HomeMy WebLinkAboutBoard of Selectmen Agenda December 21, 2011 Packet_201402061625579858A DESIGN FEASIBILITY STUDY FOR THE RE-USE
OF THE FORMER POLICE STATION BUILDING
AT 20 SOUTH WATER ST.
TOWN OF NANTUCKET, MA
DECEMBER 21, 2011
The scope of the study:
The Existing Conditions Assessment
Space Programming / Space Needs Analysis
Development of Conceptual Designs Options
Development of Preferred Options Plans
&
Preparation of Detailed Cost Estimates
The findings of the study:
Existing Conditions:
1. Structure - A complete renovation will require structural reinforcement and supplemental framing connections
to meet current wind and seismic requirements under the Massachusetts State Building Code .
2. Life Safety and Emergency Egress - The building will also need modification or replacement of the non-
compliant exit doors, corridors, stairs; as well as new fire alarm and emergency lighting.
3. Accessibility - The level of renovations needed , regardless of any building additions, will require complete
compliance with current ADA and Mass. Architectural Access Board Regulations. New compliant
improvements will be required for both outside the building and throughout the interior; including but not limited
to new accessible routes and entries, new toilet rooms, and a required elevator to provide access to all floor
levels.
4. Site – In addition to any repaired sidewalks and new hardscape & landscaping improvements between the
towns buildings on the block, work on the site will need to include new utility connections and the installation of
new storm water and drainage management systems.
5.Exterior Façade – The existing masonry exterior of the 20 South Water St. building needs numerous repairs
including;
• Masonry repairs, cleaning and re-pointing.
•Conduct selective masonry cutting for additional testing and inspection especially around doors and windows
to determine the extent of selective replacement of steel lintels and the associated flashings.
• Selective trim and flashing replacement will be required and should be done in association with all new
gutters and downspouts for better storm water control.
• The town should also consider new storm rated impact resistant windows of a historically compatible type and
the replacement of the original missing cupola.
The findings of the study:
Existing Conditions (continued):
6.Roofing - The existing roof is in need of a complete replacement of the deficient asphalt roof shingles;
including all associated underlayment layers, flashings and sealants.
7. Thermal and Moisture Protection- Incorporate new insulation and vapor retarder assemblies to improve
insulation/ thermal performance and meet current code requirements
8. Interior Materials & Finishes – Replacement of all interior finishes consistent with a public/office building as
required by any new layout is appropriate at this time.
9. Conveying Systems – A renovation of any size will require a code-required elevator for staff & public use.
10. Mechanical-Electrical-Plumbing & Fire Protection (MEP&FP) – The building is in need of a complete
replacement of the existing MEP systems due to aged, low efficiency or non-functioning equipment. New
code-compliant, energy efficient systems suitable for the intended office and public uses should be installed.
An increase in the size of the building, of a minimum of 1150 SF will also require a new automatic fire
sprinkler system, however it is recommended even for a smaller renovation only as well. An increased
electrical service and transformer size will also be required to meet current and future electrical demand.
11. Hazardous Materials Investigation – Testing for asbestos and lead paint containing materials was conducted.
A modest amount of these materials were encountered, probably due to the precious renovations and
abatements. A relatively low cost for materials removal and disposal has been estimated for any renovation
program.
The findings of the study:
Space Needs Analysis:
The following priorities were established and refined over the course of the study.
1.The first priority from the start was, and continues to be, to provide space for all of the “Mooney
Building” Finance Department staff , thus allowing the town to dispose of The Mooney Building as
previously approved by the town. Part of this priority included incorporating Assessing &
Collections as a group and providing dedicated secure file/record storage with proper climate
control and fire protection.
2.Second, the renovation, was to provide accommodations for the Sheriff and space for the
Nantucket Police Department presence.
3.As feasible. space would be dedicated to Human Resources and Human & Social Services. Early
Options also included space for the NRTA, as space in the smaller design options is limited, this
was ultimately not included.
4.The larger design options also considered the relocation of the Planning Dept. from 2 Fairgrounds
Rd. as well as the Building, Health, HDC and Con Com Departments from the Annex building at 37
Washington St. Ultimately the largest of the design options were dismissed and the ability to house
one or only a few of the smaller departments led to the decision to not include them in either
Option A or B.
The findings of the study:
The Conceptual Design Options:
“Option A” - proposed a fairly simple renovation only of the existing former police
station with no increase in building area.
“Option B” - proposed the “base” renovation plus an expansion of 3100 Gross Sq.
Ft. that would replace the NRTA Building.
“Option C” - proposed a larger expansion (+/- 4800 GSF) to provide for a physical
connection between the Town & County building and the former police station.
“Option D” - the largest of the options, proposed replacing the current Visitor’s
Center in addition to the NRTA Building. This was the only option large enough
(+/7100 GSF) to fully consolidate all of the town departments back into the
downtown area.
“Option “E” - proposed the replacement of the Visitor’s Center and the NRTA
Building and providing a direct addition/ connection to the Town & County building.
This Option left 20 S. Water St. “as is” freeing up the building for whatever use the
town might wish. (i.e. Lease / Disposition…)
The findings of the study:
Identification of the Preferred Design Option and the Detailed Cost Estimates:
•Ultimately Options C, D and E were removed from consideration for numerous reasons,
primarily due to project size and cost.
•Due to a lack of consensus for either Option A or Option B, the decision was made to
further the design of each and prepare detailed cost estimates for each.
•Detailed estimates of the construction cost for each Option were prepared by A. M.
Fogarty & Associates, Inc.
•BLF&R Architects used these figures to create a “Preliminary Total Project Cost Estimate”
for each option which projects all of the Owner’s additional soft costs and a grand total
for each option.
The findings of the study:
BLF&R findings and recommendation to build Design Option B:
1.It is BLF&Rs opinion that Design Option A will not fully meet the programmatic or space needs of the
town departments under consideration for relocation
2.The cost involved with renovating only 20 South Water St. as a standalone building is very high, on a
unit basis (i.e. Cost per Square Foot) and the low “Economy of Scale” and resulting net usable area.
3.Although Design Option B has 52% more Gross Square Feet it provides an additional 88% of Net
Usable Square Feet. This would allow for additional departmental uses, proper record storage and
flexibility going forward.
4.Option B not only replaces the space of the Mooney Building, it also very effectively replaces the
NRTA Building and provides needed space in the Town and County Building.
5.The cost differential between Option A & B may appear significant; however the “premium costs”
involved with phasing the project will add significant dollars over time.
6.It should be considered critical that the town find solutions to provide public buildings that are
functional, fully accessible to the public and also properly accommodate both the public employees
and the public records they are charged with maintaining.
The following figures represent the deltas between Options A-1 and Option B
described above with the initial increases and escalations at 5 and 10 years out.
NOTE: Escalations include 3% compounded yearly over the initial increases.
Current Construction Cost
Differential between A-1 & B
Current Soft Cost Differential
between A-1 & B
Current Total additional
cost of Option B
$1,199,505 $399,852 $1,599,357
Total Increase over time/change
Initial
Increase
factor 1.5 $1,799,257
Initial
Increase
factor 1.25 $499,815 $2,299,072 $699,715
5 years out $2,025,080
$562,546 $2,587,626 $988,269
10 years
out $2,347,623
$652,146 $2,999,768 $1,400,411
GSF NSF Eff.
Factor GSF NSF Eff.
Factor GSF NSF GSF NSF Eff.
Factor
EXISITNG
CONDITIONS 6325 5235 82.8%1050 800 76.2%4134 2750 66.5%11509 8785 76.3%
Design
Option "A"6325 5217 82.5%1050 800 76.2%0 0 7375 6017 81.6%
Design
Option "B"9622 8264 85.9%0 0 0 0 9622 8264 85.9%
NOTES:
3. Gross Square Footage (GSF) - The total square footage for a facility measured from the outside wall surfaces of
the building.
4. Net Square Footage (NSF) - Net square footage is the total usable square footage of a facility as measured from
the inside wall surface of each room. Included in this figure are non-assignable areas such as mechanical rooms,
common corridors, etc.
Total of space affected on three
sites does not include any work
at Town and County Building
Shows space lost due to
demolition of exising building in
Scheme B Only
Assumes disposition of building
/ site in both Schemes A & B
1. Does not include or account for +/- 1300 Net Square Feet of space freed-up for re-use inside the existing Town
& County Building by moving Finance Department staff to 20 South Watre Street.
20 South Water Street East Chestnut St - the
NRTA Building
22 Federal St. the
Mooney building
2. Nor does it account for any other chages to the +/- 6800 NSF of space inside the T& C Building currenly in use by
the Town, excluding the Courts and RMV.
BOS Agenda Item VII. 1.
Gift of $100 from St. Mary’s Conference/St. Vincent De Paul Society for
ACDC Gift Fund
Gift of $25 from George Vollans in memory of George Rauch for Our
Island Home Gift Fund
Gift of $200 from St. Mary’s Conference/St. Vincent De Paul Society for
Our Island Home Gift Fund
Summer 2012 DemonstrationNew England Marine Renewable Energy CenterMadaket, NantucketJohn Millerj2miller@umassd.edu
2New England Marine Renewable Energy CenterMRECDedicated to the sustainable development of ocean energy (Offshore wind, wave, tides, etc.) in New EnglandCenter with UMass Dartmouth but with regional university consortium: UMass, UNH, URI, MIT, WHOIIndustry Partners – Support demos for public informationStudy Before You Site
3Madaket Summer 2012 Demo PlanGoals• Radar mapping of wind/wave climate– Better understand resource– Improve erosion prediction • Wave generator– In surf, below water line – Assess erosion mitigation– Demonstrate electrical generation
4Radar Demonstration• Timing: May - ? (Data driven)• Requirements– 20’ antenna, removable foundation, <25 m to water– Cables to antenna hand buried in conduit– Shed (5x8’) with eco-friendly Pin foundations– Electrical service to shed (120 V, 20 amp) 5 ft pipe foundation
5South Beach State Park, Long Point Wildlife Refuge Negative Determination of Applicability
6Wave Device Demonstration• Timing: May – June• Demo of wave conversion device and impact study– Before, during, after assessments of sediment transport– Assessments and mitigation of biological impacts• Avoidance of eel grass• Monitoring of fish, etc.• Requirements– 8 ft device placed in 20 feet of water, instrumentation– Cable buried to approximately 1 meter, device to shed– Use of shed/power provided by Radar Demo
7Erosion Study• Wave device monitored for sediment transport impact– Instrumentation before, during, and after deployment– Assessment and mitigation for any biological impact• Layers of sensing for erosion prediction– Radar - long range conditions– Wave buoy - short range conditions– Instrumentation monitors impact at beach
Madaket Area
PURCHASE AND SALE AGREEMENT
Agreement made this day of , 2011.
1. PARTIES AND MAILING ADDRESSES
The Town of Nantucket, a municipal corporation acting by and through its Board of Selectmen
having an address of 16 Broad Street, Nantucket, Massachusetts 02554, hereinafter called the
SELLER, agrees to SELL and Whitney A. Gifford, Trustee of 192 Cliff Road Nominee Trust under
Declaration of Trust dated December ___, 2011 recorded with Nantucket Registry of Deeds of 6
Young’s Way, Nantucket, Massachusetts 02554 , hereinafter called the BUYER or PURCHASER,
agrees to BUY, upon the terms hereinafter set forth, the following described premises:
2. DESCRIPTION
The premises located at 192 Cliff Road, Nantucket, Massachusetts, is a portion of a lot known as
Nantucket Tax Assessors Map 40, Parcel 22, containing approximately 12,411 square feet of
vacant land, and shown as Lot B-1 on a plan of land entitled “Plan of Land in Nantucket,
Massachusetts, Scale: 1” = 40’, Date: July 20,2009, Prepared for: Town of Nantucket,” prepared
by Nantucket Surveyors, LLC recorded with Nantucket county Registry of Deeds as Plan No. 2009-
38 (the “Property” or “Premises”).
3. BUILDINGS, STRUCTURES, IMPROVEMENTS, FIXTURES
Intentionally Omitted (Vacant Land).
4. TITLE DEED
Said premises are to be conveyed by a good and sufficient quitclaim deed running to the BUYER,
or to the nominee designated by the BUYER by written notice to the SELLER at least seven (7)
days before the deed is to be delivered as herein provided, and said deed shall convey a good and
clear record and marketable title thereto, free from encumbrances, except:
(a) Any liens for municipal betterments assessed after the date of this agreement;
(b) Laws, by-laws, rules, and regulations, whether federal, state, or local, which affect the
use of the Premises, including, but not limited to, rules and regulations of the Nantucket
Conservation Commission, Nantucket Zoning By-Law, Nantucket Historic District
Commission, Nantucket Building Department, Nantucket Planning Board and Nantucket
Board of Health;
(c) Real estate taxes for the then-current fiscal year and future periods which are not due
and payable at the time of delivery of the deed;
1
(d) Any fee which may be imposed upon the transaction which is the subject of this
agreement by the Nantucket Land Bank Commission, which the Buyer agrees to pay at the
time of delivery of the deed;
(e) Any right, restrictions or easements and reservations of record, if any, so long as the
same do not prohibit or materially interfere with the use of said premises for residential
purposes; and
(f) Any public rights existing below mean high water, if applicable.
5. PLANS
If said deed refers to a plan necessary to be recorded therewith the BUYER shall deliver such plan
with the deed in a form adequate for recording.
6. REGISTERED TITLE
In addition to the foregoing, if the title to the said premises is registered, said deed shall be in form
sufficient to entitle the BUYER to a Certificate of Title to said premises, and the SELLER shall
deliver with said deed all instruments, if any, necessary to enable BUYER to obtain such Certificate
of Title.
7. PURCHASE PRICE
The agreed purchase price for said premises is Six Hundred Eighty-Five Thousand and 00/100
Dollars ($685,000.00), of which
$ 34,255.00 was paid with Proposal
$650,845.00 are to be paid at the time of delivery of the deed in cash, or by
certified, cashier’s, treasurer’s or bank check(s).
_______________________
$685,100.00 Total
8. TIME FOR PERFORMANCE; DELIVERY OF DEED
Said deed is to be delivered to BUYER at the Nantucket County Registry of Deeds at 1:00 P.M. on
the 22h day of December , 2011, unless otherwise agreed upon in writing. It is agreed that time is
of the essence of this agreement.
9. POSSESSION AND CONDITION OF PREMISES
Full possession of said premises free of all tenants and occupants is to be delivered at the time of
the delivery of the deed, said Premises to be then (a) in the same condition as they are now, and
(b) in compliance with provisions of any instrument referred to in clause 4 hereof. The BUYER
shall be entitled to personally inspect the premises prior to the delivery of the deed in order to
determine whether the condition of the premises complies with the terms of this clause.
2
10. EXTENSION TO PERFECT TITLE OR MAKE PREMISES CONFORM
If the SELLER shall be unable to give title or to make conveyance, or to deliver possession of the
premises, all as herein stipulated, or if at the time of delivery of the deed the premises do not
conform with the provisions hereof, then the SELLER shall use reasonable efforts to remove any
defects in title, or to deliver possession as provided herein, or to make the said premises conform
to the provisions hereof, as the case may be, in which event the SELLER shall give written notice
thereof to the BUYER at or before the time for performance hereunder, and thereupon the time for
performance hereof shall be extended for a period of thirty (30) days. In the event that such an
extension occurs, BUYER agrees to close prior to expiration of the extension period and as soon
as reasonably possible after SELLER is prepared to deliver the Premises in compliance with this
Agreement. In no event shall SELLER be required to expend more than a total of $1,000.00 to
clear title to and deliver possession of the Premises.
11. FAILURE TO PERFECT TITLE OR MAKE PREMISES CONFORM
If at the expiration of the extended time the SELLER shall have failed so to remove any defects in
title, deliver possession, or make the premises conform, as the case may be, all as herein agreed,
then any payments made under this agreement shall be forthwith refunded and all other obligations
of the parties hereto shall cease and this agreement shall be void without recourse to the parties
hereto.
12. BUYER’S ELECTION TO ACCEPT TITLE
The BUYER shall have the election, at either the original or any extended time for performance, to
accept such title as the SELLER can deliver to the said premises in their then condition and to pay
therefore the purchase price without deduction, in which case the SELLER shall convey such title.
13. ACCEPTANCE OF DEED
The acceptance and recording of a deed by the BUYER or his nominee as the case may be, shall
be deemed to be a full performance and discharge of every agreement and obligation herein
contained or expressed, except such as are, by the terms hereof, to be performed after delivery of
said deed.
14. USE OF MONEY TO CLEAR TITLE
To enable the SELLER to make conveyance as herein provided, the SELLER may, at the time of
delivery of the deed, use the purchase money or any portion thereof to clear the title of any or all
encumbrances or interests, provided that all instruments so procured are recorded simultaneously
with the delivery of said deed.
15. INSURANCE
Intentionally Omitted (Vacant Land).
3
16. ADJUSTMENTS
A payment in lieu of taxes shall be paid in accordance with G.L. c. 44, Section 63A as of the day of
performance of this Agreement and the amount thereof shall be added to the purchase price
payable by Buyer at the time of delivery of the deed.
17. ADJUSTMENT OF UNASSESSED AND UNABATED TAXES
Intentionally Omitted.
18. BROKER’S FEE
Intentionally Omitted.
19. BROKER’S WARRANTY
Intentionally Omitted.
20. DEPOSIT
All deposits made hereunder shall be held in escrow by Town Treasurer. as escrow agent in a non-
interest bearing account subject to the terms of this agreement and shall be duly accounted for at
the time for performance of this agreement. In the event of any disagreement between the parties,
escrow agent shall retain all deposits made under this agreement pending instructions mutually
given in writing by the SELLER and the BUYER, or by court order by a Court having competent
jurisdiction.
All deposits made hereunder shall be placed in a non-interest-bearing account. The escrow agent
hereunder shall not be liable for any loss suffered with respect to the escrow account or for any
action or inaction taken by the escrow agent in good faith with respect to the account or deposit.
The escrow agent may resign at any time by transferring the deposit to a successor escrow agent
reasonably acceptable to SELLER and BUYER which successor agrees in writing to act as escrow
agent. BUYER and SELLER jointly and severally agree to indemnify and hold the escrow agent
harmless for any and all costs and expenses, including reasonable attorney’s fees, incurred in
connection with any such dispute.
21. BUYER’S DEFAULT; DAMAGES
If the BUYER shall fail to fulfill the BUYER’S agreements herein, all deposits made hereunder by
the BUYER shall be retained by the SELLER as liquidated damages which shall be the SELLER’S
sole and exclusive remedy at law and in equity for a breach of this agreement.
22. RELEASE BY HUSBAND OR WIFE
The SELLER’s spouse hereby agrees to join in said deed and to release and convey all statutory
and other rights and interest in said premises, if applicable.
4
23. BROKER AS PARTY
Intentionally Omitted.
24. LIABILITY OF TRUSTEES, SHAREHOLDERS OR BENEFICIARIES
If the SELLER or BUYER executes this agreement in a representative or fiduciary capacity, only
the principal or the estate represented shall be bound, and neither the SELLER or BUYER so
executing, nor any shareholder or beneficiary of any trust, shall be personally liable for any
obligation, express or implied, hereunder.
25. WARRANTIES AND REPRESENTATIONS
The BUYER acknowledges that the BUYER has not been influenced to enter into this transaction
nor has he relied upon any warranties or representations not set forth or incorporated in this
agreement or previously made in writing, except for the following additional warranties and
representations, if any, made by either the SELLER: NONE. SELLER and SELLER’s agents have
made no warranties or representations, express or implied, and BUYER is purchasing the
premises in its “AS IS” and without inspection.
26. MORTGAGE CONTINGENCY CLAUSE
None.
27. CONSTRUCTION OF AGREEMENT
This instrument, executed in multiple counterparts, is to be construed as a Massachusetts contract,
is to take effect as a sealed instrument, sets forth the entire contract between the parties, is binding
upon and inures to the benefit of the parties hereto and their respective heirs, devisees, executors,
administrators, successors and assigns, and may be canceled, modified or amended only by a
written instrument executed by both the SELLER and the BUYER or their respective counsel. The
Parties may rely upon facsimile copies of such written instruments. If two or more persons are
named herein as BUYER their obligations hereunder shall be joint and several. The captions and
marginal notes are used only as a matter of convenience and are not to be considered a part of
this agreement or to be used in determining the intent of the parties to it.
28. TITLE STANDARDS AND CONVEYANCING PRACTICES
Any matter relating to performance of this Agreement which is the subject of a title, practice or
ethical standard of the Real Estate Bar Association of Massachusetts shall be governed by such
standard to the extent applicable.
29. NOTICES
All notices, demands, consents and approvals required or permitted hereunder shall be deemed to
have been duly given if in writing addressed to BUYER or SELLER at:
5
In the case of BUYER:
Whitney A. Gifford
Trustee of 1922 Cliff Road Nominee Trust
c/o Reade, Gullicksen, Hanley & Gifford,
LLP
Six Young’s Way
Nantucket, MA 02554
With a copy to:
Whitney A. Gifford, Esq.
Reade, Gullicksen, Hanley & Gifford, LLP
Six Young’s Way
Nantucket, MA 02554
(508) 228-3128
Facsimile: (508) 228-5630
In the case of SELLER:
Town of Nantucket
Town and County Building
16 Broad Street
Nantucket, MA 02554
With a copy to:
Vicki S. Marsh, Esq.
Kopelman and Paige, P.C.
101 Arch Street, 12th Fl.
Boston, MA 02110
(617) 556-0007
Facsimile: (617) 654-1735
and shall be deemed delivered upon the earliest to occur of (a) receipt or refusal to accept delivery;
or (b) upon delivery prior to 5:00 P.M. on any business day by telecopy evidenced by written or
printed receipt confirmation, provided a copy of any such notice sent by telecopy is sent also by
means of one of the above-described manners of delivery. BUYER and SELLER may change the
address to which any notice is to be sent by giving reasonable notice to the other party of such new
address in the manner specified.
30. NO BROKER WARRANTY
The parties warrant and represent each to the other that there is no broker involved with the
transaction to which this agreement pertains. In the event of a breach of the foregoing
representation, the breaching party shall indemnify and hold harmless the non-breaching party for
all expenses, including attorney’s fees, which arise from such breach. The provisions of this
section shall survive delivery of the deed hereunder.
31. SELLER’S CONTINGENCY
SELLER’S obligations hereunder shall be contingent upon SELLER complying prior to closing with
the requirements of Massachusetts General Laws Chapter 30B concerning public procurement of
the premises and obtaining all necessary authority to sell the premises, including but not limited to
a declaration that the premises constitutes surplus property and an appropriate Town Meeting vote.
6
32. VENUE
The parties hereto agree that all actions on this Agreement shall be brought in the Superior Court
Department of the Trial Court, Commonwealth of Massachusetts, Nantucket Division, to the extent
that said Court shall have jurisdiction of the subject matter in any such action.
33. EXTENSION AUTHORITY
By executing this Agreement, Buyer and Seller hereby grant to their respective attorneys the actual
authority to bind them by facsimile for the limited purpose of allowing them to grant extensions, and
Buyer and Seller shall be able to rely upon the signature of said attorneys as binding unless they
have actual knowledge that either party has disclaimed the authority granted herein to bind them.
34. CLOSING DOCUMENTS
BUYER agrees to sign at closing all forms reasonably required by SELLER including without
limitation a disclosure statement pursuant to G.L. c. 7, sec. 40J. BUYER agrees to pay the legal
costs incurred for preparing a Quitclaim Deed for the Premises.
35. MERGER OF PREMISES
None
36. CONDITION OF PREMISES
BUYER acknowledges that prior to the date of this Agreement, BUYER entered the Premises for
the purpose of surveying and inspecting the Premises, as necessary for BUYER’s financing and
purchasing of the Premises and BUYER agrees that BUYER and BUYER’s agents fully and
completely inspected the Premises, and that BUYER is wholly satisfied with the condition of the
Premises. SELLER and SELLER’s agents have made no warranties or representations with
respect to the Premises, express or implied, on which BUYER has relied except as otherwise set
forth in this Agreement. In the event that BUYER and/or BUYER’s agents, contractors and
employees access the Premises to make any further inspections, assessments, surveys,
appraisals or other examination of any portion of the Premises, then such access shall be solely at
the BUYER’s risk, and BUYER shall indemnify and save SELLER harmless from any and all
claims, demands, suits or causes of action of any nature whatsoever arising from BUYER’s and its
agents’, contractors’ and employees’ presence at and/or actions upon or about the Premises,
including, without limitation, any claim for personal injury or property damage made by any such
person afforded access to the Premises pursuant hereto. BUYER will, and will cause its agents,
employees, and contractors, to observe any posted rules and regulations on the Premises.
37. REPRESENTATION BY COUNSEL
BUYER and SELLER each acknowledge and agree that they have by counsel of their own
choosing or have had an opportunity to be so represented by counsel, and both BUYER and
SELLER have read and understand the terms of this Agreement.
7
8
38. ASSIGNMENT AND RECORDING OF AGREEMENT
BUYER shall not file this Agreement with any Registry of Deeds or recording office. BUYER shall
not assign this Agreement to any party without SELLER’s prior written consent, which consent
SELLER may withhold for any or no reason, except in the event that the assignment is to the
beneficiaries of the 190 Cliff Road Nominee Trust or to a different legal entity of which said
beneficiaries are either beneficiaries or principals. In the event BUYER so files or assigns this
Agreement without SELLER’s prior written consent, then SELLER may elect, upon written notice to
BUYER, to terminate this Agreement and to retain any and all deposits.
39. SEVERABILITY
If this Agreement shall contain any term or provision which shall be invalid, then the remainder of
the Agreement, as the case may be, shall not be affected thereby and shall remain valid and in full
force and effect to the fullest extent permitted by law, provided such term or provision does not
materially affect the obligations of either of the parties nor the essence of the Agreement.
SELLER: ESCROW AGENT:
TOWN OF NANTUCKET TOWN TREASURER
By its Board of Selectmen:
BUYER: Whitney A. Gifford, Trustee
Of 192 Cliff Road Nominee
Trust
______________________________ ______________________________
420962v2/NANT/0028
QUITCLAIM DEED
192 Cliff Road, Nantucket, Massachusetts
The TOWN OF NANTUCKET, a Massachusetts municipal corporation having a
principal place of business at 16 Broad Street, Nantucket, Nantucket County, Massachusetts
acting by and through its Board of Selectmen (the “Grantor”), in consideration of Six Hundred
Eighty-Five Thousand One Hundred and 00/100 Dollars ($685,100.00), receipt of which is
hereby acknowledged, pursuant to the authority of Article 85 voted upon at 2004 Annual Town
Meeting, a certified copy of which is attached hereto, grants to Whitney A. Gifford, Trustee of
192 Cliff Road Nominee Trust under a Declaration of Trust dated December __, 2011 recorded
herewith with the Nantucket County Registry of Deeds of 6 Young’s Way, Nantucket,
Massachusetts 02554 (the “Grantee”), with QUITCLAIM COVENANTS, that certain lot of land
shown as Lot B-1 on a plan of land entitled “Plan of Land in Nantucket, Massachusetts, Scale: 1”
= 40’, Date: July 20, 2009, Prepared for : Town of Nantucket,” prepared by Nantucket
Surveyors, LLC recorded with said Deeds as Plan No. 2009-38 (the “Plan”) . The premises
hereby conveyed is located at 192 Cliff Road in Nantucket, Massachusetts, and contains
approximately 12,411 square feet of vacant land and is shown on Town of Nantucket Tax
Assessor Map 40 as a portion of Parcel 22 (the “Parcel”).
Said Parcel is conveyed subject to a 10’ wide utility easement as shown on said Plan.
The undersigned certifies that there has been full compliance with the provisions of G. L.
c. 44 §63A.
No deed stamp taxes are due on this conveyance.
For Grantor’s title, see De-Registration Judgment recorded with said Deeds in Book
1181, Page 192.
EXECUTED under seal this day of , 2011.
TOWN OF NANTUCKET
BY ITS BOARD OF SELECTMEN
Rick Atherton
Whiting Willauer
Patricia Roggeveen
Michael Kopko
Robert DeCosta
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
On this day of , 2011, before me, the undersigned Notary Public,
personally appeared Rick Atherton, Whiting Willauer, Patricia Roggeveen, Michael Kopko and
Robert DeCosta as Members of the Board of Selectmen of the Town of Nantucket, proved to me
through satisfactory evidence of identification, which was personal knowledge, to be the persons
whose names are signed on the preceding or attached document, and acknowledged to me that
they signed it voluntarily for its stated purpose as the free and deed of the Board of Selectmen of
the Town of Nantucket.
Notary Public
My Commission Expires:
438174v2/NANT19713/0028
SETTLEMENT STATEMENT
Town of Nantucket (“Seller”)
Whitney A. Gifford, Trustee of 192 Cliff Road Nominee Trust(“Buyer”)
Lot B-1 Cliff Road, Nantucket, MA (Property)
December 22, 2011 (Closing Date)
Purchase Price: $ 685,100.00
Less:
Deposit $ 34,255.00
Plus:
Payment in Lieu of Tax Adjustment
(12/22/11-6/30/12) $ 1,296.89
Reimbursement of Town’s Legal Fees $ 1,960.00
Net Amount Due Seller: $ 654,101.89
Checks:
Town of Nantucket $ 654,101.89
BUYER: SELLER: TOWN OF NANTUCKET
Whitney A. Gifford, Trustee BOARD SELECTMEN
Of the 192 Cliff Road Nominee Trust
_________________________
________________________
438180v2/NANT19713/0028
PURCHASE AND SALE AGREEMENT
Agreement made this day of , 2011.
1. PARTIES AND MAILING ADDRESSES
The Town of Nantucket, a municipal corporation acting by and through its Board of Selectmen
having an address of 16 Broad Street, Nantucket, Massachusetts 02554, hereinafter called the
SELLER, agrees to SELL and Whitney A. Gifford, Trustee of 190 Cliff Road Nominee Trust under
Declaration of Trust dated July 21, 2000 filed with Nantucket Registry District of the Land Court as
Document Number 90166, of 6 Young’s Way, Nantucket, Massachusetts 02554 , hereinafter called
the BUYER or PURCHASER, agrees to BUY, upon the terms hereinafter set forth, the following
described premises:
2. DESCRIPTION
The premises are two lots of land located at Cliff Road, Nantucket, Massachusetts, being a
portion of land shown on Nantucket Tax Assessors Map 40, Parcel 22, and shown as Lot B-1.1
containing 2,338 square feet more or less and Lot B-1.2 containing 1,695 square feet more or less
on a plan of land entitled “Plan of Land in Nantucket, Massachusetts, Scale: 1” = 40’, Date: July 20,
2009, Prepared for: Town of Nantucket,” prepared by Nantucket Surveyors, LLC recorded with
Nantucket county Registry of Deeds as Plan No. 2009-38 (the “Property” or “Premises”).
3. BUILDINGS, STRUCTURES, IMPROVEMENTS, FIXTURES
Intentionally Omitted (Vacant Land).
4. TITLE DEED
Said premises are to be conveyed by a good and sufficient quitclaim deed running to the BUYER,
or to the nominee designated by the BUYER by written notice to the SELLER at least seven (7)
days before the deed is to be delivered as herein provided, and said deed shall convey a good and
clear record and marketable title thereto, free from encumbrances, except:
(a) Any liens for municipal betterments assessed after the date of this agreement;
(b) Laws, by-laws, rules, and regulations, whether federal, state, or local, which affect the
use of the Premises, including, but not limited to, rules and regulations of the Nantucket
Conservation Commission, Nantucket Zoning By-Law, Nantucket Historic District
Commission, Nantucket Building Department, Nantucket Planning Board and Nantucket
Board of Health;
(c) Real estate taxes for the then-current fiscal year and future periods which are not due
and payable at the time of delivery of the deed;
(d) Any fee which may be imposed upon the transaction which is the subject of this
1
agreement by the Nantucket Land Bank Commission, which the Buyer agrees to pay at the
time of delivery of the deed;
(e) Any right, restrictions or easements and reservations of record, if any, so long as the
same do not prohibit or materially interfere with the use of said premises for residential
purposes;
(f) Any public rights existing below mean high water, if applicable; and
(g) Said deed shall contain a reversion clause and a restriction set forth in Section 35
below to require the Premises to be used, and effectively merged with, the BUYER’S
existing property known as 190 Cliff Road, Nantucket, Massachusetts, for all purposes and
permanently restricting any further division or subdivision of the Premises as combined
with said existing property except if the Buyer revises the boundary lines between the
BUYER’S existing property and that of their abutters provided such change in the
boundary lines does not create any additional lots.
5. PLANS
If said deed refers to a plan necessary to be recorded therewith the BUYER shall deliver such plan
with the deed in a form adequate for recording.
6. REGISTERED TITLE
In addition to the foregoing, if the title to the said premises is registered, said deed shall be in form
sufficient to entitle the BUYER to a Certificate of Title to said premises, and the SELLER shall
deliver with said deed all instruments, if any, necessary to enable BUYER to obtain such Certificate
of Title.
7. PURCHASE PRICE
The agreed purchase price for said premises is Ten Thousand Two Hundred and 00/100 Dollars
($10,200.00), of which
$ 510.00 was paid with Proposals
$ 9,690.00. is to be paid at the time of delivery of the deed in cash, or by
certified, cashier’s, treasurer’s or bank check(s).
_______________________
$ 10,200.00 Total
8. TIME FOR PERFORMANCE; DELIVERY OF DEED
Said deed is to be delivered to BUYER at the Nantucket County Registry of Deeds at 1:00 P.M. on
the 22nd day of December, 2011, unless otherwise agreed upon in writing. It is agreed that time is
of the essence of this agreement.
2
9. POSSESSION AND CONDITION OF PREMISES
Full possession of said premises free of all tenants and occupants is to be delivered at the time of
the delivery of the deed, said Premises to be then (a) in the same condition as they are now, and
(b) in compliance with provisions of any instrument referred to in clause 4 hereof. The BUYER
shall be entitled to personally inspect the premises prior to the delivery of the deed in order to
determine whether the condition of the premises complies with the terms of this clause.
10. EXTENSION TO PERFECT TITLE OR MAKE PREMISES CONFORM
If the SELLER shall be unable to give title or to make conveyance, or to deliver possession of the
premises, all as herein stipulated, or if at the time of delivery of the deed the premises do not
conform with the provisions hereof, then the SELLER shall use reasonable efforts to remove any
defects in title, or to deliver possession as provided herein, or to make the said premises conform
to the provisions hereof, as the case may be, in which event the SELLER shall give written notice
thereof to the BUYER at or before the time for performance hereunder, and thereupon the time for
performance hereof shall be extended for a period of thirty (30) days. In the event that such an
extension occurs, BUYER agrees to close prior to expiration of the extension period and as soon
as reasonably possible after SELLER is prepared to deliver the Premises in compliance with this
Agreement. In no event shall SELLER be required to expend more than a total of $1,000.00 to
clear title to and deliver possession of the Premises.
11. FAILURE TO PERFECT TITLE OR MAKE PREMISES CONFORM
If at the expiration of the extended time the SELLER shall have failed so to remove any defects in
title, deliver possession, or make the premises conform, as the case may be, all as herein agreed,
then any payments made under this agreement shall be forthwith refunded and all other obligations
of the parties hereto shall cease and this agreement shall be void without recourse to the parties
hereto.
12. BUYER’S ELECTION TO ACCEPT TITLE
The BUYER shall have the election, at either the original or any extended time for performance, to
accept such title as the SELLER can deliver to the said premises in their then condition and to pay
therefore the purchase price without deduction, in which case the SELLER shall convey such title.
13. ACCEPTANCE OF DEED
The acceptance and recording of a deed by the BUYER or his nominee as the case may be, shall
be deemed to be a full performance and discharge of every agreement and obligation herein
contained or expressed, except such as are, by the terms hereof, to be performed after delivery of
said deed.
3
14. USE OF MONEY TO CLEAR TITLE
To enable the SELLER to make conveyance as herein provided, the SELLER may, at the time of
delivery of the deed, use the purchase money or any portion thereof to clear the title of any or all
encumbrances or interests, provided that all instruments so procured are recorded simultaneously
with the delivery of said deed.
15. INSURANCE
Intentionally Omitted (Vacant Land).
16. ADJUSTMENTS
A payment in lieu of taxes shall be paid in accordance with G.L. c. 44, § 63A as of the day of
performance of this Agreement and the amount thereof shall be added to the purchase price
payable by BUYER at the time of delivery of the deed.
17. ADJUSTMENT OF UNASSESSED AND UNABATED TAXES
Intentionally Omitted.
18. BROKER’S FEE
Intentionally Omitted.
19. BROKER’S WARRANTY
Intentionally Omitted.
20. DEPOSIT
All deposits made hereunder shall be held in escrow by Town Treasurer, as escrow agent in a non-
interest bearing account subject to the terms of this agreement and shall be duly accounted for at
the time for performance of this agreement. In the event of any disagreement between the parties,
escrow agent shall retain all deposits made under this agreement pending instructions mutually
given in writing by the SELLER and the BUYER, or by court order by a Court having competent
jurisdiction.
All deposits made hereunder shall be placed in a non-interest-bearing account. The escrow agent
hereunder shall not be liable for any loss suffered with respect to the escrow account or for any
action or inaction taken by the escrow agent in good faith with respect to the account or deposit.
The escrow agent may resign at any time by transferring the deposit to a successor escrow agent
reasonably acceptable to SELLER and BUYER which successor agrees in writing to act as escrow
agent. BUYER and SELLER jointly and severally agree to indemnify and hold the escrow agent
harmless for any and all costs and expenses, including reasonable attorney’s fees, incurred in
connection with any such dispute.
4
21. BUYER’S DEFAULT; DAMAGES
If the BUYER shall fail to fulfill the BUYER’S agreements herein, all deposits made hereunder by
the BUYER shall be retained by the SELLER as liquidated damages which shall be the SELLER’S
sole and exclusive remedy at law and in equity for a breach of this agreement.
22. RELEASE BY HUSBAND OR WIFE
The SELLER’s spouse hereby agrees to join in said deed and to release and convey all statutory
and other rights and interest in said premises, if applicable.
23. BROKER AS PARTY
Intentionally Omitted.
24. LIABILITY OF TRUSTEES, SHAREHOLDERS OR BENEFICIARIES
If the SELLER or BUYER executes this agreement in a representative or fiduciary capacity, only
the principal or the estate represented shall be bound, and neither the SELLER or BUYER so
executing, nor any shareholder or beneficiary of any trust, shall be personally liable for any
obligation, express or implied, hereunder.
25. WARRANTIES AND REPRESENTATIONS
The BUYER acknowledges that the BUYER has not been influenced to enter into this transaction
nor has he relied upon any warranties or representations not set forth or incorporated in this
agreement or previously made in writing, except for the following additional warranties and
representations, if any, made by either the SELLER: NONE. SELLER and SELLER’s agents have
made no warranties or representations, express or implied, and BUYER is purchasing the
premises in its “AS IS” and without inspection.
26. MORTGAGE CONTINGENCY CLAUSE
None.
27. CONSTRUCTION OF AGREEMENT
This instrument, executed in multiple counterparts, is to be construed as a Massachusetts contract,
is to take effect as a sealed instrument, sets forth the entire contract between the parties, is binding
upon and inures to the benefit of the parties hereto and their respective heirs, devisees, executors,
administrators, successors and assigns, and may be canceled, modified or amended only by a
written instrument executed by both the SELLER and the BUYER or their respective counsel. The
Parties may rely upon facsimile copies of such written instruments. If two or more persons are
named herein as BUYER their obligations hereunder shall be joint and several. The captions and
marginal notes are used only as a matter of convenience and are not to be considered a part of
this agreement or to be used in determining the intent of the parties to it.
5
28. TITLE STANDARDS AND CONVEYANCING PRACTICES
Any matter relating to performance of this Agreement which is the subject of a title, practice or
ethical standard of the Real Estate Bar Association of Massachusetts shall be governed by such
standard to the extent applicable.
29. NOTICES
All notices, demands, consents and approvals required or permitted hereunder shall be deemed to
have been duly given if in writing addressed to BUYER or SELLER at:
In the case of BUYER:
Whitney A. Gifford
Trustee of 190 Cliff Road Nominee Trust
c/o Reade, Gullicksen, Hanley & Gifford,
LLP
Six Young’s Way
Nantucket, MA 02554
With a copy to:
Whitney A. Gifford, Esq.
Reade, Gullicksen, Hanley & Gifford, LLP
Six Young’s Way
Nantucket, MA 02554
(508) 228-3128
Facsimile: (508) 228-5630
In the case of SELLER:
Town of Nantucket
Town and County Building
16 Broad Street
Nantucket, MA 02554
With a copy to:
Vicki S. Marsh, Esq.
Kopelman and Paige, P.C.
101 Arch Street, 12th Fl.
Boston, MA 02110
(617) 556-0007
Facsimile: (617) 654-1735
and shall be deemed delivered upon the earliest to occur of (a) receipt or refusal to accept delivery;
or (b) upon delivery prior to 5:00 P.M. on any business day by telecopy evidenced by written or
printed receipt confirmation, provided a copy of any such notice sent by telecopy is sent also by
means of one of the above-described manners of delivery. BUYER and SELLER may change the
address to which any notice is to be sent by giving reasonable notice to the other party of such new
address in the manner specified.
30. NO BROKER WARRANTY
The parties warrant and represent each to the other that there is no broker involved with the
transaction to which this agreement pertains. In the event of a breach of the foregoing
representation, the breaching party shall indemnify and hold harmless the non-breaching party for
all expenses, including attorney’s fees, which arise from such breach. The provisions of this
section shall survive delivery of the deed hereunder.
6
31. SELLER’S CONTINGENCY
SELLER’S obligations hereunder shall be contingent upon SELLER complying prior to closing with
the requirements of Massachusetts General Laws Chapter 30B concerning public procurement of
the premises and obtaining all necessary authority to sell the premises, including but not limited to
a declaration that the premises constitutes surplus property and an appropriate Town Meeting vote.
32. VENUE
The parties hereto agree that all actions on this Agreement shall be brought in the Superior Court
Department of the Trial Court, Commonwealth of Massachusetts, Nantucket Division, to the extent
that said Court shall have jurisdiction of the subject matter in any such action.
33. EXTENSION AUTHORITY
By executing this Agreement, Buyer and Seller hereby grant to their respective attorneys the actual
authority to bind them by facsimile for the limited purpose of allowing them to grant extensions, and
Buyer and Seller shall be able to rely upon the signature of said attorneys as binding unless they
have actual knowledge that either party has disclaimed the authority granted herein to bind them.
34. CLOSING DOCUMENTS
BUYER agrees to sign at closing all forms reasonably required by SELLER including without
limitation a disclosure statement pursuant to G.L. c. 7, sec. 40J. BUYER agrees to pay the legal
costs incurred for preparing a Quitclaim Deed for the Premises.
35. MERGER OF PREMISES
BUYER shall consolidate the Premises with the BUYER’S existing abutting lot as set forth in the
terms of the Request for Proposals for the “Nantucket Yard Sale Program.” This consolidation
process includes but is not limited to: obtaining a special permit from the Zoning Board of Appeals
to alter any premises which is a nonconforming lot pursuant to Town Code 139-33A(8) and, filing a
new perimeter plan with the Nantucket Planning Board and Massachusetts Land Court, if
applicable.
BUYER warrants that the Premises shall not be used as a separate buildable lot or resold as a
separate buildable lot and shall be used for residential uses only. Notwithstanding any provision
herein to the contrary, BUYER shall accept the deed required to be delivered pursuant to this
Agreement if such deed contains permanent restrictions, held by SELLER and running with the
land, to enforce such restrictions and covenants as follows:
“The grantor’s conveyance of the parcel(s) described herein is based in part on the grantee’s
warranty and representation to the grantor that such parcel(s) shall be used for residential
purposes only and shall, for all intents and purposes, be combined with and considered as one
parcel with the abutting property previously acquired by grantee pursuant to the deed filed with the
Nantucket Registry District of the Land Court as Document Number 90165 shown on Town
Assessor’s Map 40, as Parcel 23, numbered 190 Cliff Road and shown as Lot 34 on Land Court
Plan 9455-P, drawn by Essex Survey Service, Inc. Surveyors, dated December 13, 1978 and filed
7
with Certificate of Title No. 8542 at said Registry District of the Land Court (collectively, the
“Combined Premises”), and that no part of the Combined Premises shall be hereafter divided,
subdivided or conveyed as a separate parcel or parcels, unless prior written permission is granted
by the Town of Nantucket Board of Selectmen and such permission is recorded at the Registry,
except if the Grantee revises the boundary lines between the Grantee’s existing property and their
abutter’s property , provided such change in the boundary lines does not create additional lots.
Accordingly, the parcel hereby granted to the grantee is conveyed subject to a permanent
restriction held by the grantor, forever restricting the Combined Premises to residential use and
prohibiting the division or subdivision of the parcel and the use of the parcel apart from the
Combined Premises except as provided above. These restrictions shall run with the title to the
Combined Premises, and no part of the Combined Premises shall be hereafter used or conveyed
in a manner inconsistent with these restrictions unless a prior written release is granted by the
Town of Nantucket Board of Selectmen and filed with said Deeds.”
These restrictions shall be enforceable for a term of 200 years from the date hereof, and all of the
agreements, restrictions, rights and covenants contained herein shall be deemed to be “other
restrictions held by any governmental body” pursuant to G.L. c. 184, Section 26 such that the
restrictions contained herein shall be enforceable for the full term of 200 years and not be limited in
duration by any contrary rule or operation of law. Nevertheless, if recording of a notice is ever
needed to extend the time period for enforceability of these restrictions, the grantee hereby
appoints the grantor as its agent and attorney in fact to execute and record such notice and further
agrees that the grantee shall execute and record such notice upon request. The representations,
warranties and provisions of this Section 35 shall survive the delivery of this deed and any
conveyance of the Premises, and BUYER shall accept a deed required to be delivered pursuant to
this Agreement if such deed contains permanent restrictions, held by SELLER and running with the
land, to enforce these covenants.
36. CONDITION OF PREMISES
BUYER acknowledges that prior to the date of this Agreement, BUYER entered the Premises for
the purpose of surveying and inspecting the Premises, as necessary for BUYER’s financing and
purchasing of the Premises and BUYER agrees that BUYER and BUYER’s agents fully and
completely inspected the Premises, and that BUYER is wholly satisfied with the condition of the
Premises. SELLER and SELLER’s agents have made no warranties or representations with
respect to the Premises, express or implied, on which BUYER has relied except as otherwise set
forth in this Agreement. In the event that BUYER and/or BUYER’s agents, contractors and
employees access the Premises to make any further inspections, assessments, surveys,
appraisals or other non-invasive examination of the surface of the Premises, then such access
shall be solely at the BUYER’s risk, and BUYER shall indemnify and save SELLER harmless from
any and all claims, demands, suits or causes of action of any nature whatsoever arising from
BUYER’s and its agents’, contractors’ and employees’ presence at and/or actions upon or about
the Premises, including, without limitation, any claim for personal injury or property damage made
by any such person afforded access to the Premises pursuant hereto. BUYER will, and will cause
its agents, employees, and contractors, to observe any posted rules and regulations on the
Premises.
8
9
37. REPRESENTATION BY COUNSEL
BUYER and SELLER each acknowledge and agree that they have by counsel of their own
choosing or have had an opportunity to be so represented by counsel, and both BUYER and
SELLER have read and understand the terms of this Agreement.
38. ASSIGNMENT AND RECORDING OF AGREEMENT
BUYER shall not file this Agreement with any Registry of Deeds or recording office. BUYER shall
not assign this Agreement to any party without SELLER’s prior written consent, which consent
SELLER may withhold for any or no reason. In the event BUYER so files or assigns this
Agreement without SELLER’s prior written consent, then SELLER may elect, upon written notice to
BUYER, to terminate this Agreement and to retain any and all deposits.
39. SEVERABILITY
If this Agreement shall contain any term or provision which shall be invalid, then the remainder of
the Agreement, as the case may be, shall not be affected thereby and shall remain valid and in full
force and effect to the fullest extent permitted by law, provided such term or provision does not
materially affect the obligations of either of the parties nor the essence of the Agreement.
SELLER: ESCROW AGENT:
TOWN OF NANTUCKET TOWN TREASURER
By its Board of Selectmen:
BUYER: Whitney A. Gifford, Trustee of
190 Cliff Road Nominee Trust
______________________________
421073v2/NANT19712/0003
QUITCLAIM DEED
Lot B-1.1, Cliff Road, Nantucket, Massachusetts
The TOWN OF NANTUCKET, a Massachusetts municipal corporation having a
principal place of business at 16 Broad Street, Nantucket, Nantucket County, Massachusetts
acting by and through its Board of Selectmen (the “Grantor”), in consideration of Five Thousand
One Hundred and 00/100 Dollars ($5,100.00), receipt of which is hereby acknowledged,
pursuant to the authority of Article 85 voted upon at 2004 Annual Town Meeting, a certified
copy of which is attached hereto, grants to Whitney A. Gifford, Trustee of 190 Cliff Road
Nominee Trust under Declaration of Trust dated July 21, 2000, filed with the Nantucket
Registry District of the Land Court as Document Number 90166, of 6 Young’s Way, Nantucket,
Massachusetts 02554 (the “Grantee”), with QUITCLAIM COVENANTS, that certain plot of
land shown as Lot B-1.1, Cliff Road, on a plan of land entitled “Plan of Land in Nantucket,
Massachusetts, Scale: 1” = 40’, Date: July 20, 2009, Prepared for: Town of Nantucket,”
prepared by Nantucket Surveyors, LLC recorded with Nantucket County Registry of Deeds as
Plan No. 2009-38. The premises hereby conveyed contains approximately 2,338 square feet of
vacant land (the “Parcel”).
The Grantor’s conveyance of this Parcel is based in part on the Grantee’s warranty and
representation to the Grantor that such Parcel shall be used for residential purposes only and
shall, for all intents and purposes, be combined with and considered as one parcel with the
abutting property previously acquired by Grantee pursuant to the Deed filed with the Nantucket
Registry District of the Land Court as Document Number 90165 shown on Town Assessor’s
Map 40 as Parcel 23, numbered 190 Cliff Road and shown as Lot 34 on Land court Plan 9455-P,
drawn by Essex Survey Service, Inc. Surveyors, dated December 13, 1978 and filed with
Certificate of Title No. 8542 at said Registry District of the Land Court (collectively with the
Parcel, the “Combined Premises”), and that no part of such Parcel or the Combined Premises
shall hereafter be used for non-residential purposes nor divided, subdivided or conveyed as a
separate parcel or parcels, unless prior written permission is granted by the Board of Selectmen
of the Town of Nantucket and such permission is recorded at said Deeds, except if the Grantee
revises the boundary lines between the Grantee’s existing property and their abutter’s property,
provided such change in the boundary lines doers not create additional lots. Accordingly, the
Parcel hereby granted to the Grantee is conveyed subject to permanent restrictions coupled with
a reversionary interest hereby reserved to and held by the Grantor, forever restricting the Parcel
and Combined Premises to residential use, prohibiting the division or subdivision of any portion
of the Combined Premises, and prohibiting the conveyance or use of any portion of the
Combined Premises apart from another portion of the Combined Premises except as provided
above, and automatically effectuating a reversion of the Parcel to the Grantor, if within twenty-
four (24) months of the date of this Deed, the Parcel has not been merged with the Grantee’s
existing property in accordance with the Town of Nantucket By-Laws and statutes. These
restrictions shall run with the title to the Combined Premises, and no part of the Combined
Premises shall be hereafter used, conveyed, divided or subdivided in a manner inconsistent with
these restrictions unless the Grantor, in addition to any other permission required by law, grants
to the Grantee or to all their successors, heirs and assigns, such Grantor’s prior written release for
such use, conveyance, division or subdivision and recorded with said Deeds.
By accepting and recording this Quitclaim Deed, the Grantee expressly agrees to the
Grantor’s reservation of, and otherwise grants to the Grantor, such restrictions on the use of the
Combined Premises. These restrictions shall be enforceable for a term of 200 years from the date
hereof, and all of the agreements, restrictions, rights and covenants contained herein shall be
deemed to be “other restrictions held by any governmental body,” pursuant to G.L. c. 184, §26,
such that the restrictions contained herein shall be enforceable for the term of 200 years and not
be limited in duration by any contrary rule or operation of law. Nevertheless, if recording of a
notice is ever needed to extend the time period for enforceability of these restrictions, the
Grantee hereby appoints the Grantor as its agent and attorney in fact to execute and record such
notice and further agrees that the Grantee shall execute and record such notice upon request.
The undersigned certifies that there has been full compliance with the provisions of G. L.
c. 44 §63A.
No deed stamp taxes are due on this conveyance pursuant to G.L. c. 64D, §1.
For Grantor’s title, see Deed filed with said Registry District of the Land Court as
Document Number 6077 and the Order of the Land Court of the Withdrawal from Registration
dated April 16, 2009 recorded with as said Deeds in Book 1181, Page 192.
EXECUTED under seal this day of , 2011.
TOWN OF NANTUCKET
BY ITS BOARD OF SELECTMEN
Rick Atherton
Whiting Willauer
Patricia Roggeveen
Michael Kopko
Robert DeCosta
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
On this day of , 2011, before me, the undersigned Notary Public,
personally appeared Rick Atherton, Whiting Willauer, Patricia Roggeveen, Michael Kopko and
Robert DeCosta as Members of the Board of Selectmen of the Town of Nantucket, proved to me
through satisfactory evidence of identification, which was personal knowledge of the
undersigned, to be the persons whose names are signed on the preceding or attached document,
and acknowledged to me that they signed it voluntarily for its stated purpose as the free and deed
of the Board of Selectmen of the Town of Nantucket.
Notary Public
My Commission Expires:
439071/NANT19712/0003
QUITCLAIM DEED
Lot B-1.2, Cliff Road, Nantucket, Massachusetts
The TOWN OF NANTUCKET, a Massachusetts municipal corporation having a
principal place of business at 16 Broad Street, Nantucket, Nantucket County, Massachusetts
acting by and through its Board of Selectmen (the “Grantor”), in consideration of Five Thousand
One Hundred and 00/100 Dollars ($5,100.00), receipt of which is hereby acknowledged,
pursuant to the authority of Article 85 voted upon at 2004 Annual Town Meeting, a certified
copy of which is attached hereto, grants to Whitney A. Gifford, Trustee of 190 Cliff Road
Nominee Trust under Declaration of Trust dated July 21, 2000, filed with the Nantucket
Registry District of the Land Court as Document Number 90166, of 6 Young’s Way, Nantucket,
Massachusetts 02554 (the “Grantee”), with QUITCLAIM COVENANTS, that certain plot of
land shown as Lot B-1.2, Cliff Road, on a plan of land entitled “Plan of Land in Nantucket,
Massachusetts, Scale: 1” = 40’, Date: July 20, 2009, Prepared for: Town of Nantucket,”
prepared by Nantucket Surveyors, LLC recorded with Nantucket County Registry of Deeds as
Plan No. 2009-38. The premises hereby conveyed contains approximately 1,695 square feet of
vacant land (the “Parcel”).
The Parcel is conveyed subject to a Driveway Easement shown on said Plan and filed
with the Nantucket Registry District of the Land Court as Document No. 77580.
The Grantor’s conveyance of this Parcel is based in part on the Grantee’s warranty and
representation to the Grantor that such Parcel shall be used for residential purposes only and
shall, for all intents and purposes, be combined with and considered as one parcel with the
abutting properties previously acquired by Grantee pursuant to the Deed filed with the Nantucket
Registry District of the Land Court as Document Number 90165 shown on Town Assessor’s
Map 40 as Parcel 23, numbered 190 Cliff Road and shown as Lot 34 on Land court Plan 9455-P,
drawn by Essex Survey Service, Inc. Surveyors, dated December 13, 1978 and filed with
Certificate of Title No. 8542 at said Registry District of the Land Court and the Deed to Lot B-
1.1, Cliff Road shown on the above-referenced Plan which Deed is recorded with said Deeds
herewith (collectively with the Parcel, the “Combined Premises”), and that no part of such
Parcel or the Combined Premises shall hereafter be used for non-residential purposes nor
divided, subdivided or conveyed as a separate parcel or parcels, unless prior written permission
is granted by the Board of Selectmen of the Town of Nantucket and such permission is recorded
at said Deeds, except if the Grantee revises the boundary lines between the Grantee’s existing
property and their abutter’s property, provided such change in the boundary lines doers not
create additional lots. Accordingly, the Parcel hereby granted to the Grantee is conveyed subject
to permanent restrictions coupled with a reversionary interest hereby reserved to and held by the
Grantor, forever restricting the Parcel and Combined Premises to residential use, prohibiting the
division or subdivision of any portion of the Combined Premises, and prohibiting the conveyance
or use of any portion of the Combined Premises apart from another portion of the Combined
Premises except as provided above, and automatically effectuating a reversion of the Parcel to
the Grantor, if within twenty-four (24) months of the date of this Deed, the Parcel has not been
merged with the Grantee’s existing property in accordance with the Town of Nantucket By-Laws
and statutes. These restrictions shall run with the title to the Combined Premises, and no part of
the Combined Premises shall be hereafter used, conveyed, divided or subdivided in a manner
inconsistent with these restrictions unless the Grantor, in addition to any other permission
required by law, grants to the Grantee or to all their successors, heirs and assigns, such Grantor’s
prior written release for such use, conveyance, division or subdivision and recorded with said
Deeds.
By accepting and recording this Quitclaim Deed, the Grantee expressly agrees to the
Grantor’s reservation of, and otherwise grants to the Grantor, such restrictions on the use of the
Combined Premises. These restrictions shall be enforceable for a term of 200 years from the date
hereof, and all of the agreements, restrictions, rights and covenants contained herein shall be
deemed to be “other restrictions held by any governmental body,” pursuant to G.L. c. 184, §26,
such that the restrictions contained herein shall be enforceable for the term of 200 years and not
be limited in duration by any contrary rule or operation of law. Nevertheless, if recording of a
notice is ever needed to extend the time period for enforceability of these restrictions, the
Grantee hereby appoints the Grantor as its agent and attorney in fact to execute and record such
notice and further agrees that the Grantee shall execute and record such notice upon request.
The undersigned certifies that there has been full compliance with the provisions of G. L.
c. 44 §63A.
No deed stamp taxes are due on this conveyance pursuant to G.L. c. 64D, §1.
For Grantor’s title, see Deed filed with said Registry District of the Land Court as
Document Number 6077 and the Order of the Land Court of the Withdrawal from Registration
dated April 16, 2009 recorded with as said Deeds in Book 1181, Page 192.
EXECUTED under seal this day of , 2011.
TOWN OF NANTUCKET
BY ITS BOARD OF SELECTMEN
Rick Atherton
Whiting Willauer
Patricia Roggeveen
Michael Kopko
Robert DeCosta
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
On this day of , 2011, before me, the undersigned Notary Public,
personally appeared Rick Atherton, Whiting Willauer, Patricia Roggeveen, Michael Kopko and
Robert DeCosta as Members of the Board of Selectmen of the Town of Nantucket, proved to me
through satisfactory evidence of identification, which was personal knowledge of the
undersigned, to be the persons whose names are signed on the preceding or attached document,
and acknowledged to me that they signed it voluntarily for its stated purpose as the free and deed
of the Board of Selectmen of the Town of Nantucket.
Notary Public
My Commission Expires:
439078/NANT19712/0003
SETTLEMENT STATEMENT
Town of Nantucket (“Seller”)
Whitney A. Gifford, Trustee of 190 Cliff Road Nominee Trust(“Buyer”)
Lot B-1.1 Cliff Road, Nantucket, MA (Property)
December 22, 2011 (Closing Date)
Purchase Price: $ 5,100.00
Less:
Deposit $ 255.00
Plus:
Payment in Lieu of Tax Adjustment
(12/22/11-6/30/12) $ 9.55
Reimbursement of Town’s Legal Fees $ 625.00
Net Amount Due Seller: $ 5,479.55
Checks:
Town of Nantucket $ 5,479.55
BUYER: SELLER: TOWN OF NANTUCKET
Whitney A. Gifford, Trustee BOARD SELECTMEN
Of the 190 Cliff Road Nominee Trust
_________________________
________________________
438501v2/NANTYDSALE/0003
SETTLEMENT STATEMENT
Town of Nantucket (“Seller”)
Whitney A. Gifford, Trustee of 190 Cliff Road Nominee Trust(“Buyer”)
Lot B-1.2 Cliff Road, Nantucket, MA (Property)
December 22, 2011 (Closing Date)
Purchase Price: $ 5,100.00
Less:
Deposit $ 255.00
Plus:
Payment in Lieu of Tax Adjustment
(12/22/11-6/30/12) $ 9.55
Reimbursement of Town’s Legal Fees $ 625.00
Net Amount Due Seller: $ 5,479.55
Checks:
Town of Nantucket $ 5,479.55
BUYER: SELLER: TOWN OF NANTUCKET
Whitney A. Gifford, Trustee BOARD SELECTMEN
Of the 190 Cliff Road Nominee Trust
_________________________
________________________
438502v2/NANTYDSALE/0003
GRANT OF EASEMENT
KNOW ALL MEN BY THESE PRESENTS, WE, CARL GEWIRZ and NANCY GEWIRZ,
TRUSTEES of TRISTRAM’S AVENUE REALTY TRUST u/t/d dated July 7, 1995 and
registered as Document No. 68730 at Nantucket Registry District for the Land Court of 7117
Glenbrook Road, Bethesda, Maryland, 20814, the “Grantor”, as a charitable donation, do hereby
GRANT to the Town of Nantucket (the “Town”), a body politic of the Commonwealth of
Massachusetts, having offices at 16 Broad Street, Nantucket, Massachusetts 02554, by and
through its Board of Selectmen, the “Grantee,” with QUITCLAIM COVENANTS, the following
rights, title and interests:
1. A perpetual easement coextensive with and limited to the Easement Area of
Grantor’s Lands. The terms “Easement Area” and “Grantors’ Land,” as well as other terms used
in this Grant of Easement, are defined below in Paragraph 2. The scope of the affirmative
perpetual easement herein granted is more fully defined, limited, and subject to the conditions
and covenants set forth in the following paragraphs.
2. Definitions for the purposes of this Grant of Easement:
“Grantors’ Land” shall mean that land situated in the Town and County of Nantucket,
Massachusetts, at 21 East Tristram Avenue, being more particularly shown as Lot L on Land
Court Plan 12708-B filed with Certificate of Title No. 1987 with said Registry District of the
Land Court.. For Grantors’ title see Certificate of Title No. 22731 filed with said Registry
District of the Land Court.
“coastal bank” shall mean the seaward face or side of any elevated landform, other than
a coastal dune, which lies at the landward edge of a coastal beach, land subject to tidal action, or
other wetland.
“coastal dune” shall mean any natural hill, mound or ridge of sediment landward of a
coastal beach deposited by wind action or storm overwash, including without limitation
vegetated areas of American beach grass or other natural beach plants serving to build dunes in
dune fields between the landward edge of unvegetated sand and the seaward face or side of the
coastal bank. Coastal dune also means sediment deposited by artificial means and serving the
purpose of storm damage prevention or flood control.
“Easement Area” shall mean that part or portion of Grantors’ Land lying inland of the
mean low water line up to and including: (i) the point of lowest elevation of the coastal bank, or
(ii) any coastal dunes to the point where such coastal dunes terminate and the remainder of
Grantors’ Land begins, as the case may be, and as the mean low water line, the coastal bank and
the coastal dunes may exist from time to time. To the extent that erosion, accretion, drifting
sand, avulsion or other natural phenomena alter the mean low water line, the coastal bank or the
coastal dune, the Easement Area shall be deemed correspondingly altered for purposes of this
Grant of Easement. A sketch of the Easement Area as it presently exists is attached hereto as
Exhibit A and incorporated herein by attachment and reference.
“Coastal Conservation Land” shall mean that ocean-front land, contiguous to Grantors’
Land, now or hereafter owned by the Town or by the Nantucket Islands Land Bank, a
government body established for the purpose of land conservation (see, Chapter 669 of the
Massachusetts Acts of 1983, as amended), and held for the purpose of preserving the unique
natural littoral environment of Nantucket for enjoyment by the general public, and for protecting
the scenic and ecological character of the Nantucket shore.
“Commercial Activities” shall mean any activity or event where money is paid to an
individual or business entity for services rendered within the Easement Area. For the purposes
of these regulations, the erection or use of any permanent or temporary structure, kiosk, dock,
mooring, stand, cart, sign for advertisement, or other real or personal property, fixtures, or
equipment primarily for the purpose of, or incidental or accessory thereto, manufacturing,
selling, leasing or otherwise providing from that specific structure or arising from such use any
property, good, product or service, and a Beach Event including 10 (10) or more participants
shall be deemed commercial activity.
“conservation” and “recreation,” and all derivations therefrom, shall have the general
meanings and uses given to those terms by Internal Revenue Code, Section 170(h), and the
regulations promulgated thereunder.
“mean high water line” shall mean the line where the arithmetic mean of the high water
heights observed over a specific 19-year metonic cycle (the National Tidal Datum Epoch) meets
the shore and shall be determined using hydrographic survey data of the National Ocean Survey
of the U.S. Department of Commerce.
“mean low water line” shall mean the line where the arithmetic mean of the low water
heights observed over a specific 19-year metonic cycle (the National Tidal Datum Epoch) meets
the shore and shall be determined using hydrographic survey data of the National Ocean Survey
of the U.S. Department of Commerce.
“intertidal areas” shall mean the area upland of the mean low water line and seaward of
the mean high water line, subject to tidal action.
“Maintenance Obligation” shall mean the ongoing and continuous obligation and duty to
adequately patrol, maintain and police (that is, supervise, clean, and maintain order, but not to be
required to provide regular patrolling by law enforcement officers) protect environmental
resources in accordance with the Nantucket Beach Management Plan as the same may be
amended from time to time and State and local law, and periodically to inspect the Easement
Area.
3. The Grantee and the general public shall have the right to enter upon and use the
Easement Area exclusively for conservation and recreational purposes for which beaches are
used on Nantucket (with the exception of the vehicular uses that are provided in paragraph 4),
but not Commercial Activities. These purposes and uses include, by way of illustration and
without limitation, educational uses, swimming, fishing, surfboarding, snorkeling, sunbathing,
strolling, walking, hiking, wildlife observation, picnicking, scenic viewing, normal and usual
beach recreational activities and games, and other similar or appropriate and reasonable
recreational outdoor activities and uses as the Grantee,, shall determine from time to time,
provided the said similar uses shall have been approved in writing by the Board of Selectmen of
the Town of Nantucket and notice of such approval is duly published in a newspaper of general
circulation in the Town of Nantucket. The Grantee shall regulate the hours and the scope and
nature of the permitted uses and activities in accordance with the Grantee’s standard beach-
management practices in effect for the beaches of Nantucket as found in the Town of Nantucket
Beach Management Plan, as adopted by the Nantucket Board of Selectman June 1, 2005 and
“Regulations for the Use of Town-Owned Beaches”, said regulations effective August 1, 2003 as
amended August 4, 2004 as may be amended from time to time , and further the Grantee may
grant special permits, from time to time, with the prior written approval from the Grantor, for
such other uses and activities and for extended hours, from time to time, as may be provided for
by such duly adopted rules, regulations and/or bylaws. In adopting such rules, regulations and/or
bylaws, and in issuing special permits pursuant thereto, the Grantee (together with any applicable
departments or other divisions, boards, bodies, agencies, officials or agents of the Town) shall
use reasonable efforts to minimize reasonably foreseeable adverse effects of such rules,
regulations and/or bylaws and permits proposed to be issued upon the reasonable peaceful
enjoyment of the Grantors’ Land lying outside the Easement Area and upon the Easement Area
and shall in no event authorize and the Town shall use reasonable efforts to prohibit any
Commercial Activities within the Easement Area.. Notwithstanding the foregoing, no member
of the general public shall have any right to enter upon, travel over or use those portions of the
Easement Area consisting of coastal dunes except with the prior written consent of Grantor(s) or
Grantor(s) heirs, executors, administrators, legal representatives, successors and/or assigns.
Notwithstanding the foregoing, the Town shall have the right to enter upon, travel over or
otherwise use those portions of the Easement Area consisting of coastal dunes as necessary to
perform its Maintenance Obligation.
4. Notwithstanding the uses and activities set forth in paragraph 3 above, the Grantee shall
not allow access and use of recreational vehicles in the Easement Area except as provided for
herein below. Vehicular access and use shall be prohibited subject to such rules, regulations and
bylaws previously adopted by the Grantee and now existing or hereafter adopted by the Grantee
which prohibit vehicular access to Dionis Beach east of the 40th Pole Beach as shown on Exhibit
A attached hereto.. The foregoing sentences shall not limit the official use of vehicles of the
Town, its agencies or other governmental entities.
5. Notwithstanding the provisions of paragraphs 3 and 4 above, all movable or fixed
structures and signage indicating the limits and/or access to the Easement Area shall be
prohibited throughout the Easement Area except that Grantor may erect and maintain steps to
- 3 -
ascend and descend over the coastal bank, and Grantor and/or Grantee may erect or maintain
wire or snow fencing, signage or the like along the seaward edge of the coastal bank as may
reasonably be warranted to protect the coastal bank and coastal dune or any species listed by any
applicable state or federal law or regulation as endangered or threatened so as to advance the
conservation purposes for which this Easement is being granted, without unreasonably
frustrating the recreational purposes of this Easement. If any structure(s) mandated under
applicable state or federal law or regulation frustrate the purposes for which this Grant of
Easement is being granted, such structures may be maintained only for as long as is legally
required and the party that caused such structure(s) to be placed on the Easement Area shall be
responsible for and shall remove such structures(s) within a reasonable period after such time.
6. In addition to any other duties and obligations, the Town shall have the ongoing and
continuous obligation and duty to fulfill its Maintenance Obligation and to reasonably ensure
that persons granted access pursuant to this easement fully comply with Massachusetts, local and
federal laws protecting coastal areas and the use of this beach. Any member(s) of the public who
violate(s) the duly adopted rules, regulations and/or bylaws or who refuse to cease and desist
from any proscribed conduct, acts or omissions to do or perform anything required to conform to
the same may be cited in accordance with said rules, regulations and/or bylaws. The Town may
remove from the Easement Area any individual who violates any said rule, regulation and/or
bylaw. Further, when issuing any permits pursuant to such rules, regulations and/or bylaws, the
Town shall impose such reasonable conditions and restrictions that may be reasonably necessary
to assure the Grantor(s) the reasonable peaceful enjoyment of Grantors’ Land lying outside the
Easement Area.
7. This Grant of Easement shall be binding upon and inure to the benefit of the Grantor(s)
and his/her/their heirs, executors, administrators, legal representatives, successors and assigns
and this Grant of Easement shall be binding upon and inure to the benefit of the Grantee, and the
Town and its successors and assigns. The Town’s successors and assigns shall be entities
eligible to hold qualified conservation restrictions under applicable federal tax law.
8. This Grant of Easement shall be subject to and interpreted pursuant to the laws of the
Commonwealth of Massachusetts, and, to the extent applicable to shorefront property, also
subject to the laws of the United States of America.
9. Rights retained by the Grantor(s) in and to the Easement Area shall be inferior and
incidental to the conservation and recreational use of the Easement Area provided for here, and
shall be valid to the extent consistent with this Grant of Easement, and only if exercised so as not
to impair the conservation and recreational rights and interests conveyed to the Town hereunder.
Said granted and retained rights shall exclude the right to physically alter the Easement Area, by
any manual or mechanical means, in any way that would diminish the conservation and
recreational purposes of this Grant of Easement. The Grantor(s) and the Town shall have the
right to enforce the terms, conditions and provisions hereof by an action in equity brought in the
Nantucket Superior Court of the Commonwealth of Massachusetts, and in no other courts or
jurisdictions, but although the Nantucket Superior Court shall be the initial forum, nothing herein
shall affect or diminish the Town’s or Grantor(s)’ rights to appeal any decision made by such
Court. The Grantor(s) hereby agree(s) that no such action shall be commenced unless and until
- 4 -
the Grantor(s) shall have given thirty (30) days written notice to the Town, itemizing and
detailing with particularity the alleged acts or omissions of the Town deemed to be in material
violation of the terms, conditions and/or provisions hereof. In the event that the Town shall have
substantially cured such material violations and has taken reasonable measures to assure that
uncurable violations shall be avoided in the future, no such actions shall be commenced.
However, in no event shall the Town be liable for any monetary damages based upon a violation
(material or otherwise) hereof.
10. The Grantee has represented to the undersigned Grantor(s) that the Town has taken or
shall promptly take all lawful measures for the Town to accept this Grant of Easement on behalf
of itself and the Grantee and to undertake the Maintenance Obligation provided for herein.
Grantor(s) represent(s) that he/she/they are the rightful lawful owners of the Grantors’ Land and
the Easement Area and that he/she/they possess the legal authority to grant the rights in real
property conveyed to Grantee under this Grant of Easement.
11. No term, covenant or provision of this Grant of Easement, nor the granting or acceptance
hereof, shall be construed to be a waiver or release by Grantee or the Town of any right, title or
interest it may hold relative to the Easement Area, any permanently submerged land, any coastal
dune, any coastal bank or any other land affected by this Grant of Easement.
12. The Grantor shall be absolved from liability claims arising from accidents or injuries
occurring to users of the Easement Area in accordance with the provisions of M.G.L. c 21, §17C
or any revised or replacement statute that affords liability protection which is substantially
similar to that now afforded by M.G.L. c. 21, §17C. Grantor(s) may, in Grantor(s) discretion,
close the Easement Area to public use in the event the landowner liability protection afforded in
M.G.L. c. 21, §17C is repealed or altered in a manner which materially increases, in Grantor(s)
reasonable opinion, Grantor(s) potential liability to public users of the Easement Area, and
provided (a) no other statue or law affords Grantor(s),liability protection which is substantially
similar to that now afforded by M.G.L. c. 21, §17C; or (b) Grantee elects not to provide
reasonable insurance coverage or otherwise agrees to hold Grantor harmless against potential
liability to public users of the Easement Area, except for liabilities directly caused by or arising
from Grantor(s)’ gross negligence or willful misconduct. Upon the effective date of another
statute or law affording to Grantor(s), in Grantor(s)’ counsel’s reasonable opinion, with liability
protection substantially similar to that now afforded by M.G.L. c. 21,§17C, or Grantee agreeing
to provide reasonable insurance coverage or to otherwise hold Grantor harmless against potential
liability to public users of the Easement Area (except for liabilities directly caused by or arising
from Grantor(s)’ gross negligence or willful misconduct), then Grantor(s) shall promptly open
for public use all portions of the Easement Area then closed to the public. The Town shall use
reasonable efforts not to compromise in any way the liability protection now afforded to
Grantor(s) by M.G.L. c. 21, §17C or any revised or replacement statute that affords liability
protection which is substantially similar to that now afforded by M.G.L. c. 21, §17C.
13. Grantor(s) and the Town shall not use the Easement Area in any manner detrimental to
the Easement Area or inconsistent with the purpose of this Grant of Easement.
- 5 -
14. Any notices or deliveries required or permitted to be given to the Town pursuant to this
instrument shall be in writing and delivered to the Board of Selectmen at Town and County
Building, 16 Broad Street, Nantucket, Massachusetts 02554. Any notices or deliveries required
or permitted to be given to Grantor(s) pursuant to this instrument shall be in writing and
delivered to Grantor at 7117 Glenbrook Road, Bethesda, Maryland 20814. All such notices shall
be delivered by registered or certified mail, postage prepaid and receipt required, or overnight
express courier with receipt required. Either the Town or the Grantor(s) may change its address
to which any notice is to be delivered by providing the other with reasonable notice of such new
address in one of the manners specified above.
[Signatures Follow On Next Page]
- 6 -
In witness whereof, the undersigned Grantor(s), intending to be legally bound hereby, has/have
affixed his/her/their hand(s) and seal(s) this _______ day of __________________, 2011.
GRANTOR(S):
TRISTAM’S AVENUE REALTY TRUST
______________________________________
Carl Gewirz, as Trustee
______________________________________
Nancy Gewirz, as Trustee
COMMONWEALTH OF MASSACHUSETTS
Nantucket County, ss
On this ______ day of _______________________________, before me, the undersigned notary
public, personally appeared _______________________________________, proved to me
through satisfactory evidence of identification, which was photographic identification with
signature issued by a federal or state governmental agency, oath or affirmation of a credible
witness, personal knowledge of the undersigned, to be the person(s) whose name is signed on
the preceding or attached document, and acknowledged to me that he/she/they signed it
voluntarily for its stated purpose.
Notary Public
My commission expires:
- 7 -
COMMONWEALTH OF MASSACHUSETTS
Nantucket County, ss
On this ______ day of _______________________________, before me, the undersigned notary
public, personally appeared _______________________________________, proved to me
through satisfactory evidence of identification, which was photographic identification with
signature issued by a federal or state governmental agency, oath or affirmation of a credible
witness, personal knowledge of the undersigned, to be the person(s) whose name is signed on
the preceding or attached document, and acknowledged to me that he/she/they signed it
voluntarily for its stated purpose.
Notary Public
My commission expires:
- 8 -
ACCEPTANCE BY THE TOWN OF NANTUCKET
The undersigned, constituting a majority of the Town of Nantucket Board of Selectmen,
hereby acknowledge that at a meeting of the Board of Selectmen held on _____________,
2011, the forgoing Grant of Easement was accepted pursuant to the authority of Article 118 of
the Annual Town Meeting held April 8, 2008, and Section 3.3 of Chapter 289 of the 1996 Acts
of the General Court, pursuant to which we have directed publication of notice regarding this
acceptance.
TOWN OF NANTUCKET
By its Board of Selectmen
____________________________________
Rick Atherton
____________________________________
Whiting Willauer
____________________________________
Patricia Roggeveen
____________________________________
Michael Kopko
____________________________________
Robert DeCosta
- 9 -
COMMONWEALTH OF MASSACHUSETTS
Nantucket County,ss
On this _______ day of ________________________________, before me, the
undersigned notary public personally appeared, Rick Atherton, Whiting Willauer, Patricia
Roggeveen, Michael Kopko and Robert DeCosta, as members of the Board of Selectmen of the
Town of Nantucket, and proved to me through satisfactory evidence of identification, which was
personal knowledge of the undersigned, to be the persons whose names are signed on the
preceding document, and acknowledged to me that they signed it voluntarily for its stated
purpose as the free act and deed of the Board of Selectmen of the Town of Nantucket.
____________________________________
Notary Public
My Commission Expires:
437387v4/NANT19713/0001
- 10 -
MMAARRIINNEE && CCOOAASSTTAALL RREESSOOUURRCCEESS DDEEPPAARRTTMMEENNTT
TTOOWWNN OOFF NNAANNTTUUCCKKEETT TTAARRAA RRIILLEEYY,, SSHHEELLLLFFIISSHH BBIIOOLLOOGGIISSTT
3344 WWAASSHHIINNGGTTOONN SSTTRREEEETT ((550088)) 995588--22115522
NNAANNTTUUCCKKEETT,, MMAA 0022555544 FFAAXX:: ((550088)) 332255--55338888
TRILEY@NANTUCKET-MA.GOVTRILEY@NANTUCKET-MA.GOV
December 9, 2011
Dear Board of Selectmen:
This letter is in support of Simon Edwardes obtaining a 2 acre parcel in Pocomo Meadows for
the purpose of shellfish aquaculture. Mr. Edwardes has been actively growing oysters for the
past two years. The town has previously used these two acres for oyster growth studies and it
has been determined that this location meets the criteria approved by the DMF for aquaculture
and is an optimal location for oyster grow-out.
Since Mr. Edwardes has started his aquaculture endeavor, he has complied with all the rules
and regulations, turned in timely detailed reports, and shared his oyster growth data with myself
so that I can have an idea of how a particular area promotes shellfish growth on a commercial
scale. This is information that has not been volunteered by any other grant holder.
Mr. Edwardes has also made enormous contributions to the town’s propagation program:
In 2011,
1. He rebuilt our floating upweller system donating both time and materials.
2. Provided oyster grow-out bags for the town’s use and built sieving units necessary for
weekly oyster seed maintenance
In 2012,
1. Helped with severe storm preparations involving securing the town’s seed in the harbor
and at the boathouse
2. He is helping to assemble algae cages for the new system at the boathouse and
building the bases with donated materials.
3. He is caring for the town’s overwintered oysters while the shellfish biologist is on a
“leave of absence”.
4. He will be assembling 20 oyster grow-out cages for the town’s use in 2012 using his
personal time.
Mr. Edwardes has agreed to continue helping out the Town of Nantucket’s Propagation
Program through helping to grow out hatchery produced seed from the boathouse on his lease
for the town’s experiment scheduled for 2012. As the shellfish biologist, I fully support Mr.
Edwardes efforts and collaborations with the town. I wish we had more grant holders like him.
I would also like to remind the board that there are only 46 acres in Nantucket Harbor that are
pre-approved for aquaculture---that’s less than 1% of the total acreage of the harbor. It is very
difficult to get new areas approved due to our great habitat. Shellfish aquaculture is great for
water quality, education, and promotes local Nantucket seafood products. Mr. Edwardes a
model applicant for what we are looking for in the aquaculture grant program.
Sincerely,
Tara Riley
Harbor and Shellfish Advisory Board
Town of Nantucket
Chair: Dr. Peter Boyce
December 9, 2011
To: Board of Selectmen
From: Peter Boyce, Chair
Harbor and Shellfish Advisory Board
Subject: Aquaculture Lease for Simon Edwardes
At its meeting of November 15th, Mr. Edwardes appeared before the Harbor and Shellfish
Advisory Board and presented his application for a two acre aquaculture lease in the area known
as Pocomo Meadows. This area is primarily used for oyster cages that sit on the bottom, in
contrast to the aquaculture area in the Head of the Harbor, which is used for floating oyster
cages, and is unsuitable for bottom cages. Mr. Edwardes already has a lease in the Head of the
Harbor, so this would be an additional lease, and would give Mr. Edwardes the opportunity to try
the bottom cage technique. The Board reviewed and unanimously recommended that you
approve Simon Edwardes’ application.
Mr. Edwardes has worked hard to make use of the lease he has in the Head of the Harbor. But
more than that, he has become a shining example of cooperation between a shellfish farmer and
the Town. Mr. Edwardes has given a large number of hours helping the hatchery operation. He
has, at his expense, entirely rebuilt one of the Town’s Floating Upweller docks (known as a
FLUPSY), as well as helped with other general repairs. This winter, we understand he will be
constructing the new flow-through algae growing system while Ms. Riley is away.
In addition, Mr. Edwardes is collaborating with Tara Riley in an experiment to determine the
difference in growth rate of diploid and triploid oysters. The diploid oysters are the normal
oysters which can reproduce. The triploid oysters do not reproduce and consequently put all their
energy into growth instead of reproductive activity, producing a larger oyster in a shorter time. If
this works as expected, everyone will benefit from this improved oyster.
We understand that Mr. Edwardes has also agreed informally to provide space within his lease
for any experimental cages that the Town might need in the future, as well as hosting the growth
experiment mentioned above.
In short, Mr. Edwardes has given his time and expertise to the Town in return for his current
aquaculture lease. This is the type of mutually beneficial arrangement that our Board would like
to see more of. We hope you will agree, and will approve Mr. Edwardes’ application for this
additional aquaculture lease.
2012 ANNUAL LIQUOR LICENSE RENEWALS Effective January 1 - December 31, 2012License #CategoryBusiness NamedbaContactMailing AddressPremisesTownStZip1076200002Club/All AlcoholNantucket Golf Management Inc. Miacomet GolfAlan Costa12 W Miacomet Rd12 W Miacomet RdNantucketMA025542076200003Restaurant/All AlcTwenty Broad Street LLCDuneMichael Getter20 Broad St20 Broad StNantucketMA025543076200011Restaurant/All AlcBoxontherock LLCThe Chicken BoxJohn Jordin (Lori Fox, BMg16 Dave St16 Dave StreetNantucketMA25544076200035Club/All AlcoholNantucket Anglers Club IncNantucket Anglers ClubBonnie Brooks1 New Whale St 1 New Whale StNantucketMA025545076200039Club/All AlcoholSidney & Robert Henderson/Post 8608VFW Post 8608 Arnold PatersonPO Box 94122 Bunker RdNantucketMA025546076200040Club/All AlcoholSankaty Head Golf Club Inc Sankaty Head Golf ClubRobert KuratekPO Box 293100 Sankaty AveSiasconsetMA025647076200042Restaurant/All AlcCy's LLCCy's Lobster PotScott Corry15 S Water St15 S Water StNantucketMA025548076200053Restaurant/All AlcMingo CorporationThe MuseMichael O'ReillyPO Box 254944 Surfside RdNantucketMA025849076200055Club/All AlcoholByron L Sylvaro Post 82 Am Legion IncAmerican Legion Post 82Callie PearcePO Box 26521 Washington StNantucketMA0255410076200064Package/All AlcoholJ&B Nantucket IncOld South LiquorsManjur Elahi2 Lover's Ln2 Lovers LaneNantucketMA0255411076200065Package/All AlcoholMurray's Beverage Store IncMurray's Beverage StoreDavid MurrayPO Box 188223 Main StNantucketMA0255412076200066Package/All AlcoholThe Islander IncThe IslanderPaula Driscoll15 Old South Road (2-26-10)15 Old South RoadNantucketMA0255413076200067Package/All AlcoholButnell CorporationHatch'sJudith C Brownell133 Orange St133 Orange StNantucketMA0255414076200082Restaurant/All AlcNantucket Restaurant Management CorpThe Faregrounds RestaurantKimberly Puder27 Fairgrounds Rd27 Fairgrounds RdNantucketMA0255415076200084Restaurant/All AlcBlazeworks IncPi PizzeriaMaria Costanza MarleyPO Box 143511 West Creek RdNantucketMA0255416076200086Restaurant/All AlcNantucket Regal Group LLCCrosswindsChristopher Skehel14 Airport Rd, Unit 4Nantucket Memorial AirportNantucketMA0255417076200091Restaurant/All AlcTanker IncSeagrille RestaurantRobin Harvey45 Sparks Ave45 SparksNantucketMA0255418076200096Package/All AlcoholALM Sprits IncNantucket Wine & SpiritsMary F WalshPO Box 1137Sparks Ave/S&S ComplexNantucketMA0255419076200116Club/All AlcoholMaddequet Admiralty AssociationMaddequet AdmiraltyThomas EricksenAttn: Assessor's Office16 Broad StreetNantucketMA0255420076200118PackageWineMaltLucky CorporationLucky ExpressPatama Thairatana13 West Creek Rd13 West Creek RdNantucketMA0255421076200120Restaurant/All AlcOrbrieo IncFifty-Six UnionWendy Clinton-JannellePO Box 282456 Union StNantucketMA0258422076200122Restaurant/All AlcR J Diamond IncA K Diamond'sRichard Diamond16 Macy Lane16 Macy LaneNantucketMA0255423076200129Club/All AlcoholNantucket Golf Club IncNantucket Golf ClubThomas BrissettePO Box 313250 Milestone RdSiasconsetMA0256424076200133Restaurant/All AlcMad Jam IncBamboo Supper ClubShannon S Haddon2 Chin's Way2 Chin's WayNantucketMA0255425076200143Package Wine MaltBrooklyn Books IncAnnye's Whole FoodsNancy Camara14 Amelia Drive14 Amelia DrNantucketMA0255426076200150Restaurant/Wine MaltRobert H NollSophie T's PizzaRobert H Noll7 Daves St7 Daves StNantucketMA0255427076200154Restaurant/All AlcFour West Creek LLCKitty Murtagh's John Gately4 West Creek Rd 4 West Creek RdNantucketMA0255428076200159Package/Wine MaltCowboy's Meat & Delicatessen LLCCowboy'sLaura Ann McCloskeyPO Box 3377B Bayberry CourtNantucketMA0255429076200162Restaurant/All AlcIsland Event Services LLCStarlight Theatre & CaféMark Watson1 North Union St1 North Union StNantucketMA0255430076200164Restaurant/All AlcThe Brotherhood of Thieves Restaurant MgmtThe Brotherhood of ThievesJeffrey Lee KnabPO Box 38823 Broad StNantucketMA0255431076200167Restaurant/All AlcEGB Enterprises IncThe Rose and CrownRick UlmerPO Box 116723 S Water StNantucketMA0255432076200171Restaurant/All AlcMcGill Company IncThe Hen HouseMichael Gillies1 Chin's Way1 Chin's WayNantucketMA0255433076200173Restaurant/All AlcQueequeg LLCQueequeg'sCaroline Montgomery4 West Creek Rd 6 Oak StNantucketMA0255434076200175Restaurant/All AlcLola 41 Restaurant LLCLola 41Marco CoelhoPO Box 524115 S Beach StNantucketMA0255435076200181Package/Wine MaltNantucket Trading Post Inc.Nantucket Trading PostJohn F Trudel III12 Nobadeer Farm Rd12 Nobadeer Farm RdNantucketMA0255436076200184FarmerDistillerPourPermTriple Eight Distillery LLCTriple Eight DistilleryDean Long5 Bartlett Farm Rd5 Bartlett Farm RdNantucketMA0255437076200185FarmerWineryPourPermiNantucket VineyardNantucket VineyardDean Long5 Bartlett Farm Rd5 Bartlett Farm RdNantucketMA0255438076200186FarmerBrewerPourPermCisco Brewers, Inc.Cisco BrewersC. Randolph Hudson5 Bartlett Farm Rd5 Bartlett Farm RdNantucketMA0255439076200194Restaurant- All AlcFish In The Spread LLC12 Degrees EastSara Balloffet12 Cambridge St9 Pine Grove LaneNantucketMA0255440076200195Restaurant/All Alc85 Ellis Island LLCFusaro'sThomas FusaroPO Box 332717 Old South RdNantucketMA0258441076200196Restaurant/All AlcROCO LLCPazzoKate Marie AmodioPO Box 5241130 Pleasant StNantucketMA02554Rev. 120711
2012 LOCAL ENTERTAINMENT LICENSESEffective January 1 - December 311, 2012BUSINESS NAMEDBAMANAGERADDRESSMAILING ADDRESSTOWNSTATEZIP CODE01Byron L Sylvano Post 82American Legion, Inc. Callie Pierce23 Washington StPO Box 265NantucketMA0255402Mad Jam, Inc.Bamboo Supper ClubShaddon Haddon2 Chin's Way2 Chin's WayNantucketMA0255403BOT Restaurant Mgmt GroupBrotherhood of ThievesJeffrey Lee Knab23 Broad StPO Box 388NantucketMA0255404Fish in the Spread LLC 12 Degrees EastJonas Baker 12 Cambridge St9 Pine Grove RdNantucketMA0255405CJ Roche, Inc.Cap'n Tobey's Chowder HouseChristopher Roche20 Straight Wharf20 Straight WharfNantucketMA0255406The Chanticleer LLCThe ChanticleerSusan Handy9 New StPO Box 1048SiascosetMA0256407Boxontherock LLCThe Chicken BoxLori Fox16 Dave St16 Dave StNantucketMA0258408Sturgis Restaurant LLCBrick House BistroMichael Sturgis29 Broad St29 Broad StNantucketMA0255409Island Gourmet, Inc.The Club CarJoseph Pantorno1 Main StPO Box 1852NantucketMA0255410Nant Restaurant Mgmt Corp.Faregrounds RestaurantKimberly Puder27 Fairgrounds Rd27 Fairgrounds RdNantucketMA0255411Silva Rest Mgmt Group, Inc.The Galley at CliffsideGeoffrey Silva54 Jefferson AvePO Box 809NantucketMA0255412Joseph V. Arno (New)Easy StreetJoseph V. Arno31 Easy Street31 Easy StreetNantucketMA0255413Nant Island Management LLCJared Coffin HouseJames Storey29 Broad StPO Box 1139NantucketMA0255414Jetties Beach, Inc.The JettiesMarshall Thompson4 Bathing Beach Rd40 Main StNantucketMA02554154 West Creek LLCKitty Murtagh'sJohn Keane4 West Creek Rd4 West Creek RdNantucketMA0255416Andre Associates LLCThe Summer HousePeter Karlson17 Ocean Ave/1 MagnoliaPO Box 880SiasconsetMA0256417Moor's Inc.Miacomet GolfAlan J. Costa12 W. Miacomet Rd12 W. Miacomet RdNantucketMA0255418Mingo CorporationThe MuseMichael O'Reilly44 Surfside RdPO Box2549NantucketMA0258419Nantucket Anglers Club, Inc.Nantucket Anglers ClubBonnie Brooks1 New Whale St1 New Whale StNantucketMA0255420Finch Group Hotels & Resorts, IncThe Nantucket InnScott Thomas1 Miller's Way1 Miller's WayNantucketMA0255421Nantucket Yacht Club, Inc.Nantucket Yacht ClubPeter McEachern1 South Beach StPO Box 667NantucketMA0255422EGB Enterprises, Inc. The Rose and CrownRick Ulmer23 S Water StPO Box 1167NantucketMA0255423Siasconset Casino AssociationSiasconset CasinoMichael Coleman10 New StPO Box315SiasconsetMA0256424Fish In The SpreadSlip 14Jonas Baker14 Old South Rd9 Pine Grove RdNantucketMA0255425Island Events Services LLCStarlight Theatre & CaféMichael Watson1 N. Union St1 N. Union StNantucketMA0255426Beachside Associates LLCSummer House BeachsideBistroPeter Karlson16 Ocean AvePO Box 880SiasconsetMA0256427Nant Island Management LLCThe WauwinetEric Landt120 Wauwinet RdPO Box 1139NantucketMA0255428Westmoor Club Mgmt LLLCThe Westmoor ClubBrent Tartamella10 Westmoor Lane10 Westmoor LaneNantucketMA0255429Nant. Island Management LLCWhite Elephant/Brant Pt GrillBettina Landt50 Easton StPO Box 1139NantucketMA0255430Nantucket Regal Group LLCCrosswinds Christopher Skehel14 Airport Rd 14 Airport RdNantucketMA0255431Sankaty Head Beach ClubSankaty Head Beach ClubRobert Kuratek100 Sankaty RdPO Box 293SiasconsetMA0255432Sankaty Head Golf ClubSankaty Head Golf ClubRobert Kuratek100 Sankaty RdPO Box 293SiasconsetMA0256433Lola 41 Restaurant LLCLoLa 41Marco Coelho15 South Beach StPO Box 5241NantucketMA0255434ROCO LLCPazzoMarco Coelho130 Pleasant StPO Box 5241NantucketMA0255435Ropewalk Inc.The RopewalkJoseph Pantorno1 Straight WharfPO Box 1852NantucketMA0255436Great Harbor Yacht Club LLCG H Yacht Club Donald Kolp96 Washington St96 Washington StNantucketMA0255437Hither Creek LLCMillie'sChristopher Cochran326 Madaket RdPO Box 2835NantucketMA0258438La Sirena LLC (New for 2009)Corazon del MarJane Stoddard21 South Water StPO Box 898NantucketMA0255439Orbrieo, Inc.Fifty Six UnionWendy Jannelle56 Union StPO Box 2824NantucketMA0258440Cisco Brewers Inc. Cisco BreweryRandy Hudson5 Bartlett Farm Rd5 Bartlett Farm RdNantucketMA0255441Queequeg LLCQueequeg'sCaroline Montgomery6 Oak St4 West Creek RdNantucketMA0255442Larry B. WheldenNantucket Lobster TrapAlex Whelden23 Washington StPO Box 388NantucketMA0255443Boarding House, Inc. Boarding House/The PearlAngela Raynor12 Federal StPO Box 898NantucketMA02554
2012CV LICENSES BY DBA (DOING BUSINESS AS)Effective January 1 - December 31, 2012Nodba Business NamePremisesTownStZipContactMail AddressTownStZip1VentunoVentuno LLC21 Federal StNantucketMA02554Scott A. Fraley21 Federal StNantucketMA025542AK Diamond'sRJ Diamond, Inc16 Macy LaneNantucketMA02554Richard Diamond16 Macy LaneNantucketMA025543Fusaro's Ellis Island LLC17 Old South RdNantucketMA02554Thomas FusaroPO Box 3327NantucketMA025844American Season's RestaurantAmerican Season's Corp80 Centre StNantucketMA02554Michael LaScolaPO Box 246NantucketMA025545Cy's Lobster PotCy's LLC15 S Water StNantucketMA02554Scott Corry15 S Water StNantucketMA025546Aunt Leah's FudgeNantucket T-Shirt CoStraight WharfNantucketMA02554Leah BayerPO Box 981 NantucketMA025547Bamboo Supper ClubMad Jam, Inc2 Chin's WayNantucketMA02554Shannon Haddon2 Chin's WayNantucketMA025548Bartlett's Ocean View Farm, IncBartlett's Ocean View Farm33 Bartlett Farm RdNantucketMA02554John Bartlett33 Bartlett RdNantucketMA025549Bean TheWesley Van Cott29 Centre StNantucketMA02584Wesley Van CottPO Box 2977NantucketMA0258410GH Yacht Club (Sailing Center)Greay Harbor Yacht Club, Inc96 Washington St NantucketMA02564Michael Mooney96 Washington St NantucketMA0255411Black Eyed Susan'sBlack Eyed Susan's, Inc10 India StNantucketMA02554Susan H Handy PO Box 1048NantucketMA0255412Lo La 41Lola 41 Restaurant LLC15 S Beach StNantucketMA02584Marco CoelhoPO Box 5241NantucketMA0258413Boarding House, The/PearlBoarding House, Inc12 Federal StNantucketMA02554Angela RaynorPO Box 1014NantucketMA0255414Brotherhood of Thieves, TheThe Brotherhood of T Rest Mgmt GroupLLC23 Broad StNantucketMA02554Jeffrey Lee Knab23 Broad StNantucketMA0255415Mark-et Fine Foods & BakeryMark-et Fine Foods & Bakery147 Orange StNantucketMA02554Mark YellePO Box 2780Nantucket, MA0258416Capn Tobey's Chowder HouseNantucket Island Products Company20 Straight WharfNantucketMA02554Christopher Roche20 Straight WharfNantucketMA0255417Centre Street BistroComfort Cuisine Corp29 Centre StNantucketMA02554Ruth Callahan Pitts29 Centre StNantucketMA0255418Chicken Box, TheBoxontherock LLC16 Dave StNantucketMA02584Lori Fox16 Dave StNantucketMA025841912 Degrees East Fish in the Spread LLC12 Cambridge StNantucket MA02554Jonas Baker9 Pine Grove RdNantucketMA0255420DuneTwenty Boad Street LLC20 Broad StNantucketMA02554Michael Getter20 Broad StreetNantucketMA0255421Claudette's Food & ServicesJohn P PearlSconset SiasconsetMA02564John P PearlDrawer D-24SiasconsetMA0256422Club Car, TheIsland Gourmet Inc1 Main StNantucketMA02554Joe PantornoPO Box 1852NantucketMA0255423Company of the CauldronAllen Kovalencik5 India StNantucketMA02554Allen KovalencikPO Box 835NantucketMA0255424Brick House BistroSturgis Restaurant LLC29 Broad StNantucketMA02554Michael SturgisPO Box 1310NantucketMA0255425Cook's Sidewalk CaféDwight Holmes6 S Beach StNantucketMA02554Dwight Holmes6 S Beach StNantucketMA0255426FreshFish Stix LLC3 Salem StNantucketMA02554Josh Harde3 Salem St NantucketMA0255427Dupree and CompanyDupree and Company LLC7 Old South WharfNantucketMA02554William Ethan Dupree18 Kittiwake LaneNantucket MA0255428DeMarco RestaurantDonald DeMarco9 India StNew YorkNY10021Donald DeMarco240 E 79th St, Suite 2ANew YorkNY1002129Downyflake Restaurant, TheBig Daddy Donuts Inc18 Sparks AveNantucketMA02554Susan TatePO Box 1302NantucketMA0255430Slip 14Fish in the Spread LLC14 Old South WharfNantucketMA02554Jonas Baker9 Pine Grove LaneNantucketMA0255431Espresso To Go Chez Dion et Fils, Inc.1 Toombs CourtNantucketMA02584Terri DionPO Box 3278NantucketMA0258432Faith'sSeafoodShackatRotaryFaith's Seafood Shack Nantucket LLC1 Sparks AveNantucketMA02554James A Shephard1 Sparks AveNantucketMA0255433Faregrounds RestaurantNantucket Restaurant Management Corp.27 Fairgrounds RdNantucketMA02554Kimberly Puder27 Fairgrounds RdNantucketMA0255434Fifty Six Union Orbrieo Inc56 Union St NantucketMA02584Wendy Clinton JanellePO Box 2824NantucketMA0258435Fog Island CaféFog Island Café Inc7 S Water StNantucketMA02554Mark Dawson7 S Water StNantucketMA0255436Foood for Here & ThereFooods Inc149 Orange StNantucketMA02554Rick Ulmer149 Orange StNantucketMA0255437G H Yacht Club (Club House)Great Harbor Yacht Club, Inc.96 Washington St NantucketMA02554Michael Mooney96 Washington St NantucketMA0255438Galley at Cliffside, The Silva Restaurant Mgmt Inc54 Jefferson AveNantucketMA02584Geoffrey SilvaPO Box 809NantucketMA0255439LoLa BurgerLola Burger LLC10A Broad StNantucketMA02554Marco CoelhoPO Box 5241NantucketMA0255440Hen House, The MGill Co Inc1 Chin's WayNantucketMA02554Michael Gillies1 Chin's WayNantucketMA0255441Henry's JrHenry's Jr Inc127 Orange St (New)NantucketMA02554Sydney Fee Barsanti127 Orange StNantucketMA0255442Easy Street CantinaBart Gangemi1 Broad StNantucketMA02584Bart GangemiPO Box 2395NantucketMA0258443CrosswindsNantucket Regal Group LLCNan Memorial AirportNantucketMA02554Christopher Skehel14 Airport Rd Unit #4NantucketMA0255444The JettiesJetties Beach Inc.4 Bathing Beach RdNantucketMA02554Marshall Thompson40 Main StNantucketMA0255445Nantucket Trading PostNantucket Trading Post12 Nobadeer Farm RdNantucketMA02554John Trudel12 Nobadeer Farm RdNantucketMA0255446The Juice BarHomemade Island Ice CreamNantucketMA02554Richard LeFebvrePO Box 458 NantucketMA0255447Kitty Murtagh'sFour West Creek LLC4 W Creek RdNantucketMA02554John Keane4 W Creek RdNantucketMA0255448Lobster Trap, The Larry B Whelden23 Washington StNantucketMA02554Larry WheldonPO Box 388NantucketMA02554No dba Business Name PremisesTownStZip Contact Mail Address49Nuccis Italian Ice and GelatoNuccis Italian Ice and GelatoChildren's BeachNantucketMA02554Patricia Hainey10 Helens DriveNantucketMA0255450Miacomet GolfNantucket Golf Management, Inc. 12 W Miacomet AveNantucketMA02554Alan J. Costa12 W Miacomet AveNantucketMA0255451Muse, TheMingo Corp44 Surfside RdNantucketMA02584Michael O'ReillyPO Box 2549NantucketMA0258452Nantucket Angler's ClubNantucket Angler's Club Inc1 New Whale StNantucketMA02554Bonnie Brooks1 New Whale StNantucketMA0255453Centre St Mkt & Bakery LLCPetticoat Row Bakery35 Centre StNantucketMA02554Donald & Tiina PolverePO Box 607NantucketMA0255454Nantucket Bake ShopNantucket Bake Shop79 Orange StNantucketMA02554Jay DetmerPO Box 539NantucketMA0255455Nantucket Golf ClubNantucket Golf Club Inc.250 Milestone RdSiasconsetMA02564Thomas BresettePO Box 313SiasconsetMA0256456Nantucket GourmetNantucket Gourmet Guys Inc4 India StNantucketMA02554Michael Fleischut4 India StNantucketMA0255457Old South Market & DinerGary Roy57 Old South RdNantucketMA02584Gary RoyPO Box 2571NantucketMA0258458Oran Mor BistroOran Mor Bistro LLC2 South Beach StNantucketMA02554Christopher Freeman2 South Beach StNantucketMA0255459Walters Dreadlock Holidays Inc10A Broad StNantucketMA02554David Buchmann 10A Broad StreetNantucketMA0255460ProvisionsGabriel Frasca & Amanda Lydon 3 Harbor SquareNantucketMA02554Gabriel Frasca54 Carolina Ave Unit 2Jamaica PlainMA02130
61Queequeg's - TownQueequeg LLC6 Oak StNantucketMA02554Caroline Montgomery4 West Creek RdNantucketMA0255462The RopewalkThe Ropewalk Inc1 Straight WharfNantucketMA02554Joe PantornoPO Box 1852NantucketMA0255463The Rose & CrownEGB Enterprises Inc23 S Water StNantucketMA02554Rick UlmerPO Box 1167NantucketMA0255464Sankaty Head Golf ClubSankaty Head Golf Club Inc100 Sankaty AveSiasconsetMA02564Robt KuratekPO Box 293SiasconsetMA0256465Sankaty Head Beach ClubSankaty Head Beach Club Inc100 Sankaty AveSiasconsetMA02564Robt KuratekPO Box 293SiasconsetMA0256466Sayles SeafoodCharles Sayle99 Washington StNantucketMA02554Charles SaylesPO Box 1062NantucketMA0255467Cliffside Beach ClubCliffside Beach, Inc46 Jefferson AveNantucketMA02554David C. Silva16 Helens DriveNantucketMA0255468The Sconset CaféRolf NelsonPost Office SquareNantucketMA02554Rolf Nelson40 Hop Brook RdAmherstMA0100269Sconset MarketMark Donato4 Main StSiasconsetMA02564Mark DonatoPO Box 19SiasconsetMA0256470The Sea GrilleTanker Corp45 Sparks AveNantucketMA02554Robin Harvey45 Sparks AveNantucketMA0255471PazzoROCO LLC130 Pleasant StNantucketMA02554Kate M. AmodioPO Box 5241NantucketMA0255472The GreenGreen Gull LLC l5 West Creek RdNantucketMA02554Jenny BencePO Box 1340NantucketMA0255473The Soda Fountain (Nant Pharm)Peter Van Dinstee45 Main St (Nant Phar)NantucketMA02554Peter Van DinsteePO Box 1056NantucketMA0255474Something NaturalSomething Inc50 Cliff RdNantucketMA02554Matt Fee50 Cliff RdNantucketMA0255475Sophie T's PizzaRobert Noll7 Daves StNantucketMA02554Robt Noll7 Daves StNantucketMA0255476Star's Ice CreamStraight Wharf Fish Store 5 Harbor SquareEdgartownMA02539Walter SudowskiRR1 Box 374EdgartownMA0253977Steamboat Wharf PizzaAlan CunhaBroad StreetNantucketMA02554Alan CunhaPO Box 1829NantucketMA0255478Straight Wharf RestaurantStraight Wharf Restaurant Inc6 Harbor SquareNantucketMA02554Amanda Lydon17 Oakdale St-54 Carolina AJamaica PlainMA0213079Stubby's Dreadlock Holidays Inc8 Broad StNantucketMA02554Roger Cabot26 Okorwaw AveNantucketMA0255480Surfside Beach ExpressSurfside Beach Snack Bar4 Western AveNantucketMA02554Jeffrey BallardPO Box 2985 (New)NantucketMA0258481Summer House Beachside BistroBeachside Associates LLC16 Ocean AveSiasconsetMA02564Terrence CullinanPO Box 880SiasconsetMA0256482Sushi by YoshiDonald Noyes2 E Chestnut StNantucketMA02554Donald Noyes2 E Chestnut StNantucketMA0255483A Taste of NantucketKimberly Read19 Boynton LnNantucketMA02584Kimberly ReadPO Box 2875NantucketMA0258484The TavernMidish CorpStraight WharfNantucketMA02554Luke TedeschiPO Box 388NantucketMA0255485Corazon del MarLa Sirena LLC21 S Water StNantucketMA02554Jane StoddardPO Box 898NantucketMA0255486Pi PizzeriaBlazeworks LLC11 W Creek RdNantucketMA02554Maria CostanzoPO Box 1435NantucketMA0255487Nantucket Ice CreamStraight Wharf Ice Cream, Inc. 44 Straight WharfNantucketMA02554Michael CampbellNIR 44 Main St or PO3828NantucketMA02554/0258488Annye's Whole FoodsBrooklyn Books Inc14 Amelia DrNantucketMA02554Nancy Camara14 Amelia DrNantucketMA0255489Carolina's Mini MartEsmeralda Tejada3 Hannabee LaneNantucketMA02554Esmeralda Tejada3 Hannabee LaneNantucketMA0255490Westmoor ClubWestmoor Club Management LLC10 Westmoor LaneNantucketMA02554Brent Tartamella10 Westmoor LaneNantucketMA0255491White Elephant/Brant Point GrilleNantucket Island Management LLC50 Easton StNantucketMA02554Eric LandtPO Box1139NantucketMA0255492The CellarCorkscrew Inc1 Windy WayNantucketMA02554Leslie Ann Sheppard1 Windy WayNantucketMA0255493CowboysCowboys Meat & Delicatessen LLC7B Bayberry CtNantucketMA02554Laura Ann McCloskeyPO Box 337NantucketMA0255494Island Coffee Dreadlock Holidays Inc4A Broad StNanatucketMA02554Roger Cabot 26 Okorwaw AveNantucketMA0255495Jared Coffin HouseNantucket Island Management LLC29 Broad StNantucketMA02554James StoreyPO Box 1139NantucketMA0255496Le Languedoc InnTwenty Four Street24 Broad StNantucketMA02554Neil GrennanPO Box 1829NantucketMA0255497GHYC Swim and TennisGreat Harbor Yacht Club, Inc.23 Nobadeer Farm RdNantucketMA02554John Luyrink23 Nobadeer Farm RdNantucketMA02554No dba Business Name Premises TownSt Zip ContactMailing Address98Nantucket Yacht ClubNantucket Yacht Club, Inc.1 South Beach StNantucketMA02554Peter McEachernPO Box 667NantucketMA0255499The Ships InnNantucket Inc.13 Fair StNantucketMA02554Mark Gottwald13 Fair StNantucketMA02554100Easy Street (Restaurant)Joseph V. Arno31 Easy StreetNantucketMA02554Joseph V. ArnoPO Box 1319NantucketMA02554101Starlight Theatre & CaféIsland Events Services LLC1 N Union StNantucket MA02554Mark Watson1 N Union StNantucketMA02554102The Summer HouseAndre Associates LLC1 Magnolia AveSiasconsetMA02564Terrence CullinanPO Box 880SiasconsetMA0256410329 Fair Street 1709 Associates LLC29 Fair StSiasconsetMA02564Peter KarlsonPO Box 880SiasconsetMA02564104Millie's Hither Creek LLC 326 Madaket RdNantucketMA02554Christopher CochranPO Box 2835NantucketMA02584105American Legion Post 82Byron L Sylvaro Post 82 Am Legion Inc21 Washington StNantucket MA02554Callie PearcePO Box 265NantucketMA02554106The ChanticleerThe Chanticleer LLC9 New StreetSiasconsetMA02564Susan HandyPO Box 7308SiasconsetMA02564107Wauwinet InnNantucket Island Management LLC120 Wauwinet RdNantucketMA02554Bettina LandtPO Box 1139NantucketMA02554108Nantucket InnFinch Group Hotels & Resorts, Inc.1 Miller's WayNantucket MA02554Scott Thomas1 Miller's WayNantucketMA02554109Vanessa Noel Hotel & Vanne BarV.N.H. Ltd5 Chestnut StNantucketMA02554Paul S Jensen P.C.PO Box 3097NantucketMA02584110Siam To Go Siam Ice10 Backus LaneNantucketMA02554Thitima SasomsinPO Box 3468NantucketMA02584Rev. 121611
2012 AAD (Automatic Amusement Devices)Effective January 1 - December 31, 2012Business NameDBAManagerAddressMailing Address# UnitsKnownANNUAL ESTABLISHMENTS1Nant Restaurant Mgmt CorpFaregrounds RestaurantKimberly Puder27 Fairgrounds Rd27 Fairgrounds Rd1025542Boxontherock LLCThe Chicken BoxLori Fox16 Dave St16 Dave St1025843Mingo CorporationThe MuseMichael O'Reilly44 Surfside RdPO Box 25496 - 8025844Mad Jam, Inc.Bamboo Supper ClubShannon Haddon2-4 Chin's Way2-4 Chin's Way1025545EGB Enterprises, Inc.Rose and CrownRick Ulmer23 S. Water StPO Box 1167102554SEASONAL ESTABLISHMENTS1CJ Roche Inc.Cap'n Tobey's Chowder House Christopher Roche20 Straight Wharf20 Straight Wharf202554
2012 MOTOR VEHICLE RENTAL AGENCY RENEWALSEffective January 1 - December 31, 2012Business NamedbaContactLocation# Med. Mailing AddressAffordable Rentals of Whitman, Inc.(None)Tim Mahoney6 S. Beach St 702 Greglan Ave #399 (nNantucket, MA 02554Hertz CorporationHertz Rent-A-CarDavid MurphyNM Airport310PO Box 2476Nantucket MA 02584Island Buggies Auto Rental(None)Wayne Siltanen41 Old South Rd87804 Manor House DriFairfax Station, VA 220Resort TransportationNantucket Car RentalWilliam Cameron4 Broad St24 Broad StreetNantucket MA 02554Nantucket Auto Rental, Inc.Nantucket Island Rent-A-CarJohn P. O'HaraNM Airport9350 Spring Bars RoadFalmouth, MA 02540Thrift Cars, Inc.Nantucket Windmill AutoRaymond Conlon NM Airport187PO Box 1057Nantucket, MA 02554Harvey Young Enterprises, Inc.Young's Bike ShopHarvey S. Young6 Broad St30PO Box 1229Nantucket, MA 02554TOTAL700
2012 MOTOR VEHICLE LICENSE RENEWALS - CLASS I, II,IIIEffective January 1 - December 31, 2012CLASS ICONTACTPREMISESMAILING ADDRESSDon Allen Auto Services, Inc.William Tornovish, Jr. 24 Polpis Rd24 Polpis RdCLASS IIThrift Cars, Inc. d/b/a Nantucket Windmill Auto Raymond Conlon21 Airport RdPO Box 1057Holdgate's Auto StorageBruce Holdgate80-84 Hummock Pond RdPO Box 146Ted's GarageDavid Strojny, Jr.4 Pine Grove Lane4 Pine Grove LaneRusty's Outdoor Power Equipment LLC (new 2/20/08)Richard G. Campbell85 Pleasant St85 Pleasant St. CLASS IIIRaymorAugusto Ramos & Edmund Ramos20-21 South Shore RdPO Box 341Ted's GarageDavid Strojny, Jr.4 Pine Grove Lane4 Pine Grove Lane P&M Reis Trucking, Inc.Roberta Reis57 Surfside RdPO Box 113Holdgate's Auto StorageBruce Holdgate80-84 Hummock Pond RdPO Box 146Walter J. Glowacki and Sons, Inc.Walter J. Glowacki20 Dave Kim LanePO Box 1460
2012 MOBILE FOOD VENDOR LICENSE RENEWALS Effective January 1 - December 31, 2012Business Named/b/aContact# of UnitsMailing AddressFooods, Inc.Foood for Here and ThereRick Ulmer2149 Orange St, 02554J & L DistributorsCisco Sweets and TreatsPhilip Allen1PO Box 3194 02584Tiki TreatsTiki TreatsMichelle St. Martin1PO Box 1034 02554Nantucket Beach Dogs Nantucket Beach DogsRoger Decker116 Hummock Pond Rd 02554Stephen ParadisRoamin PizzeriaStephen Paradis122 Pine Crest Drive 02554Rev. 121511
2012 FLOWER/PRODUCE/SHELLFISH VENDOR RENEWALSEffective January 1 - December 31, 2012Business NameLocationContactMailing AddressBartlett's Ocean View FarmNorth side of Main St - TonkinsJohn Bartlett33 Bartlett Farm Rd02554Bartlett's Ocean View FarmWest of NRTA Bus Stop/SconsetDavid Bartlett33 Bartlett Farm Rd02554Willow Hill FarmSouth side of Main St - Vis-à-VisRose Webb23 Dukes Rd02554Dane DeCarlo d/ba Perennial GardensNorth side of Main St - The HubDane DeCarlo165 Hummock Pond Road 02554508-246-7049Nantucket Wildflower FarmSouth side of Main St - Even KeelCinda GaynorPO Box 7802554JDL DesignsNext to Pacific Club - Still DockJesse DutraPO Box 257802584Sconset GardenersEast side of Sconset Sq. Bus StopMartin McGowan88 Somerset Rd02554Len CampanaleEast side of Sconset Sq. Bus StopLen CampanelePO Box 105Sconset02564Patricia DewOrange St. adjacent to 56 Main StreetPatty DewPO Box 983Sconset 02564
2012 KOA LICENSES -MAY 1, 2012 - APRIL 30, 2013name addresstownstatezipanimalslocation of animalsMatthew & Pam Capozza52 Somerset RdNantucketMA02554Rooster, Chickens52 Somerset RdCaroline EllisPO Box 368SconsetMA02564Hens8 Quaise Pasture RoadCarter & Sandy Mitchell51 Polpis RdNantucketMA02554HensSameKaren K BorchertPO Box 3631NantucketMA02584Hens, Horses14 Burnt Swamp LaneDavid CarpenterPO Box 2581NantucketMA02584Ducks, Hens, Rooster, Horses36 Chuck Hollow RoadDebbie CulbertsonPO Box 1237NantucketMA02554Horse, Ponies55 Tennessee AveJames and Carol Driscoll PO Box 2713NantucketMA02584Hens, Goats, Roosters41 Tom Nevers Rd/2 Driscoll WayJohn McLaughlin9 Greenmeadow DrNantucketMA02554Cows, Ducks, Hens, Swine, Roosters, Sheep, Llama9 Greenmeadow DriveKevin Bates/Carol BlackPO Box 3225NantucketMA02584Hens, Roosters, Goats, Rabbit28 Norwood StLeanne Baker3 Webster RdNantucketMA02554Hens, Rooster, Horse3 Webster RdMatthew Oates113 Hummock Pond RdNantucketMA02554Hens, Rooster113 Hummock Pond RdLori Folger 18 York StNantucketMA02554Goats, Rabbits, Hens18 York StreetLinda Humphries24 Hooper Farm RdNantucketMA02554Ducks, Hens166 Hooper Farm RdF. Manuel Dias50 Surfside RdNantucketMA02554Ducks, Hens, Roosters 50 Surfside RdNeville RichenBox 3302NantucketMA02584Ducks, Hens, Roosters, Turkeys 57 Tom Nevers RdPatricia GrissomPO Box 2576NantucketMA02584Hens, Rooster33 Madaket RoadPeter C. ReillyBox 3309NantucketMA02584Hens8 Myles Standish StreetCynthia Gordon (P. Reis)PO Box 113NantucketMA02554Ducks, Horse, Donkey99 Miacomet AvenueRay Owen Box 493NantucketMA02554Cows, Ducks, Hens, Goats, Swine, Roosters, Sheep, Horse, Rabbits, Turkey80 Vestal StreetRonald Slade Box 3114NantucketMA02584Cows, Ducks, Hens, Goats, Swine, Rooster, Horse12 Longwood DriveSabra Peterson 321 Polpis RdNantucketMA02554Horse, Ginea Fowl321 Polpis RoadSuzanne FronzutoPO Box 2515 NantucketMA02584Cows, Ducks, Goats, Swine, Pony, Rabbits, Rooster, Hens35 First WayTara Norton Iverson21 Meadowview DrNantucketMA02554Goats, Hens21 Meadowview DrTodd LeftwichPO Box 2789NantucketMA02584Goats46 Cate Lane, 94 Miacomet Rd, 13 Kelley RdValero and Sons60 Old South RdNantucketMA02554Cows60 Old South RoadMeg Glidden 2 Greglan Ave #174NantucketMA02554Hens24 Rugged RoadJose Partida6 Sparks AveNantucketMA02554Hens, RoostersGreglen AvenueDennis DiasTripp DrNantucketMA02554HensRobert Walder5 Station StNantucketMA02554Hens, Rooster5 Station StreetSharon Jones 7 Monohansett RdNantucketMA02554Ducks, Hens, Rooster 7 Monohansett RoadAndrew Lowell 4 New LaneNantucketMA02554Hens, Rooster8R New LaneClara Urbahn PO Box 109SconsetMA02564Hens, RoosterSameJohanna HollandPO Box 134SconsetMA02564Hens11 Front StreetScott Barrett21 Somerset RdNantucketMA02554Hens, Rooster21 Somerset RoadDylan Wallace 2 Field AvenueNantucketMA02554Hens2 Field AvenueElizabeth Winship16 Monohansett RdNantucketMA02554Alpine Goats16 Monohansett RdPaul A BennettPO Box 3023NantucketMA02584Hens and Roosters4 Gardner RdKenny and Lisa Dias25 Rugged RdNantucketMA02554Hens25 Rugged RdMichelle KelseyPO Box 3277NantucketMA02584Rabbit, Pig17 Folger Clayton Webb23 Dukes RoadNantucketMA02554Ducks23 Dukes RoadKristina Jelleme9 Kelley RoadNantucketMA02554Hens9 Kelley RoadLeon WurstenPO Box 65SconsetMA02564Hens1 Kendrick St (TNW)Manual SouzaPO Box 742NantucketMA025554Hens and RoostersTuckernuckArnaldo Tejada1 Norquarta DriveNantucketMA02554Hens and 1 Rooster1 Norquarta DriveRandy Hudson 2 Halyard LaneNantucketMA02554Hens2 Halyard Lane Christian L. Ray 42 Vesper LaneNantucketMA02554Hens42 Vesper LandStephanie Moore 36 Sparks AveNantucketMA02554Hens, Goats54 Milestone RoadMohamed Nabulsi 61 Cato LaneNantucketMA02554Hens61 Cato LaneCasey Boukas 25 Sesapana RoadNantucketMA02554Hens25 Sesapana RoadCatherine Conte PO Box 23NantucketMA02554Alpacas, Mini Donkeys, Horses21 Crooked Lane, Sea Pony FarmWiilliam &Melissa Stephens PO Box 752NantucketMA02554Horses, Hens, Pigs17 Field AvenueRosa Hernandez 23A Bartlett RoadNantucketMA02554Hens, Rooster23A Bartlett RoadJohn C. Drahzal70 Washington StNantucketMA02554Hens, Ducks, Sheep3 Mayflower CircleAzariah SowerPO Box 213SconsetMA02564Hens, 1 Rooster10 Sconset Avenue, SconsetArnoldo Tejada1 Norquarta DriveNantucketMA025546 Hens, 1 Rooster1 Norquarta DriveCarol Ann Marks1 Zachary WayNantucketMA025542 Pigs1Zachary WayCraig HowardPO Box 3042NantucketMA02554Ducks, Hens, Roosters, Turkeys 8 Wood Hollow RoadDanny and Karen Baird PO Box 2796NantucketMA025541 Pig, Hens50 Appleton RoadMelissa and Will StephensPO Box 752NantucketMA025541 Cow, 2 Hens, 6 Pigs, 4 Horses17 Field AvenueDavid W Smith7 Swayze DriveNantucketMA02554Hens7 Swayze DriveDavid Angelastro65B Fairgrounds RdNantucketMA02554Hens 65B Fairgrounds Rd Suprchore Sarsuriyongs17 Miacomet RdNantucketMA02554Hens17 Miacomet RdTotal: 62
DEPARTMENT OF MUNICIPAL FINANCE TOWN OF NANTUCKET
Finance Director (508) 325-7519 (508)228-7209
Operations (508) 228-7209 Town & County Building
Collector (508) 228-7270 16 Broad Street
Treasurer (508) 228-7265 Nantucket, MA 02554
Assessor (508) 228-7211
Accounts Payable (508) 228-7275
TO: C. Elizabeth Gibson, Town Manager
FROM: Irene Larivee, Finance Director
DATE: December 14, 2011
RE: Finance Department Progress - November 2011
Attached is the monthly progress report relating to: the findings and areas of concern of the FY 10
audit and management letter; the Abrahams Report recommendations implementation, and
Department of Revenue report submittals.
Fiscal Year 2010 Audit Management Letter
The audit management letter outlines areas for improvement and identifies findings and weaknesses.
The Town’s FY 10 management letter contains eight findings requiring immediate attention including
implementation of internal controls; cash reconciliations; legacy account issues; enterprise funds;
county reconciliations; late journal entries; enterprise fund inter fund transfers; capital borrowing and
associated expenditures.
Action Taken Since November1, 2011:
1. Town Cash Reconciliations: Complete for September 30, 2011. The Treasurers Cashbook and
General Ledger September 30, 2011 cash reconciliation is complete. On December 14, 2011, the
cash reconciliation was sent to Renee Davis and Mike Daley for review.
2. County Cash Reconciliations: Complete for September 30, 2011. The Treasurers Cashbook and
General Ledger September 30, 2011 cash reconciliation is complete. On December 14, 2011, the
cash reconciliation was sent to Renee Davis and Mike Daley for review.
The Management Letter also identifies other areas of concern that need to be corrected during the
remainder of FY2012, including reconciling Massachusetts Highway Grants; Accounting for Trust Fund
Balances; Commingling Cash Accounts of Enterprise Funds; Fraud Risk Assessment; Accounting for
Off-Duty Police and Fire Details; Dental Insurance Withholding Deficit; General Ledger Maintenance
and Reconciliations for Nantucket County; Receivable Reconciliations; Prepaid Expense Balance;
Journal Entry Control; and County Escrow Accounts.
An update on key items listed in the prior paragraph follows:
1. Enterprise Funds Cash Reconciliation – Complete. Wannacomet Water and Airport have both
confirmed agreement with the Treasurers Cashbook as of September 30, 2011.
2. Receivable Reconciliations – In Progress. The receivable reconciliations for 1st quarter of
Fiscal Year 2012 are in progress. A majority of the tax receivables are reconciled for the 1st
quarter; however there are unresolved issues with the Landfill and Our Island Home
receivables that require additional research. The estimated completion date for the 1st quarter
receivable reconciliations is 12/31/2011.
Page 2 of 3
3. Enterprise Fund Inter-fund Transfers – Complete for September 30, 2011.
Department of Revenue Schedule
The Massachusetts Department of Revenue provides a schedule of tasks with an associated timeline
for all municipalities in the Commonwealth.
Action Taken Since November 1, 2011:
1. Deadline for Payment of First Half of County Tax – Complete. The deadline for the first tax
payment / county assessment is November; however the Town has traditionally provided the first
tax payment in July with the second payment in January of each fiscal year.
2. First Quarter Reconciliation of Cash – The Treasurer completed this task and emailed the report to
our account representative. We were informed that although this item is still within the Municipal
Calendar; the Department of Revenue no longer requires cities and towns to submit the quarterly
report. The requirement only pertains to fiscal year end (June 30, 2012). For FY2011, the year
end cash reconciliation report was due to the Department of Revenue on September 30, 2011 and
was submitted early on September 16, 2011.
3. Review Budgets Submitted by Department Heads – Complete. Town Administration and Finance
have reviewed departmental submissions for the FY2013 budget year. Town Administration
recommended a balanced budget to the Board of Selectmen on December 7, 2011.
Abrahams Implementation Plan
In 2008, the Town contracted with the Abrahams Group to provide an organizational review of the
Finance Department. Within the report were thirty-six recommendations to improve the organizational
structure of the department. As of November 30, 2011; twenty-two or 61.0% of the
recommendations have been implemented; with an additional nine or 25% in progress. The
remaining five recommendations are scheduled to be completed within the next twelve months.
Action Taken Since November 1, 2011:
1. Recommendation #5c: Close Town Clerk’s bank account and make all vendor payments through
warrant process. Completed on November 8, 2011.
2. Recommendation #6: Submittal of Cash Register Tapes for Significant Cash Turnovers. In
progress. This recommendation has been completed with the school lunch program. The staff
has requested additional clarification from the Abrahams Group as school lunch is the only
program with cash register tapes.
3. Recommendation #10: Appropriate Written Authority and Understanding of Collective Bargaining
Agreements. In progress. The payroll department now receives a copy of the signed
Memorandum of Understanding for union contracts. Human Resources has drafted the written
internal process for review.
4. Recommendation #19: Report all balances on MLCs to assure sound practice and to protect the
town’s right to collect the money. In progress. The Finance staff has requested the Abrahams
Group to reconsider this recommendation. At the present time, all known balances by the
collectors office are recorded on the MLC. The only area that doesn’t have a specific balance
stated on the MLC pertains to Wannacomet / Siasconset Water. The MLC has a notation to
contact Wannacomet / Siasconset Water to obtain the final balance due.
Page 3 of 3
5. Recommendation #24: Timely submittal of reimbursements for loan drawdowns. In progress.
The timeliness of Massachusetts Water Pollution Abatement Trust (MWPAT) and 3-C
Transportation Grant drawdowns has been resolved. The area still under review is Chapter 90
reimbursement requests to the State. Within the next two months, the Finance Director and
Public Works Director plan to develop a Chapter 90 Reimbursement policy to address the
timeliness of drawdowns going forward.
6. Recommendation #25: Tailings Process. In progress. We began the tailings process in 2009.
The letters have been sent to the respective parties to inform them the Town has funds in their
name that haven’t been cashed. The task that needs to be completed is to document an internal
process as to the steps involved in tailings and responsible parties.
7. Recommendation #29 and #30: Restructure School Chart of Accounts. In progress. Full
implementation scheduled for December 31, 2011.
8. Recommendation #31: Document Financial Polices and Procedures. Partially Complete. The
Board of Selectmen adopted seven financial policies on September 14, 2011. Internal
documentation of processes will continue through 2012 and 2013.
If you have any questions or concerns regarding our progress to date or future deadlines, please don’t
hesitate to let us know.
Combined Status of Management Letter, Abrahams Implementation, and Department of Revenue ScheduleNovember 30, 2011Rec. #Fundamental Purpose/ObjectiveDate DueAccomplishedCommentResponsible for Performing Task's) Responsible for Follow UpPartially AccomplishedNot AccomplishedManagement Letter1b. Cash ReconciliationsTreasurer / Assistant Treasurer / Town Accountant / Accounting Clerk Finance Director 11/17/2011√Management Letter9General Ledger Maintenance and Reconciliations for CountyAssistant Finance Director / Town Accountant Finance Director 11/17/2011√Management Letter10Receivable ReconciliationsStaff Accountant / Town Accountant / OIH Administrator / DPW Acting Director Finance Director 11/17/2011√Management Letter1g. Enterprise Fund Inter-fund TransfersTown Accountant / Assistant Finance Director Finance Director 11/17/2011√DOR Schedule34Deadline for Payment of First Half of County Tax Treasurer Finance Director 11/1/2011√DOR Schedule35First Quarter Reconciliation of Cash Treasurer Finance Director 11/15/2011√Note: No longer need to submit to DOR; task accomplished and turned into Finance DirectorManagement Letter1d. Enterprise FundsTreasurer / Airport Accountant / Water AccountantFinance Director / Airport Manager / Water Manager 11/30/2011√DOR Schedule37Review Budgets Submitted by Department Heads Board of Selectmen Town Manager 11/30/2011√DOR Schedule39Submit Amendments to End of School Year Report to DOEAccountant / School Committee Finance Director 12/15/2011√N/A - Reports submitted 10/04Management Letter1b. Cash ReconciliationsTreasurer / Assistant Treasurer / Town Accountant / Accounting Clerk Finance Director 12/15/2011√Management Letter9General Ledger Maintenance and Reconciliations for CountyAssistant Finance Director / Town Accountant Finance Director 12/15/2011√Management Letter10Receivable ReconciliationsStaff Accountant / Town Accountant / OIH Administrator / DPW Acting Director Finance Director 12/15/2011√Management Letter1g. Enterprise Fund Inter-fund TransfersTown Accountant / Assistant Finance Director Finance Director 12/15/2011√Abraham's Implementation5c.Close Town Clerk's Bank Account and make all vendor payments through warrant process Town Clerk / Treasurer Finance Director12/31/2011√DOR Schedule41Deadline for Betterments to be Included on Next Years Tax Bill Water/Sewer Commissioners Finance Director 12/31/2011√DOR Schedule42Begin to Finalize Budget Recommendation for Review by Finance Committee Board of Selectmen Town Manager 12/31/2011√DOR Schedule43Mail 3-ABC Forms to All Eligible Non-Profit OrganizationsAssessor Finance Director 12/31/2011√DOR Schedule44Deadline for Mailing Actual Tax Bills Tax Collector Finance Director 12/31/2011√Abraham's Implementation6Submittal of Cash Register Tapes for Significant Cash Turnovers Departments / Treasurer Finance Director12/31/2011√Under review with Abraham's Group; only cash receipt tapes pertain to School LunchManagement Letter1d. Enterprise FundsTreasurer / Airport Accountant / Water AccountantFinance Director / Airport Manager / Water Manager 12/31/2011√DOR Schedule45Property Tax Assessment DueAssessors Finance Director 1/1/2012√12/14/2011
December 21, 2011 Board of Selectmen Meeting
“Sober House”/47 Boulevarde Agenda Item
Background Summary
The land at 47 Boulevarde is owned by the Town of Nantucket. Town Meeting approved a lease
for the property in 1993 for a specific purpose but a specific term was not specified. It does not
appear that any procurement was issued prior to execution of the lease. A lease was executed
with Family & Childrens’ Services in 1993 and has been amended twice. The amendments
addressed the lease term and the use of the property. The lease (attached) expires in 2014. The
lease requires the provision of housing for individuals with certain needs. There are two
dwellings currently on the property, the lease covers both.
Family & Childrens’ has determined that the housing operates at a loss for them & they can no
longer afford to run the programs as mandated by the lease (see attached correspondence). They
have spoken to Housing Nantucket about a transfer of the houses and the lease for the property to
them. The lease would need to be modified to remove the specifics about the housing and have
the purpose simply be “affordable” housing. The Housing Specialist for the Affordable Housing
Trust Fund has suggested that there are other options for the property including relocation of the
houses to other Town land (unidentified) and that the land be sold and the proceeds used for
affordable housing or capital projects; or, that the Town through the Trust, could operate the
dwellings as affordable rental units.
Issues for the Board’s Consideration
-- The position of the Affordable Housing Trust regarding this property needs to be made known.
-- How does the disposition of this property fit in with the Master Plan and the Town’s
Affordable Housing Plan/Inventory
-- There are 3 (4?) affordable housing agencies for Nantucket: Nantucket Housing Authority, the
statutorily required agency which receives state & federal (& local) funding; Housing Nantucket,
a non-profit spin-off of the Housing Authority which oversees affordable rental properties that it
owns; Affordable Housing Trust, set up by the Town 2 years ago to promote and operate
affordable rental housing and other ventures to further affordable housing goals of the Town.
There is also Habitat for Humanity.
Options
-- cancel the current lease; prepare an MOU and have the AHT operate the dwellings as
affordable housing
-- amend the lease so as to transfer it to Housing Nantucket and have them operate the dwellings
as affordable housing
-- Seek authorization to transfer the property to another agency at 2012 ATM
-- Cancel the lease and have the AFHT operate one unit for affordable rental housing; Town
operates other unit for seasonal housing (this needs to be further explored as to need for such
housing)
-- Cancel the lease and seek authorization to sell the property at 2012 ATM
-- Others?
Prop ID 79 75
Address 47 BOULEVARDE
Owner NANTUCKET TOWN OF 16 BROAD ST NANTUCKET, MA 2554
Sale Date
Sale Price $0
Book/Page 00081/ 236
Lot Size 1.3 acres
NOT A LEGAL DOCUMENT
Disclaimer The information displayed on this or any other map produced by The Town of Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the accuracy of the data. Users are responsible for determining the suitability for individual needs. All information is from the Town of Nantucket
Geographic Information System (GIS) database.
For general reference only: Important
caveats which must be considered when using this data are available from the Nantucket GIS Coordinator.
Town of Nantucket, Massachusetts
9/27/2011
Map Composed
Copyright 2005 Town of Nantucket, MA. All rights reserved. Developed by AppGeo
Town of Nantucket Web GIS
Page 1 of 1Town of Nantucket Web GIS - Printable Map
9/27/2011http://host.appgeo.com/nantucketma/PrintableMap.aspx?Preserve=Width&MapWidth=864...
Town AdministrationTown Administration Fiscal Year 2013 Fiscal Year 2013 General Fund Budget General Fund Budget RecommendationsRecommendationsDecember 7, 2011December 7, 2011Board of SelectmenBoard of Selectmen’’s Meetings Meeting
Town Administration Strategy for Town Administration Strategy for FY 2013 Budget & Future YearsFY 2013 Budget & Future Years Continuation of Five Year Strategy:Continuation of Five Year Strategy: FY 2009: Review service levels of existing departmentsFY 2009: Review service levels of existing departments FY 2010FY 2010--FY2011: Review opportunities to streamline FY2011: Review opportunities to streamline operations and improve efficiencies across multiple operations and improve efficiencies across multiple departmentsdepartments FY 2012: Implement cost savings and efficiency measures FY 2012: Implement cost savings and efficiency measures through 3 departmental consolidationsthrough 3 departmental consolidations FY 2013 and future years:FY 2013 and future years: Continued review & Continued review & implementation of additional consolidations, efficiency implementation of additional consolidations, efficiency measures, and continued effort toward program budgetingmeasures, and continued effort toward program budgeting
FY 2013 Budget ProcessFY 2013 Budget Process Budget Cycle began in AugustBudget Cycle began in August Methodology for Planning AssumptionsMethodology for Planning Assumptions Forecast to Forecast to ““Live WithinLive Within”” Projected RevenueProjected Revenue 1% Minimum Capital Funding Requirement plus, included in 1% Minimum Capital Funding Requirement plus, included in ForecastForecast Landfill mining cost included in Forecast (GF vs SWEF)Landfill mining cost included in Forecast (GF vs SWEF) Health insurance projection based on existing employeesHealth insurance projection based on existing employees Reviews with BOS, Department Heads, Ad Hoc Budget Reviews with BOS, Department Heads, Ad Hoc Budget Work GroupWork Group
Impact of FY 2013 Budget Impact of FY 2013 Budget RecommendationsRecommendations Continue adjusting to Consolidations made for FY 12 Continue adjusting to Consolidations made for FY 12 (ie, Code Enforcement)(ie, Code Enforcement) Complete implementation of Central Dispatch (final 2 Complete implementation of Central Dispatch (final 2 positions) delayed, until FY 2014positions) delayed, until FY 2014 Expanded information technology services (Open Expanded information technology services (Open Meeting Law compliance; onMeeting Law compliance; on--line permitting, website line permitting, website improvements/maintenance) delayed without improvements/maintenance) delayed without additional position, until FY 2014additional position, until FY 2014 Surveying and town real estate management will Surveying and town real estate management will continue to be a challengecontinue to be a challenge
Options to Address Additional Options to Address Additional Needs not Funded for FY 2013Needs not Funded for FY 2013 ReRe--examine nonexamine non--essential Town servicesessential Town services Senior Day CareSenior Day Care Health and Human Services Annual Funding Health and Human Services Annual Funding AllocationAllocation ReRe--examine funding of Landfill Miningexamine funding of Landfill Mining Landfill Fee EstablishmentLandfill Fee Establishment Operating OverrideOperating Override
General Fund General Fund Revenue AssumptionsRevenue AssumptionsCategoryCategory2012201220132013201420142015201520162016Tax RevenueTax Revenue2.7%2.7%1.3%1.3%1.0%1.0%2.6%2.6%2.3%2.3%New GrowthNew Growth56.9%56.9%--40.3%40.3%2.0%2.0%0.9%0.9%--0.3%0.3%Allowance for AbatementsAllowance for Abatements103.5%103.5%--43.6%43.6%11.3%11.3%1.8%1.8%9.2%9.2%State RevenueState Revenue--.03%.03%--10.1%10.1%--5.1%5.1%--2.5%2.5%--3.1%3.1%Excise TaxExcise Tax--6.8%6.8%4.7%4.7%0.4%0.4%0.2%0.2%0.1%0.1%License & PermitsLicense & Permits--0.9%0.9%0.0%0.0%0.2%0.2%0.2%0.2%0.1%0.1%Fees, Rentals, InterestFees, Rentals, Interest--1.4%1.4%1.9%1.9%0.0%0.0%0.2%0.2%0.0%0.0%Fines, Forfeits, PenaltiesFines, Forfeits, Penalties--6.4%6.4%--1.1%1.1%--2.0%2.0%--1.0%1.0%--1.1%1.1%OtherOther--79.6%79.6%0.5%0.5%0.5%0.5%0.4%0.4%0.2%0.2%Miscellaneous RecurringMiscellaneous Recurring--9.8%9.8%0.0%0.0%--.01%.01%--2.6%2.6%--5.1%5.1%Misc NonMisc Non--RecurringRecurring100%100%0%0%0%0%0%0%0%0%Projected Inc (Dec)Projected Inc (Dec)1.3%1.3%--2.1%2.1%1.8%1.8%2.3%2.3%2.0%2.0%
General Fund General Fund Expense AssumptionsExpense AssumptionsCategoryCategory2012201220132013201420142015201520162016Town SalariesTown Salaries1.0%1.0%2.0%2.0%1.4%1.4%1.2%1.2%1.2%1.2%School Salaries**School Salaries**--1.0%1.0%3.0%3.0%1.4%1.4%1.2%1.2%1.2%1.2%Operating ExpenseOperating Expense5.7%5.7%3.9%3.9%0.00.01.0%1.0%1.0%1.0%Medical Insurance PremiumsMedical Insurance Premiums9.2%9.2%4.0%4.0%6.0%6.0%8.0%8.0%10.0%10.0%General Insurance General Insurance --25.6%25.6%6.6%6.6%9.0%9.0%9.0%9.0%9.0%9.0%Barnstable County RetirementBarnstable County Retirement--0.7%0.7%10.1%10.1%10.6%10.6%10.4%10.4%10.9%10.9%Health & Human Svcs Health & Human Svcs ContractsContracts0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%Capital Imp from RevenueCapital Imp from Revenue100%100%92.9%92.9%13.5%13.5%--0.7%0.7%2.4%2.4%General Fund SubsidyGeneral Fund SubsidySolid Waste EnterpriseSolid Waste Enterprise2.2%2.2%2.1%2.1%2.1%2.1%2.0%2.0%2.5%2.5%Our Island Home EnterpriseOur Island Home Enterprise--1.5%1.5%1.5%1.5%1.5%1.5%1.2%1.2%2.5%2.5%Projected Inc (Dec)Projected Inc (Dec)3.1%3.1%--2.1%2.1%1.9%1.9%2.3%2.3%2.1%2.1%**Does not include School Committee Recommendations
FY 2013 GENERAL FUND FY 2013 GENERAL FUND PROJECTIONPROJECTION$72,589,124$72,589,124
FY 2013 Town Administration FY 2013 Town Administration Balanced Budget RecommendationBalanced Budget Recommendation SummarySummary FY 13 Projected Revenue =FY 13 Projected Revenue = $72,589,124$72,589,124 FY 13 Projected Expenses = FY 13 Projected Expenses = $72,720,684$72,720,684 Gap (Town) =Gap (Town) = ($ 131,560)($ 131,560) Capital Adjustment (Town) =Capital Adjustment (Town) = $ 131,560$ 131,560 BalanceBalance $ 0 $ 0
FY2013 Projected RevenueFY2013 Projected Revenue (($72,589,124)$72,589,124) FY2013 PROJECTED EXPENSE:FY2013 PROJECTED EXPENSE: TownTown $19,321,700$19,321,700 EducationEducation $22,422,860$22,422,860 Shared ExpensesShared Expenses $12,299,500$12,299,500 Debt ServiceDebt Service $ 7,613,980$ 7,613,980 Our Island Home Enterprise Fund GF SubsidyOur Island Home Enterprise Fund GF Subsidy $ 3,213,000$ 3,213,000 Solid Waste Enterprise Fund OverrideSolid Waste Enterprise Fund Override $ 2,999,000$ 2,999,000 Solid Waste Enterprise Fund GF SubsidySolid Waste Enterprise Fund GF Subsidy $ 2,198,000$ 2,198,000 Other Articles & AssessmentsOther Articles & Assessments $ 2,521,084$ 2,521,084 FY2013 General Fund Budget Variance FY2013 General Fund Budget Variance $ 0$ 0Summary of FY 2013 General Summary of FY 2013 General Fund Balanced BudgetFund Balanced Budget
FY 2013 Unfunded FY 2013 Unfunded Town Core Service NeedsTown Core Service Needs Public SafetyPublic Safety $ 488,433$ 488,433 Three Police Officers Remain Unfunded Three Police Officers Remain Unfunded Two Central Dispatchers Remains UnfundedTwo Central Dispatchers Remains Unfunded Two Firefighter/EMT Positions Remain UnfundedTwo Firefighter/EMT Positions Remain Unfunded General Government General Government $ 92,488$ 92,488 New IT Technician Position Not FundedNew IT Technician Position Not Funded Total Unfunded FY 2013 Core Services Total Unfunded FY 2013 Core Services $580,921$580,921
General Fund Personnel HistoryGeneral Fund Personnel History FY 2007 FY 2007 –– 20132013Full Time Full Time Equivalent Equivalent Positions Positions (FTE(FTE’’s)*s)*FY07 FY07 ActualActualFY08FY08ActualActualFY09 FY09 ActualActualFY10 FY10 ActualActualFY11 FY11 BudgetBudgetFY12 FY12 BudgetBudgetFY13 FY13 Projection as Projection as of of 11/30/11*11/30/11*Town Town Personnel Personnel History **History **213.00213.00199.00199.00202.50202.50189.75189.75186.50186.50183.75183.75185.25185.2520.9%20.9%--6.6%6.6%1.8%1.8%--6.3%6.3%--1.7%1.7%--1.5%1.5%0.8%0.8%Education Education Personnel Personnel History***History***263.00263.00291.95291.95279.60279.60258.20258.20244.40244.40243.0243.0(TBD)(TBD)--8.8%8.8%11.0%11.0%--4.2%4.2%--7.7%7.7%--5.3%5.3%--0.6%0.6%(TBD)(TBD)Total FTETotal FTE’’ss476.0476.0490.95490.95482.10482.10447.95447.95430.9430.9426.75426.75(TBD)(TBD)Net Change Net Change in FTEin FTE’’ss2.4%2.4%3.1%3.1%--1.8%1.8%--7.1%7.1%--3.8%3.8%--1.0%1.0%(TBD)(TBD)*Full Time Equivalent Calculation = 33-40 Hrs 1.0; 20-32 Hrs 0.50; Seasonal = 0.25**For comparative purposes, Town Personnel History does not include Our Island Home*** Education Personnel History includes Community School Employees
General Fund Personnel HistoryGeneral Fund Personnel History FY 2007 FY 2007 –– 20132013*Full Time Equivalent Calculation = 33-40 Hrs 1.0; 20-32 Hrs 0.50; Seasonal = 0.25**For comparative purposes, Town Personnel History does not include Our Island Home*** Education Personnel History includes Community School Employees
General Fund FY 2013 Projection General Fund FY 2013 Projection –– ““UnknownsUnknowns”” RevenuesRevenues State Local Aid State Local Aid -- Current assumption is a 10% decreaseCurrent assumption is a 10% decrease Free CashFree Cash Chapter 90 Chapter 90 Expenses Expenses Barnstable County Retirement Assessment Barnstable County Retirement Assessment –– Current Current assumption is 10% increaseassumption is 10% increase Capital Expenditures Capital Expenditures –– Continued review by Capital Program Continued review by Capital Program CommitteeCommittee
Other Potential Impacts on General Other Potential Impacts on General Fund Operating BudgetFund Operating Budget Unfunded Citizen Warrant Articles*: Unfunded Citizen Warrant Articles*: New Revolving Fund for Record Preservation/StoverNew Revolving Fund for Record Preservation/Stover $ 50,000$ 50,000 Establishing a Tom Nevers NRTA Route/DuntonEstablishing a Tom Nevers NRTA Route/Dunton $ 50,000$ 50,000 Design, Engineering, and Construction of Tom Nevers Design, Engineering, and Construction of Tom Nevers Bike Lane/BartlettBike Lane/Bartlett $$ 500,000500,000Total :Total : $600,000$600,000 Enterprise Fund Potential Additional Subsidy NeedsEnterprise Fund Potential Additional Subsidy Needs Our Island HomeOur Island Home*Subject to Town Meeting Approval; not included or funded within the General Fund Budget Projection
Conclusion Proactive measures taken prior to FY 13 put Town in a decent position going forward Hiring freeze initiated in 2008 Consolidations implemented in FY 11/12 Adoption of Local Meals Tax, Increase in Rooms Occupancy Tax in 2009 Increased utilization of revolving funds for eligible expenses
Next StepsNext Steps December 5: Enterprise Fund budget projections dueDecember 5: Enterprise Fund budget projections due December 14: Board of Selectmen begin review of FY 13 December 14: Board of Selectmen begin review of FY 13 budget; review of debt service with Financial Advisorbudget; review of debt service with Financial Advisor December 21: Board of Selectmen continued review of FY 13 December 21: Board of Selectmen continued review of FY 13 budgetbudget December 31: Receive Barnstable County Retirement December 31: Receive Barnstable County Retirement Assessment Projection for FY13Assessment Projection for FY13 January 4: Board of Selectmen public hearing on FY 13 budgetJanuary 4: Board of Selectmen public hearing on FY 13 budget January 11: Review of updated budget projection; Board of January 11: Review of updated budget projection; Board of Selectmen adoption of FY 13 budget recommendationSelectmen adoption of FY 13 budget recommendation January 23: Review of Board of Selectmen FY 13 budget January 23: Review of Board of Selectmen FY 13 budget recommendation with Finance Committeerecommendation with Finance Committee TBA: Review of Recent Updated OPEB ReportTBA: Review of Recent Updated OPEB Report
Questions?Questions?
Town of NantucketGeneral Operating Fund Planning Projection, Expense2012 Budget, 2013-2016 ProjectionsUnaudited ATMEstimated Appropriations and Other Uses:OriginalActual BudgetprojectionprojectionprojectionprojectionAppropriation DetailBudget 2005fye 2011fye 2012fye 2013fye 2014fye 2015fye 2016Article 8 Items:(08/08/11) (4/4/2011)(11/30/2011) Salaries - Town (includes allowance for collective bargaining)13,567,600$ 13,127,268$ 13,952,265$ 14,235,590$ 14,449,000$ 14,624,000$ 14,801,000$ Salaries - School #REF! 17,098,828$ 17,188,594$ 17,627,560$ 17,892,000$ 18,109,000$ 18,109,000$ Transfers to community school 310,000 235,000$ 219,300 219,300 219,300 219,300 219,300 SUBTOTAL SALARIES:#REF!30,461,096$ 31,360,159$ 32,082,450$ 32,560,300$ 32,952,300$ 33,129,300$ Operating Expenses, Town: 4,948,150 4,373,994$ 4,664,166$ 4,986,110$ 4,936,000$ 4,985,000$ 4,935,000$ Operating Override - 2011 Mosquito Control- 100,000 100,000 100,000 100,000 100,000 Operating Expenses, School 3,471,707 4,946,303$ 4,531,106$ 4,576,000$ 4,622,000$ 4,668,000$ 4,715,000$ SUBTOTAL OPERATING EXPENSE#REF!9,320,297$ 9,295,272$ 9,662,110$ 9,658,000$ 9,753,000$ 9,750,000$ Group Medical Insurance6,800,000 6,415,328$ 7,301,000 7,593,000 8,049,000 8,693,000 9,562,000 General Insurance (all other insurance)991,000 1,170,495$ 1,329,000 1,416,500 1,544,000 1,683,000 1,700,000 SUBTOTAL INSURANCE7,791,000$ 7,585,823$ 8,630,000$ 9,009,500$ 9,593,000$ 10,376,000$ 11,262,000$ SUBTOTAL DEBT SERVICE #REF!9,096,732$ 9,053,860 7,613,980$ 7,269,399$ 7,155,102$ 6,965,536$ SUBTOTAL RETIREMENT2,575,700$ 2,838,086$ 2,988,750$ 3,290,000$ 3,640,000$ 4,020,000$ 4,460,000$ Article 8 Total#REF!59,302,034$ 61,328,041$ 61,658,040$ 62,720,699$ 64,256,402$ 65,566,836$ Article __: Energy Committee Request Article 2: Unpaid Bills13,352 62,669 2,795.76 25,000 25,000 25,000 25,000 Article 5: Reserve Fund 710,000 605,500 668,000 500,000 500,000 500,000 500,000 Article 9: Health and Human Services 329,996 317,883 317,883 317,880 317,880 317,880 318,000 Article 10: Capital budgeted from revenue (Town Bylaw 11-12.1) - 371,640 716,800 813,527 807,641 826,924 Article 10: capital articles from free cash & excess overlay672,201 2,228,360 - - - Article 10: Capital budgeted from Revolving Funds- - - - - Article 12: Transfer to Enterprise Fund1 900 000 Article 12: Transfer to Enterprise Fund 1,900,000 - - - - - - Transfer to Enterprise Fund (Our Island Home - Beginning FY2011) 3,213,041 3,165,920 3,213,000 3,261,000 3,300,000 3,383,000 Add: Additional Subsidy from Free Cash (Our Island Home)- - - - - Transfer to Enterprise Fund (SWEF Operating Override 1999/2006) 1,900,000 2,855,000 2,926,000 2,999,000 3,074,000 3,151,000 3,230,000 Add: Additional General Fund Subsidy to SWEF 2012-Forward* 1,877,522 2,165,085 2,198,000 2,231,000 2,258,000 2,314,000 Add: Additional Subsidy from Free Cash 631,000 - - - Add: Year End Transfers to Enterprise Funds 55,027 Add: Additional Subsidy from Free Cash Unpaid Bills 13,884 - - - - Article 14: Transfer to Enterprise Fund Capital from Free Cash 166,220 - - - - Article XX: Act Relative to William J. Higgins (Rounded) - 29,539 - - - Article 16: County Assessment 100,000 100,000 162,000 166,050 170,201 174,500 178,863 Article 74: to stabilization fund- 00000Total Appropriations#REF!69,871,980$ 73,365,264$ 71,793,770$ 73,113,307$ 74,790,423$ 76,342,622$ Other Required and Recommended Expenditures overlay and other deficits205,983 217,589 400,293415,354 425,738 437,980 438,137 Cherry Sheet Offsets and Charges 338,600 361,358 370,144380,000 399,000 419,000 427,000220,000Total Appropriations and Other Required Expenditures#REF!70,450,927 74,135,70272,589,12473,938,045 75,647,40377,207,759Excess (deficit)#REF!2,711,120 (0) 0 (0) 0 (0) As of 12/2/201112/2/2011 11:52 AM
Town of NantucketGeneral Operating Fund Planning Projection, Revenue2012 Budget, 2013-2016 ProjectionsupdaActualActualprojection projection projection projection projection(745,369.1)fye 2010fye 2011fye 2012fye 2013fye 2014fye 2015fye 2016Property Tax Valuation:(10/31/11)revaluation yearrevaluation yearassessed valuation 20,063,008,015 17,208,429,90517,208,400,000 17,363,300,000 17,571,700,000 17,782,600,000 17,996,000,000Tax Revenue Limitationslevy limit from prior year 50,556,143$ 52,503,548$ 54,149,195$ 56,125,599$ 57,840,739$ 59,604,997$ 61,416,545$ add: 2 1/2 % increase 1,263,904$ 1,312,589 1,353,830 1,403,140 1,446,018 1,490,125 1,535,414 add: Prop 2.5% operating overrideadd: new growth estimate 683,501$ 333,058522,574 312,000 318,240 321,422 320,619add: operating override -33.53%100,000levy limit for current year 52,503,548$ 54,149,195 56,125,599 57,840,739 59,604,997 61,416,545 63,272,577 add: debt exclusion 8,890,665$ 8,964,893 8,709,1306,875,848 6,640,836 6,588,214 6,441,823 less: amount reserved for debt service, prior yr levymaximum allowable levy for current year 61,394,213 63,114,08864,834,729 64,716,587 66,245,833 68,004,759 69,714,400Amt lost due to fractional tax rate / pennyActual tax levy per recapOne penny on the tax rate raises: 203,967$ 176,296$ 177,137$ 178,902$ 181,238$ 186,745$ 189,383$ Residential Tax Rate (estimated) 3.01$ 3.58$ 3.66$ 3.62$ 3.66$ 3.64$ 3.68$ Estimated Revenue and Other Resources: fractional loss (rates are in whole numbers only) Local property taxes (real and personal)61,394,213$ 63,114,088$ 64,834,729$ 64,717,000$ 66,246,000$ 68,005,000$ 69,714,000$ less: fraction of a penny, not taxableLess - allowance for abatement: forecast for 2012is0.00%(832,311)$ (879,419) (1,790,061)(1,010,480) (1,125,093) (1,146,103) (1,251,075)Net available:60,561,902 62,234,66963,044,668 63,706,520 65,120,907 66,858,897 68,462,925State Revenue: Continued decline1,704,342$ 1,620,219 1,616,8381,455,154 1,382,396 1,347,837 1,307,401Local Revenue: Our Island Home * 3,627,591$ 000000 Excise Taxes * 3,138,657$ 4,544,907 4,237,0004,438,000 4,459,690 4,469,839 4,476,395 Licenses & Permits * 931,845$ 1,015,424 1,007,0001,007,7501,010,2691,012,7951,013,808 Fees, rentals, interest * 1,865,467$ 1,031,287 1,017,0001,037,300 1,037,300 1,039,893 1,039,893 Fines, forfeits, penalties * 248,241$ 894,784 838,000829,600 813,008 804,878 796,829 Other *204,446$ 267,481 54,50054,800 55,074 55,349 55,488 Miscellaneous Recurring -$ 63,128 60,00060,000 59,400 57,915 55,019 Non-recurring- 6,843 - - - - - Total Local Revenue10,016,2477,823,8547,213,5007,427,450 7,434,741 7,440,670 7,437,432Total Revenue72,282,491$ 71,678,742$ 71,875,006$ 72,589,124$ 73,938,045$ 75,647,403$ 77,207,759$ Other SourcesEnterprise Fund (Wannacomet, Siasconset, Airport, Sewer, Solid Waste) 6,388,656 - - - Amount reserved for debt serviceFree Cash used (for future years, only stabilization fund amount is shown)1,483,305 2,260,695.17 - - - - Excess Overlay- Transfer from Ambulance Reserve Fund (Article 11)- - - - - - moved excess overlay, as those items are in article 10- Transfer from Ambulance Reserve Fund (Article 8)266,000$ - - - - - - Transfer from Ambulance Reserve Fund (Article 10)- Transfer from Waterways Improvement Fund (Article 10) - Transfer from Capital Projects503,776$ - Transfer from Ferry Fund 150,000$ - - - - - - From RESERVED FUND BALANCE (debt service)Total Revenue and Other Resources79,590,923$ 73,162,048$ 74,135,701$ 72,589,124$ 73,938,045$ 75,647,403$ 77,207,759$ Total Expenditures and Other Uses (budget reprogramming)71,852,818$ 70,450,927$ 74,135,702$ 72,589,124$ 73,938,045$ 75,647,403$ 77,207,759$ Budgetary surplus (deficit)7,738,105$ 2,711,120$ (0)$ 0$ (0)$ 0$ (0)$ As of 12/2/201112/2/2011 11:53 AM
11/28/2011FY 13 Expense Increase Request CategoriesTIER IDeptRequestAmountCode EnforcementTravel$5,000IS/GISSoftware Support Increase$10,000PoliceDispatchers x 2 (incl insurance)$135,258DPWSnow removal$10,000DPWOffice Equipment R/M$500DPWVehicles R/M$1,000DPWRoad Materials$2,600DPWSign Making Materials$13,000TOTAL TIER I$177,358TIER IIDeptRequestAmountHuman ResourcesCopier/Scanner$1,277H & S Servicespart-time Program Assistant (incl insurance)$43,573IS/GISSupport Position$92,354Planning Reclass Increase$15,000DPWSurveying services$25,000TOTAL TIER II$177,204TIER IIIDeptRequestAmountDPWChristmas Tree Expenses$2,000Visitor ServicesSpecial event expenses$1,800TOTAL TIER III$3,800TOTAL$358,362TIER II Criteria: Additional staff/program/service to fill clear resource or service gaps; improvements in serviceTIER III Criteria: Nice to have; addresses an outstanding issue; not critical to town operationsTIER I Criteria: Legal mandate; required licensure-related; immediate cost savings; already committed; necessary maintenance issues
PRELIMINARY Outline II for 2012 Annual Town Meeting Warrant
For 12/07/11 BOS review
NOTE: Numbering & Order is NOT FINAL
Annual Articles
1. Receipt of Reports
2. Appropriation: Unpaid Bills
3. Appropriation: Prior Year Articles
4. Revolving Accounts: Annual Authorization
5. Appropriation: Reserve Fund
6. FY 2012 Budget Transfers
7. Personnel Compensation Plans for FY 2013
8. Appropriation: FY 2013 General Fund Operating Budget
9. Appropriation: Health & Human Services
10. Appropriation: General Fund Capital Expenditures
11. Appropriation: FY 2013 Enterprise Funds Operations
12. Appropriation: Enterprise Funds Capital Expenditures
13. FY 2012 Enterprise Funds Budget Transfers
14. Appropriation: Waterways Improvement Fund
15. Appropriation: Ferry Embarkation Fee
16. Appropriation: Ambulance Reserve Fund
17. Appropriation: County Assessment
18. Appropriation: Finalizing FY 2013 County Budget
19. Rescind Unused Borrowing Authority (may not be needed)
20. Appropriation: CBA/DPW
21. Appropriation: CBA/Fire x 2
22. Appropriation: CBA/Fire
23. Appropriation: CBA/Laborer’s
Other Selectmen Sponsored Articles
NOTE: most of these were reviewed/discussed by BOS or Town Administration since the 2011
ATM
APPROPRIATION or FINANCE RELATED
1. Acquisition of FAA land from GSA (negotiated purchase)?
2. Appropriation for Construction of Wind Turbine at Landfill (debt exclusion override) ?
3. Appropriation for 20 South Water Street Renovation (debt exclusion or capital override)
4. Need to decide which capital articles will be stand-alone, which will be together in
Article 10 and which will be designated in advance as ballot questions on the Annual Election
Warrant
BYLAW AMENDMENTS
1. Amend c. 46 of the Town Code re: Town office locations
Current wording:
All acquisitions by the Town of Nantucket, whether by purchase or by lease, of vacant or
improved land outside the downtown core district, the acquisition of which is for the
construction and/or renovation for use as Town offices, shall require a vote of the Town
Meeting; no offices presently within the downtown core district shall be relocated to any site
outside the downtown core district without a vote of the Town Meeting.
2. Adoption of “Stretch Code” (Green Communities requirement) Should we try again? We
still need the 4 other requirements, even if we adopt this one
3. Proposed Shellfish Bylaw Amendment from SHAB (attached)
4. Amend c. 33-4 of the Town Code re: Personnel Regulations (Airport issue)
5. Try to correct CPC membership bylaw again?
Current wording:
All Town departments and positions, except those under the jurisdiction of the School
Committee; Airport Commission; elected positions; employees of the Wannacomet Water
Company that are under the direction and control of the Nantucket Water Commission; the
positions of Town Counsel, Town Prosecutor and Labor Counsel; and certain positions for
which the compensation is on a fee basis or the incumbents of which render intermittent or
casual services, shall be subject to the provisions of this chapter and any rules and regulations
adopted pursuant to this chapter. Provisions of collective bargaining agreements shall govern
those employees whenever collective bargaining agreements conflict with the provisions of this
chapter and any rules and regulations adopted pursuant to this chapter.
HOME RULE PETITIONS
Resubmittal of Pending HRPs from 2011 ATM (these have not been acted upon by the
Legislature):
1. Article 80 (Amendment of Historic District Commission Act)
This article was a citizen petition, approved by Town Meeting without discussion. It would
amend the definition of a “structure” and also add a section entitled “Applicant’s Rights”.
2. Article 81 (Land Bank Real Estate Conveyance)
Conveyance of Nantucket Islands Land Bank property requires legislative approval. This home
rule petition would allow the Land Bank Commission to dispose of a specific piece of real estate
it currently owns. This home rule petition was also approved at the 2010 annual town meeting as
article 59.
3. Article 82 (Land Bank Real Estate Conveyance)
This article is similar to Article 81, only for a different property.
4. Article 83 (Harbor & Shellfish Advisory Board). This petition, also approved at the 2009
and 2010 annual town meetings, would allow members of the Town’s Harbor and Shellfish
Advisory Board who are commercial fishermen or who make a living from the sea to be exempt
from certain sections of MGL c. 268A through an amendment to the special act which
established the HSAB.
5. Expansion of Room Occupancy Tax to Seasonal Vacation Rentals (Article 66 of 2010
ATM; Article 31 of 2011 ATM – attached with FC Motion) ?? NOTE: This article was defeated
at the 2010 & 2011 ATMs; if we are going to resubmit it, we need to work on an outreach and
education plan; also talk with other towns – who is going to head this up?
6. Seek Amendment to HDC Act to Eliminate the Step of HDC Appeals going to BOS?
(Just an idea)
7. Mosquito Control – Special Legislation
MGL ACCEPTANCES
1. Accept MGL for Senior Citizen Tax Bill Work-off Program
REAL ESTATE RELATED
See Andrew’s list (attached)
ZONING
See Andrew’s list (attached)
OTHER
1. Merge of Sconset Water & Wannacomet Water. In progress.
CITIZEN ARTICLES (all submittals attached)
1. An Act Requiring a Ballot Vote for the Lease or Licensing of Town-owned Land for
Private Erosion Control Measures/C Stover
2. Authorization for Town Clerk to Establish a Revolving Fund for the Preservation of
Town Records/C Stover
3. Amendment to Chapter 67 (Coastal Properties Owned by the Town, Management of) of
the Town Code/C Stover
4. Amendment to Chapter 67 (Coastal Properties Owned by the Town, Management of) of
the Town Code/C Stover (#2)
5. Amendment to Chapter 103 (Parking) of the Town Code/G Sanders
6. Transfer from Available Funds $150,000 for Tick Control Program for FY 2014/C
Dunton
7. Transfer from Available Funds $45,000 for Tom Nevers NRTA Route/C Dunton
8. Zoning: Map Change/Lots on Thurston’s Way/M Gillies
9. Real Estate Conveyance: 149 Surfside Road/J Glidden
10. Appropriation of $500,000 for Bike Lane on Tom Nevers Road/P Bartlett
11. FY 12 Community Preservation Fund Transfers/K Beaugrand
12. FY 13 Community Preservation Fund Expenditures/K Beaugrand
13. Request for Approval to Borrow $1,100,000 for Artificial Turf Field (Debt Service to be
funded from CPC Funds)/K Beaugrand
14. Replacement of Chapter 67 (Coastal Properties Owned by the Town, Management of) of
the Town Code with a new Chapter 67 (Use of Town Real Property for Coastal Protection)/A
Reade
15. Replacement of Chapter 67 (Coastal Properties Owned by the Town, Management of) of
the Town Code with a new Chapter 67 (Use of Town Real Property for Coastal Protection)/A
Reade (#2)
16. Deletion of Chapter 67 of the Town Code/A Reade
17. Zoning: Solar Energy Overlay District/C Stott
TOWN OF NANTUCKET
BOARDS, COMMISSIONS &
COMMITTEES MANUAL
ADOPTED
SEPTEMBER 23, 2009
(UPDATED JUNE 9, 2010)
TABLE OF CONTENTS
SECTION 1 - INTRODUCTION............................................................................................................- 1 -
A. PURPOSE OF MANUAL .......................................................................................................................- 1 -
B. BACKGROUND...................................................................................................................................- 1 -
SECTION 2 – CODE OF CONDUCT....................................................................................................- 2 -
A. COMMUNITY RESPONSIBILITY ..........................................................................................................- 2 -
B. RESPONSIBILITY TO MUNICIPAL ADMINISTRATION...........................................................................- 3 -
C. RELATIONSHIP TO OTHER BOARD, COMMISSION, OR COMMITTEE MEMBERS...................................- 3 -
D. PROHIBITED CONDUCT......................................................................................................................- 4 -
SECTION 3 – TYPES OF COMMITTEES...........................................................................................- 5 -
A. POLICY SETTING...............................................................................................................................- 5 -
B. ADVISORY.........................................................................................................................................- 5 -
C. OVERSIGHT .......................................................................................................................................- 6 -
D. REGULATORY....................................................................................................................................- 7 -
SECTION 4 – MEMBERSHIP ...............................................................................................................- 8 -
A. APPOINTMENTS.................................................................................................................................- 8 -
B. DURATION OF APPOINTMENTS ..........................................................................................................- 8 -
C. REAPPOINTMENT...............................................................................................................................- 8 -
D. LEADERSHIP......................................................................................................................................- 9 -
E. RESIGNATIONS & FILLING OF VACANCIES.........................................................................................- 9 -
F. RESTRICTIONS ON MEMBERS OF BOARDS AND COMMITTEES ..........................................................- 10 -
SECTION 5 – MEETINGS....................................................................................................................- 10 -
A. ATTENDANCE..................................................................................................................................- 10 -
B. OPEN MEETING LAW.......................................................................................................................- 10 -
C. WHAT IS A MEETING? .....................................................................................................................- 12 -
D. TYPES OF MEETINGS: PUBLIC MEETING & PUBLIC HEARING.........................................................- 12 -
E. LOCATION & POSTING OF MEETINGS ..............................................................................................- 13 -
F. CONDUCT OF MEETINGS..................................................................................................................- 14 -
G. VOTING............................................................................................................................................- 14 -
H. AGENDAS........................................................................................................................................- 15 -
I. MEETING MINUTES...........................................................................................................................- 15 -
J. PUBLIC RECORDS.............................................................................................................................- 15 -
SECTION 6 – COMPENSATION & REIMBURSEMENT...............................................................- 16 -
A. COMPENSATION ..............................................................................................................................- 16 -
B. REIMBURSEMENT.............................................................................................................................- 16 -
SECTION 7 – RELATIONSHIP BETWEEN TOWN PERSONNEL AND BOARDS AND
COMMITTEES ......................................................................................................................................- 17 -
MEDIA RELATIONS............................................................................................................................- 18 -
Section 1 - Introduction
Boards, commissions, and committees play an important role in the Town of Nantucket’s
municipal government. Citizens who serve on a board, commission, or committee
provide a valuable public service to the Town by helping to find ways to address a broad
array of issues, challenges, and opportunities facing the community.
A. Purpose of Manual
As a member of a board, commission, or committee, citizens become representatives of
the Town of Nantucket. This manual has been prepared to assist members of all Town of
Nantucket boards, commissions, and committees to fulfill this responsibility by: helping
members in understanding their role in Town government; providing information on how
Town boards, commissions, and committees function; providing information on state and
local laws that govern the work of boards, commissions, and committees; and providing a
code of conduct for members of boards, commissions, and committees.
The Town of Nantucket has thirty-seven standing elected and appointed boards,
commissions, and committees that combined have well over two hundred members. This
does not include ad hoc committees, of which the Town may have a number at any given
time, created to study a specific issue. Having a clear understanding of the role boards,
commissions, and committees play in Nantucket’s municipal government will help
citizens have a productive and positive experience serving as a volunteer on a Town
board, commission, or committee.
B. Background
The Town of Nantucket is a municipality organized and operated in accordance with
Massachusetts General Laws. The Town Charter for the Town of Nantucket dictates the
structure of Nantucket’s municipal government, and identifies the responsibilities of the
various entities that comprise the Town’s government.
The Board of Selectmen serves as the executive branch of Nantucket’s municipal
government and is responsible for establishing public policies and providing overall
direction to the Town’s operations. The Town Manager is responsible for the
administration and efficient operations of the Town. The Town Manager directs and
supervises Town operations and employees with the aim of achieving the Board’s goals
and objectives, while at the same time carrying out the other obligations of Town
management established in local, state, and federal law.
- 1 -
Nantucket has a long tradition of citizen involvement in its municipal government.
Boards, commissions, and committees provide an opportunity for citizens to directly
participate in their municipal government. The role of a board, commission, or
committee varies depending on its charge. Generally, a board, commission, or committee
fulfills one of the following primary roles: (1) policy setting; (2) policy advisory; (3)
regulatory; or (4) oversight. The majority of Town committees are advisory committees
created by the Board of Selectmen to gain insight and input from citizens on public
policy matters. Whether fulfilling the role of policy setting, policy advisory, regulatory,
or oversight, all boards, commissions, and committees should consider the present and
future best public interest or interests of the Town as a whole in their deliberations.
Section 2 – Code of Conduct
Members of municipal boards, commissions, and committees are considered municipal
employees under the Conflict of Interest law, and are subject to the provisions of Chapter
268A of the Massachusetts General Laws (MGL), which is enforced by the State Ethics
Commission. This statute assigns personal responsibility to regular and special municipal
employees, which includes elected and appointed volunteers, in four general categories.
These categories are: (1) Community Responsibility; (2) Responsibility to Municipal
Administration; (3) Relationship to other Board and Committee Members; and (4)
Prohibited Conduct.
Any questions concerning ethics violations or the four general categories of responsibility
should be referred to the State Ethics Commission. The State Ethics Commission will
provide guidance on whether a disclosure should be filed for any potential conflict of
interest. If a disclosure is required, appointed members of boards, commissions, and
committees will need to file a conflict of interest disclosure with the appropriate
appointing authority, which is usually the Board of Selectmen. Members of elected
boards, commissions, and committees will need to file a disclosure with the Town Clerk.
The State Ethics Commission website www.mass.gov/ethics provides additional
information concerning potential conflicts of interest.
A. Community Responsibility
A member of any board, commission, or committee in the member’s relations with the
community shall:
1. Realize that the member’s basic function is to make policy or provide advice on
making policy, and not to administer policy unless prescribed by law;
2. Realize that the member is one of a team and should abide by, and assist in
carrying out, all decisions of the board, commission, or committee once a
decision is made by the board, commission, or committee;
- 2 -
3. Be well informed concerning the duties and responsibilities the board,
commission, or committee may have on the state and local level, as well as a
member’s individual duties and responsibilities;
4. Remember that the member represents the entire community at all times;
5. Accept the appointment as a means of unselfish service, and not for the purpose
of personal or political benefit;
6. Make all decisions relative to individual appointments based only upon merit,
experience, and qualifications to avoid political patronage; and
7. Avoid voting on any matter in which the individual member has a conflict of
interest, as defined under the Massachusetts Conflict of Interest Law, MGL c.
268A.
B. Responsibility to Municipal Administration
A member of any board, commission, or committee in interactions with the
administrative officers of the Town shall:
1. Respect the role of professional management as outlined in the Town Charter;
2. Recognize and support the administrative chain of command and refuse to act on
complaints as an individual outside of the administration;
3. Recognize that binding decisions of a board, commission, or committee are
enforced by administrative officers of the Town; and
4. Direct all questions or concerns first to the appropriate Town personnel, then to
the Town Manager, and if necessary to the Board of Selectmen. This is the most
expedient way to resolve issues that need to be addressed. However, these Town
officials may not have jurisdiction over issues relating to other elected officials.
C. Relationship to Other Board, Commission, or Committee Members
A member of any board, commission, or committee, in the member’s relations with
fellow board members, shall:
1. Recognize that action at an official legal meeting is binding and that a single
member alone cannot bind the board, commission, or committee outside of an
official meeting;
2. Not make statements or promises of how the member will vote on matters that
come before the board, commission, or committee until the member has had an
opportunity to hear all aspects and sides of the issue during a public meeting;
- 3 -
3. Uphold the intent of the Executive Session and respect the privileged
communication that exists in Executive Session;
4. Make decisions only after all facts on a question have been presented and
discussed; and
5. Respect the rights of members of the public, Town personnel, and other members
of the board, commission, or committee, despite differences of opinion.
D. Prohibited Conduct
A member of any board, commission, or committee, in accordance with Massachusetts
General Law, Chapter 268A, may NOT:
1. Accept gifts or other considerations or engage in any business or professional
activity which might appear to impair a member’s independence of judgment in
the exercise of the member’s official duties;
2. Improperly disclose confidential information acquired by the member in the
course of the member’s official duties, and not use information to further the
member’s personal interest;
3. Use or attempt to use the member’s official position to secure unwarranted
privileges or exemptions for the member or others;
4. By the member’s conduct give reasonable basis for the impression that any
person can improperly influence the member or unduly enjoy the member’s favor
in the performance of the member’s official duties, or that a member is unduly
affected by the kinship, rank, position, or influence of any party or person;
5. Pursue a course of conduct that will raise suspicion among the public that the
member is likely to be engaged in acts that are in violation of the public’s trust;
and
6. Participate in any matter before the board, commission, or committee in which
the member has a direct financial interest, or an immediate family member has a
direct financial interest.
Members of boards, commissions, or committees are not subject to any restrictions
concerning political activity. However, all members have an obligation to foster a sense
of public trust. To foster this trust, individual members have a responsibility to make
known to a board, commission, or committee any personal interest or issue that pertains
to a matter under consideration by the board, commission, or committee.
- 4 -
Section 3 – Types of Committees
Whether elected or appointed, boards, commissions, or committees typically fall into one
of four categories: policy setting, policy advisory, regulatory, or oversight. The authority
for the existence and duties of such boards can arise from state statutes, the Town
Charter, or from local bylaws.
Generally speaking, a board or commission is a stand-alone entity that deliberates on
specific issues outlined in the law creating the board or commission. A committee
typically is a subset of an entity that is created to develop recommendations on a specific
issue. For example, the Board of Selectmen creates citizen advisory committees to
review specific issues for the purpose of developing recommendations to be considered
by the Board of Selectmen.
For stylistic purposes, the term board(s) and committee(s) will be a general term used to
refer to boards, commissions, and committees for the remainder of this manual.
A. Policy Setting
Under the Nantucket Town Charter, the five-member Board of Selectmen serves as the
executive branch of government, a role it shares with the Town Manager in a relationship
defined by the Town Charter. The Board of Selectmen serves as the primary executive
policy setting entity in Town government, articulating the priorities and goals of the
Town. This includes providing direction that other municipal entities, such as
committees, are encouraged or mandated to follow. The statutory authorities and
obligations of the Board of Selectmen are established in state law and defined in Article
III of the Town Charter.
As an elected board, members of the Board of Selectmen are directly accountable to the
citizens of Nantucket. The Board of Selectmen is responsible for appointing members to
most non-elected Town boards and committees. Article III, Section 3.4 (a)(3) of the
Town Charter details the Board’s appointing authority.
By law, the authority of a board or committee may not exceed the authority of its
appointing authority, which is most commonly the Board of Selectmen. Subsequently,
unless specified in state or local law, the authority of a board or committee appointed by
the Board of Selectmen may not exceed the authority of the Board of Selectmen.
B. Advisory
In order to set policy, or determine if an issue should be brought to Town Meeting, the
Board of Selectmen receives reports and recommendations from a number of advisory
boards or committees that are established in state or local law, or are created by the Board
of Selectmen. The Shellfish and Harbor Advisory Board is an example of a statutorily
created advisory board. Pursuant to the Town Charter, the Board of Selectmen may
create committees to study issues and make recommendations on specific public policy
- 5 -
issues. An example of an advisory committee created by the Board is the Beach
Management Advisory Committee.
Advisory boards and committees serve the important role of collecting and analyzing
information in order to develop recommendations on a public policy or issue. An
advisory board or committee has considerable autonomy in developing
recommendations; however, an advisory board or committee has no independent
authority and its recommendations are not binding. The Board of Selectmen considers
the recommendations of advisory boards or committees in its public policy deliberations
and consideration of issues affecting the public. Some advisory boards or committees
provide recommendations to entities outside of Town government. For example, the
Commission on Disability provides advisory recommendations to the public as well as to
the state Architectural Access Board.
When creating an advisory committee, the Board of Selectmen will specify the charge,
the membership, and the duration of the committee. After a committee elects officers,
the committee may propose specific objectives to refine its charge. If the committee is
not a standing advisory committee, then the committee may propose a timeline for
completing specific objectives. A proposed change to an advisory committee’s charge
does not take effect unless it is approved by the Board of Selectmen.
C. Oversight
An oversight board or committee provides limited oversight that is defined in statute.
The oversight function provided by these types of boards and committees is most often
defined in the statute, which is primarily state law, that creates the board and committee.
An oversight board or committee has a responsibility beyond researching and making
recommendations on issues. As a result of these responsibilities being defined in statute,
the additional responsibilities of oversight boards and committees varies. An oversight
board or committee will have at least two of the following characteristics, unless its
oversight responsibility is clearly defined in statute: (1) have limited policy making
authority; (2) hold or approve the use of funds, apply for grants, or award grants; (3) be
responsible for designing, promoting, or coordinating services; (4) have the authority to
hold property; or (5) be responsible for the oversight of a specific Town function as
defined in statute. Oversight boards or committees that oversee an enterprise fund, such
as the Airport Commission and Water Commission, may also maintain a budget and raise
revenues.
The Scholarship Committee is an example of an oversight board or committee because it
may award grants in the form of scholarships, and has oversight of the Town’s
scholarship program. The Nantucket Land Bank Commission is an example of an
oversight board or committee that may hold property. In addition to holding property, the
Nantucket Land Bank Commission administers and manages conservation programs on
behalf of the Town. The Audit Committee is an example of a committee that has a
- 6 -
clearly defined responsibility, which is to provide oversight for the Town’s audits and
accounting procedures.
An oversight board or committee is not responsible for the day-to-day or administrative
operations of Town departments. The responsibility of administrative operations is
outlined in the Town Charter, and in most cases is a responsibility of the Town Manager.
Departments will frequently provide services additional to those services for which a
board or committee may have oversight responsibilities.
D. Regulatory
Whether elected or appointed, regulatory boards or committees exercise legal authority
over the issues and activities explicitly delegated to them by state or local law. Examples
of regulatory boards and committees include the Historic District Commission, the
Planning Board, the Conservation Commission, and the Zoning Board of Appeals. The
authority of a regulatory board or committee is limited to the authority outlined in the
statute that establishes the board or committee. A regulatory board or committee has no
authority over issues that are outside or beyond its statutory charge.
Understanding the role of a board or committee is particularly important for regulatory
boards and committees that have permitting authority. For example, a new construction
project may need several permits to ensure the project will comply with state and local
laws before construction can begin. The project may require: (1) a special permit from
the Zoning Board of Appeals to ensure the project complies with zoning laws; (2) a
permit from the Conservation Commission to ensure the project complies with state and
local environmental protection laws; and (3) approval from the Historic District
Commission to ensure any structures are in accordance with the Town’s historic
guidelines. In such a case, each regulatory committee makes decisions independently to
fulfill its charge. The Conservation Commission does not consider the historic aspects of
the project, as the Historic District Commission does not consider required environmental
protection aspects of the project.
There may be a time when a regulatory board or committee may make a decision
independently that contradicts the decision of another regulatory board or committee. In
these instances, good communication between the boards or committees can help to
ensure the concerns of each board or committee are addressed. Professional staff who
work with a regulatory board or committee may be able the help resolve contradictory
decisions when they arise. While an applicant is responsible for meeting permitting
requirements, professional staff can assist applicants to ensure that the concerns of a
regulatory board or committee are addressed.
A regulatory board or committee is not responsible for the day-to-day or administrative
operations of Town departments. The responsibility of administrative operations is
outlined in the Town Charter, and in most cases is a responsibility of the Town Manager.
Town Departments frequently provide administrative and support functions additional to
those functions for which a board or committee may have regulatory authority.
- 7 -
Section 4 – Membership
A. Appointments
Members of boards or committees may be elected, appointed by the Board of Selectmen
or Town Manager, or their appointment may be established in statute. Generally, most
at-large committee appointments are made the Board of Selectmen, and boards may be
elected or appointed. The membership of some boards and committees require a
representative from another board or committee, or Town agency. Appointment of such
board or committee members is made by the entity being represented. For example, the
membership of the Contract Review Committee includes one representative from the
Finance Committee; accordingly, the Finance Committee will appoint a member to serve
on the Contract Review Committee.
All members of all boards and committees must be sworn in by the Town Clerk prior to
the member’s first meeting and before the commencement of each term for re-appointed
members. Members of multiple boards or committees must be sworn in for each board or
committee on which they serve. A copy of this manual and of the Open Meeting Law
will be provided by the Town Clerk to all board and committee members after their
swearing in.
Citizens are encouraged to attend meetings of a board or committee of interest to learn
about the board or committee and its role in the community before applying to be
appointed to the board or committee. The appointment process for advisory boards and
committees traditionally begins every year in April when board and committee openings
are advertised. The Board of Selectmen will hold public hearings before making
appointments, which usually occur in June. Boards and committees may recommend or
nominate a member or members when required, unless otherwise specified in language
creating a board, commission or committee.
B. Duration
The term of elected boards and committees are outlined in statute. For example,
members of the Planning Board serve five year terms, and members of the Board of
Selectmen serve three-year terms.
The terms for appointed boards and committees may vary depending on the reason for the
creation of the board or committee. The term of an ad hoc committee will usually be for
the time it takes to develop recommendations on a specific issue. Standing advisory
boards or committees generally have three-year terms.
C. Reappointment
- 8 -
A board or committee member will be notified when the member’s term of appointment
is about to expire. Board or committee members who wish to continue serving on a
committee may apply to be reappointed to the committee. Reappointment is based on an
evaluation by the appointing authority of the member’s contribution to the board or
committee. A board or committee member is under no obligation to accept
reappointment, nor is the appointing authority obligated to offer reappointment.
D. Leadership
Unless specified in statute, the officers of a board or committee are chosen by the voting
members of the board or committee. Board and committee officers usually are a
Chairman or Chairperson, hereafter referred to as the “Chair,” Vice-Chair, and Secretary.
To ensure proper communication between advisory boards and committees and the Board
of Selectmen, advisory boards and committees are to inform the Board of Selectmen of
the names of officers when they are elected.
The Chair of a board or committee plays a vitally important role in the operations of the
board or committee. The Chair of a board or committee presides over public meetings
and public hearings. If the Chair leaves a public meeting, then the Vice Chair or another
board or committee member designated by the Chair may preside over a meeting. If the
Chair or Vice Chair is not present at the beginning of a public meeting, and there is a
quorum, then any member of the board or committee may call the meeting to order. If
this happens, then the board or committee should immediately elect a Chair pro-tem to
preside over the meeting. The pro-tem Chair will serve until the regularly elected Chair
or Vice Chair enters the meeting or another Chair pro-tem is elected.
When presiding over a meeting, it is the Chair’s responsibility to ensure that proceedings
are conducted in a civil and courteous manner. This can be challenging when a board or
committee is considering a contentious issue. However, all participants in a proceeding,
including the applicant, public, board or committee members, and staff, should be treated
respectfully.
The Chair of a board or committee also serves as the point of contact between a board or
committee and Town personnel who provide staff support to the committee. Section 5 of
this manual discusses the relationship between Town personnel and boards and
committees.
E. Resignations & Filling of Vacancies
A board or committee member who is no longer able to serve on a board or committee
should resign promptly to allow for the appointment of an active member. Resignations
must be submitted in writing to the board or committee Chair, Town Clerk, and Board of
Selectmen. The Board of Selectmen or other appointing authority may appoint a new
member to a board or committee outside of the annual appointment process. Vacancies
for elected boards or committees are filled according to statute.
- 9 -
The Board of Selectmen may remove members of appointed boards and committees for
cause. The removal of members from certain boards and committees requires a public
hearing. Section 3.4 (a)(3) of the Town Charter governs criteria for removal.
According to the Town Charter, the Board of Selectmen may remove an appointed
member of a board or committee on grounds of: (1) incapacity beyond temporary illness;
(2) chronic nonattendance; or (3) violation of the oath of office.
F. Restrictions on Members of Boards and Committees
Massachusetts General Law 268A §17, establishes that municipal employees, which
includes unpaid members of municipal boards and committees, may not receive
compensation for the discharge of official duties other than from the municipality the
employee serves. The law has an exception for “special municipal employees” that limits
prohibited activity. Under this exception, a special municipal employee is only
prohibited from receiving compensation for providing representation on a matter pending
before the specific board or committee on which the special municipal employee serves.
A special municipal employee may be paid to provide representation before a board or
committee on which the special municipal employee does not serve. There are limited
circumstances where a special municipal employee may be allowed to represent an
immediate family member before the board or committee on which the special municipal
employee serves. As this law is nuanced, it is suggested that any board or committee
member contemplating offering third party representation before a Town board or
committee contact the State Ethics Commission for guidance on a specific situation.
Members of the following boards and committees have been designated special
municipal employees: Board of Selectmen; Nantucket Cultural Council; Planning Board;
Conservation Commission; Airport Commission; Historic District Commission; Zoning
Board of Appeals; Visitor Services & Information Advisory Committee; Finance
Committee; Park and Recreation Committee; Capital Program Committee; Abatement
Advisory Committee; and Nantucket Water Commission.
Section 5 – Meetings
A. Attendance
In general, boards and committees meet regularly. Members of a board or committee are
expected to attend all regular meetings of the board or committee.
B. Open Meeting Law
The Massachusetts Open Meeting Law (MGL Chapter 39, § 23B) requires that all boards
and committees conduct their business in open meetings before the public eye. Except in
very specific cases outlined in the law, the public and the press have the right to attend all
meetings of government bodies. The format and requirements for such meetings may
vary depending upon the type of meeting that is being held. The obligations on the
members of boards and committees may also vary.
- 10 -
The exception is “executive session” which permits a board or committee to conduct a
closed-door meeting on several very narrow grounds. Entering executive session requires
strict adherence to the law and creates legal obligations on the board or committee and its
members both prior to and after the executive session. It is recommended that no board
or committee enter executive session without guidance from a Department Head or other
Town official with expertise on the matter.
While how strictly certain boards or committees may need to adhere to the Open Meeting
Law may vary depending on the type of board or committee, there are certain aspects of
the Open Meeting Law that must be followed by all boards and committees.
A quorum of board or committee members may discuss board or committee
business only at properly noticed public meetings.
Under the Open Meeting Law, the use of technology for communication may be
considered a public meeting. The Open Meeting Law prohibits the use of email
or telephone conferences by a quorum of a board or committee to consider board
or committee business. Email may be used to provide information, or to
determine the availability of members for a meeting. However, members must
refrain from commenting on information provided in an email. Comments on
information provided via email should be reserved for a posted public meeting of
a board or committee. Board or committee members may not “reply all” to
express an opinion on information that is shared via email.
The Open Meetings Law prohibits “revolving door” meetings, in which a quorum
of members participates in serial fashion. This includes the use of email.
Collecting independent email responses from board or committee members is no
different than members of a board or committee commenting on an issue by a
“reply all” email.
Advances in technology require additional diligence by board and committee members to
be in compliance with the Open Meeting Law. The advent of the internet has created
new venues to exchange ideas such as chat rooms, message boards, and blogs which
allow for instant dialogue on a wide variety of topics. In response, the state has amended
the definition of deliberation to include “oral or written communication through any
medium, including electronic mail, between or among a quorum of a public body on any
public business within its jurisdiction . . . .” MGL 30A §18 (emphasis added).
All members of a board or committee should receive a copy of the Open Meeting Law
from the Town Clerk’s office when they are sworn in. Appendix 2 of this manual
provides more information on the Open Meeting Law and interaction between board and
committee members and the public.
- 11 -
C. What is a Meeting?
A meeting occurs any time a quorum, which is usually a simple majority of members of a
board or committee meet and discuss or consider any public business or policy over
which the board or committee has some jurisdiction or advisory power. A quorum
cannot be established by having a board or committee member participate in a meeting
via telephone or other means of electronic communication; members must be present at
the meeting to constitute a quorum. Through revisions to MGL 30A §20(d), the state has
granted the Attorney General’s Office authority to create regulation that may provide for
limited electronic participation in a public meeting. As of the publication date of this
document, no such regulation has been issued. Accordingly, electronic participation is
presently prohibited.
A quorum of a board or committee may not meet in private for purposes of deciding or
deliberating towards a decision on a matter before a board or committee. Polling of
board or committee members on a pending decision prior to an open meeting of a board
or committee violates the Open Meeting Law. Polling of board or committee members is
a form of a “revolving door” meeting.
If a scheduled meeting of a board or committee has less than a quorum, the only action a
board or committee may take is to adjourn the meeting or schedule the next meeting of
the board or committee.
D. Types of Meetings: Public Meeting & Public Hearing
There are two types of board or committee meetings: (1) public meetings and (2) public
hearings. Public meetings and public hearings (which are held within public meetings)
are held in conformance with the Massachusetts Open Meeting Law and the Code of the
Town of Nantucket.
Public meetings are conducted so that a board or committee may discuss the business of
the board or committee. For example, an advisory board or committee will hold a public
meeting to discuss a public policy issue for which it may make a recommendation to the
Board of Selectmen. Public testimony at a public meeting is taken at the discretion of the
Chair of a board or committee. While the public has the opportunity to address an issue
during the public comment portion of a public meeting, a board or committee is not
required to allow public testimony on every issue it considers. However, traditionally
boards and committees will provide the public the opportunity to speak on an issue.
Public participation in a board or committee’s discussions or deliberation is at the
discretion of the Chair, which may include limiting the amount of time a member of the
public is allowed to speak. To act on a matter or adopt a position on an issue, a quorum
of the board or committee must be present.
Public hearings are conducted with an appropriate degree of formality, in accordance
with Roberts Rules of Order, and with reference to state and local laws and regulations.
- 12 -
Public hearings are conducted for the same overall reasons as the public meeting – to
protect both the public interest and the rights of individuals – with the additional purpose
of gathering relevant information from an applicant, interested parties, and the public at
large. A public hearing also provides a board or committee with the means of gathering
the information necessary to develop an informed opinion and to issue permits or licenses
that are fully supported by the appropriate facts and laws. During a public hearing,
boards and committee are required to take public testimony. Once a public hearing is
closed, a board or committee may continue to discuss an issue without taking further
testimony from the public.
To act on a matter that has had a public hearing, a quorum of the board or committee
members who participated in the public hearing must be present. A member of a board
or committee who has missed a single public hearing may vote on the matter in question
after signing an affidavit that states the member has reviewed the entire file and listened
to the audio tape of the missed meeting. If the membership of a board or committee
changes after a public hearing and before a decision is rendered on the matter heard, and
a quorum of members who participated in the public hearing no longer serve on a board
or committee, then a new public hearing must be opened. Reference to the prior public
hearing may not be made during the new public hearing.
E. Location & Posting of Meetings
Boards and committees should establish a regular meeting schedule to suit the needs and
convenience of the members; however, all meetings must be held in a public location that
is accessible to people with disabilities. It is recommended that boards and committees
hold meetings at a consistent location to the extent possible. Having a consistent meeting
location helps to ensure public access to board and committee meetings.
By law, it is the responsibility of a board or committee to provide written public notice of
any meeting at least forty-eight hours prior to the board or committee’s meeting. The
forty-eight hours may not include Saturday, Sunday, or holidays. The public notice must
include the time, date, and location of the meeting, as well as a list of topics reasonably
anticipated to be discussed, and must be in compliance with the Open Meeting Law.
The Town Clerk’s office maintains a central posting board in the Town Building that
provides public notice for all public meetings. While only personnel in the Town’s
Clerk’s office may post the actual meeting notice on the posting board, it is not the
responsibility of the Town Clerk’s office to ensure that a completed posting notice is
submitted for posting pursuant to the requirements of the Public Meeting Law. A board
or committee calling a meeting is responsible for ensuring that there is proper public
notice of a meeting, and is responsible for providing a completed public meeting posting
notice to the Town Clerk’s office. The Town Clerk’s office will provide the posting
notice that needs to be completed by a board or committee.
- 13 -
F. Conduct of Meetings
Pursuant to Sections 1-7 of the Code of the Town of Nantucket, boards and committees
conduct business in accordance with parliamentary procedure as set out by Roberts Rules
of Order. The tenth edition is the most recent and presently effective version of Robert
Rules of Order. Appendix 3 of this manual provides fundamental parliamentary
procedures outlined in Robert’s Rules of Order.
G. Voting
A vote of a board or committee is necessary for a board or committee to make a
recommendation or decision, or take a position on an issue. Any member of a board or
committee may make a motion to vote on business pending before a board or committee.
Unless specified in state law or local bylaw, a motion passes if a simple majority of board
or committee members vote in favor of the motion, and it fails if a simple majority of
committee members vote against the motion. For some decisions state or local law may
require a super majority, such as a two-thirds majority, for a motion to be adopted.
Boards or committees that require a super majority for some votes are supported by
professional staff who will advise when a super majority vote is necessary. Once a board
or committee adopts a motion then it becomes the official position of the board or
committee on the issue for which the motion was made.
In the event of a tie vote on a motion, the motion fails. If a motion fails, then the board or
committee has not taken action on the issue for which the motion was made. A board or
committee must take affirmative action, which means adopting a motion by the required
majority vote, to take action on an issue pending before a board or committee. If a
motion fails because it did not receive the necessary majority vote, then another motion is
necessary for a board or committee to take action on the matter for which the failed
motion was made. In most cases, a matter can be deferred for action by a board or
committee to a later date. However, some regulatory boards and committees have
restrictions on carrying matters forward and there may be time constraints on when the
regulatory board or committee has to take action on a matter pending before the board or
committee. Regulatory boards and committees should consult with the professional staff
to ensure that there are no inadvertent or unintended consequences which may result from
failure to take action on a matter pending before the board or committee.
To vote on a motion a board or committee member must be present at the meeting when
the motion is made. Voting cannot be done by proxy, telephone, or electronic
communication.
A formal vote is not required for routine business, such as the approval of meeting
minutes. A board or committee may conduct routine business through the general
consensus of the board or committee. If a member objects to approving a matter by
general consensus of the board or committee, then a formal vote is required.
- 14 -
H. Agendas
The Chair of a board or committee is usually tasked with preparing the agenda for a
board or committee meeting. If Town personnel staff a board or committee, then for
practical reasons, the setting of an agenda for a board or committee meeting is usually
done in consultation with staff. Agendas for public meetings may vary slightly for a
board or committee; however, agendas generally will include:
Calling the Meeting to Order
Approval of Minutes
Committee Business
New Business
Old Business
Adjournment
An agenda for a public meeting may include a public hearing. While part of a public
meeting, the conduct of a public hearing is much different than the conduct of a public
meeting. Staff can be consulted on how public hearings are conducted for specific boards
or committees. Information on public hearings is in Section 5(D) of this manual.
I. Meeting Minutes
All boards and committees must keep minutes of every committee meeting. Boards and
committees will often select a Committee Secretary, who is a member of the board or
committee that is responsible for keeping meeting minutes.
Meeting minutes provide an official record of the actions and votes taken by a board or
committee during a meeting and a summary of the important topics raised and discussed.
They are not intended to be a verbatim transcript of the meeting, but must contain a
summary of each subject discussed, a list of documents and other exhibits used at a
meeting, and decisions made, and actions taken on each matter. Additional information
on what meeting minutes should contain is provided in Appendix 3.
Prior to voting to approve the minutes, members of the board or committee will be given
the opportunity to review minutes of a previous meeting. A board or committee may vote
to correct minutes to ensure they accurately reflect the prior proceeding.
Minutes become the official record of a meeting only after they have been approved by
the committee. However, meeting minutes are considered a public record before they are
formally approved by a board or committee, and draft meeting minutes are subject to
public records requests.
J. Public Records
The Massachusetts Public Records Law (MGL Chapter 66, §10) provides the public with
the right to access public records. What constitutes a public record is broadly defined,
- 15 -
and includes all documentary materials made or received by any town official, board or
committee member, or employee. There are specific exceptions for documents related to
personnel and medical files, proposals and bids, and appraisals of property that are not
subject to public records requests under the Public Records Law.
All minutes, informational data, photographs, recordings, maps, memoranda, and
circulated materials used by a board or committee, including notes, recordings, or other
materials used to prepare minutes, are part of the official record of the session and must
be maintained. Town Administration or the appropriate Town personnel should be
consulted if a board or committee has a question concerning the public records status of a
specific document. Boards and committees should coordinate any response to a public
records request with Town Administration.
Section 6 – Compensation & Reimbursement
A. Compensation
With the exceptions of the Selectmen and the Abatement Advisory Committee, all
members of boards and committees serve on a volunteer basis and receive no
compensation for their service.
B. Reimbursement
The Town may pay some expenses for board and committee members that are incurred
while conducting board or committee business. The types of expenses for which the
Town may provide payment include travel expenses and the cost of seminars that are held
off-island. Any expenses the Town may pay are subject to the availability of funding and
approval by the appropriate Town personnel.
Approval for reimbursement must be sought prior to any expense being incurred.
Department Heads supporting the operations of a board or committee will decide if a
reimbursement request will be approved. For any board or committee that is not directly
supported by Town personnel, the Town Manager must approve any reimbursement
request.
Reimbursements that are approved will be made consistently with the Town’s
reimbursement policy, which requires that a receipt is provided for all expenses for which
reimbursement is being sought. Town policy also limits the level of reimbursement for
certain per diem expenses such as meals. A Town Expense Report must be completed to
receive reimbursement for per diem expenses. Any questions regarding reimbursement
should be referred to Town Administration.
- 16 -
Section 7 – Relationship between Town Personnel and
Boards and Committees
Article IV of the Town Charter for the Town of Nantucket outlines the responsibilities of
the Town Manager, who is the chief administrative officer for the Town of Nantucket.
According to the Town Charter, the Town Manager is responsible for the efficient
operations of the Town and its departments. Working with Town Department Heads, the
Town Manager is ultimately responsible for all personnel and administrative processes of
the Town and its departments. As a result, Town personnel report to Town Department
Heads and ultimately to the Town Manager. Town personnel do not report to boards or
committees.
While Town personnel do not report to boards or committees, Town personnel do fulfill
an important support and advisory role for boards and committees. Town personnel
support boards and committees to help them carry out their charge or assignment. In
some instances, Town personnel may be ex officio (who can be voting or non-voting
depending on the appointment criteria) members of a board or committee, but may or
may not participate in the board or committee’s decision making process. Town
personnel may be assigned to assist a board or committee and may provide administrative
assistance to the extent possible. This assistance may include preparing staff reports and
providing analysis and information to assist a board or committee in developing its
recommendations or decisions on a specific matter, or to assist a board or committee in
carrying out its statutory charge.
Town personnel support the work of a board or a committee as a whole, and not
individual members of a committee. Any requests for information or support should be
made by the board or committee during a public meeting and should clearly be within the
framework of the board or committee’s charge or assignment. Town personnel will
determine the way to meet the request of a board or committee. Individual members of a
board or committee, or a board or committee as a whole, do not direct the work of Town
personnel.
Formal contacts between members of a board or committee and Town personnel should
be limited to the personnel assigned to support the board or committee. Department
Heads are the point of contact between a board or committee and a Town department.
Individual committee members should not ask for individual reports, favors, or special
consideration from Town personnel.
Information requests of a board or a committee that are made outside of a public meeting
should be made through the Chair of the board or committee to the appropriate Town
personnel. The request for information should be for the entire board or committee.
Membership on a board or committee does not give an individual member greater access
to information than the general public, and requests for information from an individual
member of a board or committee are treated as a request for information from the general
public.
- 17 -
When making information or support requests, boards and committees are asked to
consider the other responsibilities of Town personnel supporting the board or
committee’s work. Town personnel serving as staff to boards and committees are often
Department Heads, who are responsible for the operations of their respective Town
departments. The priority of departmental operations may supersede the work requested
by a board or committee. Department Heads will prioritize the work of a department and
direct the work of departmental personnel accordingly. In prioritizing work, there often
are issues a Department Head needs to consider of which a board or committee is
unaware. At times these considerations may relate to confidentiality, which could affect
the ability to respond to a request of a board or committee.
Town personnel assigned to staff a board or committee may also serve in an advisory
capacity to a board or committee. The role Town personnel may serve is very similar to
the role advisory boards and committees serve, which is in an advisory capacity to the
Board of Selectmen. Staff members to boards and committees are selected by the Town
Manager or Department Head on the basis of their professional and technical abilities to
support the work of a board or committee.
Staff members for a board or committee are expected to provide impartial and unbiased
advice to a board or committee. This includes providing guidance to boards and
committees to ensure decisions are consistent with state and local laws, and Town policy.
However, board and committee members should be aware that Town personnel are
ultimately responsible to the Town Manager, who is accountable to the Board of
Selectmen. If an instance arises where a Department Head serving as staff to a board or
committee disagrees with the recommendation of a board or committee, it is the staff
member’s responsibility to advise the Town Manager of that disagreement. In making a
final decision on a matter in which there is disagreement, the appropriate Town entity
will consider the advice of the board or committee, and the advice of Town personnel.
Media Relations
Members of boards and committees may be approached by the media for comment on an
issue under consideration by a board or committee, or for a comment on an event related
to a board’s or committee’s charge. As a representative of the Town, board and
committee members have an obligation to ensure information provided to the media is
accurate. Consulting with the appropriate Town personnel before responding to an
inquiry from the media is recommended to ensure the accuracy of information provided
to the media.
While serving on a board or committee, there may be a time when an individual member
of a board or committee disagrees with the decision of a board or committee. If such an
instance arises, members are reminded that pursuant to Section 2(B) of this manual that it
is their responsibility to uphold the decision of a board or committee. Members are not
prohibited from expressing their personal opinion. However, if a personal opinion is
expressed, then it should be made clear that it is a personal opinion and not the opinion of
- 18 -
- 19 -
the board or committee. This includes letters to the editor. If a member chooses to
express a dissenting opinion to a board or committee decision through a letter to the
editor, then the letter should be signed as a private citizen.
Pursuant to the Open Meeting Law, the media may make any audio or video recording of
a public meeting, so long as no active interference with the conduct of the meeting arises
as a result of the recording. Video recordings should be made from a fixed location.