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HomeMy WebLinkAboutBoard of Selectmen Agenda January 12, 2011 Packet_201402061628143929 GRANT OF EASEMENT KNOW ALL MEN BY THESE PRESENTS That DANIEL B. BALLING and SUSAN A. BALLING, trustees of DB REALTY TRUST, under Declaration of Trust dated November 30th 2007, recorded with the Nantucket County Registry of Deeds in Book 1116, page 161, of 66 Fairgrounds Road, Nantucket, Massachusetts 02554 (hereinafter referred to as the Grantor) hereby grant to the County/Town of Nantucket, a Massachusetts county/municipal corporation with an address of Nantucket Town & County Building, 16 Broad Street, Nantucket MA 02554, its successors and assigns (hereinafter referred to as the Grantee), a sidewalk easement along the south side of the Grantor’s property, having an address of 108-110 Pleasant Street, Nantucket, Nantucket County, Massachusetts, between the southern façade of the building and Pleasant Street shown as “Proposed Sidewalk Easement 508 ± S.F.” on the sketch plan attached hereto and recorded herewith entitled “Easement Plan of Land in Nantucket, Mass.,” dated December 29, 2010, prepared by Island Surveyors, Inc. (the “Sketch Plan”). The Grantee may lay out, construct, use, maintain, repair, renew and relocate a public sidewalk or public way within said Sidewalk Easement and may use said Sidewalk Easement for all purposes for which public ways are used in the Town/County of Nantucket, including without limitation to construct, install, use, maintain, repair and replace water, sewer, drainage, electric and telecommunications facilities, and appurtenances such as street lights, signs, plantings, street trees and utility poles, if at any future time two parking spaces are permitted and constructed within the layout of Pleasant Street abutting locus. If said herein referred to locations as shown on the Sketch Plan are unsuitable for the purposes of the Grantee, its successors and assigns, then said locations may be changed to areas mutually satisfactory to both the Grantor and the Grantee herein; and further, said newly agreed to locations shall be indicated and shown on a revised sketch plan referred to by proper amendment or amendments hereto. The Grantor, for itself, its successors and assigns, covenant and agrees with the Grantee, for itself, its successors and assigns, that this Grant of Easement may not be changed or modified without the written consent of the Grantee, its successors and assigns, which consent may be withheld by the Grantee in its sole discretion. By signing this easement, Daniel B. Balling and Susan A. Balling certify that they are the Trustees of the Grantor Trust, that the Trust is in full force and effect without an unrecorded amendment and they have been directed and authorized by all the beneficiaries of the trust to grant the within easement on the terms and conditions stated herein. It is further agreed that all necessary appurtenances thereto, shall remain the property of the Grantee, its successors and assigns. For Grantor’s Title, see deed dated December 6th, 2007, recorded with the Nantucket County Registry of Deeds in Book 1116, page 169. IN WITNESS WHEREOF, Daniel B. Balling and Susan A. Balling have hereunto set their hands and seals this ______ day of ___________, 2011, as Trustees of DB Realty Trust. DB REALTY TRUST ________________________________ Daniel B. Balling, Trustee ________________________________ Susan A. Balling, Trustee COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. On this ____________day of ____________, 2011, before me, the undersigned notary public, personally appeared______________________, Trustee of DB Realty Trust, and proved to me through satisfactory evidence of identification, which was ____________________, to be the person whose name is signed on the preceding document, and acknowledged to me that he/she signed it voluntarily as said Trustee for its stated purpose. ______________________ Notary Public My commission expires: 415941v.2/NTKT/0082 ACCEPTANCE On this ______ day of ________________, 2011, the Town of Nantucket, acting by and through its Board of Selectmen pursuant to Section 3.3 of its Charter (the Code of Nantucket A-302 Article I, being Chapter 289 of the Acts of 1996), hereby accepts the foregoing Sidewalk Easement from DANIEL B. BALLING and SUSAN A. BALLING, trustees of DB REALTY TRUST. TOWN OF NANTUCKET BY ITS BOARD OF SELECTMEN _______________________________ Patricia Roggeveen _______________________________ Whiting Willauer _______________________________ Brian J. Chadwick _______________________________ Rick Atherton _______________________________ Michael Kopko COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On this _______ day of __________________, 2011, before me, the undersigned Notary Public, personally appeared Patricia Roggeveen, Whiting Willauer, Brian Chadwick, Rick Atherton, and Michael Kopko, Selectmen of the Town of Nantucket, as aforesaid, who proved to me through satisfactory evidence of identification, which was personal knowledge, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose on behalf of the Town of Nantucket. ________________________________ (Official Signature and Seal of Notary) ACCEPTANCE On this ______ day of ________________, 2011, the County of Nantucket, acting by and through its County Commissioners pursuant to Section 1.3 (c) of its Charter (the Code of Nantucket A- 302 Article II, being Chapter 290 of the Acts of 1996), hereby accepts the foregoing Sidewalk Easement from DANIEL B. BALLING and SUSAN A. BALLING, trustees of DB REALTY TRUST. COUNTY OF NANTUCKET BY ITS COUNTY COMMISSIONERS _______________________________ Brian J. Chadwick _______________________________ Rick Atherton _______________________________ Patricia Roggeveen _______________________________ Whiting Willauer _______________________________ Michael Kopko COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On this _______ day of __________________, 2011, before me, the undersigned Notary Public, personally appeared Brian Chadwick, Rick Atherton, Patricia Roggeveen, Whiting Willauer, and Michael Kopko, Commissioner of the County of Nantucket, as aforesaid, who proved to me through satisfactory evidence of identification, which was personal knowledge, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose on behalf of the County of Nantucket. ________________________________ (Official Signature and Seal of Notary) 2010-2011 Board of Selectmen Goals and Objectives Adopted 6/2/10 Amended 11/3/10 1 Mission Statement: The mission of the Board is to serve the community by providing clear, concise goals and policies that ensure quality in the delivery of town services, long-term planning, and improved efficiencies in operating town government. GOAL CATEGORY OBJECTIVE TASKS/OUTCOME Budget Efficiencies/ Improvements (for multiple year planning) - Agree to process timeline for budget earlier - Create/update uniform, user-friendly budget presentation and summary sheets - Develop comprehensive override policy - Implement program budgeting: Police & DPW for FY 12 Capital Planning and Infrastructure - Create a debt service forecast with various scenarios - Correlate operating costs associated with capital projects - Work toward lowering borrowing costs Cost Containment - Conduct wage survey and staffing review - Manage legal costs Fiscal Planning Financial Mgt Improvements - Continue implementing recommendations of Abrahams report Communication and Transparency - Implement PEG channel Operational Streamlining - Develop long-term plan for Our Island Home operations - Evaluate Town’s provision/coordination of human services Energy Initiatives - Work toward construction of Madaket wind turbine - Continue to explore offshore energy resources - Participate in Smart Energy Initiative/Green Communities Program - Adopt Climate Protection Action Plan Quality of Life Water Quality Mgt - Develop water quality strategic plan Housing - Review funding mechanisms for housing initiatives Infrastructure Improvements - Adopt Sewer Plan (rates, funding options, 5-10 year strategic plan) - Develop solid waste funding plan - Develop options for downtown parking system including but not limited to “paid” - Negotiate acquisition of Madaket land from GSA BOS/Administration Government Efficiencies - Evaluate Town IT services - Evaluate potential for collaborative or combined services - Develop centralized fleet maintenance implementation funding plan PRELIMINARY Outline for 2011 Annual Town Meeting Warrant For 01/05/11 BOS review (updated from 12/08/10 BOS meeting) 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 2011 Budget Transfers 7. Personnel Compensation Plans for FY 2012 8. Appropriation: FY 2012 General Fund Operating Budget 9. Appropriation: Health & Human Services 10. Appropriation: General Fund Capital Expenditures 11. Appropriation: Enterprise Funds Operations 12. Appropriation: Enterprise Funds Capital Expenditures 13. FY 2011 Enterprise Funds Budget Transfers 14. Appropriation: Waterways Improvement Fund 15. Appropriation: Ferry Embarkation Fee 16. Appropriation: Ambulance Reserve Fund (new) 17. Appropriation: County Assessment 18. Appropriation: Finalizing FY 2012 County Budget 19. Rescind Unused Borrowing Authority 20. Appropriation: CBA/Our Island Home 21. Appropriation: CBA/DPW 22. Appropriation: CBA/Fire 23. Appropriation: CBA/Police x 2 24. Appropriation: CBA/Airport 25. Appropriation: CBA/Wannacomet Water Other Selectmen Sponsored Articles NOTE: most of these were reviewed/discussed by BOS at 10/20/10 meeting; items noted with a * are new since then 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. Authorization for Borrowing for Septic System Loan Fund (Article attached; been reviewed by Town Counsel & Bond Counsel) 4. Amend Article 19 of 2010 ATM (attached & see attached email from Connie)* 5. Appropriation for Road Maintenance (capital or operating override) AND/OR for Improvements to Boulevarde-area Roads NOTE: Capital Program Committee has been made aware of the Board’s preliminary proposal for either or both of these, but has not reviewed the specifics 6. Appropriation for Police Station Renovation (debt exclusion or capital override) BYLAW AMENDMENTS 1. Amend Capital Program Committee bylaw? NOTE: LG prepared attached draft; Capital Program Comm not provided comments yet? DRAFT ARTICLE ATTACHED 2. Amend Finance Committee bylaw? NOTE: BOS had some discussion over the summer about possible changes to this bylaw (attached) to clarify what constitutes a conflict in terms of who can/cannot serve and a resignation protocol if a member’s status changes after they have been appointed? 3. Amend Council for Human Services bylaw? NOTE: BOS submitted an article in the 2010 ATM warrant, with a motion (attached); prior to ATM, the motion was rescinded; with the consolidation plan for the CHS dept for FY 12, this article should be revisited (current bylaw also attached) – DRAFT ARTICLE ATTACHED 4. Amend Community Preservation Committee bylaw* NOTE: amendment (attached) discussed by BOS at 11/3/10 meeting 5. Adoption of “Stretch Code” (Green Communities requirement) ?? (NOT WRITTEN) NOTE; if we are going to proceed with this a lot of outreach and research needs to be done, now; may not have time for 2011) 6. Amendment to Chapter 41 (Board of Sewer Commissioners) – add a new section (see attached; current bylaw also attached, not yet updated from 2010 ATM) 7. New bylaw (?) pertaining to requiring anyone developing property in erosion prone areas to sign a waiver of any and all Town responsibility* NOTE: this might require a HRP; this has not been reviewed by Town Counsel recently 8. Amend Chapter 58 (Car Rental Agencies) to exempt certain # of electric vehicles from cap (Andrew)* 9. Placeholder for sewer fee waiver options for affordable housing (per BOS 12/1/10) – ARTICLE ATTACHED HOME RULE PETITIONS 1. HRP for Health Insurance Plan Design 2. Fertilizer Use HRP – presentation by Article 68 Work Group on 12/8 Resubmittal of Pending HRPs? 3. Land Bank Real Estate Conveyance (Article 59 of 2010 ATM – attached) 4. Harbor & Shellfish Advisory Board Conflict of Interest (Article 62 of 2010 ATM – attached) 5. Ocean Management Planning Process (Article 63 of 2010 ATM – attached) 6. Expansion of Room Occupancy Tax to Seasonal Vacation Rentals (Article 66 of 2010 ATM – attached) NOTE: This article was defeated at the 2010 ATM; 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? 7. Conveyance of Land from County to Town (Article 67 of 2010 ATM – attached) 8. Nantucket Sewer Act Amendment (Article 69 of 2010 ATM – attached) 9. Establishment of Cemetery Commission (Article 70 of 2010 ATM – attached) NOTE: Town Clerk says she expects enactment by early 2011 MGL ACCEPTANCES 1. Accept Chapter 26 of Acts of 2010 (Collection of Unpaid Municipal Fines) (see attached from Town Counsel) NOTE: This needs further review to determine the resource and other requirements; might be something for 2012 ATM 2. Accept MGL c. 59, s. 57C to establish quarterly tax payments (see email from Connie)* REAL ESTATE RELATED 1. Authorization to Sell Mooney Bldg 2. Long-term Lease Authorizations for Solar Projects (Airport, Wannacomet, Surfside WWTF, schools?) 3. Acquisition/Conveyance of Paper Streets/Surfside (see attached email from Andrew) 4. Acquisition/Conveyance of various misc parcels/paper roads (Andrew) 5. Grant of Easement to NCF, Old South Rd (Andrew) 6. Authorization for BOS to convey balance of Industrial Park land 7. Article to Acquire Anne’s Lane ZONING 1. As-of-Right Siting (Green Communities requirement) ?? 2. Allow for Wind Turbine at Landfill 3. Vegetation Removal on Undeveloped Lots (previously proposed by ACNVT & referred to Planning Board)* 4. Map Change/Old South Road 5. Map Change/Polpis Road 6. Map Change/Surfside 7. Technical Corrections/Secondary Lots 8. Technical Correction - ? 9. Map Change/Fairgrounds Rd 10. Map Change/Bartlett Farm Road, Hummock Pond 11. Swimming Pool Prohibition in ROH, SOH* 12. Reis Industrial Park area (per AV at 12/1/10 BOS) OTHER 1. Amendments to Affordable Housing Trust (Andrew)* 2. Sewer Rate Mitigation Options (separate workshop per BOS 12/01/10) CITIZEN ARTICLES (all submittals attached) 1. Establish Position of Municipal Grant Writer/Stover 2. Reimbursement of Town Legal Costs/Stover 3. Community Preservation Committee FY 2012 Budget Transfers/Beaugrand 4. Community Preservation Committee FY 2012 Appropriations/Beaugrand 5. Zoning – Bartlett Road Map Change/Walsh 6. Zoning – Private Club Restrictions in Madaket & Appleton Rd/Johnson 7. Zoning – Wauwinet, Squam Map Change/McKechnie 8. Real Estate – Acquisition of 50 Union St/Sarkisian 9. Real Estate – Dreamland Theatre Easement/Liddle 10. Zoning – Swift Rock Rd/Bamber 11. Appropriation of $3,400,000 for Tom Nevers Bike Lane/Bartlett 12. Sewer District Map Change – Cato Ln/Canty 13. Zoning – Lot Area Amendment/Collier 14. Sewer District Map Change – Brewster Rd/Nicholson** 15. Appropriation of $100,0000 for Mosquito Control/Stott 16. Zoning – Regulation of Parking Structures/Sanders 17. Sewer District Map Change – Hummock Pond Rd/McGowan** 18. Appropriation – William J. Higgins Military Pay/Wilson 19. Appropriation - Non-Aviation Airport Revenue for Non-Airport Purposes/Williams 20. Layout and Extend Miller Way/Bunting 21. Enact Chapter 12 of Town Code – Council for Human Services - as Amended /Wawro 22. Zoning Map Change – Howard Street, Gardner Street, Main Street/Hanley 23. Real Estate Conveyance – Hulbert Avenue Extension/Lamb 24. Zoning Map Change – First Way, Backus Lane, Allen’s Way, Third Way, Fourth Way, Fifth Way/Valero 25. Authorization for Selectmen to Call a Meeting of the Proprietors of the Common and Undivided Land of the Islands of Nantucket/Stover 26. Home Rule Petition – Historic District Commission/Dutra 27. Appropriation – Sewer Enterprise Fund/Soverino 28. Real Estate Acquisition – 77 Washington Street/Soverino 29. Real Estate Disposition – 144 Surfside Road 30. Appropriation Amendment – Article 10 of 2001 Annual Town Meeting – Boulevarde, Lovers Lane, Okorwaw Avenue, Monohansett Road/Magee 31. Real Estate Acquisition, Layout, Appropriation - Boulevarde, Lovers Lane, Okorwaw Avenue, Monohansett Road/Magee 32. Bylaw Amendment – Chapter 67 – Management of Coastal Properties Owned by Town/Reade **need to schedule BOS public hearing in Jan; complete criteria checklist