HomeMy WebLinkAboutExhibit E to Report_1Page 120 Town of Nantucket 2020 Annual Town Meeting Warrant with Finance Committee Motions
necessary or advisable towards perfecting the intent of this legislation in order to secure passage:
AN ACT AUTHORIZING THE NANTUCKET ISLANDS LAND BANK TO TRANSFER,
CONVEY OR OTHERWISE DISPOSE OF PORTIONS OF CERTAIN LANDS SITUATED IN THE TOWN OF NANTUCKET HELD FOR OPEN SPACE PURPOSES
TO THE TOWN OF NANTUCKET FOR ROADWAY, BICYCLE, DRAINAGE, UTILITY,
AND SIDEWALK PURPOSES
Be it enacted by the Senate and the House of Representatives in General Court assembled, and by the authority of the same, as follows:
Section 1. Pursuant to Article 97 of the Amendments to the Constitution of the
Commonwealth of Massachusetts and notwithstanding the provisions of any general or
special law to the contrary, the Nantucket Islands Land Bank may transfer, convey or otherwise dispose of portions of certain parcels of land situated in the Town of
Nantucket to the Town of Nantucket for roadway, bicycle, drainage, utility, and sidewalk purposes associated with the Milestone Rotary described as follows:
•Tax Assessor’s Map 55, Parcel 63 (a portion of) 170 Orange Street;
•Tax Assessor’s Map 55, Parcel 64 (a portion of) 174 Orange Street;
•Tax Assessor’s Map 55, Parcel 65 (a portion of) 2 Milestone Road;
Any such disposition shall be on such terms and conditions as the Nantucket Islands Land Bank deem appropriate, which may include the reservation of restrictions and
easements and the exchange of suitable property from the Town of Nantucket to
mitigate the loss of open space land as determined by the Nantucket Islands Land Bank Commissioners, all as shown on a map entitled “2020 Annual Town Meeting Warrant
Article 93” dated January 2020 and filed with the Office of the Town Clerk.
Section 2. This act shall take effect upon its passage.
Or to take any other action related thereto.
(Select Board)
FINANCE COMMITTEE MOTION: Moved to take no action on the Article.
ARTICLE 94
(Home Rule Petition: Town Charter – Select Board Amendment/Airport Capital Projects) To see if the Town will vote to request its representatives in the General Court to
introduce special legislation, the text of which is set forth below, amending the charter for the Town of Nantucket, and to authorize the General Court, with the approval of the
Select Board, to make changes in the text thereto as may be necessary or advisable in
order to accomplish the intent of this legislation in order to secure passage; or to take any other action related thereto.
EXHIBIT E
Page 121 Town of Nantucket 2020 Annual Town Meeting Warrant with Finance Committee Motions
AN ACT AMENDING THE CHARTER FOR THE TOWN OF NANTUCKET
SECTION 1. Section 2.1 of article II of the charter of the town of Nantucket, as established by chapter 289 of the acts of 1996, as amended, which is on file in the office
of the archivist of the commonwealth, as provided in section 12 of chapter 43B of the General Laws, is hereby amended as follows:
1. Striking out the first sentence of the second paragraph said section 2.1 and replacing it with the following:
Notwithstanding the foregoing, certain powers of Town Meeting as to real estate
acquisitions and funding of capital projects at Nantucket Airport shall also be vested in the Select Board, as specified in Sections 3.3 and 3.6, subject to the
voters' right to petition, as specified in Sections 2.1(b), 3.3, and 3.6.
2. Striking out section 2.1(b) and replacing it with the following:
To veto any real estate acquisition voted by the Select Board pursuant to Section
3.3 or any vote regarding funding of capital projects at the Nantucket Airport
pursuant to Section 3.6; provided, however, that a petition proposing such veto in the form of a Town Meeting warrant article is signed by at least ten registered
voters and provided that the petition is timely filed with the Town Clerk. The Town Clerk shall then present the petition to the Select Board within the time
permitted for inclusion of the article in the next Annual Town Meeting or Special Town Meeting warrant. The Select Board or the Nantucket Airport Commission,
as applicable may proceed with the real estate acquisition or use of funding of
capital projects to benefit the Airport unless a petition to veto such acquisition or funding is filed with the Town Clerk within 15 days of the public notice provided
for Section 3.6 of this Charter.
SECTION 2. Section 3.1 of article III of said charter is hereby amended by adding a
new section 3.6 as follows:
Section 3.6 Funding for the Benefit of the Nantucket Airport
At the request of the Nantucket Airport Commission, the Select Board may,
notwithstanding any law to the contrary, vote to appropriate, borrow or transfer from available funds any sum of money to be placed in the Airport enterprise fund, or any
other fund established for the benefit of Nantucket Airport, in order to permit the Nantucket Airport Commission or the Nantucket Airport to qualify for available grants
and loans; provided that the amount of such appropriation or borrowing shall not exceed the total cost of the Capital Project for which the appropriation or borrowing is
authorized pursuant to Section 2.1(b) of this Charter; and provided further that any
amount authorized to be appropriated, borrowed or transferred by the Select Board shall, subject to any applicable grant or loan requirements and applicable laws, be
reduced by the amount of any such grant or loan funds received prior to the issuance of bonds or notes or the expenditure of funds by the Nantucket Airport Commission.
EXHIBIT E
Page 122 Town of Nantucket 2020 Annual Town Meeting Warrant with Finance Committee Motions
The Select Board shall publish a public notice of such vote in a newspaper having general circulation within the Town. Any such vote shall be subject to veto by Town
Meeting if a petition as set forth in Section 2.1(b) is filed with the Town Clerk within 15 days following the date such public notice is published.
Nothing in this section of the Charter shall affect the acceptance of gifts pursuant to
Chapter 44, Section 53A of the General Laws.
(Select Board for Nantucket Memorial Airport Commission)
FINANCE COMMITTEE MOTION: Moved that the Town’s representatives to the General Court are hereby requested to introduce legislation as set forth below; and, that
the General Court, with the approval of the Select Board, make constructive changes in the text hereof as may be necessary or advisable to accomplish the intent of the
legislation in order to secure its passage, as follows:
AN ACT AMENDING THE CHARTER FOR THE TOWN OF NANTUCKET
SECTION 1. Section 2.1 of article II of the charter of the town of Nantucket, as
established by chapter 289 of the acts of 1996, as amended, which is on file in the office
of the archivist of the commonwealth, as provided in section 12 of chapter 43B of the General Laws, is hereby amended as follows:
3. Striking out the first sentence of the second paragraph said section 2.1 and
replacing it with the following:
Notwithstanding the foregoing, certain powers of Town Meeting as to real estate
acquisitions and funding of capital projects at Nantucket Airport shall also be vested in the Select Board, as specified in Sections 3.3 and 3.6, subject to the
voters' right to petition, as specified in Sections 2.1(b), 3.3, and 3.6.
4. Striking out section 2.1(b) and replacing it with the following:
To veto any real estate acquisition voted by the Select Board pursuant to Section
3.3 or any vote regarding funding of capital projects at the Nantucket Airport pursuant to Section 3.6; provided, however, that a petition proposing such veto in
the form of a Town Meeting warrant article is signed by at least ten registered
voters and provided that the petition is timely filed with the Town Clerk. The Town Clerk shall then present the petition to the Select Board within the time
permitted for inclusion of the article in the next Annual Town Meeting or Special Town Meeting warrant. The Select Board or the Nantucket Airport Commission,
as applicable may proceed with the real estate acquisition or use of funding of capital projects to benefit the Airport unless a petition to veto such acquisition or
funding is filed with the Town Clerk within 15 days of the public notice provided
for Section 3.6 of this Charter.
SECTION 2. Section 3.1 of article III of said charter is hereby amended by adding a new section 3.6 as follows:
EXHIBIT E
Page 123 Town of Nantucket 2020 Annual Town Meeting Warrant with Finance Committee Motions
Section 3.6 Funding for the Benefit of the Nantucket Airport
At the request of the Nantucket Airport Commission, the Select Board may, notwithstanding any law to the contrary, vote to appropriate, borrow or transfer from
available funds any sum of money to be placed in the Airport enterprise fund, or any other fund established for the benefit of Nantucket Airport, in order to permit the
Nantucket Airport Commission or the Nantucket Airport to qualify for available grants
and loans; provided that the amount of such appropriation or borrowing shall not exceed the total cost of the Capital Project for which the appropriation or borrowing is
authorized pursuant to Section 2.1(b) of this Charter; and provided further that any amount authorized to be appropriated, borrowed or transferred by the Select Board
shall, subject to any applicable grant or loan requirements and applicable laws, be reduced by the amount of any such grant or loan funds received prior to the issuance of
bonds or notes or the expenditure of funds by the Nantucket Airport Commission.
The Select Board shall publish a public notice of such vote in a newspaper having
general circulation within the Town. Any such vote shall be subject to veto by Town Meeting if a petition as set forth in Section 2.1(b) is filed with the Town Clerk within 15
days following the date such public notice is published.
Nothing in this section of the Charter shall affect the acceptance of gifts pursuant to
Chapter 44, Section 53A of the General Laws.
ARTICLE 95 (Home Rule Petition: Real Estate Easement Conveyance – Candle House Lane)
To see if the Town will vote to authorize the Nantucket Islands Land Bank to
petition the General Court consistent with the requirements of Article 97 of the Amendments to the Massachusetts Constitution to enact special legislation to authorize
the easement conveyance of all or portions of certain parcels of land in the Town of Nantucket owned by the Nantucket Islands Land Bank for open space purposes, as
described in more detail below and as shown on a map entitled “2020 Annual Town
Meeting Warrant Article 95” dated January 2020 and filed with the Office of the Town Clerk, to the Town of Nantucket for drainage purposes, provided, however, that the
General Court may with the approval of the Nantucket Islands Land Bank, make constructive changes in language as may be necessary or advisable towards perfecting
the intent of this legislation in order to secure passage:
AN ACT AUTHORIZING THE NANTUCKET ISLANDS LAND BANK TO CONVEY
DRAINAGE EASEMENTS OF PORTIONS OF CERTAIN LANDS SITUATED IN THE TOWN OF NANTUCKET HELD FOR OPEN SPACE PURPOSES TO THE TOWN OF
NANTUCKET FOR UNDERGROUND DRAINAGE PURPOSES
Be it enacted by the Senate and the House of Representatives in General Court
assembled, and by the authority of the same, as follows:
Section 1. Pursuant to Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts and notwithstanding the provisions of any general or
EXHIBIT E