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HomeMy WebLinkAbout07262007 Special Town Meeting Agenda 2007 SPECIAL TOWN MEETING 2007 The following is a summary of the articles called, and the vote taken by the 2007 Special Town Meeting held at Nantucket High School, Mary P. Walker Auditorium, 10 Surfside Road on July 26, 2007. There were 455 registered voters in attendance. A Quorum of 405 voters (5% of 8093 Registered Voters) was needed. Thursday, July 26 – Meeting called to order at 7:16 PM. Article 1: Real Estate Acquisition: Dreamland Theatre Main Motion as amended by Drake/Chadwick was defeated by Handcount Vote: YES – 255; NO – 182 (2/3 = 292) Article 2: Real Estate Disposition: Roundabout at Sparks Avenue/Hooper Farm Road/Pleasant Street Adopted by 2/3 Majority Voice Vote. Article 3: Real Estate Acquisition: 10 – 12 Washington Street Adopted by Handcount Vote: YES – 215; NO – 106 (2/3 = 214) The Moderator recognized BOS Chairman Whitey Willauer for the purposes of moving dissolution of the 2007 Special Town Meeting. It was moved, and seconded. A Voice Vote was taken. The 2007 Special Town Meeting was dissolved at 9:45 PM, by Unanimous Voice Vote. COMMONWEALTH OF MASSACHUSETTS WARRANT FOR JULY 26, 2007 SPECIAL TOWN MEETING Nantucket, ss. To the Constables of the Town of Nantucket: GREETING: In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of the Town of Nantucket qualified to vote in Town affairs to meet and assemble themselves at the Nantucket High School Auditorium at 10 Surfside Road in said Nantucket, on THURSDAY, THE TWENTY-SIXTH DAY OF JULY, 2007 AT 7:00 PM THEN AND THERE TO ACT ON THE ARTICLES CONTAINED WITH THE ENCLOSED WARRANT: ARTICLE 1 (Real Estate Acquisition: Dreamland Theater) To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute including a borrowing contingent upon passage by ballot of a debt exclusion override referendum question a certain sum for the acquisition by purchase, gift, eminent domain or otherwise the following described parcel of land, the buildings thereon and fixtures and furnishings therein, for municipal purposes; and further, to authorize the Board of Selectmen, after such property is acquired, to convey such property or to enter into a long-term lease for the renovation and operation of a Community Performing Arts Center for a period of time of twenty years. The Dreamland Theatre – the land, together with the buildings and improvements thereon, situated at: 17 S. Water St., Nantucket Assessor’s map 42.3.1, parcel 11.1 and 18 Easy St., Nantucket Assessor’s map 42.3.1, parcel 11.2, both parcels being registered together and under Land Court Certificate of Title No. 21691. (H. Flint Ranney, et al) ARTICLE 2 (Real Estate Disposition: Roundabout at Sparks Avenue/ Hooper Farm Road/Pleasant Street) To see if the Town will vote to authorize the disposal of the following parcel of land owned by the Town of Nantucket, in accordance with Chapter 30B of the Massachusetts General Laws, as applicable: Parcel RL-2 containing approximately 651 square feet of land located at 14A Sparks Avenue, as shown on Plan 2005/67 titled “Plan Showing Alteration of Sparks Avenue at Pleasant Street and Hooper Farm Road,” by Greenman-Pedersen, Inc., dated October 27, 2005, on file at the Nantucket Registry of Deeds. And, to take other actions as may be appropriate related thereto. (Board of Selectmen for Planning Board) ARTICLE 3 (Real Estate Acquisition: 10-12 Washington Street) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain the fee title or lesser title interest in two certain parcels of land, together with improvements thereon, identified as Town of Nantucket Assessor Map 42.3.1, Parcel 142 and Parcel 143 and numbered 10 and 12 Washington Street, Nantucket, or any portions thereof, for general municipal purposes; to see if the town will vote to authorize the Board of Selectmen to sell, lease, convey or otherwise make such property available to the Nantucket Regional Transit Authority for transportation purposes; and further to see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute, or transfer from available funds including any funds received from the Nantucket Regional Transit Authority for this purpose or any funds realized from the Nantucket Island Land Bank for the disposition to the Land Bank of the parcels of land described in the motion voted pursuant to Article 75 of the 2007 Annual Town Meeting or from any leasing or licensing by the Land Bank, other Town properties or portions thereof, including without limitation the parcel containing approximately 17.8 acres, known as the "Wood Property," having an address of 55 Warren’s Landing Road and identified as Town Assessor Map 38, Parcel 30, or to take any other action as may be appropriate or related thereto. (Board of Selectmen) To act upon and transact any business relative to the foregoing subjects which may, then and there, come before said meeting. Hereof fail not and make due return of this Warrant with your doings thereon to the Town Clerk at the time and place of meeting aforesaid. Given under our hands this 20th day of June in the year Two Thousand Seven. Whiting R. Willauer Michael Kopko Brian Chadwick Allen Reinhard Patricia Roggeveen SELECTMEN OF NANTUCKET, MA Pursuant to Chapter 39, section 10 of the General Laws of the Commonwealth and the Warrant of 26 July 2007, I have notified and warned the inhabitants of the Town of Nantucket qualified to vote in Town affairs to appear at the times and place and for the purposes within mentioned by posting said notification on ___________________ , 2007 at the United States Post Offices at Federal Street and Pleasant Street; the United States Post Office at Main Street, Siasconset; the Town and County Building at 16 Broad Street; and upon the Bulletin Board at the corner of Main and Federal Streets; and publishing said Warrant, a copy of which is attached as it will be published, in The Inquirer and Mirror newspaper on June 28, 2007. Sworn to under pains and penalties of perjury, ____________________________________________ Constable _________________ Date Date Action 6/14/2007 Petition rec'd; signatures certified 6/19/2007 Submit FinCom public hrg notice to paper 6/20/2007 BOS sets date (rec 7/26/07) and adopts warrant 6/22/2007 Submit warrant to newspaper; posted on website; Town Clerk posts 6/28/2007 Warrant published in newspaper 6/28/2007 FinCom public hrg on warrant article 7/5/2007 FinCom mtg to review & adopt motion for article 7/6/07 - 7/10/07 Bond Counsel review & finalize motion (if needed) 7/11/2007 Warrant sent to printer 7/19/2007 Warrant mailed to voters (last day to do so) 7/23/2007 pre-STM conference with Moderator 7/26/2007 STM starts at 7pm NOTES: 1. s. 44-8 of Town Code requires a quorum of 5% of reg voters for approps at STMs 2. Voter registration dates are not included here 3. Schedule does not include time for a BOS comment to warrant article IF ARTICLE IS ADOPTED CONTINGENT UPON DEBT EXCLUSION OVERRIDE: 8/1/2007 BOS sets date of STE (rec 8/21/07)*; draft warrant reviewed by Town Counsel, Bond Counsel 8/8/2007 BOS adopts STE warrant, signs, sends to Town Clerk 8/9/2007 Post STE warrant on website 8/21/2007 STE *subj to review by Town Clerk re: voter reg (could also be 8/28/07) COMMONWEALTH OF MASSACHUSETTS TOWN OF NANTUCKET July 26, 2007 Special Town Meeting with Finance Committee Motions Page i Town of Nantucket 2007 Special Town Meeting Warrant with Finance Committee Motions Town of Nantucket 16 Broad Street Nantucket, MA 02554 508-228-7255 www.nantucket-ma.gov BOARD OF SELECTMEN Whitey Willauer, Chairman Michael Kopko, Vice-Chairman Brian Chadwick Patricia Roggeveen Allen Reinhard FINANCE COMMITTEE John W. Atherton, Jr., Chairman Bruce D. Miller, Vice-Chairman Charity Benz Christopher J. Kickham Gregory P. Keltz Peter Morrison Matthew T. Mulcahy Michael B. Rosen Rick Ulmer Page ii Town of Nantucket 2007 Special Town Meeting Warrant with Finance Committee Motions AMERICANS WITH DISABILITIES ACT NOTICE The Town of Nantucket advises applicants, participants and the public that it does not discriminate on the basis of disability in, admission to, access to, treatment or employment in its programs, services and activities. The Town of Nantucket will provide auxiliary aids and services to access programs upon request. Inquiries, requests and complaints should be directed to the Town Administrator, 16 Broad Street, Nantucket, MA 02554, (508) 228-7255. IF YOU NEED A LARGE PRINT VERSION OF THIS DOCUMENT, PLEASE CONTACT THE TOWN ADMINISTRATOR’S OFFICE AT 228-7255 Page iii Town of Nantucket 2007 Special Town Meeting Warrant with Finance Committee Motions TOWN OF NANTUCKET July 26, 2007 SPECIAL TOWN MEETING TABLE OF CONTENTS Article Number Page Number 1 Real Estate Acquisition/Dreamland Theatre/Ranney 1 2 Real Estate Disposition: Round-a-bout 1 3 Real Estate Acquisition: 10-12 Washington Street 2 NOTE: PETITION ARTICLES HAVE BEEN PRINTED AS SUBMITTED BY THE PETITIONERS AND MAY CONTAIN TYPOGRAPHICAL AND OTHER ERRORS Page iv Town of Nantucket 2007 Special Town Meeting Warrant with Finance Committee Motions Page 1 Town of Nantucket 2007 Special Town Meeting Warrant with Finance Committee Motions ARTICLE 1 (Real Estate Acquisition: Dreamland Theater) To see if the Town will vote to raise and appropriate, transfer from available funds or borrow pursuant to any applicable statute including a borrowing contingent upon passage by ballot of a debt exclusion override referendum question a certain sum for the acquisition by purchase, gift, eminent domain or otherwise the following described parcel of land, the buildings thereon and fixtures and furnishings therein, for municipal purposes; and further, to authorize the Board of Selectmen, after such property is acquired, to convey such property or to enter into a long-term lease for the renovation and operation of a Community Performing Arts Center for a period of time of twenty years. The Dreamland Theatre – the land, together with the buildings and improvements thereon, situated at: 17 S. Water St., Nantucket Assessor’s map 42.3.1, parcel 11.1 and 18 Easy St., Nantucket Assessor’s map 42.3.1, parcel 11.2, both parcels being registered together and under Land Court Certificate of Title No. 21691. (H. Flint Ranney, et al) FINANCE COMMITTEE MOTION: Moved that the Article not be adopted. FINANCE COMMITTEE COMMENT: The Finance Committee recommends that the Board of Selectmen be encouraged to acquire, by purchase or gift, the following real property interests in connection with the Dreamland Theater, being the land and building located at 17 S. Water St., Nantucket Assessor’s map 42.3.1, parcel 11.1 and 18 Easy St., Nantucket Assessor’s map 42.3.1, parcel 11.2, both parcels being registered together under Land Court Certificate of Title No. 21691 as follows. 1. A deed restriction that grants the Town written advance notice of any future re-sale, together with a right of first refusal to purchase the property and 2. A covenant by deed restriction on said property, restricting the ground floor to operation as a movie theatre going into the future. ARTICLE 2 (Real Estate Disposition: Roundabout at Sparks Avenue/ Hooper Farm Road/Pleasant Street) To see if the Town will vote to authorize the disposal of the following parcel of land owned by the Town of Nantucket, in accordance with Chapter 30B of the Massachusetts General Laws, as applicable: Parcel RL-2 containing approximately 651 square feet of land located at 14A Sparks Avenue, as shown on Plan 2005/67 titled “Plan Showing Alteration of Sparks Avenue at Page 2 Town of Nantucket 2007 Special Town Meeting Warrant with Finance Committee Motions Pleasant Street and Hooper Farm Road,” by Greenman-Pedersen, Inc., dated October 27, 2005, on file at the Nantucket Registry of Deeds. And, to take other actions as may be appropriate related thereto. (Board of Selectmen for Planning Board) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to dispose of the following parcel of land owned by the Town of Nantucket, in accordance with Chapter 30B of the Massachusetts General Laws, as applicable: Parcel RL-2 containing approximately 651 square feet of land located at 14A Sparks Avenue, as shown on Plan 2005/67 titled “Plan Showing Alteration of Sparks Avenue at Pleasant Street and Hooper Farm Road,” by Greenman-Pedersen, Inc., dated October 27, 2005, on file at the Nantucket Registry of Deeds. ARTICLE 3 (Real Estate Acquisition: 10-12 Washington Street) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain the fee title or lesser title interest in two certain parcels of land, together with improvements thereon, identified as Town of Nantucket Assessor Map 42.3.1, Parcel 142 and Parcel 143 and numbered 10 and 12 Washington Street, Nantucket, or any portions thereof, for general municipal purposes; to see if the town will vote to authorize the Board of Selectmen to sell, lease, convey or otherwise make such property available to the Nantucket Regional Transit Authority for transportation purposes; and further to see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute, or transfer from available funds including any funds received from the Nantucket Regional Transit Authority for this purpose or any funds realized from the Nantucket Island Land Bank for the disposition to the Land Bank of the parcels of land described in the motion voted pursuant to Article 75 of the 2007 Annual Town Meeting or from any leasing or licensing by the Land Bank, other Town properties or portions thereof, including without limitation the parcel containing approximately 17.8 acres, known as the "Wood Property," having an address of 55 Warren’s Landing Road and identified as Town Assessor Map 38, Parcel 30, or to take any other action as may be appropriate or related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that (a) The Board of Selectmen be hereby authorized to acquire, by purchase, gift or eminent domain, the fee title or lesser title interest in two certain parcels of land, together with improvements thereon, identified as Town of Nantucket Assessor Map 42.3.1, Parcel 142 and Parcel 143 and numbered 10 and 12 Washington Street, Nantucket, or any portions thereof, for general municipal purposes; Page 3 Town of Nantucket 2007 Special Town Meeting Warrant with Finance Committee Motions b) that the Board of Selectmen be hereby authorized to sell, lease, convey or otherwise make all or a portion of such property available to the Nantucket Regional Transit Authority for transportation purposes; (c) that Three million Five Hundred Thousand Dollars ($3,500,000) be appropriated for the purposes of such acquisition and, to meet this appropriation, and further that the Town Treasurer, with the approval of the Board of Selectmen, is hereby authorized to borrow Three Million Five Hundred Thousand Dollars ($3,500,000) and to issue general obligation bonds and notes of the Town, pursuant to any applicable statute, provided however, this appropriation shall not take effect unless or until passage by ballot of a referendum question exempting the principal so borrowed and interest thereon from the limitations of Proposition 2½, so-called, (G.L. c. 59, s. 21C(k)) and provided further that the Board of Selectmen is authorized in their discretion to reduce the amount of such borrowing by applying to such purchase the proceeds received, if any, from the sale of property to the Nantucket Land Bank Commission as authorized by Article 75 of the 2007 Annual Town Meeting.