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Home My WebLink About2002 Annual Town Meeting Warrant-FinComMotions FINAL TOWN OF NANTUCKET 2002 ANNUAL TOWN MEETING WARRANT with Motions from the Finance Committee 7:00 PM, Monday, April 8, 2002 Nantucket High School Auditorium TOWN OF NANTUCKET 2002 SPECIAL TOWN MEETING WARRANT with Motions from the Finance Committee 8:00 PM, Wednesday, April 10, 2002 Nantucket High School Auditorium Town of Nantucket 16 Broad Street Nantucket, MA 02554 508-228-7255 www.town.nantucket.ma.us BOARD OF SELECTMEN Timothy M. Soverino, Chairman Francis “Isky” Santos, Vice-Chairman Stephen L. Bender Matthew G. Fee Francis T. Spriggs FINANCE COMMITTEE Philip D. Bartlett, Chairman John W. Atherton, Jr., Vice-Chairman Gregory Keltz Pamela L. Killen Bruce D. Miller T. Channing Moore Robert Schwarzenbach Nancy J. Sevrens Richard Sykes 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. ii TOWN OF NANTUCKET 2002 ANNUAL TOWN MEETING TABLE OF CONTENTS Article Number Page Number 1 Receipt of Reports ........................................................................................................ 1 2 Appropriation: Unpaid Bills............................................................................................ 1 3 Appropriation: Prior Year Articles.................................................................................. 2 4 Revolving Accounts: Annual Authorization ................................................................... 2 5 Appropriation: Reserve Fund ........................................................................................ 2 6 FY 2002 Budget Transfers ............................................................................................ 3 7 Personnel Compensation Plans for FY 2003 ............................................................... 3 8 Appropriation: FY 2003 General Fund Operating Budget ............................................ 8 9 Appropriation: Health and Human Services ............................................................... 11 10 Appropriation: General Fund Capital Expenditures .................................................... 11 11 Appropriation Ambulance Reserve Fund.................................................................... 12 12 Appropriation: FY 2003 Enterprise Funds Operations ............................................... 13 13 Appropriation: Enterprise Funds Capital Expenditures .............................................. 14 14 Appropriation: Airport Terminal Design ...................................................................... 15 15 Appropriation Amendment: Siasconset Wastewater Treatment Facility .................... 15 16 Enterprise Funds: Fiscal Year 2002 Budget Transfers ............................................. 17 17 Appropriation: County Assessment ........................................................................... 17 18 Appropriation: Finalizing Fiscal Year 2003 County Budget ...................................... 17 19 Appropriation: Sanford Fund ...................................................................................... 18 20 Appropriation: State Highway Maintenance .............................................................. 18 21 Appropriation: Chapter 90 Roadwork ........................................................................ 18 22 Authorization: Treasurer and Banking Contracts ....................................................... 19 23 Retirees/Employee Health Insurance Contribution Change ....................................... 19 24 Appropriation: Reimbursement of Legal Fees ............................................................ 19 25 Appropriation: Utility Vehicle/Fire Department ............................................................ 20 26 Appropriation: Breathing Apparatus/Fire Department ................................................ 20 27 Appropriation: Upgrade in Ambulance Service/Fire Department ............................... 20 28 Appropriation: Additional Position/Town Clerk's Office .............................................. 20 29 Appropriation: Records Restoration/Town Clerk's Office ........................................... 21 30 Appropriation: Televising Selectmen's Meetings ........................................................ 21 31 Nantucket Cable Television ........................................................................................ 21 32 Appropriation: Nantucket Atheneum ........................................................................... 22 33 Appropriation: Community Preservation Committee .................................................. 22 34 Siasconset Water Commission: Request for Temporary Compensation .................. 24 35 Zoning Bylaw Amendment: Coordinated Review ....................................................... 24 36 Zoning Bylaw Amendment: Moorlands Management District MMD ........................... 26 37 Zoning Bylaw Amendment: Town and County Overlay District .................................. 27 38 Zoning Bylaw Amendment: Curb Cuts ........................................................................ 32 iii 39 Zoning Map Change .................................................................................................... 32 40 Dedication of Town-owned Land for Park Land .......................................................... 33 41 Zoning Bylaw Amendment: Adult Uses ....................................................................... 34 42 Zoning Bylaw Amendment: Secondary Dwelling ......................................................... 37 43 Zoning Bylaw Amendment: Neighborhood Employee Housing Overlay District .......................................................................................................... 37 44 Zoning Bylaw Amendment: Multi-Family Overlay District ............................................ 38 45 Zoning Bylaw Amendment: Duplex Ownership .......................................................... 39 46 Charter Amendment .................................................................................................... 39 47 Bylaw Amendment: Bicycle Helmets ........................................................................... 40 48 Bylaw Amendment: Selectmen .................................................................................... 41 49 Bylaw Amendment: Wharves and Waterways, Town ................................................. 41 50 Bylaw Amendment: Wharves and Waterways, Town ................................................. 42 51 Bylaw Amendment: Wharves and Waterways, Town ................................................. 42 52 Charter Amendment: Selectmen ................................................................................. 44 53 Bylaw: Polling Places ................................................................................................... 44 54 Bylaw: Street List ......................................................................................................... 45 55 Bylaw: Visitors Fee ...................................................................................................... 45 56 Bylaw: Seasonal Vacation Rental Fee ........................................................................ 47 57 Home Rule Petition: Special Sales Tax ....................................................................... 49 58 Home Rule Petition: Revolving Fund/Airport Fuel Sales............................................. 50 59 Home Rule Petition: Nantucket Islands Land Bank .................................................... 51 60 Home Rule Petition: Historic District Commission/Membership ................................. 52 61 Reauthorization of Previously Approved Home Rule Petitions ................................... 53 62 Community Preservation Act: Amendment of Number of Exemptions from Surcharge ......................................................................................................... 54 63 Advisory Committee on the Monitoring and Coordination of the Island's Transportation Systems............................................................................... 55 64 Real Estate Acquisition: Airport ................................................................................... 56 65 Real Estate Disposition: Easement ............................................................................. 56 66 Real Estate Acquisition: Siasconset Wastewater Treatment Facility ......................... 57 67 Real Estate Acquisition: Siasconset Wastewater Treatment Facility -- Mitigation Area ......................................................................................................... 58 68 Real Estate Conveyance: Nantucket Housing Authority ............................................. 58 69 Real Estate Acquisition: Surfside ................................................................................ 58 70 Greenbelt as Acquisition and Protection Priority ......................................................... 59 71 Resolution Regarding Gardens and Open Lane ......................................................... 61 72 Appropriation: Stabilization Fund ................................................................................. 62 73 Appropriation: Free Cash............................................................................................. 62 2002 Special Town Meeting 1 Real Estate Acquisition: Land Near Town Hall ........................................................... 63 NOTE: PETITION ARTICLES HAVE BEEN PRINTED AS SUBMITTED BY THE PETITIONERS AND MAY CONTAIN TYPOGRAPHICAL AND OTHER ERRORS. iv Page 1 2002 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 1 (Receipt of Reports) To receive the reports of various departments and committees as printed in the Fiscal Year 2001 Annual Town Report or as may come before this meeting. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the reports of various departments and committees as printed in the Fiscal Year 2001 Annual Town Report or as may come before this meeting be accepted and filed with the permanent records of the Town. ARTICLE 2 (Appropriation: Unpaid Bills) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute or transfer from available funds for the payment, pursuant to Chapter 44, Section 64 of the Massachusetts General Laws, of unpaid bills from previous Fiscal Years, including any bills now on overdraft. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Thirty-eight Thousand Four Hundred Eleven Dollars and Thirty-three Cents ($38,411.33) be raised and appropriated from the FY 2003 tax levy and other general revenues to pay the following unpaid bills from previous fiscal years: DEPARTMENT VENDOR AMOUNT Public Works John McLaughlin $132.00 Public Works Steamship Authority $128.25 Public Works Nextel $261.05 Public Works Camp Dresser & McKee $1,558.00 Public Works Nantucket Auto Body $896.00 Public Works Town of Nantucket $94.86 Public Works Hospital Primary Care $143.00 Public Works Nantucket Cottage Hospital $63.23 Public Works Hospital Primary Care $94.00 Public Works Hospital Primary Care $101.00 Public Works Dr. Timothy Lepore $136.00 LIbrary Nantucket Atheneum $15,708.05 School MESPEF $150.00 School McGraw-Hill $10,591.05 School Inquirer & Mirror $147.78 School Steamship Authority $96.00 School Mass. Elementary School Principals $300.00 Community School Nantucket Electric $7,091.29 Selectmen Pioneer Cleaning $350.00 Selectmen National Car Rental $43.57 HDC Mark Voigt $150.00 Conservation Comm. Nantucket Air $176.20 TOTAL $38,411.33 Page 2 2002 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 3 (Appropriation: Prior Year Articles) To see what sums the Town will vote to appropriate and transfer from available funds in Articles voted in prior years. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action. FINANCE COMMITTEE COMMENT: Funding from prior year articles is contained in the motion for Article 8 of this Warrant. ARTICLE 4 (Revolving Accounts: Annual Authorization) To see what revolving accounts the Town may vote to authorize or reauthorize pursuant to Chapter 44, section 53E½ of the General Laws of the Commonwealth. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the revolving funds listed below be hereby authorized to continue during FY 2003 as follows: FUND REVENUE SOURCE AUTHORITY TO SPEND USE OF FUND SPENDING LIMIT Beach Improvement Beach permit sticker sales Board of Selectmen In accordance with C. 56, s. 7A of Town Code, and including Endangered species monitor program; beach patrols; beach use education/information $200,000 Tennis Court Tennis fees Park & Recreation Commission Operation, maintenance of tennis court facility and housing for seasonal staff $300,000 Conservation Fund Conservation Commission application fees Conservation Commission Consulting services in connection with professional review of applications $80,000 Airport Fuel Sales Fuel sales Airport Commission Purchase of fuel $2,300,000 ARTICLE 5 (Appropriation: Reserve Fund) To see what sum the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the purposes of establishing a Reserve Fund in accordance with Chapter 40, section 6 of the General Laws, to provide for extraordinary and unforeseen expenditures which may arise during Fiscal Year 2003, beginning July 1, 2002 and ending June 30, 2003; said sum not to exceed five percent (5%) of the Fiscal Year 2003 tax levy. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Five Hundred Thousand Dollars ($500,000) be raised and appropriated from the FY 2003 tax levy and other general revenues to establish a Reserve Fund for FY 2003 pursuant to Chapter 40, Section 6 of the General Laws. Page 3 2002 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 6 (Fiscal Year 2002 Budget Transfers) To see what sums the Town will vote to transfer into various line items of the Fiscal Year 2002 operating budget from other line items of said budget and from other available funds. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the following budget transfers be made: FROM TO AMOUNT Park & Recreation Salaries Park & Recreation Expenses $25,000 Visitor Services Expenses Reserve Fund $40,050 Town Gas Account Expenses Fire Department Salaries $10,000 Workers’ Compensation Expense Reserve Fund $150,000 Board of Selectmen Expenses Public Buildings Expenses $8,000 Finance Committee Expenses Public Buildings Expenses $5,000 Zoning Enforcement Expenses Reserve Fund $2,000 Zoning Enforcement Expenses Veterans' Services $4,000 ARTICLE 7 (Personnel Compensation Plans for Fiscal Year 2003) To see if the Town will vote to adopt the following Compensation Plans for FY 2003 (NOTE: new language is shown as highlighted text; language to be deleted is shown by strike-out; these methods used to denote changes are not meant to become part of the final text): Schedule A -- Full-time/Non-union Administrative Employees and Laborer’s Union Administrative and Supervisory Group COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule B -- Full-time/Non-union Hourly Employees and Laborer’s Union Clerical Employees COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule C – Laborer’s Union Department Head Group COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule D -- Miscellaneous Compensation Schedule Abatement Advisory Committee (yearly per member)........................................... $600.00 Americans with Disabilities Act Facilitator (hourly) .................................................... 15.00 Building Inspector, Assistant (hourly) ........................................................................ 30.00 Dietician/Our Island Home (hourly) ........................................................................... 33.00 Election Warden (hourly) ........................................................................................... 10.00 Election Worker (hourly) .............................................................................................. 8.50 EMT, Call (per call) .................................................................................................... 15.00 Fire Captain, Call (yearly) ........................................................................................ 150.00 Fire Fighter, Call (per call) ......................................................................................... 15.00 Fire Lieutenant, Call (yearly) .................................................................................... 125.00 Page 4 2002 Annual Town Meeting Warrant with Finance Committee Recommendations Fire Chief, Second Deputy (yearly) ....................................................................... 5,000.00 Fire Chief, Third Deputy (yearly) ........................................................................... 5,000.00 Plumbing Inspector, Assistant (hourly) ...................................................................... 30.00 Registrar of Voters (yearly) ...................................................................................... 600.00 Registrar, Temporary Assistant (hourly) .................................................................... 10.00 Sheriff, Deputy (yearly).......................................................................................... 3,500.00 Teen Center Staff (hourly) ......................................................................................... 11.00 Teen Center Staff/Second Year (hourly) ................................................................... 12.00 Temporary Employee .........................................................................various rates of pay Wiring Inspector, Assistant (hourly) ........................................................................... 30.00 Veterans' Agent (hourly) ............................................................................................ 15.00 Schedule E -- Seasonal Employee Compensation Schedule (Spring, Summer, Fall, Winter/Effective April 15, 2002- April 14, 2003) Compensation Level Start Second Season Third Season A-Hourly* $11.00 $12.00 $13.00 B-Hourly* $11.50 $12.50 $13.50 C-Hourly* $12.50 $13.50 $14.50 D-Hourly* $13.00 $14.00 $15.00 E-Hourly* $15.00 $15.50 $16.00 *An employee assigned supervisory responsibilities shall be placed in the next higher category. A: Dock Attendant, Information Aide, Matron B: Swimming Instructor, Arts & Crafts Instructor, Seasonal Health Assistant, Shellfish Warden, Endangered Species Monitor, Parking Control Officer, Laborer (Public Works) C: Endangered Species Monitor Supervisor, Summer Recreation Coordinator, Dock Worker D: Seasonal Firefighter/EMT, Summer Special Police, Lifeguard, Tennis Instructor, Laborer (Park & Recreation) E. Lifeguard Supervisor, Madaket Harbormaster Schedule F -- Scallop Season Compensation Schedule $35.00/day to be paid when scalloping activity is taking place. Schedule G -- Our Island Home Registered Nurse Compensation Schedule COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule H -- Department of Public Works Union Compensation Schedule COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule I -- Fire Department Union Compensation Schedule CONTRACT CURRENTLY UNDER NEGOTIATION Schedule J -- Our Island Home Union Compensation Schedule COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule K -- Police Department Union Compensation Schedule COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule L – Dispatchers’ Union Compensation Schedule Page 5 2002 Annual Town Meeting Warrant with Finance Committee Recommendations COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule M -- Compensation Schedule for Elected Officials* Moderator ................................ $150 per year Selectman, Chair ................. $5,000/per year Selectmen ............................ $3,500/per year Register of Deeds ..................................... SD Sheriff ........................................................ SE Town Clerk ................................................ SD Level Start After 12 After 24 After 36 After 48 After 60 After 72 After 84 Mos. Mos. Mos. Mos. Mos. Mos. Mos. A $34,555 $36,283 $38,097 $40,001 $42,003 $44,103 $46,307 $48,623 B $39,849 $41,842 $43,933 $46,130 $48,437 $50,858 $53,400 $56,072 C $46,054 $48,356 $50,775 $53,315 $55,979 $58,779 $61,717 $64,802 D $51,977 $54,576 $57,304 $60,170 $63,179 $66,337 $69,656 $73,137 E $57,206 $60,065 $63,069 $66,223 $69,532 $73,009 $76,661 $80,495 F $62,374 $65,493 $68,768 $72,206 $75,815 $79,607 $83,588 $87,766 Longevity pay: After completion of five (5) years ............................... 2% of base annual pay After completion of ten (10) years ............................. 3% of base annual pay After completion of fifteen (15) years......................... 4% of base annual pay After completion of twenty (20) years ........................ 5% of base annual pay *Other than establishing the salary pursuant to MGL c. 41, s. 108, these positions are excluded from the Personnel Bylaw of the Town. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the following compensation plans be adopted for FY 2003: Schedule A -- Full-time/Non-union Administrative Employees and Laborer’s Union Administrative and Supervisory Group COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule B -- Full-time/Non-union Hourly Employees and Laborer’s Union Clerical Employees COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule C – Laborer’s Union Department Head Group COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule D -- Miscellaneous Compensation Schedule Abatement Advisory Committee (yearly per member) ..................................... $600.00 Americans with Disabilities Act Facilitator (hourly) ............................................ 15.00 Building Inspector, Assistant (hourly) .................................................................. 30.00 Dietician/Our Island Home (hourly) ....................................................................... 33.00 Election Warden (hourly) ........................................................................................ 10.00 Election Worker (hourly) ........................................................................................... 8.50 EMT, Call (per call) ................................................................................................... 15.00 Page 6 2002 Annual Town Meeting Warrant with Finance Committee Recommendations Fire Captain, Call (yearly) ...................................................................................... 150.00 Fire Fighter, Call (per call) ....................................................................................... 15.00 Fire Lieutenant, Call (yearly) ................................................................................. 125.00 Fire Chief, Second Deputy (yearly) ................................................................... 5,000.00 Fire Chief, Third Deputy (yearly)........................................................................ 5,000.00 Plumbing Inspector, Assistant (hourly) ................................................................. 30.00 Registrar of Voters (yearly) ................................................................................... 600.00 Registrar, Temporary Assistant (hourly) ............................................................... 10.00 Sheriff, Deputy (yearly) ....................................................................................... 3,500.00 Teen Center Staff (hourly) ....................................................................................... 11.00 Teen Center Staff/Second Year (hourly) ................................................................ 12.00 Temporary Employee .......................................................................various rates of pay Wiring Inspector, Assistant (hourly) ...................................................................... 30.00 Veterans' Agent (hourly) ......................................................................................... 15.00 Schedule E -- Seasonal Employee Compensation Schedule (Spring, Summer, Fall, Winter/Effective April 15, 2002- April 14, 2003) Compensation Level Start Second Season Third Season A-Hourly* $11.00 $12.00 $13.00 B-Hourly* $11.50 $12.50 $13.50 C-Hourly* $12.50 $13.50 $14.50 D-Hourly* $13.00 $14.00 $15.00 E-Hourly* $15.00 $15.50 $16.00 *An employee assigned supervisory responsibilities shall be placed in the next higher category. A: Dock Attendant, Information Aide, Matron B: Swimming Instructor, Arts & Crafts Instructor, Seasonal Health Assistant, Shellfish Warden, Endangered Species Monitor, Parking Control Officer, Laborer (Public Works) C: Endangered Species Monitor Supervisor, Summer Recreation Coordinator, Dock Worker D: Seasonal Firefighter/EMT, Summer Special Police, Lifeguard, Tennis Instructor, Laborer (Park & Recreation) E. Lifeguard Supervisor, Madaket Harbormaster Schedule F -- Scallop Season Compensation Schedule $35.00/day to be paid when scalloping activity is taking place. Schedule G -- Our Island Home Registered Nurse Compensation Schedule COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Page 7 2002 Annual Town Meeting Warrant with Finance Committee Recommendations Schedule H -- Department of Public Works Union Compensation Schedule CONTRACT CURRENTLY UNDER NEGOTIATION Schedule I -- Fire Department Union Compensation Schedule COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule J -- Our Island Home Union Compensation Schedule COMPENSATION SCHEDULE ON FILE IN THE SELECTMEN’S OFFICE Schedule K -- Police Department Union Compensation Schedule CONTRACT CURRENTLY UNDER NEGOTIATION Schedule L – Dispatchers’ Union Compensation Schedule CONTRACT CURRENTLY UNDER NEGOTIATION Schedule M -- Compensation Schedule for Elected Officials* Moderator........................ $150 per year Selectman, Chair ......... $5,000/per year Selectmen .................... $3,500/per year Register of Deeds ............................. SD Sheriff ................................................. SE Town Clerk ......................................... SD Level Start After 12 After 24 After 36 After 48 After 60 After 72 After 84 Mos. Mos. Mos. Mos. Mos. Mos. Mos. A $34,555 $36,283 $38,097 $40,001 $42,003 $44,103 $46,307 $48,623 B $39,849 $41,842 $43,933 $46,130 $48,437 $50,858 $53,400 $56,072 C $46,054 $48,356 $50,775 $53,315 $55,979 $58,779 $61,717 $64,802 D $51,977 $54,576 $57,304 $60,170 $63,179 $66,337 $69,656 $73,137 E $57,206 $60,065 $63,069 $66,223 $69,532 $73,009 $76,661 $80,495 F $62,374 $65,493 $68,768 $72,206 $75,815 $79,607 $83,588 $87,766 Longevity pay: After completion of five (5) years ........................... 2% of base annual pay After completion of ten (10) years .......................... 3% of base annual pay After completion of fifteen (15) years .................... 4% of base annual pay After completion of twenty (20) years ................... 5% of base annual pay *Other than establishing the salary pursuant to MGL c. 41, s. 108, these positions are excluded from the Personnel Bylaw of the Town. Page 8 2002 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 8 (Appropriation: Fiscal Year 2003 Operating Budget) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the purposes of supporting the offices, departments, boards and commissions of the Town of Nantucket for FY 2003. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the following FY 2003 operating budget be established for the various offices, departments, boards and commissions of the Town as follows: Department FY 2003 FY 2003 FY 2003 FY 2002 Payroll Expenses Total Budget Total Budget GENERAL GOVERNMENT Conservation Commission $74,534 $41,445 $115,979 $94,403 Disability, Commission on $10,652 $3,156 $13,808 $14,093 Finance Committee $0 $14,860 $14,860 $19,000 Finance & Operations $940,517 $242,253 $1,182,770 $1,119,201 Historic District Commission $150,142 $20,164 $170,306 $172,189 Information Systems/GIS $203,929 $122,085 $326,014 $267,470 Legal $0 $270,244 $270,244 $294,314 Moderator $0 $1,500 $1,500 $350 NP & EDC $241,972 $42,640 $284,612 $322,036 Personnel Board $0 $9,000 $9,000 $9,700 Planning Board $40,386 $6,955 $47,341 $47,651 Selectmen $279,208 $101,083 $380,291 $384,029 Town Clerk $109,496 $44,010 $153,506 $154,076 Zoning Board of Appeals $48,649 $16,888 $65,537 $80,854 Subtotal $2,099,485 $936,283 $3,035,768 $2,979,366 SAFETY & PROTECTION Inspectors $486,742 $34,822 $521,564 $558,725 Emergency Mgt. $0 $10,153 $10,153 $11,078 Fire Department $1,465,271 $157,610 $1,622,881 $1,620,264 Health Department $180,818 $25,280 $206,098 $190,349 Parking Clerk $0 $12,052 $12,052 $13,100 Police Department & Animal Control $2,494,521 $358,360 $2,852,881 $2,836,909 Street Lighting $0 $75,000 $75,000 $68,600 Zoning Enforcement $48,690 $9,200 $57,890 $57,000 Subtotal $4,676,042 $682,477 $5,358,519 $5,356,025 MARINE & COASTAL RESOURCES Page 9 2002 Annual Town Meeting Warrant with Finance Committee Recommendations Department FY 2003 FY 2003 FY 2003 FY 2002 Payroll Expenses Total Budget Total Budget * Marine Department $346,560 $64,200 $410,760 $703,649 Subtotal $346,560 $64,200 $410,760 $703,649 MAINTENANCE Gas/Town Vehicles $0 $124,000 $124,000 $142,157 Mosquito Control $96,082 $20,000 $116,082 $135,000 Public Buildings $0 $422,382 $422,382 $365,510 Public Works $1,165,454 $463,000 $1,628,454 $1,902,610 Subtotal $1,261,536 $1,029,382 $2,290,918 $2,545,277 HUMAN SERVICES Aging, Council on $105,614 $22,239 $127,853 $139,878 Human Services, Council for $77,502 $7,326 $84,828 $84,206 Our Island Home $2,823,909 $567,550 $3,391,459 $3,234,591 Veterans' Services $9,942 $400 $10,342 $10,200 Subtotal $3,016,967 $597,515 $3,614,482 $3,468,875 CULTURE & RECREATION Atheneum $0 $307,500 $307,500 $300,000 * Park & Recreation $494,799 $130,992 $625,791 $441,494 Town Clock $0 $6,600 $6,600 $8,100 Visitor Services $186,007 $154,962 $340,969 $397,415 Subtotal $680,806 $600,054 $1,280,860 $1,147,009 Total of Department Oper. Budgets $12,081,396 $3,909,911 $15,991,307 $16,200,201 EDUCATION Community School $0 $300,000 $300,000 $342,042 School Department $12,250,000 $2,935,000 $15,185,000 $14,763,256 Subtotal $12,250,000 $3,235,000 $15,485,000 $15,105,298 Grand Total of Gen Gov't. $24,331,396 $7,144,911 $31,476,307 $31,305,499 Oper. Bdgts DEBT SERVICE Principal $2,245,000 $2,245,000 $2,135,000 Interest $1,998,484 $1,998,484 $2,335,374 Subtotal $4,243,484 $4,243,484 $4,470,374 INSURANCES payroll related all other Auto Casualty $132,000 $132,000 $120,000 Blanket Liability $396,000 $396,000 $360,000 Claims Deductible $12,100 $12,100 $11,000 Insurance Consulting $22,000 $22,000 $20,000 Page 10 2002 Annual Town Meeting Warrant with Finance Committee Recommendations Department FY 2003 FY 2003 FY 2003 FY 2002 Payroll Expenses Total Budget Total Budget Life Insurance $19,800 $19,800 $18,000 Medical Insurance $4,875,000 $4,875,000 $3,900,000 Unemployment $60,000 $60,000 $33,000 Workers Compensation $152,000 $152,000 $152,000 Laborer's Union Pension $22,000 $22,000 $22,000 Subtotal $5,128,800 $562,100 $5,690,900 $4,636,000 Grand Total of $29,460,196 $11,950,495 $41,410,691 $40,411,873 Operating Budget (** Funding for lifeguards has been transferred from the Marine Department to the Park and Recreation Department) And to meet these appropriations, the sum of Thirty-nine Million Three Hundred Nineteen Thousand Five Hundred Sixteen Dollars and Forty-five Cents ($39,315,516.45) be raised and appropriated from the FY 2003 tax levy and other general revenues of the Town, One Million Sixty-five Thousand Dollars ($1,065,000) be hereby transferred from the Town's pension trust fund, and One Million Thirty Thousand One Hundred Seventy-four Dollars and Fifty-five Cents ($1,030,174.55) be transferred from the Articles listed below: Department ATM Article Description Re-Appropriate Selectmen 1999 10 Chairlift at 22 Federal $50,000.00 Selectmen 1998 28 Harbor Study $186.00 Selectmen 1998 10 Town Pier Parking Lot Phase II $38,336.00 DPW 1996 10 Improve DPW Garage $1,465.25 DPW 1999 10 Dump truck w/ sander & plow $24,008.00 Finance 2000 10 Computer Network $10.48 Fire 1999 10 Fire Station Expansion $690,000.00 Fire 2000 10 Fire Engine $2,148.00 Park & Rec 1998 10 Madaket Bath House $151,785.70 Marine 1999 10 Brant Point Boat Ramp Repairs & Improvements $6,753.00 Our Island Home 1998 10 Furniture Replacement $11.71 Planning 2000 10 Five Corners Streetscape $50,000.00 Planning 1998 10 In-Town Bike Path Design $1,450.00 Planning 1997 10 In-Town Bike Path Design $14,000.00 School 1999 10 Computer Technology $20.41 TOTAL $1,030,174.55 Page 11 2002 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 9 (Appropriation: Health and Human Services) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the Council for Human Services to be used by the Council to contract with various health and human service, private not-for-profit corporations to provide for the health, safety and welfare of the inhabitants of the Town of Nantucket; further, that all such sums be expended on the condition that contracts be executed by and between the Board of Selectmen and the respective private, not-for-profit agency for FY 2003, which contracts shall stipulate mutually agreed upon terms and conditions. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Four Hundred Thirteen Thousand Two Hundred Dollars ($413,200) be raised and appropriated from the FY 2003 tax levy and other general revenues and used to fund contracts for the following health and human service, private not-for-profit agencies to provide for the health, safety and welfare of the inhabitants of the Town of Nantucket, provided that the Board of Selectmen execute contracts with the respective private, not-for-profit agencies for FY 2003, which contracts shall stipulate mutually agreed upon terms and conditions: AGENCY AMOUNT Nantucket Cottage Hospital Community Health Program $24,000 A Safe Place $20,000 Elder Services $6,800 Family & Children’s’ Services $130,000 Food Pantry $30,000 Legal Services of Cape Cod & Islands $3,400 Small Friends $15,000 Nantucket Partnership for Asst’d Living/Sherburne Commons $5,000 Big Brothers Big Sisters $9,000 Interfaith Council Housing Advocate $15,000 Nantucket Regional Transit Authority $75,000 Adult Community Day Care $80,000 TOTAL $413,200 ARTICLE 10 (Appropriation: General Fund Capital Expenditures) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute or transfer from available funds, for the purposes of capital expenditures for FY 2003 for the offices, departments, boards, and commissions of the Town of Nantucket. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the following capital expenditures for general fund departments be approved by FY 2003, and for all such expenditures to be made by the Board of Selectmen: Page 12 2002 Annual Town Meeting Warrant with Finance Committee Recommendations DEPARTMENT ITEM AMOUNT School Department Replace HV13 and exhaust fans, NHS kitchen $85,000.00 Replace (3) cluster unit ventilators at NES $30,000.00 Rebuild boiler # 1 at NHS $35,000.00 Replace music room roof (band room not included) $40,000.00 Fuel Oil Tank testing and certifications - Mandated $10,000.00 Install ventilation system in weight room $45,000.00 Replace fire alarm and security system at NES $125,000.00 Replace kindergarten playground $30,000.00 Replace skylights at NHS and CPS $150,000.00 Replace corridor and down lights - Two fire alarms this year $65,000.00 Replace HV 1 and associated equipment - Pool $200,000.00 Replace façade of original section at NES $950,000.00 Façade and Panel replacements at NHS $300,000.00 Paint exterior of NHS $280,000.00 Board of Selectmen Construct Old South Road Bike Path and/or Fairgrounds Road Bike Path $600,000.00 Park & Recreation Madaket Bath House $250,000.00 Fire Department Construction of Fire Station Expansion $1,100,000.00 Total $4,295,000.00 And, to meet the appropriation that the Treasurer of the Town, with the approval of the Board of Selectmen, is authorized to borrow Four Million Two Hundred Ninety-five Thousand Dollars ($4,295,000.00) pursuant to any applicable statute, contingent upon the passage by ballot of a referendum question exempting the principal so borrowed and interest from the limitations of Proposition 2 ½ so-called (Chapter 59, Section 21C). ARTICLE 11 (Appropriation: Ambulance Reserve Fund) To see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute or transfer from available funds, the sum of Fifty-three Thousand Dollars ($53,000), for the purchase of ambulance-related equipment, including but not limited to extrication collars, backboards and other emergency equipment, oxygen tanks and refills, blankets and other linens, bandages and other medical supplies, fuel, repairs and maintenance for three ambulances, and the cost of EMT training classes. All expenditures to be made by the Fire Department, subject to the approval of the Board of Selectmen and/or Town Administrator. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Fifty-three Thousand Dollars ($53,000) be appropriated from the Ambulance Reserve Fund for the purchase of ambulance-related Page 13 2002 Annual Town Meeting Warrant with Finance Committee Recommendations equipment, including but not limited to extrication collars, backboards and other emergency equipment, oxygen tanks and refills, blankets and other linens, bandages and other medical supplies, fuel, repairs and maintenance for three ambulances, and the cost of EMT training classes. All expenditures to be made by the Fire Department, subject to the approval of the Board of Selectmen. ARTICLE 12 (Appropriation: Enterprise Funds Operations) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the operation of the following Enterprise Funds of the Town of Nantucket for FY 2003: Nantucket Memorial Airport, Wannacomet Water Company, Siasconset Water Company, Sewer Enterprise, and Solid Waste Enterprise, out of anticipated revenues of the designated enterprise funds, for the purposes set forth above. (Board of Selectmen for the Various Departments Indicated) FINANCE COMMITTEE MOTION: Moved that the following FY 2003 operating budgets be approved for the Enterprise Funds, with the Airport appropriation to be expended through the Airport Commission; the Siasconset Water appropriation to be expended through the Siasconset Water Commission; the Wannacomet Water appropriation to be expended through the Nantucket Water Commission; and the remaining appropriations to be expended through the Board of Selectmen: FUND FY 03 PAYROLL FY 03 EXPENSES FY 03 TOTAL BUDGET FY 02 TOTAL BUDGET Airport $2,365,553 $5,747,815 $8,113,368 $8,057,230 Sewer (Wastewater Treatment; Collection & Disposal) $432,383 $657,832 $1,090,215 901,988 Siasconset Water $55,010 $128,990 $184,000 150,381 Solid Waste 0 $4,742,490 $4,742,490 4,380,897 Wannacomet Water $714,060 $1,596,690 $2,310,750 2,221,660 TOTALS $3,567,006 $12,873,817 $16,440,823 $15,712,156 Further, that the above appropriations be funded as follows: FUND FUNDING SOURCE Airport FY 03 Anticipated Revenues: $8,113,368 Sewer FY 03 Anticipated Revenues: $1,090,215 Siasconset Water FY 03 Anticipated Revenues: $184,000 Solid Waste FY 03 Anticipated Revenues: $2,576,000 FY 03 Tax Levy and Other General Revenue: $1,900,000 Retained Earnings: $266,490 Wannacomet Water FY 03 Anticipated Revenues: $2,310,750 Page 14 2002 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 13 (Appropriation: Enterprise Funds Capital Expenditures) To see what sums the Town will vote to appropriate from the sources indicated below, for the purposes of capital expenditures in FY 2003 for the following Enterprise Funds established under the jurisdiction of the Town of Nantucket: Nantucket Memorial Airport, Wannacomet Water Company, Siasconset Water Company, Sewer Enterprise, and Solid Waste Enterprise. (Board of Selectmen for the Various Departments Indicated) FINANCE COMMITTEE MOTION: Moved that the following capital expenditures be approved for the Enterprise Fund departments for FY 2003 with the Airport appropriations to be expended through the Airport Commission, the Wannacomet Water appropriations to be expended through the Nantucket Water Commission, the Siasconset Water appropriation to be expended through the Siasconset Water Commission and the Solid Waste appropriations to be expended through the Board of Selectmen: DEPARTMENT ITEM(S) AMOUNT Airport Structural Fire Truck Purchase $230,000 Terminal Security Options Layout $80,000 EA/EIR Additional Studies $150,000 South Apron Pavement, Fencing & Taxiway F Reconstruction $1,400,000 Runway 6 ILS Installation $1,000,000 Refurbish ARFF Vehicle $175,000 Electric Security Gates $150,000 Operations Building $100,000 Employee Housing Design $100,000 Emergency Security Plan, Fencing & Equipment $270,000 Subtotal $3,655,000 Solid Waste Hazardous Waste Materials Building $100,000 Subtotal $100,000 Siasconset Water Replacement of control systems and distribution system improvements $100,000 Subtotal $100,000 Wannacomet Water Distribution System Improvements $500,000 Subtotal $500,000 TOTAL $4,355,000 And, to meet these appropriations, that the following funding sources be used: FUNDING SOURCE AMOUNT Airport Borrowing $3,655,000 Siasconset Water Retained Earnings $100,000 Solid Waste Borrowing $100,000 Wannacomet Retained Earnings $500,000 Page 15 2002 Annual Town Meeting Warrant with Finance Committee Recommendations TOTAL $4,355,000.00 Further, that the Treasurer of the Town of Nantucket, with the approval of the Board of Selectmen, borrow the sum of Three Million Six Hundred Fifty-five Thousand Dollars ($3,655,000) in anticipation of federal and/or state grants, with the intent that any and all repayments and debt service (if applicable) are to come from Airport revenues; and, that the Treasurer of the Town with the approval of the Board of Selectmen borrow the sum of One Hundred Thousand Dollars ($100,000) as a general obligation of the Town, with the intent that all repayments and debt service are to come from Solid Waste Enterprise Fund revenues. ARTICLE 14 (Appropriation: Airport Terminal Design) To see if the Town will vote to appropriate, and also to raise, borrow, pursuant to any applicable statute or transfer from available funds, including anticipated Airport revenues, a sum not to exceed One Million Dollars ($1,000,000) to engage professional services to design a reconstruction and/or expansion of the Airport Terminal Building, including a design for temporary relocation space for the existing businesses at the Airport during construction, aircraft ramp usage and redesign, and the parking lot and terminal accessways, including taxi usage, NRTA space and rent-a-car ready areas, provided however that these funds may be used only for design, it being the intent that the design will be submitted to a subsequent Town Meeting for appropriation of funding for construction; further that design services are procured under the provisions of applicable Massachusetts General Law; further, to authorize the Airport Commission to take other action necessary to assist the design process, including applying for and expending federal and/or state grants, or to take any other action relative thereto. (Board of Selectmen for Airport Commission) FINANCE COMMITTEE MOTION: Moved that the sum of One Million Dollars ($1,000,000) be appropriated for the Airport Commission to engage professional services to design a reconstruction and/or expansion of the Airport Terminal Building, including a design for temporary relocation space for the existing businesses at the Airport during construction, aircraft ramp usage and redesign, and the parking lot and terminal access ways, including taxi usage, NRTA space and rent-a-car ready areas, provided however that these funds may be used only for design, it being the intent that the design will be submitted to a subsequent Town Meeting for appropriation of funding for construction; further that design services are procured under the provisions of applicable Massachusetts General Law; further, to authorize the Airport Commission to take other action necessary to assist the design process, including applying for and expending federal and/or state grants; and further to meet this appropriation, the treasurer of the Town, with the approval of the Board of Selectmen, borrow the sum of one million dollars ($1,000,000) as general obligations of the Town with the intent that all repayments and debt service are to come from Airport revenues. ARTICLE 15 (Appropriation Amendment: Siasconset Wastewater Treatment Facility) To see if the Town will vote to amend Article 13 (Appropriation: Enterprise Funds Capital Expenditures) of the April 9, 2001 Annual Town Meeting, adopted at the April 10, 2001 adjourned session by amending the funding source for the appropriation voted for the Siasconset Treatment Facility as follows: Page 16 2002 Annual Town Meeting Warrant with Finance Committee Recommendations Delete in the list of funding sources the line item “Sewer Treatment Facility Capital Project Fund, $3,216,375” and substitute the following text at the end of the existing vote: “and further to meet the appropriation for the Siasconset Sewer Treatment Facility, the treasurer of the town, with the approval of the Board of Selectmen, be authorized to borrow $3,216,375 from the Massachusetts Water Pollution Abatement Trust and/or the State Revolving Loan Fund pursuant to chapter 29C of the general laws or any other source, or pursuant to any other applicable statute, it being the intent that such additional borrowing be general obligation bonds of the town but that the repayment and costs thereof be paid for from Sewer Enterprise Fund revenues, and further because it is currently anticipated that such borrowing from such Trust or Fund would not be available until FY 2003 or later, the Board of Selectmen are authorized to temporarily advance up to and including $3,216,375 from Article 1 of the Special Town Meeting of February 5, 1987 as amended by Article 103 of the 1987 Annual Town Meeting and Article 18 of the 1988 Annual Town Meeting until the borrowings authorized by this article are complete, in which case upon receipt of the proceeds borrowed, such amounts so temporarily advanced shall be restored to the Article 1 of the Special Town Meeting of February 5, 1987 as amended by Article 103 of the 1987 Annual Town Meeting and Article 18 of the 1988 Annual Town Meeting”. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Article 13 (Appropriation: Enterprise Funds Capital Expenditures) of the April 9, 2001 Annual Town Meeting, adopted at the April 10, 2001 adjourned session be amended so that the funding source for the appropriation voted for the Siasconset Treatment Facility is amended as follows: Delete in the list of funding sources the line item “Sewer Treatment Facility Capital Project Fund, $3,216,375” and substitute the following text at the end of the existing vote: “and further to meet the appropriation for the Siasconset Sewer Treatment Facility, the treasurer of the town, with the approval of the Board of Selectmen, be authorized to borrow $3,216,375 from the Massachusetts Water Pollution Abatement Trust and/or the State Revolving Loan Fund pursuant to chapter 29C of the general laws or any other source, or pursuant to any other applicable statute, it being the intent that such additional borrowing be general obligation bonds of the town but that the repayment and costs thereof be paid for from Sewer Enterprise Fund revenues, and further because it is currently anticipated that such borrowing from such Trust or Fund would not be available until FY 2003 or later, the Board of Selectmen are authorized to temporarily advance up to and including $3,216,375 from Article 1 of the Special Town Meeting of February 5, 1987 as amended by Article 103 of the 1987 Annual Town Meeting and Article 18 of the 1988 Annual Town Meeting until the borrowings authorized by this article are complete, in which case upon receipt of the proceeds borrowed, such amounts so temporarily advanced shall be restored to the Article 1 of the Special Town Meeting of February 5, 1987 as amended by Article 103 of the 1987 Annual Town Meeting and Article 18 of the 1988 Annual Town Meeting.” Page 17 2002 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 16 (Enterprise Accounts: Fiscal Year 2002 Budget Transfers) To see what sums the Town will vote to transfer into various line items of Fiscal Year 2002 Enterprise Fund operating budgets from other line items of said budget and from Enterprise Surplus Reserve funds. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the following budget transfers be made: FROM TO AMOUNT Airport Expenses Airport Salaries $173,500 ARTICLE 17 (Appropriation: County Assessment) To see if the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, to pay the County of Nantucket such assessment as is required for FY 2003, and to authorize the expenditure of these funds for County purposes, all in accordance with the General Laws and in accordance with the County Charter (Chapter 290, Acts of 1996), the sum of One Hundred Thousand Dollars ($100,000). (Board of Selectmen/County Commissioners) FINANCE COMMITTEE MOTION: Moved that One Hundred Thousand Dollars ($100,000) be raised and appropriated from the FY 2003 tax levy and other general revenues for the FY 2003 County assessment. ARTICLE 18 (Appropriation: Finalizing Fiscal Year 2003 County Budget) To see if the Town will vote to overturn any denial of approval by the Nantucket County Review Committee, of any item of the County budget for FY 2003 by appropriating a sum of money for such County budget and authorizing the expenditure of estimated County revenues, County reserve funds, County deed excise fees or other available County funds including the Town assessment for County purposes; further, to see if the Town will vote to overturn any denial by the Nantucket County Review Committee of the establishment of a County Reserve Fund, from which transfers may be made to meet extraordinary or unforeseen expenditures with the approval of the County Commissioners acting as the County Advisory Board Executive Committee within the meaning of c. 35, s. 32 of the General Laws of the Commonwealth. (Board of Selectmen/County Commissioners) FINANCE COMMITTEE MOTION: Moved to take no action on this Article. Page 18 2002 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 19 (Sanford Fund) To see what disposition the Town will make of interest and income from the Sanford Fund; which fund requires that such sums be expended on public roads of the Town of Nantucket as the citizens of the Town may determine by their vote at the Annual Town Meeting. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Four Thousand Dollars ($4,000.00) be appropriated from the Sanford Fund to be expended by the Board of Selectmen on public roads of the Town. ARTICLE 20 (State Highway Maintenance) To see if the Town of Nantucket, acting under the authority of Chapter 81, Section 15 of the General Laws, will vote to authorize the Board of Public Works to contract with the Massachusetts Highway Department for the maintenance of the state highway; further, to appropriate, and also to raise, from the FY 2003 tax levy and other general revenues of the Town, the sum of Thirty-five Thousand Dollars ($35,000) for such purpose; and, to authorize the Board of Selectmen/Board of Public Works through the Department of Public Works to accept a state grant in that amount for the purposes set forth in this Article. All expenditures under such grant shall be of the type that will be eligible for reimbursement. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Thirty-five Thousand Dollars ($35,000) be raised and appropriated from the FY 2003 tax levy and other general revenues of the Town for the maintenance of the state highway; and, that the Board of Selectmen/Board of Public Works through the Department of Public Works be authorized to accept a state grant in that amount for the purposes set forth in this Article. All expenditures under such grant shall be of the type that will be eligible for reimbursement. ARTICLE 21 (Chapter 90 Roadwork) To see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute or transfer from available funds the sum of Fifty Thousand Dollars ($50,000) to be spent under the direction of the Board of Public Works in FY 2003 toward public roads. Further, to authorize the Board of Selectmen to apply for, accept and expend a grant in the amount of Fifty Thousand Dollars ($50,000) which is to be the State's contribution and/or reimbursement under Chapter 90, Section 34(2a) of the General Laws for repairs, maintenance and improvements to public roads under the direction of the Board of Public Works; all expenditures made under this Article shall be of the type that will be eligible for reimbursement. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Fifty Thousand Dollars ($50,000) be appropriated for repairs, maintenance and improvements to public roads under the direction of the Board of Selectmen/Board of Public Works; and that the Board of Selectmen/Board of Public Works be authorized to accept a state grant in that amount for such purposes. All expenditures under this Article shall be of the type that are eligible for reimbursement. Page 19 2002 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 22 (Authorization: Treasurer and Banking Contracts) To see if the Town will vote to authorize the Treasurer/Collector, with the approval of the Board of Selectmen, to enter into a written banking services agreement for a period not to exceed three (3) years, as authorized under the provisions of General Laws Chapter 44 §§ 53F, commencing with the fiscal year starting July 1, 2002. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Treasurer/Collector, with the approval of the Board of Selectmen, is authorized to enter into a written banking services agreement for a period not to exceed three (3) years, as authorized under the provisions of General Laws Chapter 44 §§ 53F, commencing with the fiscal year starting July 1, 2002. ARTICLE 23 (Retirees/Employee Health Insurance Contribution Change) To see if the Town will vote to amend the action taken pursuant to Articles 15, and 16 of the 1985 Special Town Meeting and pursuant to Article 74 of the 1987 Annual Town Meeting by amending the percentage contribution paid by retirees, retirees’ surviving spouses and dependents, and by employees toward the premium costs of Group Life/Health Insurance from the rate established by vote of the Town in said Articles (10% of the cost of such premiums) to a new rate, and to set the total contribution of the Town for the cost of premiums for such Group Life/Health Insurance to a new rate, subject to any collective bargaining obligations with respect thereto, or take any other action relative thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Articles 15 and 16 of the 1985 Special Town Meeting and Article 74 of the 1987 Annual Town Meeting be repealed. FINANCE COMMITTEE COMMENT: As the percentage contribution of health insurance premiums paid by retired and current Town employees is subject to collective bargaining agreements and to State Law, all of the above-referenced articles are non-binding. ARTICLE 24 (Appropriation: Reimbursement of Legal Fees) To see if the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute or transfer from available funds the sum of Two Thousand Five Hundred Dollars ($2,500) to be paid to Brian D. Walsh (an employee of the Town of Nantucket) to reimburse him for legal expenses expended by him in connection with his defense of criminal charges brought by the Commonwealth against him for negligent driving, which charges ultimately were dismissed. (Board of Selectmen for Brian D. Walsh) FINANCE COMMITTEE MOTION: Moved that Two Thousand Five Hundred Dollars ($2,500) be raised and appropriated from the FY 03 tax levy and other general revenues for the reimbursement of expenses expended by Brian D. Walsh in connection with his defense of criminal charges brought by the Commonwealth against him for negligent driving, which charges ultimately were dismissed. Page 20 2002 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 25 (Appropriation: Utility Vehicle/Fire Department) To see if the Town will vote to raise and appropriate, borrow or transfer from available funds, the sum of forty thousand dollars ($40,000) for the Fire Department to purchase a four wheel drive Utility Truck with a snow plow. The truck would be used for a variety of daily duties as well as responding to the ever-increasing beach emergencies and unique situations. (Steven A. Murphy, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. ARTICLE 26 (Appropriation: Breathing Apparatus/Fire Department) To see if the Town will vote to raise and appropriate, borrow or transfer from available funds, the sum of thirty-five thousand dollars ($35,000) for the Fire Department to replace the breathing air compressor at the Fire Station. The compressor is of vital importance in providing reliable breathing air for air packs worn by firefighters in hazardous environments. The current compressor is 16 years old and becoming difficult to maintain. (Steven A. Murphy, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. FINANCE COMMITTEE COMMENT: The equipment described in the Article has been or will be purchased by the Nantucket Sheriff with County Deeds Excise Funds. ARTICLE 27 (Appropriation: Upgrade in Ambulance Service/Fire Department) To see if the Town will vote to raise and appropriate, borrow or transfer from available funds, the sum of three hundred and fifty thousand dollars ($350,000.00) for the Fire Department for training, equipping and upgrading the Towns Ambulance Service to the Level of Advance Life Support (ALS). Advanced Life Support is care given by Emergency Medical Technicians-Paramedics in the Ambulance before arrival at the hospital and will greatly improve the care given to the residents of Nantucket. (Steven A. Murphy, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. FINANCE COMMITTEE COMMENT: The Committee feels that such a program as described in the Article requires detailed study and review prior to consideration for implementation. ARTICLE 28 (Appropriation: Additional Position/Town Clerk’s Office) To see if the Town will vote to raise and appropriate, borrow or transfer from available funds, the sum of $27,827 (Twenty-seven Thousand, Eight Hundred Twenty-seven dollars) in order to fund an additional full-time clerical position in the Office of the Town Clerk. Said position would include all benefits accorded an employee of the Town of Nantucket. (Catherine Flanagan Stover, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. Page 21 2002 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 29 (Appropriation: Records Restoration/Town Clerk’s Office) To see if the Town will vote to raise and appropriate, borrow or transfer from available funds, the sum of $78,154 (Seventy-eight Thousand, One Hundred Fifty-four) during fiscal year 2003, in order to comply with Massachusetts General Law Chapter 66, section 9; to restore, bind, archive and microfilm all Town Records in the keeping of the Town Clerk that have not been restored, bound, archived and microfilmed, in accordance with the guidelines of MGL Ch. 66, s. 9. COMMENT: This would constitute Step 2 of an on-going Records Restoration Project begun in FY 2001. (Catherine Flanagan Stover, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. FINANCE COMMITTEE COMMENT: The Committee suggests that the Town Clerk seek funding from the Community Preservation Act for this on-going project. ARTICLE 30 (Appropriation: Televising Selectmen’s Meetings) To see if the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statue, or transfer from available funds, a sum not to exceed Ten Thousand Dollars ($10,000.00) for the purpose of videotaping weekly meetings of the members of the Board of Selectmen for local channel telecasting. (William R. Sherman, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. FINANCE COMMITTEE COMMENT: It is the understanding of the Committee that Selectmen’s meetings are currently being televised at no charge to the Town. ARTICLE 31 (Appropriation: Nantucket Cable Television) To see if the Town will vote to raise and appropriate or borrow pursuant to any applicable statute or transfer from available funds or reserve for later appropriation a sum not to exceed seventy-five thousand dollars ($75,000) for Nantucket Cable Television, such sum to assist in the purchase of equipment and operating expenses. Unlike virtually every other arrangement in the Commonwealth, the Nantucket Community Cable Access Program received only a one-time disbursement of funds, rather than a permanent and ongoing percentage of monies collected by the cable provider, as is typically the case. Without these badly needed additional funds this program, of great potential benefit to the community as a learning and information resource (i.e., coverage of Selectmen’s and the School Committee meetings), will not be able to exist. (Robert J. Thompson, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. Page 22 2002 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 32 (Appropriation: Nantucket Atheneum) To see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute, or transfer from available funds the sums of $4625.00 (FY98), $4568.02 (FY99), and $6515.03(FY00), totaling $15,708.05 which were paid to the Town by the Massachusetts Board of Library Commissioners. These funds were to have been transferred to the Atheneum in compliance with state law, but were not. (Suzanne T. Gardner, et al) FINANCE COMMITTEE MOTION: Moved that no action be taken on the Article, as the expenses are covered in Article 2. ARTICLE 33 (Appropriation: Community Preservation Committee) To see if the Town will vote to act on the report of the Community Preservation Committee on the Fiscal Year 2003 Community Preservation Budget and to appropriate or reserve for later appropriation monies from Community Preservation Fund annual revenues or available funds for the administrative and operating expenses of the Community Preservation Committee, the undertaking of Community Preservation Projects and all other necessary and proper expenses for the year, or take any other action related thereto. The Community Preservation Committee recommends that the following amounts be appropriated from Fiscal Year 2003 Community Preservation Fund revenues, unless otherwise specified, for Fiscal Year 2003 Community Preservation Purposes with each item considered a separate appropriation: Purpose Amount Community Housing Habitat for Humanity, Inc. First Year of 5-Year Project to Build 8 Homes $35,000 Nantucket Housing Authority Start-up Funds for NHA Office $122,800 Development of 3 Vacant Lots for Affordable Housing (Surveying, Septic System) $75,000 Sherburne Commons, Inc. Seed Capital Budget for Assisted/Independent Living Community $75,000 Subtotal $307,800 Historic Resources Nantucket Preservation Trust Supporting Architecture and Preservation on Nantucket $9,500 Nantucket Historical Association Preservation of Quaker Meeting Housing $50,000 Two Centre Street Restoration Project United Methodist Church Restoration -- Phase III-B $120,000 Nantucket Atheneum Preservation of Building Fabric of 1847 Nantucket Atheneum $144,700 Subtotal $324,200 Administrative Page 23 2002 Annual Town Meeting Warrant with Finance Committee Recommendations Purpose Amount Community Preservation Committee Administrative and Operating Expenses $35,000 Subtotal $35,000 Reserves Open Space $135,000 Subtotal $135,000 TOTAL $802,000 And, further to authorize the Board of Selectmen to acquire by purchase, gift, eminent domain or otherwise, such permanent property interests in the properties listed above, in the form of permanent affordable housing restrictions and historic preservation restrictions that meet the requirements of chapter 184 of the General Laws, in the name of, and enforceable by, the Town as are necessary and proper to carry out the foregoing. (Board of Selectmen for Community Preservation Committee) FINANCE COMMITTEE MOTION: Moved to appropriate or reserve for later appropriation monies from Community Preservation Fund annual revenues or available funds for the administrative and operating expenses of the Community Preservation Committee, the undertaking of Community Preservation Projects and all other necessary and proper expenses for the year, and amounts be appropriated from Fiscal Year 2003 Community Preservation Fund revenues, unless otherwise specified, for Fiscal Year 2003 Community Preservation Purposes specified herein, with each item considered a separate appropriation to be spent by the Community Preservation Committee with approval of the Board of Selectmen: Purpose Amount Community Housing Habitat for Humanity, Inc. First Year of 5-Year Project to Build 8 Homes $35,000 Nantucket Housing Authority Nantucket Housing Office $122,800 Development of 3 Vacant Lots for Affordable Housing (Surveying, Septic System) $75,000 Sherburne Commons, Inc. Seed Capital Budget for Assisted/Independent Living Community $75,000 Subtotal $307,800 Historic Resources Nantucket Historical Association Preservation of Quaker Meeting House $50,000 Two Centre Street Restoration Project United Methodist Church Restoration -- Phase III-B $120,000 Nantucket Atheneum Preservation of Building Fabric of 1847 Nantucket Atheneum $144,700 Subtotal $314,700 Administrative Nantucket Preservation Trust Supporting Architecture and Preservation on Nantucket $9,500 Page 24 2002 Annual Town Meeting Warrant with Finance Committee Recommendations Purpose Amount Community Preservation Committee Administrative and Operating Expenses $25,500 Subtotal $35,000 Reserves Open Space $135,000 Subtotal $135,000 TOTAL $792,500 Provided, however, that the above expenditures are conditional upon the recording of appropriate historic preservation restrictions running in favor of the Nantucket Preservation Trust or another entity authorized by the Commonwealth to hold such preservation restrictions for expenditures for historic resources, and for affordable housing restrictions running in favor of the Nantucket Housing Authority or another entity authorized by the Commonwealth to hold such affordable housing restrictions for expenditures for community housing, meeting the requirements of Chapter 184 of the General Laws pursuant to Section 12 of the Community Preservation Act. ARTICLE 34 (Siasconset Water Commission: Request for Temporary Compensation) To see if the Town will vote to authorize the Siasconset Water Commission to appoint one of its members to a position under the supervision of such Commission pursuant to chapter 268A, section 21A of the General Laws. (Board of Selectmen for Siasconset Water Commission) FINANCE COMMITTEE MOTION: Moved to authorize the Siasconset Water Commission to appoint one of its members to a position under the supervision of such Commission pursuant to chapter 268A, section 21A of the General Laws. ARTICLE 35 (Zoning Bylaw Amendment: Coordinated Review) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, as follows (NOTE: new language is shown as highlighted text; language to be deleted is shown by strike-out; these methods used to denote changes are not meant to become part of the final text): First, amend §139-2A (Definitions), by adding the following definition after the definition of CONSTRUCTION, and before the definition of CPI: COORDINATED REVIEW – A technical review process, administered through the staff of the NP&EDC, consisting of the review of pending private or public development plans by the professional staff of public entities and private utility companies. The purpose of the Coordinated Review is to enhance the efficiency and coordination of the development process by providing timely technical feedback to the Town’s regulatory boards and to applicants both at the pre-application and application stage of proposed developments. Page 25 2002 Annual Town Meeting Warrant with Finance Committee Recommendations Second, amend §139-23(H)(1) (Site Plan Review) by adding language as follows: (1) Pre-application Review Process Any prospective applicant shall arrange for a pre-application conference with the professional staff of each applicable review authority. One or more Coordinated Review meetings may be scheduled prior to application submission for the purpose of reviewing alternative schematic plans, and to give technical feedback before the applicant makes a significant investment in the project. The prospective applicant may review schematic plans with the review authority on an informal basis. A Coordinated Review shall be mandatory for any commercial development that is new construction; an addition to an existing structure; or a change of use that results in changes to the site plan. (Board of Selectmen for NP&EDC) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket is hereby amended as follows (NOTE: New language is shown as highlighted text; language to be deleted is shown by strike-out; these methods to denote changes are not meant to become part of the text): First, amend §139-2A (Definitions), by adding the following definition after the definition of CONSTRUCTION, and before the definition of CPI: COORDINATED REVIEW – A technical review process, administered by the Planning Board by such staff or agents as the Planning Board may designate, consisting of the review of pending private or public development plans by the professional staff of public entities and private utility companies. The purpose of the Coordinated Review is to enhance the efficiency and coordination of the development process by providing timely technical feedback to the Town’s regulatory boards and to applicants both at the pre-application and application stage of proposed developments. Second, amend §139-23 H (Site Plan Review Procedures) by adding language as follows: (1) Pre-application Review Process Any prospective applicant shall arrange for a pre-application conference with the professional staff of each applicable review authority. One or more Coordinated Review meetings may be scheduled prior to application submission for the purpose of reviewing alternative schematic plans, and to give technical feedback before the applicant makes a significant investment in the project. The prospective applicant may review schematic plans with the review authority on an informal basis. A pre-application Coordinated Review is strongly encouraged for any commercial development that is new construction; an addition to an existing structure; or a change of use that results in changes to the site plan. (2) Application Submission An applicant for a Site Plan Review shall submit to the review authority’s administrative office copies of the site plan containing the information required by the review authority, together with an application form and fee prescribed by the review authority. The official date of receipt of such plans shall be the day such plans are stamped received by the respective administrative office. The Planning and Zoning Boards shall take action on any request for a waiver of the requirements of Section 139-23F. The applicant may be required to amend the application in accordance with those actions. A Coordinated Page 26 2002 Annual Town Meeting Warrant with Finance Committee Recommendations Review shall be mandatory for any commercial development that is new construction; an addition to an existing structure that adds 20% or more of the gross floor area, or 1000 s.f., whichever is less; or a change of use that results in changes to the site plan. Failure of the applicant to submit the necessary information and to participate in a Coordinated Review may be grounds for denial. ARTICLE 36 (Zoning Bylaw Amendment: Moorlands Management District MMD) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, as follows: (NOTE: new language is shown as highlighted text; language to be deleted is shown by strike-out; these methods used to denote changes are not meant to become part of the final text): First, amend §139-13C as follows: C. Uses allowed by Special permit with Major Minor Site Plan Review. The Planning Board is hereby designated the sole special permit granting authority for all uses, structures and extension or alteration of uses or structures within the Moorlands Management District, including but not limited to the following: Second, amend §139- 23 D and E, as follows: D. Major and Minor Site Plan Review A Major Site Plan Review shall be required in connection with any use requiring a Major Commercial Development (MCD) Special Permit by the Planning Board pursuant to § 139-11 of the Zoning Code and MMD and WECS Special Permits, and ALC Special Permits pursuant to § 139-14C. Such Major SPR shall be reviewed concurrent with such Special Permit pursuant to § 139-30. A Minor Site Plan Review shall be required for all those uses not requiring an MCD, MMD, and WECS, and ALC Special Permits, and not specifically exempted pursuant to §139-23C of the Zoning Code. E. Site Plan Review Authority (1) Major Site Plan Review: Planning Board (2) Minor Site Plan Review: Zoning Enforcement Officer, except that the Zoning Board of Appeals shall be the Site Plan Review Authority (“review authority”) for those uses within the threshold limits of this category for which a Special Permit is required from the Zoning Board of Appeals, and which are not otherwise exempted herein, and the Planning Board shall be the review authority for an MMD Special Permit with Minor Site Plan Review. (Board of Selectmen for NP & EDC) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, §139-13 (Moorlands Management District) C and §139-23 (Site Plan Review) D and E be amended as follows (NOTE: New language is shown as highlighted text; language to be deleted is shown by strike-out; these methods to denote changes are not meant to become part of the text): First, amend §139-13C as follows: Page 27 2002 Annual Town Meeting Warrant with Finance Committee Recommendations C. Uses allowed by Special permit with Major Minor Site Plan Review. The Planning Board is hereby designated the sole special permit granting authority for all uses, structures and extension or alteration of uses or structures within the Moorlands Management District, including but not limited to the following: Second, amend §139- 23 D and E, as follows: F. Major and Minor Site Plan Review A Major Site Plan Review shall be required in connection with any use requiring a Major Commercial Development (MCD) Special Permit by the Planning Board pursuant to § 139-11 of the Zoning Code and MMD and WECS Special Permits, and ALC Special Permits pursuant to § 139-14C. Such Major SPR shall be reviewed concurrent with such Special Permit pursuant to § 139-30. A Minor Site Plan Review shall be required for all those uses not requiring an MCD, MMD, and WECS, and ALC Special Permits, and not specifically exempted pursuant to §139-23C of the Zoning Code. G. Site Plan Review Authority (1) Major Site Plan Review: Planning Board (2) Minor Site Plan Review: Zoning Enforcement Officer, except that the Zoning Board of Appeals shall be the Site Plan Review Authority (“review authority”) for those uses within the threshold limits of this category for which a Special Permit is required from the Zoning Board of Appeals, and which are not otherwise exempted herein, and the Planning Board shall be the review authority for an MMD Special Permit with Minor Site Plan Review. ARTICLE 37 (Zoning Bylaw Amendment: Town and Country Overlay District) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, by establishing two new zoning districts, the Town and the Country Overlay Districts, as follows (NOTE: new language is shown as highlighted text; language to be deleted is shown by strike-out; these methods used to denote changes are not meant to become part of the final text): First, amend §139-2A (Definitions) as follows: Insert after the definition of “TIME SHARE” and before the definition of “TRANSACTION”: TOWN OVERLAY DISTRICT -- The overlay district described in Chapter 139 §12C. Second, insert after the definition of “CONSTRUCTION” and before the definition of “CPI”: COUNTRY OVERLAY DISTRICT -- The overlay district described in Chapter 139 §12D. Third, amend §139-3E (Overlay Districts) by adding the following new districts: Country Overlay District COD Town Overlay District TOD Page 28 2002 Annual Town Meeting Warrant with Finance Committee Recommendations Fourth, insert a new §139-12C entitled “Town Overlay District” as follows: §12C. There is hereby established in the Town of Nantucket an overlay district entitled Town Overlay District as follows: (1) The Town Overlay District shall be located as depicted on the map entitled "Town and Country Designations", dated January 2, 2002, prepared by the Nantucket Planning and Economic Development Commission, incorporated by reference and made a part hereof. (2) The purpose of the Town Overlay District is to limit the spatial extent of growth within a district consistent with the traditional settlement pattern represented by the settled portion of Nantucket Town; to encourage within that district the provision of housing affordable for year-round residents by encouraging such housing in areas where infrastructure already exists, or can be extended without undue expense; to control infrastructure costs by placing limits on the extension of sewer and water infrastructure within this Town Overlay District, subject to the 1998 Sanitary Sewer Policy of the Nantucket Board of Selectmen; and by creating development patterns that are conducive to service by alternatives to the automobile, such as transit, and bicycle and pedestrian systems. This Overlay District shall serve as a frame of reference for decisions concerning the character and extent of site and infrastructure improvements to be required of any applicant to either the Planning Board or to the ZBA. Fifth, insert a new §139-12D entitled “Country Overlay District” as follows: §12D. There is hereby established in the Town of Nantucket an overlay district entitled Country Overlay District as follows: (1) The Country Overlay District shall be all the land within the limits of the Town of Nantucket other than land designated within the Town Overlay District as depicted on the map entitled "Town and Country Designations", dated January 2, 2002, prepared by the Nantucket Planning and Economic Development Commission, incorporated by reference and made part hereof. (2) The purpose of the Country Overlay District is to discourage development and preserve areas characterized by traditional and historic rural land use patterns; to discourage the spread of disperse development patterns that promote automobile dependency, and are costly to build and maintain. This Overlay District shall serve as a frame of reference for decisions concerning the character and extent of site and infrastructure improvements to be required of any applicant to either the Planning Board or to the ZBA. Sixth, amend the caption of §139-12 to read: Overlay Districts: Flood Hazard (FHD), Public Wellhead Recharge (PWR), Multifamily (MF), Country (COD), and Town (TOD). (Board of Selectmen for NP&EDC) Page 29 2002 Annual Town Meeting Warrant with Finance Committee Recommendations PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket is hereby amended as follows (NOTE: New language is shown as highlighted text; language to be deleted is shown by strike-out; these methods to denote changes are not meant to become part of the text): First, amend Chapter 139 §2A (Definitions) as follows: Insert after the definition of “TIME SHARE” and before the definition of “TRANSACTION”: TOWN OVERLAY DISTRICT -- The overlay district described in Chapter 139 §12C. Second, insert after the definition of “CONSTRUCTION” and before the definition of “CPI”: COUNTRY OVERLAY DISTRICT -- The overlay district described in Chapter 139 §12D. Third, amend Chapter 139 §3E (Overlay Districts) by adding the following new districts: Country Overlay District COD Town Overlay District TOD Fourth, insert a new §12C to Chapter 139 entitled “Town Overlay District” as follows: §12C. There is hereby established in the Town of Nantucket an overlay district entitled Town Overlay District as follows: (1) The Town Overlay District shall be located as depicted on the map entitled "Town and Country Designations", dated January 2, 2002, prepared by the Nantucket Planning and Economic Development Commission, incorporated by reference and made a part hereof. (2) The purpose of the Town Overlay District is to limit the spatial extent of growth within a district consistent with the traditional settlement pattern represented by the settled portion of Nantucket Town; to encourage development within that district where infrastructure already exists, or can be extended without undue expense; to create opportunities to produce housing affordable for year-round residents through infill development (development of existing vacant lots; lots produced by re-subdivision; and addition of secondary dwellings) on existing roads serviced by water and sewer; and to create development patterns that are conducive to service by alternatives to the automobile, such as transit, and bicycle and pedestrian systems. The purpose of the Town Overlay District shall be considered by the Planning Board or Zoning Board of Appeals when determining the character and extent of site and infrastructure improvements to be required in a decision on an application for Site Plan approval pursuant to §139-23 of this Zoning Bylaw. In addition to the standards of that Section, the following standards shall apply to a proposed use or an expansion of an existing use subject to Site Plan Review: (a) Provision of Town water and sewer service, which shall be adequate to serve the proposed use; (b) road and drainage improvements shall be adequate to serve the proposed use; Page 30 2002 Annual Town Meeting Warrant with Finance Committee Recommendations (c) bike and / or pedestrian systems shall be adequate to serve the proposed use, and reasonable measures shall be taken to provide connectivity to existing bike and pedestrian systems; (d) the project minimizes parking demand and auto-dependency (i.e., by inducements employed by the applicant for the utilization of the NRTA seasonal shuttle system); and, (e) consistency with the recommendations of any Area Plan endorsed by Town Meeting, such as the Mid-Island Area Plan, ‘Sconset Area Plan, and Madaket Area Plan. (3) Uses allowed or permitted in this District are the same as those uses allowed or permitted in the underlying zones. Fifth, insert a new §12D to Chapter 139 entitled “Country Overlay District” as follows: §12D. There is hereby established in the Town of Nantucket an overlay district entitled Country Overlay District as follows: (1) The Country Overlay District shall be all the land within the limits of the Town of Nantucket other than land designated within the Town Overlay District as depicted on the map entitled "Town and Country Designations", dated January 2, 2002, prepared by the Nantucket Planning and Economic Development Commission, incorporated by reference and made part hereof. Uses allowed or permitted in this District are the same as those uses allowed or permitted in the underlying zone. (2) The purpose of the Country Overlay District is to discourage development and preserve areas characterized by traditional and historic rural land use patterns; to discourage the spread of disperse development patterns that promote automobile dependency, and are costly to build and maintain. The purpose of the Country Overlay District shall be considered by the Planning Board or Zoning Board of Appeals when determining the character and extent of site and infrastructure improvements to be required in a decision on an application for Site Plan approval pursuant to §139-23 of this Zoning Bylaw. In addition to the standards of that Section, the following standards shall apply to a proposed use or an expansion of an existing use subject to Site Plan Review: (a) If a new use, or an expansion of a pre-existing use that adds 20% or more of the gross floor area or 1000 s.f., of gross floor area, whichever is less, either subject to Site Plan Review, a finding that the applicant has considered all practicable alternative sites, commensurate with the type, size, and cost of the project, available within the Town Overlay District and that no such practicable alternative exists; (b) the project complies with the Nantucket Public Health Code; (c) the project complies with the standards of §12C(2)(b) through (e); and, (d) finding that the project is not a major traffic generator, and will not substantially contribute to traffic generation and congestion. (3) Uses allowed or permitted in this District are the same as those uses allowed or permitted in the underlying zones. Sixth, amend the caption of Chapter 139 §12 to read: Page 31 2002 Annual Town Meeting Warrant with Finance Committee Recommendations Overlay Districts: Flood Hazard (FHD), Public Wellhead Recharge (PWR), Multifamily (MF), Country (COD), and Town (TOD). Page 32 2002 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 38 (Zoning Bylaw Amendment: Curb Cuts) To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, by amending §139-20.1B(1) (Curb Cut and Driveway Access) as follows (NOTE: new language is shown as highlighted text; language to be deleted is shown by strike-out; these methods used to denote changes are not meant to become part of the final text): (1) No more than one (1) curb cut shall be allowed on a lot, unless the Planning Board makes a finding that granting of two (2) or more curb cuts, if physically practical, would not have a significant and adverse affect on the scenic or historic integrity of the neighborhood, or is not contrary to sound traffic and safety considerations. Two curb cuts may be allowed as of right on lots zoned LUG-2, LUG-3, and MMD subject to the standards of this section unless the lots front on, and gain access to, Madaket Road, Eel Point Road, Warren’s Landing Road, Hummock Pond Road, Bartlett Farm Road, South Shore Road, Surfside Road, Milestone Road, Polpis Road, Sankaty Road, and Tom Nevers Road, provided that there is at least a 150-foot separating distance between the two curb cuts on the lot, and further provided that the DPW determines that the proposed curb cut has an acceptable sight line. (Board of Selectmen for NP EDC) PLANNING BOARD MOTION: Moved not to adopt the Article. ARTICLE 39 (Zoning Map Change) To see if the Town will vote to amend the “Zoning Map of Nantucket, Massachusetts “ dated February 24, 1972, as amended and on file in the office of the Town Clerk by changing the existing zoning district from LUG-2 to R-10 on a parcel of land shown as “Lot A-4” on plan entitled “Plan of Land in Nantucket, Massachusetts” on file at the Nantucket Registry of Deeds at File 02-04, containing 1.26 acres of land and located within a larger parcel at 7 Miacomet Road, Nantucket (Assessor’s Map 67 Parcel 345). (Board of Selectmen for Council for Human Services) PLANNING BOARD MOTION: Moved that the Town amend “Zoning Map of Nantucket, Massachusetts “ dated February 24, 1972, as amended and on file in the office of the Town Clerk by changing the existing zoning district from LUG-2 to R-10 on a parcel of land shown as “Lot A-4” on plan entitled “Plan of Land in Nantucket, Massachusetts” on file at the Nantucket Registry of Deeds at File 02-04, containing 1.26 acres of land and located within a larger parcel at 7 Miacomet Road, Nantucket (Assessor’s Map 67 Parcel 345). Page 33 2002 Annual Town Meeting Warrant with Finance Committee Recommendations Map Pertaining to Articles 39 and 40 ARTICLE 40 (Dedication of Town-owned Land for Park Land) To see if the Town will vote to dedicate a parcel of land shown as “Lot A-7” on a plan entitled “Plan of Land in Nantucket, Massachusetts” on file at Registry of Deeds at File 02-04, containing 2.726 acres of land and located within a larger parcel at 7 Miacomet Road, Nantucket (Assessor’s Map 67, Parcel 345) to conservation, open space and/or park land purposes. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that a parcel of land shown as “Lot A-7” on a plan entitled “Plan of Land in Nantucket, Massachusetts” on file at Registry of Deeds at File 02-04, containing 2.726 acres of land and located within a larger parcel at 7 Miacomet Road, Nantucket (Assessor’s Map 67, Parcel 345) be hereafter dedicated for conservation, open space and/or park land purposes pursuant to Chapter 45 Sections 3 and 5 of the General Laws. Page 34 2002 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 41 (Zoning Bylaw Amendment: Adult Uses) To see if the Town will take the following actions in regard to the subject of Adult Uses: Amend Chapter 139, Section 2 A by adding a new definition after ‘ACCESSORY USES’ and before the definition of ‘AFFORDABLE HOUSING’ as follows: ADULT USES: All uses as described and defined in Massachusetts General Laws Chapter 40A, Section 9A, as may be amended from time to time to include: Any establishment which has 10% of its stock in trade on hand; whose sales, including rentals from such a portion of stock equals or exceeds 10% of monthly sales; or has 10% or greater floor area open to and observable by customers used for the display or storage of adult-oriented material, or as presentation time of live or recorded performances, shall be defined as an adult use. Amend Chapter 139, Section 9C by adding a new use as follows: (2) Adult Uses in the RC-2 District only subject to conditions set forth in Chapter 139, Section 23. Amend Chapter 139, Section 23 as follows: (i) amend paragraph “B” (Projects Requiring Site Plan Review) by inserting the words “adult use” after the word “commercial” and before the words “or industrial” so that the section reads “No permit for the construction, exterior structural alteration, relocation, occupancy or change in use of any building shall be given, and no residential, commercial, adult use or industrial uses, or not-for-profit use shall be established or expanded except in conformity with a site plan approved in conformance with this bylaw. (ii) amend paragraph “D” (Major and Minor Site Plan Review) by inserting after the letters “MMD” and before the words “and WECS…” the words “, adult use” so that the sentence of the paragraph reads “A Major Site Plan Review shall be required in connection with any use requiring a Major Commercial Development (MCD) Special Permit by the Planning Board pursuant to Section 139-11 of the Zoning Code and MMD, adult use and WECS Special Permits. (iii) amend paragraph “J” (Performance Standards) by adding a new section (13) as follows: (13) Additional Requirements for Adult Uses In addition to meeting the foregoing standards of (1) through (12) inclusive above, adult uses shall be evaluated in accordance with thresholds stated below: a. A minimum lot area of 40,000 square feet is required for adult uses (various) b. Adult uses shall be located in stand-alone facilities and shall not be allowed within a building or structure containing other retail, commercial, residential, industrial or other uses. c. A minimum separation, measured between lot lines, is required between Adult Uses and the following uses or areas: R-1, ROH, R-10, R-2, or any LUG Zoning District ...................................................... 1000 feet Single, Two-family, Duplex or Multi-Family Dwelling Unit .......................................... 1000 feet State Certified Public or Private School ..................................................................... 1500 feet State Licensed Day Care Center ................................................................................ 1000 feet Religious Institution ..................................................................................................... 1000 feet Page 35 2002 Annual Town Meeting Warrant with Finance Committee Recommendations Public Library .............................................................................................................. 1000 feet Land owned or managed by a public or private entity for open space or recreational purposes ............................................................................... 500 feet Other Adult Uses ........................................................................................................ 4000 feet d. A one hundred foot wide vegetative buffer consisting of evergreen shrubs and trees not less than five (5) feet in height at the time of the planting, shall be provided from adjacent lots. e. Parking requirements shall be in accordance with the Code of the Town of Nantucket, as it may be amended from time to time. (Catherine Flanagan Stover, et al) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, §139-2A (Definitions); §139-9 (Residential Commercial Districts RC and RC-2) C (Exceptions); §139-23 (Site Plan Review) are hereby amended as follows (NOTE: New language is shown as highlighted text; language to be deleted is shown by strike-out; these methods to denote changes are not meant to become part of the text): First, amend Chapter 139-2 A by adding a new definition after ‘ACCESSORY USES’ and before the definition of ‘AFFORDABLE HOUSING’ as follows: ADULT USES: All uses as described and defined in Massachusetts General Laws Chapter 40A, Section 9A, as may be amended from time to time to include: Any establishment which has 10% of its stock in trade on hand; whose sales, including rentals from such a portion of stock equals or exceeds 10% of monthly sales; or has 10% or greater floor area open to and observable by customers used for the display or storage of adult-oriented material, or as presentation time of live or recorded performances, shall be defined as an adult use. Second, amend Chapter 139-9C by adding a new use as follows: (2) Adult Uses in the RC-2 District only subject to conditions set forth in Chapter 139, §23. Third, amend Chapter 139-23, Site Plan Review (SPR), as follows: Amend paragraph “B” (Projects Requiring Site Plan Review) as follows: B. Projects Requiring Site Plan Review No permit for the construction, exterior structural alteration, relocation, occupancy or change in use of any building shall be given, and no residential, commercial, adult use or industrial use, or not-for-profit use shall be established or expanded except in conformity with a site plan approved in conformance with this bylaw. Amend paragraph “D” (Major and Minor Site Plan Review) as follows: D. Major and Minor Site Plan Review A Major Site Plan Review shall be required in connection with any use requiring a Major Commercial Development (MCD) Special Permit by the Planning Board pursuant to §139-11 of the Zoning Code and MMD, adult use and WECS Special Permits, and ALC Special Permits pursuant to §139-14C. Such Major SPR shall be reviewed concurrent with such Special Permit pursuant to §139-30. A Minor Site Plan Review shall be required for all those Page 36 2002 Annual Town Meeting Warrant with Finance Committee Recommendations uses not requiring an MCD, MMD and WECS Special Permit, and not specifically exempted pursuant to §139–23C of the Zoning Code. Amend paragraph “J” (Performance Standards) by adding a new subsection (13) as follows: (13) Additional Requirements for Adult Uses The purpose and intent of this section is to address and mitigate the secondary effects of the adult uses regulated herein. Such secondary effects have been shown to include increased crime, adverse impacts on public health, adverse impacts on the business climate of the Town, adverse impacts on the property values of residential and commercial properties, and adverse impacts on the quality of life in the Town, all of which secondary impacts are adverse to the health, safety, and general welfare of the Town of Nantucket and its inhabitants. The provisions of this section have neither the purpose nor intent of imposing a limitation or restriction on the content of any communicative matter or materials, including sexually oriented matter or materials. Similarly, it is not the purpose or intent of this section to restrict or deny access by adults to adult uses and to sexually oriented matter or materials protected by the Constitution of the United States of America and of the Commonwealth of Massachusetts, nor restrict or deny rights that distributors or exhibitors of such matter or materials may have to sell, rent, distribute, or exhibit such matter or materials. Neither is it the purpose or intent of this bylaw to legalize the sale, rental, distribution, or exhibition of obscene or other illegal matter or materials. In addition to meeting the foregoing standards of (1) through (12) inclusive above, adult uses shall be evaluated in accordance with thresholds stated below: (a) A minimum lot area of 40,000 square feet is required for adult uses (b) Adult uses shall be located in stand-alone facilities and shall not be allowed within a building or structure containing other retail, commercial, residential, industrial or other uses. (c) A minimum separation, measured between lot lines, is required between Adult Uses and the following uses or areas: R-1, ROH, R-10, R-2, or any LUG Zoning District ............................... 300 feet Single, Two-family, Duplex or Multi-Family Dwelling Unit ............... 300 feet State Certified Public or Private School ........................................... 1500 feet State Licensed Day Care Center ........................................................ 1000 feet Religious Institution ............................................................................ 1000 feet Public Library ....................................................................................... 1000 feet Land owned or managed by a public or private entity for open space or recreational purposes ........................................... 300 feet Other Adult Uses ................................................................................. 1000 feet (d) A minimum ten (10) foot wide vegetative buffer consisting of evergreen shrubs and trees not less than five (5) feet in height at the time of the planting, shall provide screening from adjacent lots, with exceptions for minimal driveway and utility access. (e) Parking requirements shall be in accordance with the Code of the Town of Nantucket, as it may be amended from time to time. Page 37 2002 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 42 (Zoning Bylaw Amendment: Secondary Dwelling) To see if the Town will vote to amend Chapter 139 of the Code of Nantucket (The Nantucket Zoning By-Law) by deleting the following provision: Chapter 139-7 A (2) (f)- A dwelling shall not be considered “secondary” for the purpose of this § 139-7 unless the secondary dwelling is in the same legal and beneficial ownership as the principal dwelling. The ownership of a lot by a cooperative housing corporation, land trust or other common interest ownership entity in which there is a separate beneficial ownership of the principal and secondary dwellings on the lot shall not be deemed to constitute “the same legal and beneficial ownership” for the purposes of the immediately preceding sentence. There is no new language to be substituted in replacement of this deleted section. (Richard J. Glidden, et al) PLANNING BOARD MOTION: Moved not to adopt the Article. PLANNING BOARD COMMENT: In making its motion, the Planning Board finds that the Article as drafted runs counter to a provision approved as Article 36 of the 2001 ATM which provides incentives for the creation of housing that is affordable to year-round Nantucket residents. ARTICLE 43 (Zoning Bylaw Amendment: Neighborhood Employee Housing Overlay District) To see if the Town will vote to amend Chapter 139 of the Code of Nantucket (the Nantucket Zoning By-law) by adding the following described parcel(s) of real estate to the Neighborhood Employee Housing Overlay District (NEHOD) (CH139-12C) which was created at the April 10, 2001, Adjourned Session of the Annual Town Meeting: 1) Tax Map 55, Parcel 140; 2) Tax Map 55, Parcel 141; and 3) Tax Map 55, Parcel 143. (All three parcels owned by Nantucket Boys’ and Girls’ Club, Inc., f/k/a Nantucket Boys’ Club, Inc., Certificate of Title No. 7574.) (Richard J. Glidden, et al) PLANNING BOARD MOTION: Moved not to adopt the Article. Page 38 2002 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 44 (Zoning Bylaw Amendment: Multi-Family Overlay District) To see if the Town will vote to expand the Multi-Family Overlay District (MFOD) by including all or portions of certain parcels of land shown on Assessor's Map 55, Parcels 140, 141, and 143 to within the "Mid Island" portion of the MFOD by amending Chapter 139 (Zoning), §139-4 (Location of districts; zoning district maps) C (Public Wellhead Recharge District) as follows (NOTE: new language is shown as highlighted text; language to be deleted is shown by strike-out; these methods used to denote changes are not meant to become part of the final text): C. The Public Wellhead Recharge District is located and bounded as shown on the following maps incorporated by reference herein: for Siasconset, a map entitled “Public Wellhead Recharge District: Siasconset”, prepared by Horsely, Witten & Heggemann, Inc. dated October, 1990; for the Town, a map entitled “Public Wellhead Recharge District: Town” prepared by Haley & Ward, December, 1994. The districts shown on said maps shall be considered overlay districts to be superimposed on the aforementioned Zoning Map of Nantucket, Massachusetts. Copies of the map shall be on file with the Town Clerk and the Building Inspector upon adoption. The Multi-Family Overlay District is located and bounded as shown on a map entitled “Multi-Family Overlay Districts,” dated March 13, 2000, prepared by the Nantucket G.I.S. Department as amended to add the area shown as being located in the Multi-Family Overlay District on a map entitled “MFOD-Expansion” dated October, 2001 and February, 2002. The district shown on said map shall be considered overlay districts to be superimposed on the aforementioned Zoning Map of Nantucket, Massachusetts. Copies of the map shall be on file with the Town Clerk, the Building Commissioner, and the Planning Board upon adoption. (Board of Selectmen for Planning Board) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, §139-4 (Location of districts; zoning district maps.) is hereby amended as follows (NOTE: new language as shown as highlighted text; language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the text): C. The Public Wellhead Recharge District is located and bounded as shown on the following maps incorporated by reference herein: for Siasconset, a map entitled “Public Wellhead Recharge District: Siasconset”, prepared by Horsely, Witten & Heggemann, Inc. dated October, 1990; for the Town, a map entitled “Public Wellhead Recharge District: Town” prepared by Haley & Ward, December, 1994. The districts shown on said maps shall be considered overlay districts to be superimposed on the aforementioned Zoning Map of Nantucket, Massachusetts. Copies of the map shall be on file with the Town Clerk and the Building Inspector upon adoption. The Multi-Family Overlay Districts is located and bounded as shown on a map entitled “Multi-Family Overlay Districts,” dated March 13, 2000, prepared by the Nantucket G.I.S. Department as amended to add the area shown as being located in the Multi-Family Overlay District on a map entitled “MFOD-Expansion” dated October, 2001 and February 2002. The district shown on said map shall be considered overlay districts to be superimposed on the aforementioned Zoning Map of Nantucket, Massachusetts. Copies of the map shall be on file with the Town Clerk, the Building Commissioner, and the Planning Board upon adoption. Page 39 2002 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 45 (Zoning Bylaw Amendment: Duplex Ownership) To see if the Town will vote to amend Chapter 139 of the Code of Nantucket (The Nantucket Zoning By-law) by deleting the following provision: Chapter 139-8 A. (1)(c) In the R-1, R-10 and LC Districts, the two dwelling units shall be in the same ownership. There is no new language to be substituted in replacement of this deleted section. (Linda F. Williams, et al) PLANNING BOARD MOTION: Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket, §139-8A (Permitted Uses) is hereby amended as follows (NOTE: new language is shown as highlighted text; language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the text): Chapter 139-8 A(1)(c) In the R-1, R-10 and LC Districts, the two dwelling units shall be in the same ownership. PLANNING BOARD COMMENT: Deletion of the R-10 district as recommended would allow the two dwelling units of a duplex (does not include second dwellings) within this district to be in separate ownership (condominium, cooperative, etc.) but would not change this restriction in the R-1 and L-C zoning districts. The Board finds that the R-10 district is appropriate to allow for expanded home ownership opportunities. The R-1 district requires further analysis before this change is made and there are currently no duplexes in the LC district. ARTICLE 46 (Charter Amendment) To see if the Town will vote pursuant to Article II, section 4 of the Articles of Amendment of the Constitution of the Commonwealth and pursuant to section 6.5(b) of chapter 289 of the Acts of 1996, to propose to the voters of the town of Nantucket at the next annual Town Election an amendment to the charter of the town, as follows: Section 4.4 of the Charter (“Town Administration Departments”), shall be amended to add the following language to the end thereof: “In addition to the foregoing, the following boards, commissions and agencies shall be hereby classified as town administration departments: • Board of Appeals • Conservation Commission • Council on Aging • Council for Human Services • Historic District Commission • Planning Board • Town Clerk • Park & Recreation Commission • Shellfish & Harbor Advisory Board Page 40 2002 Annual Town Meeting Warrant with Finance Committee Recommendations All town employees in the employ of these boards, and commissions, agencies and Town Clerk as staff, assistants and the like shall, on the effective date of this amendment, come under the appointment, removal and other authority of the Town Administrator in accordance with section 4.3 of the Charter; provided, however, that the method of election of the Town Clerk and the method of appointment of members of such boards and commissions shall not be changed by this amendment.” (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Section 4.4 of the Charter of the Town of Nantucket (“Town Administration Departments”) be amended to add the following language to the end thereof: “In addition to the foregoing, the following boards, commissions and agencies shall be hereby classified as town administration departments: • Board of Appeals • Conservation Commission • Council on Aging • Council for Human Services • Historic District Commission • Planning Board • Park & Recreation Commission • Shellfish & Harbor Advisory Board All town employees in the employ of these boards, and commissions, and agencies as staff, assistants and the like shall, on the effective date of this amendment, come under the appointment, removal or other authority of the Town Administrator in accordance with section 4.3 and 4.6 of the Charter; provided, however, that the method of appointment or election of members of such boards and commissions (which boards and commissions shall be "Department Head" within the meaning of section 4.6 of the Charter of the Town for each of their respective jurisdictions) shall not be changed by this amendment.” ARTICLE 47 (Bylaw Amendment: Bicycle Helmets) “To see if the Town will vote to amend Chapter 57-1 of the code of the Town of Nantucket by adding a new subparagraph D. as follows and by re-designating the current subparagraph D. as subparagraph E.: Any person over twelve years of age operating a bicycle or being carried as a passenger on a bicycle on a public way, bicycle path or on any other public right-of-way shall wear a helmet. Said helmet shall fit the person’s head, shall be secured to the person’s head by straps while the bicycle is being operated, and shall meet standards for helmets established by the American National Standards Institute (ANSI Z 90.4) or subsequent standards or the Snell Foundation’s nineteen hundred and eighty-four standard for use in bicycling or subsequent standards. These requirements shall not apply to a passenger if the passenger is in an enclosed trailer or other device, which holds the passenger in place and protects the passenger’s head from impact in an accident”. (Stephen L. Bender, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. Page 41 2002 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 48 (Bylaw Amendment: Selectmen) To see if the Town will vote to insert a new Bylaw in the Code of Nantucket as Section 38-2 of Chapter 38 “Selectmen”, Article 1 “Special Duties”, as follows: SECTION 38-2 No member of the Board of Selectmen shall at the same time while serving as a Selectmen hold any compensated position in the employ of the Town of Nantucket or affiliated public entities, including but not limited to the Nantucket Public Schools, the County of Nantucket, the Nantucket Island’s Land Bank, Nantucket Memorial Airport, the Woods Hole, Martha’s Vineyard and Nantucket Steamship Authority, and the Planning & Economic Development Commission. (Stephen L. Bender, et al) FINANCE COMMITTEE MOTION: Moved that Chapter 38 (Selectmen) Article I (Special Duties) of the Code of the Town of Nantucket is hereby amended by adding a new §38-2 as follows: Supplemental Conflict of Interest Regulation. In addition to any requirements imposed by chapter 268A of the General Laws or the Charter of the Town regarding multiple office holding, no member of the Board of Selectmen shall at the same time while serving as a Selectmen hold any compensated position in the employ of the Town of Nantucket or affiliated public entities, including but not limited to the Nantucket Public Schools, the County of Nantucket, the Nantucket Island’s Land Bank, Nantucket Memorial Airport, the Woods Hole, Martha’s Vineyard and Nantucket Steamship Authority, and the Planning & Economic Development Commission. This section shall not apply to Selectmen currently serving in office but shall first apply to members of the Board of Selectmen as each is elected after this section becomes effective. ARTICLE 49 (Bylaw Amendment: Wharves and Waterways, Town) To see if the Town will vote to amend Chapter 137 (Wharves and Waterways, Town) §137-5 (Mooring permits) of the Code of the Town of Nantucket, as follows (NOTE: new language is shown as highlighted text; language to be deleted is shown by strike-out; these methods to denote changes are not meant to become part of the final text): A. Permits for the use of mooring spaces shall be for a period or of one (1) year, or any traction fraction thereof, terminating on December 31 of each year, unless revoked by the Harbor Master for good cause, and shall be renewable annually for one (1) year. Payment for mooring permits shall be made in full before the permit will be issued. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Chapter 137 (Wharves and Waterways, Town) §137-5 (Mooring permits) of the Code of the Town of Nantucket, is hereby amended as follows (NOTE: new language is shown as highlighted text; language to be deleted is shown by strike-out; these methods to denote changes are not meant to become part of the final text): A. Permits for the use of mooring spaces shall be for a period or of one (1) year, or any traction fraction thereof, terminating on December 31 of each year, unless revoked by the Harbor Master for good cause, and shall be renewable annually for one (1) year. Payment for mooring permits shall be made in full before the permit will be issued. Page 42 2002 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 50 (Bylaw Amendment: Wharves and Waterways, Town) To see if the Town will vote to amend Chapter 137 (Wharves and Waterways, Town) §137-4 (Mooring regulations) of the Code of the Town of Nantucket, as follows (NOTE: new language is shown as highlighted text; language to be deleted is shown by strike-out; these methods to denote changes are not meant to become part of the final text): B. All moorings must be registered and no mooring shall be placed or maintained in any of the waters of the town without the approval of and registration by the Marine Department. Only vessels owned by the person holding the permit or lawfully in the possession of persons lawfully entitled to possession and use of a boat for the season for which a mooring is granted, and displaying the proper sticker will be allowed to fasten to the mooring. The permit may be issued for one (1) or more vessels under common control, but only one (1) vessel can be fastened to a mooring at any time. Subletting of moorings is prohibited. C. All applications for a permanent mooring space in any Nantucket harbor or waterway shall be submitted in writing on an approved form to the Marine Department. At the time of application if the applicant does not own a boat or is not a person lawfully entitled to possession and use of a boat for the season for which a mooring is granted, no mooring permit will be issued. If an individual holds a valid mooring permit and sells his/her rights to the boat with the intention of replacing it, he/she will have twelve (12) months to replace the boat. If, at the end of twelve (12) months, the boat has not been replaced, the mooring permit shall be forfeited. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Chapter 137 (Wharves and Waterways, Town) §137- 4 (Mooring regulations) of the Code of the Town of Nantucket, is hereby amended as follows (NOTE: new language is shown as highlighted text; language to be deleted is shown by strike- out; these methods to denote changes are not meant to become part of the final text): B. All moorings must be registered and no mooring shall be placed or maintained in any of the waters of the town without the approval of and registration by the Marine Department. Only vessels owned by the person holding the permit or lawfully in the possession of persons lawfully entitled to possession and use of a boat for the season for which a mooring is granted, and displaying the proper sticker will be allowed to fasten to the mooring. The permit may be issued for one (1) or more vessels under common control, but only one (1) vessel can be fastened to a mooring at any time. Subletting of moorings is prohibited. C. All applications for a permanent mooring space in any Nantucket harbor or waterway shall be submitted in writing on an approved form to the Marine Department. At the time of application if the applicant does not own a boat or is not a person lawfully entitled to possession and use of a boat for the season for which a mooring is granted, no mooring permit will be issued. If an individual holds a valid mooring permit and sells his/her rights to the boat with the intention of replacing it, he/she will have twelve (12) months to replace the boat. If, at the end of twelve (12) months, the boat has not been replaced, the mooring permit shall be forfeited. ARTICLE 51 (Bylaw Amendment: Wharves and Waterways, Town) To see if the Town will vote to amend Chapter 137 (Wharves and Waterways, Town) §137-21 (Personal watercraft) of the Code of the Town of Nantucket, as follows (NOTE: new language is shown as highlighted text; language to be deleted is shown by strike-out; these methods to denote changes are not meant to become part of the final text): Page 43 2002 Annual Town Meeting Warrant with Finance Committee Recommendations Add the following new sections: E. No person shall operate any personal watercraft within the waters comprising Nantucket Harbor, or in the established navigation channel between Brant Point easterly to the Head of the Harbor, in Polpis Harbor or along any portion of the shoreline of Nantucket Harbor. Said personal watercraft shall be launched from Children’s Beach boat ramp and shall navigate through Nantucket Harbor along the most direct route as marked by buoys to Nantucket Sound. F. No person shall operate any personal watercraft within the waters bounded by a line drawn on NOAA Chart Number 13241, from “the rock” off the “fortieth pole” and marked by a hazard buoy; northwesterly to the “R-2” lighted bell buoy, thence northwesterly approximately three (3) nautical miles to a marker provided by the Town, thence to the westernmost tip of Tuckernuck island, thence southeasterly along the shoreline to Smith’s Point. Said personal watercraft will be launched at either the Walter S. Barrett or the Jackson Point boat ramps and shall navigate through Hither Creek along the most direct route as marked by buoys to Nantucket Sound or the Atlantic Ocean. G. No person shall operate any personal watercraft within the waters of great ponds or any interior body of water of less than three hundred (300) acres in size of Nantucket or Tuckernuck Islands. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that Chapter 137 (Wharves and Waterways, Town) §137-21 (Personal watercraft) of the Code of the Town of Nantucket, is hereby amended as follows (NOTE: new language is shown as highlighted text; language to be deleted is shown by strike- out; these methods to denote changes are not meant to become part of the final text): Add the following new sections: E. Personal watercraft shall be launched from Children’s Beach boat ramp and shall transit through the main Nantucket navigation channel along the most direct route as marked by buoys to Nantucket Sound. No person shall operate any personal watercraft in the established navigation channel between Brant Point easterly to the Head of the Harbor, in Polpis Harbor or along any portion of the shoreline of Nantucket Harbor. F. No person shall operate any personal watercraft within the waters bounded by a line drawn on NOAA Chart Number 13241, from “the rock” off the “fortieth pole” and marked by a hazard buoy; northwesterly to the “R-2” lighted bell buoy, thence northwesterly approximately three (3) nautical miles to a marker provided by the Town, thence to the westernmost tip of Tuckernuck island, thence southeasterly along the shoreline to Smith’s Point. Said personal watercraft will be launched at either the Walter S. Barrett or the Jackson Point boat ramps and shall navigate through Hither Creek along the most direct route as marked by buoys to Nantucket Sound or the Atlantic Ocean. G. No person shall operate any personal watercraft within the waters of great ponds or any interior body of water of less than three hundred (300) acres in size of Nantucket or Tuckernuck Islands. Page 44 2002 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 52 (Charter Amendment: Selectmen) To see if the Town will vote to propose to the voters of the Town of Nantucket at the next Annual Town Election an amendment to the charter of the Town pursuant to Section 6.5 of the Town Charter, inserting a new section to the Charter as Section 3.5, reading as follows: SECTION 3.5 REGULATION of CONFLICTS of INTERESTS. No member of the Board of Selectmen shall at the same time while serving as a Selectmen hold any compensated position in the employ of the Town of Nantucket or affiliated public entities, including but not limited to the Nantucket Public Schools, the County of Nantucket, the Nantucket Island’s Land Bank, Nantucket Memorial Airport, the Woods Hole, Martha’s Vineyard and Nantucket Steamship Authority, and the Planning & Economic Development Commission. (Stephen L. Bender, et al) FINANCE COMMITTEE MOTION: Moved to approve, subject to approval by the voters of the Town of Nantucket at the next Annual Town Election, an amendment to the charter of the Town pursuant to Section 6.5 of the Town Charter, inserting a new section to the Charter as Section 3.5, reading as follows: SECTION 3.5 REGULATION of CONFLICTS of INTERESTS. No member of the Board of Selectmen shall at the same time while serving as a Selectmen hold any compensated position in the employ of the Town of Nantucket or affiliated public entities, including but not limited to the Nantucket Public Schools, the County of Nantucket, the Nantucket Island’s Land Bank, Nantucket Memorial Airport, the Woods Hole, Martha’s Vineyard and Nantucket Steamship Authority, and the Planning & Economic Development Commission. This section shall not apply to Selectmen currently already serving in office but shall first apply to members of the Board of Selectmen as each is elected after this section becomes effective; this section shall become effective after approval of the voters of the Town of Nantucket by ballot. ARTICLE 53 (Bylaw: Polling Places) Notwithstanding any Massachusetts General Law, to see if the Town of Nantucket will amend the Code of the Town of Nantucket by adding the following Chapter: “Chapter _____; section ______: All candidates or their agents are expressly forbidden to remain within 200’ of a polling place for the purpose of electioneering or greeting citizens or voters, or for petitioning or soliciting signatures for any purpose.” (Catherine Flanagan Stover, et al) FINANCE COMMITTEE MOTION: Moved that the Code of the Town of Nantucket be amended by adding a new Chapter 45 (Elections) and a section §45-1, except as may be otherwise provided by any other General or Special Law of the Commonwealth, as follows: §45-1 Polling Places. All candidates or their agents are expressly forbidden to remain within 200’ of a polling place for the purpose of electioneering or greeting citizens or voters, or for petitioning or soliciting signatures for any purpose. Page 45 2002 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 54 (Bylaw: Street List) To see if the Town of Nantucket will amend the Code of the Town of Nantucket by adding the following Chapter: “Chapter ____; section _____: Notwithstanding any Massachusetts General Law to the contrary, the Town Clerk shall, annually, compile a list of all residents aged 17 and older, by street and by name, and shall make that list available in printed, bound form known as the ‘Street List’.” (Catherine Flanagan Stover, et al) FINANCE COMMITTEE MOTION: Moved that the Chapter 45 (Elections) of the Code of the Town of Nantucket be amended by adding a new section §45-2, except as may be otherwise provided by any other General or Special Law of the Commonwealth, as follows: §45-2 Street List. The Town Clerk shall, annually, compile a list of all residents aged 17 and older, by street and by name, and shall make that list available in printed, bound form known as the ‘Street List.’ ARTICLE 55 (Bylaw: Visitors Fee) To see if the Town will vote to add the following bylaw to the Code of the Town of Nantucket as new Chapter 130, Tourism Facilities and Services, to read as follows: Chapter 130 TOURISM FACILITIES AND SERVICES ARTICLE I Fee for Tourism Facilities and Services Section 130-1. Purpose. The purpose of this Article I is further to enable the provision of facilities and services in support of the Island’s principal long-term economic sector -- tourism. Pursuant to Objective 6.2 of the Nantucket Comprehensive Community Plan, the purpose in particular is alternate funding of enhanced facilities and services for tourists by fees which are supplemental to existing funding sources. Section 130-2. Definitions. The following words shall, for purposes of this Article I, have the following meanings, unless a different meaning is clearly apparent from the language or text: VISITOR SERVICES- The Visitors Services department of Nantucket Town Administration. VISITORS- Persons who come to Nantucket but not including year-round residents nor summer residents who own second or seasonal homes on Nantucket or dependents of year-round or summer residents. Page 46 2002 Annual Town Meeting Warrant with Finance Committee Recommendations Section 130-3. Visitors Fee For Enhanced Tourism Facilities and Services. A. Each Visitor who arrives in Nantucket shall, prior to or upon entry in the town, pay a Visitors Fee to the town. B. The Visitors Fee shall be established by the Board of Selectmen commensurate with the cost to the town of providing such enhanced tourism facilities and services as shall be identified to the Board, at least once annually, by Visitors Services. C. The Board of Selectmen may waive the payment of the Visitor Fee by specified categories of Visitors, provided the Board shall have first made a finding that Visitors in the specified category will not characteristically be benefited by such enhanced tourism facilities and services. Section 130-4. Administration. A. Prior to commencement of a calendar year, Visitors Services shall identify to the Board of Selectmen through the Town Administrator those enhanced tourism facilities and services for which supplemental funding is required. With its report identifying such facilities and services, Visitors Services shall furnish reasonable estimates of the corresponding additional town costs for the enhancements. B. Visitors Services shall establish a system of Visitors Fee collection. If the aid of transportation carriers is deemed necessary for efficient collection of Visitors Fees, retention by a carrier of up to 20% of fees collected by it may be authorized by the town as compensation. C. Visitors Services shall prescribe the form of Visitor Passes evidencing payment of the Visitor Fee, also Resident Passes or other means evidencing exemption from the fee. D. Tourism benefits accompanying payment of a Visitors Fee may include a visitor’s gift package, merchant’s discount coupons and the like, in addition to access to enhanced town tourism facilities and services. E. Visitors Fees shall be deposited in the town’s general fund, but Visitors Services, in its annual report to the town, shall state the town’s income from Visitors Fees and offsetting administrative expenses. F. At least four months prior to commencement of a calendar year, the Board of Selectmen shall specify whether the collection of Visitors Fees shall be undertaken in that year and what the fee shall be.. Section 130–5. Violations and penalties. A. The general penalty provisions of Bylaw Section 1-1 shall be applicable. B. Any police officer of the Town or other bylaw enforcing officer, or his or her designee, may utilize the non-criminal disposition specified in MGL c. 40, Section 21D. Section 130-6. Severability. The provisions of this Article I are severable. If any of its provisions is held invalid by a court of competent jurisdiction, all other provisions shall continue in full force and effect. Section 60-7. Effective Date. This Article I shall be effective September 1, 2002, and first applicable to the calendar year specified by the Board of Selectmen pursuant to Section 130-4F above. (William R. Sherman, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. Page 47 2002 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 56 (Bylaw: Seasonal Vacation Rental Fee) To see if the Town will vote to add the following bylaw to the Code of the Town of Nantucket as new Chapter 115, Rental of Dwellings, to read as follows: Chapter 115 RENTAL OF DWELLINGS ARTICLE I Seasonal Vacation Rental of Dwellings Section 115-1 Purpose. The purpose of this Article I is further to enable the provision of public ground transportation by the Nantucket Regional Transportation Authority (1) in support of public convenience and safety, (2) to minimize traffic congestion on island streets in high season, and (3) to lessen the demand for on-street parking spaces for private automobiles. To encourage increased use of such NRTA transportation and to provide a corresponding increase in needed funding, persons occupying seasonal vacation rental dwelling units under lease from the owner or lessor are enabled to have NRTA passes for which the owner or lessor shall pay the fee prescribed by the NRTA. Section 115-2. Definitions. The following words shall, for purposes of this Article I, have the following meanings, unless a different meaning is clearly apparent from the language or text: NRTA- The Nantucket Regional Transit Authority established under MGL c. 161B, governed by the members of the Nantucket Board of Selectmen acting in the capacity of the Nantucket Regional Transit Authority Advisory Board. RENTAL DWELLING UNIT- A leased private house, apartment or other private residential housing unit with sleeping and sanitation provisions for one household. SEASONAL VACATION RENTAL- The use of a Rental Dwelling Unit under lease or rental, written or oral, by one or more occupants (who are not year-round Nantucket residents) for greater than fourteen (14) days in a given calendar year, but for any rental period of fewer than ninety (90) days in a given calendar year. Section 115-3. Fee for NRTA passes. A. Each person (lessor) who leases or rents out a Rental Dwelling Unit for Seasonal Vacation Rental use shall obtain for the tenant occupants of such unit an NRTA pass for the period of their respective Seasonal Vacation Rental use. B. The lessor shall pay for an NRTA pass pursuant to Subsection 115-3A the amount set by the NRTA in a schedule of its fares. If the NRTA establishes a charge for passes of a type transferable from one person to the next of occupants of a given Rental Housing Unit in successive Seasonal Vacation Rental periods, the lessor may purchase that type of pass. C. No NRTA pass need be obtained under this Article I for the rental of just one room or of a year-round Accessory Apartment or Inclusive Unit. If the owner or lessor is an occupant of a Seasonal Vacation Rental Housing Unit for a period when the leasee is an occupant, he or she may apply to the NRTA for a waiver for that period on grounds that Seasonal Vacation Rental Page 48 2002 Annual Town Meeting Warrant with Finance Committee Recommendations was not the primary use of the Rental Housing Unit. If the waiver is denied, appeal may be taken to the NRTA Advisory Board for a decision on the waiver request after public hearing. Section 115-4. Administration. A. Prior to commencement of a calendar year, each person who is or will be offering in that year a Rental Dwelling Unit for Seasonal Vacation Rental Use, whether advertised or listed for rental or under lease or otherwise, shall register the Rental Dwelling Unit with the Town. The Town may require completion of an application including identity and rated capacity of the unit, identity of the lessor and lessor’s rental agents, if any, and the periods in that year when the Rental Dwelling Unit is available or committed for Seasonal Vacation Rental use. The Town may require payment of a deposit not to exceed one hundred dollars ($100.00) with the application. B. If a person, during but not prior to a calendar year, first offers a Rental Housing Unit for Seasonal Vacation Rental use, the registration and any payment required pursuant to Subsection 60-3 shall be completed prior to any such use. C. The lessor of a Rental Dwelling Unit shall obtain an NRTA pass for each tenant occupant of the leased unit, prior to the occupant’s Seasonal Vacation Rental period of use. No pass need be obtained for an occupant to the extent that he or she may be qualified for free use of NRTA public transportation. The scope of the NRTA pass shall be as set by the NRTA, whether entire system or specified routes or otherwise limited within its public transportation system. D. The Town may waive further registration applications in succeeding years with respect to a registered Rental Dwelling Unit except in the case of substantial changes in the Seasonal Vacation Rental Period or of a change in lessor or rated capacity. E. The Town may provide registration numbers for registered Seasonal Vacation Rental units which lessors shall then be required to provide to each rental agent authorized to list their respective Seasonal Vacation Rental Dwelling Units. F. Following the year for which a Rental Dwelling Unit was first registered, the lessor may obtain a refund of his or her registration deposit upon proof that net rental income from the Seasonal Vacation Rental use of the unit was less than $3000 for that year. Proof may be required by the Town in the form of applicable income tax return Schedule E of rental income. Effective with the calendar year for which the refund is made, the Rental Dwelling Unit shall cease to be registered. G. A Seasonal Vacation Rental Dwelling Unit shall not be registered by the Town for any calendar year or period during which the unit is determined to be in violation of the Town’s health regulations or of provisions in its Zoning Code concerned with health or safety. Absent such registration, no Seasonal Vacation Rental use shall be permitted for which an NRTA pass is required. Section 115-5. Violations and penalties. A. The Town may impose as a penalty for any violation of this Article I the requirement that the lessor of a Seasonal Vacation Rental Dwelling Unit pay a fine to the Town not to exceed the NRTA charges for unpaid passes required hereunder for each calendar year in which the violation occurred. Absent imposition of such penalty, the general penalty provisions of Bylaw Section 1-1 shall be applicable. B. Any police officer of the Town or other bylaw enforcing officer, or his or her designee, may utilize the non-criminal disposition specified in MGL c. 40, Section 21D for fines up to the statutory limit. Section 115-6. Severability. The provisions of this Article I are severable. If any of its provisions is held invalid by a court of Page 49 2002 Annual Town Meeting Warrant with Finance Committee Recommendations competent jurisdiction, all other provisions shall continue in full force and effect. Section 115-7. Effective date. This Article I shall be effective October 1, 2002, and first applicable to the calendar year 2003. (William R. Sherman, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. ARTICLE 57 (Home Rule Petition: Special Sales Tax) To see if the town will vote to request its representatives in the General Court to introduce legislation to seeking a special act set forth below and to authorize the General Court with the approval of the Board of Selectmen to make constructive changes in perfecting the language of this proposed legislation in order to secure passage, such legislation to read substantially as follows: AN ACT IMPOSING A SPECIAL TARGETED SALES TAX FOR THE BENEFIT OF THE TOWN OF NANTUCKET UPON NEW CONSTRUCTION ON NANTUCKET ISLAND Section 1. In addition to the sales tax imposed by the Commonwealth upon sales at retail in the Commonwealth pursuant to chapter 64H of the general laws, there is hereby imposed an additional tax upon the payments received by Vendors as defined in Section 3 of this Act for the labor and materials charges for construction of any new building with the limits of the Town of Nantucket after the effective date of this Act, provided however that the total amount of all such charges for one such building irrespective of which year or years such charges may fall, shall exceed the total of two hundred thousand dollars ($200,000). The amount of such tax shall be at the rate of two percent of the gross receipts of the vendor contractor who has built the building, including labor services and materials supplied, and shall be paid over by the Vendor to the Commissioner of the Department of Revenue at the time provided for the filing the return required by section sixteen of chapter 62C. Section 2. All amounts collected by the Department of Revenue shall be paid over by said department to the treasury of the town of Nantucket to be spent by such Town as may be lawfully appropriated by the Town's legislative body. Section 3. The amount of any tax paid by any Vendor to the Commissioner pursuant to this Act shall be reimbursed to the Vendor in full by the purchaser of such buildings and the provisions of section 3 of chapter 64H shall apply to the extent applicable to the reimbursement to Vendors. The excise shall be collected and administered in accordance with Chapter 64H of the general laws, provided however, that the Building Commissioner of the Town of Nantucket shall provide at the time provided for the filing the return required by section sixteen of chapter 62C a report to the Commissioner of the Department of Revenue setting forth a listing of all building permits issued by the town for which the tax imposed by this Act would be payable. Section 4. All definitions set forth in section 1 of chapter 64H shall here be incorporated by reference, provided however that builders, contractors and suppliers of building components for any new building construction on Nantucket Island shall be included in the definition of vendors set forth in section 1 of chapter 64H. All exemptions from the tax imposed by section 6 of chapter 64H shall also be exempt, to the extent applicable, from excise tax imposed by this Act. Section 5. This Act shall take effect upon passage as to all payments for buildings (labor and materials) made after the effective date hereof. Page 50 2002 Annual Town Meeting Warrant with Finance Committee Recommendations (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Town's representatives in the General Court be requested to introduce legislation to seeking a special act set forth below and to authorize the General Court with the approval of the Board of Selectmen to make constructive changes in perfecting the language of this proposed legislation in order to secure passage, such legislation to read substantially as follows: AN ACT IMPOSING AN ADDITIONAL SALES TAX FOR THE BENEFIT OF THE TOWN OF NANTUCKET UPON RETAIL SALES ON NANTUCKET ISLAND Section 1. In addition to the sales tax imposed by the Commonwealth upon sales at retail in the Commonwealth pursuant to chapter 64H of the general laws, there is hereby imposed an additional local sales tax upon sales at retail by Vendors as defined in said Chapter 64H, within the limits of the Town of Nantucket. The amount of such tax shall be at the rate of one-half percent of the gross receipts of such Vendors and shall be paid over by the Vendors located within the limits of the Town of Nantucket to the Commissioner of the Department of Revenue at the time provided for the filing the return required by section sixteen of chapter 62C. Section 2. All amounts collected by the Department of Revenue pursuant to this Act shall be paid over by said department to the treasury of the town of Nantucket to be spent by such Town as may be lawfully appropriated by the Town's legislative body. Section 3. The amount of any tax paid by any Vendor to the Commissioner pursuant to this Act shall be reimbursed to the Vendor in full by the purchasers thereof and the provisions of section 3 of chapter 64H shall apply to the reimbursement to Vendors. This additional local sales tax shall be collected and administered in accordance with Chapter 64H of the general laws. Section 4. All definitions set forth in section 1 of chapter 64H shall here be incorporated by reference. All exemptions from the tax imposed by section 6 of chapter 64H shall also be exempt, to the extent applicable, from the additional local sales tax imposed by this Act. Section 5. This Act shall take effect upon passage as to all taxable payments made after the effective date hereof within the limits of the Town of Nantucket. ARTICLE 58 (Home Rule Petition: Revolving Fund/Airport Fuel Sales) To see if the Town will vote to request its representatives in the General Court to introduce legislation seeking a special act as set forth below and to authorize the General Court, with the approval of the Board of Selectmen to make constructive changes in perfecting the language of this proposed legislation in order to secure passage, such legislation to read substantially as follows: Page 51 2002 Annual Town Meeting Warrant with Finance Committee Recommendations AN ACT PROVIDING FOR A FUEL REVOLVING ACCOUNT AT NANTUCKET MEMORIAL AIRPORT Section 1. Notwithstanding the provisions of section 53E½ of chapter 44 of the General Laws, the town of Nantucket, acting by and through its Town Meeting, is authorized to establish a revolving fund for the sale of fuel at the Nantucket Memorial Airport to be expended without appropriation by the Airport Commission which fund may exceed the limit described in said section 53E½ of one percent of the amount raised by taxation in the most recent year for which a tax rate has been certified. Section 2. Except as provided for by Section 1, all other provisions of section 53E½ of chapter 44 not varied by Section 1 of this Act shall otherwise apply. Section 3. This Act shall take effect upon passage. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Town’s representatives in the General Court be requested to introduce legislation seeking a special act as set forth below and to authorize the General Court, with the approval of the Board of Selectmen to make constructive changes in perfecting the language of this proposed legislation in order to secure passage, such legislation to read substantially as follows: AN ACT PROVIDING FOR A FUEL REVOLVING ACCOUNT AT NANTUCKET MEMORIAL AIRPORT Section 1. Notwithstanding the provisions of section 53E½ of chapter 44 of the General Laws, the town of Nantucket, acting by and through its Town Meeting, is authorized to establish a revolving fund for the sale of fuel at the Nantucket Memorial Airport to be expended without appropriation by the Airport Commission which fund may exceed the limit described in said section 53E½ of one percent of the amount raised by taxation in the most recent year for which a tax rate has been certified. Section 2. Except as provided for by Section 1, all other provisions of section 53E½ of chapter 44 not varied by Section 1 of this Act shall otherwise apply. Section 3. This Act shall take effect upon passage. ARTICLE 59 (Home Rule Petition: Nantucket Islands Land Bank) To see if the Town will vote to request its representatives in the General Court to introduce legislation amending the Nantucket Land Bank Act as set forth below and to authorize the Board of Selectman of the Town to make constructive changes in perfecting the language of this legislation in order to secure passage, it being the intent to authorize the Board of Selectman and the General Court to vary the specific language of the requested legislation within the scope of the general public objectives of this home rule petition, such legislation read substantially as follows: 1. Subject to existing exemptions, the Land Bank fee on the transfer of real estate shall be maintained at two percent (2%) of the selling price of the property. 2. Of this fee of two percent (2%), one-quarter of one percent (0.25%) shall be used to support housing programs within the Town of Nantucket. Page 52 2002 Annual Town Meeting Warrant with Finance Committee Recommendations 3. These housing programs may be public or private initiatives, or a combination thereof, with specific proposals to be developed within the context of the Comprehensive Plan, and subject to approval of future Town Meetings. (Curtis L. Barnes, et al) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. ARTICLE 60 (Home Rule Petition: Historic District Commission/Membership) To see if the Town will vote to request its representatives in the General Court to introduce legislation amending the Historic District Commission Act as set forth below and to authorize the Board of Selectman of the Town to make constructive changes in perfecting the language of this legislation in order to secure passage, it being the intent to authorize the Board of Selectman and the General Court to vary the specific text of the requested legislation within the scope of the general public objectives of this home rule petition; such legislation to read substantially as follows: 1. To amend Chapter 395 of the Acts of 1970, as amended, by deleting the following: a. Section 3 (Membership) 2. To further amend Chapter 395 of the Acts of 1970, as amended, by adding the following: a. Section 3. There is hereby established in the Town of Nantucket an Historic District Commission consisting of five (5) unpaid members of whom three (3) members shall be elected for terms of three (3) years; and two (2) members who shall be appointed by the Board of Selectman for terms of three (3) years. As current terms on the Commission expire, vacancies shall be filled as follows: One (1) member elected and one (1) member appointed in the first year; one (1) member elected and one (1) member appointed in the second year; and one (1) member elected in the third year. No member of the Commission shall be eligible to serve for more than two (2) consecutive terms. b. There shall be two (2) alternate members on the commission, who shall be elected, and shall be eligible to sit on all cases when a regular member is absent. (Curtis L. Barnes, et al) FINANCE COMMITTEE MOTION: Moved that the representatives of the Town of Nantucket in the General Court are hereby requested to introduce legislation amending the Historic District Commission Act as set forth below and that the Board of Selectman of the Town be authorized to make constructive changes in perfecting the language of this legislation in order to secure passage, it being the intent to authorize the Board of Selectman and the General Court to vary the specific text of the requested legislation within the scope of the general public objectives of this home rule petition; such legislation to read substantially as follows: AN ACT TO CHANGE THE METHOD OF SELECTING MEMBERS TO THE NANTUCKET HISTORIC DISTRICT COMMISSION 1. Chapter 395 of the Acts of 1970, as amended by Chapter 708 of the Acts of 1972, Chapter 300 of the Acts of 1984, Chapter 291 of the Acts of 1985, Chapter 735 of the Acts of 1987, Chapter 333 of the Acts of 1989, Chapter 314 of the Acts of 1990, and by Chapter 193 of the Acts 1998 is hereby further amended by deleting the text of the first and third sentences of the first paragraph of Section 3 thereof (other than as set forth in this Act, the second and fourth sentences of such first paragraph of Section 3 of said Act, and the remaining text of Section 3 of Page 53 2002 Annual Town Meeting Warrant with Finance Committee Recommendations said Act shall remain in full force and effect), and substituting the following: Section 3. There is hereby established in the Town of Nantucket an Historic District Commission consisting of five (5) unpaid members of whom three (3) members shall be elected for terms of three (3) years; and two (2) members who shall be appointed by the Board of Selectman for terms of three (3) years. As current terms on the Commission expire after the effective date of this Special Act, vacancies shall be filled as follows: One (1) member elected at the Annual Town Elections of the Town of Nantucket and one (1) member appointed in the first year; one (1) member elected at the Annual Town Elections of the Town of Nantucket and one (1) member appointed in the second year; and one (1) member elected in the third year at the Annual Town Elections of the Town of Nantucket. No member of the Commission shall be eligible to serve for more than two (2) consecutive terms. There shall be two (2) alternate members on the commission, who shall also be elected at the Annual Town Elections of the Town of Nantucket, and shall be eligible to sit on all cases when a regular member is absent. 2. This Act shall take effect on passage. ARTICLE 61 (Reauthorization of Previously Approved Home Rule Petitions) To see if the town will vote to reauthorize and renew the Town's requests to its representatives in the General Court to introduce home rule petitions seeking legislation as set forth below and to renew and reauthorize the General Court with the approval of the Board of Selectmen of the town to make constructive changes in perfecting the language proposed in order to secure passage within the scope of the general public objectives of these home rule petitions, as follows: "An Act increasing the amount of an exemption from the Nantucket Islands Land Bank transfer fee," as previously adopted by the motion pursuant to Article 72 of the warrant for the 2000 Annual Town Meeting; "Technical Amendments to the Nantucket Islands Land Bank Act", as previously adopted by the motion pursuant to Article 73 of the warrant for the 2000 Annual Town Meeting; “An Act to establish Nantucket Affordable Housing Covenants", as previously adopted by the motion pursuant to Article 49 of the warrant for the 2001 Annual Town Meeting; "An Act to regulate Motor Vehicles on Nantucket Island", as previously adopted by the motion pursuant to Article 50 of the warrant for the 2001 Annual Town Meeting; "An Act to provide for the appointment, qualifications compensation, duties, status retirement and pensions of special police officers on Nantucket Island", as previously adopted by the motion pursuant to Article 51 of the warrant for the 2001 Annual Town Meeting; "An Act to raise fines for Parking violations on the Island of Nantucket", as previously adopted by the motion pursuant to Article 52 of the warrant for the 2001 Annual Town Meeting; Page 54 2002 Annual Town Meeting Warrant with Finance Committee Recommendations "An Act regulating the Affairs of the Housing Authority of the Town of Nantucket" as previously adopted by the motion pursuant to Article 53 of the warrant for the 2001 Annual Town Meeting; "An Act providing a chapter 268A section 17(a) and (b) exemption to the Nantucket Historic District Commission", as previously adopted by the motion pursuant to Article 75 of the warrant for the 2000 Annual Town Meeting and Article 1 of the October 2001 Second Special Town Meeting. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Town request its representatives in the General Court to reintroduce home rule petitions seeking legislation as set forth below and to renew and reauthorize the General Court with the approval of the Board of Selectmen of the town to make constructive changes in perfecting the language proposed in order to secure passage within the scope of the general public objectives of these home rule petitions, as follows: "An Act increasing the amount of an exemption from the Nantucket Islands Land Bank transfer fee," as previously adopted by the motion pursuant to Article 72 of the warrant for the 2000 Annual Town Meeting; "Technical Amendments to the Nantucket Islands Land Bank Act", as previously adopted by the motion pursuant to Article 73 of the warrant for the 2000 Annual Town Meeting; “An Act to establish Nantucket Affordable Housing Covenants", as previously adopted by the motion pursuant to Article 49 of the warrant for the 2001 Annual Town Meeting; "An Act to regulate Motor Vehicles on Nantucket Island", as previously adopted by the motion pursuant to Article 50 of the warrant for the 2001 Annual Town Meeting; "An Act to provide for the appointment, qualifications compensation, duties, status retirement and pensions of special police officers on Nantucket Island", as previously adopted by the motion pursuant to Article 51 of the warrant for the 2001 Annual Town Meeting; "An Act to raise fines for Parking violations on the Island of Nantucket", as previously adopted by the motion pursuant to Article 52 of the warrant for the 2001 Annual Town Meeting; "An Act regulating the Affairs of the Housing Authority of the Town of Nantucket" as previously adopted by the motion pursuant to Article 53 of the warrant for the 2001 Annual Town Meeting; "An Act providing a chapter 268A section 17(a) and (b) exemption to the Nantucket Historic District Commission", as previously adopted by the motion pursuant to Article 75 of the warrant for the 2000 Annual Town Meeting and Article 1 of the October 2001 Second Special Town Meeting. ARTICLE 62 (Community Preservation Act: Amendment of Number of Exemptions from Surcharge) To see if the Town will vote to amend the number of exemptions from Community Preservation Act surcharges by deleting the previously approved exemption provisions and replacing them with the following, or take any other action related thereto: Page 55 2002 Annual Town Meeting Warrant with Finance Committee Recommendations In addition to the exemptions from real property taxes applicable under Massachusetts General Laws Chapter 59, the following shall be exempt from the surcharge imposed under the Community Preservation Act: 1.) property owned and occupied as a domicile by a person who would qualify for low income housing or low or moderate income senior housing in the Town; and 2.) $100,000 of the value of each taxable parcel of residential real property. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the number of exemptions from Community Preservation Act surcharges are hereby amended by deleting the previously approved exemption provisions and replacing them with the following: In addition to the exemptions from real property taxes applicable under Massachusetts General Laws Chapter 59, the following shall be exempt from the surcharge imposed under the Community Preservation Act: 1.) property owned and occupied as a domicile by a person who would qualify for low income housing or low or moderate income senior housing in the Town; and 2.) $100,000 of the value of each taxable parcel of residential real property. ARTICLE 63 (Advisory Committee on the Monitoring and Coordination of the Island’s Transportation Systems) To see if the Town will vote to instruct the Board of Selectmen to form a Transportation Advisory Committee to be charged with monitoring the transportation of persons and goods to, from, and on-Island, in the context of the island’s carrying capacity and community character. The Committee shall encourage and annually recommend measures to further the seamless integration of sea, land, and air-based transportation systems, and to promote greater efficiency, affordability, and improvement of the Island’s alternative transportation systems. The Advisory Committee is in accordance with Objective 5.1.1 of the Nantucket Comprehensive Community Plan. The Advisory Committee is also charged with negotiating a binding agreement between and among the Steamship Authority, the Airport Commission, and the Nantucket Regional Transit Authority committing these entities to prepare Transportation Impact Statements (“TIS”) which assess the direct and spillover effects of transportation capacity expansions. This provision is in accordance with Objective 5.6.1 and 5.6.2 of the Comprehensive Community Plan. The Transportation Advisory Committee shall consist of the following representatives to be appointed by the Board of Selectmen: Member of the Board of Selectmen NRTA Administrator, or member of the NRTA Advisory Board On-Island representative of the Steamship Authority (requested appointment) Member of the Airport Commission Member of the NP&EDC 3 representatives of private transportation carriers doing business on the Island, each representing air, water, and land-based transportation, respectively. Page 56 2002 Annual Town Meeting Warrant with Finance Committee Recommendations 3 At-large members of the community Ex officio members as needed, derived from the professional staffs of transportation entities (Board of Selectmen for NP&EDC) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. FINANCE COMMITTEE COMMENT: Currently, the Board of Selectmen has the authority to form a similar committee and empower it. ARTICLE 64 (Real Estate Acquisition: Airport) To see if the Town will vote to authorize the Nantucket Airport Commission to acquire by purchase, gift, eminent domain or otherwise, for general municipal purposes, land located at 127 and 129 Old South Road, containing approximately one (1) acre, being a portion of the land identified on Map 68, Parcel 46.2 and 46.3; and to see if the Town will vote to authorize the Airport Commission to raise and appropriate, borrow (including bonding) pursuant to any applicable statute, apply for or expend federal and/or state grants, or transfer from available funds, a sum of money for such purpose; and, to take any other action relative thereto. (Board of Selectmen for Airport Commission) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to acquire by purchase, gift, eminent domain or otherwise, for general municipal purposes, land located at 127 and 129 Old South Road, containing approximately one (1) acre, being a portion of the land identified on Map 68, Parcel 46.2 and 46.3; and that the Treasurer of the Town, with the approval of the Board of Selectmen, be authorized to borrow the sum of Eight Hundred Seventy-five Thousand Dollars ($875,000) as general obligations of the Town, with the intent that all repayments and debt service for such borrowings are to come from Airport revenues; and that upon acquisition the land so acquired pursuant to this motion be transferred to the custody and management of the Nantucket Airport Commission. ARTICLE 65 (Real Estate Disposition: Easement) To see if the Town will vote to authorize the Town of Nantucket to grant to the Nantucket Electric Company, an easement across a portion of land located on Bunker Road (Map 78, a portion of parcels 1, 2, 3, 16 or parts thereof) for the purpose of installing, replacing and maintaining utility lines and services in this area; providing access to other land of Nantucket Electric Company across so-called Bunker Road; and constructing and maintaining an emergency access roadway; and, to take any other action relative thereto. (Board of Selectmen for Airport Commission) FINANCE COMMITTEE MOTION: Moved that the Nantucket Electric Company is hereby granted an easement across a portion of land located on Bunker Road (Map 78, a portion of parcels 1, 2, 3, 16 or parts thereof) for the purpose of installing, replacing and maintaining utility lines and services in this area; providing access to other land of Nantucket Electric Company across so- called Bunker Road; and constructing and maintaining an emergency access roadway. Page 57 2002 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 66 (Real Estate Acquisition: Siasconset Wastewater Treatment Facility) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift, or eminent domain, for purposes of confirming the Town’s title to and for municipal sewage treatment purposes, certain parcels of land in Surfside the land identified on a plan of land entitled “Plan of House Lots of Chas. F. Coffin at Low Beach, Siasconset, Nantucket, Mass.” dated May 23, 1895 and filed in the Nantucket Registry of Deeds in Plan Book 3, Page 3 (the “Plan”), which land is more specifically identified on the Plan as Plan Blocks 3, 4, 5, 6, 24, 25, 26, 27, and 30, including those portions of the following ways abutting said Plan Blocks: Holly Street, Myrtle Street, Pochick Avenue, Central Street, and land abutting said parcels to the midline of Pine Street and Elm Street; and further to see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift, or eminent domain for municipal sewage treatment purposes an approximately 30 foot-wide strip of land now or formerly of the Nantucket Central Railroad identified on Assessor’s Map 74 as abutting along the southerly side of Parcel 71.2 (Lot 23 on Land Court Plan 9595-I at the Nantucket Registry District of the Land Court) running west to east from the midline of Elm Street to the midline of Pine Street, all of which land is described in detail as follows: Beginning at a point at the centerline of intersection of Low Beach Road and Pine Street, THENCE in a Southeasterly direction by the centerline of Pine Street, a distance of 800 feet, more or less, to the end of Pine Street as laid out and shown on a plan recorded on the Plan; THENCE in a Southwesterly direction a distance of 1,014 feet, more or less, by the southerly property line of land of the Town of Nantucket to the centerline of Elm Street; THENCE in a Northwesterly direction, a distance of 453 feet, more or less, to the southerly line of the former Nantucket Central Railroad; THENCE in a Northeasterly direction, a distance of 746 feet, more or less, still by the southerly line of said Railroad to the centerline of Holly Street; THENCE in a Northwesterly direction by the centerline of Holly Street, a distance of 266 feet, more or less, to the centerline of Low Beach Road; THENCE in a Northeasterly direction, by the centerline of said Low Beach Road, a distance of 244 feet, more or less, to the point of beginning. and to see if the Town will vote to raise and appropriate, borrow pursuant to any applicable statute, or transfer from available funds, a sum of money for such purpose; and to take such other actions as may be appropriate with respect thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved to take no action on this Article. FINANCE COMMITTEE COMMENT: The 1989 Annual Town Meeting authorized the Board of Selectmen to take the necessary real estate interests. Page 58 2002 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 67 (Real Estate Acquisition: Siasconset Wastewater Treatment Facility – Mitigation Area) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift or eminent domain any title interests they may deem appropriate in the land described as Lot 943 on Land Court Plan No. 5004-70 (commonly known as 50 Tom Nevers Road) for general municipal purposes, including without limitation, satisfaction of permit requirements related to construction of the Siasconset Wastewater Treatment Facility and Infrastructure Upgrade Project; and to take such other actions related thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to acquire by purchase, gift or eminent domain any title interests they may deem appropriate in the land described as Lot 943 on Land Court Plan No. 5004-70 (commonly known as 50 Tom Nevers Road) for general municipal purposes, including without limitation, satisfaction of permit requirements related to construction of the Siasconset Wastewater Treatment Facility and Infrastructure Upgrade Project. ARTICLE 68 (Real Estate Conveyance: Nantucket Housing Authority) To see if the Town will vote to authorize the Board of Selectmen to convey to the Nantucket Housing Authority, for uses consistent with the Housing Authority’s purposes, the following parcel of land with the following conditions: 1) title is fully acquired in the name of the Town; 2) the land will be used within ten (10) years of the date of conveyance; and 3) if, after use has commenced, and the use is either discontinued or abandoned, the title to the property shall revert to the Town of Nantucket: land identified in a deed recorded at the Nantucket Registry of Deeds in Book 87, Page 508 and shown as Parcel 173 on Assessor’s Map 79, located at 11 Monohansett Road, the lot size being approximately 88,000 square feet; and, to take any other action as may be required thereto. (Board of Selectmen for Nantucket Housing Authority) FINANCE COMMITTEE MOTION: Moved that the Board of Selectmen is hereby authorized to convey to the Nantucket Housing Authority, for uses consistent with the Housing Authority’s purposes, the following parcel of land with the following conditions: 1) title is fully acquired in the name of the Town; 2) the land will be used within ten (10) years of the date of conveyance; and 3) if, after use has commenced, and the use is either discontinued or abandoned, the title to the property shall revert to the Town of Nantucket: land identified in a deed recorded at the Nantucket Registry of Deeds in Book 87, Page 508 and shown as Parcel 173 on Assessor’s Map 79, located at 11 Monohansett Road, the lot size being approximately 88,000 square feet. ARTICLE 69 (Real Estate Acquisition: Surfside) To see if the Town will vote to acquire by purchase or gift the land in Surfside described as a 40 foot strip along the eastern boundary of land of identified on Assessor’s Map 87 as Parcel 39, title to which land is currently held by Thomas and Susan Hutton by virtue of a deed recorded in the Nantucket Registry of Deeds in Book 587, Page 36; and further, to see if the Town will vote to acquire an easement over said land between the high water mark and 5 feet below the vegetated area of the land for purposes of pedestrian access; and to see if the Town will vote to raise and appropriate, borrow Page 59 2002 Annual Town Meeting Warrant with Finance Committee Recommendations pursuant to any applicable statute, or transfer from available funds, a sum of money for such purpose; and to take such other actions as may be appropriate with respect thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: Moved not to adopt the Article. FINANCE COMMITTEE COMMENT: This Article is a matter for the County of Nantucket. ARTICLE 70 (Greenbelt as Acquisition and Protection Priority) To see if the Town will vote to request the Board of Selectmen, and to recommend to the County Commissioners, Land Bank Commission, and non-profit environmental organizations, the acquisition in fee or protection by conservation restriction of land delineated as “Greenbelt”, on a map entitled “Greenbelt Areas to be Protected”, dated January 2, 2002, all in accordance with the Objective 1.1.3 of the Nantucket Comprehensive Community Plan. COMMENT: The purpose of this Greenbelt is to provide a clear demarcation of areas designated “Town”, and those areas designated “Country”, and to provide open space and passive recreational opportunities close to “Town” designated areas. (Board of Selectmen for NP&EDC) FINANCE COMMITTEE MOTION: Moved to adopt the Article. FINANCE COMMITTEE COMMENT: This Article calls for action that is non-binding and not enforceable. Page 60 2002 Annual Town Meeting Warrant with Finance Committee Recommendations Greenbelt parcels are shown in dark gray. Page 61 2002 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 71 (Resolution Regarding Gardens and Open Land) To see if the Town will vote to adopt the following resolution: A RESOLUTION OF THE TOWN OF NANTUCKET, County of Nantucket, State of Massachusetts, Making a Statement of Policy Regarding the Importance of Gardens and Open Land Appurtenant to its Houses and Buildings To the Citizens and Economy of Nantucket County WHEREAS: (1) The island of Nantucket, a National Historic District since 1966, contains over 3000 documented historic structures and 2,000 additional contributing structures, all of which, together with their gardens and surrounding green spaces, are vitally important to the historic appearance of the Town of Nantucket, the village of Siasconset and other smaller settlements on the island; (2) The gardens and open green spaces complementing these historic structures are essential to the community’s ability to view, understand and appreciate the architecture, history and development of the island; (3) The Town and citizens of Nantucket recognize the enormous economic, social and cultural value in preserving the historic fabric and appearance of Nantucket Town, Siasconset and other settlements for the enjoyment of visitors and continued popularity of Nantucket as a tourist destination; and (4) It is the policy of the Town of Nantucket (as stated in its Comprehensive Plan of 2001) and the State of Massachusetts (as shown by the new Community Preservation Act and by laws authorizing owners to create historic preservation and conservative restrictions) to encourage the preservation of historic properties on Nantucket Island; NOW THEREFORE, BE IT RESOLVED by the Town and County of Nantucket, that it shall be the policy of said Town and County that: (1) Gardens and open land, in addition to houses and historic buildings on Nantucket, be considered integral elements of the fabric of Nantucket’s historic appearance, and thus necessary for the continued vitality of Nantucket’s economy, landscape and culture. In particular, that (2) Owners be encouraged to preserve such gardens and open land through public and private efforts, including the use of preservation restrictions where appropriate. (Caroline A. Ellis, et al) FINANCE COMMITTEE MOTION: Moved to adopt the Article. Page 62 2002 Annual Town Meeting Warrant with Finance Committee Recommendations ARTICLE 72 (Appropriation: Stabilization Fund) To see what sums the Town will vote to appropriate, and also to raise, borrow pursuant to any applicable statute, or transfer from available funds, for the purposes of the Stabilization Fund in accordance with Chapter 40, section 5B of the General Laws, from which appropriations may be made by a two-thirds vote of an Annual or Special Town Meeting for any purpose for which a municipality may borrow money or for any other lawful purpose; said sum not to exceed ten percent (10%) of the Fiscal Year 2003 tax levy. (Board of Selectmen) FINANCE COMMITTEE MOTION: To be provided at Town Meeting. ARTICLE 73 (Appropriation: Free Cash) To see what sum the Town will vote to transfer from Free Cash in the treasury to meet the appropriations for the ensuing Fiscal Year and to authorize the Assessors to use in fixing the tax rate, pass any vote, or take any action relative thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: To be provided at Town Meeting. Page 63 2002 Special Town Meeting Warrant with Finance Committee Recommendations SPECIAL TOWN MEETING WEDNESDAY, APRIL 10, 2002, 8:00 PM ARTICLE 1 (Real Estate Acquisition: Land Near Town Hall) To see if the Town will vote to authorize the Board of Selectmen to acquire by purchase, gift, eminent domain or otherwise, for general municipal purposes, the property located at 20 Federal Street containing approximately 4,786 square feet and further described as Parcel 0008 on Map 42.3.1; and to see if the Town will vote to raise and appropriate, borrow (including bonding) pursuant to any applicable statute, or transfer from available funds, a sum of money for such purpose; and, to take any other action relative thereto. (Board of Selectmen) FINANCE COMMITTEE MOTION: To be provided at Special Town Meeting. Town of Nantucket 16 Broad Street Nantucket, MA 02554