Town of Nantucket, MA
Nantucket County
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Table of Contents
Table of Contents
[Adopted 4-5-1977 ATM by Art. 23, approved 8-30-1977]

§ 11-6 Establishment; membership.

[Amended 4-10-1995 ATM by Art. 58, approved 5-22-1995]
There shall be a Capital Program Committee consisting of seven voting members.
A. 
Four voting members will be appointed by the Board of Selectmen with terms beginning and ending with the fiscal year, July 1 through June 30. With the exception of the first appointments, each term will be three years. The first Board of Selectmen appointments will be as follows: Committee members one and two initial appointments will carry a one-year term; Committee member three initial appointment will carry a two-year term; and Committee member four initial appointment will carry a three-year term. After the initial terms, terms will follow the three-year rotation.
B. 
A fifth voting member shall be appointed by the Board of Selectmen; a sixth voting member shall be appointed by the Finance Committee; the seventh voting member shall be appointed by the Nantucket Planning and Economic Development Commission. Each of the fifth, sixth and seventh members must be members of the Board, Commission or Committee at the time of appointment. Board, Commission or Committee appointments shall be for one fiscal year and coterminus with the Town's fiscal year or at cessation of the member's term of appointment, whichever first occurs.
C. 
Members may be reappointed for consecutive terms.
[Amended 4-4-2011 ATM by Art. 66, approved 7-26-2011]
D. 
The Capital Program Committee shall have a Chairman, Vice Chairman and a recording secretary. Each of the preceding members shall be elected by the Committee, and the elected term shall be for one fiscal year.
E. 
Vacancies occurring shall be filled in the same manner as the original appointment, for the remainder of the unexpired term.

§ 11-7 Meetings.

[Amended 4-10-1995 ATM by Art. 58, approved 5-22-1995; 4-4-2011 ATM by Art. 66, approved 7-26-2011]
The Capital Program Committee shall meet at such times and in such places as it shall determine necessary to investigate and evaluate any proposed public-funded capital expenditure as defined in § 11-12.2. Such investigation and evaluation shall be done at public meetings held after due public notice.

§ 11-8 Compensation.

[Amended 4-4-2011 ATM by Art. 66, approved 7-26-2011]
The members of the Capital Program Committee shall not be paid for their services.

§ 11-9 Issuance of reports.

[Amended 4-4-2011 ATM by Art. 66, approved 7-26-2011]
The Capital Program Committee shall issue a report or reports on each proposed capital expenditure, which report may include the findings of the Capital Program Committee concerning the need for the project, the cost of the proposed project, the ability of the Town of Nantucket to pay for the proposed project and other information deemed by the Capital Program Committee to be relevant. Such reports shall be made to the Board of Selectmen and Finance Committee at least 30 days prior to the date of the Town Meeting called to vote on any proposed capital expenditure.

§ 11-10 Ex officio member.

[Amended 4-10-1995 ATM by Art. 58, approved 5-22-1995; 4-4-2011 ATM by Art. 66, approved 7-26-2011]
The Town Manager or the Town Manager's designee shall be an ex officio member of the Capital Program Committee but shall have no vote in the proceedings of the Committee.

§ 11-11 Evaluation and report.

[Amended 11-29-1988 STM by Art. 5, approved 2-7-1989]
No nonrecurring capital expenditure shall be voted on or considered by a Town Meeting until such proposed capital expenditure shall have been evaluated by the Capital Program Committee and until said Committee shall have made a report of its findings as stated herein; provided, however, that for all Town Meetings after March 1, 1982, a report by the Finance Committee shall satisfy all of the requirements of this Chapter 11.

§ 11-12 Neglect or failure to act.

[Added 11-29-1988 STM by Art. 5, approved 2-7-1989]
Notwithstanding the foregoing Chapter 11, the Finance Committee of the Town of Nantucket shall operate as the Capital Program Committee and shall have all rights and duties of such Committee at any time such Capital Program Committee fails or neglects to act. The Finance Committee recommendations on Town Meeting Articles shall be sufficient for fulfilling the reporting requirements of §§ 11-9 and 11-11.

§ 11-12.1 Projected funding.

[Added 4-10-1995 ATM by Art. 58, approved 5-22-1995; amended 4-4-2011 ATM by Art. 66, approved 7-26-2011]
The Town shall spend on capital projects a minimum of 1% of total Town local receipts collected in the prior fiscal year plus 1% of the total real estate and personal property taxes collected in the prior fiscal year. If local receipts fall below the 1% minimum, the Town may forego the funding requirement.

§ 11-12.2 Capital expenditure defined.

[Added 4-10-1995 ATM by Art. 58, approved 5-22-1995]
A. 
A capital expenditure is a nonrecurring expenditure for land, buildings and/or building improvements having a useful life equaling or exceeding 10 years or an expenditure for municipal infrastructure and equipment having a useful life equaling or exceeding five years.
B. 
Furthermore, capital expenditures must have aggregate direct and indirect costs, even if expended in multiple fiscal years, equaling or exceeding a dollar amount to be hereafter set forth by the Capital Program Committee. Any change in the dollar amount must have a two-thirds-majority vote by the Committee. Furthermore, $50,000 is to be established as the initial amount until otherwise set forth in accordance with this article.