HomeMy WebLinkAboutJanuary 26, 2021 AGENDA
Nantucket Land Bank Commission
Regular Meeting of January 26, 2021
Remote Participation via Zoom (see below*)
CALL TO ORDER: 4:00 P.M. a
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A. CONVENE IN OPEN SESSION rn G
1. PUBLIC COMMENT/ STAFF ANNOUNCEMENTS r' -•
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2. GOLF BUSINESS
a. Sconset Golf Course—Manager's Monthly Review
b. Miacomet Golf Course—Manager's Monthly Review
3. PROPERTY MANAGEMENT
a. 15 Commercial Wharf House Removal—Execution of Intermunicipal Agreement
b. Projects Planning/Permitting - Updates
4. APPROVAL OF MINUTES
a. Regular Meeting of January 12, 2021
5. TRANSFER BUSINESS
a. "M" Exemption Update—Release of Lien
6. FINANCIAL BUSINESS
a. Monthly Financial Report—December
b. Warrant Authorization— Cash Disbursement
c. Warrant Authorization— 2012 Series A Semi-Annual Bond Payment
7. REGULAR BUSINESS
a. Community Outreach—Update
b. Coast to Coast Trail Parking/Hoicks Hollow Road—Town License Agreement
c. Deer/Tick Study Aerial Survey—Funding Participation Request
B. EXECUTIVE SESSION: The Executive Session is for Purpose 6[G.L. c. 30A, 21(a)(6)]. The
particular transactions and parcels of real estate are not identified since disclosure of the
property information may have a detrimental impact on the Land Bank's negotiating position
with one or more third parties. The Commission will not reconvene in open session at the
conclusion of executive session.
1. Approval of Executive Session Minutes
2. Real Estate Acquisition
ADJOURNMENT
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•
OFFICE OF THE GOVERNOR
COMMONWEALTH OF MASSACHUSETTS
17�It
.1.1 / STATE HOUSE• BOSTON, MA 02133
4 = (6i7) 725-4000
i?� ,
CHARLES D. BAKER KARYN E.POLITO
GOVERNOR LIEUTENANT GOVERNOR
ORDER SUSPENDING CERTAIN PROVISIONS
0x+THE OPEN MEETING LAW, G.L.c.30A,§20 1
WHEREAS,on March 10,2020,1,Charles D.Baker,Governor of the Commonwealth
of Massachusetts,acting pursuant to the powers provided by Chapter 639 of the Acts of 1950
and Section 2A of Chapter 17 of the General Laws,declared that there now exists in the
Commonwealth of Massachusetts a state of emergency due to the outbreak of the 2019 novel
Coronavirus("COVID-19"); and
WHEREAS,many important functions of State and Local Government are executed by
"public bodies,"as that term is defined in G. L, c. 30A, § 18,in meetings that are open to the
public,consistent with the requirements of law and sound public policy and in order to ensure
active public engagement with,contribution to,and oversight of the functions of government;
and
WHEREAS,both the Federal Centers for Disease Control and Prevention("CDC")and
the Massachusetts Department of Public Health("DPH")have advised residents to take extra
measures to put distance between themselves and other people to further reduce the risk of being
exposed to COVID-19. Additionally,the CDC and DPI-I have advised high-risk individuals,
including people over the age of 60,anyone with underlying health conditions or a weakened
immune system,and pregnant women,to avoid large gatherings.
WHEREAS,sections 7,8,and 8A of Chapter 639 of the Acts of 1950 authorize the
Governor,during the effective period of a declared emergency,to exercise authority over public
assemblages as necessary to protect the health and safety of persons;and
WHEREAS,low-cost telephone,social media,and other interet-based technologies are
currently available that will permit the convening of a public body through virtual means and
allow real-time public access to the activities of the public body;and
WHEREAS section 20 of chapter 30A and implementing regulations issued by the
Attorney General currently authorize remote participation by members of a public body,subject
to certain limitations;
•
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NOW T11 .REFORE,I hereby order the following:
(1) A public body,as defused in section 18 of chapter 30A of the General Laws,is
hereby relieved from the requirement of section 20 of chapter 30A that it conduct its meetings in
a public place that is open and physically accessible to the public,provided that the public body
makes provision to ensure public access to the deliberations of the public body for interested
members of the public through adequate,alternative means. F f
Adequate, alternative means of public access shall mean measures that provide
transparency and permit timely and effective public access to the deliberations of the public
body, Such means may include,without limitation,providing public access through telephone, s
internet,or satellite enabled audio or video conferencing or any other technology that enables the
public to clearly follow the proceedings of the public body while those activities are occurring.
Where allowance for active,real-time participation by members of the public is a specific
requirement of a general or special law or regulation,or a local ordinance or by-law,pursuant to
which the proceeding is conducted,any alternative means of public access must provide for such
participation.
A municipal public body that for reasons of economic hardship and despite best efforts is
unable to provide alternative means of public access that will enable the public to follow the
proceedings of the municipal public body as those activities are occurring in real time may
instead post on its municipal website a full and complete transcript,recording,or other
comprehensive record of the proceedings as soon as practicable upon conclusion of the
proceedings. This paragraph shall not apply to proceedings that are conducted pursuant to a l
general or special law or regulation,or a local ordinance or by-law,that requires allowance for
active participation by members of the public.
A public body must offer its selected alternative means of access to its proceedings
without subscription,toll,or similar charge to the public.
(2) Public bodies are hereby authorized to allow remote participation by all members in f
any meeting of the public body. The requirement that a quorum of the body and the chair be
physically present at a specified meeting location,as provided in G.L. c,30A, §20(d)and in
940 CMR 29.10(4)(b),is hereby suspended.
i
(3) A public body that elects to conduct its proceedings under the relief provided in
sections(1)or(2)above shall ensure that any party entitled or required to appear before it shall ,
be able to do so through remote means,as if the patty were a member of the public body and s
participating remotely as provided in section(2),
(4) All other provisions of sections 18 to 25 of chapter 30A and the Attorney General's
implementing regulations shall otherwise remain unchanged and fully applicable to the activities
of public bodies.
k
This Order is effective immediately and shall remain in effect until rescinded or until the
State of Emergency is terminated,whichever happens first,
Given in Boston ad',10M this 12th day of
March,two thousand and twenty.
•
CHARLES D.BAKER
GOVERNOR
• Commonwealth of Massachusetts
•
MINUTES
Nantucket Land Bank Commission
Regular Meeting of January 26, 2021
Remote Meeting Via Zoom
The meeting took place via remote participation via Zoom pursuant to Governor Baker's March 12.
2020 Order regarding the Open Meeting Law (attached).
CALL TO ORDER: 4:00 p.m.
PRESENT: Mark Donato, Kristina Jelleme,Neil Paterson, Allen Reinhard, John Stackpole.
STAFF PRESENT: Eric Savetsky, Executive Director; Susan Campese, Administrator/Finance
Manager; Marian Wilson;Assistant Administrator; Rachael Freeman, Environmental Coordinator.
Miacomet Golf Course ("MGC") General Manager, Alan Costa; MGC Director of Agronomy,
Sean Oberly; and Inquirer and Mirror Reporter, Brian Bushard were also present at call to order.
I. CONVENE IN OPEN SESSION: A motion was made by Commissioner Reinhard and duly
seconded by Commissioner Stackpole to waive the reading of the Remote Meeting Instructions. A
roll call vote was taken on the motion: Mark Donato-Aye; Kristina Jelleme-Aye; Neil Paterson-
Aye; Allen Reinhard-Aye; John Stackpole-Aye.
A. CITIZEN BUSINESS/ANNOUNCEMENTS: Mr. Savetsky stated that the Nantucket
Coastal Resilience Plan Community Open House will be Thursday January 28, 2021 at 5:30 pm, and
Ms. Bell would send them additional information electronically.
B. GOLF BUSINESS:
1. Sconset Golf Course ("SGC") —Manager's Monthly Review: The Commission
reviewed the balance sheet and profit and loss comparisons for December 2020.
2. Miacomet Golf Course ("MGC")—Manager's Monthly Review: The Commission
reviewed the balance sheet and profit and loss comparison for December 2020, as well as the check
register and departmental profit and loss summary for December 2020. Mr. Costa noted that MGC
had a terrific year despite the COVID-19 shutdown and the restaurant showed a profit for the first
time in years. Mr. Costa reviewed photographs of clubhouse construction projects which included
preparing the basement area for the golf simulators installation and the outdoor dining patio heater
and screen installations.
Mr. Costa and Mr. Oberly departed the meeting at 4:19 p.m.
C. PROPERTY MANAGEMENT:
1. 15 Commercial Wharf House Removal—Execution of Intermunicipal Agreement:
Land Bank Commission Page 2
January 26, 2021
Mr. Savetsky reported that an agreement had been drawn up memorializing the terms of the Land
Bank's donation of the building located at 15 Commercial Wharf to the Affordable Housing Trust
(AHT). The agreement calls for the building to be repurposed for affordable housing initiatives and
provides that the Land Bank will give the AHT grant funding based on the estimated cost of the
moving contractor($86,479.20). A motion was made by Commissioner Reinhard and duly
seconded by Commissioner Stackpole to approve the execution of the Intermunicipal Agreement
subject to the insertion of language specifying a move deadline of June 15, 2021. A roll call vote
was taken on the motion: Mark Donato-Aye; Kristina Jelleme-Aye; Neil Paterson-Aye; Allen
Reinhard-Aye; John Stackpole-Aye.
2. Projects Planning/Permitting—Updates: Ms. Freeman displayed a list of projects
involving significant environmental aspects that are currently in the design phase. She asked the
Commissioners to prioritize projects in order of importance. This infolniation would then be
combined to help her prioritize where to spend her planning and permitting energy. It also would
aid in the prioritization of projects in the 2021 Field Crew workplan. Mr. Savetsky indicated that
several items on the project list could also be subbed out to outside surveyors to expedite planning.
D. APPROVAL OF MINUTES: A motion was made by Commissioner Stackpole and duly
seconded by Commissioner Reinhard to accept, approve, and release the regular session minutes of
January 12, 2021, as written. A roll call vote was taken on the motion: Mark Donato-Aye; Kristina
Jelleme-Aye; Neil Paterson-Aye; Allen Reinhard-Aye; John Stackpole-Aye.
E. TRANSFER BUSINESS:
1. "M" Exemption Update:
a. Five-Year Domicile and Ownership Compliance—Release of Liens: A
motion was made by Commissioner Reinhard and duly seconded by Commissioner Jelleme to
authorize the issuance of Releases of Liens for the following transfers as a result of the purchasers
fulfilling all of the requirements of Section 12, subsection (-m-):
No. 37101 Gongming Yang and Yeping Zhu
No. 37112 William R. Nogueira and Charlene Nogueira
No. 37113 Nicholas Nass
No. 37124 Donna Barnett and Simon Shurey
No. 37135 Regina A. Jorgenson
A roll call vote was taken on the motion: Mark Donato-Aye; Kristina Jelleme-Aye; Neil Paterson-Aye;
Allen Reinhard-Aye; John Stackpole-Aye.
F. FINANCIAL BUSINESS:
1. Monthly Financial Report: The Commission accepted the December 31, 2020
financial report including the balance sheet and income statement previously provided by email.
Ms. Campese informed the commission that the Land Bank had very good month and the purchase
Land Bank Commission Page 3
January 26, 2021
of the Green property located at 271 Polpis Road closed during December as well.
2. Warrant Authorization—Cash Disbursements: A motion was made by
Commissioner Reinhard and duly seconded by Commissioner Jelleme to execute the January 26,
2021 warrant document in the amount of$41,977.55 to be provided to the county treasurer. A roll
call vote was taken on the motion: Mark Donato-Aye; Kristina Jelleme-Aye; Neil Paterson-
Aye; Allen Reinhard-Aye; John Stackpole-Aye.
3. Warrant Authorization—2012 Series A Semi-Annual Bond Payment: A motion
was made by Commissioner Stackpole and duly seconded by Commissioner Reinhard to approve
payment and authorize staff to wire the 2012 Series A semi-annual bond payment of interest and
principal in the total amount of$325,556.25 from the Land Bank's Collection Account to the Bond
Trustee at U.S. Bank. A roll call vote was taken on the motion: Mark Donato-Aye; Kristina Jelleme-
Aye; Neil Paterson-Aye; Allen Reinhard-Aye; John Stackpole-Aye.
G. REGULAR BUSINESS:
1. Community Outreach— Update: Mr. Savestky infouned the Commission that the
Land Bank planned to hire a public relations film, the Dewey Square Group, to provide tools and
guidance to the staff to increase public awareness and promote the many projects and positive ways
that the Land Bank benefits the community. He stated that the six-month contract would cost
$60,000. A motion was made by Commissioner Stackpole and duly seconded by Commissioner
Reinhard to approve payment and authorize staff to hire the Dewey Square Group as proposed. A
roll call vote was taken on the motion: Mark Donato-Aye; Kristina Jelleme-Aye; Neil Paterson-
Aye; Allen Reinhard-Aye; John Stackpole-Aye.
2. Coast to Coast Trail Parking/Hoicks Hollow Road—Town License Agreement: Mr.
Savetsky reviewed a license agreement Ms. Bell had worked with Town counsel on between the
County of Nantucket and Nantucket Islands Land Bank to utilize the easement area for public
parking at the end of Hoicks Hollow Road as the starting point for the Coast-to-Coast Trail. A
motion was made by Commissioner Stackpole and duly seconded by Commissioner Jelleme to
approve and authorize staff to execute the licensing agreement as written. A roll call vote was taken
on the motion: Mark Donato-Aye; Kristina Jelleme-Aye; Neil Paterson-Aye; Allen Reinhard-Aye;
John Stackpole-Aye.
3. Deer/Tick Study Aerial Survey—Funding Participation Request: Ms. Freeman
presented a request to partially fund the costs of aerial surveys on Tuckernuck and Nantucket for a
tick and tick borne diseases study. The Nantucket Conservation Foundation had pledged $5,000 in
support and Linda Loring Foundation had also been contacted. A motion was made by
Commissioner Jelleme and duly seconded by Commissioner Reinhard to approve the request and
commit $5,000 to the organization conducting the study. A roll call vote was taken on the motion:
Mark Donato-Aye; Kristina Jelleme-Aye; Neil Paterson-Aye; Allen Reinhard-Aye; John Stackpole-
Aye.
Mr. Bushard departed the meeting at 4:54 p.m.
Land Bank Commission Page 4
January 26, 2021
II. EXECUTIVE SESSION: A motion was made by Commissioner Donato and duly seconded by
Commissioner Stackpole to go into executive session in order to discuss the purchase, exchange,
lease or value of real property and review and approve executive session minutes. A roll call vote
was taken on the motion: Mark Donato-Aye; Kristina Jelleme-Aye; Neil Paterson-Aye; Allen
Reinhard-Aye. The Chairman declared under Purpose 6 [G.L. c. 30A, 21(a)(6)]. The Chairman
further announced that the Commission would not reconvene in regular session at the conclusion of
executive session.
ADJOURNMENT: Upon a motion made by Commissioner Reinhard and duly seconded by
Commissioner Stackpole, it was VOTED to adjourn at 6:02 p.m.
Attested to: X-1/1 `Markry
Accepted, Approved, and Released by the VOTE
of the Commission this 9th day of February 2021.
Neil Paterson, Chairman
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DOCUMENTS AND EXHIBITS
Nantucket Land Bank Commission
Regular Meeting of January 26,2021
1. Sconset Golf Course—Financial Reports December 2020
2. Miacomet Golf Course—Financial Reports December 2020
3. MGC construction photographs
4. Intermunicipal Agreement for 15 Commercial Wharf House Removal
5. RF Project Items List
6. "M" Releases of Liens (see transfer business for record nos.)
7. Land Bank Financial Statements—December 2020
8. Check Warrant Summary dated January 26,2021
9. 2012A Series Bond Semi-Annual Bond Warrant dated January 26,2021
10. Licensing Agreement for Hoicks Hollow Rd. Easement
TRANSFER BUSINESS
Nantucket Land Bank Commission
Regular Meeting of January 26, 2021
1. "M" Exemption Update:
a. Five-Year Domicile and Ownership Compliance—Releases of Liens:
No. 37101 Gongming Yang and Yeping Zhu
No. 37112 William R. Nogueira and Charlene Nogueira
No. 37113 Nicholas Nass
No. 37124 Donna Barnett and Simon Shurey
No. 37135 Regina A. Jorgenson