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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 .f.,4", A. CONVENE IN OPEN SESSION rn G 1. PUBLIC COMMENT/ STAFF ANNOUNCEMENTS r' -• 0'1-7,-, 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 * Join Zoom Meeting https://zoom.us/j/99823825483?pwd=NkNNTzZaT1RCOWJnSzNHTXhnNXZ5Zz09 Meeting ID: 998 2382 5483 Passcode: 061255 One tap mobile +16465588656„99823825483#,,,,*061255# US (New York) +13017158592„99823825483#,,,,*061255# US(Washington D.C) Dial by your location +1 646 558 8656 US (New York) +1 301 715 8592 US (Washington D.C) +1312 626 6799 US (Chicago) +1 669 900 9128 US (San Jose) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) Meeting ID: 998 2382 5483 Passcode: 061255 Find your local number: https://zoom.us/u/alcT9XBik • 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; • ®f'fv.Yl.0 Oil titittt0♦u,, 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. 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"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