HomeMy WebLinkAbout2020-9-22 AGENDA NttNTUCK
Nantucket Land Bank Commission TO WN CLERK
Regular Meeting of September 22, 2020
Remote Participation via Zoom (see below*) 2020 OCT 22 PM 3: 10
CALL TO ORDER: 4:00 P.M.
A. CONVENE IN OPEN SESSION
1. PUBLIC COMMENT/ STAFF ANNOUNCEMENTS
2. GOLF BUSINESS
a. Sconset Golf Course—Manager's Monthly Review
b. Miacomet Golf Course—Manager's Monthly Review
c. Warrant Authorization— Golf Capital Funds Transfer Request
d. Warrant Authorization—Miacomet Golf Course Clubhouse
e. Warrant Authorization—Miacomet Golf Course Employee Housing Facility
3. PROPERTY MANAGEMENT
a. Sanford Meadows—DPW Bike Path Relocation Request
b. Frank Daily's Dogs—Request to Modify Ban from Land Bank Properties
4. APPROVAL OF MINUTES
a. Regular Meeting of September 9, 2020
5. TRANSFER BUSINESS
a. "M"Exemptions Update—Release of Liens
6. FINANCIAL BUSINESS
a. Monthly Financial Report—August
b. Warrant Authorization— Cash Disbursement
7. REGULAR BUSINESS
a. Request to Hold Conservation Restriction—Fairgrounds Road
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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I
4 OFFICE OF THE GOVERNOR
�'��- _ COMMONWEALTH OF MASSACHUSETTS
§=V_I- 'N i STATE House BOSTON, MA 02133
_ (617) 725-4000
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CHARLES D.BAKER
KARYN E,POLITO
GOVERNOR LIEUTENANT GOVERNOR
ORDER SUSPENDING CERTAIN PROVISIONS
OF THE OY'EN MEETING LAWS G.L.c.30A,§20
WHEREAS,on March 10,2020,I,Charles D,Baker,Governor of the Commonwealth 1
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,e.30A,§ 18,in meetings that are open to the
public,consistent with the requirements of law and sound public pokey and in order to ensure
active public engagement with,contribution to,and oversight of the functions of government
and I '
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 i
measures to put distance between themselves and other people to further reduce the risk of being 1
exposed to COV1D-19. Additionally,the CDC and DPH have advised high-risk individuals, I
including people over the age of 60,anyone with underlying health conditions or a weakened i
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
, I
WHEREAS,low cost telephone,social media,and other inteinet 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 I
Attorney General currently authorize remote participation by members of a public body,subject
to certain limitations;
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,23)(}rn.n 6d 14CKtta PMt F
V/ I
NOW T1xtREl?Olu,I hereby order the following:
(1) A public body,as defined In section 18 of chapter 30A of theGeneral 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.
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,
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,reakime 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
general or special law or regulation,or a local ordinance or by-law,that requires allowance for
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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 t
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.
(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 party were a member of the public body and
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.
This Order is effective Immediately and shall remain In effect until rescinded or until the
State of lantergeney is terminated,whichever happens first,
1 �
Given in Boston at l; I M this 12th day of
March,two thousand and twenty.
C140—
CHARLES D.BAKER
GOVERNOR
• Commonwealth of Massachusetts
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Land Bank Commission
Page 2
September 22, 2020
Management, Inc. from the Golf Capital Reserve account. A roll call vote was taken on the motion:
Mark Donato-Aye; Kristina Jelleme-Aye; Neil Paterson-Aye; Allen Reinhard-Aye; John Stackpole-
Aye.
4. Warrant Authorization—Miacomet Golf Course Clubhouse Requisition: A motion
was made by Commissioner Reinhard and duly seconded by Commissioner Stackpole to execute
the September 22, 2020 warrant document in the amount of$22,006.99 to be provided to the county
treasurer and directed the Land Bank staff to hold the $19,900.99 check payment to Kittredge
Equipment Co., Inc. until all MGC clubhouse kitchen work has been finalized and approved by Mr.
Costa. A roll call vote was taken on the motion: Mark Donato-Aye; Kristina Jelleme-Aye; Neil
Paterson-Aye; Allen Reinhard-Aye; John Stackpole-Aye.
5. Warrant Authorization — Miacomet Golf Course Employee Housing Facility: A
motion was made by Commissioner Jelleme and duly seconded by Commissioner Reinhard to
execute the September 22, 2020 warrant document in the amount of$3,372.35 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.
Mr. Costa and Mr. Oberly departed the meeting at 4:40 p.m.
C. PROPERTY MANAGEMENT:
1. Sanford Meadows — DPW Bike Path Relocation Request: Town of Nantucket
Director of Public Works, Robert McNeil, requested that a portion of the Madaket Road bike path
be relocated onto the Sanford Meadows property to alleviate a safety issue where the Cliff Road
bike path connector crosses over to the Madaket path. The Town of Nantucket would cover all costs
for the project. Further, Mr. Savetsky confirmed that he and Rachael Freeman had visited the site
and reviewed the request. They agreed that moving the bike path would have a minimal impact on
the existing Land Bank property and enhance the safety of bikers crossing over Madaket Road. A
motion was made by Commissioner Stackpole and duly seconded by Commissioner Reinhard to
approve the request. 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. Frank Daily's Dogs — Request to Modify Ban from Land Bank Properties: Mr.
Savetsky reviewed an email request from Frank Daily to reconsider the lifetime ban in place on his
dogs from all Land Bank properties. Furthermore, Mr. Daily included a letter from the Select Board
dated July 23, 2020 which recapped the July 1, 2020 Nuisance and Dangerous Dog Hearing Orders
as amended by the Select Board to allow Mr. Daily and his dogs back onto town properties with
restrictions in place. Discussion followed and a motion was made by Commissioner Reinhard and
duly seconded by Commissioner Jelleme to deny the request to lift the ban. A roll call vote was
taken on the motion: Mark Donato-Nay; Kristina Jelleme-Nay; Neil Paterson-Nay; Allen Reinhard-
Nay; John Stackpole-Nay.
D. APPROVAL OF MINUTES: A motion was made by Commissioner Reinhard and duly
seconded by Commissioner Stackpole to accept, approve, and release the regular session minutes of
September 9, 2020, as written. A roll call vote was taken on the motion: Mark Donato-Aye; Kristina
Land Bank Commission Page 3
September 22, 2020
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 Stackpole 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. 34485 Shane Cameron Francis Perry
No. 36634 Cassandra Thompson and Natalie Thompson
No. 36645 Juan A. Tejada, Juan A. Pena and Maria Magdalena Alarcon Tejada,
Samuel A. Paz
No. 36670 Carlos Nolasco and Claribel Del Carmen Ramirez
No. 36678 August Libby and Jason Libby
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 August 2020 financial
report including the balance sheet and income statement previously provided by email.
2. Warrant Authorization—Cash Disbursements: A motion was made by
Commissioner Stackpole and duly seconded by Commissioner Reinhard to execute the September
22, 2020 warrant document in the amount of$52,646.29 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.
G. REGULAR BUSINESS:
1. Request to Hold Conservation Restriction- Fairgrounds Road: Mr. Savetsky
presented a plan for a flex development located at 31 Fairgrounds Road. The developer, William
Cassidy, was requesting that the Land Bank hold a required conservation restriction("CR") for the
green space in front and back of the property. The holding of the CR would require an initial
baseline report and annual inspections of the property. Commissioner Jelleme inquired as to the
other organizations who had been contacted and associated costs with holding the restriction.
Chairman Paterson inquired if the expenses associated with holding the restriction could be paid by
the developer. The Commission was generally receptive to the idea as the CR would allow public
access to the property, thereby facilitating additional public park space. Mr. Savetsky indicated he
would begin reviewing the draft CR and bring back more details at a future meeting.
Land Bank Commission Page 4
September 22, 2020
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; John Stackpole-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 Glidden, it was VOTED to adjourn at 5:53 p.m.
Attested to: / /
Mark Donato, Secre ry W
Accepted, Approved, and Released by the VOTE
of the Commission this 13th day of October 2020.
Neil Paterson, Chairman
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DOCUMENTS AND EXHIBITS
Nantucket Land Bank Commission
Regular Meeting of September 22, 2020
1. Sconset Golf Course—Financial Reports August 2020
2. Miacomet Golf Course—Financial Reports August 2020
3. MGC Warrant- Golf Capital Funds Request
4. MGC Warrant-Clubhouse Requisition
5. MGC Warrant—MEASHF
6. "M"Release of Lien (see transfer business for record no.)
7. NLB Financial Reports—August 2020
8. Check Warrant Summary dated September 22, 2020
9. Sanford Farms Bike Path Plan
10. 31 Fairgrounds Site Plan—CR Request
11. Letter—Frank Daily Dogs Request NLB properties.
TRANSFER BUSINESS
Nantucket Land Bank Commission
Regular Meeting of September 22, 2020
1. "M" Exemption Update:
a. Five-Year Domicile and Ownership Compliance—Releases of Liens:
No. 34485 Shane Cameron Francis Perry
No. 36634 Cassandra Thompson and Natalie Thompson
No. 36645 Juan A. Tejada, Juan A. Pena and Maria Magdalena Alarcon Tejada,
Samuel A. Paz
No. 36670 Carlos Nolasco and Claribel Del Carmen Ramirez
No. 36678 August Libby and Jason Libby
MINUTES
Nantucket Land Bank Commission
Regular Meeting of September 22, 2020
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; Jesse Bell, Assistant Director; Susan
Campese, Administrator/Finance Manager; Marian Wilson, Assistant Administrator; Rachael
Freeman, Environmental Coordinator.
Miacomet Golf Course ("MGC") General Manager, Alan Costa, and MGC Director of Agronomy,
Sean Oberly were also present at call to order.
I. CONVENE IN OPEN SESSION:
A. CITIZEN BUSINESS/ANNOUNCEMENTS: None.
B. GOLF BUSINESS:
1. Sconset Golf Course—Manager's Monthly Review: The Commission reviewed
the balance sheet and profit and loss comparisons for August 31, 2020, as well as the check register
and profit and loss statement by department. Mr. Costa reported that the course was very busy, and
he expected to be well above the projected net income for the year. Mr. Oberly said that the last day
of seasonal play would be October 12, 2020.
2. Miacomet Golf Course ("MGC")—Manager'.s Monthly Review: The Commission
reviewed the balance sheet and profit and loss comparisons for August 31, 2020, as well as the
check register and profit and loss statement by department. Mr. Costa stated the course was
extremely busy as was the restaurant despite the capacity limitations due to COVID-19. Mr. Oberly
announced that Miacomet Golf Course was recertified by Audubon International based on the
following criteria: Environmental Planning, Wildlife and Habitat Management, Chemical Use
Reduction and Safety, Water Conservation, Water Quality Management and Outreach and
Education. This Audubon Cooperative Sanctuary Program for Golf Courses (ACSP) distinction is
shared by fourteen other courses in Massachusetts and only 900 worldwide.
3. Warrant Authorization—Golf Capital Funds Transfer Request: A motion was
made by Commissioner Stackpole and duly seconded by Commissioner Reinhard to execute the
September 22, 2020 warrant document in the amount of$9,121.51 to be provided to Nantucket Golf