HomeMy WebLinkAbout2020-6-9 AGENDA
Nantucket Land Bank Commission ♦- !TU C K T
Regular Meeting of June 9, 2020 TOIV N C LL R K
Remote Participation via Zoom (see below*)
2020 - I Pt+ 4: 17
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CALL TO ORDER: 4:00 P.M.
A. CONVENE IN OPEN SESSION
1. PUBLIC COMMENT/ STAFF ANNOUNCEMENTS
2. PROPERTY MANAGEMENT
a. Easy Street Park—Project Update
b. Hays Property—Planning Update
c. Beach Management-Update
d. Cisco Beach Vendor Request—Nantucket Island Surf School
e. Cisco Beach Mobile Vendor Request—Nantucket Poke
f. Cisco Beach Mobile Vendor Request—Hang Loose Helado
g. Cisco Beach Mobile Vendor Request—Decker's Dogs
h. Polpis Harbor Road Vendor Request—Next Level Watersports
3. REGULAR BUSINESS
a. 2020 Annual Town Meeting—Update
4. APPROVAL OF MINUTES
a. Regular Meeting of May 19, 2020
6. TRANSFER BUSINESS
a. Current"M" Exemptions
b. Current"0" Exemptions
c. "M" Exemptions Update—Release of Liens
7. FINANCIAL BUSINESS
a. Monthly Transfer Statistics
b. Warrant Authorization—Cash Disbursement
c. Warrant Authorization—Clubhouse Requisition
d. Warrant Authorization—MGC Employee Housing Requisition
e. Warrant Authorization—Easy Street Park (Ratify and Confirm)
f. Warrant Authorization—Refunding 2009 Series A Semi-Annual Bond Payment
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; and for Purpose 3 [G.L. c. 30A, 21(a)(3)], discussions
concerning strategy with respect to ongoing litigation. The Commission will not reconvene in
open session at the conclusion of executive session.
1. Litigation Discussion—Land Court Department Action No. 20MISC000058: The Ceylon
Elves, LLC v. Nantucket Islands Land Bank(3 & 3B Wyer's Way)
2. Approval of Executive Session Minutes
3. Real Estate Acquisition
C. ADJOURNMENT
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OFFICE OF THE GOVERNOR
_ COMMONWEALTH OF MASSACHUSETTS
-t STATE HOUSE• BOSTON, MA 02133
, (617) 725-4000
•
CHARLES D. BAKER KARYN E.POLITO
GOVERNOR LIEUTENANT GOVERNOR
ORDER SUSPENDING CERTAIN PROVISIONS
OF THE OPEN MEETING LAW, G.L. c.30A,§20
WHEREAS,on March 10,2020,I,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 DPH 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 internet-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;
®Pw.EWO Ow Room.PMR
NOW THEREFORE,I hereby order the following:
(1) A public body,as defined 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.
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 i
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,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 i
proceedings. This paragraph shall not apply to proceedings that are conducted pursuant to a f
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. t
(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 i
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). t
r
(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
3
of public bodies. 3
i
This Order is effective immediately and shall remain in effect until rescinded or until the i
State of Emergency is terminated,whichever happens first. i
t
Given in Boston at this this 12th day of
March,two thousand and twenty.
CHARLES D. BAKER
GOVERNOR
Commonwealth of Massachusetts
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1
MINUTES
Nantucket Land Bank Commission
Regular Meeting of June 9, 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: Richard Glidden, 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.
Landscape Architect, Kris Horiuchi, and Architectural Designer, Benjamin Normand, were also
present at call to order.
I. CONVENE IN OPEN SESSION:
A. CITIZEN BUSINESS/ANNOUNCEMENTS: None.
B. PROPERTY MANAGEMENT:
1. Easy Street Park—Project Update: Mr. Savetsky stated that the bulkhead would be
painted and capped and the decking would be finished within the next four weeks and then the plan
was to shut down the project and close off the property for the summer. Brickwork would be
installed next January or February and the landscaping would follow in the spring. Further, Mr.
Savetsky added that upon the completion of the current work,the park would be hydroseeded and
fenced off to the public for safety reasons. A sign would be installed on the fence with information
about the project.
2. Hays Property—Planning Update: Ms. Horiuchi presented a conceptual plan for
the property which included the Town's new Milestone rotary design as well as the Ottison and
Bachman properties. The plan worked with the existing landscape by including meadow area, a
woodland area, and a managed lawn overlooking the creeks waterfront. An ADA compliant trail to
an accessible viewing area was also planned, as well as an entrance for bicycle traffic off the
Orange Street bike path and a separate entrance to the parking area accessible from the Milestone
Road that would accommodate 14 cars. Mr. Savetsky reiterated the importance of keeping the
existing 174 Orange Street driveway leading to the main house for Land Bank maintenance and
emergency vehicle access to the property. Mr. Savetsky also introduced Ben Normand, the architect
who completed the historical research on the main house and other structures for HDC permitting.
Overall, the Commission liked the proposed plan. Commissioner Jelleme inquired about the
Land Bank Commission Page 2
June 9, 2020
possibility of creating more scenic views into the property from the road and asked the design team
to look into a vehicular access to allow people with accessibility issues to reach the view more
easily. Mr. Savetsky commented that the northeastern side of the property was a valley which
potentially could open up some glimpses of views to the harbor. Ms. Horiuchi thanked the
Commission for their feedback and confirmed that she would continue to move forward finetuning
the conceptual plan as discussed.
Mr. Reinhard departed the meeting at 4:15 p.m.
Ms. Horiuchi and Mr. Normand departed the meeting at 4:30 p.m.
3. Beach Management- Update: Mr. Savetsky informed the Commission about the
Town's strategy with regard to beach management this summer in light of COVID-19. Beachgoers
would be required to adhere to state and local guidelines regarding social distancing,which
included 12 feet between toweling and shutting down vehicle access when capacity was reached.
Mr. Savetsky said the Land Bank was not planning to have an employee stationed at the beaches all
day to ensure they were being followed, and therefore the plan was to post a lot of signage and hope
for voluntary compliance.
4. Cisco Beach Vendor Request—Nantucket Island Surf School: Upon a motion
made by Commissioner Stackpole and duly seconded by Commissioner Glidden, it was VOTED to
approve Nantucketlkland Surf School's request previously reviewed by email and recommended by
staff, as long as Mr. Kohner remained compliant with all current and future COVID-19 guidelines.
A roll call vote was taken on the motion: Richard Glidden-Aye;Kristina Jelleme-Aye;Neil
Paterson-Aye; John Stackpole-Aye.
5. Cisco Beach Mobile Vendor Request—Nantucket Poke; Hang Loose Helado;
Decker's Dogs: Chairman Paterson referenced Ms. Bell's email to the Commission which provided
staff recommendations for each of the Cisco Beach vending requests and inquired if there were any
concerns or comments. Upon a motion made by Commissioner Stackpole and duly seconded by
Commissioner Glidden, it was unanimously VOTED to approve these three requests subject to
details being worked out with staff and compliance with applicable state and local COVID-19
guidelines in addition to the payment of the seasonal fee of$250. A roll call vote was taken on the
motion: Richard Glidden-Aye; Kristina Jelleme-Aye;Neil Paterson-Aye; John Stackpole-Aye.
6. Polpis Harbor Road Vendor Request—Next Level Watersports: Commissioner
Jelleme recused herselffrom this discussion and vote. Ms. Bell reviewed a proposal from Next
Level Sports to utilize three parking spaces daily at the Polpis Harbor parking lot for their staff to
access the harbor where they have five boats anchored for commercial activity. Upon a motion
made by Commissioner Stackpole and duly seconded by Commissioner Glidden, it was
unanimously VOTED to deny the requests as recommended by staff due to the limited parking on
the property. A roll call vote was taken on the motion: Richard Glidden-Aye;Neil Paterson-Aye;
John Stackpole-Aye.
Land Bank Commission Page 3
June 9, 2020
C. REGULAR BUSINESS:
1. 2020 Annual Town Meeting—Update: Ms. Bell stated that the Annual Town
Meeting Warrant had been reduced significantly due to COVID-19 guidelines and the ATM would
now take place on June 25th, 2020 at the Nantucket High School. Due to the reduced warrant
articles, the Land Bank articles for the full faith and backing for future bonding and the expansion
of sewer to include the Larrabee property were expected to be postponed to the special town
meeting in the fall.
D. APPROVAL OF MINUTES: A motion was made by Commissioner Glidden and duly
seconded by Commissioner Stackpole to accept, approve, and release the regular session minutes of
May 19, 2020, as written. A roll call vote was taken on the motion: Richard Glidden-Aye; Kristina
Jelleme-Aye;Neil Paterson-Aye; John Stackpole-Aye.
E. TRANSFER BUSINESS:
1. May 2020 Transfers—Record Nos. 41670 through 41706: The Commission reviewed
transfers for the period of May 1, 2020 through May 31, 2020.
a. Current"M"Exemptions and Liens: The Commission authorized the placing of
liens against the following properties as a result of the purchasers claiming the"M" exemption as first-
time buyers of real property:
No. 41675 Changying Sun and Huizhen Xu
No. 41683 David A. Lemberg and Patricia A. Lahiff
No. 41702 Jacob Gardner Williams and Alice Beatty Townsend-Williams
b. Current"0"Exemptions and Liens: The Commission authorized the
placing of a lien against the following property as a result of the purchaser claiming the "0"
exemption as part of a deed-restricted affordable housing program:
No. 41697 Andrew J. Mulcahy
3. "M"Exemption Update:
a. Five-Year Domicile and Ownership Compliance—Release of Liens: A
motion was made by Commissioner Glidden and duly seconded by Commissioner Jelleme to ratify
and confirm the prior action of authorizing 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. 36301 William Patrick Norris
No. 36308 Tigran Baghdasaryan
No. 36338 Allyson E.S. Bold and David M. Bold
A roll call vote was taken on the motion: Richard Glidden-Aye; Kristina Jelleme-Aye;Neil
Land Bank Commission Page 4
June 9, 2020
Paterson-Aye; John Stackpole-Aye.
F. FINANCIAL BUSINESS:
1. Monthly Transfer Statistics: Monthly transfer statistics reports comparing fiscal
years 2019 and 2020 through May 2020 were presented.
2. Warrant Authorization—Cash Disbursements: A motion was made by
Commissioner Stackpole and duly seconded by Commissioner Glidden to execute the June 9, 2020
warrant document in the amount of$279,597.49 to be provided to the county treasurer. A roll call
vote was taken on the motion: Richard Glidden-Aye; Kristina Jelleme-Aye;Neil Paterson-Aye;
John Stackpole-Aye.
3. Warrant Authorization—Clubhouse Requisition: A motion was made by
Commissioner Glidden and duly seconded by Commissioner Stackpole to execute the June 9, 2020
warrant document in the amount of$140,457.13 to be provided to the county treasurer. A roll call
vote was taken on the motion: Richard Glidden-Aye; Kristina Jelleme-Aye;Neil Paterson-Aye;
John Stackpole-Aye.
4. Warrant Authorization -Miacomet Golf Course Employee Housing Facility: Upon
a motion made by Commissioner Glidden and duly seconded by Commissioner Stackpole, it was
unanimously VOTED to execute the June 9, 2020 warrant document in the amount of$399,968.55
to be provided to the county treasurer. A roll call vote was taken on the motion: Richard Glidden-
Aye; Kristina Jelleme-Aye;Neil Paterson-Aye; John Stackpole-Aye.
5. Warrant Authorization—Easy Street Park for May 21, 2020: A motion was made
by Commissioner Stackpole and duly seconded by Commissioner Glidden to ratify and confirm the
prior action of executing the following warrant document in the amount of$294,505.70 to be
provided to the county treasurer: A roll call vote was taken on the motion: Richard Glidden-Aye;
Kristina Jelleme-Aye;Neil Paterson-Aye; John Stackpole-Aye.
6. Warrant Authorization—2009 Series A Bond Semi-Annual Payment: Upon a
motion made by Commissioner Stackpole and duly seconded by Commissioner Reinhard, it was
VOTED to approve payment and authorize staff to wire the 2009 Series A semi-annual bond
payment of interest and principal in the total amount of$389,528.75 from the Land Bank's
Collection Account to the Bond Trustee at U.S. Bank. A roll call vote was taken on the motion:
Richard Glidden-Aye; Kristina Jelleme-Aye; Neil Paterson-Aye; John Stackpole-Aye
Chairman Paterson commended Commissioner Glidden for his 5 years of dedicated service on the
Land Bank Commission, as did Commissioner Stackpole and Commissioner Jelleme and staff.
Commissioner Glidden appreciated the kind words and remarked that it had been a great experience
for him as well.
II. EXECUTIVE SESSION: A motion was made by Commissioner Glidden and duly seconded by
Commissioner Jelleme to go into executive session in order to discuss the purchase, exchange, lease
Land Bank Commission Page 5
June 9, 2020
or value of real property and review and approve executive session minutes. A roll call vote was
taken on the motion: Richard Glidden-Aye; Kristina Jelleme-Aye;Neil Paterson-Aye; John
Stackpole-Aye. The Chairman declared under Purpose 6 [G.L. c. 30A, 21(a)(6)] and Purpose 3
[G.L. c. 30A, 21(a)(3)] that discussion of these matters in open session may be detrimental to the
Land Bank's negotiating position as well as strategy with respect to ongoing litigation. 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 4:50 p.m.
C
Attested to: c--(710•41 ,
"Po a}o , Secretary
Accepted, Approved, and Released by the VOTE
of the Commission this 23rd day of June 2020.
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FY19 Total Exempt Taxable Total Gross Gross Revenue
Month Transfers Transfers Transfers Value Value Taxable Received
Jul-18 80 50 30 $80,896,878 $78,396,878 $1,567,938
Aug-18 77 45 32 $48,618,521 $46,802,521 $946,902
Sep-18 84 26 58 $119,633,412 $118,343,412 $2,371,535
Oct-18 101 35 66 $212,485,401 $207,882,401 $4,167,648
Nov-18 119 48 71 $158,226,115 $153,331,115 $3,085,622
Dec-18 94 51 43 $93,258,434 $89,800,934 $1,796,019
Jan-19 77 36 41 _ $73,129,224 $70,296,724 $1,405,934
Feb-19 55 32 23 $33,375,816 $31,585,094 $631,702
Mar-19 75 43 32 _ $51,027,881 $47,441,881 $948,838
Apr-19 72 42 _ 30 $94,747,898 $91,479,627 $1,866,725
May-19 86 45 41 $82,825,845 $80,412,845 $1,608,257
Jun-19 70 42 28 $82,330,500 $71,590,500 $1,438,810
THRUMAY19 920 453 467 $1,048,225,424 $1,015,773,431 $20,397,120
Average 83 41 41 $94,212,994 $90,613,661 $1,819,661
Low 55 26 23 $33,375,816 $31,585,094 $631,702
High 119 51 71 $212,485,401 $207,882,401 $4,167,648
l B.1 n f .117 ,!,:F , - a r C r '
FY20 Total Exempt Taxable Total Gross Gross Revenue
Month Transfers Transfers Transfers Value Value Taxable Received
Jul-19 89 56 33 $94,955,156 $89,775,156 $1,796,308
Aug-19 99 46 53 $106,405,471 $102,684,583 $2,063,692
Sep-19 93 48 45 $80,267,845 $77,392,845 $1,549,917
Oct-19 109 49 60 $139,977,450 $137,527,117 $2,759,542
Nov-19 99 51 48 $110,400,753 $107,270,753 $2,145,415
Dec-19 112 71 41 $104,991,606 $88,127,806 $1,772,556
Jan-20 89 47 42 $109,790,691 $101,405,024 $2,028,080
Feb-20 64 43 21 $41,203,812 $39,403,812 $788,096
Mar-20 50 31 19 $36,463,714 $34,508,714 $690,174
Apr-20 49 27 22 $45,321,960 $43,866,510 $877,330
May-20 36 18 18 $57,099,813 $55,087,313 $1,111,746
Jun-20
THRU MAY20 889 487 402 $926,878,271 $877,049,633 $17,582,858
Average 81 44 37 $84,261,661 $79,731,785 $1,598,442
Low 36 18 18 $36,463,714 $34,508,714 $690,174
High 112 71 60 $139,977,450 $137,527,117 $2,759,542
MONTHLY(UNAUDITED)
DOCUMENTS AND EXHIBITS
Nantucket Land Bank Commission
Regular Meeting of June 9, 2020
1. Remote Meeting Guidelines
2. The Creeks Aerial/GIS Map—Master Conceptual Plan Horiuchi Design
3. 2 Milestone Rd/TON DPW Rotary plan
4. 174 Orange St/Hays Aerial/GIS Map
5. 174 Orange St/HaysLandscape Plan
6. Beach Vendor Staff Recommendations
7. Email letter from Gary Kohner Nantucket Surf School Vending Request
8. Letter from Chris Getoor-Hang Loose Frozen Treats Business Plan-Cisco Beach
9. Email Letter from Devon Wright—Nantucket Poke Mobile Vending Request
10. Next Level Watersports Operating Proposal for Polpis Harbor
11. Monthly Transfer Report—May 2020
12. Calendar and Fiscal Year Transfer Statistics and Graphs - May 2020
13. Land Bank Financial Statements—May 2020
14. "M"Exemptions and Notice of Liens(see transfer business for record nos.)
15. "0"Exemptions and Notice of Liens(see transfer business for record nos.)
16. "M"Release of Lien (see transfer business for record no.)
17. Check Warrant Summaries dated June 9, 2020
18. Check Warrant Summary dated June 9,2020-Clubhouse
19. Check Warrant Summary dated May 21, 2020
TRANSFER BUSINESS
Nantucket Land Bank Commission
Regular Meeting of June 9, 2020
1. May 2020 Transfers—Record Nos. 41670 through 41706
a. Current"M" Exemptions and Liens:
No. 41675 Changying Sun and Huizhen Xu
No. 41683 David A. Lemberg and Patricia A. Lahiff
No. 41702 Jacob Gardner Williams and Alice Beatty Townsend-Williams
b. Current"0" Exemptions and Liens:
No. 41697 Andrew J. Mulcahy
2. "M" Exemption Update:
a. Five-Year Domicile and Ownership Compliance—Releases of Liens:
No. 36301 William Patrick Norris
No. 36308 Tigran Baghdasaryan
No. 36338 Allyson E.S. Bold and David M. Bold