HomeMy WebLinkAbout2020-7-14 (2) AGENDA
Nantucket Land Bank Commission
Regular Meeting of July 14, 2020
Remote Participation via Zoom (see below*)
CALL TO ORDER: 4:00 P.M.
A. CONVENE IN OPEN SESSION
1. PUBLIC COMMENT/ STAFF ANNOUNCEMENTS ,17 gar
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2. PROPERTY MANAGEMENT
a. Beach Management—Update
b. 2020 Draft Work Plan - Discussion co5. ill
3. REGULAR BUSINESS
a. 2020 Annual Town Meeting—Update
4. APPROVAL OF MINUTES
a. Regular Meeting of June 23, 2020
5. FINANCIAL BUSINESS
a. Monthly Transfer Statistics
b. Warrant Authorization—Fiscal Year 2020 Cash Disbursements
c. Warrant Authorization— Cash Disbursement
d. Warrant Authorization— Clubhouse Requisition
e. Warrant Authorization—MGC Employee Housing Requisition
f. Warrant Authorization—MGC Capital Funds Transfer 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; 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. Approval of Executive Session Minutes
2. Release of Executive Session Minutes of July 10, 2018 and September 25, 2018
3. Litigation Discussion—Land Court Department Action No. 20MISC000058: The Ceylon
Elves, LLC v. Nantucket Islands Land Bank(3 & 3B Wyer's Way)
4. Litigation Discussion—Nantucket Islands Land Bank Commission, et al. v. Granite State
Insurance Company; USDC Civil Action. No. 1:20-CV-10344-DJC
5. Real Estate Acquisition
C. ADJOURNMENT
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lf� OFFICE OF THE GOVERNOR
•�_ COMMONWEALTH OF MASSACHUSETTS
t .0-M I STATE MOUSE• BOSTON, MA 02133
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CHARLES D. BAKER KARYN E.POLITO
GOVERNOR UEUTENANT 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
WAT,REAS,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.
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WHEREAS,sections 7,8,and 8A of Chapter 639 of the Acts of 1950 authorize the ; I
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 f
WHEREAS,low-cost telephone,social media,and other inter et-based technologies are
currently available that will permit the convening of a public body through virtual means and 's
allow real-time public access to the activities of the public body;and
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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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NOW THEREFORE,I hereby order the following: }
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(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 i
members of the public through adequate,alternative means,
Adequate,alternative means of public access shall mean measures that provide
transparency and permit timely andeffective public access to the deliberations of the public t
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 i
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 i
requirement of a general or special law or regulation,or a local ordinance or by-law,pursuant to i
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 4F
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 i
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 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. i
(2) Public bodies are hereby authorized to allow remote participation by all members in i
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 t
940 CMR 29.10(4)(b),is hereby suspended. x
(3) A public body that elects to conduct its proceedings under the relief provided in i
sections(1)or(2)above shall ensure that any party entitled or required to appear before it shall t
be able to do so through remote means,as if theparty were a member of the public body and f
participating remotely as provided in section(2). i
(4) All other provisions of sections 18 to 25 of chapter 30A and the Attorney General's t
implementing regulations shall otherwise remain unchanged and fully applicable to the activities
of public bodies.
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This Order is effective immediately and shall remain in effect until rescinded or until the I
State of Emergency is terminated,whichever happens first,
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Given in Boston at a�, 1 OM this 12th day of
March,two thousand and twenty.
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CHARLES D.BAKER I
GOVERNOR
Commonwealth of Massachusetts
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