HomeMy WebLinkAbout2020-7-28 AGENDA NANTUCKET
Nantucket Land Bank Commission TOWCLERK LK
Regular Meeting of July 28, 2020
Remote Participation via Zoom (see below*)
2626 AUG 14 PM 4' 03
CALL TO ORDER: 4:00 P.M.
A. CONVENE IN OPEN SESSION
1. PUBLIC COMMENT/ STAFF ANNOUNCEMENTS
a. Ruth Stanton Foundation—Gift Acknowledgment
2. GOLF BUSINESS
a. Sconset Golf Course—Manager's Monthly Review
b. Miacomet Golf Course—Manager's Monthly Review
3. PROPERTY MANAGEMENT
a. Larrabee Farm—Residential Structure Review
b. Cisco Beach—Mobile Vendor Request
c. 2020 Draft Work Plan—Vote
d. Truck Logo—Discussion
e. 168 Hummock Pond Road/Sustainable Nantucket—Covenant to Merge Lots
4. APPROVAL OF MINUTES
a. Regular Meeting of July 14, 2020
5. TRANSFER BUSINESS
a. "M" Exemptions Update—Release of Liens
6. FINANCIAL BUSINESS
a. Monthly Financial Report—May
b. Warrant Authorization—Cash Disbursement
c. Warrant Authorization—2012 Series A Bond Semi-Annual Payment
7. REGULAR BUSINESS
a. Nantucket Platform Tennis Association—Rates Review
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. Real Estate Acquisition
ADJOURNMENT
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. � OFFICE OF THE GOVERNOR
'�L,•* COMMONWEALTH OF MASSACHUSETTS
tSTATE HOUSE•BOSTON, MA 02133 I
` (617)725-4000
it. : �b(yyJq i
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CHARLES D.BAKER I{ARYN E.POLITO I
GOVERNORLIEUTENANT GOVERNOR
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ORDER SUSPENDING CERTAIN.PROVISIONS
OP THE OPEN MVIEETING LAW,G.L.e.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 I1
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 dim and sound public policy and in order to ensure i
active public engagement with,contribution to,and oversight of the functions of government;
and
WHIMEAS,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 1
immune system,and pregnant women,to avoid large gatherings. I
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
WHEREAS,low-cost telephone,social media,and other internet-based technologies are j I
currently available that will permit the convening of a public body through virtual means and i_
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 j
to certain limitations;
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NOW THRREFORI,I hereby order the following: 1
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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 I
makes provision to ensure public access to the deliberations of the public body for interested 1
members of the public through adequate,alternative means. 1
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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,
, i
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 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'mist provide for such f
participation.
A municipal public body that for reasons of economic hardship and despite best efforts is I
unable to provide alternative means of public access that will enable the public to follow the t
proceedings of the municipal public body as those activities are occurring in real time may j
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 1
proceedings. This paragraph shall not apply to proceedings that are conducted pursuant to a 1113
general or special law or regulation,or a local ordinance or by-law,that requires allowance for
active participation by members of the public. i
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A public body must offer its selected alternative means of access to its proceedings
without subscription,toll,or similar charge to the public. 3;
(2) Public bodies are hereby authorized to allow remote participation by all members in 4
any meeting of the public body. The requirement that a quorum of the body and the chair be 1
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. 1
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(3) A public body that elects io 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 1
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implementing regulations shall otherwise remain unchanged and fully applicable to the activities I
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 ad), M this 12th day of
March,two thousand and twenty.
C4-14 '7)/. ...71\5''\
CHARLES D.BAKER
GOVERNOR
Commonwealth of Massachusetts
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MINUTES
Nantucket Land Bank Commission
Regular Meeting of July 28, 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.
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:
I1. Ruth Stanton Foundation—Gift Acknowledgement: Ms. Bell announced
that the Ruth Stanton Foundation had made an unrestricted donation of$100,000 to the Land Bank
for the third year in a row. The Commission accepted the donation with gratitude.
B. GOLF BUSINESS:
1. Sconset Golf Course—Manager's Monthly Review: The Commission reviewed
the balance sheet and profit and loss comparisons for June 30, 2020, as well as the check register
and profit and loss statement by department. Mr. Costa reported that the course was very busy even
though they were staggering tee times for an extended period (12 minutes versus the usual 9) to
facilitate social distancing. Overall, the net income exceeded the prior year and was well above
what was budgeted for the current year.
2. Miacomet Golf Course—Manager's Monthly Review: The Commission reviewed
the balance sheet and profit and loss comparisons for June 30, 2020, as well as the check register
and profit and loss statement by department. Mr. Costa stated overall the course was doing really
well with 98% of the tee-times utilized. The food and beverage department was still behind
budgeted sales but was expected to catch up. Mr. Costa projected they would exceed projected
revenue through the season.
Mr. Costa and Mr. Oberly departed the meeting at 4:25 p.m.
Land Bank Commission Page 2
July 28, 2020
C. PROPERTY MANAGEMENT:
1. Larrabee Farm—Residential Structure Review: Mr. Savetsky asked the
Commission their thoughts on the plans and the siting of the four-bedroom house on the farm.
Commissioner Reinhard said the house could be shifted 30 to 40 feet back in order to move it out of
the sightlines from the road. Commissioner Donato suggested that the parking be moved to the back
or side of the house. Mr. Savetsky said he would ask that for the siting of the building to be moved
and staked for additional review, and would ask them to explore the possibility of relocating the
parking.
2. Cisco Beach—Mobile Vending Request: Ms. Bell presented a request from
Mirabai Perfas, owner of Big Hug Dumplings to vend this summer from her small cart in the Cisco
Beach parking lot. A motion made by Commissioner Reinhard and duly seconded by Commissioner
Jelleme 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.
3. 2020 Draft Work Plan—Vote: Mr. Savetsky asked the Commission if they had
any questions or additions to the work plan presented at the previous meeting. Commissioner
Stackpole recommended adding another bike rack to the Cisco Beach parking lot. A motion was
made by Commissioner Stackpole and duly seconded by Commissioner Reinhard to approve the
work plan as revised. A roll call vote was taken on the motion: Mark Donato-Aye; Kristina Jelleme-
Aye;Neil Paterson-Aye; Allen Reinhard-Aye; John Stackpole-Aye.
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4. Truck Logo—Discussion: Mr. Savetsky presented a mock-up of a truck logo for
the Commissions review. The consensus of the Commission was positive, and Mr. Savetsky said
staff would move forward with finalizing the design.
5. 168 Hummock Pond Road/Sustainable Nantucket—Covenant to Merge Lots: Ms.
Bell recommended that 166 Hummock Pond Road Pease/Community Gardens)and 168 Hummock
Pond Road(Sustainable Nantucket) lots be merged to eliminate the sideyard setback between the
two lots,thereby facilitating a more optimal placement of the farmstand outside of the drive and
parking for the farm. A motion was made by Commissioner Stackpole and duly seconded by
Commissioner Jelleme to execute the Covenant to Merge Lots that would be recorded against the
title. A roll call vote was taken on the motion: Mark Donato-Aye; Kristina Jelleme-Aye;Neil
Paterson-Aye; Allen Reinhard-Aye; John Stackpole-Aye.
D. APPROVAL OF MINUTES: A motion was made by Commissioner Jelleme and duly
seconded by Commissioner Reinhard to accept,approve, and release the regular session minutes of
June 9, 2020, 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:
Land Bank Commission Page 3
July 28, 2020
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. 34306 Timothy P. Mahoney
No. 36491 Terrence John Watterson, II and Jacquelyn Boucher Watterson
No. 36496 Brett T. Watts and Alexia H. Watts
No. 36512 Rebecca Becker and Brendan Mailloux
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 June 30, 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 Jelleme to execute the July 28, 2020
warrant document in the amount of$141,857.87 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 Bond Semi-Annual Payment: Upon a
motion made by Commissioner Reinhard and duly seconded by Commissioner Stackpole 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$52,556.25 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.Nantucket Platform Tennis Association("NPTA")—Rates Review: Ms. Bell
explained that the license to NPTA had expired and counsel has drafted a new 10-year license that
included pickleball. As part of the new license,NPTA is required to update the Commission on
their rates annually. Upon a motion made by Commissioner Stackpole and duly seconded by
Commissioner Donato to approve the rates and execute the 10-year license renewal. A roll call vote
was taken on the motion: Mark Donato-Aye; Kristina Jelleme-Aye; Neil Paterson-Aye; Allen
Reinhard-Aye; John Stackpole-Aye.
II. EXECUTIVE SESSION: A motion was made by Commissioner Stackpole and duly seconded by
Commissioner Reinhard to go into executive session in order to discuss the purchase, exchange,
lease or value of real property, discuss ongoing litigation and review and approve executive session
minutes. A roll call vote was taken on the motion: Mark Donato-Aye; Kristina Jelleme-Aye;Neil
Land Bank Commission Page 4
July 28, 2020
Paterson-Aye; Allen Reinhard-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 5:00 p.m.
Attested to:
Mark Donato, Secretary
Accepted, Approved, and Released by the VOTE
of the Commission this 11th day of August, 2020.
Neil Paterson, Chairman
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DOCUMENTS AND EXHIBITS
Nantucket Land Bank Commission
Regular Meeting of July 28, 2020
1. Sconset Golf Course—Financial Reports June 2020
2. Miacomet Golf Course—Financial Reports June 2020
3. Larrabee Farm—House and Plot Plans
4. 2020 Draft Work Plan—Property Management Task List 2020
5. NLB Truck Logo
6. Sustainable Nantucket Plot Plan
7. "M" Release of Lien (see transfer business for record no.)
8. NLB Financial Reports—June 2020
9. Check Warrant Summary dated July 28, 2020
10. Check Warrant Summary dated July 28, 2020—2012 Series A Bond Payment
11. Nantucket Platform Tennis Association—2020 Rates
TRANSFER BUSINESS
Nantucket Land Bank Commission
Regular Meeting of July 28, 2020
1. "M" Exemption Update:
a. Five-Year Domicile and Ownership Compliance—Releases of Liens:
No. 34306 Timothy P. Mahoney
No. 36491 Terrence John Watterson, II and Jacquelyn Boucher Watterson
No. 36496 Brett T. Watts and Alexia H. Watts
No. 36512 Rebecca Becker and Brendan Mailloux