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Home My WebLink About2020-8-11 AGENDA Nantucket Land Bank Commission N A 1 T U C K E 1 Regular Meeting of August 11, 2020 TOWN CLERK Remote Participation via Zoom(see below*) 2020 SEP 15. PM; 06 CALL TO ORDER: 4:00 P.M. A. CONVENE IN OPEN SESSION 1. PUBLIC COMMENT/ STAFF ANNOUNCEMENTS 2. PROPERTY MANAGEMENT a. Coastal Resiliency Overview b. Coastal Resiliency/Washington Street Project University of Florida—Presentation c. 174 Orange Street—Surplus Building Discussion d. 174 Orange Street—Draft Landscape Plan Review 3. TRANSFER BUSINESS a. Current"M"Exemptions b. Two-Year Non-Compliance—Request for Extension 4. APPROVAL OF MINUTES a. Regular Meeting of July 28,2020 5. FINANCIAL BUSINESS a. Monthly Transfer Statistics b. Warrant Authorization—Cash Disbursement 6. PERSONNEL MATTERS a. Executive Director—Annual Review Committee Appointment 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. Litigation Discussion—Land Court Department Action No. 20MISC000058: The Ceylon Elves,LLC v.Nantucket Islands Land Bank(3 & 3B Wyer's Way) 3. Real Estate Acquisition C. ADJOURNMENT *Join Zoom Meeting: Join Zoom Meeting https://zoom.us/i/91852773723?pwd=cFdDeiBLSGpVYW E2YiFzdWVaTIIDUT09 Meeting ID: 918 5277 3723 Passcode: 945272 One tap mobile +12532158782„91852773723#,,,,,,0#„945272#US (Tacoma) +13462487799„91852773723# 0#„945272#US (Houston) Dial by your location +1253 215 8782 US(Tacoma) +1346 248 7799 US (Houston) +1669 900 9128 US(San Jose) +1301715 8592 US (Germantown) +1312 626 6799 US (Chicago) +1646 558 8656 US (New York) Meeting ID: 918 5277 3723 Passcode: 945272 Find your local number: https://zoom.us/u/abX5BGdt01 • I j • I OFFICE OF THE GOVERNOR COMMONWEALTH OF MASSACHUSETTS t STATE HOUSE•BOSTON, MA 02133 PE(14 t Er (617)725-4000 CHARLES D.BAKER KARYN E.POLITO GOVERNOR LIEUTENANT GOVERNOR ORDER SUSPENDING CERTAIN PROVISIONS O]3 THE OPEN MEETING LAW,G.L.c,30A,§20 ,WHEREAS,on Mauch 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 finnctions of government; and WREAS,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 i exposed to COVID-19. Additionally,the CDC and DPH have advised high tisk individuals, i 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 1 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 publio body through virtual means and . allow real-time public access to the activities of the public body;and i 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 l to certain limitations; ei Pfsm a QM 14,PYtte PNu • i • • 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 • 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 repletion,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 fall and complete transeript,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 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 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 a L. c.30A, §20(d)and in 940 CMR 29.10(4)(b),is horehy suspended. (3) A public body that elects to conduct its proceedings under he relief provided in t sections(1) or(2) above shall ensure that any patty entitled or required to appear before it shall t be able to do so through remote moans,as if the patty 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 i of public bodies, 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 atb `�'M this 12th day of March,two thousand And twenty. cht.,_k„ CHARLES D.BAKER GOVERNOR Convnonwealth of Massachusetts • 1 1 • 1 ! # 1 i s I 1 9 � { 1 f � 1 MINUTES Nantucket Land Bank Commission Regular Meeting of August 11,2020 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; Taylor Donovan, Field Ecologist; Guthrie Diamond, Field Ecologist. Inquirer and Mirror Reporter, Brian Bushard and Morris Hylton, Director of the University of Florida Historic Preservation Program, were also present at the call to order. I. CONVENE IN OPEN SESSION: A. CITIZEN BUSINESS/ANNOUNCEMENTS: Mr. Savetsky read a thank you letter from Deborah Geise for a bench in memory of Bay McClure recently installed at the Gardner Property. She acknowledged Jeff Pollock's helpful assistance in the planning process. Furthermore, she noted that the McClure family was thrilled with the design and location of the bench. Ms. Campese stated that the Land Bank had received the first of an annual gift of$5,000.00 to purchase and install benches along trails for people,particularly the elderly to rest so they could enjoy the walking paths. Ms. Campese spoke with the donor and suggested a collaboration with the High School Shop Department who would use the funds to build the benches and work with the Land Bank to install them. B. PROPERTY MANAGEMENT: 1. Coastal Resiliency Overview: Ms. Donovan and Ms. Diamond informed the Commissioners about the town's ongoing planning for coastal resiliency also known as the ability of the island's coastlines to "bounce back" after a major storm event. They presented the Town of Nantucket's Coastal Risk Assessment& Resiliency Strategies which identified three key components, risk assessment, identifying solutions and taking action to resolve eroding shorelines due to global warming, rising sea level, and extreme weather events. Further, they reviewed several options for how the community could prepare and protect the shorelines including landscaping with native plants, creating a living shoreline and elevating buildings located within flood zones. They identified Land Bank properties that are most susceptible to flooding such as Lily Pond, Land Bank Commission Page 2 August 11, 2020 Washington Street, and the Easy Street Park. They pointed out that coastal resiliency planning could influence acquisition decisions,property management efforts and property project design. Kristine Horiuchi and John Costa, of Horiuchi and Solien Landscape Architects, entered the meeting at 4:26 p.m. 2. Coastal Resiliency/Washington Street Project University of Florida—Presentation: Mr. Hylton introduced himself as the Director of the University of Florida's Historic Preservation Program and gave a brief history of his role with the Preservation Institute of Nantucket since 2011. Mr. Hylton presented a power point on the South Washington Street Pilot Project and study conducted by the U of F Field team. This research data showed the historical development of the coastal harbor areas in town as well as those areas prone to flooding such as Brant Point, Easy Street; Broad Street and South Washington Street. The study assessed the risk of flooding with a primary focus on areas of South Washington Street. Additionally, it identified other vulnerable areas prone to flooding and the data collected was used to create a 3D digital model of potential flooding predicted to occur through 2100 due to rising sea levels. The study provided relevant information for community planning to protect waterfront properties and coastal areas. Chairman Paterson thanked Mr. Hylton for his presentation. Mr. Hylton departed the meeting at 4:40 p.m. 3.174 Orange Street- Surplus Building Discussion: Ms. Bell reviewed a proposal from Alice Townsend-Williams and Jacob Williams for removal for the Hays cottage and a proposal from David Iverson for the removal of the garage. A motion was made by Commissioner Jelleme and duly seconded by Commissioner Stackpole to declare the buildings surplus and authorize Mr. Savetsky to execute the bills of sale for the disposal of the cottage to Mr. and Ms. Williams and the garage to Mr. Iverson, with the condition that both removals must be completed by January 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. Ms. Diamond and Ms. Donovan departed the meeting at 4:45 p.m. 4. 174 Orange Street-Draft Landscape Plan Review: Ms. Horiuchi reviewed the revised conceptual plan and highlighted the vehicular, bicycle and pedestrian access amenities. She noted that vegetation for the parking area off Milestone road could be thinned out by removing the understory yet keeping a buffer to help with noise suppression. A primary goal of the plan was to enhance the central grassy meadow and views of the harbor once the main house has been removed. She envisioned an accessible path system that would have points of interest for the unique island landscape included within the woodland, meadows, and wetland areas. She reiterated that the element of discovery was important and has been incorporated into the plan design. Discussion followed regarding surfacing of the paths and expanding harbor views. The consensus of the Commission was positive, and they agreed that a site visit would be beneficial. Chairman Paterson thanked Ms. Horiuchi. Ms. Horiuchi, Mr. Costa and Mr. Bushard departed the meeting at 5:00 p.m. Land Bank Commission Page 3 August 11, 2020 C. TRANSFER BUSINESS: 1. July 2020 Transfers—Record Nos. 41760 through 41861: The Commission reviewed transfers for the period of July 1, 2020 through July 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. 41760 Arthur Levy, Paula Levy and Allison Levy No. 41843 ACK Weatherly Place LLC No. 41852 Lucas S.S. Johnston and Julie Arm Clara Kellogg No. 41855 Scott Holmes and Sarah Holmes 2. Transfer Update: a. Two-Year Domicile/Non-Compliance—Request for Extension/No. 39876 Stoyan Ivanov: Ms. Campese reported that Mr. Ivanov purchased his home in July 2018, however due to the COVID-19 moratorium on evictions he has not been able to move into his home. Mr. Ivanov requested a one-year extension to complete his move into the property. A motion was made by Commissioner Stackpole and duly seconded by Commissioner Reinhard to approve a one-year extension request through July 27, 2021 in accordance with the recommendations of staff. 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 Stackpole and duly seconded by Commissioner Reinhard to accept, approve, and release the regular session minutes of July 28, 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. F. FINANCIAL BUSINESS: 1. Monthly Transfer Statistics: Monthly transfer statistics reports comparing calendar years 2019 and 2020 through July 2020 were presented to the Commission. 2. Warrant Authorization—Cash Disbursements: A motion was made by Commissioner Stackpole and duly seconded by Commissioner Reinhard to execute the August 11, 2020 warrant document in the amount of$240,332.69 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. PERSONNEL MATTERS: 1. Executive Director—Annual Review Committee Appointment: A motion was Land Bank Commission Page 4 August 11, 2020 made by Commissioner Stackpole and duly seconded by Commissioner Donato to appoint Chairman Paterson and Commissioner Jelleme to conduct the personnel review for the Executive Director. 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 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 Donato, it was VOTED to adjourn at 5:27 p.m. Attested to: ' 4)0 Mark D onato, ecretary Accepted, Approved, and Released by the VOTE of the Commission this 25th day of August 2020. APAI) Neil Paterson, Chairman MONTHLY TRANSFER STATISTICS CALENDAR 2019 CAL19 _ Total Exempt Taxable Total Gross Gross Revenue Month Transfers Transfers Transfers Value Value Taxable Received 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-1975 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 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 1 $104,991,606 $88,127,806 $1,772,556 THRU JUL 19 435 240 195 $417,437,164 $392,806,670 $7,900,266 Average 86 47 40 $87,869,620 $82,965,411 $1,665,641 Low 55 32 23 $33,375,816 $31,585,094 $631,702 High 112 71 60 $139,977,450 $137,527,117 $2,759,542 MONTHLY TRANSFER STATISTICS CALENDAR 2020 CAL20 Total Exempt Taxable Total Gross Gross Revenue Month Transfers Transfers Transfers Value Value Taxable Received 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 52 29 23 $50,331,500 $50,331,500 $1,012,480 Jul-20 101 57 44 $137,529,158 $130,894,991 $2,617,900 Aug-20 Sep-20 Oct-20 Nov-20 Dec-20 THRU JUL 20 441 252 189 $477,740,648 $455,497,864 $9,125,807 Average 63 36 27 $68,248,664 $65,071,123 $1,303,687 Low 36 18 18 $36,463,714 $34,508,714 $690,174 High 101 57 44 $137,529,158 $130,894,991 $2,617,900 1 11 MONTHLY(UNAUDITED) DOCUMENTS AND EXHIBITS Nantucket Land Bank Commission Regular Meeting of August 11, 2020 1. Thank you letter from Deborah Geise 2. Photograph of Bay McClure memorial bench—Gardner property 3. Coastal Resiliency Presentation 4. PIN U of Florida Power Point on Coastal Resilience talk 8/12/20 5. Hays Cottage—Williams Proposal 6. Hays Garage—Iverson Proposal 7. Horiuchi & Solien Booklet-The Creeks 8. Horiuchi & Solien Drawings - The Creeks 9. Current"M"Exemption(see transfer business for record nos.) 10. 2 Year Domicile Extension Request Letter from Stoyan Ivanov 11. Monthly Transfer Report—July 2020 12. Calendar Year Transfer Statistics and Graphs—July 2020 13. Check Warrant Summary dated August 11, 2020 TRANSFER BUSINESS Nantucket Land Bank Commission Regular Meeting of August 11, 2020 1. July 2020 Transfers—Record Nos. 41760 through 41861 a. Current"M"Exemptions and Liens: No. 41760 Arthur Levy, Paula Levy and Allison Levy No. 41843 ACK Weatherly Place LLC No. 41852 Lucas S.S. Johnston and Julie Ann Clara Kellogg No. 41855 Scott Holmes and Sarah Holmes 2. Transfer Update: a. Two-Year Domicile Non-Compliance—Request for Extension No. 39876 Stoyan Ivanov