HomeMy WebLinkAbout2020-8-25 •
AGENDA .� U C
Nantucket Land Bank Commission TOWN
Regular Meeting of August 25, 2020
05
Remote Participation via Zoom (see below*) 2p20 SEP 15 P1i IV
CALL TO ORDER: 4:00 P.M.
A. CONVENE IN OPEN SESSION
1. PUBLIC COMMENT/ STAFF ANNOUNCEMENTS
a. Nantucket Garden Club Merit Award—Reyes Pond
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. Golf Capital Committee Member—Appointment
3. PROPERTY MANAGEMENT
a. Cross-Island Hike—Update
b. Dog Park—Project Update
4. APPROVAL OF MINUTES
a. Regular Meeting of August 11,2020
5. TRANSFER BUSINESS
a. "M"Exemptions Update—Release of Liens
6. FINANCIAL BUSINESS
a. Monthly Financial Report—July
b. Warrant Authorization—Cash Disbursement
c. FY21 Proposed Budget—Discussion
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
Q OFFICE OF THE: GOVERNOR
... COMMONWEALTH OF MASSACHUSETTS
l=*-1b - STATE HOUSE• BOSTON, MA 02133
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w .1 (617)725-4000
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CHARLES D. RAKER KARYN E.POLITO
GOVERNOR LIEUTENANT 43OVERNOI9
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ORDER SUSPENDING CERTAIN PROVISIONS
OF THE OPEN MEETING LAW,G.L.e.30A,§20
WHEREAS,on March 10,2020,I,Charles D,Baker,Governor of the Commonwealth
of Massaehusetis,acting pursuant to the powers provided by Chapter 639 of the Acts of 1950 I
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-i9");and ;
WHERTAS,many important functions of State and Local Government are executed by
"public bodies,"as that term is defined in G.L, o.30A,§ 18,in meetings that are open to the
1 " 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 f
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 1
exposed to COVID-19. Additionally,the CDC and DPI-I have advised high-risk Individuals,
including people over the ago of 60,anyone with underlying health conditions or a weakened i
immune system,and pregnant women,to avoid large gatherings. I
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WHEREAS,sections 7,8,and SA of Chapter 639 of the Acts of 1950 authorize the 1 ;
Governor,during the effective period of a declared emergency,to exercise authority over public il
assemblages as necessary to protect the health and safety-of persons;and
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WItEREAS,low-cost telephone,social media,and other intemet based technologies are
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 i
Attorney General currently authorize remote participation by members of a public body,subject
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to certain limitations; 1
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NOW THEREFORE,I hereby order the following: i .
(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 3OA.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 i
public to clearly follow the proceedings of the public body while those activities are occurring.
Where allowance for active,reaMime participation by members of the public is a specific !
requirement of a general or special taw or regulation,or a local ordinance or by-law,pursuant to f
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 j
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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 •
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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
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general or special Iaw or regulation,or a local ordinance or by-law,that requires allowance for
active participation by members of the public,
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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.
(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
physically present at a specified meeting location,as provided in ft L.c.30A, §20(d)and in
940 CMR 29.I0(4)(b),is hereby suspended. 1
(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
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 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
State of Emergency is terminated,whichever happens first.
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Given in Boston at1SLM this 12th day of
Maioh,two thousand and twenty.
CHARLES D.BAKER I
GOVERNOR
Commonwealth of Massachusetts
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MINUTES
Nantucket Land Bank Commission
Regular Meeting of August 25, 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, Inquirer and Mirror Reporter, Brian Bushard were also present at call to order.
I. CONVENE 1N OPEN SESSION:
A. CITIZEN BUSINESS/ANNOUNCEMENTS:
1. Nantucket Garden Club Merit Award—Reyes Pond: Maryann Wasik,president of
the Nantucket Garden Club, sent a letter of recognition and merit award for the Reyes Pond
Arboretum. The award recognized a garden, landscape, or green space that contributes to the
natural beauty and unique character of Nantucket Island.
B. GOLF BUSINESS:
1. Sconset Golf Course—Manager's Monthly Review: The Commission reviewed
the balance sheet and profit and loss comparisons for July 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 he never
expected this much use on the course and would come back to the Commission with a
recommendation for capital improvements in the future.
2. Miacomet Golf Course ("MGC")—Manager's Monthly Review: The Commission
reviewed the balance sheet and profit and loss comparisons for July 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. Commissioner
Jelleme pointed out that some of the explanations were missing on the variance report and asked
Land Bank Commission Page 2
August 25, 2020
Mr. Costa to correct that going forward. Mr. Costa stated that given the anomaly of the COVID-19
year, he wanted to request a change to the 2020 budget. He proposed a flat rental payment of
$36,000 for the MGC Employee Housing Facility. A motion was made by Commissioner Stackpole
and duly seconded by Commissioner Donato to accept the revised annual rental payment of
$36,000. 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 stated that this year MGC was having a strong year; however, he was concerned that next
year may not be as profitable, so he proposed to restructure the clubhouse repayment to a rental
payment of$150,000 annually in perpetuity. This would replace the $231,176.76 annually payment
that was budgeted to repay from operations MGC's agreed upon portion of the construction costs of
the clubhouse over 30 years with no interest. He was concerned he would have to increased golf
prices to cover the expense. Commissioner Jelleme disagreed with the change,pointing out that
certainly within thirty years,major renovations and maintenance would be needed on the clubhouse.
Further, throughout the planning process,Mr. Costa stated that MGC revenues were such that he
was comfortable with the 30-year repayment plan. Commissioner Jelleme would prefer to
reevaluate each year if there is a monetary shortfall and address it at that time instead of changing
payment structure. Discussion ensued and Commissioner Jelleme stated that if the point is to keep
prices low,then NGM should look at the entire operation and cut costs in other areas, not just the
Land Bank repayment portion. A motion was made by Commissioner Jelleme and duly seconded
by Commissioner Donato to table the discussion and revisit the MGC Clubhouse repayment
I II structure at a future meeting.
3. Warrant Authorization—Golf Capital Funds Transfer Request: A motion was
made by Commissioner Stackpole and duly seconded by Commissioner Reinhard to execute the
August 25, 2020 warrant document in the amount of$11,379.81 to be provided to Nantucket Golf
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. Golf Capital Committee Member—Appointment: A motion was made by
Commissioner Stackpole and duly seconded by Commissioner Reinhard to appoint Commissioner
Donato to the Golf Capital Committee for the upcoming year. 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 4:25 p.m.
C. PROPERTY MANAGEMENT:
1. Cross-Island Hike—Update: Ms. Campese informed the Commission that she was
awaiting a response from Town Health Department, regarding several questions which would affect
the ability to organize the Cross Island Hike this year due to COVID-19 restrictions. Ms. Campese
said staff was moving forward with the planning for now and presented an aerial of the 2020 route.
Commissioner Jelleme suggested establishing a drop-dead date for cancellation purposes.
Land Bank Commission Page 3
August 25, 2020
2. Dog Park—Project Update: Ms. Bell provided an update on the plans for the dog
park. However, staff was recommending scaling back on some of the features which could be added
later if needed. She noted that the plans had not been submitted to the HDC to date. Further, staff
was planning to move the proposed walking trail closer to the dog park area in order to provide an
improved natural buffer to the abutters.
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
August 11, 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:
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. 36542 Isaiah Stover and John Stover
No. 36563 Olga Vasko and Alexandr Zhabrovets
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 25, 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 August 25,
2020 warrant document in the amount of$800,056.12 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 Stacicpole-Aye.
3. FY21 Proposed Budget—Discussion: Mr. Savetsky presented the Fiscal Year
2020 Budget Comparison (showing approved vs. actual expenditures) and Fiscal Year 2021
Proposed Budget for the Commission's review. A motion was made by Commissioner Reinhard
and duly seconded by Commissioner Stackpole, to approve the Fiscal Year 2021 Budget. 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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Mr. Bushard departed the meeting at 5:19 p.m.
Land Bank Commission Page 4
August 25, 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 5:51 p.m.
Attested to:
r/f
Mark Dona ., Sect ary
Accepted, Approved, and Released by the VOTE
of the Commission this 8th day of September 2020.
Neil Paterson, Chairman
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I DOCUMENTS AND EXHIBITS
Nantucket Land Bank Commission
Regular Meeting of August 25, 2020
1. Nantucket Garden Club Merit Award Letter
2. Sconset Golf Course—Financial Reports July 2020
3. Miacomet Golf Course—Financial Reports July 2020
4. MGC Warrant—Golf Capital Funds Request
5. Email to S Campese re: variance reports and golf dormitory/clubhouse repayment proposal
6. "M"Release of Lien (see transfer business for record no.)
7. NLB Financial Reports—July 2020
8. Check Warrant Summary dated August 25 , 2020
9. FY21 Proposed Budget
TRANSFER BUSINESS
Nantucket Land Bank Commission
• Regular Meeting of August 25, 2020
1. "M" Exemption Update:
a. Five-Year Domicile and Ownership Compliance—Releases of Liens:
No. 36542 Isaiah Stover and John Stover
No. 36563 Olga Vasko and Alexandr Zhabrovets