HomeMy WebLinkAbout2020-10-13 AGENDA
Nantucket Land Bank Commission N A N T U C K - }-
Regular Meeting of October 13, 2020 TOWN CLERK
Remote Participation via Zoom (see below*)
2020 OCT 28 dM 10: 16
CALL TO ORDER: 4:00 P.M.
A. CONVENE IN OPEN SESSION
1. PUBLIC COMMENT/ STAFF ANNOUNCEMENTS
2. PROPERTY MANAGEMENT
a. Easy Street Park—Change Order Proposal
b. All Properties—Commissioner Questions, Comments, Suggestions
3. TRANSFER BUSINESS
a. Current"M" Exemptions
b. Current"0" Exemptions
c. "M" Exemption Updates
4. APPROVAL OF MINUTES
a. Regular Meeting of September 8, 2020 and the Special Meeting of October 2,
2020
5. FINANCIAL BUSINESS
a. Monthly Transfer Statistics
b. Warrant Authorization—Cash Disbursement
c. FY20 Staff Prepared Financial Summary
6. REGULAR BUSINESS
a. Consent Items Proposal
b. Action Items—Review
7. PERSONNEL MANAGEMENT
a. Organizational Structure - 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. The Commission will not reconvene in open session at the
conclusion of executive session.
1. Approval of Executive Session Minutes
2. Real Estate Acquisition
C. ADJOURNMENT
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OFFICE OF THE GOVERNOR
COMMONWEALTH OF MASSACHUSETTS
STATE HOUSE•BOSTON, MA 02133
ff (617)725-4000
1LAI Offi
CHARLES D.BAKER KARYN E.POLITO
OOVERNOR LIEUTENANT GOVERNOR
mama sTsPJi ND NG cuRTA .: eAoursZQNs
OF T1'MN IMF/MG LAWt.G.L.c,30A,§20
WHEREAS,I,S,on March 10,2020,1,Charles D,Baker,Governor of the Commonwealth
of Massachusetts,acting pursuant to the*mems 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
Convnonwealth of Massachusetts a state of emergency due to the outbreak of the 2019 novel
Corona:vlrus("COV1D-19");and
W1 BB AS,many important functions of State and Local Government are executed by
"public bodies,'as that term is defined in G,L.et 30A,§18,in meetings that ate 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 goverment,
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 COV1D-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 oftheAets 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 anti 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 trine public access to the activities of the public body;and
WHEREAS seotllon 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;
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tYt0 tIl uM t4CKt[D VNtA
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NOW TITSREFURE,I hereby order the following: 1
(l) A public body,as defined in section 18 of chapter 30A of the.Geuertti Laws,is f
hereby relieved from the requirement of section 20 of chapter:30A That It conduct its meetings in i
a public place that Is open and physically accessible to the public,provided that the public body I
makesprovision to ensure public access to the deliberations of the public body for interested i
members of the public through adequate,alternative means. I
I
Adequate,alternative means of public access shall mean measures that provide l
transparency and permit timely and effective pubhic access to the deliberations of the public I
body, Such means may include,without limitation,providing public access through telephone,
interne,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,realAime participation by members of the public is 4 specific I
requirement of a general or special law or regulation,or a local ordinance or bylaw,pursuant to 1
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 a
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 I
1 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
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, iE
(2) Public bodies are hereby authorized to allow remote participation by all members in 1
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,1,,o.30A,§20(d)and in I
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(f)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), i - I
(4) All other provisions of sections 18 to 25 of chapter 30A and the Attorney General's 1.
Implementing regulations shall otherwise remain unchanged and fully applicable to the activities f
of public bodies. i
g
( ,
This Order is effective immediately and shall remain In effect until rescinded or until the
State of Emergency is terminated,whichever happens first, ¢
1
Given in Boston at1'1c.J M this 12th day of
March,two thousand and twenty.
Cid),14-7
CHARLES D.BAKER
GOVERNOR
• Commonwealth of Massachusetts
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MINUTES
Nantucket Land Bank Commission
Regular Meeting of October 13, 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.
Nantucket Pond Coalition President, Robert Williams; Inquirer and Mirror Reporter, Brian
Bushard; Coastal Resiliency Advisory Committee Chair, Mary Longacre;Andrew Cromartie,
Steven O'Brien, Susan O'Brien, Maureen Phillips; Miacomet Pond Association, Christian Masters;
Nantucket Land Council Executive Director, Emily Molden; Nantucket Historical Commission
Chair, Hilary Rayport and other interested members of the public were also present at the call to
order.
I. CONVENE IN OPEN SESSION:
A. CITIZEN BUSINESS/ANNOUNCEMENTS: Ms. Longacre inquired about the Land
Bank's contingency plan for the parking area at Cisco Beach given the recent erosion. Mr. Savetsky
replied he would have property management staff assess the situation and inform Ms. Longacre
once a course of action was determined.
B. PROPERTY MANAGEMENT:
1. Nantucket Pond Coalition Presentation: Mr. Williams presented plans, pictures
and videos showing the history of the work to eradicate the Phragmites from portions of Long
Pond, Hummock Pond, and Miacomet Pond over the past five years. The various treatments have
proven to be successful as pond frontage areas have opened up and native vegetation appears to be
coming back. Looking forward Mr. Williams would like to continue to treat the ponds and work
with the Land Bank to treat Consue Springs. Ms. Freeman reviewed an aerial map of the goose
pond and explained that she has begun the permitting process and expected the pesticide application
to commence in 2021. The Commission thanked Mr. Williams for his work and expressed
continued support for the Nantucket Pond Coalition's efforts in the future.
2. Solar Energy Discussion: Mr. Savetsky summarized a recent conversation with
Tobias Glidden, ACK Smart Energy about the future of Land Bank properties and its energy usage.
Mr. Savetsky inquired as to whether the Commission was interested in switching to renewable
energy by installing solar panels on some of its buildings, emphasizing that it made sense with the
Land Bank Commission Page 2
October 13, 2020
Land Bank being a conservation organization. Discussion followed and the Commission asked staff
to attain additional information regarding renewable energy providers and bring the topic at a future
meeting.
3. 16 Candle House Lane/Garden by the Sea—Memorial Plaque Donation Request:
Chairman Paterson recused himself from discussion and any votes regarding this matter. Ms. Bell
referred to a letter written by the Nantucket Historical Commission which inquired about placing a
descriptive plaque that recognized Arthur Cooper a historical figure who in 1822 was saved by
townspeople from a return to slavery. Ms. Rayport suggested that the Land Bank's Garden by the
Sea property which abuts Angola Street where Mr. Cooper resided would be an ideal location for
such a plaque. A motion was made by Commissioner Stackpole and duly seconded by
Commissioner Jelleme to approve the donation of the plaque and stone with staff working out final
details regarding the placement of the stone and plaque within the park. A roll call vote was taken
on the motion: Mark Donato-Aye; Kristina Jelleme-Aye; Allen Reinhard-Aye; John Stackpole-Aye.
4. Washington Street Extension Property—Landscape Plan Review: Ms. Freeman
reviewed a landscape plan developed by property maintenance staff of Land Bank property. She
described the conceptual plan to install a fence and plantings to create a natural buffer between the
residence and open space. The Commission favored the plan but stated a preference for native
plantings as the buffer. A motion was made by Commissioner Reinhard and duly seconded by
Commissioner Donato to approve the conceptual plan subject to staff using native plants for the
vegetated buffer. Staff indicated they would obtain cost estimates prior to installation for
Commission review and approval. A roll call vote was taken on the motion: Mark Donato-Aye;
Kristina Jelleme-Aye;Neil Paterson-Aye; Allen Reinhard-Aye; John Stackpole-Aye.
5. Golf Capital Committee—Recommendations: Chairman Paterson updated the
Commission on a few items that had been reviewed and recommended as capital items by the Golf
Capital Committee. They included the addition of two golf simulator units and the associated costs
to finish a portion of the basement to accommodate the public; outdoor heaters for porch dining;
replacement of three overhead doors on the maintenance facility; and additional leased equipment
for grounds maintenance. Chairman Paterson stated that Mr. Costa indicated that$330,000 in
operational funds were available and could be applied toward the capital items. Commissioner
Donato said the golf simulators would likely pay for themselves in a few years and become
profitable thereafter. A motion was made by Commissioner Donato and duly seconded by
Commissioner Reinhard to approve the capital items as recommended by the Golf Capital
Committee. A roll call vote was taken on the motion: Mark Donato-Aye; Kristina Jelleme-Aye;Neil
Paterson-Aye; Allen Reinhard-Aye; John Stackpole-Aye.
6. All Properties—Commissioner Questions, Comments, Suggestions: Commissioner
Reinhard suggested more Land Bank identification markers were needed on some properties(such
as the former FAA property which had five different entrances) and recommended adding the small
logo signs to the secondary entrances. Commissioner Jelleme asked about the status of the Chase
and McAlinden dock projects. Mr. Savetsky explained that due to wetland regulations,the Chase
dock needed to be several feet above the marsh and therefore most likely required handrails. He has
asked property staff to mockup the height of the dock for Commissioners to view before moving
Land Bank Commission Page 3
October 13, 2020
forward with completion of the project. Ms. Freeman explained that the height of the dock had been
negotiated down a foot with the state permitting authorities, and further explained that McAlinden
was still awaiting a Chapter 91 license from the state. Chairman Paterson suggested creating
additional parking spaces at the Western Avenue property across the street from the Star of the Sea
Youth Hostel in Surfside to expand public access out of concern that the Hostel had been purchased
by a private developer.
C. TRANSFER BUSINESS:
1. September 2020 Transfers—Record Nos. 41967 through 42126: The Commission
reviewed transfers for the period of September 1, 2020 through September 30, 2020.
a. Current"M"Exemption and Lien: The Commission authorized the placing of a
lien against the following property as a result of the purchasers claiming the "M" exemption as first-time
buyers of real property:
No. 41969 Vlatko Peshnachki
2. Transfer Update:
a. Assent to Termination of Seven Marble Way Condominium/No. 37358
Matthew Hill and Leah Cabral: Ms. Campese explained that the condominium was being terminated
and the units and common areas were being transferred to the individual owners. She said the
change did not affect the lien held on the property. A motion was made by Commissioner Stackpole
and duly seconded by Commissioner Reinhard to execute the assent to termination of the
condominium. A roll call vote was taken on the motion: Mark Donato-Aye; Kristina Jelleme-Aye;
Neil Paterson-Aye; Allen Reinhard-Aye; John Stackpole-Aye.
b. Three-Year Ownership Non-Compliance—Request for Waiver/Release of
Lien: No. 39108 Michael C. Dussault and Jena M. Winchell: Ms. Campese referred to the email
previously provided to the Commission that explained the extenuating circumstances that had
resulted in the homeowners selling their home prior to the completion of the five-year ownership
requirement. A motion was made by Commissioner Jelleme and duly seconded by Commissioner
Reinhard to waive the penalty and interest as recommended by staff and to provide a release of lien
to the owners upon payment of the $8,500 Land Bank fee. 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 Donato to accept, approve, and release the regular session minutes of
September 22, 2020 and the special session minutes of October 2, 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.
Land Bank Commission Page 4
October 13, 2020
E. FINANCIAL BUSINESS:
1. Monthly Transfer Statistics: Monthly transfer statistics reports comparing calendar
years 2019 and 2020 through September 2020 were presented to the Commission.
2. Warrant Authorization—Cash Disbursements: A motion was made by
Commissioner Reinhard and duly seconded by Commissioner Jelleme to execute the October 13,
2020 warrant document in the amount of$173,730.99 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. FY20 Staff Prepared Financial Summary: Ms. Campese presented a staff-prepared
Land Bank financial summary,which also included Miacomet Golf operations, based on the Fiscal
Year 2020 audited financial statements. Upon a motion made by Commissioner Jelleme and duly
seconded by Commissioner Reinhard to accept and approve the staff-prepared financial summary
for inclusion in the Land Bank's 2020 Annual Report. 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. REGULAR BUSINESS:
1. West End Map—Review: Ms. Freeman reported that the West End Map was in its
final stages and asked that Commissioners and staff review it and email any changes so it could be
finalized and sent into production.
2. Action Items—Review: Ms. Campese asked if the Commission had any questions
on the action items list. Commissioner Jelleme recommended setting hard dates with the golf
consultant regarding the upcoming bidding process for management services.
$b
G. PERSONNEL MANAGEMENT:
1. Organizational Structure - Review: Mr. Savetsky presented a revised
organizational chart of the Land Bank personnel with a few new positions to be added to maintain
current properties and future projects and acquisitions. He explained the immediate need was for a
facilities maintenance technician with carpentry skills. The consensus of the Commission was
positive for the additional positions as well as the organizational structure.
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 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,
1 21(a)(6)] that discussion of these matters in open session may be detrimental to the Land Bank's
negotiating position. The Chairman further announced that the Commission would not reconvene in
Land Bank Commission Page 5
October 13, 2020
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 adjo 6:35 p.m.
Attested to:
Mark Donato, ecretary
Accepted, Approved, and Released by the VOTE
of the Commission this 27th day of October 2020.
/VhJ
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-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
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
THRU SEP 19 716 390 326 $699,065,636 $662,659,255 $13,310,183
Average 86 47 40 $87,869,620 1 $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-20 104 49 55 $176,375,099 $171,288,925 $3,425,779
Sep-20 159 42 117 $363,276,137 $362,676,137 $7,253,523
Oct-20
Nov-20
Dec-20
THRU SEP 20 704 343 361 $1,017,391,885 $989,462,926 $19,805,109
Average 78 38 40 $113,043,543 $109,940,325 $2,200,568
Low 36 18 18 $36,463,714 $34,508,714 $690,174
High 159 57 117 $363,276,137 $362,676,137 $7,253,523
MONTHLY(UNAUDITED)
•
DOCUMENTS AND EXHIBITS
Nantucket Land Bank Commission
Regular Meeting of October 13, 2020
1. Nantucket Pond Coalition Power Point Presentation
2. Plaque request for Garden of the Sea
3. Conceptual Plan for Washington Street Extension
4. Golf Capital request
5. Current"M"Exemption(see transfer business for record no.)
6. Three Year-Ownership Non-Compliance—Request for Waiver/Release of Lien Email
7. Monthly Transfer Report—September 2020
8. Calendar Year Transfer Statistics and Graphs—September 2020
9. Check Warrant Summary dated October 13, 2020
10. Land Bank Financial Summary
11. West End Map
12. Action Items List
13. Proposed Organizational chart
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TRANSFER BUSINESS
Nantucket Land Bank Commission
Regular Meeting of October 13, 2020
1. September 2020 Transfers—Record Nos. 41967 through 42126
a. Current"M"Exemptions and Liens:
No. 41969 Vlatko Peshnachki
2. Assent to Termination of Seven Marble Way Condominium
No. 37358 Matthew Hill and Leah Cabral
3. Three-Year Ownership Non-Compliance—Request for Waiver/Release of Lien:
No. 39108 Michael C. Dussault and Jena M. Winchell