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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 *Join Zoom Meeting https://zoom.us/j/91436953232?pwd=Tk5CQ1ZpbGhOMWFBWHRIO.1I0MVNLQT09 Meeting ID: 914 3695 3232 Passcode: 769243 One tap mobile +13126266799„91436953232#,,,,,,0#„769243# US(Chicago) +16465588656„91436953232#,,,,„0#„769243# US(New York) Dial by your location +1 312 626 6799 US (Chicago) +1646 558 8656 US(New York) +1 301 715 8592 US (Germantown) +1 346 248 7799 US (Houston) +1 669 900 9128 US (San Jose) +1 253 215 8782 US (Tacoma) Meeting ID: 914 3695 3232 Passcode: 769243 Find your local number: https://zoom.us/u/acAesKKtVz 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; j 4 tYt0 tIl uM t4CKt[D VNtA 1 t i 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 { i { i i . f I } 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 . t 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