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HomeMy WebLinkAbout2020-11-24 AGENDA Nantucket Land Bank Commission NANTUCKET ANTUC E -3 Regular Meeting of November 24, 2020xti C 1 E Remote Participation via Zoom (see below*) 2020 DEC I I AM 10: 35 CALL TO ORDER: 4:00 P.M. A. CONVENE IN OPEN SESSION 1. PUBLIC COMMENT/ STAFF ANNOUNCEMENTS 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—Recommendations 3. PROPERTY MANAGEMENT a. Encroachments—Updates b. Maxey Pond—Management Update c. Hays Property—Project Update d. All Properties—Questions, Comments, Suggestions 4. APPROVAL OF MINUTES a. Regular Meeting of November 10, 2020 5. TRANSFER BUSINESS a. "M" Exemptions Update—Release of Liens 6. FINANCIAL BUSINESS a. Monthly Financial Report—October b. Warrant Authorization—Cash Disbursement 7. REGULAR BUSINESS a. Staffing - Update 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 Join Zoom Meeting https://zoom.us/j/99603998203?pwd=WEJ4emF2bU9KN3pBaTRJNW1sTWtiUTO9 Meeting ID: 996 0399 8203 Passcode: 465788 One tap mobile +16465588656„99603998203#,,,,,,0#„465788# US (New York) +13017158592„99603998203# 0#„465788# US(Washington D.C) Dial by your location +1 646 558 8656 US(New York) +1 301715 8592 US (Washington D.C) +1 312 626 6799 US (Chicago) +1669 900 9128 US(San Jose) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) Meeting ID: 996 0399 8203 Passcode: 465788 Find your local number: https://zoom.us/u/aeC9czdVgg OFFIoe of THE GOVERNOR __ COMMONWEALTH OF MASSACHUSETTS STATE HOUSE•BosTON,MA 02163 (617)725-4000 .00 • CHARLES 0.BAILER ISARYN E.POLITO GOVERNOR LIEUTENANT GOVERNOR ORDER SUSPENDING CERTAIN PROVISIONS • OF sum OPEN MEETING LAW,G.L.e.30A,§20 WHEREAS,on March 10,2020,1,Charles D.Baker,Covert or 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("COV1D-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,$18,in meetings that are open to the public,consistent with the requirements of law and sound public policy and in order to ensure active public engagement with,contribution to,and oversight of the functions of government; and Wer R7;'As,both the Federal Centers for Disease Control and Prevention("CDC")and the Massachusetts Department of Public Health("DPH")have advised residents to take extra measures to put distance between themselves and other people to further reduce the risk of being exposed to COVID-19. Additionally,the CDC and DPIl have advised high-risk individuals, including people over the ago of 60,anyone with underlying health conditions or a weakened immune system,and pregnant women,to avoid large gatherings. WHEREAS,sections 7,8,and BA of Chapter 639 of the Acts of 1950 authorize the I ; Governor,during the effective period of a deolared emergency,to exercise authority over public assemblages as necessary to protectthe health and safetyofpersons;and I ; WHEREAS,low-cost telephone,social media,and other internet-based technologies are currently available that will permit the convening Of a public)body through virtual means and allow real-time public access to the activities of the public body;and 'WHEREAS section 20 of chapter 30A and implementing regulations issued by the Attorney General currently authorize remote participation by members of a public body,subject to certain limitations; hxn.00x IU t$Cof\u.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 meanmeasures 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,real4titne participation by members of the public is a specific requirement of a general or special law or regulation,or a local ordinance or by-Iaw,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 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 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 publlo 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 nt a specified meeting location,as provided in G,L."e.30A,§20(d)and in 940 CMR 29.10(4)(b),is hereby suspended. (3) A public body that elects to 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 hi 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 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. I I • M I { Given in Boston at 1/, M this 12th day of I March,two thousand and twenty. I CAVIc-7 -\. . • I CHARLES i),BAKER I 1 GOVERNOR • Commonwealth of Massachusetts ( . I I I • I 1 I I I 1 I I 1 1 i 1 l i 1 I MINUTES Nantucket Land Bank Commission Regular Meeting of November 24, 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. Miacomet Golf Course ("MGC") General Manager, Alan Costa; MGC Director of Agronomy, Sean Oberly;Affordable Housing Trust Vice Chair, Brooke Mohr, were also present at call to order. I. CONVENE IN OPEN SESSION: A motion was made by Commissioner Reinhard and duly seconded by Commissioner Stackpole to waive the reading of the Remote Meeting Instructions. A roll call vote was taken on the motion: Mark Donato-Aye; Kristina Jelleme-Aye;Neil Paterson- Aye; Allen Reinhard-Aye; John Stackpole-Aye. A. CITIZEN BUSINESS/ANNOUNCEMENTS: None. B. GOLF BUSINESS: 1. Sconset Golf Course—Manager's Monthly Review: The Commission reviewed the balance sheet and profit and loss comparisons for October 31, 2020, as well as the check register and profit and loss statement by department. Mr. Costa reported that the course had a very good year. 2. Miacomet Golf Course ("MGC")—Manager's Monthly Review: The Commission reviewed the balance sheet and profit and loss comparisons for October 31, 2020. Mr. Costa stated the course remained busy throughout the month with golf shop and food and beverage sales exceeding expectations. Mr. Costa proposed a change of rent for the employee housing facility from the $36,000 previously voted to $28,800 which was more in line with the 2020 occupancy and utility expenses for 2020. A motion was made by Commissioner Stackpole and duly seconded by Commissioner Reinhard, to approve the amended rental rate for 2020. 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—Golf Capital Funds Transfer Request: A motion was made by Commissioner Stackpole and duly seconded by Commissioner Reinhard to execute the Land Bank Commission Page 2 November 24,2020 • November 24, 2020 warrant document in the amount of$150,518.92 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—Recommendations: Chairman Paterson and Ms. Campese reviewed the Golf Capital Committee recommendations for SGC from the November 5th meeting. Mr. Oberly noted that the master plan is a proposal to improve the course design at SGC which had its busiest season of play to date. Commissioner Jelleme reiterated the importance of planning based on a normal year rather than 2020 which had been an anomaly with the COVID-19 pandemic and increased interest in outdoor activities. Further, she was in favor of changes to the course due to safety concerns, however she cautioned against changes that would eliminate the eclectic feel of the course. A motion was made by Commissioner Stackpole and duly seconded by Commissioner Reinhard to approve the following items totaling$123,219.00. A roll call vote was taken on the motion: Mark Donato-Aye; Kristina Jelleme-Aye;Neil Paterson-Aye; Allen Reinhard- Aye; John Stackpole-Aye. 1) Master Plan Proposal by Tyler Rae,Architect $35,000.00 2) Groundsmaster 3500-D—Mower, TPC Turf Products $35,219.00 3) Interior and exterior painting of clubhouse (non-capital) $40,000.00 4) Belgian block apron at Milestone Rd. $10,000.00 5) Replace and painting the Fence $ 3,000.00 Total $123,219.00 Mr. Costa and Mr. Oberly departed the meeting at 4:23 p.m. C. PROPERTY MANAGEMENT: 1. Encroachments Update: Ms. Freeman stated that a fence had been installed on the Hallowell Lane property in an attempt to resolve the encroachment issue. Further, she anticipated the Land Bank's encroachment monitoring program would continue to grow in the future as development on the island increased. The Commission requested that Ms. Freeman send them the master list of encroachments for review, suggesting that perhaps they could help by reaching out to some of the offenders. 2. Maxey Pond—Management Update: Ms. Freeman reviewed a prior Conservation Commission approval for seven access points to the pond. The beginning of each path to an access point is shown as 10 feet wide and narrows to 3-4 feet at the pond's edge. She indicated that staff planned to assess the paths to identify the work required to maintain these access points. 3. Hays Property—Project Update: Ms. Bell reported that Property Foreman Jeff Pollock had cleared areas of understory which opened up the meadow areas and helped to fine tune the landscape plan. Additionally, Ms. Bell stated that the curb cut would take some time to permit because Milestone Road was a state highway and therefore it required permission from MassDOT. Further, Ms. Bell said the goal was still to deliver the park to the community by summer of 2021. Land Bank Commission Page 3 November 24, 2020 She further reported that the design team was shooting for a December filing at the Conservation Commission in anticipation of the item being considered at their first meeting in January. Historic District Commission filings for the removal of a portion of the main house and hardscaping would be filed simultaneously. 4. All Properties—Questions, Comments, Suggestions: Ms. Bell informed the Commission that the Nantucket Conservation Foundation wanted to include the Land Bank trails on their ACK trails application. Ms. Bell further updated the Commission on the staff review of planting plans for Easy Street Park. She said the Landscape Architect cautioned strongly against reducing the number of plants, as the park had been carefully designed to achieve root growth "knitting" in order to enhance soil erosion control and also provide resiliency in the planting itself. Further, she pointed out that there was a one-year warranty on the project that included plant materials. She asked the Commission to approve the change order of$283,343.11 which was largely due to the replacement the fill for soil and COVID-19 delays. A motion was made by Commissioner Stackpole and duly seconded by Commissioner Reinhard to approve the Easy Street Park change order in the amount of$283,343.11. A roll call vote was taken on the motion: Mark Donato-Aye; Kristina Jelleme-Aye;Neil Paterson-Aye; Allen Reinhard-Aye; John Stackpole-Aye. Chairman Paterson reminded staff to address the cupping issue that was visible in portions of the decking with the contractor. Commissioner Stackpole suggested that the contractor add a check valve to drainage line to keep the water from flooding the street. 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 November 10, 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 Reinhard 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. 36914 Linda W. Joahimthal No. 36915 Jose S. Quijada and Laura Yazmin Santos De Quijada No. 36949 Clifford D. Munkres and Mayumi Hattori 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 October 31, 2020 Land Bank Commission Page 4 November 24, 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 November 24, 2020 warrant document in the amount of$107,810.38 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. REGULAR BUSINESS: 1. Staffing—Update: Mr. Savetsky informed the Commission that the Land Bank planned to hire a carpenter position and an additional person to act as the Director of Property Management/Project Coordinator. Further, Taylor Donovan, Field Ecologist would be leaving her current position in December and Ms. Freeman would advertise the position soon. Ms. Mohr departed the meeting at 5:21 p.m. 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. 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N �. N F- Z 2G S J F- i- DOCUMENTS AND EXHIBITS Nantucket Land Bank Commission Regular Meeting of November 24, 2020 1. Sconset Golf Course—Financial Reports October 2020 2. Miacomet Golf Course—Financial Reports October 2020 3. Golf Capital Committee Recommendations 4. MGC Warrant- Golf Capital Funds Request 5. Maxcy Pond Plan 6. "M" Release of Lien (see transfer business for record no.) 7. NLB Financial Reports—October 2020 8. Check Warrant Summary dated November 24, 2020 TRANSFER BUSINESS Nantucket Land Bank Commission Regular Meeting of November 24, 2020 1. "M" Exemption Update: a. Five-Year Domicile and Ownership Compliance—Releases of Liens: No. 36914 Linda W. Joahimthal No. 36915 Jose S. Quijada and Laura Yazmin Santos De Quijada No. 36949 Clifford D. Munkres and Mayumi Hattori