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Home My WebLink About2021-1-12 AGENDA Nantucket Land Bank Commission .r Regular Meeting of January 12, 2021 Remote Participation via Zoom (see below*) "311 23 2., CALL TO ORDER: 4:00 P.M. A. CONVENE IN OPEN SESSION 1. PUBLIC COMMENT/ STAFF ANNUOUNCEMENTS 2. PROPERTY MANAGEMENT a. Maintenance Facility Storage Building Replacement—Proposal b. Cathcart Beach and Parking Area Planning Discussion 3. TRANSFER BUSINESS a. Current "M" Exemptions b. "M" Exemption Update—Payment/Release of Lien 4. APPROVAL OF MINUTES a. Regular Meeting of December 22, 2020 and Special Meeting of January 6, 2021 5. FINANCIAL BUSINESS a. Monthly Transfer Statistics b. Warrant Authorization— Cash Disbursement c. Debit Card—Policy Discussion 6 REGULAR BUSINESS a. Action Items—Review B. EXECUTIVE SESSION: The Executive Session is for Purpose 6[G.L. c. 30A, 21(a)(6)J. 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 https://zoom.us/j/93912820954?pwd=SWZyeVp5WnN4UE9sTjRHNFJpOWZiQTO9 Meeting ID: 939 1282 0954 Passcode: 489733 One tap mobile +16465588656„93912820954#,,,,*489733# US(New York) +13017158592„93912820954#,,,,*489733# US(Washington D.C) Dial by your location +1 646 558 8656 US (New York) +1 301 715 8592 US (Washington D.C) +1 312 626 6799 US (Chicago) +1 669 900 9128 US (San Jose) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) Meeting ID: 9391282 0954 Passcode: 489733 Find your local number: https://zoom.us/u/abiktut4e7 OFFICE OF THE GOVERNOR _ COMMONWEALTH OF MASSACHUSETTS STATE HOUSE• BOSTON, MA 02133 (617) 725-4000 1•I p', v I • CHARLES D. BAKER KARYN E.POLITO GOVERNOR LIEUTENANT GOVERNOR ORDER SUSPENDING CERTAIN PROVISIONS OF THE OPEN MEETING LAW, G.L.c.30A,§20 WHEREAS,on March 10,2020,1,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 a 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 WITP,REAS,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 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 of the Acts 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 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 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; • ®Ilavuo ov Ilmv<tro Poen i NOW Ti1l{.REFO.RT,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 4 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 regulation,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 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 F 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 i 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, L. c.30A, §20(d)and in l 940 CMR 29,10(4)(b),is hereby suspended, (3) A public body that elects to conduct its proceedings under the relief provided in e 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 moans,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 1 implementing regulations shall otherwise remain unchanged and fully applicable to the activities of public bodies, i 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 at`(/, 1 PM this 12th day of March,two thousand and twenty. • •CHARLES D.BAKER GOVERNOR • Commonwealth of Massachusetts • • , 4. • 1 MINUTES Nantucket Land Bank Commission Regular Meeting of January 12, 2021 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; Guthrie Diamond, Field Ecologist; Jeffrey Pollock, Property Foreman. I. CONVENE IN OPEN SESSION: A motion was made by Commissioner Reinhard and duly seconded by Commissioner Donato 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. PUBLIC COMMENT / STAFF ANNOUNCEMENTS: Ms. Campese reported that the Land Bank had received a $250.00 donation from Paul and Lisa Berger. B. PROPERTY MANAGEMENT: 1. Maintenance Facility Storage Building Replacement—Proposal: Mr. Pollock informed the Commission that a storage building at the maintenance facility needed some major repairs. He proposed removing the old building and erecting a new structure on the existing footprint, increasing the roof pitch from 4 to 7, adding an additional garage door and installing heat so the building could be used year-round for inside projects as well as equipment storage. He estimated that if the Land Bank staff built everything in house, the cost would range from $80,000 to $100,000; if a general contractor was hired the cost would be in the $180,000 range. Mr. Savetsky noted that he had walked the space and recommended moving forward with replacing the structure. Commissioner Jelleme recommended adding in floor heat and to design the replacement building with 3 bays as the additional cost would be minimal. A motion was made by Commissioner Reinhard and duly seconded by Commissioner Stackpole proceed with hiring an architect to begin the process. A roll call vote was taken on the motion: Mark Donato-Aye; Kristina Jelleme-Aye; Neil Paterson-Aye; Allen Reinhard-Aye; John Stackpole-Aye. Inquirer and Mirror Reporter, Brian Bushard entered the meeting via Zoom at 4:04 p.m. 2. Cathcart Beach and Parking Area Planning Discussion: Ms. Freeman presented a plan with the current ten space parking area and a concept plan to add fourteen additional spaces. Land Bank Commission Page 2 January 12, 2021 The concept plan was challenging due to the resource areas. Either side of the larger parking lot were up against the coastal bank and wetland areas. Discussion ensued and the Commission was in favor of increasing the size of the parking lot while doing so in an environmentally friendly way. Ms. Freeman said she would explore permitting the parking lot expansion. Mr. Pollock departed the meeting at 4:18 p.m. C. TRANSFER BUSINESS: 1. December 2020 Transfers—Record Nos. 42451 through 42707: The Commission reviewed transfers for the period of December 1, 2020 through December 31, 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. 42451 Marin Vasilev and Claudia Valle No. 42453 George Kelly and Emily Kelly No. 42478 James Cabral No. 42510 Cesar Moreno, Ariana Costakes and Riley Fusaro No. 42512 Jeremiah Stratman and Laura Stratman No. 42541 Sarah M. Higgins No. 42655 William W. Graves, III and Mary T. Graves b. Three-Year Ownership Non-Compliance—Payment/Release of Lien/No. 38251 Irakli Jibladze and Tsvetelina Benova: Ms. Campese explained that the purchasers had sold the property prior to the five-year ownership requirement and had paid the fee, penalty, and accrued interest. A motion was made by Commissioner Reinhard and duly seconded by Commissioner Stackpole to authorize the release of lien. 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 December 22, 2020 and the special meeting of January 6, 2021, 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. FINANCIAL BUSINESS: 1. Monthly Transfer Statistics: Monthly transfer statistics reports comparing calendar and fiscal years 2019 and 2020 through December 2020 were presented to the Commission. Ms. Campese explained that for the last several months the number of transfers had almost doubled the average in previous years, thereby doubling Ms. Wilson's workload. The Commission thanked Ms. Wilson for her efforts. 2. Warrant Authorization—Cash Disbursements: A motion was made by Land Bank Commission Page 3 January 12, 2021 Commissioner Stackpole and duly seconded by Commissioner Reinhard to execute the January 12, 2021 warrant document in the amount of$190,565.75 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. Debit Card—Policy Discussion: Ms. Campese told the Commission that increasingly staff were paying for Land Bank expenses on their personal credit cards because vendors would not accept check payments. Ms. Campese discussed the matter with the Land Bank auditors who recommended applying for a debit card linked to the operating account and adopting a strict usage policy. The auditor explained that there were greater financial controls using the debit card versus reimbursing employees. Ms. Campese said she would put together a policy for a future meeting and would report debit card expenditures on the cash disbursement warrant each meeting. A motion was made by Commissioner Stackpole and duly seconded by Commissioner Reinhard to authorize Ms. Campese to order a debit card for official Land Bank use as needed. 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. Action Items—Review: Ms. Bell stated that she had reached out to ACK Marine and landscaper, Julie Jordan about the Easy Street park schedule for spring completion. Plans continue to move forward for both the dog park and the Hays property as the applications will be before the Historic District Commission on Jan 26th meeting. Commissioner Reinhard requested signage for the Sanford Meadows parking area to inform the public of the correct property name. Ms. Bell reported that town counsel was drawing up a license agreement between the Town and the Land Bank for public parking and trailhead signage for the easement at the end of Hoicks Hollow Road for use as the starting location of the Coast-to-Coast Trail. Commissioner Jelleme asked that columns be added to the action item list that reflect the timelines and progress updates. Further, she requested that all ongoing projects be added to the list to avoid lengthy discussions at the meetings. Mr. Savetsky stated that Alan Costa was interested in bidding on the next management cycle for the golf courses. Ms. Freeman said that monitoring a backlog of 20 to 30 encroachments on Land Bank properties continues to be a challenge as her time is needed to complete additional projects and monitoring conservation restrictions. Mr. Savetsky said he was still working out details for hiring an operations/project manager. Commissioner Reinhard suggested outsourcing enforcement by contacting retired surveyor, Joel Marcklinger who may be interested in assisting with this matter. Mr. Bushard departed the meeting at 4:50 p.m. II. EXECUTIVE SESSION: A motion was made by Commissioner Reinhard 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)] 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 4 January 12, 2021 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 6:22 p.m. Attested to: �� 0,,,v-62- Mark Donato, e retary Accepted, Approved, and Released by the VOTE of the Commission this 26th day of January 2021. Neil Paterson, Chairman MONTHLY TRANSFER STATISTICS CALENDAR 2019 CAL19 Total Exempt Taxable Total Gross Gross 1 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 $91,479,6271 $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 $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 1 DEC 19 TOTALS 1036 561 475 $1,054,435,445 $995,584,930 $19,987,697 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 1 Revenue Month Transfers Transfers Transfers Value Value Taxable Received Jan-20 89 47 42 $109,790,691 $101,405,0241 $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-20 201 68 133 $373,250,751 $367,511,350, $7,359,923 Nov-20 121 40 81 $218,588,228 $214,313,827, $4,286,277 Dec-20 256 146 110 $307,862,539 $302,257,5391 $6,053,651 DEC 20 TOTALS 1282 597 685 $1,917,093,403 $1,873,545,642 $37,504,959 Average 107 50 57 $159,757,784 $156,128,804 $3,125,413 Low 36 18 18 $36,463,714 $34,508,714 $690,174 High 256 146 133 $373,250,751 $367,511,350 j $7,359,923 MONTHLY(UNAUDITED) MONTHLY TRANSFER STATISTICS FISCAL YEAR 2020 FY20 Total Exempt Taxable Total Gross Gross Revenue Month Transfers Transfers Transfers Value Value Taxable Received 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 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 $34,508,7141 $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 THRU DEC 20 601 321 280 $636,998,282 $602,778,260 $12,087,430 Average 78 43 35 $81,434,148 $77,281,761 , $1,549,611 Low 36 18 18 $36,463,714 $34,508,7141 $690,174 High 112 71 60 $139,977,450 $137,527,117', $2,759.542 MONTHLY TRANSFER STATISTICS FISCAL YEAR 2021 FY21 Total Exempt Taxable Total Gross Gross Revenue Month Transfers Transfers Transfers Value Value Taxable Received Jul-20 101 57 44 $137,529,158 $130,894,991 $2,617,900 Aug-20 104 49 55 $176,375,099 $171,288,9251 $3,435,779 Sep-20 159 42 117 $363,276,137 $362,676,137 $7,253,523 Oct-20 201 68 133 $373,250,751 $367,511,350 $7,359,923 Nov-20 _ 121 40 81 $218,588,228 $214,313,8271 $4,286,277 Dec-20 256 146 110 $307,862,539 $302,257,539 $6,053,651 Jan-21 _ Feb-20 Mar-21 Apr-21 May-21 — Jun-21 THRU DEC 21 942 402 540 $1,576,881,913 $1,548,942,769 $31,007,052 Average 157 67 90 $262,813,652 $258,157,128 $5,167,842 Low 101 40 44 $137,529,158 $130,894,991 $2,617,900 High 256 146 133 $373,250,751 $367,511,3501 $7,359,923 MONTHLY(UNAUDITED) DOCUMENTS AND EXHIBITS Nantucket Land Bank Commission Regular Meeting of January 12, 2021 1. Property Maintenance Building Replacement Request/photos 2. Chase Dock Photo 3. Cathcart Beach Parking Area—Aerial /topographical map 4. Monthly Transfer Report—December 2020 5. Current "M" Exemptions (see transfer business for record nos.) 6. "M" Release of Lien (see transfer business for record no.) 7. Fiscal Year Transfer Statistics and Graphs—December 2020 8. Calendar Year Transfer Statistics and Graphs—December 2020 9. NLB Financial Statements—December 2020 10. Check Warrant Summary dated January 12, 2021 TRANSFER BUSINESS Nantucket Land Bank Commission Regular Meeting of January 12, 2021 1. December 2020 Transfers—Record Nos. 42451 through 42707 a. Current "M" Exemptions and Liens: No. 42451 Marin Vasilev and Claudia Valle No. 42453 George Kelly and Emily Kelly No. 42478 James Cabral No. 42510 Cesar Moreno, Ariana Costakes and Riley Fusaro No. 42512 Jeremiah Stratman and Laura Stratman No. 42541 Sarah M. Higgins No. 42655 William W. Graves, III and Mary T. Graves 2. Transfer Update a. Three-Year Ownership Non-Compliance—Payment/Release of Lien No. 38251 Irakli Jibladze and Tsvetelina Benova