HomeMy WebLinkAbout2021-2-23 AGENDA
Nantucket Land Bank Commission
Regular Meeting of February 23, 2021 L ` ,'
Remote Participation via Zoom (see below*) 0�� ���
CALL TO ORDER: 4:00 P.M.
A. CONVENE IN OPEN SESSION
1. PUBLIC COMMENT/ STAFF ANNOUNCEMENTS
a. 15 Commercial Wharf—Building Disposal Discussion
2. GOLF BUSINESS
a. Sconset Golf Course—Manager's Monthly Review
b. Miacomet Golf Course—Manager's Monthly Review
3. PROPERTY MANAGEMENT
a. Coastal Resiliency Consultant—Proposal
4. APPROVAL OF MINUTES
a. Regular Meeting of February 9, 2021
5. TRANSFER BUSINESS
a. "M" Exemption Update—Release of Lien
6. FINANCIAL BUSINESS
a. Monthly Financial Report—January
b. Warrant Authorization— Cash Disbursement
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. 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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OFFICE OF THE GOVERNOR
two COMMONWEALTH CF MASSACHUSETTS
STATE HOUSE' BOSTON, MA 02133
(617) 725-4000
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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,I,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 C`i. L, o. 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
WI.ff'1REAS,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 arc
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;
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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 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
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
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
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
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 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
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.
Given in Boston ad,1 M this 12th day of
March,two thousand and twenty.
t
CHARLES D. BAKER
GOVERNOR
Commonwealth of Massachusetts
•
•
6
MINUTES
Nantucket Land Bank Commission
Regular Meeting of February 23, 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: Jesse Bell, Assistant Director; Susan Campese, Administrator/Finance
Manager; Marian Wilson, Assistant Administrator; Guthrie Diamond, Field Ecologist.
Miacomet Golf Course ("MGC") General Manager, Alan Costa; MGC Director of Agronomy,
Sean Oberly; and Inquirer and Mirror Reporter, Dean Geddes; Citizen, Bill Zeoli; 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: Ms. Bell stated that the Affordable
Housing Trust ("AHT") declined to accept the Land Bank's donation of the building located at 15
Commercial Wharf and the $86,479.20 to move the building to be utilized for year-round housing.
The reason given was AHT did not think they could meet the June 15th deadline set by the Land
Bank but asked to be considered under the same terms if the building was still available in the fall.
Discussion ensued about a possible extension to the AHT for a fall move in consideration of other
local parties who have also expressed interest. A motion was made by Commissioner Reinhard and
duly seconded by Commissioner Jelleme to authorize Ms. Bell to draft a Request for Proposals for
the removal of the house located at 15 Commercial Wharf with the request that language be
included expressing a preference for the building to be reused for year-round occupancy. 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. GOLF BUSINESS:
1. Sconset Golf Course ("SGC")—Manager's Monthly Review: The Commission
reviewed the balance sheet and profit and loss comparisons for January 2021.
2. Miacomet Golf Course ("MGC")—Manager's Monthly Review: The Commission
reviewed the balance sheet and profit and loss comparison for January 2021, as well as the check
register and departmental profit and loss summary for January 2021. Mr. Costa noted that MGC
Land Bank Commission Page 2
February 23, 2021
restaurant continued to show a profit throughout the month despite this being the off season. Mr.
Costa confirmed that he planned to meet with Matt Galvin, a golf industry consultant, at 1:00 p.m.
on Thursday, February 25th to discuss a more equitable tee time system for a fall implementation.
Mr. Costa, Mr. Oberly and Mr. Zeoli departed the meeting at 4:20 p.m.
C. PROPERTY MANAGEMENT:
1. Coastal Resiliency Consultant—Proposal: Ms. Bell summarized the Woods Hole
Group (WHG) proposal to educate the Commission and staff about coastal resiliency planning using
Washington Street as a case study. The WHG will investigate the present and future flood risks of
Washington Street and examine possibilities for incorporating nature-based solutions that build
resiliency while also enhancing public access, open space, and recreational opportunities along this
corridor. Their approach uses science-based information and a flood modeling program that was
developed for MassDOT to help the state with transportation planning. This program has predictive
capabilities that will help inform Land Bank decision-making with regard to future acquisitions and
project planning and should complement the Town's overall coastal resiliency planning effort. A
motion was made by Commissioner Stackpole and duly seconded by Commissioner Reinhard to
accept the proposal for services in the amount of$77,122.00. A roll call vote was taken on the
motion: Mark Donato-Aye; Kristina Jelleme-Aye; Neil Paterson-Aye; Allen Reinhard-Aye; John
Stackpole-Aye.
D. APPROVAL OF MINUTES: A motion was made by Commissioner Reinhard and duly
seconded by Commissioner Jelleme to accept, approve, and release the regular session minutes of
February 9, 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. 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. 37157 Timothy Feeney and Julija Mostykanova Fenney
No. 37166 Zofia M. Waig and Mark Crosby
No. 37181 Nickleen Faucher
No. 37182 Gilliam F. Lewis and Timothy J. Lewis
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:
Land Bank Commission Page 3
February 23, 2021
1. Monthly Financial Report: The Commission accepted the January 31, 2021
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 February 23,
2021 warrant document in the amount of$26,512.65 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.
Mr. Geddes departed the meeting at 4:28 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; John Stackpole-Aye; Neil
Paterson-Aye; Allen Reinhard-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 Stackpole, it was VOTED to adjourn at 5:16 p.m.
1
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Attested to: � � 1. �-- (12‘
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Att.," cs. ,
Accepted, Approved, and Released by the VOTE
of the Commission this 9th day of March 2021.
Neil Paterson,Chairman
2
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DOCUMENTS AND EXHIBITS
Nantucket Land Bank Commission
Regular Meeting of February 23,2021
1. Sconset Golf Course—Financial Reports January 2021
2. Miacomet Golf Course—Financial Reports January 2021
3. Woods Hole Group Consultant Proposal
4. "M" Releases of Liens (see transfer business for record nos.)
5. Land Bank Financial Statements—January 2021
6. Check Warrant Summary dated February 23,2021
TRANSFER BUSINESS
Nantucket Land Bank Commission
Regular Meeting of February 23, 2021
1. "M" Exemption Update:
a. Five-Year Domicile and Ownership Compliance—Releases of Liens:
No. 37157 Timothy Feeney and Julija Mostykanova Fenney
No. 37166 Zofia M. Waig and Mark Crosby
No. 37181 Nickleen Faucher
No. 37182 Gilliam F. Lewis and Timothy J. Lewis