HomeMy WebLinkAbout2021-4-7 AGENDA
Nantucket Land Bank Commission ,
Regular Meeting of April 27, 2021 C
Remote Participation via Zoom (see below*)
2021 HAI' 2 ; AM 7: 44
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
3. PROPERTY MANAGEMENT
a. Maxcy Pond/204 Cliff Road—Improvement Project Update
b. Wood Property/55 Warrens Landing Road—Improvement Project Update
c. Land Bank Properties—Vote to Amend Dog Ban
4. APPROVAL OF MINUTES
a. Regular Meeting of April 13, 2021
5. TRANSFER BUSINESS
a. "M" Exemption Update—Release of Liens
6. FINANCIAL BUSINESS
a. Monthly Financial Report—March
b. Warrant Authorization— Cash Disbursement
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; 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
ADJOURNMENT
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OFFICE OF THE GOVERNOR
COMMONWEALTH OF MASSACHUSETTS
g STATE HOUSE•BOSTON, MA 02133
Mi (617) 725-4000
_
Wirg
CHARLES D. BAKER KARYN E.POLITO
GOVERNOR LIEUTENANT GOVERNOR
ORDER SUSPENDING CERTAIN PROVISIONS
013 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 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
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 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
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Attorney General currently authorize remote participation by members of a public body,subject
•
to certain limitations;
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®PT...tllrttu0 PMIS
•
•
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 means,as if the patty 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 at 1 1-YM this 12th day of
March,two thousand and twenty.
CHARLES D.BAKER
GOVERNOR
• Commonwealth of Massachusetts
•
•
MINUTES
Nantucket Land Bank Commission
Regular Meeting of April 27, 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; Rachael Freeman, Environmental Coordinator; Marian
Wilson, Assistant Administrator; Jeffrey Pollock, Property Foreman.
Miacomet Golf Course ("MGC") General Manager, Alan Costa; MGC Director of Agronomy,
Sean Oberly; Citizen, Bill Zeoli; and Inquirer and Mirror Reporter, Brian Bushard were also
present at call to order.
I. CONVENE IN OPEN SESSION: A motion was made by Commissioner Reinhard and duly
seconded by Commissioner Jelleme 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: Bill Zeoli complimented Mr. Costa, Mr.
Oberly and the NGM, Inc. staff on the success of the 2020 golf seasons at Miacomet Golf Course
and Sconset Golf Course despite the challenges created by COVID-19 restrictions. He stated that as
a winter and summer member he greatly appreciated being able to play golf at both courses and
thanked the Commission for keeping golf rates affordable.
B. GOLF BUSINESS:
1. Sconset Golf Course ("SGC")—Manager's Monthly Review: The Commission
reviewed the balance sheet and profit and loss comparisons for March 2021. Mr. Costa noted that
they have hired Mike Habrel, Head PGA Professional, to be the new manager for the upcoming
season.
2. Miacomet Golf Course ("MGC")—Manager's Monthly Review: The Commission
reviewed the balance sheet and profit and loss comparison for March 2021, as well as the check
register and departmental profit and loss summary for March 2021. Mr. Costa noted that the golf
simulator has been installed but was not fully operational therefore the revenue was behind the budget
to date, however the simulator would begin generating revenue on May 3`d. Mr. Oberly requested a
meeting of the Golf Capital Planning Workgroup be held on May 5, 2021.
Land Bank Commission Page 2
April 27, 2021
3. Warrant Authorization - Golf Capital Funds Transfer Request: A motion was made
by Commissioner Stackpole and duly seconded by Commissioner Reinhard to execute the April 27,
2021 warrant document in the amount of$395,239.18 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. Costa, Mr. Oberly and Mr. Zeoli departed the meeting at 4:33 p.m.
C. PROPERTY MANAGEMENT:
1. Maxcy Pond/204 Cliff Road/Improvement Project Update: Ms. Freeman presented
an aerial map of the Maxcy Pond property with plans for improvements including pond access
points, sitting areas, and Land Bank post markers. Further, she reviewed locations for the mowed
parking areas, split rail fence, and the old parking area which will be revegetated. Commissioner
Jelleme recommended 6- to 8-foot-wide trails for the pond access points to accommodate fishing
gear for anglers. Commissioner Stackpole suggested contacting the Harbor Master, Sheila Lucey, to
confirm the requirements of emergency boat access and how it might affect plans for property
improvement.
2. Wood Property/55 Warrens Landing Road—Improvement Project Update: Ms.
Freeman informed the Commission that staff was planning improvements to the property that
included opening up view sheds and delineating the parking area. Discussion followed regarding
whether the use of split rail fencing, or wooden posts was necessary to define the parking area. Mr.
Pollock suggested installing a few dummy posts to provide a visual aid for the Commission before
finalizing the parking area.
3. Land Bank Properties —Vote to Amend Dog Ban: Ms. Bell reviewed Mr. Daily's
request to amend the ban and allow him to walk his dogs on Land Bank south shore properties. She
presented a map of the recommended properties and said the restrictions in place with the town would
be applicable to the Land Bank properties. A motion was made by Commissioner Jelleme and duly
seconded by Commissioner Stackpole to amend the ban and allow Mr. Daily to regain access to the
Land Bank's south shore beach parcels from 5:30 - 6:30 am, contingent upon Mr. Daily staying in
compliance with the requirements of the Select Board's amended order of July 23, 2020, subject to a
six-month review. 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
April 13, 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:
Land Bank Commission Page 3
April 27, 2021
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. 37319 Susan M. Rezendes and David Rezendes
No. 37330 Michael A. Hajjar and Melanie A. Hajjar
No. 37337 Christopher Andrews
No. 37342 Eric C. Anderson and Audrey E. Anderson
No. 37358 Matthew Hill and Leah Cabral
No. 37382 Svetlomir Aleksiev
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 March 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 Reinhard and duly seconded by Commissioner Stackpole to approve and execute the
April 27, 2021 warrant document in the amount of$200,778.36 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. Bushard departed the meeting at 5:10 p.m.
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, discuss litigation 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)]; and for Purpose 3 [G.L. c. 30A, 21(a)(3)], 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 Jelleme, it was VOTED to adjourn at 6:30 p.m.
P
Attested to: ,
Mar Donato, Sec tary
Land Bank Commission Page 4
April 27, 2021
Accepted, Approved, and Released by the VOTE
of the Commission this 11th day of May 2021.
Neil Paterson, Chairman
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DOCUMENTS AND EXHIBITS
Nantucket Land Bank Commission
Regular Meeting of April 27, 2021
1. Sconset Golf Course—Financial Reports March 2021
2. Miacomet Golf Course—Financial Reports March 2021
3. Check Warrant Summary dated April 27, 2021- Capital Funds
4. Miacomet Photographs for Restaurant/ Clubhouse
5. Maxcy Pond GIS Maps / Conceptual Plan
6. Wood Property Photograph - Parking Area
7. Frank Daily Draft Motion
8. "M" Releases of Liens (see transfer business for record nos.)
9. Land Bank Financial Statements—March 2021
10. Check Warrant Summary dated April 27, 2021
TRANSFER BUSINESS
Nantucket Land Bank Commission
Regular Meeting of April 27, 2021
1. "M" Exemption Update:
a. Five-Year Domicile and Ownership Compliance —Releases of Liens:
No. 37319 Susan M. Rezendes and David Rezendes
No. 37330 Michael A. Hajjar and Melanie A. Hajjar
No. 37337 Christopher Andrews
No. 37342 Eric C. Anderson and Audrey E. Anderson
No. 37358 Matthew Hill and Leah Cabral
No. 37382 Svetlomir Aleksiev