HomeMy WebLinkAboutMay 11, 2022 AGENDA
Nantucket Land Bank Commission
Regular Meeting of May 11, 2021
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Remote Participation via Zoom (see below*) V 4 C L Ir
2021 tiny 27 PM 1: 23
CALL TO ORDER: 4:00 P.M.
A. CONVENE IN OPEN SESSION
1. PUBLIC COMMENT/ STAFF ANNOUNCEMENTS
2. PROPERTY MANAGEMENT
a. Property Equipment—Request
b. 174 Orange St & 2 Milestone Rd—Hays Park Project Update
c. Miacomet Road—Dog Park Update
d. Easy Street Park—Project Update
e. Various Beach Stairs Repairs - Update
f. Cisco Beach—Mobile Food Vendor Proposals
3. TRANSFER BUSINESS
a. Current "M" Exemptions
4. APPROVAL OF MINUTES
a. Regular Meeting of April 27, 2021
5. FINANCIAL BUSINESS
a. Monthly Transfer Statistics
b. Warrant Authorization— Cash Disbursement
c. Warrant Authorization—Refunding 2016 Semi-Annual Bond Payment
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
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OFFICE OF THE GOVERNOR
COMMONWEALTH OF MASSACHUSETTS
STATE HOUSE• BOSTON, MA 02133
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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 tothe 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
WfmRLAS,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 DPFI 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
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assemblages as necessary to protect the health and safety of persons;and
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WHEREAS,low-cost telephone,social media,and other interpret-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 andimplementing 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 TITKREFOE,I hereby order the following: _
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(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 30Athat it conduct its meetings in i
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 i
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 I
body. Such means may include,without limitation,providing public access through telephone, j
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 f
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 E
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 0.L.c.30A, §20(d)and in l
940 CMR 29.10(4)(b),is hereby suspended. 1
(3) A public body that elects to conduct its proceedings under the relief provided in v
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 f
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. i
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This Order is effective immediately and shall remain hi effect until rescinded or until the
State of Emergency is terminated,whichever happens first,
Given in Boston ata i:1y
M this 12th day of
March,two thousand and twenty,
CAS--7
CHARLES D,BAKER
GOVERNOR
• Commonwealth of Massachusetts
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MINUTES
Nantucket Land Bank Commission
Regular Meeting of May 11, 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, Neil Paterson, Allen Reinhard, John Stackpole.
ABSENT: Kristina Jelleme.
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.
Dean Geddes and Brian Bushard, Inquirer and Mirror Reporters 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; Allen Reinhard-Aye; John Stackpole-
Aye; Neil Paterson-Aye.
A. PROPERTY MANAGEMENT:
1. Property Maintenance Equipment- Request: Mr. Savetsky presented a request
from the field crew to trade in the old T300 Bobcat and spare trailer for ($18,000) and purchase a
new T770 Bobcat Compact Track Loader for $70,378,14. A motion was made by Commissioner
Stackpole and duly seconded by Commissioner Reinhard to purchase the new machine for the
quoted amount of$52,623.14 which includes the $18,000 trade-in credit. A roll call vote was taken
on the motion: Mark Donato-Aye; Allen Reinhard-Aye; John Stackpole-Aye; Neil Paterson-Nay.
Mark Forsyth entered the meeting at 4:04.
B. PUBLIC COMMENT / STAFF ANNOUNCEMENTS: Mr. Forsyth announced that he
and several neighbors to 36B Lily Street planned to appeal the recent Historic District Commission
("HDC") approval of house plans submitted by Blue Flag Development. He inquired as to whether
the Commission would be in favor of supporting the neighbors' appeal since the Land Bank abutted
the property. Further, he stated that the neighbors had attended the HDC meeting and were not
given the chance to comment on the application. Discussion followed and Mr. Savetsky stated that
he would review the HDC minutes and video of the meeting. The Commission thanked Mr. Forsyth
for his comments.
Mr. Forsyth departed the meeting at 4:10 p.m.
Commissioner Jelleme entered the meeting at 4:12 p.m.
Land Bank Commission Page 2
May 11, 2021
C. PROPERTY MANAGEMENT:
1. 174 Orange St& 2 Milestone Rd—Hays Park Project Update: Mr. Savetsky
reported that the newer portion of the main house had been removed, preparation was underway for
the installation of the accessible paths, and two wells had been installed for irrigation.
Commissioner Paterson offered to donate an engraved boulder in recognition of Bill & Lucille
Hays' contribution to the island. Mr. Savetsky noted that the landscape architect would be advised
of the donation and will recommend a suitable location for the boulder in the landscape plan. Ms.
Bell suggested the Commission and staff brainstorm possible names for the property to be approved
at the next meeting.
2. Miacomet Road—Dog Park Update: Mr. Savetsky stated that Mr. Pollock had
finetuned the clearing of the lot and made some field adjustments to prepare for the parking lot and
concrete path installation. Ms. Freeman stated that she and Ms. Diamond were working to stake the
parking area for the contractor. The fence would be installed after the irrigation system was
completed.
3. Easy Street Park—Project Update: Mr. Savetsky informed the Commission that
most of the plants had been installed, as well as the steppingstone path and the Railroad sign would
be installed shortly. Further he anticipated that the park would be opened by Memorial Day
weekend. The Commission favored the idea of planning an official opening day for the Easy Street
Park; staff agreed to plan something and update the Commission at the next meeting.
4. Various Beach Stair Repairs—Update: Mr. Savetsky noted that Ms. Freeman had
received approval from the Conservation Commission for various beach stair projects including the
wooden stairs at Stones Beach which had fallen into disrepair and were being rebuilt by staff;
Footsteps beach stairs were also rebuilt and widened; and repairs to a small set of stairs at Settler's
Landing. Further, Ms. Freeman had ordered aluminum stairs in various sizes that would be installed
to improve beach access at Madequecham Beach and Cisco Beach at Westerwyck Drive.
5. Cisco Beach—Mobile Food Vendor Proposals: Ms. Bell reported that Nantucket
Beach Dogs had submitted the only proposal for the upcoming season at Cisco Beach by the
deadline. Further, she recommended that the Commission approve the proposal submitted by Mr.
Decker as he had been a consistent mobile vendor at Cisco Beach for many years. A motion was
made by Commissioner Stackpole and duly seconded by Commissioner Reinhard to approve the
request and allow "Nantucket Beach Dogs" to visit Cisco beach seven days a week with the
condition that a garbage receptacle would be provided, and the property always be left clean of any
trash or debris that might be caused by such use, and subject to the payment of the $350 permit fee
and further to allow the additional approval of two more vendors subject to review.. A roll call vote
was taken on the motion: Mark Donato-Aye; Allen Reinhard-Aye; John Stackpole-Aye; Neil
Paterson-Aye.
D. TRANSFER BUSINESS:
Land Bank Commission Page 3
May 11, 2021
1. April 2021 Transfers—Record Nos. 43041 through 43195. The Commission reviewed
transfers for the period of April 1, 2021 through April 30, 2021.
a. Current "M" Exemptions and Liens: The Commission authorized the placing of
liens against the following property as a result of the purchasers claiming the "M" exemption as first-time
buyers of real property:
No. 43044 Chad Jeremy Gingras
No. 43050 Hector Cosme Tejada and Sandra N. Interiano De Tejada and
Arnoldo Tejada
No. 43089 Levi McIntosh
No. 43128 Opinicon Nominee Trust
No. 43185 Steven Williams and Claire McElwain
E. APPROVAL OF MINUTES:
1. A motion was made by Commissioner Reinhard and duly seconded by
Commissioner Stackpole to accept, approve, and release the regular session minutes of April 27,
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.
F. FINANCIAL BUSINESS:
1. Monthly Transfer Statistics: Monthly transfer statistics reports comparing fiscal
years 2020 and 2021 through April 2021 were presented.
2. Warrant Authorization—Cash Disbursements: A motion was made by
Commissioner Donato and duly seconded by Commissioner Reinhard to execute the May 11, 2021
warrant document in the amount of$416,326.53 to be provided to the county treasurer. A roll call
vote was taken on the motion: Mark Donato-Aye; John Stackpole-Aye;Neil Paterson-Aye; Allen
Reinhard-Aye. Commissioner Jelleme abstained from the vote.
Commissioner Jelleme stated that she will continue to abstain from all discussions and voting on
items involving Toscana Corporation and she will abstain from any involvement and discussions
regarding Land Bank projects as an employee of Toscana Corporation, in order to avoid any
potential conflicts of interest.
3. Warrant Authorization—Refunding 2016 Semi-Annual Bond Payment: A motion
was made by Commissioner Reinhard and duly seconded by Commissioner Jelleme, to approve
payment and authorize staff to wire the Series A semi-annual bond payment of interest and principal
in the total amount of$99,525.00 from the Land Bank's Collection Account to the Bond Trustee at
U.S. Bank. A roll call vote was taken on the motion: Mark Donato-Aye; Kristina Jelleme-Aye; John
Stackpole; Neil Paterson-Aye; Allen Reinhard-Aye.
Land Bank Commission Page 4
May 11, 2021
Mr. Bushard departed the meeting at 4:48 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
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 5:30 p.m.
Attested to: 77
Mark Donat , Secrary
Accepted, Approved, and Released by the VOTE
of the Commission this 25th day of May 2021.
Neil Paterson, Chairman
MONTHLY TRANSFER STATISTICS FISCAL YEAR 2020
FY20 Total Exempt Taxable Total Gross Gross I Revenue
Month Transfers Transfers Transfers Value Value Taxable I 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 $34,508,714' $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 $50,331,5001 $1,012,480
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THRU APR 20 853 469 384 $869,778,458 $821,962,320 $16,471,111
Average 78 43 35 $81,434,148 $77,281,761 $1,549,611
Low 36 18 18 $36,463,714 $34,508,714, $690,174
High 112 71 60 $139,977,4501 $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 $171,288,925 $3,435,779
Sep-20 159 42 117 $363,276,1371 $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 $302,257,539, $6,053,651
Jan-21 118 60 50 $108,513,635' $102,961,135 $2,069,223
Feb-21 87 48 39 $107,677,305 $99,427,305 $1,988,546
Mar-21 125 62 63 $149,643,4081 $144,563,7481 $2,903,275
Apr-21 154 74 80 $253,758,427 $248,349,549 $4,980,991
May-21
Jun-21
THRU APR 21 1,426 646 772 $2,196,474,688 $2,144,244,507 $42,949,087
Average 143 65 77 $219,647,469 $214,424,451 ' $4,294,909
Low 87 40 39 $107,677,305 $99,427,305 $1,988,546
High 256 146 133 $373,250,751 $367,511,350 $7,359,923
MONTHLY(UNAUDITED)
DOCUMENTS AND EXHIBITS
Nantucket Land Bank Commission
Regular Meeting of May 11, 2021
1. Cisco Beach Mobile Vendor-Nantucket Beach Dogs Proposal
2. Monthly Transfer Report—April 2021
3. Current"M" Exemptions (see transfer business for record nos.)
4. Fiscal Year Transfer Statistics and Graphs—April 2021
5. Check Warrant Summary dated May 11, 2021
6. Refunding 2016 Series A Bond Warrant
TRANSFER BUSINESS
Nantucket Land Bank Commission
Regular Meeting of May 11, 2021
1. April 2021 Transfers—Record Nos. 43041 through 43195
a. Current "M" Exemptions and Liens:
No. 43044 Chad Jeremy Gingras
No. 43050 Hector Cosme Tejada and Sandra N. Interiano De Tejada and
Arnoldo Tejada
No. 43089 Levi McIntosh
No. 43128 Opinicon Nominee Trust
No. 43185 Steven Williams and Claire McElwain