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HomeMy WebLinkAboutMay 25, 2022 AGENDA Art.. � . Nantucket Land Bank Commission F Regular Meeting of May 25, 2021 '., Remote Participation via Zoom (see below*) • • ' - 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 3. PROPERTY MANAGEMENT a. 27 Easy Street—Event Request/Nantucket Community Sailing Model Boat Regatta b. Lily Pond Property —Wesco Place Easement c. 174 Orange Street/2 Milestone Road—Park Naming Discussion d. Ladies Beach—Wedding Ceremony Request (September 25, 2021) e. Goose Pond—Water Treatment Proposal f. Holly Farm/4 Polpis Harbor Road—Additional Kayak Rack Discussion g. Petrel Landing/17 Commercial Wharf—Request for Educational Shellfish Upweller Installation 4. APPROVAL OF MINUTES a. Regular Meeting of May 11, 2021 5. TRANSFER BUSINESS a. "M" Exemption Update—Release of Liens 6. FINANCIAL BUSINESS a. Monthly Financial Report—April b. Warrant Authorization— Cash Disbursement c. Warrant Authorization—Note #37 Hays 7. PERSONNEL BUSINESS a. Assistant Director—Promotion to Executive Director 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/1/91237031142?pwd=RXIgTk9FN FRhK2NPbVoORFZETkUxQT09 Meeting ID: 912 3703 1142 Passcode: 916761 One tap mobile +13017158592„91237031142#,,,,*916761# US (Washington DC) +13126266799„91237031142#,„,*916761# US (Chicago) Dial by your location +1 301715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) +1 646 558 8656 US (New York) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 669 900 9128 US (San Jose) Meeting ID: 912 3703 1142 Passcode: 916761 Find your local number: https://zoom.us/u/amznEspVF OFFICE OF THE GOVERNOR COMMONWEALTH OF MASSACHUSETTS STATE HOUSEBOSTON, MA 02133 (617) 725-4000 91* 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 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 interet-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; Pr nrau Olt 1lmruo Pugin 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 i 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 I. . be able to do so through remote means,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. t 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 / �M this 12th day of March,two thousand and twenty. C4J.4 CHARLES D.BAKER GOVERNOR • Commonwealth of Massachusetts • • • • • MINUTES Nantucket Land Bank Commission Regular Meeting of May 25, 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. Miacomet Golf Course ("MGC') General Manager, Alan Costa; MGC Director of Agronomy, Sean Oberly; Citizen, Bill Zeoli; Citizen, Judy Zurheide, and Inquirer and Mirror Reporter, Dean Geddes 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: None. B. GOLF BUSINESS: 1. Sconset Golf Course ("SGC") —Manager's Monthly Review: The Commission reviewed the balance sheet and profit and loss comparisons for April 2021. Mr. Costa noted that the newly hired golf professional was prepared for the upcoming season which will start May 28, 2021: tee times would be available by phone or online. 2. Miacomet Golf Course ("MGC") —Manager's Monthly Review: The Commission reviewed the balance sheet and profit and loss comparison for April 2021, as well as the check register and departmental profit and loss summary for April 2021. Mr. Costa emphasized that for the first time in MGC history the restaurant showed a net profit for the month of April. The shack will open for the season this weekend and the restaurant will begin serving lunch daily once staffing needs are reached. Mr. Costa, Mr. Oberly and Mr. Zeoli departed the meeting at 4:21 p.m. C. PROPERTY MANAGEMENT: 1. 27 Easy Street—Event Request/Nantucket Community Sailing Model Boat Land Bank Commission Page 2 May 25, 2021 Regatta: Ms. Bell presented a request from Nantucket Community Sailing, to utilize the Easy Street Park property for a Model Boat Regatta during Race Week in August. There would be approximately 50 people including skippers and spectators as boats are launched and operated remotely from the Easy Street bulkhead. The staff reviewed the details of the request and recommended an approval for this event which would take place on August 16, 2021 from 3:30 p.m. to 5:30 p.m. A motion was made by Commissioner Stackpole and duly seconded by Commissioner Donato to approve the Model Boat Regatta at the Easy Street Park on August 16. 2021 as recommended by staff. A roll call vote was taken on the motion: Mark Donato-Aye; Kristina Jelleme-Aye; Neil Paterson-Aye; Allen Reinhard-Aye; John Stackpole-Aye. 2. Lily Pond Property —Wesco Place Easement: Mr. Savetsky reviewed aerials and photos showing the Land Bank easement from Wesco Place through the Ziesing property at 6 Wesco Place. Mr. Savetsky informed the Commission that Mr. Ziesing had built a shed right in the middle of the easement and the footpath was currently partially outside of the easement and traversed two neighboring properties along the edge of wetlands. Mr. Ziesing recommended the Land Bank build a boardwalk through the wetlands and he could move his garbage bins and propane tank that were behind his shed and move the path entirely onto his property so the path would lead the public directly behind his shed. Discussion followed and the Commission favored the idea of Mr. Ziesing moving the shed to resolve the issue once and for all. A motion was made by Commissioner Reinhard and duly seconded by Commissioner Stackpole not to accept a solution that is predicated on being sandwiched between the property line and the existing shed. 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. 174 Orange Street/2 Milestone Road—Park Naming Discussion: Ms. Bell presented a list of potential names for the Hays Property and discussion ensued. The Commission generally favored the name Harborview Park and discussed the idea of recognizing Hays' contribution to the island with a plaque on the cottage,however they wanted more time to think about it and tabled voting an official name to a future meeting. 4. Ladies Beach— Wedding Ceremony Request (September 25, 2021): Ms. Bell informed the commission that this request had been previously approved however the wedding had been postponed due to COVID-19 restrictions last summer. Further, she reviewed the request from Katherine Risk to allow 40 chairs and driftwood arch to be set up at Ladies Beach for a simple wedding ceremony from 4:15 -5:00 p.m. on September 25, 2021. All guests planned to park at Bartlett's Farm prior to ceremony as the reception would take place at the farm afterwards. A motion was made by Commissioner Stackpole and duly seconded by Commissioner Donato to approve the wedding ceremony at Ladies Beach on September 25, 2021, as requested and recommended by staff. A roll call vote was taken on the motion: Mark Donato-Aye; Kristina Jelleme-Aye; Neil Paterson-Aye; Allen Reinhard-Aye; John Stackpole-Aye. 5.Goose Pond—Water Treatment Proposal: Ms. Freeman reviewed an aerial map of the Consue Springs wetland complex and stated that the Land Bank staff had performed water quality testing at the Goose Pond. The results showed that the dominant issues were an alga (Melosira) and very high phosphorous levels, both which can be treated by an algaecide and alum Land Bank Commission Page 3 May 25, 2021 treatment applications. Ms. Freeman explained that these issues were likely a product of the two stormwater outlets that enter the pond and created the unsightly result. She had received a proposal from SWCA for $14,000 that included preparing the Notice of Intent, management, and reporting results. A motion was made by Commissioner Reinhard and duly seconded by Commissioner Stackpole to approve the proposal as presented by Land Bank staff A roll call vote was taken on the motion: Mark Donato-Aye; Kristina Jelleme-Aye; Neil Paterson-Aye; Allen Reinhard-Aye; John Stackpole-Aye. Furthermore, Commissioner Reinhard inquired whether there were still plans to dredge the pond and increase the size of the culvert as a component of the upcoming Phragmites restoration. Ms. Freeman responded that is a Town project, and she planned to inquire about the timeframe. 6. Holly Farm/4 Polpis Harbor Road- Additional Kayak Rack Discussion: The Land Bank staff repaired the road and parking area at Holly Farm for the summer; additional permitting for more extensive repairs, including stormwater management, would be executed in the off season. Further, as per the Commission's request, the staff looked at possible locations for additional kayak and dinghy racks onsite. The parking area, path to the salt marsh, and single parking space close to the harbor were reviewed as options; building a third tier on the existing dinghy rack was also considered. The staff recommendation was to install a small rack system in the single parking space that is nearest to the harbor. The Commission expressed concerns that the single parking space is used as a turn-around for vehicles and asked what the next best alternative was. Ms. Freeman replied that putting a rack in the parking area seemed appropriate, however, she would appreciate feedback from others. Mr. Savetsky stated that he considered whether the carrying capacity of this area had been reached and if so, it may not be appropriate to add dinghy racks or expand the existing parking area. Commissioner Paterson commented that he would like to visit the property to review the possibilities and the Commission agreed a site visit would be worthwhile. Commissioner Donato asked why putting a third level on the existing rack was not recommended. Ms. Freeman responded that the height of the third level would make it challenging to use. Commissioner Jelleme added that liability may be an issue. The Commission planned to visit the property individually and revisit this topic at the next meeting. 7. Petrel Landing/17 Commercial Wharf- Request for Educational Shellfish Upweller Installation: Mr. Savetsky reviewed a proposal from the Nantucket Land Council who has partnered with the Massachusetts Oyster Project which involved Nantucket High School students constructing a six-silo oyster upweller that will be finished in fiberglass by Madaket Marine for public education programming in the summer of 2021. They inquired about installing the upweller on Land Bank property and selected Petrel Landing as the preferred location. Mr. Savetsky described the process of how it works by growing oysters which filter the sea water and return clean water to the harbor. Discussion ensued and the Commission favored the educational component and bringing people to an underutilized Land Bank property. Commissioner Jelleme requested educational signage to explain the project after installation. A motion was made by Commissioner Stackpole and duly seconded by Jelleme to approve the upweller installation at Petrel Landing. 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 Land Bank Commission Page 4 May 25, 2021 seconded by Commissioner Jelleme to accept, approve, and release the regular session minutes of May 11, 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. 37389 Jonathan G. Klatt and Sandra L. Klatt No. 37403 Donald D. Perkins No. 37412 Sarah T. Bois and Carl P. Bois, Jr. No. 37414 Kevin Marshall and John Buckey No. 37457 Douglas A. Quijada and Brenda Escobar-Quijada No. 37460 Charliston Pires 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 April 30, 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 May 25, 2021 warrant document in the amount of$314,846.62 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. Warrant Authorization—Note # 37 Hays: A motion was made by Commissioner Stackpole and duly seconded by Commissioner Reinhard to execute the May 27, 2021 warrant document in the amount of$1,333,333.33 to be provided to the county treasurer for payment of note #37. 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. PERSONNEL BUSINESS: 1. Assistant Director—Promotion to Executive Director: Chairman Paterson complimented Mr. Savetsky on his outstanding job as Executive Director of the Land Bank during the past 23 years. In recognition of his service to the Land Bank, the Commission planned to Land Bank Commission Page 5 May 25, 2021 purchase a tree of his choice to be placed on Mr. Savetsky's favorite Land Bank property with a plaque for his 23 years of service to the Land Bank. The Commission thanked Mr. Savetsky for his commitment to the Land Bank and wished him the best in his retirement effective June 11, 2021. Further, Mr. Savetsky recommended Ms. Bell moving into the position of Executive Director as they had worked closely over the past year planning a smooth turnover upon his retirement. He reiterated that after 13 years at the Land Bank in various positions, Ms. Bell was very capable of leading the staff and organization into the future. Additionally, Eleanor Antonietti had been hired as Ms. Bell's Executive Assistant and would bring a strong understanding of planning and zoning experience to her position. A motion made by Commissioner Stackpole and duly seconded by Commissioner Reinhard, to offer the position of Executive Director to Jesse Bell effective June 14, 2021. A roll call vote was taken on the motion: Mark Donato-Aye; Kristina Jelleme-Aye; Neil Paterson-Aye; Allen Reinhard-Aye; John Stackpole-Aye. Chapman Paterson and Commissioner Jelleme were appointed to a subcommittee to establish a salary for the Executive Director of the Land Bank and would report at the next Land Bank Meeting on June 8, 2021. Mr. Geddes and Ms. Zurheide 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 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. ADJOURNMENT: A motion was made by Commissioner Reinhard and duly seconded by Commissioner Jelleme, it was VOTED to adjourn at 6:24 p.m. A roll call vote was taken on the motion: Mark Donato-Aye; Kristina Jelleme-Aye; Neil Paterson-Aye; Allen Reinhard-Aye; John Stackpole-Aye. 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Nantucket Land Council Letter for Upweller project 8. GIS Map of Consue Springs 9. GIS Map of Holly Faint/4 Polpis Harbor Road Parking area/beach 10. Nantucket Land Council Upweller LBC Letter 11. "M" Releases of Liens (see transfer business for record nos.) 12. Land Bank Financial Statements —April 2021 13. Check Warrant Summary dated May 25, 2021 TRANSFER BUSINESS Nantucket Land Bank Commission Regular Meeting of May 25, 2021 1. "M" Exemption Update: a. Five-Year Domicile and Ownership Compliance—Releases of Liens: No. 37389 Jonathan G. Klatt and Sandra L. Klatt No. 37403 Donald D. Perkins No. 37412 Sarah T. Bois and Carl P. Bois, Jr. No. 37414 Kevin Marshall and John Buckey No. 37457 Douglas A. Quijada and Brenda Escobar-Quijada No. 37460 Charliston Pires