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HomeMy WebLinkAbout2015-8-8AGENDA Nantucket Land Bank Commission Special Meeting of August 18, 2015 Land Bank Conference Room, 22 Broad Street - - Nantucket, Massachusetts CALL TO ORDER: 9:00 A.M. A. PROPERTY MANAGEMENT 1. 40th Pole /Cru Employee Clambake Request — Monday, September 7, 2015 B. GOLF BUSINESS 1. Ethics Commission — Update 2. Miacomet Clubhouse — Planning Workshop ADJOURNMENT MINUTES Nantucket Land Bank Commission Special Meeting of August 18, 2015 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER: 9:02 a.m. PRESENT: Gardner, Glidden, Paterson, Reinhard, Stackpole. STAFF PRESENT: Eric Savetsky, Executive Director; Jesse Bell, Assistant Director, Susan Campese, Administrator /Finance Manager; Marian Wilson, Assistant Administrator. ALSO PRESENT: Lindsay Pykosz, The Inquirer and Mirror reporter. A. GOLF BUSINESS: 1. State Ethics Commission ( "SEC ") Discussion: Referring to an email from General Counsel, Deirdre Roney of the State Ethics Commission and Land Bank counsel, Valerie Swett, Mr. Savetsky informed the Commissioners that due to possible conflicts of interest and lack of quorum the clubhouse planning discussion on the agenda may have to be tabled, as according to the email the Rule of Necessity was not available to the Commission per the State Ethics Commission. Mr. Savetsky further explained that his reason for initiating the discussions with Ms. Swett and the State Ethics Commission stemmed in part from the recent comments from the newspaper articles about the Land Bank Commissioners and the Miacomet Golf Clubhouse as well as the State Ethics webinar that Land Bank Commissioners and staff attended on July 1, 2015. He was following up on questions raised by the Commission at that webinar. Commissioner Glidden informed the Commission that he had contacted the State Ethics Commission upon becoming a Land Bank Commissioner to confirm any potential Conflict of Interest scenarios that he could encounter as a Miacomet Golf member and as an attorney relative to his role as an elected Land Bank Commissioner. Further, after a six week wait, he had received a call yesterday from a State Ethics Commission counselor and after an hour conversation it was determined that Commissioner Glidden would provide more information before any opinion was provided. Commissioner Stackpole suggested that the Land Bank should contact an attorney to confirm answers to ethics questions that would directly affect the Commissioners' ability to discuss and vote on a variety of topics pertaining to the Miacomet Golf Club and additional items. Commissioner Glidden explained that he was a charter member as was Commissioner Stackpole and as such their rates were fixed for life and therefore they had no conflict of interest in the voting of rates. Commissioner Gardner wanted clarification regarding voting the budget and how it relates to setting restaurant prices, etc and if that was a conflict. Commissioner Paterson, who plays golf a Land Bank Commission Page 2 August 18, 2015 few times per year, questioned whether he would have a conflict in voting on the greens fees. B. PROPERTY MANAGEMENT: 1. 401h Pole /Cru Employee Clambake Request — Tuesday, September 8, 2015: Ms. Bell presented a request from Nantucket Catering Company for a staff party for Cru Restaurant at 401h Pole on Tuesday, September 8, 2015 from 4:00 p.m. to 8:30 p.m. for 60 people and ten staff. Further, Cru was providing shuttle service to the beach. Upon a motion made and duly seconded, it was unanimously VOTED to approve the request. C. GOLF BUSINESS: Continued. Land Bank Counsel, Valerie Swett entered the meeting via speakerphone at 9:29 a.m. Mr. Savetsky informed Ms. Swett that Commissioners Glidden and Stackpole's membership dues were fixed and Ms. Swett explained that this fact eliminated their conflict of interest regarding voting the rates. Ms. Swett recapped her conversations with general counsel of the State Ethics Commission and summarized their analysis in two parts. Firstly, The Commissioners are municipal employees for purposes of the conflict of interest law. The applicable section of the law is Section 19, which prohibits municipal employees from participating as such in particular matters in which they have a financial interest. She reiterated that the State Ethics Committee discerns each item on a case by case scenario due to the fact that the conflict of interest may influence a policy decision or a commissioner's personal interest. Secondly, Ms. Swett explained that amenities, such as a new clubhouse, could be a conflict of interest for Commissioners if it causes their dues to change and /or if it provides a new service that they would currently have to purchase elsewhere. Ms. Swett recommended that each Land Bank Commissioner contact the State Ethics Commission with questions pertaining to themselves on the Commission and any potential conflicts of interest as they will be held personally liable for any infraction to the rules. Commissioner Gardner also stated that there was no question that the Land Bank Commission wanted to do the right thing when deciding on spending the Land Bank funds. In order to do that wisely, the Commissioners must know the answers to several questions pertaining to the Conflict of Interest Laws. Ms. Swett asked the Commissioners if they would like her to work up a list of questions to ask the State Ethics Commission and surmised that the written answers should provide a road map to assist them in how to best proceed with plans for the Miacomet Golf clubhouse improvement decisions. Mr. Savetsky and Ms. Swett agreed that the Miacomet Golf Clubhouse Committee meetings could continue as it was an advisory group with no voting power however the Commissioners should refrain from further discussions regarding this project and participation in the framing of the issue is in violation of the Conflict of Interest law. Commissioner Glidden stated he would not participate in the Committee until these questions are resolved. Ms. Bell inquired if there was a need to halt the Request for Qualifications that is underway for Land Bank Commission August 18, 2015 Page 3 phase one of the Master plan for improvements to the Miacomet Golf Clubhouse building. Ms. Swett assured Ms Bell that there is no need to stop the request for qualifications because the Commission can delay the vote if necessary. However, the Miacomet Clubhouse Committee could continue to review the information acquired through the RFQ process. Commissioner Glidden requested that Ms. S Commission that can be emailed to Eric for Ms. Swett departed the meeting via ift specific questions for the State Ethics by the Commissioners. ne at 10:05 a.m. ADJOURNMENT: Upon a motioA made and duly seconded, it was VOTED to adjourn at 10:10 a.m. Attested to: Richard Glidden. Secretary Accepted, Approved, and Released by the VOTE of the Commission this 25th day of August, 2015. ""—A - PUJL-- A n B. Rei ard, Chairman DOCUMENTS AND EXHIBITS Nantucket Land Bank Commission Special Meeting of August 18, 2015 1. Emails — State Ethics and Valerie Swett 2. MGC Clubhouse Memorandum — Answers from Individual Commissioners