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HomeMy WebLinkAboutMar 14 AGENDA Nantucket Land Bank Commission Regular Meeting of March 14,2023 `1 �z l t `' Land Bank Conference Room,22 Broad Street l, *j Y" CALL TO ORDER: 4:00 P.M. P ¢. A. CONVENE IN OPEN SESSION 1. PUBLIC COMMENT/STAFF ANNOUNCEMENTS 2. PROPERTY MANAGEMENT a. 7 Nobadeer Farm Road—Nantucket Racquet Sports Association Plan Update b. Mt.Vernon Farm/166 Hummock Pond Road—Sustainable Nantucket Request for Farm Fresh Feast c. Property Naming—70 Miacomet Road(Ferreira) d. Dog Park/5 Miacomet Road—NiSHA Request e. Commercial Property Use Policy—Fee Thresholds/Amended Policy . 3. REGULAR BUSINESS a. Hinsdale Road—Deed Acceptance b. Magnolia Avenue—Deed Acceptance , c. 112 Orange Street—Acquisition Update 4. TRANSFER BUSINESS a. Current"M"Exemptions b. Current"0"Exemptions c. "M"Exemption Update-Release of Liens d. "0"Exemption Update—Release of Liens 5. APPROVAL OF MINUTES a. Regular Meeting of February 14,2023 6. FINANCIAL BUSINESS a. Monthly Transfer Statistics b. Monthly Financial Report-January c. Warrant Authorization—Cash Disbursement 7. COMMISSIONERS ADDITIONAL QUESTIONS AND CONCERNS 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. Ongoing Litigation Matters: a. Land Court Department Action No.20MISC000058: The Ceylon Elves,LLC v. . Nantucket Islands Land Bank Commission(3 &3B Wyer's Way) b. Land Court Department Action No.22 MISC 000409:Nantucket Islands Land Bank_v. Hunter S. Ziesing and Marcy E.Ziesing,Co-Trustees of the Lampoon Nominee Trust(6 Wesco Place) c. Suffolk Superior Court Docket No.2284CV02606: Richard Corey,Trustee of Twenty- { One Commercial Wharf Nominee Trust v.Massachusetts Department of Environmental Protection,Nantucket Islands Land bank,and Nantucket Conservation Commission. (Petrel Landing/17 Commercial Street) 3. Real Estate Acquisition C. ADJOURNMENT MINUTES Nantucket Land Bank Commission Regular Meeting of March 14, 2023 Land Bank Conference Room, 22 Broad Street Nantucket,Massachusetts CALL TO ORDER: 4:00 p.m. PRESENT: Mark Donato, Kristina Jelleme,Neil Paterson,Allen Reinhard. ABSENT: John Stackpole. STAFF PRESENT: Jesse Bell,Executive Director; Susan Campese,'Administrator/Finance Manager; Marian Wilson,Assistant Administrator; Eleanor Antonietti, Special Projects Coordinator. Nantucket Racquet Sports Association, Vice President, Thomas Dixon was also present at call to order. I. CONVENE IN OPEN SESSION: A. PUBLIC COMMENT/ STAFF ANNOUNCEMENTS: Ms. Wilson informed the Commission that staff was manning an informational table at the Science Fair at the High School on Saturday. The fair is organized by Maria Mitchell Association and is geared toward young children. Staff would offer fun activities and color sheets of native plants and animals. Ms. Bell said the table was organized by the Land Bank's new Communications&Outreach Coordinator, Emma Kantola who was very busy with various projects and doing an outstanding job. Sustainability Nantucket, Managing Director, Posie Constable entered the meeting at 4:05 p.m. B. PROPERTY MANAGEMENT: 1. 7 Nobadeer Farm Road—Nantucket Racquet Sports Association("NRSA") Plan Update: Mr. Dixon presented a revised conceptual plan that contemplated full build-out of the property. Ms. Bell said she requested the build-out plan so the project could be fully permitted, and that the procurement could be structured to be bid out and constructed in phases if necessary. Mr. Dixon said the priorities were adding four additional pickle courts,building a manager's hut and three synthetic grass tennis courts. In the future,there are plans to add three additional paddle courts and two padel courts, which is a new sport for all ages and is becoming very popular in Europe. The plan also includes additional parking, a practice area, and a green space for gatherings. Mr. Dixon said the membership model was very affordable and the only real benefits were league play, tournaments, and advance booking for play time. It was important to the NRSA to keep play affordable and open to the public. Further, Mr. Dixon thanked Ms. Bell and.Ms. Freeman for getting the project back on track and working closely with them to come up with a management plan for the expanded offerings. Upon a motion made by Commissioner Jelleme and duly seconded by 1 Commissioner'Reinhard, it was unanimously VOTED to approve the plan, move forward with permitting and pay for design services to develop construction bid specifications for the • Land Bank Commission Page 2 March 14,2023 riprocurement. • Mr. Dixon departed the meeting at 4:30 p.m. 2. Mt. Vernon Farm/166 Hummock Pond Road—Sustainable Nantucket Request for Farm Fresh Feast: Ms. Constable presented a request to hold the Farm Fresh Feast on the property on July 26t"with a cocktail hour and sit-down dinner, dancing and auction. She requested the use of the Gardner.Farm field for parking as done in prior years. Upon a motion made by Commissioner Donato•and duly seconded by Commissioner Jelleme, it was unanimously VOTED to approve the request: Ms. Bell said the license for Sustainable Nantucket was forthcoming at a future meeting and it included permission to hold the feast annually on the condition that the Commission would still have advance notice and approve the details of the event(e.g.,.date, scope, set up,parking, etc.) each year. Commissioner Jelleme asked about the status of the RFR for the remaining acreage on Mt. Vernon Farm and Ms. Antonietti explained that in talking with the farmers,they agreed it was too short a timeline to get anything planted in the ground for this year and the farmers would prefer to have additional time to put together their proposals. She and Ms. Freeman were taking more time to { perfect the RFR with proposals due back in the fall. 1 Ms. Constable departed the meeting at 4:40 p.m. 3. Property Naming—70 Miacomet Road(Ferreira): Upon a motion made by Commissioner Donato and duly seconded by Commissioner Reinhard,it was unanimously VOTED to name the property Miacomet Woods. 4. Dog Park/5 Miacomet Road—NiSHA Request: Ms. Antonietti presented a request from Nantucket Island Safe Harbor for Animals to set up a manned table on Saturdays from 10:00 a.m. to 2:00 p.m. in the Dog Park parking lot to offer free items from their pet pantry to the public. Upon a motion made by Commissioner Donato and duly seconded by Commissioner Jelleme, it was unanimously VOTED to approve the request. 5. Commercial Property Use Policy—Fee Thresholds/Amended Policy: Ms. Antonietti presented the amended policy that clarified certain uses and fees yet left open ' discretionary avenues for the Commission. Upon a motion made by Commissioner Jelleme and duly'seconded by Commissioner Reinhard, it was unanimously VOTED to adopt the amended policy and fee schedule as written. • C. REGULAR BUSINESS: 1. Hinsdale Road—Deed Acceptance: Ms. Bell explained that a portion of the paper road was able to be conveyed to the Land Bank and she was working with the Planning Director to receive the rest of the paper road. She said the Town had reserved the right to bury utilities, Land Bank Commission Page 3 March 14,2023 11 drainage systems and construct a bike or walking path. Further,the property could be used for open space or recreation and was conveyed as-is with multiple encroachments. Upon a motion made by Commissioner Jelleme and duly seconded by Commissioner Reinhard, it was unanimously voted to accept the deed. 2. Magnolia Avenue—Deed Acceptance: Ms. Bell presented a deed for the paper road that led to the ocean from Ocean Avenue. She explained that the Town had taken a public use easement over the railroad parcels for public use. Ms. Bell said that Ms. Freeman was ready to present an application for beach stairs before the Conservation Commission once the acquisition was complete and Sconset Trust would bring the stair design to the Historic District Commission and pay to rebuild the stairs. Upon a motion made by Commissioner Donato and duly seconded by Commissioner Reinhard, it was unanimously VOTED to accept the deed. 3. 112 Orange Street—Acquisition Update: Ms. Bell reported that the conveyance was scheduled for tomorrow and that the Town would receive the drainage easements from the seller prior to the closing. D. TRANSFER BUSINESS: 1. February 2023 Transfers—Record Nos. 45357 through 45417: The Commission reviewed transfers for the period of February 1,2023,through February 28, 2023. 2. Current"M"Exemption and Lien: Upon a motion made by Commissioner Jelleme and duly seconded by Commissioner Donato, it was unanimously VOTED to authorize the placing of a lien against the following property as a result of the purchaser claiming the "M" exemption as first-time buyer of real property: No. 45372 Maria Lucia Abreu 3. Current"0"Exemptions and Liens: Upon a motion made by Commissioner Jelleme and duly seconded by Commissioner Donato, it was unanimously VOTED to authorize the placing of liens against the following properties as a result of the purchasers claiming the"0" exemption as part of a deed-restricted affordable housing program: No. 45374 Nathaniel R. Leibowitz and Margaret M. McGovern No. 45401 Richard Ho-Shue and Kiki Ho-Shue No. 45402 Evelyn E. Dwyer 4."M"Exemption Update—Amended Lien: Upon a motion made by Commissioner Jelleme and duly seconded by Commissioner Donato, it was unanimously VOTED to authorize the issuance of an amended lien to correct the lien amount for the following transfer: 1 No. 42844 Adan A. Rodriguez Flores and Zoila Judith Flores De Estrada I 1 Land Bank Commission Page 4 March 14, 2023 5. "0"Exemption Update: a.Four-Year Domicile Non-Compliance—Notice of Assessment/Unsubordinated Lien: —No. 40322 Snezhana Ivanova: Ms. Campese reported that Ms. Ivanova had still not build a house on her land despite the extension of time given and that she was not responding to correspondence. Based on her failure to comply with the"actual domicile"requirement of the"0" exemption, Ms. Campese recommended voting a notice of assessment for the $2,800 fee, accrued interest of$1,689.96 and penalty of$700.Upon a motion made by Commissioner Jelleme and duly seconded by Commissioner Reinhard, it was unanimously VOTED issue a Notice of Assessment for the outstanding fee plus penalty and accrued interest since the date of the transfer and to execute an unsubordinated lien on the property. E. APPROVAL OF MINUTES: Upon a motion made by Commissioner Donato and duly seconded by Commissioner Jelleme it was unanimously VOTED to accept, approve, and release the regular session minutes of February 14, 2023, as written: F. FINANCIAL BUSINESS: 1. Monthly Transfer Statistics: Monthly transfer statistics reports comparing fiscal years 2022 and 2023,through February 2023 were presented to the Commission. 2. Monthly Financial Report-January: The Commission accepted the January 2023 financial report including the balance sheet and income statement previously provided by email. 3. Warrant Authorization—Cash Disbursements: Upon a motion made by Commissioner Reinhard and duly seconded by Commissioner Donato it was VOTED to execute the March 14,2023,warrant document in the amount of$465,226.43 to be provided to the County Treasurer. Commissioner Jelleme recused. G. COMMISSIONERS ADDITIONAL QUESTIONS AND CONCERNS: 1. Chairman Paterson said he had noticed that one of the neighbors to the property at 2 Hallowell Lane had edged and surfaced the Land Bank parking area and it now looked like private overflow parking for their home. Ms. Bell said she would have staff investigate it. Chairman Paterson said he was willing to donate a engraved rock stating it was Land Bank parking. 2. Commissioner Reinhard said he appreciated all the new trailhead signs, stating they were very helpful and that the design was of a high standard. Chairman Paterson asked that thanks be given to all the staff involved, in particular Tom Geras, Guthrie Diamond and Susan Campese. II. EXECUTIVE SESSION: Upon a motion made by Commissioner Jelleme and duly seconded by Commissioner Donato, it was unanimously VOTED to go into executive session in order to discuss the purchase, exchange, lease or value of real property, discuss pending litigation and review and approve executive session minutes. A roll call vote was taken: Donato-Aye; Jelleme-Aye; Paterson- Land Bank Commission Page 5 March 14, 2023 Aye; Reinhard-Aye. The Vice Chairman under Purpose 6 [G.L. c. 30A,21(a)(6)] declared that discussion of these matters in open session may be detrimental to the Land Bank's negotiating position; and under Purpose 3 [G.L. c. 30A, 21(a)(3)] for discussions concerning strategy with respect to ongoing litigation. The Vice 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 Donato and duly seconded by Commissioner Reinhard it was VOTED to adjourn at 6:45 p.m. Attested to: Lt. A len B. Reinhard,Vice Chairman Accepted, Approved, and Released by the VOTE of the Commission this 28th day of March 2023. Neil Paterson, Chairman • i '.MONTHLYTRANSFER STATISTICS,FISCAL YEAR 2022A [I FY22 Total Exempt Taxable Total Gross Gross Revenue Month Transfers Transfers Transfers Value Value Taxable Received Jul-21 86 34 52 $160,463,031 $156,448,031 $3,128,961 Aug-21 94 52 42 $147,307,536 $137,682,536 $2,753,651 Sep-21 120 41 79 $279,227,463 $277,117,463 $5,542,349 Oct-21 197 56 141 $582,600,629 $579,326,185 $11,586,524 Nov-21 129 56 73 $213,581,181 $210,102,666 $4,214,053 Dec-21 177 103 74 $312,971,054 $299,536,054 $5,990,721 Jan-22 81 42 39 $111,899,100 $97,499,100 $1,950,732 Feb-22 49 30 19 $64,634,159 $62,761,659 $1,254,483 Mar-22 93 58 35 $108,126,499 $89,777,499 $1,805,550 Apr-22 91 39 52 $208,684,710 $203,890,995 $4,085,810 May-22 85 50 35 $114,937,121 $107,212,121 $2,144,242 Jun-22 98 57 41 $130,698,457 $122,677,055 $2,453;541 THRU FEB22 933. 414 519 • • 1,872,684,153 1,820,473,694 36,421,474 Average 108 52 57 $202,927,578 $195,335,947 $3,909,218 Low 49 30 19 $64,634,159 $62,761,659 $1,254,483 High 197 103 141 $582,600,629 $579,326,185 $11,586,524 MONTHLY TRANSFER sTATISfrirts'FISC�AL NEAR 2023 f ' ' " „ : ....««..�M,.........,c......,.w..,xx,.a..:. : .,r.r....u..,.,..+n.�..ku l.. ...,,.,.s....n .,.::........b..-,..,.,.......,,..., a�:.,x....,...Mv.. :..-w...,x �,......x.w..»..m.f.,«waa ._,_'x L,...:„«._G....t a.4,.:.:.di:,:,..;......._ FY23 Total Exempt Taxable Total Gross Gross Revenue Month Transfers Transfers Transfers Value Value Taxable Received Jul-22 79 48 31 $124,164,276 $119,014,276 $2,387,886 Aug-22 81 57 24 $84,455,392 $70,037,323 $1,417,575 Sep-22 85 41 44 $199,748,058 $192,528,058 $3,850,561 Oct-22 97 38 59 $216,160,950 $206,610,950 $4,132,219 Nov-22 88 43 45 $186,319,400 $178,167,500 $3,563,350 Dec-22 117 59 58 $178,569,358 $165,994,358 $3,325,661 Jan-23 69 50 19 $105,949,500 $103,160,414 $2,063,208 Feb-23 61 48 13 $19,474,665 $17,669,500 $361,890 Mar-23 Apr-23 May-23 Jun-23 THRUFEB23 677 384' 293 $1,114,841,599 $1,053,182,379 $21,102,350 Average 85 48 37 $139,355,200 $131,647,797 $2,637,794 Low 61 38 13 $19,474,665 $17,669,500 $361,890 High 117 59 59 $216,160,950 $206,610,950 $4,132,219 1 • MONTHLY(UNAUDITED) NANTUCKET LAND BANK COMMISSION WORKSHEET UNAUDITED FINANCIAL REPORT as of January 31, 2023 STATEMENT OF ACCOUNTS-UNRESTRICTED FUNDS Dec YIELD Jan YIELD 12/31/2022 1/31/2023 Nantucket Bank/Operating Fund x8888 0.00 0.00 $45,452.70 $46,558.57 Nantucket Bank/Collection Account x7653 0.81 1.33 $28,957,686.59 $27,611,045.17 Nantucket Bank/Special CD x1135 matures 5/20/2023* 0.75 0.75 $5,079,804.16 $5,083,040.92 TOTAL UNRESTRICTED FUNDS: $34,082,943.45 $32,740,644.66 STATEMENT OF ACCOUNTS-RESTRICTED FUNDS Dec YIELD Jan YIELD 12/31/2022 1/31/2023 US Bank/Series A Bonds Reserve Fund/SC GS mature 12/1/278 2/15/32 MktVa! 2.93 2.93 $1,509,099.52 $1,511,026.36 US Bank/Series A Bonds Debt Service Fund x1o02 0.00 0.00 $20,910.80 $408,567.14 US Bank/Acquisition Fund x1oo3 0.00 0.00 $1.10 $1.10 Nantucket Bank/SHAC Escrow x7038 0.25 0.25 $22,011.67 $22,016.34 Nantucket Bank/NFRM Escrow x9058 0.25 0.25 -$10,012.61 $10,014.74 Nantucket Bank/CSMF(Industrial Pk Mitigation) Escrow x1457 . 0.25 0.25 $32,087.16 $32,093.97 Nantucket Bank/Nabalus Escrow x1473 - 0.21 0.25 $1,662.90 - $1,663.25 Nantucket Bank/MGC Golf Capital Reserve - 0.25 0.25 $84,733.00 $20,847.93 Nantucket Bank/SGC Capital Reserve 0.25 0.25 $604,208.99 $604,337.28 Nantucket Bank/NGM Management Reserve 0.25 0.25 $22,946.78 $25,035.21 Hingham Savings/Marble Reserve CD matures 10/2/2023 2.23 2.23 $229,107.22 $229,541.55 Citizens Bank/Verrill Dana Acquisition Escrow $100,000.00 $100,000.00 TOTAL RESTRICTED FUNDS: $2,636,781.75 $2,965,144.87 TOTAL FUNDS: $36,719,725.20 $35,705,789.53 BONDS: Principal Outstanding Payment Due Annual Payments 2012 Series A Issue $3,780,000 Principal and Interest due 2/15/23,Interest due 8/15/23 $426,862.50 (Final principal payment 2/15/2032) - 2016 Series A Refunding Bond $4,890,000 Principal and Interest due 12/1/23,Interest due 6/1/23 $1,056,700.00 (Final principal payment 12/1/2027) TOTAL BONDS: ' $8,670,000 TOTAL ANNUAL BOND PAYMENTS: $1,483,562.50 NOTES: Principal Outstanding Payment Due Annual Payments Marble Note#19 $1,700,00o Principal due 1/10/24 , $1,000,000.00 . Owen Notes $1,000,000.00 Interest of$25,768.60 due 3/9/23,6/9/23,9/9/23, 12/9/23 $103,074.40 TOTAL NOTES: $2,700,000 TOTAL ANNUAL NOTE PAYMENTS: $1,103,074.40 • TOTAL DEBT: $11,370,000 TOTAL ANNUAL DEBT PAYMENTS: $2,586,636.90 *A 12-month CD with the benefit of withdrawing at any time,if needed,without penalty. STATEMNTFY23 • DOCUMENTS AND EXHIBITS Nantucket Land Bank Commission Regular Meeting of March 14,2023 1. NRSA Plans for 7 Nobadeer Farm Road 2. NiSHA Request—Dog Park 3. Commercial Use Policy 4. Hinsdale Road Deed 5. Magnolia Avenue Deed 6. Monthly Transfer Report—February 2023 7. Current"M"Exemption(see transfer business for record no.) 8. "0"Exemptions Updates (see transfer business for record nos.) 9. "M"Exemption Update (see transfer business for record no.) 10. "0"Exemption Update—Notice of Assessment(see transfer business for record no.) 11. Fiscal Year Transfer Statistics and Graphs—February 2023 12. Land Bank Financials—January 2023 13. Check Warrant Summary dated March 14, 2023 d f i__ TRANSFER BUSINESS Nantucket Land Bank Commission Regular Meeting of March 14, 2023 1. February 2023 Transfers—Record Nos. 45357 through 45417 a. Current"M"Exemption and Lien: No. 45372 Maria Lucia Abreu b. Current"0"Exemptions and Liens: No. 45374 Nathaniel R Leibowitz and Margaret M. McGovern No. 45401 Richard Ho-Shue and Kiki Ho-Shue No. 45402 Evelyn E. Dwyer c. Amended Lien: No. 42844 Adan A. Rodriguez Flores and Zoila Judith Flores De Estrada 2. "0"Exemption Update: b. Four-Year Domicile Non-Compliance—Notice of Assessment: No. 40322 Snezhana Ivanova i