HomeMy WebLinkAboutMar 14 AGENDA
Nantucket Land Bank Commission
Regular Meeting of March 14,2023 `1
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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
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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.
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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.
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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,
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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
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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-
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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
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'.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
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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
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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
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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
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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
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