HomeMy WebLinkAbout2023-1-24 AGENDA
Nantucket Land Bank,Commission
Regular Meeting of January 24, 2023 c=a W
Land Bank Conference Room 22 Broad Street
rn hy�
vi .
CALL TO ORDER: 4:00 P.M.
A. CONVENE IN OPEN SESSION
1. PUBLIC COMMENT/ STAFF ANNOUNCEMENTS
2. AGRICULTURAL PROPERTY MANAGEMENT
a. 19 Wauwinet Road/Eat Fire Spring—Agricultural Responses Received
b. Agricultural Logo -Proposal
3. PROPERTY MANAGEMENT
a. ACK Trails—Demonstration
b. Employee Housing Improvements Proposals
i. 14 Cathcart Road
ii. 166 Hummock Pond Road
iii. 125 Somerset Road-Farmhouse
c. Miacomet Pond Dredging—Design&Engineering Cost Sharing Request
d. Dog Park Incident—Recommended Response
e. Property Naming-Discussion
4. GOLF BUSINESS
a. Sconset Golf Course—Manager's Monthly Review(Nov/Dec)
b. Miacomet Golf Course—Manager's Monthly Review(Nov/Dec)
c. Warrant Authorization—Golf Capital Funds Transfer Request
d. Golf Capital Committee—Recommendations
5. REGULAR BUSINESS
a. Land Bank Representation on NP&EDC - Request for Support Letter
6. TRANSFER BUSINESS
a. "M"Exemption Update—Release of Liens
b. "0"Exemption Update—Release of Liens
7. APPROVAL OF MINUTES
a. Regular Meeting of January 10, 2023 •
b. Special Meeting of December 12; 2022
8. FINANCIAL BUSINESS.
a. Monthly Financial Report—December
b. Warrant Authorization—Cash Disbursement
c. Warrant Authorization--2012 Series A Semi-Annual Bond Payment
9. 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)J, 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
— N
Nantucket Land Bank Commission ..
Regular Meeting of January 24, 2023J.N.
rn
Land Bank Conference Room, 22 Broad Street rra
Nantucket, Massachusetts
0
CALL TO ORDER: 4:00'p.m. ?)
r ? t :
PRESENT: Mark Donato,Kristina Jelleme,Allen Reinhard,John Stackpole,Neil Paterson e
STAFF PRESENT: Jesse Bell, Executive Director; Susan Campese,Administrator/Finance
Manager; Eleanor Antonietti,,Special Projects Coordinator; Marian Wilson, Assistant
Administrator; Rachael Freeman, Director of Environmental and Agricultural Resources; Guthrie
Diamond,Field Ecologist Coordinator; Emma Kantola, Communications & Outreach Coordinator.
Farmer, Dan Southey; Farmers, Dylan Wallace and Caroline Borrelli; Town of Nantucket, Natural
Resources Director, Jeff Carlson; NCF Interpretive Education Coordinator/Ecologist, Neil Foley;
Architect, Ethan Griffin; and Nantucket Currents, Editor and Chief Jason Graziadei were also
present at call to order.
I. CONVENE IN OPEN SESSION:
A. PUBLIC COMMENT/ STAFF ANNOUNCEMENTS:
1. Ms. Bell introduced a new hire,.Emma Kantola,who started in the new position of
Communications & Outreach Coordinator at the beginning of the year. The Commission welcomed
her to the Land Bank.
2. Ms. Bell reminded the Commission that the holiday party was scheduled for
Friday, January 27th at the maintenance facility.
B. AGRICULTURAL PROPERTY MANAGEMENT:
1. 19 Wauwinet Road/Eat Fire Spring —Agricultural Responses Received: Ms. Bell
reported that the committee had received three very different but well thought out proposals for the
farm. She said the committee had a robust discussion about each and interviewed the top two. She
said there would be future opportunities for licenses including land at Mt. Vernon Farm that she
encouraged the other two applicants to submit proposals for. Ms. Bell said the evaluation committee
recommended the Commission grant the license to Aiden and Natasha Feeney of Fog Town Farm.
Upon a motion made by Commissioner Reinhard and duly seconded by Commissioner Stackpole, it
was unanimously VOTED to grant the five-year license to Fog Town Farm.
Mr. Wallace and Ms. Borrelli departed the meeting at 4:10 p.m.
2. Agricultural Logo—Proposal: Ms. Bell presented a proposal for$6,600 from a
j graphic designer to create a logo for Land Bank agricultural initiatives. The logo would be used on
Land Bank Commission Page 2
January 24, 2023
various promotional materials and farm products that are grown on Land Bank land. Upon a motion
made by Commissioner Jelleme and duly seconded by Commissioner Stackpole, it was
unanimously VOTED to approve the proposal for logo design services.
C. PROPERTY MANAGEMENT:
1. ACK Trails—Demonstration:Ms. Diamond presented a demonstration of how the
ACKTrails application worked. Ms. Kantola presented usage data and engagement with the
application which showed the Coast-to-Coast Trail as the top visited trail and Head of the Plains
and Stump Pond Preserve in the top five properties visited. Further,the application continues to
gain users and Ms. Diamond along with Mr. Foley are working with the developers to add
additional trails and educational information. The Commission thanked Ms. Diamond and Ms.
Kantola for their presentation.
Ms. Diamond, Ms. Kantola, Mr. Foley, and Mr. Southey departed the meeting at 4:30 p.m.
2. Employee Housing Improvements Proposals:
a. 14 Cathcart Road: Mr. Griffin presented a scope with options for repairs
and upgrades to the building. Items that needed to be addressed right away in order for summer
occupancy were hooking up the building to town sewer, replacing the front,door, painting and
cleaning. In the fall additional improvements could begin, such as upgrading the heating and
cooling systems, replacing the garage and entry door,replacing gutters, sanding down the exterior
trim to be left to weather and replacing the roof.
b. 166 Hummock Pond Road: Mr. Griffin presented a scope of necessary
work to upgrade the house for occupancy. The septic system needed to be replaced with an IA
system and he recommended connecting to town water rather than replacing the water filtration
system. In addition,the windows,'doors, roof and sidewall needed replacement, as did the front
porch that could be replaced with a hardscape patio which would require less maintenance. Further,
the interior needed paint, carpets needed to be replaced(or floors finished) and the kitchen cabinets
and appliances needed to be replaced,however the appliances and cabinets from 76 Millbrook Road
could be salvaged and utilized for this. Additionally,he presented two options to move the driveway
to the front of the lot, which would create a more private residential area and free up the back
portion of the lot for other uses.
c. 125 Somerset Road-Farmhouse: Mr. Griffin presented plans to construct
a two-bedroom one bath apartment in the farmhouse basement. A second exterior egress was also
required as are two additional window wells on the front of the house.
Mr. Griffin said he could calculate some rough estimates but suggested talking to a contractor to
advise. The consensus of the Commission was to authorize staff to continue advancing the projects.
Mr. Griffin departed the meeting at 4:45 p.m.
,
•
Land Bank Commission Page 3
January 24, 2023
3. Miacomet Pond Dredging—Design&Engineering Cost Sharing Request: Mr.
Carlson explained that after an extensive study, it was determined that excess nutrients that were
negatively impacting the water quality of the pond were coming from the sediment at the bottom of
the pond. Therefore,they had requested and received$300,000 at the Annual Town Meeting for
design and engineering to dredge the pond. However,the most qualified proposal came in over their
appropriation at$369,100. Accordingly,he stated the Town was requesting the Land Bank make up
the shortfall as the Land Bank frontage made up 52 percent of the shoreline. Ms. Bell pointed out
that there would be an opportunity to fold in a separate design proposal from the same team to
create.improved recreational boating access to the pond as part of the project. Upon a motion made
by Commissioner Stackpole and duly seconded by Commissioner Reinhard, it was unanimously
VOTED to pay $69,100 towards the design and engineering costs of the project.
•
Mr. Carlson departed the meeting at 5:04 p.m.
NGM, Inc. General Manager, Sean Oberly entered the meeting at 5:04 p.m.
4. Dog Park Incident—Recommended Response: Ms. Bell reported there had been a
dog fight at the park which escalated into a fight between owners. The police were called, and a
report filed. Ms. Bell spoke to someone at the police who said the Land Bank was not judge and
jury so they recommended a letter be sent to both parties warning them that such behavior would
not be tolerated at the park and if there were further incidents,the Land Bank would work with the
police to issue a no trespass order. Upon a motion made by Commissioner Donato and duly
seconded by Commissioner Stackpole, it was unanimously VOTED to send each party a letter as
recommended by the police.
5. Property Naming—Discussion: Ms. Campese included a list in the Commission's
packet of names Commissioner Reinhard had recommended for various properties. Ms. Bell
suggested tabling the discussion so staff could do some historical research on some of the
properties. The consensus of the Commission was they wanted more time to come up with names as
well and to thank Commissioner Reinhard for working so hard to get all the properties named.
D. GOLF BUSINESS:
1. Sconset Golf Course—Manager's Monthly Review(Nov/Dec): Mr. Oberly said he
had nothing to report as the course was closed.
2. Miacomet Golf Course—Manager's Monthly Review(Nov/Dec): Mr. Oberly
reported that the course had a record setting year for rounds and covers, despite the restaurant not
being open as much as planned. He explained that the accountant still needed to make.adjustments
for inventory, so the numbers were not final. He said overall the bottom line was good even though
several line items were over budget. He expected the upcoming year's budget to be more accurate
as he and Mr. Galvin were meticulous in planning. Further, he was expecting the restaurant to be
fully staffed in the back of the house due to the H2B Visa program which would allow the
restaurant to be open for lunch seven days a week and five days a week for dinner. Ms. Bell
reported that the Town now required that the liquor licenses for MGC and SGC be in the Land
Bank's name rather than the management company, however the manager would also be listed. Ms.
•
Land Bank Commission Page 4
January 24, 2023
Bell said she had the applications in hand and would execute them for submittal.
3. Warrant Authorization—Golf Capital Funds Transfer Request: Upon a motion
made by Commissioner Stackpole and duly seconded by Commissioner Donato, it was unanimously
VOTED to execute'the January 24, 2023, warrant document in the amounts of$63,900 to be
provided to Nantucket Golf Management, Inc. from the MGC Golf Capital Reserve account.
4. Golf Capital Committee—Recommendations: Chairman Paterson read a list of
capital items requested and recommended by the Committee:
a. MGC:
Carpet in the Simulator Room $11,104.00
ELO Computer System $ 5,000.00
Top Dresser for course $23, 981.00
Greenmaster Triflex Reels $10,913.32
Grinders $31,420.94 ,
ESD Waste2 Wash Pad $40,901.00
b. SGC:
John Deere Rotary Cutter $ 2,376.99
6"Deck Rotary Cutter $ 2,759.00
Briggs Power Brush Cutter $ 3,548.16
Greens Groomer Turf Brush $ 4,045.00
Dump Bed for John Deere Gator $ 3,875.00
Replace doors at workshop $25,000.00
c. Staff Housing Improvements:
Construct apartment above shop office to be ready for 2024 season.
Upon a motion made by Commissioner Stackpole and duly seconded by Commissioner Donato, it
was unanimously VOTED to approve the capital items as recommended by the Capital Committee.
'Mr. Oberly departed the meeting at S:37 p.m.
E. REGULAR BUSINESS:
1. Land Bank Representation on NP&EDC—Request for Support Letter: Ms. Bell
informed the Commission she had received a request from Hillary Rayport to send a letter to the
Finance Committee saying the Land Bank was supportive of having a seat on the NP&EDC as
outlined is Ms. Rayport's warrant article. The consensus of the Commission was to have Ms. Bell
find out more information and to come back with a draft letter to the NP&EDC saying if they were
- considering allowing the Land Bank to have a representative,they would welcome it.
Land Bank Commission Page 5
January 24, 2023
F. TRANSFER BUSINESS:
1. "M"Exemption Update/Five-Year Domicile and Ownership Compliance—
Release of Liens: Upon a motion made by Commissioner Stackpole and duly seconded by
Commissioner Donato, it was unanimously VOTED to authorize the issuance of Releases of Liens
for the following transfers as a result of the purchasers fulfilling the requirements of Section 12,
subsection(-m-):
No. 39306 AdaRuth T. Waig and Nathanael M. Waig
No. 39374 Jenny Maria Bence
No. 39376 Emily M. Clarkson
2."O"Exemption Update/Five-Year Domicile and Ownership Compliance—Release
of Lien: Upon a motion made by Commissioner Stackpole and duly seconded by Commissioner
Donato, it was unanimously VOTED to authorize the issuance of Release of Lien for the following
transfer as a result of the purchaser fulfilling the requirements of Section 12, subsection(-o-):
No. 39329 Merrill E. Mason
G. APPROVAL OF MINUTES: Upon a motion made by Commissioner Reinhard and duly
seconded by Commissioner Donato, it was VOTED to accept, approve, and release the regular
session minutes of January 10, 2023, and the special meeting of December 12, 2022, as written.
Commissioner Jelleme recused herself from the vote.
H. FINANCIAL BUSINESS:
1. Monthly Financial Report- December: The Commission accepted the December
2022 financial report including the balance sheet and income statement previously provided by
email.
2. Warrant Authorization—Cash Disbursements: Upon a motion made by
Commissioner Stackpole and duly seconded by Commissioner Reinhard, it was VOTED to execute
the January 24, 2023,warrant document in the amount of$91,674.23 to be provided to the County
Treasurer. Commissioner Jelleme recused herself from the vote.
3. Warrant Authorization—2012 Series A Semi-Annual Bond Payment: Upon a
motion was made by Commissioner Stackpole and duly seconded by Commissioner Jelleme to
approve payment and authorize staff to wire the 2012 Series A semi-annual bond payment of
interest and principal in the total amount of$387,656.25 from the Land Bank's Collection Account
to the Bond Trustee at U.S. Bank.
I. COMMISSIONERS ADDITIONAL QUESTIONS AND CONCERNS: None.
•
Mr. Graziadei departed the meeting at 5:54 p.m.
Land Bank Commission Page 6
January 24, 2023
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; discuss strategy regarding litigation matters; and review and approve
executive session minutes. A roll call vote was taken on the motion: Mark Donato-Aye;Kristina
Jelleme-Aye; Allen Reinhard-Aye;Neil Paterson-Aye; John Stackpole-Aye; The Chairman declared
that Executive Session was being entered into under'Purpose 6 [G.L. c. 30A,21(a)(6)] as discussion
of real estate acquisition matters in open session may b,e 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 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 Stackpole, it was VOTED to adjourn at 7:02 p.m.
Attested to: 4 ��
J J. Stackpole,Vice Secretary
Accepted,Approved, and Released by the VOTE
of the issi thi 4th day,of February.2023.
• 4
Alle . Reinhard, Vice Chairman
•
_ . f
NANTUCKET LAND BANK COMMISSION WORKSHEET
UNAUDITED FINANCIAL REPORT as of December 31, 2022 •
STATEMENT OF ACCOUNTS-UNRESTRICTED FUNDS Nov YIELD Dec YIELD 11/30/2022 _ 12/31/2022
Nantucket Bank/Operating Fund x8888 0.00 0.00 $44,157.78 $45,452.70
Nantucket Bank/Collection Account x7653 0.25 0.81 $28,353,175.44 $28,957,686.59
Nantucket Bank/Special CD x1135 matures 5/20/2023* 0.75 0.75 $5,076,569.45 $5,079,804.16
TOTAL UNRESTRICTED FUNDS: $33,473,902.67 $34,082,943.45
STATEMENT OF ACCOUNTS-RESTRICTED FUNDS Nov YIELD Dec YIELD 11/30/2022 12/31/2022
US Bank/Series A Bonds Reserve Fund/sLGs mature 12/1/2782/15/32Mktval 2.93 2.93 $1,507,172.69 $1,509,099.52
US Bank/Series A Bonds Debt Service Fund x1o02 0.00 0.00 $997,610.71 $20,910.80
US Bank/Acquisition Fund x1o03 0.00 0.00 $1.10 $1.10
Nantucket Bank/SHAC Escrow x7038 0.25 0.25 $22,007.00 $22,011.67
Nantucket Bank/NFRM Escrow x9058 0.25 0.25 $10,010.48 $10,012.61
Nantucket Bank/CSMF(Industrial Pk Mitigation) Escrow x1457 0.25 0.25 $32,080.35 $32,087.16
Nantucket Bank/Nabalus Escrow x1473 - 0.15 0.21 $1,662.60 $1,662.90
Nantucket Bank/MGC Golf Capital Reserve 0.25 0.25 $84,715.01 $84,733.00
Nantucket Bank/SGC Capital Reserve 0.25 0.25 $604,080.73 $604,208.99
Nantucket Bank/NGM Management Reserve 0.25 0.25 $20,858.57 $22,946.78
Hingham Savings/Marble Reserve CD matures 10/2/2023 - 2.23 2.23 $228,673.71 $229,107.22
Citizens Bank/Verrill Dana Acquisition Escrow $150,000.00 $100,000.00
TOTAL RESTRICTED FUNDS: $3,658,872.95 $2,636,781.75
TOTAL FUNDS: $37,132,775.62 $36,719,725.20
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 $1,700,000 Principal due 1/10/23 $2,550,000.00
Owen Notes $3,550,000.00 Interest of$25,768.60 due 3/9/23,6/9/23,9/9/23,12/9/23 $103,074.40
TOTAL NOTES: - $5,250,000 TOTAL ANNUAL NOTE PAYMENTS: $2,653,074.40
TOTAL DEBT: $13,920,000 TOTAL ANNUAL DEBT PAYMENTS: $4,136,636.90
*A 12-month CD with the benefit of withdrawing at anytime,if needed,without penalty. STATEMNTFY23
DOCUMENTS AND EXHIBITS ,
Nantucket Land Bank Commission
Regular Meeting of January 24, 2023
1. Agricultural Responses— 19 Wauwinet Road
2. Graphic Design Proposal—Agricultural Logo
3. ACK Trail—Powerpoint presentation
4. 14 Cathcart Rd—Plans
5. 166 Hummock Pond Rd—Plans
6. 125 Somerset Rd/Farmhouse—Plans
7. Miacomet Pond Dredging Letter from Natural Resources
8. Miacomet Pond—Shoreline Ownership Aerial
9. Sconset Golf Course—Financial Reports November and December 2022
10. Miacomet Golf Course—Financial Reports November and December 2022
11. Golf Capital Reimbursement Request Warrant 1/24/23
12. Capital Committee_Recommendations—See 1/17/23 minutes
13. "M"Releases of Liens (see transfer business for record nos.)
14. "0"Release of Lien(see transfer business for record no.)
15. Land Bank Financial Statements—December 2022
16. Check Warrant Summary dated January 24, 2024
17. Warrant Authorization—2012 A Series Bond Payment
: .
TRANSFER BUSINESS
Nantucket Land Bank Commission
Regular Meeting of January 24, 2023
1. "M" Exemption Update:
a. Five-Year Domicile and Ownership Compliance—Release of Liens:
No. 39306 AdaRuth T. Waig and Nathanael M. Waig
No. 39374 Jenny Maria Bence
No. 39376 Emily M. Clarkson
2. "0"Exemption Update:
a. Five-Year Domicile and Ownership Compliance—Release of Lien:
No. 39329 Merrill E. Mason
€ i
1