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Home My WebLink About2023-6-27 AGENDA ►. Nantucket Land Bank Commission r C W N C L :'; ', Regular Meeting of June 27, 2023 Land Bank Conference Room, 22 Broad Street 2023j` 3 Ati CALL TO ORDER: 4:00 P.M. A. CONVENE IN OPEN SESSION 1. PUBLIC COMMENT/ STAFF ANNOUNCEMENTS 2. PROPERTY MANAGEMENT a. Consue Spring Restoration Concept Plan—Presentation b. Consue Spring Phase 2—Fee Proposal 3. GOLF BUSINESS a. Sconset Golf Course—Manager's Monthly Review(May) b. Miacomet Golf Course—Manager's Monthly Review(May) • 4. AGRICULTURAL PROPERTY MANAGEMENT a. 168 Hummock Pond Road/Mt.Vernon Farm—RFR Award of Farmland License 5. PROPERTY MANAGEMENT a. 2 Milestone Road/Creeks Preserve—Yoga Class Proposal 1 b. Various Properties—No Hunting Request c. 1 Meader Street—Parking Request d. 40th Pole—Event Request(7/9/23) e. 14 & 16 Candle House Lane/Garden of the Sea—Event Request(8/9/23) f. Lily Pond Parking—Resurfacing Accessible Parking Proposal g. Capital Projects Review Continued—Long-Term Projects 6. TRANSFER BUSINESS a. "M"Exemption Update—Release of Liens b. "0"Exemption Update—Release of Liens 7. REGULAR BUSINESS a. Acceptance of Easement and Deed—Masaquet Avenue b. Conservation Commission Regulation Changes -Update 8. APPROVAL OF MINUTES a. Regular Meeting of June 13, 2023 b. Special Meeting of May 15, 2023 c. Special Meeting of June 6, 2023 9. FINANCIAL BUSINESS a. Monthly Financial Report—May b. .Warrant Authorization—Cash Disbursement 10. COMMISSIONER/STAFF ADDITIONAL QUESTIONS AND CONCERNS B. EXECUTIVE SESSION: The Executive Session is for Purpose 6[G.L. c. 30A, 21(a)(6)J. 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 1 MINUTES Nantucket Land Bank Commission Regular Meeting of June 27, 2023 Land Bank Conference Room, 22 Broad Street Nantucket,Massachusetts CALL TO ORDER: 4:00 p.m. PRESENT: Mark Donato;Neil Paterson; Allen Reinhard; John Stackpole; Kristina Jelleme via Zoom. STAFF PRESENT: Jesse Bell,Executive Director; Susan Campese, Administrator/Finance Manager; Eleanor Antonietti, Special Projects Coordinator; Rachael Freeman, Director of Environmental and Agricultural Resources; Marian Wilson, Assistant Administrator; Emma Kantola, Communications and Outreach Coordinator. SCAPE Director of Landscape Planning, Laura Marett; Pond Coalition members, Bob and Linda Williams; Consue Spring abutter, Jeffrey Clayton; Sconset Golf Employee, Eric Silfen;NGM, Inc. General Manager, Sean Oberly were also present at call to order. SCAPE Senior Designer, Gena Morgis; Woods Hole Group, Coastal Engineer, Kirk Bosma, and Environmental Scientist, Jospeh Famely; Coastal Engineering Co., Marine Engineering Division Manager, Todd Turcotte; were also present at call to order via Zoom. I. CONVENE IN OPEN SESSION: A. PUBLIC COMMENT/ STAFF ANNOUNCEMENTS: 1. Ms. Bell announced that the Ottison film produced by the Land Bank won the Audience Award for Best Documentary Short. She said they were in the process of thinking about ways to distribute the film to a wider audience. Commissioner Donato said someone from the Nantucket Historical Association said they would be interested in the film. Sustainable Nantucket, Managing Director, Posie Constable entered the meeting at 4:06 p.m. B. PROPERTY MANAGEMENT: • Commissioner Donato recused himself left the table and spoke as an abutter regarding the next topic. 1. Consue Spring Restoration Concept Plan—Presentation: Ms. Freeman introduced Laura Marett of SCAPE Landscape Design as the presenter and noted that improvements to the property have been in the hands of the Town of Nantucket,the Nantucket Land Council and now the Land Bank for over twenty years. Ms. Marret said the goal of the design was to improve water quality,pedestrian/bicycle access and safety. She explained that the tidal flow that came into the property was not fully flushing out which was a main factor in the poor water quality. Further, she reported that the creeks were named as a key area for improvement in the Town of Nantucket's Land Bank Commission Page 2 June 27, 2023 Coastal Resilience Plan as modeling predicted that Goose Pond would flood daily in twenty years. Further, it has historically been a highly manipulated site, and the plan would not only enhance the ecology and public access but would provide better connectivity between parcels and make it a place that people would want to stay and enjoy. In response to questions, Ms. Marret confirmed there would need to be a slight regrading of the channel to improve the outflow, but no significant dredging would need to be done;permitting would likely take four to five years; it was possible for the project to be done in phases,however she recommended all the permitting be done at once; some of the prior work and data gathered was being utilized and supplemented as needed; the lighting recommended was minimal; and the connective bridge to the south was proposed to give a safe alternative to pedestrians and bikers to that area of Orange Street. Mr. Clayton said there continues to be disruption to the wildlife in the marsh,with the Phragmites treatment and stormwater project, he hoped once the project was permitted it could all be done at once. Further,he said the lighting was not good for wildlife. Mr. Donato asked if the Town would be contributing funds to the project. Ms. Bell explained that the Town had received authority to convey all the properties within the scope to the Land Bank. She said that as part of the next phase,the plans would be reviewed by the Sewer Department to coordinate with their stormwater management. Chairman Paterson asked if there was any room for cost savings in the schematic planning phase and Ms. Marret responded that there may be savings in the travel expenses due to working on three projects for the Land Bank currently and there may be other opportunities for savings in the design. Chairman Paterson thanked everyone for the presentation and said the fee discussion would be moved to the end of the agenda. a Commissioner Donato rejoined the meeting at 4:40 p.m. Ms. Marret, Ms. Morgis, Mr. Bosma, Mr. Famely, Mr. Turcotte and Mr. Clayton departed the meeting at 4:40 p.m. C. GOLF BUSINESS: 1. Sconset Golf Course ("SGC")—Manager's Monthly Review(May): Mr. Oberly said that the course was only open the last week of the month but was busy. He said they had replaced the POS and credit card system, which was up and running by the opening, but said there were some things that did not get done in time and reported they would start the process earlier next year. 2. Miacomet Golf Course ("MGC")-Manager's Monthly Review(Mai): Mr. Oberly said that rounds and covers were down however he suspected the rounds were not counted for two tournaments and he thought golf play was where it should be. He reported the restaurant was busy, but he recommended more advertising in the off season. Mr. Galvin said they may have been too aggressive in budgeting revenue for the restaurant in anticipation of having a full staff and opening for five dinners and seven lunches. Mr. Oberly said they were working on getting the food and drink costs down and overall, and that they are keeping expenses down. Further, he said people have been able to get tee times and they have started charging for no shows, which should help the situation going forward. Lastly, he reported they had a new website and app which were launched this spring and they were working with the local farmers to get locally sourced food on the menu. Land Bank Commission Page 3 June 27, 2023 l Mr. Oberly, Mr. Galvin, Mr. and Mrs. Williams, and Mr. Silfin departed the meeting at 4:51 p.m. D. AGRICULTURAL PROPERTY MANAGEMENT: 1. 168 Hummock Pond Road/Mt. Vernon Farm—RFR Award of Farmland License: Ms. Freeman reported that the lone proposal received was a collaborative effort from four farms: Fog Town Farm, Eat Fire Farm, Secret Farm and Washashore Farm,tentatively called Mt. Vernon Farmers Association. Ms. Freeman said she had sent the proposal to all members of the review committee from the last award and had very few questions. She said overall the proposal was not as comprehensive as the last cycle,but it covered all the bases, and she recommended awarding the license to the group subject to working out the details with staff. Upon a motion made by Commissioner Reinhard and duly seconded by Commissioner Donato, a roll call vote was taken: Mark Donato-Aye; Kristina Jelleme-Aye;Neil Paterson-Aye;Allen Reinhard-Aye; John Stackpole- Aye. Chairman Paterson thanked Ms. Freeman for all her hard work on the project. E. PROPERTY MANAGEMENT: 1. 2 Milestone Road/Creeks Preserve—Yoga Class Proposal: Ms. Kantola explained that she was a yoga instructor and thought a good way to bring people to Land Bank properties was to offer a free yoga class at various locations. She requested to start with just one in July on a Friday at 9:00 a.m. at Creeks Preserve to see how it worked out. There would be no cost to the Land Bank other than her staff time. The class would be limited to ten people with a simple registration form and waiver. Upon a motion made by Commissioner Reinhard and duly seconded by Commissioner Stackpole, a roll call vote was taken: Mark Donato-Aye; Kristina Jelleme-Aye;Neil Paterson-Aye; Allen Reinhard-Aye; John Stackpole-Aye. Ms. Constable departed the meeting at S:00 p.m. 2. Various Properties—No Hunting Request: Ms. Bell referred to a letter sent to the Commission from Karen Alence requesting that the Land Bank prohibit hunting on additional properties. Ms. Campese said over the past year there have been five or six calls from people concerned about hunters outside of shotgun season. Staff explained that guns were allowed during other seasons for rabbits, ducks and other wildlife. Further,Ms. Campese said that there have been additional complaints about hunting on the Lappin property. The Commission declined to designate another property at this time but expressed interest in continuing to monitor the situation. Ms. Campese said that management staff recommended including the additional hunting seasons rather than just deer hunting on the educational signs. 3. 1 Meader Street—Parking Request: Ms. Bell said she had a request from Christopher Wolfe for permission to park a car on Meader Street as their house on Washington Street does not have a parking spot. The Commission declined to give Mr. Wolfe permission to park on Meader Street. 4. 40th Pole—Event Request(7/9/23): Ms. Antonietti presented the request from PPX Land Bank Commission Page 4 June 27, 2023 • catering company to hold a dinner party for 46 people with 8 catering staff, table, chairs and grills, and no amplified music or tents at 40th Pole on Sunday,July 9, 2023, from 5:00 p.m. to 10:00 p.m. inclusive of set-up and breakdown. Ms. Bell confirmed that these events do not have exclusive use of the beach and no beachgoers will be asked to move. Upon a motion made by Commissioner Donato and duly seconded by Commissioner Reinhard, a roll call vote was taken: Mark Donato- Aye; Kristina Jelleme-Aye;Neil Paterson-Aye;Allen Reinhard-Aye; John Stackpole-Aye. 5. 14 & 16 Candle House Lane/Garden of the Sea—Event Request(8/9/23): Ms. Antonietti presented a request from Anne Dewez to hold a neighborhood gathering for 40-60 people on Tuesday,August 9, 2023, in the early evening. Any tables, chairs and food would be provided by neighbors and cleaned up after the event. Upon a motion made by Commissioner Stackpole and duly seconded by Commissioner Donato, a roll call vote was taken: Mark Donato-Aye; Kristina Jelleme-Aye;Neil Paterson-Aye; Allen Reinhard-Aye; John Stackpole-Aye. 6. Lily Pond Parking—Resurfacing Accessible Parking Proposal: Ms. Freeman explained that Property Manager, Robert Earley had solicited a quote to resurface the accessible parking space with brick as the stone dust had been difficult to maintain. He received a price from Victor Brandon Company which falls under the Town of Nantucket contract for$10,000 and he could do the work soon. Upon a motion made by Commissioner Stackpole and duly seconded by Commissioner Reinhard, a roll call vote was taken: Mark Donato-Aye; Kristina Jelleme-Aye;Neil Paterson-Aye; Allen Reinhard-Aye; John Stackpole-Aye. Commission Jelleme departed the meeting at 5:24 p.m. via Zoom. 7. Capital Projects Review Continued—Long-Term Projects: This item was tabled to a future meeting. 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 a Release of Liens for the following transfers as a result of the purchasers fulfilling the requirements of Section 12, subsection(-m-): No. 39734 FINGILLY, LLC No. 39777 Deividas Nagys and Anna Nagys No. 39780 Matthew Baty and Kendra Baty 2."O" 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 a Release of Liens for the following transfers as a result of the purchasers fulfilling the requirements of Section 12, subsection(-o-): No. 39762 Katherine P. Seholm No. 39765 Peter B. Brace Land Bank Commission Page 5 June 27, 2023 , No. 39880 Graham F. Sauders No. 39801 Dustin Maury G. REGULAR BUSINESS: 1. Acceptance of Easement and Deed—Masaquet Avenue: Ms. Bell explained that as part of the yard sale program she had negotiated a public access easement on the northern end of the paper road and the ownership of a portion of the southern end for a parking space for maintenance vehicles. Upon a motion made by Commissioner Stackpole and duly seconded by Commissioner Donato, it was unanimously VOTED to execute the Acceptance of Easement and the Acceptance of Deed. 2. Conservation Commission Regulation Changes—Update: Tabled to a future meeting. H. APPROVAL OF MINUTES: A motion was made by Commissioner Stackpole and duly seconded by Commissioner Reinhard, it was unanimously VOTED to accept, approve, and release the regular session minutes of June 13, 2023 and the special session minutes of May 15, 2023 and June 6, 2023. I. FINANCIAL BUSINESS: 1. Monthly Financial Report-February: The Commission accepted the May 2023 financial report including the balance sheet and income statement previously provided by email. Commissioner Jelleme entered the entered the meeting at 5:31 p.m. 2. Warrant Authorization — Cash Disbursements: Upon a motion made by Commissioner Stackpole and duly seconded by Commissioner Reinhard, it was VOTED to execute the June 27, 2023, warrant document in the amount of$245,241.83 to be provided to the County Treasurer. Commissioners Donato and Jelleme recused themselves from the vote. I. PROPERTY MANAGEMENT: continued. Commissioner Donato recused himself;left the table and spoke as an abutter regarding the next topic. 1. Consue Spring Phase 2 — Fee Proposal: Chairman Paterson was concerned with approving the proposal as there were elements of the conceptual design he did not like. Commissioner Jelleme asked at what point could items be changed and if the changes needed to come at the 30% design change or before and what was the cost savings. Most of the commission thought the design needed to be simplified to be more"Nantucket like",with the elimination of the southern boardwalk, the flowers, and the park elements by the pond and on the Guillard property. Commissioner Donato asked Ms.Bell if an overall budget was given to the planning team prior to design work. She indicated that there was no such discussion on the three SCAPE projects. Ms. Campese suggested that the • Land Bank Commission Page 6 June 27, 2023 Commission should give staff a budget on such projects and perhaps a commissioner be assigned to attend planning meetings for each large project. Further, she suggested maintenance staff regularly review plans and make recommendations.Ms.Freeman said she could go back to SCAPE and Coastal Engineering with a lower price and see what they would provide for that price. She said she was not clear on what aspects were driving the cost and so it was worth exploring further. Commissioner Jelleme favored that idea and asked to see what could be done with $300,000 with the omission of the garden, park areas and southern boardwalk. Chairman Paterson said he would like to table any vote until those questions are answered. Commissioner Donato came back to the table at 6:34 p.m. Ms. Freeman departed the meeting at 6:34 p.m. J. COMMISSIONERS ADDITIONAL QUESTIONS AND CONCERNS: None. II. EXECUTIVE SESSION: A motion was made by Commissioner Jelleme 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;Neil Paterson-Aye; Allen Reinhard-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 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 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 Stackpole and duly seconded by Commissioner Reinhard ' was VOTED to adjourn t 7:02 p.m. 9 � Attested to: Allen B. Reinhard, Secretary Accepted, Approved, and Released by the VOTE of the Commission this 11th day of July, 2023. Neil Paterson, Ch irman NANTUCKET LAND BANK COMMISSION WORKSHEET UNAUDITED FINANCIAL REPORT as of May 31, 2023 STATEMENT OF ACCOUNTS-UNRESTRICTED FUNDS APR YIELD MAY YIELD 4/30/2023 5/31/2023 _ Nantucket Bank/Operating Fund x8888 0.00 0.00 $46,180.89 $46,676.81 Nantucket Bank/Collection Account x7653 4.07 4.07 $27,619,151.31 $29,323,188.30 Nantucket Bank/Special CD x1135 matures 5/20/2023* 0.75 0.75 $5,092,345.03 $5,094,438.18 TOTAL UNRESTRICTED FUNDS: $32,757,677.23 $34,464,303.29 STATEMENT OF ACCOUNTS-RESTRICTED FUNDS APR YIELD MAY YIELD 4/30/2023 5/31/2023 US Bank/Series A Bonds Reserve Fund/SLGS mature 12/1/278 2/15/32 Mkt Vat 2.93 2.93 $1,516,600.63 $1,509,778.24 US Bank/Series A Bonds Debt Service Fund x1oo2 0.00 0.00 $20,911.20 $94,261.43 US Bank/Acquisition Fund xwoo3 0.00 0.00 $1.10 $1.10 Nantucket Bank/SHAG Escrow x7038 0.25 0.25 $22,029.77 $22,034.45 Nantucket Bank/NFRM Escrow x9058 0.25 0.25 $10,020.85 $10,022.98 Nantucket Bank/CSMF (Industrial Pk Mitigation) Escrow x1457 0.25 0.25 $32,113.55 $32,120.37 Nantucket Bank/Nabalus Escrow x1473 0.25 0.25 $1,664.26 $1,664.61 Nantucket Bank/MGC Golf Capital Reserve 0.25 0.25 $27,277.54 $16,668.37 Nantucket Bank/SGC Capital Reserve 0.25 0.25 $904,769.45 $894,330.79 Nantucket Bank/NGM Management Reserve 0.25 0.25 $31,136.06 $35,476.53 Hingham Savings/Marble Reserve CD matures 10/2/2023 2.23 2.23 $230,793.07 $231,230.59 Citizens Bank/Verrill Dana Acquisition Escrow $105,000.00 $165,000.00 TOTAL RESTRICTED FUNDS: $2,902,317.48 $3,012,589.46 TOTAL FUNDS: $35,659,994.71 $37,476,892.75 BONDS: Principal Outstanding Payment Due Annual Payments 2012 Series A Issue $3,435,000 Interest due 8/15/23,Principal and Interest due 2/15/24 $428,412.50 (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: $8,325,000 TOTAL ANNUAL BOND PAYMENTS: $1,485,112.50 NOTES: Principal Outstanding Payment Due Annual Payments Marble Note#19 $1,700,000 Principal due 1/10/24 $1,000,000.00 Owen Notes $1,000,000 Interest of$25,768.60 due 6/9/23,9/9/23, 12/9/23, 3/9/24 $103,074.40 TOTAL NOTES: $2,700,000 TOTAL ANNUAL NOTE PAYMENTS: $1,103,074.40 TOTAL DEBT: $11,025,000 TOTAL ANNUAL DEBT PAYMENTS: $2,588,186.90 *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 June 27, 2023 1. Consue Spring Restoration Concept Plan—Presentation 2. Sconset Golf Course—Financial Reports April 2023 3. Miacomet Golf Course—Financial Reports April 2023 4. 160 & 168 Hummock Pond Road—RFR from Mt. Vernon Farmers Association 5. Letter re: hunting from Karen Alence 6. 1 Meader Street—Parking Request from Christopher Wolfe 7. 40th Pole Event Request(PPX 7/9/23) 8. Garden of the Sea—Party Request(8/9/23) 9. "M"Releases of Liens (see transfer business for record nos.) 10. "0"Release of Liens (see transfer business for record nos.) 11. Easement—Masaquet Avenue 12. Deed—Masaquet Avenue 13. Land Bank Financial Statement—May 2023 14. Check Warrant Summary dated June 27,2023 15. Consue Spring Phase 2—Fee Proposals from Scape and Coastal Engineering { 4I i 1 TRANSFER BUSINESS Nantucket Land Bank Commission Regular Meeting of June 27, 2023 1. "M"Exemption Updates: a. Five-Year Domicile and Ownership Compliance—Release of Liens: No. 39734 FINGILLY,LLC No. 39777 Deividas Nagys and Anna Nagys No. 39780 Matthew Baty and Kendra Baty 2. "0" Exemption Update: b. Five-Year Domicile and Ownership Compliance—Release of Lien: No. 39762 Katherine P. Seholm No. 39765 Peter B. Brace No. 39800 Graham F. Saunders No. 39801 Dustin Maury 1