HomeMy WebLinkAboutJul25_2023 AGENDA
Nantucket Land Bank Commission C
Regular Meeting of July 25,2023
Land Bank Conference Room, 22 Broad Street 2 23 AUG I 0 AM a: 0
CALL TO ORDER: 4:00 P.M.
A. CONVENE IN OPEN SESSION
1. PUBLIC COMMENT/ STAFF ANNOUNCEMENTS
2. GOLF BUSINESS
a. Sconset Golf Course—Manager's Monthly Review(June)
b. Miacomet Golf Course—Manager's Monthly Review(June)
c. Sconset Golf Course—Hole Rerouting Proposal
3. PROPERTY MANAGEMENT
a. 54 Madaket Road/Bamboo Forest—Parking Expansion&Resurfacing Proposal
b. 66 Washington Street/Wolfe—Saltmarsh Center Clambake Request(8/19/23)
c. Lily Pond Restoration—Proposal
4. TRANSFER BUSINESS
a. "M"Exemption Update—Release of Liens
b. "0"Exemption Update—Release of Liens
5. REGULAR BUSINESS
a. Land Bank Housing Policy—Review
b. Compensation Study -Proposal
6. APPROVAL OF MINUTES
a. Regular Meeting of July 11,2023
7. FINANCIAL BUSINESS
a. Monthly Financial Report—June
b. Warrant Authorization—Cash Disbursement
c. Warrant Authorization—2012 Series A Bond Semi-Annual Payment
8. 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.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)
b. 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)
c. Nantucket Superior Court,C.A.No.2275CV00024:NILB v.Architectural Access Board
—Easy Street Park Variance denial
i 3. Real Estate Acquisition
C. ADJOURNMENT
I
MINUTES
Nantucket Land Bank Commission
Regular Meeting of July 25, 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; John Stackpole.
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.
Jill Vieth;Justin Quinn; NRSA, Board President, Tom Dixon;NGM, Inc. President, Matthew
Galvin and General Manager, Sean Oberly were also present at call to order.
I. CONVENE IN OPEN SESSION:
A. PUBLIC COMMENT/ STAFF ANNOUNCEMENTS:
1. Given the recent press coverage on the issue, Ms. Freeman reminded everyone that
there is a Southern Pine Beetle infestation on Nantucket and the Land Bank was being proactive in
hiring a forester who was coming in November to create forest management plans. She said if
anyone had any questions, they should be directed to her or Dr. Emily Goldstein Murphy.
2. Indoor Paddle Sport/Recreation Facility: Ms. Vieth said she saw the RFP for the
racquet sport expansion and asked if the design could include future seasonal aspects to it. She
suggested it could be a bubble for the winter or perhaps other options could be investigated. She
said perhaps NSRA could fund and build it in the future, but if it was not accounted for in the initial
design it may be difficult or impossible to add later. Mr. Dixon said he was authorized by his board
to start a general discussion about this to see if the Land Bank Commission was amenable to add it
to-the design. Mr. Quinn was present to ask if the Land Bank would consider a multisport indoor
recreation facility on the available land at 7 Nobadeer Farm Road. Ms. Bell explained that the
constructed ballfields as well as the one undeveloped field soon would be conveyed to the Town of
Nantucket in a swap for Mill Hill Park, suggesting Mr. Quinn speak with the Town about the
possibility of an indoor facility at the site. Further, she said it would be easier for the Town to
construct such a facility given the constraints of the Land Bank's enabling legislation. Ms. Freeman
said she would send Mr. Quinn the subdivision plan with information on the various restrictions on
the property.
Ms. Vieth, Mr. Quinn, and Mr. Dixon departed the meeting at 4:13 p.m.
B. GOLF BUSINESS:
1. Sconset Golf Course ("SGC")—Manager's Monthly Review(June):
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July 25, 2023
Mr. Oberly said the course was doing well,rounds were slightly down but the net income was still
higher than last year. Mr. Galvin reported that they had purchased a secondhand custom-made
portable bar for outdoor events at Sconset or Miacomet as needed.
2. Miacomet Golf Course("MGC")—Manager's Monthly Review(June): Mr. Oberly
reported rounds and covers were down however he suspected the rounds were not counted for two
tournaments. He felt the covers would catch up since July has been very busy. Mr. Galvin informed
the Commission that there have been member tee times available throughout the summer. Mr.
Oberly pointed out that net profits were down from the prior year but most of that was due to the
timing of a large expenditure on chemicals and fertilizer. Mr. Galvin reported that they were still
receiving checks for the Employee Retention Credit, and he expected the final total to be about
$700,000 which would be kept in a higher interest-bearing account for capital use or a rainy-day
fund. Additionally,he said he was still working with the neighbor on potential solutions for
mitigating stray balls at the 18th hole.
3. Sconset Golf Course—Hole Rerouting Proposal: Mr. Oberly explained that many
golfers are not using the accessible pathway up the hill to get to the next hole,rather they are using
three steep paths which can often be slippery, and staff is worried about injuries. Mr. Galvin
suggested renumbering the holes, so play starts to the West of the parking lot, loop up and around
the clubhouse with the ninth hole to the east next to the parking lot. Mr. Galvin thought this route
would enable people to drop off their clubs at their cars and either take the accessable path up to the
_ clubhouse or if they chose to take one of the other paths, it would eliminate the need to drag their
push carts up the slippery slope. Further, they would like to fence off one of the three paths and
improve either one or both of the remaining paths to make them easier and safer to use. He said he
would report back with improvement costs for the paths. There would be some minor expense
involved in renumbering the holes, as it only required repainting the signs and ordering new score
cards. Upon a motion made by Commissioner Stackpole and duly seconded by Commissioner
Reinhard, it was unanimously VOTED to renumber the holes and order new scorecards.
Mr. Oberly and Mr. Galvin departed the meeting at 4:45 p.m.
C. PROPERTY MANAGEMENT:
1. 54 Madaket Road/Bamboo Forest—Parking Expansion& Resurfacing Proposal:
Ms. Freeman presented a proposal from Property Manager, Robert Earley, to expand the parking
area by ten feet,which entailed moving the fence and adding gravel to the expanded area. The
reason was to provide more space for vehicles, so they were not backing out onto the bike path. The
project could be done by Land Bank staff. Commissioner Stackpole suggested they take another
look to see if more space was needed. Commissioner Jelleme recommended either moving the bike
path, so it abutted the road or filling in the strip between the bike path and road with Belgian block,
so the gravel was not pushed onto the bike path.Upon a motion made by Commissioner Jelleme
and duly seconded by Commissioner Reinhard, it was unanimously VOTED to expand the parking.
2. 66 Washington Street/Wolfe—Saltmarsh Center Clambake Request(8/19/23): Ms.
Antonietti presented a request from the Nantucket Center for Elder Affairs to hold a seafood supper
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July 25, 2023
for 40 people from 5:00 to 7:00 p.m. on the property with tables and chairs. The food will be
provided by Sayles Seafood in boxed cartons for each guest and there will be no liquor served.
Trash cans will be provided and removed at the end of the event. Upon a motion made by
Commissioner Donato and duly seconded by Commissioner Jelleme, it was unanimously VOTED
to approve the event.
3. Lily Pond Restoration—Proposal: Ms. Freeman presented a proposal from
Horsley Witten Group for phase three of design which would take about twelve months and bring
the project through permitting and 75%of design. The fee for phase three is $199,870.
Commissioner Jelleme asked if all the soil testing in the phase was necessary as all other testing had
shown little to no contaminants. Ms. Freeman said she would talk to Horsley Witten about scaling
back on the testing. Further, Ms. Freeman explained that although she and her staff would be
attending meetings and reviewing all the work, Horsley Witten would be doing 75%of the
permitting. Upon a motion made by Commissioner Stackpole and duly seconded by Commissioner
Jelleme, it was unanimously VOTED to approve the proposal for phase 3.
D. 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. 39814 Addison D. Falconer and Wilda M Perez
No. 39870 Kiril Stojanov
No. 39878 Stoyan T. Ivanov
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 a Release of Lien for the following
transfer as a result of the purchaser fulfilling the requirements of Section 12, subsection(-o-):
No. 39855 Daniel E. Fahey
E. REGULAR BUSINESS:
1. Land Bank Housing Policy—Review: Ms. Bell presented the draft housing policy
that was put together by the Housing Committee which included Ms. Bell, Ms. Campese, and
Commissioners Donato and Jelleme. She said due to the increased demand for housing from within
the Land Bank and from other entities it was important to have guidelines for her to refer to. Upon a
motion made by Commissioner Reinhard and duly seconded by Commissioner Stackpole, it was
unanimously VOTED to approve the Land Bank Housing Policy as written.
2. Compensation Study—Proposal: Ms. Bell presented a proposal from The Segal
Group for a Compensation and Classification Study. She explained that the Town had just gone
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July 25, 2023
through this process as they have had significant retainage and hiring issues with employees. The
result of the study showed their compensation rates were far too low. Ms. Bell said overall the Land
Bank had been more generous with wages over the years but thought the study would be helpful by
updating job descriptions and properly classifying positions,plus it would be a guideline for her to
follow when setting compensation rates for employees. The fixed rate for the study was $17,000.
Upon a motion made by Commissioner Stackpole and duly seconded by Commissioner Jelleme, it
was unanimously VOTED to approve the proposal.
F. APPROVAL OF MINUTES: A motion was made by Commissioner Reinhard and duly
seconded by Commissioner Stackpole, it was unanimously VOTED to accept, approve, and release
the regular session minutes of July,11 2023.
G. FINANCIAL BUSINESS:
1. Monthly Financial Report-June: The Commission accepted the June 2023
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 July 25, 2023, warrant document in the amount of$241,341.17 to be provided to the County
Treasurer.
3. Warrant Authorization—2012 Series A Bond Semi-Annual Payment: Upon a
motion made by Commissioner Stackpole and duly seconded by Commissioner Donato, it was
unanimously VOTED to approve payment and authorize staff to wire the Series A semi-annual
bond payment of interest in the amount of$39,206.25 from the Land Bank's Collection Account to
the Bond Trustee at U.S. Bank.
H. COMMISSIONERS ADDITIONAL QUESTIONS AND CONCERNS:
1. Capital Projects Meeting—Scheduling: Commissioner Jelleme inquired about
scheduling the special meeting to discuss capital projects in depth. The consensus was to schedule
the meeting for Wednesday, September 20th at 4:00 p.m. Commissioner Jelleme asked staff to
prepare an updated list of the projects with pricing and probably start times and durations as well as
a brief description of each project and money spent to date on each property to be sent to the
Commission no later than September 13th. Further, she asked that Property Supervisor, Jeffrey
Pollock, attend the meeting.
2. Pig Scaping: Commissioner Jelleme asked about the results of using pigs to
eradicate Japanese Knotweed last summer. Ms. Freeman said it worked well and there was very
little left on the site. She said there were pigs available again this summer and hoped to put them in
some forested areas to clear out the understory.
II. EXECUTIVE SESSION: A motion was made by Commissioner Jelleme and duly seconded by
Commissioner Stackpole to go into executive session in order to discuss the purchase, exchange,
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July 25, 2023
•
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, it was VOTED to adjourn at 6:24 p.m.
(2pAivtic
Attested to: tCO alb
Allen B. Reinhard, Secretary
Accepted, Approved, and Released by the VOTE
of the Commission this 8 day of August, 2023.
Al
Neil Paterson, Chairman
NANTUCKET LAND BANK COMMISSION WORKSHEET
UNAUDITED FINANCIAL REPORT as of June 30, 2023
STATEMENT OF ACCOUNTS -UNRESTRICTED FUNDS MAY YIELD JUN YIELD 5/31/2023 6/30/2023
Nantucket Bank/Operating Fund x8888 0.00 0.00 $46,676.81 $47,119.51
Nantucket Bank/Collection Account x7653 4.07 4.07 $29,323,188.30 $30,272,159.20
Nantucket Bank/Special CD x1135 matures 11/20/2023* 0.75 4.40 $5,094,438.18 $5,113,510.49
TOTAL UNRESTRICTED FUNDS: $34,464,303.29 $35,432,789.20
STATEMENT OF ACCOUNTS-RESTRICTED FUNDS MAY YIELD JUN YIELD 5/31/2023 6/30/2023
US Bank/Series A Bonds Reserve Fund/sLGs mature 12/1/27&2/15/32 Mkt vat 2.93 2.93 $1,509,778.24 $1,520,422.06
US Bank/Series A Bonds Debt Service Fund x1oo2 0.00 0.00 $94,261.43 $20,911.52
US Bank/Acquisition Fund x1oo3 0.00 0.00 $1.10 $1.10
Nantucket Bank/SHAC Escrow x7038 0.25 0.25 $22,034.45 $2,513.84
Nantucket Bank/NFRM Escrow x9058 0.25 0.25 $10,022.98 $7,775.02
Nantucket Bank/CSMF (Industrial Pk Mitigation) Escrow x1457 0.25 0.25 $32,120.37 $21,651.90
Nantucket Bank/Nabalus Escrow x1473 0.25 0.25 $1,664.61 $1,664.95
Nantucket Bank/MGC Golf Capital Reserve 0.25 0.25 $16,668.37 $16,671.80
Nantucket Bank/SGC Capital Reserve 0.25 0.25 $894,330.79 $894,514.56
Nantucket Bank/NGM Management Reserve 0.25 0.25 $35,476.53 $37,567.17
Hingham Savings/Marble Reserve CD matures 10/2/2023 2.23 2.23 $231,230.59 $231,654.79
Citizens Bank/Verrill Dana Acquisition Escrow $165,000.00 $265,000.00
TOTAL RESTRICTED FUNDS: $3,012,589.46 $3,020,348.71
TOTAL FUNDS: $37,476,892.75 $38,453,137.91
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 6/1/24 $1,043,050.00
(Final principal payment 12/1/2027)
TOTAL BONDS: $8,325,000 TOTAL ANNUAL BOND PAYMENTS: $1,471,462.50
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 9/9/23, 12/9/23, 3/9/24, 6/9/24 $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: $2,574,536.90
*A 6-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 July 25, 2023
1. Sconset Golf Course—Financial Reports June 2023
2. Miacomet Golf Course—Financial Reports June 2023
3. Sconset Golf Hole Rerouting- Pictures
4. Bamboo Forest—Parking Expansion conceptual pictures
5. Wolfe—Seafood Dinner request(Salt Marsh Center 8/19/23)
6. Lily Pond Restoration—Phase 3 Proposal
7. "M" Releases of Liens (see transfer business for record nos.)
8. "0"Release of Lien(see transfer business for record no.)
9. Land Bank Housing Policy
10. Classification and Compensation Study—Proposal
11. Land Bank Financial Statement—June 2023
12. Check Warrant Summary dated July 25, 2023
13. Warrant Authorization—2012 Series A Bond Semi-Annual Payment
I
TRANSFER BUSINESS
Nantucket Land Bank Commission
I Regular Meeting of July 25, 2023
1. "M" Exemption Updates:
a. Five-Year Domicile and Ownership Compliance—Release of Liens:
No. 39814 Addison D. Falconer and Wilda M. Perez
No. 39870 Kiril Stojanov
No. 39878 Stoyan T. Ivanov
2. "0"Exemption Update:
b. Five-Year Domicile and Ownership Compliance—Release of Lien:
No. 39855 Daniel E. Fahey