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Home My WebLink AboutApr 28 AGENDA Nantucket Land Bank Commission Regular Meeting of April 11,2023 Land Bank Conference Room,22 Broad Streetr CALL TO ORDER: 4:00 P.M: 2023 APR 28 PM I: 22 A. CONVENE IN OPEN SESSION 1. PUBLIC COMMENT/STAFF ANNOUNCEMENTS 2. AGRICULTURAL BUSINESS a. Agricultural Logo—Update b. Eat Fire Spring/l9 Wauwinet Road—Hoop House Request 3. PROPERTY MANAGEMENT a. Various Properties—Garden Maintenance Budgets b. Petrel Landing/17 Commercial Street—Figawi Tent Request c. Cisco Beach—Summer 2023 Concession Awards d. Property Maintenance—UTV Request e. Research Requests on Land Bank Properties—Draft Form Review&Discussion f. Long Pond/Hummock Pond/Miacomet Pond—Avian Influenza Research Request • 4. TRANSFER BUSINESS a. Current"M"Exemptions b. Current"0"Exemptions 5. APPROVAL OF MINUTES a. Regular Meeting of March 28,2023 �_. 6. FINANCIAL BUSINESS a. Monthly Transfer Statistics b. 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)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)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 Nantucket Land Bank Commission Regular Meeting of April 11, 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; Rachael Freeman, Director of Environmental and Agricultural Resources; Marian Wilson, Assistant Administrator. • I. CONVENE IN OPEN SESSION: A. PUBLIC COMMENT/STAFF ANNOUNCEMENTS: Ms. Bell informed the Commission that Scape Landscape Design submitted the Land Bank's Washington Street plans to the American Society of Landscape Architects and the project was selected to be discussed and presented at the 2023 ASLA conference scheduled for October 2023 in Minneapolis,MN. B. AGRICULTURAL BUSINESS: r 1. Agricultural Logo—Update: Ms. Campese displayed logo variations designed by Graphic Designer,Anthony Leone, for identifying products grown on the Land Bank's agricultural properties. Upon a motion made by Commissioner Reinhard and duly seconded by Commissioner Stackpole, it was unanimously VOTED to approve the logo as presented. 2. Eat Fire Spring/19 Wauwinet Road—Hoop House Request: Ms. Freeman reported that the Conservation Commission approved the Land Bank's application for cover crops, fencing and a hoop house at 19 Wauwinet Road. Ms. Freeman said she was now seeking approval for the hoop house to be placed on the location between the main house and chicken coop. The temporary structure is needed by the farmers to begin the growing process in conjunction with field preparations and the cost would be covered by a grant. Upon a motion made by Commissioner Reinhard and duly seconded by Commissioner Stackpole, it was unanimously VOTED to approve the request for the hoop house as requested. Furthermore, Commissioner,Jelleme inquired about improving the natural spring area by adding rocks to cover the pipe and opening a small part for daylighting. Ms. Freeman concurred that there was room for improvement and agreed to look into hydrologic options. C. PROPERTY MANAGEMENT: 1. Various Properties—Garden Maintenance Budgets: Update: Ms. Freeman presented a budget comparison spreadsheet for the eight gardening projects currently on Land Bank properties. Further, she summarized the garden project stages and provided 2022 maintenance costs for four established gardens in addition to the 2023 maintenance estimates for four newer more • • Land Bank Commission Page 2 April 11, 2023 formal gardens. She noted that the Easton Street rain garden project would reflect a higher cost initially. However, as the newer gardens become more established, along with the help of the seasonal Land Bank gardener,maintenance costs overall should decrease over time. 2. Petrel Landing/17 Commercial Street—Figawi V.I.P. Tent Request: Ms. Campese presented a request from Figawi, Inc. to have their VIP tent set up at Petrel Landing from Friday,May 26, 2023,through Monday morning May 29, 2023,to be used for meetings, award ceremonies and sponsor receptions as they had in prior years. Upon a motion made by Commissioner Stackpole and duly seconded by Commissioner Donato, it was unanimously VOTED to approve the request as in previous years, subject to the Land Bank named as additionally insured on their insurance policy. 3. Cisco Beach—Summer 2023 Concession Awards: Ms. Campese reported that Nantucket Beach Dogs had submitted the only proposal for the upcoming season at Cisco Beach by the deadline. Further, she recommended that the Commission approve the proposal submitted by Mr. Decker as he had been a consistent mobile vendor at Cisco Beach for many years. Upon a motion made by Commissioner Donato and duly seconded by Commissioner Stackpole, it was unanimously VOTED to approve the request and award the 2023 license to "Nantucket Beach ' Dogs". 4. Property Maintenance—UTV Request: Ms. Campese presented an equipment purchase request from Property Manager, Robert Earley, for a new John Deere utility terrain vehicle ("UTV")to replace the 2019 UTV which had been heavily used and was showing signs of deterioration. Upon a motion made by Commissioner Stackpole and/duly seconded by Commissioner Reinhard, it was unanimously VOTED to purchase the John Deere XUV835M (MY23) for the state contract price of$19,578.12 after trade-in. 5. Research Requests on Land Bank Properties — Draft Form Review & Discussion: Ms. Freeman informed the Commission that Dr. Goldstein Murphy had drafted a formal document for review that summarized all research and monitoring requests on Land Bank properties. Upon a motion made by Commissioner Jelleme and duly seconded by Commissioner Reinhard, it was unanimously VOTED to approve the policy and form as recommended by Ms. Freeman. 6. Long Pond/Hummock Pond/Miacomet Pond—Avian Influenza Research Request: Ms. Freeman presented a request from Nichola Hill, a,UMass Boston Biology Graduate student to conduct a study that would focus on active surveillance, to better characterize the continuum of mild to severe disease in HPAI-infected wild birds. Fieldwork would focus on two main hosts based on prior analysis that have played a key role in HPAI transmission which are specifically ducks, gulls, and terns. Bird captures would be performed in collaboration with state and non-profit partners primarily at the Land Bank freshwater ponds. Upon a motion made by Commissioner Jelleme and duly seconded by Commissioner Stackpole, it was unanimously VOTED to approve the research request form as recommended by Ms. Freeman. D. TRANSFER BUSINESS: Land Bank Commission Page 3 April 11, 2023 1. March 2023 Transfers—Record Nos. 45418 through 45489: The Commission reviewed transfers for the period of March 1, 2023,through March 31, 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. 45472 Cory A. Piper 3. Current"0"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"0" exemption as part of a deed-restricted affordable housing program: No. 45474 Heidi Weddendorf E. APPROVAL OF MINUTES: Upon a motion made by Commissioner Jelleme and duly seconded by Commissioner Reinhard it was unanimously VOTED to accept, approve, and release the regular session minutes of March 28,2023, as written. F. FINANCIAL BUSINESS: 1. Monthly Transfer Statistics: Monthly transfer statistics reports comparing fiscal years 2022 and 2023,through March 2023 were presented to the Commission. 2. Warrant Authorization—Cash Disbursements: Upon a motion made by Commissioner Stackpole and duly seconded by Commissioner Donato it was VOTED to execute the April 11, 2023,warrant document in the amount of$402,790.52 to be provided to the County Treasurer. Commissioner Jelleme recused herself. G. COMMISSIONERS ADDITIONAL QUESTIONS AND CONCERNS: 1. Ms. Campese contacted the IT department about improving the Land Bank's technology in order to improve the quality of sound while participating in Zoom meetings. 2. Ms. Bell informed the Commission that historically,the Land Bank had handled road grading maintenance on a portion of the road from Alliance Road to the Eel Point Road access to 40th Pole beach and parking area. It had been two years since it was last graded and the road showed signs of heavy use by service contractors as well as beach goers. Ms. Bell received comments from Eel Point Road residents as well as the Town Manager, Ms. Gibson about the current rough state of the road. Discussion followed and the Commission favored the idea of authorizing Ms. Bell to draft a letter asking for up to 50% of contributions towards the cost of the grading. Ms. Bell asked the Commission if they wanted to grade Falmouth Road as it was an emergency • Land Bank Commission Page 4 April 11, 2023 access road connecting the Cisco Beach Parking area and several Land Bank Smooth Hummocks roads. The consensus of the Commission was to pay for the grading of Falmouth Road. 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- Aye; Reinhard-Aye; Stackpole-Aye. The 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 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 6:17 p.m. Attested to: pc i..). i - Mark onat , Secretary I - Accepted,Approved, and Released by the VOTE of the Commission this 25th day of April 2023. wh,n1 , Neil Paterson, Chairman MONTHLY TRANS7FV STA rSTICS,ISCXAL xYEAR 202.0 _ ,p._ _ _ f n 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 $1'07,212,121 $2,144,242 ' Jun-22 98 57 41 $130,698,457 $122,677,055 $2,453,541 THRUMAR22 1,026 472 554 1,980,810,652 1,910,251,193 38,227,024 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 I !MONTHLYNSFER STATISTICSf,15CbAL YEARt20,23 ' ' " ' .—.—.-� r..zw..-rx...x...r..... ....�ai.rmu. a...v;:,..w:_w....ti...�.._��'a..F—r..,.....:ua....r. ....�zX:.u.....:.�cxe.« +.r»....w. .. t 2,........M1.i.�-...a.a..«....a..w.r.ura..atwi.;1. I-- 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 72 46 26 $90,080,762 $84,013,251 $1,680,265 Apr-23 May-23 Jun-23 THRUMAR23 749 430 319 $1,204,922,360 $1,137,195,630 $22,782,615 Average 83 48 35 $133,880,262 $126,355,070 $2,531,402 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) • DOCUMENTS AND EXHIBITS Nantucket Land Bank Commission. Regular Meeting of April 11, 2023 1. Nantucket Agricultural Logo Powerpoint 2. Land Bank Properties Research Use Policy 3. Figawi Charities Event Request Form for Petrel Landing 4. Land Bank Gardens - Comparative Analysis Spreadsheet 5. Nantucket Beach Dogs Mobile Vendor Concession Proposal 6. 2023 UTV John Deere Gator Estimate 7. Research and Monitoring Agreement Policy Form 8. UMass Boston Research and Monitoring Request Form for Avian Influenza Study 9. Monthly Transfer Report—March 2023 10. Current"M" and"0"Exemptions (see transfer business for record nos.) 11. Fiscal Year Transfer Statistics and Graphs—March 2023 ' 12. Land Bank Financials—March 2023 13. Check Warrant Summary dated April 11, 2023 14. GIS Map of Eel Point Rd Section for Road Grading to 40th Pole Beach Access Rd. C . TRANSFER BUSINESS Nantucket Land Bank Commission Regular Meeting of April 11, 2023 1. March 2023 Transfers—Record Nos. 45418 through 45489 a. Current"M"Exemption and Lien: No. 45472 Cory A. Piper b. Current"0"Exemption and Lien: No. 45474 Heidi Weddendorf 1111 i i