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Home My WebLink About2022-7-12 AGENDA Nantucket Land Bank Commission `'_; 4;: r'- Regular Meeting of July 12, 2022 4 ;`I 41 ;a L L f-i a Land Bank Conference Room, 22 Broad Street 2022 JUL 27 Pei., 3: 06 CALL TO ORDER: 4:00 P.M. A. CONVENE IN OPEN SESSION 1. PUBLIC COMMENT/ STAFF ANNOUNCEMENTS a. Long Pond Landing—Pier Discussion 2. PROPERTY MANAGEMENT a. 70 Miacomet Road/Ferreira—Trail Proposal 3. REGULAR BUSINESS a. Coastal Resiliency Advisory Committee—Appointment(Ratify & Confirm) b. Nantucket Clean Water Coalition—Participation and Letter Endorsement 4. TRANSFER BUSINESS a. Current"M"Exemptions b. Current"0" Exemption c. Three-Year Ownership Non-Compliance—Request for Waiver d. Five-Year Domicile Non-Compliance—Notice of Assessment 5. APPROVAL OF MINUTES a. Regular Meeting of June 28, 2022 6. FINANCIAL BUSINESS a. Monthly Transfer Statistics b. Warrant Authorization—Cash Disbursement - c. Warrant Authorization—Fiscal Year 2022 Cash Disbursements 7. COMMISSIONERS ADDITIONAL QUESTIONS AND CONCERNS B. EXECUTIVE SESSION: The Executive Session is for Purpose 6[G.L. c: 30A, 21(a)(611. 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. The Commission will not reconvene in open session at the conclusion of executive session. 1. Approval of Executive Session Minutes 2. Real Estate Acquisition C. ADJOURNMENT MINUTES Nantucket Land Bank Commission Regular Meeting of July 12, 2022 • 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; Eleanor Antonietti, Executive Assistant; Marian Wilson, Assistant Administrator; Rachael Freeman, Director of Environmental and Agricultural Resources; John Kuszpa, Director of Property Management; Alex Dumont, Seasonal Ecology Land Management Technician. Bruce Mandel, Madaket Resident; Paul Santos, Nantucket Surveyor; Cole Bateman, Engineer • with Coastal Engineering were also present at call to order. A. CONVENE IN OPEN SESSION: 1. PUBLIC COMMENT/ STAFF ANNOUNCEMENTS: a. Long Pond Landing—Pier Discussion: Mr. Mandel explained that he and other members of the Madaket Conservation Association had made great efforts to clean up Long Pond over the years. He expressed concern about the use of CCA-treated lumber for the cross- braces,pile caps, and stringers in the substructure of the new pier. He was worried that the arsenic in the treated wood would leach into the pond from stormwater runoff and also percolate into the groundwater. Mr. Bateman explained that the lumber in question met the Massachusetts DEP and DMF guidelines for small docks and piers and further,the location and vertical orientation of the lumber under the surface decking minimized any potential leaching effects. He said that while it was possible to use other materials, that lumber was not as decay-resistant, not as structurally reliable from an engineering perspective, and further, would require more maintenance which would also have negative environmental impacts. Chairman Paterson asked if the CCA-lumber had a sealant that could be applied to prevent leaching. Mr. Bateman confirmed there was but it would require annual maintenance. Ms. Bell thanked Mr. Mandel for his input explaining that staff was still doing diligence on this issue and would follow up with him when more information was known. Mr. Mandel departed the meeting at 4:21 p.m. Ms. Bell asked Mr. Santos to look into the town pier projects to see what materials they were using. Mr. Santos and Mr. Bateman departed the meeting at 4:25 p.m. b. Petrel Landing—DEP Appeal Decision: Ms. Bell reported that the Office of Land Bank Commission Page 2 July 12, 2022 Appeals and Dispute Resolution at DEP released a Recommended Final Decision that was favorable to the Land Bank on the Petrel Landing project. Once the Final Decision is issued in one to two weeks there would be a 30-day appeal window. 2. PROPERTY MANAGEMENT: a. 70 Miacomet Road/Ferreira—Trail Proposal: Ms. Freeman presented an aerial map of the property with a proposed trail first identified by Guthrie Diamond and Robert Earley and mapped by Mr. Dumont. Ms. Freeman said this was a start and additional trails could be added once they see how the property is utilized by the public. She also recommended adding a two parking spots parallel to the road. Commissioner Donato suggested adding a few more parking spaces. Ms. Freeman asked the Commission to approve the trail so she could apply to Natural Heritage for permitting. Upon a motion made by Commissioner Stackpole and duly seconded by Commissioner Reinhard, it was unanimously VOTED to approve the trail and instruct staff to explore additional parking alternatives. Further,the Commission instructed staff to bring naming options for the property to a future meeting. 3. REGULAR BUSINESS: a. Coastal Resiliency Advisory Committee—Appointment(Ratify & Confirm): Ms. Bell explained that the Town had expanded the committee by two additional members and Iasked for a representative from the Land Bank. She wholeheartedly recommended Rachael Freeman as the representative. Upon a motion made by Commissioner Reinhard and duly seconded by Commissioner Donato, it was unanimously VOTED to ratify and confirm the appointment of Ms. Freeman to the Coastal Resiliency Advisory Committee as the Land Bank representative. • b.Nantucket Clean Water Coalition—Participation and Letter Endorsement: Ms. Bell said she, Chairman Paterson, and Commissioner Jelleme had attended a meeting'organized by the Nantucket Land Council and Maria Mitchell Association to start the coalition with various environmental, conservation and non-profit organizations. The wanted to start by focusing on fertilizer management, wastewater management and stormwater management and reach out to the town to ask what the coalition could do to help advance these priorities. After some discussion a motion was made by Commissioner Donator and duly seconded by Commissioner Jelleme,it was unanimously VOTED to approve and sign on to the initial letter but asked Ms. Bell to make clear that any additional letters or initiatives would need to be approved by the Commission. 4. TRANSFER BUSINESS: a. June 2022 Transfers—Record Nos. 44635 through 44733: The Commission reviewed transfers for the period of June 1, 2022,through June 30, 2022. • Land Bank Commission Page 3 July 12, 2022 1. Current"M"Exemptions and Liens: The Commission authorized the placing of liens against the following properties as a result of the purchasers claiming the"M" exemption as first-time buyers of real property: No. 44680 Andrew M. Dean and Anna Dean No. 44717 Everton A. Mitchell and Venisha A. Mitchell 2. Current"0"Exemptions and Liens: The Commission authorized the placing of a 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. 44639 Vincent A. Clarke No. 44686 Nathaniel Scott Upon a motion made by Commissioner Stackpole and duly seconded by Commissioner Donato,it was unanimously VOTED to execute and authorize the issuance of Notices of Liens on the above- referenced properties. 3. Three-Year Ownership Non-Compliance/Request for Waiver/Payment/Release of Lien:No. 48091 Christopher D. O'Reilly and Clarissa J. Esco: Ms. Campese explained that the owners have sold the property prior to completion of their"M" exemption requirements due to growing problems in the neighborhood. They have decided to sell and move off-island as they could not afford to purchase another property on Nantucket in a better area. Accordingly,they have requested that the Commission waive the penalty, and Ms. Campese was in support of the request. Upon a motion made by Commissioner Stackpole and duly seconded by Commissioner Jelleme, it was unanimously VOTED to waive the penalty ($1,900) and provide a Release of Lien to the purchaser or their representative upon payment of the fee ($7,600) and accrued interest($3,189.09). 4. Five-Year Domicile Non-Compliance/Notice of Assessment-No. 35357 Andrew P. Minihan: Ms. Campese explained that Mr. Minihan purchased vacant land on July 15, 2015 and had since requested and received two extensions of time to domicile in the property by the Commission. The extensions have all expired and the lot was still vacant. Ms. Campese asked the Commission to vote a notice of assessment for the fee, interest and penalty totaling $16,696.17 as of today and to execute an unsubordinated lien to be recorded against the property. Upon a motion made by Commissioner Jelleme and duly seconded by Commissioner Stackpole, it was unanimously VOTED the Notice of Assessment and execute the unsubordinated lien for recordation at the Nantucket Registry of Deeds. • 5. APPROVAL OF MINUTES: Upon a motion 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 28, 2022, as written. { 6. FINANCIAL BUSINESS: • Land Bank Commission Page 4 July 12, 2022 a. Monthly Transfer Statistics: Monthly transfer statistics reports comparing fiscal years 2021 and 2022 through June 2022 and calendar years 2021 and 2022 were presented to the Commission. b. Warrant Authorization—Cash Disbursements: Upon a motion made by Commissioner Stackpole and duly seconded by Commissioner Jelleme, it was VOTED to execute the July 12, 2022,warrant document in the amount of$9,669.84 to be provided to the County Treasurer. c. Warrant Authorization—Fiscal Year 2022 Cash Disbursements: Upon a motion made by Commissioner Stackpole and duly seconded by Commissioner Jelleme, it was VOTED to execute the June 30, 2022, warrant document in the amount of$369,495.84 to be provided to the County Treasurer. 7. COMMISSIONERS ADDITIONAL QUESTIONS AND CONCERNS: a. Road Grading: Chairman Paterson inquired about the development of bid specifications for road grading and Mr. Kuszpa indicated that he was still doing some diligence on locally sourced materials prior to reissuing the bid package with the new contract terms. b. Trailhead Signage: Commissioner Reinhard complemented the staff, iI particularly Robert Earley, on the condition of the Land Bank properties. He asked about the status of the trailhead signage. Ms. Campese and Ms. Freeman explained that some of the signs were ready to order and there were still a few that needed updated aerials. Ms. Campese said she and Ms. Freeman would place an order for a few of the signs this week. c. Warrens Landing: Commissioner Reinhard asked about the status of the approved trails. Ms. Freeman said that the trail was marked and ready to be cut. d. Sconset Path: Commissioner Donato asked about the status of the trail from Cannonbury Lane in Sconset. Ms. Freeman said Mr. Dumont had flagged the path and it was going to Natural Heritage. e. Creeks Preserve: Commissioner Donato commented on how lovely the meadow looked with the clover in bloom. Ms. Bell explained that the Blue Stem and Yarrow that was planted by staff should overtake the clover by next year. Talk ensued on how the property was enjoyed by all ages. Ms. Bell reported that Caroline Ellis had sent an email requesting a picnic table be placed in a shady spot on the property. The consensus was positive, and staff would add or move a bench into the shade. • Mr. Kuszpa and Mr. Dumont departed the meeting at 5:15 p.m. 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 and review and approve executive session minutes. A • Land Bank Commission Page 5 July 12, 2022 roll call vote was taken on the motion: Mark Donato-Aye;Neil Paterson-Aye; Allen Reinhard- Aye; John Stackpole-Aye. The Chairman declared under Purpose 6 [G.L. c. 30A, 21(a)(6)] that discussion of these matters in open session may be detrimental to the Land Bank's negotiating position. ADJOURNMENT: Upon a motion made by Commissioner Reinhard and duly seconded by Commissioner Donato, it was VOTED to adjourn at 6:02 p.m. Attested to: Mark Donato, Treasurer Accepted,Appr ved, and Released by the VOTE of the Commiss on this 26th day of July 2022 Neil Paterson, Chairman I ;MONTHLY TRANSFER STATISTICS!FISCAL YEAR,2021 " '- FY21 Total Exempt Taxable Total Gross Gross Revenue Month Transfers Transfers Transfers Value Value Taxable Received Jul-20 101 57 44 $137,529,158 $130,894,991 $2,617,900 Aug-20 104 49 55 $176,375,099 $171,288,925 $3,435,779 Sep-20 159 42 117 $363,276,137 $362,676,137 $7,253,523 Oct-20 201 68 133 $373,250,751 $367,511,350 $7,359,923 Nov-20 121 40 81 $218,588,228 $214,313,827 $4,286,277 Dec-20 256 146 110 $307,862,539 $302,257,539 $6,053,651 Jan-21 118 60 50 $108,513,635 $102,961,135 $2,069,223 Feb-21 87 48 39 $107,677,305 $99,427,305 $1,988,546 Mar-21 125 62 63 $149,643,408 $144,563,748 $2,903,275 Apr-21 154 74 80 - $253,758,427 $248,349,549 $4,980,991 May-21 113 47 66 $129,395,513 $124,775,513 $2,495,510 Jun-21 111 44 67 $162,548,991 $159,052,699 $3,181,054 TOTAYFY21 1,650 737 905 2,488,419,192 2,428,072,718 48,625,651 Average 138 61 75 $207,368,266 $202,339,393 $4,052,138 Low 87 40 39 $107,677,305 $99,427,305 $1,988,546 High 256 146 133 $373,250,751 $367,511,350 $7,359,923 MONTHLY TRANSFER'STATISTICS FISCAL YEAR'2022 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 TOTAL FY22 1,300 618 682 $2,435,130,939 $2,344,031,363. $46,910,617 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(UNAUDITED) MONTHLY TRANSFER STATISTICS CALENDAR 2021 I I CAL21 Total Exempt Taxable Total Gross Gross Revenue , Month Transfers Transfers Transfers Value Value Taxable Received Jan-21 118 60 50 $108,513,635 $102,961,135 $2,069,223 Feb-21 87 48 39 $107,677,305 $99,427,305 $1,988,546 Mar-21 125 62 63 $149,643,408 $144,563,748 $2,903,275 Apr-21 154 74 80 $253,758,427 $248,349,549 $4,980,991 May-21 113 47 66 $129,395,513 $124,775,513 $2,495,510 Jun-21 111 44 67 $162,548,991 $159,052,699 $3,181,054 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 THRUJUN21 708 335 365 $911,537,279 $879,129,949 $17,618,599 Average 126 56 69 $217,307,348 $211,611,907 $4,236,238 Low 86 34 39 $107,677,305 $99,427,305 $1,988,546 High 197 103 141 $582,600,629 $579,326,185 $11,586,524 MONTHLY TRANSFER STATISTICS CALENDAR 2022 i CAL22 Total Exempt Taxable Total Gross Gross Revenue Month Transfers Transfers Transfers Value Value Taxable Received 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 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 • THRU JUN 22 497 276 221 $738,980,046 $683,818,428 $13,694,359 Average 83 46 37 $123,163,341 $113,969,738 $2,282,393 Low 49 30 19 $64,634,159 $62,761,659 $1,254,483 High 98 58 52 $208,684,710 $203,890,995 $4,085,810 MONTHLY(UNAUDITED) 1-1 DOCUMENTS AND EXHIBITS Nantucket Land Bank Commission Regular Meeting of July 12, 2022 1. Pictures and Documents provided by Bruce Mandel (re: Long Pond Landing Pier) 2. 70 Miacomet Road-Proposed Trail 3. Clean Water documents and letter 4. Monthly Transfer Report-June 2022 5. Current"M"Exemptions (see transfer business for record nos.) 6. Current"0" Exemptions (see transfer business for record nos.) 7. Three-Year Ownership Non-Compliance-Waiver/Release of Lien (see transfer business for record no.) 8. Five-Year Domicile Non-Compliance-Notice of Asses sment/Unsubordinated Lien (see transfer business for record no.) 9. Fiscal Year and Calendar Year Transfer Statistics and Graphs-June 2022 10. Check Warrant Summary dated July 12, 2022 11. FY22 End Check Warrant Summary dated June 30, 2022 1 TRANSFER BUSINESS 1.1 Nantucket Land Bank Commission Regular Meeting of July 12, 2022 1. June 2022 Transfers—Record Nos. 44635 through 44733 a. Current"M" Exemptions and Liens: No. 44680 Andrew M. Dean and Anna Dean No. 44717 Everton A. Mitchell and Venisha A. Mitchell b. Current"0"Exemptions and Liens: No. 44639 Vincent A. Clarke No. 44686 Nathaniel Scott 2. Transfer Updates a. Three-Year Ownership Non-Compliance/Request for Waiver/Payment/Release of Lien No.48091 Christopher D. O'Reilly and Clarissa J. Esco i b. Five-Year Domicile Non-Compliance—Notice of Assessment No. 35357 Andrew P. Minihan