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Home My WebLink About2022-12-13 1 MINUTES ri Nantucket Land Bank Commission Regular Meeting of December 13, 2022 ,,a Land Bank Conference Room, 22 Broad Street w y,, k 4 Nantucket,Massachusetts c..... '*� z. p4;t, CALL TO ORDER: 4:00 p.m. N.) 0' It PRESENT: Mark Donato,Kristina Jelleme,Neil Paterson,Allen Reinhard, John Stackpole.= >• 1.1. ,, STAFF PRESENT: Jesse Bell,Executive Director; Susan Campese, Administrator/Finance 2 vt M Manager; Marian Wilson, Assistant Administrator; Elizabeth Phelps, Permitting Assistant; Claire O'Connor, Encroachment/Conservation Restriction Manager. Matthew Haffenreffer, Dylan Wallace and Posie Constable were also present at call to order. I. CONVENE IN OPEN SESSION: A. PUBLIC COMMENT/ STAFF ANNOUNCEMENTS: 1. Ms. Bell reminded the Commission that the ribbon cutting ceremony for Long Pond Landing was scheduled for.Saturday, December 17th at 10 a.m. and the holiday party was scheduled for that evening at 6 p.m. • r_.= 2. Announcement of New Staff: Ms. Bell introduced the new Permitting Assistant, Elizabeth Phelps, and Encroachment/Conservation Manager, Claire O'Connor. Ms. Freeman explained the projects they were working on. The Commission welcomed the new employees. Beth Davies entered the meeting at 4:07 p.m. Ms. Phelps and Ms. O'Connor departed the meeting at 4:10 p.m. B. AGRICULTURAL PROPERTY MANAGEMENT: 1. Agriculture as a Community Benefit—Presentation: Mr. Haffenreffer told the Commission that through his company, Process First, and his involvement with the Nantucket Resource Partnership,he has been working on food systems projects for ten years. He reported that currently 4,500 people were considered food insecure on Nantucket due to finances and 45% of children in the public school qualified for the free lunch program. He noted that producing food locally was healthier,more sustainable, and each acre of land can produce up to 10,000 pounds of produce. He stated that he was excited to see the Land Bank expanding its agricultural presence and that this could contribute to reducing food insecurity on the island. He requested to work with Land Bank staff to identify opportunities within their agricultural programs to address food insecurity issues. Ms. Freeman explained that many of the farmers already sell to the food pantry and provide fresh food to other organizations, such as the schools. Ms. Bell pointed out that any Land Bank farm needed to have a public benefit and ensuring the delivery of fresh food to the neediest segments of the population met that criterion. After some additional discussion,the Commission thanked Mr. AGENDA Nantucket Land Bank Commission • •Regular Meeting of December 13,2022 Land Bank Conference Room,22 Broad Street - CALL TO ORDER: 4:00 P.M. A. CONVENE IN OPEN SESSION 1. PUBLIC COMMENT/STAFF ANNOUNCEMENTS a. Reminder—Long Pond Landing Ribbon Cutting 12/17/22 at loam • b. Announcement of New Staff 2. AGRICULTURAL PROPERTY MANAGEMENT a. Agriculture as a Community Benefit—Presentation 3. PROPERTY MANAGEMENT a. 36B Lily Street—Conservation Commission Application Discussion b. Property Naming Discussion 4. REGULAR BUSINESS a. Request to Rent Storage Unit b. Annual"M"Exemption Amount-Adoption c. 2023 Meeting Schedule 5. TRANSFER BUSINESS a. Current"M"Exemptions b. Current"0"Exemptions c. "M"Exemptions Update 1 6. APPROVAL OF MINUTES a—_ a. Regular Meeting of November 22,2022 b. Special Meeting of November 29,2022 7 FINANCIAL BUSINESS a. Monthly Transfer Statistics b. Warrant Authorization—Cash Disbursement c. Staff Prepared FY22 Financial Summary 8. 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)], 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 r 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 Land Bank Commission Page 2 December 13, 2022 Haffenreffer for his presentation. C. PROPERTY MANAGEMENT: 1. 36B Lily Street—Conservation Commission Application Discussion: Ms. Freeman reminded the Commission that they had asked her to attend the meeting and express the environmental concerns the Commission and staff had with the new application to develop the property. She said several of the Conservation Commissioners had the same concerns and she reiterated and elaborated on them. Then the attorney for the developer explained that the application was for the same plan that was approved three years prior and ranted about the Land Bank for a bit until the Chair told him those comments were irrelevant to the matter at hand. Ms. Freeman said it was pointed out at the meeting that although the plans were the same,the wetland delineation had changed, and they were asking to build within the 50-foot buffer. Accordingly, she said the application had been continued. 2. Property Naming Discussion: Ms. Campese provided a list of properties that had not been named by the Commission and asked them to email her with suggestions that she could compile for a vote at a future meeting. Mr. Haffenreffer, Mr. Wallace, Ms. Constable and Ms. Davies departed the meeting at 4:33 p.m. D. REGULAR BUSINESS: 1. Request to Rent a Storage Unit: Ms. Bell explained that the maintenance staff had made the request to rent a climate-controlled storage unit for furniture that they were currently moving from house to house while renovations were taking place. Ms. Bell presented a listing of options and pricing compiled by Ms. Antonietti from various facilities and recommended a 1_0' x 25' unit at Nantucket Storage Center for$460 per month. Ms. Campese said there was a need for some document storage as well. Upon a motion made by Commissioner Stackpole and duly seconded by Commissioner Donato, it was unanimously VOTED to approve the request. 2. Annual M Exemption Review: Ms. Campese presented statistics for 2020, 2021 and 2022 year to date for"M'' exemption transfers. Based upon an analysis of those statistics and knowledge of current sale prices for residential real property in the Town and County of Nantucket, a motion was made by Commissioner Stackpole and duly seconded by Commissioner Donato, it was unanimously VOTED to increase the value of the"M" exemption to $1,000,000 for the calendar year 2023. 3. 2023 Meeting Schedule: Ms. Campese presented the tentative meeting schedule for 2023,there was some discussion, and it was agreed to cancel the February 28, 2023,meeting due to lack of quorum. E. TRANSFER BUSINESS: t i 1.November 2022 Transfers—Record Nos. 45080 through 45168: The Commission Land Bank Commission Page 3 December 13, 2022 reviewed transfers for the period of November 1, 2022,through November 30,2022. 2. Current"M"Exemptions and Liens: Upon a motion made by Commissioner Stackpole and duly seconded by Commissioner Donato, it was unanimously VOTED to authorize 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. 45127 Rositsa Stefanova and Kikolay Atanasov No. 45153 Patrick M. Considine and Shannon M. Considine No. 45157 Dora E. Chacon and Amilcar S. Chacon 3. Current"0"Exemptions and Liens: Upon a motion made by Commissioner Stackpole and duly seconded by Commissioner Donato, it was unanimously VOTED to authorize 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. 45088 Anna A. Lemus de Delgado and Vincente Delgado Franco No. 45098 Kyle J. Printz and Ashley N. Lawson 4. "M"Exemption Updates: a. One-Year Domicile Non-Compliance/Request for Waiver/Payment/Release of Lien:No. 45153 Shannon M. Considine,—Ms. Campese explained that Ms. Considine had purchased her mother's house and claimed the exemption. Subsequently she and her husband were able to purchase a home more suitable for their family and he was eligible to claim the"M" exemption but since they would be moving into the new home Ms. Considine paid back the fee and interest but requested the penalty ($1,443.58) to be waived. Based on the circumstances and prior decisions, staff recommended waiving the fee. Upon a motion made by Commissioner Stackpole and duly seconded by Commissioner Donato, it was unanimously VOTED to waive the penalty and to authorize the issuance of a Release of Lien. b. Two-Year Domicile Non-Compliance/Request for Extension—No. 42193 Hristo I. Rashkov and Karina Rashkov: Ms. Campese explained that the homeowners purchased their home on October 13, 2020 and were renovating the property themselves and needed more time to move into the home. They expected the renovations to be complete by early fall. Upon a motion made by Commissioner Stackpole and duly seconded by Commissioner Donato, it was unanimously VOTED to approve a one-year extension request through October 13, 2023, in accordance with the recommendations of staff. 5. Transfer Update: a. Release of Lien: No. 4558 Foster R. Herman: Ms. Campese reported that Attorney Michael Wilson had requested a Release of Lien, staff looked through the records and found no 1 outstanding issues with the transfer and therefore recommended releasing the lien. Upon a motion made by Commissioner Stackpole and duly seconded by Commissioner Donato, it was unanimously VOTED to s- authorize the issuance of a Release of Lien. Land Bank Commission Page 4 December 13, 2022 F. 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 November 22, 2022, and special'meeting minutes of November 29, 2022, as written. G. FINANCIAL BUSINESS: 1. Monthly Transfer Statistics: Monthly transfer statistics reports comparing calendar years 2021 and 2022,through November 2022,were presented to the Commission. 2. Warrant Authorization—Cash Disbursements: Upon a motion made by Commissioner Stackpole and duly seconded by Commissioner Reinhard it was unanimously VOTED to execute the December 13, 2022,warrant document in the amount of$374,491.78 to be provided to the County,Treasurer. 3. Staff Prepared FY22 Financial Summary: A motion was made by Commissioner Jelleme and duly seconded by Commissioner Reinhard,to approve the Fiscal Year 2022 Financial Summary as written. H. COMMISSIONERS ADDITIONAL QUESTIONS AND CONCERNS:None. 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. Donato-Aye, Paterson-Aye, Jelleme-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 Reinhard and duly seconded by Commissioner Donato, it was VOTED to adjourn at 6:07 p.m. /03_21_ Attested to: Mark Donat , Secretary Accepted, Approved, and Released by the VOTE of the Commission this 10th day of January 2023. i • �^ Neil Paterson, Chairman MONTHLY TRANSFER`STATISTICS`CALENDAR 2021 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 THRU NOV21 1334 574 752 $2,294,717,120 $2,239,806,830 $44,844,137 • 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'TRANSFERSTATISTICS;CALENDAR•2022; f_ 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 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 THRUNOV22 927 503 424 $1,549,828,122 $1,450,1'76,536 $29,045,949 Average 84 46 39 $140,893,466 $131,834,231 $2,640,541 Low 49 30 19 $64,634,159 $62;761,659 $1,254,483 High 98 58 59 $216,160,950 $206,610,950 $4,132,219 i _ ' MONTHLY(UNAUDITED) DOCUMENTS AND EXHIBITS Nantucket Land Bank Commission Regular Meeting of December 13, 2022 1. Unnamed Property List 2. Storage Unit Rental Options • 3. "M"Exemption Statistics through November 30, 2022 4. 2023 Meeting Schedule 5. Monthly Transfer Report—November 2022 6. Current"M"Exemptions (see transfer business for record nos.) 7. Current"0" Exemption(see transfer business for record nos.) 8. "M"Exemption Updates (see transfer business for record nos.) 9. Transfer Updates (see transfer business for record no.) 10. Calendar Year Transfer Statistics and Graphs—November 2022 11. Check Warrant Summary dated December 13, 2022 12. Staff Prepared FY22 Financial Summary I c TRANSFER BUSINESS Nantucket Land Bank Commission Regular Meeting of December 13,2022 1. November 2022 Transfers—Record Nos. 45080 through 45168 a. Current"M"Exemptions and Liens: No. 45127 Rositsa Stefanova and Nikolay Atanasov No. 45153 Patrick M. Considine and Shannon M. Considine No. 45157 Dora E. Chacon and Amilcar S. Chacon b. Current"0"Exemption and Liens: No. 45088 Anna A. Lemus de Delgado and Vincente Delgado Franco No. 45098 Kyle J. Printz and Ashley N. Lawson 2. "M" Exemption Updates: a. One-Year Domicile Non-Compliance/Request for Waiver/Payment/Release of Lien: '-- No. 45153 Shannon M. Considine b. Two-Year Domicile Non-Compliance—Request for Extension: No. 42193 Hristo I. Rashkov and Karina Rashkov 3. Transfer Update: a. Release of Lien: No. 4558 Foster R. Herman 1 ,