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HomeMy WebLinkAbout2023-5-9AGENDA Nantucket Land Bank Commission Regular Meeting of May 9, 2023 band Bank Conference Room, 22 Broad Street CALL TO ORDER: 4:00 P.M_ A. CONVENE IN OPEN SESSION -" 1 _ PUBLIC COMMENT /STAFF ANNOUNCEMENTS:.' 2. Alt__ BUSINESS '-' a. 168 Hummock Pond Road —Sustainable Nantucket License Renewal �� b. Community Garden — Survey Results and Next Steps 3. PROPERTY MANAGEMENT ' a. Town Wastewater Treatment Facility —Execution of License Pursuant to Request for Assistance with Natural Heritage Mitigation Obligations b. 70 Washington Street — Amendment to Escrow Agreement e. Various Locations — Maria Mitchell Association Discovery Camp Request d. 1 13 Madaket Road — Schedule Site Visit e. Land Bank Properties — Horse Pasturing Discussion £ 69R Sur£side —Encroachment Matter g. Capital Projects -Discussion h. Creeks Preserve/174 Orange Street - ACKlimate Event Request (9/14/23) 4. REGULAR BUSINESS a. Island Coastal Conference -Discussion 5. TRANSFER BUSINESS a. Current "M" Exemptions b. Current "O" Exemptions 6. APPROVAL OF MINUTES a. Regular Meeting of April 25, 2023 7. FINANCIAL BUSINESS a. Monthly Transfer Statistics b. Warrant Authorization —Cash Disbursement c_ Warrant Authorization Refitrtding 2016 Semi -Annual Bond Payment 8_ COMMISSIONERS ADDITIONAL QUESTIONS AND CONCERNS B_ EXECUTIVE SESSION: The Executive 5'ession is for Purpose 6�G-L- c- 30-4, 2I(a)(6)J_ The particular lransacrions and parcels of real estate are nor identfed since disclosure of the properfy itzformation may have a delrimenYa7 impact on the Land I3ank's negotiating position with one or more thirdpartie_s,- andfor Purpose 3 30A, 2I('-)(3)J, discussions concerning strategy with respect to potential and ongoing Iitigarron. The G'ommissiors will not reconvene in open session at the conclusion of executive session. 7 _ 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 8c 313 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) e. Suffolk Superior Court Docket No_ 2284CV02606: Richard Corey, Trustee of Twenty - One Commercial Wharf Nom inee Trust — Massachusetts Department of Environmental Protection, NanLucket Islands I -and bank, and Nantucket Conservation Commission. (Petrel Landing/17 Commercial Street) 3. Real Estate Acquisition C. ADJOURNMENT MINUTES Nantucket Land Bank Commission Regular Meeting of May 9, 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; Eleanor Antonietti, Special Projects Coordinator. Chair of NP&EDC, Mary Longacre was also present at call to order. I. CONVENE IN OPEN SESSION: A. PUBLIC COMMENT/ STAFF ANNOUNCEMENTS: Ms. Campese announced that the Land Bank had received a $5,000 rebate from National Grid for switching to an energy efficient heat pump for heating and cooling in the conference room. B. AGRICULTURAL BUSINESS: 1. 168 Hummock Pond Road — Sustainable Nantucket License Renewal: Ms. Freeman asked to table this discussion because Sustainable Nantucket asked for some amendments to the license. 2. Community Garden — Survey Results and Next Steps: Ms. Freeman reported that the survey had received over two hundred responses and the results were overwhelming in favor of additional community gardens. Ms. Freeman said identifying a location is the next step. Commissioner Jelleme asked staff to come back with recommendations to a future meeting. C. PROPERTY MANAGEMENT: 1. Town Wastewater Treatment Facility — Execution of License Pursuant to Request for Assistance with Natural Heritage Mitigation Obligations: Ms. Bell explained that the Town had outstanding mitigation obligations for the wastewater treatment facility and as a result Natural Heritage has refused to accept any new applications from the town. Ms. Freeman said since the Land Bank has a good relationship with Natural Heritage, she has been helping the town to negotiate a path forward which included the Land Bank taking over the management of the area. Ms. Freeman said that the Land Bank had already been managing a good portion of this as it abuts Land Bank parcels, and it is hard to see the lot lines. She said the cost involved was some staff time. Ms. Bell said the town would grant a license for the 18.19-acre conservation area to the Land Bank pending authorization for the conveyance in fee which needed to be approved at Special Town Meeting in the fall. Upon a motion made by Commissioner Jelleme and duly seconded by Land Bank Commission May 9, 2023 Page 2 Commissioner Donato, it was unanimously VOTED to execute the license agreement subject to amendments by Land Bank counsel. 2. 70 Washington Street — Amendment to Escrow Agreement: Ms. Bell reminded the Commission that she had gotten several opinions from moving haulers that it was not worth moving the house and the current escrow agreement with the former owner obligated him to demolish it at the end of the lease term. Subsequently, the former owner (who is in the house moving business) has requested to retain the house and move it to a new location, but he would need additional time to accomplish it. He requested an extension until November 301h. Upon a motion made by Commissioner Stackpole and duly seconded by Commissioner Reinhard, it was VOTED to amend the escrow agreement to move or demolish the house by November 30, 2023. 3. Various Locations — Maria Mitchell Association ("MMA") Discovery Camp Request: Ms. Antonietti presented a request from the Maria Mitchell Association to visit various Land Bank properties two to three times per week for science -based exploration and activities throughout the summer. As with past summers, there would be approximately 9 to 12 people per group attending the Discovery camp and MMA would confirm property and activity location the week prior with Ms. Antonietti. Upon a motion made by Commissioner Jelleme and duly seconded by Commissioner Reinhard, it was unanimously VOTED to approve the MMA Discovery camp request as recommended by staff. 4. 113 Madaket Road — Schedule Site Visit: Ms. Bell reported that the house site has been restored to grade and the parking lot installed. She asked the Commission if they could attend a meeting on the site for planning purposes. The consensus of the Commission was to schedule a special meeting at 113 Madaket Road on Monday, May 15th at 4:30 p.m. 5. Land Bank Properties — Horse Pasturing Discussion: Chairman Paterson explained that he had been approached by the owner of a horse that is stabled at Dean Long's barn at the brewery and has been pasturing it at Mt. Vernon along with two other horses. She has asked whether the horse pasturing use could continue. Ms. Freeman explained that in response to the most recent solicitation for farming proposals, the collaborative proposal submitted by area farmers had kept the current area where the horses are pastured out of farming and included use of the horses for rotational grazing. Commissioner Jelleme recommended that if the group received the license that the rotational grazing of the current horses be incorporated into the document. Ms. Longacre explained that as part of preparing for the Town of Nantucket's Open Space/Recreation Plan the NP&EDC surveyed the community and access to a public stable was a high priority. Currently there are no public stables and she asked the Commission to consider licensing land for a public riding operation. The Commission thanked Ms. Longacre for her comments and said they would take them under advisement. 6. 69R Surfside Road — Encroachment Matter: Ms. Freeman explained that the owner of 69R Surfside Road has created a parking area on Land Bank property by removing a fence. He has been repeatedly told to rectify the matter and has not and has ceased all communication. Ms. Freeman said since this problem has gone on for several years, she would like Land Bank Commission Page 3 May 9, 2023 to move enforcement to the next level, which would be a letter from Land Bank counsel giving a deadline to remove the cars and keep the area clear. If the deadline is not met the Land Bank would have the police issue a no trespass order and tow the cars and block off the area with barriers. Upon a motion made by Commissioner Jelleme and duly seconded by Commissioner Donato, it was VOTED to have counsel write a letter. Commissioner Stackpole recused himselffrom the discussion and vote. 7. Capital Projects — Discussion: Ms. Bell presented a short presentation explaining the Land Bank's role in coastal resiliency projects, how it protects the Land Bank's properties and relates directly to the Land Bank Act. Chairman Paterson asked if the Commission should rank the projects by priority. Ms. Freeman recommended scheduling a special meeting to discuss the projects and asked what information the Commission would like to prepare for the meeting. After some discussion a special meeting would be scheduled for June 6th at 4:00 p.m. with staff preparing informational documentation that included plans and a narrative that would explain the project and give staff recommendations on priorities, timing and costs broken down by fiscal year for the longer -term projects. 8. Creeks Preserve/174 Orange Street — ACKlimate Event Request (9/14/23): Ms. Antonietti presented a request from ACKlimate to hold a celebration of everyone's resiliency and conservation efforts at the Creeks Preserve on September 14th at 4:00 p.m. for 15 to 30 people with food and drink. Upon a motion made by Commissioner Jelleme and duly seconded by Commissioner Reinhard, it was unanimously VOTED to approve the request. D. REGULAR BUSINESS: 1. Island Coastal Conference — Discussion: Ms. Freeman explained that the Island Coastal Conference was organized by Woods Hole Oceanographic Sea Grant and was held on Nantucket every other year. Ms. Freeman was slated to be a speaker on the topic of. "Nature -Based Solutions, in Practice and Concept." Director of Natural Resources, Jeff Carlson, also requested sponsorship to defray the costs of hosting the conference. Upon a motion made by Commissioner Jelleme and duly seconded by Commissioner Donato, it was unanimously VOTED to sponsor the conference for $1,000, with a willingness to contribute more if necessary. E. TRANSFER BUSINESS: 1. April 2023 Transfers — Record Nos. 45490 through 45539: The Commission reviewed transfers for the period of April 1, 2023, through April 30, 2023. 2. Current "M" Exemption and Lien: Upon a motion made by Commissioner Jelleme and duly seconded by Commissioner Stackpole, it was unanimously VOTED to authorize the placing of a lien against the following property as a result of the purchasers claiming the "M" exemption as first-time buyer of real property: No. 45531 Allison G. Robbins and Ryan J. Lanagan 3. Current "O" Exemptions and Liens: Upon a motion made by Commissioner Land Bank Commission May 9, 2023 Page 4 Jelleme and duly seconded by Commissioner Stackpole, it was unanimously VOTED to authorize the placing of liens against the following properties as a result of the purchasers claiming the "O" exemption as part of a deed -restricted affordable housing program: No. 45499 Jeunny A. Vargus Osorio No. 45521 Dennis Reid and Shannon Reid No. 45522 Forest Edwin Bell No. 45523 Elizah Tripp 4. b. "M" Exemption Update — Release of Lien for additional Financing/No. 44337 Alexandra Moskovitz: Ms. Campese explained that Ms. Moskovitz was in compliance with the current "M" exemption requirements although she had not reached the required five-year period to date. She inquired as to whether the Commission would consider releasing the current lien on her property in order to get additional financing, as her chosen lender would not approve a home equity line of credit ("HELOC") with any liens. Further, Ms. Campese said a lien would be promptly reinstated after the HELOC was recorded and the property owner would be required to pay the recording fee. A motion was made by Commissioner Jelleme and duly seconded by Commissioner Stackpole to authorize the issuance of a Release of Lien to allow Ms. Moskovitz to attain her HELOC and reinstate the lien on the property after the HELOC closing. 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 April 25, 2023, as written. G. FINANCIAL BUSINESS: 1. Monthly Transfer Statistics: Monthly transfer statistics reports comparing fiscal years 2022 and 2023, through April 2023 were presented to the Commission. 2. Warrant Authorization — Cash Disbursements: Upon a motion made by Commissioner Donato and duly seconded by Commissioner Stackpole, it was VOTED to execute the May 9, 2023, warrant document in the amount of $455,944.33 to be provided to the County Treasurer. Commissioner Jelleme recused. 3. Warrant Authorization — Refunding 2016 Semi -Annual Bond Payment: Upon a motion made by Commissioner Donato and duly seconded by Commissioner Stackpole, it was unanimously VOTED to approve payment and authorize staff to wire the Series A semi-annual bond payment of interest in the total amount of $73,350.00 from the Land Bank's Collection Account to the Bond Trustee at U.S. Bank. G. COMMISSIONERS ADDITIONAL QUESTIONS AND CONCERNS: 1. Commissioner Jelleme asked about the status of the Ottison film and the film festival. Ms. Bell explained that the film had been accepted into the festival on the condition that it would be reworked to remove some of the promotional material. Commissioner Jelleme asked that Land Bank Commission May 9, 2023 Page 5 Ms. Bell keep the Commission abreast of such items in the future as they had not seen the final product. 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 7:13 p.m. Attested to: Mark Donato, Secre Accepted, Approved, and Released by the VOTE of the Commission this 23rd day of May 2023. Neil Paterson, Chairman Mo � • � .R�AIV��FE $� �� �� ,� isc.�►, ���A�zozz 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 A r-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 THRU APR 22 1,117 511 606 2,189,495,362 2,114,142,188 42, 312, 834 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 O I. �.I�S E , � S•'t�3 iS �f�FA � 023 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 Au -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 A r-23 50 33 17 $52,530,610 $50,810,810 $1,016,216 May-23 Jun-23 THRU APR 23 799 463 336 $1,257,452,970 $1,188,006,440 $23,798,831 Average 80 46 34 $125,745,297 $118,800,644 $2,379,883 Low 50 33 13 $19,474,665 $17,669,500 $361,896 High 117 59 59 $216,160,950 $206,610,950 $4,132,219 MONTHLY (UNAUDITED) DOCUMENTS AND EXHIBITS Nantucket Land Bank Commission Regular Meeting of May 9, 2023 1. Wastewater Treatment Facility — Draft License 2. Wastewater Treatment Facility - Plan 3. Maria Mitchell Association — Discovery Camp Requests 4. Coastal Resiliency/NLB Powerpoint 5. ACKlimate — Event Request 6. Island Coastal Conference — Sponsorship Request 7. Monthly Transfer Report — April 2023 8. Current "M" and "O" Exemptions (see transfer business for record nos.) 9. M Update (see transfer business for record no.) 10. Fiscal Year Transfer Statistics and Graphs — April 2023 11. Check Warrant Summary dated May 9, 2023 12. Warrant Authorization — 2016 Refunding Series A Bond TRANSFER BUSINESS Nantucket Land Bank Commission Regular Meeting of May 9, 2023 1. April 2023 Transfers — Record Nos. 45490 through 45539 a. Current "M" Exemption and Lien: No. 45531 Allison G. Robbins and Ryan J. Lanagan b. Current "O" Exemption and Lien: No. 45499 Jeynny A. Vargus Osorio No. 45521 Dennis Reid and Shannon Reid No. 45522 Forest Edwin Bell No. 45523 Elizah Tripp 2. "M" Update: a. Release of Lien: No. 44337 Alexandra Moskovitz b. Notice of Lien: No. 44337 Alexandra Moskovitz