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Home My WebLink About2023-6-13AGENDA Nantucket Land Bank Commission Regular Meeting of June 13, 2023 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. Island Coastal Conference — June 12, 2023 2. TRANSFER BUSINESS a. Transfer of Corporate Interest — Request for Waiver/Release of Lien b. Current "M" Exemptions c. "M" Exemption Update — Release of Liens 3. PROPERTY MANAGEMENT a. Various Properties - Forest Management Proposal b. 17 Commercial Wharf/Petrel Landing — Request for Oyster Upweller c. Inclusive Work Opportunities Nantucket — Request for Summer 2023 Tasks d. Multiple Locations — Filming Request e. 220 Hummock Pond Road — Conservation Restriction Enforcement f. 4 Polpis Harbor Road/Holly Farm — Boat Storage Discussion g. 5 Miacomet Road/Dog Park — Management Discussion h. Nantucket Racquet Sports Association/82 Hinsdale Rd — RFP Process Vote i. 401 Pole — Management Discussion j. Capital Projects Review Continued — Long -Term Projects 4. AGRICULTURAL BUSINESS a. 168 Hummock Pond Road — Sustainable Nantucket License Renewal b. 19 Wauwinet Road — License Execution c. 168 Hummock Pond Road/Mt. Vernon Farm — RFR Award of Farmland License d. 19 Wauwinet Road/166 Hummock Pond Road —Replacement of Greenhouses Discussion 5. REGULAR BUSINESS a. Outreach & Technical Support Contracts b. Annual Election of Officers 6. APPROVAL OF MINUTES a. Regular Meeting of May 23, 2023 b. Special Meeting of May 15, 2023 7. FINANCIAL BUSINESS a. Monthly Transfer Statistics b. Warrant Authorization — Cash Disbursement 8. 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 potential and 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. 20MISCO00058: The Ceylon Elves, LLC v. Nantucket Islands Land Bank Commission (3 & 3B Wyer's Way) MINUTES Nantucket Land Bank Commission Regular Meeting of June 13, 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; Marian Wilson, Assistant Administrator; Rachael Freeman, Director of Environmental and Agricultural Resources; Eleanor Antonietti, Special Projects Coordinator; Dr. Emily Goldstein Murphy, Research Ecologist. Land Bank Counsel, Valerie Swett was present via Zoom. The Inquirer & Mirror, Reporter, Dean Geddes; Girl Scout, Carley Ray; Crystal Ray, Coastal Resilience Coordinator, Leah Hill; Nantucket Land Council, Nantucket Waterkeeper, RJ Turcotte; Attorney, Steven Cohen; Legal Intern, Melissa Murphy; Richmond Great Point Development, President, Philip Pastan and General Counsel, Andrew Burek were also present at call to order. I. CONVENE IN OPEN SESSION: A. PUBLIC COMMENT/ STAFF ANNOUNCEMENTS: Ms. Bell reported that the Island Coastal Conference that the Land Bank was a sponsor went well and Ms. Freeman gave a great presentation. She said the conference was recorded and would be available on YouTube. Josh Malitsky entered the meeting at 5: 09 p.m. B. TRANSFER BUSINESS: 1. Transfer of Corporate Interest — Request for Waiver/Release of Lien: Attorney Cohen told the Commission that although his client had paid the fee and interest, they thought there was another way to calculate the fair market value on the properties which would reduce the fee. He said beyond the definition of purchase price the act said the fair market value could be determined and adjusted for restrictions and liabilities that would affect the value. Ms. Bell pointed out that use of the fair market value was used in the absence of a purchase price and the paperwork provided by his client spelled out the purchase price as debt obligations on the properties. Attorney Swett said she did not agree with Mr. Cohen's interpretation of the Land Bank Act. Mr. Cohen asked for a waiver of the penalty as it was a negligence penalty, and he did not feel that was appropriate. After some discussion, a motion was made by Commissioner Stackpole and duly seconded by Commissioner Jelleme, it was VOTED to waive the penalty of $60,678.78 as of today. Chairman Paterson voted nay. Mr. Pastan, Attorney Cohen, Attorney Burek and Ms. Murphy departed the meeting at 4:38 p.m. 2. May 2023 Transfers — Record Nos. 45540 through 45621: The Commission reviewed Land Bank Commission Page 3 June 13, 2023 Malitsky told the Commission he had started a work program the previous summer for teens and young adults with disabilities, such as autism or down syndrome to provide a safe and productive work environment. Last summer the town provided work for three young adults picking up trash four mornings a week for three hours. This summer he has eleven or twelve people wanting to participate in the program. He will be working with the town again, who will be providing a $10,000 grant to help pay for a supervisor. He is hoping the Land Bank can pay an additional $3,000 needed for the supervisor plus provide work at $15 per hour for weeding and cleaning properties in the morning and have a group of workers help archive documents (scanning) off -site for those who do not want or are not able to work outdoors. The cost of labor for the summer would be $9,607.50. Mr. Malitsky said the hope is to set up a 501 (c)3 organization to expand offerings and opportunities for clients into the future. Upon a motion made by Commissioner Jelleme and duly seconded by Commissioner Stackpole, it was VOTED to approve the request for a price not to exceed $12,607.50. Mr. Malitsky departed the meeting at 5:11 p.m. 4. Multiple Locations — Filming Request: Ms. Antonietti presented a request from Jeffrey Blondes and Tracey Grace to film at various Land Bank locations from sunrise to sunset four times per year (one each season) for four to five days per season. Further they requested a waiver of the fee and for a wooden stake to mark the location of the tripod throughout the year until the filming is done. Ms. Antonietti said she told them they would have to use GPS to mark the spot rather than a stake. After some discussion, a motion was made by Commissioner Jelleme and duly seconded by Commissioner Donato, it was unanimously VOTED to approve the request with the fee reduced from $250 per day to $100 per day. 5. 220 Hummock Pond Road — Conservation Restriction Enforcement: Ms. Freeman explained that the homeowners at 2 and 4 Melville Court had been mowing the Homeowners Associations open space area that was subject to a Conservation Restriction ("CR") held jointly by the Land Bank and the Nantucket Land Council. Ms. Freeman said the owners of 2 Melville have been responsive, but the owners of 4 Melville have not, and this resulted in the Land Bank installing a split rail fence on the property line which is right up against their deck. Ms. Freeman recommended that now that we have the homeowner's attention, and they want the fence removed, it is time to ask them for funds to be held in escrow to revegetate the property. Upon a motion made by Commissioner Jelleme and duly seconded by Commissioner Reinhard, it was unanimously VOTED to work with the homeowner to rectify the situation and to support the staff in their enforcement of the CR. 6. 4 Polpis Harbor Road/Holly Farm — Boat Storage Discussion: Ms. Campese read some comments from Property Foremen, Jeffrey Pollock who could not attend the meeting. She went over the progression of storage capacity over the years and some long-term solutions to rectify the need for more. Some options would be to institute a sticker program that would limit the amount of small watercraft storage per address. He has found that caretakers bring down multiple kayaks and paddle boards per house and take up space and do not seem to be utilized much during the summer. This solution would take additional administrative and enforcement time for the summer staff. Other suggestions would be to redesign racks to condense storage and add a third tier to the top. Another solution would be to reserve the racks on the beach for dinghies and put racks for Land Bank Commission June 13, 2023 D. AGRICULTURAL BUSINESS: future meeting. Page 5 1. 168 Hummock Pond Road — Sustainable Nantucket License Renewal: Tabled to a 2. 19 Wauwinet Road — License Execution: Tabled to a future meeting. 3. 168 Hummock Pond Road/Mt. Vernon Farm — RFR Award of Farmland License: Tabled to a future meeting. 4. 19 Wauwinet Road/166 Hummock Pond Road — Replacement of Greenhouses: Ms. Bell said the contractor was looking at other vendors for the replacement of the community garden greenhouse and the timing and pricing were not acceptable. For the historic greenhouse at Eat Fire Spring she recommended going back to the Historic District Commission to try to replace the glass with polycarbonate rather than glass as the cost was prohibitive and the past owner had maintenance issues when he had to replace the panes with glass. The consensus of the Commission was to try again for the polycarbonate. D. REGULAR BUSINESS: 1. Outreach & Technical Support Contracts: Ms. Bell asked the Commission to approve two contracts from Scape Landscape Architects and Woods Hole Group for on -call support as needed for a price not to exceed $10,000 for each contract. Upon a motion made by Commissioner Jelleme and duly seconded by Commissioner Stackpole, it was unanimously VOTED to approve the contracts. 2. Annual Election of Officers: Upon a motion made by Commissioner Stackpole and duly seconded by Commissioner Reinhard, it was unanimously VOTED to elect the following slate of officers: Neil Paterson Chairman Kristina Jelleme Vice Chair Mark Donato Treasurer Allen Reinhard Secretary John Stackpole Vice Treasurer/Vice Secretary E. APPROVAL OF MINUTES: Upon a motion made by Commissioner Reinhard and duly seconded by Commissioner Stackpole, it was unanimously VOTED to accept, approve, and release the regular session minutes of May 23, 2023, as written. F. FINANCIAL BUSINESS: 1. Monthly Transfer Statistics: Monthly transfer statistics reports comparing fiscal years 2022 and 2023, through May 2023 were presented to the Commission. 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 Au -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 Ma -22 85 50 35 $114,937,121 $107,212,121 L $2,144,242 Jun-22 98 57 41 $130,698,457 $122,677,055 $2,453,541 THRUMAY 22 1,202 561 641 2,304,432,483 2,221,354,308 44,457,076 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 --- FY23 TRANSFER STATISTICS FISCAL YEAR 2023 Total Exempt Taxable Total Gross Gross Revenue Month Transfers Transfers Transfersl 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 1 $19,474,665 $17,669,500 $361,890 Mar-23 72 46 26 $90,080,762 $84,013,251 $1,680,265 Apr-23 50 33 17 $52,530,610 $50,810,810 $1,016,216 Ma -23 82 46 36 $123,501,599 $119,844,099 $2,396,882 THRU MAY 23 881 509 372 $1,380,954,569 $1,307,850,538 $26,195,713 Average 80 46 34 $125,541,324 $118,895,503 $2,381,428 Low 50 33 13 $19,474,665 $17,669,500 $361,890 Hi h 117 59 59 $216,160,950 $206,610,950 $4,132,219 MONTHLY (UNAUDITED) TRANSFER BUSINESS Nantucket Land Bank Commission Regular Meeting of June 13, 2023 1. Transfer of Corporate Interest — Request for Waiver/Release of Lien: No. 45616 Richmond Great Point Development, LLC and The Richmond Company Inc. 2. May 2023 Transfers — Record Nos. 45540 through 45621 a. Current "M" Exemption and Liens: No. 45547 Kyle Daley and Lindsay Daley No. 45592 Pamella James Bloise and Keith Bloise 3. "M" Exemption Update: a. Five -Year Domicile and Ownership Compliance — Release of Liens: No. 28953 Timothy Shea