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HomeMy WebLinkAbout2023-6-13 (3) , 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 2 , June 13, 2023 transfers for the period of May 1, 2023, through May 31, 2023. 3. 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 properties as a result of the purchasers claiming the"M" exemption as first-time buyer of real property: No. 45547 Kyle Daley and Lindsay Daley No. 45592 Pamella James Bloise and Keith Bloise 4."M"Exemption Update/Five-Year Domicile and Ownership Compliance—Release of Liens (duplicates for lost releases of liens): Upon a motion made by Commissioner Jelleme and duly seconded by Commissioner Donato, it was unanimously VOTED to authorize the issuance of a Release of Liens for the following transfer: No. 28953 Timothy Shea C. PROPERTY MANAGEMENT: 1. 17 Commercial Wharf/Petrel Landing—Request for Oyster Upweller: Girl Scout, Carley Ray, who is working on her Gold Award which involved a community project. She requested placing an oyster upweller at Petrel Landing. She with her advisors from Natural Resource Department and Nantucket Land Council will build the upweller at the high school and it will be place in the harbor at Petrel Landing for the summer with educational signage. The upweller will be maintained by volunteers organized and scheduled by Ms. Ray. It will require fresh water and electricity from 15 Commercial Wharf. Upon a motion made by Commissioner Donato and duly seconded by Commissioner Stackpole, it was unanimously VOTED to approve the request. Ms. Ray, Ms. Ray, Ms. Hill and Mr. Turcotte departed the meeting at 4:44 p.m. 2. Various Properties—Forest Management Proposal: Dr. Goldstein Murphy described the eminent threats facing Nantucket's pitch pine forests which include climate change, drought, wildfire and southern pine beetles. She said solutions to create a resilient forest included thinning the trees and understory to creating a pine barren habitat. She said the first step was to hire a forester to create forest management plans for the Land Bank's largest pitch pine forests at Gardner Farm, Miacomet Woods, Hinsdale Park and the Milestone Corridor. These properties amount to 463 acres of land with 293 acres of pine forest. Dr. Murphy solicited proposals from five foresters, and she recommended contracting Adam Moore as his proposal was the most comprehensive. The price was up to $24,000 for the four plans and a grant from the Department of Conservation and Recreation should cover between$5,707 to $10,126 of the cost depending on the acreage they accept. Upon a motion made by Commissioner Stackpole and duly seconded by Commissioner Jelleme, it was unanimously VOTED to approve the proposal from Adam Moore. Dr. Goldstein Murphy departed the meeting at 5:02 p.m. 3. Inclusive Work Opportunities Nantucket—Request for Summer 2023 Tasks: Mr. Land Bank Commission Page 3 June 13, 2023 IMalitsky 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 Page 4 June 13, 2023 f-- kayaks and paddle boards in the parking lots which are farther away, but the crafts are much lighter and therefore easier to move. Ms. Freeman pointed out an area in the parking lot that could accommodate some racks, but it was a good distance from the beach. Commissioner Jelleme asked if staff could investigate if a direct path to the beach could be permitted. The consensus was a long- term solution was needed and asked staff to come back with a detailed recommendation. 7. 5 Miacomet Road/Dog Park—Management Discussion: Ms. Freeman said the large dog park had become a maintenance issue and staff and Commissioner Jelleme had discussed various solutions. The main objective was to disperse the people and dogs to other areas of the park since the entrance area was suffering from overuse. She presented a sketch plan illustrating some of the possible changes to achieve that goal. She recommended expanding the concrete pad at the entrance and putting a four-foot chain link fence just beyond the concrete pad to direct people around the edge of the park rather than right in front of the entrance. Further she suggested continuing the concrete path, so it looped around the whole park and installing additional benches and dog waste stations at the far end of the park. Additionally, she recommended installing pea stone along the fence for ease of maintenance. Ms. Freeman said additional waste dispensers and benches could be installed now, but all other improvements would be planned for the fall and winter, and she would come back with more detailed plans and pricing. Additionally, a temporary surveillance camera has been installed while a permanent system was sourced in order to be a deterrent in the future. Commissioner Jelleme said she had some concerns about the chain link fence and would like to look at alternative ways to direct traffic patterns around the path. 8.Nantucket Racket Sports Association/82 Hinsdale Road—RFP Process Vote: Upon a motion made by Commissioner Jelleme and duly seconded by Commissioner Donato, it was unanimously VOTED to use the RFP process pursuant to a determination that it is necessary for the Land Bank to compare proposals for design services based on the relevant experience, skills and qualifications of Designers who will be expected to provide a full range of high-quality design and engineering services in connection with the expansion of the NRSA facility. Fostering competition among qualified designers through a fair, open process that considers qualifications and price is the best way to obtain high-quality services at a favorable price. This process will enable the Land Bank to prioritize these qualitative factors and assign higher ratings to Designers who have extensive experience in and demonstrated knowledge of the racket sports industry, but who may not propose the lowest price, based on detailed comparative criteria set forth in the RFP. 9. 40th Pole—Management Discussion: Ms. Freeman told the Commission that the effects of sea level rise were apparent at 40th Pole. A significant portion of the dune was gone. There were some plants growing in its place and letting them take hold would help stabilize the area, however, to do that the area would need to be blocked off to drivers, which would create an unsafe situation. She said she met with property staff and had come up with a plan to manage the beach for the summer but long term she said if the beach was important to save it would be helpful to hire someone to do some modeling to see if the dune would migrate back or just disappear. The Commissioners agreed that it was a very popular beach and wanted it kept open for beach driving. t 10. Capital Projects Review Continued—Long-Term Projects: Discussion tabled to a future meeting. • Land Bank Commission Page 5 June 13, 2023 D. AGRICULTURAL BUSINESS: 1. 168 Hummock Pond Road—Sustainable Nantucket License Renewal: Tabled to a future meeting. 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. Land Bank Commission Page 6 • June 13, 2023 2. Warrant Authorization—Cash Disbursements: Upon a motion made by Commissioner Stackpole and duly seconded by Commissioner Reinhard, it was VOTED to execute the June13, 2023, warrant document in the amount of$585,054.00 to be provided to the County Treasurer. Commissioner Jelleme recused. G. COMMISSIONERS ADDITIONAL QUESTIONS AND CONCERNS: None. Ms. Freeman and Mr. Geddes departed the meeting at 6:08 p.m. 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 6:35 p.m. EtAci Attested to: lien B. Rei ard, Secretary Accepted, Appro ed, and Released by the VOTE of the Commissi n this 27th day of June 2023. Neil Paterson, Chairman MONTHLY TRANSFER STATISTICS FISCAL YEAR 2022 r. rm. ._ ,______rt _..- , .. _. 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 THRU MAY22 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 TRANSFER STATISTICS FISCAL YEAR 2023 1 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 50 33 17 $52,530,610 $50,810,810 $1,016,216 May-23 82 46 36 $123,501,599 $119,844,099 $2,396,882 THRUMAY23 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 High 117 59 59 $216,160,950 $206,610,950 $4,132,219 MONTHLY(UNAUDITED) l DOCUMENTS AND EXHIBITS Nantucket Land Bank Commission Regular Meeting of June 13, 2023 1. NLB Statutory Definitions Handout 2. Letter from The Richmond Company, Inc. Regarding Rec no. 45616 3. Monthly Transfer Report—May 2023 4. Current"M"Exemptions (see transfer business for record nos.) 5. M Update (see transfer business for record nos.) 6. Power Point Presentation—Oyster Upweller at Petrel Landing 7. Power Point Presentation—Forest Management 8. Inclusive Work Opportunities Nantucket—Proposal 9. Filming Request various times and locations tbd 10. Dog Park Improvement—conceptual design 11. Outreach and Technical Support Contract—Scape Landscape Architects 12. Outreach and Technical Support Contract—Woods Hole Group 13. Fiscal Year Transfer Statistics and Graphs—May 2023 14. Check Warrant Summary dated June 13, 2023 t { ., s ` 1 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 l i