Minutes
Gustavus Land Legacy
April 19, 2004
GCA Building, Salmon River Park, 4/19/04, 7 p.m.
Present: Hank Lentfer, Nathan Borson, Rob Bosworth (Nature Conservancy in Juneau), Kenny Powers (TNC in Anchorage), Judy Brakel, Mary Hervin, Mike Taylor, Karen Taylor, Carolyn Elder, Phoebe Vanselow, Kim Ney, Nat Drumheller, Morgan DeBoer, Kim Heacox, Rusty Yerxa.
$2 million from USFWS will soon be in our accounts from federal grants. $1 million actually in the account, second million will be there once the state passes its budget (state has receipt authority)
New and improved purchase agreement with Mental Health Land Trust (MHLT). TNC has to exercise its option on the agreement by June 1st. Between June 1st and September 1st, paper work will be completed and the deal closed.
Hank, Rob, Kenny, and Charles Huran (land appraiser) spent the day walking the land. Huran is a private appraiser based out of Sitka. Should hear the results from him by the middle of May. He will be factoring in all considerations (wet/dry, accessibility, etc.), and come up with one price tag per acre, regardless of location. Once the appraisal is in, we can figure out what we can buy. This is the price that will be used if agreed upon by both MHLT and TNC. Either it will be accepted or not -- no haggling.
Fundraising:
Phase 1. USFWS grant for $1 million, matched by $300,000 from TNC
Phase 2. USFWS grant for $1 million (still in legislature), matched by $300,000 from TNC
$100,000 applied for and received by Gustavus Land Legacy (GLL)
$130,000 from local money ($80,000) and Ducks Unlimited ($50,000)
Rob wrote a grant to EPA, which would be $700,000. The land acquisition part of that is $500,000, and the rest of the money is to monitor water quality in the Gustavus watershed. It would set up a program that would use the schoolkids and water quality coordinator to monitor well water and surface water. It includes a potential partnership with Glacier Bay NP with their watershed. Hank ran this by the general membership of the GCA at a GCA meeting.
This totals to around $3.2 million.
TNC can also borrow money and continue fundraising, either borrowing internally or against their own reserves and then fundraise, and Nature Conservancy is willing to do that. Very tentatively, $5 million total possibly available, which hopefully will buy everything. Even if there's less money, it will still buy a lot of land.
The MHLT parcels within Gustavus not currently included in GLL will likely be subdivided and auctioned as residential size in the next 5-10 years.
John Snyder contacted TNC and would like TNC to buy the Snyder parcel, located at the end of Good River Road as you head toward the crane flats, 90 acres north and 30 acres south. Since it was private, it was not originally included in the GLL, but it would join two large pieces of GLL land and make them much more desirable. Rob has written a grant to try to get the money. This would be the second step in the deal, a year delay for the money. Snyder has expressed desire to sell at fair, market, appraised value as well.
One new clause in the purchase agreement, regarding the order to acquire the parcels. TNC decided since we're planning on buying all of the land, they didn't object too much. Order was Tract A (Dude Creek), Tract B (Central Beach and Rink), Tract C (upper Good River), Tract D the rest. Now, it's 1-5, west to east along the beach, then 6 and 7 from west to east for the lands north away from the beach. The community had prioritized the Glen's Ditch and Central Beach, but MHLT prioritized the Dude Creek area. As it's set up now, even in a worse-case scenario, TNC/GLL should still be able to acquire all of the beach lands, including the community's priority.
Phase 1 lands (Dude Creek) will go to the state immediately upon purchase and should become a part of the Dude Creek Critical Habitat Area. TNC will hold a Conservation Easement. Phase 2 lands, the piece just west of Good River, the state did not apply the same conditions. TNC is open to those lands going to the city of Gustavus, once there are land use ordinances and management capabilities for stewardship of the land. The state will have a Conservation Easement on those lands. The lands purchased with federal money must follow the conditions for protecting habitat under which the grant was applied for.
Morgan has written a letter stating his intention to leave the golf course land area undeveloped. The land south of the airport is state/DOT land managed for "aircraft and wildlife habitat". So, we're looking at almost a complete whole strip of protected land along the beach. There are two parcels of "general state land" flanking the aircraft/wildlife reserve land.
Land survey was mostly just to determine the accreted lands, didn't even survey the two parcels away from the beach. There are about 1000 acres that have accreted. Originally, we thought we were buying 524 accreted acres, and now it's around 1400 acres. Total acreage went from 2900 acres to 4100, which will cost at least a couple hundred thousand dollars more. Much of these accreted lands still can be underwater during the highest tides of the year. As the land continues to accrete, the accretions will go to TNC/GLL (as it had gone to MHLT before). The formal statement of the accreted lands belonging to MHLT is still in progress. MHLT could have done a quiet title action, but the attorney generals representing DNR and MHLT decided not to. Instead, a Recordable Disclaimer of Interest will be issued by DNR saying they have no interest in the accreted land and that they belong to MHLT. It will ensure that TNC/GLL will get a clear title of land and will acquire the accreted lands.
It's time to start thinking about press releases, parties, partners that need to be recognized and involved (Ducks Unlimited, ADFG, city of Gustavus, Nature Conservancy -- biggest thing they've ever done in Alaska and they'll still be fundraising, etc.). Timing of these events are important. A lot of momentum by August, but nothing is certain until the closing day. Celebrations starting in September, consistent with the closing of the deal and the return of the cranes. Events that we can invite the press to, etc. This is going to be a big deal. Alaska Airlines inflight magazine is going to do a story on GLL, want to do the article in August, but maybe we can put it off to September (although they aren't flying here anymore by then). Will be here interviewing 6/12-6/14. For consistent message, talking points and press releases will be used. The main points of acknowledging the importance to the MHLT programs, habitat for animals and migratory birds, etc. Emphasizing how it's positive for everyone and the partnership between agencies and the community. It's national news.
Management
The draft Cooperative Management agreement that TNC has with Gustavus sets up a committee that includes TNC and Gustavus representatives. The state isn't likely to form such a committee when managing the land south of the Crane Management Area that would be titled to them, so it would be more of an advisory committee for those lands. For the rest of the land, GLL has a draft Cooperative Management Agreement with the TNC. In the current draft, it says the state would be involved in an advisory role (for the beach parcels), but they have indicated they would like more input. Likely, the management plans would be done after the deal is closed. As part of fundraising, TNC would like to put forth the idea of some of those funds going to management of the lands. A few thousands dollars for travel, maintenance and equipment, signage, etc. -- what is involved in ongoing stewardship. This process will bring the community and TNC together for parcel by parcel management plans. The guideline is to continue using the land as it has been used.
TNC would hold Conservation Easement on the parcel that goes to the state. TNC would own that land for a very short time (a day?) and would then pass the land on to the state with a conservation easement. For the next parcels, the opposite would occur, with the state putting a conservation easement on the TNC land. The federal grant stipulates that if you use the money, you must use it toward habitat conservation, but it is less constrictive than a conservation easement. In theory, the grant money could be given back and that habitat restriction removed, but the conservation easement would prevent that. The terms of an easement are negotiated. TNC is still negotiating the terms of their Conservation Easement for the land going to the state, and the state is still negotiating the terms of the easement for the land going to TNC. TNC is open to passing the TNC-owned land onto the city, subject to a conservation easement. This would also pass along the costs of ongoing stewardship to the city. This would be a couple years down the road, if it were to happen.
Incorporation
GCA is trying to dissolve by July 1st. GLL is not a typical committee under a city government. Ideally, GCA would remain an entity at least until the deal closes in September. Since its inception, GLL has been a committee of the GCA. The project has been strengthened by being a part of GCA. One possibility is that GCA morphs into a non-profit umbrella group that would include things like the Arts Council, Library, etc.
In closing, we would not be where we are today without the Nature Conservancy. We did a great job locally, but TNC has made the difference, especially since Rob Bosworth has been working in Juneau. TNC says it's been a great partnership for them, too.
The meeting adjourned at 8:15pm.