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HomeMy WebLinkAbout2019-3-12MINUTES ! Nantucket Land Bank Commission Regular Meeting of March 12, 2019 Wannacomet Water Company Conference Room, 1 Milestone Road Nantucket, Massachusetts CALL TO ORDER: 4:00 p.m. PRESENT: Richard Glidden, Kristina Jelleme, Neil Paterson, Allen Reinhard. ABSENT: John Stackpole. STAFF PRESENT: Eric Savetsky, Executive Director; Jesse Bell, Assistant Director; Susan Campese, Administrator/Finance Manager; Rachael Freeman. Environmental Coordinator; Leedara Zola, Project Manager. Diane O'Neil, Nantucket Public Schools Director of Facilities and Grounds; Amy Zielinski, Sustainable Nantucket Executive Director; and Todd Stout were also present at call to order. I. CONVENE IN OPEN SESSION: A. CITIZEN BUSINESS/ANNOUNCEMENTS: Mr. Stout spoke to the Commission about an encroachment by a neighbor at 17 Aurora Way. He explained that he often bow hunts on the property and noticed a neighbor had cleared a significant area, including wetlands. Further, he reported that the neighbor told him he cleared the land to keep hunters away from his property. Mr. Stout wanted to assure the Commission that he always hunted within the legal limits for hunting areas. Chairman Paterson said he, Ms. Freeman, and Property Foreman Jeffrey Pollock viewed the property and said the clearing was quite extensive. The Commission thanked Mr. Stout for his comments. Mr. Stout departed the meeting at 4: 09 p. m. Ms. Freeman said the Conservation Commission had viewed the property and was going to issue an enforcement order and the abutter, Jesse Dutra would hear from Land Bank counsel about remediating the situation. B. REGULAR BUSINESS: 1. Execution of Deed Conveyance to Town of Nantucket for Two Parcels off Pilot Whale Lane and Ariel Avenue, more particularly shown on Lot 126 on Land Court Plan No. 26439-2 and Lot A on Plan 2018-6: Ms. Bell explained that the order and plan for the "school swap" transaction had finally been approved by the Land Court but it could not be released by their engineering department until the original signed deed was approved by their engineer. Accordingly, upon a motion made by Commissioner Glidden and duly seconded by Commissioner Reinhard, it was unanimously VOTED to execute the deed as presented. Ms. Bell indicated she would overnight the deed to facilitate an expeditious closing for the school. 2. Execution of Acceptance of Deed from Town of Nantucket to Nantucket Islands Land Bank for Washington Street Parcel more particularly shown on Lot 2 on Land Court Plan No. 10452-A: Ms. Bell reminded the Commission that the appraised value of the Town's Washington Street Extension Land Bank Commission March 12, 2019 Page 2 parcel exceeded the value of the Land Bank's land by $480,000. Therefore, pursuant to the "school swap" agreement, these excess funds were transferred and being held in escrow by Land Bank counsel and would be used solely for the Town's purchase of a portion of the corner of Washington and Francis Streets, currently owned by Nantucket Island School of Design and the Arts ("NISDA"). Accordingly, Ms. Bell requested that the Commission execute the acceptance of deed for this parcel from the Town pursuant to the school swap. Upon a motion made by Commissioner Glidden and duly seconded by Commissioner Reinhard, it was unanimously VOTED to execute the acceptance of deed as presented. 3. Execution of Escrow Agreement between the Town of Nantucket, Nantucket Islands Land Bank, and Rackemann, Sawyer and Brewster, P.C.: Ms. Bell explained that the escrow agreement was merely the written reflection of the specific terms agreed to by the Town and the Land Bank regarding the holding and timing for release of the excess funds leftover from the school swap, which were to be applied solely toward the Town's NISDA transaction. Upon a motion made by Commissioner Glidden and duly seconded by Commissioner Reinhard, it was unanimously VOTED to execute the escrow agreement as presented. Ms. O'Neil thanked the Commission on behalf of the Nantucket Public Schools. Ms. O'Neil departed the meeting at 4:14 p.m. 4. Memorandum of Understanding between Town of Fire Department and Nantucket Islands Land Bank — Signatory Authorization: Ms. Bell indicated that she was still reviewing and revising this document and requested that the item be tabled to a future meeting. The item was continued pursuant to Ms. Bell's request. Marian Wilson, Assistant Administrator entered the meeting at 4:16 p. m. C. PROPERTY MANAGEMENT: 1. Bachman/158 Orange Street — Landscape Plan Update: Ms. Freeman presented a detailed estimate for materials and labor by zones as well as the plans by zone. Ms. Freeman recommended that rather than phasing the project by zone, the installation should be phased by optimal planting times to insure success. Upon a motion made by Commissioner Reinhard and duly seconded by Commissioner Jelleme, it was unanimously VOTED to proceed with the project. 2. Reyes/231 Polpis Road — Naming Discussion: Ms. Freeman presented several names that staff had suggested for the property. The Commission narrowed it down to "Reyes Sanctuary" or "Reyes Pond," ultimately determining to continue the decision to a future meeting when all Commissioners could be present. 3. Groundwater Testing — Program Update: Ms. Freeman asked to table this discussion to a future meeting and the request was granted accordingly. 4. Sustainable Nantucket — Additional Caterpillar Tunnels Request: Ms. Zielinski explained that the Commission had previously approved two caterpillar tunnels on the property, and now farmer Aiden Feeney was requesting permission to have an additional four tunnels, as he felt they were necessary to make his farming operation successful. The proposed locations for the tunnels were Land Bank Commission Page 3 March 12, 2019 identified on an aerial photo by Ms. Zielinski. Chairman Paterson requested that the tunnels be moved slightly north in order to keep them from obstructing the view from Hummock Pond Road. Ms. Zielinski said the tunnels could be adjusted slightly and informed the Commission that the farmer was planning on paying for the tunnels. Upon a motion made by Commissioner Jelleme and duly seconded by Commissioner Reinhard, it was unanimously VOTED to approve the request for four additional tunnels, resulting in a total of six caterpillar tunnels on the property. D. GOLF BUSINESS: 1. Miacomet Golf Course ("MGC") Clubhouse Replacement — Project Update: Mr. Savetsky reviewed the Project Update submitted by Architectural Consulting Group ("ACG") and reported that everything was on schedule and on budget. He further reported that the change order for the duct work estimate came in significantly higher than expected and ACG was working on bringing the price for that down. 2. Warrant Authorization — Clubhouse Requisition: Upon a motion made by Commissioner Glidden and duly seconded by Commissioner Reinhard, it was unanimously VOTED to execute the February 12, 2019, warrant document in the amount of $591,542.30 to be provided to the county treasurer. E. PROPERTY MANAGEMENT: 1. Dog, Park — Planning Update: Ms. Zola presented pictures of some Cape Cod dog parks as well as listed various elements and options for surfacing, gates and fencing. Commissioner Glidden inquired as to the process by which abutters and neighborhood residents could voice their opinion and suggested a public hearing in the future. Chairman Paterson expressed his preference for grass surfacing to stone and recommended signage instructing users to pick up after their dogs. Commissioner Jelleme proposed reaching out to Nantucket Island Safe Harbor for Animals and the Chamber of Commerce to help with the planning. Ms. Bell suggested that it might be wise involve a veterinarian in the planning process as well. There was Commission consensus that the best way to move forward was for Ms. Zola to research and solicit proposals from experienced dog park designers. 2. Codfish Park Playground — Shade Structures Proposal: Ms. Zola presented conceptual plans to add two freestanding wooden pergola structures to the park to provide shade to the picnic areas and benches. Additionally, it was proposed that the three slides should be swapped out for tube slides since members of the Sconset Civic league said the existing slides became too hot for children to use in July and August. Ms. Zola reported that the Sconset Civic League had indicated the possibility of being able to contribute funds toward the improvements. The Commission was conceptually in favor of the proposed improvements and requested that Ms. Zola price everything out and report back. Ms. Zola departed the meeting at 5:19 p.m. 3. Madequecham, South of Industrial Park — Filming Request: Ms. Bell presented a proposal from film makers of "The Plagiarist" to film the lead character run down a dirt road. There would be one van with equipment, a crew of ten and would take place between 11:00 a.m. and 4:00 p.m. on April 8th with no disruption of traffic. Upon a motion made by Commissioner Glidden and duly Land Bank Commission March 12, 2019 Page 4 seconded by Commissioner Jelleme, it was unanimously VOTED to approve the request upon payment of the $250 fee. 4. Easy Street Park — Bulkhead Renovation Discussion: Mr. Savetsky reported that the engineer on the project was recommending replacing the bulkhead in conjunction with the park construction. This would also tie the two bulkheads together which are currently two different materials. Further, Mr. Savetsky is reaching out to the owners of 29 Easy Street to replace their bulkhead at the same time which has failed and is undermining the land around it, including the Easy Street Park. Mr. Savetsky will bring back more details and a pricing proposal at a future meeting. F. APPROVAL OF MINUTES: Upon a motion by made by Commissioner Reinhard and duly seconded by Commissioner Jelleme, it was unanimously VOTED to accept, approve and release the regular session minutes of February 12, 2019, as written. G. REGULAR BUSINESS: 1. USGA Mid -AM Championship — Execution of Agreement: Mr. Savetsky presented the final agreement which has been reviewed and approved by counsel. Upon a motion made by Commissioner Jelleme and duly seconded by Commissioner Reinhard, it was unanimously VOTED to execute the agreement. H. TRANSFER BUSINESS: 1. February 2019 Transfers — Record Nos. 40444 through 40499: The Commission reviewed transfers for the period of February 1, 2019 through February 28, 2019. 2. "M" Exemption Update: a. Two -Year Domicile/Non-Compliance — Request for Extension/No. 38177 Edward T. Sullivan and Rachael Sullivan: Ms. Campese reported that Mr. and Mrs. Sullivan had plans to move a house onto their land, but the plans fell through and caused significant delays. They currently have a contract for a modular home to be delivered in April. Upon a motion made by Commissioner Glidden and duly seconded by Commissioner Reinhard it was unanimously VOTED to approve a one-year extension request through January 2020, in accordance with the recommendations of staff. b. Two -Year Domicile/Non-Compliance — Request for Waiver/No. 37156 Lisa G. Frey: Ms. Campese explained that the Ms. Frey had purchased her home February 2016 with the intent to make it her year-round residence. Prior to moving in, her personal relationship evolved and she married and moved into her husband's home. Her house is currently being used for employee housing for both her husband's and her employees and she has requested a waiver of penalties and interest. Under the circumstances, Ms. Campese recommended that the Commission waive the penalty and accrued interest, requiring only payment of the Land Bank fee. Upon a motion made by Commissioner Glidden and duly seconded by Commissioner Reinhard, it was unanimously VOTED to waive the penalty and accrued interest and to provide a release of lien upon receipt of payment of the $10,000 Land Bank fee. Land Bank Commission Page 5 March 12, 2019 I. FINANCIAL BUSINESS: 1. Monthly Transfer Statistics: Monthly transfer statistics reports comparing fiscal years 2018 and 2019 through February 2019 were presented. 2. Warrant Authorization — Cash Disbursements: Upon a motion made by Commissioner Reinhard and duly seconded by Commissioner Jelleme, it was unanimously VOTED to execute the March 12, 2019 warrant document in the amount of $198,518.23 to be provided to the county treasurer. IV. EXECUTIVE SESSION: Upon a motion made bY<ommissioner Stackpole and duly seconded by Commissioner Reinhard, it was unanimously V D to go into executive session in order to discuss the purchase, exchange, lease or value of rea roperty and review and approve executive session minutes. A roll call vote was taken: Reinh d -Aye, Paterson -Aye, Stackpole-Aye, Jelleme-Aye. The Chairman under Purpose 6 [G.L. c. 30 21(a)(6)] declared that discussion of these matters in open session may be detrimental to the La Bank's negotiating position and that the Commission would reconvene in regular session followi g executive session. ADJOURNMENT: Upon a m ionmade by Commissioner Glidden and duly seconded by Commissioner Reinhard, it was V TED to adjourn at 6:44 p.m. Attested to: Richard J. Glidden, ecretary Accepted, Approved, and Released by the VOTE of the Commission this 26th day of March, 2019. Neil Paterson, MONTHLY TRANSFER STATISTICS FISCAL YEAR 2018 FY18 Total Exempt Taxable Total Gross Gross Revenue Month Transfers Transfers Transfers Value Value Taxable Received Jul -17 99 56 43 $86,775,289 $80,305,289 $1,614,906 Aug -1 7 85 37 48 $100,460,304 $97,245,700 $1,945,861 Sep -1 7 123 52 71 $184,607,562 $173,607,562 $3,621,855 Oct -17 123 50 73 $138,788,773 $133,265,544 $2,674,111 Nov -17 95 39 56 $89,552,632 $86,004,631 $1,732,892 Dec -17 128 62 66 $103,053,291 $95,933,389 $1,920,134 Jan -18 86 38 48 $109,100,331 $102,654,331 $2,053,887 Feb -18 93 52 41 $110,702,982 $105,899,307 $2,118,786 Mar -18 84 39 45 $86,699,505 $80,439,505 $1,609,457 Apr -18 72 41 31 $63,371,268 $62,871,2681 $1,259,025 Ma -18 90 52 38 $68,681,278 $66,624,278L—$1,337,840 Jun -18 70 39 31 $72,347,585 $68,338,985 $1,210,166 THRU FEB 18 832 386 446 $923,041,165 $874,915;754 $17.682.431 Average Low High 96 70 128 46 37 62 49 31 73 $101,178,400 $63,371,268 $184,607,562 $96,099,1491 $62,871,268 $173,607,562 $1,924,910 $1,210,166 $3,621,855 MONTHLY TRANSFER STATISTICS FISCAL YEAR 2019 FY19 Total Exempt Taxable Total Gross Gross Revenue Month Transfers Transfers Transfers Value Value Taxable Received Jul -18 80 50 30 $80,896,878 $78,396,878 $1,567,938 Aug -1 8 77 45 32 $48,618,521 $46,802,521 $946,902 Sep -18 84 26 58 $119,633,412 $118,343,412 $2,371,535 Oct -18 101 35 66 $212,485,401 $207,882,401 $4,167,648 Nov -18 119 48 71 $158,226,115 $153,331,115 $3,085,622 Dec -18 94 51 43 $93,258,434 $89,800,934 $1,796,019 Jan -19 77 36 41 $73,129,224 $70,296,724 $1,405,934 Feb -19 55 32 23 $33,375,816 $31,585,094 $631,702 Mar -19 Apr -19 May -1 9 Jun -19 THRU FEB 19 687 323 364 $819,623,800 $796,439,0781 $15,973,300 Average 86 40 46 $102,452,975 $99,554,885 $1,996,662 Low 55 26 23 $33,375,816 $31,585,094 $631,702 High 119 51 71 $212,485,401 $207,882,401 $4,167,648 MONTHLY.XLS (UNAUDITED) DOCUMENTS AND EXHIBITS Nantucket Land Bank Commission Regular Meeting of February 12, 2019 1. Bachman/158 Orange St — Landscape plans and estimate 2. Reyes Naming choices 3. Sustainable Nantucket — Caterpillar Tunnels request and aerial 4. ACG Miacomet Golf Clubhouse Project Update 5. Check Warrant Summary - Clubhouse 6. Dog Park PowerPoint 7. Codfish Park pictures and shade options 8. Filming request and aerial 9. Easy Street Park bulkhead — email from engineer 10. Monthly Transfer Report — February 2019 11. "M" Exemption updates (see transfer business for record nos.) 12. Fiscal Year Transfer Statistics and Graphs — February 2019 13. Check Warrant Summaries dated March 12, 2019 TRANSFER BUSINESS Nantucket Land Bank Commission Regular Meeting of March 12, 2019 1. February 2019 Transfers — Record Nos. 40444 through 40499 2. "M" Exemption Update: a. Two -Year Domicile/Non-Compliance — Request for Extension: No. 38177 Edward T. Sullivan and Rachael Sullivan b. Two -Year Domicile Non -Compliance — Request for Waiver No. 37156 Lisa G. Frey AGENDA Nantucket Land Bank Commission Regular Meeting of March 12, 2019 Wannacomet Water Company Conference Room 1 Milestone Road, Nantucket, Massachusetts CALL TO ORDER: 4:00 P.M. A. CONVENE IN OPEN SESSION PUBLIC COMMENT / STAFF ANNOUNCEMENTS 2. GOLF BUSINESS a. Miacomet Golf Clubhouse Replacement —Project Update b. Warrant Authorization — Clubhouse Requisition PROPERTY MANAGEMENT a. Bachman/158 Orange Street — Landscape Plan Update b. Reyes/231 Polpis Road —Naming Discussion c. Groundwater Testing — Program Update d. Sustainable Nantucket — Additional Caterpillar Tunnels Request e. Dog Park — Planning Update f. Codfish Park Playground — Shade Structures Proposal g. Madequecham, South of Industrial Park — Filming Request h. Easy Street Park — Bulkhead Renovation Discussion 4. APPROVAL OF MINUTES a. Regular Meeting of February 12, 2019 REGULAR BUSINESS a. Execution of Deed Conveyance to Town of Nantucket for Two Parcels off Pilot Whale Lane and Ariel Avenue — more particularly shown as Lot 126 on Land Court Plan No. 26439-2 and Lot A on Plan 2018-6 b. Execution of Acceptance of Deed from Town of Nantucket to Nantucket Islands Land Bank for Washington Street Parcel more particularly shown as Lot 2 on Land Court Plan No. 10452-A c. USGA Mid -Am Championship — Execution of Agreement d. Memorandum of Understanding Between Town of Nantucket Fire Department and Nantucket Islands Land Bank — Signatory Authorization 6. TRANSFER BUSINESS 7. FINANCIAL BUSINESS a. Monthly, Transfer Statistics b. Warrant Authorization — Cash Disbursement 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. The Commission will not reconvene in open session at the conclusion of executive session. 1. Approval of Executive Session Minutes 2. Real Estate Acquisition ADJOURNMENT