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Home My WebLink About2010-06-08 AGENDA Nantucket Land Bank Commission Regular Meeting of June 8, 2010 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER A. CITIZEN BUSINESS/ANNOUNCEMENTS B. MINUTES OF THE REGULAR MEETING OF MAY 25, 2010 C. PROPERTY MANAGEMENT 1. Peterson Property - Bamboo Forest Discussion D. TRANSFER BUSINESS E. FINANCIAL BUSINESS 1. Monthly Transfer Statistics 2. Warrant Authorization - Cash Disbursements 3. Warrant Authorization - 2009 Series A Bond Semi-Annual Payment F. REGULAR BUSINESS 1. Muskeget Island - Acquisition Update G. PROPERTY MANAGEMENT 1. Cisco Beach - Use Request H. EXECUTIVE SESSION ADJOURNMENT ......, .--, :z: ~,~> ~:"1.: .., . --1 . c: '-- C) r,., ~ ::1:; f"T1 ~:':--I Co- ~ ~ 31 N N o -1c- . - o ;.0 rT"J " ; ( . (~) MINUTES Nantucket Land Bank Commission Regular Meeting of June 8, 2010 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER: 4:00 P.M. PRESENT: Bartlett, Gardner, Johnson, Reinhard, Stackpole. STAFF PRESENT: Eric Savetsky, Executive Director; Jesse Bell, AdministratorlFiscal Officer; Susan Campese, Assistant Administrator; Robert Earley, Assistant Property Manager; Bruce Perry, Resource Planner/Ecologist; Jeffrey Pollock, Property Supervisor. Concerned abutters, citizens, and members of the conservation community were also present, including (but not limited to) Cynthia Lenhart, Alden Lenhart, Alison Forsgren, NickIeen Faucher, Jim and Carol Faucher, Samantha Gray, Tyler Fleischut, Dirk Roggeveen, Ernest Steinauer, Sarah Oktay, Emily MacKinnon, Jason Graziadei, et al. A. PROPERTY MANAGEMENT: 1. Peterson Property - Bamboo Forest Discussion: Mr. Perry presented aerial maps from 1939, 1998,2003 and 2007 for public viewing and recounted the history of the property leading up to the Bamboo removal, emphasizing that there were several opportunities for public input at Conservation Commission meetings throughout the permitting process. Mr. Pollock and Mr. Earley commented on management issues which led to staff recommendations to the Commission to remove the Bamboo. Abutters and concerned citizens voiced their opposition and presented the Commission with two signed petitions calling for the restoration of the Bamboo Forest. Members ofthe conservation community, Mr. Steinauer, Ms. Oktay and Ms. MacKinnon spoke about the negative impact of Bamboo on native flora and overall biodiversity of the island. After much discussion, Chairman Stackpole thanked everyone for attending, indicating that the Commission would take all comments under advisement in their review of the project. All concerned abutters, citizens and members of the conservation community who were present for the Bamboo Forest discussion left the meeting at this time. The Commission determined to continue the discussion to 1 :30 p.m. on Thursday, June 10,2010, at the Peterson property in order to view the site before any further decisions are made. Land Bank Commission June 8,2010 Page 2 B. REGULAR BUSINESS: 1. Muskeget Island - Acquisition Update: Mr. Savetsky provided an update on recent discussions with all parties involved in the Muskeget transaction, reporting that consensus had been achieved regarding changes to the language in both the conservation restriction and deed, and that the documents were on the verge of being in final, executable form. C. PROPERTY MANAGEMENT: 1. Cisco Beach - Use Request: After a discussion, upon a motion made and duly seconded, it was VOTED to approve a request from Gary Kohner of Nantucket Island Surf School, to renew his lease of a portion of the Land Bank's Cisco Beach Property to rent surfboards and provide surfing lessons subject to Mr. Kohner continuing to provide stewardship of the property, carrying insurance protection of $250,000 per incident with the Land Bank named as additionally insured, and requiring students and board renters to sign hold-harmless agreements. The term shall be one year and the lease amount shall be $3,500. 2. Fair Street Park - Additional Plantings: Commissioner Johnson requested that some colorful flowers, such as impatiens, be planted to brighten up the Fair Street Park, and Mr. Earley provided a recent estimate of $2,000 from Heather and Bethany Lindley to do the initial planting and maintenance throughout the summer. After a discussion, upon a motion made and duly seconded, the Commission VOTED to approve the request and estimated expense as presented. 3. Abutter Request - Dead Pine Tree Removal: Commissioner Bartlett relayed a message from an abutter on the north end of the golf course who would like some dead pine trees removed and offered to do the work himself. Mr. Savetsky suggested that the abutter call the office and set up a time to meet with Mr. Pollock. 4. Property Management Projects Pending: Mr. Perry reported that property management staffhad several projects currently underway at the Land Bank's Peterson, Reith, Latici, Gaillard and Holdgate properties. The Commission praised staff for doing an excellent job in managing Land Bank properties. 5. Wolfe Property - Discussion: Chairman Stackpole suggested that the Land Bank create a pullover area in front of the Wolfe property on Washington Street, so that cars and tour busses could briefly pause to enjoy a scenic view of the harbor for a moment without creating traffic problems. Mr. Pollock and Mr. Earley left the meeting at this time. Land Bank Commission June 8, 2010 Page 3 . D. CITIZEN BUSINESS/ANNOUNCEMENTS: None. E. APPROV AL OF MINUTES: Upon a motion made and duly seconded, it was VOTED to accept, approve and release the regular session minutes of May 25, 2010, as written. F. TRANSFER BUSINESS: 1. May 2010 Transfers - Record Nos. 30698 through 30769: The Commission reviewed transfers for the period of May 1, 2010 through May 31, 2010. a. Current "M" Exemptions and Liens: The Commission authorized the placing of liens against the following properties as a result of the purchasers claiming the "M" exemption as first-time buyers of real property: No. 30703 Jessica Lynn Myers and John Scott Douglas No. 30715 James R. Cook and Jennie E. Cook No. 30721 Nadene Haye and Noel Baker No. 30736 Jason R. Scavilla b. Attempted Fraudulent Claim of"M" Exemption - No. 30756 Norm Smith, Jr.: Ms. Bell informed the Commission that a purchaser who had previously admitted to owning property in Vermont attempted to claim the "M" exemption in the month of May, however the fraud was immediately detected at the time of the transfer and not allowed to go through without payment of the Land Bank fee. c. Purchase Price Documentation Required: The Commission asked staff to request additional information and/or supplemental documentation from the purchasers to support the stated purchase price on the following transfers: No. 30702 Luckity Trust No. 30711 199 Cliff Road Realty Trust 2. Transfer Update: a. Additional Information Provided - No. 30681 Frank E. Viano and Susan R. Viano: Based upon the submission of a satisfactorily completed Form B, Part G (Seller's Affidavit), the Commission found the above-referenced transfer to be in order. b. Purchase Price Documentation Provided - No. 30681 Frank E. Viano and Susan R. Viano: Based upon the submission of the requested documentation in support of the stated purchase price, the Commission found the above-referenced transfer to be in order. . Land Bank Commission June 8,2010 Page 4 G. FINANCIAL BUSINESS: 1. Monthly Transfer Statistics: The May 2010 transfer statistics were presented to the Commission. 2. Warrant Authorization - Cash Disbursements: Upon a motion made and duly seconded, it was VOTED to execute the June 8, 2010 warrant document in the amount of $84,615.42 to be provided to the county treasurer. 3. Warrant Authorization - 2009 Series A Bond Semi-Annual Payment: Upon a motion made and duly seconded, it was VOTED to approve payment and authorize staff to wire the 2009 Series A semi-annual bond payment of interest and principal in the total amount of $1,154,212.50 from the Land Bank's Collection Account to the Bond Trustee at U.S. Bank. Mr. Perry left the meeting at this time. H. EXECUTIVE SESSION: Upon a motion made and duly seconded, it was VOTED to go into Executive Session. Each member was polled individually. All members voted yes. The Chairman noted that the Commission would reconvene into regular session and that the purpose of going . into executive session was to discuss matters related to land acquisition and approval of minutes. RETURN TO OPEN SESSION RECESSED: Upon a motion made and duly seconded, it was VOTED to recess at 5:37 p.m. and to reconvene the meeting on June 10,2010, at 1 :30 p.m. at the Land Bank's Peterson property for a site inspection. RECONVENED: The meeting was reconvened at 1:35 p.m. on Thursday, June 10,2010 at the Land Bank's Peterson property on Madaket Road. PRESENT: Bartlett, Gardner, Reinhard and Stackpole. ABSENT: Johnson. STAFF PRESENT: Eric Savetsky, Executive Director; Jeffrey Pollock, Property Supervisor; Robert Earley, Assistant Property Manager; Ed Boynton, Assistant Property Manager. I. PROPERTY MANAGEMENT (continued): 1. Peterson Property - Bamboo Forest Discussion (continued): The Commission viewed the area staked by staff as the proposed area of expansion for the remaining Bamboo. Upon a motion made and duly seconded, the Commission VOTED to approve the proposed Bamboo expansion area and replant any remaining Bamboo root stock within the approved area. Land Bank Commission June 8, 2010 Page 5 ADJOURNMENT: Upon a motion made and duly seconded, it was VOTED to adjourn at 2:08 p.m. Attested to: Accepted, Approved, and Released by VOTE of the Commission this 22nd day of June, 2010. .. .. .....'.. '1" mm" .,. U I'" . .' fl' 8~" :::; . , on' .,'m. '.' '.' ;l"~uu '. ~ ., ""<<Oll"~ W w>>,"""~y.<l1'W'~ ,. u:::; ,w~u ':?&':::;'W/,/."W. . : ",. :: ~:: }. ::*:::.: . ': '. .: ~;. z' .~. ~. .' ~ ~. ~O! o!. ~&:m;~i~~'f~W~~~~~(:ill::::~d~~~j~~~W~~~~~~WJ.$}..9~~J.:'~rfu#~t~lli ~.~::..~:I.(.~::;,.....::: ~.~.......;:o::;:;:;: ;:;.::;:......;:~...~;~.~:~...I.w :o-':~ ~::~ 1:.:: . .o:.~;)'.b;o~:.~.:-~:::y':..=-=~~...::....:; ~/...~:: ~/.:....~.~ :,..... ..' ;oh. ~~::~~:-~m-~m:. ..Wj$;;W4~::,;~::f:jgD.&::::00;:#"9~::i%~::~::::;:-::i:~;;;i~~t:::~~~~~/.::::%~:::S~::::1~~~::~~.:;:;::z FY09 Total Exempt Taxable Total Gross Gross Revenue Month Transfers Transfers Transfers Value Value Taxable Received Jul-08 65 38 27 $47,229,858 $46,335,111 $928,702 Aug-08 63 38 25 $84,318,085 $83,708,085 $1,678,162 Sep-08 76 39 37 $55,282,900 $54,882,900 $1,097,658 Oct-08 68 39 29 $52,249,003 $51,846,781 $1,043,786 Nov-08 54 32 22 $41,932,496 $41,532,496 $846,650 Dec-08 105 74 31 $51,609,065 $50,799,065 $1,019,981 Jan-09 59 45 14 $21,784,925 $15,984,925 $319,787 Feb-09 53 37 16 $14,330,594 $12,538,233 $239,530 Mar-09 53 42 11 $17,755,594 $15,955,594 $327,112 Apr-09 52 34 18 $39,600,613 $29,920,613 $598,412 May-09 68 43 25 $18.179,460 $14.853.400 $297.068 Jun-09 58 45 13 $10,720,838 $8,885,838 $185,717 .............................-. H7WrT '''''''''''''46:''\'''''''''''' 25SH """""$444272593" ....,.""$418.357'202 .""""..'$8H396847 TI-IRUMAV09 ~~:~:~~:;;~~~. '.:.:: ~;;::~:::::: ........... . . . ..... .. -. ... .......... . . ... .. ... . . ..........---- -.. . --. - --. :::.~ : .::.::~.:..:.:.~~....~~~:: . . . . . . . . . . . . . . . . . , . . . . . ................. . . ........... . ,.,,'...,.'.H.,..,..i.....i....,..,... H.f:iH.. . ~~:~;~~::;:~~::::.::..~::.::.::::~: ... .: Average 65 42 22 $37,916,119 $35,603,587 $715,214 Low 52 32 11 $10,720,838 $8,885,838 $185,717 High 105 74 37 $84,318,085 $83,708,085 $1,678,162 ':I\lllt@lilk.i;..:;:..:::.::.:;,I,i~i....:'..<:.Jlllt.:L:......:tilglllDllll__III:ll&ffillM~:lll\:llftmrffi.J.[fiWlfJlfi~lillfr.iJ~j~lliff,M*MI&f~~lif.lM@lillmiili\m\i FY10 Total Exempt Taxable Total Gross Gross Revenue Month Transfers Transfers Transfers Value Value Taxable Received Jul-09 61 41 20 $44,644,114 $42,991,125 $878,323 Aug-09 37 25 12 $17,214,552 $12,649,226 $252,985 Sep-09 92 46 46 $67,744,386 $64,608,073 $1,280,828 Oct-09 85 38 47 $90,032,410 $87,070,640 $1,741,413 Nov-09 94 60 34 $61,669,385 $57,127,164 $1,150,543 Dee-09 114 78 36 $60,119,575 $49,272,425 $985,449 Jan-10 60 48 12 $13,437,926 $12,194,500 $243,890 Feb-10 67 44 23 $59,068,081 $54,426,906 $1,083,956 Mar-10 74 42 32 $39,115,847 $34,074,250 $681 ,485 Apr-10 50 26 24 $30,068,735 $28,979,000 $587,080 May-10 72 49 23 $44.629.928 $35.100.208 $702,004 Jun-10 ............................... .. THRlfMAY1(). H Average Low High 806 . .................. 73 37 114 .... ....................... .,,"....497. . . ............. 45 25 78 .... ...............". >309 ....................... 28 12 47 ......"'.,.".,..~.....".,..""'......""...,...,." ..........,...,.,.~~~7:P:44;~?~... $47,976,813 $13,437,926 $90,032,410 ........ .$47$~4$~,$17' $43,499,411 $12,194,500 $87,070,640 "'.''''''''''$..'''''''''''''''.'''''''.' ...-..--........ .. '. ,,,,,,,,,,,,,,,, '9.0587, .,95.. ..5... :::::::::::::::::.::::~:':::::::::~ : ::::: $871,632 $243,890 $1,741,413 MONTHL Y (UNAUDITED) TRANSFER BUSINESS Nantucket Land Bank Commission Regular Meeting of June 8, 2010 1. May 2010 Transfers - Record Nos. 30698 through 30769: a. Current "M" Exemptions: No. 30703 Jessica Lynn Myers and John Scott Douglas No. 30715 James R. Cook and Jennie E. Cook No. 30721 Nadene Haye and Noel Baker No. 30736 Jason R. Scavilla a. Purchase Price Documentation Required: No. 30702 Luckity Trust (Tuckemuck - 3 acres) Purchase Price $233,750 / Assessed at $867,900 / 27% of Assessed Value No. 30711 199 Cliff Road Realty Trust (199 Cliff Road) Purchase Price $1,395,000/ Assessed at $2,198,700 / 63% of Assessed Value 2. Transfer Update: a. Additional Infomlation Provided: No. 30681 Frank E. Viano and Susan F. Viano Received completed Form B, Part G (Seller's Affidavit) b. Purchase Price Documentation Provided: No. 30681 Frank E. Viano and Susan F. Viano Received fully-executed Purchase and Sale Agreement