HomeMy WebLinkAbout2010-09-14
AGENDA
Nantucket Land Bank Commission
Regular Meeting of September 14,2010
Land Bank Meeting Room, 22 Broad Street
Nantucket, Massachusetts
CALL TO ORDER
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A. PROPERTY MANAGEMENT
1. Keane Property - Site Improvements
2. Bewkes Property - Culvert Replacement
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B. EXECUTIVE SESSION
C. CITIZEN BUSINESS/ANNOUNCEMENTS
D. MINUTES OF THE REGULAR MEETING OF AUGUST 24, 2010 AND SPECIAL
MEETING OF SEPTEMBER 7,2010
E. TRANSFER BUSINESS
F. FINANCIAL BUSINESS
1. Monthly Transfer Statistics
2. Warrant Authorization - Cash Disbursements
3. Bachman Note - Modification Update
G. REGULAR BUSINESS
1. Nantucket Land Council- Community Preservation Act Request
H. PROPERTY MANAGEMENT
1. Muskeget Island - Research Request
ADJOURNMENT
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MINUTES
Nantucket Land Bank Commission
Regular Meeting of September 14,2010
Land Bank Meeting Room, 22 Broad Street
Nantucket, Massachusetts
CALL TO ORDER: 4:00 P.M.
PRESENT: Gardner, Johnson, Reinhard, Stackpole. ABSENT: Bartlett.
STAFF PRESENT: Eric Savetsky, Executive Director; Jesse Bell, Administrator/Fiscal Officer;
Susan Campese, Assistant Administrator; Bruce Perry, Resource Planner/Ecologist.
A. PROPERTY MANAGEMENT:
1. Keane Property - Site Improvements: Mr. Perry presented two estimates to fill the
foundation hole and spread top soil at the Keane property. In accordance with Mr. Perry's
recommendation, upon a motion made and duly seconded, it was VOTED to grant the work to
P&M Reis Trucking, Inc. for the estimated cost of$I,100.
2. Bewkes Property - Culvert Replacement: Mr. Perry presented two estimates to replace the
culvert at the Bewkes property. In accordance with Mr. Perry's recommendation, upon a motion
made and duly seconded, it was VOTED to grant the work to Atlantic Aeolus for the estimated cost
of$5,200.
B. EXECUTIVE SESSION: Upon a motion made and duly seconded, it was VOTED to go into
executive session in order to discuss the purchase, exchange, lease or value of real property. Each
member was polled individually. All members voted yes. The Chairman declared that discussion of
these matters in open session may be detrimental to the Land Bank's negotiating position and that
the Commission would reconvene into regular session following executive session.
Commissioner Bartlett entered the meeting at 4:08 p.m.
RETURN TO OPEN SESSION
C. PROPERTY MANAGEMENT:
1. Millbrook Property - Trail Discussion: Commissioner Reinhard inquired about the trail
system at the Millbrook Road property and Mr. Savetsky reported that he would be contacting the
abutter, Eric Frost about current trails on the edge of Mr. Frost's property, stating further that he
hoped Mr. Frost and the Land Bank could come to an agreement about use of the trails, so that new
ones did not need to be cut.
2. Almanack Pond Road - Culvert Replacement: Commissioner Reinhard inquired about the
status of the project and Mr. Perry reported that the work would be completed next week.
Land Bank Commission
September 14,2010
Page 2
3. North Pasture Road Maintenance - Project Update: Commissioner Reinhard inquired
about the maintenance plans for North Pasture Road and Mr. Perry reported that he had been tied up
with permitting and had not yet obtained estimates for the work, however that it was on his list.
4. Massasoit Bridge Road - Pedestrian Boardwalk: The Commissioners discussed the
possibility of adding a cantilevered boardwalk to the bridge to make it easier for people to turtle,
crab and fish at the site, as the current width of the bridge was not conducive to those activities. Mr.
Perry indicated that he would talk to the Department of Public Works to explore the options that
may be available.
5. Rodts Property - Trail Maintenance Request: Commissioner Reinhard requested that Mr.
Perry trim the overgrown branches on the edge of the path at the Rodts property.
6. Zlotin Property - Trail Planning: Commissioner Reinhard suggested there were excellent
opportunities for walking trails on the property and Mr. Perry indicated that it was on the work plan
for the fall.
7. Gaillard/Consue Springs - Invasive Species Removal: The Commission inquired about
the status of the Phragmites and Japanese Knotweed removal at Gaillard/Consue Springs, and Mr.
Perry reported that although he had been making progress in cutting down stalks and applying
herbicide, the whole project from beginning to end would take about five years to complete.
Mr. Perry left the meeting at 4: 19 p. m.
D. EXECUTIVE SESSION: Upon a motion made and duly seconded, it was VOTED to go into
executive session in order to discuss the purchase, exchange, lease or value of real property. Each
member was polled individually. All members voted yes. The Chairman declared that discussion of
these matters in open session may be detrimental to the Land Bank's negotiating position and that
the Commission would reconvene into regular session following executive session.
RETURN TO OPEN SESSION
Commissioner Gardner left at 5:28 p.m.
E. CITIZEN BUSINESS/ANNOUNCEMENTS: None.
F. APPROV AL OF MINUTES: Upon a motion made and duly seconded, it was VOTED to accept,
approve and release the regular session minutes of August 24,2010 and special meeting minutes of
September 7,2010, as written.
G. TRANSFER BUSINESS:
1. August 2010 Transfers - Record Nos. 30909 through 30972: The Commission reviewed
transfers for the period of August 1,2010 through August 31, 2010.
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September 14,2010
Page 3
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. 30910 Richard K. Decker, Chester S. Barrett, II, Kenneth Decker &
Jennifer Decker
No. 30940 Ryan P. Conway
No. 30969 Caleb N. Cressman, II
b. Additional Information Required: The Commission asked staff to request
additional information in support of the exemptions claimed on the following transfers:
No. 30928 Raja Abdul-Karim
No. 30936 Frances J. Haas
No. 30937 Dolores A. Rettman
No. 30965 Restated Declaration of Trust of Shirley J. Stetson
c. Purchase Price Documentation Required - No. 30926 Shane Valero: The
Commission asked staff to request additional information and/or supplemental documentation from
the purchaser to support the stated purchase price on the above-referenced transfer.
2. "M" Exemption Update:
a. Invalid Claim to "M" ExemptionINotice of Assessment - No. 29008 Scott Cary
Akins: Ms. Bell reported that the purchaser claimed the "M" exemption in April of2008 as a first-
time buyer of real property, however during a routine compliance check by Land Bank staff, it was
discovered that they had previously owned a real property interest on Nantucket (see recorded deed
at document number 112859). Since the purchaser sold the former property as recently as 2007 and
bought his "M" exemption home less than a year later, the Commission found there was intent to
defeat or evade the Land Bank fee and determined to assess a fraud penalty on the transfer.
Accordingly, upon a motion made and duly seconded, the Commission VOTED to authorize staff to
issue a Notice of Assessment for the outstanding fee ($8,000), accrued interest ($2,712.89) and
fraud penalty ($8,000) in the total amount of$18,712.89, while reserving the right to revise its
assessment as to the finding of fraud should other information become available.
b. Payment Received - Release of Liens:
1. No. 23318 Maria J. Pena: Ms. Bell reported that full payment (outstanding
fee, interest and penalty) had been received from IndyMac Mortgage Services on September 13,
2010 in the amount of $9,063.12, which included interest calculated through September 30,2010.
Upon a motion made and duly seconded, it was VOTED to execute a Release of Lien to be provided
to the purchaser, and to approve a refund of $26.45 to be provided to IndyMac Mortgage Services
for the interest which was overpaid.
Land Bank Commission
September 14,2010
Page 4
2. No. 24247 Jivko V. Kalpazanov and Anna Kalpazanova: Ms. Bell reported
that the outstanding fee and penalty in the total amount of $5,000.00 was received on the above-
referenced transfer. Upon a motion made and duly seconded, it was VOTED to approve and execute
a Release of Lien to be provided to the purchaser.
3. No. 28953 Timothy Shea: Ms. Bell reported that the outstanding interest
was received on the above-referenced transfer in the total amount of $2,216.67. Upon a motion
made and duly seconded, it was VOTED to approve and execute a Release of Lien to be provided to
the purchaser.
H. FINANCIAL BUSINESS:
1. Monthly Transfer Statistics: Monthly transfer statistics reports comparing calendar years
2009 and 2010 through August 2010 were presented.
2. Warrant Authorization - Cash Disbursements: Upon a motion made and duly seconded,
it was VOTED to execute the September 14,2010 warrant document in the amount of$84,125.98 to
be provided to the county treasurer.
3. Bachman Note - Modification Update: Mr. Savetsky reported that modifications to the
lease and loan voted at the August 24, 2010 meeting were drafted by Land Bank counsel and were
currently being reviewed by Mr. Bachman.
I. REGULAR BUSINESS:
1. Nantucket Land Council- Community Preservation Act (C.P.C.) Request: Mr. Savetsky
presented a request from the Nantucket Land Council ("NLC") for a letter of support for their
C.P.C. grant application for solar aeration units to be installed at the northern end of Hummock
Pond to increase water flow, thereby helping to improve water quality in the pond. The grant
request is for $96,620 and includes the cost of equipment, along with installation and monitoring of
the system. Upon amotion made and duly seconded, it was VOTED to have Mr. Savetsky write a
letter of support for the NLC's "grant application.
J. PROPERTY MANAGEMENT:
1. Muskeget Island - Research Request: Mr. Savetsky received a request from Jennifer
Harris, a graduate student at the University of New England, asking to set up a tent in a non-
sensitive area to sleep overnight on Muskeget one time in late September, in order to deliver a cord
of wood in anticipation of their scheduled research work this winter on the mating habits of grey
seals. Upon a motion made and duly seconded, it was VOTED to approve the request.
Land Bank Commission
September 14,2010
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Attested to:
ADJOURNMENT: Upo
Accepted, Approved, and Released by the VOTE
of the Commission this 28th day of September, 2010.
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Leslie B. Johnson, Vice Chairman
DOCUMENTS AND EXHIBITS
Nantucket Land Bank Commission
Regular Meeting of September 14,2010
Documents and Exhibits List
1. Estimate from Myles Reis for Keane property
2. Estimate from Atlantic Aeolus for Keane property
3. Estimate from Atlantic Aeolus for Bewkes property culvert
4. Estimate from Myles Reis for Bewkes property culvert
5. August 2010 Transfers
6. Transfer Revenue Graph
7. Check warrant summary
8. Email request from Nantucket Land Council for a letter of support for attached CPC
Grant application
9. Email request from Jennifer Harris or University of New England for overnight tent
on Muskeget
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TRANSFER BUSINESS
Nantucket Land Bank Commission
Regular Meeting of September 14,2010
1. August 2010 Transfers - Record Nos. 30909 through 30972:
a. Current "M" Exemptions:
No. 30910 Richard K. Decker, Chester S. Barrett, III, Kenneth Decker & Jennifer Decker
No. 30940 Ryan P. Conway
No. 30969 Caleb N. Cressman, II
b. Additional Information Required:
No. 30928 Raja Abdul-Karim
· Transfer from sons to father where "C" (gift) exemption was claimed
· Property subject to an outstanding mortgage in the amount of $995,500
No. 30936 Frances J. Haas
· Need affidavit explaining circumstances of transfer
No. 30937 Dolores A. Rettman
· Need affidavit explaining circumstances of transfer
No. 30965 Restated Declaration of Trust of Shirley J. Stetson
· Need statement/schedule regarding beneficial interest
c. Purchase Price Documentation Required:
No. 30926 Shane Valero (39 Washington St - 25% interest)
· Purchase Price $20,000 / Assessed Value $1,161,100
· 25% of assessed value is $290,275
2. "M" Exemption Update:
a. Invalid Claim to "M" Exemption - Notice of Assessment:
No. 29008 Scott Cary Akins (207 Madaket Road)
· Previously owned interest in real estate (65% owner of 1 Wood Hollow Rd)
b. Payment Received- Release of Lien:
No. 23318 Marial Pena (15A Mary Ann Drive)
· IndyMac Bank paid fee, penalty & interest through 9/30/10 ($9,063.12)
· Check received 9/13/1 0, so refund of interest due in amount of $26.45
No. 24247 Jivko V. Kalpazanov and Anna Kalpazanova (47 Essex Road)
· Paid fee ($4,000) and penalty ($1,000)
No. 28953 Timothy Shea (41 C Old South Rd; Unit 3 of Anchor Village Condominium)
· Paid outstanding interest ($2,216.67)
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CAL09 Total Exempt Taxable Total Gross Gross Revenue
Month Transfers Transfers Transfers Value Value Taxable Received
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 1 1 $17,755,594 $15,955,594 $327,1 12
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
Jul-09 61 41 20 $44,644,1 14 $42,991 ,125 $878,323
AUQ-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
Dec-09 1 14 78 36 $60,1 19,575 $49,272,425 $985,449
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Average 69 45 24 $38,649,704 $34,321 ,438 $688,097
Low 37 25 1 1 $10,720,838 $8,885,838 $185,717
High 1 14 78 47 $90,032,410 $87,070,640 $1 ,741 ,413
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CAL 10 Total Exempt Taxable Total Gross Gross Revenue
Month Transfers Transfers Transfers Value Value Taxable Received
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 $39,1 15,847 $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 84 46 38 $66,797,096 $38,947,596 $779,553
Jul-10 55 31 24 $26,038,861 $23,613,361 $476,267
Aua-10 64 36 28 $29.410.325 $26,700.825 $534,017
Sep-10
Oct-10
Nov-10
Dec-10
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Average 66 40 26 $38,570,850 $31,754,581 $636,031
Low 50 26 12 $13,437,926 $12,194,500 $243,890
High 84 49 38 $66,797,096 $54,426,906 $1,083,956
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