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Home My WebLink About2010-10-12 MINUTES Nantucket Land Bank Commission Regular Meeting of October 12,2010 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER: 4:05 P.M. PRESENT: Johnson, Reinhard, Stackpole. ABSENT: Bartlett, Gardner. STAFF PRESENT: Eric Savetsky, Executive Director; Jesse Bell, AdministratorlFiscal Officer; Susan Campese, Assistant Administrator A. 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, and review and approve executive session minutes. 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: 1 0 P.M RETURN TO OPEN SESSION B. APPROVAL OF MINUTES: Upon a motion made and duly seconded, it was VOTED to accept, approve and release the regular session minutes of September 28, 2010, as written. Bruce Perry, Resource Planner/Ecologist; Jeffrey Pollock, Property Supervisor and Robert Earley, Assistant Property Manager entered the meeting at 4:42 P.M C. PROPERTY MANAGEMENT: 1. Property Management Monthly Update: a. Sanguinetti Property: Mr. Pollock informed the Commission that property management staff had recently completed another big section of boardwalk at the property. b. Holdgate Property: Mr. Pollock reported that the playing field had been hydro seeded and that the irrigation project required extensive rehabilitation of certain areas of Hinsdale Road and Forrest Avenue where the water lines were installed. c. Gaillard Property: Mr. Pollock reported that property management staff had been working on getting the window sashes primed and painted on the Gaillard barn, as well as assisting Mr. Perry with removing P hragmites from the property. 2. Wolfe Property - Landscape Plan Review: Mr. Pollock and Mr. Perry presented a landscaping plan for the property, which included replacing the pilings with a natural vegetative buffer to border the AGENDA Nantucket Land Bank Commission Regular Meeting of October 12,2010 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER A. EXECUTIVE SESSION B. PROPERTY MANAGEMENT 1. Property Management Monthly Update 2. Wolfe Property - Landscape Plan Review 3. Nobadeer Farm Road Property - Ballfields Review C. CITIZEN BUSINESS/ANNOUNCEMENTS D. MINUTES OF THE REGULAR MEETING OF SEPTEMBER 28,2010 E. TRANSFER BUSINESS F. FINANCIAL BUSINESS 1. Monthly Transfer Statistics 2. Warrant Authorization - Cash Disbursements G. PERSONNEL MATTERS I. Assistant Property Manager - Annual Review ADJOURNMENT -; o~ ~~~ ~~ ......".- ...;p'- .....~...I ;:-") r-- '. ; I' -. ;:.:;~ r -- Iv . --- o c::J CJ --l N -..J -0 --- (.j o - Land Bank Commission October 12,2010 Page 2 street. As proposed, the buffer would be maintained at a height of 18 inches and falls within the current Order of Conditions issued by the Conservation Commission. Mr. Pollock also indicated that staff would be installing a fence on the easterly property line as agreed upon with Mr. Wolfe in order to separate his property from ours. In addition, the Commission briefly discussed the idea of creating a vehicle turn off on the property. Upon a motion made and duly seconded, it was VOTED to have staff proceed with the landscaping pl'an as presented, leaving a few trimmed down pilings hidden within the vegetative border to stop cars from being able to drive on the property. Mr. Perry left the meeting at 4:58 P.M 3. Nobadeer Farm Road Property - Ballfields Review: Mr. Savetsky presented the Parks and Recreation Commission's approved design plan for the new ballfields for discussion. Commissioner Johnson expressed concern that there had been complaints of too much asphalt and not enough greenscaping elements in the plan. Mr. Savetsky stated that the amount of parking necessary was calculated by the ballfield facility designers who specialize in these types of projects and pointed out that a portion of the parking was designed as "grass-crete". D. CITIZEN BUSINESS/ANNOUNCEMENTS: None. E. TRANSFER BUSINESS: 1. September 2010 Transfers - Record Nos. 30973 through 31065: The Commission reviewed transfers for the period of September 1,2010 through September 30, 2010. a. Current "M" Exemptions and Liens - No. 31060 David G. Berry: The Commission authorized the placing of a lien against the above-mentioned property as a result of the purchaser claiming the "M" exemption as a first-time buyer of real property. b. Additional Information Required: The Commission asked staff to request additional information on the following transfers: No. 31001 EK Associates, LLC No. 31055 James M. Driscoll and Carol J. Driscoll 2. "M" Exemption Update: a. Five-Year Domicile Non-Compliance/Notice of Assessment- No. 25721 Daniel Sullivan: Ms. Bell reported that staff had been unable to determine during its routine, five-year compliance check if Mr. Sullivan was actually domiciled at 6B Essex Road, and further, the sources used to monitor compliance have shown other people residing at the property over the years. In addition, although Mr. Sullivan has been in regular phone contact with the Land Bank, he has failed to provide proof of "actual domicile" to date. Accordingly, upon a motion made and duly seconded, the Commission VOTED to authorize staff to issue a Notice of Assessment for the outstanding fee ($4,000), accrued interest ($3,080.00) and penalty ($1,000) in the total amount of $8,080.00. b. Revised Notice of Assessment/Request for Hearing - No. 29008 Scott Cary Akins: Ms. Bell presented a letter from Edward Foley Vaughan, Esq., in his capacity as legal representative for Land Bank Commission October 12,2010 Page 3 his partner, Kevin F. Dale, Esq., and corresponding affidavit of Mr. Dale which explained that Mr. Akins relied on Mr. Dale's legal advice in claiming the "M" exemption as a first-time home buyer, and that Mr. Dale had "inadvertently failed to consider" that Mr. Akins had previously owned a partial interest in real estate located at 1 Wood Hollow Road. Based upon the explanation provided, upon a motion made and duly seconded, it was VOTED to amend the previous Notice of Assessment by removing the fraud penalty and replacing it with the negligence penalty ($2,000), and to further waive the interest, provided full payment of the fee and penalty ($10,000) is received immediately and the request for a hearing is withdrawn. Pursuant to Mr. Vaughan's written request, a hearing on the matter was granted and scheduled for the next regular meeting on October 26,2010. F. FINANCIAL BUSINESS: 1. Monthly Transfer Statistics: Monthly transfer statistics reports comparing calendar years 2009 and 2010 through September, 2010 were presented. 2. Warrant Authorization - Cash Disbursements: Upon a motion made and duly seconded, it was VOTED to execute the October 12, 2010 warrant document in the amount of$95,737.59 to be provided to the county treasurer. G. PERSONNEL MATTERS: 1. Annual Review and Compensation: a. Assistant Property Manager - Edward Boynton: Based upon a review and recommendation from the Executive Director, upon a motion made and duly seconded, it was VOTED to approve a 2.75% cost of living increase, bringing Mr. Boynton's annual salary to $61,755, and to further review Mr. Boynton's performance after three months for consideration of a merit increase. The Commission authorized Mr. Savetsky to execute a Personnel Change Form to be provided to the County Treasurer. Attested to an duly secon ed, it was VOTED to adjourn at 5:39 P.M. ADJOURNMENT: Accepted, Approved, and Released by the VOTE of the Commission is 26th day of October, 2010. John J. DOCUMENTS AND EXHIBITS Nantucket Land Bank Commission Regular Meeting of October 12,2010 Documents and Exhibits List 1. Landscape Plan for Wolfe Property 2. Aerial Photograph of Wolfe Property 3. Nobadeer Farm Road Ball Fields Plan 4. Attorney's Affidavit for Land Bank Record No. 29008 (Confidential) 5. September 2010 Transfers 6. Transfer Revenue Graph 7. Check Warrant Summary 8. Salary Information for Land Bank Staff (updated through October 2010) 1- :iMINitmIM:ifflUN.SEII:::SJrll1lmJ.Bi:iIUlHIB::...liI:::i:ti::!:::!:!i!::i!::tiII:::i:t::i::!:!:!:!:IIIIII!tiI:iliI:i:::i::il::!i:ti!:!:!ti:::tttII!ti:ii:i:iI::l!~:~!t:::::I::I;::l::H:I!l::~!i::::I:!:II: 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 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 Dec-09 1 14 . 78 36 $60,1 19,575 $49,272,425 $985,449 .. ..... fHRlJSEP 09........... .533 .............35$ ................1'7$ ..................$2519'7$016 ... ........ .$21.8..387.026 ...........$4379761 """". .... . ... q.... ..' .... ... . . . . . . - . . . . . - . . . . . ....... .. . . ............. .. ......... ............ . .. . . ... ... .:::;::::<:::::-.: ..'. :::::::::::::: :::::::::. ...............................i..........l......... . . . . . . . . . . . . . .. . .. . . . .... ~~~~~: ~ ~:~ ~~..::; .f.:. :~.~:..i.:: ..:~. ~~~ .. ,.... ......... ._, :::::::::::::..:...:.::..:~:..:..:.: :t:.,..:::.: 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 J\1:IDmIM::ffl..SEIBISitlmJ.lliJ.G;.:.g_HIB:::lllil1::i!:jI:f:II::::i:i::::!i::!:!ii:::::!::iIjI::::::::i!:::!::i:ij:::!:::!::::::i:.:iI!mI!:!:::j:j:!:ji::ji::!:!:!l:jm~:::~::I!:j:IIt::::I!:::j:::!::iji!i::!:I!:::III::jIIi!:j:j:::!tI:t'j:::: 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 Aug-10 64 36 28 $29,410,325 $26,700,825 $534,017 Sep-10 93 36 57 $150,939,438 $146 404,272 $2,936,085 Oct-10 Nov-10 Dec-1 0 . ..... ..... ........". '. ..............61.9... ...............35$ .................261 ..................$459506236 ........ .... $4.0.0440..918 ...........$80.24337 ....THRlJSEP1Q . ............ .. ... .. ..-........... .. ...... ............. -.... .. ............ -, ......... . ............ -........ .... :::::::;:;>::::.'.::. .::: ................................i..........l......... .............H..........i.........i......... . . . . . . . . . . . . .. . . . . . .. . . :.: ::':':.:..:.:::::::.:' ::::. .. ..... ....... ...... :::::::::::::;:::. :.. ... ............ ...........:......f..........!........... Average 69 40 29 $51,056,248 $44,493,435 $891 ,593 Low 50 26 12 $13,437,926 $12,194,500 $243,890 High 93 49 57 $150,939,438 $146,404,272 $2,936,085 MONTHL Y (UNAUDITED) TRANSFER BUSINESS Nantucket Land Bank Commission Regular Meeting of October 12,2010 1. September 2010 Transfers - Record Nos. 30973 through 31065: a. Current "M" Exemptions: No. 31060 David G. Berry (II Brewster Road) b. Additional Information Required: No. 31001 EK Associates, LLC . Need schedule of members for Bartlett Road, LLC (member ofEK Associates) No. 31055 James M. Driscoll and Carol J. Driscoll · Need signature on Seller's Affidavit (Form B, Part G) 2. "M" Exemption Update: a. Five-Year Domicile Non-Compliance - Notice of Assessment: No. 25721 Daniel Sullivan (6B Essex Road) b. Additional Information Received - Revised Notice of Assessment/Request for Hearing: No. 29008 Scott Cary Akins (207 Madaket Road) . Previously owned interest in real estate (65% owner of 1 Wood Hollow Rd)