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HomeMy WebLinkAbout2011-02-08 "' AGENDA Nantucket Land Bank Commission Regular Meeting of February 8, 2011 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER A. CITIZEN BUSINESS/ANNOUNCEMENTS B. EXECUTIVE SESSION C. MINUTES OF THE REGULAR MEETING OF JANUARY 25, 2011 D. TRANSFER BUSINESS E. FINANCIAL BUSINESS 1. Monthly Transfer Statistics 2. Warrant Authorization - Cash Disbursements F. PROPERTY MANAGEMENT 1. Sustainable Nantucket - Community Supported Agriculture 2. Coffin Setoff Property - ATV Track Discussion 3. 2011 Draft Property Management W orkplan Review 4. Beach Use Request - Location Flexible 5. Burchell Property - Agricultural Use Discussion 6. Miacomet Golf Course G. REGULAR BUSINESS 1. Meeting Cancellation - February 22,2011 2.2011 Annual Town Meeting - Discussion of Articles ADJOURNMENT --i ",,-7 c:>~- ..c-~ ~:;;~ . - - ::J: :J::a :::0 - - -0 W N w -r~ ::u m (J -~ ",' . . - MINUTES Nantucket Land Bank Commission Regular Meeting ofPebruary 8, 2011 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER: 4:02 p.m. PRESENT: Gardner, Johnson, Reinhard, Stackpole. ABSENT: Bartlett. STAFF PRESENT: Eric Savetsky, Executive Director; Jesse Bell, Administrator/Fiscal 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. 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 B. CITIZEN BUSINESS/ANNOUNCEMENTS: None. C. APPROVAL OF MINUTES: Upon a motion made and duly seconded, it was VOTED to accept, approve and release the regular session minutes of January 25, 2010, as written. Nantucket Land Council Executive Director, Cormac Collier and Property Supervisor, Jeffrey Pollock entered the meeting at 4: 19 p. m. Bruce Perry, Resource Planner/Ecologist entered the meeting at 4:21 p.m. D. TRANSFER BUSINESS: 1. January 2011 Transfers - Record Nos. 31388 through 31465: The Commission reviewed transfers for the period of January 1,2011 through January 31, 2011. a. Current "M" Exemptions and Liens - No. 31460 Yauheni Y. Shubin, Trustee of O&E Realty Trust: The Commission authorized the placing of a lien against the above-mentioned purchaser's property as a result of their 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. 31431 One Brock's Court, LLC Land Bank Commission . February 8,2011 Page 2 I I In No. 31462 Suzanne M. Klinck 2. Transfer Update: a. Purchase Price Documentation Provided: Based upon the submission of the additional documentation in support of the stated purchase price, the Commission found the following transfers to be in order: No. 31171 Nine Partners Nominee Trust No. 31301 Pedro George Amaral and Joni Lee Amaral E. FINANCIAL BUSINESS: 1. Monthly Transfer Statistics: Monthly transfer statistics reports comparing fiscal years 2010 and 2011 through January 2011 were presented to the Commission. 2. Warrant Authorization - Cash Disbursements: Upon a motion made and duly seconded, it was VOTED to execute the February 8, 2011 warrant document in the amount of $148,954.42 to be provided to the county treasurer. F. PROPERTY MANAGEMENT: Nantucket Biodiversity Initiative Member, Kathryn Pochman entered the meeting at 4:35 p.m. 1.2011 Draft Property Management Work Plan Review: Mr. Pollock, Mr. Savetsky and Mr. Perry presented the first page of the 2011 Property Management Work Plan which was previously distributed via electronic correspondence. . Nantucket Biodiversity Initiative Member, Ernie Steinauer entered the meeting at 4:45 p.m. Executive Director, Michelle Whelan, Board Member, Dylan Wallace and Program Manager Morgan Beryl of Sustainable Nantucket entered the meeting at 4:49 p.m. 2. Gardner Cottage Removal Discussion: Mr. Savetsky reported that the Gardner cottage, which was only being used in the summer, was in need of extensive repairs and had no septic or water service, and recommended the removal of the cottage from the property either by demolition or donation. After a brief discussion, upon a motion made and duly seconded, it was VOTED to authorize staff to proceed with removing the cottage from the property. 3. Sustainable Nantucket - Community Supported Agriculture: Ms. Whelan presented a slide show outlining Sustainable Nantucket's future goals and proposed leasing of portions of the Gardner, Craig and Anderson properties from the Land Bank to establish a land-lease program and integration with an agricultural intern program that would expand local food production and provide educational opportunities on the island. Mr. Collier and Mr. Steinauer expressed concerns about the impact farming has on nutrient loading and the dangers it poses to wetlands and the water supply. . Land Bank Commission February 8,2011 Page 3 Further, Mr. Steinauer pointed out the Land Bank would be leasing out public land for private enterprise. Mr. Collier asked the Land Bank to proceed carefully and to set up an extensive water testing program to ensure the continued health of the wetlands. Commissioner Stackpole thanked everyone for their input and said the Commission would take it under advisement. Ms. Whelan, Mr. Wallace, Ms. Beryl, Mr. Collier, Ms. Pochman and Mr. Steinauer left at 5:30 p.m. Dave Walsh and Levi and James McIntosh entered the meeting at 5:32 p.m. Stuart and Blais Flegg entered the meeting at 5:36 p.m. 4. Coffin Setoff Property - ATV Track Discussion: Mr. McIntosh presented proposed plans for a new ATV track on 4.5 acres of Land Bank property to the south of the industrial park. The plans consisted of one smaller and one larger track, and landscaping designed to minimize noise and the visual impact to abutters. Mr. McIntosh explained that an association would be formed to monitor compliance with the rules, purchase insurance and collect dues, and that members would volunteer their time to build the track. Mr. Savetsky pointed out that part of the Natural Heritage permit required the property to be surrounded by a split rail fence and suggested that the Land Bank purchase the fencing and that association members, along with property management staff, could install it. Mr. Savetsky indicated that rent collected over the first five years would reimburse the Land Bank for the fencing and that remaining, future lease payments would be applied to the cost of mitigation expenses associated with the property. The Commission determined that it was an appropriate use of the property and asked Mr. Savetsky to provide progress reports on the project as details become more finalized. Dave Walsh, Levi and James McIntosh, Stuart and Blais Flegg left the meeting at 5:50 p.m. 5.2011 Draft Property Management Work Plan Review (continued): The Commission continued to review the remainder of the work plan and after a discussion, upon a motion made and duly seconded, it was VOTED to accept and approve the work plan as proposed. 6. Beach Use Request - Location Flexible: Mr. Savetsky presented a beach use request from Matt Koed for a family barbeque for 60 to 80 people from 2 p.m. to 8 or 9 p.m. on June 10,2011 with rented tables and chairs and a few 10' x 10' pop-up tents. After a discussion, it was VOTED to approve the request for Low Beach only. 7. Beach Use Request - Miacomet Beach: Mr. Savetsky again voiced concern about a request presented at the previous meeting to drive over Land Bank property at 4 p.m. for a wedding rehearsal dinner on Friday, September 2,2011 at 5 p.m. for catering and tent trucks to set up a 40'x70' event tent with tables and chairs, a 20'x 20' chef tent, perimeter lighting, etc. After a discussion, the Commission asked Mr. Savetsky to urge the Town to deny the request due to the large scale and inappropriate timing of the event, as it would essentially displace the public on Miacomet beach on Friday of Labor Day weekend. Further, should the event be approved by the Town, the Commission reiterated that it would stand by its earlier decision to adhere to Town beach driving regulations which prohibit vehicular access prior to 5 p.m. . ~",..., ... Land Bank Commission February 8,2011 Page 4 8. Beach Use Request - Miacomet Beach: Mr. Savetsky presented a request from Nantucket Catering Company to drive across Land Bank property at 4 p.m. on Friday, September 9,2011, for a clam bake for 40 people on the Town side of Miacomet beach. After a discussion, upon a motion made and duly seconded, it was VOTED to adhere to Town beach driving regulations which prohibit vehicular access prior to 5 p.m. 9. Burchell Property - Agricultural Use Discussion: Mr. Savetsky reported that some neighbors to the Burchell property were concerned with the use of fertilizers and pesticides by Mr. Baird for his potato farming operation and further objected to some brush and a vehicle he was storing there. The Commission asked Mr. Savetsky to structure a more formal, written agreement with Mr. Baird that would address some of the neighbors' concerns. Commissioner Bartlett entered the meeting via speaker phone at 6:38 p.m. 10. Miacomet Golf Course - Restrooms Discussion: The Commission discussed several estimates for the building shells being proposed for the restrooms which were previously sent via email by Mr. Costa. After some discussion, upon a motion made and duly seconded, it was VOTED to purchase two shells from Structures Unlimited for $27,000 (at $13,500 each) with the understanding that all permitting, delivery and installation would be included in the purchase price. Commissioner Bartlett left the meeting via speaker phone at 6:45 p.m. 11. Miacomet Golf -- New Clubhouse Discussion: Commissioner Reinhard voiced multiple concerns after receiving comments from the public regarding the new clubhouse proposal. Commissioners Stackpole and Johnson agreed and suggested that the Commission issue a press release to correct any misinformation which may be circulating about the project, and reported that Mr. Costa was preparing a draft which would be emailed to the Commission for comments prior to its release. G. REGULAR BUSINESS 1. Meeting Cancellation - February 22, 2011: Upon a motion made and duly seconded, it was VOTED to cancel the regularly scheduled meeting of February 22,2011. 2. 2011 Annual Town Meeting - Discussion of Articles: Mr. Savetsky summarized several articles affecting the Land Bank which would be on the warrant for the Annual Town Meeting on April 4, 2011. If approved, Articles 49 and 52 would rezone lots on Miacomet Avenue (from RC-2 to R-20) and Hummock Pond Road (from LUG-2 to LUG-3), respectively; Article 70 would amend the bylaw affecting the makeup of Community Preservation Colllririttee members; Article 81, a resubmission from last year's warrant, would allow the Land Bank to dispose of the Blair House on North Liberty Street; Articles 82 and 112 would allow for a possible swap of Airport Commission property for Land Bank property; Article 94 would authorize the Town to convey 37 Washington Street to the Land Bank; Article 103 would lay the groundwork for the Town to convey land in Surfside to the Land Bank; Article 110 would permit the Town to convey Francis Street Beach to .- Land Bank Commission February 8, 2011 Page 5 . the Land Bank; and Article 114 would allow a road to be discontinued in Madequecham. H. PROPERTY MANAGEMENT 1. Sustainable Nantucket - Proposal Discussion: The Commission responded favorably to Sustainable Nantucket's proposed agricultural land-lease program. However, the Commission suggested it would be preferable to proceed on a trial basis, at a much smaller scale (such as a portion of the Gardner property), subject to many details being addressed. Attested to: d duly; seconded, it was VOTED to adjourn at 7:10 p.m. ADJOURNMENT: U Accepted, Approved, and Released by the VOTE of the Commission this 8th day of March, 2011. je.s...... ~. -g.~LA", c:...:> Leslie B. Johnson, Vice Chairman FY10 Total Exemot 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 Aua-09 37 25 12 $17,214,552 $12,649,226 $252,985 Seo-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-09 114 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 Aor-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 THRU JAN 10 543 336 207 354,862,349 325,913,153 6,533,430 Averaae 74 45 29 $49,545,170 $43,120,093 $863,959 Low 37 25 12 $13,437,926 $12,194,500 $243,890 Hiah 114 78 47 $90,032,410 $87,070,640 $1,741,413 FY11 Total Exemot Taxable Total Gross Gross Revenue Month Transfers Transfers Transfers Value Value Taxable Received 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 Seo-10 93 36 57 $150,939,438 $146,404,272 $2,936,085 Oct-10 104 53 51 $100,725,494 $96,991,400 $1,947,828 Nov-10 77 41 36 $61,023,719 $49,529,365 $990,587 Dec-10 141 78 63 $97,606,194 $93,574,944 $1,879,499 Jan-11 78 65 13 $21.162.865 $14.910.365 $298.207 Feb-11 Mar-11 Aor-11 Mav-11 Jun-11 THRU JAN 11 612 340 272 $486,906,897 $451,724,532 $9,062,491 Averaae .87 49 39 $69,558,128 $64,532,076 $1,294,642 Low 55 31 13 $21,162,865 $14,910,365 $298,207 Hiah 141 78 63 $150,939,438 $146,404,272 $2,936,085 MONTHL Y (UNAUDITED) - ..,.~. DOCUMENTS AND EXHIBITS Nantucket Land Bank Commission Regular Meeting of February 8, 2011 1. Record No. 31171 (Nine Partners Nominee Trust) and additional confidential information related thereto 2. Record No. 31301 (Pedro G. & Joni L. Amaral) and additional confidential information related thereto 3. January 2011 Transfers, Statistics and Revenue Graphs 4. Check Warrant Summary and Warrant Authorization dated February 8, 2011 5. 2011 Draft Property Management Work Plan 6. Sustainable, Nantucket "Background for Land-Lease Proposal" meeting handout 7. Sustainable Nantucket Power Point presentation 8. Beach Use Request - June 10,2011 9. Beach Use Request - September 2, 2011 10. Beach Use Request - September 9, 2011 11. Miacomet Golf Club General Manager's email summarizing restroom estimates 12. ATM Articles - Director's Notes 13.2011 Annual Town Meeting Warrant . TRANSFER BUSINESS Nantucket Land Bank Commission Regular Meeting of February 8, 2011 1. January 2011 Transfers - Record Nos. 31388 through 31465: a. Current "M" Exemptions: No. 31460 Yauheni Y. Shubin, Trustee ofO&E Realty Trust b. Additional Infonnation Required: No. 31431 One Brock's Court, LLC - Need completed Fonn B, Part G (Seller's Affidavit) No. 31462 Suzanne M. Klinck - Need completed Fonn B, Part G (Seller's Affidavit) 2. Transfer Update: a. Purchase Price Documentation Received: No. 31171 Nine Partners Nominee Trust - Purchase Price $1,100,000/ Assessed Value $1,692,900 - 65% of Assessed Value - Received closing statement and wire transfer sheets from purchaser's attorney; affidavit from seller's attorney No. 31301 Pedro George Amaral and Joni Lee Amaral - Purchase Price $487,000 / Assessed Value $721,500 67% of Assessed Value - Received fully-executed copy of Purchase and Sale Agreement