HomeMy WebLinkAbout2012-10-9—T .L
AGENDA
Nantucket Land Bank Commission
Regular Meeting of October 9, 2012
Land Bank Meeting Room, 22 Broad Strq E C E IV ED
Nantucket, Massachusetts
2012 OGT 2y FM 10 13
NANTUCf'\ET TOWN CLERK
CALL TO ORDER: 4:00 P.M.
MINUTES OF THE REGULAR MEETING OF SEPTEMBER 25, 2012
A. CITIZEN BUSINESS /ANNOUNCEMENTS
B. EXECUTIVE SESSION
1. Approval of Executive Session Minutes
2. Real Estate Acquisition
C. TRANSFER BUSINESS
D. FINANCIAL BUSINESS
1. Monthly Transfer Statistics
2. Warrant Authorization — Cash Disbursements
3. Warrant Authorization — Lamb Note
4. Warrant Authorization— Transfer Refund
E. REGULAR BUSINESS
1. Community Preservation Committee — Appointee Appearance of Conflict
F. PROPERTY MANAGEMENT
1. Nantucket Conservation Foundation — Wildfire Management Program Presentation
2. Property Supervisor's Monthly Review
3. Sconset Golf Course — Septic System Bids Review & Recommendation
4. 125 Somerset Road — Maintenance Building Bids Review & Recommendation
ADJOURNMENT
MINUTES
Nantucket Land Bank Commission
Regular Meeting of October 9, 2012
Land Bank Meeting Room, 22 Broad Street
Nantucket, Massachusetts
CALL TO ORDER: 4:00 p.m.
PRESENT: Bartlett, Paterson, Reinhard, Stackpole. ABSENT: Gardner.
STAFF PRESENT: Eric Savetsky, Executive Director; Susan Campese, Assistant Administrator;
Bruce Perry, Resource Planner /Ecologist.
A. APPROVAL OF MINUTES: Upon a motion made and duly seconded, it was VOTED to accept,
approve and release the regular session minutes of September 25, 2012, as written.
B. CITIZEN BUSINESS /ANNOUNCEMENTS:
1. Miacomet Golf Membership Committee Meeting: Mr. Savetsky reminded the
Commissioners to attend the Miacomet Golf Membership Committee Meeting at Miacomet Golf
Club on Wednesday, October 10 at 5 p.m. for an informal question and answer session with the
Commission.
2. Administrator /Fiscal Officer — Conflict of Interest Disclosure: Mr. Savetsky disclosed on
behalf of Administrator /Fiscal Officer, Jesse Bell, that as an attorney admitted to practice in the
Commonwealth, she is also a licensed real estate broker, for the sole purpose of being the listing broker
on her mother's properties and would be listing a house at 43 Centre Street. In order to eliminate any
apparent conflict, the state ethics commission had advised her to disclose the financial interest. As the
property had no conservation value, the Commission determined there was no conflict.
3. Property Conveyance — Various Road Layout Parcels and lots from the Town of
Nantucket: Mr. Savetsky explained that the Town had conveyed various strips of land to the Land
Bank created by the elimination of paper roads on Station Street, East Tristrams Avenue, two
parcels in Surfside and a large lot at the bottom of Weweeder Pond.
4. Community Preservation Committee (CPC) Meeting: Mr. Savetsky informed the
Commission he was meeting with the CPC to review the Land Bank's grant application for the
historic renovation of the Sconset Golf course barn on Friday, October 12. He would answer
questions about the application and Friends of Sconset Golf organizer, Judy Zurhiedi would talk
about the history of the course and barn.
Mr. Perry departed the meeting at 4: 06 p. m.
C. EXECUTIVE SESSION: Upon a motion made and duly seconded, it was unanimously 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.
Land Bank Commission
October 9, 2012
Page 2
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 in regular session following executive session.
RETURN TO OPEN SESSION
Mr. Perry entered the meeting at 4:40 p.m.
D. TRANSFER BUSINESS:
1. September 2012 Transfers — Record Nos. 32968 through 33074: The Commission
reviewed transfers for the period of September 1, 2012 through September 30, 2012.
a. Current "M" Exemptions and Liens: The Commission authorized the placing of a
lien against the following properties as a result of the purchasers claiming the "M" exemption as
first -time buyers of real property.
No. 32977 Kevin Korn and Margret Korn
No. 32996 Jeana Smiley, Victor Hadley and Dorothy Hadley
2. Transfer Update:
a. Two -Year Domicile Non - Compliance- Payoff/Release of Lien — No.31796 John A.
Lineman: Ms. Campese reported receiving a request from Mr. Lineman's attorney, Keith Yankow
for the payoff amount of the fee, interest and penalty on the above - referenced transfer as the
property was being sold prior to the requirements of the exemption being met. Upon a motion made
and duly seconded, it was unanimously VOTED to approve and execute a Release of Lien which
will be provided to Mr. Yankow upon full payment of the fee, penalty and accrued interest.
b. Two -Year Domicile Non - Compliance Refund Request — No. 30667 Scott P. Allan
and David Hoggard: Ms. Campese explained that the fee, penalty and accrued interest had been
paid on the above reference transfer when it was sold on August 3, 2012 prior to fulfilling the
requirements of the "M" exemption. Subsequently, the sellers are requesting a refund of the $2,000
penalty as they were forced to sell the property due to financial hardship, further, the penalty,
accrued interest and fee were paid in order to facilitate the closing, leaving no time to request relief
from the penalty prior to the transaction. After a discussion of recent decisions made on similar
cases, upon a motion made and duly seconded, it was unanimously VOTED to refund the $2000
penalty.
E. FINANCIAL BUSINESS:
1. Monthly Transfer Statistics: Monthly transfer statistics reports comparing calendar years
2011 and 2012 through September 2012 were presented.
2. Warrant Authorization — Cash Disbursements: Upon a motion made and duly seconded, it
Land Bank Commission
October 9, 2012
Page 3
was unanimously VOTED to execute the October 9, 2012 warrant document in the amount of
$63,532.52 to be provided to the county treasurer.
3. Warrant Authorization — Note No. 33 Lamb: Upon a motion made and duly seconded, it
was unanimously VOTED to authorize the transfer of funds for payment of the principal due on
Land Bank Note No. 33 held by Susan L. Moore, Trustee of the Lamb Nominee Trust and to issue a
check payable to Susan L. Moore in the total amount of $500,000.00.
4. Warrant Authorization — Transfer Refund: Upon a motion made and duly seconded, it
was unanimously VOTED to authorize the transfer of funds for the reimbursement of penalty in the
amount of $2,000 and to issue a check payable to Patricia Halsted, legal representative of the
sellers', Scott P. Allan and David Hoggard.
F. REGULAR BUSINESS:
1. Community Preservation Committee — Appointee Appearance of Conflict: Mr. Savetsky
presented a disclosure from Land Bank CPC representative Ken Beaugrand, stating that in addition
to the CPC grant application for the Sconset Golf barn, there were applications from the Nantucket
Historical Association of which he is the vice president and St. Paul's Church of which he is a
warden and vestry member. Mr. Beaugrand checked with town counsel, who determined there was
no conflict as he had no financial interest in any of the organizations. However, since there could
be a perception of conflict, he is asking the Commission if they are comfortable with him sitting on
the above mentioned applications. After some discussion, it was the consensus of the Commission
that they had no problem with him sitting on all three applications.
G. PROPERTY MANAGEMENT:
1. Sconset Golf Course — Septic System Bids Review and Recommendations: Mr. Perry
presented the following two bids received for installation of a septic system at the Sconset Golf
Course:
Longfin LLC $13,200
Toscana Corporation $11,725
Upon a motion made and duly seconded, the Commission VOTED to award the work to the lowest
responsible and eligible bidder, Toscana Corporation, subject to final review of the bid documents
by Mr. Perry.
Jeffrey Pollock, Property Supervisor and Robert Earley, Assistant Property Manager entered the
meeting at 4: 58 p. m.
2. 125 Somerset Road — Maintenance Building Bids Review and Recommendation: Mr.
Perry presented the following two bids received for the addition/renovation of the maintenance
building at the Land Bank's maintenance facility campus:
Land Bank Commission Page 4
October 9, 2012
Paul J. Rogan Company, Inc. $799,281
Wellen Construction $556,000
Upon a motion made and duly seconded, the Commission VOTED to award the work to the lowest
responsible and eligible bidder, Wellen Construction, subject to final review of the bid documents
by Mr. Perry and authorize Mr. Perry and Mr. Savetsky to execute the contract on the
Commission's behalf. The Commission requested vigilant oversight on the project by property
management staff to ensure that the building is constructed properly.
David Ross, Nantucket Conservation Foundation (NCF) Board Member and James Lentowski ,NCF
Executive Director entered the meeting at 5: 00 p. m.
3. Nantucket Conservation Foundation — Wildfire Management Program Presentation: Mr.
Ross and Mr. Lentowski of the NCF presented a short film and a slide presentation about the
Wildfire Risk Reduction Program the NCF was working on, which included creating roads, fire
breaks and fuel load reduction on several large NCF properties. After a short discussion about the
permitting, funding and equipment needs of the project, Mr. Ross asked the Land Bank Commission
to consider developing a wildfire reduction management program to continue onto Land Bank
properties.
Mr. Ross and Mr. Lentowski departed the meeting at 5:40 p. m.
4. Property Supervisor's Monthly Review: Mr. Pollock reported that over the last month
property management staff had worked with Mr. Perry on clearing invasive plants from the Gaillard
and Reis properties, had installed a bench and picnic area at the Carter property, put in 740 feet of
split rail fence along the back of Miacomet Golf Course's driving range and were clearing views at
the Eilert property. Additionally, staff was gearing up for winter by closing the parking lots at
Nobadeer and Madaquecham beaches, grading and top dressing parking areas, picking up trash and
getting ready for the burn season.
5. Fall Property Projects — Discussion: Mr. Pollock outlined several of the upcoming
projects for the fall, including moving the privet hedge by the Blair House, removing bamboo along
the sides of the entrance at the Peterson property, finishing brush clearing along road edge and
delineating the parking area at the Lamb property, continuing japanese knotweed removal at the
Reis property, grading the road to the Keane property and clearing trails at the Eilert property.
Mr. Pollock and Mr. Earley departed the meeting at 5:53 p. m.
6. Cisco Bike Path — Update: Mr. Perry reported the protocols for the plant surveys that
were previously completed had been approved by Natural Heritage and that he has laid out a 20 foot
bike path corridor avoiding the protected plants, however there was some question about the
disturbance of 1800 square feet of harrier habitat which may require mitigation.
ADJOURNMENT: Upon a motion made and duly seconded, it was VOTED to adjourn at 6:03 p.m.
Land Bank Commission
October 9, 2012
Attested to:
Allen B. Reinhard, Secretary
Accepted, Approved, and Released by the VOTE
of the Commission this 23rd day of October, 2012.
John J. Sta pole, Ibnairman.
Page 5
MONTHLY TRANSFER STATISTICS CALENDAR 2011
CAL11
Total
Exempt
Taxable
Total Gross
Gross
Revenue
Month j
Transfers
Transfers
Transfers
Value
Value Taxable
Received
Jan -11
78
65
13
$21,162,865
$14,910,365
$298,207
Feb-11
62
39
23
$23,477,453
$21,996,953
$439,939
Mar -11
63
39
24
$33,663,500
$31,223,500
$628,470
Apr -11
57
20
37
$40,311,309
$39,448,100
$788,962
_
May -11
64
37
27
$44,795,705
$39,482,7051
$799,654
Jun -11
65
30
35
$66,953,340
$64,374,340
$1,287,487
Jul -11
76
54
22
$25,749,264
$24,643,000
$492,860
Aug -11
75
43
32
$49,340,375
$47,072,751
$941,455
Sep -11
94
43
51
$74,154,881
$71,949,006
$1,438,980
Oct -11
78
44
34
$56,393,735
$55,156,935
$1,103,139
Nov -11
100
65
35
$66,300,685
$62,595,685
$1,251,914
Dec -11
136
89
47
$54,529,358
$50,656,462
$1,021,129
i
THRU SEP 11
Average_
634
79
370
264
32
$379,608,692
$46,402,706
$355,100,720
$43,625,817
$7,116,014
$874,350
Low ! 57
_47
20
13
$21,162,865
$14,910,365 $298,207
High 136.
89
51
$74,154,881
$71,949,006 $1,438,980
i
I
�
MONTHLY TRANSFER STATISTICS
I
CALENDAR
2012
CAL12
Total
Exempt
Taxable
Total Gross
Gross
Revenue
Month
Transfers
Transfers
Transfers
Value
Value Taxable
Received
Jan -12
63
40
23
$22,737,132
$22,395,132
$447,903
Feb -12
_
71
35
36
$43,728,802
$43,055,537
$861,111
Mar -12
79
47
32
$34,458,370
$30,543,200
$610,864
Apr-12
171
44
127
$50,851,251
$47,713,751
$954,275
May -12
! 95
47
48
$85,339,814
$64,058,031
$1,281,161
Jun -12
93
51
42
$52,998,896
$51,109,793
$1,022,196
Jul -12 —F_
73
43
30
$46,009,291
$38,341,764
$766,835
-12
77
43
34
$103,153,543
$100,982,645
$2,035,553
_Aug _
Sep -12
107
44
63
$75,433,577
$72,371,463
$1,447,429
Oct -12
Nov -12
—
-_ Dec -12
I - - - --
I
THRU SEP 12 829
A_ verage 92
Low 63
394
44
35
I
435
48
23
$514,710,677
$57,190,075
$22,737,132
$470,571,316 $9,427,326
$52,285,702 $1,047,481
$22,395,132 $447,903
- High- - - -'
I 171
51 127 $103,153,543
$2035,553
100,982,645 $2,035,553
I
MONTHLY (UNAUDITED)
DOCUMENTS AND EXHIBITS
Nantucket Land Bank Commission
Regular Meeting of October 9, 2012
1. Town Conveyances to LB - Maps
2. Monthly Transfer Report
3. Current "M" exemption (see transfer business for record nos.)
4. Two -Year Non - Compliance payoff request (see transfer business for record no.)
5. Two -Year Non - Compliance refund request — email (see transfer business for record
no.)
6. Monthly Transfer Statistics and Graph - Calendar Year
7. Check Warrant Summary dated October 9, 2012
8. CPC Representative — email
9. NCF Wildfire Risk Reduction Program — Handouts
TRANSFER BUSINESS
Nantucket Land Bank Commission
Regular Meeting of October 9, 2012
1. September 2012 Transfers — Record Nos. 32968 through 33074:
a. Current "M" Exemptions:
No. 32977 Kevin Korn and Margret Korn
No. 32996 Jeana Smiley, Victor Hadley and Dorothy Hadley
2. Transfer Update:
a. Two -Year Domicile Non - Compliance — Payoff /Release of Lien:
No. 31796 John A. Lineman
b. Two -Year Domicile Non - Compliance — Refund Request:
No. 30667 Scott P. Allan and David Hoggard