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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