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HomeMy WebLinkAbout2015-10-13MINUTES Nantucket Land Bank Commission Regular Meeting of October 13, 2015 = Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts ,I -.I ! �� 2 F; I 9 C3 T "' ; TCv' {'iv C.LER CALL TO ORDER: 4:00 p.m. PRESENT: Robert Gardner, Richard Glidden, Neil Paterson, Allen Reinhard, John Stackpole. STAFF PRESENT: Eric Savetsky, Executive Director; Jesse Bell, Assistant Director; Susan Campese, Administrator /Finance Manager; Marian Wilson, Assistant Administrator. Miacomet Golf General Manager, Alan Costa; Miacomet Golf Course Superintendent, Sean Oberly; Principal at O'Connor & Drew, P. C., Kevin Carnes, CPA and Audit Supervisor, Lisa DiGiusto were also present at call to order. I. CONVENE IN OPEN SESSION: A. FINANCIAL BUSINESS: 1. Audited Financial Statements — Presentation: Mr. Carnes reviewed the draft audited financial statements for the Fiscal Year ending June 30, 2015, explaining that due to Governmental Accounting Standards Board, Statement No. 68, the unfunded pension liability now needed to be shown on the Land Bank's financial statements. Further, he discussed the health of Miacomet Golf Course's ( "MGC ") finances, explaining that even though there was a positive cash flow, the depreciation expense created a loss. Further, he explained that while some of the depreciation could be segregated out and not considered a "real expense" since it was based on land improvements that would never need to be replaced, the remaining portion of the depreciation should be included since it was a way to expense assets that would need replacement in the future. He opined that MGC could not finance a large capital expense such as a clubhouse on its own, however, the Land Bank's net position as a whole was very good and financing could likely be obtained using those numbers. 2. Audited Financial Statements — Required Communications: Mr. Carnes conveyed some required communications to the Commission that were shown in detail in a packet he presented for their review. The Commission thanked Mr. Carnes for coming and answering their questions on financial management. Mr. Carnes and Ms. DiGiusto departed the meeting at 3:40 p.m. B. GOLF BUSINESS: 1. Capital Improvement Fund — Policy Discussion: Ms. Campese explained that the Commission had voted on December 9, 2013 to have MGC transfer all new initiation fees to the Land Bank Commission October 13, 2015 Page 2 Land Bank to be held in a designated fund for capital expenditures on the clubhouse. She informed the Commission that the initiation funds for the calendar year had not been received and would like to clarify a schedule of when those funds would be turned over. Mr. Costa explained that he would like to keep the initiation funds to use on the upcoming cart path project. He explained that each year MGC spends upwards of $200,000 on capital projects and he would rather not have to come back to the Commission to ask for funds each time. After some discussion it was the consensus of the Commission that all capital expenditures needed to be vetted through the Golf Capital Planning Workgroup and voted by the Commission, therefore the Commissoners would vote to pay for those capital items at that time and all initiation fees should be turned over to the Land Bank as designated funds. Mr. Costa and Mr. Oberly departed the meeting at 4:08 p.m. 2. Miacomet Golf Course Master Plan — Designer Services: Mr. Savetsky recommended hiring Brown Lindquist Fenuccio & Raber Architects, Inc. based on their significant experience with golf facilities planning in both public and private sector projects. After some discussion, upon a motion made by Commissioner Stackpole and duly seconded by Commissioner Glidden, it was unanimously VOTED to hire Brown Lindquist Fenuccio & Raber Architects, Inc. for the first stage of the master planning process. C. CITIZEN BUSINESS /ANNOUNCEMENTS: 1. Head of Plains /FAA Property — Acquisition: Mr. Savetsky announced that 100 acres of decommissioned federal land had been conveyed to the Land Bank that morning for $7,000,000. Donations of $350,000 from the Nantucket Land Council, $200,000 from the Madaket Conservation Association, $233,254.91 from various Madaket/Sheep Pond residents and a Community Preservation grant of $650,000 were received and applied towards the purchase. Mr. Savetsky acknowledged the hard work of officials from the Town, the Nantucket Conservation Foundation and the Nantucket Land Council over the past nine years to bring the acquisition to fruition. 2. Affordable Housing Trust Fund — Meeting Discussion: Mr. Savetsky reminded the Commission that the Affordable Housing Trust Fund representatives had asked the Commissioners to attend a joint meeting in order to talk about affordable housing initiatives. Ms. Campese indicated she would be in touch with those available to confirm the timing. II. EXECUTIVE SESSION: Upon a motion made by Commissioner Paterson and duly seconded by Commissioner Stackpole, 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. A roll call vote was taken: Reinhard -Aye, Paterson -Aye, Glidden -Aye, Stackpole- Aye, Gardner -Aye. The Chairman under Purpose 6 [G.L. c. 30A, 21(a)(6)] 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. III. RECONVENE IN OPEN SESSION Land Bank Commission October 13, 2015 Page 3 Property Management Supervisor, Jeffrey Pollock and Property Manager, Robert Earley entered the meeting at 4:45 p.m. D. APPROVAL OF MINUTES: Upon a motion by made by Commissioner Glidden and duly seconded by Commissioner Stackpole, it was unanimously VOTED to accept, approve and release the regular meeting of September 22, 2015 and special meetings minutes of September 28, 2015, October 8, 2015 as written, and also to approve the minutes of October 1, 2015 with the minor change noting Commissioner Stackpole was absent. E. PROPERTY MANAGEMENT: 1. Property Management Supervisor's Monthly Report: Mr. Pollock told the Commission that over the last month staff had finished up work at the Bachman property including irrigation, hydro seeding, planting of red maples, and the installation of fencing and signs. Mr. Pollock said the next phase will be to eradicate the Phragmites and install the dock once the permit process is complete. The parking lot expansion on Cathcart Road was complete and the Codfish Park playground was installed and hydro seeded. Further, staff was currently working on agricultural and mitigation mowing and gearing up for the fall burn season. Mr. Pollock explained that another field employee was needed to keep properties clean and in good condition, and therefore a full -time property steward position would be advertised starting this week. 2. Property Equipment Purchase - Discussion: Mr. Pollock explained that they were hoping to trade in the ten year old Bobcat for a new, larger Bobcat. He said the cost of the new machine with all needed upgrades was $79,000 and that the dealer would take a trade -in of the old machine for $26,500. Commissioner Stackpole suggested that staff consider keeping the older Bobcat for times when a smaller machine was needed, since they would never be able to purchase one again for $26,500. After some discussion, upon a motion by made Commissioner Paterson and duly seconded by Commissioner Stackpole, it was unanimously VOTED to purchase the new Bobcat at the state bid price of approximately $79,000 and to give property staff the discretion to decide whether it made sense to keep the old Bobcat or recoup the trade -in value. 3. Munson House /Massasoit Bridge Road — Addition Discussion: Mr. Pollock presented some preliminary sketches of modest improvements they would like to make to the Munson house to accommodate Mr. Earley's growing family. Mr. Savetsky explained that the proposed renovations would also correct some ongoing issues with the old house. Further, Mr. Savetsky stated that he believed the proposal was in keeping with the style of the home and surrounding area, and that Mr. Earley had been a dedicated employee of the Land Bank for nineteen years. After some discussion, upon a motion made by Commissioner Stackpole and duly seconded by Commissioner Paterson, it was unanimously VOTED to move forward with the concept. 4. Accessibility Improvements — Discussion: Mr. Savetsky informed the Commission that he met with members of the Disability Commission about making reasonable improvements to a few select properties in order to make them more accessible to disabled people, such as adding Land Bank Commission October 13, 2015 Page 4 designated parking spaces, creating wider paths with harder surfaces, and then also to create a directory of accessible outdoor places. The Commission responded favorably to the concept. 5. Community Garden/166 Hummock Pond Road — License Request: This item was tabled for a future meeting. 6. Sustainable Nantucket /168 Hummock Pond Road — License Agreement Amendment Proposal: This item was tabled for a future meeting. Commissioner Glidden voluntarily recused himself from the next item and departed the room. 7. Blair /15 North Liberty Street — Drainage Reimbursement Request: Mr. Savetsky explained that when the Blair House was moved over to the current lot, unbeknownst to the Director, former employee Bruce Perry had the sump pump in the basement drain through a buried pipe to wetlands on the Lily Pond property without Conservation Commission approval. When this was discovered the owner of the property corrected it and was now asking for reimbursement of those funds in the amount of $3,353. Mr. Savetsky further explained that although the property was sold as is, there would be no way of discovering the violation during a regular inspection of the property. After some discussion, upon a motion made by Commissioner Gardner and duly seconded by Commissioner Stackpole, it was VOTED to reimburse the owner $3,353 with Commissioners Paterson against. Commissioner Glidden returned to the meeting at 5:23 p.m. Mr. Pollock and Mr. Earley departed the meeting at 5:23 p. m. F. TRANSFER BUSINESS: 1. September 2015 Transfers — Record Nos. 36631 through 36740: a. Current "M" Exemptions and Liens: The Commission authorized the placing of a lien against each of the following properties as a result of the purchasers claiming the "M" exemption as first -time buyers of real property: No. 36634 Cassandra Thompson and Natalie Thompson No. 36645 Juan A. Tejada, Juan A. Pena and Maria Magdalena Alarcon Tejada, Samuel A. Paz No. 36670 Carlos A. Nolasco and Claribel Del Carmen Ramirez No. 36678 August Libby and Jason Libby No. 36694 Christopher R. Lydon and Marleah Lydon b. Transfer Update: Ineligible for "M" Exemption Previously Claimed/No. 35161 John E. Mynttinen and Suzanne M. Mynttinen — Unsubordinated Lien: Ms. Campese reminded the Commission that at the meeting of September 22, 2015, the Commission had voted to waive penalties and interest, but to require the payment of the fee as Mr. and Mrs. Mynttinen were ineligible for the "M" exemption that they had previously claimed. Ms. Campese recommended Land Bank Commission Page 5 October 13, 2015 placing an unsubordinated lien on the property until the fee was paid. Upon a motion made by Commissioner Glidden and duly seconded by Commissioner Paterson, it was unanimously VOTED to place an unsubordinated lien on the property. G. FINANCIAL BUSINESS: 1. Monthly Transfer Statistics: Monthly transfer statistics reports comparing calendar years 2014 and 2015 through September 2015 were presented. 2. Warrant Authorization — Cash Disbursements: Upon a motion made by Commissioner Glidden and duly seconded by Commissioner Gardner, it was unanimously VOTED to execute the October 13, 2015 warrant document in the amount of $331,125.36 to be provided to the county treasurer. H. REGULAR BUSINESS: 1. 222 Polpis Road/Conservation Restriction — Execution of Estoppel Certificate: Ms. Bell explained that the Land Bank held a conservation restriction ( "CR ") on a portion of the property and an Estoppel Certificate evidencing the owner's compliance with the CR was required in order for the property to be sold. Ms. Bell further indicated that Environmental Coordinator, Rachael Freeman, had performed a site inspection and confirmed compliance. Upon a motion made by Commissioner Glidden and duly seconded by Commissioner Stackpole, it was unanimously VOTED to ratify and confirm the previous execution of the Estoppel Certificate. 2. House Move Incentive Program — Proposal: Commissioner Paterson suggested offering the Land Bank cost of demolition as a monetary incentive for people to take surplus houses, since the Land Bank would be incurring demolition and dump fee expenses anyway and it would be much preferable to see a building reused. It was the consensus of the Commission to have staff look into the legalities of offering such a program. 3. Town Smooth Hummocks Parcels — Appointment of Staff Signatory: Ms. Bell indicated that for purposes of ease and expedience, a resolution was needed to authorize staff to execute paperwork associated with a National Park Service ( "NPS ") federal lands application to allow for the transfer of 80 acres in Smooth Hummocks from the Town to the Land Bank, as these parcels were previously owned by the federal government therefore the conveyance needed to be approved by them. Upon a motion made by Commissioner Glidden and seconded by Commissioner Paterson, it was unanimously VOTED to make the following resolution to authorize the NPS federal lands application: WHEREAS, two parcels of land having a total area of 80.00 acres located in the Town of Nantucket, County of Nantucket, Commonwealth of Massachusetts, are now owned by the Town of Nantucket ( "TON "), which acquired the parcels from the United States via deed recorded in Nantucket Registry of Deeds Book 248 Page 302 and which are a portion of the former FAA Consolan Facility, Nantucket, Massachusetts, 1 -U -MA -694 and 694A (hereafter, the "Property "); and Land Bank Commission October 13, 2015 Page 6 WHEREAS, prior to the Property being transferred to TON, the Property was declared surplus and, at the discretion of the General Services Agency, was permitted to be assigned to the Secretary of the Interior for disposal for public park or recreational purposes under the provisions of 40 U.S.C. Section 550(e), and any regulations and policies promulgated pursuant thereto; and WHEREAS, Nantucket Islands Land Bank (the "Land Bank ") agreed to acquire the Property pursuant to the terms of the Memorandum of Understanding between the Land Bank and TON dated December 17, 2014; and WHEREAS, as a condition of the contemplated transfer of the Property, the United States requires the Land Bank to apply to the Secretary of the Interior for approval of the Land Bank as the future owner of the Property; and WHEREAS, the Land Bank needs and will use said property in perpetuity for public park or recreational purposes as set forth in its application and in accordance with the requirements of said Act and any regulations and policies promulgated thereunder. NOW THEREFORE, BE IT RESOLVED, that the Nantucket Islands Land Bank shall make application to the National Park Service for, and secure the transfer to, the above - mentioned Property for said use and subject to such exceptions, reservations, terms, covenants, agreements, conditions, and restrictions as the National Park Service and the Federal disposal agency may require in connection with the disposal of said Property under said Act and the regulations and policies issued pursuant thereto. FURTHER RESOLVED, that Nantucket Islands Land Bank has legal authority, and is willing and able to properly develop, maintain, operate, and assume liability of the Property, and that either the Executive Director or the Assistant Director of the Land Bank, acting individually or together, is hereby authorized, for and on behalf of the Nantucket Islands Land Bank to do and perform any and all acts and things which may be necessary to carry out the foregoing resolution, including the preparing, making, and filing of plans, applications, reports, and other documents, the execution, acceptance, delivery, and recordation of agreements, deeds, and other instruments pertaining to the transfer of said Property, including the filing of copies of the application and the conveyance documents in the records of the governing body, and the payment of any and all sums necessary on account of the purchase price thereof or fees or costs incurred in connection with the transfer of said Property for survey, title searches, recordation of instruments, or other costs identified with the acquisition of said Property. Accordingly, Commissioner Glidden signed the document entitled "Certified Resolution Authorizing Federal Application" as Secretary for inclusion in the federal application. Land Bank Commission October 13, 2015 I. GOLF BUSINESS: Page 7 1. Sconset Golf Course — Closing Discussion: Commissioner Stackpole suggested that staff look into keeping Sconset Golf Course open through November given the late opening this year and favorable fall weather. Mr. Savetsky said staff would inquire with golf management on the possibility. ADJOURNMENT: Upon a motion made and duly seconded, it was VOTED to adjourn at 6:35 p.m. Attested to: Robert L. Gardner, Vice Secretary / Vice Treasurer Accepted, Approved, and Released by the VOTE of the Commission this 30th day of October, 2015. MONTHLY TRANSFER STATISTICS CALENDAR 2014 $586,783,265 $65,198,141 $11,755,842 $1,306,205 Low 67 36 CAL14 Total Exempt Taxable Total Gross Month Transfers Transfers Transfers Value $1,925,880 Jan -14 83 54 29 $63,272,803 Feb -14 65 30 35 $63,662,993 Mar -14 71 32 39 $50,612,071 Apr -14 75 40 36 $50,709,873 May -14 80 35 45 $67,830,595 Jun -14 83 33 50 $96,733,991 Jul -14 98 48 50 $60,140,662 Aug -14 96 48 48 $67,983,744 Sep-14 100 34 66 $157,977,831 Oct -14 147 57 90 $168,297,186 Nov -14 85 38 47 $81,932,556 Dec -14 106 59 47 $115,148,049 THRU SEP 14 751 354 398 $678,924,562 Average 42 42 49 $87,025,196 Low 65 30 29 $50,612,071 High 147 59 90 $168,297,186 MONTHLY TRANSFER STATISTICS CALENDAR 2015 CAL15 Total Exempt Taxable Total Gross Month Transfers Transfers Transfers Value Jan -15 90 50 40 $77,446,898 Feb -15 67 36 31 $54,657,080 Mar -15 78 42 36 $66,685,997 Apr -15 89 68 21 $25,228,870 May -15 79 39 40 $60,423,403 Jun -15 84 39 45 $73,568,786 Jul -15 100 55 45 $76,650,262 Aug -15 100 57 43 $81,283,162 Sep -15 109 49 60 $100,449,002 Oct -15 Nov -15 Dec -15 Gross Value Taxable $61,129,303 $61,093,626 $45,933,178 $47,284,873 $62,968,987 $94,926,991 $56,509,302 $65,787,643 $155,555,831 $160,177,228 $80,432,556 $106,237,418 $651,189,734 $83,169,745 $45,933,178 $160,177,228 Gross Value Taxable $69,668,046 $52,845,679 $62,665,997 $21,234,800 $58,811,717 $71,722,100 $75,052,762 $78,833,162 $95.949.002 Revenue Received $1,222,586 $1,227,863 $925,424 $945,697 $1,259,380 $1,922,540 $1,130,186 $1,331,753 $3,111,116 $3,203,545 $1,608,651 $2.132.248 $13,076,545 $1,668,416 $925,424 $3,203,545 Revenue Received $1,393,861 $1,056,914 $1,253,320 $424,696 $1,176,234 $1,434,442 $1,512,844 $1,577,651 $1,925,880 THRU SEP 15 796 435 361 $616,393,461 Average 88 48 40 $68,488,162 $586,783,265 $65,198,141 $11,755,842 $1,306,205 Low 67 36 21 $25,228,870 $21,234,800 $424,696 Hiah 109 68 60 $100,449,002 $95,949,002 $1,925,880 MONTHLY (UNAUDITED) DOCUMENTS AND EXHIBITS Nantucket Land Bank Commission Regular Meeting of October 13, 2015 1. FYI Audited Financial Statements 2. FYI Auditors —Required Communications 3. Nantucket Land Council — Letter of Donations 4. Munson House — Pictures and Sketches of additions 5. Monthly Transfer Report — September 2015 6. "M" Exemption Liens (see transfer business for record nos.) 7. Unsubordinated Lien (see transfer business for record no.) 8. Transfer Statistics and Graphs — September 2015 9. Check Warrant Summary dated October 13, 2015 10. 222 Polpis Road/Conservation Restriction — Estoppel Certificate TRANSFER BUSINESS Nantucket Land Bank Commission Regular Meeting of October 13, 2015 1. September 2015 Transfers — Record Nos. 36631 through 36740: a. Current "M" Exemptions and Liens: No. 36634 Cassandra Thompson and Natalie Thompson No. 36645 Juan A. Tejada, Juan A. Pena and Maria Magdalena Alarcon Tejada, Samuel A. Paz No. 36670 Carlos A. Nolasco and Claribel Del Carmen Ramirez No. 36678 August Libby and Jason Libby No. 36694 Christopher R. Lydon and Marleah Lydon b. Transfer Update: Ineligible for "M" Exemption Previously Claimed No. 35161 John E. Mynttinen and Suzanne M. Mynttinen — Unsubordinated Lien AGENDA Nantucket Land Bank Commission Regular Meeting of October 13, 2015 Land Bank Conference Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER: 4:00 P.M. A. CONVENE IN OPEN SESSION: 1. FINANCIAL BUSINESS: a. Auditors Presentation —FYI 5 Audited Financial Statements b. Auditors Presentation — Golf Financial Discussion 2. CITIZEN BUSINESS /ANNOUNCEMENTS B. EXECUTIVE SESSION: The Executive Session is for Purpose 6 [G.L. c. 30A, 21(a)(6)J. The particular transactions and parcels of real estate are not identified since disclosure of the property information may have a detrimental impact on the Land Bank's negotiating position with one or more third parties. 1. Review and Approval of Executive Session Minutes of September 22, 2015 2. Real Estate Acquisition C. RECONVENE IN OPEN SESSION: 1. APPROVAL OF MINUTES: a. Regular Meeting of September 22, 2015 b. Special Meeting of September 28, 2015 c. Special Meeting of October 1, 2015 d. Special Meeting of October 8, 2015 2. GOLF BUSINESS a. Capital Improvements Fund - Policy Discussion 3. PROPERTY MANAGEMENT a. Property Management Supervisor's Monthly Report b. Munson House /Massasoit Bridge Road — Addition Discussion c. Accessibility Improvements — Discussion d. Community Garden/166 Hummock Pond Road — License Request e. Sustainable Nantucket /168 Hummock Pond Road — License Agreement Amendment Proposal f. Blair /15 North Liberty Street - Drainage Reimbursement Request 4. TRANSFER BUSINESS a. Current "M" Exemptions and Liens b. Transfer No. 35161 — Unsubordinated Lien 5. FINANCIAL BUSINESS a. Monthly Transfer Statistics b. Warrant Authorization — Cash Disbursements 6. REGULAR BUSINESS a. 222 Polpis Road/Conservation Restriction - Execution of Estoppel Certificate b. House Move Incentive Program - Proposal c. Town Smooth Hummocks Parcels - Appointment of Staff Signatory ADJOURNMENT