HomeMy WebLinkAbout2015-10-13MINUTES
Nantucket Land Bank Commission
Regular Meeting of October 13, 2015 =
Land Bank Meeting Room, 22 Broad Street
Nantucket, Massachusetts
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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
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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
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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
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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