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HomeMy WebLinkAbout2016-11-8N ANT UCKE AGENDA TOWN C 1_ E Nantucket Land Bank Commission 2016 OEC 16 PM 1: 09 Regular Meeting of November 8, 2016 Land Bank Conference Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER: 4:00 P.M. A. CONVENE IN OPEN SESSION 1. 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. Approval of Executive Session Minutes of October 25, 2016 and October 28, 2016 2. Real Estate Acquisition. C. RECONVENE IN OPEN SESSION 1. GOLF BUSINESS a. Controller — Hiring Update 2. PROPERTY MANAGEMENT a. Property Foreman — Monthly Update b. Settlers Landing /27 & 29 N. Cambridge Street — Accessibility Planning c. Wolfe /66 Washington Street — Storm Drain Repair d. 22 Broad Street — Renovation Update e. Trailheads — Discussion 3. APPROVAL OF MINUTES a. Regular Meeting of October 25, 2016 4. TRANSFER BUSINESS a. Current "M" Exemptions and Liens b. Ineligible Claim of "M" Exemption/Notice of Assessment/Unsubordinated Lien No. 35227 Michael F. Simonich 5. FINANCIAL BUSINESS a. Monthly Transfer Statistics b. Warrant Authorization — Cash Disbursements c. Warrant Authorization — 2007A Semi - Annual Bond Payment d. Warrant Authorization — Note No. 34 (Arno) e. Bond Refunding - Update ADJOURNMENT MINUTES Nantucket Land Bank Commission Regular Meeting of November S, 2016 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER: 4:00 p.m. PRESENT: Robert Gardner, Richard Glidden, Neil Paterson, Allen Reinhard ABSENT: John Stackpole. STAFF PRESENT: Eric Savetsky, Executive Director; Jesse Bell, Assistant Director; Susan Campese, Administrator /Finance Manager; Marian Wilson, Assistant Administrator. Also present at call to order, Lindsay Pykosz, Reporter from The Inquirer and Mirror. I. CONVENE IN OPEN SESSION: A. CITIZENS BUSINESS /ANNOUNCEMENTS: 1. Correspondence: Mr. Savetsky stated that he received a thank you note from Gregg Tivnan, Assistant Town Manager, for providing him with housing during the summer months at the Gardner House at 159 Hummock Pond Road. 2. Open Meeting Law /Conflict of Interest Law /Public Records Training: Ms. Bell announced Town Counsel was offering training sessions on Monday, November 21, 2016 and Tuesday, November 22, 2016, with the recommendation that at least one member of each Commission attend, as well as staff. Ms. Bell, Ms. Campese and Ms. Wilson indicated they would be attending, and Chairman Reinhard indicated he would be there for other boards as well, and was happy to relay any pertinent information to the rest of the Commission. Ms. Pykosz departed the room at 4:03 p. m. Il. EXECUTIVE SESSION: Upon a motion made by Commissioner Paterson and duly seconded by Commissioner Glidden, 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, 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 Ms. Pykosz, and Jeffrey Pollock, Property Foreman entered the meeting at 4:45 p. m. Land Bank Commission November 8, 2016 A. GOLF BUSINESS: Page 2 1. Miacomet Golf Course ( "MGC ") Controller — Hiring Update: Mr. Savetsky announced that a nationwide search was conducted by Club Consulting Group ( "CCG ") and 12 qualified applicants had applied for the Controller position. CCG performed the first round of interviews and made recommendations as to their top three candidates. Since then, Mr. Savetsky had interviewed and selected Walter Lankau for the position. Mr. Lankau will begin on December 1, 2016, working a four day work week at MGC. Mr. Lankau will rent the Gardner House (159 Hummock Pond Road) from the Land Bank. 2. Siasconset Golf Course — Six Month Financial Review: The Commission reviewed the financial statements for the six month period ended on June 30, 2016 as prepared by Burke & Lamb, P.C. 3. Miacomet Golf Course — Six Month Financial Review: The Commission reviewed the financial statements for the six month period ended on June 30, 2016 as prepared by Burke & Lamb, P.C. B. PROPERTY MANAGEMENT: 1. Encroachment — Eilert/169R Polpis Road: Mr. Savetsky informed the Commission of an abutter encroachment issue on Land Bank property located at 169R Polpis Road. He presented 2014 aerial photographs compared with 2016 which showed significant clearing of vegetation beyond the common property line to create an enlarged yard and improve views of the marsh from the house. Additionally, some of this clearing occurred within the wetland buffer zone and had been done fairly recently, as the debris was left on the Land Bank property. The Conservation Commission was aware of the situation and was planning on sending an enforcement order to the Land Bank for the unpermitted work. Mr. Savetsky recommended that the Commission take a strong position by requiring the property owners to pay for the remediation work required to restore Land Bank property to its previous state, as well as any permitting which may be required with the Conservation Commission. The consensus of the Commission was to move forward with all Mr. Savetsky's recommendations. 2. Wolfe Property /66 Washington Street — Storm Drain Repair: Mr. Pollock informed the Commission that a sinkhole had been discovered on the property during the summer, speculating that it had likely been caused by a broken storm drain pipe which may have been fractured when the Land Bank removed the house from the property several years ago. Accordingly, a Notice of Intent had been filed with the Conservation Commission to repair the storm drain as well as install more natural vegetation near the bulkhead to further prevent wash out from storms. 3. Settler's Landing /27 & 29 N. Cambridge Street — Accessibility planning: Mr. Pollock proposed making the property accessible to those with disabilities. He proposed making an accessible parking space and widening the boardwalk to accommodate wheelchairs. Upon a motion by made by Commissioner Paterson and duly seconded by Commissioner Glidden, it was unanimously VOTED to accept Mr. Pollock's proposed idea to alter the property as presented. Land Bank Commission November 8, 2016 Page 3 4. Property Foreman — Monthly Update: Mr. Pollock reported that the McAlinden house at 48 South Cambridge Street had been removed however it was not the ideal time of year to plant grass. Further, the parking lots at Nicolacci, Shawkemo Hills, and Rodts properties had been renovated and were much improved. Additionally, Phragmites were treated at the Bachman pond and the dock permitting was almost complete; Ms. Freeman was working with consultants on a plan to treat the Phragmites at Gaillard and Consue Springs, as the clip and drip method was not working. Mr. Pollock said planning was underway for the second floor of the Land Bank office to be renovated to better accommodate office needs and allow for additional meeting space, with Mr. DeCarlo overseeing that project. It was further reported that the access road to the replication pond at 333 Polpis Road had been reopened. Finally, he announced that the prescribed fire season had begun and the crew was hoping to burn approximately 30 acres at Smooth Hummocks (to the west of the radio tower) on Thursday, aiming to burn a total of 90 acres in Smooth Hummocks and 50 acres at Head of Plains this fall. 5. Trailheads — Discussion: Chairman Reinhard asked Mr. Pollock to assess areas where the Land Bank and Nantucket Conservation Foundation trails come together to determine a better marking system that clearly identifies the trailhead. This was especially needed at the Stump Pond property as well as Gardner, Holdgate and Shawkemo Hills properties. Mr. Pollock departed the room at 5:19 p.m. C. APPROVAL OF MINUTES: Upon a motion by made by Commissioner Glidden and duly seconded by Commissioner Paterson it was unanimously VOTED to accept, approve and release the regular meeting of October 25, 2016 as written. D. TRANSFER BUSINESS: 1. October 2016 Transfers — Record Nos. 37818 through 37912: 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. 37856 Yordan V. Penov and Milena P. Penova No. 37881 Rudy E. Valencia No. 37885 Douglas C. Sheare and Angela R. Sheare No. 37887 Greyson M. Keller and Christine M. Perkins No. 37909 Jonathan Janov and Silvia Manzoni b. Ineligible Claim of "M" Exemption/Notice of Assessment/Unsubordinated Lien — No. 35227 Michael F. Simonich: Ms. Campese explained that initially, when completing a routine two year "M" exemption check, Ms. Wilson tried unsuccessfully to contact the owner of the property to confirm whether it was being used as a rental property. Upon further review, a Massachusetts registry search yielded five deeds in the name of Michael F. Simonich for properties which were Land Bank Commission Page 4 November 8, 2016 purchased before his Nantucket property, with staff having matched his signature on mortgage documents with the signature on Land Bank Form M. Since previous ownership of property rendered Mr. Simonich ineligible to claim the "M" exemption, Ms. Campese recommended that the Commission vote a Notice of Assessment for the fee, accrued interest, penalty and the fraud penalty for intentionally evading the Land Bank fee at the time of the transfer by knowingly making a false claim of the "M" exemption. Upon a motion made by Commissioner Paterson and duly seconded by Commissioner Glidden, it was unanimously VOTED to issue a Notice of Assessment for the outstanding Land Bank fee plus penalty, fraud penalty and accrued interest since the date of the transfer. In the event Mr. Simonich does not request a hearing within the 30 days of the Notice of Assessment, the Commission executed an unsubordinated lien on the property to be recorded on December 9, 2016. E. FINANCIAL BUSINESS: Monthly Transfer Statistics: Monthly transfer statistics reports comparing calendar years 2015and 2016 through October 2016 were presented. 2. Warrant Authorization — Cash Disbursements: Upon a motion made by Commissioner Paterson, and duly seconded by Commissioner Glidden it was unanimously VOTED to execute the November 8, 2016 warrant document in the amount of $129,452.01 to be provided to the county treasurer. 3. Warrant Authorization — 2007A Semi - Annual Bond Payment: Upon a motion made by Commissioner Glidden and duly seconded by Commissioner Gardner, it was unanimously VOTED to approve payment and authorize staff to wire the Series A semi - annual bond payment of interest and principal in the total amount of $894,409.39 from the Land Bank's Collection Account to the Bond Trustee at U.S. Bank, 4. Warrant Authorization — Note No. 34 Arno: Upon a motion made by Commissioner Gardner and duly seconded by Commissioner Paterson, it was unanimously VOTED to authorize the transfer of funds for payment of the principal due on Land Bank Note No. 34 held by Joseph V. Arno and Kenneth A. Gullicksen, Trustees of the Joseph V. Arno Nominee Trust in the total amount of $2,800,000.00. 5. Bond Refunding Ypdate: Ms. Campese explained that the refunding of the 2007 Series A bond would result in an estimated savings of $1,000,000.00, with the sale of the refunded bond scheduled for November 1%, 2016. ADJOURNMENT: Upon a/ motion made by Commissioner Glidden and duly seconded by Commissioner Gardner, it w s VOTED to adjourn at 5:33 p.m. Attested to: Land Bank Commission November 8, 2016 Richard J. Glidden, Secretary Accepted, Approved, and Released by the VOTE of the Commission this 22nd day of November, 2016. Page 5 MONTHLY TRANSFER STATISTICS CALENDAR 2015 CAL15 Total Exempt Taxable Total Gross Month Transfers Transfers Transfers Value 105 51 57 $151,973,352 $148,099,352 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 -15 138 54 84 $147,434,422 Nov -15 71 32 39 $75,870,039 Dec -15 108 55 53 $72,494,950 THRU OCT 15 Average 934 93 489 48 445 45 $763,827,883 $76,016,073 Low 67 32 21 $25,228,870 High 138 68 84 $147,434,422 MONTHLY TRANSFER STATISTICS CALENDAR 2016 CAL16 Total Exempt Taxable Total Gross Month Transfers Transfers Transfers Value Jan -16 93 41 52 $98,369,206 Feb -16 59 32 27 $30,033,729 Mar -16 100 49 51 $78,894,324 Apr -16 68 34 34 $68,631,755 May-1 6 85 50 35 $69,498,627 Jun -16 103 51 52 $92,768,837 Jul -16 56 35 21 $46,842,402 Aug -16 83 48 35 $79,447,023 Sep -16 105 48 57 $151,973,352 Oct -16 94 39 55 $111,176,086 Nov -16 Dec -16 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 $139,134,422 $68,777,539 $70,983,975 $725,917,687 $72,139,933 $21,234,800 $139,134,422 Gross Value Taxable $92,706,025 $27,523,729 $76,444,325 $63,457,378 $62,815,751 $89,962,837 $45,392,587 $75,538,100 $148,099,352 $107,025,586 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 $2,782,688 $1,375,551 $1,428,346 $14,538,530 $1,445,202 $424,696 $2,782,688 Revenue Received $1,862,120 $550,475 $1,537,553 $1,269,148 $1,256,315 $1,799,923 $907,852 $1,511,230 $2,962,654 $2,148,512 THRU OCT 16 846 427 419 $827,635,340 Average 85 43 42 $82,763,534 $788,965,669 $78,896,567 $15,805,782 $1,580,578 Low 56 32 21 $30,033,729 $27,523,729 $550,475 High 105 51 57 $151,973,352 $148,099,352 $2,962,654 MONTHLY (UNAUDITED) DOCUMENTS AND EXHIBITS Nantucket Land Bank Commission Regular Meeting of November 8, 2016 1. MGC Controller — Resume 2. MGC Six Month Financial Statement by Burke & Lamb 3. SGC Six Month Financial Statements by Burke & Lamb 4. Eilert/169R Polpis Road — Encroachment photos 5. Wolfe /66 Washington St — Aerials 6. Settlers Landing/27 & 29 N. Cambridge St. — Aerials 7. Monthly Transfer Report — October 2016 8. "M" Exemption Notice of Liens (see transfer business for record nos.) 9. Transfer Statistics and Graph — October 2016 10. Check Warrant Summary for Cash Disbursement dated November 8, 2016 11. Check Warrant Summary for 2007A Semi - Annual Bond Payment 12. Check Warrant Summary for Note No. 34 (Arno) Second Payment TRANSFER BUSINESS Nantucket Land Bank Commission Regular Meeting of November 8, 2016 1. October 2016 Transfers — Record Nos. 37818 through 37912 a. Current "M" Exemptions and Liens: No. 37856 Yordan V. Penov and Milena P. Penova No. 37881 Rudy E. Valencia No. 37885 Douglas C. Sheare and Angela R. Sheare No. 37887 Greyson M. Keller and Christine M. Perkins No. 37909 Jonathan Janov and Silvia Manzoni b. Ineligible Claim of "M" Exemption/Notice of Assessment/Unsubordinated Lien No. 35227 Michael F. Simonich