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