HomeMy WebLinkAbout2016-12-13NANTUCKET
AGENDA T O VI N C L E R
Nantucket Land Bank Commission
Regular Meeting of December 13, 2016 2017 JAN 13 QM 10: 55
Land Bank Conference Room, 22 Broad Street
Nantucket, Massachusetts
CALL TO ORDER: 4:00 P.M.
A. CONVENE IN OPEN SESSION
1. PUBLIC COMMENT / STAFF 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 November 8, 2016 and November 22, 2016
2. Real Estate Acquisition
C. RECONVENE IN OPEN SESSION
1. PROPERTY MANAGEMENT
a. 168 Hummock Pond Road/Sustainable Nantucket — Request for Outdoor Kitchen
Demonstration Area
b. 47C Appleton Road/Papale — Right of First Refusal Waiver Request
c. 27 Easy Street - Park Design Concept Presentation
2. APPROVAL OF MINUTES
a. Regular Meeting of November 8, 2016, Special Meeting of November 22, 2016
and Regular Meeting of November 22, 2016
3. TRANSFER BUSINESS
a. Current "M" Exemptions and Liens
b. M" Exemption Update — Release of Liens
4. FINANCIAL BUSINESS
a. Monthly Transfer Statistics
b. Monthly Financial Report
c. Warrant Authorization — Cash Disbursements
d. Warrant Authorization — 2009A Semi - Annual Bond Payment
5. REGULAR BUSINESS
a. Annual "M" Exemption Amount — Adoption
b. 2017 Meeting Schedule
ADJOURNMENT
MINUTES
Nantucket Land Bank Commission
Regular Meeting of December 13, 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, John Stackpole.
STAFF PRESENT: Eric Savetsky, Executive Director; Jesse Bell, Assistant Director; Marian
Wilson, Assistant Administrator.
Peter Sutters, Inquirer and Mirror Reporter; and Walter Lankau, Land Bank Miacomet Golf Course
Controller were also present at call to order.
I. CONVENE IN OPEN SESSION:
A. CITIZENS BUSINESS /ANNOUNCEMENTS: The Land Bank Holiday Office Party has
been scheduled for Tuesday, December 20, 2016 at 4:00 p.m. at 43 Centre Street.
Walter Lankau the new Golf Controller introduced himself to the Commission and offered to
answer any questions as they arise regarding accounting matters at the Miacomet Golf Course.
Mr. Lankau departed the meeting at 4:02 p.m.
Susan Campese, Administrator /Finance Manager entered the meeting at 4: 08 p. m.
II. EXECUTIVE SESSION: Upon a motion made by Commissioner Stackpole 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, 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.
Mr. Sutters departed the meeting at 4:10 p. m.
III. RECONVENE IN OPEN SESSION
Mr. Sutters reentered the meeting at S: 00 p.m. along with Michelle Whelan, Executive Director of
Sustainable Nantucket; Yeshe Palmo, Farmers & Artisans Market Manager and Community
Agriculture Manager; and John Kuszpa, Community Farm Institute Site Manager & Educator.
Land Bank Commission
December 13, 2016
B. PROPERTY MANAGEMENT:
Page 2
1. 168 Hummock Pond Road/ Sustainable Nantucket ( "SN ") — Request for Outdoor
Kitchen Demonstration Area: Michelle Whelan, Executive Director of Sustainable Nantucket,
updated the Commission on the 2016 activities and accomplishments of the Community Farm
Institute on land licensed from the Land Bank. SN is expanding the production of local food
through its land use partnership initiative and agricultural apprenticeships in addition to providing
classes, workshops and resources for grower education. They installed solar panels on the
greenhouses presented plans to provide a beekeeping area, in addition to requesting permission to
construct additional infrastructure to shade the production area and also provide an outdoor kitchen
which would be used for educational purposes only. Ms. Whelan informed the Commission that the
Community Preservation Committee had approved their grant request to help fund the infrastructure
improvements in the amount of $84,500. Additionally, they have plans to add a food forest,
pollinator garden and a mobile farm cart. After some discussion, upon a motion made by
Commissioner Stackpole and duly seconded by Commissioner Paterson, it was unanimously
VOTED to approve the infrastructure improvements in concept, authorizing SN to move forward
with design development, subject to final approval of a fully detailed design plan by the
Commission once it is ready.
Ms. Whelan, Ms. Palmo and Mr. Kuszpa departed the meeting at 5:19 pm
2. 47C Appleton Road /Papale — Right of First Refusal Waiver Request: Mr. Savetsky
reviewed the three condominium parcels located at 47 Appleton Road. Previously, the Land Bank
waived its right on two parcels and now the owner has an offer for the third parcel which is subject
to the restriction that it be only be used for commercial landscaping purposes and prohibiting
residential use. After some discussion, upon a motion made by Commissioner Stackpole and duly
seconded by Commissioner Gardner, it was unanimously VOTED to waive the right of first refusal.
Commissioner Glidden abstained from the vote.
3. 27 Easy Street — Park Design Concept Presentation: Mr. Savetsky advised the
Commissioners that the design plan for the Easy Street Park was close to being ready to be submit
to the Historic District Commission and Conservation Commission, followed by Chapter 91
permitting at the Massachusetts Department of Environmental Protection. The revised plan included
native plantings and additional benches for the public's use and enjoyment.
C. 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 meetings of November 8, 2016 and November 22, 2016 in addition to the special
meeting of November 22, 2106, as written.
D. TRANSFER BUSINESS:
1. November 2016 Transfers — Record Nos. 37913 through 38014:
Land Bank Commission
December 13, 2016
Page 3
a. Current "M" Exemptions and Liens: The Commission authorized the
placing of liens against each of the following properties as a result of the purchasers claiming the
"M" exemption as first -time buyers of real property:
No. 37931 Ismael Rios Rojas
No. 37936 Dainoras Raudonius and Ovidija Klimonyte
No. 37958 Roberto J. Santamaria and Teresa E. Schrader
No. 37971 Megan Anderson
No. 37996 Three Musketeers Nominee Trust
No. 38014 Joao Paulo S. Kunzler
2. "M" Exemption Update:
a. Five -Year Domicile and Ownership Compliance — Release of Liens: Upon
a motion made by Commissioner Gardner and duly seconded by Commissioner Paterson, it was
unanimously VOTED to execute and authorize the issuance of a Release of Lien for each of the
following transfers as a result of the purchaser fulfilling all of the requirements of Section 12,
subsection ( -m -):
No. 18725 Patrick Gillaspie
No. 32245 Piya Phatthanaphuti and Thitima Sasomsin
No. 32268 Stacey J. Edzwald
No. 32271 James R. Browers and Meghan M. Browers
No. 32285 Marie- Claire Rochat
3. Transfer Update:
c. Two -Year Ownership Non- Compliance/Notice of Assessment — No. 35227
Michael F. Simonich: Ms. Campese reminded the Commission that they voted a Notice of
Assessment on November 8, 2016 for the fee, penalty, accrued interest and fraud penalty. After
receiving the assessment, Mr. Simonich missed the deadline to request a formal hearing but sent an
email to Ms. Campese saying he never intended to avoid the fee and that he mistakenly relied on the
HUD definition for first -time homeownership rather than the Land Bank's definition under the
terms of the "M" exemption. Further, he viewed the property as his primary residence and requested
that all penalties and interest be waived. Ms. Campese pointed out that Mr. Simonich signed the
"M" affidavit under pains and penalties of perjury where he claimed to have never owned an
interest in real property anywhere, residential or otherwise, despite having previously owned several
properties. Ms. Campese suggested that in the interest expediting resolution of the matter, the
Commission could offer to drop the fraud penalty if payment is received promptly (i.e., within 30
days), however under the circumstances she was not recommending waiver of the accrued interest
or regular penalty. The consensus of the Commission was to let the Notice of Assessment stand as
previously voted and to have staff record an unsubordinated lien on the property immediately.
E. FINANCIAL BUSINESS:
1. Monthly Transfer Statistics: Monthly transfer statistics reports comparing calendar
Land Bank Commission Page 4
December 13, 2016
years 2015 and 2016 through November 2016 were presented.
2. Warrant Authorization — Cash Disbursements: Upon a motion made by
Commissioner Glidden and duly seconded by Commissioner Paterson, it was unanimously VOTED
to execute the December 13, 2016 warrant document in the amount of $216,834.13 to be provided
to the county treasurer.
3. Warrant Authorization — 2009 Series A Bond Semi - Annual Payment: Upon a
motion made by Commissioner Stackpole and duly seconded by Commissioner Glidden, it was
unanimously VOTED to approve payment and authorize staff to wire the 2009 Series A Semi -
Annual Bond Interest Payment in the amount of $68,956.25 from the Land Bank's Collection
Account to the Bond Trustee at U.S. Bank.
F. REGULAR BUSINESS:
1. Annual "M" Exemption Amount Adoption: Ms. Campese presented statistics for
2014, 2015 and 2016 year to date "M" exemption transfers. Based upon an analysis of those
statistics and knowledge of current sale prices for residential real property in the Town and County
of Nantucket, upon a motion made by Commissioner Glidden and duly seconded by Commissioner
Gardner, it was unanimously VOTED that the value of the "M" exemption remain at $500,000 for
the calendar year 2017.
2. 2017 Meeting Schedule: Upon a motion made by Commissioner Stackpole and
duly seconded by Commissioner Paterson, it was unanimously VOTED to accept and confirm the
regularly scheduled Land Bank meeting dates for 2017.
f
ADJOURNMENT: Upon a �tion made by Commissioner Glidden and duly seconded by
Commissioner Stackpole, it wds VOTED to adjourn at 5:57 p.m.
Attested to:
Richard J. Glidden, Secretary
Accepted, Approved, and Released by the VOTE
of the gommission this 11th day of January, 2017.
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MONTHLY TRANSFER STATISTICS CALENDAR 2015
CAL15
Total
Exempt
Taxable
Total Gross
Month
Transfers
Transfers
Transfers
Value
High
105
51
57
$151,973,352
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 NOV 15
Average
1005
93
521
48
484
45
$839,697,922
$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 -16
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
101
50
51
$96,829,251
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'
$794,695,226
$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
$94,119,251
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
$15,914,081
$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
$1,892,585
THRU NOV 16 947 477 470
Average 86 43 43
$924,464,592
$84,042,236
$883,084,920
$80,280,447
$17,698,367
$1,608,942
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 December 13, 2016
1. Sustainable Nantucket Infrastructure Improvement Plan
2. 47C Appleton Road plan
3. 27 Easy Street Park Improved Design Site Plan
4. Monthly Transfer Report — November 2016
5. "M" Exemption Notice of Liens (see transfer business for record nos.)
6. "M" Exemption Release of Liens (see transfer business for record nos.)
7. Transfer Statistics and Graph November 2016
8. Check Warrant Summary for Cash Disbursement dated December 13, 2016
9. Check Warrant Summary for 2009A Semi - Annual Bond Payment
10. Land Bank Financial Statement — November 2016
11. M Exemption Statistics 2014 -2016
12. Regular Meeting Schedule for 2017
TRANSFER BUSINESS
Nantucket Land Bank Commission
Regular Meeting of December 13, 2016
1. November 2016 Transfers — Record Nos. 37913 through 38014
a. Current "M" Exemptions and Liens:
No. 37931 Ismael Rios Rojas
No. 37936 Dainoras Raudonius and Ovidija Klimonyte
No. 37958 Roberto J. Santamaria and Teresa E. Schrader
No. 37971 Megan Anderson
No. 37996 Three Musketeers Nominee Trust
No. 38014 Joao Paulo S. Kunzler
2. M" Exemption Update:
a. Five -Year Domicile and Ownership Compliance — Release of Lien:
No. 18725 Patrick Gillaspie
No. 32245 Piya Phatthanaphuti and Thitima Sasomsin
No. 32268 Stacey J. Edzwald
No. 32271 James R. Browers and Meghan M. Browers
No. 32285 Marie - Claire Rochat
a. Ineligible Claim of "M" Exemption/Request for Waiver
No. 35227 Michael F. Simonich