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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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N L z F ti E ti ti 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