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HomeMy WebLinkAbout2017-03-14AGENDA Nantucket Land Bank Commission Regular Meeting of March 14, 2017 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 NANTUCKET TOWN CLERK 2017 MAR 29 AM 11: 55 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 February 14, 2017 2. Real Estate Acquisition C. RECONVENE IN OPEN SESSION 1. PROPERTY MANAGEMENT a. 168 Hummock Pond Road — Abutters Concerns b. Property Equipment Purchase- Request 2. APPROVAL OF MINUTES a. Regular Meeting of February 14, 2017 3. TRANSFER BUSINESS a. Current "M" Exemptions and Liens b. Hearing Request 4. FINANCIAL BUSINESS a. Monthly Transfer Statistics b. Warrant Authorization — Cash Disbursements c. Warrant Authorization — Excess Bond Closing Cost to Trustee - US Bank 5. REGULAR BUSINESS ADJOURNMENT MINUTES Nantucket Land Bank Commission Regular Meeting of March 14, 2017 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: Jesse Bell, Assistant Director; Susan Campese, Administrator/Finance Manager; Marian Wilson, Assistant Administrator; Rachael Freeman, Environmental Coordinator. Inquirer and Mirror Reporter, Peter Sutters and Citizen, Virginia Andrews, were also present at call to order. A. CONVENE IN OPEN SESSION: 1. CITIZEN BUSINESS /ANNOUNCEMENTS: a. Donation Acceptance: Commissioner Paterson announced that the Land Bank had received an anonymous, unrestricted donation of $100,000 through the Ruth Stanton Foundation. Upon a motion made by Commissioner Glidden and duly seconded by Commissioner Gardner, it was unanimously VOTED to accept the donation on behalf of the Nantucket Land Bank and to have Ms. Bell to send a letter of thanks to the Foundation. Mr. Sutters, Ms. Andrews and Ms. Freeman departed the meeting at 4:02 p.m. B. 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. A roll call vote was taken: Reinhard -Aye, Glidden -Aye, Gardner -Aye, Paterson -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. C. RECONVENE IN OPEN SESSION: Ms. Freeman, Mr. Sutters, Ms. Andrews and Jeffrey Pollock, Property Management Foreman entered the meeting at 4:26 p.m. 1. PROPERTY MANAGEMENT: Land Bank Commission Page 2 March 14, 2017 a. 168 Hummock Pond Road — Abutter Concerns: Ms. Freeman reported that she and Mr. Savetsky had met with abutters to the property, Frank Daily and Rachel Powers, who raised environmental as well as view shed concerns related to Sustainable Nantucket's plans to expand their agricultural operations on an additional 6 acres licensed from the Land Bank. Mr. Daily and Ms. Powers also raised their concerns with the Nantucket Land Council, Nantucket Conservation Commission and the Massachusetts Department of Environmental Protection. After much discussion, upon a motion made by Commissioner Gardner and duly seconded by Commissioner Paterson, it was unanimously VOTED to direct staff to inform Ms. Powers that the Land Bank Commission acknowledged her concerns and voted to uphold their expanded license agreement with Sustainable Nantucket. b. 168 Hummock Pond Road — Birdwatchers Concerns: Ms. Andrews, an avid birdwatcher, expressed concerns about Sustainable Nantucket's plans to farm the additional six acres licensed from the Land Bank. She submitted a letter to the Commission and reiterated its major points. Ms. Andrews explained that there were very few wet meadows on Nantucket that were open to the public and they attracted several varieties of birds that were not seen other places. Further, one of the wetlands on the property known as "Pat's Puddle" was internationally renowned to birders. She stated that Sustainable Nantucket's use of the land would deter birds from nesting and /or visiting the property and additionally, fencing and installation of trees would block the view of the birds. Commissioner Reinhard thanked Ms. Andrews for her comments. Ms. Freeman stated that Sustainable Nantucket had no intention of disturbing the wetland areas and had expressed a willingness to work with Ms. Andrews to make plan adjustments within the wetland buffers that may help ameliorate her concerns. Ms. Andrews departed the meeting at 4:54 p. m. c. Property Equipment Purchase - Request: Mr. Pollock presented a request to purchase an Exten -A -Kut II, road edge mowing attachment for the tractor this year. The features and benefits were reviewed and discussed. Upon a motion made by Commissioner Paterson and duly seconded by Commissioner Glidden, it was unanimously VOTED to approve the purchase of an Exten -A -Kut 11 for the state contract purchase amount of $19,532.00. Mr. Pollock departed the meeting at 5: 01 p.m. 2. APPROVAL OF MINUTES: Upon a motion made by Commissioner Paterson and duly seconded by Commissioner Glidden, it was unanimously VOTED to accept, approve and release the regular session minutes of February 14, 2017, as written. 3. TRANSFER BUSINESS: a. February 2017 Transfers — Record Nos. 38227 through 38288: The Commission reviewed transfers for the period of February 1, 2017 through February 28, 2017. b. Current "M" Exemptions and Liens: The Commission authorized the placing of Land Bank Commission March 14, 2017 Page 3 liens against the following properties as a result of the purchasers claiming the "M" exemption as first -time buyers of real property: No. 38251 Irakli Jibladze and Tsvetelina Benova No. 38264 Carl C. Lindvall and Sarah F. Lindvall No. 38277 William Joseph Sherry IV and Sophia K. Orr c. "M" Exemption Update: 1.Five -Year Ownership Non - Compliance — Payment/Release of Lien: No. 33311 Sande Marie Robert: Ms. Campese reported on receiving a request from Ms. Robert's attorney for a payoff amount of the fee, interest and penalty on the above - referenced transfer, as the property was being sold prior to the requirements of the exemption being met. Upon a motion made by Commissioner Reinhard and duly seconded by Commissioner Gardner, it was unanimously VOTED to approve and execute a Release of Lien to be provided to Ms. Robert's representative, as full payment of the fee ($8,000), penalty ($2,000) and accrued interest ($4,828.45) had been received. 2. Five -Year Domicile Non - Compliance — Request for Hearing: No. 35405 Patrick McEvoy: The scheduling of the hearing was tabled until the next meeting to allow Mr. McEvoy more time to confirm his schedule. 4. FINANCIAL BUSINESS: a. Monthly Transfer Statistics: Monthly transfer statistics reports comparing fiscal years 2016 and 2017 through February 2017 were presented to the Commission. -b. Warrant Authorization — Cash Disbursements: Upon a motion made by Commissioner Glidden and duly seconded by Commissioner Gardner, it was unanimously VOTED to execute the March 14, 2017 warrant document in the amount of $130,236.70 to be provided to the county treasurer. c. Warrant Authorization — Excess Bond Closing Cost to Trustee — US Bank: Upon a motion made by Commissioner Paterson and duly seconded by Commissioner Glidden, it was unanimously VOTED to execute the transfer of $2,909.70 of excess closing funds to US Bank Debt Service Fund account to be applied to the next interest payment of the refunding 2016 bond due June 1, 2017. ADJOURNMENT: Upon a motion made and duly seconded, it was VOTED to adjourn at 5:10 p.m. Land Bank Commission March 14, 2017 Attested to: Richard J. Glidden, Secretary Accepted, Approved, and Released by the VOTE of the Commission this 28th day of March, 2017. Chairman Page 4 MONTHLY TRANSFER STATISTICS FISCAL YEAR 2016:. . FY16 Total Exempt Taxable Total Gross Gross Revenue Month Transfers Transfers Transfers Value Value Taxable Received Jul -15 100 55 45 $76,650,262 $75,052,762 $1,512,844 Aug -15 100 57 43 $81,283,162 $78,833,162 $1,577,651 Sep -15 109 49 60 $100,449,002 $95,949,002 $1,925,880 Oct -15 138 54 84 $147,434,422 $139,134,422 $2,782,688 Nov -15 71 32 39 $75,870,039 $68,777,539 $1,375,551 Dec -15 108 55 53 $72,494,950 $70,983,375 $1,428,346 Jan -16 93 41 52 $98,369,206 $92,706,025 $1,862,120 Feb -16 59 32 27 $30,033,729 $27,523,729 $550,475 Mar -16 100 49 51 $78,894,324 $76,444,325 $1,537,553 Apr -16 68 34 34 $68,631,755 $63,457,378 $1,269,148 May-1 6 85 50 35 $69,498,627 $62,815,751 $1,256,315 Jun -16 103 51 52 $92,768,837 $89,962,837 $1,799,923 THRU FEB 16 Average 778 95 375 47 403 48 $682,584,771 $82,698,193 $648,960,016 $78,470,026 $13,015,556 $1,573,208 Low 59 32 27 $30,033,729 $27,523,729 $550,475 High 138 57 84 $147,434,422 $139,134,422 $2,782,688 MONTHLY TRANSFER STATISTICS FISCAL YEAR 2017 FY17 Total Exempt Taxable Total Gross Gross Revenue Month Transfers Transfers Transfers Value Value Taxable Received Jul -16 56 35 21 $46,842,402 $45,392,587 $907,852 Aug-16 83 49 34 $79,447,023 $75,538,100 $1,511,230 Sep -16 105 48 57 $151,973,352 $148,099,352 $2,962,654 Oct -16 94 39 55 $111,176,086 $107,025,586 $2,148,512 Nov -16 101 50 51 $96,829,251 $94,119,251 $1,892,585 Dec -16 119 65 54 $78,318,551 $73,753,551 $1,483,738 Jan -17 91 48 43 $70,995,625 $64,626,277 $1,298,476 Feb -17 61 39 22 $37,927,950 $35,566,000 $711,320 Mar -17 Apr-17 May-17 Jun -17 THRU FEB 17 Average 710 89 373 47 337 42 $673,510,240 $84,188,780 $644,120,703 $80,515,088 $12,916,366 $1,614,546 Low 56 35 21 $37,927,950 $35,566,000 $711,320 High 119 65 57 $151,973,352 $148,099,352 $2,962,654 MONTHLY (UNAUDITED) DOCUMENTS AND EXHIBITS Nantucket Land Bank Commission Regular Meeting of March 14, 2017 1. Mt. Vernon Farm — Aerial of SN Expansion area 2. Mt. Vernon Farm — Letter from Ginger Andrews 3. Exten -A -Kut II — Picture and Quote 4. Monthly Transfer Report — February 2017 5. "M" Exemption Release of Liens (see transfer business for record nos.) 6. Fiscal Year Transfer Statistics and Graphs — February 2017 7. Check Warrant Summary dated March 14, 2017 TRANSFER BUSINESS Nantucket Land Bank Commission Regular Meeting of March 14, 2017 1. February 2017 Transfers — Record Nos. 38227 through 38288 a. Current "M" Exemptions and Liens: No. 38251 Irakli Jibladze and Tsvetelina Benova No. 38264 Carl C. Lindvall and Sarah. F. Lindvall No. 38277 William Joseph Sherry IV and Sophia K. Orr b. "M" Exemption Update: 1. Five -Year Ownership Non - Compliance — Payment /Release of Lien: No. 33311 Sande Marie Robert 2. Five -Year Domicile Non - Compliance — Request for Hearing: No. 35405 Patrick McEvoy