MCBA REAL ESTATE SECTION COUNCIL MEETING

October 13, 2015

LOCATION: Monroe County Bar Association – 10th Floor

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IN ATTENDANCE:

Members:Kirsten Lamb, Esq. (Chair), Eric Haselbauer, Esq. (Vice Chair), HeathMiller,Esq. (Secretary), Craig Beideman, Esq., Maureen Garvey, Esq., JohnMancuso, Esq., Lucien Morin II, Esq., Stephen Pheterson, Esq., Cassandra Rich, Esq., George Schell, Jr., Esq., Donald Snyder, Esq., TomSolomon, Esq., Anthony Adiutori

Ex Officio:(title company reps): Josephine Carra, Chicago Title Insurance Company

Absent:Joseph Interlichia, Esq.

GUESTS: Anthony Adiutori, Esq., Louise Spinelli, Roy B. Garfinkel, GVLSA

The meeting was called to order by Chairperson Kirsten Lamb, Esq. at 12:17 p.m.

  1. Old Business
  2. Approval of Minutes – September 2015 meeting minutes circulated for approval. Motion by Eric Haselbauer, Esq. to approval minutes. 2nd by Stephen Pheterson, Esq. Motion passes – none opposed, George Schell, Jr., Esq. and Craig Beideman, Esq. abstained (JohnMancuso, Esq. was not present at this time).
  3. Current Business
  4. Chair’s Report (Kirsten Lamb, Esq.)

Roy B. Garfinkel, member of GVLSA, made a brief presentation regarding the revised survey standards adopted by GVLSA. He stated that if the property corners are set with iron pins at the corners, you will get a true instrument survey map, meaning someone has actually performed the survey in the field. Josephine Carra asked a couple of questions regarding how a survey map shows actual versus occupied land and the problem of only have a boundary line description when, for example, five parcels are combined into one parcel. Donald Snyder, Esq. stated that a survey map that doesn’t reference the redated abstract of title isn’t worth much and also that the practice was to mark corners of properties in outlying counties. Maureen Garvey, Esq. stated that the MCBA contract still references the old standards. Anthony Audiutori, Esq. suggested that we form a Survey Subcommittee to review the new survey standards, with the goal of eventually adopting the new standards and putting them in the MCBA contract. Maureen Garvey, Esq. stated she would work on the Survey Subcommittee to first review the newly adopted GVLSA standards and then work on the Boundary Line Agreements.

Motion was made to send the GVLSA survey standards to the Survey Subcommittee for review and recommendation. TomSolomon, Esq.made the motion, George Schell, Jr., Esq.seconded the motion. Motion passes – none opposed, no abstentions.

Kevin Hoyt, Esq. had made a request to release the Pre-Closing and Post-Closing Occupancy Agreements in Word format; no one was in favor of doing this because it would be too easy to alter the Agreements which are MCBA approved.

  1. Vice Chair’s Report (Eric Haselbauer, Esq.)

Eric Haselbauer, Esq stated he would be attending an upcoming CLE lunch.

TomSolomon, Esq. stated he would be interested in chairing a CLE on developmental approvals.

Louise Spinelli stated that the January CLE needed to be finalized in the next week or so (speakers, date and time) and that materials are needed two weeks before; she said Tuesdays, Wednesdays and Thursdays are usually the best days of the week.

The Holiday Luncheon will include a 1-hour CLE. Possible dates as December 8, December 9 or December 13. Possible topics: commercial leasing, “odds and ends” (contract changes, title requirements); possession agreements, RP forms, title agent licensing through NYS DFS.

It was decided to hold the Holiday Luncheon on December 8, 2015 from 12:15 to 1:30 p.m.

  1. Secretary’s Report – Heath Miller, Esq. stated he would contact David Case, Esq. of Fein, Such & Crane, LLP to query whether he would be a presenter at the Foreclosure CLE in January, 2016. Craig Beideman, Esq. said he would also ask David, since he works in the same office.
  2. MCBA Report – Louise Spinelli stated that the Bench & Bar Holiday Party is December 3, 2015. Kirsten Lamb, Esq. queried about the timeframe for making the documents on the MCBA website password-protected.
  3. Committee Reports
  4. Realtor/Bar (Anthony Adiutori, Esq.)
  5. Good of the Order – None.
  1. New Business–None.
  2. Adjourned- The meeting adjourned at 1:16 p.m. by motion of Tom Solomon, Esq. and seconded by John Mancuso, Esq. Motion unanimously approved.

The next meeting will be held on November 10, 2015 at MCBA at 12:15 p.m.