HomeMy WebLinkAbout2007-04-10
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AGENDA
Nantucket Land Bank Commission
Regular Meeting of April 10, 2007
Land Bank Meeting Room, 22 Broad Street
Nantucket, Massachusetts
CALL TO ORDER
Minutes of the regular meeting March 27, 2007
A. CITIZEN BUSINESS/ANNOUNCEMENTS
B. PROPERTY MANAGEMENT
1. Miacomet Golf Course
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C. TRANSFER BUSINESS
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D. FINANCIAL BUSINESS
1. Monthly Transfer Statistics
2. Warrant Authorization - Cash Disbursements
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E. REGULAR BUSINESS
1. Public Notices
F. PROPERTY MANAGEMENT
1. Property Management Update
2. Nobadeer Farm Road - Bikepath Discussion
3. Gardner Property - Shanty Lease
4. Munson Property - Road Improvements
5. Apthorpe Property - Bench Donations
6. Ladies Beach - Use Request
EXECUTIVE SESSION
ADJOURNMENT
MINUTES
Nantucket Land Bank Commission
Meeting of April 10, 2006
Land Bank Meeting Room, 22 Broad Street
Nantucket, Massachusetts
CALL TO ORDER: 4:00 P.M.
PRESENT: Gardner, Johnson, Reinhard, Stackpole. ABSENT: Bartlett.
A. CITIZEN BUSINESS/ANNOUNCEMENTS: None
B. TRANSFER BUSINESS - No. 24514 Feeney: Attorney Foley Vaughan was in attendance as
representative for Kristofer Feeney and Hu Yu a/k/a Daisy Hu Feeney. Attorney Vaughan explained
that the Feeneys purchased their 39B Essex Road property on June 22, 2004, subject to a claim to the
"M" exemption (first time buyers' exemption) and described the circumstances which have forced
the Feeneys to plan to sell their property prior to fulfilling the five-year ownership requirement of
the exemption. Based upon a finding of extraordinary circumstances, upon a motion made and duly
seconded, it was VOTED to waive the fee, penalty and interest which would become due should the
Feeneys sell their property and to release the lien which was placed against the property at the
original time of purchase. The circumstances were extraordinary in that their property is encumbered
by the affordable housing covenant restricting the resale value of the property and further that the
Feeneys will be selling their property at a considerable financial loss.
C. PROPERTY MANAGEMENT:
1. Miacomet Golf Update:
a. Financials Discussion: Mr. Passios provided the March 2007 financial statements
for the Commission's review and asked that questions be directed to him via electronic
correspondence so that he could be prepared to answer questions.
b. Membership Discussion: The Commission received an update which included a
discussion of delinquent, new and converted memberships. It was decided to continue the discussion
of offering new memberships this season until the next regular Land Bank meeting.
c. Facilities Renovations Update: Mr. Passios provided a scheduling summary for
renovation of the administration building through the next two weeks.
d. Course Renovations Update: Mr. Passios provided an update on recent discussions
with NMP Golf Construction and the Commission authorized Mr. Passios to contact Land Bank
counsel, Rod Hoffman, regarding the bid review process.
e. Restaurant Needs Discussion: Mr. Passios informed the Commission of plans to
purchase an ice/water machine, an air exchange system and an upgrade to the point-of-sale system.
Land Bank Commission
April 10, 2007
Page 2
D. TRANSFER BUSINESS (continued):
1. Transfer Record Nos. 27788 through 27877: The Commission reviewed transfers for the
period of March 1, 2007, through March 31, 2007.
a. The Commission authorized placing liens against the following properties as a
result of the purchasers claiming the "M" exemption as first time buyers of real property:
No. 27799 Brian Borgeson, Trustee of Merci Mere Nominee Trust
No. 27835 Jesus A. Partida and Jorene H. Partida
No. 27842 Gretchen S. Buchmann and Aaron J. Hull
b. Transfer Review - Supplemental Discussion - No. 27799 Brian Borgeson, Trustee
of Merci Mere Nominee Trust: The Commission asked staff to seek additional information regarding
the underlying owners' interests of the trust, the purchasers' financial obligation under the mortgage
and to ask the parties to provide a recordable affidavit attesting to the facts of the transaction.
2. "M" Exemption Update:
a. Adjustment Pending - Release of Lien - No. 23251 Jason A. Olbres and Nichole L.
Marks: The Commission executed a Release of Lien to be provided to the purchasers subject to
receipt of the outstanding fee, penalty and accrued interest.
3. Transfer Update:
a. Transfer Review - Adjustments Paid: The Commission received an update of the
following purchasers who have provided payment of the outstanding fee, penalty and/or interest.
No. 27820 Bruce H. Poor
No. 27822 Carol A. Surface
No. 27871 Matthew E. McManus and Jennifer McManus
b. Release of Lien - No. 96973 Matthew E. McManus and Jennifer McManus: The
Commission executed and authorized the issuance of a Release of Lien to be provided to the
purchasers based upon receipt of the outstanding fee.
E. FINANCIAL BUSINESS:
1. Monthly Transfer Statistics: The March 2007 transfer statistics were presented to the
Commission.
2. Warrant Authorization - Cash Disbursements: Upon a motion made and duly seconded, it
was VOTED to approve and execute the April 10, 2007, warrant document in the amount of
$129,509.52 to be provided to the county treasurer.
F. REGULAR BUSINESS:
1. Public Notice Review: The Director presented public notices received since the last
meeting. No action was taken.
Land Bank Commission
April 10, 2007
Page ~3
G. PROPERTY MANAGEMENT:
1. Maxcy's Pond - Old Settler's Burial Ground Access Discussion: Mr. Reinhard provided an
update on recent efforts to establish physical access to the Old Settler's burial ground and asked for
input from the Commission. Upon a motion made and duly seconded, it was VOTED to schedule a
meeting at Land Bank property off Cliff Road for Wednesday, April 18, 2007, at 10 a.m. in order to
view the site for the proposed access and to further discuss the matter.
2. Nantucket Conservation Foundation Controlled Burn Discussion: The Director provided
an update on the prescribed burn conducted on Sunday, April 1, 2007, by the Nantucket Heathlands
Partnership on the Conservation Foundation's Middle Moors property that burned an unplanned
additional 35 acres. The bum was conducted with the cooperative efforts of the Conservation
Foundation, Mass Audubon, Land Bank employees and other volunteers.
Commission Reinhard expressed his belief in the importance of the burn program, emphasized the
safety benefits the burning provides and asked that the program continue to be strongly supported.
After a discussion regarding the current policies and procedures of the Land Bank's burn program,
upon a recommendation by the Director and a motion made and duly seconded, it was VOTED to
temporarily suspend the Land Bank's bum program until the procedures and activities can be
carefully reviewed and policies can be implemented to ensure the safety of all persons and to prevent
damage to private property.
3. Nobadeer Farm Road - Bikepath Discussion: The Commission reviewed and approved the
Planning Board's conceptual design for the Nobadeer Farm Road bikepath connecting Old South
Road to Milestone Road and discussed plans for permitting including surveying for moths,
endangered plant species and mitigation.
4. Gardner Property - Shanty Lease Request: The Director presented a request from Patricia
Kalinowski to occupy the Gardner cottage at the property for the months of June through September.
Upon a motion made and duly seconded, it was VOTED to approve the request.
5. Munson Property - Road Improvements: The Commission considered a request from a
homeowners group seeking funding to help cover the costs to improve and widen Massasoit Bridge
Road to 16-18 feet. The Commission determined to continue road maintenance to its property, to
object to the widening of the road and to suggest the installation of turnouts as an alternative.
6. Apthorpe Property - Bench Donations: The Director presented a request from David
Folger to purchase two benches for placement at the Land Bank's Apthorpe property in memory of
his mother and her friend, Mary Lou Apthorpe. Upon a motion made and duly seconded, it was
VOTED to approve the request and to ask staff to purchase additional benches for placement at other
appropriate Land Bank properties.
7. Ladies Beach - Use Request: The Director presented a request from Susan Warner of
Nantucket Clambake to hold a table-seated party for 30-40 people at Ladies Beach on Wednesday,
August 29th beginning at 5 :00 p.m. Upon a motion made and duly seconded, it was VOTED to
approve the request subject to parking area limitations and proper clean up of the area.
Land Bank Commission
April 10, 2007
Page 4
H. EXECUTIVE SESSION: Upon a motion made and duly seconded, it was VOTED to go into
Executive Session. Each member was polled individually. All members voted yes. The Chairman
noted that the Commission would reconvene into regular session and that the purpose of going into
executive session was to discuss matters related to land acquisition.
RETURN TO OPEN SESSION
ADJOURNMENT: Upon a motion made and duly seconded, it was VOTED to adjourn at 6:10 P.M.
Attested to:
Accepted, Approved, and Released by the VOTE of
the Commission this 24th day of April 2007.
MONTHLY TRANSFER STATISTICS FISCAL YEAR 2006
FY06
Month
Jul-05
Aug-05
Sep-05
Oct-05
Nov-05
Dec-05
Jan-06
Feb-06
Mar-06
Apr-06
May-06
Jun-06
::~~M~R:O,$:::::::::
Average
Low
High
Total Exempt Taxable Total Gross
Transfers Transfers Transfers Value
83
92
131
120
91
148
106
87
104
78
96
79
:9.62/
.... .
101
78
148
36
45
48
35
48
110
59
54
63
44
50
39
. . . . . . . . . .
::::A~~h: :
53
35
110
47
47
83
85
43
38
47
33
41
34
46
40
<464/:;
. . . . . . . . .
........ .
49
33
85
$84,966,423
$79,297,377
$170,977,147
$176,148,013
$75,391,500
$79,616,375
$105,705,774
$52,792,786
$81,793,500
$73,440,925
$91,696,267
$78,671,608
.. ::.:..:.$.~;~$~;:$$$.:::::
$95,874,808
$52,792,786
$176,148,013
MONTHLY TRANSFER STATISTICS FISCAL YEAR 2007
Gross
Value Taxable
$84,366,423
$78,447,377
$155,677,147
$171,285,209
$74,591,500
$65,841,375
$104,705,774
$51,532,000
$80,393,500
$69,424,975
$90,991,600
$77,871,608
................... ..
::::$~$.~:;$.4P;~9$::::::
$92,094,041
$51,532,000
$171,285,209
Revenue
Received
$1,691,900
$1,574,140
$3,113,343
$3,429,117
$1,495,630
$1,335,445
$2,094,115
$1,038,640
$1,607,870
$1,388,500
$1,821,832
$1,557,432
:::::::$1:7~~$.Q:;?'PQ
$1,845,664
$1,038,640
$3,429,117
FY07 Total Exempt Taxable Total Gross Gross Revenue
Month Transfers Transfers Transfers Value Value Taxable Received
Jul-06 66 34 32 $65,734,501 $64,334,501 $1,286,690
Aug-06 75 49 26 $48,890,581 $46,838,137 $938,763
Sep-06 76 37 39 $107,911,581 $106,311,581 $2,137,232
Oct-06 97 58 39 $91,989,800 $77,540,800 $1,558,816
Nov-06 90 50 40 $82,332,701 $80,332,701 $1,610,654
Dec-06 118 81 37 $37,325,299 $35,325,299 $711,098
Jan-07 91 50 41 $80,227,513 $78,730,747 $1,575,890
Feb-07 49 39 10 $20,137,833 $19,337,833 $455,339
Mar-07 90 45 45 $75,366,310 $74,206,310 $1,547,701
Apr-07
May-07
Jun-07
::ffl~t))M~~:~r::::::
Average
Low
High
MONTHL Y
>:752
84
49
118
. . . '. . . .'. - . - .
... :=44$::::::
49
34
81
.... -....,.
';';';..3..0..';9..';.;'
..... ..
... ..
,.... ..
.... ...
. . .. . . .
... ..
:::::::. .:..:.-:::::
34
10
45
.::::.:.$.OO$i~1:$;.1.~P.::::.:: ..
$67,768,458
$20,137,833
$107,911,581
.. .
::./::::::$..1: :i1.';S.. .2...2.:;'1.'8.;<:)'
:.:::::::.:':...':.~;:'::.'::.:i::':':P:
$1,313,576
$455,339
$2,137,232
UNAUDITED
..
TRANSFER BUSINESS
Nantucket Land Bank Commission
Regular Meeting of April 10, 2007
1. Proposed Transfer Discussion - No. 24514 Kristopher Feeney and Daisy Hu Feeney
2. March Transfers - Record Nos. 27788 through 27877:
a. Current "M" Exemptions:
No. 27799 Brian Borgeson, Trustee ofMerci Mere Nominee Trust
No. 27835 Jesus A. Partida and Jorene H. Partida
No. 27842 Gretchen S. Buchmann and Aaron 1. Hull
b. Transfer Review - Supplemental Discussion:
No. 27799 Brian Borgeson, Trustee of Merci Mere Nominee Trust
3. "M" Exemption Update:
a Adjustment Pending - Release of Lien:
No. 23251 Jason A. Olbres and Nichole L. Marks
4. Transfer Update:
a. Transfer Review - Adjustments Paid:
No. 27820 Bruce H. Poor
No. 27822 Carol A. Surface
No. 27871 Matthew E. McManus and Jennifer McManus
b. Release of Lien:
No. 96973 Matthew E. McManus and Jennifer McManus
MINUTES
Nantucket Land Bank Commission
Special Meeting of April 18, 2006
Cliff Road, Maxcy's Pond Property
Nantucket, Massachusetts
CALL TO ORDER: 10:00 A.M.
PRESENT: Bartlett, Gardner, Johnson, Reinhard, Stackpole. ABSENT: None.
A. PROPERTY MANAGEMENT:
1. Maxcy's Pond - Old Settler's Burial Ground Access Discussion: The Commission,
Director Eric Savetsky, Resource PlannerlEcologist Bruce Perry, Assistant Property Manager Robert
Earley and a representative of the Cemetery Committee were present at a site visit at the Maxcy's
Pond Property to discuss alternatives for the Land Bank to assist in the creation of an access trail to
the Old Settler's Burial Grounds. After a discussion, the Commission determined to continue the
matter at the next regular meeting of April 24, 2007.
ADJOURNMENT: Upon a motion made and duly seconded, it was VOTED to adjourn at 10:45 A.M.
Attested to:
Secretary
Accepted, Approved, and Released by the VOTE of
the Commission this 24th day of April 2007.