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HomeMy WebLinkAbout2007-04-10 IL-- 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 ~ C. TRANSFER BUSINESS :;:;> CT.J :CD N \J1 D. FINANCIAL BUSINESS 1. Monthly Transfer Statistics 2. Warrant Authorization - Cash Disbursements B ...... j:;. 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.