HomeMy WebLinkAbout2007-01-23
AGENDA
Nantucket Land Bank Commission
Regular Meeting of January 23,2007
Land Bank Meeting Room, 22 Broad Street
Nantucket, Massachusetts
CALL TO ORDER
Minutes of the regular meeting of January 9, 2007
A. CITIZEN BUSINESS/ANNOUNCEMENTS
B. TRANSFER HEARING - No. 24281, Carol A. Surface
C. PROPERTY MANAGEMENT
1. 2006 Work Plan Recap
2. 2007 Work Plan Presentation
3.22 Broad Street Maintenance
4. 2007 Summer Seasonal Landscape Assistant
5. Miacomet Golf Course
D. TRANSFER BUSINESS
E. FINANCIAL BUSINESS
1. Monthly Financial Report
2. Warrant Authorization - Cash Disbursements
F. REGULAR BUSINESS
1.2007 Annual Town Meeting Articles Update
G. PROPERTY MANAGEMENT
1. Maxcy Pond Easement Discussion
2. Hemeon House Relocation
3. Walker Property
EXECUTIVE SESSION
ADJOURNMENT
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MINUTES
Nantucket Land Bank Commission
Regular Meeting of January 23, 2007
Land Bank Meeting Room, 22 Broad Street
Nantucket, Massachusetts
CALL TO ORDER: 4:00 P.M.
PRESENT: Holdgate, Reinhard, Johnson, Stackpole. ABSENT: Bartlett.
Minutes of the regular meeting held January 9, 2007. Upon a motion made and duly seconded, it was
VOTED to accept, approve, and release the minutes of January 9, 2007, as written.
A. CITIZEN BUSINESS/ANNOUNCEMENTS: None.
B. TRANSFER HEARING - No. 24281, Carol A. Surface:
Pursuant to Section 14 of the Land Bank Act, the Commission held a hearing on the matter of the
Notice of Assessment from the Nantucket Islands Land Bank Commission dated November 15,2006, to
Carol A. Surface.
The hearing was tape recorded.
Emily Avery Esq. was present to act as representative for Carol A. Surface.
The hearing was opened by the Chairman.
Attorney Emily A very summarized the history of the transfer and provided an explanation
regarding Carol Surface's current residence and her ability to fulfill the domicile requirement of the
"M" exemption. Ms. Avery also provided a legal argument as to why she believes that the "actual
domicile" for Ms. Surface is her Nantucket house at 29 Wasahaman Avenue even though she
currently resides and works in Hong Kong.
Throughout the hearing, various questions and comments were directed by the Commissioners and
Office Administrator Craig Hunter to Attorney Avery.
At the conclusion of discussion, Ms. Hunter asked that the following documents be entered into the
record as exhibits. The exhibits were entered without objection.
Exhibit A, Transfer Documents Record No. 24281 dated April 27, 2004, including Form A and Notice of
Lease from The Nashaquisset Cooperative, Inc. to Carol A. Surface;
Exhibit B. Correspondence from the Nantucket Land Bank Commission dated May 3,2004, to Carol A.
Surface at The Summit, Flat 33A, Hong Kong City, Hong Kong re-stating the requirements of the "M"
exemption;
Land Bank Commission
January 23, 2007
Page 2
Exhibit C, Town of Nantucket Assessor's printout for 29 Washaman Avenue (Map 55, Parcel 578);
Exhibit D. Correspondence from the Nantucket Land Bank Commission dated April 27, 2006, to Carol A.
Surface at 29 Washaman Avenue, Nantucket, MA seeking additional information regarding her domicile;
Exhibit E. Correspondence from the Nantucket Land Bank Commission dated June 28,2006, to Carol A.
Surface at The Summit, Flat 33A, Hong Kong City, Hong Kong seeking additional information regarding
her domicile;
Exhibit F. Correspondence from the Nantucket Land Bank Commission dated June 28,2006, to Carol A.
Surface at 29 Washaman Avenue, Nantucket, MA seeking additional information regarding her domicile;
Exhibit G. Correspondence from the Nantucket Land Bank Commission dated June 28, 2006, to Carol A.
Surface at 29 Washaman Avenue, Nantucket, MA returned unopened and postal stamped "UNCLAIMED".
Exhibit H, Correspondence from the Nantucket Land Bank Commission dated July 21,2006, to Carol A.
Surface at 29 Washaman Avenue, Nantucket, MA seeking additional information regarding her current
domicile;
Exhibit I. Correspondence from the Nantucket Land Bank Commission dated July 21,2006, (without
attachments) to Carol A. Surface at The Summit, Flat 33A, Hong Kong City, Hong Kong seeking
additional information regarding her domicile;
Exhibit J. Undated correspondence from Carol A. Surface to the Nantucket Land Bank Commission
including envelope without a return address, postmarked Hong Kong and Massachusetts driver's license of
Carol Anne Surface;
Exhibit K. Correspondence from the Nantucket Land Bank Commission dated August 15, 2006, to Carol
A. Surface at The Summit, Flat 33A, Hong Kong City, Hong Kong seeking additional documentation;
Exhibit L. Correspondence from the Nantucket Land Bank Commission dated August 15, 2006, to Carol
A. Surface at 29 Washaman Avenue, Nantucket, MA seeking additional documentation;
Exhibit M. Correspondence from the Nantucket Land Bank Commission dated October 16, 2006, to Carol
A. Surface at 29 Washaman Avenue, Nantucket, MA (Cc: Carol A Surface at The Summit, Flat 33A,
Hong Kong City, Hong Kong) seeking additional documentation;
Exhibit N. Correspondence from the Nantucket Land Bank Commission dated October 16,2006, to Carol A.
Surface at 29 Washaman Avenue, Nantucket, MA returned unopened and postal stamped "UNCLAIMED".
Exhibit 0, Notice of Assessment against Transfer No. 24281 from the Nantucket Islands Land Bank
Commission dated November 15,2006, to Carol A. Surface at 29 Washaman Avenue, Nantucket, MA and
attached cover from Kenneth W. Holdgate, Jr., Chairman, Nantucket Islands Land Bank Commission;
Exhibit P. Notice of Assessment against Transfer No. 24281 from the Nantucket Islands Land Bank
Commission dated November 15, 2006, to Carol A. Surface at 29 Washaman Avenue, Nantucket, MA
returned unopened and postal stamped "UNCLAIMED";
Land Bank Commission
January 23, 2007
Page 3
Exhibit 0, Correspondence from Emily Avery dated December 1,2006, to Kenneth W. Holdgate, Jr.,
Chairman, Nantucket Islands Land Bank Commission, requesting a hearing on Land Bank Notice of
Assessment dated November 15, 2006;
Exhibit R, Undated correspondence received by the Nantucket Land Bank on December 8, 2006, from
Carol A. Surface to the Nantucket Land Bank Commission including envelope postmarked Hong Kong
with return address listed as 8 Pak Pat Shan Road, LePalais #7, Tai Tam, Hong Kong, and Massachusetts
2005 Nonresident/Part-Year Resident Income Tax Return (Form I-NR/PY) of Carol Anne Surface;
Exhibit S. Correspondence from Emily Avery dated December 13, 2006, to Craig Hunter (Office
Administrator, Nantucket Land Bank Commission);
Exhibit T, Correspondence from the Nantucket Land Bank Commission dated December 15, 2006,
notifying Emily Avery (Cc: Carol A. Surface, 8 Pak Pat Shan Road, LePalais #7, Tai Tam, Hong Kong)
of the scheduled hearing date;
Exhibit U. Email string including (i) correspondence from Valerie Swett to Emily Avery dated December
15,2006, (9:46 AM) and (ii) correspondence from Emily Avery to Valerie Swett dated December 15,
2006, (9:51 AM);
Exhibit V. Correspondence from Emily A very dated January 9, 2007, to Craig Hunter (Office Administrator,
Nantucket Land Bank Commission) asking the Commission to postpone the hearing on Nantucket Islands Land
Bank Notice of Assessment against Transfer No. 24281 until January 23, 2007;
Exhibit W. Correspondence from the Nantucket Land Bank Commission dated January 11, 2007, notifying
Emily A very of the re-scheduled hearing date;
Exhibit X. Email string including (i) correspondence from Valerie Swett to Emily Avery dated January
22,2007, (12:17 PM) and (ii) correspondence from Emily Avery to Valerie Swett dated January 22, 2007,
(1:00 PM);
Exhibit Y, Correspondence from Emily Avery dated January 23,2007, to Kenneth W. Holdgate, Jf.,
Chairman, Nantucket Islands Land Bank Commission.
By agreement of the parties, the hearing was continued to 4:00 p.m. on Tuesday, February 13,2007,
to allow Ms. Avery additional time to respond to questions raised at the hearing and to provide final
arguments.
C: PROPERTY MANAGEMENT:
1. 2006 Work Plan Recap: Property Supervisor Jeffrey Pollock summarized 2006 property
management achievements and praised staff for a job well done. The Commission concurred.
2.2007 Work Plan Presentation: Mr. Pollock presented the Property Management Task List
which itemized and prioritized 2007 projects for Land Bank properties. After a discussion, upon a
motion made and duly seconded, it was VOTED to approve the task list as presented.
Land Bank Commission
January 23, 2007
Page 4
3.22 Broad Street Maintenance: The Commission authorized staff to seek bids for
maintenance needs at the 22 Broad Street building.
4. 2007 Summer Seasonal Landscape Assistant: Mr. Pollock suggested hiring a part-time
landscape assistant for the next summer season. Staff was asked to prepare a written proposal and to
report back to the Commission.
5. Miacomet Golf Course - 2007 Budget Discussion: As requested, Charlie Passios presented
the draft 2007 revised budget for the Commission's review. The budget currently before the Land Bank
is not the draft version which was voted for approval at the January 9th Land Bank meeting.
Mr. Passios presented detailed explanations for the amounts budgeted for operational income,
expenses and capital projects. Concerns and questions raised by the Commissioners were
addressed. After a lengthy discussion including a question and answer review, upon a motion made
and duly seconded, it was VOTED to rescind the January 9, 2007,vote to approve the budget and to
approve the revised budget as presented.
6. Miacomet Golf Renovations:
a. Administration Building: Charles Passiosreviewed the proposal submitted by W.
McEachern General Contracting which was presented, accepted and voted at the January 9th Land
Bank meeting and reported that after further discussion of the project specifications with Mr.
McEachern he was able to offer a cost proposal of $205,000. Upon a motion made and duly
seconded, it was VOTED to contract for services with W. McEachern General Contracting at an
estimated cost of $205,000 as the lowest responsive, responsible bidder, subject to a guarantee by
McEachern Contracting of an agreed upon completion date.
D. TRANSFER BUSINESS:
1. Notice of Assessment Update - No. 26973 Matthew W. McManus and Jennifer McManus:
Ms. Hunter summarized the transfer and the circumstances which lead to the October 2, 2006,
Notice of Assessment against the purchasers and summarized correspondence from the attorney for
the McManuses, Mark S. Haltzman. Upon a motion made and duly seconded, it was VOTED to
instruct staff to inform Attorney Haltzman that since his clients had not requested a hearing within
30 days of the mailing of the notice of assessment, they have lost their right to a hearing or further
appeal accordingly the Land Bank fee of$7,575 plus interest and penalty are now due and payable.
In the interest of promptly resolving the matter, upon a motion made and duly seconded, it was
VOTED to waive the interest and penalty provided that the outstanding fee is paid within 30 days
and a mutual release is executed.
2. "M" Exemption Business:
a. Duplicate Release of Lien - No. 8187 Douglas E. Asplint and Priscilla Williams: The
Commission executed a duplicate release of lien to be provided to the purchasers.
Land Bank Commission
January 23, 2007
Page 5
E. FINANCIAL BUSINESS:
1. Monthly Financial Report: The December financial report was accepted by the Commission.
2. Warrant Authorization - Cash Disbursements: Upon a motion made and duly seconded, it
was VOTED to approve and execute the January 23, 2007, warrant document in the amount of
$148,681.98 to be provided to the county treasurer.
F. REGULAR BUSINESS:
1.2007 Annual Town Meeting Articles Update: The Director provided an update on the
Land Bank's proposed articles and informed the Commission that two warrant articles which would
affect the Land Bank have been presented to the Selectmen for submission at the 2007 Annual Town
Meeting. One article presented by the Planning Board would seek an amendment to the Land Bank
Act proposed to allow the Land Bank to convey interests in land to the Town and the other article
proposed by Curtis Barnes would seek amendments to the Land Bank Act proposed to allow Land
Bank properties to be used for affordable housing and stipulating that twenty-five percent (25%) of
"all Land Bank funds collected each year" would be used for housing initiatives.
G. PROPERTY MANAGEMENT:
1. Maxcy Pond Easement Discussion: The Commission re-considered its decision to install
fencing along the eastern edge of the public access way to the original settlers' burial ground. The
Commission determined to put the fencing project on hold and to ask staff to seek additional
information about the easement rights in the way. Upon a motion made and duly seconded, it was
VOTED to mow the path from the parking area to the burial ground and to improve the parking area.
2. Hemeon House Relocation: The Director informed the Commission that correspondence
had been received regarding the Land Bank's proposal to remove the Hemeon house from it's
current site and to relocate the Blair house at the Hemeon property. One letter was from Attorney
Kevin Dale, representative for Woodbury Lane home owner Stanley Rand, expressing his concerns
and the other letter was from Mrs. David Worth stating her opposition to the proposal.
Mr. Perry reported that letters-of-interest to remove and relocate the Hemeon house have been
received from the Housing Office, Chip Webster, Francis McCarthy and Michelle Allen.
3. Walker Property: The Director provided a summary of the Town's plans for the
Stormwater Improvements Phase I Project. The project would include the installation of stormwater
pollution control structures at the Land Bank's Walker property and allow access for on-going
operation and maintenance.
4. Gaillard Property - Phragmites Project Update: Bruce Perry provided an update on the
Town's proposal to control the phragmites population in the area and to restore the salt marsh habitat
at Consue Springs.
Land Bank Commission
January 23, 2007
Page 6
F. 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 6:30 P.M.
Attested to:
Allen B. Rein ard,' Vice Secretary /Vice Treasurer
Accepted, Approved, and Released by the VOTE of
the Commission this 13th day of February, 2007.
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John J. Stackpole; Se&~etary
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NANTUCKET LAND BANK COMMISSION WORKSHEET
UNAUDITED FINANCIAL REPORT as of December 31, 2006
.::::;::::::::::::::::::'. ..............:.:.:.:
STATEMENT OF ACCOUNTS. UNRESTRICTED FUNDS:
Nantucket Bank / Operating Fund 790008734
Nantucket Bank / Operating Fund 799508888
Nantucket Bank / Collection Account 790017653
MMDT / Cash Account 44229979
TOTAL UNRESTRICTED FUNDS:
APY
4.65
0.50
4.65
5.40
$28,104.71
$2,269.67
$6,938,123.41
$6,468,345.03
$13,436,842.82
STATEMENT OF ACCOUNTS. RESTRICTED FUNDS:
Miacomet Park / Nantucket Bank CD43-2790 due 1/25/07
Miacomet Park 2000 / Nantucket Bank 79-24361
Debt Service Fund 98E / US Bank
Working Capital/Nantucket Bank CD45-2733 due 6/14/07
Marble Reserve / MMDT Account 44250553
Tenant Security Deposits / Nantucket Bank
Deutsch Williams Escrow / Citizens Bank
Smooth Hummocks Management Escrow 790027038
TOTAL RESTRICTED FUNDS:
APY
4.59
4.72
4.67
5.00
5.40
$2,550,299.89
$237,977.99
$243,672.68
$1,184,979.38
$329,488.15
$650.00
$130,000.00
$40,474.77
$4,717,542.86
3.60
BONDS:
Principal
Outstanding
1998 Series E Issue
(Final principal payment 7/1/2019)
$9,545,000 (A)
Payment Due
1/1/2007
Payment Due
7/1/2007
(C) $235,432.50
(D) $785,432.50
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NOTES / LOAN:
Marble Note #19
Principal
Outstanding
$1,700,000
Payment Schedules Annual Payments
Interest of $25,768.60 due 9th of March, June. Sept, Dee: $103,074.40
Goodwillie Note #29 $2,000,000
(Note payable 12/12/07)
Holdgate Note #30 $8,000,000
($2.666.666 due 10/31/07, 10/31/08, 10/31/09)
Golf Course Loan $4,959,980
TOTAL NOTES/LOAN:
$16,659,980 (B)
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Interest of $40,000 due 12/12/06, 6/12/07, & 12/12/07
$80,000.00
Interest due with partial note payment on 10/31/2007
($213.333.36 due 10/31/08; $106,666.72 due 10/31/09)
Principal and Interest of $36,030.05 due Monthly:
$320,000.00
$432,360.60
Total Annual Notes I Loan Payments (E):
$935,435.00
TOTAL DEBT (A) & (B): $26,204,980
Total Annual Debt Payments (C) (0) & (E): $1,956,300.00
STATEMNTFY07
TRANSFER BUSINESS
Nantucket Land Bank Commission
Regular Meeting of January 23, 2007
1. Transfer Hearing - No. 24281 Carol A. Surface
2. Notice of Assessment Update - No. 26973 Matthew W. McManus and Jennifer McManus
3. "M" Exemption Business:
a. Duplicate Release of Lien - No. 8187 Douglas E. Asplint and Priscilla Williams
C:\WP60IMINDOCS\TRANSFER BUSINESS 05 SHORT.doc