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AGENDA
Nantucket Land Bank Commission
Regular Meeting of December 13,2005
Land Bank Meeting Room, 22 Broad Street
Nantucket, Massachusetts
CALL TO ORDER
Minutes of the special meeting held November 29, 2005
A. CITIZEN BUSINESS/ANNOUNCEMENTS
B. PROPERTY MANAGEMENT
1. Miacomet Golf Update
C. TRANSFER BUSINESS
D. FINANCIAL BUSINESS
1. Warrant Authorization
2. Semi-Annual Bond Payment Authorization
3. Accounts/Billing Discussion
E. REGULAR BUSINESS
1. Public Notice Review
F. PROPERTY MANAGEMENT
1. Carter Property Discussion
2. Walker Property Update - 2006 Use Discussion
3. Farrell Property - Property Planning
4. Nobadeer Farm Road - Ball Fields Update
5. Lady's Beach - Property Use Request
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G. PERSONNEL MANAGEMENT
1. Staff Christmas Party
2. Leave of Absence Request
_ 1
EXECUTIVE SESSION
ADJOURNMENT
Land Bank Commission
De..cember 13,2005
Page 2
b. Form B Not Provided and/or Not Complete: The Commission asked staff to request
satisfactorily completed Form Bs for the following transfers:
No. 26342 Windhorse Ventures, LLC
No. 26362 Valerie A. Monahan
No. 26368 98 Tom Nevers Road BLN LLC
No. 26398 Jeffrey Carter
No. 26419 Malcolm S. Brooks
No. 26420 David E. Webster, Jr.
2. Transfer Update:
a. Satisfactorily Completed Form B or Documentation Provided: Based upon the information
and/or documentation provided by the purchasers or purchasers' representative, the Commission found the
following transfers to be in order.
No. 26049 Thomas J. Richards and Marcia R. Richards
No. 26308 The Doc Ryder Drive Trust
No. 26290 Weinman, Trustee of Copper Mine Nominee Trust
b. Notice of Assessment, Receipt of Payment - No. 26367 Angelo Atsiknoudas: Ms. Hunter
reported that payment has been received for the outstanding fee due on the above referenced transfer. The
Commission found the matter to be resolved and the transfer to be in order.
c. Failure to Provide Requested Documentation - No. 25586 Quissett Partners Nominee Trust,
Robert Driscoll and Laina C. Driscoll, Trustees: Based upon the purchasers' failure to provide the
requested documentation with regard to their claim of the "D" exemption on the above referenced transfer,
upon a motion made and duly seconded, it was VOTED that there has been a failure to discharge the Land
Bank fee on the transaction, to send a Notice of Assessment of fee due in the amount of2% of the fair
market value of the property at the time ofthe transfer, and to place a lien against the property.
d. Payment Discussion - Nantucket Sun Nominee Trust: Ms. Hunter summarized the
transaction history as provided in correspondence from Robert F. Smith, attorney for Nantucket Sun
Nominee Trust and described Mr. Smith's proposal to resolve the matter. Based upon the parties' good
faith efforts to provide the requested information and the terms of the settlement offer, upon a motion
made and duly noted, it was VOTED to accept the proposal for payment as presented.
3. "M" Exemption Business:
a. Transfer of the "M" Exemption to Replacement Property - No. 25089 and 26447 Gary Roy
and Elaine Roy: Based upon a review of the circumstances of the transaction, upon a motion made and
duly seconded, it was VOTED to ratifY and confirm a prior decision by a majority of the Commissioners
to allow the Roys to transfer their "M" exemption to a replacement property, to provide a release for the
lien which was placed against their original property purchase and to start the 5 year ownership
requirement on the date of the new purchase.
Land Bank Commission
December 13,2005
Page 4
2. Walker Property Update - 2006 Use Discussion: The Director reported that he has met with
consultants to discuss the proposed property renovations. After a discussion regarding uses for the
property during the 2006 summer, upon a motion made and duly seconded, it was VOTED to open the
property to the public, not to renew the existing seasonal leases, to remove the docks and signage and to
apply for the permits to remove the existing structure from the site.
3. Farrell Property - Property Planning: The Director presented a letter from abutter, Rex K.
Collum, regarding his concerns about parking, public access and management of the road. After a
discussion regarding relocation of the remaining house and restoration of the area, upon a motion made
and duly seconded, it was VOTED to apply for permits from the Conservation Commission and Historic
District Association to remove the house, to create parking and walking trails to the beach on the
property, and to abandon the proposed parking at the Apthorpe property.
4. Nobadeer Farm Road - Ball Fields Update: The Director reported that approval from the
Secretary of Environmental Affairs to construct ball fields at the Nobadeer Farm Road property has been
received. Upon a motion made and duly seconded, it was VOTED to obtain professional design services
for the project.
5. Ladies Beach - Use Request: The Director presented a request from Susan Warner of Nantucket
Clambake Company to hold a catered wedding reception at the property on Saturday, July 29th with a set-
up time of3:30 P.M. and an event start time of5:30 P.M. for an estimated 60-70 guests, tables for seating
and no band. Upon a motion made and duly seconded, it was VOTED to approve the request subject to
the terms presented.
6. Burchell Property Discussion: Mr. Perry presented a property improvement plan to further
delineate and screen the life estate area from the public access areas at the Burchell property including
fencing and cedar tree planting along the life estate boundaries, removal of a shed, relocation of lobster
pots to the life estate area and the installation of trails. The Commission authorized the improvements as
proposed by Mr. Perry.
G. PERSONNEL MANAGEMENT:
1. Leave of Absence Request: The Director presented a request from Assistant Property Manager
Rob Earley to take a two-week leave of absence without pay. Upon a motion made and duly seconded, it
was VOTED to approve the request without suspension of health insurance benefits and the accrual of
paid time off.
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
"
MONTHLY TRANSFER STATISTICS CALENDAR 2004
Total Exempt Taxable Total Gross Gross Revenue
Month Transfers Transfers Transfers Value Value Taxable Received
Jan-04 120 64 56 $79,888,337 $77,247,707 $1,544,954
Feb-04 82 47 35 $38,149,238 $37,749,238 $752,985
Mar-04 84 49 35 $33,101,234 $30,163,300 $609,766
Apr-04 115 59 56 $72,545,634 $68,241,190 $1,366,824
May-04 117 64 53 $79,316,822 $77,716,822 $1,560,086
Jun-04 134 60 74 $100,564,874 $96,964,874 $1,943,297
Jul-04 100 55 45 $73,444,580 $56,285,180 $1,125,704
Aug-04 83 41 42 $59,176,066 $58,161,216 $1,171 ,774
Sep-04 135 46 89 $154,396,620 $153,331,770 $3,066,635
Oct-04 161 61 100 $188,678,425 $163,378,425 $3,633,009
Nov-04 90 28 62 $90,528,833 $89,928,833 $1,808,922
Dec-04 176 112 64 $96,050,582 $94,817,249 $1,900,345
::takO.'NQVQ4
Average
Low
High
.... .....--...-...-......
.!::.:?!:1~22i1
116
82
176
...............................5.7...4....
................. .
................ ..... .
................. ...
................ . . .
................... .
.................. .
;:::::;:;:;:::;:;:::;:;:;:::;:::;,;",;:,,::;:::;,,:
57
28
112
..-.........-....-........... ...
................................
)().iP4;i:i!!.i
59
35
100
:$B#8i7HO:##i:::.::~6?h.M#95#4: '..'......:.::.!..:!..:....'::.:':.::.:..:...!..:...,:.!.~:.:.....:....:i4!.:.....!.:Q..::.......:.:.j.'!...5.....:.......:s.........:...:::.~...........:.::...:t.....
/:'\':..:.....:....5::.:......:..:.7............::.:.:.::......:..:.::...........
,:,....}?::1i!1}j:!I,d::,!l1::...;.,ty.9.ff::,:,:,:,:,:,:,:,:,:,:,:~~S;k:~:MR:".:..:Y&: @A~:q W f:i
$88,820,104 $83,665,484 $1,707,025
$33,101,234 $30,163,300 $609,766
$188,678,425 $163,378,425 $3,633,009
MONTHLY TRANSFER STATISTICS CALENDAR 2005
Total Exempt Taxable Total Gross Gross Revenue
Month Transfers Transfers Transfers Value Value Taxable Received
Jan-05 130 57 73 $136,754,392 $135,351,725 $2,744,481
Feb-05 85 48 37 $43,249,759 $42,599,759 $853,995
Mar-05 93 53 40 $68,345,932 $67,135,932 $1,356,739
Apr-05 89 50 39 $51,084,963 $49,884,963 $1,007,699
May-05 96 50 46 $83,808,142 $76,101,803 $1,524,036
Jun-05 124 58 66 $148,172,988 $144,472,988 $2,889,460
Jul-05 83 36 47 $84,966,423 $84,366,423 $1,691,900
Aug-05 92 45 47 $79,297,377 $78,447,377 $1,574,140
Sep-05 131 48 83 $170,977,147 $155,677,147 $3,113,343
Oct-05 120 35 85 $176,148,013 $171,285,209 $3,429,117
Nov-05 91 48 43 $75,391,500 $74,591,500 $1,495,630
Dec-05
IRgN9V!g,~
Average
Low
High
.... ......................
!.:.::i1;'1.~*=
103
83
131
..... ...... ....................
gg~<..!!.,;!....@91
48 55
35 37
58 85
.!:~.1:;.11.!~~1.~j';~~
$101,654,240
$43,249,759
$176,148,013
::.~1!~Q7$;:~.l4~~g@
$98,174,075
$42,599,759
$171,285,209
:.i!..!:!lg1i;@~g;:$iQ
$1,970,958
$853,995
$3,429,117
MONTHL Y
UNAUDITED
"
TRANSFER BUSINESS
Nantucket Land Bank Commission
Regular Meeting of December l3,L005
1. November Transfers - Record Nos. 26339 through 26427
a. Current "M" Exemptions:
No. 26338 Eric R. Shepard
No. 26337 Nicole Finch and Kelvin Dillard
No. 26350 Terrance J. Sutherburg, Jr.
No.26425 Philip C. Wattles and Kathy L. Wattles
b. Satisfactorily Completed Form Bs or Documentation Not Provided:
No.26342 Windhorse Ventures, LLC
No.26362 Valerie A. Monahan
No. 26368 98 Ton Nevers Road BLN LLC
No. 26398 Jeffrey Carter
No.264l9 Malcolm S. Brooks
No.26420 David E. Webster, Jr.
2. Transfer Update:
a. Satisfactorily Completed Form B or Documentation Provided:
No.26049 Thomas J. Richards and Marcia R. Richards
No. 26308 The Doc Ryder Drive Trust
No.26290 Weinman, Trustee of Copper Mine Nominee Trust
b. Notice of Assessment - Receipt of Payment:
No. 26367 Angelo Atsiknoudas
c. Failure to Provide Requested Documentation:
No. 25586 Quissett Partners Nominee Trust,
Robert Driscoll and Laina C. Driscoll, Trustees
d. Payment Discussion:
Nantucket Sun Nominee Trust
3. "M" Exemption Business:
a. Transfer of "M" Exemption to Replacement Property:
No. 25089 and 26447 Gary Roy and Elaine Roy
b. Five Ownership Requirement Discussion
4. Request for Commission's Opinion Regarding Proposed Transfers
Land Bank Commission
December 13,2005
Page 5
ADJOURNMENT: Upon a motion made and duly seconded, it was VOTED to adjourn at 6:23 P.M.
Attested to: ~
John J. ~ckp . e, ecretary -
Accepted, Approved, and Released by the VOTE of
the Commission this day of
Land Bank Commission
December 13, 2005
Page 3
b. Five Year Ownership Requirement Discussion: Ms. Hunter presented a question posed by a
client of Attorney Richard Beaudette asking whether a purchaser may choose to delay a claim to the "M"
exemption on a purchase until the five year ownership requirement has been fulfilled by not claiming the
exemption at the time of purchase, by residing at and owning the property for five years, and by
subsequently requesting a refund of the Land Bank fee paid at the time of purchase. After a discussion,
upon a motion made and duly seconded, it was VOTED to deny the request.
4. Request for Commission's Opinion Regarding Proposed Transfers: Ms. Hunter presented a
request from local realtor, Denise Olson, seeking the Commission's opinion regarding the applicability of
the "B" exemption in the instance that her client purchases a certain unit at the Nobadeer Meeting House
during 2005 which is actually not the unit she intends to own but is a unit free for conveyance in 2005
and then in 2006 she corrects the unit number by deed when the actual unit she wishes to own is free for
conveyance. Upon a motion made and duly seconded, it was VOTED to accept a claim to the "B"
exemption on the second part of the transaction subject to the purchaser submitting a letter of intent
regarding the proposed transfer correction at the time ofthe original transfer and subject to the unit
correction being submitted no later than six months from the time of the original purchase.
D. FINANCIAL BUSINESS:
I. Warrant Authorization - Cash Disbursements: Upon a motion made and duly seconded, it was
VOTED to execute the December 13,2005, warrant document in the amount of$68,157.78 to be provided
to the county treasurer
2. Warrant Authorization - Series E Semi-Annual Bond Payment: Upon a motion made and
duly seconded, it was VOTED to execute the December 13,2005, Series 98E Semi-Annual Bond Interest
Payment warrant to be provided to the county treasurer in the amount of $246,851.25.
3. Accounts/Billing Discussion: The Director presented a request to obtain a Land Bank credit card
for the sole purpose of purchasing supplies, materials and services from vendors who do not offer a
purchase account. Upon a motion made and duly noted, it was VOTED to approve the request subject to
the card being released for purchases only upon the approval of the Director.
4. Staff Christmas Party: Upon a motion made and duly seconded, the Commission approved a
request to hold a staff Christmas party.
E. REGULAR BUSINESS:
1. Public Notice Review: The Director reviewed public notices received since the last review. No
action was taken.
F. PROPERTY MANAGEMENT:
1. Carter Property Discussion: The Director provided an update on matters related to the bulk-
head permitting process and reported that the proposal to relocate the garage will be presented to the
Conservation Commission at its meeting on Friday, December 14,2005.
MINUTES
Nantucket Land Bank Commission
Regular Meeting of December 13,2005
Land Bank Meeting Room, 22 Broad Street
Nantucket, Massachusetts
CALL TO ORDER: 4:02 P.M.
PRESENT: Bartlett, Holdgate, Miller, Reinhard, Stackpole. ABSENT: None.
Minutes of the special meeting held November 29, 2005. Upon a motion made and duly seconded, it was
VOTED to accept, approve, and release the minutes of November 29,2005, as written.
A. CITIZEN BUSINESS/ANNOUNCEMENTS: None.
B. PROPERTY MANAGEMENT:
1. Miacomet Golf Update:
a. Membership Update: Mr. Passios provided an update on estimated 2006 membership renewals
and resulting revenue. The Commission decided to discuss membership rates at its January 10th meeting
when a full board is present and the 2006 draft budget has been reviewed.
b. Miacomet Golf Citizens' Concerns: The Chairman acknowledged receipt of correspondence
from Lori Gevalt, Margaret G. Benedict and Charles T. Bartholomae expressing their concerns regarding a
recent article in the newspaper about Miacomet golf professional Michael Merrill's employment position.
c. Request for Proposal - Instructor Program Update: Mr. Passios reported that the Request for
Proposal to obtain services for an instructor program at the Miacomet Golf Club is nearing completion and
will be released shortly.
d. Commissioner Miller Inquiry: Commissioner Miller presented questions for response from
Mr. Passios regarding management ofthe pro shop including staff training, maintenance and upkeep,
landscaping, yearly evaluations for staff and management presence.
C. TRANSFER BUSINESS:
1. Transfer Record Nos. 26337 through 26427: The Commission reviewed transfers for the period
of November 1,2005, through November 30,2005.
a. Current "M" Exemptions: The Commission authorized placing liens against the f9llowing as a
result of the purchasers claiming the "M" exemption as first time buyers of real property.
No. 26338 Eric R. Shepard
No. 26337 Nicole Finch and Kelvin Dillard
No. 26350 Terrance 1. Sutherburg, Jr.
No. 26425 Philip C. Wattles and Kathy L. Wattles