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Home My WebLink About2005-07-12 10 1,;\ j., I (" ( (' : AGENDA Nantucket Land Bank Commission Regular Meeting of July 12, 2005 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER d t.)j Minutes afthe regular meeting held June 28,2005. A. CITIZEN BUSINESS/ANNOUNCEMENTS B. PROPERTY MANAGEMENT 1. Walker Property - Abutter Concerns 2. Miacomet Golf Update "' '.......''-. C. TRANSFER BUSINESS D. FINANCIAL BUSINESS 1. Monthly Transfer Statistics 2. Warrant Authorization 3. Fiscal Year 2005 - Budget Amendments 4. Fiscal Year 2006 Budget E. REGULAR BUSINESS 1. Public Notice Review F. PROPERTY MANAGEMENT 1. Property Manager's Update 2. Ladies Beach - Use Request 3. Lily Pond Property G. EXECUTIVE SESSION ADJOURNMENT MINUTES Nantucket Land Bank Commission Regular Meeting of July 12,2005 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER: 4:00 P.M. PRESENT: Bartlett, Holdgate, Miller, Reinhard, Stackpole. Minutes of the regular meeting held June 28, 2005: Upon a motion made and duly seconded, it was VOTED to accept, approve, and release the minutes of June 28, 2005, as written. A. CITIZEN BUSINESS: None. B. PROPERTY MANAGEMENT: 1. Walker Property / 17 Commercial Wharf - Abutter Concerns: Area resident Bill Barney (25 Commercial Wharf) was in attendance to present his concerns and those of Dick and Joan Corey (21 Commercial Wharf) regarding the Land Bank's dock proposal. The Director informed the Commission that he recently met with Dick Corey and Bill Barney where they reviewed the most recent concept plan for the bulkhead, boat slips and dinghy dock. Mr. Barney stated that his main concern was with nighttime dinghy traffic and noise, boat size, policing issues and that the Coreys were concerned about their water views. The Commission acknowledged their concerns, informed them that the proposed plan is preliminary and encouraged them to stay in contact with the Director. Joan Corey joined the meeting mid-way through the discussion 2. Miacomet Golf Course: a. Golf Activity Report: Mr. Passios reported that golf activity has increased and that they had a record breaking July 4th weekend. b. Membership Discussion: Mr. Passios presented a report showing the final tally for new memberships and reported that letters would be sent out within the week informing applicants of the membership terms and conditions. c. Membership Request - Steven O'Brien: Mr. Passios reported that Stephen O'Brien had contacted the golf club in February expressing his interest in joining as a member, asking to be contacted should the opportunity arise, and more recently asking to be granted membership post- deadline due to his not being informed of the recent offering. Upon a motion made and duly seconded, it was VOTED to offer a membership to Mr. O'Brien. d. Golf Course Use Request - Veterans of Foreign Wars (VFW): Mr. Passios presented a request from the local chapter of the VFW to hold a fundraising tournament at the golf course in the fall season and informed the Commission that they are asking that the green fees for the event be waived. The Commission asked Mr. Passios to come back at the next meeting with more information and a recommendation. Land Bank Commission July' 12, 2005 Page 2 e. Land Bank Maintenance Building - D. Neil Parent Final Payment: The Director and Mr. Passios reported that a final settlement bill as proposed by D. Neil Parent has been received and reviewed, was deemed erroneous and disputable, and in response, Mr. Passios has drafted a letter for the Commission's review which if authorized presents a counter-offer for final payment to Mr. Parent in the amount of $4,432.00. Upon a motion made and duly seconded, it was VOTED to send the letter with the Land Bank's counter-offer for payment. Mr. Bartlett and Mr. Stackpole abstained from the above discussion and the vote. f. Land Bank Maintenance Building - Enterprise Equipment Final Payment: Charlie Passios reported that the final payment to Enterprise Equipment has been included in the meeting's warrant authorization but that it will be held subject to his approval upon the completion ofthe project. g. Golf Course Signage: Commissioner Miller raised concerns about the lack of golf course directional signage. Mr. Passios will look into the matter. h. S.H.A.C. Mitigation Payment: Mr. Passios reported that this year's mitigation payment to the Land Bank at $1.00 per golf round has been paid in the total amount of$18,752.00. C. TRANSFER BUSINESS: 1. Transfer Record Nos. 25787 through 25910: The Commission reviewed transfers for the period of June 1,2005, through June 30,2005. a. Current "M" Exemptions and Liens: 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. 25793 Matthew R. Kresl and Kerrith Harrison No. 25795 Khaled S. Hashem and Jennifer Hashem No. 25808 Ruth A. Priestley No. 25813 Marylane S. Branco and Delber Branco No. 25819 Raphael S. Terrell No. 25835 Vesseia R. Natcheva and Ilia H. Natchev No. 25841 Dina Warren No. 25873 Katia Brasil Prado No. 25885 James G. Fuller and Sara E. Fuller No. 25892 Jennifer M. Kuhn b. Supplemental Review and Discussion - No. 25792 and No. 25842 Robert B. Lang: Ms. Hunter summarized the transactions. After a discussion, upon a motion made and duly seconded, it was VOTED that the transfers do not qualify for exemption by non-applicability under Section 4.17( 1) of the Rules and Regulations of the Commission; that the transfers are taxable under Section 2.03(8)(b)(i); that there have been failures to discharge Land Bank fees due at the time of the transfers; and, to send Notices of Assessment of Fee Due against the stated purchase price on Record No. 25792 and No.25842 together with applicable interest and penalty. Land Bank Commission July' 12, 2005 Page 3 c. Supplemental Review and Discussion - No. 25799 Travis Randall: Ms. Hunter summarized the transaction. After a discussion, upon a motion made and duly seconded, it was VOTED pursuant to Section 1 ofthe Land Bank Act definition of Purchase Price that there has been a failure to discharge the Land Bank fee on one-half ofthe outstanding mortgage in place at the time of transfer and to send a Notice of Assessment of Fee Due together with applicable interest and penalty. d. Supplemental Review and Discussion - No. 25840 Angelo Atsiknoudas: Ms. Hunter summarized the transaction. After a discussion upon a motion made and duly seconded, it was VOTED pursuant to Section 1 of the Land Bank Act definition of Purchase Price that there has been a failure to discharge the Land Bank fee on one-half of the mortgage discharged at the time of transfer and to send a Notice of Assessment of Fee Due together with applicable interest and penalty. 2. "M" Exemption Update: a. Release of Lien Adjustment Pending - No. 25734 James R. Houghton and Alix C. Houghton: The Commission executed and authorized the issuance of a Release of Lien for the above referenced transfer upon receipt of payment of the Land Bank Fee exempted at the time ofthe transfer. D. FINANCIAL BUSINESS: 1. Monthly Transfer Statistics: The June 2005 transfer statistics and annual fiscal year end revenue statistics were presented to the Commission. 2. Warrant Authorization - Cash Disbursements: Upon a motion made and duly seconded, it was VOTED to execute the fiscal year-end June 30, 2005, warrant document in the amount of$120,719.96 to be provided to the county treasurer. 3. 2005 Fiscal Year Budget Amendments: The Director presented the final FY 2005 budget report and suggested amendments to the budget which would reflect the Commission's authorization of the actual amounts expended. After a review, upon a motion made and duly seconded, it was VOTED to amend the Fiscal Year 2005 Budget as prepared by the Director. 4. 2006 Fiscal Year Budget: The Commission discussed the Fiscal Year 2006 draft budget prepared by the Director. Upon a motion made and duly seconded, it was VOTED to approve the budget as presented. 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. Property Manager's Update: The Property Manager provided an update on matters relating to property maintenance and described recent efforts to maintain and clean the 40th Pole beach property after the July 4th weekend. Land Bank Commission July 12,2005 Page 4 2. 106 Main Street - Maintenance Discussion: Commissioner Reinhard stated that he has received comment from the public expressing concerns about the appearance of the 106 Main Street property. Mr. Perry informed the Commission that he expects to complete the landscaping maintenance in the very near future. 3. Sanford Farm Property - Fall Burning Discussion: The Commission discussed plans to conduct a prescribed bum at the Sanford Farm property in the fall. After a discussion, upon a motion made and duly seconded, it was VOTED not to bum the Sanford Farm property in the fall and to continue mowing the trails throughout the summer. 4. Ladies Beach Property - Use Request: The Director presented a request from David and Criss Troast to hold a company party and barbeque for approximately 40 to 45 people at Ladies Beach on Wednesday, August 3rd from 1:00 P.M. to 8:00 P.M. with on-site catering setup beginning after 4:00 P.M. Upon a motion made and duly seconded, it was VOTED to approve the request subject to the terms outlined in the permit application. 5. Ladies Beach Property - Use Request: The Director presented a request from Susan Warner of Nantucket Clambake Company to hold a catered dinner for 24 to 30 people at Ladies Beach on Friday, August lih from 4:00 P.M. to 10:00 P.M. to include table seating and a three- person non-amplified musical ensemble. Upon a motion made and duly seconded, it was VOTED to approve the request subject to the terms outlined in the permit application. 5. Ladies Beach Property - Use Request: The Director presented a request from Susan Warner of Nantucket Clambake Company to setup a tent and hold a catered dinner party for 50 to 70 people at Ladies Beach on Friday, September 23rd from 3:00 P.M. to 8:00 P.M. Upon a motion made and duly seconded, it was VOTED to approve the request subject to the terms outlined in the permit application. 6. Lily Pond Property - Use Request: The Director presented a request from Hunter Zeising, abutter to the Land Bank's Lily Pond property, to construct a shed on his property within the Land Bank's easement area. Upon a motion made and duly seconded, it was VOTED to approve the request subject to the Mr. Zeising's constructing the shed a minimum of 10 feet from the Land Bank's property line, maintaining the existing 4 foot public walking trail access, and continuing access for Land Bank maintenance vehicles across his property to Lily Pond park. 7. Walker Property - Abutters Concerns: The Commission reviewed the abutters' concerns previously presented in the meeting and discussed contracting for legal services for representation during the permitting process. G. 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 approval of the minutes and land acquisition. RETURN TO OPEN SESSION Land Bank Commission July 12,2005 Page 5 Ms. Hunter voluntarily left the meeting for the following personnel discussion. H. PERSONNEL DISCUSSION: 1. Property Manager's Position Description: The Commission discussed restructuring the property management department by splitting Mr. Perry's current responsibilities into two separate positions due to the increased work load of additional properties and golf course mitigation obligations. After a discussion, upon a motion made and duly seconded, it was VOTED to create the new position of Resource Planner for Mr. Perry which would more accurately reflect his duties and responsibilities as proposed and to offer the position of Property Management Supervisor to Jeffrey Pollock. ADJOURNMENT: Upon a motion made and duly seconded, it was VOTED to adjourn at 6:45 P.M. Attested to: fJI- g~ ~ :JOBH J. Stackpole, Secretary /1/J.. e,? 8. 1212/11 JlftI'd J ViCe S6~Ie-Id-I J / treasurer Accepted, Approved, and Released by the VOTE of the Commission this 26th day of July 2005. .' ".." "/'/ /),,- Kenneth W. Holdgate, 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 $1,900,345 ................. . :/t8.RI,@)'N$:o'1: Average Low High ;:ffl$,?::,:: 116 82 176 ':::"::.::343::::::::.::: .... . 57 28 112 )30.9 ... .. 59 35 100 . .. . . . . . . . . . .. ................................................ :::$"38.e:Oe3::1:32':'.:::.':;:;~1/11t~~a3'.::" ::: $4q~~$,R~;'14q ; .;.:. ;';':'...;; .;';;;.;i..;';:. ;;;~...;; .;.;'; .;.;.;.;.;.;~.;.,.;. :.;';.;f.. ;;'.;;;.; .;.;. $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 Aug-05 Sep-05 Oct-05 Nov-05 Dec-05 :/:m8R~:~YN~q~ Average Low High MONTHL Y ; 91].. 103 85 130 .......... . ; 31 tt..: 53 48 58 . :::::::::::~Q 1::.:::::::::::.::.::::$$,~1:!41:~~1:7~:.:.:::.::::::$$1:~i$47;:1:70::':::::::$10~~76.;41Q:. 50 $88,569,363 $85,924,528 $1,729,402 37 $43,249,759 $42,599,759 $853,995 73 $148,172,988 $144,472,988 $2,889,460 UNAUDITED MONTHLY TRANSFER STATISTICS FISCAL YEAR 2004 FY04 Total Exempt Taxable Total Gross Gross Revenue Month Transfers Transfers Transfers Value Value Taxable Received Jul-03 83 53 30 $35,826,437 $35,546,437 $762,957 Aug-03 91 56 35 $43,090,749 $41,574,943 $838,497 Sep-03 122 29 93 $123,432,615 $122,782,615 $2,459,652 Oct-03 152 50 102 $151,386,182 $150,186,182 $3,006,724 Nov-03 82 32 50 $48,058,800 $47,658,800 $968,412 Dec-03 148 97 51 $53,214,896 $49,771,734 $999,435 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 $1,943,297 .................................. tHR4@J,N~M::: Average Low High . . . . . . . . . ......3. .....0.... . . .. .. .. .' . . . . . . . ... . ;,.1:;)3....;" 111 82 152 ::::::....::...:$pO::::'U::: 55 29 97 .......................................................... .. ......6. .1. .........................$. ....5. ......5. .7. 5. ...8. ....S. ...........$. 8. .3. .5. ..a. ....3. .........2. .. ... ............ . ... ..... .' ,.. ... .......... .,....... .. . :::'::;....,q':::':.:.:::.'...:.,.:..)LS.j......:.;..:;1.:...:.:.'::....;....:;.:.;:. 9.....;64; ..... ....... -................... .... ... -.. 56 $71,547,985 $69,633,654 30 $33,101,234 $30,163,300 102 $151,386,182 $150,186,182 ;;;;;;';';'$. '1..;a. .;;8....1..3:.;;5. :8...9..; . . . .. ... .. . . . . . . . . . . . ..... . .. '.. . :::::::::::: .:::.:.::~::::::::: :~:: :::: ::.: $1,401,132 $609,766 $3,006,724 MONTHLY TRANSFER STATISTICS FISCAL YEAR 2005 FY05 Total Exempt Taxable Total Gross Gross Revenue Month Transfers Transfers Transfers Value Value Taxable Received 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 $154,331,770 $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 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 $2,889,460 . . ......... . ......... . ..................... ......................... .................. . A~~p.~:. ......65~F ......70S...... ::$t;1~$;$.2~;4~$.:.::.$.1:;:1~1:l44$.;$4@. ::::: ....$................ ....... ........ :H?~;9~?;7~~ .THRlPWN~o.~/ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....... ....... .....,... ....... ....... ...... ......... . ....... ............ . ........ ...... .......,... ....... .......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ...... . . . . . . . . . . . . . . . . . . . Average 114 55 59 $99,468,869 $94,287,487 $1,923,567 Low 83 28 37 $43,249,759 $42,599,759 $853,995 High 176 112 100 $188,678,425 $163,378,425 $3,633,009 MONTHL Y UNAUDITED . . TRANSFER BUSINESS Nantucket Land Bank Commission Regular Meeting of July 12,2005 1. June Transfers - Record Nos. 25787 through 25910: a. Current "M" Exemptions: No. 25793 Matthew R. Kresl and Kerrith Harrison No. 25795 Khaled S. Hashem and Jennifer Hashem No. 25808 Ruth A. Priestley No. 25813 Marylane S. Branco and Delber Branco No. 25819 Raphael S. Terrell No. 25835 Vesseia R. Natcheva and Ilia H. Natchev No. 25841 Dina Warren No. 25873 Katia Brasil Prado No. 25885 James G. Fuller and Sara E. Fuller No. 25892 Jennifer M. Kuhn b. Supplemental Review and Discussion: No. 25792 and No. 25842 Robert B. Lang No. 25799 Travis Randall No. 25840 Angelo Atsiknoudas 2. "M" Exemption Update: a. Release of Lien - Adjustment Pending: No. 25734 James R. Houghton and Alix C. Houghton