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Home My WebLink About2005-04-12 AGENDA Nantucket Land Bank Commission Special Meeting of April 12, 2005 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER Minutes of the regular meeting held March 22,2005. A. CITIZEN BUSINESS/ANNOUNCEMENTS B. PROPERTY MANAGEMENT 1. Miacomet Golf Course C. TRANSFER BUSINESS D. FINANCIAL BUSINESS 1. MontWy Transfer Statistics 2. Warrant Authorization E. REGULAR BUSINESS 1. Public Notice Review 2. Special Town Meeting Article Discussion F. PROPERTY MANAGEMENT 1. Walker Property - Use Request 2. Cisco Beach Property - Use Request G. PERSONNEL MANAGEMENT 1. Assistant Property Manager Hiring Discussion H. EXECUTIVE SESSION ADJOURNMENT .,] . .d , ~.,'"'~ Land Bank Commission April 12, 2005 Page 2 b. Satisfactorily Completed Form Bs Not Provided: Staff was asked to seek a completed Form B from the following: No. 25578 Barbara S. Daley No. 25529 Richard J. Glidden, Trustee, 16 Nobadeer Farm Road Realty Trust c. Supplemental Review and Discussion - No. 25526 BahigBishay, Trustee of the Monohansett Realty Trust: Ms. Hunter reported that payment of the outstanding fee, penalty and interest has been received and that notification of a summons against the Nantucket Islands Land Bank and "complaint for monetary relief and demand for trial by jury" filed at the Dedham District Court on March 28, 2005, has also been received and forwarded to Land Bank counsel for action. An answer to the complaint and counterclaim, if any, must be fIled by counsel on or before April 25, 2005. d. Supplemental Review and Discussion - No. 25542 Janine M. Franceschi: Ms. Hunter summarized the history of the transaction describing the circumstances of the subsequent transfer as described in documentation provided by the purchaser's attorney. Based upon information contained in an affidavit executed by Ms. Franceschi and an agreement between the sellers, upon a motion made and duly seconded, it was VOTED to accept the purchaser's claim to the "B" exemption on the transfer as submitted. 2. Transfer Update: a. Satisfactorily Completed Form B and/or Additional Documentation Provided: Based upon the information and/or documentation provided by the purchasers' representative, the Commission found the following transfers to be in order: No. 25352 Wesley E. Finch No. 25332 Catherine E. Conte, Southern Realty Trust 3. "M" Exemption Update: a. Five Year Ownership Non-Compliance - No. 20650 Peter Halik and Tracy Halik: Ms. Hunter summarized the history of the transaction and information provided by Ms. Halik in a telephone conversation with staff regarding the sale of their property at 30 Hummock Pond Road prior to the fulfillment of the "M" exemption's five-year ownership requirement. Based upon the information provided, upon a motion made and duly seconded, it was VOTED to accept separate payments of the outstanding fee, penalty and interest and to pro-rate the interest amount due through the date of the Haliks' sale of the property on October 7, 2003. b. Two Year Domicile Non-Compliance - No. 22905 Craig Beni: Based upon information contained in correspondence from Mr. Beni regarding the anticipated date for the completion of his home, upon a motion made and duly seconded, it was VOTED to extend the two-year domicile requirement for one year. Land Bank Commission April 12, 2005 Page 4 2. Cisco Beach Property - Use Request: The Commission considered a request through David Iverson from the East Coast Surf Association, New England Chapter (a non-profit) to hold a surfing contest/event at the property on May 7th with a no-wave date of May 14th. Upon a motion made and duly seconded, it was VOTED to approve the request subject to the organizers conducting a full trash and debris sweep of the beach before and after the event and obtaining indemnification insurance for the Land Bank in the amount of a million dollars. G. PERSONNEL MANAGEMENT: I. Assistant Property Manager Hiring Discussion: The Property Manager reported that interviews have been conducted two selected applicants and that he is recommending that the Commission offer the position to Edward Boyton. Upon a motion made and duly seconded, it was VOTED to hire Edward Boynton as permanent, full-time assistant property manager at an annual salary of$41,000. 2. Annual Election of Officers: Upon a motion made and duly seconded, it was VOTED to unanimously elect the following officers of the Land Bank Commission: Kenneth W. Holdgate, Jf., Chairman Philip D. Bartlett, Vice Chairman John J. Stackpole, Secretary Polly T. Miller, Treasurer Allen B. Reinhard, Vice Secretary/ Vice Treasurer 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 4:55 P.M. Attested to: (/'~~ JohtlJ: S{a~e, Secretary Accepted, Approved, and Released by the VOTE of the Commission this 26th day of April 2005. ~~~~,~ Kenneth W. Holdgate, J:t;/ hJj: a , . TRANSFER BUSINESS Nantucket Land Bank Commission Regular Meeting of April 12, 2005 1. Transfer Record Nos. 25509 through 25601: a. Current "M" Exemptions: No. 25533 Ernst T. Strang No. 25535 Michael J. Alpert No. 25553 Richard P. Marshall and Erin M. Marshall No. 25582 Erik C. Junghans No.25592 John A. Van Hoven and Leigh Van Hoven No. 25598 Juan Chavez b. Satisfactorily Completed Form Bs Not Provided: No. 25578 Barbara S. Daley No. 25529 Richard 1. Glidden, Trustee, 16 Nobadeer Farm Road Realty Trust c. Supplemental Review and Discussion: No.25526 Bahig Bishay, Trustee ofMonohansett Realty Trust No. 25542 Janine M. Franceschi 2. Transfer Update: a. Satisfactorily Completed Form B and/or Documentation Provided: No.25352 Wesley E. Finch No.25332 Catherine E. Conte, Southern Realty Trust 3. "M" Exemption Update: a. Five Year Ownership Non-Compliance: No. 20650 Peter Halik and Tracy Halik b. Two Year Domicile Non-Compliance: No. 22905 Craig Beni c. Release of Lien - Adjustment Pending: No. 20804 Dwayne Michael Dougan and Liliana Dougan 4. Transfer Update: a. Exemption Compliance Extension Request: No. 23258 John E. Luth, Rainbow Nominee Trust MINUTES Nantucket Land Bank Commission Special Meeting of April 12, 2005 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER: 3:07 P.M. PRESENT: Bartlett, Holdgate, Reinhard. ABSENT: Miller, Stackpole. Minutes afthe regular meeting held March 22,2005: Upon a motion made and duly seconded, it was VOTED to accept, approve, and release the minutes of March 22, 2005, as written. A. CITIZEN BUSINESS: None B. PROPERTY MANAGEMENT: 1. Miacomet Golf Course: a. New Membership Discussion: The Commission continued discussions regarding the implementation of new memberships. Upon a motion made and duly seconded, it was VOTED to continue consideration of the options until Commissioners Miller and Stackpole were present at the next regular meeting. b. Management Operations Update: Mr. Passios notified the Commission that accountant Peter Lamb would be in attendance at the next meeting to present the golf course fmancials for the month of March and the first quarter. c. Land Bank Maintenance Building: Mr. Passios provided an update regarding the completion of the Land Bank maintenance building including matters relating to the replacement and painting of the interior doors. d. Personnel Management Update - Office Manager: Mr. Passios reported that Kim Ramos has been hired as the full-time office manager for the Miacomet Golf Course. C. TRANSFER BUSINESS: 1. Transfer Record Nos. 25509 through 25601: The Commission reviewed transfers for the period of March 1, 2005, through March 31, 2005. 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. 25533 Ernst T. Strang No. 25535 Michael J. Alpert No. 25553 Richard P. Marshall and Erin M. Marshall No. 25582 Erik C. Junghans No. 25592 John A. Van Hoven and Leigh Van Hoven No. 25598 Juan Chavez Land Bank Commission April 12, 2005 Page 3 c. Release of Lien Adjustment Pending - No. 20804 Dwayne Michael Dougan and Liliana Dougan: The Commission executed a Release of Lien to be provided to the purchasers upon receipt of the outstanding fee, penalty and interest. 4. Transfer Update: a. Exemption Compliance Extension Request - No. 23258 John E. Luth, Trustee of Rainbow Nominee Trust: Ms. Hunter summarized the history of the transaction and correspondence received from Erinn Melia, representative for Roy S. and Kathryn H. Clauss, requesting an extension for compliance with the terms of the Commission's acceptance of a claim to exemption on a proposed transfer from the nominee trust to the Clausses. Based upon the information provided, upon a motion made and duly seconded, it was VOTED to grant a six month extension to the time period within which the trust must re-convey the property back to Mr. and Mrs. Clauss. " D. FINANCIAL BUSINESS: 1. Monthly Transfer Statistics: The March 2005 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 12, 2005, warrant document in the amount of $67,179.05 to be provided to the county treasurer. E. REGULAR BUSINESS: 1. Public Notice Review: The Director presented public notices received since the last meeting. No action was taken. 2. Special Town Meeting Article Discussion: The Director reminded the Commission that a warrant article has been submitted by Kent J. Murphy, et al for the April 12th Special Town Meeting and informed the Commission that he planned to be in attendance and speak against the article on behalf of the Land Bank. F. PROPERTY MANAGEMENT: 1. Walker Property - Use Request: The Commission determined not to authorize a request from James Gross, Nantucket Land and Sea Co., to park an additional vehicle at the Walker property under the terms of his one year lease. The Director reported that Mickey Rowland, abutter to the property, has responded favorably to the Land Bank's proposal to improve the property and has asked the Commission to think about installing a set of stairs on the southern end of the bulkhead. The Commission determined to consider the request and asked staff to refer the matter to Su111ivan Engineering. 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 $1,943,297 ::TM~Y:MAR:q~:::::::::::::~4::::::::::::::::::::::477:::::::::::::::::::4~7:::::::::::::::::':::$~q~:;1~;4~$::::::::::$$$,g~$~9~~~::::::::::::::$:~:t;~4~:,$~? Average Low High 111 82 152 55 29 97 56 30 102 $71,547,985 $33,101,234 $151,386,182 $69,633,654 $30,163,300 $150,186,182 $1,401,132 $609,766 $3,006,724 MONTHLY TRANSFER STATISTICS FISCAL YEAR 2005 FY05 Total Exempt Taxable Total Gross Gross Revenue Month Transfers Transfers Transfers Value Value Taxable Received Jul-04 100 55 45 $73,444,580 $56,285,180 $1,125,704 Aug-04 83 41 42 $59,176,066 $58,161,216 $1,171,774 Sep-04 135 46 89 $154,331,770 $153,331,770 $3,066,635 Oct-04 161 61 100 $188,678,425 $163,378,425 $3,633,009 Nov-04 90 28 62 $90,528,833 $89,928,833 $1,808,922 Dec-04 176 112 64 $96,050,582 $94,817,249 $1,900,345 Jan-05 130 57 73 $136,754,392 $135,351,725 $2,744,481 Feb-05 85 48 37 $43,249,759 $42,599,759 $853,995 Mar-05 93 53 40 $68,345,932 $67,135,932 $1,356,739 Apr-05 May-05 Jun-05 ............ . . . . .... :T8RY:~*R:q~::::::::::t~Qp~::::::::::::::::: Average 117 Low 83 High 176 :::~~?:::::::::::::::::::::$$i:P:;~~9t~~$::::::::::$.~~q~$$.p~q~~::::::::::::::$.:1:7;~fflj),fflP4 61 $101,173,371 $95,665,565 $1,962,400 37 $43,249,759 $42,599,759 $853,995 100 $188,678,425 $163,378,425 $3,633,009 MONTHL Y UNAUDITED