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HomeMy WebLinkAbout2006-04-10 AGENDA Nantucket Land Bank Commission Regular Meeting of April 24, 2007 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER A. Annual Electioj of Officers Minutes of th~ular meeting April] 0, 2007 B. CITIZEN BUSINESS/ANNOUNCEMENTS C. PROPERTY MANAGEMENT 1. Miacomet Golf Course D. TRANSFER BUSINESS E. FINANCIAL BUSINESS 1. Monthly Financial Report 2. Warrant Authorization - Cash Disbursements F. REGULAR BUSINESS 1. Public Notice Review G. PROPERTY MANAGEMENT 1. W anoma Way Property - Use Request 2. Nobadeer Farm Road - Ballfield Permitting 3. Cisco Beach Property - Ozone Surf Classic Event 4. Craig Property - Use Request 5. Moors End Farm - Consent For Lease Assignment 6. Maxcy Pond Property - Trail Discussion 7. Nobadeer Farm Road Property Restrictions EXECUTIVE SESSION ADJOURNMENT -, c -,!~'" """~ . :;:r\ r."^ . ri" /' r2~.A ~ .::.3: ==< I \D v --" i..:J N MINUTES Nantucket Land Bank Commission Regular Meeting of April 24, 2007 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER: 4:00 P.M. PRESENT: Bartlett, Gardner, Johnson, Reinhard, Stackpole. ABSENT: None. Minutes of the regular meeting held April 1 0, 2007, and the special meeting held April 18, 2007: Upon a motion made and duly seconded, it was VOTED to accept, approve, and release the minutes of April 10, 2007, and April 18, 2007, as written. A. REGULAR BUSINESS: 1. 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: John J. Stackpole, Chairman Leslie B. Johnson, Vice Chairman Allen B. Reinhard, Secretary Philip D. Bartlett, Treasurer Robert L. Gardner, Vice Secretary/Vice Treasurer B. CITIZEN BUSINESS/ANNOUNCEMENTS: 1. Land Council/Quidnet Purchase: The Director reported that on April 24, 2007, the Land Bank closed on the thirty-one acre parcel in Quidnet from the Nantucket Land Council who also completed their purchase of a 270 acre conservation restriction on Eel Point Road from Linda Loring. C: PROPERTY MANAGEMENT: 1. Miacomet Golf Update: a. Financial Report: Charlie Passios provided a financial update as of April 24, 2007, and presented the March 2007 financial statements. After a discussion, upon a motion made and duly seconded, it was VOTED to approve the transfer of $200,000 from the money market account to the checking account to be used for the capital expense purchase of Toro mowers. b. Membership Discussion: Mr. Passios provided a membership update. Based upon the current number of members and a recommendation by Mr. Passios, upon a motion made and duly seconded, it was VOTED to offer 20 new memberships as follows: Single Memberships Family Memberships One-Time Initiation Fee $3,600.00 $5,400.00 Annual Dues $3,000.00 $5,730.00 Land Bank Commission April 24, 2007 Page 2 c. Senior Golf Car Pass: After a brief discussion of the matter, the Commission agreed that a senior golf car pass may be used by either spouse even if one of the spouses does not meet the senior golf car pass age requirement. Commissioner Bartlett abstained. d. Golf Course Renovations Update: Mr. Passios reported on recent discussions with NMP Golf Construction (NMP) which were held as part of the bid review process. Upon a motion made and duly seconded, it was VOTED to confirm the Commission's March 27th vote to select NMP as the lowest most qualified bidder and to move forward with the final contract. e. Personnel Benefits Discussion: Mr. Passios provided details of the proposed Fidelity Funds 401 K retirement program including participation, administration and associated costs. D. TRANSFER BUSINESS: 1. Proposed Transfer Discussion - Cassidy Family Trust and Blackfin, LLC, Paul R. Senecal, Trustee of the Maria F. Senecal Testamentary Trust: The Commission reviewed the details of proposed transfers of real property interests affecting the above referenced entities for property located at 72 and 80 Somerset Road. After discussion, the Commission informally determined that a claim to exemption from the Land Bank fee would be accepted on the transfers between the Cassidy Family Trust and Blackfin, LLC and the transfer from the Cassidy Family Trust to Paul R. Senecal, Trustee, subject to the transfers being in the same form as presented by Attorney Jessie Glidden. 2. "M" Exemption Update: a. Domicile Non-Compliance Extension Request - No. 25533 Richard P. Marshall and Erin M. Marshall: The Commission considered a written request from the purchasers for a one-year extension of the domicile requirement of the "M" (first-time buyers) exemption to allow the purchasers time to complete the construction of their home. Upon a motion made and duly seconded, it was VOTED to approve the request and grant the Marshalls a one-year extension ending March 18, 2008. b. Release of Lien Pending Proposed Sale - No. 24514 Kristofer Feeney and Hu Yu a/k/a/ Daisy Hu Feeney: The Commission executed a Release of Lien to be provided to the Feeneys subject to the sale oftheir property at 39B Essex Road, currently scheduled for May 1,2007. c. Two-Year Domicile Non-Compliance: Upon a motion made and duly seconded, it was VOTED that there has been a failure to comply with the domicile requirement of the "M" (first-time buyers) exemption, to send Notices of Assessment of fee due and to authorize placing a liens against the following transfers: No. 24041 Amy A. Metcalfe No. 25400 Bernadette Maglione : Land Bank Commission April 24, 2007 Page 3 3. Transfer Update - No. 27618 9 Dukes Road LLC: Ms. K. Hunter presented the details of the transfer which were a purchase of a one-third interest in property located at 9 Dukes Road from Frances McCarthy, Denise M. Hall and Ronald C. Hall to the 9 Dukes Road LLC. Upon a motion made and duly seconded, it was VOTED that based upon a failure to provide the requested information and documentation there has been a failure to discharge the Land Bank fee due, to send a Notice of Assessment, and to place lien against the property. E. FINANCIAL BUSINESS: 1. Monthly Financial Report: The Commission accepted the financial statements for the period ending March 31, 2007. 1. Warrant Authorization - Cash Disbursements: Upon a motion made and duly seconded, it was VOTED to approve and execute the April 24, 2007, warrant document in the amount of $48,922.51 to be provided to the county treasurer. F. REGULAR BUSINESS: 1. Public Notice Review: The Director reviewed notices received since the last review. No action was taken. G. PROPERTY MANAGEMENT: 1. W anoma Way Property - Use Request: The Commission considered a request from abutters Richard and Kathleen Evans to use the Land Bank's Wanoma Way property to access their property below the bluff for the installation of leaching trenches. Upon a motion made and duly seconded, it was VOTED to approve the request subject to the abutter's agreeing to contribute $5,000 towards the planned construction of beach stairs on Land Bank property. 2. Nobadeer Farm Road - Ball Field Permitting: Bruce Perry presented a proposal from Mark Mello to provide a survey of moth habitat at the Land Bank's Nobadeer Farm Road property at a cost of$4,184. Upon a motion made and duly seconded, it was VOTED to approve Mr. Mello's proposal as presented. In addition, the Commission determined to contract for services with Kelly Cardoza of Avalon Consulting to coordinate and file permit applications with Natural Heritage for the ballfield project. 3. Cisco Beach Property - Ozone Surf Classic Event: Mr. Perry reported that he will be meeting with the organizers of the Ozone Surf Classic to discuss the event held last year and plans for the event to be held this summer. 4. Craig Property - Use Request: The Director presented a request from the Tuckernuck Land Trust to use the Craig Property parking area for parking needs of a member function at an abutter's home on July 7, 2007, between 6:00 p.m. and 8:30 p.m. Upon a motion made and duly seconded, it was VOTED to approve the request as presented. Land Bank Commission April 24, 2007 Page 4 5. Moors End Farm - Consent for Lease Assignment: After an explanation by Director Savetsky, upon a motion made and duly seconded, it was VOTED to execute a Consent for Lease Assignment from Steven and Susan Slosek to their children, Abigail and Sam Slosek for the continued use and operation of the farming activity at Moors End Farm as prepared by their representative, Jesse Glidden. 6. Maxcy Pond Property - Trail Discussion: The Commission discussed a recent site visit to the Land Bank's Maxcy Pond property and cooperative efforts between the Land Bank, the Anglers Club and abutters to create access from Cliff Road to the Old Settlers' Burial Ground. Upon a motion made and duly seconded, it was VOTED to ask staff to brush cut a walking path from the parking area to the burial ground for public use. 7. Nobadeer Farm Road Property - Tennis Club Restrictions: After reviewing the terms with Director Savetsky, the Commission authorized and executed the final restrictions amendment document for the Nantucket Tennis & Swim Club currently under agreement for purchase by the Great Harbor Yacht Club which requires that the club continue to offer 35 discounted resident memberships, hourly public access to courts, free access to the Nantucket High School Tennis team and provide a minimum of seven tennis courts for public use. 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 approval of the minutes and land acquisition. RETURN TO OPEN SESSION ADJOURNMENT: Upon a motion made and duly seconded, it was VOTED to adjourn at 6:32 P.M. Attested to: ~ Accepted, Approved, and Released by the VOTE of the Commission this 8th day of May, 2007. L<A~ 6~~ Leslie B. Johnson, Vice Chairman . . . . . . . . . ......... . ......... . ........ . ..... ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .............. ... NANTUCKET LAND BANK COMMISSION WORKSHEET UNAUDITED FINANCIAL REPORT as of March 31, 2007 ................ . ...,.......... . ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . STATEMENT OF ACCOUNTS. UNRESTRICTED FUNDS: Nantucket Bank / Operating Fund 799508888 Nantucket Bank / Collection Account 790017653 MMDT / Cash Account 44229979 TOTAL UNRESTRICTED FUNDS: APY 0.50 4.73 5.44 $6,896.87 $5,009,145.33 $6,553,208.99 $11,569,251.19 STATEMENT OF ACCOUNTS. RESTRICTED FUNDS: Miacomet Park / Nantucket Bank CD43-2790 due 7/25/07 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 4.33 4.73 4.74 5.00 5.44 $2,577,540.46 $240,744.28 $8,875.42 $1,199,324.73 $333,811.00 $650.00 $5,082,500.00 $40,841.48 $9,484,287.37 3.73 .......... . .. . . . . . . . . . . ........ . . ... . ........... , . . . . . . . . . . . . .. ............ BONDS: Principal Outstanding 1998 Series E Issue (Final principal payment 7/1/2019) $9,545,000 (A) Payment Due 7/1/2007 Payment Due 1/1/2008 (D) $222,370.00 (C) $785,432.50 ............, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .......... . .......... . NOTES / LOAN: Marble Note #19 Principal Outstanding $1,700,000 $2,000,000 Payment Schedules Annual Payments Interest of $25,768.60 due 9th of March, June, Sept, Dee: $103,074.40 Interest of $40,000 due 6/12107, & 12112107 $80,000.00 Goodwillie Note #29 (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 $4,889,867 TOTAL NOTES/LOAN: $16,589,867 (B) ............ .. . . . . . . . . . . . . . . . . . . . . . . . . ....................... . ................... . 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): $26,134,867 Total Annual Debt Payments (C) (D) & (E): $1,943,237.50 STATEMNTFY07 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 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 ofMerci 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