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HomeMy WebLinkAbout2007-11-13 AGENDA Nantucket Land Bank Commission Regular Meeting of November 13, 2007 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER Minutes of the regular meeting October 23, 2007 A. CITIZEN BUSINESS/ANNOUNCEMENTS B. PROPERTY MANAGEMENT 1. Miacomet Golf Course C. TRANSFER HEARING 1. No. 28033, Keith P. Brown - Additional Information Submitted D. TRANSFER BUSINESS E. FINANCIAL BUSINESS 1. Monthly Transfer Statistics 2. Warrant Authorization - Cash Disbursements 3. Acquisition Bond Issuance Discussion ~ -.., 0 c::J ;;il~~:: C"':l - C, N r-- rq ~ ::rJ : :;.:'I.'~' --" N 0 F. REGULAR BUSINESS 1. Public Notice Review G. PROPERTY MANAGEMENT 1. Nobadeer Farm Road Property - Paddle Tennis Discussion 2. Gaillard Property - Lease Extension Discussion 3. Wanoma Way/Tom Nevers Property - Abutter Letters of Concern 4. Tetawkirnrno Property - Encroachment Discussion 5. Greene Property - Septic System Discussion H. PERSONNEL MANAGEMENT 1. Personnel Regulations Discussion EXECUTIVE SESSION ADJOURNMENT e :::0 C) MINUTES Nantucket Land Bank Commission Regular Meeting of November 13,2007 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER: 4:00 P.M. PRESENT: Johnson, Reinhard, Stackpole. ABSENT: Bartlett, Gardner. Minutes of the regular meeting held October 23,2007: Upon a motion made and duly seconded, it was VOTED to accept, approve, and release the minutes of October 23,2007, as written. A. CITIZEN BUSINESS/ANNOUNCEMENTS: None. B. PROPERTY MANAGEMENT: 1. Miacomet Golf Course: a. Golf Course Renovations Discussion: Charlie Passios presented an opinion from golf course architect Howard Maurer regarding the 13th green's location, size and height relative to the forward tee on hole #14. b. Operations Update: Mr. Passios provided an update on restaurant and golf shop operations and reported that a preliminary 2008 draft budget would be presented at the next meeting. c. Golf Course Renovations Update: Mr. Passios provided an update on the 9-hole renovation project and summarized Change Order #002 for hydro-mulching of the secondary rough, Change Order #003 for a drainage change to hole #13 and Change Order #004 for a credit to the drainage budget. Upon a motion made and duly seconded, it was VOTED to authorize the Director to execute Change Order #002 in the amount of $28,038.40, Change Order #003 in the amount of $15,496 and Change Order #004 for a credit in the amount of $2,700. d. Golf Shop Relocation Update: Mr. Passios presented layout plans for the relocation of the golf shop to the administration building and reported that a budget would be provided once cost estimates are received for finishes, fixtures and displays. Commissioner Johnson commented that she feels strongly that the project should be completed in the spring. C. TRANSFER HEARING POSTPONEMENT REQUEST - No. 28033 Keith P. Brown- Additional Information Submitted: Ms. Hunter reported that the purchaser has requested a postponement of the hearing to November 27,2007, and has submitted additional documentation. Based upon review of the newly submitted documentation, upon a motion made and duly seconded, it was VOTED to accept the purchaser's claim to the "K" exemption, to rescind the Commission's September 28,2007, Notice of Assessment and to find the transfer to be in order. D. TRANSFER BUSINESS: 1. Transfer Hearing Request - No. 28483 The Nantucket Dreamland Foundation: Ms. Hunter reported that The Nantucket Dreamland Foundation has requested a refund on their October 3,2007, purchase at 18 Easy Street and 17 S. Water Street (Dreamland Theater). The Dreamland Foundation wishes to retroactively claim the "G" exemption on the transfer although they were not at the time of .Land Bank Commission November 13,2007 Page 2 transfer and are not now a tax-exempt entity. Verbal representations have been presented to Land Bank staff and Land Bank counsel Valerie Swett by representatives for the Foundation that they are organized as a Delaware non-profit entity and will file for their status as tax-exempt but written documentation of the filing or any other documentation has not been provided. Based upon correspondence dated October 30,2007, from Philipe LaFonte, Director, and Peter Palandjian, Officer, the Commission agreed to schedule a hearing at a meeting to be held on January 8, 2008, and to ask Attorney Swett to respond to the Foundation scheduling the hearing and seeking written verification prior to the hearing of the non-profit status of The Dreamland Foundation and other factual basis for a possible "G" exemption. 2. Litigation Update - No. 26977 Bruce A. Issadore and John J. Englert, No. 26947 Bruce H. Poor: Ms. Hunter provided an update of recent activities on the matter and reported that Land Bank council has filed a motion to consolidate the two complaints. 3. Transfer Record Nos. 28469 through 28573: The Commission reviewed transfers for the period of October 1, 2007, through October 31, 2007. a. Form B and/or Additional Information Required - No. 28493 Antonio Blasi, Lisa McNanna, John Blasi and John Blasi, Trustee of the A. Blasi, L.M. and J.B. Realty Trust: The Commission asked staffto request a completed Form B and/or additional information from the purchasers. b. Current "M" Exemptions and Liens: The Commission authorized placing liens against the following as a result of the purchasers claiming the "M" exemption as first time buyers of real property: No.28481 Ryan P. Dobbins and Gage S. Dobbins No. 28482 Patrick Moran and Lori A. Moran No. 28484 Michael P. McInerney and Phyllis L. McInerney No. 28505 Maytawee Thairat and Maturod Thairat No. 28510 Timothy Brannigan and Marie Brannigan No. 28544 Lindsay Mohr No. 28567 Neil E. Martila and Andrea L. Russell 4. Transfer Update: a. Form B and/or Additional Information Provided - No. 28181 James R. Tallman and Carl D. Eisenmann, Trustees Mariner House Condominium Association Realty Trust: Based upon the additional information provided by the purchaser, the Commission found the above referenced transfer to be in order. b. Review Response to Inquiry - No. 28241 Fargo Thompson, Trustee Wauwinet Road Nominee Trust: Ms. Hunter summarized the transfer and presented recently received correspondence from the purchaser. The Commission asked staff to request a signed affidavit from all the parties attesting to the details of the transfer. 5. "M" Exemption Update: Land Bank Commission November 13, 2007 Page 3 . a. Two-Year Domicile Non-Compliance - No. 26067 Donna Wyland: Based upon the purchaser's failure to provide the requested information and a failure to comply with the domicile requirements of the "M" 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 due on the amount exempted at the time of purchase and to send a Notice of Assessment of fee due together with penalty and interest. E. FINANCIAL BUSINESS: 1. Monthly Transfer Statistics: The October 2007 transfer statistics were presented to the Commission. 2. Warrant Authorization - Cash Disbursements: Upon a motion made and duly seconded, it was VOTED to execute the November 13,2007, warrant document in the amount of$68,375.09 to be provided to the county treasurer. 3. Acquisition Bond Issuance Discussion: The Director provided an update on the December 2007 Bond Issuance including a tentative preparation schedule and disbursement plan and reminded the Commission of the Land Bank's special meeting to be held on December 4,2007, to execute certain required bond documentation. F. REGULAR BUSINESS: 1. Public Notice Review: The Director reviewed public notices received since the last review. No action was taken. G. PROPERTY MANAGEMENT: I. Gaillard Property - Lease Extension Discussion: The Commission discussed the terms of the lease extension granted to Michael Gaillard for the Land Bank's Gaillard house and agreed not to charge rent but to require full access to the property during the lease in order to begin the planning and permitting process for renovations. 2. Wanoma Way/Tom Nevers Property - Abutter Letters of Concern: The Commission acknowledged receipt of correspondence from Wanoma Way/Tom Nevers abutter, Katherine VanGreenby expressing concern regarding the steepness of the proposed stairs and requesting a parking area at the property. 3. Tetawkimmo Property - Encroachment Discussion: The Commission reviewed correspondence from Melissa Philbrick, representative for the Tetawkimmo Homeowners Association, expressing concern over the expansion/encroachment of the Holdgate Partners, Inc. pit onto Land Bank property. The Commission asked the Director to send a letter to the Holdgate Partners Inc. asking them to discontinue any and all activity on Land Bank property and to restore and stabilize the eroded slope. 4. Nobadeer Farm Road Property - Paddle Tennis Discussion: Representatives of the Nantucket Paddle Tennis Association (N.P.T.A.), Margaretta Andrews and Luke Thornewill, were in Land Bank Commission November 13,2007 Page 4 attendance to present a site plan and hut design for the proposed paddle tennis facility at the Land Bank's Nobadeer Farm Road property. Mr. Savetsky reported that he will ask Land Bank counsel to begin drafting an agreement of understanding between the Land Bank and the N.P.T.A. The Commission approved the site plan and building design as presented and authorized N.P.T.A. to move forward with the permitting process for application to the Planning Board and the Historic District Commission. The Director disclosed that he and Land Bank employees Craig Hunter and Jeffrey Pollock and Commissioner Johnson are members of NP. TA. 5. Greene Property - Septic System Discussion: The Director reported on recent discussions with attorney Melissa Philbrick, legal representative for the Greenes, and summarized their request that the septic system for their residence be allowed to remain on Land Bank property with an ability to replace the system should it fail or require an upgrade. Upon a motion made and duly seconded, it was VOTED to approve the request subject to no substantial increase to the existing groundcover of the residence over 50 square feet. 6. Walker Property - Use Request: Commissioner Stackpole presented a request to use the Land Bank's Walker Property for a fire department oil spill boom launching drill tentatively scheduled for the end of November. Upon a motion made and duly seconded, it was VOTED to approve the request. H. PERSONNEL MANAGEMENT: 1. Personnel Regulations Discussion: The Director initiated a discussion and review of the revised draft Land Bank personnel rules and regulations. Ms. Hunter highlighted significant wording or proposed amendments for the Commissioners' consideration. The matter was continued for discussion at a later date when all members are present. Land Bank employees voluntarily left the meeting at this time. I. PROPERTY MANAGEMENT (continued): Land Bank employees returned to the meeting at this time. 1. Bamber/West Miacomet Road Property - Housing Discussion: The Director presented a detailed list of all Land Bank rental houses and the Commission discussed housing needs for golf course and Land Bank employees. J. 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 minutes and land acquisition. RETURN TO OPEN SESSION J. PERSONNEL MANAGEMENT (continued): Land Bank Resource Planner/ Ecologist Position Land Bank Commission November 13,2007 Page 5 ..' Review: Commissioner Stackpole stated that after a review and discussion of the resource planner/ecologist position, upon a motion made and duly seconded, it was VOTED to increase Bruce Perry's salary to $6,000 retroactively, effective as of May 29, 2007. ADJOURNMENT: Upon a motion m and duly seconded, it was VOTED to adjourn at 6:35 P.M. Attested to: A len B. Reinhard, Secretary Accepted, Approved, and Released by the VOTE of the Commission this day of December 2007. ... TRANSFER BUSINESS Nantucket Land Bank Commission Regular Meeting of October 13,2007 I. Transfer Hearing - Additional Information Provided and Hearing Postponement Request: No. 28033 Keith P. Brown 2. Transfer Hearing Request: No. 28483 The Nantucket Dreamland Foundation 3. Litigation Update: No. 26977 Bruce A. Issadore and John J. Englert No. 26947 Bruce H. Poor 4. October Transfers - Record Nos. 28469 through 28573: a. Form B and/or Additional Information Required: No. 28493 Antonio Blasi, Lisa McNanna, John Blasi and John Blasi, Trustee of the A. Blasi and L.M. and J.B. Realty Trust b. Current "M" Exemptions: No. 28481 Ryan P. Dobbins and Gage S. Dobbins No. 28482 Patrick Moran and Lori A. Moran No. 28484 Michael P. McInerney and Phyllis L. McInerney No. 28505 Maytawee Thairat and Maturod Thairat No. 28510 Timothy Brannigan and Marie Brannigan No. 28544 Lindsay Mohr No. 28567 Neil E. Martila and Andrea L. Russell 5. Transfer Update: a. Form B and/or Additional Information Provided: No. 28181 James R. Tallman and Carl D. Eisenmann, Trustees Mariner House Condominium Association Realty Trust b. Review Response to Inquiry: No. 28241 Fargo Thompson, Trustee, Wauwinet Road Nominee Trust 6. "M" Exemption Update: a. Two- Year Domicile Noncompliance: No. 26067 Donna Wyland .. CAL06 Total Exempt Taxable Total Gross Gross Revenue Month Transfers Transfers Transfers Value Value Taxable Received Jan-06 106 59 47 $105,705,774 $104,705,774 $2,094,115 Feb-06 87 54 33 $52,792,786 $51,532,000 $1,038,640 Mar-06 104 63 41 $81,793,500 $80,393,500 $1,607,870 Apr-06 78 44 34 $73,440,925 $69,424,975 $1,388,500 May-06 96 50 46 $91,696,267 $90,991,600 $1,821,832 Jun-06 79 39 40 $78,671,608 $77,871,608 $1,557,432 Jul-06 66 34 32 $65,734,501 $64,334,501 $1,286,690 Aua-06 75 49 26 $48,890,581 $46,838,137 $938,763 Sep-06 76 37 39 $107,911,581 $106,311,581 $2,137,232 Oct-06 97 58 39 $91,989,800 $77,540,800 $1,558,816 Nov-06 90 50 40 $82,332,701 $80,332,701 $1,610,654 Dec-06 118 81 37 $37,325,299 $35,325,299 $711,098 THRU OCT 06 864 487 377 798,627,322 769,944,476 15,429,890 Averaae 89 52 38 $76,523,777 $73,800,206 $1,479,303 Low 66 34 26 $37,325,299 $35,325,299 $711,098 High 118 81 47 $107,911,581 $106,311,581 $2,137,232 CAL07 Total Exempt Taxable Total Gross Gross Revenue Month Transfers Transfers Transfers Value Value Taxable Received Jan-07 91 50 41 $80,227,513 $78,730,747 $1,575,890 Feb-07 49 39 10 $20,137,833 $19,337,833 $455,339 Mar-07 90 45 45 $75,366,310 $74,206,310 $1,543,701 Apr-07 103 68 35 $71,652,750 $61,309,417 $1,230,188 May-07 74 47 27 $51,842,265 $48,277,265 $969,545 Jun-07 116 78 38 $47,673,5431 $44,030,543 $888,664 Jul-07 74 42 32 $51,678,861 $49,178,861 $987,577 Aug-07 120 73 47 $128,722,279 $120,670,279 $2,426,406 Sep-07 104 50 54 $111,793,300 $104,773,300 $2,099,466 Oct-07 105 56 49 $106,491 ,448 $101,741,448 $2,042,289 Nov-07 Dec-07 THRU OCT 07 926 548 378 $745,586,102 $702,256,002 $14,219,066 Averaae 93 55 38 $74,558,610 $70,225,600 $1,421,907 Low 49 39 10 $20,137,833 $19,337,833 $455,339 Hiah 120 78 54 $128,722,279 $120,670,279 $2,426,406 MONTHL Y (UNAUDITED)