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
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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
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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
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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.
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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
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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)