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Home My WebLink About2008-08-12 AGENDA Nantucket Land Bank Commission Regular Meeting of August 12, 2008 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER A. EXECUTIVE SESSION B. CITIZEN BUSINESS/ANNOUNCEMENTS C. MINUTES OF THE REGULAR MEETING OF JULY 22, 2008 D. PROPERTY MANAGEMENT 1. Apthorpe Property - Usage Discussion 2. Milestone Road Property - Fire Break Request 3. Ladies Beach - Use Request 4. Mt. Vernon Farms Property - Use Request 5. Fair Street Property - Project Update 6. Miacomet Pond Beach - Use Request E. TRANSFER BUSINESS F. FINANCIAL BUSINESS 1. Monthly Transfer Statistics 2. Warrant Authorization - Cash Disbursements G. PERSONNEL MANAGEMENT 1. Annual Review - Jeff Pollock 2. Annual Review - Eric Savetsky ADJOURNMENT c___ -L.- d co ::r::> c= GJ N --.I ~ --" W --.I MINUTES Nantucket Land Bank Commission Regular Meeting of August 12, 2008 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER: 4:05 P.M. PRESENT: Gardner, Johnson, Reinhard, Stackpole. ABSENT: Bartlett. A. 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. Commissioner Bartlett entered the meeting at this time. RETURN TO OPEN SESSION B. CITIZEN BUSINESS/ANNOUNCEMENTS: The Commission acknowledged receipt ofa signed letter regarding Nantucket homeowner Bruce Percelay. c. APPROVAL OF MINUTES: Upon a motion made and duly seconded, it was VOTED to accept, approve, and release the regular session minutes of July 22, 2008, as written. D. PROPERTY MANAGEMENT: 1. Apthorpe Property - Usage Discussion: The Director informed the Commission that trespassing and noise complaints had been received by abutters of the Apthorpe Property and remedies were discussed. The Commission asked the Director to speak with the manager of the Star-of-the-Sea Youth Hostel to ask their guests to be respectful of the neighbor's boundaries and rights to quiet enjoyment. 2. Milestone Road Property - Fire Break Request: The Commission denied a request from the Sesapana Road subdivision residents to mow a fire break on the abutting Milestone Road property and suggested that they explore alternatives for creating wildfire prevention on the subdivision's easterly side of Tawpoot Road. 3. Ladies Beach - Use Request: The Commission considered a request from Susan Warner of Nantucket Clambake to hold an event on the Land Bank's Ladies Beach property for 40 guests with table seating on Tuesday, August 26, 2008 at 5 p.m. Upon a motion made and duly seconded, the Commission VOTED to approve the request as presented. In addition, the Commission discussed requesting a donation from Ms. Warner in the future based upon the impacts on the dirt roads from the significant number of event requests. 4. Mt. Vernon Farm Property - Use Request: The Commission considered a request from Melissa Wickser to use the Mt. Vernon Farm property for a horseback riding clinic on Saturday, September 13 and Sunday, September 14,2008. Upon a motion made and duly seconded, the Commission VOTED to approve the request as presented conditional upon receipt of a copy of the instructor's insurance policy with the Land Bank named as additionally insured and all participants sign a liability waiver. Land Bank Commission August 12, 2008 Page 2 5. Fair Street Property - Project Update: The Director provided an update on revisions made to the application currently before the Historic District Commission (H.D.C.) for improvements to the property and reported that landscape architect David Bartsch would provide the additional information and revisions to the H.D.C. for approval. 6. Miacomet Pond Beach - Use Request: The Commission considered a request from Kirsten Congleton to hold a birthday party on the Land Bank's Miacomet Pond Beach for 35 guests on Sunday, August 17, 2008 at 3 p.m. Upon a motion made and duly seconded, the Commission VOTED to approve the request as presented. E. TRANSFER BUSINESS: 1. Transfer Record Nos. 29190 through 29254: The Commission reviewed transfers for the period of July 1,2008, through July 31,2008. 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. 29218 Elizabeth M. Walsh and William P. Sullivan No. 29202 Diarmuid O'Mahoney 2. Transfer Update: a. Additional Information Provided: Based upon the additional information provided, the Commission found the following transfers to be in order: No. 29154 HHE Nominee Realty Trust No. 29157 Bruce M. Taylor and Jackie S. Taylor Family Trust b. Purchase Price Accepted - No. 29176 53 Orange Street Partners LLC: Based upon the additional information and documentation provided, the Commission accepted the purchaser's explanation of the purchase price and found the matter to be in order. 3. "M" Exemption Update: a. Two- Year Domicile Compliance - No. 26066 Saulius and Donata Vizgintas: The Commission found the matter to be in order based upon receipt of correspondence verifying the purchaser's compliance with the two-year domicile requirement of the "M" exemption. Land Bank Commission August 12,2008 Page 3 b. Two-Year Domicile Non-Compliance - No. 26711 Joseph Wright, Janice E. Wright and Robert B. Wright: Ms. Hunter reported that the purchasers failed to discharge the outstanding land bank fee, together with accrued interest and penalty, which were due by August 8, 2008 in accordance with the terms of an extension granted by the Commission at its meeting of June 24, 2008. Upon a motion made and duly seconded, the Commission VOTED to authorize staff to send a Notice of Assessment for the outstanding Land Bank fee due plus penalty and accrued interest since the date of the transfer to the purchasers based upon a failure to comply with the domicile requirement of the "M" exemption. c. Transfer Discussion - No. 25892 Jennifer M. Kuhn: The Commission reviewed written correspondence from Jennifer M. Kuhn regarding her ability to comply with the five-year home ownership requirement of the "M" exemption and requesting a waiver of the penalty and interest that would become due on the proposed sale of her property. Upon a motion made and duly seconded, the Commission VOTED to approve the request based upon the combination of Ms. Kuhn's extraordinary financial hardship and the property's designation as a permanently restricted covenanted second dwelling. F. FINANCIAL BUSINESS: 1. Monthly Transfer Statistics: The July 2008 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 August 12, ~008 warrant document in the amount of$98,287.33 to be provided to the county treasurer. G. PERSONNEL MANAGEMENT: 1. Annual Reviews: Staff voluntarily left the meeting at this time. The Commission continued their discussion regarding compensation for Land Bank employees. a. Property Supervisor - Jeffrey Pollock: Based on a favorable review and recommendation from the Director, upon a motion made and duly seconded, it was VOTED to approve an annual salary increase of 5% for merit and 3% for cost of living bringing his salary to $73,273 effective August 4, 2008. b. Director - Eric Savetsky: Based on a favorable review by the Commission, upon a motion made and duly seconded, it was VOTED to approve an annual salary increase of 3% for longevity and 3% for cost ofliving bringing his salary to $107,965 effective August 4, 2008. Staff returned to the meeting. The Commission authorized the Director to execute Personnel Change Forms for Jeffrey Pollock and Eric Savetsky to be provided to the county treasurer. Land Bank Commission August 12,2008 Page 4 ADJOURNMENT: Upon a motion mad and duly seconded, it was VOTED to adjourn at 6:15 P.M. Attested to: A Accepted, Approved, and Released by the VOTE of the Commission this 26th day of August, 2008. bd IYIQN1;HgmmR~~FgR~illA:]J$m,p$9~~gt;U~ABgPQZ:)<;;; 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 $47,673,543 $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 $1 01 ,741 ,448 $2,042,289 Nov-07 94 58 36 $72,763,084 $70,196,084 $1,404,462 Dec-07 87 70 17 $49,273,500 $46,623,500 $940,47~ Tun" .""n7 ; " )$;39 ..... . <t:7&;:~nonR ;"",n \l.:'.l O';:jl .,. ; )!-'l n .. .. ... Average 92 56 36 $72,301,891 $68,256,299 $1,380,333 Low 49 39 10 $20,137,833 $19,337,833 $455,339 High 120 78 54 $128,722,279 $120,670,279 $2,426,406 MdN'tAlliMmAANSftee;.S'tA'tISmICSCAl..ENOAJ:t200Sn:...;))>><>;;;;.;.;.;.......... ............-................ ........... ............................................................ ....'............. .................,....................... .............. .........,....... ........... ..-....... ................,............. .............................................. CAL08 Total Exempt Taxable Total Gross Gross Revenue Month Transfers Transfers Transfers Value Value Taxable Received Jan-08 81 46 35 $71,587,030 $68,587,030 $1,389,068 Feb-08 68 44 24 $42,748,590 $42,348,590 $858,972 Mar-08 59 38 21 $40,306,700 $39,606,700 $794,934 Apr-08 61 37 24 $36,321,250 $35,921,250 $722,425 -- May-08 98 83 15 $22,986,126 $20,986,126 $466,722 Jun-08 68 41 27 $49,391,772 $46,394,550 $929,891 Jul-08 65 38 27 $47,229,858 $46,335,111 $928,702 Aug-08 -- Sep-08 Oet-08 Nov-08 Dee-08 ... "'''''' . .. ... ...... ... ........."."" 71L1 "7/'\.... ..... , c,'C . Average 71 47 25 $44,367,332 $42,882,765 $870,102 _.~ Low 59 37 15 $22,986,126 $20,986,126 $466,722 High 98 83 35 $71,587,030 $68,587,030 $1,389,068 -'---- MONTHL Y (UNAUDITED) TRANSFER BUSINESS Nantucket Land Bank Commission Regular Meeting of August 12, 2008 1. July 2008 Transfers - Record Nos. 29190 through 29254: a. Current "M" Exemptions: No. 29218 Elizabeth M. Walsh and William P. Sullivan No. 29202 Diarmuid O'Mahoney 2. Transfer Update: a. Additional Information Provided: No. 29154 HHE Nominee Realty Trust No. 29157 Bruce M. Taylor and Jackie S. Taylor Family Trust b. Purchase Price Verified: No. 29176 53 Orange Street Partners LLC 3. "M" Exemption Update: a. Two-Year Domicile Compliance: No. 26066 Saulius and Donata Vizgintas b. Two-Year Domicile Non-Compliance: No. 26711 Joseph Wright, Janice E. Wright and Robert B. Wright c. Transfer Discussion: No. 25892 Jennifer M. Kuhn C:IWP60\MiNDOCSITRANSFER BUSiNESS 08 ist meeting.doc