HomeMy WebLinkAbout2008-12-11
AGENDA
Nantucket Land Bank Commission
Regular Meeting of December 11, 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 NOVEMBER 25, 2008 and SPECIAL
MEETING OF DECEMBER 4, 2008
D. PROPERTY MANAGEMENT
1. Miacomet Golf Course
2. Permitting Update - Sanguinetti, Gaillard, Chase/Ray
3. Burn Program - Training Discussion
4. Nobadeer Farm Road Property - Conservation Permit
5. Nobadeer Farm Road Property - NPTA Lease
E. TRANSFER BUSINESS
F. FINANCIAL BUSINESS
1. Monthly Transfer Statistics
2. Warrant Authorization - Cash Disbursements
3. Warrant Authorization - 1998 Series E Bond Semi-Annual Payment
4. Warrant Authorization - Miacomet Golf Course Cash Advance Request
5. Warrant Authorizatino - Nobadeer Farm Road Mitigation Fund
G. REGULAR BUSINESS
1. Annual "m" Exemption Amount Adoption
2.2009 Meeting Schedule
H. PERSONNEL MANAGEMENT
1. Property Planner/Resource Coordinator
2. Office Administrator
ADJOURNMENT
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MINUTES
Nantucket Land Bank Commission
Regular Meeting of December 11, 2008
Land Bank Meeting Room, 22 Broad Street
Nantucket, Massachusetts
CALL TO ORDER: 4:00 P.M.
PRESENT: Bartlett, Holdgate, Johnson, Reinhard, Stackpole. ABSENT: None.
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 land acquisition.
RETURN TO OPEN SESSION
B. CITIZEN BUSINESS/ANNOUNCEMENTS: None.
C. APPROVAL OF MINUTES: Upon a motion made and duly seconded, it was VOTED to accept,
approve and release the regular session minutes of November 25,2008 and special session minutes of
December 4, 2008, as written.
D. PROPERTY MANAGEMENT:
1. Miacomet Golf Course: The Director provided an update on the transition to new management
services at Miacomet Golf Course and presented a cash advance request on behalf of Moors, Inc. After
a discussion of recent repayment of previous cash advances, upon a motion made and duly seconded, it
was VOTED to approve the December 11, 2008 warrant document in the amount of $100,000 as a cash
advance to Miacomet Golf to fund course operations expenses.
2. Permitting Update - Sanguinetti, Gaillard, Chase/Ray: The Commission received a permitting
and property planning update from Mr. Perry on projects at the Land Bank's Sanguinetti, Gaillard and
Chase/Ray properties. Upon a motion made and duly seconded, the Commission VOTED to authorize
Mr. Perry to move forward with the construction of a four foot wide boardwalk on the Land Bank's
Sanguinetti property.
3. Bum Program - Training Discussion: Mr. Perry presented a volunteer opportunity for property
management staff to participate in The Nature Conservancy's bum program in West Texas for two
weeks in February, with some provision for airfare and meals. In order to gain valuable training and
experience for the Land Bank's bum program, upon a motion made and duly seconded, the Commission
VOTED to allow property management staff to take advantage of the opportunity.
4. Nobadeer Farm Road Property - Conservation Permit: The Director reported that the
permitting for the playing fields and paddle courts at the Land Bank's Nobadeer Farm Road Property
was complete. Upon a motion made and duly seconded, it was VOTED to execute the Conservation
Permit, Declaration of Restrictions, Mitigation Funding Agreement and December 11, 2008 warrant
document in the amount of $7,000 to be deposited in a separate mitigation funding account and used for
land management efforts as a requirement of the agreement.
5. Nobadeer Farm Road Property - NPTA Lease: After a discussion of the Nantucket Paddle
Land Bank Commission
December 11, 2008
Page 2
Tennis Association's (N.P.T.A.) proportionate expense of the permitting at the Land Bank's Nobadeer
Farm Road Property and the desire to set a reasonable annual lease payment for their use of the property,
upon a motion made and duly seconded, it was VOTED to execute a five-year lease with the N.P.T.A. at
$1,200 per year.
E. TRANSFER BUSINESS
1. November 2008 Transfers - Record Nos. 29462 through 29515:
a. Current "M" Exemption and Lien - No. 29490 Thomas Howard and Teresa C. Schroeder:
The Commission authorized placing a lien against the property as a result of the purchasers claiming the "M"
exemption as first-time buyers of real property.
b. Additional Information Not Provided: The Commission asked staff to request additional
information and/or documentation to support the purchasers' claim to an exemption from the Land Bank fee
for the following transfers:
No. 29500 Fishers Landing Real Estate Nominee Trust
No. 29501 Alan F. Atwood Real Estate
2. Transfer Update:
a. Additional Information Provided - No. 29422 A & B Realty Trust: Based upon the
additional information provided, the Commission found the above-referenced transfer to be in order.
b. Purchase Price Explanation Provided - No. 29404 Christopher J. Detmer and Kyra L.
Detmer: The Commission accepted the explanation and documentation provided to support the stated
purchase price on the above-referenced transfer.
3. "M" Exemption Update:
a. Domicile Non-Compliance Request - No. 26551 Christopher Ryder: Ms. Hunter explained
that on January 22,2008, the Commission voted to extend the two-year domicile requirement ofthe "M"
exemption for an additional year ending on December 29,2008, in order to give the purchaser more time to
complete renovations on his family home. The Commission acknowledged receipt of electronic
correspondence from the purchaser describing the circumstances of non-compliance and requesting a waiver
of the penalty and accrued interest since the date of transfer. After a discussion, upon a motion made and duly
seconded, it was VOTED to waive the penalty and interest and require payment of the outstanding fee based
on the purchaser's unique personal circumstances and good faith efforts to resolve the matter.
b. Two-Year Domicile Non-Compliance / Extension Request - No. 27313 Christopher Gallant:
The Commission considered a written request from the purchaser's attorney, Alison Zieff, seeking a one year
extension of the two-year domicile requirement, explaining that his plans to build had been delayed by
permitting issues. Upon a motion made and duly seconded, the Commission VOTED to rescind its Notice of
Assessment dated November 26,2008 and extend the domicile requirement period for one year ending
September 21,2009.
c. Five-Year Domicile Compliance / Releases of Liens: Upon a motion made and duly
seconded, it was VOTED to authorize the issuance of Releases of Liens for the following transfers as a result
Land Bank Commission
December 11, 2008
Page 3
of the purchasers fulfilling all of the requirements of Section 12 (-m-):
No. 23755 Garry A. Caruso
No. 23780 Pedro G. Amaral
No. 23785 Steven M. Poulin and Kathleen M. Poulin
No. 23789 Ernest W. Culkins, Jr. and Jayne D. Culkins
No. 23806 Armando D. Nazareth and Ursula K. Nazareth
d. Release of Lien / Adjustment Not Yet Paid - No. 27919 Ryan Chadwick: Upon a motion
made and duly seconded, the Commission VOTED to approve and execute a Release of Lien to be provided to
the purchaser subject to receipt of the penalty and accrued interest on the above-referenced transfer.
F. FINANCIAL BUSINESS
1. Monthly Transfer Statistics: The November 2008 transfer statistics were presented.
2. Warrant Authorization - Cash Disbursements: Upon a motion made and duly seconded, it was
VOTED to execute the December 11, 2008 warrant document in the amount of$119,406.80 to be provided to
the county treasurer.
3. Warrant Authorization - 1998 Series E Bond Semi-Annual Payment: Upon a motion made and duly
seconded, it was VOTED to approve payment and authorize staff to wire the 1998 Series E Semi-Annual
Bond Interest Payment in the amount of$208,713.75 from the Land Bank's Collection Account to the Bond
Trustee at U.S. Bank.
G. REGULAR BUSINESS
1. Annual "M" Exemption Amount Adoption: Based upon the current prices for residential real
property in the Town and County of Nantucket, upon a motion made and duly seconded, it was VOTED that
the value of the "M" exemption shall remain $400,000 for the calendar year 2009.
2. 2009 Meeting Schedule: Upon a motion made and duly seconded, it was VOTED to accept and
confirm the regularly scheduled Land Bank meeting dates for 2009.
H. 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. Office Administrator - Kathryn Hunter: 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 ofliving bringing her salary to $67,760 effective December 31,
2008.
b. Property Planner/Stewardship Coordinator - Bruce Perry: 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 of3% for longevity and 3% for cost ofliving bringing his salary to $80,814 effective
August 29, 2008.
Land Bank Commission
December 11, 2008
Page 4
Staff returned to the meeting. The Commission authorized the Director to execute Personal Change Forms
for Kathryn Hunter and Bruce Perry to be provided to the county treasurer.
ADJOURNMENT: Upon a motion made and duly seconded, it was VOTED to adjourn at 5:45 P.M.
Attested to:~ V~ ~
Allen B. Remhard, Secretary
Accepted, Approved, and Released by the VOTE of
the Commission this 13th day of January 2009.
John J. Stackpole,
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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 $2,424,906
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 $1,846,289
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 $940,470
N9yp711;Qgg)@g~I--4:14$&1~~~~;1@~.i-~7??,4~?,g~7~1~i4?~,Qg$\1
Average 92 56 36 $72,301,891 $68,256,299 $1,363,875
Low 49 39 10 $20,137,833 $19,337,833 $455,339
High 120 78 54 $128,722,279 $120,670,279 $2,424,906
M~~mHg)t)ltsg$rnf$.B.::$mal~li~~I:I~4INlg:~~II::.:::::-:.
CAL08
Month
Jan-08
Feb-08
Mar-08
Apr-08
May-08
Jun-08
Jul-08
Aug-08
Sep-08
Oct-08
Nov-08
Dec-08
..........IHR9Ngy
Average
Low
High
Total Exempt Taxable
Transfers Transfers Transfers
81
68
59
61
98
68
65
63
76
68
54
46
44
38
37
83
41
38
38
39
39
32
r@.1.:.............!i....4-'r
69 43
54 32
98 83
35
24
21
24
15
27
27
25
37
29
22
26
15
37
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Total Gross Gross Revenue
Value Value Taxable Received
$71,587,030 $68,587,030 $1,389,068
$42,748,590 $42,348,590 $858,972
$40,306,700 $39,606,700 $794,934
$36,321,250 $35,921,250 $722,425
$22,986,126 $20,986,126 $466,722
$49,391,772 $46,394,550 $929,891
$47,229,858 $46,335,111 $928,702
$84,318,085 $83,708,085 $1,678,162
$55,282,900 $54,882,900 $1,097,658
$52,249,003 $51,846,781 $1,043,786
$41,932,496 $41,532,496 $846,650
..
$49,486,710 $48,377,238 $977,906
$22,986,126 $20,986,126 $466,722
$84,318,085 $83,708,085 $1,678,162
MONTHL Y (UNAUDITED)
TRANSFER BUSINESS
Nantucket Land Bank Commission
Regular Meeting of December 11, 2008
1. November 2008 Transfers - Record Nos. 29462 through 29515:
a. Current "M" Exemptions:
No. 29490 Thomas Howard and Teresa C. Schroeder
b. Additional Information Not Provided:
No. 29500 Fishers Landing Real Estate Nominee Trust
No. 29501 Alan F. Atwood Real Estate
2. Transfer Update:
a. Additional Information Provided:
No. 29422 A & B Realty Trust
b. Purchase Price Explanation Provided:
No. 29404 Christopher J. Detmer and Kyra L. Detmer
3. "M" Exemption Update:
a. Domicile Non-Compliance Request:
No. 26551 Christopher Ryder
b. Two-Year Domicile Non-Compliance - Extension Request:
No. 27313 Christopher Gallant and Annette Tremblay
c. Five-Year Domicile Compliance and Releases of Liens:
No. 23755 Garry A. Caruso
No. 23780 Pedro G. Amaral
No. 23785 Steven M. Poulin and Kathleen M. Poulin
No. 23789 Ernest W. Culkins, Jr. and Jayne D. Culkins
No. 23806 Armando D. Nazareth and Ursula K. Nazareth
d. Release of Lien - Adjustment Not Yet Paid:
No. 27919 Ryan Chadwick
C: IWP60IMINDOCS\TRANSFER BUSINESS 08 I sf meefing.doc