HomeMy WebLinkAbout2017-6-27AGENDA
Nantucket Land Bank Commission
Regular Meeting of June 27, 2017
Land Bank Meeting Room, 22 Broad Street
Nantucket, Massachusetts
CALL TO ORDER: 3:30 P.M.
A. CONVENE IN OPEN SESSION
NANTUCKET
T N CLERK
2917 JUL 12 PM 1: 30
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1. GOLF BUSINESS
a. Sconset Golf Course — Draft 2017 Budget
b. Miacomet Golf Course — Draft 2017 Budget
c. Sconset Golf Course — Manager's Monthly Review
d. Miacomet Golf Course — Manager's Monthly Review
e. Miacomet Golf and Sconset Golf — Calendar Year Financial Reports
B. EXECUTIVE SESSION: The Executive Session is for Purpose 6 [G.L. c. 30A, 21(a)(6)J. The
particular transactions and parcels of real estate are not identified since disclosure of the
property information may have a detrimental impact on the Land Bank's negotiating position
with one or more third parties.
1. Approval of Executive Session Minutes of June 13, 2017
2. Real Estate Acquisition
C. RECONVENE IN OPEN SESSION
1. CITIZEN BUSINESS /ANNOUNCEMENTS
a. Recording of portion of June 13, 2017 Meeting
2. PROPERTY MANAGEMENT
a. Hinsdale Park/50 Old South Road — Community Health Initiative Grant —
Playground
b. Nobadeer Farm Road Property — Paddle Sports Expansion Discussion
3. APPROVAL OF MINUTES
a. Regular Meeting of June 13, 2017
4. REGULAR BUSINESS
5. TRANSFER BUSINESS
a. Current "M" Exemptions and Liens
6. FINANCIAL BUSINESS
a. Monthly Financial Report
b. Warrant Authorization — Cash Disbursements
c. Warrant Authorization — Golf Capital Expenditure Reimbursement
ADJOURNMENT
MINUTES
Nantucket Land Bank Commission
Regular Meeting of June 27, 2017
Land Bank Meeting Room, 22 Broad Street
Nantucket, Massachusetts
CALL TO ORDER: 3:30 P.M.
PRESENT: Richard Glidden, Kristina Jelleme, Neil Paterson, Allen Reinhard, John Stackpole.
STAFF PRESENT: Eric Savetsky, Executive Director; Jesse Bell, Assistant Director; Susan
Campese, Administrator /Finance Manager.
Inquirer and Mirror Reporter, Peter Sutters; NGM, Inc. President, Alan Costa; Miacomet Golf
Course Director of Agronomy, Sean Oberly; Golf Controller, Walter Lankau were also present
at call to order.
I. CONVENE IN OPEN SESSION:
A. GOLF BUSINESS:
1. Sconset Golf Course ( "SGC ") — Draft 2017 Budget: Mr. Costa reviewed the
calendar year 2017 proposed budget and explained that the large increase in cost of goods sold
was in anticipation of sales of wine and beer starting July 15`h and he projected an overall profit
of $29,000 before depreciation for the season. Upon a motion made by Commissioner Stackpole
and duly seconded by Commissioner Jelleme, it was unanimously VOTED to approve the 2017
budget as presented.
Sarah Maneikis, President of Nantucket Platform Tennis Association, entered the meeting at
3: 58 p. m.
2. Miacomet Golf Course ( "MGC ") — Draft 2017 Budget: Mr. Costa reported that
the only change he made to the proposed budget from the last meeting was to move the interest
payments from the maintenance department to the management department. He expected a big
increase in profit in the restaurant due to a large decrease in labor. Commissioner Jelleme
suggested making a balanced operating budget the goal for the 2018 budget which would
establish targets for management to meet and would make monthly reviews by the Commission
and Land Bank staff less cumbersome. Upon a motion made by Commissioner Stackpole and
duly seconded by Commissioner Glidden, it was unanimously VOTED to approve the 2017
budget as presented.
3. Sconset Golf Course — Manager's Monthly Review: The Commission received
the balance sheet and profit and loss comparison through May 2017. Mr. Lankau stated that the
course had only been open for one week, so there was not much to report.
Land Bank Commission
June 27, 2017
Page 2
4. Miacomet Golf Course — Manager's Monthly Review: The Commission
reviewed the balance sheet and profit and loss comparison through May 2017, as well as the
check register, golf rounds and cover statistics and the profit and loss departmental summary for
May 2017. Mr. Lankau explained some of the variances from the budget and the previous year,
stating there was nothing in the figures that concerned him. He pointed out that paying 2016
initiation fees over to the Land Bank for future capital expenses affected the net profit. Ms.
Campese said that should have been booked as a payable in December and therefore should not
decrease profits. Mr. Lankau said he would check with Burke and Lamb so it could be adjusted
for the June 2017 reports.
Marian Wilson, Assistant Administrator entered the meeting at 4:04 p. m.
4. MGC Small Group Function Policy — Discussion: Mr. Costa stated that in
consultation with staff, it was determined that serving Friday and Saturday dinners should be a
top priority in order to build a regular clientele. However, it was suggested that small functions
(25 to 35 people) be allowed on Friday and Saturday whenever they could be accommodated in
the side meeting room. The Commission voiced no objections to this policy.
Mr. Costa, Mr. Lankau and Mr. Oberly departed the meeting at 4:12 p. m.
B. CITIZEN BUSINESS /ANNOUNCEMENTS:
1. Recording of portion on June 13, 2017 Meeting: Chairman Paterson reported
that he had been recently made aware, after - the -fact, that a portion of the June 13, 2017 meeting
was recorded by Chloe Sanford. Chairman Paterson indicated that from this meeting forward, a
statement will be read at the outset of every meeting informing anyone intending to record the
meeting to notify the Chairman.
C. PROPERTY MANAGEMENT:
1. Hinsdale Park/50 Old South Road — Community Health Initiative Grant —
Playground: Mr. Savetsky reported that he and Ms. Bell met with the grant committee and
representatives from Maria Mitchell Association at Hinsdale Park. The Maria Mitchell
Association was interested in partnering on the project in order to incorporate a STEM (science,
technology, engineering and math) component in the playground design. Mr. Savetsky said it
was still early in the process, but he wanted the Commission to understand that the proposed
concept was growing and would likely necessitate the provision of restrooms as well be a fairly
high maintenance property.
2. Nobadeer Farm Road Property — Paddle Sports Expansion Discussion: Mr.
Savetsky explained the history of the Nantucket Platform Tennis Association ( "NPTA ") and how
there was a membership but the courts were open for public use for a small fee. Further, he
reported that he had been approached by citizens wanting to build both pickleball courts and
tennis courts. Ms. Maneikis (NPTA president) said that pickleball was one of the fastest growing
sports in the country and that people were already playing pickleball on the platform courts,
Land Bank Commission
June 27, 2017
Page 3
although it was not the proper surface and did not have the right lines for the game. She
presented a conceptual plan to add four pickleball courts to the open land behind the paddle
courts that would share the existing NPTA parking and hut. She said pickleball would be added
into the NPTA offerings and the group would fundraise to build the courts. Her plan also
included space for four tennis courts with a separate entrance and parking to be added in the
future, if there was interest and a funding source. Mr. Savetsky reminded the Commission that
this land had already been approved for outdoor recreation when the Nobadeer ball fields were
permitted.
Ms. Maneikis departed the meeting at 4:33 p.m.
The Commission responded favorably to the concept of installing pickleball courts on the
property, and further indicated that they would be amenable to providing some funds /labor for
clearing the site.
D. APPROVAL OF MINUTES: Upon a motion made by Commissioner Reinhard and
duly seconded by Commissioner Glidden, it was VOTED to accept, approve and release the
regular session minutes of June 13, 2017, as amended.
E. REGULAR BUSINESS: None.
F. TRANSFER BUSINESS:
Commissioner Glidden recused himself from the following item and departed the meeting at 4:35
P. m.
1. Transfer Hearing Decision and Determination — No. 35405 Patrick McEvoy:
Pursuant to the requirements of Massachusetts General Court Acts of 1983, Chapter 669 (the
"Act "), as amended, Section 14(a), after a discussion of the matter, a review of the proposed
decision and determination, and after a hearing held at 4:00 p.m., Tuesday, June 13, 2017, at the
Land Bank Meeting Room, 22 Broad Street, Nantucket, the Commission entered a decision and
determination. Upon a motion made by Commissioner Reinhard and duly seconded by
Commissioner Jelleme, it was VOTED that the Decision and Determination presented is
consistent with the instructions provided to staff by the Commission and therefore it was
accepted as presented. A copy of the signed Decision and Determination shall be attached to the
minutes of this meeting and incorporated therein by reference. The vote was unanimous.
Commissioner Glidden reentered the meeting at 4: 37 p. m.
2. Five -Year Domicile and Ownership Compliance — Release of Liens: Upon a
motion made by Commissioner Stackpole and duly seconded by Commissioner Glidden, it was
unanimously VOTED to execute and authorize the issuance of Release of Liens for the following
transfers as a result of the purchasers fulfilling all of the requirements of Section 12, subsection
( -m -):
No. 32771 Patricia AF Roggeveen
Land Bank Commission
June 27, 2017
No. 32772 Frederick Bisaillon and Denise Corson
No. 32780 Kimberly E. Sparks
G. FINANCIAL BUSINESS:
Page 4
1. Monthly Financial Report: The Commission accepted the May 2017 financial
report including the balance sheet and income statement previously provided by electronic
correspondence.
2. Warrant Authorization — Cash Disbursements: Upon a motion made by
Commissioner Stackpole and duly seconded by Commissioner Jelleme, it was unanimously
VOTED to execute the June 27, 2017 warrant document in the amount of $133,349.55 to be
provided to the county treasurer.
3. Warrant Authorization — Golf Capital Expenditure Reimbursement: Upon a
motion made by Commissioner Stackpole and duly seconded by Commissioner Glidden, it was
unanimously VOTED to execute the June 27, 2017 warrant document in the amount of
$16,537.75.
Mr. Sutters departed the meeting at 4:50 p.m.
II. EXECUTIVE SESSION: Upon a motion made by Commissioner Stackpole and duly
seconded by Commissioner Jelleme, it was unanimously VOTED to go into executive session in
order to discuss the purchase, exchange, lease or value of real property and review and approve
executive session minutes. A roll call vote was taken: Reinhard — Aye, Paterson — Aye, Glidden
— Aye, Stackpole — Aye, Jelleme — Aye. The Chairman under Purpose 6 [G.L. c. 30A, 21(a)(6)]
declared that discussion of these matters in open session may be detrimental to the Land Bank's
negotiating position and that the Commission would reconvene in regular session following
executive session.
IV. RECONVENE IN OPEN SESSIO
ADJOURNMENT: Upon a motion r ade by Commissioner Stackpole and duly seconded by
Commissioner Jelleme, it was unan mously VOTED to adjourn the meeting at 5:21 p.m.
Attested to:
Richard Glidden, =efary
Accepted, Approyed, and Released by VOTE
of the Commissi ,'n this 11`h day of July, 2017.
;
Neil Paterson, Chairman
NANTUCKET LAND BANK COMMISSION
22 Broad Street
Nantucket, Massachusetts, 02554
DECISION AND DETERMINATION
In the matter of:
Transfer Record No. 35405, Patrick McEvoy (the "Purchaser "),
pursuant to Notice of Assessment dated January 25, 2017, regarding
Premises at 7 Madaket Road, Nantucket, Massachusetts.
FACTS
1. Pursuant to the requirements of the 1983 Acts and Resolves of the Massachusetts General
Court, Chapter 669, as amended (the "Act "), Section 14(a), the Nantucket Islands Land Bank
Commission (the "Land Bank ") hereby enters this decision and determination, after a hearing
held 4:15 P.M., Tuesday, June 14, 2017, at the Land Bank Meeting Room, 22 Broad Street,
Nantucket. This decision and determination is based upon the Commission's record in this
matter, including evidence and documents provided at the hearing.
2. Purchaser Patrick McEvoy was not present at the hearing.
3. Land Bank Transfer Record No. 35405 involved the transfer of property located at 7
Madaket Road by deed from Peter M. Cardos and Nanette M. Cardos (the "Sellers ") to the
Purchaser for a stated purchase price of $860,000 on August 1, 2014 (the "Time of Transfer ").
4. At the Time of Transfer the Purchaser claimed the "M" exemption (the "Exemption ")
from the Nantucket Land Bank fee (the "Fee ") on the first $400,000 of the purchase price,
pursuant to Section 12 ( -m -) of the Act, as a first -time buyer of real properly.
As stated in Section 12 ( -m -) of the Act, the "M" Exemption applies to:
"...a purchaser who, or whose spouse at the time of transfer, has at no time before
the said transfer owned or possessed any real property interest as defined in section 1
either within or without Nantucket county; but the purchaser shall make the real
property interest which is the subject of the transfer the purchaser's actual domicile
within 1 year of the time of transfer, and shall remain permanently or for an
indefinite time and without any certain purpose to return to a former place of abode."
6. On August 8, 2014, the Land Bank sent Purchaser a letter (Exhibit B) reiterating the
requirements of the "M" exemption, stating in part:
Decision and Determination
Record No. 35405; McEvoy
"The exemption requires the Purchaser to make the property in question his and/or
her actual domicile within two years. The Purchaser is to own the entire
property... and remain domiciled there for at least five years. If these conditions
are not met, the Purchaser is liable for the fee exempted plus 14 percent interest
running from the time of the transfer to the time the exempted fee is paid, plus a
penalty of 5 percent of the fee due per month, not to exceed 25 percent."
7. Commencing on August 3, 2016, the Land Bank began contacting the Purchaser
questioning his compliance with the domicile requirement of the "M" exemption, since public
records reviewed by Land Bank staff indicated otherwise (See Exhibit G).
8. The Land Bank assessed a fee, together with interest and penalties, as evidenced by a
Notice of Assessment dated January 25, 2017, which was issued due to the Purchaser's non-
compliance with the domicile requirement of the "M" exemption.
9. The Purchaser requested this hearing via email on February 24, 2017 in order to
personally present his circumstances and make a specific request for relief from the penalty,
interest and the exempted fee.
10. Land Bank Assistant Director, Jesse Bell, presented the circumstances of the transfers and
provided a summary of the Commission's record on this matter.
10. The following exhibits were entered as part of the Commission's official record of this
hearing, and are incorporated herein by reference:
Exhibit A, Transfer Documents Record No. 35405, including Form 1, Form M and deed
conveying 7 Madaket Road from Peter M. Cardos and Nanette M. Cardos to Patrick McEvoy,
with a purchase price of $860,000 (claiming the "M" exemption on $400,000 of stated purchase
price), recorded at the Nantucket Registry of Deeds on August 1, 2014, as Book 1444, Page 169;
Exhibit B, Correspondence from the Nantucket Islands Land Bank to Patrick McEvoy dated
August 8, 2014, restating the requirements of the "M" Exemption;
Exhibit C, Nantucket Islands Land Bank Notice of Lien dated September 9, 2014, to Patrick
McEvoy, recorded at the Nantucket Registry of Deeds as Book 1449, Page 326 on September 10,
2014;
Exhibit D, Computer printout of Patrick McEvoy's Facebook page dated August 3, 2016 that
states Mr. McEvoy lives in New York, NY;
Exhibit E, Email Correspondence dated August 3, 2016 between Marian Wilson, Assistant
Administrator, Nantucket Land Bank to Nancy Holmes, Assistant Town Clerk of Nantucket
asking for census information for the address of Patrick McEvoy with a response from Ms.
Holmes stating that there is no information on Mr. McEvoy, and providing alternate information
Page 2 of 5
Decision and Determination
Record No. 35405; McEvoy
on the current resident of 7 Madaket Road according to voter registration records.
Exhibit F, Promotional video of 7 Madaket Road as a rental property posted by Dirty Water
Media on June 28, 2016 httys: / /www.youtube.com/watch ?v= sTzjwRrXik;
Exhibit G, Correspondence dated August 3, 2016 regarding "M" exemption non - compliance
from Allen B. Reinhard, Chairman, Nantucket Land Bank Commission to Patrick McEvoy sent
to 7 Madaket Road, Nantucket and carbon copied to the same at 1 Christopher Street, Apt 9 H,
New York, NY 10014 and carbon copied to attorney John B. Brescher. The correspondence
mailed to 7 Madaket Road, Nantucket was returned as undeliverable;
Exhibit H, Computer printout of 7 Madaket Road listed as a weekly vacation rental with Maury
People Sotheby's International Realty dated November 2, 2016 listing 7 Madaket Road as
available to rent by the week through October 2017;
Exhibit I, Correspondence dated November 4, 2016 regarding "M" exemption non - compliance
from Allen B. Reinhard, Chairman, Nantucket Land Bank Commission to Patrick McEvoy sent
to 1 Christopher Street, Apt 9 H, New York, NY 10014 and carbon copied to the same at 7
Madaket Road, Nantucket and carbon copied to attorney John B. Brescher. The correspondence
mailed to 7 Madaket Road, Nantucket was returned as undeliverable;
Exhibit J, Correspondence dated December 12, 2016 regarding "M" exemption non - compliance
from Allen B. Reinhard, Chairman, Nantucket Land Bank Commission to Patrick McEvoy sent
to 1 Christopher Street, Apt 9 H, New York, NY 10014 by certified mail with return receipt
rquested and carbon copied by regular mail to the same at 7 Madaket Road, Nantucket and
carbon copied to attorney John B. Brescher. Correspondence to 1 Christopher Street, Apt 911,
New York, NY 10014 was signed for and return receipt attached. The correspondence mailed to
7 Madaket Road, Nantucket was returned as undeliverable;
Exhibit K, Excerpts from the minutes of the Nantucket Islands Land Bank meeting on January
24, 2017 where the Commission voted to issue a Notice of Assessment to Patrick McEvoy and
place an unsubordinated lien for the fee, penalty and interest from the date of the transfer on
record at the Nantucket Registry of Deeds in the event the purchaser did not request a hearing by
February 24, 2017;
Exhibit L, Notice of Assessment from the Nantucket Land Bank Commission dated January 25,
2017, to Patrick McEvoy, and cover letter from Allen B. Reinhard, Chairman to Patrick McEvoy,
dated January 25, 2017 sent to 1 Christopher Street, Apt. 9H, New York, NY 10014 by certified
mail, return receipt requested and carbon copied to attorney John B. Brescher by regular mail;
Correspondence to 1 Christopher Street, Apt 9H, New York, NY 10014 was signed for and
return receipt attached.
Exhibit M, Email string dated February 24, 2017 through February 26, 2017 from Patrick
McEvoy to Eric Savetsky, Executive Director with responses by Susan Campese,
Administrator/Finance Manager requesting information and a hearing on the Nantucket Islands
Page 3 of 5
Decision and Determination
Record No. 35405; McEvoy
Land Bank Notice of Assessment to Patrick McEvoy with attachment of Form M, Land Bank Act
and Rules and Regulations provided to Patrick McEvoy;
Exhibit N, Nantucket Islands Land Bank Notice of Lien dated January 24, 2017, to Patrick
McEvoy, recorded at the Nantucket Registry of Deeds as Book 1581, Page 296 on March 6,
2017;
Exhibit O, Email string dated March 9, 2017 through March 11, 2017 between Susan Campese
and Patrick McEvoy requesting availability for hearing with scheduling on the Nantucket Land
Bank meeting agenda of March 14, 2017;
Exhibit P, Excerpts from the minutes of the Nantucket Islands Land Bank meeting on March 14,
2017 tabling the scheduling of the hearing until March 28, 2017;
Exhibit—Q Email dated March 27, 2017 from Patrick McEvoy to Susan Campese requesting the
hearing be scheduled on April 25, 2017;
Exhibit R, Excerpts from the minutes of the Nantucket Islands Land Bank meeting on March 28,
2017 where the Commission scheduling a hearing April 25, 2017 at the request of purchaser,
Patrick McEvoy;
Exhibit S, Email string between Susan Campese and Patrick McEvoy dated April 4, 2017
reporting that the hearing was scheduled for April 25, 2017 at 4:00 p.m.;
Exhibit T, Computer printout of Town of Nantucket Assessors database for 7 Madaket Road
showing owner of record address as 1 Christopher St # 9H, New York, NY 01220;
Exhibit U, Email string between Susan Campese and Town of Nantucket Tax Collector,
Elizabeth Brown confirming mailing address for tax bill for 7 Madaket Road as 1 Christopher St
# 9H, New York, NY 01220
Exhibit V, Email string between Susan Campese and Patrick McEvoy regarding canceling the
hearing on April 25, 2017 and rescheduling the hearing to June 13, 2017.
Exhibit W, Statement sent by Patrick McEvoy on June 13, 2017 to be read and included in the
written record of the hearing, as he was unable to attend the hearing in person.
FINDINGS
Based on the record before the Commission and information presented at the hearing, the
Commission finds as follows:
1. The intention of the Section 12 ( -m -) of the Land Bank Act is to encourage first -time
homebuyers to make Nantucket their home, by requiring them to own and permanently reside in
the property as their "actual domicile" for a period five years.
Page 4 of 5
Decision and Determination
Record No. 35405; McEvoy
2. The Purchaser failed to provide sufficient evidence to establish that he was actually
domiciled at the property.
3. The Purchaser has fulfilled the ownership but not the domicile requirement of Section
12( -m -), and thus has failed to meet the burden of proof that Transfer Record No. 35405
remained exempt from the Land Bank fee for the full five -year term.
DETERMINATION
ACCORDINGLY, the Commission hereby determines as follows regarding the Transfer:
Transfer No. 35405 is hereby determined to be a non - exempt transfer. Pursuant to the
requirements of the exemption outlined in Section 12 ( -m -) of the Act, the exempted Land Bank
fee is due, together with accumulated interest and penalties. The Land Bank fee assessed January
25, 2017 (Exhibit L) is hereby affirmed at 2% of $400,000, for a total fee of $8,000. Interest and
penalties as originally assessed shall run from the date of the transfer, being August 1, 2014.
The Commission reserves the right to hereafter revise its assessment in the best interests
of the Land Bank.
The Purchaser has the rights set forth in the Act, for further proceedings in connection
with this Decision and Determination.
WITNESS our hands and seals this 27th day of June, 2017.
NANTUCKET ISLANDS LAND BANK
By Its Commission: j
Neil
J.!Stackpole
Richard J. Gi'idden
Page 5 of 5
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DOCUMENTS AND EXHIBITS
Nantucket Land Bank Commission
Regular Meeting of June 27, 2017
1. SGC Proposed 2017 Budget
2. MGC Proposed 2017 Budget
3. SGC Financial Reports — May 2017
4. MGC Financial Reports — May 2017
5. MGC Departmental P &L Summary — May 2017
6. MGC Covers and Rounds Statistics — May 2017
7. Proposed Pickleball Court plan — Nobadeer Farm Road Property
8. Board of Appeals application for NPTA
9. Nantucket Pickleball — Proposal for Court Construction
10. Transfer Hearing Decision and Determination
11. "M" Release of Liens (see transfer business for record nos.)
12. Land Bank Financial Statements — May 2017
13. Check Warrant Summary dated June 27, 2017
14. Warrant — Golf Capital Reimbursement dated June 27, 2017
TRANSFER BUSINESS
Nantucket Land Bank Commission
Regular Meeting of June 27, 2017
1. Transfer Hearing Decision and Determination:
No. 35405 Patrick McEvoy
2. "M" Exemption Update:
a. Five -Year Domicile and Ownership Compliance — Release of Lien:
No. 32771 Patricia AF Roggeveen
No. 32772 Frederick Bisaillon and Denise Corson
No. 32780 Kimberly E Sparks