HomeMy WebLinkAbout2018-4-24AGENDA
Nantucket Land Bank Commission
Regular Meeting of April 24, 2018
Land Bank Meeting Room, 22 Broad Street
Nantucket, Massachusetts
CALL TO ORDER: 3:00 P.M.
A. CONVENE IN OPEN SESSION
NANTUCKET
TOWN CLERK
2011 MAY -9 PM 3= Za
1. PUBLIC COMMENT / STAFF ANNOUNCEMENTS
a. Palliative and Supportive Care on Nantucket — Banner Request (Staff Approved)
2. GOLF BUSINESS
a. Miacomet Golf Course Clubhouse — Project Update
b. Miacomet Golf Course Temporary Facilities Relocation — Bid Review
c. Sconset Golf Course — Manager's Monthly Review: March
d. Miacomet Golf Course — Manager's Monthly Review: March
e. Miacomet Golf Course Dormitory and Clubhouse — Executive Office of Energy and
Environmental Affairs Lack of Response to Repeated Attempts to Communicate
3. PROPERTY MANAGEMENT
a. Hinsdale Park and Playground — Update
4. APPROVAL OF MINUTES
a. Regular Meeting of April 10, 2018
5. TRANSFER BUSINESS
a. "M" Exemption Update — Release of Liens
b. "M" Exemption Ownership Non -Compliance — Record No. 39393
c. "C" Exemption Non -Compliance — Record No. 39456
6. FINANCIAL BUSINESS
a. Monthly Financial Report
b. Warrant Authorization — Cash Disbursements
7. REGULAR BUSINESS
a. Annual Election of Officers
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. The Commission will not reconvene in open session at the
conclusion of executive session.
1. Approval of Executive Session Minutes of March 15, 2018, March 27, 2018 and April 10,
2018
2. Real Estate Acquisition
ADJOURNMENT
Land Bank Commission
April 24, 2018
Page 2
approval by the Commission, the move would be scheduled for June 5th with a rain date of June
6th and a deadline to complete all work by June 22nd. Mr. Costa was asked when the facilities
would be open for business and he replied that if he could do some of the work before June 22nd
then it would be within a few days of that, however if he could not access the buildings he
expected it would take two weeks to complete the required work. Chairman Paterson asked Mr.
Costa to send out a progress update to the MGC members. Mr. Savetsky said he expected
insurance to pay for one half to three quarters of cost of the move. After some discussion, upon a
motion made by Commissioner Jelleme and duly seconded by Commissioner Reinhard, it was
VOTED to accept the bid from Barrett Enterprises and to authorize Mr. Savetsky to execute the
contract. Commissioner Stackpole abstained from the vote.
3. Sconset Golf Course ("SGC") — Manager's Monthly Review: The Commission
reviewed the balance sheet and profit and loss comparison through March 2018. Mr. Lankau
explained that expenses were a little higher than last March, but that was due to timing of
payments and the new payroll company was now allocating the payroll expenses directly to SGC
in real time so there was no delay caused by journal entries.
4. Miacomet Golf Course — Manager's Monthly Review: The Commission
reviewed the balance sheet and profit and loss comparison through March 2018, as well as the
check register and departmental profit and loss summary for March 2018. Mr. Lankau noted that
despite the lack of golf income due to weather they were ahead of 2017 and ahead overall in all
department of the projected budget. Mr. Costa said there were 30 new members and the
membership count currently stood at 394 but he expected it to be full soon as there were 160
people on the waiting list. Mr. Lankau presented a cash monitoring report and pointed out some
variations on the monthly summary report. It was the consensus of the Commission to simplify
by removing the current month and prior year month from the report. Mr. Costa informed the
Commission that the USGA was very interested in holding Mid -Am tournament at MGC and
Sankaty Golf in 2021. Hosting the tournament would mean closing down the course for a few
days with no spectators allowed. The event was considered to be very prestigious but it would
not yield any income to MGC. He would update the Commission once he had more information.
5. Miacomet Golf Course Dormitory and Clubhouse — Executive office or Energy
and Environmental Affairs ("EEA") Lack of Response to Repeated Attempts to Communicate:
Mr. Savetsky stated that all emails and calls have gone unanswered from EEA, and therefore
counsel was recommending that the Commission vote to proceed with construction of both the
employee dormitory and clubhouse projects under the independent statutory authority of Chapter
270 of the Acts of 1994 (the "Golf Act"), and to notify EEA of its intentions accordingly.
Commissioner Jelleme read some background information for the record and made
motion to authorize Land Bank staff to move forward with Phase 2 of the contract for
construction of the dormitory under the Commission's existing statutory authority
contained in the Golf Act. Upon the motion made by Commissioner Jelleme and duly
seconded by Commissioner Stackpole, it was unanimously VOTED to move forward as
stated in the motion.
Land Bank Commission
April 24, 2018
Page 4
2. "M" Exemption Ownership Non-Compliance/Notice of Assessment — No.
39393 Jose Regalado and Blanca Tejada de Regalado: Ms. Campese explained that the property
was purchased on February 1, 2018 and Mr. and Mrs. Regalado claimed the "M" exemption.
Subsequently on February 25, 2018 one-third interest in the property was transferred to Mr.
Regalado's sister who was not eligible to claim the "M" exemption. Referring to Section 12(-m-)
of the Land Bank Act, Ms. Campese indicated that the terms of the "M" exemption prohibit
subsequent transfers of the exempted property within the five-year term, except for the transfer
of a mortgage to an institutional lender. Further, Ms. Campese explained the timing of the
transfer suggested an intent to evade a portion of the Land Bank fee and told the Commission
they could choose to include a fraud penalty in the Notice of Assessment. Pursuant to this
statutory violation, upon a motion made by Commissioner Reinhard and duly seconded by
Commissioner Jelleme, it was unanimously VOTED to issue a Notice of Assessment for the
outstanding Land Bank fee plus penalty and interest accrued since the date of the transfer.
3. "C" Exemption Non-Compliance/Notice of Assessment — No. 39456 Jose
Regalado, Blanca Tejada de Regalado, Berta Regalado: Ms. Campese explained that in seeking
information regarding No. 39393 from Jose Regalado and Blanca Tejada de Regalado on why
they had transferred real interest in 18 Bailey Road to Berta Regalado she received a written
explanation from the original purchasers that they had transferred the interest to Berta Regalado
because she had paid for significant repairs on the property and they wanted her to receive her
investment back in the future. Ms. Campese explained to the Commission that explanation
invalidated the "C" exemption as it is not considered a gift if the transfer recipient invested in the
property. Upon a motion made by Commissioner Reinhard and duly seconded by Commissioner
Jelleme, it was unanimously VOTED to issue a Notice of Assessment for the outstanding Land
Bank fee plus penalty and interest accrued since the date of the transfer.
F. FINANCIAL BUSINESS:
1. Monthly Financial Report: The Commission accepted the March 2018 financial
report including the balance sheet and income statement previously provided by email.
2. Warrant Authorization — Cash Disbursements: Upon a motion made by
Commissioner Stackpole and duly seconded by Commissioner Reinhard, it was unanimously
VOTED to execute the April 24, 2018 warrant document in the amount of $104,292.40 to be
provided to the county treasurer.
Mr. Sutters departed the meeting at 4:45 p.m.
G. REGULAR BUSINESS:
1. Annual Election of Officers: Upon a motion made by Commissioner Stackpole
and duly seconded by Commissioner Reinhard the following slate of officers were elected:
Neil Paterson Chairman
Allen B. Reinhard Vice Chairman
F— 00
W
W C)
= N
� r
Y <"
O>
Z
O o
N
m
O O
U a
W
Y �
Q Q
00 U
Q Z
J U-
F -
W W
Y F,
U
Z Q
Z Z)
❑
J
W o O o
} O -7 O
O O
❑
J
W O O O
} O V O
O O
N
W
M pp M O O N W M M r m M O O M
o� — m N cD rn v M o r O v N
C) C) N V M M � N N N O
N cD M fA N V (D M
M N r o Mr-- r o M r M
ri r LO o r OLn ro m M a O
M M _ N N LD N r
r bg U) ce fA 69 (Y) Efi N O CO
Cl) ry N D N
N U3 EA 49 (D
W _
M
eA
r o r v m m rn v o
tD r r O V N V M N O
(D O Lo M M D1 Lo V' N M O
N M vM) o� o� c o � M
pp pQ .-- O r O N M O d) (D
O) N r N N NdT �
N r M Q3, EA (A (A O) (A
N N N
N 69 A
0
O
Lo Q
co (.0
�
rz
DD C L()
x = Cl)
lL Q X
O
O U ❑
U-
0-0 0_ ❑
OUco w
F-
�c
c c c c
m M m ~
comm w
N O of
z
U U U D
C c C F
M M M O
Z Z Z F-
❑
J
W O O O o o O O O O )1')
O 0 0 0 O O O O
J
W O O O O O O O O O cn
} r N O r(9 V V V (D
.- O O O O O 0 0 0
d
W
r pp
Ln
M CD
M �p
00 CD
O (D
LO M
0
to
YLn
r
V
N x
3
V 0
N co
U
0
E o LU o
C
N
(% V7
oN W
z a L c
a).0
o LL CU
n U CO CO � N Q
co LO
x x 3 u' Q
(n (h U N w m
N N :3 U)
m U M
2�a vOi ��UJ— C:
(A N C W LU z-- M 0_ Co N
_0 -o == m 2 � vi
c c LL 2E @U� m -r- ❑
Q Q:-cnZ0Z0ZLL
N N 7 Y Y Y Y Y Y ��_ W
c c c c c c
O N U m m m M m m>
v)cnQmmmmmm� Z
m (n
W LL
M M _= L N J Q
m m IDC) C C C C C N ¢ i—
� D Z Z Z Z Z Z= U
�
YO
❑
d
u>
O
LO
cli
O
o
oo
O
O
co
y
d
O
v
O
O
o
O
a
n
O
CL
r)
v
fA
o
n
N
T
f6
Q.
o
0
O
0
(D
(D
H
QT
co
O
m r
ti
O
00
c
co
0..
N
c
U
m
M
Q
C
°
Q
d
,all
m co
a a
Q) 3
a a
in h
=
a a
m m
n Q
C6 a
N
z
W
}
n¢
❑
o
m
a
O
Z
z
O
d
0
0
E
>1
a
z
Q\
^
Cd
i
C
D
c
(ti
o
co
Q)
_a
a
N
F--
W
}
a
W
o
z
¢
Z
a
OF
fn
z
Z
Cw
G
>-
Q.
m
W
O
J
Q
z
ro Q)
a a
Lri
a
c
(D
('�
0
M
N
Q
J
O
in m
O
O
{
o
GO
GO
N
61)
H
QT
co
O
m r
ti
O
m
co
0..
c —
U
m
C
°
c
0 0
0 0
0 M
O O
Ln M
(n (»
0
0
M
w
O
O
O
M
N
N
tq
0
0
0
0
o
O
Lri
a
o
0
M
N
c
m
O
r
O
O
{
a+
N
GO
GO
N
61)
w
co
O
m r
O
m
co
0..
U
C
°
d
0
0
M
w
O
O
O
M
N
N
tq
�
I
c
co
O
m r
co
Q)
oN
°
as
in
N
LO Q)
U E
m
Ln E
ac)
C)f E
Cl)
Q m
Q m
Q m
*k
❑
H
U rL
O Q
`00_
V7
O
O
N
CO
W
,Q
N Q
.0
.c
z
O
Z
F
0
Qn
U
U ca
U
O
m
W
Z
❑
>
(ca n
O
z
Q
zQ
Q
a)
¢
p
o c
o c
o c
~O
O
m
U
p
O
ED
N
cV
cV
F-
Z
Q
F-
I—
TRANSFER BUSINESS
Nantucket Land Bank Commission
Regular Meeting of April 24, 2018
1. "M" Exemption Update:
a. Five -Year Domicile and Ownership Compliance — Release of Lien:
No. 34006 Paul Abbott and Megan McLaughlin
No. 34037 Geoff Smith
No. 34067 Nancy Wynn Koyl
No. 34071 Yolanda Fernandez Grant
No. 34072 Jeffrey K. Mattheson and Caitlin Mattheson
b. "M" Exemption Ownership Non -Compliance — Notice of Assessment:
No. 39393 Jose Regalado and Blanca Tejada de Regalado
c. "C" Exemption Non -Compliance — Notice of Assessment:
No. 39456 Jose Regalado, Blanca Tejada de Regalado, Berta Regalado