HomeMy WebLinkAbout2018-8-29AGENDA
Nantucket Land Bank Commission
Regular Meeting of August 29, 2018
Land Bank Meeting Room, 22 Broad Street
Nantucket, Massachusetts
CALL TO ORDER: 4:00 P.M.
A. CONVENE IN OPEN SESSION
PUBLIC COMMENT / STAFF ANNOUNCEMENTS
2. GOLF BUSINESS
a. Miacomet Golf Course Clubhouse — Design Team Update
b. Sconset Golf Course — Monthly Manager's Report (July)
c. Miacomet Golf Course — Monthly Manager's Report (July)
d. Warrant Authorization — Golf Capital Funds Transfer Request
e. Miacomet Employee Dorm - Update
3. PROPERTY MANAGEMENT
4. REGULAR BUSINESS
a. Town Conveyance/Smooth Hummocks Set Off — Acceptance of Deed
b. Bartlett Road Rights of Way — Eminent Domain Taking
5. APPROVAL OF MINUTES
a. Regular Meeting of August 14, 2018
6. TRANSFER BUSINESS
a. "M" Exemption Update — Release of Liens
7. FINANCIAL BUSINESS
a. Monthly Financial Report
b. Warrant Authorization — Cash Disbursements
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
2. Real Estate Acquisition
ADJOURNMENT
MINUTES
Nantucket Land Bank Commission
Regular Meeting of August 29, 2018
Land Bank Meeting Room, 22 Broad Street
Nantucket, Massachusetts
O-7
CALL TO ORDER: 4:00 P.M. l�
PRESENT: Richard Glidden, Kristina Jelleme, Allen Reinhard, John Stackpole. Z
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ABSENT: Neil Paterson. fir:
STAFF PRESENT: Eric Savetsky, Executive Director; Jesse Bell, Assistant Director; Susan c
Campese, Administrator/Finance Manager. co
Miacomet Golf Course ("MGC') General Manager, Alan Costa; Nantucket Land Bank Golf
Controller, Walter Lankau; MGC Director of Agronomy, Sean Oberly; Architectural Consulting
Group ("ACG ") & Owners Project Manager ("OPM"), Michael Josefek and Donald Velozo;
Inquirer and Mirror Reporter, Dean Geddes.
I. CONVENE IN OPEN SESSION:
A. PUBLIC COMMENT / STAFF ANNOUNCEMENTS: None.
B. GOLF BUSINESS:
1. Miacomet Golf Course Clubhouse — Design Team Update: Mr. Velozo
reported that Mr. Raber was currently behind by two weeks. Estimates from the subcontractors
had not been received and Mr. Velozo was very concerned as Mr. Raber had canceled several
meetings. He said at this point ACG should have 100% of the documents in order to review them
to put the bid out on time and they only had 90%. Mr. Velozo asked the Commission to send Mr.
Raber a memo expressing their concerns
Mr. Velozo and Mr. Josefek departed the meeting at 4:22 p. m.
2. `Sconset Golf Course — Manager's Monthly Review (July): Mr. Lankau
reported that July was a great month and all indicators are positive for the season coming in
ahead of budget. However, the year to date figures were $30,000 behind last year at the same
time. Mr. Lankau explained that was due to earlier timing of adjustments versus last year when
all adjustments were made in December. He answered various questions from the
Commissioners regarding staffing and rounds.
3. Miacomet Golf Course — Manager's Monthly Review (July): Mr. Lankau
handed out updated financial reports. He said that payroll was down but so was revenue which
was an even offset. The restaurant was not opened until August and due to that the driving range
was down, however the cash position was better than last year. Mr. Costa told the Commission
Land Bank Commission
August 29, 2018
about the offerings and hours at the restaurant.
Page 2
4. Warrant Authorization — Golf Capital Funds Transfer Request: Upon a motion made
by Commissioner Jelleme and duly seconded by Commissioner Glidden, it was unanimously
VOTED to execute the August 29, 2018 warrant document in the amount of $28,966.32 to be
provided to Nantucket Golf Management, Inc. from the Golf Capital Reserve Account.
5. Miacomet Employee Dormitory — Update: Mr. Savetsky reported that he, Ms. Bell and
counsel had a productive meeting with Energy and Environmental Affairs Secretary Matthew
Beaton and his senior staff in Boston yesterday. The meeting lasted for over an hour and
included a full discussion of the issues surrounding the proposed seasonal golf course housing
facility and its compliance with applicable laws. The meeting provided the Land Bank with an
opportunity to present the efforts undertaken by the Land Bank to develop the employee housing
proposal, the critical shortage of employee housing on the island, the considerations given to
siting of the proposed facility (in the Maintenance area of the Golf Course), and the plans to
mitigate and manage any impacts to surrounding properties. The meeting also afforded the Land
Bank's counsel to present a detailed analysis of the specific facts and applicable law surrounding
the Land Bank's proposal. Based upon the meeting, the Land Bank is looking forward to
continuing these discussions and to finding a mutually acceptable pathway to a resolution of the
outstanding issues surrounding the employee housing proposal and to restoring the good and
cooperative relationship between EEA and the Land Bank that has existed since the creation of
the Land Bank in 1983.
Mr. Costa, Mr. Lankau and Mr. Oberly departed the meeting at 4:48 p. m.
C. PROPERTY MANAGEMENT:
1. Settler's Landing/Wedding Ceremony Request — Saturday, September 29,
2018: Ms. Bell present a request from Adrienne Costakes for a 15 minute wedding ceremony on
the beach at Settlers Landing, with 75 people and six chairs at 3:00 p.m. The groom would arrive
at 1:00 p.m. to make a seaweed aisle and the officiant at 2:00 p.m. Guest will carpool from the
Admiralty Club where the reception will take place. Upon a motion made by Commissioner
Stackpole and duly seconded by Commissioner Jelleme, it was unanimously VOTED to approve
the request.
D. REGULAR BUSINESS:
1. Town Conveyance/Smooth Hummocks Set Off — Acceptance of Deed: Mr.
Savetsky explained that the 80 acres was part of the Grand Swap with the Town and was
originally acquired with the help of the Federal Government. Upon a motion made by
Commissioner Stackpole and duly seconded by Commissioner Glidden, it was unanimously
VOTED to accept and execute the deed.
2. Bartlett Road Right of Way — Eminent Domain Taking:
Land Bank Commission Page 3
August 29, 2018
a. Order of Taking: Pursuant to the authority granted by the town meeting
vote of March 31, 2012 on Article 89 authorizing the Nantucket Islands Land Bank to acquire by
eminent domain Right of Way on a certain property known as Bartlett Road, as described
therein, and upon a motion made and duly seconded, the Commission VOTED in a roll call vote,
four in favor, none opposed, to adopt the Order of Taking By Eminent Domain Land in the Town
of Nantucket, County of Nantucket (Bartlett Road Right of Way) as presented and filed with the
minutes of this meeting.
b. Resolution of Damage Award: Pursuant to the authority granted by the town
meeting vote of March 31, 2012 on Article 89 authorizing the Nantucket Islands Land Bank to
acquire by eminent domain Right of Way on certain property known as Bartlett Road, as
described therein, and upon a motion made and duly seconded, the Commission VOTED in a roll
call vote, four in favor, none opposed, to adopt the Commonwealth of Massachusetts Nantucket
Islands Land Bank Commission Resolution of Damage Award (Bartlett Road Right of Way) as
presented and filed with the minutes of this meeting.
E. APPROVAL OF MINUTES: Upon a motion made by Commissioner Stackpole and
duly seconded by Commissioner Glidden, it was unanimously VOTED to accept, approve and
release the regular meeting minutes of August 14, 2018, as written.
F. TRANSFER BUSINESS:
1. Five -Year Domicile and Ownership Compliance — Release of Liens: Upon a
motion made by Commissioner Glidden and duly seconded by Commissioner Stackpole, 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. 34361 Anthony J. Valero
No. 34395 Conner E. Wallace
2. Five -Year Ownership/Non-Compliance — Release of Lien/No. 35161 John E.
Mynttinen and Suzanne M. Mynttinen: Upon a motion made by Commissioner Glidden and duly
seconded by Commissioner Jelleme, it was unanimously VOTED to execute and authorize the
issuance of Release of Lien in anticipation of the purchaser paying the fee in full as voted by the
Commission on October 13, 2015.
G. FINANCIAL BUSINESS:
1. Monthly Financial Report: The Commission accepted the July 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 Jelleme, it was unanimously
Land Bank Commission
August 29, 2018
Page 4
VOTED to execute the August 29, 2018 warrant document in the amount of $98,974.49 to be
provided to the county treasurer.
II. EXECUTIVE SESSION: Upon a motion made by Commissioner Reinhard and duly seconded
by Commissioner Glidden, it was unanimously VOTED to go into executive session to discuss
the purchase, exchange, lease or value of real property and review executive session minutes. A
roll call vote was taken: Glidden -Aye, Jelle ye, Reinhard -Aye, Stackpole-Aye. The
Chairman under Purpose 6 [G.L. c. 30 (a)(6)] declared that discussion of these matters in
open session may be detrimental to e Land Bank's negotiating position and that the
Commission would not reconve in regular session at the conclusion of executive session.
ADJOURNMENT: Upon a/notion made by Commissioner Glidden and duly seconded by
Commissioner Reinhard, i was unanimously VOTED to adjourn the meeting at 5:20 p.m.
Attested to:
Richard Glidden, Secretary
Accepted, Approved, and Released by VOTE
of the Commission this I Ph day of September, 2018.
Neil Paterson, Chairman
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158364
T-28 PM
egis
COMMONWEALTH OF MASSACHUSETTS
NANTUCKET ISLAND LAND BANK
ORDER OF TAKING BY EMINENT DOMAIN
RIGHTS OF PASSAGE OVER A PORTION OF BARTLETT ROAD
TOWN OF NANTUCKET, COUNTY OF NANTUCKET
We, the undersigned members of the Nantucket Islands Land Bank Commission, a
governmental body located in Nantucket County, Massachusetts, acting pursuant to (i) Section
4(c) of Chapter 669 of the Acts of 1983, as Amended (the "Land Bank Act"), (ii) Article 89 of
the Town of Nantucket 2012 Annual Town Meeting (certified copy attached), and (iii)
Massachusetts General Laws Chapter 79, and having complied with all of the preliminary
requirements prescribed by law, do hereby adopt and decree this Order of Taking, and do hereby
take by eminent domain on behalf of the Nantucket Islands Land Bank, all rights of way and
rights of passage which may be owned by or appurtenant to the land owned by any person (the
"Benefitted Parties") over Parcel P-1, Parcel P-2, and Parcel P-3 shown on the plan entitled
"Taking & Disposition Plan in Nantucket, MA, Prepared for Nantucket Islands Land Bank" by
Blackwell & Associates, Inc., dated May 7, 2018, recorded in Nantucket Registry of Deeds as
Plan 2018-47, showing a portion of the unconstructed "paper" street called Bartlett Road at its
intersection with West Miacomet Road (the "Taking Parcels"). Title to the Taking Parcels is
owned by the Nantucket Islands Land Bank pursuant to Nantucket Owners Certificates of Title
No. 20,992, No. 11,704, and No. 20,084,
15012/3
A1385896.0
159364
Said rights of way and rights of passage are taken from owners unknown and from the
known Benefitted Parties listed on Exhibit A attached hereto and incorporated herein. Said
interests are taken for recreation purposes consistent with the Land Bank Act.
The damages sustained by reason of this taking by any and all persons are valued and
awarded in a resolution of even date adopted by the Commission. If any of the Benefitted Parties
named herein as an owner of any of said rights is not a true owner of the property to which the
rights are appurtenant, then the award is made only to the true owner(s) of the property to which
the interest taken is appurtenant.
ADOPTED at Nantucket, Massachusetts, this 29`h day of August, 2
NANTUCKET ISLANDS IND BANK
By its Commission
1
Richard J. Glidden'---__.,/
Kr ina Jelleme --
John J Staclo
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i
2
A 1385896.v2
159364 -
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss.
On this 291" day of August, 2018, before me, the undersigned notary public, personally
appeared the above-named Commissioners, proved to me through satisfactory evidence of
identification, which was personal knowledge, to be the persons whose names are signed on the
preceding or attached document, and acknowledged to me that they signed it in their capacity as
Commissioners of the Nantucket Islands Land Bank voluntarily for its stated purpose.
Notary Public
My Commission Expires:
�� GjJVOP(�GH ig 2-F•o�tS�
Attachments
Article 89 of 2012 Annual Town Meeting — certified copy
Exhibit A — List of known Benefitted Parties
3
A 1385896.v2
159364
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159364
Town of Nantucket
...........
OFFICE OF THE
Catherine Flanagan Stover, MMC, CMMC
Town & County Clerk
TOWN & COUNTY
(508)228-7216
CLERK
(508) 325-5313
Home: (508) 228-7841
Email- estoverd),,nantucket-ma.2ov
16 Broad Street
llanaeanstoveravahoo.com
NANTUCKET, MASSACHUSETTS 02554-3590
townclerkrunantucket-ma.¢ov
9990*9*9000
TO WHOM IT MAY CONCERN:
WEBSrrE: http•//www.nantucket-ma.eov
April 6, 2012
I, Catherine Flanagan Stover, duly elected Clerk of the Town and County of Nantucket, hereby
certify that the March 31, 2012 ANNUAL TOWN MEETING adopted Article 89: "Real Estate
Acauisition: "Paper" Streets Adiacent to Land Bank Properties - Bartlett Road " at the March
31, 2012 adjourned session when "...the adoption of all articles not heretofore acted upon as
recommended by the Finance Committee, or as recommended by the Planning Board, was
duly motioned, seconded, and voted in accordance with the motions recommended by the
Finance Committee or, in the absence of a Finance Committee motion, then in accordance with
the motions as recommended by the Planning Board, as printed in the Finance Committee
Report, with technical amendments brought forward during the course of the meeting..."
VOTE: The vote on the motion pursuant to Article 89 as moved by the Finance
Committee, was by Unanimous Voice Vote. The motion was adopted.
Catherine FlanagamStover, MMC, CMMC
T<A` ' oo 4i�%( rk
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NANTUC TOWN L` K
ATM 12 Article 89, Page 1 of 2
769364
ARTICLE 89
(Real Estate Acquisition: 'Paper' Streets Adjacent
to Land Bank Properties - Bartlett Road)
To see if the Town will vote to authorize the Nantucket Islands Land Bank to acquire by
eminent domain the fee or lesser interests in all or any portion of Bartlett Road between a line
through Bartlett Road extending the southwestern sideline of Raceway Drive to the eastern
sideline of Somerset Road, not including any portion of West Miacomet Road, together with any
public and private rights of passage, for purposes for which the Nantucket Islands Land Bank
may acquire real property interests under Chapter 669 of the Acts of 1983 as it may be
amended.
All as shown on a map entitled "2012 Annual Town Meeting Warrant Article 89" dated January
2012 and filed herewith at the Office of the Town Clerk.
Or to take any other action related thereto.
(Board of Selectmen for Nantucket Islands Land Bank)
FINANCE COMMITTEE MOTION: Moved that the Nantucket Islands Land Bank is authorized
to acquire by eminent domain the fee or lesser interests in all or any portion of Bartlett Road
from a line through Bartlett Road extending the southwestem sideline of Raceway Drive to the
eastem sideline of Somerset Road, not including any portion of West Miacomet Road, together
with any public and private rights of passage, for purposes for which the Nantucket Islands Land
Bank may acquire real property interests under Chapter 669 of the Acts of 1983 as it may be
amended, provided that:
• The existing water main located from a line through that portion of Bartlett Road
extending the southwestem sideline of Raceway Drive and the northem sideline of West
Miacomet Road shall remain unaffected and the Nantucket Islands Land Bank shall
execute appropriate documents to ensure that the water main may be repaired and
maintained, and may be connected with residential properties along the westem border
of that portion of Bartlett Road, and operated in perpetuity or the longest time period
permitted by law;
• That within three (3) months from the date of the recording of the taking, the Nantucket
Islands Land Bank shall place a restriction not allowing Nantucket Islands Land Bank to
erect permanent structures, as defined in the Zoning Bylaw, on that portion of the former
Bartlett Road from a line through Bartlett Road extending the southwestem sideline of
Raceway Drive to a line through Bartlett Road extending the northeastem property line of
a parcel owned by the Nantucket Land Bank shown on Assessor's Map 81, Parcel 162..
All as shown on a map entitled m2012 Annual Town Meeting Warrant Article 89' dated January
2012 and filed herewith at the Office of the Town Clerk.
NOTE. This motion includes both portions of Bartlett Road, between Raceway Drive and West
Miacomet Road and between West Miacomet Road and Somerset Road. As discussed,
structures within the Bartlett Road layout between the golf course and residential lots are
prohibited.
ATM 12 Article 89, Page 2 of 2
159364
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COMMONWEALTH OF MASSACHUSETTS
NANTUCKET ISLANDS LAND BANK COMMISSION
RESOLUTION REGARDING DAMAGE AWARD
BARTLETT ROAD RIGHTS OF PASSAGE
AUGUST 29, 2018
WHEREAS, the Nantucket Islands Land Bank Commission (the "Commission"), a
governmental body located in Nantucket County, Massachusetts, acting pursuant to (i) Section
4(c) of Chapter 669 of the Acts of 1983, as Amended (the "Land Bank Act"), (ii) Article 89 of
the Town of Nantucket 2012 Annual Town Meeting, and (iii) Massachusetts General Laws
Chapter 79, has this day determined to take by eminent domain certain rights of way and rights
of passage over a portion of the unconstructed "paper" street called Bartlett Road as shown on a
plan hereinafter described, for recreational purposes consistent with the Land Bank Act; and
WHEREAS, the Commission has this day approved an Order of Taking of rights of way
and rights of passage over certain parcels of land located on la d owned by the Land Bank in the
Town of Nantucket, Nantucket County, Massachusetts, being Parcel P-1, Parcel P-2, and Parcel
P-3 (the "Road Parcels"), shown on the plan entitled "Taking & Disposition Plan in Nantucket,
MA, Prepared for Nantucket Islands Land Bank" by Blackwell & Associates, Inc., dated May 7,
2018, recorded in Nantucket Registry of Deeds as Plan 2018-47; from known owners of property
having appurtenant rights of passage or rights of way over the Road Parcels (the "Benefitted
Parcels") as well as from all unknown owners of such rights; and
WHEREAS, Nantucket Islands Land Bank (the "Land Bank") owns the Road Parcels
pursuant to Nantucket Owners Certificates of Title No. 20,992, No. 11,704, and No. 20,084.
WHEREAS, prior to the adoption of the Order of Taking, the Commission received a
written appraisal of the value of the rights taken, being an appraisal by LandVest, Inc. dated
August 9, 2018, and effective July 25, 2018.
BE IT NOW THEREFORE RESOLVED, that the aggregate sum of $4,000 is awarded as
damages for the taking of the rights of way and rights of passage described in the Order of
Taking, allocated as specified on Schedule A attached. Such damages shall be paid to or divided
among the named claimant or claimants producing evidence of an ownership interest in a
Benefitted Parcel, provided that the Commission may reconsider and amend said award of
damages based upon information and appraisals received subsequent to this meeting and prior to
the payment of said damages; and
FURTHER RESOLVED, that if any party named in the Order of Taking as an owner of a
Benefitted Parcel is not a true owner of said Parcel, then the award is made only to the true
owner(s) of said Parcel whose interest is taken; and
1501213
A 1385938.v2
FURTHER RESOLVED, that the Treasurer of the County of Nantucket is hereby
authorized and directed immediately to invest such sums in an interest-bearing bank account
with interest accruing until a lawful demand is made for a payment pro tanto or until all claims
for damages are finally settled; and
FURTHER RESOLVED, that Notice of the Taking shall be published and sent to each
supposed owner of a Benefitted Parcel, and to the Tax Collector/Treasurer of the Town of
Nantucket, and that no payment on account of the taking shall be made to the supposed owner(s)
until the Town of Nantucket receives payment in full for all outstanding or overdue taxes; and
FURTHER RESOLVED, that the Commission reserves the right to withhold payment
from any claimant who cannot establish ownership of the whole title to any Benefitted Parcel to
the Commission's satisfaction, or to impose additional conditions prior to a partial payment.
ADOPTED this 29`h day of August, 2018.
NANTUCKET ISLANDS LAND BANK
By its Commission
1 rson
ALI
Rein and
Richard J. Glidden
Kristina Jellem
Q-,4 9 (-A--
John J Stac ole
Attachment
Schedule A Damages List
1501213
AI385938.v2
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DOCUMENTS AND EXHIBITS
Nantucket Land Bank Commission
Regular Meeting of August 29, 2018
1. ACG Agenda & Project Timeline
2. SGC July Financials
3. MGC July Financials
4. Warrant - Golf Capital Funds Transfer Request
5. Settlers Landing — Wedding Ceremony Request
6. Bartlett Road Right of Way — Order of Taking
7. Bartlett Road Right of Way — Resolution of Damage Award
8. "M" Releases of Lien (see transfer business for record nos.)
9. Land Bank Financial Statements — July 2018
10. Check Warrant Summary dated August 29, 2018
TRANSFER BUSINESS
Nantucket Land Bank Commission
Regular Meeting of August 29, 2018
1. "M" Exemption Update:
a. Five -Year Domicile and Ownership Compliance — Release of Lien:
No. 34361 Anthony J. Valero
No. 34395 Connor E. Wallace
b. Five -Year Ownership/Non-Compliance — Release of Lien:
No. 35161 John E. Mynttinen and Suzanne M. Mynttinen