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Home My WebLink About2010-02-23 AGENDA Nantucket Land Bank Commission Regular Meeting of,February 23,2010 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER A. EXECUTNE SESSION B. CITIZEN BUSINESS/ANNOUNCEMENTS Iv -I (:) ::u --4% rn G)> ::c :Ez ::J:IO () :::c Z-l - m c (:) <......... ("") r":" r~ ~~ '... f"T1 ~; a !" ~.,;: 1:, - 7 - ,- . . - J::a C. MINUTES OF THE REGULAR MEETING OF FEBRUARY 9, 2010 AND SPECIAL MEETING OF FEBRUARY 19,2010 D. PROPERTY MANAGEMENT 1. Miacomet Golf Course - Manager's Monthly Review E. TRANSFER BUSINESS F. FINANCIAL BUSINESS 1. Monthly Financial Report 2. Warrant Authorization - Cash Disbursements G. PROPERTY MANAGEMENT 1. 2009 Property Management Review 2.2010 Property Management Work Plan 3. Miacomet Beach Property - Wedding Ceremony/Reception Request 4. Fair Street Park - Event Request 5. Glowacki Property - Grant of Utility License 6. Tom Nevers Beach Property - Grant of Right of Entry H. PERSONNEL MANAGEMENT 1. Part-time Assistant Administrator - 60 Day Performance Review ADJOURNMENT MINUTES Nantucket Land Bank Commission Regular Meeting of February 23,2010 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER: 4:02 P.M. PRESENT: Johnson, Gardner, Reinhard. ABSENT: Bartlett, Stackpole. STAFF PRESENT: Eric Savetsky, Executive l)irector; Jesse Bell, Administrator/FisCa:l Officer; Susan Campese, Assistant Administrator. A. EXECUTNE 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 Vice Chairman noted that the Commission would reconvene into regular ses~ion and that thtr purpose of going into executive session was to discuss matters related to the approval ofmin\Ites'and land acquisition. RETURN TO OPEN SESSION Resource Planner/Ecologist Bruce Perry, Property Supervisor Jeff Pollock, and Miacomet Golf General Manager Alan Costa entered the meeting at this time. 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 February 9, 2010 and special session minutes of February 19, 2010, as written. D. PROPERTY MANAGEMENT: 1. Miacomet Golf Course: a. Financial Report: The Commission reviewed the balance sheet and profit and loss comparison through January 31, 2010 and received bound copies ofMiacomet Golf Course's Financial Statements for the Years Ended December 31, 2009 and 2008, as prepared by Burke & Lamb, P.C. b. Restaurant Update: Mr. Costa reported on plans to trim costs and improve the quality of food and service at the restaurant, indicating that staff was taking advantage of trainit'lg opportunities at cooking conferences during this slow time. c. Membership Update: Mr. Costa updated the Commission on the number of resignations, new member accePtances, and memberships with outstanding dues, reporting that the current membership count was at 379 and efforts to step up the membership drive were underway. d. Putting/Chipping Area: Ms. Johnson emphasized the importance of completing the new putting/chipping area by summer. Mr. Perry indicated that this would require an amendment to the existing permit with the state and committed to begin working on the project after March 1 st. Alan Costa left the meeting at this time. Land Bank Commission February 23, 2010 Page 2 E. TRANSFER BUSINESS: 1. Transfer Update: a. Additional Information Provided: Based upon the submission of additional information and/or sqpplemental documentation in support of the exemptions claimed, the Commission found the following transfers to be in order: No. 30242 4 Doc Ryder's Drive Nominee Trust No. 30447 First Brick, LLC No. 30448 First Brick, LLC b.,Purchase Price Documentation Provided: Based upon the submission of the requested documentation in support of the stated purchase price, the Commission found the following transfers to be in order: No. 30475 Andrew S. Fisher and Melissa L. Fisher No. 30476 Chiles Holdings, Ltd. c. Unreported Transfer of 100% Beneficial InterestlNotice of Lien - Paul Muzyka, Individually and as Trustee of 76 Goldfinch'Drive Realty Trust: Upon a motion made and duly seconded, it was VOTED to execute and authorize the plac<<t1tmt ofa Notice of Lien against the property based on the purchaser's failure to discharge a Land Bank fee due on the above-referenced transfer. 2. "M" Exemption Update: a. Five- Year Domicile and Ownership Compliance - Releases of Lien: Upon a motion made and duly seconded, it was VOTED to authorize the issuance of Releases of Lien for the following as a result of the purchasers fulfilling all of the requirements of Section 12, subsection (-m-): No. 25429 Harry Lindmark, SUSlIl Lindmark, Brian Lindmark; Brian Bemazzani b. Release of LienlAdjustment'Paid - No. 28835 Glenview Realty Trust: Upon a motion made and duly seconded, it was VOTED to authorize the issuance of a Release of Lien to the purchaser, as full payment of the outstanding fee, penalty and interest had been received. c. Five- Year Domicile Non-Compliance/Notice of Lien - No. 25397 Jesse Dutra: Upon a motion made and duly seconded, it was VOTED to execute and authorize the placement of a Notice of Lien against the property.based on the purchaser's non-compliance with the domicile requirement of the "M" exemption and failure to request a hearing within 30 days of the Notice of Assessment Land Bank Commission February 23, 2010 P~3 . 3. Litigation Update: a. Receipt of Appraisal, Mutual Release and Partial Refund - No. 26977 John J. Englert and Bruce A. Issadore:. Ms. Bell reported that the appraisal from Chip LaBonte had come back with a value of $3.46 million on the above-referenced transfer which has been the subject of ongoing litigation in the matter of Bruce A. Issadore and John Englert v. Nantucket Islands Land Bank (Nantucket Superior Court C.A. No, 07-06). However, pursuant to the terms ofa settlement agreement between the parties, upon a motion made and duly seconded, it was VOTED to authorize a partial refund to the purchasers in the amount of $13,991.68, representing the excess fee and interest paid over the settlement value of $2.8 million. F. FINANCIAL BUSINESS 1. Monthly Financial Report: The Commission accepted the January 2010 financial report including the balance sheet and income statement previously provided by electronic correspondence. 2. Warrant Authorization - Cash Disbursements: Upon a motion made and duly seconded, it was VOTED to execute the February 23,2010 warrant document in the amount of$101,845.73 to be provided to the county treasurer. G. PROPERTY MANAGEMENT 1. 2009 Property Management Review: Mr. Pollock reviewed 2009 property management activities and accomplishments. The CQmmission praised the property management staff for ajob well done. 2.2010 Property Management Work Plan: Mr. Pollock presented the 2010 Property Management Work Plan which itemized and prioritized projects and goals for Land Bank properties. After a discussion, upon a motion made and duly seconded, it was VOTED to approve the proposed work plan with some minor modifications based on comments received by the Commission. 3. Ray Boathouse Discussion: The Commission discUssed the idea of moving the Ray Boathouse to Jackson Point for use by the Marine Department and Mr. Perry said he would look into the possibility with Marine Superinten<lent Dave Fronzuto and the Historic District Commission. 4. Miacomet Beach Property - Wedding Ceremony/Reception Request: The Commission considered a request from wedding planner Nicole C. Whelden to hold a wedding ceremony and reception at the Land Bank's Miacomet Beach property for 100 guests on Saturday, August 28,2010 at 4 or 5 p.m., with the proposed set up of a tent, tables and chairs, amplified music and catering services. The.Commission determined to deny the request. 5. Fair Street Park - Event Request: The Commission considered a request from the Egan Institute to use the Fair Street Park to host a catered cocktail party for 100 of their "high end" donors from 6 to 6:45 p.m. on Thursday, July 8, 2010 following a lecture by Nat Philbrick at the Unitarian Church. The Commission determined to deny the request. Land Bank Commission February 23, 2010 Page 4 6. Glowacki Property - Grant of Utility License: Mr.. Savetsky explained that in order to improve the comer at Union 81\d Orange Streets, Verlzon was requesting a utility license to be able to move the pole onto the Glowacki property. Upon a motion duly made and seconded, the Commission VOTED to approve the Grant of Utility License and authorize Mr. Savetsky to review and sign the document, provided the wording meets with his approval. 7. Tom Nevers Beach Property - Grant of Right of Entry: The Army has requested a Grant of Right of Entry to the Tom Nevers Beach Property from March 1,2010 to May 15,2010 in order to look for old munitions with metal detectors and sound sonar equipment. Upon a motion duly made and seconded, the Commission VOTED to approve the Grant of Right of Entry, as requested. H. PERSONNEL MANAGEMENT Susan Campese voluntprily left the meeting at this time. 1. Part-time Assistant Administrator - 60 Day Performance Review: Based on a favorable review and recommendation by the Executive Director, upon a motion made and duly seconded, the Commission VOTED to approve a $2 per hour wage increase, bringing Ms. Campese's hourly wage to $24 per hour, effective March 1,2010. ADJOURNMENT: Upon a motion m d duly seconded, it was VOTED to adjourn at 6:32 p.m. Attested to: J Accepted, Approved, and Released by the VOTE ofithe Commission this 9th day of March 2010. )eJ~ 73 J;;t,/lS~ Leslie B. Johnson, Vice Chairman TRANSFER BUSINESS Nantucket Land Bank Commission :Regular Meeting of February 23, 2010 1. Transfer Update: a. Additional Information Provided: No. 302424 Doc Ryder's Drive Nominee Trust No. 30447 First Brick, LLC No. 30448 First Brick, LLC b. Purchase Price Documentation Provided: No. 30475 Andrew S. Fisher and Melissa L. Fisher No. 30476 Chiles Holdings, Ltd. c. Unreported Transfer of 100% Beneficial Interest - Notice of Lien: Paul Muzyka, Individually and as Trustee of 76 Goldfinch Drive Realty Trust 2. "M" Exemption Update: a. Five- Year Domicile Compliance - Release of Lien: No. 25429 Hany A. Lindmark, ill, Susan Lindmark, Brian Lindmark and Brian Bernazzani b. Adjustment Paid - Release of Lien: No. 28835 Glenview Realty Trust c. Five- Year Domicile Non-Compliance - Notice of Lien: No. 25397 Jesse Dutra 3. Litigation Update: a. Receipt of Appraisal, Mutual Release and Partial Refund: I No. 26977 John J. Englert and Bruce A. Issadore