HomeMy WebLinkAbout2011 5-24~(i
AGENDA
Nantucket Land Bank Commission
Regular Meeting of May 24, 2011
Land Bank Meeting Room, 22 Broad Street
Nantucket, Massachusetts
CALL TO ORDER
A. CITIZEN BUSINESS/ANNOUNCEMENTS
B. EXECUTIVE SESSION ~,
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C. MINUTES OF THE REGULAR MEETING OF MAY 10, 2011
D. PROPERTY MANAGEMENT -~
1. Miacomet Golf Course -Manager's Monthly Report
2. Miacomet Golf Course -Planning Discussion
E. TRANSFER BUSINESS
F. FINANCIAL BUSINESS
1. Monthly Financial Report
2. Warrant Authorization -Cash Disbursements
3. Warrant Authorization - 2009 Series ASemi-Annual Bond Payment
G. REGULAR BUSINESS
1. Regular Meeting Cancellation -June 14, 2011
2. Rules and Regulations Amendment Discussion
3. Public Hearing Scheduling -June 28, 2011
H. PROPERTY MANAGEMENT
1. Annual Road Grading Review
2. Gaillard Property/86 Union Street -Invasive Plant Discussion
3. Petrel Landing Property/17 Commercial Street -Management Discussion
4. Lee Property/25 Burnt Swamp Lane -Use Request
5. Cisco Beach Property -Use Request
I. PERSONNEL MATTERS
1. Annual Compensation/COLA Discussion
2. Assistant Property Manager -Annual Review
3. Resource Planner/Ecologist -Annual Review
ADJOURNMENT
MINUTES
Nantucket Land Bank Commission
Regular Meeting of May 24, 2011
Land Bank Meeting Room, 22 Broad Street
Nantucket, Massachusetts
CALL TO ORDER: 4:01 p.m.
PRESENT: Bartlett, Gardner, Paterson, Reinhard, Stackpole.
STAFF PRESENT: Eric Savetsky, Executive Director; Jesse Bell, Administrator/Fiscal Officer;
Susan Campese, Assistant Administrator.
A. EXECUTIVE SESSION: Upon a motion made and duly seconded, 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. Each member was polled individually.
All members voted yes. The Chairman 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 into regular session following executive session.
RETURN TO OPEN SESSION
Resource Planner/Ecologist, Bruce Perry; Miacomet Golf General Manager, Alan Costa;
Miacomet Golf Course Superintendent, Sean Oberly, entered the meeting at 4:45 p. m.
B. CITIZEN BUSINESS/ANNOUNCEMENTS: Speaking as the General Manager of Wannacomet
Water Company, Commissioner Gardner informed the Commission that the Water Company
cleared three to five feet of brush in front of the Reith property in order to complete a water line
installation project in Madaket. This was done after consultation with Mr. Perry, who reported that
the area was already scheduled to be cleared of invasive species by Land Bank staff.
C. APPROVAL OF MINUTES: Upon a motion made and duly seconded, it was unanimously
VOTED to accept, approve and release the regular session minutes of May 10, 2011, as written.
D. PROPERTY MANAGEMENT:
1. Miacomet Golf Club:
a. Manager's Monthly Report -Financial Report: The Commission reviewed the
balance sheet and profit and loss comparison through Apri12011. Mr. Costa pointed out golf
revenues were down due to unfavorable weather, but restaurant revenue was up compared to 2010.
b. Planning Discussion: Mr. Costa presented copies of invoices paid to architect
Nathan McMullen dating back to October 2009 and totaling $30,324.45, explaining that the bills
reflect initial drawings for conceptual plans and later for elevations and floor plans to be presented
Land Bank Commission Page 2
May 24, 2011
to the Historic District Commission (H.D.C.). Mr. Costa indicated that if the Commission should at
some point choose to go forward with the approved plans, Mr. McMullen would still have to
complete structural drawings. Commissioner Bartlett expressed serious disappointment in the lack
of a planning process and the capital improvements committee for failing to regularly report back to
the Commission on the findings and recommendations of the committee. Further, Commissioner
Bartlett told Mr. Costa that the Commission was never informed at any meeting about a proposed
new clubhouse until December of 2010 and had not approved any expenditure until January 2011.
Commissioner Stackpole respectfully disagreed and said the conceptual ideas were created by
Nantucket Golf Management in coordination with the capital improvements committee, and that the
committee approved of management's efforts leading up to the full authorization by the
Commission for the expenditure in January 2011. Commissioner Paterson suggested that in order to
move forward, there needed to be a survey of needs by membership and a transparent planning
process. Commissioner Gardner said that while updates at every meeting were unnecessary, the
committee should be reporting back to the full Commission at decisive moments throughout the
planning process. Further, Commissioner Gardner emphasized that the long-term vision for
Miacomet Golf Course needed to be determined by the Commission. Mr. Savetsky cautioned the
Commission that there may be a legal issue with having exclusive `members only' areas in public
facilities. Mr. Costa pointed out that the Land Bank had not subsidized the club for operations over
the winter, and furthermore, management was able to spend $150,000 on capital improvements to
the course from operating revenue received this past year. Commissioner Reinhard suggested
outlining a clear process for moving forward in order to assess what needs there are and to analyze
what capital improvements might be necessary. The Commission tentatively planned to schedule a
special "golf planning" meeting on Friday, June 3, 2011 at 2 p.m., and asked staff to follow up and
confirm the Commission's availability via email.
c. Course Restrooms -Update: Mr. Costa reported that the septic systems had been
completed and currently an engineer was drawing up commercial foundation plans.
Mr. Costa and Mr. Oberly left the meeting at 5:35 p.m.
E. TRANSFER BUSINESS:
1. No. 31665 John McAtee, Jr. -Refund Request: Ms. Bell reported on receiving a refund
request from E. Voley Vaughan, attorney for the purchaser, and asked the Commission for approval
to tentatively schedule the hearing on June 28, 2011, as Land Bank counsel would be already be
attending the meeting for another matter. The Commission determined to schedule the hearing for
the meeting of June 28, 2011 and asked staff to write a letter to Mr. Vaughan informing him of the
date.
2. Current "M" Exemptions and Liens - No. 31650 Francis J. Daily and Tracy Ann Daily:
The Commission authorized the placing of a lien against the above-referenced purchasers' property
as a result of their claiming the "M" exemption as first-time buyers of real property.
Land Bank Commission Page 3
May 24, 2011
3. Transfer Updates:
a. Additional Information Provided - No. 31673 Mary B. Holland Revocable Trust:
Based upon the submission of additional information, the Commission found the above-referenced
transfer to be in order.
b. Five-Year Domicile and Ownership Compliance -Releases of Lien: Upon a
motion made and duly seconded, it was unanimously VOTED to authorize the issuance of a Release
of Lien for the following transfer as a result of the purchasers fulfilling all of the requirements of
Section 12, subsection (-m-):
No. 27039 Sergey Chumak and Yuliya Zaitsava
F. FINANCIAL BUSINESS:
1. Monthly Financial Report: The Commission accepted the Apri12011 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 unanimously VOTED to execute the May 24, 2011 warrant document in the amount of
$46,582.46 to be provided to the county treasurer.
3. Warrant Authorization - 2009 Series A Bond Semi-Annual Payment: Upon a motion
made and duly seconded, it was unanimously VOTED to approve payment and authorize staff to
wire the 2009 Series Asemi-annual bond payment of interest and principal in the total amount of
$1,179,831.25 from the Land Bank's Collection Account to the Bond Trustee at U.S. Bank.
G. REGULAR BUSINESS:
1. Meeting Cancellation -June 14, 2011: Upon a motion made and duly seconded, the
Commission VOTED to cancel the regularly scheduled meeting of June 14, 2011 due to the
anticipated lack of a quorum.
2. Rules and Regulations Amendment Discussion: Upon a motion made and duly seconded,
the Commission VOTED to hold a public hearing on June 28, 2011, for the purpose of receiving
public comment on a proposed restatement of the Land Bank's Rules and Regulations which would
incorporate the language of an amendment to the Land Bank Act which was approved by the
Governor on October 7, 2010. The proposal contains numerous technical and editorial changes;
replaces current Land Bank Forms A and B with new Forms 1, 2, and A through N inclusive;
revises the regulations regarding off-record transfers of interests in entities; and otherwise conforms
the regulations with Chapter 354 of the Acts of 2010.
Land Bank Commission
May 24, 2011
H. PROPERTY MANAGEMENT:
Page 4
1. Annual Road Grading Review: Mr. Perry provided a brief review of the Land Bank's
annual road maintenance needs and presented an estimate from Myles Reis to do the grading work
for the summer season. After some discussion, upon a motion made and duly seconded, the
Commission unanimously VOTED to have Myles Reis do the grading work for a total amount not
to exceed $21,625.00, and to get separate pricing for the beginning of Barrett Farm Road and the
dirt road off Polpis Road between Kelly Road and Moors End Lane.
2. Gaillard Property/86 Union Street -Invasive Plant Discussion: Mr. Perry updated the
Commission on the techniques being used to remove the invasive Phragmites and Japanese
Knotweed at the property including the old railroad bed, reminding everyone that it was afive-year
process.
3. Petrel Landing Property/17 Commercial Street -Management Discussion: Commissioner
Stackpole suggested drafting a Memorandum of Understanding with the Marine Department
outlining their management of the water side of the property, with the Land Bank continuing to
manage the land side. The Chairman also asked that the floating dock at the Land Bank's workshop
be installed at Petrel Landing by the Marine Department. The Commission expressed no opposition.
4. Lee Property/25 Burnt Swamp Lane -Use Request: Mr. Savetsky presented a request
from Mary Walsh of 19 Burnt Swamp Lane to use the property as an alternative site if the ground
was too wet on her property for a wedding reception on September 10, 2011 with 60 to 65 guests
attending and proposed set up of a tent, table seating for dinner, and a band with a dance floor. Mr.
Perry said in order for the property to be used, staff may have to clear some brush and cut a path to
Ms. Walsh's property where guest parking, kitchen and bathroom facilities would be. The
Commission asked Mr. Perry to look at the property and report back to the Commission with more
information for consideration at a future meeting.
5. Cisco Beach -Use Request: After a discussion, upon a motion made and duly seconded,
it was unanimously VOTED to approve a request from Gary Kohner of Nantucket Island Surf
School, to renew his lease of a portion of the Land Bank's Cisco Beach Property to rent surfboards
and provide surfing lessons subject to Mr. Kohner continuing to provide stewardship of the
property, carrying insurance protection with the Land Bank named as additionally insured, and
requiring students and board renters to sign hold-harmless agreements. The term shall be one year
and the lease amount shall be $5,000.
I. PERSONNEL MATTERS:
1. Annual Compensation/COLADiscusion: The Director presented a spreadsheet
summarizing current compensation for the Land Bank's salaried employees.
Mr. Savetsky, Ms. Bell, Ms. Campese and Mr. Perry voluntarily left the meeting at 7: 07 p.m.
Land Bank Commission
May 24, 2011
Page 5
After a discussion, upon a motion made and duly seconded, it was unanimously VOTED to approve
the following salary increases, subject to a favorable performance evaluation by the Director:
Edward Boynton $63,255 to $64,994 (2.75% increase) effective October 25, 2011
Robert Earley $70,602 to $73,426 (4% increase) effective May 19, 2011
Jeffrey Pollock $80,046 to $84,849 (6% increase) effective August 4, 2011
Bruce Perry $87,527 to $91,903 (5% increase) effective May 28, 2011
Jesse Bell $67,667 to $74,434 (10% increase) effective July 1, 2011
Eric Savetsky $115,652 to $120,278 (4% increase) effective August 4, 2011
The Commission authorized the Director to execute Personnel Change Forms to be provided to the
county treasurer.
ADJOURNMENT: Up n otion ma e d duly seconded, it was VOTED to adjourn at 7:12 p.m.
Attested to:
Al en B. Remh rd, Secretary
Accepted, Approved, and Released by the VOTE
of the Commission this 28th day of June, 2011.
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DOCUMENTS AND EXHIBITS
Nantucket Land Bank Commission
Regular Meeting of May 24, 2011
1. Miacomet Golf Balance Sheet and Profit and Loss Comparison through Apri130, 2011
2. McMullen & Associates paid invoices for Miacomet Golf proposed clubhouse design
3. Foley Vaughan Refund Request -Record No. 31665
4. Current "M" Exemption and Lien -Record No. 31650
5. Additional (Confidential) Information Provided -Record No. 31673
6. Release of Lien for "M" Compliant Purchaser -Record No. 27039
7. Monthly Financials for Apri12011 (Monthly Financial Statement, plus Balance Sheet and
Income Statement)
8. Check Warrant Summary and Warrant Authorization dated May 24, 2011
9. Warrant Authorization for 2009 Series ASemi-Annual Bond Payment
10. P. & M. Reis Trucking -Annual Road Grading Estimate
11. Aerial maps showing roads that need to be graded
12. Aerial map of Consue Springs and Gaillard property
13. Email request for use of Lee property
14. Aerial of Lee property
15. Current salaries for full-time Land Bank employees
TRANSFER BUSINESS
Nantucket Land Bank Commission
Regular Meeting of May 24, 2011
1. No. 31665 John J. McAtee, Jr. -Refund Request
2. Current "M" Exemption:
No. 31650 Francis J. Daily and Tracy Ann Daily
3. Additional Information Required:
No. 31673 Mary B. Holland Revocable Trust
- Form B, Part F (Purchaser's Affidavit)
4. Transfer Update:
a. Five-Year Domicile and Ownership Compliance -Release of Lien:
No. 27039 Sergey Chumak and Yuliya Zaitsava