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AGENDA
Nantucket Land Bank Commission
Regular Meeting of November 22, 2011
Land Bank Meeting Room, 22 Broad Street
Nantucket, Massachusetts
CALL TO ORDER: 4:00 P.M.
A. CITIZEN BUSINESS /ANNOUNCEMENTS
B. EXECUTIVE SESSION
C. PROPERTY MANAGEMENT
1. Miacomet Golf Course — Manager's Monthly Report
D. MINUTES OF THE REGULAR MEETING OF NOVEMBER 8, 2011
E. TRANSFER BUSINESS
F. FINANCIAL BUSINESS
1. Monthly Financial Report
2. Warrant Authorization — Cash Disbursements
G. REGULAR BUSINESS
H. PROPERTY MANAGEMENT
1. Maintenance Facility /125 Somerset Road — Marble Barn Addition Bid Award
2. Barrett/Zissi Property/30 Washington Street — Planning Discussion
ADJOURNMENT
MINUTES
Nantucket Land Bank Commission
Regular Meeting of November 22, 2011
Land Bank Meeting Room, 22 Broad Street
Nantucket, Massachusetts
CALL TO ORDER: 4:00 P.M.
PRESENT: Bartlett, Gardner, Paterson, Reinhard, Stackpole.
STAFF PRESENT: Eric Savetsky, Executive Director; Jesse Bell, Administrator /Fiscal Officer;
Susan Campese, Assistant Administrator.
A. CITIZEN BUSINESS /ANNOUCEMENTS: None.
B. 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. 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
Bruce Perry, Resource Planner /Ecologist, Miacomet Golf General Manager, Alan Costa and
Miacomet Golf Course Superintendent, Sean Oberly entered the meeting at 4:34 p. m.
C. PROPERTY MANAGEMENT:
1. Miacomet Golf Club ( "MGC ") — Monthly Manager's Update:
a. Financial Report: The Commission reviewed the balance sheet and profit and loss
comparison through October 31, 2011. The Commissioners reviewed and asked various questions
about the reports and the check register for October 2011. Mr. Costa reported that labor expenses
were down in the restaurant and golf shop, although the cost of goods sold had gone up and
management was working on strategies to lower these costs. Additionally, as requested, Mr. Costa
presented Miacomet Golf's credit card statements for the last six months and answered questions
about specific charges from the Commission.
b. Golf Cart Lease — Discussion: Mr. Costa presented prices from the current
company (Country Club Enterprises, LLC) MGC leases golf carts from and recommended that the
Commission end the current lease in order to enter into a new five -year lease with the same
company, which includes an option to renew at four years for 50 new golf carts. Upon a motion
made and duly seconded, it was unanimously VOTED to approve the new lease terms of
$50,051.04 annually for five years with an option to renew at four years.
Land Bank Commission Page 2
November 22, 2011
c. Course Restrooms Discussion: Mr. Costa presented all bills and payments made to
date on the course restrooms and reviewed a punch -list of work required to finish the buildings. Mr.
Costa apologized about the considerable delays in construction and requested approval to pay the
plumber $1,000 for work already performed. Additionally, he requested approval to pay the
plumber $1,000 for outstanding work required for issuance of a Certificate of Occupancy. After
some discussion, upon a motion made and duly seconded, it was unanimously VOTED to approve
the expenditure requests as presented.
Mr. Costa and Mr. Oberly left the meeting at 5:29 p.m.
2. Maintenance Facility /125 Somerset Road — Marble Barn Addition Bid Award: Mr. Perry
reported there were three qualifying bids for the addition on the Marble Barn as follows:
Falkon Construction
$89,000
Toscana Corporation
$80,600
Wellen Construction
$76,250
Mr. Perry stated that he met with Rob Wellen about the project and was informed of which
subcontractors Mr. Wellen intended to use. Mr. Perry relayed to Mr. Wellen some concerns the
Commission might have regarding his choice of subcontractors and Mr. Wellen stated that he was
willing to work with the Commission on those concerns. Upon a motion made and duly seconded, it
was VOTED to execute and award the contract to Wellen Construction for the bid price of $76,250.
Commissioner Paterson opposed.
b. Warrant Authorization — Marble Barn Addition: Upon a motion made and duly
seconded, it was VOTED to authorize staff to pay Wellen Construction according to the payment
terms and conditions specified in the approved contract.
Mr. Perry and Ms. Campese left the meeting at 5:45 p.m.
D. APPROVAL OF MINUTES: Upon a motion made and duly seconded, it was unanimously
VOTED to accept, approve and release the regular session minutes of November 8, 2011, as
written.
E. TRANSFER BUSINESS:
1. Transfer Update:
a. Additional Information Provided — No. 31876 US Bank as Trustee for Banc of
America Funding 2007A Trust: Based upon the submission of a completed Form H the Commission
found the above - referenced transfer to be in order.
2. "M" Exemption Update:
Land Bank Commission
November 22, 2011
a. Transfer Discussion:
Page 3
1. Delinquent "M" Exemption Purchasers /Collection Discussion — No. 24330
Simon Clarke and Trevor Lincoln: Ms. Bell reviewed the history of the transfer, recounting how the
purchasers had claimed the "M" exemption in 2004 and never complied with the "actual domicile"
requirement of the exemption, as they appear to have always maintained (and intended to maintain)
their permanent residence in England. Ms. Bell explained that although an unsubordinated Notice of
Lien was placed against the property in 2004, Section 14 ( -c -) of the Land Bank Act dictates that
"said lien shall in any event terminate not later than six years following the time of the transfer."
Consequently, the Land Bank's lien had since expired as a matter of law and the only way to ensure
collection in the long term would be to take the matter to court, however there would be some
expense and difficulty with accomplishing international service on the purchasers. Ms. Bell reported
that the current amount owed on the lien to date was $9,280.89, which included the $4,000 fee,
$1,000 penalty and $4,280.80 in accrued interest. Given the egregious nature of the offense, Ms.
Bell recommended pursuing the case as a matter of public policy. Upon a motion made and duly
seconded, the Commission unanimously VOTED to move forward with the suit.
2. Five -Year Ownership Non - Compliance — No. 29539 Jay D. Lovering and
Jane E. Lovering: Ms. Bell explained that the purchasers claimed the "M" exemption when they
purchased their home in 2008 and by the terms of the exemption were required to own and remain
domiciled at the property for a period of five years. The couple was now getting divorced and
selling the property in advance of the five -year term pursuant to a court ordered settlement. Based
on extenuating circumstances, upon a motion made and duly seconded, the Commission VOTED to
waive the penalty and interest to date and require payment of the exempted Land Bank fee ($8,000)
prior to the issuance of a Release of Lien to the purchasers.
b. Five -Year Domicile and Ownership Compliance — Releases of Liens: Upon a
motion made and duly seconded, it was VOTED to authorize the issuance of a Release of Lien for
each of the following transfers as a result of the purchasers fulfilling all of the requirements of
Section 12, subsection ( -m -):
No. 27444 Jennifer L. Eldridge
No. 27458 William A. Willauer
No. 27491 David G. Wain and Donovan Kerr
No. 27502 Gregorio Partida and Grasiela V. Partida
F. FINANCIAL BUSINESS:
1. Monthly Financial Report: The Commission accepted the October 2011 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 November 22, 2011, warrant document in the amount of $39,773.21
to be provided to the county treasurer.
Land Bank Commission Page 4
November 22, 2011
G. REGULAR BUSINESS: None.
H. PROPERTY MANAGEMENT:
1. Barrett /Zissi Property /30 Washington Street — Planning Discussion: Mr. Savetsky
reported that the Historic District Commission had approved the move -off application for the house
at 30B Washington Street (also known as the Lyman Perry building).
2. Maintenance Facility /125 Somerset Road — Marble Barn Addition Bid Award:
Commissioner Gardner suggested that the Commission should be more involved in capital building
projects, recommending that a committee comprised of two commissioners be present for pre -
construction meetings with contractors before bids are due, and in between the Notice of Award and
Notice to Proceed, a pre- construction conference be held with the successful bidder, committee, and
Land Bank property management staff overseeing the project to make sure everyone was on the
same page with regard to expectations.
3. Gaillard Property — Sign Discussion: Commissioner Paterson requested an update on the
status of signage for the Gaillard property. Mr. Savetsky promised that the sign would be up within
the week.
ADJOURNMENT: Upoiaa motion made and duly seconded, it was VOTED to adjourn at 6:11 P.M.
Attested to:
en B.
Accepted, Approved, and Released by VOTE
of the Commission this 3th day of December, 2011.
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DOCUMENTS AND EXHIBITS
Nantucket Land Bank Commission
Regular Meeting of November 22, 2011
1. Miacomet Golf Course — October 2011 financials and check register
2. Miacomet Golf Course — credit card statements from past six months
3. Miacomet Golf Course — golf cart lease information
4. Miacomet Golf Course — bills from restrooms and punch -list of work remaining
5. Marble Barn Addition — bids and approved contract
6. Record No. 31876 — completed Form H
7. Record No. 24330 — complete file documenting history of transfer
8. Record No. 29539 — transfer documents; email request from attorney Rick Beaudette
9. Five -Year Domicile and Ownership "M" Compliance — Release of Liens (see transfer
business for list of record nos.)
10. Monthly Financials for October 2011 (Monthly Financial Statement, plus Balance
Sheet and Income Statement)
11. Check Warrant Summary and Warrant Authorization dated November 22, 2011
TRANSFER BUSINESS
Nantucket Land Bank Commission
Regular Meeting of November 22, 2011
1. Transfer Update:
a. Additional Information Provided:
No. 31876 US Bank as Trustee for Banc of America Funding 2007A Trust
- Received statement of total due at time of foreclosure
2. "M" Exemption Update:
a. Transfer Discussion:
Delinquent "M" Exemption Purchasers — Collection Discussion
- No. 24330 Simon Clarke and Trevor Lincoln
2. Five -Year Domicile and Ownership Non - Compliance
- No. 29539 Jay D. Lovering and Jane E. Lovering
b. Five -Year Domicile and Ownership Compliance — Release of Liens:
No. 27444 Jennifer L. Eldridge
No. 27458 William A. Willauer
No. 27491 David G. Wain and Donovan Kerr
No. 27502 Gregorio Partida and Grasiela V. Partida