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HomeMy WebLinkAbout2012-5-22AGENDA Nantucket Land Bank Commission Regular Meeting of May 22, 2012 Land Bank Meeting Room, 22 Broad Street n Nantucket, Massachusetts ^' c C C- z � CALL TO ORDER: 4:00 P.M. � rn —+ ►- w r r? C�p rn A. CITIZEN BUSINESS /ANNOUNCEMENTS Z 3 r-n n c� B. EXECUTIVE SESSION n s 1. Real Estate Acquisition cn C. MINUTES OF THE SPECIAL MEETING OF MAY 4, 2012 AND REGULAR MEETING OF MAY 8, 2012 D. PROPERTY MANAGEMENT 1. Miacomet Golf Course — Manager's Monthly Review 2. Old Sconset Golf Course — Management Discussion E. TRANSFER BUSINESS F. FINANCIAL BUSINESS 1. Monthly Financial Report 2. Warrant Authorization — Cash Disbursements 3. Warrant Authorization — 2009 Series A Semi - Annual Bond Payment G. REGULAR BUSINESS 1. Community Preservation Committee — Representative Discussion 2. Rules and Regulations Amendment Discussion — Minor Revisions to Forms 3. Public Hearing Scheduling — June 26, 2012 4. Electricity Supplier Discussion 5. Land Bank Property Map — Project Update H. PROPERTY MANAGEMENT (cont'd) 1. Small Friends/ 19 Nobadeer Farm Road — Request for Waiver of Right of First Refusal 2. Cisco Beach Property — Use Request 3. Town of Nantucket /DPW — Mosquito Control Proposal 4. 30B Washington Street — Cottage Relocation Update 5. Crocker /27 North Cambridge Street — Insurance /Occupancy Matter I. PERSONNEL MANAGEMENT 1, Annual Employee Compensation/COLA Review 2. Resource Planner /Ecologist — Annual Review 3. Assistant Property Manager — Annual Review ADJOURNMENT STAFF PRESENT: Eric Savetsky, Executive Director; Jesse Bell, Administrator/Fiscal Officer; Susan Campese, Assistant Administrator; Bruce Perry, Resource Planner /Ecologist. Abutter to Burchell property, Andrew Costakes was also present at call to order. A. CITIZEN BUSINESS /ANNOUNCEMENTS: Andrew Costakes of 22 Rudder Lane voiced his concerns over Daniel Baird's organic potato farming project on the Burchell property, stating that the tractor noise was excessive and also questioning the use of fertilizer, pesticides and irrigation. Further, he stated that this was a residential neighborhood with a strict homeowners' association and therefore it was an inappropriate location for a working farm. Mr. Savetsky assured Mr. Costakes it was not a working farm, but a large non - commercial organic garden used to promote education and sustainability. Chairman Stackpole assured Mr. Costakes his comments would be taken under advisement and that Mr. Savetsky would speak to Mr. Baird about the excessive noise and future irrigation plans. Mr. Costakes left the meeting at 4:14 p.m. Mr. Perry left the meeting at 4:21 p.m. 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 in regular session following executive session. RETURN TO OPEN SESSION C. APPROVAL OF MINUTES: Upon a motion made and duly seconded, it was unanimously VOTED to accept, approve and release the special meeting minutes of May 4, 2012, and the regular session minutes of May 8, 2012 as written. Resource Planner /Ecologist, Bruce Perry; Architect, William McGuire; Miacomet Golf General Manager, Alan Costa; Miacomet Golf Course Superintendent, Sean Oberly; Principal ofAgility Golf, Philip Truono entered the meeting at 4:30 p.m. Z a ti ° MINUTES Nantucket Land Bank Commission z Regular Meeting of May 22, 2012 m Land Bank Meeting Room, 22 Broad Street rn Nantucket, Massachusetts a c � :3 rn o CALL TO ORDER: 4:02 p.m. C-;, `r PRESENT: Bartlett, Gardner, Paterson, Reinhard, Stackpole. M ;:0 °7 STAFF PRESENT: Eric Savetsky, Executive Director; Jesse Bell, Administrator/Fiscal Officer; Susan Campese, Assistant Administrator; Bruce Perry, Resource Planner /Ecologist. Abutter to Burchell property, Andrew Costakes was also present at call to order. A. CITIZEN BUSINESS /ANNOUNCEMENTS: Andrew Costakes of 22 Rudder Lane voiced his concerns over Daniel Baird's organic potato farming project on the Burchell property, stating that the tractor noise was excessive and also questioning the use of fertilizer, pesticides and irrigation. Further, he stated that this was a residential neighborhood with a strict homeowners' association and therefore it was an inappropriate location for a working farm. Mr. Savetsky assured Mr. Costakes it was not a working farm, but a large non - commercial organic garden used to promote education and sustainability. Chairman Stackpole assured Mr. Costakes his comments would be taken under advisement and that Mr. Savetsky would speak to Mr. Baird about the excessive noise and future irrigation plans. Mr. Costakes left the meeting at 4:14 p.m. Mr. Perry left the meeting at 4:21 p.m. 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 in regular session following executive session. RETURN TO OPEN SESSION C. APPROVAL OF MINUTES: Upon a motion made and duly seconded, it was unanimously VOTED to accept, approve and release the special meeting minutes of May 4, 2012, and the regular session minutes of May 8, 2012 as written. Resource Planner /Ecologist, Bruce Perry; Architect, William McGuire; Miacomet Golf General Manager, Alan Costa; Miacomet Golf Course Superintendent, Sean Oberly; Principal ofAgility Golf, Philip Truono entered the meeting at 4:30 p.m. Land Bank Commission May 22, 2012 D. PROPERTY MANAGEMENT: Page 2 1. Old `Sconset Golf Course — Barn Discussion: Mr. McGuire presented a report on the condition and feasibility of renovating the barn which included specific recommendations on how to shore up the structure for safety. Mr. McGuire stated that while some features of the structure could be reused, it would be much more cost - efficient to replace or renovate, but either way the new building would have to comply with current commercial building codes which tend to make projects more labor intensive (hence, costly). Community Preservation Committee (CPC) Land Bank Designee, Ken Beaugrand entered the meeting at 4:45 p.m. Mr. McGuire left the meeting at 4:46p. m. 2. Miacomet Golf Club: a. Financial Report: The Commission reviewed the balance sheet and profit and loss comparison through April 30, 2012, as well as the credit card statement and check register for April 2012, which was previously provided by electronic correspondence. Mr. Costa reported cash flow was much improved over last year as well as income, and lower expenses and cost of goods sold. Mr. Costa answered various questions from the Commission pertaining to the check register. 3. Old `Sconset Golf Course — Management Discussion: a. Opening Day — Discussion: Mr. Costa reported with the exception of the high speed internet and the credit card banking platform which was in process, all else was ready for a soft opening of the course on Friday, with the official opening on Saturday of Memorial Day weekend. Mr. Truono informed the Commission that he had some experienced staff lined up to work the course and was planning to hire additional summer employees. Additionally, Mr. Truono created a website with hours of operation and rates, and would be outfitting the course with retired rental clubs from Miacomet Golf. Finally, to simplify the rate schedule, Mr. Truono recommended changing the children's rate to $15 per round for seventeen years old and under. After some discussion, upon a motion made and duly seconded, it was unanimously VOTED to amend the children's rate as recommended. b. Merchandise Graphics — Discussion: Mr. Truono presented a sketch of a simple design showing the name and incorporating the inaugural year 1894 to be used on hats in the golf shop. Upon a motion made and duly seconded, it was unanimously VOTED to approve the use of the graphic for golf shop merchandise. c. Water — Discussion: Upon request, Commissioner Gardner provided estimates on the cost of running water to the course along Milestone Road, recommending that while a minimum of a 2" pipe could be used, he thought it would be preferable to use a 4" pipe. Additionally, it was reported that after speaking with the Department of Health, continued use of the well for the summer would be allowed if Wannacomet Water Company wrote a letter assuring that there would Land Bank Commission Page 3 May 22, 2012 be a town water connection installed in the fall. d. Employee Compensation — Discussion: The Commission asked for clarification of the compensation of key employees on the `Sconset Golf budget approved at the April 24, 2012 meeting. While the consensus was to keeping the employees on salary to control costs, the Commission requested that staff accurately track hours worked at `Sconset Golf, so that the Commission could get a true sense of labor costs to run the course. Mr. Costa, Mr. Oberly and Mr. Truono left the meeting at S: 37 p.m. E. REGULAR BUSINESS: 1. Community Preservation Committee ( "CPC ") — Representative Discussion: Mr. Beaugrand informed the Commission that his term on the CPC ended June 30, 2013, however his continued representation as the designee for the Land Bank was at the discretion of the Commission. It was requested that this year, Mr. Beaugrand report back to the Commission on open space applications that are submitted, before CPC deliberations are conducted. Further, Mr. Beaugrand outlined the process required of applicants and how decisions are made with regard to applications. Discussion continued regarding possible funding for open space, recreation and historic preservation for Land Bank acquisitions and /or projects. Mr. Beaugrand left the meeting at 6 :02 p.m. F. TRANSFER BUSINESS: 1. Transfer Business Policy — Discussion: Ms. Bell suggested a new policy with regard to transfer business; namely, that routine follow -up requests for information be handled at the administrative level, with staff being authorized to sign on the Commission's behalf. Specifically, it was suggested that follow -up requests for Form completeness, routine additional information and/or purchase price documentation requests which are in accordance with regulations and/or policy adopted by the Commission, could be handled at the staff level. Extraordinary transfer matters would continue to be brought to the Commission's attention prior to administrative action. After discussion, upon a motion made and duly seconded, it was unanimously VOTED to authorize staff to handle routine requests for information and in so doing, sign letters on the Commission's behalf, as suggested by Ms. Bell. 2. "M" Exemption Update: a. 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. 27982 Heather M. Duval No. 27984 Pavlin Vitanov and Bogdana Krachunova Land Bank Commission May 22, 2012 No. 27989 David Glowacki I1 Page 4 b. Five -Year Ownership Non- Compliance/Notice of Assessment — No. 30969 Caleb N. Cressman, II: Ms. Bell explained that the purchaser claimed the "M" exemption on the purchase of 300 Polpis Road on August 31, 2010 and subsequently sold approximately half of the property on May 4, 2012 to his sister. Referring to Section 12( -m -) of the Land Bank Act, Ms. Bell 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. Pursuant to this statutory violation, upon a motion made and duly seconded, 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. Transfer Updates: a. Additional Information Provided — No. 32274 Centerboard GH LLC: Based upon the submission of additional information, the Commission found the above - referenced transfer to be in order. 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. 32554 Peter L. Watrous No. 32606 Summer Salt, LLC c. Proposed Transfer Discussion — No. 27584 Brett Morneau and Richard J. Aprea: Ms. Bell and Mr. Savetsky presented a request for the Commission to accept the "C" exemption on the proposed transfer of Mr. Aprea's interest in the property to Mr. Morneau. Based on circumstances of extraordinary financial hardship, upon a motion made and duly seconded, the Commission VOTED to accept the "C" exemption on the proposed transfer. G. FINANCIAL BUSINESS: 1. Monthly Financial Report: The Commission accepted the April 2012 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 22, 2012 warrant document in the amount of $171,363.55 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 A semi - annual bond payment of interest and principal in the total amount of $1,189,860.00 from the Land Bank's Collection Account to the Bond Trustee at U.S. Bank. Land Bank Commission May 22, 2012 G. REGULAR BUSINESS: Page 5 1. Rules and Regulations Amendment Discussion/Public Hearing: Upon a motion made and duly seconded, the Commission unanimously VOTED to hold a public hearing on June 26, 2012, for the purpose of receiving public comment on proposed minor revisions of the Land Bank forms. 2. Electricity Supplier Discussion: Mr. Savetsky relayed information from a meeting with representatives of Viridian, a renewable energy supplier, reporting that one of the options they presented claims to use 20% more renewable energy than National Grid and would actually cost a few pennies less. Additionally, another option they presented claims to use 100% renewable energy and would cost slightly more. After some discussion, it was the consensus of the Commission to wait and see others' experience with the company. 3. Land Bank Property Map — Property Update: Mr. Savetsky reported that the map update project was well underway and in the process, a question had arisen as to whether to include Muskeget Island as an inset. Mr. Perry voiced concern with identifying this particular property on the map, as the area is ecologically sensitive. After some discussion, the Commission indicated their preference to include Muskeget on the new map, as recommended by Mr. Savetsky. H. PROPERTY MANAGEMENT: 1. Small Friends /19 Nobadeer Farm Road — Request for Waiver of Right of First Refusal: Mr. Savetsky presented a request for the Land Bank to waive its right of first refusal on the Small Friends' property, as the facility wished to subdivide and carve out a small lot in the rear to sell at some point in the future in order to reduce their debt. After some discussion, upon a motion made and duly seconded, it was unanimously VOTED to consent to the subdivision plan and waive the Land Bank's right of first refusal on the newly subdivided lot to the rear of the property. 2. 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 allow his use 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 Commission agreed to a fee of $4,900 to allow Mr. Kohner to provide these services for the season. 3. Town of Nantucket /DPW — Mosquito Control Proposal: Mr. Savetsky presented a letter from DPW Director, Kara Buzanoski, requesting permission to test for and treat mosquitoes on Land Bank property. Mr. Perry disclosed that his company, Laurentide Environmental, was under contract with the Town to provide the testing and treatment services in the request, acknowledging the conflict of interest and /or financial interest in the matter. Mr. Perry then explained what the treatment entailed and its potential environmental impacts. Upon a motion made and duly seconded, it was unanimously VOTED to allow the Town's proposed mosquito testing and treatment on Land Bank property. Land Bank Commission May 22, 2012 Page 6 4. 30B Washington Street — Cottage Relocation Update: Mr. Perry explained that there was still no progress from Mr. Bartkowiak to move the cottage by the agreed upon date, therefore as a backup plan, he had applied to the Historic District Commission to temporarily move the cottage to 125 Somerset Road and had tentatively reserved a move date with the Town on June 15, 2012. Further, he would need to obtain approval from the Board of Selectmen for that date, as it was one day after the "over the road" permit deadline. 5. Crocker Property /27 North Cambridge Street — Insurance /Occupancy Matter: Mr. Savetsky explained that the Town would require a separate, vacant building insurance policy on the Crocker buildings for the summer months at a cost of approximately $6,000, even though the Land Bank was planning to remove the buildings in the fall. Mr. Savetsky further informed the Commission that Ms. Campese could use housing for the summer, and presented her request to live there for the summer months, which would in turn help the Land Bank avoid this costly building insurance policy. Mr. Perry reported that he had questioned Richard Ray about whether it would be permissible to use the tight tank over the summer and was told it would be fine. After some discussion, upon a motion made and duly seconded, it was unanimously VOTED to have Ms. Campese and her family live in the Crocker buildings for the summer at a rate of $1 per month. 6. 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 grading work on the roads in Smooth Hummocks and Head of Plains for the summer season. Mr. Perry pointed out that this year the roads were in better shape due to the mild winter, with the exception of the road next to Kelly Road. After some discussion, upon a motion made and duly seconded, the Commission unanimously VOTED to have Myles Reis do the annual grading work in Smooth Hummocks and Head of Plains for a total amount not to exceed $12,400. 7. Road Repair Work — Road next to Kelly Road: Mr. Perry presented an estimate from Myles Reis to do the grading and repair work on the road next to Kelly Road, which was in need of a lot of fill. Upon a motion made and duly seconded, the Commission unanimously VOTED to have Myles Reis do the repair work for a total amount not to exceed $5,200. I. PERSONNEL MATTERS: Due to the late hour, the Commission determined to hold over all personnel matters until the next meeting. Land Bank Commission May 22, 2012 Page 7 ADJOURNMENT: Up otion made and dul seconded, it was VOTED to adjourn at 6:55 p.m. i� Attested to: l lien B. Reinhar , ecretary Accepted, Approved, and Released by the VOTE of the Commission thin 12th day of June, 2012. John J. 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MGC — April 2012 Monthly financials, check register and credit card bill 3. SGC — Before and after photographs of maintenance facilities 4. SGC — Proposed graphics for hats 5. "M" Exemption Update- Five -Year Domicile and Ownership Compliance /Release of Lien (see transfer business for record nos.) 6. "M" Exemption — Five -Year Ownership Non - Compliance (see transfer business for record no.) 7. Additional Information Provided — Confidential (see transfer business for record no.) 8. Purchase Price Documentation Provided — Confidential (see transfer business for record nos.) 9. Proposed Transfer Discussion (87A Hinsdale Road) 10. Monthly Financials for April 2012 (Monthly Financial Statement, plus Balance Sheet and Income Statement) 11. Check Warrant Summary and Warrant Authorization dated May 22, 2012 12. Warrant Authorization — 2009 Series A Semi - Annual Bond Payment 13. Proposed minor Land Bank forms revisions 14. Wanoma Way — Beach Stairs Photograph 15. Viridian — Green Energy supplier /pamphlet 16. Small Friends request from attorney Rick Beaudette 17. Small Friends plans 18. Letter from DPW on Mosquito control 19. Estimate for Annual Road Grading — P.M. Reis TRANSFER BUSINESS Nantucket Land Bank Commission Regular Meeting of May 22, 2012 1. "M" Exemption Update: a. Five -Year Domicile and Ownership Compliance — Release of Liens: No. 27982 Heather M. Duval No. 27984 Pavlin Vitanov and Bogdana Krachunova No. 27989 David Glowacki II b. Five -Year Ownership Non - Compliance — Notice of Assessment: No. 30969 Caleb N. Cressman, II (300 Polpis Road) 2. Transfer Update: a. Additional Information Provided: No. 32274 Centerboard GH, LLC - Received underlying beneficiary information for selling entity b. Purchase Price Documentation Provided: No. 32554 Peter L. Watrous - Received fully- executed Purchase & Sale Agreement No. 32606 Summer Salt, LLC - Received fully- executed Purchase & Sale Agreement c. Proposed Transfer Discussion: No. 27584 Brett Morneau and Richard J. Aprea (87A Hinsdale Road)