HomeMy WebLinkAbout2012-6-26� N
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AGENDA
Nantucket Land Bank Commission c r—
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Regular Meeting of June 26, 2012 7-
Land Bank Meeting Room, 22 Broad Street ri �--'
Nantucket, Massachusetts a
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CALL TO ORDER: 4:00 P.M. r
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A. CITIZEN BUSINESS /ANNOUNCEMENTS
B. TRANSFER HEARING — No. 30969 Caleb N. Cressman, II
C. EXECUTIVE SESSION
1. Real Estate Acquisition
D. MINUTES OF THE REGULAR MEETING OF JUNE 12, 2012
E. PROPERTY MANAGEMENT
1. Miacomet Golf Course — Manager's Monthly Review
2. Sconset Golf Course — Manager's Monthly Review
F. TRANSFER BUSINESS
G. FINANCIAL BUSINESS
1. Monthly Financial Report
2. Warrant Authorization — Cash Disbursements
H. PROPERTY MANAGEMENT (cont'd)
1. Property Supervisors Monthly Report
2. July 4th Beach Management Update — Participation in Town Management Effort
3. Annual Road Grading
4. Muskeget Property — Use Request
I. PERSONNEL MANAGEMENT
1. Annual Employee Review /Compensation Discussion
ADJOURNMENT
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MINUTES
Nantucket Land Bank Commission
Regular Meeting of June 26, 2012
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.
Caleb N. Cressman, II and his attorney, Arthur I. Reade were also present at call to order.
A. CITIZEN BUSINESS /ANNOUNCEMENTS:
1. Craig Property/Nantucket Community Sailing ( "NCS "): Mr. Savetsky reported that the
Board of Selectman would be discussing a Wauwinet neighborhood request to widen Polpis Harbor
Road to enable the use of the Craig property as a launching point for the NCS youth program. Mr.
Savetsky relayed the substance of his conversations with NCS's Chief Executive Officer, Diana
Brown, discussing various alternatives. Mr. Reade spoke as a member of the NCS Board of
Directors and stated that he would be attending the Selectman's meeting.
Resource Planner /Ecologist, Bruce Perry entered the meeting at 4:04 p. m.
B. APPROVAL OF MINUTES: Upon a motion made and duly seconded, it was unanimously
VOTED to accept, approve and release the regular session minutes of June 12, 2012, as written.
C. TRANSFER HEARING —No. 30969 Caleb N. Cressman, II:
Pursuant to Section 14 of the Land Bank Act, the Commission held a hearing on the matter of the
Notice of Assessment from the Nantucket Islands Land Bank Commission dated May 23, 2012, to
Caleb N. Cressman, II.
The hearing was tape recorded.
Arthur I. Reade, Esq., was present to act as representative for Caleb N. Cressman, II, who was also
present.
The hearing was opened by Chairman Stackpole.
Administrator /Fiscal Officer, Jesse Bell provided a brief summary of events leading up to the
Notice of Assessment.
Land Bank Commission Page 2
June 26, 2012
Ms. Bell asked that the documents presented to the Commission be entered into the record as
exhibits. The following exhibits were entered without objection:
Exhibit A, Transfer Documents Record No. 30969, including Form A and deed conveying 300
Polpis Road (approximately 8.8 acres) from Laura B. Hussey to Caleb N. Cressman, II, with a
purchase price of $750,000 (claiming "C" exemption on $1,000,000 of agreed value of $1,750,000
and "M" exemption on $400,000 of stated purchase price), recorded at the Nantucket Registry of
Deeds on August 31, 2010, as Book 1242, Page 339;
Exhibit B, Nantucket Islands Land Bank Notice of Lien dated September 15, 2010, to Caleb N.
Cressman, II, recorded at the Nantucket Registry of Deeds as Book 1245, Page 57 on September 15,
2010;
Exhibit C, Correspondence from the Nantucket Islands Land Bank to Caleb N. Cressman, II dated
September 1, 2010, restating the requirements of the "M" Exemption;
Exhibit D, Plan by Josiah S. Barrett, dated February 28, 1963, recorded at the Nantucket Registry of
Deeds as Plan Book 16, Page 8;
Exhibit E, Transfer Documents Record No. 32653, including Form 1 and deed conveying 300 Polpis
Road (approximately 4.4 acres) from Caleb N. Cressman, II, to Tessa B. Cressman, for a purchase
price of $500,000 (claiming "M" exemption on $400,000), recorded at the Nantucket Registry of
Deeds on May 4, 2012, as Book 1326, Page 90;
Exhibit F, Nantucket Islands Land Bank Notice of Lien dated June 13, 2012, to Tessa B. Cressman,
recorded at the Nantucket Registry of Deeds as Book 1331, Page 130 on June 13, 2012;
Exhibit G, Plan by Blackwell & Associates, Inc., dated September 7, 2011, recorded as Plan No.
2012 -32;
Exhibit H, Email correspondence regarding "M" exemption non - compliance from Jesse Bell to
Arthur Reade dated May 9, 2012 (10:58 AM) and response email from Arthur Reade to Jesse Bell
dated May 9, 2012 (2:43 PM);
Exhibit I, Notice of Assessment from the Nantucket Islands Land Bank Commission dated May 23,
2012, to Caleb N. Cressman, 11, and cover letter from John J. Stackpole, Chairman, Nantucket Land
Bank Commission, dated May 23, 2012, to Caleb N. Cressman, II, sent by certified mail, return
receipt requested;
Exhibit J, Correspondence dated May 30, 2012, from Steven Cohen, Esq. to John J. Stackpole,
Chairman, Nantucket Land Bank Commission, requesting a hearing on Nantucket Islands Land Bank
Notice of Assessment to Caleb N. Cressman, II;
Exhibit K, Email string including (i) correspondence from Jesse Bell dated May 31, 2012 (11:40
AM) to Steven Cohen suggesting June 26, 2012, as the hearing date and inquiring as to who would
be representing on the matter; (ii) correspondence from Steven Cohen dated May 31, 2012 (12:21
PM) to Arthur Reade and Jesse Bell; (iii) correspondence from Arthur Reade dated May 31, 2012
(7:04 PM) accepting the proposed June 26, 2012 hearing date and confirming his representation on
the matter; and (iv) correspondence from Steven Cohen dated May 31, 2012 (7:42 PM) to Jesse Bell
Land Bank Commission Page 3
June 26, 2012
and Arthur Reade acknowledging the hearing date and attorney Reade's representation;
Exhibit L, Provisions of the Land Bank Act and Rules and Regulations of the Commission which are
applicable to the "M" exemption; more specifically, Section 12( -m -) of Chapter 669 of the Acts of
1983, as amended, and Section 4.16 of the Rules and Regulations of the Nantucket Islands Land
Bank Commission;
Exhibit M, Email correspondence regarding exhibit list and exhibits, as well as hearing scheduling
from Jesse Bell to Arthur Reade dated June 20, 2012 (2:14 PM); response email from Arthur Reade
to Jesse Bell dated June 22, 2012 (11:20 AM), confirming acceptance of the proposed exhibit list,
exhibits and hearing time, and indicating that his client will be in attendance.
Mr. Reade presented his interpretation of the ownership requirement of the "m" exemption as stated
in the Land Bank statute, arguing that although there was the later transfer of a vacant portion of the
exempted property, his client was still domiciled on the portion of the property which had not been
transferred to Tessa Cressman, and therefore he should be entitled to retain the exemption.
After some discussion, and there being no further information or evidence to be provided, upon a
motion made and duly seconded, it was unanimously VOTED to close the hearing.
Attorney Reade and Mr. Cressman departed the meeting at 4: 23 p.m.
Property Supervisor, Jeffrey Pollock entered the meeting at 4:27 p.m.
D. PROPERTY MANAGEMENT:
1. Property Supervisor's Monthly Report: Mr. Pollock reported that the new management
approach at the Sharpe property appeared to be working, with no issues to date, and that the dock
had been installed there for the season. Further, the walls and ceiling of the new landscape building
were now finished with blue board and plaster, and the beach stairs at Wanoma Way were complete
and awaiting final inspection by the Conservation Commission. Mr. Savetsky relayed appreciation
from several neighbors for the stairs. Mr. Pollock additionally reported the paving of three aprons
was completed at Sanford Farm, Gardner property and Hinsdale Park by Victor - Brandon
Corporation under the Town paving contract. Further, Mr. Pollock presented an estimate of $12,000
from Victor - Brandon Corporation to pave Radio Tower Road from West Miacomet Road to just
beyond the cart path (approximately 145 feet). The Commission opted to postpone this decision
until after the summer season to see how the recent fill and grading hold up. Mr. Pollock said
property management staff was in summer mode doing clean up, trail maintenance, parking lot
openings and starting next week, patrolling seven days a week. Further, the house was removed
from 30B Washington Street and the property cleaned up, loamed and reseeded.
2. Property Assistant — Update: Mr. Pollock reported that Mr. Boynton was expected to
return to work on light duty next week, having substantially recovered from his injury.
Mr. Pollock and Mr. Perry departed the meeting at 4:45 p.m.
Land Bank Commission Page 4
June 26, 2012
E. EXECUTIVE SESSION: Upon a motion made and duly seconded, it was unanimously VOTED
to enter 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
F. PROPERTY MANAGEMENT:
1. `Sconset Golf Course ( "SGC ") — Manager's Monthly Review:
a. Financial Report: The Commission reviewed the balance sheet and profit and loss
through May 31, 2012, as well as check register for May 2012. Mr. Costa reported that so far, all
was going well and Comcast had finally finished hooking up the high speed internet. The point of
sale system was expected to be up and running by the next day. Mr. Costa answered various
questions from the Commission pertaining to the check register.
b. Escrow Items — Discussion: Mr. Savetsky reported that the results of the well
water testing were still not in and the attorneys for the Coffin family were still working on the
Massachusetts DEP issue. However, the septic system had been designed and the next step would
be the procurement for installation.
c. Course Maintenance — Discussion: Mr. Oberly reported that maintenance over at
`Sconset was challenging at times due to the unreliability of the grounds equipment. Staff have
punched sand into the greens but most of the work is scheduled for the fall which would result in a
significant improvement next spring. Commissioner Paterson asked Mr. Oberly to fix the broken
railing in the front of the parking area and Mr. Savetsky suggested trimming back the brush on the
Milestone Road for safety when exiting the parking lot.
d. Golf Cart — Discussion: Mr. Costa reported on receiving a few requests for golf
carts at SGC and recommended against providing carts for the course. After some discussion, the
Commission determined not to provide the carts at this time and to revisit the issue next year.
2. Miacomet Golf Course ( "MGC ") — Manager's Monthly Review:
a. Financial Report: The Commission reviewed the balance sheet and profit and loss
comparison through May 31, 2012, as well as the credit card statement and check register for May
2012, which was previously provided by electronic correspondence. Mr. Costa reported cash flow
was much improved over last year as well as income, with lower expenses and cost of goods sold.
Mr. Costa answered various questions from the Commission pertaining to the check register.
b. Capital Improvements Committee Meeting: Mr. Savetsky reminded the
Commission there would be a golf capital improvement committee meeting tomorrow at 4 p.m. in
the conference room at Wannacomet Water Company. Among other things, the committee was
Land Bank Commission Page 5
June 26, 2012
planning to discuss and make a recommendation on the need for more regular golf meetings.
c. Member Discussion: Mr. Costa questioned whether there were any concerns
regarding member T.L. Halford as mentioned to him by Commissioner Bartlett. After a brief
discussion of prior clubhouse planning efforts Mr. Halford had been involved in, no further
concerns were expressed. In addition, Mr. Costa stated that the membership committee at MGC had
been recently revived, however he had not attended any meetings nor received any feedback or
requests from the group.
d. Senior US Open — Discussion: Commissioner Bartlett announced that MGC
member, Brian Secia, had qualified and was planning to attend the US Open Senior Tournament in
Michigan. Mr. Costa reported that members asked if MGC would help pay for Mr. Secia's travel
expenses, and that his response was "no" due to the public nature of MGC.
Mr. Costa and Mr. Oberly departed the meeting at 5:36 p.m.
G. TRANSFER BUSINESS:
1. "M" Exemption Updates:
a. Updated Property Description /Amended Notice of Lien — Nos. 29305 and 32705
Ali Tepurkayev and Maria Touzakova: The Commission authorized the placing of an Amended
Notice of Lien against the above - mentioned property, necessitated by the property description
changing from a condominium unit to a separate lot.
b. Updated Property Description/Consent of Lienholder Request — No. 30616 Yury
Nikulin and Maryia Nikulina: Ms. Bell presented a request from Jessie Glidden, attorney for the
above - mentioned purchasers of one condominium unit to sign a Consent of Lienholder request in
order to facilitate the removal of the property from the purview of the condominium statute, so that
the owner could buy the adjoining unit and merge them into one lot. Pursuant to Ms. Bell's
recommendation, upon a motion made and duly seconded, the Commission unanimously VOTED
to execute the Consent of Lienholder provided by Ms. Glidden, which included language to update
and amend the property description in the Land Bank's previously recorded Notice of Lien on the
property.
c. Five -Year Domicile and Ownership Compliance — Release of Liens: Upon a
motion made and duly seconded, it was unanimously VOTED to execute and 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. 28065 Frederick Wellington
No. 28115 Pilaiwan Wongsarak Manejit and Jirasak Manejit
No. 28151 Molly Harding and Joseph W. Manning
No. 28154 Michelle Johnson and Shayron J. Taylor
No. 28165 Seth Collette
Land Bank Commission
June 26, 2012
H. FINANCIAL BUSINESS:
Page 6
1. Monthly Financial Report: The Commission accepted the May 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 June 26, 2012 warrant document in the amount of
$11 6,574.11 to be provided to the county treasurer.
I. PROPERTY MANAGEMENT:
1. July 4th Beach Management Update — Participation in Town Management Effort: Mr.
Perry provided an update after attending another meeting with Town and Police officials and
summarized the formal plan he received for the Town's beach management during the week of June
30th to July 7th. He presented maps identifying road closures and restricted parking areas, along with
locations where police checkpoints would be set up. The Town would be placing roll off dumpsters
and add additional port-a- potties on some properties. Additionally, the Land Bank ATV would be
left for emergency use at the Fire Department for the week.
2. Annual Road Grading: The Commission inquired about the procurement process which
was done for annual road grading, indicating that they had received comments from other vendors
who wished to bid on the project. Mr. Perry explained how the work was awarded and agreed to
develop more formal specifications for next year.
3. Massachusetts Certified Public Purchasing Officer ( MCPPO) — Clarification: Mr.
Savetsky informed the Commission that Ms. Bell had recently received her MCPPO status from the
Inspector General's office and wished to clarify her responsibilities at the Land Bank in this regard.
Namely that, given the present structure of the office, she could not to guarantee compliance with
regard to procurement on Land Bank projects, unless those projects are specifically assigned to her
by the Director. Ms. Bell indicated her willingness to advise on any project, but wanted the
Commission to know that she could not be held responsible for projects that are not under her
exclusive control.
4. Muskeget Property — Use Request: Mr. Savetsky presented a request from Steve Holdgate
to stabilize the cottage on Muskeget, asking for permission to send a four wheel drive truck to the
island by barge, put the house on cribbing, make repairs and remove debris. Mr. Savetsky reminded
the Commission that the entire island was covered by a Conservation Restriction held by the
Nantucket Land Council and any work needed to be permitted by Natural Heritage, the Historic
District Commission, Building Department, and Conservation Commission. Mr. Perry also pointed
out that there were currently endangered birds nesting on the property. It was the consensus of the
Commission to allow the stabilization as long as all the debris gets cleaned up and all proper
permits are obtained and complied with.
Land Bank Commission
June 26, 2012
J. PERSONNEL MANAGEMENT:
Page 7
1. Annual Employee Review /Compensation Discussion: Mr. Savetsky discussed revising the
procedures for annual employee reviews and compensation adjustment, requesting that after
deliberation, the Commission allow him to provide input on proposed raises before a final vote is
taken. After much discussion, the Commission requested that Mr. Savetsky give the process some
additional thought and come back with a more formal proposition for next year.
ADJOURNMENT: Up motion made and my seconded, it was VOTED to adjourn at 6:35 p.m.
Attested to: (4( , -P ��A
n B.4WriI4ard, Secretary
Accepted, Approved, and Released by the VOTE
of the Commission this 10th day of July, 2012.
John J. StacVpole, Chairm an
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TRANSFER BUSINESS
Nantucket Land Bank Commission
Regular Meeting of June 26, 2012
1. "M" Exemption Update:
a. Updated Property Description — Amended Notice of Lien:
Nos. 29305 and 32705 Ali Tepsurkayev and Maria Touzakova
b. Updated Property Description — Consent of Lienholder Request:
No. 30616 Yury Nikulin and Maryia Nikulina
c. Five -Year Domicile and Ownership Compliance — Release of Liens:
No. 28065 Frederick Wellington
No. 28115 Pilaiwan Wongsarak Manejit and Jirasak Manejit
No. 28151 Molly Harding and Joseph W. Manning
No. 28154 Michelle Johnson and Shayron J. Taylor
No. 28165 Seth Collette
2.
3.
4.
5.
6.
7.
8.
9.
DOCUMENTS AND EXHIBITS
Nantucket Land Bank Commission
Regular Meeting of June 26, 2012
Transfer Hearing Exhibit List and Exhibits — No. 30969 Caleb N. Cressman, II
SGC Financial Reports — May 2012
MGC Financial Reports — May 2012
"M" Exemption Update /Amended Notice of Lien — Record Nos. 29305 & 32705
"M" Exemption Update /Consent of Lienholder Request — Record No. 30616
"M" Exemption Update /Five -Year Domicile & Ownership Compliance Release of
Liens (see transfer business for record no.)
Land Bank Financial Reports — May 2012
Check Warrant Summary and Warrant Authorization dated June 26, 2012
Email Request from Steve Holdgate Re: Muskeget cottage