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HomeMy WebLinkAbout2014-1-28�C. AGENDA Nantucket Land Bank Commission Regular Meeting of January 28, 2014 Land Bank Conference Room, 22 Broad Street Nantucket, Massachusetts RECEIVED 2'JA FES 19 Phi 11 39 CALL TO ORDER: 4:00 P.M. NANTUCKET TWIN CLERK A. CITIZEN BUSINESS /ANNOUNCEMENTS B. EXECUTIVE SESSION 1. Approval of Executive Session Minutes of January 14, 2014 2. Potential Litigation 3. Contract Negotiations 4. Real Estate Acquisition C. GOLF BUSINESS 1. Sconset Golf Course — December 2013 Financials 2. Miacomet Golf Course — December 2013 Financials 3. Manager's Monthly Report D. PROPERTY MANAGEMENT 1. Ram Pasture/Head of Plains Event Request - 2014 Dirty Thirty Bicycle Race 2. Lily Pond - Wedding Ceremony Request 3. Sconset Playground Update E. APPROVAL OF MINUTES 1. Regular Meeting of January 14, 2013 F. TRANSFER BUSINESS G. FINANCIAL BUSINESS 1. Monthly Financial Report 2. Warrant Authorization - Cash Disbursements 3. Warrant Authorization - 2012 Series A Semi - Annual Bond Payment H. REGULAR BUSINESS 1. Request to Hold Conservation Restriction - Pippens Way Subdivision ADJOURNMENT MINUTES Nantucket Land Bank Commission Regular Meeting of January 28, 2014 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER: 4:03 P.M. PRESENT: Gardner, Paterson, Reinhard, Stackpole. ABSENT: Bartlett STAFF PRESENT: Eric Savetsky, Executive Director; Jesse Bell, Assistant Director; Susan Campese, Admimstramr/Finance Manager; Doris Strang, Assistant Administrator. A. CITIZEN BUSINESS /ANNOUNCEMENTS: 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, contract negotiations, potential litigation 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 in regular session following executive session. RETURN TO OPEN SESSION Ms. Bell departed the meeting at 4:05p. m. Attorney, Marianne Hanley; Miacomet Golf General Manager, Tyler Levine of Nantucket Triathlon, LLC; Alan Costa; Miacomet Golf Course Superintendent, Sean Oberly entered the meeting at 5: 05 p. m. C. REGULAR BUSINESS 1. Request to Hold Conservation Restriction — Pippens Way Subdivision: Ms. Hanley presented a request from her client who was purchasing the Sea Terrier Farm property and subdividing it into eight building lots. As a requirement of their Natural Heritage permit they must put a conservation restriction on a total of 6.81 acres in three separate areas. According to the permit, the areas are to be left in their natural states, but allows for management of invasive species and for the property owners' (only) use of the existing trails, plus the addition of new trails, subject to Conservation Commission and Natural Heritage approval. Mr. Savetsky suggested the property lines be permanently delineated in order for property staff to identify any future encroachments, further suggesting he work out an agreement with the Homeowners Association to fund expenses incurred by the Land Bank. Upon a motion made and duly seconded, it was unanimously VOTED to accept the Conservation Restriction. Ms. Hanley departed the meeting at 5:18p. m Land Bank Commission January 28, 2014 D. PROPERTY MANAGEMENT: Page 2 1. Ram Pasture/Head of Plains Event Request — 2014 Dirty Thirty Bicycle Race: Tyler Levine of Nantucket Triathlon, LLC presented a request to hold a "mountain bike" race that looped through Land Bank, Nantucket Conservation Foundation and Town of Nantucket properties on Saturday, August 2, 2014 at 8 a.m. with no puking on the road or course with the event to take approximately three hours with a maximum of 75 participants. Nantucket Triathlon would provide insurance and all participants would sign waivers indemnifying the Land Bank of all claims. Upon a motion made and duly seconded, it was unanimously VOTED to allow the request. Mr. Levine departed the meeting at 5:20p. m E. GOLF BUSINESS: Commissioner Bartlett entered the meeting remotely via speakerphone at 5:21 p.m., after the Chairman determined that his physical attendance at the meeting was unreasonably dif�eult due to the factor ofgeographic distance. 1. Sconset Golf Course — Financial: The Commission reviewed the year -end balance sheet and profit and loss comparison. 2. Miacomet Golf Club — Monthly Manager's Update: a. Financial Report: The Commission reviewed the balance sheet, profit and loss comparison through December 31, 2013, as well as the check register and credit card statement for December. Mr. Costa pointed out the overall improvement over 2012 in income. Additionally, Mr. Costa provided profit and loss reports by department as requested by the Commission. Ms. Campese explained due to the way expenses were assigned to department, the reports, with the exception of the food and beverage department were currently not particularly helpful for planning purposes. Further, Ms. Campese stated she would work with Mr. Costa to realign some of the accounts within the new software and she would create a summary of the reports for ease of review. b. Proposed 2013 Tournament Schedule — Discussion: Mr. Costa distributed a proposed 2014 tournament schedule with the recommendation of adopting the schedule. After some discussion, upon a motion made and duly seconded, it was VOTED to adopt the schedule as written. c. Food and Beverage Manager — Discussion: Commissioner Gardner commended Mr. Costa on the work Kate O'Connor was doing as the Food and Beverage Manager. Through his own observations and comments from others he stated the service was excellent and the food and atmosphere much improved. d. Clubhouse Roof and Painting — Update: Mr. Costa reported he had received two estimates for each project and was awaiting additional ones. So far all estimates were below the not- to- exceed amounts voted at the January 14, 2014 meeting. Upon a motion made and duly seconded, Land Bank Commission Page 3 January 28, 2014 it was unanimously VOTED to authorize Mr. Savetsky and Mr. Costa to award to the lowest responsible bidders the painting and reroofing projects. e. Cart Barn — Update: Mr. Savetsky presented a design for a cart barn from A &B Lumber Company and updated the Commission on the status of the planning for the project. Mr. Savetsky recommended using SM Roethke to get the cart bum through the permitting process as his firm has recently permitted several other A &B Lumber Company buildings on Nantucket. Upon a motion made and duly seconded, it was unanimously VOTED to authorize Mr. Savetsky to hive SM Roethke, subject to reaching acceptable terms, for permitting of the cart barn. f. Employee housing — Update: Mr. Oberly asked the Commission if 158 Orange Street was going to be moved this spring as he still needed it for housing and would have to start looking elsewhere soon. The consensus of the Commission was to plan on moving the building in the fall at the same time as the back building and thereby having it available for golf housing for one more season. g. Outer Rough — Work Schedule: Mr. Oberly presented pictures and aerials of the course outlining areas he would like to bum, cut or clear of dead, dying or fallen trees. He reported on meetings with Mr. Savetsky, Mr. Pollock and Environmental Consultant, Rachael Freeman to aid in creating the plan and to decide the best method for each area. He stated the goal is to bring the environment of Smooth Hummocks into the course. Mr. Savetsky recommended the Commissioners tour the course with Mr. Oberly to see exactly what he plans for each area. Further, Mr. Oberly stated he planned on tagging trees he wanted to remove for the Commission to approve. Commissioner Bartlett stated he was concerned too much vegetation would be cleared from the course. h. Capital Equipment Lease — Discussion: In order to control costs and to accurately budget for equipment, Mr. Oberly recommended leasing equipment for the course. He presented a list of MGC's equipment with current hours and a quote from Toro with state contract pricing for four years for new equipment and three years for used with a $1 buy -out at the end of each lease. The annual cost for the new equipment lease was $64,478.97 for four years and $5,504.97 for three years on the used equipment. After some discussion upon a motion made and duly seconded, it was unanimously VOTED to authorize Miacomet Golf Course to enter into a lease with Toro for new and used equipment with a total cost of $274,430.79, payable over four years (as shown in the Lease Funding Proposal). Mr. Costa and Mr. Oberly departed the meeting at 6:23 p, m. Commissioner Bartlett departed the meeting (via speakerphone) at 6 :24 p. m. F. PROPERTY MANAGEMENT: 1. Lily Pond — Wedding Ceremony Request: Mr. Savetsky presented a request from Katie Cech to have her wedding ceremony at the Lily Pond property on September 6, 2014 from 5:30 to 6:00 pm with set -up at 4:45 p.m. for 50 people with folding chairs, flower arrangements and a violinist or cellist. Upon a motion made and duly seconded, it was unanimously VOTED to Land Bank Commission Page 4 January 28, 2014 approve the request, subject to receipt of a parking/carpooling plan. 2. Scwnset Playground — Discussion: Mr. Savetsky reported a few neighbors would likely appeal a Conservation Commission approval of the project, therefore the Land Bank hired a coastal geologist to bolster the record at the local level in the event of an appeal. 3. Eaglebrook/8 Ocean Avenue Encroachment — Discussion: Commissioner Stackpole relayed several complaints about the Summer House dumping garbage and junk on the Eaglebrook property. The consensus of the Commission was to have Mr. Pollock inspect the area and report back on a solution. G. APPROVAL OF MINUTES: Upon a motion made and duly seconded, it was unanimously VOTED to accept, approve and release the regular session minutes of January 14, 2014, as written. E. TRANSFER BUSINESS: 1. "M" Exemption Update: a. Five -Year Domicile and Ownership Compliance — Release of Liens: Upon a motion made and duly seconded, it was unanimously 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. 29649 Mary Ellen Castle and Mark Castle No. 29664 Virginia I. Kostadinova and Borislav G. Nikolov b. Two -Year Ownership Non- Compliance/Payment and Release of Lien — No. 32207 Brett Sousa: Ms. Campese reported receiving a request from Mr. Sousa's attorney, Peter Kyburg for the payoff amount of the fee, interest and penalty on the above - referenced transfer as the property was being sold prior to the requirements of the exemption being met. Upon a motion made and duly seconded, it was unanimously VOTED to approve and execute a Release of Lien which will be provided to Mr. Kyburg upon full payment of the fee, penalty and accrued interest. F. FINANCIAL BUSINESS 1. Monthly Financial Report: The Commission accepted the December 2013 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 January 28, 2013 warrant document in the amount of $12,206.70 to be provided to the county treasurer. 3. Warrant Authorization — 2012 Series A Bond Semi -Animal Payment: Upon a motion made and duly seconded, it was unanimously VOTED to approve payment and authorize staff to wire the Land Bank Commission Page 5 January 28, 2014 2012 Series A semi -annual bond payment of interest and principal in the total amount of $346,531.25 from the Land Bank's Collection Account to the Bond Trustee at U.S. Bank, G. GOLF BUSINESS: 1. LPGA — Steering Committee: Commissioners Paterson and Gardner reported receiving emails from Richard Turer of Nantucket & Company asking for one of them to be part of a steering committee for the proposed 2015 LPGA tournament. Both Commissioners stated sitting on the committee would be a conflict and upon a motion made and duly seconded, it was unanimously VOTED to designate Mr. Savetsky as the Land Bank representative on the LPGA Steering Committee. ADJOURNMENT: Upon a motion made and duly seconded, it was VOTED to adjourn at 6:46 P.M. Attested to: aK�K - John 1. S taikjlble, Mce ecretaryNice Treasurer o ed, Approved, and Released by the VOTE o th minis ' n this 11th da of Fe wary, 2014. i n . Reinhard, C airman . M O � N W W M O w 30 Z 0 O N A 2 0 20 O a U Y x Z J W U p Z Z Q 5Q Y W r Z Q Z D n o «» w w » o N s�s ug W m> Owi m m w � i E; °.9 r� p o00 � o 0 00° ° 0000 0 0 w � i 828.9 0 0 0 0 o a o 0 o p 6 z a W $ N VVV O C O O@ X Z m E ° w z w o � LL N m� C a -gym gTn m `8x m os 8j� 33 �0 �E r LLQpai r wu 0 Z °ieUrn .. Z ttp cU"u U c a"iWO- U v m a o oLLaQK�m m ZL o M O p- 0 U m m O O. S LL f/1 O Ia0 d r LL Q OUm � w Q Q Q:�mmz\\z y v O CCCQ O ON Y�YYYY y� f m Z mmm m w Z mlpQmmmmmm `q ¢ Z f >> Ur J F N N U>>>>>r C K J 'p a m m m � ��- p v Q r m `m `� p f maim mmm`m m� p 0 N Z Z Z m 7» Z Z Z Z Z Z U r C a a g L ° � p o a w 2 a m C a d aa w B o r W a z a F W > Z a m o J z Q O r LL w a w v R C w w 5 w C � C 0 0 Q Q A. J^ A E a a g L ° g = .. ^ 4 p o a w 2 a m p E a d aa w B o r W a z a F W > Z a m o J z Q O r c $ 8 $ c 5 5 0 0 A. i a` a` C a ^ a N C uwi C Q g ¢ g a g tii `v d m $ C m m � i[ m� :! u 0 w a Z r n a O `m E Z m J ;e W W z O 2 J ¢ O F r O r DOCUMENTS AND EXHIBITS Nantucket Land Bank Commission Regular Meeting of January 28, 2014 1. Pippens Way Subdivision Plan 2. SGC — Balance Sheet, Profit and Loss Comparison, Check Register, Credit Card Statement for December 2013 3. MGC — Balance Sheet, Profit and Loss Comparison, Check Register, Credit Card Statement for December 2013 4. MGC — Departmental Profit and Loss Comparison — December 2013 5. MGC — 2014 Tournament Schedule 6. Cart Barn Design 7. MGC — Outer Rough proposed work (aerials and pictures) 8. MGC — Capital Equipment Lease information 9. "M" Exemption — Release of Lien (see transfer business for nos.) 10. "M" Exemption — Two -Year Non - Compliance Release (see transfer business for no.) 11. Land Bank Financial Reports - December 2013 12. Check Warrant Summary dated January 28, 2014 TRANSFER BUSINESS Nantucket Land Bank Commission Regular Meeting of January 28, 2014 1. "M" Exemption Update: a. Five -Year Domicile and Ownership Compliance — Release of Lien: No. 29649 Mary Ellen Castle and Mark Castle No. 29664 Virginia I. Kostadinova and Borislav G. Nikolov b. Two -Year Ownership Non - Compliance — Payment and Release of Lien: Nos. 32207 Brett C. Sousa