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Home My WebLink About2010-08-10 .. AGENDA Nantucket Land Bank Commission Regular Meeting of August 10,2010 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER A. EXECUTIVE SESSION B. CITIZEN BUSINESS/ANNOUNCEMENTS C. MINUTES OF THE REGULAR MEETING OF JULY 27, 2010 D. PROPERTY MANAGEMENT 1. Property Supervisor's Update 2. Holdgate/Old South Road Property - Use Request 3. Nobadeer Farm Road - Use Request 4. Ladies Beach - Use Request 5. Codfish Park Property - Use Request 6. Miacomet Beach Property - Use Requests 7. Wade Cottages Beach - Use Request 8. Mt. Vemon Farm Property - Encroachment Complaint -iZ S:c~ ~".y '"., "., ; '1.-.... E. TRANSFER BUSINESS F. FINANCIAL BUSINESS 1. Monthly Transfer Statistics 2. Warrant Authorization - Cash Disbursements G. REGULAR BUSINESS 1. Open Meeting Law - Discussion of Recent Changes ADJOURNMENT . - o ;:c:. c= C") ~ .""'0 N N 0\ ;0 tn , .'") - , " , ". ~J. .. MINUTES Nantucket Land Bank Commission Regular Meeting of August 10,2010 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER: 4:00 P.M. PRESENT: Gardner, Johnson, Reinhard, Stackpole. ABSENT: Bartlett. STAFF PRESENT: Eric Savetsky, Executive Director; Jesse Bell, AdministratorlFiscal Officer; Susan Campese, Assistant Administrator. A. EXECUTIVE SESSION: Upon a motion made and duly seconded, it was 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. Commissioner Bartlett entered the meeting at 4: lOp. m. RETURN TO OPEN SESSION Concerned Citizen Bruce Miller; Property Supervisor Jeffrey Pollock; and Assistant Property Manager Robert Earley entered the meeting at 4:50 p.m. B. APPROV AL OF MINUTES: Upon a motion made and duly seconded, it was VOTED to accept, approve and release the regular session minutes of July 27,2010, as written. C. CITIZEN BUSINESS/ANNOUNCEMENTS: Mr. Miller addressed the Commission about the Nantucket Dreamland Foundation project as a concerned citizen. He commended the Land Bank as one of the most successful organizations on Nantucket, proving ourselves to be opportunistic, flexible, and clever at solving problems. He emphasized that the Dreamland theatre will be a community space in the heart of downtown for many generations of children to enjoy, and that a partnership with the Land Bank would represent a significant demonstration of community support. Mr. Miller stated that he hoped the Commission would keep an open mind and perhaps think creatively on how to structure a deal that would address everyone's concerns. Chairman Stackpole thanked Mr. Miller for coming and indicated that the Commission would take his comments under advisement going forward. Bruce Miller left the meeting at 5:08 p.m. D. PROPERTY MANAGEMENT: 1. Property Supervisor's Update: Mr. Pollock reported that property management staff was Land Bank Commission August 10,2010 Page 2 primarily occupied with maintaining Land Bank properties at the moment and that in this effort, the new six-wheeler was extraordinarily helpful in saving time with trash cleanup on the beaches. Further, Mr. Pollock indicated having received positive feedback from the community on the Peterson Property, Sevrens Property and the newly blocked off road in Smooth Hummocks. 2. Sharpe Property - Parking Concerns: Mr. Pollock informed the Commission that people were using the parking area at the Sharpe Property for long-term parking, indicating that staff would work on a parking policy and present for discussion to the Commission this fall. 3. Munson House - Maintenance Request: Mr. Pollock reported that the Munson house was in need of some painting work and presented three price estimates for comparison. Based on Mr. Pollock's recommendation, upon a motion made and duly seconded, it was VOTED to authorize the expenditure of $4,500 for L.J. Fields Painting to complete the work. 4. Holdgate/Old South Road Property - Use Request: Mr. Savetsky presented a request from abutter Richard Valero of Valero Limited Partnership to create a grazing area on a portion of the Holdgate property for their cattle and horses, which includes putting up some additional fencing to create a buffer zone between the public and the animals. Mr. Valero indicated that many children and senior citizens came to visit the animals regularly, and that he planned to coordinate a viewing schedule with these groups. Upon a motion made and duly seconded, the Commission VOTED to approve the request, subject to working out the details of fencing with property management staff. 5. Nobadeer Farm Road - Use Request: Mr. Savetsky presented a request from Steve McCluskey, Executive Director of Small Friends, and several parents of children who attend the daycare facility, for a connecting path to be cut from the Small Friends building to the town bike path on Land Bank property so they did not have to ride along Nobadeer Farm Road getting to and from Small Friends. Upon a motion made and duly seconded, it was VOTED to approve the request, subject to Mr. Perry determining the exact location of the path. 6. Ladies Beach - Use Request: Mr. Savetsky presented a request from Nantucket Clambake Company for the MSPCA's annual "Fashion for Compassion" auction at Ladies Beach on Tuesday, September 7, 2010 with tables for up to 20 guests, staff set up at 5 p.m., and guests arriving at 6 p.m. Nantucket Clambake Company will be donating a small raw bar, appetizers, labor and costs for the event. Upon a motion made and duly seconded, it was VOTED to approve the request as presented. 7. Codfish Park Property - Use Request: Mr. Savetsky presented a request from A Taste of Nantucket for a clambake at Codfish Park on Sunday, August 22,2010 with tables, chairs and bar set up for 15 guests from 6 to 9 p.m. Upon a motion made and duly seconded, it was VOTED to approve the request as presented. 8. Miacomet Beach Property - Use Request: Mr. Savetsky presented a request from A Taste of Nantucket for a clambake at Miacomet Beach on Friday, September 24,2010 with tables, chairs and bar set up for 30 guests and 5 staff at 5 p.m. Upon a motion made and duly seconded, it was VOTED to approve the request with the modification that there be no beach driving or set up prior Land Bank Commission August 10, 2010 Page 3 to 5 p.m. 9. Miacomet Beach Property - Use Request: Mr. Savetsky presented a request from A Taste of Nantucket for a clambake at Miacomet Beach on Monday, August 30,2010 with tables, chairs and bar set up for 20 guests and five staff from 6 to 9 p.m. Upon a motion made and duly seconded, it was VOTED to approve the request as presented. 10. Wade Cottage Beach - Use Request: Mr. Savetsky told the Commission that a previously approved wedding ceremony on Low Beach on August 30,2010 was being changed to the beach in front of Wade Cottages. Upon a motion made and duly seconded, it was VOTED to approve the change in location. 11. Mt. Vernon Farm Property - Encroachment Complaint: Mr. Savetsky informed the Commission that the Land Bank was copied on a letter from attorney Wayne Holmes to Sarah Alger, as attorney for Cisco Brewers, complaining of the smell and location ofa cistern being used at-the propcrty;-The€ommission asked-Mr. Savetsky t"6 have Mr, Perry locate the property lines and further investigate the issue. E. TRANSFER BUSINESS: 1. July 2010 Transfers - Record Nos. 30854 through 30908: The Commission reviewed transfers for the period of July 1,2010 through July 31, 2010. a. Current "M" Exemptions and Liens: The Commission authorized the placing of liens against the following properties as a result of the purchasers claiming the "M" exemption as first-time buyers of real property: No. 30856 Benjamin Simons and Alison Cooley No. 30880 Carlos Blair Perales and Katy Horgan No. 30888 Maurice V. and Alice J. Daniels b. Additional Information Required: No. 30871 Brant Point Courtyard Condominium Trust No. 30872 Patricia Ann Park Realty Trust c. Purchase Price Documentation Required: No. 30854 George Drapeau and Sheila Drapeau No. 30863 Sandra W. Morgan 2. Transfer Update: a. Two-Year Domicile Non-Compliance/Extension Request- No. 29127 Twenty- Eight Young's Way Nominee Trust: The Commission considered a written request from the Cand Bank Commission August 10, 2010 Page 4 purchaser seeking a one-year extension of the two-year domicile requirement. The purchaser claimed that financial and permitting issues caused the delay in building and she was starting to develop the property and expected to be domiciled there within the year. Upon a motion made and duly seconded, the Commission VOTED to extend the domicile requirement period for one year ending June 4, 2011. b. Five-Year Ownership Non-Compliance/Short Sale Waiver Request - No. 28414 Stacy Gibbons: Ms. Bell summarized the details of the proposed "short sale" and presented a request from the purchaser for a Release of Lien on the above-referenced transfer. Based on substantial documentation of financial hardship supplied by the purchaser, upon a motion made and duly seconded, it was VOTED to execute a Release of Lien to be provided to Ms. Gibbons or her designee when the deed comes through the Land Bank prior to recording. F. FINANCIAL BUSINESS: ..t. . MonthlyTransfcr Statistics: Monthlytransfcrstatisties reports eompar..ng-calcndaryears 2009 and 2010 through July 2010 were presented. 2. Warrant Authorization - Cash Disbursements: Upon a motion made and duly seconded, it was VOTED to execute the August 10, 2010 warrant document in the amount of$80,100.60 to be provided to the county treasurer. G. REGULAR BUSINESS: 1. Open Meeting Law - Discussion of Recent Changes: Mr. Savetsky, Ms. Bell and Chairman Stackpole reported on the substance of a seminar with Town Manager Elizabeth Gibson and Town Clerk Catharine Stover which focused on changes to the open meeting law, the most notable of which are: (a) the posting of agendas 48 hours in advance of the meeting (excluding weekends and holidays) in a place visible to the public 24/7; and (b) the listing and retaining of documents and exhibits used at the meeting. Attested to: ADJOURNMENT: Accepted, Approved, and Released by the VOTE of the Commission this 24th day of August, 2010. Of ~A4L Johnl Stac pole, Ch~an Nantucket Land Bank Commission Regular Meeting of August 10,2010 Documents and Exhibits List 1. July 2010 Transfers 2. Transfer Revenue Graph 3. Check Warrant Summary 4. L.J. Field Painting Estimate 5. Valero Request Letter 6. Email Request from Steve McCluskey, Executive Director of Small Friends 7. Nantucket Clambake MSPCA Event Request at Ladies Beach 8. A Taste of Nantucket Clambake Request at Codfish Park 9. A Taste of Nantucket Clambake Request at Miacomet Beach 10. A Taste of Nantucket Clambake Request at Miacomet Beach 11. Nantucket Clambake Wedding Ceremony Location Change Request 12. Wayne Holmes letter to Sarah Alger regarding Cisco Brewery . ]IQ~wBI.I::rt.NleF.l::\lw~III;I\:\"N.lmj:IIlI::::t:\tt::IIjIII\::jl:I\I::::::::::I:::::I::\II:::I\\\:\:jII:I~::t::::::II\:::I::\IIItj:\:Itj:Ij:I\:\:\:j:::I::IjtIII:\I::::II::I:\\: CAL09 Total Exempt Taxable Total Gross Gross Revenue Month Transfers Transfers Transfers Value Value Taxable Received Jan-09 59 45 14 $21,784,925 $15,984,925 $319,787 Feb-09 53 37 16 $14,330,594 $12,538,233 $239,530 Mar-09 53 42 1 1 $17,755,594 $15,955,594 $327,1 12 Apr-09 52 34 18 $39,600,613 $29,920,613 $598,412 May-09 68 43 25 $18,179,460 $14,853,400 $297,068 Jun-09 58 45 13 $10,720,838 $8,885,838 $185,717 Jul-09 61 41 20 $44,644,114 $42,991 t 125 $878,323 Aug-09 37 25 12 $17,214,552 $12,649,226 $252,985 Sep-09 92 46 46 $67,744,386 $64,608,073 $1,280,828 Oct-09 85 38 47 $90,032,410 $87,070,640 $1,741,413 Nov-09 94 60 34 $61,669,385 $57,127,164 $1,150,543 Dec-09 1 14 78 36 $60,1 19,575 $49,272,425 $985,449 .".. ..... ... ... ft Average 69 45 24 $38,649,704 $34,321 ,438 $688,097 Low 37 25 1 1 $10,720,838 $8,885,838 $185,717 High 1 14 78 47 $90,032,410 $87,070,640 $1,741,413 ':IQNwBlI:1t.NlegS:::IIIIIW.::;_N.Q.:\:IQ1:1~:tItmj\::Ij:j:::j:::\ll::\:\:\j\j\j:j\::::j::\::j:j::t\::j:j::\:::::I\j~:\I:::\:\\::~j::\!:::j:!:!::\j:j:::!\::~\:\\\\\\j\j\j:!:j\j:j:!\j\\:\:::::j\j::II\!:\I\:::'j\j@I:j:\::~~:\\\::ft:\~::::::'::It: CAL 10 Total Exempt Taxable Total Gross Gross Revenue Month Transfers Transfers Transfers Value Value Taxable Received Jan-10 60 48 12 $13,437,926 $12,194,500 $243,890 Feb-10 67 44 23 $59,068,081 $54,426,906 $1,083,956 Mar-10 74 42 32 $39,115,847 $34,074,250 $681 ,485 Apr-10 50 26 24 $30,068,735 $28,979,000 $587,080 May-10 72 49 23 $44,629,928 $35,100,208 $702,004 Jun-10 84 46 38 $66,797,096 $38,947,596 $779,553 Jul-10 55 31 24 $26,038,861 $23,613.361 $476,267 Aug-10 Sep-10 Oct-10 Nov-10 Dec-10 ..,-. ..........-........,..-_............ 462. """"""""2'86""". "176"""" .."'$27915641$"". .""$227'$35'821"'. ",... $4~$p4,2$5 '.'.'" .THRU' JUt '10""". .,.. ".............. ....,". . ... ......... ........ .... ... ' . .. . . ....... ..-.. ., ...". .... - .....-.... . : : : : ; : : : : . : . : : . : : . : ~ . : . : : . : ; : . : : : : ; : : : : ; : : ; : : : : ~ : : : : : ~ : ~ ~ ; ; ; : . . : ; . . : : . : : ; ; : : : : ..... . :::;::: ".::::::::;:: : :::; :;; : .::.. ; . : : . .:t; ~.: . . : .: : ~;: . :; .:;. . ;; :;; : : :....",,,....:.L...,,,t..,..',.,:'.'.',. ............"... Average 66 41 25 $39,879,496 $32,476,546 $650,605 Low 50 26 12 $13,437,926 $12,194,500 $243,890 High 84 49 38 $66,797,096 $54,426,906 $1,083,956 . MONTHL Y (UNAUDITED) ~ -_.~~.j" TRANSFER BUSINESS Nantucket Land Bank Commission Regular Meeting of August 10, 2010 1. July 2010 Transfers - Record Nos. 30854 through 30908: a. Current "M" Exemptions: No. 30856 Benjamin Simons and Alison Cooley No. 30880 Carlos Blair Perales and Katy Horgan No. 30888 Maurice V. and Alice J. Daniels b. Additional Information Required: No. 30871 Brant Point Courtyard Condominium Trust (Form B, Part G - Seller's Affidavit) No. 30872 Patricia Ann Park Realty Trust (Form B, Part G - Seller's Affidavit) c. Purchase Price Documentation Required: No. 30854 George Drapeau and Sheila Drapeau (38 Madaket Road) - Purchase Price $500,000/ Assessed Value $752,000 - 66% of Assessed Value No. 30863 Sandra W. Morgan (59 Center Street - 13.33% interest) - Purchase Price $133,334 / Assessed Value $285,636 - 47% of Assessed Value 2. Transfer Update: a. Two-Year Domicile Non-Compliance - Extension Request: No. 29127 Twenty-Eight Young's Way Nominee Trust b. Five-Year Ownership Non-Compliance - Short Sale Waiver Request: No. 28414 Stacy Gibbons