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HomeMy WebLinkAbout2013-4-8MINUTES Nantucket Land Bank Commission Regular Meeting of April 8, 2013 Town Building Conference Room, 16 Broad Street Nantucket, Massachusetts CALL TO ORDER: 4:06 p.m. PRESENT: Bartlett, Gardner, Paterson, Reinhard, Stackpole. o 2 v STAFF PRESENT: Eric Savetsky, Executive Director; Jesse Bell, Assistant Dir4r; 94san F Campese, Administrator/Finance Manager. 0 N n s I Also present at call to order: Miacomet Avenue Resident Ron Shepherd .� � 3 0 A. CITIZEN BUSINESS /ANNOUNCEMENTS: y r s 1. 80 Miacomet Road/Reis Property: Mr. Shepherd congratulated the Commisso orf'flre acquisition of the Reis property on Miacomet Pond and requested that the Commission e'6nsider cutting a trail to connect it with the Burchell property. Further, he asked that either a parking space or turn around be created on the property for public access. Mr. Savetsky assured Mr. Shepherd that the trail connector was on the work plan, however staff needed to make the property more suitable for public use first by eradicating the Japanese Knotweed, followed by top dressing the soil and allowing the property to green up. Mr. Shepherd departed the meeting at 4:13 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 Bruce Perry, Ecologist/Resource Planner; Jeffrey Pollock, Property Supervisor; and Lori D'Elia, Attorney entered the meeting at 5: 07 p. m. C. PROPERTY MANAGEMENT: 1. Cisco Beach — Mobile Vending Request: Mr. Savetsky summarized the current mobile food vending licenses issued by the Town for Land Bank beaches. There were three that visited Cisco beach with various starting and ending times and all were prohibited from parking within 500 feet of each other or any other licensed food establishment. Attorney Lori D'Elia requested that her client Hither Creek, LLC (dba "Millie's ") be allowed to visit Cisco Beach, seven days a week from Land Bank Commission Page 2 April 8, 2013 10 a.m. to 4 p.m, along with their visits to Madaket, Dionis and Fisherman's beaches. Ms. D'Elia said her client would comply with any special conditions set forth by the Land Bank, provided they could be present at least two hours in duration at Cisco beach, as they would like to have the flexibility to respond to variations in weather and crowd conditions. The Commissioners were concerned with trash collection and monopolizing the parking lot. After much discussion, upon a motion made and duly seconded, it was unanimously VOTED to allow "Milfie's" mobile food truck to visit Cisco Beach seven days a week between 10 a.m. to 4 p.m. for a maximum of two hours per day. Further, the Commission asked staff to notify all other current vendors to inform them that they were also subject to the two hours per day time limitation and were responsible to provide trash receptacles while on the property, taking away any trash collected with them when they leave. Ms. D'Elia departed the meeting at 5:26p. 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 March 26, 2013, as written. E. TRANSFER BUSINESS: 1. March 2013 Transfers — Record Nos. 33910 through 33995: The Commission reviewed transfers for the period of March 1, 2013 through March 31, 2013. 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. 33917 Laura Suzanne Fletcher No. 33959 Robert Dunbar and Jenifer Dunbar No. 33960 Adam Ross. and Emma Ross No. 33993 Elmer Deras b. Proposed "M" Exemption Refund: Ms. Campese relayed a request from a local attorney to claim the "M" exemption for a married couple that was purchasing a home. Due to a requirement from their mortgage company, the original deed would need to be in the husband's name only and unfortunately he was not the spouse who qualified for the "M" exemption. However, thirty days after the initial transfer, the husband planned to transfer the property into both their names. Ms. Campese sought feedback from the Commission, suggesting that the "M" exemption should not apply to the initial transfer, but when and if the second transfer transpires, she would recommend that the Commission approve a written request for a refund. The Commission assured Ms. Campese that they would approve the request for a refund when the second transfer transpires, provided the wife is eligible to claim the exemption. 2. Transfer Update: a. Five -Year Ownership Non- Compliance/Notice of Assessment — No. 27997 Mikalai Mardakhayeu and Valeryia Stashkevich: Ms. Campese reported that staff had been unable Land Bank Commission April 8, 2013 Page 3 to determine during its routine, five -year compliance check if Mr. Mardakhayeu and Ms. Stashkevich were actually domiciled at 1 B Equator drive. In addition, staff had sent numerous letters asking for explanation with no response. Based upon an apparent failure to comply with the "actual domicile" requirement of the "M" exemption, 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 accred interest since the date of the transfer. In the event the purchaser does not request a hearing within the 30 days of the Notice of Assessment, the Commission executed an unsubordinated lien on the property to be recorded on May 8, 2013. F. FINANCIAL BUSINESS: 1. Monthly Transfer Statistics: Monthly transfer statistics reports comparing fiscal years 2012 and 2013 through March 2013 were presented to the Commission. 2. Warrant Authorization — Cash Disbursements: Upon a motion made and duly seconded, it was VOTED to execute the April 8, 2013 warrant document in the amount of $74,733.97 to be provided to the county treasurer. G. REGULAR BUSINESS: 1. Land Bank Logo Update — Discussion: Mr. Savetsky presented refined versions of the updated logo design for consideration. After some discussion, the Commission asked Mr. Savetsky to have the graphic designer fine time the colors and bring it back for another review at a future meeting. H. PROPERTY MANAGEMENT: 1. Property Management Monthly Update: Mr. Pollock commended the entire property management team for their hard work and further reported that the new Building Maintenance Specialist, Peter Halik, was a great addition to the Land Bank, as he was a skilled and motivated worker. Mr. Pollock provided an overview of work performed since the last update, including the installation of 65 sections of split rail fence and property boxes along the property line of the Norwood Farm acquisition; removal of the driveway from the Lamb property; demolition and rough framing of the main office at 22 Broad Street; installation of split rail fence along the Hall property at Sesachacha Pond (to prevent further abutter encroachment); removal of half of the Arborvitae installed by the Town during construction of the Hummock Pond Road Bike Path along the cow field on Hummock Pond Road (with the other half scheduled for removal); removal of additional dead pine trees along Hummock Pond Road; and additionally, the bum season had been productive with three burns accomplished. Further, property staff had been busy organizing at the maintenance facility campus, in addition to routine maintenance of beach stairs, invasive species removal and trash pick -up. 2. Seasonal Property Use Requests — Annual Policy Discussion: Mr. Savetsky asked the Commission to review the 2012 policy which allowed staff to use discretion in approving events with up to 35 guests based on the appropriateness of the proposed date, time, location, set up, Land Bank Commission Page 4 April 8, 2013 number of people, etc., with larger events still requiring Commission approval and with a $100 fee charged for events organized by commercial event planners. Upon a motion made and duly seconded, the Commission VOTED to continue the current policy for the 2013 summer season. Mr. Savetsky once again raised his objections to allowing commercially catered events on Land Bank properties. Ms. Bell currently had a request from Susan Warner of Nantucket Catering Company for a clambake on July 19, 2013 on Ladies Beach for less than 35 people that she will approve. 3. Hummock Pond Road — Utility Pole Burial Request: Mr. Savetsky presented a request for some funding from a group of property owners on Hummock Pond Road to bury the last ten utility poles on the bike path side. National Grid had provided the owners with an estimate of $238, 254.94 to bury the poles. The Commission determined to deny the request. 4. Mt. Vernon Farm/Powers — Cisco Bike Path Ribbon Cutting Ceremony: Mr. Savetsky presented an updated request from the Town to hold the Ribbon Cutting Ceremony on June 15, 2013 at the corner of Bartlett Farm and Hummock Pond Roads with catered barbeque and kids events. Further, they requested the use of the field for parking. Upon a motion made and duly seconded, it was unanimously VOTED to approve the revised request. 5. Cisco Bike Path — Project Update: Mr. Perry reported he had attended a pre- construction meeting with Geoffrey Thayer of Toscana Corporation and said the project would begin soon and would be completed by June 1, 2013. 6. Prescribed Bum Program — Update: Mr. Perry informed the Commission that the bum team had burned five acres during a training bum by the number 9 hole at Miacomet Golf Course, eleven acres by the Coast Guard Tower and seven acres behind Nantucket Golf Club. All burns went well with large participation from local and off island teams. Mr. Perry was hopeful that they would complete several more bums in May. 7. Miacomet Golf Course — Discussion a. Cart Paths — Update: Commissioner Bartlett reported that some of the paths were complete and looked good, but was concerned that there seemed to be a lot of loam in the mix. b. Proprietors' Road — Discussion: Commissioner Bartlett informed the Commission that Miacomet Golf Course Superintendent, Sean Oberly, had not replaced the fence he took down along the proprietors' road and further had clear cut the area. It was the consensus of the Commission to have Mr. Oberly replace the fence and cease the practice of clearing the area. c. Tree Removal — Discussion: Commissioner Bartlett reported that three large cedar trees in the valley of hole number 14 had been cut down. Commissioner Paterson commented that it was his understanding that only pine trees were to be removed. The Commission asked Mr. Savetsky to look into the matter. d. Golf Professional — Discussion: Commissioner Paterson requested that the financial details of the new employment contract with Golf Professional, Phillip Tmono, be added Land Bank Commission Page 5 April 8, 2013 to the agenda for the next meeting since it was not discussed when the budget was presented. 8. 158 Orange Street/Bachman Shed — Discussion: Chairman Stackpole clarified the history of a verbal agreement between Mr. Bachman and himself to move the shed which was made prior to the Land Bank's acquisition of the property. Initially, Mr. Bachman intended to move the shed onto a friend's property and share the use of it with the property owner. However, that plan did not work out, so Mr. Bachman briefly considered moving the shed to Chairman Stackpole's property to share the use of it with him, thereafter determining that he no longer was interested in using the shed at all. Subsequently, Chairman Stackpole discovered that his neighbor was in need of a shed and they made arrangements to have it moved to the neighbor's property. When Chairman Stackpole informed the Land Bank of the shed move, it was determined that the building was never excluded from the sale of the property to the Land Bank. Based on this oversight by Mr. Bachman, Chairman Stackpole reported that he would terminate the efforts to relocate the shed, as it technically belongs to the Land Bank. ADJOURNMENT: U otiio ade and d y seconde it was VOTED to adjourn at 6:23 p.m. Attested to: len B. Ri-inhard, Secretary Accepted, Approved, and Released by the VOTE of the Commission this 23rd day of April, 2013. John J. S of C airm MONTHLY TRANSFER STAFF, FY12 Total Exem t Taxable Total Gross Gross Revenue Month Transfers Transfers Transfers Value Value Taxable Received Jul -11 76 54 22 $25,749,264 $24,643,000 $492,860 Au -11 75 43 32 $49,340,375 $47,072,751 $941,455 Se -11 94 43 51 $74,154,881 $71,949,006 $1,438,980 Oct -11 78 44 34 $56,393,735 $55,158,935 $1,103,139 Nov -11 100 65 35 $66,300,685 $62,595,685 $1,251,914 Dec -11 136 89 47 $54,529,358 $50,656,462 $1,021,129 Jan -12 63 40 23 $22,737,132 $22,395,132 $447,903 Feb-12 71 35 36 $43,728,802 $43,055,537 $861,111 Mar -12 79 47 1 32 $34,468,370 $30,643,200 $610 864 Apr -12 171 44 127 $50,851,251 $47,713,751 $954,275 May-12 95 47 48 $85,339,814 $64,058,031 $1,281,161 Jun -12 93 1 51 1 42 $52,998,89611 $51,109,793 $1,022,195 THRU MAR 12 Avers a 772 94 460 50 312 44 427,392,602 $51,381,880 408,067,708 $47,579,107 8,169,354 $952,249 Low 63 35 22 $22,737,132 $22,395,132 $447,903 High 171 89 127 $85,339,8141 $71,949,0051 $1,438,980 MONTHLY TRANSFER STATISTICS FISCAL YEAR 2013 '. FY12 Total Exem t Taxable Total Gross Gross Revenue Month Transfers I Transfers ITransfers Value Value Taxable 1. Received Jul -12 73 43 30 $46,009,291 $38,341,764 $766,835 Aug-12 77 43 34 $103,153,543 $100,982,645 $2,035,553 Se 12 107 44 63 $75,433,577 $72,371,463 $1,447,429 Oct -12 122 53 69 $108,499,596 $105,177,368 $2,103,547 Nov -12 120 54 66 $98,208,732 $95,569,731 $1,921,313 Dec-12 448 370 78 $143,154,855 $117,472,287 $2,349,446 Jan -13 63 44 19 $34,484,687 $34,484,687 $689,694 Feb -13 82 47 35 $30,549,050 $30,549,050 $610,981 Mar -13 86 59 27 $28,376,401 $19.594.1031 $391,882 Apr -13 May-1 3 Jun -13 THRU MAR 13 Averse 1,178 131 757 84 421 47 $667,868,732 $74,207,637 $614,543,103 $68,282,567 $12,316,680 $1,368,520 Low 83 43 19 $28,375,401 $19,594,108 $391,882 High 448 370 78 $143,154,8551 $117,472,ZU71 $2,349,446 MON7HLY(UNAUDITED) DOCUMENTS AND EXHIBITS Nantucket Land Bank Commission Regular Meeting of April 8, 2013 1. Reis Property/Burchell Property map (Miacomet Ave) 2. Current Mobile Vendor Licenses for Cisco Beach issued by Town 3. Request for Mobile Vendor (Hither Creek, LLC) for Cisco Beach 4. Current "M" exemption liens (see transfer business for record nos.) 5. Notice of Assessment 6. Monthly Transfer Report — March 2013 7. Fiscal Year Transfer Statistics and Graph through March 2013 8. Check Warrant Summary dated April 8, 2013 9. Refined Proposed Logo Designs 10. Hummock Pond Road — Utility Pole burial request 11. Revised Hummock Pond Road Bike Path — Ribbon Cutting Ceremony request 12. Prescribed Bum map TRANSFER BUSINESS Nantucket Land Bank Commission Regular Meeting of April 8, 2013 1. March 2013 Transfers —Record Nos. 33910 through 33995: a. Current "M" Exemptions: No. 33917 Laura Suzanne Fletcher No. 33959 Robert Dunbar and Jenifer Dunbar No. 33960 Adam Ross and Emma Ross No. 33993 Elmer Dents b. Proposed "M" Exemption Refund 2. Transfer Update: a. Five -Year Domicile Non - Compliance —Notice of Assessment: No. 27997 Mikalai Mardakhayeu and Valeryia Stashkevich (113 Equator Drive) 'f c AGENDA Nantucket Land Bank Commission Regular Meeting of April 8, 2013 Town Building Conference Room, 16 Broad Street Nantucket, Massachusetts Note: Please use Federal Street entrance. CALL TO ORDER: 4:00 P.M. A. CITIZEN BUSINESS /ANNOUNCEMENTS B. EXECUTIVE SESSION 1. Approval of Executive Session Minutes of March 26, 2013 2. Real Estate Acquisition C. MINUTES OF THE REGULAR MEETING OF MARCH 26, 2013 D. TRANSFER BUSINESS E. FINANCIAL BUSINESS 1. Monthly Transfer Statistics 2. Warrant Authorization— Cash Disbursements F. REGULARBUSINESS 1. Land Bank Logo Update Discussion G. PROPERTY MANAGEMENT 1. Property Supervisor's Monthly Review 2. Seasonal Property Use Requests — Annual Policy Discussion 3. Ladies Beach — Clambake Event Request 4. Cisco Beach— Mobile Vending Request 5. Hummock Pond Road — Utility Pole Burial Request 6. Mt. Vernon Farm/Powers — Cisco Bikepath Ribbon Cutting Ceremony 7. Cisco Bikepath —Project Update ADJOURNMENT