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HomeMy WebLinkAbout2013-5-14AGENDA Nantucket Land Bank Commission Regular Meeting of May 14, 2013 Town Building Conference Room, 16 Broad Street Nantucket, Massachusetts Note: Please use Federal Street entrance. -IT L RECEIVED 7013 M 29 P[7 1218 NANTUCKET TOWN CLERK CALL TO ORDER:. 4:00 P.M._._.. . .... ....... _._. __.. .. _.. __ _...... A. CITIZEN BUSINESS /ANNOUNCEMENTS B. EXECUTIVE SESSION 1, Approval of Executive Session Minutes of April 23, 2013 2. Real Estate Acquisition C. MINUTES OF THE REGULAR MEETING OF APRIL 23, 2013 D. TRANSFER BUSINESS E. FINANCIAL BUSINESS 1. Monthly Transfer Statistics 2. Warrant Authorization— Cash Disbursements 3. Warrant Authorization— 2007 Series A Semi - Annual Bond Payment 4. Special CDxll35— Renewal Discussion F. PROPERTY MANAGEMENT I. Cisco, Ladies and Madequecham Beaches— Mobile Vending Request (Bus Boys) 2. Cisco Beach— Mobile Vending Request (Nantucket Beach Dogs) 3. Cisco, Ladies, Miacomet and Pebble Beeches— Mobile Vending Request (Pedal Pops) 4. Property Management Supervisor's Monthly Report 5. Fire Department Request— Trail Names for First Responders 6. Head of Plains — Notice of Bike Race Event 7. Eaglebrook Property/8 Oman Ave— Encroachment Matter S. Milestone Road Property — Jepson Update 9. Miacomet and So maet Golf Courses — Alterations Policy G. REGULARBUSINESS I. Land Bank ice— Equipment Request H. PERSONNEL MANAGEMENT I. Part -Time Seasonal Property Assistant —Brian Paonessa ADJOURNMENT MINUTES Nantucket Land Bank Commission Regular Meeting of May 14, 2013 Town Building Conference Room, 16 Broad Street Nantucket, Massachusetts CALL TO ORDER: 4:03 p.m. PRESENT: Bartlett, Gardner, Paterson, Reinhard, Stackpole. STAFF PRESENT: Eric Savetsky, Executive Director; Jesse Bell, Assistant Director; Susan Campese, Administrator/Finance Manager. Also present at call to order: Real Estate Broker, Robert Sarkisian. A. CITIZEN BUSINESS /ANNOUNCEMENTS: 1. 50 Union Street — Discussion: Mr. Sarkisian summarized his attempts to broker the sale of a portion of the property as open space to the Land Bank over the last several years in order to fix the traffic issues on the corner of Union and Frances Streets. He detailed the various obstacles and permitting logistics he has tackled and requested that the Commission renew its financial pledge to purchase a portion property for public use as they had in the past. The Commission thanked Mr. Sarkisian for his presentation. Mr. Sarkisian departed the meeting at 4:27p. 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, 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 Jeffrey Pollock, Property Supervisor; John Daniels, Miacomet Golf Membership Committee Chair; Roger and Jack Decker of Nantucket Beach Dogs and Lori D'Elia, Attorney entered the meeting at 5:18 p.m. C. APPROVAL OF MINUTES: Upon a motion made and duly seconded, it was unanimously VOTED to accept, approve and release the regular session minutes of April 23, 2013, as written. D. PROPERTY MANAGEMENT: 1. Mobile Food Vending Request: Ms. D'Elia presented a request from her client Clara Bingham (dba "Bus Boys ") to operate a mobile vending concession serving drinks, chips and Land Bank Commission Page 2 May 14, 2013 packaged ice cream at various locations including Cisco, Ladies (13B) and Madequecham Beaches in her 1974 blue VW Camper as she did the year before. After some discussion, upon a motion made and duly seconded, the Commission unanimously VOTED to approve the request and grant a one -year license to "Bus Boys" to visit Cisco, Ladies (13B) and Madequecham Beaches seven days a week between 10 a.m. to 5 p.m. for a maximum of two hours per day. Further, "Bus Boys" will be 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 5:25 p.m. 2. Cisco Beach — Mobile Vending Request: Mr. Decker of "Nantucket Beach Dogs" requested permission to sell hot dogs, chips and non - alcoholic beverages from his mobile vending station at Cisco Beach for the 2013 summer season. Upon a motion made and duly seconded, it was unanimously VOTED to approve the request, to allow "Nantucket Beach Dogs" to visit Cisco Beach seven days a week for a maximum of two hours per day with the condition that a garbage receptacle is provided and the properties are always left clean of any trash or debris that might be caused by such use, and further allow "Nantucket Beach Dogs" to visit Nobadeer and Madequecham Beaches at the suggestion of the Commission. Mr. Roger Decker and Mr. Jack Decker departed the meeting at 5:30p. m. 3. Miacomet and Sconset Golf Courses — Alterations Policy: Mr. Savetsky informed the Commission he was working on developing a draft alterations policy to prevent future misunderstandings between golf management staff and the Commission about making changes to the courses which fall outside the scope of routine maintenance. 4. Miacomet Golf Course ( "MGC ") Membership Committee — Hole Number 4 Fence Poll: Mr. Daniels presented the results and comments from an email poll of the membership committee members regarding the removal of the fence between hole number 4 and the proprietors' road. The results were six in favor of no fence, three in favor of putting the fence back, two ambivalent and three unresponsive. After some discussion the consensus of the Commission was to table the discussion until the next meeting giving the Commissioners time to view the site. 5. Golf Capital Planning Committee — Update: a. MGC Master Plan: Commissioner Gardner reported that the Golf Capital Planning Committee had a productive meeting with architect Kurt Raber about the master plan for MGC and would like to schedule a special golf meeting in June in order to have Mr. Raber present two revised plans and discuss the committee's recommendations. b. Sconset Clubhouse Repairs — Discussion: Commissioner Gardner reported that the Sconset clubhouse needed a new roof and the committee was recommending that the Commission Ere Kevin Ryan, the lowest of the bids collected, to do the work at a price not to exceed $5,000. The materials were estimated to cost $4,800 and would be charged directly to SGC's account at the lumberyard. As recommended by the committee, upon a motion made and duly seconded, it was Land Bank Commission Page 3 May 14, 2013 unanimously VOTED to contract with Kevin Ryan to reroof the building at a price not to exceed $5,000. Additionally, the committee recommended replacing the windows on the clubhouse, which would involve going to the Historic District Commission ( "HDC "). There was consensus among the commissioners that Mr. Costa should collect estimates for replacing the windows and begin the process of filing with the HDC. c. Maintenance Building Repair — Discussion: Commissioner Gardner informed the Commission that the SGC maintenance building roof had suffered damage from the various storms this past winter and Mr. Costa had solicited prices for the repairs. Kevin Ryan also provided the lowest estimate at $2,400 for labor with SGC purchasing the materials. Upon a motion made and duly seconded, it was unanimously VOTED to hire Kevin Ryan to repair the maintenance building roof for a price not to exceed $2,400. d. Water Service — Update: Commissioner Gardner said he expected the work to connect to the Town water system to begin next week provided the weather was favorable. E. TRANSFER BUSINESS: 1. April 2013 Transfers — Record Nos. 33996 through 34094: The Commission reviewed transfers for the period df April 1, 2013 through April 30, 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. 34006 Paul Abbott and Megan McLaughlin No. 34037 Geoff Smith No. 34067 Nancy Winn Koyl No. 34071 Yolanda Fernandez Grant No. 34072 Jeffrey K. Mattheson and Caitlin Mattheson b. Proposed "M" Exemption Refund — No. 34034/34113 Jonathan D. Heneke and Gina Marie Heneke: Ms. Campese explained that Mr. Heneke had purchased a home through a short sale on April 10, 2013 and had to take title in his name alone, a requirement of his mortgage lender. On May 14, 2013, Mr. Heneke transferred the property into him and his wife's name. Due to his wife being eligible for the "M" exemption, he asked whether the exemption could be applied to the new transfer and the original fee of $6,700 paid on April 10, 2013 be refunded. Ms. Campese reminded the Commission that she had previously sought guidance from them on the circumstances of this request and they had advised her that the exemption and refund would be allowed. Upon a motion made and duly seconded, it was unanimously VOTED to execute a warrant authorization to refund the fee of $6,700 and apply the "M" exemption to the second transfer. 2. Transfer Update: a. Five -Year Domicile Non - Compliance — No. 27997 Mikalai Mardakhayeu and Land Bank Commission Page 4 May 14, 2013 Valeryia Stashkevich/113 Equator Drive: Ms. Campese reported that a Notice of Assessment had been issued on the above - referenced property on April 8, 2013, as staff had been unable to determine during its routine, five -year compliance check if Mr. Mardakhayeu and Ms. Stashkevich were actually domiciled at 1B Equator Drive. In addition, staff had sent numerous letters seeking additional information with no response. However, after the assessment was issued, a new mailing address in New York for Ms. Stashkevich was discovered and a copy of the Notice of Assessment was sent there. Upon receiving the Notice, Ms. Stashkevich called the Land Bank and requested a hearing. Given the difficulty and expense associated with travel, Ms. Bell and Ms. Campese suggested she write a letter that staff could present to the Commission at the next meeting outlining her reasons for non - compliance with the exemption. Further, they assured her that she could still request a hearing if she was not satisfied with the results of the meeting. Ms. Campese explained that Ms. Stashkevich was a single parent, as her former husband was in jail and would be deported upon release and as such, she moved off island after living at 1 B Equator Drive for four years in order to find better work opportunities. Further, she was requesting that the fee, penalty and interest accrued be waived. Based upon the extraordinary circumstances described herein, upon a motion made and duly seconded, it was unanimously VOTED to waive the penalty and accrued interest and to place an unsubordinated lien on the property for the $8,000 fee. F. FINANCIAL BUSINESS: 1. Monthly Transfer Statistics: Monthly transfer statistics reports comparing fiscal years 2012 and 2013 through April 2013 were presented to the Commission. 2. Warrant Authorization — Cash Disbursements: Upon a motion made and duly seconded, it was VOTED to execute the May 14, 2013 warrant document in the amount of $251,143.72 to be provided to the county treasurer. 3. Warrant Authorization — 2007 Series A Semi - Annual Bond Payment: Upon a motion made and duly seconded, it was unanimously VOTED to execute the May 14, 2013 2007 Series A Semi - Annual Bond Interest Payment warrant to be provided to the county treasurer in the amount of $251,909.39. 4. Special Certificate of Deposit ( "CD ") x1135 — Renewal Discussion: Ms. Campese informed the Commission that the Land Bank's CD x1135 would mature on 5/20/13 and the rate Nantucket Bank quoted for the renewal had decreased from .6% to .5 %. Further, she asked if the Commission wanted to put the funds into a money market account at Nantucket Bank at the current variable rate of .8%. Upon a motion made and duly seconded, it was unanimously VOTED to renew the CD at .5 %. G. PROPERTY MANAGEMENT 1. Cisco, Ladies, Miacomet and Pebble Beaches — Mobile Vending Request: Ms. Bell read a request from Lauren Donohue of "Pedal Pops" to visit Cisco, Ladies, Miacomet and Pebble Beaches by tricycle seven days a week between 10 a.m. and 6 p.m. selling organically grown fruit popsicles between July and August, spending about 25 minutes at each location. Upon a motion Land Bank Commission Page 5 May 14, 2013 made and duly seconded, it was unanimously VOTED to approve the request. 2. Property Management Monthly Update: Mr. Pollock updated the Commission on the work in progress by property staff over the last month, including a successful spring bum program; renovations at 22 Broad Street; removal of the driveway and filling in of the septic system of the Lamb property, followed by grading and Intoning the disturbed area; fixing posts and cables in the parking lots on the south shore including the Cisco Beach parking lot expansion; repairing from the winter storm damage at Latici (stairs and boardwalk), Andrews (dinghy rack) and Sharp (dock). Staff had also removed a lot of the debris and top dressed the Reis property in preparation for the summer, and delineated the southwest property line with split rail; reseeded the grass on the Wolfe property after bulkhead repairs; along with continued routine trail maintenance, mowing and cleanup of all properties. Further, the beach stairs at Carter were reinforced in anticipation of additional beach nourishment. Mr. Pollock reported that Seasonal Property Field Assistant, Brian Paonessa had retained to work and was busy mowing with Property Manager, Robert Earley. 3. Fire Department Request — Trail Names for First Responders: Commissioner Paterson relayed a request from the fire department for the Land Bank to either name or number the trails in order for emergency personnel to find them easily. After some discussion, it was the consensus of the Commission to number the trails and provide a numbered map and GIS coordinates to first responders and to have Mr. Savetsky meet with the Fire Chief and determine exactly what would work best for them. 4. Head of Plains — Notice of Bike Race Event: Mr. Savetsky presented a notice from Jamie Ranney of a mountain bike race through the Hummock Pond Road area and Massasoit Bridge onto Nantucket Conservation Foundation property on Saturday, August 3, 2013 from 8 a.m. to 11 am. with approximately 75 bikers. Mr. Savetsky asked Mr. Ranney to provide him with more details about the staging and parking areas at the beginning and end of the race. 5. Eaglebrook Property /8 Ocean Ave — Encroachment Matter: Mr. Savetsky presented pictures of the alleged encroachment and dumping of debris by the Summer House Restaurant onto Land Bank property provided by attorney Rhoda Weinman on behalf of her client who abuts the property. Mr. Savetsky stated that he wanted the Commission to be aware of the issue and assured them that problem was being addressed. 6. Milestone Road Property — Jepson Update: Mr. Savetsky reminded the Commission that 30 days had passed since Mr. Jepson was served with the letter from Land Bank counsel regarding encroachment and zoning violations on the property and he was awaiting the outcome of an inspection by the Planning Department, Zoning Officer and Health Department next week before any further action is taken. H. REGULAR BUSINESS: 1. Land Bank Office — Equipment Request: Ms. Bell reported that the Town's IT department had recommended the Land Bank purchase a server which would reside in the Town's secure data center. Further, the office needed another work station in anticipation of hiring an Assistant Land Bank Commission May 14, 2013 Page 6 Administrator, plus two larger monitors for Ms. Bell and Ms. Compose, and two additional printers (one for the Land Bank office and one for the workshop). Ms. Bell estimated a total cost of $10,000 for all of these items. Upon a motion made and duly seconded, it was unanimously VOTED to approve the request. ADJOURNMENT: Upon a motion made and duly seconded, it was VOTED to adjourn at 6:55 p.m. Attested to: Neil Paterson, Secretary Accepted, Approved, and Released by the VOTE of LRe n this 28th day of May, 2013. Al, Chairman MONTHLY TRANSFER STATISTICS FISCAL YEAR 2012 MIL Month Transfers T ransfers Taxable Total Gross Gross Transfers Value Value Taxable ._ Revenue Received Jul -11 76 75 54 43 43 22 - $25,749,264 $49,340,375 _ $24,643,000 $492,860 $941,455 Aug-1 1 32 51 _- $47,072,751 $71,949,006 Sep -11 Oct -11 94 78 100 $74,154,881 _ $1,436,980 $1,103,139 $1,251,914 44 65 89 34 _ $56,393,735 $66,300,685 $55,156935 Nov -11 35 _ 47 23 $62,595,685 $50,656,462 $22,395,132 Dec -11 136 $54,529,358 $22,737,132 $1,021,129 _ Jan -12 Feb -12 63 _ 71 79 _ 40 $447,903 $861,111 $610,864 35 47 44 _ 36 _ $43,728,802 $34,458,370 _ $43,055,537 $30,543,200 $47,713,751 Mar -12 _ 32 127 A r -12 171 $50 861,251 $954 275 May-12 95 93 47 51 504 1 50 _ 35 46 1 $85,339,614 $64,058,031 __$1,281,161 $1,022,196 9,123,629 $952,249 $447,903 Jun -12 42 $52,998,896 $51,109,793 455,781,459 $47,579,107 $22,395,132 $71,949,006 THRU APR 12 Average 943 94 439 1 44 j 1 22 478,243,853 $51,381,88011 Low High 1 63 171 1 $22,737,1321 89 127 $85;339,814 $1,438,980 MONTHLY TRANSFER FY12 TOtai Month Transfers STATISTICS Exem t FISCAL YEAR 2013 '7 Taxable Transfers Total Gross Value Gross Value Taxable _ Revenue Transfers Received 43 $766,835 _ Jul -12 Aug-1 2 _ 73 77 107 30 34 _ $46,009,291 $103,153,543 $38,341,764 43 44 53 - $100,982,645 _ $2,035,553 Sep-12 63 69 66 $75,433,577 $72,371,463 $105,177,368 $95,569,731 $1,447,429 $2,103,547 Oct -12 Nov -12 122 120 _ 448 $108,499 596 $98,208,732 54 37_0 44 $1,921,313 Dec -12 78 19 35 $143,154,855 $117,472,287 $34,484,687 $30,549,050 $2,349,446 $689,694 Jan -13 Feb -13 63 82 86 $34,484,687 050 47 59 _ 72 $610,961 $391,882 $550,830 Mar -13 27 _$30,549 $28,375,401 $30 184 310 $19,594,108 Apr -13 99 27 $27,531,612 May-1 829 83 43 $642,074,614 $64,207,461 �$117472,288�7 $12,867,310 $1,286,731 $391,882 Jun -13 448 45 18 78 $698,053,043 $69,805,304 THRU APR 13 Averse 1,277 128 _ Low h 63 448 $28,375,401 $143,154,855 370 $2,349,446 MONTHLY (UNAUDITED) DOCUMENTS AND EXHIBITS Nantucket Land Bank Commission Regular Meeting of May 14, 2013 1. 50 Union Street - Packet 2. Request for Mobile Vendor (Bus Boys) for Cisco, Madaquecham and Ladies Beaches 3. Request for Mobile Vendor (Nantucket Beach Dogs) for Cisco 4. MGC Membership Committee email with poll results 5. Current "M" exemption liens (see transfer business for record nos.) 6. Five -Year Non - Compliance — Letter from owner 7. Monthly Transfer Report — April 2013 8. Fiscal Year Transfer Statistics and Graph through April 2013 9. Check Warrant Summary dated May 14, 2013 10. Request for Mobile Vendor (Pedal Pops) for Cisco, Ladies, Miacomet and Pebble beaches 11. Notice of Bike Race 12. Eaglebrook Property /Ocean Ave — Encroachment email 13. Planning Depart Email re: Jepson/Milestone Property 14. Office Equipment request — emails TRANSFER BUSINESS Nantucket Land Bank Commission Regular Meeting of May 14, 2013 1. April 2013 Transfers —Record Nos. 33996 through 34094: a. Current "M" Exemptions and Liens: No. 34006 Paul Abbott and Megan McLaughlin No. 34037 Geoff Smith No. 34067 Nancy Winn Koyl No. 34071 Yolanda Fernandez Grant No. 34072 Jeffrey K. Mattheson and Caitlin Mattheson 2. Transfer Update: a. "M" Exemption Request for Refund: Nos. 34034 & 34113 Jonathan D. Heneke and Gina Marie Heneke b. Five -Year Domicile Non - Compliance - Discussion: No. 27997 Mikalai Mardakhayeu and Valeryia Stashkevich (IB Equator Drive)