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HomeMy WebLinkAbout2013-6-25MINUTES Nantucket Land Bank Commission Regular Meeting of June 25, 2013 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER: 4:02 p.m. PRESENT: Gardner, Paterson, Reinhard, Stackpole. ABSENT: Bartlett. STAFF PRESENT: Eric Savetsky, Executive Director; Jesse Bell, Assistant Director; Susan Campese, Administrator/Finance Manager; Bruce Perry, Resource Planner/Ecologist. Valeryia Stashkevich was also present at call to order. A. 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 11, 2013, as written. Commissioner Bartlett entered the meeting at 4:04 p.m. B. CITIZEN BUSINESS /ANNOUNCEMENTS: 1. Town and County Roads and Right of Way Committee: Commissioner Stackpole distributed copies of Ways Off Shore by Frances Ruley Karttunen, which was the culmination of work and research commissioned by the Town and County Roads and Right of Ways Committee. C. TRANSFER HEARING — No. 27997 Mikalai Mardakhayeu and Valeryia Stashkevich: 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 April 8, 2013, to Mikalai Mardakhayeu and Valeryia Stashkevich. The hearing was tape recorded. The hearing was opened by Chairman Reinhard. Administrator/Finance Manager, Susan Campese provided a brief summary of events leading up to the Notice of Assessment. Ms. Campese asked the documents presented to the Commission be entered into the record as exhibits. The following exhibits were entered without objection by the Commission or Ms. Stashkevich: Exhibit A. Transfer Documents Record No. 27997, including Form A and deed conveying Unit 1 of 1 Equator Drive Condominium from Neill G. Nelson, Trustee of The Katherine Land Bank Commission June 25, 2013 Page 2 Carter Nelson Revocable Trust Dated u/Ud January 13, 2004 to Mikalai Mardakhayeu and Valeryia Stashkevich, with a purchase price of $420,000 (claiming the "M" exemption on $400,000 of stated purchase price), recorded at the Nantucket Registry of Deeds on May 10, 2007, as Document No. 120296 on Certificate No. U42073; Exhibit B Correspondence from the Nantucket Islands Land Bank to Mikalai Mardakhayeu and Valeryia Stashkevich dated June 4, 2007, restating the requirements of the "M" Exemption; Exhibit C Nantucket Islands Land Bank Notice of Lien dated June 12, 2007, to Mikalai Mardakhayeu and Valeryia Stashkevich, recorded at the Nantucket Registry of Deeds as Document No. 120655 on Certificate No. U42073 on June 14, 2007; Exhibit D, Transfer Documents Record No. 31203, including Form A and deed conveying Unit 1 of 1 Equator Drive Condominium from Mikalai Mardakhayeu to Valeryia Stashkevich with no consideration (claiming the "C" exemption), recorded at the Nantucket Registry of Deeds on November 15, 2010, as Document No. 132069 on Certificate No. U42142; Exhibit E Correspondence dated May 18, 2012 regarding "M" exemption non - compliance from John J. Stackpole, Chairman, Nantucket Land Bank Commission to Mikalai Mardakhayeu and Valeryia Stashkevich sent to 2 Greglen Ave, PMB 430, Nantucket and carbon copied to the same at 1B Equator Drive, Nantucket, and 100 W. 571i St, #15A, New York, NY 10019 and carbon copied to attorney Patricia Halsted. Undeliverable returned mail to 2 Greglen Ave, PMB 430, Nantucket and IB Equator Drive, Nantucket; Exhibit F, Correspondence dated October 5, 2012 regarding "M" exemption non - compliance from John J. Stackpole, Chairman, Nantucket Land Bank Commission to Mikalai Mardakhayeu and Valeryia Stashkevich sent to IB Equator Drive, Nantucket and carbon copied to the same at 100 W. 57' St, 415A, New York, NY 10019 and carbon copied to attorney Patricia Halsted. Undeliverable returned mail to 1B Equator Drive, Nantucket; Exhibit G, Correspondence dated February 27, 2013 regarding "M" exemption non- compliance from John J. Stackpole, Chairman, Nantucket Land Bank Commission to Mikalai Mardakhayeu and Valeryia Stashkevich sent to I Equator Drive, Nantucket and carbon copied to the same at 100 W. 571 St, 415A, New York, NY by certified mail, return receipt requested and carbon copied to attorney Patricia Halsted. Undeliverable returned mail to 113 Equator Drive, Nantucket and unclaimed certified mail to 100 W. 57ih St, # 15A, New York, NY 10019; Exhibit H, Computer printout dated March 12, 2013 from vacation rental website homeaway.com of 1B Equator drive available as a weekly vacation rental by owner Valeryia Stashkevich; Exhibit I Excerpts from the minutes of the Nantucket Land Bank Commission meeting on Land Bank Commission June 25, 2013 Page 3 April 8, 2013 where it was voted to issue a Notice of Assessment to Mikalai Mardakhayeu and Valeryia Stashkevich and place an unsubordinated lien for the fee, penalty and interest from the date of the transfer on record at the Nantucket Registry of Deeds in the event the purchaser did not request a hearing by May 8, 2013; Exhibit J. Notice of Assessment from the Nantucket Land Bank Commission dated April 8, 2013, to Mikalai Mardakhayeu and Valeryia Stashkevich, and cover letter from John J. Stackpole, Chairman to Mikalai Mardakhayeu and Valeryia Stashkevich, dated April 9, 2013 sent to 1B Equator Drive, Nantucket by certified mail, return receipt requested and carbon copied to the same at 100 W. 570 St, #15A, New York, NY 10019 by regular and certified mail, return receipt requested and carbon copied to attorney Patricia Halsted. Undeliverable returned mail to 1B Equator Drive, Nantucket and unclaimed certified mail and undeliverable returned mail to 100 W, 57' St, # 15A, New York, NY 10019; Exhibit K, Undeliverable returned Notice of Assessment from the Nantucket Islands Land Bank Commission dated April 8, 2013, to Mikalai Mardakhayeu and Valeryia Stashkevich, and cover letter from John J. Stackpole, Chairman, Nantucket Land Bank Commission to Mikalai Mardakhayeu and Valeryia Stashkevich, dated April 9, 2013 sent to 1B Equator Drive, Nantucket by certified mail, return receipt requested with a "forwarding time expired" sticker and forwarding address for Valeryia Stashkevich, at 3049 Crescent St, Apt H3D4, Astoria, NY 11102 and a hand written note from Susan Campese noting the Notice of Assessment and cover letter were resent by certified mail, term receipt requested and by regular mail to the forwarding address on the sticker on April 16, 2013; Exhibit L Email correspondence dated April 25, 2013 from Valeryia Stashkevich to Susan Campese, requesting a hearing on the Nantucket Islands Land Bank Notice of Assessment to Mikalai Mardakhayeu and Valeryia Stashkevich; Exhibit M Letter with attachments sent by email dated May 10, 2013 from Valeryia Stashkevich to Nantucket Land Bank Commission describing her reason for non - compliance with the "M" exemption and referring to the attachments of (i) divorce decision from Mikalai Mardakhayeu and (ii) judgement in a criminal case against Mikalai Mazdakhayeu by the United States District Court, District of Massachusetts, Case No. 1:1 OCR- 10196- GAO; Exhibit N, Excerpts from the minutes of the Nantucket Land Bank Commission meeting on May 14, 2013 where the Commission voted to waive the penalty and interest and execute an unsubordinated lien for the fee, to be recorded at the registry of deeds; Exhibit O Email string including (i) correspondence from Susan Campese dated May 16, 2013 (10:27 AM) to Valeryia relaying the Nantucket Land Bank Commission vote on May 14, 2013 to waive the penalty and interest and to place an unsubordinated lien on the property for the fee of $8,000; (ii) correspondence from Valeryia Stashkevich dated May 17, 2013 (10:16 AM) to Susan Campese requesting a hearing on the matter; Land Bank Commission Page 4 June 25, 2013 Exhibit P Nantucket Islands Land Bank Notice of Lien dated May 16, 2013, Mikalai Mardakhayeu and Valeryia Stashkevich, recorded at the Nantucket Registry of Deeds as Document No. 141089 on Certificate No. U42142 on June 14, 2013; Exhibit 0, Excerpts from the minutes of the Nantucket Land Bank Commission meeting on May 28, 2013 where the Commission voted to schedule a hearing on June 11, 2013 at the request of the purchaser, Valeryia Stashkevich; Exhibit R. Email correspondences between Susan Campese and Valeryia Stashkevich dated May 29, 2013 through June 7, 2013 reporting that the hearing was scheduled for June 11, 2013 at 4:00 p.m. and then rescheduled to June 25, 2013 at 4:00 p.m. at the request of Ms. Stashkevich; Ms. Stashkevich acknowledged that she was aware of the terms of the "M" exemption and how she did not fulfill the five -yew domicile requirement. She stated she appreciated the Commission's May 28, 2013 decision to waive the interest and penalty, but wanted to explain that she moved away reluctantly due to extraordinary circumstances as a result of her husband's incarceration. She explained that she moved in with family for a few months and then moved to New York for better employment opportunities and she is trying to keep the house in Nantucket by renting it in the summer to help pay the mortgage. She asked that her ex- husband's name be removed from all records as she was the sole owner of the property. Further, she asked that the Commission consider reducing the fee owed to half ($4,000) which she was prepared to pay immediately. 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. Ms. Stashkevich departed the meeting at 4:14 p.m. Mr. Perry departed the meeting at 4:23 p.m. D. 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 Mr. Perry; Miacomet Golf General Manager, Alan Costa; Miacomet Golf Course Superintendent, Sean Oberly; and Tyler Levine of Nantucket Triathlon, LLC entered the meeting at 5:11 p. m. E. PROPERTY MANAGEMENT: 1. `Sconset Golf Course ( "SGC ") — Manager's Monthly Review: Land Bank Commission Page 5 June 25, 2013 a. Financial Report: The Commission reviewed the balance sheet and profit and loss through May 31, 2013, as well as check register for May 2013. Mr. Costa reported that considering that it rained 7 of the 9 days the course was open; the income being just shy of last May was a good sign. Further, he thought there was a lot of interest in the new combination annual pass and expects to sell mom SGC memberships because of it. b. Sconset Trust — Discussion: Mr. Savetsky reported that the Sconset Trust would like to grant a formal easement to the Land Bank for the waterline that crosses their property. Additionally, the Trust was concerned about the everyday use of the service road by SGC staff. Mr. Oberly assured the Commission that the daily use was just during the start up in May /June and he expected the road use to significantly decrease for the rest of the season. 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, 2013, as well as the credit card statement and check register for May 2013, which was previously provided by electronic correspondence. Mr. Costa reported cash flow was down due to leasehold improvements (cart paths) over last year, as was income due to inclement weather. Total income was higher as a result of several new memberships sold, which brings the current membership to 395. Restaurant sales were going well with outside lunch becoming more popular with members and non - members alike. Mr. Costa answered various questions from the Commission pertaining to the check register. Mr. Costa and Mr. Oberly departed the meeting at 5:30 p.m. 3. Ram Pasture/Head of Plains Event Request — Bike 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 3, 2013, with a registration table and port-a -potty in the Sanford Farm parking area and the event to take approximately three hours and a maximum of 75 participants. Nantucket Triathlon would provide insurance and all participants would sign waivers indemnifying the land Bank of all claims. Further, he explained the event was to benefit Fingerprints Corporation which supports youth based charities. After some discussion, upon a motion made and duly seconded, it was unanimously VOTED to allow the request, subject to Mr. Savetsky and Mr. Perry working out details with the race organizers. Mr. Levine departed the meeting at 5:43 p.m F. TRANSFER BUSINESS: 1. "M" Exemption Updates: a. 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 Land Bank Commission June 25, 2013 Page 6 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. 29124 Pascal E. Antonietti and Eleanor W. Antonietti No. 29127 Twenty -Eight Young's Way Nominee Trust No. 29183 Cynthia J. Thomas and Melinda Rodrigues No. 29218 Elizabeth M. Walsh and William P. Sullivan G. FINANCIAL BUSINESS 1. Monthly Financial Report: The Commission accepted the May 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 June 25, 2013 warrant document in the amount of $106,006.88 to be provided to the county treasurer. H. PROPERTY MANAGEMENT 1. 40° Pole — Beach Cleaning Discussion: Mr. Perry inquired as to whether the Commission would like Nantucket Tractor Company to do the regular beach cleaning at 40`t pole again this summer and if so, how often. After some discussion, upon a motion made and duly seconded, it was unanimously VOTED to hire Nantucket Tractor Company to clean the beach once per week and potentially more as needed upon request. 2.40`" Pole/Revised Event Request — Nantucket Catering Company: Ms. Bell presented a revised request from Nantucket Catering Company to have a catered barbeque at 40° Pole with buffet tables, two grills and three port-a- potties for 65 guests with six staff members on Tuesday, September 3, 2013 from 3 to 9 p.m. The consensus of the Commission was to have staff clarify some details and revisit the request at a future meeting. 3. Cisco Beach/Mobile Vending Request — The Island Girls: Ms. Bell presented a request from The Island Girls to sell all natural ice pops from a small towable cart designed specifically for frozen products at Cisco beach one to two days a week for two hours a day. Upon a motion made and duly seconded, it was unanimously VOTED to approve the request. 4. Miacomet Beach Event Access Requests — Policy Discussion: Ms. Bell asked the Commission for guidance on a policy for staff approval for allowing access to the Town owned portion of Miacomet beach across the Land Bank owned beach. After some discussion, upon a motion made and duly seconded, it was VOTED to allow staff to apply the same guidelines for staff approval they use for use requests on Land Bank properties. Further, Commissioner Gardner suggested that a policy be drafted and sent to all Town of Nantucket Licensing Agent, the Town Manager and all past use request applicants. Land Bank Commission Page 7 June 25, 2013 5. Miacomet Beach Access Request — Nantucket Catering Company: Ms. Bell presented a request from Nantucket Catering Company to drive across Land Bank property on Friday, August 16, 2013 at 5:00 p.m. to the Town of Nantucket side of Miacomet Beach for a clambake from 6:00 to 9:00 p.m. for 50 people, 4 staff, 1 gill, 3 cooker bases, work and buffet tables and a bar. Upon a motion made and duly seconded, it was VOTED three to two, to approve the request, with Commissioners Bartlett and Paterson opposed. 6. 30A Washington Street/Building Removal — Update: Mr. Perry reported that the permit to move the building was approved two days after the over road deadline had passed, therefore the move was now scheduled for September and would be paid for by Martin and Holly McGowan, as the building would go directly to their property. 7. Nobadeer Ballfields — Conservation Restriction: Mr. Savetsky told the Commission that Ms. Bell had worked through all the details on the conservation restriction for Nobadeer ballfields. After some discussion, upon a motion made and duly seconded, it was unanimously VOTED to execute the Conservation Restriction as written. I. REGULAR BUSINESS: 1. Logo Discussion — Final Review: Mr. Savetsky presented two mock -ups of logo box panels sent by the designer and after some discussion, it was the consensus of the Commission to move forward with the all green logo which was voted previously. ADJOURNMENT: Upon a motion made an duly seconded, it was VOTED to adjourn at 6:29 p.m. Attested to: Neil Paterson, Secretary Z proved, Released by the VOTE ss' n thi day of Ju1013nhard, C airman ( \} ! ; ■ , % m ,�„ . n �k©» ; #R#!R! r ■ :e . . . �,__� . .E -!• LU ( \ }n ° \ j\ }| \} \ ■|[kE� � ®I1! ;, j 2 - § f } :. § :.,§| ! ©,! A - 'S b° °°!; °P! -T § <} }k); �)k / §2(! \) E (k k go \\ \\ \ k / \ \\)))\ § . )\ ]\ ){ }§ �(�2)2= § § !f {itt2|]|7 § z} `{ :t - \ r § « k § § 22 = \\ %! #!!! § \ }� }$ $! { \� \§ \ z_ \} \\\\{{\{))) }� §\ § 2) \ / DOCUMENTS AND EXHIBITS Nantucket Land Bank Commission Regular Meeting of June 25, 2013 1. Transfer Hearing — Exhibits and list 2. MGC and SGC — Balance Sheet, Profit and Loss Comparison, Check Register, Credit Card Statement for May 2013 3. Ram Pasturefflead of Plains — Bike Race letter and Aerial 4. "M" Exemption — Release of Liens (see transfer business for No) 5. Land Bank Financial Reports — May 2013 6. Check Warrant Summary dated June 25, 2013 7. Cisco Mobile Vending Request — The Island Girls 8. Logo box samples TRANSFER BUSINESS Nantucket Land Bank Commission Regular Meeting of June 25, 2013 1. "M" Exemption Update: a. Five -Year Domicile and Ownership Compliance — Release of Lien: No. 29124 Pascal E. Antonietti and Eleanor W. Antonietti No. 29127 Twenty -Eight Young's Way Nominee Trust No. 29183 Cynthia J. Thomas and Melinda Rodrigues No. 29218 Elizabeth M. Walsh and William P. Sullivan AGENDA Nantucket Land Bank Commission Regular Meeting of June 25, 2013 Land Bank Conference Room, 22 Broad Streetz Nantucket, Massachusetts i C_ rrn mt o m r ° 3 a CALL TO ORDER: 4:00 P.M. z ° A. CITIZEN BUSINESS /ANNOUNCEMENTS m m B. TRANSFER HEARING —No. 27997 Mikalai Mardakhayeu and Valetyta Stashkevich C. EXECUTIVE SESSION 1. Approval of Executive Session Minutes of June 11, 2013 2. Real Estate Acquisition D. MINUTES OF THE REGULAR MEETING OF JUNE 11, 2013 E. GOLF BUSINESS 1. Miacomet and Sconset Golf Courses —Manager's Monthly Report F. TRANSFER BUSINESS G. FINANCIAL BUSINESS 1. Monthly Financial Report 2. Warrant Authorization — Cash Disbursements H. PROPERTY MANAGEMENT 1. 40" Pole — Beach Cleaning Discussion 2. 40`" Pole/Revised Event Request — Nantucket Catering Company 3. Cisco Beach/Mobile Vending Request — The Island Girls 4. Miacomet Beach Event Access Requests — Policy Discussion 5. Miacomet Beach Access Request — Nantucket Catering Company 6. Ram Pasturefflead of Plains Event Request — Bike Race I. REGULAR BUSINESS 1. Nobadeer Ballfields — Execution of Conservation Restriction 2. Logo Discussion ADJOURNMENT