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HomeMy WebLinkAbout2014-5-13T. c.. AGENDA Nantucket Land Bank Commission Regular Meeting of May 13, 2014 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts RECEIVED CALL TO ORDER: 4:00 P.M. A. CITIZEN BUSINESS /ANNOUNCEMENTS B. EXECUTIVE SESSION I. Approval of Executive Session Minutes of April 24, 2014 2. Real Estate Acquisition C. MINUTES OF THE REGULAR MEETING OF APRIL 24, 2014 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 F. PROPERTY MANAGEMENT I . Carter Property /27 Quaise Road — Abutters Request 2. Property Management Supervisor's Monthly Report 3. Eaglebrook Property /8 Ocean Ave — Encroachment Matter 4. 12 Gardner Road/Pippens Way — Conservation Restriction Acceptance 5. Land Bank Beaches - Mobile Vending Request (Pimte Pops) 6. Cisco Beach Use Request — Nantucket Island Surf School 7. Property Naming Discussion 8. Miacomet Golf — Cart Barn Update 9. Sconset Clubhouse— Planning Discussion G. REGULARBUSINESS H. PERSONNEL MANAGEMENT 1. Part -Time Seasonal Property Assistant— Brian Pannessa ADJOURNMENT T:i4 1 ":8Y 28 F7i 2 51 MINUTES Nantucket Land Bank Commission Regular Meeting of May 13, 2014 Land Bank Meeting Room, 22 Broad Street Nantucket, Massachusetts CALL TO ORDER: 4:00 p.m. PRESENT: Bartlett, Gardner, Paterson, Reinhard. ABSENT: Stackpole STAFF PRESENT: Eric Savetsky, Executive Director; Jesse Bell, Assistant Director; Susan Campese, Administrator/Finance Manager; Doris Strang, Assistant Administrator. A. CITIZEN BUSINESS /ANNOUNCEMENTS: 1.40a Pole — Access Payment for Off -Site Erosion Control: Mr. Savetsky reported that pursuant to an agreement the Land Bank has with the owners of 93 and 99 Eel Point Road, a $4,000 payment was received in exchange for the Land Bank allowing them to drive heavy equipment across 40th Pole to gain access to the coastal bank for an erosion control project. 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 negotiation and potential litigation. 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 and Jody Paterson of 30 Quaise Road entered the meeting at 4:37p.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 24, 2014, as written. D. TRANSFER BUSINESS: 1. April 2014 Transfers — Record Nos. 35066 through 35141: The Commission reviewed transfers for the period of April 1, 2014 through April 30, 2014. 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. 35066 Kenneth J. Apthorp, Jr. and Bretworth B. Apthorp No. 35067 Shane Amos Land Bank Commission Page 2 May 13, 2014 No. 35104 Scott P. Allan and Alexandra J. Tytheridge Allan No. 35134 Christopher Carey and Carmen Carey No. 35138 Eric J. Nordby Quaise Road Resident, Francie Bovers entered the meeting at 4:44 p.m. 2. "M" Exemption Update: a. Five -Year Non - Ownership Compliance — No. 30715 James R. Cook and Jennie E. Cook: Ms. Campese read a letter from Ms. Cook requesting a waiver of the penalty and/or interest accrued due to their non - compliance with the five -yew ownership requirement of the "M" exemption, given the anticipated sale of her house coming up soon. Mr. and Mrs. Cook explained they were year -round residents of the island and their family was expanding, plus Mrs. Cook's elderly parents planned to move into the house, rendering the home unsuitable for their needs, therefore they were selling the house and purchasing another and intended to continue to live on island. After some discussion, upon a motion made and duly seconded, it was unanimously VOTED, based on family hardship and having completed four of the five -year exemption requirement to waive the penalty of $2,000.00 and accrued interest of $4,623.12 and further to authorize the issuance of a Release of Lien upon payment of the outstanding Land Bank fee of $8,000.00. E. PROPERTY MANAGEMENT: 1. Carter Property /27 Quaise Road — Abutters Request: Ms. Bovers and Ms. Paterson informed the Commission that the dog problems on the Carter property have increased since it was opened to the public. They reported that it has become a destination for dog owners, the majority of which do not obey the leash law and/or pick up after their dogs. Further, the dogs were damaging the fragile dunes and causing safety concerns with regard to small children and swimmers. Ms. Bovers stated that in the past, signs have not worked and suggested that the property was really too small to allow dogs, and that there were larger Land Bank properties, as well as the UMass Field Station, which were close by and more appropriate. After much discussion, it was the consensus of the Commission to add signage to the puking area and closely monitor the situation to see if it improves before taking further action. 2. Carter Property /27 Quaise Road — Beach Nourishment: Mr. Savetsky explained that as Part of the Conservation Commission permit, the Land Bank was required to do beach nourishment, and as a result of the severe winter, there had been significant erosion and the bulkhead was now substantially exposed. Carl Jelleme, abutter to the Carter property, had indicated that his company, Toscana Corporation could do the work at the same time as the nourishment of the beach in front of his property, estimating a price to the Land Bank of $6,000 to $8,000 to do the work. Upon a motion made and duly seconded, the Commission unanimously VOTED to approve the expenditure of up to $8,000 for beach nourishment at the Carter property. Ms. Bovers and Ms. Paterson departed the meeting at 5:20 p. m. Land Bank Commission May 13, 2014 F. FINANCIAL BUSINESS: Page 3 1. Monthly Transfer Statistics: Monthly transfer statistics reports comparing fiscal years 2013 and 2014 through April 2014 were presented to the Commission. 2. Warrant Authorization — Cash Disbursements: Upon a motion made and duly seconded, it was VOTED to execute the May 13, 2014 warrant document in the amount of $191,960.90 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 13, 2014 2007 Series A Semi - Annual Bond Interest Payment warrant to be provided to the county treasurer in the amount of $240,009.39. G. PROPERTY MANAGEMENT: 1. Property Management Monthly Update: Mr. Pollock updated the Commission on the work performed by property staff over the last month, including window replacements and carpentry repairs to the Sconset Golf clubhouse and the expansion of the parking lot; transplanting 12 cedar trees from the potato fields to Riddick Commons as part of the agreement with Sconset Trust in exchange for an easement; and framing of the Gardner Property boardwalk as installation of the helical piers was complete. Additionally, staff had completed training for applicators licenses and Mr. Pollock and Property Supervisor, Robert Earley had passed the test and were now licensed applicators. Further, staff was spending four to six hours per week with the Nantucket Conservation Foundation and Nantucket Land Council working to eradicate the invasive mustard garlic around the island. Mr. Pollock reported that Seasonal Property Field Assistant, Brian Paonessa had returned to work and was busy mowing with Mr. Earley. Mr. Pollock said the Land Bank was taking a new approach to annual road grading this year and were working with Leo Asadoorian of Blackwell & Associates in putting together a comprehensive set of specifications for putting the work out to bid for a multi -year contract. 2. Eaglebrook Property /8 Ocean Ave — Encroachment Matter: Ms. Bell told the Commission that the encroachment and dumping of debris by the Summer House Restaurant onto Land Bank property has been reported to the Town of Nantucket Health Director, Richard Ray, who has indicated that he will not sign off on the health department inspection that was required for their annual license to operate the pool area restaurant until the trash issue was resolved (among other things). 3. 12 Gardner Road/Pippens Way — Conservation Restriction Acceptance: Mr. Savetsky reminded the Commission that, as part of the Natural Heritage permit, the new owners of the Sea Terrier Farm property must put a conservation restriction on a total of 6.81 acres in three separate areas. The permit requires that the areas 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. Further, the new Land Bank Commission May 13, 2014 Page 4 owner paid the Land Bank $5,000 to fund the expense of monitoring the restriction over time and has agreed to delineate the restriction boundaries so any future encroachments can be identified without the need for a survey. Upon a motion made and duly seconded, it was unanimously VOTED to execute the Conservation Restriction. 4. Land Bank Beaches — Mobile Vending Request (Pirate Pops): Ms. Bell read a request from Rob Donohue of "Pirate Pops" to visit Cisco, Ladies, Miacomet and Pebble beaches by truck seven days a week between 10 a.m. and 6 p.m. selling popsicles made from organically grown fruit between June and August, spending no more than 2 hours at each location. After some discussion, upon a motion made and duly seconded, it was VOTED to deny the request with Commissioner Gardner in favor and Commissioners, Bartlett, Paterson and Reinhard opposed. Further, the Commission asked Ms. Bell to encourage Mr. Donohue to come in person if he chooses to reapply so the Commissioners could meet him and ask him questions. 5. Cisco Beach Use Request — Nantucket Island Surf School: Upon a motion made and duly seconded, the Commission unanimously VOTED to approve a request from Gary Kohner of Nantucket Island Surf School, to allow his use of a portion of the Land Bank's Cisco Beach property to rent surfboards and provide surfing lessons subject to Mr. Kohner continuing to provide stewardship of the property, carrying insurance protection with $500,000 coverage per occurrence and $1,000,000 in aggregate with the Land Bank named as additionally insured, and requiring students and board renters to sign hold - harmless agreements. The Commission agreed to a fee of $5,000 to allow Mr. Kohner to provide these services for the season. 6. Property Naming Discussion: Chairman Reinhard provided a list of suggested names for various properties and trailheads, explaining that currently, most of the properties were referred to by the former owner's name and for some properties, perhaps a name with historical meaning would be better. He asked that Commissioners consider his list of names for discussion at a future meeting. 7. Miacomet Golf — Cart Barn Update: Mr. Savetsky presented plans for a cart barn at Miacomet Golf. He explained the plan was to purchase a pole barn building with no heat that would accommodate 72 carts with charging stations and has additional room for golf bag storage. Upon a motion made and duly seconded, it was unanimously VOTED to approve the plan for submission to the Historic District Commission. 8. Sconset Clubhouse — Planning Discussions: Ms. Bell presented updated plans for the Sconset Clubhouse for review by the Commissioners. The initial comments by the Commissioners were to widen the basement entry/stairs, see wooden options as opposed to stone for the various outside retaining walls and to fine time the gingerbread design on the front porch. H. REGULAR BUSINESS: None. I. PERSONNEL MANAGEMENT: 1. Part-Time Seasonal Property Assistant — Brian Paonessa: Mr. Savetsky informed the Commission that Brian Paonessa who has worked for the Land Bank for the past nine summers was Land Bank Commission May 13, 2014 Page 5 back to work and leasing the third floor apartment at 22 Broad Street. Mr. Paonessa worked five days a week from 7:00 a.m. to 11:00 a.m. Further, Mr. Savetsky recommended keeping Mr. Paonessa pay rate at $29.00 per hour with no increase in rent. Upon a motion made and duly seconded, the Commission VOTED to approve the request and authorized Mr. Savetsky to execute a Personnel Change Form for Brian Paonessa to be provided to the county treasurer. 2. Bachman House — Directors Lease Update: Mr. Savetsky informed the Commission he has paid $1,000 in rent for May and would pay $1,000 per month for the duration of his stay at the Bachman house that was expected to last through July. ADJOURNMENT: Upon a motion made and duly seconded, it was VOTED to adjourn at 6:45 p.m. Attested to: Neil Paterson, Secretary A p d, Approved, and Released by the VOTE 0 0 'ssio 's 27th day of May, 2014. einhazd, Chairman MONTHLY TRANSFER STATISTICS FISCAL YEAR 2013 I FY13 Total Exempt Taxable Total Gross Gross Revenue Month Transfers Transfers Transfers Value I Value Taxable 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 Sep-1 2 107 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 $28,375,401 $19,594,108 $391,882 A r -13 99 72 27 $30 184 310 $27 537 512 $660,630 May-1 3 62 41 41 $67,451,345 $63,327,499 $1,259,850 Jun -13 80 33 47 $83,041,129 $81,393,629 $1,627,873 THRUAPR'13 Averse 1,277 120 829 75 448 45 $698,053,043 $70,712,126 $642,074,614 $65,566,312 $12,867,310 $1,312,919 Low 63 33 19 $28,375,401 $19,594,108 $391,882 Hi h 448 370 78 $143,154,855 $117,472,287 $2,349,446 MONTHLY TRANSFER i STATISTICS FISCAL YEAR 2014 FY14 Total Exempt Taxable Total Gross Gross Revenue Month I Transfers I Transfers Transfers Value Value Taxable I Received Jul -13 81 45 36 $39,269,537 $36,279,537 $735,021 Au -13 78 26 52 $103,382,429 $100,768,700 $2,023,394 Se 13 107 31 76 $99,058451 $97,612,951 $1,952,259 Oct -13 128 44 84 $148,561,985 $146,714,985 $2,934,300 Nov -13 88 48 40 $59,407,800 $58,541,850 $1,130,837 Dec -13 108 54 54 $77,487,991 $72,594,425 $1,451,889 Jan -14 83 54 29 $63,272,803 $61,129,303 $1,222,586 Feb-14 65 30 35 $63,662,993 $61,093,628 $1,227,663 Mar -14 71 32 39 $50,612,071 $45,933,178 $925,427 Apr-14 75 40 35 $50,709,873 $47,284,873 $945,697 THRU APR 14 Averse 884 88 404 40 480 48 $755,405,733 $75,540,573 $725,954,428 $72,595,443 $14,549,272 $1,454,927 Low 65 26 29 $39,269,537 $36,279,537 $735,021 Hi h 128 54 1 84 1 $148,561,985 $146,714,985 $2,934,300 MONTHLY (UNAUDITED) DOCUMENTS AND EXHIBITS Nantucket Land Bank Commission Regular Meeting of May 13, 2014 1. 40u' Pole access - email 2. "M" Exemption Liens (see transfer business for record nos.) 3. 5 Year Non - Compliance — Waiver Request 4. Carter Property - Maps 5. Monthly Transfer Report — April 2014 6. Transfer Statistics and Graphs — April 2014 7. Check Warrant Summary dated May 13, 2014 8. Road Grading Aerials 9. Pippens Way — Conservation Restriction 10. Mobile Vending request — Pirate Pops 11. Property Name List 12. Cart Bam Plans 13. Sconset Clubhouse Plans TRANSFER BUSINESS Nantucket Land Bank Commission Regular Meeting of May 13, 2014 1. April 2014 Transfers — Record Nos. 35066 through 35141: a. Current "M" Exemptions and Liens: No. 35066 Kenneth J. Apthorp Jr. and Bretworth B. Apthorp No. 35067 Shane Amos No. 35104 Scott P. Allan and Alexandra J. Tytheridge Allan No. 35134 Christopher Carey and Carmen Carey No. 35138 Eric J. Nordby 2. "M" Exemption Update: a. Five -Year Ownership Non - Compliance — Waiver Request: No. 30715 James R. Cook and Jennie E. Cook