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Board of Selectmen
Executive Session Minutes
July 19, 2000
Following a five minute receSS of the Light Commissioners Executive Session with
Selectman Robinson not present, the Executive Session reconvened at 8:20 p.m. to
discuss a lease/purchase of certain real estate.
Present were Chairman David W. McCarter; Clerk Bradford E. Wills; Selectmen
Louis P. Amoruso; Daniel Donovan; and Amos M. Robinson.
Also present were Town Manager John D'Agostino and Town Counsel Robert
Mangiaratt i.
Attorney Mangiaratti reviewed the history regarding the lease of the former
Clemmey Tank property, noting that the Town had a lease agreement with John L.
Clemmey Co., Inc. going back to 1990. The lease was last renewed in 1994. We paid
$1,543 per month for the commuter rail lot. J. L. Clemmey stopped paying taxes
and went out of business. We then started taking rent and paying the taxes. The
property was lost to a Sherr if's Sale and we stopped paying the taxes. Mr. Joseph
Ditchman's company is the title record holder. Richard Boucher, Town Treasurer,
collected money from Mr. Ditchman and Mr. Ditchman is ready to reclaim it. It was
owned by Jackson Clemmey, subject to tax title. Right now it's owned by JPD
Management, LLC. We collect money, but have no right to be there. At this point
we need to have someone go out to the lot and mark the land that Ditchman owns
that we are using.
Selectman Amoruso noted that Joe Ditchman also took over the old Chilson Furnace
property in that sale, so he has more land available than just this. Attorney
Mangiaratti pointed out that Mr. Ditchman has been paying significant money to
Mansfield for taxes. The Town needs someone to figure out where the land is and
get something so we know what we're using and what's on the lease. Mr. Ditchman
does hold a lease delineating in verbage what land we are referring to, but we need
to know what area it is and then make a policy decision as to whether the Town
wants to continue to lease the land for our commuters.
Another issue is Mr. Ditchman acquired title because he bought a judgement that
one of the Clemmey Tank creditors had levied against the property. Mr. Ditchman
went to that company and paid for the lien. Then he had the sheriff seize and sell
the property at the sale. Mr. Ditchman bought it at the sheriff's sale. The
sheriff's deed conveys title and Mr. Ditchman's company got it. However, the
sheriff's sale doesn't end it because the original owner can redeem it within one
Executive Session Minutes of July 19, 2000 Selectmen's Meeting
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year. If Clemmey Tank goes to Mr. Ditchman and pays, it goes back to Clemmey.
Karl Clemmey intends to redeem the sheriff's sale, but right now Mr. Ditchman
owns the property. Mr. Clemmey could become the new owner, so we need to put in
a clause that the lease becomes void if Mr. Ditchman loses title. Mr. Ditchman has
proposed $1.40 a square foot price. Attorney Mangiaratti suggested a policy
decision needs to be made as to whether we want to lease the land. He noted that
neither Mr. Ditchman's lawyer nor he know how many square feet we're talking
about and what it comes out to at $1.40 per square foot.
Selectman Donovan asked if we should we put the money we're collecting in escrow.
The Town Manager replied that right now it's going into the General Fund because it
can't go to Mr. Clemmey. Attorney Mangiaratti suggested the Town may have to
pay some back rent. He asked the Town Manager to explore the matter with the
Town Accountant to See if that money can be separated.
Motion: To investigate with the Town Accountant whether we can put the money
collected in escrow
(Donovan-Amoruso)
Roll Call Vote: Donovan, aye; Amoruso, aye; Wills, aye; Robinson, aye;
McCarter, aye
Passes 5-0
Motion: To have Lee Azinheira or John Sullivan get the area surveyed and marked
to show where the land is that we're using.
(Donovan-Amoruso)
Roll Call Vote: Donovan, aye; Amoruso, aye; Wills, aye; Robinson, aye;
McCarter, aye
Passes 5-0
Motion: To go out of Executive Session at 8:28 p.m.
(Amoruso-Donovan)
Roll Call Vote: Donovan, aye; Amoruso, aye; Wills, aye; Robinson, aye;
McCarter, aye
Passes 5-0
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Clerk'! Signature
Executive Session Minutes of July 19, 2000 Selectmen's Meeting
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