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HomeMy WebLinkAbout1939-06-12323 SFLECTMENtS MEETING 1 JUNE 1211 1939. A special meeting of the Board of Selectmen was held In the Selectmen's Room, Town Office Building, at 7;30 P.M. Chairman Giroux, Messrs. Potter, Rowse, Locke and Sarano were present. The Clerk was also present. The Town Clerk, the Town Accountant, the Town Counsel and eight members of the Appropriation Committee were present. The Chairman explained that the meeting had been called to discuss what the Ryders had to say about the settlement of their cases. Mr. Wrightington said that some time ago, he filed a copy of' Judge Ronants opinion at the Selectmen's Office. He explained the opinion. R;derb attorney has filed papers for the "Correction of errors as he calls it, but there is some question as to whether or -not they will be allowed. Ryderts attorney has followed the method used by Mr. Wrightington In figuring the interest but he was not sure that this method would be used by the Court. He said that if the dsmages:were assessed by a jury at the same rate, however, it was conceivable that the interest might run higher. If the Ryders were awarded damages at the same rate that the ' Auditor figures, the damages from August 11, 1931 to June 15, 1939 will amount to about $53,000. Owen assumed that he might get as much as 953,500.00. He has offered to settle for 950,000. and in doing so, says that he is throwing out $3500.00. The computation of tax titles due as presented by Scamman and Carroll as of June 15, 1939 total $34,880.63, Ryder which means that the Ryders want sbout 15,000. cash. Mr. cases. Wrightington told Owen that he would recommend 95,000. in cash plus the cancellation of the tax title cases. The Ryders filed a !notion Saturday to hate the $7,000. in ex- ceptions added to the judgment. They will file a motion in the Land Court Wednesday morning to have the time for redemption continued from June 15th to October 15th4 Mr. Wrightington requested instructions as to what he was to do at the hearing. The Chairman asked the Town Counsel to explain the con- ditions under which the Selectmen agreed to give the Ryders an extension of six months to June 15th and what knowledge the Court had of that, Mr. Wrightington said that Judge Fenton was told that there would be no further request for extension, and Judge Fenton made it as clear as he could that there would not be a further extension. Wrightington got him to make a finding which would automatically result in a foreclosure on June 15th unlessthey redeemed before that time. However, now there has been a change in circumstance's and Ryder is going to play it up all he can. Also the Judges in the Land Court are very lenient on back taxes. Mr. Wrightington said he had a feeling that the Judge would extend the time even if he 324 opposes it, but he did not know how long he might extend it, in his discussions with Ryder's attorneys in the matter of a settlement, Ryder wanted him to ask the ' Board to favor the extension of time, saying that if he did not get the extension, the Town would have a lot of real estate which would be taken out of taxation and the Town might not be able to get rid of it. The amount of the damages has not been determined and they are figured on the loss of rental value. There is really ho rental value on such land at the present time. It is very difficult to get a real es- tate expert who will testify on this question or who is qual- ified to testify on it. Ryder had no experts and had nothing but his own testimony. The Chairman said that in considering this matter, the Board should realize the fact that the cases would stretch out over a long period of time if not settled now. It might be a year before the whole thing is straightened out. The Chairman said that the Board should take into consideration the fact that 9t the Town Meeting held on April 15, 1938, the Ryders were willing to settle for $22,500. on their taxes against $50,000. now because of the decision of the Supreme Court. However,'the Town voted down the agreement in 1938. Mr. Sheldon asked if this settlement would remove.any question of further claim because of Vine Brook, Mr. Wright- ington said that there should be no further claim unless this construction did not drain the land and said that the damages should end when the job was completed. Mr. Merriam said that in the proposed agreement the Town ' was supposed to do some work on the south branch, but he understood that this work was not contemplated under the present contract. He wondered if the Ryders could not claim damage to their land off Highland Avenue. Mr. Wright ington said that the work on the south branch was under consideration as a W.P.A. project. Mr. Potter asked how much benefit the Ryders would re- ceive from an extension to October 15th. Mr. Wri ghtington said that It would prevent the land from being vested in the Town and might stop their mortgagees from pressing them. He said he had an idea that in dealing with their creditors, this litigation had been of some benefit to them. He said they might be able to persuade Judge Fenton to give them a further extension on the theory that the town owes them money which can be offset against taxes. Tho Chairman asked Mr. Wrightington if he would tell the Judge if the Board decided to make the Ryders a reasonable off er and he replied in the affirmative. Mr. Rowse asked what the valuations of the land involved in the tax title cases amounted to, and Mr. Russell said that they amounted to about $136,000. Mr. Rowse said that if the Town sold the land for 50% of its assessed valuation, it would get $68,000, and still be ahead of the game. The Town Clerk said that the actual taxes on the property in the Land Court amounted to $17,322.14, and the balance was ' interest and interest ori interest. Mr. Bond said that if 325 ' the Town took title to all of this property and disposed of it, it could have restrictions in the sales to prevent further suits. Mr. Wrightington said he told Ryder that he would con- tend that they could not collect any damages from 1931 with respect to the Holmes lot and the Aldrich property, by virtue of a tax sale in 1931 on the theory that there is no other deed since then and if that should turn out to be true, it would reduce all possible damages to 48,000. rather than $53,000. The Chairman said that the Town would not settle last ear for $22,500, and he wondered why it should settle for 50,000. if the Ryders would not agree to a reasonable amount. He asked Mr. Wrightingtoftfs opinion as to settling, and he replied that he thought it was good judgment to settle the cases now and he told Ryder that he would recommend to the Selectmen that they settle for $5,000. and cancellation of taxes. Mr. Carroll said that the Ryders had been to Tax Commissioner Long, who recommended an extension of time. Mr. Rowse said he was surprised at Mr. Wrightington's reaomumendation to settle for approximately $40,000. if we do not seem to be taking any more chances. Mr. Wrightington said that he thought we should stop fighting. We have been fighting since 1931. He said, ' however, that he had merely tried to give the Board all sides of the story. He said that what a jury would say, he could not toll, but usually they are afraid of juries. Mr. Russell asked if there might not be a chance that some of the sixteen tax titles might be invalid, and Mr. Wrightington replied in the affirmative. The Chairman asked Mr. Merriam to take a poll of his Committee to see how they felt on the matter of settlement. The Committee was unanimous in the feeling that the town should settle for $5,000. plus cancellation of the taxes. The Appropriation Committee and Mr. Carroll retired at 8145 P.M. The Chairman stated that last December, R. L. Ryder agreed not to ask for a further extension of time if he was granted an extension to June 15th. Mr. Potter moved that Cdr. Sydney R. Wrightington be instructed by the Selectmen to oppose the Ryder's motion on Wednesday. June 14th, 1939, for a further extension of time for entering of foreclosure decrees in the thirteen tax title cases now pending in the Land Court. Mr. Locke seconded the motion and it was so voted. Mr. Rowse moved that the Selectmen authorize the Town Counsel to negotiate an agreement with the Ryders for the settlement of all outstanding taxes and drainage claims subject to approval of the Town on substantially the follow- ing basis: cancellation of all outstanding taxes and tax titles on the books of the Treasurer or the Collector, including 1938 but not 1939, amounting to approximately 326 $350000. assessed against the various Ryder interests in exchange for complete release of claims for damages involved in the 1,Ltigation recently decided by the Supreme Court, and other possible claims resulting from drainage improvements in Vine Brook as recommended in the report of a Committee referred to in an agreement between the Ryders and the Select- men dated October 26, 1937,•on substantially the terms and manner set forth in that agreement. Mr. Saran seconded the motion and it was so voted. Mr. Wrightington retired. Welfare. Messrs. Mitchell and Morse appeared relative to Welfare matters. The Chairman stated that Mr. Street came to him and introduced him to a Federal agent investigating Albert P. Rounds. He and Street were very much concerned with the quality of the work that Rounds is doing. He apparently does not know how to do the work or is not doing it right because he is trying to out corners. Street and the Federal agent thought it would be wise for the Board to invite. the Rounds P.W.A. to make an inspection of the quality of the work. I'f contract. we come to any final trouble with Rounds, it would aid our cause a great deal. The Chairman talked with Mr. Raymond, who said that Metcalf & Eddy were watching the job -very carefully and that either Rounds was going to do the job ' right or he would be stopped. They all agreed•that it was no reflection on Metcalf & Eddy to have a Federal inepeotion. On the strength of this, the Chairman requested that the P.W.A. send a man to investigate the work and he asked that his action be approved.- Mr. Rowse moved that the Chairman's action be approved. Mr. Saran seconded the motion and it was so voted. Letter addrbssed to Mr. Raymond from Metcalf & Eddy salvuccl advising that Peter Salvueei wanted permission to pay his contract. men by check was received. Metcalf & Eddy approved the change. Mr. Rowse moved that this be approved. Mr. Locke seconded the motion and it was so voted. Upon motion of Mr. Locke, seconded by Mr. Rowse, it Pole was voted to approve the following pole :Locations: locations. Eliot Rd. - southeasterly from Washington St. - 11 poles; Eliot Rd. - northwesterly from Pelham Rd. - 5 poles; Cary Street - westerly from Taft Ave. - 2 poles; Cherry Street - westerly from Taft Ave. - 1 pole. The Chairman suggested that the Board meet on June Meetings. 19th and 26th and skip July 3rd. There was no objection to the suggestion. Playground Letter was received from Mr. Garrity stating that George ' instructor Schliete would be unable to work at the swimming -pool and therefor he had replaced him with Ralph Cowdrey. ' Letter wax received from Everett S. Emery requesting for the Hancock Congregational Church, that its sexton, Benjamin L. Higgins of 124 Oak Street, be appointed a Special Police Officer. Mr. Emery said that they were greatly troubled by the trespassing of boys on the roof of the parish house. Mr-. Rousse moved that Mr. Higgins be appointed a special police officer until April 1, 1940. Mr. Sarano seconded the motion and it was so voted. 1 1 327 Special Police. Letter was received from Henry H. Kitson asking why the Capt. Board assumed the responsibility of making the Capt. Parker Parker monument look ridiculous. He said that the stone was out Statue of harmony and that it was too large. He said that he made the statue without cost to anyone but himself and he demanded that the mistake of placing the stone be rectified. The Chairman said that in 1899 and 1900, the Town had paid Mr. Kitson almost $10,000. for making the statue. The Board felt that it would be impossible to make any change in the stone now because of financial reasons.< The Clerk explained that the Mass. Dept. of Public Health was conducting a survey to determine from what Mosquito places mosquitoes were breeding which carried the survey Encaphalitis germ. This Board of Health has been requested to sponsor a survey. She was instructed to go ahead with the program. Sewer Assessment Abatements in the amount of $68.43 were Abatements authorized. Commitment of Water Miscellaneous charges in the amount of $362.15 was signed. Commitment The meeting adjourned at 10;35 P. M. A true record, Attest; Clerk.