Selectmen’s Meeting of July 19, 1999
Present: Chairman Daniel Webster, Judy Murdoch, Cathy Kuchinski, Charles Flynn. (Jones was not present) and Attorney Everett Marder and Attorney Kathleen O’Donnell from Kopelman and Paige, PC.
I. Kopelman and Paige - to present report regarding the Nugent Land purchased at a Town Auction. Marder began by explaining that he was asked by the Board of Selectmen to find the facts only. The inquiry was as extensive as it could be considering the amount of time that was given. Those who spoke were not represented by Counsel and were not able to cross examine.
He looked at the Registry of Deeds and interviewed seven people: Carole McCormack, Cyndi Long, Elizabeth Bates, James Coppolla, Joseph Nugent, Charles Flynn and Samuel Germaine.
Findings:
A List was made of those properties that may go up for sale and sent to all Departments to review. This printout merely listed the properties and did not include the size of the lot. Later McCormack made a more comprehensive list which was posted- this did not include the square footage of the lot either. It was then advertised in the local paper with no lot sizes included.
The Treasurer/Collector then went to the field cards in the Assessors Office and got a history card which included the size of the lot which says it is 2400 square feet.
The buyers; Mr. Nugent read a copy of the advertisement or posting or form circulated around the departments. None of which included the size of the lot. He then went to the Assessors map and saw lot 2066 which appeared on Ridge Street which showed lot 2066 as V Shaped which says 14,400 square feet.
Nugent was under the impression he was buying a 14,400 square foot lot. It is impossible to have a contract between two people with out a meeting of the minds. This is not a legitimate contract. Carole said that it is her habit to say the size of the lot at the auction- Nugent says he never heard that.
The Assessors map states that they are for assessing purposes only- at some point the assessors decided to put together all of the lots as the same lot. There was a lot of confusion based on the fact that Carole was working from one field card of 2066. When the deed was prepared by Coppola, the square footage was not listed but it said that he bought lot 2066 on Map 6- the next paragraph says book and page and owner and refers to lots 2066 and 2067. When Nugent asked for perc tests he assumed it was a buildable lot. He never got to the stage of a building permit application and Germaine has never looked into whether the lot was buildable or not.
He was eventually told that he has a problem- the deed is not what you think. Carole McCormack said that he only bought 2,400 square feet. Joe told her that he had been told by a lawyer that he bought 14,400 square feet. McCormack told Att’y Marder that she felt like she was in the middle and she turned it over to the Tax Title Attorney- Coppolla and Coppolla. Memories have faded but he made an erroneous determination that he bought six lots and wrote a letter which advised that the Chairman of the Board of Selectmen write a letter asking for a confirmatory deed. Nugent took the letter to Flynn who was the Chairman at the time and told him that this was a matter that needed to be corrected. Flynn signed the letter and a confirmatory deed was issued but the owners of all the lots
were never notified. It turns out that neither the Board of Selectmen or the Chairman of the Board had the authority to ask for a confirmatory deed since the owners of some of the lots were never notified. The land belongs to the Town and the Town owes Mr. Nugent the money he paid for the land. Marder stated in his report that Mr. Flynn acted without authority. Other Board members were not aware of acts of Nugent or others until controversy broke in the Boston Globe.
Attorney O’Donnell added that Mr. Coppola doesn’t handle auctions for the Town and he didn’t know Nugent or that he was employed by the Town.
Comments from the Board:
Kuchinski asked if Kopelman and Paige pinned down any surveyors, there would have been a title search done for the property.
Did the Tax Title Attorney see the disclaimer on the maps “for assessing purposes only”.
Marder stated that he did not see it right away himself.
Flynn- the exhibit of Copolla and Copolla’s letter- wanted to reiterate that the letter stated that the matter should be brought to the “Chairman” of the Board of Selectmen. and Flynn stated that he acted solely on the advise of Counsel and not on anyone else’s advise.
Flynn stated that since there is a debate on this issue he will not participate in the debate or any votes- He will be abstaining from this issue.
Webster asked if it was common for square feet to be present in the advertisement. O’Donnell answered that yes it is. Webster asked Attorney O’Donnell to describe how you would handle a tax title matter.
1. First the acquisition of the property through tax title foreclosure. Once the Town becomes the owner it is subject to the owners right to redeem the property.
2. Then the town puts properties up for auction. Some towns handle the auctions themselves and others the Attorney prepares the deeds once the properties are auctioned off and then other towns have the attorneys prepare for and attend the auctions.
Webster asked what the History Cards in the Assessors Office are used for. O’Donnell explained that there was a disconnect between the Assessors and the Treasurers Office and the History cards were used by the Treasurer/Collector Office and history cards were used by the Treasurer/Collector. McCormack had noted on some of her other properties on her list she had written “combined with...” Webster asked why they combined these properties on the maps. Apparently there was new mapping and software, so for efficiency purposes this reduced the number of bills going out. Webster also asked the number of auctions McCormack had conducted prior to this particular auction. Marder answered that there was one before and one after. Webster asked Attorney O’Donnell how Copolla &
Copolla should have handled the situation. O’Donnell believes if he had looked into the background some more he would have found that no notices were sent to the taxpayer of the other lots so a confirmatory deed could not have been issued.
Webster asked why it did not come to the full Board. Marder explained that Flynn acted on advice from counsel and he believed this was a minor administrative problem. Kuchinski stated that she wished it had gone to the full Board.
Murdoch commented that on the original deed Lot 2066 was on Maple Street. The first deed says Ridge Street because it was combined with 5 lots.
Marder stated that to sum this up- a lot of people did not do their homework. If you can’t rely on the cards or the Assessors maps we have a problem. If you look at the statute that says you must describe property it would have resolved the problem.
Webster asked the Board what they would like to do. There are three options:
1. Take no action and be satisfied with the report.
2. Find there is a reason for a letter of reprimand for anyone involved.
3. Hold an administrative hearing if the Board feels it is appropriate.
Webster stated that he is not happy with the process and the number of people who did not do their homework. It is beyond his comprehension the number of mistakes that were made. We need to hire counsel for these auctions in the future. He is also unhappy with the lack of judgment on Nugent’s part. He should have told the Treasurer/Collector that the lot was possibly valuable. Webster stated that when the mistake was found the parties should have gone to the Board of Selectmen.
After some discussion regarding the Administrative Hearings Kuchinski made a motion that the Board of Selectmen conduct Administrative Hearings against Joseph Nugent and Carole McCormack, second by Murdoch. 3-0-1 (Flynn abstained)
The Board would like the Assessors to meet with the Selectmen at their next meeting.
The Board agreed that Kopelman & Paige will draft the notification letters to Nugent and McCormack. The Hearing will be called on August 10, 1999.
Motion by Murdoch to adjourn, second by Kuchinski. 5-0 Vote.
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