CC MTG MINUTES MAY 17 2017 i �
' EXECUTIVE SESSION OF THE AGAWAM CITY COUNCIL
1 Minutes dated May 15, 2017
Council President Cichetti noted that the next two items are to be discussed in Executive Session due to Purpose#6 of
the Massachusetts Open Meeting Laws quoting"To consider the purchase, exchange, lease or value of real property if
the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body."
He then asked for a Motion to go into Executive Session which was made by Councilor Calabrese and seconded by
Councilor Bitzas. Councilor Johnson noted for the record that the reason is that speaking about these items in regular
' session could have a detrimental effect on the negotiations of the town. The vote to go into Executive Session was 10
YES,0 NO, 1 ABSENT(Councilor Letellier). Council President Cichetti stated that we would return to the dais to do
• the final Agenda Item L namely `Any other matter that may legally come before the City Council.'
*EXECUTIVE SESSION*
Item A. Roll Call
ROLL CALL—10 PRESENT, 1 ABSENT
Roll Call within Executive Session was taken with the following councilors present: George Bitzas, Cecilia Calabrese,
Paul Cavallo, Council President James Cichetti, Christopher Johnson, Council Vice President Joseph Mineo, Donald
Rheault, Robert Rossi, Anthony Suffriti and Richard Theroux. Councilor Letellier was absent. With ten present, there
was a quorum.Associate Solicitor Stephen Buoniconti was also present.
• TR-2017-28 - A Resolution authorizing the purchase of certain real estate (Councilor Bitzas)
EXECUTIVE SESSION
TR-2017-29 - A Resolution authorizing the purchase of certain real estate (Councilor Bitzas)
EXECUTIVE SESSION
Motion to approve made by Councilor Johnson and seconded by Councilor Bitzas. Councilor Bitzas began by talking
about the purchase of property at 50 Main Street. He believes it is in the best interest of the town to purchase this
property. He mentioned Councilor Johnson stated that the resolution needs amending if the Council were to go
forward. Attorney Buoniconti mentioned it was on the blighted look out list with regular complaints being made on
that property. The bank that owns the property said that the issue is the registered property owner died intestate and
' has no heirs. There are renters in the property at this time. The auction was announced for Thursday, May I gth at
2:00pm. He made several phone calls to Korde & Associates to attempt a conversation on purchasing this property
• however he received no response. Councilor Bitzas asked the Law Department to file the resolutions on the Agenda.
' Councilor Theroux asked who bids on this property? The Law Department? Councilor Bitzas? How high do you bid?
What do you do with it once you buy it? What are the costs for tearing it down? Councilor Bitzas stated a vision is
needed in this town for this area. It would be useful for the Doering School for turn-around parking and student pick
up or useful for a future Town Hall complex. Attorney Buoniconti mentioned going through Summary Process for
eviction of the tenants in there now. Councilor Rossi noted that he served notice on those tenants for Deutche Bank a
two months ago and they are still in there, so you can see it will be a difficult and long process to evict them.
Councilor Theroux wanted to know what the school has said and Councilor Bitzas stated both the Superintendent and
' the School Committee strongly supported this. Council President Cichetti read the email he received from the
Superintendent that day stating his support. Councilor Rossi asked how much are we willing to pay for this property
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' and Councilor Suffriti noted that the assessed value is $135,900.00. Councilor Bitzas said the Mayor now supported it
and has amended one of the resolutions to co-sponsor it. Councilor Theroux said we have to vote for a ceiling of an
amount to bid. Councilor Johnson noted he has many concerns as he is a practicing attorney in the housing court. We
cannot get title to this property if the town purchases it. The property is currently occupied and if we buy it,the town
becomes landlords and is then responsible to bring that property up to code compliance. The tenants have options to
protect them on post-foreclosure properties and they can challenge the validity. Councilor Johnson noted he supports
getting the property just not through this process. He did not agree with bidding more than the assessed value and that
' we would be opening Pandora's Box with respect to the tenant. We could not get a good title at foreclosure auction
unless there were no occupants or we have signed permission. The Auditor noted the logistically the Council could not
do both items as they are written. Councilor Johnson said to strike the second and third paragraphs on TR-2017-29.
She also noted that we can't do"up to"certain amounts—the amount has to be clearly specified. Councilor Rossi said
the Deutcbe Bank had attempted eviction and was unsuccessful and that's why they have put it up for auction.
Councilor Johnson reiterated that the town would be landlords if we bought the property. If the bank was
unsuccessful, it would probably be a long process. The tenants could turn around and sue the town if the property was
not up to code and will go after anyone with deep pocket like the town. Councilor Bitzas stated he hated to lose that
property and it would be in the town's best interest to purchase it. Councilor Theroux asked if it would be better to
wait to see who purchases it. Councilor Johnson said we should have the Associate Solicitor attend the auction and see
what happens. The potential of liability is far too great. Of course, this is the worst case scenario. Councilor Bitzas
asked if it would be easier if we purchased the property from the bank and yes, it probably would be. Attorney
Buoniconti stated we either vote the items down or take no action. The Motion was moved and seconded to take no
action and let the items move to Old Business. If the bank buys it,we would withdraw the resolutions.
Item M. Ad'ournment.
' The Motion to adjourn was moved by Councilor Bitzas and seconded by Councilor Johnson. The vote was 10 Yes, 0
NO, 1 ABSENT (Councilor Letellier). Executive Session was adjourned at 9:15pm. They returned to the auditorium
to close the regularly scheduled City Council meeting.
**END OF EXECUTIVE SESSION**
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