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Council Committee to Weigh Restrictions on Mohawk Theater
By Tammy Daniels, iBerkshires Staff
02:43AM / Wednesday, March 27, 2019
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Mayor Thomas Bernard also asks the Finance Committee to set meetings to begin review of the 2020 budget. 
NORTH ADAMS, Mass. — The City Council on Tuesday sent the potential sale of the Mohawk Theater back to committee to determine what restrictions might be put on the request for proposals for the historic movie house. 
 
Councilors had wanted to "flip the process" by issuing an RFP first and weighing responses before declaring the property "municipal surplus." But an opinion by the city solicitor received Tuesday afternoon closed off that possibility. 
 
The request by Mayor Thomas Bernard to declare the 80-year-old cinema surplus property has been accompanied by a level of community angst not seen in the disposition of any past buildings.
 
Councilors have debated how they might control any decisions made to the theater and residents shared their concerns over the theater's future at a well-attended meeting of the Community Development Committee a few weeks ago. 
 
"The solution that we were suggesting at the last committee meeting which, just to refresh everyone, was basically flipping the process of the RFP and the disposition of property," Councilor Benjamin Lamb, chairman of the Community Development Committee, explained Tuesday night. "Instead of declaring it surplus property at the beginning, we would do it in the middle after the RFP was out there through the mayor's office."
 
But the city's legal counsel, KP Law, represented by attorney Stephen E. Marsters, said a reading of state law precluded any "flipping."
 
"In my opinion, a reading of the plain language of G.L. c. 30B, Section 16 directs the governmental body (City Council) to make this determination, among other things, prior to issuance of an RFP," Marsters wrote.
 
The section lays out in order that the governmental body determines what action it will take on the property, determines the value, and then solicits proposals. 
 
That sequence is further highlighted in the Inspector General's Chapter 30B Procurement Manual, Marsters wrote, quoting from the manual that "Before you can sell or lease property, regardless of its value, it must be declared available for disposition by the individual or body with the authority to make such a determination for your local jurisdiction."
 
Any restrictions would also have to be instituted prior to issuing an RFP to ensure that all bidders were treated fairly, he continued. 
 
However, those restrictions can be put in place by the City Council. According to state law, the "governmental body shall declare the property available for disposition and shall specify the restrictions, if any, that it will place on the subsequent use of the property."
 
Councilor Jason LaForest had motioned to return the order to committee, noting that the law allows restrictions to be attached to the RFP.
 
"There's going to be a significant conversation around what kinds of restrictions and the community input we take in terms of likely edits to the original order," Lamb said. 
 
The art deco theater and its marquee have been a mainstay on Main Street for decades and, while outlasting other single-screen theaters of its type for a time, it's been largely vacant now for nearly 30 years. 
 
The city purchased the several sections of the movie house beginning in 1991 in hopes to turn it into a performance venue but the required architectural additions and cost set the project back. The structure was stabilized and stripped about a decade ago. 
 
Its disposal is part of process started under the last administration to begin selling off property it did not need and no longer wanted to maintain. So far, only the City Yard on Ashland Street is closest to being sold with Cumberland Farms having gone through permitting to build on the property. 
 
In other business, the council postponed several other matters: changes to the Public Arts Commission ordinance because the commission had not yet been able to review the final changes; zoning ordinances, which will be presented to the community again and have another public hearing (staff turnover in Community Development and Berkshire Regional Planning Commission caused the delay); a change in the time for council meetings because Councilors Rebbecca Cohen and Paul Hopkins were absent and the General Government Committee meeting minutes were not yet available; a communication from LaForest on a crosswalk at Brayton because the Traffic Commission had not taken it up, and a discussion on healthy eating and food desserts related to the loss of Price Chopper. 
 
The council filed a communication by Council President Keith Bona to shift the approval of taxi driver licenses to the Police Department because state law (Chapter 159A) places the authority with the council.
 
• Bona also apologized for interrupting Cohen at the last meeting during Councilors' Concerns and said he emailed an apology to her and other councilors. 
 
"At that time I thought there was a rule that existed about continuing a statement through multiple meetings," he said. There were rules on controlling repetitiveness, he continued, "but there wasn't anything specific to the rule I thought existed."
 
Cohen has brought up her opposition to a change in council rules this year that limits public participation at meetings during Councilors' Concerns. 
 
Bona noted that Councilors' Concerns is informal but thought once motions are passed or rejected, they should not be continually brought up at meetings. 
 
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