LYNN — The City Council voted unanimously, (10-0), Tuesday night to direct the law department to draft a 30-day notice of intent for the taking of the former Century Bank building at 2 State St. and a building owned by ElementCare at 37 Friend St.
Ward 2 Councilor Rick Starbard was absent from the meeting.
A letter will be sent to the owners of the two properties that the city is considering using eminent domain — the government power to take private property for public use — to take the two buildings.
The Fifth Amendment states that the government may only take the property if just compensation is provided to the property owners.
Assistant City Solicitor James Lamanna said the 30-day period will give the City Council time to consider if they want to vote on the taking.
“The City Council is not locked in on this decision,” Lamanna said. “They might decide that they might not want to use the eminent domain but this letter of intent acts as a way to notify the owners and they have a set amount of days. It’s like a stopwatch.”
Lamanna estimated that the City Council will take up the eminent domain vote on April 12, but said it could come earlier if the owners choose to waive the 30-day deadline.
During the meeting, Ward 6 Councilor Fred Hogan and Councilor-at-Large Brian LaPierre expressed concern about whether the current tenant of the Century Bank building — a child legal-services firm — would be forced out because of the taking.
“The rent of this firm is based on this elevator construction based on the second floor that they need for the children to get upstairs,” LaPierre said. “The owner said to me he was worried that if the city took it over, he would be displaced.”
Lynn Chief Financial Officer Michael Bertino told Hogan and LaPierre this firm had a 10-year lease with the owner of the building and would not be evicted from the property if the city moves forward with the taking.
The notice of intent of using eminent domain comes on the heels of city department heads testifying in front of the City Council on Feb. 8 on possible uses of the two buildings.
Some potential uses for the properties include using the Friend Street building as the site for the long-awaited senior center, using the properties to provide more space for school-department staff or for the Health Department to provide clinics for patients and education spaces to learn about public health.
LaPierre, however, told the council they should be cautious when deciding on whether the city should use eminent domain. He said the council should be having discussions with the owners and tenants of the buildings and Mayor Jared Nicholson’s office to ensure the decision-making is done in good faith.
“I want to make sure that this is done as smoothly as possible,” he said. “When we draft this letter of intent, I hope this is done in a way that ensures we are being a good partner.”
Councilor-at-Large Brian Field said he shares LaPierre’s concerns and added he was worried that using eminent domain without careful consultation would portray the city in a negative light.
“We have the right to use the eminent domain but we are still in the discussion stage right now,” Field said.
Field and LaPierre’s call for caution follows a comment made by Eastern Bank Chief Executive Officer Bob Rivers, who said he was disappointed in the city’s sudden decision to consider eminent domain.
He also disagreed with a comment Bertino made during a Jan. 25 meeting, where he said this would be considered “a friendly taking.”
Lamanna said the legal counsel of the property owners and the city’s law department are holding conversations with each other.
