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Council hears public concerns after mayor signs open‑ended closing date in Mill Street contract amendment
Summary
Residents and council members pressed the Common Council to review a May amendment to a 2023 sale contract that removed a fixed closing date and tied closing to the seller's ability to convey title; the council president said legal counsel will review whether the mayor had authority to sign the amendment.
President Morris opened a discussion of an old‑business item about the contract between the city and Carney, saying he had located and placed an amendment on file that changes the closing‑date language in the underlying agreement.
Reading from the amendment, President Morris said: "The closing of title shall take place on the date which is 30 days after the seller has discontinued all pending actions proceedings relating to the ability of the seller to convey the title to the property to the purchaser in accordance with the terms of the conditions set forth herein." He said both the original contract and the amendment are available in the clerk's office for public review.
Council members and members of the public raised alarm about the change. One speaker said the sale price listed on the contract was $450,000 and the escrow was only $10,000, and argued the terms appeared to favor the purchaser and to shortchange taxpayers. Several council members and residents called the amendment "bad for us" and urged colleagues to review the documents closely.
A member of the public said the city's form of government vests fiscal authority with the council and questioned whether an amendment that affects sale timing and financial exposure should have been brought to the council for consideration. Another commenter urged the council to request any legal opinions on which the mayor relied and to require written legal advice on letterhead when staff or the mayor cite a legal basis for a decision.
President Morris and the council's attorney said they would review the contract history and the amendment and report back at a future meeting; Morris declined to offer a legal opinion on the spot. He noted the amendment was signed by the mayor on a May date and that council records show the earlier contract was approved in January and that the May 2023 document is on file in the clerk's office.
The council did not take a formal vote on this matter during the meeting; members asked that the January resolution, the May 2023 contract, and the May amendment be provided to the council and made available to the public for review and that the attorney analyze whether proper authorization was followed.
The council's next procedural step, as stated during the meeting, is for legal counsel to review the filing and for the council to present findings at a subsequent meeting.
