AVALON SOUTH City, Joy to try for settlement



The attorney representing the operator of the city-owned golf course says he is 'optimistic' a deal can be reached soon.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- If a settlement agreement is not reached soon between the city and the operator of Avalon South Golf Course, the city's law director says he will ask a judge to set a trial date.
Law Director Greg Hicks said Tuesday that he plans to meet with Tony Joy's attorneys this week and hopes both sides can reach an agreement.
"We have a pretrial with Judge Andrew Logan on Friday, and if by Friday we are not close to a settlement, I will ask the judge to set a trial date," Hicks said, noting he will be meeting with attorneys before the hearing.
He added that both sides are "still far apart" on many of the issues.
However, Atty. Richard Schwartz, who represents Joy, says he is optimistic that a deal can be reached by the end of the week. He declined to elaborate.
The city tried to evict Joy from the Howland course in February. The city cited unpaid rental fees, failure to pay a bank loan and failure to maintain liability insurance as its reasons for the action.
Joy filed a lawsuit. He countered that officials told him he would be credited for improvements he made to the facility, which include the construction of a new clubhouse, and that in 1988, the city's safety-service director told him he would not have to pay property taxes. The case is pending.
Joy also contends that the clubhouse construction was orchestrated by city officials and that he had no involvement in the hiring of the construction company that demolished the facility.
Facing charges
Dante Massacci Jr., 33, of Shadowood Lane, Howland, and Dante Massacci Sr., 79, of Central Parkway Avenue S.E., who owned the now-defunct Warren construction company, are accused in a federal bill of information of paying an unidentified city official $70,000 to obtain more than $770,000 in contracts.
Both men are facing one count each of conspiracy to interfere with commerce. They both pleaded innocent to the charges.
The eight-page information, which was filed in federal court earlier this month, says the Massaccis obtained six public and private contracts, including construction of the Avalon South clubhouse.
Federal officials say the city entered into a contract with T & amp;J Construction to demolish the clubhouse but the Massaccis did the work.
Once the contract was signed, the Massaccis demolished the building and were paid $4,000 to $5,000. They then paid a city official $2,000, the government says. The FBI has not identified the city official.
sinkovich@vindy.com