City Councilor Rooke seeks answers at Wednesday meeting
Date: 2/17/2010
Feb. 17, 2010.By G. Michael Dobbs
Managing Editor
SPRINGFIELD -- City Councilor Timothy Rooke will be looking for answers from the Sarno Administration on several unresolved issues facing the city at a meeting of the council's Finance Committee meeting on Wednesday.
Rooke said he is seeking the status of the following issues:
• the Federal Building lease and line items including the cost and timeline of the renovations;
• the stamped and signed documents from the architect who did the estimates for the buildouts;
• the Mason Square Library, why the Urban League is still in the building and why the City Council was not notified of the extension;
• and lease between the South End Community Center and the city and if the city intends to collect the $45,000 annually in rent.
Reminder Publications posed some of these questions to Mayor Domenic Sarno. His communications aide Thomas Walsh answered them.
On the Federal Building renovations, Walsh wrote, "The renovations have not yet begun. Due to public bidding responsibilities the city was not able to award a contract to perform the city's renovations until this week.
"The contract for the build outs was executed this week and the build outs are expected to begin within a few days," he concluded.
Rooke was sent the contract for the renovations. R.A.C. Builders of Agawam won the bid for $1.6 million last week. The contract does not specify a completion date but does note "the concentrated focus on completing the second floor spaces [is] April 19."
In answer to the question concerning the signing of the contract by the School Committee that would authorize the moving of the School Department from its location on State Street to the Federal Building, Walsh wrote, "No. The School Committee has not signed the lease. As the lease was entered into when the Springfield Finance Control Board was in existence, the School Committee's signature is not required on this lease."
On the issue of the Mason Square Library and why the Urban League is still in the building, City Solicitor Edward Pikula supplied a written answer to this newspaper.
"'By law the Urban League should have been out of the Mason Square Library building 30 days after the city filed the lease in the eminent domain proceedings. They are still there. Why?
"The statement as to the law is not correct. By law, the eminent domain taking triggers provisions of the laws and regulations governing relocation of persons and businesses displaced by the taking.
"Pursuant to the provisions of GL ch. 79, 8B 'No person in possession of property which has been taken . . . shall be required to vacate any portion of such property . . . until four months after notice of such taking . . .' While this is the minimum time frame, in reality, relocation efforts can be much longer, and typically are. Under the applicable law, the city's timetable is linked to the needs of the Urban League as well as the renovation plans and schedule of the city.
"Specifically, the Library Department and Facilities Department are in the process of implementing plans to expand the occupancy of the Mason Square Library to the space occupied by the Urban League in the fall of 2010. It is contemplated that ongoing renovations will require that the Urban League vacate the premises in May of 2010.
"In the meantime, the city is obligated by law to provide relocation assistance. Under the applicable law and regulations the process mandates that the city 'shall assist businesses [including non-profits] to be displaced in becoming reestablished. This assistance shall include determination of space requirements, financial capacity, location preferences, traffic patterns, proximity to suppliers and market requirements of the business, and assessing the adequacy of proposed replacement locations.' Assistance may also include 'referrals to public agencies and lending institutions offering business development services or programs.' The city must also 'supply businesses with current information on available and suitable replacement locations until such time as either the business has identified a suitable replacement location or the agency has identified at least two suitable replacement locations for consideration by the business.' A suitable replacement location is defined as meeting 'the reasonable needs of the business, as determined by the relocation advisory or displacing agency.
"These regulatory requirements also include the retention of a relocation consultant, which the city has done. In addition, the Urban League has retained its own relocation consultant, which is common in these situations.
"In addition to the relocation assistance requirements outlined above, it must be kept in mind that the city is required by regulations to: 'ensure fair, equitable, and consistent treatment of displaced persons and businesses; minimize the adverse impact of displacement on residents and businesses in order to help maintain the economic and social well-being of communities; prevent the closure of businesses, to the maximum extent feasible.'
"In applying the requirements of these regulations found in 760 CMR 27.00, the city is required 'to make every reasonable effort to understand the needs of displaced persons and businesses, and recognize the existence of special circumstances of displaced persons.'
"The Law Department will continue to provide legal advice in a manner to assure that a full service library is restored to the building in a reasonable time frame taking into consideration the rights of the Urban League and the obligations of the city pursuant to relocation provisions."