July 30, 2010
Library Director’s Report: From Molly Fogarty: The Law Department does not have an update for this week. In response to Liz Stevens request to remove or cover the Urban League sign by next Sunday, we unfortunately cannot legally do that.
[As to the issue of signage, this is also a relocation issue. As with any other occupant, the City would not have a right to remove their business sign without consent or risk a claim of unlawful interference with their business. –per Ed Pikula, City Solicitor]
We have ordered a new sign for the Mason Square Branch, based on the other Branch sign specifications, which will be placed on the building once the Urban League has vacated. We have located a model of the obelisk sign that you may have seen at several of our branches and will have that sign modified and available for the 8th, to make the Library more visible. However, since it is a model, it is not constructed for outside use.
Unfortunately we will not be able to open the building on August 8th, as we had hoped to do. Nike is essentially shutting down the neighborhood and bringing in a great event, but no business or organization can open in the area or have an informational table etc. Jean Canosa learned this late last Friday.
I plan to be there, as well as some other staff, to participate in this wonderful event.
Please contact me if you have any questions.
Friday, July 30, 2010
Tuesday, July 27, 2010
MSL Weekly Update & Answers
July 23, 2010
Library Director’s Report, from Molly Fogarty: I am forwarding the weekly update from the Law Dept, which includes answers to Liz Stevens questions. (see below)
We will be ordering the shelving and furniture early next week, with an expected delivery date of early November. Steve Jablonski (architect) will prepare a current rendering of the new layout and a color board, which will be available in the current Mason Square Library in time for the August 8th event. We have made special arrangements to have the library open that day as well.
[Sunday, Aug. 8: Unveiling and dedication of the Basketball “First Game” Monument in front of the Mason Square Library building, and related activities opening 2010 Basketball Hall of Fame Enshrinement Week.]
Some Answers From Edward Pikula, Springfield City Solicitor To These Questions from Liz Stevens: Regarding the obligation to compensate for relocation - please clarify how many moves can be included, since they are talking about two moves.
When is the UL expected to begin paying use and occupancy fees?
What if the negotiations lasts until they have moved?
How does the payment of the use and occupancy get handled?
Does part of the cost of the moving van become their responsibility?
Do they write a check to the city? Do they write a check to the library foundation which will pay for the move?
I also want to address the issue of SIGNAGE. We should take the SUL sign off the building and put up the library sign. And it should be done before August 8th! On August 8th a big event will be taking place in front of the library building with the dedication of a memorial to the beginning of basketball. Huge day long event with basketball games on State St. on a temporary basketball court set up by NIKE, lots of food, unveiling of statuary, etc. The building will be in the background of a lot of pictures!!!!!!!! Please get the signage changed.
Dear Ed Pikula, I thank you for your patience and service to the city and the community. I also thank you, in advance, for answering my questions. Liz Stevens
Response from Attorney Pikula:
The UL is expected to begin paying use and occupancy fees retro to June 1.
If the negotiations lasts until they have moved, we will continue to pursue the matter thereafter.
Payment of the use and occupancy will be deposited in the City's general fund pursuant to Mass. General Laws.
The City will be responsible for reasonable relocation costs under the statutes and the regulations, including moving vans.
As to the issue of signage, this is also a relocation issue. As with any other occupant, the City would not have a right to remove their business sign without consent or risk a claim of unlawful interference with their business.
Library Director’s Report, from Molly Fogarty: I am forwarding the weekly update from the Law Dept, which includes answers to Liz Stevens questions. (see below)
We will be ordering the shelving and furniture early next week, with an expected delivery date of early November. Steve Jablonski (architect) will prepare a current rendering of the new layout and a color board, which will be available in the current Mason Square Library in time for the August 8th event. We have made special arrangements to have the library open that day as well.
[Sunday, Aug. 8: Unveiling and dedication of the Basketball “First Game” Monument in front of the Mason Square Library building, and related activities opening 2010 Basketball Hall of Fame Enshrinement Week.]
Some Answers From Edward Pikula, Springfield City Solicitor To These Questions from Liz Stevens: Regarding the obligation to compensate for relocation - please clarify how many moves can be included, since they are talking about two moves.
When is the UL expected to begin paying use and occupancy fees?
What if the negotiations lasts until they have moved?
How does the payment of the use and occupancy get handled?
Does part of the cost of the moving van become their responsibility?
Do they write a check to the city? Do they write a check to the library foundation which will pay for the move?
I also want to address the issue of SIGNAGE. We should take the SUL sign off the building and put up the library sign. And it should be done before August 8th! On August 8th a big event will be taking place in front of the library building with the dedication of a memorial to the beginning of basketball. Huge day long event with basketball games on State St. on a temporary basketball court set up by NIKE, lots of food, unveiling of statuary, etc. The building will be in the background of a lot of pictures!!!!!!!! Please get the signage changed.
Dear Ed Pikula, I thank you for your patience and service to the city and the community. I also thank you, in advance, for answering my questions. Liz Stevens
Response from Attorney Pikula:
The UL is expected to begin paying use and occupancy fees retro to June 1.
If the negotiations lasts until they have moved, we will continue to pursue the matter thereafter.
Payment of the use and occupancy will be deposited in the City's general fund pursuant to Mass. General Laws.
The City will be responsible for reasonable relocation costs under the statutes and the regulations, including moving vans.
As to the issue of signage, this is also a relocation issue. As with any other occupant, the City would not have a right to remove their business sign without consent or risk a claim of unlawful interference with their business.
MSL 2-week update (July 9 & 15)
July 09, 2010
Law Dept. Report, from Robert Warren: The Urban League has informed the City that it will vacate no later than September 30, 2010, and perhaps earlier, to space in the Springfield Technical Community College Park. The Urban League has not identified a permanent location though it is exploring the possibility of space in the Indian Motocycle Building A. The Urban League and the City are still negotiating the use and occupancy payment. The City has also requested further information from the Urban League to determine that any proposed temporary move complies with the regulations. Answers to last week’s questions:
1) The "couple weeks" suggested by the UL as the time when they would announce where they were moving was over about two weeks ago. Is there a new date? (Answer) See above.
2) Has an amount been agreed to for monthly payments for use and occupancy? If so how much is it? If not, what steps will the city be taking to establish and collect it? (Answer) See above.
3) What additional steps will the city be taking to relocate the UL in time for refitting 765 State Street as a library in time for a November 1 reopening date? (Answer) The Law Department has been informed by the Library Director and Patrick Sullivan that the vacate date, of September 30, 2010, does not interfere with the proposed Library renovations.
July 15, 2010
Law Dept. Report, From Robert Warren: The Law Department is awaiting receipt of further information from the Urban League with regard to its "temporary and/or permanent" move plans as well as the use and occupancy payment. Please see below the responses to further questions:
1) The UL move-out date of September 30 leaves only one month until the projected November 1 re-opening of the branch library. Lee, can you describe how the library department will manage to work around UL operations and still complete repairs outlined by Scott Pierce in his December 2, 1009 report to the library commission ("...needed repairs and or improvements to the windows and doors, lighting, boilers, roof, garage and fencing, with total estimated Capital Expenses of approximately $163, 740.00.") and whatever other work will be needed to refit 765 State Street as a branch library? (Answer) As reported last week, Pat Sullivan and Lee Forgarty did not see a problem with completing the renovations and/or repairs. The Law Dept however, believes that a description of how this would be accomplished and any issues that the Urban League's occupancy raises should be answered by Pat Sullivan.
2) When does the city expect that negotiations over the use and occupancy payment will conclude? Will the amount of the use and occupancy payment and whether or not UL is making its payments be made public? (Answer) The City is hopeful that its negotiations can be completed within the next couple of weeks. The amount of the use and occupancy payment and the payment history will be made public.
3) Specifically what information is being sought from the UL relative to its temporary move complying with the regulations? (Answer) How long the UL expects to be in its temporary facility and generally reasons why such a move would not be suitable as a permanent location. It would also be helpful for the UL to be definitive about a permanent location and describe the timing that would be involved.
Law Dept. Report, from Robert Warren: The Urban League has informed the City that it will vacate no later than September 30, 2010, and perhaps earlier, to space in the Springfield Technical Community College Park. The Urban League has not identified a permanent location though it is exploring the possibility of space in the Indian Motocycle Building A. The Urban League and the City are still negotiating the use and occupancy payment. The City has also requested further information from the Urban League to determine that any proposed temporary move complies with the regulations. Answers to last week’s questions:
1) The "couple weeks" suggested by the UL as the time when they would announce where they were moving was over about two weeks ago. Is there a new date? (Answer) See above.
2) Has an amount been agreed to for monthly payments for use and occupancy? If so how much is it? If not, what steps will the city be taking to establish and collect it? (Answer) See above.
3) What additional steps will the city be taking to relocate the UL in time for refitting 765 State Street as a library in time for a November 1 reopening date? (Answer) The Law Department has been informed by the Library Director and Patrick Sullivan that the vacate date, of September 30, 2010, does not interfere with the proposed Library renovations.
July 15, 2010
Law Dept. Report, From Robert Warren: The Law Department is awaiting receipt of further information from the Urban League with regard to its "temporary and/or permanent" move plans as well as the use and occupancy payment. Please see below the responses to further questions:
1) The UL move-out date of September 30 leaves only one month until the projected November 1 re-opening of the branch library. Lee, can you describe how the library department will manage to work around UL operations and still complete repairs outlined by Scott Pierce in his December 2, 1009 report to the library commission ("...needed repairs and or improvements to the windows and doors, lighting, boilers, roof, garage and fencing, with total estimated Capital Expenses of approximately $163, 740.00.") and whatever other work will be needed to refit 765 State Street as a branch library? (Answer) As reported last week, Pat Sullivan and Lee Forgarty did not see a problem with completing the renovations and/or repairs. The Law Dept however, believes that a description of how this would be accomplished and any issues that the Urban League's occupancy raises should be answered by Pat Sullivan.
2) When does the city expect that negotiations over the use and occupancy payment will conclude? Will the amount of the use and occupancy payment and whether or not UL is making its payments be made public? (Answer) The City is hopeful that its negotiations can be completed within the next couple of weeks. The amount of the use and occupancy payment and the payment history will be made public.
3) Specifically what information is being sought from the UL relative to its temporary move complying with the regulations? (Answer) How long the UL expects to be in its temporary facility and generally reasons why such a move would not be suitable as a permanent location. It would also be helpful for the UL to be definitive about a permanent location and describe the timing that would be involved.
Saturday, July 3, 2010
MSL 2-Weeks' Update
June 25, 2010
Library Director's Report : Roof repair cost estimates and planning with facilities are on target and [the Library Dept. does not] anticipate any extensive interior renovations.
From: Robert Warren, Springfield Law Dept.: As requested by Lee Fogarty (Library Director), I am providing this short update to you, relative to 765 State Street. Inasmuch as the City's relocation consultant is on vacation, for the week beginning June 21st, the Law Department does not have anything new to report.
Question from former Library Commissioner: In terms of the law department update, it appears that the [Urban League] has been able (or has not chosen) to follow through on announcing a decision on a new site by (approximately) today [June 25, 2010]. I'm wondering whether the city or the relocation consultant has asked the [Urban League] for a new and potentially more definite date by which they will have decided. Not to mention a date by which they will have vacated the site.
Answer from the City Law Dept: The Law Department believes that both dates are important. The Law Department will be in contact with the relocation consultant at the beginning of next week to request that he inquire about both dates.
July 2, 2010
The Law Department does not have any new information this week.
From Molly Fogarty, Director, Springfield City Library: The Mason Square garden looks great, we have new mulch, it has been weeded, new plantings and new benches. We will be meeting with [architect] Steve Jablonski next week to finalize furniture and shelving orders. Please contact me if you have any questions and have a great holiday weekend!!
Additional questions from former Library Commissioner:
1) The "couple weeks" suggested by the [Urban League] as the time when they would announce where they were moving was over about two weeks ago. Is there a new date?
2) Has an amount been agreed to for monthly payments for use and occupancy? If so how much is it? If not, what steps will the city be taking to establish and collect it?
3) What additional steps will the city be taking to relocate the [Urban League] in time for refitting 765 State Street as a library in time for a November 1, 2010 reopening date?
Library Director's Report : Roof repair cost estimates and planning with facilities are on target and [the Library Dept. does not] anticipate any extensive interior renovations.
From: Robert Warren, Springfield Law Dept.: As requested by Lee Fogarty (Library Director), I am providing this short update to you, relative to 765 State Street. Inasmuch as the City's relocation consultant is on vacation, for the week beginning June 21st, the Law Department does not have anything new to report.
Question from former Library Commissioner: In terms of the law department update, it appears that the [Urban League] has been able (or has not chosen) to follow through on announcing a decision on a new site by (approximately) today [June 25, 2010]. I'm wondering whether the city or the relocation consultant has asked the [Urban League] for a new and potentially more definite date by which they will have decided. Not to mention a date by which they will have vacated the site.
Answer from the City Law Dept: The Law Department believes that both dates are important. The Law Department will be in contact with the relocation consultant at the beginning of next week to request that he inquire about both dates.
July 2, 2010
The Law Department does not have any new information this week.
From Molly Fogarty, Director, Springfield City Library: The Mason Square garden looks great, we have new mulch, it has been weeded, new plantings and new benches. We will be meeting with [architect] Steve Jablonski next week to finalize furniture and shelving orders. Please contact me if you have any questions and have a great holiday weekend!!
Additional questions from former Library Commissioner:
1) The "couple weeks" suggested by the [Urban League] as the time when they would announce where they were moving was over about two weeks ago. Is there a new date?
2) Has an amount been agreed to for monthly payments for use and occupancy? If so how much is it? If not, what steps will the city be taking to establish and collect it?
3) What additional steps will the city be taking to relocate the [Urban League] in time for refitting 765 State Street as a library in time for a November 1, 2010 reopening date?
Friday, June 18, 2010
MSL Weekly Update
From Lee Fogarty, Springfield Library Department: The Library is on schedule for planning for the reopening of Mason Square. We met yesterday with Steve Jablonski and have selected furniture and shelving for the Library. We will be finalizing details at our July 8th meeting, in preparation for submitting the order.
We did look at the garden area and are happy to see the benches have arrived.
City facilities will coordinate the following activities:
• Removal of the birch tree.
• Removal of the bird bath.
• Draft of a "master plan" for the garden, which would include a patio, performance area , plants that provide a learning experience and lend themselves to activities .
Since Northeast grounds only mows every two weeks, we are asking our maintenance staff to mow in between. Also, Scott had mentioned that we could get a delivery of mulch, so they will also mulch, weed and plant a few annuals. All of this should be completed by the first week of July.
It is important that the garden is presentable, attractive and usable for the summer reading club activities. When we have the Master Plan available for the public , they can look forward to the type of reading garden that the community deserves.
See below for the Law dept. update.
From Robert Warren, Springfield Law Department: The City responded this week, to the Urban League's request for a reduction in the amount of the established use and occupancy fee, indicating that acceptance of any reduction was subject to certain conditions, that allows both the City and the Urban League to move ahead with their respective plans. As of this update the City has not received a response. Also as of this date the Urban League has not informed the City or its relocation consultant, as to whether or not they have completed their negotiations and finalized their move plans.
We did look at the garden area and are happy to see the benches have arrived.
City facilities will coordinate the following activities:
• Removal of the birch tree.
• Removal of the bird bath.
• Draft of a "master plan" for the garden, which would include a patio, performance area , plants that provide a learning experience and lend themselves to activities .
Since Northeast grounds only mows every two weeks, we are asking our maintenance staff to mow in between. Also, Scott had mentioned that we could get a delivery of mulch, so they will also mulch, weed and plant a few annuals. All of this should be completed by the first week of July.
It is important that the garden is presentable, attractive and usable for the summer reading club activities. When we have the Master Plan available for the public , they can look forward to the type of reading garden that the community deserves.
See below for the Law dept. update.
From Robert Warren, Springfield Law Department: The City responded this week, to the Urban League's request for a reduction in the amount of the established use and occupancy fee, indicating that acceptance of any reduction was subject to certain conditions, that allows both the City and the Urban League to move ahead with their respective plans. As of this update the City has not received a response. Also as of this date the Urban League has not informed the City or its relocation consultant, as to whether or not they have completed their negotiations and finalized their move plans.
MSL Answers to June 4th Questions
June 11, 2010, Answers to questions raised by June 4th update:
From Robert Warren, Springfield Law Department: The Urban League has informed the Mr. Mollica that it is still in negotiation with owners of potential sites. One of the sites is for lease and the other is available for purchase. A couple of the other sites that they were interested in fell through. The Urban League is hopeful that by the end of next week they will be able to make a decision.
1) If the Urban League moves to a temporary site and then to a permanent site, will the Springfield Library Foundation have to pay for TWO relocations? (Surely they are only entitled to one move at the expense of the SLF.)
Answer - The relocation regulations permit a temporary and permanent move.
2) What specifically are the "services that are being provided to the City/Library" by the Urban League?
Answer - General staff support for library patrons, reception, direction of people and computer assistance; liability insurance inclusive of library patrons; security for library services on the urban league side of the building; general maintenance (restrooms, vacuuming and cleaning); daily maintenance including grounds (litter, leaves, mowing, flower bed maintenance, windows, lighting, parking lot, trash collection and placement in dumpster, monitoring of operation systems; provision to keep the urban league side of the building open for two extra hours and provision for maintenance and security of computers owned by the urban league but provided for use to library patrons; monthly fee for security monitoring and response to police alarms for the building. Also noted was the space, utilities and maintenance for the last six years provided to the City, without charge.
3) How long will the city wait to receive the Urban League’s "notification of plans, etc." and a "formal request to remain" in 765 State Street before taking further action?
Answer - Presently indeterminable.
4) Since "a couple" generally means "two," we should know by next week's update where the Urban League will be moving, right?
Answer - In a perfect world yes.
From Robert Warren, Springfield Law Department: The Urban League has informed the Mr. Mollica that it is still in negotiation with owners of potential sites. One of the sites is for lease and the other is available for purchase. A couple of the other sites that they were interested in fell through. The Urban League is hopeful that by the end of next week they will be able to make a decision.
1) If the Urban League moves to a temporary site and then to a permanent site, will the Springfield Library Foundation have to pay for TWO relocations? (Surely they are only entitled to one move at the expense of the SLF.)
Answer - The relocation regulations permit a temporary and permanent move.
2) What specifically are the "services that are being provided to the City/Library" by the Urban League?
Answer - General staff support for library patrons, reception, direction of people and computer assistance; liability insurance inclusive of library patrons; security for library services on the urban league side of the building; general maintenance (restrooms, vacuuming and cleaning); daily maintenance including grounds (litter, leaves, mowing, flower bed maintenance, windows, lighting, parking lot, trash collection and placement in dumpster, monitoring of operation systems; provision to keep the urban league side of the building open for two extra hours and provision for maintenance and security of computers owned by the urban league but provided for use to library patrons; monthly fee for security monitoring and response to police alarms for the building. Also noted was the space, utilities and maintenance for the last six years provided to the City, without charge.
3) How long will the city wait to receive the Urban League’s "notification of plans, etc." and a "formal request to remain" in 765 State Street before taking further action?
Answer - Presently indeterminable.
4) Since "a couple" generally means "two," we should know by next week's update where the Urban League will be moving, right?
Answer - In a perfect world yes.
Monday, June 7, 2010
MSL Update and a few questions
From Lee Fogarty, Springfield Library Department: We will be meeting with (Architect) Steve Jablonski in two weeks, to review preliminary furniture schemes and fabric samples, as well as a drawing of our interpretation of Annie Curran's House (the children’s reading room). We are also working with Kristin Brennan from "Gardening the Community" to plan a community flower garden for this summer. Neighborhood children will plant, maintain and sell the flowers at the local Farmer's Market.
Please contact me with any questions.
From Robert Warren, Springfield Law Department: The City is reviewing a request from the Urban League to reduce the use and occupancy fee established by the City, based on certain services that are being provided to the City/Library. As reported last week, the Urban League had informed our relocation consultant that the announcement of a replacement site was a couple of weeks away, pending conclusion of negotiations. The City is still waiting to receive the Urban League's notification of its plans for a temporary and/or permanent relocation site and its formal request to remain in occupancy at 756 State beyond its June 1st vacate date, pending finalization of its move and relocation claim.
Questions from former Library Commissioner McElwaine on this Update:
1) If the UL moves to a temporary site and then to a permanent site, will the Springfield Library Foundation have to pay for TWO relocations? (Surely they are only entitled to one move at the expense of the SLF.) [Springfield Library FOUNDATION is separate from the Library Department; the Foundation was established to manage money donated to the Library – particularly the Anne Curran Fund, which can be used only for the Mason Square branch library. – Note added by Kat Wright.]
2) What specifically are the "services that are being provided to the City/Library" by the UL?
3) How long will the city wait to receive the UL's "notification of plans, etc." and a "formal request to remain" in 765 State Street before taking further action?
4) Since "a couple" generally means "two," we should know by next week's update where the UL will be moving, right?
Please contact me with any questions.
From Robert Warren, Springfield Law Department: The City is reviewing a request from the Urban League to reduce the use and occupancy fee established by the City, based on certain services that are being provided to the City/Library. As reported last week, the Urban League had informed our relocation consultant that the announcement of a replacement site was a couple of weeks away, pending conclusion of negotiations. The City is still waiting to receive the Urban League's notification of its plans for a temporary and/or permanent relocation site and its formal request to remain in occupancy at 756 State beyond its June 1st vacate date, pending finalization of its move and relocation claim.
Questions from former Library Commissioner McElwaine on this Update:
1) If the UL moves to a temporary site and then to a permanent site, will the Springfield Library Foundation have to pay for TWO relocations? (Surely they are only entitled to one move at the expense of the SLF.) [Springfield Library FOUNDATION is separate from the Library Department; the Foundation was established to manage money donated to the Library – particularly the Anne Curran Fund, which can be used only for the Mason Square branch library. – Note added by Kat Wright.]
2) What specifically are the "services that are being provided to the City/Library" by the UL?
3) How long will the city wait to receive the UL's "notification of plans, etc." and a "formal request to remain" in 765 State Street before taking further action?
4) Since "a couple" generally means "two," we should know by next week's update where the UL will be moving, right?
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