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First came the demand letter from the Roudenbush organization. Then came a response from selectmen. Topping off everything was an unexpected memo from Superintendent Everett V. Olsen.
The complications of renovating the 1897 historic Roudenbush building are deepening as the construction start date of Sept. 1 draws near and the non-profit organization known as Roudenbush, Inc., faces dislocation from its 65 Main St. location, a drop in income, and moving expenses.
The uncertainties led Roudenbush Executive Director Pattie Pichette to hire attorney Edward V. Colbert III of Boston-based Casner and Edwards to send a demand letter dated May 25 to Assistant Town Manager Eric Heideman.
Town Counsel Gregg J. Corbo then issued a three-page response letter dated June 23.
On July 5, Olsen sent a memo to Town Manager Jodi Ross expressing interest in relocating the school administrative offices to the Roudenbush building and the Frost School, located at 73 Main St. Both buildings are under the management of the Roudenbush organization.
The building is also being eyed by Recreation Department supporters. In a memo dated March 20 to Town Manager Jodi Ross, members of the Parks and Recreation Commission said, “…there is a possible interest in the 65 Main St. building for recreation use. The Commission further strongly believes the property once renovated should be used by Town Departments even if the recreation department does not use it.”
The developments underscore the growing complications of a town that is bursting at the seams in need of more educational, recreational, and meeting space. Olsen expressed interest in moving his offices to the two Roudenbush buildings which would provide what he termed, “critically important professional development training for our instructional staff.” Olsen said the Millennium Building, where school administrators have their offices, could be “re-purposed” as an Innovation School “which would provide students, on an opt-in basis, with a different, less conventional instructional model.”
Westford is a community in growth mode. Three proposed affordable housing developments, if approved, would add about 500 residences along the Route 110 business corridor.
According to the town’s December 2016 Housing Production Plan: “Between 2010 and 2015, 449 residential building permits were issued for 682 residential units.” Town officials surmise the population has surpassed 23,000.
The bulging seams are most evident at controversial public hearings when Town Hall’s meeting room has residents spilling into the hallway, and Stony Brook School’s auditorium of approximately 400 seats cannot accommodate a highly charged debate. Even Westford Academy’s Performing Arts Center of 800 seats has come close to being maxed in recent months.
With so much growth and a push by educators to teach innovation, it’s no wonder the 17,131 square foot Roudenbush building is coveted by so many. The Roudenbush organization is in the unenviable position of occupying a town-owned building without being a town organization. Roudenbush is an independent non-profit operation. Pichette’s ability to rally troops, as evidenced by an overflowing crowd at the July 11 selectmens’ meeting, comes from the organization’s committed board members and a large community of dedicated patrons.
Ellen Harde, co-founder of the Roudenbush organization in 1976, reviewed the process leading up to the planned $7 million renovation of the building.
“It was news to me, and I think it was news to Roudenbush and I think it was news to everyone, when we found at the beginning of 2017 that (the renovation)…could not be done in phases…and the community center would have to leave for a year-and-a-half. That was never anticipated by anybody,” she said. “We have created an unintended consequence here.”
That unintended consequence led to Colbert’s letter in which he wrote, “the town’s directive to vacate the premises should result in the town paying for all compensatory damages arising from this directive.” Through its attorney, Roudenbush, Inc., is seeking a total of $544,000: additional rent of $299,000; net program revenue loss of $155,000; and moving expenses of $90,000.
Colbert said that without the compensation, Roudenbush, Inc., would be forced to cease operations and make the town liable for a breach of quiet enjoyment under its current lease. He indicates that requiring the organization to vacate the premises for 18 months without compensation would be a violation of the lease. Colbert’s letter accuses town officials of operating in “an unfair and deceptive,” manner and “seeking to drive the Community Center into insolvency.”
“…not knowing whether they’re going to be there in 2020 makes the analysis quite simple. It’s either they’ll discontinue providing the services to the town, permanently, or we pursue our legal claims,” said Colbert at the recent selectmen’s meeting.
Renovations are expected to be completed in December 2018, according to Bill Kenison, the town’s facilities technician and engineering inspector. That would leave the Roudenbush organization with just 18 months on its existing lease extension. Pichette said it would not pay for the staff members to move back into the iconic building for such a short duration.
In March she learned that the organization cannot extend its existing lease with the town. The most recent lease between Roudenbush and Westford began on July 1, 2010, and ended June 30, 2015. The contract permitted a one-time extension of five years. The Roudenbush organization is currently in the midst of that extension. The term ends June 30, 2020, and cannot be extended.
When the town issued a request for proposals this spring, Roudenbush was the sole applicant. Acknowledging this, Corbo struck a conciliatory tone in his letter, saying “…there may be an opportunity to negotiate an award of a new lease to Roudenbush.” But, added Corbo, “The issuance of the new RFP, however, was based on the town’s assumption that Roudenbush would accept the town’s reasonable offer to forego the payment of rent during the term of the project.” Corbo went on to say that the financial demands constitutes a change in circumstances that would force town officials to reevaluate the situation.
Corbo accused Roudenbush of making “unreasonable financial demands, for which you have provided no supporting documentation or detail.”
“What a surprise, actually, to get a letter from counsel saying we were uncooperative,” said Selectman Scott Hazelton, who presided over the exchange in the absence of Selectman Chairman Andrea Peraner-Sweet. Selectman Tom Clay was also absent.
Regarding Olsen’s request, Hazelton said the School Committee’s involvement would be needed and the group won’t meet until next month.
“We won’t make a decision on that tonight,” he said.
Update: Edward V. Colbert III’s quote was corrected on July 14.
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