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TR-2016-54 CPA FUNDS FOR APPRAISALS OP A 00 TR-201 6-54 A RESOLUTION APPROPRIATING FROM THE COMMUNITY PRESERVATION FUND AND AUTHORIZING THE EXPENDITURE OF COMMUNITY PRESERVATION FUNDS TO FUND THE APPRAISALS OF PROPERTIES ABUTTING TOWN OWNED LAND Whereas,voters of Agawam chose to form a Community Preservation Committee (CPA); and Whereas,pursuant to Massachusetts General Law Chapter 44B, Section 5(2)allows the CPA Committee to make recommendations to the legislative body; and Whereas,pursuant to Massachusetts General Law Chapter 44B, Section 5(3)(d)states that the legislative body shall then take such action and approve such appropriations for the CPA Committee; and Whereas,the Community Preservation Act Committee has recognized that the property located at Loth 358 Corey Street and 439 School Street to be a central parcels of property for the purposes of open and recreational space for all who live and visit the City of Agawam; and Whereas,the City of Agawam has recognized that the parcels of property both have unique qualities abutting a Town owned park; and Whereas,acquisitions of real property interests under CPA are exempt from MGL c.30B,but an appraisal must be done prior to acquiring any real property interest Whereas,the expenditure will assist the Community Preservation Act committee in making an informed decision about any future acquisition Whereas,since a municipality cannot appropriate more than the appraised value to acquire real property interest, an appraisal is needed;and Whereas,The Community Preservation Committee has recommended appropriation and expenditure in the amount up to five thousand dollars ($5,000.00) from the Open Space fund; and Whereas,the preservation and acquisition of Open Space is a priority in the Town's Open Space and Recreation Plan and also in the CPA Plan; and Whereas,it is the best interest of the public and the City of Agawam to appropriate from the community preservation fund and authorize the expenditure of community preservation funds to obtain appraisals and provide the City with the necessary information needed to acquire a property; NOW THEREFORE,THE AGAWAM CITY COUNCIL hereby further resolves, appropriates and authorizes the expenditure of Community Preservation Funds in the amount of five thousand dollars($5,000.00) from the Open Space fund balance for the funding of two appraisals in accordance with M.G.L. Ch. 44b, Sec. 2. THE AGAWAM CITY COUNCIL hereby further resolves that the Mayor is authorized to expend said funds,as permitted by law, and to do all things necessary for the purposes so stated. Dated this day of 2016. 1� 1 - PER ORDER OF THE AGAWAM CITY COUNCIL cc - Lczwi ff- CPA e James c etti, sident � � "Zf� p k at C' APPROVED AS TO FORM AND LEGALITY Patrick Toney, City Solicitor APPROVED AS TO APPROPRIATION '1 Cheryl St.Jad Auditor MAYORAL ACTION Received this ` _ _ day of f�/}1,�CJ�,I , 2016 from Council Clerk. Signed by Council president this T �q ! _ day of 2016. APPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agavyam,garter,as ended, I h y approve the passage of the above legislation on this _ day of 2016. Richard A. Cohen, Mayor DISAPPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter,as amended, I hereby veto the passage of the above legislation on this day of ,2016 for the following reason(s): Richard A. Cohen,Mayor RETURN OF LEGISLATION TO COUNCIL C,LELLR,K Returned to Council Clerk this day of\.` t! r,,- 2016. J r� A TOWN OF AGAWAM s. 36 MAIN STREET AGAWAM, MA 01001 Community Preservation Committee J w Interoffice Memo Date: September 2,2016 To: City Council Cc: Barbara Bard From: Jennifer Bonfiglio RE: CPA Application The Community Preservation Act Committee has requested the appraisal of two properties which abut the School Street Park; 358 Corey Street and 439 School Street. When using CPA funds, a municipality cannot appropriate more than the appraised value to acquire real property interest, therefore the CPA committee has unanimously voted to obtain appraisals of both properties. This expenditure will allow the committee and the municipality to make an informed decision about any future offer to purchase. The CPA committee has recommended a maximum of$5,000 from the Open Space fund. Please let me know if you have any questions or need any additional information Thanks You,Jennifer TR-20I6-54 A RESOLUTION APPROPRIATING FROM THE COMMUNITY PRESERVATION FUND AND AUTHORIZING THE EXPENDITURE OF COMMUNITY PRESERVATION FUNDS TO FUND THE APPRAISALS OF PROPERTIES ABUTTING TOWN OWNED LAND Whereas, voters of Agawam chose to form a Community Preservation Committee (CPA); and Whereas, pursuant to Massachusetts General Law Chapter 4413, Section 5(2) allows the CPA Committee to make recommendations to the legislative body; and Whereas, pursuant to Massachusetts General Law Chapter 4413, Section 5(3)(d) states that the legislative body shall then take such action and approve such appropriations for the CPA Committee; and Whereas, the Community Preservation Act Committee has recognized that the property located at both 358 Corey Street and 439 School Street to be a central parcels of property for the purposes of open and recreational space for all who live and visit the City of Agawam; and Whereas, the City of Agawam has recognized that the parcels of property both have unique qualities abutting a Town owned park; and Whereas, acquisitions of real property interests under CPA are exempt from MGL c.3013, but an appraisal must be done prior to acquiring any real property interest Whereas, the expenditure will assist the Community Preservation Act committee in making an informed decision about any future acquisition Whereas, since a municipality cannot appropriate more than the appraised value to acquire real property interest, an appraisal is needed; and Whereas, The Community Preservation Committee has recommended appropriation and expenditure in the amount up to five thousand dollars ($5,000.00) from the Open Space fund; and Whereas, the preservation and acquisition of Open Space is a priority in the Town's Open Space and Recreation Plan and also in the CPA Plan; and Whereas, it is the best interest of the public and the City of Agawam to appropriate from the community preservation fund and authorize the expenditure of community preservation funds to obtain appraisals and provide the City with the necessary information needed to acquire a property; NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby further resolves, appropriates and authorizes the expenditure of Community Preservation Funds in the amount of five thousand dollars ($5,000.00) from the Open Space fund balance for the funding of two appraisals in accordance with M.G.L. Ch. 44b, Sec. 2. THE AGAWAM CITY COUNCIL hereby further resolves that the Mayor is authorized to expend said funds, as permitted by law, and to do all things necessary for the purposes so stated. Dated this day of , 20i6. PER ORDER OF THE AGAWAM CITY COUNCIL James Cichetti, President APPROVED AS TO FORM AND LEGALITY Patrick Toney, City Solicitor APPROVED AS TO APPROPRIATION Cj fDt� Cheryl St. Jo Auditor