Friday, July 11, 2014

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The Westfield News Serving Westfield, Southwick, and the surrounding Hilltowns

www.thewestfieldnews.com

“Don’t waste your

time striving for perfection, instead, strive for excellence — doing your best.” — Laurence Olivier

FRIDAY, JULY 11, 2014

VOL. 83 NO.160

75 cents

WRA consolidating project land

Members of the Westfield City Council voted 9-2 to dissolve the Westfield Business Improvement District with Councilor James Adams abstaining and Councilor Dave Flaherty absent from Monday night’s meeting. A standingroom only crowd filled the second floor chamber room. (File photo by Frederick Gore)

Next steps sought after BID vote By Dan Moriarty Staff Writer WESTFIELD – City business, cultural and municipal officials are now trying to determine how to fill the gap created when the City Council voted earlier this week to dissolve the Westfield Business Improvement District. The BID Board of Directors met Wednesday afternoon to begin the process of dismantling the BID organization, a complicated procedure because of a myriad of legal and financial PETER J. issues which need to MILLER be addressed under state law. Massachusetts General Law, Chapter 40-O defines how BIDs are established, operated and, if approved by the local legislative body, which in Westfield is the City Council, dissolved. Chapter 40-O states that: “In order to be considered by the local municipal governing body, a petition to dissolve a BID shall contain the signatures of the owners of at least fifty-one percent of the assessed valuation within the district or at least fifty-one percent of the real property owners within the district.” Following the public hearing, the local municipal governing body may declare the BID dissolved; provided, however, that no BID shall be dissolved until it has satisfied or paid in full all of its outstanding indebtedness, obligations, and liabilities; or until funds are on deposit and available therefore; or until a repayment schedule has been formulated and municipally approved therefore. In addition, the BID shall be prohibited from incurring any new or increased financial obligations.

Any liabilities, either current or future, incurred as a result of action to accomplish the purposes of the BID improvement plan shall not be an obligation of the municipality, but said liabilities shall be paid for entirely from revenue gained from the project or facilities authorized, or from the fees on the properties in the BID. Upon the dissolution of a BID, any remaining revenues derived from the sale of assets acquired with fees collected shall be refunded to the property owners in the BID in which fees were charged by applying the same formula used to calculate the fee in the fiscal year in which the BID is dissolved.” The Westfield BID has a number of contractual obligations because of the summer concert series on the Park Square Green, as well as legal issues pertaining to liens placed on the property owners who are in arrears. Community Development Director Peter J. Miller Jr. said that discussion Wednesday focused on “winding down” the organization. “We’re in dissolution mode,” Miller

said. “The July concert is all systems go, but the August concert is in flux and a decision has yet to be made. The Green Team will be given a 30 day notice (of termination) which should take them into August. “We did begin discussion of what form a successor organization will take,” Miller said. “There is still a need for a private, non-profit organization that will be much more voluntary in nature.” BID Board of Directors Chairman Kevin O’Connor said that he anticipates a smooth transition. “We’re pretty clean (financially),” O’Connor said. “We’ve been cautious the last couple of months about not assuming any large obligations. We want to transition in a positive way.” O’Connor said that the BID does has a financial obligation to the July concert, but that the Music Fest Committee will have to determine if the August concert is feasible without BID’s involvement. O’Connor said that the BID will also continue to See BID, Page 8

Julie Cummings, co-owner of the Flying Colors Farm in Florence, displays some of the fresh produce at the Westfield Farmers Market last year. (Photo by Frederick Gore)

By Dan Moriarty Staff Writer WESTFIELD – The City Council approved the first reading of a request to transfer city-owned property over to the Westfield Redevelopment Authority to consolidate land for the Elm Street redevelopment project. City Advancement Officer Joe Mitchell said the consolidation is authorized under the Elm Street Urban Renewal Plan that the City Council approved in June of 2013. “This motion is to transfer six parcels of city property to the WRA,” Mitchell. “Some of it is parking, some was obtained through tax titles.” Mitchell said the land parcels are being consolidated “so the WRA can put it out for private JOE MITCHELL development of this property” in conjunction with development of a bus facility by the Pioneer Valley Transit Authority and a parking garage to be constructed by the WRA. Mitchell said the PVTA is ahead of the city in its area of responsibility and recently put out bids for the demolition of the Flahive Building on Arnold Street and for relocation of the residential and commercial tenants in the building. Mitchell said the transfer request is being made because the WRA, as a redevelopment authority, has broader options under state law than the city. “The city can only take land for public uses,” Mitchell said. “The WRA has certain land-taking powers under Massachusetts General Law (MGL) for private development. The WRA has authority to do certain things that the city does not have.” “State law allows the WRA to deal with private developers,” Mitchell said. “The WRA has no authority over city-owned property. We need to hitch all of those six properties into one piece.” The WRA will be taking additional properties owned by members of the Romani family, including the former bowling alley and the vacant Newberry’s site, but must comply with specific standards because those taking are being funded through state and federal programs. “Under state and federal law the takings must be mutual and there is an appeal process for up to two years to allow the current owners to contest the purchase price,” Mitchell said. “I have the funds for that (to acquire the Romani properties), the funds to demolish that building, and the funds for (environmental) remediation if it is needed,” Mitchell said. The Arnold Street municipal parking lot is one of the six properties the WRA is seeking to transfer into its authority, which caused several councilors to ask about how that parking facility will be managed. “Nothing will change in the short term because the WRA is sensitive to the downtown parking needs,” Mitchell said, adding that the Off-Street Parking Commission will continue to maintain that facility. Ward 3 Councilor Brian Hoose, who is the City Council member on the Off-Street Parking Committee and is currently the chairman of that board, said the goal of both the parking board and WRA is to “preserve parking as long as BRIAN HOOSE See WRA, Page 3

Senate passes autism bill BOSTON – Senator Don Humason (R-Westfield), State Senator Benjamin B. Downing (D-Pittsfield) and Senator Gale D. Candaras (D-Wilbraham) joined with their colleagues in the Senate on Tuesday to unanimously pass a bill to expand treatment and support for individuals with autism or a developmental disability across the Commonwealth. “This bill addresses the needs of children and adults with autism and developmental disabilities by expanding coverage through MassHealth and by providing licensure and coursework for teachers to improve educational opportunities,” said Humason. “This bill will continue the Commonwealth’s mission of improving quality of life to those with autism spectrum disorders and developmental disabilities.” “Individuals with autism and developmental disabilities often need extra support in order to achieve their full potential throughout their lives. The creation of a Commission on autism will provide this

SENATOR DON HUMASON

SENATOR BENJAMIN DOWNING

added support by investigating pressing issues such as adequate education, medical coverage, employment opportunities, and affordable housing,” said Canderas. “This bill takes important steps towards ensuring the well-being of See Autism Bill, Page 3

Annual Chamber of Commerce Breakfast Executive Director of the Greater Westfield Chamber of Commerce Kate Phelon, right, passes out cartons of milk to a group of children from the Greater Westfield Boys & Girls Club during a breakfast sponsored by the Greater Westfield Chamber of Commerce at the Westfield South Middle School. See additional photos Page 3. (Photo by Frederick Gore)


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