WESTFIELD – During the public session of the City Council on Thursday, Attorney William Egan of Robinson and Cole spoke on behalf of Clark Boynton, owner of 429 Old Westfield Avenue in Granville, the former Olsen Property which the city has been planning to acquire by eminent domain sale. The property is adjacent to the Granville Reservoir, the source of most of the water for the City of Westfield.
On the agenda for the meeting were two final votes, one for taking the real estate by eminent domain, and one for appropriating $440,000 for the taking for water supply protection purposes.
Egan, who had just been retained, said that Boyden cleaned up the contamination on the property, removing an old bus, tires, etc., and resolved the issues that Tighe & Bond had previously reported. He said that Boyden would like to keep the property, and would be amenable to including a conservation clause, or selling the piece of the property with the brook that fed into the Granville Reservoir, which would cost the city less money.
Egan said they understood there was a June 30 deadline for reimbursement by the state for half of the purchase, and requested to meet “with a small group of folks” in advance of that deadline, to discuss other options.
“It seems unfair that you were just hired. There have been public hearings held,” said Ward 4 Councilor Mary O’Connell.
“I completely understand. We’ve been involved in many property takings,” Egan said. He said that Boyden lives down the street from the land, and has an interest in it.
“I don’t see a problem as long as we do it by next month,” said Ward 3 Councilor Andrew K. Surprise.
“We’re at the tenth hour,” said At-large Councilor and Council President Brent B. Bean, II.
“I believe you need a survey to purchase the property, and an appraisal,” replied Egan.
O’Connell said the appraisal has been done and is a state secret, and the City Council does not have access to it.
“If this vote were extended for two weeks, would you have a final proposal in two weeks,” she asked Egan, who said they would.
Next to the podium came Charles I. Darling, the city’s water superintendent.
“There is no more important piece of land than this one,” Darling said. “One thing you don’t want is a farm on your watershed.” Darling said the state ranks this as one of the highest priorities for protection of water sources. The majority of water for the city of Westfield comes from the Granville Reservoir.
“If you don’t own it, you can’t protect it. This is a good opportunity at a good price,” Darling said.
Bean then closed the public participation portion of the meeting. The matter came up again later in the City Council agenda under unfinished business, when the councilors were taking up the final vote for the purchase of the property by eminent domain.
During the discussion, At-large Councilor David Flaherty said when Darling comes and speaks to the City Council, which he does not do often, “it holds a lot of weight with me.”
“I don’t really see the problem,” said Surprise.
“I’m sure that when Mr. Boyden purchased this, he knew we wanted it,” Ward 2 Councilor Ralph J. Figy said, adding that with a vote of eminent domain, there is a three-year right of appeal.
“The funds being used to purchase this property is just for this type of project, which is an appropriate use, and a very important use,” Flaherty said.
“I totally support Mr. Darling’s comments. If nothing else, we have the opportunity to protect the water in this community,” said Ward 1 Councilor Mary Ann Babinski.
Figy, who just returned from Ohio visiting relatives, said that right now Toledo is having problems with their water due to farm contamination.
“A farm is the last thing you want near a reservoir,” Figy said. “We need to do what we need to do.”
The vote was then taken on both the appropriation of funds to purchase the land, and for the taking by eminent domain. The motions passed unanimously.
Following the meeting, Clark Boynton was asked to comment on the vote.
“Not at this time,” said Egan.
