BRENT B. BEAN II
WESTFIELD – After an executive session held immediately prior to the City Council meeting on Jan. 21, councilors reconsidered and voted 10 to 3 to transfer $150,000 from the Ambulance Fund receipts to pay for litigation costs of three firefighters who are suing the city.
When the matter was first brought to the City Council on Jan. 7, Finance Chair Ralph J. Figy said the request would pay attorney’s fees as a result of three firefighters who were terminated and had filed 10 lawsuits against the City of Westfield; three in Civil Service, three in the Massachusetts Commission Against Discrimination, and four in Superior Court.
According to Figy, City Solicitor Shanna Reed, who had spoken to the finance committee about the transfer, said the city had done as much as they could in-house to keep costs down, but the plaintiffs did not want to settle and wanted to litigate “to the end.” Outside counsel was sought, and the transfer would pay those fees.
At that meeting, the Council voted 7 to 6 against the transfer. Calling it a “black hole,” Council President Brent B. Bean II said he was concerned about the lack of information on this matter from the Law Department. He said the appointing authority of the Westfield Fire Commission also had a lack of information. “I want to see more information from City Hall to the Fire Commission on this. Until that happens and they are brought into the fray on this, or if there is some reason (they can’t be), let us know. I don’t see an end game,” he said.
At-large Councilor Dave Flaherty said he agreed with Bean, and was going to vote against the transfer, which he said deserves public disclosure and public oversight. “We’re the one spending the money, we deserve full disclosure. So does the public, of how much it’s going to cost. Before we approve this, we need an executive session,” Flaherty said.
After the closed executive session on Jan. 21, Figy once again brought the transfer forward for reconsideration. He said the status of the ambulance fund was “very healthy – the most healthy in the city. A couple of months ago, they paid for two ambulances out of that fund,” he said, adding that they had already reached the level they were at before the purchases. “They have the money,” he said.
Flaherty said he was going to change his vote. “We got the information that we didn’t have before,” he said.
At-large Councilor Nicholas J. Morganelli Jr. asked how much the transfer would leave in the ambulance account, and was told the fund is back over $2 million.
The vote passed on reconsideration, with Councilors Dan Allie, Bean and Kristen Mello voting no.
In other business, a vote was made to refer a presentation by Deputy Superintendent of the Wastewater Division Jeffrey Gamelli, requesting an adjustment to the wastewater fee schedule, to a subcommittee of the whole led by the Natural Resources subcommittee.
The suggestion of having the whole council review the presentation came from Figy. “This is an in depth presentation. I was privy to a preview of that by Gamelli. Only way to do that is at a Meeting of the Whole,” he said, and motioned to refer it to a committee of the whole led by the Legislative and Ordinance subcommittee.
“The charter dictates that Natural Resources has initial jurisdiction over sewer rates,” said Natural Resources chair Mello, asking that it also be referred to her committee.
“Council rules say Natural Resources has the first whack at it before L&O gets it. That committee doesn’t have a whole lot to do. I’d like to send it there first,” said Flaherty.
At-large Councilor Allie, a member of Natural Resources along with Morganelli, suggested that Natural Resources chair the committee of the whole.
Figy then amended the motion to have Natural Resources take the lead.
“Not too long ago we discussed this whole thing. Mr. Allie did a good job on the discussion of not raising these fees, which I agree with. I am not for an increase of fees. When we discuss this, I would like to find a different avenue other than raising fees,” said At-large Councilor Cindy C. Harris.
Before the unanimous vote to have Natural Resources take the lead on the discussion, Bean said the fee structure is an ordinance, which will have to funnel through L&O.
