The month of August marks the return of the Westfield City Council to regular meetings and resumption of our duty as legislators for the City of Westfield. We have many issues to deal with over the next few months.
The Council has been involved in several recent land takings. Three parcels on the northside of the City bordering Barnes Regional Airport were taken to meet our needs there and seven parcels were taken along the south side of the City to accommodate the bike trail. Real estate takings are governed by eminent domain laws. Eminent domain is the power of government to seize private property with or without the owner’s consent. Land taking orders presented to the City Council by the Mayor are often accompanied by funding requests to pay for the takings. The orders for taking and the request for funding tend to go hand in hand.
The Fifth Amendment to the U.S Constitution forbids the confiscation of property “without just compensation”, so that anyone whose property is acquired does receives compensation based on the property’s “fair market value.” When the parties can’t agree on the value, the property owner can litigate – but the land will be taken while the lawyers and Courts work to resolve the dispute.
Monday, August 20 saw the dedication of the Horseshoe pits on Hubbard Street. Bill Babinski, a Westfield resident and long time supporter of the sport of horseshoe pitching, had the pits dedicated in his honor. Bill passed away last year. His friends and family requested that the City and the Park and Recreation Department honor him with the naming of this horseshoe area. This was accomplished through collaboration among his friends and family, Stanley Park of Westfield (Bob McKeon and Wayne Mousette), Jim Blascak, Director of Park and Rec, the entire Park and Rec Commission and the City Council. There was a very nice dedication ceremony with many supporters attending. It was nice to see Mayor Knapik, former City Councilor Barbara Swords, Commissioners Unger, Sienkiewicz, Irzik, and Veronesi, as well as City Councilor Agma Sweeney. City Councilor Callahan, in whose ward the Park lies, sent her best wishes representing the City. Former City Councilor PJ Miller brought a proclamation from State Senator Knapik for the event.
We have seen changes in the makeup of Councilors on our City Council this past year with the resignation of Peter Miller and the passing of Patti Andras. City Councilor Jim Brown has just this week announced his resignation. Councilor Brown will be missed by all of us and he will be remembered for his serious approach to legislation and all of his hard work as chair of the L&O committee.
I thought it would be helpful to discuss the process of choosing replacements for Councilors. We are guided by our Charter and the following section explains the process:
Sec. 25. – Vacancy in mayor’s office; council; temporarily disabled appointive officer.
If at any time a vacancy occurs in the city council from any cause, the city clerk shall forthwith notify the city council thereof; and within fifteen days after such notification, the remaining city councilors shall choose, as city councilor for the unexpired term, whichever of the defeated candidates for the office of city councilor at the regular municipal election at which city councilors were elected for the term and office in which the vacancy occurs, who is eligible and willing to serve, received the highest number of votes at such election, or, if there is no such defeated candidate eligible and willing to serve, in the case of a vacancy in the office of councilor-at-large, any registered voter of the city duly qualified to vote for the office of city councilor-at-large, and in the case of a vacancy in the office of a ward councilor, any registered voter of the city duly qualified to vote for the office of city councilor from the ward in which the vacancy occurs. If at a regular municipal election there is a failure to elect a city councilor, or if a person elected city councilor at such election dies or resigns before taking office, the city clerk shall, as soon as conveniently may be after the remaining city councilors-elect take office, notify the city council of such failure to elect, death or resignation; and within fifteen days after such notification, the members thereof shall choose, as city councilor for the unexpired term, whichever of the defeated candidates for the office of city councilor at such election, who are eligible and willing to serve, received the highest number of votes at such election for the office in which the vacancy occurs, or, if there is no such defeated candidate eligible and willing to serve, in the case of a vacancy in the office of councilor-at-large, any registered voter of the city duly qualified to vote for the office of city councilor-at-large, and in the case of a vacancy in the office of ward councilor, any registered voter of the city qualified to vote for the office of city councilor from the ward in which the vacancy occurs. If in any of the aforesaid events a choice is not made as hereinbefore provided within fifteen days after notification of the city council by the city clerk, the choice shall be made by the mayor, or, if there is no mayor, by the city councilor senior in length of service, or, if two or more councilors have the same length of service, by the city councilor senior both in age and length of service.
Should an appointive officer of the city be temporarily unable for any cause to perform his duties, the mayor may make a temporary appointment of some person to act until the official shall resume his duties.
The City Council will hold an additional meeting this month on Thursday. We have much business ahead of us and it seemed appropriate to squeeze this meeting into our schedule. Our next regularly scheduled meeting – on September 6, is being pre-empted by the election. Candidates will vie for spots as our Congressional Senator, (Scott Brown and Elizabeth Warren). Also on the ballot is the race for Congressional Representative, (Richard Neal, Andrea F. Nucifero, and Bill Shein). The Governor’s Council race will see Kevin Sullivan, Michael Albano, Gerry Roy, Michael Case, and Michael Franco competing. Don Humason is running unopposed for the State Representative spot. For these reasons, our first meeting in September will be held on Monday, September 10.
Mary O’Connell
Ward Four
Disclaimer: The views expressed in this column are those of the author and not the staff, editor, or publisher of the Westfield News.
