WESTFIELD – Members of the City Council voted down a motion last night that would have requested the Law Department to issue an opinion on the process of changing or dissolving the city’s Community Preservation Act program.
At-large Councilor David A. Flaherty requested the consent of the City Council to send the request to the city’s Law Department. The motion would have required a response from that department, in writing, prior to the council’s Nov. 6th meeting describing “the proper step by step procedures or methods for the City Council or the citizens of Westfield to rescind or revoke the Community Preservation Act.”
Flaherty, during discussion of his motion, said he was acting upon a constituent’s request.
“This is not a motion to get rid of the CPA or change it in any way,” Flaherty said. “It was a very contentious vote at the time it was passed, basically 50/50 and was passed by just a few votes.”
“I’m asking for an opinion on procedures to make changes, the mechanics of getting it on a ballot,” Flaherty said. “There are no instructions (in the state law establishing the CPA) on how to dissolve it. I just want clarification from the Law Department.”
“Some people may want a chance to reconsider,” Flaherty said. “Many people did not approve of some of the projects (funded with CPA funds). We’ve collected $5 million, so it’s something worth investigating.”
At-large Councilor James R. Adams said he would vote against the motion because the City Council has to vote to approve or deny each appropriation of CPA funds.
“We vote to get that money out,” Adams said. “Most of the projects (funded in whole or in part with CPA money) are great for the community.”
Ward 2 Councilor Ralph Figy and Ward 6 Councilor Christopher Crean also voiced their opposition.
“After the dissolution of the BID, I don’t want to lose any other opportunity to advance the interests of this city,” Figy said.
Crean said he was on the City Council which voted to put the CPA on the ballot a decade ago. Crean suggested that Flaherty or any citizen could go online to find the directions to rescind the CPA.
“We went for the lowest amount, one percent, and the citizens of Westfield OK’d it,” Crean said. “It was never ‘sold’ in any way by this body.”
Flaherty countered that he could not find instructions on how to dissolve the program and was just seeking “to get clarification from the Law Department.”
Figy said “if someone has something against the CPA, why should we help them? Let them do their own research.”
Ward 1 Councilor Christopher Keefe, acting as council president in the absence of Council President Brent B bean II, read the CPA law and described the process of rescinding the law in the city.
“I’ve been asked what it would take to do that,” Flaherty said.
Keefe called for a voice vote and declared that the majority of council had cast “nay” votes on the motion. Keefe said, following adjournment, that any council member could have requested a roll call vote to clarify the vote outcome, but that nobody made that request and accepted his declaration that the councils casting “no” votes were in the majority.