By CHAD CAIN
Daily Hampshire Gazette
Staff Writer
NORTHAMPTON — A day after being ordered to cease operations immediately, the Northampton Business Improvement District asked a Hampshire Superior Court judge for extra time to “wind up its affairs” such as settling contracts, paying employees and performing other tasks.
In a motion to stay filed yesterday. afternoon with Judge John A. Agostini, BID lawyers Harry L. Miles and Michael Pill asked for an additional 60 days following the expiration on Dec. 11 of a 30-day period in which to appeal the judge’s decision Wednesday.
Agostini ruled that the BID should disband immediately because it was not legally established by supporters in 2009. The civil suit was brought against the city and the BID by property owners Alan Scheinman and Eric Suher.
Agostini has not ruled on the motion filed yesterday. If he approves, the BID would be officially dissolved in February.
“The motion is a response to the judge’s ruling that we are null and void,” said Natasha Yakovlev, the BID’s executive director. “We can’t just close our doors.”
Though state law gives a dissolved business three years to wind up its affairs, the BID is asking for just 60 days. The extra time, if granted by Agostini, would give the BID permission to deal with many commitments. The organization has lease agreements in effect for its vehicles, maintenance equipment and office equipment, as well as bank accounts, contractual obligations for goods and services, a promissory note to Florence Savings Bank and unpaid bills which it is legally obligated to pay, according to the motion filed by BID.
The BID is also requesting permission to pay employees who are now out of a job with no notice. In addition to Yakovlev, the BID has a part-time office employee and a maintenance crew of between three and five people, depending on the season. Without a favorable ruling by Agostini, payment of their wages would violate Agostini’s Wednesday ruling, but failure to pay their wages is a criminal offense, the BID attorneys argue.
Yakovlev said the BID’s board of directors is scheduled to meet today to decide whether to appeal the judge’s ruling. She said the BID stopped performing a variety of functions downtown on Wednesday and is not seeking permission to resume those operations.
“We will not be offering any services at all,” Yakovlev said. “All operations in that regard have ceased.”
In its motion, the BID described its work and said that there is no funding in place and no arrangement for anyone else to take on these tasks.
With winter coming, a key function the BID provides is snow removal from downtown sidewalks, crosswalks, fire hydrants, mailboxes and handicapped curb-cuts and access ramps. The BID also supplements snow removal done by the city in areas with the heaviest foot traffic to help prevent injuries from a fall.
Other work includes cleaning and repairing downtown sidewalks, including power washing them and removing graffiti, litter and waste; maintaining nearly 50 downtown planters and close to 100 hanging plants, sidewalk landscaping and tree wells; maintaining 47 downtown antique street lamp posts; and removing leaves from downtown.
Meanwhile, Mayor David J. Narkewicz said he expects to convene a meeting sometime next week of downtown stakeholders such as the Greater Northampton Chamber of Commerce, BID members and others to address these and other downtown issues.
Chad Cain can be reached at [email protected].
