WESTFIELD – The City Council was poised to vote to approve the transfer of land at Ponders Hollow Road but decided to seek a legal opinion when an opponent to the Ashley Street school project raised procedural questions related to city ordinance, Charter and state law.
The council was set to approve the second reading and final passage of the order transferring the care and custody of the nearly 4.8 acres of land on Ponders Hollow Road, but stepped back from that to seek a legal opinion from the Law Department. The council had approved the first reading at its July 2 session on a 9-4 vote. The transfer requires a super majority of the council, nine vote, to gain approval.
Holyoke resident Tom Smith, whose mother lives across Cross Street from the proposed school site, spoke during public participation, raising questions about procedure and the council’s process in transferring the Ponder Hollow Property from the Fire Department to the Park & Recreation process.
The land transfer is being made to satisfy a requirement of the federal National Park Service that the city transfer property of equal or greater value to the 1.3 acres at Cross Street which were transferred to the School Department for incorporation into the school project.
Smith said the city needs a recommendation from the Planning Board prior to taking final action on the transfer under city ordinance and state law.
The problem, several councilors cited, including At-large Councilor Matthew T. VanHeynigen who served on the Planning Board prior to his election to the council, is that there is not a plan for the Planning Board to review.
Ward 1 Councilor Christopher Keefe made the motion to defer the vote and seek a legal opinion on the procedure of transferring the property from one city department to another.
Keefe, who had earlier left the Council Chambers to research state law on the matter, said the council is authorized to transfer property between departments “for a specific municipal purpose.”
Keefe said that the administration (of Mayor Daniel M. Knapik) is requesting the land transfer, but has not submitted a plan as to how that land will be used by the Park & Recreation Department, a plan which could be reviewed by the Planning Board which would provide the City Council with a recommendation.
“We need a purpose or we open ourselves to litigation,” Keefe said. “*I’m a supporter of the law, of ordinance to prevent a citizen from suing us.”
Ward 2 Councilor Ralph Figy, in whose ward the new school would be constructed, said “this is just a simple transfer” between departments and that the Park & Recreation Department needs the “Care, Custody, Management and Control” of the land to begin its assessment process which could result in a formal plan, which would be reviewed by the Planning Board.
Ward 4 Councilor Mary O’Connell said the council “can afford two weeks to get an opinion. I agree with Councilor Keefe.”
Ward 3 Councilor Brian Hoose said that those in opposition to the school have placed the city in a position where the Army Corps of Engineers is pressuring the city to maintain, if not improve, the Little River Levee which passes through the Ponders Hollow Road land owned by the city.
“The Fire Department does not have the capability to do that. The Park & Recreation Department does have access to other resources,” Hoose said. “To me this is sticking it to city taxpayers.”
VanHeynigen said the transfer of control is just a step in the process of determining how the land will be used by the Park & Recreation Department.
“The law refers to a final action,” VanHeynigen said. “This is not a final action. This is just another road block by (those in) opposition to the school project.”
Keefe said that a legal opinion protects the city and council.
“I want a legal opinion on the table to protect us, protect the city,” Keefe said. “I don’t know what the hurry is. We can act in two weeks.”
At-large Councilor Brent B. Bean II said that the questions raised are a delaying tactic and that “in two weeks it will be something else.”
The council on a voice vote approved Keefe’s motion to seek a legal opinion from the Law Department.
