2018 Finance sub-committee: Andrew K. Surprise, Dan Allie, chair, Matt Emmershy. (Photo by Amy Porter)
WESTFIELD – The Finance Committee took up the motion of Councilors Andrew K. Surprise and Dave Flaherty to establish a Special Purpose Stabilization Fund dedicated to road and sidewalk repair and maintenance, to be funded by the Local Option Meals Tax and Room Occupancy Tax.
Finance sub-committee chair Dan Allie read a memo from City Solicitor Susan C. Phillips on whether action solely by the legislative branch is effective without any action by the Mayor. Phillips said the office reached out to Attorney James Crowley of the Department of Revenue, Division of Local Services Legal unit.
“Our discussion concluded with the Attorney’s advice that the process be initiated with the Mayor. Obviously this is contrary to the advice relayed to the Finance Committee,” Phillips wrote in the memo.
Phillips said the Legal Dept. will continue to review and research the matter, and requested a member of the Finance Committee to participate jointly with the DOR in a conversation on the matter.
Surprise, a member of the Finance Committee, said he would volunteer to participate in the conversation. “The memo I believe is incorrect,” Surprise said, pointing to the City of Amesbury, which underwent the same process. He said other cities and towns have also done it.
“One thing about this memo, it’s not clear what she’s referring to,” Allie said.
“I don’t think either of us said the Mayor wouldn’t be involved,” said Flaherty, who co-sponsored the motion. He said the legislative body can initiate it, and the Mayor could sign it or veto it, and the Council could then vote to override it. “I think there’s precedent,” Flaherty added.
“There are a few parts to this. There is initiating the fund itself, and there’s putting the money into it. It has to be the Mayor who initiates spending,” Allie said.
“Once the funds are in the account, the Mayor can initiate (spending),” Flaherty responded.
“This is the legislative branch creating legislation,” At-large Councilor Matthew Emmershy, the third member of the Finance Committee.
Flaherty said the basis for the creation of the fund is Mass General Law c 40 section 5B, which was enacted in July, 2017, which states that cities, towns and districts may create 1 or more stabilization funds and appropriate any amount into the funds.
Flaherty also said the purpose is to generate extra money for extra roads and sidewalks on top of Chapter 90 funds.
“This is a change. Now we’re allowed to do funding streams,” Surprise said.
Flaherty said that the Council would have to vote separately to direct the hotels and meals taxes into the fund, requiring nine votes each. The money would then be dedicated for three years. He added that there is the opportunity to use the funds for other things if needed.
“If the money is dedicated to the fund, it can roll over,” Allie said.
Surprise said he discussed the matter with Mayor Brian P. Sullivan on Tuesday. He said while he was not in favor of dedicating the money, Surprise thought he would go along with it. “Also, that money will be safe from cuts,” Surprise added. He said the least amount of money that could be dedicated from a funding stream is 25%, although the proposal is for 100%.
Surprise and Allie said the only way now to show increased spending on roads in the budget is to compare annual budgets. Allie said if you compare budgets, it would show an increase in spending on roads.
“So we’re at the point now, (where we’re) looked to remain in committee for a joint meeting with Legal and the Department of Revenue,” Emmershy said.
“We hope to vote on this for June, or I’m going to vote to rescind (the Meals Tax),” Flaherty said.
Allie said that once the motion comes out of Finance, it will have to go to the Legislative & Ordinance sub-committee. Flaherty said L&O then has the obligation to act on it. “We’re not initiating spending, we’re just dedicating revenue,” Flaherty said.
A motion was then made to hold in committee. Allie requested that a summary and key points be made up before the motion is reported out of committee.
The Finance Committee also reviewed a request from the Police Department for a transfer of $54,891 from Police Special Towing and Storage for the purchase of a 2018 Ford Edge for $30,535 for an unmarked detective vehicle, and a 2018 Transit connect van for $24,356 for Animal Control.
Allie said when the Mayor presented the items, he said both vehicles have a lot of miles and the Animal Control vehicle is unsafe. “All true,” responded Captain Michael A. McCabe, who was present at the meeting.
McCabe also commented that the next budget they would see out of the Police Department would be a fully funded request for appropriations.
At-large Councilor Nicholas J. Morganelli, Jr. asked McCabe why a new Ford Edge was needed for an unmarked vehicle. McCabe said the Edge was more durable and gas efficient, and said the mid-size all-wheel drive was needed. “You can’t put the equipment in a smaller vehicle,” McCabe said, adding that when responding, the community expects the department to be prepared.
McCabe said the vehicle also comes with a 100,000 mile warranty and maintenance contract from the state, and is very well maintained. “It’s proven to be the best way to go,” he said.
As for the van, McCabe said Animal Control has been dealing with “used, hand-me-downs” since inception. He said the animal shelter is fully staffed with three employees, and a van that opens on both sides and is low to the ground is necessary for loading animal.
McCabe also said that Westfield is a lead town for animal control, and receives from funding from participating towns, in response to a question from Ward 4 Councilor Michael J. Burns. The transfer request was approved by the Finance Committee.
