To the Editor,
This week the City Council has an opportunity to perform one of two stately and noble acts to correct two municipal errors which could affect any potential action involving the Cross St. Playground. The two acts include: 1.) vote ‘no’ to fund the proposed playground project because the City’s state grant application contained serious misrepresentations, or 2.) delay the funding vote until the several municipal errors have been officially corrected.
Error #1. The Westfield City Council’s August 18, 2011 transfer the Cross St. Playground to the School Department changed the use of the playground without the state legislature’s authority. That illegal transfer vote has not been vacated by a court, or rescinded by the City Council. The City Council’s actions to place the land into School Committee control was flawed, but it is still on the record as having taken place.
Error #2. The City continues to completely obstruct public access and enjoyment of 25,000 square feet of protected land on Cross St. Full obstruction is contrary to the Article 97 and National Park Service open space protection laws. Open up the land today.
After making these corrections, the City needs to conduct public meetings to allow meaningful public participation and to allow the citizens their chance to study ALL of the land available to them. ‘Meaningful’ would include listening to them BEFORE the City draws up any plans! Public participation was not too meaningful this past June. That one meeting was used by the City to inform the public of what the City wanted to do! The meeting was supposed to be for the City to actively listen to the people’s ideas. But a meeting was held and the appropriate box was checked off on the city’s grant application form.
The 5.32 acres on Cross St. became protected under the 49th amendment to the Mass. Constitution in 1948 after the City Council transferred the land to the Parks Commission. Then in 1972, the Massachusetts voters adopted the 97th amendment (Article 97) which superseded Article 49. To change the use of Article 97 recreational land, municipalities must first gain permission from the state Legislature. The City confidently gambled by asking the City Council to transfer the Cross St. Playground to the School Department without obtaining the Legislature’s authority. State law permits land transfers only if the transfer is for a different municipal use. Parks to schools is a different use. Though done illegally Westfield’s transfer legislation remains on the books. It has to be rescinded.
The plaintiffs during the 2012-2018 case supporting the people’s rights to Article 97 protected land on Cross St. tried to convince Westfield to vacate that land transfer to the School Department. The City refused to do it. To get $400,000 in state money, the City portrayed the Parks Commissioners as the municipal custodians of the land. What evidence is there to show that the Parks Commissioners have properly regained custody?
In August of 2011, the Parks Commissioners were unanimous in declaring the Cross St. Playground as being ‘surplus’ to the recreational needs of the city! Mayor Knapik, City Councilor’s Brian Sullivan and Brent Bean, and the school project’s manager, Paul Kneedler, were there to ask the Parks Commissioner’s to ‘surplus’ the playground. Was this required vote of the Parks Commissioners ever reversed? Isn’t it still on the record until rescinded or vacated? If it is, why did the Parks Commissioners even contemplate whether or not the City should go for this grant, and to go for CPA funds for a project on Cross St.? Do the Parks Commissioners have the authority to make such a request to use CPA funds and state grants for land it voted to surplus? What authority does the Community Preservation Commission have to authorize CPA funds for a project on land the Parks Commissioners voted to surplus, and the City Council improperly transferred to the School Department?! Did the School Committee make a request for a state grant and CPA funds? When did the City Council vote to transfer the land back to the Parks and Recreation Commissioners? And now the City Council is being asked to approve the spending of more than $900,000 of taxpayer’s dollars for a project on this land? For what? Schools? Parks?
Did the City get the idea for this project based on the results of public meetings with the Cross St. Playground neighborhood, or is the project more a matter of politics to support another motive? In 2010, Mayor Knapik invited the Chapman Playground neighborhood to meet with City officials before a design was formulated for that playground. On Cross St., the design was formulated BEFORE any meeting took place. Now why was that?
Another reason for the City Council to vote ‘no’ or, vote to put the question on hold is this: the city is blocking approximately 25,000 square feet protected land on Cross St. from public access which is a violation of the open space protection laws. In 1979 Westfield received a federal grant from the federal Land and Water Conservation Fund (LWCF). As part of President Kennedy’s initiative, and President Johnson’s final Civil Rights legislation, the LWCF Act was established to provide states with money to distribute to cities and towns for public recreational purposes. Cross St. Playground benefitted from a part of that grant. Municipalities are required to submit a plan to the National Park Service to show what areas will be under the protection of the National Park Service. Westfield submitted a plan that committed the entire 5.32 acres of the Cross St. Playground to protection under the National Park Service – including the 25,000 square feet restricted from public enjoyment. Since 1982 an LWCF Act placard has been affixed to the playground entrance sign to remind everyone of the LWCF Act’s contributions to the playground.
The Massachusetts Executive Office of Energy and Environmental Affairs’ (EOEA) grant eligibility requirements say that municipalities cannot have any outstanding Article 97 land use issues before being awarded recreational grants. On at least three separate occasions, the City’s improper restriction of the 25,000 square feet was brought to the attention of city officials responsible for being made aware this problem exists. This tract is 62’ wide by nearly 410’ long. It runs along the northwest edge of the playground from the St. Peter and St. Casimir’s property to just past the baseball diamond toward Main St. This land appears as private back yard property of the houses on State St. but it is public recreational land. Be reminded that the City of Westfield portrayed this 25,000 square foot area on its school plans as being fully open to the public. The fence is still there.
Voting ‘no’ or, voting to delay the vote until the City Council’s 2011 transfer vote has been wiped clean from the books, and the entire playground has been opened to the public would go far to help convince more people that elected public servants can still put politics aside and be stately and noble when necessary. Whenever that takes place, negative consequences seldom follow.
Sincerely,
Thomas Smith
