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The Westfield News Serving Westfield, Southwick, and the surrounding Hilltowns
www.thewestfieldnews.com
VOL. 83 NO. 48
See Prevailing Wage, Page 5
THURSDAY, FEBRUARY 27, 2014
75 cents
Judgment could cost Knapik
meeting with DePaola was attended by Agawam Mayor Richard Cohen and West Springfield Mayor Edward Sullivan, along with state Reps. Nicholas Boldyga and Michael Finn, and State Sen. Donald Humason’s chief of staff. Humason was shocked when he heard about the letter because, he said, it was his understanding that DePaola indicated in the meeting that he knew nothing about the property use. “The letter was written the day before that meeting,” said Humason. Humason said he, Finn, Fox, Cohen, Sullivan, Boldyga and State Sen. James Welch penned a letter to Davey asking the state to make good on its promise to the towns and residents involved and complete
By Dan Moriarty Staff Writer WESTFIELD – Mayor Daniel M. Knapik, through his attorney, is seeking a reconsideration of the summary judgment handed down in a civil suit last week by a US District Court judge. US District Court Judge Michael A. Ponsor, in a 46-page memorandum and order released on Friday, Feb21, found that Knapik did violate the rights of free expression, under both federal and state law, of candidates David A. Flaherty MAYOR and Jane Wensley DANIEL and property owner M. KNAPIK David Costa in when he had campaign signs removed just prior to the municipal election in November of 2011. That summary judgment could have significant implication for Knapik because it could strip him of indemnification protection as a public official if the court upholds the plaintiffs’ assertion that Knapik acted outside the scope of his authority when he ordered the Department of Public Works to remove the campaign signs from Costa’s property on East Silver Street. The loss of that indemnification could put the full cost of the legal process on Knapik, and as a private citizen, he could be responsible for not only his attorney fees, but those of the plaintiffs as well. The City Council, with Flaherty recusing himself, approved $40,000 for Knapik’s defense under indemnification as a city official, a vote that was amended to limit that protection only if Knapik is found to have acted within the scope of his official authority. However, Attorney Edward M. Pikula, who represents Knapik, has filed a motion for reconsideration, citing a number of inconsistencies with facts entered in the case during discovery and through numerous motions. The 12-page motion for reconsideration of the summary judgment challenges the court’s finding in favor of the plaintiffs regarding the federal and state civil right violations of fre3e speech. The issues cited by Pikula are whether Knapik acted under the scope of his authority when he ordered removal of the signs. Knapik has contended that the signs on the treebelt, under the city’s control and not on Costa’s property, were a visual encumbrance to motorists on East Silver Street and those attempting to enter or exit at the intersections of Cross Street and Lindbergh Boulevard. Pikula contends that Knapik’s order applied to all signs on the treebelt and not just the campaign signs. In addition to the campaign signs, there was a real estate sign. Pikula states in his motion for reconsideration that: The memorandum and order states that that: “[i]t is clear from the undisputed facts that Defendant Knapik’s removal of the signs — whatever his actual intent — constituted a content-based restriction of free speech.” (p. 2) As previously noted, Knapik disputes that the removal of the signs was targeted at only the political signs. While it is undisputed that the removal included political signs,
See Rt. 57, Page 3
See Judgement, Page 3
REPRESENTATIVE WILLIAM “SMITTY” PIGNATELLI
STATE SENATOR DONALD HUMASON JR.
Legislators support Pike discount By Peter Francis Staff Writer WESTFIELD – The toll free ride for western Mass. commuters ended in October, when the tolls for Exits 1 through 6 were reinstated on the Massachusetts Turnpike after a 17-year hiatus. Now, a new proposal to create a discounted annual toll pass for people who drive the Massachusetts Turnpike frequently would give residents of the communities serviced by Exits 1 through 8 the opportunity to purchase a $50 pass for a year of unlimited rides within those exits on the Pike. The bill, sponsored by Representative William “Smitty” Pignatelli (D-Lenox), was brought before the House and Senate in a joint session earlier this month, and has bipartisan support. “It’s going to affect everybody,” said Pignatelli, who represents Blandford, Chester, and Tolland in his 4th Berkshire District. “We’re becoming a more mobile society. Driving an hour to work everyday is not unheard of today.” “It’s based on your driving habits and divides the highway into zones.” he said. “These are also the same rates that the Massachusetts Department of Transportation (MassDOT) gives to drivers who carpool.” Pignatelli added that the key to earning the carpool rate is that three people must be present in the vehicle, but that he knows of many constituents who make arduous commutes alone. “I met a woman from Lee who works as a nurse at Bay State in Springfield,” he said.
“She pays hundreds of dollars a year to get from Exit 2 to Exit 6.” Pignatelli said that Rep. John Scibak (D-South Hadley) told him of one of his constituents who commutes from Easthampton to her job in the Berkshires every day. “It’s a very fair proposition,” said Pignatelli. “But it’s based on your driving habits. If you’re a nurse whose driving everyday, it’s great. If you’re just driving to the Holyoke Mall once a month, not so much.” Despite the support of 21 members of the state legislature, Pignatelli said that MassDOT Secretary Richard Davey is not in favor of instituting the passes. “I didn’t want to file the legislation initially because I thought MassDOT would institute something like it,” he said, adding that he spoke with Davey on the matter. “He said ‘I don’t like discount programs’ and when I asked about the discounts given to Boston residents, he didn’t give me an answer.” Pignatelli was referring to residents of Chelsea, as well as the Boston neighborhoods of Charlestown and East Boston, who pay reduced rates with their Fastlane transponders to utilize the Tobin Bridge and the Callahan, Sumner, and Ted Williams tunnels in the city. “People in Chelsea and Charlestown pay 30 cents to travel that bridge (Tobin), people in East Boston pay 40 cents for the tunnels, See Pike Discount, Page 3
Board continues fight for Rt. 57 By Hope E. Tremblay Staff Writer SOUTHWICK – Despite the state’s recent acknowledgement of a lack of interest in completing the Route 57 project, the Board of Selectmen this week said they want to send a reminder of the commitments made in the past. “I would still like [to send a letter] with one or two sentences about the obligation and commitment made to these people,” said Board Chairman Russell Fox, who referred to homeowners who were forced out of their homes to make room for the project. Last week Secretary and Chief Executive Officer of the Massachusetts Department of Transportation (MassDOT) Richard Davey met with Senator Don Humason, Jr. (R-Westfield) and aides for Representative Nicholas Boldyga (R-Southwick) to discuss
inevitability in history except as men make it.” — Felix Frankfurter
Prevailing wage impacts municipal spending By Peter Francis Staff Writer WESTFIELD – There was much hand-wringing during a recent City Council meeting, and much of it had to do with approving a funding request from Domus Inc. for the “Our House” project. Proponents and opponents of the project packed the City Council Chambers to advocate for council support during the public participation phase of the session. Proponents cited the benefits to the community, while opponents cited the construction cost of $1.4 million as an exorbitant expenditure of public funds. The council, following a protracted debate, voted 11-2 to approve the Our House funding. The project will convert the former Red Cross Chapter house on Broad Street into a 10 singleroom residency (SRO) facility, as well as include building an addition onto the existing structure. There will be an apartment for a resident supervisor in addition to student housing. “This project is very expensive. The cost is too high,” At-large City Councilor Dan Allie said, voting against it. “Its not free money.” Ward 6 Councilor Christopher Crean, a member of the Finance Committee, which discussed the Domus funding request prior to the council meeting, said that he was initially concerned about the appropriation, but that he had further investigated the project. “The two big issues are the building cost and the social service aspect of the project,” Crean said. “The state sets the prevailing wage requirement. Eighty percent of the cost is due to state requirements.” Enforced through the Office of Attorney General Martha Coakley’s Fair Labor Division, the state’s prevailing wage law sets a base wage for vendors who take on municipal contracts, along with health and pension benefits. For example, a brick, stone or artificial mason who is a member of the Springfield/Pittsfield district of the Bricklayers Local 3 union working on a job in Westfield is entitled to a base wage of $36.56 as of March 3, which, in addition to health benefit pay of $10.18 and $16.31 towards the worker’s pension, totals their prevailing wage at $63.05. However, a mason who is a member of the Boston District of Bricklayers Local 3 will earn a wage of $76.39, made up of a $48.16 wage, $10.18 for health benefits, and $18.15 for the worker’s pension. These wages play a large part in driving up the cost of the procurement process for municipalities like Westfield and Southwick, both in the midst of large municipal building projects. “The laws were put in to ensure a living
“There is no
the dormant Route 57 expansion project. Davey said that the state doesn’t have the revenue to finance the full extension of Route 57 right now, but “we fully understand the regional economic value this project has. With that in mind, we will explore whether there are any smaller, incremental steps we can possibly take in the meantime.” In late January, Administrator of the MassDOT Highway Division Frank DePaola wrote in a letter to Western Massachusetts Electric Company (WMECO) that the state was “not interested” in the land any longer. WMECO owns much of the land and has been holding the property for the state, which promised to complete the Route 57 project decades ago and took homes along the path of the extension. In mid-January a meeting took place in Boston regarding the future of Route 57. The
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