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The Westfield News Serving Westfield, Southwick, and the surrounding Hilltowns

www.thewestfieldnews.com WEDNESDAY, APRIL 30, 2014

VOL. 83 NO.101

“In America, getting on in the world means getting out of the world we have known before.” — Ellery Sedgwick

75 cents

Flaherty: Taxpayers should not pay legal bill

Joanne Horacek, right, of Country Club Drive in Southwick, was one of several residents whom attended the Southwick Selectmen’s meeting Monday night to express concerns of a house located at 13 Point Grove Road. Residents said unregistered vehicles, a large fence, chickens, at least one goat, and a garage containing hay, has them concerned. (Photo by Frederick Gore)

Residents complain about neighbors By Hope E. Tremblay Staff Writer SOUTHWICK – Neighbors of a Point Grove Road home are concerned that a new resident could be violating the law. Dean and Joanne Horacek of Country Club Drive were among a group of citizens that expressed their concerns to the Board of Selectmen this week, citing a tall fence, goats and rabbits, unregistered vehicles, and too many dwellers in the home as their chief complaints. “I don’t know if that fence is legal or not,” said Dean Horacek, referring to a

six-foot PVC fence erected across the front of the property. “Who would put a six-foot fence in front of their home? Apparently they have goats and other animals and I question how many people are living in the house.” Dean’s wife Joanne said the homeowners had “30 bicycles in the backyard” and a number of unregistered vehicles. Building Inspector Denis Gaido said he is aware of the concerns and at this time, everything at the home is fine. “They’re doing everything they’re supposed to be doing,” said Gaido. “As far as

zoning and everything goes, they’re okay.” One neighbor who lives on Point Grove Road said she believes there may be too many people living in the home. She said a child living there told her there are 11 family members living in the home that neighbors said has three bedrooms. Some neighbors worried about the septic system there and whether that many residents would tax the system. “It’s not going into a city sewer and

By Dan Moriarty Staff Writer WESTFIELD – City Councilor David A. Flaherty has requested the state Inspector General to prevent the city from paying the legal bill and fees of Mayor Daniel Knapik following a decision Monday in U.S. District Court. Flaherty, who is one of the litigants who successfully sued Knapik for violating their civil rights when he ordered political signs removed from the East Silver Street treebelt, contends that earlier findings of US District Court Judge Michael A. Ponsor strip Knapik of indemnification protection. “I am hoping your office will DAVID take immediate action to enjoin FLAHERTY the City of Westfield from spending public funds to pay the court-awarded legal fees in a case where Mayor Daniel Knapik acted outside his scope of duties when he ordered city employees to remove the campaign signs of candidates he opposed in the 2011 elections,” Flaherty said in the letter to the Inspector General which Flaherty released to the press Tuesday. “Further, I hope that your office will help the taxpayers recover $40,000 that the City Council conditionally approved to defend the mayor (based on the recommendation of the City Solicitor),” Flaherty said.   See Flaherty, Page 7

Worthington home rule Council to roll up medical marijuana ordinances bill passes By Dan Moriarty Staff Writer WESTFIELD – The Legislative & Ordinance Committee will bring both the general and the zoning ordinance, being adopted to regulate and control medical marijuana facilities and use in the city, to the full City Council. The two ordinances were developed by the Planning Board, based on a template created by a Pioneer Valley Planning Commission (PVPC) regional task force and sent to the City Council. Two separate public hearings were conducted, one by the Planning Board and the other by the City Council. Amendments to the proposed ordinances were made by the Planning Board and by the council’s Zoning, Planning & Development Committee. Last night the L&O voted to present the general ordinance, as amended by both the Planning Board and ZP&D Committee, to the full City Council tomorrow night for a first reading. Adopting or amending an ordinance typically requires two readings, usually at sequential council sessions, and a vote for final passage. L&O Chairman Brian Sullivan asked

Principal Planner Jay Vinskey if the council’s legislative process would open the city to unrestricted medical marijuana facilities. Vinskey said the general ordinance is not time-sensitive, but the zoning ordinance may be time-sensitive because the medical marijuana moratorium, adopted last June by the City Council, expires tomorrow and cannot be extended under a ruling by the state Attorney General’s Office. Vinskey said the general ordinance addresses the “operational aspect” of the medical marijuana issue, while the zoning ordinance component controls where medical marijuana dispensaries and cultivation facilities can be located in the city. “That ordinance is time-sensitive because the moratorium expires May 1,” Vinskey said. “The other issue is that the time to act on the ordinance following the public hear-

See Neighbors, Page 7

ings expires before your meetings in June.” Vinskey said that the “clock” begins to wind down on council action when its closes its public hearing. The council then has 90 days to vote on the proposed ordinance. That 90-day clock expires on Wednesday, June 4, 2014, the day before the Council’s first June meeting on Thursday June 5. “The city would have to completely start over, which could take several months,” Vinskey said. The process includes an advertising period for new public hearings before both the City Council and Planning Board, then further review before the council was in position to act on the ordinance. The summer schedules for both the council and Planning Board could extend that process further. At-large Councilor James R. Adams requested that Vinskey communicate with the Police Department, which would have an enforcement role for both ordinances, to ensure that the ordinances provide them with sufficient enforcement capabilities before the final passage of the ordinances. Sullivan noted that the ordinances could be amended to address Adam’s concern

See Worthington, Page 7

See Medical Marijuana, Page 3

ISO-NE: Summer power enough in New England HOLYOKE (AP) — Energy efficiency will help ensure enough electricity is available in New England even during an extended heat wave, the region’s electric grid operator said Tuesday. If the temperature hits 90 degrees, electricity demand is expected to peak at about 26,660 megawatts as customers crank up air conditioners, ISO-New England said. In an extended heat wave of about 95 degrees, demand could peak at about 28,965 megawatts. If all the generators in New England operate at maximum ability, about 30,900 megawatts would be available. Vamsi Chadalavada, ISO’s chief operating officer, said widespread energy-efficiency in the region has reduced the peak demand forecast for electricity. Beginning June 1, the remaining units of the Salem Harbor power station in the Boston area will shut, representing a reduction of 585 megawatts of generating capacity in the region. ISO expects to be able to meet consumer demand this summer, but the plant closing is the first in a series of expected “large resource retirements” in the coming years that will reduce available generating capacity in New England, Chadalavada said. Secretary of Energy and Environmental Affairs Richard K. Sullivan, Jr. said this affirms the directions Massachusetts is going

By Peter Francis Staff Writer BOSTON – A contentious home rule bill which would allow the town of Worthington to withdraw from the Gateway Regional School District was passed and enacted by both the Massachusetts State House and Senate Monday. The bill has now been sent to the desk of Governor Deval L. Patrick, who has 10 days to either sign it into law, veto it, or send it back to the legislature. Since the beginning of the Worthington withdrawal effort, legislators have been curious as to what would happen should the bill pass both houses in Boston and end up in the hands of Patrick, a known proponent of regional school districts. “There’s no way to predict his decision at this point,” said Representative Stephen Kulik (D-Worthington) in December, shortly after his home rule petition passed the House in an informal session. “But he usually gives a lot of deference to legislation that reaches his desk from the House and Senate.”

in as far as energy is concerned. “It’s a validation of the governor’s leadership and the aggressive approach we’ve taken toward energy efficiency,” said Sullivan. Without efficiency measures, the peak forecasts would be about 1,500 megawatts more, which is enough to power more than 1,000 homes. Measures include compact fluorescent bulbs, energy-efficient appliances and upgraded heating and cooling systems. Holyoke-based ISO said electricity imports and potential demand reductions could deliver even more power. Last summer, electricity use peaked on July 19 at 27,379 megawatts. The record for peak demand was set on Aug. 2, 2006, when demand reached 28,130 megawatts. Consumer demand for electricity peaks in the summer, due largely to a spike in air conditioning. Concerns about the supply of fuel to natural-gas-fired generators are more significant during the winter because pipelines have been at or near full-capacity. ISO said difficulties also are reported in the summer because of pipeline maintenance. “In addition to investments made in the regional infrastructure See ISO-NE, Page 3

Ransom not paid, ‘victim’ not taken By Carl E. Hartdegen Staff Writer WESTFIELD – City police advise that no ransoms should be paid without verifying that a loved one has really been kidnapped. A caller advised city police Monday afternoon that a $1,000 ransom had been demanded by a caller who claimed to have kidnapped his brother. Officer Kerry Paton reports that he spoke with a Charles Street resident who said that when he had asked to speak with his brother the putative kidnapper told him that he couldn’t because his brother was bleeding. The resident said that he was told to send the money by Western Union to a named person in Puerto Rico and said he went to a local supermarket to send the money. But, after he purchased the money order, he called his brother who said that he was alive and well and at work. See Ransom, Page 3


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