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City Council

Regular Meeting

Pittsfield, MA · October 22, 2024

Agenda

Agenda

PITTSFIELD CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS October 8, 2024, at 6:00 p.m. President White called the meeting to Order in regular session at 6:00 p.m. Present: Councilors Amuso, Bandani, Conant, Costa, Kavey, Lampiasi, Persip, Serre, Warren, White and Absent: Councilor Amuso and Wrinn, Councilor Conant departed at 7: 10 In accordance with MGL Chapter 30A, Section 20, President White notified those present that the proceedings were being audio and video recorded. AGENDA The microphone was open to the public. Vicky Smith, 1842 West Street, thanked the council for the new toter roll out. She wants to tell the community that recycling is real, and she watched it happen at the MERF and encouraged everyone to recycle. William Garrity, 64 Alcove Street, is here to ask the council to support item 17 and to update the Youth Commission Ordinance. The Gallantry Star Award was presented to Detective James Losaw for his actions on September 27, 2024, which let to the end of a dangerous high-speed pursuit and subsequent arrest of a suspect wanted for murder presented by Chief Thomas Dawley. The Lifesaving Award was presented to Officer Simon Wineberg for his actions on July 24, 2024 where he successfully performed the Heimlich maneuver on a choking individual presented by Chief Thomas Dawley. Proclamation in honor of National Hispanic Heritage Month presented by Mayor Marchetti who welcomed four students from Taconic High School, Valentina, Jaivani, Cristian, and April to the podium. WHEREAS, National Hispanic Heritage Month commences on September 15th, coinciding with the Independence Day of numerous Latin American nations, followed by Mexico's Independence Day on September 16th, Chile's on September 18th, and concludes on October 15th; and WHEREAS, the 2024 National Hispanic Heritage Month theme, "Pioneers of Change: Honoring Our Legacy, Shaping the Future," emphasizes the pivotal role that Hispanic and Latino communities play in driving progress and innovation, highlighting the importance of acknowledging and celebrating their contributions as key building blocks for a society rooted in mutual respect, appreciation, and collaboration across all races, ethnicities, and cultures; and WHEREAS, the observation started in 1968 as Hispanic Heritage Week under President Lyndon B. Johnson and was expanded by President Ronald Reagan on August 17, 1988 to cover a 30- day period starting on September 15th and ending on October 15th ; and WHEREAS, the City of Pittsfield recognizes and celebrates the invaluable contributions of all its residents and encourages the community to honor the rich cultural heritage and accomplishments of citizens of Hispanic American descent. NOW, THEREFORE, I, Peter M. Marchetti, Mayor of the City of Pittsfield, on behalf of its citizens and city officials, do hereby proclaim the dates of September 15th to October 1 fih to be Hispanic Heritage Month and call upon the residents of our beautiful city to honor, affirm and celebrate the diversity that makes us stronger. Approval of the September 24, 2024, minutes. Councilor Lampiasi made a motion to approve carried by a unanimous vote of the nine members present. APPOINTMENTS A communication from Mayor Marchetti appointing Theresa Apple to the Berkshire Athenaeum Trustees. Councilor Lampiasi made a motion to approve carried by a unanimous vote of the nine members present. A communication from Mayor Marchetti reappointing Melissa Scarafoni-Metcalf, Kara Graziola, Christine Gregory, and Scott Cowlin to the Council on Aging. Councilor Lampiasi made a motion to approve carried by a unanimous vote of the nine members present. COMMUNICATIONS FROM HIS HONOR THE MAYOR A communication from Mayor Marchetti on a presentation and an update on the rollout of the new trash and recycling collection system. Mayor Marchetti stated they have been working on this for the past week. Review of Phase 1, delivery and pickup of recycling taters arrived on September 10th and the first pick up was on Friday, September 13th• Recycling that was missed due to a variety of reasons was picked up on Saturday, the 14th. All routes had their first collection. They held community meetings prior to the acceptance of the contract at the Senior Center, Conte Community School, and Herberg Middle School. After the acceptance of the contract there were meetings held at the Senior Center, Morning Community School, Berkshire Athenaeum, (presentation provided in Spanish, Williams Elementary School, and Conte Community School. At the First Friday at Five the Commissioner of DPS/DPU & Director of Administrative Services hosted a table to meet with residents. There was another meeting with the Community Navigators. The website has been redesigned with a page directed to Trash and Recycling New Collection Systems in multiple languages. Communication and outreach are on social media, City Hall Facebook page and twitter, CodeRed messaging, press releases, print & digit�I ads, radio ads and video updates with PCTV. They have learned that they needed more time to deliver toters, we have addresses with more or less units than they thought and are updating records. There have been 2,229 additional recycling taters requested, and 500 additional trash toters requested. They are optimistic that recycling rates will increase. Trash toters will roll out on October 14th and will occur route by route. Regarding questions or issues, you can call the mayor's office at 499- 9321 or DPW at 499-9330. Councilor Lampiasi made a motion to accept the presentation. Councilor Warren asked if more taters have been ordered. Ms. VanBramer stated that she and the commissioner meet weekly with Cassella, and they have stock on hand. Councilor Costa thanked the mayor for all the outreach and communication. Councilor Costa asked about toters that have not been claimed. Commissioner Morales stated that 19,600 toters have been delivered, some may be second homes owners or away. They have received 127 requests to remove a toter that was over delivered. Councilor Costa stated that there is a lot we can learn from this in different departments that can help the city in many ways by collecting the data. Councilor Kavey asked if there is a working document that the council could have access to. The Commissioner agreed that they could share this information. Councilor Kavey has concerns about multiple units over four. The commissioner stated that they are working with the Health Department as they keep records on multiple units. The mayor stated that they have been communicating wide and far but they did not reach out to the landlords. They are working with the commissioner and health department to reach out to the landlords. An email was sent out to all landlords from the health department and the commissioner. Councilor Kavey asked about the backyard pickup program and how to provide for it. The commissioner told them to call his office, or the form is online with the requirements. Councilor Persip stated the communication has been great. Councilor Persip asked the mayor if it is possible to get a third toter with a fee. They mayor stated they will charge the same fee for a third provided they are using the recycling toter. Councilor Persip has a resident who has backyard pick up, but they are physically unable to break down the boxes. The mayor stated they can continue to have these conversations to figure out how to help. Councilor Persip has heard stories about over delivering and there should not be a delivery of five to a home. The commissioner stated the deliveries are from the toter company not Cassella and they are getting them back. The trash toters should go smoothly. Councilor Persip asked about the id tag for the toter. The commissioner stated that each household has an id associated with the toter. Councilor Lampiasi made a motion to accept the presentation and place on file carried by a unanimous vote of the nine members present. A communication from Mayor Marchetti on an Order amending the Tax Increment Financing Agreement between the City of Pittsfield and Somnath, LLC. Councilor Lampiasi made a motion to refer to the Finance Committee carried by a unanimous vote of the nine members present. A communication from Mayor Marchetti on an Ordinance amending City Code, Chapter 6, Article XIII Tax Title Agreement. Councilor Lampiasi made a motion to refer to the Ordinances and Rules Committee carried by a unanimous vote of the nine members present. A communication from Mayor Marchetti on an Order for a permanent taking by eminent domain of two parcels of land on Wahconah Street in connection with the Bel Air Dam. Councilor Lampiasi made a motion to approve. Councilor Warren believes this is a good project to move forward and hopes the council will support. Councilor Serre agrees as the Ward 7 Councilor stated this is a critical project for the entire city and we need to approve the takings. The motion to approve was carried by a unanimous roll call vote of the nine members present. A communication from Mayor Marchetti on three (3) Ordinances to update City Code based on the new trash/recycling collection system: Ordinance 1; to amend Chapter 8, Ordinance 2; to amend Chapter 4 ½, and Ordinance 3; to amend chapter 10. Councilor Lampiasi made a motion to refer to the Ordinances and Rules Committee carried by a unanimous vote of the nine members present. Item 15 was taken out of order: A Report from the Ordinances and Rules Committee A Report from the Ordinances and Rules Committee on a petition from the Community Development Board to amend City Code, Chapter 23, Zoning, Article 23-4, Section 4.322(0), recommending to approve 5/0 PUBLIC HEARING A public hearing on a petition to amend City Code, Chapter 23, Section 4.322(0) by updating the use table to reflect the creation of the D-C-D zoning district and removal of the B-D zoning district. Director Justine Dodds stated that this amendment is to correct a clerical error throughout the ordinance making it consistent when we updated our zoning and created the DCD district. The public hearing was opened to the public for the first time, second time, and third time. No one appeared to speak for or against the petition. Councilor Lampiasi made a motion to Ordain carried by a unanimous roll call vote of the nine members present. REPORTS OF COMMITTEES A Report from the Ordinances and Rules Committee Three Reports from the Ordinances and Rules Committee on a communication from Mayor Marchetti on an Ordinance amending City Code, Chapter 16, Human Resources Compensation Schedule: Report 1 RE: Position of the Fire Chief; Report 2 RE: Position of the City Solicitor; Report 3 RE: Position of the Deputy Commissioner Public Services & Utilities, recommending to approve all three positions 5/0. Councilor Lampiasi made a motion to accept the report carried by a unanimous vote of the nine members present. Councilor Lampiasi made a motion to Ordain. Councilor Persip asked why these positions were not put forward earlier in the spring. The mayor stated that the solicitor will be retiring in December, and he will advertise it. There is a large discrepancy between the Police Chief and the Fire Chief. Councilor Persip stated that we need a committee to look at an increase in the Mayors position. Councilor Persip will support. The motion to Ordain was carried by a unanimous roll call vote of the nine members present. Councilor Lampiasi made a motion to accept the second report carried by a unanimous vote of the nine members present. Councilor Lampiasi made a motion to Ordain carried by a unanimous roll call vote of the nine members present. Councilor Lampiasi made a motion to accept the third report carried by a unanimous vote of the nine members present. Councilor Lampiasi made a motion to Ordain. Councilor Persip asked the mayor what the procedure will be to hire. The mayor stated that he, Director Taylor, and the Commissioner will be the hiring committee. The mayor said this is only the beginning of the transformations that will take place in this process. He thanked CommissionerTourocy for his assistance as we compared the responsibilities versus the business manager and what will fit and where. The motion to Ordain was carried by a unanimous roll call vote of the nine members present. A Report from the Ordinances and Rules Committee on a communication from Mayor Marchetti submitting an Ordinance amending City Code, Chapter 2, Administration, Article XL, Youth Commission, recommending to approve 5/0. Councilor Lampiasi made a motion to accept the report carried by a unanimous vote of the nine members present. Councilor Lampiasi made a motion to Ordain. Councilor Persip asked the mayor about working with local youth organizations. The mayor said the makeup is two at the high schools, two at the middle schools, and then one at large. The members of the youth commission shall have an understanding of the needs of the young people in Pittsfield, experience with youth programs, youth organizations or involvement with school community activities without bringing the agencies in to control it. Councilor Costa thanked William Garrity and is very thankful the youth commission is being started up again to show that we value them. The motion to Ordain was carried by a unanimous roll call vote of the eight members present. Councilor Conant had left the meeting. A Report from the Ordinances and Rules Committee on a communication from Mayor Marchetti to accept MGL, Chapter 59, Section 5, Clause 221 per the HERO Act, recommending to approve 5/0. Councilor Lampiasi made a motion to accept the report carried by a unanimous vote of the eight members present. Councilor Lampiasi made a motion to Ordain (approve). Councilor Warren will support as he and Councilor Conant put in a position. He asked the mayor about another section to match and why it was not implemented. The mayor stated he met with the Finance Director and Chief Assessor, and they decided to move this part forward. Councilor Warren would like to look at this further in the future. The motion to approve was carried by a unanimous roll call vote of the eight members present. A Report from the Ordinances and Rules Committee on a petition from Dan Miraglia requesting to change open mic from three minutes to five minutes, recommending not to approve 5/0. Councilor Lampiasi made a motion to accept the report carried by a unanimous vote of the eight members present. Councilor Lampiasi made a motion to approve for the purpose of discussion. Councilor Lampiasi said they had a long discussion at the Ordinances and Rules committee, and they were concerned that the duration of time that would add to the meetings. She did not think lengthening the amount of time would improve communication. Councilor Costa said this is a healthy conversation to have. There are no two way conversations during open mic as councilors are not able to respond. She encouraged residents to reach out to councilors to discuss in more depth. The motion to approve failed 0/8. The following remained tabled. UNFINISHED BUSINESS A communication from Solicitor Pagnotta on a communication from Director Cambi with a code enforcement update on 53 Roberts Street (Tabled from February 27, 2024) MATTERS TENTATIVELY REFERRED BY THE PRESIDENT UNDER RULE 27 Referred to the Ordinances and Rules Committee A petition from the Community Development Board to amend City Code, Chapter 23, Article 23-6 "Floodplain District" Referred to the Traffic Commission A petition from Councilor Wrinn requesting a stop sign at the corner of Ontario Street and Elm Street A petition from Councilor Conant requesting to establish an eight feet long no parking zone in front of entry stairs at 180 Appleton Avenue Referred to the Commissioner of Public Services A petition from Patrick Mclaughlin requesting to impose a 5-year moratorium/ban on cutting open and excavating newly paved roads At 7:19 p.m., Councilor Lampiasi moved to adjourn, and it was carried by unanimous vote of the eight members present. A true record, attest: Michele M. Benjamin, City Clerk THE CI1Y OF PI1TSFIELD OFFICE OF THE MAYOR 70 Allen Street, Pittsfield, MA O 1201 (413) 499-9321 • pmarchetti@cityofpittsfield.org Peter M. Marchetti Mayor October 15, 2024 To the Honorable Members of the City Council City of Pittsfield 70 Allen Street Pittsfield, MA 01201 Dear Councilors, Submitted herewith for your consideration is an Order to accept a grant of funds in the amount of $73,147.00 from the Massachusetts lnterlocal Insurance Association. Respectfully submitted, Peter M. Marchetti, Mayor PMM/bmw Enclosure CITY OF PITTSFIELD OFFICE OF DIRECTOR OF FINANCE AND ADMINSTRATION, CITY HALL, 70 ALLEN STREET, PITTSFIELD, MA 01201 (413) 499-9466 October 15, 2024 Honorable Peter M. Marchetti, Mayor City Of Pittsfield 70 Allen Street Pittsfield, MA O1201 Dear Mayor Marchetti: Submitted for your consideration, is an authorization requesting the City of Pittsfield to accept a grant of funds from the Massachusetts Interlocal Insurance Association. The grant is to assist with the installation of security cameras at all the city's firehouses and at the two splash pads that were vandalized last winter. Any funds required for this project in excess of the grant amount will come from the City's Capital Improvements line item in the Unclassified budget. Finan Director CC: Thomas Sammons, Fire Chief Brian Filiault, Building Maintenance Director C!Cttp of �ttt�ftelb No.--- M A S S A C H U S E T T S IN CITY COUNCIL AN ORDER AUTHORIZING THE CITY OF PITTSFIELD TO ACCEPT A GRANT OF FUNDS FROM THE MASSACHUSETTS INTERLOCAL INSURANCE ASSOCIATION TO THE CITY OF PITTSFIELD Ordered: That the City of Pittsfield, by and through its Mayor and City Council, is hereby authorized to accept a grant of funds in the amount of Seventy Three Thousand One Hundred and Forty Seven Dollars ($73,147) from the Massachusetts Interlocal Insurance Association and that said funds may be expended pursuant to Massachusetts General Laws, Chapter 44, Section 53A. M 11A I Nonprnlil Locally based Member driven Serving Massachusetts communities since 1982 October 3, 2024 Matthew Kerwood Finance Director City of Pittsfield 70 Allen St. Pittsfield, MA 01201 Dear Matthew, In follow up to your Flex Grant request, enclosed is a check for $73,147 which covers the cost of the following risk management related seNices/equipment: • Installation of external video cameras at city's fire houses and 2 recently vandalized parks. Please note funding for the Flex Grant comes from Rewards earned by your municipality in the FY24 policy year. We understand that these grant funds will be handled according to standard grant procedure. We appreciate your participation in the program and hope that these funds will assist you in your proactive risk management efforts. If you have any questions, please do not hesitate to contact me. Sincerely, 111� Lin Chabra, MIIA Senior Risk Management Manager MIIA � MIIA Flex Grant Program Application Rewards Prevent. Protect. lncent. Fiscal Year 2025 (7/1/24 - 6/30/25) Through participation in the MIIA Rewards Program members are awarded credits for engaging in proactive risk management activities. These credits can be applied in the following fiscal year. FY24 Rewards credits may be used for a FY25 Flex Grant, to pay FY25 premium, or held on account. Flex Grants allow members to select risk management products or related services to assist their municipalities with risk management efforts. Members may request only ONE Rewards Flex Grant per fiscal year. (Please note: the New 1 % Incentive Reward cannot be applied as a Flex Grant). Eligible items for consideration under the MlIA Flex Grant: • Building Maintenance: HVAC maintenance, mechanical • Program Policy Development: pavement management failure/water connection, maintenance and replacement, program, Mass Lead Containment Control Plan, Behavioral pipe and sprinkler freeze protection and sensor program Safety De-escalation Plan, and Discrimination Prevention Plan implementation, etc. • Remediation/Removal: asbestos, lead, mold, underground • Building Vulnerability Testing: roof insulation and overall tanks, floor drains, hazardous waste building envelope conditions • Repairs: roofs, gutters, walkways, stairs, lighting, playground • Cyber Risk Protection: assessments, backup systems, multi­ equipment and replacement of safety surfacing factor authentication, endpoint or managed detection and • Services: tree pruning/removal, catch basin cleaning, sewer response, training and governance video/cleaning, parking lot paving, sidewalk repairs • Diversity, Equity and Inclusion: programs and training • Training: safety, liability, management and technical training • Equipment: generators, automatic external defibrillators, • Video Cameras: installation/expansion of video observation two-way radios, GPS, tablets, street signs, etc. cameras and recurring security monitoring fees, body • Ergonomic Equipment: desks, chairs, monitor stands, etc. cameras and dash cameras • Personal Protective Equipment: turnout gear, chaps, eye protection, gloves, hard hats, rain gear, etc. MIIA Rewards Grant Designation Total earned FY24 MIIA Rewards credit ----------- $ 73, 147 Amount eligible for FY25 MIIA Rewards Flex Grant $ _7_3_,1_4_7_____________ (Amount eligible for MIIA Rewards Flex Grant up to 100% of Rewards credit-excluding the New 1% Incentive Reward.) Amount to be applied for FY25 MIIA Flex Grant $_7_3_,1 _4_7________ MIIA Member: Pittsfield --------------------- Contact Person Matthew Kerwood Phone 413-499-9376 ----�------�------------ Email mkeiwood@cityofpittsfield.org Purpose and Description of Grant: Summarize what you plan to do, who will do it, and when it will be done. The installation of external video observa ion cameras at each of the cit 's fire houses and at within the two city parks that have splash pads that were vanadilzed last winter resulting in a claim being filled to funds the extensive repairs that were required. Grant Amount: $73, 147 Submit formal vendor estimate covering cost per item/training/consultation If approved a check will be processed and sent to the attention of the grant contact person listed on the application. The funds should be handled in accordance with your municipality's grant handling process. Chief Executive Officer and Chief Procurement Officer must sign the grant application attesting to the above. By signing and submitting this application, I (we) attest that all applicable state and local purchasing regulations and guidelines have been followed. Print: Colleen Hunter-Mullett Date: 9/10/2024 Date:9/10/2204 Application must be submitted to miiaflexgrant@mma.org by May 30, 2025. Questions: Lin Chabra at lchabra@mma.org or 617-838-5941 5/31/24 MIIA Nonprofit Locally based Member driven servlng: Massachusetts communities since 1982 Flex Grant Check Request Date: 10/09/24 Invoice# 07/24MIIAReFPittsfield Descr: 07/01/24 MIIA Rewards Available(Flex Grant) Member: Matthew Kerwood Finance Director City of Pittsfield 70 Allen St. Pittsfield, MA 01201 07/01/24 MIIA Rewards $73,147.00 Available for Flex Grant $73,147.00 Verified available by Pam C Total Requested for Flex Grant_l ____$_7_3_,_1_7_ _.4o_o_l Previously Applied $0.00 07/01/24 MIIA Reward Credit Still Available $0.00 THE CITY OF PITrSFIELD OFFICE OF THE MAYOR 70 Allen Street, Pittsfield, MA 01201 (413) 499-9321 • pmarchetti@cityofpittsfield.org Peter M. Marchetti Mayor October 15, 2024 To the Honorable Members of the City Council City of Pittsfield 70 Allen Street Pittsfield, MA 01201 Dear Councilors, Submitted herewith for your consideration is an Order to accept a grant of funds in the amount of $59,977.50 from the Massachusetts Executive Office of Public Safety and Security's National Traffic and Safety Administration for the FY25 Municipal Road Safety Program. Respectfully submitted, Peter M. Marchetti, Mayor PMM/bmw Enclosure CITY OF PITTSFIELD POLICE DEPARTMENT POLICE HEADQUARTERS, 39 ALLEN STREET, PITTSFIELD, MASSACHUSETTS 01201 (413) 448-9700, FAX (413) 448-9733 OFFICE OF THE CHIEF OF POLICE (413) 448-9717 PROFESSION ALISM • ETHICS • INTEGRITY • SENSITIVITY • ACCOUNTABILITY October 9, 2024 Honorable Peter Marchetti Mayor-City of Pittsfield 70 Allen St Pittsfield, MA 01201 Dear Mayor Marchetti, Submitted for your consideration is an authorization requesting that the City of Pittsfield accept a FY25 Municipal Road Safety Program Grant in the amount of $59,977.50 from the Massachusetts Executive Office of Public Safety and Security-National Highway Traffic Safety Division to the Pittsfield Police Department. Respe/fully submitted, �lhR> c. Thomas C. Dawley Chief of Police c: Matthew Kerwood, Director of Finance Rahel Jingst, City Accountant "DEDICATED TO EXCELLENCE" ((ttp of ii ttt�fitlb No. - - - M A S S A C H U S E T T S IN CITY COUNCIL AN ORDER AUTHORIZING THE CITY OF PITTSFIELD TO ACCEPT A FY25 MUNICIPAL ROAD SAFETY PROGRAM GRANT OF FUNDS IN THE AMOUNT OF $59,977.50 FROM THE MASSACHUSETTS EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY- NATIONAL HIGHWAY TRAFFIC SAFETY DIVISION Ordered: That the City of Pittsfield, acting through its Mayor and City Council, and pursuant to M.G.L. Chapter 44, Section 53A, is hereby authorized to accept a FY25 Municipal Road Safety Program Grant in the amount of $59,977.50 from the Massachusetts Executive Office of Public Safety and Security-National Highway Traffic Safety Division to the Pittsfield Police Department. The Commonwealth of Massachusetts Executive Office of Public Safety and Security Office of Grants and Research 35 Braintree Hill Office Park Braintree, MA 02184 Tel: (617) 725-3301 MAURA T. HEALEY TERRENCE M. REIDY Governor Fax: (617) 725-0260 Secretary KIMBERLEY DRISCOLL KEVIN STANTON Lieutenant Governor Executive Director September 24th, 2024 Thomas Dawley Chief of Police Pittsfield Police Department 39 Allen St. Pittsfield, MA 0 1201 Dear Chief Dawley, I am pleased to inform you that the Pittsfield Police Department has been awarded $59,977.50 for its Municipal Road Safety Program. The funding for this project was made possible by the National Highway Traffic Safety Administration. All the necessary documents, including the Standard Contract Form, are enclosed. Please note your official start date will be the date that your returned contract is signed and dated by OGR. Costs incurred prior to the date the contract is fully executed by OGR will not be eligible for reimbursement. If you or your staff have any questions, please feel free to contact Taylor Keown, Program Coordinator, at Taylor.Keown@mass.gov or 781-535-0065. Congratulations on your award and we look forward to working with your department to improve traffic safety in Massachusetts. Sincerely, Kevin J. Stanton Executive Director Enclosure OFFICE OF THE GOVERNOR COMMONWEALTH OF MASSACHUSETTS STATE HOUSE BOSTON, MA 02133 (617) 725-4000 MAURA T. HEALEY KIMBERLEY DRISCOLL GOVERNOR LIEUTENANT GOVERNOR September 24th, 2024 Thomas Dawley Chief of Police Pittsfield Police Department 39 Allen St. Pittsfield, MA 01201 Dear Chief Dawley, Congratulations! We are pleased to inform you that the Pittsfield Police Department has been awarded $59,977.50 in National Highway Traffic Safety Administration funds from the Office of Grants and Research (OGR) to support the Municipal Road Safety Program. Additional correspondence, including all the documents necessary to execute this grant award will be forthcoming. If you or your staff have any questions, please feel free to contact Taylor Keown, Program Coordinator, at Taylor.Keown@mass.gov or 781-535-0065. Once again, congratulations and thank you for the work you do to keep Massachusetts roads safe for everyone. Sincerely, Governor Maura T. Healey Lt. Governor Kimberley Driscoll Attachment B - Budget Worksheet FFV 2025 Municipal Road Safety Grant (MRS) Name of Applicant Pittsfield Police Dept. Organization Cost Categories Federal Costs Traffic Safety Enforcement (TE) Overtime Is 41,700.00 r !Traffic Safety Equipm�nt /s S,277.S0 I I Ped & Bike Enforcement Overtime Is 9,000.00 I I Non-Enforcement Safety Activities js 4,000.00 I IPed & Bike Safety Items Is I IFringe Benefit Costs /s I /indirect Costs Is I Total Costs Is 59,977.so ! FFY2025 Municipal Road Safety (MRS) Grant Program Application Massachusetts Office of Grants and Research (OGR), Highway Safety Division Introduction The Executive Office of Public Safety and Security's (EOPSS) Office of Grants and Research (OGR) will make available up to $5.5 million in FFY2025 National Highway Traffic Safety Administration (NHTSA) grant funding. OGR is the State Administering Agency for traffic safety grants provided by NHTSA. Applicant Eligibility Massachusetts municipal law enforcement departments are eligible to apply to address local traffic safety issues, allowing funding beyond enforcement to include equipment options and developing novel traffic safety programs. The goal is to support traditional enforcement activities and develop new strategies to reduce roadway crashes, injuries, fatalities, and associated economic losses in Massachusetts. The FFY2025 AGF opportunity will continue to support all Municipal Road Safety (MRS) program elements - Traffic Enforcement & Equipment, Pedestrian & Bicyclist Enforcement, and Non-Enforcement Traffic Safety Activities & Items. For more details, please review the Availability of Grant Funds on our website. Key Dates AGF Posted: Thursday, May 30th, 2024 Application Due: Monday, July 1st, 2024 at 9:00 am Anticipated Award Announcements: October 2024 Performance Period: November 2024 to September 15th, 2025 Please email all questions related to this application to OGR.MRS@mass.gov. Please register for FFY25 Municipal Road Safety Technical Assistance Webinar on June 6, 2024 1 :00 PM EDT at: https://attendee .qotowebinar.com/register/421090302512809306 After registering, you will receive a confirmation email containing information about joining the webinar. Directions Please complete all sections in this application. The "Save" feature at the bottom of each page allows you to save your responses and provides you with a unique link to return at a later time without losing any information you have entered. Once you have completed all relevant sections in the application, click the "Submit" button. Please note that once you submit the application, you will not be able to edit your responses. Applicant Name Pittsfield Police Department Applicant Address 39 Allen St., Pittsfield, Massachusetts 01201 Authorizing Official Contact Name Marc Maddalena Job Title Lieutenant Email Phone memaddalena@cityofpittsfield.org (413) 448-9700 Is the Agency Head Contact mailing address the same as the agency address? Yes Grant Point of Contact Name Marc Maddalena Job Title Lieutenant Email Phone memaddalena@cityofpittsfield.org (413) 448-9700 Is the Grant Point of Contact mailing address the same as the agency address? Yes Fiscal Point of Contact Name Margaret Gregory-Bilotta Job Title Grant Administrator Email Phone mgregory@cityofpittsfief d.org (413) 448-9700 Is the Fiscal Contact mailing address the same as the agency address? Yes Currently Registered in SAM Do you have a UEI number? Yes Yes Is the UEI number below correct? Yes UEI Number QNFHE94W5396 Is your department participating in the Motor Vehicle Automated Citation and Crash System (MACCS) program? Yes Which elements of the MRS are you applying for? Traffic Safety Enforcement Traffic Safety Equipment Pedestrian and Bicyclist Enforcement Non-Enforcement Traffic Safety Activities Program Description Provide a clear and concise description of your department's philosophy and commitment to all aspects of road safety. Also include: • How these grant funds will augment your existing efforts to reduce roadway crashes, injuries, fatalities, and associated economic losses. • How MRS funds awarded to your department in FFY2024 or prior have had an impact on your community (if applicable). If you have not received MRS funds in the past, please state that you have not received MRS funds previously. Description The City of Pittsfield and the Pittsfield Police Dept. renewed its commitment to traffic safety 15 years ago when it re-established a full time traffic unit after approximately 20 years of not having this dedicated unit. Unfortunately, due to manpower, this unit, while still in existence, has now been absorbed back into patrol. Prior to being absorbed, the traffic unit was made up of four officers and a Sgt. with two assigned to days and two on evenings. Their primary purpose was to enforce motor vehicle and pedestrian safety and augment patrol only when needed. We are hopeful that this unit can become a separate entity once again to focus on traffic related issues, but with a level funded budget and young officers seeking employment elsewhere, the hope of having enough sworn members to allow for a standalone traffic unit remains bleak. Currently with these officers as part of patrol, they still maintain their traffic unit status and focus on traffic enforcement when on shift and between calls for service. When shift staffing allows, (more then 6), the traffic unit officers are assigned to their traffic enforcement beats to spend their shifts solely on traffic safety and enforcement. As such, with these officers and a full time traffic Sgt. we are able to dedicate well over 20 hours a week to traffic enforcement. The philosophy of traffic safety for this department has remained the same. It is not for revenue generating as some citizens may argue. The philosophy and purpose behind traffic safety is to change the driving behavior within the city of Pittsfield to make the roadways safer for drivers, pedestrians, and cyclists. We have done this through public awareness campaigns, recognition of infrastructure problems, technology, police visibility, as well as enforcement. Through public awareness campaigns, we have utilized our department's Facebook and Twitter pages to promote our campaigns. We have also worked with our local radio stations for on air discussions and public service announcements. We have also utilized our elementary schools to assist in creating and posting artful speed limit signs on school zone roadways to remind drivers of the speed limits on these roadways. We received great feedback from the community from this project as the colorful signs stood out and the fact that they were created by our community's children resonated well with the motoring public. Our city partners to include engineering and planners have also recognized the shortfalls of the simple solution of just enforcement of our roadways. We have worked with this group in recognizing and providing possible solutions to roadways that were prevalent for speeding, crashes, or that had been dangerous for pedestrian and bicycle traffic. We have also rectified several roadways with sight line issues to make for safer conditions in addition to installing new or updating old signage to assist operators on our roadways. In many instances, the best and most efficient way to attempt to rectify driving behavior is through structural changes that force vehicles to operate at slower speeds such as choke points or bump outs, narrow lanes, or even speed bumps, speed divots, or rumble stripping if possible. Like many departments around the state, one of our biggest challenges is responding to the many requests for speed enforcement on roadways. Many of these roadways are tertiary roadways within our community that placing an officer on for extended period of times simply is not practical. In using technology such as our traffic counter, we are able to, first of all, confirm that there is a speeding issue on the roadway, and if so, secondly to recognize the days and times that it is most prevalent to utilize officer's enforcement time more efficiently. The reports that are generated from our traffic data recorder are shared openly with the residents and their respective city councilors to validate or invalidate the complaints and are always met with much appreciation and enlightenment. Our most significant problem area within the City of Pittsfield is of course speeding. As the Traffic Unit Sgt. the majority of complaints that I receive involve concerns over speeding. Pittsfield is the hub of Berkshire County with the main roadways intersecting through this city to access either north or south-county via route 7/20, rte 8 or rte 9. These roadways are the scenes of our more significant crashes, not just in numbers, but in injury severity as well due to the higher speeds and vehicle volume. Based on our statistics and experience, we know that these roadways are where the larger percentage of our crashes are going to be and thus require the majority of our focus and attention in regards to enforcement. Subsequently, the majority of our speeding citations are as the result of infractions on these roadways. The challenge is always how to balance enforcement on these several major roadways along with having a presence on the residential roadways. This is where we are able to utilize our speed trailers and pole mounted speed signs. We are able to deploy these signs throughout the city on these lesser traveled roadways as a means of awareness for operators and to accommodate the residents. These signs have been invaluable to this department and subsequently the requests for their presence are overwhelming. In addition to speeding, another significant problem area within our city is that of pedestrian safety. This area of concern is twofold as that for as many vehicle violations as we see for failure to stop for pedestrians in crosswalks, we see just as many if not more jay walking violations. This city has gone to great lengths in the redesign of our down town to create a pedestrian friendly environment. The city has reduced the downtown roadway from 2 lanes in both direction to a single lane in either direction. The city has also incorporated "bump outs" as well as flashing pedestrian signal lights to assist motorists in recognizing pedestrians. In addition, in conjunction with this department, poorly lit roadways areas have also been identified and marked for improvement for pedestrian safety. With the roadways more chaotic now than ever with cars, bicycles, ebikes, scooters, pedestrians, cyclists, distracted driving, road rage driving, etc all happening on our roadways simultaneously, traffic safety is more important than ever. We need to continue to attempt to change driving behavior and make our roadways safer for all. But in addition to this, traffic safety allows for community interaction and with the environment of policing being what it is today, and how it is viewed, these interactions can go a long way in confirming or changing a citizen's perception of their department and policing as a whole. The ability to recognize an infraction and communicate this infraction with a citizen in a positive and respectful manner will hopefully translate into future awareness for that operator. Even more so, that interaction with a member of the community can go a long way in developing a level of trust or respect with that particular officer that may benefit both in the future. That past interaction could make de-escalating a potential future interaction more likely if an individual recognizes a familiar face that they had a positive encounter with previously. The formula for traffic safety is twofold. The first being that of recognizing structural flaws of our roadways and of possible enhancements that can improve upon the safe driving conditions of those roadways. Secondly, is the increased enforcement and presence to result in higher awareness and compliance thus resulting in a reduction in speeding and collisions making for safer roadways. Awareness and compliance needs to be achieved through partnership with our citizens and not necessarily through punishment of our citizens. These roadway interactions are what build these partnerships and mutual respect. While motor vehicle stops are law enforcing activities and are always conducted with officer safety in mind, the opportunities that these citizen contacts bring can be far reaching in improving community relations. Crash Data Crash Category 2021 2022 2023 Total Fatal Crashes 3 1 5 Total Serious Injury Crashes 14 20 15 Total Alcohol Suspected Crashes 29 34 23 Total Speed Related Crashes 8 14 15 Number of Pedestrian Crashes 14 21 19 Number of Pedestrian with Serious Injuries 4 4 3 Pedestrian Crashes with Fatalities 0 0 3 Number of Bicyclist Crashes 12 17 15 Number of Bicyclist Crashes with Serious Injuries 0 3 5 Number of Bicyclist Crashes with Fatalities 0 1 0 Total Crashes involving a driver 'manually operating or talking on 12 7 9 a hand-held electronic device' Total crashes involving a driver contributing circumstances is 81 88 102 'Inattention' or 'Distracted' and distraction is 'Not Reported' or 'Unknown' No Safety System Used - Fatal Injury & Serious lnury 2 6 3 Blank/Unknown - Fatal Injury & Serious Injury 5 1 0 Internal Data Categories 2021 2022 2023 OUI Alcohol and Drug Arrests 51 59 56 Seat belt citations 44 31 42 Speeding citations 983 903 1187 Distracted driving citations 112 131 483 Failure to yield to pedestrian in crosswalk citations 183 156 275 *Distracted driving shall include the following: Improper use of Phone/Electronic Device, Texting, and Impeded Operation Measurable Target Objectives Measurable Target Objectives Objective Number Description Objective 1 It was a confusing year for pedestrian related incidents. While our cites went up significantly due to increased enforcement for crosswalk violations and our pedestrian crashes went down slightly, unfortunately our serious and fatal crashes involving pedestrians went up. Our goal would be to have these serious crashes go down along with ped crashes entirely. Objective 2 We have been unable to make an impact in regards to OUI offenses over the last three yeas as we have remained consistent with these numbers. We would like to see a 10% reduction in OUI offenses. Objective 3 Crash data retrieval and analysis certification for one officer Road Safety Trends Identify three problematic road safety trends that exist in your community (either crash or citation­ related) pertaining to demographics, location, day of the week, and/or time of day. • Trends must relate to the elements being requested. • Trend Examples: o Our data shows distracted driving citations are issued on Main St twice as often compared to the rest of the town and issued one and a half times more frequently after 4PM. o Our data shows 3 pedestrians over the age of 60 were struck by vehicles in 2022. o Our CPS Technician saw a 60% misuse rate on car seats that the department checked last year. Road Safety Trends Trend Number Description Trend 1 Of our five (5) fatals, three (3) involved pedestrians that were struck by elderly drivers. We would like to attempt to address this issue and reduce this number. Trend 2 We had a drastic increase in citations issued for distracted driving throughout the city as well as an increase in crashes due to distracted driving. Trend 3 We also saw a significant increase in crosswalk violations compared to the previous two years. Non-Enforcement Traffic Safety Activities For Non-Enforcement traffic safety activities, provide the following details for each budgeted activity: • Describe the activity, where it will take place, who will be involved, and what will their role{s) be. • Describe why you are proposing to conduct this activity and what you hope to accomplish. • Please be as specific as possible when describing activities involving presentations regarding the topics to be covered (i.e. bike safety presentation for the elementary school or pedestrian safety presentation at the senior center). Note: Please refer to Page 13 of the A GF for some examples of eligible Non-Enforcement traffic safety activities. Non-Enforcement Traffic Safety Activities Activity Number Activities Activity 1 professional development trainings for crash reconstruction members. We have a new member who has received is crash reconstruction certification this year thanks to the MRS24 Grant in which we budgeted this training. This officer will need continued training in the area of crash data collection and analysis which we will get him through this grant as well. Activity 2 set up two separate forums at our local senior center to discuss seasoned drivers and the challenges they face today. This would be in response to the fact that three (3) of our fatal pedestrian crashes this year involved elderly drivers. This forum would be hosted by our senior center, but presented by a traffic officer. The cost of this officers time would be paid for by this grant if accepted. Traffic Equipment For requesting traffic equipment, provide the quantity of the type of equipment being requested. You must also provide the quantity and approximate age of your current inventory. Explain how the equipment requested will augment the planned enforcement. Give justification for the need and how/where the equipment will be used. • Example A: The department has no data recorders and will post them on streets A, B, and C in order to... • Example B: The department would benefit from new Handheld Radar units to enforce speed and reduce crashed caused by speed in areas X, Y, and Z. If you are not requesting a specific type of equipment, please put "N/A" in the "Current Inventory" section, a "O" in the "Requested" section and "N/A" in the "Justification" section. Note: OGR reserved the right to adjust an equipment award ifjustification is inadequate or not provided. If unal/owable items are listed, the funding will be denied, and the department will not have the opportunity to update with allowable items. Handheld Radar: Current Inventory Requested n/a 0 Justification n/a Handheld LiDAR: Current Inventory Requested n/a 0 Justification n/a Pole-Mounted Radar Speed Sign: Current Inventory Requested 5 avg age is approx 3 years old 1 Justification We have positive feed back from both our citizens as well as city government in regards to these speed signs. The requests for these signs on specific streets is difficult to keep up with, despite our efforts to move them around. An additional unit would be very helpful and has been requested by our city council. Traffic Data Recorder: Current Inventory Requested n/a 0 Justification n/a Preliminary Breath Test (PBT) Instruments: Current Inventory Requested n/a 0 Justification n/a Timeline Provide a timeline of the Element(s) activities/deliverables by writing in the activity corresponding to each month your department will be participating. • For Traffic and Ped & Bike enforcement, indicate the type of enforcement and total hours planned in the corresponding month. • For equipment or safety items, enter the item you plan to purchase in the appropriate month. Traffic Equipment and Safety Items must be received by April 30, 2025. • For Non-Enforcement Activities, enter the name of the activity in the appropriate month. Element(s) Timeline Month Enforcement Activity Purchase Equipment / Planned Non- Safety Items Enforcement Activity November P&B enforcement (60 Seasoned Drivers Forum hours) December Traffic 139 hours January Purchase Radar Sign February Crash Recon Course March P&B 60 hours April Traffic 139 hours Crash Recon Course May Traffic 139 hours Seasoned Drivers Forum June Traffic 139 hours July Traffic 139 hours Aug-Sep 15th Traffic/P&B 139/60 hours Public Participation & Community Engagement The Office of Grants and Research is interested in participating in upcoming community events (Open House, Touch-A-Truck, Community Presentations, etc.) in an effort to increase our outreach and further educate the public about various Highway Safety Division programming and how it can benefit them. If your department is interested in having OGR participate in an event, we ask that you please provide any community engagement activities (Type of Event, Date, etc.) that your department and/or city or town are actively engaged in or are planning to conduct during the upcoming FFY2025 grant cycle in the textbox below. This department conducts a National Night Out festival every August. While I do not know the date at this time, we can certainly forward that to you as the time draws near. Budget Dollar amount of funding requested in your application $59,977.50 Budget Narrative Summary: The budget narrative shall provide a thorough justification on the basis of each proposed cost category in the budget. Please describe each cost category, the amount requested for the category, and the purpose of the cost/purchase. All costs must be justified in this section. $41,700.00 for Traffic Enforcement. (Six mobilizations at $6950 per mobilization at an avg of $50/hour for each officer is 139 hours per mobilization) $9,000 for ped and bike enforcement (Three mobilizations at $3000 per mobilization at an avg of $50/hour for officer is 60 hours per mobilization) $4,000 for non-enforcement activities. (Two crash data courses as well as for at least two forums for elderly drivers) $5,277.50 for equipment (one pole mounted speed sign.) Does the applicant have a federally approved indirect cost rate? No Will the applicant be requesting the de minimis rate? No Document Upload Attachment B: Budget Excel Worksheet Form (Summary and Details sheets} FFY25 MRS Attachment 8_06042024.xlsm Organization's Overtime Policy SKM_C650i24061214200.pdf Traffic Safety Equipment Quotes Quote_2090280.pdf Additional Materials Authorizing Official Signature As the Authorizing Official of Pittsfield Police Department, the Pittsfield Police Department hereby acknowledges the terms and conditions as identified in the FFY2025 Municipal Road Safety (MRS) Avilablility of Grant Funding. The Department understands and agrees that a grant received as a result of this application process is subject to the regulations governing highway safety projects and grant administrative requirements and agrees to comply with all applicable Local, State, and Federal rules and regulations. I hereby acknowledge that if purchasing equipment and/or safety items, the Department will comply with all grant contract requirements and related state and federail guidelines as they pertain to the purchasing of allowable equipment and/or safety items. The Department understands and agrees that any items approved for purchasing will be used specifically for the purposes as set forth in conjunction with the FFY2025 MRS grant program. I hereby acknowledge that funding is contingent upon the availability of federal NHTSA funds, and certify if awarded, that these federal funds will not supplant any other funds currently made available to the Department. By signing below, I hereby acknowledge having read and understand all FFY2025 MRS grant administration requirements and agree to comply with the best of the Department's ability. Name of Applicant Pittsfield Police Department Authorizing Official Name Marc Maddalena Job Title Lieutenant Signature Date 6/12/2024 The confirmation email will go to the grant contact at this email: memaddalena@cityofpittsfield.org IF THIS IS INCORRECT PLEASE RETURN TO THE TOP OF THE PAGE AND UPDATE THE ADDRESS. COMMONWEALTH OF MASSACHUSETTS~ STANDARD CONTRACT FORM This form is jointly issued and pubnshed by the Office of the Comptroller (CTR), the Executive Office for Administration and Finance (ANF), and Ille Operational Services Division (OSD) as the default contract for all Commonwealth Departments when another form is not prescribed by regulation or policy. The Commonweallh deems void any changes made on or by attachment (in the form of addendum, engagement letters, contract forms or invoice terms) to the terms in this published form or to the Standard Contract Form Instructions and Contractor Certifications, the Commonwealth Terms and Conditions for Human and Social Services or the Commonwealth IT Terms and Conditions which are incorporated by reference herein. Additional non-conflicting terms may be added by Attachment. Contractors are required to access published forms at CTR Forms: https://www.macomptroller.org/fonns. Forms are also posted at OSD Forms· httos·//www mass oov/lisls/osd-forms CONTRACTOR LEGAL NAME: Town/City of Pittsfield Police Department COMMONWEALTH DEPARTMENT NAME: Executive Office of Public Safety & (and d/b/a): Security, Office of Grants & Research MMARS Department Code: EPS Legal Address: (W-9, W-4): 70 ALLEN ST, PITTSFIELD, MA 01201-6250 Business Mailing Address:35 Braintree Hill Office Park, Suite 302 Braintree, MA 02184 Contract Manager: Marc Maddalena IPhone:(413) 448-9700 Billlng Address (if different): E-Mail: memaddalena@cityofplttsfield.org (Fax: Contract Manager: Denise Brown I Phone: 781-535-0069 Contractor Vendor Code: VC6000192129 E-Mail: Denise.M.Brown@mass.gov I Fax: Vendor Code Address ID (e.g. "AD001 "): AD001 MMARS Doc ID(s): 2025MRSPPITTSFIELDXX (Note: The Address ID must be set up for EFT payments.) RFR/Procurement or Other ID Number: BD-24-1044-EPS11-10440-103769 ..L NEW CONTRACT CONTRACT AMENDMENT PROCUREMENT OR EXCEPTION TYPE: (Check one option only) Enter Current Contract End Date f!iR!. to Amendment: __, 20_. _ Statewide Contract (OSD or an OSl)-{jesignaled Department) Enter Amendment Amount: $ ___. (or 'no change") _ Collective Purchase (Attach OSD approval, soope, budget) AMENDMENT TYPE: (Check one option only. Attach details of amendment changes.) .JLDepartrnent Procurement �ncludes all Granls - 815 CMR 2.00) (Solic�ation _ Amendment to Date, Scope or Budget (Attach updated scope and budget) Notice or RFR. and Response or other procurement supporting documentation) _ Interim Contract (Attach justification for Interim Contract and updated scope/budget) _ Emergency Contract (Attach justification for emergency, scope, budget) _ Contract Employee (Attach Employment Status Form, scope, budget) _ Contract Employee (Attach any updates to scope or budget) _Other Procurement Exception (Attach authorizing language, legislation with _Other Procurement Exception (Attach authorizing language/justification and updated specific exemption or earmark, and exception justification, scope and budget) scope and budget) The Standard Contract Form Instructions and Contractor Certifications and the following Commonwealth Terms and Conditions document are incorporated by reference into this Contract and are legally binding: (Check ONE option): .JL Commonwealth Terms and Conditions Commonweallh Terms and Conditions For Human and Social Services Commonwealth IT Terms and Conditions COMPENSATION: (Check ONE option): The Department certifies that paymenls for authorized performance accepted in accordance w� the terms of lhis Contract will be supported in the state accounting system by sufficient appropriations or olher non-appropriated funds, subject to intercept for Commonwealth owed debls under 815 CMR 9.00. _ Rate Contract (No Maximum Obligation) Attach details of all rates, units, calculations, conditions or terms and any changes if rates or terms are being amended.) X Maximum Obligation Contract. Enter total maximum obligation for total duration of this oontract (or new total if Contract is being amended). $ �59,977.50. PROMPT PAYMENT DISCOUNTS (PPD): Commonwealth payments are issued through EFT 45 days from invoice receipt. Contractors requesting accelerated payments must identify a PPD as follows: Payment issued within 10 days_% PPD; Payment issued within 15 days_% PPD; Payment issued within 20 days_% PPD; Payment issued within 30 days _% PPD. If PPD percentages are left blank, identify reason: .JLagree to standard 45 day cycle_ statutory/legal or Ready Payments (M.G.L. c. 29. § 23A); _ only initial payment 7subAAnuent navmenls scheduled to suooort standard EFT 45 dav oavment cvcle. See Promo! Pav Discounls Policv.l BRIEF DESCRIPTION OF CONTRACT PERFORMANCE or REASON FOR AMENDMENT: (Enter the Contract ti�e. purpose, fiscal year(s) and a detailed description of the scope of performance or what is being amended for a Contract Amendment. Attach all supporting documentation and justifications.) FFY2025-Municipal Road Safety Program PT-25-05-122 F402BIL/80000402- $59,977.50 Assistance ListinQ# 20.600 ANTICIPATED ST ART DATE: (Complete ONE option only) The Department and Contractor certify for this Contract. or Contract Amendment, Iha! Contract obligations: _ 1. may be incurred as of the Effective Date (latest signature date below) and no obligations have been incurred J!!iQr to the Effective Date. � 2. may be incurred as of _lllL, 2024_, a date LATER than the Effective Date below and no obligations have been incurred fil!m:to Ille Effective Date. _ 3. were incurred as of __, 20 _, a date PRIOR to the Effective Date below, and the parties agree lhat paymenls for any obligations incurred prior to the Effective Date are aulhorized to be made eilher as settlement paymenls or as authorized reimbursement paymenls, and that the details and circumstances of all obligations under this Contract are attached and incori:iorated into this Contract. Acceotance of payments forever releases the Commonweallh from further claims related to these obligations. CONTRACT END DATE: Contract performance shall terminate as of _ML, 20� with no new obligations being incurred after this date unless the Contract is properly amended, provided that Ille terms of this Contract and performance expectations and obligations shall survive its termination for the purpose of resolving any claim or dispute, for completing any negotiated terms and warranties, to allow any close out or transition performance, reporting, invoicing or final paymenls, or during any lapse between amendments. CERTIFICATIONS: Notwithstanding verbal or other representations by the parties, the "Effective Date" of this Contract or Amendment shall be the latest date that this Contract or Amendment has been executed by an authorized signatory of the Contractor, the DepartmenL or a later Contract or Amendment Start Date specified above, subject to any required approvals. The Contractor certifies that they have accessed and reviewed all documents incorporated by reference as electronically published and Ille Cootractor makes all certifications required under the Standard Contract Form Instructions and Contractor Certifications under the pains and penalties of perjury, and further agrees to provide any required documentation upon request to support compliance, and agrees that all terms governing performance of this Contract and doing business in Massachusetts are attached or incorporated by reference herein according to the following hierarchy of document precedence, the applicable Commonwealth Terms and Conditions, this Standard Contract Form, the Standard Contract Form Instructions and Contractor Certifications, the Request for Response (RFR) or other solicitation, the Contractor's Response (excluding any language stricken by a Department as unaooeptable, and additional negotiated terms, provided that additional negotiated terms will take precedence over the relevant terms in the RFR and the Contractor's Response only if ft /, made using the process outlined in 801 CMR 21.07, inoorporated herein, provided that any amended RFR or Response terms result in best value, lower cosls, or a more cost effective c� �1 AUTH ING SIGN FOR CONTRACTOR: AUTHORIZING SIGNATURE FOR THE COMMONWEALTH: � �� - Q../ 'A. � __, He/, r'" •- ,,, ,_ . Date: 11f:.)S X: . Date: (Sf�ure and Date Must Be Captured At Time of Signalurel (Signature and Date Must Be Captured At Time of Signature) Print Name: n,i,rv-.._� C. J>� l.u Lf" • Print Name: Kevin J. Stanton Print Title: L.,n. 1r.,r. t:.. o /2• l1 C.f : Print Title: Executive Director, Office of Grants & Research : (Updated 7/22/2021) Page 1 of 178 CITY OF PITTSFIELD OFFICE OF THE CITY SOLICITOR, CITY HALL, 70 ALLEN STREET, SUITE 200, PITTSFIELD, MASSACHUSETTS 01201 Tel. (413) 499-9352 solicilor(ci/cityofpittsfielQ&!:g February 22, 2024 To the Honorable Members Of the City Council Of the City of Pittsfield Dear Councilors: On February 14th, 2024, the City Council voted to refer to this office a communication from Director Cambi with a code enforcement update on 53 Roberts Street. I indicated I would review the City Code and make some recommendations for changes to the Code that would provide stronger tools with which to enforce the City Code. I will need more time to provide a comprehensive response but have outlined a summary of the various enforcement mechanism available to municipalities. I will be meeting with Director Cambi to discuss these issues prior to the next City Council meeting. The City has 2 ways to enforce the City Code, fines set out in Chapter 4 ½ or court enforcement. Fines may be imposed under MGL Chapter 148A for state building code or state fire code violations; under MGL Chapter 40, Section 21D for general City Code violations and under MGL Chapter 40U for state housing and sanitary code violations and municipal snow and ice fines. The fines assessed under Chapter 40U, if unpaid, may be attached to an individual's real estate tax bill. Fines imposed under MGL Chapter 148A may be appealed to the Housing Court. Fines imposed under MGL Chapter 40U may be appealed to either the Housing Court or the District Court. Fines imposed under MGL Chapter 40 Section 21D are heard and enforced in District Court. If the fines under Section 21D are upheld by the District Court, but remain unpaid, the City could file a criminal complaint. This last recourse is rarely if ever used. Violations of the state building code, state fire code and state housing and sanitary code violations can be addressed in the Housing Court. The City has been successful in Housing Court getting state housing and sanitary code violations corrected. The City may also file a civil complaint in the Superior Court seeking an injunction ordering an individual to comply with the City Code and in the alternative seeking authorization to access the property to address and remediate the City Code violations at the individual's cost. To address situations similar to those at 53 Roberts Street, the City may wish to consider updating its current ordinance. Councilor Conant forwarded a sample ordinance to allow gardens with native plants and has a more enforceable definition of weeds. ) Stephen Pagnotta SNP/hlg CITY OF PITTSFIELD HEALTH DEPARTMENT, 100 NORTH STREET, PITTSFIELD, MA 01201 February 6, 2024 To the Honorable Members of the City Council City of Pittsfield 70 Allen Street Pittsfield, MA 01201 • Current Status on 53 Robert Street Code Enforcement Dear Councilors: I wanted to send a communication providing an update on the status of 53 Robert St. The Health Department has an open code enforcement action on this property. There was a fallen tree on the property in the fall of 2023. An order was issued, and the owner was not responsive to the order. An interested party (relative of the owner) took the responsibility of hiring a tree contractor to remove the fallen tree and debris. That interested party plans to address the remaining violations this coming spring. They have asked for an extension in writing citing weather conditions. The Health Department has granted the extension and will follow up in the spring. Sincerely 'h e.£i Andy Cambi Director of Public Health TEL. (413) 499-9411- FAX: (413) 448-9798 October 2, 2024 202HJCT -3 AM ·9: 1+0 To the City Council of the City of Pittsfield The undersigned respectfully I respectfully request that you provide the City Council with a comprehensive report at the second City Council meeting in January 2025. This report should address the implementation of the trash and recycling program that was launched in the fall of 2024. The report should include the following details: 1. Program Successes and Challenges: A review of how the program has performed since its implementation, including any challenges encountered. 2. Impact on the Community: Information on how the program has affected trash and recycling management within the city, including any noticeable improvements or concerns. 3. Financial Overview: A summary of the costs and funding sources for the program, as well as any financial implications moving forward. 4. Predicted Savings: Any projected or realized savings as a result of the program up to that point. This report is crucial for ensuring that the City Council and the community are informed about the program's progress and any adjustments that may be necessary. Respectfully submitted, Earl G Persip Ill Councilor At-Large ,. - ��-�!-,/r.;-·, .. �iT\' 1 CLE��i'\ .. ,.· t': t,; October 2, 2024 202� OCT -3 AM 9: 40 To the City Council of the City of Pittsfield The undersigned respectfully I respectfully request that you provide the City Council with a comprehensive list of trash/recycling pickups that are designated for properties with more than three family units. This request includes, but is not limited to, the following details: l. Reason for Pickup: An explanation of why the city is responsible for trash collection at these properties. 2. Payment Details: A breakdown of how these pickups are funded, specifying the source of payment (e.g., city funds, property owner contributions). 3. Charges and Fees: A clear outline of what is being charged for these services and why. 4. Inclusion of Businesses and Apartment Complexes: This list should include any business or apartment building complexes that fall under this category. I believe this transparency is necessary for ensuring accountability and efficient use of resources. I kindly ask for this information to be provided at the next City Council meeting. Respectfully submitted, Earl G Persip Ill Councilor At-Large

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