REGULAR MEETING OF THE CITY COUNCIL · 2017. 2. 11. · 1450 East st. Pittsfield, MA 01201...

of 1

AGENDA

1. Open microphone APPOINTMENTS

2. Appointment of Jay R. Green, Steve Smith and Michael Summers to the Board of Health

3. Appointment of Brian Filiault as Director of Building Maintenance

COMMUNICATIONS FROM HER HONOR THE MAYOR 4. A communication from Mayor Tyer submitting an Order accepting a gift of funds in the amount of

$25,000 from Greylock Federal Credit Union

5. A communication from Mayor Tyer submitting an Order accepting a grant of funds in the amount of $106,699.09 from the Massachusetts Executive Office of Elder Affairs

6. A communication from Mayor Tyer submitting an Order accepting a grant of funds in the amount

of $2,151.40 from the Commonwealth of Massachusetts Emergency Management Agency

7. A communication from Mayor Tyer submitting an Order authorizing the City of Pittsfield to pay a previous year’s expense in the amount of $71.50 from the FY2017 Personnel budget

8. A communication from Mayor Tyer submitting an Order authorizing the City of Pittsfield to

terminate a sewer easement on property of General Electric Company

COMMUNICATIONS FROM CITY OFFICERS AND BOARDS 9. A petition from Councilor Simonelli requesting a cost analysis regarding the

renovation/refurbishment of the historic marquee located at the Ralph J. Froio Senior Center

UNFINISHED BUSINESS

10. A petition from Councilors Mazzeo and Connell requesting installation of left turn signals at the intersection of Center St. and Columbus Ave. for northbound and southbound traffic (tabled 6-28-16)

CITY OF PITTSFIELD REGULAR MEETING PITTSFIELD CITY COUNCIL Tuesday, January 24, 2017 at 7:00 p.m. Pittsfield City Hall, City Council Chamber

Linda M. Tyer Mayor

THE CITI OF PITISFIELD OFFICE OF THE MAYOR

70 Allen Street, Pittsfield, MA 01201 (413) 499-9321 • [email protected]

January 19, 2017

To the Honorable Members of the City Council City of Pittsfield 70 Allen Street Pittsfield, MA 01201

Dear Councilors,

It is my sincere privilege to submit herewith for your consideration, the following appointments to the Board of Health:

The following reappointments will have terms expiring February 3, 2020:

Jay R. Green, JD, of 117 Somerset Avenue, Pittsfield, MA 01201

Steve Smith, MA, of 33 Palomino Drive, Pittsfield, MA 01201

The following new appointment will have a term that expires on March 22, 2019:

Michael Summers, of 15 Cherry Street, Pittsfield, MA 01201

RrSpeCtfully submitted,

(f wcla 111 .. ~'!) Linda M. Tyer / Mayor ~

cc: Gina Armstrong, Director of Public Health

Enrichment Fitness 1450 East st. Pittsfield, MA 01201

01/19/2017

Mr. Michael Summers is a trainer and co-owner of Enrichment Fitness personal training

studio located on East St. Ext. in Pittsfield. He was born and raised in White Plains NY and moved

to the Berkshires in 2005. He has been instrumental in building the outreach program at

Pittsfield Community Connection, where he works with challenged youth to help them achieve

their goals and reach their potential. The work he does with youth shows his passion for helping

others. Michael is dedicated to improving the quality of life in his community with a collective

effort from all.

Objective:

Michael P. Summers 15 Cherry Street

Pittsfield, Ma 01201

looking forwarding to applying different skills - to inspire, encourage and challenge individuals to seek out their true potential. We all have abilities and gifts; we just need to be encouraged to explore them.

Work Experience:

Enrichment Fitness Studio 7-1-2013-Present Personal Trainer/Co-Owner * Instructor different fitness classes. * Personal Trainer/ One on one with individual clients. • Travel to different sites to instruct classes for particular groups.

YMCA Pittsfield Ma 3-1-2013 to 12·15-2013 Fitness Instructor * Instructed different fitness classes. * Substituted for instructors who were unable to attend a specific date . • Host at times for potential new members.

Retro Fitness Gym 2·1·2012 to 10-1·2013 Personal Trainer • One on one with individual clients . • Free assessments for potential new clients • Showed new members around the facility and how to use machines.

Education: University Of New Haven Connecticut Criminal Justice law Enforcement Administrative

Worcester Academy Preparatory School Worcester MA.

White Plains High School

Skills: Computer skills, Word, Excel, Internet Browsing Motivator

West Haven, CT. 1997-2001

1996-1997 General Studies

White Plains, New York 1992-1996 General Studies

Linda M. 1)'er Mayor

THE CITI OF PITTSFIELD OFFICE OF THE MAYOR


January 19, 2017


Dear Councilors,

It is my sincere privilege to submit herewith for your consideration, the appointment of Brian Filiault as the Director of Building Maintenance.

Respectfully submitted,

It;. , ih rcitL fY) J1f2!l Linda M, Tyer U Mayor

Brian Filiault 35 George St

Pittsfield, MA 01201 [email protected]

CeU:413-441-1807

SUMMARY Experienced Carpenter, Project Manager and Business Owner with years of Construction experience. Excellent analytical skills. A team leader that motivates his employees and builds a cohesive team. Experienced interacting cross-functionally and confident interacting with all levels of management and the public.

OBJECTIVE To obtain the position of Building Maintenance Director where I can appropriately apply my relevant skills, experience and leadership to advance the department and aligo with the City's mission and goals.

WORK EXPERIENCE

07/16 - City of Pittsfield - Bnildlng & Maintenance Department Acting Director/Assistant DirertOJ' • Managing office staff and tradesmen to build a motivated, cohesive and effective team • Coordinate projects for School and City Buildings. • Analyzing the departments fixed budget and looking for the most efficient way of completing work requests • Responsible for prioritizing work requests • Communicating with other departments and the public on a daily basis.

City of Pittsfield - Building & Maintenance Department 05/15 - 07/16 Carpenter

• Prioritizing of work requests on a daily basis • Complete all work requests in a timely manner • Worked as a team player and assisted other tradesmen as needed included painting, plumbing etc.

06/99 - 4/15 Filiault Construction <self-employed) • Constructed many new homes in Berkshire County • Managed a cohesive team • Experience communicating and working on a daily basis with architects, snbcontractors and clients • Financial experience in operating my own business

06/97 - 05/99 LocaJ 108 Carpenters Union • Project Leader for construction of Grey lock Federal Credit Union on West St. in Pittsfield MA • Project Leader for the restoration of a nursing home in Lenox, MA

07/83 - 05/97 Aliegrone Construction • Project Team Leader overseeing many different construction sites + Managed a team of 20 tradesmen

EDUCATION 1983 - Taconic High School- Carpentry 1997 - Local 108 Carpenters Union Training

SKILLS & • LICENSES • •

• + •

Intermediate skill-Jevel in Microsoft Excel and Word Completed Leadership training Program at UMASS in 2016 Excellent analytical skills in project management Supervisory skills Construction Supervisor License (Unrestricted) for over 30 years MA Driver's License

Linda M. Tyer Mayor

THE CI1Y OF PITTSFIELD OFFICE OF THE MAYOR


January 19, 2017


Dear Councilors,

Submitted herewith for your consideration is an Order to accept a gift of funds in the amount of $25,000.00 from Greylock Federal Credit Union. This gift will support the construction of a permanent, 24' x 34' four post metal shelter at Durant Park.

LMT/CVB Enclosure

~.p. ectfully submitted,

I •

/UlCUL rn· ;]6' It Linda M. Tyer Mayor

CITY OF PITTSFIELD

DEPARTMENT OF COMMUNITY DEVELOPMENT, CITY HALL, 70 ALLEN STREET, RM 205, PITTSFIELD, MA 01201

January 16, 2017

To The Honorable Mayor Linda M. Tyer City of Pittsfield 70 Allen Street Pittsfield, MA 01201

Dear Mayor Tyer:

Submitted herewith for your consideration is an Order accepting a gift of funds in the amount of $25,000.00 from Greylock Federal Credit Union. This gift will support the construction of a permanent, 24' x 34' four post metal shelter at Durant Park.


\\ (I.'.'

Or11/~' //;(j{t:;{. ! Janis Akerstrom

.//

cc: Matthew Kerwood, Treasurer

TEL (413) 499-9368 - FAX; {413) 395-0152

Noo __ _

QCttp of Jlitt!iftdb MAS SAC H USE T T S

IN CITY COUNCIL

AN ORDER

AUTHORIZING THE CITY OF PITISFIELD TO ACCEPT A GIFT OF FUNDS IN THE AMOUNT OF $25,000 FROM THE GREYLOCK FEDERAL CREDIT UNION

Ordered:

That the City of Pittsfield, by and through its Mayor and City Council, is hereby authorized to accept a gift of funds in the amount of $25,000.00 from the Greylock Federal Credit Union. This gift is being accepted in accordance with M.G.l., Chapter 44, Section 53A.

CITY OF PITTSFIELD

DEPARTMENT OF COMMUNITY DEVELOPMENT, CITY HALL, 70 ALLEN STREET, RM 205, PITTSFIELD, MA 01201

MEMORANDUM

TO: CITY COUNCILORS

FROM: JANIS AKERSTROM, DIRECTOR Oil COMMUNJ'lY DEVELOPMENT

SUBJECT: CL\pp P,\RK DONATION

DATE: JANUARY 16,2017

CC: MAYOR LJNDA M. 'rYER

Item History

In 2016, the Parks Commission approved a new master plan for Durant Park. One of the soughtafter improvements is the construction of a permanent metal shelter within the park which will provide cover for the many events and activities that take place at this park,

Agenda Item Commentary

The Greylock Federal Credit Union has agreed to donate $25,000 toward the overall cost to construct a new 24' x 34' metal shelter at Durant Park. This shelter will be set on a new concrete pad and will be fully handicapped accessible. The additional funding required for this project will come from other sources.

Proposed Recommended Action Approve the Order before you to authorizing the City to accept the donation of funds from the Greylock Federal Credit Union.

TEL. (413) 499-9368 - FAX: (413) 395-0152

G~OCK F~D~RAL

January 13,2017

The Honorable Linda Tyer Mayor of Pittsfield City Hall 70 Allen Street Pittsfield, MA 0120 I

Dear Mayor Tyer:

I am writing to you regarding the development project for Durant Park. The Board of Directors at Greylock Federal Credit Union have approved a donation in the amount $25,000 towards the construction of a shelter structure at the park. We hope that the City Council will accept this donation so that we as a community can create desirable spaces for our neighbors and ourselves.

It is a pleasure to partner with you to provide experiences and continued benefits for the community whose best interest we share.

Sincerely,

W. Kent Hudson Jr. SVP, Chief Operations Officer

Greylock Federal Credit Union. 150 West Street. Pittsfield, MA 01201 (413) 246·4000 • Fax (413) 443"0292 • www.greylock.org

Federally Insured by NCUA

Linda M. Tyer Mayor

THE CI1Y OF PITTSFIELD OFFICE OF THE MAYOR


January 19, 2017


Dear Councilors,

Submitted herewith for your consideration is an Order to accept a grant of funds in the amount of $106,699.09 from the Massachusetts Executive Office of Elder Affairs.

LMT/CVB Enclosure


::fJrda rn. (ftr·'if'I Linda M. Tyer Mayor ,

CITY OF PITTSFIELD

COUNCIL ON AGING, RALPH J. FROIO SENIOR CENTER, 330 NORTH STREET, PIITSFIELD, MA 01201 413~499-9346

January 5, 2017

Honorable linda M. Tyer Mayor- City of Pittsfield 70 Allen St. Pittsfield, MA 01201

Dear Mayor Tyer:

Submitted for your consideration, is an authorization requesting the City of Pittsfield to accept a grant of funds in the amount of $106,699.09 from the Massachusetts Executive Office for Elder Affairs.

Respectfully Submitted,

()(, ~J. ?1/j7n, u.i/11.. U>tv ,~ .! I \,-~ ?~)

Vincent P. Marinaro Director of the Ralph J. Froio Senior Center

Cc: Matt Kerwood, Director of Finance and Administration/Treasurer Allison M. Bottume, City Accountant

No. __ _

(!Cit!' of ~ttt~fitlb MASSACHUSETTS

IN CITY COUNCIL

AN ORDER

AUTHORIZING THE CITY OF PITTSFIELD TO ACCEPT A GRANT OF FUNDS IN THE AMOUNT OF $106,699,09 FROM THE MASSACHUSETTS EXECUTIVE OFFICE OF

ELDER AFFAIRS

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 One Hundred Six Thousand Six Hundred Ninety Nine Dollars and Nine Cents ($106,699.09) from the Massachusetts Executive Office of Elder Affairs and that said funds may be expended pursuant to Massachusetts General Laws, Chapter 44, Section 53A, and in accordance with the provisions of the grant, a copy of which attached to this Order.

Executive Office of Elder Affairs ATTACHMENT B • Council on Aging (COA) Formula Granl • FY 2017· (pg 1 012) 1 Ashburton Place, 5th Floor PRELIMINARY REV. ( ) . Name 01 COA: PiHsfield Boston MA 02108·1518

Municipal (A) (B) Hrs. Notes/Calculations for ELD funded positions ,

# Personnel Funding" PRELIMINARY Revision per Identify hours/week, totol hours, raters) of pay & fringe (if/as applicable):

FY2017 x 10.00/elder# (If applicable) Week # $5000 available, regardless of community size: subject to finol appropriotion.

(see be/ow)

Executive Director $52,910.00 35 Hours per week

.....

Program Coordinator $32,125.00 37.5 Hours per week

Senior Clerk Typist $30,897.00 .

35 Hours per week ....

Administrative Assistant $23,558.00 35 Hours per week ........

I Office Assistant (2) (PT) . ............ - -- ------

$21,545.00 38 Hours per week

.. .. ...

Custodian $31,665.00 40 Hours per week

.... ...

Custodian (2) (PT) $25,377.00 38 Hours per week

. ..

Chef/Cook $22,490.00 35 Hours per week

Driver $23,600.00 $9,963.04 37.5 per week Driver $23,600.00 $9,963.05 37.5 per week

Temporary Labor $4,000.00 On Call

Supportive Day Coordinator $31,500.00 37.5 Hours perweekl$16,43/hour/full benefits

Supportive Day Activities Leader $19,700.00 37.5 Hours perweekl$10.97/hour/full benefits Supportive Day Activities Leader $20,200.00 37.5 Hours per weekl$10.35/hour/full benefits Supportive Day Activities Leader $12,000.00 20 Hours per weekl$11 .59/hour/no benefits

SUBTOTAL (Page 1) $291,767.00 $103,326,09 $0.00 • Please nole municipally funded posilions . . . Tilles, funding totals and hours are appreciated.

Attachment B - COA Formula Grant -- FY 2017 -- (pg 2 of 2) Non-Personnel (A) (B) NOTES Cost Category PRELIMINARY Inilial if a

x lO.OO/elder' Revision

Equipment Maintenance $6,435.00

Building Maintenance Service $13,500.00

Printing $1,300.00

Supplies $3,000.00

Program Expense $24,350.00

Volunteer Appreciation $2,473.00 20 Hour minimum service

Conference Education $900.00

,IT Department will handle bidding

,Automatic Door Openers for the third floor restrooms Quotes will be retained and completion noted

Subtotal (P 2) $48,585.00 $3,373.00 $0.00 DATE OF THIS BUDGET: August 5,2016

Sub Total (P 1) $291,767.00 $103,326.09 $0.00 Initials of preparer. TOTALS-(P1 &P2) $340,352.00 $106,699.09 $0.00

COMMONWEALTH OF MASSACHUSETTS ~ STANDARD CONTRACT FORM

~!·~~=[::~:t=!~:~==$~;~=£r::J$:;k>, ~ void. Additional terms may be added may notreqllileanyaddHior,,1 or other additional terms as part of this Contract without prior Department approval. CliO; on for

reference into Ihis Contract M e/ectrook: copy of Ills form is available

: Executive Office of Elder Affairs

PITTSFIELD, MA 01201 Business Mailing Address: tAshburtonPlaceRoom517,Boston,MA02108

Enter Current Contract End Date E!iRLtn Amendment: -' 20_. Enter Amendment Amount; $ . (or "no change") AMENPMENT TYPE: (Check one option only. Attach details of Amendment changes.) Amendment to Scope or Budget (Attach updated scope and budget)

~ln~te~rjm~c;.o~nt:llIct~(A~Ha~dJ~jus~ililica~;ti~on;;k>:ir~l:n~tenm~·iCon~itra~,::d~.ni~d updated sropeJbudget) ~ I aulhoriZing·languagefJ.u'U!icabion and updated scope

COMPENSATION: (Check ONE oplioo): The Department certifies thai payments for authorized performance accepted in accordance wilh !he terms of this Contract will be supported in the state acrounting system by suffident appropriations or other non-appropriated funds, subject to intercept for Commonwealh owed debts under 815 CMR 9.00.

Rate Contract (No Maximum Obligation. Attach details of an rates, units, calculations, conditions Of' terms and any changes if rates or terms are being amended.) X Maximum Obligation Contract Enter Total Maximum Obligation fur total duration of this Contract (or new Total if Contract is being amended). $106 699.09

OIalJau,'me grant funding Fuoos may support Council on is 71112016 - 613012017. The municipa~ty will complete a

_1. may be incurred as of the Effective Date (latest signahJre date below) and no obligations have been incurred.ru!2.tto the Effective Date

of-,20 ,a dale LATER than the Effective Dale below and no obligations have been incurred.R.!'.i!ll.to the Effective Date. July 1st 2016, a dale PRIOR to the Effective Dale below, and the parties agree that payments for any obligations inQJrred prior to the E~

either as settlement payments or as authorized reimbursement and that the detaBs and circumstances of aD obligations under this

i i the terms this Contract and performance expectatioos obligations shall survive its termination for the pUlpose of resolving any claim or

any negotiated terms and warranties, to atlow any close oui or transition performance, reporting, invoicing or final payments. or during any lapse between

CERTIFICA nONS: Notwithstanding verba! or other representations by the parties, the "Effective Date" of this Contract or Amendmenl shaH be the lalesl date that this Contract or Amendment has been executed by an authorized signatory of the Contractor, !he Department or a later Contract or Amendment Start Dale specified above, subject to any requi"ed approvals. The Contractor makes aH certifications required under the attached Contractor Certifications Onoorporated by reference if not attached hereto) under the pains and penalties of perjury, agrees to provide any required documentatioo upon requesl to support compliance. and agrees that aU terms governing performance of this Contract and doing business in Massachusetts are attadJed or inco!porated by reference herein acrording 10 the follOWing hierarchy of document precedence, the applicable Commonwealth Terms and Conditions this Standard Contract Form induding !he Instructions and Contractor Certifications, the Request for Response (RFR) or other solicitation. the Contractor's Response, 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 made using the process outlined in 801 CMR 21.07, incorporated herein, provided that any amended RFR or Response terms tesu~ in best value, lower costs, or a more cost effective Contract

AUT INGSIGNATUREFORT ECONTRACTOR,. AUTHORIZINGSIG TU FORTHECOMMONWE LT~'

.~\Gi2 2/ I x: . Date. ,. X: ........ {......., Date. {f .

n At Time of Signature (Signa re and Date Must Be Handwritten At Time of Signature)

Print Name"" K~~QI;=±=:':====~ Print Title: "t Print Name: ~RO~S~'}lbaIn:SC:h~in~0iifui::===:=; Print Title: ~hjef Financial Officer

(Updated 11/1412016) Page 1

Linda M, Tyer Mayor

THE CITY OF PITTSFIELD OFFICE OF THE MAYOR

70 Allen Street, Pittsfield, MA 01201 (413) 499-9321 • ltyer@pittsfieldch,com

January 19, 2017


Dear Councilors,

Submitted herewith for your consideration is an Order to accept a grant of funds in the amount of $2,151.40 from the Commonwealth of Massachusetts Emergency Management Agency.

LMT/CVB Enclosure


;1, ntt'a. m· dudi) [lnda KIl. Tyer Mayor

City of Pittsfield Fire Department 74 COLUMBUS AVENUE, PITTSFIELD, MA 01201 (413) 448·9764 FAX (413) 448·9766

January 12, 2017

Honorable- Linda M Tyer Mayor- City of Pittsfield 70 Allen Street Pittsfield, MA 01201

Dear Mayor Tyer,

Submitted for your consideration, is an authorization requesting the City of Pittsfield to accept a grant of funds from the Commonwealth of Massachusetts Emergency Management Agency.

J~/ ~

Fire Chief

Cc: Matthew Kerwood, Finance Director Allison Bottume, City Accountant Nicole Boucher, Assistant Treasurer

No. __ _

((itl' of t}ttt5'fidb MASSACHUSETTS

IN CITY COUNCIL

AN ORDER

AUTHORIZING THE CITY OF PITISFIELD TO ACCEPT AN APPROPRIATION OF

FUNDS FROM THE COMMONWEALTH OF MASSACHUSETIS EXECTUITVE OFFICE

OF PUBLIC SAFETY AND SECURITY, MASSACHUSETIS EMERGENCY

Ordered: MANAGEMENT AGENCY

That the City of Pittsfield, by and through its Mayor and City Council, is hereby authorized to accept an appropriation of funds in the amount of Two Thousand One Hundred Fifty One Dollars and Forty Cents ($2,151.40) from the Commonwealth of

Massachusetts Executive Office of Public Safety and Security.

Said funds may be expended pursuant to Massachusetts General Laws, Chapter 44, Section 53A, and in accordance with the provisions of the grant, a copy of which is

attached to this order.

Anne Ferin

From: Robert Czerwinski Sent: To:

Thursday, January 12, 2017 9:04 AM Anne Ferin

Subject: Attachments:

FW: 2016 2017 HMEP Contract finalized 201701120820.pdf

-----Original Message-----From: Krumsiek, Paula (CDA) [mailto:[email protected]] Sent: Thursday, January 12, 2917 8:37 AM To: Robert Czerwinski Cc: Carnevale, Patrick (CDA) Subject: 2916 2917 HMEP Contract finalized

Your contract has been finalized and a copy has been attached to this email. Please let me know if you did not receive this copy.

* The start date for program activities (including purchasing) is 91-12-17; the date the contract was signed by MEMA. NO GOODS/SERVICES MAY BE PROCURED BEFORE THIS DATE.

* The end date of your contract is 96-39-17 ; no goods/services may be procured after this date. ALL GOODS AND SERVICES PROCURED MUST BE RECEIVED OR COMPLETED BY THIS DATE.

Your contract does not cross the State Fiscal Year. $2,151.49 will be expended by 96-39-17.

MEMA's Grant Policies MEMO, Listing the various grant policies and forms, may be found on our website here: http://www.mass.gov/eopss/agencies/mema/empg-and-ccp-and-hmep-grants.html

This is a reimbursement-based grant program and reimbursements must be submitted to MEMA HQ no later than 7/39/17.

The reimbursement request form and instructions may be found on MEMA's website here: http://www.mass.gov/eopss/agencies/mema/empg-and-ccp-and-hmep-grants.html.

Reimbursements must be mailed to my attention (address below). Please contact me with any questions you may have regarding this contract. For your records, the Catalog of Federal Domestic Assistance (CFDA) number is 29.793.

Paula Krumsiek Grants Management Specialist Massachusetts Emergency Management Agency (MEMA) 499 Worcester Road Framingham, MA 91792 598-829-1424

Robert Czerwinski Chief

Pittsfield Fire Department 74 Columbus Avenue Pittsfield, MA 91291 413.448.9753

1

Anne Ferin

From: Sent: To: Subject: Attachments:

Importance:

Robert Czerwinski Wednesday, December 14, 20169:00 AM Anne Ferin FW: 2016 2017 HMEP Contract documents - 6 attachments 20162017 HMEP Terms and Conditions.docx; CASL instructions.docx; CASL.docx; MEMA PMO SpecialConditions_RevisedDEC 2016.docx; SPARQ Form.doc; Central Berkshire REPC contract.docx

High

From: Krumsiek, Paula (CDA) [mailto:[email protected]] Sent: Wednesday, December 14, 2016 8:31 AM To: Robert Czerwinski Cc: Carnevale, Patrick (CDA) Subject: 2016 2017 HMEP Contract documents - 6 attachments Importance: High

On behalf of Director Kurt Schwartz, I am pleased to provide a 20162017 HMEP contract to your EPe.

Please note: Funds cannot be spent at this point. Please do not proceed with your project until a finalized contract is returned to you.

Please find the following 6 documents attached:

1. Standard Contract Form (6 pgs) 2. MEMA Special Conditions 3. US DOT Special Conditions 4. CASL Form 5. CASL Instructions 6. SPARQ Form

MEMA recommends that the head of government/chief elected official review and sign the CASl form and contract documents.

The SPARQ form must be completed in order for MEMA to contract with you. This form should be completed by your Accounting /Finance Department.

Please return all of the signed, originals (we cannot accept copies) to me (address below) within ten (10) business days.

When MEMA receives your signed contract documents we will review and process. Once MEMA signs the contract, it will be finalized. We will send you a copy of your finalized contract via email, authorizing you to expend funds.

MEMA has recently revised its grant forms and policies in order to align with new federal regulations (2 CFR 200). Please take some time to review these grant documents, which may be found on our website here: http://www.mass.gov/eopss/agencies/mema/resources/grants/

Thank you, and please let me know if you should have any questions on this.

1

COMMONWEALTH OF MASSACHUSETTS - STANDARD CONTRACT FORM This fonn is jointly issued and pubHshed by the Executive Office for Admjnistration and Finance tANF), the Office of the Comptroller (CTR) and the Operational Services Division lOSo) as the default contract for all Commonwealth Departments when another form is not prescribed by regulation or policy. Any changes to the offICial printed language of this foon shaH be void. Additional non-conflicting terms may be added by Attachment Contractors may not require any additional agreements, engagement letters, contract forms or other additional terms as without prior Department approval. for definitions, instructions and legal requirements that are incorporated by reference into this Contract An

City of Pittsfield d/b/a): Central Berkshire REPC

AOOOI~ The Address Id Must be set up for EFT payments.)

-1L NEW CONTRACT PROCUREMENT OR EXCEPTION TYPE: (Check one option only)

Department) budge~

granls 815 CMR 2.00) documenlalion)

COMMONWEALTH DEPARTMEtlT NAME: Massachu.elts Eme'llency Management Agency

CONTRACT AMENDMENT Enter Current Contract End Date Priorlo Amendment ~ 20_. Enter Amendment Amount: $ ___ . (or "no cI1ange') AMENDMENT TYPE: (Check one option only. Attach details of Amendment changes.)

Amendment to Scope or BUdget (Attach updated scope end budget) Interim Contract (Allach Justification for Interim Contract and updated scopelb~

__ :!C~O~ntract~~E~m~p~lo~ye;e~(A~IIac;h, (,a~n;y~upd;;a:~te~s Io;,:scope; or budge~ _ Ianguage~us1ilicalion end updated

COMPENSA lION: (Check ONE option): The Departmenl certifies thet paymenls for aulhorized peIfoonance accepted in accordance with the tenns of tho Contract will be supported in the state accounting system by sufficient appropriations or other non..appropriated funds, subject to interceptforConmlOnwealth owed debts under 815 CMR 9.00,

Rate Contract (No Maximum Obligalion, Allach delails of all /lites, unils, calculalions, condillons or terms and any changes" /lites ortenns are being amended) ..! Maximum Obligation Contract Enter Total Maximum for total duration of this Contract (or new Total if Contract is i

requesting accelerated peyments must within 20 days _ % PPD; Payment Issued within 30 Payments (G.L. ~ 29 § 2M);..! on~ Inmal payment

..! 1. may be incurred as of the Effeclive Date (Istesl s~nature date below) and!!l! obl~alio1Js have been incurred m 10 the Effective Date. _ 2. may be incurred as of --' 20---, a date LATER than the Effective Date below and!!2. obligations have been incurred.m:i2! to the Effective Date. _3. were incurred as of --' 20_. a date PRtoR to the Effective Date below. and the parties agree

authorized to be made either as settlement or as authorized reimbursement

CONTRACT END DATE: Contract performance shall terminate as of 06/3012017. wllh no new obligations being Incurred after this date unless the Conllllct is propeny amended, provided that the tems of this Contract and penonnance expectations and obligations shall survive its termination for the purpose of resolving any claim or dispute, for completing any

. terms , to allow any dose out or transition or final payments, orduring any lapse between amendments.

CERTifICATIONS: NolWlhslanding verbal or other represenlations by the parties, the "Effective Date" of this Contract or Amendment shall be Ihelatest date thellhis Contract or Amendment has been executed by an authorized signatory of the Contractor, the Department or a later Contract or Amendment Start Date specified above, subject: to any required approvals. The Contractor makes all certifications required under the attached Contractor Certifications (incorporated by reference If not attached hereto) under the pains and penalties of perjury, agrees to provide any required documentation upon request to support compliance, and agrees that aU 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 Tenns and Condilions, this Slandard Contracl Foan including the Instruclions and Contraclor CortiIications, the Request for Response (RFR) or other solicitation, Ihe Contractor's Response. and additional negotiated terms, provided that additional negotiated terms wi. take precedence over the relevant terms In the RFR and the Contractor's Response only If made using the process outlined in 801 CMR 21.07, incorporated herein, provided that any amended RFR or Response tenns result In best value, lower costs, or a more cost effective Contract

AUTH RING S! N JURE FO HE CONT CTOR: AUTHORIZING S~NATURE FOR THE COMMONWEALTH: /

X: .I) . Date: ..:1L ... ,.,/., X: 41< . Date: II ;)//2 (S~nature and Dlte Must an_en At Time ~ (Signature and Date Must Be Han_en At Ti~ of Signature)

Print Name: L.' 0( PrintName:-'D"'a"'vkl...,.M"'ah"'r ________ ~ Print Title: Print Title: Chief Adminlstra!ive Officer

(Issued 612712011) Page 1.01 1.

April 21, 2016

Ms. Paula Krumsiek Grants Management Specialist

Central Berkshire Regional Emergency Planning Committee

c/o Pittsfield Fire Department 74 Columbus Avenue Pittsfield. MA 01201

Massachusetts Emergency Management Agency 400 Worcester Road Framingham, MA 01702

Ms. Krumsiek;

Enclosed you will find a Hazardous Materials Emergency Planning Grant application for the Central Berkshire Regional Emergency Planning Committee.

We thank you for the opportunity to submit and hopefully receive these much needed funds to keep our member communities safe from hazardous materials transportation emergencies.

Thank you for your attention and consideration in this matter.

Respectfully,

Robert Czerwinski, CBREPC Chairman Fire Chief/EMD City of Pittsfield

Central Berkshire Regional Emergency Planning Committee clo Pittsfield Fire Department

74 Columbus Avenue Pittsfield. MA 01201

Central Berkshire Regional Emergency Planning Committee 2016-2017 HMEP Sub-Grant Proposal

The Central Berkshire Regional Emergency Planning Committee (CBREPC) was originally formed

in response to Federal Law: SARA Title III to protect first responders, their families, friends and

neighbors during hazardous materials emergencies. Through our continued cooperative

efforts this organization has forged a cohesive group to help mitigate and respond to these

types of incidents. This Planning Grant will allow us to continue to expand our efforts to set up

and maintain an Emergency Operations Center (EOC) regardless of the duration ofthe incident.

Some of the monies from this Grant will be used to purchase supplies for the EOC and

emergency planning activities. Long term EOC operations will be enhanced by the purchase of

additional supplies such as the copy paper, pads, toner cartridges, etc. to support ongoing EOC

operations.

On an annual basis, the CBREPC is required to place a Legal Advertisement in the local

newspaper stating our purpose and meeting schedule. The cost of such a submission is

requested to be paid for with this grant.

Also included in this grant request is our intention of developing and implementing a functional

exercise to evaluate the efficiency of our Regional Emergency Operations Center. The exercise

will assist us in finding our strengths and weaknesses in our operations. Though our region has

experienced a number of challenges over the past few years, including Storm Sandy in

December 2012, the Regional EOC was never opened up to assist in response and recovery

operations. This exercise will be used to evaluate the performance ofthe EOC.

Need Identified:

The Central Berkshire County region has not experienced the number and variety of Emergency

Center Operations activations on the scale of our neighbors in the Northern Berkshire region.

Due to this lack of EOC experience, we would like to hold a functional drill on EOC operations in

conjunction with our recently approved Multi-Agency Coordination Center (MACC) plan. Our

intent would be to evaluate our abilities to set up and run the EOC on a simulated hazardous

materials transportation incident using the principles found in the MACC, to ensure the

management of logistical and facility operational needs.

Capability we're trying to achieve:

The functional exercise will consist of one half-day of a simulated emergency incident which will

require the stand-up of an Emergency Operations Center. The cost of this training is $1200.00,

which includes the development and implementation of the exercise, instructor travel and

lodging, handouts, and a written after-action report.

Proposal Support:

This training will meet the requirements found in the HMEP Grants - FY2016 Expenditures

Guide, Section 3.1 Allowable Training Expenditures: Hazmat transportation emergency

preparedness and response courses. (Ethanol Response Training)

In terms of the applicable 40 CFR 110.40 (a):

(a) Planning. Eligible State applicants may receive funding for the fallowing activities:

(1) Development, improvement and implementation o(emergencyplans reguired under the Emergency Planning and Community Right-to-Know Act 0(1986, as well as exercises which test the emergency plan. Enhancement of emergency plans to include hazard analysis as well as response procedures for emergencies involving transportation of hazardous materials, including radioactive materials.

Specific hazmat transportation planning or training outputs this proposal will

produce/achieve.

Upon completion of the training all of the attendees shall be able to effectively organize and stand-up an Emergency Operation Center to a hazardous materials transportation spill or fire.

Benefit to the Central Berkshire REPC hazardous materials transportation planning or training

efforts?

This training will provide the member communities with hands-on experience to handle all types of hazardous materials transportation emergencies, spills and fires. While the intent of the program is centered on transportation incidents, this type of training will provide the skills and knowledge that can be used all types of hazardous materials spills and fires.

Central Berkshire Regional Emergency Planning Committee c/o Pittsfield Fire Department

74 Columbus Avenue Pittsfield. MA 01201

Central Berkshire Regional Emergency Planning Committee 2016-2017 HMEP Sub-Grant Proposal

The Central Berkshire Regional Emergency Planning Committee (CBREPC) was originally formed in response to Federal Law; SARA Title III to protect first responders, their families, friends and neighbors during hazardous materials emergencies. The CBREPC consists of 12 communities in the central Berkshire County region. It has been a MEMA - State Emergency Response Commission certified emergency planning group for over six years, most recently re-certified in January 2016.

Needs identification:

One of our requirements to meet under SARA Tile III is an annual legal notice in our local newspaper outlining the make-up ofthe organization and the upcoming year's meeting schedule. In addition, we would like to use these funds for office supplies for continued operations of our monthly meetings and training exercises.

Capability to Achieve:

In order to maintain compliance with the requirements of both SARA Title III and the MEMA State Emergency Response Commission, this organization must place an annual legal notice in a recognized new paper outlining the make-up of the organization and the upcoming year's meeting schedule. The office supplies are routinely used in the on-going operations of the CBREPC, for agendas, minutes, and training materials.

Proposal Support:

This notification will meet the requirements found in the HMEP Grants - FY2016 Expenditures Guide, Section 3.1 Allowable Training Expenditures; Hazmat transportation emergency preparedness and response courses. (Ethanol Response Training)

In terms of the applicable 40 CFR 110.40 (a);

In terms of the applicable 40 CFR 110.40 (a);

(b) Planning. Eligible State applicants may receive funding for the following activities:

(2) Development, improvement and implementation of emergency plans reguired under the Emergency Planning and Community Right-to-Know Act of 1986, as well as exercises which test the emergency plan.

Enhancement of emergency pions to include hozord analysis as well as response procedures for emergencies involving transportation of hazardous materials, including radioactive materials.

Specific hazmat transportation planning or training outputs this proposal will produce/achieve.

This specific legal notice and office supplies satisfies our requirement ofthe planning process to maintain our certification under the State Emergency Response Commission.

Benefit to the Central Berkshire REPC hazardous materials transportation planning or training efforts?

This specific legal notice provides information to the general public of our organization, its purpose, and the expected meeting schedule for the upcoming year. It also identifies the local "Right-to Know" Coordinator and how to request chemical information on any of the Tier II reporting facilities in our Regional Emergency Planning Committee coverage area.

Cost Category

Planning and Training

Legal Advertisement Office Supplies

Office Supplies

Office Supplies

GRAND TOTAL

Central Berkshire Regional Emergency Planning Committee

2016-2017 HMEP Sub-Grant Proposal

Budget Detail Worksheet

Description Quantity Unit Cost

EOC Functional One (1) half-day $1200.00 Exercise

Annual Legal One (1) $400.00 Advertisement

Copy Paper 4 cases $32.00

Printer Cartridges Two (2) $99.20

Copier Toner One (1) $225.00 Cartridges

Total

$1200.00

$400.00

$128.00

$198.40

$225.00

$2151.40

Linda M. Tyer Mayor

THE CITI OF PITTSFIELD OFFICE OF THE MAYOR


January 19, 2017


Dear Councilors,

Submitted herewith for your consideration is an Order authorizing the City of Pittsfield to pay a previous year expense in the amount of $71.50 from the FY2017 Personnel Budget.

LMT/CVB Enclosure

Re:r.eCtf~IIY submitted,

d:lrdh m'1!) Linda M iyer Mayor

DEPARTMENT OF PERSONNEL, CITY HALL, 70 ALLEN STREET, ROOM 107, PITTSFIELD, MA 01201 PHONE: 413-499-9340

January 17, 2017

To: From: Re:

Mayor Linda M. Tyer Michael Taylor, Director of Personnel Authorization to pay previous fiscal year charge

Mayor Tyer:

I hereby request your authorization to submit payment to Berkshire Health Systems, in the amount of $71.50, with funding from Personnel's FY17 budget for services rendered in FY16. Unfortunately, Berkshire Health Systems mistakenly billed US for services that occurred in June 2016 after July 1, 2016.

I appreciate your attention to this matter.

Sincerely,

Michael~

([Up of ~itt!)fidb No. __ _ MAS SAC H USE T T S

IN CITY COUNCIL

AN ORDER

AUTHORIZING THE CITY OF PITTSFIELD TO PAY A PREVIOUS YEAR EXPENSE IN THE AMOUNT OF $71.50 FROM THE FY2017 PERSONNEL BUDGET.

Ordered: That the City of Pittsfield be. and hereby is, authorized to pay a previous year expense in the amount of:

Berkshire Medical Center $71.50 01111-53010

Said payment is made in accordance with Massachusetts General Law. Chapter 44, Section 64.

hire Medical Center, Inc. $ AMOUNT ENCLOSED BERKSHIRE HEALTH SYSTEMS, INC.

P,Q Box 4999· Pittsfield, MA 01202

COMRANY.NAME ACCOtJNTNO ..

CITY OF PITTSFIELD COMPANY NAME

PITTS

Service'Dale ".

CITY OF PITTSFIELD ATTN PERSONNEL DEPT 70 ALLEN ST RM 107 PITTSFIELD MA 01201-6286

Please make checks payable to

Berkshire Medical Center. For Billing Inquiries, please contact Sue Bouchard (413) 395,7852.

BALANCE FORWARD

RECEIPTS, ADJUSTMENTS, REFUNDS DIRECT CHARGES PATIENT TRANSACTIONS

MISCELLANEOUS SERVICES

BALANCE DUE

TYPE 1

CLIENT

. BILLING DATE

10/2 8 /26

8278,50

-8207,00 0,00

1918.00

"'1.5'0

1989,50

1918,00 -8207.00

1989.50

Linda M. TYer Mayor

THE CITI OF PITISFIELD OFFICE OF THE MAYOR


January 19, 2017


Dear Councilors,

Submitted herewith for your consideration is an Order authorizing the City of Pittsfield to terminate a sewer easement in favor of the city located on property of General Electric Company in Pittsfield, Massachusetts, for a sanitary sewer line that has been realigned, and to accept from General Electric Company a new easement located on said property for the realigned sanitary sewer line.

LMT/CVB Enclosure

R~~ ectf~lIy submitted,

. H'l/A/ (L rn . ,I) LI da ~Iyer Mayor .

No.~~_

~ttp of ~itt£)fidb MAS SAC H USE T T S

IN CITY COUNCIL

AN ORDER AUTHORIZING THE MAYOR AND CITY COUNCIL PRESIDENT TO

TERMINATE A SEWER EASEMENT IN FAVOR OF THE CITY LOCATED ON PROPERTY OF GENERAL ELECTRIC COMPANY IN PITTSFIELD,

MASSACHUSETTS, FOR A SANITARY SEWER LINE THAT HAS BEEN REALIGNED, AND TO AUTHORIZE THE MAYOR AND CITY COUNCIL

Ordered: PRESIDENT TO ACCEPT FROM GENERAL ELECTIC COMPANY A NEW EASEMENT LOCATED ON SAID PROPERTY FOR THE REALIGNED

SANITARY SEWER LINE. (Page I of 2)

WHEREAS, General Electric Company ("GE") is the owner of a certain parcel of land located in Pittsfield, Massachusetts, numbered as Tax Identification Parcel No. K12-9-1 and situated between Dalton Avenue on the north, Plastics A venue on the west, Merrill Road on the south, and other private property on the east, together with an adjacent portion of the Dalton Avenue right-of-way to which title is held by the owner of said parcel (jointly, the "GE Property");

WHEREAS, the City of Pittsfield (the "City") is the holder of a recorded easement on a pOliion of the GE Property for a sanitary sewer line which ran in a generally southerly direction from Dalton Avenue;

WHEREAS, as part of environmental remediation activities at the GE Property, GE realigned a portion of that sanitary sewer line somewhat to the northeast, largely paralleling, but outside of, the existing easement area;

WHEREAS, the existing easement is no longer necessary, but there IS no easement of record for the realigned sanitary sewer line;

WHEREAS, GE has agreed to grant a new easement to the City for the realigned sanitary sewer line upon the City tenninating and releasing the previously recorded easement;

NOW THEREFORE, the City Council of the City of Pittsfield, acting pursuant to all acts, statutes, laws, and ordinances or p31is thereof and applicable thereto, does hereby vote, declare, specify and ORDER:

No. __ _

«Up of Jlittsfidb MAS SAC H USE T T S

IN CITY COUNCIL

AN ORDER AUTHORIZING THE MAYOR AND CITY COUNCIL PRESIDENT TO

TERMINATE A SEWER EASEMENT IN FAVOR OF THE CITY LOCATED ON PROPERTY OF GENERAL ELECTRIC COMPANY IN PITTSFIELD,

MASSACHUSETTS, FOR A SANITARY SEWER LINE THAT HAS BEEN REALIGNED, AND TO AUTHORIZE THE MAYOR AND CITY COUNCIL

Ordered: PRESIDENT TO ACCEPT FROM GENERAL ELECTIC COMPANY A NEW EASEMENT LOCATED ON SAID PROPERTY FOR THE REALIGNED

SANIT ARY SEWER LINE. (Page 2 of2)

1. That the Honorable Linda M. Tyer, Mayor of the City of Pittsfield, and City Council President Peter Marchetti, are hereby authorized to execute and deliver a tennination of the previously recorded easement for the sanitary sewer line on the GE Property that has now been realigned and to accept from GE a new easement for the realigned sanitary sewer line, all as described herein.

2. That this Order shall take effect upon enactment.

TERMINATION OF EASEMENT

THE CITY OF PITTSFIELD (the "City"), a municipal corporation existing under

the laws of the Commonwealth of Massachusetts, of Pittsfield, Berkshire County,

Commonwealth of Massachusetts, is the owner and holder of an easement for sewer

purposes on land owned by General Electric Company CGE") numbered as Tax Parcel

No. KI2-9-1 on the City of Pittsfield's Tax Assessor's map and situated between Dalton

Avenue on the north, Plastics Avenue on the west, Merrill Road on the south, and other

private property on the east, which easement was taken by the City by instrument dated

September 10, 1963, and recorded on October 2, 1963 in the Berkshire Middle District

Registry of Deeds in Book 771, Page 392. For consideration paid in the amount of One

and 00/1 OOths Dollars ($1.00), the City hereby tenninates, extinguishes, discharges and

releases to GE and to all other persons or entities claiming by, through or under GE

and/or whose properties are burdened thereby, said easement and any and all rights

acquired pursuant to said easement.

IN WITNESS WHEREOF, the CITY OF PITTSFIELD has caused this

instrument to be executed, sealed with the City seal, acknowledged and delivered by

LINDA M. TYER, Its Mayor, and PETER MARCHETTI, Its City Council President, this

__ day of ________ ., 201

CITY OF PITTSFIELD

By: -~L~IN~D-A~M~.~T~Y=E~R---------

Its Mayor

By: --=-PE::::CT=E=R~M:-A-=R:-CC=H-=E=T=T=-I-----

Its City Council President

COMMONWEALTH OF MASSACHUSETTS

County of Berkshire, ss.

On this day of , 201_, before me, the undersigned Notary Public, personally appeared LINDA M. TYER, Mayor of the City of Pittsfield, and PETER MARCHETTI, President of the City Council of the City of Pittsfield proved to me through satisfactory evidence of identification, which were , to be the persons whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose as Mayor and President of the City Council, respectively, of the City of Pittsfield.

Notary Public My Commission Expires: _____ _

(Seal)

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SAN IT ARY SEWER EASEMENT AGREEMENT

THIS EASEMENT AGREEMENT (this "Agreement") is made and entered into this day of 201 , by and between GENERAL -- -ELECTRIC COMPANY, a New York corporation with a place of business at 159 Plastics Avenue, Pittsfield, MA 01201 ("GE"), and THE CITY OF PITTSFIELD, a Massachusetts municipality with a principal place of business at 70 Allen Street, Pittsfield, MA 01201 (the "City").

RECITALS

This Agreement is made with respect to the following facts and objectives:

A. GE is the current owner of a certain parcel of land located in Pittsfield, Berkshire County, Massachusetts, numbered as Tax Parcel No. KI2-9-1 on the City of Pittsfield's Tax Assessor's map and situated between Dalton Avenue on the north, Plastics Avenue on the west, Merrill Road on the south, and other private property (containing railroad tracks) on the east, with the buildings and improvements thereon (some of which are numbered as Tax Parcel Nos. KI2-9-2, KI2-9-202, and KI2-9-3 on the Pittstield Tax Assessor's map), pursuant to:

(1) a deed of Pittstield Industrial Development Corporation ("PIDC") to GE dated March 19, 1920, recorded in the Berkshire Middle District Registry of Deeds on March 22, 1920, in Book 393, Page 580;

(2) a deed ofPIDC to GE dated December 30,1927, recorded in said Registry of Deeds on December 31,1927, in Book 434, Page 573;

(3) a deed of PIDC to GE dated August 24, 1942, recorded in said Registry of Deeds on September 15, 1942 in Book 506, Page 200; and

(4) a deed of the Commonwealth of Massachusetts, through its Division of Capital Planning and Operations, to GE dated May 3, 1984, recorded in said Registry of Deeds on May 7, 1984, in Book 1092, Page 1174;

with the addition of an adjacent portion of the Dalton Avenue right-of-way to which title is held by the owner of said parcel pursuant to M.G.L chapter 83, section 58. The foregoing area ofland is referred to herein as the "Property."

B. The Property is shown a plan entitled "Tax Parcel KI2-9-1, Plan of Property," dated August 18,2016, prepared for GE by Hill Engineers, Architects, Planners, Dalton, Massachusetts, which plan was recorded in the Berkshire Middle District Registry of Deeds on November 18,2016 in Plat 0, No. I.

C. A sanitary sewer line was previously installed in a portion of the Property, located in part in land subject to an easement taken by the City for sewer purposes by instrument dated September 10, 1963, and recorded on October 2, 1963 in the Berkshire Middle District Registry of Deeds in Book 771, Page 392.

D. As part of GE's remediation of an area known as the Unkamet Brook Area pursuant to a Consent Decree that GE executed with the United States, the Commonwealth of Massachusetts, and other parties, which was entered by the United States District Court for the District of Massachusetts on October 27, 2000, in United States et al v. General Electric Company (Civil Action No. 99-30225-MAP et seq.) (the "Consent Decree"), GE realigned a portion of the above-mentioned sanitary sewer line somewhat to the northeast of its prior alignment, largely paralleling, but outside of, the existing easement area, to facilitate the construction of an engineered landfill cap in that area. GE then constructed a capping system over the realigned sanitary sewer line, consisting of an upper and a lower cap, with structural fill and the sewer main contained between the two caps.

E. GE has agreed to grant to the City an easement on the Property to operate and maintain the realigned sanitary sewer line and related facilities, subject to the provisions of this Agreement, and the City has agreed to tenninate the prior easement.

NO W, THEREFORE, in consideration of the covenants contained in this Agreement, the parties hereby declare that the Property and all Owners (defined in Section 6.7.2) and occupants of the Property shall be and hereby are subject to the agreements, covenants, and conditions as set forth in this Agreement.

AGREEMENTS

1. Grant of Easement. Subject to the provisions of this Agreement, GE grants to the City, its successors and assigns, and their Authorized Representatives (defined in Section 6.7.1), a pennanent easement (including the right to enter upon the Property to effectuate the provisions and intent of this Ab'feement) in an area located on the Property containing 34,891 square feet, and shown as "Proposed 25' Wide Sewer Easement" (the "Easement Area") on a plan entitled "Easement Plan, Tax Parcel KI2-9-1," prepared for GE by Hill Engineers, Architects, Planners, Dalton, Massachusetts, dated November 30, 2016 and recorded in the Berkshire Middle District Registry of Deeds on , 201_, in Plat _, No. _ (the "Easement Plan"), for the purpose of operating. maintaining, repairing, and replacing (when necessary) a sanitary sewer line and related facilities; provided that City shall conduct such work in compliance with all applicable environmental laws and regulations and shall repair, restore, and revegetate the surface of the portion of the Property so affected, incJ uding the capping system constructed by G E, to substantially the same condition as existed prior to such excavation and in accordance with the Grant of Environmental Restriction and Easement described in Section 4 of this Agreement. The easement granted pursuant to this Section 1 is referred to as the "City Easement."

2

2. Reasonable Use of Easement. In exercising its rights under this Agreement, the City shall utilize commercially reasonable efforts to minimize any interference with the operations being conducted by the Owner at the Property, and the City shall notify the Owner of the Property of any proposed maintenance, repair, replacement, or other construction activities at the Easement Area (including the proposed schedule for such activities) at least three (3) business days prior to commencing such activities; provided, however, that the City shall have access to the Property at all times and without notice in the event that an emergency repair is required. In performing all such maintenance, repair, or replacement activities, the City shall fully comply with any and all instructions, directives, policies, procedures and/or protocols, written or oral, given and/or established by the Owner of the Property. Except for any temporary and partial interference which cannot be reasonably avoided, the City shall perfonn all such activities in a manner which minimizes the interference with the Owner's use and enjoyment of the Property. Once any such activities have commenced, the City shall diligently prosecute the same to completion, subject to acts of God and other events beyond its reasonable control.

3. Non-Exclusive Easement. The City Easement is a non-exclusive easement, and nothing contained herein shall be deemed to limit the rights of the Owner itself to connect to and use all or any part of the sanitary sewer line and related facilities, or to conduct repairs of the capping system above and below the sanitary sewer line, or to grant other easements, rights, privileges and licenses on, across, over or under the Easement Area, so long as such other easements, rights, privileges or licenses do not interfere with or adversely affect the use and enjoyment of the City Easement, and subject to the provisions of Section 4 of this Af,'feement. The Owner of the Property expressly reserves the right, without obtaining the consent of the City, to install vegetation on, or make any other changes to, all or any portion of the Easement Area, so long as such changes do not materially interfere with or adversely affect the use and enjoyment of the City Easement.

4. Grant of Environmental Restriction and Easement. Pursuant to the Consent Decree, GE has executed a Grant of Environmental Restriction and Easement ("ERE") on the Property, dated August 23, 2016, which ERE was recorded in the Berkshire Middle District Registry of Deeds on November 18, 2016, in Book 5857, Page 1. That ERE contains restrictions on certain future activities and uses, including excavations, at the Property, including the Easement Area. This Agreement and all activities conducted by the City pursuant thereto on, across, over, or under the Easement Area shall be subject to that ERE and to the rights, covenants, restrictions and easements created by and under that ERE insofar as they affect the City Easement.

5. Remedies and Enforcement.

5.1. All Legal and Equitable Remedies Available. In the event of a breach or threatened breach by either party of any of the terms, covenants, agreements, and conditions of this Agreement, the other paJiy shall be entitled to full and

3

adequate relief by injunction and/or all such other available legal and equitable remedies from the consequences of such breach.

5.2. Remedies Cumulative. The remedies specified in Section 5.1 shall be cumulative and in addition to all other remedies pennitted at law or in equity.

5.3. No Termination for Breach. Notwithstanding the provisions of this Section 5 to the contrary, no breach of this Agreement shall entitle a party to cancel, rescind, or otherwise tenninate this Agreement.

6. Miscellaneous.

6.1. No Waiver. No waiver of any default of any obligation by any party bound hereunder shall be implied from any omission by the other party with rights hereunder to take any action with respect to such default.

6.2. Covenants to Run With Land. It is intended that the City Easement and the rights and obligations set forth in this Agreement shall run with the land and create equitable servitudes in favor of the real property benefited thereby, shall bind every person and entity having any fee, leasehold, or other interest therein and shall inure to the benefit of the respective parties and their successors, assigns, heirs, and personal representati ves.

6.3. Acceptance by Subsequent Owner. Any subsequent Owner of the Property or any portion thereof, by acceptance of a deed conveying title thereto or the execution of a contract for the purchase thereof, whether from an original Owner or from a later Owner of such property, shall accept such deed or contract upon and subject to the City Easement and this Ah'feement. By such acceptance, any such subsequent Owner shall, for itself and its successors, assigns, heirs, and personal representatives, covenant, consent, and agree to observe, comply with, and perfonn the obligations and ah'feements set forth in this Agreement.

6.4. Severability. Each provision of this Ah'feement and the application thereof to the Property are hereby declared to be independent of and severable from the remainder of this Agreement. If any provision of this Agreement shall be held to be invalid or to be unenforceable or not to run with the land, such holding shall not affect the validity or enforceability of the remainder of this Agreement. In the event the validity or enforceability of any provision of this Agreement is held to be dependent upon the existence of a specitic legal description, the parties agree to promptly cause such legal description to be prepared.

6.5. Entire Agreement. This Agreement contains the complete understanding and agreement of the parties hereto with respect to all matters referred to herein, and all prior representations, negotiations, and understanding are superseded hereby.

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6.6. Notices. Notices or other communications in connection with this Agreement shall be in writing and shall be sent certified mail, return receipt requested, or by other national or regional same day or overnight courier company, or personal delivery. Notice shall be deemed given upon receipt or refusal to accept delivery. Each party will designate the individuals(s) to whom such notices shall be sent and provide their addresses to the other parties, and may change from time to time the recipients for notice hereunder and their addresses by like notice to the other party.

6.7. Definitions.

6.7.1. The term "Authorized Representatives" refers to the directors, officers, officials, employees, agents, and contractors of either party acting within the scope of their authority.

6.7.2. The term "Owner" or "Owners" shall mean GE or, to the extent GE no longer holds title, the party or parties that, at the relevant time, hold(s) fee simple title to all or any portion of the Property that contains any portion of the Easement Area, whether by sale, assignment, inheritance, operation of law, trustee's sale. foreclosure, or otherwise, but not including the holder of any lien or encumbrance on the Property.

6,8, Further Assurances. Whenever reasonably requested by a party hereto, the other party will promptly execute and deli ver or cause to be executed and delivered all such fuliher instruments, documents or assurances, and promptly do or cause to be done all such other further things as may be reasonably necessary and/or required in order to provide each party with the intended benefits of this Agreement.

6.9. Counterparts, This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument.

6.10. Governing Law, The laws of the Commonwealth of Massachusetts shall govern the interpretation, validity, perfonnance, and enforcement of this Agreement.

EXECUTED on the day and year first written above.

GENERAL ELECTRIC COMPANY

By: Roderic 1. McLaren Executive Counsel - Environmental Remediation

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THE CITY OF PITTSFIELD

By: ~~~~=-----------------

Linda M. Tyer Mayor

Peter Marchetti City Council President

COMMONWEALTH OF MASSACHUSETTS

COUNTY OF BERKSHIRE, SS.

On this day of , 201_, before me, the undersigned notary public, personally appeared Roderic J. McLaren, as Executive Counsel -Environmental Remediation, of General Electric Company, a corporation, proved to me through satisfactory evidence of identification, which was , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose.

Notary Public: ________ _

My Commission Expires: ____ __

COMMONWEAL TH OF MASSACHUSETTS

COUNTY OF BERKSHIRE, SS.

On this __ day of , 201_, before me, the undersigned notary public, personally appeared Linda M. Tyer, Mayor of the City of Pittsfield, and Peter Marchetti, President of the City Council of the City of Pittsfield, proved to me through satisfactory evidence of identification, which was , to be the persons whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose, as Mayor and President of the City Council, respectively, of the City ofPittstield.

Notary Public: ________ _

My Commission Expires: ____ _

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CC 1

(!Citp of JUttsfidb '·1

U/--IJ._'tIJ<_lt'I_tl-/' __ I_d.-/-- 20 /7 To the City Council of the City of Pittsfield:-

The undersigned respectfully

Request that the Buildings and Maintenance Department do a cost analysis

regarding the renovation/refurbishing of the historic Marquee located at the

Ralph 1. Froio Senior Center. It is requested that the analysis be presented

to the Council Committee on Public Building at their March meeting.

eel

~itp of ~itt5'fidb

June 20 2016 ________________ 20

To the City Council of the City of Pittsfield:-

111e underSigned respectfully

requests installation of left turn signals at the intersection of Center Street and Columbus Avenue for both northbound and southbound traffic.

Residents traveling this route, especially those in the senior housing complexes in the area, must sometimes wait through several traffic light cycles in order to make turns onto Columbus Avenue. Having a designated time for only left turns will allow those turns to be made safely and will alleviate traffic congestion.


-ffU ();\(!~Cn}U?L(J/;,)~ Melissa Mazzeo Councilor at Large

REGULAR MEETING OF THE CITY COUNCIL · 2017. 2. 11. · 1450 East st. Pittsfield, MA 01201...

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Transcript of REGULAR MEETING OF THE CITY COUNCIL · 2017. 2. 11. · 1450 East st. Pittsfield, MA 01201...