regular meeting of the city council g. kulberg, m.d. practicing pediatrician, berkshire pediatric...

of 2

REVISED AGENDA

(see item #10)

1. Open microphone APPOINTMENTS

2. Appointment of Dr. Alan Kulberg and Yvonne West to the Board of Health

3. Appointment of Pamela Knisley and Donna Kasuba to the Berkshire Athenaeum Board of

Trustees

4. Appointment of Randall Kinnas to the Council on Aging

COMMUNICATIONS FROM HER HONOR THE MAYOR

5. A communication from Mayor Tyer notifying the City Council of the appointment of Richard Jacob to the position of Permanent Captain and the appointment of Daniel Aitken to the position of Permanent Lieutenant in the Pittsfield Fire Department

6. A communication from Mayor Tyer submitting an Order authorizing the City of Pittsfield to accept a grant in the amount of $29,814 from the Executive Office of Public Safety and Security-State 911 Department

7. A communication from Mayor Tyer submitting an Order authorizing the City of Pittsfield to accept a grant in the amount of $3,000 from the Executive Office of Public Safety and Security-Highway Safety Division

8. A communication from Mayor Tyer submitting an Order transferring unspent FY08 bond proceeds

to the Capital Expenditures line item within the Unclassified accounts

9. A communication from Mayor Tyer submitting an Order amending Order No. 52 of the Series of 2012 to increase the authorized borrowing amount by $250,000 and amending Order No. 58 of the Series of 2008 to reduce the authorized borrowing amount by $250,000

10. A communication from Mayor Tyer submitting an Order authorizing the submission of a Special

Act providing for post-employment benefits for school bus drivers in the City of Pittsfield

11. A communication from Mayor Tyer submitting an Order authorizing the City of Pittsfield to accept a gift of funds in the amount of $300,000 from Berkshire Health Systems, Inc.

12. A communication from Mayor Tyer submitting an Ordinance amending the City Code, Chapter

24-Schedule of Fees, Section 24-1 for Public Utilities and Public Services

CITY OF PITTSFIELD REGULAR MEETING PITTSFIELD CITY COUNCIL Tuesday, December 13, 2016 at 7:00 p.m. Pittsfield City Hall, City Council Chamber

of 2

COMMUNICATIONS FROM CITY OFFICERS AND BOARDS

13. A petition from Councilors Connell and Morandi requesting the Mayor re-establish the Cable Commission

14. A petition from Councilor Morandi and Downtown Pittsfield Inc. requesting the speed limit on North Street from Park Square to Berkshire Medical Center be posted at 25 mph

REPORTS OF COMMITTEES

15. A report of the Committee on Ordinances and Rules on a communication from Mayor Tyer submitting an Ordinance amending the City Code, Chapter 10, Junk Dealers and Waste Collectors, Section 10-1(c), recommending approval

UNFINISHED BUSINESS

16. 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)

NEW BUSINESS

17. A presentation by the Berkshire County Education Task Force on its work to date MATTERS TENTATIVELY REFERRED BY THE PRESIDENT UNDER RULE 27

Referred to the Traffic Commission 18. A petition from Councilor Caccamo requesting “No Parking” signs on Boise Street and Newell

Street

19. A petition from Councilor Caccamo request a “Right Turn Only” or a “No Left Turn” sign be installed at the intersection of Boise Street and Newell Street

Referred to the Department of Public Services and the Engineering Department 20. A petition from Councilor Krol requesting improvements to signage on Fort Hill Avenue and

Hungerford Street

Referred to the Human Rights Commission 21. A petition from Rinaldo DelGallo III requesting an ordinance establishing a Pittsfield Trust Act

Linda M. Tyer Mayor

THE CITI OF PITTSFIELD OFFICE OF THE MAYOR

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

December 7,2016

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 reappointments to the Board of Health with terms beginning December 31,2016:

Dr. Alan Kulberg, of 115 Strong Avenue, Pittsfield, MA 01201 for a term expiring October 27, 2018

Yvonne West, of 323 Partridge Road, Pittsfield, MA 01201 for a term expiring March 22, 2019

~e~e<itfully submitted,

!;trcitLfn (~/l tinda M. Tyer Mayor '-

Alan G. Kulberg, M.D.

Practicing Pediatrician, Berkshire Pediatric Associates, P.C., Pittsfield, MA, 1987-Present

Medical Director, Berkshire Medical Center Concussion Clinic, Jan, 20 IS-Present

Albert Einstein College of Medicine Bronx, N.Y. M.D., 1975

Pediatric Residency, Bronx Municipal Hospital Center, and Hospital of the Albert Einstein College of Medicine 1975-1979

Director, Pediatric Emergency Service Bellevue Hospital Center, N.Y., N.Y., 1979- J 986

Co-Director, Medical Student(Pediatrics) and Pediatric Resident Training Program, New York University School of Medicine and Department of Pediatrics, 1979-1986

Certified, American Board of Pediatrics, 1980

Fellow, American Academy of Pediatrics

Credentialed ImPACT (Immediate Post-Concussion Assessment and Cognitive Testing) Consultant, 2014

Yvonne West Registered Nurse Laurel Lake Health and Rehabilitation Center

I have been a nurse for 27 years and currently work at Laurel Lake Health and rehabilitation Center in Lee, MA. I am a mother of two daughters: Mariah a third grade teacher in Georgia and Keiana a third year student at Williams College. I am currently the registered nurse for the Human Rights Committee. An Associate with the Women of Color Giving Circle in Pittsfield. I am an active member at Price Memorial A.M.E.Zion church. I am a mentor/facilitator with the R.O.P.E. girls. I was a recipient of the 2013 "Unsung Heroine" award which recognizes women from their communities for making a difference. I enjoy exploring and learning about new health issues and concerns. I have a passion for helping and teaching others.

Linda M. Tyer Mayor

THE CIlY OF PITTSFIELD OFFICE OF THE MAYOR


December 7,2016


Dear Councilors,

It is my sincere privilege to submit herewith for your conSideration, the following reappointments to the Berkshire Athenaeum Trustees:

Pamela L. Knisley, of 256 South Street, Pittsfield, MA 01201 for a term expiring September 17, 2017

Donna Kasuba, of 11 Hull Avenue, Pittsfield, MA 01201 for a term expiring September 21, 2019

~ereCtfUIlY submitted,

/! uyJ Ct 07 dj/) Linda r-X'Tyer Mayor '

B t ~ lK S H ~ IR t A lrlHfltNAtUfM\ WENDELL AVENUE· PITTSFIELD, tv1A 0120r-6385

Pittsfield's Public Library Since 1872

TO: MAYOR TYER

FROM: ALEX RECZKOWSKI, LIBRARY DIRECTOR

DATE: 2 DECEMBER 2016

RE: APPOINTMENTS TO LIBRARY TRUSTEES

The Nominating Committee of the Library Trustees is recommending that you appoint Pam Knisley (to fill a vacancy due to member resignation and serve until 9117/2017) and Donna Kasuba (to serve a tenn until 9/2112019) as mayoral appointments to the Library Trustees. Very brief background statements are provided below:

• PAM KNISLEY: With extensive experience in the hospitality industry, Ms. Knisley, who lives on South Street in Pittsfield, brings important skills in program development, event coordination, and marketing to the Board. Previous service includes volunteerism with Girls, Inc., of the Berkshires and the Berkshire Chamber of Commerce. Ms. Knisley's expertise comes to the board at a particularly opportune time, with comprehensive public relations and marketing projects in the library's strategic plan.

• DONNA KASUBA: First elected to the Board as a corporate appointment in 2001, Ms. Kasuba has been an active member for 15 years, serving on the Negotiating and Planning Committees and currently chairing a special collections sub-committee.

Athenaeum bylaws stipulate that "Trustees Appointed by the Mayor ... shall serve staggered three year tenns and any vacancy in their class shall be filled by the mayor with the approval of the City Council."

Thank you for your consideration of the board's request.

Cc: Catherine Van Bremer

Linda M. Tyer Mayor

THE CI1Y OF PITTSFIELD OFFICE OF THE MAYOR


December 7,2016


Dear Councilors,

It is my sincere privilege to submit herewith for your consideration, the appointment of Randall Kinnas, 100 Mountain View Terrace, Lee, MA 01238 to the Council on Aging for a term expiring October 1, 2017.

Re)\pectfully submitted,

~rd a rn. (JLj" /) (fn~a lV1. Tyer I

Mayor

CITY OF PITTSFIELD

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

Tuesday, November 29, 2016

Dear Mayor Tyer,

The nominating committee of the Pittsfield Council on Aging has chosen to recommend Randall Kinnas of 100 Mountain View Terrace, Lee, MA 01238, to serve on the Board of the Pittsfield Council on Aging. Mr. Kinnas will be replacing Diane Weinstein, for a term expiring October 1, 2017. Mr. Kinnas currently serves as the Executive Director of the Berkshire Family YMCA.

Christopher Flynn Chairperson of the Pittsfield Council on Aging

TI IECIEBVIE

~ n: NO'!" r n015 " J ,.( j, i'1.

=.J

Linda M, 1Yer Mayor

THE CI'IY OF PITTSFIELD OFFICE OF THE MAYOR

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

December 8, 2016


Dear Councilors,

I am submitting this communication to notify you that I am appointing the following individuals as firefighters in the Pittsfield Fire Department in accordance with Civil Service regulations:

Richard Jacob appointed to the position of Permanent Captain

Daniel Aitken appointed to the position of Permanent Lieutenant

Respectfully submitted,

tj) . cfWC(rL rn ;pr Linda M. Tyer Mayor

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

December 8,2016

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

Mayor Tyer,

I am writing to you to seek permission to have the following appointments made at the next city council meeting on December 13,2016:

• Richard Jacob appointed to the position of Permanent Captain

• Daniel Aitken appointed to the position of Permanent Lieutenant

Thank you for your attention and consideration in this matter.

Fire Chief

Linda M. Tyer Mayor



December 7,2016


Dear Councilors,

Submitted herewith for your consideration is an Order accepting a FY17 Training & Emergency Medical Dispatch Grant in the amount of $29,814.00 from the Executive Office of Public Safety and Security to the Pittsfield Police Department.

LMT/CVB Enclosure


~'I • , !

. . . (}1 J /1 in~~yer I~ Mayor 0

CITY OF PITTSFIELD

POLICE DEPARTMENT

POLICE HEAOQUARTERS, 39 ALLEN STREET, PIITSFIELD, MASSACHUSETIS 01201 (413) 448·9700, FAX (413) 448·9733

OFFICE OF THE CHIEF OF POLICE

PROFESSIONALISM' ETHICS' INTEGRITY' SENSITIVITY' ACCOUNTABILITY

December 5, 2016

Honorable Linda Tyer Mayor - City Of Pittsfield 70 Allen Street Pittsfield, MA 0120 I

Dear Mayor Tyer:

(413) 448·9717

Submitted for your consideration, is an authorization requesting the City of Pittsfield to accept a FYI7 Training & Emergency Medical Dispatch Grant (EMD) in the amount of$29,814.00 from the Executive Office of Public Safety and Security awarded from the State 911 Departments Training & EMD Grant Program to the Pittsfield Police Department.

Sincerely,

c: Matt Kerwood, Director of Finance

"DEDICATED TO EXCELLENCE"

No.

~ttp of ~itt£ifidb MAS SAC H USE T T S

IN CITY COUNCIL

AN ORDER

AUTHORIZING THE CITY OF PITTSFIELD TO ACCEPT A GRANT OF FUNDS IN THE AMOUNT OF $29,814.00 FROM THE MASSACHUSETTS EXECUTIVE OFFICE

OF PUBLIC SAFETY - STATE 911 DEPARTMENT

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 FYI7 State 911 Training & EMD Grant in the amount of$29,814.00 from the Massachusetts Executive Office of Public Safety & Security - State 911 Department to the Pittsfield Police Department.

The Commonwealth of Massachusetts EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

STATE 911 DEPARTMENT 151 Campanelli Drive, Suite A - Middleborough, MA 02346

Tel: 508-828-2911 - TTY: 508-828-4572 - Fax: 508-828-2585 www.mass.gov/e911

CHARLES D. BAKER Governor

September 8, 2016

Chief Michael J. Wynn Pittsfield Police Department 39 Allen Street Pittsfield, MA 01201

Dear Chief Wynn:

DANIEL BENNETT Secretary of Public Sqfety

and Security

FRANK POZNIAK Executive Director

The Commonwealth of Massachusetts, State 911 Department would like to thank you for participating in the FY 2017 State 911 Department Training Grant and EMD I Regulatory Compliance Grant program.

For your files, attached please find a copy of the executed contract and the final approved Appendix A: Listing of Certified Telecommunicators for your grant. Please note your contract start date is September 8, 2016 and will run through June 30, 2017. Please keep in mind that there shall be no reimbursement for costs incurred prior to the effective date of the contract and all goods and services MUST be received on or before June 30, 2017.

Reimbursement requests should be submitted to the Department within thirty (30) days of the date on which the cost is incurred. We have made the request for payment forms available on our website www.mass.gov/e911. For any questions related to this process, please contact Michelle Hallahan at 508-821-7216. Please note that funding of reimbursement requests received more than three (3) months after the close of the fiscal year under which costs were incurred cannot be guaranteed.

If, in the future, you would like to make any changes to the authorized signatory, the contract manager, and/or the budget worksheet, please e-mail [email protected]. Grantees are strongly encouraged to submit final, year-end budget modification requests on or before April 14, 2017.

7 relY,

f~ll/ Frank P. Pozniak Executive Director

cc: FY 2017 Training Grant and EMD / Regulatory Compliance Grant File

FY 2017 Training Grant and EMDlRegulatory Compliance Grant

Name of CityrrownlMunicipality Address

('City/Town/Zip Telephone Number Fax Number Website

Name of Eligible Entity N amerritIe of Authorized Signatory Address (if different from above) Telephone Number Fax Number Email Address

Program/Contract Manager

Telephone Number Fax Number Email Address

Requested Funding:

City of Pittsfield/ Police Department 39 Allen Street Pittsfield, MA 01201 413-448-9717 413-395-0131 www.pittsfieldpd.org

Pittsfield Police Department Michael J. Wynn

413-448-9717 413-395-0131 [email protected]

Gary Traversa

413-448-9700 ext 412 413-395-0131 [email protected]

Training Grant Funds $ ____ ..:::$-=.29::2,=.:.81::...:4"-',0:..::0 EMDlRegulatory Compliance Grant Funding $ ______ 0"-',..::...0_

Total Funds Requested $ ____ -'$_2'-<9,'-81_4-'...,0:...::.0

Applicant meets the EMD requirements established by the State 911 Department as follows (Complete either 1 or 2)

1) X Provide EMD utilizing in-house certified emergency medical dispatchers using

__ APca EMDPRS X PowerPhone EMDPRS __ Priority Dispatch EMDPRS

2) __ Provide EMD utilizing a Certified EMD Resource:

*N arne of Certified EMD Resource: ---------------------------------------__ APca EMDPRS __ Power Phone EMDPRS __ Priority Dispatch EMDPRS

*Please attach a copy of the contract between the applicant and the Certified EMD Resource

Sign below to acknowledge having read and agreed to the grant conditions and reporting requirements listed in the application packet. I

-'i'.!... __ dayof June , 20 _1,.,6<--_

FY 2017 Training Grant Budget Worksheet

FunCjing CateS9FY .

A. Fees

B.l. Personnel

B.2. Fringe and/or

'ilrn()ijrii ...... ·•· .... ·;~!ri~!i,,~~J)i9~1~e~~f#jIso~ .. . RC!qu~~t~d ·ftiijijlrlg .. e~ij~~r> ....•••.....

Fees associated with attendance at approved $8000.00 911 training courses for certified

Telecommunicators (or those working toward certification) for training and certification compliance, to include 16 hours of continued education.

$19.814.00 Overtime for participants, replacement costs associated with participant attendance, straight-time for part-time per diem for participation or replacement, associated with training and certification compliance, to include 16 hours of continuing education.

Indirect costs associate $

with Personnel Costs

C. Training Software $

and other products

D. Lodging $2000.00 Lodging for participants to attend courses which are 90 miles or more from the PSAP.

.. ... . ...., .... , ... ••••••• 'J'otalAmountof $~~,814.00

..... . . ..• . .... . ...

. ..•.... ... JrainingGr~.nt '

FUllding Requested .

In order to receive reimbursement for allowable expenses relating to EMD and/or Quahty Assurance of

EMD programs, the applicant shall select and use a single EMD certification organization and a single

EMDPRS.

Except as otherwise expressly noted herein for allowable expenses for administrator backroom training and

for attendance at the State 911 Department Dispatch Academy, funding for the State 911 Department

Training Grant shall first be used to meet minimum training and certification requirements for enhanced

311 telecommunicators and min' um requirements governing emergency medical dispatch established by

the State 911 Dep rt ent, and unding may be used for other purposes only after funding has been used to

I nitial Here: .!..-,P-f-.f-.IJ---"'----

FY 2017 EMD/Regulatory Compliance Grant Budget Worksheet

. funditag~ .. t~g~fy . ..... IAtl1~~rtt6.~g~~~~~d

A. Fees $

B.l. Personnel $

B.2. Fringe and/or Indirect costs associate with Personnel $ Costs

C. Training Software and other $ products

. D. Lodging $

E. Certified EMD Resource $

F. Other Emergency Medical Dispatch and Quality $ Assurance of Emergency Medical Dispatch Services

..

N~~~~ti~~~~t~v;~ia~t~jls9D' . fyndil1gr~qgl!$t . .' ., . .... .',

Name of CEMDR:

(Attached copy of contract with CEMDR)

L . ' ..... " ..' '. .

tl)taIAm()~ntof $ .. ' £NlD/~egJJJ~toryCompli~nce

Grahtf ... ndi"gR~quested .. ' ". . ... Grant applicants seeking supplemental funding under the State 911 Department EMD/Regulatory Compliance Grant shall complete a project narrative. Applicants shall state good cause why supplemental funding should be awarded (e.g., training/certification of unanticipated new hire; unanticipated increase in contractual obligation, etc.) and shall include any and all additional information that further supports the request for such supplemental funding. (i.e., spreadsheet/worksheet attachment). A sample spreadsheet/attachment is posted on the State 911 Department website at www.mass.gov/e911.

~.)(cept as otherwise expressly herein for allowable expenses for administrator backroom training and for .. ttendance at the State 911 DelDartm,ent Dispatch Academy, funding for the State 911 Department Training Grant shall first be used to meet training and certification requirements for enhanced 911 telecommunicators and minimum emergency medical dispatch established by the State 911 Department, and funding may be used only after funding has been used to meet such requirements. Initial Here: ~CJ.f-H-.Ll<c-

COMMONWEAL TH OF MASSACHUSETTS ~ STANDARD CONTRACT FORM (e,; ""."" This form is jointly issued and published by the Executive Office for Adm~1istration and Finance IANF), the OffICe of the Comptroller fCTR) and the Operational

Services Division (OSo) as the default contract for all Commonwealth Oepartments when another form is not prescribed by regulation or policy. Any changes 10 the offICial printed language of this form shaK be void. Additional non-conflicting te/ll\S may be added by Attachment Conlractors may not require any additional agreements, engagemenlletters. contract forms or other additionall.enns as part of this Contract without prior Department approval. crick on hyper1inks for definitions, instructions and legal requirements thai are incorporated by

I ·to~~CtractAnIec1ron· I~I IIbJel I deGida FVdo F IdndOSDF re erence In on e ~copyo IS ann IS 8iJa a a WNW.ma~.gov osc un r u nee or en rs· orms or www.ma§§,go~ os u er arms,

CONTRACTOR LEGAl NAME: City of PlUsfield COMMONWEALTH DEPARTMENT NAME: _911 Department

(and d/b/a): Pittsfield Police Department MMARS Del!!!rtment Code: EPS

L!!!Ial Address: (W-9, W04,T&C):'70Allen Street. p;.it,J, _ (f) M A "".0 n I Business Mailing Address: 151 Campanelli Drive, SUite A, Middleborough, MA 02345

eonWIC! Manager: Michael J. Wynn, Chief of Police Billing Address {if different}:

E·Mail: [email protected]'1l Contract Manager: Cindy Reynolds

Phone: 413-448-9117 IFax: 413.J95.j1131 E-Mail: 911D!lttGran~tale.ma.us

Contractor Vendor Code: VC6000192128 Phone: 5fl8.821·7299 I Fax: _2585

Vendor Code Address 10 (e.g. "ADOO1"): A~ MMARS Doc ID(s): CTEPS GRNT (Nole: The Address Id Must be set up for EFT pa ents.J RFRIProcurement or O!Der 10 Number: FY17 TralnlngfEMDlRegulltOry Complilncf Grant

l.. NEW CONTRACT _ ~ONTRACT AMENDMENT PROCUREMENT OR EXCEPTION TYPE: (Check one option only) Enter Current Contract End Dale f!i9! to Amendment -' 20_.

Statewide Contract (080 or an OSD-designated Department) Enter Amendment Amount: $ ___ . (or ~1lO change")

Collective Purchase (AlIBcIl OSD approval, scope, budgel) AMENDMENT TYPE: (Check one option only. Attach details of Amendmenl changes.) .x. Department Procurement (inclucles State or Federal grants 815 CMR 2.00) Amendment to Scope or Budget (Attach updated scope and budget)

(AUacI1 RFR and Response or olller procuremenl supporting documooilllion) Inlerlm Conlract (AlIBch juslif~lion lor Inlerim COntract and updeled scopelbudget) Emergency Contract (Attach justification for emergency, scope, budget) Contract Employee (Attach any updates to scope or budget) Contract Employee (A1t.ach Employment Status Form, scope, budget) leqislativelLegal or Other: (Attach authorizing JanguageJjustifJCaoon and updated scope LegislativelLegal or Other: (Attach au1l1orizing languagefJUstification, scope and and budget) budget)

Tire following COMMONWEALTH TERMS AND CONDITIONS (T&C) has been execuled, filed with CTR ,nd Is incorporated by reterence Into this Contract X Commonwealth T enns and Conditions Commonwealth Terms and ConditiOns For Human and Social Services

COMPENSATION: (Check ONE oplion): The Department certilies that payments for au~orized pe~ormance accepted in accordance with !he leo.s of this Contract wHi be supported in the state accounting system by sufficient appropriations or other non-appropriated funds, subject to intercept for CommonweaHh owed debts under 815 CMR 9.00,

Rate Contract (No Maximum Obligation. Attach details of all rates, units, calculations, o:mdmons or terms and any changes if rates or Iemls are bein~ aQ~k.o J)

X Ml!ximuoo Qbligation Contract Enter Tota! Maximum Obl~ation for total duration of this Contract (or new Total if Contract is being amended). $ I . ~ PROMPT PAYMENT DISCOUNTS (!,PD): Commonwealth payments are issued throllJh EFT 45 days from Invoice receipt. Contrac:tofS 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 araleft blank, ~entily reason: -X..agree to standard 45 day cycle _ slaJutoryltagat Of Ready Payments (G1. c 29 § 23M; _ on~ Inltiat payment (subsequent payments scheduled to support standard EFT 45 day paymenl cycle. See PromRt Pa:t: Discounts POligy.)

BRIEF DESCRIPTION OF CONTRACT PERFORMANCE or REASON FOR AMENDMENT: (Enter the Contract titie, purpose, fiscal yea~s) and a detailed description 01 ~e scope 01 pertonnance orwhat is being amended for a Contract Amendment Attach all supporting documentation and justifications.) Contract is forthe reimbursement of funds under the State 911 Department FY2017 Training Grant and EMD/Regulatory Compliance Grant as authorized and awarded In compliance with grant guidellnes and grantee's approved application,

ANTICIPATED START DATE: (Complete ONE oplion on~) The Departmenl and Contraclor certily lor this Contract, or COntract Amendment. ~al COntract obligations: _ 1. may be incurred as of the Effective Date (Iatesl signature dale below) and.!lQ obligations have been incurred.QtlQ! to !he EffectiVe Date. _ 2. may be incurred as of __ • 20_, a date LATER Ihan!he Effectrve Date below and.!lQ obligations have been incurred ruiQr to the EffecLive Dale. _3. were incurred as of -,20_, a date PRIOR to the Effective Date below, and the parties agree that payments for any obligations incurred prior 10 ttle EHec~ve Date are

authorized 10 be made either as settlement payments or as authorized reimbursement payments, and that the details and circumstances of all obligations under this Contract are attached and incorporated into this Contract. Acceptance of payments forever releases the Commonwealth from further claims related to these obfigations.

CONTRACT END DATE: Contract perfonnance shall terminate as of June 30. 2017 . with no new obligations being incurred after this date unless the Contract is property amended, provided that the terms of this Contract and perfonnance expectations and obJijations shall survive its termination for the purpose of resolving any daim Of dispute, for completing any negotiated terms and warranties, 10 allow any close out or transition pertorrnam:e, reporting, invoicing or final payments, or during any lapse between amendments.

CERTIFICATIONS: Notwflhstanding verbal or other representations by the parties, the "Effective Date" of this Contract or Amendment shaM be the latest date that this Contract or Amendment has been executed' by an authorized signatory of the Contractor, the Department or a tater 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 nol attached hereto) under the pains and penalties of perjury, agrees to provide any required documentation upon request 10 support oompliance, and agrees that all terms governing performanoe of this Contract and doing business in Massachusetts are attached or incoJpOf'ated by reference herein according to the following hiemrchy of document precedence, the applicable Commonwealth Terms and Conditions this Standard Contract Form IncludIng the Instructions and ConlraC\.or Ger!ificaUons the Request for Response (RFR) or other solicitation, the Contractor's Response, and addiflonal negotiated terms, provided thai additional negotiated terms will take precedence over the relevant terms in the RFR and the Contractor's Response only If made using the process outiined in 8Q1 CMR 21.07, incorporated herein, provided that any amended RFR or Response tenns result in best value, lower costs, or a more cost effective Contracl

AUTHORIZJII&>SIGNirURE A NTRACTOR: ~ AUT~INGAtGNATURE FOR THE COMMONWEALT~ X: 'll/L.h / 'II t't-0Jw, Dale: ')./. X: .,.... - Il..... , 0,1&:

(Sig~re anrfD Ie uS,!.l!!H~ifC0'lme 0 Sign re) I (Signature and Dale Must Be Handwritten A1Time 0 Sign lure) Prinl Name: 11 (" /.J, l.. j. [A. M , Print Name: Frank Pozniak ,

PrintTHle: ( .111[;::' G fCllC'!7/' Print Title: executive Director

Linda M. Tyer Mayor

THE CITY OF PITTSFIELD OFFICE OF THE MAYOR


December 7,2016


Dear Councilors,

Submitted herewith for your consideration is an Order accepting a grant of funds in the amount of $3,000.00 from the Executive Office of Public Safety and SecurityHighway Safety Division for the Pittsfield Police Department.

LMT/CVB Enclosure

~enpectfully submitted,

;11ft;!/;{ rna,f'!' Linda M, Tyer Mayor

CITY OF PITISFIELD

POLICE DEPARTMENT

POLICE HEADQUARTERS, 39 ALLEN STREET, PITISFIELD, MASSACHUSETTS 01201 (413) 448-9700, FAX (413) 448-9733

OFFICE OF THE CHIEF OF POLICE

PROFESSIONALISM' ETHICS· INTEGRITY' SENSITIVITY' ACCOUNTABILITY

November 29,2016

Honorable Linda Tyer Mayor - City Of Pittsfield ?O Allen Street Pittsfield, MA 01201

Dear Mayor Tyer:

(413) 448-9717

The Pittsfield Police Department has applied for a FYI? Traffic Enforcement Grant in the amount of $9,000.00. Approved to date due to funding availability is $3,000.00 to cover the first mobilization, Drive Sober or Get Pulled Over (DSOGPO). Therefore, I am requesting that the City of Pittsfield accept this funding of the FYI? Traffic Enforcement Grant in the amount of $3,000.00 from the Executive Office of Public Safety and Security-Highway Safety Division to the Pittsfield Police Department until further funding is available.

S;"1iL A 0;11 \~ Michael J. V~ r Chief of Polic

c: Matt Kerwood, Treasurer Allison Bottume, Accounting Department

"DEDICATED TO EXCELLENCE"

No.

([itl' of 1}litt~ftdb MAS SAC H USE T T S

IN CITY COUNCIL

AN ORDER

AUTHORIZING THE CITY OF PITTSFIELD TO ACCEPT A GRANT OF FUNDS IN THE AMOUNT OF $3,000.00 FROM THE MASSACHUSETTS EXECUTIVE OFFICE

OF PUBLIC SAFETY - HIGHWAY 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 FY2017 Traffic Enforcement Grant in the amount of$3,OOO.OO from the Massachusetts Executive Office of Public Safety -Highway Safety Division to the Pittsfield Police Department.

Margaret Gregory - Bilotta

From: Michael Wynn Sent: To: Subject:

Wednesday, November 23,20169:58 AM Margaret Gregory - Bilotta; James Mcintyre FW: AUTHORIZATION for 2017 DSOGPO

Attachments: TE 2017 Scope of Services.doc; HighwaLContract_Subrecipient Grant Conditions.doc

Importance: High

FYI

From: Phelan, Lindsey (OGR) [mailto:[email protected]] Sent: Wednesday, November 23, 20169:11 AM To: Phelan, Lindsey (OGR) Cc: O'Leary, Edward (OGR) Subject: AUTHORIZATION for 2017 DSOGPO Importance: High

Dear Chiefs and Grant Contacts,

On behalf of the Executive Office of Public Safety and Security, please accept this email and attached Scope of Services as authorization to proceed with the Drive Sober or Get Pulled Over mobilization under the FFY 2017 Traffic Enforcement grant program. The DSOGPO will run from Friday, December 9,2016 through Sunday, January 1, 2017.

• Please note that this authorization ONLY applies to the first mobilization of the year due to continuing issues with funding availability. I will follow up at a later date to authorize your department for additional mobilizations. Formal award letters from Governor Baker's Office will not be issued.

• When submitting your reimbursement requests, please include the attached Highway Contract Subrecipient Grant Conditions form, which is required in order to receive reimbursement for the mobilization. One set of signed originals is required and one set of copies. Make sure Addendum 5 is signed, although there are no special conditions for this award.

• Reporting forms and a sample news release for the December DSOGPO will be posted on our website in the weeks to come. Our Law Enforcement Liaison, Chief Ed O'Leary, will send out links to those materials when they are available.

• As always, your department will not be reimbursed for any costs incurred in advance of the start date of the DSOGPO mobilization nor any costs incurred outside of the DSOGPO dates. Please note there is no in-kind match requirement this year.

Contact me with any questions or concerns. I look forward to working with you on this program.

Happy Thanksgiving!

Lindsey Phelan, Program Coordinator Highway Safety Division Office of Grants and Research Executive Office of Public Safety and Security 10 Park Plaza, Suite 3720 Boston, MA 02116

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p. (617) 725-3337 f. (617) 725-0260

Michael Wynn Chief Of Police

Pittsfield Police Department 39 All en Street Pittsfield, MA 0 J 20 J 413.448.9700 x330 [email protected]

This electronic message and any attached files contain information from the City of Pittsfield Police Department that may be privileged and/or confidential. The information is intended only for the recipient named above, and use by any other person is not authorized. If you are not the intended recipient, any disclosure, distribution, copying or use ofthis information is strictly prohibited. If you have received this message in error, please call 413-344-3765 or notifY the sender bye-mail immediately. Also, please be advised that the Secretary of State's office has determined that most emails sent to and from municipal offices and officials are considered to be public records and consequently may be subject to public disclosure.

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FFY 2017 Scope of Services Traffic Enforcement Grant Program

In support of the Federal Fiscal Year (FFY) 2017 Traffic Enforcement Grant Program, eligible municipal police departments will conduct high-visibility traffic enforcement during specified mobilization periods and in accordance with the Application, the Availability of Grant Funds (AGF) Narrative and any amendments issued by the Executive Office of Public Safety and Security's (EOPSS) Highway Safety Division (HSD).

Eligible enforcement activities under this contract include funding for high-visibility traffic enforcement of motor vehicle laws, including but not limited to, speeding and aggressive driving, impaired driving and occupant protection.

Changes to this scope may be made as part of the annual Highway Safety Plan and the annual Federal Grant Award that provide for this grant program. The Scope of Services provides an overview of the terms and conditions of the Traffic Enforcement Grant Program; participating departments are strongly encouraged to read the Availability of Grant Funds (AGF) for the complete list of conditions related to this grant program. The AGF is located on our website at www.mass.gov/highwaysafety under the "FFY 2017 Traffic Enforcement Grant Program" link. All questions related to this grant program should be directed to Lindsey Phelan via email at [email protected].

Amounts received each year will be specified in the official award letter and/or authorizing email that are issued to the communities. Grant awards are subject to the availability of federal funds and any other provisions specified in the Highway Safety Plan and the Federal Grant Award. The use of a multi-year contract is a tool to streamline the contracting process and reduce the amount of annual paperwork associated with this grant program.

Contracts shall terminate in the event funds are exhausted and/or not made available by the Federal Government for this program. If the grantee makes obligations in anticipation of receiving funds under this grant, the grantee does so at their peril and the Commonwealth will be under no obligation to make payments for such performance.

• All municipal police departments that meet established requirements are eligible for grant funding.

• Departments are strongly encouraged, but not required, to participate in all mobilizations during the grant year. However, if due to staffing shortages or scheduling conflicts, departments may opt to participate in fewer mobilizations. Departments must notify Lindsey Phelan via email [email protected] of the decision not to participate in a particular mobilization for which they have received funding. A copy of the correspondence will be added to the department's program file.

• Departments are required to conduct a minimum of three documented stops/contacts per hour; if less, the EOPSS/HSD reserves the right to end program participation for the next mobilization or for the remainder of the federal fiscal year, through September 30, 2017.

Documented stops are defined as any grant-funded patrol officer contact with motorists during the high-visibility traffic enforcement mobilization periods that can be supported by written or electronic records maintained at the police department. These records must be maintained in a manner that guarantees their accountability during a review or audit.

• During the grant period, with 48 hours notice, monitoring visits may be conducted of department's enforcement records. All departments must keep on file copies of all citations and documentations written under the EOPSS/HSD Traffic Enforcement Grant Program and additional pertinent information for three years after the grant terminates.

• Non-participation or non-compliance with performance measures may result in contract suspension, termination and/or non-reimbursement of mobilization expenses

• Based on the availability of federal funds, EOPSS/HSD may increase funding and/or the number of high-visibility mobilizations based on established criteria and performance measures.

• Grant funded enforcement must occur only during the mobilization periods listed below and under the terms detailed in the AGF.

1st Mobilization Drive Sober or Get Pulled Over December 9,2016 - January 1, 2017

Reports due: January 20, 2017 2nd Mobilization Click It or Ticket May 8,2017 - May 29,2017

Reports due: June 16, 2017 3rd Mobilization Drive Sober or Get Pulled Over August 14, 2017 - September 4, 2017

Reports due: September 22, 2017

Note: These dates are subject to change. Please refer to Program Coordinator's email communications in advance of mobilizations for official dates.

• No department should begin initial enforcement efforts until an annual EOPSS/HSD approval letter or email is issued. Costs incurred before a department receives written notification will not be reimbursed.

• Patrols under this grant must be no less than two hours or greater than eight hours in length and devoted solely to traffic enforcement activities.

• Departments will be reimbursed for actual hours worked during a mobilization. • Officers funded during this grant shall be dedicated in total to traffic law enforcement,

except in the case of a criminal offense committed in the officer's presence, in the case of response to an officer in distress, or in the case of a riot where all available personnel must be committed.

• If an officer makes an arrest or processes a criminal complaint application/summons during the shift but does not complete the arrest/summons before the shift is scheduled to end, the officer can continue working under the grant to complete that arrest/summons.

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• Patrols for the Drive Sober or Get Pulled Over mobilizations should be scheduled between 2:00 p.m. (1400) and 7:00 a.m. (0700) Thursday through Sunday. However, departments may conduct overtime activity every day of the week, with more than 50% conducted between Thursday and Sunday and any time of the day to target impaired driving, lack of safety belt use, speeding, distracted driving and other risk-taking motor vehicle behaviors (i.e. non-compliance with the Move Over law).

• To maximize grant funding, patrols must be one officer per cruiser; however, multiple cruisers may be out at one time.

• Full-time officers will be reimbursed at an overtime rate of pay for hours worked during the mobilizations. Part-time or auxiliary officers may participate in all mobilizations and will be reimbursed at their normal hourly rate of pay.

• Sobriety checkpoints must be conducted in cooperation with the Massachusetts State Police and have prior EOPSS/HSD approval and a department plan. EOPSS/HSD will allow departments to increase the number of hours beyond the eight-hour block and the number of personnel assigned to conduct sobriety checkpoints during DSGPO Mobilizations.

• Costs incurred by departments participating in Sobriety Checkpoints will not be covered prior to the start date or end date of impaired driving mobilizations.

• Departments must have an active, enforced, written safety belt policy for officers. • Departments without a written safety belt policy for officers in place at the time of the

submission of the application may apply for grant funding but will receive a 50% reduction in the total grant award.

• Expenditure and Activity Report Forms must be submitted after each mobilization period. All reporting forms will be made available to departments at www.mass.gov/highwaysafety. Departments are required to submit one original and one set of copies of all reporting forms. Original documents should be signed and dated in blue ink. Original documents should not be stapled.

• Failure to submit the required reporting forms by the established deadlines may result in non-reimbursement.

• lack of activity for any mobilization period may subject the grant to suspension, termination and/or non-reimbursement of expenses.

• This is a cost reimbursement grant program. • No grant funding can be applied to an indirect cost rate charged by a municipality. • Indirect administrative costs and fringe benefits are not allowable under the terms of this

grant.

• Unspent funds cannot be rolled forward to a future mobilization.

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All sections must be completed to be eligible.

Department Name Pittsfield Police Department Department Street Address 39 Allen Street

Department Mailing Address (if different)

City/Town Pittsfield Zip Code 01201

Department Social Media Accounts Facebook http://www.facebook.com/ ..... www.facebook.comlPittsfieldPolice/ Twitter http://www.twitter.com/ ..... @pittsfieldpd Other Other Other

Grant Contact Name' Officer James B. Mcintyre

Title Traffic Officer

Email Address [email protected]

Telephone 413-822-6325

Fax 413-395-0124

'Contact person responsible for submitting grant application, managing program, and submitting monthly reports. If multiple individuals will be responsible for these tasks, please fill out the additional page of contact information at the end of this document and indicate specific aSSignments/roles for each individual.

Chief Name Chief Michael J. Wynn

Email Address [email protected]

Telephone 413-448-9700

Fax 413-395-0124

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Department and Community Profile

1. How many officers are trained in the use of Preliminary Sreath Test (PST) units?

10

2. How many officers are trained as certified crash reconstructionists?

4

3. How many officers are trained as certified Child Passenger Safety (CPS) technicians?

7

4. Does your department have a PST policy?

YES

S. Has your department adopted a voluntary HSD Zero Tolerance safety belt enforcement policy?

YES

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Experience

1. Did your department receive a FFY 2016 or FFY 2015 EOPSS/HSD Traffic Enforcement grant?

a. If yes, what were some of the grant's successes?

The Pittsfield Police Department was the recipient of grant funding for Traffic Enforcement in 2015 and 2016. We have had successful mobilizations throughout the grant periods. To date in the 3 enforcement periods of the 2016 grant, we have made 310 motor vehicle stops and issued citations for violations ranging from speeding to texting while operating. During the grant we removed intoxicated operators, unlicensed drivers and unregistered vehicles from the roadways. In 2015 we made over 510 stops during the grant period. All ofthese interactions help to reduce the number of motor vehicles crashes, increase seatbelt usage and to help increase compliance with motor vehicle laws.

b. What were some of the challenges?

During the current grant period the only challenge that we have experienced was staffing during the May, 2016 grant period. There were some staffing difficulties due to training and officer availability. To see if a motorist is wearing their seatbelt during night time mobilizations and to attain the 12 stop requirement when traffic flow is light can be a challenge.

i. How were these challenges addressed?

Officers have been instructed to be observant for movement by the motorists, which could be consistent with taking off the belt or actually trying to secure the belt as the officer approaches the vehicle. With late night operations officer have been instructed to focus on major roadways and to patrol areas known for late night crashes and incidents.

2. If your department received a FFY 2016 EOPSS/HSD Traffic Enforcement grant, how many mobilizations did your department participate in during FFY 2016?

To date we have participated in all 3 mobilizations.

3. Was your department able to spend its full 2016 mobilization award? If not, why not?

To date, we have spent just over $7,000 of the $9,000 budget allotment for the first 3 mobilizations. This amounts to a little under 80% of the allocated funding.

4. Does your department anticipate being able to spend its full award for 2017? If not, please explain. The Pittsfield Police Department fully expects to spend the full amount of grant funding for the 2017 grant period.

Goals & Evaluation

The department's Traffic Enforcement grant goals should be numeric and contain some measure of reduction. Goals should be in the following format, although the goals themselves will likely be different depending on the data for your town:

• To decrease fatalities ItflPl% from m1[ during calendar year ~l!!~ to .' in 2017

• To decrease unrestrained passenger vehicle occupant injuries 50% from 26 during calendar year rf~ to 1d in 2017

• To decrease the number of impaired driving-related crashes 50% from iQ during calendar year ~ to 10 in 2017

If you are unable to obtain crash data from your department's system, crash data for each municipality in Massachusetts can be accessed by using MassTRAC. Request access here: http://www.mass.gov/eopss/crime-prev-personal-sfty/traffic-safety/trcc/masstrac.htmlor email [email protected].

NOTE: Application will not be accepted without goals in the above format. Please contact Program Coordinator with questions or concerns.

1. Please list goals here.

Reduce total amount of motor vehicle crashes. Reduce amount of personal injuries and property damage. Increase seat belt usage thru enforcement and education Maintain levels or increase levels of OUI related enforcement Reduce red light, stop sign and other aggressive driving violations Make a marked reduction in amount of distracted driving occurrences.

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2. How were these goals determined?

These goals were determined thru input from supervisory staff, traffic supervisors, traffic officers and patrol officers.

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3. Using local crash data for your city or town please identify streets/intersections where grantfunded patrols would have the greatest impact.

Dalton Avenue at Crane Avenue and Dalton Ave at the intersection of Merrill and Cheshire Road have been identified as high crash locations. Dalton Avenue is a major east-west roadway and there have been 23 crashes at these two intersections in 2015. Speeding is a chronic issue on Dalton Ave.

Holmes Road at Williams Street had 4 crashes in 2015. Williams Street and Holmes Road are residential streets with a high incidence of speeding violations.

East Street in the 0-500 block which covers intersections with Park Place, Wendell Ave, First Street, Pomeroy Ave and Elm Street has had over 32 crashes in 2015. East Street is has a high rate of pedestrian activity with medical offices and Pittsfield High School located at 300 East Street. East St is a heavily traveled roadway with a truck route designation in the city.

Linden St and intersection with Seymour and Center St extension has been the site of 10 crashes and is known for red light violations.

Barker Road is located in a thickly settled residential area and speeding complaints are constant from the residents.

The intersections of Henry Ave and Elizabeth Street will benefit from grant patrols due to reports of constant stop sign violations.

a. Grant funded enforcement should occur in these locations. If there is a plan to conduct enforcement elsewhere, please explain why.

4. How will you measure your progress toward the goals listed above?

We will measure our progress by monitoring the crash data and look for changes in the amount of reported motor vehicles crashes at these locations. We will monitor the intersections after the mobilizations and look for a reduction in the violations committed by motorists. Seat belt surveys are another way to measure the effect of enforcement and increased education.

5. How will you determine the program's success?

To evaluate the success of our traffic safety efforts, the Pittsfield Police will conduct a statistical analysis of motor vehicle citation information and motor vehicle crash data before and after our intense enforcement periods. The department uses MA Trac and our own in-house computer database. We will consider the grant and enforcement mobilizations a success if we record any reduction in motor vehicle or pedestrian crashes.

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The following chart lists the planned mobilizations by type and anticipated schedule.

1st Mobilization Drive Sober or Get Pulled Over December 9, 2016 - January 1, 2017

Reports due: January 20, 2017 2nd Mobilization Click It or Ticket May 8,2017 - May 29,2017

I Reports due: June 16, 2017

3rd Mobilization Drive Sober or Get Pulled Over August 14, 2017 -September 4,2017

Reports due: September 22, 2017

Breakdown of Funding Allocation

Population Maximum Budget per Maximum Total Budget for

Mobilization 3 Mobilizations

0-30K $2,500.00 $7,500.00 31K-70K $3,000.00 $9,000.00

71K-100K $4,000.00 $12,000.00 101K-150K $7,000.00 $21,000.00

>150K $28,000.00 $84,000.00

Budget

Number of mobilizations your department plans to participate

Amount per Mobilization Total Amount Requested in; if fewer than 3, please specify (# of mobilizations x amount)

which mobilization(s).

3 $ 3,000 $9,000

Linda M. Tyer Mayor



December 7, 2016


Dear Councilors,

Submitted herewith for your consideration is an Order transferring unspent bond proceeds associated with FY08 authorization for repairs to the Emergency Warning Sirens to the Capital Expenditures line item within the Unclassified Accounts. These funds will be used to assist in the purchase of a hydraulic rescue tool for the Fire Department.

LMT/CVB Enclosure

R~S. ectfully sUbmi.tted,

!jI(XaJn .. ~/l 1.:' da M, Tyer I Mayor '

CITY OF PITTSFIELD OFFICE OF DIRECTOR OF FINANCE AND ADMINISTRATION, CITY HALL, 70 ALLEN STREET, PITTSFIELD, MA 01201

(4B) 499-9466

December 2, 2016

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

Dear Mayor Tyer:

Submitted here for your consideration is an order transferring unspent bond proceeds associated with the FY08 authorization for repairs to the Emergency Warning Sirens to the Capital Expenditures line item within the Unclassified Accounts. These funds will be used to assist in the purchase of a hydraulic rescue tool for the Fire Department.

'M. Kerwood Finance Director

({itl' of fHtt5'Hdb No. __ _ MAS SAC H USE T T S

IN CITY COUNCIL

AN ORDER AN ORDER TRANSFERING THE BALANCE OF FUNDS BORROWED PURSUANT TO ORDER NO. 58 OF THE SERIES OF 2018 TO PAY COSTS OF EMERGENCY WARNING SIRENS, WHICH PROJECT THE CITY HAS DETERMINED TO ABANDON, TO PAY COSTS OF PURCHASING HYDRAULIC RESCUE TOOL FOR THE USE OF THE FIRE DEPARTMENT.

Ordered:

That in accordance with the provisions ofM.G.L. c.44, s.20, the sum of$22,532, originally borrowed pursuant to Order No. 58 of the Series of2008 to pay costs of Emergency Warning Sirens, which project the City has determined to abandon, is hereby transferred to pay costs of purchasing a hydraulic rescue tool for the use of the Fire Department.

The funds will be deposited into Account#01502-58900

!

(

No •. __ 5-,-S_ MAS SAC H USE T T S

IN CITY COUNCIL

AN ORDER AN ORDER AUTHORIZING THE CITY TREASURER WITH THE APPROVAL OF THE MAYOR TO BORROW, UNDER THE PROVISIONS OF M.G.L. CHAPTER 44,

OR ANY OTHER ENABLING AUTHORITY, AN AGGREGATE SUM NOT EXCEEDING $8,241,500 FOR CAPITAL EXPENDITURES

Ordered: That the sum of Eight Million Two Hundred Forty One Thousand Five Hundred Dollars ($8,241,500) be and hereby is appropriated to pay costs of conducting the foJ!owing capital improvement projects and to pay costs of purchasing the various items of capital equipment described below. and for the payment of aJ! other costs incidental and related thereto: Proiect Former South Landtil1 Drainage Projects Landfill Engineering - South LandfdJfKing St. Dump Blacktop RecJaimer 5·ton Snowfigbter Truck Highway Equipment Garage Resurfacing and Reconstruction of Streets PHS Roof Replacement Asbestos Abatement/Replacement Police Station Roof Replacement Assessors' Office Renovations Holmes Rd Fire Station - Floor Abate/Replace City HaJJ Boiler Replacement Library Retrofit Lighting I-ton 4x4 Pickup w/plarform body Replacement Body 5-ton Dump Truck w/Sander GMC I-ton 4x4 pickup with plow (Parks) I-ton 4,,4 Pickupw/pJow (2) Hon Cargo Vaos Trackless Series B Snow Tractor Tyler St Fire Station - Phase n Environmental Assessment Emergency Warning Sirens (45) SCBA Bpttle Replacement Video Monitoring -System Replacement Telephone System Upgrade (police headquarters) Livescan Fingerprint Machine (4) Cruis~

GRAND TOTAL

AuthoriZing Statute Ch. 44, s.7(1) Ch. 44, ,.7(22) Ch.44".7(9) Ch. 44. '.7(9) Ch. 44, s.7(3) Ch. 44, '.7(6) Ch. 44, '.7(3AJ Ch. 44, s.7(31) Ch. 44, s.7(3A) Ch.44, ,.7(3A) Ch. 44, ,.7(31 J Ch. 44, ,.7(9) Ch. 44. s.7(3B) Ch. 44, s.7(9) Ch. 44, '.7(9) Ch. 44, ,.7(9) Ch. 44, s.7(9) Ch. 44. ,.7(9) Ch. 44, s.7(9) Ch. 44, ,.7(22) en 44, ,.7(14) Ch. 44, '.7(9) Ch. 44, ,.7(9) Ch. 44, ,.7(14) Ch. 44, ,.7(9) Ch. 44, ,.7(9)

Am..Q.!m! $340,000 350,000 42.000

155,000 1,500,000 3,000,000 1.550,000

150,000 190,000 70,000 40,000 70,000 77.000 30,000 36,500 34,000 34,000 56.000

112.000 50.000 60,000 54,000 35,000 35,000 45,000

lli.QQQ $8,241,500

And that to raise this appropriation, the City Treasurer, with the approval of the Mayor. is hereby authorized to borrow not exceeding the sum of ($8,24 J ,500), under and pursuant to the various portions of the General Laws described above, as amended and supplemented. or pursuant to any other enabling authority, and to issue bonds Of notes of the City therefore. The amount authorized for each item as described above shaH be reduced to the extent of any grants. gifts Of reimbursements received by the City on account of any of such projects prior to the issuance of any permanent bonds on account thereof.

AND FURTHER ORDERED: That the City Treasurer is authorized to tile an application with The Commonwealth of Massachusetts' Municipal Finance Oversight Board to qualiJy under Chapter 44A of the General Laws any and all bonds or notes of the City authorized by this vote or pursuant to any prior vote of the City, and to provide such infonnation and execute such documents as the Munkipal Finance Oversight Board of The Commonwealth of Massachusetts may require.

IN CITY COUNCIL lune 24, 2008

Read and adopted 1 0 Yeas 0 Nays Is/Gerald M Lee, City Council President IslJody L. Phillips, ety Clerk

MAYOR'S OFFICE Approved: July 3, 2008

Is/lames M Ruberto, Mayor

Linda M. Tyer Mayor

THE CITY OF PITTSFIELD OFFICE OF THE MAYOR


December 7,2016


Dear Councilors,

Submitted herewith for your consideration is an Order amending Order No. 52 of the series of 2012 so as to increase the amount authorized to be borrowed thereunder to pay additional costs for the resurfacing of the First Street Lot in the amount of $250,000, and also amending City Council Order No. 58 of the series of 2008, so as to reduce the amount authorized to be borrowed thereunder to pay costs of engineering for the South Landfill and the King Street Dump. These additional funds are needed to bridge the gap between the original authorization of $600,000 and the actual project cost of $846,214.50 which was determined through competitive bid.

LMT/CVB Enclosure

Rezrectfully submitted,

>J LrdO-m . 94r· L Linda M. Tyer Mayor "

CITY OF PITTSFIELD OFFICE OF DIRECTOR OF FINANCE AND ADMINISTRATION, CITY HALL, 70 ALLEN STREET, PITTSFIELD, MA 01201

(413) 499-9466

December 2, 2016

The Honorable Linda M, Tyer, Mayor 70 Allen Street Pittsfield, MA 01201

Dear Mayor Tyer:

Submitted here for your consideration is an order amending Order No, 52 of the series of2012 so as to increase the amount authorized to be borrowed thereunder to pay additional costs for the resurfacing of the First Street Lot in the amount of $250,000, and also amending City Council Order No. 58 of the series of2008, so as to reduce the amount authorized to be borrowed thereunder to pay costs of engineering for the South Landfill and the King Street Dump. These additional funds are needed to bridge the gap between the original authorization of$600,000 and the actual project cost of $846,214.50 which was determined through competitive bid.

/ / Mat w M. Kerwood / F' nance Director

No.~~~

qcttp of ~itt!ifidb MAS SAC H USE T T S

IN CITY COUNCIL

AN ORDER AN ORDER AMENDING ORDER NO. 52 OF THE SERIES OF 2012 SO AS TO INCREASE THE

AMOUNT AUTHORIZED TO BE BORROWED THEREUNDER TO PA Y ADDlTJONAL COSTS OF RESURFACING CITY PARKING LOT #3 IN THE AMOUNT OF $250,000, AND ALSO

AMENDING CITY COUNCIL ORDER NO. 58 OF THE SERIES OF 2008, SO AS TO REDUCE THE AMOUNT AUTHORIZED TO BE BORROWED THEREUNDER TO PAY COSTS OF LANDFILL

Ordered: ENGINEERING FOR THE SOUTH LANDFILL AND KING STREET DUMP. BY $250,000.

That Order No. 52 of the Series of2012, is hereby amended to increase the amount authorized to be borrowed thereunder to pay costs of resurfacing city parking lot #3 by $250,000, resulting in a total amount authorized to be borrowed for that project under that order of $850.000.

FURTHER ORDERED:

That the amount authorized to be bon-owed under Order No. 58 of the Series of2008. to pay costs of landfill engineering for the South Landfill and King Street Dump. is hereby reduced by the amount of $250,000, resulting in a remaining borrowing appropriation for that project under that order of$O.

AND FURTHER ORDERED: That the City Treasurer is authorized to file an application with The Commonwealth of Massachusetts' Municipal Finance Oversight Board to qualify under Chapter 44A of the General Laws any and all bonds or notes of the City authorized by this vote or pursuant to any prior vote of the City, and to provide such information and execute such documents as thc Municipal Finance Oversight Board of The Commonwealth of Massachusetts may require.

AM 60430632.2

No •. _-.:5:.::8_

\!L.U,!' ot tJtttS'fidb MASSACHUSETTS

IN CITY COUNCIL

AN ORDER

AN ORDER AUTHORIZING THE CITY TREASURER WITH THE APPROVAL OF THE MA YOR TO BORROW, UNDER THE PROVISIONS OF M.G.L. CHAPTER 44,

OR ANY OTHER ENABLING AUTHORITY, AN AGGREGATE SUM NOT EXCEEDING $8,241,500 FOR CAPITAL EXPENDITURES

Ordered: That the sum of Eight Million Two Hundred Forty One Thousand Five Hundred Dollars ($8,241,500) be and hereby is appropriated to pay costs of conducting the following capital improvement projects and to pay costs of purchasi"ng the various items of capital equipment described below, and for the payment of all other costs incidental and related thereto: Project Fonner South Landfill Drainage Projects Landfill Engineering - South LandfilllKing St. Dump Blacktop Reclaimer 5~ton Snowfighter Truck Highway Equipment Garage Resurfacing and Reconstruction of Streets PHS RoofRepJacement Asbestos AbatementiReplacement Police Station Roof Replacement Assessors' Office Renovations Holmes Rd Fire Station - Floor AbatelReplace City Hall Boiler Replacement Library Retrofit Lighting l~ton 4x4 Pickup w/platfonn body Replacement Body 5-ton Dump Truck w/Sander GMC J-ton4x4 pickup with plow (Parks) I-ton 4x4 Pickup w/plow (2) I-ton Cargo Vans Trackless Series B Snow Tractor Tyler St Fire Station - Phase II Environmental Assessment Emergency Warning Sirens (45) SCBA B«;)ftle Replacement Video Monitoring System Replacement Telephone System Upgrade (Police headquarters) Livescan Fingerprint Machine (4) Cruise~s

GRAND TOTAL

Authorizing Statute Ch. 44. s.7(1) Ch. 44, s.7(22) Ch. 44, s.7(9) Ch.44, s.7(9) Ch. 44, s.7(3) Ch. 44, s.7(6) Ch. 44, s.7(3A) Ch. 44, s.7(31) Ch. 44. s.7(3A) Ch. 44, s.7(3A) Ch. 44. s.7(31) Ch. 44, s.7(9) Ch. 44, s.7(3B) Ch. 44, s.7(9) Ch. 44, s.7(9) Ch. 44, s.7(9) Ch. 44, s.7(9) Ch. 44, s.7(9) Ch. 44, s.7(9) Ch. 44, s.7(22) Ch. 44, s.7(14) Ch. 44, s.7(9) Ch. 44, s.7(9) Ch. 44, s.7(14) Ch. 44. s.7(9) Ch. 44, s.7(9)

Amoun! $340,000 350,000 42,000

155,000 1,500,000 3,000,000 1,550,000

150,000 190,000 70,000 40,000 70,000 77,000 30,000 36,500 34,000 34,000 56,000

112,000 50,000 60,000 54,000 35,000 35,000 45,000

126,000 $8,241,500

And that to raise this appropriation, the City Treasurer, with the approval of the Mayor, is hereby authorized to borrow not exceeding the sum of ($8,241,500), under and pursuant to the various portions of the General Laws described above, as amended and supplemented, or pursuant to any other enabling authOrity, and to issue bonds or notes oft11e City therefore. The amount authorized for each item as described above shall be reduced to the extent of any grants, gifts or reimbursements received by the City on account of any of such projects prior to the issuance of any permanent bonds on account thereof.

AND FURTHER ORDERED: That the City Treasurer is authorized to file an application with The Commonwealth of Massachusetts' Municipal Finance Oversight Board to quality under Chapter 44A of the GeneraJ Laws any and all bonds or notes of the City authorized by this vote or pursuant to any prior vote of the City, and to provide such information and execute such documents as the Municipal Finance Oversight Board of The Commonwealth of Massachusetts may require.

IN CITY COUNCIL June 24, 2008

Read and adopted IO Yeas 0 Nays IsiGerald M. Lee, City Council President Is/Jody L. Phillips, City Clerk

MAYOR'S OFFICE Approved: July 3,2008

lsi James M Ruberto, Mayor

(!titp ot ~ttt~ttdb ·52 No. __ _ MAS SAC H USE T T S

IN CITY COUNCIL

AN ORDER AN ORDER AUTHORIZING THE CITY TREASURER WITH THE APPROVAL OF THE MAYOR TO BORROW, UNDER THE PROVISIONS OF M.G.L. CHAPTER 44,

OR ANY OTHER ENABUNG AUTHORITY, AN AGGREGATE SUM NOT EXCEEDING $9,793,000.00 FOR CAPITAL EXPENDITURES

Ordered: That the sum of Nine Million Seven Hundred Ninety Three Thousand Dollars ($9,793,000.00) be and hereby is appropriated to pay costs of conducting the fcUlowing capital improvement projects and to pay costs of purchasing the various items of capital equipment described below, and for the payment of all other costs incidental and "related thereto:

r-

~ . . Autllm:jzoing S!m;!ll!l; Am2!!nl Street Improvements (wlStreetscape & Bridges) Ch. 44. s. 7(6) 52,500,000 ResUITacing City Parking Lots (Lot #3 First St.) Ch. 44. s. 7(6) $600.000 Roadside Tractor wlBoom Flail Mower Ch. 44. s 7(9) $76.000 FSSO 4-door Crew Cab Dump Truck Ch. 44. s. 7(9) $S3.000 Hot Water Heater Replacement (Crosby) Ch. 44. s. 7(38) 51S,000 Boiler Exhaust Replacement (Herberg) Ch. 44, s. 7(38) $12,000 Boiler Nipple Replacement (Morningside) Ch. 44, s. 7(3A) $30,000 Door Replacements (all schools) Ch. 44, s. 7(3A) $30,000 Asbestos Abatement (aU schools) Ch. 44, s. 7(31) $150,000 Exterior Painting (Mercer & Herberg) Ch. 44, s. 7(3A) $130,000 (10) Rooftop Exhaust Units (PHS) Ch. 44, s. 7(38) $18,000 Fire Alarm System (Reid) Ch. 44, s. 7{3A) $SO,OOO Central Fire Department Main Shower Room Renovations Ch. 44, s. 7(3A) $40,000 Door Replacements (City Buildings) Ch. 44, s. 7(3A) $40,000 (I) Plow Truck Ch. 44, s. 7(9) $42,000 Generator Upgrade (DPW Garage) Ch. 44-, s. 7(3B) $30,000 City Hall First Floor Renovations Ch. 44, s. 7(3A) $30,000 Floor Abatement (Library Auditorium) Ch. 44,s. 7(31) $75,000 Asbestos Abatement (City) Ch. 44, s. 7(31) $50,000 Pitt Park Band Shell Roof Ch. 44, s. 7(3A) 527,000 (1) Tractor Ch. 44, s. 7(9) $25,000 35 Federal Street Phase I & II Environmental Assessments Ch. 44, s. 7(22) $50,000 Common Rede',eloprnent (phase 28 & 3A) Ch. 44, s. 7(2S) $So(j,OOO Westside Riverway '. Ch. 44, s. 7(2S) $Sb,OOO (10) MDT Unit Replacements Ch. 44, s. 7(14) $8S,000 (10) Mobile Radios Ch. 44, s. 7(14) $20,000 (20) Portable Radios Ch. 44, s. 7(9) $15,000 (6) Self-Containing Breathing ApparatuSes (SCBA) Ch. 44, s. 7(9) $30.000 Cleveland Reservoir Oredgingllmprovements Ch. 44, s. 7(7) $900,000 Hancock Road Water Main Improvements Ch. 44, s. 8(4&5) $1,8S0,OOO Benedict Road Water Storage Tank Ch. 44, s. 8(4&5) $Z,PQQ.QQ

GRAND TOTAL 59,793,000

And that to raise this appropriation, the City Treasurer, with the approval of the Mayor, is hereby authorized to borrow not exceeding the sum of $9,793.000.00, under and pursuant 1:(1 the various portions of the General Laws described above, as amended and supplemented, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefor. The amount authorized for each item as described above shall 6e reduced to the extent of any grants, gifts or reimbursements received by the City on account of any of such projects prior to the issuance or any pennanent bonds on ac<:ount thereof.

AND FURTHER ORDERED: That the City Treasurer is authorized to file an application with The Commonwealth of Massachusetts' Municipal Finance Oversight Board to qualify under Chapter 44A of the General laws any and all bonds or notes of the City authorized by this vote or pursuant to any prior vote oftbe City, and to provide such information and execute such documents as the Municipal Fmance Oversight Board of The Commonwealth of Massachusetts may require.

IN CITY COUNCIL June 26, 2012

MAYOR'S OFFICE Approved: June 29, 2012

/ ! FORMFORBJD

Having fully examined, read, and in understanding of the specifications for this job and being familiar with all of the conditions surrounding the proposed work, including any addenda for which receipt of is acknowledged below, the undersigned proposes to complete all work as specified in this invitation to bid for the price stated below:

846,214.50 $--------------------

Eight Hundred and Forty-Six Thousand Two Hundred and Fourteen Dollars and Fifty Cents

Price Written in Words

Company Information:

Name J. H. Maxymillian, Inc.

Address 1801 East Street

Pittsfield, MA 01201

413-499-3050 Telephone

413-443-0511 Fax

#1 #2 #3 This bid includes addenda numbered: _______________ _

City of Pittsfield IFB #17-014 First Street Parking Lot Reconstruction 9

Linda M. Tyer Mayor



December 9, 2016


Dear Councilors,

Submitted herewith for your consideration is an Order authorizing the City Clerk to submit to the Massachusetts state legislature, for its approval, a Special Act providing for post-employment benefits for school bus drivers in the City of Pittsfield.

This Special Act is the culmination of a collaborative effort between my office, President Marchetti, Representative Farley-Bouvier, Dr. McCandless, School Committee Chair Katherine Yon, the Pittsfield Retirement Board, and the Pittsfield School bus drivers to remedy a negative impact that the 2009 pension reform law has had on the calculation of retirement benefits for school bus drivers.

LMT/CVB Enclosure

~ReSgeCtfUIlY submitted,

n ' I )

,fJt' ,Ie L 'ndaM~er ~ Mayor (]

No. ___ _

Ordered:

({itp of l}tttsfttlb MAS SAC H USE T T S

IN CITY COUNCIL

AN ORDER

ORDER AUTHORIZING THE SUBMISSION OF SPECIAL ACTTO THE MASSACHUSETTS STATE LEGISLATURE

RELATIVE TO POST-EMPLOYMENT BENEFITS

That the City of Pittsfield, acting by and througb its Mayor and City Council, hereby authorizes the City Clerk to submit to the Massachusetts state legislature for its approval a Special Act providing for post-employment benefits for school bus drivers in the city of Pittsfield.

Home Rule Petition

An act providing for post-employment benefits for

school bus drivers in the city of Pittsfield.

SECTION 1.

Notwithstanding section 1 of chapter 32 of the General Laws or any other general or special law, rule or regulation or collective bargaining agreement to the contrary, the definition of salary or wages for the purposes of calculating regular compensation pursuant to said chapter 32, shall include payments of charter work assignments or any other payment of salary or wages to school bus drivers employed by and paid by the City of Pittsfield school committee; provided, however that salary or wage payments shall not exceed 40 hours per week.

SECTION 2.

This act shall take effect upon its passage and shall apply to payments made from July 1, 2009 to payments made or accrued on or before September 1,2017.

Linda M. Tyer Mayor



December 8, 2016


Dear Councilors,

Submitted herewith for your consideration is an Order authorizing the City of Pittsfield to accept a gift of funds in the amount of $300,000.00 for the purposes of ShotS potter technology from Berkshire Health Systems and Berkshire Healthcare Systems. Your acceptance of this generous gift of funds from a prominent community leader will enable us to embark upon on a new initiative that brings cutting-edge law enforcement technology to the City of Pittsfield.

The safety and security of the residents, workforce, and visitors of Pittsfield is a top priority for my administration. In the past several years, we have seen a disturbing rash of gun violence that has threatened to compromise the quality of life for our community. The anxiety, worry and fear that grips our city in the wake of this activity will never be accepted as a normal way life in Pittsfield.

In most cities, including Pittsfield, we know that shootings such as these are the work of a relatively small handful of individuals, most known to the police. However, one of the challenges for law enforcement are the limitations of all to provide precise information necessary for effective intervention and evidence gathering in removing these individuals from the streets. The technology system, known as ShotSpotter, will allow police to rapidly and reliably respond through specialized placement of acute sensors in locations around the city, thus leading to the gathering of critical evidence for solving crimes. ShotS potter has demonstrated proven results in cities across the country and is currently in place in Boston, Worcester, Springfield, New Bedford and Fall River. ShotSpotter is commonly funded, at least in part, through the Department of Homeland Security - funding that is not currently available for Pittsfield.

I am extremely grateful that Berkshire Health System and Berkshire Healthcare Systems have pledged their support for this vital law enforcement technology that will give our police a significant advantage in keeping our city safe. It is the city's intent to enter into a three year contract for the full amount of $600,000.00. We will continue our efforts to secure funding from various sources. The City has completed proper procurement procedures for this critical service.

LMT/CVB Enclosure

RE!sp'ectful!y submitted,

~Lt7dt~ hi J(fl) Linda M. Tyer Mayor

€:itp of ~itt5fttlb No.~~~ MASSACHUSETTS

Ordered:

IN CITY COUNCIL

AN ORDER

AUTHORIZING THE CITY OF PITTSFIELD TO ACCEPT A GIFT OF FUNDS FROM BERKSHIRE HEALTH SYSTEMS, INC. TO THE CITY OF PITTSFIELD

That the City of Pittsfield, by and through its Mayor and City Council, is hereby authorized to accept a gift offunds in the amount of $300,000 from Berkshire Health Systems Inc., pursuant to the attached letter dated December 8, 2016. It is the intent of the donor that the gift will be used solely in accordance with said letter. The Pittsfield Police Department will direct the disbursement of the funds in accordance with the specific intent of the donor as expressed in the December 8, 2016 letter and all subsequent grants. gifts or donations for said purpose require no further authorization or appropriation by the City Council. This gift is being accepted in accordance with M.G.L. Chapter 44, Section 53A.

Berkshire Health Systems, Inc. 725 North Street Pittsfield, MA 01201 (413) 447-2000

December 8, 2016

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

The Honorable Peter Marchetti President, City Council 70 Allen Street Pittsfield, MA 01201

Re: Donation in Support of ShotSpotter@ System

Dear Mayor Tyer and Council President Marchetti:

As you know, both Berkshire Health Systems and its senior care services sister entity, Berkshire

Healthcare Systems, have had a long and substantial presence in Berkshire County generally and in the

City of Pittsfield particularly. More than 3500 of the 4000 employees at Berkshire Health Systems

regularly come to work in Pittsfield and many live in the city as well. Berkshire Healthcare Systems

employs an additional 500 people at its Pittsfield locations, many of them also city residents. Every year,

Berkshire Medical Center and its physician practices draw more than 500,000 patient visits to their

Pittsfield facilities and Berkshire Healthcare Systems accounts for several thousand more patient and

family visits in the City, Care providers from Berkshire Medical Center's visiting nurse program and

Berkshire Healthcare Systems' hospice service regularly visit homes throughout Pittsfield.

Accordingly, in addition to reasons of general civic pride, the trustees and management of Berkshire

Health Systems and Berkshire Healthcare Systems have a special interest in enhancing the environment of

safety and security in the City of Pittsfield because it directly impacts the lives of so many of our

employees, patients and visitors. That has always been a paramount concern of ours.

We applaud the work that you, the City Council, Chief of Police Wynn and the police department have, in

cooperation with so many others, undertaken to maintain Pittsfield as a safe and secure place to live and

work. The recent interest that the City has had in introducing state of the art technology to combat gun

violence is an important part of that effort.

We thank you for inviting our leadership team to participate in a demonstration of the proposed

ShotSpotter® technology that will vastly improve the opportunity for the Pittsfield police and first

responders to react immediately and effectively to occurrences of gun violence in the City. We were

surprised to learn that the long-standing 911 system only results in reports of a small fraction of gun

incidents and that information through that system is rarely precise enough to allow for the quickest

response or most effective intervention and evidence gathering. We understand that the instantaneous

acoustical signals transmitted through the ShotSpotter@ system will allow almost immediate response-

all of the time and with nearly pinpoint precision. It is our understanding that the ShotSpotter® system is now installed in more than 90 cities across the country, including the major cities in Massachusetts, and that, where installed, it has served as a dramatic deterrent to gun violence.

Although perhaps not as significant a problem here as in other cities in the country, the risk of gun violence in Pittsfield does threaten the safety and well-being of our citizens and visitors and can create an impediment to attracting new residents and businesses. In addition, episodes of gun violence are

enormously disruptive to the orderly operations of our health care system and may personally threaten our nurses, physicians and other professionals and support staff who are here to care for all in need.

From what we have seen of the ShotSpotter® system, it promises to dramatically reduce the risk of local gun violence and provide a significant measure of comfort and protection to all of us in the City. We are

also impressed by the amount of information that the ShotSpotter® system will offer to the police and other first responders before they arrive upon a shooting scene. Berkshire Health Systems and Berkshire Healthcare Systems are, of course, highly dependent upon members of the police department in carrying

out our own mission in the community. The close working relationship we have long enjoyed with Chief Wyrm and members of the force is essential to us and the work we do. We are fully supportive of any

steps that the City can take to better protect the safety of our police and other first responders.

It is, therefore, with a great sense of civic pride and duty that Berkshire Health Systems and Berkshire Healthcare Systems commit to provide the total sum of$300,000 as a donation to the City for the

purposes of initiating the ShotSpotter® program for its first 18 months. We understand that there is a concerted effort to find funding from other local businesses and benefactors, as well as state and federal sources, to sustain the system beyond the first year and a half. We are thankful that Mayor Tyer and

ChiefWyrm approached us about participating in this important project during our last fiscal year. With the challenges that lie ahead for us in healthcare services to our community, we doubt that we can contribute beyond this year. We are pleased, however, to be the lead partner in launching this program for the safety and well-being of all of us who live in, work in or visit the City of Pittsfield

We thank you for the opportunity to help in this way.

Sincerely,

David E. Phelps, Chief Executive Officer

Berkshire Health Systems, Inc. Berkshire Healthcare Systems, Inc.

cc: Bronly S. Boyd Chair, Berkshire Health Systems, Inc.

Michael Christopher Chair, Berkshire Healthcare Systems, Inc.

Ensuring a Safe Environment for America's Future.

Thank you for serving your community! As an elected official,

you've been entrusted with the responsibility of ensuring

Child Victims of Gun Deaths Highest in USA

the protection and safety of the communities you represent.

You've pledged to lead your community to achieve that goal

through collaboration and vision, leveraging all the tools at

your disposal and managing to be fiscally responsible at the

same time, 5 _--;; 0.75 0.57 0.48 035 0.30 How Gun lIiolence Impacts Community Members

A growing body of research is revealing that people who live in

"high-gunfire" areas, ale much more likely to suffer a variety

of psychological problems, including PTSD. Many parents are

afraid to let their children play outside, and again, research is

showing that the exposure to gunfire has an impact on children's

ability to learn, and make wise choices. When gun':ire happens

in a community, property values decline and business owners

move out, creating a vicious cycle of low economic growth,

fewer employment opportunities, gang related activities, and

gun violence,

:. !

• : Replilil.

:G~, llmled Kingdom

k/' " ,lfie fiigJllto StOI! Gun :'Illolem:e starts with SJlOISRolter' '

0.25 0.24 0.21 0.19 0.18 0.17 0.06 fl.05 0.03 0.00

~\' ':-: BaI ' -", '" ~

Financial Burden of Gun lIiolence

on Your Community

Gun violence, and its effects on our society downstream,

are both seriously underestimated. We are just beginning to

understand the extent of the problem. Gunfire related crimes

continue to have a negative impact on the social and economic

fabric of many communities in the U,S. According to a 2010

RAND Corporation white paper, a single homicide has a

$5.9M socia-economic cost to the community and $354,000

of that IS absorbed Into the criminal justice system. A 2006

Palm Beach, Florida, study found that just the initial medical

cost of treating a gunshot victim is approximately $56,000.

Much of this cost is absorbed by either the local government,

or the local health-care system. Investing in a gun violence

reduction program saves lives, improves quality of life, and

yields a positive economic return on investment:

Nassau County Experiences Decline in Gunshot Incidents After Installing ShotSpotter

337

Reducing Gun lIiolence in Your Community

77 25

To develop economic growth and a prosperous community,

security from violence must be established. Communities

throughout the US are recognizing that fact, and by using

ShotS potter Flex" as part of a comprehensive gunfire reduc

tion program, they are experiencing significant reductions in

gun violence. This is an incredible benefit to historically under

served communities that have been most impacted by gun

violence. ShotS potter is a community engagement tool and

those who use it experience stronger community confidence

in law enforcement. On the average, less than 2010 of gunfire

is reported to 9-1-1, and when someone calls, they typically

provide very vague information.

More Iniormahon about SST and Sho!Spottcr can be found at \'vww.SST~lnc,com or www.ShotSpoUer.com. The fu112013 National,Gunfire Index can be downloaded at WW'W.ShotSpotter.com/ngi. You can also 'follow SST and ShotSpotier solut!ons on Twltter, YouTube, Facebook, and Linked1n.

~. ~ ShotSpotter

In contrast, ShotS potter Flex plOvides precise, real-time

actionable gunfire intelligence on outdoor gunfire. That intelli

gence is used by law enforcement for fast, accurate and

effective responses to gunfire incidents; it provides critical

information for prosecutions; and the intelligence acts as a

force multiplier, informing proper resource allocation, and

moving law enforcement from a reactive to proactive position.

When this is part of a comprehensive strategy including

elected officials and other leaders, the social fabric in these

under served communities improves.

"Since using Shotspotter in 2008, crime is down 68% in Springfield, MA." Jose Claudio, Citizens Community Council Director

How ShotSpotler Can Support Your Efforts

It's not uncommon for elected officials to take a leadership role

On safety related issues that impact their community. These

campaigns include anti-drunk driving, and anti-text and driving

campaigns. Gun violence deserves the same level of attention.

Leaders that have taken a leadership role in implementing

ShotS potter into their public safety programs have received

overwhelming positive social, political, media and economic

support from the communities they serve,

Getting Started with ShotS potter

Investing in a technology like ShotS potier, and a gun violence

reduction program, will yield a very positive retUfn on invest

ment. There ale a number of funding soulces that can be

used, including philanthropic organiLations, business coalitions,

DDJ, DHS, and HUD. Don't let funding be the reason that

your community is not protected from gun violence, We can

help develop a funding strategy, including the free services

of our professional funding consultant.

'Ashley Nellis, "The lives of J..,vemre liters: F,nd;ngs from a NatIOnal Survey"

(Washington: The Sentencmg ProJect, 2012)

All rights reserved. ShoISpotter"FJCJ(~ ShoISpoUci"SiteScc.urd; SholSpottcr'; ssrSecureCampus, ,and the ShoiSpolter logo are registered trademarks of SST, lnc:; SST and SholSpotter teChnology are plol:ected by one or more issued U,S. and foreign patents, wlth other domesti;: and foreign patents -pending, as detailed at www.ShotSpotler.com/patents.

Corporate Headquarters

7979 Gateway Boulevard

Suite 210

Newark, California 94560

+ 1.888.274.6877

+ 1.510.794.3144

[email protected]

www.ShotSpotter.com

~.~ ShotSpottercC FleX'" Detects, locates and Alerts on Gunfire in Under a Minute

From the leader in Gunshot Detection, location and Analysis Technology.

Introduction

Gun violence IS ovcrlaki:19 our cliies. In the war on gun nimc,

rnur:h is at sj,1ke,

ShotS potter Flex helps lavJ enforcement agencies by dircciing

police to the precise location of illegal gunfire incidents.

Sr,otSpottcr instantly notifies officers of shootings in progress

'flith real-tirne data delivered to dispatch centNs, patrol cars

i:ind even smarl phones. Instant alerts enable firsi responders

~o Rid vdims, coiled eVidence and quickly t'lpprehend armed,

d~nQetous offenders.

ShOlSpotie: 's actionable intelligence can then be used to

prevent futUie crimes by positioning law enforcement when and

where (JilTle is likely Lo OCCUL Police now possess Cl scientific

~)drrxneior of success: snl<id policing leads to fewer shootings.

How SholSpotter Flex Works

Only ShotSpotlcr r:lcx combines Wide-am.) Picouslic survci!

hnce with centralilcd cloud-bPiseci ;'-inaly<;is to provide (1 qunfiiT~

alert and rl.IlCilysi<; service th<-lt is imrneolate . .1r:curate ;mri

cost-effective.

ShotSpotter Flex uses multiple coli?l.bofativ8 rl.cous1ic sensors

that actIVate when gunfire OCCUIS, providing comprehensive

outdoor coverage over comple): urban Hcographies.

When there is a shooting outdoors, ShotSpottcr sensors and

software triangulate and pinpoint the precise location of ea.ch

round fired within seconds. Detailed Incident datA. is immedi

alely sent to the SST Incident Reviel,v Center (IRe). OUi SCCUf8

data pJocessing and alert qualification faC!lity. Immediately.

an SST gunfire and acoustics expert analY/es the dala and

qualifies the InCident. Once validated an alelt b sent to dlspdtch

cenlel·s, Public Safety Answer Points (PSAP) and dil'ccUy- to

field personnci through any computer or mobile deVice With

access io the Internet, all in under a minute.

~ , ~ !fbe Eigllt to StoR Gun 1l101ence Slatls with 'ShotSgomir' ," :

Instant, Accurate Situational Awareness

Key Features

• Constant 360-deg:-ee vvide-arcrt acousiic surveillance

throughout large covciClge d,rC2l;i,

• Irnllwdi2l!e alerts when no one calls 9-1-1. (most times!)

• Plecise location including lalilude/longilude, sUeei address.

• [\jumber and exad tillle oi rounds fired.

• Identification of fully-automatic m high-capacity weapons.

• Idcnhhca!lon of multiple shooters,

• Shooter' position, speed and direction of travel (if moving).

• Debiled forensic d;::d:.'l for i1wcstlgi1.tion, prosecution, 8.nalysis.

• Ea<;ily-.,::,.ccessible Single and cumulative hisioricB.1 reports.

• Annual subscription-ba::,ed service is a hosted

cloud-based solution,

Key Benefits

• Enhanced situational dwafCncss & officer safety.

• Faster c\!ldcncc collection & \vitncss identification,

• Court-admlss:ble, detailed forensic reports (DFRs),

• Increased gun Crime arrests.

• Improved community relations & collaboration.

• Pro2ldlVe gun crime pnHern analysiS & S1I'ot8gi(; deterrence,

• No need to buy/manage a complex technology infrastructure.

• Exoed!ted response to shooting victims.

• Illcreaded suspect leads, suspect arrests,

• Ineteaded ability to identify homicides and injured victims.

• 0 G A Dun ie; fired; the sound of eln explosion radiates.

If!II?l Multiple ShotSpotter sensors W throughout covc!age area trigger.

A. Loc;.:;.tion of gunfire is pinpointed W' Within seconds.

o SholSpollcl gunfire and acoustic V' experls review anu classify the data,

A Oualified ale(ls arc sent to dispatch center, V PSAP and mobile Ijnits fa! immediate response. e \Whin minules officers arrive to preCise

, ".. gunshot loca110n With greater siluat.onal awareness and preparedness.

More lnfo!mahon abolJi SST and ShotSpoltu c.an be "found lit wVlw.SST~lnc..com or www.ShotSpott0r.c.om. Tht:' 1;;112013 Nahonal Gun~ire Index can b(" d()wn~ 10::tdci ai www.St.olS;:.olh.>r.com/!1;:!I. You can also follow SST and ShotSpotkr soll1t,on~ on Twiller, YotJTube, F;;w";.,book, Ilnd Unkedln.

~.~ ShotSpotter

The Value of Expert Qualification

Our 24x!x365 commitment coupled with unparalleled acoustic

expertise provides an instani assessment of all incidents,

freeing up tlrne that dispatchers and officers vJOuld otherwise

spend analyzing alerts.

We provide the level of data qualification

needed to have confidence when dispatching

based on i1.leris. DI'a.wing on their experi

ence, SST experts add c:iticdl silui:ition8.1

intelligence lo a.letis, ihat (on help pel sonne!

lespond male sofely dnd succe~sfully.

ShotSpoticf Flex softwa.le provides live chat

functionality for immediate communication

and assistance,

"Go to the

south corner

01 front yard at

222 1" Street,

corner of

Jones Street .. ,

Likely multiple

shooters ",n

SST offers <"In InteroperCl.bility engine Irvhich 8.lIows

ShotSpoHer Flex to interface with siond<':llds-iJased thu·d-parly

softwale, including video surveill8.nce, CCTV systems, etc.

A Cost· Effective Force Multiplier

The subscription-bascd COS1 structure of ShotSpottcr F!ex

nol only makes sophisticated gunshot detection a [cality

for your agency, it helps you maximilC your people by spec:ding

investigations, supportinq Plosecutions 8.nd deploying patlol

officers vvhere a.nd when they're needed most to successfully

prevent gun violence.

-lIIeeilllem funding SllotSlloUet In :l!PilI city? Email [email protected] toi!a~1

ABlights resolved, ShotSpoiter'Flex~ Sh01Spolicr'~S:\cSeevre~ ShoiSpoliu: ShoiSpoticl'"'GtJnshot Localion Sy:<.tem< and til(; ShofSpoUer jo~!C, are WglSt(~[Nj tradem,lJks of SST, Joe:; SST and ShotSpolieriect.nology arE: pro:eded by one or mor~ issued US. and foreign ,palenis, w'ir, Oalef do~,e~k' al,d torclC)1l palento pending, as detailed at www.ShotSpottcr.comipatenb.

Corporate Headquarters

7979 Gnleway Bouleva: d

Suile 210

Newark, California 94560

i·l.88S.274.6B77

-! 1.510.794.3144

[email protected]

v-Iww.ShotSpotier.com

~,,~ ShotSpotter ShotS potter Frequently Asked Questions

1. What is ShotSpotter?

ShotSpotter is gunshot detection, acoustic surveillance technology that uses sophisticated sensors to detect, locate and alert law enforcement agencies of illegal gunfire incidents in real time. The technology detects gunfire when a gun is discharged, protects officers with increased tactical awareness, and connects law enforcement agencies to the community and to their mission of protect and serve. The realtime digital alerts include a precise location on a map (latitude/longitude) with corresponding meta data such as the address, number of rounds fired, type of gunfire, etc. delivered to any browser-enabled device or mobile device.

2. Who uses ShotS potter and what type of cities use it?

ShotSpotter is used in approximately 90 cities worldwide. It is highly regarded by law enforcement agencies as a critical component of their gun violence reduction strategy. ShotSpotter deployments include a diverse set of cities by size, geography and socioeconomic standards. Police departments are the typical core user of ShotSpotter, and the data has been shown to be valuable to prosecutors in court cases and city leadership for smart city initiatives.

3. How does ShotS potter work?

ShotSpotter uses acoustic sensors that are strategically placed in an array of 15~20 sensors per square mile in order to reliably detect and accurately triangulate gunshot activity. Each sensor captures the precise time, location, and audio snippet associated with boom and bang sounds (impulsive noise) that may represent a gunshot. This data is first filtered by sophisticated machine algorithms that are then further qualified by an expertly trained and staffed 24x7 Incident Review Center at ShotSpotter to insure the events are in fact gunfire. In addition, they can append the alert with any other critical intelligence such as whether a full automatic weapon was fired. This process takes less than 45 seconds between the actual shooting and the digital alert (with a precise location dot on a map) popping onto the screen of a computer in the 9~1~1 Call Center.

4. How does ShotSpotter help law enforcement?

ShotSpotter helps protect officers by instantly notifying them of gunshot crimes in progress with real·time data delivered to dispatch centers, patrol cars and even smartphones. This enhances officer safety and effectiveness with critical intelligence such as: real~time access to maps of shooting locations and gunshot audio, actionable intelligence detailing the number of shooters and the number of shots fired, accurate and precise locations for those first responders aiding victims, searching for evidence and interviewing witnesses.

With ShotSpotter, officers can arrive at the scene of a crime faster and with an increased level of safety because they know exactly where the gunfire is taking place. In many cases, an officer can arrive with the shooter still live on the crime scene or if the criminal has fled, shell casings can be recovered and used for investigative and potential prosecution purposes.

5. Does ShotSpotter replace police officers?

This investment in teChnology should not be considered an either/or decision. The fact is police departments need both manpower and technology. ShotSpotter is a tool that augments and enhances the

ShotSpotter FAQ

~.~ ShotSpotter existing manpower to improve response time and quality of response. This technology is capable of doing something that no amount of manpower can accomplish, which is to comprehensively report in real-time

all outdoor illegal gunfire.

6. I heard ShotSpotter failed in a couple of cities is this true?

There has never been a single city where ShotSpotter did not technically work Le. - detecting, locating and

alerting on illegal gunfire. There have been very few isolated instances where agencies were not able to drive positive operational outcomes, or where they could not afford to pay their ongoing annual

ShotSpotter maintenance contracts. In the case of the former, the deployment strategies were suboptimal since they were too small and could not effectively drive the procedural change management

necessary to have impact. ShotSpotter (or any technology for that matter) is not a panacea and requires effective use to make a difference.

SST has gained valuable experience having deployed in more than 90 agencies in the U.S., and proven best

practices show that integrating ShotSpotter into an overall gunfire reduction strategy with existing

policing programs works. We also know that cities that do not implement standard best practices do not have the highest success rate. Cities that follow best practices experience a positive outcome in their

gunfire reduction strategies and have measureable year-over-year reduction in gunfire.

The very few cities that did not have a positive experience had poor practices around the folloWing:

Not responding to gunfire alerts when they come into the PO from the ShotSpotter alert and not responding to the location on the map "dot on map"

• Not including ShotSpotter data as part of an overall gunfire intelligence and crime reduction

program

Lack of community engagement - Educating residents on the benefits of improved police response and how they can help empower community members to feel safe in their own neighborhoods

ShotS potter customers who have expanded their service after initial deployment of ShotSpotter indude the following U.S. cities:

Oakland CA - twice

San Francisco CA - 3 times Richmond CA

Redwood City CA Milwaukee WI- twice Minneapolis MN

Omaha NB

St. Louis MO

Peoria IL

• Jefferson Parish LA

Birmingham AL

• Wilmington NC

Washington DC

ShotSpotter FAQ

Camden NJ

Trenton NJ

• Paterson NJ

Springfield MA

Boston MA

~.~ ShotSpotter

Recently expanded cities include: Camden, NJ; New Haven, CT; Peoria, Il and South Bend, IN; long Island (Suffolk County), NY; Minneapolis, MN and Oakland, CA; San Francisco, CA; Trenton, NJ.

7. Is it worth the money?

Saving lives and improving the quality of life in neighborhoods across the country, while improving officer

safety, is mission critical. We believe that we will be able to measurably reduce gun violence and improve public safety, and in the process enhance the resiliency of the communities we serve. In the long term, the positive impact of improved public safety is reflected in better social and economic outcomes. So in short - yes this is very much worth the money.

8. Will ShotSpotter violate my privacy? Can it record conversations?

No. ShotSpotter uses acoustic sensors designed to detect, locate and alert on gunfire - not record conversations. The acoustic sensors are located on top of buildings, rooftops and poles, roughly 30' or more above street level. The sensors are designed to trigger (or activate) on very loud noises, such as when a gun is fired. The sensors are designed to record seconds of the gunfire. For more information please check out the ACLU's review of ShotSpotter here: https:j/www.aclu.orgjblog/free-f u t u re / sh otspotte r -ceo-a n swe rs-q u estio ns- gunshot -detectors-cities

9. What is a city missing without ShotSpotter?

The communities most affected by gunfire are least likely to call it in. With fewer than 1 in 5 shooting incidents reported to 9~1~1, gun crime is vastly underreported. When 9-1-1 calls are made, unfortunately the location information provided is typically inaccurate. Without knowing exactly where to respond, police waste valuable time and resources driving block by block looking for evidence as criminals escape the scene. Dispatching officers to an active shooting without all available intelligence is a threat to officer safety and needlessly places the public at risk. DWithout ShotS potter, a city may be missing many gunshot incidents and as a result, may not have the opportunity to respond to save victims and apprehend shooters in the act.

10. Where else is ShotSpotter deployed and has it been successful there?

ShotSpotter is in 90 cities worldwide. In our sample of 46 cities where ShotS potter was deployed yearover-year, the median reduction in gunfire rates in 2015 was 12.8%. (Source: SST National Gunfire Index 2015). More than one-half of the cities experienced a reduction of more than 21.20%,

New York City: Since deploying ShotSpotter in March 2015, ShotSpotter provided 1,672 alerts on where guns went off, 74% of which, weren't reported by 911. Cops said ShotSpotter helped recover 32 firearms, including 13 on cases with no 911 call, and has led to 21 arrests. Eight of those arrests had no 911 call. Source: NY Daily News, Jan. 20, 2016.

ShotS potter FAQ

~.~ ShotSpotter Wilmington DE: saw a 42% drop in gunshots after technology was initially installed

Miami Gardens} FL: Had an 80% decrease in New Year's Eve celebratory gunfire when comparing 2014/2015 over 2013/2014, where they went from 129 shots to 26, according to SST's 2015 National Gunfire Index.

Denver: Since the technology was installed in January 2015 through December 2015, they have had 425 gunshot alerts, with 1,472 rounds fired. ShotSpotter is directly tied to 29 arrests and captured 16 guns, according to Capt. Steven Carter who manages ShotS potter in Denver.

Kruger National Park, SA: With a very small proof of concept deployment, ShotSpotter detected two poaching events that led to the capture and prosecution of several poachers as well as the

recovery of a baby rhino (named Dot) whose mother rhino was poached.

11. Does ShotS potter have video monitoring capability?

No. ShotSpotter is an acoustic based system. The sensors do not have any optical capability and cannot

produce images of any kind. However, ShotSpotter can integrate with video systems by sending an alert to a video management system, which can then separately pan, tilt and zoom an IP addressable camera in the appropriate area.

12. Do you think you will be able to actually catch a shooter?

There are many cases in cities where ShotS potter has been deployed where the ShotS potter alert has led to the arrest of the criminal. More often than not critical forensic evidence such as casings retrieved from

the scene resulted in key investigative data, which led to the introduction or arrest of a shooter. Local DA agencies also rely on ShotSpotter to prosecute some of the toughest criminals in our country. Currently,

federal homicide prosecutors are using ShotSpotter analysis and evidence to determine if a gunshot has, or has not occurred, the location of the gunshot, and the precise location of the shooting. SST has been

admissible in court cases in 17 states as well as in federal court. But keep in mind our primary goal is to prevent shooting incidents, which means that deterring the potential trigger puller is more valuable than capturing the trigger puller.

13. Do you have any supporting data to show that your technology helps to reduce gunfire in the areas that you have coverage?

Today, ShotSpotter is highly regarded as a critical component of any comprehensive gun violence preparation and reduction strategy and is playing an active part in making communities safer for future generations. SST technology is helping communities and law enforcement agencies work together to prevent gun violence at a global level.

The SST National Gunfire Index report data shows that law enforcement agencies and cities that have

adopted SST solutions and best practices have experienced reductions in gunfire of up to 80% and reductions in related violent crime and homicides of as much as 40%. The company is becoming a

recognized thought leader with the annual published National Gunfire Index Report (see 2015 National Gunfire Index· http://www.shotspotter.com/201SNGI). which details a comprehensive analysis and overview of unknown instances of gun violence. In addition, law enforcement agencies and the media have recently looked to SST for best practices on reducing celebratory gunfire.

ShotSpotter F AQ

~.~ ShotSpotter 14. How is ShotSpotter data being used in court?

Local DA agencies rely on ShotSpotter to prosecute some of the toughest criminals in our country. Currently, federal homicide prosecutors are using ShotSpotter analysis and evidence to determine if a gunshot has or has not occurred, the location of the gunshot, and the precise location of the shooting. SST has been admissible in court cases in 7 states as well as in federal court. ShotS potter technology has

withstood challenges under Kelly-Frye and Daubert. Analysts from SST frequently testify as expert witnesses and the company also provides detailed forensic reports for trial cases upon request.

15. What access to data does a ShotSpotter subscription give users?

Cities where ShotS potter is deployed would be the subscribers to data, and as such have unrestricted use

of it internally, including integration with other reporting systems and video management systems, etc., (that is where the value is derived). SST would only limit the export of detailed electronic data to outside entities that would create derivative works with it, e.g., an outside research institution or another agency for example.

ShotSpotter F AQ

Linda M. Tyer Mayor

THE CI1Y OF PITISFIELD OFFICE OF THE MAYOR


December 7,2016


Dear Councilors,

Submitted herewith for your consideration is an Ordinance amending the Code of the City of Pittsfield, Chapter 24, Schedule of fees, Section 24-1, for Public Utilities and Public Services.

LMT/CVB

Enclosure

CITY OF PITTSFIELD

DEPARTMENT OF PUBLIC UTILITIES, CITY HALL, 70 ALLEN STREET, PITTSFIELD, MA 01201 413~499~9330

December 5, 2016

TO THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL:

Submitted herewith is an ordinance to amend the City Code Chapter 24 - Schedule of fees, Section 24-1, for Public Utilities and Public Services.

Sincerely,

~~~ Bruce I. Collingwoo Commissioner

REVENUE ANALYSIS: PROPOSED PUBLIC SERVICES/UTILITIES PERMIT FEE INCREASES City of Pittsfield December 5.2016

Fee TER

Revenue Increase

No.

(!Cit!' of ~itt5ftdb

In the Year Two Thousand

AN ORDINANCE

AMENDING THE CODE OF THE CITY OF PITTSFIELD CHAPTER 24 - SCHEDULE OF FEES, SECTION 24-1 ESTABLISHMENT

Be it ordained by the City Council of the City oj' Pittsfield, as follows:

SECTION I

That the Code of the City of Pittsfield, Chapter 24, Schedule of Fees, Section 24-1, shall be amended by the deleting of the fees from the entire paragraphs entitled "PUBLIC UTILITIES" and "PUBLIC SERVICES" and replacing such fees with the following:

Permit/Service WATER:

PUBLIC UTILITIES

Fee

Connection or service line replacement permit, per connection............. $550.00 Water service charge: Service charge rate for equipment is based on Federal Emergency

Management Agency equipment rates. All connection rates as specified herein are limited to that portion of service connection within the public way. Service charge rate for labor shall be $100 per hour. Minimum charge $100.

Replace water service permit, per connection ........... ,..................... $550.00 Repair water service permit, per connection............ ............... ....... $400.00 Emergency repair permit, per connection ............................... add $100 to permit fee Backflow device permit, cross-connection device ............. ,............. $200.00 Water service termination permit.. ............................................... $400.00 Final water meter reading .......................................................... $75.00 Water meter installation pennit, new ............................................. $25.00

SEWER: Connection or service line replacement permit, per connection.............. $550.00 Sewer service charge: Service charge rate for equipment is based on Federal Emergency

Management Agency equipment rates. All connection rates as specified herein are limited to that portion of service connection within the public way. Service charge rate for labor shall be $100 per hour. Minimum charge $100.

Replace sewer service permit, per connection.................................. $550.00 Repair sewer service permit, per connection .............. , .. ,.................. $400.00 Emergency repair permit, per connection ............................... add $100 to pennit fee Sewer service termination permit. ................................................ $400.00 Industrial wastewater discharge permit.......................................... $1000.00 WWTP laboratory sampling and analysis, industrial pretreatment program $400.00 WWTP sampling and non-WWTP laboratory analysis, industrial pretreatment program .......................................................... $200 plus cost

Approved as to Fonn and Legality,

City Solicitor

No.

etCitp of ~itt£)ftrU)


AN ORDINANCE

AMENDING THE CODE OF THE CITY OF PITTSFIELD CHAPTER 24 - SCHEDULE OF FEES, SECTION 24-1 ESTABLISHMENT

(Page 2 of 2)

Be it ordained by the City Council of the City of Pittsfield, as follows:

PUBLIC SERVICES

Pennit/Service Fee Excavation pennit, point excavation (cut length/width/depth all of similar dimension in right-of-way) ......................................... $200.00 Excavation pennit, linear excavation (cut length is significantly longer than width or depth in right-of-way) ...................... $200.00 plus $100 per 100

linear feet or fraction thereof New driveway penni!............................................................... $200.00 Replace driveway permit.. .......................................................... $200.00 Stonn drain connection pennit.. ................................................... $400.00 Newspaper vending machine, annual.. ................ , .......................... $250.00 Trench penni!. ....................................................................... $100.00 Banner penni!:

Single-pole banner, per month or fraction thereof. .................... $60.00 Cross-street banner. ..... $300.00 plus $60.00 per month or fraction thereof

Right-of-way occupancy For one to 10 days .......................................................... $20.00 For II to 30 days ............................................................ $60.00 For one year. ................................................................. $250.00

SECTION II - This ordinance shall take effect upon enactment.

Approved as to Fonn and Legality,

City Solicitor

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(!titp of ~ttt5fidb

__ J.D",e",c",el.Lm""b",er,-,S,,--_ 20 2.Cl1.a

To the City Council of the City of Pittsfield:-

The undersigned respectfully

requests that the Mayor re-establish the Cable Commission in order to give the City and its residents a forum to discuss services and related problems.


Chris Conhell Ward 4 Councilor

"'-'-~-=::::"~--,.£-i.L~.. '" =j -- =..=../ Kevin Morahdi Ward 2 Councilor

CC 1

(tCttp of fttttsfielb

__ ""DC"-ec",e<!.m!l!b""e,,-ry5 __ 20 ~



requests that the speed limit on North Street from Park Square to Berkshire Medical Center be posted at 25 mph.


//_! . Ii ~L:;t,( tf=-e.-; ___ ---.-Kristine M. Hurley, Executive Director Downtown Pittsfield Inc.

£~~ Kevin Morandi Ward 2 Councilor

CC 29

QIitl;! of Jithdido

December 6 2 16

To the City Council of the City of Pittsfield: -

The Committee on ORDINANCE AND SUL ES

to whom was referred the PE TIT ION FROM MA YOR T Y ER SU RM I TT I NG AN ORD I ANCE

AMENDING THE CITY CODE, CHAPTER 10, JUNK DEALERS

AND WASTE COLLECTORS, SECTION 10-1 ( c )

having considered the same, report and recommend that I T BE A P PRO V ED. 5-0.


Chairman

Linda M. Tyer Mayor

THE CI1Y OF PITISFIELD OFFICE OF THE MAYOR


November 9,2016


Dear Councilors,

Submitted herewith for your consideration is an Ordinance amending the Code of the City of Pittsfield, Chapter 10, Junk Dealer and Waste Collectors, Section 10-1 (c).

RfifectfUlly submitted,

Cf~rckt(n" (~' /( Linda M. Tyer / Mayor

LMTfCVB

Enclosure

No ............................. .

<ttitp of ~ttt5'fttU)


AN ORDINANCE

AMENDING THE CODE OF THE CITY OF PITTSFIELD CHAPTER 10 JUNK DEALERS AND WASTE COLLECTORS

Be it ordained by the City Council of the City of Pitt~field. as follows:

Section I

That the Code ofthe City of Pittsfield, Chapter 10, Junk Dealers and Waste Collectors, Section 10-1 (c) as amended be further amended by adding "or a motor vehicle without a valid state inspection sticker" after "or unregister motor vehicle"

Section II

This ordinance shall become effective upon enactment.

City of Pittsfield, MA

Chapter 10. Junk Dealers and Waste Collectors

Sec, 10-1. License-Required.

Page 1 of 1

City of Pittsfield, MA Thursday, November 10, 2016

[R 0, 1947, ch, 31, § 1; Ord, No, 568A, § 1; Ord, No, 384, § 1, 10-16-1980; Ord, No, 390, § 1, 1-29-1981; Ord, No. 514, § 1,6-14-1985; Ord. No. 643, § 1, 9-14-1989] No person, unless he is duly licensed by the licensing board, shall:

(a) Be a dealer in or keeper of a wrecker, salvage or junkyard; or

(b) Go about picking up or collecting rags, junk, old metal or other waste matter; or

(c) Keep in the open or allow to stand on any premises, public or private, for a period of more than 48 hours, any abandoned, wrecked, junked, dilapidated, nonoperating or unregistered motor vehicle, defined to be any machine propelled by power other than human power, designed to travel along the ground by use of wheels, treads, runners or slides and transport persons or property or pull machinery, and shall include, without limitation, automobiles, trucks, trailers, motorcycles, tractors, buggies, wagons, all-terrain vehicles and snowmobiles; or

(d) Operate a scrap metal and/or processing yard.

http://www.ecode360.com/print/PI1888?guid= 15967811 11110/2016

eel

qritp of ~itt5fieU)

June 20 2016 ________________ 20



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.


~.f « Y\(i:Jr11: (If (J / Jf/

Melissa Mazzeo Councilor at Large

BERKSHIRE COUNTY EDUCATION TASK FORCE JOHN HOCKRIDGE, CHAIR.

November 18. 2016

Ms. Jody Phillips. City Clerk City of Pittsfield City Hall Pittsfield, MA 01201

WM. J. CAMERON, VICE-CHAIR.

RE: B.C.E.T.F Presentation on 12113116 City Council Agenda

Dear Ms. Phillips:

The Berkshire County Education Task Force (BCETF) has voted that a presentation on its work to date and work to be completed in 2017 be offered to every Berkshire County city council, board of selectmen, and school committee. I am therefore writing to request that the Pittsfield City Council's agenda for December 13,2016, Include time for a report on the status of the BCETF's work to date. Andrea Wadsworth, a Task Force member and former chairperson of the Lee School Committee. will make the presentation, which should take approximately 10 minutes. I will be present at the meeting, as well.

The BCETF was founded in June 2015 under the auspices of the Massachusetts Association of School Committees. Its purpose is to develop workable recommendations for consideration and action by the elected bodies of our County's 32 cities and towns, its 19 school committees, and the communities these bodies represent. BCETF's recommendations will address constructively and realistically the serious educational problems this County faces. The primary elements of these problems are plain to see: declining K-12 enrollment county-wide; costs that nevertheless increase annually in areas such as special education, health insurance, and technology; stagnant Chapter 70 and other education-related fiscal aid from the Commonwealth; as a consequence, school committees' ever greater dependency on revenue from local taxation; and, due to all these factors, the diminishment of our schools' educational programming.

Materials related to the BCETF's work, including (1) meeting minutes, (2) the BCETF's initial White Paper, (3) the BCETF's 77-page Phase One Report, issued in late October by the University of Massachusetts Donahue Institute, and (4) a three-page precis of that report can be found at:

http://berkshireeducation.org/about.html

I am attaching hereto materials pertaining to this presentation for dissemination to each Councilor.

Thank you for your assistance. Please contact me if you have any questions.

Willi"m J. Ca'1~w'\. 1016 West Pittsfield, MA 01201 Phone: (413) 443-9776 E-mail: [email protected]

cc: A. Wadsworth J. Hockridge

Attachs. (PowerPointihandout; precis of Phase / Report)

PRECIS of Berkshire County Education Task Force Planning Study,

Phase One Final Report, October :l016

Submitted by University of Massachusetts Donahue Institute Eliot Levine, Ph.D., Senior Research Manager

1. Introduction On October 2.016, pursuant to an agreement made in Spring 2016 with the University of Massachusetts Donahue Institute (UMDI), the Berkshire County Education Task Force (BCETF or 'Task Force"), received a report from UMDI entitled, Berkshire County Education Task Force Planning Study, Phase One Final Report, October 2106. Receipt of this document constitutes completion of the first of a two-phase effort. The Phase One study was intended to review and confirm evidence that decreased enrollment, rising costs, and declining or flat revenues pose challenges to the quality of the education provided by Berkshire County's public schools. Phase Two of the Task Force's work will consist of developing workable and sustainable recommendations for addressing the problems identified in Phase One. After being vetted by the Task Force, those recommendations will be presented for consideration and possible action to Berkshire County's school committees, boards of selectmen, city councils, and community at large.

The Phase One Final Report concludes that "the evidence reviewed and presented to UMDI clearly indicates that the quality of education in Berkshire County is being threatened by these factors [Le., decreased enrollment, rising costs, and declining or flat revenues I, with program impacts already being experienced in some districts and signs of potential program impacts over time in most districts' [emphasis added) (Report, p. 52).

2. Literature Review As part of the Phase One work, UMDI undertook a review of the large and varied literature dealing with remodeled educational organizations, including studies of varieties of shared services and experiences with consolidated districts. Shared services are already in place in areas of Berkshire County, and sometimes prove effective programmatically and financially. Studies done of districts' consolidation are inconclusive in identifYing effective and easily replicated models.

3. Evidence UNDI's Phase One study examined three areas of evidence -- enrollment trends; cost and revenue trends; and educational program trends -- that could substantiate the existence of serious problems for Berkshire County's current public education system. Sources of such evidence include: reports filed by school districts with the Massachusetts Department of Elementary & Secondary Education (DESE); popUlations and fiscal studies conducted by the Berkshire Regional Planning Commission; the Commonwealth of Massachusetts Department of Revenue; data projection models based on state-wide information available to UMDI researchers; and two rounds of interviews with school district administrators, one exclusively of past or current administrators with at least 15 years of experience in Berkshire County education. Evidence of major problems, both extant and projected, can be found in each evidentiary area examined.

2

A. Enrollment Trends. Past, current, and projected student enrollment vary from district to district throughout Berkshire County. Nevertheless, with the exception of the Berkshire Arts & Technology Charter School (BaRT) and Northern Berkshire Regional Vocational-Technical High School (McCann) -- each of which admits students selectively, either by a lottery of those seeking admission or on satisfaction of admission criteria, and each of which draws its students from the populations of other distracts -- all jurisdictions' enrollments have declined appreciably from the 1999-2000 school year to the 2014-2015 school year. Overall, Berkshire County's public school enrollment declined 22.3% in that 15-year period. By way of contrast, student enrollment in the Commonwealth of Massachusetts declined overall by only 1."fA, in the same period.

Using four different enrollment projection models (see Report, p. 10), the Phase One study concludes that from 2015 to 2025 the County will experience a further enrollment loss of 10.8%; and from 2025 to 2035, the anticipated loss will be an additional 6.5%. Of students enrolled in Berkshire County, the percentage of those who were low income in 2015 (34.0%) exceeded the Commonwealth's percentage overall (26.3%). Similarly, a difference was found in the County's 2015 percentage of special education students (17.7%) vis-a-vis the percentage of such students in Massachusetts overall (17.1%). Of note is that in each case, with both low income and special needs students, Berkshire County's percentages had been lower than the state percentages in 2005.

B. Cost & Revenue Trends. UMDI found that from 2005 to 2015 total public school expenditures in Berkshire County grew 27%, with increases attributable in large part to negotiated compensation rates for school employees (which nevertheless has risen at a slower rate than teacher salaries have risen statewide), employee health insurance, and special education services. The Commonwealth's Chapter 70 general aid to school districts and towns increased by 23% during that time, whereas tax levies in the County's various towns and cities rose by 49%.

Though there is wide variation among of towns and cities, and therefore among school districts, of municipalities' statutory taxing capacity, the overall tax levy as a percentage of assessed value changed from 1.31% in the period 2000-2005, to 1.19% in 2006-2010, to 1.52% in 2016. This suggests that many municipalities are utilizing a portion of their remaining taxing capacity to support their educational expenditures. Proposition 2'h override capacity likewise varies widely from town to town, with some municipalities, including those educating large percentages of County students, at or near their levy ceilings. Unused building capacity, which increases districts' per pupil costs, is extensive throughout Berkshire County.

C. Educational Program Trends. Berkshire County's enrollment decline between the 2004-2005 and 2014-2015 school years has been accompanied by a reduction in full-time equivalent (FIE) teachers, from 1,684 to 1,429. This is consistent with reported program losses in that period in foreign languages, instructional technology, curriculum development, and librarian services. Reductions or eliminations reported have also included staff, and therefore programming, be it sections or actual subjects, in graphic arts, performing arts, music, and physical education, as well as in those noted above. Districts have reduced Advanced Placement (AP) sections, and certain

vocational offerings in comprehensive high schools (e.g., house building, culinary arts, automotive repair, and drafting) have been eliminated or reduced, as well.

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What is more, school and district administrators reported that it has grown increasingly common for multiple levels of courses to be taught by one teacher in the same classroom at the same time. This cost saving measure adversely affects the quality of subject matter coverage and time for teachers to attend to the needs and abilities ofindividual students. Academic support services for students in need of additional or specialized subject matter assistance have also been reduced, as have guidance and school adjustment counseling services. In addition, athletics and other extra-curricular activities have been cut or reduced, as has late transportation for students wishing to participate in extra-curricular programs. This has as a consequence reduction of the opportunities for some students in large, rural districts to participate at all. The perception among those interviewed by UMDI is that the cumulative effect of these reductions and cuts has been to diminish the quality of the educational opportunities available to students in their districts.

4. Past & Future Strategies for Improving Financial Sustainability Many Berkshire County districts currently share services with one another, or with the government of the community or communities in which they operates, or both. The needs being addressed through these arrangements include special education, health care services, personnel matters, professional development, athletics, and administrative leadership. Regional efforts, led by the Southern Berkshire Shared Services Project, as well as by a more recent, comparable effort in northern Berkshire County, are also underway.

Among cost saving steps taken by districts have been the closing of schools, cooperative purchasing for energy and supplies, and elimination of positions within districts or schools through consolidation of functions. There are currently no plans for, nor are there on-going discussions about, consolidating school districts. UMDI's Phase One study reports that "[i]ssues of educational quality are clearly paramount to many stakeholders and must be prioritized alongside financial considerations when exploring potential regionalization processes" (Report, p. 411).

5. Conclusions & Recommendations UMDI's Phase One Final Report states that if recent economic trends in Berkshire County continue, then "there will be substantial strain on school district finances .... [M]any districts wiJIlikely need to make changes in the services they provide ... [including] reduc[ing] academic, extracurricular, and/or support services ... increasing class sizes, reducing the number of sections of certain courses, offering multiple courses or course levels in a single classroom, increasing the use of on-line courses and other technology-assisted academic work, combining extracurricular activities across schools or districts, and instituting or increasing participation fees .... [as well as taking] steps toward regionalization efforts" (Report, p. 53).

The Phase One Final Report advises moving on to Phase Two by looking closely at, and with due consideration given to the consequences of, further sharing of services and greater regionalization. " ... [G]iven the complexity of achieving agreement regarding regionalization among even two or three districts, feasihility of super regions is a key question" (Report, p. 56).

The Berkshire County Education Task Force is a group of current and former school administrators and educators, school committee members, town administrators, and local business leaders who have concluded that the county's public schools face reductions in educational quality due to declining student enrollment and revenues that are not keeping pace with costs. The Task Force seeks to inform regional dialogue and action with: (1) evidence of whether current approaches to educational service delivery are sustainable, and (2) the potential benefits and risks associated with various strategies to maintain financial sustainability and educational quality.

Figure 1: Berkshire County Public School Enrollment} 2000-2015

20,471 18,952

17,344 15,911

2000 2005 2010 2015

21000

20000

19000

18000

17000

16000

15000

14000

13000

12000

Berkshire County Enrollment: K-12

-22%

Actual Enrollment

- Projected Enrollment

-11%

~~~~#~#~~~~~~¢~~~~#¢~~~

24,000

23,000

22,000

21,000

20,000

19,000

18,000

17,000

16,000

15,000

Figure 2: Berkshire County Population Projections 2010-2040, Ages 5-19

Census 2010 Projection 2015

~UMDI V20:5

Projection ?rojectlc1n ?rojeC! lc.n 2020 2025 2030

• UMDI ce ll. Ii UMDI CSM

1'1 ~

Projection 2035

Projection 2040

~BRPC2013

Figure 5: Berkshire County Public Schools Cost and Revenue Trends, 2010·15

19%

10%

4%

-8%

Enrollm ent Expend it ures Chapter 70 Tax Levy Funding

la lIenges: 3t Revenues

Percentage of Tax Levy Limits and Tax Ceilings

100%

1 50%

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I ; Tax Levy Limits Which Require Town 2 % Overrides ; Tax Levy Ceiling Reached within 5 Years (Cannot Raise Taxes)

Berkshire County Education Task Force membership:

South County: Neil Clarke, MTA Senate District Coordinator Stephen Bannon, Chair, Berkshire Hills Regional School Committee Dr. Peter Dillon, Supt., Berkshire Hills Regional School District Edward Gibson, Becket Town Administrator Carl Stewart, Chair, Southern Berkshire Regional School Committee Robert Vaughan, Chair, Lenox School Committee Andrea Wadsworth, Chair, Lee School Committee

Central County: Shawn Armacost, Chair, Central Berkshire Regional School Committee Dr. William Cameron, (retired) Supt., Central Berkshire Regional School District Michael Case, Vice-Chair, MASC Division VI, (member) Central Berkshire Regional School Committee Josh Cutler, (member), Pittsfield School Committee Dr. H. Jake Eberwein, (former) Supt., Pittsfield Public Schools, (current) Berkshire Compact, MCLA Dean, Graduate & Continuing Education Brian Fairbank, Chair, The Fairbank Group Matt Kerwood, Pittsfield Finance Director Dr. Jason McCandless, Supt., Pittsfield School District Douglas McNally, (former) Principal, Taconic High School, (current) Berkshire Compact Kathy Yon, Chair, Pittsfield School Committee

North County: James Brosnan, Supt., McCann (Northern Berkshire Regional School District) Dr. Cynthia Brown, Vice-President of Academic Affairs, MCLA Paul Butler, Chair, Adams-Cheshire Regional School Committee Dan Caplinger, Chair, Williamstown Elementary School Committee Regina DiLego, Chair, Lanesborough School Committee Kara Dougherty, Berkshire Education Action Network Carrie Greene, Chair, Mt. Greylock Regional School Committee John Hockridge, Chair, MASC Division VI, (member) North Adams School Committee Jon Lev, Supt., North Berkshire School Union Tony Mazzucco, Adams Town Administrator

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(!Citp of ~itt5fidb


06 December ________________ 20 16


Asks that "NO PARKING" signs be placed on Boise street

and Newell street.


Ni CJ.Zl.1n.'BS J. Caccamo

City 03

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City of Pittsfield

50 100 150

Feet

200

Map for Reference Only Not a Legal Document

The City of PillS!!&1<l ma"". no c~im •• no fepf .. senla~on., and no warn",', ... ex:>,esSfld "r impl .. d, concerning 1M

va,d'l)I (expressed "r Impl","). Ilia ,eliabollty, "f llle aoc;y,acy of 1M GIS dala Md GIS data product$furnishad by It>« C~y, mcltlding 1M ''''PI;''o vaM,\y 01 ar.j uses of suclI <!IlIa. The !J.e ollhis dalll, ., ""Y $"cl\ mannar, shall not .... per""" ..

any federal, stale, O1Io<:"llaw$ '" regulations

ESTABLISHING PARKING RESTRICTIONS

SECTION 1: By virtue of and pursuant to the authority granted by Chapter 13, Article V, of the Code of the City of Pittsfield, it is hereby determined and ordered that all prior traffic orders pertaining to parking on the streets named herein, as amended, are hereby further amended as specified herein below:

Newell Street - Parking prohibited on the south side, from the eastern intersection of Boise Street (entrancc to Deming Park) 190 feet easterly

Meadow Lane - Parking prohibited on the east side, from the western intersection of Boise Street (entrance to Deming Park) 130 feet southwesterly

Boise Street - Parking prohibited on both sides for entire length (from Meadow / Newell to Deming Park parking lot)

SECTION 2: That this order shall take effect seven (7) days after is adoption by the City Council of the City of Pittsfield and not less than seven (7) days after publication and erection of the official signage.

CC 1

<!tit!' of ~ittsftdb


06 December ________________ 20 16


Asks that either a "RIGHT TURN ONLY" or a "NO LEF'I' TURN"

Sign be installed at the intersection of Eloise Street

and N~well Street.


I Ni6tr6l~s J. Caccamo

City Councilor: Ward 03

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o

S

City of Pittsfield

50 100 150

Feet

200

Map for Reference Only Not a Legal Document

The City a/P,ttsfleld makes no claim •. no ,,'p ....... n1aUonS, Md no wan""\I9S, 9X1lressed "J impl .. d. conC<lmmg Ih ..

"aid,!), (expressed '" Implied). I~ .. reli..t>ilily. or Ihe accuracy 0,111>0 GIS dala and GIS data producl' fumished ~y llIe C~y. ,nclud'ng tile Implied valid,!)' of all'{ useS of such data. The usa ollhis data, '" ""y such man",,', shaU n"t supere9<W

""Y lede,al, slale. Or Iocellaws or regulatiOns

· .. ESTABLISHING THE LOCATION OF A RIGHT TURN ONLY SIGN

SECTION 1: By virtue of and pursuant to the authority granted by Chapter 13, Article IV, of the Code of the City of Pittsfield, it is hereby detennined and ordered that all prior traffic orders pertaining to the streets or locations named herein below, as amended, are hereby further amended as indicated herein below:

Boise Street (entrance to Deming Park) - For traffic exiting the park onto Newell Street

SECTION 2: That this order shall take effect upon approval by the City Council of the City of Pittsfield, seven days after publication by the City Clerk and upon erection of the official signage.

CCI

ctCttp of Jttt~fttlb

____ ~D~e~oe~m~b~er~7~. ____ 20 ~



requests improvements to signage on Fort Hill Avenue and Hungerford Street.

Attached are images I received from one of my constituents with suggested improvements. These streets are constantly used as a cut through from West Street to Route 20 and having adequate signs in those areas are an important safety concern.


~cL ll.-1iJ. M ~-/jt ohn M. Krol, Jr.

Ward 6 Councilor

! I 121___ ~ : Lt - ~1l1lti.~~1

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3

CC 1

<!Citp of l)itt£ifidb



Submitted to the Pittsfield City Council on Tuesday, December 06,2016.

I, Rinaldo Del Gallo, III, hereby petition the City of Pittsfield to pass the following "Pittsfield Trust Act" ordinance which is based on the "Boston Trust Act" ordinance adopted by the City of Boston in 2014 with only the most minor of changes.

The changes include changing the City of Boston to the City of Pittsfield; replacing the words "Police Commissioner" with "Police Chief," and the start date of reporting found in Section 3. Other than these minor edits, I present the same ordinance that has already been adopted by the City of Boston in 2014, and which passed unanimously, and is known as "The Boston Trust Act."

It is my hope that this proposed ordinance is referred to the Pittsfield Human Rights Commission for review.

Here is my proposed language for a "Pittsfield Trust Act," which may be edited or changed as the Pittsfield City Council may like:

AN ORDINANCE ESTABLISHING A PITISFIELD TRUST ACT'

WHEREAS, The City of Pittsfield seeks to ensure that all immigrants are able to fully participate in the civic and economic life of their neighborhoods and nurture and grow the spirit of unity in our City; and

WHEREAS, The City of Pittsfield desires to provide opportunity, access, and equality for immigrants, and highlight the essential role immigrants have played and continue to play in moving Pittsfield forward; and

1 This proposed ordinance was taken nearly verbatim from Boston's Trust Act.

http://www . catru stact.org/ u ploa dS/2/5/ 4/6/25464410/bostonJce _hold _reform _pol icy _ 2014. P df. Retrieved Wednesday, November 16, 2016. The Boston Trust Act was passed in 2014.

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WHEREAS, The federal government's Immigration and Customs Enforcement ("ICE") Secure Communities program uses local law enforcement data to identify suspected immigrants subject to detention who are in local custody; and

WHEREAS, ICE issues civil immigration detainer requests which allow for prolonged detention during which ICE investigates the immigration status of individuals in local custody; and

WHEREAS, In other jurisdictions, honoring civil immigration detainer requests based on less than probable cause has been ruled a violation of the Fourth Amendment, exposing local law enforcement agencies to liability under 42 U.S.c. § 1983; and

WHEREAS, When local law enforcement officials indiscriminately honor all ICE civil immigration detainer requests, including those that target non-criminal aliens, immigrant residents are less likely to cooperate and public trust erodes, hindering the ability and effectiveness of Pittsfield's police force; and

WHEREAS, A local Trust Act is necessary to establish the City's policy for responding to ICE's civil immigration detainer requests;

NOW THEREFORE, Be it ordained by the City Council of Pittsfield, as follows:

Section 1. Definitions.

(a) "Civil immigration detainer request" means a non-mandatory request issued by an authorized federal immigration officer under Section 287.7 ofTitle 8 of the Code of Federal Regulations to a local law enforcement official to maintain custody of an individual for a period not to exceed forty-eight (48) hours, excluding Saturdays, Sundays, and holidays, and advise the authorized federal immigration officer prior to the release of that individual.

(b) "Eligible for release from custody" means that the individual may be released from custody because any of the following conditions has occurred:

(1) All criminal charges against the individual have been dropped or dismissed;

(2) The individual has been acquitted of all criminal charges filed against him or her;

(3) The individual has served all the time required for his or her sentence;

(4) The individual has posted a bond, or has been released on his or her own recognizance;

(5) The individual has been referred to pre-trial diversion services;

(6) The individual has been sentenced to an alternative to incarceration, including a rehabilitation facility;

2

(7) The individual is otherwise eligible for release under state or local law.

(c) "ICE administrative warrant" means a warrant issued by a federal immigration officer, not a judicial officer, that does not confer detention authority on a local jurisdiction.

(d) "law enforcement official" means any City of Pittsfield department, or officer or employee of a City department, authorized to enforce criminal statutes, regulations, or local ordinances; operate jails or maintain custody of individuals in jails; and operate juvenile detention facilities or maintain custody of individuals in juvenile detention facilities.

Section 2. A law enforcement official shall not detain an individual on the basis of a civil immigration detainer request or an ICE administrative warrant after the individual is eligible for release from custody, unless ICE has a criminal warrant, issued by a judicial officer, for the individual.

Section 3. Reporting. Beginning no later than January 31,2018,' and no later than January 31 of each subsequent year, the Pittsfield Police Chief3 shall submit a report to the Clerk of the City of Pittsfield, and the Clerk shall forward the report to the Mayor of the City of Pittsfield and shall docket the report and include the docket on the agenda of the next-occurring meeting of the Pittsfield City Council. The report shall include the following information for the immediately preceding calendar year:

(a) A statistical breakdown of the total number of civil immigration detainer requests lodged with City law enforcement officials, organized by the reason(s) given for the request;

(b) The total number of individuals that City law enforcement officials detained pursuant to Section 2;

(c) The total number of individuals transferred to ICE custody; and

(d) A statistical breakdown of cost reimbursements received from the federal government pursuant to any granted detainer requests, organized by case.

Section 4. The provisions of this ordinance shall be effective immediately upon passage.

'The date was changed from the Boston Ordinance. 3 The Boston ordinance referred to the "Police Commissioner."

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regular meeting of the city council g. kulberg, m.d. practicing pediatrician, berkshire pediatric...

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