REGULAR MEETING OF THE CITY COUNCIL · September 21,2016 Dear Mayor Tyer, The nominating committee...

of 2

AGENDA

1. Open microphone APPOINTMENTS

2. Appointment of Christopher Pedersen and David Keator to the Airport Commission

3. Appointment of Christopher Farrell to the Airport Commission

4. Appointment of Thomas Sakshaug to the Airport Commission

5. Appointment of Kenneth Singer, Jody Phillips, Theresa Bianchi, Richard Briggs, James Clark

and Anthony Simonelli to the Council on Aging

6. Appointment of Ezra Small to the Green Commission

7. Appointment of Jane Winn to the Green Commission

COMMUNICATIONS FROM HER HONOR THE MAYOR

8. A communication from Mayor Tyer submitting an Order authorizing the City of Pittsfield to accept a grant of funds in the amount of $64,000 from Berkshire Regional Planning Commission

COMMUNICATIONS AND REPORTS FROM CITY OFFICERS AND BOARDS

9. A communication from the City Clerk submitting an Order directing the issuance of warrants for the State Election to be held on November 8, 2016 and an Order designating polling places and hours for said election

10. A petition from Councilors Tully and Morandi requesting the speed limit on Springside Avenue between Grove Street and North Street be reduced to 25mph

11. A petition from Councilor Morandi requesting 25mph speed limit signs be installed on Kellogg St.

12. A petition from Councilor Morandi requesting the loading zone in front of 656 North Street be

restored

13. A petition from Councilors Krol, Amuso and White requesting the City Council pass a Resolution in opposition to Question 2 on the November 8, 2016 ballot

CITY OF PITTSFIELD REGULAR MEETING PITTSFIELD CITY COUNCIL Tuesday, October 11, 2016 at 7:00 p.m. Pittsfield City Hall, City Council Chamber

of 2

REPORTS OF COMMITTEES

Report of the Committee on Community and Economic Development 14. A report of the Committee on Community and Economic Development on a communication from

Mayor Tyer submitting an Order authorizing the City of Pittsfield to approve an allocation of funds in the amount of $562,000 from the Pittsfield Economic Development Fund for Covanta Pittsfield, LLC, recommending it be approved Report of the Committee on Ordinances and Rules

15. A report of the Committee on Ordinances and Rules on a communication from Mayor Tyer submitting an Ordinance amending the City Code, Chapter 16, Personnel, Article I, Section 6-21, recommending it be approved

16. A report of the Committee on Ordinances and Rules on a petition from David Pill requesting an Ordinance requiring any individual appointed to a board or commission to be a resident of Pittsfield, recommending it be filed

UNFINISHED BUSINESS

17. 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)

18. A report of the Committee on Ordinances and Rules on a petition from Councilor Connell requesting installation of handicapped spaces on North, South, Tyler, Elm and West Streets at a ratio of one for every ten available spots, recommending approval (tabled 8-9-16)

19. A report of the Traffic Commission on a petition from Councilor Connell requesting speed limit

signs near all school indicate the enforcement times, recommending signs read “when children are present” (tabled 8-9-16)

MATTERS TENTATIVELY REFERRED BY THE PRESIDENT UNDER RULE 27

Referred to the Traffic Commission

20. A petition from Councilors Morandi and White requesting removal of two 15-minute parking spaces in front of 100 Lincoln Street

Linda M. Tyer Mayor

THE CI1Y OF PITTSFIELD OFFICE OF THE MAYOR

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

October 6, 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 Airport Commission for three year terms expiring October 11, 2019:

Christopher J. Pedersen, 9 Hope Street, Pittsfield, MA 01201 David P. Keator, 35 Schermerhorn Park, Lenox, MA 01240

~e ec~ully submitted,

lllrtia rn ~lt Inda M. Tyer

Mayor '

Linda M. 'iYer Mayor

THE CITI OF PITTSFIELD OFFICE OF THE MAYOR


October 6,2016


Dear Councilors,

It is my sincere privilege to submit herewith for your conSideration, the appointment of Christopher Farrell, of 30 Gamwell Avenue, Pittsfield, MA to the Airport Commission for a term expiring October 11, 2019.

~elr. C~ully submitted,

(j Lrt:11l rn aWl Linda M. Tyer Mayor

Post Office Box 1821. Pittsfield. Massachusetts 01202

CHRISTOPHER CORCORAN FARRELL

JUSTORY OF WORK RELAED EXPERIENCE

MANAGER, CORPORATE COMMUNICATIONS AND GOVERNMENT RELATIONS Berkshire Gas Company, Pittsfield, Massachusetts - An Iberdrola Company

MANAGER OF FEDERAL GOVERNMENT AFFAIRS (Concurrent) Energy East. Washington. D.C.

STAFF ASSIST ANT Congressman Silvio O. Conte. First Congressional District of Massachusetts

ASSIST ANT DIRECTOR United Way of Central Berkshire, Pittsfield, Massachusetts

ASSISTANT MANAGER, Savings Department Berkshire County Savings Bank, Pittsfield, Massachusetts

COMMUNITY AND PROFESSIONAL INVOLVEMENT

Bo.ards of Directors • Boys and Girls Club of Pittsfield, Corporator • Storefront Artists Project • Barrington Stage Company • The Theater Barn, Incorporated • Berkshire Community Action Council, Mayoral Appointee and Board President • March of Dimes, Berkshire County Chapter,

- Chairman. Airshows '82 and '83 • American Institute of Banking, Berkshire Hills Chapter

(:omfl!unity • Rotary Club of Pittsfield • Pittsfield Municipal Airport Commission. Mayoral Appointee and Chairman • Junior Achievement Radio, Advisor • United Way of Central Berkshire. Speakers Bureau

I'rofessiol1'!! • Iberdrola USA PAC Executive Committee • Iberdrola USA PAC Board Member • Energy East PAC Advisory Board, Chairman • Energy East PAC Board Member • Berkshire Gas Code of Conduct/Ethics Compliance Advisory Committee • Berkshire Chamber of Commerce. Government Affairs Committee • American Gas Association, Washington, DC

- Legislative Committee - Gas Distributors Exchange, Chairman

1987 - Present

2002 - 2005

1980-1987

1979-1980

1976-1979

Linda M. Tyer Mayor

THE CI1Y OF PITISFIELD OFFICE OF THE MAYOR

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

October 6, 2016


Dear Councilors,

It is my sincere privilege to submit herewith for your consideration, the appointment of Thomas J. Sakshaug, D.D.S, of 50 Vista Street, Pittsfield, MA to the Airport Commission for a term expiring October 11,2019.

R~,eSpeCtfUilY submitted,

. " -rn. J !VL ~. a1Ptyer 11/ Mayor (J

Thomas J. Sakshaug, D.D.S.

Office: 222 South Street Pittsfield, MA 01201

Home: 50 Vista Street Pittsfield, MA 01201

Email: [email protected]

Education: Western Reserve College of Case Western Reserve University, Cleveland, Ohio Bachelor of Arts in Psychology, magna cum laude, 1981

Case Western Reserve University School of Dentistry, Cleveland, Ohio Doctorate of Dental Surgery, 1986

Massachusetts Dental License # 16378

Professional Memberships: American Dental Association 1986-present Massachusetts Dental Society, 1986-present:

Delegate to MDS Annual Meeting, 1990-present Volunteer, Yankee Dental Congress, 2004-2006; 2014-present

Berkshire District Dental Society, 1986-present: Treasurer, 2004-present Continuing Education Committee, 1987-2015

Continuing Education Chair, 1998-2001 Peer Review Committee, 2001-2004 Ethics Committee, 2001-2004 District Chair, 2001-2002

Volunteer and Community: Pittsfield: Pittsfield Airport Study Committee, Chair, 2016 Pittsfield Conservation Commission, 2010-present, Vice Chair 2014-present

Completed MACC Fundamentals for Conservation Commissioners program, 2011 "Storm water 1 0 I" course, Spring 2013

Pittsfield Animal Control Commission, 2005-present, Vice Chair 2015-present Pittsfield Open Space and Recreation Subcommittee of Master Plan Committee, 2006 Co-leader, Citizens for a Sensible Airport Plan, 2000-2008 Planning Advisory Committee, Pittsfield Airport, 2001-2005 Pittsfield Health Advisory Council, 2004 Other: Volunteers in Medicine Berkshires, Great Barrington, MA

Dental Clinic Provider, 2007-present (In my Pittsfield office 201 O-present) Boy Scout Troop 66, Lanesborough

Assistant Scoutmaster, 1985-2008

Linda M. Tyer Mayor

THE CITI OF PITISFIELD OFFICE OF THE MAYOR


October 6,2016


Dear Councilors,

It is my sincere privilege to submit herewith for your consideration, the following appointments to the Council on Aging for three year terms expiring October 1, 2019:

Kenneth W. Singer, 1045 West Street, Pittsfield, MA 01201 Jody L. Phillips, 70 Allen Street, Pittsfield, MA 01201

The following are reappointments for three year terms expiring October 1, 2019

Theresa Bianchi, 9 LeRoi Drive, Pittsfield, MA 01201 Richard Briggs, 15 Baver Drive, Pittsfield, MA 01201 James H. Clark, 70 Allen Street, Pittsfield, MA 01201 Councilor Anthony Simonelli, 59 Kellie Drive, Pittsfield, MA 01201

RerPectfully submitted,

lJ'rtlR Di ~~~/) tZnla M. Tyer (' Mayor

CITY OF PITTSFIELD

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

September 21,2016

Dear Mayor Tyer,

The nominating committee of the Pittsfield Council on Aging has chosen to recommend Kenneth W. Singer of 1045 West St. and Jody L. Phillips of 142 Chapel St. both of Pittsfield, to serve as members of the Board of the Pittsfield Council on Aging. Mr. Singer and Ms. Phillips will be filling expiring terms of Mary Kathleen O'Donnell and Paul Callahan.

We are also requesting the re-appointment of Theresa Bianchi, Richard J. Briggs, Anthony Simonelli and James Clark

Thank you very much,

o ... L((k~~' t" {lJ[//] \J; / ~ Q~L+1 Cx....zu

Vincent P. Marinaro Senior Center Director

Linda M. Tyer Mayor

THE CITY OF PITTSFIELD OFFICE OF THE MAYOR


October 6,2016


Dear Councilors,

It is my sincere privilege to submit herewith for your consideration, the appointment of Ezra Small, of 52 Stanton Avenue, Pittsfield, MA to the Green Commission for a term expiring October 11, 2019.

Respectfully submitted,

~nrrl Ii (1) ,~I) d'cfa MTYer , Mayor \

52 Stanton Avenue Pittsfield, MA 01021

EDUCATION

Ezra M. Small

University of Massachusetts, Amherst, MA College of Natural Resources and the Environment

[email protected]

Master of Science (M.S.) in Wildlife and Fisheries Conservation (Professional Concentration in Education and Communication)- May 2007

The Evergreen State College, Olympia, WA Bachelors of Arts (BA.) in Liheral Arts - June 2003

EMPLOYMENT EXPERIENCE University of Massachusetts Amherst, Campus Sustainability Manager Amherst, MA, September 2011-Present

• Coordinate the Chancellor's Sustainability Advisory Committee • Lead many impactful sustainahle energy, waste reduction, and student engagement programs • Successfully awarded over $1.2 million in state grant funding for campus renewable energy

projects over 5 years

Delaware Valley Green Building Council, Programs Coordinator Philadelphia, PA, July 2009-August 2011

• Oversaw and delivered green building education programming, including LEED® curriculum • Provided technical and strategic assistance to hundreds of professional member volunteers

serving on committees such as Green Schools, Residential, Advocacy Committees

Climate Crisis Coalition, Program Coordinator & Web Developer South Lee, MA, November 2007-July 2009

• Organized climate action events on college campuses and built national coalition of partners • Developed and managed website for 2010 National Pricing Carbon Conference, November 2010

• Built support for effective climate policies through legislative visits to elected officials

AmeriCorps VISTA Intern, Waste Management Specialist Center for Ecological Technology, Pittsfield, MA, August 2004-August 2005

• Coordinated state-wide recycling program and taught after school programs to grades 3-6 • Provided waste management solutions to underserved communities, schools, and businesses • Promoted programs that help local communities reduce greenhouse gas emissions

FELLOWSHIPS & AWARDS Leading by Example Award, Individual Achievement Award

• 2014 - Awarded by Massachusetts Department of Energy Resources, for outstanding environmental and energy leadership

Second Nature Climate Leadership Award • 2014 - Head author on the award application on behalf of the University of Massachusetts

Amherst for this prestigious award in the "Doctorate Granting Institution" category MassRecycle University Recycling Award/U.S. EPA Food Recovery Challenge Colleges and Universities and Innovation Awards

• 2013 - Head author on all three award applications on behalf ofthe University of Massachusetts Amherst

Center for Progressive Leadership, Pennsylvania Political Leaders Fellow • 2011 - Chosen to participate in 9 month program for political leadership development

Linda M. Tyer Mayor

THE CI1Y OF PITTSFIELD OFFICE OF THE MAYOR

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

October 6.2016


Dear Councilors.

It is my sincere privilege to submit herewith for your consideration. the appointment of Jane Winn, of 27 Highland Avenue, Pittsfield. MA to the Green Commission for a term expiring October 11. 2019.

Res~ectf~lIy submitted,

)Alrelet m ,?t6·J) Linda M. Tyer Mayor

Mayor Linda Tyer Pittsfield City Hall 70 Allen St. Pittsfield, MA 0120 I

Dear Mayor Tyer,

Jane B. W. Winn Executive Director

BERKSHIRE ENVIRONMENTAL ACTION TEAM

27 Highland Ave., Pittsfield, MA 01201-2413

I would like to be considered for a position on the Green Commission. I am especially interested in helping the City to reduce energy use by 20% by 2020. I believe we can make Pittsfield more resilient. increase jobs, make the City more attractive to youth, and save the City money by striving to reach this goal.

Over the last two years while advocating for the state to stop adding natural gas infrastructure and instead decrease our dangerous over-dependence on this fuel, I have developed numerous connections to leaders in many organizations working to decrease our use of fossil fuels and help make the transition to cleaner. mostly fuel-free energy sources. While I may not have the answers on how to best reduce our City's energy use. I have connections to the people who do have answers.

I would like the opportunity to try to help the City reach our goal of reducing our energy use by 20% by 2020 while helping our citizens to save money and reduce their energy use as well.

Thank you for your consideration.

Sincerely.

Jane B.W. Winn

STRENGTHS

Jane B. W. Winn Executive Director

BERKSHIRE ENVIRONMENTAL ACTION TEAM

27 Highland Ave., Pittsfield, MA 01201-2413

e>41 Studying a problem and finding leverage points where specific action may make a difference: My favorite activity for Berkshire Environmental Action Team is figuring out how to attack specific issues in order to achieve our goals

!l41 Networking with environmental non-governmental organizations, regulators, government employees, politicians, reporters, and citizens.

1!!41 Fostering communication among groups with same or diverging interests, such as increasing communication among environmental groups and highway planners and engineers.

EXPERIENCE

Berkshire Environmental Action Team, Inc, (BEAT - wwwthebeatnews.org) Executive Director and one of the founders

Two of our recent. relevant projects:

2002 to present

I. In 2016, BEAT was asked to be the non-profit partner with the state and the City of Pittsfield to participate in the Greening the Gateway Cities Program, designed to reduce energy use in the city by planting 2,400 trees over the next three years. This has been a great opportunity for me to work with dozens of volunteers in the Environmental Justice Neighborhoods in Pittsfield. [n addition to going door-to-door to make people aware of this great opportunity, I have worked with about 3 dozen volunteers to water newly planted trees at the Pittsfield Housing Authority properties.

2. At the end of 20 13. we became aware of a drive to bring vast quantities of tracked natural gas into New England. In February 01'2014, [initiated, helped develop, and later presented power point presentations designed to educate people about the Northeast Energy Direct (NED) and Connecticut Expansion pipelines proposed by Kinder Morgan/Tennessee Gas Pipeline Company. The presentation focused on why fracked natural gas is NOT clean, won't be cheap. won't be reliable, and most of all why we, in New England, don't need any more than we receive now - in fact we need to be decreasing our over-dependence on this toxic, Climate-changing gas as quickly as possible.

Honors lind Awards "Environmentalist of the Year," MA Association of Conservation Commissions, 3/3/07 "Outstanding Member," Pittsfield Community Television, 2007 "Outstanding Volunteer," Housatonic Valley Association, 2007 John O'Connor Award, Clean Water Action, 2015

Berkshire Conservation Collaborative Coordinator 2005 to 2007

The Collaborative was a loose network of conservation organizations and individuals working to increase communication among our groups and to increase OUf voice at the state capital.

• I started a weekly e-newsletter to ensure everyone knows what is happening in and around the county, enVironmentally speaking. (BEAT has picked up this function.)

• I organized an annual meeting of the Collaborative with the "Berkshire Delegation," our four state representatives and one state senator.

4Winns Productions Partner January 2001 to 20 II

As a partner, I film, edit, and produce educational, scientific, historic, and underwater films for DVD, video. and television. including: Atlantic Salmon Egg Rearing Program at the Becket-Washington Elementary School, The Water Cycle, Watershed Protection, Onota Lake Water Quality lid,anitoring and Weed Management, Lake Mansfield Watershed Study won the Garden Clubs Inc, Video/CD Award for 2002 - 03, As the company's grant writer, I have attracted grant awards in the $5,000 to $30,000 range,

The Nature of Things Science and Nature Store Partner/Owner

• Started, owned, and operated a retail Science and Nature Store in Lenox, MA • Set up the inventory and accounting systems, and trained all the staff

1989 to 1996

Franklin County Mental Health Association Bookkeeper to Accounting Supervisor February 1986 to July 1989

• Learned non-profit accounting on the job as I moved up from bookkeeping clerk to accounting supervisor when the facility moved computerized accounting systems

• Developed the spreadsheets for the financial reporting to the Massachusetts Departments of Mental Health and Social Services

EOI'CATIONAL HISTORY

Additional courses

University of Massachusetts, Amherst - Wetland Science Berkshire Community College - Geographic Information Systems

University of Massachusetts, Amherst Master of Science, Zoology

Quinnipiac University Bachelor of Arts, Biology

SELECTEO VOLUNTEER ACTIVITIES

Last Word Toastmasters CIlib of Toastmasters International Member & currently Vice President, Education

Housatonic River Initiative Board of Directors

Housatonic Valley Association Volunteer water quality monitor, West Branch of the Housatonic River

Lake Onota Preservation Association

1996 2001

1982

1979

2006 to 2009

2004 to 2015

2002 to 2007

2000 to 2008 Currently: Data entry and production of data sheets and graphs for the annual report, 2000 to 2003: Researched and mapped tributaries and storm drains, developed and implemented water

quality monitoring program for the tributaries_ Occasionally: assisted with in-lake water quality monitoring_

Dalton Community Cable Association 1999 to 2004 Film, edit. and produce television shows, Teach community members to do the same,

Berkshire Natural Resource Council Summer 2002 Inspection of boundaries of some of the many conservation restrictions held by the organization to uncover violations.

Mass Audubon (statewide) Board of Directors

Berkshire Sanctuaries of Mass Audnbon Advisory Board member, served 2 years as Chair and the allowable 7 years

1998-2002

1992-1998

Linda M. Tyer Mayor

THE CITI OF PITTSFIELD OFFICE OF THE MAYOR

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

October 6, 2016


Dear Councilors,

Submitted herewith for your consideration is an Order authorizing the City of Pittsfield to accept a grant of funds in the amount of $64,000.00 from the Berkshire Regional Planning Commission.

LMT/CVB Enclosure

RespectfJd!I.Y submitted, \/) ...• #fldA., rn. J,v/A-Linda M. Tyer Mayor

No.

Ordered:

([itp of llitt~fidb MAS SAC H USE T T S

IN CITY COUNCIL

AN ORDER

AUTHORIZING THE CITY OF PITISFIELD TO ACCEPT A GRANT OF FUNDS FROM THE BERKSHIRE REGIONAL PLANNING COMMISSION

That the City of Pittsfield, by and through its Mayor and City Council, is hereby authorized to accept a grant of funds in the amount of Sixty Four Thousand Dollars ($64,000.00) from the Berkshire Regional Planning Commission and that said funds may be expended pursuant to Massachusetts General Laws, Chapter 44, section 53A, and in accordance to the provisions of the grant.

CITY OF PITTSFIELD

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

October 6, 2016

TO THE HONORABLE MAYOR:

Requested herein is your authorization to accept a grant of funds in the amount of $64,000 from the Berkshire Regional Planning Commission. These grant funds will be utilized to implement to the soil remediation plan for the collection of City owned parcels on Dewey Avenue which is the site of the proposed Westside Riverway Park.

Sincerely,

~j(a~t~ V~anis K. Akerstrom

Director

cc. City Accountant

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

BERKSHIRE REGIONAL PLANNING COMMISSION

J fENN STREET, SUITE 201, pnTSFIELD, MASSACHUSEITS (lI2a J

TELEPHONE (413) 442-]521 FAX (413) 442-1523

MassachuSetts Relay Service: ny: 771 Of ! .-800-439-2370

www.bcrkshireplanning,org

KYLE HANLON, Chair NATHANIEL W. KARNS, A.I.C.P. SHEILA IRVIN, Vice-Chair

MARIE RAFTERY, Clerk

CHARLES P. OGDEN, Treasu""

October 4,2016

Nate Joyner Department of Community Development City of Pittsfield 70 Allen Street Pittsfield, MA 01201

Re: Award Notification letter - BRPC Berkshire Brownfields Revolving loan fund Grant

Dear Me. Joyner,

Executive Director

On October 4, 2016, the Berkshire Brownfields Committee, a committee of the Berkshire Regional Planning Commission (BRPC), voted to grant to the City of Pittsfield an additional $64,000 to be spent on eligible and allowable costs under CERCLA 104 (k) and under the terms and conditions of BRPC's Brownfields Cleanup Revolving Loan Fund Grant (BF 97180401). The total award to the City has therefore increased from $253,424 to $317,424. The City of Pittsfield shall only use the grant funds for the cleanup of hazardous contamination at 169, 171, 173, 175, 185 and 187 Dewey Avenue in Pittsfield. Any funds not required for remediation at the aforementioned sites will be rolled back into the Berkshire Brownfields Cleanup Revolving Loan Fund.

BRPC will issue a notice to proceed following a formal amendment of the agreement between the City of Pittsfield and BRPC. We look forward to assisting you with the cleanup of this site.

Sincerely,

Executive Director

CITY OF PITTSFIELD

OFFICE OF THE CITY CLERK, CITY HALL, 70 ALLEN ST., PITTSFIELD, MA 01201 (413) 499-9361

October 4, 2016


Dear Councilors:

Submitted herewith for your consideration is an Order authorizing the issuance of the warrant for the State Election to be held on Tuesday, November 8, 2016 and an Order designating polling locations and hours for said election.


No. __ _

Ordered:

((itp of ~ttt5fttlb MASSACHUSETTS

IN CITY COUNCIL

AN ORDER

AUTHORIZING THE ISSUANCE OF WARRANTS FOR THE STATE ELECTION TO BE HELD NOVEMBER 8, 2016

That warrants or notice for meetings be issued in due form of law. notifying and warning the inhabitants of the City of Pittsfield qualified to vote, as the law directs, to meet in their respective polling places on Tuesday, the Eighth day of November, 2016, between the hours of 7:00 a.m. and 8:00 p.m. then and there to cast their votes in the State Election for the candidates for the following offices:

ELECTORS OF PRESIDENT AND VICE PRESIDENT ...... FOR THIS COMMONWEALTH

REPRESENTATIVE IN CONGRESS ..... .

COUNCILLOR .................. .

SENATOR IN GENERAL COURT ...... .

REPRESENTA TIVE IN GENERAL COURT.

REPRESENTATIVE IN GENERAL COURT.

. .... FOR THE FIRST DISTRICT

.... FOR THE EIGHTH DISTRICT

FOR THE BERKSHIRE, HAMPSHIRE FRANKLIN & HAMPDEN DISTRICT

. FOR THE SECOND BERKSHIRE DISTRICT

. FOR THE THIRD BERKSHIRE DISTRICT

SHERIFF. . . . . . . . . ..................... FOR BERKSHIRE COUNTY

And, to give in their votes for the following five questions in all wards of the City of Pittsfield:

QUESTION 1: LAW PROPOSED BY INITIATIVE PETITION Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives on or before May 3, 20161

SUMMARY This proposed law would allow the state Gaming Commission to issue one additional category 2 license, which would permit operation of a gaming establishment with no table games and not more than 1,250 slot machines. The proposed law would authorize the Commission to request applications for the additional license to be granted to a gaming establishment located on property that is (i) at least four acres in size; (ii) adjacent to and within 1,500 feet of a race track, including the track's additional facilities, such as the track, grounds, paddocks, barns, auditorium, amphitheatre, and bleachers; (iii) where a horse racing meeting may physically be held; (iv) where a horse racing meeting shall have been hosted; and (v) not separated from the race track by a highway or railway.

A VES VOTE would permit the state Gaming Commission to license one additional slot-machine gaming establishment at a location that meets certain conditions specified in the law.

A NO VOTE would make no change in current laws regarding gaming.

No, __ _

Ordered:

«itp of ~itt1)Hdb MAS SAC H USE T T S

IN CITY COUNCIL

AN ORDER


(Page 2 of 5)

QUESTION 2: LAW PROPOSED BY INITIATIVE PETITION Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives on or before May 3, 2016?

SUMMARY This proposed law would allow the state Board of Elementary and Secondary Education to approve up to 12 new charter schools or enrollment expansions in existing charter schools each year. Approvals under this law could expand statewide charter school enrollment by up to 1% of the total statewide public school enrollment each year. New charters and enrollment expansions approved under this law would be exempt from existing limits on the number of charter schools, the number of students enrolled in them, and the amount of local school districts' spending allocated to them.

If the Board received more than 12 applications in a single year from qualified applicants, then the proposed law would require it to give priority to proposed charter schools or enrollment expansions in districts where student performance on statewide assessments is in the bottom 25% of all districts in the previous two years and where demonstrated parent demand for additional public school options is greatest.

New charter schools and enrollment expansions approved under this proposed law would be subject to the same approval standards as other charter schools, and to recruitment, retention, and multilingual outreach requirements that currently apply to some charter schools. Schools authorized under this law would be subject to annual performance reviews according to standards established by the Board.

The proposed law would take effect on January 1,2017.

A YES VOTE would allow for up to 12 approvals each year of either new charter schools or expanded enrollments in existing charter schools, but not to exceed 1% of the statewide public school enrollment.

A NO VOTE would make no change in current laws relative to charter schools.


SUMMARY This proposed law would prohibit any farm owner or operator from knowingly confining any breeding pig, calf raised for veal, or egg-laying hen in a way that prevents the animal from lying down, standing up, fully extending its limbs, or turning around freely. The proposed law would also prohibit any business owner or operator in Massachusetts from selling whole eggs intended for human consumption or any uncooked cut of veal or pork if the business owner or operator knows or should know that the hen, breeding pig, or veal calftbat produced these products was confined in a manner prohibited by the proposed law. The proposed law would exempt sales of food products that combine veal or pork with other products, including soups, sandwiches, pizzas, hotdogs, or similar processed or prepared food items.

No. __ _

Ordered:

({itp of t)ittsftdb MASSACHUSETTS

IN CITY COUNCIL

AN ORDER


(Page 3 ofS)

The proposed law's confinement prohibitions would not apply during transportation; state and county fair exhibitions; 4-H programs; slaughter in compliance with applicable laws and regulations; medical research; veterinary exams, testing, treatment and operation if performed under the direct supervision of a licensed veterinarian; five days prior to a pregnant pig's expected date of giving birth; any day that pig is nursing piglets; and for temporary periods for animal husbandry purposes not to exceed six hours in any twenty-four hour period.

The proposed law would create a civil penalty of up to $1,000 for each violation and would give the Attorney General the exclusive authority to enforce the law, and to issue regulations to implement it. As a defense to enforcement proceedings, the proposed law would allow a business owner or operator to rely in good faith upon a written certification or guarantee of compliance by a supplier.

The proposed law would be in addition to any other animal welfare laws and would not prohibit stricter local laws.

The proposed law would take effect on January 1,2022. The proposed law states that if any of its parts were declared invalid, the other parts would stay in effect.

A YES VOTE would prohibit any confinement of pigs, calves, and hens that prevents them from lying down, standing up, fully extending their limbs, or turning around freely.

A NO VOTE would make no change in current laws relative to the keeping of farm animals.


SUMMARY The proposed law would permit the possession, use, distribution, and cultivation of marijuana in limited amounts by persons age 21 and older and would remove criminal penalties for such activities. It would provide for the regulation of commerce in marijuana, marijuana accessories, and marijuana products and for the taxation of proceeds from sales of these items.

The proposed law would authorize persons at least 21 years old to possess up to one ounce of marijuana outside of their residences; possess up to ten ounces of marijuana inside their residences; grow up to six marijuana plants in their residences; give one ounce or less of marijuana to a person at least 21 years old without payment; possess, produce or transfer hemp; or make or transfer items related to marijuana use, storage, cultivation, or processing.

The measure would create a Cannabis Control Commission of three members appointed by the state Treasurer which would generally administer the law governing marijuana use and distribution, promulgate regulations, and be responsible for the licensing of marijuana commercial establishments. The proposed law would also create a Cannabis Advisory Board of fifteen members appointed by the Governor. The Cannabis Control Commission would adopt regulations governing licensing qualifications; security; record keeping; health and safety standards; packaging and labeling; testing; advertising and displays;

No, __ _

Ordered:

<tup of tlitt~fidb MAS SAC H USE T T S

IN CITY COUNCIL

AN ORDER

AUTHORIZING THE ISSUANCE OF WARRANTS FOR THE STATE ELECTION TO BE HELD NOVEMBER 8, 20]6

(Page 4 ofS)

required inspections; and such other matters as the Commission considers appropriate. The records of the Commission would be public records.

The proposed law would authorize cities and towns to adopt reasonable restrictions on the time, place, and manner of operating marijuana businesses and to limit the number of marijuana establishments in their communities. A city or town could hold a local vote to determine whether to permit the selling of marijuana and marijuana products for consumption on the premises at commercial establishments.

The proceeds of retail sales of marijuana and marijuana products would be subject to the state sales tax and an additional excise tax of3.75%. A city or town could impose a separate tax of up to 2%. Revenue received from the additional state excise tax or from license application fees and civil penalties for violations of this law would be deposited in a Marijuana Regulation Fund and would be used subject to appropriation for administration ofthe proposed law.

Marijuana-related activities authorized under this proposed law could not be a basis for adverse orders in child welfare cases absent clear and convincing evidence that such activities had created an unreasonable danger to the safety of a minor child.

The proposed law would not affect existing law regarding medical marijuana treatment centers or the operation of motor vehicles while under the influence. It would permit property owners to prohibit the use, sale, or production of marijuana on their premises (with an exception that landlords cannot prohibit consumption by tenants of marijuana by means other than by smoking); and would permit employers to prohibit the consumption of marijuana by employees in the workplace. State and local governments could continue to restrict uses in public buildings or at or near schools. Supplying marijuana to persons under age 21 would be unlawful.

The proposed law would take effect on December IS, 2016.

A YES VOTE would allow persons 21 and older to possess, use, and transfer marijuana and products containing marijuana concentrate (including edible products) and to cultivate marijuana, all in limited amounts, and would provide for the regulation and taxation of commercial sale of marijuana and marijuana products.

A NO VOTE would make no change in current laws relative to marijuana.

QUESTIONS

Shall the City of Pittsfield accept sections 3 to 7, inclusive of chapter 44B of the General Laws, as approved by its legislative body, a summary of which appears below?

SUMMARY

Sections 3 to 7 of Chapter 44B of the General Laws of Massachusetts, also known as the Community Preservation Act (Act), establishes a dedicated funding source to enable cities and towns to (I) acquire open space, which includes land for park and recreational uses and the protection of public drinking water well fields, aquifers and recharge areas, wetlands, farn1 land, lurests, marshes, beaches, scenic areas, wildlife preserves and other conservation areas, (2) acquire and restore historic buildings and sites, and (3) create affordable housing.

No. __ _

Ordered:

(!Cit!' of ~itt~fidb MASSACHUSETTS

IN CITY COUNCIL

AN ORDER

AUTHORIZING THE ISSUANCE OF WARRANTS FOR THE STATE ELECTION TO BE HELD NOVEMBER 8,2016

(page 50f5)

In the City of Pittsfield, the funding source for these community preservation purposes will be a surcharge of I % on the annual property tax assessed on real property and annual distributions made by the state from a trust fund created by the Act.

If approved, the following will be exempt from the surcharge: (I) property owned and occupied as a domicile by any person who qualifies for low income housing or low or moderate income senior housing in the City, as defined in Section 2 of said Act; (2) $100,000 of the value of each taxable parcel of residential real property; (3) $100,000 of the value of each taxable parcel of class three, commercial property, and class four, industrial property as defined in section 2A of said chapter 59,

A Community Preservation Committee will be established by ordinance to study community preservation resources, possibilities and needs and to make annual recommendations to the City Council on spending the funds. At least 10% of the funds for each fiscal year will be spent or reserved for later spending on each ofthe Act's three community preservation purposes: (I) open space, (2) historic resources and (3) affordable housing.

No. __ _

(:itp of ~ttt~fidb MAS SAC H USE T T S

IN CITY COUNCIL

AN ORDER

DESIGNATING POLLING PLACES AND THE HOURS DURING WHICH THE POLLS SHALL BE OPEN FOR THE STATE ELECTION

TO BE HELD NOVEMBER 8, 2016

Ordered:

SECTION 1: That the following locations be, and the same hereby are, designated as precinct polling places for the state election to be held on the Eighth day of November, 2016:

Ward 1, Precinct A Ward I, Precinct B

Ward 2, Precinct A Ward 2, Precinct B






Ordered further:

Reid Middle School, 950 North Street Reid Middle School, 950 North Street

Morningside Community School, 100 Burbank Street Somerset Fire Station, 9 Somerset Avenue

Providence Court, 379 East Street Egremont School, 84 Egremont A venue

Herberg Middle School, 501 Pomeroy Avenue Williams School, 50 Bushey Road

Pittsfield Library, One Wendell Avenue Pittsfield Library, One Wendell Avenue

Columbus Arms Housing, 65 Columbus Ave. Silvio O. Conte Community School, 200 West Union St.

Fire Station, 54 Pecks Road Capeless Elementary School, 86 Brooks Avenue

SECTION 2. In each of the foregoing polling places. the polls shall be opened at 7:00 a.m. and shall be closed at 8:00 p.m. on the Eighth day of November. 2016.

CC 1

(!Cit!' of ~itt~ftdb

October 4 16 _______ 20

To the City Council of the City of Pittsfield:-

The undersigned respectfully

Requests that the Speed Limit on Springside Avenue between Grove Street and North Street be reduced

to 25 mph.


Lisa Tully

City Councilor - ward~

~L~~ /'

Kevin J. Morandi

City Councilor - Ward 2

CCI

(:ttp of ~itt5fidb


OCT-ohett 4 ________________ 20 Ib

OctoW jfndersigned respe'1/,ully

Requests that 25 mph Speed Limit signs be installed on Kellogg Street.


l..

Kevin J. Morandi


CCI

~itp of ~itt5'ftdb

October 4 16 _______ 20

To the City Council of the City of Pitlsfield:-


Requests the restoring of a Loading Zone in front of 656 North Street.


Kevin J. Morandi


CC 1

<!Citp of ~itt5fidb

_____ O_c_to_b_e_r5~, ______ 2016 __ _



requests that the City Council pass a Resolution in opposition to Question 2 on the statewide ballot on November 8,2016 on the issue of raising the cap on the number of charter schools in the Commonwealth.

Respectful itted,

~V-ohn M. Krol, Jr.

Ward 6 Councilor

Kathleen A. Amuso Councilor at Large

~~~ Peter T. White

Councilor at Large

No.

(!Citp of ~itt~fidb MAS SAC H USE T T S

IN CITY COUNCIL

AN ORDER

IN OPPOSITION TO QUESTION 2 ON THE STATEWIDE BALLOT ON NOVEMBER 8, 2016 ON THE ISSUE OF RAISING THE CAP ON

THE NUMBER OF CHARTER SCHOOLS IN THE COMMONWEALTH

Ordered:

WHEREAS, free public schools available to all students regardless of income. ability, need or English language proficiency are foundational to our democracy; and

WHEREAS. all of our students deserve high-quality public schools that teach the whole child. providing enrichment and addressing social and emotional needs in addition to core academic subjects; and

WHEREAS, local accountability for our public schools is neccssary to ensure that schools are responsive to the needs of their communities; and

WHEREAS, Pittsfield Public Schools is losing approximately $2 million to Commonwealth chalier schools. and public school districts across the state are losing more than $450 million this year alone --- a loss of funds that is undermining the ability of districts to provide all students with the educational services to which they are entitled; and

WHEREAS. Commonwealth charter schools are often approved over the objections of a majority of community residents and their elected officials and are not accountable to local elected onicials once they are approved; and

WHEREAS, Commonwealth charter schools often filii to serve the same proportion of special needs students, low-income students and English language learners as thc districts from which they receive students and often use high suspension rates to drive out students they don't want to serve; and

WHEREAS, the Commonwealth charter school system is creating separate and unequal opportunities for success; and

WHEREAS, lifting the cap on charter schools would greatly worsen the problems listed above and lead to a costly and divisive two-track school system;

THEREFORE. he it resolved that the Pittsfield City Council opposes lifting the cap on Commonwealth charter schools and stands against Question 2 on the November 2016 ballot.

CC 29

QIitll of JIiUsficIb

Octobr.er5,.20t6 ..


The Committee on

to whom was referred the

COMMUNITY AND ECONOMIC DEVELOPMENT

Communication from Mayor Tyer submitting an Order authorizing the City of Pittsfield to approve an allocation of funds in the amount of $562,000 from the Pittsfield Eonomic Development Fund for Covanta Pittsfield, LLC

having considered the same, report and rt'comn1cnd that the Order be approved.

Voted 4-1 with Councilor Mazzeo opposed.

No. __ _

«Up of ~ttt15ftdb MASSACHUSETTS

IN CITY COUNCIL

AN ORDER

AUTHORIZING THE CITY OF PITTSFIELD TO APPROVE AN AMOUNT UP TO $562,000 FROM THE PITTSFIELD ECONOMIC DEVELOPMENT FUND FOR COV ANT A

PITTSFIELD, LLC. Ordered:

That the City of Pittsfield is hereby authorized to make an allocation up to $562,000 from the Pittsfield Economic Development Funds to be used for Covanta Pittsfield, LLC.

Linda M. Tyer Mayor



September 23,2016


Dear Councilors,

As you are aware, Covanta Pittsfield, LLC, announced the planned closing of its facility in spring 2017. In the wake of this news, the city has been working toward a viable solution to maintain the facility's operation. Pursuant to this effort, I am respectfully submitting for your consideration a request for economic development funding in the amount of $562,000 for Covanta to establish a Recycling Consolidation Enclosure and incorporate upgrades to its Fossil Fuel Boiler, which will facilitate continuing operations for the next four years.

The waste facility that Covanta utilizes has been an operating staple in Pittsfield since 1981: Covanta has been providing waste-to-energy services to Pittsfield since 2007. In recent years, high operating costs have made it economically unfeasible to run the facility, thus prompting the closure announcement. Such a closure would lead to higher costs for taxpayers for the outsourcing of waste, less city revenue, and also negatively impact local businesses, Crane Currency and Neenah Technologies, both of which rely on Covanta's steam for their manufacturing operations. The requested funding will allow Covanta to incorporate necessary upgrades to the facility, one of which includes a mandate from the Department of Environmental Protection (DEP). The funds represent one-third of a strategic partnership that must work in concert for Covanta to continue operations. The other two elements include a renegotiated four-year agreement with Crane for the purchase of steam, which has been reached, and energy credits available through the amended energy bill, for which Senator Downing advocated and Governor Baker signed this summer.

It has been determined that if Covanta were to close, the city would stand to lose nearly $900,000 a year, a figure which reflects the lost revenue and the increased expenses incurred for outsourcing waste, far outweighing the city's capital investment. It is our position that providing city funding to continue operations at Covanta is both economically and financially sound.

Please refer this request and the attached supporting documents to the Committee on Economic Development.

Thank you for your consideration of this matter.

"9;;;; ~m;; ~ Linda M. Tyer t Mayor

CITY OF PITTSFIELD


September 20,2016

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

Dear Mayor Tyer:

Submitted herewith for your consideration is an Order requesting approval of up to $562,000 from the Pittsfield Economic Development Fund for Covanta Pittsfield, LLC.

JKAJdac

Attachment

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

CITY OF PITTSFIELD


TO:

FROM:

DATE:

City Council Mayor Tyer

MEMORANDUM

Janis K. Akerstrom, Directo(Jtt~ September 20, 2016

SUBJECT: Covanta Pittsfield, llC - Pittsfield Economic Development Fund Request

The purpose of this memorandum is to provide information and documentation to the City Council in support of the Mayor's request for economic development funding for Covanta Pittsfield, llC.

The establishment of a Recycling Consolidation Enclosure and Fossil Fuel Boiler Upgrades will ensure that the energy from the waste facility remains economically viable in the City of Pittsfield, thereby:

1. Retaining 25 jobs currently positioned at Covanta that contribute to the Pittsfield economy; 2. Ensuring the continued delivery of steam to local companies employing over 400 people

adjacent to the Pittsfield facility; 3. Avoiding the impact of a new city expense of approximately $462,000 per year to truck

waste and recycling to Springfield, MA and New York; 4. Preventing the additional costs to the city for police transports to Springfield for

environmentally-safe disposal of prescription medications.

The waste facility itself has been an operating staple in Pittsfield since 1981. Covanta Pittsfield, llC has been providing waste-to -energy services to Pittsfield since 2007, after purchasing the facility from Energy Answers (EA), who bought the facility from Vicon in 1994. In recent years, high operating costs have made it economically unfeasible to run the facility, and Covanta announced imminent closure slated for 2017.

Through the vigorous support of legislators, including that of Sen. Ben Downing and the city, the Governor recently signed an amendment to an existing energy bill to include "efficient steam technologies" as eligible for energy credits, which will offer Covanta some economic relief. But upgrades are needed to the facility, and with city assistance, the company will be able address these needs, returning to an economically viable operation.

1

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

As such, Covanta is requesting funding from the City of Pittsfield for two improvements identified below:

Recycling Consolidation Enclosure Recyclables are collected curbside in Pittsfield and delivered to the facility. There they consolidate all of the recyclables into trailers for delivery to the Materials Recovery Facility located in Springfield. This consolidation reduces the necessity of driving local delivery trucks individually to Springfield and reduces the costs of collection and transportation ofthe city's recyclables. Covanta also manages construction and demolition debris to accommodate residents and contractor disposal of their materials.

The Department of Environmental Protection reviews operations of waste facilities and recently indicated that if Covanta was to continue operations at the facility, it would require the construction of an enclosure over consolidated recycling. (Condition 9, Section II of Renewal of Authorization to Operate- Permit Approval). The enclosure would protect the recyclables from exposure to the weather, helping to ensure the integrity of the materials. Additionally, the enclosure would reduce the potential for wind-blown litter, preventing errant paper and containers from scattering on neighboring property, a benefit to the overall aesthetics of the area.

Recycling Consolidation Enclosure:

• Design/Permitting

• Metal Structure Supply

• Structure Installation

• Lighting/Electrical

Fossil Fuel Boiler Upgrades

$25,000

$175,000

$48,000

$25,000

The Pittsfield Energy from Waste Facility has a backup (a fossil fuel boiler) to the municipal waste combustors that produce steam. This auxiliary boiler is part of the original facility equipment from 1981. Due to the high availability of the steam through the energy-to-waste operation, the boiler has seen little use in the last 35 years. As the facility's operations are slated to move ahead, it is essential to address the deteriorated condition of the auxiliary boiler, which is in need of upgrades to the control systems, valves and appurtenances. These upgrades will enable the boiler to run off natural gas which will increase its efficiency and decrease overall emission in the event it is called upon to operate. This upgrade will also decrease the probability that Crane will need to operate their less efficient boilers in the event that the energy to waste facility is unavailable to produce steam.

Fossil Fuel Boiler Upgrade:

• Refurbish/Upgrade Boiler

• Instrumentation/Valve Repair

$269,000

$20,000

Relationship to City's Overall Economic and Community Development Goals The applicant has estimated that $562,000 will be the cost for the improvements to the facility, which if granted, will enable Covanta to apply existing revenues and future investment to continued operations at this location. These funds are being requested from the Pittsfield Economic Development Fund, in keeping with the city's overall economic and community development goals and objectives of supporting businesses that are deemed to have a significant positive impact on the city's economy, in retaining jobs and manufacturing innovation.

2

Public Benefits and Eligibility Criteria

Employment Impacts

This investment will result in the retention of at least 25 jobs (4 additional positions remaining vacant) with Covanta. As identified under the funding guidelines, Covanta will have retained almost 9 more jobs than needed at $35,000 per position. Wages and benefits for those employees exceed $3,000,000 annually. These are residents of Pittsfield and surrounding communities that support the local economy through local spending. The Pittsfield Energy from Waste Facility is run by a Facility Manager and an Operations and Maintenance (O&M) Manager. There are 4 Operations shifts each consisting of a Shift Supervisor, a Control Room Operator, a Plant Operator and a Heavy Equipment Operator. They have a Maintenance Group which consists of 6 Mechanics, an Instrumentation and Controls Technician, and an Electrician. Other positions that staff the facility include: a Storekeeper, a Recycling Coordinator who manages the Residential Drop-off Area, and a Weighmaster who runs the scale. They also employee a Part-Time Janitor and a part-time Scale House Attendant. In addition, Covanta Pittsfield shares resources with other Covanta Facilities including: Environmental Engineer, Safety Coordinator, Business Manager, Accountant, and Buyer.

Full-Time and Part-Time Positions include:

29 Full-Time Positions: 1 Facility Manager 1 O&M Manager 4 Shift Supervisors 4 Control Room Operators 4 Plant Operators 4 Heavy Equipment Operators 6 Mechanics 1 Instrumentation and Controls Technician 1 Electrician 1 Storekeeper 1 Recycling Coordinator 1 Weighmaster

2 Part-time Positions: 1 Janitor 1 Scale House Attendant

Economic Impacts - Crane and Neenah Companies

This investment would also prevent a negative financial impact to associated businesses. Crane and Company and Neenah Technical Materials, which employ 400 employees combined, rely heavily on Covanta's steam for their company operations. For Crane, which has supplied the United States Treasury with its currency paper since 1879, Covanta's steam power accounts for 70 percent of its energy needs, bypassing the usage of fossil fuels. In the absence of a feasible alternative, Neenah, which employs more than 100 people would be faced with a nearly $1 million investment to replace its steam supply - an undue hardship for a local, mid-sized business.

3

Financial Impacts to the City of Pittsfield

By investing in the operations at the Covanta facility, the city will facilitate a continuation of waste hauling services without incurring necessary increased costs to residents if the company was to outsource waste disposal to other facilities. In the event that Covanta did cease operations in Pittsfield, the city would need to redirect trash loads out of the area to one or more of the limited number of facilities available. A cost estimate from the city's current waste hauler on delivery of Pittsfield waste to the Covanta's transfer station in New York and recycling to Springfield is estimated at $462,000 per year. The redirect would result in the need for additional routes, vehicles, personnel and maintenance costs, and would also add to an increase in C02e emissions for the transport. The latter consequence is ironic as Covanta's technology is about reducing greenhouse gases through its combustion process, avoiding the use of fossil fuel.

Lastly, Covanta is the only local entity that provides cost-free, environmentally safe destruction of prescription drugs that are turned over to Pittsfield health agencies. This free service prevents possible illegal reclamation and diversion to street drug use, adding to local drug abuse problems. Currently, Pittsfield police transport these collected opioids to the Covanta facility under guard. The alternative would be the transportation of the drugs to a designated Springfield location, incurring large costs to the police department in travel as well as loss of police coverage locally during these transports.

Projected City Revenues

As Covanta continues to operate, a four-year projection of fees and taxes to be collected by the city is identified below. Covanta is in good standing with the city on taxes, licenses, and fees.

FISCAL REAL ESTATE TOTAL FOR YEAR PPVALUE TAX RATE PPTAX REAL ESTATE TAX RATE TAXE YEAR

2017 S 14,730.00 0.039016 S 574.70 S 430,000.00 0.039016 S 16,776.67 $ 17,351.36

2018 S 14,730.00 0.039991 S 589.07 S 430,000.00 0.039991 S 17,196.08 $ 17,785.15

2019 S 14,730.00 0.040991 S 603.79 S 430,000.00 0.040991 S 17,625.98 $ 18,229.78

2020 S 14,730.00 0.042015 S 618.89 S 430,000.00 0.042015 S 18,066.63 ~ 18,685.52

4 year total $ 72,051.81

FISCAL TOTAL FOR YEAR WATER SEWER YEAR 2017 S 133,700 S 30,000 $163,700

2018 S 137,100 S 30,800 $167,900

2019 S 140,500 S 31,500 $172,000

2020 S 144,000 S 32,300 ~ 176,300

4 year total $ 679.900

Additionally, Covanta has paid more than $240,000 annually in host community fees to the City of Pittsfield, bringing a four-year estimate to $960,000.

4

In conclusion, with the closure of Covanta, the city will be facing the following budgetary impacts:

LOST REVENUE: $1,711,951 (taxes and fees) ADDITIONAL EXPENSE: $1.848,000 (outsourcing costs) TOTAL LOSS ($3,559,951) over the next four years (or $889,987 loss annually),

Proposed Disbursement Schedule and Monitoring

The Pittsfield Economic Development funding would be secured by a grant agreement with a fund recovery provision based on continuing performance of job retention and facility operations at the Pittsfield location for a pre-determined period of time. The conditions are:

1) For the funds provided, they would retain qualified positions at a staffing level of 25 jobs. 2) Remain in operations for at least 4 years at the Pittsfield location. If they were to relocate out of

the community before that time, the grant would be repaid proportionally based on the time period in Pittsfield (eg: only 2 years in Pittsfield, they would be obligated to return two years or 1/2 of the grant amount).

Below is a fund recovery schedule based on an annual proportional rate:

Departure Year

Year 1

Year2

Year 3

Year4

Year 5

Recovery Rate/$ Amount

100%/$562,000

75%/$421,500

50%/$281,000

25%/$140,500

0%/$ -0-

The disbursement of funds to Covanta would occur on a reimbursement basis through the submittal to the City of invoices and any supporting documentation for the materials and costs incurred for the project. Reporting on the number of jobs retained and other project information would be submitted to the City on a quarterly basis for the length of the commitment for monitoring purposes.

Closing

As indicated, the city's investment in Covanta accomplishes many purposes. Through this funding, the city will be to maintain crucial services and avoid increased costs for the people of Pittsfield, as well as support the retention of employees at several local businesses. Lastly, the city stands to lose $889,987 annually, which incorporates the lost revenue plus the expense for outsourcing, which far outweighs the city's investment of $562,000. It is our position that providing city funding to help continue operations of Covanta is both financially sound and advantageous in the long-term.

5

Pittsfield Economic Development Fund Funding Request Guidelines

All requests for funding submitted to the Council by the Mayor shall include the following infonnation: • A detailed description of the business/organization requesting the funds • A detailed business plan outlining the proposed use for the funds being requested • All relevant fmancial infonnation that supports both the request for the funds and demonstrates the

financial ability of the applicant to undertake the proposed project • A narrative drafted by the Director of Community Development as to the project's public benefit, its

relationship to the City's overall economic/community development goals and objectives, and the manner in which it meets all other eligibility criteria set forth in this Rule. The Director's narrative shall also include a proposed disbursement schedule for the funds and a description of the manner in which the Department will monitor the use of the funds.

• A detailed and itemized breakdown by the business/organization of projected property tax revenues, water and sewer fees and any other revenues to the City that could be foreseen for the next five years

Eligibility guidelines:

I) The City Council will evaluate projects based on each of the following criteria: • Jobs to be created and/or maintained

i. Quality of jobs, including pay scale and how supportive they are of growing sectors of the economy which have been targeted for growth for plans and studies

11. Quantity of jobs iii. Duration of the jobs IV. How well the jobs created match the skills of the labor force in the state desiguated

Economic Target Area

• The following general standard will be used: One (I) full-time equivalent job per $35,000 granted. Exceptions to this guideline may be allowed if there is:

1. A significant investment being made by the project proponent, as defined below, and/or

ii. An exceptionally large number of jobs created, andlor m. An overriding public benefit resulting from the project

• Investment by the project proponent: i. Amount of and source(s) of investment;

ii. The strategic importance of the investment as it relates to other economic development goals

• Leveraging potential of the project: i. Investment by other businesses that may occur as a result of the project

• Public benefit resulting from the project

• Current status of taxes, licenses and fees due the city: i. The degree to which project proponents may be delinquent in payments to the City

for any taxes, licenses or fees

II) The project approval process includes the following steps: • All funding requests will be referred to the Council's Committee of Community and Economic

Development for review; • Upon review by the Committee, recommendations will be made to the full Council for its

approval

Ill) Approval by the Council will require a two-thirds vote of its members.

COVANTA CovatH" Pittsfield, LLr, 500 /fub/)arri A V(}n/l(J

Pi/lsfifJ/d, MA 01;;0/

September 8, 2016 o ~©lEnv~ -;:.-, "\ SEP 11 2016 ~ The Honorable linda M. Tyer

Mayor of Pittsfield Massachusetts City Hall 70 Allen Street Pittsfield, MA 01201

RE: Pittsfield Economic Development Fund Request

Dear Mayor Tyer:

LVf-<

We appreciate your continued support of the Pittsfield Energy from Waste Facility. As you know, our facility has been in operation in Pittsfield since 1981. For over 3S years, we have converted approximately 84,000 tons of waste annually into steam which we deliver to our neighbors, Crane and Company and Neenah Technical Materials. These companies use that steam in their processes as well as for heating their facilities. For every ton of waste that we process, these companies avoid using a barrel of oil to generate their own steam and thereby reduce the generation of Greenhouse Gases.

Recently, high operating costs and the small size of the facility have made it increasingly difficult to run the plant economically. Fortunately, with the support of the City and local legislators, the Governor of Massachusetts has signed a bill that may offer some relief for our Facility in the form of credits for the renewable energy that we generate. While these credits will provide some economic incentive for us to continue to operate the facility, there are additional upgrades that need to be completed and we are seeking some financial support from the City for two of these improvements as described below.

Recycling Consolidation Enclosure: Recyclables are collected curbside in Pittsfield and delivered to our Facility. At our Facility, we consolidate all of the recyclables into trailers for delivery to the Materials Recovery Facility located in Springfield, MA. This consolidation reduces the necessity of driving many local collection trucks all the way to Springfield rather than keeping them in the City collecting the recyclables. Having this Facility in the City reduces the overall cost of collection/transportation of the City's recyciables. We also manage Construction and Demolition debris in this area so residents and local contractors have an outlet for disposal of their materials.

';;;;.,!

The Honorable Linda M. Tyer Mayor of Pittsfield

Page 2

The Massachusetts Department of Environmental Protection has indicated that if the Facility is to continue to operate they will require the construction of an enclosure over the consolidation area. This enclosure will serve to reduce the potential for wind-blown litter in the area, protect the recyclables from exposure to the weather, and improve the aesthetics of the area.

Fossil Fuel Boiler Upgrades: The Pittsfield Energy from Waste Facility has a backup to the Municipal Waste Combustors that produce steam, namely a fossil fuel boiler. This boiler dates back to the original construction of the Facility in 1981 and burns fuel oil when it runs. Since the Energy from Waste Facility has been able to maintain very high availability (i.e. very limited time not available to produce steam for the customers), the backup fossil fuel boiler has seen very limited operation in the last 35 years and is in need of refurbishment and upgrades to the control systems, valves and appurtenances. By upgrading the boiler, the unit can be designed to run off natural gas which will increase its efficiency and decrease overall emissions in the event it is called upon to operate. This upgrade will decrease the probability that Crane will need to operate their less efficient boilers in the event the Energy from Waste Facility is unavailable to produce steam.

The funding for the two projects for which Covanta is seeking support from the City of Pittsfield totals approximately $562,000. This funding will help ensure that the Energy from Waste Facility remains economically viable in the City of Pittsfield which in turn will provide the City with numerous environmental and economic benefits, including:

• Reduction of Greenhouse Gases - for each ton of waste that is combusted, one ton of CO,e is reduced as the combustion of one barrel of fuel is avoided.

• Job Preservation - the Energy from Waste Facility employees more than 25 full time positions within the City of Pittsfield. Wages and Benefits for those employees exceed $3,000,000 annually.

• Energy Production for local Businesses - the Energy from Waste Facility provides steam to Crane and Company and Neenah Technical Materials who employee over 400 people on properties adjacent to the Pittsfield Facility.

• Integral Component of Pittsfield's Waste Disposal Practices - The Energy from Waste Facility provides an environmentally conscious alternative to Hauling Pittsfield's trash and recyclables long distances for disposal, further reducing the potential for extra vehicles miles and Greenhouse Gas Generation as well as reducing the overall cost of disposal for the City. The Facility also provides the community with a local outlet to recycle and dispose of the residents' recyclables and trash at the Residential Drop-Off Area.

• Direct Economic Benefits to the City -The Energy from Waste Facility provides the City with over $400,000 of annual economic benefits:

o Host Community Fees of over $240,000 per year o Water Usage Fees of over $120,000 per year

The Honorable Linda M. Tyer Mayor of Pittsfield

o Sewer Fees of over $28,000 per year o Property Taxes of over $16,000 per year

Page 3

We appreciate the willingness of the City to work with Covanta so that we can continue to operate a financially viable operation within the City of Pittsfield. If you have any questions or comments or need additional information, please do not hesitate to contact me at (508) 291-4409 or at [email protected].

Sincerely,

Kenneth W. Ryan Business Manager

cc: Tom lyons, Area Vice President, General Manager

385A Dunslable Rd. Tyngsboro, MA 01879 Ph: 978·226·9359 Fx: 978·649·3408 www.republicservlces.com

June 28, 2016

Bruce Collingwood, P.E. "Commissioner of Public Utilities City of Pittsfield 70 Allen Street Pittsfield, MA 02021

Dear Bruce,

This is our follow up to your request for Republic Services to provide a rough worst case estimate forthe costs of the CIty's trash and recycling loads being redirected from Covanta'seCO plant in Pittsfield, MA. We have quantified the impacts of the City's trash loads to be redirected to Covanta's B3 Transfer StatioD in . recycling loads to be redirected to th~ Springfield, MA MRF effectiv priJ 1, 2017)t $462,000 per year. The cost to transport the City's loads outside of the CitY to both of these locations is significant; the redirect results in additional Routes, Vehicles, Driver, Helper, Route Hours, Fuel & Oil, Truck Repair and Maintenance Costs, and Truck license and Insurance Costs over the last 15 months of our contract term.

Republic has been the City's waste and recycling service provider since 1993; we have a long and consistent track record of working with the City to overcome challenges and to achieve the goals of the City. We have consistently delivered on our commitments to service excellence and community partnership with the City .

. As we discussed, Republic Services appreciates this opportunity to work with the City to identify alternative disposal and collection cost options to offset the significant cost challenge the City is facing with the fCO plant closing. We are assessing alternative equipment, disposal and transload locations, and waste diversion collection methods that will offer the City cost effective solutions for the long term to assist in overcoming this challenge. We will also share with you the impact of PAYT and cart conversions from other Towns we service to assist in the City's evaluation of collection options.

We look forward to having the opportunity to meet with you to further discuss how Republic can work in partnership with the City to overcome these challenges.

Please contact me with any questions and let me know when we can meet to discuss. We are available at your convenience.

~-.~ ~! ~ ... c _____ _

Municipal Services Manager Republic Services, Inc

385A Dunstable Road Tyngsboro, MA 01879 0: 978 226-9414 C:508 726-7270 [email protected]

cc: D. Bolesky

Colonial Theatre

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Colonial Theatre

WorksllopLive

Barrington Stage Co.

Beacon Cinema· 1

Beacon Cinema - 2

Beacon Cinema - Bridge

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PITTSFIELD ECONOMIC DEVELOPMENT FUND HISTORY

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""

911512004

Grant Funding (G) or Oraw Amount Loan ILl Schedule f><lrfomumce

$100,000

S420,OOO G

$1,000,000 G Upon completion of

250,000 conslrnction drawings Upon issuance 01 COO for

250,000 Annex Bldg Upon completion of structural

250,000 modiflCa~ons

Oisbursement II Projected $s Oisbursed Jobs Jobs

1114/2005

If14105

1114105

""","'M .. S 111'1'

G

1119104 $750,000 G

8/11106 $500,000 G

(DPL)

218.12005 and 1()12412()06 $1,000,000 L

5/27/08 $500,01)0

5127/08 $600,000

6 mo after Exec's relocate to 8erk Co & a lease is signed for

50,000 comm space In City 3 mo after cummulative total

50,000 of 30 empklyees hired 6 mo after cummulative lotal

200,000 of 50 employees 6 months after commutative

200,000 Iotat of 120 employees 6 mo after cummulative tolal

200,000 of 200 employees

Cap~al costs related 10 500,000 conslruction of balcony

1,000,000

3 FTE crealed between 911/06 - 12131/07 $SOOK in new c.ap~al raised between 911/06 - 12131107 50% of participants in youtll theater programs shall be C~y residents

501),1)1)0 Subordinated loan telTlls:

600,000

IIISl05

9113106

7131108

7131108

7131108 612/09 612111

"'"'

''0

"

Capital Investment Other

Illncentive \0 vehicle bat1ery manufacturer promising high numb~"?1 jobs; project did not succeed & seed funds

IIPlanning, interiordemol~ion & environmental clean-up in preparation for deveklpmenl

ipUrcl'lase of land for creation of public parl<;ing lot adjacent \0 Colonial Theatre

~"'~ ,~, restoration ami development oflhe theatre :' ~!~~ cunuml anchor resuHing in total lOvestment of

music lesson business at 1100 SC/Ulil H~,"~-" ..... ~, .. ~ started but failed so remaining gdlSbufSemenls were not made

S4,1I5(),OO~FTES Ind seasonals the city

Hs productions, 8 other events: U." ,,, ...... A_ .. Aft_

~Grants and loans lor Ihe development of a C/nerT\3 center

200,000-250,000 people in downlOWll Pittsfield 10 at1ract economic activity on nights year and weekends, resuMing in $20+ mdllon Investment

Copy of PittSfield ED Fund Summa!), Histo!), 1-2Q.16.xlsx

Dale 01 City

L Tl SlTI<lrt Glass 5127106

Amended ",roo

Amended 12113111

Hancock Shahr Village 5111110

tce River Springs 8/9111

Berkshire Innovation Ctr, 912114

912212016

PITISFIELD ECONOMIC DEVELOPMENT FUND HISTORY

Grant Funding (G) or

$350,000 G

$250.000 G

Draw

50,000 CoO for autoclave by

50,000 6/3012009

3 mcnths after reloca50n of 50 50,000 empklyees by 1213112009

3 mcnths after 60 employees 50,000 by 613012010

3 months after 70 er'llJlloyees 50,000 by 1213112010

3 months after 85 emplcyees 50,000· .~-.-~.~

Histcric PreserlVation Master 250.000 program

Elderlor restoration of Trustee's Office Building wlin 18 months

Demonstrate ~uired match for CuHurat FacilitieS Grant Create and retain 6 FTE jobs for5yea~

House Master's Program students In Pl\Isfoeld Use Pittsfield food service vendor for 5 yea"" Continue "Kids under 12 Free"

Up to 50% or $100,000: install temp, curiam & then replace

$275.000 G up to 100,000 cooling tOWflr by 113112012

$250,000 G

3 months after cumulative Iotal 75,000 of 30 employees by 913012011

3 months after cumulative total 30,000 of 40 employees by 913012015

3 months after cumulatiYe lolal

62,500 Demonstrate mel prior goals;

62,500 subm~ goals for nex! 6 mas Demonstrate met prior goals;

62,500 subm~ goals fornex! 6 mos Demonstrate met .

Disbursement Projected

12130108 '" 6129/W

3131110

9/30110

6124110 6

4/19f12 60

41'9fI2

10{3112

11120f14

,,15115

7/14115

II C.,;." I ~

Investment Other I

Iincentive to bring manufacturing facil~y to Pittsfield, to help w~h costs of development and noise control

Pittsfieklthat commft to job '16)105

million.

$5,252,876,83

Copy Of PittSfield EO Fund Summary History 1·20-16,xlsx

,

Commonwealth of Massachusetts Executive Office of Energy & Environmental Affairs

Department of Environmental Protection Western Regional Office. 436 Dwight Street, Springfield MA 01103 • 413-784-11 00

Charles 0: Baker Governor

Matthew A. Beaton Secretary

Karyn E. Polito lieutenant Governor

Covanta Pittsfield, LLC 500 Hubbard Avenue Pittsfield, MA 01201

JUN 22 2015 Attention: Michael Rathbun, Site Manager

RE: pittsfield-DSWM-Incinerator 500 Hubbard Avenue Renewal of Authorization to Operate Permit Approval 15-236-007 BWPSW06 Transmittal #X264118

THIS DOCUMENT REPRESENTS THE DEPARTMENT'S RENEWAL OF THE AUTHORIZATION TO OPERATE PERMIT ISSUED PURSUANT TO 310 CMR 19.033.

Dear Mr. Rousseau:

Martin Suuberg Commissioner

On December 31, 2014, the Massachusetts Department of Environmental Protection (the Department) received an application (the application) for the Renewal of the Authorization to Operate (ATO) permit for the pittsfield Resource Recovery Facility incinerator (the facility), located off Hubbard Avenue in Pittsfield, MA. The facility is owned and operated by Covanta Pitt.sfield, LLC (Covanta), which is a wholly-owned subsidiary of Covanta Energy, LLC. The application was prepared by Rick Meyer, Environmental Manager of Covanta, with assistance by Hill Engineers. The application form was signed by Kevin Rousseau, facility Site Manager, and was stamped and signed by Steven W. Melloni, Massachusetts-registered Professional Engineer (P.E.)#45883.

The application inCludes the following information documenting that the facility meets the requirements at 310 CMR 19.038(2) (a & b):

• The appropriate transmittal form, BWPSW06 applicatiop form, and permit fee;

• Text describing the ATO renewal, including descriptions of facility operations; and

• An updated facility site plan.

Air quality issues associated with the operation of the facility are

. ThIs information Is available In alternate format Call Michelle Wate~..e:kanem, DiversIty Director, at 617-292·5751. TTY# MassRelay Service 1-.800-439·2370 MassDEP WebSite: www.mass.gov/dep

~rlntad on Reoyeled Paper

Covanta Pittsfield, llC Incinerator 2 Authorization-to-Operate Penilit Renewal

re·gulated by the Department's Permitting Section; the current Air Quality Permit for the facility was issued by the Department on June 20, 2012. This ATO renewal for the facility regulates solid waste issues with the facility, i.e. incoming and outgoing wastestreams and recyclables.

The. Department hereby issues this Renewal of the Authorization to Operate permit for the facility.

SUMMARY OF ATO APPLICATION

Permitting History

The Pittsfield Board of Health issued a Site Assignment for the facility on May 17, 1979, and the facility received Massachusetts Environmental Policy Act (MEPA) approval on May 31, 1979. The Department issued an Amended Approval to Construct and Operate permit for the facility on June 4, 1980. The Department's Solid Waste section issued the. current Authorization to Operate (ATO) Renewal permit to the facility on March 25, 2005.

Solid Wastes Accepted

The faciJ..ity is permitted to accept and incinerate up to 84,000 tons of solid waste per year. The facility accepts solid waste deliveries Monday through Friday, 7:00 AM to 5:00 PM, and Saturday, 7:00 AM to Noon. The facility combusts solid waste continuously, 24 hours per day, throughout the year, except for a planned shutdown of approximately two weeks per yea+ for maintenance, when solid waste is transferred off-site for proper disposal.

Solid waste from the City of Pittsfield and commercial haulers is weighed on the. facility scale, whel:e the facility attendants record information in a computer database for each incoming load, including tonnage ·and hauler information. The facility operates a radioactivity detector and alarm at the scale to prohibit radioactive loads from entering the facility; the protocol for operation of the detector and handling any alarm situations is outlined in the facility's "Radioactive Waste Monitoring System - Alarm Response Plan", revised September 29, 2004.

Incoming solid waste loads are dumped either directly into the receiving pit or onto the tipping fldor, within the facility building. An overhead crane is used to mix and move solid waste in the pit,· and a front-end loader is used to move solid waste on the tipping floor and to load the solid waste into the combustors. The facility has three municipal waste combustors (MWCs), with two boilers and associated air quality control equipment.

In accordance with the Department's June 20, Air Quality Permit and

Covanta Pittsfield, LLC Incinerator 3 Authorization-to-Operate Permit Renewal

the Department's August 6, 2009 Special Waste Approval, the facility is permitted to accept select industrial and municipal wastewater sludges for combustion (although permitted, the facility does not currently accept municipal sludges)_

The facility no longer accepts asphalt shingles for combustion, all asphalt shingles are transferred off-site for disposal_

Scrap tires are accepted at the facility for combustion, as part of normal solid waste loads, as ,allowed by the air quality permits_ Additional amounts of difficult-to-burn solid wastes, i.e. construction & demolition (C&D) debris, sheetrock, and mattresses, are transferred off-site throughout the year for disposal/recycling. A maximum of 100 tons' per year of petroleum contaminated non-soil debris' (booms, pads, and absorbents) are accepted for combustion at the facility according to the Class A Recycling Permit *WR-91-9 issued by the Department to the facility.

Ash Handling

Bottom ash from the combustors is quenched with water and transported by conveyor belt to the ash building at the rear of the facility, where it is passed over a drum magnet for ferrous recovery, and screened to remove oversize objects. The non-ferrous rejects are , either re-burned at the facility or shipped out for landfill disposal. The screened bottom ash, recyclable ferrous metals, and non-ferrous rejects are stored in the ash handling area adjacent to the ash building, prior to tran'sport off-site.

The ash handling area consists of a concrete pad abutting the rear wall of the facility building, surrounded by concrete pushwalls, with stormwater drains which drain back into the facility quench water system. The screened bottom ash is loaded onto trailer trucks for use as grading/shaping material at the springfield Bondi's Island landfill under a Beneficial Use Determination (BUD) permit. The ash truck loading area consists of a concrete pad just outside the rear pushwall, pitched to a,stormwater drain at its center, which'also drains to, the facility quench water system. As approved by a Major Modification permit approval dated August 29, 2013, the facility installed a sediment forebay and stormwater basin to remove solids from stormwater flowing off the paved area in the southeast portion of the facility.

Fly ash is collected from the air quality control systems' for the facility., which include multiclones and electrostatic precipitators (ESPs). Fly ash is conveyed to the ash building, where it is mixed in

a pug mill with lime at a 6:1 (fly ash:lime) ratio, and then loaded into Supersacks for off-site disposal at a licensed landfill. A street-sweeper is kept on-site and used for sweeping of ash and other debris from the paved areas of the facility as needed.

Covanta Pittsfield, LLC Incinerator 4 Authorization-tocOperate Pennit Renewal

Recyclables

On Novembe~20, 2014, the Department issued its permit approval of the updated Waste Ban Compliance Plan for the facility, which outlines the steps. taken by the facility to comply with the waste disposal restrictions at 310 CMR 19.017, including the bans on. the disposal of glass, metal and certain plastic containers, recyclable paper, leaf and yard waste, white goods, lead-acid batteries, cathode ray tubes (CRTs) " clean gypsum wallboard, and organics (foodwaste). All incoming waste loads are inspected for waste-ban materials, a minimum of 8 comprehensive load inspections are performed by facilit,y personnel per month, and third-party waste ban inspections'are performed On a quarterly basis.

The facility operates a residential drop-off area for residents of Pittsfield, where solid waste and recyclables are deposited. Solid waste and demolition debris is collected in three rolloff boxes which are dumped into the receiving pit or tipping floor when full. The following materials are also collected at the drop-off area for recycling:

• asphalt, brick and concrete (ABC) rubble; • scrap metal; • recyclable paper and cardboard; • bottles and cans; • leaves; and • clean woodwaste and brush.

A scrap metal bunker is located adjacent to the ash~handling area, which consists of a concrete pad surrounded by concrete pushwalls, with a stormwater drain which drains back into the facility quench water tank.

Air conditioners and refrigerators are stored separately at the facility, and Freon is removed by a certified technician, prior to

.their shipment from the facility as scrap metal.

Mercury-bearing wastes (.button batberies, fluorescent tubes, electric~l switches, and thermostats), and cadmiUm/lead-bearirig wastes (cellphones, handheld electronic items and associated batteries) are collected in covered~col'ltainers at the drop-off area for off-site recycling and/or disposal.

Leaves are collected at the. drop-off area, where residents dump leaves (without bags) into the .hopper of a compactor, and clean woodwaste and brush is collected in a rolloff box. Leaves and brush are transferred off-site to the Holiday Farm registered agriCUltural composting Gite in Dalton, MIL

ABC rubble is collected in a rolloff and transferred off-site to a

Covanta Pittsfield, LLC Incinerator 5 Authorization-ta-Operate Pennit Renewal

permitted ABC crushing operation. Recyclable paper, cardboard, as well as recyclable bottles and cans are collected in containers for transfer to off-site recycling facilities.

As part of previous ATO permitting, a recycling consolidation area was installed at the facility, consisting of a 60' x 30' concrete pad located south of the facility building, with concrete pushwalls and 30-foot high heavy duty netting located around three sides, and a trailer loading .area behind the rear pushwall. The City of Pittsfield's contracted recyclable collection vehicles dump loads of recyclables onto the concrete recycling pad, which are then reloaded into lOO-cubic yard transfer trailers for shipment to the Springfield MRF for recycling. A portion of the consolidation area is also used for the temporary storage of C&D debris and mattresses prior to transfer off-site.

Hazardous waste

The facility has a Small Quantity Generator hazardous waste permit from the Department, #MAP000064784, for limited quantities' of degraded solvents and waste oils generated at the facility, which are collected for off~site shipment as hazardous waste.

Odor Monitoring

On January 23, 2015 the Department issued to Covanta the Minor Modification permit approval of the third-party odor monitoring plan for the facility, which requires certified, third-party odor monitors to .respond to any odor complaints regarding the facility, and to submit odor monitoring reports directly to the Department.

Financial Assurance

The facility does not maintain any financial assurance mechanism for closure, as the facility is an incineriitor, not a landfill.

DEPARTMENT DETERMINATIONS

This application complies with the application requirements at 310 CMR 19.042 (5) Renewal of an Authorization to Operate and was reviewed in accordance with 310 CMR 19.033.. The plans and reports described above establish that the facility complies with the criteria of 310 CMR 19.042.

This document is a Final Permit issued pursuant to Massachusetts General Laws Chapter 111, Section 150A and 310 CMR 19.000, subject to the . conditions set forth below. In the event this permit conflicts with all or parts of prior plan approvals. or permits issued pursuant to c. 111, s. 150A or solid waste regulations in effect prior to July 1, 1990 the terms and conditions of this permit shall supersede the conflicting


provisions of the prior permits approvals. This permit does not convey property rights of any sort or any exclusive privilege.

1. General Permit Conditions

Compliance with plans - The permittee (Covanta) shall operate the facili ty in accordance with the approved plans., reports, and other. submittals for the project except as may be modified by the conditions set forth in this permit. No material changes in the design or activities set forth in the approved documents shall be performed without prior written Department approval.

1. Standard Conditions - The permittee shall operate' the facility in accordance with the requirements and conditions of 310 CMR 19.007 - 19.011, and 310 CMR 19 . .043 (5) .

2. Transfer - No transfer of this permit shall be permitted except in accordance with 310 CMR 19.044.

3. This permit is issued subject to the conditions of joint liability of the permittee. and owner in accordance with 310 CMR 19.043 (3).

4. Waste Disposal Restriction - The permittee shall maintain compliance with all the requirements of 310 CMR 19.017.

5. Permit Modifications - The Department reserves the right to rescind, suspend or modify this peimit by the imposition of additional conditions based upon a determination of actual, or the threat of, adverse Dilpacts from the constructioni operation, maintenance or closure of the facility.

6. Before commencing any construction which would result· in an increase in the throughput capacity of the facility beyond the capacity approved by this permit, the permittee shall obtain a new Authorization to Construct permit in accordance with 310 CMR 19.041.

II. Specific Conditions

1. Amount of Solid Waste - The facility shall accept no more than 84,000 tons of solid waste in any calendar year.'

2. The permitted hours of operation for acceptance of solid wastes at the facility shall be Monday through Friday, 7:00 AM to 5:00 PM, and Saturday 7:00 AM to Noon; Upon notification to the Department, the facility may accept solid waste deliveries until 5 PM on Saturdays, during wear_her related emergencies.

Covanta Pittsfield, LLC Incinerator 7 Authorization-to-Operate Pennit Renewal

3 .. Solid wastes which may be accepted at the .facility include municipal solid waste, C&D debris (including asphalt shingles for transfer off-site), bulky items, scrap tires, as well as industrial and municipal sludges (as allowed by Department permits). The facility shall not accept any hazardous wastes as defined at 310 CMR 30.00; or any asbestos-containing material (ACM) as defined at 310 CMR 7.00.

4. The facility shall only accept Special Wastes in accordance with the requirements of 310 CMR 19.061 and this ATO permit. Industrial/municipal sludges may be accepted according to the requirements of the Department's August 6, 2009 Special Waste Permit, subject to the ·following conditions:

(A) The sludges shall meet the standards contained in the Special Waste Permit, with all analyses reported as milligrams/kilogram, in dry weight;

(8) Sludges shall contain greater than 5% solids, unless documented to be " ... the accumulated solids· and/or semisolids deposited or removed by the processing and/or treatment of gasses, water or other fluids" , as outlined at 310 CMR 16.02; and

(C) The dry weight of all sludges accepted at the facility shall be counted towards the annual limit of 84,000 tons of solid waste.

The Department reserves the. right· to restrict or rescind the acceptance of any Special Wastes at the facility, including sludge materials, should such acceptance violate the conditions of 310 CMR 19.061, the August 6, 2009 Special waste permit, Or this ATO permit, .or create nuisance conditions (specifically nuisance·odors) or threats to public health, safety or the environment.

5. All tipping of solid waste shall be performed only within the facility building. Solid waste shall not be tipped, mixed or stored outside the building enclosure. Solid waste awaiting combustion shall only be stored within the facility building pit and tipping floor l and solid waste shall not extend beyond or be stored outside the building footprint. The Department reserves the right to require Covanta to install fully operational doors on the building, to enclose the solid waste tipping and pit area, should the Department determine that the lack of such. doors is creating nuisance conditions (specifically nuisance odors or vector conditions) or a threat to public health, safety or the envirqrrment. If the Department issues a written determination requiring the installation of such doors, Covanta shall install the doors within the time frame specified by'the Department.

6. The facility may accept and transfer municipal solid waste during shutdown periods, and difficult-to-incinerate wastes (including C&D


debris, asphalt shingles, sheetrock, plasterboard, and mattresses) throughout the year. All solid wastes accept,,!d and transferred at the facility shall be counted towards the yearly solid waste tonnage acceptance limit for the facility of 84,000 tons per year. Pre-sorted, recyclable materials accepte\i and transferred at the facility are not counted towards the yearly solid waste tonnage limit. If MassDEP approves a separate Authorization-to-Operate permit application for operation of a ·transfer station at the facility; then additional amounts of solid waste could be accepted, handled and transferred under such a permit.

7. The facility shall comply with the requirements of the Air Quality Permit issued by the Department to the facility on June 20, 2012, and subsequent Air Quality Permits issued by the Department to the. facility.

8. The maximum amount of ash which may be stored at the facility at anyone time, awaiting.off-site disposal or reuse, shall be as follows: bottom ash and ash rejec'ts shall be limited to the confines of the Ash Handling Area; and no more than 75 full SuperSacks of conditioned fly ash may be stored on-site in the Ash Building area.

9. Within 90 days of the date of· this permit, Covanta shall submit to the· Department modified plans .and/or.procedures for the recycling COilflolidation area, to ensure that the storage and handling of recyclable materials, C&D debris, and mattresses is performed in an enclosed area.

10.AII necessary measures shall be taken to prohibit or mitigate ash tracking from the ash building and ash handling area, including sweeping of pavement areas (including Hubbard Avenue, if necessary) and vehicle washing, as needed. Covanta shall take all necessary measures to ensure general cleanliness of the entire exterior area of the facility, with measures to prevent ash tracking, windblown litter, and debris in stormwater flows; and Covanta shall perform regular inspection and cleaning of stormwater catchbasins at the facility.

II. The facility shall not create nuisance conditions (including nuisance odors, nuisance dusts, or vectors) or threats to the environment or public health, safety and welfare.

12.The facility shall continue to implement bird-control measures as needed at the facility, as outlined in the report submitted by Covanta to the Department on February 6, 2012.

13.sampling of ash shall be performed as required by MGL Chapter 21H, with copies of analytical results submitted to the Department within 60 days of the date of sampling.

Covanta Pittsfield, LLC Incinerator 9 Authorization-to-Operate Permit Renewa!

14.Recyc1ing of refr:j.gerators and air conditioners shall be performed in accordance with all applicable United States Environmental Protection Agency (USEPA) regulations concerning proper Freon removal. Freon removal must be performed by a certified technician with proper equipment and documentation, and documentation of Freon removal "shall be kept at the facility. Refrigerators and air conditioners must be stored and handled in such a manner that Freon will not be relE!ased to the environment.

15.Covanta shall comply with the requirements of the Department's January 23, 2015 Minor Modification permit approval of the thirdparty odor monitoring plan for the facility, including establishment of a 24-hour odor complaint hotline, immediate notification to the Department, certified third party inspections of odor complaints within the required timeframes, and submission of monitoring reports directly to the Department. The thirdparty odor monitoring reports shall be submitted to the Department within 12 hours of the inspection, rather than the 6 hour submission tiroeframe specified in the Minor Modification permit approval. Within 30 days of the date of this permit, Covanta shall submit documentation that previous complainants have been notified of the odor monitoting program and 24-hour complaint hotline.

16.Covanta shall provide the Department with current copies of signed contracts, business agreements or permits for the disposal of fly ash, ash rejects, and solid waste bypass, and for the reuse of bottom ash.

17.Third-party facility inspections shall be performed on a quarterly basis by a certified, third-party consultant, in compliance with 310 CMR 19.018(6) (a & g). rhird-party waste ban inspections shall be performed on a qUarterly basis by a certified; third-party consultant, in compliance with 310 CMR. 19.018(7). Third-party inspection reports shall be submitted to the Department in compliance with 310 CMR 19.018(8).

lS.Quarterly operating reports (quartets being Jan.-Mar., Apr.-June, July-Sept., & Oct.-Dec.) shall be submitted to the Department's Solid Waste section by the fifteenth day of the . following quarter, containing the following information:

(A) A summary of the tonnages of solid waste and recyclables accepted, incinerated and transferred during the quarter and during the c.urrent calendar year;

(B) A summary of waste ban activitiE!S, including failed load letters for all loads rejected from receipt at the facility on .the basis of non-conformance with waste bans, recycling crit·eria, or waste classification (Le. special wastes or hazardous wastes);

(C) The total tonnage of ash shipped from the facility;

Covanta Pittsfield, LLC Incinerator 10 Authorization-la-Operate Perinit Renewal

(D) A description of any periods of facility downtime or operational problems experienced;

(E) Materials Separation Plan activities performed, including copies of monthly handouts addressing banned items; and

(F) A summary of any complaints received regarding the facility during the quarter, including odor complaints. All complaints shall also be forwarded-immediately to the Department upon their receipt by Covanta.

19.Annual reports for the facility shall be submitted to the Department by February 15 of the following calendar year, on the form supplied by the -Department.

20.The Department reserves the right to require a FAM for the facility, as outlined at 310 CMR 19.051. If the Department notifies i::ovanta in writing that a FAM is required, CoV'anta shall _ submit FAM documentation within the timeframe required by the Department.

21.Term- This ATO shall be valid until July-I, 2025, provided that the Department may amend the term of the ATO: (al in accordance with an approved modification pursuant to 310 CMR 19.038; or (b) in order to coincide with the termination or ren~wal date of other Department permits issliedfor the pollution control equipment located at the facility. If Covanta intends to operate the facility after the expiration of this ATO, Covanta is required to submit a request for a renewal of the ATO at least 180 days prior to the expiration of the ATO in accordance with 310 CMR 19.042(5). .

22.Al1 appropriate Health & Safety (H&S) procedures shall be followed at the facility to protect workers and the public.

23.The Department and its agents and employees shall have the right to enter upon the site. at all reasonable-times and without notice, to inspect the facility and any equipment, structure or land located thereon, take samples, recover materials or discharges, have access to and photocopy records, to perform tests and to otherwise monitor compliance with this Permit and all environmental laws and regulations. This right of entry and inspection shall be in addition to the Department's access authorities and rights under applicable federal and states laws and regulations, as well as any permits or other agreements between the Permittee and the Department.

III. Notice of Appeal

Any aggrieved person intending to (lppeal the decision to the superior court shall provide notice '::0 the Department of intention to commence such action. Said notice of intention shall include the Department File

, , - ,.

Covanta Pittsfield, LLC Incinerator II Authorization-lo-Operate Permit Renewal

Number (15-236-007) and shall identify with particularity the issues and reason(s) why it is believed the approval decision was not proper. Such notice shall be provided to the Office of General Counsel of the Department and the Regional Director for the regional office which made the decision .. The appropriate addresses to which to send such notices are:

General Counsel Department of Environmental Protection

One Winter Street-Third floor Boston, Massachusetts 02108

&

Regional Director Department of Environmental Protection

Western Regional Office 436 Dwight Street

Springfield, Massachusetts 01103

No allegation shall be made in any judicial appeal of this decision unless the matter complained of was raised at the· appropriate point in the administrative review procedures established in those regulations, provided that matter may be raised upon a showing that it is material and that it was not reasonably possible with due diligence -to have been raised during such procedures or that matter sought to be raised is of critical importance to the public health or environmental impact of the permitted activity.

Please contact Larry Hanson of this office at the letterhead address or at (413) 755-2287 with any questions or comments reiative to your permit.,

Section Chief Solid Waste Management

w:pittcovantaatoren215 cc: pittsfield Health Department - Director

Pittsfield - Mayor's Office Dalton Board of Health Dalton Board of Selectmen Covanta - Rick Meyer, Environmental Manager DEP/Air: permitting - Marc Simpson, Cortney Dannekel:

CC 29

([it~ of ~ittsfi£lo

October 4. 2016

To the City Council of the City of Pittsfield: -

The Committee on ORDINANCE AND RULES

to whom was referred the a communication from Mayor Tyer submitting an Ordinance amending the City Code, Chapter 16, Article I, Section 6-21.

having considered the same, report and recommend that it be approved . 5-0.


Linda M . '!Yer Mayor



September 7, 2016

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

Dear Councilors,

Submitted herewith for your consideration is an Ordinance amending the Code of the City of Pittsfield , Chapter 16, Article I, and Section 16-21 , "Adjustments in salaries and wages based upon length of employment. "

;ges ec~ully submitted ,

m/'/o... rn· df do. rvl" Tyer Mayor

LMT/CVB

Enclosure

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

ctCltp of ~ltt~fidb

In the Year Two Thousand

AN ORDINANCE

AMENDING THE CODE OF THE CITY OF PITTSFIELD CHAPTER 16, PERSONNEL, ARTICLE I, IN GENERAL,

SECTION 16-21

Be it ordained by the Cit)' COl/neil of the City of Pittsfield, QS follows:

Section I.

That the Code of the City of Pittsfield, Chapter 16, Personnel , Article 1 In General , Section 16-21 , Adjustments in salaries and wages based upon length of employment shall be amended by deleting the words "and managers" and "manager or" from the entire section.

Section II.

This ordinance shall become effective upon its enactment.

Ei.("'~E.~ (,'~~ .... ,~ I ~ f M -1J, ~~ . '-........ ~ ~

DEPARTMENT OF PERSONNEL, CITY HALL, 70 ALLEN STREET, ROOM 107, PITTSFIELD, MA 0120"1 PHONE: 413499-9340

August 6, 2016

To: From : RE:

Mayor Tyer,

Mayor Linda M. Tyer Michael Taylor, Director of Personnel Chapter 16, Ordinance Amendment

Attached, please find a proposed amendment to ordinance established within Personnel Chapter 16, Section 21, of the City Code. The amendment shall remove longevity pay from employees who are paid in accordance with the management pay scale.

Background: In July 2014, a new management pay scale was adopted after a compensation study was completed by the Stone Consulting Group. One of the recommendations within that study was to remove longevity pay from the management pay scale. Longevity payment to department heads and managers was in fact stopped; however, the ordinance change did not reflect said removal.

Your support would be greatly appreciated.

Thank you in advance,

Michael @

City of Pittsfie ld, MA Page I of2

City of Pittsfield, MA

Tuesday, September 6, 201 6

Chapter 16. Personnel

Article I. IN GENERAL

Sec. 16-21. Adjustments in salaries and wages based upon length of employment.

[Ord. No. 571, § 1, 3-13-1987; Ord. No. 764, § 3, 9-28-1994; Ord. No. 902, § IX, 9-10-2003] In addition to the basic compensation fixed and established by ordinance or otherwise, exempt employees apd ma n,s" ,.; of the City shall receive additional compensation as hereinafter provided and subject to the terms, provisions, conditions and exceptions hereinafter set forth:

(a) Rate of compensation.

(1) Exempt employees and ""page,. shall receive additional compensation at the following rates:

After Completion Of (years of service) Per Year

5 10

15 20

25

$156

$312

$468

$572

$676

(2) Such additional compensation shall be included in the basic or regular rate of compensation for the purpose of computing compensation for holiday pay, overtime payor call-in pay under the provisions of §§ 16-15 and 16-16.

(b) All such additional compensation is to be payable in equal installments based upon the number of regular payroll periods to which such ""mgg' , .. exempt employee is annually entitled, but only in the payroll periods in which the said ",apager 9' exempt employee is entitled to compensat ion from the City. In determining whether or not a "'.Dage r 8 ' exempt employee is entitled to additional compensation due to seniority, and the amount thereof; where the employment has not been continuous, all periods of employment with the City shall be added to each other except where the employment was terminated through fault, deficiency, resignation or act of department head, officer, official or employee, and such separation from employment exceeds 60 days.

(c) The " i eR8~er er exempt employee shall be entitled to the additional compensation under this section commencing on the first payroll period fol lowing the time when the ""D'!l"' e. exempt employee shall have completed the necessary periods of service set forth above.

(d) Any ",.page, 0 ' exempt employee who leaves the service of the City directly to enter the Armed Forces of the United States and who thereafter returns to the service of the City within six months of the termination of such service with the Armed Forces shall be entitled to have the period of

http://www.ecode360.com/printIPI 1888?guid= 159694 12 9/6/2016

City of Pittsfield, MA Page 2 of2

such service with the Armed Forces added to the term of his employment with the City in determining whether or not he is entitled to additional compensation and the amount thereof under this chapter.

(e) Such additional compensation shall be payable only to a person rendering full -time services on a nonintermittent basis in any permanent office, job or position, regardless of whether such services are rendered pursuant to temporary provisions or permanent appointment.

(I) Such additional compensation shall not be payable to any person rendering services in any temporary or seasonal work, occupation, project, office, position or job.

http://www.ecode360.com/print/PI1888?guid= 159694 12 9/6120 16

CC29

QIitll of ,"iUsfido

October 4, 2016

To the City Council of the City of Pittsfield: _

The Committee on ORINANCE AND RULES

to whom was referred the PETITION FROM DAVID PILL REQUESTING AN ORDINANCE REQUIRING ANY

INDIVIDUAL APPOINTED TO A BOARD OR COMMISSION TO BE A RESIDENT

OF PITTSFIELD.

having considered the same, report and recommend that IT BE FILED~ 5-0.


Chairman

eel

QJ:itp of ~ttt£'ftdb

17 March 20 2016 ----------------

To the City Council of the City of PittsfieJd:-


requests that The Pittsfield City Council enact an ordinance which requires that as a superseding rule for qualifying the appointments to a/l Boards or Oommissions or Committees under the auspices of the City that any member be a resident of the City of Pittsfield. Residency for this purpose should be defined as qualified to vote in a municipal

election.


David Pill 17 Holmes Rd

POBox 2224 Pittsfield Ma 01202

...

11

QCitp of t}itt5'ficU)


AN ORDINANCE

AMENDING THE CODE OF THE CITY OF PITTSFIELD CHAPTER 2, ADMINISTRATION

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

Section I.

That the Code of the City of Pittsfield, Chapter 2, Administration, shall be amended by adding the following:

Article XLX Residency Requirement for Multiple Member Bodies

All members of any multiple member body as defined in Section 1-7 of the Charter shall be a resident of the City of Pittsfield, Residency shall mean qualified to vote in the City of Pittsfield pursuant to Massachusetts General Laws Chapter 51, Section 1 or any general or special law governing the qualifications of voters in the City of Pittsfield,

Section II.

This ordinance shall become effective upon passage.

CC 1

(!Citp of ~ttt5ftdb

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.


~m-f.U.):\/lQ111 Zlf () /,)1-' Melissa Mazzeo Councilor at Large

CC29

(!litlJ af JliUsfi£lo

JUL Y 27, 2016

To the City Council of the City of Pittsfield: -

The Committee on m DINANCE AND RUL ES

to whom was referred the PETITION FROM COUNCILm CONNELL REQUESTING INSTALLATION OF

HANDICAPPED SPACES ON NmTH, SOUTH, TYLER, ELM AND WEST

STREETS AT A RATIO OF ONE Fm EVERY TEN AVAILABLE PARKING

SPACES.

having considered the same, report and recommend that IT BE APPROVED. 5-0.


Chairman

CCl

({itp of ~ittstidb



Requests that handicap parking spaces on North, South, Tyler, Elm, and West streets be installed on a ratio of one for ever ten parking spaces available.

Respectfully su~mitted /)

t1:!fl~4 Pittsfield City Councilor

No ..

({ttl' of Jittgftelb


AN ORDINANCE

AMENDING THE CODE OF THE CITY OF PITTSFIELD CHAPTER 13, MOTOR VEHICLES AND TRAFFIC, ARTILE V, STOPPING,

STANDING AND PARKING GENERALLY

Be it ordained h.v the City Couflcil of the Cily of Pitf.\jield. as follows:

SECTION I

That the code of the City of Pittsfield, Chapter 13, Motor vehicles and traffic, Alticle Y, Stopping, Standing and Parking generally be amended by adding the following: Alticle V, Section 13-50.2

The City Council shall, by order, detennine and designate at least one handicap parking space for every ten parking spaces on North Street, South Street, Tyler Street, Elm Street and West Street.

SECTION II

This Ordinance shall take effect upon enactment

Approved as to Fonn and Legality,

City Solicitor

CC 29

(!tttp of ttittsftdb July 28,2016


The Traffic Commission

to whom was referred the Petition from Councilor Connell requesting the speed limit signs near all schools indicate enforcement times

having considered the samet report and recomnlcnd that that the signs should read "when children are present"

E9spectfully submitted,

I /

Guy C. Pannesco Chairman.

CC 1

((it!' ot Jittstielb

5' ~/7 20 /b



**all Requests the school zone signs indicating a 20 MPH speed nearlIcrberg-and Wtlltams schools specify when the 20 MPH should be enforced.

ReSpeCtfullY. submitt~J

~d~~-tiJ Christopher f.6onnell Ward 4 City Councilor

** Amended at May 24, 2016 City Council meeting to reflect all schools.

CCl

<!Citp of fhttsfidb

____ O~c~to~b~e~r~5~, _____ 2016 __ _



requests that the two 15-minute parking spaces be removed from in front of 100 Lincoln Street and the order establishing them be rescinded.


'til! n112hll!t JJ!/{' /.iP Kevin J. Morandi Ward 2 Councilor

~~ c '~ /wij 3:Plh Peter 1. White Councilor at Large

REGULAR MEETING OF THE CITY COUNCIL · September 21,2016 Dear Mayor Tyer, The nominating committee...

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