Pittsfield to Plow Roads in Disputed Subdivision Project
 The City Council approved the petition to plow the three roads for this winter. |
On Tuesday, the City Council approved plowing the streets Kara, Karen, and Giovina. The city has been at odds with the developer because the roads do not meet Americans with Disabilities Act standards.
The development company says it met the stipulations set forth in its original permit while the city refuses to accept the streets and a $200,000 or so bill to bring it up to code.
"I just feel that morally as a developer you should finish what you started but that isn't the case here. We are caught in the middle and the residents are caught in the middle," said Ward 4 Councilor Christopher Connell.
City Engineer Matthew Billetter has estimated that in the current condition, it would cost the city around $200,000 to be in ADA compliance — mostly because of the sidewalks. The Department of Public Services has advocated against the city accepting the streets and providing additional services such as plowing, garbage collection, and street cleaning.
"We will not accept it until it meets the requirements," said Commissioner of Public Services David Turocy.
Connell petitioned the council to plow the three roads for this winter after the Community Development Board released a performance bond to the developer, which served as negotiation leverage for the city. The city required Yola Esther Development's principal developer Joseph Kroboth to take out a $175,000 bond which the city could use to finish the project.
The project's construction began after years of inactivity in 2012 but progress was slow. In 2014, the Community Development threatened to use the bond to finish the work but gave the developer until the end of the year to finish it.
While the current condition of the roads and sidewalks may not meet federal law, the Community Development Board agreed that it did satisfy the terms stipulated in the bond agreement and gave those funds back to the developer.
Connell says he hopes he can bring Kroboth back to finish the job.
"I think we should utilize this option so that these streets, which are unaccepted right now, are plowed," Connell said. "I am hoping maybe things will change in regards to the developer's stand."
Turocy, however, disagreed that the developer would be back to perform the work. He said by taking on the plowing, which was previously done by the developers, there is little reason Kroboth would return to the negotiating table.
"I am seriously concerned that if we do go forward with this plow work, the developer won't come back and do it," Turocy said. "We lost a lot of leverage when the credit was issued."
Turocy said the city typically plows many unaccepted streets and these, since they were built with the concept of being public ways, fit into that category. But in this particular case, taking up the plowing makes it easier for Kroboth to walk away from the job.
Connell, however, says there are still undeveloped blocks among those streets. To develop those, Kroboth will have to come back to the city.
Ward 5 Councilor John Krol questioned if there was anyway the city could do the plowing and then bill Yola Esther Development for the work. Turocy said that would be a question for the city solicitor but that he has never done anything like that before.
Krol ultimately joined the rest of the council in approving plowing the streets this winter.
"I am going to support this because it is the right thing to do. These residents are caught in the crossfire," Krol said.
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Tags: plowing, roads, winter roads,
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