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The stairs to City Hall were supposed to be redone in 2015 but the price came in too high so the work was never done.

Mazzeo Presses Tyer On Capital Projects Never Completed

By: Andy McKeeveriBerkshires Staff
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PITTSFIELD, Mass. — The cracked and worn steps to City Hall stood between two mayoral candidates Tuesday night.
 
Councilor at Large and mayoral candidate Melissa Mazzeo and Mayor Linda Tyer sparred during the City Council meeting over the lack of repairs to those steps. In 2015, a storm led to significant flooding in the basement of City Hall and damaged records.
 
The council then approved a borrowing of up to $100,000 to fix the steps and the foundation at City Hall to prevent more damage.
 
The work was never done. On Tuesday, the administration brought forth an order to rescind what is left of that authorization -- $91,000 -- because it will take more than that to ultimately do that work.
 
"The stairs are a disaster out there, why are we not going to do it?" Mazzeo pointedly asked Tyer suggesting the administration should have at least made some repairs to halt the flooding risk.
 
Tyer responded that not only had the bids come in too high, the city is now exploring making upgrades for security and accessibility to the building that was constructed as a post office in 1911. She'd rather do all of that work at once.
 
"Let's look at it in its totality and do the project in full," Tyer said. "In 2015, we determined that even to just repair the front steps it would cost more than $100,000. That was before my time but that was the determination."
 
At the time, Barry Architects was brought in to perform an assessment and draw up the engineering plans -- something Director of Finance Matthew Kerwood said is a requirement because of the costs. Kerwood said the bids for the work had come in too high and it was determined that the project wouldn't go forward. 
 
The administration has been cleaning up the financial books and has routinely asked the council to rescind unused authorizations -- some dating back to 2008 and 2009. The authorizations aren't money, just an OK for the administration to borrow, and Kerwood said rescinding those makes for cleaner books and if borrowing is needed in the future, new authorizations would be sought.
 
"It is not money. It is strictly the authority to go get the money," he said. "It is just cleaner accounting."
 
That process, however, sheds light on what hasn't been done over the years. Mazzeo believes that if the council approves a project, it should be done. 
 
Mazzeo said that even if the project pre-dates the Tyer administration, the authorization was still there and some work could have been completed. She thinks the front steps aren't likely to be dramatically altered for accessibility and security. When the council approves something, residents expect the work to be done and now many may be looking at those steps wondering where the money had gone.
 
Ward 4 Councilor Christopher Connell echoed similar sentiments.
 
"The foundation still has to be sealed," Connell said. "Why wouldn't we at least try to address the foundation as oppose to waiting?"
 
Kerwood responded that the Building Maintenance Department did do some maintenance work on the foundation, but to what extent is better asked of the department. Kerwood drew a line between a capital project the city would borrow for an routine maintenance, saying routine maintenance should be done from the operational budget and not borrowed.
 
"Otherwise you are issuing debt for something that should be operational repair and maintenance of your city," Kerwood said.
 
Such is the case with asbestos removal in city-owned buildings. The city has been doing environmental abatements on an annual basis so the funds for that were moved from capital authorizations to the operating budget. On Tuesday, a 2017 authorization for that work was rescinded but Kerwood said the work is ongoing, just paid for via a different source.
 
It isn't the first time Mazzeo pressed on projects that were never completed -- suggesting that the city is spending money on engineering and consultants and never actually completing the actual construction. In 2016, the administration put forth another order and she pressed on money that was never spent on the King Street dump in 2008. At the time, Kerwood said some work was done on the South Landfill but the state backed off on requirements and the administration at the time opted not to move forward with what became an unneeded project.
 
Tyer responded that every year millions of dollars are spent on completed projects and sometimes the city gets approval to borrow and the price tag grows to a point at which the administration decides not to borrow the money.
 
Nonetheless, Mazzeo thinks even if the specific projects come in too high, the administration can do some things. The administration asked to rescind an authorization for sidewalk repairs at Crosby Elmentary and Pittsfield High schools but the work ended up being above the $50,000 price tag. Mazzeo said there is plenty of sidewalks that need repair that could be done with that authorization.
 
"People are screaming for sidewalk repairs all over the city," Mazzeo said.
 
Kerwood responded that, by law, the city needs to stick with the description authorized by the council. In this case, the description specifically calls for sidewalks at the two schools so Kerwood doesn't believe it can be used for something else without council's approval. He added that he'd rather come back to the council with a new request for projects than to be amending old authorization.

Tags: capital projects,   municipal borrowing,   

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Lanesborough Officials Take Road District Dissolution Off Warrant

By Breanna SteeleiBerkshires Staff

LANESBOROUGH, Mass. — The Select Board has removed a town meeting warrant article regarding the dissolution of the Baker Hill Road District.

JMJ Holdings development consultant Tim Grogan spoke in public comment saying the Berkshire Mall owner is currently has purchase-and-sale agreement for the mall. 

Back in February, the Select Board settled a tax dispute with JMJ Holdings by agreeing to move forward in dissolving the district if the company paid $1.1 million to the town. JMJ Holdings had to provide a signed development-and-purchase agreement 30 days before the town meeting. 

JMJ holdings did not submit a payment to be made by May 9. Because of that, the Select Board voted to take the article of the warrant to be voted at the annual town meeting.

Meanwhile, the Baker Hill Road District presented a slideshow defending the district and explaining what it does.

The district currently provides a non-resident-funded revenue stream of around $500,000 per year. These funds help pay for police cars and officer salaries, dump trucks, fire trucks, and more for the town.

"Dissolution would mean the district's three commercial property owners would no longer have to pay for upkeep of the Route Seven/Eight connector road. As a result, the BHRD annual contribution of more than $500,000 to Lanesborough would disappear permanently, since the services and maintenance costs associated with the Route Seven and Eight connector road would still remain," said Tom Caraccioli, PR consultant with AH&M Inc. "Lanesborough would have to absorb these costs and continue to provide emergency services to the mall and Target. The financial burden for these remaining expenses would then fall on Lanesborough taxpayers through higher taxes or the reduction of other important town services."

The proposal with JMJ would affect the town in a negative way Caraccioli claimed. 

"JMJ is proposing a one-time payment of $1.1 million to Lanesborough in exchange, JMJ would never pay BHRD taxes again. The decision to dissolve the BHRD by accepting this proposed $1.1 million would be a permanent choice that would have irreversible consequences," he said. "There will be no official system in place to cover recurring costs once the money from this single payment is spent. Therefore, the proposed one-time payment is not a long-term solution for the town of Lanesborough."

JMJ's dispute was that the Berkshire Mall no longer exists as a functioning entity and it should not be on the hook for protection and maintenance that had been based on the mall's operation in its heyday. The company is seeking to redevelop the site as senior housing and town officials were asking the state to take over the Connector Road. 

District officials said it's not guaranteed that the state would take over the road linking Routes 7 and 8, built to service the mall back in the '80s, and that the state Department of Transportation had historically discouraged the town from asking. Even if it happened, it could take three to five years, during which no BHRD funds would be collected if the district is dissolved. The state would not replace the revenue they support, and they argued the state is facing its own budget issues making it unlikely they would want to take over.

The road district was created by an act of the Legislature and would require another act to dissolve it. The town meeting article asked for voter support for a home-rule petition to start that process.  

After the presentation, it was asked what the current financial status of the BHRD, given that JMJ hasn’t paid in a long time and if the district actually has the money or if it is dependent on the mall sale.

Mark Siegars, attorney for BHRD, reminded the room that the mall is under a purchase and sale agreement and if the sale closes, the district expects to receive more than a million dollars because of the lawsuit and lien, but does not have that cash yet. If the sale does not go through, BHRD will take the mall and sell it. The district still gets payments from Target, which is separate from the mall. 

There were also some questions on the district's history, with Select Board member Jason Breault asking if the mall did not have a high tax rate from the district, would it still be solvent. The exchange became heated between Siegars and BHRD Chair Bill Prendergast.

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