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Pittsfield Council of Aging Questions 24-Hour Sidewalk Ordinance

By Sabrina DammsiBerkshires Staff
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PITTSFIELD, Mass. — The Council on Aging says the city's requirement to swiftly clear sidewalks is a strain on senior residents. 
 
The ordinance calls for snow and ice to be removed from sidewalks within 24 hours of a storm. After an initial warning, property owners who fail to do this are progressively fined up to a $100.
 
Council members argued this week that the sidewalk ordinance is too vague because it does not consider factors including vacations, accessibility, and the repeated snow covering caused by plows. Plus, they say, the city's older residents may not have the capacity to shovel walks.
 
COA Director James Clark shared a story about an elderly women who was trying remove the heavy, wet snow from a January storm from sidewalk and was distraught after the plows came by and filled the clean walk with more snow.
 
"She went out there to try and do it and couldn't get it done. And out of the grace of God, some kid came along and for 20 bucks, did it," he said. "And then not more than an hour later, the plow came by and dumped more on the sidewalk than he had removed. We looked at it and she was in tears because it was her last 20 bucks and she didn't know what to do."
 
Clark said the sidewalk ordinance is discriminatory and that eight of the current 11 City Council members do not have sidewalks on their property so the ordinance does not affect them.  
 
"But they're telling people they have to do it in a certain amount of time," he said. "And the only reason that's an issue to me is because I had multiple calls this year, where people went out and did their sidewalk or paid somebody to do it. And then the plows came by again and dumped the snow right back on their sidewalk."
 
The sidewalk ordinance is enforced by the Health Department. Since the beginning of the year, nearly 60 $25 tickets have been issued, all but on in January. 
 
A petition by Councilor at Large Earl Persip III asked the Health Department to look into improving snow removal and hold residents and businesses more responsible, describing icy or snowed in sidewalks as a safety hazard for seniors and children.
 
In response, Health Inspector Andy Cambi provided a program draft that would focus on commercial establishments, sidewalks within 1.5 miles of schools, gathering places, and along residential streets in response to complaints through the Pittsmart app. 
 
Inspections would be performed within 24 hours after at least 2 inches of snow; warnings would be posted first (though a question on how this would be done) and followed up to ensure compliance. Cambi also laid out the process and resources needed.
 
The policy was referred to Ordinance & Rules. 
 
"[Ward 3 Councilor] Kevin Sherman brought up a good point, especially if anybody had any plans this year to go anywhere," said Clark, referring to how people can't really plan around weather forecasts and may not be in the city after a storm. "They shouldn't be getting a ticket because they were out of town for the weekend and come back into that not only to shovel it, but then you have a ticket."
 
Chair Theresa Bianchi said the city needed to invest in alternative ways to keep sidewalks clear to relieve the strain on residents.
 
"It's not just our constituency and our community — the amount of schoolchildren that have to walk up to Crosby, to Highland (Capeless), to Taconic and some standing out in the dark waiting for the bus and the sidewalks are not clear," Bianchi said. "I'm sure you see this with other elementary schools. It is absolutely unacceptable. 
 
"And if the city has to invest in those neat little, small snow plows or brushes, they go on sidewalks and take the $30, $40, $50 million that we have, to say nothing of the budget surplus over the past two years, and get it done."
 
In other business, the council noted March 22 is the 50th anniversary of the Meals on Wheels program, part of the Older Americans Act Nutrition Program, which provides meals to seniors who are unable to leave their home. 
 
"We want to extend out gratitude to Elder Services of Berkshire County and the terrific staff at the Lanesborough Kitchen site for their outstanding work over the past 50 years," the council posted on its Facebook page.
 
• There is a staffing shortage for many senior programs making it difficult to provide resources to seniors such as bus services, at-home nurses, and at-home care. 
 
"I think the home-care agencies are still really struggling to staff because we regularly have patients who have the means to pay for home health care and can't get anyone especially if they live out in the hilltowns, young people are more, more rural," council member Kara M. Graziola said. "It's just brutal for them to get anybody. So I think it's getting a little better. But they still have a long way to go in order to be able to fulfill the needs of people asking for help."
 
• Clark said seniors should leave their homes once in a while because it is good for them to be in a change in scenery. He noted the importance of a bus service that can bring them to the Ralph Froio Senior Center. 
 
• The Senior Center has scheduled a bus to MGM Springfield; seniors will be able to gamble and eat at the Red Rose for $49. 

 


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Lanesborough Looks to Dissolve Baker Hill Road District

By Breanna SteeleiBerkshires Staff

LANESBOROUGH, Mass. — The Select Board is looking to move forward with dissolving the Baker Hill Road District, which is hindering the Berkshire Mall sale.

On Friday, the Select Board heard from Vice Chair Juli Baker and Chair Deborah Maynard on how Tuesday negotiations went with Cypress Equities, JMJ Holdings, town counsel, the town administrator, and state Rep. John Barrett III. 

Baker said that during Tuesday's meeting, everyone agreed the goal was to have a successful sale of the mall for redevelopment as it’s in the best interest of the town.

Baker said Barrett assured them the state is willing to take the Connector Road and that the state is willing to provide grants to the town to renovate the water and sewer infrastructure, with an estimated total of $4.5 million, to facilitate the property's redevelopment.

"We have received assurances from Representative Barrett that the Commonwealth will provide the monies and will take the Connector," Baker said.

While buyer Cypress Equities saw some benefit in keeping the district, it now doesn't since the state is willing to provide the funds and renovate the infrastructure, according to Baker. 

Baker said that in the meeting, Cypress Equities prefers to enter into a tax increment financing (TIF) and will add to the agreement an amount of funding for public safety services, which would have come from the district. She said Cypress said it would rather enter into one agreement with the town than two agreements with the town and the district.

Mall owner JMJ Holdings is willing to pay $350,000 to the town upon closing, Baker said. 

The meeting Friday was to consider moving forward with a dissolution of the district.

"But the decision that it hinges on tonight is whether to move forward to the dissolution of the Baker Hill Road District in some manner," she said.

Baker said she has worked long and hard to see if there was another alternative to this, working closely with the district which has been "very cooperative and very helpful" in making changes.

The district had agreed to make changes to its governance and taxation; agreeing to have a cap for Cypress as well as agreeing to work to have the state take over the road, sending letters of support.

"What changed this for me is that I've always said it's important to have the special district because we get the public safety funding, and it's also important for the economic district to bring the features that an economic district brings because of what we're up against with the infrastructure problems, and the change at this point is that we have a buyer who is willing to supply that public safety money and commit to it over time, along with the TIF that the town would do, which is essential," she said.

"At this point, I feel like it's in the best interest of the town and protects the town the best in terms of a future where we can develop a mall and bring that economic benefit in. You definitely need to reduce taxes, and you cannot do that without a fully developed retail operation right there. So it's been, you know, deeply difficult decision making," Baker said.

Board members Jason Breault and Jeffery Walters agreed it was the best decision to move forward.

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