Dalton Takes First Steps to Meet ADA Requirements

By Sabrina DammsiBerkshires Staff
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DALTON, Mass. — The Berkshire Regional Planning Commission presented an Americans with Disabilities Act self-evaluation and transition plan to the board on Tuesday night to determine the town's priorities and paths to improvement. 
 
The state mandated this self-evaluation to enhance the town's opportunities for grant approval. The town has already completed three steps to meet this standard.
 
The town completed the first step by designating Executive Assistant Alyssa Maschino as the ADA coordinator. 
 
The town is also required to post notice that it abides by Title II of the federal act in "perpetuity located in at least one prominent public area usually designated as a public information site."
 
Finally, the town must publicly post a "Grievance Procedure under the Americans with Disabilities Act."
 
The commission presented four priorities: improving accessibility to public building entrances and exits, goods and services, public toilets, and other items such as water fountains. 
 
"Dalton is currently at the initial stage of improving ADA accessibility in town facilities, as
exemplified by the initiation of this plan, but is at this time grappling with the lack of formal
policies, training, and accommodations for people with disabilities," the Dalton ADA Transition Plan reads. 
 
Town facilities evaluated for this report include Town Hall and Police Department, Senior Center, pump station, salt shed/highway department, garage on Main Street, historical museum, cemetery office on Main Street, the Ashuelot Cemetery garage on Ashuelot Street, the cemetery chapel on Main Street, Pine Grove Park, Chamberlain Park, and various sidewalks. The full report can be found here. 
 
The board also voted to to move forward with the second flood mitigation alternative option presented by GZA GeoEnvironmental Inc. after a lengthy discussion with the public.
 
GZA was awarded the bid in September 2021 to complete a preliminary engineering study for Walker Brook in the amount of $123,276. The town is paying the remaining 25 percent for the study.
 
The company presented three flood mitigation alternatives for the Walker Brook.
 
The option accepted would keep the existing culvert but add a second pipe from High Street that discharges to Walker Brook south of Glennon Avenue. This would cost $5.84 million, including a 30 percent contingency and 7 percent inflation factor. 
 
"I would actually argue for the second option going along Glennon Avenue currently because it takes it out of people's back yards. It then becomes something the town can access if it needs to," Town Manager Tom Hutcheson said. 
 
"I think that going through people's back yards would be a nightmare. In terms of rights of way, buying rights of way and maintaining the system, if anything were to happen."
 
The selected option addresses the structural deficiencies along the existing culvert, maintains downstream baseflows, limits private property impacts during construction, minimizes the need for changes to local drainage infrastructure, simplifies water control during construction, and limits long-term inspection and maintenance needs. 
 
GZA had recommended the third option because it includes all of the benefits listed above in addition to providing detenting, water quality and habitat benefits, and being more cost effective. 
 
The third option would have cost $4,938,500 including the 30 percent contingency and 7 percent inflation factor. 
 
Many members of the public were against Option 3, however, because it destroys empty building lots. Option 3 would add a daylight open channel to High Street and the Senior Center parking lot. 
 
"It also destroys the proposed five or six building lots that are set up for that empty space that you want to make a retention basin," said resident Maureen Mitchell. "So I don't believe your dollar figures that you have in your upcoming chart reflect the potential sale of those lots and a potential site or say a public safety building like for fire or police."
 
Building Grounds Superintendent Patrick Pettit also mentioned that Option 3 would also affect mosquito control.
 
Option 1 would replace the existing culvert from High Street to Main with a larger pipe along the existing alignment. This option would have cost $5,623,400. 
 
Now that the board has voted on an option, the town will move forward onto the engineering phase. The town will apply for a grant to cover 75 percent costs of the project.

Tags: ADA,   flood control,   

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Berkshire DA Releases Victim's Name in Fatal Police Shooting

By Brittany PolitoiBerkshires Staff

An image Biagio Kauvil posted to his Instagram page in happier days. 

PITTSFIELD, Mass. — Biagio Kauvil's family had attempted to secure mental health resources for him before a well-being check on Wednesday that turned deadly. 

On Friday, District Attorney Timothy Shugrue identified Kauvil, 27, as the man who was killed by police in a shooting incident at 53 Off South St. on Jan. 7. The New York resident, he said, was expressing "paranoid delusional" thoughts on social media, and in calls to the FBI's National Threat Operation Center and local 911 leading up to the incident. 

"This is a horrific scene, and there is a deceased person, and it's a very sad situation. It was a mental health situation," Shugrue said during a press conference at his office around noon, right after he had spoken to Kauvil's family. 

The DA elaborated on details provided the prior day, though there are still many questions unanswered, and the investigation remains active. He declined to respond to queries about the officers' decision to breach the bedroom door the man was sequestered behind, details about the approximately 46-second struggle that resulted in Kauvil being shot in the head, or if an officer would be charged for the fatality. 

Police say Hinsdale Sgt. Dominick Crupi was shot in the hand by Kauvil, the bullet going through and striking Police Chief Shawn Boyne in his bulletproof vest. Crupi was also shot in the elbow by another officer. He was released from Albany, N.Y., Medical Center on Friday. 

Shugrue said his office will not be releasing the names of the officers involved, although he acknowledged that they have been named on social media and elsewhere. He is "not even near" ready to say if an officer will be charged. 

"I'm only here today because there's a lot of rumors going around the community. I wanted to straighten that out," he said, clarifying that Kauvil was not wanted by the FBI. 

"… I'm sorry I can't give you more information than that, but I really want to be clear about what we know at this stage. But again, this may change once we — I haven't seen the ballistics, I haven't seen the autopsy report. There's a lot of stuff I don't have yet, but I just felt the public deserved to know as quickly as possible what transpired, especially in light of what's happening nationally." 

This is the third police shooting in Berkshire County in nearly four years that involved someone in mental distress. Miguel Estrella, 22, was shot and killed on March 25, 2022, at the intersection of Woodbine Avenue and Onota Street in Pittsfield; Phillip Henault, 64, was shot and killed at his Hancock home on Sept. 9, 2023.

In both cases, investigators cleared the officers as both men had advanced on police armed with knives and threatening them.

Based on the investigation so far, there were no mental health co-responders on site. Shugrue doesn't believe the officers knew Kauvil was armed, and cited the lack of mental health resources in the community. 

"I hope one thing that comes out of this is that we can talk more about legislative work that needs to be done. We can talk about resources that need to be given to mandate that we have mental health professionals working with police officers and working with individuals that are on the street that haven't been able to get the services that they need," he said. 

"And this is unfortunate. I know, speaking to the family, they tried to get services for him. Unfortunately, there's not a lot available, and there's not a lot available in the Berkshires." 

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