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.. (D·CITY CLEb CITY OF PITTSFIELD PlTTSP'1£Ut ~'-

~~~~~~~~~~~~UNCIL via ZOOM lOlO JUN -S AMIO: Ia June 9, 2020, at 7:00 p.m.

AGENDA

Pursuant to Governor Baker's March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, §18, and state and federal orders and guidance imposing strict limits on the number of people that may gather in one place, this meeting of the City Council will be conducted exclusively via remote participation. For this meeting, members of the public who wish to watch the meeting may do so on PCTV. No in-person attendance of members of the public will be permitted, but every effort will be made to ensure that the public can adequately access the proceedings in real time, via technological means. In the event that we are unable to do so, despite best efforts, we will post on the City's website an audio or video recording, transcript, or other comprehensive record of proceedings as soon as possible after the meeting.

NOTE: If you are required to participate in a particular item, you may do so by calling (301) 715-8592, Enter the Meeting ID, 913 4690 3958on your phone's keypad and press#. Press# again.

1. Open microphone

APPOINTMENTS

2. A communication from Mayor Tyer appointing Daniel J. Shearer as the Airport Manager

3. A communication from Mayor Tyer reappointing Thomas R. Hardy to the Airport Commission

4. A communication from Mayor Tyer reappointing Marilyn Gerhard, Joseph Collins and Mary Beth Eldridge to the Pittsfield Cultural Council

COMMUNICATIONS FROM HER HONOR THE MAYOR

5. A communication from Mayor Tyer submitting an Order to accept a grant of funds in the amount of $10,000.00 from the Lake Onota Preservation Association

6. A communication from Mayor Tyer submitting an Order to accept a grant of funds in the amount of $95,515.00 from the Massachusetts Department of Environmental Protection

of 2

7. A communication from Mayor Tyer submitting an Order to accept a donation of funds in the amount of $60,000.00 from the Housatonic Valley Association

8. A communication from Mayor Tyer submitting two Orders related to the Churchill Street Culvert Replacement Project, Order 1 permanent easement for the property owned by John A. Barry Jr. and Karen Barry at 0 Churchill Street (Map D15-1-5) in the amount of $370.00. Order 2 temporary easement for the property owned by Thomas H. Donovan at 0 Churchill Street (Map D16-1-2) in the amount of $20.00

9. A communication from Mayor Tyer submitting an Order to accept a grant of funds in the amount of $92,531 from the United States Department of Justice, Office of Justice Programs for the FY20 Coronavirus Emergency Supplemental Funding Program Grant

NEW BUSINESS

10. A petition from Alex Blum in requesting to double or triple monetary funding of tree cutting and trimming

COMMITTEE REPORTS

Report of the Committee of the Whole 11. A report from the Committee of the Whole on an Order to amend the Fiscal Year 2020 Community

Preservation budget and appropriate an amount of $655,399.34, recommending to approve 11/0

12. A report from the Committee of the Whole on an Order appropriating the amount of $1,016,110.94 for the Fiscal Year 2021 Community Preservation budget, recommending to approve 11/0

Report of the Committee on Ordinances and Rules 13. A report from the Committee on Ordinances and Rules on an Order to amend the City Code, Chapter

19, Sewers and Drains, recommending to amend with recommendations and approve 5/0

UNFINISHED BUSINESS

14. A petition from Councilors Maffuccio and Morandi asking to appoint a City Youth Advisor (Tabled March 10, 2020)

15. A petition from Councilor Maffuccio requesting to adopt Mass General Law, Chapter 85, Section 17 A, to ban activity from Park Square to Hubbard Avenue and from North Street to Tyler Street. (Tabled March 10, 2020)

MATTERS TENTATIVELY REFERRED BY THE PRESIDENT UNDER RULE 27

Referred to the Commissioner of Public Works and Utilities 16. A petition from President Marchetti requesting that Commissioner Morales explore and implement safety

and traffic calming measures to improve the intersection of Lakeway Drive and Valentine Road

of 2

THE CITY OF PITTSFIELD OFFICE OF THE MAYOR

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

June 4, 2020

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 appointment of Daniel Shearer as the Airport Manager.

LMT/CVB Enclosure

Respectfully submitted,

Linda M. Tyer, Mayor

Daniel J. Shearer OBJECTIVE

495 West Main St., Plainfield, MA 01070 ~ linkedin.com/in/shearerdaniel/ lmJ

[email protected] @

(413) 522-6875 ~

To attain a leadership position in operations safety and emergency management, focused on strengthening operational sustainability and resiliency while ensuring the safety of coworkers, customers, and the public.

EDUCATION Eastern Kentucky University Richmond, Kentucky, USA Graduated: May 2018 Master of Science in Safety, Security, and Emergency Management with a Concentration in Emergency Management Graduate Certificate in Emergency Management (Received: January 2014)

Embry-Riddle Aeronautical University Daytona Beach, Florida, USA Graduated: August 2009 Bachelor of Science in Safety Science with a Concentration in Air Transportation and a Minor in Aeronautical Science

QUALIFICATIONS & CERTIFICATES • FAA Aircraft Dispatcher Certificate • Hazard Identification & Control • Massachusetts EMT-Basic (expired)

• FAA Private Pilot Certificate, ASEL • OSHA 30-Hour Certificate • FEMA ICS-100, 120, 200, 700, 800

• High Performance Endorsement • Company Aviation Safety Officer • DATIA Drug/Alcohol DER Compliance

• Human Factors (HFACS) • System Safety • GHS Advanced Internal Quality Audit

• MITRE SMS Principles • TapRoot Root Cause Analysis • GHS Enhanced IOSA Auditing • Job Hazard Analysis (JHA) • Flight Risk Management

PROFESSIONAL PROFILE Over a decade of progressive airline industry experience, serving in capacities ranging from front line operations and customer service through to management positions of Director of Safety and Emergency Response. Skills developed and experience obtained include:

• Safety Programs and Management • DOT/FAA Drug & Alcohol Abatement • Information Technology • Emergency Management & Response • Employee Reporting Programs • DOT Operations Reporting • Company Safety Investigations • FAA Dispatching I Flight Following • Operations & Station Management

• Hazardous Materials Regulations • Flight Schedule Planning • OSHA Compliance

PROFESSIONAL EXPERIENCE Hyannis Air Service Hyannis, MA, USA February 2015 to Present Position: Director of Emergency Response. Manager of Safety Management Systems, & Hazardous Materials Officer Duties: Management and Coordination of Emergency Response Programs; Implementation of the Safety Management

Systems; Hazardous Materials Officer; Safety and Incident Reporting; Safety Programs; & Safety & Quality Auditing.

SeaPort Airlines Juneau, AK & Portland, OR, USA April 2010 to January 2015 Position: Director of Safety (Previously: Director of Flight Control; Assistant Director of Safety; Dispatcher) Duties: Drug & Alcohol Abatement Program; Safety Program; Emergency Response Plan; ASAP Manager; Safety Reporting;

Safety Instruction; Regional Flight Control Oversight; Flight Scheduling; DOT Reporting; Dispatch & Reservation Trainer; Operational Control Dispatch & Flight Following; Charter Sales; HazMat Handling; Website Updates; & IT.

Coastal Helicopters Juneau, AK, USA Seasonal, April 2012 to July 2012 Position: Flight Coordinator Duties: Flight Following; Emergency Response Duties; Passenger Check-In; & Charter Sales; & Tour Sales.

Locair Fort Lauderdale, FL, USA February 2009 to March 2010 Position: Director of Safety & Security (Previously: IT Administrator)

Duties: Mishap Management; Safety Programs; TSA Security Programs; Station Management; Webmaster; IT Administration; Advertisements; Sales; Reservations; Airport Services Coordination; & Route Development.

Vintage Props & Jets New Smyrna Beach, FL, USA February 2007 to July 2008 Position: IT Administrator (Previously: Interim Station Manager; Customer Service; Line Service Tech) Duties: Website Maintenance; Station Management; Advertisements; Customer Service; Charter Sales; DOT Reporting; Flight &

Pilot Records; Customs Liaising; APIS Filing; Aircraft Fueling, Towing, & Marshalling.

EXPERIENCE & ACTIVITIES USCG Auxiliary [June 2010-August 2013]; MA Certified EMT [August 2004 to April 2015]; Fire Fighter [July 1998 to 2004]; First Responder [February 2000 to August 2004]; International Society of Air Safety Investigators (ISASI); American Society of Safety Engineers (ASSE);

Linda M. Tyer Mayor

THE CI'IY OF PITTSFIELD OFFICE OF THE MAYOR


June 3, 2020


Dear Councilors,

It is my sincere privilege to submit herewith for your consideration the reappointment of Thomas R. Hardy, of 71 South Church Street, N203, Pittsfield, MA to the Airport Commission for a term expiring June 13, 2023.

ectfu~y submitted,

rvln f'rk J~er

Mayor

Linda M. Tyer Mayor

THE CI1Y OF PITTSFIELD OFFICE OF THE MAYOR


June 3, 2020


Dear Councilors,

It is my sincere privilege to submit herewith for your consideration the following reappointments to the Pittsfield Cultural Council for terms expiring June 9, 2023:

Marilyn Gerhard, of 89 Stratford Avenue, Pittsfield, MA 01201

Joseph Collins, of 99 Alfred Drive, Pittsfield, MA 01201

Mary Beth Eldridge, 100 Commonwealth Avenue, Pittsfield, MA 01201

R ectfully submitted,

. [), ~r~arT

Linda M. Tyer Mayor


70 Allen Street, Pittsfield, MA 0 120 1 (413) 499-9321 • [email protected]

June 3, 2020


Dear Councilors,

Submitted herewith for your consideration is an Order to accept a gift of funds in the amount of $10,000.00 from the Lake Onota Preservation Association to be used for the control of invasive aquatic plants at Onota Lake.

LMT/CVB Enclosure

CITY OF PITTSFIELD

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

June 2, 2020

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

Dear Mayor Tyer:

Submitted herewith for your consideration is an Order accepting a gift of funds in the maximum amount of $10,000.00 from the Lake Onota Preservation Association. This gift will support invasive aquatic plant control at Onota Lake. The actual value ofthe donation will be known following mapping and prioritization of where to chemically treat invasive weeds. This value will be known by the City Council meeting scheduled for June 12, 2020.


cc: Matthew Kerwood, Treasurer

Mayor Linda Tyer City of Pittsfield

Dear Mayor Tyer,

June 4, 2020

Lake Onota Preservation Association (LOPA) agrees to donate up to $10,000 to the City of Pittsfield to supplement the City's current budget for herbicide treatment to control invasive non-native weeds at Onota Lake this spring.

LOPA is a volunteer organization with more than 250 dues paying members. Its membership encompasses a broad swath of the Pittsfield community who love Onota Lake and seek to preserve it as a valuable recreational and environmental asset for Pittsfield and the Berkshires.

Executive Board of Directors:

Michael Riordan, President

Michael Zaccaro Vice-President

George Haddad, Treasurer

Alan Righi, Clerk

Directors: JimDitello

Marguerite Geer Andy Kelly

Jon Pickwell Walt PickweU

Bob Race Marshall Raser David Reinhart

Jeff Rose Richard Samale

Ron Smith David Turocy

Eurasion watermilfoil is the main invasive non-native aquatic plant that plagues the lake. If left unchecked it diminishes almost all recreational uses of the lake. The growth of milfoil is rampant this spring. It is more abundant and higher earlier than usual.

LOP A's supplemental donation should provide sufficient funding to treat fully the areas of the lake recommended by the City's herbicide contractor. The City has been managing Eurasian milfoil with herbicides for many years now. In most years, the City's budget constraints prevent fully addressing the recommended treatment areas. This is unfortunate, and costly in the long run, because untreated patches of milfoil become the nursery for next year's weed problem.

LOP A's one-time donation is in recognition of the pressures that the coronavirus crisis undoubtedly is putting on the City's budget this year. While LOPA is not in a position f'mancially to make this kind of donation toward herbicide treatments on a reguiar basis, going forward LOP A is interested in collaborating with the City on initiatives for new and alternative methods of managing invasive non-native weeds at Onota Lake.

LOP A deeply values its long-standing partnership with the City to preserve our beautiful lake. When the times permit we would welcome the opportunity to discuss with you some of the challenges confronting this task.

Sincerely, r··

f~pL--Michael Riordan LOPA President

P.O. Box 2884, Pittsfield, MA 01202 www.onotalake.com

No.

<tttp of lettt£Sftelb - -- M A S S A C H U S E T T S

IN CITY COUNCIL

AN ORDER

AUTHORIZING THE CITY OF PITTSFIELD TO ACCEPT A GIFT OF FUNDS IN THE MAXIMUM AMOUNT OF $10,000.00 FROM

THE LAKE ONOTA PRESERVATION ASSOCIATION

Ordered:

That the City of Pittsfield, by and through its Mayor and City Council, is hereby authorized to accept a gift of funds in the maximum amount of $10,000.00 from the Lake Onota Preservation Association to be directed toward the control of invasive aquatic plants at Onota Lake. This gift is being accepted in accordance with M.G.L., Chapter 44, Section 53A.

Linda M. Tyer Mayor

THE CI1Y OF PITI'SFIELD OFFICE OF THE MAYOR


June 3, 2020


Dear Councilors,

Submitted herewith for your consideration is an Order to accept a grant of funds in the amount of $95,515.00 from the Massachusetts Department of Environmental Protection for a three year commitment for the Municipal Assistance Coordinator (MAC)in the Western District.

LMT/CVB Enclosure

CITY OF PilTSFIELD DEPARTMENT OF PUBUC SERVICES & UTILITIES, 100 NORTH ST, PmSFIELD, MA 01201 413-499-9330

May 5, 2020

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

Dear Mayor Tyer:

Submitted herewith for your consideration is an order accepting a grant of funds in the amount of $95,515.00 from the Massachusetts Department of Environmental Protection for the City to serve as Host Community for the Municipal Assistance Coordinator (MAC) in Western District. This coordinator will provide technical assistance to the Western Massachusetts region, including Pittsfield, to help increase recycling, com posting, reduce household hazardous waste and continue providing regional coordination. This grant represents an extension of a 3 year commitment for this MAC position.

Respectfully,

,_.,............-'i::~m t issioner / Department of Public Services & Utilities

CC: Matthew Kerwood, Finance Director Allison Crespo, City Accountant

No. - --

cteitp of ~ttt~fitlb M A S S A C H U S E T T S

IN CITY COUNCIL

AN ORDER

AUTHORIZING THE CITY OF PITTSFIELD TO ACCEPT A GRANT OF FUNDS IN THE AMOUNT OF $95,515.00 FROM THE MASSACHUSETTS DEPARTMENT OF

ENVIRONMENTAL PROTECTION

Ordered:

That the City of Pittsfield, by and through the Mayor and City Council, is hereby authorized to accept a grant of funds in the amount of Ninety Five Thousand Five Hundred and Fifteen Dollars $95,515.00 from The Massachusetts Department of Environmental Protection and that said funds may be expended pursuant to Massachusetts General Laws, Chapter 44, Section 53A and in accordance with the provisions of the grant, a copy of which attached to the Order.

Municipal Assistance Host Communitv Grant Between the City of Pittsfield &

Massachusetts Department of Environmental Protection

Grant Extension: FY21- FY23 Scope of Services and Budget

This Scope of Services shall cover the period of July 1, 2020 through June 30, 2023.

Background: On June 12, 2017 the Massachusetts Department of Environmental Protection (MassDEP) awarded the City of Pittsfield a grant to serve as the Host Community for the Municipal Assistance Coordinator in the Western District. This award was based on the application that Pittsfield submitted in response to MassDEP's solicitation BD-17-1045 under the Sustainable Materials Recovery Program. The grant was awarded for a period of 3 years ending June 30, 2020 with an option for a 3-year extension, by mutual agreement, ending June 30, 2023. The City ofPittsfield and MassDEP are entering into this agreement for up to 3 additional years to carry out the scope of work in the original grant, as described below. Annually, MassDEP will provide the City of Pittsfield with a new grant budget for the subsequent year. Grant funds will be used to compensate the Municipal Assistance Coordinator and cover other allowable expenses as described in the Host Responsibilities section below.

Overview: The City of Pittsfield (hereinafter "Host") shall compensate Veronique Blanchard for performance of duties as a Municipal Assistance Coordinator ("Coordinator"). Should the existing Coordinator leave the position during the course of this grant, MassDEP will assist the Host in soliciting applicants and selecting a qualified candidate to fill the position in a mutually agreeable timeframe. The Municipal Assistance Coordinator will provide technical assistance and support to municipalities to increase recycling, composting, and reuse, reduce the toxicity ofthe waste stream and foster regional cooperation and innovative approaches to waste reduction. The Coordinator will work with the communities in Attachment A- (List of District Communities).

The Coordinator will act under the supervision of MassDEP and will conduct various activities targeted at helping municipalities establish and maintain effective recycling and waste reduction programs. In addition, through MassDEP's Sustainable Materials Recovery Program, the Coordinator will be assigned to work with grantees (municipalities and regional groups) to assist with the implementation of selected waste reduction initiatives. The Coordinator shall also provide assistance to the Host on matters relating to solid waste management, recycling, composting, hazardous household waste, and other items as approved by MassDEP.

Host Responsibilities

I) Indicate the employment status between the Host and the Coordinator (Veronique Blanchard). Check one box below:

0 Contractor: the Coordinator shall be paid as a Contractor. As such, the Coordinator will pay self-employment tax (Social Security and Medicare). The Coordinator will document payment of self-employment tax to the Host when requesting reimbursement.

0 Employee: the Coordinator shall be paid as an employee of the Host Community. The Host shall be responsible for payment of the employer portion of Social Security and Medicare.

DEP Host Community Grant Page 1

2) Provide the Coordinator with a workspace and access to, or reimbursement for, office supplies, postage, voice mail, internet access, computer and peripherals. Ifthe Host and Coordinator agree that the Coordinator will work exclusively from a home office, the Host shall reimburse Coordinator for the above documented costs on a monthly basis.

3) Receive invoices or timesheets from Coordinator and provide bi-weekly compensation (preferably by direct deposit) as per terms described below.

a) The grant provides for a maximum of 1,800 hours per fiscal year (July !-June 30) to be worked by the Coordinator. The Host shall invoice MassDEP monthly, in arrears, for the actual hours worked by the Coordinator during the previous month. An hourly rate of $42.70 has been established to cover the salary of the Coordinator for a total of$76,860 in FY2021.

b) Exactly $750 per month ($9,000 per year) has been allocated for Host administrative expenses, Coordinator office expenses (described in item 2 above), and any benefits as agreed to by the Host. The Host shall invoice MassDEP $750 per month for this line item.

c) Up to $2,875 per year for travel and related expenses of the Coordinator (parking, tolls, preapproved conference/workshop fees) and, as pre-approved by MassDEP, the purchase of durable office equipment and other approved expenses when needed. The Host shall reimburse the Coordinator for personal vehicle mileage as required to fulfill the responsibilities of the position. MassDEP reserves the right to transfer durable office equipment purchased from these funds (e.g., computers, printers, fax machines, etc.) to another Host should this grant be terminated for any reason.

d) Up to $5,880 (7.65% of earnings) for Social Security and Medicare in FY2021. This expense will either be paid by the Host on behalf of the Coordinator in a Host/Employee relationship or the Host will reimburse the Coordinator for self-employment tax paid (up to $5,880) in a Host/Contractor relationship. The Host shall invoice MassDEP not less than quarterly for this expenditure.

e) $900 cellphone allowance, billable at $75 per month to MassDEP.

4) Submit a monthly invoice to MassDEP for items a), b) and e) above. Invoice MassDEP at least quarterly for items c) and d) above. Invoices must be received no later than 20 days after the close of the monthly billing period unless advance arrangement is made with MassDEP.

Grant Budget for FY2021 (year ending June 30, 2021)

The maximum obligation for the Host Community grant in FY21 is $95,515 as itemized below:

Coordinator Salary: Host Admin/Office/Health: Travel/equipment: Cell Phone Allowance Social Security/Medicare:

DEP Host Community Grant

$76,860 ($42.70/hour up to 1800 hours) $ 9,000 ($750 per month x 12 months) $ 2,875 $ 900 ($75 per month x 12 months) $ 5,880 (7.65% of earned salary)

Page 2

Grant Budget for FY2022 and FY2023: Coordinator salary and grant budget will be provided to Host by MassDEP no less than 30 days prior to start of fiscal year.

Attachment A: List of District Communities

IN WITNESS WHEREOF, the City of Pittsfield hereby accepts the Host Community Grant and this Scope of Work:

Name (please print) Title

Signature Date

The Massachusetts Department of Environmental Protection hereby approves the Host Community grant award and Scope of Work:

Name (please print) Title

Signature Date


jWestern District Communities !Hatfield ~Hawley

Heath

!Adams )Hinsdale

JAgawam jHolland !Alford ~ Holyoke

!Amherst ,Huntington

/Ashfield ~Lanesborough

]Becket jLee !Belchertown '[Lenox

!Bernardston '!Leverett

!Blandford ,!Leyden !Brimfield ',Longmeadow

JBuckland ~Ludlow

ICharlemon '!Middlefield

!Cheshire ;!Monroe

jChester lMonson 1Chesterfield !Montague

/Chicopee :1Monterey

!Clarksburg jMontgomery

/Colrain !Mount Washington

!Conway 1New Ashford

/Cummington 11New Marlborough ____ j r:o_a_lt_o_n ______________________________ ~I_N_e_w_S_a_l_e_m ____________________________ ~

Deerfield rorth Adams !East Longmeadow Northampton

!Easthampton Northfield

!Egremont ·~orange

JErving ,Otis ~--=---------------------------------- -- ·------!Florida Palmer i JGill Pelham

jGoshen Peru

!Granby Pittsfield iGranville Plainfield

JGreat Barrington Richmond

1Greenfield ,Rowe

!Hadley Russell

:Hampden Sandisfield

i,H_a_n_co_c_k _______________________________ --, ~~~oy ____ .. ·-------------.. ··------.. ....... -................ ____ .................. ............... .. )Sheffield --- - -- ----- ·-------·- ..

DEP Host Community Grant Page4

r--------------------------------------JShelburne

!Shutesbury

JSouth Hadley

!Southampton

!Southwick

!Springfield

\Stockbridge

!Sunderland

!Tolland

!Tyringham

!Wales

iWarwick

!Washington

1Wendell

jWest Springfield

!West Stockbridge I

!Westfield

\Westhampton

!Whately

!Wilbraham

jWilliamsburg

JWilliamstown

:Windsor


Linda M. Tyer Mayor

THE CITY OF PITTSFIELD OFFICE OF THE MAYOR

70 Allen Street, Pittsfield, MA 0 120 1 (413) 499-9321 • [email protected]

June 3, 2020


Dear Councilors,

Submitted herewith for your consideration is an Order to accept a donation of funds in the amount of $60,000.00 from the Housatonic Valley Association the Churchill Brook Culvert Replacement Project over Churchill Street.

LMT/CVB Enclosure

Rj~ectfu~ly submitted,

cnrrd.LL m.~ Lmdli'M. Tyer, May~

CITY OF PITTSFIELD DEPARTMENT OF PUBUC SERVICES & UTILITIES, 100 NORTH ST, PITTSFIELD, MA 01201 413-499-9330

June 2, 2020

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

Dear Mayor Tyer:

Submitted herewith for your consideration is an order authorizing the City of Pittsfield to accept a donation in the amount of up to Sixty Thousand Dollars ($60,000.00) from Housatonic Valley Association. The donation has been acquired by HVA from the Housatonic River Natural Resources Damages Fund. This donation is specific to activities in support of the Churchill Brook Culvert Replacement Project on Churchill Street and is specific to the following activities:

• $10,000 - In support of the acquisition of all necessary easements. • Up to $50,000 -As contingency funding for the project.

Respectfully submitted

-( I / "' ../f9eardo ~orales

/'"'Commissioner ./ Department of Public Services & Utilities

Cc: Matt Kerwood, Finance Director

cteltp of ~ltt~ftelb No. M A S S A C H U S E T T S ---

IN CITY COUNCIL

AN ORDER

AUTHORIZING THE CITY OF PITTSFIELD TO ACCEPT A DONATION OF FUNDS IN THE AMOUNT OF UP TO $60,000.00 FROM THE HOUSATONIC VALLEY

ASSOCIATION

Ordered:

That the City of Pittsfield, by and through the Mayor and City Council, is hereby authorized to accept a donation of funds in the amount of up to Sixty Thousand Dollars ($60,000.00) from the Housatonic Valley Association to be used for the Churchill Brook Culvert Replacement Project over Churchill Street and that said funds may be expended pursuant to Massachusetts General Laws, Chapter 44, Section 53A and in accordance with the provisions of the donation, a copy of which is attached to the Order.

Housatonic Valley Association

HVA

!50 :Kt•nl R o•td P0Hox2R CMnwall Bridge. CJ l l(>'5-t I'= .gMt} 6'72 . c.6~s

May 28, 2020

Ricardo :Vforale'>

\!erwin llou•c H \lain ;)trc\ t

PO Hox .+?<i :,t<xkhridl!,\.:. \[.\ 11121,2 T: 't)'\1 2')il -((~.f

Commissioner of Public ( ;tilities and Services City Hall 70 .\Hen St Pittsfield, ~L\ 01201

Mr. ~Ioraks,

r Fnnuce lhnl Roall PO Hm •. 11' \'fass&il.~, ;-... Y 1251.1:2 T: t.R1:;.) . ~.f2 .! W'l

.\s we've discussed, HV,\ has received funding for the Churchill Brook Culvert Replacement Project from Housatonic Riwr Natural Resources Damage~ Fund. 510,000 to support the City'1:< ac,tuisition of easements necessan to complete this project is included in the budget. In addition, up to ~50,000 in conting(;;ncy fund!> are available to help cover any unanticipated expenses related to construction.

1bcse funds art· accessible w the City upon provision of an invoice that includes a brief written justification and any relevant supporting documentation.

Sincerclv

~ fl Michael Jastrcmski

Watershed Consen arion Dir-:ctor Hou:-.atonic Valley .\'iSociation PO Box 496, 14 f\1ain Street Stockbridge, :\t\ tJ1262

Cc: Rebecca :vfamhip Rob Van Der Kar

..,... I , . .!m mort :1bou1 '"''rkpl.tu. (,'1Yin~ .n \VWW.(';lflh·.hart:m'\YcllL,LlnJ.or/- F thShar~

Linda M. 'I)rer Mayor



June 3, 2020


Dear Councilors,

Submitted herewith for your consideration are two Orders related to the Churchill Street Culvert Replacement Project over Churchill Brook:

1. An order for a permanent easement for the property owned by John A. Barry, Jr. and Karen Barry at 0 Churchill Street (Map 015-1-5) for the amount of $370.00.

2. An order for a temporary easement for the property owned by Thomas H. Donovan at 0 Churchill Street (Map E16-1-2) for the amount of $20.00.

LMT/CVB Enclosure

R~s ectfully submitted,

~Jnrl~fh-~ l d!IA~er, MayotJ

CITY OF PITISFIELD DEPARTMENT OF PUBLIC SERVICES & UTILITIES, 100 NORTH ST, PITTSFIELD, MA 01201 413-499-9330

June 1, 2020

TO THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL:

Submitted herewith for your approval are the following Orders for the Churchill Street Culvert Replacement Project over Churchill Brook:

One (1) Permanent Easement for the property owned by:

John A. Barry, Jr., and Karen Barry at 0 Churchill Street (MAP 015-1-5) for the amount of $370.00

One (1) Temporary Easements, for the property owned by:

Thomas H. Donovan at 0 Churchill Street (MAP E16-1-2) for the amount of $20.00

These takings and easements are necessary to complete the construction work and are required to be secured prior to advertising the project, which is scheduled for Saturday June 29th 2020.

Sincerely,

No. _ _ _

C!Cttp of l)itt~ftelb M A S S A C H U S E T T S

IN CITY COUNCIL

AN ORDER

TAKING BY EMINENT DOMAIN OF A PERMANENT EASEMENT, IN CONNECTION WITH THE CHURCHILL BROOK CULVERT PROJECT, THROUGH

LAND OF THE PROPERTY OWNERS LISTED BELOW, IN PITTSFIELD, MASSACHUSETTS

Ordered:

NOW THEREFORE, the City Council, acting for and on behalf of the City of Pittsfield by virtue of and in accordance with the authority and provisions of M.G.L.A. Chapter 40, Section 14, Chapter 43, Section 30 and Chapters 79 and 83 and all other acts, statutes, laws and ordinances or other parts thereof applicable thereto, does hereby vote, declare, specify and ORDER:

A. That the City Council of the City of Pittsfield does hereby take by eminent domain, for and in behalf of said City under the provisions of M.G.L.A. Chapter 40, Section 14, Chapter 43, Section 30 and Chapters 79 and 83, and all other acts, statutes, laws and ordinances or other parts thereof applicable thereto, and award damages for a permanent easement for a municipal purpose, namely the construction of the Churchill Brook culvert on Churchill Street ("The Project"), and hereby takes a permanent easement in, on, upon, over, under, across, and through land located as described below, including non commercial sign improvements, trees and shrubs located thereon, and as shown on the plan titled "Easement Plan Prepared for the City of Pittsfield, Churchill Street, Pittsfield, MA" dated January 7, 2020, prepared by Foresight Land Services, Inc., which plan is on file with the Engineering Division of the Department of Public Utilities, City of Pittsfield, 100 North Street, Pittsfield, Massachusetts.

Permanent Easement (PE): A portion of a certain parcel of land with an area of approximately 1487 square feet, at the northeast comer of the property, supposed to be owned by John A. Barry, Jr., and Karen Barry by deed recorded with the Berkshire Middle District Registry of Deeds in Book 1497 Page 580, as shown on the plans referenced above.

Although said parcel is as stated above belonging to named owners, the ownership of said parcels is stated herein only insofar as said ownership is known or has been determined by City Council, and accordingly, is so state and shown only as a matter of information and belief.

It is ORDERED that the City of Pittsfield award the sum of THREE HUNDRED SEVENTY DOLLARS AND ZERO CENTS ($3 70.00) to John A. Barry, Jr., and Karen Barry for damages sustained by the owner/owners and mortgagees of record and other as requires by law, having an interest in the area or areas hereinbefore described in the taking of or injury to his/their/its property by reason of the taking of the permanent easement taken for construction of the Project, including any improvements, trees or shrubs.

Such permanent easement is taken subject only to such interest of mortgagees and others as required by law, and are subject to prior payment of any unpaid taxes, water and sewer use charges, betterments, if any, to the City of Pittsfield, MA.

It is further ORDERED:

that the City Treasurer be and is hereby authorize to pay said sums to the owners of the parcel specified above, or to their heirs, successors, or assigns when the same shall become payable as above provided;

that no damages be awarded, other than those above mentioned, inasmuch as no other damages will be sustained by any person, firm, or corporation in their land abutting the public way by reason oflaying out and construction of the project within the limits described herein;

that the above referenced parcel shall be taken permanently as of the date of recording.

that the City Clerk, in the name and on behalf of the City, is hereby directed to give notice in compliance with Chapter 79 of the Massachusetts General Laws;

that within 30 days after the adoption of this order, the City Clerk is hereby ordered to certify and record a copy hereof in the Berkshire Middle District Registry of Deeds.

That the City of Pittsfield by its Mayor and City Council is further authorized to execute any and all documents necessary to implement this order.

No. ___ _

C!Cttp of tlttt£Sftelb M A S S A C H U S E T T S

IN CITY COUNCIL

AN ORDER

TAKING BY EMINENT DOMAIN OF A TEMPORARY EASEMENT, IN CONNECTION WITH THE CHURCHILL BROOK CULVERT PROJECT, THROUGH

LAND OF THE PROPERTY OWNERS LISTED BELOW, IN PITTSFIELD, Ordered: MASSACHUSETTS

NOW THEREFORE, the City Council, acting for and on behalf of the City of Pittsfield by virtue of and in accordance with the authority and provisions of M.G.L.A. Chapter 40, Section 14, Chapter 43, Section 30 and Chapters 79 and 83 and all other acts, statutes, laws and ordinances or other parts thereof applicable thereto, does hereby vote, declare, specify and ORDER:

A. That the City Council of the City of Pittsfield does hereby take by eminent domain, for and in behalf of said City under the provisions of M.G.L.A. Chapter 40, Section 14, Chapter 43, Section 30 and Chapters 79 and 83, and all other acts, statutes, laws and ordinances or other parts thereof applicable thereto, and award damages for a temporary easement for a municipal purpose, namely the construction of the Churchill Brook culvert on Churchill Street ("The Project"), and hereby takes a temporary easement in, on, upon, over, under, across, and through land located as described below, including non commercial sign improvements, trees and shrubs located thereon, and as shown on the plan titled "Easement Plan Prepared for the City of Pittsfield, Churchill Street, Pittsfield, MA" dated January 7, 2020, prepared by Foresight Land Services, Inc., which plan is on file with the Engineering Division of the Department of Public Utilities, City of Pittsfield, 100 North Street, Pittsfield, Massachusetts.

Temporary Easement (TE): A portion of a certain parcel of land with an area of approximately 810 square feet, at the southwestern comer of the property, supposed to be owned by Thomas H. Donovan by deed recorded with the Berkshire Middle District Registry of Deeds in Book 6092 Page 214, as shown on the plans referenced above.

Although said parcel is as stated above belonging to named owners, the ownership of said parcels is stated herein only insofar as said ownership is known or has been determined by City Council, and accordingly, is so state and shown only as a matter of information and belief.

It is ORDERED that the City of Pittsfield award the sum of TWENTY DOLLARS AND ZERO CENTS ($20.00) to Thomas A. Donovan for damages sustained by the owner/owners and mortgagees of record and other as requires by law, having an interest in the area or areas hereinbefore described in the taking of or injury to his/their/its property by reason

of the taking of the temporary easement taken for construction of the Project, including any improvements, trees or shrubs.

Such temporary easement is taken subject only to such interest of mortgagees and others as required by law, and are subject to prior payment of any unpaid taxes, water and sewer use charges, betterments, if any, to the City of Pittsfield, MA.

It is further ORDERED:

that the City Treasurer be and is hereby authorize to pay said sums to the owners of the parcel specified above, or to their heirs, successors, or assigns when the same shall become payable as above provided;

that no damages be awarded, other than those above mentioned, inasmuch as no other damages will be sustained by any person, firm, or corporation in their land abutting the public way by reason oflaying out and construction of the project within the limits described herein;

that the above referenced parcel shall be taken temporarily for a duration of Three (3) years as of the date of recording.

that the City Clerk, in the name and on behalf of the City, is hereby directed to give notice in compliance with Chapter 79 of the Massachusetts General Laws;

that within 30 days after the adoption of this order, the City Clerk is hereby ordered to certify and record a copy hereof in the Berkshire Middle District Registry of Deeds.

That the City of Pittsfield by its Mayor and City Council is further authorized to execute any and all documents necessary to implement this order.

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THIS CERTIFICATION IS I~NOEO TO MEeT t:IEGISTRY OF DEEDS REQUIREMENTS AND IS NOT A CERTJFJCATJON TO THE Tm.E OR OWNERSHIP OF 111E PROPERTY SHOWN . OWNERS OF ADJOINING PROPERTIES AR~ SHOWN ACCORDING TO CURRENT MUNICIPAL ASSESSOR'S RI:COROS, AND/OR AEFEAJ:NCES IN LOCUS DEED.

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Prepared For

CITY OF PITTSFIELD

FORESIGHT ~ ~ ~~SER;:=~-{lAM:l~...,._...~

Linda M. Tyer Mayor

THE CI'IY OF PITTSFIELD OFFICE OF THE MAYOR


June 4, 2020


Dear Councilors,

Submitted herewith for your consideration is an Order to accept a grant of funds in the amount of $92,531 from the United States Department of Justice, Office of Justice Programs for the FY20 Coronavirus Emergency Supplemental Funding Program Grant.

LMT/CVB Enclosure

CITY OF PITTSFIELD

POLICE DEPAIJTMENT

POLICE HEADQUARTERS, 39 ALLEN STREET, PITTSFI~LD, MASSACHUSETTS 01201 (413) 448-9700, FAX (413) 448.9733

OFFICE OF THE CHIEF OF POUCE

PROFESSIONALISM • ETHICS • INTEGRITY· SENSITIVITY· ACCOUNTABILITY

Honorable Linda Tyer Mayor-City of Pittsfield 70 Allen St Pittsfield, MA 01201

Dear Mayor Tyer,

June 4, 2020

Submitted for your consideration is an authorization requesting that the City of Pittsfield accept a FY20 Coronavirus Emergency Supplemental Funding Program Grant in the amount of $92,531.00 from the United States Department of Justice, Office of Justice Programs to the Pittsfield Police Department. ·


1!UJ~~(!Mif) Michael J. Wynn Chief of Police

"DEDICATED TO EXCELLENCE"

(413) 448-9717

No. - --

((ttp of ~ttt!)fttlb M A S S A C H U S E T T S

IN CITY COUNCIL

AN ORDER

AUTHORIZING THE CITY OF PITTSFIELD TO ACCEPT A GRANT OF FUNDS IN THE AMOUNT OF $92,531.00 FROM THE UNITED STATES DEPARTMENT OF

JUSTICE, OFFICE OF JUSTICE ASSISTANCE

Ordered: That the City of Pittsfield, acting through its Mayor and City Council, and pursuant to M.G.L. Chapter 44, Section 53A, is hereby authorized to accept a FY20 Coronavirus Emergency Supplemental Funding Program Grant in the amount of $92,531.00 from the United States Department of Justice, Office of Justice Programs to the Pittsfield Police Department.

Office of the Assistant Attorney General

June 3, 2020

The Honorable Linda Tyer City of Pittsfield 39 Allen Street Pittsfield, MA 01201-6226

Dear Mayor Tyer:

Department of·Justice (DOJ)

Office of Justice Programs

Washington, D.C. 20531

On behalf of Attorney General William P. Barr, it is niy pleasure to inform you that the Office of Justice Programs (OJP), U.S. Department of Justice (DOJ), has approved the application by City of Pittsfield for an award under the OJP funding opportunity entitled "BJA FY 20 Coronavirus Emergency Supplemental Funding Program." The approved award amount is $92,531. These funds are for the project entitled Pittsfield COVID-19 Emergency Response.

The award document, including award conditions, is enclosed. The entire document is to be reviewed carefully before any decision to accept the award. Also, the webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding!Explore/LegalNotices-AwardReqts.htm) is to be consulted prior to an acceptance. Through that "Legal Notices" webpage, OJP sets out -- by funding opportunity - certain special circumstances that may or will affect the applicability of one or more award requirements. Any such legal notice pertaining to award requirements that is posted through that webpage is incorporated by reference into the award.

Please note that award requirements include not only award conditions, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. Because these requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds), it is vital that all key staff know the award requirements, and receive the award conditions and the assurances and certifications, as well as the application as approved by OJP. (Information on all pertinent award requirements also must be provided to any subrecipient of the award.)

Should City of Pittsfield accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds.

Please direct questions regarding this award as follows:

- For program questions, contact Zafra Stork, Program Manager at (202) 598-1483; and

- For financial questions, contact the Customer Service Center of OJP's Office of the Chief Financial Officer at (800) 458-0786, or at [email protected].

We look forward to working with you.

Sincerely,

Katharine T. Sullivan

Principal Deputy Assistant Attorney General

Encl.

June 3, 2020

The Honorable Linda Tyer City of Pittsfield 39 Allen Street Pittsfield, MA 0 I 201-6226

Dear Mayor Tyer:

Department of Justice (DOJ)


Office of Civil Rights

Washington, DC 20531

Congratulations on your recent award. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, require recipients of federal fmancial assistance to give assurances that they will comply with those laws. In addition to those civil rights laws, many grant program statutes contain nondiscrimination provisions that require compliance with them as a condition of receiving federal financial assistance. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with OJP and other DOJ awards, see https://ojp.gov/funding!Explore!LegalOverview/CivilRightsRequirements.htm

Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a nondiscriminatory manner to their service population or have employment practices that meet equal-opportunity standards.

If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (I} complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5). Please submit information about any adverse finding to the OCR at the above address.

We at the OCR are available to help you and your organization meet the civil rights requirements that are associated with OJP and other DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to let us know.

Sincerely,

Michael L. Alston

Director

cc: Grant Manager Financial Analyst



Bureau of Justice Assistance

I. RECIPIENT NAME AND ADDRESS (Including Zip Code)

City of Pittsfield 39 Allen Street Pittsfield, MA 01201-6226

2a. GRANTEE IRSNENDOR NO.

046001408

2b. GRANTEE DUNS NO.

781697727

3. PROJECT TITLE Pittsf..,ld COVID-19 Emergency Response

12. SPECIAL CONDITIONS

Grant

8. SUPPLEMENT NUMBER

00

9. PREVIOUS AWARD AMOUNT

10. AMOUNT OF THIS A WARD

II. TOTAL AWARD

PAGE I OF 16

TO 01131/2022

TO 01/31/2022

?. ACTION

Initial

$0

$92,531

s 92,531

THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDmONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S).

13. STATUTORY AUTHORITYFORGRANT

This projoct is supported undtor FY20(BJA- CESF) Pub. L. No. 116-136, Div. B; 28 U.S.C. 530C

14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number)

16.034 - Coronavirus Emergency Supplemental Funding Program

15. METHOD OF PAYMENT

GPRS

16. TYPED NAME AND TITLE OF APPROVING OFFICIAL

Katharine T. Sullivan

Principal Deputy Assistant Attorney General

17. SIGNATURE OF APPROVING OFFICIAL

20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. DIV. YEAR CODE ACT. OPC. REG. SUB. POMS AMOUNT

X B VD 80 00 00 92531

OJP FORM 400012 (REV. 5-87) PREVIOUS EDffiONS ARE OBSOLETE.

OJP FORM 400012 (REV. 4-88)

18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL

Linda Tyer Mayor

OF AUTHORIZED RECIPIENT OFFICIAL 19A.DATE




PROJECT NUMBER 2020-VD-BX-1034

AWARD CONTINUATION SHEET

Grant

AWARD DATE 06/03/2020

SPECIAL CONDITIONS

1. Requirements of the award; remedies for non-compliance or for materially false statements

PAGE 2 OF 16

The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award.

Limited Exceptions. In certain special circumstances, the U.S. D~ent of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or wilt be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award.

By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance.

Failure to comply with one or more award requirements- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate.

Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273}, and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).

Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award.

OJP FORM 4000/2 (REV. 4-88)




PROJECTNUMBER 2020-VD-BX-1034


Grant

AWARD DATE 06103/2020

SPECIAL CONDITIONS

2. Applicability of Part 200 Uniform Requirements

PAGE 3 OF 16

The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2020 award from OJP.

The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2020 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2020 award. ·

For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.

Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies-- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333.

In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.

3. Compliance with DOJ Grants Financial Guide

References to the OOJ Grants Financial Guide are to the OOJ Grants Financial Guide as posted on the OIP website (currently, the "OOJ Grants Financial Guide" available at https://ojp.gov/financialguide!DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.

4. Reclassification of various statutory provisions to a new Title 34 of the United States Code

On September l, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.

Effective as of September 1, 2017, any reference in this award docmnent to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statotory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements.

01P FORM 4000/2 (REV. 4-88)






Grant


SPECIAL CONDffiONS

5. Required training for Point of Contact and all Financial Points of Contact

PAGE 4 OF 16

Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully compl~ted an "OJP fmancial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January I, 2018, will satisfy this condition.

In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after - (I) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January I, 2018, will satisfy this condition.

A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https:/lwww.ojp.gov/trainingltints.btm. All trainings that satisfy this condition include a session on grant fraud prevention and detection.

The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award.

6. Requirements related to "de minimis" indirect cost rate

A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(1), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defmed by the Part 200 Uniform Requirements.

7. Requirement to report potentially duplicative funding

If the recipient currently bas other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding.

OJP FORM 4000/2 (Rl!V. 4-88)






Grant


SPECIAL CONDITIONS

8. Requirements related to System for Award Management and Universal Identifier Requirements

PAGE 5 OF 16

The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https:!/www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM.

The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier suhrecipients (first-tier "subgrantees"), including restrictions on suhawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.

The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.

This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).

OJP FORM 4000/2 (REV. 4-88)



Bureau of Justice Assistance AWARD CONTINUATION

SHEET

PROJECTNUMBER 2020-VD-BX-1034 AWARD DATE

SPECIAL CONDITIONS

9. Employment eligibility verification for hiring under the award

I. The recipient (and any subrecipient at any tier) must--

Grant

06/03/2020

PAGE 6 OF 16

A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subreeipient) properly verifies the employment eligibility of the individual who is being hired, consistent with tbe provisions of8 U.S.C. 1324a(a)(l) and (2).

B. NotifY all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both--

(1) this award requirement for verification of employment eligibility, and

(2) the associated provisions in 8 U.S.C. 1324a(a)(l) and (2) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens.

C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. l324a( a)(l) and (2).

D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.

2. Monitoring

The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

3. Allowable costs

To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.

4. Rules of construction

A. Staff involved in the hiring process

For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.

B. Employment eligibility conimnation withE-Verity

For purposes of satisfYing the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verity (www.e-verity.gov), provided an appropriate person authorized to act on behalf of the recipient (or subreeipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to conimn employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds.

C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.

D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or

OJP FORM 4000/2 (REV. 4-118)

I






Grant

AWARD DATE 06/0312020

SPECIAL CONDITIONS

PAGE 7 OF 16

any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.

E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(l) and (2).

Questions about E-VerifY should be directed to DHS. For more information about E-VeritY visit the E-VeritY website (https://www.e-verify.gov/) or email E-Verify at [email protected]. E-Verify employer agents can email EVerify [email protected].

Questions about the meaning or scope of this condition should ·be directed to DIP, before award acceptance.

10. Requirement to report actual or imminent breach of personally idimtifiable information (PD)

The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (O:MB M-17-12) if it (or a subrecipient) - (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (PD)" (2 CFR 200. 79) within the scope of an OIP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OIP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.

11. All subawards ("subgrants") must have specific federal authorization

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that - for purposes of federal grants administrative requirements - DIP considers a "subaward" (and therefore does not consider a procurement "contract").

The details of the requirement for authorization of any subaward are posted on the OIP web site at https://ojp.gov/funding/Explore/Subaward.Authorization.htm (Award condition: All subawards ("subgrants") must have ~ecific federal authorization), and are incorporated by reference here.

12. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that-- for purposes of federal grants administrative requirements --DIP considers a procurement "contract" (and therefore does not consider a subaward).

The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OIP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here.

OIP FORM 4000/2 (REV. 4-88)




PROIECT NUMBER 2020-VD-BX-1034


Grant


SPECIAL CONDIDONS

13. Unreasonable restrictions on competition under the award; association with federal government

PAGE 8 OF 16

SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or in part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of this condition must be among those included in any subaward (at any tier).

1. No discrimination, in procurement transactions, against associates of the federal government

Consistent with the (DOJ) Part 200 Uniform Requirements -including as set out at 2 C.F.R. 200.300 (requiring awards to be "manage[ d) and administer[ed] in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 200.319(a) (generally requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and open competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on firms in order for them to qualifY to do business" and taking "[a]ny arbitrary action in the procurement process")-- no recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.3 19(a) or as specifically authorized by USDOJ.

2. Monitoring

The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

3. Allowable costs

To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.

4. Rules of construction

A. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at present) by or on behalf of the federal government-- as an employee, contractor or subcontractor (at any tier), grant recipient or -subrecipient (at any tier), agent, or otherwise-- in undertaking any work, project, or activity for or on behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, project, or activity (or to provide such goods or services) in future.

B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.

OJP FORM 4000/2 (REV. 4-88)






Grant


SPECIAL CONDITIONS

PAGE 9 OF 16

14. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award)

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defmed·(for purposes of this condition) as "employees" of the recipient or of any subrecipient.

The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding!Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.

15. Determination of suitability to interact with participating minors

SCOPE. This condition applies to this award if it is indicated-- in the application for the award (as approved by DOJ)(or in the application for any subaward. at any tier), the DOJ funding announcement (solicitation), or an associated federal statute --that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.

The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status.

The details of this requirement are posted on the OJP web site at https://ojp.gov/funding!Explorellnteract-Minors.htm (Award condition: Determination of suitability required. in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here.

t 6. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.

Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of"Postaward Requireinents" in the "DOJ Grants Financial Guide").

17. Requirement for data on performance and effectiveness under the award

The recipient must collect and maintain data that measure the performance and effectiveness of work under this award The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of2010, and other applicable laws.

18. OJP Training Guiding Principles

Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier - develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at bttps://ojp.gov/funding/lmplement/TrainingPrinciplesForGrantees-Subgrantees.htm.

OJP FORM 4000/2 (REV. 4-88)






Grant


SPECIAL CONDIDONS

19. Effect of failure to address audit issues

PAGE 10 OF 16

The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews ofOOJ awards.

20. Potential. imposition ofadditional requirements

The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate} during the period of performance for this award, if the recipient is designated as "highrisk" for purposes of the DOJ high-risk grantee list.

21. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination- 28 C.F.R. Part 42

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of28 C.F.R. Part 42 that relate to an equal employment opportunity program.


The recipient, and any subrecipien.t ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."


The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of28 C.F.R. Part 38 (as may be applicable ftom time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries.

Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations.

The text of28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin!ECFR?page=browse}, by browsing to Title 28-Judicial Administration, Chapter I, Part 38, under e-CFR "current" data.

OJP FORM 4000/2 (REV. 4-88)

Department of Justice (DOI)





Grant


SPECIAL CONDITIONS

24. Restrictions on "lobbying"

PAGE II OF 16

In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.)

Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations.

Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.

25. Compliance with general appropriations-law restrictions on the use offederal funds (FY 2020) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions that may be set out in applicable appropriations acts are indicated at bttps:l/ojp.gov/funding/ExploreiFY20AppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriation~ law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval ofOJP.

26. Reporting potential fraud, waste, and abuse, and similar misconduct

The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (I) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.

Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by-(1) online submission accessible via the OIG webpage at https://oigJustice.govlbotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATIN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ 010 Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).

Additional information is available from the DOJ OIG website at https://oig.justice.govlhotline.

01P FORM 400012 (REV. 4-88)





AWARD. CONTINUATION SHEET Grant


SPECIAL CONDITIONS

27. Restrictions and certifications regarding non-disclosure agreements and related matters

PAGE 12 OF 16

No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information.

The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified ~ormation), Fonn 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.

1. In accepting this award, the recipient-

a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and

b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.

2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both--

a. it represents that-

( 1 ) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and

(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and

b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prolubit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.

OJP FORM 400012 (REV. 4-88)






Grant


SPECIAL CONDITIONS

28. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)

PAGE 13 OF 16

The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation oflaw, rule, or regulation related to a federal grant.

The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.

Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.

29. Encouragement of policies to ban text messaging while driving

Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.

30. Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside ofDOJ

If the recipient is designated "high risk" by a federal grant-making agency outside ofDOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at [email protected]. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: I. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.

31. Signing Authority

This award must be signed by an authorized official of the applicant State, local, or tribal government, on behalf of that applicant State, unit oflocal government, or Tribe, unless the applicant designates an organizational unit to apply on its behalf. For example, if designated by a unit oflocal government, a Police Department or Sheriff's Office (or similar agency) may apply on behalf of the applicant jurisdiction, as long as the department, office, or agency is listed as the organizational unit on the SF-424. In that case, the bead of the designated organizational unit (such as a Police Chief or Sheriff) may sign the award Documentation of the designation by the appropriate governing body must be retained by the grant recipient.

32. The "Emergency Appropriations for Coronavirus Health Response and Agency Operations" law (Public Law 116-136) includes definitions, reporting requirements, and certain other provisions that apply (whether in whole or in part) to this award In addition, consistent with the CESF Program's purposes, which involve preparing for, preventing, and responding to the coronavirus national emergency, OJP will provide notice of any additional CESF program-specific grants administrative requirements on an award page, accessible at https://www.ojp.gov/funding/explore/CESFprogram-specific-condition, that is incorporated by reference here.

OJP FORM 4000/2 (REV. 4-88)






Grant


SPECIAL CONDITIONS

PAGE 14 OF 16

33. The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s).

34. FFATA reporting: Subawards and executive compensation

The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding!Explore!FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here.

This condition, including its reporting requirement, does not apply to-- (1) an award ofless than $25,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).

35. Required monitoring of subawards

The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award.

36. Use of program income

Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425.

37. Justice Information Sharing

Recipients are encouraged to comply any information-sharing projects funded under this award with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) is encouraged to conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https://it.ojp.gov/ gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information.

I 38. Avoidance of duplication ofnetworks

To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to extent possible, existing networks as the communication backbone to achieve interstate connectivity. n*·

01P FORM 400012 (REV. 4-88)




PROJECTNUMBER 202o-VD-BX-1034

AWARD CONTINUATION SHEET Grant


SPECIAL CONDITIONS

39. Compliance with National Environmental Policy Act and related statutes

PAGE IS OF 16

Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEP A), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these pwposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 1 00-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clan4estine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEP A may require the preparation of an Environmental Assessment and/ or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https:/ I bja.gov/ Funding/ nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity.

40. Establishment of interest-bearing account

If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish an interest-bearing account dedicated specifically to this award. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b){8)). The award funds, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Coronavirus Emergency Supplemental Funding (CESF) program. The recipient also agrees to obligate the award funds in the account(including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout.

41. Expenditures requiring prior approval

No funds under this award may be expended on individual items costing $500,000 or more, or to purchase Unmanned Aerial Systems (UAS), Unmanned Aircraft (UA), and/or Unmanned Aerial Vehicles (UA V) without prior written approval from BJA. Prior approval must be obtained post-award, through the submission and approval of a Grant Adjustment Notice (GAN} through OIP's Grant Management System (OMS).

01P FORM 4000/2 (REV. 4-88)






Grant


SPECIAL CONDmONS

PAGE 16 OF 16

42. Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after January 20, 2020

The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (January 20, 2020), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum- (I) the recipient makes a valid acceptance of the award, and {2) all applicable withholding conditions are removed by OJP (via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.)

Nothing in this condition shall be understood to authorize the recipient {or any subrecipient at any tier) to use award funds to "supplant" State or local funds.

43. Use of funds for DNA testing; upload of DNA profiles

If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CO DIS. No profiles generated under this award may be entered or uploaded into any nongovernmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into COOlS.

44. Body armor- compliance with NIJ standards and other requirements

Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor bas been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NU Compliant Body Armor Model List (bttps://nij.gov/topics/technologylbody-armor/Pages/compliant-ballistic-armor.aspx). In addition, ballisticresistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(l)(A). The latest NU standard information can be found here: https:/ I nij.gov/ topics/ technology/ body-armor/ pages/ safety-initiative.aspx.

OJP FORM 4000/2 (REV. 4-88)

Department of Justice (DOJ}



Washington, D.C. 10531

Memorandum To: Official Grant File

From: Orbin Terry, NEPA Coordinator

Subject: Categorical Exclusion for City of Pittsfield

The Coronavirus Emergency Supplemental Funding (CESF) Program allows eligible states, local units of government, and tribes to support a broad range of activities including preventing, preparing for, and responding to the coronavirus.

All recipients of CESF funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a sub-grantee or third party.

BJA' s expectation is that none of the following activities will be conducted whether under this federal award or a related third party action: (I) New construction (2) Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including property (a) listed on or eligible for listing on the National Register of Historic Places, or (b) located within a 100-year flood plain, a wetland, or habitat for an endangered species (3) A renovation that will change the basic prior use of a facility or significantly change its size (4) Research and technology whose anticipated and future application could be expected to have an effect on the environment (5) Implementation of a program involving the use of chemicals (including the identification, seizure, or closure of clandestine methamphetamine laboratories) other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments.

Consequently, the subject federal action meets the Office of Justice Programs' criteria for a categorical exclusion as contained in paragraph 4(b) of Appendix D to Part 61 of Title 28 ofthe Code ofFederal Regulations.

If, however, award funds are proposed to be used for any of the enumerated projects or activities above, grant recipients must contact their grant manager, and receive written approval prior to commencing that project or activity.

Questions about this determination may be directed to your grant manager or Orbin Terry, Environmental Coordinator for BJA.

Department of Justice (DOJ) GRANT MANAGER'S MEMORANDUM, PT. 1: Office of Justice ProgJBms

PROJECT SUMMARY Bureau of Justice Assistance

Grant

PROJECT NUMBER PAGE 1 OF 1

2020-VD-BX-1034

This project is supported under FY20(BJA- CESF) Pub. L. No. 116-136, Div. B; 28 U.S.C. 530C

1. STAFF CONTACT (Name & telephone number) 2. PROJECT DIRECTOR (Name, address & telephone number)

Zafra Stork Michael Wynn (202) 598-1483 Chief

39 Allen Street Pittsfield, MA 01201-6226 (413) 448-9717

3a. TITI.E OF TilE PROGRAM 3b. POMS CODE (SEE INSTRUCTIONS

BJA FY 20 Coronavirus Emergency Supplemental Funding Program ON REVERSE)

4. TITLE OF PROJECT

Pittsfield COVID-19 Emergency Response

5. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE

City of Pittsfield 39 Allen Street Pittsfield, MA 01201-6226

7. PROGRAM PERIOD 8. BUDGET PERIOD

FROM: 0112012020 TO: 01/31/2022 FROM: 01/20/2020 TO: 01/31/2022

9. AMOUNT OF AWARD IO.DATEOFAWARD

$92,531 06/03/2020

11 . SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT

13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT

15. SUMMARY DESCRIPTION OF PROJECT {See instructiOn on reverse)

Tbe Coronavirus Emergency Supplemental Funding (CESF) Program allows States, U.S. Territories, the District of Columbia, units of local government, and federally recogoized tribal governments to support a broad range of activities to prevent, prepare for, and respond to the coronavirus. Funded projects or initiatives may include, but are not limited to, overtime, equipment (including law enforcement and medical personal protective equipment), biring, supplies (such as gloves, masks, sanitizer), training, travel expenses (particularly related to the distribution of resources to the most impacted areas), and addressing the medical needs of inmates in state, local, and tribal prisons, jails, and detention centem.

NCA/NCF

OJP FORM 4000/2 (REV. 4-88)

Budget Summary

Budget.Summary

Note: Any errors detected on this page should be fixed on the corresponding Budget Detail tab.

Year1 Year2 Year3 Year4 Years (if needed} (if needed} (if needed) (if needed)

;;; ;;; iii iii iii -t;; Iii t: ! "l1- Iii t: "E .ii

... <OJ

"Eii ~ii fti't;; ... <OJ ~-i 8 G.l "'

Budget Category i ~ 1J ~ G.l = l ~ ~g ' G.I = ~ - :J t ~ 1J 8 iii · go ... .,. .1' i r. Z" 'tg" 1' i c g 1J i "" i' 0 u.rr:: s ~ ~:~.. c · o ·"' """' 15. rr:: u.rr:: o · "' ... rr:: . -~ . a: 1-z z z z z

A. Personnel $75,031 $0 $0 $0 $0 $0 $0 $0 $0 $0 $75,031

B. Fringe Benefits .$0 $0 $0 .. $6 $0 , . $0 $0 $0 $0 $0 $0 C. Travel $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 D. Equipment $i7,500 $0 $0 $0 $0 $0 $0 $0 $0 $0 $17,500 E. Supplies $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 F. ConstruCtion $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0

G. Subawards.(Subgrants) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0

. --H. Proct~rement Contracts $0 $0 $0 $0 $0 $0 $0 $0 $0 .so. $0

.. I. Other $0 $0 $0 $0 $0 $0 so so $0 $0 $0

Total D1re« Colts $$2,5!1, '~ :::... ' <$~ ' $Ci $0 $0 ~ $0 ' $0 $0 $0 $92,531

J. Indirect Costs $0 $0 $0 $0 $0 $0 $0 .$0 $0 $0 $0

Total ProJ- CQits $92,5J~ . . -$0 $0 $0 $0 ~- ~- $0 $0 $1) $92,531 Does this budget a;mtalirconfeninoi costs which 1$ defined brOadly to Include meetings, r~J .emtilaf$, syro~la. and i~lnlng actMtle$? • V/N ·l!lo.

1

Purpose Area #4

...

' .. '.

·sudget Deta/1- ~:.Year 1. ..

: .. ., · ..

'· .. ---' "" -~~

Does this budget contain conference costs which Is defined broadly to include meetings, retreats, seminars, symposia, and training activities?- Y/N DOJ Financial Guide Section 3.10l

A.· Personnel Name Position Computation

I

Ust each name, if known. List each .position, If known. Show onnua/salary rote & amount of t ime devoted to the project for each name/position.

Time Worlced ·Percentage of No~Federtll Federal Salaq . Rate (I#OfhtJINf, ~~ 111011ths, Time

Total Cost Contrlbutl~n

yeon} Request

Sworn police officer Officer Overtime $66,399.00 113 1% $75,031 $75,031

$0 . $0

$0 $0

$0 $0

$0 so

$0 $0

$0 $0

$1i $0

$0 $0

$0 $0

$0 $0

$0 $0

$0 $0

$0 $0

$0. $0 -

1

Purpose Area #4

$0 $0

$0 $0 I

'

$0 $0

$0 $0

Tot~l(s} $75,031 $0 $75~031

Narrative

The CESF Program funding will be used in year 1 for Police Officer (sworn) for overtime expenses related to Covid-19.

2

Purpose Area #4

B. Fringe Benefits I

Name Computation

Ust each grant-supponed pasition receiving fringe benefits. Show the basis for computation. I

Non-Federal Federal !

Bose Rote Total Cost Contribution Request

$0 $0 I

Toto/{s) $0 $0 $0 Norrathle l I

I

3

Purpose Area #4

C. Travel Purpose of Travel Location Type of Expense Basis Computation I

lndicore the purpose of each trip or Per day, mile,

type of trip (training, advisory Indicate the travel destination. Lodging, Meals, Etc:. trip, Etc.

Compute the cost of each type of expense X the number of people traveling. group meeting)

COst Qtiantlty . #of Staff #of

Total Cost N~deral Federol

r;lps . Contrlburlon RequeSt

N/A $0 $0

'fotal(s} $0 $0. $0

Narrative ' - - - --- -

4

Purpose Area #4

D.. Equipment I

Item Computation I

Ust and describe each Item of equipment that will be purchased COmpute the cast (e.g., the number of each Item ta be purchased X the CQst per Item} I

#of Items Unit. COSt TotoiCost N(m-Federal Federol

!

Contribution Request I

GENTEX STOHR LITE RESPIRATOR 100 $175.00 $17,500 $17,500 I

Totol(s} $17,500 $0 $17,500

Norrotlve I I

The Pittsfeld Police Department will distrubute one mask per officer as a result of the COVJD-19 pandemic. These masks are reusable and have a 99.97% filter effeciency. There are duel exhalation valves for easier breathing. The STOR is ambidestrous which allows the Officer to engage "off-hand" without interference.

5

Purpose Area #4

E. Supplies SUpply Items Computation

Provide a list of the types of Items to be purchased with gront funds. Describe the Item and the compute the costs. Computation: The number of each item to be purchased X the cost per item.

#of Items Unit Cost Total Cost Non-Fedeml Federtll Contribution Request ·

$0 $0

$0 $0

$D $D

Total(s} $0 $0 $0 Nal'f'Gtlve I The Pittsfeld Police Department will distrubute one STOR lite Respirator per officer as a result of the COVID-19 pandemic. These masks are reusable and have a 99.97% filter effeclency.

There are duel exhalation valves for easier breathing. The STOR is ambidestrous which allows the Officer to engage "off-hand" without interference.

6

Purpose Area #4

F. Construction Purpose Description of Work Computation

Provide the purpose of the Describe the construction project(s} Compute the costs (e.g., the number of each item to be purchased X the cost per item} construction

#~/Items Cost Total Cost Non-Federal Federal. Contribution- Request

$0 $0

·rotal(s}. $0 $0 $0 Narrotllle --' --- ---~- - --- --

7

Purpose Area #4

G. Subawards(Subgrants] Description Purpose Consultant?

Is the subaward for a consultant? 1/ yes, use

Provide a description of the acthlities to be corrled aut by Describe the purpose of the subaward (subgrant)

the section below to subrecipients. explain associated

travel expenses included In the cost.

Total COst Non•Federol Federal Contribution Request

$0

Total(s] $0 $0 $0 Consultant Trrlvel (If necessary)

Purpose of Travel Location Type of Expense Computation Indicate the purpose of each trip or

type of trip (training, advisory Indicate the trove/ destination. Hotel, airfare, per diem Compute the cost of each type of expense X the number of people traveling. group meeting)

Durot1on II of No~Feder111 Federal I Cost or. Staff

Total Cost Contribution

Distance Request

$0 $0

Total $0 $0 $0

Na110tlve

H. Procurement Controcts

Description I Purpose I Consultant? I

8

Purpose Area #4

Provide a description of the products or services to be procured by Is the subaward tor a

contract and an estimate of the casts. Applicants are encouraged to consult~nt? If yes, use

promote free and open competition In owarding contracts. A Describe the purpose of the contract the section below to

separate justification must be provided for sole source procurements explain associated

In excess of the Simplified Acquisition Threshold (currently $150,000}. travel expenses

Included in the cost.

Iota/Cost NoD-Federal Federol C.ontilbutlon Request

.$0

Total(s) $0 $0 $0 CoMultant Trrwel {If necesSGry}

Purpose of Travel Location Type of Expense Computation Indicate the purpose of each trip or

type of trip (training, advisory Indicate the travel destination. Hotel, airfare, per diem Compute the cost of each type of expense X the number of people traveling. group meeting) I

Duration II of Nim.Federal ·Federal

I

Cost or Staff

·rota1Co$t Contribution Request Dlstorrce

$0 $0

Total $0 $0 $0

NarratiVe

1. Other Costs Description Computation

List and describe Items that will be paid with grants funds (e.g. rent, reproduction, telephone, janitorial, or security services, and Show the basis for computation

Investigative or confidential funds}. - -- - --- ------

9

e .. tl a

~ g.

g

~ ~

-c

li!i .::

:s 0

.t~

0

i ~

:t8

i u C

> 0

i .,.

0

~ .,

";;' ::::::-

~ s

~

~

i. fi ... i ;

u

::; "' 1£ <

Ql

.!1! Ill

; 0 e-

CQ

0 rl

::I Q

..

Purpose Area #4

J. Indirect Costs· Description Computation

Describe what the approved rate Is and how It Is applied. Compute the. indirect costs for those portions of the progrom which allow such costs.

BtJSe lndlrea Cost Rtne . TotaiCO$t Ntm·FederGI Federal Contribution Request

$0 $0

Total(s) $0 $0 $0

Nalltltlve I

'

11

Benjamin, Michele

From: Sent: To:

Subject: Attachments:

Alex Blumin <[email protected]> Saturday, May 23, 2020 12:13 PM Benjamin, Michele; Moon, Helen; Persip Ill, Earl G.; Maffuccio, Anthony; White, Peter; Marchetti, Peter; Morandi, Kevin; Connell, Christopher; Kavey, Patrick; Guiel Lampiasi, Dina; Cohen, Yuki; Caccamo, Nicholas; Jonathan Levine; Bubriski Dave; Fredric Rutberg; Dodds, Justine; VanBramer, Catherine Tree trimming/cutting Petition fallen-tree-in-sunnyside.jpg; 12storm98.jpg; 920x920jpg; cooper_O.jpg; Dulwichtree_weath_2206400b.jpg; Storm-lnsurance-1 024x576.jpg; tree-damage-to-homeogjpg; tree-falls.jpg; treeonhouse-e1564435399704.jpg; wh-east-oakland-housegeiselmanjpg-2c8235359ee65094.jpg

CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

I, resident of City of Pittsfield, Alexander Blumin--petition City of Pittsfield Council to double or even triple monetary funding of tree cutting/ trimming program for residents and kids safety. City's trees grew very tall and wide spreading branches all over sidewalks and some branches overhanging Power lines. Great example is 2nd street-next after bridge- house#113(no actual number visible, but next to #111) with HUGE tree 120+ year-old --owner is low income elderly woman who even doesn't understand danger for pedestrians. She has no money for anything--lives on small pension. Still many city's own trees are badly overgrew --example is 8-10 Hamlin Street--where trees are taller than roof of 3 story house! People are being killed because of that negligence. https://weather.com/ Would you please, consider and approve an additional funding for tree cutting/trimming before somebody gets killed. Respectfully, Alex Blumin. Date: May23,2020.

1

CC29

<1Ii±ti of Jittsfirl{):

June 4 , 2020

To the City Council of the City of Pittsfield: -

The Committee ~ OF THE WHOLE

to whom was referred the COMMUNICATION FROM MAYOR TYER SUBMITTING AN ORDER TO AMEND THE

FISCAL YEAR 2020 COMMUNITY PRESERVATION BUDGET AND APPROPRIATE

AN AMOUNT OF $655,399.34

having considered the same, report and recommend that IT BE APPROVED. 11-0.


Peter M. Marchetti

Chairman

Linda M. Tyer Mayor



May 20, 2020


Dear Councilors,

Submitted herewith for your consideration is an Order to amend the Fiscal Year 2020 Community Preservation budget and appropriate an amount of $655,399.34.

LMT/CVB Enclosure


-

rd...tlffi. Ja M. Tyer, Ma~

CITY OF PITTSFIELD

COMMUNITY PRESERVATION COMMITTEE, CITY HALL, 70 ALLEN STREET, RM 205, PITTSFIELD, MA 01201

May 19,2020

Honorable Linda M. Tyer Mayor's Office 70 Allen Street Pittsfield, MA 01201

Re: Community Preservation Committee- FY2020 budget

Dear Mayor Tyer,

Enclosed please find an order amending the Fiscal Year 2020 budget recommended for approval by the Community Preservation Committee. The FY2020 budget increased based on a larger local commitment and larger disbursement from the Commonwealth than estimated last May. In the first two years of administration this order has included project funding recommendations. The Community Preservation Committee paused the funding process as a result of the COVID-19 pandemic and plans on resuming the process during this calendar year.

spectfully Submitted,

~ Dickson, Chair ~

JD/cjh

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

CITY OF PITTSFIELD

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

TO:

FROM:

DATE:

SUBJECT: budget CC:

City Council

C.J. Ross, City Planner

May 19,2020

Community Preservation Committee - FY2020 budget amendment and FY2021

Deanna Ruffer, Director

Fiscal Year 2020 Budget

Last June, the City Council adopted an overall budget of $512,796.20 for the Fiscal Year 2020 administration of the Community Preservation Act (or "CPA"). This included an estimated local surcharge of$420,000, state match of$51,034.46, and a carry-over reserve from FY2019. The amended budget has increased to $655,399.34. The increase is largely due to the following:

1) The City Council's rejection of the pickleball project from last year- the Fiscal Year budgets are based on the approval of the projects put forward by the Community Preservation Committee;

2) An increase of over $50,000 from the estimated surcharge collection and the actual collection; and

3) The disbursement from the Commonwealth increased by approximately $50,000.

Adjustments were made to each of the funding areas based on the above increases based on the policy to date to fund administration funds at 5%, and the three eligible project areas at 10%.

With the process of evaluating funding applications anticipated to pick up later this year, the expenditures to date from this year's budget include the $110,000 approved by the City Council for the Emergency Housing Assistance program and $2,376.40 from administration. The administration expenditures include the City's dues as a member of the Community Preservation Coalition, the cost of the legal advertising for the public hearing held in Fall2019, and fees from the Registry of Deeds to record deed restrictions placed on several projects that received funding last year.

Fiscal Year 2021 Budget

The enclosed order for the Fiscal Year 2021 Budget is $1,016,110.94. This budget is based on an estimated total of $420,000 raised through the City surcharge, the Department of Revenue estimate of an 11.2% match, equaling $53,088.00, and an estimated carry-over reserve of $543,022.94 from Fiscal Year 2020. The significant majority of the Fiscal Year 2020 budget has been carried over to Fiscal Year 2021, with the lone expenditures the $110,000 already approved for Emergency Housing Assistance, and $2,376.40 from administration. This budget remains consistent with budgets developed in preceding years, using the required minimum thresholds of 10% for the three eligible project areas and a maximum threshold for administrative costs of5%, with the balance left in a reserve line that can be utilized for any of the allowable project areas.

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

Community Preservation Fund

Fiscal Year 2020 Total Allocation*: $578,366.00

FY20 Allocation FY19 Reserve Total Available Funds

Administration 28,918.30 $0.00** 28,918.30

Historic Resources (10%) 57,836.60 0.00 57,836.60

Community Housing (10%) 57,836.60 5,653.52 63,490.12

Open Space and Recreation (10%) 57,836.60 35,271.60 93,108.20

Reserve 375,937.90 36,108.22 412,046.12

Total 578,366.00 77,033.34 655,399.34

Total Expended/Encumbered per Funding Category

Administration $2,376.40

Historic Resources 0

Community Housing $63,490.12

Open Space and Recreation 0

Reserve $46,509.88

Total $112,376.40

*$474,000 local surcharge and $104,366 state match

**reverts to overall fund reserve

Fiscal Year 2021 Total Allocation*: $473,088.00

FY21 Allocation FY20 Reserve Total Available Funds

Administration 23,654.40 $0.00** 23,654.40

Historic Resources (10%) 47,308.80 57,836.60 105,145.40

Community Housing (10%) 47,308.80 0.00 47,308.80

Open Space and Recreation (10%) 47,308.80 93,108.20 140,417.00

Reserve 307,507.20 392,078.14 699,585.34

Total 473,088.00 543,022.94 1,016,110.94

*$420,000 local surcharge and $53,088 state match

**reverts to overall fund reserve

No. __ _

C!Cttp of t}ttt~fttlb M A S S A C H U S E T T S

IN CITY COUNCIL

AN ORDER

AN ORDER APPROPRIATING THE AMOUNT OF $655,399.34 FOR THE FISCAL YEAR 2020 COMMUNITY PRESERVATION FUND BUDGET

Ordered:

That the sum of $655,399.34 is appropriated for the Fiscal Year 2020 Community Preservation fund as follows:

a. To appropriate $28,918.30 ofFY2020 revenues for Administrative Expenses b. To reserve $57,836.60 of FY2020 revenues for Historic Resources c. To reserve $57,836.60 of FY2020 and $5,653.52 of FY2019 revenues for Community

Housing d. To reserve $57,836.60 ofFY2020 and $35,271.60 ofFY2019 revenues for Open Space

and Recreation e. To reserve $375,937.90 ofFY2020 revenues and $36,108.22 ofFY2019 for Community

Preservation Fund purposes

CC29

Qli±tr of Jlittsfi£lb

JUNE 4, 2020


The Committee t)ftX OF THE WHOLE

to whom was referred the COMMUNICATION FROM MAYOR TYER SUBMITTING AN ORDER APPROPRIATING

THE AMOUNT OF $1,016,11094 FOR THE FISCAL YEAR 2021 COMMUNITY

PRESERVATION BUDGET.

having considered the same, report and recommend that IT BE APPROVED. 11-0.


Peter M. Marchetti

Chairman

Linda M. '!Yer Mayor

THE CITY OF PI1TSFIELD OFFICE OF THE MAYOR


May 20,2020


Dear Councilors,

Submitted herewith for your consideration is an Order appropriating the amount of $1,016,110.94forthe Fiscal Year2021 Community Preservation budget.

LMT/CVB Enclosure


MrrJArn~ unda M. Tyer, Mayo(J

CITY OF PITTSFIELD

COMMUNITY PRESERVATION COMMITTEE, CITY HALL, 70 ALLEN STREET, RM 205, PITTSFIELD, MA 01201

May 19,2020

Honorable Linda M. Tyer Mayor's Office 70 Allen Street Pittsfield, MA 01201

Re: Community Preservation Committee - FY2021 budget

Dear Mayor Tyer,

Enclosed please fmd an order for the approval of the Fiscal Year 2021 budget recommended for approval by the Community Preservation Committee in the amount of$1,016,110.94. The FY2021 budget is based on an estimated local collection of$420,000 and an estimated contribution from the Commonwealth of approximately $53,088 for this coming year. The balance of the budget is based on $543,022.94 held over in reserve from the Fiscal Year 2020 budget.

Respectfully Submitted,

~·~ John Dickson, Chair ~ JD/cjh

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

No. ---

ctttp of ~ttt~ftelb M A S S A C H U S E T T S

IN CITY COUNCIL

AN ORDER

AN ORDER APPROPRIATING THE AMOUNT OF $1,016,110.94 FOR THE FISCAL YEAR 2021 COMMUNITY PRESERVATION FUND BUDGET

Ordered:

That the sum of$1,016,110.94 is appropriated for the Fiscal Year 2021 Community Preservation fund as follows:

a. To appropriate $23,654.40 ofFY2021 revenues for Administrative Expenses b. To reserve $47,308.80 of FY2021 and $57,836.60 of FY2020 revenues for Historic

Resources c. To reserve $47,308.80 ofFY2021 revenues for Community Housing d. To reserve $47,308.80 of FY2021 and $93,108.20 revenues for Open Space and

Recreation e. To reserve $307,507.20 of FY2021 and $392,078.14 of FY2020 revenues for FY2021

Community Preservation Fund purposes

CC29

May29,2020


The Committee on Ordinances and Rules

: .. · 't!·CITY ClEJMi ef PITTSF!EUJ. if~

2020 JUN -2 AH fO: 52

to whom was referred the communication from Mayor Tyer submitting an Ordinance amending the City Code, Chapter 19, Sewers and Drains

having considered the same, report and recommend that the Ordinance be amended, with recommendations, and approved. (5/0)


Councilor Nicholas Caccamo, Chairman

Linda M. 1Yer Mayor

THE CI1Y OF PITI'SFIELD OFFICE OF THE MAYOR


May 6, 2020


Dear Councilors,

Submitted herewith for your consideration is an Ordinance amending the City Code, Chapter 1 9, Sewer and Drains. This amendment is being proposed in order to meet the requirements of the Massachusetts Department of Environmental Protection in order to apply for a reduction in the interest rate on the loan acquired for the ongoing Nutrient Removal Upgrade project at the Wastewater Treatment Plant.

LMT/CVB Enclosure

R?IJ. ctfully, submitted,

,, ()r.ifi rn.~ Li tlafl..l. ~ Mayor 0

CITY OF PIITSFIELD DEPARTMENT OF PUBUC SERVICES & UTIUTIES, 100 NORTH ST, PITTSFIELD, MA 01201 413-499-9330

May 4, 2020

TO THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL:

Submitted for council approval in the proposed revisions to the city's existing Chapter 19 Sewer and Drains (Sewer Use Ordinance or SUO). The Massachusetts Department of Environmental Protection Division of Municipal Services State Revolving Fund (SRF) has requested approval by the council in order to apply for a reduction in the interest rate on the loan acquired for the ongoing Nutrient Removal Upgrade project at the Waste Water Treatment Plant. The loan was acquired at a 2% interest rate and with the approval of the revised Sewer Use Ordinance and the Comprehensive Wastewater Management Plan (submitted separately) can be lowered to a 0% interest rate.

The City has established and implemented regulations regarding the use of its wastewater collection system, outlined in the existing SUO. The current version of this document includes eleven (11) articles and sixty-three (63) sections outlining definitions, general terms, building sewers and connections, use of the public sewers, protection from damage, powers and authority of inspectors, sewer construction assessments, sewer service charges, penalties and validity. This document can be found on the City's website under the 'Charter and City Code' section.

Proposed Revisions Outline:

1. Resolve deficiencies identified in the City's Capacity, Management, Operations, and Maintenance (CMOM) Corrective Action Plan (CAP), dated April 2012.

The revised language to address recommended corrective actions in the CMOM CAP encompasses the following: sewer use and standards, access to pipelines and structures, FOG (fats, oils, and grease) management, pretreatment requirements, service connections, hauled wastejseptage, user rates, permitting of flows into the system, I/I control, enforcement of proper design, and installation and testing standards. The recommendation to revise these items in the existing SUO were included in the CMOM CAP, which was developed as required by a 2011 Order for Compliance issued by the United States Environmental Protection Agency (EPA) and enforceable by the EPA and Massachusetts Department of Environmental Protection (MassDEP).

2. Add land use controls language established under regulations 310 CMR 44.07(2)(d) - The added language (Section 19-2) for land use controls satisfies a loan criteria item

required by MassDEP's Division of Municipal Services State Revolving Fund (SRF) program, which will allow for the City's current loan for the ongoing WWTP Nutrient Removal Upgrade project (IFB#19-014, CWSRF No. 4458) to be modified from 2% to 0% interest.

CITY OF PITISFIELD DEPARTMENT OF PUBUC SERVICES & UTIUTIES, 100 NORTH ST, PITTSFIELD, MA 01201 413-499-9330

3. Add to list of prohibited discharges to protect treatment processes at the WWfP. The added language (Section 19-20) prohibits herbicides, fungicides, fertilizers, pesticides, and solvents from being discharged to the sewer system, which disrupt the WWfP from operating properly and meeting effluent limits under the City's NPDES permit.

To help facilitate an understanding of all proposed revisions, Attachment A includes the existing SUO with the above proposed revisions emphasized; original text is shown in black, deleted text in red, and added text in blue. Attachment B includes the proposed SUO with all proposed revisions in Attachment A fully incorporated.

Sincerely,

Commissioner Department of Public Services & Utilities

Q,NFELDER ~Bright People. Right Solutions.

May 4, 2020 Kleinfelder Project No.: 20110427.002

Mr. Ricardo Morales Commissioner, Public Services & Utilities City of Pittsfield 70 Allen Street Pittsfield, MA 01201

SUBJECT: City of Pittsfield, MA Sewer Use Ordinance Proposed Revisions to 'Chapter 19 Sewers and Drains' City Code For 0% Interest on CWSRF No. 4458 Loan

Dear Mr. Morales:

Kleinfelder has submitted proposed revisions to the City of Pittsfield's (City) existing Chapter 19 Sewer and Drains City Code for City approval. These revisions are required to be incorporated into the City Code to receive 0% interest on the City's existing CWSRF loan for the ongoing WWTP Nutrient Removal Upgrade project (IFB#19-014). This will satisfy a loan criteria item under 310 CMR 44.07(2)(d) required by MassDEP's Division of Municipal Services State Revolving Fund (SRF) program, and should be done in conjunction with the City's acceptance of the Comprehensive Wastewater Management Plan (CWMP). After completion of these two items, the existing CWSRF loan can be modified from 2% to 0% interest.

Sincerely,

KLEIN FELDER

$..-tP.~ Hannah Kominske, PE Project Manager II

cc: Matthew Kerwood, Director of Finance & Administration/Treasurer, City of Pittsfield Neil Kulikauskas, PE, Kleinfelder Pam Westgate, PE, Kleinfelder File

20110427.001 Page 1 of 1 May 2020

KLEINFELDER 200 Corporate Place, Suite 310, Rocky Hill, CT 06067 p 1860.563.7775 f I 860.563.6744

Attachment A: DRAFT of Revised 'Ch. 19 Sewers and Drains' in The Code of the City of Pittsfield, .MA' with proposed revisions shown

Chapter 19

SEWERS AND DRAINS

GENERAL REFERENCES

Building code - See Ch. 3.

Disturbing sewers when laying underground wires and conduits -See§ 5-29.

Return of assessments in warrant for collection of sewer or sidewalk assessments- See § 6-9.

STATE LAW REFERENCES

Public utilities advisory committee- See Ch. 18 1/2.

Streets and sidewalks - See Ch. 20.

Water - See Ch. 22.

Public utilities fees - See § 24-1.

Sewers, drains and sidewalks - See MGL c. 83.

Page 1 of42

Attachment A: DRAJiT of Revised 'Ch. 19 Sewers and Drains' in The Code of the City of Pittsfield, .MA' with proposed revisions shown

ARTICLE I DEFINITIONS

Sec. 19-1. Definition of miscellaneous terms. [Ord. No. 429, § 1, 8-16-1982; Ord. No. 456, § 1, 6-8-1983; Ord. No. 494, § 1, 10-25-1984; Ord. No. 545, § 1, 7-1-1986; Ord. No. 673, § 1, 3-14-1991]

Unless the content specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:

(a) APPLICANTOROWNER-Shallmean any person requesting approval to or having permission to discharge industrial wastes or se-..vuge wastewater into the sewage works of the CityCity's POTWwastewater system.

(b) BASELINE MONITORING REPORT- Shall mean a first report of an industrial user prepared in accordance with and meeting the requirements of 40 CFR Part 403.12 and describing an existing or proposed industrial waste discharge. Such report shall, at a minimum, include the name and address of the facility and a list of any environmental control permits held by or for the facility and shall provide a description of the nature of the business of the establishment, flow measurements of any discharge, measurement of any pollutants regulated by the categorical pretreatment standard, certification as to compliance or noncompliance with the categorical standard, and if not in compliance, a proposed compliance schedule containing increments of progress in the form of dates, in no case greater than 270 days apart, for the commencement and completion of major events designed to bring the industrial user into compliance with the applicable pretreatment standard or requirement. For new sources of industrial discharge, the baseline monitoring report shall provide estimates or projected measurements of flow and pollutants subject to regulation.

(c) BOD (DENOTINGBIOCHEMICALOXYGENDEMAND)-Shallmean the quantity of oxygen utilized in the biochemical oxidation of orgunie mattePwastewater under the standard laboratory procedure at 20 degrees Centigrade over a Hr-five days-at ~period., expressed in milligrams per liter.

(d) BUILDING DRAIN Shall mean a single or group of structures connected to the sewer by one building sewer. It shall include private homes. commercial and industrial facilities , as well as other structures, which are permitted to connect to the public sewer for the pWJ?OSes of wastewater disposal.that pal't of the lowest hefi515oRtal pipiRg of a dl'aiRage system whieh l'eeeiveo the disehaf'ge fyem sail, waste aRd other draiH:age pipes iRside the walls of the l:mildiRg and eoRv:eys it to the buildiRg sewer, begiRH:iRg fr.re feet (1.5 meters) eutside the iRRer faee ef the buildiRg wall.

(e) BUILDING SEWER-Shall mean the OJi:teRsioR fyom the "Building dyain te the puelie sewer or other plaee of disposal.pipe that connects the building or other source of wastewater to the public sewer.

(f) CATEGORICAL STANDARD, PRETREATMENT STANDARD, OR NATIONAL CATEGORICAL PRETREATMENT STANDARD - Shall mean any regulation

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containing pollutant discharge limits promulgated by the U.S. Environmental Protection Agency in accordance with the Federal Water Pollution Control Act, also known as the Clean Water Act (33 U.S.C. 1251, et seq.) which applies to a specific category of industrial user, including local limits as may be established by the commissioner.

(g) CHRONIC VIOLATION- Shall mean any violation of wastewater discharge limits by an industrial user in which 66% or more of all measurements taken ia an:yfor the same pollutant parameter during a six-month period exceed by any magnitude tfle daily manimum limit O!' the a7?eFage limit foF the oame tJollutan.t flaFameteF.ft numeric Pretreatment Standard or Requirement. including instantaneous limits. as defined by 40 CFR 403.3(1).

(h) CITY- Shall mean the City of Pittsfield.

(i) COMBINED SE'NER Shall meaa a oe\vel:' l'eeeiviag both oal'faee l'lfBoff aad ee·Hage.

(ffill.COMMISSIONER- Shall mean the commissioner of public utilities and services of the City of Pittsfield or his-their authorized deputy or representative.

m__coNTROL AUTHORITY- Shall mean the City of Pittsfield acting through its commissioner of public utilities and services.

(k) EXTERIOR GREASE TRAP- Shall mean an underground vault used to affect the sep aration of grease from other restaurant wastewater effluent. The s ystem passivelv separates grease from the wastewater bv gravitv.

(1) G.._A..RB,A ... GE Shall meaa solid wastes from the domeotie aad eommeFeial pFeflaFatioa, eooli:iBg aad diotJeaoiag of food, aad from the haadliag, oto:Page aad oale of pFoduee.

(l) GREASE - Shall mean, collectively. grease. oils. wax and fats.

(m ) GREASE TRAP- Shall mean a general term referring to both interior and exterior grease trap s .

.lliL_HAZARDOUS WASTE FOR THE PURPOSE OF THIS CHAPTER -Shall mean solid, liquid or viscous waste, material or substance, or combination of wastes, materials or substances, which because of its quantity, concentration, or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or pose a substantial present or potential hazard to human health or the environment if improperly treated, stored, transported or disposed of or otherwise managed and which, if disposed of in any fashion other than through the ~. would be classified as a hazardous waste under 40 CFR Part 261. Hazardous waste is a waste. or combination of wastes. that at the time of discharge:

1. Is identified as a hazardous waste by EPA pursuant to the Resource Conservation and Recoven r Act. 42 USC 6901. et seq., and is listed in 40 CFR Part 261. as amended from time to time;

n. Has any of the hazardous waste characteristics identified by EPA in 40 CFR Part 261 as amended from time to time;

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Attachment A: DRAFI' of Revised 'Ch. 19 Sewers and Drains' in The Code of the City of Pittsfield, .MA' with proposed reviaions shown

m. Has been identified by DEP as a hazardous waste pursuant to MGL c. 21C and is listed in 310 CMR 30.000. as amended from time to time; or

1v. Has anv of the hazardous waste characteristics identified by DEP in 310 CMR 30.000. as amended from time to time.

A waste that would be a hazardous waste pursuant to the EPA or DEP criteria but for the fact that it is discharged to the sanitary system shall be. for purposes of this definition. a hazardous waste unless it is in wastewater which is discharged to the sewer system pursuant to a permit issued under these Regulations and in compliance with the City's discharge limits.

{m}(o) INDUSTRIAL USER- Shall mean any user of the POT\¥ wastewater system that discharges or proposes to discharge pollutants into the POT\¥ wastewater system from any nondomestic process source regulated under section 307(b), (c), or (d) of the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.

fu.LINDUSTRIAL WASTE - Shall mean the liquid, solid or viscous wastes from a fabrication, manufacturing, production or other process operation of a source regulated under section 307(b), (c) , or (d) of the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq. , which is discharged to or disposed of through the POT\Vwastewater svstem.

W (g) INSTANTANEOUS LIMIT - Shall mean the maximum concentration of a pollutant allowed to be discharged over a defined time period. determined from the analysis of anv discrete or composited sample collected. It mav be independent of the industrial flow rate and the duration of the sampling event .

.hl_INTERFERENCE- Shall mean a discharge by an industrial user which, alone or in conjunction with discharges by other sources, inhibits or disrupts the PO!J!WWWTP, its treatment processes or operations or its sludge processes, use ef.and disposal and which is a cause of a violation of any requirement of the POT\3/'s WWTP's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of oe·Hage wastewater sludge use ef.and disposal by the POTW WWTP in accordance with the following statutory provisions and regulations or permits issued thereunder (or more stringent state or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including state regulations contained in any state sludge management plan prepared pursuant to Subtitle D or the SWDA), the Clean Air Act, the Toxic Substance Control Act, and the Marine Protection Research and Sanctuaries Act.

(s) INTERIOR GREASE TRAP - Shall mean a device used to affect the separation of grease from other restaurant wastewater effluent that generally is suited for installation within a building. These systems may be either in passive form or as automated. electro-mechanical devices. Interior passive grease interceptors do not provide compliance with this chapter for interior grease traps.

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AttachmentA:DRA.FTofRevised 'Cb.19SewersllDdDrain.s'in The Codeofthe Cityof Pittsfield, ..MA' with proposed revisions shown

{e)..:..:(t~) ____ ~INVE~~R~T.:......-.....!:::::S~h~a~ll~m~ea~n~t~h.:::.e~lo~w=es~t~e"'-'!l~ev..!..a~t~i~on~o~f....!!th~e-=in~t~e~r~n~a~l~cr~o!!is~s.,.!,·s~e~ct~i~o~n..,!,o~f~awo~i~p=e.

W<u) NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT - Shall mean a permit issued to the City of Pittsfield pursuant to a Federal Water Pollution Control Act.

W <v) NATURAL OUTLET- Shall mean any outlet into a watercourse, pond, ditch, lake or other body or surface of ground water.

~NEW SOURCE - Shall mean any building, structure, facility or installation of an industrial user from which there is or may be a discharge of pollutants, the construction of which commenced after publication of proposed pretreatment standards applicable to such source, provided that (1) the building, structure, facility or installation is constructed at a site at which no other source is located; or (2) the building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (3) the production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site .

.(p)(x) NON-SIGNIFICANT CATEGORICAL INDUSTRIAL USER (NSCIU) -Shall mean that an Industrial User subject to categorical Pretreatment Standards under §403.6 and 40 CFR Chapter I. subchapter N is a Non-Significant Categorical Industrial User rather than a Significant Industrial User on a finding that the Industrial User never discharges more than 100 gallons per dav (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater. unless specificallv included in the Pretreatment Standard) and that the user meets the additional conditions described in 40 CFR 403.3(v)(2) and (3).

hl_NORMAL DOMESTIC SE'N.f..:GE WASTEWATER Shall mean sewage that has pollutant characteristics similar to that discharged by private dwellings. Domestic wastewater pollutant concentrations shall not exceedffig: one or more of the following concentrations: BOD - ~300 milligrams per liter (mg/l); suspended solids - .gw 300 mg/1; phosphorus - 10 mg/1; or ammonia nitrogen- -2&-40 mg/1 as nitrogen (N).

W (z) OTHER VIOLATIONS- Shall mean any other violation of a Pretreatment Standard or Requirement as defined bv 40 CFR 403.3(]) (dailv maximum. long-term average. instantaneous limit. or narrative Standard) that the WWTP determines has caused, alone or in combination with other Discharges, Interference or Pass Through (including endangering the health of WWTP personnel or the general public).

\tf(aa) PASS THROUGH- Means the discharge of pollutants through the POT\¥ wastewater system into navigable waters in quantities or concentrations, which, alone or in conjunction with discharges from other sources, is a cause of a violation of any requirement of the POTW'o WWTP's NPDES permit (including an increase in the magnitude or duration of a violation).

W (bb) PERSON - Shall mean any individual, firm, company, association, partnership, society, corporation, government, group, or an agent or employee thereof .

.(.v).(cc) pH - Shall mean the logarithm of the reciprocal of the weight of hydrogen

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Attachment A: DRAFT of Revised 'Ch. 19 Sewers and Drains' in The Code of the City of Pittsfield, ..MA' with proposed revisions shown

ions in grams per liter of solution .

.(wf(dd) PRETREATMENT- Shall mean treatment of se·.vage wastewater before discharge to a public sewer.

PROPERLY SHREDDED GARBi\GE Shall meaa the wastes from the p:repa:ratioa, eookiag aad dispeasiBg of food that have been sh:redded to sueh a deg:ree that all pa:rtieles •Nill be eamed f:reely uBde:r the flov: eoBditioBs ao:rmally p:revailiBg iB publie sewe!'s, 'Hith BO pa:Ptiele g:Peate:r thaB oae-half ineh (1.27 eeatimete:rs) ia aay dimeBsion.

~PUBLIC SEWER - Shall mean a sewer serving more than one estate building in which all owners of abutting properties have equal rights, and is controlled by public authority.

W (ff) RESTAURANT - Shall mean anv commercial or institutional facility dischargin g kitchen or food preparation wastewaters including restaurants. motels. hotels. cafeterias. hospitals. schools. clubs. bars. food and meat packing and processing establishments. supermarkets. bakeries. etc. and any other facilitv which. in the commissioner's opinion. would require a grease interceptor installation by virtue of its operation.

(aagg) SANITARY SEWER- Shall mean a sewer which carries sewage wastewater and to which storm, surface and ground waters are not intentionally admitted.

(a&h h) SEPTAGE - Shall mean the wastes from subsurface wastewater disposal s ystems; holding tanks; sueh as chemical toilets, campere or trailer wastes; and wastes from septic tanks and cesspools. Septage constituents shall not include fats . oil. or grease.

(aei!) SEWAGE - Shall mean the liquid and water-carried wastes from residences, businesses buildings, institutions and industrial establishments, together with such ground, surface and storm waters as may be present, whether treated or untreated.

_(ad) SE\~\GE TRE~A...TMENT PL.'\NT Shall meaa any aFFaBgemeat of deviees aBd stFuetu:res used fo:r t:reatiBg sewage.

(ae) SE\¥>."· .. GE \¥0RKS OR PUBUCLY OWNED TREATMENT WORKS (POT\V) Shall meaB aay faeili~ of' system, w.vBed by the City of Pittsfield, v1hieh is uoed iB the eolleetioB, sampling, tf'eatment oF disposal of munieipal se'wage o:r iBdust:rial ,.,Yaotes of a lif):uid BatuFe, iaeludiBg aay seweFs that eonvey wastmvateF to the tFeatment plaat, but Bot pipes, sewef's OF otheF eonveyaaees Bot eonaeeted to a faeility pf'ovidiBg t:reatmeBt.

(af.i.i) SEWER- Shall mean a pipe or conduit for carrying wastewater. See

Sanitary Sewer.sewage .-

(agkk) SHALL - Is mandatory; may is permissive.

(ahll) SIGNIFICANTINDUSTRIAL USER-Shallmeananyindustrialuserofthe POTW wastewater system subject to categorical pretreatment standards under 40 CFR 403.8 and 40 CFR Chapter I , Subchapter N, and any other industrial user of the

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POTW wastewater S 'v stem that (1) discharges an average of 25,000 gallons per day or more of process wastewater to the POTW wastewater system (excluding sanitary, noncontact cooling and boiler blow.:.down wastewater), (2) contributes a process wastestream which makes up .a.%five percent or more of the average dry weather hydraulic or organic capacity of the POTW tFeatment plaB:tWWTP, or (3) is designated as such by the control authority on the basis that the industrial user has a reasonable potential for adversely affecting the POT\V's wastewater sYstem's operation or for violating any pretreatment standard or requirement.

(aimm) SIGNIFICANT NONCOMPLIANCE WITH PRETREATMENT STANDARDS - Shall mean either a chronic violation; or a TRC violation; or any other violation of a daily maximum or longer-term average pretreatment effluent limit that the control authority determines has caused, alone or in combination with other discharges, interference or pass through or endangerment of the health of POT\¥ WWTP personnel or the general public; or any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POT\1/'s WWTP's exercise of its emergency authority to halt or prevent such discharge; or failure to meet, within 90 days of any schedule date, a compliance schedule milestone contained in a control authority permit or enforcement order for starting construction, completing construction or attaining final compliance with any pretreatment standard or regulation; or failure to provide, within 30 days after the due date, required reports; or failure to accurately report noncompliance; or any other violation or group of violations which the control authority determines has affected or will adversely affect the operation or implementation of the industrial pretreatment program.

(ajnn) SLUG- Shall mean any wateF, sewage, industFial·.vasteo, matel'ials, substances, ol' pollutants, ineluding oxygen aemanding pollutants, l'eleaoea in a discharge at a flow rate r pollutant concentration sueh as towhich could cause a violation of the prohibited discharge standards of this chapter. A slug is any discharge of a nonroutine . ep isodic nature. including but not limited to an accidental sp ill or noncustomarv batch discharge , which has reasonable potential to cause interference with the opel'ation ofthe POT'N or pass through or in any other way violate the City's regulations. local limits or permit conditions.

_(ak) STORM DRAIN (SOMETIMES TERMED "STORM. SEWER") Shall mean a sewel' whieh eal'l'ies stol'm ana sul'faee watel's and dl'ainage, but exeludes sewage and induot:rial wastes, ethel' than unpolluted eooling wate:r.

(alo_.Q) SUSPENDED SOLIDS - Shall mean solids that either float on the surface of, or are in suspension in water, sewage wastewater or other liquids, and which are removable by laboratory filtering.

(am) TECHNICAL REVIEW CRITERIA (TRC) VIOLATION- Shall mean any violation of wastewater discharge limits by an industrial user in which 33%- percent or more of all of the measurements fol' any pollutaat taken for the same pollutant p arameter during a ia any six--month period equal or exceed the product of the Gaily maximum limit OF the ave'Fage limit fo'F the pollutaatnumeric Pretreatment Standard or Requirement including instantaneous limits , as defined by 40 CFR 403.3(1) multiplied by the a pplicable TRC (TRC = 1.4 for BOD, TSS, fats, oil ,_and

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grease.._ and 1.2 for all other pollutants except pH}.

(ftH:rm) USER - Shall mean any person whose premises are connected to a public sewer or whose wastes are discharged to the wastewater system.

(aegg) USER CHARGE- Shall mean a charge levied on users of the sewage wastewater works as required by section 204(b) of the Clean Water Act (33 U.S.C. § 1251 et seq., as amended).

(~rr) WASTES - Shall mean substances in liquid, solid or gaseous forms that are carried in water.

(ad§§) SEW .. A ... GE WASTEWATER TREATMENT PLANT (WWTP) - Shall mean any arrangement of devices and structures used for treating sewagewastewater at the City's treatment facilitv.

(ae:t.t) SE1.V,:\GEW ASTEWATER WORKS SYSTEM OR PUBUCLY 0\VNED TRE} ... TMENT \~lORKS (POTW) Shall mean any

facility or system, owned by the City of Pittsfield, which is used in the collection, conveyance , sampling, treatment or disposal of munieipal sewagedomestic wastewater or industrial wastes of a liquid nature, including any sewers that convey wastewater to the tFeatmea.t plaRt, but a.ot pipes, se·.veFs oF otheF OOR7feyaa.ees a.ot eoa.a.eeted to a City's wastewater treatment faeilitplant and the City's wastewater treatment plant.y pFovidia.g tFeatmea.t.

(aEJ) '.VATER COURSE Shall meaa. a ehaa.a.el ia. whieh a flo .. v of ·.vateF eouPoes, eitheF eoB:tia.uously oF iB:teFmittea.tly.

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Attachment A: DRAFT of Revised 'Ch. 19 Sewers and Drains' in The Code of the City of Pitts:6eld, .MA' with proposed revisions shown

Sec. 19-2. Land use controls.

ARTICLE II IN GENERAL

All connection and extension permits for sanitarv sewers shall continue to be issued by the commissioner and in accordance with this chapter. The commissioner and Department of Public Utilities will track and manage the available capacity when considering a pplications for new sewer connection and extension permits. The available capacity is limited by the permitted flow from the WWTP, b v existing flows . by contractual obligations. and bv planned development in the City. The Department of Public Utilities keeps a record of the flow allocations between these categories. The Department of Public Utilities reserves the right to re-allocate flows between these categories as long as the total flows do not exceed the WWTP's average monthly permitted flow of 17.0 MGD. provided that the following provisions are met:

i. Re-allocation of flows within the City or from any outside communitv does not result in an exceedance of the total pro jected available capacity and are consistent with existing a greements.

ii. Changes to contractual flows from outside the City shall onlv be allowed b y a pproval of the City council or any future established Board of Public Works.

i.-iii. Re-allocations shall be included as an a genda item at a publicly held meeting of the Department of Public Utilities.

Sec. 19-3~. Cemmea Public sewers aad draias laid ia street te he preperty ef eity, ete.ownership (Ord. No. 429, § 1, 8-16-1982; Ord. No. 456, § 1, 6-8-1983; Ord. No. 673, § 2, 3-14-1991]

In any street opened or proposed to be opened for public travel and accommodation, every sewer oF dFain now ltH:dinstalled therein, or that may be hereafter lffi:dinstalled, for the purpose of dFaining serving more than one estate building sewer, shall be deemed to be a eommon public sewer and hereafter every such sewer shall become the property of the eity-City upon its connection with the sewage wastewater system of the eityCitv, and its acceptance by the commissioner of publie utilities. No sewer or sewer appurtenance or structure shall be accepted by the commissioner if such sewer shall dFain discharge into any privately owned system of sewerage or privately owned sewage wastewater handling or pumping facility prior to its connection to the sewage wastewater system of the eityCity. All such sewers oF dFains hereafter lffi:dinstalled, whether at the expense of the ~City or of private persons, shall be ~installed under the direction, supervision and control of the commissioner of pub he utilities.

Sec. 19-34. WaterUtllities- water, gas, electric, telecommunications, etc.,_ conduits, pipes and construction work not to obstruct or interfere with public sewers. (Ord. No. 429, § 1, 8-16-1982; Ord. No. 456, § 1, 6-8-1983]

Whenever any street is opened for the laying installation of pipes or conduits for water, gas , electric, telecommunications. or other purposes, or for the prosecution of any work of construction, such laying of pipespipe installation and the work connected therewith, or such work of construction, shall be executed as not to

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AttacbmentA:DRA.FTofRevi.sed 'Ch.19SewerssndDrains'in The Codeofthe Cityof Pittsfield, AM' with proposed revisions shown

obstruct in any way the course, capacity or construction of a common the public sewer, and whenever pipes utilities for any purpose of any work of construction are found to exist at such a depth or in such location as to interfere with an existing sewer or with the building construction of any common public sewer of the required size, and at the proper depth and grades, the person or the department maintaining the oeweF utility shall, upon notice thereof, at once remove, change or alter such pipes or other works in such manner as the commissioner of flublic utilities shall direct. If such person or department neglects to comply immediately with the terms of such notification, the commissioner of public utilities may make such removal, change or alteration, and the cost thereof shall be paid by such person or department.

See. 19 4, Reeel'd ef eemmea sewel' plans aad eeaaeetieas te he kept. (OI'd. Ne, 4:;19, § 1, 8 16 198:;1; Ol'd. Ne. 456, § 1, 6 8 1983)

The commissione:F of flUblic utilities shall fl:FOvide and keep on file accu:Fate plans of all common sewef'o showing the fof'm, mode of eonstf'uction, depth below suFfaee, the location of all wyeo and chimneys, and the geneFal diFection and location ofthe ocwef' Felativc to the stFeet lines OF neighbo:Fing pFopc:Fty; and shall also lreep a f'ecoPd of all entFieo into any common seweF of which a 1:'eco1:'d eniots, and of all futuFe entries as soon as they aFe made.

Sec. 19-5. Account and report of the cost of eemmea public sewers; annual sewerage system report. (Ord. No. 429, § 1, 8-16-1982; Ord. No. 456, § 1, 6-8-1983]

The commissioner of flublic utilities shall keep an accurate account of the cost and all other expenses of each common public sewer, and wheneveF Fequestedshall annually, u pon request of the Citv council. shall make a report thereof to the city City council. Such commissioner shall~ annually, within one month afteF the close of each fiscal yeaPwithin one month of receiving a request by the Cit\· council, submit to the ~City council a report of all work performed in the sewerage system during the year, including the total length and Of'iginal coot of existing seweFs, and the amount of all expenditures from the appropriation for sewers.

Sec. 19-6. When connection with eemmen public sewer required. (Ord. No. 429, § 1, 8-16-1982; Ord. No. 1157, §I, 9-29-2015]

The sevrage wastewater from each building on every street provided with a common public sewer shall be conducted connected into such sewer: provided, however, that the Dif'ectof' of Putilic HealthcCcommissioner may exempt any building from the foregoing requirement until such time as he-they may determine. On all streets provided with a common p ublic sewer, the sevrage wastewater from all buildings hereafter constructed shall be conducted connected into such sewer. No p-rivy ¥allltsubsurface disposal system, holding tank. or cesspool for sewage wastewater shall hereafter be constructed on any estate building abutting on a street provided with a common public sewer.

Sec. 19-7. Abandonment of onsite sewer s ystems.

Abandonment of onsite septic systems shall complv with the Commonwealth of

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Massachusetts -Department of Environmental Protection Regulations 310 CMR 15.354- Abandonment of S vstems.

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ARTICLE III BUILDING SEWERS AND CONNECTIONS

Sec. 19 §,.Permit to connect to pubHc sewer required. [Ord. No. 429, § 1, 8-16-1982; Ord. No. 673, § 3, 3-14-1991]

(a) No autl:mri!i!ieel person or business shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the commissioner.

I (b) Any person or business proposing a new discharge into the system or a substantial change in the volume or character of pollutants that are being discharged into the system shall submit a permit a pplication to notify the commissioner at least 49-120 days prior to the proposed change or connection. Applicant shall be responsible for costs incurred b y the Citv to evaluate the capacity of existing collection svstem and treatment plant to accommodate p roposed changes.

(c) Where sueh contributionoexisting or proposed contributions wastewater discharges do not meet applicable pretreatment standards or requirements or where such contributions would cause the POT\¥ WWTP to violate its NPDES permit or be eleteFmineel by the eommissioneF to have the potential fop causing inter:feFenee •,vith the operation of the POTW oF pass thFough, the commissioner shall defty-prohibit or place conditions on such contributions to ensure compliance with pretreatment standards or to prevent interference or pass through.

Sec. 19 9 . Classes of building sewer permits; applications; nontransferability; revocation. [Ord. No. 429, § 1, 8-16-1982; Ord. No. 494, § 1, 10-25-1984; Ord. No. 545, § 1, 7-1-1986; Ord. No. 673, § 3, 3-14-1991]

There shall be two classes of building sewer permits: (a) for residential and commercial service, and (b) for service to establishments producing industrial wastes, including significant industrial users as defined herein and any other establishment discharging or proposing to discharge wastes containing toxic pollutants or wastes eleteFmineel by the commissioner to havehaving the potential for significant impact, either singly or in combination with other contributing industries, on the wastewater treatment system, the quality of sludge or other wastewater treatment residuals, the POT'N's WWTP's effluent quality, or air emissions generated by the ~-

Within 180 days after the effective date of any categorical pretreatment standard or a category determination by the control authority, whichever is later, or, in the case of a new source of industrial waste as defined herein, not later than 90 days prior to introducing wastes into the POTWwastewater system, industrial users subject to such pretreatment standards or requirements shall submit a baseline monitoring report to the commissioner.

Permits for industrial users shall be issued for a period not to exceed three years; be nontransferable without the prior and express written approval of the commissioner; and, as a minimum, include effluent limits based on applicable general pretreatment standards, categorical pretreatment standards, local limits,

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Attachment A: DllAFl' of Revised 'Ch. 19 Sewers and Drains' in The Code of the City of Pittsfield, AfA' with proposed revisions shoWD.

and state and local law; include requirements for self-monitoring, sampling, reporting, notification and record keeping, including an identification of the pollutants to be monitored and the sampling frequency, type and location; and inelude a statement of ~plieable eivil aad e£imiaal peaaltieo fe£ violatioa of pl'et£eatmeat otaadardo aad FOEIUiFemeato aad aay applieable eomplianee oeheduleoanv other requirements .

Nothing in this section shall be construed as to require the issuance of any permit to any industrial user or to relieve any industrial user from any responsibility or requirement to make proper application for such permit. No industrial wastewater shall be discharged to the POT\V wastewater s ystem by any new source until a permit has been issued by the commissioner.

Permits may be revoked by the ~City for a violation of this chapter, the pretreatment regulations adopted by the eityCity, or applicable state and federal regulations.

Note· Upoa oatiofaetoey iaopeetion, 75% Of' $75 will be retul'aed to the applieaat feF the abe¥e buildiag oeweF pet'mit.

Sec. 19-910. Expense ofbuilding sewer installation and connection. (Ord. No. 429, § 1, 8-16-1982]

(a) All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the ~City from any loss or damage that may directly or indirectly be oeeaoioaedoccur by the installation of the building sewer.

(b) At the time of obtaining a permit, the owner or ftie-their designated contractor shall furnish to the ~City evidence of liability insurance with respect to injuries to persons or property that may arise during the construction of the eoaaeetiea building sewer in limits of not less than $l...QOO,OOO.OO for bodily injury to persons per occurrence and $g 5QO,OOO.OO for injury to property of third persons. The owner shall further post with the treasurer, a cash or surety bond in an amount deemed sufficient by the Commissioaer commissioner of Public Utilities to ensure restoration of the travelled portion of the public way or unaccepted way, including sidewalks if any, to their fermel' condition prior to construction following completion of the work required to complete the sewer connection. [Ord. No. 1104, §I, 11-25-2014]

Sec. 19-..J:.011 . Separate and independent building sewers; exception. (Ord. No. 429, § 1, 8-16-1982)

A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another or an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and thew hole considered as one building sewer. Such exceptions may be only undertaken with written a pproval of the commissioner.

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Attachment A: DRAFT of Revised 'Cb.. 19 Sewers a.nd Drains' in. The Code oftb.e City of Pittsfield, .MA' with. proposed revisions shown

Sec. 19-1--1-12. Use-Reuse ofekl-existing building sewers. [Ord. No. 429, § 1, 8-16-1982]

Old-Existing building sewers may be -aee4-reused in connection with new buildings only when they are found, on examination and test by the commissioner, to meet all requirements of this chapter. The sewers must. in addition. be proven watertight and possess the structural integrity adequate to meet all design standards. At the discretion of the commissioner. the proponent rna\ be required to perform a sewer capacitY analysis. at the expense of the proponent and under the oversight of the Citv. The costs associated with the testing and examination of existing building sewers shall be borne bv the building sewer owner.

Sec. 19--1-213. Requirements for construction of building sewer. [Ord. No. 429, § 1, 8-16-1982)

The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM Gravity Sanitarv Sewer Design and Construction. Second Edition ASCE Manuals and Reports on Engineering Practice No. 60 I WEFand \VPCF Manual of Practice No. 9-FD-5, or materials and procedures specifically provided b y the City, shall apply. All new sewers shall be designed and constructed in accordance with state regulations. and tested for infiltration in accordance with an acceptable testing method of the State Department of Public Health.

Sec. 19--1314. Le"Wel ef eeastruetiea ef hBullding sewer service elevation. [Ord. No. 429, § 1' 8-16-1982)

'Nhenevey possible, the building oeweY shall be bYought to the building at an elevation belo .. vSub ject to the basement flooY. In allelevation of the public sewer. buildings in which any-the building dYain sewer is too low to permit gravity flew discharge to the public sewer, oanita:ry sewage efl:I'Yied by ouehthe building dYaift sewer shall be lifted pumped by an approved means and discharged to the building public sewer. Appurtenances installed to pump building sewers to the public sewer shall be installed and maintained at the building sewer owner's expense.

Sec. 19-15. Liability associated with building sewer connection.

The Citv assumes no liability for conditions that exist in plumbing fixtures . building sewers and appurtenances that may result from surcharge . repair. and operation and maintenance activities performed by the City on the public sewer. All existing or new building sewers from plumbing fixtures liable to backflow from the public sewer are installed at the building owner's risk. The Citv will not assume anv responsibility for back-up s or flooding of fixtures or basements as a result of the installation of these fixtures. Any plumbing fixture located at an elevation lower than the top of the public sewer manhole immediately downstream of the building sewer serving the fixture shall be considered to be liable to backflow.

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AttachmentA:DRAFTofRevised 'Ch.l9SewersandDrains'in The Codeofthe Cityof Pittsfield, .MA' with proposed revisions shown

Plumbing fixtures subject to backflow from the public sewer shall have backwater valves installed at the building sewer owner's expense. A backwater valve is a device installed in a building sewer to prevent the discharge from the building. or flows originating outside the building. from flowing back into the building. Backwater valves shall be installed in accordance with the Uniform State Plumbing Code. 248 CMR. Section 2.09:(4) and City requirements. The backwater valve shall be installed and maintained at the building sewer owner's expense.

Sec. 19--1416. Prohibition against connection of exterior drains to public sanitary sewer. [Ord. No. 429, § 1, 8-16-1982]

No person shall make connections of roof downspouts, exterior foundation drains, foundation sump pumps, areaway drains or other sources of surface runoff or groundwater to a building sewer OF a buildiag dFaia which in turn is connected directly or indirectly to a public sanitary sewer.

Sec. 194517. Connection of building sewer into public sewer. [Ord. No. 429, § 1, 8-16-1982]

The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations ofthe City, or the procedures set forth in appropriate specifications of the ASTM and the 'WPCF WEF Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the commissioner before installation.

Sec. 19-1-618. Notice to commissioner by applicant for building sewer permit. [Ord. No. 429, § 1, 8-16-1982]

The applicant for the building sewer permit shall notify the commissioner when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the commissioner or ll:is-their duly authorized representative.

Sec. 19-1.!1-19. Excavations for building sewer installation. [Ord. No. 429, § 1, 8-16-1982]

All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of work shall be restored to their pre-construction condition, prior to completion of the work in a manner satisfactory to the City. Trench excavations shall conform to a pplicable federal and state regulations.

See. 19 17.1. Opea ditelles el' lleles. (OI'd. Ne. 1036, §I, 10 27 2009; O!'d. Ne. 1157, §§II Ill, 9 29 2015]

The Pl:lblie SeFviees CemmissieaeF shall fiae any eeatFaetaF that dees aet fill holes that he OF she eauses ia the City stFeets OF fH:tblie ways afteF eempletiea ofthe pYo3eet. ~A ... ay ditehes 91' hales fuF pl'ivate seweF eoaaeetieas, ete., shall be filled aeeeFdiag to City OF state guidelifleo. Aay eoatYaetoF that deeo fl9t eomply withia 24 houFo of

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Attachment A: DRAFT of Revised 'Ch. 19 Sewers and Drains' in The Code of the City of Pitts:6eld, .J.£4' with proposed revisions shown

notiee of no eomplianee by the Department of Puhlie Serviees shall be fined in aeeordanee ·.vith the fine sehedule set fal"th in Chapter 4 1/2, entitled Criminal and Nonel'iminal Enfareement, § 4 1/2·2.

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Attaclunent A: DRAFT of Revised 'Ch. 19 Sewers and Drains' in The Code of the City of Pittsfield, .MA' with proposed revisions shown

ARTICLE IV USE OF THE PUBLIC SEWERS

Sec:. 19-1320. Prohibition against discharge of surface water into sanitary sewers. (Ord. No. 429, § 1, 8-16-1982]

No person shall discharge or cause to be discharged, either by gravitY drain or by force pump, any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer. No person shall at anv time make any connection of any source of storm runoff. groundwater. or sources of uncontaminated water directlv or indirecth to a public or private sewer. Stormwater and all other unpolluted drainage shall be discharged to such drains as are specifically designated as storm sewers. or to a natural outlet approved by the Citv engineer.

See. 19 19. Disehal'ge ef uapelluted dr-aiaage late stel'm se'wel's, ete. [OI'd, Ne. 429, § 1, 8 16 1982; Ol'd. Ne. 545, § 1, 7 1 1986]

Stormwater and all other unpolluted drainage shall he dioeharged to sueh oe·.vers as are opeeifieally designated ao storm se"tvero, or to a natural outlet appPoved hy the eommiooioneF and ouhjeet to an EPA permit when neeeooaey. Industrial eooling water or unpolluted p:roeeos waters may he dioeha:rged, on approval of the eommisoione:rs and suh;jeet to an EPL' ... permit when neeesoaey, to a oto:rm oe·.ver OF natuFal outlet.

Sec:. 19-aQ21. Discharges prohibited to public: sewers. [Ord. No. 429, § 1, 8-16-1982; Ord. No. 545, § 1, 7-1-1986; Ord. No. 673, § 4, 3-14-1991; Ord. No. 950, § 1, 2-8-2005)

No person shall discharge or cause to be discharged any of the following described substances, materials, waters or wastes to any public sewer:

(a) Any wastestream containing gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas having a closed-cup flashpoint of less than 140° F. or 60° C., as measured using the test methods specified in 40 CFR 261.21.

(b) Any waters or waste containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage wastewater treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage wastewater treatment plant.

(c) Any waters or waste having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage wastewater works.

(d) Solid or viscous substances in quantities or of such size capable of causing obstructions to the flow in sewers, or other interference with the proper operation of the oe'tvage wastewater works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unaergrou:ed garbage, trash. whole blood, paunch manure, hair and fleshings, entrails, and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

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Attachment A: DRAFT of Revised 'Cb. 19 Sewers and Drains' in The Code of the City of Pittsfield, .MA' with proposed revisions shown

(e) Any liquid or vapor having a temperature higher than 150° F., 65° C., and in no event at a temperature and quantity that will cause the temperature at the POTW WWTP tFeatmeat plaat to exceed 104° F., 40° C.

(f) Waters or waste containing substances which are not amenable to treatment or reduction by the sewage wastewater treatment processes employed, or are amenable to treatment only to such degree that sewage wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

(g) Any waters or waste having pollutants which may pass through or interfere with the operation or performance of the ~. including any substance which may cause the effluent or any other agencies having jurisdiction over said effluent or product discharge or disposal.

(h) Any industrial wastes which do not meet the requirements of national categorical pretreatment standards as specified in 40 CFR, Chapter I, Subchapter N, Parts 405 through 471, as amended.

(i) Any ga'l'-13age food wastes that has not been properly shredded. Properly shredded food wastes shall be defined as the wastes from the preparation. cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freeh· under the flow conditions normally prevailing in oublic sewers. with no p article greater than one-half inch (1.27 centimeters) in any dimension. The installation and operation of any gaFbage gFiadeFfood preparation area in-sink disposal unit equipped with a motor of three- fourths horsepower (0. 76 hp metric) or greater shall be subject to the review and approval of the commissioner.

(j) Any waters or waste containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.

(k) Any waters or waste containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting an excessive chlorine FequiPemeatdemand, to such degree that any such material received in the composite sewage wastewater sample(s) at the sewage wastewater treatment works exceeds the limits established by the commissioner for such materials.

(1) Any waters or wastes containing phenols or other taste- or odor- producing substances which, after treatment, may cause the composite se\vage wastewater sample(s) to fail to meet the requirements of the state, federal or other public agencies or jurisdiction for such discharge to the receiving waters.

(m) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the commissioner in compliance with applicable state or federal regulations.

(B)...-Any waters or wastes having a pH in excess of 11.0. (Ol"d. Ne. 1069, § 1,' 27 2013)

W (n) Materials which exert or cause:

(1) Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited

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Attachment A: DRAFI' of Revised 'Ch. 19 Sewers and Drains' in The Code of the City of Pittsfield, ..MA' with proposed revisions shown

to, sodium chloride and sodium sulfate).

(2) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

(3) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage wastewater treatment works.

(4) Unusual volume or flow or concentration of wastes constituting "slugs" as defined herein .

.{QL_Any wastewater or waste containing fats, wax, grease, or oils, including but not limited to petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, whether emulsified or not, in excess of 100 mg/l or in such lower amount as would cause interference or pass through. Dischargers are directed to the City's policies regarding the discharge of fats . oils. and grease (FOG) from food preparation and p rocessing facilities. These policies require the installation and maintenance of equipment to remove excessive FOG from wastewater discharges.

(p) Anv wastewater which contains herbicides, fertilizers , fungicides, or organo·sulfur or organo-phos phate pesticides.

(q) Pollutants which result in the formation of or presence of toxic gases, vapors, fumes or noxious odors within the POT'W wastewater svstem in any quantity that may cause acute worker health or safety problems.

(r) Any trucked or hauled pollutants, except at discharge points designated by the commissioner.

hl_Any hazardous waste as defined in this chapter.

W (t ) Liquid solvents. including hexane or large quantities of alcohoL and gaseous solvents. including carbon dioxide. propane . or butane.

(t) l\ay t,vaste stFeam containing eoneentf"ations (andloF mass limitations) of substances exeeedin.g the loeal limits established by the CommisoioneF an.d appFOV'ea by the En.vif"on.meHtal PFoteetioH ~A..,geHey. The CommiooioHeP shall, fFom time to time, establish E:Jeantitative oF ethel' limitatieHo wheFe Heeeosaey to pPovide fop pPoteetioH of the PO'PN, wof"keP safety, publie health oF eHViPoHmeHt. Based epoH assessment of n.eed aHa on. a eoeP speeifie basis, the CommiosieHeP may iHeOFfWFate pollutaHt speeifie limits in.to iHEliFeet disehaFge peFmits. 'NheFe possible aBEl appFopFiate, the CommisoioHeF may establish an.d implement in.dustey speeifie BMP's (boot maHagemeHt pf"aetiees) in eonjl:HietieH ..-r:ith oF iH lieu of HRB'lOFiealloeallimits.

Any user discharging or proposing to discharge to the POT\¥ wastewater s ystem any materials, substances, waters, wastes or pollutants specified in this section shall provide immediate notification to the Cemmiosion.eF commissioner of the discharge or proposed discharge.

Nothing in this section shall prevent the establishment and application of specific pollutant discharge limits by the CemmissieneP commissioner on any elass of user or on any individual discharger where materials, substances, waters, wastes or other pollutants discharged by the user or class of user have the potential, singly or in

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AttachmentA:DRAF'J'ofRevised 'Ch. 19SewersandDrains'in The Codeofthe City of Pittsfield, ..MA' with proposed revisions shown

combination with other discharges, to result in pass through or interference in the operation of the ~TP.

Sec. 194-1-22. Dilution prehillited as substitute fel' treatmeatprohibition. [Ord. No. 429, § 1, 8-16-1982; Ord. No. 494, § 1, 1025-84; Ord. No. 545, § 1, 7-1-1986; Ord. No. 673, § 4, 3-14-1991]

Except where expressly authorized to do so by an applicable pretreatment standard or requirement, no industPial user shall increase the use of process water or in any other way attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with a pretreatment standard or requirement.

Sec. 19~23 . Options of the Commissioner in event improper wastes to be discharged. [Ord. No. 429, § 1, 8-16-1982; Ord. No. 545, § 1, 7-1-1986; Ord. No. 673, § 4, 3-14-1991]

If any wastewaters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics in §§ 19--l-8--20 through 19-2-l--22 of this article, and which, in judgment of the Cammisoianer commissioner reasonably appear to present an imminent endangerment to the health or welfare of persons, the CommissioneP commissioner may, with informal notice to any discharger, demand an immediate cessation of, or prevent, said discharge. With notice of the discharger as elsewhere contained in this chapter, the Commissioner commissioner may halt or prevent any discharge to the public sewer which presents or may present an endangerment to the environment or which threatens to interfere with the operation of~. In addition to rejecting the wastes, the CommiosioneP commissioner may:

(a) Require pretreatment to an acceptable condition for discharge to the public sewers;

(b) Require control over the quantities and rates of discharge; andlor

(c) Require payment to cover the added cost of handling and treating the waste not covered by the existing taxes or sewer ehargeouser charge s ystem.

If the CommissioneF commissioner permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the commissioner and subject to the requirements of all applicable codes, ordinances, laws and pretreatment standards. Any and all costs associated with the design . construction. operation and maintenance , and compliance with the conditions of this chapter are home b y the user. including the costs for City administration under this chapter.

Any discharger not in compliance with any categorical pretreatment standard, local limit, or other limit imposed by state or federal law shall submit to the commissioner ferthv:ith a compliance schedule meeting the requirements of seetion lQ-8 of this chapter, and, in the case of noncompliance with a categorical pretreatment standard, such schedule shall meet the requirements of 40 CFR Part 403.,-±.2.. Not later than 14 days following each date in such schedule and the final date for compliance, the discharger shall submit a progress report to the commissioner

Page20of42


indicating whether or not an increment of progress or final compliance date was met and, if not met, when compliance with that increment of progress or final compliance is expected.

Within 90 days after a final date of compliance with any categorical pretreatment standard, local limit, or limit imposed by state or federal law, or, in the case of a new source industrial user, within 90 days after commencement of discharge to the POTWwastewater system, each industrial user shall submit to the commissioner a report of compliance with the categorical pretreatment standard, local limit, or limit imposed by state or federal law, said report meeting the requirements of 40 CFR Part 403~.

Sec. 19-2324. Provision for iatel'eeptel'sfats , oils and grease removal units. [Ord. No. 429, § 1, 8-16-1982]

Exterior fats . oils . and grease traps shall be provided for all restaurants. food establishments and similar establishments. Exterior fats . oils. and grease traps shall be provided for other establishmentsGrease, oil and sand intel'eeptoro shall be fll'OvideEi when, in the opinion ofthe commissioner, they are necessary for the proper handling of liquid wastes containing fats. oils. grease in eJfeesoive amounts, or any flammable wastes, sand Ol' ethel' harmful ingl'eEiients; e1reept that oueh intel'eeptoro shall not be Fequired feF private living qual'tel'o OF d:>.velling units ... A .. ll inteFeeptol'o shall be a type and eapaeity O:flpFoveEi by the eommisoioneF, and shall be loeated as to be Feadily and easily aeeeosible for eleaning and inopeetionor other harmful ingredients in excessive amounts.

Exterior fats . oils. and grease traps shall be designed. constructed. operated. and maintained based on the requirements set forth herein. Grease traps are not required for individual dwelling units or private residences.

All new restaurants are required to comply with this chapter prior to commencine business. Restaurants in operation prior to the implementation of this section will be considered "grandfathered" into the sewer system. Grandfathered restaurants are required to comply with this chapter according to the schedule below. The commissioner encourages grandfathered restaurants to comply voluntarilv with this chapter sooner than the required deadlines.

1. Phase 1 restaurants: July 1. 2023. Phase 1 restaurants include restaurants with an average annual water usage greater than 10.000 gallons per day.

11. Phase 2 restaurants: July 1. 2025. Phase 2 restaurants include restaurants with an average annual water use between 5.000 and 10.000 gallons per day.

111. Phase 3 restaurants: July 1. 2027. Phase 3 restaurants include all other facilities not included in Phase 1 or 2.

Average annual water usage is defined as the average dailv flow over the last four billing periods. This value can be determined bv taking the last four billing periods. converting the volume to gallons (7.5 gallons per cubic foot) and dividing by the number of days in the period (t vpically 365).

Page21 of42


Any restaurant that complies with this chapter that undergoes changes in ownership. seating capacity. significant changes in business volume. or significant changes in menu will be required to reassess their grease trap. which may need to be upgraded to handle changes in grease. flow and wastewater characteristics. An> modification of the facility as defined bv these guidelines will require a re-certification of the grease trap. Restaurants are required to comply with this chapter prior to making changes. but may take u p to 6 months to comply after changes. If changes triggering reassessment are not immediately reported to the commissioner, the 6-month grace period will be revoked.

Failure to complY with this chapter shall be considered a violation. and conseguentlv will be subject to applicable penalties. Except as otherwise noted. the duty to complv with the provisions of this chapter shall be u pon the owner(s) and operator(s) of a facility. jointly and severally .

Discharges into the public sewer system shall contain less than 100 m g/L of grease and shall not contain substances that may solidi£\· or become viscous at tem peratures between 32°F and 150°F (0 - 65°C). Owners and operators of facilities covered bv this chapter are encouraged to operate and maintain their grease trap(s) as prescribed bv manufacturer's recommendations and using Best Management Practices (BMPs), such as source reduction and reC\·cling. Failure to adequately maintain grease traps will result in costs . fees . fines . surcharges. and City reimbursements to mitigate noncompliance for the owner/operator. BMPs for grease traps include the appropriate sizing. installation. operation, and maintenance procedures. Grease traps meeting the BMP standards must also be able to remove 95% of the grease applied. Maintenance records. log books. and independent certification of grease traps are required to provide proof of owner/operator compliance with these standards.

To prevent grease from entering the sewer system. the following devices shall be connected to a grease trap: food preparation sinks. pot washing stations. pre-rinse sinks. pulpers . tilt kettles . rotisserie ovens. combi steam ovens. and fast food wet hoods. Facilities equipped with exterior grease traps shall also connect the following discharge points: mop sinks, floor drains. and dishwashers. Due to the lack of a ppreciable amounts of grease. and/or the presence of emulsifiers or sanitarv wastes. the following devices should not be connected to the grease interceptor: hand-washing sinks, bar sinks. toilets, and showers.

Due to the amount of solids and emulsified grease that food service area in-sink disposal units (or garbage grinders) introduce into the sewer svstem. garbage disposals are prohibited from being used in restaurants in the City. Any sink or other device with a garbage disposal must have the disposal phvsically removed (not just unplugged) to be in compliance with this chapter. Removing any existing garbage dis posals will have the added benefit of reducing the need for premature grease trap cleanings.

Exterior grease traps shall be designed by a registered Professional Engineer. The

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Attachment A: DRAFT of Revised 'Ch. 19 Sewers and Drains' in The Code of the City of Pittsfield, .11£4' with proposed revisions shown

applicant shall submit to the DPU stamped plans. which include the design criteria used for sizing and tank buoyancy calculations. The grease trap must be sized to provide adequate time for grease to separate out from the rest of the wastewater. A grease trap sized to provide 24 hours of separation time is required. For purposes of sizing a gt·ease trap. the following flow rates shall be assumed: for school cafeterias: 10 gpd per student. for institutional kitchens: 10 gpd per seat. for restaurants and other facilities: 15 gpd per seat. At a minimum. the operating volume of the grease trap shall be 1.000 gallons. The exterior grease trap should be located at least 10 feet from buildings. property lines. water services. and in compliance with all local building and zoning codes. The exterior grease trap should be located where it is accessible for inspection and cleaning. Piping to and from the exterior grease trap shall be in accordance with this chapter. Interior baffles are required to retain collected grease and other materials and prevent the discharge of these materials into the Citv sewer svstem. Manufacturers of exterior grease traps include Highland Tank. Chase Precast Corp .. Rotondo Precast. and E.F. Shea. Water cooled grease traps are prohibited.

Access to the discharge of the exterior grease trap will be required to allow visual observation of the grease trap effluent and for the collection of samples. Depending u pon the design of the unit, this mav require the installation of a separate manhole structure for obtaining effluent samples downstream of the trap. The exterior grease trap must be installed in conformance with all permits and codes of the City. Interior passive grease interceptors are still required to meet Board of Health regulations. Interior interceptors must be sized and installed in conformance with State and local regulations.

The exterior grease trap shall be demonstrated to be watertight prior to acceptance and use. Demonstration shall be in the form of a water infiltration I exfiltration test. Tank shall be :filled to 4 inches below the outlet invert. Leakage into or out of the tank shall not exceed 10 gallons per 1.000 gallons of tank volume in a 72-hour period. Test shall be performed before back:filling. and shall be witnessed by the commissioner or their dulv authorized representative. The exterior grease trap shall be :filled with clean water prior to first use.

Interior grease traps do not provide as comprehensive protection for the City's sewers as exterior grease traps. The use of interior grease traps will only be deemed acceptable if it is ph vsicallv impossible to site an exterior grease trap on the building lot. A passive interior grease trap will not be considered for the purposes of compliance with these guidelines. Prior to designing and installing an interior grease trap, a restaurant must demonstrate to the commissioner that an exterior grease trap cannot be sited on the propertv. Demonstration shall be in the form of a letter from the project a pplicant and licensed plumber. describing the facilitv usage . design criteria. site limitations. and preliminary recommendations for grease interceptor design. A sketch of the site (1"=20' minimum scale) showing extent of buildings and paved areas. property boundaries and underground utilities must be included with the letter.

The remainder of this section a pplies to restaurants that have received permission from

Page23of42


the commissioner to design and construct interior grease traps in lieu of an exterior one. Installation of an interior grease trap without prior permission from the commissioner is not a means of justifying inability to install an exterior grease trap.

All a ppliances listed in this section must be connected to interior grease traps. Multiple a ppliances may be connected to a common interior grease trap. provided the device is sized to meet the combined peak flow rate from all attached appliances. Interior grease traps shall bear the seal of acceptance of the Plumbing and Drainage Institute. shall have a flow restrictor. and shall have automated electrical and mechanical devices to remove grease collected within the unit. Timer control systems are acceptable provided the device conforms to the 95% removal requirement on a consistent basis. Installation, operation. and maintenance of interior grease traps shall be consistent with manufacturer's recommendations. Sample taps shall be provided on the discharge piping from the t,TJ.·ease interceptor for the purposes of collecting compliance samples. Where the installation of an interior grease trap prevents the City from adequately inspecting and collecting samples. the owner/operator will be required to install an exterior monitoring manhole for these pu rposes. Construction and installation of interior grease traps shall be in conformance with all applicable building. plumbing, and electrical codes. Installers are reminded that permits and approvals for the installation of interior grease traps are required.

Reduction of grease through biological breakdown can take place in a grease trap , but requires the careful selection and a pplication of commercial additives. The com missioner will consider p ermits for use of biological products . which add living bacteria to the grease trap to decompose the grease. on a case-bycase basis. Other products that operate by chemical emulsification or another similar p rocess that allows grease to be transferred to downstream public sewers are expressly prohibited for use. These types of products t vpically contain enzymes. solvents. surfactants or emulsifiers and are not allowed for use in the Citv. Anv establishment wishing to use a biological grease treatment product must obtain written permission from the commissioner. Establishments must submit product literature. Material Safety Data Sheets. and a written plan for the amount and fre quencv of product dosing. After a one·vear trial period, establishments mav a pplv to the commissioner for a reduction of inspection and cleaning freguencv. Use of additives in lieu of a properly sized grease trap is unacceptable. Use of additives is restricted to exterior grease traps onlv. Additives are prohibited from interior grease interceptors. At no time shall the contents of grease traps be aerated. stirred. agitated or otherwise mixed. Decisions as to the acceptabilitY of various additives for specific or general sites will be made at the sole discretion of the commissioner.

It is recommended that establishments have the same person perform inspections and supervise cleanouts. Exterior grease traps must be inspected at a minimum of once per week. Exterior grease traps must be cleaned out when any of the following occurs:

1. Three (3) months have passed since the last cleaning;

u. The thickness ofthe grease laver reaches 25% of the liquid depth; or

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Attachment A: DRAFT of Revised 'Ch. 19 Sewers IUld Drains' in The Code of the City of Pitts:6eld, JI.1A' with proposed revisions shown

lll. Thickness of the lower sludge layer reaches 12 inches.

Cleaning of exterior grease traps includes pumping out all the grease. settled solids and free liquids in the tank. washing down. and refilling the tank with clean water. The contents of the tank must be removed and disposed of bv a licensed septage hauler. The septage hauler will be required to completely remove the contents of the trap and will haul the contents awav for proper disposal at a licensed facilitv. If. after pumping. the effective volume of the tank is less than 90% due to grease buildup on the walls and :floor. a more thorough cleaning (i.e. pressure washing) is required to bring the tank back to 100% capacitv . Material dislodged during thorough cleaning operation must be removed from the tank before refilling with clean water. Refilling the tank with water from the grease trap hauler's vacuuming truck is prohibited.

Interior grease traps must be inspected at a minimum of once per day to verify the operation of the device and ensure that it is operating as designed. Interior grease traps must be cleaned out when am of the following occurs:

1. One ( 1) month has passed since the last cleaning;

n. Thickness of the lower sludge layer reaches two inches; or

111. Anv grease accumulation is present.

Cleaning of an interior grease trap includes pumping out all the grease. settled solids and free liquids in the tank. washing down. and refilling the device with clean water. If. after pumping. the effective volume of the device is less than 90% due to grease buildup on the walls and floor. a more thorough cleaning (i.e. pressure washing) is required to bring the tank back to 100% capacitv . Material dislodged during thorough cleaning operation must be removed from the device before refilling with clean water.

Periodic sampling and analysis . or self-monitoring. shall be required b\ the commissioner to establish compliance with these guidelines. Representative samples for compliance will be taken at the final effluent point from the grease trap before discharge into the public sewer system. A DEP Certified Laboratorv must complete the analvsis. Fats. Oils. and Grease (FOG) sample analysis shall be completed using the prescribed EPA laboraton method. All costs associated with sampling. analysis and reporting will be borne by the owner/operator. Copies of the analvsis shall be provided to the commissioner.

All records concerning grease trap maintenance and inspection must be kept b\ the establishment and be current for at least the past five ( 5) vears. These records must be made available to the City upon request. Exterior grease traps require that the owner/operator keep records in the form of an inspection and maintenance logbook. For even inspection conducted. the logbook shall indicate the date of inspection. thickness of grease laver. thickness of sludge layer. general observations of svstem integrity. and the inspector's name and signature. For evew pump-out conducted. the logbook shall indicate the date. the name of the pumper company. and the volume pumped. The logbook shall also contain system design information. a list of all sources that flow into the grease trap. notes about any repairs or adjustments made

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Attachment A: DRAFT of Revised 'Ch. 19 Sewers and Drains' in The Code of the City of Pitts:6eld, ..MA' with proposed revisions shown

to the grease trap. and notes about anv significant changes in menu or kitchen operations. In addition to the logbook, receipts of oumo-outs. am· components or additives purchased for the grease trap. and results of anv sampling shall be kept.

Interior grease traps , whether passive or automated. require that the owner/operator keep separate records for each device in a separate inspection and maintenance logbook. For every inspection conducted. the logbook shall indicate the date of inspection. volume of grease present. volume of grease removed during inspection, general observations of system integrity . and the inspector's name and signature. For everv removal of grease from the establishment, the logbook shall indicate the date. the name of the pumper or reclamation companv. and the volume of grease removed. The logbook shall also contain system design information. a list of all sources that flow into the grease interceptor. notes about any repairs or adjustments made to the grease interceptor. and notes about any significant changes in menu or kitchen operations. In addition to the logbook. receipts of grease removaL any components or additives purchased for the grease interceptor. and results of anv sampling shall be kept.

The commissioner or their duly authorized representative will enforce this section with warnings , fines . and discontinuation of service. as necessarv. In extreme circumstances. failure to complv with this section maY result in revocation of food service permits by the Board ofHealth and/or civil litigation. The following are examples of violations . which rna\ result in City enforcement:

1. Paperwork violations: Failure to report a significant change in menu or kitchen operations; failure to produce (u pon request) a current logbook; failure to document operation and maintenance;

ii. Operational violations: Failure to pump out or clean a grease trap at the prescribed fre quency; illegal modification of a grease trap; bv=pass of a grease trap and willful discharge of grease into the sewer system.

The following are examples of enforcement actions. which may be taken by the Cit\ in response to violations:

1. Paperworkviolations: First offense: Notice ofViolationi each subsequent offense: minimum $100 fine;

ii. Operational violations: First offense: Notice of Violation and/or minimum $250 fine and/or reimbursement of City expenses; each subsequent offense: minimum $500 fine . plus reimbursement of City expenses.

City expenses include staff time, sampling and analysis costs. equipment usage and/or contractor costs to clear any blockages resulting from phvsical violations. Repeated violation may warrant additional and escalating enforcement actions. The commissioner mav require the addition of other treatment processes or units to a grease trap if grease removal standards are not achieved. Such additions include the use of an interior grease trap in-line with an external grease trap, and an effluent filter at the exterior grease trap discharge. The commissioner mav also require periodic selfmonitoring to prove consistent compliance with these guidelines.

Plans shall be submitted to the Department of Public Services Engineering

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AttachmentA:DRA.FTofRevised 'Ch.19SewersandDrains'iD The Codeofthe Cityof Pittsfield, .MA' with proposed revisions shown

Department for a pproval prior to construction.

Exterior grease trap s shall be located on the lot so as to be accessible for servicing and cleaning, and shall be as far from the building as practical. Maintenance shall be of t \·pe and fre quency as s pecified herein. Alternative technologies for collection and disposal of fats , oils . and grease will be considered b v the commissioner u pon demonstration of substantial inability to comply with this chapter.

Sec. 19-~25 . Maintenance of preliminary treatment or flow- equalizing facilities. [Ord. No. 429, § 1, 8-16-1982; Ord. No. 673, § 4, 3-14-1991]

Where pretreatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at ffis..-their expense. Detailed plans describing such facilities and operating procedures shall be submitted to the commissioner for review. and shall be acceptable to the commissioner before such facilities are constructed. The review of such plans and operating procedures shall in no wav relieve the user from the responsibilitv of modifving such facilities as necessary to p roduce a discharge acceptable to the City under the provisions of this chapter.

Sec. 19-26. Accidental discharge / slug discharge control plan.

The commissioner shall evaluate whether each SIU needs an accidental discharge/slug discharge control plan or other action to control slug discharges. The commissioner may require any user to develop. submit for a pproval. and implement such a plan or take such other action that may be necessary to control slug discharges. Alternatively, the commissioner mav develop such a plan for any user. An accidental discharge/slug discharge control p lan shall address. at a minimum. the following:

a) Description of discharge practices. including non·routine batch discharges;

b) Description of stored chemicals;

c) Procedures for immediately notifving the commissioner of am· accidental or slug discharge, as required by this chapter; and

d) Procedures to prevent adverse impact from any accidental or slug discharge. Such procedures include. but are not limited to, inspection and maintenance of storage areas. handling and transfer of materials . loading and unloading operations, control of plant runoff. worker training, building of containment structures or equipment. measures for containing toxic organic pollutants. including solvents, and/or measures and equipment for emergencv response.

Sec. 19-27. Hauled wastewater.

Domestic septage rna' be introduced into the wastewater svstem only at locations designated by the commissioner. and at such times as are established b v the commissioner. Such waste shall not violate section 19·21 of this chapter or any other requirements established b y the Citv. The commissioner requires domestic septage haulers to obtain annual permits through the Citv. No load may be discharged

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without prior consent of the commissioner. The commissioner and other duly authorized employees of the City may collect samples of each hauled load to ensure compliance with applicable standards.

Sec. 19-a528. Installation of control manholes, etc. [Ord. No. 429, § 1, 8-16-1982; Ord. No. 673, § 4,3-14-1991]

When required by the commissioner, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole or sampling location together with such necessary meters, and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole or sampling location, when required, shall be accessible and safely located and shall b e constructed in accordance with plans approved by the commissioner. The manhole shall be installed by the owner at hie-their expense and shall be maintained by hlm-them so as to be safe and accessible at all times.

Sec. 194629. Sampling of waters and wastes. [Ord. No. 429, § 1, 8-16-1982; Ord. No. 673, § 4, 3-14-1991]

(a) All measurements, tests, and analyses of the characteristics of wastewaters and wastes to which reference is made in this chapter shall be determined in accordance with the test methods and procedures as established in 40 CFR Part 136 and shall be determined at the control manhole provided, or upon saitable samples taken at said-the control manhole or at such other sampling location or locations as may be specified by the commissioner. In the event that no special manhole or sampling location has been provided, the control manhole or sampling locations shall be as determined by the commissioner.

(b) Sampling events shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage wastewater works and to determine the existence of hazards to life, limb and property. (The partiealaP analysessampling and analysis involved will be consistent with the a pplicable permit limits and the facilitv discharge method. The commissioner may modify sampling and analvtical methods in order to determine whetheF a t>Trenty-foaF-hoaP eomposite of all oatfalls of a pFemises is appFopriate oF vrhetheF a gFab sample oP samples shoald be talwn. NoFmally, bat not always, BOD and saspended solids analyses aFe obtained from ~venty-foarhouP eomposites of all outfalls wheFeas pHs aPe deteFmined from periodie samples)compliance with this chapter.

(c) All industries discharging into a public sewer shall perform such monitoring of their discharges as the commissioner and/or other duly authorized employees of the eity City may reasonably require, including installation, use, and maintenance of monitoring equipment, keeping records and reporting the results of such monitoring to the commissioner. Such records shall be made available upon request by the commissioner to other agencies having jurisdiction over discharges to the receiving waters. Industrial users shall maintain records of any monitoring activities and sampling results for a period of three years or during the course of any unresolved litigation regarding the industrial user to which the such records may be pertinent, whichever shall be the greater, and shall make such records available for inspection and copying by the commissioner or hle-their duly authorized representative on demand.

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(d) Any industrial user subject to a pretreatment standard shall provide to the commissioner, at a minimum of once every six months or at such greater frequency as the commissioner may require, a report of the nature, concentration and flow of pollutants in the discharge to the sewer from the establishment. Such report shall be signed by a responsible corporate officer or by a general partner or proprietor of the industrial user or by their duly authorized representative and submitted on a form and in such detail and extent as the commissioner may require pursuant to the performance of lHe-their duties under the provisions of this chapter.

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Attachment A: DRAFT of Revised 'Ch. 19 Sewers and Drains' in The Code of the City of Pittsfield, lilA' with proposed revisions shown

ARTICLEV PROTECTION FROM DAMAGE

Sec. 19-~30. Penalty for unauthorized damage to the sewer system. [Ord. No. 429, § 1, 8-16-1982]

No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage wastewater works or sewer collection system. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct and shall be made to provide adequate restitution to restore the wastewater s vstem to p rior condition.

Sec. 19-283 1. Permitting unlicensed person to repair, etc., sewer. [Ord. No. 429, § 1, 8-16-1982]

No owner, agent, occupant or other person having charge of pFemioeo a building connected or to be connected with any public sewer shall allow, direct or permit ~ FepaiFiagthe repair or obotFuetiag obstruction of a public sewer, or any excavation to be made for the purpose of eonneetiag theFewithconnection to the public sewer, except by a person duly licensed for that purpose. Duly licensed persons shall meet all the conditions set b y the commissioner. maintain current registrations and meet obligations of this chapter.

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Attachment A: DRAFI' of Revised 'Ch. 19 Sewers and Drains' in. The Code of the City of Pittslield, .MA.' with proposed revisions shown

ARTICLE VI POWERS AND AUTHORITY OF INSPECTORS

Sec. 19~32. Right to enter premises to inspect waste processes; confidentiality. [Ord. No. 429, § 1, 8-16-1982; Ord. No. 545, § 1, 7-1-1986; Ord. No. 673, § 5, 3-14-1991]

The commissioner and other duly authorized employees of the ~City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provision of this chapter. The commissioner or hls--their representative shall have the authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, food processing, or other industries to determine, pursuant to the requirements ofthis chapter, the nature and source of any discharge to the sewers or \Vatenvays aF facilities for wastewater treatment. The cost of any such inspection, observation, measurement, sampling, or testing FequiFed ta be performed by the commissioner or his-their duly authorized representative in the performance of duties under this chapter shall be assessed to the user at Fates established by the eammissianeF.

The commissioner or his-their representative shall have the authority to copy and inspect company records. Information and data provided to the ~City pursuant to this section which is effluent data shall be made available to the public without restriction. Other such information shall be available to the public at least to the extent provided by 40 CFR, Part 2 . Section .,.302.

Sec. 19-3033. Observance ofsafety rules on private premises. [Ord. No. 429, § 1, 8-16-1982]

While performing the necessary work on private properties Fefened ta in See. 1Q-2Q abave, the commissioner or duly authorized employees of the eity-City shall observe all Feasanable safety rules applicable to the Feal pFemisesfacilitv established by the owner thereof. The owner is required to notify the commissioner or dulv authorized emplo' ee of the City of any applicable safety rules for the facility. ana the latteF shall be hela haFmless foF iajuey aF death ta the eity emplayees and the eity shall indemnify the saia a'b'neF against lass aF damage ta its pFapeFty by eity em13layees and against liability claims ana aemands fop f3eFsanal iajuFy OF f3Faf3eFty aamage asseFted against saia a'NBeF ana gpa'wing aut af the gauging ana sam13ling af3eFatian, eJree13t as sueh may be eausea by negligence aF failUFe af the awneF ta maintain safe eanditiono as FequiFea in See. lQ-27 aF See. lQ-28.

Sec. 19-31-34. Easements on private property and work thereon. [Ord. No. 429, § 1, 8-16-1982; Ord. No. 673, § 5, 3-14-1991]

The commissioner and other duly authorized employees of the ~City bearing proper credentials and identification shall be permitted to enter all private properties through which the ~City holds an easement either a-duly negotiated easement or implied for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage wastewater works lying within said easement. All entry and subsequent work, if any,

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Attachment A: DRAF"l' of Revised 'Ch. 19 Sewers a.nd Drains' in The Code of the City of Pittsfield, ..MA, with proposed revisions shown

on said easement shall be done in full-accordance with the terms City's standard careof the duly negotiated easement pertaining to the pFivate pFopeFty inv:olv:ed. Nothing in this section shall prevent the commissioner or his-their representative from entering upon the premises of any industrial user for the purposes of inspection, observation, measurement, sampling or testing puFsuant to the Fequil'em.ents of this ehapteF.

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Attachment A: DRAFT of Revised 'Ch. 19 Sewers and Drains' in The Code of the City of Pittsfield, ..t\£4' with proposed revisions shown

ARTICLE VII SEWER CONSTRUCTION ASSESSMENTS

Sec. 19-3235. Basis and rates. (Ord. No. 429, § 1,8-16-1982]

The cost of construction of new public sewers shall be assessed upon the owners of estates properties within the territory served thereby by a uniform rate as determined from time to time by the ei4;y-City council under the laws of the commonwealth.

Sec. 19-3336. Developer/contractor to pay costs of construction ia eertaia eases. (Ord. No. 429, § 1, 8-16-1982; Ord. No. 494, § 1, 10-25-1984]

The cost of a eommon public sewer constructed between the sewers forming a part of the system of sevmrage heretofore adopted by the eiW-City and the street lines of a proposed development or subdivision as prescribed by Sec. 2-75 shall be assumed and paid by the developer/contractor of said development or subdivision; and in the event that the Citv determines that additional engineering studies are necessarv to properlv establish potential impact on the existing p ublic sewer system or wastewater plant from the proposed addition, the cost for such studies shall be assumed and paid for b y for the developer/contractor; provided, however, that this section shall be limited to the following conditions:

hl_Application for a permit for such construction shall be made to the department of public utilities by the applicant for the proposed development or subdivision at least 60 days previous to the commencement of such construction; provided, however, that the commissioner at his-their discretion may waive such sixty-day period.

{a)(b) The p roposed sewer additions and improvements shall be configured to conform to the Citv's master plan or other studies .

.(a}( c) A plan of the proposed development or subdivision shall be on file with the planning board and such plan shall have been approved by such board.

Sec. 19-33.-1-1 . Developer/contractor to pay costs of pump stations and other sewer infrastructure . [Ord. No. 542, § 1, 7-1-1986]

(a) The costs of sewer pump stations and other sewer infrastructure to be constructed as parts of proposed developments or subdivisions as described in section 19-.gg....36 shall be assumed and paid by the developer/contractor of said development.

(b) The commissioner shall assess a one-time charge upon the developer/ contractor to defray the estimated costs of operation, maintenance, repair and replacement of saHl pump stations for a peFiod of 20 yeaFo; all eosts :in exeeso of the one-time eharge shall be the responsibility of the eitythe new sewer infrastructure.

(c) Applications for permits shall be made in conjunction with and in accordance with the application described in section 19-~36.

(d) Any developer/contractor who disagrees with the amount of the one- time charge

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Attachment A: DRAFI' of Revised 'Ch. 19 Sewers and Drains' in. The Code of the City of Pittsfield. ..MA' with proposed revisions shown

determined by the commissioner shall have the right to appeal the decision. The matter shall be referred to the eity's City's sewer system consulting engineer who shall independently calculate the amount needed to defray the costs outlined in subsection (a) of this section. The decision of the consulting engineer shall be final and binding on both the ~City and the developer/contractor. The developer/ contractor shall be responsible for all costs resulting from the appeal including the consulting engineer's fees.

Sec. 19-3438. Connection charges. [Ord. No. 429, § 1, 8-16-1982; Ord. No. 494, § 1, 10-25-1984]

Every applicant for a permit to connect with a public sewer other than the sewers built under the provisions of Chapter 357 of the Acts of 1890, shall pay to the eity City for the privilege of entering the same, such sum not less than the rates prescribed by Sec. 19-~35 for assessments on account of sewers built under the provisions of such chapter, as the commissioner may require; provided that no such payment shall be required from the owners of any premises which have been previously assessed on account of the construction of such public sewer, and on which such assessment has been fully paid.

Sec. 19-3539. Payment of assessments not to relieve owners from payment of annual charges or rents for use of sewers. [Ord. No. 429, § 1, 8-16-1982]

The payment of assessments under the provisions of the four preceding sections shall not be construed to relieve the owners of estates so assessed from payment of such just and equitable annual charges or rents for the use of such sewers as may hereafter be established by the eiey-City council for the purpose of defraying the expense of operating and maintaining sueh system of sev;eFagethe wastewater system, and the expense of disposal of the sewage wastewater thereof.

See. 19 36. Plaas, deseriptieas aad l'eeel'd ef ehal'ges; selledule ef assessmeats geael'all:y. [OI'd. Ne. 429, § 1, 8 lei 1982; Ol'd. Ne. 456, § 1, 6 8 1983)

The eommissioner of publie utilities shall eause plans and deseFiptions to be made of all se>Ners forming paFt of the sewer system eonotrueted pursuant to the provisions of this ehapter, with a tFue Feeord of the ehaFgeo fop maldng and FepaiFing the same, whieh plano, deoeFiptions and FeeoFd shall be kept in his offiee. He shall prepaFe plans oF aeseFiptions of the estates to be assessed showing the o•;r,·ners' names, fFontage and areas and shall enter thereon the amount of the assessment made on eaeh estate. He shall make and eertify a sehedule of the assessments so made ana shall eommit the same for eolleetion by the boRrd of assessors.

Sec. 19-~0. Notice of assessment and demand for payment; when assessment due and payable; interest to be charged on delinquent assessments; levy; invalid assessments. (Ord. No. 429, § 1, 8-16-1982; Ord. No. 456, § 1, 6-8-1983]

The collector of taxes upon the receipt of the schedule of assessments, certified by the commissioner of publie utilities as pFovided in Seetion ~. shall forthwith

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Attachment A: DRA.F"'' of Revised 'Ch. 19 Sewers and Drains' in The Code of the City of Pittsfield, ..MA' with proposed revisions shown

render notice of assessments and accounts of the same to the persons named therein, and shall demand payment of the amount assessed and such amount shall be due and payable 30 days from the date of such notice, after which time the interest, at a rate per annum equal to 2% above the rate of interest chargeable to the e City fuy the betteYment pPojeet, shall be charged thereon. If any such assessment shall not be paid within three months after such notice and demand, the collector shall levy on the same with incidental costs and expenses by sale of the land. If any assessment is invalid by reason of error or otherwise the same may be abated by the commissioner of pli:blie 'Utilities or reassessed by himthem.

Sec. 19-3841 . Rate of interest; collection of assessments generally. [Ord. No. 429, § 1, 8-16-1982]

The rate of interest to be charged with reference to the apportionment of sewer assessments shall be as provided under the provisions of Massachusetts General Laws, Chapter 80, Section 13, as amended, and Chapter 83, as amended. Such assessments or apportionments may be collected according to the provisions of law for the collection of taxes upon real estate, and said rate of interest shall be provided under the provisions of Massachusetts General Laws, Chapter 80, Section 13, as amended, and shall be added to all such assessments or apportionments until they are paid.

Sec. 19-3942 . Disposition of funds collected under this article. [Ord. No. 429, § 1, 8-16-1982]

All sums collected under the provisions of this article shall be placed to the credit of an account to be known as a sewer fund, and shall be applied towards the payment of the principal of the debt incurred for the construction of such system of sewerage as the same becomes due and payable from time to time.

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Attachment A: DRAFT of Revised 'Ch. 19 Sewers B.lld Drains' in The Code of the City of Pittsfield, .MA' with proposed revisions shown

ARTICLE VIII SEWER SERVICE CHARGES

Sec. 19-4043 . Levy of sewer service charges. [Ord. No. 429, § 1, 8-16-1982]

A sewer service charge shall be levied against the owners of all properties where users discharge sev1age wastewater into the public sewers of the ei:tyCity.

Sec. 19-4144 . Establishment of rates. [Ord. No. 429, § 1, 8-16-1982; Ord. No. 494, § 1, 10-25-1984]

Charges for sewer service shall be established from time to time by the commissioner and adopted by the ~City council. Such rates shall be computed based upon the total amount budgeted for sewer works operation and administration plus equipment replacement. capital improvements. depreciation. and projections of water use and wastewater discharge by system users and other such factors as shall be necessary to establish such rates. Said rates shall be reviewed biennially to ensure they adequately recover the above costs and are in conformance with the established user charge requirements.

Sec. 19-4245 . Method ofbilling. [Ord. No. 429, § 1, 8-16-1982)

Where a user receives metered water service from the ~City, said user will be assessed a sewer service charge based on ffie-their metered water use times a rate determined pursuant to section 19·4l--44above. Where the user does not have metered water service, said user will be assessed a sewer service charge based on the numbeF and ~e of plumbing fixtuFesusing a methodology that estimates the discharge to the building sewerdFain and Fates foy eaeh fixtuye deteFmined puFsuant to seetion 19·41. Persons wishing to discharge septage to the sewage wastewater plant shall pay a fee equal to the cost of treating the septage.

Sec. 19-4346 . Large industrial users. [Ord. No. 429, § 1, 8-16-1982; Ord. No. 494, § 1, 10-25-1984]

Users discharging large volumes of industrial wastes that are, in the opinion of the commissioner, substantially different from the normal domestic se·Nagewastewater, may contract with the eity-Qjjy_for a special method of billing for sewer service. Any special methods of billing under this section shall in all ways comply with applicable user charge requirements.

Sec. 19-4447 . Surcharges. [Ord. No. 429, § 1, 8-16-1982]

(a) Any user discharging sev:ag:e wastewater that exceeds the strength of normal domestic sevmg:e wastewater shall pay a sewer service surcharge for the pollutants that exceed those in normal domestic sewage wastewater in addition to the sewer charge in section 19-~5 . Surcharge rates for BOD, suspended solids, phosphorous and ammonia nitrogen shall be determined by the commissioner and approved by the eity-:City council based on the average cost of analyzing and treating each type of pollutant.

(b) Any user discharging any toxic pollutant to the sewage wastewater works which causes an increase in the cost of managing the se·.,..·age wastewater treatment plant

Page 36of42


effluent or the sludge generated by the se:r.vage wastewater treatment plan shall pay for such increased costs.

Sec. 19-4548 . Statement of sewer service charges; collection of sewer service charges; liens therefor. (Ord. No. 429, § 1, 8-16-1982]

(a) ~A .. t leastPeriodicallv. approximatelv 30 days before sewer service charges become due, the commissioner shall mail a statement to each owner of premises charged with sewer service rates. The statement shall contain the following information (in addition to any information deemed necessary or appropriate by the commissioner):

(1) The address of the owner;

(2) The location of the property;

(3) The amount of the sewer service charge based upon either a per- fixture charge or metered rate; and,

(4) The date upon which the payment of the sewer service charge is due.

(b) On or before the mailing of the aforementioned sewer service statements, the commissioner shall deliver to the collector of taxes, bills for all sewer service charges together with a eoJ?Feet list of such bills. The bills to the collector of taxes shall contain the same information as that hereinbefore mentioned as necessary to be given by the commissioner to the owner. The commissioner shall make true returns to the auditor of the amount of sewer service charges contained in such lists.

(c) On receipt of such bills the collector of taxes shall proceed to collect the same and shall have authority to bring suit therefor in the name of the ~City in any court of competent jurisdiction. He-The collector of taxes shall give the commissioner a list of all sewer service charges unpaid 30 days after they have been committed to himthem for collection and the commissioner shall thereupon proceed to enforce payment thereof. In the event the sewer service charges remain unpaid for 60 days the commissioner shall cause to be filed in the proper registry of deeds a statement to that effect in full compliance with Massachusetts General Laws, Chapter 40, Section 42B, for the purpose of perfecting a lien for such charges.

Sec. 19-4649 . Appropriation of funds. (Ord. No. 429, § 1, 8-16-1982]

The funds of the sewer department shall be kept separate from other funds of the eityCity, and disbursement of sewer department funds shall be made so that the city City and the sewer commission are always aware of the department's financial condition. Money received by the ~City for sewer rates and other charges shall be received by the collector of taxes and paid to the ~City treasurer. The money paid into the ~City treasury from sewer rates and charges shall be appropriated by the ~City council for the necessary repairs, extension and improvements of the sewer works system; for operating and managing expenses; for the payment of the employees and agents of the sewer department; and for the payment of interest on sewer indebtedness and all payments of principal of such indebtedness and the costs and expenses incurred by special appropriations of the ~City council. The balance, if any, after the payments for the aforesaid purposes may be appropriated

Page 37of42


for such other sewer department purposes as the mayor and the ~City council may from time to time determine.

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Attachment A: DRAFT of Revised 'Ch. 19 Sewers and Drains' in 'The Code of the City of Pittsfield, ..MA' with proposed revisions shown

ARTICLE IX PENALTIES, ETC.

Sec. 19-4!150. Violation of sewer ordinance. [Ord. No. 429, § 1, 8-16-1982; Ord. No. 494, § 1, 10-25-1984; Ord. No. 545, § 1, 7-1-1986)

No person shall violate any provision of this chapter, any regulation established pursuant to it, federal or state law, regulation, or pretreatment requirement or any order of the City relevant thereto, or any conditions of any permit granted pursuant to this chapter.

The ~City may enforce this section by commencing an action for appropriate legal and/or equitable relief. Such relief may be civil, injunctive or criminal.

Sec. 19-4851. Fines for violation of chapter. [Ord. No. 429, § 1, 8-16-1982; Ord. No. 494, § 1, 10-25-1984; Ord. No. 545, § 1, 7-1-1982; Ord. No. 607, § 1, 5-25-1988; Ord. No. 673, § 6, 3-14-1991; Ord. No. 798, § 3, 10-10-1995; Ord. No. 1157, §IV, 9-29-2015]

Any person who shall violate this chapter, any regulation, or any permit granted pursuant to this chapter or regulation shall be guilty of a misdemeanor, and on conviction thereof shall be fined in an amount not exceeding $5,000. or the maximum allowed by state law for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.

The commissioner shall establish from time to time a schedule of offenses and fines therefor, such fines to be levied in accordance with the procedures of Chapter 4 1/2 of this Code. Inclusion or omission of any offense on such schedule shall not prevent the ~City from taking any other or additional enforcement action as may be required to enforce the provisions of this chapter.

Schedules of Fines

Violation of chapter, general $300

Late or incomplete industrial discharge reporting, $100 first offense

Late or incomplete industrial discharge reporting, $100 x number of offenses second and subsequent offense

Making connection or discharging to sewer without $300 permit

Failure to report changes in industrial discharge, $500 slugs, etc.

Exceeding permit limits for regulated pollutants, $500 each

Discharge pH less than 5.5 or greater than 9.5, first $500 offense

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Attachment A: DRAFT of Revised 'Ch. 19 Sewers and Drains' in The Code of the City of Pittsfield. .MA' with proposed revisions shown

Discharge pH less than 5.5 or greater than 9.5, $500 x number of offenses second and subsequent offense

Improper sampling or nonrepresentative $1,000 monitoring of industrial wastewater discharge, after warning

Dilution of discharge to avoid pretreatment after $1,000 warmng

Discharge to sewer of prohibited substance, $1,000 pollutant or waste

Discharge causing interference in operation of $1,000 POT'.V WWTP or pass through not resulting in violation of city NPDES permit

Significant noncompliance with pretreatment $2,500 standards

Discharge euaseing causing interference in $5,000 operation of POT'.¥ WWTP or pass through resulting in violation of city NPDES permit

Discharge to sewer or explosive substances, $5,000 gasoline, fuels, or volatile chemicals not otherwise permitted, etc.

NOTE: Violation of pollutant concentration limits shall be determined by daily average measurements and analyses. Fines shall be assessed per violation per day, each such day constituting a separate violation.

Sec. 19-49-52. Liability to ~City of persons violating sewer ordinance. [Ord. No. 429, § 1, 8-16-1982; Ord. No. 673, § 6, 3-14-1991]

Any person violating any of the provisions of this chapter shall become liable to the ~City for any expense, loss, or damage occasioned by the ~City for reason of such offense, including, in the case of industrial users determined by the commissioner to be in significant noncompliance with applicable pretreatment standards, the cost of publication of such record of noncompliance in the largest daily newspaper published in the area of the POTW wastewater s \ stem as required by 40 CFR Part 403.8.

See. 19 50. (Reserved)*

1. Editel''s Nete: Ol'd. Ne. 494, § 1, adepted 10 25 1984, l'epealed § 19 50 ia its eatil'ety. Fei'Bler § 19 50 was eeaeel'aed with iadastl'ial sewer eeaaeetieas, aad dedwed fl'em Ol'd. Ne. 429, § 1, adapted 8 Hi 1982.

ARTICLE X

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Attachment A: DRAFT of Revised 'Ch. 19 Sewers and Drains' in The Code of the City of

Pittsfield, .MA' with proposed revisions shown

VALIDITY

Sec. 19-S-153. Repeal of inconsistent ordinances. (Ord. No. 429, § 1, 8-16-1982]

All ordinances or parts of ordinances in conflict herewith are hereby repealed.

Sec. 19~54. Severance clause. (Ord. No. 429, § 1, 8-16-1982]

The invalidity of any section, clause, sentence or provision of this chapter shall not affect the validity of any other part of this chapter which can be given effect without such invalid part or parts.

Sec. 19-5355. through Sec. 19-59. (Reserved)

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AttacbmentA:DRAFTofRevised 'Ch.19Sewersa.ndDrains'in The Codeofthe Cityof Pittsfield, .MA' with proposed revisions shown

ARTICLE XI (RESERVED)2

Sec. 19-60. through Sec. 19-63. (Reserved)

2-.-1. Ed.itel''s Nete; Fermer §§ 19 60 threugll 19 63, whieh eemprised Art. XI ef Ch. 19, pe:rtaiaed te the sewer eammittee, aad. del'i¥ed fl'em O:rd. Ne. 4 84, § 1, adapted 7 2 1984, were l'epealed hy § 2 ef Ord.. Na. 601, adapted 3 2 1988.

Page 42of42

cc 1

RECEIVEO·CliY CLEi!K ClTY OF rrfTSi-1€U1. ~ ~

ctettp of ~ttt!)fttlb 2020 FEB 18 f\H 10: 35

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To the City Council of the City of Pittsfield:-

The undersigned respectfully

Honorable members of the City Council and Colleagues submitted is a petition asking the Mayor to

Appoint a City Youth Advisor as it refers to Section 2-228.4 Article XL Youth Commission part II: The Code

I Administration in the City Code.

Respectfully Submitted,

'

Kevin J Morandi

Ward 7 City Councilor Ward 2 City Councilor

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CITY t)f f'ITTsrti7r n it:~ ' - ..... u, .-Tf.:t.,.

202DHAR -4 AH II: 44

---'-M'-'-a::..:.r--=-.ch;..;........;..4 _ ___ 20 20 _

To the City Conncil of the City of Pittsfield:-

The nndersigned respectfully

Honorable members of the City Council and Colleagues submitted is a petition, asking that the City

Solicitor and Ordinance and Rules Committee adopt Massachusetts General law Chapter 85 Section 17

A and ban this activity from Park Square to Hubbard Avenue and from North Street to Tyler Street to

Hubbard Avenue on all medians and sidewalks due to high traffic volume and for the safety of the

motorist due to distractive driving and the safety of all pedestrians in a dense traffic volume routes.

Respectfully Submitt~,

·--4~ / _/'wy

~yVM ccio

;;$~/ /

Ward 7 City Councilor

•

I'he 191St General Court oftheCOl11ll1011\\·ealth of Massachusetts

1. General Laws

2. Part I

3. TitleXIV

4. Chapter 85

Section 17A General Laws

Section 17 A: Soliciting from vehicles on public ways

Section 17 A Whoever, for the purpose of soliciting any alms, contribution or subscription or of selling any merchandise, except newspapers, or ticket of admission to any game, show, exhibition, fair, ball, entertainment or public gathering, signals a moving vehicle on any public way or causes the stopping of a vehicle thereon, or accosts any occupant of a vehicle stopped thereon at the direction of a police officer or signal man, or of a signal or device for regulating traffic, shall be punished by a fine of not more than fifty dollars. Whoever sells or offers for sale any item except newspapers within the limits of a state highway boundary without a permit issued by the department shall for the first offense be punished by a fine of fifty dollars and for each subsequent offense shall be punished by a fine of one hundred dollars. Notwithstanding the provisions of the first sentence of this section, on any city or town way which is not under jurisdiction of the department, the chief of police of a city or town may issue a permit to nonprofit organizations to solicit on said ways in conformity with the rules and regulations established by the police department of said city or town.

Copyright© 2020 The General Court of the Commonwealth of Massachusetts

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2020 JUN -3 AH 10: 4fi

----~J~u~n~e~J~ _____ 20 ~

To the City Council of the City of Pittsfield:-

The undersigned respectfully

That Commissioner Morales explore and implement safety and traffic calming measures to improve the intersection of Lakeway Drive and Valentine Road.

Respectfully submitted

Peter M. Marchetti City Council President

d·city cleb city of pittsfield ~~~~~~~~~~~~uncil lolo … · jon pickwell walt pickweu bob race...

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