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COUNCIL AGENDA GETS MIRED IN QUESTIONS OF LEGALITY WHILE WORKING TO OBSCURE THE TRUTH

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BY DAN VALENTI

PLANET VALENTI NEWS AND COMMENTARY

(FORTRESS OF SOLITUDE, TUESDAY AUG. 9, 2016) — The agenda for tonight’s meeting of the Pittsfield City Council exemplifies the preference of Official Pittsfield to keep its citizens in the dark. We can’t get into all of the crawling dishonesties, but three examples should suffice.

Point 1 — Legality?

We aren’t sure of the legality of the agenda and therefore the meeting. The agenda did not appear to be posted on the city’s home page in a timely fashion. Posting on the council’s page is fine, and THE PLANET did find it there, but to the best of our knowledge that cannot satisfy the legal requirements by itself. The agenda must be on the home page. It didn’t appear to be. If that is the case, the blame falls on council president Peter Marchetti. He has enough political experience — that third-rate quality incumbent and retread candidates magnify during every campaign — to know better. The city has broken the Open Meeting Law a bunch of times. This time it may to hit someone personally in the wallet. Fortunately, Marchetti’s a banker. He knows all about money.

Point 2 — Give us English, Not Gobbledygook

The four-page agenda has about 400 pages of supporting documents, enough to entomb The Cardiff Giant. Agenda item 11 is a request from mayor Linda Tyer for the council “to approve a Tax Agreement for personal property with Syncarpha Hancock III, LLC.” This mysterious sentence appears to be a tax break. Syncarpha Hancock III, a developer from Delaware, wants to build a “wholesale” solar generating plant at 42 Central Berkshire Boulevard on land owned by Hancock Shaker Village.

The agreement “explains” how the company will pay its property taxes. THE PLANET can hear you know with the Dragnet “dum-de-DUM-dum.”

We looked for an honest lawyer or a four-year-old child to decipher the legalese. Finding neither, we waded into the wordy swamp ourselves. Best we can tell, the city has granted a fixed tax rate that shall remain the same even when taxes go up. Taxpayers lose moneyTHE PLANET then read this ominous line: ” … the Developer [Syncarpha] will not be assessed for any statutory personal property taxes to which the Project would otherwise have been subject under G.L. c. 59 … .” Looks like Mary Jane and Joe Kapanski lost more money.

You’d never know all this by looking at the agenda. Would it spoil some vast, eternal plan for Marchetti to add some plain, English sentences — a couple should suffice — spelling out exactly what this “agreement” means for citizens and taxpayers should the council approve? Ah, but that would mean informing citizens, eh Pete?

This appears to be another deal to shortchange the public treasury at the hands of The Connected.  Our Right Honorable Good Friends dare not reject this.

Point 3 — To Transparency, the Invisible Ghost in the Gauzy Veil

In official Pittsfield, “transparency”means “to obscure by hiding.” Thus, for agenda items that will either spend or lose money for taxpayers, Marchetti, like all “good” council presidents, eschews obfuscation (we couldn’t resist!). Agenda item 9 asks the council to OK a new lease for the company that rents one of the buildings at the airport’s Westview Business Park. The company is changing from a partnership (LAS Realty) to a limited liability corporation (6 Westview LLC).  There are 80 pages in the packet. Here’s what THE PLANET gleans, in English:

The brothers Lior, Amir, and Shye Evan, who operate Pittsfield News out of the Westwood facility, were beneficiaries of the initial 40-year lease signed in 1987 by then-mayor Charlie “We Don’t Need No Stinkin’ Mall” Smith and “Tell ‘Em Angelo Sent You” Stracuzzi, late of Biddeford, Maine. That deal gave the brothers 40 years at an annual rent of $1 a year. That’s not a typo: 40 years for $40 dollars. As you can see, Charlie and Angelo drove a hard bargain. Nothing was in it for them, we’re sure.

That original deal, if not redone, expires at the end of next year. If the council does nothing, at expiration, all bets are off. The brothers have the right to request a 40-year extension but this time it would be on terms more favorable to the city treasury — your money. The city can require fair-market rental, but only if the council rejects this deal. What would fair-market rental be? $2,000, $3,000, $5,000 a month? More? We don’t know. It would appear certain, however, that the airport commission, council, and mayor have a once-in-40-year opportunity to do right by citizens.

You know, of course, the council will approve this deal. This likely means another 40 years, to 2057, for another 40 bucks. Just tell ’em Angelo spent you.

And now you see why Pittsfield council presidents don’t tell the truth when composing agendas. Folks, you have to fend for yourself or continue to get eaten alive.

——————————————————————————————-

“He’s a good teapot but a lousy pourer.”Sir Tiberius Fruitjuice

“OPEN THE WINDOW, AUNT MILLIE.”

LOVE TO ALL.

The views expressed in the comment section or opinions published within the text other than those of PLANET VALENTI are not those of PLANET VALENTI or endorsed in any way by PLANET VALENTI; this website reserves the right to remove any comment which violates its Rules of Conduct, and it is not liable for the consequences of any posted comment as provided in Section 230 of the Communications Decency Act and PLANET VALENTI’s terms of service.

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heh heh
heh heh
7 years ago

Sometimes when a business gets a tax break it has to do with the number of employees it will hire. How many people does it take to operate a solar panel field? How much will all these jobs pay and are there good benefits? Is health insurance included? Will senior citizens be able to apply for at least some of these positions?

spagirl
spagirl
7 years ago

Fending for yourself or get eaten alive. Pittsfield Citizens need a very strong, powerful advocate to stand up to this crap by these corrupt bastards. Someone who can maneuver through the system. The Citizens who do care, don’t even get a voice, …..reality is the corrupt bastards don’t give a sh…..t

Hackett
Hackett
Reply to  spagirl
7 years ago

The citizens need Dan Valenti.

The School committee
The School committee
7 years ago

We gave Hancock Shaker Village 450 thousand taxpayer dollars a couple of years ago because they are a economic engine.
Hancock repurposed the money….is it legal to do that or was that a scam…I elected this Mayor to stop giving my neighbors 1300 SS money away…he needs it to pay taxes.
Worst Mayor in history because she knows why she got elected but is giving the poor of pittsfield the middle finger…..She needs to spend the summer in the hood …not hobknobbing with the powerful.

Shakes His Head
Shakes His Head
Reply to  The School committee
7 years ago

Maybe the poor should work a little harder or get educated.

Shelly Liver
Shelly Liver
7 years ago

Anyone hear about another Ramp-age at the Onota Boat Ramp last night.

heh heh
heh heh
Reply to  Shelly Liver
7 years ago

Excuse me? Nothing happened and if it did you don’t know anything about it. Pittsfield is a peaceful haven for tourists and their money and we are not going to discuss any realities of life that may indicate otherwise.

In the future please use words like Utopia, Garden of Eden , and Shangri-la when discussing Pittsfield or its inhabitants.

thank you very much for your cooperation

spagirl
spagirl
Reply to  heh heh
7 years ago

And tourists, …Art, ….Theatre, …Hotel on North Amen!!

h
h
Reply to  Shelly Liver
7 years ago

Unfortunately, shot fireds and connected, individual sent to emergency room. What’s going on????????

heh heh
heh heh
Reply to  h
7 years ago

Probably some nurse shooting off a cap gun because she was happy to be going to her job at the emergency room. Happens all the time. Don’t blow the whole celebration out of proportion.

thank you for your cooperation again

Hackett
Hackett
Reply to  Shelly Liver
7 years ago

I can tell you about what I onot only heard but saw!! From afar but saw enuf of. Boat ramp at Onota. Some young guys with their bimbos. Lots of drinking. They were loud all night. Shouting like there was a fight or disagreement. Next thing I hear was “pop…pop” only it wasn’t cap guns or tootsie pops. Thats when we got outta there…..after ducking that is. No police in site. We didn’t feel safe.

Remember when we used to be able to go the lake and not worried about getting shot. Thanks Mayor Tier for getting tough on crime.

Peter Marchetti
Peter Marchetti
7 years ago

What are the requirements for filing and posting meeting notices for local public bodies?

For local public bodies, meeting notices must be filed with the municipal clerk with enough time to permit posting of the notice at least 48 hours in advance of the public meeting. Notices may be posted on a bulletin board, in a loose-leaf binder, or on an electronic display (e.g. television, computer monitor, or an electronic bulletin board), provided that the notice is conspicuously visible to the public at all hours in or on the municipal building in which the clerk’s office is located. In the event that the meeting notices posted in the municipal building are not visible to the public at all hours, then the municipality must either post notices on the outside of the building or follow one of these alternative posting methods approved by the Attorney General in 940 CMR 29.03(2)(b):

public bodies may post notice of meetings on the municipal website;
public bodies may post notice of meetings on cable television, AND, post notice or provide cable television access in an alternate municipal building (e.g., police or fire station) where the notice is accessible at all hours;
public bodies may post notice of meetings in a newspaper of general circulation in the municipality, AND, post notice or a copy of the newspaper containing the meeting notice at an alternate municipal building (e.g., police or fire station) where the notice is accessible at all hours;
public bodies may place a computer monitor or electronic or physical bulletin board displaying meeting notices on or in a door, window, or near the entrance of the municipal building in which the clerk’s office is located in such a manner as to be visible to the public from outside the building; or
public bodies may provide an audio recording of meeting notices, available to the public by telephone at all hours.
Prior to utilizing an alternative posting method, the clerk of the municipality must inform the Division of Open Government of its notice posting method and must inform the Division of any future changes to that posting method. Public bodies must consistently use the most current notice posting method on file with the Division. A description of the alternative posting method must also be posted on or adjacent to the main and handicapped accessible entrances to the building where the clerk’s office is located. Note that, even if an alternative posting method has been adopted, meeting notices must still be available in or around the clerk’s office so that members of the public may view the notices during normal business hours.

Dan we post on bulletin board outside city hall and bulletin board outside clerks office as the two primary places.

We also post twice on website as alternative options. Thanks for pointing out link does not work. We will get it fixed but no violation has occurred as it is not required to be on website

12 Gauge
12 Gauge
Reply to  Peter Marchetti
7 years ago

Sounds reasonable

Terry Kinnas
Terry Kinnas
Reply to  Peter Marchetti
7 years ago

Peter, does each organizational unit have their own options to post at an alternative posting location?

Peter Marchetti
Peter Marchetti
Reply to  Terry Kinnas
7 years ago

I don’t believe so

southeast
southeast
7 years ago

If solar is so great, why can’t it generate enough to pay the property owner AND their share of taxes? This seems like a no brainer. No tax break.

On the Agenda. I thought the official; posting place of the Agenda was on the City hall bulletin board. Was it posted there? Was it posted in a timely fashion?

If it was posted on that board, then this seems to be a tempest in a teapot as they say. If the City’s website is the (or one of the) official posting places – then I am wondering why all these folks with so much experience can screw it up?

Shakes His Head
Shakes His Head
Reply to  southeast
7 years ago

Really what will be their burden on the tax payer? if you talk about paying pair share of taxes, why don’t you start with Columbia Arms or Soldier On?

Shakes His Head
Shakes His Head
Reply to  Shakes His Head
7 years ago

*fair

southeast
southeast
Reply to  Shakes His Head
7 years ago

it’s a commercial operation. I pay taxes on my buildings, and on my tools (personal property). When you “improve” land – it gets taxed. if the improvement is used to produce something, it gets taxed.

Fairness is not if the tax is the right amount, but if others doing the same or similar things are getting taxed, then this entity should get taxed. there is enough money in this deal to pay rent to the land owner, there is enough money in this deal to make a profit, then there should be enough to pay the taxes due.

If they get a tax break, it means that someone else is paying what they should be paying.

12 Gauge
12 Gauge
Reply to  Shakes His Head
7 years ago

Soldier on can’t afford it. They need the money to pay do nothing Downing……long live the hackorama .

Anon E. Mouse
Anon E. Mouse
7 years ago

Finally, a Mayor and city council that are going to discuss parking on North St, hallelujah!

heh heh
heh heh
7 years ago

One version of the urban dictionary says that “tax break” is synonymous with “kickback”

If you have never used the urban dictionary you might want to try it ..it is very enlightening

Paul
Paul
7 years ago

Happiness is Pittsfield in the rear view mirror!

B. Clairmont
B. Clairmont
7 years ago

I can clarify the tax issue, if it helps.

The State, not Pittsfield sets the structure and rates for Solar projects. The agreements still need to be approved by the Council, which is why it’s on the agenda.

This is out of the City’s control. It’s part of the states way of promoting solar energy projects.

They will pay taxes, its just fixed for the term of the project.

If you don’t like the structure, complain to your state rep’s and senators and Mr. Baker.

Hope this helps.

heh heh
heh heh
Reply to  B. Clairmont
7 years ago

How many panels do I need to put on my roof to get my property taxes lowered? I am thinking 10 panels and change my name to Stanley. Maybe even Stanley Stanley so I am eligible for the whole 14 year plan.

12 Gauge
12 Gauge
Reply to  heh heh
7 years ago

That may raise them as it’s an improvement

12 Gauge
12 Gauge
Reply to  B. Clairmont
7 years ago

Start with Tricia. She was screwing this stuff up long before Baker started taking.

Ed Check
Ed Check
7 years ago

Dan,
I’m glad you aren’t teaching math at BCC.
1987 to 2017 is 30 years into a 40 year lease.
Pittsfield is on the hook for another ten years for these leases, unless the start was 1977.
Perhaps this corporate structure change can allow for a renegotiation, but others will have another ten years (approximately).

12 Gauge
12 Gauge
Reply to  danvalenti
7 years ago

Stay away from Common Core

MrG1188
MrG1188
7 years ago

Hey…Big ups to Mssrs. Marchetti and Clairmont for engaging and explaining stuff on this forum. Barry has chipped in here several times and is always informative and enlightening. They certainly aren’t required to so it’s nice, and very professional, that they do. Thanks guys.

dusty
dusty
Reply to  MrG1188
7 years ago

I agree and wish they would do so more often. There is so much that goes on in this city that is suspicious so any time they want to clear something up it is that much less disgust we have for our city government.

spagirl
spagirl
Reply to  MrG1188
7 years ago

Always be humble and kind…… Thankyou!! Barry and Peter

mi
mi
7 years ago

Not so much as a peep so far out of the Beagle concerning last nights Rampage at Onota Lake, everything but?

heh heh
heh heh
7 years ago

Probably waiting for the sanitized version from the mayors office.

The School committee
The School committee
7 years ago

I would like Council Marchetti to start the school department discussion soon so that next year we dont watch a council that pretended to be surprised at the budget…..the school teachers will get raises again with chapter 70 money between 250l k and 500 extra I believe .25 percent for every 250 k extra…….Peter Marchetti must not have any family retired who is financially having a tough time with taxes….lucky

Dilly Dally
Dilly Dally
7 years ago

Fireball will be monitoring the area from now on.

12 Gauge
12 Gauge
Reply to  Dilly Dally
7 years ago

Who is fireball?

The School committee
The School committee
7 years ago

Do not enjoy the lake because it can end in death…..dont go to Allendale school…or Onota lake….or Tyler street

12 Gauge
12 Gauge
Reply to  The School committee
7 years ago

One can bring their friends, Smith and Wesson

Pat
Pat
7 years ago

There is an article about the stabbing at Onota Lake on iberkshires.

Pat
Pat
7 years ago

I say stabbing, but at this point police are not saying whether it was a stabbing or a shooting. Witness accounts are saying both according to the article.

Pat
Pat
7 years ago

Some eye witnesses are saying it was a stabbing, others are saying it was gunshot according to the article.

Mark powell
Mark powell
7 years ago

Pittsfield News, I’m sure pays the help top dollar since they have this sweetheart deal.

Dilly Dally
Dilly Dally
7 years ago

Speakers tonight at the three minute mic are from Conn. long-meadow and beyond. w t f?? this could go on all night.

mi
mi
7 years ago

Agree Dilly. Zoo operations should be discussed in a seperate forum, don’t these people realize we have serious financial and tax discussions Instead of animals. This is a farce!

CosbeisLadies
CosbeisLadies
7 years ago

You could speak for three hours how would Smacheti stop it?

Anon E. Mouse
Anon E. Mouse
7 years ago

So if Dan had talked to Pete, Barry, and Ed before he posted this exition he would have better information? What a brilliant concept…get some facts.

non pareil
non pareil
Reply to  Anon E. Mouse
7 years ago

what planet are you from?

Really?
Really?
7 years ago

Really?

Connell just said he wants to keep animals available for entertainment, but wants a city official to oversee them.

He claims he wants to cut the budget, but wants to spend money checking on circus animals. How are you going to pay for it Councilor?

This double speak is one of the MANY reasons he shouldn’t be the state rep.

Really?
Really?
7 years ago

Really?

Morandi thinks elephants come from Mexico. He also said they would be worse off in the wild.

You can’t make this stuff up!

It’s sad that he represents this City.

heh heh
heh heh
Reply to  Really?
7 years ago

Trump is going to build a wall to keep them Goddamn Mexican elephants in their own country. If we allow them in they will eat all the circus peanuts.

and I hope he makes the Mexican elephants pay for the wall.

Really?
Really?
Reply to  heh heh
7 years ago

Really?

LOL, thanks for making me laugh.

non pareil
non pareil
Reply to  heh heh
7 years ago

LOL

Alexander Waverly
Alexander Waverly
7 years ago

Every breath you take and every move you make
Every bond you break, every step you take, I’ll be watching you
Every single day and every word you say
Every game you play, every night you stay, I’ll be watching you

Henry LaMere'
Henry LaMere'
7 years ago

Tell Lies Tully almost said something meaningful…..almost