PITTSFIELD, Mass. — The city solicitor has ruled that the city is going to have to pay a dated electric bill for the softball complex on East Street.

 

The City Council was looking to contest responsibility of a $1,701.28 Eversource electric bill dating back to 2012. The bill is attributed to the final months of Berkshire County Softball Complex Inc.'s operations there, and city officials said Jim Bridges, who headed it, should have been responsible.

 

Two weeks ago, the council rejected paying the bill and referred it to City Solicitor Richard Dohoney. This Tuesday, however, Dohoney said the city is liable because of an outdated practice of putting the bill in both the tenant's and the city's name. 

 

"We've kind of exhausted our options to recover from Mr. Bridges," Dohoney said. "I wouldn't wait for the check."

 

Bridges had entered a lease agreement with the city in the 1980s, before there were procurement laws in place or a purchasing department, and for years he had paid the bill. But the non-profit was dissolved and Berkshire County Softball Complex was taken to court by creditors.

 

Dohoney said since the city's name has always been on the account, with it being in the care of the non-profit, the only recourse possible would be to get it from the non-profit, which no longer exists. Dohoney said he could attempt to go to small claims court, but doesn't expect that to pan out in the city's favor.

 

Director of Finance Matthew Kerwood said the agreement was likely a common practice when it was first reached but now the utilities are entirely in the lessee's name. Dohoney added that with procurement laws, such a practice would never occur today. 

 

"When you get burned, you learn that probably wasn't the best idea," Kerwood said.

 

For years, Bridges and the city had a strong relationship but Kerwood said, "it ended poorly and this is the leftover of that."

 

"Going forward, we don't do that. Any leases we have, the tenant takes it completely in their name," interim Director of Maintenance Brian Filiault said. "There is nothing to go after, the corporation is closed. It was dissolved." 

 

The City Council agreed to pay the debt, rather than paying to take it to court. 

 

In other business, the City Council accepted a $40,000 grant to change out nearly all of the city's phones to a voice over-IP-system. The project is estimated to cost about $200,000 in total, with the city kicking in $160,000. 

 

Kerwood said the City Council authorized the borrowing in 2016 to replace the phones in just about all departments except police and fire. Consultants working on the project, however, said there were more upgrades needed to ensure all of those departments moved to the new system, which was not accounted for in the authorization. 

 

The grant was found through Gov. Charlie Baker's Community Compact program for information technology improvements. The switch out of the system essentially moves from the typical landline set up to an internet-based system. 

 

"We built in redundancy so there is really no chance the internet will go down," Kerwood said.

 

Kerwood said the project is still in its infancy, so it isn't exactly known what the final costs will be. 

 

The City Council also accepted a $92,999.78 grant from the Massachusetts Department of Transportation for the purchase of a new skid steer. The equipment costs $116,249.47 and the state is paying 80 percent of that. The city is paying the rest from the contingency account.

 

The airport also has the approval to hire Anderson & Kreiger LLP to review the contracts for a large solar project. Airport Manager Gloria Bouillon said the company has a specific specialty in solar projects at airports, and the company would review the contracts prior to the city solicitor's review. The fees will be paid by the developer.

 

Oak Leaf Energy Partners is looking to build a large solar array on airport land, using some 25 acres. Bouillon said the city is now starting contract negotiations regarding the lease but expects it will generate a significant increase in revenue for the airport.