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Pittsfield Parks Commission Approves Draft MOU for Springside Pump Track
By Brittany Polito, iBerkshires Staff
05:22AM / Thursday, June 22, 2023
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PITTSFIELD, Mass. — More than a year after the approval of a bike skills facility in Springside Park, the Parks Commission has approved a draft memorandum of understanding with its purveyors.

The New England Mountain Bike Association plans to place a bicycle skills park and pump track near the north playground of the park at no cost to the city.  

Since late 2021, Parks, Open Space, and Natural Resource Program Manager James McGrath and Commissioner Anthony DeMartino have been negotiating an MOU with NEMBA. The draft will go back to the organization, which can decide whether to accept or reject the terms.

"We seem to have come to an agreement on a number of issues and the last one that was outstanding was the matter about escrow funding for the removal," McGrath explained.

"If you recall that the city's first position on that was that the cost for the removal of the project would be developed as the project was designed. Whoever is designing it would put a price tag on the removal and our position initially was that money needs to be put aside in escrow and be able to be used at any point in the future when it was mutually agreed that the bike skills park would come offline and would be discontinued."

In further conversations, the city felt it was reasonable to request the full amount be carried over the course of many years. The parties came to an agreement that half of the initial cost is given back in a five-year period and the remaining 50 percent is given back in a 10-year period.

"The funds raised by NEMBA for the demo of the Bike Skills Park shall be held by the City in fund available to pay for the removal of the Bike Skills Park "the "Removal Fund). Fifty percent (50%) of the funds for removal shall be released to NEMBA or its designee on the 5th anniversary of the opening of the Bike Skills Park," the MOU states.

"The balance, if not expended for the removal of the Bike Skills Park shallowing be released to NEMBA or its designee on the 10th anniversary of the opening of the Bike Skills Park."

McGrath said this is a recognition that there will be wear and tear over time despite if it is being well-maintained.

"NEMBA had pushed back and said, 'Why should we be responsible for removing this city asset in perpetuity?'" he said. "And I think that resonated with us."

DeMartino said the MOU is multi-faceted, delineating the procurement process that must happen, outlining the responsibility for maintenance, and designating the responsibility for removal.

Given that the proposal involves a new facility, if it were to fall in disrepair or need to be removed on a level determined by the city, the MOU aims to ensure that portion of Springside Park can be returned to its prior state.

"The goal would be that should this fall under those categories and needs to be removed that we can return that land to field as it was," DeMartino said.

"And given the fact that this is proposed to be an asphalt structure in portion and earth ware and things on the earth ware that the city is in the position that within five years things should be fine, that's certainly well within its early life maintenance but you get into years five and ten then okay, are they really holding up their end of the bargain or is this not being maintained to city standards."

If the park goes for 10 years, NEMBA continues to maintain it, and the city decides to remove it then the cost will fall under the city's responsibility.

The MOU has been vetted by the city solicitor if there is an agreement from the other party it will be cleaned up and returned to the commission for final approval.

"What we have before us is the city's position on this memorandum of understanding with the NEMBA organization," DeMartino said. "It is effectively in their court to accept it."

This project has been on the table since 2020 and was officially approved at the end of 2021.

Opponents of the track have argued that it will destroy the natural beauty and ecology, create heavy traffic that would ruin the road and disrupt enjoyment of the park, and cause severe damage to a treasured natural resource in the heart of the city. They have urged the commission to reject or relocate the skills track.

Victor and Zura Capelli, who have regularly spoken against the proposal and mountain biking within Springside Park, are opposed to many parts of the MOU.

"The insurance policy needs to cover the cost of vandalism because who will pay the premium for the property insurance to cover theft and vandalism," she said.

"It will be a very bitter pill to swallow when bike tracks and pickleball courts are going up and the homeless in Pittsfield remain unhoused. Living under a tree in Springside Park, someone will walk out of their tent and say, 'Gee, I'm living under a tree and bike pump tracks and pickleball courts are going up.'"
 

NEMBA Bike Skills Park MOU by Brittany Polito

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