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The council unanimously rejected a vote of no confidence on Oct. 9 against the city solicitor.

Pittsfield Councilors Accused of Open Meeting Breach

By Joe DurwinPittsfield Correspondent
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At-Large Councilor Barry Clairmont said Friday that allegations he and other councilors violated open meeting law are 'off base.'
PITTSFIELD, Mass. — The political rift between members of the City Council continues with allegations of open meeting law violations.

At-Large Councilor Melissa Mazzeo is accusing five other councilors of violating aspects of Massachusetts open meeting law. The council will review the matter at its meeting Tuesday, Nov. 13.

Ongoing disagreement between councilors over the handling of matters related to the recently settled lawsuit with Spectrum Health Systems over the placement of a methadone treatment clinic last month resulted in a petition by Councilor Christine Yon and Council President Kevin Sherman calling for a no-confidence vote in City Solicitor Kathleen Degnan. While the petition was dropped after extensive discussion and public input at the Oct. 9 meeting, Mazzeo says the discussion of the petition which played out in local media during the week prior constitutes a violation of open meeting law.

Mazzeo had earlier condemned the no-confidence petition at the time of its first announcement on local radio, calling it "a parliamentary ruse to embarrass the other side."

In her complaint, Mazzeo accuses Councilors Barry Clairmont, John Krol, Yon, Jonathan Lothrop and Sherman of undue deliberation on the petition by Yon and Sherman prior to the release of the agenda to the council and public, which she says was demonstrated in interviews with several of the councilors in question during appearances on two local talk-radio broadcasts.

"I am concerned, on a number of levels, about many councilors' conduct in this matter," Mazzeo summarizes in her written complaint. "First, that Councilor Clairmont was able to take another councilor's petition and read it on air before it was publicly posted.  Second, given comments made by Councilors Clairmont, Krol and Yon on radio programs, it was clear discussions had taken place between councilors about the petition."


Specifically, Mazzeo points to two appearances by Clairmont on different radio shows on the mornings of Oct. 3 and 4, prior to the release of the Oct. 9 agenda, as well as an appearance by Yon on Oct. 4, and the morning of Oct. 9. Additionally, her complaint takes issue with Clairmont and Krol for allegedly alluding to grievances they had with the city solicitor's performance in other areas, though the no-confidence petition included only references to her handling of the Spectrum case.

"For now all I'll say is that I deny any wrong doing," Clairmont told iBerkshires, "and believe the charges leveled by Councilor Mazzeo are way off base."

Sherman issued a communication to the council containing a series of recommendations described as "an effort to bring the issues in the complaint to resolution in a unified voice without revisiting prior discussions or adjudicating the law inappropriately."  These include refraining from discussing proposed agenda items until they are officially listed as agenda items, a reminder to "act in a professional decorum when discussing their opinions on issues through all forms of media."

Finally, says Sherman, "Councilors are asked to reflect upon the fact that the item referred to above that was debated on October 9, 2012, was resolved with a unanimous 11-0 vote of the City Council to file the petition that was before us and the matter is now closed."

The attorney general's office has granted an extension to the usual 14-day period in which the City Council must review the complaint and send it back, along with a description of any action taken, so that the council may review it at their Nov. 13 meeting and provide a response no later than Nov. 23.

Tags: city council,   open meeting ,   Spectrum Health,   

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West Nile Virus Confirmed in Mosquitoes From Pittsfield

Staff Reports

PITTSFIELD, Mass. — The Massachusetts Department of Public Health (MDPH) announced today that West Nile virus (WNV) has been detected in mosquitoes collected from Pittsfield.

The City of Pittsfield has confirmed two isolations at the Pittsfield-Richmond town line on Route 41 and the other at Garland Avenue.

WNV is most commonly transmitted to humans by the bite of an infected mosquito. The mosquitoes that carry this virus are common throughout the state and are found in urban as well as more rural areas. While WNV can infect people of all ages, people over the age of 50 are at higher risk for severe infection. 

At the time, there are no confirmed human cases of WNV, but residents are encouraged to take the following actions:

Avoid Mosquito Bites

  • Apply Insect Repellent when you go outdoors. Use a repellent with DEET (N, N-diethyl-m-toluamide), permethrin, picaridin (KBR 3023), IR3535 or oil of lemon eucalyptus [p-methane 3, 8-diol (PMD)] according to the instructions on the product label. DEET products should not be used on infants under two months of age and should be used in concentrations of 30 percent or less on older children. Oil of lemon eucalyptus should not be used on children under three years of age. Permethrin products are intended for use on items such as clothing, shoes, bed nets and camping gear and should not be applied to skin. 
  • Clothing Can Help reduce mosquito bites. Although it may be difficult to do when it’s hot, wearing long-sleeves, long pants and socks when outdoors will help keep mosquitoes away from your skin.
  • Be Aware of Peak Mosquito Hours - The hours from dusk to dawn are peak biting times for many mosquitoes. When risk is increased, consider rescheduling outdoor activities that occur during evening or early morning. If you are outdoors at any time and notice mosquitoes around you, take steps to avoid being bitten by moving indoors, covering up and/or wearing repellant.

Mosquito-Proof Your Home

  • Drain Standing Water – Many mosquitoes lay their eggs in standing water. Limit the number of places around your home for mosquitoes to breed by either draining or getting rid of items that hold water. Check rain gutters and drains. Empty any unused flowerpots and wading pools and change water in birdbaths frequently. 
  • Install or Repair Screens - Some mosquitoes like to come indoors. Keep them outside by having tightly-fitting screens on all your windows and doors.

While the City of Pittsfield and Berkshire County Mosquito Control project continue to work closely with the MDPH and other agencies, locally we are taking the following actions: larvicide application, conducting targeted education programs, distribution of fact sheets on WNV and on reducing exposure to mosquitos and treating catch basins.

Additional information about WNV and reports on current and historical WNV virus activity in Massachusetts can be found on the MDPH website at: www.mass.gov/dph/mosquito.

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