Pittsfield Health Board Seeking Funds to Stop Cell Tower

By Brittany PolitoiBerkshires Staff
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PITTSFIELD, Mass. — More than two months after voting to issue a cease-and-desist order on the Verizon cell tower at 877 South St., the Board of Health has decided to act on it.

That's if the mayor agrees. 

This vote was conditioned on the order being withdrawn without prejudice if the board is unable to retain legal counsel prior to any administrative or judicial proceeding.

The order will be sent out by Friday and Verizon will have one week to respond. The board will meet with Mayor Linda Tyer on April 13 to request the funds needed for legal counsel.

Because it would be city monies, the allocation would also have to be approved by the City Council.

"It's been a really complicated process," Chair Bobbie Orsi said at Wednesday's meeting.

Orsi and member Brad Gordon debated on whether to send the order without first securing funds and a contracted attorney or to take a leap of faith and figure things out as they go along.

This decision was a compromise between the two arguments.  

Orsi believes that it is the board's obligation to protect the health of residents before worrying about finances and legality.

"I think that our authority is not any of the other things except to say, 'Do we have a problem in this neighborhood, yes or no?' And that's what we're saying, we think we have a problem in this neighborhood," she said.

"And so I know it's an uncomfortable situation to be in because I feel like we have a responsibility and at every point, our hands have been tied, it's been six weeks since we decided that we were going to issue the order, it took quite a few weeks to actually find a couple of attorneys who would even help us to get this order on paper, we have a really good order on paper, those attorneys are willing to represent us for whatever would happen and at any point, we can say ‘stop.'"

Gordon felt like the board would not be prepared to do its best job with the order if they didn't have a solid backing of legal counsel. As an attorney, he found it reckless to go forward without obtaining the money from the city to pay an attorney.

For the record, he noted that the board has already agreed on the cease-and-desist order and that it is not in question.

"We will be doing a tremendous disservice to those that are most aggrieved if we do not have a counsel, a plan to implement the cease-and-desist order, revenue to support legal counsel that we're talking about, and because this could be a pretty arduous process, it's novel, I'm going to be hyperbolic to say that it even possibly end up in Supreme Court," he said.

"So my thought has always been that we can't just put it out there and hope for the best, we have to make sure that we are well-positioned because otherwise, we're not going get multiple bites of the apple, we get one bite of the apple probably and then if we fail, it will be a pretty colossal failure first and foremost for the people that are aggrieved but also for the community as a whole, both in terms of what it could mean for the community if there already similar issues.

"Fiscally, because there are provisions within the nuisance statute that we cite, that empowers us to issue a cease and desist and if we were to lose in court, that the other party can look to recover damages in costs, which I have no idea what those are, I don't know what the monthly revenue is on the tower, I know none those things and these are all the kinds of things we should know that are part of our due diligence to move this forward."



Since the tower's erection in August 2020, Alma Street resident Courtney Gilardi and her daughter have spoken during open microphone about negative health effects they say are from electromagnetic fields (EMF) generated by the antennae on the 115-foot pole.

Gilardi says her family has had to leave their home and has provided documentation from a physician to the board.

Other residents have joined her protests and they filled the room during Wednesday's meeting.

"For over 18 months, we've had to publicly come before you and share our personal symptoms, my seven-page health report gets passed around the table with details of my health history in public, people have had to move, people are ignored," Gilardi said.

"We can provide you with letters and testimony but not everyone wants to turn up here as I do and share publicly and disclose because that's a hard thing to do and it's a hard thing to do to be ridiculed."

Without specifying the source, she added that her neighborhood was called "collateral damage" and a "waste of taxpayers' dollars."

Her daughter Amelia said she has lost her health, childhood, and mother to EMF because Gilardi devotes most of her time to the cause and getting her family back in their home.

In early February, the board voted to send Verizon a cease-and-desist order to remove its cell tower at 877 South St.

It was to be held in abeyance for seven days and if the wireless provider did not agree to have a meeting with the board and demonstrate a desire to cooperate to the board's satisfaction, it would go into effect.

Later that month, an executive session was held to discuss the process and in March, the board spoke to an attorney during an executive session.

Based on that conversation, the order was updated and an attempt was made to line up some financials. The recommendation was to plan for every possible scenario to see if the board can get a budget around it and go to the city council.

Orsi said they couldn't go to the council before a meeting with Tyer, which she described as being "very difficult" to obtain.

The board has set a tentative meeting date of April 20 to reconvene on the situation.


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BRTA Focuses on a New Run Schedule

By Breanna SteeleiBerkshires Staff

PITTSFIELD, Mass. — The Berkshire Regional Transit Authority is still working on maintaining its run schedules after dropping the route realignment proposal.

Last Thursday's meeting was Administrator Kathleen Lambert's first official meeting taking over the reins; retiring director Robert Malnati stayed during a transition period that ended last month.

Lambert is trying to create a schedule that will lessen cancellations. There was a two-hour meeting the week before with the drivers union to negotiate run bids and Lambert is working with the new operating company Keolis, which is taking over from Transdev.

The board spoke about anonymous emails from drivers, which Lambert said she has not seen. iBerkshires was not able to see those letters, but has received some. 

"They were lengthy emails from someone describing themselves as concerning BRTA employee, and there was a signed letter from a whole group of employees basically stating their concerns. So, you know, to me, it was a set of whistleblowers, and that, what my understanding is that this really triggers a need for some type of process to review the merits of these whistleblowers, not going to call them accusations, but basically expressions of concern," said member Stephen Bannon.

A letter iBerkshires received spoke of unhappy drivers who were considering quitting because of decisions being made without "input from frontline staff," frustration and falling morale, and the removal of the former general manager shortly after Lambert came in.

Lambert said it's difficult to navigate a new change. She also noted many drivers don't want to do Saturday runs and it has been hard negotiating with drivers on the new runs.

"I would like you all to keep in mind that the process of change is super difficult. Transdev has been here for 20 years, and some of these drivers have never known any other operating company, the way some of the operations have been handled has been archaic," she said. "So getting folks up to speed on how a modern transit system works is going to be painful for them. So I don't want to say that I'm unsympathetic, because I am sympathetic, but I am trying to coax people along with a system that's going to seem very strange to them."

The board spoke about better communication between them and Lambert, citing cooperation will be best moving forward.

"There's just a lot of stuff in the air right now, and there are a lot of fires to put out to make this a coordinated effort. And if we don't keep our communications open and be straightforward, then you get blindsided about how you know the input that you could get from us about your position, and how you know what's going on in your direction, and we get blindsided. And I think that we have to make sure that this is a collaboration," said member Sherry Youngkin.

"Both sides have responsibilities, because in the long run, this advisory board is going to have to make decisions as to how we brought forward and if we've gone forward in a fair and helpful way. And I think that's hopefully what everybody is looking for also." 

Transdev and Keolis held a three-day recruiting event interviewing almost 40 candidates and offering jobs to eight, but only three stayed on to start training. Lambert said it was disappointing but she will keep trying to retain more people.

In her first report to the board, she noted that ridership dipped a little over 10 percent, but still remains higher than last year, adding that was because of cancellations of services because of the lack of drivers.

Like the last meeting, some of the advisory board members were torn over the start of the Link413 service, worried that the start of the service took drivers away and the numbers of riders are low.

Lambert, however, said the ridership has doubled from last month.

"As I've spoken before, we have, generally, a six-month adoption for brand-new service before you can really go in and evaluate, are you being successful based on the grant that my predecessor wrote along with the team for PBTA and RTA, we are ahead of schedule, which is pretty good, so I'm hoping that will continue to improve," she said.

Member Renee Wood said the board never approved the service, adding the only thing she could find in the minutes was a vote to accept the equipment. She said it was supposed to be put on the agenda to discuss.

"The Link413 service has been three years in the making. It's been a grant that was accepted and has been working with our partners, PVTA and FRTA, to put into place. So I don't have the entire history of how that process worked, but it's been three years in the making, and did we not understand that once we accept that grant that we were going to put in new service?" Lambert said.

The board discussed if Title VI, the Civil Rights Act, was followed with an accurate review and accurate amount of time for public comment period on the service changes and if its attorney should review if the  grant conditions were properly followed.

Lambert said changes had the 60-day comment period included in the proposed route realignment packet, giving the opportunity for the community to respond to that as well but will look into the legality of the situation with their attorney.

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