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Pittsfield City Council to Decide $84K for Cell Tower Attorney

By Brittany PolitoiBerkshires Staff
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PITTSFIELD, Mass. — The Board of Health is requesting $84,000 from the city for legal counsel to shut down a Verizon cell tower at 877 South St.

The City Council will vote Tuesday on a request to acquire attorneys Andrew Rainer of
Brody, Hardoon, Perkins & Kesten, LLP in Boston and Robert J. Berg of Robert J. Berg, PLLC in Scarsdale, N.Y., to assist in legal action following the issuance of a cease-and-desist order for the tower.

This breaks down into $12,000 for representation and advice to the board if a hearing is requested by Verizon, $12,000 for representation in negotiations to resolve the matter if Verizon agrees to that, and $60,000 for representation of the board in litigation challenging the issuance of the cease-and-desist order if the matter is not negotiated.

In early April, the board voted to act on the order nearly two months after first approving it. This vote was conditioned on the order being withdrawn without prejudice if the board is unable to retain legal counsel prior to an administrative or judicial proceeding.

The order states that the cellular company has one week to respond or come to the table with a solution that pleases the panel, which would be to remove or turn off the tower. The board had planned on meeting on April 20 to follow up on the order but never met.

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.

"The Board of Health is responsible for disease prevention and control, for protecting human health and the environment, and for promoting a healthy community. Based upon this responsibility, and the evidence presented of the harm to public health being done by the 877 South Street Cell Tower, the Board of Health voted 4-0 on April 6, 2022 to unanimously issue a cease-and-desist order to Verizon Wireless requiring suspension of the operation of the cell tower," Chair Bobbie Orsi wrote to the council.


"Thus, as a formal response to the original petition, the Board of Health reports that there is harm being done to the residents in the vicinity of the 877 South Street Cell Tower, that the Board has taken action to protect those residents, and that the Board anticipates it may require legal assistance to defend that action. Specifically, the Board of Health requests the petitioner (City Council) to allocate funds in the event that there is litigation by Verizon, and also place the City's liability insurer on notice of a possible claim. The Board of Health has done preliminary work in seeking expert legal representation. The Board of Health has identified two attorneys who have extensive experience in environmental law, and who are prepared to enter into a contract to represent the Board of Health with the approval of the City Council."

Reported side effects have included nausea, dizziness, tinnitus, sleep disruption, irritability, headaches, extreme fatigue, brain "fog," difficulty concentrating, heart palpitations, skin rashes, and memory problems.

The board received medical records from three members of the Gilardi household from Dr. Sharon Goldberg, a physician in the study of electromagnetic hypersensitivity, and the three have been diagnosed with the condition.

Rainer's resume states that he has represented businesses, states and local governments, and individuals in many environmental use matters including oil spills, air pollution, PCBs, and lead paint.  Berg has experience in the Wireless Telecommunications Law.

Both attorneys have offered reduced rates.

"Mr. Berg's normal billing rate is currently $650/hour. However, given the great public importance of this matter and the fact that the Board of Health, a municipal government ·department, will be the client, Mr. Berg will be pleased to lower his billing rate for this matter to a special discounted rate of $400/hour. Mr. Rainer's normal billing rate is currently $750/hour. Like Mr. Berg, Mr. Rainer will be pleased to lower his billing rate for this matter to a special discounted rate of $400/hour. Mr. Rainer may, from time to time, as appropriate, utilize other attorneys or professional staff employed by his firm to perform necessary work, and they will charge special hourly rates discounted from their normal billing rates at the same discounted percentage as used by Mr. Berg and Mr. Rainer," The request reads.

"The attorneys anticipate that, if Verizon is unwilling to reach a negotiated resolution, it could bring litigation in a number of different forums. The $60,000 estimate set forth above is based on a challenge to the Board's cease-and-desist order brought in the Massachusetts trial court. If Verizon were to bring suit in federal court, or in another forum, the Board may need to present a revised budget, and will, in any event, return to the Council before incurring any other or different expenses from those set forth above."

The board met with Mayor Linda Tyer in mid-April to request the funds. Because it is for city dollars, the allocation has to be passed by the council. Information has not been released on how the meeting went or if Verizon has responded to the order.


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Pittsfield Council Says 'Yes' to Soccer at Crane Park

By Brittany PolitoiBerkshires Staff

The pitch will have the logos of the city and the US. and Massachusetts soccer associations. 

PITTSFIELD, Mass. — The city is gladly accepting a "mini-pitch" from the U.S. Soccer Foundation to bring games back to Crane Park. 

Fueling excitement around the World Cup, U.S. Soccer has been working with the Massachusetts Youth Soccer League to make these facilities available to 20 communities — one of which will be at the park at the intersection of Benedict Road and Springside Avenue. 

The City Council accepted the gift on Tuesday during its regular meeting. 

A mini pitch is a compact, modular field typically used for soccer, and it can also accommodate inline skates. It has a galvanized steel border with built-in goals and a rubber plastic surface that is clicked together; installed on the existing inline hockey court. 

Ward 2 Councilor Cameron Cunningham said he has gone door to door speaking with nearby residents, and they are "really excited" about the upgrade. He also sees it as a great addition. 

"They say that nobody really uses the court a ton now, and they are excited to see kids back on there playing," he said. 

Decades ago, the Crane Park facility was a wading pool. It closed in 1980, and before the turn of the century, it was filled in and marked for hockey. 

Parks, Open Space, and Natural Resources Manager James McGrath explained that the wooden border around the rink is showing its age, has been vandalized and tagged, and the facility is seeing a "real decline" in use. 

"This would seem to be an appropriate spot for us to remove the board system that's in place and install the mini pitch system through this grant," he said. 

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