Pittsfield City Council Puts Verizon Cell Tower Litigation to Rest

By Brittany PolitoiBerkshires Staff
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PITTSFIELD, Mass. — The City Council has put the possibility of litigation against Verizon over the cell tower at 877 South St. to rest.

On Tuesday, the panel voted to file a petition that requested $84,000 of city funds to hire legal counsel against the telecommunications company. It was previously sidelined when the council was informed that Verizon filed a case against the city of Pittsfield in federal court.

Early this year, the Board of Health voted to issue a cease-and-desist order for the tower after hearing of negative health effects from Alma Street resident Courtney Gilardi since it was erected in August 2020.

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 This vote was conditioned on the order being withdrawn without prejudice if the board was unable to retain legal counsel prior to an administrative or judicial proceeding.

Last month, Verizon, operating as Pittsfield Cellular Telephone, asked for a declaratory judgment from the U.S. District Court in Springfield against the city. The company claimed that the board violated Section 332 of the federal Telecommunications Act (TCA) of 1996 that prohibits state and local governments from regulating a personal wireless service facility because of perceived health effects from radiofrequency emissions that comply with the Federal Communications Commission (FCC) regulations.

Early this month the board voted to rescind the order, stating that litigation is not the solution right now.

The company on June 2 filed for dismissal of the case in U.S. Court because the Board of Health had not filed an answer or motion. Verizon's filing noted that the board had rescinded its cease-and-desist order "thereby making this action moot."
 
The next day, Judge Mark G. Mastroianni denied as moot Gilardi and others' request to be accepted as intervenors in the case and added the notation that "The clerk of the court is respectfully requested to close the case."

The City Council's filing of the petition indicates that no further action will be taken on the matter. Once a matter is placed on file, it cannot be filed again for consideration in the same calendar year.

Gilardi said she came to this meeting a different kind of awake because she realized that help was never really on the way. She saw the cease-and-desist order as a beacon of hope.

"We were deprived of justice and we were deprived of the opportunity to go home each and every one of these people here," she said, referencing the community members who joined her at the meeting.

Gilardi's testimony went beyond the three-minute limit for open microphone and President Peter Marchetti called a five-minute recess for the meeting, visibly frustrated.

Eight other people, including Gilardi's daughter Amelia, spoke on the cell tower at the meeting.


"This situation didn't have to get to this point. If it was handled up front and legally this whole mess could have been avoided. Well, here we are and it most certainly was not handled correctly, I don't think, in fact, it was handled in the worst possible way, now we have a monumental problem," Alma Street resident Elaine Ireland said.

"To add insult to injury, starving the legal counsel and necessary funds to move forward with a cease-and-desist is an outrageous statement of deference. I personally invested my hard-earned money, heart and soul in my home, I'll be damned if I'm going to lay down and get bulldozed over because a few officials miscalculated how their actions would destroy a whole neighborhood, uproot families, and create a host of health issues."

Similar to Gilardi, Ireland said the tower has displaced her from her home.

The council did approve a request to recognize Thursday, June 16, as World Electrohypersensitivity Day by adopting a resolution from Gilardi and at-Large Councilor Karen Kalinowsky.

Ward 2 Councilor Charles Kronick voted in opposition after questioning City Solicitor Stephen Pagnotta if adopting this means the city is recognizing EHS as a medical condition. Pagnotta clarified that the resolution just expresses support for EHS awareness.

In other news, the council voted to adopt an affordable housing trust to create and preserve accessible housing in the community.  

The Ordinances and Rules subcommittee supported the trust last week.


Tags: cell tower,   lawsuit,   Verizon,   

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BRPC Exec Search Panel Picks Brennan

By Breanna SteeleiBerkshires Staff

PITTSFIELD, Mass. — The Executive Director Search Committee voted Wednesday to move both finalists to the full Berkshire Regional Planning Commission, with a recommendation that Laura Brennan was the preferred candidate. 

Brennan, BRPC's assistant director, and Jason Zogg were interviewed by the committee on Saturday.

Brennan is also the economic development program manager for the BRPC. She has been in the role since July 2023 but has been with BRPC since 2017, first serving as the senior planner of economic development. 

She earned her bachelor's degree from Franklin & Marshall College in Pennsylvania and earned a graduate-level certificate in local government leadership and management from Suffolk University.

Zogg is vice president of place and transportation for Tysons Community Alliance, a nonprofit that is committed to transforming Tysons, Va., into a more attractive urban center. 

He previously was the director of planning, design, and construction at Georgetown Heritage in Virginia, where he directed the reimagining of Georgetown's C&O Canal National Historic Park.

They each had 45 minutes to answer a series of questions on Saturday, and the search committee said they were both great candidates. Meeting virtually on Wednesday, the members discussed which they preferred.

"In my own personal opinion, I think both candidates could do the job and actually had different skills. But I do favor Laura, because she can hit the ground running and with the time we have now, I think she is very familiar with the organization and its strengths and weaknesses and where we go from here," said Malcolm Fick.

"I would concur with Malcolm, especially because she was the only candidate who could speak directly to what's currently going on in the Berkshires, and really had a handle on every aspect of what BRPC does, could use examples, and showed that she actually understood the demographic information when that information was clearly available on the BRPC website, and through other means, and she was the only candidate who was able to integrate our regional data, our regional demographics, into her answers, and so I find her more highly qualified," said Marybeth Mitts.

Brennan was able to discus the comprehensive regional strategy the BRPC has worked on for Berkshire County and said she made sure they included voices from all over the region instead of what she referred to as the "usual suspects."

"That was an enormous priority of ours to make sure that the outreach that we did and the input that we gathered was not from only the usual suspects, but community groups that were emerging in a lot of different corners of the region and with a lot of different missions of their own, and try to encompass and embrace as many voices as we could in that," Brennan said in her interview.

Member Sheila Irvin said she liked Brennan’s knowledge of Berkshires Tomorrow Inc.

"I think that her knowledge of the BTI, for example, was important, because that's going to play a role in the questioning that we did on funding. And she had some interesting insights, I think on how to use that," said Irvin. "And in addition, I just thought her style was important. 

"She didn't need to rush into an answer. She was willing to take a minute to think about how she wanted to move on and she did."

In her interview, Brennan was asked her plans to help expand funding opportunities since the financial structure is mainly grants and the government has recently been withdrawing some interest.

"With Berkshires Tomorrow already established, I would like to see us take a closer look at that and find ways to refine its statement of purpose, to develop a mission statement, to look at ways that that mechanism can help to diversify revenue," she said. "I think, that we have over the last several years, particularly with pandemic response efforts, had our movement to the potential of Berkshire's Tomorrow as a tool that we should be using more, and so I would like to see that be a big part of how we handle the volatility of government funding."

Member John Duval said she has excelled in her role over the years.

"Laura just rose above every other candidate through her preliminary interview and her final interview, she's been the assistant executive director for maybe a couple of years and definitely had that experience, and also being part of this BRPC, over several years, have seen what she's capable of doing, what she's accomplished, and embedded in meetings and settings where I've seen how she's responded to questions, presented information, and also had to deal with some tough customers sometimes when she came up to Adams," said Duval.

"She's done an excellent job, and then in the interviews she's just calm and thought through her answers and just rose above everyone else."

Buck Donovan said he respected all those who applied and said Zogg is a strong candidate.

"I think both and all candidates were very strong, two we ended up were extremely strong," he said.  "Jason, I liked his charisma and his way. I really could tell that there was some goals and targets and that's kind of my life."

The full commission will meet on Thursday, March 19, to vote on the replacement of retiring Executive Director Thomas Matuszko.

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