Pittsfield City Council to Revisit Cell Tower Conversation Next Week

By Brittany PolitoiBerkshires Staff
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PITTSFIELD, Mass. — The cell tower conversation will pick up again next week with City Council agenda items from Ward 4 Councilor James Conant and Ward 1 Councilor Kenneth Warren.

They have requested that the state and federal delegation is notified of the council's position on the negative health effects of cell tower radiation and that the Massachusetts Municipal Association, Mayor Linda Tyer, and Lisa Blackmer are contacted for assistance, solutions, and legislation to deal with the negative effects of cell tower radiation.

This comes about five months after the Board of Health voted to rescind its cease and desist order on the Verizon cell tower at 877 South St. Litigation has been filed by both the residents of the Shacktown area and the telecommunications company.

"We are writing to request on behalf of the City of Pittsfield and other constituents regarding that your Commission act regarding the mandate in the judgment by the U.S. Court of Appeals for the District of Columbia Circuit in Environmental Health Trust et al. v. the FCC on August 13, 2021," A proposed communication to Jessica Rosenworcel, chair of the Federal Communications Commission reads.

"We, like municipal leaders nationwide, are faced with questions regarding cell tower health effects and we have no report or federal safety evaluation to provide in response to their questions. Our community has constituents who have become ill with symptoms that our Board of Health has determined to be likely caused by the cell tower radiofrequency radiation emissions,"

"When public health agencies are approached for help they point to the FCC regulations. Yet the Commission's human exposure limits for radiofrequency have not been updated since 1996 and it is unclear what health agency is researching cell tower radiation health and safety issues or monitoring the ambient exposures and providing oversight regarding wireless company infrastructure."

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.

The BOH voted to act on the cease-and-desist order in April 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.



In May, 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 which 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.

The council in June 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 councilors were informed of the suit from Verizon.

Since the board rescinded the order, the residents in July filed a civil action suit in Berkshire Superior Court against Mayor Linda Tyer, City Solicitor Stephen Pagnotta, Pittsfield Cellular Telephone Co. (Verizon Wireless,) and the Board of Health.

This case is an appeal of the board's June decision to rescind the order after the telecommunications company filed a case against the city of Pittsfield in federal court and is a request for declaratory relief.

In August, residents asked the Supreme Judicial Court to weigh in on the city's notification process for the cell tower, alleging that they found out about it when construction vehicles showed up on their narrow residential roads.

Most recently, the residents filed a suit to disqualify Donovan O'Connor & Dodig law firm from representing the city and a request for default after the defendants did not answer the suit filed in July.

It alleges that the law firm, with whom City Solicitor Stephen Pagnotta is a managing partner, has "disqualifying conflicts of interest" because Pagnotta is one of the defendants and has admitted to not having expertise in cell tower litigation in the past.


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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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