BRTA to Update Bylaws After Complaint

By Breanna SteeleiBerkshires Staff
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PITTSFIELD, Mass. — The BRTA board met last week to update its bylaws and resolve an Open Meeting Law complaint.

Earlier this month the BRTA Advisory Board met to discuss an Open Meeting Law complaint expressed by board member Rene Wood who alleged that the search for a new authority administrator "was not properly noticed for the average person to understand." 

Her complaint stated that no agenda posted for a search committee meeting in July when potential candidates were moved forward, and insufficient information was provided for the June meeting during which members were appointed to the task. 

Last week, the meeting started with a board member Ray Killeen saying excluding the public was not his intention.

"It wasn't discussed, but I'd like to add within minutes that there was no intent to exclude anyone from the meeting, and anything considered just an error or small misunderstanding on our part, but I just want to make note there was no intent to exclude anyone, that's my opinion," said Killeen. 

BRTA Administrator Robert Malnati touched on the amendments to the bylaws, which have not been updated since 2013. Malnati said staff went to work right after the meeting to address Wood's complaint.

"Based on the information that we talked about at the board meeting, the applicants were emailed out to the board members, and the current bylaws were emailed out to the board members with instructions that you have suggestions on edits for the bylaws," Malnati said.

The edits that were sent by members will be considered when the new document is updated. The complaint also asked the process for selecting a new administrator be updated, This time, each board member was sent applicants resumes with unique identifiers instead of names and each were asked to rank the candidates for to review in last Thursday's meeting.

Malnati also reviewed the bylaws and came to a resolution.

"Later on the afternoon, I sent an email to the board with a unique identifier and the resume of the party that had applied past the cutoff, published deadline, and then at the end of that day, later in the evening, received an email from the complainant saying we addressed all issues, and I believe we came up with a resolution accepted," he said.

Wood made a motion to have the first draft of the BRTA bylaws done by KP Law, which was quoted to not exceed $2,500.

Wood also asked to add an amendment to bring a non-voting member of the Berkshire Regional Planning Commission to the advisory committee. 

It was also mentioned to make the location of the meeting and agenda more accessible.

The board is also required to attend an Open Meeting Law training to which Malnati has already completed and received certification.


Tags: BRTA,   open meeting complaint,   

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Pittsfield Council to See 2-Year Moratorium on Data Centers

By Brittany PolitoiBerkshires Staff

PITTSFIELD, Mass. — The City Council will consider a two-year data center moratorium from the Community Development Board. 

The board endorsed the moratorium on Tuesday; it had previously voted to become the petitioner. 

"I still think that it is a necessary, proactive, responsible measure by the city in order to take some time to assess the potential impacts of these improvements on Pittsfield and on the county, and make sure that we understand these systems and create some really truly responsible regulations that take into account all the different aspects of this technology," City Planner Kevin Rayner said. 

The petition would amend City Code Chapter 23 and create Article 23-4 Section 4.332, "Data Center, Temporary Moratorium." 

Last month, Gov. Maura Healey signed an executive order that gives municipalities the power to say "no" to data centers, and earlier this year, Ward 1 Councilor Kenneth Warren petitioned to explore implementing a moratorium on the establishment and siting of data centers.

Based on web results, there are as many as 75 data centers or projects in Massachusetts, none in Berkshire County. 

Rayner explained that he brought forward the same petition as before; it was sent to the council and then back to the board for a public hearing as part of the zoning amendment process. 

It defines a data center as a building or group of buildings where the primary use is to house computer systems, servers, data storage equipment, networking equipment, and associated infrastructure necessary for the processing, storage, and distribution of data and digital applications. 

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