1999-01-12 Board of Selectmen Executive Session Minutes

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Board of Selectmen Meeting Executive Session January 12, 1999 The meeting convened at 7:03 p.m. in the Conference Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Bruce MacDonald, Vice Chairman Sally Hoyt, Selectmen Camille Anthony and George Hines, Town Manager Peter Hechenbleikner, Assistant Town Manager Russell Dean, Town Counsel H Theodore Cohen, Attorney Samuel Perkins and Paula Schena. Sprint Litigation Samuel Perkins informed the Board that he is the Attorney that the Town's insurance company has hired to represent the Town in the Sprint litigation. The Town is being sued for denying Sprint a location on the Auburn Street Water Tower. Sprint wants to work with the Town and has made an offer in good faith to resolve the pending lawsuit. Sprint is offering to pay for the Town to monitor the emissions, will set a limit of emissions, will provide funding for landscaping, will inspect the operation of the radio link at least once a month and will maintain a maximum downward tilt of the antennas of not more than 10 degrees from plumb. Attorney Perkins indicated that he has represented many towns against Sprint and this one would be difficult to win. He noted that the complaint is against the Board, not individual members,but Sprint could amend the claim against individual Board members. Camille Anthony asked when will the Town not be discriminating. Bruce MacDonald responded when we run out of room on the tower. Attorney Perkins asked if there was a plan to limit the number of carriers during the design, and the Town Manager noted that only one building would be allowed on the site and that building can only hold three carriers. Ted Cohen noted that the Town's Police and Fire antennas are also on the same tower. Camille Anthony asked if there would be any grandfathering since we allowed the antennas before the Telecommunications Act. Attorney Perkins answered no -- the Telecommunications Act is aimed at providing a level playing field. The Town cannot prohibit or be too restrictive. Camille Anthony and Sally Hoyt suggested moving them to another location outside of a residential area. The Town Manager noted that the map that Sprint has submitted indicates three areas that they would put their antennas but they are all in residential areas. Bruce MacDonald asked Attorney Perkins if he deals with health issues and Attorney Perkins replied no -- the Telecommunications Act does not allow it. Attorney Perkins noted that he needed to file an answer and he would try to get an extension. He asked the Board to look at Sprint's offer. Bruce MacDonald had concerns about considering Sprint's offer when the issue of removing the other two companies from the tower hasn't been resolved. The Town Manager suggested that the Board should meet with Counsel again and it was decided that the Board would meet in Executive Session on January 19, 1999.