1999-01-19 Board of Selectmen Executive Session Minutes

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Board of Selectmen Meeting Executive Session - January 19, 1999 The meeting was convened at 6:10 p.m. in the Conference Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Bruce MacDonald (arrived late), Vice Chairman Sally Hoyt, Secretary Matthew Nestor (arrived late), Selectmen Camille Anthony and George Hines, Town Manager Peter Hechenbleikner, Assistant Town Manager Russell Dean, Attorney Samuel Perkins and Paula Schena. On motion by Anthony seconded by Hines, the Board of Selectmen voted to go into Executive Session for the purpose of discussing strategy with respect to litigation, sale of real estate and approval of minutes not to come back into Open Session. On a roll call vote, the motion was approved by a vote of 3-0-0. Approval of Minutes On motion by Hines seconded by Anthony, the Board voted to approve the minutes of their Executive Session of December 1, 1998. On a roll call vote, all three members voted in the affirmative. On motion by Hines seconded by Anthony, the Board voted to approve the minutes of their Executive Session of January 12, 1999, as amended. On a role call vote, all.three members voted in the affirmative. On motion by Anthony seconded by Hoyt, the Board voted to approve the minutes of their Executive Session of August 4, 1998. On a roll call vote, Anthony, Hoyt and MacDonald voted in the affirmative, and Hines and Nestor abstained. Sprint Litigation Attorney Sam Perkins noted that there are only 12 decided cases in the nation due to health concerns. All 12 decisions say the towns have no authority to regulate due to health concerns. Camille Anthony noted that nowhere in the Telecommunications Act does it say "health" — it says "environmental." Attorney Perkins noted that there are challenges of the FCC regulations. Jim Collins is sending him a brief on why the FCC took a stand on health. Jim Collins is challenging the fact that the FCC indicates that if the main beam is aimed at the horizon, then there is low exposure beneath the horizon. Susan Clark feels very strongly that low levels do effect humans. Attorney Perkins noted that the FCC has set the regulations and the Town cannot set the standard. The Town can measure, monitor and enforce if the FCC regulations are violated. Aesthetics and property values are legitimate to grant a variance. Attorney Perkins noted that aesthetics is not a good case for the Town of Reading. It is an existing water tower with other antennas including Police and Fire antennas.