HomeMy WebLinkAbout2000-01-27 Board of Selectmen Executive Session Minutes Board of Selectmen Meeting
Executive Session
January 27, 2000
The meeting convened at 7:35 p.m. in the Conference Room, 16 Lowell Street, Reading,
Massachusetts. Present were Vice Chairman Matthew Nestor, Secretary George Hines,
Selectmen Camille Anthony and Matthew Cummings, Town Manager Peter Hechenbleikner,
Assistant Town Manager Russell Dean, Town Counsel H Theodore Cohen, Attorney Samuel
Perkins and Paula Schena.
Litigation —Sprint
Attorney Sam Perkins reviewed the license agreement. Page 17, Paragraph 29 indicates that
Sprint will pay costs of consultants to test levels at three months, six months and then annually.
Selectman Camille Anthony noted that Paragraph 30 gives Sprint 60 days to cure emission
limits. Attorney Sam Perkins noted that they would have to begin within 10 days and they would
have 60 days to cure. The Town has to give 30 days notice to terminate but the Town can give
30 days notice before 60 days is up.
Attorney Sam Perkins noted that Paragraph 31 provides for $10,000 reimbursement from Sprint
for landscaping. Paragraph 32 provides for monthly inspections with written report. Paragraph
33 indicates that the tilt will be no more than 10 degrees from plumb. Town Counsel Ted Cohen
noted that 10 degrees plumb means it cannot tilt more than 10 degrees from standing straight up
- and down.
Attorney Sam Perkins. noted that Paragraph 34 indicates that the Selectmen have to give prior
approval for modifications. Town Counsel Ted Cohen noted that the only modification would be
to change the 10 degrees plumb, and they would have to give certification as to why. Any other
changes would be a modification to the license.
Selectman George Hines thought this section was regarding the power level. Town Counsel Ted
Cohen noted that it was his understanding that has to stay at least 10 times below. Attorney Sam
Perkins noted that Sprint cannot change their operation without amending the license. Town
Counsel Ted Cohen noted that 10 degrees is standard for tilt, and the power can never be more
than 10 times below.
Selectman Matthew Cummings noted that we set the limit, and the next paragraph says they can
change. Attorney Sam Perkins noted that this gives two ways to control. Town Counsel Ted
Cohen noted that we could try to get rid of Paragraph 34.
Attorney Sam Perkins noted that Page 20, Paragraph 35 sets the noise levels. The Town
Manager noted this is regarding air conditioning.
Board of Selectmen Meeting—Executive Session—January 27, 2000—Page 2
Attorney Sam Perkins noted that Paragraph 36 provides for a right of entry to inspect. Paragraph
37 addresses the issue of abandonment after 30 days. Paragraph 38 addresses the issue of non-
renewal of license due to credible scientific research.
Vice Chairman Matthew Nestor asked who decides what is credible. Town Counsel Ted Cohen
noted it would be the Selectmen and then the courts. Attorney Sam Perkins noted that the
credible evidence is only good at renewal time.
Vice Chairman Matthew Nestor noted it might be best to mail a letter to abutters and press
outlining what has been negotiated before having a public meeting.
Town Counsel Ted Cohen noted that there is still the issue of the Inspector General, and whether
or not the Town is required to go out to bid with RFP's seeking bids for antennas.
Vice Chairman Matthew Nestor asked if someone complains and the other companies are found
null and void, then can the Town take the position of not letting them on the water tower when
there is a district zoned for this. Town Counsel Ted Cohen noted that the Town would be up
against the Telecommunications Act. Attorney Sam Perkins noted that if the Town never issued
an RFP, than it would be the Town's fault and the companies will blame us.
Approval of Minutes
On motion by Anthony seconded by Hines, the Board of Selectmen voted to approve the minutes
of the Executive Session of December 21, 1999. On a roll call vote, all four members voted in
the affirmative and the minutes were approved.
On motion by Anthony seconded by Hines, the Board of Selectmen voted to approve the minutes
of the Executive Session of January 4, 2000. On a roll call vote, all four members voted in the
affirmative and the minutes were approved.
On motion by Hines seconded by Anthony, the Board of Selectmen voted to adjourn the
Executive Session of January 27, 2000 at 8:15 p.m. On a roll call vote, all four members voted
in the affirmative and the Executive Session was adjourned.
Respectfully submitted,
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