HomeMy WebLinkAbout1999-02-02 Board of Selectmen Executive Session Minutes Board of Selectmen Meeting
Executive Session
February 2, 1999
The Executive Session was convened at 6:30 p.m. Present were 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.
Litigation - Sprint
Attorney Samuel Perkins noted that he had received a call from Carolyn Whiting, and he
informed her of what the Town's legal responsibility is.
The Town Manager reviewed the survey of surrounding towns and the consultant's letter with
suggestions. He noted that the options needed to be reviewed and then incorporated into the
lease.
Page 1 of the letter suggests establishing a baseline, and it was noted that all of the suggestions
on Page 1 should be incorporated into the lease. The Town will hire their own Engineer and
Sprint will reimburse for this.
Attorney Perkins noted that Sprint did propose that the Town hire their own Engineer. The
question is how often to have the testing done.
Camille Anthony noted that the Town should not have to pay anything. Matthew Nestor noted
that Sprint won't give a blank check and that we need to have ball park figures.
The Town Manager noted that Attorney Perkins will give Jane Fiore names of engineers, and she
will make calls to get prices.
Regarding modifications, the Town Manager indicated that this is already in the lease but the
issue of increase in power is not. George Hines noted that the design should be so that the power
cannot be increased. Attorney Perkins noted that the license should specify a density of power.
The Town Manager noted that language should be added that the Town wants to approve
modifications. Attorney Perkins noted that there are limitations on what you can say no to.
Matthew Nestor noted that the Town really doesn't have any authority. If Sprint comes back and
wants to increase, the Town can't say no. George Hines noted that we can't unless they don't
meet FCC regulations. The ability to keep them out is reduced because two other companies are
already there.
Camille Anthony noted that we can put in language that we can renegotiate but clearly our hands-
are
andsare tied and we are limited to what we can do.
The Town Manager noted that noise has not been an issue but should be addressed just in case.
Board of Selectmen Meeting Executive Session—February 2 1999—Page 2
George Hines noted that there should be language requiring the emergency generator have noise
limiters.
Camille Anthony noted that the Town should get a baseline on the noise.
Regarding the terms of the lease, the Town Manager noted that the other two are for 20 years,
with renewal every five years. Attorney Perkins noted that the Town doesn't have to give them
20 years.
Matthew Nestor suggested giving them three years, to end when the others do.
Camille Anthony noted that she does not want a 20 year lease. The Town Manager noted that
the Town would offer a three year lease to be co-terminus with the other leases.
Regarding right of entry, the Town Manager noted that the Town should have the right to enter
the building in an emergency or to do testing.
The issue of abandonment will be addressed in the lease.
Camille Anthony asked what an Environmental Assessment is, and Attorney Perkins noted that
he will find out.
The issue of rent was not decided at this time. Camille Anthony will contact the MMA and Cape
Cod to get information on other communities.
Matthew Nestor requested that language be put in the lease requiring the antennas be a specified
distance from each other.
On motion by Hines seconded by Anthony, the Board voted to adjourn the Executive Session of
February 2, 1999 at 7:30 p.m. On a roll call vote, all four members voted in the affirmative and
the motion was carried.
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