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HomeMy WebLinkAbout1999-04-13 Board of Selectmen Executive Session Minutes Board of Selectmen Meeting Executive Session April 13, 1999 The meeting convened at 7:38 p.m. at the Senior Center Conference Room, 49 Pleasant Street, Reading, Massachusetts. Present were Chairman Bruce MacDonald, Vice Chairman Sally Hoyt, Secretary Matthew Nestor, 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 Attorney Perkins noted that an agreement is needed to dismiss the litigation, and then Town Counsel will move onto a license. Sally Hoyt asked if they would transfer to another site. Attorney Perkins indicated that there are no other towers to relocate to. The Town Manager suggested that the following issues be part of the Agreement: 1. Ask for good faith negotiations if other facility becomes available. 2. Sprint to fully fund the Town's cost to conduct a study to establish a baseline of current RF levels. Sprint to pay for consultant to design the baseline study. 3. Sprint pay the Town for design and ongoing testing of RF levels. 4. No modification to the installation. If they do, then Sprint will pay the Town to hire a consultant to evaluate. 5. Tilt of antennas. 6. Noise limit—won't exceed baseline. Establish a baseline for noise. 7. Length of license. Could be coterminous with other licenses so they all roll over at the same time. 8. Right of entry to site upon reasonable notice or emergency. 9. Abandonment language—30 days nonuse. Matthew Nestor asked if a shorter lease could be negotiated. Attorney Perkins indicated it could be negotiated but if the other companies are there, then nothing has been gained. Regarding the term, Matthew Nestor suggested asking for three years with three five year renewals with an escalator. At the end of each cycle, renegotiate. Regarding health concerns, Attorney Perkins suggested adding language that there is an option to renew unless the Town receives scientific research demonstrating detrimental health affects. Also, an option to renew unless the laws change giving the Town the right to deny. George Hines suggested starting the rent at $5,000 per month with a 15% escalator at the end of the first three years and then every five year interval. Board of Selectmen Meeting=AApril 13 1999—Executive Session—Page 2 Attorney Perkins suggested requiring as built plans for modifications. On motion by Hines seconded by Hoyt, the Board voted to agree on the concept and review the draft before going to Sprint. On a roll call vote, all five members voted in the affirmative and the motion was carried. Town Counsel H Theodore Cohen brought the Board up to date on Video Expo. They are asking for a two week extension and the Board granted it. On motion by Hines seconded by Hoyt, the Board voted to adjourn the Executive Session of April 13, 1999 at 8:30 p.m. On a roll call vote, all five members voted in the affirmative and the Executive Session was adjourned. Respe :filly submitted, eta ry ..............