HomeMy WebLinkAbout1999-01-19 Board of Selectmen Executive Session Minutes 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.
Board of Selectmen Meeting—Executive Session—January 19, 1999—Page 2
George Hines asked if the Town could make Sprint pay for monitoring that the Town does, and
Attorney Perkins noted that we probably could. George Hines asked if monitoring can
specifically identify which antennas the levels are attributed to, and Attorney Perkins noted that
PCS is totally different than the others, and we probably could test just for that.
Sally Hoyt asked what the chances are of moving them to another location; i.e., commercial or
industrial. Attorney Perkins noted that there could be objections in those areas too. Matt Nestor
noted that if we move them, then they will need three locations.
The Town Manager noted that he had met with Sprint about relocating to Town Hall or the Old
South Church, and they never got back to him.
Cain ille Anthony indicated that the Telecommunications Act doesn't say we have to give them
their preferred site. She also had concerns that there needs to be language that if the antennas are
abandoned or unused, they will be removed.
Matthew Nestor noted that at the last hearing people spoke about property values but there was
no evidence. Camille Anthony noted that Mary Jean Hughes and Patty Gillen put their house on
the market and the offer was withdrawn. The Town Manager noted that there are records of
houses being sold in that neighborhood and there is also a new house being built there.
On motion by Hines seconded by Nestor, the Board voted to pursue a settlement with Sprint. On
a roll call vote, Hines, Nestor and MacDonald voted in the affirmative, and Hoyt and Anthony
voted in the negative.
Sally Hoyt noted that she would settle only if they are willing to relocate.
The Town Manager noted that we should have Sprint pay the full cost for the Town to hire an
expert to design a testing program including a baseline and to carry out the program. Bruce
MacDonald suggested having the background radiation tested at 100 yards, 1000 yards and 5000
yards.
Matthew Nestor requested that a clause stating that if the antennas are not used for 30 days, then
they will be considered abandoned and removed.
Bruce MacDonald suggested that the license fee should be negotiated. The Board directed the
Town Manager to look into how much the surrounding communities receive.
The Board noted that a report on the down tilt should be submitted to the Town.
Attorney Perkins indicated that he would call Sprint and inform them that the Board is inclined
to settle but needs to consult. He indicated that he could get a list from a consultant of negotiable
items and report back to the Board on February 2, 1999.
.............
Board of Selectmen Meetinz—Executive Session—January 19, 1999—Page 3
On motion by Hines seconded by Nestor, the Board of Selectmen voted to adjourn their
Executive Session of January 19, 1999 at 7:55 p.m. On a roll call vote, all five members of the
Board voted in the affirmative.
Respectfully submitted,
Se retary