11/13/2007 - Executive Session Meeting Minutes

11/13/2007 - Executive Session Meeting Minutes

Postby Maria Lajoie » Tue Feb 05, 2008 3:06 pm

The meeting was called to order at 6:30 PM.

ATTENDANCE
Richard Vanden Berg (Chairman), Mark Mungeam, Linda Brown, Ernest Marks, William Cundiff (Town Engineer), Stephen Zisk (Planning/Conservation Agent) Lisa Lannon (Recording Secretary). Absent: Roy Swenson, Eben Chesebrough, David St. George.
Guest: Patricia Cantor (Kopelman and Paige).

6:30 PM EXECUTIVE SESSION: NORTHEAST WIRELESS SERVICES, LLC AND OMNIPOINT HOLDINGS, INC. et al v. THE TOWN OF DOUGLAS, et al
At 6:30 PM Mr. Marks motioned to go into Executive Session for the purpose of discussing the litigation between the Town of Douglas and Northeast Wireless. Motion seconded by Ms. Brown. VOTE:
ROLL CALL

Richard Vanden Berg – Aye
Ernest. Marks – Aye
Linda Brown – Aye
Mark Mungeam – Aye

Patricia Cantor from Kopelman and Paige was welcomed to discuss Northeast Wireless versus the Town of Douglas. She indicated that Friday is the deadline to file an answer to the complaint from Northeast Wireless Services. She noted that their interpretation of the Bylaws is not unreasonable. Therefore, she felt that if it went to a federal court and they can show that there is no other alternative reasonable site, it might not be ruled in the Town’s favor.

Under the Telecommunications Act Chapter 40A of the Federal Guidelines they can prove a significant gap in service and without a facility from this location they will not be able to provide service. The burden is technically on them to prove there is no alternative site. It was noted that the landlord is not willing to rent any other spot on the property to them. Ms. Cantor noted that the legal costs of taking this to the Federal Court and the likelihood of whether or not the case can be won must be considered.

Ms. Cantor advised that this could be a resource issue for the Town to fight this in court. She would recommend it take the most recent answer and carry on. It was noted there is leverage to make conditions. Mr. Cundiff suggested that they be asked to come before the Planning Board and the Board a issue special permit to them and that would give the opportunity to get conditions like trees planted and it would also give the opportunity to notify abutters. Mr. Cundiff asked that some ideas be emailed to him. Northeast Wireless will be put the agenda for the December 11 meeting at 7:30.

A motion was made by Mr. Marks to accept Town Counsel’s advice to pursue strategy and to move forward with this. Seconded by Mr. Mungeam. Vote unanimous.

Mr. Marks made a motion to come out of Executive Session. Seconded by Mr. Mungeam. VOTE:

ROLL CALL

Linda Brown – Aye
Richard Vanden Berg – Aye
Ernest Marks – Aye
Mark Mungeam – Aye


Respectfully submitted,



Lisa Lannon
Recording Secretary
Maria Lajoie
Maria Lajoie
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