2014.09.22 Council Agenda Item 09
Summary
Discussion about an agreement with AT&T to replace the current public safety communication tower behind Town Hall with a new mono pole tower that will upgrade public safety communications and allow for up to three cellular carriers, including AT&T to locate antennas on the tower.
A public comment period will not be included with this item but public comment will be encouraged at a future meeting if an order is considered by the Town Council.
ACTION: Council action is not anticipated other than the possibility of scheduling an order at a future date.
NOTE: The Town Council has the option at anytime during this agenda item to consider an executive session pursuant to the Laws of Maine to discuss and consider the acquisition or disposition of real estate rights pursuant to 1 M.R.S.A. section 405 (6) (C)
Description
AT&T approached Town staff with the possibility of replacing the public safety tower behind Town Hall. Terms of a concept agreement were brought forward to the Town Council at a previous meeting and discussed in executive session. The Town Council discussed this matter in executive session pursuant to 1 M.R.S.A. section 405 (6) because it involved real estate rights and premature disclosures of the information would prejudice the competitive or bargaining position of the Town.
Town staff and attorney have nearly concluded their negotiations with AT&T regarding an agreement that would allow AT&T to lease land and Town Hall building space for a new tower and associated control systems. The terms of the agreement include among other details of the agreement the following:
1. Installation of a new public safety antenna at the top of the tower, with all costs associated with the installation to be paid by AT&T.
2. Right to retain new public safety antenna and mono pole should AT&T terminate use.
3. 10 year lease with three 5-year renewal options for a total of 25 years
4. Lease payment to the Town in the amount of $36,000/yr plus inflationary adjustments.
5. 30% revenue sharing to the Town for any cellular carriers in addition to AT&T.
6. Additional $15,000 initial payment to the Town for attorney fees and peer review engineering fees.
A copy of the proposed lease is attached including two sections that have not been resolved through negotiations to date. We are confident that the parties will reach an agreement pertaining to theses sections if the Town Council chooses to proceed with this project.
Amanda Stearns, Community Development Director has written a memorandum (attached) regarding zoning and permitting which is applicable to this matter.
AT&T will provide information at a future date which will describe the need for additional data transmission capacity in this area of Falmouth.
A rendering of the replacement tower comparing it to the existing tower is also attached.
A memorandum from the Police Chief which describes the value of the public safety antenna is attached.
