Selectmen hold executive session for briefing on cell tower lawsuit
The Boothbay selectmen will begin and end its Oct. 8 board meeting with an executive session. The selectmen will meet at 5:30 p.m. on Wednesday to discuss the upcoming lawsuit filed by Mariner Tower II, LLC of Kennebunk.
The telecommunications firm has amended its suit to include both locations denied by the board of appeals this year for constructing an East Boothbay cell tower.
The appeals board rejected the firm’s proposals in March and August to build a 120-foot cell tower on Ocean Point Road.
The selectmen are expected to meet with its legal consultant Sally Daggett, an attorney with the Portland law firm of Jensen, Baird, Gardner & Henry, for approximately 90 minutes, according Town Manager James Chaousis.
The town, Mariner Tower II and U.S. District Court in Portland agreed last spring to delay the lawsuit until a second proposal was heard. Mariner Tower agreed to wait 45 days after the appeals board ruled on an alternative site before proceeding with the litigation.
On Aug. 12, the appeals board rejected the alternative site which put the Mariner Tower’s lawsuit back on the legal docket.
“The extension is about to expire and the deadline is approaching. Our legal consultant will brief the selectmen on their rights and responsibilities regarding the upcoming lawsuit,” Chaousis said.
Following the first executive session, the selectmen will hold a public hearing at 7 p.m. regarding general assistance funding levels. If approved, the new guidelines would be in effect from Oct. 1, 2014 to Oct. 31, 2015.
The town provides general assistance under a state program. The town provides the financial assistance to low-income families for their heating, housing and food bills. The selectmen will vote after the public hearing on either adopting state recommended financial assistance levels or creating their own.
The board will also continue its discussion from their Sept. 24 meeting on exercising an option to purchase the post office building. The town has had a right of first refusal to purchase the post office building since 2010. Last month, the building’s owner, Paul Weaver of Wenham, Massachusetts inquired last month if the town wanted to exercise the option.
The selectmen replied it was interested in the property if the owner could extend the lease with the postal service, and if Weaver would give the town additional time before committing to the purchase. The selectmen want voters to consider the land deal during the May town meeting.
Weaver has agreed to hold off on triggering the town’s right of refusal options until this spring, and he is currently discussing a lease extension with postal officials. The current lease runs out in 2017.
Chaousis will also update the board about his Oct. 7 meeting with Boothbay Harbor Town Manager Tom Woodin and Superintendent of Schools Eileen King.
The three administrators are laying the groundwork for a joint meeting between municipal and school officials to consider ways for improving the Community School District Charter. Chaousis expects the administrators to create a study group of elected leaders to work on “some mutual perceived issues” with the Charter.
The board meeting will conclude after a second executive session concerning personnel performance evaluations.
The selectmen will meet in the municipal room.
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