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HomeMy Public PortalAbout09-13-2011 Joint report EDP and PW Town Council Town of Watertown Joint Meeting of the Committee on Public Works and the Committee on Economic Development and Planning Meeting: August 9, 2011 Report: September 13, 2011 The two committees met Tuesday August 9th at 5:00 pm in the Council Chambers to discuss the possibility of locating cellular antennas on public property. Present were: Stephen Corbett, EDP Chair and PW Vice-chair; Susan Falkoff, PW Chair and EDP Secretary; John Donohue, EDP Vice-chair; and Vincent Piccirilli, PW Secretary. Also present were Director of Community Development & Planning Steven Magoon, DPW Superintendent Gerald Mee, DPW Clerk Mary Haley, Council President Mark Sideris, Councilor Cecilia Lenk, and about 10 members of the public (see attached list). Councilor Corbett chaired the meeting. Mr. Mee began by discussing the communications needs of the DPW. He said the DPW's radio vendor told him coverage could be improved if the antenna on the existing 80 ft tall tower was raised 20 feet. Councilor Falkoff asked how this would impact the neighborhood. Mr. Mee said perhaps the DPW antenna could be raised by adding a pole to the existing tower instead of building a new tower, and this would have a minimal visual impact. He also said the issue of interoperability between the DPW, police and fire radios is another issue that needs to be studied, as part of homeland security enhancements and changing FCC spectrum allocations. Mr. Magoon recommended hiring a consultant to assess the Town's wireless communications needs before making a decision. Next, Mr. Magoon presented a memo with the information requested at the previous meeting (attached), which includes discussion on regulations from other communities that govern cell antennas locations, RFPs that other communities have published for locating cell antennas on public property, information from the MAPC on regulating cell antennas, and comments from the Town Attorney about cell antennas on public property. The recommendation from the Department of Community Development & Planning is to hire a public- sector wireless communications consultant to evaluate the signal strength of major carriers throughout Watertown, and compare that with public property to identify where it could make sense to locate wireless facilities. With this data, if the Town decides to proceed, specific antenna locations with specific construction and design conditions could be used to create an RFP. Mr. Magoon reminded the committee that if antennas are located on Town property, the Town can control where they could be located and how they could be hidden. Councilor Piccirilli said that the Planning Board has been diligent in requiring camouflaged antennas at recent cellular antenna installations elsewhere in Town but he agrees that a town RFP gives an additional level of control. Several members of the public spoke about their fears that a cell phone tower at the DPW could present health risks and/or reduce property values. Kate Coyne of Worcester St presented a petition with 71 names opposing a new 100 ft cell tower at the DPW. Councilor Piccirilli summarized comments from emails that the Committee received. Page 1 of 2 Joint Meeting of Committees on Public Works and Economic Development&Planning, Report—September 13,2011 Councilor Piccirilli said that no one on the Town Council would agree to proceed with any action that could put the health or safety of residents at risk. He said there is a lot of conflicting or unconfirmed literature about dangers of cell towers, but he has looked at both the research papers and recommendations by leading cancer institutes, and is satisfied that cell phone base station antennas present no health risk to the public. He read the conclusion from the World Health Organization fact sheet N0304 titled Electromagnetic fields and public health. Base stations and wireless technologies (attached): "Considering the very low exposure levels and research results collected to date, there is no convincing scientific evidence that the weak RF signals from base stations and wireless networks cause adverse health effects." Councilor Donohue made a motion, in two parts, asking that the Joint Committees: 1. Recommend that full Town Council approve hiring a consultant to analyze the town's wireless emergency communication needs and identify the cost and funding opportunities. Voted 4 to 0. 2. Ask Mr. Magoon to investigate and report back to the Joint Committees what the cost would be to perform a study of the existing cellular coverage in Watertown and identify town properties which could meet the needs of wireless companies. Voted 4 to 0. The next meeting was scheduled for Tuesday September 13t' at 5:00 PM. The meeting adjourned at 6:20 PM. Report submitted by: Vincent Piccirilli Page 2 of 2 J � I NJA CA-7-1Cr :F"-1 MACo) Town of Watertown Department of Iran Community Development and Planning Administration Building 149 Main Street h r '. Watertown, MA 02472 (617) 972-6417 FAX (617) 972-6484 To : Town Council Sub Committees on Economic Development and Planning and Public Works From : Steve Magoon, DCDP Directo Date: August 9, 2011 I Subject: Wireless Communication Facilities on Public Property The honorable Town Council has referred the consideration of the Town entering into a lease for a cellular antennae and tower on Town property to the sub-committee for consideration. At the last joint meeting, the following 5 points of information were requested from this department; 1 . Regulations from other communities that govern cell antennas on public property. I have reviewed the regulations from several communities, including Boston, Brookline, Somerville, Lexington, Northborough and Belmont. They all regulate these facilities in slightly different ways, and the only ones that have regulations that are specific to wireless facilities on public property are Brookline, which supplants the Planning Board process and design review with an advisory report from the Planning Board and a decision made by the Board of Selectmen and leases subject to Town Meeting. Somerville only mentions that to the maximum extent feasible, providers should locate on facilities located on public property. Lexington refers to "institutional" locations, which include water towers or transmission towers. The others either do not allow them or do not appear to regulate them any differently through their zoning code. I have copies of each of these for reference. 2 . RFP's that other communities have published for locating cell antennas on public property. I have attached portions of two RFP's, one from the Town of Northborough, which was looking for a tower at one specific location, and from the Town of Marshfield, which had 2 specific sites. I also have RFP's from Abington, for a tree like monopole next to their water tower, Dedham, for attachment to a smokestack, and Weston, for an installation on their water tank. 3 . Any available model from the MAPC that regulate cell antennas on public property. I contacted MAPC, which provided a document "Wireless Service Facilities and the Law" (attached), which deals with these facilities in a broad sense, and is not specific to public property leasing. They did not have any models to reference. 4. Any relevant information from the Town Attorney about his firms' experience with communities who have regulated cell antennas on public property. I have contacted Kopelman and Page, and they provided some additional RFP's, as noted above, and they indicated that we are able to include limitations we feel are appropriate when leasing Town property. As always they are available for specific questions or to review drafts. 5. A memo from the Department of Community Development and Planning with suggestions as to how these existing regulations and RFP's could be adapted for use in Watertown. This document will serve this purpose. My primary recommendation is to hire a qualified professional to evaluate signal strength of the major providers and compare that with public property to identify where it would make most sense to locate wireless facilities. I think that this is a critical piece of information to have as we consider entering the market as we should know what public properties represent an opportunity. This also will help to address the concerns of residents as to where the needs exist and where we can reduce the proliferation elsewhere. 1 also think it is reasonable to establish the parameters of where and under what circumstances the Town is willing to locate such facilities. This should be the primary component of an RFP, both in terms of where we want to solicit an installation, but also in terms of specific conditions we would impose. As the lessee, we have tremendous control over what will be constructed, if we decide to move forward at all . Once we have evaluated the relative viability of various Town properties, we can decide whether to proceed, and if so, I would then craft the specific set of parameters to consider for placement in an RFP for these specific sites. This will take into consideration the sample documents and any other recommendations we receive for conditions. Of course a primary consideration will be the enhanced communication capability for Town services, including public safety. cc Michael J. Driscoll, Town Manager Gerald S. Mee, Superintendent of Public Works QpGN Mgssq TOWN OF NORTHBOROUGH pQ Cy Town Offices tiZ 63 Main Street x y Northborough, MA 01532- 1994 (508) 393-5040 Phone (508) 393-6996 Fax win ���A��ATfD IAN��~ F VERTISEMENT �) Town of Northborough Request for Proposals Lease of Municipal Property for Wireless Communications Tower The Town of Northborough, Massachusetts, acting by and through its Board of Selectmen, is seeking proposals from qualified wireless communications providers interested in leasing a portion of Town-owned land at 211 Main Street for the construction, installation, operation and maintenance of a wireless communication facility. All vendors must submit in conformance with the Request for Proposals documents which will be available in the Town Administrator' s Office, 63 Main Sheet, Northborough. Town Offices are open Mon, Weds, Thurs 8AM-4PM; Tues 8AM-7PM; and Fri 7AM- 12PM. This RFP and the awarding of any lease pursuant thereto shall be subject to the provisions of G.L. 00, § 16, and the terms of the statute shall control in the event of any conflict between such terms and the terms of this RFP. Proposals must be received by 2:00 p.m. on May 3 , 2010 at the Office of the Town Administrator, Town Offices, 63 Main Street, Northborough, MA 01532. UG8 Mggs TOWN OF NORTHBOROUGH ��O qCy Town Offices ti 63 Main Sheet i Northborough, MA 01532- 1994 * (508) 393 -5040 Phone a tat Wall IF � (508) 393-6996 Fax Town of Northborough Request for Proposals Lease of Municipal Property for Wireless Communications Tower Table of Contents I. General Information and Bid Submission Requirements ......, 66**6*4 60 9 rut 2 A. Submission Deadline & Instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 B . Questions, Addendum or Bid Modification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 C. Pre-Bid Conference/Walk-through . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 D. Opening and Selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . 5 II. Project Background ... .. . ........... .. .......... ............ .. ..................... . ................. . . . ......... 6 III. Scope of Services ...... .......... ................................................................ . . .. . . ............. 7 IV. Municipal Equipment ....... . ......... .......... . . ...... .......... ... ................. ... ................ . . Base. 8 V. Requirements for Application ........ .. ............ ....... ............... .................... . ............ 9 VI. Minimum Requirements ............. .......................... . .... ................. . .................. . ... 10 VII. Comparative Criteria ............... . ........... .. . ............ ................... .... ........................ 10 VIII. Rule for Award........ ..... ......... .................... .................. . .. ................. . ............. ...... 13 IX. Price Proposal Format.... 9 9 Fe494449 9 9144466469 9 wee a ease sea 64 Vallee 13 X. Lease Terms and Conditions... ........ .. ............. ............. ................................... . . .. 14 XI. Non-Collusion Form and Tax Compliance Form ................ . . .............. ............ 17 APPENDIX A: Zoning Bylaws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 APPENDIXB : Lease Proposal Form. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....28 APPENDIX C: Sample Lease Agreement. , . . . 00 Go ltlo@ so 44144bo 04 so * * * 04 0 # 0 Be 000 00 ofee go essesse 630 1 �pGH M45;9 TOWN OF NORTHBOROUGH Town Offices 63 Main Street o ' - E9 Northborough, MA 01532- 1994 z * (508) 393 -5040 Phone (508) 393-6996 Fax �A�99Tf D 'IAN��� I. General Information and Bid Submission Requirements The Town of Northborough, Massachusetts, acting by and through its Board of Selectmen, invites qualified wireless communications providers ("Applicants") to submit proposals to lease approximately 2,400 square feet of the 8 .62 acres of Town-owned land at 211 Main Street (the "Site") for the construction, installation, operation and maintenance of a wireless communication facility ("Tower") . The Site, as shown on the Assessor's Map 53 as Lot 107, recorded in the Worcester Registry of Deeds, Plan Book 3018, Page 172, is a Business West zoned parcel of land on which the Northborough Police Department is located. The proposed Tower installation is subject to the provisions of Section 7- 10-040 of the Town of Northborough Zoning Bylaws, which is attached and incorporated within this Request for Proposals ("RFP") as Appendix A. Construction of a wireless communications facility requires Planning Board approval of a Special Permit. Applicants should familiarize themselves with the Town's requirements and Special Permit application process . This RFP does not represent approval or exemption of the facility from the Town' s Zoning Bylaws or building permit procedures, and the successful Applicant is responsible for obtaining all necessary permits thereunder. All Applicants must submit in conformance with the Request for Proposals documents available in the Town Administrator' s Office at 63 Main Street. This RFP shall be governed by the requirements of Chapter 30B of the Massachusetts General Laws, the Uniform Procurement Act. The Town will seek authorization at the April 26, 2010 Annual Town Meeting to enter into a long-term lease agreement of more than three years for the use of a portion of Town-owned land at 211 Main Street for the construction, installation, operation and maintenance of the Tower and all accessory equipment, in accordance with Massachusetts General Laws, Chapter 30B, Section 12(b). The term of the lease to be awarded pursuant to this RFP is therefore subject to Town Meeting approval. A. Submission Deadline & Instructions In accordance with Chapter 30B of the Massachusetts General Laws, all submitted proposals shall be separated in two sealed envelopes : one envelope containing a price 2 p�GN Mgsg TOWN OF NORTHBOROUGH pQ qcy Town Offices 63 Main Street o Northborough, MA 01532- 1994 ? (508) 393 -5040 Phone c+ (508) 393-6996 Fax ��A�9ATED ,IAN�~ proposal ("Cost Proposal"), and the other containing the non-price/technical proposal ("Technical Proposal") . NO REFERENCE TO THE COST OF THE SERVICES SHALL BE CONTAINED IN THE TECHNICAL PORTION OF THE PROPOSAL. The Technical Proposal and Cost Proposal must be submitted in separately sealed envelopes clearly marked with the Applicant's name and address, and the identification "Technical Proposal for Wireless Communications Facility Lease" and "Price Proposal for Wireless Communications Facility Lease," respectively. Both envelopes must be enclosed in a third sealed envelope clearly marked with the Applicant' s name and address and the identification "DO NOT OPEN: SEALED PROPOSAL FOR LEASE OF MUNICIPAL PROPERTY FOR WIRELESS COMMUNICATIONS FACILITY." The Cost Proposal should be submitted on the attached Lease Proposal Form contained in Appendix B, with the attached Tax Compliance and Non-Collusion form. The Technical Proposal shall consist of all submissions related to the performance of the Scope of Services and other non-price requirements detailed in this RFP . The Town reserves the right to accept any bid, and to reject any and all bids if it shall be deemed in the best interests of the Town to do so . Proposals must be signed as follows: 1 ) if the Applicant is an individual, by her/him personally; 2) if the Applicant is a partnership, by the name of the partnership, followed by the signature of each general partner; and 3) if the Applicant is a corporation, by the authorized officer, whose signature must be attested to by the Clerk/Secretary of the corporation and the corporate seal affixed. One original and six (6) copies of the proposal shall be received and registered by the Office of the Town Administrator, Town Offices, 63 Main Street, Northborough, MA 01532, no later than 2 :00 p.m. on May 3, 2010. Northborough ' s Town Offices are open Monday, Wednesday and Thursday from 8 : 00 a.m. to 4 : 00 p.m., Tuesdays from 8 :00 a.m. until 7 : 00 p.m. , and Fridays from 7 : 00 a.m. until 12: 00 noon. If, at the time of deadline for submission, Town Offices are closed due to uncontrolled events such as fire, snow, ice, wind, or building evacuation, the proposal submission deadline will be postponed until 2:00 p.m. on the next normal business day. In such case, proposals will be accepted until that date and time. 3 i UGH Mggs TOWN OF NORTHBOROUGH ��Q� gCyG Town Offices �1 63 Main Street o Northborough, MA 01532- 1994 z (508) 393-5040 Phone w „ (508) 393 -6996 Fax o9A�'�ATED 'l AN ti°`',, B. Questions, Addendum or Bid Modification Questions concerning this RFP` must be submitted in writing to : Kimberly Hood, Assistant Town Administrator, Town Offices, 63 Main Street, Northborough, MA 01532. All inquiries received five or more days prior to the submission deadline will be considered. Questions may be delivered, mailed, or faxed. Written responses will be mailed or faxed to all Applicants on record as having picked up the REP . Oral responses may not be relied upon. If any changes are made to this RFP, an addendum will be issued. Addenda will be mailed or faxed to all Applicants on record as having picked up the RFP. All bid prices submitted in response to this RFP shall remain firm for forty-five (45) days following the bid opening. The lease will be awarded within forty-five (45) days from the bid opening. . The successful Applicant will be required to execute a lease for the Site in substantially the form of the Lease Agreement attached as Exhibit C (the "Lease" or "Lease Agreement"). The Town of Northborough may request or agree to changes or additions to the Lease Agreement which do not decrease the amount of lease income or the rights of the Town of Northborough under the Lease Agreement, at the Town' s sole discretion. The time for award may be extended for up to forty-five (45) additional days by mutual agreement between the Town and the selected Applicant. An Applicant may correct, modify, or withdraw a proposal by written notice received by the Town prior to the time and date set for the bid opening. Proposal modifications must be submitted in a sealed envelope clearly labeled "Modification No._. " Each modification must be numbered in sequence, and must reference the original RFP. The Town shall award a lease, if at all, to the responsive and responsible Applicant whose proposal is deemed by the Town to be the most advantageous, taking into consideration price and the evaluation criteria stated in this RFP. The Town reserves the right to waive any informalities in the proposals, and to reject any and all proposals if it is deemed to be in the best interests of the Town to do so. If a mistake and the intended bid are clearly evident on the face of the bid document, the mistake will be corrected to reflect the intended correct bid, and the Applicant will be notified in writing; the Applicant may not withdraw the bid. An Applicant may withdraw a bid if a mistake is clearly evident on the face of the bid document, but the intended correct bid is not similarly evident. 4 o�G� At TOWN OF NORTHBOROUGH C'y0 t Town Offices 63 Main Street o Northborough, MA 01532- 1994 (508) 393-5040 Phone ,,,,„ ,„ (508) 393 -6996 Fax o�A�9ATED1 'pNA�or or Co Pre-Bid Conference/Walk-through There will be a bidders ' conference and site visit on Wednesday, April 14, 2010 at 10 :00 a.m. at the Northborough Police Department, 211 Main Street. D. Opening and Selection Price and Technical Proposals will be publicly opened and recorded on May 3, 2010 at 2 : 00 p.m. at the Office of the Town Administrator. The Board of Selectmen reserves the right to reject any proposal, which it deems, at its sole discretion, to be not in the best interest of the Town, including incompatibility with the Site and/or use of the surrounding land. Successful applicants will be required to execute the Lease Agreement, substantially in the form attached as Appendix C, with such amendments as may be mutually acceptable to the Town and the successful Applicant, within thirty (30) days from the date of notice of acceptance of a proposal, or within such further time as the Town agrees. All proposals will be reviewed in accordance with G .L. c.30B by the Town Administrator, and final selection will be made by the Board of Selectmen based on the results of the Town Administrator' s evaluation and analysis of the information and materials required under this RFP. The Lease will be awarded to the Applicant who submits the required documents, has the demonstrated experience and resources to fulfill the requirements of this RFP, and best meets the comparative evaluation criteria. The Town will award a lease to a responsive and responsible Applicant. The Applicant will have thirty (30) days from the time it receives notice from the Town that its offer has been accepted, to execute the Lease Agreement. If the parties fail to execute the Lease Agreement within thirty (30) days of notice of award, the Town may select the next most advantageous offer. The Town reserves the right to reject any and all proposals if it determines that it is in the best interest of the Town to do so. The Town also reserves the right to waive any informalities in the proposal process and to accept the proposal deemed to be in the best interest of the Town. 5 �UGN M4 TOWN OF NORTHBOROUGH pQ Cy Town Offices 63 Main Street o Northborough, MA 01532- 1994 T * (508) 393-5040 Phone (508) 393 -6996 Fax 9A��'ATFp ,IANti�`� II. Project Background The Town is seeking to replace its existing monopole style Public Safety Communications Tower located behind the Police Station at 211 Main Street. The radio tower is used by the Town' s Public Safety Dispatch Center to communicate via two-way radio with Police, Fire, EMS and Public Works personnel. The current tower is approximately thirty years old and at this time, additional needed repairs cannot be made to the tower as technicians consider the structure unsafe to climb. At its January 11 , 2010 meeting, the Board of Selectmen unanimously authorized the Town Administrator to proceed with the issuance of an RFP to seek providers for the design, installation and maintenance of a wireless communications facility on land at 211 Main Street to be leased from the Town. The Town has identified an approximately 2,400 square foot area located adjacent to the northwest corner of the Police Station as the preferred location for the new Tower. Compared to the location of the current tower, the proposed site will allow for a larger footprint which will provide additional space for the Applicant' s and future co-locators ' equipment and storage facilities. The purpose of this RFP is to make a portion of the premises at 211 Main Street, owned by the Town of Northborough and occupied by the Police Department, available on a fair and competitive basis for the location of a wireless communications facility. This RFP also seeks to accommodate the need for the minimum possible number of telecommunications facilities within the Town and to minimize the adverse effects of the location of such facilities on the Town of Northborough and its residents. 6 ppGN Mgss TOWN OF NORTHBOROUGH �OQ q°yG Town Offices 63 Main Street o Northborough, MA 01532- 1994 z * (508) 393 -5040 Phone o (508) 393-6996 Fax III. Scope of Services The successful Applicant will enter into a twenty (20) year lease agreement with the Town of Northborough under which the Applicant will, at its sole expense, be responsible for installing and maintaining a new monopole-style Tower, all equipment necessary to support Tower operations and the necessary underground connections to public utilities. The successful Applicant will also be required to dismantle and remove the existing communications tower. The selected Applicant shall comply with all federal, state and local laws, regulations and bylaws as may be applicable. (See Appendix A for the Town of Northborough 's Zoning Bylaws governing Wireless Communications Facilities.) The selected Applicant will be responsible for all construction permitting and other local, state and federal government approvals. All necessary permits must be obtained at the sole cost and expense of the Applicant. The successful Applicant will be required to provide a back-up generator to provider sufficient power to the Tower in the event of a power outage/disruption of utility service to the site. Per Section 7- 10-040 (E) (3) of the Town ' s Zoning Bylaws, the selected Applicant must "allow the co-location of at least three other wireless communication providers on commercially reasonable terms." The Applicant will be permitted to enter into agreements to sub-lease space on the Tower to other parties, but minimum payments proposed to the Town as a result of such sub-leases shall be specified on the Lease Proposal Form found in Appendix B . The Tower should only be as tall as necessary to meet the needs of the Applicant and its co-locators. Therefore, if the Applicant is able to accommodate the same number of co- locators at a lower height, with comparable signal strength, that is preferable to the Town. If the selected Applicant fails to apply for all permits necessary to construct or install its facilities within sixty (60) days of award of the Lease, or if after obtaining such permits it fails to proceed with the construction or installation of such facilities on or before dates mutually established, the Town of Northborough, at its sole discretion, may elect to terminate the Lease. 7 UCH MASS TOWN OF NORTHBOROUGH Acb� Town Offices hZ R, 63 Main Street a Northborough, MA 01532- 1994 z }� (508) 393-5040 Phone 01, (508) 393-6996 Fax IV. Municipal Equipment The successful Applicant shall reserve for the Town the following locations for the equipment as specified (the "Municipal Equipment"): A. Height priority at or near the top of the Tower for the following: Four (4) VHF High band antennas for the DPW/Town Government, Fire, Police, spare and one ( 1 ) security device (pan/tilt/zoom camera). B . Secondary Tower height priority shall be provided for an additional two (2) VHF high band antennas for Fire secondary/man down and Police Tactical channel. C. Intermediate space location shall be provided for another five (5) antennas as follows at an intermediate height that shall not be below the tree line: one-VHF high band for emergency management, one-UHF for fire and police mutual aid, one-800 MHZ for fire, police and public safety mutual aid, one-Low band-wide band antenna and one- scanner antenna. Access for maintenance and upgrades or improvements to Municipal Equipment shall be provided at no cost to the Town for the term of the Lease Agreement. The location of Municipal Equipment shall be determined prior to construction and will be coordinated with the Police Chief, Fire Chief, and Director of Public Works. The successful Applicant agrees to install the Municipal Equipment at the same time as it installs its own equipment on the Tower. 8 oUAN h1AO TOWN OF NORTHBOROUGH Town Offices 63 Main Sheet z Northborough, MA 01532- 1994 (508) 393-5040 Phone w (508) 393-6996 Fax 9A�yAtED 'IAN;IA v. Requirements for Application Each Applicant must submit a written Application. The following information is specifically required: • Plans, photos, drawings and descriptions to provide sufficient information about all structures, buildings and associated apparatus the Applicant seeks to install on the Site. All drawings, plans, specifications and measurements submitted with the proposal shall become part of any subsequent lease between the Town and the Applicant. • List of waivers or permits that the Applicant feels will be necessary in accordance with the Town 's Zoning Bylaws. • Applicants must comply with the Town ' s Zoning Bylaws, and all Town rules and regulations, and apply for the necessary special permits, variances or waivers within sixty (60) days of award of the Lease. If an Applicant foresees problems with this process, such problems should be noted. • A workable time schedule of permit process and target dates for construction and completion. • Evidence that the Applicant is licensed by the Federal Communications Commission to provide wireless communications services. • A description of the Applicant' s technical expertise and capabilities pertinent to this project, including a list and copy of the Applicant's professional licenses, accreditation, and references pertinent to the Applicant' s performance and experience. • A summary of the Applicant's experience with relevant projects including a complete list of all projects completed in the last 3 years with references and contact information for each. • Statement of any judicial and/or administrative proceedings pending or concluded adversely to the Applicant within the past five (5) years which relate to the Applicant' s performance of this type of work. • Appropriate Certificates of Insurance. 9 pUGN MA TOWN OF NORTHBOROUGH p4 C,J0 Town Offices 63 Main Street z y Northborough, MA 01532- 1994 *� * (508) 393 -5040 Phone (508) 393 -6996 Fax • Evidence of financial stability. • Completion of the attached Certificate of Non-Collusion. The Pricing Proposal, contained in Appendix B, must be included in a separate sealed envelope. The Price Proposal shall be in the form of a fixed annual amount (a lease fee to be paid to the Town for use of the land), plus a percentage of co-location revenues that will be payable to the Town. All proposals shall be deemed to be public records with the meaning of G.L. c. 4, § 7(26). If an Applicant believes that the RFP requires the disclosure of technical, proprietary, or trade secret information that the Applicant is not willing to make public, the Applicant may submit such information in a separate envelope clearly marked, which will be returned to the Applicant following the designation of the successful Applicant. No part of a proposal involving the amount of lease income the Applicant is willing to pay may be designated as confidential. VI. Minimum Requirements Each Applicant must demonstrate that it meets the following minimum qualifications : i. Be licensed by the Federal Communications Commission to provide wireless communications services. ii. Demonstrated knowledge of, and experience in, legal and administrative requirements, procedures and practices related to the design, installation, operation and maintenance of Wireless Communications Facilities in the Commonwealth of Massachusetts. iii. A minimum of five (5) years experience in constructing, owning, operating, managing and maintaining similar facilities. VII. Comparative Criteria The Awarding Authority will make further review of all applications found to be responsive and check references as may be appropriate. Further review will be based on the following comparative criteria : 10 OQG'A Won TOWN OF NORTHBOROUGH Town Offices 63 Main Sheet z h Northborough, MA 01532- 1994 (508) 393-5040 Phone _ (508) 393-6996 Fax A. Most aesthetically appropriate use of the Site/Impact of proposed facility on surrounding property ➢ Highly Advantageous: The proposed plans for the Site involve the most aesthetically appropriate use of the Site by minimizing the visual and environmental impacts of the proposed facilities, consistent with the requirements of the Town ' s Zoning Bylaw. Design measures taken to minimize the visual impact of the equipment will contribute to a Highly Advantageous rating. ➢ Advantageous: The proposed plans for the Site comply with the requirements of the Town 's Zoning Bylaw relative to such installations, and use standard installation techniques, with only modest efforts in the area of mitigating visual impacts and protecting the environment. ➢ Not Advantageous: The proposed plans for the Site comply with the requirements of the Town' s Zoning Bylaw relative to such installations, but do not attempt to mitigate the visual impact or protect the environment. ➢ Unacceptable: The proposed plans for the Site are not for wireless communication tower purposes or otherwise do not comply with the Town' s Zoning Bylaw and the provisions of this RFP. B. Technical expertise and capabilities ➢ Highly Advantageous: The Applicant has significant technical expertise and capabilities for the construction, operation and maintenance of wireless communications towers, antennas, and other equipment. In particular, this highest rating will be reserved for Applicants whose experience, professional licenses and accreditation, and professional references demonstrate that the Applicant is capable of developing a specialized approach to the operation and maintenance of the wireless communication tower, antennas and communications equipment in a manner that is suitable for this Lease. The material submitted pursuant to Section V of this RFP will be used to evaluate this criterion. ➢ Advantageous: An Applicant who has some technical expertise and capabilities for the operation and maintenance described above. ➢ Unacceptable: An Applicant who has no specific technical expertise or capabilities for operation and maintenance described above. 11 o�GH Mgss9 TOWN OF NORTHBOROUGH pQ C,f, Town Offices 63 Main Street a Z9 Northborough, MA 01532- 1994 * (508) 393 -5040 Phone c+ (508) 393-6996 Fax C. Experience with similar projects ➢ Highly advantageous : An Applicant has experience in the development and operation of five or more facilities that are similar in nature, size, and scope. ➢ Advantageous : An Applicant has experience in the development and operation of three or four similar projects . ➢ Not Advantageous: An Applicant has experience in the development and operation of one or two similar projects. D. Demonstrated ability to complete projects on a timely basis ➢ Highly advantageous : All of the Applicant's references indicate that projects were completed on schedule or with minimal, insignificant delays. ➢ Advantageous: Only one of the Applicant' s references indicates that the project was completed with substantial delays attributable to the Applicant, and no current project or project completed in the last three years experienced substantial delays attributable to the Applicant. ➢ Not advantageous : Two of the Applicant' s references indicate that the project was completed with substantial delays attributable to the Applicant, and no current project or project completed in the last year experienced substantial delays attributable to the Applicant. ➢ Unaccentable: More than two of the Applicant's references indicate that the project was completed with substantial delays attributable to the Applicant. E. Quality of Proposal ➢ Highly Advantageous — The Proposal clearly demonstrates that the Applicant understands the problem and issues involved and has provided a project approach that is clear, concise and addresses all aspects of the Request for Proposals ➢ Advantageous — The Proposal demonstrates that the Applicant understands the problem and issues involved and has a project approach that addresses all aspects of the Request for Proposals 12 o�GN Men - TOWN OF NORTHBOROUGH �pQ CyG Town Offices �Z 63 Main Sheet i y Northborough, MA 01532- 1994 (508) 393-5040 Phone ,,,,, , 7 N (508) 393 -6996 Fax o9A�9ATED I ~ ➢ Not Advantaeeous — The Proposal demonstrates that the Applicant understands some aspects of the problem and issues involved and has a project approach that addresses some aspects of the Request for Proposals ➢ Unaccentable — The Proposal demonstrates that the Applicant does not understand the problem and issues involved and has presented a project approach that does not address most aspects of the Request for Proposals The Awarding Authority may request that one or more respondents provide additional information during the process to permit it to complete the evaluation process. It is the intent of the Awarding Authority to interview the top ranked Applicants . The Town will enter into a Lease with the Applicant offering the most advantageous response, taking into consideration all evaluation criteria. VIII. Rule for Award The Town will select the responsive and responsible Applicant submitting the most advantageous proposal, taking into consideration the Applicant's qualifications, experience, references and plan for the Site as well as the annual lease and co-location fees payable to the Town. IX. Price Proposal Format As described in Section I of this RFP, the "Price Proposal" is to be submitted separately from the "Technical Proposal" using the Price Proposal Form included in Appendix B . 13 UGH Mgss TOWN OF NORTHBOROUGH ��QD q°yG Town Offices hZ 63 Main Sheet z Northborough, MA 01532- 1994 * » (508) 393 -5040 Phone (508) 393-6996 Fax ti° � X. Lease Terms and Conditions The Lease Agreement shall be substantially in the form attached hereto as Appendix C, and shall be in form acceptable to Town Counsel. The Lease will incorporate the Request for Proposals, the responses to the Request, the minimum requirements and terms agreed by all parties. The successful Applicant will be responsible for complying with all terms and conditions contained within the Lease, in addition to all other local, state and/or federal rules which may apply to the operation of a wireless communications facility. The Applicant will be responsible for obtaining and maintaining all required permits, licenses or other like requirements for the operation of a wireless communications tower in the Commonwealth of Massachusetts. The Applicant shall not be permitted to begin construction of the Tower or installation of equipment before executing a lease. The Applicant shall apply for all permits necessary to construct or install its facilities within sixty (60) days of award of the Lease Agreement. Rent payment shall commence upon the earlier of receipt of a Special Permit by the Applicant or ninety (90) days from the date of execution of the Lease Agreement. The Town will grant the successful Applicant, after review of the proposed construction plans and schedules and upon compliance with the Town's Zoning Bylaws and all other Town rules and regulations, a temporary construction easement for access and egress from the Site for construction of the Tower and installation of necessary equipment. The Applicant shall restore all land disturbed during the construction and installation of the Tower to good and acceptable condition as deemed appropriate by the Town. The Town makes no representation of any kind with respect to the Site, its adequacy to support equipment, or its appropriateness for the intended use. Applicants will be permitted to inspect any plans, specifications or other records relating to the Site that the Town may have in its possession. Access to the Site to make inspections, perform engineering surveys and tests to the suitability of the Site shall be at the Applicant' s own risk and expense, with prior approval of the Town. Each Applicant will be responsible for any personal injury or damage to property and will hold harmless and indemnify the Town for any damages arising out of its inspections or testing of the Site. The Applicant shall agree that the Site to be leased shall be used only for the purpose of constructing the Tower and establishing, maintaining and operating the equipment as a wireless communications facility. In no instance shall the Applicant use the land for any 14 OpGH MAN TOWN OF NORTHBOROUGH Town Offices 63 Main Street i y Northborough, MA 01532- 1994 *� * (508) 393 -5040 Phone (508) 393-6996 Fax °9ar�o �a�ti purpose not directly related to this function. It is intended to be an un-manned site used only for the transmission and reception of the wireless communications provided by the Applicant and co-locators. All such facilities must be secured in a manner as to address any reasonable safety and aesthetic issues raised by the Town. The successful Applicant shall indemnify, defend, and hold the Town harmless from and against any and all claims, demands, liabilities, actions, causes of actions, costs and expenses, including attorney's fees and expenses, arising out of the installation, use, maintenance, repair or removal of the facility or the breach of any provision of the lease entered into pursuant to this RFP . The successful Applicant shall maintain insurance, underwritten by an insurer licensed to do business in the Commonwealth of Massachusetts, covering the facility in an amount satisfactory to the Town and listing the Town as an additional insured. If the Applicant fails to 1 ) apply for all permits necessary to construct or install its equipment within sixty (60) days of award, or 2) upon issuance of all such necessary permits, fails to proceed to construct or install such equipment on or before dates mutually established, then the Town may elect, by thirty (30) days written notice to the tenant, terminate the lease and retain the bid deposit. The successful Applicant shall bear all costs for installation, maintenance, operation and removal of the facility. The successful Applicant shall post with the Town Treasurer a bond, or the cash equivalent, in an amount sufficient to cover the demolition of the facility, but in any event no less than $ 10,000 . At the end of the lease period, the successful Applicant shall remove all personal property and equipment installed at the Site, and shall, at the request of the Town, remove any building or other structures erected by it at the Site, including any utility connections, and shall restore the Site to its pre-existing condition within sixty (60) days from the date of abandonment or discontinuation of use. If the Town does not require removal of the buildings or other structures including utility connections installed by the successful Applicant, the Town may require the successful Applicant to transfer such buildings, structures and connections to the Town. Tenant shall also furnish and pay all costs for obtaining and maintaining a performance bond, in the amount of $50,000, for the duration of this Lease to secure Tenant' s obligations under this Lease, including, without limitation, Tenant' s obligation to pay Rent and any termination fee as included in the Lease Agreement. The bonds shall be written by a company authorized to issue such bonds in the Commonwealth of Massachusetts and satisfactory to the Town, and shall be issued upon execution of the Lease Agreement. The bonds shall not be cancelled, materially changed 15 Q�GH Mgsg TOWN OF NORTHBOROUGH Town Offices 63 Main Street z y Northborough, MA 01532- 1994 y (508) 393-5040 Phone `O (508) 393 -6996 Fax o9AogATfD 'IANti�`ti or reduced without first giving written notice to the Town and Tenant at least thirty (30) days in advance and obtaining the Town' s consent. 16 REQUEST FOR PROPOSALS FOR THE LEASE OF MUNICIPAL PROPERTY TO BE USED FOR WIRELESS COMMUNICATION FACILITIES The Town of Marshfield, acting by and through its Chief Procurement Officer (hereinafter "the Town"), is seeking proposals for the lease of two (2) sites for the operation and maintenance of wireless communication facilities along with co-locators. This Request for Proposals is made pursuant to Massachusetts General Laws, Chapter 30B, § 16, pertaining to lease of real property. The deadline for submission of proposals is March 28, 2007 at 3 :30 p,m, The two (2) sites are as follows: Site A: Waste Water Treatment Facility (WWTF) Located at 200 Town Pier Rd. Marshfield, MA shown on the town Assessor's Atlas as Map M07, Block 03, Lot 01 . The coordinates of the WWTF are: 42- 05 - 15 .9N latitude NAD 83 ; longitude 70-38-41 .6W. The WWTF is 10 ' above mean sea level. The WWTF property has sufficient land area to accommodate a wireless communication facilitate. In an effort to minimize the appearance of the facility to the sunrounding neighborhood, concealed structures such as flag poles, light house or other camouflaged facilities are desired. Site B: Webster St. II Pumping Station as shown on the Marshfield Assessor' s map as Map K04, Block Ol , Lot 06, located off of Webster St. The coordinates of the parcel are: latitude42-04-22.7N; longitude 70-40-38.OW, NAD 83 The pumping station is 13 .6 ' above mean sea level . Both properties are owned and managed by the Marshfield Department of Public Works. I Site Inspections, Testini: 1 . The Town makes no representations of any kind with respect to either of the sites, their adequacy to support the equipment, or the appropriateness of any site for use as a wireless communication installation. Interested parties will be allowed to review town records relating to each site and will have access to each site to make inspections, perform engineering surveys and conduct drive tests at their own expense, with the prior approval of the Town. Each firm will be responsible for determining the adequacy of the locations and the suitability of the site for use as a wireless communication station. 3 . Drive Tests — Firms submitting proposals will be able to schedule appointments to inspect the sites and conduct drive tests for both sites will be scheduled the week of March 12th 2007. Please contact Paul Halkiotis, Town Planner at (781 ) 834-5554 to schedule times for a drive test. Forty eight hours advanced notice is required for drive tests. 4. Insurance: An insurance certificate must be provided to the Town of Marshfield Planning Office at least (2) business days in advance of the scheduled date of testing. The insurance certificate should provide evidence of the following coverage: ♦ Commercial General Liability, including Owners and Contractor's Protective Liability, in the amount of $ 1 million dollars per occurrence, $2 million aggregate. 1 ♦ Automobile Liability, specifying all owned, hired and non-owned autos with bodily injury coverage in the amount of $500,000 per occurrence, one million dollars aggregate and property damage coverage in corresponding amounts. ♦ Workers Compensation and Employer's Liability in amounts as required by Massachusetts General Laws. The insurance certificate must also state the dates of coverage and the location(s) to which the coverage applies. He RFP Requirements Each proposal must satisfy all of the following proposal submission requirements in order to be considered for award. A proposal which does not include all of the proposal submission requirements may be rejected as non-responsive. The Town reserves the right to reject any and all proposals that are found to not be in the best interests of the Town. All firms submitting a proposal must review the proposed lease agreement provided as Attachment 3 . Firms should be prepared to execute the lease agreement in substantially the same form presented in Attachment 3 . 1 . Instructions for Submittine Pronosals A. Date & Location for Pronosal Submission: Qualified firms are invited to deliver six (6) copies of each proposal for each site to the Planning Department, Marshfield Town Hall, 870 Moraine St., Marshfield, MA 02050. FAXED or E-Mailed PROPOSALS ARE NOT ACCEPTABLE. All proposals must be submitted in accordance with General Laws Chapter 30B, § 16. The deadline for receipt of proposals is March 28, 2007 at 3 :30 PM. B . Seoarate Pronosals for Each Site — Please provide separate proposals for each site. Qualified firms are not required to submit proposals for both sites. Proposals should be clearly marked "Wireless Communication Facilities Proposal" and the name of the site ("Waste Water Treatment Facility"; or "Webster St. If Pumping Station"). Proposals should include the annual rent for each year of the 5 year term of the lease and for each year of the three (3) renewal terms totaling twenty (20) years. Qualified firms are requested to submit escalating rent such that the rental payments increase each year during the lease term by an amount to be specified by the qualified firm. C. Letter of Transmittal — A cover letter must be submitted signed by the individual authorized by the qualified firm to negotiate on behalf of the firm and contractually bind them, stating that the offer is effective for at least ninety (90) calendar days from the submission of proposals, or a lease is executed, or this RFP is cancelled, whichever occurs first. D. Descriotion of Pronosed Installation: Detailed plans and specifications for the proposed facility are not required at this time but will be required for the building permit application. However, a brief description of the proposed wireless installation is required including the following information: ♦ plan showing the proposed location of all equipment; ♦ description of all structures necessary to support or contain the equipment; ♦ list of the proposed equipment to be installed, please include equipment cut sheets; ♦ utility or telecommunication cables or services needed to operate the site; ♦ proposed security structures; ♦ plans or pictures of similar facilities the firm has developed in other locations similar to the two sites. E. Other Communitv Benefits: Explain any other benefits to the community that the qualified firm is willing to offer, such as phones, low cost or free wireless phone service, locations on the structure that would be provided to the town for wireless antennas for public safety departments or future WAN equipment network. 2 F. List of other Municipal Sites: Please provide a list of municipalities in Massachusetts where the firm has installed a wireless communication facility in the past two years and site contact information for references. G. FCC License: Please submit a copy of the firms FCC License, if a licensed telecommunication company. H. Reauested Changes to Lease: Please provide a list of any proposed changes to the lease agreement. If proposed changes are substantial and determined to not be in the best interest of the town, the proposal may be rejected. I. Standard Forms: The following list of standard forms must be submitted as part of the proposal . 1 . Certificate of Beneficial Interest Form: Please submit a completed Certificate of Beneficial Interest in Real Property transaction form as required by Mass. Gen. Law, c.7, 40J. See Attachment 4. 2. Non-Collusion Affidavit: Please submit a fully executed certificate of Non-Collusion Form. See Attachment 5 , 3 . Contractor Certification Form: Please submit a fully executed Contractor Certification Form. See Attachment 6. 4. Certification of Pavment of State Taxes: Please submit a fully executed Certificate of Payment of State Taxes Form. See Attachment 7. 2 . Other RFP Requirements A. Zonine Requirements: The awarding of a lease for use of both properties is subject to the regulations of Marshfield Zoning Bylaw section 11 . 12. Both locations will require a Site Plan Review and a Special Permit issued by the Zoning Board of Appeals. B. Amendments to this RFP : The Town reserves the right to amend this Request for Proposals at any time by written notice to each firm prior to the deadline for submission of proposals, and to reject any and all proposals received, if they are determined to not be in the best interests of the Town. C. Responsibility of the firms: Submission of a proposal shall be conclusive evidence that the firm has examined the site and the RFP documents and is familiar with all the conditions of the proposed lease(s) . Upon finding any omissions or discrepancy in the RFP documents, the firm shall notify the Town Planner immediately so that any necessary addenda may be issued. Failure of the firm to completely investigate the site and/or to be thoroughly familiar with the RFP documents (including plans, specifications and all addenda) shall in no way relieve him or her from any obligation with respect to the proposal . D . Proorietary Information: Proposals are not considered public records until after a proposal has been accepted by the Town. If a firm believes that the RFP requires the disclosure of technical, proprietary, or trade secret information that the firm is not willing to make public, it may submit such information in a separate envelope, clearly marked "Confidential Corporate Information", which will be returned to the firm following the award of proposals. No part of a proposal involving the amount of rental income that the firm is willing to pay may be designated as confidential. E. Compliance with Federal. State and Local Laws: Final award of a lease is contingent upon the firm ' s demonstration of compliance with all federal, state and local laws, rules and regulations and obtaining any and all required permits and licenses. 3 3 . Proposal Evaluation Process: The Town Planner, Town Administrator and Town Engineer and / or their designee will review the proposals and make a recommendation to the Chief Procurement Officer on the acceptance of proposals by April 25, 2007. Proposals that have been determined to be non-responsive or incomplete may be rejected. A. Acceptance of Proposals : The acceptance of a proposal for each site will be made on the basis of a responsive proposal submitted by a qualified firm who offers the highest overall annualized rental value over the entire twenty (20) year period of the lease. The highest overall annualized rental value, will be calculated using the present value of all proposed lease payments over the entire 20 year term. The rent payments are due annually in advance of each fiscal year, beginning on July first of each year. Note that while the award will be based on a twenty (20) year lease term, the lease is structured for a 5 -year initial term with three (3) renewal terms; the Town retains sole discretion in the exercise of each option to renew. In the case of more than one qualified firm proposing to locate on a structure, the firm with the highest overall annualized rent, as determined above, will have first choice of the location on the structure. Other qualified firms preference on locations on the structures will also be prioritized based the amount of rent offered. Lease Moroval: The Town Planner, Town Administrator, Town Engineer and Town Counsel / or their designee will review any proposed changes to the standard lease agreement. When agreement is reached on the language of the standard lease agreement the Town Counsel will conduct a final review of the lease and make a recommendation to the Board of Public Works to sign the lease. The Town reserves the right to reject any changes to the lease agreement that is not in the best interests of the town. 4 LEASE AGREEMENT 1 . Parties. This LEASE AGREEMENT ("Lease"), made this day of 2007, by and between the Town of Marshfield, (hereinafter "LESSOR"), a municipal corporation organized and existing under the laws of the Commonwealth of Massachusetts, with a mailing address acting by and through the , with a usual business address o£ hereinafter "LESSEE". 2. Definitions. As used herein, the terms "Wireless Communication Facility, shall be as defined in Article II Definitions, of the Town of Marshfield Zoning Bylaw, as may be amended from time to time during the term of this Lease. 3 . Lease of Property. a. LESSOR hereby leases to LESSEE portions of the Property located at Marshfield, MA shown on the Twn Assessor' s Map_, Block , Lot _, consisting of square feet (all as more particularly shown on Lease Exhibit A) for LESSEE to construct, install, operate, maintain, repair, replace, protect and secure, its radio fixtures and related equipment, cables, accessories and improvements (collectively, the "Antenna Facility"), including, without limitation, the right to install up to # pannel antennas on the tower, (antenna center line +/- AGL), to connect the antennas by coaxial cables to telecommunications equipment located and to connect the equipment to standard electric and telephone service, together with unrestricted access for Tenant's uses from the nearest public right-of-way along the Property, substantially in accordance with the plans and specifications prepared by , dated , as shown on Lease Exhibit A attached hereto and incorporated herein, as such plans and specifications may be modified and amended to accommodate the requirements of required governmental permits and approvals (hereinafter, "the Leased Premises" .) : b. LESSEE shall have a non-exclusive right and easement to the Leased Premises during normal business hours, as hereinafter defined, for ingress and egress, on foot or motor vehicle, including trucks, for the installation and maintenance of wireless communication equipment. LESSEE shall also have emergency access to the Leased Premises as further provided in paragraph 4 of this Lease. 4. Hours of Access. a. Normal Business Hours: Unless otherwise agreed by LESSOR to accommodate LESSEE ' s needs during construction or otherwise, which agreement shall not be unreasonably withheld or delayed, LESSEE's access shall be limited to access during normal business hours of the Town of Marshfield. for purposes of this Lease, normal business hours shall be defined as five days a week, Monday through Friday, from 8 : 30 a.m. to 4 : 30 p .m. . 5 b. Emergency Access : For purposes of this Lease, "emergency access" is defined as access at any time outside the normal business hours as defined in paragraph 4 a. LESSEE shall have twenty-four hour access to the Leased Premises in the event of an emergency, provided, however, that LESSEE must be accompanied by Town of Marshfield personnel for emergency access and provided that LESSEE shall be responsible for paying any overtime or other costs incurred by LESSOR in connection with facilitating LESSEE's emergency access to the Leased Premises. 5 . Lease Term and Rental. a. The Initial Term of this Lease shall be for a period of five (5) years beginning on the date Tenant is issued a building permit for the Antenna Facility. In the event that the building permit has not been sought by Lessee and the term has not commenced with in one year of lease endorsment, the lease will comence one year from endorsement of the lease and rent payment shall comence. Annual rental shall be in accordance with the following schedule of rents, pro rated for any partial month(s) ("Rent") : Year Rent I $ 2 $ 3 $ 4 $ 5 $ Rent shall be paid annually in advance of each fiscal year beginning July I " annually. Rent shall be paid by check made payable to the Town of Marshfield and mailed or hand-delivered to : Treasurer-Collector Town of Marshfield 870 Moraine Street Marshfield, MA 02050 b. Rent Escalation: Rent shown in the table in Section 5 . a and Section 5 . d has been escalated at the rate of % percent ( X %) per year, rounded up. No further escalation shall apply. c. Extension /Renewal of Term : Three (3) five (5) year extension terms . Seven (7) months prior to the expiration of the then current term, Lessee shall send written notice to Lessor of its intention to renew this lease. Lessor shall, within forty-five (45) days from receipt of written notice, inform LESSEE in writing of its acceptance or rejection of such renewal . If LESSOR does not provide a response in said forty-five (45) day period, the LESSOR shall be deemed to have approved such renewal. d. Extended Term Rentals: The annual rental due for each successive year of any extended term shall be in accordance with the following schedule. No rent shall be due for any year of any 6 extended term unless the lease term is extended in accordance with the provisions of Section 5 .c of this Lease. Year Rent 6 $ 7 ( $ 8 $ 9 ) $ 10 $ _ 11 $ 12 $ 13 ( $ 14 $ 15 I $ 16 $ 17 $ 18 $ 19 $ 20 $ 6 . Electric Service. During the initial term of this Lease and any extension thereof, LESSOR shall cooperate with LESSEE in any effort by LESSEE to obtain such electric service as may be necessary in connection with the operation of LESSEE's wireless communication equipment. The cost of obtaining and maintaining such electric service to the Leased Premises shall be paid by LESSEE. LESSEE shall have a separate electric meter installed for its electric service and LESSEE shall pay all costs related to said electrical service. 7 . Co-Locators and Non-Interference. a. Co-Locators : LESSEE acknowledges and agrees that this Lease is non-exclusive, and as such, LESSOR maintains the right to co-locate other wireless communications installations on the Leased Premises, and/or to execute such additional leases with other interested parties who wish to co-locate such wireless communication equipment on the Leased Premises as may be feasible. b. LESSOR acknowledges and agrees that it will not permit the installation of any future wireless communication equipment which (a) results in technical interference problems with LESSEE ' s equipment or (b) encroaches on the leased premises. Prior to entering into any new lease agreement(s) with co-locators, LESSOR shall require the prospective tenants demonstrate that their proposed wireless installation will not cause interference with any existing tenant(s) / lessee' s facilities. This may necessitate an 7 interference study, performed by a qualified radio frequency engineer, funded by any new/prospective tenants. c. LESSEE acknowledges and agrees that in the event that a new installation causes interference with an existing installation, the new lessee will have thirty (30) days to cure the interference problems or they will be required to cease operations until such time as the interference problem is resolved. d. LESSEE acknowledges and agrees that the Town of Marshfield reserves the right to utilize space on the tower for the public saftey, utility communications including but not limited to the Waste Water Treatment Plant and Water Department SCADA' s system, civil defence and wireless wide area network on the tower, LESSEE agrees it will not cause interfearance to any of the Town' s wireless equipment at the tower. 8 . Use. a. LESSEE shall use the Leased Premises for the purpose of constructing, maintaining, repairing, replacing and operating wireless communication equipment, which equipment shall consist of the items described on Lease Exhibits A and B, attached hereto and incorporated herein by reference. b . LESSOR grants LESSEE the right to use such portions of LESSOR's property as is reasonably required for the construction, installation, maintenance, and operation of LESSEE's wireless communication equipment including: ( 1 ) the right of ingress and egress to and from the Leased Premises for construction machinery and equipment, (2) the right to use such portions of LESSOR's land as are reasonably necessary for storage of construction materials and equipment during installation of wireless communication equipment. LESSEE shall maintain the Leased Premises and all of LESSEE's improvements on the Leased Premises in a good condition. c. The use or storage of any hazardous or toxic materials or substances on the Webster II Pumping Station is prohibited unless LESSEE has obtained prior written approval from LESSOR. 9. Maintenance. a. LESSEE shall properly maintain the wireless communication equipment in good order and working condition, keeping in continuous full compliance with all federal, state and local laws, rules, and regulations, including Part 17 of the Federal Communications Commission Rules and Regulations and any future amendments thereto . LESSEE shall maintain the Leased Premises in at least the same condition as they were prior to the installation of LESSEE's wireless communication equipment, reasonable wear and tear excepted. Any alternations or improvements shall be at LESSEE's sole cost and expense. In addition, any alterations shall be made in quality at least equal to the preexisting condition of the Leased Premises and shall conform to all statutory, regulatory, and ordinance requirements. Prior to making any alterations or improvements, LESSEE shall obtain LESSOR's consent, which shall not be unreasonable withheld or delayed. 8 b. LESSEE, shall not permit any mechanics' liens, or similar liens, to remain upon the Leased Premises for labor and material furnished to LESSEE or claimed to have been furnished to LESSEE in connection with work of any character performed or claimed to have been performed at the direction of LESSEE and shall cause any such lien to be released of record forthwith without cost to LESSOR. Any material alterations or improvements made by LESSEE and allowed as permanent by LESSOR shall become the property of LESSOR at the termination of occupancy as provided herein. Whether such alterations shall be allowed as permanent or shall be required to be removed at the end of the Lease term shall be LESSOR's sole decision. 10. LESSOR's Access. LESSOR or agents of LESSOR may, at reasonable times, upon reasonable prior notice to and accompanied by a representative of LESSEE, enter to view the Leased Premises. In the event of an emergency or perceived emergency, LESSOR may enter take actions based on LESSOR' S sole judgement as appropreate actions to respond to the emergency, without prior notice to LESSEE. Annually, or more frequentlly at its sole discretion, at reasonable times, upon reasonable prior notice to and accompanied by a representative of LESSEE, LESSOR shall conduct an inspection of the Leased Premises. Notwithstanding the above, the only time LESSOR will be permitted to access the equipment area will be in the event of an emergency. 11 . Taxes. LESSEE shall be responsible for making any necessary returns for and paying any and all other property and or personal property taxes separately levied or assessed against the improvements constructed by LESSEE on the Leased Premises. 12. Indemnification. a. LESSEE shall indemnify, hold harmless and defend LESSOR against any and all claims, damages, suits or causes of action for damages arising after the commencement of this Lease and any orders, decrees or judgments which may be entered therein, brought for damages or alleged damages resulting from any injury to person or property or from loss of life sustained by any person or persons whatever in or about the Leased Premises. It is the intention and agreement of the parties hereto that LESSOR, its officers, boards, committees, agents, and employees shall not be liable for any personal injuries to LESSEE or its officers, agents, employees, subcontractors or invitees or to any other person entering the Leased Premises, or for any injury to any property of LESSEE, its officers, agents, employees, or invitees, or any property on any part of the Leased Premises, irrespective of how said damage .or injury was caused whether from actions of LESSEE or any other person, except that damage arising from a provable omission, fault, negligence or other misconduct of LESSOR in or about the Leased Premises shall remain the responsibility of LESSOR. LESSEE shall promptly notify LESSOR of any claim or proceeding brought against LESSEE in connection with LESSEE's operations on the Leased Premises and agrees to undertake forthwith to defend such action or proceeding, at LESSEE's own cost and expense, and hold LESSOR harmless and indemnify LESSOR against any liability thereon which may be asserted or imposed. 9 b . LESSEE shall indemnify and save harmless LESSOR of and from any and all liability, loss, damage, expense, cause of action, suit, claim and judgment, including reasonable legal expenses in connection with defending against such action, suit or claim arising from injury to persons or property of any and every nature and for any matter arising from LESSEE's occupation and use of the Leased Premises occasioned by LESSEE, its agents, employees, or invitees during the term of this Lease. 13 . Iusurance. a. Liabilitv Insurance. With respect to the Leased Premises and any adjacent property owned by LESSOR and used by LESSEE for ingress and egress to the Leased Premises, LESSEE shall maintain at all times during the term of this Lease or any extension thereof, at its own expense and cost, commercial public liability insurance which shall include the broad form commercial general liability against injury to persons or damage to property insuring LESSEE and LESSOR as an additional named insured, against any claim of liability arising out of LESSEE's use or occupancy of the Leased Premises. Such insurance shall further provide coverage in the minimum amount of two million dollars ($2,000,000) and shall be issued by a responsible company qualified to do business in Massachusetts and in good standing therein. b. Fire Insurance. LESSEE shall, at all times during the term of this Lease or any extension thereof, at its own expense and cost, maintain, as part of its own property insurance, fire insurance for its wireless communication equipment, which insurance shall provide protection against fire and the risks covered by: ( 1 ) the usual extended coverage endorsement; (ii) vandalism endorsement; and (iii) the so-called "all risk" endorsement. The minimum amount of fire insurance shall be the full replacement value of its wireless communications equipment at the Leased Premises. LESSEE shall not permit any use of the Leased Premises which will make voidable any insurance on the Leased Premises or its contents or which shall be contrary to any law or regulation from time to time established by the New England Fire Insurance Rating Association, or a similar body succeeding to its powers. LESSEE shall on demand reimburse LESSOR all extra insurance premiums caused by LESSEE's use of the premises. c. Certificates of such insurance shall be delivered to LESSOR at or prior to the commencement date of the Lease, and certificates of renewals or replacements thereafter shall be furnished to LESSOR prior to the expiration date of each such insurance policy. All such policies of insurance shall contain an endorsement that they may not for any reason be cancelled or terminated for failure or refusal to renew by the insurance company or by LESSEE, except only if the insurance companies issuing such policies shall notify LESSOR in writing by certified or registered mail no less than thirty (30) days prior to the effective date of such proposed cancellation, termination or failure or refusal to renew. d. In the event that any such policy is proposed to be terminated, not renewed or otherwise cancelled for any reason whatsoever, by the insurance company or LESSEE, LESSEE shall also immediately and prior to the effective date of such termination, 10 cancellation or non-renewal provide equivalent substitute policies in like qualified companies and in like amounts to LESSOR. Upon failure to so provide such substitute policies LESSOR may secure equivalent insurance coverage and LESSEE shall, upon demand, pay the total premium charges thereon either directly to the insurance companies or reimburse LESSOR for the premiums if paid by LESSOR. 14. Fire And Casualty. a. In the event of damage or destruction of any portion of the Leased Premises by any casualty insured against by LESSEE, all sums payable under policies of insurance with respect to such damage ("Insurance Proceeds"), must first be applied by LESSEE for restoration of the Antenna Facility, second to the restoration or replacement of any of LESSEE' s lost or damaged personal property, third to reimburse LESSEE for the cost of insurance, fourth any remaining proceeds to be retained by LESSEE for the future repair and maintenance of the premises . LESSEE shall make the Insurance Proceeds available for the purposes specified herein. b . When such fire or casualty renders the Leased Premises substantially unsuitable for their intended use, LESSEE may elect to terminate this Lease. LESSEE may terminate this Lease by giving written notice to LESSOR of its intention to do so within thirty (30) days after the date of such damage or destruction. c. If LESSEE fails to notify LESSOR of its intention to terminate the Lease as specified in the immediately preceding paragraph, or if LESSOR fails to restore the Leased Premises to its prior condition within ninety days of said damage, LESSOR may terminate this Lease. 15 . Default and Bankruptcy. a. In the event that: ( 1 ) LESSEE shall default in the payment of any installment of rent or other sum herein specified and such default shall continue for ten ( 10) days after receipt of written notice thereof or (2) LESSEE shall default in the observance or performance of any other of LESSEE's covenants, agreements, or obligations hereunder or of any term, condition or provision or any permit, license or other like approval required for the operation of LESSEE's wireless communication equipment, and such default shall not be corrected within thirty (30) days after written notice thereof, or (3) LESSEE shall be declared bankrupt or insolvent according to law, or if any assignment shall be made of LESSEE's property for the benefit of creditors, then LESSOR shall have the right thereafter to re-enter and take complete possession of the Leased Premises, to declare the term of this Lease ended, and remove LESSEE's effects, without prejudice to any remedies which might be otherwise used for arrears of rent or other default. b. LESSEE shall indemnify LESSOR against all loss of rent for the then current term and other payments which LESSOR may incur by reason of such termination during the remainder of the lease term. If LESSEE shall default, in the observance or performance of any conditions or covenants on LESSEE's part to be observed or performed under or by virtue of any of the provisions in this Lease, then LESSOR, without being under any obligation to do so and without thereby waiving such default, 11 may remedy such default for the account and at the expense of LESSEE. If LESSOR makes any expenditure or incurs any obligations for the payment of money in connection therewith, including but not limited to, reasonable attorney's fees in instituting, prosecuting or defending any action or proceeding, such sums paid or obligations insured, with interest at the rate of eight (8%) percent per annum and costs, shall be paid to LESSOR by LESSEE as additional rent. LESSOR shall give LESSEE 60 days notice before any interest shall be charged. 16 . Termination. a. LESSEE: In the event that (a) any of the certificates, permits, licenses, or other approvals required by any federal state, and local authorities required for LESSEE operation is not issued, cancelled, expires, lapses, or is otherwise withdrawn or terminated by government authority so LESSEE in its sole discretion determines that it will be unable to use the Leased Premises for its intended purposes; or (b) LESSEE reasonably determines that the Leased Premises has become unsuitable for LESSEE's Facility due to subsequent changes in system or network design, then in such event LESSEE shall have the right to terminate this Agreement by written notice. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR by certified mail, return receipt requested, and shall be effective thirty (30) days thereafter. All rent paid to LESSOR as of said effective date of termination, shall be kept by LESSOR and this Agreement shall become null and void and the parties shall have no further obligations, including the payment of money to each other. 17. Surrender. LESSEE shall at the expiration or other termination of this Lease remove all LESSEE's equipment, goods and effects from the Leased Premises, either inside or outside the Leased Premises and all alterations not accepted by LESSOR as permanent in accordance with Paragraph 9(a) above, including, without hereby limiting the generality of the foregoing, all improvements, fixtures and personal property constructed or installed on the Leased Premises by LESSEE, including panels, equipment building, radio, electronic, and/or electric equipment, cables, wire, and coax. LESSEE shall deliver to LESSOR the leased premises and all keys, locks thereto, if any, and other fixtures connected therewith and all allowed permanent alterations and additions made to or upon the Leased Premises, in good condition, damage by fire or other casualty, reasonable wear and tear and damage properly attributable to LESSOR only excepted. In the event of LESSEE's failure to remove any of LESSEE's property from the premises within 60 days of the lease termination, LESSOR is hereby authorized, without liability to LESSEE for loss or damage thereto, and at the sole risk of LESSEE, to remove and store any of the property at LESSEE's expense, or to retain same under LESSOR's control or to sell at public or private sale, without notice, any or all of the property not so removed and to apply the net proceeds of such sale to the payment of any sum due hereunder, or to destroy such property. 18 . Assignment. 12 LESSEE may assign or sublet all or any part of this Lease, and all or any rights, benefits, liabilities and obligations hereunder, to (i) any person or business entity which is a parent or subsidiary of LESSEE, controls or is controlled by or under common control with LESSEE, is merged or consolidated with LESSEE or purchases a majority or controlling interest in the ownership or assets of LESSEE; or (ii) with LESSOR' s consent which shall not be unreasonably withheld or delayed, any person or business entity which is licensed by the FCC to operate a wireless communications business. Upon notification to LESSOR by LESSEE of any such action, LESSEE will be relieved of all future performance, liabilities and obligations under this Lease to the extent of such assignment or sublease. LESSEE may not otherwise assign or sublet this Lease without LESSOR's consent. LESSEE shall provide LESSOR notice of any assignment under this paragraph within thirty (30) days after such assignment is completed and documented. 19. Amendment. No Lease revision shall be valid unless made in writing and signed by a duly authorized agent of LESSEE and LESSOR acting by and through the Board of Public Works. No provision may be waived except in writing signed by Board of Public Works when such waiver is on behalf of LESSOR and a duly authorized signatory of LESSEE. 20. Severability. If any term or condition of this Lease is determined to be held unenforceable, the remaining terms and conditions shall remain binding upon the parties as though said unenforceable provision were not contained herein. 21 . Interpretation. Unless otherwise specified, the following rules of construction and interpretation apply: (a) Captions are for convenient reference only and in no way define or limit the construction of the terms and conditions hereof; (b) use of the tern "including" shall be interpreted to mean "including but not limited to;" use of the terms "termination" or expiration" are interchangeable; use of the terms "will" and "shall" are interchangeable, and mandatory, rather than permissive; (c) except as otherwise expressly stated, whenever a party's approval or consent is required under this Lease, such consent shall not be unreasonably withheld or delayed; (d) reference to a default shall take into consideration any applicable notice, grace and cure periods; and (e) exhibits are an integral part of the Lease. 22 . Governing Law. This Lease and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the Commonwealth of Massachusetts. 23 . Service of Process. LESSEE's agent is authorized to receive Service of Process on behalf of LESSEE, with respect to any matter related to this Agreement and the performance thereof. 24. Notice of Lease. 13 LESSOR agrees to execute a Notice of lease pursuant to G.L. c. 183 , §4, to be prepared by LESSEE, which Notice may be recorded by LESSEE at its expense. 'Immediately upon recording a copy shall be sent to LESSOR. 25 . Notices. All notices must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice) and shall be deemed received as of the earlier of three days after the date of the postmark or actually receipt thereof: LESSOR: Chairman Board of Public Works, 870 Moraine St. Marshfield, MA 02050. LESSEE: LESSOR'S LOCAL AGENT FOR SERVICE OF PROCESS : Town Counsel, Town of Marshfield, 870 Moraine St. Marshfield, MA 02050. LESSEE'S LOCAL AGENT FOR SERVICE OF PROCESS : 26. Entire Agreement. This Agreement contains all the agreements, promises and understanding between LESSOR and LESSEE an no oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE in any disputes, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the parties hereto. 27. Environmental a. LESSOR and LESSEE agree that each will be responsible for compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene condition or other matters as many now or at any time hereafter be in effect, that are now or were related to that party's activity conducted in or on the Property. b. LESSEE will be responsible for compliance with all Hazardous Materials Laws (including for any required clean-up) pertaining to the operation of LESSEE's Antenna Facility on the Property and LESSEE will indemnify and hold harmless LESSOR from and against any and all direct liabilities, damages, losses, costs, assessments, penalties, fines, expenses and fees. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respected seals this day. LESSOR: 14 LESSEE: WITNESS : BY: 15 Wireless Service Facilities and the Law Federal Law The Telecommunications Act of 1996 ("the Act" ) governs federal, state and local government oversight of the siting of personal wireless service facilities such as cell phone towers. See 47 U .S.C.A. § 332 (7). While the Act preserves local zoning authority, it also states when the exercise of that authority may be preempted by federal law. Specifically, the Act: • Limits any action discriminating between different types of personal wireless services providers, such as cellular, wide-area SMR and broadband PCS. 47 U .S. C.A. § 332 (7) ( 13) (i) ( 1 ). • Limits any action that would prohibit or have the effect of prohibiting the construction, modification or placement of these kinds of facilities in a particular area . 47 U .S. C.A. § 332 (7)( 13)(i)( 11). The Act also : • Requires a state or local government to respond to a request for authorization to place, construct, or modify personal wireless service facilities within a reasonable period of time after the request is duly filed, taking into account the nature and scope of such request. • Requires any decision denying such a request to be in writing and supported by substantial evidence contained in a written record . • Prohibits a state or local government from regulating the placement, construction and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions. The Act provides a person who is adversely affected by any final action or failure to act by a state or local government with review by a court, if filed within 30 days after such action or the failure to act, and with review by a court or the Federal Communications Commission if the decision was based on the environmental effects of radio frequency emissions. Case Law The principle legal issue in many court cases regarding the Telecommunications Act of 1996 and local zoning board authorities (ZBA) is not the legality of a particular bylaw, but whether the decision of a ZBA to deny or approve an application for a wireless services facility was legal . Furthermore, much of the case law involves the second provision of the Act. Prohibiting or effectively prohibiting personal wireless service facilities A locality does not need to outright ban wireless service facilities for a court to find its action unlawful; instead, a locality's action that effectively bans such facilities will also be found unlawful . The First Circuit Court of Appeals has found two situations in which a locality's action effectively prohibits the construction, modification or placement of personal wireless service facilities within an area . The first is when a local authority "sets or administers criteria which are impossible for any applicant to meet" and, the second, when an applicant's "existing application is the only feasible plan" to locate a wireless service facility within the jurisdiction and the ZBA denies that application. To have a ZBA decision overturned, a plaintiff would have to prove the following: first, that the locality's zoning decision and bylaws prevents the closing of significant gaps in the availability of wireless service and, second, that not only has it application been rejected but that "further reasonable efforts are likely to be fruitless so that it is a waste of time even to try." The Telecommunications Act of 1996 only sets a threshold on a locality's zoning authority. For example, in Cellco Partnership d/b/a Verizon Wireless v. Town of Grafton, 336 F.Supp . 2d 71 (2004), defendant Town of Grafton denied plaintiff Cellco a special permit to place a wireless service facility in a low- density residential district. The relevant zoning bylaw contained several provisions on the siting of such facilities including, but not limited to, the following: preference based on the zoning district in which the facility would be placed, a requirement that the applicant prove it had sought other locations, setback requirements, design requirements, a minimum visual impact requirement and landscaping requirements. The town denied Cellco's application for several reasons, including the failure to meet setback requirements, to provide a good faith effort to utilize existing facilities and to demonstrate that the facility would have a minimal visual impact. The court upheld the town's denial based on Cellco's failure to investigate several other feasible locations and, therefore, to prove that its application was the only feasible plan . The Grafton bylaw itself was never challenged nor did the court comment on its legality. A review of current case law revealed similar cases in which a locality imposed setback requirements, limited the height of a facility or limited its location to specific zoning districts. The principle legal issue of those cases was whether the ZBA's decision effectively prohibited wireless service facilities or whether it was supported by sufficient evidence. Thus, the case law would suggest that a municipality has broad authority in drafting bylaws related to wireless services facilities up to, of course, the threshold established by the Telecommunications Act of 1996 . Massachusetts law The Massachusetts Attorney General (AG) Municipal Law Division is charged with reviewing and approving municipal bylaws. The AG does not review these bylaws for consistency with federal law; the office only reviews bylaws for consistency with state law. Although federal limitations are important to consider when drafting or amending a bylaw related to wireless services facilities, a municipality should also keep in mind that AG approval is necessary to post and publish a bylaw. The following are examples of some zoning bylaws related to personal wireless service facilities that have been reviewed by the AG . These can be found on the AG website, at: htti) ://www. mass.¢ov/?oai�e I D=caRote rm ina I& L=4& LO= Home& L1=Govern ment& L2= M u n ici oa I+Law+ U ni t&L3=Municipal+Law+Cases&sid=Caao&b=terminalcontent&f=izovernment selected tooic&csid=Caen. Preferential Treatment based on Ownership There are relevant cases posted on the AG website which focus on telecommunications facilities and the preferential treatment of land based on ownership . In Case #2358 (Town of Adams, 2002) and Case #1841 (Town of Windsor, 2002), both of the bylaws in question ranked siting criteria in order of preference and including language stating that "municipal lands, which comply with other requirements of this section and where visual impact can be minimized and mitigated" are sites less preferred than others. The AG disapproved both bylaws on the basis that they gave preferential treatment to property solely on the basis of ownership rather than on the physical or neighborhood characteristics of the property. Citing Massachusetts General Law Chapter 40A, Section 4, the AG states: "any zoning ordinance or by-law which divides cities and towns into districts shall be uniform within the district for each class or kind or structures or uses permitted ." Thus, all parcels within a zoning district must be treated uniformly. However, in Case #2517 (Town of Brewster, 2003) the AG's decision appears to approve of a Personal Wireless Services and Communications Facilities Overlay District comprised entirely of all parcels owned by the Town of Brewster. The basis of the AG's disapproval is the provision in the proposed bylaw that would add "any future property acquisitions" by the municipality to the proposed Personal Wireless Services and Communications Facilities Overlay District. The AG determined that a district's boundaries cannot be changed without adoption of an amendment to the zoning bylaw, as per M .G . L. c. 40A, § 3; therefore, the bylaw was not approved . The AG made no determination on the validity of creating an overlay district comprised entirely of municipal land . It is important to note that the Massachusetts Attorney General Municipal Law Divisions reviews municipal bylaws on a case-by-case basis. Even if the office were to approve one municipality's bylaw, there is no guarantee that another municipality's bylaw containing the same language would be approved . WHO I Electromagnetic fields and public health Page 1 of 4 World Health Organization Media centre Electromagnetic fields and public health Share Print Base stations and wireless technologies Fact sheet N°304 May 2006 Mobile telephony is now commonplace around the world. This wireless technology relies upon an extensive network of fixed antennas, or base stations, relaying information with radiofrequency(RF) signals. Over 1.4 million base stations exist worldwide and the number is increasing significantly with the introduction of third generation technology. Other wireless networks that allow high-speed internet access and services, such as wireless local area networks (WLANs), are also increasingly common in homes, offices, and many public areas (airports, schools, residential and urban areas). As the number of base stations and local wireless networks increases, so does the RF exposure of the population. Recent surveys have shown that the RF exposures from base stations range from 0.002%to 2% of the levels of international exposure guidelines, depending on a variety of factors such as the proximity to the antenna and the surrounding environment. This is lower or comparable to RF exposures from radio or television broadcast transmitters. There has been concern about possible health consequences from exposure to the RF fields produced by wireless technologies. This fact sheet reviews the scientific evidence on the health effects from continuous low-level human exposure to base stations and other local wireless networks. Health concerns A common concern about base station and local wireless network antennas relates to the possible long-term health effects that whole-body exposure to the RF signals may have. To date, the only health effect from RF fields identified in scientific reviews has been related to an increase in body temperature (> 1 °C)from exposure at very high field intensity found only in certain industrial facilities, such as RF heaters. The levels of RF exposure from base stations and wireless networks are so low that the temperature increases are insignificant and do not affect human health. http://www.who.int/mediacentre/factsheets/fs304/en/index.html 8/3/2011 WHO I Electromagnetic fields and public health Page 2 of 4 The strength of RF fields is greatest at its source, and diminishes quickly with distance. Access near base station antennas is restricted where RF signals may exceed international exposure limits. Recent surveys have indicated that RF exposures from base stations and wireless technologies in publicly accessible areas (including schools and hospitals)are normally thousands of times below international standards. In fact, due to their lower frequency, at similar RF exposure levels, the body absorbs up to five times more of the signal from FM radio and television than from base stations. This is because the frequencies used in FM radio (around 100 MHz)and in TV broadcasting (around 300 to 400 MHz)are lower than those employed in mobile telephony(900 MHz and 1800 MHz) and because a person's height makes the body an efficient receiving antenna. Further, radio and television broadcast stations have been in operation for the past 50 or more years without any adverse health consequence being established. While most radio technologies have used analog signals, modern wireless telecommunications are using digital transmissions. Detailed reviews conducted so far have not revealed any hazard specific to different RF modulations. Cancer: Media or anecdotal reports of cancer clusters around mobile phone base stations have heightened public concern. It should be noted that geographically, cancers are unevenly distributed among any population. Given the widespread presence of base stations in the environment, it is expected that possible cancer clusters will occur near base stations merely by chance. Moreover, the reported cancers in these clusters are often a collection of different types of cancer with no common characteristics and hence unlikely to have a common cause. Scientific evidence on the distribution of cancer in the population can be obtained through carefully planned and executed epidemiological studies. Over the past 15 years, studies examining a potential relationship between RF transmitters and cancer have been published. These studies have not provided evidence that RF exposure from the transmitters increases the risk of cancer. Likewise, long-term animal studies have not established an increased risk of cancer from exposure to RF fields, even at levels that are much higher than produced by base stations and wireless networks. Other effects: Few studies have investigated general health effects in individuals exposed to RF fields from base stations. This is because of the difficulty in distinguishing possible health effects from the very low signals emitted by base stations from other higher strength RF signals in the environment. Most studies have focused on the RF exposures of mobile phone users. Human and animal studies examining brain wave patterns, cognition and behaviour after exposure to RF fields, such as those generated by mobile phones, have not identified adverse effects. RF exposures used in these studies were about 1000 times higher than those associated with general public exposure from base stations or wireless http://www.who.int/mediacentre/factsheets/fs304/en/index.html 8/3/2011 WHO I Electromagnetic fields and public health Page 3 of 4 networks. No consistent evidence of altered sleep or cardiovascular function has been reported. Some individuals have reported that they experience non-specific symptoms upon exposure to RF fields emitted from base stations and other EMF devices. As recognized in a recent WHO fact sheet"Electromagnetic Hypersensitivity", EMF has not been shown to cause such symptoms. Nonetheless, it is important to recognize the plight of people suffering from these symptoms. From all evidence accumulated so far, no adverse short-or long-term health effects have been shown to occur from the RF signals produced by base stations. Since wireless networks produce generally lower RF signals than base stations, no adverse health effects are expected from exposure to them. Protection standards International exposure guidelines have been developed to provide protection against established effects from RF fields by the International Commission on Non-Ionizing Radiation Protection (ICNIRP, 1998)and the Institute of Electrical and Electronic Engineers (IEEE, 2005). National authorities should adopt international standards to protect their citizens against adverse levels of RF fields. They should restrict access to areas where exposure limits may be exceeded. Public perception of risk Some people perceive risks from RF exposure as likely and even possibly severe. Several reasons for public fear include media announcements of new and unconfirmed scientific studies, leading to a feeling of uncertainty and a perception that there may be unknown or undiscovered hazards. Other factors are aesthetic concerns and a feeling of a lack of control or input to the process of determining the location of new base stations. Experience shows that education programmes as well as effective communications and involvement of the public and other stakeholders at appropriate stages of the decision process before installing RF sources can enhance public confidence and acceptability. Conclusions Considering the very low exposure levels and research results collected to date, there is no convincing scientific evidence that the weak RF signals from base stations and wireless networks cause adverse health effects. WHO Initiatives WHO, through the International EMF Project, has established a programme to monitor the EMF scientific literature, to evaluate the health effects from exposure to EMF in the range from 0 to 300 GHz, to provide advice about possible EMF hazards and to identify suitable mitigation measures. http://www.who.int/mediacentre/factsheets/fs304/en/index.html 8/3/2011 WHO I Electromagnetic fields and public health Page 4 of 4 Following extensive international reviews, the International EMF Project has promoted research to fill gaps in knowledge. In response national governments and research institutes have funded over$250 million on EMF research over the past 10 years. While no health effects are expected from exposure to RF fields from base stations and wireless networks, research is still being promoted by WHO to determine whether there are any health consequences from the higher RF exposures from mobile phones. The International Agency for Research on Cancer(IARC), a WHO specialized agency, is expected to conduct a review of cancer risk from RF fields in 2006-2007 and the International EMF Project will then undertake an overall health risk assessment for RF fields in 2007-2008. Further Reading ICNIRP (1998)www.icnirp.org/documents/emfgdl.pdf IEEE (2006) IEEE C95.1-2005 "IEEE Standard for Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz" Related links Base stations &wireless networks: Exposures & health consequences Fact sheet: Electromagnetic fields and public health: Electromagnetic Hypersensitivity WHO handbook on "Establishing a Dialogue on Risks from Electromagnetic Fields" 2006 WHO Research Agenda for Radio Frequency Fields pdf, 100kb For more information contact: WHO Media centre Telephone: +41 22 791 2222 E-mail: mediainquiries@who.int http://www.who.int/mediacentre/factsheets/fs304/en/index.html 8/3/2011