Lakewood Board of Supervisors Meeting
Special Meeting on August 16, 2006
Call to Order: Chair Diane Larson called the Special Meeting of the Lakewood Board of Supervisors to order at 8:55 p.m. on 8-16-2006 at the Lakewood Town Hall.
Present: Supervisors Diane Larson, Tim Musick and Chuck Campbell. Also present: Zoning Administrator Brennan Mears, Clerk Gene Bromenshenkel and general public (register attached).
Purpose of the Meeting: Chair Larson outlined the purpose of the Special Meeting; to review the clarification on the condition of the conditional use permit granted to Highway Expressway 61 LLC for construction of a telecommunications tower. The Commission developed a clarification to a condition which requested legal advice from the Town’s Attorney regarding the potential liability of the township in event the use of the Tower went in default. Larson indicated that the Board of Supervisors has a responsibility of protection and safety of the people of the township and to protect the township of potential liability. The Board reviewed the recommendations of the Town Attorney, Tim Strom, made to the Planning and Zoning Commission in their clarification of the language of the established condition.
Supervisor Musick expressed a concern that no financial obligation requirement was included in the Commission’s clarification of the condition.
Supervisor Campbell said he expected a different outcome in terms of the Planning and Zoning Commission’s conditions and requirements of the property owners in removal of the tower in event of default of use.
Bob Wolfe: has a question regarding the Attorney’s writing of the contractual agreement established in the Commission’s condition. Can the Attorney still write in other factors such as a credit requirement? The Board indicated that the condition as established by the Condition must stand.
Chair Larson read a letter from the Town’s Attorney, Tim Strom regarding the 30-day appeal period. Strom indicated the appeal period begins at the time the Conditional Use permit paper work is filed.
The Board discussed a date for a special Board Meeting to review the Commission’s request for the Attorney to draw up a contractual agreement between the Town and Highway Expressway 61 LLC on the telecommunications tower conditional use permit.
Motion by Larson to set a special board meeting to review the contractual agreement on the telecommunications tower conditional use permit for August 23, 2006 at 7:00 p.m. at the Town Hall. Second by Musick. Motion Carried.
Motion by Musick to adjourn the Special Board Meeting at 9:26 p.m. Second by Campbell. Motion Carried.
Respectfully Submitted;
Gene Bromenshenkel
Town of Lakewood Clerk