Not without opposition, the Brookhaven Board of Aldermen on Tuesday approved the installation of a new cell tower in a wooded area near North First Street, in Ward 1.

The proposed AT&T tower has been in the works for months, and received approval from the Planning and Zoning Commission. The Board discussed the matter in executive sessions on a few occasions, and Ward 1 Alderman James Magee Jr. expressed his concerns over the project.

This week, AT&T attorney Sterling Kidd and engineer Rob Haddaway asked the Board to go ahead with approval for the tower.

“It complies with zoning requirements, is deep in the woods and not close to citizens,” Kidd said.

“This is a capacity site,” Haddaway explained. “It will provide better flow … for cell customers. And we won’t have to worry about blocking in the future.”

The Board’s vote came on the heels of Magee’s restated objections.

“I know I talked to you guys, the Board, about my concerns and issues about this over a few month’s time, and I’ve still got concerns,” said Magee, then read from a prepared statement. “Communication towers are a fact of our lives now. However, I am opposed to the placement of this particular tower. This tower will be placed near homes in my ward. I have raised concerns on this issue and discussed this matter in-depth with legal counsel.”

The alderman then proposed the creation of a new ordinance, to replace existing ordinance 146-1997, that would tighten regulations on future cell tower placement, including removing approval of such from the Planning and Zoning Commission and placing it fully within the hands of the Board of Aldermen.

Board attorney Bobby Moak answered questions from other board members as to how that new ordinance, if approved immediately, would affect the proposed AT&T tower. Moak said if the new ordinance was approved prior to the AT&T tower vote, and that tower then blocked, there would be “ex post facto” issues — it would at the least appear that the ordinance was created for the purpose of blocking this proposed project.

“Are we opening ourselves to litigation (in so doing)?” asked Ward 4 Alderman Jeff Henning.

“I cannot speak for AT&T,” Moak said, but Kidd answered silently by nodding.

With a motion and second from Alderman-at-large Don Underwood and Ward 4 Alderman Jeff Henning, the Board voted 4-3 to approve the tower’s construction.

Magee then made a motion to replace the ordinance. The Board approved unanimously.

 

In other business, the Board:

• Awarded the off-road diesel bid to James Case Oil at $2.69.99
• Received the Fire Department report showing 23 runs in the city for February and one outside city limits.
• Approved the appointment of Robin Tyler Faust as City Election Commissioner.
• Approved the lower quote of $8,215 from Smith Enterprises LLC for the purchase of a 16-foot trailer for the Street Department. The other quote was $10,529 from Farmbelt Equipment.
• Approved one-year salary increases for three employees — Solid Waste Department Operator Gabriel Magee, to $11.55 hourly; Street Department Operator Torra Hill, to $16 hourly; and Street Department Laborer Octavious Collins, to $11.55 per hour.