Cable & Telecommunications Commission

MEETING MINUTES CABLE AND TELECOMMUNICATIONS COMMISSION July 18, 2017 The Cable and Telecommunications Commission met in the Community Conference Room of the Village Hall at 7:00 p.m. on Tuesday, July 18, 2017. In attendance were: Present: Steven Robinson, Chair John Chaput Neil Charak Greg Lapin Andrew Richter Absent: Alan Barasky John Sanner Adam Simon Ken Urbaszewski Also Present: Andrew Lichterman, Assistant Village Manager Introductions Chairman Robinson welcomed new Commissioner Andrew Richter. Mr. Richter reported that he graduated from Deerfield High School in 1998, went to college in St. Louis and has now moved back to Deerfield and started his own family. He is a professional appraiser and works out of offices on Lake Cook Road. Minutes A motion to approve the minutes from the May 30, 2017 meeting was made by Commissioner Lapin and seconded by Commissioner Chaput. The motion passed unanimously and the minutes were approved as amended. Public Comment There was no one present for public comment. AT&T Lease Negotiation Discussion Chairman Robinson summarized past negotiation discussions and reported that a counter proposal was sent to AT&T. The counter proposal noted that the Commission would not entertain lease negotiations unless AT&T agreed to a 10-year term commencing December 22, 2019 with annual CPI rent increases. The Village stated that only after those terms were agreed to would we begin discussing the economics of a new lease agreement. Chairman Robinson reported that AT&T has since agreed to the Village’s terms and after some further negotiation AT&T is offering an initial rent of $38,000 with a 3% annual escalator. Mr. Lichterman noted that AT&T is currently on the monopole at the height of 87 feet, which is the lowest location on the monopole. Page 1 of 2 Cable and Telecommunications Commission July 18, 2017 Commissioner Lapin noted that proposed Senate Bill 1451 is a concern as it limits municipalities’ ability to regulate small cell sites including restrictions on permit fees. Commissioner Lapin also expressed concern with paragraph 6 regarding Emergency 911 Service. He inquired if this paragraph would allow AT&T to install back batteries or generators and perhaps expand their footprint without paying additional rent to the Village. He noted the language may be too broad and he would prefer mandating a backup battery as that would be less impactful than a generator. Commissioner Chaput noted that he also has concerns with the language in paragraph 6 if it allows the carrier to expand without paying additional rent. Chairman Robinson suggested asking the attorney to review the paragraph to determine if the language is too broad. Commissioner Richter expressed concern with paragraph 9 regarding Rental Stream Offer. He wants to ensure that the right to first refusal noted in paragraph 9 does not contradict with other leases currently in place. The Commission members discussed the concept of a one-time signing bonus to cover the attorney fees related to these lease negotiations. Motion Commissioner Charak made a motion to accept the economic terms with the addition of a one- time signing bonus to cover attorney fees. Commissioner Richter seconded the motion. Discussion Chariman Robinson confirmed that the intent is for the Village Attorney to also review and clarify paragraphs 6 and 9 as well. The Commission agreed that this is the intent and that if after the attorney reviews the language the Chairman agrees with the direction of the attorney then there is no need to reconvene a meeting. Roll Call Ayes: Robinson, Chaput, Charak, Lapin, Richter Nays: None The motion was approved unanimously. Adjournment Commissioner Charak made a motion to adjourn. The motion was seconded by Commissioner Lapin. The motion was unanimously approved. The meeting was adjourned at 8:04 PM. Respectfully submitted, Andrew S. Lichterman Assistant Village Manager Page 2 of 2