Contract for cell tower on golf course voided
RIDGEFIELD — Town officials appear to have found a way out of a contract that would have paved the way for a controversial cell tower to be built on a municipalowned golf course
Ridgefield’s attorneys have decided to void a lease agreement the town signed last month to build a 100-foot tower on the golf course because they said the town didn’t properly notify residents of the special town meeting where the cell tower was discussed. Therefore, they said the contract can’t go forward.
“We are back to square one,” said Ridgefield First Selectperson Rudy Marconi, in regard to determining the best location for a cell tower to be built on or around the townowned golf course, at 545 Ridgebury Road.
However, on Tuesday, Ray Vergati, regional manager of Homeland Towers in Danbury, declined to say to Hearst Connecticut Media if its contract with the town has been voided on his end.
“The only thing I’ll say is we’re reviewing the letter right now,” he said. “We’re going to review it and understand what may be best for Homeland and for the town and we’ll go from there.”
On Nov. 28, Marconi sent a letter to residents who live around the golf course. The letter, which was obtained by Hearst Connecticut Media, said the town’s attorney, Cohen & Wolf in Danbury, “found that proper notification (of a special town meeting) was not given” prior to the Oct. 11 meeting when the cell tower topic was discussed.
As a result, the town can’t proceed with the agreement and is formally rescinding Marconi’s signature on it, according to the letter.
In response to Marconi’s letter, Kate Loewengart, one of the residents living near the golf course who was opposed to the cell tower being so close to homes, said she’s pleased.
“As a community, we are grateful the town listened to residents, recognized the flaws in this process and acted swiftly to find resolution. This was not the proper site for a tower for many reasons — but most importantly, our leaders held themselves accountable, which is a win for all,” she said.
She continued: “Already, we see a positive shift in how the town is using text and email alerts and other forms of communication beyond the printed paper to keep residents informed, so everyone can be a true part of the process before a decision comes to a vote.”
‘Technically, we were in error’
Voters unanimously approved the 30-year lease agreement in mid-October with Homeland Towers for a 100-foot cell tower to be built on the golf course. At that meeting, Marconi said there’s little- to no cell service on the golf course and said that may have delayed the response time in getting help for several golfers who have experienced medical emergencies, including a heart attack.
However, within days of the meeting where the agreement was approved, town officials faced backlash from many residents who were opposed to a cell tower. They said they are concerned about the proposed tower’s potential negative effects on their health and property values.
Some residents also said they were never properly informed or consulted about the project, which would have still needed further state approvals.
While the published notice of the meeting indicated that additional information could be found on the town website, neither the agreement nor other information about the meeting were posted there, Marconi said.
“In the public notice in the (Ridgefield Press), it said, ‘Refer to Ridgefiedct.gov for a copy of the lease,’” Marconi said. However, he said the town never posted the notice specifically to reference the upcoming special town meeting.
“We didn’t do it as we should have done. …So technically, we were in error,” he said. Additionally, he said when the town posted notice of a special town meeting on Oct. 11, the town wrote “Homeland Cell Tower Lease Agreement.”
“It didn’t say (the notice is) for cell tower at the golf course. It didn’t give any more detail,” Marconi said.
Marconi’s Nov. 28 letter to residents included a letter that Cohen & Wolf attorney Jason Buchsbaum sent to Vergati, which said town attorneys determined the agreement was “null” and “void” because the town didn’t properly notify residents of the special town meeting.
Additionally, the letter said the town would return the $5,000 fee that Homeland Towers already paid as part of the contract.
“To the extent necessary, the Town hereby rescinds Mr, Marconi’s signature on the Option Agreement,” the letter stated. “[T]he Town is interested in pursuing further discussions… concerning a potential lease agreement, but will not proceed with the Option Agreement given the present circumstances”