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Council authorizes staff to pursue outside legal review for wireless‑communications ordinance after heated debate (5–2)
Summary
After extended debate about federal preemption and litigation risk, the council voted 5–2 to direct staff to pursue outside counsel to review and help draft revisions to the town's wireless‑communications (small‑cell) ordinances and to authorize initial spending (up to an indicated amount) to obtain legal services.
The council considered a multi‑year effort to update the town’s wireless‑communications tower and antenna ordinances and to add more enforceable local standards where federal law allows.
Council member Watts summarized vendor outreach and recommended several specialized firms; he said those firms can complete a technical and legal review in roughly 30–45 days. Watts argued the town should act now to strengthen local standards and then amend them later if federal rules change. He said he’d identified top firms (including a proposal expected from an organization associated with Scott McCullough and others) and urged council to authorize staff to retain counsel quickly.
Councilwoman McMahon, Councilwoman Calvia (variously named in the record), and other members expressed concern about federal preemption and a potential lawsuit from carriers. McMahon said the FCC’s authority over RF emissions and federal telecommunication rules limits what local governments can lawfully require and warned against spending money if federal rules will retroactively preempt local action. Another council member pointed to letters from AT&T warning that certain local actions would result in litigation.
Public commenters were divided: some urged hiring experts to finish multi‑year work and avoid indefinite delay; others warned of potential legal and cost exposure.
On a motion and roll call, the council authorized staff to continue the process of obtaining outside counsel and indicated authorization for initial spending (motion recorded and approved 5–2). The record shows council debate about timing, possible preemption and whether existing moratoria or regulations could be targeted by carriers. The town attorney and selected outside counsel will review legal constraints and draft ordinance language for future council consideration.
What’s next: staff will receive proposals, coordinate with the town attorney, and return with recommended contract terms and recommended ordinance language; council retains final approval authority over any draft ordinance.
