Board authorizes manager to negotiate cell‑tower lease at Sowers Ferry Road

The Spencer Town Board voted to authorize the town manager to negotiate and execute a contract for a cell tower to be located on Town Public Works property at Sowers (Stowers)/Sowers Ferry Road.

Mr. Blunt presented the proposal and said the company initially sought a 40‑year lease, which would have triggered state statutory procedures treating the transaction like a sale and requiring an upset‑bid process. Negotiations produced a 25‑year lease term, which Mr. Blunt said avoids the upset‑bid threshold. The developer requested an option period for due diligence; Mr. Blunt said the agreed option fee was $1,000 for up to an 18‑month option period, though the team expects the process to be shorter. The negotiated rent is $1,200 per month (about $14,000 per year) with a 3% escalation clause after the first term.

Board members asked whether confidentiality provisions in the draft agreement would bar public discussion of terms; Mr. Blunt said his legal view was that discussing terms publicly did not breach the confidentiality clause and that an executed agreement is required before the town would be bound by any nondisclosure restrictions. He also said the company would handle site construction—including building a gravel access road—and that the town would follow its standard rezoning and tower‑site review process that includes neighborhood outreach.

Public commenter Bob Bish had urged the town to negotiate additional revenue‑sharing tied to carrier subleases; Mr. Blunt said the town and its attorney had considered that but concluded tracking sublease revenue would be cumbersome and the town instead negotiated a higher fixed rent. The motion to authorize the manager to negotiate and execute the contract passed unanimously.

Next steps described by staff include initiating the contract and taking subsequent zoning and site‑location steps, with public notice and neighborhood meetings as part of those processes.