Burns Harbor council rejects proposed Amendment Four to cell-tower lease

The Burns Harbor Town Council voted March 11 to reject a proposed fourth amendment to the town's cell-tower lease, leaving the current lease and its 3% annual escalation in place.

Council members and the town attorney described months of back-and-forth negotiations with the tower operator over several issues, including a proposed reduction to a 2% annual escalation in exchange for additional rented space and language governing the town's fiber line and permitting rights. The operator proposed alternative power-of-attorney and sublease language that town counsel said would have reduced the council's oversight.

"They'd like the 2% annual escalation fee, which is a reduction ... because of the additional 625 square ft," the council packet summary said; town counsel and staff recommended keeping the town's existing language to protect the fiber and permit oversight. After discussion, a council member moved to reject the amendment. The motion to "reject proposed amendment four" was seconded and carried on a roll-call vote in which every council member recorded "yes."

Councilman Bardi, who spoke during the discussion, said he expected the issue to return to the table but emphasized the revenue potential: "I do expect though that this is going to come back because ... the additional square feet could definitely be a benefit in terms of revenue for us." The council's vote rejects the operator's current proposal but leaves the door open to renewed negotiations.

The council did not modify the existing lease as part of the motion. Town staff and counsel said they will continue discussions with the operator and may return with a different amendment or additional protections in a future meeting.