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Attorney for Wireless Edge says local lease transfer chilled competition; Symphony Towers rebuts
Summary
An attorney for Wireless Edge told the board a competing offer for a Harbor Island Park cell-tower lease exceeded the current bid by about $325,000 and alleged improper lease-transfer procedures and threatening calls; Symphony Towers disputed those characterizations and the board placed the item on hold for more information.
Robert Gordioso, counsel for Wireless Edge, told the Board of Trustees that Wireless Edge principal John Arthur submitted a competing offer on April 23 for the Harbor Island Park tower lease that was approximately $325,000 higher than the proposal before the board. Gordioso said Arthur has 27 years of local tower experience and asserted the village transferred a Fenimore Road lease without Arthur’s knowledge, citing a deputy village manager’s unsigned letter of intent that, in Gordioso’s view, was not binding. He said threatening phone calls from Symphony Tower representatives followed the competing offer and that those calls "chilled the competition." Gordioso asked the board to conduct a thorough review.
A Symphony Towers representative (S13) disputed the account, called allegations of threatening calls "puffery," and said Symphony had a ready-to-close offer and had performed diligence. The representative also questioned Wireless Edge's ability to commit to nonowned site improvements, noting a flagpole at Harbor Island is owned by American Tower.
After public comment, the board elected to remove item 4f from the consent agenda and hold it for further staff review; trustees said their village attorney and staff will gather more information and that the matter will likely return to a future agenda (trustees discussed May as a likely timeframe). No final action on the lease or easement was taken that evening.
What happens next: The board pulled item 4f for additional review; trustees said staff and the village attorney will return with more information, and the item may appear on the May agenda. The board did not vote on or approve a lease transfer at this meeting.
