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Monday, September 7, 2015

Would Thornton Put a Cell Tower on a Bethesda High School Roof?

Cell tower on roof of Baltimore City school.
Baltimore City Superintendent Gregory Thornton used to work for MCPS and back in 2011 his was one of the names being circulated to replace Superintendent Jerry Weast.
  
Thornton is currently the superintendent of the Baltimore City Public Schools and busy putting cell towers on the roofs of public school buildings.
  
If Thornton had become the MCPS superintendent in 2011, or becomes the superintendent in the future, will he be putting a cell tower on Whitman High School's roof?  

OPEN LETTER TO Superintendent Gregory Thornton and the Baltimore City Board of Education regarding his plan to put a cell tower on the roof of another public high school in Maryland:

Honorable Members of the Baltimore City Public Schools Board and CEO Gregory Thornton,

Please DENY the request before you today, which asks your approval for Wireless Communication Lease Agreement with Cellco Partnership d/b/a Verizon Wireless for the City School site known as Digital Harbor High School #416 (1100 Covington Street, 21230). The action requested would not be consistent with your trust obligations under Section 4-114 of the Maryland Education Article, and would therefore be illegal.

If you doubt our warnings, then please table the matter to seek the Maryland Attorney General’s opinion. Consistent with several previously issued Maryland Attorney General’s opinions and advisories, we are confident that you will receive guidance that your entering into the Cellco/Verizon lease agreement would be illegal.

Maryland Coalition to Halt Cell Towers at Schools 
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For background on Digital Harbor High School, take a look at the Maryland Report Card information.  Digital Harbor High School is a Strand 4 school in Maryland (Strand 1 is the top of the strand rating scale, Strand 4 is not good news).  Scroll down for more information on Digital Harbor High School.


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From the Baltimore City Public Schools Board Agenda for Tuesday, September 8, 2015:

Meeting
Sep 08, 2015 - Public Board Meeting
Category
PROCUREMENT - CHIEF OPERATING OFFICER
Subject
Cellco Partnership - Verizon Wireless Telecommunication Lease Agreement - The Chief Operating Officer requests the Board’s approval of a Wireless Communication Lease Agreement with Cellco Partnership d/b/a Verizon Wireless for the City School site known as Digital Harbor High School #416, located at 1100 Covington Street, 21230.
Type
Action


Cellco Partnership - Verizon Wireless
Telecommunication Lease Agreement

Request of the Board

The Chief Operating Officer requests the Board’s approval of a Wireless Communication Lease Agreement with Cellco Partnership d/b/a Verizon Wireless for the City School site known as Digital Harbor High School #416, located at 1100 Covington Street, 21230.

This Lease provides for Verizon Wireless to operate 12 wireless communication antenna panels and associated equipment on the rooftop of Digital Harbor High School, to accommodate increased wireless voice and data demand for those residents living in the Harbor East, Federal Hill and Key Highway sections of Baltimore City. 

Annual rent for the first year will be $35,138.40, with annual increases of 4% thereafter throughout the original and renewal terms.

Community notifications in support of this proposed lease were submitted to the following neighborhood groups: Federal Hill Neighborhood Association, Key Highway Community Association, Riverside Neighborhood Association, the Federal Hill South Neighborhood Association and Friends of Federal Hill Park, without any negative feedback received from any community group.

The Baltimore City Board of Municipal & Zoning Appeals, after providing public notice, reviewing the zoning records and holding a public hearing on February 11, 2014, by unanimous consent of the Board of Municipal and Zoning Appeals, approved Verizon’s request to install a new telecommunications facility consisting of 12 antennas and equipment on the rooftop of Digital Harbor High School.  The Resolution of approval was granted on February 24th, 2014.

FCC compliance testing for RF Frequency Exposure has also taken place and the Pre-Installation Assessment shows that the equipment is compliant with FCC and OSHA standards and regulations.

Feedback from the school Principal was also requested, with no negative feedback coming from the Principal of Digital Harbor High School.  

Selection Methodology
Contract Types:          Wireless Communication Lease Agreement
Contract Term:            5 years, commencing upon School Board approval                         
Renewal Term:            3 renewal periods of five (5) years each       
Vendor & Amount:       Cellco Partnership (d/b/a Verizon Wireless)
Funding Source:         N/A
Solicitation Process:   N/A
MBE/ WBE Results:   N/A


Evidence of Effectiveness

Approval of this Lease Agreement will provide for increased wireless coverage to accommodate increased digital demand for those residents [Editor note: NOT FOR BENEFIT OF STUDENTS!] living in the areas of Harbor East, Federal Hill and Key Highway.  Baltimore City Schools benefits from the additional lease revenue that it receives from Verizon Wireless throughout the term of the lease

 Author: Paul Turner

4 comments:

  1. can you please explain how it would be illegal? What are the trust obligations you are referring to?

    ReplyDelete
    Replies
    1. Of course. Parents in Anne Arundel County have appealed the decision of their Board of Education to put a cell tower on a public school playground. The matter went before a judge and his proposed Order explains why these construction projects violate the Maryland Education Article.

      http://parentscoalitionmc.blogspot.com/2015/08/breaking-4-cell-towers-going-up-today.html

      Delete
  2. Does this mean that cell towers on ALL Maryland schools in all counties are illegal? Prince George's County and MCPS?

    ReplyDelete
  3. Simply put, yes! The parents that appealed the AACPS-BOE decision to lease public school property provided Maryland Attorney General Opinions. These Opinions advised that commercial leases of public school land, such as these, that do not provide direct benefits other than financial to the school or school system are illegal. An additional AG's advisory that says that unless the particular school itself would be the primary recipient of the commercial services, then the commercial lease for the use of that school's land would be a violation of the trust obligations under the Education Act, and it would therefore be illegal.

    ReplyDelete

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