Politics & Government
City Faces $20.7M Claim in Connection with Verizon Cell Tower Proposal
A group of Brookfield residents living near the proposed location for the Verizon cellular tower have filed a claim against the city; the city officials call the move premature.
A group of Brookfield residents has filed a $20,750,000 claim against the city in connection with a proposal to build a Verizon cell tower that would be located 120 feet from the homes and only a few steps from residents' backyards.
The claim comes as nearby residents feel their opposition to the proposal and concerns for safety will not deter officials from approving the proposal; city officials call the claim "premature," because final action on the project is pending a completed application from Verizon. The tower is proposed to be built adjacent to a water tower at 19295 W. North Avenue, which runs shoulder to shoulder with yards and homes in a residential neighborhood along Alta Vista Circle and Alta Vista Drive.
"We're primarily concerned about the safety issues involved, this is a very unusual scenario for Verizon — I don’t think you're going to find a situation like this (in other communities) where their cell towers are (so close to homes)," said Ed Virnig, a resident affected by the tower and representative of the group who submitted the claim.
Among major concerns for safety cited include:
- chunks of falling ice and debris from the 150-foot tall tower;
- power electrical currents after lightning strikes;
- holding tanks filled with diesel fuel that when burned will produce "obnoxious" fumes;
- potential for fires on the tower to spread.
City Attorney Karen Flaherty said Brookfield has not taken any action on the claim besides submitting it to its insurance company for review.
"It's kind of unusual because this is a claim, but under the statute claims are supposed to be filed within 120 days of the event — let's say that your car is hit by a squad car you’re supposed to file a claim within 120 days of that accident. In this case … in my opinion, no event that occurred because we haven’t taken any action yet," Flaherty said. "What is the event that they're making a claim about?"
The city has two options with the claim, Flaherty said. The city could deny the claim, which opens the door for the group of residents to immediately move forward with a lawsuit — or do nothing with the claim, and the residents would then need to wait out the 120 -ay time limit before being able to file suit. The claim was filed on June 28.
Mayor Steve Ponto agreed that the claim is unusual, calling it "premature," because the city hasn't formally approved the cell tower at the butt of the legal action.
"Our understanding is that Verizon has coverage problems in this area and they feel that this would be an appropriate site in dealing with these problems," Ponto said, adding that the city is "looking forward" to getting all of the details in place to make a sound decision on the proposal.
"It would seem to me that it's a bit premature for anyone to file even a claim because the city is reviewing the (options) and for people to file a claim at this point seems to be jumping (the gun)," he said.
Virnig, however, doesn't believe the residents are moving too fast at all. In the event that Brookfield officials approve the tower, the fact that the claim is already filed with the city means the group could jump straight to filing a lawsuit in the courts, Virnig said.
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"This is not premature, this is how these monetary damages work," Virnig said. "You notify before they happen or in process."
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