BIDDEFORD — A citizen initiative to overturn a city council order that allows a cellular tower to be built near Biddeford schools failed to gather enough valid signatures to be placed on the November ballot.

According to a formula mandated by the city charter, 2,035 signatures of registered Biddeford voters were required to be gathered within 30 days of taking out papers from the city clerk for the initiative. Last Thursday was the day the signatures were due to be turned in to the city clerk for verification.

City Clerk Carmen Morris said only 1,908 of the signatures gathered were valid.

Despite that, on Tuesday, several people opposing the tower to be built at 384 Hill St., by VC Properties, LLC, doing business as Mariner Tower, LP, of Kennebunkport, appealed to the council and spoke against the project.

Their concerns were heard at the Biddeford Meetinghouse, as it is a council tradition to hold one meeting each year at the historic building, constructed in 1759 and located on Meetinghouse Road.

Earlier this summer, the city council approved a contract zone that was necessary for the cell tower to be located at the Hill Street site.

The question posed by the proposed initiative stated, “Shall the citizens of Biddeford overturn the decision of the city council to authorize a contract zone for the erection of a cell tower?”

Nancy and Frank Novotny were among those spearheading the citizens initiative. They spoke against the process that prohibited the question from being eligible to be on the November ballot. They also discussed research they said proved that radiation emitted from cell towers is dangerous to people, and therefore, such towers shouldn’t be allowed in residential areas or near schools.

Nancy Novotny asked the council to intervene and “save a community and children from being microwaved to death.”

Claudette Delorge said she lost her husband and a son to cancer, and has a grandson and daughter-in-law in the schools near where the tower will be located.

“It boggles my mind why many of you are not open to the dangers of this,” she said.

Also speaking against the cell tower was State Rep. Andrea Boland, D-Sanford, who proposed the first cellphone warning label legislation in the nation. Precautions need to be taken when placing cell towers, to protect children and residential neighborhoods, she said.

Even if the necessary signatures were obtained, it is uncertain whether the council would have voted to place the referendum question on the ballot, due to legal concerns. According to the legal opinion of City Solicitor Keith Jacques, the referendum is “problematic” because it “requires the city to violate federal law,” specifically the federal Telecommunications Act.

A broad interpretation of the question, he stated in an Aug. 1 email, would overturn every contract zone approved to allow cell towers in the city. This could subject the city to “substantial legal and financial exposure.”

Because of the outpouring of citizen concern, Councilor Bob Mills proposed putting the question forward as a council initiative. That failed in a 6-3 vote; only Mills and Councilors Clement Fleurent and Robert Quattrone voted in favor.

Next, Mills requested that an order to rescind the vote by which the council approved the contract zone be on the council agenda for its next meeting on Sept. 16. It is unclear what liability the city would face if it withdrew approval for the cell tower since Mariner Tower has already moved forward with plans to install the tower.

— Staff Writer Dina Mendros can be contacted at 282-1535, ext. 324 or [email protected].