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DEC 14 199J <br />BOOK 91 <br />winds, and they do not fall down. They bend at their weakest point <br />and do not cause significant damage. <br />David Brower, licensed amateur radio operator for over 30 <br />years, urged .the Board to adopt the LDR amendment recommended by <br />the Professional Services Advisory Board. Mr. Brower cited a 19th <br />Circuit Court decision, quoting legislation which prohibits <br />counties from adopting regulations which restrict amateur radio <br />towers. He argued that members of Planning staff do not have the <br />expertise to decide whether a radio operator needs a tower over 70 <br />feet high. He requested that amateur radio antennae be exempted <br />from the LDR amendments. He advised that precedent has been set in <br />St. Lucie and Collier Counties where they exempt amateur radio <br />towers from their LDRs at present. <br />Deputy County Attorney William G. Collins II advised the Board <br />that there is no requirement in the FCC opinion that the County not <br />regulate at all. To the contrary, the FCC recognizes legitimate <br />local interests. The FCC opinion states that we cannot preclude <br />amateur operations, and the 19th Circuit Court opinion adds that <br />there cannot be an arbitrary height limit. We are attempting to <br />establish a variance procedure whereby an operator could <br />demonstrate that the additional height is needed to effectively <br />communicate with the radio operation. If staff does not have the <br />expertise to make a decision, we can contact people with more <br />expertise, including the FCC, to verify that the additional height <br />is needed for the reason given by the applicant. <br />Chris Gunno, resident of Vero Beach Highlands on 25th Street <br />Southwest, stated that he lives in an area where a large number of <br />power poles are close to the road. He distributed several <br />documents which addressed Section 2 and Section 10. <br />County Attorney Charles Vitunac interrupted and advised that <br />at the Regular BCC meeting earlier in the day the Board was advised <br />that the State has prevented the County from talking about the <br />height of transmission poles and that power poles shall not be <br />subject to LDR regulations by the County. <br />Mr. Gunno argued that the difference is poles which are <br />constructed on established rights-of-way, and read aloud the <br />following: <br />16 <br />M r M <br />