5/6/1997 - Laserfiche WebLink

Home Browse Search

Planning Division Director Stan Boling presented the revised Ordinance and requested authorization for staff to advertise a Request For Qualifications regarding the proposed consulting engineer. Commissioner Ginn inquired whether a request for a special exception would require a public hearing, and Director Boling responded that it would. Commissioner Adams felt that she could be comfortable with the ordinance except for allowing antenna attachments on the 69KB and larger utility transmission towers in residential areas. She would support that provision as long as they were only allowed in agricultural/industrial areas, but not in residential areas. Director Boling believed the County would not have any way to enforce that provision. Commissioner Macht remarked that utility companies are guaranteed the right of eminent domain in order to transmit power but did not believe they would have the authority to make other use of the properties. County Attorney Vitunac believed the County could go to court and try to enforce the provisions but this would be a new area. Commissioner Ginn was not comfortable with the ordinance as presented and preferred to wait until she had an opportunity to hear Dr. Eugene Webb tomorrow at the Treasure Coast Council of Local Governments. Chairman Eggert reminded the Commissioners that they are now in the middle of the second public hearing. County Attorney Vitunac agreed that adding more height to an already ugly structure is not good but emphasized that federal law gives utility companies the right to build the towers if needed for service and prohibits counties from prohibiting or restricting the construction of their towers. Director Boling stressed that the exemption in the ordinance is just for any utility pole that supports a 69KB line with an antenna structure up to 150 feet in height. The existing code is silent on this issue. Commissioner Macht felt the provision should be left in the ordinance and the County should go ahead with the challenge. County Attorney Vitunac then reminded the Board that several years ago the County had attempted to adopt a bill that would give notice to the County when 69KB or higher lines were going into a residential neighborhood and the Legislature would not even allow a public hearing. Commissioner Macht felt the communication antenna issue is not the same thing and would not fall under the original purview of granting eminent domain rights to transmit power. County Attorney Vitunac felt the question at this point in time is whether the County can stop them from erecting antennae which other people will use. MAY 69 1997 51