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Home My WebLink About2003-044 l .. 7 d 0 RESOLUTION NO. 2003- 044 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, IN OPPOSITION TO HOUSE BILL 1307. WHEREAS, House Bill 1307 has been introduced into the Florida Legislature, 2003 Session; and WHEREAS, House Bill 1307 is intended to facilitate the implementation of 911 service and E911 service; and WHEREAS, House Bill 1307 attempts to preempt local zoning and land development regulations with respect to 911 service; and WHEREAS, the Telecommunication Act of 1996 preserves the authority of local governments over decisions regarding the placement, construction and modification of personal wireless service facilities; and WHEREAS, .the authority of local governments to regulate tower transmission facilities is critical to addressing the local issues regarding community aesthetics, economic viability, property values, efficient land use and compatible zoning; and WHEREAS, Indian River County desires to support the deployment of emergency 911 services in a manner consistent with local values, 1 RESOLUTION NO. 2003- 044 NOW, THEREFORE, BE IT RESOLVED: 1. That the Board of County Commissioners of Indian River County is opposed to House Bill 1307 and any provisions therein which restrict local control over the regulation, control and placement of telecommunications towers and transmission facilities. 2. The Board of County Commissioners of Indian River County supports deployment of emergency 911 services in a manner consistent with locally adopted regulations and decision-making processes. 3. The Executive Aide to the Board is directed to deliver a copy of this resolution to the representatives and senators in the local legislative delegation as well as to the Florida Association of Counties. The resolution was moved for adoption by Commissioner Ginn , and the motion was seconded by Commissioner Adams and, upon being put to a vote, the vote was as follows: Kenneth R. Macht, Chairman Aye Caroline D. Ginn, Vice Chairman Aye Fran B. Adams Aye Thomas S. Lowther Aye Arthur R. Neuberger Aye 2 RESOLUTION NO. 2003- 044 The Chairman thereupon declared the resolution duly passed and adopted this 8th day of April, 2003. BOARD OF COUNTY COMMISSIONERS "k INDIA IVER COUNTY, FLORIDA F r4 ft s B" " o enneth R. 97 cht, Chairman h� BCC approved: April 8, 2003 ATTJeffrey{K. B Clerk By �. 4v ,. r gepuy CI`erk Approved'as toNform and legal sufficiency:, B-Y: William G. Collins II County Attorney 3 BOARD OF COUNTY COMMISSIONERS Kenneth R. Macht Fran B. Adams Chairman District 1 District 3 Arthur R. Neuberger Caroline D. Ginn * * District 2 Vice Chairman District 5 Thomas S. Lowther District 4 April 10, 2003 R E CFE I The Honorable Mike Haridopolos APR 14 2003 312 Senate Office Building BOARD O F C',O U II TY 404 South Monroe Street -COMMISSION Tallahassee, FL 32399-1100 Dear Senator Haridopolos: At the April 8, 2003 meeting of the Indian River County Commission the Board unanimously voted to adopt the attached Resolution opposing House Bill 1307 and Senate Bill 1450. This Bill is replete with language pre-empting local govemment's home rule authority and exempting telecommunication facilities located on state government owned real property and buildings from local zoning requirements. Indian River County has a strong and comprehensive Wireless Master Plan, adopted in September 2002. Under the guise of emergency deployment of E911 service, this legislation would undermine our County's Telecommunication Ordinance. In fact, Senate Staff Analysis on SB1450 includes the following observation: "Although these provisions are going into the section on wireless emergency telephone number, most are not limited to siting wireless facilities necessary for the emergency telephone system and so possibly could be used to site any facility,whether necessary for E911 or not". Indian River County Also requires state of the art and stealth technology wherever possible, and cost cannot be a determining factor. Aesthetics are to be given every consideration, but HB1307 and SB1450 make no such requirements. We strongly urge your reconsideration of this Bill. DISTRIBUTION LIST Commissioners Zenneth , Administrator Attorney Personnel Public Works . Macht Community Dev. Chairman utilities Finance Enc: Resolution #2003-044 OMB finerg.Serv. 1840 2r Street,Suite N-158 Vero Beach,FL 32960-3365 Risk Mgt. Telephone: (772) 567-8000,Ext.1490 FAX. (772) 770-5334 Other YVAA Suncom: 224-1490 a-mail: kmassung@ircgov.com BOARD OF COUNTY COMMISSIONERS Kenneth R. Macht g1VF.R Fran B. Adams Chairman District 1 District 3 Arthur R. Neuberger Caroline D. Ginn * * District 2 Vice Chairman District S ZoRIoThomas S. Lowther District 4 April 10, 2003 The Honorable James E. King, Jr. President of the Florida Senate Suite 409 The Capitol 404 South Monroe Street Tallahassee, FL 32399-1100 Dear Senator King: At the April 8, 2003 meeting of the Indian River County Commission the Board unanimously voted to adopt the attached Resolution opposing House Bill 1307 and Senate Bill 1450. This Bill is replete with language pre-empting local government's home rule authority and exempting telecommunication facilities located on state government owned real property and buildings from local zoning requirements. Indian River County has a strong and comprehensive Wireless Master Plan, adopted in September 2002. Under the guise of emergency deployment of E911 service, this legislation would undermine our County's Telecommunication Ordinance. In fact, Senate Staff Analysis on SB1450 includes the following observation: "Although these provisions are going into the section on wireless emergency telephone number, most are not limited to siting wireless facilities necessary for the emergency telephone system and so possibly could be used to site any facility, whether necessary for E911 or not". Indian River County Also requires state of the art and stealth technology wherever possible, cost cannot be a determining factor and aesthetics are to be given every consideration. HB1307 and SB1450 make no such requirements. We strongly urge your reconsideration of this Bill. Yours tr , i nnet acht Chairman Enc: Resolution #2003-044 1840 25`"'Street,Suite N-158 Vero Beach, FL 32960-3365 Telephone: (772)567-8000,ExL1490 FAX. (772) 770-5334 Suncom: 224-1490 e-mail. kmassung@ircgov.com BOARD OF COUNTY COMMISSIONERS Kenneth R. Macht giVF.R�, Fran B. Adams Chairman District 1 District 3 ,c- Arthur R. Neuberger Caroline D. Ginn * * District 2 Vice Chairman District 5ORI04` Thomas S. Lowther District 4 April 10, 2003 The Honorable Johnnie Byrd 1201 The Capitol 402 South Monroe Street Tallahassee, FL 32399-1300 Dear Representative Byrd: At the April 8, 2003 meeting of the Indian River County Commission the Board unanimously voted to adopt the attached Resolution opposing House Bill 1307 and Senate Bill 1450. This Bill is replete with language pre-empting local government's home rule authority and exempting telecommunication facilities located on state government owned real property and buildings from local zoning requirements. Indian River County has a strong and comprehensive Wireless Master Plan, adopted in September 2002. Under the guise of emergency deployment of E911 service, this legislation would undermine our County's Telecommunication Ordinance. In fact, Senate Staff Analysis on SB1450 includes the following observation: "Although these provisions are going into the section on wireless emergency telephone number, most are not limited to siting wireless facilities necessary for the emergency telephone system and so possibly could be used to site any facility, whether necessary for E911 or not". Indian River County Also requires state of the art and stealth technology wherever possible, cost cannot be a determining factor and aesthetics are to be given every consideration. HB1307 and SB1450 make no such requirements. We strongly urge your reconsideration of this Bill. Yours truly, en 4h acht Chairman Enc: Resolution #2003-044 1840 25"'Street,Suite N-158 Vero Beach, FL 32960-3365 Telephone: (772)567-8000,Ext 1490 FAX. (772) 770-5334 Suncom: 224-1490 e-mail. kmassung@ircgov.com BOARD OF COUNTY COMMISSIONERS Kenneth R. Macht Fran B. Adams Chairman District I District 3 Arthur R. Neuberger Caroline D. Ginn * * District 2 Vice Chairman � District S LUR'I�4' Thomas S. Lowther District 4 April 10, 2003 The Honorable Stan Mayfield Room 221 C The Capitol 402 South Monroe Street Tallahassee, FL 32399-1300 Dear Representative Mayfield: At the April 8, 2003 meeting of the Indian River County Commission the Board unanimously voted to adopt the attached Resolution opposing House Bill 1307 and Senate Bill 1450. This Bill is replete with language pre-empting local government's home rule authority and exempting telecommunication facilities located on state government owned real property and buildings from local zoning requirements. Indian River County has a strong and comprehensive Wireless Master Plan, adopted in September. 2002. Under the guise of emergency deployment of E911 service,.this legislation would undermine our County's Telecommunication Ordinance. In fact, Senate Staff Analysis on SB1450 includes the following observation: "Although these provisions are going into the section on wireless emergency telephone number, most are not limited to siting wireless facilities necessary for the emergency telephone system and so possibly could be used to site any facility, whether necessary for E911 or not". Indian River County Also requires state of the art and stealth technology wherever possible, cost cannot be a determining factor and aesthetics are to be given every consideration. HB1307 and SB1450 make no such requirements. We strongly urge your reconsideration of this Bill. Yours truly, (:29eti�ftet �Zeh t Chairman Enc: Resolution #2003-044 1840 25'h Street,Suite N-158 Vero Beach, FL 32960-3365 Telephone: (772)567-8000,Est.1490 FAX.• (772) 770-5334 Suncom: 224-1490 e-mail. kmassung@ircgov.com BOARD OF COUNTY COMMISSIONERS Kenneth R. Macht Fran B. Adams Chairman District I District 3 Arthur R. Neuberger Caroline D. Ginn * * District 2 Vice Chairman District SORIOThomas S. Lowther District 4 April 10, 2003 The Honorable Ralph Poppell Room 1101 The Capitol 402 South Monroe Street Tallahassee, FL 32399-1300 Dear Representative Poppell: At the April 8, 2003 meeting of the Indian River County Commission the Board unanimously voted to adopt the attached Resolution opposing House Bill 1307 and Senate Bill 1450. This Bill is replete with language pre-empting local government's home rule authority and exempting telecommunication facilities located on state government owned real property and buildings from local zoning requirements. Indian River County has a strong and comprehensive Wireless Master Plan, adopted in September 2002. Under the guise of emergency deployment of E911 service, this legislation would undermine our County's Telecommunication Ordinance. In fact, Senate Staff Analysis on SB1450 includes the following observation: "Although these provisions are going into the section on wireless emergency telephone number, most are not limited to siting wireless facilities necessary for the emergency telephone system and so possibly could be used to site any facility,whether necessary for E911 or not". Indian River County Also requires state of the art and stealth technology wherever possible, cost cannot be a determining factor and aesthetics are to be given every consideration. HB1307 and SB1450 make no such requirements. We strongly urge your reconsideration of this Bill. Yours trul , fS t e. cht Chairman Enc: Resolution #2003-044 1840 25'Street,Suite N-158 Vero Beach, FL 32960-3365 Telephone: (772)567-8000,Ext.1490 FAX: (772) 770-5334 Suncom: 224-1490 e-mail. kmassung@ircgov.com BOARD OF COUNTY COMMISSIONERS Kenneth R. Macht X11 �.� Fran B. Adams Chairman District 1 District 3 Arthur R. Neuberger Caroline D. Ginn * * District 2 Vice Chairman District 5OR104' Thomas S. Lowther District 4 April 10, 2003 The Honorable Ken Pruitt 318 Senate Office Building 404 South Monroe Street Tallahassee, FL 32399-1100 Dear Senator Pruitt: At the April 8, 2003 meeting of the Indian River County Commission the Board unanimously voted to adopt the attached Resolution opposing House Bill 1307 and Senate Bill 1450. This Bill is replete with language pre-empting local government's home rule authority and exempting telecommunication facilities located on state government owned real property and buildings from local zoning requirements. Indian River County has a strong and comprehensive Wireless Master Plan, adopted in September 2002. Under the guise of emergency deployment of E911 service, this legislation would undermine our County's Telecommunication Ordinance. In fact, Senate Staff Analysis on SB1450 includes the following observation: "Although these provisions are going into the section on wireless emergency telephone number, most are not limited to siting wireless facilities necessary for the emergency telephone system and so possibly could be used to site any facility, whether necessary for E911 or not". Indian River County Also requires state of the art and stealth technology wherever possible, cost cannot be a determining factor and aesthetics are to be given every consideration. HB1307 and SB1450 make no such requirements. We strongly urge your reconsideration of this Bill. Yours tr ly, enn� ach Chairman Enc: Resolution #2003-044 1840 25'h Street,Suite N-158 Vero Beach, FL 32960-3365 Telephone: (772) 567-8000,Ext 1490 FAX. (772) 770-5334 Suncom: 224-1490 e-mail. kmassung@ircgov.com