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MINUTES ATTACHED
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
AGENDA
PUBLIC WORKSHOP MEETING
TUESDAY, NOVEMBER 13, 2001 — 1 : 30 P.M.
County Commission Chamber
County Administration Building
1840 25t' Street
Vero Beach, FL 32960
COUNTY COMMISSIONERS
Caroline D . Ginn, Chairman District 5
Ruth M. Stanbridge District 2 James E . Chandler, County Administrator
Fran B . Adams District 1 Paul G. Bangel, County Attorney
Kenneth R. Macht District 3 Kimberly Massung, Executive Aide to BCC
John W. Tippin District 4 Jeffrey K . Barton, Clerk to the Board
1 : 30 P . M. SECOND PUBLIC WORKSHOP : TO CONSIDER A DRAFT ON
TELECOMMUNICATIONS (TOWERS AND ANTENNAS)
REGULATIONS RE-WRITE PROPOSED BY THE COUNTY' S
CONSULTANT (CityScape) .
Anyone who may wish to appeal any decision which may be made at this meeting will need to
ensure that a verbatim record of the proceedings is made which includes the testimony and evidence
upon which the appeal will be based .
Anyone who needs a special accommodation for this meeting may contact the County ' s
Americans with Disabilities Act (ADA) Coordinator at 567- 8000 x1223 at least 48 hours in advance of
meeting .
Indian River County WebSite : http ://bccl. co. indian-river. fzus
Full agenda back-up material is available for review in the Board of County Commission Office, Indian
River County Main Library, IRC Courthouse Law Library, and North County Library. Meeting may be
broadcast live on AT & T Cable Channel 13 — rebroadcast continuously Thursday 1 : 00 p. m. until
Friday morning and Saturday 12 : 00 noon until S: 00 p. m.
Meeting broadcast same as above on AT & T Broadband, Channel 27 in Sebastian.
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November 13 , 2001
SPECIAL MEETING OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
The Board of County Commissioners of Indian River County , Florida, met in Special
Session at the County Commission Chambers , 1840 25 `' Street, Vero Beach, Florida, on
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Tuesday , November 13 , 2001 at 1 : 30 p . m . Present were Chairman Caroline D . Ginn ; Vice
Chairman Ruth M . Stanbridge ; Fran B . Adams ; and Kenneth R . Macht . Commissioner John
W . Tippin was absent on County business . Also present were County Administrator James
E . Chandler ; Deputy County Attorney Will Collins ; and Deputy Clerk Patricia "PJ" Jones .
Chairman Ginn called the meeting to order .
Planning Director Stan Boling noted that the meeting has been advertised .
Proof of Publication Is On File In The Office
Of The Clerk To The Board
The Board reviewed a Memorandum of November 6 , 2001 and the " Problems and
Opportunities Report " prepared by Cityscape Siting and Management , Inc . ( COPY OF
REPORT IS ON FILE WITH THE BACKUP FOR TODAY ' S MEETING . )
TO : James E . Chandler
County Administrator
D MENT HEAD CONCURRENCE :
obert M . Keating, AICP
Community Development D - ector
FROM : Stan Boling, AICP
Planning Director
NOVEMBER 13 , 2001 _ 1 _
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DATE : November 6 , 2001
SUBJECT : Second Workshop on a Wireless Master Plan and Telecommunication
Regulations Re-Write
It is requested that the data herein presented be given formal consideration by the Board of County
Commissioners at its regular meeting of November 13 , 2001 .
BACKGROUND :
The second workshop on the county ' s wireless master plan and telecommunications regulations re-
write was originally scheduled for September 11 , 2001 . That September 11th workshop , however,
was cancelled and then subsequently re-scheduled to November 13 , 2001 . Attached is a copy of the
back-up material that was distributed for the September I Vh workshop . That material includes
minutes and PowerPoint presentation materials from the first workshop (held July 25 , 2001 ) and the
consultant ' s (CityScape) "Problems and Opportunities Report".
Due to the unavoidable delay in the workshop schedule and upcoming expiration of the moratorium
on new tower applications (January 6, 2002), staff requested that CityScape proceed with preparing
a draft telecommunications regulations re-write to present at the November 13 ' workshop .
CityScape has now submitted a draft ordinance for the Board ' s review.
ANALYSIS :
At the November 13 " workshop , CityScape will present a draft telecommunications regulations
ordinance based on its understanding of the Board ' s goals and desired outcomes . After receiving
comments and direction from the Board at the November 13 " workshop , CityScape ' s remaining
tasks, as specified in its contract with the county, will include:
( 1 ) Taking a telecommunication regulations re-write ordinance through the adoption process
(PZC, BCC) .
(2 ) Delivering engineering services products (includes : inventory of telecommunications sites ,
estimates/projections and spatial analysis of wireless demands, engineering analysis of
alternative approaches to meet projected demands , maps and graphics) .
(3 ) Developing and obtaining approval of a wireless master plan (addresses visual compatibility
and avoidance and opportunity areas for telecommunication facilities ; applicant submittal
requirements, RF engineering justification and review, "final " telecommunications LDR
revisions) .
RECOMMENDATION •
Staff recommends that the Board consider the consultant ' s proposals and public input, and provide
comments and direction to the consultant for the telecommunications regulations ordinance re-write.
ATTACHMENTS
1 . Back- up for Workshop Originally Scheduled for 9/ 11 /01
2 . Consultant ' s Proposed Telecommunications Regulations Re- write
NOVEMBER 13 2001 � ' 1 € " H
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Anthony Lepore , Legal Department , CityScape , began his presentation of the report .
Chairman Ginn stated her disappointment with the lack of a list of publicly owned
property to be evaluated for wireless development, and Mr . Lepore stated that information
will be included in the presentation of the master plan but not in this ordinance .
Mr . Lepore continued that the intent today is to get directions regarding which zoning
districts will require a special use exception and what criteria will be included in
evaluating
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facilities presently under construction and those considering a new use .
Chairman Ginn thought that an inventory of sites would be available at this point and
expressed her dissatisfaction with the progress which has been made .
Mr . Lepore stated that the inventory of sites will be a part of the master plan . At this
point the ordinance needs to be defined , especially as to criteria for determining when a new
facility will be constructed .
Chairman Ginn thought that was driven by the requirements of the industry , and Mr .
Lepore stated that we are now working on the administrative steps to be applied .
Director Boling commented that this initial ordinance needs to be completed so that
we can decide whether or not to extend the moratorium which expires in January , 2002 . At
the end of the process , when the master plan is adopted , the ordinance can then be changed
to conform to the plan , if necessary . ;
Mr . Lepore asked for direction from the Board and noted that Section 1 of the
proposed ordinance is merely the intent and purpose . The definitions have been reorganized
and consolidated with additional definitions that have become common in usage being
added . The real substantive changes begin in Section 3 . Section 4 applies to existing , new ,
publicly located , co -located and any non - commercial facilities , less the exempted facilities
governed by state or federal statute or any government - owned facilities .
NOVEMBER 13 , 2001 - 3 -
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Mr . Lepore continued that input is particularly needed for the table on Page 7 . Are
there uses that should be encouraged as administrative permits which were carried forward
from the present ordinance ? No decision is necessary today but consideration should be
given to these items in the near future .
Discussion then ensued regarding the desirability of having facilities located in
conservation areas , possibly on an existing structure , such as a power facility or a flagpole .
Chairman Ginn noted that any facility in a conservation area would have to be a
special exception use which would come to the Board .
Mr . Lepore stated that the Federal Communications Commission raised the spectrum
threshold last week for providers from 45 megahertz to 55 megahertz . That cap will be
eliminated on January 1 , 2003 which will probably mean a consolidation of communication
industries and will prohibit new entries into the marketplace . The practical effect of that
action will be a need for smaller facilities with fewer providers . He emphasized that the
County will definitely need structures along the beach and out west of town because of the
demand but he felt that the central coverage is probably adequate .
Chairman Ginn requested that any communications facilities applications in the MED
district be a special exception application, even for stealth facilities . These uses are almost
always close to residential districts . She specifically mentioned a proposed development of
exclusive homes to be built north of the Barber Bridge and felt that public input would be
necessary . She wanted an opportunity for the public to comment on both new and stealth
towers .
Chairman Ginn questioned the timing for receipt of the master plan , and Mr . Lepore
responded that they have already begun preparing the inventory .
NOVEMBER 13 , 2001 e T.
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Director Boling noted that the current moratorium ends in early January . There is a
possibility it will need to be extended to early February . The master plan should be ready
in May and once we have received the inventory , we will be in a better position to make
recommendations .
Chairman Ginn requested that copies of any reports received be given to her
immediately .
Mr . Lepore then moved to Page 8 , Development Standards , and stated that the current
setback requirements have been included unless they are less than the height of the tower,
in which case they would be increased to the height of the tower . They have also capped the
overall height at 150 feet .
Discussion ensued about the height of the towers and the Federal Aeronautics
Administration regulation of a 200 - foot height .
Commissioner Macht also emphasized the importance of an RF radiation analysis and
supporting engineer ' s sealed radiation pattern , and Director Boling stated that is covered on
Page 14 , Item n . 2 .
Chairman Ginn wanted to be sure that would be an independent analysis paid for by
the applicant, and Mr . Lepore stated that is covered on Page 21 , Section 6 .
Commissioner Macht wanted the addition of a submission of a radiation pattern
sealed by an engineer .
Mr . Lepore then questioned whether the Board wanted to expand the landscaping
requirements and stated that he would supply a sample listing of approved vegetation which
may be used .
Discussion ensued regarding landscaping requirements , and Director Boling noted
that the landscaping requirements apply to all sides of the perimeter of the tower
base/accessory structure .
NOVEMBER 13 , 2001 _ 5 _
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Mr . Lepore concluded that the signage regulations are much the same as the existing
regulations . Regarding obstructive to aircraft objects , they have adopted the FAA suggested
guidelines . The ordinance , as proposed , would require the applicant to show that they have
considered other alternatives . Also , when the application comes to the Board , there will be
an independent review by a third party .
Commissioner Adams suggested a change to a linear measurement and Mr . Lepore
noted that the application will contain information to let the Board know whether or not
there is commercial development, within what distance , and the general commercial
topography of the neighborhood .
Mr . Lepore again stated that the Board is not required to approve sites everywhere
they are desired, they just cannot discriminate or prohibit the towers .
Regarding Section 6 , Expert Review , Chairman Ginn asked that the language . . .
" Planning Director may require " be changed to " shall require " . She also questioned having
the applicant pay for the review .
Mr . Lepore noted that the County should pay for the review because of the
relationship . Some other counties collect a fee for the review when the application is
received .
Director Keating also mentioned that the reviewer might need to be someone who
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does not work for the industry .
Abandonment and remedies were then discussed , and Commissioner Adams asked
for the addition of SubSection (d), Section 7 , notifying the applicant that failure to reactivate
or remove the wireless communications facility may result in Code Enforcement action by
the County, with a specific definition of " failure " .
County Attorney Paul Bangel commented that another county had required a license
agreement for each applicant, authorizing the county to enter private property in the event
of abandonment and, if necessary , remove the facility .
NOVEMBER 13 , 2001 _ 6 _ i a
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Commissioner Adams preferred to just use the Code Enforcement action , and
Commissioner Macht noted that the applicant must be notified that he will be held liable .
Director Boling commented that written acknowledgment of liability from the
property owner is contained in the existing regulations .
General discussion then took place regarding landscaping requirements , fencing , and
the recent Nextel court case .
Mr . Lepore noted that the District Court, in the Nextel case , found that the Board did
not have the ability to reject the applicant ' s need to site and had issued no finding of fact .
Chairman Ginn mentioned that she had seen a lot of towers recently in Philadelphia
which were just about tree height and could hardly be noticed .
Mr . Lepore believed that to be another type of technology and advised those were
probably capacity sites .
Chairman Ginn then opened the meeting to comments from the public .
Gene Svatik, 350 Watercross Street , Sebastian , noted that the FCC had held back the
commercial spectrum which will force more smaller towers and fewer larger towers . He
wanted the Board to be aware that one large tower is less costly for the applicant that more
smaller towers and that stealth towers are also cheaper . He stated that " smart " antennas will
be coming out soon involving a focused beam through an aperture . He also noted that the
FCC is considering adoption of Historic Preservation regulations .
Chairman Ginn asked about Mr . Svatik ' s background, and he responded that he
works for Harris Corporation designing commercial antennas for commercial cellular
markets . He works with the FCC and has several patents pending .
NOVEMBER 13 , 2001 _ � _
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Christy Fischer, Development Consultant, Palm Bay, Florida, stated that she worked
for Indian River County 11 years ago . She is here as a development consultant and has some
written comments (NO COPIES OF THESE COMMENTS WERE FURNISHED TO THE
CLERK) . She believed CityScape has done a good job but understands that the Board will
be caught between the applicant and the public in these matters .
Mark Ciarfella , Site Concepts , Inc . , representing Cingular , encouraged the Board
to direct staff to sit down with representatives of the industry . He wanted to know more
about the master plan and how much it will cost an applicant to " opt in " . He stated that
Broward County charges an applicant $ 4500 to " opt in " per site . He asked for an
opportunity to meet with staff and the consultant .
Geoffrey Sluggett, Sluggett & Associates , 1555 Palm Beach Lakes Boulevard, Palm
Beach Lakes , also asked for an opportunity to express his concerns to staff and the
consultant .
Mr . Lepore stated that he had met with the industry representatives in other
jurisdictions and had no problem with doing that in this instance , as long as it could be done
on his home turf.
Jon Shamres of Alan Gabriel , representing Nextel , and speaking for Gerald Wright,
representing Verizon , also asked to meet with the consultant and staff.
Mr . Lepore agreed to report in writing any changes suggested by industry
representatives .
NOVEMBER 13 , 2001 _ g _
George Gross , 1230 39 `h Avenue , member of the Planning & Zoning Commission ,
asked several questions regarding the airport ; such as the difference between a public and
a private airport and the airport "zones " referred to in the proposed ordinance .
Mr . Lepore responded that most of these are FAA defined terms and he will attempt
to clarify the language .
Telecommunications Manager Terry Smith asked what effect the move to Global
System for Mobile Communications (GSM) from Time Division Multiple Access ( TDMA)
will have on coverage areas or structure deployments and what height requirements will be
in place for "receive only " facilities .
Mr . Lepore commented that the operator of a "receive only " facility is relying on
federal legislation to be lenient . There may be an opportunity to address that issue in the
regulations within limitations .
Mr . Smith continued that an inquiry had been received from the owner of a radio
station attempting to find another 500 - foot tall tower such as the one at Hobart . Indian River
County now has 2 County- owned towers which are over 400 feet tall and pretty full .
Mr . Lepore noted that broadcast towers would be excluded but , as the landowner, the
County would have a say - so in any decision to rebuild or renovate .
Sherri Brower, 736 34t' Terrace , Amateur Radio Club , Inc . , commented that these
new regulations are more restrictive than what is already in effect and she wanted a
definition of "height " , whether it is being measured as the antenna beyond the structure , and
whether or not the Club is exempt .
Mr . Lepore agreed that the current requirements could be left in place exclusively for
the Amateur Radio Club , and Ms . Brower offered to work directly with staff on that part of
the new regulations .
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NOVEMBER 13 , 2001 _ 9 _
Deputy County Attorney Will Collins observed that there will be more special
exception uses if this ordinance is passed and there will be a lot of public notice
requirements which could be very expensive and will require many more public hearings .
Director Boling stated that the consultant will get industry comments and get back
to staff who will take this through the LDR process . It will be presented to the Planning &
Zoning Commission and brought back to the Board in the next few months . There will also
be scheduled a public workshop between now and May of 2002 regarding the proposed
master plan . He anticipated an extension of the moratorium as it would be almost
impossible to get the new ordinance prepared before February ,
There being no further business , on Motion duly made , seconded and carried , the
Meeting adjourned at 3 : 58 p . m .
ATTEST :
J . K . anon , Clerk tChaii
Caroline D . Ginn , ian
Minutes Approvedz � c260
NOVEMBER 13 , 2001 _ 10