HomeMy WebLinkAbout2006 01 23 Regular Item 308 City Cell Tower Ordinance 678
CITY OF WINTER SPRINGS
January 23, 2006
o 12306_COMM_Regular_308_ Cell_ Tower_ Ordinance_Review
COMMISSION AGENDA
ITEM 308
Regular X
January 23, 2006
Regular Meeting
Mgr / Dept
Authorization
REQUEST: City Manager requesting the Commission to consider review of the City's Cell
Tower Ordinance Number 678 relative to the capacity of the Ordinance to provide City-
wide Cell Service.
PURPOSE:
This agenda item is needed to evaluate the capacity of the City's Cell Tower Ordinance to
reasonably provide for all tower service in the City.
CONSIDERATIONS:
Vertex Development Inc. has entered into a lease agreement with the Tuscawilla Country Club to
construct a I 50-foot telecommunications tower on golf course property.
According to Vertex, technical data demonstrates that a large hole in coverage exists in the
Tuscawilla area that cannot be filled by any of the tower sites provided in the City's Ordinance.
Additionally, Vertex states that the proposed tower would have sufficient location to eliminate
any further towers in the City.
If Vertex's technical claims are correct it would indicate that the City's Ordinance, as written, is
defective in that a reasonable level of all phone service cannot be provided throughout the City.
Vertex is requesting that the west tower site located at the west water treatment site be either
removed from the City's site list, or changed to be developable as a conditional use. This action
would result in Vertex being able to proceed to the Commission with a conditional use permit to
locate the tower at the country club site.
Staff believes that the City should employ an independent third party consultant to determine if
Vertex's claim that the City cannot be adequately served from the four sites approved in the City
Ordinance is valid.
If the City's consultant finds that the City can be served from the four sites provided for in the
Ordinance, then there would be no need for the City to amend the Cell Tower Ordinance.
If the City's consultant finds that Vertex's claim is accurate, then the City would need to
seriously consider amending the Ordinance in such manner as to allow reasonable cell phone
coverage throughout the City.
The City has contacted Arthur K. Peters, Consulting Engineer, a company specializing in this
type consulting services for governmental agencies. The company could complete this study in
approximately 5-days for a price of $3600.
FUNDING: This study would require a $3600 supplemental appropriation from the General
Fund.
RECOMMENDATION:
If the Commission desires to evaluate the capacity of its Cell Tower Ordinance to allow for
reasonable City wide cell phone service, it is recommended that the Commission authorize the
City Manager to enter into a contract with Arthur K. Peters, Consulting Engineer in the amount
of $3600 to determine if the Tower Ordinance needs to be amended to provide for reasonable
cell phone coverage throughout the City.
If the Commission does not desire to validate the efficiency of the current Ordinance then no
action is required. However, the Commission would need to be advised that it could be open to
legal challenge to its Ordinance.
ATT ACHMENTS:
1. Tower Ordinance Review Proposal.
2. Arthur K. Peters Resume
3. Attorney Mary Solik January 13, 2006 letter to City Manager.
COMMISSION ACTION:
Jan 17 06 04:27p
3523318026
p.2
CONSULTING ENGINEERS
ARTHUR K. PETERS
RADIO
TELEVISION
CATV
COMMON CARRIER
5422 NW 91 ST BOULEVARD
GAINESVILLE, FLORIDA 32653-2872
MEMBER AFCCE
(352) 331-0149
FAX; (3152) 331-8026
January 17, 2006
www.akpce.com
akpce@cox.net
Mr. Randy Stevenson. ASLA
Community Development Director
City of Winter Springs
1 126 State Road 434
Winter Springs, Florida 32708
Re: Tower Ordinance Review
Dear Mr. Stevenson:
This is to describe services and costs for an analysis of the City's current Telecommunications Ordinance. It
is estimated that the minimum principal time expenditure for this project is 3 days. This Includes an analysis
of up to six sites and attendance at two City Commission hearings. It does not include future crafting of a
new Ordinance.
The anticipated work product will be a written report, including maps and calculation results, that illustrate
current coverage conditions and up to three alternative situations. should they be required. The final report
can be delivered within 60 days of commencement.
Principal hours are billed at $ 150.00 per hour. Assuming 24 hours of principal time, the project should
incur a maximum cost of $ 3600.00. Billing will occur at the completion of the project.
Attached is a CV. Should you have any questions, please do not hesitate to contact me.
Arthur K. Peters, PE
Via Fax and US Mail
Jan 17 06 04:27p
3523318026
p.3
PROFESSIONAL RESUME OF
ARTHUR K. PETERS, CONSULTING ENGINEER
Arthur K. Peters is a principal in the firm of Arthur K. Peters, Consulting Engineers,
with offices located in Gainesville. Florida.
He has been associated with communications and broadcasting engineering since
1956 and has been a principal in his own firm since 1969.
Mr. Peters is a member of the Institute of Electrical and Electronics Engineers (IEEE)
and a member of the Association of Federal Communications Consulting Engineers. He
is a registered Professional Engineer in the State of Florida. He has had over 50 papers
published in various technical publications, mainly in the radio common carrier paging
and mobile industry. These papers principally discussed the subjects of one-way paging
and two-way mobile communications.
Mr. Peters was for more than thirteen years a member of the TIA Cellular Radio
Technical Committee (TR-45.1). which created and maintained analog cellular radio
standards in the United States. He was also a full member of the Cellular Radio Digital
Standards Committee (TR-45.3) that designed and is maintaining standards for dual
mode analog/digital cellular equipment. The firm has completed designs for more than
90 cellular systems in the United States and Canada and more than 5,000 paging
systems, worldwide.
The Firm of Arthur K. Peters, Consulting Engineers, has represented a large number
of both small and large companies participating in the radio communications industry.
These companies provide paging and mobile services in most of the major metropolitan
areas and in many smaller cities throughout the United States. The firm has represented
equipment manufacturers, radio common carriers, private radio companies, telephone
companies and other entities engaged in the communications industry. The firm has
represented clients in Venezuela. Argentina, Puerto Rico, Canada, England, Japan, the
Caribbean, several countries in Eastern Europe, North Africa, Russia, Australia,
Indonesia, Singapore, the Philippines and Thailand.
The major responsibility of the firm is to design radio communications facilities for
paging and mobile systems, microwave radio systems. television stations, FM broadcast
stations and AM broadcast stations.
CONSULTING ENGINEERS
ARTHUR K. PETERS
Jan 17 06 04:28p
3523318026
p.4
Page 2
Resume of Arthur K. Peters
Daily activities of the firm include advising clients, including a number of
manufacturers, on the best methods and procedures to utilize in achieving each client's
objectives. Advice is also given to manufacturers with respect to new product needs.
Special projects include circuit design such as a telephone over-dial digit detector, a
credit card reader to control airborne telephones and an automated television station
controller and switcher. In addition to its normal activities, the firm has completed
systems designs of complex specialized mobile radio system (SMRS) designs and
wireless distribution of television signals at 28 GHz. Several years ago the firm
completed the design of a massive cellular system for the entire country of Argentina.
The firm routinely interfaces with federal agencies such as the Federal Aviation
Administration and the Federal Communications Commission. Mr. Peters has been a
pilot for more than 40 years and holds commercial and instrument ratings.
For the last several years Mr. Peters has been a technical participant in county and city
efforts to create antenna and tower siting policies and ordinances to control the impact
of personal communications systems
Mr. Peters, an Electrical Engineering graduate of Purdue University, has testified as
an expert witness before various administrative agencies such as the Federal
Communications Commission and the International Trade Commission. Additionally, Mr.
Peters has been accepted as an expert witness before many state public utilities
commissions including, but not limited to, the States of California, Illinois, Indiana,
Kentucky, Missouri, New York, Florida, South Carolina and Georgia. Every public utilities
commission in the United States has accepted the work product of the firm of Arthur K.
Peters.
CONSULTING ENGINEERS
ARTHUR K. PETERS
Jan-13-06 02:54pm From-Foley & Lardner
407 648 1743
T-942 P.002/002 F-643
FOLEY
January 13t 2006
FOLEY & LARDNt:R LLP
ATTORNEYS At LAW
111 NORTH ORANGIO AVENUE, suIrE 1800
ORLANDO. FL. 32801.2386
P. Q. BOX 2193
ORLANDO, FL 32802.2193
407.423.7656 TEl.
407.648.1743 FAX
www.foley.com
WRITER'S DIRECT LINE
407.244.3259
msollk@foley.Con'\ EMAIL
CLIENT/MATTER NUMBER
055546.0103
VIA FACSIMILE AND U.S. MAIL
Ronald W. McLemore
City Manager
City of Winter Springs
1126 E. SR 434
Whiter Springs, FL 32708
Re: Proposed Telecommunications Tower
Dear Mr. McLemore:
This firm represents Vertex Development, Inc. and T-Mobile. Vertex bas now
entered into a lease agreement with. the Tuscawilla Country Club for the proposed placement of a
150' telecommunications tower on the golf course property. Vertex has already secured the
commitments of T-Mobile, Verizon, and Sprint to collocate on this tower. Vertex has also
received requests for applications to collocate on the tower from Cingular and Metro PCS.
Together, these companies represent the five FCC licensees in this marketplace. A11 of these
Companies have indicated to Vertex a lack of cell coverage in the specific area of Tuscawilla and
generally in the eastem portion of the City of Winter Springs. Vertex is now prepared to begin
the zoning process for approval of this proposed tower. Please advise us as to what the process
will be for the processing of zoning approval on this site.
Very truly yours,
Mary Doty Solik
MDS:jlc
cc: Anthony Garganese, Esq.
Alan Ruiz
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