HomeMy WebLinkAboutAgenda - 11-23-2009 - C3ORANGE COUNTY
BOARD OF COMMISSIONERS
AND PLANNING BOARD
QUARTERLY PUBLIC HEARING
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 23, 2009
Action Agenda
Item No. C-3
SUBJECT: Designation of Specific Public Sites to be part of the County's Master
Telecommunication Plan
DEPARTMENT: Managers Office PUBLIC HEARING: (YIN) Yes
Planning and Inspections
ATTACHMENTS:
1. Map of Possible Tower Sites
Superimposed on the North Carolina
Broadband Service Inventory (3
maps)
2. Listing of Candidate Sites
3. Resolution to Identify Certain Publicly
Owned Properties as Tower Sites.
PURPOSE: The purpose of this item is two fold:
INFORMATION CONTACT:
Willie Best, 245-2308
Craig N. Benedict, 245 2592
Glenn R. Bowles, 245 2577
A. The consideration of certain County owned properties as candidate sites for
telecommunication tower placement, and
B. The designation of specific publicly owned properties as being eligible for the
development of telecommunication wireless support structures (towers)
in accordance with the provisions of Section 6.18.5 Master Telecommunications Plan of the
Orange County Zoning Ordinance (hereafter `the Ordinance').
BACKGROUND:
1996 TELCO ACT: Section 704 of the Federal Telecommunications Act of 1996 created
a new framework for the regulation of telecommunication facilities, particularly wireless "cell"
towers and the associated equipment and infrastructure.
In essence, the federal government limited the authority of local governments to regulate or
create a "barrier to entry" of new telecommunication facilities that would create the public
interest "information highway." Because of these limitations, tower siting has become one of
the most contentious areas of American land use law.
Since 1996, nearly all local governments have struggled with the limits of their authority in this
field in protecting their local interests through the adoption and enforcement of zoning
regulations. As a result, local regulations have been pushed into a somewhat unchartered limit
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of authority that has resulted in hundreds of lawsuits in an attempt to resolve the balance
intended with the 1996 Telco Act.
In North Carolina, this `balancing act' culminated in 2007 with the General Assembly adopting
revisions to the existing enabling legislation that allowed local governments to regulate, within
limits, wireless telecommunication facilities. As a result of these amendments, local
governments within North Carolina cannot call into question a providers business decision, with
respect to the proposed location of a telecommunication tower, and so-called "spec" towers
must be approved.
ISSUE: There are portions of the County that are either not served, or are underserved, by
telecommunication and/or broadband. This has become an impediment to essential County
communications for several departments (i.e. Emergency Management, Sheriff, Information
Technologies, Building Inspections, Health Department, etc) and has negatively impacted local
residents.
In staffs opinion an opportunity exists to assist Orange County departments, as well as our
citizens, with this dilemma by encouraging strategic telecommunication tower location to
broaden access and address communication problems. It is staffs opinion that this
`opportunity' would be more in-step with the original intent of the 1996 Telco Act and in the spirit
of recent amendments initiated by the North Carolina General Assembly.
ORDINANCE REQUIREMENTS: Section 6.18.5 of the Ordinance addresses the
development of the aforementioned Master Telecommunications Plan. The intent of the Plan is
to identify preferred tower locations where property owners (including schools, OWASA,
voluntary agricultural districts etc.) have expressed an interest in allowing such facilities on their
property.
Section 6.18.1 states that Planning Department staff members may administratively approve
towers under 150 feet in height on County property, and in other specific instances, as long as
the proposed tower complies with the various development standards, location requirements,
testing, and plan submittal detai{s as contained within Section 8.8.17 a. The processing of the
application through the general conditions and required findings of fact is not required.
FUNDING OPPORTUNITY: The American Recovery and Reinvestment Act (ARRA) was
signed into law in February 2009. Part of that legislation involved the US Department of
Agriculture's Rural Utility Service Broadband Initiatives Program (BIP) and the US Department
of Commerce's National Technical Information Service Broadband Technology Opportunities
Program (BTOP). Grant and loan programs are available through these programs to fund the
extension of broadband service to the under- and un-served portions of rural America.
A second round of ARRA broadband funding is tentatively scheduled for January 2010. All
ARRA programs awards must be-spent by September 30, 2010. Orange County has sought
technical assistance to meet the various grant program criteria in advance of this application
cycle.
COUNTY OWNED SITES: There are several County owned sites suitable for potential
tower site development and collocation of wireless facilities to address communication needs
for various County departments and provide necessary coverage for rural residents who live in
areas with little to no existing broadband service.
Maps, contained within Attachment One, detail the under- and un-served portions of rural
Orange County. These maps, prepared by the North Carolina Broadband Service Inventory
and developed for Orange County and the State of North Carolina by Connect Nation in June of
2009, show that Orange County may be eligible for the BIP and BTIP funding programs. You
will note that there is an area, most notably along the Alamance/Caswell County border, that is
currently un-served. The blue area, depicted on one of the maps, are areas of the County
where wireless and broadband may be available but service is not guaranteed (i.e. under-
served).
The mapped coverage areas have been questioned and the definition of what constitutes an
underserved area is still under review. There is a website, maintained by Connect North
Carolina, with more information on this topic at www.connectnorthcarolina.org.
PROPOSAL: Staff is suggesting the following process that would allow the County to
potentially take advantage of funding opportunities detailed within the aforementioned grant
programs:
A. The BOCC determines that the identified public sites are suitable for possible location
of telecommunication facilities and/or collocation,
B. The BOCC formally adds these various sites to the Master Telecommunication Plan
(MTP) designating them as suitable sites for telecommunication development,
C. The BOCC authorizes staff to apply for ARRA grants in the next cycle, and
D. The BOCC encourages staff to engage in negotiations with a .`partner' for this process
with the understanding that any contract resulting from this process returning to the
BOCC for approval.
The County has sent out a Request for Proposals (RFP) to telecommunication organizations
and groups for the purpose of soliciting interest in forming public/private partnerships to create a
telecommunication network for the under- and un-served portions of rural Orange County. This
program could be partially funded through the ARRA grant programs. Consultant selection for
this partnership is on-going at this time. Staff has also initiated contact with the Triangle J COG,
specifically with Mr. Bob Sepe who is serving as a consultant with the COG on
telecommunication issues, who will be asked to assist staff with this process.
As part of this process there needs to be formal recognition and pre-enrollment of these public
sites into the MTP and a concomitant decision indicating that a proposed wireless facility
location would be a public necessity to the County. A resolution has been created
(Attachment Three) identifying specific County owned lands that could be utilized for this
purpose.
This will allow the County to begin discussions of the aforementioned public/private
partnerships to extend wireless service to the under- and un-served areas of the County and to
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promote the use of current technologies (including broadband) to support public safety,
information transfer, public communication, and economic development.
Staff representatives from the Park and Recreation, Environmental Resource Conservation,
Planning, Economic Development, Purchasing, and Information Technology Departments and
the Manager's Office met to assess the list of candidate sites and as a group request that the
BOCC consider enrolling the properties listed on Attachment 2.
It should be noted that there are no specific tower applications at this time. This is a proactive
plan to allow the County to expeditiously prepare grants by delineating sites consistent with
program guidelines.
CONSISTENCY WITH COMPREHENSIVE PLAN: The adopted Orange County 2030
Comprehensive Plan contains four objectives that provide support to an expanded wireless
telecommunications network within Orange County. They include:
1. Establish adequate information networks throughout the towns and County.
2. Develop a mechanism for cooperation with telecommunication facilities stakeholders
regarding the siting and design of towers.
3. Mange the number of future wireless telecommunication facilities by identifying preferred
locations capable of accommodating service County-wide
4. Encourage the expansion of affordable, high-speed Internet access, fiber-optic lines, and
other high-speed communication networks to rural and underserved areas.
The infrastructure associated with wireless telecommunication facilities is inherently essential to
the efficient operation of a number of County departments. Emergency Management Services
needs to maintain quality wireless service throughout the County. The Sheriff's and private,
volunteer fire departments have similar needs. Information Systems also desires to provide
quality communication-based technology services, a goal shared by other public agencies in
and around Orange County. Planning and Inspections must also, have better communications
from the field. The MTP will provide valuable information concerning the existing capacity and
future needs of emergency management, other county communication needs, economic
development opportunities, and communications networks of public concern.
FINANCIAL IMPACT: There is no direct financial impact associated with the selection of
certain publicly owned properties as possibly tower sites. Should the County apply for either
grant or loan funds through the ARRA program guidelines, and should the County be awarded
some or all or those grant or loan funds, there may be financial obligations that would have to
be negotiated with the County's broadband consultant.
If future tower site are developed, then a management contract between the County, the tower
provider, and all collocators, should be established which will:
^ Detail the design of each tower and supporting facilities,
^ Tower installation specifications,
^ Tower maintenance responsibilities,
^ Tower marketing responsibilities,
^ Contract management for each collocator,
^ Tower bonding and insurance responsibilities,
^ Financial considerations for the County and the management company, and
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^ Long-term tower management responsibilities.
There may eventually be rental income coming to the County as a result of this tower
management agreement.
RECOMMENDATIONS: The Administration recommends that the Board:
1. Receive this abstract.
2. Conduct a Public Hearing and accept all public comments on the subject.
3. Approve the staff recommendation by:
a. Selecting the County properties identified on the attached map (Attachment 1) for
potential tower locations,
b. Enroll the list of candidate sites (Attachment 2) into the Master
Telecommunications Plan (MTP), and
c. Approve the attached resolution enrolling the aforementioned public properties
into the MTP program (Attachment 3).
4. Authorize staff to begin the process of applying for various grants for the project.
It should be noted that there is no action required by the Planning Board on this item. This is a
BOCC decision.
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Attachment 2 - Listing of Candidates Sites (Map of Properties)
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Source:Broadband Data(Connect North Carolina)
Attachment 2 -Listing of Candidate Sites
(Continued)
P15
Candidate Sites
Site
Number Owner PIN TMBL Acres Zonin Descri tion
County Owned Properties within planning jurisdiction
~ `Northeast Park' along Mincy Road
Oran a Count 9887520801 1.25..3 135.43 AR in association w/ other activities
2 Oran a Coun 9829408061 2.29..15A 0.22 EC-5 ABC Store ve small site
S Cedar Grove Park located on the
Oran a Coun 9858841233 2.33..2 39.02 AR east side of NC Hi hwa 86
4 Oran a Coun 9871519160 7.19..2A 69.05 RB Millhouse Road ro ert
5 The Eurosport Soccer Center
Oran a Coun 9844157438 3.44..3A 34.09 EDD located on West Ten Road
6 Lake Orange Reservoir (west of
Oran a Coun 9857642370 2.45..5 156.57 AR the dam
County Owned Properties outside of planning jurisdiction
7 Oran a Coun 9870680669 7.18..1A 121.12 CH ETJ Solid Waste Mana ement site
$ Oran a Count 9870774584 7.18..18 5.57 CH ETJ Landfill facili
9 Oran a Coun 9870053117 7.23.C.31 E 49.24 CA ETJ Twin Creek Park
16
ADDITIONAL SITES: Staff is listing additional, potential, telecommunication sites that
have a public safety use that might benefit from additional telecommunication facilities,
properties that are owned by aquasi-public entity who may wish to pursue a
public/private partnership relating to the location of telecommunication facilities, or
properties where the owner has expressed some interest in the co-location of a
telecommunication facility.
These sites are included herein for reference purposes only and are not intended to
become part of the Master Telecommunication Plan through this requested action.
Staff will be contacting these various property owners in the future to determine their
interest in participating within the program.
Quasi-Public Utilities
10 Orange
Alamance 9855508167 3.41..14 62.65 AR Water Treatment facili ro e
11 OWASA 9729890610 6.23..1A 51.11 AR At Cane Creek Reservoir dam
12 OWASA 9739980025 6.26A..2 101.38 AR OWASA facili
Fire Departments
13 White Cross
Fire 9738506758 6.39..46 4.21 AR Volunteer Fire Station
14 Cedar Grove
Fire 9838854442 2.31..26 2.15 AR Volunteer Fire Station
15 Orange Grove
Volunteer 9841217645 6.14..56 2.29 AR Volunteer Fire Station
Orange Rural
16 Fire 9866980787 2.46..17E 0.85 AR Volunteer Fire Station
17 New Hope
Church 9872835734 7.9..4 40.00 RB Volunteer Fire Station
18 Eno Fire and
Emer enc 9896808705 5.11..25 6.49 AR Volunteer Fire Station
19 Caldwell Fire
De artment 9898574171 1.15..26 1.16 AR Volunteer Fire Station
Other Properties
20 Oak Grove
Ba tist Church 9832202192 6.7..346 5.19 AR Church
Attachment 3
~~
ORANGE COUNTY BOARD OF COMMISSIONERS
A RESOLUTION DECLARING A PUBLIC NECESSITY FOR THE ENROLLMENT OF
CERTAIN PUBLIC PROPERTIES AS WIRELESS TELECOMMUNICATION FACILITIES
(TOWER) SITES
WHEREAS, within the County there are areas with little to no existing broadband or
wireless telecommunication service as defined by the North Carolina Broadband Service
Inventory for Orange County, dated June 30, 2009, and
WHEREAS, this has become an impediment to ensuring essential County
communications for several departments including, but not limited to, Emergency Management,
Sheriff, Information Technologies, Building Inspections, and the Health Department as well as
having a negative impacted local residents, and
WHEREAS, one of the stated objectives of the adopted Orange County 2030
Comprehensive Plan is to, "Establish adequate information networks throughout the towns and
County," and
WHEREAS, the County has established a Master Telecommunication Plan (MTP) that
designates properties that are available for the development of wireless telecommunication
facilities, and
WHEREAS, the federal government has made available through the America's Recovery
and Reinvestment Act (ARRA) grant and loan programs to fund the extension of broadband
services into the under- and un-served portions of the nation; and
WHEREAS, there are several County owned properties that are potentially suitable for
the location and/or development of wireless telecommunication facilities, and
WHEREAS, these properties are located in areas of the County where broadband and
wireless telecommunication services are needed, and
WHEREAS, Orange County has interest in extending broadband services into the under-
and un-served portions of Orange County by creating apublic/private partnership.
NOW THEREFORE BE IT RESOLVED, that the County owned properties, as detailed
herein, are hereby enrolled as potential tower locations within the Orange County Master
Telecommunication Plan;
Site
Number Owner PIN TMBL Acres Zonin Descri tion
~ `Northeast Park' along Mincy Road
Oran a Count 9887520801 1.25..3 135.43 AR in association w/ other activities
2 Oran a County 9829408061 2.29..15A 0.22 EC-5 BC Store ve small site
is
3 Cedar Grove Park located on the
Oran a Count 9858841233 2.33..2 39.02 AR east side of NC Hi hwa 86
4 Oran a Count 9871519160 7.19..2A 69.05 RB Millhouse Road ro e
5 The Eurosport Soccer Center
Oran a Coun 9844157438 3.44..3A 34.09 EDD located on West Ten Road
g Lake Orange Reservoir (west of
Oran a Coun 9857642370 2.45..5 156.57 AR the dam
7 Oran a Coun 9870680669 7.18..1A 121.12 CH ETJ Solid Waste Mana ement site
$ Oran a Count 9870774584 7.18..18 5.57 CH ETJ Landfill facili
9 Oran a Coun 9870053117 7.23.C.31 E 49.24 CA ETJ Twin Creek Park
BE IT FURTHER RESOLVED, that the Orange County Board of Commissioners hereby
designates that telecommunication facilities developed on these properties shall be considered
as serving a public necessity to provide broadband and telecommunication services to under
served and un-served portions of rural Orange County; and
BE IT FURTHER RESOLVED, that all, some or none of these enrolled sites may be
constructed, depending of the availability of ARRA broadband grant and loan programs.
This Resolution shall take immediate effect upon adoption.
Upon motion of Commissioner
seconded by Commissioner ,
the foregoing resolution was adopted this the 20th day of May, 2008.
I, Donna S. Baker, Clerk to the Board of Commissioners for the County of Orange, North
Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the
proceedings of said Board at a meeting held on
as relates in any way
to the adoption of the foregoing and that said proceedings are recorded in the Minute Book of
the Board.
WITNESS my hand and the seal of said County, this day of , 2008.
Clerk to the Board of Commissioners