Chairperson Richard Slee called public hearing from MIOP cell tower application to order.
Present: Slee, Blair, Martinez, Hall
Absent: Kyler, Baker, Slucter
Also present: Jim Foulds, Vern Fountain Consultants, J. Richard Robinson, Attorney

MIOP PUBLIC HEARING:

Pete Preston and Robert Perry of MIOP presented their plan for a 240' self-supporting tower and facility at 10984 Dimondale Hwy at the southern end. They currently have two co-locators ready to go on the tower. They are 1,000' from Dimondale Hwy, 1,200' from Holt Hwy, 900' plus from the King home and to the east is the cemetery. They are close to the woods. They will landscape around the fencing. They shared a letter from Voice Stream showing the need for the 240' [tower height] rather than the 200'.

Martinez asked why they want it so high? Letter [from Voice Stream] was to show need for 240'.

Hall stated that Voice Stream needs the 240'. YES.

Slee asked what the +/- 240' means? Within the 20' range.

No questions from the public present.

Martinez asked about emissions and it was explained that FCC regulates this and there are no hazards when in groups.

Mr. Robinson stated that we are not allowed to deny by emissions as federal standards.

Preston continued with the need by AT&T for 250' usually and Cricket 150'. He also stated that the zoning ordinance lists 200' in administrative approval but none in Special Use Permit.

Mr. Robinson stated that there are three types of approvals for towers. They are: on Township owned land and then only Board okays contract; administrative approved towers and those under SUP. The goal in the ordinance was for fewer towers and higher with co-locators.

When asked if the request can be altered without a new application, the answer was YES if it better serves the township.

Robin Boyd 11063 Dimondale Hwy asked if these towers would interfere with their cell phones, TV, dishes, etc? NO, as they are all on own frequency.

Public hearing closed at 7:22 PM.

SBA PUBLIC HEARING:

Jenifer Crosby and Bill Blood stated that SBA are the tower owners and lease out space. They are proposing a monopole. She stated that the technology is all the same with same coverage. She presented a handout comparing the two requests and discussed the items. She said that they met with Supervisor St. Clair last November and at that time AT&T was interested. They backed out and this spring Cricket approached them. They would lower their request to 200'. They have FAA approval and NEPA reports that she presented. She also stated that the monopole is self-collapsing and has an 83' fall area. They will have barbwire at the top of the fence and the climbing pegs would be removed up to 20'.

Martinez asked if number of acres really matters? NO, just that they could move the tower if needed.

Hall reconfirmed that they have Cricket with written application and AT&T verbal? YES. They would continue to market after approval.

Robert Perry, from MIOP, stated that lattice poles can be strengthened and hold more carriers but same laws apply to all. They are not dangerous. They will do what is best for the community.

Martinez asked how you strengthen the poles? They can add parts while in the field.

Hall confirmed that AT&T and Voice Stream are two different companies. YES.

Bill Blood stated that the monopole will not need to be reinforced but if did they can do it with guide wires. The monopole will hold 5 carries and they have 12 panels plus antenna.

Martinez asked each company how many times they have lost towers. SBA stated they have 3,000 towers and have lost one through storms, etc. MIOP stated they are a smaller, private company so they do not have as many but have never lost one.

Crosby stated that her chart was not for shock value but a comparison sheet and they are trying to meet the intent of the ordinance.

Blood states they had a previous project that requested 340' and local government would only go to 240' so the company took it. So it is possible to negotiate the height.

Slee asked about the terrain in the area on Holt Hwy. It has some hills and trees but not too bad. They would be able to do 3-4.5 mile spacing around here.

Hall asked when lights are no longer needed? Below 199' unless in flight path.

Public hearing closed at 7:39 PM.

Slee called the regular meeting to order.

No public comments.

Minutes of previous meeting were approved.

Blair gave a report from Township Board.

Martinez gave a report from the Enforcement Subcommittee with a handout. This will be on the August agenda.

MIOP SPECIAL USE PERMIT:

J. Richard Robinson, township attorney, gave an overview of what could be done with the two cell tower applications. If both are okay and they conflict due to closeness how do you select one over the other. The Planning Commission could recommend both and send on to Township Board to decide and point out areas of exclusion. The Township Board can waive the separation distance if they decide both are equal. Or, the Board could decide they are not complete and send back to Planning Commission. The first question is how you view them: both favorable or if not deny both. Or you can recommend one over the other. These are hypothetical thoughts.

Martinez restated that the Planning Commission can send one or two for approval and Township Board can waive the separation requirement or they could approve only one. YES. Are there any pluses to being the first one to submit their application? NO, not in our ordinance. Need to do what is best for the township.

Jim Foulds presented his reports on the applications. He stated that both were reviewed under Cell Tower Ordinance #30 and Special Use Permit in the Zoning Ordinance and both are in general compliance and both are complete.

He continued that in the standards for SUP it discussed being harmonious, etc. and the two applications differ here with SBA closer to residential [property] but a monopole [tower]; MIOP is in a remote location but a lattice [tower] which is more visable.

Blair asked about benefits or merits to waive the distance requirements? On personal note that it would be intrusive to allow two so close together. The height is really insignificant as higher means less towers.

Hall asked if we could change the tower heights when forwarded to Board and not in applications? YES. He prefers 199' with no lights.

Robert Perry of MIOP said they could go back to AT&T and Voice Stream and ask about lower towers and let the township know if they would agree to go on board at 199'. He said it is up to the client how high they want and they could come back with them if they need higher.

Blair asked if we should table until more members are present and more information had been received at this meeting so we would have time to study? At next meeting we would have minutes plus the AGS reports.

Hall asked if we could send on to the Township Board to sort out if we approve both? YES.

Blair moved to table both requests until August 8th [meeting]. Died due to lack of a second.

It was asked what the harm would be to delay the decision? Clients would be discouraged but they could go back and tell them.

Robert Perry stated that there is no more to learn and what would be positive about more members present?

Dick Winters from Cricket stated they are on both applications and they have a need for the signal in the area. He stated that both applicants are good and they want to be a good tentant and neighbor. They need to build out aggressively and a month would make a difference to them. They want to be a local service by October 2001.

Martinez asked why [Cricket was] on both applications? There is a need in this area.

Bill Blood stated they offer [to modify MIOP's application to construct] a monopole [tower] and will lower the height and if requested could move the tower on the property. He stated that they are the superior application.

Martinez asked Foulds if he was correct with the concept of both have pluses and minuses. YES.

Robert Perry stated that he has the authority to revise their request to a monopole [tower].

Hall stated that since both are acceptable we should send both to Township Board. Slee feels that the Planning Commission should only send on one for approval.

Blair commented that no one says to do both.

Martinez asked if additional applications are needed to refine for the Board with their verbal changes.

Martinez moved and Blair seconded to recommend to the Township Board that they approve the Special Use Permit for MIOP cell tower on King property on Dimondale Highway. Hall added a friendly amendment that was accepted by Martinez and Blair that the tower be 199' and a monopole. Carried unanimously.

Crosby asked if this was possible, as notices, letters, etc stated lattice and 240' in height? [YES.] Mr. Robinson stated that no impact and both applications are being changed.

SBA SPECIAL USE PERMIT:

It was asked what advantage having 95 acres was with the tower. Because they would have more area they could move it away from residential [property]. But, Blood stated that over a 35' move affects soil and FAA reports and they would need to do new ones.

Hall stated that the problem between the two towers is the distance separation.

Hall moved to recommend approval to the Township Board of the SBA tower as a monopole and 199'. Died due to lack of a second.

Blair moved and Martinez second to recommend to the Township Board to deny the request from SBA for a SUP for cell tower on Marsh property on Holt Hwy due to not being of rural nature as discussed in the AGS report and the recommendation to approve MIOP tower and they are too close. Carried 3-1.

NEW BUSINESS:

NONE

PLANNED UNIT DEVELOPMENTS:

Jim Foulds reported they are still working on the changes requested by Township Attorney and Planning Commission. They will finish and send on to Attorney for review and then present to Planning Commission to set a public hearing.

AUGUST 8th MEETING:

The county I-69 study group will be meeting with us. They will be with us the first 45 minutes of the meeting.

With no further business Blair moved and Hall second to adjourn the meeting. Carried unanimously. Adjourned at 8:34 PM.

Linda Towsley, Clerk