12/08/1998 Minutes - Laserfiche WebLink

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Mr. Tallon moved to approve the proposal to place wireless communications antenna on top of the existing transinission tower and wireless CO111ri1U111Cat10115 antenna equipment cabinets directly under the tower, the Comriussionei-s will pass this with the conclusion that based on the passage of ordinance 98-130 and 98-131 and tliat this will be in compliance with those ordinances. Also there will either be a fence put in place or that we have a letter fi-om CEI stating reasons why they will not allow a fence. In the framing of the motion Mr. Tallon asked Mr. Dubelko if the City would be held liable. Mr. Dubelko suggested liability is a wide topic, if you are loolcing at tort liability generally speaking under oath chapter 2744 which is a political subdivision tort liability act, Cities are not liable for Plaruung decisions so certainly not you for planning it and making recommendations. Mr. Tallon aslced what about the City itself. Mr. Dubelko suggested that depends if we have to do something else, if the City has a responsibility to maintain it or inspect it, and when you get into the subject of inspections generally the City has immunity fi-om liability associated with inspections so the Cities in pretty good shape as far as that. Who knows what else, it is not City property so it is not City grounds. Mr. Asseff questioned if the letter should be from CEI or First Energy. Mr. Dubellco suggested the Commissioners would want something from CEI that woulcl indicate why they can't permit it. Mr. Dubellco suggested the ordinance provides for security fences no less then 6' feet in height around any facility which touches the ground so under tlus ordinance it would require a fence, and he doesn't thinlc pressing it from the start of other property owners saying for one reason or another they don't want a fence around these tlungs. The Commission needs something strong from CEI indicating a good reason why it interferes with theu- operations. Mr. Tallon reiterated that the Corrunission wants a letter fi-om CEI explaining why they will not allow a fence, and if they wont allow a fence, then it will have to come back to the Platuiing Coirunission because a variance would be needed. 1VV-. Conway suggested sending it on to the Board of Zoning Appeals boat-d then. Mr. Tallon indicated because the Planning Corrunission would want to make a ruling on it. Mr. Conway suggested couldri't that statement be made this evenirig, that you want a fence around it and if there is not one permitted then they have to seek a variance, it seams that you have taken that position. Mr. Tallon indicated they would want to make a suggestion to the Board of Zoning Appeals weather or not the variance should be granted or not. Mr. Dubelko suggested that is getting a little far down the line, your recommendation is fine right now because it is conditioned upon them complying with the ordinances, and if CEI says no way then it is up to the developer to come back here and seek a variance. Possibly propose some alternative to fencing. The intent of the ordinance is for security so there could be some alternatives. An unidentified audience member questioned if there is an antenna on a water tower in Berea then why do they need one here. Mr. Conway indicated it is in site communications you liave to be able to see the antenna for it to be able to wor-k. The audience member questioned if the power emanating from the anteruia would harm the residents. Mr. Tallon indicated the power is ran just to run the equipment in the cabinets, the antenna doesn't use electricity. Tlie Clerk asked the chairman if t11e motion could be restated as there was a lot of discussion dui•ing the fi-aming of the inotion. Mr. Tallon agreed to repeat the motion. Mr. Tallon nloved to accept the proposal to place a wireless communications antenna at tkie top of the existing tl'a17S]I1ISSIOII tower and place wireless communications antenna equipment 8