07/08/2003 Minutes - Laserfiche WebLink

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companies can provide service and they are not at 190 feet. Mr. Block said what they show on the coverage map is only the locations in the perimeter that they are on. There are companies co-locating on the CEI tower to the west but if they go on something like that, they end up with a lower location and they are creating a hole to the northeast. Mr. Adams said if there are other companies providing services and they have locations that the applicant has neglected to tell them about, why can't Cingular just add on to one of those towers. Mr. Block said if there was something in the neighborhood they would not be here with the proposal. Mr. Adams asked if there is already a tower up somewhere that they can use. He asked if they even looked into it. Mr. Block said they absolutely looked into other locations. Mr. Adams asked why they don't have an answer to the problem then. Mr. Block said there is no other answer. There was further discussion back and forth and Mr. Spalding said they need to end the conversation. Adclitiorcal Remarks: Mr. O'Malley said he would like to add to the suggestions made by the members of the commission and the audience. He said he see no reason why the Ohio Department of Transportation does not appear before the board as the landowner. He said he believes he heard the applicant say he can get along with 150 feet or less but O.D.O.T. wants 190 feet. Mr. Spalding commented there were 19 items listed on the engineer's report that were not taken care of. Mr. Durbin confirmed that. Mr. Block said the report also indicates they would not have to do anything until after the Planning Commission meeting. He said most of the issues are very addressable. They wanted to wait until they went into a final design. Mr. Spalding said there is a lot of work left to be done. There are other sites that need to be examined based on the comments froin our audience and the board wants to bring the matter to a close at least for tonight. Mr. Block asked if the board can specify a location rather than say locate somewhere else. Mr. Hreha said they are skirting the issue with location. There are at least two other providers giving adequate service to the area that Cingular says they can't provide service to. He said he thinks the solution is not location, the solution is technology and they need to look into that. It is not the board's obligation to provide a way for the residents in the "white area" to get Cingular service. If they can get cellular service then they have done their job for the residents. They do not have to provide them the opportunity to go with one particular provider. He is against the tower. T. Hreha made a motion to deny the proposal. It is not in the best interest of the residents that live in the area and the same service can be provided and is being provided. By voting this down you are not taking technology away from the residents. Mr. Block said that Mr. O'Malley has pointed out that this is a permitted location by code. Mr. Hreha said the motion stands. Mr. O'Malley said he would note this is a recommending body to Council. It does not make a final administrative decision. The board can, and does, make recommendations for changes and can condition approval upon a list of recommendations. It can use its hearings and the Architectural Review Board, another advisory body, to try to work with a development plan to bring about any necessary modifications. He said legal council has been provided to some extend on the federal and state wide issues that are at stake here. Mr. Durbin said that Mr. O'Malley is correct in making the suggestion that O.D.O.T. come in to address the board. He does not believe they are a good landlord because they don't keep up their own properties. Mr. Hreha asked why the board would want to hear from them if that is the case. He said if the applicant wants to request their presence, the board can't stop them. He is against the tower in that location and inviting O.D.O.T. in is going to cause more argument about putting the tower there. Vice Chairman Spalding cllled for a second to the motion. There was no second to the motion. Final Itenzarks: Mr. Lasko explained he could not second the motion because he believes there needs to be more discussion and more homework done to determine where the matter stands with regard to providing cellular service on other towers. He said it would be prudent to bring in O.D.O.T. for a variety of reasons, perhaps just to call them on the carpet for other issues. He said he would prefer to table this matter until they get additional information and other representatives at a future meeting. Mr. Allan said if that was a motion, he would be happy to second that. He agrees with what Mr. Hreha had to say and 8