Minutes 09-05-2013 - Laserfiche WebLink

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terminate the lease prior to the conclusion of the initial term. He said the monthly fee will be a base fee of $1800 per month, with 3% annual increases. He said ATT will be the anchor tenant on the tower, and there will be additional tenants in the future who will also pay a rental fee in the future. He said all of these funds will go toward the Landfill Enterprise Fund, to assist in post closure costs and needs. He said there is a proposed easement, but this is not final. He said the 60 foot easement shown could be difficult and it may not be possible to have a full 60 feet. Michael Harvey said, in this proposed lease, the applicant is responsible for obtaining all permits for the due diligence phase. Karen Kemerait is an attorney in Raleigh, representing American Tower and AT&T. She said AT&T had initially planned to construct on another site that did have some issues, but it came to their attention that there was Orange County property available. She said this was a win-win situation for AT&T and for the County. She noted that the propagation maps show currently available coverage. She reviewed the areas of low coverage, as well as connectivity of the proposed site with other sites. Commissioner Price asked if the lease is 9 or 5 years. John Roberts said there is a typo on this, but the lease is 9 years. Commissioner Price said when she was on the planning board there were discussion about the balloon tests being in the winter versus the summer because of the trees. She asked if this might be the policy for future testing. Michael Harvey said it is not practical and not part of UDO to do these once a year. He noted that these must be done just prior to the public hearings. Commissioner Dorosin referred to the photographs and the labels for view and simulated view. He asked for an explanation of this. Michael Harvey said the view shows the actual blimp itself, and the simulated picture shows a rendering of the actual tower. Commissioner Dorosin asked if these could be marked better in the future. Michael Harvey said this will be done in future submittals. Commissioner Dorosin clarified that the revenue will go to the Solid Waste Enterprise fund. He noted that this is a restricted fund, as far as how the money can be used, and he asked why this money can't be put in general fund. John Roberts said this is because the Solid Waste Enterprise funds purchased the property. He said if the County chose to reimburse Solid Waste Enterprise for the cost of the property, then the income for the lease could go to general fund use. Frank Clifton said the Solid Waste Enterprise funds appear to be insufficient long term for maintaining a landfill, so the reserves offset the demand on the general fund. He said staff felt this was the best choice at this time. Commissioner Dorosin asked if the easement will be paved. Frank Clifton said part of it is already paved, but the additional part will be gravel. Frank Clifton said, in the past, tower applications were only accepted once a year. He said that in an attempt to gain wireless service countywide, companies are now being encouraged to submit applications when it is convenient for them. Commissioner Price referred to the paragraph on abandonment and asked if it is typical for a company to wait 12 months for maintenance on a site. Michael Harvey said this is typical, but the UDO requires the posting of regular bonds in the event that the County has to initiate repair due to issues. John Roberts said the abandonment provision is only in the event that American Towers goes bankrupt. He said the County has to give a timeframe for knowing that the property has been abandoned. NO PUBLIC COMMENT Chair Jacobs asked for clarification on the photo titles that mention "Phelps". Michael Harvey said this was just the original name for the project. Chair Jacobs said this process requires approval of the lease first and then the other boxes are filled out and staff is responsible to make sure this happens.