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LTC 88-2002 ~..: - CITY OF MIAMI BEACH Office of the City Manager Letter to Commission No. ~$?' 2t){);0 m From: Mayor David Dermer and Date: April 1 , 2002 Members of the City Commission Jorge M. Gonzalez \ -~ City Manager () ~ STATUS OF CELLULAR ANTENNAS ON TOWER AT FIRE STATION #2 To: Subject: The purpose of this LTC is to respond to a recent e-mail the Mayor and Commission received from a group called Protect the Children of Miami Beach regarding a status ofthe cellular antennas on the tower at Fire Station #2. As way of background, this issue was discussed at the September 5,2001 Commission meeting when a group of parents and students from Miami Beach Senior High School and the Hebrew Academy requested that the cellular antennas on the tower at Fire Station # 2 be removed. The Commission directed the Administration to look into the situation and report back the findings in the way of a Letter to the Commission. This LTC was sent on November 6, 2001. A copy is attached for your review. Since November, we have contacted the Miami-Dade County School Board to see how they are dealing with this issue in other areas of the County. In the past, the School Board's policy has been to notify parents of students at a particular school in proximity of a cellular site, but not necessarily contact other residents in the surrounding community. In light of the cellular antenna related concerns recently raised in several communities, the School Board is proposing the following changes: (1) notification of neighbors within 500- foot radius of property site; (2) seeking written comments from the community within 10 days of notification; (3) possibly conducting public hearings; (4) requiring that telecommunication companies submit certified reports confirming compliance with FCC regulations and health/safety standards; and (5) creating a Telecommunications Committee which would include input from neighboring schools principals and other school officials. Unfortunately, our contact at the School Board did not have any information on specific recommendations as to acceptable distance separations between cellular sites and schools. There is an additional issue to consider that was not discussed in the November 6 LTC sent to the Mayor and Commission. If the proposed Emergency Operations Center (EOC) is indeed located within Fire Station # 2, then the Federal Emergency Management Agency (FEMA) has indicated that the radio tower where the cellular antenna is currently located, would have to be moved outside the radius of the tower foot print if it were to fall. If so, the tower will have to be relocated to an alternative site within three tenths of a mile of the ~J Cellular Antenna LTC Page 2 existing site, and must have 24-hour accessibility. A list of these alternative sites can be found in the November 6 LTC. The height of the new tower is recommended to be 250 feet high in order to accommodate the new 800M HZ Radio System and provide the best possible coverage. If the EOC is not located within Fire Station # 2, then the current radio tower will satisfy the need of the new 800M HZ Radio System. The Administration is continuing to work to address the issue ofthe cell antennas and radio tower at Fire Station #2 in order to find the best possible location that will cause as little inconvenience to our residents. We will keep the Mayor and Commission updated on this issue as additional details become available. In the meantime, the City Attorney's Office is preparing a cell tower citing ordinance for consideration by the City Commission. If you need any additional information regarding this issue, please feel free to contact me. c: Christina Cuervo Bob Middaugh Patricia Walker Kay Randall Joe Damien Attachment JMG\ri F:\cmgr\aIl\ltc-02.cellantenna.doc , ~: ,. CITY OF MIAMI BEACH Office of the City Manager Letter to Commission No. 0(5/ - dO'} / m From: Mayor Neisen O. Kasdin And Members of the City Commission Jorge M. Gonzalez . ~ City Manager 0"- U CELL ANTENNAS ON TOWER AT FIRE STATION #2 Date: November 6, 2001 To: Subject: This Letter to Commission is in response to questions raised at the September 5,2001 Commission meeting regarding the above subject. In 1998, the City of Miami Beach contracted with Sprint Spectrum, L.P., to site a PCS Transmitter with Antenna on the existing City of Miami Beach Radio Tower located at Fire Station #2, 2300 Pine Tree Drive, Miami Beach, FL. The term of the lease was for five (5) years with automatic renewals for an additional four (4) terms of five (5) years each equaling a total of twenty-five (25) years for the full term of the lease. The City of Miami Beach receives annual rent of$18,000from Sprint Spectrum, L.P., for the initialterm ofthe lease. The City has two options, which can be pursued to relocate the antenna at Fire Station #2: 1. We can exercise the termination provision in the lease by notifying Sprint Spectrum, L.P. in writing, one year prior to the end of the initial term of the lease agreement which occurs on September 8, 2003. An alternative location within three tenths of a mile would then be required by Sprint Spectrum, L.P. 2. We can negotiate with Sprint Spectrum, L.P., to relocate their antenna to an alternative cellular site within three tenths of a mile of the existing Fire Station #2 tower site, with 24-hour accessibility. Joe Damien, the City's Asset Manager, met with Sprint Spectrum, L.P., on November2,2001, to further explore the options and look for alternative sites. These sites included the Bayshore Golf Course, Par 3 Golf Course, Scott Rakow Youth, Center, 27th Street Pump Station Site, Various Convention Center sites, the 21st Street Community Center, various City Hall Sites, the 1 ih Street Parking Garage, the Garden Center, and the Cultural Campus site. Many of the sites were either too close to other cellular antenna sites at Lincoln Road and Washington Avenue, too close to schools, or the sites did not have enough clearance to support their equipment. In order to meet their coverage requirements, and stay as far away from school sites, it appears the most viable location identified was sited at the flagpole location adjacent to the Par 3 Golf Course parking lot (located approximately at 2ih Street and Prairie Avenue). Sprint would be willing to replace the flagpole with a substitute flagpole/cell antenna approximately 70 feet high. The girth of the flagpole would be thicker than the existing flagpole, but they would be willing 10 landscape around it, paint it, and provide nighttime lighting for the flag, if we desired. . ... ,. . Letter to Commission November 1, 2001 Safety of Microwave Cell Antennas Page 2 The City's outside counsel for telecommunications has advised us that the Federal Communications Commission (FCC) preempts local jurisdictions from taking into consideration the potential hazards of radio frequency electromagnetic fields in the tower site process. However, local jurisdictions do have authority to approve the location towers within their jurisdictions based on a number of different criteria, so long as: . Service can ultimately be provided to the public . There is a specific procedure by which service providers can apply for sitings. In the event there is a denial of a siting request, the denial must be in writing. Accordingly, other local jurisdictions have adopted ordinances specifying a carefully customized matrix to take into consideration the individual community's needs and interests and setting forth a process which does not-run afoul of the FCC's mandates. It is important to note that, given the competitive nature of the wireless business, those jurisdictions that do not take care in adopting tower ordinances and/or fail to follow their procedures, have often found themselves in significant litigation over denials of siting requests within their communities. The Administration, therefore, has requested the City Attorney to prepare a cell tower siting ordinance for consideration by the City Commission. In addition, we will request a referral to the Land-Use Committee at our next regularly scheduled Commission meeting. JMG\PDW\MKR F:\CMGR\IAI.L\l.TC-01~doc