The regular meeting of the Taylorsville-Spencer County Joint Planning and Zoning Commission was held November 2, 2017 at 7:00 p.m. in the meeting room, East Main Street, Taylorsville KY.

Chairman Gordon Deapen called the meeting to order.

Present were Lowry Brown, Gordon Deapen, Teddy Noel, Anthony Travis, and Gary Woods. Absent were Diana Faue, Marsha Mudd, and Dwight Clayton. Also present were Administrative officer Julie Sweazy and Attorney Dudley Dale.

Motion was made by Commissioner Travis and seconded by Commissioner Woods to approve the docket for this meeting, Motion carried with none opposed.

Motion was made by Commissioner Woods and seconded by Commissioner Noel to approve the minutes of the October 19, 2017 meeting with the correction to paragraph five on page one. Motion carried with none opposed.

Committees report:

There was none.

Attorney Dale gave the oath of testimony to those who wished to speak to the commission.

Old Business:

There was none.

New Business:

The application of New Cingular Wireless PCS, LLC, a Delaware Limited Liability Company d/b/a AT & T requesting approval to construct a wireless communications facility on Murphy Lane was heard. Administrator Sweazy explained that David Pike of Pike Legal Group, LLC was present representing New Cingular.

Mr. Pike gave a presentation and binders to each commissioner, staff and councilor. He introduced those in attendance with him: William Mellow, owner; Shawn Moore, expert planner; Glen Katz, Real Estate appraiser; and William Grigsby, license PE.

He explained that the maximum tower height will have to go over 200 feet. They have to propose this height to get the technology to work. He noted the site plan and the set back from the tower. He explained that this is an underserved area. If approved it will greatly increase the area coverage. There are no coexisting location sites in the area. They only build a tower when they have to.

Commissioner Woods questioned if they were going to allow others to coexist.

Mr. Pike answered yes. This is made to serve at least four.

Commissioner Woods questioned if it would be without any interference with their tower.

Mr. Pike’s reply was absolutely. This location will allow us to meet all requirements and setbacks. Mr. Grigsby has certified that this is not in a flood plain. There are three towers within this tower location. This falls within mix usage that this commission has approved. This tower is shorter than some in the community. It meets all requirements except the height requirement. He wanted the commission to look at Section 1504: subsection 4 stating that the commission’s regulations allow them to do that.

Mr. Grigsby explained that the ground elevation of this tower was 814. The actual height of the tower is 257’.

Mr. Pike explained that they have approval from the Federal Aviation Federation.

Commissioner Travis questioned the distance from this height do waves travel.

Mr. Pike explained that for the basic cell phone the radius is four miles.

Commissioner Travis questioned how close you have to be to the tower.

Mr. Pike’s reply was directly under it. There is no shadowing. He discussed the Federal telecommunication Law. He noted that this was part of six circuits. An application like this can only be turned down with substantial evidence. He listed that neither the concerns about what the tower looks like nor considerations of health issues due to radio waves are not substantial evidence.

He gave the commission a copy of the Federal Communication Report as an exhibit. He explained each tab. Tab H: National Health Interview survey—60% of all children live in a wireless household. 50% of all adults live wireless with no land lines. 70% of all emergency calls come from wireless phones. Tab I: Wireless Snapshot 2017 -- fixed wireless local loop. Tab J: First Net – One of the first site built capable of giving 911 calls first priority.

He concluded that this community deserves the very best that is available in the world today. This will have multi co-locations available on it.

Commissioner Travis questioned if it will have a generator.

Mr. Pike’s reply was yes. It will come on in the event of a power failure. It will get tested monthly.

Commissioner Woods questioned if all other towers have to stay at this height.

Mr. Pike replied that each will be different.

Commissioner Brown questioned how different this was from u-verse.

Mr. Pike answered that this provides a high speed internet link verses a cable.

Motion was made by Commissioner Woods and seconded by Commissioner Noel to waive the normal procedures and act upon the application tonight since no opposition was present. Motion carried with none opposed.

Motion was made by Commissioner Travis and seconded by Commissioner Brown to approve the application of New Cingular Wireless PCS, LLC with adjustments in heights. Motion carried with none opposed.

General Questions or Discussion:

Administrator Sweazy explained that there were no applications on the docket for the next meeting.

Motion was made by Commissioner Noel and seconded by Commissioner Brown to suspend with the Nov. 16, 2017 meeting. Motion carried.

Motion was made by Commissioner Travis and seconded by Commissioner Woods to adjourn. Motion carried.


Minutes approved 12/7/17