[Tower Commission on July 24, 2023.]
[00:00:04]
UH, THIS COMMISSION IS ALL VOLUNTEER, JUST TO LET YOU KNOW.
UM, WE'VE GOT STAFF HERE WHO'S WORKED VERY HARD IN THIS ALL WEEK, AND IT'S, YOU KNOW, FRUSTRATING FOR EVERYONE.
BUT I APPRECIATE YOUR PATIENCE ON IT.
I WAS GONNA OFFER TO HEAR YOU TODAY, BUT HONESTLY, I DIDN'T WANT TO YET TO COME BACK ANYWAY.
WE'VE GOT, UH, IF YOU SEE RIGHT IN FRONT OF YOU, WE HAVE COMMISSIONER CAMPBELL WHO IS AVAILABLE.
AND THEN WE ALSO HAVE COMMISSIONER MEL MELCHER, WHO IS AVAILABLE.
SO WE'RE GOING TO START UP THE MEETING, UH, VIRTUALLY, AND SO YOU'LL BE ABLE TO SEE THEM.
SO WHEN YOU'RE CALLED UP HERE TO SPEAK, I WOULD, UM, IF YOU WANNA HAVE EYE CONTACT WITH THEM, BE, I'D BE MINDFUL THAT YOU'VE GOT US TWO HERE, BUT YOU'VE ALSO GOT PEOPLE HERE WHO CAN SEE YOU SPEAKING WITH HER, I GUESS.
SO, UM, AGENDA WAS LOOKING FOR PEOPLE.
WE'LL CALL THE MEETING TO ORDER.
WE DO HAVE A QUORUM OF COUNCIL MEMBERS.
PARDON ME, OF COUNCIL MEMBERS OF COMMISSIONERS PRESENT.
I'M ROB TODD, I CHAIR OF THE COMMISSION.
UH, MS. SMITH, CAN YOU PLEASE START FROM MY RIGHT WITH YOUR, AND SAY THAT YOU'RE HERE? YES.
PRESENT, KIM MICKELSON FROM THE CITY ATTORNEY'S OFFICE PRESENT, AND THEN VIRTUALLY, UH, YOLANDA AND JOHN, IF YOU CAN, UH, DO A CALL OUT, PLEASE.
YOLANDA CAMPBELL PRESENT AND, UH, JOHN MELCHER PRESENT.
AND WITH THAT, WE DO HAVE A QUORUM CALL, THE MEETING TO ORDER.
UM, DO WE HAVE A SECRETARY'S REPORT? NO, SIR.
I'M HECTOR RODRIGUEZ, ACTING SECRETARY FOR THE TAR COMMISSION AND DIVISION MANAGER OF THE PLANNING DEPARTMENT.
UH, THE TAR COMMISSION MEETINGS ARE HELD WHEN THEY'RE SUPPOSED AGENDA, UH, AND THIS, UH, TODAY WE HAVE TWO WAIVER APPLICATIONS AND A TRAINING FOR THE COMMISSIONERS.
UH, THIS MEETING IS CONDUCTED IN PERSON CITY HALL ANNEX 900 BAGBY.
ALSO, WE CAN LOG IN VIRTUALLY THROUGH MICROSOFT TEAMS, UH, AT OUR WEBSITE, UH, HOUSTON PLANET.COM.
IF YOU HAVE ANY QUESTIONS, YOU CAN CALL THE GENERAL NUMBER AT (832) 393-6600.
UH, THIS CONCLUDES MY, UH, DIRECTOR'S REPORT.
UM, ALL RIGHT, STAFF, YOU MAY PROCEED.
GOOD AFTERNOON, MEMBER MR. CHAIR, MEMBERS OF THE HOUSTON TOWER COMMISSION.
OUR FIRST ITEM ON TODAY'S AGENDA IS ITEM NUMBER TWO.
UH, APPLICATION NUMBER 23 DASH T DASH 0 7 5 8.
THIS IS A TOWER APPLICATION WITH A WAIVER LOCATED AT 1 0 0 1 7 AND TWO THIRDS NORTH ROSSLYN ROAD.
THE SITE IS LOCATED AT THE NORTHEAST INTERSECTION OF NORTH ROSSLYN ROAD AND WOODSMAN DRIVE.
THE APPLICANT IS REQUESTING A WAIVER FOR A TOWER TO BE LOCATED WITHIN A RESIDENTIAL AREA.
THE TOWER IS PROPOSED TO BE 128 FEET IN HEIGHT, MEASURED FROM THE BASE OF THE TOWER.
THE APPLICATION HAS FIVE CRITERIA FOR CONSIDERATION, IS THE TOWER, EXCUSE ME.
IS THE TOWER PROHIBITED BY DEED RESTRICTIONS? IS THE TOWER WITHIN A RESIDENTIAL AREA? IS THE TOWER LOCATED IN A SCENIC AREA OR AN ATTRACTIVE LAND SURROUNDED BY A PARK? IS THE TOWER SET BACK ONE AND A HALF TIMES THE HEIGHT OF THE TOWER FROM THE NEAREST RESIDENTIAL LOT, AND IS THE TOWER WITHIN 1000 FEET OF ANOTHER APPROVED TOWER? STAFF HAS FOUND THAT THIS TOWER APPLICATION IS NOT PROHIBITED BY DEED RESTRICTIONS.
THE TOWER IS IN FACT LOCATED WITHIN A RESIDENTIAL AREA OF ROUGHLY 75%.
THE TOWER IS SET BACK MORE THAN ONE AND A HALF TIMES THE HEIGHT OF THE TOWER, AND THE TOWER IS NOT WITHIN 1000 FEET OF ANOTHER APPROVED CELLULAR TOWER.
WE HAVE NOT RECEIVED ANY OBJECTION TO THIS REQUEST.
THIS CONCLUDES MY PRESENTATION, AND THE APPLICANT IS AVAILABLE FOR QUESTIONS.
[00:05:01]
THANK YOU.UH, WHO'S THE APPLICANT ON THIS? UM, MR. GR? OH, HERE.
THANK YOU, MR. CHAIRMAN, MEMBERS OF THE TOWER COMMISSION.
UH, AND THOSE VIRTUALLY THANK YOU FOR ATTENDING.
I WAS AT A 1 44 SOUTH, UH, BAY COUNTRY COURT IN WICHITA, KANSAS.
I REPRESENT TILLMAN INFRASTRUCTURE, WHO IS A TOWER, UM, BUILDER AND AT AND T WIRELESS WHO WILL BE, UH, THE, UH, APPLICANTS IN THIS CASE.
UH, AT AND T HAS DETERMINED THAT THEY, UH, NEED A TOWER IN THIS AREA.
UM, THERE'S AN APARTMENT COMPLEX ACROSS THE ROAD, UM, BUT ALL OF THE RESIDENTIAL PROPERTY IS, UH, IN EXCESS OF THE, UM, UH, ONE AND A HALF TIMES THE TOWER.
UH, IF YOU MAY RECALL, I WAS HERE A FEW MONTHS BACK AND, AND SHARED WITH YOU THAT THE NEW DIRECTION IN WIRELESS IS TO GET CLOSER TO RESIDENTIAL BECAUSE THAT IS YOUR TARGET.
UH, WHEN I STARTED THIS BUSINESS BACK IN 2000, WE WERE BUILDING 190 TO 250 FOOT TOWERS THAT WERE FOR COVERAGE, UH, JUST TO BLANKET AREAS.
UH, NOW WE ARE BUILDING SHORTER TOWERS, UH, CLOSER TO RESIDENTIAL SO THAT THEY WOULD HAVE ACCESS TO THE AT AND T 5G NETWORK.
UM, THIS TOWER IS, UH, 5G CAPABLE.
IT IS, UH, IN AN AREA THAT IS NEAR RAILROAD TRACKS.
IT IS, UH, HIDDEN FROM THE, UH, RESIDENTIAL AREA TO THE EAST BY SOME TREES.
WE WILL HAVE LANDSCAPING AS WELL.
UH, LAST TIME I WAS HERE, MR. CHAIRMAN, YOU ASKED US TO BE SURE THAT WE, UH, GOT AWAY FROM DIESEL GENERATORS, UH, AND IN THE BUILDING PERMITS OF THE ONES THAT YOU APPROVED, WE GOT RID OF ALL DIESEL.
UH, WE'LL DO NATURAL GAS IF IT'S AVAILABLE.
OTHERWISE, WE'RE DOING PROPANE, BUT WE ARE NOT DOING DIESEL AT YOUR REQUEST.
UM, THIS ONE'S A PRETTY SIMPLE ONE.
I'LL BE GLAD TO ANSWER ANY QUESTIONS.
UH, THE NEXT ONE'S NOT SO SIMPLE, SO I THOUGHT I MIGHT GO THROUGH THIS ONE QUICKLY.
WHICH ONE? YOU BOTH, YES, YOU ARE.
UH, MR. CAMPBELL, DO YOU HAVE ANY QUESTIONS ON THIS? DO YOU HAVE ANY SPEAKING? I, I DO NOT.
I, NO, I DO NOT HAVE ANY QUESTIONS.
THIS IS COMMISSIONER CAMPBELL.
THE POWER CAPACITY
UM, AND, UH, I APOLOGIZE, YOUR CODE DOES NOT REQUIRE, UM, UH, PROPAGATION MAPS, BUT I'VE TALKED TO STAFF AND FROM NOW ON, WE'LL BE SURE TO SUBMIT THOSE.
I DO HAVE THEM FOR THE NEXT CASE, BUT I DID NOT, WAS NOT ABLE TO GET THEM IN TIME FOR THIS ONE.
BUT THIS IS A COVERAGE SITE AS WELL AS A CAPACITY SITE.
MY PERSONAL OPINION, I DON'T WANNA HAVE, I LOVE USE SOMEBODY HERE.
UH, JUST TO LET YOU KNOW, MY POSITION ON DIESEL IS NOT A FORMAL CITY OPINION.
IT'S JUST MY TOTAL PERSONAL OPINION.
YOU, YOU'RE THE CHAIRMAN OF THE TAR COMMISSION.
SO IF YOU HAVE AN OPINION, THEN I WANNA MAKE SURE THAT WE CAN ACCOMMODATE IT WHEN POSSIBLE.
I, I'LL TELL YOU, IT'S, UH, I TEACH THIS TOO.
AND, UM, MY BIGGEST PRIORITY WHEN I'M UP THERE TO MAKE SURE THAT IT'S RUN PROPERLY FROM A GOVERNANCE STANDPOINT, YOU KNOW, THAT'S MY BIGGEST THING UP HERE, IS TO MAKE SURE EVERYONE'S FOLLOWING THE RULES.
AND SO YOU GO AHEAD AND BRING IN DIESEL ALL YOU WANT.
OKAY? IT'S NOT, NOT GONNA, IT'S NOT GONNA AFFECT MY VOTE.
RIGHT? WELL, AND WE CAN DO PROPANE AND THERE ARE, THERE ARE CASES, ESPECIALLY IN HOUSTON WHERE YOU HAVE ISSUES OF, UH, HURRICANES AND THOSE TYPES OF THINGS WHERE IT MAY BE MORE APPROPRIATE.
SO I'VE ASKED THEM TO DO THAT.
THEY'VE ACCOMMODATED IT, SO I APPRECIATE IT.
IT IS FUNNY WHEN YOU, WHEN YOU LIVED IN HOUSTON, I REMEMBER GOING THROUGH HARVEY AND THE PEOPLE IN THE AUDIENCE.
YOU KNOW, YOUR CELL PHONES WORKED FOR ABOUT TWO DAYS, THEN THEY STARTED SHUTTING OFF 'CAUSE THE DIESEL GENERATORS STARTED RUNNING DRY.
AND SO, UH, I LIKE 'EM NOT ONLY FOR POLLUTION, BUT I LIKE 'EM ALSO 'CAUSE THERE'S BETTER STEADIER SUPPLY.
UH, DO WE HAVE A MOTION ON THIS ITEM? MS. SMITH, DO YOU HAVE A MOTION ON THIS ITEM? MOTION TO APPROVE.
WE HAVE A MOTION TO APPROVE MS. SMITH.
UH, DO WE HAVE A SECOND? SECOND MELCHER.
NOW LET'S GET ON THE ITEM THAT EVERYONE'S HERE FOR TODAY,
JUST A SMALL CORRECTION, UH, IN YOUR AGENDA.
BOTH OF THESE ITEMS SHOW UP AS 23 DASH
[00:10:01]
T DASH 0 7 5 8, BUT THIS IS IN FACT 0 7 5 9.UM, THIS TOWER IS LOCATED AT 1 8, 2 0, AND TWO THIRDS WEST 43RD STREET.
THE TOWER IS LOCATED NORTH AND ALONG WEST 43RD STREET, JUST WEST OF ROSSLAND ROAD AND EAST OF DONNA BELL STREET.
THE APPLICANT IS REQUESTING A WAIVER FOR A TOWER TO BE LOCATED WITHIN A RESIDENTIAL AREA AND A FALL ZONE.
THE PROPOSED TOWER IS 145 FEET IN HEIGHT, MEASURED FROM THE BASE OF THE TOWER.
THIS APPLICATION INCLUDES FIVE, FIVE CRITERIA FOR CONSIDERATION.
IS THE TOWER PROHIBITED BY DEED RESTRICTIONS? IS THE TOWER LOCATED WITHIN A RESIDENTIAL AREA? IS THE TOWER LOCATED IN A SCENIC AREA OR ON A TRACT LAND SURROUNDED BY A PARK IS THE TOWER SETBACK ONE AND A HALF TIMES THE HEIGHT OF THE TOWER FROM THE NEAREST RESIDENTIAL LOT.
AND IS THE TOWER WITHIN 1000 FEET OF ANOTHER APPROVED CELLULAR TOWER? STAFF HAS FOUND THAT THIS TOWER APPLICATION IS NOT PROHIBITED BY DEED RESTRICTIONS.
THIS TOWER IS IN FACT LOCATED WITHIN A RESIDENTIAL AREA OF 86%.
THE TOWER IS NOT WITHIN A SCENIC AREA OR ON ATTRACTIVE LAND SURROUNDED BY A PARK.
THE TOWER IS NOT SET BACK ONE AND A HALF TIMES THE HEIGHT OF THE TOWER TO THE NEAREST STRUCTURE.
THE RESIDENTIAL FALLS ZONE IS 217 FEET, AND THE TOWER IS LOCATED ROUGHLY 104 FEET FROM THE NEAREST RESIDENTIAL STRUCTURE.
AND FINALLY, THE TOWER IS NOT WITHIN 1000 FEET OF ANOTHER APPROVED TOWER, MR. CHAIR, WE HAVE RECEIVED OPPOSITION FROM NEARBY RESIDENTS IN THE AREA, AND MANY HAVE SIGNED UP TO SPEAK TODAY.
THE COUNCIL DISTRICT C UH, ABBY CAYMAN'S OFFICE HAS ALSO REACHED OUT WITH SUPPORT FOR THE NEIGHBORS IN OPPOSITION OF THE TOWER.
THIS CONCLUDES MY PRESENTATION, AND THE APPLICANT IS AVAILABLE FOR QUESTIONS.
MR. CHAIR, THERE'S ALSO AN ENGINEERING LETTER FOR THE FALL ZONE LOCATED IN YOUR PACKET.
AND I WANNA KEEP IN MIND, WE ALSO MAY HAVE VIRTUAL SPEAKERS ON THIS ITEM.
THAT CONCLUDES MY PRESENTATION.
UM, YES, I'D LIKE TO, I'D LIKE TO HEAR FROM THE APPLICANT AND FOR THE PEOPLE IN THE AUDIENCE, JUST TO LET YOU KNOW, UH, OUR CELL TOWER ORDINANCE WAS WRITTEN SO LONG AGO THAT I HAD DARK HAIR WHEN IT WAS WRITTEN.
AND SO WE CAN ONLY DO WHAT THE ORDINANCE ALLOWS US TO DO.
WE CAN ONLY, I I DON'T KNOW IF, UH, IF ANYBODY CAN HEAR HIM.
ROB, CAN YOU GUYS HEAR ME IN THE BACK OF THE ROOM? NOW? WE CAN, COULD YOU HEAR ME BEFORE? YOU COULDN'T HEAR ME BEFORE.
YOU WENT ON MUTE ABOUT THE WRITTEN DURING THE JURASSIC AREA, LET CUT OUT FOR THE, FOR THE PEOPLE WHO WERE APPEARING VIRTUALLY.
AND YOU COULDN'T HEAR ME BEFORE.
WHAT I WAS SAYING IS THAT THE COMMISSIONERS ON THIS, UH, ON THIS COMMISSION, THAT OUR ONLY AUTHORITY IS TO USE THE ORDINANCE THAT WE HAVE.
AND SO WE CAN'T GET INTO THE AREAS THAT ARE OUTSIDE THE ORDINANCE.
AND SO, UH, HEALTH ISSUES WE'RE ACTUALLY BARRED BY FEDERAL LAW FROM GETTING INTO THAT TOO FAR.
UM, AND SO WE DON'T REALLY HAVE A LOT OF AUTHORITY ON IT.
UH, YOU KNOW, THAT THAT'S A FEDERAL THING.
BUT THAT BEING SAID, YOU KNOW, WE'RE INTERESTED IN EVERYTHING ELSE YOU HAVE TO SAY.
UH, A LOT OF US LIVE IN, YOU KNOW, IN THIS AREA AND WE'RE FAMILIAR WITH IT.
SO, YOU KNOW, I'M GONNA HEAR EVERY ONE OF YOU WHILE YOU'RE HERE TODAY, RIGHT? CERTAINLY.
WOULD YOU LIKE TO PROCEED? IF YOU'RE READY, MR. CHAIRMAN? UH, LEMME HANG ON JUST A SECOND.
IF, IF I MAY ADD, TECHNICALLY WE'RE NOT BARRED BY FEDERAL LAW.
WE'RE, WE'RE BARRED BY FCC RULEMAKING, BUT THE FCC IS IN CHARGE OF THE WIRELESS INDUSTRY.
THEY ARE THE ONES THAT HAVE, UH, UH, REGULATORY AUTHORITY.
UH, SO THINGS LIKE, UH, HEALTH ISSUES, WE ARE BARRED FROM DISCUSSING THAT WE CAN'T, WE'RE NOT ALLOWED TO, TO, UM, TO ENTERTAIN, UH, THOSE TYPES OF ISSUES.
BUT WE CAN CERTAINLY ENTERTAIN, UH, EVERYTHING THAT THE ORDINANCE ALLOWS.
WOULD YOU LIKE TO PROCEED? CERTAINLY.
MR. CHAIRMAN, MEMBERS OF THE TAR COMMISSION, AGAIN, MY NAME IS GREG FERRIS.
UM, I REPRESENT, UH, TILLMAN INFRASTRUCTURE WHO WILL BUILD THE TOWER AND OWN THE TOWER AND AT
[00:15:01]
AND T WIRELESS WHO WILL BE LOCATED ON THE TOWER WITH THEIR ANTENNAS.UH, AT AND T HAS DETERMINED, UM, THAT THEY HAVE A NEED FOR A TOWER IN THIS AREA.
UM, I BELIEVE THAT YOU SHOULD HAVE PROPAGATION MAPS FROM AT AND T AND YOU WILL SEE THAT, UM, THE RF ENGINEER THAT DESIGNED THESE HAS OUTLINED AREAS WHERE THEY HAVE A, UH, UH, A A SHORTAGE OF COVERAGE.
AND WHAT, WHAT, AS YOU LOOK AT THAT MAP, WHERE YOU SEE THE WHITE, UM, THAT'S, UH, BASICALLY NO COVERAGE.
I'M GONNA, I'M GONNA HAVE, I'M GONNA GRAB WHAT I HAVE OF HERE AND HAND 'EM OUT TO THE AUDIENCE SO THEY CAN SEE IT DIRECTLY.
ALSO BE ADVISED THAT IT'S NOT IN OUR, THE PROPAGATION.
UM, AS YOU CAN SEE, THERE'S AREAS, UH, BEFORE COVERAGE WHERE THERE'S SIGNIFICANT AMOUNTS OF WHITE AREA, UH, THAT, THAT TURNS INTO, UH, INTO AREAS OF, UH, YELLOW AND ORANGE.
ORANGE IS THE KIND OF THE MINIMAL, UM, IN-BUILDING COVERAGE THAT AT AND T IS SEEKING.
UM, AND SO THIS IS THE REASON THAT THEY, UH, NEED A TOWER IN THIS AREA.
UM, I HAVE, THIS IS A LITTLE UNUSUAL.
I HAPPEN TO HAVE DONE THE INITIAL SITE ACQUISITION FOR THIS TOWER, AND WE ACTUALLY DID NOT FIND THE LOCATION FOR THIS TOWER.
UH, WHEN I WENT THROUGH IT, UM, THEY CAME BACK AND HAD A DIFFERENT COMPANY COME IN AND THEY LOCATED IT.
SO I WASN'T FAMILIAR, UH, WITH THE SITE ACQUISITION PROCESS AFTER I WAS FINISHED.
I DO KNOW THAT THIS WAS A DIFFICULT SITE TO FIND A LOCATION FOR AT AND T AND THAT'S, UH, WHY IT ENDED UP WHERE IT WAS.
UH, ONE OF THE THINGS THAT IS IN YOUR ORDINANCE IS THE ONE AND A HALF, UH, OR IS IT ONE AND A HALF OR DOUBLE IN YOUR ORDINANCE? ONE AND A HALF TIMES THE TOWER HEIGHT.
UM, AND, AND YOU, THAT ORDINANCE WAS PROBABLY WRITTEN BACK IN THE DAYS WHEN WE HAD A LOT OF GUY TOWERS AND, UM, WERE FREIGHT TOWERS WERE GONNA FALL OVER.
UM, MONOPOLES DON'T FALL OVER.
THEY CER CERTAINLY DON'T FALL OVER FROM THE BASE.
UM, AND I PROVIDED YOU WITH A, UM, FALLS ZONE LETTER FROM, UH, A, UH, CERTIFIED, UH, TEXAS ENGINEER.
UH, ONCE HE STAMPS AND SIGNS THIS, UH, YOU KNOW, HE IS BASICALLY SWEARING UNDER OATH, UH, THAT THIS TOWER WILL NOT FALL OUTSIDE OF 47 FEET, UH, WHICH IS THE, UH, UH, DISTANCE TO THE PROPERTY LINE.
UH, SO THAT'S, I THINK THAT'S AN IMPORTANT THING TO, UH, TO CONSIDER.
AND WE DO NEED TO TRY TO LOCATE, UH, IN AREAS CLOSE TO, UM, RESIDENTIAL AREAS.
AND THAT IS THE REASON WHY WE'LL ALMOST ALWAYS BE UP HERE WITH A, UH, UH, AT LEAST THE RESIDENTIAL AREA, UM, WAIVER.
UM, THIS ONE HAPPENS TO HAVE BOTH NOT, UH, AS THE PREVIOUS ONE JUST HAD, JUST THE RESIDENTIAL AREA.
UM, IT WILL BE A MONOPOLE, IT WILL, UM, BE SET BACK IN THE TREES IN THE CORNER OF THE NORTH, UH, WEST CORNER OF THE PROPERTY.
AND, UM, I'D BE GLAD TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE.
YEAH, I WOULD LIKE TO GO BACK TO THE, UM, THE, UM, THE RF COVERAGE, IF WE CAN.
CERTAINLY ON THE DOCUMENT CAMERA YOU HAVE, IF I'M LOOKING AT THIS APP CORRECTLY, AND I
I'M ASSUMING, UM, WE HAVE A LOT OF SPEAKERS HERE FOR THE RESIDENTIAL AREA.
UM, WHERE IS, CAN YOU DEPICT THE CLOSEST? UH, OH, I THINK YOU DID.
SO WE'RE NOT WITHIN A THOUSAND FEET OF ANOTHER TOWER.
AND WHAT YOU'LL SEE, UH, ON THE PROPAGATION MAPS ARE THE EXISTING AT AND T TOWERS.
AND AS, UH, I PROBABLY SHOULD HAVE POINTED THIS OUT, AND ONE OF THE THINGS THAT HAPPENS, THERE ARE TWO THINGS.
WE'RE TRYING TO ENHANCE COVERAGE, BUT AS YOU SEE THE, BASICALLY THE CIRCLE OF TOWERS AROUND THIS TOWER, UH, WE ARE ALSO OFFLOADING CAPACITY FROM THOSE TOWERS.
SO WHAT HAPPENS, IT'S KIND OF A, NOT SPOKEN A LOT OF IN THE INDUSTRY, BUT EACH TOWER HAS A LIMITED NUMBER OF CALLS, UH, THAT WILL GO THROUGH THAT RADIO EQUIPMENT AT ANY ONE TIME.
THAT'S WHY YOU MAY HAVE FOUR BARS AND NOT BE ABLE TO MAKE A CALL BECAUSE YOU HAVE A SIGNAL STRENGTH, BUT YOU HAVE NO ACCESS TO THE RADIO.
[00:20:01]
THAT IS THE REASON WHY, UM, IN ESPECIALLY IN A URBAN CITY, THE SIZE, UH, AND DENSITY OF HOUSTON, UH, THAT WE ARE LOOKING FOR, UH, CAPACITY SITES TO OFFLOAD.AND AS YOU SEE HERE THAT THE PROPOSED TOWER IS NEARLY RIGHT IN THE CENTER.
UH, IF YOU LOOK UP INTO THE LEFT ON YOUR MAP, THAT KIND OF, THAT WHITE AREA, THAT'S THE ONE YOU JUST APPROVED.
UH, SO THAT WILL BE KIND OF THE COMPLETION OF THAT CIRCLE, UH, AROUND THIS TOWER.
SO, UH, IT, IT WAS A VERY GOOD POINT, UH, TO BRING UP THE EXISTING TOWERS.
UH, WE ARE, THOSE ARE THE TOWERS WE'RE ALREADY ON.
THOSE AREN'T JUST TOWERS THAT ARE THERE.
AND THE PROPOSED TOWER SITE IN THE, UH, AERIAL PHOTO IS THE, UM, THE, THE, UH, GRASSY TREE LINED AREA, WHICH WOULD BE, UM, CLOSEST TO THE STORAGE BUILDINGS.
YES, IT'S UP, UH, IN THE NORTH, UH, WEST CORNER, JUST, UH, A LITTLE BIT SOUTH AND WEST OF THE STORAGE BUILDINGS.
IT'S NOT THE PROPERTY OF THE STORAGE BUILDINGS THOUGH, THOUGH.
THE PROPERTY OWNER IS ACTUALLY THE PROPERTY, UH, OF THE, UM, UH, THE, THE LONG NARROW BUILDING TO THE, UH, SOUTH AND EAST.
AND I'M SURE THAT AFTER SPEAKERS, THERE'LL BE QUESTIONS.
I'M CERTAINLY, UH, HERE, I'VE SPOKEN TO SOME OF 'EM ON THE PHONE.
UH, I'LL TELL YOU THAT THEY'VE ALL BEEN VERY POLITE AND NICE TO SPEAK TO.
I HOPE I, THEY FEEL I'VE BEEN THE SAME.
UM, YOU KNOW, MY, UH, MY GOAL WHEN I TALK TO PEOPLE IS TO GIVE AS MUCH INFORMATION AS I CAN AND WE DON'T TRY TO HIDE ANYTHING.
SO I'LL BE HERE IF YOU HAVE ANY QUESTIONS.
ARE WE DONE WITH, UH, WE MAY, WE MAY CALL YOU BACK, BUT WE'LL DECIDE FOR NOW.
LET'S, I WANT TO, WE ALL WANT TO HEAR WHAT THE CITIZENS HAVE TO SAY.
SO, UM, I HAVE NO PARTICULAR ORDER ON THESE.
CAN Y'ALL RAISE YOUR HANDS AND LET ME KNOW WHO'S ON AT AND T? SO ABOUT 40%, IS THAT ACCURATE? ABOUT 40, YEAH.
ROSS HEER, IF I PRONOUNCE IF I MISPRONOUNCE IT.
HE HEER? NO, THAT'S, THAT'S CORRECT SIR.
IS THIS THE CORRECT DISTANCE? OKAY.
UM, MR. COMMISSIONER, EVERYONE ELSE HERE.
ROSS HEER, I RESIDE AT 4 3 1 8 DONNA BELL LANE.
SO IF YOU LOOK ON THE MAP, IT'S THE CORNER OF DONNA BELL AND WHERE BRIBERRY COME TOGETHER, I'M PROBABLY, I DON'T KNOW, THREE OR 400 FEET OFF OF THE PROPOSED SIDE OF THIS.
I'M NOT GONNA BE LONG-WINDED HERE.
IT'S AGAINST THE CODE FOR HOW CLOSE IT CAN BE TO RESIDENTIAL BUILDINGS.
I KNOW THAT'S WHAT THEY'RE TRYING TO GET A WAIVER FOR.
AND THERE'S A FAMILY OF FIVE THAT LIVES PRETTY MUCH DIRECTLY BELOW WHERE THEY'RE TRYING TO PUT IT.
SO I DON'T REALLY AGREE WITH IT.
AND WE RECEIVED A WHOLE LOT OF SIGNED AFFIDAVITS.
I DON'T KNOW IF THOSE WERE SIGNED IN.
I THINK LUCY SUBMITTED THOSE ALMOST 150, UH, FOLKS AROUND THE NEIGHBORHOOD.
UM, SO THAT'S REALLY ALL I HAVE TO SAY IS THAT IF YOU WERE CONCERNED WITH WHAT THE ORDINANCE SAYS AND HAVE TO GO BY THAT, EVEN IF IT IS OUTDATED, THAT'S THE LAW OF THE LAW.
SO THAT IS, THAT'S ALL I HAVE TO SAY.
JOHN, YOU WANT TO, CAN WE, CAN WE GET, UH, THE SPEAKERS ON CAMERA NOW AS OPPOSED TO THE DOCUMENT CAMERA? OH, OKAY.
UM, JUST A POINT OF CLARIFICATION.
UM, UH, AND I, I, I GO BACK TO WHEN THIS ORDINANCE WAS WRITTEN.
I WAS ONE OF THE, THE, UH, ONE OF THE MANY, MANY AUTHORS, SO I, I CAN'T TAKE CREDIT, BUT I SHOULDN'T HAVE TO TAKE BLAME EITHER.
BUT
NOW, THIS IS THE FIRST ONE IN A LONG TIME WHERE HAD EN LARGE OBJECTION FROM THE
THE ORDINANCE DOESN'T SAY YOU CAN'T DO IT, THE ORDINANCE SAYS THE COMMISSION MUST CONSIDER AND YOU CAN APPLY FOR WAIVER FOR IT.
SO THE ORDINANCE DOESN'T FLAT OUT SAY YOU CAN'T DO IT, IT JUST SAYS THESE ARE THE CONDITIONS THAT THE COMMISSION MUST TO CONSIDER IN, UH, AUTHORIZING A WAIVER.
SO, JUST AS A POINT OF CLARIFICATION, I JUST WANNA MAKE SURE YOU KNEW THAT THERE WAS NO HARD AND FAST UH, NO ON THE THING.
IT'S JUST HOW DO YOU HANDLE THE, UH, THE WAIVER APPLICATIONS.
UH, ANYWAY, THERE'S OTHER PEOPLE THAT ARE WANTING TO SPEAK OUT.
CERTAINLY WANNA HEAR FROM, FROM AS MANY AS WE CAN.
THANK YOU FOR THE CLARIFICATION.
[00:25:05]
HELLO.WHAT I HAVE TO SAY IS CONCERNS WITH HEALTH.
YOU CAN GO, YOU CAN GO AHEAD AND SPEAK ON IT, BUT WE'RE, WE'RE STILL LIMITED.
LIMITED IN WHAT WE CAN CONSIDER ON HEALTH.
WELL, CAN I GIVE MY TWO MINUTES TO CHANCE SO HE GETS FOUR MINUTES? NO, JUST YOU, YOU CAN SPEAK THOUGH.
I I, I I ONLY HEAR WHAT HE HAD TO SAY.
WELL, WITH THE PROBLEM WITH HAVING CELL PHONE TOWERS TOO CLOSE TO YOUR HOMES, THE WORLD HEALTH ORGANIZATION WHO HAS ALREADY DETERMINED THAT RADIO FREQUENCY, THE RF RADIATION, THE TYPE OF RADIATION ADMITTED BY CELL PHONE TOWERS IS LIKELY CARCINOGENIC, WHICH MEANINGS CAN CAUSE CANCER.
AND, UM, SORRY, I'M JUST A LITTLE NERVOUS.
AND IT ALSO, UH, AFFECTS WITH INFERTILITY.
UM, IT ALSO AFFECTS CHILD DEVELOPMENT.
AND LIKE, UM, MY, UH, NEIGHBOR WAS SAYING THERE'S A FAMILY, UM, A FIREMAN AND HIS FAMILY THAT LIVE RIGHT BEHIND THAT THEY HAVE CHILDREN.
I MEAN, IT'S, I LIVE ON DE MILO STREET RIGHT THERE WITHIN 500 FEET OF IT.
I MEAN, IT'S DANGEROUS FOR ALL OF US.
I MEAN, NOT ONLY THE MISCELLANEOUS HEALTH ISSUES THERE IS, IT CAUSES IRRITATION OF BRAIN CELLS, CHANGES IN YOUR DNA SLEEP DISORDERS, NAUSEOUSNESS, DEPRESSION, NEUROLOGICAL PROBLEMS, POOR CONCENTRATION, FATIGUE, LOSS OF LIBIDO, DIZZINESS AND IRRITABILITY.
UM, AND THE OTHER DISADVANTAGES ARE, ARE PROPERTY VALUES.
NOT ONLY IS IT AN I I'M SORRY, SOMEHOW SHE GOT MUTED.
THE SPEAKER GOT MUTED ON OUR END.
UH, THE, UM, THE HEALTH ISSUES THAT YOU'VE RAISED ARE, WE CAN'T CONSIDER 'EM.
AND, AND IT'S NOT THAT WE'RE BEING INDIFFERENT, WE JUST LEGALLY CAN'T CONSIDER 'EM.
UM, SO MA'AM YEAH, I, I COULD ADD TO THAT.
I MEAN THE, YOU KNOW, CONSTRUCTION AND PLACEMENT OF TOWERS IS SOMETHING AS I THINK COMMISSIONER MELCHER, UM, ALLUDED TO AT THE BEGINNING THAT'S REGULATED BY THE FEDERAL GOVERNMENT.
AND THE FEDERAL GOVERNMENT HAS SPECIFICALLY SAID THAT, UM, HAS, HAS PASSED RULES THAT CITIES CANNOT CONSIDER THESE TYPES, THESE ISSUES THAT THEY REGULATE THE SAFETY OF TOWERS AND THE HEALTH IMPACTS.
AND SO THAT'S SOMETHING THAT CAN'T BE HANDLED BY A LOCAL GOVERNMENT.
THERE WERE ZONING ORDINANCES IN CITIES THAT WERE ZONED, UM, THAT PROHIBITED TOWERS.
AND, AND SO THE FEDERAL GOVERNMENT EVENTUALLY HAD TO STEP IN MM-HMM
SO IT MAKES THAT PART OF THAT DIFFICULT HERE.
SO, SO WE'RE, WE'RE NOT THAT'S WHAT, WE'RE NOT DISREGARDING WHAT YOU'RE SAYING.
WE JUST, WE HAVE TO KIND OF FILTER WHAT WE CAN REMEMBER.
ALL RIGHT, MR. MARSHALL CHANCE MARSHALL? YES.
COMMISSIONER AND I HAD SUBMITTED A NUMBER OF EXHIBITS, UH, LAST WEEK.
I DON'T KNOW IF THE, THE COMMISSION RECEIVED THEM.
IF YOU HAVE EXHIBITS WITH YOU THAT YOU WANT FOR US TO CONSIDER, YOU'RE WELCOME TO IF YOU HAVE COPIES.
UH, I'VE GOT BLOWN UP VERSIONS OF THEM THAT I CAN, UH, HOPEFULLY, HOPEFULLY THE COMMISSION WILL BE ABLE TO SEE.
CAN WE SEE 'EM ON THERE? YOU THINK? I CAN?
[00:30:18]
THANK YOU.TO START OFF, UH, ALL DUE RESPECT TO COMMISSIONER MELCHER, BUT THE, THE ORDINANCES ARE CLEAR THAT THIS SAYS A TOWER PERMIT SHALL NOT BE APPROVED.
UH, YES, THIS IS THE PETITION FOR THE WAIVER, BUT IT IS LESS OF AN ISSUE ON WHETHER OR NOT IT SHOULD BE CONSIDERED, UH, BUT MORE SO AN ISSUE OF WHETHER OR NOT IT SHALL NOT BE APPROVED.
UH, AS WE'VE ESTABLISHED, THIS DOES VIOLATE TWO ORDINANCES.
UH, AND THESE ORDINANCES ARE IMPORTANT BECAUSE THEY CREATE THAT FALL ZONE AS SEEN IN THE FIRST EXHIBIT, EXHIBIT ONE, THE, THERE ARE AT LEAST NINE RESIDENTIAL PROPERTIES, INCLUDING THE ENTIRETIES OF HOMES THAT FALL WITHIN THIS FALL OR THAT LIE WITHIN THIS FALL ZONE.
UH, I KNOW THERE'S BEEN SOME TESTIMONY GIVEN REGARDING WHETHER OR NOT HOW THIS TOWER MIGHT FALL IF IT WERE TO FALL.
BUT THE, THE FACTS ARE THAT THESE HOUSES ARE ENTIRELY WITHIN THE FALL ZONE.
UH, THE EXHIBITS TWO, THREE, AND FOUR SHOWS.
AGAIN, WHY THESE ARE IMPORTANT.
THERE HAVE BEEN A NUMBER OF TOWERS, INCLUDING EXHIBIT NUMBER FOUR THERE, WHICH IS SPECIFICALLY FROM LAS VEGAS, NEVADA, IN WHICH STRONG WINDS BLEW OVER, UH, A MONOPOLE TOWER LIKE THIS.
UH, EXHIBITS TWO AND THREE ARE TOWERS THAT GOT BLOWN OVER IN ALABAMA FROM A HURRICANE AND ARKANSAS FROM A TORNADO.
AS WE GET INCREASINGLY SEVERE AND INCREASINGLY MORE OFTEN STORMS, THIS IS JUST GONNA BE MORE AND MORE OF AN ISSUE MOVING FORWARDS.
UH, BUT THE MAIN ISSUE IS THIS IS A, A SOLUTION IN SERVICE OF A PROBLEM TIME.
MR. CHAIR, IT'S UP TO YOU TO EXTEND THE SPEAKER'S TIME.
WE'D LIKE TO HAVE ANOTHER, YOU'VE SEEM TO SPEAK FOR SOME OF THE PEOPLE HERE.
DO YOU WANT ANOTHER EXTRA MINUTES? YES, SIR.
THIS IS ESSENTIALLY A, A SOLUTION IN SERVICE FOR, OF A SOLUTION IN SEARCH OF A PROBLEM.
UH, THE EXHIBIT NUMBER FIVE, THERE IS A MAP OF THE EXISTING CELL TOWERS.
UH, THERE ARE ALREADY NINE TOWERS IN ROUGHLY ONE MILE DISTANCE OF THIS, INCLUDING AT AND T TOWERS.
UH, ONE OF THEM IS 3,500 FEET AWAY.
ANOTHER ONE IS 6,600 FEET AWAY.
WELL, YES, THEY ARE IN EXCESS OF THE THOUSAND FEET THAT THE, THE COMMISSION MAY LOOK INTO.
THESE ARE STILL VERY CLOSE TOWERS.
THERE'S NO EVIDENCE THAT PEOPLE ARE HAVING TROUBLE GETTING SIGNAL.
THERE'S NO TROUBLE WITH GETTING EMERGENCY SERVICES THERE.
BUT THE, THE BIGGEST ISSUE HERE IS THAT THE COMMUNITY IS AGAINST THIS.
UH, WE'VE SUBMITTED, UH, SIGNED AFFIDAVITS FROM 11 INDIVIDUALS WHO LIVE WITHIN THE FALL ZONE SAYING THAT THEY OPPOSE THIS BECAUSE OF THE HAZARDS THAT IT POSES TO THEM AND THEIR HEALTH IN CASE THIS TOWER WERE TO FALL.
AND THEN WE HAVE ANOTHER 130 INDIVIDUALS WHO HAVE SUBMITTED, SIGNED AFFIDAVITS FROM THE COMMUNITY, UH, SAYING THAT THEY OPPOSE THIS.
AND SO THE, THE FACT OF THE MATTER IS THE PEOPLE WHO THIS IS GONNA IMPACT, MOST DON'T WANT IT THERE.
DO YOU HAVE ANY QUESTIONS FOR HIM? I WANTED TO RECALL THE APPLICANT TO TALK ABOUT THE FOUNDATION OF THIS IN THE FALLS ZONE ASPECTS.
UH, SO YOU GUYS DON'T HAVE ANY ISSUE WITH, UH, CELL SERVICE? NO ONE.
ANY OTHER QUESTIONS FROM THE, THE COMMISSION? ALL RIGHT.
DID YOU HAVE A QUESTION, MR. CHAIRMAN? YEAH.
HOW DEEP IS YOUR CONCRETE ON THIS? UH, IT VARIES DEPENDING ON THE SOIL.
THEY'LL DO SOIL SAMPLES, BUT ANYWAY, THEY, THEY USUALLY GO DOWN ANYWHERE FROM 25 TO 45 FEET OF CONCRETE.
UM, AND THEN IT'S, THEN THE BOLTS ARE, YOU KNOW, GENERALLY ABOUT THIS BIG ROUND AND BOLTED INTO THE CONCRETE.
UM, I MEAN, YOU, YOU HAVE AN ENGINEER WHO HAS EVALUATED THIS AND PUT HIS REPUTATION ON THE LINE THAT, THAT, UH, UH, SAYS THIS TOWER'S NOT GONNA FALL OVER FROM THE BASE FOR SURE.
UH, AND, BUT I I, I, I'M NOT HERE TO ARGUE WITH THEM.
I'M HERE TO, JUST TO GIVE YOU INFORMATION AND FACTS.
I WAS JUST ASKING HOW MUCH CONCRETE IS THERE.
UM, AND THEN, UH, FOR, UH, FOR THE CAPACITY ISSUES YOU MENTIONED YOU'RE DISCUSSING EARLIER THAT, UH, EACH CELL TOWER CAN ONLY HANDLE A CERTAIN NUMBER OF CALLS.
THAT INCLUDES 9 1 1 CALLS, RIGHT.
UM, ONE OF THE, ONE OF THE THINGS THAT IS HAPPENING NOW WITH THE NEW AT AND T TOWERS IS THE, UH, FIRSTNET SERVICE.
UM, YOU'VE HAD BAD WEATHER AND, YOU KNOW, YOU SOMETIMES CAN'T USE YOUR CELL PHONE BECAUSE JUST YOU HAVE BARS, BUT THERE'S JUST TOO MANY PEOPLE ON IT.
WELL, FIRST RESPONDERS WERE HAVING THAT SAME ISSUE.
[00:35:01]
PUT OUT A, UH, A PROGRAM CALLED THAT'LL, AND AT AND T WON THE BID TO DO FIRSTNET.AND WHAT THAT MEANS IS THAT ALL FIRST RESPONDERS, UM, THE CITY AND OTHER FIRST RESPONDERS COUNTY CAN LOG INTO A SYSTEM IF THEY, IF THEY WANT TO.
THAT, UH, IS SEPARATE ON OUR TOWERS NOW, FROM YOUR REGULAR.
SO, SO YOU MIGHT HAVE PROBLEMS WITH 9 1 1 OR SOMETHING IF IT'S OVERLOADED WITH CAPACITY.
BUT NOW WITH FIRSTNET, UH, FIRST RESPONDERS NO LONGER WILL HAVE THAT ISSUE.
AND THIS WILL BE A FIRSTNET TOWER SO THAT IF FIRST RESPONDERS ARE IN AN AREA, THEY CAN IMMEDIATELY LOG ON INTO THAT SYSTEM.
UH, ONE THING I CAN ASSURE YOU, YOU KNOW, WE CAN TALK ABOUT TOWERS HERE, THERE, THERE, NO ONE EVER BUILDS A TOWER.
THEY DON'T NEED, THESE THINGS COST HUNDREDS OF THOUSANDS OF DOLLARS IN CONSTRUCTION COSTS, RADIO EQUIPMENT COSTS, ALL OF THOSE COSTS.
THEY DON'T GO THROUGH THAT PROCESS IF THEY DON'T THINK THEY NEED A TOWER.
AND WE CAN TALK ABOUT, UH, MY PHONE WORKS OR DOESN'T WORK OR ALL THAT, AT AND T RUNS MATRIX THROUGH THE SYSTEMS AND SAYS, WHERE DO WE NEED TOWERS? THEY DON'T GO THERE IF THEY DON'T NEED THEM.
IT'S JUST TOO EXPENSIVE FOR PROPOSITION.
SO, SO WITH THIS TOWER, UH, GI GIVEN THAT, GIVEN THAT THIS AREA, THE TOWERS IN THIS AREA CAN ONLY HANDLE SO MANY CALLS, THE RISK THAT PEOPLE ON THE AREA HAVE IS THAT IF THERE'S NOT A NEW TOWER PUT UP, THAT THEY'RE GONNA BE DROPPING THEIR CALLS AND FIRST RESPONDERS MIGHT NOT BE ABLE TO RECEIVE A CALL THAT THEY NEED HELP, AND THAT THAT IS TRUE.
AND, AND THE SECOND PART OF THAT IS THAT IN TIMES OF HIGH USAGE, IF THERE'S A, UM, CATASTROPHIC EVENT OF SOME KIND, WHATEVER, BE A SHOOTING A HURRICANE, UH, YOU KNOW, WHATEVER MIGHT BE, UH, THAT IS WHEN SYSTEMS ARE OVERLOADED EVEN MORE.
SO RIGHT NOW, WE KNOW THERE ARE CAPACITY ISSUES, BUT IF THERE'S A CATASTROPHIC EVENT, GETTING TO 9 1 1 WOULD BE NEARLY IMPOSSIBLE IF THERE ARE ALREADY CAPACITY ISSUES.
SO DO YOU HAVE ANY RECORDS THAT SHOW THAT THE 9 1 1 OR THE EMERGENCY TEAMS CAN, I'M SORRY.
DO YOU HAVE ANY RECORDS OR ANYTHING THAT SHOW CO TO SUPPORT YOUR DATA ABOUT EMERGENCIES NOT BEING ABLE TO RESPOND DURING THAT TIME, DURING THEIR HEIGHT? WELL, THAT'S NOT WHAT, I'M SORRY IF YOU MISUNDERSTOOD.
I'M SAYING THAT IF THERE'S A CATASTROPHIC EVENT, I DON'T KNOW THAT THERE HAS BEEN ONE IN THIS AREA WHERE THEY HAVE OR HAVEN'T BEEN ABLE TO USE THEIR PHONES.
I KNOW THAT AT AND T HAS RUN THE MATRIX SYSTEMS THROUGH THEIR ANALYSIS, AND THAT'S WHAT THE RF ENGINEER COMES UP WITH AND SAYS, THESE AREAS THAT YOU SEE HERE, IF THERE IS A EVENT, THEY MAY OR MAY NOT BE ABLE TO USE THEIR PHONE DEPENDING ON THE, ON THE ISSUES.
SO I DON'T, I CAN'T GIVE YOU A LIST AND SAY, HERE'S THE TIMES THAT THERE WAS, YOU KNOW, BAD WEATHER OR, YOU KNOW, THINGS.
AND HOW MANY TOWERS ARE ALREADY IN THAT AREA? WELL, YOU CAN SEE JUST AT AND T TOWERS, YOU CAN SEE ON THE MAP THERE ARE, UH, SIX OR EIGHT OF 'EM RIGHT THERE.
UM, SO YOU DON'T THINK THAT CAN 1, 2, 3, 4, 5, 6, 7, 8.
AND THEN WE JUST GETTING, WE JUST HAVE ANOTHER ONE JUST APPROVED.
SO THERE WOULD BE NINE, UH, THAT'S IN THE VISUAL OF THIS MAP.
NOW, THAT MIGHT BE A MILE AWAY.
UM, BUT 5G COVERAGE DOESN'T GO A MILE.
THE OLD TOWERS WE USED TO PUT UP WERE TALL.
THEY'D GO A MILE, MILE AND A HALF.
NOW WE'RE DOWN, OUR SEARCH RINGS NOW ARE A THOUSAND, 1200 FEET.
UM, WHERE WE USED TO HAVE MY, WHEN I STARTED IN THIS BUSINESS, MY SEARCH RINGS WERE ANYWHERE FROM A MILE TO FIVE MILES, AND THEY JUST HAVE KEPT COMING DOWN MILE, HALF MILE, QUARTER MILE.
UM, SO WE'RE DOWN INTO, I HAVE SOME RINGS THAT ARE 500 FEET, UM, IN SOME PARTS OF THE COUNTRY.
SO, UM, THAT'S THE PICTURE OF THIS WHOLE AREA.
AND SOME OF THESE MAY BE, AS A GENTLEMAN SAID, 650 FEET AWAY.
WELL, THAT'S A, THAT'S ALMOST A MILE AND A QUARTER.
THAT'S WAY OUT OF, UH, ANYTHING THAT WILL, THAT WILL HELP IN THIS AREA.
UM, QUESTION YOUR, YOU, YOUR, UH, COVERAGE DATA IS SHOWING, UM, AREAS OF, UH, WHAT YOU'RE TRYING TO DEPICT THERE IS IN-BUILDING COVERAGE AND YOUR COVERAGE DATA IS, IS OBVIOUSLY, UH, LACKING IN SOME, IN-BUILDING COVERAGE CAPACITY IS ANOTHER ISSUE AS WE HAVE SWITCHED FROM, UH, REGULAR, UH, C-D-M-A-T-D-M-A, UH, TO LTE.
UM, THE FIRST NET PORTION OF THAT ARGUMENT IS, UH, YOU WERE TALKING ABOUT CALL BLOCKAGE.
THAT'S RUTHLESS PREEMPTION, AND USERS WOULD BE ENTITLED TO THE, UH, CAPACITY ISSUES WITH LTE ARE CERTAINLY GREATER THAN THEY WERE IN IN THE PAST.
[00:40:01]
QUESTION IS, YOUR, UH, YOUR, THE DATA WE'RE LOOKING AT, UH, IS, UH, COVERAGE AND CAPACITY OF BOTH? THAT IS CORRECT.WHAT YOU'RE SEEING IN THE COVERAGE MAPS IS STRICTLY COVERAGE IS NOT CAPACITY.
THOSE ARE STRICTLY COVERAGE AREAS.
THE, I HIGHLIGHT THE CAPACITY ISSUES BECAUSE OF THE NUMBER OF TOWERS THAT ARE IN THE AREA AND THAT THOSE ARE ALSO AN ISSUE.
AND I'LL BE AROUND AGAIN IF YOU HAVE ANY MORE QUESTIONS.
SO, JUST IN YOUR OWN WORDS, WHY ARE YOU BRINGING UP THE OTHER TIRE? I KNOW THERE'S THE MATRIXES THAT MAY OR MAY NOT CAUSE OUTAGE, BUT WE DON'T HAVE ANYTHING THAT SHOWS THAT IT WILL DEFINITELY CAUSE THE OUTAGE, RIGHT? NO, I, BUT I PROMISE YOU AT AND T'S NOT BUILDING TOWERS.
THEY DON'T NEED, THERE'S JUST NO REASON TO DO IT.
SO THEY HAVE DETERMINED THAT THEY HAVE BOTH COVERAGE AND CAPACITY ISSUES IN THIS AREA, OTHERWISE THEY WOULD NOT INVEST THE HUNDREDS OF THOUSANDS OF DOLLARS THAT A NEW TOWER REQUIRES TO, TO GO INTO THIS AREA.
AND IS THERE ANYTHING THAT WE CAN DO TO IMPROVE THE OTHER TOWERS? YES, THEY CAN.
I IMPROVE THOSE, BUT MY SUSPICION IS, AND I HAVE NOT LOOKED INDIVIDUALLY AT EACH ONE OF THESE TOWERS, BUT WHAT'S HAPPENED BEFORE WE GOT TO 5G WAS, WHAT THEY DO IS THEY CAN ADD A CERTAIN NUMBER OF RADIOS ONCE THEY REACH A CERTAIN LEVEL, ONCE YOU REACH 12 ANTENNAS ON A TOWER.
AND IF YOU LOOK AT THE ANTENNA ARRAY, YOU'LL SEE THEY USUALLY START OUT WITH SIX, AND THEN YOU'LL SEE SOME WITH NINE.
ONCE YOU GET TO 12, YOU'RE AT CAPACITY.
YOU CANNOT GO ANY FURTHER THAN THAT.
SO ALL OF THESE ARE AT CAPACITY AT THIS POINT.
I DON'T KNOW IF EACH ONE OF THESE ARE AT CAPACITY, BUT I WOULD SAY THAT IF AT AND T IT'S MUCH CHEAPER FOR AT AND T TO INCREASE THEIR RADIOS AND THEIR ANTENNAS THAN TO BUILD A NEW TOWER.
SO IF THEY'RE AT THE POINT NOW OF LOOKING AT THIS AND, AND UNDERSTAND THEY'RE NOT BUILDING THIS TOWER FOR JUST TODAY, THEY HAVE RUN THESE PROPAGATION MAPS OUTTA YEAR, TWO YEARS, THREE YEARS OF WHAT THE, THE TENDENCIES HAVE BEEN IN THE LAST TWO TO THREE OR FOUR YEARS OF WHERE THE GROWTH, WHAT'S HAPPENED, HOW MUCH THEY'VE HAD TO UPGRADE TOWERS, ALL OF THOSE THINGS.
SO THEY HAVE THIS MATRIX THAT THEY RUN THAT SPREADS OVER AND THAT, AND THEN THEY PRIORITIZE.
THEY HAVE A LIST OF PROBABLY A THOUSAND TOWERS THEY'D LIKE TO BUILD.
THEY PRIORITIZE THOSE, AND THIS IS ONE OF THOSE THAT IS A HIGH PRIORITY OR I WOULDN'T BE HERE.
ARE THERE ANY OTHER FACTORS FOR PRIORITY? IS IT JUST THE, THE PRIORITIES ARE, ARE GENERALLY COVERAGE CAPACITY.
ONCE IN A WHILE THEY'LL LOOK AT, UM, WHAT IT COSTS TO BE ON A CERTAIN TOWER.
UM, THESE AREN'T THE CASE HERE, BUT I HAVE SOME IN, UH, UH, WESTERN KANSAS, FOR EXAMPLE, WHERE IT WAS JUST BEING TOO, IT WAS GETTING TOO EXPENSIVE TO BE ON A TOWER, AND SO THEY WANTED A DIFFERENT TOWER.
UM, THEY DO LOOK AT THAT OCCASIONALLY.
I'VE PROBABLY DONE MAYBE A HALF A DOZEN OF THE THREE OR 400 I'VE DONE.
IS THIS DUE TO MORE BUILDING IN THE AREA OR IT'S REALLY DUE MOSTLY TO THE DRIVE FOR DATA, UH, IN A CELL PHONES, YOU KNOW, I'M GETTING KIND OF OLD.
UM, I HAD AN EARLY CELL PHONE AND IT WAS AN ANALOG PHONE, AND IT HAD GREAT, YOU KNOW, LONG DISTANCE COVERAGE, BUT YOU COULDN'T DO ANYTHING BUT TALK ON THE PHONE.
UH, MY SON DOESN'T USE A COMPUTER ANYMORE.
HE DOES EVERYTHING ON HIS PHONE.
AND THAT'S WHAT'S HAPPENED IN OUR SOCIETY IS NOW EVERYTHING GOES THROUGH YOUR CELL PHONE.
IT DOESN'T MATTER WHAT IT IS, YOU'RE ON YOUR CELL PHONE DOING IT, WHETHER IT BE TWITTER, WHETHER IT BE LOOKING UP SOMETHING, WHETHER IT BE SENDING EMAILS, UH, OR, OR JUST DOWNLOADING GAMES, WHATEVER IT IS, PEOPLE BESIDES JUST NEEDING TO MAKE A PHONE CALL AND HAVE AN EMERGENCY.
THE OTHER THING IS THAT ALMOST EVERY HOME, AS I WAS GROWING UP, HAD A PHONE.
NOW ONLY 35% OF HOUSEHOLDS HAVE A PHONE.
SO THAT MEANS THERE'S THAT MANY MORE PHONES NOW THAT ARE BEING USED FOR CALLING 9 1 1 FOR CALLING THEIR, YOU KNOW, THEIR, THEIR CHILDREN OR WHATEVER THEY'RE DOING, BECAUSE HOME PHONES ARE BECOMING OBSOLETE.
SO IT'S THE GROWTH IN DATA AS PEOPLE ARE USING THEIR PHONE FOR EVERYTHING.
BUT IT'S ALSO THE GROWTH IN JUST, UH, VOICE COVERAGE BECAUSE PEOPLE AREN'T USING LANDLINES ANYMORE.
AND AGAIN, I'LL BE AROUND, YOU'LL HAVE MORE QUESTIONS, I'M SURE.
UH, BASED ON, UH, POINT OF WORK, BASED ON THE LAST WITNESS, UH, I JUST WANNA MAKE SURE THAT WE CAN CLARIFY AND COUNSEL, IF YOU DON'T, UM, MIND, UH,
[00:45:01]
EXPLAINING THIS WHERE THE ORDINANCE SAYS, YOU KNOW, SHALL NOT, AND THOSE KINDS OF THINGS.THE PURPOSE, UH, FOR CREATING THE COMMISSION WAS TO CONSIDER EXCEPTIONS TO THE ORDINANCE BASED ON NECESSITY.
AND A LOT OF THAT, ESPECIALLY LATER ON, BECAME VERY, VERY, UM, PIVOTAL BECAUSE OF THE FEDERAL, UM, UH, PREEMPTION.
WOULD, WOULD YOU, WOULD YOU PLEASE, UM, ELABORATE A LITTLE BIT FOR THE, FOR THE EDIFICATION OF EVERYBODY HERE THAT, UH, THE WORDING IN THE ORDINANCE, UH, ALTHOUGH IT LOOKS, APPEARS TO BE SPEC SPECIFIC, IF YOU GO THROUGH THE BALANCE OF THE ORDINANCE, THE WHOLE REASON THIS COMMISSION WAS CREATED, UH, WAS FOR THOSE, THOSE, UH, TRYING, TRYING TO COMPLY THE CITY, TRYING TO COMPLY WITH THE FEDERAL GUIDELINES, UH, AND, AND THE DISCRETION THAT IS INVOLVED WITH THE COMMISSION.
AND IF YOU, IF YOU DON'T MIND JUST GIVING US A, A, A LITTLE QUICK TUTORIAL.
AND MR. CHAIR, WOULD YOU RATHER I DO THAT NOW OR TOWARDS THE END AFTER YOU HEAR FROM FOLKS, OR IF YOU WANT TO GIVE IT A STAB NOW, GO FOR IT.
UM, YES, AS NOTED, UM, AS I NOTED, YOU KNOW, THE FEDERAL COMM COMMUNICATIONS COMMISSION, UM, GOVERNS THE BULK OF ISSUES RELATED TO THE CELLULAR AND TELECOMMUNICATIONS INDUSTRY WITH THE TELECOMMUNICATIONS ACT OF 1996.
THIS HAS BEEN GOING ON SINCE 96.
UM, THE COMMISSION HAS TAKEN EVER WIDENING APPROACH TO, UH, REGULATION AND IN PREEMPTION OF LOCAL GOVERNMENTS UNDERTAKING, AS I MENTIONED EARLIER, CERTAIN ENVIRONMENTAL AND HEALTH FACTORS.
AND THEY ESTABLISH THOSE HEALTH AND SAFETY AND ENVIRONMENTAL, UM, STANDARDS THAT ALL TOWERS AND ALL PROVIDERS MUST, MUST COMPLY WITH.
UM, THERE WERE CO-LOCATION REQUIREMENTS PUT IN THAT I THINK YOU WERE ALLUDING TO.
COULD THEY, COULD THEY BUILD ON AND IMPROVE THEIR OTHER TOWERS? THEY COULD, IN THEORY AT SOME POINT, UM, DO SO IF THEY HAVEN'T REACHED CAPACITY ON THOSE TOWERS FOR CO-LOCATION OF ANTENNA.
UM, THE, AS AS NOTED, THE COMMISSION WAS ESTABLISHED BECAUSE WHAT THE CITY DID WAS LOOK AT THE TELECOMMUNICATIONS ACT AND DETERMINE WHAT REGULATORY STEPS IT COULD, UM, ADOPT, UM, WHAT REGULATORY LIMITS REALLY IT COULD ADOPT.
AND SO MANY TOWERS ARE APPROVED BY, RIGHT.
AND THOSE ARE THOSE STANDARDS THAT, YOU KNOW, ARE MENTIONED THAT, YOU KNOW, NOTHING SHALL BE APPROVED UNLESS IT MEETS THE STANDARDS OR UNLESS IT'S THERE.
THERE HAS BEEN MADE AN APPLICATION FOR THE WAIVER.
THE WAIVER IS THERE TO ALLOW FOR THOSE INSTANCES WHERE OUR REGULATIONS CREATE A POCKET OF, UM, OF, I DON'T KNOW WHAT TO CALL IT, BUT, UH, UH, INABILITY OF CELL PHONES TO CONNECT, UH, A POCKET VOIDNESS OF WHERE THERE ARE NOT, THERE IS INSUFFICIENT CAPACITY OR COVERAGE.
UM, AGAIN, IT'S BECOMING A, AGAIN, A FEDERAL ISSUE, UM, WITH THINGS LIKE GETTING OUT 5G AND, UM, ENSURING THAT THERE'S COVERAGE TO ALL COMMUNITIES, UM, BIG RURAL, UM, DIVIDE, SOCIOECONOMIC, UM, DIVIDE AND SO FORTH.
AND THE FEDERAL GOVERNMENT IS LOOKING AT, AT CLOSING THAT.
SO OUR PRIMARY REGULATIONS, WHICH ALLOW FOR TOWERS BY WRIGHT MEET THOSE FEDERAL REGULATIONS.
THEY ARE ALLOWED TO COME IN FOR VARIANCES, WHICH STILL MEET THE FEDERAL REGULATIONS AS FAR AS, AGAIN, WE CAN'T CONSIDER HEALTH, SAFETY AND ENVIRONMENTAL FACTORS, BUT THIS, THIS COMMISSION IS GIVEN A SET OF FINDINGS THAT IT MUST MAKE WHEN IT APPROVES A VARIANCE OR A WAIVER AS WE'VE CALLED IT IN OUR, IN OUR CODE.
AND PROVIDED THAT YOU ALL FIND THAT THOSE WAIVERS ARE, UH, THAT THOSE FIVE CONDITIONS ARE MET, THEY'RE LISTED OUT HERE, UM, BY THE APPLICANT.
YOU HAVE THOSE IN YOUR PACKET, THEN YOU CAN APPROVE THAT, UM, THAT WAIVER REQUEST.
ALRIGHT, OUR NEXT SPEAKER IS LUCY FRAGA.
MY NAME IS LUCY FRAGA FISHER KANE AND MY HUSBAND GREG KANE.
UM, THE BOTTOM LINE IS THE TOWER WOULD BE 145 FEET TALL, AND FROM MY UNDERSTANDING, THAT IS LIKE 10 STORIES ABOVE, UH, FOR A BUILDING, AND IT'S VERY CLOSE TO OUR NEIGHBOR'S HOUSE.
WE LIVE ON BRIBERRY, AND FROM MY UNDERSTANDING, I KNOW THE ORDINANCE SET, THE
[00:50:01]
WE ARE CONCERNED ABOUT THE SAFETY ISSUES IF IT FALLS DOWN, BUT IT'S PRIMARILY HOW CLOSE IT IS FOR THIS TOWER AND WITH SO MANY TOWERS NEARBY.BUT ALSO, WE JUST GOT A TOWER THAT WAS APPROVED THAT'S NOT TOO FAR FROM OUR HOUSE, SO I'M TRYING TO FIGURE OUT IF WE ALREADY GOT ONE APPROVED, WHY ARE WE APPROVING THIS ONE NOW? BUT, UM, THOSE ARE MY ISSUES IS BASICALLY VERY CLOSE PROPERTY VALUE.
I DON'T 10 STORY HIGH FOR A TOWER.
AND, UM, THERE ARE ALREADY SO MANY TOWERS AROUND OUR HOUSE.
DO YOU HAVE ANYTHING MISSING? WELL, UH, MR. CHAIRMAN AND, UH, MEMBERS OF THE COMMISSION AND STAFF, UH, THANK YOU FOR THE TIME TO SPEAK, UH, OPPORTUNITY TO SPEAK.
I DO WANNA SAY THAT THE APPLICANT'S REPRESENTATIVE HAS BEEN VERY GRACIOUS WITH US.
AND THE STAFFERS, UM, MR. UH, CRIDDLE AND BUTLER HAVE BEEN VERY HELPFUL TOO.
UM, LUCY PRETTY MUCH SUMMED IT UP.
MY CONCERN WOULD BE, UH, THE, THE REAL OR PERCEIVED RISK OF FALLING AND THE RESULTING DE UH, IMPACT, NEGATIVE IMPACT ON PROPERTY VALUES.
UM, WE'RE NOT IN THE FALL ZONE, FALL ZONE.
UH, OUR FRIENDS OF 1, 2, 3, AND FOUR DOORS TO OUR SOUTH ARE, SO THEY PROBABLY HAVE A, A VESTED INTEREST IN THE, THE RISK OF, UH, FALLING.
BUT, UM, IT, IT'S REALLY A MATTER OF, UH, THE, THE AESTHETICS AND THE PERCEIVED, UH, RISK OF, UH, THE TOWER FALLING.
I AM HERE IN OPPOSITION TO THE GRANT OF THE WAIVER.
THE, UM, APPLICANT HAS NOT AND CANNOT PASS THE TESTS THAT ARE REQUIRED TO AUTHORIZE YOU TO GRANT A WAIVER.
THE ORDINANCE IS VERY CLEAR THAT YOU HAVE NO AUTHORITY TO GRANT A WAIVER UNLESS THEY HAVE MET.
AND YOU HAVE FOUND ALL FIVE OF THOSE CRITERIA THAT THE CITY ATTORNEY'S REPRESENTATIVE MENTIONED.
THE FIRST, WHICH IS CRITICAL, I THINK, IS THAT A LITERAL APPLICATION WOULD RESULT IN AN UNNECESSARY OR UN, UH, DUE HARDSHIP TO THE APPLICANT.
THE COURTS FIND THAT A HARDSHIP IS MORE SEVERE THAN SIMPLY HAVING SOME SORT OF A BURDEN TO BEAR.
AND AN UNDUE HARDSHIP IS DEFINED GENERALLY WITH WORDS LIKE EXCESSIVE UNJUSTIFIABLE, UNFAIR, AND EXTREME COST TO THE BUSINESSES.
THEY SIMPLY NEED TO MOVE TO A DIFFERENT LOCATION.
THAT'S ALL WE'RE TALKING ABOUT IS NOT SHOULD THEY HAVE A TOWER? SHOULD THEY HAVE A TOWER ADJOINING RESIDENTIAL PROPERTY.
THE WAIVER WOULD ALSO THE NEXT TEST.
THE NEXT TEST IS WHETHER THE WAIVER WOULD BE CONTRARY TO THE PUBLIC INTEREST AS IMPLEMENTED IN THE ORDINANCE.
THE ORDINANCE IS BASED ENTIRELY ON PROTECTING RESIDENTIAL PROPERTY.
THE ENTIRE ESSENCE OF IT IS THE PREAMBLE OF THE ORDINANCE ADOPTED IN 98 AFTER THE 96 REGULATIONS.
THE PREAMBLE FINDS THAT THE HARMONIOUS APPEARANCE, APPROPRIATENESS, GOOD TASTE AND BEAUTY OF RESIDENTIAL NEIGHBORHOODS IS PARAMOUNT.
THAT'S THE BASIS ON WHICH THEY PASSED THAT ORDINANCE.
THAT IS THE PUBLIC INTEREST THAT WAS IMPLEMENTED BY THIS ORDINANCE.
WE HAVE HAD CELL SERVICE FOR YEARS.
I, SUSAN, YOU WANNA GO? SUSAN, YOU WANNA FINISH US UP? I WOULD, I APPRECIATE IT.
UM, WE'VE HAD CELL SERVICE IN THIS AREA FOR YEARS.
MY HUSBAND AND I HAVE OWNED OUR HOME ON BRIBERRY FOR 40 YEARS.
UH, WE'VE HAD CELL SERVICE, WE CAN CALL 9 1 1.
THERE WAS A REFERENCE TO THIS AREA BEING AN INDUSTRIAL AND RESIDENTIAL AREA.
THAT'S A MISCHARACTERIZATION THAT MAY BE OF THIS BROADER SERVICE AREA.
THIS IS THE THIRD LARGEST SUBDIVISION IN THE CITY OF HOUSTON.
IT IS VERY PREDOMINANTLY A RESIDENTIAL AREA.
THIS IS A VERY TINY CARVE OUT THAT IS PREDOMINANTLY ONE STORY LIGHT COMMERCIAL CHIROPRACTORS AND SPAS IN A DOLLAR GENERAL.
THIS IS NOT AN INDUSTRIAL AREA, IT'S A RESIDENTIAL AREA.
THE THIRD TEST TO GIVE YOU ANY AUTHORITY TO ACT HERE IS THE PLACEMENT OF THE TOWER WOULD NOT BE DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY, AND WELFARE.
THERE IS ASSERTING THAT SAFETY IS
[00:55:01]
RESOLVED BY THEIR ENGINEER'S LETTER, THE ENGINEER'S LETTER.I APPRECIATE, HOWEVER, IT IS REPLETE WITH, IF YOU ASSUME THIS, IF THE WIND CONDITIONS ARE AS WE STUDY THEM, IT IS LIKELY THAT THE RESULT WILL BE, IT IS NOTHING THAT YOU COULD RELY ON OR THAT WILL GIVE MUCH COMFORT TO THE PEOPLE WHO RELYING IN THE SHADOW OF THIS TOWER.
I THINK THAT IS ESSENTIALLY ALL I HAVE TO SAY ABOUT THAT.
I DO NOT BELIEVE YOU HAVE AUTHORITY.
UM, DO YOU HAVE ANY QUESTIONS FOR MS. TAYLOR ON THE FLOOR? GREAT.
IT'S NICE TO SEE YOU COUNCILMAN.
UM, MAY WE, UM, RECALL, UH, MR. FERRIS? YES, SIR.
SO THE PLACEMENT OF THIS TOWER, WHY DOES IT HAVE TO BE HERE? THERE ARE A SEVERAL THINGS THAT GO INTO THE LOCATION OF A TOWER.
PROBABLY AT THE TOP OF THE LIST IS A, UH, WILLING LANDLORD.
UH, AS I SAID EARLIER, I TRIED TO FIND SOME PLACES TO PUT A TOWER IN THIS AREA, UM, AND DID NOT FIND WILLING LANDLORD.
SO THAT IS ONE OF THE REASONS WHY IS THAT YOU HAVE A WILLING LANDLORD HERE.
UM, IT HAS TO MEET THE TECHNICAL CRITERIA OF AT AND T.
SO WHAT HAPPENS IS WHEN WE DO SITE ACQUISITION, WE GO OUT AND FIND SITES.
NORMALLY THEY WANT THREE SITES.
UM, AND IN THIS CASE IT WAS ONLY ONE BECAUSE THERE WAS ONLY ONE WILLING LANDLORD.
UH, WE WILL THEN SUBMIT THOSE ONE, TWO, OR THREE SITES TO AT AND T.
AT AND T WILL THEN DO THEIR TECHNICAL ANALYSIS AND SEE WHETHER OR NOT THAT PARTICULAR SITE MEETS THEIR TECHNICAL CRITERIA.
UH, IN THIS CASE, THERE WAS ONE WILLING LANDLORD THAT WAS, AND THIS WAS OVER A SIX MONTH PERIOD, UM, THAT WAS FOUND.
UM, THE CRITERIA, UM, MET AT AND T'S CRITERIA AND THAT'S WHY IT'S THERE.
DOES THAT HELP YOU? THANK YOU.
UH, IS, UH, CAMILLE WALKER HERE? GOOD AFTERNOON.
UH, I'M A PRACTICING ATTORNEY IN HOUSTON, AND I LIVE WITHIN THE RESIDENTIAL TEST AREA AT 1842.
NINA LEE LANE, IF I MAY FOCUS THE ISSUE, THE PRESUMPTION IS THAT A WAIVER WILL NOT BE GRANTED, AND YOU AND YOUR DISCRETION CAN CONSIDER CERTAIN FACTORS IN YOUR DELIBERATIONS TO GRANT A WAIVER.
UM, I'D ALSO LIKE TO CLARIFY THAT FIRSTNET IS A SATCOM SERVICE, NOT A CELLULAR SERVICE, WHICH IS BEING CONFLATED IN THE DISCUSSIONS ABOUT THE CELL PHONE TOWER.
SO NINE ONE ONE CALLS ARE A CELLULAR SERVICE, BUT FIRSTNET IS A SATCOM SERVICE.
A WAIVER WOULD BE IMPERMISSIBLY GRANTED FOR THIS SITE ON THE GROUNDS OF THE APPLICATION FOR BEING IN A RESIDENTIAL AREA AND THE FALL ZONE.
HOWEVER, I'D ASK FOR YOU TO CONSIDER TWO FACTORS IN CONNECTION WITH YOUR DELIBERATIONS.
THE AREA ALONG TC JESTER BETWEEN 11TH STREET AND 43RD STREET IS DESIGNATED A SCENIC AREA.
AND WHILE THAT ONLY EXTENDS ALONG THE RIGHT OF WAY AND THE IMMEDIATELY ADJACENT PROPERTIES, OUR AREA HAS BEEN DEVELOPED CONSISTENT WITH THOSE GUIDELINES DETERMINED BY THE CITY OF HOUSTON, INCLUDING THAT THE SIGN CODE MANDATES THAT EACH SIGN IS 43 AND A HALF FEET OR SHORTER, AND BUSINESSES ALONG 43RD STREET HAVE BEEN DEVELOPED IN ADHERENCE TO THOSE GUIDELINES.
THIS WILL BE THE TALLEST INSTALLATION ALONG 43RD STREET IN THE IMMEDIATELY ADJACENT AREA.
SECONDLY, THIS AREA IS ZONED TO STEVENS ELEMENTARY SCHOOL, WHICH USED TO BE ONE OF THE LOWEST PERFORMING SCHOOLS IN THE AREA AND HAVE THE HIGHEST RATE OF TRANSIENT STUDENTS.
I MENTIONED THAT FACT BECAUSE AS AN OBJECTIVE METRIC OF THE IMPROVEMENT THAT WE'RE SEEING IN OUR AREA BASED ON COMMERCIAL AND RESIDENTIAL DEVELOPMENT COMING INTO OUR COMMUNITY, WE'RE PROUD.
OUR AREA'S ATTRACTING, EXCUSE ME IF I TAKE A COUPLE MINUTE, MINUTE TO CLOSE IT UP.
[01:00:01]
FEW MORE SECONDS.THIS IDEAL THAT WE'RE ATTRACTING DEVELOPMENT IN A LOW AND MIDDLE INCOME AREA IS CONSISTENT WITH MAYORS.
TURNER'S ANNOUNCED DEVELOPMENT OPPORTUNITIES PLAN THAT THE CITY SHOULD DO WHAT IT CAN TO INCREASE ACCESS TO ECONOMIC OPPORTUNITY.
THE AREA THAT THIS TOWER IS PLANNED TO BE INSTALLED AT COULD BE BETTER SERVED, REMAINING AS IS AND REMAINING AVAILABLE FOR ECONOMIC DEVELOPMENT OF COMMERCIAL BUSINESSES THAT WILL IMPROVE OUR COMMUNITY AND DRIVE REVENUE VALUES TO THE CITY.
THE CELLULAR COMPANIES HAVE OTHER OPTIONS.
TOWERS ARE NOT A FOREGONE CONCLUSION, INCLUDING DISTRIBUTED AUDIO SYSTEMS. THEY'RE LOOKING FOR THE CHEAPEST, HIGHEST MARGIN WAY TO PROVIDE CELLULAR SERVICE TO OUR NEIGHBORHOOD, WHICH DOESN'T MEAN A TOWER NEEDS TO GO IN OUR BACKYARD WHERE THIS COMMISSION HAS IMPLEMENTED RESIDENTIAL AND FALL ZONE AREAS.
AGAIN, I DO NOT THINK A WAIVER IS PERMISSIBLE IN THIS INSTANCE.
THANK YOU VERY MUCH FOR YOUR TIME.
I'VE GOT A FEW HANDOUTS, IF YOU DON'T MIND.
SO, UM, GOOD AFTERNOON COMMISSION MEMBERS.
THANK YOU FOR GIVING US THE TIME TO SPEAK TODAY.
UM, WE LIVE NEARBY THE PROPOSED TOWER AT WEST 43RD.
UM, I'M A PRACTICING ATTORNEY.
I'M A PARTNER AT THE LAW FIRM ANALYSIS HERE IN HOUSTON.
MY WIFE ALSO MAINTAINS HER LAW LICENSE PREVIOUSLY PRACTICED AT VINCENT ELKINS AND SCHWARTZ PAGE AND HARDING.
UM, A QUICK BEFORE MAYBE PERHAPS WE START THE TIMER.
UM, YOU KNOW, THERE'S BEEN A DISCUSSION AND WHILE WE HAVE THE EXHIBITS IN FRONT OF US, THERE'S BEEN A DISCUSSION ABOUT HOW THIS AREA IS INDUSTRIAL, UM, TO COMMISSIONER BELCHER.
UM, YOU KNOW, YOU MADE THAT COMMENT IN IN, IN RESPONSE TO THE MAPS THAT HAVE BEEN PRESENTED.
IF YOU LOOK AT THE, UM, ONE, I, I WOULD SUGGEST LOOKING AT THE GOOGLE MAP EXCERPT THAT WE PRINTED OUT, UM, I DON'T KNOW IF THERE'S ONE AVAILABLE FOR COMMISSIONER BELCHER AND, UM, ON, ON ON VIDEO, BUT AS YOU CAN SEE WHAT THEY PRESENTED IN YOUR AGENDA, IF YOU LOOK AT THE PICTURE AND WHAT'S LIVE THERE, THAT MAKES IT LOOK QUITE INDUSTRIAL.
AND I COULD, I COULD SEE WHY YOU WOULD THINK THAT IT MIGHT NOT BE A RESIDENTIAL AREA.
BUT IF YOU ZOOM OUT JUST A BIT, YOU CAN SEE THE NUMBER OF HOUSES IN THE AREA.
UM, AND IF YOU LOOK AT THE MAP, THE YELLOW MAP THAT, UH, THIS IS A SURVEY THAT TILLMAN AND SEI HAD PRODUCED.
UM, THE BLUE LOTS ARE CHURCHES, RIGHT? THOSE, THOSE ARE THREE CHURCHES.
THE PURPLE, YEAH, THAT'S SELF STORAGE.
THE ORANGE IS A FAMILY DOLLAR HAS BEEN PREVIOUSLY NOTED.
AND THERE'S THREE RETAIL STRIP CENTERS.
THERE'S A CORNER LOT WITH A GAS STATION AND THERE'S MULTIFAMILY APARTMENT COMPLEXES.
NOTHING ABOUT THIS AREA IS INDUSTRIAL.
UM, AND SO I, I DID WANNA CLEAR THAT UP, BUT, AND, AND PERHAPS NOW I'LL MOVE TO PREPARED, PREPARED REMARKS.
THE RESIDENTIAL AREA AS PREVIOUSLY FLAGGED BY, UM, BOTH STAFF AND, AND OTHER RESIDENTS.
THIS AREA IS, AND BY THEIR OWN ADMISSION, IF YOU LOOK AT THE TOP LEFT HAND CORNER OF THE YELLOW ZONING MAP, 78 OF 89 TRACKS ARE RESIDENTIAL.
AND WHEN YOU LOOK AT THE HISTORY OF THE CODE, AS COMMISSIONER BELCHER NOTED, AND COMMISSIONER TODD, YOU HAD MENTIONED THAT WE SHOULD, WE SHOULD LOOK AT THE CODE.
THE, THE CITY DETERMINES IN THEIR OWN CALCULATION THAT 50% OF THE AREA, IF THERE ARE RESIDENTIAL TRACKS AROUND THE DESIGNATED DISTANCE, IT'S CONSIDERED A RESIDENTIAL AREA.
SO AT 88%, THIS ISN'T JUST A RESIDENTIAL AREA, THIS IS A HIGHLY RESIDENTIAL AREA.
AND AS THE, UH, ONE OF THE PRI RESIDENTS ALSO FLAGGED THE, THE KEY EXCEPTION HERE IS WHETHER THERE'S BEEN AN UNDO AND UNNECESSARY HARDSHIP TO THE APPLICANT.
AND WHEN YOU THINK ABOUT WHAT'S UNDO AND UNNECESSARY, YOU HAVE TO CONSIDER HOW RESIDENTIAL THE AREA IS AND YOU HAVE TO CONSIDER THE 88%.
AND SO WHEN YOU LOOK AT THE APPLICANT HERE, IT'S, IT'S TILLMAN AND SCI, THEY'RE THE SIGNATORIES TO THE APPLICATION, NOT AT AND T.
AT AND T ALLEGES THAT THEY TRIED TO LEASE PROPERTY IN THE AREA, BUT NO OTHER WILL.
NO, THEY COULD NOT FIND A WILLING LANDLORD.
UM, BUT SCI AND TILLMAN HAVE NOT OFFERED ANY REASONS WHY THEY WOULD SUFFER AN UNREASONABLE HARDSHIP.
EVEN ASSUMING THAT AT T IS ALSO AN APPLICANT, THE BURDEN OF PROOF HAS NOT BEEN MET.
[01:05:01]
HARDSHIP? WELL, THEY NEED TO OFFER MORE MONEY TO LANDLORDS TO LEASE AN AREA THAT'S NON-RESIDENTIAL.AFTER ALL, WE KNOW WHEN THEY SAY THEY CAN'T FIND ANYONE, WHAT IT REALLY MEANS IS THEY CAN'T FIND ANYONE TO LEASE THEM ON COMP COMPARABLE TERMS TO MAXIMIZE PROFIT TWO.
THEY MAY NOT BE ABLE TO FIND, IF YOU LOOK AT THIS MAP, THEY MAY NOT BE ABLE TO PUT ONE PERFECT TOWER IN THE PERFECT SPOT TO MAXIMIZE CELL SERVICE.
MAYBE THEY'LL HAVE TO BUILD A FEW MORE TOWERS SURROUNDING THE AREA.
NOTE THAT AT AND T DOESN'T HAVE AN EXCLUSIVE RELATIONSHIP WITH TILLMAN AND SCI.
THEY CONTRACT WITH MANY DIFFERENT TOWER COMPANIES WHO ACTUALLY LEASE THE LAND AND BUILD A TOWER.
AT AND T ONLY LEASES THIS SPACE ON THE TOWER.
THEY'RE NOT ACTUALLY APPLICANT HERE.
TILLMAN INFRASTRUCTURE AND SCI ARE THE ONES THAT WILL BE PROFITING FROM BUILDING THIS TOWER NOW, ARE THESE HARDSHIPS UNREASONABLE? TILLMAN AND SCI MAKE SO MUCH MONEY BY FINDING SITES AND BUILDING TOWERS FOR CELL PHONE COMPANIES, NOT JUST AT AND T, BUT VERIZON, T-MOBILE, ET CETERA, THAT THEY OWN OVER 1,700 TOWERS ACROSS THE COUNTRY.
AND THEY RECEIVED $2 BILLION IN INVESTMENTS IN EQUITY INVESTMENTS IN THE LAST FIVE YEARS FROM PRIVATE EQUITY FIRMS SUCH AS THE CARLISLE GROUP AT AND T ITSELF GENERATED A HUNDRED.
UH, THE AVERAGE GROUND LEASE IN COMPARISON IS $15,000 PER YEAR, AND THE AVERAGE CELL TOWER COSTS $250,000.
I, I WOULD SAY THAT'S NOT AN UNREASONABLE BURDEN TO THESE MULTI-BILLION DOLLAR COMPANIES TO WORK A CREATIVE SOLUTION.
I DO WANT TO QUICKLY ADDRESS AS WELL, IF YOU WOULDN'T MIND, COMMISSIONER TODD.
I, I, I APPRECIATE THE EXTRA TIME.
UM, I, I'M, YOU, YOU MORE, I'M GIVING YOU MORE TIME 'CAUSE YOU GOT TWO PEOPLE HERE, SO I'M KIND OF COUNTING YOU TOGETHER.
IF I'M DOING MY MATH, YOU'RE OVER FOUR MINUTES NOW.
UH, I, I UNDERSTOOD IF YOU WOULD PLEASE LOOK AT THE ENGINEERING LETTER.
I DID WANNA HIGHLIGHT AS THE OTHER RESIDENT MENTIONED, THE ENGINEERING LETTER.
YES, IT'S AN ENGINEER THAT'S CERTIFIED IN TEXAS, BUT THEY WORK FOR THE COMPANY THAT BY THEIR OWN ADMISSION, AND YOU'LL SEE HIGHLIGHTED IN THE FIRST SENTENCE, THEY ARE DESIGNING AND SUPPLYING THE TOWER TO TILLMAN.
AND BY THEIR OWN ADMISSION, THE TOWER IS ONLY RATED UP TO 139 MILES PER HOUR.
NOW, MAYBE THAT'S WHAT ENGINEERS IN IOWA KNOW, BUT IN HOUSTON WE GET CATEGORY FOUR AND CATEGORY FIVE HURRICANES THAT ARE AT LEAST 130 MILES PER HOUR AND EXCEED 150 MILES PER HOUR.
AND, AND AS THE OTHER RESIDENT NOTED, THEY SAY THAT IT LIKELY WILL HAVE A FALL ZONE OF 50 FEET.
AND SO I DON'T KNOW ABOUT HOW THE FAMILIES FEEL, THE FIVE FAMILIES THAT ARE WITHIN THE SETBACK AREA, BUT THAT'S NOT SOMETHING THAT I WOULD BET MY FAMILY OR MY CHILDREN'S LIVES ON.
DO, DO YOU HAVE AN ENGINEERING REPORT SAYING THAT IT'S A DANGER? NO, I, I HAVE NOT INDEPENDENTLY PRODUCED.
BUT YOU DON'T HAVE, AGAIN, COMMISSIONER TODD, THE BURDEN IS NOT ON ME TO PROVE THAT IT'S UNSAFE.
WE, I BELIEVE IT'S ON THEM TO PROVE WE JUST, BUT WE HAVE A REPORT FROM THEM SAYING IT'S NOT GONNA FALL.
BUT I WOULD SAY HOW MUCH, HOW MUCH IS A, HOW MUCH IS A LETTER THAT HAS THAT MUCH CONFLICT OF INTEREST REALLY WORTH RIGHT.
EVERYONE, EVERYONE WHO BRINGS IN A LETTER IN FROM AN ENGINEERING COMPANY, EVEN IF YOU HAD LIKE, COULD SAY THE SAME THING THAT, RIGHT.
SO LET'S, LET'S TAKE COMMISSIONER TODD TO TAKE, TO TAKE YOUR QUESTION.
THE LETTER SAYS IT'S UPGRADED UP TO 139 MILES PER HOUR.
COMM CATEGORY FOUR WINDS ARE 130 TO 156 SUSTAINED WINDS.
I MEAN, TAKE, TAKE THE LETTER.
TAKE THE LETTER AS IT'S WORTH.
IT'S, IT'S, IT'S LIKE, LIKE I SAID, WHEN WE STARTED THIS OFF, WE'RE A LIMIT IN WHAT WE CAN CONSIDER HERE.
AND IF YOU HAD A CONCERN ABOUT THIS TOWER NOT BEING STRUCTURALLY SOUND, IT WOULD'VE BEEN HANDY TO HAVE HAD A REPORT FROM AN ENGINEER SAY IN THAT.
'CAUSE WE HEAR THESE ISSUES ALL THE TIME ABOUT THESE, UH, TOWERS ALLEGATIONS THAT THEY'RE NOT SECURE.
BUT WE HAVE Y'ALL, Y'ALL ARE IN THE HEIGHTS.
DO YOU REMEMBER THAT HUGE EXPLOSION THAT HAPPENED? UM, GOSH, TWO YEARS AGO, THREE YEARS AGO, FOUR YEARS, LIKE AN INDUSTRIAL PLANT THAT HAPPENED.
THE ONLY THING LEFT STANDING THERE WAS A CELL TOWER.
EVERYTHING ELSE WAS BLOWN OFF THE MAP.
SO I MEAN, IF, IF YOU HAVE AN ENGINEERING REPORT, THIS IS KIND OF I WHAT WE NEED TO HEAR.
THE, THE, THE, THE CODE SAYS THAT THE WAIVER CAN ONLY BE GRANTED IF IT'S NOT, IF IT WOULDN'T OTHERWISE ENDANGER PUBLIC HEALTH AND SAFETY.
I WOULD SAY THE FIVE FAMILIES THAT ARE IN THE SETBACK ZONE THAT ARE WITHIN 50, 50 TO A HUNDRED FEET EACH OF THEIR HOUSES WHEN THE TOWER, AND YOU THINK ABOUT WHY THE CODE.
I MEAN, COMMISSIONER BELCHER, YOU, YOU, YOU OBVIOUSLY HAD A HAND IN WRITING THE CODE.
YOU CAN SEE WHY ONE AND A HALF TIMES THE TOWER HEIGHT WOULD BE, SORRY, JUST, JUST FOR CLARIFICATION, IT'S MEL, IT'S MELCHER WITH AN M.
SO, SO THE TOWER, THE TOWER, THE TOWER, THE CODE SAYS IT NEEDS TO BE ONE AND A HALF AND YOU CAN UNDERSTAND WHY IT'D BE ONE TIMES THE TOWER WITH A CUSHION.
SO THIS ISN'T A COMPARISON OF, HEY, MAYBE IT'S 120% OR 130% LARGER.
THIS IS 60% OF THE TOWER HEIGHT.
YOU GOT ANYTHING ELSE? NO, THAT'S IT.
WE'VE GOTTA HAVE STUFF TO EVIDENCE TO CONSIDER TOO.
RIGHT? BUT IT'S, UH, I MEAN, FORGIVE ME IF I'M MISTAKEN, BUT
[01:10:01]
IT'S IN YOUR REASONABLE INSTRUC.DO YOU EVER GO TO, TO COURT THAT EVIDENCE TO GRANT WAIVER? DO YOU GO TO COURT WITH WITHOUT EVIDENCE HAS HAVE THEY PROVED, I MEAN, OKAY.
ACTUALLY, UH, LET'S DO MANDY DURR.
GREAT TO BE HERE WITH YOU ALL TODAY.
I'M THE EXTERNAL AFFAIRS DIRECTOR FOR CROWN CASTLE, THE NATION'S LARGEST PROVIDER OF SHARED COMMUNICATIONS INFRASTRUCTURE AND PROUDLY HEADQUARTERED HERE IN HOUSTON.
UH, WE OWN AND OPERATE 40,000 CELL TOWERS THROUGHOUT THE COUNTRY.
UM, WE HAVE, UH, UH, 125,000 SMALL CELLS THAT WE'VE EITHER BUILT OR UNDER CONTRACT TO BE BUILT THROUGHOUT THE COUNTRY RIGHT NOW.
AND, UM, ALL SUPPORTED BY 85,000 MILES OF FIBER IN HOUSTON ALONE.
WE OWN AND OPERATE 400 TOWERS.
UH, WE BUILT 1800 SMALL CELLS OVER THE PAST FEW YEARS, UM, ALL SUPPORTED BY OVER 1500 MILES OF FIBER.
UM, OUR BUSINESS MODEL IS CO-LOCATION ON OUR TOWER INFRASTRUCTURE ALONG WITH OUR OTHER ASSETS AS WELL.
UM, IN THIS CASE, WE HAVE A TOWER, UH, THAT'S 1,460 FEET AWAY ON 43RD STREET FROM THE, UH, PROPOSED, UH, TOWER.
WE ALSO HAVE ONE THAT'S 1700 FEET.
WE'VE DONE THE RF STUDIES AND, UH, IT'S, IT'S OUR OPINION THAT WITH MINOR MODIFICATIONS THAT AT AND T COULD CO-LOCATE ON THOSE TOWERS.
UM, AND WE'RE OPEN TO HAVE, HAVE THAT DISCUSSION.
UM, THAT'S REALLY ALL I HAVE TO SAY.
IF YOU HAVE ANY QUESTIONS, HAPPY TO ANSWER.
IS THIS A CROWN TOWER OR IS IT A, THOSE TWO TOWERS THAT I MENTIONED ARE CROWN, CROWN TOWERS.
ONE OF 'EM IS BY THE MIGHTY BURGER, UM, TO THE WEST.
AND THEN THERE'S ANOTHER ONE AT THE HOUSTON FIRE STATION.
SO THE CITY OF HOUSTON IS ACTUALLY A LANDLORD, UH, THERE WHERE WE HAVE THAT TOWER.
DO YOU HAVE, YOU'VE HEARD THE QUESTIONS THAT HAVE BEEN ASKED EARLIER, UM, FROM ALL OF US HERE, UH, ABOUT, UH, THE AREA AND THE ABILITY TO CO-LOCATE AND, AND WHAT THE EFFECT WOULD BE IF THIS TOWER DOESN'T GO UP, IF IT'S A CAPACITY ISSUE.
I MEAN, IN YOUR BUSINESS YOU KEEP TRACK OF THESE THINGS.
THIS IS YOUR CORE BUSINESS, IS MAKING SURE YOU KEEP TRACK OF WHERE THE CALLS ARE DROPPING.
IS THIS AREA ONE WHERE IT'S AT RISK OF GOING OFF THE MAP AND THAT COPS WON'T BE ABLE TO GET CALLS? PEOPLE CALLING 9 1 1 BE WON'T BE ABLE TO CONNECT? IS THIS AN AREA AT RISK FOR THAT? I WOULD SAY THAT THE RF ENGINEERING STUDIES THAT WE HAVE PERFORMED INDICATE THAT IF WITH MINOR MODIFICATIONS OF EITHER ONE OF THOSE TWO TOWERS THAT WE SPOKE OF, THE COVERAGE FOR AT AND T WOULD BE INCREASED IN THAT AREA.
MY NAME IS CELESTE BUDWOOD HUNTER.
I LIVE IN ONE OF THE CLOSEST RESIDENCES TO THE PROPOSED SITE.
I ALSO HAPPEN TO BE A VERIZON 5G CUSTOMER IN ADDITION TO EVERYTHING THAT HAS BEEN CLEARLY STATED.
AND I DON'T NEED TO REPEAT ALL OF THE GOOD POINTS THAT HAVE ALREADY BEEN MADE.
THE BUILDING THAT'S DIRECTLY SOUTH OF THE PROPOSED TOWER SITE, IT'S WITHIN THAT, UM, L OF PROPERTY THAT, YES, THAT LITTLE WHITE ROOF BUILDING BUILDING, UM, THAT USED TO BE FRANK'S AIR CONDITIONING.
AND HE GIVES PERMISSION TO THE CHURCH DIRECTLY ACROSS THE STREET.
I GLACIER EMMANUEL TO USE IT AS OVERFLOW PARKING ON SUNDAY.
THAT PARKING LOT IS FULL FAMILIES IN THEIR CAR, IN AND OUT OF THEIR CARS EVERY SUNDAY MORNING.
SO THIS IS AN ADDITIONAL IMPACT ON OUR COMMUNITY THAT DON'T THINK HAS BEEN REPRESENTED.
UM, I DO LIVE VERY CLOSE TO THE LOCATION, UM, THAT'S BEING TALKED ABOUT.
UM, I ALSO HAPPENED TO WORK IN FLIGHT OPERATIONS AT NASA.
AND THE IDEA THAT WE WOULD WAIVE REGULATIONS JUST BECAUSE SOMEBODY ASKED, UM, IS JUST UNFATHOMABLE TO ME.
WE LIVE AND BREATHE IN A SAFETY CULTURE AND WE TAKE THAT VERY SERIOUSLY.
AND AS SOMEONE ELSE HAS ALREADY SAID, WE DON'T PROVE THAT IT'S, UM, THAT IT MIGHT BE OKAY.
WE HAVE TO PROVE THAT IT IS SAFE.
I'M A LITTLE BIT NERVOUS, BUT, UM, I THINK A LOT OF PEOPLE MADE A LOT OF GREAT POINTS.
I AM A RESIDENT OF 1910 DE MILO, WHICH IS A BLOCK AWAY, UM, ON THE OTHER SIDE OF THE ACTUAL, UH, FRANK'S AIR CONDITIONING IN THE STORAGE.
[01:15:01]
MORNING THAT I COME OUT, I COULD SEE THAT TOWER STANDING RIGHT IN FRONT OF ME.WE HAVE OVER 150 AFFIDAVITS THAT WERE SIGNED THAT SAID THAT THEY OPPOSE THIS, UM, THIS PROPOSAL.
UH, THIS NEIGHBORHOOD WAS BUILT IN 1949.
SO THE, SO THE, SO THE ARGUMENT THAT THERE'S NO WAY OF BEING ABLE TO CALL 9 1 1.
EVERYBODY HAS ACCESS TO BE ABLE TO CALL AN EMERGENCY.
EVERYBODY HAS A LANDLINE AND ACCESS TO A PHONE.
UM, THERE, WHY IS THERE ONLY ONE LANDLORD THAT WOULD ACCEPT THIS PROPOSAL IF THEY WENT UP AND DOWN THE STREET AND THEY, THE ONLY ONE PERSON ACCEPTED IT? I KNOW WHY THEY ACCEPTED IT, BECAUSE THIS LANDLORD PRETTY MUCH HAS AN EYESORE.
IT HAS WEEDS, IT LOOKS BROKEN, THERE'S BROKEN BOTTLES.
SO THIS RIGHT HERE IS GONNA BE ANOTHER EYESORE ON TOP OF ANOTHER EYESORE THAT'S GONNA LOWER OUR PROPERTY VALUES AND ALSO CAUSE THE PEOPLE THE NEIGHBORHOOD TO BASICALLY DEGRADE IN OUR PROPERTY VALUES.
AND ALSO THAT WILL HELP HINDER THE SCHOOLS, HINDER OUR PROPERTY VALUES AND EVERYTHING ELSE.
UH, IT'S AGAINST THE ORDINANCE.
I WAS JUST TALKING TO A NEIGHBOR.
HE SPENT A HUNDRED THOUSAND IN HIS BACKYARD, BUT ONLY TO BE ABLE TO LOOK AT THIS TOWER.
NOW, AT HIS BEAUTIFUL BACKYARD, HE SPENT A HUNDRED THOUSAND DOLLARS.
THAT'S NOT A GOOD USE OF HIS MONEY OR THE PROPERTY VALUE THAT HE'LL RECEIVE WHEN HE WANTS TO SELL IT.
AND THERE'S BEEN NO JUSTIFICATION THAT IF A CATEGORY FIVE STORM OR A FOUR STORM, IF IT HITS THIS TOWER, THERE WILL NOT BE ANY TYPE OF DEBRIS OR THE TOWER WILL FALL.
BUT WHAT ABOUT THE ACTUAL SENSORS AND THINGS THAT ARE ON IT? I'M AN ENGINEER.
IF I DID THIS ROUTE RE REGULATIONS, I'D BE IN JAIL.
UM, LIKE I SAID, THERE'S NO OUTAGES.
THERE'S NO OUTAGES IN THE NEIGHBORHOOD.
UM, THE ONLY EMERGENCY THAT I SEE IS IF THIS, IF THE TOWER OR IF DEBRIS FALLS ON SOMEBODY AND INJURES SOMEBODY AND POSSIBLY KILLS 'EM, THAT'LL BE THE EMERGENCY THAT YOU GUYS NEED TO WORRY ABOUT.
SO ALSO, THIS GUY GAVE AN OPTION FOR ANOTHER TOWER WITH MINOR MODIFICATIONS.
I DON'T UNDERSTAND WHY THAT'S NOT BEING CONSIDERED.
IT'S ONLY, ONLY HE'S BEING CONSIDERED BECAUSE THERE'S MONEY IN THE DEAL AND HE WANTS TO MAKE MONEY OFF THE TOWER.
UH, JOSE BASQUEZ, GOOD AFTERNOON, UH, COUNCILORS, THANK YOU FOR YOUR TIME AND THANK YOU EVERYONE HERE, UH, FROM THE COMMUNITY.
UM, I AM ONE OF THOSE, UM, RESIDENTS THAT ARE RIGHT BEHIND THAT.
I JUST MOVED THERE ABOUT SIX MONTHS AGO.
INVEST ABOUT CLOSE TO 175,000 TO REMODEL THE PROPERTY.
AND I'LL, YOU KNOW, WE, YOU KNOW, BE GOING INTO THIS.
UM, THERE'S A CONCERN, OF COURSE, ABOUT THE PROPERTY VALUE, BUT I'M MORE CONCERNED ABOUT MY, MY FAMILY.
UM, WHY WOULD IT HAPPEN IF SOMETHING, YOU KNOW, UNEXPECTED HAPPEN? WE HAVE, THERE'S NO WAY NO ONE CAN CONTROL A HURRICANE.
HOW FAST WE'LL GO, WHAT IT WOULD DESTROY AND WHAT IT WOULD DO.
SO IF WE WERE NOT HERE TO PROTECT LIVES OR PROTECT, YOU KNOW, THE NEIGHBORS PROTECT THE FAMILIES, THEN WE'RE NOT DOING ANYTHING.
AND I KNOW THAT, YOU KNOW, THIS COMPANY THAT IS PROPOSING THIS, IF THEY WILL HAVE TO DO THAT IN THE BACKYARD, I CAN ASSURE YOU A HUNDRED PERCENT THAT THAT WILL NOT HAPPEN.
SO, YOU KNOW, I REALLY, YOU KNOW, WOULD LIKE TO, FOR YOU TO CONSIDER ALL THOSE THINGS, YOU KNOW, UH, PROPERTY VALUE, MONEY, THAT DOESN'T COUNT ANYTHING WHEN SOMEBODY LOSE A LIFE.
SO WE HAVE TO JUST CONSIDER THAT, THAT ALL THESE FAMILIES THAT WE ARE AROUND THERE ON THE FAL ZONE, UH, WE ARE IN DANGER IF THIS GOES UP.
I'VE LIVED IN OAK FOREST SINCE 1949.
I'M THE FACE OF THE COMMUNITY.
MY FATHER ACTUALLY SOLD ME THE HOUSES WHEN THEY WERE NEW, SO I KNOW THERE'S A LOT OF BLACK LINE HERE, WHITE, BLACK.
WOULD YOU DO IT OR NOT? SO A LOT OF PEOPLE HAVE EXPRESSED A LOT OF THINGS.
I WOULD HAVE SAID ALSO, I'M A FORMER PAST PRESIDENT OF THE LITTLE LEAGUE THAT'S THERE.
IT'S BEEN THERE OVER 50 YEARS.
I'VE SEEN A LOT OF CHANGES IN OAK FOREST.
WE SAW TC DISTRICT EXPANSION, HALFWAY HOUSE, PUT IN OUR NEIGHBORHOOD, UH, LOW INCOME HOUSING.
UH, YOU SEE THE DIVERSITY OF PEOPLE HERE.
WE'RE, WE'RE ACCEPTING NEIGHBORHOOD.
WE'VE SEEN AN IMPACT ON EACH ONE OF THESE DEALS, AND WE THINK IT WOULD BE AN IMPACT ON THIS ONE TOO.
I'M AGAINST, UH, I'D SAY, UH, FOUR OF THE FIVE ITEMS, UH, AS EXPRESSED THE TIRE.
THEY SAY IN THIS AFFIDAVITS, NOTHING'S IN A THOUSAND FEET, BUT THERE ARE THOSE TWO TOWERS ABOUT 1,250 FEET.
WE ALREADY HAVE TWO HOURS AS TWO TOWERS AS THIS MAN SAID.
SO WHAT I'D LIKE TO KNOW, THEY SAY THEY TRY TO
[01:20:01]
GET OTHER PROPERTIES.WHERE WERE THOSE OTHER PROPERTIES? AND THAT YOU NOT GO FOR THOSE AT AND T NOT GO FOR THOSE 'CAUSE OF THE MONEY, OR WERE YOU REALLY NOT HAVING ANY LANDLORD LANDLORDS THAT WOULD GIVE IT TO YOU, UH, LEASE IT TO YOU.
I'D LIKE TO ASK COMMISSION, HOW MANY OF THESE TYPE OF WAIVERS HAVE BEEN REJECTED FROM YOUR COMMISSION SO FAR? PEOPLE COME TO YOU AND ASK OF THESE, IS THERE A STAT? IS THERE A PERCENTAGE? HOW MANY ARE ACCEPTED? ITEM FOUR AND FIVE.
THEY STATE THESE THINGS, BUT I LIKE TO KNOW, HOW DO WE KNOW THAT'S A FACT? UH, THEY SAY APPLICANT DOES NOT VIOLATE ANY ORDINANCES OR REGULATIONS.
HOW DO WE KNOW THAT OTHER THAN THEM SAYING THAT ON THIS STATEMENT? LIKEWISE ON FIVE, HOW DO WE KNOW THAT? IS THERE ANY GUARANTEE THAT AS A LAWYER HAS WRITTEN, IS ANYBODY ELSE HERE TO DISPUTE IT? SO IF THIS IS GRANTED IN ANOTHER THREE YEARS, CAN ANOTHER COMPANY REQUEST THIS SAME THING AND YOU PUT ANOTHER TOWER IN OUR NEIGHBORHOOD? WE HAVE TWO NOW.
HOW MUCH DO YOU WANT A NEIGHBORHOOD TO TAKE? THANK YOU VERY MUCH.
THANK, THANK YOU FOR YOUR TIME.
UH, WE, I CAN'T SEE VISUAL ON MR. MELCHER, SO WE, IT'S A QUORUM ISSUE FOR US.
UH, JOHN, IF YOU'RE STILL ON, CAN YOU TURN ON YOUR VIDEO PLEASE? WE HAVE TO HAVE, WE HAVE TO HAVE VIDEO.
UNDER THE OPEN MEETINGS ACT TO ALLOW ANY OF THE MEMBERS TO ATTEND BY VIDEO, THEY HAVE TO BE VER I THEY HAVE TO BE VISIBLE AND AUDIBLE.
I KNOW I'M HERE AND I'M REBOOTING.
UH, WE HAD TO REBOOT BECAUSE WE HAD A, A PROBLEM.
SO WE ARE REJOINING BY VIDEO VERY QUICKLY, BUT I HAVE NOT LEFT AUDIO.
IF WE CAN HOLD FOR A MINUTE, MR. CHAIR.
I DON I DON'T WANNA, I DON WANNA GO TO TODAY.
I'M, I DON'T WANT Y'ALL TO GO TO JAIL EITHER.
YEAH, NO, I'M, I'M A JUDGE ON THE MAGISTRATE BENCH AND I'VE NEVER, I'VE NEVER ACTUALLY HAD A DEFENDANT FOR VIOLATING THE OPEN MEETINGS ACT.
THAT WOULD BE VERY, VERY, UH, INTERESTING ACTUALLY.
THERE WERE SO MANY, UH, ON THE TEAMS MEETING THAT IT KICKED ME OFF.
SO I I WAS ALREADY DIALED IN BY PHONE.
LEMME JUST JOIN YOU ON THE
UH, ANYONE THAT'S ATTENDING THE MEETING, IF YOU HAVE YOUR CAMERA ON, UH, PLEASE TURN YOUR CAMERA OFF SO WE CAN GET SOME BETTER, UH, SIGNALS IN THE MEETING.
IF YOU HAVE YOUR CAMERA ON, TURN YOUR CAMERA OFF, PLEASE.
THAT'LL IMPROVE THE COVERAGE, UH, IN THE MEETING.
YEAH, IT'S, IT'S NOT, IT'S NOT LETTING ME, IT'S NOT.
UH, IS THERE DISCUSSION ON THIS ITEM, MR. MELCHER? UH, I'LL, UM, WELL, THERE'S SO MANY TO SPEAK.
I WOULD JUST LIKE EVERYBODY ELSE TO, TO BE HAD
[01:25:01]
THEIR OPPORTUNITY.THE ONE THING I WOULD ASK IS THAT IF, UH, WE'VE HAD, UH, POINTS THAT HAVE ALREADY BEEN MADE, UH, WE COULD CALL FOR THOSE WHO WOULD LIKE TO REITERATE A CERTAIN POINT, BUT IF WE'VE ALREADY PLOWED SOME OF THE GROUND, WE'D LIKE TO PLOW NEW GROUND BY ASKING OUR FUTURE SPEAKERS IF THEY'VE GOT SOMETHING TO ADD THAT HASN'T BEEN COVERED YET, WE WOULD CERTAINLY APPRECIATE THAT.
OTHER THAN THAT, UH, I, I HAVE NOTHING ELSE.
ALL TESTIMONY HAVING BEEN CONSIDERED.
OH, WE, WE DON'T HAVE ANY OTHER STICKERS.
HE SAID THAT WE HAD HEARD FROM EVERYONE, SO.
IS THERE ANYBODY ELSE IN THE ROOM OR ONLINE OR BY SMOKE SIGNAL WHO WANTS TO CHIME IN? SMOKE SIGNAL GETS US BACK TO THE WHOLE VIDEO.
WELL, ALL, ALL TESTIMONY AND EXHIBITS HAVING BEEN CONSIDERED AND ALL CONSIDERATIONS HAVING BEEN MET, IS THERE A MOTION ON THIS ITEM? COULD I, MR. CHAIR? YEAH, I HAVE A COUPLE OF COMMENTS REAL QUICKLY IF I COULD.
FIRST I HAD A QUESTION FOR STAFF AS TO WHETHER OR NOT THERE'S A TOWER WITHIN A THOUSAND FEET OF THIS SITE.
NOT AN APPROVED TOWER WITHIN 1000 FEET.
I WAS ASSUMING NOT THAT, THAT ADDS TO YOUR BURDEN OF FINDING, OF MAKING FINDINGS.
SO I DID WANNA MAKE SURE IT WAS NOT INCLUDED IN THE, IN THE MATERIAL.
UM, I'D LIKE TO POINT OUT THAT, YOU KNOW, THIS COMMISSION IS CHARGED WITH NOT JUST GRANTING WAIVERS BECAUSE SOMEONE ASKED, THE COUNSEL HAS DETERMINED THAT WAIVERS MAY BE APPROPRIATE IN CERTAIN CIRCUMSTANCES.
YOU ARE ESTABLISHED AS THE EVIDENTIARY QUASI-JUDICIAL BODY IN THIS, IN THIS REGARD.
AND THE ORDINANCE PROVIDES THE FINDINGS THAT YOU, YOU NEED TO MAKE AND MAKE SURE THAT THE APPLICANT HAS MADE THOSE ARGUMENTS TO YOUR SATISFACTION, THAT THEIR EVIDENCE SUPPORTS THAT.
SO, UM, THOSE ARE THE, THE, THE ISSUES BEFORE THE BOARD.
UM, THEY'RE LISTED OUT ON THE PAPERWORK THAT YOU HAVE BEFORE YOU, I DON'T KNOW IF WE COULD PUT A, A SLIDE OR, OR ARE ARE THEY ON A SLIDE, DEVIN, OR JUST OKAY.
SO IT'S JUST, JUST THE ONES ON THE APPLICATION AND THAT HAVE BEEN READ INTO THE, UM, THE RECORD PREVIOUSLY.
AND I WANTED TO REFLECT TOO THAT I'VE GOT THREE EXHIBITS FROM ONE OF OUR SPEAKERS.
MR. NO, WE'VE GOT, UM, I BELIEVE THIS, LET'S SAY AN EXHIBIT FROM THE APPLICANT.
AND THEN I'VE GOT A NUMBER OF SPEAKERS FORMS HERE, AND I WANNA MAKE SURE I HAND THESE OFF FOR THE RECORD.
'CAUSE I'VE GOT THREE EXHIBITS HERE THAT I DON'T THINK GOT LOGGED IN FROM.
MR. MELCHER MEMBERS, UH, UH, ANY OTHER MEMBERS? UH, PLEASE FEEL FREE.
ANY OTHER COMMISSIONERS HAVE ANY, UH, ISSUES COMMISSION MEMBERS ARE ALLOWED TO DISCUSS THE ITEM BEFORE ANYBODY MAKES A MOTION, IF YOU'D LIKE, IF THERE'S DISCUSSION OR QUESTIONS TO BE HAD.
WELL, I, I, I JUST WANTED TO, TO COMMENT IF SOMEBODY ELSE'S.
UM, UH, I THINK COUNCIL GAVE A, A, A VERY GOOD, UH, UH, AT LEAST TOUCHED ON, UH, THE EXPLANATION OF THE RIGHT TO BUILD, UM, THE COMMUNICATIONS ACT, UH, WAS PASSED BECAUSE WE HAD SO MANY, NOT JUST US, BUT EVERYBODY AND THE COUNTRY HAD SO MANY, UH, UH, PROTESTS ABOUT, I DON'T WANT A TOWER IN MY BACKYARD.
CERTAINLY THAT'S UNDERSTANDABLE.
UM, AND, UH, YOU KNOW, NOBODY WANTS TO HAVE A TOWER IN THEIR BACKYARD.
THE ISSUE WAS, AS THE WIRELESS INDUSTRY PRESENTED TO CONGRESS AND CONGRESS ACCEPTED, WAS THAT WITHOUT TOWERS, WE CAN'T PROVIDE, UH, SERVICE.
AND, YOU KNOW, WITHOUT SERVICE, THERE IS NO INFRASTRUCTURE.
THE, THE WAY THE CONGRESS, UH, PASSED AND THE FCC INTERPRETED, AND IT HAS BEEN HELD, UM, UH, UNDER A LOT OF LITIGATION, BUT, UM, IS THAT THE, THE CARRIERS CANNOT BE CONSTRAINED FROM MEETING THE DEMANDS THAT THEY HAVE ON THEM.
[01:30:01]
USUALLY, THAT IS EITHER COVERAGE OR CAPACITY, OR A COMBINATION OF BOTH.AND AS THE, UM, PEOPLE ARE CUTTING THE CORD ALL OVER THE PLACE, YOU KNOW, FEWER AND FEWER LANDLINES EXIST.
I'M SURE IN THIS NEIGHBORHOOD, BECAUSE IT'S VERY WELL ESTABLISHED, A LOT OF LANDLINES EXIST IN THIS NEIGHBORHOOD.
BUT AS PEOPLE ARE CUTTING THE CORD, UH, MORE AND MORE PEOPLE ARE USING CELLULAR FOR, UM, YOU KNOW, THEIR, THEIR PRIMARY COMMUNICATION.
BUT IT'S NOT JUST THE VOICE COMMUNICATION THAT IS THE ISSUE HERE IT IS THE, UH, UH, OVERWHELMING GROWTH IN THE USE OF DATA AND THE TYPES OF DATA.
AND SO IT USED TO BE JUST, YOU KNOW, YOU COULD SURF THE WEB, BUT NOW EVERYBODY'S STREAMING MUSIC AND VIDEO AND ALL THIS OTHER KIND OF STUFF THEY'RE DOING, DOING.
AND, UH, SO THE DEMANDS DO GROW.
WE CERTAINLY UNDERSTAND THAT THERE IS A, A, A PARTICULAR, UH, ISSUE, UH, WITH, UH, HOW DO YOU DOCUMENT THAT GROWTH AND HOW DO YOU, HOW DO YOU PROJECT THE GROWTH AND HOW DO YOU QUALIFY FOR IT, UH, TO, TO CREATE INFRASTRUCTURE THAT WOULD MEET THAT GROWTH? THE, UM, THE, THE, THE CROWN CASTLE REPRESENTATIVE AND, AND CROWN CASTLE HAS BEEN BEFORE THIS COMMISSION A HUNDRED TIMES, I GUESS, OVER THE YEARS.
AND, UM, UH, I DON'T KNOW IF, IF THEY MIGHT, UH, BE CONSIDERED TO BE WANTING TO POACH A CLIENT HERE, BUT, UH, CROWN CASTLE DID NOT OFFER THEIR, UM, RF, UH, STUDIES, UH, OR PROPAGATION MAPS OR ANYTHING THAT, THAT WOULD SHOW THIS PARTICULAR COMMISSION THAT, UM, UM, THAT, UH, THEY HAD AN ANSWER TO THE PROBLEM.
UH, UH, THE WITNESS GAVE TESTIMONY.
BUT USUALLY THE, THOSE OF US THAT ARE MORE TECHNICALLY INCLINED WOULD LIKE TO, UH, SEE THAT DATA.
MY SUGGESTION HERE, AND THIS WOULD CERTAINLY BE SUBJECT TO VOTE, BUT MY SUGGESTION WOULD BE THAT, UH, WE TABLE THIS, UH, AND ALLOW THE, UH, CARRIER, THE APPLICANT AND THE CARRIER TO HAVE DISCUSSIONS TO SEE IF THERE IS A BETTER, SINCE, SINCE TESTIMONY HAS BEEN GIVEN, THAT THERE IS ANOTHER OPTION.
I DON'T THINK THE COMMISSION CAN IGNORE, UH, A REQUEST BY THE COMMUNITY TO LOOK AT OTHER OPTIONS.
SO MY SUGGESTION WOULD BE IF THE, IF MY COLLEAGUES ON THE COMMISSION WOULD GO ALONG WITH IT, IS THAT WE TABLE THIS, UH, WE SCHEDULE IT.
I DON'T THINK WE NEED TO GIVE IT A TON OF TIME HERE, BUT I THINK WE SHOULD TABLE IT AND RESCHEDULE IT FOR DISCUSSION.
DISCUSS WITH THE REST OF THE DATA THAT HAS BEEN REQUESTED.
IS THAT A MOTION? I, I, I, I DON'T, I CAN, I CAN, I CAN MAKE A MOTION OR WE CAN DISCUSS FURTHER, BUT I, UH, MAKE A MOTION.
BUT COULD I ASK THAT WE, THAT WE TABLE IT TO A DATE CERTAIN, BECAUSE THAT WILL PRESERVE NOTICE.
SO I DON'T KNOW WHAT THE NEXT REGULARLY SCHEDULED MEETING IS, BUT, UM, MR. RODRIGUEZ, IT'S OUR THIRD, IT'S USUALLY THE THIRD MONDAY OF THE MONTH, SO I'M NOT SURE EXACTLY WHERE THAT FALLS.
28TH AND I HAVE SOME OUT, WE HAVE THE 21ST OF AUGUST WITH THE, UM, THAT'S THE NEXT THIRD MONDAY GOING INTO AUGUST, THE 21ST OF AUGUST.
CAN I ASK TO MAKE, UM, I, I CAN DO THE 21ST OF AUGUST? YES, I CAN.
ARE, ARE YOU UNABLE TO MAKE IT? I WILL BE.
SO I, I WANNA MAKE SURE YOU CAN BE HERE.
IT WOULD EITHER BE AUGUST 21ST OR SEPTEMBER 18TH, IF YOU STICK TO YOUR REGULAR SCHEDULE.
SO THE, SO THE DATE IS THE AUGUST IS SEPTEMBER.
THE WHAT? HE CAN'T DO AUGUST 21ST OR SIX.
HE CAN'T DO AUGUST 21ST, SEPTEMBER 18TH.
UH, MR. MELCHER, ARE YOU MAKING A MOTION THIS TO BE TABLED UNTIL SEPTEMBER THE 18TH? ACTUALLY, THE 18TH WORKS BETTER, SO, YES.
MS. SMITH, DO YOU WANNA SECOND THAT? YES, SIR.