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Board of Appeals
Wednesday, October 29 2008
TIME: 6:30 p.m.
LOCATION: at the Taycheedah Town Hall
Public Hearing

AGENDA

PLEASE TAKE NOTICE that the Town of Taycheedah Board of Appeals will conduct a public hearing on Wednesday, October 29th, 2008, at 6:30 p.m., at the Taycheedah Town Hall for the purpose of considering a request from Fond du Lac County for a Conditional Use Permit to construct and operate a 290-foot self-supporting wireless communication tower.

PLEASE TAKE FURTHER NOTICE that Fond du Lac County has also applied for variances to the Town of Taycheedah Code of Ordinances, Section 13-1-76(e)(8), General Requirements, for a tower with an overall height greater than 199 feet; and Section 13-1-76(h)(1), Setback and Separation, for reduced setbacks.

The tower site is located at N7601 Tower Road in the Town of Taycheedah.

A quorum of the Town Board may be in attendance.

All affected and interested parties are encouraged to attend.

Dated the 19th day of October, 2008.

Brenda A. Schneider
Secretary, Board of Appeals


MINUTES

The Town of Taycheedah Zoning Board of Appeals conducted a public hearing on Wednesday, October 29th, 2008, at 6:30 p.m., at the Taycheedah Town Hall for the purpose of considering the Conditional Use Permit application submitted by Fond du Lac County, to construct and operate a wireless communications tower. Fond du Lac County has also applied for variances to Section 13-1-76(e)(8), General Requirements, for a tower with an overall height greater than 199 feet; and Section 13-1-76(h)(1), Setback and Separation, for reduced setbacks. Members present were Chairman James Rosenthal, John Buechel, Gale Burg, Barb Bertram and Jason Meyer. The hearing was tape-recorded and Secretary Brenda Schneider took notes.
The Chairman called the public hearing to order at 6:45 p.m. The Secretary read aloud the public notice.
Ellen Sorenson, Fond du Lac County Chief of Staff, and Terry Dietzel, Fond du Lac County Assistant Planning Director, were sworn in. Their testimony and responses to Board of Appeals members’ questions were as follows:
• The County has built 3 of 5 towers needed for county-wide telecommunications infrastructure. The Oakfield site is currently under construction and the purchase of the site for the Waucousta tower was finalized last week.
• The Tower Road tower was built in 1953.
• The tower was subject to a structural audit. Structure standards have changed since the tower was built. The tower failed the audit. The estimated cost of re-enforcing the tower is $250,000.
• Propose to build a 290-foot self-supporting tower.
• The entire county-wide telecommunications project was designed based upon the location and height of the Tower Road tower.
• Once built, the County will perform a live transfer of antennas from the old tower to the new tower.
• The old tower will be torn down and removed.
• The top 1/3 of a self-supporting tower will topple onto itself via a collapsible system.
• The replacement tower will add a $400,000 overage to the county-wide project. The County feels it is fiscally responsible to build a new tower on land the County currently owns.
• The County is aware that co-location is a requirement of the ordinance. The tower will be capable of two additional tenants. The County is in negotiations with a company that would provide wireless high speed internet service county-wide.
• The existing building will be used by the County. Any co-locating companies will need to obtain a permit for any additional buildings.
• The site is 1.37 acres.
• The new tower will not be as cumbersome looking as the current tower.
• Clarence Kraus complained about the LP tank being moved from the inside to the outside of the fence two years ago. The County will have the tank removed as soon as possible.
• Clarence Kraus complained that the driveway is dangerous. The County estimated that once the new structure is built and the telecommunication structure is complete; the driveway would be used six times a year.
• The County expects completion of the new structure by Thanksgiving.
• The Nett and Wehner airstrips may be within one mile of the site. The County believes FAA has given their approval of the tower height and location.
• The site will have a new fence with coiled barbed wire around the top.
• The maintenance of the site will be taken care of in-house by either the Highway Dept. or the Central Maintenance Dept.
• The County’s communication system had become substandard. Police, fire and EMS all use the system. The new system will provide telecommunications to 95% of the county, 95% of the time. It will also eliminate the redundancy currently being experienced by fire and ambulance response teams. It is a simulcast system; only one page instead of as many as five.

October 29th, 2008 Board of Appeals 2.

Steve Dubberstein, General Manager for the telecommunication project, was sworn in. His testimony and responses to Board of Appeals members’ questions were as follows:
• A certified engineer was required to perform a tower-loading study of the structure.
• The requirement of the study is driven by the insurance industry.
• The study revealed that the tower is 185% above load without the antennas.
• Self-supporting towers do collapse into themselves.
• The County can not proceed with the project using the existing tower.
• The cost to re-enforce the existing tower was almost as much as a new tower.
• The existing tower has four legs. The new tower will have three legs made of galvanized steel. It will not have guide wires.
• The new tower will be 290 feet; same as the existing one. Sections could be added to the top; which would affect the overall loading of the tower.
• All towers over 200 feet are required to be registered with the FAA and the FCC. They are required to be lit. The County plans to use a white strobe light during the day and red lights at night.
• The new tower will be built adjacent to the existing building.
• His company was awarded the contract for the project at the beginning of the year. The study could have been done sooner. He thought the study would be just a formality. He was surprised by the results.
• All the towers will be linked by microwaves. The microwave dishes must be in line with each other. The Waucousta site had to be in a location that would avoid all the wind turbines. Now that the County’s project is licensed, any future wind turbines will have to avoid the County’s microwave paths.
• Periodic maintenance will be needed at the site every few months. His contract with the County includes 24/7 maintenance.
• The site will need to comply with R56; a 280+ page document outlining all necessary lightning grounding requirements. Lightning will be dissipated into the ground by several methods that will protect the tower, antennas and radio equipment.
• The County project is the largest his company has done; meaning the highest number of towers in one project.
• It is his intent to provide the County will good, solid safety communication.
• The project will have the latitude to change with changes in technology.
• The life-expectancy of the tower is 20-30 years. The radio equipment is at least 10 years. Changes in technology usually cause a change in equipment.

Mark Strand, Fond du Lac County Chief Deputy Sheriff, was sworn in. His testimony and responses to Board of Appeals members’ questions were as follows:
• The 9/11 attack caused an urgency with emergency communications nation-wide.
• When one fire department gets paged; all fire departments hear the page.
• Officer communication in some areas has been non-existent.
• The County-wide system needs the Tower Road tower in order to function.
• The County Highway Dept. will put up signs regarding the driveway.

Jim Rosenthal, in the interest of public safety, motioned to approve the Conditional Use Permit, as requested by Fond du Lac County, and to approve the variances, as requested by Fond du Lac County, under the following special conditions:
• The Conditional Use Permit will have a term of 10 years.
• The project must comply with all building codes and safety codes of the Electronics Industries Association.
• The project must comply with all State and Federal Requirements.
• The County shall allow co-locating of antennas.
• The tower design will be tri-pod made of galvanized steel.
October 29th, 2008 Board of Appeals 3.

• Lighting shall follow FAA standards.
• No advertising signs may be placed at the site.
• The tower shall be enclosed in fencing of a height at least 6 feet with rolled barbed wire on top.
• The tower may not exceed 290 feet.
• The front setback shall be no less than 220 feet.
• The right side setback shall be no less than 45 feet.
• The left side setback shall be no less than 145 feet.
• The rear setback shall be no less than 95 feet.
• The County must submit a $40,000 bond to be held for tower removal.
• The Town shall be named as an additional insured on the comprehensive liability insurance policy.
The motion was seconded by John Buechel.
Roll call vote:
Jason Meyer yes
Gale Burg yes
Barb Bertram yes
John Buechel yes
Jim Rosenthal yes Motion carried (5-0).

Gale Burg motioned to adjourn the public hearing adjourned at 7:54 p.m., seconded by Barb Bertram. Motion carried (5-0).





Attest.__________________________________
Brenda A. Schneider
Board of Appeals Secretary


















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