June 5, 2009

The regular meeting of the Development Advisory Committee was held on June 5, 2009 at 9:00 a.m. in the Porter County Administration Center, 155 Indiana Avenue, Valparaiso, IN.

Those members present were Kevin Breitzke, Joey Larr, Tim Cole, Harvey Nix, Mike Haller and Robert W. Thompson Jr.  Also present was Toni Byers.

The following cases were heard by the Committee on this date:

Case 09-6-10.  Petition of Verizon Wireless, 500 Technology Drive, Ste. B-300, Weldon Spring, MO, seeking a change of use for a new cell tower, to be located on the East side of CR 725 W., about 185 feet North of U.S. Highway 30 in Union Township.

Stu Harrison stated that he and Ed Murray are representing the petitioner in this matter.

Mr. Thompson stated that this was approved at the BZA at their 5-20-09 meeting, subject to more information on collocators and height and the heights of surrounding towers in the area.

Mr. Harrison stated that at the last BZA meeting they asked questions about the collocation and various towers in the area and Fred Siminski provided some information to them and they had no problem with that. Basically Verizon would like to put this online as soon as possible, a project  that not only benefits 911 and the local citizens, but also governmental agencies and so forth.  It’s a 176-foot pole and there will be a shelter at the bottom.  It will be fenced in and landscaped.

Mr. Thompson stated that they were asking for information on collocators and the height.  What height are they putting this at?

Mr. Harrison stated, 170 and a 6-foot lightning rod.

Mr. Thompson asked if they sent this out to other carriers.

Mr. Harrison stated, yes.  Basically, that was part of the BZA requirements.

Mr. Thompson asked if they have anyone else interested besides Verizon.

Mr. Harrison stated, not at this time yet.

Mr. Thompson asked how many other locations they have available.

Mr. Harrison stated, at least two to three.

Mr. Nix stated, on the drawing that they have, it sits back about a little over 307 feet off Hwy 30.

Mr. Harrison stated, 278 feet.

Mr. Nix stated, and then there’s a tree line already there.

Mr. Larr asked if the BZA asked questions about putting this up as a 200-foot tower.

Mr. Harrison stated that that was part of the collocation, questions as whether or not to go higher and they felt that was not necessary for this project.  Basically, at 170, 160, 155, 145, 135 are all heights that are doable for other carriers.

Mr. Larr stated that he knows it’s right in line with three other sites.

Mr. Harrison stated that it’s in the middle, pretty much. They looked at all those and told the BZA what the problems were and they understood this one was necessary.

Mr. Thompson asked if Verizon is going to own the tower.

Mr. Harrison stated that Verizon will.

Mr. Thompson asked if there is a backup generator in this.

Mr. Harrison stated that there is one inside the shelter.

Mr. Thompson asked what it runs on.

Mr. Harrison stated, diesel fuel.  It’s 60 kilowatts, and everything is self-contained within the concrete aggregate building and they test it once a month.

Mr. Thompson stated that they should notify the fire department about that.  And you said you’re not going to touch any of the trees up along U.S. 30 and the buffer, too?

Mr. Harrison, stated, no.

Mr. Breitzke asked if they are going to have a spill pan, too, for the diesel generator to collect any fuel that might get out.   The dimensions they have on the survey sheet and C-1 of the site plan are all in feet; unfortunately, they aren’t the same.   They have from 725 W. on the survey 180.5 to the tower  and, on the site plan, 271 feet. On the survey, 185 feet from the right-of-way of U.S. 30 and 278 feet, so they need consistency.

Mr. Harrison stated that the survey is correct.

Mr. Breitzke stated, then they need to correct the site plan.   He asked if they are far enough  away from 725 when they figure the fail safe calculation?  Is there a hinge?  This is a monopole?

Mr. Harrison stated, yes.   He stated that it doesn’t fall like a tree.  It has at the top of each unit, where they weld, the upper part would bend over.  

Mr. Breitzke asked, at what heights?

Mr. Thompson stated that he’s heard some monopoles will bend halfway down just to relieve the wind pressure on it.  Where is that point at?

Mr. Harrison stated that he wouldn’t know precisely, but it’s usually 28 to 25 feet on both sections, so it would be around the 145 to 150 level.

Mr. Breitzke asked, was the ordinance going for 110 percent of the tower height?

Mr. Thompson stated that he doesn’t recall.

Mr. Breitzke stated that we want to make sure of that.   Have they visited with County Highway for a permit and the culvert for the drive entrance?

Mr. Harrison stated that the contractor will provide for that.

Mr. Breitzke stated that it appears that they have an elevation that’s at the low point in the middle of the driveway, maybe about 80 feet back, or so.  He’d suggest they put a second culvert in there just to make sure water doesn’t build up on one side or the other on the new driveway.  It would appear from the topography that the low point is actually further back from the highway, but they need culverts in both places.

Mr. Cole stated that it appears that the landscaping plan is as they had talked about previously.

Mr. Harrison stated, yes.   He asked if Virginia pine is a common species in this area.  

Mr. Cole stated that he thinks so.

Mr. Harrison stated that he knows there was some difficulty in locating a supplier on it.

Mr. Breitzke stated that he and Ray Joseph have discussed that in the past and it just seems to be a bit more sensitive tree around here, maybe because of the soil types.

Mr. Haller asked if there’s been any investigation done as to whether there’s a buried field tile in there.

Mr. Harrison stated that the owners provided a drawing, and what they want them to do – and they put it on the plans – that if any tile is interrupted it has to be corrected, rebuilt, redesigned, and that was part of the leasehold with the owners.   They were unsure where it was until – what they did is put on the site plan that they’d protect it.   The owners are Cathy Horan and Linda Keen, sisters.

Mr. Haller asked if they have the collocates already figured out.

Mr. Harrison stated, not yet.  Verizon Wireless is at 170.

Mr. Haller asked what company puts the tower up for them.

Mr. Harrison stated, United Contracting.   

Issues raised were consistency in directions – correct site plan; check if  this complies with the fail safe requirements; install second culvert in drive; notify fire department.

Case 09-6-11.  Petition of AT&T Mobility, 635 E. Remington Rd., Schaumburg, IL, seeking review for the collocation of antennas at 180 feet on an existing 230-foot guyed tower, and a 10 by 20-foot equipment shelter, to be located on the Southwest corner of CR 500 E. and U.S. Hwy 12 in Pine Township.

Tony Phillips stated that he is representing the petitioner in this matter.  He stated that he is also representing Verizon Wireless in a collocate petition at 576 S. 300 W. He stated that on AT&T, the drawings that they have aren’t really correct, because he gave a structural report that said they were going to be at 190 feet, and the drawings said 180 feet, so they changed the drawings to 190 feet and  they changed the address on the drawings per Ray Joseph’s request, because he guesses Lakeshore County Road doesn’t exist.

Mr. Thompson stated that it does.  They use the name North of 20 more and when it goes up into Beverly Shores.

Mr. Phillips stated that to make it easier they put the Southwest corner of 500 E. and U.S. 12.  The AT&T site is a guyed tower.

Mr. Breitzke stated that there are addressing conflicts in that area and each house has three addresses.

Mr. Phillips stated that on the AT&T site they changed the height and the address.  The tower height is 230; they’re going at 190.  They are looking to put in a shelter, 26 by 11, which is a normal shelter.  They are basically already outfitted and are prefab.  It’s within the existing compound.  They are expanding to the North somewhat, to match existing.

Mr. Thompson stated that there is a pretty good-sized slope there.

Mr. Nix asked if  the proposed building already has a fence all the way around it.

Mr. Phillips stated that it looks like they are expanding the fence here.

Mr. Nix stated so the old building with its fence and this will connect together.

Mr. Phillips stated that they will use the same access road.

Mr. Nix asked if the guyed wires cross the building.

Mr. Phillips stated that they are underneath the guyed wires.

Mr. Thompson asked if they are going to take down any of the trees.

Mr. Phillips stated, no.

Mr. Thompson stated that it’s pretty well screened.

Mr. Phillips stated, yes.

Mr. Thompson asked if there is a generator inside.

Mr. Phillips stated that he doesn’t think they use generators.  There is an air conditioning unit to keep things cool.

Mr. Breitzke stated that he didn’t see any culvert under the driveway.  Is there one at this site?

Mr. Phillips asked if it’s necessary at that point.  They only come in here once a month, if that.

Mr. Breitzke stated that the County Highway Engineer should verify if this needs a culvert and that he report back to Plan Commission and the Commission staff prior to the issuance of  the permit.  

Mr. Phillips stated that this access road has been here for a long time.  

Mr. Breitzke stated that he understands, but that doesn’t matter if it’s creating a problem.  He thinks the County Highway needs to make sure that everything is kopacetic, the drainage along the edge of the road and they deem it necessary to have a culvert.  They should have a culvert whether one has been there historically or not. You got to take care of business as it occurs. Also, you are fencing in your new area separate from the Nextel cabinet.

Mr. Phillips stated, yes, they are expanding the compound.   They will connect to the existing fence. Typically what they do is expand the existing fence – they do a fence push – just make it bigger.

Mr. Breitzke stated that he sees an existing 4-foot gate and a proposed 4-foot-wide gate.  So, are you going to have two gates, or is there separation between the two facilities.  

Mr. Phillips stated that it looks like they are going to leave the existing fence between the two and then they are putting an access gate on the outside.  

Mr. Breitzke asked if there is an issue about having the fence between the two cabinets or should that fence be removed for any reason?

Mr. Thompson stated that he doesn’t have any problem with it.

Mr. Breitzke asked if fences are supposed to be a certain distance from any accessory structure.

Mr. Thompson stated, no.  

Mr. Cole asked if this is Nextel’s tower.

Mr. Phillips stated, correct.  

Mr. Cole stated, so they are responsible for the driveway, the access road and they are using it.

Mr. Phillips stated, correct.

Mr. Cole asked, how far away are the guy wire anchors from the base of the tower?

Mr. Phillips stated, he couldn’t tell you. Normally it’s not an issue on an existing tower.

Mr. Cole stated that eventually Mr. Brown’s family will probably divest themselves of many of these properties. What happens to this ground now that it’s dedicated in such a large section for the fall of this tower, should that ever occur.  What kind of a contract is there?

Mr. Phillips stated that he doesn’t know what the underlying lease is.  There are leases with the tower owner and the property owner.  They’re getting ground space from the Brown family.

Mr. Cole asked if they have a running easement.

Mr. Phillips stated, yes. Because it’s a sub-lease, they are in with their existing easement. Our lease grants us permission to access through the property based on the underlying master lease.   

Mr. Cole stated, and you don’t have a generator for backup?

Mr. Phillips stated, not on this site.

Mr. Cole asked, are there no hazardous materials.

Mr. Phillips stated, none.  It’s a prefabricated shelter.  So far as he knows, right now Verizon is the only one that’s putting generators inside their shelters.  Their shelters are 30 feet long, and they have a generator inside.  Normally what his company does is they have five generators on trailers in their warehouse and, if there’s an issue, if one of their clients needs it, they roll it out there right away.

Mr. Haller stated that when the time comes to issue a certificate of occupancy, who gets it?

Mr. Phillips stated, AT&T.  

Mr. Haller stated that AT&T is not listed on the front cover of this packet in any way, shape or form.  He’s the guy who’s going to have to load this into their software and somebody….whoever it’s issued to (the certificate of occupancy) is going to have to tell the other five that it’s been issued.   He needs to lock down exactly where that thing is going.

Mr. Breitzke stated that there’s two sets of drawings. There’s one for AT&T and another for the (inaudible).

Mr. Haller stated that he doesn’t have the tower owner listed.

Mr. Phillips stated that he doesn’t know why they don’t have that listed on here. It might be American Tower.  We have a lease with the tower owner.

Mr. Haller stated that he’s going to send the Certificate of Occupancy to AT&T Mobility.  

Mr. Breitzke asked, when he was dealing with the Brown family, was that Mrs. O’Bringer?

Mr. Phillips stated that it was Val Blumenfield, who is maybe the daughter.

Issues raised were to send Mr. Haller a copy of the lease  and have County Highway verify if there is a culvert needed prior to issuing the building permit.

Case 09-6-12.  Petition of Verizon Wireless, 1515 Woodfield Rd., Ste. 1400, Schaumburg, IL, seeking a collocate review for the addition of antennas at 140 feet on the existing 150-foot self-supporting lattice tower and an 11.5 foot by 30 foot equipment shelter, to be located at 576 S. 300 W., in Porter Township.

Tony Phillips stated that he is representing the petitioner in this matter.

Mr. Thompson asked if they will have a generator.

Mr. Phillips stated that they will.

Mr. Thompson stated that they will want to contact the Boone Grove Fire Department.

Mr. Nix asked if there is a catch basin on that side of the road.

Mr. Phillips stated that he doesn’t know.   There’s a drain in there; he was thinking that there must be a catch basin, but it must be on the other side.   

Mr. Thompson asked who owns this tower.

Mr. Phillips stated that it’s American Tower.

Mr. Breitzke stated that they should watch the drainage around there.  If they run across a tile, they should notify his office.  If they should run across a tile and break it, there’s a specialty in repairing tile, and he just wants to make sure that they do it right.

Mr. Thompson stated that on the North side of that old abandoned railroad there, where it says NIPSCO, there is a high-pressure pipeline there.

Mr. Phillips stated that they won’t go near that one.

Mr. Cole stated that their easement extends over the former railroad easement.

Mr. Phillips stated that American Tower has a lease with the landowner.  In that lease it gives  them the access easement, and then they’re coming in as a sub-lessee. They’re granted permission  through the master lease to sub-lease, so they have access.  

Mr. Cole stated that on the former railroad easement, is this the proposed route of the American Discovery Trail?

Mr. Thompson stated that he thinks it’s one that they’ve looked at, but he thinks what they are going to do is hit Kouts and then go across the old Pennsy and then take that up into Crown Point.

Mr. Cole stated, so this wouldn’t conflict in any way with any proposed trail.

Mr. Thompson stated, not that he’s aware of right now.

Mr. Phillips stated that they’re going  to be pretty tight to the tower.

Mr. Cole asked if there are any guy wires here.

Mr. Phillips stated, no, it’s a self-supporting tower.

Mr. Haller asked who the landowner is.

Mr. Phillips stated that he really doesn’t know.

Mr. Breitzke stated, Roeske.

Mr. Haller asked who is going to install the antennas.

Mr. Phillips stated that he doesn’t know who the contractors are going to be yet.  They will come in and get registered.  Verizon usually waits until they get approval before they put out for bids.   On the AT&T one, it will probably be SAC Wireless and Newbescor(sp?).

Mr. Cole stated that on one sheet it says “parcel number revocable trust” John Aylesworth.

Mr. Breitzke stated that Jack Aylesworth may own a part of the railroad.  We do need to know regardless.  

Mr. Phillips stated that we do need to know that.  He will send a copy of both master leases.

Mr. Breitzke stated that it looked like the railroad right-of-way was one part of it and there’s land South of the right-of-way where they’re putting the new cabinets and stuff and Mr. Aylesworth might have gotten the entire railroad right-of-way at that time.

Mr. Haller stated that we need to clarify the owner.

Mr.  Phillips stated that they will send a copy of the lease.

Issues raised were to contact the Boone Grove fire department; watch drainage; and identify landowner.

There being no further business, the meeting was adjourned at 10 a.m.