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11-10-2016 VC WS-MPresent: ROLL CALL MINUTES OF THE WORKSHOP SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA NOVEMBER 10, 2016 David B. Norris, Mayor Doug Bush, Vice Mayor Darryl C. Aubrey, Sc.D., President Pro Tem Robert A. Gebbia, Councilmember Mark Mullinix, Councilmember Samia Janjua, Interim Village Manager Len Rubin, Village Attorney Melissa Teal, Village Clerk Mayor Norris called the meeting to order at 8:56 p.m. All members of Council were present. All members of staff were present. CODE AMENDMENT — COMMUNICATIONS SERVICES Mayor Norris introduced the item and stated that the discussion was regarding a proposed Ordinance that would adopt revisions to Chapter 29, "Telecommunications," rename the chapter "Communications Services;" as well as amend the existing requirements and impose new requirements on communications services providers and facilities, including wireless communications facilities within Village rights-of-way and on property within or adjoining a residential zoning district. Mayor Norris explained the item had been brought up at the last Council meeting and it was determined a Workshop was needed. Len Rubin, Village Attorney provided a brief history on the item, explaining many municipalities throughout the State had faced the issue. Mr. Rubin stated that the Village had an old Ordinance which did not address wireless technology and that updates were required. Mr. Rubin noted the definitions, as well as the areas which could be restricted, where determined by statute. Mr. Rubin stated the primary deletions would be fees to occupy the rights-of-way, since they were now covered under the Communications Services Tax. Mr. Rubin stated that the protections previously in place were retained, and briefly reviewed the language of the revisions. Mr. Rubin noted most of the language had come from a model language from the City of Fort Lauderdale. Vice Mayor Bush asked for clarification on whether the aesthetics of an application should go before the Planning Commission. Mr. Rubin responded that he had not included that requirement because it was typically for architectural review. Mr. Rubin noted cell towers do have to go before the Planning Commission, but the equipment being contemplated would typically go on an existing pole. He stated it was not a Land Development Regulation. Tim Hullihan, 840 Country Club Drive, stated that the ordinance did everything it needed to do. Mr. Huillihan asserted his only concern was it appeared as though the review process would be changed and be possibly more in favor of a prescriptive process. Mr. Hullihan noted the Planning Commission was the only board considering aesthetics Village -wide and did the work of making sure the process was thought through. Mr. Hullihan stated the communications company and the Village would want two (2) different things, and in his opinion, the Planning Commission was the place to sort that out. Minutes of Village Council Workshop Session held November 10, 2016 Page 2 of 2 Mr. Rubin stated he would look for a way to possibly incorporate review by the Planning Commission into the process if that was the desire of the Council. Jana Loda, Attorney with Holland & Knight in Fort Lauderdale, spoke representing Verizon Wireless Communications. Ms. Loda stated her main concern with the requirement that applications go before the Planning Commission was treating providers in a competitively neutral, non-discriminatory fashion, and that applications were acted on within a certain period of time. Ms. Loda discussed State and Federal laws and stated no more restrictions could be placed than on a building permit. Ms. Loda reviewed the aesthetics briefly and discussed co -locating the equipment. Discussion ensued regarding sending applications to the Planning Commission. Ms. Loda stated she thought the Village would run into legal issues if they chose to add that provision. Mr. Rubin stated he would review the restrictions and consider a requirement that new ground units go to Planning Commission while co -located equipment would not. Mr. Rubin noted he would send revised language to the attorney for review and then bring it to a future Regular Meeting of Council. Discussion continued regarding timeframes for approval and instances where review standards could not be increased. ADJOURNMENT With no further business to come before the Council, the meeting adjourned at 9:18 p.m. c Co< pleted by Jessica Green, MMC, Village Clerk