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HomeMy WebLinkAboutResolutions - 2004.09.22 - 27696MISCELLANEOUS RESOLUTION #04248 September 9, 2004 BY: General Government Committee, William R. Patterson, Chairperson IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY, CLEMIS DIVISION - REQUEST FOR APPROVAL OF A MEMORANDUM OF AGREEMENT BETWEEN THE FEDERAL COMMUNICATIONS COMMISSION, THE MICHIGAN STATE HISTORICAL PRESERVATION OFFICER, AND OAKLAND COUNTY REGARDING THE CONSTRUCTION OF A COMMUNICATIONS TOWER AT THE VILLAGE OF LAKE ORION, OAKLAND COUNTY, MICHIGAN To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the Oakland County Board of Commissioners, by MR #98308, recognized that the County's current 800MHz radio system needed to be upgraded and expanded to encompass all public .. safety agencies and to create interoperability among public safety agencies; and WHEREAS the Oakland County Board of Commissioners, pursuant to MCL 484.1401 and MR #99279, authorized a four (4%) percent emergency telephone operational charge to pay for a new County-wide radio system that will have the ability to encompass all public safety agencies and create interoperability among public safety agencies; and WHEREAS to properly implement and operate the new County-wide radio system, the County will need to build towers at sites throughout the County; and WHEREAS the engineering design of the new County-wide radio system requires that a tower be constructed at the Lake Orion Village Police Department in order to provide adequate in-building radio coverage within the Village; and WHEREAS the Village of Lake Orion includes buildings eligible for listing in the National Register of Historic Places, necessitating the need for concurrence by the Michigan State Historical Preservation Officer prior to construction; and WHEREAS the Michigan State Historical Preservation Officer initially determined that the proposed tower would have an adverse effect on the Lake Orion Historic District; and WHEREAS the Federal Communications Commission has mitigated the potential for an adverse effect through a Memorandum of Agreement satisfactory to the Michigan Historical Preservation Officer, allowing the proposed tower to be constructed; and WHEREAS the officials of Lake Orion Village and the Lake Orion Historical District support the construction of the tower; and WHEREAS the Department of Information Technology and Corporation Counsel have reviewed the attached Memorandum of Agreement; and WHEREAS it is the recommendation of the Department of Information Technology that the Board of Commissioners accept and approve the terms and conditions of the attached Memorandum of Agreement. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves and authorizes the attached Memorandum of Agreement between the County of Oakland, the Federal Communications Commission and the Michigan Historical Preservation Officer. BE IT FURTHER RESOLVED that the County of Oakland Board of Commissioners hereby directs its Chairperson or his designee to execute the attached Memorandum of Agreement. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. GENERAL GOVERNM NT COMMITTEE to a General Government Committee Vote: Motion carried on a roll call vote with Kowall and Hatchett absent. MEMORANDUM OF AGREEMENT AMONG THE FEDERAL COMMUNICATIONS COMMISSION, THE MICHIGAN STATE HISTORIC PRESERVATION OFFICER, AND OAKLAND COUNTY, MICHIGAN, REGARDING THE CONSTRUCTION OF A COMMUNICATIONS TOWER AT THE VILLAGE OF LAKE ORION, OAKLAND COUNTY, MICHIGAN WHEREAS, the municipality of Oakland 'County, Michigan ("Oakland County") proposes to construct a 199-foot lattice-type telecommunications tower at the Village of Lake Orion, Oakland County, Michigan (with coordinates of N 42° 47' 05.87" and W 83° 14' 20.89"), to be utilized primarily for emergency 911 communications services; and WHEREAS, the Federal Communications Commission ("FCC") has determined the construction of the facility is a federal undertaking; and WHEREAS, Oakland County, pursuant to delegation from the FCC, initiated the National Historic Preservation Act ("NHPA") Section 106 review for the site as required by the FCC rules, 47 C.F.R. 1.1307(a)(4); and WHEREAS, Oakland County has consulted with the Michigan State Historic Preservation Officer ("Michigan SHPO") pursuant to 36 C.F.R. Part 800, regulations implementing Section 106 of the NHPA, and has been invited to participate in this Memorandum of Agreement; and WHEREAS, the FCC in consultation with the Michigan SHP° has determined that the tower construction would have an adverse effect on the Lake Orion Historic District, which is eligible for listing in the National Register of Historic Places ("National Register"); and WHEREAS, the FCC in consultation with the Michigan SHP° has determined that the above- referenced historical resource is the only historic property within the Area of Potential Effects ("APE") that would be affected by the proposed tower construction; and WHEREAS, Oakland County, consistent with the Commission's requirements for environmental review, has considered and evaluated a number of alternative sites for locating the proposed tower and has concluded that all of the sites considered either are unavailable for Oakland County's use, are unacceptable to the community, or are unsatisfactory from a technical radio frequency perspective for the coverage needs of the communications system supported by the antennas to be located on the tower; and WHEREAS, members of the general public and other interested parties were afforded the opportunity to participate in and comment on this proceeding through the publication of a legal notice in the Oakland Press newspaper for thirty days, from May 26, 2004 through June 26, 2004; and WHEREAS, local government officials of Oakland County approve construction of the tower at the proposed location; and NEPA-03090 2 WHEREAS, the FCC has consulted with the Michigan SHP() and other consulting parties to ensure that the historic properties affected by the construction of the tower are taken into account; and WHEREAS, Oakland County has made a reasonable and good faith effort to identify and contact Indian tribes that might attach religious and cultural significance to historic properties within the APE, including the Forest County Potawatomi, Hannahville Indian Community, and Saginaw Chippewa Indian Tribe; and WHEREAS, the Advisory Council on Historic Preservation (Advisory Council") has declined to participate in the negotiation of this Memorandum of Agreement; NOW THEREFORE, the FCC, the Michigan SHPO, and Oakland County agree that the undertaking shall be implemented in accordance with the following stipulations in order to take into account the effect of the undertaking on historic properties, and that these measures shall constitute full, complete and adequate mitigation measures under the NHPA and the • implementing regulations of the Advisory Council and the FCC. STIPULATIONS The FCC, through coordination with the Oakland County, will ensure that the following measures are carried out: I. SITE DESIGN A. The main structure of the tower shall be of lattice self-support design and shall not exceed 61 meters in height above the ground. B. The tower shall be designed to accommodate multiple carriers to encourage collocation on the tower. C. The Tower shall not be illuminated or have lights installed upon it, except as required by any federal or state laws or regulations to the contrary. D. The Tower exterior shall be constructed of galvanized steel and will remain unpainted to blend in with the surrounding environment. E. Oakland County agrees to screen the base of the tower and adjacent equipment cabinets and/or shelves with two rows of arbor vitae (5 to 6 feet in height). These rows will be staggered with each tree being approximately 10 feet on center (i.e.,10 feet separation between each tree). II. TOWER MANAGEMENT A. Oakland County shall inform its heirs and assigns or future owners of the tower of the provisions of this Memorandum of Agreement. B. Any modification to the constructed tower, not related to an antenna collocation, that affects the tower's height or footprint shall be subject to review pursuant to Section 106 of the NHPA. REMOVAL In the event that Oakland County or its successor abandons the tower and associated facilities herein, Oakland County or its successor shall disassemble the tower and associated facilities and notify the Michigan SHPO. IV. DISPUTE RESOLUTION Should the Michigan SHP() object within thirty (30) days to any plans provided for review pursuant to this Memorandum of Agreement, the FCC shall consult with the Michigan SHP° to resolve the objection. If the FCC determines that the objection cannot be resolved, the FCC shall request further comments or recommendations of the Advisory Council concerning the dispute pursuant to 36 C.F.R. Part 800. Any Advisory Council comment provided in response to such a request will be taken into account by the FCC in accordance with 36 C.F.R. Part 800 with reference only to the subject of the dispute. The FCC's responsibility to carry out all actions under this Memorandum of Agreement that are not the subject of the dispute will remain unchanged. V. ENFORCEMENT Failure to carry out the terms of this Memorandum of Agreement will require that the FCC again request the comments of the Advisory Council, in accordance with 36 C.F.R. Part 800. If the terms of this Memorandum of Agreement are not implemented, the FCC shall provide the Advisory Council with the opportunity to comment on the effects and mitigation alternatives. VI. OTHER REQUIREMENTS Oakland County will file with the FCC an application and environmental assessment within thirty (30) days of the effective date of this Memorandum of Agreement. Oakland County will not initiate construction of the tower until the FCC has approved the environmental assessment. Execution of this Memorandum of Agreement and implementation of its terms evidence that the FCC has afforded the Advisory Council a reasonable opportunity to comment on the proposed OAKLAND COUNTY telecommunications tower and that the FCC has taken into account the effects of this undertaking on historic properties. This Memorandum of Agreement shall be effective upon notice from the FCC that all parties have agreed to and signed this Memorandum of Agreement. FEDERAL COMMUNICATIONS COMMISSION By: Date: Mr. Dan Abeyta Assistant Chief, NEPA Adjudications Spectrum and Competition Policy Division Wireless Telecommunications Bureau 3 THE MICHIGAN STATE HISTORIC PRESERVATION OFFICER By: Date: Mr. Brian D. Conway Michigan State Historic Preservation Officer 4 5 OAKLAND COUNTY By: Date: Thomas A. Law Oakland County Board of Commissioners, Chairperson FISCAL NOTE (MISC. 104248) September 22, 2004 BY: FINANCE COMMITTEE, CHUCK MOSS, CHAIRPERSON IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY, CLEMIS DIVISION - REQUEST FOR APPROVAL OF A MEMORANDUM OF AGREEMENT BETWEEN FEDERAL COMMUNICATIONS COMMISSION, THE MICHIGAN STATE HISTORICAL PRESERVATION OFFICER, AND OAKLAND COUNTY REGARDING THE CONSTRUCTION OF A COMMUNICATIONS TOWER AT THE VILLAGE OF LAKE ORION, OAKLAND COUNTY, MICHIGAN To The Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced resolution and finds: 1. The resolution authorizes the Memorandum of Agreement between the Federal Communications Commission, the Michigan Historical Preservation Officer and Oakland County to authorize the construction of a Radio Tower at the Lake Orion Village Police Department which affects the Lake Orion Historic District. 2. MR #98308 recognizes that the County's current 800 MHz radio systems needs to be upgraded and expanded to encompass all public safety agencies and to create int_e_raparabili_ty among public safety agencies. 3. Pursuant to MCL 484.1401 and MR #99279 which authorizes a four (4%) percent emergency telephone operational charge to pay for a new County-wide radio system that will have the ability to encompass all public safety agencies and create intexoperability among public safety agencies. 4. To properly implement and operate the new County-wide radio system, the County will need to build towers at sites throughout the County including a tower to be constructed at the Lake Orion Village Police Department. 5. The Village of Lake Orion includes buildings eligible for listing in the National Register of Historic Places, necessitating the need for concurrence by the Michigan State Historical Preservation Office prior to construction. 6. Federal Communications Commission has mitigated the potential for an adverse effect through a Memorandum of Agreement satisfactory to the Michigan Historical Preservation Officer allowing the proposed tower to be constructed. 7. Lake Orion Village and Lake Orion Historical District support the construction of the tower. 8. The Department of Information Technology and Corporation Counsel have reviewed the Agreement and recommend accepting and approving the terms and conditions of the Memorandum of Agreement. 9. A budget amendment is not recommended. FINANCE COMMITTEE C/f --g,1`5P.S7 FINANCE COMMITTEE Motion carried unanimously on a roll call vote. Resolution #04248 September 9, 2004 The Chairperson referred the resolution to the Finance Committee. There were no objections. G. William Caddell, County Clerk Resolution #04248 September 22, 2004 Moved by Patterson supported by Scott the resolution be adopted. AYES: Knollenberg, KowaII, Law, Long, McMillin, Middleton, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Webster, Wilson, Zack, Bullard, Coleman, Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian. (25) NAYS: None. (0) A sufficient majority having voted therefore, the resolution was adopted. #11•1* STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on September 22nd, 2004 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of tDp County of Oakland at Pontiac, Michigan this 22nd day of September, 2004.