Minutes 06/27/2017 - Laserfiche WebLink

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June 27, 2017 Background:  During its 2017 Session the Virginia General Assembly adopted Senate Bill 1282. Effective July 1, 2017 Senate Bill 1282 amends the Virginia Code to establish certain requirements for local review and approval of applications by wireless providers to install small cell facilities.  Small cell facilities are defined as wireless facilities where (1) each antenna is (or could be) located inside an enclosure of no more than six cubic feet in volume and (2) all other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet.  Small cell facilities can be placed on existing structures such as poles or buildings, or on new utility poles installed by the wireless provider. Discussion:  Since the adoption of the new legislation, city staff has worked to understand the requirements now imposed by state law. Staff has also met with wireless providers to better understand their needs. The goal has been to fashion a regulatory structure which meets the requirements of the law and the needs of providers while protecting the city’s interests in aesthetics and public safety.  The Ordinance proposed for adoption by Council addresses the installation of small cell facilities within streets and rights-of-way.  For the installation of small cell facilities on existing structures, SB 1282 mandates certain permit application fees, timeframes, and other requirements. The proposed Ordinance incorporates these requirements into the City Code.  The city currently requires Franchise Agreements to install utilities in the right-of- way. Therefore, for the installation of new utility poles housing small cell facilities, Franchise Agreements will be negotiated with wireless providers and presented to Council for consideration at a later date. The proposed Ordinance makes a minor clarification to confirm that Franchise Agreements are required, and to establish some additional standards for the placement of new utility poles. Financial Impact:  None. Recommended Action:  Adoption of the ordinance. Next Steps Following Council Action:  City staff will establish the necessary forms to implement regulatory structure created, and will begin the negotiation of Franchise Agreements with interested wireless providers. Motion by Ms. Lucas-Burke, and seconded by Ms. Psimas, to adopt the following ordinance, and was adopted by the following vote: “ORDINANCE TO AMEND AND REORDAIN CHAPTER 32 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (2006) BY AMENDING ARTICLE II (RIGHT-OF- WAY PERMIT) AND ARTICLE IV (STREET POLES) THEREOF AND BY ADOPTING A NEW ARTICLE XI PERTAINING TO CO-LOCATION OF SMALL CELL FACILITIES ON EXISTING STRUCTURES.” Ayes: Cherry, Clark, Lucas-Burke, Moody, Psimas, Whitaker, Rowe Nays: None 17 - 272 - Adoption of a resolution authorizing the conveyance of 3215 Academy Avenue to the Economic Development Authority of the City of Portsmouth, Virginia and the execution of a deed, cooperation agreement, and other documents in connection therewith.