Minutes 10/22/2019 - Laserfiche WebLink

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October 22, 2019 4. Garland Alexander, 2915 Tanbark Lane, spoke in opposition this item. Motion by Ms. Psimas, and seconded by Ms. Lucas-Burke, to adopt the following ordinance, and was adopted by the following vote: “ORDINANCE TO AMEND AND REORDAIN ARTICLE II AND ARTICLE III OF CHAPTER 30 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (2006) BY AMENDING SECTION 30-122 AND SECTION 30-243 FOR THE PURPOSE OF CONDITIONING THE ADJUSTMENT OF RETIREMENT ALLOWANCES AND THE PAYMENT OF SUPPLEMENTS UNDER THE PORTSMOUTH SUPPLEMENTAL RETIREMENT SYSTEM AND THE PORTSMOUTH FIRE AND POLICE RETIREMENT SYSTEM.” Ayes: Clark, Glover, Lucas-Burke, Psimas, Rowe Nays: Battle, Moody - City Manager’s Report - 19 - 377 - Adoption of an ordinance to amend and reordain Chapter 32 of the Code of the City of Portsmouth, Virginia (2006) by amending Article IV (Street Poles), Article V (Underground Wires) and Article XI (Wireless Facilities) thereof for the purpose of complying with federal and state laws and regulations regarding wireless facilities and infrastructure. Background:  During the 2017 session the General Assembly adopted Senate Bill 1282, which required localities to grant access to wireless providers to place small cell wireless facilities on existing poles and other structures in the right of way, imposed mandatory permitting timeframes, and limited local fees.  On December 12, 2017 City Council adopted amendments to Chapter 32 of the City Code to comply with Senate Bill 1282.  Subsequently, the General Assembly has made certain additional changes to the state law governing wireless facilities and the Federal Communications Commission has adopted a new Rule governing wireless facility placement. Discussion:  The proposed ordinance presented for City Council consideration amends Chapter 32 of the City Code to incorporate some additional changes required by the actions of the General Assembly and the FCC.  The major substantive Code changes include: Protecting the City’s underground utility districts by providing for certain conditions that o are now required by Section 15.2-2316.4:2 of the Virginia Code, including that co-location of wireless facilities on existing poles and city facilities are permitted within the district, and that the replacement of existing poles with poles that are the same size or smaller is also permitted within the district. Without these amendments, the City’s general authority to regulate the placement of any poles in underground districts could be subject to challenge, and thus the amendments are necessary to preserve the overall purpose of the districts. Making certain technical amendments to the time allowed for the review of permits, as o required by the new FCC “shot clock” rules. Amending provisions that authorize the City to co-locate at no cost, as this is no longer o permitted to be a condition of the approval of new wireless support structures. Financial Impact:  None. Recommended Action:  Adoption of the ordinance.