By Maggie West / Staff

Without referencing last week’s Planning Commission meeting and the members’ misgivings regarding word usage, the resolution to adopt procedures for Milton’s Zoning Text Amendments and Ordinances passed 6-0 on Aug. 2. As one of three new business items on the agenda, it breezed by with the rest.

The other two items included city council’s appointment of its first three members to the Historic Preservation Commission: Joan Becker Bozzilleri, Travis Allen, and Norman Broadwell nominated by council members Julie Zahner Bailey, Joe Longoria, and Bill Lusk respectively. Also the city council approved a Facility Use Agreement between the City of Milton and Hopewell Youth Association for a baseball program at Bell Memorial Park.

The city council, however, deferred the approval for the replacement of Chapter 54, which regulates the location, placement, and leasing of wireless telecommunication facilities for a second time.

Two wireless company representatives attended Monday’s meeting: Jennifer Blackburn from Troutman Sanders, LLP representing Verizon Wireless and Shawn Blassingill from SAI Communications representing T-Mobile. Blackburn stated “I’d like to request that there be some additional changes to the ordinance prior to adoption. I believe that some of the provisions left in the ordinance are in violation of the Georgia Broadband Collocation Act. And I believe that the annual licensing provision is preempted by the FCC.” Blassingill echoed her remarks adding, “T-Mobile issued some letters initially on July 7 when the item was deferred and we’ve also submitted an additional letter via Ann Brooks [The Media Consultant]...But there a couple of other details that T-Mobile would like to have an opportunity to discuss with the council members before these proposed changes are adopted.”

The letter in question from T-Mobile cited “...municipalities are limited in their review of collocations, and are only able to apply building permit standards (provided the compound will not be expanded or the tower increased in height, among several other standards” and “Although we are happy to provide the educational and professional experience of our radio frequency engineers, rarely are radio frequencies engineers certified as professional engineers, and therefore cannot seal their reports” and “T-Mobile respectfully requests clarification of the phrase ‘the applicant shall be responsible for additional fees throughout the process as described further within this ordinance.’ This is unreasonable” and “T-Mobile respectfully submits that [the] clause ‘[Annual Telecommunication Operating License] and fee’ is in conflict with state law, and requests that it be removed entirely.” Additionally, the letter included a paragraph regarding proposed properties for cell towers and the owner’s acceptance, or lack thereof.

Verizon’s correspondence, though similar in content, went into much more detail.

In response, Milton’s City Attorney Ken Jarrard made numerous changes to Chapter 54 of the new ordinance and sent it to the telecommunication companies this week, and stated “We have discussed the industry concerns with our consultants as well as city staff, and have made those revisions that we feel reasonably address the issues presented. We have also circulated the ‘latest’ draft to industry representatives so they may have one additional opportunity to review.” When asked about his expectations for next Monday, Jarrard said, “At this point, the city is mindful that the industry representatives continue to have a few concerns with the draft ordinance, but the city believes it has prepared a reasonable ordinance that is both lawful and fair. It is my expectation that on Monday the city council will consider the final draft, and adopt same (although the council will retain the discretion to insert changes as it deems appropriate).”

Whatever is in store for Milton’s City Council meeting on Aug. 9, one thing is certain; it’s going to be a long one. In the words of Mayor Joe Lockwood, “Bring your sleeping bags.”