Minutes City Council Work Session February 6th, 2024 6:30pm GEORGIR Baldwin Municipal Court, 155 Willingham. Avenue, Baldwin, GA; 30511 Mayor Stephanie Almagno, Council Member Erik Keith (via phone), Council Member Joseph Satterfield, Council Member Kerri Davis, Council Member Maarten Venter, and Council Member. Alice Venter were in attendance. CallMeeting to Order Public. Hearing MayorAlmagno called the meeting to order at 6:31 pm. Vertical Bridge SUP Ord. #2024-01136Z and Variance Ord. #2024-011374 Priori to the public hearing, Mattaniah Jahn, representing Vertical Bridge, gave a presentation to Council regarding the proposed: request (attached). Council Member. Joseph Satterfield asked Jahn ift thet technology were to become obsolete and thet tower no longer necessary, would thei towerl be removed. Jahn stated that thei tower would be removed as required by Vertical Bridge'sl lease. Another possible option would be a tower removal bond, which would provide Baldwin with the money to remove thei tower should Vertical Bridge cease to exist for some: reason. In Favor: None. In Opposition: MayorAlmagno opened the public hearing at 6:46 pm. Mike Tope (of 216 Heindel Street, Baldwin) stated dissatisfaction with the lack of] knowledge in the community oft the request being considered. Tope also stated that his home is approximately 298 feet from where the cell tower is proposed tol be. Tope's primary concern isl his family and thel health risks ofliving SO close toi thet tower, quoting studies that recommend a 1,640-feet buffer from a cell tower due to reported health effects, including increased cancer risks, sleep issues, memory deficits, and impact to the nervous system. Tope alsol brought forth that Baldwin Elementary School isl located approximately 984 feet from the proposed tower location, and thel health risks will affect students and teachers from continuous exposure. Tope requested that future public hearing signs be free-standing and in brighter colors sO that they are more: noticeable. Ralph Taylor (ofHunt and Taylor Law Group of 1001 Riverside Drive, Suite. A, Gainesville) voiced concerns on behalf of] Habersham County and the Habersham County. Airport Commission, stating that the tower presents a danger to operations ofthe airport. Taylor submitted to Council an airspace diagram (attached) showing thej proposed tower in relation toi the airport. Thel height of the tower creates a 300-foot obstruction ini the flight path for landings and departures. Taylor brought forth Section 709 of Baldwin'szoning ordinance for an Airport Overlay District, drawing attention to thel language regarding Work Session Minutes February 6th, 2024 Pagel 1 variances in relation toj public safety and that the Airport Commission was not consulted by the applicant during the petition process, or the FAA study conducted on obstructions and hazards. Andrea Harper (of 501 Willingham Avenue, Baldwin) stated that she took part in the creation of Baldwin's comprehensive plan and that granting this request would go against it and the. Airport Overlay District. Harper asked that Council vote against thei tower (at any height) and the variance. DHiggins (of300 Grandview Circle, Cornelia), Vice Chairman oft the Habersham County. Airport Commission, stating the commission'ss strong opposition to the cell tower. Higgins said that while the tower may not be a navigational hazard, it is close enough toi the airport runway tol be an obstaclet to Douglas W. McDonald (of] PO Box 396, Cornelia) addressed Council expressing concern for thes safety ofl his rental tenants who are near the proposed tower! location. McDonald stated that the FAA's Determination of No Hazard letter submitted by Vertical Bridge isi inaccurate, as the report does not account for factors like inclement weather, equipment failures, or human error. McDonald shared his decades of] piloting experience out of Habersham County Airport and said with the increasing frequency oft training and flights at the airport, thei tower creates unsafe circumstances for pilots and those on the ground. McDonald closed his remarks by stating that the City of Baldwin has pilots needing toi make an emergency landing. nothing to gain by granting this variance. Jahn addressed McDonald's remarks, stating that if Council desired more information that she could bring an FAA Airspace Consultant to a future meeting. Mayor Almagno invited any others present to speak in favor or in opposition of the proposed cell tower. No one came: forward. Mayor 1 Almagno closed the public hearing at 7:13 pm. Old Business New. Business AreDepartmentber-Agreement 2.Werk esiom-Date-Resohstio420PE-0P1988 1. Statewide Mutual Aid Agreement for Banks and Habersham Counties CAO Emily Woodmaster presented the Statewide Mutual Aid and Assistance Agreements for both Banks and Habersham County. These agreements are signed between the City and each county separately, allowing the City of] Baldwin to utilize shared resources in the event of a disaster or a declared state of emergency. These agreements allow the City of Baldwin to enter another jurisdiction (city or county) and to assist that entity with repairs, needs, etc. with Baldwin resources. Woodmaster stated that there is language ini the agreement that it is not mandatory to provide the service to a neighboring community ifit will cause. harm to your city or ifyour city has need oft those resources. The Work Session Minutes February 6th, 2024 Page 12 agreement also gives threei individuals per municipality (Mayor, Mayor Pro Tem, and City. Administrator) the ability to authorize the assistance. Woodmaster also stated that the Georgia WARN. Agreement, signed by Council in years prior, would also allow Baldwin to assist other counties in the event ofa disaster and then bill the entity for those resources once: they'vel been utilized and the emergency: is over. Woodmaster said that she would send the Georgia WARN Council had no questions and was in consensus to bring the agreements for Banksand: Habersham County forward for vote at the next council meeting. Agreement to Council. Amouncement a. The deadline for city property tax payments has been extended to February 16th, Payments can be made at City Hall or online at nncaldimpeymetscom. b. City Offices will be closed on Monday, February 19th, in observance of Presidents' Day. Homestead exemption affidavits for 2024 property taxes are due April 1st. Please stop by City Hall with your driver's license or other government-issued ID to complete thea affidavit. Adjourmment Action: A motion was made by Maarten Venter with a second by Erik Keith. Motion Carried 5-0 at 7:20 pm. Bhn Stephanie Almagno, Mayor 2/12/2024 Date Approved by Council OF CITY SEAL 0 IN, GA E6 3 Work Session Minutes February 6th, 2024 Page 13 Vertical Bridge Public Hearing Documents/Submissions February 6th, 2024 US-GA-5322 WILLINGHAM 250' AGL LAITICE TOWER Vertical Bridge, LLC Parcel ID#: 093010c City Council First Reading - 01/29/24 PROJECT POSTURE Mattaniah S. Jahn Project originally started in the 441 Scenic Overlay Corridor Site Acquisifion Agent informed that the tower would not be able to be constructed over 35 Then moved to a city owned parcel (091C001) Site Acquisition Agent informed that the tower would not be possible on that parcel Per email exchange with site acquisition agent, no zoning review required. Vertical Bridge prepared all due diligence for site beforeto file for building permit Informed by City that it would need to go through zoning From: ewoodmastereclyolbaldwin.org woodmasterpdryotbalcwin.orp Sent: Wednesday, March 30, 2022: 11:45AM Subject: RE: Cell Tower- CIYPROPERIYLEASING Good Morning Itwas: aj pleasure: speaking withy you this morning. Per our conversation, we do not presently havea cell tower ordinance. However, we do have: some height restrictions in certain areas. Ihavei included our: zoning mapi for reference. Should youl have any additional questions or concerns, please feel free tor reach out to me. Thanks, <image001.png>, Emily Woodmaster City Clerk.CAO CityofBaldwin, GA P.O.Box 247, Baldwin, GAS 30511 Office: 706.778.6341 ext.107 Work Cell: 470.208.9842 Fax: 706.778.7970 BASE PROJECT NFORMATION Matianigh S. Jahn 0080000 ( a Ra 08804 089B015 089C013, 048024 034 088/037 048021 18022 089G012 089C002A 090059 048014 090032 090,008 091A036 091B0A4A 091B018 090028 090027 090026) 090'025F 050002 090,016 18006 090013 090025E, 050,020 90020 090019 092,100 091D038 090023 118,018 090037 092:002A 052:020 052033 052:028 054047 054049A A014 091B015 091B018 091B029 091B019 090008B 0013B) 091B037 091A010 091A019 0916033 0916032 091B029G 090.018A 090018B 090,040 3090038 091D038 090,020 090019 091G101 091G093 091D019 091D014 092100 090037 092087 092077 092,079 092 091CI 091C093 091C086 0910094 0916100 0916098 091C095 093010G 091C099A 091C0 093002 093010D 093010B 093010A 093010E 093010F 093010 093007 093011 093011A 093002A 093.003 093009A 093009G 093.009F 093009G 093012 093012A 093016 093013 093015 093014 093004 093005 093006 093017 093009 093009D 093009E 092.057 093.043 09300 093018 2058 093042 093020 09300900 093009K ORCIALZONINGMAP BORTEE CITYOFI BALDWIN, GEORGIA OCTOBER2 2016 LEGEND A-Agricsihural Rosidendal Decia B--asnp-hmsy Duric B-Fcsswsasw-he, Distia B35-ihma)hy Dstac MID- Mamufactured Beese Drlepmrl Dt RD-Paelt Dedepment Dittia NC-Nughhchood Camaarcall Datrier H3-Highway enirmn Dtict H-Ugrindsina 2-Hwyledotial Dm Kdevapsont Ovofay Dberict Somke CoederOediyl Ditrist S1-Sensise! Land Walnbad ihnOreiy Dtria Courty une 35' limit R2 CHT SCOCNT R2 R1 R1 R2 R-1Single Family District TOWER DESIGN Mattaniah S.Jahn Oriando School A1 AT16-00930W-05 O5TEALTH 800.755.0689 steathconcealment.com Google! Earth 02022 Google OVERALL TOWERHEIGHT TOWERLIGHTING PERI REQUIREMENTS T-MOBILE ANTENNARAD ANTENNARAD ANTENNARAD (6,400SF) FUTURE ACCESSG PORTT TOWER PROPOSEDI PERFAAF REQUIREMENTS TOWER GRAVEL FENCE DESIGNED TO BE COLLOCATED (SHARED) TOWER ELEVATION SCALE:NOT TOSCALE - Sweat Mountain COLOCATION (TOWER SHARING) AVOIDS THIS Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Aeronautical Study No. 2022-A50-33752-05 Issued Date: 09/12/2023 Richard Hickey VB BTS II, LLC 750 Park of Commerce Dr, Suite 200 Boca Raton, FL 33487 ** DETERMINATION OF NO HAZARD TO AIRNAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Location: Latitude: Longitude: Heights: Antenna Tower US-GA-5322 Willingham Baldwin, GA 34-29-26.50NI NAD8 83 83-32-36.12W 1502 feet site elevation (SE) 250 feet above ground level (AGL) 1752 feet above mean sea level (AMSL) Surveyor Notes SITEI INFORMATION SITE 80 x 80 Lease Area 4Lease SUBJECT PROPERTY INFORMATION R-oope Chd-NSSCTOU Lc-4B4 Conterline 30' Ingraso-Egress Uerlty/Floer Easement (Easenent Rghta so be Acqured) sn"w 4188 N451558W! 1522 VICINITY MAP GENERAL NOTES 0000 -N45358W 1500 Title Exceptions, Soe Sheet3 Willingham" US-GA-5322 Scale: 1"=50 GEGEMROACTTNS. ACCORDINGLY TRIUMPH SOLUTIONS, LLC PE038540 ONAL NGSANTARY WILLINGHAM US-GA-5322 1591 9AT3718A PONSBLEFOR ERAL SITEPLAN OVERALL SITEPLAN C-1 TO DING. TKE T-MOBILE RF JUSTIFICATION PACKAGE Mattaniah S. Jahn 9AI3718A-159TIoditionsDrve Baldwin, GA 30511 olnucer94-90Blrguoe-a35S03 T-Mobile 9AT3718A Reg. No. Schools 100(No structure orfolk 9. o.: Southern (No: Rallway ucture 6or Reg. Norfolk Southern 1297506 Reg.NO.-1224558 Habershamo Schools Tower-1 100n 21 Primary design objective is to provide improved in-building commercial and residential coyerage for customers in Baldwin, GA and in-vehicle coverage along US Hwy 441 and Willingham Avenue. 9AT3718A-1 59IrcditionsDrve Baldwin, GA 30511 latiude-34490181 longlude--83548509 T-Mobile 9AT3718A Site Site Site Site Stat RAD Center Structure Code Status SiteType Site Class Latitude Longitude Address City e Zip County (AGLinft) LandlordName 9AT1252 ON-AIR Structure Non SelfSupport 34.508469 -83.561172 3719B.C. Grant Road Corneli GA 30531 Habersha 250 Crown Castle A Building Tower a m 9AT2189 ON-AIR Structure Non SelfSupport 34.465316 -83.518746 6017Hwy44INIEPI1, Baldwi GA 30511 Banks 265 Crown Castle A Building Tower n 9AT4243 ON-AIR StructureNon Monopole 34.528469 -83.522782 112Camp Creek Corneli GA 30531 Habersha 195 SBA A Building IndustidlPkwyl911) a m 22 9AT3718A- S9TroditionsDive Baldwin, GA 30511 LAtCe -83.543503) T-Mobile 9AT3718A Cornelia 9AT1252A County Airport 1.57 miles Wilbanks Corner Baldwin (103 2.27 miles Longview. Alto Proposed Site. On-AirSite' Existing Structure 9AT2181 23 This map shows the distance of the 2 closest sites in the area. T-MOBILE RF HEIGHT COMPARISON SLIDES Mattaniahs. Jahn 9AT3718A- S9TroditionsDive Baldwin, GA 30511 (Latitude 3449061B.longiuce: 5 83.543503) T-Mobile 9AT3718A 4G Voice Service without the Proposed Site MID BAND (2100 MHZ) LTE COVERAGE MAP (RSRP) Baldwin Proposeds Site On-Airs Sito. 4GF Rellablel In-Bulding Residential Covorage >-. 100 4GF Rellablel In-Vehicle Coverage (-100 dBm) 25 This plotshows a large gapi ini in- -building andi in-vehicle coverage 9AT3718A: 15PTroditionsDrive Baldwin, GA30511 tclhudars4-s0asilorliara5-s T-Mobile 9AT3718A 4G Voice Service with the Proposed Site @250' AGL MID BAND (2100 MHZ) LTE COVERAGE MAP (RSRP) Proposeds Site, On-Air Site. 4GR Rellablel Building Residontial Coverage (- 100d dBm) 4GF Reliablel In-Vehicle Coverage (-100> >. 108 dBm) This plot shows improyedin-bulding andi in-vehicle coverage along US Hwy441 & Willingham/ Avenueand surrounding areas. 9AT3718A- 159IroditionsDrive Baldwin, GA 30511 (Ldhilude-3449061B longltude--835-80 T-Mobile 9AT3718A 4G Voice Service with the Proposed Site @ 210' AGL MID BAND (2100 MHZ) LTE COVERAGE MAP (RSRP) MountA Wayside St./S. Main Apple Pie Ridge Rd./ Heariwood Way o Proposeds Site, On-Airs Site. 4GR Rellablel In-Bulding Residential Covorage 100d dBm) 4GF Rellablel In-Vehicle Coverage(100> >X> 103 dBm) This plot shows improvedin-bulding and in-vehicle coverage along US Hwy441 & Willingham. Avenue and surroundingareas. The red circles indicate a coverage loss as the height decreases. 9AT3718A- 159TroditionsDrve Baldwin, GA 30511 (Latitude- 39 T-Mobile 9AT3718A 4G Voice Service with the Proposed Site @ 190' AGL MID BAND (2100 MHZ) LTE COVERAGE MAP (RSRP) MountAily Wayside St./S. Main Props cosmo Apple Pie Ridge Rd./ Heariwood Way e. Proposeds Site, On-Airs Sito. 4GR Rellablel Residential Coverage >- 100d dBm) 4GF Coverage! (100> >-. 1080 dBm) This plot shows improvedin-bulding andi in-vehicle coverage along US Hwy441 & Willingham Avenueand surroundingareas. The red circles indicate a coverage loss as the height decreases. 9A13718A- 59IrcditionsDrve Baldwin, GA 30511 loiucar34-0asilorgluora5isas T-Mobile 9AT3718A 4G Voice Service with the Proposed Site @ 170' AGL MID BAND (2100 MHZ) LTE COVERAGE MAP (RSRP) Wayside St./ S. Main odse Apple Pie Ridge Rd./5 Heariwood Way o Proposed Site, On-Alr Site. 4GR Rellablelr In-Bulding Rosidential Covorage 100dBm) 4GF Rellablel In-Vehicle Coverage(.100> > 103d dBm) This plot shows improvedin-bulding and in-vehicle coverage along US Hwy441 & Willingham. Avenueand surroundingareas. The red circles indicate a coverage loss as the height decreases. VERTICAL BRIDGE, LLC US-GA 5322 WILLINGHAM THANK YOU Mattanidh S. Jahn Each Person will have 3 minutes to address the Council Name Tope 7Abr Address 216 Heindel Street 16o7 iersice bn SEMGAGuN GA 501 WILLINghaRS BRDN ke ANDREA HAPPER D HiaGws 36 GRANDVIEW CIRCE Dasus W. WEDONA PaBaK 396 CORWEZIAGN 30531 HT HUNT & TAYLOR laGroup Writer's Email: humt@humtandaylorcom February 6, 2024 Mayor and Council City ofBaldwin Baldwin City Hall 1861 Hwy. 441 Bypass Baldwin, GA 30510 Re: Application for Variance Name: VB BTSI, LLC Tax Parcel Nos. 093010G,D,and! E Dear Mayor and Council: This law firm represents Habersham County with regard to the above referenced Application for variance for the construction of a 250-foot cell tower on the above referenced parcels. The proposed tower poses a substantial danger and risk to the safety of pilots and passengers of aircraft utilizing the Habersham County Airport. Habersham County respectfully: requests that thel Mayora and Council deny the Application. The Habersham County Airport is located .86nautical miles from the locationo ofthe proposed cell tower. Thc. Airport. is used- by both recreational and professional pilots of single and twin prop airplanes and corporate jets. The. Airport also serves as a base for flight instruction for new pilots. The Airport has seen substantial and significant growth over the last five years with the construction ofanewt terminal building and the expansion ofi its runway. Over 70 aircraft are based at the Airport and plaus are cuirèntly underway for the construction of additional hangars which will house additional aircraft. In short, the Habersham County Airport is an emerging regional airport which provides significant economic impacts to both Habershàm County and surfounding municipalities, including the City ofBaldwin. The proposed 250-foot AGL self-support lattice style communications tower represents a clear and present danger to pilots who use the Airport. The proposed tower is 1,752 feet above sea level, as opposed to the runway for the. Airport which is located at 1,447 feet above- sea level. The tower would" be the highest structure in the near vicinity of the Airport. Thej proposed toweri is localed AlmiadialiliyCompny 1001 Riversidel Drive, SuiteA Gainesulle,GA3001 T:770-831-7770 T:470-344-8020 F:770-532-6128 ww.humtandaylorcom Mayor and Council City ofBaldwin February 5,2024 Page 2 within the Airport's airspace plan for aircraft taking off or landing at the Airport, as shown in the attached Exhibit" "A." The most critical time for pilots is during theirt takeoff and landing procedures, and the encroachment oft the airspace plan by this tower will create an additional risk toj pilots during the most crucial segments oft the operation of their aircraft. The proposed tower is plainly violative of Section 709.4(b) of your ordinances, which provides that no use: may be made of land within the Airport Overlay District which makes it "difficult for pilots to distinguish between airport lights and others, results in glare ini the eyes oft the pilots using the airport, impair visibility in the vicinity ofthe airport...where otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering ofa aircraft intending to use the airport." The term "Variance" is an important term as used in the Code of Ordinances for the City of Baldwin. Variance is generally defined as "TA] relaxation of the terms of the Zoning Ordinance...where such variance will not be contrary to the public interest..and where a literal enforcement ofthe regulations would result in unnecessary and unduel hardship." (Section 301). In the ordinance provisions applicable to variances int the Airport Overlay District, before a variance can be granted, the Council must find that a literal application of the ordinance "will not be contrary to publici interest" and will not create risks for "airn navigation." (Section 709.5 (d)). Here, the variance will run contrary to public safety by. jeopardizing the airspace of the Airport, and, since no tower is located on the proposed site, the denial of the. Application will not result in unnecessary and undue hardshipt tot the Applicant, sincet there are a myriad ofappropriate uses oft the property within the City's current. zoning ordinance. Further, procedurally, your ordinance requires that a copy of the application for the variance be furnished to the fixed base operator at the Airport, "for advice as to the aeronautical effects oft the variance." To the knowledge of Habersham County, the fixed based operator at the. Airport was not provided with a copy of the variance application and therefore procédurally, the Application is not properly before the Council. The Mayor and Council should take note that thel FAAI letter submitted by the Applicant does not alleviate the safety risks presented by the proposed tower. The FAA letter submitted by the Applicant is dated September 12, 2023, some two months prior to the submission oft the Application to the City of] Baldwin. The FAA: study acknowledges that the tower is an obstruction, and further acknowledges that the height of the tower exceeds standards promulgated by the FAA. To the knowledge of Habersham Counly, no communications were: received by the Airport to provide input or1 meaningful data to the FAA prior to the issuance oft the September 12, 2023 determination. Mayor and Council City of] Baldwin February 5,2 2024 Page 3 For these reasons, and in the interests oft the public safety, health and welfare of the general public, Habersham County urges the Council to deny the Application. 77h DonaldT. Hunt County Attorney for Habersham County, Georgia DTH/Ib Enclosure RUNWAYS END EIEVATON14028 3AINONPRECISION: IAMILEVISEILITY APFROACHSURFACE 34INONPRECISION 3/41 MILEMISIBILITY APPRCACHSURFPACE: TRANSITOMAISURFACE ITRANSITONAL, SURFACE RUNWAY24END: ELEVATIONTE473 ELEVATION-17S2C PROPOSED TOWER HORZONTALSURFACE, ELEVATION1598Z4 1598:2'ASML DICONCANISURFACE 4798:2ASML EXHIBIT A" 01.31.2024