SUMMARY OF A BRIEFING SESSION OF THE CHAPEL HILL TOWN COUNCIL, TUESDAY, APRIL 9, 1996 AT 5:00 P.M.

Council Member Capowski called the briefing session to order at 5:01 p.m. Also in attendance were Council Members Evans and Pavao. Also in attendance were Town Manager Cal Horton and Town Attorney Ralph Karpinos.

Karen Bennett, Bell South PCS Regional Manager, introduced Bell South PCS staff members Mo Mustafa and John Davis and Bell South legal counsel Travis Porter. Ms. Bennett said that Bell South PCS was requesting that the Council consider approval of a request for a cellular communications tower on Cleland Road, on the site of the Rainbow soccer fields. Ms. Bennett said that Bell South PCS was willing to pay the cost for installing a lighting tower at the fields. She also stated that the tower could be used to accommodate cellular communications equipment.

Bell South PCS Technical Director Mo Mustafa presented a summary of technical information relative to the cellular tower request.

He indicated that the proposed tower on Cleland Road would be helpful in expanding the residential coverage area for Bell South's PCS program. Ms. Bennett stated that only one cellular tower site was needed by Bell South in the Town at this time. Mr. Mustafa noted that if the height of the proposed tower were reduced from seventy to forty feet, it would be necessary to have eight, rather than one, cellular communications tower. Ms. Bennett said that Bell South had recently worked with a number of schools to install lighting towers which could also be used to accommodate cellular communications equipment.

Council Member Capowski inquired whether or not Bell South officials were saying that they were willing to pay for the installation of lighting at the Rainbow Soccer fields. Mr. Mustafa said that Bell South was willing to pay to light one of the fields if the tower height cleared trees in the area. Noting that the subject property was owned by the University, it would be necessary for the project to go through the special use permit process, taking between nine and twelve months of review time.

Council Member Evans noted that her concern about the previously proposed tower was its proximity to a residential area. Mr. Mustafa said Bell South's greatest need related to height of the tower. Council Member Evans suggested the possibility of a street light tower. Council Member Capowski asked whether the proposed franchise agreement would cover one or several tower sites. Mr. Karpinos said Bell South was proposing one specific site in its initial agreement, with subsequent sites requiring approval by the Council.

Council Member Capowski inquired about the number of existing cellular sites in the Town. Ms. Bennett said there were eleven cellular tower sites throughout Orange County, five of which were within Town limits. She noted that Bell South was currently negotiating with a local hotel for the siting of a tower. Council Member Capowski inquired about Bell South's future plans for future towers on Town property or right-of-ways. Mr. Mustafa said although it was difficult to provide an exact figure given changing technology, he projected that ten towers would ultimately be needed within Town limits, two or three of which might need to be on Town property or right-of-way.

Council Member Evans inquired which hotel Bell South officials were negotiating with concerning tower siting. Mr. Porter said Bell South officials were negotiating with the owners of the Europa Center office building. Ms. Bennett added that a cellular tower on the Nunn Mountain water tower was operating on a trial basis. Mr. Horton inquired how much OWASA was receiving for use of its water tower. Ms. Bennett said she unsure of the amount.

Council Member Pavao inquired whether or not Bell South had specific plans regarding future tower sites. Ms. Bennett said this would be largely dependent on future demand for cellular phone service in the Town and surrounding areas. Council Member Pavao inquired whether Bell South's best estimate was that five cellular towers of up to seventy feet would be needed. Mr. Mustafa said this was correct. Council Member Capowski requested that Bell South's specific tower request include a sufficient level of detail for review by the Council. Mr. Mustafa said Bell South could provide a full set of detailed drawings.

Council Member Evans asked whether or not Bell South paid a fee for siting towers on buildings or other structures. Ms. Bennett said yes, noting that typical fees ranged between $600 and $1,000 per month. Mr. Mustafa said the average lease was about $9,000 per year. Council Member Evans said she hoped that such arrangements could be made with the Town. Ms. Bennett said the towers were designed to accommodate other wireless providers, which the Town could also receive revenues from. Council Member Evans noted that WUNC Radio leased out portions of its tower to other users. Ms. Bennett asked whether the Town wished for the franchise agreement to contain language pertaining to use of the tower by other cellular providers. Mr. Horton said probably not, since these would be private transactions relative to the initial agreement.

Council Member Capowski inquired about next steps in the process.

Mr. Horton said Bell South and Town staff needed time to finalize wording for a franchise agreement. He also noted that Bell South needed to put together a proposal with a specific tower site. Mr. Porter said that Bell South was making every attempt to be a good corporate citizen relative to its request. Council Member Evans asked whether or not Bell South had specific time constraints. Ms. Bennett said yes, noting that Bell South was hoping to launch the new service throughout the Triangle area by July. She added that although Bell South currently had a significant agreement with the University relative to cellular towers, the current coverage area could only be improved with the approval of a new cellular tower facility by the Council.

Mr. Horton said the item could be placed on the April 22nd agenda if Bell South were able to complete its work on the proposal. Council Member Capowski noted that the franchise agreement would be non-exclusive, with future cellular providers being treated equally by the Town. Mr. Horton said this was correct. Mr. Porter said that future cellular providers might request use of the same tower and pay fees to the Town for use of the facility.

The briefing concluded at 5:41 p.m.

5:41 P.M.