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week of 3/27/02 | |
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tower ordinance passed despite objections By Don Hendershot Jackson County commissioners unanimously passed a cell tower ordinance despite the objections of a company that builds the towers. Because commissioner Conrad Burrell was out of town, the ordinance will require a second reading and another vote. Commissioners scheduled another special session for March 28 where they will hear the second reading of the ordinance. A simple majority will be required to pass the telecommunications ordinance on the second reading. Commissioners will also address a conflict between Qualla Volunteer Fire and Rescue and Jackson County Rescue Squad One at the March 28 meeting. Only a handful of people showed up at Monday’s public hearing. Gary Pennington, an attorney representing Crown Castle Inc. — a company that builds and leases cell towers — addressed commissioners for an hour with concerns regarding the ordinance. He presented commissioners a 30 page “red-line” document highlighting suggested changes and amendments to the draft ordinance. The changes ranged from spelling corrections to policy changes. Pennington appealed to commissioners to “think about the gravity of what you are doing.” “This is probably one of the most important issues you will face as far as the economic impact on the county. We’re becoming a wireless country,” Pennington said. Some of the more substantive arguments raised by Pennington regarding the ordinance include Section 201.4 that states: “permits are not transferable and cannot be assigned to another individual, corporation or entity.” He said the requirement was over-burdensome, “almost rising to the level of regulation of an area strictly within the jurisdiction of the Federal Communications Commission.” Pennington said two other sections — 301and 302 — were too vague and subjective. He said the emphasis on stealth technology and the desire of the ordinance to create towers that are “virtually invisible” were requirements that could not be met. Pennington and Cindy Ballenger, representing American Towers, both told commissioners they felt the proposed fee schedule (which is not a part of the ordinance) was exorbitant. The schedule calls for a nonrefundable application fee of $2,000 for co-location and $5,000 for a new facility. Ballenger said fees for a recent tower constructed in Buncombe County cost American Towers $2,500. The schedule also calls for the applicant to provide an escrow account for the county to use to pay its consultant, Trigon Engineering. Pennington said the $200 per hour charged by Trigon was “not a justifiable hourly rate.” “There is no perfect ordinance,” said Jack Debnam, chairman of the planning board (which worked for more than four months on the ordinance). “I don’t think now is the time to adjust or amend this ordinance. We have an ordinance that will make Jackson County proud,” Debnam said. Debnam pointed out that no service providers had bothered to show up for any of the planning board sessions or any commissioners’ meetings. He said Pennington was there because Crown Castle had a vested interest. “They deal in vertical real estate,” Debnam said. Jackson County chairman Jay Denton said the ordinance was not designed to ban cell towers. “It’s to keep those monstrosities off mountain tops and out of people’s front yards,” said Denton. |
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