Petersburg’s debate over communications towers took a twist earlier this month when the Borough Assembly rejected both a controversial land sale to a regional tribal broadband company and an ordinance updating Petersburg’s zoning code for wireless communications facilities, like towers.
Although the long-anticipated tower-related proposals each failed to garner enough supporting votes when the Assembly met on June 1, it wasn’t the end for either measure.
Both items are returning for assembly members to consider tonight, June 15.
Zoning ordinance for wireless communication facilities fails
The 17-page zoning ordinance was developed in response to public concern and opposition over new communications towers planned to go up around town. Its stated purpose is to protect public welfare, Borough authority, and the aesthetic character of Petersburg. The proposed zoning update was several months in the making by the local planning commission, Borough staff and its attorney.
“I feel like this work is the absolute best document that we can come up with that would give us the ability to navigate this issue,” Assembly Member Scott Newman said at the June 1 meeting. “So it’s very surprising to me that there were people on the Assembly that would not support this.”
Petersburg’s current zoning code was adopted in 1985, before cell phones and broadband existed. The proposed zoning update would establish a range of requirements for the facilities — including various setback distances, development standards, and getting conditional use permits from the planning commission.
But some assembly members took issue with certain language included in the proposed code.
“Part I’m having trouble is, ‘while remaining consistent with the Federal Communications Act of 1996 and related regulations,’” Assembly Member Rob Schwartz said of the law. “That is the hang up for me.”
Schwartz said that 1996 federal law, which in part limits local governments from prohibiting or discriminating against service providers when regulating wireless facilities, also needs to be updated, which he called, “triggering.”
Although Vice Mayor Jeigh Stanton Gregor said he liked the spirit of the ordinance, he said some aspects of it, like the setbacks, were “overly restrictive.”
“It more or less removes the ability to put a cellular tower in the greater downtown and surrounding areas of Petersburg without a conditional use permit, and that strikes me as too restrictive,” Stanton Gregor said.
He said, despite his hang-ups with the ordinance as-is, he wouldn’t be opposed to considering “something else” in the future.
Assembly Member Jeff Meucci called the proposed new zoning a “blueprint to work off of.”
“It might not be exactly perfect, but it’ll get us in the door of setting parameters for a community-wide concern that people have spent hours talking to most of us about,” Meucci said.
Some assembly members said they should try making changes to the ordinance instead of just rejecting it.
“This is the vehicle to have some public control over the communication facilities. So amend it. Try to vote yes,” said Assembly Member Bob Martin.
Others argued the ordinance needed to be redone with additional input.
Mayor Bob Lynn said he wanted to see it go back to the planning commission for revisions. But no motion was made to do that.
“I’ve been on at least 10 different calls this past week on different issues related to this ordinance,” said Mayor Lynn. “I can’t make any motions, but I think there’s a lot of changes that need to be made to it. So, I’m going to vote no.”
Although the zoning ordinance passed unanimously in its first reading, it failed to move forward from its second. The Assembly’s vote tied 3–3, preventing the measure from advancing.
Stanton Gregor, Lynn, and Schwartz voted against it; Martin, Newman, and Meucci voted in support. Assembly Member James Valentine was absent from the June 1 meeting.
Assembly rejects land sale to Tidal Network
Minutes later, the Assembly took up a separate but related issue: whether to sell a piece of Borough-owned land near the town’s fire hall to Tidal Network, the Central Council of Tlingit and Haida Indian Tribe of Alaska’s broadband company.
Tidal Network wants to buy the property to house one of its communications towers.
The Borough and Tidal Network have been negotiating the sale contract terms since the Assembly approved the application last September, directing the matter to Borough Manager Steve Giesbrecht.
“We think we’ve got a strong contract that, in the event there’s any kind of an issue, the Borough can take action. They [Tidal Network] will not be protected by sovereign immunity [from lawsuits] on anything related to this tower business,” Giesbrecht said.
Vice Mayor Stanton Gregor said he supports the sale because the company followed the local procedure for it.
“Whether you use the word Tidal Network or any other organization, they’ve gone through all the appropriate steps, followed all the procedures, checked every box that’s been asked of them,” Stanton Gregor said. “I don’t think the Borough should be in the position of denying private business when they’re doing everything right.”
But Assembly Member Meucci says he doesn’t see Tidal Network as a private business.
“I don’t view it that way,” Meucci said. “I am concerned that if we don’t vote to move forward with this sale, that it’s going to go in somebody’s yard here in town that is going to be a little bit more upset [than] where this piece is up by the fire hall.”
He called it a conundrum.
The tower issue gained traction among community members over the past several months, adding up to hours of public testimony, work sessions about towers and researching alternative sites for the company’s project.
Assembly Member Newman called the spot by the fire hall, on Haugen Drive, the “least of all the evils.”
“I don’t want this. I don’t want it there, I don’t want to fly by it, I don’t want to look at it, I don’t want to drive by it. I think this could have been handled differently. But at the same time … this is like, the least bad place to put it,” Newman said.
The 0.23 acre parcel would’ve been sold to Tidal Network for $45,000 — its assessed value.
But the Assembly ultimately rejected the sale in a surprise vote by a 4–2 margin.
Mayor Lynn and Vice Mayor Stanton Gregor voted in favor of the sale; but assembly members Martin, Schwartz, Meucci, and Newman voted against the resolution.
Newman was called upon last to say his vote.
“Doesn’t matter at this point,” he said. “No.”
Four favorable votes are required for a measure to be approved.
Martin said his vote was against the land sale, not the tower. As for Schwartz, it was both.
“Apparently, I just want to vote no on everything today,” Schwartz said. “I don’t want to see it there. I don’t want to see any more towers, to be quite honest with you.”
Assembly Member Meucci told KFSK he got nervous when the zoning ordinance failed, which led him to vote down the land sale.
“Originally it looked like it was going to be an easy thing, moving it forward, but there’s all kinds of little nuances to this thing,” Meucci said. “As an assembly member, I want to make sure that we’re doing things to protect the community.”
Proposals to return at June 15 meeting
At Meucci’s request, both items are being brought back for reconsideration at the next assembly meeting on June 15.
Meucci said he wants to make sure that new zoning for communications facilities is also in progress when considering the potential sale.
“I’m hoping we move forward on Monday, but you know, that’s up to the Assembly to decide what they want to do,” Meucci said.
The re-proposed land sale contract remains exactly the same.
The zoning ordinance has been slightly revised by borough officials involved in its creation, mainly pertaining to the setbacks. The new version is considered a different ordinance, and will require Assembly approval in all three readings to officially pass.
There are several other issues going before the Assembly tonight, including a proposed increase to sewer rates to account for various operational and infrastructure expenses, and whether to raise Petersburg’s sales tax cap pending voter approval this fall.
The Petersburg Borough Assembly meets tonight at 6:00 in the Assembly Chambers. KFSK will broadcast that meeting live.
