The Petersburg Borough Assembly reversed its initial decisions on two separate tower-related proposals — a land sale and a zoning update — on June 15.
The moves come just two weeks after the Assembly rejected each measure at the prior meeting.
Borough sells parcel to Tidal Network
The Assembly unanimously agreed 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.
The roughly 0.23 acre parcel is being sold to Tidal Network for $45,000 — its assessed value. The Borough has been negotiating sale terms with the company since last September.
In a rare move, Tlingit and Haida waived its sovereign immunity to secure the agreement with the Borough — meaning Tidal Network won’t be protected from lawsuits if the Borough needs to take action related to the contract.
Tidal Network plans to build a communications tower on the property.
The tower issue is controversial. It gained traction among community members over the past several months, amounting to hours of public testimony, work sessions about towers and searching for alternative sites to put the company’s tower on, instead of by the fire hall.
The Assembly initially rejected the sale, but reconsidered it on June 15.
Assembly Member James Valentine, who wasn’t at the June 1 meeting when the sale failed, said the decision was a tough one.
“It gives me, like, heartburn trying to figure out what the best move is,” said Valentine. “We have a lot of public input, and I respect that we have people that have showed up here every single meeting, giving different views.”
Petersburg’s Police Chief Jim Kerr testified in support of the infrastructure because, as part of the negotiated agreement, the Borough can place public safety communication equipment on the tower. He said communication is one of the most important tools responders have in an emergency.
“When the Borough sends responders, we owe them reliable communications,” said Kerr. “As Chief of Police, I believe this agreement is a practical, forward-thinking investment in public safety, responder safety, and responsible planning for the future.”
Several residents testified against selling the land to Tidal Network for its tower project. A number of them urged assembly members to base their votes on facts, not fear.
“I’m not fearful,” said Assembly Member Rob Schwartz. “It’s concerning. Irritating. But I don’t want to see it on top of someone’s house. I voted no last time, but probably vote yes this time.”
Schwartz did, and so did the other assembly members who initially voted against the sale.
“I wish this tower was going somewhere else that didn’t have so much controversy around it,” said Assembly Member Jeff Meucci. “But Tidal has come forward and wants to buy this piece of property. I think when I look at other places in that general area, this piece I’m comfortable with.”
Assembly Member Meucci flipped his vote from June 1 because a separate tower-related measure was also brought back and approved on June 15.
Revised zoning ordinance passes first round of Assembly debate
Over the past several months, Borough staff, legal council, and the planning commission developed a 17-page ordinance to update Petersburg’s zoning code for wireless communication facilities.
The proposal would establish a framework for regulating towers in Petersburg.
If adopted, the new regulations would require certain development standards, conditional use permits from the planning commission, and setback distances for towers.
Assembly Member Meucci supported the ordinance.
“Without this in place to help us sort out all these different things that are coming towards the community, it makes me very, very nervous,” Meucci said.
The measure was developed in response to public concern about proposed towers, including Tidal Network’s. It’s a new, lightly revised version of the ordinance that died June 1 in a tie 3–3 vote.
The Assembly made a few more changes to it during the June 15 meeting, which mostly added language for clarification and removed some phrases for brevity or consistency — but also shortened certain setback distances by a thousand feet.
Assembly Member Scott Newman was in favor of shorter setbacks. He noted emails that telecommunications companies, GCI and Tidal Network, sent to the Assembly before the June 15 meeting, raising concerns with the tower zoning ordinance.
Newman said after reviewing the proposal he had long supported, he realized that “this ordinance is extraordinarily restrictive.”
He said being too restrictive risks violating federal law; reducing the setbacks would give the companies more buildable space, and the Borough more room to comply.
“While I agree this is not perfect, I think we’re a lot farther ahead than we were previously,” Newman said.
Vice Mayor Jeigh Stanton Gregor agreed shorter setbacks were a step closer to federal compliance. But he was “very against” the proposal returning so quickly.
“Instead of just doing something, I want to make sure we do the right thing. That’s why I voted no on the previous one, I thought it was riddled with major federal holes. I would rather have this gone through, further through, legal counsel, potentially through FCC counsel,” said Stanton Gregor.
Stanton Gregor said he still had “serious concerns,” but would vote yes so the ordinance could continue on for a public hearing.
Assembly Member Meucci said getting feedback is “just part of the process.”
“I am comfortable with this ordinance at this point, and I imagine that we’ll be hearing from some people who aren’t comfortable and who might want some changes,” Meucci said.
The Assembly passed the new zoning proposal unanimously, moving it forward for another round of deliberation at its next meeting.
Borough Assembly to meet on Monday, July 6
Petersburg’s Borough Assembly tonight, July 6, will continue considering the new zoning ordinance for regulating towers, and hold a public hearing for the measure.
The Assembly meets at 6:00 p.m. in the Assembly Chambers. KFSK will broadcast that meeting live.
A recording of the June 15 meeting can be found in KFSK’s Borough Archive.
