County set to approve cell tower ordinance

By Lisa Majors-Duff

Commissioners have called a special meeting for 6 p.m. at the Justice Center, one day short of the cell tower moratorium deadline. In addition to hearing from members of two county rescue squads (see related story, page 1A), board members are expected hold a second vote on the proposed ordinance.

The 4-0 vote Monday was not enough to approve the ordinance due to the absence of Commissioner Conrad Burrell.

Monday's vote followed a public hearing on the ordinance, which was drafted by the county planning board after commissioners adopted a moratorium in August at the request of Cashiers residents who watched helplessly as a tower was constructed on Laurel Knob last summer.

Gary Pennington, a lawyer representing Crown Castle International, a cell tower construction company, monopolized Monday's hearing, spending more than an hour pointing out in detail what he considered to be flaws with the document.

A constant figure at planning board and commissioners' meetings each time the issue was raised, Pennington asked that board members "consider the gravity of what you are doing with this" and how such an ordinance could affect Jackson County's future cell phone service options.

He passed out for board members a revised ordinance, which he said he wrote "to make (the ordinance) a better legal document" by eliminating ambiguity and redundancy. Specifically, Pennington's proposal addressed definitions used in the ordinance and modified sections he said were "not industry friendly."

Pennington stressed that one of the ordinance's stated goals - to preserve the scenic and visual character of Jackson County - could mean fewer services would be available here.

"The reality of the matter is that to provide effective wireless communications you cannot build an invisible tower, especially in the mountains," he said. "It's just not practical from a business standpoint, and a lot of times it boils down to dollars and cents."

Continuing with this theme, Pennington said the proposed fee schedule for applications "is exorbitant." The ordinance calls for fees of up to $10,900 for new tower construction.

"Crown Castle wants to be a good corporate citizen," he said. "We just want to be treated fairly."

Another industry representative, Cindy Ballenger with American Tower, echoed many of Pennington's comments about the ordinance. She, too, questioned language calling for a public meeting once a location has been sited for a new cell tower and the need for a local restriction from placing towers within sight of the Blue Ridge Parkway, which is already regulated by federal law.

Two county residents - Juanita Burrell and Dorothy Owen - spoke during the hearing about the need for cell towers in Jackson County. Burrell, wife of Commissioner Conrad Burrell, said the remote nature of some of Jackson County's communities and its dangerous roads give rise to the need for cellular communications. Without being specific, she said cell towers are less distracting than other unsavory elements found in the mountains.

Owen, who said she agreed with Burrell's statements, told the board about being unable to get a signal on her cell phone when her car broke down on N.C. 281. The communications "dead zone" made it difficult for her to receive assistance, she said.

Commissioner Roberta Crawford also voiced concerns about several sections of the document, including the need for public meetings and the requirement that existing towers be made to comply with the rules within five years.

"Are we going to ask these companies to jump through these hoops and then let the public sway the outcome of the decision?" she asked.

County attorney Raymond Large responded to her question by saying that if a cell tower company meets all the criteria of the ordinance and another location cannot be found, "the county may be compelled to provide them a permit."

Commenting about the removal section of the ordinance, Chairman Jay Denton questioned who would be responsible for taking down a tower if the company that put it up goes out of business. The ordinance could be made stronger by requiring a bond to remove a tower, Large said.

"There are no perfect ordinances," planning board Chairman Jack Debnam told board members. "But I don't feel like now is the time to adjust or amend the ordinance."

"Sure, there are some items that need to be worked on, but there are not fatal flaws," county Manager Ken Westmoreland said.

Back to Archive: 03/28/02.