City debates cell tower moratorium
SANDPOINT — In a demonstration of fancy footwork, the city planning department made an initial salvo at Tuesday's City Council meeting to put a stop to the issuance of permits for new personal wireless service towers for a period of 180 days. Aaron Qualls, director of planning and economic development for the city of Sandpoint, asked council members to declare a public safety emergency to prevent any further tower construction until his department has the chance to review and revise current guidelines.
"It is an emergency moratorium and could be challenged on the basis of public safety. We would need proof (of the safety risk)," Scot Campbell, city attorney, told the council.
Qualls did not specify the safety risk of such towers, but did tell city leaders that the potential for new construction spawned the moratorium request.
"There is some potential movement imminently within the city," he said, adding that departmental staff had done some research into how other cities are regulating new telecommunication tower permits, and that he felt his department needed time to speak with industry leaders and community members to formulate a plan.
"The Telecommunications Act allows cities controls over placement and construction, but it does not give us authority to regulate based on signal strength," he said.
"What are the other options?" asked Councilman Stephen Snedden. "I have nothing in the documents that shows me this is an emergency. What else is there that indicates this is an imminent threat to health and safety?"
"There are things besides imminent safety risks than can be considered part of public welfare," said Qualls.
"What is there specifically about these towers that is dangerous?" Snedden said.
Qualls replied, "If they are abandoned and go into disuse," that could pose a safety threat.
The city of Spokane, Wash., worked through similar issues in 2015, and placed a six-month moratorium on permit issuance, much like the action Qualls suggested for Sandpoint. Information on Spokane's city website explained the reasoning behind the move.
"The City Council desires to update the city's cell tower regulations to address aesthetic concerns, new technology, and to establish a hierarchy of preferred locations for new wireless communication towers and base stations," according to Spokane officials. "The city has retained experts in the industry to assist the city with the code revisions. They will be addressing the needs of Spokane, new federal regulations relating to the Federal Telecommunications Act and best practices from cities across the United States."
Campbell noted that as the industry transitions from 4G to the new 5G cell technology, taller towers will be on the way.
"You're worried that if we delayed a moratorium, that someone would come in and apply for a permit," said Councilman Bob Camp.
"That's pretty much where we're at," said Campbell.
When Councilwoman Shannon Williamson, who was chairing the meeting in the absence of Mayor Shelby Rognstad, opened the floor to public comments, one resident stepped to the podium.
"Federal regulations ignore the long-term effects of cellphone radiation," said Mary Maio. "Localities need to change the law to protect public health. This (cell tower) is a piece of very serious, harmful equipment." She offered council members a packet of research she had brought along to bolster her claims.
"My goal is to steward the process that should be community-driven," said Qualls.
Camp made a motion to approve the moratorium, but because it received no second, the resolution went no further. Council members asked Qualls and his department to work up a proposal for an interim moratorium, which takes 15 days to put into effect.