LAKEPORT – Information presented in a nearly two-hour discussion Tuesday about a cell tower proposed for Upper Lake prompted the county Board of Supervisors to stay its decision on the matter for a second time.
The body was hearing the continued appeal of Cheryl Little Deer, an Upper Lake woman who doesn”t want to see the tower go in. Little Deer is appealing the county Planning Commission”s approval of an application by U.S. Cellular to install a 120-foot tower on a 132-acre lot spanning three addresses listed in West Highway 20 in Upper Lake, which is ultimately accessible by a the smaller Dewell Road.
Little Deer wants to see the county adopt either a comprehensive telecommunications plan or an ordinance to outline how many cell towers the county will allow and where, following a careful review of what already exists.
The disagreement apparent the last time the issue was discussed still existed, with Little Deer asserting that county records she”d obtained indicated there were 46 telecommunication towers in the county and Community Development Director Rick Coel stating there were 16.
Coel pointed out that when a company co locates its service on a tower that carries another company”s service, it applies for a minor use permit. He suggested that that process, along with the fact that some use permits had expired without being used, might account for the discrepancy.
Little Deer was joined by several Upper Lake residents also saying they didn”t want the tower in their community, and that further review was needed. One man, Dennis Everhart, argued that addressing health concerns regarding radio frequency (RF) emissions Little Deer”s primary concern was out of the county”s hands.
In response to one of the original five points of Little Deer”s appeal, Community Development Director Rick Coel pointed to the fact that the county”s hands are tied with respect to health concerns related to RF emissions, which is regulated by the Federal Communications Commission (FCC).
Coel cited the Telecommunications Act of 1996, which says local governments cannot “regulate the placement, construction and modification of (telecommunication) facilities on the basis of environmental effects of radio frequency emissions” as long as they comply with FCC regulations.
Under primary consideration was how the tower would affect residents” view, which is something over which the county has control. A recent simulation using a crane rising to 120 feet for approximately six hours met with negative reviews from residents who spoke Tuesday.
Dist. 1 Supervisor Ed Robey said a report from U.S. Cellular outlined what FCC limits were for wattage output, but did not say what the proposed 120-foot tower”s output would be. Coel clarified that the answer was “buried deep in the application,” and that the tower would comply.
Dist. 3 Supervisor Denise Rushing said she agreed that a plan was needed, but resented that the board was limited to making the decision based on aesthetics alone. She quoted a letter submitted by resident Joyce white, saying, “Lake County to me is a beautiful sacred place and people, a place to be cherished, protected and preserved. Not just another place to be exploited.”
Rushing asserted that “we are allowed to talk about health issues, but … the consequence is to fight with a large industry and fed government.”She pointed out that change is affected by local governments. “If we chose to consider health issues we”d have a much bigger fight on our hands,” said Rushing, adding that she wasn”t certain this cell tower was the platform on which to do that.
Contact Tiffany Revelle at trevelle@record-bee.com.
