Almost one hundred neighbors rallied support for Jeff and Kristin Phalen who filed an appeal to stop the construction of a 129-foot tall monopine wireless communication tower within a 900 square foot fenced lease area located at 20896 Dog Bar Road, Grass Valley, in southeast Nevada County.
The conditional use permit was approved by a zoning administrator, however many of the residents in the surrounding neighborhood said they already had acceptable wireless service and that the placement of the tower was irresponsible.
Supervisors at a recent Board of Supervisors meeting struggled with answers from the legal team from Verizon and Madison LaScalza, from Sequoia Deployment Services, Inc. who filed for the permit, and with the timeline set before them.
Four out of the five supervisors voted for a continuance for the appeal and a public hearing on the issue until the August 20 regularly scheduled board meeting in hopes of getting clarification, and perhaps a compromise.
“There are a lot of questions that perhaps need to be answered, especially some of the technical questions, and while Verizon says that they made their case today...from a legal perspective, that may very well be true, but we have a responsibility to represent these people who are sitting in the audience today and their questions need to be answered,” Supervisor Lisa Swarthout representing District 3 said. “That’s how we operate. We represent the people who live here.”
Swarthout went on to say that the maps that were shown needed more detail, were very confusing, and not “apples to apples.”
“I would assume (if) I was going to have a cell tower in my neighborhood, that I would benefit from that, and I would want that,” Swarthout said.
The Supervisor questioned Verizon regarding why they did not hold community outreach meetings to avoid some of the uproar and confusion; a compromise could have been sought and lawsuits like the one for a cell tower in the Lake Wildwood area could be avoided.
“I don’t want us to go through that again. The County spent millions of dollars on that lawsuit. If we can avoid that and figure out a way to reach a compromise here, something that might work for everybody, I think we’re going to be way better off as a community because when we are sued, it’s not our money; that’s your money. We’re using your money to either represent your group or with Verizon. So people need to be really aware of what those costs are,” Swarthout said.
The facility will be contained within a 30’ x 30’ Verizon lease area that will be surrounded with eight-foot tall chain-link fencing with a gate and a Knox Box entry system and is zoned General Agricultural (AG-20) with a General Plan designation of Rural-20.
The subject parcel is developed with a residence, garage, barn, solar array, and various other accessory structures.
The parcel is surrounded by low-density development consisting of single-family residences and ranch/agricultural uses.
The nearest residence would be located on the adjacent parcel to the north and would be located approximately 100 feet northwest from the proposed communication facility. The proposed communication facility will be situated in foothill oak and pine woodlands on a hillside.
“It appears that we’re headed for a continuation. I would have felt a whole lot better about this if Verizon had come at the very start of this hearing and said, ‘This has been so complicated, we haven’t had time to take a look at this.’ We’d like to give you an extension, but you didn’t do that. You came in, just assuming that the Board would deny the appeal,” Ed Scofield, Supervisor for District 2 said.
Scofield was the only supervisor who voted against the motion for a continuance; he favored the appellant’s request to stop the construction of the tower and did not need more time deciding.
“Just out of principle, I’m voting no,” Scofield said.
The County has made a consistent effort to expand broadband infrastructure throughout the area, however, cell towers are privately owned.
Sue Hoek, representing District 4, said that she would welcome a tower in her area so that she could use a cell phone at home, and Swarthout recognized that there are areas of historic and commercial Grass Valley that do not have solid cell service.
Jeff and Kristin Phalen and the approximately 100 neighbors expressed they did not want or need the tower. They have fine service, they said, and are able to make calls, stream programs, and work from home perfectly well.
A representative from the legal team of Verizon clarified that the way cell service works is much like a lawn sprinkler—some outlying areas may not get the strongest service, much as the perimeter of a lawn might lose out on its water source. The proposed tower in particular would improve the cell service for the people driving through the area.
Areas in the higher elevations may get service but not necessarily the 1,400 passing vehicles per day; the efforts, Verizon summarized, are to aid travelers who need cell reception on the rural road.
Supervisor Hardy Bullock representing District 5 noted the strain the legal timeline places on the final decision from the board, and hoped Verizon and the applicants for the appeal could come to some sort of compromise or understanding by August 20 when the hearing will be continued.
“I don’t want to vilify the applicant because I’m a huge user of technology in many formats; cell phones, ATS-B (a performance–based surveillance technology), LTE coverage (in telecommunications, long-term evolution is a standard for wireless broadband), the whole deal. I’m a huge user of that. I’m also I think, as supervisor Swarthout pointed out, responsible for working with and protecting and community building for neighborhoods like this,” Bullock said. “We can compromise to work together on some solution. It’s going to happen. It’s going to happen very quickly, but that’s where I sit…I, as well, have concerns about not having enough information in front of me to make the proper decision.”
Economic benefits from pandemic funding
The Board of Supervisors approved revisions to the American Rescue Plan Act (ARPA) expenditure plan and established a budget and projects for the remainder of Nevada County’s allocation.
President Joe Biden signed the American Rescue Plan Act of 2021 (ARPA), a $1.9 trillion economic stimulus package authorized on March 11, 2021 in response to the COVID-19 pandemic and associated economic challenges.
The county estimates revenue loss related to COVID-19 to be $13.6 million, and the expenditure plan has been revised several times since the original allocation.
Erin Mettler, who was appointed as Nevada County’s Chief Fiscal Officer July 8, presented the revisions in the expenditure plan totaling just over $10 million.
If the county needed to make some changes or adjustments as the fiscal year rolled on, there was some flexibility written into the resolution approved, according to Mettler.
The Nevada County Board of Supervisors unanimously allocated 30 percent of the County’s $19.3 million allocation from ARPA, approximately $5.8 million, to support “Community & Economic Resiliency.” The $5.8 million was intended to offset COVID-19 related economic hardships and disruptions to local businesses and nonprofits and foster economic recovery.
The “Community Benefit Grants Program” was funded with up to $2 million to support community-serving institutions and organizations with macro-grants up to $100,000 each.
“ARPA included $350 billion in state and local aid...with Nevada County receiving $19,376,239,” according to Martin Polt, county fiscal officer.
Almost all of the 34 grants have been completed and are spread throughout the county in the areas such as safety net services including Interfaith Food Ministries, Sierra Community House, Gold Country Senior Services, Habitat for Humanity, Child Advocates of Nevada County, Local Planning Council for Child Care Development, and Community Beyond Violence.
Other areas where grants have been completed are in the area of the arts, economic development, youth education, community centers, and environment/recreation.
One of the sectors that was hit especially hard during the pandemic was arts and culture which received approximately 22 percent of the $20 million local funds.
“One of these organizations was the Nevada Theatre commission, since the installation of a new projector and screen, increased Wi-Fi capabilities in sound monitor equipment, the theatre can now support the technology requirements of new films, live music events, and theater productions,” Kimberly Parker, Program Manager at the Economic Development Office told the Board. “These improvements benefit any tenants who use the space such as the Wild & Scenic Film Festival, live concerts, the productions of Lyric Rose (Theater Company), and Sierra Stages, and much more.”
The other organizations under the arts that benefited during this period were Neighborhood Center for the Arts, Nevada County Arts Council, Music in the Mountains, and Tahoe Truckee School of Music.
Another $100,000 grant funded a project within the Bear River Recreation & Park District—specifically, replacement of a turf field at the Magnolia Sports Complex. “The turf field is essential for the district to function,” Parker said.
The new BRRPD field is booked nightly for youth soccer, Special Olympics, an adult soccer league, and other various activities, working with Bear River High School to facilitate their high school soccer games and Bear River Little League to host 50/70 teams.
A $38,500 grant funded the purchase and installation of a new stove and range to support operation of a commercial kitchen at the Rough and Ready Grange. The supports a variety of community activities.
The updated commercial hood’s fire suppression system feature creates a safe kitchen for community volunteers and its guests. “The benefits of Nevada County’s American Rescue Plan Act (ARPA) are clear,” Parker said.
Several public comments were made in regard to specific uses for the ARPA money over the years, and some were not altogether positive, referring specifically to the $500,000 Grass Valley spent on lawyers to prosecute Matthew Coulter, a well-known civic watchdog.
Supervisor Bullock did mention the website link for ARPA details, {span}Community Resiliency Grants,{/span} and how Nevada County spent each of the allocations.
“I think it was awesome. I also had the privilege of sitting through the budget ad hoc with Martin (Polt) and Erin (Mettler, Nevada County’s CFO), and others, trying to see where the money has gone and I stand behind it. 100 percent, I understand where it’s gone. I think the courts have total transparency. We have a website. Job well done,” Bullock said.