Thread by @mlcarmel

Good evening everybody! It's time for #CityCouncilTuesday as the pandemic rages outside.

Follow along!

In the work session, we heard an update on some changes at the Boise Police Department and a survey for the public to weigh in. I will have a story on that for tomorrow's newsletter.

Here's the survey link in English and Spanish: cityofboise.org/police-data-da…

We also heard another update on the increasingly dire COVID-19 situation here in Ada County.

This morning's update:

boisedev.com/news/2020/11/1…

A note: Boise City Council has moved into as virtual a meeting as they are allowed. Only McLean and one council member are in the chambers. Everyone else, including staff, are on Zoom. The public is allowed inside with masks.

Council unanimously approved an ordinance foregoing the projected annual salary increase for the Mayor and Council. There were no comments.

McLean will remain at $145,099 and the rest of City Council will stay at $26,430.

We've been cruising through some minor planning items.

Right now we're hearing an appeal where a homeowner in the North End would like their home to be changed to noncontributing in the historic district. The Historic Preservation Commission said it's still contributing.

This is a perfect example of how these meetings go! Sometimes, the issues are massive and affect hundreds (or thousands) of residents.

And sometimes it's just one house.

Now we've got an appeal of a P&Z decision allowing a 5G wireless communication device on a street pole at 27th Street.

City Council President Elaine Clegg said there have been accusations that city council has met with Verizon and not with advocates who want more 5G regulation.

She said she met with a representative of Verizon recently, but it was not related to 5G.

Clegg said she also met with several advocates related to 5G earlier this year, but it was not about this specific case. It was about the general issue.

Here's the timeline:

-Staff approved the installation of the 5G device in July through administrative approval
-The appellant appealed it to Planning & Zoning, who upheld the approval
-Now it's been appealed again to City Council

A city planner is going over the appeal. He said the city is limited in what it can consider legally due to the code.

In case you're not familiar with some of the ongoing issues with 5G, here's an article I pulled up.

cnn.com/2020/06/14/tec…

Cathy Cook said she reached out for a meeting with McLean about the 5G and received a letter in response, which she said was "offensive" and "condescending."

She said she is an expert in radio frequencies.

Cook is arguing this approval is in violation of the city's development code.

Cook keeps reiterating she is not talking about the health impacts of 5G and is only discussing the legal arguments that the city should have the authority to deny this application.

Cook said the application didn't have details on the specific technology being installed

"This is a major, major liability for the city because these are being approved without even knowing what the effective radiated power even is. This is not in alignment with FCC guidelines."

Now we're hearing from Verizon's lawyer, Melissa Reagan.

Back up: Here's the website of the appellant with more information about her professional background.

buildingbiologyinstitute.org/find-an-expert…

I won't get super into the nitty-gritty details of the legal arguments, but Reagan is arguing the city was well within its authority to approve the device.

"We've met all of the legal requirements. We provided the propagation maps and the written analysis."

All the testimony is over and we're now hearing public testimony.

We're hearing from someone who is concerned about 5G who says he avoids Wifi in his house or a microwave to avoid "being irradiated 24/7." He encouraged the city not to approve the device.

Someone else testifying said Boise has been "deluded" into thinking it can't take action on 5G.

Here's another person's testimony:

"Where is your due diligence with regards to the safety of our neighborhoods?"

McLean just had to tell the chamber not to clap in support of testimony. This is a pretty standard request we hear at meetings.

I can't totally see what's going on, but I get the sense things are a bit tense.

Many people who are testifying keep using this disclaimer:

"I attest and affirm the following statements are true, accurate and within my personal knowledge"

A woman who said she is a longtime medical doctor is speaking against the devices. She suggested, tongue in cheek, that all of the 5G devices should be relocated in the front yards of the City Council Members and Mayor McLean.

We're into rebuttals now.

City Council Member Patrick Bageant motioned to deny the appeal. He said no one has advised council to make a decision, aside from basic advice from their city lawyers.

He said the way federal statute is written Boise doesn't have the authority to "hinder the deployment of telecom services in these ways."

Bageant also said the council had to decide on if the appeal was made in error with the original information, not an independent decision.

City Council President Pro Tem said she is going to vote to deny the appeal, but she acknowledged this showed her the city needs to add more code related to these types of devices.

City Council President Clegg said this issue needs to be taken up in federal courts and is not for the city to decide.

Multiple council members are refuting the claims they met with Verizon to hear about 5G and refused to meet with activists.

Something to keep in mind: When appeals are filed, Council can only make a decision about what's in the record. They can't take in any new information.

This includes meeting with constituents, new documents or even driving by the site of a project.

Council is adjourned!