Vestavia Hills City Council approves small-cell tower network

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The Vestavia Hills City Council voted unanimously Monday night to allow the construction of a series of small-cell 5G network towers along Massey Road and adjacent neighborhoods, despite some opposition to the plan.

Part of a federal government plan to provide 5G wireless internet services throughout the nation, the 30-foot towers can be placed on public rights of way, including on property in front of private homes. 

Several residents in the Massey Road area spoke about the small-cell towers during a public comment period, including Anthony Krontiras, whose property is scheduled for construction of a Crown Castle small-cell tower even though there already is an Alabama Power tower in front of his property.

Krontiras told the City Council he has worked with representatives of Crown Castle and Alabama Power to eliminate the need for two poles. Krontiras said he is satisfied with the compromise he, Alabama Power and Crown Castle have negotiated.

“We’ve met several times about placement and options,” Krontiras said. “We’re trying to eliminate having two poles 12 feet apart from each other in our front yard.”

Krontiras said Crown Castle agreed to move its 5G pole near the location of the existing Alabama Power pole once Alabama Power completes plans to place its utilities underground in the community.

"It was my hope that we may be able to postpone this until then. It sounds like maybe that is not probably an option at this point just because of the delay this happened already, but I wanted to make sure that we're all on record knowing that Crown Castle has agreed that when that does happen, that they would move that pole adjacent to the existing pole.”

While he admits he’s not completely on board with the 5G project, he said he realizes that his hands and the city’s hands are tied and he would rather work toward a liveable solution than continue to argue against something out of his control.

“The bottom line is we work in the city; we have to be courteous to each other, and that’s the only way things get done,” Krontiras said. If you just fight, fight, fight, … then you really don’t get anything accomplished.”

Michelle Williams, a new resident to the Massey Road area who is a cancer survivor, expressed concern that waves from 5G towers and other telecommunications cause health issues, including cancer. 

“I have been doing a lot of research and watching 5G from afar, and I do want to make you aware of what’s going to happen,” Williams said. 

She cited a study she said was conducted in 1977 and “declassified” in 2012 that claims telecommunication waves cause adverse changes in the human body’s organs and blood composition.

“There are thousands of reports that say this is dangerous for us,” Williams said. Officials are rushing through this without looking at repercussions for the community, she said.

Mayor Ashley Curry responded that the city has investigated this issue thoroughly and that even the American Cancer Society has reported that 5G technology does not cause health-related issues.

Councilwoman Kimberly Cook cited information from a professor emeritus in electronic engineering at the Alabama Center for Economic Business and Research that states that 5G technology is as safe as common Wi-Fi technology.

“He states that, for the record, the frequencies that 5G operates on are in the upper and lower limits of the Wi-Fi that virtually every one of us has in our homes and at much lower power levels,” Cook said.

Following protests from residents of the Crossgate Community during a June City Council meeting, the city asked Alabama Attorney General for a response to several questions clarifying what the city can or cannot do regarding 5G cell towers. The city is still waiting for that response.

Curry and City Attorney Patrick Boone each issued reminders that while the City Council has been asked to publicly approve 5G proposals, the council is legally not able to stop the construction of the towers.

The federal law that became effective in 2019 says states cannot inhibit or prohibit a provider from using the public right of way to install a small-cell facility, Boone said.

In other action Monday night, the Vestavia Hills City Council approved a resolution seeking action against Amason & Associates, the general contractor of the city’s new Civic Center, regarding a chiller that failed during a hard freeze in December 2022. City Manager Jeff Downes said the city has been using retainage fees for a temporary chiller. 

However, since those funds are almost exhausted, negotiations with Amason & Associates have not been fruitful, and the time it would take to manufacture a new chiller, the city must take action now, Downes said.

“We are requesting the council to give full authority to utilize all of our contractual provisions and to get a new chiller through this process,” Downes said. “There is no longer any time to wait. We need to call on this right now and get it resolved.”

In other news:

  • The City Council approved a resolution defining short-term rentals and prohibiting them within the Vestavia Hills city limits.
  • The City Council vacated a public utility easement on property at 1636 Panorama Drive. 
  • The City Council moved its next meeting from Dec. 25 to Dec. 18 at 6 p.m. due to the Christmas holiday.
  • Shane Ware was officially sworn in as the new Vestavia Hills police chief in front of a packed room, surrounded by family, members of the Vestavia Hills police force and former colleagues from the Bessemer Police Department.