The Corporation of Delta F.14 COUNCIL REPORT Regular Meeting
To: Mayor and Council
From: Human Resources and Corporate Planning Department Date: June 18, 2014
Point Roberts Radio Tower Proposal
The following report has been reviewed and endorsed by the Chief Administrative Officer.
• RECOMMENDATIONS:
A. THAT letters be sent to Whatcom County and Industry Canada reiterating Delta's concerns regarding the Point Roberts radio tower proposal and requesting information with respect to those concerns. B. THAT copies of these letters be sent to The Honourable Kerry-Lynne D. Findlay, Member of Parliament, Delta-Richmond East; Jinny Sims, Member of Parliament, Newtown-North Delta; Scott Hamilton, Member of the Legislative Assembly, Delta North; and Vicki Huntington, Member of the Legislative Assembly, Delta-South.
• PURPOSE:
The purpose of this report is to provide an update on the proposal to locate a radio transmitter site in Point Roberts, Washington and to reiterate Council's position on this issue through letters to regulatory authorities.
• BACKGROUND:
In July 2013, BBC Broadcasting Inc. submitted an application for a conditional use permit to Whatcom County Planning & Development Services for the construction of an AM radio transmitting facility at 1563 McKenzie Way in Point Roberts, close to the Canada/US border. The facility includes 5 antenna structures, with an approximate height of 150 feet (46 metres).
The application generated a considerable amount of public concern from some residents in Tsawwassen, particularly after hearing that local residents in Ferndale, where the towers are currently situated, have been complaining for years about radio interference from the towers.
In September 2013, Mayor Jackson wrote to the Whatcom County Hearing Examiner to express concern about the potential impacts of the radio facility on the local community and to seek assurances that the problems experienced in Ferndale are not simply being transferred to Point Roberts and Tsawwassen (a copy of this letter and the response is provided as Attachment 'A'). Page 2 of 3 Point Roberts Radio Tower Proposal June 18, 2014
In addition, Mayor Jackson also wrote to E-Comm (Emergency Communications for SW British Columbia) to seek clarification about potential adverse effects from the towers on emergency communication systems in the area. E-Comm responded that they did not anticipate any such effects (copies of both letters are provided in Attachment 'B').
III DISCUSSION:
Public concern over the radio tower proposal has continued and some residents have organized into a proactive community group which has voiced strong opposition to the . project. The issue is complicated by the fact that it is located outside of Canadian jurisdiction and Industry Canada, the telecommunications regulatory authority, has indicated that it will not intercede in the US permitting process.
On June 4, 2014, Whatcom County sent a letter to the agent representing BBC Broadcasting, Inc., informing the applicant that the conditional use permit application will expire on July 10, 2014 if the information requested in the November 5, Z013 Notice of Additional Requirements (NOAR) is not received. A copy of the letter is attached (Attachment 'C'). The county had been told the requested information will be submitted within the next few weeks. Once received, the information/studies will be placed on the website for public viewing.
Once the information has been received, a SEPA (State Environmental Policy Act) determination will be made by Whatcom County. Following this, there is an appeal period and a period to review all of the studies and documents submitted by the applicant, after which a staff report is made to either recommend approval or denial of the project. Once the report is written then a hearing date will be requested. The staff report must be to the Hearing Examiner (who serves as a quasi-judicial judge) at least 17 -days prior to the hearing. A public hearing is not anticipated before September 2014.
Further information and updates on the Whatcom County process can be found at: http://www.whatcomcountV.us/pds/plan/cu rrent/krpi-radio. jsp.
Given the level of public concern regarding this proposal, it is recommended that Delta Council write to Whatcom County and Industry Canada to reiterate its concerns regarding the application and asking for a response to those concerns. The towers are known to be problematic for residents in Ferndale - at the very least, there needs to be some . reassurance that the problem is not simply being relocated. Draft letters are included as Attachments '0' and 'E'.
Implications: Fin@ncial Implications - there are no financial implications. Page 3 of 3 Point Roberts Radio Tower Proposal June 18, 2014
• CONCLUSION:
An update regarding the proposal to site a radio transmitting facility in Point Roberts is provided for Council's information.
/1~~ S ean McGill Director of Human Resources and Corporate Planning
Department submission prepared by: Bernita Iversen, Senior Policy Analyst F:\Bernita\Telecom\Point Roberts BBC\JuneCR.docx
• ATTACHM ENTS:
A. Mayor's letter to Whatcom County and response letter. B. Mayor's letter to E-Comm and response letter. C. Letter from Whatcom County to applicant. D. Draft letter to Whatcom County. E. Draft letter to Industry Canada. ATTACHMENT 'A' Page 1 of 2
From the office of THE CORPORATION OF DELTA The Mayor, Lois E. Jackson
September 10, 2013
Whatcom County Hearing Examiner 311 Grand Avenue Bellingham WA 98225
Dear Sir or Madam,
Re: Application to Relocate Radio Transmitter to Point Roberts (KRPI Radio)
In recent weeks, Delta Council has received several letters from local residents concerned about the proposed relocation of radio antenna towers from Ferndale to Point Roberts (licence renewal application by BBC Broadcasting Inc.). I understand that the official comment period closed on August 16, 2013, but that you will continue to receive comments until the hearing date in October or November.
The proposed new location for the antenna towers is in close proximity to the Tsawwassen community and some local residents have concerns relating to the potential for signal interference with electronics, communication devices and medical equipment. In particular, we have been provided with information relating to the public meeting held in Ferndale on September 27, 2005, during which numerous local residents complained about radio interference. From a municipal perspective, we have concerns regarding the potential impacts on emergency response communication systems.
Given the level of public concern over this matter, we would like to be assured that the problems experienced in Ferndale are not simply being transferred to Point Roberts and Tsawwassen, and we would appreciate a response to the concerns raised. In addition, we would like to be kept informed about the upcoming hearing and its outcome.
Suzanne Bosman, Whatcom County Planning & Development Services Industry Canada, BC Regional Office, Surrey The Honourable Kerry-Lynne D. Findlay, ac, Minister of National Revenue and Member of Parliament for Delta-Richmond East Vicki Huntington, MLADelta South Delta Council George V. Harvie, Chief Administrative Officer Fire Chief Dan Copeland, Delta Fire and Emergency Services Chief Constable Jim Cessford, Delta Police
4500 Clarence Taylor Crescent, Delta, British Columbia, Canada V4K 3E2 Tel: 604946-3210 Fax: 604 946-6055 E-mail: [email protected] ATIACHMENT 'A' Page 2 of 2
Sandra MacFarlane
:1 ·1 From: Suzanne Bosman
To the Honorable Mayor Jackson:
Dear Mayor Jackson:
Whatcom county Planning and Development Services is in receipt of your letter dated September 10, 2013 regarding the application by BBC Broadcasting Inc., to erect five radio antennas to create a broadcast signal for KRPI Radio AM 1550.
We are aware of the potential impacts that signal interference may cause to those living in Pt. Roberts, WA and the 21,000 residents of Tsawwassen, Be. We are equally concerned regarding the potential impacts on emergency communication systems.
Our department is still reviewing the application and does not anticipate going to hearing on this project until sometime in November. I have placed your name on our mailing list so you will be notified of the J hearing date as well as the County's final determination. i We appreCiate your comments and concerns. They will be considered.
Sincerely, Suzanne Bosman Senior Planner Whatcom County PDS 5280 Northwest Drive Bellingham, WA 98226 (360) 676-6907 [email protected] TYPE' DEPT; =-ur~~lft~L~'O~ A.T.#: \~. Comments: / Od.d\ 15 e.K i I
1 ATTACHMENT '8' Page 1 of 2
From the office of THE CORPORATION OF DELTA The Mayor, Lois E. Jackson
September 10, 2013
David Guscott, President & CEO Emergency Communications for SW British Columbia 3301 East Pender Street Vancouver BC V5K 5J3
Dear Mr. Guscott,
Re: Proposal to Relocate KRPI Transmitter to Point Roberts (KRPI Radio)
In recent weeks, Delta Council has received several letters from local residents concerned about the proposed relocation of radio antenna towers from Femdale to Point Roberts. Whatcom County is in the process of reviewing comments on the licence application and will be holding a public hearing later this fall.
The proposed new location for the towers is in close proximity to the Tsawwassen community and some local residents have concerns relating to the potential for signal interference with electronics, communication devices and medical equipment. It appears that local residents in Ferndale, where the towers are currently situated, have been complaining about radio interference from the towers for many years.
From a municipal perspective, Delta has concerns regarding the potential impacts of these antennas on emergency communication systems. We would appreciate knowing if our concerns are shared by E-Comm or if you anticipate any adverse effects from the towers on emergency communications systems in this area.
I look forward to hearing from you on this matter.
son
cc. Michael Webb, VP Technology Services, E-Comm Delta Council George V. Harvie, Chief Administrative Officer Fire Chief Dan Copeland, Delta Fire and Emergency Services Chief Constable Jim Cessford, Delta Police
4500 Clarence Taylor Crescent, Delta, British Columbia, Canada V4K 3E2 Tel: 604946-3210 Fax: 604 946-6055 E-mail: mayor@delta,ca ATIACHMENT fB' Page 2 of 2
3301 East Pender Street, Vancouver Be, V5K 5J3 Canada
b t 604.215.5000 .. f 604215.5001 .. ecomm911.ca Helping to $ave Uve, ond Prate<1 Property 519 September 27, 2013 ~ 1-', 1:""3 05YbO /35~,;) Her Worship Mayor Lois Jackson . '." ' .. ~~~.-~ The Corporation of Delta 4500 Clarence Taylor Crescent ~ Delta, BC V4K 3E2
Dear Mayor Jackson,
RE: Proposal to relocate KRPI Transmitter to Point Roberts (KRPI Radio)
Thank you for your letter of September 10,2013 regarding the relocation of the KRPI radio transmitter. E-Comm has been monitoring the matter and we understand that the relocation of the radio station transmitter in question to Point Roberts is the result of a directive from the US Federal Communications Commission (FCC). One of the regulatory requirements associated with such a move is for the FCC to coordinate with the Canadian regulatory authority having jurisdiction - Industry Canada - regarding power levels and frequencies used to address the potential for interference with authorized (Le. licensed) Canadian radio stations and users.
This coordination is conducted pursuant to bi-Iateral agreements and treaties in place between Canada and the US. It is E-Comm's expectation that this coordination process will be conducted in a manner consistent with the federal Radio Communications Act, which mandates Industry Canada to protect public safety radio communications in the lower mainland.
For this reason, we do not have significant concerns about the proposed relocation and do not anticipate adverse effects on the services we provide to the Corporation of Delta. However, we will be vigilant in our discussions with Industry Canada regarding the relocation plans to ensure that our collective interests are protected.
For reference, we are aware that there are two Canadian radio transmitters, broadcasting at a power level equivalent to the proposed KRPI transmitter, located between Highways 10 and 99 and between 104 Street and 112 Street. These stations have been operating for more than two years now and have not presented any problems to our operations. Given this, E-Comm has no basis on which to expect that there would be any effect on public safety radio communications in the Tsawwassen area caused by the Point Roberts transmitter.
E-Comm will continue to monitor the performance of the radio network in the Tsawwassen area in the same manner that we monitor the system in all other areas. The network, among other things, self-monitors for interference on public safety channels. In the event that interference is observed, E-Comm will immediately consult with Industry Canada to seek remediation. In our 14 years of operating the network, E-Comm has not had the need to call Industry Canada to address interference from a licensed transmitter of any kind. However, if any adverse effect is observed, we will quickly and effectively deal with to ensure the service we provide to Delta Police and Fire as well as Be Ambulance is protected.
Sincerelv/) MAYOR'S OFFICE Staff will review the correspondence and OCT 01 2013 advise Council of David'V~ A. T #: _-H::~u.)~-'-:-::- RE C E I V E 0 604-215-5002 any concerns. comments: ' ~ -{s3 fVI f;~. OckOJ..-Jtv 1/{ ~ 'tS~tlw (YIQe h-y J.(eC'-t:j\' \t.\'{B,~t(£, , .
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~ - ~ ~ "" 0" -.~.., _ ~'" ATTACHMENT 'e' Page 1 of 1 WHATCOM COUNTY J.E. "Sam" Ryan Planning & Development Services Director 5280 Northwest Drive Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 360-738-2525 Fax
June 4, 2014
AVT Consulting, LLC Ali Taysi 1708 F Street Bellingham, WA 98225
Subj ect: CUP2013-00004 - KRPI AM Rad io Transmitter Site Permit Expiration - APN 415334 221100
Dear Mr. Taysi,
On November 6, 2013, Whatcom County Planning and Development Services sent a Notice of Additional Requirements (NOAR) to BBC Broadcasting Inc., requesting additional information and/or studies in order for the county to continue processing the conditional use permit application (CUP2013-00004) submitted on July 10, 2013.
As you are aware, Erin Page, Whatcom County Critical Areas Biologist requested a new critical areas assessment report to identify the stream located on the property that was not previously addressed in the 2010 Wetland Report by Jim Wiggins of Aqua-Terr Systems, Inc. Until the site has been re -flagged and a new assessment report completed, the county cannot review or approve the delineation.
Since we have not received the information requested in the NOAR or by our wetland biologist, we have been unable to process the permit application for the proposed AM radio communication facility in Pt. Roberts, Washington,
Pursuant to WCC 20.84.260, "Applications for conditional use permits, variances, expansions of nonconforming uses, administrative approvals, and any other permits provided for in this chapter shall expire one year after filing of t he application if the applicant does not pursue completion of the appropriate process within that time by failing to take any action on the application ... "
This letter is to inform you that the zoning conditional use permit application (CUP2013- 00004) will expire if we do not receive the requested information on or before July 10, 2014.
If you have any questions regarding this letter please contact me at (360) 676-6907 or by email at [email protected].
Sincerely, ~ S . ~"""'.;\, - ~ Suzanne Bosman Senior Planner
CC David Harris, BBC Broadcasting Inc. Gurdial S Badh, Property Owner Narinder Kaur Badh, Property Owner Erin Page, Critical Areas Biologist Attachment '0' Page 1 of 1
June 20, 2014
Whatcom County Hearing Examiner 311 Grand Avenue Bellingham WA 98225
Dear Sir or Madam,
Re: Application to Relocate Radio Transmitter to Point Roberts (KRPI Radio)
I wrote to you last September to express Delta Council's concerns regarding the proposal to locate a radio transmitting facility close to the Canada/US border in Point Roberts. Since that time Delta Council has continued to receive a significant number of letters and emails from residents of Tsawwassen who live very close to the proposed tower site and who have a variety of concerns ranging from potential health impacts to radio interference with electrical appliances.
I received a prompt response from Whatcom County Planning Department and was assured that the concerns of the community would be considered through the application process. We understand however that the proponent has been asked to provide additional information and that the public hearing is not anticipated until September at the earliest.
. In view of this, I would appreciate some clarification regarding the following issues:
• Specifically, how are the concerns of local residents being addressed? • What assurances are there that the problems reported by the Ferndale residents, where the towers are currently sited, will not simply be relocated to Point Roberts and Tsawwassen? • What format will the public hearing take and will Canadian residents have the same opportunity to appear as US residents? • Is there an appeal process following the decision? " If the project is allowed to proceed, what measures are available to deal with problems that become apparent after the towers become operational?
Projects such as this, with cross-border implications present unique jurisdictional challenges. At this stage in the process, we are seeking additional information to better inform our community and, as such, I look forward to your response.
Yours truly,
Lois E. Jackson Mayor
cc. Delta Council George V. Harvie, Chief Administrative Officer Industry Canada, BC Regional Office, Surrey Kerry-Lynne D. Findlay, PC, QC, MP Delta-Richmond East Vicki Huntington, MLA Delta South Suzanne Bosman, Whatcom County Planning & Development Services ATTACHMENT 'E' Page 1 of 1
June 20, 2014
Honourable James Moore Minister of Industry 235 Queen Street Ottawa ON K1A OH5
Dear Minister,
Re: Radio Transmission Tower Proposal, Point Roberts, Washington
As you may be aware, the proposal to locate a radio transmitting facility close to the Canada/US border in Point Roberts is currently under consideration by Washington State authorities. The proposed facility is within 330 metres of the border and has generated a considerable level of concern from residents in Tsawwassen living close to the border.
Since the proposal was first brought forward last July, Delta Council has received a significant number of letters and emails from residents who have a variety of concerns ranging from potential health impacts to radio interference with electrical appliances.
We appreciate the challenges of dealing with cross-border issues such as this; however, this project cannot be allowed to proceed without due consideration of the potential impacts on communities north and south of the border. A public hearing will be held by Whatcom County later this year and I would request that a representative from Industry Canada be appointed to attend to represent the interests of the Canadian residents that may be impacted by this proposal.
Yours truly,
Lois E. Jackson Mayor
cc. Delta Council George V. Harvie, Chief Administrative Officer Kerry-Lynne D. Findlay, PC, QC, MP Delta-Richmond East Vicki Huntington, MLA Delta South Suzanne Bosman, Whatcom County Planning & Development Services