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F14 Point Roberts Radio Tower Proposal

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F14 Point Roberts Radio Tower Proposal 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 <[email protected]> I genda .-' Date: Wednesday, 25 September, 2013 10:17 AM FILE # O~'i'(eO -3» To: Tanya Bader <[email protected]> Subject: RE: KRPI Radio Towers Point Roberts 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.
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