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01/20/2010: "PC Reverses Vote, Recommends Wireless Communication Rules Into UDC"

The CC (County Council) set out last year to move existing regulations out of a sub-area plan, and into the UDC (Uniform Development Code). If approved by the County Council, the move would allow the regulations to be potentially changed with the rest of the UDC, which can be done up to three times a year, as opposed to only once a year if left in the CP (Comprehensive Plan).

Like any change to land use regulations, the proposal to the regulations had to first go to the PC for their review, the holding of at least one public hearing, and then -if they choose- make recommendations to the County Council.

After the PC held a work session on the subject prior to the holding of a public hearing, it was reported they took a vote to decide if they should recommend moving the Wireless regulations from a sub-area plan to the UDC. This caused concern they were making decisions prior to holding a public hearing, and when the vote did not show up in the minutes, even those planning commissioners who were absent from the meeting became confused and concerned about what had happen at the meeting.

Bob Gamble was the chair of the PC at that time, and when later questioned (at a public hearing on moving the regulations into the UDC) by The Island Guardian about the controversy, he stated the PC had, in fact, taken a vote in the work session on the question of moving the Wireless Communication ordinance from the sub-area plan to the UDC. When asked why they were now taking public input on the same question, after having already voted on the question, Gamble responded “It doesn’t matter.. I’m sure we are going to have another vote.”

And indeed they did. This time however, it was during an advertized public meeting, and as a result of additional public input and discussions between the commissioners -that at one point reached the level of argument- the commissioners reversed the vote they had taken prior to public input, and decided by a 5 to 3 vote (with past chair Gamble abstaining) to recommend the Wireless ordinance be moved into the UDC.

Thomas got a rise from a couple of her fellow commissioners after stating “I think it is very sad that we did not listen well to the people who did not want to move it (the ord into the UDC), we listened very well to the people who felt there was a need. I have no doubt there is a need to improve, but to have ignored a perfectly valid concern that was expressed by not an insignificant number of people, I think is very sad.”

Exceptions were taken to her comments. Former Chair Karin Agosta responded that “it is not fair to the other planning commissioners to say ‘we did not hear it’ that ‘we did not listen.” She added “that is not where we are at, where we are is to include those objections (the concerns of those opposed) in the plan that is to go forward.”

Commissioner Mike Carlson told Thomas that her remarks were “a mischaracterization of what’s going on here.. in a bad sense.” Carlson said that by moving the ordinance into the UDC they are “moving it into the proper process, and out of something that actually impedes” progress to make changes, that Thomas had said were needed.

For Commissioner Brian Ehrmantraut the question was a “simple issue of fairness and design of our legislation.” Which he explained was an issue of consistency, and not of “listening to one side vs. the other, or ignoring one side or the other,” rather he said, the motion to move the regulations into the UDC “is based on wishing to treat this body of law like all of the other equivalent bodies of law in our code.”

Newly elected Chair Susan Dehlendorf agreed with Ehrmantraut, and said, “were losing touch here about what it is we’re doing, by talking so much about the specifics of the cell phone thing,” adding the ordinance belongs in the UDC, not in the Comprehensive Plan.

Ehrmantraut said he would feel the same way if they were “talking about a dog ordinance sub-area plan.. the content does not matter as much as where we are putting things and structuring things. All our laws should be treated equally.”

Their recommendation will be forwarded to the County Council, who will also hold at least one public hearing, and then may, or may not vote, on moving the regulations into the UDC; or they may take some other action,

In the meantime, an official County Council meeting has been scheduled to allow a quorum of county council members tol be present at a public work shop set up to to receive input from representatives of wireless communication companies on what the latest technologies are, and how they are manifested in installations of wireless transmitters.

The workshop is intended to help community leaders and interested citizens learn more about the construction and operation of a cellular network in our islands, and how to build an improved network.

Meeting is in Friday Harbor on Friday January 22nd: Islanders Bank Administrative Meeting Room,, 12:15 - 1:45 pm.