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HomeMy WebLinkAbout2.01 BOCC Meeting Minutes 07.11.2005JULY 11, 2005 CONSIDER A SPECIAL USE PERMIT FOR A COMMUNICATION FACILITY. APPLICANT: JOHN COLBY - FRED JARMAN - CONTINUED PUBLIC HEARING Final discussion and motion for denial Chairman Martin - This will be going on for many years - it might even be job security for those who do research. If you go ahead and wrap up - this is way over schedule and we have one more speaker. Bill Moffat Chairman Martin swore him in as he was late coming in. William Moffatt - the property owner at 3501 South Grand Avenue - and I was watching this on TV and I didn't want to come down here because I thought it would be a conflict of interest. I have been negotiating with Verizon Wireless for 2.5 years to the tune of almost $5,000 out of my pocket and for them to say they don't have another site it's simply not true. They have my site and they basically spent 2.5 years of my time with engineering and I spent 2.5 years of their time and their engineering, going from one possibility to the next possibility; they've been approved by City of Glenwood Springs, Planning & Zoning Department of Glenwood Springs wanted to put their facilities inside my building which I thought was taking up most of my building and they simply didn't want what I thought was a fair price. Chairman Martin - so it's a business transaction between you two. William Moffatt - yes and I thought it would be conflict of interest to come down here except in watching it on TV and I couldn't take it anymore. Chairman Martin - you mean you really do watch it on TV. William Moffatt - I do watch it on TV. Chairman Martin - No, I thought you were just selling other things. All right, let's go ahead and wrap it up - counselor, anything else to consider. Jan Shute - no. Chairman Martin - Fred? Fred Jarman - no sir. Chairman Martin - back to the applicant, anything in closing? Questions from the Baord then. Commissioner Houpt - well there are obviously other options and I'm disappointed, we were told otherwise. Chairman Martin - okay - do we have a motion to close the public hearing? Commissioner Houpt - do you want to close or continue? Chairman Martin - that's up to the Board. Commissioner Houpt - I'd like to see these folks look at the other options that are available before moving ahead with this one site that I think has many problems. I mean we've had other towers come in front of us with neighbors' concerns and we've continued those meetings because the applicant's have said we would like to work with our neighbors and try to work this out and see what we can arrange, I know we haven't heard that today, but it's been the practice of this Board to encourage applicant's to work things out with the concern of a neighborhood and an area and find other options that are available and viable. And I don't why we wouldn't encourage that this time around as well since we've done it in the past. Commissioner McCown — well, I think we have encouraged that and I think we continued it this time on the basis of the health reasons which we come to find out we can't deny it for anyway. So Commissioner Houpt — yeah but we have new information today too. Commissioner McCown — no, I don't think so. Commissioner Houpt — we have pictures, we have illustrations... Commissioner McCown - no I don't think so, Tresi, I think the you and apparently didn't hear the same testimony today, because the pictures truly depict the height of the building on the back. To me, after the discussion, that is irrelevant. If you can boost a kid upon there we had the discussion, the biggest danger is falling off the front side that is more than six foot. Commissioner Houpt — that's your perception. Commissioner McCown — they still can't get access to the antenna. Anything outside of the enclosure that the applicant is proposing around the antenna is a safe zone. No hazardous emissions come from outside of that area. That is what has to be complied with and monitored on the FCC rules, now I take objection to the fact that there was insinuations made that a professional engineer is going to jeopardize their license and career and falsify statements on behalf of a client. Commissioner Houpt — and who insinuating that. Commissioner McCown — the lady in the back said she did not think it was the best practice to hire a professional consultant to do a review by Verizon and Verizon pay for it. Commissioner Houpt — she was talking about on-going Chairman Martin — okay, slow down Mildred Alsdorf — only one talk at a time please Commissioner McCown — so I think we can close the public hearing, if you want to vote against this, that is your objective, it is mine to vote against it if I see fit, I don't see a need to continue this — the client has Chairman Martin — he has a right to know Commissioner McCown — the client has pursued locations for 2.5 years, Mr. Dalby just came in and said he had been involved in negotiations for 2.5 years so we know its been going on. Just because they could not reach an agreement do we punish an applicant for not agreeing to an individual's price — I think we're getting into an area that far exceeds the government's authority. Commissioner Houpt — Larry, I think we heard a great deal more information today than we heard at our last meeting and I think we heard some concerns that haven't been discussed beyond what the Lynches had presented to us in the last meeting and when this has happened in the past we have always to see some type of agreement or meeting of the minds before it comes back to us and I think it would be unfortunate for this to be accepted without the opportunity for those people who came forward to have an honest discussion with Verizon and for Verizon to have an honest discussion with them about what other options may be available. And I haven't heard from Verizon that has happened. Chairman Maritn — Okay. Commissioner McCown — have you heard from any of the applicants that they've been denied the possibility of that discussion? Any of the people that spoke here today, has Verizon refused to talk with them? Commissioner Houpt — I think that's irrelevant to what I suggesting Larry. Because what I'm suggesting is that this has opened up the opportunity to make that happen as it has on numerous occasions. So, Chairman Martin — it looks like we're going to continue debating, so the Chair will go ahead and entertain a motion to go ahead and actually make the motion to close the public hearing. Commissioner McCown — I will second your motion. Chairman Martin — discussion Commissioner Houpt — I think it's a huge mistake to close this discussion, we've been in here for 3 hours discussing some real issues and concerns that people have about this project and I'm not convinced that the applicant has met with the folks who took their whole afternoon off to come in and talk to us and I'm not convinced that this is the only location that's available for this project, so I'm extremely disappointed that my colleagues decided to close this public session. Chairman Martin — oh yea of little faith, call for the question. In favor: Martin — aye; McCown — aye; Opposed — Houpt — aye. Chairman Martin — the Chair makes a motion to deny on the case that it has not been met for the best location and also leased to expanded use and that the case for need has not also been met, so therefore I make that motion. Commissioner Houpt — I'll second that motion. Chairman Martin — we have a motion and a second. Discussion. Commissioner Houpt — well I would agree with you, I think it's unfortunate that we couldn't continue it to give them the opportunity to work it out, but I agree that those items have been met. Chairman Martin — and I want to make sure that the change is the one that creates fear and we do have fear on both sides of the issue today, I don't think we deny anyone anything at this time other than this location has not been proved to be the most optimal and the only location that Verizon can operate on. It does not fuel the fire that it is such a health issue that we can't rule on it because we can't, there is no way that we can go ahead and override FCC regulations, not trying to do that, its just that the case has not been that there are other locations that could be better. Call for the question. In favor: Houpt — aye; Martin — aye; Opposed — McCown — aye. Chairman Martin — thank you, it is denied. Brad Johnson — thank you for your time. Chairman Martin — thank you very much and I appreciate your hard work and your honesty with it and the engineering is very good, thank you very much.