Showing posts with label HAZMAT. Show all posts
Showing posts with label HAZMAT. Show all posts

Thursday, August 2, 2012

Yes, a Cell Tower Will Lower Property Values. And, Yes, Lower Property Values Result in Less Money for the Operating Fund of Our Public Schools

We have been talking about the many, many reasons why there might be some upset people when they wake up in DeKalb County, after an overwhelming majority of voters sent a clear message that we do not want T-mobile towers on our school grounds... only to see a giant cell tower going up right outside their window. 
One good reason they might be concerned is that their property values, already taking a beating, might get even worse.  And, they would probably be justified in thinking that way.
 
Who would want to live right next to one of these things, seriously?
 
The DeKalb County School Board Chairman Dr. Eugene Walker said he would take one in his front yard, but that was before a cell tower in Lilburn caught fire and fell over.  He probably had second thoughts after he saw that happen.
 
And imagine what it’s like for people who purchase or build their dream home or neighborhood, only to later have an unwanted cell tower installed just outside their window? 

This negative effect can also contribute to urban blight, a deterioration of neighborhoods and school districts that can happen when residents move away or pull their children out of school because they do not want to spend so much time near urban health hazards, like cell towers.


People don’t want to live next to one not just because of health concerns, but also due to aesthetics and public safety reasons.  Cell towers become eyesores, obstructing or tarnishing cherished views, and also can attract crime, are potential noise nuisances, and fire and fall hazards.  There is also concern for injuries to people and property on the ground below a cell tower in winter as ice and debris often accumulate up top, then fall to the ground as the weather gets warmer throughout the day. 
 
These points underscore why wireless facilities are commercial / industrial facilities that don't belong in residential areas, parks and schools.  In addition, your county officials have the power to regulate the placement and appearance of cell towers, as long as such discrimination is not unreasonable, and especially if you show them that you already have coverage in your area.


A recent map of the U.S. was released by the FCC to show the areas deficient in 3G wirelss coverage and guess what... DeKalb County, GA, was not on it!  So even the FCC has your back on this one, DeKalb... we are NOT considered to be deficient in our current coverage.  These towers are simply not needed.  They are just an attempt to gain closer proximity to our homes and to push their 4G coverage products on us without consumer demand for them.  This mindset is the opposite of safe cell siting procedures.  The FCC clearly defines the "need" for a tower as something that must come before the approval to build.  That's why T-mobile wants to go around the standard process and use our schools as their accomplice.  They don't care about the fact that children will lose playground space or that their health might be at risk.  They care about profit and nothing else.


Putting cell towers near residential properties is just bad business.
*  For residential owners, it means decreased property values.
*  For local businesses (realtors and brokers) representing and listing these properties, it will create decreased income.
*  For county governments, it results in decreased revenue (property taxes).
*  For state and local school boards, it results in abandonment of schools and distrust of elected officials.
 
Read this New York Times news story, "A Pushback Against Cell Towers," published in the paper's Real Estate section, on August 27, 2010:
 
http://www.nytimes.com/2010/08/29/realestate/29Lizo.html?_r=1&ref=realestate
 
A number of organizations and studies have documented the detrimental effects of cell towers on property values.  
 
1.  The Appraisal Institute, the largest global professional membership organization for appraisers with 91 chapters throughout the world, spotlighted the issue of cell towers and the fair market value of a home and educated its members that a cell tower should, in fact, cause a decrease in home value. 

The definitive work on this subject was done by Dr. Sandy Bond, who concluded that "media attention to the potential health hazards of [cellular phone towers and antennas] has spread concerns among the public, resulting in increased resistance" to sites near those towers.

 

Percentage decreases mentioned in the study range from 2 to 20% with the percentage moving toward the higher range the closer the property.

 
These are a few of her studies:
 
2. Industry Canada (Canadian government department promoting Canadian economy), “Report On the National Antenna Tower Policy Review, Section D — The Six Policy Questions, Question 6. What evidence exists that property values are impacted by the placement of antenna towers?”; see attached. Source: Industry Canada http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf08353.html website,
 
3. New Zealand Ministry for the Environment, “Appendix 5: The Impact of Cellphone Towers on Property Values”; see attached. Source: New Zealand Ministry for the Environment website, http://www.mfe.govt.nz/publications/rma/nes-telecommunications-section32-aug08/html/page12.html
 
 
On a local level, taxpayers have informed local school board, county government and administrative offices and state legislative officials.
 
1.  Santa Cruz, CA: Also attached is a story about how a preschool closed up because of a cell tower installed on its grounds; “Santa Cruz Preschool Closes Citing Cell Tower Radiation,” Santa Cruz Sentinel, May 17, 2006; Source, EMFacts website: http://www.emfacts.com/weblog/?p=466.
 
2.  Merrick, NY:  For a graphic illustration of what we don't want happening here in DeKalb County, just look at Merrick, NY, where NextG wireless facilities are being installed, resulting in declining home real estate values.  Look at this Best Buyers Brokers Realty website ad from this area,  “Residents of Merrick, Seaford and Wantaugh Complain Over Perceived Declining Property Values: http://www.bestbuyerbroker.com/blog/?p=86.
 
3.  Burbank, CA: As for Burbank,  at a City Council public hearing on December 8, 2009, hillside resident and a California licensed real estate professional Alex Safarian informed city officials that local real estate professionals he spoke with agree about the adverse effects the proposed cell tower would have on property values:
 
"I’ve done research on the subject and as well as spoken to many real estate professionals in the area, and they all agree that there’s no doubt that cell towers negatively affect real estate values.  Steve Hovakimian, a resident near Brace park, and a California real estate broker, and the publisher of “Home by Design” monthly real estate magazine, stated that he has seen properties near cell towers lose up to 10% of their value due to proximity of the cell tower...So even if they try to disguise them as tacky fake metal pine trees, as a real estate professional you’re required by the California Association of Realtors: that sellers and licensees must disclose material facts that affect the value or desirability of a property including conditions that are known outside and surrounding areas."
 
(See City of Burbank Website, Video, Alex Safarian comments @ 6:24:28, http://burbank.granicus.com/MediaPlayer.php?view_id=6&clip_id=848)
 
Indeed, 27 Burbank real estate professionals in December 2009, signed a petition/statement offering their professional opinion that the proposed T-Mobile cell tower at Brace Canyon Park would negatively impact the surrounding homes, stating:
 
"It is our professional opinion that cell towers decrease the value of homes in the area tremendously.  Peer reviewed research also concurs that cell sites do indeed cause a decrease in home value.  We encourage you to respect the wishes of the residents and deny the proposed T-Mobile lease at this location.  We also request that you strengthen your zoning ordinance regarding wireless facilities like the neighboring city of Glendale has done, to create preferred and non preferred zones that will protect the welfare of our residents and their properties as well as Burbank's real estate business professionals and the City of Burbank.  Higher property values mean more tax revenue for the city, which helps improve our city."


 
(Submitted to City Council,  Planning Board, City Manager, City Clerk and other city officials via e-mail on June 18, 2010.  To see a copy of this, scroll down to bottom of page and click "Subpages" or go here: http://sites.google.com/site/nocelltowerinourneighborhood/home/decreased-real-estate-value/burbank-real-estate-professionals-statement )
4.  And, of course, you can look at our website, www.GETtheCELLoutATL.org for  the long history we have had of fighting for the rights of our schools, children and neighborhoods here in DeKalb County, GA, a suburb area near Atlanta.
 
Here is a list of additional articles on how cell towers negatively affect the property values of homes near them:
 
 •The Observer (U.K.), "Phone masts blight house sales: Health fears are alarming buyers as masts spread across Britain to meet rising demand for mobiles," Sunday May 25, 2003 or go here: http://www.guardian.co.uk/money/2003/may/25/houseprices.uknews
 
• “Cell Towers Are Sprouting in Unlikely Places,” The New York Times, January 9, 2000 (fears that property values could drop between 5 and 40 percent because of neighboring cell towers)
 
•“Quarrel over Phone Tower Now Court’s Call,” Chicago Tribune, January 18, 2000 (fear of lowered property values due to cell tower)
 
•“The Future is Here, and It’s Ugly: a Spreading of Techno-blight of Wires, Cables and Towers Sparks a Revolt,” New York Times, September 7, 2000
 
•“Tower Opponents Ring Up a Victory," by Phil Brozynski, in the Barrington [Illinois] Courier-Review, February 15, 1999, 5,  reporting how the Cuba Township assessor reduced the value of twelve homes following the construction of a cell tower in Lake County, IL.  See attached story: http://spot.colorado.edu/~maziara/appeal&attachments/Newton-43-LoweredPropertyValuation/
 
•In another case, a Houston jury awarded 1.2 million to a couple because a 100-foot-tall cell tower was determined to have lessened the value of their property and caused them mental anguish: Nissimov, R., "GTE Wireless Loses Lawsuit over Cell-Phone Tower," Houston Chronicle, February 23, 1999, Section A, page 11.  (Property values depreciate by about 10 percent because of the tower.)
 
 
Read about other "Tools" that may help you and your fellow residents oppose a cell tower in your neighborhood:
 
•Reasonable Discrimination Allowed
 •We Already Have Good Coverage: Significant Gap and 911
•Alternative Locations and Supplemental Application forms
•Aesthetics and Safety
•Noise and Nuisance and notes about Clearwire
•Health Effects: Science & Research
 
Also print out this helpful article on court decisions from the communications law firm of Miller & Van Eaton (with offices in D.C. and San Francisco) that you can pull and read to realize what rights you may or may not have in opposing a wireless facility in your neighborhood: http://www.millervaneaton.com/content.agent?page_name=HT%3A++IMLA+Article+Tower+Siting+Nov+2008 (click the link once you get to this page). 
  
TALK TO LOCAL REALTORS
 When opposing the zoning or construction of a cell tower, it's important to alk to your local real estate professionals as early in the process as possible.  Inform and educate them about the negative effects on local property values that cell towers have. 
 
After all, they are required by law to disclose any known environmental hazards in the area of a home they are selling, either current or future, so they are well aware that the disclosures they make directly affect the price a homebuyer is willing to pay. 
 
Ask for letters of support to be sent from the Realtor directly to the county Planning and Development officials and cc'ed to you and your local media so that you are educating and informing as many people as possible on this issue as early in the process as possible.  
 
It's very important to have your local real estate professionals back up what the experts report in their studies to make your arguments relative to your specific community. 

And, don't forget the importance of your neighborhood school on influencing your property value.  Here's one local Realtor's take on it:  http://tucker.patch.com/blog_posts/whats-a-huge-factor-in-calculating-your-property-value


HOMEOWNERS' ASSOCIATIONS
 You can also educate your local homeowners' associations and neighborhood councils about the negative property value effects and have them submit letters. 
 
They may also become great advocates for your cause, helping to spread word of mouth about the pitfalls of cell towers among the community and showing up in force whenever your group is called upon to present its side of the issue at a zoning hearing or in front of a committee that must decide about an application for special use of the land in an ordinarily residential-only zone.


DON'T GIVE UP THE FIGHT

This area of the law is still very new and it is expected that many of the cell tower battles will be over unchartered territory.  You are expected to have to go to the judiciary system in some cases as there is no precedent to lead in either direction.  So, do what you can to stand up for your rights!  If you are fighting within the FCC "shot clock" window, you will likely have attorneys' fees refunded as well.  You are not just fighting for yourself, but for all those who will travel the same path after you.

Don't give up.  Be respectful, but take nothing at face value.  Use the media to tell your story if you can get them on your side.  But, focus on your issue, your case and get your neighbors to unite as it will affect everyone in some way.  The more you can help educate others, the better off we will all be in the long run.

If you have any questions, feel free to email us at sayno2celltowers@yahoo.com.  We are not attorneys nor do we offer advice that should substitute for the advice from a qualified attorney in this area, but we have been working on this subject for more than a year and can offer practical input about our own experience that we are willing to share.  Sometimes it helps just to know you are not alone and you have people in your corner.

And, here in DeKalb County, we started with no one in our corner and, as of July 31, 2012, 75,000 voters, a whopping 62%, voted "NO" to cell towers at our schools!  Way to go DeKalb County!

Saturday, March 17, 2012

Dear Commissioner Elaine Boyer,

(click headline to read full text of this letter)

Original email dated Sept. 14, 2011

Dear Commissioner Boyer,

I am contacting you on behalf of a group of concerned citizens, parents, homeowners, taxpayers, residents, association members and business owners.  Our group covers every demographic category and the full span of this county, from the South, Central andd North Regions.  We have assisted with lobbying the school board to remove three schools prior to their vote on cell towers on school grounds back in July.  At that time, we were all told that the other schools would have an opportunity to address the zoning issues during the public comment portion of their Special Land Use permitting hearing.  We have now been told the school board is claiming exemption to this entire process, but no one has cited any case law to back up their claim.

(Get the Cell Out, by the way, has cited case law to various members of the commission that shows that the school exemption does NOT apply when the property being leased will be used for proprietary purposes.)

We are very concerned about the recent actions of the School Board, which they took while the Interim Superintendent was in place, and without following their own rules of conduct which require them to hold a public forum and consider the input of their communities before voting.  This has not happened and their own vice-chair Paul Womack has admitted that the notice was not sufficient during a meeting at Briarlake Elementary.

A partial transcript of that meeting is available on the DeKalb School Watch Blog.  Mr. Womack's comments are very shocking as he bluntly tells the parents that the school board did not put up signs, and they did not knock on the doors of the residents immediately surronding the school's property.  He claims they used other media outlets, but this is a misleading statement.  The AJC article being referenced was not published until after all the meetings had already been held, except the three schools that were scheduled for the last day of meetings.  WSB-TV has found no record of anything airing on their station except for a story the night prior to the July vote, but that story was initiated by us and was not an announcement of any meetings.  It was a story about our efforts to get the word out ourselves because the school board had not done it themselves.

We are counting on you to get this information into the right hands so that the county can consider it and take appropriate action.  Please do not let these cell towers go up if you are not certain the decision has been made following the letter of the law.  T-mobile has been known to start construction without required permits and will build towers that are not up to code.  Specifically, the base of these towers is not planned to be up to the Rev-G standard the is necessary to ensure stability in high wind conditions.  This should be of particular concern when you think about the fact that they want to put the towers with "fall zones" that include schools and homes. 

They have not proven that their towers will comply with the regulations necessary for respect of airspace since they will be near the DeKalb-Peachtree airport.  They have not shown anyone that they will respect the necessary setback requirements and they have not given anyone their plans for the cabinet or building structures that will be at the base of the towers or the fencing planned that will have to be sufficient to deter children from getting into the restricted area and trying to climb the towers.  Please remember, many elementary school children do not read or are just learning to read.  Typcial warnings on cell towers will not have any meaning to them and we have heard no plans for how they will be training anyone on staff at the school about what to do in an emergency or what to tell the children to ensure they understand the dangers. 

During the meeting at Brairlake, Mr. Womack even admitted that he did not carefully read the contract.  Did anyone?  How can we allow HAZMAT materials and a dangerous, tall industrial structure to violate the very essense of our zoning codes without questioning whether these leases are even legal and the structures will be sound?  And, if there is truly nothing to worry about, then why isn't anyone coming forward to tell us that? 

We are not involved in this issue because it is interesting to us.  We are involved because we feel we are being compelled to do so because of the lack of knowledge, accountability, interest or even minimal response we are so far getting from anyone and everyone we would expect should be wanting to protect us, the taxpayers, the ones who have elected all of you for the specific purpose of representing us. 

We don't know anyone who wants these towers.  So, who exactly is being represented and what do we need to do to show you that there are a lot more people on our side than they have on theirs?

Sincerely,

Get the Cell Out - Atlanta

Please visit our Facebook page, www.facebook.com/Get.the.Cell.Out.ATL, currently at 10,184 page views for this month alone, up 167% from this time last month.

NOTE:  The RF Emissions Report submitted by T-mobile to the school board is dated 2009 and is certified by someone in Colorado, not Gerogia.  The pole document is from Fulton County and the mount evaluation does not meet current safety codes.  We are not experts, but these were all errors that were easy for us to spot.  If you are looking at an application, we are sure you will see many more issues that concern you as well.

Saturday, December 3, 2011

Cell Tower Fire in Gwinnett County

From the Lilburn-Mountain Park Patch

A cell tower at the corner of Rockbridge and Lilburn-Stone Mountain roads caught fire Friday afternoon.
Updated at 8 a.m. Saturday

A cell tower will be taken down that caught fire in unincorporated Lilburn near the corner of Rockbridge and Lilburn-Stone Mountain roads Friday afternoon.

Firefighters were on the scene until about 6:30 p.m. Friday, when the fire was considered to be out and power was cut to the tower, said Tommy Rutledge, spokesman for the Gwinnett County Fire and Emergency Services.

A contracting company was welding on the tower, and that seems to have sparked the fire, which burned along the transmisison cables that run up the tower, Rutledge said.

The tower rises above a daycare center, and the children were evacuated to a nearby Ingles parking lot. There's also a gas station on the corner in front of the tower. Rockbridge Road was closed until about 6:30.

Firefighters on the scene and could be seen spraying the bottom of the tower at about 4 p.m. Fire and smoke engulfed roughly the top part of the tower, and the upper portion seemed to be bent and leaning slightly.

Firefighters established a collapse zone just in case the tower came down.

About 20 children were evacuated from Education Station Daycare, and the owner and teachers said it was frightening experience. Owner Celeste Ginyard said the children at first went to a nearby playground, as they had practiced in fire drills.

"It began to crackle and make a lot of noise," she said. "As it leaned, that's when I said we've got to get out of here." Within five minutes, staff members had the children, including five infants, in vans and buses, headed away from the site.

"I'm so glad we practiced," she said. "The kids are really what made it easy" although a few were scared.

Lilburn Cell Tower Catches on Fire - Daycare Center and Homes Evacuated

Emergency crews worry cell tower may fall after fire

News from WSB-TV, 12/2/11

http://www.wsbtv.com/videos/news/emergency-crews-worry-cell-tower-may-fall-after/vFQDs/

Friday, October 28, 2011

What's at the Bottom of a Cell Tower Anyway?


Most everyone has an idea about what the top of a cell tower looks like by now... but have you ever wondered what's at the bottom? If you think it is similar to an electric or telephone pole that just sticks straight into the ground, you would be incorrect. The base of a cell tower may actually be more dangerous than what's at the top!

Although the top emits radiation, at least it is generally 150' above ground or higher. But, since your child may soon be playing on a playground right next to a cell tower base in DeKalb County, you might want to get familiar with the dangers that will exist so you can warn your child not to go near it and never, ever cross the fenced in area or attempt to climb a cell tower! Here's a look at some base stations at ATT and T-mobile towers that are operational in our county today.

A parent who is actively fighting cell towers in Maryland via the Parents Coalition of Montgomery County, www.parentscoalitionmc.com, had this advice to offer to us here in DeKalb County:

6:32pm on Tuesday, June 21, 2011
It doesn't seem that the people in this community really understands what a cell tower on school property means. It means a commercial entity on public school land. It means 24/7 access by company workers. It means the placement of a HAZMAT (hazardous materials) site on playgrounds. It means trucks driving over school grounds (can mess up football fields, playgrounds, trucks arrive DURING recess) and it means maintenance of the grounds issues as the compound becomes overgrown.

Cell tower and stranger danger:
http://parentscoalitionmc.blogspot.com/2010/01/stranger-danger-cell-towers-on-school.html
Summary: There are some facts you as community members, parents and tax payers need to know about.

While you read these facts, consider the following questions:
* What benefit is it doing to our children?
* What benefit does it bring to our community?
* Why are other schools benefiting from the cell tower in our backyard?
* How is this tower helping the value of our homes?
* When did a public school become a profit generating business?


1. Towers bring very little money into the school system and even less, if any, will be spent at the school that's assuming this huge 30-year risk. For example, if MLK, Jr. High School in Lithonia, GA, with approximately 1833 students (according to education.com), were to actually be allowed to keep all the money from their tower so it could be spent at their school, it would be the equivelent to less than $5.00 per student per year! Did anyone think to ask the parents if they would like to contribute $20 per year per child so that the school board would NOT place a cell tower nearby?

2. The cell tower funds the school receives are not appropriated by county and are separate from the general fund. It ends up being essentially nothing more than a slush fund that can be utilized, and not be penalized, as the school board wishes.

4. The schools with the towers believed they would get 25K per PTA. They have since learned the money all goes to the general fund and they will then be able to "direct" the spending of $25,000 in the first year. After that, all money goes straight to the general fund. Why are all schools able to benefit from a huge health and safety issue being forced upon only a few?

5. T-mobile wants to add up to three additional devices per tower, once they are operational. This increases the radiation exposure and nothing in the contract states what would be in it for the schools with the towers.


6. T-mobile and frequently visits the cell tower site and as it has happened at other schools, they do not check in or check out.

7. The DCSS did not include anything in the T-mobile contract that would require the employees or subcontractors of T-mobile to have background checks. If you have a child in a trailor or at recess when these people are inspecting the towers, this is a major concern.

8. The driveway and eavesments have been known to create an eyesore for the school and the community.

We as parents and tax payers need to demand that the money being brought into our school is used appropriately. If you are a member of the PTA at your school, it is recommended that your PTA take a vote about whether or not to allow the extra devices to be co-located on your tower and whether or not the school should enforce the check-in policy that exists for volunteers or anyone else coming onto school property. You can then deliver that message to your principal and school council member and ask that it be brought to the attention of your board member.


Look at the dirt road created by all the truck traffic to the cell tower on the playground at this elementary school: http://parentscoalitionmc.blogspot.com/2010/01/weast-puts-strangers-on-playground.html

Read about the HAZMAT issue and T-Mobile response to comply with county law:
http://parentscoalitionmc.blogspot.com/2010/03/weast-puts-hazmat-on-playgrounds.html

Here is what the base of the cell tower looks like at one school:

Maintenance of site:
http://parentscoalitionmc.blogspot.com/2010/01/weasts-cell-tower-jungle-gym-for-kids.html