Famous Human Rights Activist Brings National Attention to DeKalb County's Cell Tower Battle

A cell phone tower fire in Georgia in Dec. 2011 that required two homes
and a daycare center to be evacuated.

Photo credit: CBSAtlanta.com

May 4, 2012

Hi There,

I came across your website, GetTheCellOutATL, and wrote an article about your plight on my blog, AnneLandmanBlog.com

The article is here:

http://annelandmanblog.com/2012/05/04/citizens-battle-telecomm-lobby-in-dekalb-county-georgia/

Good work, good organizing, informative website!

Anne
Anne Landman

Get the Cell Out -Atlanta caught the eye (and "pen") recently of famous human rights activist Anne Landman!  Thank you Anne for your article and helping draw national attention to the uphill battle we have been forced to fight here in Atlanta. 

Anne's post could not have come at a more fitting time - exactly one year to the day that the T-mobile meeting was held at Brockett Elementary School in Tucker so that residents could "be informed" about the county's plans to place towers in "various locations" throughout the county.  Shortly afterward we learned they actually meant they were putting a tower on our public school grounds and there was little or nothing we could do about it. 

We have been speaking out, fighting back, sticking up for ourselves and encouraging others to work together in unison on this issue for the sake of the children of DeKalb County.  These cell phone towers are about a lot more than just one neigbhorhood or just one school.  A dangerous precedent will be set if a single tower goes up this way, without public input and against laws already on the books to protect our health, safety and property values.

We are disappointed in the recent failure of a bill that would have banned the towers from school grounds, but we are proud of the awareness our efforts (and the efforts of many, many others) have brought to this subject so that no one else will have to start from square one like we did.

Anne Landman is the former Managing Editor for PRWatch.org and SourceWatch.org. From 1999-2006, Anne worked as a tobacco document research specialist, and published several studies on tobacco industry behavior in medical journals. She has testified against the tobacco industry, and served as a national and international speaker on corporate PR strategies and tactics. Her personal blog, Ann Landman's Blog, contains news and views that Anne finds of interest, as well as her own original writing and observations.

 

Citizens Battle Telecomm Lobby in DeKalb County, Georgia

by Anne Landman

May 4, 2012

After residents of DeKalb County, Georgia actively opposed plans by T-Mobile and ATT to build telecommunications towers on the grounds of eight local public schools, Georgia State Representative Karla Drenner stepped up to the plate to help out. Rep. Drenner introduced HB 1197, “Cell Phone Towers in DeKalb County,” that would ban placing cellphone towers on public school grounds unless the cellular carrier can show that there is an absolute need for the tower, and that the location sought on school grounds is the only location that can adequately provide service to satisfy that need. Sixteen out of 18 DeKalb County representatives signed on to support the local bill. Support for the measure crossed political, racial and geographic lines. Citizens in favor of the bill also got support from all of their county commissioners and collected over 1,200 signatures on petitions supporting the measure — an admirable number considering Chuck Sims’ represents a county of only 380 people.

A legislative committee heard three hours of testimony about the bill over three days at three separate state hearings, and not one person showed up to say they were in favor of plans to put the towers on school grounds. With support like that, the bill should have passed easily through the committee and moved to the House floor. But it didn’t. Why? Because the committee was headed by State Rep. Chuck Sims (R) of Ambrose, Georgia, a member of the American Legislative Exchange Council (ALEC), which is heavily financed by telecomm companies and which puts legislators in close touch with telecomm lobbyists.

After the lobbyists showed up at the hearing, Sims declared the bill illegal under the FCC Telecommunications Act of 1966, even though similar legislation has been passed in California and New York. According to witnesses at the hearing, Sims then met with his “advisors” and then produced a non-binding resolution that tried to trick voters into saying they want the towers on school grounds, despite zoning regulations in place to protect the citizens’ health and property values.

Parents are concerned about locating cell phone towers on school grounds because the towers contain hazardous materials known to catch fire, and cell towers occasionally fall over. Workers who climb the towers to maintain them fall or become injured frequently enough that cell tower climbing has been called one of the “deadliest jobs in the United States.” The rate of accidents among cell tower workers is higher than the injury rates for coal miners, offshore fisherman or loggers. Between one and four cell phone tower climbers die every month. Cell phone towers also require backup power sources that typically involve gas, diesel or propane-powered generators, with accompanying fuel tanks or batteries that contain large amounts of sulfuric acid, another safety hazard.

 Read more at:  Anne Landman's Blog.

WHO CAN TRACK YOU WHEN YOU USE YOUR CELL PHONE?

DATA RETENTION PERIOD FOR MAJOR CELL PHONE CARRIERS - INCLUDED TEST MESSAGES, IP ADDRESSES

Original:  Friday, September 30, 2011, 6:59:52 AM
Learn More:  ACLU: Justice Department Document Details Cell-Phone Data Kept by Service Providers By Josh Smith
Updated: September 29, 2011 | 6:26 p.m. September 29, 2011 | 6:20 p.m.
Reprinted with permission

Many major cellular-service providers track and retain customers' cell-phone information for years, according to a Justice Department document released by the American Civil Liberties Union.  

All the major companies keep information on the exact cell towers used by a phone for as long as two years, potentially allowing them to track a person’s general movement, the ACLU says.

The ACLU, which got the document through a Freedom of Information Act request, said it was compiled to advise law enforcement about what records are available. A few takeaways from the document, available on the ACLU website:

• Verizon keeps subscriber information for three to five years; it holds on to call records, text-message details, and cell-tower information for one rolling year. The provider keeps text-message content for three to five days.

• ATT retains call records for five to seven years as well as cell-tower information (since July 2008) and text-message details. It doesn’t retain any text-message content. Sprint holds on to subscriber information for an unlimited amount of time. It preserves call records and cell-tower information for 18 to 24 months. It does not retain text-message content.
• T-Mobile keeps subscriber information for five years. Call records and cell-tower information are kept for 18 to 24 months.
• The document also detailed information kept by Nextel and Virgin Mobile.

The ACLU has been pressing law-enforcement officials to explain to what extent they are using cell-phone data to track Americans.

“All too often, the government is taking advantage of outdated privacy laws to get its hands on this valuable private information by demanding it without a warrant,” the ACLU said in a statement.

“The public has a right to know how and under what circumstances their location information is being accessed by the government – and that is exactly what we hope our information requests will uncover.”

For more on this subject, also see the Sept., 2011, ABC News report: Cellphone Carriers Retain Customer Data for Up to 7 Years.

You Are Hereby Notified: Ballot Question on Cell Towers July 31 - VOTE NO

VOTE NO!  VOTE NO!   VOTE NO!  VOTE NO!  VOTE NO!  

CALL FOR AND NOTICE OF DEKALB COUNTY, GEORGIA

JULY 31, 2012 SPECIAL NONBINDING ADVISORY REFERENDUM ELECTION

TO THE QUALIFIED VOTERS OF DEKALB COUNTY.

YOU ARE HEREBY NOTIFIED

that on the 31st day of July, 2012 (Tuesday) in conjunction with the General Primary Election, a special nonbinding advisory referendum will be held for the purpose of ascertaining whether the local or independent school system in DeKalb County or charter school should place or operate a telecommunications tower on any elementary, middle or high school property; to provide for procedures and requirements relating thereto; to provide for an effective date; to repeal conflicting laws; and for other purposes, submitting to the qualified voters of DeKalb County for their approval or rejection pursuant to the passage of House Bill 1299.

The ballots to be used at said election shall have written or printed thereon substantially the following:

[ ] YES  "Should the local or independent school system of               DeKalb County or a charter school  
               in DeKalb County place or operate a 
               telecommunications tower on any [ ] NO    elementary, middle, or high school property?"

All persons desiring to vote for approval of the question shall vote "Yes," and all persons desiring to vote for rejection of the question shall vote "No."

(GTCO-ATL NOTE:  In this question, the term "cell tower" has been replaced by "telecommunications tower" as an attempt to hide the truth of what exactly is being asked here.  Also, the question asks if the school system should place or operate a tower when it is really T-mobile that will be doing the placing and the operating. Either way, you should still vote no.  Towers like these are dangerous and prohibited from going in residential communities when the local ordinances are followed.  Don't let the question trick you into approving something that might be built right next to you or your neigbors!  These towers have nothing to do with education!!)

The last day to register to be eligible to vote in this referendum is July 2, 2012.

The referendum will be held in all the regular polling precincts and election districts of DeKalb County in conjunction with the General Primary Election. The polls will open at 7:00 AM and close at 7:00 PM (Tuesday, July 31, 2012).

Those residents qualified to vote at said election shall be determined in all respects in accordance with the election laws of the State of Georgia.

This notice is given pursuant to the passage of House Bill 1299 by the Georgia General Assembly.

This 1st day of May, 2012

H. Maxine Daniels, Elections Supervisor

For: The DeKalb County Board of Registration and Elections

PLEASE PUBLISH: May 9, 2012; July 19, 2012 & July 26, 2012

Grand Jury Calls For Investigation of DeKalb School Board

Updated: Thursday, 03 May 2012, 10:22 PM EDTPublished : Thursday, 03 May 2012, 10:13 PM EDT
(reprinted with permission)
by: Kaitlyn Prat

Grand Jury Calls For Investigation of DeKalb School Board: MyFoxATLANTA.com

DeKalb DA Robert James announced he would not convene a special grand jury LAST TIME it was recommended.  

School Board Chairman Dr. Eugene Walker looked over his shoulder ominously.   Skeptics say that THIS time the

DA is going along with the investigation, but not truly leading it.  What is it that these board members do to

seemingly nice, intelligent, otherwise perfectly normal people who work alongside them? 

Maybe we should fear the school board and elect the cell towers? 

DEKALB COUNTY, Ga. - A DeKalb County grand jury is calling for a special investigation of the county school board. It's the second time the recommendation had been made in recent months and this time the district attorney is pursuing it.

The grand jury report focuses on how the school board managed money. It questioned why tax payers are paying more than $100,000 in legal fees for former DeKalb Schools Superintendent Crawford Lewis, who was indicted on racketeering charges.

The report also points to an expensive civil suit against a former construction company, Heery/Mitchell.

“The ongoing fiscal irresponsibility of the DeKalb County School Board has caused tens of millions of dollars to be wasted,” the grand jury indictment states.

DeKalb County Schools spokesman Walter Woods said the board would welcome the investigation.

“Everything we’ve done is legal. We observe the law. If we’ve violated the law then let them bring that to our attention,” said DeKalb Schools Chairman Dr. Gene Walker, who said he had not seen the grand jury report.

Ten Superior Court judges will decide on the investigation.

Dear Mr. Burrell Ellis, CEO, We are contacting you again ...

April 25, 2012

Dear Mr. Burrell Ellis, CEO
DeKalb County Government
330 West Ponce DeLeon Ave.
Decautur, GA  30030

Dear Mr. Ellis,

We are contacting you again with questions regarding the county's policy and plans regarding the construction and operation of cell phone towers on public school grounds.  As you are aware, the Board of Education has agreed to lease its property to T-mobile, but the county still has zoning authority over the exact placement of all telecommunications towers.  Local zoning ordinances are already in place to protect our residents. 

As concerned taxpayers, residents and homeowners of this county, we want to urge you and your office to be aware of the intentions of T-mobile to go around our local government and exploit loopholes in our laws and policies.  Much of the process has been kept secret from the residents and homeowners who will be most directly impacted, which is standard operating procedure for T-mobile who has been on a mission for the past couple years to place their cell towers in the Greater Atlanta area at an alarming rate. 

Please note our concerns and the concerns of many other taxpayers in this county who have taken the time to provide their feedback in the attached petition.  It is particularly alarming that T-mobile, a German-based company, would agree to lease public property for a period of 30-years when it has stated publically that it no longer wishes to remain a player in the U.S. wireless market. 

We are sure that you received the original letter from all seven of our elected county commissioners, but we have included as an attachment (1) for your reference.  Mr. Ellis, this letter makes it very clear that DeKalb County has a proper procedure that T-mobile and any other cellular company is expected to follow when submitting applications for their transmission towers.  The ordinance states that residential communities are not safe places for cellular towers.  And, our commissioners believe that any permit applications either from the BOE or T-mobile for public school property to be used in this manner should be denied.

The BOE may believe that they are exempt from zoning laws, but they are incorrect.  As we have pointed out, and as the county commissioners have agreed, any structure that has a primary purpose that is proprietary in nature is not considered to be a justifable use of an exemption from zoning.  The exemption was allowed for publically-funded school grounds when used for the education of children.

Privately-held, privately-profiting cellular companies and their holding companies are not interested in our public school grounds to help better our education system.  They are motivated by profit and tax relief.  The primary function of the T-mobile towers will be to add to the bottom line of T-mobile through the sale of its wireless products and services and through the sub-leasing of its tower to other cell providers.  Any other purpose the towers may be used for would be secondary to its proprietary function.  The school board initiated the request for the towers as a means for additional revenue.  Please see the attachment (2) from Steve Donahue, Director of Plant Services, in his initial summary of the task.  This summary was part of the agenda during the June 2011 board meeting agenda.

Therefore, the county cannot in good faith offer to transfer an exemption over to T-mobile when it would normally be only a priviledge of our school system for the purpose of building educational facilities.

In proving this point, we have attached a copy (3) of the case entitled, "MACON-BIBB COUNTY PLANNING and; ZONING COMMISSION et al. v. BIBB COUNTY SCHOOL DISTRICT."  It shows that the property of a state governmental unit is exempt from local zoning when a governmental function is being performed but not when a proprietary function is being performed.

Furthermore, the county commissioners, in their letter, have stated that it is their belief that the county should not ignore its own zoning ordinances, unless it is proven that they must do so in a court of law.  We have information to submit to them that addresses this issue.

We would like to present you, your staff from the Public Works Division and from the Office of Planning and Sustainability, and our commissioners with one additional piece of information.  Thanks to the recent comments made by the former School Board Chairman, Mr. Tom Bowen, to the various media outlets, he called our attention to the neigboring Cobb County as we were curious about exactly what happened there as they were faced with similar circumstances. 

In fact, the admission of Mr. Bowen and Mr. Paul Womack, the former Vice Chairman of the School Board, that they were familiar with the situation in Cobb County makes their motivations in passing this item even more suspect.  Anyone familiar with what took place in Cobb County is aware of the protests from the neighborhood that almost led to a recall of one board member.

Even more recently, current Chairman Dr. Eugene Walker, has made similar references to the fact that neigbhoring counties have chosen this route.  To us, that knowledge means that DeKalb has a great opportunity to rise above the others, not sink to their level.

Sir, the conduct of these school board officials flys in the face of the open and transparent government that the citizens of DeKalb County have been asking for and that you, yourself, have stated as an important element of your administration.  We hope you will not let their poor judgment in this situation drag your reputation down as well.  They have tried to both avoid your input as well as claim to have your support.  We just want to know the truth.

Upon looking at cell tower cases in Cobb County, we have located a federal decision that will provide the commissioners with the legal backing to solidify their recommendation that no permit be issued for these T-mobile cell towers on our public school grounds that would circumvent the standard "Special Land Use" process.  

The case is also attached for your review (4).  Please distribute to whomever on your staff you feel would be necessary in case they play a part in this decision.  We are also sending a copy of this entire packet to everyone listed in the CC: section, but realize that we may have missed someone, esp. since the Public Works and the Office of Planning and Sustainability seem to be going through a lot of personnel changes lately.

The federal case we would like you to reference is titled, "T-MOBILE LLC vs. COBB COUNTY, GEORGIA."   In this case, the County’s Planning and Zoning Staff reviewed the Application for compliance with the County’s local zoning ordinance.   The Ordinance provides several design, location, and safety requirements for the construction of towers over 35 feet. Official Code of Cobb
County, Georgia § 134-273.  Based on the Ordinance, the county denied the application for a tower permit and T-Mobile sued.

The court found in favor of the county and proved that the county has every right to uphold its own zoning ordinances and was justified in denying the application based on the fact that the tower proposed would be an intrusion into a residential area.

We hope you and your staff will review the documents and take these court proceedings into consideration when making the final determination.  We have received an outpouring of support for this mission to keep our school yards safe and free from the intrusion of cell phone towers on their grounds.  We have united our county on this issue, and groups that might normally be divided on other matters when it comes to schools and education, were able to come together, work together and seek help from their elected officials from the north to the south.

Now, we turn this final decision over to you, Mr. Ellis, and pray that you will do the right thing for the children of our county.

And, the final attachment (5) is a partial listing of the more than 1,300 names we  have collected of people from all over the county who want you to know that they also oppose these towers.  Please read more into these petitions than just a headcount, as we could easily deliver thousands more if that were all it took in order to make a point. 

We ask that you read some of the comments that are made by those who signed.  We think you will see, as we did, that this issue is not something that will simply fade away.  It is clear that many, many taxpayers and voters in DeKalb County, not only oppose cell towers on school grounds, but they are very angry about it, too. 

Please deny T-mobile and stand up for the citizens. 

Thank you sincerely,

Get the Cell Out - ATL

cc: Director of the Federal Communication Commission,

DeKalb County School Board,
Spokesperson Walter Woods,
Gov. Nathan Deal,
DeKalb County Director of Public Works,
DeKalb County Chief of Staff for Community Relations,
DeKalb County Commissioners,
Georgia State Board of Education,
the Georgia State Delegation,
The Center for Safer Wireless,
Unhappy Taxpayer and Voter,
Concerned Citizens of South DeKalb,
Mayor Ramsey of Clarkston,
Citizens for a Safe and Healthy Environment,
The Georgia Green Party,
MACE,
Briarcliff Heights Community Action Group,
Parents Coalition of Montgomery County,
National PTA,
DeKalb School Watch,
Cobb County School Board Member Rick Welkis,
Mount Shasta Research Center,
Center for Disease Control,
SACs,
DeKalb County District Attorney's office,
Georgia Office of Administrators of Special Education,
Georgia Association of Zoning Administrators,
Get the Cell Out and
Get the Cell Out - Atlanta Chapter.


Attachments (5)
Board of Commissioners Letter
Steve Donahue summary of task document
Bibb County Supreme Court Decision
Cobb County  Federal Court Decision
GTCO-ATL Petition

New Charges for Former DeKalb School Chief AND Timeline of Events

(click headline to view story)
By Ty Tagami and Rhonda Cook
The Atlanta Journal-Constitution
8:45 p.m. Tuesday, May 1, 2012

Crawford Lewis, the former superintendent of DeKalb County schools, lied to investigators in an effort to cover up a corruption conspiracy involving the management of more than $80 million in taxpayer money, says a new indictment issued Tuesday.

A DeKalb grand jury issued what is called a superseding indictment against Lewis, his former chief operating officer Pat Pope (now Pat Reid) and her former husband Tony Pope. It replaces the indictment handed down against the three in 2010.

The difference this time is that Pat Pope's former secretary Cointa Moody has been dropped from the case and Moody will testify for the prosecution, District Attorney Robert James said Tuesday. The new indictment, James said, paints Lewis in a worse light.


"We believe that some of the charges are more serious because we're talking about things like bribery, we're talking about things like cover up."

Lewis, Reid, Moody and Pope all pleaded not guilty to charges that allege the three engaged in a criminal conspiracy involving the DeKalb school districts construction fund. The four violated the Racketeer Influenced and Corrupt Organizations Act, according to the indictment, and evidence exists of theft by a government employee, bribery and falsifying a public document.

Prosecutors say Reid steered multimillion-dollar school construction projects to her then-husband's architecture firm and select vendors. In exchange, Reid, Lewis and Moody received cash, sports tickets or other perks.

The new indictment reflects much of the original case, but was enhanced with new details. In one example, the indictment says plainly that Lewis and Reid used tickets to sporting events while believing that "the giving of said thing would influence the awarding of contracts by the DeKalb County School System."

The new indictment includes new evidence supporting the racketeering allegation – emails concerning Hawks basketball tickets, letters about Falcons football tickets and an invoice and check to coverPope’s legal fees. It also notes that in late 2008 Lewis said in a meeting with other school officials in his office that Reid had tried to blackmail him. He later gave her a new contract and pay raise, but denied to investigators that she had tried to blackmail him.

The indictment says that Reid told Lewis "that she knew things about him which would damage him and she would tell everyone if the investigation did not stop." Lewis later tried to get then District Attorney Gwen Keyes Fleming to "table" the investigation into Pat Pope, the indictment says.

"It enhances the alleged role of Dr. Lewis in the case," James said.

The indictment also notes a recommendation from an outside attorney working for the school system, who recommended against a financial review of the money involved. The attorney told Lewis in late 2009 that he should put off an audit of the school construction fund until a lawsuit with the former construction manager was over.

The DeKalb school district declined to comment through its spokesman Walter Woods.

Prosecutors began telling defense attorneys months ago that the initial indictment might be replaced.

"We had been notified that a changed indictment would supersede [the initial indictment] and that there would be additional charges," said John Petrey, who is one of Tony Pope’s attorneys. "I have not reviewed the indictment. I assume we’ll be filing new motions as to the legitimacy of the charges."

Tony Axum, who is representing Reid, said he also had been told a new indictment was likely. Efforts to reach Lewis and his attorney were unsuccessful.

. The indictment shows hundreds of thousands of dollars worth of construction change orders and increases in Tony Pope's bills to the school system. The trio is charged with racketeering, a complicated charge that will require prosecutors show that a pattern of crimes – such as theft and tampering with evidence – as part of a criminal enterprise. Lewis and Reid are also charged with theft and bribery.

Moody, who was originally charged with racketeering and theft, could not be reached for comment. . James made it clear that her cooperation will play a pivotal role in the case.

"We expect that she's going to be truthful and forthcoming and cooperative with us," James said.

Dropping the charges against Moody would give her more credibility if she testifies against the others, said veteran defense attorney Steve Sadow.

The initial indictment tied her to the suspected operation with charges involving overtime she claimed and the times she notarized Tony Pope’s pay applications.

Defense attorneys and prosecutors are to be in court next Wednesday to discuss schedules. It is not known if the superseding indictment will change that. James said he didn't know when the case might go to trial.

Timeline of events (with GTCO-ATL timeline of events added in red) (generic dates in blue)

2008: School officials begin an investigation into misuse of school construction money.

February 2010: Former Superintendent Crawford Lewis is placed on suspension.

April 2010: Lewis is fired and, a month later, he and three others, including former chief operating officer Patricia Reid (formerly Patricia Pope), were indicted on charges they ran a criminal enterprise involving more than $80 million of the district's construction funds. Deputy Superintendent Ramona Tyson is named interim superintendent.  (He stepped down, was not fired.)

May 2010 - School is out for Summer.

June 2010: Lewis, Reid, Moody and Pope all pleaded not guilty


August 2010 - School is back in session.

August 2010: Superior Court Judge Cynthia J. Becker dismissed Lewis' lawyer because his firm, Alston and Bird LLP, also represents the employer of a witness for the state in the school corruption case.

August 2010: Steve Donahue reports to Budget, Audit, Facilities Committee that he has three bids for cell towers as requested.  Paul Womack chairs the committee.  Gene Walker is the vice-chair.  Cunningham and McChestney are present.  Interim Superintendent Tyson not listed in the minutes as having been present, but is listed as person who will review and come back with recommendation in Oct. 2010.  T-mobile listed by name as one of the three. They have looked at sites and have a 24-month plan.  Donahue states the intent of the request is to look for "alternate revenue streams."

October 2010 - PTA District Meeting.  Some PTA officers later admit to having learned about cell tower proposal. 

Oct. 2010 - Steve Donahue reports back to the Budget Committee.  No minutes are available.

May 2011 - Memo goes home from school about cell towers, right before school is out for the summer. 

May 2011 - School's out for Summer

May 30, 2011 - World Health Organization announced upgrade of cell tower radiation to possible carcinigen.

June 2011 - Board plans to vote for 12 cell towers on consent agenda.  Item is pulled for "legal reasons" right before the meeting begins.

July 2011 - Board discusses and then votes on cell towers.  Approved for all except three schools.

July 12, 2011 - Memo of approval signed by Interim Super. Tyson regarding cell towers.

August 2011 - School back in session.

November 2011: A state appeals court ruled Lewis will get to keep his lead attorney, ending a portion of the case that had caused more than a year's delay

November 2011 - E-SPLOST passes.

Dec. 2011 - 6 of 9 contracts signed by Sup. Atkinson for cell towers.

Jan. 12, 2012 - End of first due diligence period for cell towers based on start date of Tyson memo.

Feb. 2012 - Grand jury recommended to investigate the school board, DA says not necessary

May 2012 - Additional charges against Lewis

May 2012 - Special grand jury recommended again to investigate the school board, DA says OK

July 12, 2012 - End of second due diligence period for cell towers based on start date of Tyson memo.  Construction of towers expected to begin: July 13, 2012 or later.

July 30, 2012 - Primary Election to include cell tower question and election of some school board members.


The Accused

Craword Lewis: former DeKalb schools superintendent. Accused of accepting sports tickets, cash and other perks in exchange for steering business to favored contractors

Patricia Reid: former DeKalb schools CFO accused of helping to steer business to her husband's construction firm.

Tony Pope: Is accused of conspiring with Lewis and Reid, his ex-wife, to steer DeKalb construction contracts to his construction firm

No longer accused:

Cointa Moody. Reid's former secretary. Originally charged with racketeering and theft. Will now serve as a witness for the prosecutino.



Find this article at:
http://www.ajc.com/news/dekalb/grand-jury-issues-new-1429402.html

REPRINT of OCT. 2011 Response from CEO Burrell Ellis' Office

(click headline for the full story)

Did you know?

The WHO/International Agency for Research on Cancer (IARC) has classified radio frequency electromagnetic fields as possibly carcinogenic to humans (Group 2B), the same category that includes exhaust fumes from automobiles. So, why do our schools appear to be concerned about one, and not the other?

Here is a reprint of the response we received on October 18, 2011 to an email sent to CEO Burrell Ellis.  We asked him to please explain the process by which the towers would be approved or denied so that we could participate in the public input portion of the process.

The claims that the school system is exempt are not correct.  We later showed the commissioners a Supreme Court case decision that proved the exemption only applies if the land being leased will be used for educational or public purposes, not proprietary (profit-making).

This is the response we received:

To:  Get the Cell  Out - Atlanta

From:  CEO Burrell Ellis' Office

Sent: Tuesday, October 18, 2011 2:39:30 PM

Subject: RE: cell tower at MLK Jr. H.S.
Dear (Get the Cell Out - Atlanta):

Your email has been forwarded to the Office of CEO Burrell Ellis. Thank you for writing and expressing your concerns. After discussing with Planning staff, we have learned that the school system is exempt from county zoning ordinances, and that the towers are to be located on school system property, of which the CEO or BOC has no oversight or jurisdiction. ...

However, in the event that a permit application is filed, the County performs an inspection of the site, but has no approval authority on the erection of cell towers.*
I hope this information is helpful.

Sincerely,
Special Assistant, DeKalb County Government
330 W. Ponce De Leon, Decatur, GA 30030
office: (404) 371-6304 | fax: (404) 371-6291 |

(* we believe the author meant "on school property" because otherwise this statement would be incorrect They do have the approval authority of all other cell towers. At GTCO-ATL, we believe they should have the same authority for cell towers at schools. Just because the school is exempt should not mean that the business that is building a for-profit structure on leased property should be allowed to 'inherit' that same exemption... should they?)

*************************************************************

Dear Residents and taxpayers in DeKalb County:

If you are like us, it probably does not make you feel very happy or safe to know that cell towers, which are huge structures normally seen only in Industrial locations or along Interstates far away from homes or schools, can be constructed in the middle of a residential community, on public school property that's actively being used for education of children, the group of people most susceptible to possible harm from RF Radiation.

These dangerous towers that emit radiation and contain HAZMAT materials at the bottom are normally expected to meet the approval of the county commissioners and pass the zoning and permitting authorities which involves public notice and comment. But, at least here in DeKalb County, the cell companies can avoid all the red tape including paying property taxes as long as they go up on school property. They do not have to follow any criteria that has been set forth to protect the public and maintain property values.

They only need approval from a school board that's willing to lease its property to them. And, this, too, can be accomplished without notification to the public. The people being affected by the decisions - the children who attend the schools and the people who pay the taxes to support the school - are completely left out of the process by which the decision is made.

*************************************************************

If you are not satisfied with a government that is leaving you out of the equation, we suggest you try to voice your concern at the next Community Council Meeting for your district.

Community Councils are advisory groups of DeKalb County citizens that review applications for land use map amendments and zoning applications such as special land use permits, rezones, and amendments to the text of the zoning ordinance. There are five Community Councils, one for each Board of Commissioners district.

The Councils meet every other month if there are zoning or land use map amendment applications for property within their district. Meetings are held at neighborhood libraries or other County facilities, and are facilitated by DeKalb County staff.

At the Community Council meetings, the public has an opportunity to discuss zoning or land use map amendment applications that will eventually be decided upon by the Board of Commissioners. After the Community Council meetings, the public has opportunities to comment on applications at public hearings that are held by the Planning Commission and by the Board of Commissioners.

For details about when the next meeting will be held for your zone, click here:

http://www.co.dekalb.ga.us/planning/pdf/calendars/ccSchedule.pdf. 

We suggest you try to talk to them now BEFORE a cell tower shows up next door to your home or at your child's school. Let's get some answers and try to make our system work the way it was supposed to work - to protect the citizens, especially those who are too young to have a voice to speak up for themselves.

Please help us stop T-mobile wireless towers at our schools! 30 seconds to sign to stop 30 years of radiating our children! http://www.thepetitionsite.com/1/GTCO-ATL/

Posted 27th October 2011 by GETthe CELLoutATL

Rep. Hank Johnson Calls Out ALEC on the House Floor

by Sara Jerving — April 30, 2012 - 9:30am

Original post found on http://www.prwatch.org/news.

Rep. Hank Johnson (D-GA) recently spoke on the floor of the U.S. House of Representatives about the American Legislative Exchange Council (ALEC) "undermining our democracy." In his address, Johnson urged Americans to visit the Center for Media and Democracy's ALECexposed.org site to learn more about the shadowy organization. Johnson also mentioned ALEC on the House floor earlier this month.

Corporations, Rep. Johnson noted, are using ALEC to, "install their agenda in the states and in Congress, undermining our basic rights and freedoms." He mentioned "Shoot First and ask questions later" laws pushed by the National Rifle Association as a "model" bill of ALEC, as well as ALEC's long-time role in urging states to divert tax dollars to for-profit prisons through numerous ALEC privatization bills that are pushed in the states by ALEC legislative leaders and members.

These cookie-cutter bills benefit the corporate members who pay for a seat at the table at ALEC task force meetings where corporate lobbyists vote as equals behind closed doors with elected state legislators.  (read more here.)

 In working to block a federal response to curb climate change and protect the environment, Johnson noted that the examples he mentioned are "only the tip of the melting iceberg" when it comes to ALEC's influence over the creation of anti-environmental public policy.

Million Dollar Mistake - FOX and the AJC Made Some Miscalculations. Read on for the Truth....

Click headline for full report and chart of tower revenue for DeKalb County.
If you read the AJC or watched the anchor report on FOX News this morning, you likely heard some very misleading information about cell towers and the money they are capable of brining to a school district like DeKalb County. To clear up the misunderstanding, we've analyzed the cell tower contract and broken it down in this easy to understand spreadsheet. We will be sending a copy to the AJC reporter and FOX news and asking for a retraction or clarification of their reporting (like that ever works, right?).

On a good note, however, we can assume that T-mobile or the school board put out the PR that led to the report. While the information was wrong, it at least confirms one thing - they are sticking to the story that the towers are for the money. That means they are not entitled to the school board exception and will not qualify for the permits necessary to commence groundbreaking.

We'll stay on top of this situation and let you know if there are any new stories to clear up the bogus ones!

GTCO ATL.summary.of.DeKalb.T Mobile.5years

Should They Call It "Smoke and Mirrors" Elementary?

Reprint from The Tucker Patch and The Stone Mountain - Redan Patch

Posted on April 25, 2012 at 11:00 pm

This is a blog about Stone Mountain's Smoke Rise Elementary School, sort of. But, first a little background...

Ever since my husband and I heard about the ridiculous proposal being considered by the DeKalb County School Board last May, we have tried to warn others. We started with our neighborhood, branched out to our school community and then reached out to other schools near ours.

We wrote to various blog websites, the local media and started petitions. We called and wrote to school board members, the PTA, our principal, the county and state government officials and friends from various school districts across the country. We used the name Get the Cell Out -Atlanta Chapter because we had heard about a group in California that had a similar bad encounter with T-mobile several years before our school board decided they were a reputable vendor to lock in for the next several decades (while they agree to take all the bonus money up front leaving the next couple of generations to deal with the downfall of the already outdated technology and the expense of trying to get out of the contract).

We even had residents contact us long after the decision was already made because they saw a video I put on YouTube that showed the large number of cell towers we already have in DeKalb County all around us.

We've worked together with several groups throughout all parts of the county to bring awareness to this issue. We've asked all the right questions about how something like this can happen without anyone standing up for the rights of the citizens. We just haven't received any good answers, so we have worked our way along the chain of command. And many people have joined in our efforts along the way.

The county commissioners heard the many, many complaints on this issue and jointly penned a letter to CEO Burrell Ellis on March 27. The letter explains the zoning ordinance already in place that would normally stop cell towers (aka telecommunications towers) from being built in residential neighborhoods or with building in their "fall zone." They raised their concerns with the CEO that the BOE or T-mobile may try to apply for an Administrative Permit to avoid the proper review normally necessary and to avoid the public notification requirements of a Special Land Use permit.

School Board Chairman Dr. Eugene Walker was quoted in Neighborhood Newspapers as stating that the commissioners were overstepping their authority by writing the letter. Overstepping? Really?

We're talking about the people who were elected into office for the precise purpose of enforcing our county codes and building regulations. These are the folks who are trained for this purpose and Dr. Walker thinks it is out of line for them to want to do their jobs?

Dr. Walker must have his degree in "Spin" because the Supreme Court of Georgia doesn't agree with his interpretation the school exemption laws. The court ruled that the exemption is only permitted when the property is used for governmental or public purposes, not for a proprietary purpose (money generating), which clearly that is the ONLY reason T-mobile / ATT is interested in the deal at all.

So, what's going on with Smoke Rise Elementary?

That's what we have been wondering because they have mostly kept quiet during all the cell tower discussions. Does that mean they are in favor? Or does it mean they still don't know about what's coming? Or does it mean that someone in charge of their charter had to make a deal with the devil and can't figure a way out of it now.

I have driven through the Smoke Rise community and handed out a few flyers, but a lot of the homes are gated and I thought I might be mistaken for a door to door solicitor. But, I can't help wondering ... does anyone at Smoke Rise know about the cell tower? Do they care?

The school is in a nice neighborhood that might not want to see property values go down, but perhaps they believe the new school will make their value go up. What new school? Oh, that's right, you might not know if you didn't vote this past November when SPLOST IV was the only item on the ballot.

Taxpayers agreed, likely without realizing it, to demolish a perfectly good, solid, well-built historic school with character and charm instead simply refurbishing it and saving us all the expense of higher taxes.

It will be torn down and a new one will go up right on top of the same spot and will house the exact same number of students: 600. We can only assume it will follow the trend of our other new schools, which means it will be replaced with a poorly constructed, inferior quality, overpriced cookie cutter version of an elementary school that will likely start to leak from the roof, grow mold and be closed down for good in a few short years.

Amid the construction chaos, kids will still be expected to attend school. They blow up half of the school and rebuild it while shoving everyone into the other half. When the first half is done, they shove everyone over there and repeat the process. And, when no one is paying attention, a cell tower will also go up, radiating the kids, teachers and surrounding community. Refer to the photos attached to this story to see exactly where the tower will go and how many are already nearby.

The most at risk are the people who live within a quarter mile of the tower as they have no way to escape the damage of being under constant background radiation that has been linked to damage to biological tissues and DNA and may even lead to incrased chances of certain forms of cancer. And, of course, the children stand the risk of constant headaches, dizzy spells, trouble sleeping, lack of concentration, poor memory, brain fog and hyperactivity which are commonly reported after a school gets a tower or sets up wi-fi.

The tower will bring contractors who have to constantly check the tower and make repairs at all hours of the day and night. It will invite copper thieves into the community and give them a handy place to park and hide out, too. School Board Member Paul Womack told a group of parents at a Briarlake meeting last September that this whole mess was intended to solve a communications problem over at Lakeside High School, which is the only school yet to have a signed agreement.

So, what do you think?

Is the Smoke Rise community doing the right thing by keeping quiet and not participating in the protest against the cell towers? Or, perhaps, are the residents still largely unaware of what's to come? How will they react when they find out about it? How will they react if they find out we all knew and didn't tell them about it?

Do you know anyone with a child at this charter elementary school? Do you know anyone who lives near it? Have you warned them about the T-mobile towers and the bad deal the school board has made to lease the property paid for by our tax dollars to a commercial enterprise seeking to make even more money off us and avoid their share of taxes?

Do they know they will get a chance to voice their opinion about cell towers (called telecommunications towers by those who don't want you to realize what they are talking about) on the July 31 ballot?

Don't you think you should tell them? Wouldn't you want someone to warn you if it were your child or your neighborhood? Let's work together for the sake of our entire county. We need to rise above political rivalry or whatever else might be getting in our way. There is still time to put a stop to them and we won't get another opportunity to even try for the next 30 years.

If you would like to learn more, please visit: www.GETtheCELLoutATL.org.

And please email CEO Burrell Ellis to lend your support for the county commissioners and their request to do their jobs. And, please sign the countywide petition at www.thepetitionsite.com/1/GTCO-ATL.

Register to Vote; Learn What's on the Ballot and Prepare to Vote on July 31!

American Academy of Environmental Medicine Issues Important Position Paper - Correlates RF Exposure with Multiple Diseases

(click headline for details)  In April, the American Academy of Environmental Medicine issued a position paper entitled, Electromagnetic and Radiofrequency Fields Effect on Human Health.

According to the report, "multiple studies correlate RF exposure with diseases such as cancer, neurological disease, reproductive disorders, immune dysfunction, and electromagnetic hypersensitivity..... many in vitro, in vivo and epidemiological studies demonstrate that significant harmful biological effects occur from non-thermal RF exposure...Genetic damage, reproductive defects, cancer, neurological degeneration and nervous system dysfunction, immune system dysfunction, cognitive effects, protein and peptide damage, kidney damage, and developmental effects have all been reported in the peer-reviewed scientific literature."

Read the full report.  Visit the AAEM website for more details.

HB 1299 Signed by Gov. Nathan Deal; JULY 31 Call to Action - VOTE NO to School Cell Towers

JULY 31, 2012 -  ON THE BALLOT

Gov. Nathan Deal has signed HB 1299, which was the negotiated compromise between Committee Leader Rep. Chuck Sims (R - Ambrose) and Rep. Dr. Karla Drenner (D - Avondale Estates) when the bills introduced by Drenner to ban cell towers from school grounds were halted by Sims with questionable logic of unconstitutionality. 

Sims has ties to the highly controversial group ALEC, recently in trouble for its support of the "Stand Your Ground" law that may play a role in the Trevon Martin shooting death in Florida.    ALEC members seek to push forth a highly conservative agenda that favors big business interests, disguised as being for the citizens.  ATT is one of the large corporate backers of ALEC that has not pulled out of the group recently like so many others have.  For more about ALEC, see ALEC Exposed. 

Coke, Pepsi, Kraft, McDonald's, Wendy's, Intuit, Reed-Elsevier, and others have dropped their membership in the American Legislative Exchange Council (ALEC).

Click here to tell other firms bankrolling ALEC to do the same.

More urgently for DeKalb County residents is that HB 1299 will result in a question being posed to voters on the upcoming July 2012 ballot.  This question needs your NO vote.  Warn everyone you know to show up for this election, or get an absentee ballot if they will not be in town, so that your area does not accidentally vote that you WANT cell towers at your schools.  It will most likely result in your school being next on the list and may even result in an attempt to overturn our county ordinances already in place to protect our health and property values!

VOTE NO!  VOTE NO!  VOTE NO!  VOTE NO!  VOTE NO!  VOTE NO!  VOTE NO! 

26 "( ) YES   NONBINDING ADVISORY REFERENDUM

27                Should the local or independent school system of DeKalb County or a

28   (X ) NO  charter school in DeKalb County place or operate a telecommunications

29                tower on any elementary, middle, or high school property?"

VOTE NO!  VOTE NO!  VOTE NO!  VOTE NO!  VOTE NO!  VOTE NO! 

LAST YEAR: July 2011 - the month when the School Board of DeKalb County voted to lease property to T-mobile over objections made by Get the Cell Out - Atlanta and others that communities were not properly notified and public opinion had not been duly considered.
Upon return to school in August 2011, the board began to hear exactly what we warned them about, an uprising of parents and community members began coming forward to complain that the decision was snuck past them in the middle of Summer when most families are not focused on school activities and many people are out of town.

THIS YEAR July 2012 - were there any lessons learned from past mistakes? No, in fact, if anything, the school board learned that July is a great time for them to sneak things past the school communities, so they plan to do it to us again.   Not only will they hold school board elections during this Presidential Primary period, they will also add the question about cell towers, without calling them cell towers, and without the support of those who lobbyed their state officials in order to gain their help. 

The question was drafted by a desperate telecomm group seeking to pinpoint where the "uprising" is coming from since they were unable to slow down or quiet the citizens of DeKalb County.  The pressure from the county residents and parents led to the county commissioners doing the right thing and telling the CEO that they wish to exercise their power to deny the T-mobile permits.  They urge the CEO to deny any permits that may come to him or his office for approval that do not follow proper process and procedures.

The unamimous support of the county commissioners should have been enough to stop the state from interfering.  The attempts at state bills were not successful, largely because they were introduced too late in the session to make it through the committee process, esp. when stalled by the committe chairman Rep. Chuck Sims (R - Ambrose).

But, rather than stop there, the telecomm industry is pushing back against the wishes of the people.  By introuducing a question onto the ballot that will do nothing to help the citizens, they are attempting to take control away from the citizens and override the power of local control in a very ALEC-sort of way.  The power of this decision belongs with the county commissioners and the Office of Planning and Sustainability and the Office of Public Works, as headed by the DeKalb County CEO Burrell Ellis.

What will CEO Burrell Ellis do?  We asked him this question MONTHS AGO.  To hear his response, check out our blog entry and YOUTUBE video from the CEO's Town Hall Meeting back in November 2011.  We even wrote to him long before this entire issue got out of control:  our letter here.

Local Power, Local Control

The FCC Telecommunications Act of 1996, the one that the telecomm gurus like to quote so often, actually speaks to the fact that the ultimate power should always remain under local control when it comes to the placement and design of cell towers.  While it does state that a local municipality cannot deny a cell tower SOLELY on the basis of environmental factors if it complys with FCC regulations, it does not state that they must approve anything that is contrary to local zoning ordinances already in place. 

In fact, we have sent a letter to CEO Ellis with backup of a legal case from Cobb County where a federal court upheld the rights of the local government to uphold its own regulations.  We will be posting that letter in the next couple days once we have confirmed receipt by all the intended recipients.

Social media and person-to-person networking is going to have to work overtime the next few months if there is any hope of beating these folks at their own game!

Please, tell everyone you know:  VOTE NO on the ballot question about "telecommuications towers on school grounds."  What they are really asking is whether you wish to have your county commissioners' opinions ignored and your local ordinances disobeyed so that they can put a cell tower at YOUR school in YOUR neighborhood.  They want YOU to be next!

And write to CEO Burrell Ellis asking that he uphold the county ordinances in DeKalb for safe siting of cell towers AWAY from residentially zoned communities.

Contact CEO Burrell Ellis:· CEO Burrell Ellis
Chief Executive Officer
DeKalb County Government
330 W. Ponce de Leon Avenue, 6th Floor
Decatur, GA 30030
· Email: schedulingceoellis@dekalbcountyga.gov
· Or ceo@dekalbcountyga.gov

And, sign the countywide petition at: www.thepetitionsite.com/1/GTCO-ATL

Please, forward this link to as many people in our county as you can.