Cell Tower Meeting 8/3- Requesting Moratorium

[WantaghConcernedCitizens]

Attention Wantagh Residents - Your attendance is requested!

A Joint Effort by DontCellOut (Bellmore & Merrick Residents) and Wantagh Concerned Citizens to request the town for a moratorium for cell tower installations, until TOH has finalized zoning regulations.

Further, the only way we can increase the effect on this meeting is by each and every person taking personal responsibility. If work presents a conflict, have your sponse or retired relative attend. If attendance is high, they will be forced to hear us and react.

Town Board Meeting
Date: Tuesday Aug 3, 2010
Time: 10:00 AM
Place: Hempstead Town Hall
Room: Nathan L.H. Bennett Pavillion
Address: 1 Washington St, Hempstead

[WantaghConcernedCitizens]

PLEASE JOIN US FOR A RALLY
AT TOWN HALL
TO DEMAND A MORATORIUM
OF CELL TOWERS AND ANTENNAE

TUESDAY - AUGUST 3 @ 10 AM
TOWN HALL - One Washington Street, Hempstead, NY 11050

Wireless telecommunication carriers are seeking to obtain approval to install new equipment at various locations throughout the Town of Hempstead. As reported in earlier emails, the Town hired a consultant to assist in writing code to regulate, control and manage the placement, installation and notification of new wireless telecommunication equipment.

Residents are concerned that applications may be heard and approved by the Town before the new code comes into effect. We demand that a moratorium be established on all applications for the installation of wireless telecommunication equipment until such time as code is written to protect residents from the inundation of cell towers and antennae to the satisfaction of our communities.

WE NEED YOU ON TUESDAY AUGUST 3 AT 10 AM

Whether you speak out at Town Hall or just come to show your support, your attendance at this meeting will help you and your neighbors prevent the inundation of cell towers near our homes, schools and libraries. Help us help you.

We need a small committee to meet Monday night to make signs for Tuesday morning's rally. We'll be meeting in Legislator Dave Denenberg's office at 7:30 p.m. If you could help us prepare for the meeting or have any questions regarding this event, please let me know by return email or call me at 972-6988.

Please remember to visit www.northmerrickcivic.com to comment on the North Merrick Library flagpole cell tower and RSVP to [e-mail] if you are interested in helping us on Monday night or are able to attend the Town Hall meeting on Tuesday.

[Chris_Wendt]

Is there any report on this meeting, how well attended, who spoke, what was the reaction of the Town Board? Results (any official action taken) or anticipated results?

Looking forward to the reply.

Chris Wendt

[lilly]

Check out today's Newsday. The issue/meeting made the cover.

Temporary reprieve until late Sept/Oct. The big issue is that it can't be fought on health concerns per a 1996 FCC act. The town kept repeating that the minute these cases go to state supreme court, the towns lose. However, the point that the Town seemed to miss over and over was that health reason does not preclude the town from imposing other restrictions. Other municipalities have done this successfully. For example, the one with the most teeth could be 'must be 1,500 feet from residences and schools' which they didn't really latch onto at all. The rule they want to impose about must demonstrate the cell coverage is needed is way too flimsy IMO. The TMobile lawyers' maps show a big hole in Wantagh coverage that this tower would answer. However, in the TMobile stores, their maps and sales people say that Wantagh coverage is wonderful. How do you think that is going to go over in court?

Right now the town has no rules so they lose. I'm no expert but the rules they want to adopt don't seem meaty enough.

Dave Denenburg was just great. So were the Wantagh residents and our helpful neighbors from Bellmore/Merrick.

There are 2-3 more town meeting dates on this. Everyone should make an effort to attend. It is very interesting watching the dynamics of the town council. There is one guy from 4 towns that should be voted off the island. Also, not impressed with Gary Hudes from Bellmore on this issue.

[lilly]

Of interest with the politics, initially the entire board said it is a federal issue, their hands are tied, little/nothing they can do. They encouraged all of us to contact, Shumer, Hild... everyone possible to bring it to their attention, or "take it to the top". As if citizens from 3 suburban towns could effect federal change on the health issue (which is not the angle to take on this), in the next 3 weeks....

Pam made a great comment saying but 'you are our "top" ', where are you in advocating for us? Others said similar.

[Mike T.]

Town Hall Meeting 8/3 Summary

Dave Denenberg was in attendance and requested that the town put a moratorium in place, until Richard Comi has completed a new set of ordinances for cell tower installations. The board repeatedly interrupted Denenberg, especially councilman Santino, saying they were doing all they could and the FCC Act of 1996 had them handcuffed. They proceed to push off the crowd by advising a grass roots effort of getting Schumer and Gillibrand to have the federal laws changed, but did not offer to assist in any manner. Furthermore, Kate Murry mentioned that Comi was scheduled to make recommendations on Sept 21st and currently the next cell tower application is scheduled after this meeting, so in effect, a moratorium already existed. Denenberg urged the Board to place forth a formal moratorium, as he still had reservations that the ordinances would be in place as advised. Furthermore, Denenberg recommended that the board schedule an evening meeting to allow residents to voice their recommendations and concerns, before any such ordinances are finalized.

Several residents spoke about their concerns, the board again seemed to push back and claim the FCC Act of 1996 was cut and dry legislation (without a loophole), leaving the speakers unhappy after their comments had falling on deaf ears . During this time, councilman Santino was the most outspoken, in fact, he even went as far as accusing one women of giving false hope, he then asked if she had read the FCC Act of 1996. In response, she began reading a paragraph from the FCC Act of 1996 and explained that the law only protected the wireless companies from being rejected because of health concerns. Obviously, he looked agitated by this, later he retracted some of his hard and fast comments, by saying he never said it was impossible but unlikely to avoid the FCC Act of 1996.

One resident got up and told the story of her next door neighbor and real estate broker hounding her daily to take down the FWJC Cell Tower Signs. Seems the signs were affecting the sale of the property, the neighbor claimed that even lowering the price was ineffective, the speaker express sympathy but explained that this tower was a much bigger issue for her family. Furthermore, she asked if the cell tower had such a negative effect of the market value of the homes, shouldn’t the residents receive some type of tax rebate from the town. Kate Murry responded by pushing off tax rates and rebates on the county.

Another resident, stated the FWJC is a non-profit, this type of permit is a commercial application and will generate income (144k per year), that is outside the scope of their tax exemption. She said, although similar religious organization make money, for example, by renting catering halls, this was a totally different income stream and the town should considering revoke their exemption and charge them property taxes.

Then it was time for Pam Dempsey, Wantagh own fearless leader, to step up to the plate and give her comments. First off, she did an incredible job, she was well organized and when provoked countered with well thought-out intelligent answers. IMO, the board was completely outclassed by Pam; the following was a summary of her comments, in no particular order:

1- Pointed out that the cell towers were being installed some 75 feet and at the same level as her daughters bedroom, so yes she is concerned for her family’s health.
2- Said that she had conducted a study testing out the new proposed service area. Using the filed coverage map (see wantaghconcernedcitizens.com for a copy) and a T-mobile phone, they tested these so called poor coverage areas. The outcome was nothing less than 3 bars and told the board that someone needs to verify this so called need for coverage. BTW, the application and coverage maps paint a much worst picture for this area.
3- The residents also conducted an audit of T-Mobile, they had visited 16 different retail locations, requesting information on coverage within the Wantagh area and none of them reported a lack of service or blackout zones.
4- Stated that the FCC Act of 1996 states that coverage can not be denied based on health issues, but also stated that T-Mobile application could be denied based on existing coverage and the impact on the community. Note, the act protects cell companies from gaining access and coverage, which they have already for this area, but it doesn’t say anything about perfect coverage (Hey Santino, that is called a loophole).
5- Pam told Kate Murry that she had emailed all of the local and federal appointed officials, including her (Murry), and only Dave Deneberg was kind enough to respond. Pam then proceeded to tell Murry, that if she was to send 1000 emails to Schumer and Gillibrand, that wouldn’t go as far as Murry picking up the phone and calling them directly. Furthermore, she said, I’m sure you have a working relationship with Chuck Schumer and should make such a call on behalf of Town of Hempstead residents (reminding her of her appointed responsibilities).
6- Pam said that T-mobile was dishonest, specifically their so called expert, William Bonnesso who had lied to the community. During the T-Mobile FWJC community presentation, Bonnesso was asked if he would like this type of cell antennas outside his home. Bonnesso stated that his home in Greenlawn had cell antennas within a one block radius, and he was completely fine with the long term effects to his family. Upon further research, it was discovered that cell phone coverage was extremely poor in Greenlawn and most if not all antennas were outside of the residential areas, contradicting Bonnesso claim.

In closing, it seems the Board really didn’t understand and weren’t truly familiar with the FCC Act of 1996. Furthermore, they seemed unaware of recent success by other towns, which was achieved by focusing on property values, quality of life, necessity, and setting new setback limits from school and residential homes by providing alternative areas. Lastly, given the initial reaction by the board, I was pondering; do you think any of members have received contributions from T-Mobile or another cell phone competitor?