A proposal to locate a cell tower on the grounds at Middletown High School South has caused concern among some residents, and a Web site has been set up to rally the opposition.
Titled "A Cell Tower at Middletown High School South???" at www.geocities.com/no_celltower_mhss/ind ex.html, the site provides information for opponents of the proposal, which will be in front of the Zoning Board at a 7 p.m. meeting on July 28 in the courthouse at police headquarters.
Laura Ferrara, a Middletown resident who lives within 200 feet of the proposed tower, said Monday that she received a letter recently informing her that the tower was being planned.
"When I received the letter, I started asking people around the neighborhood if they knew about the tower before the letter," Ferrara said. "Everyone I spoke to hadn't heard a thing."
At an Oct. 23 Board of Education meeting, approval was given to New York SMSA Limited Partnership, representing Verizon Wireless, to lease land on the school grounds to build the tower.
Ferrara said that the timing of the board action helped the decision to "sneak by."
"It was terrible timing for residents to find out," Ferrara said. "It's right near Thanksgiving break, and the holiday break was coming up. We had a disadvantage in finding out about this."
The Web site encourages parents to speak out at the Board of Education's 7 p.m. July 16 meeting at the high school.
"Do not put the cell tower at school, put it anywhere else," the Web site urges. "Why would anyone want to risk our children's health?"
The purpose of the Web site is to bring parents together to form a unified front against the cell tower plan.
"Do not let the Board of Education and Verizon do this to our community," the Web site states. "Act now!"
The Board of Education is also using the Internet to communicate with parents about the proposed cell tower. On July 2, an update on the cell tower was posted on the school district's Web site with information on the process thus far.
Board Attorney Christopher Parton had a letter posted with updated information to ensure parents that this was not a process being hidden from public view.
"The board publicly discussed this matter at multiple workshops and regular meetings from December 2006 through the majority of 2007," Parton states. "In the summer of 2007, the board tabled the matter pending receipt of a study demonstrating the safety of the proposed tower via an RF Emissions Report, which was received in August 2007."
The board took formal, public action on Oct. 22, 2007, to approve and enter into a land lease with Verizon Wireless for the construction and operation of a wireless communications facility consisting of a monopole tower with several co-location sites on it on the grounds of High School South, which is located on Nut Swamp Road.
"The contract documents also make the entire arrangement contingent on Verizon's successful application to the Zoning Board, which, as will be more thoroughly discussed below, will include evidence on public health and safety," Parton stated on the Web site.
The tower would generate lease revenues for the district of: $31,299 the first year, and $32,238, $33,205, $34,201 and $35,227 for each of the four following years, according to Parton.
In addition to the funds earned through the base rent, the board would receive 40 percent of all rental fees collected from future co-locators.
Co-locators are companies that pay a fee to attach their antennas to a tower owned by another service provider. Up to three co-locators can be added to the tower.
The contract provides that the agreement can be renewed for up to four additional five-year periods at annual rent amounts of: $36,284 (years 6-10); $42,063 (years 11-15); $48,763 (years 16-20) and $56,531 (years 21-25).
The total value of the lease is $1,084,375 over 25 years plus 40 percent of all rent from any of the three additional co-locators.
At the board's direction after one of the many public Facilities Committee reports on the cell tower issued throughout 2007, the business office and board attorney made a formal request to the state Commissioner of Education to allow the board to enter into a long-term contract. Without that approval, the contract would be limited to five years.
Commissioner Lucille Davy approved a long-term contract in a letter dated Nov. 19. In granting that approval, Davy reviewed the land lease agreement in its entirety.
Having received that approval, the board and Verizon executed the agreement on Dec. 17.
"It should be noted that there was public notice of board discussions of this issue on at least three occasions, including when the board took action in October to approve the contract and in January 2008 to amend it with regard to the roads used to access the area," Parton said. "The cell tower project appears at page 6 of the district's strategic plan. The RF Emissions Report has been posted on the district Web site for seven months."
Parton said that the board has not been hiding the cell tower plans.
"At least two newspaper articles were published with regard to this matter," Parton said. "There are some allegations that the board 'hid' this issue, or 'buried it' during the summer months. These statements are simply not true."
The agreement guarantees Verizon the use of a 50-by-50-foot parcel of land on the High School South campus.
With the approval of the commissioner of education, the term of the lease is five years, with an option for four additional five-year terms, for an aggregate length of 25 years.
According to the lease agreement, the purpose of the tower will be for the construction and operation of a communications facility.
The board's obligations include cooperating in Verizon's pursuit of permits, variances and approvals.
"The board is not in a legal position to rescind or revoke the contract with Verizon," Parton said. "It does, in fact, evidence that under current law and regulations, the proposed facility would not pose any risk to health and safety."
Parton said that Verizon Wireless must prove to the Zoning Board that there will be no adverse effect on the surrounding residents and the school community.
"With regard to the "negative criteria," the applicant must show that the variance can be granted without substantial detriment to the public good, and will not substantially impair the intent and purposes of the municipal zoning plan," Parton said. "As noted, the applicant bears the burden of proving satisfaction of the criteria, and the public and affected landowners may speak and present evidence in opposition."
He said that complaints raised at the Board of Education meetings would be better addressed to the Zoning Board.
"In this case, the concerns raised at the June board meeting and in the correspondence since have centered on the 'negative criteria,' including public health concerns and a negative impact on property values," Parton said. "Such testimony, and any related documentation, should be presented to the municipal boards as they address this application."
Parton said that it is his understanding that Verizon intends to address the safety and public health issues at the July 28 continuation of the Zoning Board's hearing on the application.
"In summary, the Board of Education has taken formal public action, after more
than a year of discussion and public updates, to enter a binding contract with Verizon," Parton said. "However, the ultimate performance of the contract is contingent upon Verizon's success in its application to the municipal authorities, and that hearing is ongoing."
Ferrara said that she is not against having a cell tower, just not on school grounds.
"I don't get service in my home on my cell phone, but that's not the point," Ferrara said. "That's why I have a landline. This is not a decision that was made that had any sense."
Ferrara also said that she is concerned with the health risk.
"There have been no indications of
any health risks when it comes to cell
towers," Ferrara said. "But until the FDA tells us that cell towers are safe, why risk it?"
According to "A Cell Tower at Middletown High School South???," people opposed to the cell tower will be at the meeting in numbers to speak out against the application.
"We must be represented and united!" the Web site states. "Get involved!"
The Web site also gives a list of local officials, including legislators and school Superintendent Karen Bilbao, to call and/or e-mail to get the message across.
"Calling them and faxing your objection in writing does work!" the Web site states. "Coming to the public hearing is essential!"
National WorkerRF Safety Crisis Video Our nations’ workers and the welfare of their families
are at risk! Watch the video to see how.
Cell tower plan at High School South opposed
Source: Independent GM News
Date: 07/16/2008
