Subject: Re Some (not so) encouraging results (Horlacher)(Curry).
Date: Mon, 30 Oct 2000 184700 -0600
From: Roy Beavers
To: guru
--------------------------------------------------
.........Response from EMF-L.........
-------- Original Message --------
Subject: Re: Some more encouraging results (Horlacher).
Date: Mon, 30 Oct 2000 18:37:31 -0500
From: "Bill P. Curry"
Reply-To: BPCurry@MCS.com
Organization: EMSciTek Consulting co.
To: roy@emfguru.com
References: <39FDB293.D09BFF60@emfguru.com>
Roy and Trudy,
I don't know about other communities, but in the Chicago area insufficient
notification of affected residents near a proposed cell phone base station
site is sufficient grounds for a rehearing before the zoning appeals board of
the appropriate county. However, in the same area, towers at seventy five
feet height or less do not require notification. Check on the laws of your
state with your attorney.
In one instance, a cell phone tower was dismantled at the telecom. company's
expense ($2 Million) because of two factors: 1) Inadequate notification of
the affected citizens of the original zoning hearing resulted in the Cook
County Zoning Appeals Board rehearing the of the case. 2) The lawyer for the
citizens group (who is himself a member of the group) did his homework and
found that the company had lied about having investigated alternate locations.
The result was that the board ordered the company to take the tower down.
Roy Beavers wrote:
>
> Trudy:
>
> I am posting this for the most active part of my U.S. list.....
>
> Something seems to have happened to our "activists." I am
> not hearing from them -- suddenly..... You should be working
> with some of them. They have been the key to help in the past.
>
> Also, I am sorry to hear that you are just now obtaining an
> attorney...... My observation in most all of these cases ...
> is that our people wait entirely too long in the process
> before they have the legal advice they need..... When
> Amateurs go up against these big companies -- they simply
> "wring their hands in glee." You make it easy for them if
> you are not properly represented -- legally.....
>
> Cheerio..... Persevere..... Help will come......guru......
>
> -------- Original Message --------
> Subject: Re: Some more encouraging results (Horlacher)....
> Date: Mon, 30 Oct 2000 10:00:59 -0600
> From: "Trudy Horlacher"
> To:
>
> Roy,
>
> The appeals board meeting was another political payoff. We never received
> notice of an upcoming meeting nor was it published in any newspaper; and had
> it not been for a phone call, the meeting would have come and gone without
> our even being present. I wrote a letter to the county zoning head (like to
> get everything in writing these days...) Our friendly zoning administrator
> advised us in writing that we would not be allowed to talk but that we would
> be welcome to come to the meeting. He had trained the appeals board very
> well, and they unanimously stated that there was no basis to approve the
> appeal. Only money could make them vote this way. My evidence totally
> overruled anything CenturyTel said. Ironically, after the meeting, the
> chair of the appeals board came up to my husband, laid his hand on his
> shoulder, and said, "You've got to appeal this to circuit court."
>
> I finally received a letter Friday from zoning stating that we must consult
> with legal counsel to file the appeal. I have until November 18 to do this
> per his written statement. Unfortunately, CenturyTel is starting to build
> the tower. They are hard at work this morning. I need to get in touch with
> anyone who can help in this regard. By filing the appeal, is the work
> immediately stopped? I have to act fast here. Any help you can give me
> will be graciously accepted!
>
> I'm not sure I should devulge my phone number via e-mail; however, if you
> think it would assist in timeliness of this matter, I shall; just let me
> know.
>
> Trudy Horlacher
>
> -----Original Message-----
> From: Roy Beavers
> To: undisclosed-recipients:;
> Date: Tuesday, October 03, 2000 4:02 PM
> Subject: Some more encouraging results (Horlacher)....
>
> >
> >
> >.........From EMF-L........ I think others will enjoy this, too.....
> >Thanks, Trudy, for your enthusiastic report........guru.....
> >
> >-------- Original Message --------
> >Subject: Re: [Fwd: [Fwd: Article search]]
> >Date: Tue, 3 Oct 2000 13:59:23 -0500
> >From: "Trudy Horlacher"
> >To: "Jim Ferguson"
> >CC: ,
> >
> >Jim (and Roy),
> >
> >I apologize for getting back to you so late regarding your e-mail. How I
> >wanted to write earlier! However, I had put my life on hold for the past
> >few months working on this issue, and I had a great amount of catching up
> >to do...and am still struggling with this!
> >
> >My presentation at the Land Use Appeals Board meeting lasted 45 minutes,
> >with the result being that the decision was tabled. We had 15 people
> >there in opposition of the tower; 4 of these spoke, in addition to me.
> >CenturyTel had an "RF Engineer" there, as well as a "Project Manager",
> >the site acquisition specialist, and a lawyer.
> >
> >My presentation included Exhibits A-S, a copy given to each board member.
> >I also made a copy of my presentation for each of them to follow. The
> >members were not ready for me right away, but their ears tuned in when
> >the word "liability" came into the picture time and again. The German
> >study you forwarded to me was one of my last exhibits, and it held much
> >weight.
> >
> >Although the Planning and Development representative stated to the
> >Appeals Board that they could not weigh the issue on health grounds,
> >the Appeals Board was very interested in hearing the hazards. I spoke
> >at length on this, and they were definitely listening. Since we are
> >farmers and have had a multitude of problems in the past with both
> >stray voltage and ground current, we brought this into the picture also.
> >
> >One board member was particularly interested in this. I spoke with one
> >of our state representatives, who spoke with state lawyers, regarding
> >this health issue. They could find nowhere the fact that health issues
> >could not be brought up.
> >
> >[.........Glad to see some governmental honesty in the above statement!...
> >......guru......]
> >
> >Based on the fact that each of the members had a file folder full of
> >information to digest, they agreed unanimously to table the decision
> >until some items could be clarified and they could read my presentation
> >in detail.
> >
> >I read with a fine-toothed comb the local zoning codes and the county
> >ordinances. I was able to find many codes to utilize in my presentation
> >in my favor. I also requested a transcript from the previous hearing;
> >that was an unbelievable tool, as during the appeal they stated things
> >differently than what was made clear in writing in the transcription.
> >
> >[.......!!!!!Everybody take notice of the above!!!!!!......guru....]
> >
> >It was one of my best exhibits in this case. I also got the rules and
> >bylaws governing the meetings we were involved in. This was not
> >automatically offered, but we have the right to it--an important point!
> >I also found Bill Curry's "FACTS Letters and News Articles" --
> >http://www.flipag.net/nopoles/letters.html -- to be invaluable.
> >
> >I closed, Jim, with your quote, "If you think you are too small to make
> >a difference, you have never spent the night in a tent with a mosquito."
> >
> >I am petite but make up for it in spunk, so it really made the point go
> >home with the board! It has become a household quote of late!
> >
> >I have piles and piles of things from the guru site, each having a
> >place in my fight for making my corner of the world a better place.
> >
> >Our fight may not be over, but political people have become more informed.
> >
> >Although CenturyTel thought it would be "good" to get the community
> >"educated", I believe I did the educating that night. I'll continue to do
> >so until the fight is over. I have state legislators working with me,
> >as well as the state lawyers. It should be a good learning experience
> >for everyone.
> >
> >I thank you, Jim, and everyone who sent me information on this issue.
> >The guru site is invaluable!
> >
> >I look forward to receiving messages for a long time to come. Perhaps
> >the reason we were plagued with this unfortunate issue was to actually
> >make the world a better place. The guru and his group are doing that,
> >too.
> >
> >Your efforts on my behalf are truly appreciated. Keep in touch!
> >
> >Trudy Horlacher
> >
> >
> >
> >-----Original Message-----
> >From: Jim Ferguson
> >To: Trudy Horlacher
> >Date: Saturday, September 30, 2000 2:01 PM
> >Subject: FW: [Fwd: [Fwd: Article search]]
> >
> >
> >>How did your presentation go the other night? Where you able to sway the
> >>decision makers?
> >>
> >>
> >>Jim
> >>
> >>"If you think you are too small to make a difference, you have never spent
> >>the night in a tent with a mosquito."
> >>
> >
> >
> >..
> >>> >
> >>> > -------- Original Message --------
> >>> > Subject: Article search
> >>> > Date: Wed, 13 Sep 2000 12:43:16 -0500
> >>> > From: "Trudy Horlacher"
> >>> > To: >> > Trudy Horlacher
> >>> >
> >> ........Deleted.......
> >>--
> >>
> >>Roy Beavers (EMFguru)
> >>roy@emfguru.com
> >>
> >>It is better to light a single candle
> >> than to curse the darkness.....
> >>
> >>WEBSITE: http://emfguru.com
> >>
> >>People are more important than profit$$
> >>
> >>
> >>
> >
--
----
Bill P. Curry, Ph.D. |Physics is fun.
EMSciTek Consulting Co. |Trying to make a living!
22W101 McCarron Road, |Phone: (630) 858-9377
Glen Ellyn, IL 60137 |Fax: (630) 858-9159 with prior notice
Web page: http://www.EMSciTek.com
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Archive provided courtesy of WaveGuide, http://www.wave-guide.org
Reprinted with permission of Roy Beavers, http://www.emfguru.com