Concord "Study Session"

MarchandJohn jmarchand@ecrm.com
30 Jan 1997 08:31:17 -0500


Hi Joe,

Bravo for you. You have your foot in the door and, to me, you came off as =

honest and enthusiastic. Which means you know pretty much what you're =
talking
about. Still, a lawyer is a good idea, but I think they now have a good =
feel
of who you are and what you represent. (The town counsel gave you a =
little help
too.) Maintain your honesty and dont try to "shuck and jive" when in a =
pinch.... you'll make out OK!

Best luck to you.
John, K1RC (of the MERRIMACK VALLEY MUD DUCKS)

__________________________________________________________________________=
_____
From: Joe Spinosa on Thu, Jan 30, 1997 3:05
Subject: Concord "Study Session"
To: ham-law@altlaw.com
Cc: towertalk@contesting.com

In today's mail (3 PM) I got another notice from the City of Concord.

It was the agenda for a planning commission "study session" to be held =
tonight 
(6:30PM)!

Talk about short notice.

My antenna permit was item #6.

The notice said that "study" sessions are where the staff briefs the 
commission on what they are going to get in the public hearing the =
following 
week.  It's open to the public, but testimony is not permitted unless =
asked 
for by the Chairman of the commission.

Naturally, I hit the shower, put on my best power tie and attended.

When my turn came up the staff person I had been working with said "I =
don't 
know anything about antenna towers, but I see Mr. Spinosa is here, so I'm =

inviting him to the table to speak."  (This meeting is held in a =
conference 
room setting with a big table).

Before I spoke, the city attorney had some advice for the commissioners.

To paraphrase, he said:

1) These amateur radio operators are federally regulated, as such any 
complaints you hear about interference issues are under federal =
jurisdiction.  
You cannot base your decision on complaints of possible interference.

2) The other thing you might hear is aesthetic issues.  It's an eyesore, =
or it 
will decrease the value of my property.  These are just opinions, they =
must be 
weighted against factual information given by the protester.

3) As a commission we can regulate this guy's height and address =
aesthetic 
issues.  But under Federal regulation we cannot deny him access to the 
airwaves, hence we cannot flat out deny his antenna structure.

Sitting at the table, my thoughts at this point were:  "Not bad for a =
city 
attorney".

Commissioners wanted to know why I want to put this big antenna in my =
yard.

I turned my answer into a follow-up on what the attorney said.  I spoke =
about 
aesthetics and most importantly, the steps I have taken to mitigate or 
minimize visual impact.

Commissioners wanted to know if I knew of any neighbors who were =
violently 
opposed to my installation.

I commented that since the notice of public hearing arrived, there had =
been 
some phone calls.  I said that if neighbors show up, they will probably =
be 
opposed to the installation on aesthetic grounds, in which case, my =
response 
will be just what I've told you:  Here are the steps I've taken to =
minimize 
this.

There were a few more pretty intelligent questions regarding amateur =
radio in 
general and "reasonable accommodation".  One commissioner even had the 
intelligence to ask about wind-loading and safety.  The Chairman wanted =
to 
know if this was all just a hobby.  Naturally, I responded that we hams ar=
e 
reluctant to call what we do "just a hobby".  Our Federally granted =
privileges 
hinge on public service.  It was the perfect lead in to a bit about =
emergency 
communications.  I heard myself saying things like; "We've proven =
ourselves 
time and again" and "so much so that the Federal government through the 
Congress and the FCC have a vested interest in permitting us to erect 
efficient antenna structures... This is the impetus underlying what the =
city 
attorney told you earlier."

All and all, I was pretty impressed.

This was very low key.  I think I gave them a pretty good understanding =
of who 
I am and what I want to do.  Of course, I was very professional etc.

Turns out I'm not half bad at public speaking.

Perhaps the most interesting question (at least the one that blind sided =
me) 
was that of wind noise.  "Mr. Spinosa, this tower with these antennas on =
it... 
Will it make noise in the wind, like chimes?"

Hell if I know!  (I didn't really say that).

I did say that I've never heard of that before and that there is nothing 
referenced in the specifications from the tower manufacturer, or the =
antenna 
manufacturers, that would lead me to believe any noise will be generated =
by 
the wind.  As far as I know, the tower will be completely silent.

Thought I had heard everything.

Now, on to the public hearing next week.

I'm feeling kind of good about this at the moment, but if I can find a =
lawyer 
before next week I will feel MUCH better.  I have a lead on this, and =
will be 
making a few phone calls tomorrow.

Thank you all for the overwhelming support I've received the past few =
days.

Hams to the rescue!

(Please excuse my habit of making these postings rather long.  I'm just =
as bad 
in person.  I don't work repeaters 'cause I time them out!)

Best Regards,
Joe Spinosa
KF6CWX
Concord, CA

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Date: Thu, 30 Jan 97 06:02:17 UT
From: "Joe Spinosa" <Spinosa@msn.com>
Message-Id: <UPMAIL08.199701300603100732@msn.com>
To: ham-law@altlaw.com
Cc: towertalk@contesting.com
Subject: Concord "Study Session"
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