FW: KGEZ towers, rezone / To all council members and mayor.
From: John Stokes [mailto:stokes@z600.com]
Sent: Monday, December 01, 2008 4:46 PM
To: citycouncil@kalispell.com
Cc: stokes@z600.com
Subject: KGEZ towers, rezone / To all council members and mayor.
To the City Council of Kalispell,
Regarding the third and second reading of the Sideriou and Gardner
Investment LLC application for annexation and rezone.
All AM radio stations emit dangerous levels of radiation. Both of these
two projects are within 2 km of the KGEZ radio towers. I believe one
also includes a school. The rates of childhood Leukemia within this
distance is 35% higher.
In the largest and most detailed study of AM radio radiation to date, a
team led by Mina Ha of South Korea's Dankook University in South Korea
has found that children living within 2km of an AM transmitter had more
than twice the risk of developing leukemia, compared to those living
more than 20km away. The study
<http://aje.oxfordjournals.org/cgi/content/abstract/166/3/270> , which
included 36 cases of children with leukemia living within 2km of an AM
station, will appear in the August 1 issue of the American Journal of
Epidemiology and is already available on the journal's Web site.
"The results of this study suggest a possible carcinogenic effect of AM
RF [radiation] exposure on children, particularly with regard to
lymphocytic leukemia," Ha concludes. This is Ha's third epidemiological
study of cancer in the vicinity of AM radio stations. The other two,
published in 2003
<http://www.ncbi.nlm.nih.gov/sites/entrez?Db=pubmed&Cmd=ShowDetailView&T
ermToSearch=15859510> and 2004
<http://www.springerlink.com/content/4d82363wca67atqk> , also pointed to
a cancer risk. (See also MWN, S/O02
<http://www.microwavenews.com/news/backissues/s-o02issue.pdf> , p.16.)
Ha told Microwave News that while the observed risk was significant, she
would like to see it replicated in another study. Ha's study included 31
AM stations operating at 20kW or more.
Five years ago, a group of Italian researchers headed by Paola
Michelozzi found
<http://aje.oxfordjournals.org/cgi/content/abstract/155/12/1096> higher
rates of childhood leukemia around the Radio Vatican transmitters in
Cesano outside Rome (see MWN, M/A01
<http://www.microwavenews.com/news/backissues/m-a01issue.pdf> , p.6;
S/O01 <http://www.microwavenews.com/news/backissues/s-o01issue.pdf>
p.9; M/J02 <http://www.microwavenews.com/news/backissues/m-j02issue.pdf>
p.4; J/A02 <http://www.microwavenews.com/news/backissues/j-a02issue.pdf>
p.14). Radio Vatican operates at a number of different frequencies, in
both the AM and shortwave (4-21MHz) bands.
When Ha compared cases and controls relative to estimated RF exposures,
she found that the risk was significantly higher for those in the second
and third exposure quartiles, but not in the 25% most exposed children.
Nevertheless there was a trend of increased risk of lymphocytic leukemia
with increased RF exposure, which was of borderline significance. (There
was no parallel trend with distance from a transmitter.)
Regarding the lack of an association among those who are most exposed to
RF, Ha suggested that it might be due to "decreasing statistical power"
or to a "bystander effect."
Ha estimates that the electric field at 2km from the AM transmitters
ranged from 1V/m to 3V/m —approximately 0.26µW/cm2 to 2.4µW/cm2.
Source : http://www.microwavenews.com/amradio.html
<http://www.microwavenews.com/amradio.html>
It appears this City council is approving and condemning a large segment
of the new inhabitant to increased risk of cancer. I want the public
record to reflect each of you did so with knowledge of this fact.
Second
The application submitted by Gardners Investment LLC fails. There is no
valid signature of Davar Gardner. Please examine and reject. The
signature is not legally notarized by a lawful notary of Montana.
Gardners Investment LLC is not the majority property owner and has no
authority to request annexation.
Gardners Investment LLC testified in open court under oath on September
16, and 17, 2008, while this application had been submitted, the
properties are owned by others and appears the only parcel owned by
Gardners Investment LLC are the last two tracts on the application which
consist of approximately 6 acres, not 81 acres. Check the title. Both
can’t be true. Either the Gardners submitted a false application to the
city of Kalispell, or lied under oath in court. There is a transcript
and documentary evidence submitted by them.
Also it is forbidden by statue for Cities to annex county farmland. The
entire properties being applied for have a covenant running with the
land for Agricultural use only. In the attempt of the parties to avoid
the subdivision laws of Montana, the applied for Ag Exemption use only
and family transfers which also had the ag use only attached and part of
the division and fully disclosed to all parties and the public record.
Indeed most benefit from an AG exemption on the tax rolls. Check the
COS’s
Regarding locating the KGEZ towers to the sommers sewer lagoon. Forget
it and quit wasting the taxpayers money.
I didn't agree to a scheme like that in 2000 when presented by Chris
Kolkaski and don't agree with it today.
Please follow the mandatory Federal and State procedure.
I am more than willing to avoid litigation and mediate to resolve the
issue of the towers. However relocation is a matter that is far down the
road and it is mandated you participate when and if the time comes. I
chose the new site, not the City and it is forbidden by law for even
attempting to go down this road.
I have enclosed herein the summary of the mandatory procedure. Please
each of you review and you will find you are completely out of
compliance and will never obtain reimbursement of expenditures to date
or any new federal funding. Period. There is a check list to follow and
you have gotten to the first mandated requirement. I will agree to
mediation but the first thing that has to happen is spelled out below.
Please the following links for the complete text.
http://www.faa.gov/airports_airtraffic/airports/resources/publications/o
rders/media/environmental_5100_37b.pdf
<http://www.faa.gov/airports_airtraffic/airports/resources/publications/
orders/media/environmental_5100_37b.pdf>
LAND ACQUISSSITION AND RELOCATION ASSISTANCE FOR AIRORT PROJECTS
August 1, 2005
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION I
Distribution: ZRP
http://www.faa.gov/airports_airtraffic/airports/environmental/relocation
_assistance/land_acquisition_under_aip/overview/
<http://www.faa.gov/airports_airtraffic/airports/environmental/relocatio
n_assistance/land_acquisition_under_aip/overview/>
Real Property Negotiations (AC 150/5100-17, Chapter 3)
Beginning Negotiations
Before initiating negotiations for the property, the sponsor must
establish an amount that it believes is just compensation for the real
property. The amount must not be less than the appraised fair market
value approved by the review appraiser.
Promptly thereafter, the sponsor must make a written offer to acquire
the property for the full amount believed to be just compensation. The
Uniform Act defines the date that this written offer is presented as the
initiation of negotiations. The initiation of negotiations typically
establishes eligibility for relocation payments for displaced persons
who were occupants on the property as of this date. The sponsor's
negotiator is to personally contact each owner with the sponsor's
written offer of "just compensation”. Nonresident owners may be
contacted by certified mail.
Negotiating with the Property Owner
The goal of negotiations is to secure an amicable purchase agreement
with the property owner for the just compensation owed for the needed
property. The airport must not undertake coercive measures to force
agreement. Instead, the airport's negotiator must fully explain the
airport offer and help the property owner fully evaluate the airport
offer. Value information provided by the property owner must also be
given due consideration in negotiations. If the property owner's
information is creditable and/or the circumstances of the proposed
acquisition change, the airport must update its offer of just
compensation.
Settlement / Condemnation
Should negotiations fail to secure an agreement, an airport with eminent
domain authority may proceed to take the needed property through
condemnation. Airports also have discretion to enter administrative
settlements where the public interest in a proposed settlement is
apparent.
Possession of the Property
Once an agreement is reached, the airport must pay the agreed purchase
price to the owner. In the case of condemnation, the airport deposits
with the court, for the benefit of the owner, an amount not less than
the approved appraisal before requiring possession of the needed
property.
Relocation Assistance (AC 150/5100-17, Chapters 4 Through 7)
Sponsor Obligations
It is the sponsor's obligation under the Uniform Act to provide an
adequate relocation assistance program that ensures the prompt and
equitable relocation and reestablishment of persons displaced as a
result of it's Federally assisted airport projects. [The term "person"
as defined in the Uniform Act, and as used in this AC, refers to any
individual (residential or business occupant), family, partnership,
corporation, or association.] Sponsors must provide advisory assistance
and conduct the relocation program so that displaced persons receive
uniform and consistent services and payments regardless of race, color,
sex, or national origin. The sponsor must maintain adequate
documentation to evidence compliance to the Uniform Act and its grant
assurances.
Types of Relocation Assistance
Relocation assistance activities involve relocation planning,
information and notices, advisory services, relocation assistance
payments (replacement housing payment, incidental closing costs,
increased interest costs, residential moving costs, etc.),
nonresidential (business, farms, nonprofit organizations) relocation
payments (reestablishment expenses, moving costs), replacement housing
of last resort, and mobile homes. The specific procedural requirements
for the sponsor to provide the required assistance and payments are
detailed in the AC.
Property Management (AC 150/5100-17, Chapter 8)
Property management activities include disposal or demolition of
improvements, clearing of trees and vegetation, and interim use or
rental of the property until needed for a subsequent construction
project, if applicable.
Sponsor Certification (AC 150/5100-17, Chapter 9)
The sponsor must certify that real property was acquired in conformance
with the Uniform Act. In addition, the sponsor must certify, as
applicable, that all persons displaced from their homes for the project
were offered comparable replacement housing and that all persons in
occupancy at the initiation of negotiations had vacated the property and
were provided reimbursement of their moving expenses to a replacement
site in accordance with the requirements of the Uniform Act. This
certification must be provided concurrently with a sponsor's request for
reimbursement and shall cover the specific parcels for which the sponsor
is requesting reimbursement of costs.
Certification may also be required for FAA grant approval for
construction requiring the use of land previously acquired. As
applicable, certification for construction operations must provide the
status of possession and clearance of the acquired property to
accommodate construction. Sponsor management with authority over the
acquisition and relocation process must sign the certification statement
(see AC 150/5100-17 for a sample certification statement).
Back to top
Negotiating with the Property Owner
The goal of negotiations is to secure an amicable purchase agreement
with the property owner for the just compensation owed for the needed
property. The airport must not undertake coercive measures to force
agreement. Instead, the airport's negotiator must fully explain the
airport offer and help the property owner fully evaluate the airport
offer. Value information provided by the property owner must also be
given due consideration in negotiations. If the property owner's
information is creditable and/or the circumstances of the proposed
acquisition change, the airport must update its offer of just
compensation.
Settlement / Condemnation
Should negotiations fail to secure an agreement, an airport with eminent
domain authority may proceed to take the needed property through
condemnation. Airports also have discretion to enter administrative
settlements where the public interest in a proposed settlement is
apparent.
Possession of the Property
Once an agreement is reached, the airport must pay the agreed purchase
price to the owner. In the case of condemnation, the airport deposits
with the court, for the benefit of the owner, an amount not less than
the approved appraisal before requiring possession of the needed
property.
Types of Relocation Assistance
Relocation assistance activities involve relocation planning,
information and notices, advisory services, relocation assistance
payments (replacement housing payment, incidental closing costs,
increased interest costs, residential moving costs, etc.),
nonresidential (business, farms, nonprofit organizations) relocation
payments (reestablishment expenses, moving costs), replacement housing
of last resort, and mobile homes. The specific procedural requirements
for the sponsor to provide the required assistance and payments are
detailed in the AC.
Property Management (AC 150/5100-17, Chapter 8)
Property management activities include disposal or demolition of
improvements, clearing of trees and vegetation, and interim use or
rental of the property until needed for a subsequent construction
project, if applicable.
FAA Check list to obtain Federal Funds:
5
Order preliminary title search to confirm ownership and encumbrances on
property title
6
Select and negotiate contract for qualified appraiser and review
appraiser
7
Select and negotiate contract for Environmental Site Assessment (ESA)
consultant (if not completed in project planning phase)
8
Select and negotiate contract for qualified land acquisition and
relocation consultant, if required
9
Conduct Environmental Site Assessment of property suspected of being
contaminated
10
Prepare relocation plan if there are any persons to be displaced
11
Perform appraisals and appraisal review, and approve appraised fair
market value. The property owner shall be given the opportunity to
accompany the appraiser on the inspection of the property.
12
Submit appraisal and review appraisal reports to the FAA if required by
project manager.
13
Make written offer of just compensation. At initiation of negotiations,
provide general notice of the property owner's rights and entitlements
on the acquisition of their property and an explanation of the
relocation assistance and payment entitlements. Provide notice of
relocation eligibility to displaced persons.
14
Negotiate purchase agreement. If reasonable attempts to negotiate an
agreement or acceptable settlement are unsuccessful, the acquisition may
be referred to the sponsor's attorney for condemnation under the
airport's eminent domain authority.
15
Closing/court award, title conveyance, and schedule possession of
acquired property. (Sponsor's attorney / title company /escrow agent.)
16
Complete relocation assistance for displaced persons. Assure a
comparable replacement dwelling has been made available for all persons
displaced from their residence, (as applicable).
17
Clear property for project use.
18
Furnish project application with Exhibit A Property Map and land
acquisition cost breakdown sheet, Certification of Environmental Site
Assessment, Certificate of Title, and Sponsor Certification for Real
Property.
19
Execute grant agreement.
20
Submit final Outlay Report and Request for Reimbursement for
Construction Programs (Form SF-271
<http://www.faa.gov/airports_airtraffic/airports/resources/forms/index.c
fm?sect=payments> ) and make final drawdown.
In Closing,
You should fire you city Attorney and Airport manager. They have cost
you millions and appears are going to cost more. I can’t stop the
airport from condemning me. I can insist you obey the law and the
constitution. Otherwise you are all possible liable. By the Way please
pay the $40,000.00 you owe me.
I suggest you retain William Ferral Appraisal Services. He is familiar
with the KGEZ properties and used by Montana Department of
Transportation.
John Stokes
KGEZ 600 AM
Z-600 The Edge
P.O.Box 923
Kalispell, Montana 59903
(406) 752-2600
stokes@z600.com
www.z600.com <http://www.z600.com/>
Add FUN to your email - CLICK HERE!
<http://www.incredimail.com/index.asp?id=96914>