Noise News for Week of March 8, 1998


Florida Judge Pronounces Noise Ordinance Unconstitutional

PUBLICATION: The Sun-Sentinel
DATE: March 12, 1998
SECTION: Local, Pg. 3B
BYLINE: Kathy Bushouse
DATELINE: Coral Springs, Florida

The Sun-Sentinel reports that a county judge has ruled the Coral Springs, Florida noise ordinance unconstitutional, saying it is "vague and overbroad."

The ordinance was overturned as part of Broward County Judge Louis Schiff's dismissal of the city's lawsuit against two employees of Sy's Supplies, a construction supply company at 11230 Wiles Road. Residents near the business had complained of the company getting deliveries as early as 5 a.m.

The report says according to the noise ordinance, businesses close to residences are allowed to operate between 8 a.m. and 6 p.m. Outside of those hours, they are prohibited from making noise that would bother their neighbors. Code officers in June cited two Sy's employees for noise violations. The city denied their appeal and they took the case to the Broward County Court. "What may bother or disturb one person . . . clearly may not disturb another in the very same building," Schiff wrote in his decision. "The person who creates the noise is subjected to prosecution even though there are no standards set by this ordinance to limit arbitrary and subjective enforcement," he ruled.

According to the article, residents in the Northbrook neighborhood in northwest Coral Springs, which borders the Wiles Road businesses to the south, in November complained they were being awakened before dawn by squeaking brakes and loud diesel engines from the delivery trucks at Sy's and other adjacent businesses. Attorney Bob Marell, who represented the Sy's Supplies employees, agreed that the city's ordinance needed to be clearer. "I certainly agree with the judge's ruling that a city has the right to regulate noise, " Marell said. "It just has to be done in a manner that is prescribed by the Constitution, and you have to inform the public what is excessive and what is not excessive." Daniel Applebaum, owner of Sy's Supplies, said: "I was complying with their 8 o'clock ordinance. We've always been cognizant of the fact that there are residents behind us."

The report says City Attorney D.J. Doody said the city will "keep our options open." His office will draft a new ordinance to present to the City Commission. Applebaum said he hopes to work with the city on the new ordinance. "From day one, we always wanted to work with the city," Applebaum said on Wednesday. "What I hope that they do is work with me."

The article describes David Bowe, who lives in Northbrook, who said his neighborhood has been "very nice, quiet and peaceful" since November when residents took their complaints to the City Commission. Although the noise ordinance regulating business hours was ruled illegal, business owners still can be prosecuted under the city's general noise ordinance, said Assistant City Manager Ellen Liston. The city's general noise ordinance regulates noise after 10 p.m. and before 7 a.m., both from residents and businesses within the city. "Obviously the city still does have options to prevent noise that does unreasonably affect residents in Coral Springs, and we'll be looking at the other options that are available to us to do that," Liston said.

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Hayden and Riordan Disagree over LAX Expansion

PUBLICATION: The Daily News of Los Angeles (Los Angeles, CA)
DATE: March 14, 1998
SECTION: News, Pg. N4
BYLINE: Rick Orlov
DATELINE: Los Angeles, California
ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Liz Garnholz, member of Los Angeles International Airport Area Advisory Committee; Senator Tom Hayden, D-Los Angeles

The Daily News of Los Angeles Saturday reports state Sen. Tom Hayden harshly criticized Mayor Richard Riordan's promotion of a proposal to expand Los Angeles International Airport.

According to The Daily News of the Los Angeles, Hayden, D-Los Angeles, a longtime Riordan critic organized the protest at City Hall East, saying the area around LAX could not absorb any more growth. "Imagine you're living in a house, and all of a sudden there is gridlock on your streets and pollution in your air," Hayden said. "That's what we have here. I have been in these people's homes and seen the pollution from the airport." Riordan accuses Hayden of ignoring the interests of working people. "Tom Hayden is an elitist who doesn't care about jobs for the economically disadvantaged, but only his own ideology," Riordan said. A Hayden spokesman rejected the mayor's characterization.

The article reports during his recent trip to Asia, Riordan vigorously touted the proposed LAX expansion to double the 60 million passengers and triple cargo rates it now handles. Hayden and others support a regional approach to expanding air capacity, with greater reliance on facilities in Palmdale and Ontario, the John Wayne Airport, and the El Toro field scheduled to open soon. Riordan said he also favors a regional approach, but that more would be needed. "If you want to meet your economic needs of the next 20 years, you will need to expand LAX."

The article reports Hayden and others say they still have questions over whether the LAX master plan adequately considered the problems with increased traffic, noise and pollution. Also, Liz Garnholz, who serves on the Los Angeles International Airport Area Advisory Committee, says she believes the LAX site is too small to justify the projected growth to 100-million-plus passengers a year. "LAX is an itty-bitty 3,500 acres," Garnholz said. "Palmdale has 17,750 acres and wants to expand. Denver has 33,000 acres for its airport. Los Angeles can't justify what it wants to do." Riordan says the master plan calls for making traffic improvements and that noise problems will be reduced as quieter airplanes come into use. There are a series of reviews and public hearings scheduled before the plan is approved. The City Council is expected to give a critical review. "We have to look at this regionally and not put all the impact on the people who live next to LAX," said Councilwoman Ruth Galanter.

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Raleigh-Durham Airport Spells Out Noise Limits to Fed Ex

PUBLICATION: The News and Observer (Raleigh, NC)
DATE: March 14, 1998
SECTION: News; Pg. B3
DATELINE: Raleigh, North Carolina

The News and Observer of Raleigh, North Carolina reports that Raleigh-Durham International Airport director John Brantley informed the Airport Authority of discussions he's held with FedEx about noise issues.

According to the article, Brantley's statement said that if Federal Express brings its hub to Raleigh-Durham International Airport, the shipping company would have to operate within the airport's noise budget, which limits the amount of noise each carrier and the airport as a whole can make. FedEx would be given a larger share of that noise budget if necessary. The airport would also require FedEx to run its business in a way that would "inflict the least possible noise impact on the surrounding community," according to Brantley's report. It would be required to fly some new, quieter aircraft in addition to older planes that have been retrofitted with equipment to reduce noise.

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Noise Violations All in the Family in Two Massachusetts Asphalt Plants

PUBLICATION: Telegram & Gazette (Worcester, MA)
DATE: March 14, 1998
SECTION: Local News; Pg. A2
BYLINE: Karen Nugent
DATELINE: Lancaster, Massachusetts

The Telegram & Gazette of Worcester, Massachusetts, reports Building Inspector James J. Ford Sr. has informed the P.J. Keating Co., a blacktop plant, that it is in violation of town bylaws governing noise from blasting and truck traffic.

According to the article, a town zoning bylaw requires that no sound, noise, vibration, odor or flashing shall be observable within 40 feet of bordering properties. The bylaw also states that the Planning Board may authorize, with a special permit, activities that do not meet the standards. Ford said yesterday he has told the company's operator, John J. Keating, that he must apply for a special permit from the Planning Board within 14 days. Failure to do so, Ford said, will result in a cease and desist order to stop quarrying in Lancaster.

The article reports that the town became aware of the violation when Paul J. Keating II, John Keating's cousin and business rival, asked Ford to issue a cease and desist order for noise and truck traffic violations at his cousin's Lancaster quarry. The bylaw violations Paul Keating cited in making the request are some of the same ones that halted his attempt last year to build his own blacktop plant off Route 70. After a series of battles between opponents of the plant and Paul Keating, the Lancaster Board of Appeals revoked Keating's building permit because of zoning violations pertaining to noise, traffic and asphalt fumes. The Board of Health declared Paul Keating's proposed plant a "noisome or nuisance trade" under state law. Keating is appealing the cease and desist order in Worcester Superior Court. In response to his censure, Paul Keating questioned Ford and the Planning Board about why the same bylaws were not being enforced at his cousin's quarry which is located two miles away.

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EU Freezes Number of Hush-Kitted Aircraft; They're Legal, but Not So Quiet

PUBLICATION: AFX News
DATE: March 13, 1998
SECTION: Company News; Regulatory Actions; Government; European Community
DATELINE: Brussels, Belgium

AFX News reports the European Commission is proposing a directive so that "hush-kitted" aircraft - aircraft with older engines muffled to meet tighter modern noise pollution standards - cannot be added to the registers of the EU after April 1, 1999.

According to the article, hush-kitted aircraft formally meet EU legislation, but they still cause more nuisance than modern engines. The commission's main objective is to prevent companies from expanding their activities within the EU with such aircraft, which would lead to further deterioration in noise levels around airports. "As a side-effect, the measure will also help to reduce other environmental impacts such as fuel burn and carbon dioxide emission," the commission said.

The article reports the commission is taking the action because of the potentially high number of hushkitted aircraft on registers outside the EU. While there are currently less than 50 such aircraft in the EU, the U.S. has about 1,000-1,500 aircraft expected to be fitted with hush-kits by 2000 to enable them to meet tighter International Civil Aviation Organization noise standards. Even thought the retrofitted aircraft comply with the more stringent international noise standards, they produce much more noise than aircraft genuinely meeting the latest noise standards, according to the commission. "Given the limited number of such aircraft currently on member state registers, hushkits are not a European problem yet," it said. "The proposed measures freeze the existing situation for hushkitted aircraft on member state registers."

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Polaris Amphitheater to Erect Noise Wall in Response to Complaints

PUBLICATION: The Columbus Dispatch (Columbus, OH)
DATE: March 13, 1998
SECTION: News , Pg. 1B
BYLINE: Doug Carious
DATELINE: Columbus, Ohio
ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Kathleen Hadder, resident; Jane Langton, resident

The Columbus (Ohio) Dispatch reports Polaris Amphitheater managers will erect a new wall to block concert noise from nearby neighborhoods.

According to the article, town and amphitheater officials have been meeting since August to discuss solutions to complaints about noise from the amphitheater. The planned changes for the summer concert season include a 16-foot-high, 400-foot-long wooden sound wall along the southeast edge of the amphitheater lawn. William J. Cavanaugh, a sound consultant working for Polaris, said the wall is designed to reduce noise going to neighborhoods southeast of the amphitheater, but he doesn't know how much it will help. The wall will be temporary this summer, but if it works, a more permanent wall will be erected. Polaris also will move sound monitors to get a better idea of how much noise concerts produce and will shield some speakers to ensure that sound is directed in the proper direction. John C. Freytag, a sound consultant working for Westerville, called the amphitheater's sound design excellent. But he said Polaris needs to do a better job of keeping music groups within the amphitheater's guidelines. Polaris asks performers to not exceed 100 decibels - equivalent to the noise generated by a circular saw - 100 feet from the stage. But Freytag said the amphitheater's sound data indicate that bands exceeded those sound levels at a number of concerts last year. Jane Langton, another Polaris neighbor, said she doesn't think a new fence will help. "They just need to turn it down," she said of sound levels.

The article reports some Polaris residents feel they were excluded from the meeting where officials of Columbus, Delaware County and Westerville discussed the wall and other proposals. Kathleen Hadder, who lives about a half mile south of the amphitheater, said a guard turned her away at the amphitheater's gate. According to Hadder, "He said, 'Oh, you're the public. You're not allowed in.' " The general manager of the amphitheater, Patrick Leahy, said there wasn't enough room for neighbors, and there wasn't enough time for public comment. Polaris attorneys consulted with the Columbus city attorney's office before the decision was made, he said, and news reporters were allowed as a stand-in for neighbors. "We've heard the neighbors' opinions; we know where they stand," Leahy said. "The meeting was because of the neighbors' opinions. I don't think the public was shut out in any way - the neighbors were just not invited."

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Go Kart Track Approved Near Office Building in Parkway Village, Ohio

PUBLICATION: The Columbus Dispatch (Columbus, OH)
DATE: March 13, 1998
SECTION: Metro, Pg. B2
BYLINE: Toni Lepeska
ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Marlin Graber, office building owner

The Columbus (Ohio) Dispatch reports a proposed outdoor Go Kart racing track in Parkway Village received approval despite opposition for a nearby building owner who voiced concerns about noise.

According to the article, the Land Use Control Board approved a special use permit for the Go Kart facility on American Way near Perkins. "It's almost unbelievable," said nearby office building owner, Marlin Graber. "We have an office building, and we're talking about a racetrack next door." The proposal, approved 4-3 by the board, next goes before the City Council for consideration.

The article reports that Phil Davis of Designed Entertainment Concepts attended the meeting. The site is owned by Family Entertainment Centers, but Designed Entertainment Concepts will operate the Go Kart business. "The noise will not be a problem," Davis said. A noise study submitted by Family Entertainment showed a 6.5 horsepower Go Kart engine was "comparable to a bird call" at 240 feet and 400 feet. Two or more Go Karts racing around the track at the same time would be comparable to a power mower at 25 feet. But Otis Higgs, attorney for Graber, asked, "How many (Go Karts) are they going to have - 15? 20? There are so many variables." He urged board members to take a "go slow" attitude. Davis said eight to 10 Go Karts will operate at a time. The business will build a 5-foot concrete wall to enclose the track and use landscaping to buffer the noise.

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Foes Say Fight Against Expanded Terminal at Burbank Airport Far From Over

PUBLICATION: Los Angeles Times
DATE: March 13, 1998
SECTION: Metro; Part B; Page 6; Zones Desk
BYLINE: Andrew Blankstein
DATELINE: Burbank, California

The Los Angeles Times reports that Burbank Airport won a federal court of appeals case which validated an environmental study from 1996 that was called into question. The ruling allows the airport authority to move forward with plans to build a larger terminal.

According to the article, the case was the last significant legal obstacle in the path to a 19-gate terminal proposal put forward by the airport authority. The Federal Aviation Administration, who conducted the 700-page study, looked at noise, traffic, and pollution issues. Airport expansion opponents say they have not lost yet.

The article reports that the city of Burbank opposes the expansion, saying the increased noise and traffic that could result is unacceptable. Airport supporters say that just because there are more gates doesn't mean there will be comparable increases in the number of flights. Burbank and Los Angeles officials, who initiated the lawsuit, said that the FAA couldn't have "rationally concluded a larger, more convenient terminal would not attract more passengers," if they had really preformed a comprehensive, in depth environmental review.

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Gravel Mining and School Incompatible, Says Pierce County, Washington

PUBLICATION: News Tribune (Tacoma, WA)
DATE: March 13, 1998
SECTION: Local/State; Pg. A19
BYLINE: Rob Tucker
DATELINE: Pierce County, Washington
ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Larry Nelson, president of NIMBBY

The News Tribune reports Pierce County, Washington, revoked a mining permit, preventing a sand and gravel company from reopening across from Rocky Ridge Elementary School.

According to the News Tribune, Steve Causseaux, the county hearing examiner, revoked a 1969 permit on Tuesday that allowed gravel mining on the 53 acre site. Causseaux ruled that significant mining hadn't occurred on the site for more than 12 months and that a condition of the permit had been violated when a 75-foot-wide vegetative buffer was removed. David Randles, head of Lynch Creek Quarry Co., had planned to run about eight gravel trucks per hour, 10 hours a day, past the school when mining resumed. He had asked to coordinate with the school district to minimize disruptions during the school day. Randles hasn't decided whether to appeal the decision or to apply for a new conditional-use permit that would require detailed noise, traffic safety and environmental studies.

The article states that nearby residents and the Bethel School District were concerned about truck traffic, safety and noise. The school district is planning to build a new junior high school about a half-mile west of the gravel pit. The rural group called Not in My Big Back Yard (NIMBBY) is opposed to the project. Larry Nelson, president of the group, said the area around the pit now has homes and schools that weren't there when the permit was granted in 1969. But Nelson doesn't think the gravel mining controversy is over. "We got the impression that he will go all the way," Nelson said about Randles.

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Noisy Sewer Pumps Double Edged Sword for Massachusetts Residents

PUBLICATION: The Patriot Ledger (Quincy, MA)
DATE: March 13, 1998
SECTION: News; Pg. 13C
BYLINE: Mia Taylor
DATELINE: Milton, Massachusetts

The Patriot Ledger reports a Milton, Massachusetts, resident appeared before town selectmen last night pleading for an end to noisy gas-operated sewer pumps located in his neighborhood.

According to the article, resident David Pimental told selectmen, "The gas pumps are truly a double-edged sword for our neighborhood. It's good news when we hear them go on because we can feel confident that the sewers will not back up -- but the bad news is the noise. I actually think it would be quieter on a runway at Logan airport than it is in my front yard." Pimental is one of nearly 100 residents whose homes routinely experience sewage backups in their homes. A large group of those residents appeared before the selectmen two weeks ago threatening a class action lawsuit against the town if something isn't done to remedy the problem.

Since then, an article has been placed on the May town meeting warrant which allocates $1.5 million for sewer repairs to the area. Public Works Superintendent Martin Feeney said that he was investigating installing underground electric pumps, which should be quieter. But until town meeting, Brook Road residents will have to deal with sewer backups and noisy gas operated pumps placed on the street by the town as an interim solution to the problem.

The article goes on to report that public works employees are stationed at the site around the clock to monitor the pumps. "The other evening outside my house there was one loud gas pump, three city trucks and one car -- all idling while the occupants watched television in the car. And another night, believe it or not, I was awakened not by the pumps but by the workers having a conversation with each other," Pimental said. "You see, for the workers to hear each other they had to yell over the hum of the gas pump." Pimental moved into his Brook Road home 45 days ago and said 15 of those days have been dominated by noise from the pumps. "Drive by my house sometime, especially at night with the pumps going and tell me if you would pay a quarter of a million dollars for what you see and hear, because my wife and I did just that," Pimental continued. "(We spent) our life's savings. This is what keeps me up at night -- knowing I can't sell my house."

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Loud Machinery Regulated by N. Charleston's Noise Ordinance

PUBLICATION: The Post and Courier (Charleston, SC)
DATE: March 13, 1998
SECTION: B, Pg. 6
BYLINE: Amy J. Wise
DATELINE: North Charleston, South Carolina

The Post and Courier reports a new North Charleston, South Carolina, noise ordinance passed without comment from the public Thursday night.

According to the article, the North Charleston City Council unanimously approved the first reading of the regulation, which prohibits operation of loud machinery between 11 p.m. and 7 a.m. In this case, loud machinery includes lawn mowers, leaf blowers, boat motors and similar equipment operated within 300 feet of a residence. A final vote will be taken at the next council meeting, scheduled for March 26.

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North London Church Fined for Noise Violations

PUBLICATION: Press Association Newsfile
DATE: March 13, 1998
SECTION: Home News
BYLINE: Peter Walker
DATELINE: Islington, England
ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: John Connell, chairman of the Noise Abatement Society ; Andrew Bosi, environment council chairman

The Press Association Newsfile reports a North London church has been fined for violating noise regulations.

According to the Press Association Newsfile, the Christ Apostolic Church of Gifford Street, Islington, has been fined more than L10,000 for breaking noise regulations. Elders from the church were also ordered to pay L4,200 compensation to three neighbors. Nearby residents claim to have suffered four years of "talking, singing, clapping, cheering and playing of musical instruments" throughout the day and into the early hours of the morning. The recent judgment follows a number of previous complaints and convictions for similar offenses since 1994. Attempts by environmental health officers to mediate between the church and locals failed. In the end, neighbors were asked to keep a log of noise nuisance, and tape recordings were made in a next door house. John Connell, chairman of the Noise Abatement Society, said: "This is the certainly biggest fine I can recall against a church. Most complaints tend to just be about bells." Islington Council's Environment chairman Andrew Bosi said: "If God can make allowances for people who need sleep, we expect his followers to do the same."

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Louisiana Receives Funding for Soundproofing of Homes in Flight Paths

PUBLICATION: The Advocate
DATE: March 11, 1998
SECTION: News; Pg. 16A
BYLINE: Deann Smith
DATELINE: Baton Rouge, Louisiana

The Advocate reports that the Federal Aviation Administration will hand over $1 million to Metro Airport in coming weeks to pay for soundproofing 25 houses near the airport's runway.

The article says the money is the second installment in the airport's widespread soundproofing program, which began last fall. "We are happy over it. I am happy for the 25 homeowners out there who are going to see some relief," Aviation Director Anthony Marino said. Marino said he expects the airport will receive the money within 30 days. Louisiana's two U.S. senators, Mary Landrieu and John Breaux, both Democrats, jointly announced the funding for the Baton Rouge airport and four other airports in the state on Tuesday. Airports in other Louisiana cities that will receive Federal Aviation Administration money are:

Alexandria, $1.1 million to construct aircraft rescue and firefighting equipment building.

Marksville, $599,509 to rehabilitate runway.

Shreveport, $2.4 million to improve runway and construct service road and $2 million to buy out homes for noise mitigation.

Lafayette, $1.6 million to rehabilitate runway.

According to the article, Rich Masters, a spokesman for Landrieu, said the airport improvements will serve as an economic development tool by luring commerce and tourism dollars to the state. Laine Glisson, a spokeswoman for Breaux, said Metro Airport can use its $1 million to soundproof homes and buy out homes in the path of the commercial jets. "This will allow Baton Rouge to continue expanding its airport without causing inconvenience to the people who live in the area," she said.

The report says Marino said he hopes the airport will receive more money to soundproof residences later this year. He said another 1,200 homes still need noise mitigation assistance. The cost of soundproofing a house averages about $45,000, including consulting fees and legal work. Marino said Baton Rouge is receiving a smaller amount than the other cities because the airport got $1.8 million last summer to buy a fire and rescue emergency vehicle and to build a new airport emergency headquarters. Since 1987, Baton Rouge has received almost $25 million for its noise program, has bought out and relocated almost 400 residents, spent close to $2 million to soundproof Banks and Brownfields Elementary Schools, soundproofed six homes and is in the process of soundproofing another 82 homes, he said.

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Memphis Go Kart Track Under Consideration; Noise Concerns

PUBLICATION: The Commercial Appeal (Memphis, TN)
DATE: March 12, 1998
SECTION: Metro, Pg. B3
BYLINE: Toni Lepeska
DATELINE: Memphis, Tennessee

The Commercial Appeal reports a Memphis amusement business has applied for a special use permit to operative an outdoor Go Kart track near Perkins. The request was put on hold last month for further study following concerns about how noise from the motors might affect nearby businesses and homes.

According to the article, Family Entertainment Centers of Memphis hopes for approval from the Land Use Control Board to add an outdoor Go Kart race track at a former indoor amusement complex on American Way near Perkins. The Office of Planning and Development has recommended that barriers be erected to muffle the sounds. "The proposed use could possibly affect adjacent uses of properties unless additional screening and landscaping is provided to muffle the noise levels, " the planning report stated. The Land Use Control Board will review the recommendations at its monthly public meeting, beginning at 10 a.m. today in council chambers at City Hall.

The article states that no opposition to the outdoor Go Kart track was recorded in the Office of Planning and Development staff report, but information was still needed on the number of Go Karts operated at a time and the horsepower of the motors. A noise study submitted by Family Entertainment did not say what type of motors would be in the Go Karts but did show that a 6.5 horsepower engine was "comparable to a bird call" at 240 feet and 400 feet. The engine of two or more Go Karts racing around the track at the same time would be comparable to a power mower at 25 feet, according to the noise study. Velvet Holmes, associate manager of the Applebee's restaurant next door to the old X-Site location, said she has no problem with an outdoor Go Kart track coming to the area. In fact, she said it might even be good for business. "My sister used to work at a Go Kart track. I'd go out and visit her," Holmes said. "I never noticed it being noisy. I don't remember ever having to yell, unless you were standing right by them."

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Idaho Environmentalists Fight Air Force Training Range Expansion

PUBLICATION: The Idaho Statesman (Boise, Idaho)
DATE: March 12, 1998
SECTION: Local ; Pg. 1b
BYLINE: Charles Etlinger
DATELINE: Boise, Idaho
ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Craig Gehrke, director of Idaho's Wilderness Society; Bob DiGrazia, past president of Foundation for North American Wild Sheep

The Idaho Statesman reports environmentalists don't believe the Air Force will adequately protect Owyhee Desert wilds from a training range expansion, so they are in Washington, DC, trying to halt the project.

According to the article, the Air Force Tuesday approved the range for Mountain Home Air Force Base to improve close-in training for the 366th Wing of fighters, bombers and tankers. The project includes the 12,000-acre Juniper Butte target zone south of Mountain Home. The record of decision includes four pages of actions to reduce impacts.

The article reports that Craig Gehrke, the Wilderness Society's Idaho director, said of the Air Force's plans, "Their mitigation is meaningless." Jet training flights would be allowed over Little Jacks Creek, which harbors California bighorn sheep. While the Air Force vowed to consult annually with federal and state officials on avoiding areas during lambing, environmentalists want a ban on flights. Wednesday, Gehrke and representatives of the Sierra Club, Idaho Conservation League, and the Foundation for North American Wild Sheep met with Bureau of Land Management officials and Rep. Mike Crapo, R-Idaho, in Washington, DC. The environmentalists are scheduled to talk to Pentagon officials today as part of their effort to stop the project. Gehrke said a lawsuit likely will be filed.

In Boise, Kent Laverty, executive director of the Idaho Wildlife Federation, charged that the Air Force failed to adequately analyze jet noise impacts on wildlife. "History might tell us we lost much of our wildlife to an unneeded bombing range," he said. However, Fish and Game had said the Juniper Butte expansion plan was acceptable if the Air Force avoided bighorn sheep lambing areas and otherwise protected wildlife, enhanced fire suppression, and had a range restoration program and a plan for monitoring wildlife. "The Air Force has met all four conditions," Fish and Game said in a news release. But Bob DiGrazia, past president of the sheep foundation, said, "We're very disappointed in Fish and Game for not standing up for (those) issues. They got sold a bill of goods."

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Boise Commissioners Say New Road to Abate Truck Noise

PUBLICATION: The Idaho Statesman (Boise, ID)
DATE: March 12, 1998
SECTION: Local ; Pg. 1b
BYLINE: Charles Etlinger
DATELINE: Boise, Idaho
ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: James West, resident

The Idaho Statesman of Boise reports Ada County Highway District commissioners approved a new road plan to reduce garbage trucks' noise.

According to the article, noisy garbage trucks using the new Hill Road will be able to turn toward the landfill without stopping. Following years of study, the Ada County Highway District is finalizing design on the road, which will be built from Gary Lane to Idaho 55 in the year 2000. But many neighbors are concerned about the intersection of the new road with Seamans Gulch Road, which will be extended south and carry traffic from new Foothills homes. Several Landover Estates residents signed a petition saying that the new intersection isn't necessary. It would hurt home values, they said, and garbage trucks headed to the county landfill on Seamans Gulch would be a nuisance. ACHD Engineering Manager Kent Brown recommended installation of a freewheeling right turn, to allow trash trucks headed westbound on the new Hill Road to turn north onto Seamans Gulch without stopping. But James West, who lives near the intersection, proposed moving it slightly northeast. That, he said, "has less immediate impact on property values and the quality of life, and better serves the natural traffic flow."

The article reports commissioners also approved installation of a concrete traffic barrier, a concrete pedestrian fence, and a wood screen fence on the south side of Hill near the intersection. Also approved was installation of a cinder block wall to shield the Casa Real mobile home park along Seamans Gulch Road.

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PA Company Granted Variance for Earlier Operation Hours

PUBLICATION: Pittsburgh Post-Gazette (Pittsburgh, PA)
DATE: March 11, 1998
SECTION: Metro, Pg. W-3
BYLINE: Carole Gilbert Brown
DATELINE: Carnegie, Pennsylvania
ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: George Schaffer, resident

The Pittsburgh Post-Gazette reports the Carnegie zoning hearing board has given approval to a drywall company to operate earlier than allowed by borough law, but the board says it will revoke the variance if delivery trucks disturb neighbors.

According to the article under an ordinance passed last October, noise in the borough is restricted between 10 p.m. and 6 a.m. But the board granted Wholesale Builders a variance that would allow work at the company to begin at 4:30 a.m. John Golem, owner of Wholesale Builders promised he'll do his best to keep the noise down. "We will work with the residents," said Golem. "We didn't come here to make noise and disrupt the tenants."

The article reports the company is located near the Honus Wagner Plaza, an eight-story senior citizen high-rise that houses 130 residents. Within the past six months, borough police have received nine noise complaints concerning Wholesale Builders. Five were from a Honus Wagner resident and four were from anonymous callers. Most of the complaints occurred during the predawn hours. "The trucks arrive early at night, sometimes in the middle of the night, and especially in the summer, you get all kind of noise from them," said George Schaffer, who has lived at Honus Wagner for five years and called to complain. Besides the running engines, the truck cargo tie-down straps make noise when they are released, Schaffer said. Though Schaffer said he is sometimes awakened by activities at the company, another resident, who described herself as an early riser, said she is not bothered at all. However, she agreed with Schaffer that some supply trucks are sitting near the company's only entrance gate as early as 8 p.m. Lisa Gillespie, Honus Wagner manager, said her office had not received any complaints for six months. But Schaffer said that is because some residents are afraid to come forward.

According to the article, in permitting the variance, James Roman, the chairman of the zoning panel, said diesel trucks sitting at the gate with their engines running pose noise and fume problems. The panel granted the variance with the stipulation that noise be kept to a minimum and that no trucks sit at the gate with their engines running. Golem agreed to tell suppliers not to arrive before 4:30 a.m. and to handle tie-down straps in a different manner.

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Braintree Company Responds to Noise Complaints

PUBLICATION: The Patriot Ledger (Quincy, MA)
DATE: March 10, 1998
SECTION: News; Pg. 16C
BYLINE: Roberta Holland
DATELINE: Braintree, Massachusetts
ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Ralph Vinciguerra, resident; Evelyn Parlee, resident

The Patriot Ledger reports King Hill Road residents in Braintree have asked selectman to take action on noisy delivery trucks at a nearby business.

According to the article, the delivery business, Metro Courier Network Inc., at 175 Bay State Drive, abuts the residential area and wakes residents at all hours. "This morning it happened again at 4:27," Ralph Vinciguerra said of the truck noise that wakes him. "I'm up at 4:27 and I can't go back to sleep. I don't want to be up at 4:27." "It's a 24-hour operation," neighbor Evelyn Parlee said. "It gets to you after a while."

The article reports that Carl Johnson, a lawyer representing the company, estimated the business is about 60 feet from the residents' back yards. But he said the land is zoned for commercial use and has been used as a warehouse and dispatch area for many years. Johnson said there are no restrictions about the hours of operation in the commercial zone, but the company limited deliveries until after 7 a.m. based on neighbors' complaints. "We're trying to take every step we can to abate the noise, " Johnson said. "We really don't feel there is any violation of town laws, ordinances or bylaws." Johnson said most of the company's work, including loading the trucks, must take place at night. Johnson said the noise problem will not disappear, but the company will work with officials and residents to ease their concerns. He said the company heard some of the complaints for the first time last night. He said fueling the trucks will be moved to another side of the building, farther from the homes. Residents suggested several things the company does, such as steam-clean its trucks Sundays, could be moved inside the building. Dennis Roccaforte, vice president and general manager of Metro Courier Network, said trucks use an entrance away from the homes after 6 p.m. But he said loading takes place throughout the night until 5 a.m. The beeping noise when the trucks back up is a federal requirement, he added.

According to the article, Town Counsel Arthur Smith said the town does have a noise bylaw, which restricts a range of noise at certain hours. He said the only way to determine whether the business was out of compliance would be to measure the sound levels. Selectmen voted to table the matter for a month to see if more steps taken by the company will ease the noise complaints.

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Michigan Residents Object to Concrete Crushing in Neighborhood

PUBLICATION: Grand Rapids Press (Grand Rapids, MI)
DATE: March 12, 1998
SECTION: Pg 1
BYLINE: Morgan Jarema
DATELINE: Alpine Townships, Michigan
ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Robert Uzarski, resident; Bob Norton, president of Strawberry Pines Condominiums

The Grand Rapids Press reports Alpine Township residents will have to wait for a decision from the Planning Commission on a special use permit for an excavating company to crush concrete and process topsoil in their neighborhood.

According to the article, Myles D. Rusche requested the commission's approval last month for a special use permit to begin the operation on 13 acres of a two-parcel site at the end of Rusche Drive which is zoned for general industrial use. Rusche owns Myles Excavating Inc., located about four miles from the proposed site. The commission tabled the request until March 19, pending more information from the Department of Environmental Quality on air quality monitoring specifics. The DEQ has determined that some dust is expected to drift off-site, although "more dust is likely to be raised from the truck activity on the site than from the crushing operation itself."

The article reports the commission also asked a representative from Parker Russ Excavating Gravel & Recycle, which would run the crushing operation, to arrange a visit at another site to allow commissioners to see a crusher first-hand, but Zoning Administrator Steve Peterson said no visit has been scheduled. "It's in their court, we're waiting to hear from them," said Peterson.

The article says resident Robert Uzarski is circulating a petition to let the Planning Commission know that neighbors object to the variances. Although petitions carry no legal weight on a decision, Planning Commission Chairman Roger Alberts said the commission will consider the opinions of residents. "Any way you look at it, it's going to be a tough issue," he said. Bob Norton, president of the nearby 77-unit Strawberry Pines Condominiums, said the dust, noise and traffic generated by a concrete facility doesn't belong near homes and schools. "It's something that's just not appropriate for our area," Norton said. According to a report by Planner Tim Johnson, the nearest dwellings are in Pine Aire Mobile Home Park, about 600 feet from where the crusher would be located.

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Texas Residents Oppose Concrete Plant

PUBLICATION: The Dallas Morning News (Dallas, TX)
DATE: March 11, 1998
SECTION: Garland/Mesquite; Pg. 1M
BYLINE: Christy Hawkins
DATELINE: Sachse, Texas
ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Janna Jones, resident; Bob Jones, city council member

The Dallas Morning News reports the Sachse City Council, prompted by residents' opposition to a proposed concrete batch plant, will host public hearings on the issue before voting to revise a zoning decision made in January.

According to the article, resident Janna Jones said the quality of life in town will be ruined if a proposed concrete batch plant is built because of the noise, traffic and health hazards it will bring. "Nobody wants to look out their door in a country atmosphere and see a cement plant," said Ms. Jones, who lives a quarter-mile from the site and is organizing a petition drive opposing the plant. She has collected more than 300 signatures thus far. Wes Strickland, the president of LakeCities Ready-Mix, the company that wants to build the facility, said, "We're not going to do the city or residents any harm." The plant will bring jobs and additional tax money to Sachse, Mr. Strickland said at a recent City Council meeting.

The article reports that the City Council voted 6-1 in January to change the agricultural zoning on the site to industrial, which would allow the plant to be built. Ms. Jones said residents did not come forward earlier to oppose the plant because they were unaware it was going to be built. When the agendas for the meetings were printed in the local newspaper, the city did not list a concrete batch plant, just a zoning change, she said. "No one in the city of Sachse knew about the proposed batch plant," she said.

According to the article, Sachse Mayor Larry Holden said the scheduled public hearings will help all sides understand the issue. "This is a way to get the public input that some of our citizens feel they missed the opportunity to do," he said. "We're viewing this as an informational tool for the residents, and it also gives the batch plant owner the opportunity to erase some of the misinformation out there about batch plants in general." City Council member Bob Jones, who was the lone dissenting vote on the zoning change, said he opposes the plant because the traffic, noise and dust it would bring would be a nuisance in Sachse. The city has spent thousands of dollars on lighting and landscaping State Highway 78, and a concrete batch plant would not add to the ambiance, he said. "I personally feel that concrete batching plants are unsightly," he said. City Council member James Cron, who voted for the zoning change, said it is important for the council to listen to residents and for everyone to understand the positive aspects of the plant. "My concerns are that we listen to the citizens because it is their town," he said. "Even though we might, as a council, conceive there would be a financial benefit, the citizens should understand that, too. If they don't want the financial benefit for the city, perhaps the alternative would be higher taxes for them."

The article reports Ms. Jones said she is worried about the effects the plant could have on the health of residents. "Chemicals are dangerous, and cement is made with chemicals," she said. Mr. Strickland, when asked if the plant could endanger residents' health, responded in a written statement: "Absolutely not. The raw materials used in ready-mix concrete rock, sand, cement and water are odorless, inert natural resources mined from the earth, which pose no health hazards whatsoever." The plant will be regulated by several groups, including the Texas Natural Resource Conservation Commission and the Environmental Protection Agency, he said.

The article goes on to state the property has not yet been purchased. Mr. Strickland said the city's delay is costing him tens of thousands of dollars. The plans for the plant include office space for the company's headquarters and three 60-foot tall cement storage silos, he said. The plant will create 58 new jobs and bring an estimated $147,000 in sales tax for the city and $43,000 in property taxes, he said. He said concrete trucks would drive along State Highway 78 dozens of times a day, but the vehicles are cleaned daily and replaced about every four years. A street sweeper will run on the property twice a day to control dust, he said. "Dust will not be a problem," Mr. Strickland said.

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Residents Seek Relief from Nightly Rail Noise

PUBLICATION: Grand Rapids Press (Grand Rapids, MI)
DATE: March 9, 1998
SECTION: Pg C.1
BYLINE: Kathleen Lord
DATELINE: Ada, Michigan
ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: David Jackson, resident; Susan Rogers, resident; Judy Watson, resident

The Grand Rapids Press reports Ada residents have organized to curb incessant night time train noise in their neighborhood. Their prospects for success appear dim.

According to the article, David Jackson knew when he bought his Ada home nine years ago he would have to accept occasional noise from the train tracks just north of the subdivision. But last fall trains began to pass through overnight , and Jackson and his neighbors began to complain. "If somebody doesn't start, nothing will ever be accomplished," Jackson said. "I want to try to say, 'All right, as civilized people, how can we come to an agreement we can all live with?' "

The article reports trains have stopped in Ada since the tracks were put down in 1853. The 167-lot Ada Woods subdivision, built in 1977, is directly south of the railroad. A short spur near the subdivision allows drop-offs behind Amway headquarters on the north side of East Fulton Street. But since October, nighttime runs to Amway -- anytime between midnight and 6 a.m. -- have become the norm because of a schedule change at Mid-Michigan Railroad, which now operates the tracks. Residents say it's getting harder to get back to sleep. "As my husband (Philip) says, 'We moved to Petticoat Junction, but now it's Grand Central Station,' " said Susan Rogers, who lives on Redington Drive, which parallels the tracks. "How can you say you have a home without being able to sleep at night?" Ada Woods subdivision resident Judy Watson echoes Rogers' sentiments: "It'll go through at 3 a.m. and then come back through to wake me again at 4. You wake up feeling sometimes like you got no sleep at all."

The article says residents are calling and writing letters to Ada officials to protest the night time noise. Jackson said he will do what he can to convince the railroad to change its schedule. Perhaps, he said, more cars can be added to the daytime trains to avoid having to make night runs. But residents' hopes may be unrealistic, according to Duane Broxterman, general manger for Mid-Michigan Railroad. He said area residents should have been more cautious when buying homes by the tracks. Night drop-offs were scheduled to better utilize equipment and keep up with added business, he said. "I think the schedule is going to stay the way it is," Broxterman said. "We can't shut the railroad down when it's dark. Eventually (residents) will get used to it." He said his crews try to be as quiet as they can, but federal law requires them to blow their whistle at crossings, such as those across Alta Dale Avenue and East Fulton. "The only thing (Ada) can do is pass an ordinance stopping us from blowing the whistle," he said. "When that kind of ordinance becomes effective, we are no longer liable for the crossing."

According to the article, Amway officials say they had no involvement in the revised schedule. Nor does the company plan to intervene on anyone's behalf. "Amway had no input in the railroad's decision," said Bruce Roth, manager of logistics for Amway. "I think we're sympathetic with the residents and their concerns, but we can't tell the railroad how to run." Ada Township Supervisor George Haga said there's nothing he and other members of the township board can do. The township's lawyer said any local ordinance regulating the hours of operations would be deemed unreasonable interference with interstate commerce, and therefore unconstitutional. The reasoning is if local communities could implement such ordinances, they could essentially shut down interstate railroad transportation. Haga said he's still awaiting a response from two letters to Mid- Michigan Railroad seeking adjustments in the schedule. "Based on the report from legal counsel and the non-response from the railroad, I'm not sure what the board can do," Haga said.

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Noise Pollution Activists Protest New Flight Paths at New Jersey Airport

PUBLICATION: The New York Times
DATE: March 13, 1998
SECTION: Section B; Page 4; Column 6; Metropolitan Desk
DATELINE: Woodbridge, New Jersey
ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Mayor James E. McGreevey; New Jersey Coalition Against Aircraft Noise.

The New York Times reports that noise pollution activists protest the new flight paths for Newark International Airport.

According to the article, three days before Federal officials plan to reroute some departures from Newark International Airport away from Staten Island and over this township, residents and officials conducted a protest. In a news conference yesterday at Town Hall, Mayor James E. McGreevey and members of the New Jersey Coalition Against Aircraft Noise condemned the change and suggested directing planes at high altitudes over the Atlantic Ocean. This is the first time that Mr. McGreevey has registered his opposition to the plan by the Federal Aviation Administration.

The article says the FAA has determined that the ocean route was not feasible because it would affect other airports, a spokeswoman, Arlene Salac, said. Ms. Salac said the rerouting would direct planes over a largely industrial area for a six-month experiment. Federal officials and the Port Authority of New York and New Jersey, which operates the airport, will monitor the noise, she added.

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European Commission Proposes Ban on Aircraft with Hush Kits

PUBLICATION: The Journal of Commerce
DATE: March 12, 1998
SECTION: Transportation; Pg. 13A
BYLINE: Chris Johnstone
DATELINE: Brussels, Belgium

The Journal of Commerce reports that the European Commission has moved to ban certain types of aircraft in a controversial move against noise pollution that has angered the Continent's express carriers and threatens trade relations with the United States.

According to the article, the commission is proposing to phase out aircraft fitted with noise-reducing equipment known as hush kits from European airports faster than expected. European express companies say the proposal to ban that aircraft will force them to buy new aircraft earlier and force up their prices. "The proposal puts Europe out of step with the rest of the world," said the industry's two biggest groups - the Association of European Express Carriers and the European Express Organization.

The article says U.S. government sources have warned they will attack the commission for using environmental rules as a cover to distort trade in hush kits and hush-kitted aircraft. Under the commissions' proposal, aircraft fitted with the hush kits cannot be added to European registers from April 1999. In addition, foreign aircraft with hush kits will only be allowed to continue flying within the 15-country trade block after April 2002 if they were already operating there in 1999.

The report says the European move pre-empts international attempts to agree on a timetable of stricter noise rules for aircraft through the International Civil Aviation Organization. The commission has admitted its move is deliberately aimed at shutting out hundreds of U.S. aircraft that are expected to install hush kits to avoid being grounded when noisy "Chapter Two" aircraft are phased out under an existing international deal. "After the year 2000 a large number of hush-kitted aircraft will be on the U.S. register and could then easily be transferred to EU registers or operate to and from the EU," the commission said in a statement.

The article explains that only around 50 hush-kitted aircraft are currently flying in the European Union. Estimates suggest that between 1,000 and 1,500 U.S. aircraft will be fitted with hush kits within two years. "This legislation will prevent a sudden flow of older aircraft landing on airports in the EU, which would further deteriorate life conditions around airports," said the EU's transport commissioner, Neil Kinnock. The commission says aircraft with hush kits may meet international rules on paper, but in practice they create a lot more disturbance around airports. Express carriers, many who have invested millions of dollars in such equipment to meet tighter noise rules, contest the idea that it is a means to cheat the noise limits.

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Noise Pollution Study in Greece Demands Attention

PUBLICATION: AP Worldstream
DATE: March 11, 1998
SECTION: International News
DATELINE: Athens, Greece
ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Athens Pollution Control Program (Perpa).

AP Worldstream reports that according to the Athens Pollution Control Program, or Perpa, 54 percent of Athenians live in areas with unacceptable levels of noise pollution.

According to the article, Perpa said 36 percent of Athens' residents live in areas where noise levels exceed 75 decibels and are described as "very bad" or "unacceptable." It sets 66 to 68 decibels as an acceptable range, while the European Union has set a limit of 75 decibels on vehicle noise emission. "Serious efforts are required for the situation to be remedied," said Environment, Town Planning and Public Works Minister Costas Laliotis. During peak hours, noise in many spots around the capital reaches levels of 90 to 100 decibels, according to the Perpa study.

The article explains how the main culprits are the capital's 1.3 million cars and 600,000 motorcycles. In addition, noise is exacerbated by construction work on the Athens subway, poor city planning, and severe traffic congestion. Government plans to curb noise include introducing a compulsory decibel test for industries and night clubs. Motorcycle owners face hefty fines if their bikes are too loud. In order to cut down on noise, the state began constructing noise barriers in trouble spots beside roads and railway lines around Athens two years ago. Such barriers can slice up to 20 decibels off the area's count, cutting up to 50 percent of the noise heard by the human ear.

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Citizens Work to Enforce Los Angeles Leaf Blower Ban

PUBLICATION: The Daily News of Los Angeles
DATE: March 11, 1998
SECTION: News, Pg. N1
BYLINE: Eric Moses
DATELINE: Los Angeles, California
ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Michael Jay Miltenberg; Jack Allen, member, Zero Air Pollution.

The Daily News of Los Angeles reports ...

The article describes how nearly a month after Los Angeles began its ban on gasoline-powered leaf blowers, Michael Jay Miltenberg still hears them sputtering and buzzing in his Sherman Oaks neighborhood. So irked, he often gets in his car and searches for those gardeners who are green-thumbing their noses at the law, which Los Angeles City Council members say they adopted to protect residents from harmful dust and noise. When Miltenberg finds an offending gardener with a shoulder-holstered blower, he takes out his "little blue book," jots down the address, date, time and license plate and calls the city complaint hotline. On seven occasions, Miltenberg has confronted gardeners and, when they denied ever hearing of the ban, handed them his own leaflets explaining the law.

According to the report, police officials insist they have been enforcing the law diligently since it took effect Feb. 13, although they say they haven't kept count of how many of the $271 tickets have been issued. They believe only four have been handed out - one in Hollywood and three in Pacific Palisades, one of the Westside neighborhoods where residents have strongly supported the law. "It's not a high priority," conceded Lt. Anthony Alba, a Los Angeles Police Department spokesman.

The article explains how officers must actually see a gardener using one of the illegal machines before they can issue a citation, but otherwise they will speak with the gardener and advise him of the law, Alba said. "It's going to be based upon responses to radio calls regarding complaints," he said. Residents who encounter gardeners with gas-powered blowers also can alert city inspectors, who say that so far they have collected 525 complaints, an average of 21 a day. Yet no properties have been the source of two complaints, which is necessary for inspectors to even consider issuing a citation.

The article says San Fernando Valley gardeners said they continue using the machines, even though it makes them feel like criminals for trying to make a living. Once when Miltenberg tried to report offending gardeners to the police, he said an officer answering phones in the Van Nuys Division told him the law had not yet taken effect. "It's unnerving that they are misinformed," said Miltenberg, a 44-year-old, self-employed engineer who testified in favor of the ban at a City Council meeting. Alvaro Huerta of the Association of Latin American Gardeners, the group that organized the independent contractors into a lobbying force at City Hall, said he has not heard of any workers being cited. "I don't think the police want to do this," he said. Huerta conceded that gardeners continue to use the blowers, and probably will until they get a complaint. About 100 of the 3,000 gardeners in his group have gotten around the law by switching to methanol for fuel, he said. Some are gambling that residents don't know about the law and won't call the police, and that officers won't drive by while they are using the blowers.

The article describes Jesus Olmos, the head of a two-man crew that tends to yards in Canoga Park, said he had not heard about the law, or even his fellow gardeners who staged a liquids-only fast in early January in hopes of reversing the ordinance. "For me, I've got to use it, because how am I supposed to work?" Olmos said as he put a leaf blower in the bed of his red pickup after clearing grass clippings from a sidewalk in the 6500 block of Bobbyboyar Avenue. Dan Ochoa, a gardener who manicures yards in the Valley, mothballed his blower in favor of a rake because he did not want to risk being ticketed. Ochoa said the law has forced him to cut corners so he can service eight homes in a single day. Still, that's down from the 11 a day he worked with the blower. "It's a just a big hassle," he said, wiping beads of sweat from his deeply tanned forearms with a dirty towel. "There are so many other things they could vote on."

The article says the low number of citations issued so far does not bother Pacific Palisades resident Jack Allen, a member of Zero Air Pollution, a Westside environmental group. "I have not heard or seen a violation since the ban," Allen said. "They are down in our area, for sure, because we're not receiving nearly the amount of calls on our hotline since the ordinance went into effect."

The report says gardeners are hopeful that a lawsuit filed against the city by the manufacturers of leaf blowers will be successful when it goes to court later this month, he said. In addition, there is a bill pending in the state Senate that would allow the use of gas-powered blowers until 2000, when a statewide ban on sales would be imposed. "It would be a much more forceful action for the industry to step up to the plate with a better tool - one that's quieter, while remaining efficient," said Bill Mabie, chief aide to the bill's sponsor, Sen. Richard Polanco, D-Los Angeles. Last week, a City Council committee agreed to oppose the bill because, if passed, it would supersede the city's ordinance. The full council is considering the recommendation.

The article gives a brief history of the controversy. A new Los Angeles law makes it illegal to use gasoline-powered leaf blowers. Anyone using one and the person who hired him or her can be fined $271. Police officers must witness a violation in order to issue a citation. Because the Los Angeles Police Department considers the offense a low priority, officers will be dispatched only if they are not busy. Residents also can lodge complaints with the city Bureau of Street Maintenance. For first complaints, the bureau will send a letter to the gardener and property owner, informing them of the law. After a second complaint for the same property, an inspector will investigate. The law must be amended to empower inspectors to write citations if they see violations. All complaints must include the date of the infraction, time of day, address, license plate number of the gardener's vehicle and, when possible, the name of the person using the blower and the phone number.

If you see someone using a gasoline-powered leaf blower, you can report the violation to your local police station's non-emergency phone number or to the city Bureau of Street Maintenance's toll-free hotline at (800) 996-CITY.

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Ear Muffs Relieve Patients of Construction Noise

PUBLICATION: The Daily Record
DATE: March 11, 1998
SECTION: Page 8
BYLINE: Lesley Wright
DATELINE: Europe

The Daily Record reports that heart patients at the Ayr Hospital were upset by noise from hospital construction. The report describes how the hospital is making use of ear muffs to content the noise weary patients.

The article describes how patients who had suffered heart attacks were fed up with the noise of construction workers doing a major hospital remodeling. A nurse suggested ear muffs for the patients. The solution was backed by hospital chiefs and patients.

According to the report, a trust spokesman said, "The heart ward is right next to the stairwell where the work was taking place. Patients who had undergone treatment for heart attacks were finding it a bit of a nuisance. They were grateful for the ear muffs which gave them a bit of respite from the noisy work. The ear muffs were an innovative and highly effective solution and everyone was really pleased."

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Connecticut Residents Still Concerned Over Airport Noise and Safety

PUBLICATION: The Hartford Courant
DATE: March 11, 1998
SECTION: Town News; Pg. B5
DATELINE: Windsor Locks, Connecticut

The Hartford Courant reports that residents and area officials are still not satisfied with the current noise solutions at the Bradley International Airport in Connecticut.

According to the article, Selectman Douglas Glazier said a proposal to reduce noise from planes flying out of Bradley International Airport may not eliminate the problem. Some residents near the airport fear a proposed $135 million expansion might increase the noise. Glazier wrote a letter to Gov. John G. Rowland last week airing his concerns after the governor's chief of staff, Sidney Holbrook, met with local elected officials in February to talk about the noise and traffic from the airport.

The article describes how the state Department of Transportation proposed a plan to have planes ascend quickly, then cut back on the engine thrust before the plane flies over residential areas. Glazier said planes need to gain altitude as quickly as possible, and reducing the thrust could pose a safety concern. In addition, he said reducing power would cause the plane to fly at a lower altitude for a longer period of time, which would not eliminate the noise problems. "My feeling is to work on options that will provide some degree of change," Glazier said Monday. He has been a pilot for more than 20 years. He said changing flight paths is more realistic than to change the way the pilot flies.

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New Jersey Town Enacts Stronger Noise Ordinance

PUBLICATION: The Record
DATE: March 11, 1998
SECTION: News; 2 Star B, Also In, 4 Star, 1 Star Late, 1 Star Early; Pg. L01
BYLINE: Don Stancavish
DATELINE: Teaneck, New Jersey

The Record reports that Teaneck, New Jersey is strengthening its noise ordinance.

According to the article, Township officials recently unveiled a measure intended to crack down on everything from barking dogs to power tools, and to impose fines on those who disrupt their neighbors with "excessive, unnecessary, or unusually loud noise." The proposal was prompted in large part by a raucous, high-decibel party last Labor Day that the Teaneck Police Department said it was unable to break up because of the township's ambiguous noise laws. "We aren't looking to interfere with anybody's right to have a party or play music, but it has to be done with decorum, sensitivity, and respect to others," said Mayor Paul Ostrow. A public hearing on the proposed ordinance is scheduled for March 24.

The article says the township's current ordinance prohibits people from disturbing the peace but doesn't spell out what kinds of noise can be classified as a disturbance. Besides setting limits on loud music, the proposed ordinance would regulate noise from whistles, horns, bells, barking dogs, musical instruments, motor vehicles, delivery trucks, power tools, lawn equipment, radios, television, tape recorders, and loudspeakers. In addition, the ordinance seeks to limit noise coming from homes, cars, streets, parking lots, and such public properties as parks and playgrounds. Although the measure would outlaw certain "unreasonable" noise, it does not define a limit for how loud the noise can be.

The article explains how Teaneck is the latest in a series of New Jersey towns seeking to place a more specific noise law on its books, said Mike Cerra, spokesman for the New Jersey State League of Municipalities. Though he could not furnish exact numbers, Cerra said the number of municipal noise ordinances in New Jersey is increasing. "It has become a major concern," he said. "It's a quality-of-life issue." In North Jersey, East Rutherford, Emerson, Hasbrouck Heights, Palisades Park, Paterson, and Washington Township are among the towns with noise ordinances. Nonetheless, noise ordinances are not always easily enforced. In Washington Township, a couple appealed a $320 fine it received for a barking dog and won. The state appeals court ruled that the ordinance was vague.

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Another California Community Faces Leaf Blower Debate

PUBLICATION: The San Francisco Examiner
DATE: March 11, 1998
SECTION: News; Pg. A-6
BYLINE: Eve Mitchell
DATELINE: Menlo Park, California
ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Deane Oberste-Lehn.

The San Francisco Examiner reports that the Menlo Park City Council in California has put off a vote on a controversial ordinance that would ban gas-powered leaf blowers.

According to the article, more than 300 people, including many gardeners, packed Tuesday night's meeting at the city's recreation center on Alma Street. Council members decided to continue the meeting until March 17 to take more public testimony before making a decision. The issue of banning leaf blowers has provoked strong sentiments in a city that prides itself on its tree-lined streets and well-manicured front lawns and backyards. Some residents say the devices create noise pollution and that gardeners should use rakes or electric blowers. Gardeners argue that if they can't use gasoline-powered leaf blowers, their prices would go up and they would lose clients.

The report says at Tuesday's meeting, most of the speakers opposed the ban. Others said voters should decide the matter. "It's just not logical to single out leaf blowers," said resident Robert Johnk. "It's simplistic, unfair and illogical." In recent weeks, local gardeners organized a 200-member group to fight the proposed ban, which received initial approval last month. Ramon Quezada, president of the gardeners groups, said members would be willing to buy a new, quieter kind of leaf blower that has a noise level of 65 decibels.

The article describes how compromises did not interest some residents. "From the standpoint of health and the quality of life there should be a complete ban," said Deane Oberste-Lehn, adding that it would be difficult to enforce regulations such as sound levels. "It's not just noise, where it doesn't allow you to speak on the phone," she said. "It doesn't allow you to sleep." According to Oberste-Lehn, the devices also contribute to air pollution and stir up pollen and dust.

The article explains how in the Bay Area, gasoline-powered leaf blowers are banned in Piedmont and Los Altos. But in other communities such as Hillsborough and Atherton there are regulations that govern their use. After Los Altos passed its ordinance banning gasoline-powered blowers in 1990, opponents gathered enough signatures to let voters decide the issue. The following year, voters upheld the ban by a margin of 59 to 41 percent.

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Washington School Battles Airport For Insulation Against Noise

PUBLICATION: The Seattle Times
DATE: March 11, 1998
SECTION: Southwest; Pg. B3
BYLINE: Marc Stiles
DATELINE: Boulevard Park, Washington
ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Stu Creighton, Normandy Park City Council member; Audrey Richter, retired Riverton Heights Elementary teacher, Normandy Park resident.

The Seattle Times reports that airport officials at the Seattle Tacoma International Airport in Washington have agreed to insulate schools against noise pollution, including a possible air conditioning system.

According to the article, Seattle-Tacoma International Airport officials have surprised Highline School District leaders by agreeing to pay whatever it takes to insulate school buildings against jet noise. The airport might even pay for air conditioning in the noise -impacted schools, Sea-Tac Aviation Director Gina Marie Lindsey said at the first of two airport-pollution forums that the district sponsored last week. School-district and airport leaders have been wrangling for four years over who will pay to insulate schools. School officials have operated under the assumption that the airport would pay no more than the $50 million that the Federal Aviation Administration has set aside for the work. Highline leaders have rejected the offer because they fear it might not cover the cost of air conditioning, which they say is needed because soundproofing does not work when classroom windows are opened on warm days. "There is no cap at $50 million," said Lindsey, who emphasized the airport has taken full responsibility to fix the noise problem.

The article describes how the school district last month opened a campaign called A Sound Environment for Education. The objective is to determine the effects on schools from pollution caused by operations on Sea-Tac's 25-year-old second runway. The state is paying for half the $330,000 campaign to determine mitigation costs. School-district officials say comments gathered at the forums will be used to help design studies they will conduct in the next nine months. Highline Superintendent Joe McGeehan called Lindsey's comments encouraging. "If the Port of Seattle says it wants to contribute, great. Let's get on with it," he said. The Port operates the airport. An Elway Research survey indicates the Port will have a tough time convincing school-district patrons of its good intentions. The survey, which the district commissioned as part of the sound-environment program, shows that 75 percent of district residents say the Port should pay to insulate schools. But only 31 percent believe the Port will end up footing the bill.

According to the article, Normandy Park City Council member Stu Creighton questioned the timing of Lindsey's remarks. He noted the issue has gone unresolved for 25 years. "Just simply saying, 'We are responsible,' does not bring us any closer to fixing these schools," he said. Lindsey said it never has been the Port's intention to limit noise mitigation to $50 million, but that was news to school officials. "We've never heard that until tonight," Highline spokesman Nick Latham said. He called Lindsey's comments "a major breakthrough." Forum participants urged school officials to study both noise and the effects that jet-fuel emissions might have on the health of students and school employees.

The report says retired Riverton Heights Elementary teacher Audrey Richter, a Normandy Park resident, told how she developed a brain tumor. She said airport-area citizens are tracking the number of neighbors who have developed similar tumors, and so far they have counted 14. "So I do believe we need to study more than just the noise, " she said. But air-quality studies should not overshadow the noise issue, Richter cautioned, because jet noise affects students' sleep patterns and interrupts classroom instruction. She said a news reporter once polled her class on whether the noise woke them at night. Of 30 pupils, all but two said it did.

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Community in Canada Angered by Barking Dogs

PUBLICATION: The Toronto Star
DATE: March 11, 1998
SECTION: News; Pg. B5
BYLINE: Stan Josey
DATELINE: Oshawa, Ontario
ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Martin Field, resident.

The Toronto Star reports that Oshawa residents are angered by the recent City Council decision not to prosecute barking dog complaints

A city committee heard from a dozen tired and upset residents who say they can't sleep because of barking dogs in their north Oshawa community. "Our lives have been extremely disrupted by the city's decision to not prosecute barking dog complaints," Sommerville Ave. resident Martin Field said yesterday. "I have lost the use of one back bedroom in my house because of barking dogs next door."

About a year ago, Oshawa council voted 9-6 not to prosecute the owner of a barking dog. "The problem was that we were getting so few convictions in court under our noise bylaw that we thought it was futile to continue," said Oshawa councilor John Gray, chair of the city's operations committee. Gray said hundreds of complaints have since come from shift workers who say they can't sleep day or night. He added that people who call animal control or police have been told the city no longer has a ban on barking dogs. But according to city lawyers, after council decided not to pursue barking dog complaints, Oshawa never officially repealed its noise bylaw as it applies to dogs, Gray said.

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Air Force Proposes Bomber Training in New Mexico

PUBLICATION: The Albuquerque Journal
DATE: March 10, 1998
SECTION: Pg. 5
BYLINE: Kathryn Holzka
DATELINE: Taos, New Mexico
ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Glen Schulze, instrumentation engineer; Daniel Williams retired major, Air National Guard., president, Taos Search and Rescue; Cliff Bain.

The Albuquerque Journal reports that a U.S. Air Force proposal for bomber training in rural New Mexico has residents inflamed.

According to the article, opponents of a proposed U.S. Air Force bomber training route over northeastern New Mexico will have difficulty convincing the military to withdraw the Taos area from consideration for the route, an aviation noise expert says. The proposed training route would permit simulated bombing runs within a few hundred feet of the ground. In addition to the northeastern New Mexico site, two other sites in southwest Texas are being considered for the bomber training route.

The article says Glen Schulze, a Colorado-based instrumentation engineer, addressed a group of about 30 opponents of the plan at a meeting Thursday at Enos Garcia Elementary School. The meeting was called to prepare for a second round of discussions with Air Force officials set for April 7 in Taos. The first public meeting held by the Air Force on Jan. 29 erupted into a boisterous anti-military rally when about 50 protesters disrupted the presentations for several minutes with chants of "No military, no military." About 200 people attending that meeting, including local officials, voiced opposition to the plan.

The article says the Air Force wants to increase its current training routes from three to four to cut down on travel time and allow more time for crew training. Public comments, both verbal and written, were solicited for a 30-day period, and a 30-day extension for comments was granted because of the strong local reaction. The cutoff date for public response is April 3.

The report says Schulze, who has been active in evaluating aviation noise complaints at several airports including the new Denver International Airport, said citizens are entitled by law to written answers to their questions about the training routes and should insist on written replies from the Air Force. "And you have to compile your own facts and statistics because if you just take what the Air Force tells you, you'll only be getting half of the story," he said. Schulze said current standards for developing models to forecast noise pollution and annoyance thresholds for noise are not only inaccurate but can be manipulated. One of the major complaints of opponents to the bomber training route is the noise generated by low-flying B-1 and B-52 bombers. "In the proposed northeastern New Mexico bomber training route, the Air Force is not talking about one flight a week, but 10 runs a day, six days a week," Schulze said.

The article describes how several people asked about possible damage to structures from sound vibration as well as the potential to cause avalanches. Schulze referred them to extensive studies written up in the Journal of the Acoustical Society of America. "I haven't made such studies myself," he said, "but on a recent trip to San Diego I observed cars parked at the end of one of the airport runways. Every time a plane would take off several car alarms would go off. Car alarms are triggered by motion, not sound, so it was obvious that the sound vibrations from the jet engines were powerful enough to rock those vehicles sufficiently to trigger the alarms." The audience also got some advice from an unexpected ally, a retired major with the Air National Guard. Daniel Williams, president of Taos Search and Rescue, recently retired after almost 21 years in the Guard. "I was one of the men responsible for getting those bombers in the air on those training missions," he said. "And I believe those training routes are vital, but I am completely opposed to including northern New Mexico in the plan. The impact on wildlife would be devastating."

According to the article, Williams said one of the planned routes would start five nautical miles east of the Chama River Canyon Wilderness Area. The planes would fly over the northern part of the state and drop down to the southeast, returning to Barksdale AFB in Louisiana and Dyess AFB in Texas. "What is critical is that the planes could fly within a corridor six to 12 miles wide," he said, "and that would bring them potentially to within two miles of the Latir Peak Wilderness Area, within a half-mile of Ski Rio, within one mile of the Angel Fire Ski Area, five miles of the Wheeler Peak Wilderness Area and within seven miles of the Taos Pueblo Blue Lake Wilderness Area." That entire area would be part of the low-level bombing runs, including training exercises for evasive maneuvers from simulated missile attacks, which Williams said are called yanking and banking exercises. He said the best way to oppose the proposed route is to compile a thorough environmental impact statement, which would include the potential harmful effects on wildlife. He said the study should point out that this area is a habitat for the threatened bald eagle. "The Air Force doesn't like to fly in the same area as big birds because bird strikes can bring down a plane," he said.

The group plans to hold a second meeting at 6:30 p.m. March 19 at Enos Garcia School. Anyone wishing to join the group or obtain further information may call Cliff Bain at 776-8976. In the meantime, Bain said, all those opposed to the bomber training route should write their objections or questions to the Air Force to be put in the record. The address is U.S. Air Force, RBTI EIS, c/o 7 CES/CEV, 710 3rd Street, Dyess AFB, TX, 79607. The fax number is (915) 696-2866, Attn.: RBTI EIS.

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Opera Lover Silenced in England

PUBLICATION: The Daily Mail
DATE: March 10, 1998
SECTION: Pg. 32
BYLINE: Bill Mouland
DATELINE: Cardiff, England

The Daily Mail reports that neighbors in Cardiff, England are in dispute over loud opera music.

The article describes how Cardiff Magistrates backed the environmental health department's decision to impose a noise abatement order on an opera enthusiast who had been playing his recordings too loud. He was told he could be fined if he breached the order. Mr. Tuesley, a neighbor disturbed by the loud music, said: "Our sleep patterns were being destroyed by this noise. I knocked on his windows but it was to no avail. I don't care if I never hear opera again." Mrs. Tuesley, said: "All that opera at all hours drove us up the wall. We could have blasted him back with our Elvis collection but we wouldn't do that."

According to the article, Mr. Mwangi said: "There's no tormenting screech in my music and no thumping beat. There are moments of drama but nothing that could be used to terrify people. I love music but I'll be too afraid to play it now in case my neighbors complain."

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California Gardeners Protest Proposed Leaf Blower Ban

PUBLICATION: The San Francisco Examiner
DATE: March 10, 1998
SECTION: News; Pg. A-4
BYLINE: Eve Mitchell
DATELINE: Menlo Park, California
ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Thom Tu-Duc, resident

The San Francisco Examiner reports that gardeners in Menlo Park, California are preparing to protest the proposed ban on gas powered leaf blowers.

The article says the Menlo Park City Council was to consider banning gas-powered leaf blowers Tuesday night. Last month in a 3-1 vote, the council gave initial approval to the ban, orchestrated in response to noise complaints from local residents. Gardeners argue that using rakes instead of blowers would force them to raise prices on weekly upkeep of lawns and back yards and greatly reduce their clientele. "It would take too much work and take too long," said Eduardo Garcia. "Right now, we can do 10 houses a day with a blower. You can do four houses a day without a blower."

According to the report, reaction from residents was mixed. "It's noise pollution," said Thom Tu-Duc, a computer consultant who works out of his home on tree-lined Linfield Drive and also composes piano music in his spare time. "It's like you're being invaded. You can't block it. You use earplugs, and you can still hear it."

The article describes how Ennio Sanchez, who works at SRI International in Menlo Park, thinks people are overreacting. "I think that it's really blown out of proportion," said Sanchez. "These people have a right to do their job." Garcia, 22, and his 62-year-old father, Luis Garcia, were among more than 60 gardeners who attended Monday's noontime protest, one of five held in the last week. Ramon Quezada, president of a local gardeners group formed several weeks ago to fight the proposed ban, offered a last-minute solution. "The noise, that's the biggest complaint. Well, here's the answer," said Quezada, who demonstrated a shiny, state-of-the-art, gas-powered blower. It had a noise level of 65 decibels, much quieter than the 100-plus decibels generated by older models, he said. According to Quezada, the 200 gardeners that belong to the association would be willing to buy the new models.

The report says City Manager Jan Dolan said establishing a local regulation based on an acceptable noise level was not a sure solution. "It would require a lot more enforcement, and you would still have the noise that some people still object to," said Dolan. She suspects that one reason the proposed blower ban has become such a hot issue is that more residents are working at home.

The article explains how in the Bay Area, leaf-blower bans already exist in Los Altos and Piedmont. They all could be rendered moot if a bill sponsored by state Sen. Richard Polanco, D-Los Angeles, becomes law. He introduced the bill Feb. 13, the same day a leaf-blower ban went into effect in Los Angeles. Instead of banning blowers, Polanco's bill would require that those devices used by professional gardeners could not exceed 65 decibels by 2000, said his chief aide, Bill Mabie. "You don't just ban people's tools (used for) work," said Mabie. Under the proposed legislation, gardeners would be given a rebate and tax break when they traded in a noisy leaf blower for a quieter model. "People using these are for the most part fairly low-income, hard -working laborers," Mabie said. "The idea is to help facilitate a move away from a loud model to a quieter one."

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Canadian Company Markets Noise Pollution Solution in Europe

PUBLICATION: Canada NewsWire Ltd.
DATE: March 9, 1998
SECTION: Financial News
DATELINE: Calgary, Alberta, Canada

Canada NewsWire Ltd. reports that John Barrett, President of ATCO Noise Management Ltd., announced the opening of the company's new branch office in Staffordshire, England.

According to the article, ATCO Noise Management designs and constructs buildings and acoustic barriers to reduce noise emissions from industrial facilities. The Calgary, Alberta-based company says it's UK office will serve European customers in need of industrial noise solutions. European environmental noise regulations count as the most advanced and strictly enforced in the world. As a company that guarantees noise control to industry, Europe represents an enormous opportunity for ATCO Noise Management Ltd.

The article says the European operations will design and supply acoustical systems for gas turbines, jet engines, compressors, generators and auxiliary equipment. The systems include acoustic enclosures, buildings, barriers, ventilation systems, combustion air intake and exhaust silencers, and blow-out panels and doors. The office in London, managed by Mr. Peter Evans, will also provide full turnkey noise control services to transatlantic customers with projects or installations in Europe. ATCO Noise Management is ISO 9001 certified. The ISO 9001 quality assurance standard applies to the design, procurement, construction and post-construction testing of acoustic buildings and enclosures as well as the acoustic retrofit of existing facilities.

The article describes how ATCO Noise Management Ltd., with headquarters in Calgary, Alberta, Canada, is a wholly owned subsidiary of ATCO Ltd. and a member of the ATCO Group of Companies. The ATCO Group is a worldwide organization of companies also involved in electric power, natural gas operations, facilities management and workforce housing with experience working in over 90 countries. ATCO Group jointly owns and operates the 1000 MW Barking Station in London, UK and a cogeneration plant at Heathrow Airport.

For further information: John Barrett, President, ATCO Noise Management Ltd., Toll-Free in North America: (888) 833-3939 or, (403) 292-7799; Peter Evans, Director, European Business Development, ATCO Noise Management Ltd., 44-(0)-11283-553068

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North Carolina Welcomes FedEx Hub

PUBLICATION: The Herald-Sun
DATE: March 9, 1998
SECTION: Durham; Pg. B1;
BYLINE: Claire Cusick
DATELINE: Durham, North Carolina

The Herald-Sun reports that Durham, North Carolina is hoping FedEx will bring new jobs to the area with its recent hub proposal.

The article reports that some of Durham's nearby neighbors are concerned that landing Federal Express' East Coast cargo hub will mean too much noise and too much traffic. However, Durham county and city officials want RDU's airport authority to continue its push to snare the $300 million, 1,500-job hub. The chance to land stable jobs and another major employer in the Triangle is too good an opportunity to pass up, local officials say. "Federal Express is an outstanding employer," said Airport Authority Chairman Ronald Gregory, one of Durham County's two appointees to the board. "That certainly would be an asset to have such an outstanding employer. I think it would be an asset to the region."

But, the article continues, not all Triangle leaders are sure they want to see FedEx bring its cargo hub and 20 extra flights a night to Raleigh-Durham International Airport. The airport already averages 400 flights a day. Morrisville officials passed a resolution opposing the hub on Feb. 9 during a town council meeting. And the Cary Town Council will consider a similar resolution Thursday. Leaders of those two Wake County municipalities point to possible increases in noise from more air traffic and congestion along Interstate 40 from increased truck traffic as factors affecting their residents' quality of life. "We want the business as well as anyone else," said Cary councilman Jess Ward. "We don't want to penalize our citizens in their nice homes with the heavy traffic at the late hours at night."

The article describes how despite the feelings of some leaders in Wake County, RDU remains among the six suitors for the East Coast hub -- along with NC airports in Charlotte, Greensboro and the proposed Global TransPark in Kinston, and SC airports in Greenville-Spartanburg and Columbia. "We say everybody's still in the running," FedEx spokesman Jess Bunn said Friday. But only RDU and Charlotte/Douglas International Airport have parallel runways - one of the overnight shipping company's preferences. The Memphis-based overnight delivery company is expected to choose a location this spring, begin construction next spring, and open the hub in 2001.

The article explains how officials in Research Triangle Park are stepping up their efforts to woo FedEx as well. The Research Triangle Regional Partnership hired an employee to work on the FedEx hub project full time. Max Fenson, the new project manager, worked for 25 years with American Airlines. RDU reportedly plans to spend as much as $40 million to improve taxiways, roads and utilities toward its effort to pick up FedEx. Airport Director John Brantley declined to comment on RDU's FedEx proposal on Friday, but RDU spokesman Rick Martinez said improvements will be made with or without FedEx. "The proposed facility that we would build and that we would pay for are actually items of infrastructure that are in our existing master plan approved in 1995," Martinez said. "The things that we intend to build won't be exclusive to Federal Express."

The report says while some Cary and Morrisville officials object to the proposed hub, Durham officials quietly have supported it, citing the shipping giant's potential to provide good jobs. The four Durham representatives on the nine-member RDU Airport Authority back the hub. The Durham City Council on Feb. 16 unanimously passed a resolution endorsing the hub, which could bring as many as 1,500 jobs to the Triangle. That endorsement was followed by similar resolutions passed by the Greater Durham Chamber of Commerce a day later and by the Durham County Commissioners on Feb. 23. "The community leadership is committed to all efforts to entice, induce and attract the FedEx hub to this area, in spite of what you've heard from other communities," said Mayor Pro Tem Howard Clement III.

The report goes to say that Authority members Gregory and George Conklin said they would not have supported courting the hub if FedEx was proposing to exceed RDU's noise rules. "We made a deal with the public with the noise budget in 1990 that we would follow that set of rules," Conklin said. "The information that we now have is that FedEx will fit within that noise budget, so there's no reason to say no." MaryAnn Black, chairwoman of the Durham County Commissioners, said she sympathizes with officials' concerns about potentially excessive noise. "No one wants to feel that his sleep is going to be broken, but on the other hand, we do need a way of providing jobs for a cross-section of people, so I hope we can find a way of working it out."

The article says the proposed hub would be staffed mostly by part-time employees working between 11 a.m. and 3 p.m. FedEx provides part-time workers with full benefits and pays them between $8 and $10 per hour. "You know, tobacco went away," said Conklin, the other Durham County appointee on the authority board. "This is the type of job that would fit in its place." Officials say a FedEx hub would attract other companies. "It's very likely that we would have subsequent development based upon the decision to locate a hub here," said Tom White, president of the Greater Durham Chamber of Commerce. FedEx opened its most recent hub last September at Alliance Airport near Fort Worth, Texas. FedEx also has national hubs in Memphis, Indianapolis and Anchorage, Alaska.

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Latino Gardeners in California Demand Compromise on Leaf Blower Ban

PUBLICATION: The San Francisco Chronicle
DATE: March 9, 1998
SECTION: News; Pg. A15
BYLINE: Carolyne Zinko, Chronicle Staff Writer
DATELINE: Menlo Park, California

The San Francisco Chronicle reports about the largest rally yet by opponents of Menlo Park, California's proposed leaf blower ban.

The article describes how about 200 gardeners and their families rallied in Fremont Park in Menlo Park and cheered Barrales, a prominent Latino politician, after peacefully marching some 2 1/2 miles from a sports field near Stanford Shopping Center down El Camino Real and Santa Cruz Avenue. Police escorted the group, which drew thumbs-up signs and some jeers from passing motorists. "My message is important today - they have to listen to us, but we have to be part of the solution," Barrales, the son of Mexican immigrants, said in Spanish. "We are working on it, for our rights, for our gardeners. We have to sit down at the table with the City Council and reach some agreement so they won't eliminate our equipment, so we can support our families and children."

The article describes how, in English, he told the crowd and bystanders at the popular downtown park, "Just because we don't have representation and may be poor or don't speak English too well, doesn't mean we should be ignored." He said he helped arrange a last-minute conference with Vice Mayor Paul Collacchi and gardeners to discuss their proposals, which would stave off a total ban. The meeting is scheduled for 4 p.m. today A meeting with Mayor Chuck Kinney is being negotiated.

The report explains how the council in recent weeks gave preliminary approval to a ban on noisy, gas-powered leaf blowers and is scheduled to take a final vote tomorrow night. Electric leaf blowers would be allowed under the ban.

The article says Ramon Quezadas, leader of a local gardeners' association that formed in response to the proposed ban, said he was looking forward to today's meeting. "I think they're hearing our voices," he said. Dozens of gardeners had spoken before the council at several public hearings on the matter, but they felt their concerns were being given short shrift because council members declined to consider any compromise. Gardeners say leaf blowers allow them to do their work more quickly and keep prices lower than they would be able to if they had to use time-consuming rakes and brooms. Quezadas declined to say what ideas the gardeners have in store. But in the past, he has suggested that gardeners need time to buy newer, quieter leaf blowers, a chance to educate workers about how to operate older models more quietly on half-power, and the opportunity to police themselves.

The report says several cities in San Mateo County, including San Mateo and Foster City, have averted leaf blower bans with such compromises. Quezadas suggested last week that the ban might carry racial overtones because the council wants to ban a tool used predominantly by one group of people, Latinos. Menlo Park Mayor Chuck Kinney told The Chronicle last week that the issue is limited to noise.

The article describes how the three-hour protest, which began at 9 a.m., was a family affair, with women and children also carrying signs, some of which read, "Council persons, let's compromise," and "Gardeners Keep Cities Clean," and "Blowers save time and money." One sign, carried by a small boy, read, "It is time for the council to stop the ignorance on all of our Mexican parents. They need the blowers to get money to send us to college because that is the future for us." Two passers-by, Gary and Anne Peck, who live in the nearby Allied Arts Guild neighborhood, said they sympathize with those who complain about leaf blower noise. "Three of five days a week, I hear them around," Gary Peck said. "If it's an economic argument, I don't see it," Anne Peck said. "Our gardener rakes." Craig Burns of Woodside, who has gardened in Menlo Park and Palo Alto for 20 years, was at the park eating a sandwich with a friend. He said he uses a leaf blower for convenience but finds them noisy and polluting. "More power to Menlo Park if they ban them," he said. "I'd get a rake and a broom." But one woman, a 43-year-old finance director from Menlo Park, said she did not understand the council's reluctance to compromise. "If there's a way for them to reduce noise and get their jobs done quicker, go for it," she said. Another protest is scheduled for noon today at Menlo Park City Hall, and gardeners intend to show up in full force to address the council tomorrow night.

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New Jersey Ice Cream Man Banned!

PUBLICATION: The Asbury Park Press
DATE: March 8, 1998
SECTION: Aa, Pg. 1
BYLINE: Scott Goldstein
DATELINE: Stafford, New Jersey
ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Eric Zwerling, director, Rutgers Noise Technical Assistance Center;

The Asbury Park Press reports that Stafford, New Jersey has banned the ice cream man from playing music.

The article describes how the town's ban on ice cream truck music raised a furor around the country. "It's not the response I wanted," acknowledged Carl W. Block, the Stafford mayor who cast the deciding vote Tuesday to ban the music. It may be the beginning of a statewide trend of noise regulating laws, according to Eric Zwerling, director of the Rutgers Noise Technical Assistance Center, New Brunswick. "Communities across New Jersey and across the U.S. are awakening to the fact that they are no longer powerless in the face of noise pollution," Zwerling said.

The article says Block wants to clarify that neither he nor the council are "anti-ice cream," a phrase many town officials said they now have to live down. The mayor says he's in favor of ice cream trucks in the township, as long as their operators announce their presence with hand-held bells, not music. He said the council was addressing the concerns of a "significant number" of Stafford residents - no exact figure has been given - who consider the ice cream trucks' amplified loop of music an annoyance akin to aircraft noise or a dog barking. "I haven't called the police department to complain, but that doesn't mean I haven't been disturbed (by ice cream truck music) during dinner," said Tom Fagan, a resident who said he represents "the silent majority." "It's an ice cream truck's privilege to conduct their business in a residential neighborhood, and over the years we have allowed ice cream trucks to come in. But it's a private citizen's right, not privilege, to say enough is enough."

Stafford Township has six licensed ice cream trucks; four play music, and two ring bells. At least one truck has an amplified voice that periodically bellows "Hello!" a publicity technique that was particularly criticized during the public hearing before Tuesday's 4-to-2 vote to ban the music. Township Councilwoman Jeanne DiPaola cast one of the dissenting votes. She prefers better enforcement of Stafford's noise ordinance, which limits volume to 65 decibels, a level that does not drown out a conversation

The article explains how noise from stationary sources, such as night clubs and factories, is easy to control with all-encompassing noise ordinances that limit decibel levels. Increasing incidents of aircraft, routine motor vehicle and train noise, meanwhile, are frequently the subject of complaints in suburban New Jersey, but they are exempted from noise laws, Zwerling said. Harder to control noise sources - like home and car stereos - are suburbia's next target, he said.

The article describes how the state Department of Environmental Protection and the Rutgers noise center last year drew up a model ordinance that towns could adopt to help curb noise from stereos. Under such an ordinance, local enforcement officials can use their own sense of hearing to identify and cite offenders, instead of relying on a complicated sound level meter that was necessary under a previous ordinance. "If the noise is plainly audible at a distance of 50 feet, it would be a violation," Zwerling explained. Officers would be required to take a three-hour workshop on how to properly enforce the law, he said. Individual towns must notify the DEP that the have passed such an ordinance.

According to the report, Zwerling could not say how many municipalities had adopted the ordinance, but he said there have been 400 to 500 requests for information from town officials, chiefs of police and municipal attorneys. Plus, there is a bill in the state Assembly that would allow, for the first time, communities to set decibel level standards for yard maintenance equipment such as lawn mowers, snow blowers and leaf blowers, he said. "If the towns are given that authority and they exercise it in large number, we may begin to see some pressure on the manufacturers to begin manufacturing quieter equipment if they want to sell their product in the New Jersey market," Zwerling said. "Noise is a pollutant that affects people's health as much as air pollution and water pollution and should be treated as seriously," he said.

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Los Angeles Resident Speaks Out About Noise Pollution

PUBLICATION: The Los Angeles Times
DATE: March 8, 1998
SECTION: Opinion; Part M; Page 4; Letters Desk
BYLINE: Hershel Remer
DATELINE: Los Angeles, California

The Los Angeles Times reports published the following letter to the editor:

Ending the gas leaf blower trauma was a great start. Now, let's go after the rest of the noisemakers. Start with the power lawn mowers, which generate about as much noise as the blowers, then turn to the construction teams that start their banging at the crack of dawn, and then the obnoxious garbage trucks, which collect at 6 a.m. on weekends.

After we win those battles, I want to tackle the city, which sends out its power tree-trimming teams to churn out incredible headaches, those irritating police helicopters that buzz seemingly 10 feet above my roof and finally, those agonizing car alarms, especially the ones that repeatedly honk, honk, honk, and the ones that play a series of various sounds.

What is with people? Why can't they adjust their motion detector so that it doesn't falsely trigger every time a cat jumps on the car or a large truck rolls by? I have had a car alarm for almost eight years now, and I have only had it falsely trigger about three separate times (once was due to a 6 a.m. large garbage truck rolling by).

HERSHEL REMER

Los Angeles

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Navy Considers Residents Concerns Over Relocation Of Jet Station

PUBLICATION: The Virginian-Pilot
DATE: March 8, 1998
SECTION: Local, Pg. B7
BYLINE: Louis Hansen
DATELINE: Virginia Beach, Virginia
ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: John Shick and Hal Levenson, leaders, Citizens Concerned About Jet Noise; Tom Pearson, resident.

The Virginian-Pilot reports that the proposal to relocate the Hornets, the U.S. Navy's jet squad, to the Virginia area is still unpopular.

According to the article, the complaints have changed little - the jets are too loud, too frequent, disruptive - but now, at least, they have a forum. With just weeks until the Navy makes its decision on where to move 11 jet squadrons, nearly 120 residents and one Navy spokesman gathered Saturday morning at Lynnhaven Middle School to discuss the possible addition of 180 F/A-18 Hornets to Oceana Naval Air Station. It is perhaps the last public forum before the Navy chooses a site for the squadrons based at Cecil Field in Florida. Virginia Beach is the leading candidate, and city officials have eagerly embraced the plan.

The article says Navy spokesman Fred Pierson said it is important for the Navy to listen to neighbors' concerns and articulate its plans for Oceana. "Our goals aren't necessarily incompatible," he said. Navy officials estimate the move would bring 12,500 personnel to the region, inject $226 million into the economy, and spark $65 million in road improvements. During an hour-long question-and-answer period, most residents said the Navy has been a good neighbor, but they want their voices heard in future decisions about air traffic. Suggestions included better monitoring of neighborhood noise levels, fewer practice landings, and improved noise -abatement equipment at the base. Another concern was lack of disclosure by Realtors who are selling homes in the impact area. Pierson said the Navy supports greater disclosure, too.

The article explains how the meeting was organized by a grass-roots group, Citizens Concerned About Jet Noise. Group leaders John Shick and Hal Levenson met with Navy officials Thursday to discuss quality of life in affected areas. Shick said it was the beginning of a series of positive talks he hoped would become monthly meetings. "That's really a great start to get a dialogue going," said Shick, a retired Navy captain. Among the concerned residents was Tom Pearson, a disabled mechanic who lives in Magic Hollow, a neighborhood near Oceana. Pearson has been diagnosed with cancer, and soon will begin a second round of chemotherapy. He worries that the added air traffic will disrupt his sleep and rehabilitation. "We can barely hear the television now," he said. "It's going to be impossible for me to get any rest." Although he believes the Navy has been a good neighbor, he would like the service to heed input from homeowners in the impact zone. "They're not taking into account our quality of life." The group's next meeting will be at 10 a.m. on Saturday, April 4, in Lynnhaven Middle School. The draft environmental impact statement is expected to be released within two weeks. The Navy will make its decision in April.

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Noise Pollution is Many Americans' Biggest Pollution Problem

PUBLICATION: E Magazine
DATE: March 13, 1998
SECTION: No. 2, Vol. 9; Pg. 17; Issn: 1046-8021
BYLINE: Nanette Blanchard
DATELINE: U.S.
ACTIVISTS, INDIVIDUALS, AND GROUPS MENTIONED: Nancy Nadler, director, Noise Center at the League for the Hard of Hearing; Peter Donnelly, organizer, Right To Quiet Society; Les Blomberg, coordinator, Noise Pollution Clearinghouse; Eric Greenspoon, vice president, Citizen's Coalition Against Noise

E Magazine reports that our world is becoming dangerously noisy, with noise pollution and health problems from noise on the rise. The two largest sources of noise pollution, airport and vehicle traffic, are growing at a rate of three to five percent annually, and the most frequent complaint Americans make about their neighborhoods is noise. The article says activists working on noise pollution issues compare the movement today to the campaign against secondhand smoke a decade ago. Like secondhand smoke, they say, noise is both an annoying nuisance and the cause of serious health problems. The article goes on to give an overview of health problems related to noise and to interview several activists involved in the fight against noise.

According to the article, noise was declared to be a significant health threat by the World Health Organization in 1996. About 20 million Americans are exposed to noise levels that can lead to psychological and physiological damage. People are exposed to dangerous levels of noise at jobs in manufacturing, agriculture, mining, construction, and forestry, and during leisure activities involving recreational vehicles, firearms, or loud music. The article explains that noise can cause not only hearing loss, but also stress, high blood pressure, sleeplessness, distraction, and lowered work productivity. Nancy Nadler, director of the Noise Center at the League for the Hard of Hearing, says, "In general, sustained exposure to noise above 85 decibels, over time, will cause permanent hearing loss and the louder the sound, the less time before hearing damage can occur. Remember though, that noise does not have to be loud to affect us. Studies have indicated that noise causes physiological changes in sleep, blood pressure and digestion." An estimated 10 million Americans currently suffer from hearing loss that's partly attributable to a noisy environment, the article says. In addition, the article reports, noise affects social behavior and cognitive development. A 1997 Cornell University study found that children exposed to frequent airplane noise don't learn to read as well as other children. Kids tune out human voices when there is excessive background noise, which interferes with their ability to learn language skills. Researchers also speculated that teachers and parents are likely to be less willing to speak or read aloud when background noise is high.

The article goes on to say that according to Peter Donnelly of the Right To Quiet Society, noise is a problem "because it is driving people crazy." He said, "It's one of the most insidious forms of pollution. It is inescapable; it pursues us even into our homes and causes stress 24 hours a day." Donnelly added, "On a personal level, we all need to take acoustic responsibility. I think it's an amazing irony that for the sake of keeping a tidy and presentable front yard, a homeowner will take out a leaf blower that shatters the peace of the entire neighborhood. Noise is garbage, and we should be as careful about where we put it as we are about where we throw our candy wrappers -- a lot more careful in fact, because noise is a lot more hurtful than litter."

The article goes on to explain that many anti-noise groups focus mainly on health and psychological issues, but the Noise Pollution Clearinghouse focuses on civil liberties and helping activists. Les Blomberg, the Clearinghouse coordinator, says, "Noise is an affliction suffered by people who have no part in creating it. Like second-hand smoke, second-hand noise is a major sovereignty issue. The air into which noise is emitted is a 'commons,' a public good or resource that nobody owns." The article notes that the Clearinghouse's web-site (www.nonoise.org) includes thousands of news stories about lawsuits and community battles over noise, as well as resources for activists working on noise issues. The Clearinghouse, for example, helps people deliver testimony and comments to commissions, zoning boards, and city councils. According to Blomberg, "You don't need to be an expert to know that noise has negative effects. What is lacking is the ability of local communities and groups to take on the big polluters with vested interests in continuing to pollute, whether they be a local quarry or the airline industry."

The article notes that in 1972, Congress put the Environmental Protection Agency (EPA) in charge of noise pollution. Under that effort, federal noise standards for businesses, industries, and communities were established, and research was started. But, the article says, in 1982, the EPA's Noise Abatement and Control office's funding was pulled, and hundreds of similar state and local programs died along with it. Currently, the Quiet Communities Act (HR 536), which would re-establish the EPA's noise office, is slowly moving through Congress. But some activists, like Les Blomberg, criticize the bill, saying it is "exceedingly weak and under-funded" and "would just create a huge bureaucracy."

Eric Greenspoon, vice president of Citizen's Coalition Against Noise, says solutions to noise pollution aren't always complicated or expensive. He said, "Most neighborhood noise problems could easily be solved if people would simply be more considerate of their fellow neighbors and use adequate sound insulation in their homes." Greenspoon recommends demanding quieter products, avoiding the use of noisy power tools (especially snow blowers and leaf blowers), asking police to enforce laws against un-muffled motor vehicles, using adequate hearing protection when exposed to noise, and joining an anti-noise group.

The article notes that April 29th is the third annual International Noise Awareness Day. The article also lists the following addresses for the noise groups mentioned in the article: Noise Pollution Clearinghouse, PO Box 1137, Montpelier, VT 05601-1137, 888-200-8332; Right To Quiet Society, No. 359, 1985 Wallace Street, Vancouver, BC V6R 4H4, Canada, 604-222-0207; League for the Hard of Hearing's Noise Center, 71 West 23rd Street, New York, NY 10010-4162, 212-741-7650.

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