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August 9, 2011
LIBERTY TOWERS, LLC. PLAINTIFF ,v.ZONING HEARING BOARD OF THE TOWNSHIP LOWER MAKEFIELD, BUCKS COUNTY, PENNSYLVANIA, ET AL. DEFENDANTS .
The parties have fully briefed cross motions for summary judgment. Presently before the Court is Defendant Nathan M. Edelstein's Motion For Summary Judgment (Doc. 25); Defendant Lauren Templeton's Motion For Summary Judgment (Doc. 27)*fn1 ; Defendant Lower Makefield Township's Motion For Summary Judgment (Doc. 29); Plaintiff Liberty Towers, LLC's Motion For Summary Judgment (Doc. 30); and all Responses in Opposition thereto. (Docs. 31-34) After careful consideration of the parties submissions and exhibits thereto and for the reasons set forth below the Court concludes that the Board's denial of Plaintiff's application for a use variance does not violate the Telecommunications Act. Specifically, the Court finds that (1) the Board's decision was supported by substantial evidence and (2) the Board's decision did not prohibit, or have the effect of prohibiting the provision of wireless services. Accordingly, the Court grants Defendant Lower Makefield Township's Motion For Summary Judgment.
The instant action is an appeal of the Zoning Hearing Board of Lower Makefield Township's denial of Plaintiff's zoning applications, by which Plaintiff was seeking a use variance to construct a wireless communication facility in a R-3M Zoning District, a single family residential district. The issue before the Court is whether the Zoning Hearing Board's denial of Plaintiff's application constitutes a violation of the Telecommunications Act of 1996, 47 U.S.C.§ 332(c) (2010).
Plaintiff, Liberty Towers, LLC ("Liberty"or "Liberty Towers") asserts a claim against Defendant, Zoning Hearing Board of the Township of Lower Makefield ("the Zoning Hearing Board" or "Board") pursuant to the Telecommunications Act of 1996, 47 U.S.C.§ 332(c) (2010) ("the TCA"or "the Act"). Liberty alleges that the Board's denial of Plaintiff's application for a use variance to construct a wireless telecommunication tower constitutes a violation of the TCA because it has the effect of prohibiting the provision of wireless communications service. Additionally, Plaintiff alleges that the Board's denial was not supported by substantial evidence, was arbitrary, capricious and abuse of discretion and thus contrary to the requirements of section 332 (c)(7)(B)(iii) of the Act.
Plaintiff initiated the instant action with the filing of a Complaint on April 15, 2011. (Doc.1) On May 6, 2010, Nathan Edelstein filed a Motion to Intervene as a defendant in the instant action. (Doc. 3) Thereafter, on May 11, 2010, and May 12, 2010, Lauren Templeton and Lower Makefield Township each filed a Motion to Intervene as a defendant in this action. (Docs. 4, 5) By Order entered on June 12, 2010, the Court granted each of the respective motions. (Doc. 8) Defendant Templeton filed an Answer to Plaintiff's Complaint on June 25, 2010. (Doc.10)
In response to Plaintiff's Complaint, Defendant Lower Makefield Township filed a Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12 (b)(6) on June 18, 2010. (Doc. 9). On July 16, 2010, Defendant Edelstein filed a Motion to Dismiss For Lack of Jurisdiction Pursuant to Federal Rule of Civil Procedure 12(b)(1). (Doc. 11) On June 28, 2010, the Court entered an Order an accompanying memorandum denying the motions. (Docs. 17, 18). After a Rule 16 Conference held on January 4, 2011, the Court issued a Scheduling Order in which it directed the parties to file cross motions for summary judgment. (Docs. 23, 24) The Court now addresses the pending motions.
Liberty Towers is a limited liability company registered to do business within the Commonwealth of Pennsylvania. (Compl. ¶ 1.) Liberty Towers is in the business of constructing and operating wireless telecommunication facilities. (Compl. ¶ 1.) These facilities are used by Federal Communications Commission ("FCC") licensed providers of wireless services. Defendant, Zoning Hearing Board is a political subdivision of Bucks County, Pennsylvania and is charged with the responsibility of approving or denying applications for use variances to construct wireless communication facilities. Liberty Towers wishes to construct a one-hundred-and-fifty-foot monopole communications tower on the property known as the Brookside Swim Club. (Compl.¶ 6.) The Brookside Swim Club is located in a residential zoning district on Stony Hill Road, Yardley, Pennsylvania.
Pursuant to section 200-28A of Lower Makefield Township's zoning ordinance, a variance is required to permit certain areas, including the area selected by Plaintiff, to be utilized as a site for a wireless telecommunication facility.*fn2 (Compl. ¶ 19.) Accordingly, on July 14, 2009, Liberty Towers submitted a zoning application to the Zoning Hearing Board requesting a use variance to construct the wireless communications tower on the subject property. (Compl. ¶¶ 6, 20.) In support of its application, Plaintiff averred that both Sprint and T-Mobile seek to install communication antennas on the proposed facility.*fn3 (Compl. ¶ 7.) Pursuant to licenses granted by the FCC, Sprint and T-Mobile are authorized to provide wireless communication services. (Compl. ¶¶ 8, 10.) Said licenses require that both companies provide wireless communication services at a level sufficient to offer adequate service to the population within the licensed service areas - namely, Lower Makefield Township.*fn4 (Compl. ¶ 11.) Plaintiff alleges that both companies have identified an area in Lower Makefield Township where there is a significant gap in service. (Compl. ¶15) A gap in service, is an area not covered by wireless signals which results in dropped calls as callers enter the uncovered area. Nextel W. Corp. v. Unity Twp., 282 F.3d 257, 260 n1 (3d Cir. Pa. 2002).
The Zoning Hearing Board held four public hearings on Plaintiff's application for a use variance on October 6, 2009, November 2, 2009, January 13, 2010 and on February 16, 2010. (Compl. ¶ 21) (Board's Findings of Fact, Dec. and Order 1). During these hearings, Liberty Towers avers that it presented evidence in the form of testimony and exhibits demonstrating that T-Mobile has significant gaps in its wireless communication service in Lower Makefield Township. (Compl. ¶
22) Specifically, Liberty Towers presented evidence from several persons accepted as experts by the Board that the T-Mobile service available in the subject area was unreliable and the construction of the proposed wireless telecommunication facility would allow T-Mobile to provide "adequate service" to the residents of Lower Makefield Township pursuant to its FCC licensing requirements. (Compl. ¶ 22) Philip Burtner, P.E., a structural engineer provided testimony regarding the layout and design of the proposed communications tower and its compliance with applicable regulations. (Hr'g Tr. 32: 4-23, Oct. 6, 2009) Through Burtner's testimony the Board confirmed that the proposed one-hundred-fifty-foot tower constructed of galvanized steel would be as close as 400 feet to the nearest residential dwelling. See (Hr'g Tr. 28: 4-11; 48: 23-25, Oct. 6, 2009) Burtner testified that in his opinion the facility would have virtually no impact on traffic. (Hr'g Tr. 30: 22-23, Oct. 6, 2009).
Brian Seidel, a land use planner certified by the American Institute of Certified Planners also testified on behalf of Liberty and opined that Liberty's proposed use of the site was similar to the use of existing facilities. (Hr'g Tr. 69-103, Nov. 2, 2009) Seidel provided testimony concerning a balloon test conducted to demonstrate the height of the tower as it compared to its surroundings. According to the results of the balloon test, the tower would be visible to homeowners in and around the subject area. (Hr'g Tr. 82: 3-23, Nov. 2, 2009) Additionally, Seidel testified that it was his opinion that the proposed facility was the least intrusive alternative, however, he was unaware of what efforts T-Mobile made to acquire other sites.
Bassam Iskander, a radio-frequency engineer, accepted as an expert by the Board on the subject of radio-frequency engineering and the design and operation of wireless communication networks, provided testimony on behalf of Liberty Towers about the gap in coverage for T-Mobile cell phone use. Specifically, Mr. Iskander explained the process conducted by T-Mobile and other wireless carriers to determine whether there is a gap in service in a specific area. In doing so, Mr. Iskander explained that T-Mobile relies on a propagation tool, a software program designed to determine existing network conditions by recording signal strength. (Hr'g Tr. 19: 3-11, Jan. 13, 2010) Iskander explained that the propagation tool's results are tested using a drive test data wherein technicians drive through the subject area and measure T-mobile's wireless communication signal strengths. (Hr'g Tr. 19: 7-24, Jan. 13, 2010) During Iskander's testimony Liberty introduced several exhibits-namely maps, depicting the propagation tool's analysis of the wireless service available in the subject area. Said maps depicted several white areas, which Iskander explained were areas where a person would be unable to reliably place a call.*fn5 (Hr'g Tr. 25: 10-24, Jan. 13, 2010) When asked to further expound on the service available in the "white areas," Iskander testified that "it depends on where you are standing. If you're in a car -- if you are outdoors you might have somewhat fair coverage here. . . . [But,] certainly not good coverage." (Hr'g Tr. 28: 16-25, Jan. 13, 2010)
Plaintiff avers that the white areas encompass a heavily traversed area that includes a portion of Interstate 95, a SEPTA commuter rail line to Philadelphia, and portions of several residential subdivisions. (Pl.'s Br. Summ J. 6) Plaintiff introduced another map depicting the wireless coverage in the subject area assuming the proposed facility was constructed. Iskander testified that in his opinion T-Mobile would be able to provide reliable wireless communications services if the proposed tower were constructed. (Hr'g Tr. 42: 12-22, Jan. 13, 2010)
Intervenor Defendant, Templeton, opposing the grant of the variance, testified that she lived in a community adjacent to the proposed site and is a T-Mobile cell phone user, as is her husband. (Hr'g Tr. 6: 12-13, Feb. 16, 2010) Templeton testified that she was able to place calls on her T-Mobile cell phone, both inside and outside her home on several occasions without incident and without dropped calls. (Hr'g Tr. 15: 3-24, Feb. 16, 2010) In fact, Templeton characterized her cell phone service as good and dependable. (Hr'g Tr. 15: 18-24, Feb. 16, 2010) Moreover, Templeton testified that her husband who often uses his cell phone for business, frequently uses his cell phone in making and receiving phone calls from their basement and has been able to do so without incident and without dropped calls. (Hr'g Tr. 16: 4-19, Feb. 16, 2010) Additionally, Templeton testified that she had a clear and unobstructed view of the balloon test from her home. (Hr'g Tr. 9: 1-9, Feb. 16, 2010). According to Templeton the construction of the tower would have a negative impact on her ability to enjoy her home as it would be visible from virtually every room in the back of her home and would deter her from allowing her children to play outside as much as they would otherwise. (Hr'g Tr. 12: 16-25, Feb. 16, 2010)
On February 16, 2010, after reviewing the evidence, the Board concluded that the quality of existing cellular service within the subject area was sufficient, and that there was therefore no legitimate need for the proposed wireless communications facility. Accordingly, the Zoning Hearing Board issued a written decision and order denying Liberty's application for a use variance. (Compl. ¶ 24). Therein, the Board described the testimony and evidence presented at the hearings. See (Board's Decision. Doc. 29 Ex. 2) In addition to finding that Plaintiff's proposed cell site would not eliminate the coverage gap in Lower Makefield for T-Mobile or other licensed cell carriers (Findings Nos. 6-7), the Board made several specific findings of fact including inter alia:
21. The appellant called Bassem Iskander, a radio frequency engineer who testified as an expert on radio frequency engineering and the design and operation of wireless communication networks.
22. The appellant introduced Exhibit A-11 which is a map depicting T~Mobile existing coverage without the proposed site.
23. Exhibit A-11 was prepared by Mr. Iskander using propagation software which records signal strengths throughout the network.
24. Exhibit A-11 is green, yellow and white in color, with the white area depicting unreliable coverage.
25. The appellant introduced Exhibit A-12 which depicts the same geographic area as Exhibit A-11and depicting coverage assuming the proposed site being operational.
26. Both Exhibit A-11 and A-12 depict the proposed site with a red dot titled IBU8173A.
27. Mr. Iskander used the the same propagation tool for A-12 that he used for A-11.
28. Exhibit A-12 depicts the elimination of a substantial portion of the white (unreliable coverage) area shown on Exhibit A-11.
29. Exhibits A-11 and A-12 only apply to the T-Mobile signal and not Sprint/Nextel.
30. Mr. Iskander testified that he was not aware of how many residents are affected by the unreliable area depicted in white on Exhibit A-11.
31. Mr. Iskander testified that the yellow areas depicted in Exhibits A-11 and A-12 show reliable in-vehicle coverage.
32. Mr. Iskander attempted to define reliable in-vehicle service as corresponding to a signal level set by the industry below which cell phones will not be able to detect that signal and will not be able to make a reliable call. He went on to state that this means that, "you may be able to make one every once in a while."
33. Mr. Iskander indicated that the time of the year, phone manufacturer and natural and manmade obstructions; among other things, all affect signal strength.
34. The essence of Mr. Iskander's testimony concerning reliability of signal strength is in actuality a function of the propagation software, industry benchmarks and complicated mathematical equations.
35. Mr. Iskander testified that his opinion of reliable coverage as depicted in white on Exhibit A-11 and A-12 would not change even if, hypothetically speaking, an individual driving in a car in the white area made in one day 100 successful calls out without interruption and received 50 calls in without interruption, unless that hypothetical individual were standing in the lowest spot in the terrain, in a building in the white area.
42. Mr. Edelstein presented Exhibit E-2 which is a T-Mobile personal coverage- voice document dated January 12, 2010 depicting Lower Makefield and the personal coverage for voice.
43. Mr. Edelstein introduced Exhibit E-3 which depicts an area substantially similar to the area depicted on Exhibit A-11 and again indicates the T-Mobile personal coverage for voice in that area.
44. Both Exhibits E-2.and E-3 depict various levels of coverage based on a color scale.
45. Neither Exhibit E-2 nor Exhibit B-3 depict any area in white which would be coverage classified as none.
(Board's Findings of Fact 3-5)
The Board also provided a brief description of the standards required to grant a use variance. (Board.'s Decision 6) It then denied Plaintiff's request for a variance reasoning that the evidence presented by Plaintiff showed that there were still white (unreliable coverage) areas on the map of the proposed site, even after installation of the communication tower. Id. The Board went on to note that the decision to deny the variance turned on the applicable definition of reliable coverage. Id.
The Board reasoned that because calls were able to be both made and received while in the white area, reliable coverage could not be characterized as nonexistent. See id. Also integral to the Board's decision was the testimony given by Mr. Seidel, Plaintiff's land planning expert, that the subject location could be used as zoned and could continue to be used as zoned absent the grant of a variance. Id. at 7. Finding that there was no evidence of hardship absent the grant of the variance, the Board concluded there was no legal justification upon which it could rely in granting Plaintiff's application for a use variance. Id. Despite making this decision the Board conceded that wireless coverage would be improved if the communication facility was installed. Id.
On April 15, 2010, Liberty appealed the Zoning Hearing Board's denial of its application for a variance in the Bucks County Court of Common Pleas. At this same time, Liberty Towers commenced an action in this Court, asserting that the denial of its application for a use variance was a violation of the TCA. Count I of Plaintiff's Complaint alleges that the Board's denial of Liberty Tower's application had the effect of prohibiting the provision of personal wireless service, contrary to the requirements of 42 U.S.C. § 332(c)(7)(B)(i)(II). (Compl. ¶ 31) Count II of Plaintiff's Complaint alleges that the Board violated the requirement of 47 U.S.C.§ 332(c)(7)(B)(iii), in that the Board's decision was not supported by substantial evidence contained. (Compl. ¶ 34)
Summary judgment is appropriate where the movant establishes that "there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986); Levy v. Sterling Holding Co., LLC, 544 F.3d 493, 501 (3d Cir. 2008). The threshold inquiry is whether there are "any genuine factual issues that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250 (1986) (noting that no triable issue exists unless there is sufficient evidence favoring the nonmoving party for a jury to return a verdict in its favor). See also Dee v. Borough of Dunmore, 549 F.3d 225, 229 (3d Cir. 2008). The moving party must show that if the evidentiary material of record were reduced to admissible evidence in court, it would be insufficient to permit the non-moving party to carry its burden of proof. See Celotex, 477 U.S. at 327 (1986).
Once the movant has carried its burden under Rule 56, "its opponent must do more than simply show that there is some metaphysical doubt as to the material facts." Scott v. Harris, 550 U.S. 372, 380 (2007) (quoting Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986)). Under Rule 56(e), the opponent must set forth specific facts showing a genuine issue for trial and may not rest upon the mere allegations or denials of its pleadings. See Martin v. Godwin, 499 F.3d 290, 295 (3d Cir. 2007). If the opposing party does not so respond, summary judgment should, if appropriate, be entered against that party." Fed. R. Civ. P. 56(e)(2). At the summary judgment stage, the court's function is not to weigh the evidence and determine the truth of the matter, but rather to determine whether there is a genuine issue for trial. See Anderson, 477 U.S. at 249; Jiminez v. All American Rathskeller, Inc., 503 F.3d 247, 253 (3d Cir. 2007). In doing so, the court must construe the facts and inferences in the light most favorable to the non-movant. See Matsushita, 475 U.S. at 587; Horsehead Indus., Inc. v. Paramount Commc'ns, Inc., 258 F.3d 132, 140 (3d Cir. 2001). The court must award summary judgment on all claims unless the non-movant shows through affidavits or admissible evidence that an issue of material fact remains. See, e.g., Love v. Rancocas Hosp., 270 F. Supp. 2d 576, 579 (D.N.J. 2003); Koch Materials Co. v. Shore Slurry Seal, Inc., 205 F. Supp. 2d 324, 330 (D.N.J. 2002).
A. The Telecommunications Act
The United States Court of Appeals for the Third Circuit has described the TCA as an "overhaul of the federal regulation of communications companies." Omnipoint Communications Enters. v. Newtown Township, 219 F.3d 240, 242 (3d Cir.2000). Congress enacted the TCA to provide '"a pro-competitive, de-regulatory national policy framework designed to rapidly accelerate private sector deployment of advanced telecommunications and information technologies and services to all Americans by opening all telecommunications markets to competition.'" APT Pittsburgh Ltd. P'ship v. Penn Twp., 196 F.3d 469, 473 (3d Cir. 1999) (quoting H.R. Conf. Rep. No. 104-458 (1996), reprinted in 1996 U.S.C.C.A.N. 10, 1124)). To that end, Congress set out to reduce "the impediments imposed by local governments upon the installation of facilities for wireless communication, such as antenna towers." City of Rancho Palos Verdes v. Abrams, 544 U.S. 113, 115, 125 S. Ct. 1453, 161 L. Ed. 2d 316 (2005). The Act limits "the ability of local authorities to regulate and control the expansion of telecommunications technologies" by allowing courts to "review telecommunication zoning denials more closely than standard zoning decisions." Newtown Township, 219 F.3d at 242-43. Local zoning authorities, however, retain a considerable amount of power under the Act. Section 332(c)(7)(A) provides that:
Except as provided in this paragraph, nothing in this chapter shall limit or affect the authority of a State or local government or instrumentality thereof over decisions regarding the placement, construction, and modification of personal wireless service facilities. 47 U.S.C. § 332(c)(7)(A). Any person adversely affected by local regulators' final action on a placement, construction, or modification application may seek judicial review in any court of competent jurisdiction. See id. § 332(c)(7)(B)(v).
In this case, Liberty Towers argues that the Board's denial of
Liberty's application violates the TCA because it "has the effect of
prohibiting the provision of personal wireless services," contrary to
the mandates of 47 U.S.C. § 332(c)(7)(B)(i)(II), and was not based on
substantial evidence, was arbitrary and, capricious, and an abuse of discretion,
thus, a violation of § 332(c)(7)(B)(i)(iii) of the Act.*fn6
Upon review of the record and the parties' submissions, the
Court concludes that Liberty Towers has not proven a violation of the
B. Substantial Evidence Standard
At issue here is whether the Board's Decision was supported by "substantial evidence" contained in a written record as required by the Act. 47 U.S.C. § 332(c)(7)(B)(iii). "The TCA's substantial evidence test is a procedural safeguard which is centrally directed at whether the local zoning authority's decision is consistent with the applicable zoning requirements." Omnipoint Communications MB Operations, LLC v. Town of Lincoln, 107 F. Supp. 2d 108, 115 (D. Mass. 2000)). Congress intended that the substantial evidence requirement of the TCA be equivalent to "'the traditional standard used for judicial review of agency actions.'" Cellco Pshp. v. Hess, 1999 U.S. Dist. LEXIS 3745 (E.D. Pa. Mar. 30, 1999) (citing Bellsouth Mobility Inc. v. Gwinnett County, 944 F. Supp. 923, 928 (N.D. Ga. 1996). "The test is fairly deferential to the opinion of the zoning authority and a reviewing court is not free to substitute its own judgment for that of the local authority, even if the reviewing court would have decided the issue differently as an original matter." Omnipoint Communications, 107 F. Supp. 2d at 115. (citations omitted) A reviewing court will uphold a local zoning board's authority so long as there is "more than a mere scintilla" of evidence Alexander v. Shalala, 927 F. Supp. 785, 791 (D.N.J. 1995) (defining substantial evidence as "more than a mere scintilla, but may be less than a preponderance") (citation omitted), aff'd, 85 F.3d 611 (3d Cir. 1996). See also Pierce v. Underwood, 487 U.S. 552, 565, 101 L. Ed. 2d 490, 108 S. Ct. 2541 (1988) (noting that a "large or considerable amount of evidence" is not required).
In applying the substantial evidence standard to evaluate a local zoning authority's decision, a court must consider the record in its entirety, including contrary evidence. Penobscot Air Servs. v. FAA, 164 F.3d 713, 718 (1st Cir. 1999) "However, the possibility of drawing two inconsistent conclusions does not mean that the zoning authority's decision is not supported by substantial evidence . . . . " Omnipoint Communications, 107 F. Supp. 2d at 115 (citing Penobscot Air, 164 F.3d at 718) The relevant inquiry under the substantial evidence standard is "whether a zoning authority's denial is based on 'such relevant evidence as a reasonable mind might accept as adequate to support a conclusion,' or whether it is based upon unsubstantiated conclusions.'" Omnipoint Communications, 107 F. Supp. 2d at 115 (quoting Cellular Tel. Co. v. Town of Oyster Bay, 166 F.3d 490, 494 (2d Cir. 1999)). Applying this standard to the facts of the case at bar, the Court concludes that reasonable minds would find adequate evidentiary support for the Board's denial of Plaintiff's application.
C. Liberty Tower's Motion for Summary Judgment
Liberty Towers argues that it is entitled to summary judgment for the following two reasons:
(1) the decision by the Zoning Hearing Board to deny Plaintiff's request for zoning relief is not supported by "substantial evidence," as required by section 332(c)(7)(B)(iii) of the TCA; and (2) the Zoning Hearing Board's decision had the effect of prohibiting wireless service in Lower Makefield Township, in violation of section 332(c)(7)(B)(i)(II).
In support of its first argument, Liberty argues that the Board's decisions fails to adhere to the substantial evidence standard in four distinct ways:
1. The decision ignores key evidence and fails to reconcile it with the evidence on which the decision is based. (Pl. Br. in Supp. of Mot. for Summ. J. 11.)
2. The decision departs from the substantial evidence standard because it seizes upon one part of Mr. Iskander's testimony without reconciling it with the remainder of his testimony and the other evidence produced by Liberty. (Pl. Br. in Supp. of Mot. for Summ. J. 12.)
3. The decision fails to comply with the substantial evidence standard because it rejects Mr. Iskander's expert testimony regarding the unreliability of T-Mobile's coverage without explanation. (Pl. Br. in Supp. of Mot. for Summ. J. 13.)
4. The decision falls short of the substantial evidence standard because it rejects Mr. Iskander's uncontested expert testimony in favor of the Board's own credibility determinations, speculation and lay opinion. (Pl. Br. in Supp. of Mot. for Summ. J. 14.)
Secondly, Plaintiff argues that the Board's decision has the effect of prohibiting the provision of personal wireless services in Lower Makefield Township. (Pl. Br. in Supp. of Mot. for Summ. J.
15.) Liberty argues that it has demonstrated the existence of a significant gap in wireless coverage in the subject area, and that the existence of such gap is determined from the perspective of the applicant wireless carrier, not an individual user of wireless telecommunications services. (Pl. Br. in Supp. of Mot. for Summ. J. 17, 19.) In support, it contends that a showing that T-Mobile presently experiences a significant gap in its coverage in the Township, several miles long and a half-mile wide, covering Interstate 95, a SEPTA commuter line and a number of residential subdivisions, is sufficient. (Pl. Br. in Supp. of Mot. for Summ. J. 21.) Further, Liberty argues, evidence that an individual user is able to access the national telephone network from within the gap is not relevant to whether the gap is significant; the proper inquiry is whether T-Mobile experiences a gap in its own coverage, regardless of whether other carriers provide service in the same area. (Pl. Br. in Supp. of Mot. for Summ. J. 23.) Finally, Liberty argues that its proposed means of filling the significant gap in coverage is the least intrusive on the values the denial of its application sought to serve. (Pl. Br. in Supp. of Mot. for Summ. J. 23-24.)
C. Lower Makefield Township's Motion For Summary Judgment
Defendant, Lower Makefield Township, argues that an examination of the record reveals that Liberty has completely failed to establish any of the five criteria for obtaining a use variance. (Def. Township Mot. for Summ. J. 10.) The Township argues that Liberty made no legitimate effort to establish that the property cannot be used as zoned or that continuing with the same use would present a hardship. (Def. Township Mot. for Summ. J. 10.)
The Township further argues that Liberty's contention, that there was a gap in service for T-Mobile, is an attempt to override the Township's zoning ordinance in favor of the provisions of the Telecommunications Act. (Def. Township Mot. for Summ. J. 11.) In support, it argues that, even assuming Liberty established that T-Mobile had a gap in coverage, Liberty failed to present any testimony regarding a gap in coverage for Sprint, another provider of telecommunications coverage in the area. (Def. Township Mot. for Summ. J. 11.) The Township further argues that Liberty must meet the burden of proving that a cell tower is needed in the subject area by showing that, otherwise, cell phone companies could not provide telecommunications services. (Def. Township Mot. for Summ. J. 13.) It argues that once a provider has some general coverage in an area, which it claims T-Mobile provides, even if certain "dead zone" holes exist, there is no significant gap. (Def. Township Mot. for Summ. J. 13.)
Turning to the substance of the evidence presented in support of Liberty's contention that there is a gap, the Township attacks the testimony presented by Mr. Iskander's, Liberty's expert on radio-frequency in several ways. First, the Township argues that Iskander's testimony never made an attempt to quantify or calculate actual calls but merely relied on a "drive test" performed by unidentified technicians. Moreover, the Board was provided with a summary of said tests and not the actual data. Secondly, the Township asserts that Iskander was unaware of the number of residents or homes allegedly affected by the 'gap'. Third, the Township argues that Liberty employed a subjective standard to determine reliability, a standard which was chosen by T-Mobile. According to the Township said standard was created by the telecommunication industry and is neither a legal nor an administrative standard. Last, Iskander in fact acknowledged that there is reliable service outdoors at the subject location. (Def. Township Mot. for Summ. J. 14.) The Township contends that Mr. Iskander's testimony simply establishes that there are dead spots in the disputed area, which does not equate to a significant gap in coverage.
The Township also argues that, even if Liberty had demonstrated a significant gap in coverage, that alone does not justify a finding that the Board had committed an error of law. (Def. Township Mot. for Summ. J. 15.) It argues that the denial of an application for a particular site is not enough to prove that there has been a violation of the "effects clause" of the TCA, Liberty had a duty to develop the record to demonstrate that they had made a full effort to evaluate other available alternatives in the Township, and to establish that those alternatives were not feasible to service its clients, which the Township claims Liberty failed to do. (Def. Township Mot. for Summ. J. 15-16.)
D. Intervenor Defendant Edelstein's Motion for Summary Judgment Joined by Intervenor Defendant Templeton
Intervenor Defendant, Edelstein argues that Plaintiff has failed to satisfy Lower Makefield Township's zoning ordinance requirements for a use variance, has presented no evidence that there was a significant gap in Sprint's cell phone coverage, and has failed to prove that T-Mobile has been prohibited from providing cell phone service in the "white area" and, to the contrary, T-Mobile's cell phone service in the "white area" is strong and reliable.
In support of his first basis for summary judgment, Edelstein argues that Plaintiff has failed to prove that: (1) there are unique physical circumstances or conditions and that the unnecessary hardship is due to such conditions; (2) that because of such conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning ordinance and the authorization of a variance is therefore necessary to enable reasonable use of the property; (3) that such unnecessary hardships have not been created by the appellant; (4) and that the variance, if authorized, would represent the minimum variance which will afford relief and the least modification possible of the regulation in issue. (Def. Edelstein Mot. for Summ. J. 13.) Edelstein further argues that the consideration of adverse aesthetic impacts on a residential neighborhood is relevant in cell tower cases. (Def. Edelstein Mot. for Summ. J. 25-27.)
Edelstein argues that T-Mobile does provide service within the alleged "significant gap." (Def. Edelstein Mot. for Summ. J. 16-23, 32-34.) Edelstein also argues that no witness was provided, nor evidence presented, that Sprint does not provide coverage within the gap area, but does not provide any witnesses or evidence of his own to the contrary. (Def. Edelstein Mot. for Summ. J. 27-28.) Edelstein contends that, pursuant to explicit FCC regulations and the Courts of Appeal, localized areas allegedly receiving lower signal strength, located within a community where service is provided, are specifically presumed to have service and do not constitute a significant gap in service. (Def. Edelstein Mot. for Summ. J. 29-31.) Edelstein reiterates the Township's arguments that mere dead spots do not constitute a significant gap in coverage, that Plaintiff must demonstrate that it has made a full effort to evaluate other available alternatives, and that the Plaintiff must use the means least intrusive on the values that the denial sought to serve. (Def. Edelstein Mot. for Summ. J. 34-36.)
E. The Board's Decision Was Supported by Substantial Evidence
The Court finds that the Board's decision to deny Liberty's application for a use variance to construct a the wireless communication facility in a residential zone was supported by substantial evidence. The Court's decision does not turn on any single factor that the Board may have found weighed against approving the proposed facility. The Board considered the evidence presented by Liberty's witnesses including that provided by Mr. Bassam Iskander, Liberty's radio-frequency expert, and concluded that Liberty failed to satisfy the requirements for a use variance. In making this conclusion, the Board reasoned that Liberty's contention that T-mobile has a "significant gap" in service rests solely on a subjective standard set by the very industry seeking to utilize the proposed tower.
Here, Intervenor Defendant Templeton testified that she and her husband reside in a community adjacent to the proposed site and are able to both place and receive calls from their home without incident. Of particular import to the Board's decision was the evidence and testimony that was notably absent from the hearing. For example, in its motion for summary judgment, the Township points out that Seidel, Liberty's land use planning expert failed to provide any testimony to support the contention that the first three requirements of the Township's zoning ordinance would be satisfied. Namely - Mr. Seidel did not contend in any way that there was any unique physical circumstances or conditions, irregularities, narrowness or shallowness of the lot size or shape or any exceptional topography or other physical conditions peculiar to this particular property. Also, Mr. Seidel did not assert that there was no possibility that the property could be developed in conformity with the Zoning Ordinances because of physical circumstances or conditions. Moreover, notably lacking was any testimony that there was an unnecessary hardship associated with the subject area such that a variance needed to be granted.
Additionally, the Board was not persuaded that there was a "significant gap" in reliable service as the standard used by Liberty in advancing this argument, is a subjective one, established by those in the wireless service industry. Furthermore, Mr. Iskander, Liberty's expert on radio-frequency conceded that there was no agreed-upon definition of "reliability." Additionally, the Board was influenced by the fact that Liberty did not present the actual data from the reliability tests but rather introduced a summary of said tests which appeared in the form of two maps depicting cell phone coverage in the subject area, one with the proposed tower and one without. See (Hr'g Tr. 66: 10-22, Jan. 13, 2010) During Iskander's testimony the Board learned that he did not quantify the actual calls that were received, the number of calls that were not received nor how often calls were "dropped." Furthermore, T-mobile failed to present any evidence of the number of residents nor homes that were affected by the alleged gap in wireless service. (Hr'g Tr. 68: 16-21, Jan. 13, 2010) Additionally, Based upon Iskander's testimony and the other evidence introduced at the hearing the Board reasoned that there was insufficient evidence to support Liberty's contention that there was a significant gap in service absent the grant of a use variance for construction of a tower.
Moreover, the Board properly considered the objections of local residents who opposed the construction of Liberty's proposed wireless tower on the grounds that it would be aesthetically unappealing and inconsistent with the residential character of the neighborhood, and would therefore likely lead to declining property values in the area. In fact, the Board heard testimony from James Webb, a residential appraiser who testified that the proposed facility would cause a serious detriment to the value of the homes in the subject area. (Hr'g Tr. 26: 3-11, Feb. 16, 2010) According to Webb, cell phone towers are perceived to be a health risk and a sight problem. (Hr'g Tr. 26: 12-14, Feb. 16, 2010) Because of these perceptions, Webb opined that most prospective homeowners will decline to purchase a home next to a tower whenever possible. (Hr'g Tr. 26: 22-24, Feb. 16, 2010) Such objections to the proposed facility are clearly part of the record and were appropriately considered by the Board when it denied Liberty's request for a use variance. Where a residential neighborhood is involved, courts have held that residents' concerns that telecommunications towers will lower property values are reasonable objections that the local Board is expected to consider. See Cellco P'ship v. Bd. of Supervisors, No. Civ. A. 7:04 CV 00029, 2004 WL 3113188, at *5 (W.D.Va. July 2, 2004).
The Court finds that the testimony and evidence introduced during the hearing supports a finding that the Board's decision was based on substantial evidence. The Board made its decision on both the weight and substance of the evidence introduced during the hearings and as a result of the evidence that was lacking.
F. The Zoning Hearing Board's Denial of Liberty's Application Does Not Prohibit Nor Have the Effect of Prohibiting the Provision of Wireless Services
Finally, Liberty asserts that the Board's decision violated § 332(c)(7)(B)(i)(II) of the Act, which provides that local zoning authorities "shall not prohibit or have the effect of prohibiting the provision of personal wireless services." Id. Yet, again, this Court does not agree. The TCA "does not define what constitutes prohibitive effect." Nextel, 282 F.3d at 265. However, the Third Circuit, has set forth a two-pronged inquiry for evaluating whether a cellular provider has demonstrated a violation of the TCA's "effect of prohibiting" limitation on local zoning authority. First, a cellular service provider "must show that its facility will fill an existing significant gap in the ability of remote users to access the national telephone network." APT, 196 F.3d at 480 (emphasis added). "Because the relevant gap in the significant gap inquiry is a gap in the service available to remote users, providers must include evidence that the area the new facility will serve is not already served by another provider." American Cellular Network Co., LLC v. Upper Dublin Tp. 203 F.Supp.2d 383, 389 (E.D.Pa.,2002) (internal quotations and citations omitted)
In Cellular Tel. Co. v. Zoning Bd. of Adjustment of the Borough of Ho-Ho-Kus, 197 F.3d 64, 70 (3d Cir.1999), the Third Circuit explained that a "gap" in personal wireless services exists "when a remote user of those services is unable either to connect with the land-based national telephone network, or to maintain a connection capable of supporting a reasonably uninterrupted communication." Id. at 70. The Third Circuit did not however opine on what constitutes a "significant gap" in wireless service. In American Cellular Network Co.,the district court reasoned that "[a]lthough there surely can be no hard-and-fast percentage of failed calls to define a significant gap, the Court concludes that a line of demarcation falling somewhere between 1.96% and five-to-seven percent is a reasonable interpretation of the TCA." American Cellular Network Co.,203 F.Supp.2d at 394.
The second prong of the "effect of prohibiting" inquiry under the TCA requires a cellular provider to demonstrated "that the manner in which it proposes to fill the significant gap in service is the least intrusive on the values that the denial sought to serve." APT, 196 F.3d at 480. To satisfy this prong, the cellular provider must show "that a good faith effort has been made to identify and evaluate less intrusive alternatives, e.g., that the provider has considered less sensitive sites, alternative systems designs, alternative tower designs, placement of antennae on existing structures, etc." Id.
Cases in this Circuit evaluating whether a cellular provider has established a 'significant gap' demonstrate that determining whether a gap in service is significant involves at least two sub-questions." . . . [First, t]he Court must ask: has the cellular provider established that the quality of cellular service is sufficiently poor so as to rise to the level of a 'significant' gap? . . . "The second question relates to the scope of the gap-that is, how many users are affected by the gap, or how large an area is in the gap. The Court must ask: has the cellular provider established that the purported gap in service affects a large enough number of users so as to constitute a 'significant' gap?
New Cingular Wireless PCS, LLC v. Zoning Hearing Bd. of Weisenberg Tp. 2009 WL 3127756, at * 7 (E.D.Pa. 2009).
In attempt to establish that there is a "significant gap" in wireless service in the subject area, Liberty Towers relied on the testimony of Mr. Bassam Iskander, Liberty's radio-frequency engineer. Iskander's testimony focused on a "drive test" conducted with a propagation software tool. Iskander explained that the results of the drive test demonstrated that there were pockets of areas with unreliable service, namely, white areas. Applying the two part inquiry here, the Court finds that Liberty Towers failed to demonstrate that the quality of wireless service was sufficiently poor so as to warrant a finding that there is a "significant gap" in wireless service. Liberty Towers did not present any data quantifying the number of dropped calls that occur within the subject area. See Omnipoint Communications Enters. v. Zoning Hearing Bd. of Easttown Township, 189 F.Supp.2d 258, 263-65 (E.D.Pa. 2002)(analyzing number of dropped calls, instances of no service, and signal strength); Cellular Tel. Co. v. Zoning Bd. of Adjustment of Borough of Harrington Park, 90 F.Supp.2d 557, 565 (D.N.J.2000) (analyzing percentage of dropped calls). Rather, unlike Plaintiffs in American Cellular Network Co., Omnipoint Communications and Harrington Park, Liberty did not introduce any information demonstrating the percentage of dropped calls or the call failure rate. However, Liberty presented two maps one, depicting the "white areas" as they currently existed and the other depicting the service that would be available if Liberty were allowed to construct the proposed tower. This summary did not present actual data but merely a summary of the drive test data. The existence of a dead spot in any given area does not automatically equate to a violation of the TCA. "The TCA does not require that wireless services provide one hundred percent (100%) coverage in a given area, and in recognition of this, federal regulations contemplate the existence of "dead spots"defined as "small areas within a service area where the field strength is lower than the minimum level for reliable service." New Cingular Wireless PCS, LLC, 2009 WL 3127756, at * 8 (citing 47 C.F.R. § 22.99).
Without a percentage or a numerical value this Court cannot say that Liberty established that there is a significant gap in service in Lower Makefield Township. The Court finds it necessary to note that Liberty's contention that T-mobile experiences a "significant gap" in service cannot in an of itself trigger a violation of the TCA's "effect of prohibiting" provision as "the significant gap inquiry requires a showing that all providers experience a gap in service." New Cingular Wireless PCS, LLC, 2009 WL 3127756, at * 8 (emphasis added). Finding that Liberty has failed to established the first prong of the inquiry the Court declines to address the second prong. The Board's decision to deny Liberty's request for a use variance was in no way a violation § 332(c)(7)(B)(i)(II). The decision in question was in no sense a blanket prohibition, but was an individual zoning decision on a particular area.
Having found that Defendant Zoning Hearing Board has not violated any of the provisions of the TCA, the Court will grant Defendant Lower Makefield Township's motion for summary judgment and will, accordingly, deny Plaintiff's motion.
An appropriate Order follows.
Hon. Petrese B. Tucker, U.S.D.J.
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decided: January 27, 1978.
CHARLES E. GEESEY, PETITIONERv.COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT
Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Charles E. Geesey, No. B-132462.
Charles E. Geesey, appellant, for himself.
Susan Shinkman, Assistant Attorney General, with her Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.
Judges Crumlish, Jr., Mencer and Blatt, sitting as a panel of three. Opinion by Judge Mencer.
[ 33 Pa. Commw. Page 377]
Charles E. Geesey (claimant) appeals from a decision of the Unemployment Compensation Board of Review (Board) finding him guilty of willful misconduct and thus ineligible for unemployment benefits under Section 402(e) of the Unemployment Compensation Law (Act), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 802(e). We affirm.
Claimant was employed by Thonet Industries (employer) as an upholsterer. Beginning January 31, 1975, claimant took a medical leave of absence to undergo surgery. There is a dispute as to whether or not the claimant ever contacted his employer following his release from the hospital. In August 1975, the employer contacted claimant's physician, Dr. Wesley Stick. Dr. Stick informed the employer that he had advised the claimant he could return to work in April 1975. Upon receiving this information, the employer discharged the claimant.
Two hearings were held before a referee at which claimant attempted to prove that he had not been cleared by Dr. Stick to return to work until September 1975 and that he had at all times kept his employer informed of his medical status. However, Dr. Stick testified that he had indeed cleared the claimant to return to work in April 1975. In addition, representatives of the employer testified the claimant never advised the appropriate office of his physical condition after March 1975. The Board rejected the claimant's contentions, finding that the claimant had been cleared by his physician to return to work in April
[ 33 Pa. Commw. Page 378]
and that he failed to contact his employer at any time thereafter. The Board concluded that the claimant was guilty of willful misconduct.
Willful misconduct has been defined to include a disregard of standards of behavior which the employer has the right to expect of his employees. Homony v. Unemployment Compensation Board of Review, 11 Pa. Commonwealth Ct. 142, 312 A.2d 77 (1973). An employer has a right to expect an employee who is on sick leave to report back to work when cleared to do so by his physician or at least to notify his employer of his reasons for failing to return. Cf. Homony, supra (failure to contact employer during seven-month absence following injury constituted willful misconduct). Thus, the Board's findings, if allowed to stand, support its conclusion that claimant was ineligible for unemployment benefits.
The Board's findings of fact are conclusive if supported by substantial evidence. See, e.g., Emgee Engineering Co. v. Unemployment Compensation Board of Review, 30 Pa. Commonwealth Ct. 290, 373 A.2d 779 (1977); Unemployment Compensation Board of Review v. Moran, 21 Pa. Commonwealth Ct. 387, 346 A.2d 591 (1975). Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Rabinowitz v. Unemployment Compensation Board of Review, 15 Pa. Commonwealth Ct. 51, 324 A.2d 825 (1974). The fact that there is conflicting evidence does not mean that there is no substantial evidence to support a finding; it is the function of the Board, and not of the Court, to resolve questions of credibility and conflicts in testimony. See, e.g., Meneely v. Unemployment Compensation Board of Review, 28 Pa. Commonwealth Ct. 613, 369 A.2d 506 (1977). We conclude that the testimony of Dr. Stick and of the employer's representatives is such evidence as a reasonable mind might accept as adequate to support
[ 33 Pa. Commw. Page 379]
the relevant findings. Therefore, we must affirm the Board's denial of benefits.
And Now, this 27th day of January, 1978, the order of the Unemployment Compensation Board of Review, dated July 9, 1976, denying unemployment benefits to Charles E. Geesey, is hereby affirmed.
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An industry leader argues that it's good to keep the "dinosaurs" on their toes.
DJ Patil, the Obama administration's top data scientist, believes open data has the power to help reveal and remediate social problems, but the data doesn't mean much without a mission behind it.
The 133 Cyber Mission Force teams called for in DOD's Cyber Strategy have reached initial operating capability, but the U.S. military is still a long way from being able to dominate the cyber domain.
No matter who wins the election, there are key opportunities to expand on current efforts to secure and defend federal networks and critical infrastructure.
A raft of public/private initiatives to combat online tax fraud are beginning to show results, according to the IRS.
FBI cautioned private industry that the immense DDOS attack that brought down internet services across a wide swath of the U.S. in October will persist.
DOD CIO says a range of U.S. allies have agreed to pursue a "single identity standard," and that Common Access Cards will not be that solution.
The new head of the Army Cyber Command says the command has made significant progress in recent years, but needs to focus on identifying and recruiting new talent and making training programs more realistic for cyber forces.
The Obama administration has launched a central code resource for digital tool development as part of its open source software policy.
It's Critical Infrastructure Month, but DHS cybersecurity officials are wondering about the status of the agency's plan to integrate its cybersecurity division with its infrastructure protection duties.
About 100,000 to 150,000 feds whose sensitive information was stolen in the OPM hack will have to re-enroll if they want to retain the compensatory identity protection coverage offered by OPM after Dec. 1.
The open-data movement is still in its infancy. In a new report, the Data Foundation charts how it can grow up.
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© 1996-2016 1105 Media, Inc. All Rights Reserved. This copy is for your personal, non-commercial use only.To order presentation-ready copies for distribution to colleagues, clients or customers, visit: www.1105Reprints.com


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Exodus 10:4-6 Or else, if you refuse to let My people go, behold, tomorrow I will bring locusts into your territory. And they shall cover the face of the earth, so that no one will be able to see the earth; and they shall eat the residue of what is left, which remains to you… Read More »
Always Learning
Mark 8:1-4 In those days, the multitude being very great and having nothing to eat, Jesus called His disciples to Him and said to them, "I have compassion on the multitude, because they have now continued with Me three days and have nothing to eat. And if I send them away hungry to their own… Read More »
Koinonia is a Greek word for participation on an intimate level. Our koinonia with one another is based on our common koinonia with Jesus and it is from our love of Jesus that our agreement in service springs forth. Each one of us have different issues … some of us are angry, perhaps we hide… Read More »
Are Your Eyes on Jesus?
Mark 8:23-25 So He took the blind man by the hand and led him out of the town. And when He had spit on his eyes and put His hands on him, He asked him if he saw anything. And he looked up and said, "I see men like trees, walking." Then He put His… Read More »
On Your Knees Before God
Exodus 12:32 Also take your flocks and your herds, as you have said, and be gone; and bless me also." Barak is the Hebrew word for kneeling or being on your knees. It's interesting that it's also the Hebrew word for blessing. It's a good reminder for us that blessings flow from God and not… Read More »
Mountains and Valleys
Mark 9:9 Now as they came down from the mountain, He commanded them that they should tell no one the things they had seen, till the Son of Man had risen from the dead. Mark 9:17-18 Then one of the crowd answered and said, "Teacher, I brought You my son, who has a mute spirit.… Read More »
Time with Jesus
Mark 9:14 And when He came to the disciples, He saw a great multitude around them, and scribes disputing with them. I've said before that the best commentary on the Bible is the Bible itself. This is one of the reasons why I love to teach the Bible in an expository fashion. I believe that… Read More »
Redeeming the Donkey
Exodus 13:13 But every firstborn of a donkey you shall redeem with a lamb; and if you will not redeem it, then you shall break its neck. And all the firstborn of man among your sons you shall redeem. There were many different types of unclean animals but God is very specific here in these… Read More »
Without Wax
Mark 9:36-37 Then He took a little child and set him in the midst of them. And when He had taken him in His arms, He said to them, "Whoever receives one of these little children in My name receives Me; and whoever receives Me, receives not Me but Him who sent Me." Those… Read More »
God's Got It
Mark 9:42 "But whoever causes one of these little ones who believe in Me to stumble, it would be better for him if a millstone were hung around his neck, and he were thrown into the sea. Millstones ranged in size from convenient in-home models to much larger industrial strength models that required the strength of a… Read More »
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25% Off Our Listed Fall Rates on Any Stay Dates Between Now and December 31st(24 Reviews)
The manager has been emailed.
To book this property, you need to complete your booking through checkout on the VRBO website. We can't protect your payment if we don't know you've booked through us. Learn more
This listing was first published here in 2013.
Date last modified - Wednesday, December 07, 2016


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11 Nanny Jobs Found
Full time Nanny needed
Posted by Nac C. on 12/9/2016
- 17 miles away (Slingerlands, NY)
- $15–17/hr
- 2 children
We have a 9 months and 21 months old boys. We are looking for playful and someone with lots of energy. Who loves to play with toddler. Has experience in keeping them entertained. Background check is required. Rate is $15 to $17 based on experience. We offer some paid time off after 9 months... More
Part time nanny for 3 year old
Posted by Eric C. on 12/6/2016
- 21 miles away (Guilderland, NY)
- $100–200/week
- 2 children
Looking for a part time nanny for our 3 year old 4 days a week in our home or yours (20 hours a week). Possible after school care for 8 year old son as well. Will need to pick up 3 year old from preschool 3 days a week and home all day with her 1 day.
Part-Time Nanny
Posted by Jennifer K. on 11/29/2016
- 20 miles away (Albany, NY)
- $10–15/hr
- 1 child
We are seeking a Nanny for our 4 year old son. We are looking for a warm, caring, responsible person who we can trust to take care of our son in our home in Colonie, NY. We would like someone who loves children and enjoys going for walks, playing, reading and nurturing their growth and... More
After school for 6 year old boy
Posted by Christina P. on 11/28/2016
- 19 miles away (Loudonville, NY)
- $12–15/hr
- 1 child
I need someone to meet my 6 year old son at the bus stop and bring him to my home. Prepare a light snack and engage in homework/reading/play until I can get home. Some nights I am required to stay at work later than 5:00, on those nights I will need him/her to prepare dinner for my son. Also,... More
Part time for a week
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- 22 miles away (Pittsfield, MA)
- $15/hr
- 2 children
Part time for one week dec 3 to 7. Before and after school till 7 pm. Ish. Must stay day if no school or sick
Nanny for after school.
Posted by Kimberly H. on 11/27/2016
- 15 miles away (Averill Park, NY)
- $15/hr
- 3 children
I need a nanny who can take care of after school needs including snack, homework, meal prep and running kids to activities. I will compensate for mileage.
Full-time child care
Posted by Stacey F. on 11/18/2016
- 16 miles away (Wynantskill, NY)
- $10–15/hr
- 4 children
Hello, we are looking for someone to come to our house to care for our children. Two of our children are in school full-time so the primary responsibility will be with the 11 month old and half days with our four-year-old. The hours would be 9 to 4:30 Monday through Friday. Mom works full time from... More
One weeknight per week
Posted by Erika L. on 11/16/2016
- 22 miles away (Latham, NY)
- $10/hr
- 2 children
I'm looking for a sitter to come to my home and watch my girls one night per week between the hours of 5-8 or 6-9. Occasional weekend date nights would be a plus! My girls are sweet, loving, and fun.
Preschooler needs nanny
Posted by Joseph B. on 11/23/2016
- 23 miles away (Cohoes, NY)
- $15–30/hr
- 1 child
We are 2 working divorced parents with a curious and energetic four year old who needs a nanny for at least 3 days a week. We are looking for some flexibility in schedule and an energetic mind.
22 month old toddler for in home child care.
Posted by Sarah O. on 11/21/2016
- 19 miles away (Albany, NY)
- $15–18/hr
- 1 child
I work 8-4 very close to home. I have an active toddler that usually stays at home with family but now we are in need of a nanny. We have a lazy dog and friendly cats. It would help if you had transportation to and from our house.
In need of experienced baby sitter of 4...
Posted by Caitlin D. on 11/9/2016
- 19 miles away (Albany, NY)
- $13/hr
- 1 child
I am a teacher and need an experienced and caring babysitter for my 4 month old child. Must be experienced have good references, a car and be reliable. I am a teacher so I would roughly need someone to care for my baby from about 8am-4pm during the week except holidays.


text:
The Mirror splash with the headline Draxtic Action this Saturday, claiming that Arsenal are planning a sensational bid for German 19 year-old Julian Draxler from Schalke. Wenger (naturally) has major reservations about Schalke's £40 million asking price but Arsenal are believed to have made contact with Draxler's club Schalke and are believed to be willing to […]
Super Cup: Bayern 2 – Chelsea 2 (Bayern win 5-4 on penalties)
Super Cup Penalty Shoot-Out: Bayern 5 – Chelsea 4 (Lukaku misses last one)
Petr Cech's awesome save from Franck Ribery free-kick (Super Cup)
Javi Martinez (Bayern Munich) 2-2 v Chelsea
Eden Hazard (Chelsea) 2-1 v Bayern (Longer version)
The Humble One: Self-effacing Jose Mourinho tells fans to sing Hazard's name instead of his
Gif: Eden Hazard (Chelsea) 2-1 v Bayern Munich
Eden Hazard! (Chelsea) 2-1 v Bayern Munich
Manuel Neuer's (Bayern) awesome 1 on 1 save v Oscar (Chelsea)
Ramires (Chelsea) sent off (only 2nd yellow!) for shocking studs up over-the-ball tackle on Bayern's Mario Gotze
Chelsea manager Jose Mourinho admonishes Ramires on his Walk of Shame after being sent off in Super Cup
Bayern's Ribery & Pep share epically mental-kissing Super Cup goal celebration
This. Was. Epic. [gthumb id="349472″ size="large" autoplay="1″]
Chelsea's David Luiz booked for barging into the back of Mandzukic (Bayern)
Franck Ribery & Pep Guardiola's Epic trance-like embracing celebration v Chelsea, Ribery kisses Pep
Franck Ribery (Bayern) goal v Chelsea, runs to kiss and embrace manager Pep Guardiola
Gif: Franck Ribery (Bayern Munich) 1-1 v Chelsea
Franck Ribery (Bayern Munich) 1-1 v Chelsea
WTF? Kevin-Prince Boateng joins Schalke in surprise €12m 3-year deal from AC Milan
What. The. F**k Nearly every summer there's one transfer that provokes that reaction, and this is it: Kevin-Prince Boateng (26), has left AC Milan for…Schalke. Prince joins on a 3-year deal for a fee of €12 million, with an option of a fourth year. This really came from left field; just two days ago it […]
Kevin-Prince Boateng unveiled at Schalke 04 following Milan switch
Gif: Fernando Torres (Chelsea) 1-0 v Bayern Munich (Super Cup)
Fernando Torres! (Chelsea) 1-0 v Bayern Munich (Super Cup)
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Rayo's poor start continues with last-minute home defeat to Levante
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Almeria and Elche draw 2-2
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Current Promotions
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Get away from the hustle and bustle with this 4 bedroom, 2.5 bath hobby farm ranch. This home is situated on 4.8 acres of land with horse barn that includes 5 stalls with a tack room. Just 25 minutes from downtown Madison you can take advantage of everything the city offers while relaxing in a country setting. It features all of the charm of a hobby farm with the modern updates such as stainless steel appliances in the galley style kitchen, beautiful front load washer/dryer, wood burning fireplace and a partiallyfinished basement with plenty of storage space and central AC....
This is a must see for anyone wanting to be closer to nature. This property is zoned Single Family and no more than 2 unrelated persons will be able to occupy the house. Specific Credit Score required for applicants Location:South Unit Type:House Rent:$1,950.00 Available:Now Bedroom(s):4 Bathroom(s):2.5 Square Footage:2425 Sq. Ft. Resident Responsible For:All Heat, Electric, Propane, A/C, Hot Water, Water & Sewer, Trash Removal, Softener Salt, 1/4ly Furnace Filter Replacement, Rock Flower Wall and Garden Bed Maintenance & Snow Removal. Tenant also responsible for septic tank pumping 1 x/yr at their own expense Laundry Location:In Unit School District:Elem: Netherwood Knoll, Mid: Oregon, High: Oregon Parking Location:2 Car Garage Pets Allowed:Cats + Dogs This Is A Non-Smoking Unit Madison Property Management 1202 Regent St.
|Rental Fee
|Property Type
|Single-Family Home
|Not available
|2,425 sq. ft.
|Pets Allowed
|Please inquire
|Direct Link
|Last Updated
|43 days ago
Single-family home located at 768 Heather Ln in Oregon, WI 53575 has 4 beds, 2.5 baths, 2,425 square feet, pet friendly and available to rent for $1,950. 768 Heather Ln was listed on RentalSource 180+ days ago by Rental Department. 768 Heather Ln is in zip code 53575 which is located in Oregon, WI. The rental price of $1,950 is 13% higher than the average rental price of $1,740 for homes for rent in 53575 and equal to the average rental price of $1,951 for homes for rent in Oregon, WI.Report listing | Visit website
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HS Series S/S Lid Support, Large L=270MM (HS-240)
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04-14-2011, 10:27 AM #1Newbie
- Join Date
- Dec 2007
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- 21
Need Proactive Server Management + Outsourced Support on a Per Ticket Basis
1) Proactive server management
2) Outsourced support on a per ticket basis
1) Impeccable English (if you're interested in the outsourced support position - if you only want the proactive server management gig, impeccable English will no longer be a requirement)
2) Experience
3) Availability (12 hours per day)
I'm basically looking for a Linux guru to proactively manage servers and 2 people for outsourced support (of course, the server management guy can handle one of the support shifts, no problem).
As far as outsourced support is concerned, there will be two shifts:
1) 9 am ET to 9 pm EST
2) 9 pm EST to 9 am EST
If you're interested, please pm me the following information:
1) which position you are interested in (proactive server management, outsourced support or proactive server management + 1 outsourced support shift)
2) experience (which companies you worked for up until this point)
3) your price for proactive management - main node
4) your price for proactive server management - VPS
5) your price for a L1/L2 ticket
6) your price for a L3 ticket
Please note that I will not reply to your PM if I do not consider you a good candidate for these positions.
04-14-2011, 12:32 PM #2WHT Addict
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PM sent. Kindly check.Laswa Technologies - Pioneers in Server Management
[email protected]
04-14-2011, 12:54 PM #3Newbie
- Join Date
- Feb 2003
- Location
- Germany, Magdeburg
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- 27
PM sent. Please check.YourServerAdmin
Server Management l 24/7/365 l Linux l Windowsl 15+ years experience
sales [at] yourserveradmin.com - for general inquiries
911 [at] yourserveradmin.com - for any urgent help
04-14-2011, 12:56 PM #4Junior Guru
- Join Date
- Sep 2004
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I have sent you PM.Thanks,
Netedge Technology 24x7 webhosting support, Monthly server management, Dedicated support.
Nelichso Live chat support software
04-18-2011, 01:59 PM #5Disabled
- Join Date
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We could do this, but first I was wondering if you were going to pay your overdue invoice with us. Our support staff performed a lot of extra work not even related to the managed server and they would like to get paid.
04-19-2011, 04:52 AM #6Disabled
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PM sent! Looking forward to hearing back from you soon.
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DescriptionBeauty Salon for sale in DIFC
It's 1,200 sft inside.
Salon is doing a very good Net profit every month AED 15,000 per month average
If you are looking for an owner operated business that is already established and ready for you to step into and start making a profit, this may be the perfect opportunity...
Rent is AED 230,000 Per annum only
The DIFC (Dubai International Financial Center) offers a luxurious lifestyle comparable to the centers in Singapore and London. DIFC is a federal financial free zone.Retail outlets form an integral part the DIFC development, giving residents the option to shop on a whim.
The DIFC aims to provide a platform for business and financial institutions to reach into and out of the emerging markets of the region. It was established to create an environment for growth, progress and economic development in the UAE and the wider region by providing the needed legal and business as well as physical infrastructure benchmarked against international standards.


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Supergirl Vol 4 77
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"Many Happy Returns, Part 3: Fatalist Attraction": The synopsis for this issue has not yet been written.
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Check in from 9h / Check out prior to 12h
Aparta Apartments Riga: Find photos, reviews, information, amenities and compare prices for 3 stars hotels in Riga, Latvia.
This Riga property is situated within a 10-minute stroll of Riga Central Station. It provides an airport shuttle, and is a brief walk from the Freedom Monument, Riga Central Market and Riga Cathedral.
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Aparta Apartments Riga has 30 elegant apartments offering all the essentials to ensure a comfortable stay. There are also multiple apartments especially for families.
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Sen. Rand Paul, R-Ky., says churches in America should challenge the Internal Revenue Service by speaking boldly from the pulpit, without worrying about the consequences.
In an exclusive interview with CBN News Chief Political Correspondent David Brody, Sen. Paul issued a challenge to pastors.
"What I would say to the churches is be bold and challenge them and say, 'In our church we're still going to discuss good and evil and what we think of it and so be it if the government wants to come and challenge us because if we don't stand up and try and protect our God-given rights, they're going to be taken from us.'"
Many pastors are reluctant to speak out on political issues because they fear being audited or fined by the IRS.
3 Reasons Why you should read Life in the Spirit. 1) Get to know the Holy Spirit. 2) Learn to enter God's presence 3) Hear God's voice clearly! Go deeper!
Has God called you to be a leader? Ministry Today magazine is the source that Christian leaders who want to serve with passion and purpose turn to. Subscribe now and receive a free leadership book.


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November 3, 2010
RADHA SHARMA, PLAINTIFF,v.CB MERCHANTS, DEFENDANT.
ORDER DENYING MOTION TO WITHDRAW AS ATTORNEY OF RECORD FOR PLAINTIFF WITHOUT PREJUDICE (Docket Nos. 22, 24)
On October 20, 2010, counsel for Plaintiff Radha Sharma ("Plaintiff") filed a Motion to Withdraw as Attorney ("Motion to Withdraw"). (Doc. 22.) Plaintiff's counsel also filed a "Request to Appear by Telephone at Motion to Withdraw as Counsel" ("Telephonic Appearance Request"). (Doc. 24.)
The Local Rules ("L.R.") for the U.S. District Court for the Eastern District of California provide specific requirements for the withdrawal of counsel where, as here, the attorney will leave the client in propria persona. (L.R. 182(d).) Local Rule 182(d) provides, in relevant part, as follows:
Unless otherwise provided herein, an attorney who has appeared may not withdraw leaving the client in propria persona without leave of court upon noticed motion and notice to the client and all other parties who have appeared. The attorney shall provide an affidavit stating the current or last known address or addresses of the client and the efforts made to notify the client of the motion to withdraw.
The Court has reviewed Plaintiff's counsel's Motion to Withdraw and finds that it does not comply with the requirements of Local Rule 182(d). Plaintiff's counsel did not file a declaration or affidavit in support of his motion that sets forth "the current or last known address or addresses of the client." (L.R. 182(d).) Further, while the motion itself states Plaintiff's counsel "has provided prior notice to Plaintiff of the present motion," (Doc. 22 at ¶ 4), no details regarding that notice to Plaintiff are given other than a certificate of service of the Motion to Withdraw (Doc. 23). Additionally, the details that are provided are not set forth by declaration or affidavit as required by L.R. 182(d). Without meeting the requirements of L.R. 182(d), the Court cannot consider Plaintiff's counsel's motion. Plaintiff's counsel may refile a motion to withdraw that complies with the requirements of L.R. 182(d).
As the Motion to Withdraw does not comply with the Local Rules and must be denied, Plaintiff's counsel's Telephonic Appearance Request for the currently scheduled December 1, 2010, hearing is moot.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's counsel's Motion to Withdraw as Attorney is DENIED WITHOUT PREJUDICE; and
2. Plaintiff's counsel's "Request [to] Appear by Telephone at Motion to Withdraw as Counsel" is DENIED as moot.
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Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Term Paper:
Although Catholics and Protestants share a fundamental belief system, their theologies as well as their forms of worship differ greatly. Roman Catholic piety is generally expressed through the intermediary bodies of the Church, its hierarchy, and the various sacraments. Moreover, Catholic prayers are directed to intercessors such as the saints or the Virgin Mary. On the contrary, Protestants generally ascribe to an individualistic piety, one that is removed or independent from a church body. One's relationship to God or Jesus Christ is developed without the aid of teachers other than the "word of God" as it is expressed in the Bible. Although there are a multitude of different Protestant sects, they generally agree on a few basic tenets that set these denominations apart from the Roman Catholic Church. One of these tenets is the belief in a "universal priesthood" in which all Christians have the potential to approach theological matters without the aid of a priest. Moreover, Protestant denial of papal authority subsumes much of its ideology and attitude toward piety. For Roman Catholics, obedience to the Pope as well as to Church doctrine remains central to personal piety. For both Catholics and Protestants, piety may be expressed through prayer, reading scripture, or the singing of hymns. However, Protestant and Catholic styles of piety and worship differ greatly because of the fundamental differences in their theologies and philosophies.
The Roman Catholic Church emphasizes the role of the Church hierarchy, which is considered to be integral to one's salvation and expression of devotion. With the Pope as the supreme authority, the Church empowers each individual worshipper: piety is essentially passed from its spiritual source through the clergy to the worshipper. It is considered the duty of each worshipper to surrender to Papal authority as well as to any Church teachings, as they are considered to be superior to one's own ability to approach God in a direct manner. Piety for the Roman Catholic, therefore, consists of a great amount of trust in the Church and a willingness to ascribe to its tenets. All Protestant denominations, by definition, deny Papal authority. Therefore, most Protestant denominations promote a view of piety that is wholly removed from Church teachings. Protestant piety is less focused on ritual and external material structure than it is on one's personal relationship with deity. Catholics emphasize the presence of God in the material universe, whereas Protestants deny the efficacy of the material world. For example, God is made manifest in the Eucharist, according to Catholic doctrine. The Protestant denial of all sacraments except for baptism and Eucharist proves that piety for the Protestant is independent of, and in some cases, counter to, ritual. Likewise, Roman Catholics employ a variety of icons and images, notably the crucifixion. These icons and objects of worship are integral to Catholic styles of piety: they are viewed as visible, tangible manifestations of God that can be used to promote individual salvation. Protestants prefer simpler imagery, such as a plain cross, for use in devotional worship. Other forms of iconography are viewed as extraneous or simply unnecessary. In many cases, iconography is viewed as an obstacle to true piety in the same way that many Protestants believe that Church dogma and hierarchy is an obstacle to true piety.
Protestant piety can therefore be described as being more abstract in nature than Catholic piety, which has distinct modes and methods of expression. For instance, Roman Catholics emphasize structure and ritual. The sacraments are momentous, communal styles of piety. They take place in the structure of the Church and occur at certain moments in time, sacred moments that are demarked and determined by the priestly authority. Performed always by a priest or other Church authority and always in front of a church body, the sacraments are a form of ritualized style of piety. Protestantism denies the importance of ritual in general. Only two sacraments are necessary for the Protestant worshipper: baptism and communion. However, even these are viewed differently than they are by Roman Catholics, who take them to be direct external expressions of divine power. Protestant piety is more concerned with one's faith in the infallibility of the Bible than on performing ritual actions to confirm faith. Protestants do not emphasize the momentous nature of pious acts; worship is not structured or dependent on the creation of sacred time. Rather, piety is an introspective and continual act, totally dissociated from ritual.
Moreover, the communal experience is central to the Catholic style of piety. While prayers are offered in private, it is essential for the practicing Catholic to at some point interact with a priest or other clergy member. For example, the confession of sins cannot be complete without the assistance of the priest. For the Roman Catholic worshipper, one's willingness to confess is an expression of piety; for the Protestant, confession is unnecessary because of the heavy emphasis on grace. One can directly commune with God for the purposes of confession but a priest is unnecessary. One can also express piety without the aid of any clergy member but solely through a belief in the absolute word of God in the Bible. Faith in God and the Bible alone are ample expressions of piety for the Protestant, whereas for the Roman Catholic, piety also demands the outward expression of devotion through Church rituals. Faith in God is considered to be a result of one's pious performance of such Catholic rituals.
For the Roman Catholic, one's willingness to devote time, energy, and service to Church activities is an expression of piety. Good works and faith go hand in hand. For the Protestant, on the other hand, good works is secondary to one's faith. Belief in God is all that is required for individual salvation. Catholics emphasize duty toward the community as an expression of piety. While Protestants also promote selfless service in devotion to God, such acts are not considered as essential to piety as they are for the Catholic. The Church is viewed as a family; for the Catholic piety can be viewed as one's willingness to participate in the group. Protestants are more concerned with one's private relationship with God than with one's relationship to the religious community as a whole.
In prayer, a Roman Catholic will offer his or her devotions to a saint or other intercessor: piety demands one's allegiance to a universal spiritual order in which the supreme deity is shrouded in mystery. Piety, in other words, is one's willingness to pray through proscribed mediums. For the Protestant, prayer is a more direct experience or communication with the divine. Saints are not worshipped as they are in the Catholic Church, and the worshipper is expected to develop a personal relationship with God that is not dependent on any intercessor. Protestantism does not outline forms or methods of worship; one's piety is a personal matter. Moreover, one is free to interpret the Bible without the aid of an overarching dogma or doctrine. For the Catholic, the layperson is not free to interpret the Bible as he or she sees fit but rather must surrender to the wisdom of Church authority. Piety is both an expression of faith in God as well as faith in the Church itself.
In the more evangelical Protestant denominations, the individual may be encouraged to encounter the divine through dramatic forms of worship. This style of piety is inspirational, as it may involve a flash of insight into one's spiritual character. Piety in this sense is expressed through an emotional catharsis or epiphany, often one which is deeply personal in nature and divested from any metaphysical or theological structure. One can claim direct contact with the divine through spiritual experiences. Such cathartic styles of piety are generally discouraged in the Roman Catholic Church, which views such styles with…[continue]
"Protestant And Roman Catholic Styles Of Piety" (2003, December 15) Retrieved December 11, 2016, from http://www.paperdue.com/essay/protestant-and-roman-catholic-styles-of-160311
"Protestant And Roman Catholic Styles Of Piety" 15 December 2003. Web.11 December. 2016. <http://www.paperdue.com/essay/protestant-and-roman-catholic-styles-of-160311>
"Protestant And Roman Catholic Styles Of Piety", 15 December 2003, Accessed.11 December. 2016, http://www.paperdue.com/essay/protestant-and-roman-catholic-styles-of-160311
piety in the Roman Catholic faith and the Protestant faith. The writer examines the meaning of piety in both spiritual faiths and contrasts their differences. There were four sources used to complete this paper. Throughout the history of religion there have been many differences and similarities. Many of the popular faiths of the western world believe in a higher power named God and they believe that Jesus Christ was the
However, certain elements of traditional Christian theology are centered on Mary, and the degree of emphasis that those elements receive can be very telling about Mary's actual role in the religion. For example, the connection between female chastity and religious observance seems to have been established by God's choice of a Virgin to carry his son. God did not have to choose a virgin to bear his child, but
The Good News is that righteousness is not a demand upon the sinner but a gift to the sinner. The sinner simply accepts the gift through faith" (Whitford 2005). Luther's emphasis on the individual's reception of that Good News fueled his skillful promotion of Bibles written in the language of the people in an accessible translation and his disdain for the abstruse philosophy of theologians such as the Scholastic
Doctrine of the Holy Trinity The Doctrine of the Trinity and Anti-Trinitarian Theologies: Servetus, Milton, Newton The Doctrine of the Trinity The Arian Heresy Anti-Trinitarianism Part I: Michael Servetus Anti-Trinitarianism Part II: John Milton Sir Isaac Newton The Arian heresy -- or rejection of the Christian doctrine of the Holy Trinity -- is actually relatively uncommon among contemporary Christian denominations; to pick one particular national example, Post-Reformation England would tolerate a broad array of theological stances -- from
Jesus' Teachings, Prayer, & Christian Life "He (Jesus) Took the Bread. Giving Thanks Broke it. And gave it to his Disciples, saying, 'This is my Body, which is given to you.'" At Elevation time, during Catholic Mass, the priest establishes a mandate for Christian Living. Historically, at the Last Supper, Christ used bread and wine as a supreme metaphor for the rest of our lives. Jesus was in turmoil. He was
The painting is shocking because of its dramatic perspective. First and foremost the table is not situated in the centre of the painting, nor is Jesus. In a symbolical manner this transmits the idea that God is no longer in the centre of man's world and this accounts for the chaos that seems to be omnipresent. The lower side of the painting is dominated by human figures and an
This work provided an intensive discussion historical forces that were to lead to modern humanism but also succeeds in placing these aspects into the context of the larger social, historical and political milieu. . Online sources and databases proved to be a valid and often insightful recourse area for this topic. Of particular note is a concise and well-written article by Stephen Weldon entitled Secular Humanism in the United States.