Campaign to Amend Current EBRP 5G Cell Tower Ordinance Federation - - PowerPoint PPT Presentation

Campaign to Amend Current EBRP 5G Cell Tower Ordinance

Federation of Greater Baton Rouge Civic Association 5G Cell Tower Task Force

Shenandoah

Shenandoah

Westminster

Tara

Tara

Sherwood Forest

Existing Wireless Towers New 5G Wireless Facilities

Taller towers, widely spaced Located on private property Shorter towers, closer spacing Located on public RoW New Improved Version?

Co-Location

• f

Facilities can get

UGLY!

Small Cell Facilities in Oakland, CA Can you hear me now?

Online GIS Map of all BR Cellular Tower/Small Unit Installations

• Cell towers locations
• Small Cell 5G Facilities

Distr tributi bution n of 5G Faciliti ties es

by Metro Council District

03 5 8 4 9 15 11 12 32 38 34 Welch Banks Loupe Wilson Green Collins-Lewis Cole Amoroso Hudson Wicker Watts Frieberg

Council District Council Member 5G Tower Count 1 Welch 2 Banks 3 3 Loupe 5 4 Wilson 8 5 Green 4 6 Collins-Lewis 9 7 Cole 15 8 Amoroso 11 9 Hudson 12 10 Wicker 32 11 Watts 38 12 Frieberg 34 Totals ==> 171

Breakdown of all 5G Towers by Council District

5G T 5G Tower ers s

in front of homes

by

Subdivision

and

Council District

Council District Subdivision Name 5G Tower Count 3 Hermitage 1 4 Sherwood Forest 2 7 Steele Pl, Walnut Hills, Glenmore, Westdale Hgts 10 Lake Sherwood 1 Woodland Ridge 1 9 Shenandoah 6 Beauregard Town 2 Spanish Town 1 S Baton Rouge 1 Tara 1 Goodwood Pl/Est 2 Southmore, Willows, Magellan 3 Westminster/PineP 2 Jefferson Terrace 3 Willowgrove 1 Audobon Terrace, Morning Glen 2 Pollard Est 5 Southdowns 3 University Gardens 3 Mayfair, Lynwood 2 Totals 52 8 10 11 12

5G Towers in Front of Homes by Subdivision

New

pace_number usid site_id Latitude Longitude New Addr MRLOU022100 226212 CRAN_RBHM_LBRMN_031 30.434808 -91.189853 605 Oklahoma St MRLOU022107 226211 CRAN_RBHM_LBRMN_032 30.457892 -91.155821 3320 Zion St MRLOU022188 226210 CRAN_RBHM_LBRMN_034 30.448189 -91.153309 3550 North Blvd MRLOU022104 226209 CRAN_RBHM_LBRMN_040 30.438795 -91.160499 2643 Myrtle Ave MRLOU022105 226219 CRAN_RBHM_LBRMN_042 30.435948 -91.160704 2553 Broussard St MRLOU022142 226215 CRAN_RBHM_LBRMN_045 30.431919 -91.161939 1903 Perkins Rd MRLOU022116 226213 CRAN_RBHM_LBRMN_047 30.425102 -91.172004 1228 E Buchanan St

pace # usid site_id Lat Long Address ZIP MRLOU022146 230608 CRAN_RBHM_LBRWN_033 30.35552

• 91.05562 10511 Pecue Ln

70810 MRLOU022217 230609 CRAN_RBHM_LBRWN_032 30.36412

• 91.06164 9471 Conti Dr

70810 MRLOU022129 227776 CRAN_RBHM_LBROW_037 30.36448

• 91.10454 9233 Bluebonnet Blvd

70810 MRLOU022128 227780 CRAN_RBHM_LBROW_036 30.36698

• 91.10393 9023 Bluebonnet Blvd

70810 MRLOU022242 227832 CRAN_RBHM_LBRWN_031 30.36766

• 91.06342 13500 Broad Ct

70810 MRLOU022181 227773 CRAN_RBHM_LBROW_041 30.37457

• 91.0877 11452 Cotton Ln

70810 MRLOU022112 227825 CRAN_RBHM_LBRWN_030 30.38472

• 91.042

12356 Industriplex Blvd 70809 MRLOU022177 227821 CRAN_RBHM_LBRWN_028 30.4073

• 91.04166 12413 Wyndy Ave

70816 MRLOU022093 227823 CRAN_RBHM_LBRWN_027 30.41036

• 91.03577 4497 Stumberg Ln

70817 MRLOU022209 227822 CRAN_RBHM_LBRWN_026 30.41057

• 91.0403 4505 Southwind Dr

70816 MRLOU022139 227771 CRAN_RBHM_LBRWN_024 30.41505

• 91.03165 13311 Country Manor Ave

70816 MRLOU022241 227775 CRAN_RBHM_LBRWN_023 30.42076

• 91.02623 14202 Hollow Tree Ridge Ave 70816

MRLOU022230 227774 CRAN_RBHM_LBRWN_022 30.42988

• 91.02577 14358 S Harrell's Ferry Rd

70816 MRLOU022091 226207 CRAN_RBHM_LBRMN_041 30.43579

• 91.15635 1415 Hearthstone Dr

70808 MRLOU022195 226216 CRAN_RBHM_LBRMN_039 30.44097

• 91.15969 2830 McGrath Ave

70806 MRLOU022124 226233 CRAN_RBHM_LBRMN_037 30.44147

• 91.15147 765 Florence St

70806 MRLOU022182 226218 CRAN_RBHM_LBRMN_038 30.44228

• 91.16231 2373 Oleander St

70806 MRLOU022187 226217 CRAN_RBHM_LBRMN_035 30.44461

• 91.15066 458 Steele Blvd

70806

AT&T Pledge to the Nation

https://www.cbsnews.com/news/5g-network-cell-towers-raise-health-concerns-for-some-residents/

• Melissa Arnoldi, president of technology and
• perations for AT&T
• “Melissa Arnoldi, who leads AT&T's efforts,

said if it's not already in your neighborhood, it's coming.

• She said 5G uses high-frequency waves that

support faster speeds but don't travel as far as current wireless frequencies. So instead of relying on large cellphone towers spread far apart, they need "small cell" sites that are much closer together.

• "We're going to use our existing

infrastructure today. Whether it's light poles, whether it's street lights. So we're going to make sure that we don't make it obtrusive to

• ur customers and to the citizens," Arnoldi

said.”

Baton Rouge 5G Cell Tower Initiative Facts Why Are We Here?

• AT&T authored 5G Cell Phone Tower Ordinance and Brought to Metro

Council Members

• Misunderstanding of the FCC Declaratory Ruling and Third Report and

Order – Current rollout NOT the intent of Congress or Metro Council

• Metro Council did not provide any oversight provisions in ordinance
• AT&T blitzkrieg to put up as many towers as possible before public
• utcry
• NO rhyme or reason to placement of towers – front yards, medians,

schoolyards

Why Are We Here?

• NO consideration for homeowner property value
• NO consideration for subdivision property value
• NO conclusive evidence of non-harmful effects of 5G RF –

contradicting reports. There ARE enough studies on the negative effects of 5G technology on humans to warrant more conclusive research

• This is just the first wave of AT&T towers – many more planned
• Other cellular carriers will want to have their network towers – there

will be hundreds of towers throughout the parish located in every neighborhood – no consideration for co-habiting tower locations

FCC Declaratory Ruling Facts / State of Louisiana

• On page 44 of the Declaratory Ruling and Third Report and

Order

• 82. “Section 253(b) saves state “requirements necessary

to preserve and advance universal service, protect the public safety and welfare, ensure the continued quality of telecommunications services, and safeguard the rights of

• consumers. And Section 253(c) preserves state and local

authority to manage the public rights-of-way.”

State of Louisiana 2019 HR 145 – A Resolution

• To urge and request the Department of Environmental

Quality in conjunction with the Louisiana Department

• f Health to study the environmental and health

effects of evolving fifth generation cellular network technology (5G) and report its findings to the House Committee on Natural Resources and Environment and the House Committee on Health and Welfare no later than sixty days prior to the convening of the 2020 Regular Session of the Legislature.

Short Time Frame - Next Steps

• A moratorium on any new towers until notification process developed

– Mayor granted.

• Metro Council will discuss 5G issue and ordinance on June 26
• Metro Council will schedule a vote in the near future on amended
• rdinance.
• Amended Ordinance creating guidelines as to the placement of all 5G

towers

Short Window – Next Steps

• The 5G Cell Tower Task Force and several member subdivisions have

been working with the Daigle Fisse & Kessenich Law Firm. They have prepared letters for HOAs and homeowners to send to the Metro Council that brought to the point we are at now.

• The Daigle Fisse firm already represents some 30 HOAs and Crime

Districts in Baton Rouge area.

Next Steps

• Daigle Fisse & Kessenich, PLC, with offices in both Baton Rouge and

the Northshore, has been assisting the Task Force with understanding

• f the legal issues.
• Partners, James L. Bradford, III, D. Stephen Brouillette and Sheri

Morris, have been providing legal counsel to date free of charge to help shape the response to AT&T actions and particularly the small cell tower ordinance.

Next Steps

• Daigle Fisse has proposed a budget to do two things:
• (a) provide a legal memorandum surveying the law applicable to

locating and permitting small cell towers, with particular focus on what the City-Parish can control within its own right of way, as well as brief survey of the local laws adopted by other communities to address this issue; and

• (2) a draft of an amendment to the existing small cell tower ordinance

with a primary focus of providing

Next Steps

• (1) real and adequate notice to property owners within the vicinity of the

proposed towers, with a procedure for those landowners to be heard by the City-Parish, IN ADVANCE of any issuance of a tower permit; and

• (2) a set of criteria or issues that the City-Parish must take into consideration

prior to issuance of any tower permit (among the criteria that might be included could be

• (a) the aesthetic effect of the tower on the neighborhood or target location;
• (b) effects of tower location on adjacent property values;
• (c) alternative location opportunities in the same target area;
• (d) opportunities for co-location on already existing structures;
• (e) potential requirements for mandatory co-location in areas where the avoidance of

tower proliferation is imperative, and undoubtedly other considerations as well).

Budget

PHASE I Task Estimate Time Cost

Gather information through public records requests on the 5.0 $1,250 Survey of federal law/FCC regulations for locating and permitting cell towers 4.0 $1,000 Legal research Re: Authority of City-Parish to regulate small cell towers 4.0 $1,000 Legal research Re: Model Ordinances adopted in other Louisiana Cities 2.0 $500 Legal research Re: Model Ordinances adopted in other states 6.0 $1,500 Preparation of legal memoranda outlining authority of City-Parish to regulate small cell tower sites 18.0 $4,500 TOTAL 39 $9,750

Budget – Phase II

Phase II Task Estimate Time Cost Prepare proposed amendments to existing ordinance 8.0 $2,000 Communication with Councilmember sponsoring ordinance and/or Parish Attorney’s Office 4.5 $1,125 Communications with Task Force 3.5 $875 Review ordinance to amend small cell towers 2.0 $500 Preparation for and attend Council Meeting 8.0 $2,000 Communications with media and internet providers 3.5 $875 Miscellaneous – postage, copies, etc. $100 TOTAL 29.5 $7,375

How to Pay

• The proposed budget could require upward adjustment depending on
• pposition.
• Total proposed cost at this time - $17,125.
• $17,125 divided by 10 HOAs equal $1,712.50
• $17,125 divided by 15 HOAs equal $1141.66
• $17,125 divided by 20 HOAs equal $856.25
• $17,125 divided by 25 HOAs equal $685

Next Steps

• The Daigle Fisse proposal and budget does not include any lawsuits

again the AT&T or the City-Parish. The purpose of this work is to get the HOAs and Metro Council educated about the law, because many people are misstating what the law really provides. With that education, the HOAs can then deliver on one of their missions to educate the homeowners in their own communities about this matter and their rights as citizens and property owners.

Confusion eliminated

• Some have stated that funding the research proposed by Daigle Fisse

will expose the Homeowners Associations and their officers or directors to potential lawsuits by AT&T.

• This is simply not correct. All that is being funded is legal research to

educate the HOAs. Moreover, La. Revised Statutes 9:2792.7 protects

• fficers and directors of HOAs with immunity in any event.

Can you be sued?

• 2011 Louisiana Laws

Revised Statutes TITLE 9 — Civil code-ancillaries RS 9:2792.7 — Limitation of liability of director, officer, or trustee of certain homeowners associations

NO!

• Universal Citation: LA Rev Stat § 9:2792.7
• §2792.7. Limitation of liability of director, officer, or trustee of certain

homeowners associations

• A. A person who serves as a director, officer, or trustee of a homeowners

association and who is not compensated for such services on a salary basis shall not be individually liable for any act or omission resulting in damage

• r injury, arising out of the exercise of his judgment in the formation and

implementation of policy while acting as a director, officer, or trustee of that association, or arising out of the management of the affairs of that association, provided he was acting in good faith and within the scope of his official functions and duties, unless such damage or injury was caused by his willful or wanton misconduct.

YOU Are Protected!

• B. For purposes of this Section, "homeowners association" means any of

the following:

• (1) A condominium association as defined in the Louisiana Condominium

Act, R.S. 9:1121.101 et seq.

• (2) A timeshare association as defined in the Louisiana Timesharing Act,

R.S. 9:1131.1 et seq.

• (3) A homeowners association as defined in the Louisiana Homeowners

Association Act, R.S. 9:1141.1 et seq.

• (4) An association defined by Section 528(c) of the Internal Revenue Code
• f 1986, as amended.
• Acts 1990, No. 91, §1; Acts 1999, No. 88, §1.

Join 5G Cell Tower Initiative

• Task force / working group providing education

to all stakeholders

• Mission is to amend the current ordinance as

discussed.