Take Action: Montgomery County is pressing ahead to install small cell towers on residential streets.

Montgomery County is pressing ahead to install small cell towers on residential streets.

Dear Neighbors,

Pardon my intrusion with yet another email message, but the need is urgent.  It appears that Montgomery County is on the verge of approving the installation of small cell towers throughout the County, including up and down residential streets, starting with Potomac, MD and Germantown, MD.  The sites for the towers in those communities, in front of individual homes, have already been selected.  It is rumored, but we do not know for certain, that the County Executive may seek approval for the installation of the cell towers from the Montgomery County Council as soon as this coming week.

County officials seem to be discounting all arguments made by County residents against the towers, including the adverse impact on health from the radiation, the adverse impact on the aesthetics of our communities, the inevitable reduction of property values, and other concerns.

To see how the County residents feel, you can view the video of the public meeting on small cell towers, held by the County this past Monday, October 23, by clicking HERE or by copying and pasting the following URL into your web browser:

http://montgomerycountymd.gov/CCM/executive/zta-small-cell-towers-meeting-102317.html

The meeting starts with a few minutes of silence on a title screen as everyone settles down, and then proceeds with a presentation by Mitsuko Herrera on the County's plans to rezone to permit the installation of the small cell towers, and then continues with comments from many of the residents in attendance.  I am guessing that about 100 residents attended.

I believe it is fair to say that our fellow County residents who spoke at the meeting were virtually UNIVERSALLY OPPOSED to the small cell towers.  The argument raised most often against the towers was the adverse impact on health from the radiofrequency radiation that the towers will spew into our communities.  That radiation is of even greater concern now that the National Institutes of Health has confirmed a link between cellular radiofrequency radiation and both brain cancer and nerve cancer.  The former is usually fatal, and the latter can be fatal.

I have reflected the overall picture in a two-page imaginary informed-consent agreement.  It is attached.  This document was handed out at the October 23 meeting by some residents to other residents.  This document indicates what the residents would be agreeing to if their informed consent HAD to be obtained before the towers were installed in their communities.  Of course, such consent is not being requested.

If you wish to protest, I have provided below the names, positions, and email addresses of the cognizant County officials.  And below that list, I have provided just the email addresses to make it easier for you to copy and paste them into your email program.  You may send one email message to them all if you wish.  Be sure to include your full name and address, and the reasons for your opposition.  If we don't speak up, we may soon be watching the cell phone companies digging up our front yards to turn our street lights into cell towers from 19 to 45 feet tall, depending on the widths of the streets in front of our homes.

Ike Leggett - Montgomery County Executive:  ocemail@montgomerycountymd.gov
Eric Coffman - Chief, Energy and Sustainability, Montgomery County:  eric.coffman@montgomerycountymd.gov
Eric Friedman - Director. Montgomery County Office of Consumer Protection:  Eric.Friedman@montgomerycountymd.gov
Lisa Brennan - Associate County Attorney General, Montgomery County:  lisa.brennan@montgomerycountymd.gov
Roger Berliner - Montgomery County Councilmember:  councilmember.Berliner@montgomerycountymd.gov
Hans Riemer - Montgomery County Councilmember:  councilmember.Riemer@montgomerycountymd.gov
Marc Elrich - Montgomery County Councilmember:  councilmember.elrich@montgomerycountymd.gov
George Leventhal - Montgomery County Councilmember:  councilmember.Leventhal@montgomerycountymd.gov
Craig Rice - Montgomery County Councilmember:  councilmember.rice@montgomerycountymd.gov
Nancy Floreen - Montgomery County Councilmember:  councilmember.floreen@montgomerycountymd.gov
Nancy Navarro - Montgomery County Councilmember:  councilmember.navarro@montgomerycountymd.gov
Sidney Katz - Montgomery County Councilmember:  councilmember.katz@montgomerycountymd.gov
Tom Hucker - Montgomery County Councilmember:  councilmember.hucker@montgomerycountymd.gov
Mistuko Herrera, Montgomery County Department of Technology Services:  mitsuko.herrera@montgomerycountymd.gov

ocemail@montgomerycountymd.gov
eric.coffman@montgomerycountymd.gov
Eric.Friedman@montgomerycountymd.gov
lisa.brennan@montgomerycountymd.gov
councilmember.Berliner@montgomerycountymd.gov
councilmember.Riemer@montgomerycountymd.gov
councilmember.elrich@montgomerycountymd.gov
councilmember.Leventhal@montgomerycountymd.gov
councilmember.rice@montgomerycountymd.gov
councilmember.floreen@montgomerycountymd.gov
councilmember.navarro@montgomerycountymd.gov
councilmember.katz@montgomerycountymd.gov
councilmember.hucker@montgomerycountymd.gov
mitsuko.herrera@montgomerycountymd.gov

References

If you would like to read more about the County's rezoning plans to permit the installation of small cell towers, please see the County web site above and also this County web site:

http://montgomerycountymd.gov/cable/towers/zta-links.html

If you would like to read more about the impact of radiofrequency radiation on health, please see this web site:

https://ehtrust.org/

If you would like to know more about the Fifth Generation (5G) of cellular technology, which is motivating the installation of the small cell towers, please see this web site:

http://whatis5g.info/

More soon.

Regards,

Ron

--
Ronald M. Powell, Ph.D.
20316 Highland Hall Drive
Montgomery Village, MD  20886-4007
United States of America
E-mail: r.m.powell@verizon.net
Tel: (301) 926-7568

Video of Montgomery County Hearing on Cell Towers ReZoning Amendment

Strong Oppostion voiced about proposed Montgomery County cell towers zoning at October 23 meeting. 

Informed Consent Agreement for the Installation of Small Cell Towers in Your Residential Community by Dr. Ronald Powell

Informed Consent Agreement for the Installation of Small Cell Towers in Your Residential Community 
This is a document that every citizen should be given and asked to sign before a small cell is placed in front of our home. Informed consent is critical to our democracy. 

Informed Consent Agreement for the Installation of Small Cell Towers in Your Residential Community by on Scribd

October 23 Montgomery County Meeting on the Zoning Amendment Replacing Neighborhood StreetLights and Powerpoles With Mini Cell Towers

Montgomery County Meeting on Wireless Antennas in Yards to Be Live Streamed on Cable

Montgomery County Seeks Input on Proposed Zoning Changes to Address Deployment of Microtowers and Small Cell Wireless Antennas in Front of Homes and Schools

Replacing Neighborhood StreetLights and Powerpoles With Mini Cell Towers

Monday, October 23rd

7-9 pm

Montgomery County Council Office Building

100 Maryland Ave, Rockville, MD 20850

3rd Floor Hearing Room

Why citizens should care:

Neighborhood streetlights will be replaced with mini cell towers: All street lights and power poles in all Montgomery County neighborhoods can be  converted to mini cell towers /wireless antennas.

• Eliminates public notice.  
• Eliminates protective setbacks to single family homes
• Eliminates public notice and community hearings

Yes...Mini cell towers can be built in front of your home without public notice and without public hearings or community input.

Yes, we can stop this ridiculous plan by attending the meeting and telling our councilmember to vote “NO” on the Wireless Antennae ZTA

The meeting will be carried live on County Cable Montgomery on Verizon channel 30 or Comcast/RCN channel 6, Facebook and YouTube County.

The county says the proposed ZTA is intended to protecting neighborhoods by regulating how and where these antennas can be placed, and how they should be screened or camouflaged- like what color they will be.

However the ZTA will eliminate public notice and eliminate public hearings and the community will not be able to stop antennas from being placed in their public right of ways.

Take Action To Stop The Montgomery County ZTA on Small Cells

Come to The Meeting October 23, 2017

This ZTA can be stopped in its tracks. 

Here is what YOU can do: Please share this information with all community and neighborhood list serves, homeowners associations and Montgomery County groups.

1. Come to the October 23, 2017 meeting and sign up to this blog to get updates and feel free to write us at montgomerycountysmallcell@gmail.com

2. Please contact all your elected officials by letters, emails or better yet- call them: 

• Tell them you do not want this zoning amendment.  
• Tell then this issue needs to be addressed via better permitting- not messing with our zoning and allowing small cells built in front of our homes. 
• Tell them you do not want a mini cell in front of your home no matter what color they paint it. 
• Tell them you want public notice and public hearings before putting such antennas in your rights of ways.
• Tell them you want them to engage the Department of Health in Maryland to recommend the EPA develop safety standards. 

Send your emails of concern about this ZTA to: 
County.Council@montgomerycountymd.gov, Councilmember.Elrich@montgomerycountymd.gov, Councilmember.Riemer@montgomerycountymd.gov, Councilmember.Rice@montgomerycountymd.gov, Councilmember.Leventhal@montgomerycountymd.gov, Councilmember.Katz@montgomerycountymd.gov, Councilmember.Floreen@montgomerycountymd.gov, Councilmember.Berliner@montgomerycountymd.gov, Councilmember.Navarro@montgomerycountymd.gov, Councilmember.Hucker@montgomerycountymd.gov, Joy.Nurmi@montgomerycountymd.gov, Constantia.Latham@montgomerycountymd.gov, Neil.Greenberger@montgomerycountymd.gov, Charles.short@montgomerycountymd.gov, 

We strongly recommend calling the County Executive, County Council members, ALL your elected officials- your state representative and Senator. 

Set up meetings and/or send them your questions and concerns. If you send a letter with questions, please cc us at montgomerycountysmallcell@gmail.com

Find out who your Maryland representative is at this link- just type in your address to find out. http://mdelect.net

County Executive Ike Leggitt 
Call and tell them your concerns. 
Send email
 (240) 777-2500

County Executive Special Assistants:

• Constantia Latham Constantia.Latham@montgomerycountymd.gov
• Joy Nurmi. Joy.Nurmi@montgomerycountymd.gov
• Charles Short Charles.short@montgomerycountymd.gov

Montgomery County County Council 
Roger Berliner  D - District 1, 240-777-7828
Councilmember.Berliner@montgomerycountymd.gov
Visit Website

Marc Elrich  D - At - Large, 240-777-7966
Councilmember.Elrich@montgomerycountymd.gov
Visit Website

Nancy Floreen  D - At - Large, 240-777-7959
Councilmember.Floreen@montgomerycountymd.gov
Visit Website

Tom Hucker  D - District 5, 240-777-7960
Councilmember.Hucker@montgomerycountymd.gov
Visit Website

Sidney Katz  D - District 3, 240-777-7906
Councilmember.Katz@montgomerycountymd.gov
Visit Website

George Leventhal  D - At - Large, 240-777-7811
Councilmember.Leventhal@montgomerycountymd.gov
Visit Website

Nancy Navarro  D - District 4, 240-777-7968
Councilmember.Navarro@montgomerycountymd.gov
Visit Website

Craig Rice  D - District 2, 240-777-7955
Councilmember.Rice@montgomerycountymd.gov
Visit Website 

Hans Riemer 
D - At - Large, 240-777-7964
Councilmember.Riemer@montgomerycountymd.gov
Visit Website

Montgomery County Government LINKS

Draft ZTA

Summary of Draft ZTA Created by Montgomery County Staff

NEW!! Powerpoint Presentation September 18 Presentation by Montgomery County Government

NEW!! Powerpoint Presentation September 19 Presentation by Montgomery County Government

Interactive Map of Wireless Antennas in Montgomery County

Montgomery County Government "Towers and Antennas" Webpage
Montgomery County Government Council "Information on Small Cell Antennas" Webpage
Montgomery County Towers Committee Web Page 
Montgomery County Government "ZTA main" Webpage 

Citizen Expert Analysis

NEW! Montgomery County Civic Association Newsletter on Wireless Antennas Draft ZTA 
Summary of Draft ZTA Created by Community Advocate Sue Present: Excellent analysis.

Montgomery County  Citizens’ Cell Tower 5G Information Packet:
Created by Montgomery County Coalition : very important explains the ZTA.

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Liability Letter to the City of Santa Fe in Regards to Microwave Antennas Mounted in Rights of Ways

Read the Letter sent to Santa Fe officials in regards to Wireless Microwave Antennas Mounted in Front of Homes and Buildings...

"My clients seek proof that the City's regulations will fulfill the City's obligations:
1) to provide proof of liability indemnification in the event of damages and/or in- jury caused by said installations;
2) to require that a licensed Professional Engineer (PE) certify that said installa- tions safeguard the public's life, health and property; and
3) to protect workers who could be exposed routinely to radiofrequency radiation (RFR) emitted by PROW-mounted antennas in excess of FCC/OSHA limits.
We believe that the City is liable for any damages and/or injuries that occur that involve PROW-mounted antennas. If it is the City's position that it is not liable for the potential PROW-related damages and/or injuries outlined in this letter, then who is liable? Design regulations must clarify who is liable.
As you know, the State Torts Claim Act 40-4-1-40-4-30 NMSA explains the City's potential liability if it does not maintain its streets, highways and/or damages property. Correspondingly, under the provisions of the Tort Claims Act [41-4-1 NMSA 1978] and any liability imposed under Section 41-4-4 NMSA 1978, governmental entities are duty bound to cover every risk for which immunity has been waived.
In the City's regulations for cellular antenna installations on PROWs, my clients seek language from the City's liability insurance company or the municipal liability fund to demonstrate that the City is indemnified against losses in the event that an antenna-laden PROW catches fire or collapses (which they have been shown to do) and causes damage and/or injury to property or a person. My clients seek language demonstrating that the City will be covered in the event that ice on an antenna falls onto a person or object and causes damage." 

Liability Letter to the City of Santa Fe in Regards to Microwave Antennas Mounted in Rights of Ways  

Statement to The Montgomery County Office of Cable and Broadband Services: on the ZTA

MoCoCableOfficeOctober 20, 2017 at 9:09 AM

This comment has been posted on behalf of Sue Present by the Office of Cable and Broadband Services:

The County should stop telling us that, unless the CE’s ZTA is adopted hook-line-and-sinker, the FCC will pre-empt local regulatory authority. That message is NOT credible! 

Last year, when the PHED Committee reviewed ZTA 16-05, it asked staff to examine other jurisdictions’ solutions. Whatever happened? Instead of incorporating other communities’ best practices, the CE’s ZTA has taken a rigid approach, giving a lot to the industry and taking a lot from residents/property owners. The draft CE’s ZTA, even more so than its predecessor (ZTA 16-05), unnecessarily and dangerously sacrifices our safety; property values; the aesthetics of our neighborhoods, streetscapes, and skylines; and many traditions and priorities that have been the bedrock of County policies. And it threatens our public resources, too.

This ZTA is still a draft, continuing to undergo changes. As a result, many uncertainties remain, such as:

• How will promised new language for “replacements” prohibit Spectrum Act extensions of 10 – 20 feet in height?
• What is the scope and text of intended revisions to planned Tower Committee regulations?
• What are the details of the new MOU with PEPCO that are supposed to limit pole heights (and I presume would limit additional poles, too)?

However, enough information has already been produced to demonstrate that this ZTA and companion legislation/regulations/policies must be further modified to sufficiently:

• Protect County residents’ and workforce safety;
• Preserve the aesthetic qualities of our neighborhoods, buildings, streetscapes, and skylines;
• Provide greater flexibility/alternatives for reviews;
• Ensure residents/property owners fair notice, access to records, transparent government activities, and the opportunities to participate in application reviews;
• Fund all review, monitoring, and oversight services solely through application fees;
• Align with the underlying Zoning Ordinance and other laws/regulations, and to maintain Community Compatibility; and
• Instill Countywide trust in the systems, agencies, and officials that would be the sole reviewers and approvers of so many more antennas and cell towers, when they have heretofore let the public down through their obfuscation, violation of County regulations, and subservience to the wireless industry.

-- Sue Present

WTOP Coverage of Cell Antenna Meeting by County

 WTOP Covers New Zoning that would eliminate public notice on cell transmitters in your front yard. 

Montgomery Co. residents get another chance to comment on cell towers

By Kate Ryan | @KateRyanWTOPOctober 13, 2017 5:42 pm

FILE — In this March 13, 2017 photo, a cell tower is seen through trees in North Andover, Mass. Insurance companies are using cellphone tower data to deny claims for stolen cars, burned homes and other mishaps, despite the information coming under...

WASHINGTON — Montgomery County residents can comment on a zoning text amendment connected to regulations on the placement and size of cell towers and small cell antennas. A meeting where officials will take public comment is scheduled for Monday, Oct. 23 at the county council office building in Rockville, Maryland.

The county is subject to federal regulation on access to cell service, said Mitsuko Herrera, director of economic development initiative Ultra Montgomery, adding, “Under federal law, we cannot prohibit the provision of telecommunications service.” 

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But at the same time, Herrera said, the county is working to balance that federal mandate with local concerns, including making sure the towers and antennas are compatible with neighborhoods. Herrera handles technology and special projects for the county.

The Federal Communications Commission also requires local governments to abide by a timetable to approve cell towers and small cell antennas, Herrera said. When an applicant wants to swap out an antenna on an existing pole, the county has 60 days to review it. If an applicant is co-locating an antenna —adding one to an existing pole — the county has 90 days to carry out the review.

And, Herrera said, if the applicant is seeking to install a brand-new tower or pole, the county has a total of 150 days to conduct its review.

See a map of current and proposed locations for the antennas in Montgomery County here. 

Past meetings on the placement of cell towers and small cell antennas have included sometimes heated comments from residents who object to their placement in residential areas and have concerns about the potential health risks from radio frequency emissions.

Herrera added that while the FCC has established the standards for radio frequency emissions, it’s Montgomery County Executive Isiah Leggett’s position that the FCC needs to complete a 2013 review of those standards.

“There are standards that are in place, but they were last updated in 1996,” she said, and while the FCC initiated proceedings to update those standards in 2013, that work has not been completed.

Under the amended zoning regulation, the county would limit the height of telecommunications towers to 199 feet in rural, commercial and industrial zones. In residential areas, the height of a small cell antenna pole could be no more than 5 to 10 feet taller than the pole it replaces — depending on the width of paved roadways in the neighborhood.

So at the Oct. 23 meeting, updated information on the proposed zoning text amendment will be provided, with a chance to give public comment to follow. But this will not be the last time the public has a chance to weigh in on the issue, Herrera said.

Leggett will be drafting legislation that will be forwarded to the county council, and, she said, “As with any piece of legislation, the council will hold a formal public hearing.”

Attend the Oct. 23 meeting from 7 p.m. to 9 p.m. at the Stella B. Werner Council Office Building, third-floor hearing room, 100 Maryland Ave. in Rockville.