HomeMy WebLinkAboutDocumentation_Regular_Tab 20_7/14/2022Agenda Item #20.
Regular Council
STAFF MEMO
Meeting: Regular Council - Jul 14 2022
Staff Contact: Keith Davis, Village Attorney Department: Legal
RESOLUTION NO. 23-22 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA URGING THE STATE LEGISLATURE AND FEDERAL GOVERNMENT TO
INITIATE A STUDY OF THE HEALTH EFFECTS OF SMALL WIRELESS FACILITIES PLACED AND
MAINTAINED IN PUBLIC RIGHTS -OF -WAY FOR PURPOSES OF ACCOMMODATING 5G
COMMUNICATIONS TECHNOLOGY, AND TO DEVELOP INSTALLATION GUIDELINES THAT
ALLOW FOR THE PROTECTION OF THE HEALTH, SAFETY, AND WELFARE OF RESIDENTS AND
GUESTS WHO MAY RESIDE OR TRAVEL WITHIN PROXIMITY THERETO; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
The proposed resolution expresses health and safety concerns surrounding 5G technology and its
placement in local rights or way, especially proximate to residential neighborhoods. The resolution
urges both state and federal authorities to undertake scientific study of the issues and formulate use
guidelines for the protection of the public health, safety, and welfare. THe resolution is modeled after
a similar resolution adopted by the City of Hallandale Beach in 2019.
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Village Council discussion and adoption.
5G Call for Scientific Research
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Agenda Item #20.
RESOLUTION NO. 23-22
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA URGING THE STATE LEGISLATURE AND
FEDERAL GOVERNMENT TO INITIATE A STUDY OF THE HEALTH
EFFECTS OF SMALL WIRELESS FACILITIES PLACED AND
MAINTAINED IN PUBLIC RIGHTS -OF -WAY FOR PURPOSES OF
ACCOMMODATING 5G COMMUNICATIONS TECHNOLOGY, AND TO
DEVELOP INSTALLATION GUIDELINES THAT ALLOW FOR THE
PROTECTION OF THE HEALTH, SAFETY, AND WELFARE OF
RESIDENTS AND GUESTS WHO MAY RESIDE OR TRAVEL WITHIN
PROXIMITY THERETO; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
WHEREAS, small wireless facility equipment is designed to boost cellular service
from the existing wireless carriers and will enable those carriers to implement 5G (fifth
generation) technology by placing these installations on existing streetlights and utility
poles; and
WHEREAS, concerns have been raised about the health risks of 5G technology
including small wireless facility installations. Many studies have linked low-level wireless
radio frequency radiation exposures to adverse biological effects including DNA single
and double strand breaks, oxidative damage, disruption of cell metabolism, increased
blood brain barrier permeability, melatonin reduction disruption to brain glucose
metabolism and generation of stress proteins. This list warrants additional scientific
studies before residents are put at risk; and
WHEREAS, the health hazards of 5G technology have been intensely debated at
the federal level before Congress and the Federal Communications Commission (FCC).
There does not appear to be any widely accepted definitive scientific study that proves
one way or the other whether small wireless facility installations emitting extremely
high or "millimeter 30 wave" frequencies above 24 GHz may have an adverse health
impact, although in 2011 the World Health Organization classified radio frequency
radiation as a possible 213 carcinogen; and
WHEREAS, the only applicable FCC standards for radio -frequency radiation
emissions were set in 1996 and did not consider the use of modern wireless equipment
like small wireless facilities that will be located close to residences. Mere compliance
with the FCC's outdated standards does not assure safety; and
WHEREAS, the State of Florida has preempted local governments from
regulating the installation of small wireless facilities as it relates to their transmissions
and their potential health effects; and
WHEREAS, the FCC adopted regulations in 2018 that are intended to facilitate
the installation of 5G technology which "underscore the FCC's commitment to ensuring
Page 520 of 524
Agenda Item #20.
that the United States wins the global race to 5G," as stated in the FCC Press Release
dated September 26, 2018; and
WHEREAS, global communications and technological advancements are
important components of the state and federal economy but need not come at the
expense of the public's health. As the world's leading economy, the United States can
and should "win the global race" but should also protect its residents from potential long
term health effects that will only further harm the economy in the future; and
WHEREAS, the FCC's action allows private communications service providers
the right to put antennas and transmission control boxes on municipal -owned streetlight
poles and privately -owned utility poles subject to only minimal limitations. This means
that a 5G small wireless facility could potentially be mounted on the streetlight or utility
pole in proximity to a resident's home, and there would be little the resident could do
about it. Given the health concerns described above, the Village Council of the Village
of Tequesta believes this should cause great concern for all Village of Tequesta
residents; and
WHEREAS, the Mayor and Village Council hereby find that it is in the best
interest of the residents of the Village of Tequesta to urge the state and federal
governments to initiate independent scientifically reliable studies of the health effects of
small wireless facilities and 5G technology on residential populations and develop
guidelines for the installation of this technology that will protect the health, safety, and
welfare of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA THAT:
SECTION 1. Each of the above recitals are true and correct, and are hereby
incorporated herein.
SECTION 2. The Village Council of the Village of Tequesta hereby urges the
state and federal governments to initiate independent scientifically reliable studies of the
health effects of small wireless facilities and 5G technology on residential populations
and develop guidelines for the installation of this technology that will protect the health,
safety, and welfare of the public.
SECTION 3. The Village Council hereby directs the Village Manager to do all
things necessary and proper to have this Resolution delivered to appropriate state and
federal representatives for their attention.
SECTION 4. This Resolution shall become effective immediately upon its
adoption.
APPROVED AND ADOPTED this day of
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