Glen Ellyn

Apr 27, 2020 Agedized Item G — Small Cell Requirements

(Presented by Village Attorney Mathews) (Trustee Enright)

Ordinance No. 6779-VC, An Ordinance to Amend the Glen Ellyn Municipal Code, to Replace Title 8, Chapter 6- Construction of Utility Facilities in Rights-of-Way, by Amending and Adding Certain Provisions to Chapter 6 See Meeting Packet, pdf-page 52

Public Comment 1

April 27, 2020

Dear Village Officials,

I attest and affirm that the following statements are true, accurate and within my personal knowledge.

As a Certified Health Coach, I’ve been presenting to you facts and laws that are helpful and relevant to your decision-making. This is now a request under the Americans with Disabilities Act (ADA).

The US government recognizes my disability, Electromagnetic Sensitivity (EMS), a condition with drastic impacts. In 2018, I became very ill after a new wireless modem was placed in my home. The provider never informed me of the much-increased microwave radiation it deployed. Exposure to this invisible atmospheric contaminant had been accumulating for years, and the new radiation was too much for me to tolerate. Two building biologists discovered, atop a nearby building, antennas producing extremely high pulsed, data-modulated, Radio-frequency Electromagnetic Microwave Radiation (RF-EMR) in my home.

I had over 30 symptoms, some incredibly painful and debilitating. For months I’d sleep for an hour or two at night. My central nervous system was constantly, intensely buzzing. I had headaches, brain fog, skin burning, tinnitus, and extreme exhaustion. In 2019, a so-called ‘smart’ gas meter was then installed on my home, and so-called ‘smart’ water meters on neighbors’ homes. Their additional RF-EMR forced me to sleep in my basement, where the levels are lower. I still sleep there. I spent thousands of dollars on doctors, hardwiring my internet connection and completing RF-EMR mitigation. I have removed all wireless devices from my home. I do not have full home shielding, which would cost $10,000 or more.

Since I do not consent to 4G/5G RF-EMR irradiation, this is an ADA request that you currently prohibit in tonight’s proposed Glen Ellyn Wireless ordinance:

  1. All Wireless Telecommunications Facilities (WTFs) purposed for wireless internet, fall under FCC Title I Information Services, and, therefore, NOT under the Telecommunications Act’s “effective prohibition” clause, and

  2. WTFs purposed for FCC Title II Telecommunications Services (voice calls) anywhere in a residential area where an industry-standard drive-by test proves no “significant gap in telecommunications coverage”.

You recognize that the August 2019 DC Circuit Court Decision supersedes IL 1451; and that, as FCC NEPA attorneys agree, “Every single [WTF] must go through NEPA review.” Other relevant, superseding DC Circuit decisions have occurred since.

In January 2018, FCC released an Order, 33 FCC Rcd 311 (1), which laid the foundation for IL 1451, a sweeping Act melding internet and voice WTFs – effectively preempting regulation of WTFs’ operations and purposes, in violation of the TCA’s preemption clause and common local business law.

In October 2019, the DC Circuit Court ruled that FCC no longer regulated internet, separating internet and voice into distinct legal categories. This decision, like NEPA, carries the weight of the Supreme Court. It holds that FCC’s overreach, which had allowed IL 1451, needs to be withdrawn. Portions of IL 1451 allowing lack of regulatory distinction between voice and internet are overruled by the supercession of the DC Circuit and are now moot. The Wireless ordinance must recognize this necessary distinction of purposes and operations and be so amended.

On Wednesday, April 22, 2020, I received the Village eNews. On page 7 under the page heading Upcoming Meetings, Village Board Meeting: Monday, April 27, there was a paragraph called Small Cell Wireless Code Changes. It stated “The Village Board will be considering Amendments to the Village’s Municipal Code related to permit applications for small cell wireless facilities.” It didn’t state when that would take place or where the proposed ordinance could be found for review of the residents.

I went to the Village website to the meeting agenda page for the Village Board Meeting of April 27, 2020. Then I went to the agenda packet. On page 52, I found the proposed ordinance and amendment. I literally had to jump through hoops to find anything. This ordinance affects the health and safety of the residents of Glen Ellyn. They should have been notified about this through a special email. I located it only because I had been in conversation with the Village Board since January about 4G-5G in Glen Ellyn in order to begin an open conversation and partner with you to help stop the build-out. Disallowing corner placement while allowing other residential placement, as currently proposed, is plainly discriminatory against non-corner properties, and would impact non-corner owners by undermining their health and lowering their property values worse than the policy would impact corner property owners. Aesthetics of the camouflaged poles in the downtown business districts and historical areas of town.

With the allowable prohibitions and limitations on power and proximity as requested herein, I expect to be able to participate in society. If not, then I must hold the Village liable. In sum, you must amend the ordinance in a variety of ways, and need more time to do so properly, so must postpone the vote to the next meeting.

I have expressed no "concern" or any other non-substantive matter, but solely matters of fact and law. Kindly do not misrepresent my remarks otherwise. I accept your oath of office.
Signed, this 27th day of April 2020,

Public Comment 2

April 27, 2020

Dear Glen Ellyn Officials:

I attest and affirm that the following statements are true, accurate and within my personal knowledge.

I do not consent to 4G-5G in Glen Ellyn. Because the Village did not notify residents near the locations of three applications for 4G-5G WTFs (Wireless Telecommunications Facilities), I have helped to inform them. Your duty, as officials, is to inform residents and be transparent on your website about applied-for WTFs, their locations and specs.

According to many toxicology and epidemiology studies, the pulse- modulated microwave radiation from WTFs comes in spikes at the millisecond level, which interrupt people’s sleep, train of thought and other cognitive functions. 1 “People sleeping in [nearby] homes…will have more nighttime exposure. A phone can be turned off, but a cell tower cannot be. Many governments and local jurisdictions have halted the placement of [WTFs} near schools and residences because of the higher density of radiation in the close vicinity to …antennas.” 2

Federal law, which is greater than state law, ensures that local officials have regulatory authority over the OPERATIONS of WTFs. This means, if you cannot avoid having voice-based WTFs in the Village, you can and must place a limitation, like 0.4 mW, on the Power (wattage) coming from WTFs, and enforce this with a fuse. This power allows 5 bars on a cellphone a half- mile away for voice communications, while protecting the neighborhood against the excessive radiation immediately or after modifications of WTFs in years to come. Just as you limit other businesses, you can limit telecom. And by regulating Power, you prevent personal injury and liability from it. Please be sure to write this into the Ordinance before taking any vote.

I ask you to postpone the vote for a week, so that you can insert it. Please note that internet WTFs are not needed. Based in Based in fiber-optic cable, this cable can be extended to each home, for superb service rather than bad wireless engineering. Internet falls under FCC Title I, unregulated, meaning that you need not worry about prohibiting them. Remember, our State Constitution’s Article XI is greater than any state law. I have expressed no "concern" or any other non-substantive matter, but solely matters of fact and law. I accept your oath of offices.

[1] http://www.emrpolicy.org/science/research/docs/navarro_ebm_2003.pdf

Public Comment 3

April 27, 2020

Re: AMERICANS WITH DISABILITIES ACT REQUEST

Dear Glen Ellyn Village Attorney Mathews and other Village Officials:

I attest and affirm that the following statements are true, accurate, and within my personal knowledge. I am Janet Balsavich, a professional personal trainer with diagnoses including traumatic brain injury and epilepsy. It is clear that the Village has not yet taken into account many factors that must by law be considered prior to taking any vote or other action upon the proposed Village Ordinance (“Ordinance”), for which reason the vote must be postponed. In particular, this Americans with Disabilities Act (“ADA”) request must by law be answered in a compliant manner prior to any vote on the Ordinance.

Please be aware that ambient, pulse-modulated microwave (“MW”) radiation from wireless telecommunications facilities (“WTFs”) can induce seizures, particularly in persons already susceptible to them. Each seizure that occurs does permanent damage to the human or animal brain that suffers it. If this were to occur to me anywhere in Glen Ellyn, as I practice my profession, use public offices or spend time in my home, I would have to hold my Village officials liable for that damage. For example, if I became unable to practice my profession at all, due to seizures along the way or at the location where I see clients, the Village would be liable for my income and more.

Please note that I avoid MW radiation in my job by refusing to use any Power Plate, Hypervolt or Theragun, which is often used by sports professionals. At home, I do not use a MW oven. My medicine to protect again seizures only goes so far, and when ambient radiation imposes more strongly or over a longer period of time, seizures can yet occur. For these reasons, I cannot be exposed to any more radiation from 4G-5G in Glen Ellyn, where I reside and participate in society, and do not consent to it. Thus, this is an official request under the Americans with Disabilities Act (ADA) that you prohibit in the new Ordinance all WTFs purposed for wireless internet, which fall under FCC Title I (unregulated), and do not fall under the Telecommunications Act of 1996 (“TCA”) “effective prohibition” clause. You can and must prohibit them in the Ordinance because:

  1. They are not necessary, as internet is best provided by means of fiber-optics to the premises (FTTP); an applied-for activity that is not necessary grants an applicant no right.

  2. They are not required to be placed in municipalities under federal law, as the DC Circuit Court of Appeals determined FCC no longer to have authority over internet on October 1, 2019, and passed this authority back to state and local officials on that date.

  3. That date of the said federal decision occurred after the passage of IL SB 1451, thereby superseding the State Act and providing thereby local governments authority over internet- purposed WTFs.

This is additional an official request under the ADA that you prohibit in the new Ordinance all WTFs purposed for wireless voice communications (falling under FCC Title II), that are not necessary, by means of establishing in the Ordinance the requirement for positive and independent determination of their need or lack thereof. For example, where voice coverage in a proposed or applied-for area has no “significant gap in coverage”, per TCA, an applicant lacks the right to be permitted. This must be upheld in the Ordinance with required drive-by tests. The operations of 4G-5G, if allowed in Glen Ellyn, would have adverse effects upon my health and the health and healing of friends and clients in Glen Ellyn, particularly those battling dementias and Alzheimer’s. Radiation operations would accelerate their cognitive decline, leading to further Village liability. The antennas currently operating are already taking a toll on everyone’s brain health, but some suffer more than others. With additional irradiation, all persons would be overloaded with this atmospheric contaminant.

Specifically, damages from 4G-5G irradiation to the Blood Brain Barrier (“BBB”) would affect everyone including yourselves. The BBB is a protective shield around the brain, protecting it from the intrusion of environmental pollutants, viruses, and bacteria. It also selectively allows nutrients and neurotransmitters to pass, so that the brain can function properly. However, MW radiation reduces the protective capacities of the BBB, allowing in damaging substances. Due to my disabilities, I cannot suffer more anatomical damage to my brain.

It is imperative that the pulse-modulated MW radiation that deploys from 4G/5G not be allowed into residential neighborhoods. Disallowing corner placement while allowing other residential placement, as currently proposed, is plainly discriminatory against non-corner properties, and would impact non- corner owners by undermining their health and lowering their property values worse than the policy would impact corner property owners.

The Ordinance must consider residential areas and health care facilities as even more sensitive than schools, and protect them with setbacks, 500-1500 feet, accordingly. In addition to the necessary prohibitions, as above, the power (wattage) of on each WTF must be limited to that which gives wireless voice communications (FCC Title II) only the “adequate coverage” provided in TCA. For this purpose, the Ordinance must require that a fuse be placed upon each pole to host a WTF, and enforcement system therefor, to ensure that wattage does not exceed 0.4 mW. Moreover, since WTFs induce transients or “dirty electricity” in the Village’s wiring, a filter must also be required to be placed on each such pole at the permittee’s expense. With the allowable prohibitions and limitations on power and proximity, I expect to be able to participate in society. If not, then I must hold the Village liable.

I have expressed no concern or any other non-substantive matter, only matters of fact and law. I accept you oath of office.

Public Comment 4

I am a 16 year resident in Glen Ellyn and we have a family of 4 children and a business in downtown Glen Ellyn. We thank you for your hard work and for being our community advocates during COVID 19. With so many facets of this disease, however, tonight’s meeting should only be about COVID 19. This current time is not the appropriate time to be making any decisions about updating the wireless ordinance until you can have an open conversation in person with the Glen Ellyn Residents. The ordinance wasn’t even available to read until last Wednesday. It’s not even mentioned on the "Priority Village Projects and Initiatives" page on the Village’s web-site. It was listed on page 7 of an email that it would be on the agenda tonight. Most wouldn’t have even seen something so important, so far down the email. Perhaps if the meeting was a month from now, and a more public announcement had been made on the web-site, the 7th page would’ve perhaps been deemed appropriate. Then my husband and I had to go to the website, search for the agenda packet and go to 52 to even locate it. People need time to review this very lengthy document and then have an in person conversation with the board once there are meetings in person again. I don’t see transparency regarding this issue. With all due respect, the people have a right to have discourse with you about this matter and trying to move this matter along during a pandemic is not responsible. The people of Glen Ellyn have a right to be heard. We aren’t going to go away, we live here.

Public Comment 5

Dear Village board,

Many residents of Glen Ellyn do not consent to the construction of the so-called small cell wireless antennas being deployed in our community. These powerful antennas for 4G + 5G service are being placed in close proximity to our homes, schools and other places where we engage in the activities of our daily lives, even though there established science that shows significant negative health consequences and biological impacts. This is an undeniable hazard.

Over 240 scientists from more than 40 countries have opposed 4G/5G densification, via the EMF Scientists Appeal, regarding the ubiquitous and increasing exposure to pulsed, data-modulated, Radio-frequency Electromagnetic Microwave Radiation (RF-EMR) and EMFs, generated by wireless infrastructure.

PLEASE CONTINUE THIS ITEM TO A FUTURE MEETING!

The public needs to air their grievances to their government face-to-face. That is not happening this evening so a vote tonight would be a clear due process violation and a reason to set aside any vote tonight.

The Glen Ellyn City Council members need sufficient time to gather expert information and scientific data in order to be fully informed before they vote on it. The City attorney is not sufficiently informed on the legal options and the scientific data that is relevant here. The public needs time to read and discuss this important matter. We need a to continue this item this evening.

I, as many families in Glen Ellyn have small children. I DO NOT give my consent for my children to be forcibly exposed to toxic RF-EMR, EMFs and wireless radiation.

Glen Ellyn is a town comprised of passionate, educated and competent residents who stand up for what they believe in. I, as well as many other qualified professionals believe that The implementation of 5G in our neighborhoods will have serious health repercussions. Effecting our most vulnerable ( OUR CHILDREN) the most.

Glen Ellyn deserves a vote on what will ultimately effect not only property value but every single resident.

Thank you for your time,

Public Comment 6

April 27, 2020

Dear Glen Ellyn Officials:

I attest and affirm that the following statements are true, accurate and within my personal knowledge.
I do not consent to 4G-5G in Glen Ellyn. Because the Village did not notify residents near the locations of three applications for 4G-5G WTFs (Wireless Telecommunications Facilities), I have helped to inform them. Your duty, as officials, is to inform residents and be transparent on your website about applied-for WTFs, their locations and specs.

According to many toxicology and epidemiology studies, the pulse-modulated microwave radiation from WTFs comes in spikes at the millisecond level, which interrupt people’s sleep, train of thought and other cognitive functions. “People sleeping in [nearby] homes…will have more nighttime exposure. A phone can be turned off, but a cell tower cannot be. Many governments and local jurisdictions have halted the placement of [WTFs} near schools and residences because of the higher density of radiation in the close vicinity to …antennas.”
Federal law, which is greater than state law, ensures that local officials have regulatory authority over the OPERATIONS of WTFs. This means, if you cannot avoid having voice-based WTFs in the Village, you can and must place a limitation, like 0.4 mW, on the Power (wattage) coming from WTFs, and enforce this with a fuse. This power allows 5 bars on a cellphone a half-mile away for voice communications, while protecting the neighborhood against the excessive radiation immediately or after modifications of WTFs in years to come. Just as you limit other businesses, you can limit telecom. And by regulating Power, you prevent personal injury and liability from it. Please be sure to write this into the Ordinance before taking any vote. I ask you to postpone the vote for a week, so that you can insert it.

Please note that internet WTFs are not needed. Based in fiber-optic cable, this cable can be extended to each home, for superb service rather than bad wireless engineering. Internet falls under FCC Title I, unregulated, meaning that you need not worry about prohibiting them. Remember, our State Constitution’s Article XI is greater than any state law.

I have expressed no "concern" or any other non-substantive matter, but solely matters of fact and law. I accept your oath of offices.

Public Comment 7

I attest and affirm that the following statements are true, accurate within my own personal knowledge.

These comments are relevant to all residents of the Glen Ellyn dealing with so-called "small" Wireless Telecommunications Facilities, misleadingly branded "Small Cells", which is a misnomer because the maximum Effective Radiated Power Output from"Small Cells" in residential neighborhoods that reaches bedrooms is much higher than from Macro Cell Towers that are 3,000 feet away.

**Small Cells are, therefore, Macro Towers. **In short they are not nearly small enough.

Consider "What is Allowed" vs. "What is needed" for Telecommunications Service for 1/2 miles radius of the sWTF.

  • Allowed: 50 feet or less in height vs. Needed: any height that does the job
  • Allowed: Equipment volume of 31 cubic feet or less vs. Needed: size of a Wi-Fi Router
  • Allowed: Antenna 48" high vs. Needed: Antenna 4" high

You are allowing Macro Towers to be installed right outside of people ‘s homes because you are not regulating all three key variables: Vertical, Horizontal, Power. If you haven not regulated all three, then you have achieved nothing.

Why is that?

The RF Engineer in Sonoma, CA already admitted the following in the Public record on Sept 12, 2019.

Lee Afflerbach from CTC Technology and Energy:

"each small cell is capable of almost putting out the same energy as one macro cell. The radios that they are using are the exact same radios that are up on the macro towers. It’s not a different technology . . . the same boxes and antennas as on macro towers. I see them all the time."

Glen Ellyn can therefore power off all Small Cells and unneeded WTFs in Glen Ellyn during the COVID-19 community spread.

These sWTFs are unnecessary, ancillary and frivolous sources of entertainment; they are not needed for making emergency calls — we could already do that in Glen Ellyn— without any of these sWTFs. Your Wireless Ordiance must include a test for need — industry-standard drive tests — that can be paid for by applicants, but conducted by third party professionals. This is a bare minimum requirement that is completely missing at this stage. DO NOT VOTE until this is addressed.

I have expressed no matter of mere concern but solely matters of substance, fact and law.

Public Comment 8

I attest and affirm that the following statements are true, accurate, and within my personal knowledge.

Tonight’s meeting is a terrible example of Democracy. US and IL citizens have inalienable rights that cannot be taken away during the COVID-19 alleged emergency — yet the City Staff, City Council Members, City Attorney and City Clerk have done just that this evening by not allowing Glen Ellyn residents to address their grievances with their government face to face.

The unpracticed and awkward reading of their words by the City Clerk DOES NOT give this critically important testimony the persuasiveness it deserves. The City Attorney is either ill-informed or just playing dumb, as we have shared with him many legal strategies the City can use to better regulate WTFs by adding local laws that are the equivalent of speed limits, seat belts and air bags for the WIRELESS INDUSTRY, which lacks sufficient regulation today.

The FCC Microwave radiation guideline, is not scientific and has been a farce since day one. You need to understand that such a guideline does not provide effective protection or safety.

In short, you cannot rely on this guideline at all. It is much better to regulate for energy efficiency and allowing only the minimum power needed to provide Telecommunications service. That is a legal, defensible regulation that stands up in court as there is no prohibition of Wireless Telecommunications service. in that instance.

Be smart. Get educated. Respect the constitution and do not vote this weak Wireless Ordinance through this evening. Please continue the item until the COVID-19 pandemic shelter-in-place orders have been lifted.

I have expressed no matter of mere concern but solely matters of substance, fact and law.

Public Comment 9

Studies

  • Parathath SR, Parathath S. Tsirka SE. “Nitric Oxide Mediates Neurodegeneration and Breakdown of the Blood-Brain Barrier in tPA-Dependent Excitotoxic Injury in Mice.” Journal of Cell Science. Vol. 119. (January 15, 2006): 339-349. Doi: 10.1242/jcs.02734.

    • EMF’s can cause an increased Permeability in the BBB and this damage can contribute to neurodegenerative processes like Alzheimer’s disease.
  • Salford LG, Brun A, Sturesson K, Eberhardt JL, Persson BR. “Permeability of the Blood-Brain Barrier Induced by 915 MHz Electromagnetic Radiation, Continuous Wave and Modulated at 8, 16, 50, and 200 Hz.” Microscopy Research and Technique. Vol. 27, no. 6. (April 15, 1994): 535-42. Dpo” 10.1002/jemt. 1070270608.

    • This study shows that, of the 184 exposed rates to 915 MHz in continuous & pulsed signals for two hours, 56 of them had two proteins still present in their brains which are normally filtered out by the BBB. That was only for 2 hours, being exposed all day long will cause significant unwanted proteins to permeate through the BBB and cause damage such as seizures and dementia in the brain.
  • Tang J, Zhang Y, Yang L, Chen Q, Tan L, Zuo S, Feng H, Chen Z, Zhu G. “Exposure to 900 MHz Electromagnetic Fields Activates the mkp-1/ERK Pathway and Causes Blood-Brain Barrier Damage and Cognitive Impairment in Rats.” Brain Research. Vol. 1601. (March 19, 2015): 92-101. Doi: 10.1016/j .brainres.2015.01.019.

    • This study exposed 108 rats to 900 MHz at an intensity of 1 milliwatt per square centimeter for just three hours over the course of the day and shows significant leakage of the BBB after both 14 or 28 days compared to rats that were not exposed. That is just a total of three hours a day! I, as well as the residents of Glen Ellyn will be exposed to 4G/5G radiation every minute, every second, every mili-second in the course of a 24 hour day/night.
  • Salford LG, Nittby H, Persson BRR. “Effects of Electromagnetic Fields from Wireless Communication upon the Blood-Brain Barrier.” Prepared for the BioInitiative Working Group. September 2012. https://bioinitiative.org/wp-content/uploads/pdfs/sect10_2012_Effects_Electromagneticd_Fields_Wireless_Communication.pdf.

    • The BioInitiative Report details our knowledge of the impact of EMFs on the BBB has evolved. It is a comprehensive review of the science on the physiological effects of EMFs, is very detailed and explains precisely how EMFs impact your BBB. It shows that hot spots in the brain occur as a result of exposure to radiation emitted by cell phone antennas. Unfortunately for us, The FCC formulated exposure limits to prevent a rise in brain temperature of more then one degree Celsius, and was not designed to maintain baseline brain temperature. As we all know, a one-degree rise in temperature is usually called a fever. Although, the increase in temperature is not the primary source of damage, but it is the oxidative damage that cell phone radiation triggers, and it is similar to the harm caused by ionizing radiation, like x-rays. You can check these and many other progressions in the BioInitiative Report.