FOR THE RECORD: ATTORNEY ANALYSIS OF WHAT WHITE PLAINS SHOULD INCLUDE IN TELECOMMUNICATIONS CELLTOWER ORDINANCE SCHEDULED FOR VOTE THIS EVENING

WPCNR FOR THE RECORD. Excerpts of Attorney Analysis of Specifications to be addressed in zoning for Small Wireless Facilities: Used with permission. May 3, 2021:

WPCNR has obtained the 49 page analysis prepared by the noted attorney Andrew Campanelli, which was furnished to the City of White Plains, after Mr. Campanelli was commisioned to prepare the report in view of 5GWestchester concerns over the construction of 5G celltowers in White Plains..

WPCNR has excerpted descriptions of primary considerations cities and towns should be aware of in analysis of future celltown installations in the city., beginning with his final recommendations of note:

2. Reductions in Property Values (Below)

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VACCINATIONS TODAY. 23% of ALL 7 MID-HUDSON COUNTY POPULATION FULLY VACCINATED. WESTCHESTER 40%.

WPCNR CORONAVIRUS REPORT. From Governor Andrew M. Cuomo’s Office, with WPCNR local details PROVIDED . May 3, 2021:

(Editor’s Note: The day after Governor Cuomo announced the lowest state wide infection rate of Coronavirus new cases of 1.5% of those tested –the lowest infection rate since October 28– he issued this report on the progress of Covid-19 vaccinations.

Local details: In the Mid Hudson region consisting of Westchester, Dutchess, Orange , Putnam, Rockland, Sullivan, Ulster Counties, 705,877 persons have completed both doses, 23% of the 3,100,000 total residents in all 7 counties.

On Saturday, Westchester County found 96 persons testing positive of 8,391 tested for an infection rate of 1.2% the county lowest total percentage since the second wave of covid spread began 6 months ago.

The last time the county tested this low was October 21, when the positive rate was 1.3%. This completed a week where total persons tested positive in the county averaged 1.6% per day. The number of new persons found positive for covid was 857.

In two weeks time given a hospitalization rate of 3% last week would find 25 persons needing hospitalizations, down from 120 hospitalizations a week when new positives were running 400 a day just before April 1 and hospitalizations of persons testing positive were running at the rate of 4.3% in the county. End Editor’s Note)

The Governor’s report:

93,940 Doses Administered in the Last 24 Hours          

More than 1.2 Million Doses Administered Over Past Seven Days           

Vaccine Dashboard Updated Daily on the State’s Vaccine Program Here    

Governor Andrew M. Cuomo today updated New Yorkers on the state’s vaccination program. 93,940 doses have been administered across the state’s vast distribution network in the last 24 hours, and more than 1.2 million doses have been administered over the past seven days. The week 20 allocation of 1,419,795 first and second doses is expected to finish arriving today. 

“Our progress in beating back this virus has allowed us to slowly reopen our state and, if more people get vaccinated and the overall metrics continue to move in the right direction, we are optimistic that we can stay on this trajectory.” Governor Cuomo said. “We cannot afford to get cocky, nor can we get lax in our vaccination efforts. Even as the spring season is in full swing and more people want to get outside and enjoy the warm weather, the footrace between the infection rate and the vaccination rate is still on. I remind all New Yorkers who still need to get the vaccine that it’s the only way to show support for our health providers who work tirelessly to get shot into people’s arms – and for everyone in their community who is vulnerable to this virus.”  

All New York State mass vaccination sites are now open to eligible New Yorkers for walk-in vaccination on a first come first serve basis. The walk-in appointments are reserved for first doses only with second doses to be scheduled automatically after administration of the initial shot. In addition, all vaccine providers are encouraged to allow walk-in appointments for eligible New Yorkers. People who would prefer to schedule an appointment at a state-run mass vaccination site can do so on the Am I Eligible App or by calling 1-833-NYS-4-VAX. People may also contact their local health department, pharmacy, doctor or hospital to schedule appointments where vaccines are available, or visit vaccinefinder.org to find information on vaccine appointments near them.           

STATEWIDE BREAKDOWN

Total doses administered – 15,643,329

Total doses administered over past 24 hours – 93,940

Total doses administered over past 7 days – 1,208,303

Percent of New Yorkers with at least one vaccine dose – 46.5%

Percent of New Yorkers with completed vaccine series – 34.9%  

 People with at least one vaccine dose People with complete vaccine series 
RegionCumulativeTotalIncrease over past24 hoursCumulativeTotalIncrease over past24 hours
Capital Region546,8331,448414,6762,023
Central New York448,121678367,6962,374
Finger Lakes561,6401,373434,1932,464
Long Island1,184,0466,014864,2875,119
Mid-Hudson982,7672,878705,8774,674
Mohawk Valley221,091405178,8281,282
New York City4,235,60620,0093,120,64736,340
North Country205,217367179,4311,022
Southern Tier292,504642234,2051,257
Western New York601,8262,692455,2712,546
Statewide9,279,65136,5066,955,11159,101
RegionTotal Doses ReceivedTotal Doses Administered% of Total Doses Administered/ReceivedFirst Doses ReceivedFirst Doses Administered% of First Doses Administered/Received
Capital Region1,115,785933,44183.70%670,255546,83381.60%
Central New York874,055776,38788.80%495,580448,12190.40%
Finger Lakes1,109,300966,20387.10%638,315561,64088.00%
Long Island2,219,0301,987,97289.60%1,328,4151,184,04689.10%
Mid-Hudson1,804,0901,617,49389.70%1,073,865982,76791.50%
Mohawk Valley477,125390,75681.90%264,210221,09183.70%
New York City8,094,5957,075,05887.40%4,807,4004,235,60688.10%
North Country421,290377,94289.70%226,805205,21790.50%
Southern Tier590,370509,31786.30%335,005292,50487.30%
Western New York1,151,7451,008,76087.60%681,335601,82688.30%
Statewide17,857,38515,643,32987.60%10,521,1859,279,65188.20%
 
                                                                     
1st doses fully delivered to New York Providers 2nd doses fully delivered to New York Providers TOTALCUMULATIVE
Week 1Doses arriving 12/14 – 12/20163,6500163,650163,650
Week 2Doses arriving 12/21 – 12/27452,1250452,125 615,775
Week 3Doses arriving 12/28 – 01/03227,3950227,395843,170
Week 4Doses arriving 01/04 – 01/10239,025165,150404,1751,247,345
Week 5Doses arriving 01/11 – 01/17221,315119,925 341,240 1,588,585
Week 6Doses arriving01/18- 01/24250,400462,395 712,795 2,301,380
Week 7Doses arriving01/25 – 01/31260,150239,525499,6752,801,055
Week 8Doses arriving02/01 – 02/07321,850220,720542,5703,343,625
Week 9Doses arriving02/8 – 02/14320,000244,500564,5003,908,125
Week 10Doses arriving2/15 – 2/21356,990265,525622,5154,530,640
Week 11Doses arriving2/22 – 2/28393,530305,780699,3105,229,950
Week 12Doses arriving03/01 – 03/071,020,660290,5001,311,1606,541,110
Week 13 Doses arriving 03/08 – 03/14618,880526,4151,145,2957,686,405
Week 14 Doses arriving 03/15 – 3/21699,790584,7751,284,5658,970,970
Week 15 Doses arriving 03/22 – 3/28828,000737,0801,565,08010,536,050
Week 16 Doses arriving 03/29 – 04/04819,800569,9051,389,705 11,925,755
Week 17 Doses arriving 04/05 – 04/121,068,455658,7701,727,22513,652,980
Week 18 Dosesarriving 04/12 – 04/18763,825774,8251,538,65015,191,630
Week 19 Dosesarriving 04/12 – 04/18738,340507,6201,245,96016,437,590

The COVID-19 Vaccine Tracker Dashboard is available to update New Yorkers on the distribution of the COVID-19 vaccine. The New York State Department of Health requires vaccinating facilities to report all COVID-19 vaccine administration data within 24 hours; the vaccine administration data on the dashboard is updated daily to reflect the most up-to-date metrics in the state’s vaccination effort.   

New Yorkers who suspect fraud in the vaccine distribution process can call 833-VAX-SCAM (833-829-7226) toll-free or email the state Department of Health at [email protected]. Hotline staff will route complaints to the appropriate investigative agencies to ensure New Yorkers are not being taken advantage of as the State works to vaccinate the entire eligible population.   

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CITY TO VOTE ON NEW TELECOMMUNICATIONS AMENDMENT MONDAY NIGHT. RESIDENTS URGE RIGOROUS REWRITE. NOT PROTECTIVE THEY ALLEGE

 WPCNR COMMON COUNCIL CHRONICLE EXAMINER By John F. Bailey. May 1, 2021:

On Monday evening the White Plains Common Council will vote on a new telecommunications code regarding the installation of new “small cell” antennas required for the deployment of 5G technology. The code has been the subject of concern for many residents who object to the placement of these antennas in close proximity to their homes or apartments because of issues of safety, privacy, security, property values and health. 

A White Plains resident who has been following this issue contacted WPCNR and expressed their concerns:

“The proposed amendment to the White Plains telecom code is weak and provides no protections for residents. It enables telecoms to install their powerful cell antennas next to homes, schools, play areas and houses of worship in residential neighborhoods exposing residents especially children to nonstop radiofrequency radiation. The City of White Plains needs to first and foremost protect its residents immediately.”

The resident elaborated:

Critics of the new proposed code say it fails to address many of these concerns and leaves the City open to potential liability because the giant telecoms promoting 5G technology have been unable to obtain liability insurance against health claims. Taxpayers could be on the hook for future problems. 

Concerns about potential health problems have been growing since a 2018 study by the National Institutes of Health that found that exposure to RF radiation – the kind emitted by wireless antennas – caused an increase in cancer and DNA damage in lab animals. The ten-year, $30 million dollar study was the most comprehensive ever conducted, and was designed to determine whether or not such radiation could cause biological harm. The results confirmed thousands of smaller, independent studies. 

“The wireless industry is just pretending that study never happened,” said Doug Wood, Founder and Director of Americans for Responsible Technology, a non-profit organization. “Instead of pushing their unproven technology on the public, what they should be doing is figuring out how to make it safe.” 

While the Federal government has restricted the ability of local governments to regulate the placement of wireless antennas, critics say there are many things the City could still do to improve its code and make it more protective, but that numerous meetings with the mayor have failed to produce a satisfactory result.

Meantime powerful cell antenna installations continue to proliferate local residential neighborhoods across White Plains right next to homes and play areas including most recently on Bolton and Overlook, Miles and Ralph, and Seton and Sammis Lane.

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FOR THE RECORD: TRANSCRIPT OF NEW TELECOMMUNICATIONS ORDINANCE TO BE CONSIDERED MONDAY EVENING BY COMMON COUNCIL

WPCNR FOR THE RECORD. Transcript of proposed Enhanced telecommunications code for City of White Plains regulation of celltower installations and conditions for new applications presently to be considered Monday May 3rd by Common Council. May 1, 2021:

AN ORDINANCE TO AMEND CHAPTER 4-23 OF THE WHITE PLAINS MUNICIPAL CODE ENTITLED “TELECOMMUNICATIONS FRANCHISES AND LICENSING” TO AMEND SECTION 4-23-4(C)  REGARDING REVIEW OF APPLICATIONS  AND TO ADD NEW SECTIONS 4-23-12 REGARDING  PREFERRED LOCATIONS FOR SMALL WIRELESS FACILITIES AND NOTICE REQUIREMENTS, 4-23-13 REGARDING LIABILITY INSURANCE, 4-23-14 REGARDING TESTING OF SMALL WIRELESS FACILITIES, 4-23-15 REGARDING SMALL WIRELESS FACILITIES ON PRIVATE PROPERTY AND 4-23-16 INSTALLATION OF EQUIPMENT.

Section 1. Chapter 4-23-4 (C) of the White Plains Municipal Code is hereby amended to read as follows:

            (c)The application fee for installation of small wireless facilities as defined by the Federal Communications Commission’s Declaratory Ruling and Third Report and Order adopted September 26, 2018 (No. 18-133) shall be $500 for up to five (5) units and $100 for each additional unit proposed and a fee of $1,000 if a new pole is proposed for the facility. Said non recurring fee shall apply to the initial application for a small wireless facilities as part of the franchise agreement as well as subsequent requests for additional units in the future.  Applicants shall also pay a deposit, in the amount of six hundred ($600) dollars per each unit to cover the City’s initial costs in reviewing and processing the request. Payment shall be made by depositing six  hundred ($600.00) dollars per each unit with the Department of Public Works with the initial application fee prescribed in this subsection. The city may draw from the deposit account after providing the Applicant written notice of the reasonable costs to be paid from the account. Applicants shall be responsible for payment of such additional reasonable costs as the City may incur in reviewing the application. Such reasonable costs may include, but are not limited to, internal staff time, and reasonable costs associated with the retention of consultants to provide additional expertise where needed. In the event such additional expenses are required, the City shall so advise the applicant. Any outstanding amount shall be due upon final action on the application and must be paid prior to the City’s issuance of any permit under this section. Any amounts not expended in the review shall, upon written request to the City be returned to the Applicant.

            Section 2. Chapter 4-23 of the White Plains Municipal Code is hereby amended by adding a new Section 4-23-12 to read as follows:

            4-23-12.          Preferred locations for small wireless facilities and notice requirements.

(a) To the extent technically feasible, small wireless facilities should be located first in industrial districts, secondly in business districts and last in residential districts;

(b)  To the extent technically feasible, no  small wireless facilities as defined in 47 C.F.R. §1.6002(1) shall be located in the Front Facade Area of a residential structure,  any public, private and/or state-chartered preschool, elementary school, or secondary school, daycare center or nursing home or use (“Front Facade Area” being the area of the public right-of-way directly in front of any of the aforementioned structures, identified by drawing a perpendicular line from each corner of the structure to the public right-of-way) but rather, if required, such facilities shall be located at the intersecting point of the front and side property lines;

(c)       Notwithstanding the preferences in subsections a and b hereof, the Commissioner of Public Works may approve the location of a small cell wireless facility wherever necessary to meet the Applicant’s network service needs, reduce the facilities aesthetic impact or prevent a violation of law.

(d)   The Applicant shall provide notice of an application for a small wireless facility to the owners of  property, if any, located within 500 feet of the proposed small wireless facility. Such notice shall be sent by certified mail within five (5) days of filing for approval from the City which notice shall indicate (i)that the application is being considered by the Commissioner of Public Works and, if traffic poles are being utilized, by the Deputy Commissioner of Parking for Transportation,  (ii) that the Commissioner(s) may consider whether a nearby location might have less of an aesthetic impact and be a safer location as well as the necessity of a general location to provide adequate service coverage for the Applicant’s network and (iii) all comments should be promptly emailed to [email protected].

            Section 3. Chapter 4-23 of the White Plains Municipal Code is hereby amended by adding a new Section 4-23-13  to read as follows:

            4-23-13 Liability Insurance

All franchise agreements for small wireless facilities as defined in 47 C.F.R. §1.6002(1) shall   provide general liability insurance without a pollution exclusion or in the event that franchisee cannot obtain general liability insurance without a pollution exclusion, the franchisee may supply self-insurance, so long as the net worth of the party electing to self-insure shall exceed Fifty Million Dollars ($50,000,000.00) in Constant Dollars, upon the following terms:

a.         If the franchisee elects to self-insure for this risk, which would otherwise be covered by third party insurance required to be maintained hereby if such party had not elected to so self-insure, occurs:

            (1) with respect to a  commercial general liability insurance claim that would be covered except for the pollution exclusion clause of the commercial general liability policy, the self-insuring party shall undertake the defense of any such claim, including a defense of the other party, at the sole cost and expense of the self-insuring party;

            (2) the self-insuring party shall use its own funds to pay any claim or otherwise provide the funding which would have been available from insurance proceeds but for the election to self-insure (and this item (2) shall not be construed in any manner to prevent or restrict the self-insuring party from pursuing any claim against any party, except the other party and the other party’s Indemnified Parties, with respect to such claim after the self-insuring party has paid the claim);

            (3) since the franchise agreements require the City to be named as an additional insured, the self-insuring party shall have the same fiduciary duties to the other party that the self-insuring party’s third party insurer would have had to the other party if

            (i) such third party insurer was providing such insurance and

            (ii) such third party insurer had named the other party as an additional insured with respect to such insurance;

            (4) the claim shall be treated as an insured claim hereunder, and

            (5) the expiration or termination of the franchise agreement or any default by the other party hereunder shall not terminate or otherwise affect the obligation of the self-insuring party to provide, through such self-insurance, the insurance coverage the self-insuring party would otherwise be required to obtain from a third party insurer hereunder.

            Section 4. Chapter 4-23 of the White Plains Municipal Code is hereby amended by adding a new Section 4-23-14  to read as follows:

            4-23-14  Testing of small wireless facilities

            All franchise agreements for small wireless facilities as defined in 47 C.F.R. §1.6002(1) shall contain a provision requiring the franchisee to provide to the Commissioner of Public Works a report in a format acceptable to the Commissioner of Public Works showing that all installations shall be in compliance with the applicable, mandatory guidelines of the Federal Communications Commission (“FCC”) including those related to radio frequency (“RF”) emissions. In addition, the franchisee shall be required to deposit money into an escrow account with the Commissioner of Public Works  to allow for the retention by the Commissioner of Public Works of a qualified independent testing firm to periodically verify that all RF exposure levels are within FCC  guidelines as said small wireless facilities are operated in the future. The franchisee shall be required to restore the escrow account to the required amount as funds are expended by the Department of Public Works to perform such testing. In the event that such testing performed by a RF engineer or other qualified independent testing company retained by the Commissioner of Public Works reveals that any of said small wireless facilities tested is not operating within the RF exposure levels set by the FCC for “general population/uncontrolled exposure” and/or indicates a substantial change to any areas to which “occupational/controlled exposure” guidelines would apply and/or finds that any of such small cell facilities tested is not complying with other applicable FCC standards, the franchisee shall be required to submit a report from a RF engineer or other qualified independent testing company approved by the Commissioner of Public Works certifying that all of the franchisee’s small wireless facilities  are operating within FCC guidelines and further indicating all areas around all of the franchisee’s small wireless facilities to which “occupational/controlled exposure” guidelines would apply.

            Section 5. Chapter 4-23 of the White Plains Municipal Code is hereby amended by adding a new Section 4-23-15 to read as follows:

            4-23-15.          Small wireless facility on private property

            A small wireless facility to be installed on private property shall be subject to the issuance of a permit from the Commissioner of Public Works, the application for which shall include the location and installation details of the facility and shall be subject to the same application fees, as a facility placed in the right of way, set forth in Section 4-23-4(c) of the Municipal Code. The Commissioner of Public Works shall issue an administrative permit for the installation of the facility provided that (1) the facility complies with  all applicable Federal, State and County laws, rules and regulations; (2) the facility complies with all applicable laws, codes, ordinances, rules and regulations of the City now or hereafter enacted and all fees, taxes and other payments required hereunder or by such laws, codes, rules or regulations are paid; (3) all construction, installation, maintenance and repair shall be in compliance with the National Electric Safety Code (NESC) and the National Electric Code (NEC) and, where applicable and required by the FCC, all electrical portions of the facility shall be U/L certified; (4) the facility shall not constitute a hazard to pedestrian safety and (5) the installation shall be designed  by a New York State licensed professional engineer in accordance with the latest TiA/EIA specifications to withstand  sustained winds of 100 mph. The facility shall also be subject to the provisions and requirements of Sections 4-23-12, 4-23-13 and 4-23-14 of the Municipal Code.

            Section 6. Chapter 4-23 of the White Plains Municipal Code is hereby amended by adding a new Section 4-23-16 to read as follows:

            4-23-16.          Installation of Equipment

            The Commissioner of Public Works shall only approve equipment to be installed within the public right of way which is authorized by the franchise agreement including that the equipment is of the same or substantially consistent in size, quantity, shape, color, weight, configuration, or other physical properties of one of the approved configurations in the franchise agreement as may be amended from time to reflect the existence of new technologies or equipment.

            Section 7. This ordinance shall take effect immediately.            (Editor’s note: If Common Council approves it Monday evening) 

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