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R-1891 - 07/14/2020 - LEGISLATION - Resolutions ITEM 6.C.6 & 6.C.7 BOARD OF TRUSTEES MEETING UPPER LEVEL CONFERENCE ROOM VILLAGE OF BUTLER GOVERNMENT CENTER 1200 OAK B R� , K OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of July 14, 2020 SUBJECT: Consideration of a Resolution to amend or repeal the Small Wireless Facility Deployment Act to return control of local right-of-ways to municipalities, and a Resolution to support Federal Bills for the same purpose. FROM: Riccardo F. Ginex, Village Manger BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move that the Village Board approve Resolution 2020-IT- GL-R-1891 calling for an Amendment of the Illinois Small Wireless Facility Deployment Act to Return Control of Local Right-of Ways to Local Municipalities or, in the Alternative, Repeal of the Act; and approve Resolution 2020-IT-GL-5G-R-1892 Supporting Federal Bills H.R. 530 and S. 2012 to Restore Local Control in 5G/Broadband Deployment. Background/History: Public Act 100-585 known as the Illinois Small Wireless Facilities Deployment Act(50 ILCL 840/1 et seq.)and the Federal Communications Commission on September 26,2018 adopted a Declaratory Ruling and Third Report and Order in the matter of Accelerating Wireless Broadband Deployment by Removing Barriers to Investment ("the FCC Declaratory Ruling"). Both the Illinois Small Wireless Facility Deployment Act as well as the FCC Declaratory Ruling severely limit municipal authority to regulate small wireless antennas located on the municipal rights-of-way. Recommendation: Staff recommends the Village Board approve Resolution 2020-IT-GL-R-1891 calling for an Amendment of the Illinois Small Wireless Facility Deployment Act to Return Control of Local Right-of Ways to Local Municipalities or, in the Alternative, Repeal of the Act; and approve Resolution 2020-IT-GL-5G-R-1892 Supporting Federal Bills H.R. 530 and S. 2012 to Restore Local Control in 5G/Broadband Deployment. RG THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS RESOLUTION NUMBER 2020-IT-GL-R-1891 A RESOLUTION CALLING FOR AN AMENDMENT OF THE ILLINOIS SMALL WIRELESS FACILITY DEPLOYMENT ACT TO RETURN CONTROL OF LOCAL RIGHT-OF-WAYS TO LOCAL MUNICIPALITIES OR, IN THE ALTERNATIVE, REPEAL OF THE ACT GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk JOHN BAAR PHILIP CUEVAS MICHAEL MANZO MOIN SAWED EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 14th day of July, 2020 RESOLUTION 2020-IT-GL-R-1891 A RESOLUTION CALLING FOR AN AMENDMENT OF THE ILLINOIS SMALL WIRELESS FACILITY DEPLOYMENT ACT TO RETURN CONTROL OF LOCAL RIGHT-OF-WAYS TO LOCAL MUNICIPALITIES OR,IN THE ALTERNATIVE,REPEAL OF THE ACT WHEREAS,the Village of Oak Brook(the"Village"),an Illinois non-home rule municipality,supports the goal of ensuring reliable cellular coverage throughout our community, and supports technological enhancements,such as"smart"technology and 5G wireless communications,as long as the local impacts of such technology are not detrimental to the aesthetics of the Village or undermine the Village's use of its rights of way or impact the number of trees in parkway areas or reduce the tree canopy areas or present the potential negative impacts on the health,welfare and safety of Village residents, property owners, businesses and the public;and WHEREAS,Public Act 100-585,known as the Illinois Small Wireless Facilities Deployment Act(50 ILCS 840/1 et seq.)(the"Act"),acts to impose certain limitations,restrictions and additional requirements on municipalities, including the Village, regarding the permitting, construction, deployment, regulation, operation,maintenance,repair and removal of certain defined small wireless facilities both within public rights-of-way and in other locations within the jurisdiction of the Village;and WHEREAS, the Act permits private business entities to take and use public property without reasonable regulation or fair compensation,amounting to an illegal taking that is an unprecedented use of public property with no basis in law;and WHEREAS,the Act usurps traditional municipal zoning authority,mandating that installations in all rights-of-way and in certain zoning districts be permitted uses,setting an unusual and troubling precedent for future legislation relative to local government control;and WHEREAS,the Act usurps traditional municipal proprietary control over its own infrastructure, which also sets an unusual and troubling precedent for future legislation relative to local government control; and WHEREAS,allows wireless providers to locate equipment where it may potentially interfere with critical municipal systems used by police,firefighting,water,and other critical local operations,and,without enhanced local regulations,there will be a negative impact on the number of trees in parkway areas and reductions in the tree canopy areas. Further,the Act's failure to mandate collocation of equipment on existing utility poles and light poles in public rights of way will lead to an unanticipated proliferation of new Resolution 2020-IT-GL-R-1891 A Resolution calling for an Amendment of the Illinois Small Wireless Facility Deployment Act Page 2 of 3 poles within public rights of way that will have an extremely detrimental impact on the aesthetics within residential areas of the Village and may cause property values to decline;and WHEREAS, the Act fails to provide municipalities with adequate recourse to address unsafe installations or dangerous equipment;and WHEREAS,the Act creates an automatic approval timeline,which is one-sided and detrimental to the public,presuming that municipalities are negligent and providers not when a permit is incomplete or inadequate;and WHEREAS,the Act provides unfettered and unsupervised access to commercial entities that have only their own profitability as their guide,going against a critical public interest to assure that wireless facilities are installed and maintained in a way that safeguards the public's connection to the wireless world in an era of heightened awareness of cyber security risks;and WHEREAS,it is the responsibility of local authorities to protect the public health,safety,and welfare of its citizens,and the Act undermines this responsibility;and WHEREAS, it is vital that local authorities be able to hold for-profit,commercial entities to an appropriate standard of responsibility for their use of a public asset;and WHEREAS,Illinois municipalities are diverse and each one must be given a chance to develop reasonable regulations that will protect their community's specific needs;and WHEREAS,the President and Board of Trustees of the Village of Oak Brook make the following findings and statements: A. The President and Board of Trustees oppose the Act and encourages the Illinois Legislature and Governor to amend the Act to return control of the local right-of-ways to local municipalities or,in the alternative,to repeal the Act;and B. The President and Board of Trustees encourage the telecommunications industry to look to alternative methods of deploying small wireless facilities in a manner that better protects the rights of local governments in their own infrastructure and public property;and C. The President and Board of Trustees are committed to developing reasonable regulations for the deployment of wireless technology and is eager to work with all interested parties and stakeholders to develop regulations that ensure reliable cellular coverage while preventing the unfettered taking and use of public property by private business concerns. Resolution 2020-IT-GL-R-1891 A Resolution calling for an Amendment of the Illinois Small Wireless Facility Deployment Act Page 3 of 3 NOW THEREFORE,BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK,DU PAGE AND COOK COUNTIES,ILLINOIS as follows: Section 1:Recitals. The foregoing recitals are hereby incorporated into,and made a part of,this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2:The President and Board of Trustees of the Village of Oak Brook find that it is in the best interests of the Village and its residents, property owners, businesses and the public to express its opposition to the Act as approved,to urge its amendment or repeal,and to work with all interested parties and stakeholders to develop regulations that ensure reliable cellular coverage while preventing the unfettered taking and use of public property by private business concerns. Section3:This Resolution shall be in full force and effect from and after its passage and approval. APPROVED THIS 141h day of July,2020 Gopal G.Lalmalani Village President PASSED THIS 14th day of July,2020 Ayes: Trustees Baar,Cuevas,Manzo,Saiyed,Tiesenga,Yusuf Nays: None Absent: None GE OF Uq� ATTEST: Charlotte K.Pruss ® Village Clerk o 4 G r 9c��OUNT1