DeKalb's "Prudent Avoidance" Bill Gets New Life - in Annapolis, Maryland

Looks like Get the Cell Out - ATL followers have something to be proud of - our proposed legislation nicknamed "Prudent Avoidance" and authored by state Rep. Karla Drenner in 2012 made national headlines.  Although it was not allowed out of committee that year, a compromise was agreed upon that resulted in a DeKalb County Referendum that received astonishing results, even beating our own expectations.  More than 63% of DeKalb County residents who voted, said "NO" to the question about placing towers on school grounds.  And, now that concept is getting new life as a county council discusses a "virtaul ban" for Annapolis, Maryland.  The amendment sets new boundaries that would be a 'virtual ban'

By JAKE LINGER jlinger@capgaznews.com | Posted: Tuesday, October 22, 2013 10:00 am

The County Council dropped a prohibition on free-standing cell towers at public and private schools
Monday night, but school officials said the alternative proposal that was adopted amounts to a virtual
ban.

Councilman Jamie Benoit introduced an amendment to Bill No. 78-13, changing the ban to a
prohibition on towers within 300 feet of school buildings and structures.

Benoit, D-Crownsville, submitted the bill last month to address community concerns about a
proposed 99-foot tower at Piney Orchard Elementary School in Odenton.

He said he acted to remove the prohibition based on questions about enforcement from the county
Office of Law. His amendment passed unanimously.

Current law require cellphone towers to be at least 200 feet from a school boundary.
Bob Mosier, a county schools spokesman, said the new measure creates a double setback requirement
that almost no school property can meet.

A tower under construction on Broadneck High School is 200 feet from the property line and more
than 300 feet from the main building, but right next to a scoreboard — a school structure.

“You can dress this bill up in whatever Halloween costume you want, but it remains, in essence, a ban
on cell towers on school property,” Mosier said in an email statement after the meeting.

The Board of Education signed a lease in 2011 with Milestone Communications. School officials
have said it could lead to construction of towers at 40 schools and generate $5 million. Individual
schools would not receive any direct financial benefit from the towers.

“To enrich a school at the expense of another school that may or may not have a similar opportunity is
somewhat problematic,” said Alex Szachnowicz, chief operating officer for county schools.

Councilman Daryl Jones, D-Severn, asked Szachnowicz if county schools would decrease their annual
request for funding based on outside revenue.

Szachnowicz said the council indicated it will approve no more than the minimum amount of money to
keep existing school programs going in future budgets “as far as the eye can see.”

Sean Hughes, a zoning attorney who works with Milestone, said schools, parks, churches and swim
clubs are attractive sites for cell towers because of their open space.

Hughes cited the popularity of electronic tablets, which use bandwidth and contribute to the demand
for more coverage in areas such as Piney Orchard, which Milestone says has dead zones.

Piney Orchard resident Michelle Dean asked the council to keep towers at least 1,500 feet from
residences. She said children are more vulnerable to radio frequency radiation.

Hughes said no such dangers exist.

“The health issue is not an issue,” he said. “It’s not a real issue.”

Jeff Andrade, president of Piney Orchard Community Association, said great lengths were gone to in
order to ensure the safety of residents and elementary students at Piney Orchard, including burying
power lines.

Piney Orchard residents are not crazy, he said. They simply are protecting their rights as homeowners.
“Contrary to what some people may believe, folks in my community aren’t walking around in tin foil
hats afraid of radiation,” Andrade said.