Upon call of the roll on the question of the motion, the following vote was recorded:

There being five (5) yea votes and no (0) nay votes thereon, said ordinance was declared duly passed and it was so ordered.

A copy of the ordinance, having been placed on the desks of each member of Council prior to introduction, was read by title.

Vice Mayor Byington explained that this is the second reading of an ordinance to adopt regulations for small cell wireless facilities. It was introduced with a first reading at the April 2 Oakwood Council meeting. Vice Mayor Byington asked the Law Director to make a brief presentation regarding this ordinance.

Mr. Jacques referenced a PowerPoint presentation and updated Council on small cell facilities and wireless support structures. He explained that small cell facilities are smaller than normal cell towers, with a volume of no more than 34 cubic feet. Wireless support structures are considered any pole that is capable of supporting small cell facilities. The push for small cells in Ohio is driven by demand. Mr. Jacques shared that AT&T reports that data traffic on their mobile network has increased approximately 250,000% since 2007.

The General Assembly attempted to regulate small cell wireless facilities through the enactment of Senate Bill 331, which was an unconstitutional enactment that resulted in litigation between the State of Ohio and over one hundred Ohio municipalities and townships. Local governments were not happy with Senate Bill 331 because it stripped local control of the facilities. House Bill 478 is a new effort to regulate small cell wireless facilities. It was recently signed into law by Governor Kasich and will take effect on July 31, 2018. House Bill 478 will do the following: increase time to review an application for a new pole (from 90 to 120 days); cap the amount cities can charge for application fees at $250; cap the amount cities can charge for annual pole rental at $200; place a limit of the number of applications to be filed at once (30) on consolidated applications and require that consolidated applications must be substantially similar to one another; lower the maximum height of the pole from 50’ to 40’; and, allow municipalities to adopt and apply reasonable, written design guidelines.

The City has collaborated with planning and legal professionals from a broad local group that includes the eight MVCC member communities and 12 to 15 other local communities to draft design and procedural guidelines for these “small cell” facilities. These guidelines are intended to maximize local control within the parameters of House Bill 478 while ensuring that procedures are uniform throughout the Greater Dayton area.

Mr. Jacques explained that Council will also be considering a resolution for “undergrounding”. He briefly explained that the City is allowed to require small cell utilities to be placed underground, but only if it is required for all utilities. Mr. Jacques then reviewed the design guideline highlights.

Thereupon, it was moved by Vice Mayor Byington and seconded by Mr. Stephens that the ordinance be passed.

Upon call of the roll on the question of the motion, the following vote was recorded: