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 in order to comply with Section 6.01 of the City Charter, this is the annual housekeeping ordinance to estimate the City’s revenues and expenses for calendar year 2019.

This was a first reading of the ordinance, so Vice Mayor Byington made no motion.

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 an ordinance to adopt regulations for small cell wireless facilities.

Oakwood has an existing ordinance, Section 405 of the Zoning Code, that regulates wireless communication facilities throughout the City. However, cellular technology has evolved in the years since Section 405 was adopted. Now, in addition to traditional cell towers that can reach 150’ or higher, wireless companies have begun installing smaller “small cell” facilities that can be mounted on smaller poles, such as a common 40’ utility-type pole.

The City had hoped to regulate these “small cell” facilities through Section 405, but the Ohio General Assembly has other ideas. Last year, they adopted S.B. 331, which effectively eliminated any local control over “small cell” facilities. S.B. 331 was subsequently found to be unconstitutional and is still mired in litigation, so the General Assembly turned to a new approach known as H.B. 478. H.B. 478 still eliminates certain aspects of local control, which we do not agree with, but it does allow local governments to have some degree of control over the design and placement of “small cell” facilities.

H,B. 478 passed the Ohio House on February 14, 2018. It is anticipated that it will pass the Senate and be presented to Governor Kasich for signature in the coming weeks, with an effective date sometime this summer. To that end, Law Director Rob Jacques and Code Enforcement Officer Ethan Kroger have collaborated with over 20 local communities – including the 8 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 H.B. 478 while ensuring that procedures are uniform throughout the Greater Dayton area.

This ordinance will create a new Chapter 955 in our Streets and Public Services Code.

This was a first reading of the ordinance, so Vice Mayor Byington made no motion.