Council to review FCC legislation

By Melanie Yingst -

TROY — City staff is seeking council approval to object to proposed Federal Communications Commission regulations for small cell facilities with an emergency resolution to be considered on Monday.

City council will meet at 7 p.m. at City Hall on Monday.

If approved, the city will send letters of opposition to U.S. Senators Robert Portman and Sherrod Brown and U.S. representatives Steven Chabot, Michael Turner and Warren Davidson. A national FCC meeting will be held Sept. 26.

In a letter, city of Troy Director of Public Service and Safety Patrick Titterington explained how the city of Troy was one of many entities that sued the state due to the FCC regulations.

“As council may recall, earlier this year council approved legislation to regulate wireless equipment/small cell equipment within the right-of-way. This followed Troy being one the communities that sued the state and won, with the result of the state legislature enacting legislation that included concessions.

The Federal Communications Commission (FCC) is now considering regulations related to wireless equipment/small cell facilities that would mitigate what has already been accomplished.

The analysis of the Miami Valley Communications Council (MVCC), of which Troy is an affiliate member, is that the proposed regulations will result in communities having less control over placement on city-owned poles and structures, the new poles can be significantly taller, a city’s ability to regulate aesthetics will be significantly cut (especially on undergrounding and placements in sensitive areas such as revitalization or historic districts and residential areas), and the allowed time to review applications may be cut.

The MVCC Board is adopting a resolution stating opposition to the proposal of the FCC, and has suggested that the member communities also consider adopting such a similar resolution supporting maintaining the current Ohio regulations.”

Also on the agenda, the city requested its third reappropriation of 2018. The first is an additional $450,000 for the Hobart Arena Fund to provide funding for additional events at the arena throughout the fall of 2018. The second reappropriation of $15,000 for the parking fund to purchase a new tracking system.

Council will also consider an ordinance to allow the University of Dayton River Stewards to camp and have a camp fire at Treasure Island Park on Sept. 29-30. The event was previously approved, but was delayed due to weather.

Council will have its third reading regarding new signage for the Troy-Hayner Cultural Center. No one spoke for or against the signage at its public hearing on Sept. 4.

Two signs will be located on West Main Street, the third sign on West Main Street and North Oxford, 25 N. Oxford St. and the fourth on West Water Street. The sign on 25 N. Oxford St. will be 7 feet and 4 inches tall and West Water Street’s sign will be 9 feet 4 inches tall. Some of the signs will include light pole features. The ordinance is part of the Downtown Riverfront Overlay district zoning plans. At its committee meeting, council member Bill Lutz expressed concern that the Riverfront Overlay district zoning could lead to council making more decisions regarding signage. Troy Planning Commission OK’d the Hayner’s plan and the city allowed construction to begin. Council will review the sign requests on Monday.

In other news:

• The Ohio Development Services Agency advised they will grant $500,000 for its critical infrastructure waterline project for Harrison and Atlantic streets.

• The 36th annual Mayor’s Prayer and Praise Breakfast will be held Oct. 13 at First Presbyterian Church in Troy. Tickets are $5 and can be purchased at the church or the mayor’s office.

• The McKaig Road will be closed from Lake Street to South Dorset beginning Sept. 17 through Dec. 14, weather permitting. Lake and South Dorset Road will remain open.

• The Troy Police Department will appoint two new police officers, Brian O’Neal and Joseph Wilhelm, on Sept. 24.

By Melanie Yingst