8906-16 Oppose efforts to prevent municipalities from regulating cell towers

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WHEREAS, currently, municipalities are already required to provide utilities nondiscriminatory access to the public right of way, and so this bill would create a special carve -out for telecommunications companies that normally would be required to request consent to place facilities on street property; and WHEREAS, because no formal legislation has been introduced in a bill before the General Assembly and instead this initiative is being proposed as a rider to already - pending legislation, the public will be ill- informed of any legislative hearings on the mat- ter and no widespread stakeholder meetings will be scheduled; and WHEREAS, these scheming efforts within the lame -duck session of the General Assembly run afoul of the spirit of the Ohio Constitution by hiding from public view what should be public and by abrogating the will of the people to govern themselves through their own local charters and ordinances; and WHEREAS, this Council by a vote of at least five of its members determines that this resolution is an emergency measure and that it shall take effect at the earliest date possible as set forth in Article III, Sections 10 and 13 of the Second Amended Charter of the City of Lakewood, and that it is necessary for the immediate preservation of the pub- lic property, health and safety, and to provide for the usual daily operation of municipal departments in that the legislative measure in question may be considered within Decem- ber 2016; now, therefore BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO: Section 1. This Council and Mayor hereby declare their strong opposition to any effort in the Ohio General Assembly seeking to take from municipalities their ability to regulate the public right of way with respect to pole attachments of "small cell' wireless antennas. Section 2. The Clerk of Council is hereby directed to forward a copy of this reso- lution to Governor John Kasich, Lieutenant Governor Mary Taylor, State Senator Mi- chael Skindell, State Representative Nickie Antonio, and all members of the Ohio Senate and House of Representatives by their clerks. Section 3. It is found and determined that all formal actions of this Council con- cerning and relating to the passage of this resolution were adopted in an open meeting of this Council, and that all such deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. Section 4. This resolution is hereby declared to be an emergency measure and, provided it receives the affirmative vote of at least five councilmembers, it shall take ef- fect and be in force immediately upon its adoption and approval by the Mayor, or other- wise it shall take effect and be in force from and after the earliest period allowed by law.