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Home My WebLink About2019-0319 Council Mtg MIN CITY OF -ASHLAND MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL Tuesday, March 19, 2019 Council Chambers 1 175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 7:00 p.m. Regular Meeting 1. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL Councilors Slattery, Graham, Akins, Seffinger, Rosenthal and Jensen Present. Mayor Stromberg was absent. IV. MAYOR'S ANNOUNCEMENTS Slattery announced the current Commission and Committee vacancies. V. CITY ADMINISTRATOR REPORT City Administrator Kelly Madding announced that there will be a Study Session tomorrow with the Council and Budget Committee. She also gave an update on the Avista natural gas outage. VI. APPROVAL OF MINUTES 1. Study Session of March 4, 2019 2. Business Meeting of March 5, 2019 Jensen/Graham moved to approve the minutes. Discussion: None. All Ayes. Motion passed unanimously. VII. SPECIAL PRESENTATIONS & AWARDS 1. Arbor Week Proclamation Slattery read the proclamation into the record (see attached). 2. Annual Presentation by the Tree Commission Senior Planner Derek Severson introduced 'Free Commission Chair John Christopher. Mr. Christopher gave Council an update on the Tree Commission. He announced that there will be an Arbor Day celebration at Oak Knoll Golf Course on Friday, April 5th from 12 PM - 2PM. He also announced that on May l l th the Tree Commission will be assisting the Parks and Recreation Department with the Southern Oregon Tree Climbing Competition. VIII. MINUTES OF BOARDS, COMMISSIONS, AND COMMITTEES Airport Conservation Forest Lands Historic Housing and Human Srvs. Parks & Recreation Planning Public Arts Transportation Tree Wildfire Mitigation IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all people wishing to speak to complete their testimony.) [I5 minutes maximum] William Shanor - Ashland- Spoke in concerns of the piping of the canal. He spoke that the City needs to maintain this property and the study is a huge expense. He suggested the City look into alternatives. Mike Fitch - Ashland - Spoke in concern regarding the canal project. He spoke in concern for the wildlife. He suggested the City look into alternative plans. Kristina Lafever- Ashland -Gave an update on Bee City USA Ashland. She suggested that in honor of the upcoming Arbor Day to plant trees for bees. She spoke that there is a Pollinator Garden Tour coming up on June 20th from 9AM-12PM. Lynn Georgens - Ashland - Spoke in concern of 5G technology coming into the City of Ashland. She submitted a docu rent to the record (see attached). Jim Falkeastein - Ashland - Spoke regarding the Ashland canal. He spoke regarding "Keep the Canal" and the importance to repair and maintain the canal. Chuck Burr - Ashland - Spoke regarding the economic impact of fires. Louise Shawkat - Ashland - Spoke regarding climate change and natural disasters. Huelz Gutcheon - Ashland - Spoke regarding solar panels. He announced he will be running for Ashland Community Development Director. X. CONSENT AGENDA 1. Approval of a Public Contract for VoIP Phone System Graham pulled this item and spoke in appreciation of Staff. 2. Appointment of Larry Cooper to the Conservation Commission 3. Appointment of Kent Romney to the Wildfire Safety Commission Seffinger pulled this item. She spoke that she has concerns about having non-resident members on City Commissions. 4. Approval of Liquor License Approval of BP West Coast Products. This item was pulled from the Agenda and will be added to a future Agenda. Jensen and Graham moved to approve the Consent Agenda. Discussion: None. All Ayes. Motion passed unanimously. XI. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form" prior to the commencement of the public hearing. Public hearings shall conclude at 9:00 p.m. and be continued to a future date to be set by the Council, unless the Council, by a two-thirds vote of those present, extends the hearing(s) until up to 10:30 p.m. at which time the Council shall set a date for continuance and shall proceed with the balance of the agenda.) XII. UNFINISHED BUSINESS XIII. NEW AND MISCELLANEOUS BUSINESS 1. Intergovernmental Agreement with Jackson County I Madding gave a brief Staff report. It was noted that this is a draft and if there are any changes it will come back to Council for approval. Seffinger/Akins moved to authorize the City Administrator to execute the Intergovernmental Agreement between the City of Ashland and Jackson County for police patrol response to 2082 E. Main Street. Discussion: None. Roll Call Vote: Slattery, Akins, Graham, Seffinger, Rosenthal and Jensen: YES. All Ayes. Motion passed unanimously. 2. Vertical Housing Development Zone Planning Manager Maria Harris and Fregonese Associate Scott Fregonese Presented Council with a PowerPoint presentation (see attached). Item Discussed were: • Development performance impacts. • Vertical Housing Tax Credits. • Incentives • Vertical Housing Case Studies. • Next steps. Council gave consensus to bring this item back to a future Council Meeting. XIV. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. 2019-2021 Council Goals Resolution Madding gave a brief Staff report. Rosenthal/Seffinger move to approve Resolution No. 2019-02 adopting the City Council's 2019-2021 biennial goals and to remove the wording to the right of the Tiers and just say "Tier 1 Tier 2 and Tier 3. Discussion: Akins spoke in concern on how these goals would affect the Citizen's Budget Committee process. She spoke to the importance of visiting these goals yearly. Seffinger/Akins moved to amend the motion to include water conservation under Tier 2 instead of Tier 3 and to remove Tier 3. Discussion: Seffinger explained she doesn't want citizens to think that water conservation is a low priority. Graham spoke that it is helpful to have 3 Tiers and everything on the list is a priority. Slattery/Graham moved to remove Tier 3 and move the items under Tier 3 under Tier 2. Discussion: Rosenthal spoke that he will vote against this and gave his reasons why. He explained that acquisition of new parks should be under the Parks and Recreation Department. Motion on the amendment to the amendment: Roll Call Vote: Jensen, Rosenthal, Seffinger, Akins: NO. Graham and Slattery: YES. Motion failed 2-4. Motion on amendment to the main motion: Roll Call Vote: Graham, Slattery, Rosenthal: NO. Akins, Seffinger and Jensen: YES. Motion failed. Motion to approve the main motion: Roll Call Vote: Graham, Akins, Seffinger, Slattery, Rosenthal and Jensen: YES. Motion passed unanimously. 2. Contract Approval for Hersey Street Electric Project Tom McBartlett gave a Staff report. Jensen/Graham moved to approve the contract with Knife River in the amount of $1,235,981 for the excavation, installation of conduits and vaults along Hersey Street. Discussion: Jensen spoke that this topic was worked on adequately. Roll Call Vote: Jensen, Rosenthal, Seffinger, Slattery and Graham: YES. Akins: NO. Motion Passed 5-1. 3. Transient Occupancy Tax Tourism Allocation Resolution Slattery read a statement declaring a potential conflict of interest (see attached). Seffinger/Jensen moved to approve Councilor Slattery be allowed to not vote or participate in the TOT discussion. Discussion: None. All Ayes. Motion passed unanimously. Assistant to the City Administrator Adam I lanks gave a Staff report. Public Input - Denis Kendig- Mr. Kendig encouraged Council to postpone this decision. He read a statement into the record (see attached). Bob Hackett - Spoke in support of tourism. He spoke regarding tourism from a regional and State prospective. He suggested Council to consider motions 2, 3 or 4. He spoke to the importance of keeping people employed and revenue coming into the City. Graham/Rosenthal moved to approve a Resolution allocating the following tourism restricted revenues of the Transient Occupancy Tax: $110,000 to the Oregon Shakespeare Festival (OSF) and $446,338 to the Visitor and Convention Bureau (VCB). The VCB allocation includes an $52,010 that would be allocated by reducing the future parking supply and City tourism eligible capital projects each by $26,005. The remaining funds will be allocated at a future meeting after having a discussion on the survey results and working with local businesses that rely on tourism. Discussion: Graham spoke that after speaking with both organizations she sees they have been working very hard and now is not the time to reduce allocations for each of the organizations. She spoke that we need to make sure we are investing the restricted money that we have in the best way possible. Rosenthal spoke in agreement with Graham. Seffinger spoke in agreement with Graham and Rosenthal. Akins spoke that she is not prepared to vote on this item. Council discussed the Grant timeline. Roll Call Vote: Seffinger, Graham, Rosenthal, Jensen: YES. Akins: NO. Motion passed 4- 1. 1. Second Reading of an Ordinance Amending Ashland Municipal Code 4.20. Systems Development Charges Public Works Director Paula Brown gave a Staff report. Jensen/Rosenthal moved to approve the second reading of an ordinance titled: An Ordinance Amending Section 4.20 of the Ashland Municipal Code: Systems Development Charges. Discussion: Jensen thanked Staff. Rosenthal thanked Staff. Roll Call Vote: Slattery, Graham, Rosenthal, Akins, Seffinger, and Jensen: YES. Motion passed unanimously. XV. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XVI. ADJOURNMENT OF BUSINESS MEETING The Business Meeting was adjourned at Respectfully submitted by: City Recorder Melissa Huhtala Attest: r M pr Stroml erg In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735- 2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title 1). PROCLAMATION • J. Sterling Morton proposed to the Nebraska Board of Agriculture in 1872 that a special day be set aside for the planting of trees. • This holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska. Arbor Day is now observed throughout the nation and the world. • Trees can reduce the erosion of topsoil by wind and water, reduce heating and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide a habitat for wildlife. ■ Trees increase property values, enhance the economic vitality of business areas, beautify our community; and are a source of joy and spiritual renewal for many. • Trees are a renewable resource giving us paper, wood, fuel, and countless other wood products. • Ashland has been recognized as a Tree City USA by the National Arbor Day Foundation for 34 years and desires to continue its tree-planting ways. NOW, THEREFORE, the Mayor, on behalf of the citizens of Ashland, hereby proclaims April I" to 7w, 2019 as ARBOR WEEKINASHLAND and urges all citizens to support efforts to care for our trees and woodlands and to support our City's community forestry program. I further urge all citizens to plant trees to gladden the hearts and promote the well-being of present and future generations. Dated this 19' day of March, 2019 John Stromberg, Mayor Melissa Huhtala, City Recorder Policy Guidance Regarding Wireless Radiation Abstract The Internet of Things offers much in the way of convenience, economic opportunity and efficiency. Depending upon how it is deployed, however, it also offers significant risk to our health, personal privacy, and national security. If we ignore these risks, the consequences include the loss of life and personal liberty. Alternatively, if we sensationalize these risks beyond the confines of reasonable evidence, we risk these very same consequences as no one responsible for public policy will take them seriously. This lack of action by our government will in turn result in significant delays to the implementation of important protections on behalf of our citizens. As such, we need to proceed with measured urgency as plans governing billions of dollars in infrastructure investments are being implemented. If not guided by sound policy regarding the health, personal privacy and national security concerns pertaining to these infrastructure investments, billions more in investments will be needed to rectify the issues that surface as a result of these concerns. This brief is an attempt to provide sound policy guidance regarding wireless radiation that will not only enable us to take advantage of most facets of the Internet of Things but also do so in a responsible manner. About the Authors Patrick Colbeck is a Michigan State Senator. Prior to his service in the Michigan Senate, he earned Bachelors and Masters Degrees in Aerospace Engineering from the University of Michigan, graduated with a Life Sciences concentration Jr from the International Space University in Strasbourg, France, and ? was employed by Boeing as a lead engineer responsible for the design of cabling and environmental control systems within the International Space Station. His wife, Angie Colbeck, MD studied 1` Epidemiology at the University of Michigan's School of Public Health, f> h< graduated from the College of Human Medicine at Michigan State University, and practiced medicine as a board certified pediatrician before retiring. Together, they bring a unique combination of public policy, healthcare, and technology experience to the topic of wireless radiation. Background 1,11 i't;:'less <d3a:i~ alt}pl PC131it}(isY;.~':> Wireless transmissions are nothing new. Ever since Marconi made the first radio broadcast in 1894, humans have been harnessing the electromagnetic spectrum in support of communications. Our society now covers the entire spectrum with communication related technology. Electroin agnetic spectrum r oel:bk A ,w tK R i • What is relatively new is the rapid evolution of wireless personal communication networks. First Generation (1G) personal communication networks started appearing in the 1980's. We are now on the cusp of the deployment of a Fifth Generation (5G) network that promises to provide us with an entirely new level of connectivity with the Internet of Things. mot ' i s> 1980's 1993 7001 2009 20207 1 1 SOURCE: https://www.quora.com/Where-I-can-start-to-learn-about-2G-3G-4G-and-SG 2~ - What is the Internet of Things? In basic terms, it is a network of things where things can be people or electronic devices. This Internet of Things promised connectivity on levels heretofore unrealized. HOME MILITARY Smart Temperature Control Situational Awareness • Optimised Energy Use Threat Analysis INDUSTRIAL MEDICAL Machine-to-Machine Optimized Patient Care Communication \ \ Wearable Fitness Devices Quality Control / Quality Data Reporting AUTOMOTIVE ENVIRONMENTAL Veh cle Auto-Diagnosis Forest Fire Detection Optimized Traffic Flow Species Tracking Smart Parking Weather Prediction AGRICULTURE \ RETAIL Offspring Care Theft Protection Crop Management Inventory Control Soil Analysis Focused Marketing 2 a Cellular networks feature three basic components - cell tower, cell phone, and hardwired communication backbone. Cell towers have been the face of personal communication networks ever since the 1G network was deployed. Sometimes you can find them on dedicated towers. R d Sometimes you can find them on water towers. Sometimes you can find them on tall buildings. Sometimes you can't find them at all since we do not have 100% coverage throughout the United States. Cell towers typically broadcast modulated communication signals in the 2.4GHz spectrum which is the same spectrum for the emissions from a microwave oven. Cell phones in turn communicate with cell towers in the same spectrum. Communications between cells are typically managed by a hardwired communication backbone that connects cell towers. s1➢1t32 i l ielers Smart meters are the building blocks for the so-called "smart grid" that governs the distribution of electricity to our homes and businesses. Unlike the analog meters of the past, smart meters enable remote monitoring of energy usage within a home and remote shutoff of power to that home. Data transmitted to/from smart meters include energy used in a given time interval, time, peak power time, messages, acknowledgements, price signals, and reliability signals. Smart meters broadcast this data for each home via wireless transmissions typically in the 902MHz or 2.4GHz range. This data from smart 'SOURCE: Bignerdranch.com 3~, meters is shared initially within an Advanced Metering Infrastructure (AMI) Communications Network featuring other smart meters in the area. The AMI Communications Network in turn communicates this data with Supervisory Control and Data Acquisition Systems (SCADAS). SCADAS are the brains of the smart grid responsible for regulating the ebb and flow of electricity within a given power substation network. SCADAS in turn are managed by regional control centers which manage the demand for electricity by consumers with the supply of electricity from power generation sources. 3 Power Generators t of r -It1_ .ILL -LL it 11 9:13 rut:a Mn; unn msn ua`_r:: ls.. T & D Utilities tit j Substations =i- Substations - i N't_ z PMU PMU Control ~l17~~~ a Center w { PMU SLbS:aabns Substations 'r a. . Customers 1- ! { Ell AMi ,uni r• - - - - Eteanaty Commumcation Figure 2 Smart Grid Wi-Fi Wi-Fi is a trademarked term for wireless internet access points conforming to IEEE 802.11 protocols. These wireless access points are typically routers which are connected to either hardwired, Ethernet routers or to modems which connect to the internet. Wireless devices such as computers, game consoles, tablets or smart phones use these wireless access points to connect to the internet. Wi-Fi routers typically broadcast continuously in the 2.4GHz or 5.OGHz spectrum. 5G "Small" Cells represent a specialized cellular network that broadcasts in the 24GHz to 90GHz spectrum. Higher frequency transmissions have difficulty penetrating solid objects such as the walls of buildings. In order to overcome this difficulty, a higher density of cell towers is required to provide reliable network access in a given area. In contrast to current cellular networks requiring one cell tower for every 1-3 km in urban environments, some analyses of 5G networks have concluded that as many as one "small" cell transmitter will be required for every 2-10 houses. 'SOURCE: https://www.researchgate.net/figure/Power-generation-control-and-measurement-diagram-across- the-distribution-network-and fie2 289504234 41P _ i Puri l c .`kA5k:',vr In the United States, policies regarding wireless radiation are regulated by the Federal Communications Commission (FCC). The FCC Chair is typically a former executive within the telecommunications industry which is why many view it as "captive agency" meaning that it prioritizes the interests of the telecommunications industry over the best interests of our citizens at large. In this light, it is worth noting that the FCC not the CDC, FDA or EPA is responsible for definition of human exposure standards. Per Section 704 of the Telecom Act of 1996: • (iv) No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions • (b) RADIO FREQUENCY EMISSIONS- Within 180 days after the enactment of this Act, the Commission shall complete action in ET Docket 93-62 to prescribe and make effective rules regarding the environmental effects of radio frequency emissions It is important to note that the ability of state or local governments to regulate the placement of wireless service infrastructure is explicitly prohibited. Furthermore, it is important to note that the rules regarding environmental effects are defined by the FCC. The subsequent regulations for "environmental effects" are reflected by the human exposure limits specified in Figure 3. The telecommunications industry is effectively indemnified against lawsuits for "environmental effects" (i.e. adverse health impacts) so long as they limit emissions to the levels specified in Figure 3. The prohibition on regulations surrounding the placement of wireless service infrastructure has not kept local units of government from passing other forms of legislation related to wireless services. A summary of this legislation can be viewed in Table 1. +Fabie b i_c _rrf Gfjv~! r ment Actions Date Location Jurisdiction Description 2015 Berkeley, CA City Berkeley is the first city in the nation to require cell phone retailers to provide those who purchase a new phone an informational fact sheet which informs buyers to read the user manual to learn the cell phone's minimum separation distance from the body. 2014 Suffolk County The Suffolk County Legislature passed legislation to require all County, NY county buildings to post notices that wireless routers are in use such as, "Notice: Wireless technology in use." The resolution, sponsored by Legis. William Spencer (a physician), warns that every wireless device emits radio frequency radiation or microwave radiation. 2014 Greenbelt, City The Greenbelt Maryland City Council voted unanimously on Maryland November 24, 2014 to alert citizens about the fine print warnings and possible health risks of cell phones and wireless devices, to send the FCC Chairman a letter urging the adoption Date Location Jurisdiction Description of "radiation standards that will protect human health and safety." They also voted to oppose cell towers on school grounds. 2012 Jackson Hole, City Jackson Hole issued a Proclamation of Cell Phone Safety which Wyoming cites concern over long term health effects as well as the increased risk the radiation poses to children. 2012 Pembroke City Pembroke Pines passed Resolution 3362 expressing the City's Pines, Florida "Urgent Concerns" about Wireless Radiation and Health and which encourages citizens to read their manuals and presents information on how to reduce exposure by using a headset or speakerphone. Jimmy Gonzalez, an attorney who had developed brain cancer after heavy cell use, initially petitioned the Commission. 2010 San City Cell Phone Radiation (How to Reduce Exposures) Francisco, Webpage launched. San Francisco developed California a poster, factsheet and display stickers. 2010 Burlingame, City Burlingame California City Council voted to include cell phone California safety guidelines in their Healthy Living in Burlingame initiative (WHO classification and consumer precautions). 2010 Portland, City Mayor Mavodenes, Jr. declared October "Cell Phone Awareness Maine Month". Table 2 wireless Radiation Policy Initiatives Outside of the U.S. Country Description Israel The Israeli Ministry Of Education has issued guidelines limiting WI-Fi and cell phone use in schools. Preschool through 2nd grade have banned the use of wireless networks. A hard wired direct cable connection is required if the teacher has a computer in the class. Magnetic fields below 4MG are being reduced. Israel The Israeli Supreme Court ordered the Israeli government to reply on ceasing Wi-Fi installations. Israel In third and fourth grade class internet is restricted to 3 hours per week. Israel The Education Ministry has instructed all schools to perform radiation tests. Israel The Health Ministry has called for a halt to Wi-Fi installations. France National Legislation minimizing Wi-Fi has been passed and the National Agency for Health, Food and Environmental Safety (ANSES) issued a report on the science in 2013. France 2015 law passed banning Wi-Fi from nursery schools. Wi-Fi must be turned off in elementary schools when not in use. Cell phone advertisements must recommend headsets to reduce exposure to brain. France 2011 statute requiring merchants to display SAR Radiation levels for different phone models. All phones must be sold with a headset. Cell phone ads aimed at children younger than 14 are banned and phones made for children under 6 are banned. France 2013 ANSES Report recommends hands free phones, SAR labeling, and "limiting the population's exposure to radiofrequencies... especially for children and intensive users, and controlling the overall exposure that results from relay antennas." 6~ Country Description France The French National Library along with other libraries in Paris, and a number of universities have removed all Wi-Fi networks. France Herouville-Saint-Clair has removed all Wi-Fi equipment installed in municipal buildings. Russia The Russian National Committee on Non-Ionizing Radiation Protection has repeatedly warned about electromagnetic radiation impacts on children and recommended Wi-Fi not be used in schools. India 2012 The Ministry of Communications and Information Technology issued EMF Guidelines with new Exposure Limits lowered to 1/10 of the ICNIRP level and requiring SAR labeling on phones. Official guidelines for cell phone use include: headsets, speakerphones, limiting cell use, increasing distance from devices, and choosing landlines. India 2013: Supreme Court of India upheld the High Court of the State of Rajasthan decision to remove all cell towers from the vicinity of schools, hospitals and playgrounds because of radiation "hazardous to life." India The Ministry of Communications and Information Technology has an EMF webpage. jft elickss Radkitjoia Exposure JJ~iiits While we are all immersed in constant exposure to radiation throughout the electromagnetic spectrum, wireless communications are distinct in that they feature concentrated emissions of radiation within specific segments of this spectrum. These concentrations are measured as power density levels. An extreme example of a high power emission of wireless radiation would be nuclear detonation. While emissions from wireless devices are not on that order, but prolonged exposure to lower power emissions from wireless devices at much lower power density levels can have similar adverse health impacts. In order to protect citizens from such adverse health impacts in the United States, the FCC has defined the maximum power density levels to which humans should be exposed. These limits' are considered to be based on data from at least 25 years ago and are specified in Figure 3. By comparison, the wireless radiation human exposure limits for other countries are specified in Figure 4 s Note that the allowable power density levels in other countries are significantly lower than those defined in the United States. 'SOURCE: https:Htransition.fcc.gov/bureaus/oet/info/documents/bulletins/oet65/oet65.pdf 5 NOTE: The 100 mW/cm2 specified in Figure 3 equals the 1000 µW/cm2 in Figure 4 7I r i Figure 1. FCC Limits for Maximum Permissible Exposure (MPE) Plane-wave Equivalent Power Density 1,000 Occupational/Controlled Exposure - - - - General PopulationiUncontrolled Exposure; 100- 10- Power Density 1 (mW/cm2) 0.2 - - - 0.11 0.03 0.3 } 3 30 300 3,000 30.000 q 300,000 1.34 1,500 1001 ,000 Frequency (MHz) F;,-,a FCC Human Wireless Radiatie, t;xoosure Limits Outdoor Pulsed RF Radiation Exposure Limits Country Comparison (uW/cm2) 1200 1000 loon 800 600 400 200 = 100 0.001 0.1 1 2.4 4.2S 9.5 10 ` Salzburg Gechtenstein Bulgaria LuNembOrg, Switzerland Switzerland CNW. India USA, (Austria) Belgium, {schWs, (General) L,Ihuema hrael A--antra;.a Ukraine hospitals( Ruva, ranad.i. Ita+y, Pofand, Par.. 8 Tireless Technology Initiatives Sixiart Grids Public utilities are increasingly rolling out smart grids to manage the distribution of resources such as electricity, water and natural gas. Invariably, this results in the installation of smart meters for each utility service at the point of delivery - typically the exterior of a home or office building. Citizens who would prefer to keep their analog meters rather than have a smart meter installed are typically left with no option to do so. They are given the choice of no utility service or paying a fee to opt-out of a smart meter. Opting out of a smart meter often entails additional service fees despite no service fee credit being provided for those who adopt the smart meters. SG R011011t The Federal Telecomm Act of 1996 already prohibits restrictions upon the placement of wireless service equipment by states and local units of government, but many state legislators have been lobbied to pass state statutes that prohibit local units of government from impeding the deploying of wireless service equipment. These prohibitions effectively leave people who are sensitive to wireless transmissions without any community safe havens. Furthermore, autonomous vehicles are increasingly being used as justification of SG networks in a manner that precludes the ability of local 'ustification for the deployment o jurisdictions to block the placement of 5G transmitters. Autonomous vehicle developers are increasingly dependent upon data from 5G networks to improve safety. The addition of safety concerns to the significant financial investments in autonomous vehicle technology results in significant pressure upon legislators to enact legislation that ensures the unfettered deployment of 5G networks. Disks A diverse Health Impacts Like many other states in the United States, the Michigan Constitution states in Article IV Section 51 that the health of our citizens is to be a primary concern of our government officials. One would think that such a provision would not be necessary, but when policy decisions involve tradeoffs between economic benefit, convenience and health concerns, the wisdom of such a provision becomes much more evident. As early as the 1970's, studies began emerging that indicated there are adverse health impacts due to wireless radiation used for communication. These adverse health impacts include the following: • Cancer • Oxidative damage/ROS/DNA damage/DNA repair failure • Cardiac arrhythmias and other effects on heart muscle as well as blood pressure, vascular effects • Disrupted calcium metabolism • ADHD, behavioral disorders and learning difficulties 9 1 P a • Sleep disturbances and memory loss. Changes the blood brain barrier and effects the neuron firing rate and EEG • Disrupted immune function and change in stress proteins, HSP. • Reproduction/Fertility effectsThese impacts are well-documented in over 3,600 papers. A compendium of these studies can be found at Biolnitiative.org. As the evidence for these health impacts began to emerge, so did the push back from the telecommunications industry in much the same as the tobacco industry pushed back against such evidence. In an attempt to prove conclusively once and for all whether or not wireless radiation is harmful, the FDA sponsored an extremely thorough, $25 million study in 1999. The study was conducted by the National Toxicology Program (NTP). The study results were first reported in 2016. The study confirmed that wireless radiation indeed causes cancer and DNA damage at non-thermal levels, below the FCC "safety" limits (which deny non-thermal effects). Dr. Ron Melnik, PhD, Senior Toxicologist and Director of Special Programs in the (NIEHS) who led the study until he retired, said: "The NTP tested the hypothesis that cell phone radiation could not cause health effects and that hypothesis has now been disproved. The experiment has been done and, after extensive reviews, the consensus is that there was a carcinogenic effect." In regard to the DNA damage he said that the results of the study: "should put to rest the old argument that RF radiation cannot cause DNA damage". The scientists in the press conference in 2016 said that "the public must be warned". On March 26, 2018, a peer review panel of 11 experts appointed by the NIEHS to review the cancer findings confirmed that the study shows "CLEAR EVIDENCE" of cancer. The study findings are not new and confirm what other animal studies and epidemiological studies have shown.' In spite of these findings, as of September 14, 2018, the official FCC position on adverse health impacts are as follows. "Some studies have also examined the possibility of a link between RF exposure and cancer. Results to date have been inconclusive. While some experimental data have suggested a possible link between exposure and tumor formation in animals exposed under certain specific conditions, the results have not been independently replicated. Many other studies have failed to find evidence for a link to cancer or any related condition. The Food and Drug Administration has further information on this topic with respect to RF exposure from mobile phones at the following Web site: FDA Radiation-Emitting Products Page There is a clear disconnect between the FCC policy and scientific findings regarding the adverse health impacts of wireless radiation. ' SOURCE: Dafna Tachover, Lawyer and Director of WeAreTheEvidence.org. ' https://www.fcc.gov/engineering-technology/electromagnetic-compatibility-division/radio-frequency- safety/fa q/rf-sa fety#Ct6 10~ I The vast amount of data shared on so-called smart grids has led to many concerns regarding who has access to this data and how will it be used. In the Information Age, data is power. It also translates to money. More information translates to more control over the behavior of our citizens either directly by controlling their access to utility services such as electricity, water or natural gas or indirectly via glossy brochures comparing your energy usage to that of your neighbors. The control of behaviors is taken to an entirely new level when this personal information is sold to businesses seeking to influence your purchase decisions. Personal information collection, analysis and dissemination is a multi-billion dollar industry. The smart grid provides government and businesses with a treasure trove of information about each consumer. Smart appliances and other devices are being designed to communicate with the smart grid. Communications from these devices provide a VERY detailed consumer profile. This consumer profile can tell interested parties what specific devices they own, when they use them, when they are home, when they go to sleep, when they wake and so much more. This information is as good as gold for those seeking to influence the behavior of citizens. One of the most concerning aspects of this information collection is that it is not only being enabled by government but it is often enforced by government entities charged with the oversight of utility monopolies. Why is this concerning? The 0 Amendment of the United States Constitution reads as follows: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Data from smart grids has already been used in court cases without warrants. Smart grids fit in very well with George Orwell's dystopian society in his classic 1984. As we increase our dependence upon wireless technology, we also increase our susceptibility to the interruption of services dependent upon this technology. It is much more difficult to implement broad- based disruption of hardwired or analog systems than wireless systems. Smart grids pose a significant risk to what many deem as essential services such as electricity, water, and natural gas. 'A so-called 'Smart Grid' that is as vulnerable as what we've got is not smart at all. It's a really really stupid grid.' - James Woolsey, former CIA Director, 2011 The risks of smart grid technology are clearly identified in 10-K Filings required by the Security and Exchange Commission (SEC]. This filing for one of the two regulated utilities in Michigan (DTE) reads as follows: "Threats of terrorism or cyber-attacks could affect the Registrants' business. The Registrants may be threatened by problems such as computer viruses or terrorism that may disrupt the Registrants' operations and could harm the Registrants' operating results. The Registrants' industry requires the continued operation of sophisticated information technology systems and network infrastructure. Despite implementation of security measures, all of the Registrants' technology systems are vulnerable to disability or failures due to hacking viruses acts of war or terrorism, and other causes. If the Registrants' information technology systems were to fail and they were unable to recover in a timely way, the Registrants might be unable to fulfill critical business functions, which could have a material adverse effect on the Registrants' business, operating results, and financial condition. In addition, the Registrants' generation plants and electrical distribution facilities and, for DTE Energy, gas pipeline and storage facilities, in particular may be targets of terrorist activities that could disrupt the Registrants' ability to produce or distribute some portion of their products. The Registrants have increased security as a result of past events and may be required by regulators or by the future terrorist threat environment to make investments in security that the Registrants cannot currently predict." Clearly, the utilities understand their risks related to the interruption of their services. As policy makers, government officials need to go beyond an understanding of the risks to utilities to understand the risk to the security of our citizens. In an age when most citizens shop for their groceries on a daily basis, how would a prolonged disruption in electricity impact their lives? Grocery stores depend upon trucks to get their products to the store. Trucks depend upon fuel. Fuel is pumped from gas stations. Fuel pumps require electricity. Some experts predict civil disorder in as little as 1 or 2 weeks of prolonged electrical outage. Recommendations Let us be clear. We are not recommending a ban on wireless transmissions. We are asking for a much more responsible approach to policies regarding wireless transmissions than has been taken to date, however. The purpose of government is to secure the rights of the governed. In this context, a key question policy makers need to ask is "Do the perceived benefits for our citizens outweigh the risks?" If duly elected representatives of the people are unable or unwilling to ask this question and respond accordingly with sound policy decisions that impact all of our citizens, we believe that individual citizens should be empowered to make those decisions for themselves. 12~i' Among the policy recommendations that we would like to make based upon the findings in this briefing are the following: i-11"01110te I'Vire tai ja i` »tc € Many rural communities are pursuing adoption of SG networks as a means of accessing high speed internet connections. Rather than deploy 5G "small" cells throughout rural communities, telecommunication companies should be encouraged to provide high speed internet access via wired technologies such as fiber optic cables. These wired systems are more reliable, more secure and provide higher speed access than wireless networks. i.,o'nvei- Htin3-qii Wii°d ss Rp~klklfl §ui xpf)sw-o rl 11.eAiolds If the FCC were to lower the Human Exposure Thresholds currently specified in Figure 3, telecommunication companies would be incentivized to consider the adverse health impacts of technology prior to rolling it out to the public. If the FCC is unwilling to do so, responsibility for the definition of human exposure limits should be reassigned to the EPA, CDC, or FDA. 30 x4.i'stowe Local Cart i-ol Remove prohibits on state and local units of government from regulating the placement of wireless transmitters in their communities. This policy would allow communities to designate themselves as "Wi-Fi" free zones providing safe haven for people suffering from electro- sensitivity. Young children including babies in the womb are much more sensitive to adverse health impacts than fully developed adults. In this light, we should follow the lead of countries such as Israel and France by prohibiting Wi-Fi networks in schools and encouraging hardwired internet connections where necessary. Encourage automotive manufacturers to pursue autonomous vehicle technology that does not require a 5G network or other technologies that result in broad-based risk of adverse health impacts. Contact Information This briefing merely scratches the surface of the data available on this topic. The data which has been provided was done so in an attempt to focus policy considerations upon some of the more salient issues. If you are interested in additional information regarding this policy area, please do not hesitate to contact the authors. Angie Colbeck, MD Patrick Colbeck, MI State Senator accolbeck@corn cast. net picolbeck@comcast.net 131::. Ashland Transit Triangle Infill Strategies Project Vertical Housing Development Zone (VHDZ) ILI All 4 . - • yam.. 14 Proposed Transit Triangle Overlay 77T T -7- FUGONESE ,~~:tocinrr, What impacts development performance? *Land & Construction cost • Market demand • Zoning standards citiescan influence these r - Zoning j: - Incentives (VHTC) - Streetsca pes, parks a and amenities ~Al What is Envision Tomorrow? Owl • Suite of open source planning tools:. Prototype Builder ~ • Return on Investment (R01) model • Scenario Builder .n Extension for ArcGISAir • 20+ modules or apps funded by HUD Sustainable Communities - y u G ra n is law, ~t envision 4tomorrou- a suite of urban and regional planning tools F Tested Physical Parameters (Zoning) . i. Zw u A ~ Z Zr .iw - to A hr.«...e IN .r.. Y'. t P iJ E E :RI7' S •d ce.eu«w se.... Y`wm . m currency - E Gee ~ < a t o [ r..°~sr• .ewa.. ~ena~n Site Layout e .,y re.S.y...Re.ewuar. s c r«w...wm ..y,W...er. + 1. aeon we i z s ,°qe... SketchUp W~sac we.. »rr~hwt+. .~rscr art.co eacmmui .roucotue~on •aynwe Fl,m<r xo~suwr'.i r Tested Financial Feasibility (Market) Tipping Point s - - Height Heed ~ Rent 1 $ Soft $ Rent 2 Set back Qj Taxes ~ Rent3 Landscaping Fees ~ S$ Parking adjustable settings and tools Parking Ratios Parking Revenues • ~~.„rte. costs Gap tools Building Prototypes • Several prototype buildings were modeled • The building prototypes were initially designed to meet the previous zoning code • Several strategies were applied to modify, the building prototypes to make them more feasible • The final building prototype was used as a model for the Transit Triangle (TT) overlay Vertical Housing Tax Credits Encourage Housing Above Commercial Residential' units above l p d' fk[{ii 1 Jr r 6i Commercial t. space below ,m - fi M m How do Vertical Housing Tax Credits Work? • It is a 10 year partial property tax exemption • After 10 years, the full value of the project is placed upon the tax rolls • The exemption applies to the building value only, not the property value • The exemption applies to all taxing jurisdictions that do not opt out when the zone is established • The partial property tax exemption varies with the number of residential floors in a project How can I get these incentives for my building? Up to . I di n gs Wit h 5 Sto ry Of each full floor of B . resIll or taller . . residential there is a 20% property tax exemption Above the ground floor, the property owner gets a 20 percent property tax break for each floor dedicated to residential use, up to 80 percent. VHTC Incentives Differ Depending on the number of floors • VHTC incentives 5 Story or taller buildings to achieve maximum property tax exemption of 80% percent of the building value • 2 Story building -Typically will not use VHTC because it would only be a 20% property tax exemption • 3 Story building - 40% property tax exemption • 4 Story building - 60% property tax exemption • 5 Story building - 80% property tax exemption • 6+ Story building - 80% property tax exemption VHTC Eligibility 1. Project must be entirely = = Y .0 located within a vertical housing development zone { 2. Project must be a multi-story building used for residential ° r Y 1 , 21 and non-residentia l uses f. r 3. At least 50 percent of the.' project's ground floor that s ,1- ~ fronts the primary public street must be committed to _T t sJ=non-residential use Completely Voluntary This is optional. Developers can choose to: ~ 1. Build using existing zoning E 2. Build using the TT overlay 3. Take advantage of the vertical housing tax credit program to help make a development project financially feasible VHTC Benefits • Encourage new mixed-use development ~ • Stimulate more commercial growth in the transit triangle, increasing the value of surrounding properties • Enhance opportunities for alive/work community • Support commercial development by increasing the number of residents in the area • Encourage more walkable neighborhoods by locating goods and services near residents • More housing near transit helps to reduce Green House Gas Emissions • Create long-term community wealth through mixed- use buildings that will be fully taxed after the partial abatement expires Which other cities are using vertical housing tax credits programs? Vertical Housing Case Study - Tigard Adopted Vertical Housing Development i ~ IJ 111 " Zone in 2014-' I silo r5w"~.~ Attwell Off Main • 165 Residential Units • 1,819 sq. ft. Commercial J ` Space The Adrian • 12,000 sq. ft. Mixed-Use - • Office/Apartments 4 • These projects are expected to generate $7.8 million in property taxes over 20 years Learn more about Tigard's VHDZ at: http://www.ti and or.gov/business/vhdz.php Vertical Housing Case Study - Milwaukie • Adopted Vertical Housing Development Zone in December 1 2017 X _ • Axletree is the first jig - using VHTC project • It broke ground in 2018 with completion i n 2019 • Mixed use development in Learn more about Milwaukie's VHDZ at: g Downtown Milwaukie https://www.milwaukieorei~,on.FfovZverticalhousin • 110 Residential Units • 7,300 sq. ft. Commercial Space Testing VHTC in the Transit Triangle Using Building Prototypes envision FRo.-EGONESE 4 I tomorrow- A S S O C I A T E S a suite of urban and regional planning tools Envision TomorroWTM Return on Investment Model Version v3.8.3; Updated 11/19/15 What is the ROI Model? Do you want to examine redevelopment potential in your city, town. or region? Do you want to study the relationship between land use regulations and the current development market? The ROI Model is a versatile, easy-to-use tool that can be used to test the physical and financial feasibility of a proposed development or existing development regulations. The ROI Model considers a range of factors including parking, height and use requirements, costs associated with construction, fees, rents and subsidies. The ROI Model allows you to model single-use and mixed-use buildings at a range of scales. 1 Story Commercial Example • Generic 150 ft by 150 ft lot y: I , J A22 22,500 sgft w. MM =OEM= • 8,600 sf Retail/office net a=ri 17 M-w • 26 Parking Spaces left& • Percent Improvement 150 ft Exemption = 0% • Potential Public Revenue (10 Year Property Tax) _ 4- 22,500 sgft $382,000 ° LO o r . 51 Acres 7-1 1 Story Commercial Example PROPERTY TAX OVER 10 YEARS Year 1 Year 2 Year 3 =4Year 4 MYear 5 ®Year 6 ®Year 7 ®Year 8 EYear 9 ■Year 10 $50,000 $45,000 $41,083 $429312 $43,579 $39,889 $40,000 $38,730 $36 613 $37,605 - $35,452 $35,000 $33,423 $347423 - - - $30,000 - - $25,000 $20,000 $15,000^ - - - $10,000 $5,000 Tax Exemption Total Tax Exemption over 10 Years = $0 Potential Total 10 Year Property Tax = $382,000 3 Story Mixed-Use Example (TT Overlay - R-2 and R-3 Zones) • Generic 150ft by 150ft lot = Y i9 22,500 sgft • ,300 sf Retail office net 28 Units (650 sgft average) • 28 Parking Spaces r ` 150 ft • Percent Improvement Exemption = 40% • Total Tax Exemption over 10 Years = $2457200 0 22,500 sgft `O or.51 Acres • Tax Exemption per unit over 10 Years = $8,864 3 Story Mixed-Use Example (40%) 10 YEAR ABATEMENT Tax Remaining a Tax Exempt $100,000 $90,000 $80,000 $ 9 $27,901 $70,000 _ W $25,534 $2M0 $ ° 8 $24,790 $60,000 $22.686 $ 7 _ $ 4 $22,025 $50,000= $40,000 = - $30,000 $44,311 $45,641 $47,010 $48,420 $49,873 $51,369 $52,910 $54,497 $56,132 $57,817 $20,000 $10,000 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Total Tax Exemption over 10 Years = $245,200 Potential Tota110 Year Property Tax = $753,000 4 Story Mixed-Use Example (TT Overlay - C-1 and E-1 Zones) • Generic 150 ft by 150 ft lot = jy 22,500 sgft • 1, ,600 sf Retail office net - - ~4 °9 7T -zs 4i _'11r .rte' ~0 • 34 Units (650 sqft average) s:.. • 34 Parking Spaces o-_ .150 ft • Percent Improvement Exemption = 60% • Total Tax Exemption over 10 Years = $457,000 0 22,500 sqft LO or .51 Acres • Tax Exemption per unit over 10 Years = $13,337 4 Story Mixed-Use Example (60%) ABATEMENT 10 YEAR TAX Tax Remaining ® Tax Exempt $120,000 $100,000 $80,000 - - 1 `,:~2,006 _ $47,593 1 $40,207 $ TZ286 $ ZCW 4 $60,000 $8 $4~4 $40,000 $20,000 $38,901 $40,068 $41,270 $42,508 $43,783 $45,097 $46,449 $47,843 $49,278 $50,757 n„ - Yea Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Total Tax Exemption over 10 Years = $4577000 Potential Total 10 Year Property Tax = $903,000 Comparing the 3 Examples I Story 3 Story - . Commercial' Mixed-Use Mixed-Use Potential Total 10 Year $3827000 $7537000 $9037000 Property Tax Total Tax Exemption over 10 $0 $245,000 $457,000 Yea rs Remaining Tax Collected after $0 $508,000 $4467000 Exemption over 10 Years Total Tax Exemption per unit $0 $89860 $13,337 over 10 Years • There is more incentive to use VHTC when building 4 story buildings in the C-1 E-1 Z and ones (within the TT overlay) • 60% Abatement for 4 Story (C-1 and E-1 Zones) • 40% Abatement for 3 Story (R-2 and R-3 Zones) t% • VHTC are not generally used for 2 story buildings because they only a receive 20% property tax exemption y, ~ a y J k Implement a Vertical Housing Program Along with zoning updates, the City should consider creating a Vertical Housing Development Zone • Statewide property tax abatement program • 10-year property tax exemption • 20% exemption per residential floor above ground floor commercial • City can establish the types of projects that qualify for the tax exemption • City is responsible for administering the program • City is responsible for coordinating with other taxing agencies (County, School Dist., Etc.) Ashland Transit Triangle Infill Strategies Project Vertical Housing Development Zone (VHDZ) iF fF *f}C ' t x % fly.-,',' - • ro. o ' t^ / E ~ l Eli* ` N .y ♦ _ a~ `cif _ iMta.. a' i ~ ~y` ~ R Y Proposed Transit Triangle Overlay io ,FREGONESE \S S O C I A I I I am hoping you will use this situation as an opportunity to engage in modeling behavior to help Councilmembers, especially the new ones - and also the public - get a better understanding of ethics rules. Often Councilmembers struggle with the nuances of these rules and stumble over their declarations. And members of public sometimes overbroadly interpret the rules as a barrier to any participation in official decisions by anyone with any meaningful experience with the subject matter. • As is well known, my wife Sandra Slattery is the Chamber Executive Director. The Ashland Visitor & Convention Bureau is an arm of the Chamber and is one of the potential recipients of an allocation of TOT revenues for purposes of promoting tourism in Ashland. • My wife is not assured of any gain or loss financially no matter how the council votes on this allocation tonight. So I have no actual conflict under state ethics rules. • Nor is there any realistic conceivable scenario in which she would stand to gain or lose as a result of whatever decision the Council makes tonight. So I have no potential conflict under state ethics rules. • Under the City's in some ways stricter ethic rules, I am to declare a conflict of interest if my independence of judgment might be compromised by a personal interest in the TOT allocation decision, but after making such a declaration may participate and vote. I do believe can set aside any personal interest or partiality I may have in regard to this agenda item and make an objective determination of what seems best for the community as a whole. • In the past, however, when the TOT allocation decision has come before Council while I have been a member, in order to prevent any misuderstandings, I have disclosed my familial connection to the Chamber and my past personal role in the Chamber and then have taken the extra precaution - not required by statute or ordinance - of seeking approval from the Council to refrain from voting on the agenda item and have not participated in Council deliberations on the matter by simply leaving the Council chamber. • This year is a little different because I am unexpectedly in the position of serving as the temporary Presiding Officer tonight. With that in mind, I do want to remind the Council and the public again of my wife's role in the Chamber in my past history as a Chamber member and President and seek Council's approval not to participate in the voting. Upon such approval, I will not participate in either the deliberations or the voting except to carry out the minimum functions of Presiding Officer, which I believe I can do objectively, guided solely by my independent judgment of the interests of the public at large. 1 Remarks of Denis Kendig, March 19. 2019 I'm here tonight to urge the Council to postpone discussion of how to spend the restricted component of the TOT (Transient Occupancy Tax) tax. We've been told that even though the TOT tax rate has been increased from 9% to 10%, the funds generated will likely drop over the next few years. Having less money to spend makes it all the more important that the funds are spent wisely. The current Staff recommendations all call for more money to go to the Visitor and Convention Bureau. Is this the best use of the funds? It might be, but it might not be. For sure, however, we'll have a better idea if that discussion occurs as part of the overall budget review. We have a budget procedure in place that insures a careful review of proposed budgets, and guarantees active input from a citizens group. The Council should allow this process to go forward so the proposed expenditures can be evaluated as part of a broader context. If there was anything that the recent City Council elections taught us, it's that citizens of this town are paying more attention to the City's finances, and are increasingly skeptical that the Council is wisely raising and spending money. I hope this Council can restore confidence in its decisions. Thank you for your time. I