Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - March 7, 2017
March 7, 2017 - Regular Meeting
Agenda Item #61

Ordinance No. 17-21, relating to right of permitting and wireless communications providers, amending and restating Article II of Chapter 2-28 of the Manatee County Code of Ordinances

Briefing Provided Upon Request

Contact and/or Presenter Information
Sia Mollanazar, P.E., Deputy Director, Engineering Services, Ext. 7487

Action Requested

Motion to adopt Ordinance No. 17-21.

Enabling/Regulating Authority

Sections 125.01 and 337.401, Florida Statutes

Background Discussion

On September 13, 2016, the Board adopted Resolution 16-147 (Temporary Cessation Resolution) establishing a temporary cessation of acceptance of right-of-way permit applications for certain installations and structures.  One of the purposes of this Temporary Cessation Resolution was to give staff adequate time to revise the County's Right-of-Way Management Code.  When the Temporary Cessation Resolution was presented to the Board, staff expected that the necessary revisions could be accomplished prior to Friday, February 10, 2017.  Due to the complexity of the endeavor, more time was needed to complete these revisions.

On January 24, 2017, the Board adopted Resolution 17-18 extending the Temporary Cessation Resolution twenty-nine (29) days, until March 11, 2017, to provide the additional time needed to develop the necessary revision to the Right-of-Way Management Code. 

On February 14, 2017, a Board work session was held to discuss the proposed ordinance drafted to that date.  Staff has revised the proposed ordinance by reorganizing and modifying paragraphs into more logical sequencing and refining definitions as applicable into the document presented today for adoption.

The amended ordinance allows:

  • The location and collocation of wireless communication equipment on existing structures or poles; this includes non-county owned street lights.
  • The equipment boxes to be attached to the pole.
  • A new support structure (poles) in the right-of-way to be permitted as long as they are located within the boundary limits shown on Figures 1 or 2.
  • No wireless communication is allowed on county owned structures or poles.
  • A major modification to an existing permitted and legally maintained light pole or utility pole in the right-of-way to be permitted (collocation allowed).
  • All accessory equipment, auxiliary equipment, equipment boxes, and equipment cabinets to be mounted on the structure at least seven feet above ground.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Assistant County Attorneys  Pamela J. D'Agostino and Anne E. Morris are actively assisting with this matter pursuant to CAO Matter No. 2016-0641

Reviewing Attorney

Instructions to Board Records

Please provide Sia Mollanazar, P.E., Deputy Director - Engineering Services with a scanned copy of the adopted Ordinance 

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  Proof of Publication - Bradenton Herald 2 24 17.pdf
Attachment:  Fla Admin Register Vol 43 No 33 Isssued 2 17 17.pdf
Attachment:  Res 16-147 moritorium.pdf
Attachment:  Res 17-18 moritorium.pdf
Attachment:  Ordinance 17-21 2-28-17.pdf