|Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - November 7, 2017|
Agenda Item #56
Ordinance 17-48 Regulating Certain Right-of-Way Permit Applications
Contact and/or Presenter Information
Sia Mollanazar, P.E., Deputy Director - Engineering Services, Public Works Dept., Ext. 7487
Pamela D'Agostino, Assistant County Attorney, and Anne Morris, Assistant County Attorney, Ext. 3750.
Motion to adopt Ordinance No. 17-48.
Chapter 2017-136, Amending s. 337.401, Florida Statutes
On March 7, 2017, Manatee County amended the County's Right-of-Way Management Code via the adoption of Ordinance 17-021. On April 28, 2017, the Florida Legislature passed House Bill 687, amending Florida Statute 337.401, which provides certain criteria and standards for the processing of applications and permitting of the installation of utility poles and the collocation of small wireless facilities on county or municipality utility poles within public rights-of-way. HB 687 creates a process by which wireless providers may place certain small wireless facilities on, under, within, or adjacent to certain utility poles or wireless support structures within public rights-of-way. HB 687 also provides that a municipality or county may not prohibit, regulate, or charge for the collocation of small wireless facilities in the public rights-of-way, except as specified in the bill.
On June 20, 2017, the Board adopted Resolution 17-074 (Temporary Cessation Resolution) establishing a temporary cessation of acceptance of right-of-way permit applications in order to allow staff to incorporate the amendments of Florida Statute 337.401 into the County's Right-of-Way Management Code. Due to the complexity of the endeavor, more time was needed to complete these revisions. On September 18, 2017, the Board adopted Resolution 17-110, extending the Temporary Cessation Resolution (60) days.
The following are the substantive revisions within ordinance 17-48, as required by Florida Statute 337.401:
County Attorney Review
Formal Written Review (Opinion memo must be attached)
Explanation of Other
Instructions to Board Records
If adopted, please provide an executed copy of the Resolution to Assistant County Attorney Anne Morris and to Sia Mollanazar, P.E., Deputy Director - Engineering Services, Public Works Dept.
Cost and Funds Source Account Number and Name
Amount and Frequency of Recurring Costs
Attachment: CAO Memo - AMS.pdf
Attachment: Resolution 17-110.pdf
Attachment: Resolution 17-074.pdf
Attachment: Ordinance No. 17-21.pdf
Attachment: Chapter 2017-136.pdf
Attachment: Ordinance 17-48.pdf
Attachment: Proof of Publication - Bradenton Herald 10.23.17.pdf
Attachment: Proof of Publication - Fla Admin Register Vol 43 No 195 Issued 10 9 17.pdf