title
RETENTION OF GRAY ROBINSON FOR WIRELESS TELECOMMUNICATIONS ADVICE (B)
recommendation
The City Commission authorize the City Attorney to retain the law firm of Gray Robinson to assist staff in amending ordinances and policies regarding telecommunication facilities in an amount not to exceed $100,000.00
explanation
In June 2016, the Public Works department received two applications for rights-of-way use permits from a company named Mobilitie. Mobilitie requested the permit to place 75' wooden poles in two separate locations. While the applications were incomplete and were denied because they were incomplete, the applications made staff aware that the City's current ordinances were not sufficient to address the new infrastructure needs associated with small cells and DAS. The City Attorney's office retained the law firm of Gray Robinson to assist the City in reviewing and updating its ordinances relative to wireless telecommunication facilities.
Upon a review of the City's ordinances with Gary Resnick, attorney with Gray Robinson, it was determined that a moratorium should be enacted while the City studied the needed changes to update its ordinances. The moratorium was adopted by the City Commission effective October 6, 2016 and subsequently a City staff workgroup was formed to study and make recommendations to the City Commission. The staff workgroup includes representatives from the City's planning staff, public works staff, building department, GRU electric, GRU telecommunications and City Attorney's office. During the workgroup meeting with Gary Resnick, it was determined that the following ordinances needed amending to keep current with new FCC rulings, Florida law, and new technology: Chapter 23, Article III, Utility Installations within the Public Rights-of-Way, Chapter 23, Article VI, Registration Requirements for Use of Public Rights-of-way by Communications Service Providers and Other Wireline Users of Rights-of-Way, Chapter 14.5, Ar...
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