Item K1BOARD OF COUNTY COMMISSIONERS
County of Monroe A
Mayor Heather Carruthers, District 3
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T$ne Florida Keys (, S �� Mayor Pro Tem George Neugent, District 2
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�' Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
November 22, 2016
Agenda Item Number: K.1
Agenda Item Summary #2351
BULK ITEM: No DEPARTMENT: Engineering / Roads
TIME APPROXIMATE: STAFF CONTACT: Judith Clarke (305) 295 -4329
11 a.m.
AGENDA ITEM WORDING: Appeal by AT &T of a denial of a right of way permit to install two
35 -ft high poles to support antennas on the county right of way on Big Pine Key. (Quasi-judicial)
ITEM BACKGROUND: AT &T applied for and received a right -of -way permit to install 29 poles
on the county rights -of -way on Big Pine Key in February, 2016. Due to an increase in permit
applications from multiple companies to install communications facilities in the right -of -way and a
recognition by staff that existing right -of -way codes did not adequately address communications
facilities' permitting, the board approved a resolution at the April, 2016 meeting to defer processing
of applications relating to placement and maintenance of communications facilities in the County's
rights -of -way until an ordinance could be adopted.
Monroe County Ordinance No. 029 -2016 was approved at the October 2016 BOCC meeting. The
ordinance does not allow vertical structures whose purpose is to serve as a mounting device for
antennas to be placed in the public right -of -way and staff denied AT &T's application to install two
additional poles on the right -of -way. The two poles are needed in order for AT &T to complete their
system as designed.
PREVIOUS RELEVANT BOCC ACTION:
Monroe County Ordinance No. 029 -2016 was approved at the October 2016 BOCC meeting.
CONTRACT /AGREEMENT CHANGES:
none
STAFF RECOMMENDATION:
DOCUMENTATION:
appeal back up
FINANCIAL IMPACT:
I 11 T/ 1 X117.1.6
Judith Clarke
Completed
11/07/2016 1:05 PM
Christine Limbert
Completed
11/07/2016 2:00 PM
Budget and Finance
Completed
11/07/2016 2:20 PM
Maria Slavik
Completed
11/07/2016 2:43 PM
Kathy Peters
Completed
11/08/2016 11:12 AM
Board of County Commissioners
Pending
11/22/2016 9:00 AM
K.1.a
4 % 0 .. 0 AT&T Mobility, Inc. T; 2O5- -
at &t 1876 Data Drfve
Hoover, AL 35244 www.att.com
October 28, 2016
Ms. Judith Clarke
Monroe County
Department of Engineering
Historic Gato Building
1100 Simonton Street
Key West, FL 33040
RE; AT &T Small Cell Project on Big Pine Key
Dear Judith:
This letter is in reference to a conversation in your office on Wednesday, October 26,
2016 with Will Jacobs of CompSites International, LLC. The discussion concerned
the new ordinance addressing Communications facilities, which amends sections 19-
36 of the Monroe County Code; providing for definitions for communications
facilities, communications services and communications services providers.
The article discussed in your office was section 3 (u), which states, "Vertical
structures, such as towers, whose purpose is to serve as a mounting device for
antennas, are expressly prohibited from being placed in the public right -of -way and
this Article shall supersede all applicable zoning and land use laws and regulations
inconsistent with this Article ".
Your comment was that the Article, although specifically names towers, actually
applies to all vertical structures whose purpose is to serve as a mounting device for
antennas, to include utility poles of any type, whether they be wood, composite, metal
or any other material.
Based on this conversation, AT &T would like to request approval from the board for
the final two (2) ROW permits, as it pertains to our ongoing project in Big Pine Key,
Florida. For the last 18 months, AT&T and its contractors have been working on a
small cell system in Big Pine Key, Florida. The system includes 32 small cell new
builds that consisted of 35 feet above ground composite poles. The poles housed the
antennas and the radio equipment.
Currently, 30 of the 32 poles received approved ROW permits prior to the 180 -day
moratorium issued by your office. The last two sites were delayed in getting
regulatory and other required documents in place necessary to apply for the ROW
permit, prior to the moratorium taking effect. One of the 30 sites that received a
ROW permit has to be moved from the middle of Oleander Blvd to the corner of
Oleander and B Ave. The move is Clue to an existing water pipe at the approved
location. Your comment in our meeting was that this site will probably need a new
ROW permit since it has moved. The other remaining site that requires a ROW
Permit is located on Key Deer Blvd, next to the wild life refuge. There are several
poles from the original 30 that are currently installed on this street. This remaining
site is integral as it ties all of these sites together, from a systems stand point. There
are no other options that can be considered in this location.
aw
These two remaining sites that still need to be permitted and built are vital to the
polygon design for this small cell system. The lack of these two remaining sites will
cause inferior service and affect the other 29 sites that are already built and standing.
This appeal is in an effort to get this project, and these two final sites, built. It is not
an appeal for future projects, or an effort to overturn the County's new ordinance.
AT &T has invested a large amount of money and time to get this system built in
order to improve their client's service in Big Pine Key. This system is 95%
complete. This appeal is an effort to get these two sites permitted and built.
We appreciate your time and consideration with this matter. If you need anything
further to secure our position on the November 22 " agenda, please do not hesitate to
contact Will Jacobs, 502 -550 -0015 or Kathy Kelly, 770- 330 -9784.
Sincerely,
Kevin Early
Professional Tec 'cal Project Management
Construction and ngineering- Southeast Region
AT &T
1876 Data Drive, Hoover, AL 35244
rn 205.382.07311 ke3840(a ),att.com
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(C) =
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01/26/16
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4.. ADDITIONS OR DELETIONS TO THIS SURVEY MAP BY OTHER THAN THE
'PB. =
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COMMITMENT, OPINION, OR ABSTRACT, DURING THE COURSE OF THE SURVEY
SOME SEARCHES OF THE PUBLIC RECORDS WERE MADE, BUT THESE
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SEARCHES WERE NOT EXHAUSTIVE AND SHOULD NOT BE CONSIDERED A
=
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OBTAINED FROM A TITLE AGENCY OR OTHER TITLE PROFESSIONAL.
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7. ADJOINING PROPERTY INFORMATION WAS OBTAINED FROM MONROE COUNTY.
SINGLE SUPPORT SIGN
B. AERIAL IMAGERY SHOWN HEREON IS FOR INFORMATIONAL PURPOSES ONLY
NAVD88
= NORTH AMERICAN VERTICA
AND IS NOT PART OF THIS SURVEY.
DATUM OF 1988
9. THE COORDINATES SHOWN HEREON ARE REFERENCED TO THE FLORIDA
STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM
OF 1983, 2007 ADJUSTMENT (NAD83 /2007), AS ESTABLISHED USING
REAL —TIME KINEMATIC GLOBAL POSITIONING SYSTEM (RTK GPS) SURVEY
METHODS, THE CORRECTED POSITIONS COMPUTED WERE VERIFIED THROUGH A
REDUNDANCY OF MEASUREMENTS TO MEET OR EXCEED CLOSURE FOR
ADDRESS:
RURAL: LINEAR 1 FOOT IN 5,000 FEET... ALL DISTANCES SHOWN HEREON ARE
IN GRID U.S, SURVEY FEET.
KEY DEER BLVD.,
BIG PINE KEY, FL 33043
GRAPHIC SCALE
( IN FEET )
1 inch = 30 ft.
(Intended Display Scale)
CERTIFIED TO:
RETEL Services
SCALE
1 " =30'
1 HEREBY CERTIFY THAT THIS SURVEY WAS MADE UNDER MY RESPONSIBLE CHARGE
FIELD WORK
AND MEETS THE STANDARDS OF PRACTICE AS SET FORTH BY THE FLORIDA BOARD
DATE
01/26/16
OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5,L-17, FLORIDA
REVISION
VLSI
- / -/-
SURVEY, CODE, PURSUANT TO SECTION , FLORIDA STATUTES. THIS
SURVEY, RVEY, MEN EN SCHEDULE B HAS BEEN PROVIDED ED MEETS THE PROVISIONS OF
E E C E 8c ASSOCIATES
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SHEET
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1(B)3(ENCROACHMEN75), k 1(B)4(EASEMEN75), SCHEDULE "B" HAS NOT BEEN
PROFESSIONAL SURVEYOR AND MAPPER, LB 784
PROVIDED_
-- - - -- - -- -
DRAWN BY:
REB
127 INDUSTRIAL ROAD, BIG PINE KEY, FL 33041
NOT V" rift olft tK
CHECKED BY:
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SIGNED aLA V A FLOODA FAX (305) 872 — 5622
INVOICE a
16012504
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MAP OF A SPECIFIC PURPOSE SURVEY
SITE 25315
A
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INOTES:
LEGEND:
THIS SURVEY
LOCATION MAP:
NOT TO SCALE
1, THIS IS A SPECIFIC PURPOSE SURVEY, AS DEFINED IN CHAPTER
5J -17 050(10)(A) -(K) OF THE FLORIDA ADMINISTRATIVE CODE.
(C) =
CALCULATED FROM
2,. THIS SURVEY WAS PERFORMED FOR THE SOLE AND EXCLUSIVE BENEFIT OF
FIELD MEASUREMENTS
THE PARTIES LISTED HEREIN AND SHALL NOT BE RELIED UPON BY ANY
C/L =
CENTERLINE
OTHER ENTITY OR INDIVIDUAL WHOMSOEVER, LIKEWISE, ANY REUSE OF THIS
SURVEY FOR ANY PURPOSE OTHER THAN WHICH WAS ORIGINALLY INTENDED,
DB, =
DB.
DEED BOOK
WITHOUT THE WRITTEN PERMISSION OF THE UNDERSIGNED SURVEYOR &
=
ELEVATION
MAPPER, WILL BE DONE SO AT THE RISK OF THE REUSING PARTY AND
END -
FOUND
WITHOUT ANY LIABILITY TO THE UNDERSIGNED SURVEYOR & MAPPER.
FF =
FINISH FLOOR
''. 3. THE PURPOSE OF THIS SURVEY IS DEMONSTRATE THAT THE PROPOSED POLE
OHU =
OVERHEAD UTILTY
LOCATIONS ARE WITHIN PUBLIC RIGHT -OF -WAY
(P) =
PLATTED DIMENSION
4, ADDITIONS OR DELETIONS TO THIS SURVEY MAP BY OTHER THAN THE
PB. =
PLAT BOOK
SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF
PG. =
PAGE
THE SIGNING PARTY OR PARTIES,
R/W =
RIGHT -OF -WAY
5. UNDERGROUND IMPROVEMENTS, IF ANY, WERE NOT LOCATED EXCEPT AS
TOW =
TOP OF BANK
SHOWN.
6,. THIS SURVEY DOES NOT HAVE THE BENEFIT OF A CURRENT TITLE
=
�w
MAILBOX
COMMITMENT, OPINION, OR ABSTRACT. DURING THE COURSE OF THE SURVEY
=
WATER METER
SOME SEARCHES OF THE PUBLIC RECORDS WERE MADE, BUT THESE
=
WATER VALVE
SEARCHES WERE NOT EXHAUSTIVE AND SHOULD NOT BE CONSIDERED A
SUBSTITUTE FOR A PROPER TITLE COMMITMENT, OPINION, OR ABSTRACT
=
SEWER VALVE
UTILITY POLE
OBTAINED FROM A TITLE AGENCY OR OTHER TITLE PROFESSIONAL..
=
SEWER MANHOLE
7. ADJOINING PROPERTY INFORMATION WAS OBTAINED FROM MONROE COUNTY
SINGLE SUPPORT SIGN
S. AERIAL IMAGERY SHOWN HEREON IS FOR INFORMATIONAL PURPOSES ONLY
NAVD88
= NORTH AMERICAN VERTICA
AND IS NOT PART OF THIS SURVEY,
DATUM OF 1988
9. THE COORDINATES SHOWN HEREON ARE REFERENCED TO THE FLORIDA
STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM
OF 1983, 2007 ADJUSTMENT (NAD83 /2007), AS ESTABLISHED USING
REAL -TIME KINEMATIC GLOBAL POSITIONING SYSTEM (RTK GPS) SURVEY
METHODS. THE CORRECTED POSITIONS COMPUTED WERE VERIFIED THROUGH A
REDUNDANCY OF MEASUREMENTS TO MEET OR EXCEED CLOSURE FOR
ADDRESS:
RURAL: LINEAR 1 FOOT IN 5,000 FEET. ALL DISTANCES SHOWN HEREON ARE
IN GRID US, SURVEY FEET,
OLEANDER BLVD..
BIG PINE
KEY, FL 33043
SCALE:
;FIELD WORK 08/18/16
DATE
REVIBION •f "/"
DATE
SHEET 1 OF 1
o"wN BY. REB
CHECKED BY RER
INVOICE s: 15112307
GRAPHIC SCALE
30 p L= W
( IN FEET )
1 inch = 30 ft.
(Intended Display Scale)
CERTIFIED TO:
RETEL Services
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE UNDER MY RESPONSIBLE CHARGE
AND MEETS THE STANDARDS OF PRACTICE AS SET FORTH BY THE FLORIDA BOARD
OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J -17, FLORIDA R /
ADMINISTRATIVE CODE, PURSUANT TO SECTIO N 472027, FLORIDA STATUTES. THIS E E C E & ASSOCIATES
SURVEY, WHEN SCHEDULE B HAS BEEN PROVIDED MEETS THE PRO STATUTES.
OF
FLORIDA ENDORSEMENT FORM 9, SUBPARAGRAPH 1(B) 1(SETBACKS),
1(B)3(ENCROACHMENTS), & 1(B)4(EASEMENTS), SCHEDULE "B" HAS NOT BEEN S PROFESSIONAL SURVEYOR AND MAPPER, LB 7
PROVIDED. / .................. ........�............... ............,,,,,..,.., w,...,
127 INDUSTRIAL ROAD, BIG PINE KEY FL 5:504
s°NATLRE AND THE WI THOUT THE OFFICE (305) 872 - 1348
SIGNED SURV�EYOR ° MAPPER FAX (305) 872 - 5622
ROBERT E REECE, PSN 5602, PRO SONAL 41RWYOR AND NAPPER