Resolution 2019-30994 RESOLUTION NO. 2019-30994
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA
LEGISLATURE TO REPEAL STATE STATUTORY PROVISIONS
PREEMPTING THE LOCAL REGULATION OF SMALL
WIRELESS FACILITIES LOCATED ON PUBLIC RIGHTS-OF-
WAY; AND DIRECTING THE CITY ADMINISTRATION TO
CONTACT WIRELESS TELECOMMUNICATIONS PROVIDERS
TO ATTEMPT TO COORDINATE, AND HOLD A DIALOGUE
REGARDING, THE DEPLOYMENT OF SMALL WIRELESS
FACILITIES THROUGHOUT THE CITY.
WHEREAS, at its September 11, 2019 meeting, the City Commission held a discussion
regarding proposed wireless facilities intended to accommodate 5G technology ("small wireless
facilities") near South Pointe Elementary School, Rebecca Towers, and the Rabbi Alexander S.
Gross Hebrew Academy; and
WHEREAS, several parents expressed concern regarding the proposed small wireless
facilities near the Hebrew Academy and South Pointe Elementary School; and
WHEREAS, the City of Miami Beach is preempted by. State and Federal law from
regulating several aspects of the installation and permitting of small wireless facilities located
within the City's public rights-of-way, including regulations regarding potentia_l health hazards of
small wireless facilities; and
WHEREAS, Florida statutory provisions provide that the City is only authorized to regulate
the installation of small wireless facilities located within the City's public rights-of-way if the small
wireless facility materially interferes with the safe operation of traffic control equipment, interferes
with sight lines or clear zones for transportation, pedestrians, or public safety purpose, materially
interferes with compliance with the Americans with Disabilities Act or similar federal or state
standards regarding pedestrian access or movement, materially fails to comply with the 2017
edition of the Florida Department of Transportation Utility Accommodation Manual, fails to comply
with applicable codes, or fails to comply with discrete objective design standards; and
WHEREAS, the Design Review Board and the Historic Preservation Board have the
jurisdiction to review the small wireless facility pole designs,within each respective board's limited
authority, and whether they would impedepedestrian flow on the sidewalks; and
WHEREAS, following the discussion on September 11, 2019, a motion was adopted by
the City Commission to urge the State Legislature to repeal State statutory provisions preempting
the local regulation of small wireless facilities located on public rights-of-way; and directing the
City administration to contact wireless telecommunications providers to attempt to coordinate,
and hold a dialogue regarding, the deployment of small wireless facilities throughout the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accepts the recommendation of the City Commission to urge the Florida
Legislature to repeal state statutory provisions preempting the local regulation of small wireless
facilities located on public rights-of-way; and to direct the City administration to contact wireless
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telecommunications providers to attempt to coordinate, and hold a dialogue regarding, the
deployment of small cell wirelessfacilities thought the City. / _
PASSED AND ADOPTED this /I day of, Still mU% 2019.
ATTEST:
Dan Gelber
Mayor
ILk A q
Rafaderana o
City Clerk
APPROVED AS TO
:FORM & LANGUAGE
& FOR EX CLITION
................ , (2,-k_01% 1( --ILI ( 7
Jy } 0 City Attorney / Date
;'it'tIrORF'
�4rl:_n : A
RaILL� V
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q•,,,e. ..,( ,
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Commissioner Michael Gongora
New Business and Commission Requests- R9 W
MIAMI BEAL
F
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Commissioner Michael Gongora
DATE: September 11, 2019
SUBJECT: DISCUSSION REGARDING 5G POLES NEXT TO SOUTH POINTE
ELEMENTARY, REBECCA TOWERS,AND HEBREW ACADEMY.
ANALYSIS
Please place on the September 11th commission agenda, a discussion regarding 5G poles
next to South Pointe Elementary, near Rebecca Towers, and Hebrew Academy, including any
potential harmful effects and accessibility issues which may be created. Please feel free to
contact Diana Fontani should you need an additional information on this item.
Applicable Area
South Beach
Is this a Resident Right to Does this item utilize G.O.
Know item? Bond'Funds?
Yes No
Legislative Tracking
Commissioner Michael Gongora
ATTACHMENTS:
Description
o Additional Information
Page 2199 of 2333
50 tech is"an absolute mess," Miami-Dade commissioner says I Miami Herald Page 1 of 10
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MIAMI-DADE COUNTY
5G tech is coming and it's'an absolute mess,'Miami-Dade commissioner says •
AY LINDA ROBERTSON
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SEPTEMBER 05,2019 06,30 AM,UPDATED?HOURS 15 MINUTES AGO' •
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What Is 5G?In its simplest terms,It's the next generation of cellular networking.But 50 will have an Impact on a lot more than Just how quickly your phone downloads files or
plays videos.BY
Comparing the 5G tech revolution to the California gold rush,Miami-Dade Commissioner Eileen
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Higgins bemoaned the unsightly,sloppy and hazardous installation of telecommunications
equipment on Miami streets.
"It's a 5G fiasco,"Higgins said during Wednesday's County Commission meeting."Downtown is
the epicenter of a land grab by the telecommunication companies.We have an absolute mess."
Companies.such as AT&T,Verizon and T-Mobile are erecting new utility poles,boxes,and cables
to accommodate the next generation of wireless technology—5G—touted as super fast and •
super clear.They are in a race to expand their networks and"get to the future faster,"as Verizon
says on its website.
As a result,concrete poles are going up every 30o feet,sometimes in awkward spaces.BIack
splice cases are left sitting on the ground or strapped to trees with plastic yellow caution tape.
Stray wires poke out into walkways.Rats'nests of cable dangle from overhead lines.Sidewalks
are repaired hastily and unevenly with cold asphalt patching.It looks ugly.It looks dangerous.
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50 tech is "an absolute mess,"Miami-Dade commissioner says Miami Herald Page 2 of 10
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"The crews tell me it's not electrified but how are we supposed to know?The boxes aren't closed or
locked,wires are hanging all over the place,."Higgins said."These torn-up sidewalks are
deathtraps;people can trip and fall.You can't get around the poles in a wheelchair or with a
stroller."
Higgins said she elicited oralpromises fromwork
crews not to install poles in front of the Freedom ,:14Yr '
Tower and Gesu Catholic Church,"but how ,g i. I:3:;:lt� ��z "
many buildings can I stand in front of? she said, t r �� ;:ii:,;;�.�,�- �� l� s� �� � �
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passing out photos to other commissioners. ,Oa � �� �� � ,1:t:
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"There's no respect for residents,businesses,art r ` -� .
in public places or our history,"she said,, m � �� 5 � :<
mentioningnewpolesalongBiscayneBoulevard r � . g % � r ,',' r,t17; `,. ;
in front of Bayfront Park and outdoorscul tures ;,02:u.. � i ` 1#u s,`a `
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and one in front of the old post office."It's a a -4 ;e,
et.-4-A,147,1:f.,-,r4 4:v*,, ,<",.07,-4.--,4,, It .,-,.. ,,,,-....t;:.1---,--4:
mess and it's coming to your neighborhood next. ` tlivatt x
Get in front of every building you can." �ity�, d`t F+.
f --'' -.,n,,,,,,,,e4kri'lhk,,.t,b. 1-, Vom4,4p.P%,--*,',,T--4--' ,,, r-'--
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On walks t:5r:augh her District 5,Commissioner Eileen Higgins has found examples of
unfinished Installation work.Maggie Fernandez
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5G tech is"an absolute mess,"Miami-Dade commissioner says IMiami Herald Page 3 of 10
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Raul Moat speaks with Alex tiumego,Carlos Cruz-Casas,Patrick Goddard and Marta Viciedo during the Florida Priorities event at the University of Miami's Donna C.Shalala
Student Center an November 14th,2018.
By
One reason cited for the rapid and indiscriminate installation effort,.Higgins said,i the goal of „
having the networks ready in time for Super Bowl LIV at Hard Roc
lc Stadium on Feb.2,zozo.
"If this was done in an orderly way,and homeowners and businesses had proper notice,I'd be
thrilled to showcase Miami as one ofthe first cities tvith 5G,"she said,"But you can't use the Super
Bowl as an excuse to do shoddy work,They are marking their territory and it's destructive.
"We used to be excited about 5G.Now we all hate it.We're fine with¢Gl"
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Miami Beach has managed the 5G
implementation process much better than the :i' -. a r
county by planning for it two years inadvance, �, $ erg
Higgins said.Each pole has to be approved by the � �«sy� ti , ,ta? , "
city's historic preservation and design review -,,,,40:',.. 3.1„
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boards, k a il� ( � kY
"Miami Beach came up with a beautiful design „ , , ,P
standard,"she said."Even though nobodesi r t , "
happy with poles every Sen feet,at least they are c ' ,
not hideous. T� y 1a '
Higgins and other commissioners asked theV2444
eta
public works department and the county attorney r ,�z ( f--
to study whether Miami Dade can implement `a rs " " ' 1
design and permitting standards that supersede k; 1 , . R -'
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state utility regulations. a ��� �� t I
"The marldngs have been all over the streets for2.:' ya "�` ;
years now,' Commissioner Dennis Moss said, 5";--,,--,-6,-.
4_ ; 0. `� ,, ,, ,,,,,L,T;
echoing Higgins complaints about permanent it-� F }
spray painted"hieroglyphics.""In Tallahassee �� � 3 `
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Page 2202 of 2333 1
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SG tech is"an absolute mess,"Miami-Dade commissioner says I Miami Herald Pale 4 of 10
they allow the utility companies to do what they ,t
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k 5G tech installation indowntown Miami is sloppy and unsightly,Miami•Dade 1
commissioners say.Eileen Higgins
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Spray-painted installation markings,or'hieroglyphics..one downtown Miami sidewalk.Eileen Higgins
Commissioner Daniella Levine Cava suggested the county wait to close out permits until electrical
work is finished at each site.
AT&T did not issue a response to a query about construction but has said previously it is working as
efficiently as possible with local governments to complete the upgrade of its network,which
promises"ideas that seem like science-fiction will someday become reality:augmented reality
shopping,virtual presence at live events,self driving cars,telemedicine.The possibilities are •
endless.”
Patience during
installation will pay off for consumers because the SG breakthrough will"usher in
a Fourth Industrial Revolution,"according to Ronan Dunne,Verizon's executive vice president.
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