On January 8, 2019, the County commenced Chapter 164 dispute resolution proceedings against the City of Hollywood (the “City”) regarding the County’s siting and construction of a radio communication tower in West Lake Park. The County is in the midst of an ongoing upgrade, costing in excess of $50 million, to the public safety regional communications system (the “P25 System”). The P25 System relies upon a network of communication towers that facilitate the critical radio communications for first responders and other public safety officials, and is currently being implemented by County vendor Motorola Solutions, Inc. Based upon extensive coverage analyses and in coordination with vendors, consultants, and other industry professionals, the County identified the locations for additional communication towers that must be sited and built to support the upgrade to the regional communications system. The communication tower proposed to be constructed at West Lake Park is critical infrastructure and necessary for the implementation of the countywide public safety emergency radio communication system.
On June 5, 2019, the City of Hollywood denied the application submitted by the County on August 21, 2018, for site plan approval (“Site Plan Application”) of the tower at West Lake Park. The Site Plan Application had been continued on multiple occasions before finally being denied on June 5, 2019. The County contends that the Site Plan Application was improperly denied and that, pursuant to Florida Statutes Section 365.172(13)(d), the Site Plan Application is deemed “automatically approved” and the County “may proceed with the placement of the facilities without interference or penalty.” § 365.172(13)(d), Fla. Stat.
On June 6, 2019, the Board and the City Commission met in a joint public meeting pursuant to Section 164.1055, Florida Statutes, and discussed the terms of a potential resolution of the dispute.
The proposed ILA, which is being developed in coordination with the Hollywood City Attorney and will be distributed before the June 11, 2019, Board meeting, provides for retention of an independent expert (including any necessary subcontractor(s)) to provide an opinion (“Expert Report”) that would be binding on both the County and the City and would determine cost, feasibility, and performance issues relating to the proposed construction and operation at West Lake Park and the City’s alternative proposal for proposed construction and operation at the Circ. The ILA will also address the parties’ mutual acknowledgment that, to be feasible, the proposed construction and operation must be in compliance with the technical specifications and coverage requirements stated in the County’s P25 System agreement with Motorola Solutions. If the Expert Report determines that a tower at the Circ would comply with the minimum system requirements (including signal reliability) established for the P25 System and that, on balance, the Circ location is equal to or better than the West Lake Park location in terms of reliably protecting public health and safety, then, provided applicable deadlines are met, the City may elect for the tower to be installed at the Circ. If the City so opts, the City will be responsible for funding the full incremental cost of installation, construction, operation, and support and maintenance of the tower at the Circ that exceeds the anticipated costs of same for a tower at West Lake Park.
This item would approve the proposed ILA, subject to the City Commission approving same at its emergency meeting on June 12, 2019, and would provide further required authorizations for the County Administrator and County Attorney.
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