Broward County Commission Regular Meeting


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AI-29388 98.       
Meeting Date: 06/11/2019  
Director's Name: Andrew J. Meyers
Department: County Attorney  

Information
Requested Action
A. MOTION TO APPROVE Interlocal Agreement (“ILA”) between Broward County and the City of Hollywood (the “City”) seeking to resolve a Chapter 164 intergovernmental conflict relating to the construction and operation of a radio communication tower in West Lake Park or, as desired by the City, at the Circ Residences building ("Circ"), which approval is subject to approval of same by the Hollywood City Commission at its meeting on June 12, 2019; and authorize the Mayor and Clerk to execute same. 

ACTION:  (T-2:26 PM  The Board discussed various points in the proposed ILA, which were outlined and defined by County Attorney Andrew J. Meyers.  Following discussion, Board members requested that the County Attorney negotiate operating costs with the City of Hollywood relative to basing monthly rent determined by the average of the "three rooftop locations" with the cost being borne by the County, and with any increase above the base being paid by the City of Hollywood.  (Refer to minutes for full discussion.)  (See Yellow-Sheeted Additional Material, dated June 11, 2019, submitted at the request of the Office of the County Attorney.)

VOTE:  6-2.  Commissioner Udine and Vice-Mayor Holness voted no. Commissioner Sharief was not present.

ACTION:  (T-3:34 PM)  The Board approved six items that the County Attorney's Office drafted and read into the record.  (Refer to minutes for full discussion.)

VOTE:  6-1.  Commissioner Udine voted no.  Vice Mayor Holness was inaudible during the vote.  Commissioner Sharief was not present during the vote.  Later in the meeting, Vice-Mayor Holness requested being shown voting in the affirmative.

VOTE: 7-1.  Commissioner Udine voted no. Commissioner Sharief was not present.

ACTION:  (T-3:36 PM)  In the event that the City of Hollywood cannot agree with the County's proposal, the Board approved a compromise of offering the radio communication tower being located at a water plant in the City of Hollywood.  (Refer to minutes for full discussion.)

VOTE:  8-0.  Vice-Mayor Holness voted in the affirmative telephonically.  Commissioner Sharief was not present.

 
B. MOTION TO AUTHORIZE County Administrator to negotiate and execute any necessary contracts and amendments, subject to approval as to legal sufficiency by the Office of the County Attorney, and to take any necessary administrative and budgetary actions, to perform and effectuate the County’s obligations under the ILA.

ACTION:  (T-2:26 PM  The Board discussed various points in the proposed ILA, which were outlined and defined by County Attorney Andrew J. Meyers.  Following discussion, Board members requested that the County Attorney negotiate operating costs with the City of Hollywood relative to basing monthly rent determined by the average of the "three rooftop locations" with the cost being borne by the County, and with any increase above the base being paid by the City of Hollywood.  (Refer to minutes for full discussion.)  (See Yellow-Sheeted Additional Material, dated June 11, 2019, submitted at the request of the Office of the County Attorney.)

VOTE:  6-2.  Commissioner Udine and Vice-Mayor Holness voted no. Commissioner Sharief was not present.

ACTION:  (T-3:34 PM)  The Board approved six items that the County Attorney's Office drafted and read into the record.  (Refer to minutes for full discussion.)

VOTE:  6-1.  Commissioner Udine voted no.  Vice Mayor Holness was inaudible during the vote.  Commissioner Sharief was not present during the vote.  Later in the meeting, Vice-Mayor Holness requested being shown voting in the affirmative.

VOTE: 7-1.  Commissioner Udine voted no. Commissioner Sharief was not present.

ACTION:  (T-3:36 PM)  In the event that the City of Hollywood cannot agree with the County's proposal, the Board approved a compromise of offering the radio communication tower being located at a water plant in the City of Hollywood.  (Refer to minutes for full discussion.)

VOTE:  8-0.  Vice-Mayor Holness voted in the affirmative telephonically.  Commissioner Sharief was not present.

 
C. MOTION TO AUTHORIZE Office of the County Attorney to initiate and take any legal actions as may be necessary against the City if the ILA is not approved by the Board of County Commissioners or the City Commission on or before June 12, 2019, and notwithstanding any such approval further authorizing the filing of any required court action to timely challenge the City’s June 5, 2019, site plan denial.

ACTION:  (T-2:26 PM  The Board discussed various points in the proposed ILA, which were outlined and defined by County Attorney Andrew J. Meyers.  Following discussion, Board members requested that the County Attorney negotiate operating costs with the City of Hollywood relative to basing monthly rent determined by the average of the "three rooftop locations" with the cost being borne by the County, and with any increase above the base being paid by the City of Hollywood.  (Refer to minutes for full discussion.)  (See Yellow-Sheeted Additional Material, dated June 11, 2019, submitted at the request of the Office of the County Attorney.)

VOTE:  6-2.  Commissioner Udine and Vice-Mayor Holness voted no. Commissioner Sharief was not present.

ACTION:  (T-3:34 PM)  The Board approved six items that the County Attorney's Office drafted and read into the record.  (Refer to minutes for full discussion.)

VOTE:  6-1.  Commissioner Udine voted no.  Vice Mayor Holness was inaudible during the vote.  Commissioner Sharief was not present during the vote.  Later in the meeting, Vice-Mayor Holness requested being shown voting in the affirmative.

VOTE: 7-1.  Commissioner Udine voted no. Commissioner Sharief was not present.

ACTION:  (T-3:36 PM)  In the event that the City of Hollywood cannot agree with the County's proposal, the Board approved a compromise of offering the radio communication tower being located at a water plant in the City of Hollywood.  (Refer to minutes for full discussion.)

VOTE:  8-0.  Vice-Mayor Holness voted in the affirmative telephonically.  Commissioner Sharief was not present.

 
Why Action is Necessary
Board approval and the referenced delegations of authority are required to achieve the actions outlined above.
What Action Accomplishes
Allows the Board to consider a proposal that could potentially resolve this intergovernmental dispute, and authorizes additional actions related to such dispute and this potential resolution.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/Background
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.
Source of Additional Information
Maite Azcoitia and Rene D. Harrod, Deputy County Attorneys, (954) 357-7600

Fiscal Impact
Fiscal Impact/Cost Summary:
Not determined at this time.
Attachments
Additional Material - Information


    

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