Broward County Commission Regular Meeting

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, which approval is subject to approval of same by the Hollywood City Commission at its meeting on June 19, 2019; authorize the Office of the County Administrator to negotiate language changes that do not materially impact the key provisions of the ILA, subject to review and approval as to legal sufficiency by the Office of the County Attorney; and authorize the Mayor and Clerk to execute same. 

(Per the Tuesday Morning Memorandum, the Board's consideration of Item 5A shall be based on the Draft Agreement distributed as Additional Material on June 18, 2019, by the Office of the County Attorney.)

ACTION:  (T-11:31 AM)  Approved with Yellow-Sheeted Additional Material, 5 and 5(2) dated June 18, 2019, submitted at the request of the Office of the County Attorney.  (Refer to minutes for full discussion.)

VOTE:  7-1.  Commissioner Udine voted no.  Commissioner Sharief was not present.
 
B. MOTION TO ADOPT Resolution No. 2019-324 waiving conflict resolution procedures with the City of Hollywood as provided by Chapter 164, Florida Statutes, the title of which is as follows:
 
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, DECLARING THAT SIGNIFICANT LEGAL RIGHTS WILL BE COMPROMISED WITHOUT IMMEDIATE LEGAL ACTION BEFORE COMPLIANCE WITH THE CONFLICT RESOLUTION TIMELINES PRESCRIBED IN CHAPTER 164, FLORIDA STATUTES; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

ACTION:  (T-12:28 PM)  Approved.  (Refer to minutes for full discussion.)

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

ACTION:  (T-12:28 PM)  In addition, the Board approved a "Motion C," as read into the record by Commissioner Udine.  (Refer to minutes for full discussion.)
 
VOTE:  8-0.  Commissioner Sharief was not present.

Board action is required for approval of the Interlocal Agreement and adoption of the Resolution.

Allows the Board to consider the proposed Interlocal Agreement and consider adoption of the proposed Resolution.

The proposed ILA was developed as a result of the June 6, 2019, joint meeting of the Broward County Commission and the Hollywood City Commission, together with direction and input (as applicable) received pursuant to Item 98 on the County Commission’s June 11, 2019, agenda and the Hollywood City Commission discussion on June 12, 2019.    
 
MOTION A: The proposed final form of the ILA, which will be distributed before the County Commission meeting of June 18, 2019, 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 of a tower at West Lake Park and the City’s alternative proposal for proposed construction and operation of the required equipment at the Circ Residences building (the “Circ”). The ILA will also address the parties’ mutual acknowledgment that, to be feasible, among other conditions, 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 on the Circ would comply with the minimum system requirements (including signal reliability) established for the P25 System and further determines 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 shall be responsible for funding the reasonable incremental cost of installation, construction, operation, and support and maintenance of the tower at the Circ (as described in significant detail in the proposed ILA).
 
This item would approve the proposed ILA, subject to the City Commission approving same at its meeting on June 19, 2019, with any nonmaterial changes as may be approved by the Office of the County Administrator and the Office of the County Attorney.
 
MOTION B: The City denied the Site Plan Application for the West Lake Park site on June 5, 2019. The County would lose significant legal rights and remedies if legal action is not filed within thirty (30) days of that denial to contest the denial. This motion is brought in an abundance of caution in the event that the ILA is not approved by the County and the City, any condition precedent to the effectiveness of the ILA fails, or the ILA is terminated as permitted under limited circumstances. Approval of Motion B requires the affirmative vote of seven (7) County Commissioners.

Maite Azcoitia and Rene D. Harrod, Deputy County Attorneys, (954) 357-7600