Broward County Commission Regular Meeting


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AI-28345 2.       
Meeting Date: 02/12/2019  
Director's Name: Mark Gale
Department: Aviation Division: Administration

Information
Requested Action
A. MOTION TO AUTHORIZE transfer of the County-owned real property identified in Exhibit 1, including the improvements located thereon, from the Broward County Aviation Department to Broward County in exchange for a payment of $777,000; and to authorize the County Administrator to take the necessary administrative and budgetary actions to implement same.

ACTION:  (T-10:55 AM)  Approved.  

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.


B. MOTION TO ADOPT Resolution No. 2019-069 authorizing the Broward County Board of County Commissioners to dispose of the real property identified in Exhibit 1 from the Airport System pursuant to Section 712 of Resolution No. 2012-320, pertaining to Airport System Revenue Bonds; making a determination that the disposal of said real property, which constitutes a part of the Airport System, will not impair the operating efficiency of the Airport System or reduce the revenue-producing capability of the Airport System; and providing for severability and an effective date. 

ACTION:  (T-10:55 AM)  Approved.  

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.


C. MOTION TO APPROVE Declaration of Covenants, Restrictions, and Easements to be recorded against the real property identified in Exhibit 1; and authorize the Mayor and Clerk to execute same.

ACTION:  (T-10:55 AM)  Approved.  

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.


D. MOTION TO APPROVE Amendment to the Declaration of Restrictive Covenants on County-owned property adjacent to the real property identified in Exhibit 1; and authorize the Mayor and Clerk to execute same.

ACTION:  (T-10:55 AM)  Approved.  

VOTE: 9-0.  Commissioner Geller voted in the affirmative telephonically.
Why Action is Necessary
Motions A through D: The transfer of the real property identified in Exhibit 1 (the "Property") from the Broward County Aviation Department ("BCAD") to Broward County ("County") and all associated actions require approval by the Broward County Board of County Commissioners ("Board").
What Action Accomplishes
Motions A through C: Authorize BCAD to transfer the Property to the County.

Motion D: Removes a restriction on County-owned property adjacent to the Property to allow public access from the Property.
Is this Action Goal Related
Previous Action Taken
None.
Summary Explanation/Background
THE AVIATION DEPARTMENT AND PARKS AND RECREATION DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS.

The proposed actions as part of this Board item will authorize BCAD to transfer the Property to the County and remove a restriction on County-owned property adjacent to the Property to allow public access from the Property.  

Motion A
This action approves the transfer of certain real property identified in Exhibit 1 from BCAD to the County. The Property will be used for access to Boater’s Park, and is immediately adjacent to the property that was transferred from BCAD to the County in 2016 for the new Animal Care Facility.

The Property was purchased by BCAD with funds from the Federal Aviation Administration ("FAA") and the Florida Department of Transportation ("FDOT") for noise compatibility purposes. As such, both the FAA and FDOT needed to consent to the transfer. An approval letter was received from the FAA on November 8, 2018 (Exhibit 2), and from FDOT on August 23, 2018 (Exhibit 3).

The fair market value appraisal performed in September 2017 concluded that the Property had a market value of $777,000. Payment for the sale of the Property will be transferred from the County’s General Capital Fund to the Aviation Enterprise Fund.

Motion B
Approval of this resolution is required pursuant to Bond Resolution No. 2012-320, to determine that the sale of the Property will not impair the ability of the County to repay the bond (Exhibit 4).

Motion C
Under the 1987 Land Acquisition and Relocation Assistance Program for Broward County’s Fort Lauderdale-Hollywood International Airport ("FLL"), residential parcels that were impacted by FLL noise were acquired by the County. The County received assistance in funding the acquisition through grants received from the FAA and FDOT. As a condition of making grant funds available, noise-impacted properties are required to be made Airport-compatible through appropriate restrictions on the use of the property. The Declaration of Covenants, Restrictions, and Easements (“Declaration”) contains restrictions, which include prohibiting residential uses, operations that could constitute an airport hazard, and other uses that are not compatible with the Airport. Approval of the Declaration will allow for the recording of same in order to ensure that use of the Property is compatible with the Airport (Exhibit 5).

Motion D
In 1995, the County recorded a Declaration of Restrictive Covenants (the "Original DRC") on the land adjacent to the Property. The Original DRC created a 100-foot buffer on the north side of the Dania Cutoff Canal called the Greenways and contains a restriction stating that the sole access to the Greenways by the public shall be from the Dania Cutoff Canal. The County would now like to allow access to the Greenways by the public through the Property. Approval of the Amendment to the Original DRC will allow such access (Exhibit 6).

The proposed documents in these actions have been reviewed and approved by the Office of the County Attorney's Office.
Source of Additional Information
Mark E. Gale, A.A.E., CEO/Director of Aviation, (954) 359-6199

Fiscal Impact
Fiscal Impact/Cost Summary:
The $777,000 payment is currently budgeted in the General Capital Fund and will be paid to the Airport for the transfer of the Property. The proceeds from the transfer will be reinvested at the Airport for FAA approved projects.
Attachments
Exhibit 1 - Property
Exhibit 2 - FAA Approval Letter
Exhibit 3 - FDOT Approval Letter
Exhibit 4 - Resolution
Exhibit 5 - DRC
Exhibit 6 - Amendment to DRC


    

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