Broward County Commission Regular Meeting


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AI-29036 62.       
Meeting Date: 05/07/2019  
Director's Name: Andrew J. Meyers
Department: County Attorney  

Information
Requested Action
MOTION TO ADOPT Resolution No. 2019-264 the title of which is as follows:  
 
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, APPROVING A MODIFICATION OF THAT CERTAIN DECLARATION OF RESTRICTIVE COVENANTS TO RELEASE AND REMOVE THE RESTRICTIONS IMPOSED BY SUCH DECLARATION ON A PORTION OF WEST LAKE REGIONAL PARK; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

(Per the Tuesday Morning Memorandum, Attachment 4 of the Resolution was distributed as Additional Material.)

ACTION:  (T-1:06 PM)  Approved with Yellow-Sheeted Additional Material, 50(2), dated April 16, 2019, submitted at the request of the County Attorney's Office.  See Yellow-Sheeted Additional Material, 50, dated April 16, 2019, as well as Purple-Sheeted Additional Material, 62 (1, 2, 3, 4 and 5) dated May 7, 2019,   (Refer to minutes for full discussion.)

VOTE: 8-1.  Commissioner Furr voted no. 
Why Action is Necessary
Board approval is necessary for the adoption of a Resolution.
What Action Accomplishes
Enables adoption of the above Resolution.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/Background
On April 9, 2019, the Board of County Commissioners (the “Board”) held a workshop to discuss a feasibility study regarding the potential placement of a radio communication tower and related communication equipment for the new Project 25 Public Safety Radio System (“P25 System”) on the roof of the Circ Hotel and Residences (the “Circ”).  The feasibility study concluded that locating the tower on top of the Circ would cost substantially more, take longer, and, most importantly, reduce the efficacy (coverage) of the new P25 System.

The County has identified two viable sites for placement of the required equipment.  The first, on the site of the City of Hollywood wastewater treatment plant, is owned by the City of Hollywood and the City of Hollywood has objected to such placement.  The second is a parcel within West Lake Regional Park (“Park”). 

The use of the Park is currently restricted by that certain Declaration of Restrictive Covenants, recorded July 18, 2007, as Instrument Number 107227098 in the Official Records of Broward County, Florida (“Declaration”).  The Declaration requires modification to permit the County to use a portion of the Park, as more particularly described in the attached Resolution (“Premises”), for the P25 System.
 
At a regular Commission meeting held on April 16, 2019, the Board approved Resolution No. 2019-243, which directed the County Administrator to publish notice of a public hearing to consider a Resolution approving the modification of the Declaration to release and remove the restrictions imposed by the Declaration on the Premises, thereby permitting the Premises to be used for the P25 System, and further directed the Parks and Recreation Division to post signage at the Premises as required by the Declaration.      
 
As required by the Declaration and Resolution No. 2019-243, the County Administrator published timely notice of the public hearing on May 7, 2019 (“May 7th hearing”), and the Parks and Recreation Division posted timely and visible signage providing information regarding the May 7th hearing and the attached proposed modification of the Declaration (“Modification”).
 
This item would approve and authorize the execution of the Modification in order to release and remove the restrictions imposed by the Declaration on the Premises, thereby permitting the Premises to be used for the P25 System (subject to compliance with all applicable legal requirements).
 
Please note that Attachment 4 of the Resolution is being finalized by County staff and will be distributed under separate cover as additional material.
Source of Additional Information
Irma Qureshi, Assistant County Attorney, (954) 357-7600

Fiscal Impact
Fiscal Impact/Cost Summary:
None.
Attachments
Exhibit 1 - Copy of Resolution Approving a Modification of the Declaration of Restrictive Covenants for West Lake Regional Park
Exhibit 2 - Modification of the Declaration of Restrictive Covenants to Release a Portion of the Real Property Covered Thereby from the Stated Restrictive Covenants
Additional Material from Item No. 50 on 4/16/19 Agenda
Additional Material from Item No. 50 on 4/16/19 Agenda
Additional Material - Information
Additional Material - Information
Additional Material - Information
Additional Material - Information
Additional Material - Information


    

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