Broward County Commission Regular Meeting


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AI-29080 66.       
Meeting Date: 05/07/2019  
Director's Name: Thomas Hutka
Department: Public Works Division: Real Property

Information
Requested Action
MOTION TO AUTHORIZE conveyance of 21 parcels of land located in Pompano Beach to the City of Pompano Beach subject to affordable housing restrictions, with the exception of one parcel which shall be subject to public park purposes and two parcels to the Pompano Beach CRA subject to affordable housing restrictions; and authorize Mayor and Clerk to execute all required documents to effectuate the transfer subject to the review and approval as to legal sufficiency by the Office of the County Attorney; and authorize recordation of same. (Commission Districts 2 and 4) (Deferred from April 9, 2019 - Item No. 46)

(Per the Tuesday Morning Memorandum, the Board's consideration of this item will be based on the amended Motion Statement distributed by the Office of the County Attorney as Additional Material.)

ACTION:  (T-12:24 PM)  Approved as amended (Resolution No. 2019-265) with Yellow-Sheeted Additional Material, dated May 7, 2019, submitted at the request of the Office of the County Attorney.  (Refer to minutes for full discussion.)  (See Yellow-Sheeted Additional Material, dated May 7, 2019, submitted at the request of Environmental Protection and Growth Management Department.)

VOTE:  8-0.  Commissioner Sharief was out of the room during the vote. 

ACTION:  (T-2:49 PM)  Commissioner Sharief requested being shown voting in the affirmative.

VOTE:  9-0. 
Why Action is Necessary
Board of County Commissioners' approval is required to convey real property pursuant to Broward County Administrative Code, Section 6.23.
What Action Accomplishes
Conveys 21 parcels of land to the City of Pompano Beach for affordable housing purposes, with the exception of one parcel which shall be conveyed for public park purposes and two parcels of land to the Pompano Beach CRA for affordable housing purposes.
Is this Action Goal Related
Previous Action Taken
The Board of County Commissioners deferred this item from their April 9, 2019 (Item No. 46) meeting at the request of the Mayor.
Summary Explanation/Background
THE PUBLIC WORKS DEPARTMENT/FACILITIES MANAGEMENT DIVISION/REAL PROPERTY SECTION, AND THE HOUSING FINANCE AND COMMUNITY REDEVELOPMENT DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.

Between August 2001 and September 2006, 23 parcels located in the City of Pompano Beach escheated to Broward County for non-payment of taxes. On August 5, 2008 (Item No. 12), the Board of County Commissioners approved the conveyance of the 23 parcels to the City of Pompano Beach pursuant to Florida Statutes, Section 197.592(3) subject to a Declaration of Restrictive Covenants for the development of affordable housing. The deeds conveying the parcels contained a provision which stated that the properties would revert back to the County if the City did not obtain a certificate of occupancy for a single-family home within 12 months from the date of the deed, which was the County's policy at the time. The City did not obtain the certificates of occupancy for any of the properties. On November 9, 2009, pursuant to the terms of the deeds, the properties reverted back to the County upon the recordation of an affidavit by the County stating that the County had exercised its due diligence and confirmed that no final certificate of occupancy had been issued for each property. On December 7, 2010 (Item No. 61), the Board of County Commissioners amended its policy to allow the grantees of County properties conveyed for affordable housing purposes to obtain a certificate of occupancy within five years.

The breakdown of the 23 parcels are as follows:
  • 15 - buildable;
  • Two - unbuildable but are adjacent to each other and may be suitable for development if combined together;
  • Two - unbuildable but may be suitable for development if combined with adjacent vacant lot; and
  • Four - unbuildable and would require a variance from the City of Pompano Beach for possible development.
The City has recently requested conveyance of all 23 lots for development as set forth in Exhibit 3. The City is an “entitlement city” meaning that it receives dedicated annual grant funding from the Federal government for both CDBG and HOME grants and from the State for SHIP grants and therefore has identical sources of funding as the County. The Broward County Housing Finance and Community Redevelopment Division policy is to not provide County grant funding from the same grant sources to entitlement cities. The Broward County Housing Finance and Community Redevelopment Division also recommends that the “range of affordability be up to” moderate income families (defined as incomes that are up to 120% of Area Median Income based on family size). Of the 23 lots, 20 will be conveyed to the City with affordable housing restrictions and one will be conveyed for public park purposes. The single public park purpose lot is depicted as "E" on page 2 of Exhibit 2 (Unbuildable lots map). Two lots will be conveyed to the Pompano Beach CRA with affordable housing restrictions.
Source of Additional Information
Purvi A. Bhogaita, Director, Real Property Section, (954) 357-7333
Thomas J. Hutka, P.E., Director, Public Works Department, (954) 357-6410
Ralph Stone, Director, Housing Finance and Community Redevelopment Division, (954) 357-5320

Fiscal Impact
Fiscal Impact/Cost Summary:
There is no fiscal impact to Broward County. However, if the parcels are improved and/or conveyed to private ownership, these properties may be placed on the tax roll and may be subject to ad valorem property taxes.
Attachments
Exhibit 1 - Buildable Parcels Summary
Exhibit 2 - Unbuildable Parcels Summary
Exhibit 3 - City of Pompano Beach - Proposed Future Use
Additional Material - Information
Additional Material - Information


    

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