Broward County Commission Regular Meeting

MOTION TO ADOPT Resolution No. 2019-245 the title of which is as follows:  
 
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, DIRECTING THE COUNTY ADMINISTRATOR TO PUBLISH NOTICE OF PUBLIC HEARING TO BE HELD ON TUESDAY, MAY 7, 2019, AT 10:00 A.M. IN ROOM 422 OF THE BROWARD COUNTY GOVERNMENTAL CENTER, 115 SOUTH ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA, TO CONSIDER A RESOLUTION APPROVING A MODIFICATION OF THAT CERTAIN DECLARATION OF RESTRICTIVE COVENANTS FOR WEST LAKE REGIONAL PARK; DIRECTING THE PARKS AND RECREATION DIVISION TO POST SIGNAGE AT WEST LAKE REGIONAL PARK IN ACCORDANCE WITH THE DECLARATION OF RESTRICTIVE COVENANTS; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

(Per the Tuesday Morning Memorandum, this item should be listed under the header of "Set for Public Hearing."  In addition, the Board's consideration of this item will be based on the revised Resolution and exhibits distributed as Additional Material 50(2) by the Office of the County Attorney.)

(Item Numbers 47 and 50 were heard concurrently and voted on separately.)

ACTION:  (T-12:12 PM)  Approved as amended with Yellow-Sheeted Additional Material, 50(2) dated April 16, 2019, submitted at the request of the Office of the County Attorney.  (Refer to minutes for full discussion.)  (See Yellow-Sheeted Additional Material, dated April 16, 2019, submitted at the request of County Administration.)

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

Formal Board approval is necessary for the adoption of a Resolution.

Enables the adoption of the above Resolution.

On April 9, 2019, the Board of County Commissioners 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 (“Parcel”), for the P25 System.
 
This item would direct 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 Parcel, thereby permitting the Parcel to be used for the P25 System, and would further direct the Parks and Recreation Division to post signage at the Parcel in accordance with the Declaration.      
 
Please note that the legal description for the subject parcel is being refined and will be distributed under separate cover as additional material.

Irma Qureshi, Assistant County Attorney, (954) 357-7600