Agenda 09-11-18 CITY OF BOYNTON BEACH
SPECIAL MEETING
DATE: Tuesday, September 11, 2018 TIME: 6:00 PM
PLACE: Intracoastal Park Clubhouse, 2240 N. Federal Highway
1. AGENDA ITEMS
A. Call to Order - Mayor Steven B. Grant
I nvocation
Pledge of Allegiance to the Flag led by Commissioner Katz
Roll Call
Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
B. PROPOSED RESOLUTION NO. R18-127- Conduct a Public Hearing to adopt the Final
Assessment Resolution for the FY 2018-2019 Fire Assessment.
C. PROPOSED ORDINANCE NO. 18-023 - FIRST READING -Approve NE 1st Avenue
Abandonment (ABAN 18-003) abandoning the improved 45 foot wide right-of-way running east/
west from NE 1St Street, for a distance of approximately 588.02' feet, to Seacrest Boulevard.
Applicant: City of Boynton Beach
2. ADJOURN
The Board may only conduct public business after a quorum has been established. If
no quorum is established within twenty minutes of the noticed start time of the meeting
the City Clerk of her designee will so note the failure to establish a quorum and the
meeting shall be concluded. Board members may not participate further even when
purportedly acting in an informal capacity.
NOTICE
NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING,
HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH
PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES
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WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL
OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE,
PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE
CITY CLERK'S OFFICE, (561) 742-6060 OR (TTY) 1-800-955-8771, AT LEAST 48
HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO
REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS
MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE
CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA
AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM
THE OFFICE OF THE CITY CLERK.
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1.A.
AGENDA ITEMS
9/11/2018
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
REQUESTED ACTION BY COMMISSION:
Call to Order- Mayor Steven B. Grant
I nvocation
Pledge of Allegiance to the Flag led by Commissioner Katz
Roll Call
Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
EXPLANATION OF REQUEST:
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
FISCAL IMPACT:
ALTERNATIVES:
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION:
CLIMATE ACTION DISCUSSION:
Is this a grant?
Grant Amount:
Page 3 of 43
1.B.
AGENDA ITEMS
9/11/2018
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-127- Conduct a
Public Hearing to adopt the Final Assessment Resolution for the FY 2018-2019 Fire Assessment.
EXPLANATION OF REQUEST:
On July 17, 2018, the City Commission adopted Resolution No. R18-096 to continue the Fire Assessment
Program for FY 2018-2019.
On August 21, 2018, the City published a "Notice of Hearing to Impose and Provide for Collection of Fire
Rescue Special Assessments" in the Palm Beach Post. In addition, the City had a statutorily required Notice
to Property Owner mailed to affected property owners by first class mail. In addition, the Palm Beach County
Property Appraiser's Office mailed TRIM notices informing all property owners of the assessment via their
proposed property tax bill. All notices provided the time, date and place of this Hearing that the Commission
would consider the adoption of the Final Assessment Resolution.
The proposed Assessment for residential property owners is $120.00 annually per dwelling unit. This remains
unchanged from the previous year.
The City Commission recognizes that the Assessment may create a hardship on certain residential property
owners in the City. Therefore, the Final Rate Resolution provides a means whereby property owners may
request H.E.L.P. (Hardship Extension Loan Program) for a total or partial waiver through an application
review process. A copy of the application and criteria is attached. Notice of the Hardship Extension Loan
Program (H.E.L.P.)was also uploaded to the City's website.
In addition, the Resolution provides for a Mobile Home Park Vacancy Adjustment whereby
vacancies result in the absence of structures on unoccupied spaces as compared to other
residential properties and lack demand for Fire Rescue services for unoccupied spaces which
lack structures.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Fire Assessment provides
only partial funding to the total Fire Department in order to maintain its excellent response time.
It does not provide funding for EMS services. Only Fire Rescue services are allowed under
Florida Statutes.
FISCAL IMPACT:
For Fiscal Year 2018-19, the estimated gross Fire Rescue Assessed cost is $8,205,584 reduced to a net
realized assessment of$7,150,936 after excluding tax exempt properties.
The net realized Fire Assessment of $7,150,936 would equal an increase to the ad valorem property tax rate
of 1.5550 to raise the same amount of revenue to the City.
The Fire Rescue Assessments to be assessed and apportioned among benefitted property parcels follow.
Proposed FY 18/19:
Property Use Category Rate Per Dwelling Unit
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Residential $120.00
Non-Residential Property Use Categories Rate Per Square Foot(')
Commercial $0.27
Industrial/Warehouse $0.06
Institutional $0.30
Nursing Home $0.30
(')There is a maArnum of 77,001 square foot cap on non-residential buildings.
Current FY 17/18:
Property Use Category Rate Per Dwelling Unit
Residential $120.00
Non-Residential Property Use Categories Rate Per Square Foot(')
Commercial $0.27
Industrial/Warehouse $0.06
Institutional $0.30
Nursing Home $0.30
(')There is a maArnum of 77,001 square foot cap on non-residential buildings.
The above rates for FY 18/19 only assess approximately 59% of the eligible Fire Rescue costs after excluding
EMS costs of the Fire Department. If they were assessed at 100% of the eligible costs, the rates would be
$202.00 per dwelling unit and approximately twice the square footage rates for commercial property.
ALTERNATIVES:
1. Approve the proposed assessment levels. ($120.00 per dwelling unit, etc.)
2. Approve an alternate assessment level with proportional adjustments to the Fire Department non-EMS
budget (the assessment rates may be lowed, but not increased, from the proposed rates).
3. Not approve the Fire Assessment with proportional consequences to above
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION:
Is this a grant? No
Grant Amount:
ATTACHMENTS:
Type Description
Resolution F ire Assessment Reso
Attachment Hardship Application
Attachment Proof of Publication
Attachment Affidavit of Mailing
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1
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5 CITY OF BOYNTON BEACH, FLORIDA
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12 ANNUAL ASSESSMENT RESOLUTION
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14
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17
18 ADOPTED SEPTEMBER 11, 2018
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21
100250088.1 306-90018211
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22 RESOLUTION NO. R18-
23 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
24 RELATING TO THE PROVISION OF FIRE RESCUE SERVICES,
25 FACILITIES, AND PROGRAMS IN THE CITY OF BOYNTON
26 BEACH, FLORIDA; IMPOSING FIRE RESCUE ASSESSMENTS
27 AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY
28 FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018;
29 APPROVING THE RATE OF ASSESSMENT; APPROVING THE
30 ASSESSMENT ROLL; CONFIRMING AND CONTINUING A
31 PROCEDURE FOR HARDSHIP WAIVERS OR DEFERRALS OF
32 ALL OR PART OF THE CITY'S FIRE RESCUE SPECIAL
33 ASSESSMENT INCLUDING APPLICATION AND REVIEW BY THE
34 CITY'S FINANCE DIRECTOR OR DESIGNEE, AND ELIGIBILITY
35 CRITERIA FOR SUCH WAIVERS; PROVIDING FOR CONFLICTS;
36 PROVIDING FOR SEVERABILITY; AND PROVIDING AN
37 EFFECTIVE DATE.
38
39 WHEREAS, the City Commission of Boynton Beach, Florida (the "City
40 Commission"), has enacted Ordinance No. 08-017 (the "Ordinance"), which authorizes the
41 imposition of Fire Rescue Assessments each Fiscal Year for the fire rescue services,
42 facilities, and programs against Assessed Property located within the City; and
43 WHEREAS, the imposition of a Fire Rescue Assessment for fire rescue services,
44 facilities, and programs each fiscal year is an equitable and efficient method of allocating
45 and apportioning the Fire Rescue Assessed Cost among parcels of Assessed Property; and
46 WHEREAS, the City Commission desires to continue a Fire Rescue Assessment
47 program and impose a Fire Rescue Assessment in the City using the procedures provided by
48 the Ordinance, including the tax bill collection method, for the Fiscal Year beginning on
49 October 1, 2018; and
50 WHEREAS, the City Commission, on July 1, 2008, adopted Resolution
51 No. R08-076 (the "Initial Assessment Resolution"); and
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52 WHEREAS, the City Commission, on July 17, 2018, adopted Resolution No. R18-
53 096 (the "Preliminary Assessment Resolution"), which set forth the preliminary assessment
54 rates for Fiscal Year 2018-19, and which contains and references a brief and general
55 description of the fire rescue services, facilities, and programs to be provided to Assessed
56 Property; describes the method of apportioning the Fire Rescue Assessed Cost to compute
57 the Fire Rescue Assessment for fire rescue services, facilities, and programs against
58 Assessed Property; confirmed the rates of assessment; and directs the updating and
59 preparation of the Assessment Roll and provision of the notice required by the Ordinance;
60 and
61 WHEREAS, in order to impose Fire Rescue Assessments for the Fiscal Year
62 beginning October 1, 2018, the Ordinance requires the City Commission to adopt an Annual
63 Rate Assessment Resolution, which confirms and establishes the rates of assessment, and
64 approves the Assessment Roll for the upcoming Fiscal Year, with such amendments as the
65 City Commission deems appropriate, after hearing comments and objections of all
66 interested parties; and
67 WHEREAS, the Assessment Roll has heretofore been made available for
68 inspection by the public, as required by the Ordinance; and
69 WHEREAS, notice of a public hearing has been published and mailed, as required
70 by the terms of the Ordinance. An Affidavit of Mailing is attached hereto as Appendix A
71 and the Proof of Publication is attached hereto as Appendix B; and
72 WHEREAS, the City Commission recognizes that the special assessment may
73 work a hardship on certain residential property owners in the City, and desires to continue
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74 to provide a means whereby affected property owners may request a total or partial waiver
75 of the special assessment for hardship; and
76 WHEREAS, a public hearing was held on September 11, 2018, and comments and
77 objections of all interested persons have been heard and considered as required by the terms
78 of the Ordinance.
79 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
80 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
81
82 SECTION 1. AUTHORITY. This resolution is adopted pursuant to Ordinance
83 No. 08-017; Resolution No. R08-076; Resolution No. R18-096; Article VIII, Section 2,
84 Florida Constitution; Sections 166.021 and 166.041, Florida Statutes; and other applicable
85 provisions of law.
86 SECTION 2. DEFINITIONS AND INTERPRETATION. This resolution
87 constitutes the Annual Rate Resolution as defined in the Ordinance. All capitalized words
88 and terms not otherwise defined herein shall have the meanings set forth in the Ordinance,
89 the Initial Assessment Resolution and the Preliminary Assessment Resolution.
90 SECTION 3. IMPOSITION OF FIRE RESCUE ASSESSMENTS.
91 (A) The parcels of Assessed Property described in the Assessment Roll, which
92 is hereby approved, are hereby found to be specially benefited by the provision of the fire
93 rescue services, facilities, and programs described or referenced in the Preliminary
94 Assessment Resolution, in the amount of the Fire Rescue Assessment set forth in the
95 Assessment Roll, a copy of which was present or available for inspection at the above
96 referenced public hearing and is incorporated herein by reference. It is hereby ascertained,
97 determined, and declared that each parcel of Assessed Property within the City will be
98 specially benefited by the City's provision of fire rescue services, facilities, and programs in
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99 an amount not less than the Fire Rescue Assessment for such parcel, computed in the
100 manner set forth in the Preliminary Assessment Resolution. Adoption of this Annual Rate
101 Resolution constitutes a legislative determination that all parcels assessed derive a special
102 benefit in a manner consistent with the legislative declarations, determinations and findings
103 as set forth in the Ordinance, the Preliminary Assessment Resolution, and this Annual Rate
104 Resolution from the fire rescue services, facilities, or programs to be provided and a
105 legislative determination that the Fire Rescue Assessments are fairly and reasonably
106 apportioned among the properties that receive the special benefit as set forth in the
107 Preliminary Assessment Resolution.
108 (B) The method for computing Fire Rescue Assessments described and
109 referenced in the Preliminary Assessment Resolution is hereby approved. The Parcel
110 Apportionment methodology described in Appendix F of the Preliminary Assessment
111 Resolution, and adopted in Section 7 of the Preliminary Assessment Resolution, is hereby
112 approved.
113 (C) For the Fiscal Year beginning October 1, 2018, the estimated net Fire
114 Rescue Assessed Cost to be assessed is $8,205,584.00. The Fire Rescue Assessments to be
115 assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and
116 Parcel Apportionment to generate the estimated Fire Rescue Assessed Cost for the Fiscal
117 Year commencing October 1, 2018, are hereby confirmed and established as follows:
Property Use Category Rate Per Dwelling Unit
Residential $120.00
Non-Residential Property Use Categories Rate Per Square Foot
Commercial $0.27
Industriat/Warehouse $0.06
Institutional $0.30
Nursing Home $0.30
118
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119 (D) The above rates of assessment are hereby approved. Fire Rescue
120 Assessments for fire rescue services, facilities, and programs in the amounts set forth in the
121 Assessment Roll, as herein approved, are hereby levied and imposed on all parcels of
122 Assessed Property described in such Assessment Roll for the Fiscal Year beginning
123 October 1, 2018.
124 (E) As authorized in Section 2.14 of the Ordinance, no Fire Rescue Assessment
125 shall be imposed upon a parcel of Government Property, except as provided in the
126 Preliminary Assessment Resolution, or upon Institutional Use buildings on a parcel of
127 Institutional Property whose building use is wholly exempt from taxation under Florida law.
128 (F) Any shortfall in the expected Fire Rescue Assessment proceeds due to any
129 reduction or exemption from payment of the Fire Rescue Assessments required by law or
130 authorized by the City Commission shall be supplemented by any legally available funds, or
131 combination of such funds, and shall not be paid for by proceeds or funds derived from the
132 Fire Rescue Assessments.
133 (G) As authorized in Section 2.13 of the Ordinance, interim Fire Rescue
134 Assessments are also levied and imposed against all property for which a Building Permit is
135 issued after adoption of this Annual Rate Resolution based upon the rates of assessment
136 approved herein.
137 (H) Fire Rescue Assessments shall constitute a lien upon the Assessed Property
138 so assessed equal in rank and dignity with the liens of all state, county, district, or municipal
139 taxes and other non-ad valorem assessments. Except as otherwise provided by law, such
140 lien shall be superior in dignity to all other liens, titles and claims, until paid.
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141 (I) The Assessment Roll, as herein approved, shall be delivered to the Tax
142 Collector for collection using the tax bill collection method in the manner prescribed by the
143 Ordinance. The Assessment Roll, as delivered to the Tax Collector, shall be accompanied
144 by a Certificate to Non-Ad Valorem Assessment Roll in substantially the form attached
145 hereto as Appendix C.
146 (J) No Emergency Medical Services shall be funded from the Fire Rescue
147 Assessment revenues.
148 SECTION 4. CONFIRMATION OF PRELIMINARY ASSESSMENT
149 RESOLUTION. The Preliminary Assessment Resolution is hereby confirmed.
150 SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. The adoption of
151 this Annual Rate Resolution shall be the final adjudication of the issues presented
152 (including, but not limited to, the determination of special benefit and fair apportionment to
153 the Assessed Property, the method of apportionment and assessment, the rate of assessment,
154 the Assessment Roll and the levy and lien of the Fire Rescue Assessments), unless proper
155 steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days
156 from the date of this Annual Rate Resolution.
157 SECTION 6. HARDSHIP WAIVERS OR DEFERRALS.
158 (A) The City Commission of the City of Boynton Beach, Florida hereby
159 continues its program for qualified individuals who need financial assistance to pay all or
160 part of the Fire Rescue Assessment levied on their property or who seek deferral of payment
161 of all or part of the Fire Rescue Assessment on their property.
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162 (B) The City's program for financial assistance shall be commonly referred to
163 as H.E.L.P., Hardship Extension Loan Program. The following types of financial assistance
164 are available, based upon need:
165 1. Relief from all payments of an annual Fire Rescue Assessment.
166 2. Relief from a portion of payments of an annual Fire Rescue
167 Assessment.
168
169 3. Deferral of payments of an annual Fire Rescue Assessment.
170 4. Deferral of a portion of payments of an annual Fire Rescue
171 Assessment.
172
173 (C) The following individuals are eligible for financial assistance.
174 1. Residential Property Owners who meet 2018 HHS Poverty
175 Guidelines.
176
177 2. Residential property owners that are exempt from ad valorem
178 taxation pursuant to the following Florida Statutes are eligible to
179 apply for a Hardship Waiver or Deferral:
180
181 a. Section 196.081, Florida Statutes (totally disabled veterans
182 and surviving spouses of veterans);
183
184 b. Section 196.081, Florida Statutes (surviving spouses of first
185 responders who died in the line of duty);
186 C. Section 196.091, Florida Statutes (disabled veterans confined
187 to wheelchairs);
188
189 d. Section 196.101, Florida Statutes (totally and permanently
190 disabled persons);
191
192 e. Section 196.102, Florida Statutes (totally and permanently
193 disabled first responders).
194
195 3. Residential Property Owners that qualify for the additional
196 homestead exemption for persons 65 and over authorized pursuant
197 to Section 196.075, Florida Statutes are also eligible to apply for the
198 Hardship Waiver.
199
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200 4. Residential Property Owners that are qualified under the Florida
201 Homestead Property Tax Deferral Act, Section 197.242, et al.,
202 Florida Statutes.
203
204 (D) Eligible Residential Property Owners may submit an application for a
205 Hardship Waiver or Deferral, on a form prepared by the City, with the Finance Department.
206 The Application shall include the following:
207 1. Documentation demonstrating eligibility for the Hardship Waiver or
208 Deferral through one of the criteria from exemptions listed in
209 Section C above;
210
211 2. A copy of the Tax Bill for the subject property;
212 3. Description of the facts and circumstances of the hardship.
213 (E) All Applications for the Hardship Waiver or Deferral must be received by
214 the City's Finance Department on or before October 18, 2018.
215 (F) Once received, all applications shall be reviewed by the City's Finance
216 Director, or his or her designee ("Reviewing Official"). The Reviewing Official shall
217 review the facts and circumstances to determine whether a hardship exists to warrant a
218 partial or total waiver of the special assessment levied upon the applicant's real property or
219 a deferral of payment of such. The decision of the Reviewing Official is final.
220 (G) The Reviewing Official shall render a written decision and provide such to
221 the applicant.
222 (H) If a partial or total waiver or deferral is granted by the Reviewing Official,
223 the Finance Director shall ensure appropriate documentation is provided to the Tax
224 Collector as to the revised amount of the assessment as to the applicant.
225 (I) An applicant may apply for a Hardship Waiver as to one property only.
226 (J) An applicant must apply for the Hardship Waiver on an annual basis.
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227 (K) A deferral may be granted for no longer than the end of the then current
228 fiscal year.
229 (L) When financial assistance is granted pursuant to the H.E.L.P. program, any
230 shortfall in the expected Fire Rescue Assessment proceeds due to any reduction or
231 exemption from payment of the Fire Rescue Assessments authorized by this Section shall
232 be supplemented by any legally available funds, or combination of such funds, and shall not
233 be paid for by proceeds or funds derived from the Fire Rescue Assessments.
234 SECTION 7. MOBILE HOME VACANCY ADJUSTMENT. As authorized in
235 Section 5(L) of the Preliminary Rate Resolution, there shall be a Mobile Home Vacancy
236 Adjustment procedure for Mobile Home and Recreational Vehicle Park Property, using the
237 procedures established in Resolution R11-089. Any shortfall in the expected Fire Rescue
238 Assessment proceeds due to any adjustment for vacancy shall be supplemented by any
239 legally available funds and shall not be paid for by proceeds or funds derived from Fire
240 Rescue Assessments. Failure of the Owner to timely provide the information to the City
241 will result in no Vacancy Adjustment for the special assessment.
242 SECTION 8. CONFLICTS. All resolutions or parts of resolutions in conflict
243 herewith are hereby repealed to the extent of such conflict.
244 SECTION 9. SEVERABILITY. If any clause, section, other part or application
245 of this resolution is held by any Court of competent jurisdiction to be unconstitutional or
246 invalid, in part or application, it shall not affect the validity of the remaining portions or
247 applications of this Resolution.
248 SECTION 10. EFFECTIVE DATE. This Resolution shall become effective
249 immediately upon its passage and adoption.
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250 PASSED AND ADOPTED this day of September, 2018.
251 CITY OF BOYNTON BEACH, FLORIDA
252
253 YES NO
254 Mayor—Steven B. Grant
255
256 Vice Mayor—Christina Romelus
257
258 Commissioner—Mack McCray
259
260 Commissioner—Justin Katz
261
262 Commissioner—Joe Casello
263
264 ATTEST:
265
266
267
268 Judith A. Pyle, CMC
269 City Clerk
270
271
272 (Corporate Seal)
273
274
275
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277
APPENDIX A
AFFIDAVIT OF MAILING
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APPENDIX B
PROOF OF PUBLICATION
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APPENDIX C
FORM OF CERTIFICATE
TO
NON-AD VALOREM ASSESSMENT ROLL
CERTIFICATE
TO
NON-AD VALOREM ASSESSMENT ROLL
I HEREBY CERTIFY that I am the Mayor of the City of Boynton Beach, or authorized
agent of the City of Boynton Beach, Florida (the "City"); as such, I have satisfied myself that all
property included or includable on the non-ad valorem assessment roll for fire rescue services
(the "Non-Ad Valorem Assessment Roll") for the City is properly assessed so far as I have been
able to ascertain; and that all required extensions on the above-described roll to show the non-ad
valorem assessments attributable to the property listed therein have been made pursuant to law.
I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection
Act, this certificate and the herein described Non-Ad Valorem Assessment Roll will be delivered
to the Palm Beach County Tax Collector by September 15, 2018.
IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be
delivered to the Palm Beach County Tax Collector and made part of the above described Non-Ad
Valorem Assessment Roll, this day of , 2018.
CITY OF BOYNTON BEACH, FLORIDA
BY:
TITLE:
[To be delivered to Palm Beach County Tax Collector by September 15]
100250088.1 306-90018211
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City of Boynton Beach, Florida
Fire Assessment Application for Determination of Eligibility for H.E.L.P.
FISCAL YEAR 2018-2019
APPLICATION DEADLINE OCTOBER 18, 2018
NAME:
(LAST) (FIRST)
TELEPHONE #
ADDRESS:
(STREET) (CITY) (STATE) (ZIP)
FOR EACH PERSON WHO RESIDES WITH YOU AT THE ABOVE ADDRESS, LIST THEIR NAME, AGE AND
RELATIONSHIP TO YOU BELOW OR ON AN ATTACHED SHEET, IF NEEDED:
(NAME) (AGE) (RELATIONSHIP)
(NAME) (AGE) (RELATIONSHIP)
I CERTIFY THAT I AM A RESIDENTIAL PROPERTY OWNER AND I MEET ONE (1) OF THE CRITERIA CHECKED
IN THE BOX BELOW FOR WHICH I AM REQUESTING ELIGIBILITY FOR H.E.L.P.
(Provide a copy of your 2018 Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments)
(PLEASE CHECK THE APPROPRIATE BOX FOR WHICH YOU ARE REQUESTING ELIGIBILITY FOR H.E.L.P.)
❑ I qualify for the additional homestead exemption for persons 65 and over as noted on the attached
Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments authorized pursuant to Florida
Statutes Section 196.075.
❑ I qualify for the Florida Homestead Property Tax Deferral Act as noted on the attached Notice of Ad
Valorem Taxes and Non-Ad Valorem Assessments authorized pursuant to Section 197.242, et al.,
Florida Statutes
❑ I am a totally disabled veteran or the surviving spouse of a totally disabled veteran AND I am exempt
from ad valorem taxes pursuant to Florida Statutes Section 196.081.
(Provide copy of disability letter from the government or a physician)
❑ I am a surviving spouse of first responder who died in the line of duty AND I am exempt from ad
valorem taxes pursuant to Florida Statutes Section 196.081.
(Provide copy of disability letter from the government or a physician)
❑ I am a disabled veteran confined to a wheelchair AND I am exempt from ad valorem taxes pursuant to
Florida Statutes Section 196.091.
(Provide copy of disability letter from the government or a physician)
❑ I am permanently and totally disabled AND I am exempt from ad valorem taxes pursuant to Florida
Statutes Section 196.101.
(Provide copy of disability letter from the government or a physician)
❑ I am permanently and totally disabled first responder AND I am exempt from ad valorem taxes
pursuant to Florida Statutes Section 196.102.
(Provide copy of disability letter from the government or a physician)
❑ I meet the U.S. Department of Health & Human Services (HHS) Poverty Guidelines listed on Page 2
of this Application.
(Provide a copy of your last two (2) years (2016 & 2017) Federal Income Tax Returns -AGI)
OR IF YOU DID NOT FILE INCOME TAXES FOR THE PAST(2) YEARS
(Provide a copy of your last three (3) months bank and investment statements for all accounts)
NOTE: The City may require additional information to determine eligibility.
(Please complete and sign Page 2 of this Application) Page 20 of 43
Fire Assessment Application for Determination of Eligibility for H.E.L.P.
Page 2
Please explain the financial hardship that makes it difficult or impossible for you to pay this year's
Fire Assessment Amount as levied on the attached Notice from Palm Beach County.
Under penalty of perjury, I hereby swear or affirm that the information I am submitting is true, complete and
correct in order to determine my eligibility for H.E.L.P.
Applicant's signature Date
DETERMINING IF YOU MEET HHS POVERTY GUIDELINES
2018 HHS Poverty Guidelines PLEASE NOTE WHAT INCOME TO INCLUDE
Size of Poverty Income used to calculate if you meet poverty
Family Unit Guideline level status includes the following sources:
1 $ 12,140
2 $ 16,640 Wages, unemployment compensation, Social
3 $ 20,780 Security, Supplemental Social Security
4 $ 25,100 Income, public assistance, veterans'
5 $ 29,420 payments, survivor benefits, pension or
6 $ 33,740 retirement income, interest, dividends, rents,
7 $ 38,060 royalties, income from estates, trust,
8 $ 42,380
For each additional erson, add $ 4,320 educational assistance, alimony, child support,
Source: Federal Register, Vol. 83, No. 12, assistance from outside the household, and
January 18, 2018, pp. 2642-2644 other miscellaneous sources.
CITY REVIEW PROCESS:
➢ Applicant submits application to City of Boynton Beach, Financial Services Department, P.O. Box 310,
Boynton Beach FL 33425-0310 delivered no later than October 18, 2018
➢ The Hardship Waiver will be reviewed by the City's Finance Director or his or her designee (Reviewing
Official).
➢ Once the Reviewing Official makes a determination, the applicant will be notified in writing of the
Reviewing Official's decision. The decision of the Reviewing Official is final.
PLEASE SIGN AND RETURN THIS COMPLETED APPLICATION, ALONG WITH YOUR 2018 TAX
NOTICE FROM PALM BEACH COUNTY AND THE REQUIRED DOCUMENTATION FOR THE BOX
CHECKED ON PAGE 1 OF THIS APPLICATION TO:
City of Boynton Beach
Financial Services Department
P.O. Box 310
Boynton Beach, FL 33425-0310
(561) 742-6310
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r1ml
i ne Pahn Beach Fbst
Palm Beach it Newscieabar
All 10. �1 8
PROOF OF
PUBLICATION
STATE OF FLORIDA
PUBLIC NOTICE
Before the undersigned authority, personally appeared Tiffani Everett,who on oath, says that
he/she is a Legal Advertising Representative of The Palm Beach Post, a daily and Sunday
newspaper, published in West Palm Beach and distributed in Palm Beach County, Martin County,
and St. Lucie County, Florida; that the attached copy of advertising for a P-Main Legal ROP was
published in said newspaper on: first date of Publication 08/21/2018 and last date of Publication
08121/2018. Affiant further says that the said The Palm Beach Post is a newspaper published in
West Palm Beach, in said Palm Beach County, Florida and that the said newspaper has
heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday
and has been entered as second class mail matter at the post office in West Palm Beach, in said
Palm Beach County, Florida, for a period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he/she has neither paid nor
promised any person, firm or corporation any discount, rebate, commission or refund for the
purpose of securing this advertisement for publication in said newspaper.
BOYNTON EACH, CITY OF
100 E BOYNTON BEACH BLVD
BOYNTON BEACH, FL 33435-3838
Invoice/Order Number: 0000410241
Ad Cost: $1,575.00
Paid: $0.00
Balance Due: $1,575.00
Signed
(Legal Kd0ekising Agent)
Sworn or affirmed to,and subscribed before me,this 22nd day ofqu.
Au st 2018 in Testimony whereof, I have hereunto set my
_
hand and affixed my official seal,the day and year afbresaig�jj M 11floll
I'At
X9
ANNERY
tV -
E F L
Signed
U000
S-FA"f E OF it
Pleases Ad on following page(s). o rn rri. E x P i
Page 1 of 3
Page 22 of 43
BOYNTON BEACH;CITY OF
100 E BOYNTON BEACH BLVD
BOYNTON BEACH,FL 33435-3838
I nvoicatOrder Number., 0000410241
Ad Cost: $1,575.00
Paid: $0.00
Balance Due: $1,575.00
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COI1JECnON OF FIRE
RESCUE SPECIAL ASSESSMENTS
Wice is hereby 91"a that Rho City Comm loshen*I lhe 01V of BW100
Beach will conduct a public horning in cansider[he impasilim of arratal
firer special assessments for the provision of ire rescue semi
vAWn she municipal boundaries of Rise Cily of Sculmlon Beack
The Fearing will he hold ro 6.00 p.rr„or,September 11,2018,at
As Inlracocaust PGA CluWL48,2240 North Fe&rul Highwair,Boynton
Bssad% Florida 33435,her live purpose of reassivaRg Public Comment
w the prairceed musiasmena. Ataftwied irraperliowesse have a
rgill ID appear as the hearina and in Mrs wei#m ectinas wM she
City Commisslar vAkn 20 days of this norice.I a person dauddes b
appeal *q 4whes Made by the City coffirol"lon vath vespea 10
any nease considered at the hearing,rush person w-31 need a record
of As surcorsed'ags and may need 4P ensure hot a warballm and is
moda, Including the losfor"and v0dona upon which Ae appeal
4 b be Including
In so rine m9th the Americans with Dis*tsilifios
Acl, penteas Aeed'nq a special ocicorniadalices or an interpreter to
sawfidicals is this proceeding should conlad The Cily Clan's(Ace at
156117424060,al Joan three days prior to she data of the hearing
The aisessensra for each parci of Ixopent,will be based upon each
poorsel'i clancificallon and he lahal nvmber of billing urns Glivibmwd Iss
star ponnil,The proposed hire mrseve isnassmeo schodulis,(6r Fiscal Ye*r
2018-2019 is as fo&r".
I �*h VAI
$120.00
Noft9WdmQPi*pw1yUs&C* io Ill For$quam Foot
$0,27
Indolviol/Warehouse
InsfiluNMI $030
t.MCI
Copies of the Nor Rescue Assessment Ord;nanco,the Initial As enc
lersolulico, he Preliminary Rate lissahMn ark 16 poilminuty
asset wohl toll*To milable for ins ion 42 the COV Cle&'s Are,
carmfly lacalad at 100 tag Balisslar.Reach Boulevard."nian Beach,
rdo.Note 4nal*a City Clarks 09ce is scheduled to relocate an of
aboit Auglast 26,2018,to 3301 Quantum Saul rd,Basefloo beach,
FbTWP.It you wish N eopect ilraso JocsonrnI6,it is remunwduci that
you call the Ccbr Ci "s 011foo x15617 In ad4mee in srunfircr
she kralim of the City Clerk's,Ofice an the data you wish to inspect.
The firo rosew awad volofem a. gent will be WIrcred on thus
ad vaWent tax bill to be mailed in November 2018.Failure to pay the
onessrurnis W!Cause a Ras oRclificale 10 be 11seed againsill"property,
which may result in a loss of fllhs,
0 you have any ques4ions,plearse contact 6&Finance Department
at 061) 742-631D, Monday I Fri d* busha 8:00 c.m
and 5,00 se ria,
CITY MIRWIN11%SM
Page 2 of 3
Page 23 of 43
.w awa4 Y7Yo,ww.,w�.�
(BY OF WVWON
Page 3 of 3
Page 24 of 43
AFFIDAVIT OF MAILING
BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere
and Tammy Peters, who, after being duly sworn, depose and say:
1. Lori LaVerriere, as City Manager of the City of Boynton Beach, Florida
("City"), pursuant to the authority and direction received from the City Commission,
timely directed the preparation of the Assessment Roll and the preparation, mailing, and
publication of notices in accordance with Sections 2.03, 2.04, and 2.05 of Ordinance
No. 08-071, the Fire Rescue Assessment Ordinance (the "Assessment Ordinance") in
conformance with the Preliminary Rate Resolution adopted by the City Commission on
July 17, 2018 (the "Preliminary Rate Resolution") .
2. In accordance with the Assessment Ordinance and Chapter 92-264, Laws
of Florida, as amended by Chapter 2003-348, Laws of Florida (collectively, the "Special
Act"), Ms. LaVerriere timely provided all necessary information for notification of the Fire
Rescue Assessment to the Property Appraiser of Palm Beach County to be included as
part of the notice of proposed property taxes under section 200.069, Florida Statutes,
the truth-in-millage notification. The information provided to the Property Appraiser to
be included on the truth-in-millage notification included the following: the Fire Rescue
Assessment rate expressed in dollars and cents per billing unit, the associated Fire
Rescue Assessment amount, and the purpose of the Fire Rescue Assessment.
3. Because the assessment was being levied against newly affected property
owners for the first time for Fiscal Year 2018-19, additional notice by first class mail to
the Owner of each newly affected parcel of Assessed Property was also required by the
Assessment Ordinance and the Special Act.
Page 25 of 43
4. Tammy Peters is the Office Manager for GSG. GSG has caused the
additional mailed notices required by Section 2.05 of the Assessment Ordinance to be
prepared in conformance with the Preliminary Rate Resolution. An exemplary form of
such notice is attached hereto. GSG has caused such individual notices for each
affected property owner to be prepared and each notice included the following
information: the purpose of the assessment; the total amount proposed to be levied
against each parcel; the unit of measurement to be applied against each parcel to
determine the assessment; the number of such units contained within each parcel; the
total revenue the City expects to collect by the assessment; a statement that failure to
pay the assessment will cause a tax certificate to be issued against the property which
may result in a loss of title; a statement that all affected property owners have a right to
appear at the hearing and to file written objections with the local governing board within
20 days of the notice; and the date, time, and place of the hearing.
5. On or before August 21, 2018, GSG caused the mailing of the above-
referenced notices in accordance with Sections 2.05 of the Assessment Ordinance and
the Preliminary Rate Resolution by First Class Mail to each affected owner, at the
addresses then shown on the real property assessment tax roll database maintained by
the Palm Beach County Property Appraiser for the purpose of the collection of ad
valorem taxes.
FURTHER AFFIANTS SAYETH NOT.
Lor -averriere, affiant f
a my Peters, ffa
Page 26 of 43
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing Affidavit of Mailing was sworn to and subscribed before me this
day of Ck_ 2018 by Lori LaVerriere, City Manager, City of Boynton
Beach, Florida. Sbeonally known to me or has produced as
identification and did take an oath.
Printed Name/ 'drtimy L io%
X
T/4 Y L STA LONENotary Public, State of Florida
MY COMMISSION N FF213N3 At Large
y p.EXPIRES March 25.2019M Commission Ex ares13
�°; Commission No : -
STATE OF FLORIDA
COUNTY OF LEON
The foregoing Affidavit of Mailing was sworn to and subscribed before me this
OVA day of L - 2018 by Tammy Peter =O-' M, nager, Government
Services Group, Inc a Florida corporation. She ' ersonally knoWv to me or has
produced _ as identification and did take an otft
Printed Name:
Notary Public, State of Florida
At Large
My Commission Expires: v "
Commission No.: ( _
"..., SARAH ION BLALOCK
Commission#GG 109172
Expires May 30,2021
°F, °�.�' B=W Thru Tmy Fain karom 8003857019
Page 27 of 43
City of Boynton Beach
P.O.Box 310 CITY OF BOYNTON BEACH, FLORIDA
Boynton Beach, FL 33425-0310
NOTICE OF HEARING TO IMPOSE AND PROVIDE
FOR COLLECTION OF FIRE RESCUE
NON-AD VALOREM ASSESSMENTS
NOTICE DATE: AUGUST 21,2018
LUCHEY ANDREW JR& Parcel Tax ID: 08434533000001090
LUCHEY GAIL Sequence Number: BBF-0015
8517 ESTATES DR Legal: 33-45-43,W 60 FT OF E 500 FT
WEST PALM BEACH FL 33411-6537 OF N
*****NOTICE TO PROPERTY OWNER*****
As required by Section 197.3632, Florida Statutes,and City Ordinance No.08-017 notice is given by the City of Boynton Beach that an
annual assessment for fire rescue services using the tax bill collection method,may be levied on your property for the fiscal year
October 1,2018-September 30,2019. The City has levied a fire rescue special assessment since 2001 pursuant to Ordinance No.01-
34,as amended,which Ordinance sunset on September 30,2008.The City then adopted Ordinance No.08-017 to provide for
reenactment of the fire rescue special assessment within the City commencing with the 2008-2009 fiscal year.The purpose of this
assessment is to fund fire rescue services benefiting improved property located within the City of Boynton Beach.The total annual fire
rescue assessment revenue to be collected within the City of Boynton Beach is estimated to be$8,205,584.The annual fire rescue
assessment is based on the classification of each parcel of property and number of billing units contained therein.
Fiscal Year 18-19
Category Type and Number of Billing Units Assessment
Residential Building 5 Dwelling Units $600.00
__ .. ........... w_
Total Assessment $600.00
The maximum annual fire rescue services assessment that can be imposed without further notice for the above parcel for Fiscal Year
2018-19 and future fiscal years is $600.00.
A public hearing will be held at 6:00 p.m.on September 11,2018,at the Intracoastal Park Clubhouse,2240 N Federal Highway, Boynton
Beach, Florida for the purpose of receiving public comment on the proposed assessments. You and all other affected property owners
have a right to appear at the hearing and to file written objections with the City Commission within 20 days of this notice. If you decide to
appeal any decision made by the City Commission with respect to any matter considered at the hearing,you will need a record of the
proceedings and may need to ensure that a verbatim record is made,including the testimony and evidence upon which the appeal is to
be made. In accordance with the Americans with Disabilities Act,persons needing a special accommodation or an interpreter to
participate in this proceeding should contact the City Clerk's office at(561)742-6060,at least three days prior to the date of the hearing.
Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Commission
action at the above hearing(including the method of apportionment,the rate of assessment and the imposition of assessments),such
action shall be the final adjudication of the issues presented.
Copies of the Fire Rescue Assessment Ordinance,the Initial Assessment Resolution,the Preliminary Rate Resolution,and the
preliminary assessment roll are available for inspection at the City Clerk's office, currently located at 100 East Boynton Beach Boulevard,
Boynton Beach, Florida. Note that the City Clerk's Office is scheduled to relocate on or about August 26,2018,to 3301 Quantum
Boulevard, Boynton Beach, Florida, 33426. If you wish to inspect these documents,it is recommended that you call the City Clerk's
Office at(561)742-6060 in advance to confirm the location of the City Clerk's Office on the date you wish to inspect.
Pursuant to Chapter 92-264, Laws of Florida,as amended by Chapter 2003-348, Laws of Florida,a special act relating to the County,
notice of the fire rescue assessment imposed by the City shall also be included by the Property Appraiser as part of the notice of
proposed property taxes under Section 200.069, Florida Statutes,the truth-in-millage notification.
Both the fire rescue non-ad valorem assessment amount shown on this notice and the ad valorem taxes for the above parcel will be
collected on the ad valorem tax bill mailed in November. Failure to pay the assessments will cause a tax certificate to be issued against
the property which may result in a loss of title.
If there is a mistake on this notice, it will be corrected. If you have any questions regarding your fire rescue service assessment, please
contact the Finance Department at(561)742-6310, Monday through Friday between 8:00 a.m.and 5:00 p.m.
*****THIS IS NOTA BILL*****
Page 28 of 43
1.C.
AGENDA ITEMS
9/11/2018
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
REQUESTED ACTION BY COMMISSION:
PROPOSED ORDINANCE NO. 18-023 - FIRST READING -Approve NE 1st Avenue Abandonment
(ABAN 18-003) abandoning the improved 45 foot wide right-of-way running east/west from NE 1St Street,
for a distance of approximately 588.02'feet, to Seacrest Boulevard. Applicant: City of Boynton Beach
EXPLANATION OF REQUEST: Request for abandonment of the improved 45 foot wide right-of-way
running east/west from NE 1St Street, for a distance of approximately 588.02'feet, to Seacrest Boulevard
(ABAN 18-003). See accompanying staff report and attachments for additional explanation of this Town
Square-related application. Applicant: City of Boynton Beach.
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
N/A
FISCAL IMPACT: The abandonment of NE 1 Avenue will allow ultimate development of such property and a
portion of said property to be added to the tax roll.
ALTERNATIVES: None recommended.
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION: N/A
CLIMATE ACTION:
CLIMATE ACTION DISCUSSION: N/A
Is this a grant?
Grant Amount:
Page 29 of 43
ATTACHMENTS:
Type Description
D Ordinance Ordinance
D Staff Report Staff Report (ABAN 18-003)
D Location Map Exhibit A- Location Map
D Drawings Legal, Survey, & Criteria
D Letter Applicant Responce to Crieria
D Conditions of Approval Exhibit C - Conditions of Approval
Page 30 of 43
1 ORDINANCE NO. 18-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING ABANDONMENT OF A
5 PORTION OF NORTHEAST 1sT AVENUE, MORE
6 PARTICULARLY DESCRIBED HEREIN, SUBJECT TO
7 STAFF COMMENTS; AUTHORIZING THE CITY MANAGER
8 TO EXECUTE A DISCLAIMER, WHICH SHALL BE
9 RECORDED WITH THIS ORDINANCE IN THE PUBLIC
10 RECORDS OF PALM BEACH COUNTY, FLORIDA; AND
11 PROVIDING AN EFFECTIVE DATE.
12
13
14 WHEREAS, the City of Boynton Beach as Applicant, is requesting to abandon a
15 45-foot wide strip of land lying within a portion of NE 1st Avenue, subject to staff
16 comments; and
17
18 WHEREAS,comments have been solicited from the appropriate City Departments,
19 and public hearings have been held before the City's Planning & Development Board, and
20 the City Commission on the proposed abandonments; and
21
22 WHEREAS, staff has determined that the subject 45-foot wide strip of land lying
23 within a portion of NE 1st Avenue requested to be abandoned does not adversely impact
24 traffic, or affect other adjacent property owners and therefore no longer serves a public
25 purpose, and the City Commission adopts that finding.
26
27 NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF
28 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
29
30 Section 1. The foregoing Whereas clauses are true and correct and incorporated
31 herein by this reference.
32
33 Section 2. The City Commission of the City of Boynton Beach, Florida, does
34 hereby abandon a 45-foot wide strip of land lying within a portion of NE 1st Avenue, subj ect
35 to staff comments. The property being abandoned is more particularly described as follows:
36
37 A 45.00 FOOT WIDE STRIP OF LAND LYING WITHIN A PORTION OF NE 1 ST AVENUE
38 (FORMERLY KNOWN AS POINCIANA STREET) AS SHOWN ON THE PLAT OF
39 BOYNTON CENTER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
40 BOOK 8, PAGE 12 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
41 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
42 BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 OF SAID PLAT OF BOYNTON
43 CENTER; THENCE SOUTH 01022'45" EAST (AS A BASIS OF BEARINGS) ALONG THE
44 SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 2, A DISTANCE OF 45.01
45 FEET TO A POINT BEING ON THE SOUTH RIGHT OF WAY LINE OF NE 1ST AVENUE
46 (FORMERLY KNOWN AS POINCIANA STREET), SAID SOUTH LINE ALSO BEING THE
47 NORTH LINE OF LOTS 1 THOUGH 6,BLOCK 14 OF THE PLAT OF SAWYER'S ADDITION,
48 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 69 OF
49 THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH
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Page 31 of 43
50 89°44'11" WEST ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 586.97
51 FEET TO A POINT BEING ON THE EAST RIGHT OF WAY LINE OF SEACREST
52 BOULEVARD(FORMERLY KNOWN AS GREEN STREET),ACCORDING TO ROAD PLAT
53 BOOK 5,PAGE 179 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA;
54 THENCE NORTH 02043'09" WEST, A DISTANCE OF 45.04 FEET TO A POINT BEING ON
55 THE NORTH RIGHT OF WAY LINE OF NE IST STREET (FORMERLY KNOWN AS
56 POINCIANA STREET), SAID NORTH LINE ALSO BEING THE SOUTH LINE OF LOTS 2
57 AND 16 THOUGH 25, ACCORDING TO SAID PLAT OF BOYNTON CENTER; THENCE
58 NORTH 89°44'11" EAST ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF
59 588.02 FEET TO THE POINT OF BEGINNING.
60 SAID LANDS SITUATE,LYING AND BEING SECTION 28,TOWNSHIP 45 SOUTH,RANGE
61 43 EAST, CITY OF BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA.
62 CONTAINING 26,437 SQUARE FEET MORE OR LESS.
63
64 Section 3. The City Manager is hereby authorized and directed to execute the
65 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public
66 Records of Palm Beach County, Florida.
67
68 Section 4. This Ordinance shall take effect immediately upon passage.
69
70 FIRST READING this day of , 2018.
71
72 SECOND, FINAL READING AND PASSAGE this day of
73 , 2018.
74
75 CITY OF BOYNTON BEACH, FLORIDA
76 YES NO
77
78 Mayor— Steven B. Grant
79
80 Vice Mayor— Christina L. Romelus
81
82 Commissioner—Mack McCray
83
84 Commissioner—Justin Katz
85
86 Commissioner—Joe Casello
87
88
89 VOTE
90 ATTEST:
91
92
93 Judith A. Pyle, CMC
94 City Clerk
95
96 (Corporate Seal)
97
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Page 32 of 43
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that The City Commission of the City of
Boynton Beach,Florida, does hereby abandon a 45-foot wide strip of land lying within a portion
of NE 1st Avenue, subject to staff comments. The property being abandoned is more particularly
described as follows:
A 45.00 FOOT WIDE STRIP OF LAND LYING WITHIN A PORTION OF NE 1 ST AVENUE(FORMERLY
KNOWN AS POINCIANA STREET) AS SHOWN ON THE PLAT OF BOYNTON CENTER,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8,PAGE 12 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY,FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 OF SAID PLAT OF BOYNTON CENTER;
THENCE SOUTH 01022'45" EAST (AS A BASIS OF BEARINGS) ALONG THE SOUTHERLY
EXTENSION OF THE EAST LINE OF SAID LOT 2, A DISTANCE OF 45.01 FEET TO A POINT BEING
ON THE SOUTH RIGHT OF WAY LINE OF NE 1 ST AVENUE(FORMERLY KNOWN AS POINCIANA
STREET), SAID SOUTH LINE ALSO BEING THE NORTH LINE OF LOTS 1 THOUGH 6,BLOCK 14 OF
THE PLAT OF SAWYER'S ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 1, PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE SOUTH 89°44'11" WEST ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF
586.97 FEET TO A POINT BEING ON THE EAST RIGHT OF WAY LINE OF SEACREST BOULEVARD
(FORMERLY KNOWN AS GREEN STREET), ACCORDING TO ROAD PLAT BOOK 5,PAGE 179 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA; THENCE NORTH 02043'09" WEST,
A DISTANCE OF 45.04 FEET TO A POINT BEING ON THE THE NORTH RIGHT OF WAY LINE OF
NE 1ST STREET (FORMERLY KNOWN AS POINCIANA STREET), SAID NORTH LINE ALSO BEING
THE SOUTH LINE OF LOTS 2 AND 16 THOUGH 25, ACCORDING TO SAID PLAT OF BOYNTON
CENTER; THENCE NORTH 89°44'11" EAST ALONG SAID NORTH RIGHT OF WAY LINE, A
DISTANCE OF 588.02 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE,LYING AND BEING SECTION 28,TOWNSHIP 45 SOUTH,RANGE 43 EAST,
CITY OF BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA.
CONTAINING 26,437 SQUARE FEET MORE OR LESS.
IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach,
Florida, have hereunto set their hands and affixed the seal of the City this day of
, 2018.
ATTEST: CITY OF BOYNTON BEACH, FLORIDA
Judith A. Pyle, CMC Lori LaVerriere, City Manager
City Clerk
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere and
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Page 33 of 43
Judith A. Pyle, CMC, City Manager and City Clerk respectively, of the City of Boynton
Beach,Florida, known to me to be the persons described in and who executed the foregoing
instrument, and acknowledged the execution thereof to be their free hand and deed as such
officers, for the uses and purposes mentioned therein; that they affixed thereto the official
seal of said corporation; and that said instrument is the act and deed of said corporation.
WITNESS my hand and official seal in the said State and County this day of
2018.
NOTARY PUBLIC, State of Florida
My Commission Expires:
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Page 34 of 43
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 18-071
TO: Chair and Members
Planning & Development Board
FROM: Michael Rumpf
Development Director
DATE: September 7, 2018
SUBJECT: Request for abandonment of the improved 45 foot wide right-of-way running
east/west from NE 1 st Street,for a distance of approximately 588.02'feet,to
Seacrest Boulevard (ABAN 18-003). Applicant: City of Boynton Beach.
BACKGROUND
The City of Boynton Beach is requesting to abandon (ABAN 18-003) the improved 45-foot wide
right-of-way extending east/west from NE 1 st Avenue,for a distance of approximately 588.02 feet,
to Seacrest Boulevard (see Exhibit"A"—Location Map). The City is requesting the abandonment in
preparation to implement the Town Square Master Plan (LUAR 17-005). For greater detail of the
abandonment request, please refer to Exhibit "B"— Legal Description & Sketch.
The abandoned land will be transferred in equal portions to the abutting property owner(s)per State
Statute. In this case, the City owns the properties on either side of the abandonment area so the
property will be conveyed to the City until such time that the land is platted,conveyed and developed
for further implementation of the Town Square Master Plan.
The following is a description of the zoning districts and land uses of the properties that surround the
subject alley abandonment request:
North: Portion of the approved Town Square Master Plan with a Land Use
classification of Mixed Use Medium and a zoning designation of MU-3(Mixed
Use 3);
South: Portion of the approved Town Square Master Plan with a Land Use
classification of Mixed Use Medium and a zoning designation of MU-3(Mixed
Use 3);
East: Right-of-way for NE 1St Street, then farther east developed multifamily with a
Land Use classification of Medium Density Residential (MDR) and a zoning
designation of R-3 (Multi family)
West: Right-of-way for Seacrest Boulevard, then farther west a developed church
and multi family with a Land Use classification of Medium Density Residential
(MDR) and a zoning designation of R-3 (Multi family)
Page 35 of 43
Page 2
Memorandum No. PZ 18-071
ABAN 18-003
ANALYSIS
Owners of properties within 400 feet of the subject site will be mailed a notice of this request and
signs posted for the Board hearing and the second reading of the corresponding ordinance and its
respective hearing dates. The applicant has certified that they posted signage and mailed notices in
accordance with Ordinance No. 04-007. A summary of the responses follows:
CITY DEPARTMENTS/DIVISIONS
Engineering No objection.
Public Works/Utilities No objection, with the provision of the necessary
easements for the existing or future utilities.
Planning and Zoning No objection.
PUBLIC UTILITY COMPANIES
Florida Power and Light No response received as of the date of this report.
If easements and relocation of utilities are
necessary they will be at the developer's cost.
AT&T No response received as of the date of this report.
If easements and relocation of utilities are
necessary they will be at the developer's cost.
Florida Public Utilities No response received as of the date of this report.
Comcast No response received as of the date of this report.
Crown Castle Fiber No response received as of the date of this report.
Fibernet Direct: No response received as of the date of this report.
Level 3 No response received as of the date of this report.
Sprint No response received as of the date of this report.
Hotwire No response received as of the date of this report.
Strome Networks No response received as of the date of this report.
Windstream No response received as of the date of this report.
PBC Traffic Engineering No response received as of the date of this report.
RECOMMENDATION
Staff has determined that the requested abandonment would not adversely impact traffic or other
City functions, and would not adversely impact other adjacent property owners. Based on the above-
analysis, staff has determined that the subject alley no longer serves a public purpose other than
retention of a utility easement to service City utilities, AT&T and FPL facilities, if warranted and
therefore recommends APPROVAL of the applicant's request, subject to the attached conditions.
Any conditions requested by the Planning and Development Board or required by the Commission
will be placed in Exhibit"C" - Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\CRA ABAN 18-002(Arden Park)WBAN 18-002\Staff Report.doc
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BOYNTON BEACH BLVD
NE 1ST AVENUE
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Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION
Land Surveyors * Mappers For: THE CITY OF BOYNTON BEACH
460 Business Park Way * Suite B
Royal Palm Beach, Florida 33411 DRAWN: MT SCALE: N/A DATE: 08/29/18
SSI :2 OF 5
age of 43
EXHIBIT " B"
NE 1St Avenue Abandonment Request
Application Supplement— Responses to Review Criteria
3. Review Criteria. The vacation and abandonment of a right-of-way, special purpose
easement, or other non-fee interest of the city shall be based on a demonstration that
the above interest no longer serves a public purpose and there is no encumbrance
which would prohibit the clear transfer of ownership of such land. The following review
criteria shall be used to justify an application:
a. Access. Does the subject land provide a legal means of access to a lot of
record, subdivision, or development? Would the vacation and abandonment cause or
result in a permanent stoppage, interruption, or an unacceptable level of service for the
subject lot or on neighboring lots, subdivisions, or developments with respect to police,
fire, or other emergency services; or solid waste removal?
Response -- No interruption of access will take place as the abandoned portion of
B 1st Ave. right--of--way is to be replaced with a platted access right--of--way to be
recorded immediately after recording the proposed abandonment. Physical
access will be maintained during that recording process and thereafter by
construction of Boynton Town Center.
b. Utilities. Does the subject land contain, support, or allow potable water,
sanitary sewer, or any other utility (e.g. cable, telephone, electricity, gas, etc.), which
would be permanently stopped or interrupted, or cause an unacceptable level of service
to the subject lot or neighboring lots, subdivisions, or developments?
Response -- The to be abandoned portion of N B 1 s� Ave right--of--way contains
utilities, but no interruption of service will occur. The abandoned right--of--way will
be replaced immediately after recording the to be recorded plat which provides
additional easements for utilities. Additionally, no physical interruption of utilities
will occur prior to utilities replacement.
c. Drainage and Wastewater Management. Does the subject land contain,
support, or allow a legal means of drainage or wastewater management for such lot or
on neighboring lots, subdivisions, or developments, which would cause or result in a
stoppage, interruption, or unacceptable level of service?
Response -- No, this abandonment will not result in drainage or wastewater
service.
d. Conservation. Does the subject land contain, support, or allow the means for
the conservation or preservation of flora or fauna?
Response -- No, the abandonment of this portion of N B 1 st Ave right--of--way will
not compromise conservation or preservation of flora or fauna.
Page 41 of 43
EXHIBIT "C"
CONDITIONS OF APPROVAL
Project Name: NE 1St Avenue (Town Square)
File number: ABAN 18-003
Reference: 1St review plans identified as an Abandonment with a September 7, 2018 Planning
and Zoning Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES
Comments: None.
FIRE
Comments: None.
POLICE
Comments: None.
BUILDING DIVISION
Comments: None.
PARKS AND RECREATION
Comments: None.
PLANNING AND ZONING
Comments:
1. Any conditions of approval from the various utility companies
requiring new or revised easements and developer relocation of
their facilities will be required to be addressed prior to issuance of X
a building permit.
COMMUNITY REDEVELOPMENT AGENCY
Comments: None.
Page 42 of 43
CRA Abandonment—Arden Park (ABAN 18-002)
Conditions of Approval
Page 2 of 2
DEPARTMENTS INCLUDE REJECT
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: To be determined.
CITY COMMISSION CONDITIONS
Comments: To be determined.
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