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Minutes 02-20-18MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY, FEBRUARY 20, 2018, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Justin Katz, Vice Mayor Mack McCray, Commissioner Christina Romelus, Commissioner Joe Casello, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Minister Macon gave the invocation. Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk Pledge of Allegiance to the Flag led by Commissioner Casello Roll Call City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Casello requested the City Attorney prepare a template for a possible gun control Resolution. Stated the City was preempted by State law from making their own local laws. This item to be place under New Business A. Vice Mayor Katz requested to add under New Business B, a discussion regarding assignment of a City representative for the Quantum Homeowners Association. New Business C to possibly schedule a joint workshop meeting with the QPOD. Mayor Grant requested to move item 13 A to be heard before Consent Agenda. Commissioner Romelus requested to add 12 D to approve the request for her Community Support Funds to South Tech Academy. Mayor Grant stated this would be heard after 13 A and before the Consent Agenda 2. Adoption Meeting Minutes City Commission Boynton Beach, Florida Motion February 20, 2018 Commissioner McCray moved to approve the agenda as amended. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Vice Mayor Katz met with representative from the Olen Group. Met with Douglas MacDonald, of the Property Owners' Association of Quantum. Spoke with the Boynton Beach Chamber of Commerce. Commissioner McCray spoke with the Olen Group. Met with Douglas MacDonald from the Property Owners' Association of Quantum. The Robert E. Wells Love Feast was a success. Thanked City staff and the CRA. It was a lovely affair and Minister Wright did a lot of work. Suggested next time the CRA and Robert E. Wells Foundation could have a combined event. Thanked Mr. Livergood regarding signs being replaced. Requested a meeting with the Acting Chief of Police. Gave Kudos to staff from Solid Waste and Parks regarding the homeless person which moved onto City property. Commissioner Romelus wanted to stand in solidary with those who have been wounded. Indicated she finds herself double checking the doors and looking at plans of exit for her students. She wanted to wish everyone a happy Black History month. Today was Commissioner Casello's Birthday. Commissioner Casello said his thoughts are with the victims of the Parkland shooting. Suggested hug your children a little tighter; kiss them and let them know they are loved. Mayor Grant said on February 9 he attended the Magic Wheels and Special Deals Event at the Barrier Free Park. Attended a ribbon cutting ceremony at the Barrier Free Park. Given a ride along with Sergeant Dunlop and Rivera. Recommended the Commission to contact Chief Harris to get a better idea of what the police officer go through on a daily basis. Attended the Palm Beach County Transit Planning agency meeting in Palm Beach Gardens. He will be attending the Complete Streets Summit. On February 17 attended the Spady Cultural Heritage Museum day. He suggested this was something the CRA should plan to have for Black History Month. Played golf at the Links, the course was looking good. Participated in a gun violence demonstration in Delray Beach. Stated the main thing that needs to happen was to keep people accountable. He spoke with Mike Weiner and Britney Brumgradner. 2 Meeting Minutes City Commission Boynton Beach, Florida February 20, 2018 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Proclaim the week of February 25, 2018 as Eating Disorders Awareness Week. Catherine Herman, the Director of Development, from The Alliance For Eating Disorders Awareness will be accepting the proclamation. Mayor Grant read the proclamation and presented it to Catherine Herman. Catherine Herman, Director of Development from the Alliance for Eating Disorders Awareness stated this was very important to have this disease recognized. Eating Disorders have the highest mortality rates of any mental illness. Informed the audience there are resources available. Announced there was an awareness walk Saturday March 3, 2018 in Coconut Creek. Commissioner McCray thanked Ms. Herman for bringing this to the Commission's attention. B. Announcement by Michael Corbett, Director, Business Development for Career Source Palm Beach County, regarding a Construction/Trades Hiring Event on Tuesday, February 27 from 3:30 p.m. to 6:00 p.m. at Carolyn Sims. Mayor Grant announced Career Source Palm Beach County will host a hiring event at the Carolyn Sims Center. Michael Corbett, Director, Business Development for Career Source Palm Beach County, announced a Construction/Trades hiring event for Tuesday, February 27th at the Carolyn Sims Center. Explained Career Source has room for 35 companies, 16 companies have already signed up. He indicated he would provide an update as to how many people were hired at a later date. Commissioner Casello asked how many trade unions the Career Source of Palm Beach County contacted? Mr. Corbett indicated they contacted the Electricians, Plumbers and Sheet Metal so far. Commissioner Casello indicated Shawn Mitchell called and was disappointed that none of the unions had been contacted. He encouraged the Center to get all the unions on board. This was a great opportunity to get more unions invited. Mr. Corbett responded the unions usually show up to these events. Commissioner Casello indicated it would be nice to send an invitation to the unions. Commissioner McCray inquired as to who created the flyers. Mr. Corbett replied Career Source created the flyers. 91 Meeting Minutes City Commission Boynton Beach, Florida 4. PUBLIC AUDIENCE February 20, 2018 INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Mary Law 625 S Federal Highway, stated Glen Wexler in the Community Standards charged Lucy Land, LLC, in July 207 with erroneous code violations at 703 S. Federal Highway for an unpermitted fence violation. Stated on February 27, 2013, her client received a final fence approval by Glen Wexler. In July 2017 when the code violation was issued, Mr. Wexler must not have completed a permit search. Mr. Wexler was the person which approved the fence permit. She indicated that violation has been verbally dismissed. Mr. Woods would not remove it from the violation paperwork. It was intended to continually make her client look as though they are violators. In September 2016, Mario Faga president of Camel Towing leased an office at 625 South Federal Highway for his towing business. In his lease he was given permission to park cars at 625 and 703 South Federal Highway. He gave the Business Tax office the application for the Business Certificate of Use and all other required documents. On September 26, 2016 the Business Tax office issued Mr. Faga two Business Tax Receipts. Then 7 months later the City issued a Code Violation against Mr. Faga, and instructed him to remove the cars from 703 South Federal Highway. She indicated they had no legal authority to remove the cars as they had a lease with her client's office. This harassment by the City caused Camel Towing to move and they lost a very professional business. Mayor Grant stated this cannot be discussed under Public Audience. Ms. Law wanted to request a motion to dismiss. Mayor Grant asked if the Commission wanted to have a motion of reconsideration. Vice Mayor Katz indicated he needed to hear from staff. Commissioner Romelus suggested adding this to Future Agenda Items for the next Commission meeting. Ms. Law stated there was a scheduled hearing before the magistrate. Ms. Law said these were not Code violations, these were City mistakes. Mayor Grant indicated this was a decision for the Magistrate. Commissioner Romelus directed staff send an email to the Commission regarding this situation. Susan Ross, Schoolhouse Children's Museum, was here to sing the praises of the Boynton Beach Garden Club. Beautiful gardens serve as a host and a food source. The Gardens host the Atala butterfly which was once considered threatened. It was a pleasure to see families enjoying the butterfly gardens. The Garden Club will host the EI Meeting Minutes City Commission Boynton Beach, Florida February 20, 2018 third annual arts in bloom to take place on March 2-3, 2018. There will be an exhibit of floral arrangements. This year there would be two works of art. This was a free event. She encourages everyone to come out to view the floral arrangements. There was an opening night reception from 5-7 pm. Susan Oyer, 140 SE 27 Way, stated the trees on Ocean Avenue are still Pirate Feast colors. She was under the impression the colors would be changed to coordinate with all the holidays throughout the year. She suggested choosing a color and leave it. She suggested a warm white color so that the trees will grow. She stated plants do not grow with other colors shinning on them. She was distressed about the situation regarding the house across the street from her. The owner was in jail, now his sister, girlfriend and the baby's mother are living there. She has been threatened on several occasions. Wanted to know what was being done about this house. Informed the Commission the homeowners were renting rooms without a BTR. She wanted to know what was going on, at what point the City can foreclose on this home. This was a prime example of one bad house in a very good neighborhood. Sending a Compliance officer was not solving the problem. Vice Mayor Katz, indicated this was for law enforcement to hander. Ms. Oyer said the police were aware of the situation. Commissioner Casello indicated he will get back with Ms. Oyer. Commissioner McCray stated they needed to follow protocol, requested Mr. Woods to get with the Commission regarding this situation. Carl Sloan, 39 Hampshire Lane, was here today as the Chair of the Hunter Run Governmental Relation Committee. Hunters Run is a country club community of 1650 homes. The residents are afraid to go to the Boynton Beach mall. Because of the lack of police presents this has caused the members to go to other malls. This means the City of Boynton Beach loses sales tax revenue and the shop owners lose income. These same conditions exist at the Publix located at the intersection of Congress and Boynton Beach Boulevard. Please do something about this problem. The average age of the membership is in the mid 80's and they want to be safe when they are shopping. He's requesting an update on the facility the City approved for construction of an inpatient medical facility for memory care. Almost daily Police Officer Slater files reports on various incidents in Boynton Beach such as fires, stolen property, and murder and on and on. Mr. Sloan was thankful that Boynton Beach Police was protecting them, but questioned why the need to scare the residents with such vivid rendering. Harry Woodward 685 NE 15th Place, attended the board meeting for INCA. New members of the community came to see what was going on. When they purchase their home they knew what they were buying into. What was a mystery to them was the B&B's and Sober Homes. Mr. Woodward stated the members of INCA are spending a lot of money in Boynton Beach. They live in a waterfront community and this is what is 5 Meeting Minutes City Commission Boynton Beach, Florida February 20, 2018 going on. Everyone knows these homes are being purchased as B&B's. The noise is unbelievable. There are now derelict vessels; they have pulled out more than once. Slum and blight, why can't the City of Boynton Beach do something about this. Commissioner McCray asked the Acting Chief Harris to provide an update of what was going on in this area. Herb Suss, 1711 Wood Fern Drive, heard Commission Romelus speaking about being afraid; he took an oath to defend the Constitution and defend the people of the United States. He said the President took the same oath and he was not doing anything to protect the people of the United States. Congress passed overwhelming sanctions on Russia. The President was not imposing those sanctions. Wanted to compliment the Fire Chief and all the fire professionals for doing a great job. Barbara Beradine 9873 Lawrence Road, wanted to thank all the elected officials. Jean Waters, 280 Main Boulevard, wondered if this was the old police station. She stated she did not go through any metal detectors. Asked if the City was going to build a new building, and if the new buildings have metal detectors? Commissioner Romelus stated on March 13 there will be a special meeting regarding Town Square. Mayor Grant said seeing no one else coming forward, Public Audience was closed. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 1 Reg and 2 Alts Building Board of Adjustments & Appeals: 2 Regs and 1 Alts Employee Pension Board: 1 Reg Historic Resource Preservation Bd: 1 Alt Senior Advisory Bd: 2 Alts Mayor Grant stated they were no applications for the Arts Commission, Building Board of Adjustments & Appeals, Employee Pension, Historic Resource Preservation Board or the Senior Advisory Board. 12 D Boynton Beach Short Film Festivals, Community Support Funds for Commissioner Romelus. C. Meeting Minutes City Commission Boynton Beach, Florida February 20, 2018 Commissioner Romelus would like to donate $300 from her Community Support Funds to the Boynton Beach Short Film Festival. Larry Richmond, 1300 SW 30 Street, on behalf of the students and staff of South Tech Academy, wanted to thank Commissioner Romelus. He indicated this was the only Film Festival run by a High School. The students of South Tech work within their curriculum. This was not done anywhere else. He indicated one of the best things about having the Film Festival in Boynton Beach was for the potential to bring in tourist dollars. Commissioner Casello inquired if he has they worked with Boynton Beach High School, they have a group there to Co-sponsor production. John Polardis, Film Instructor, indicated they have not partnered with any other school. The largest outreach was with Palm Beach County Schools for submissions. It was important for the school to have South Tech voices heard through their art. He stated he could not express the joy on the students and the teachers to have the opportunity to have the community screen their work. It was not enough to place their work on Youtube. To have an entire community to partner and share was part of the process. He hopes the Commission sees the value in supporting the Short Film Festival. Commissioner McCray indicated he received an email about the Boynton Beach Short Film Festival. Inquired how many were in attendance last year. Mr. Polardis responded they sold about 100 seats with each block of films shown. Commissioner McCray stated he would like to donate $500 from his Community Support Fund. Motion Commissioner Romelus moved to approve both donations. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. Mayor Grant pulled item D. 7 Meeting Minutes City Commission Boynton Beach, Florida February 20, 2018 A. PROPOSED RESOLUTION NO. R18-027 - Authorize the Mayor to sign an Agreement with Palm Beach County (COUNTY) to facilitate an assessment process per COUNTY Code, Chapter 26 — Special Districts, Article II, Municipal Service Taxing Units (MSTU) for the construction of water and sewer pipelines, fire hydrants, water meter boxes and other associated materials within the County Road right of way (PROJECT). B. PROPOSED RESOULTION NO. R18-028 - Authorize the City Manager to sign Tower Site License Agreement with Crown Castle of Canonsburg, PA 15317, lease amount $4,800 per year for Utility Meter Services automated meter infrastructure 3rd tower antennae installation. C. PROPOSED RESOLUTION NO. R18-029 - Authorize the Mayor to sign an Interlocal Agreement with the CRA for technical support services. D. PROPOSED RESOLUTION NO. R18-030 - Authorize Mayor Grant to sign the Global Covenant of Mayors for Climate and Energy Commitment Letter. Mayor Grant requested staff to provide an overview. Inquired as to the different in this agreement and the Paris agreement? Colin Groff, Assistant City Manager, explained the Global Covenant of Mayors is an international alliance of cities with a shared long-term vision of a world where committed Mayors and local governments accelerate ambitious, measurable climate and energy initiatives that lead to an inclusive, low -emission, and climate -resilient future. The Global Covenant was born out of a 2016 merger between the U.S. Compact of Mayors and the European Covenant of Mayors, and is also supported by global city networks including C40 Cities Climate Leadership Group, ICLEI — Local Governments for Sustainability, and United Cities and Local Governments. It is the broadest global alliance committed to climate leadership, building on the commitment of over 7,400 cities and local governments from six continents and 121 countries representing more than 600 million residents. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. E. PROPOSED RESOLUTION NO. R18-031 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach. DIO Meeting Minutes City Commission Boynton Beach, Florida February 20, 2018 F. PROPOSED RESOLUTION NO. R18-032 - Approve entering into a 60 -month contract for the purchase of WAN network connectivity services from Comcast Business Communications, LLC for $6,000 a month, utilizing the General Services Administration (GSA) contract # GS-35F-184BA. The City is allowed to purchase from this GSA contract. G. Approve funding in the amount not too exceed $15,000 for a Commercial Interior Build -Out Grant and an amount not too exceed $12,000 for a Commercial Rent Reimbursement Grant to Virgin Islands Coffee Roasters, LLC, 1420 Neptune Dr. Bay #0, Boynton Beach, FL 33426. H. Authorize utilizing the City of Miami's contract #291272(17) extension with Expert Diesel of Fort Lauderdale, FL with an estimated annual expenditure of $35,000 for repairs to autocar trucks and engines. The City of Miami's procurement process satisfies the City's competitive bid requirements I. Accept the written report to the Commission for purchases over $10,000 for the month of January 2018. J. Legal Expenses - September 2017 - Information at the request of the City Commission. No action required. K. Approve the minutes from the Regular City Commission meeting held on February 6, 2018 Motion Commissioner McCray moved to approve the Consent Agenda Items as amended. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 13 A PROPOSED RESOLUTION NO. R18-034 - Consider a real estate purchase and sale agreement between the City of Boynton Beach and Brittany Bumgardner for a vacant parcel at the end of SW 24th Avenue adjacent to 1-95 for $200. Andrew Mack, Director of Development, indicated the City has received a written offer from Ms. Brittany Bumgardner, the adjacent property owner to purchase a vacant lot located at the end of SW 24th avenue adjacent to 1-95 for $200. Commissioner McCray inquired of the property value. He stated if the City allowed the sale of this property it would increase the value of Ms. Bumgardner's property. 9 Meeting Minutes City Commission Boynton Beach, Florida February 20, 2018 Mr. Mack stated the property was assessed at $52,000; he explained this estimate was a holdover from when the property was originally assessed. The Property Appraiser will reevaluate the property, this coming year. A pencil appraisal was done and according to Palm Beach County staff the City can expect the value to be in the range of $9,000 to $16,000 dollars. Commissioner McCray asked if the City was paying taxes on this property. Mr. Mack stated there were no taxes being paid. Commissioner McCray stated he did not want to sell the property. Mayor Grant asked if there were any fees associated with the lot. Mr. Mack indicated the lot has been in the possession of the City of Boynton Beach since 1978. The City costs was for lot mowing, estimated about $1,200, debris removal estimated at $200. The annual cost would be about $1,400. Mayor Grant stated it was costing the City of Boynton Beach thousands of dollars to own a parcel which does not serve a purpose. It was costing taxpayers and not receiving any benefits. Vice Mayor Katz stated if the City of Boynton Beach does not set a standard and accept the current offer, this would mean the City would give away City owned property and would potentially increase value of other properties. Staff should have a standard. This could become a common accordance. Commissioner McCray indicated he disagrees with the Mayor regarding the parcel does not serve any purpose. He believes it serves a purpose as a green space. Commissioner Casello indicated he does not believe there could be a standard set for City owned parcels. Depending on location and whether or not it was landlocked, he stated each parcel would be unique in its own right. He indicated he was not on board with $200 for the parcel of land. If something could be worked out between the assessed value and what the owner was willing to pay, he would be in agreement. Commissioner Romelus suggested staff negotiate a price with the land owner. She believed a price could be worked for both the City and the homeowner. Ms. Bumgarder stated there is no value to anyone but her, she has lived there for 10 years, and watched people throw debris into the vacant lot. She has no intention of selling her house. She would like to clean the lot up and have it nice for her kids. She was in agreement for negotiation of a price. Commissioner Romelus said the price should be fair for both parties. It does not necessarily have to be at appraised value. 10 Meeting Minutes City Commission Boynton Beach, Florida February 20, 2018 Mayor Grant indicated if the Commission is selling the land for less than fair market value the Commission needed to get a vote of 4/5 instead of 3/5. He continued to say the appraised value is not necessarily the fair market value. Mayor Grant asked the Attorney about how the City of Boynton Beach determined the fair market value. Inquired if the City of Boynton Beach needed to have an appraisal. Attorney Cherof indicated this was one way to establish the value, or research through a real-estate professional. Mayor Grant asked about the cost of an appraisal. Attorney Cherof responded he was not sure of the cost. Commissioner Casello inquired could the applicant provide the appraisal. Attorney Cherof indicated yes. Mayor Grant stated that way the City knows whether it was a fair market and if the Commission needed 4/5th or 3/5th Commissioner Casello said if the applicant wanted to get it appraised and come back to the Commission and it could be discussed at that time. Ms. Bumgarder agreed to provide an appraisal. Commissioner Romelus thanked Ms. Bumgarder for her interest in the vacant lot. 7. BIDS AND PURCHASES OVER $100,000- None A. Authorize the use of five (5) approved vendors: Xylem Water Solutions, USA, Inc.; Customer Pump and Controls, Inc.; Barney's Pumps, Inc.; Hydra Service, Inc.; and Southeastern Pump for an annual expenditure not to exceed $250,000 for wastewater pump replacement for over 160 wastewater lift stations in the Utility Service area. Motion Commissioner Casello moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed 8. CODE COMPLIANCE and LEGAL SETTLEMENTS — None Commissioner McCray asked if the City receives anything to go under this heading. Lori LaVerriere, City Manager, responded if there are any legal settlements. The City has not had any settlements in a while. 11 Meeting Minutes City Commission Boynton Beach, Florida February 20, 2018 Commissioner McCray inquired if there are any settlements being handled by the magistrate. Ms. LaVerriere stated all settlements are brought before the Commission. Attorney Cherof suggested removing the Code Compliance and Legal Settlement heading off of the agenda. If there was a settlement it could be added to Legal if necessary. Mayor Grant asked if there was consensus. There was consensus. 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 17-021 - Approve Town Square Future Land Use Map (FLUM) Amendment from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM). City -initiated. Attorney Cherof read proposed Ordinance No. 17-021, by title only into the record. Amanda Bassiely, Senior Planner -Urban Designer, stated the location of the new Town Square subject area covers four blocks, bounded by Seacrest Boulevard on the west, NE 1 st Street on the east, Boynton Beach Boulevard on the north and SE 2nd Avenue on the south. It includes seven (7) parcels owned by the City of Boynton Beach, for a total of 15 acres, the right-of-way for NE 1 st Avenue of 0.7 acre, part of the right-of-way for SE 1 st Avenue of approximately 0.09 acres (currently with no future land use classification or zoning designation) and a 14 -unit Park Lane condominium site on approximately 0.63 acres. The City -owned parcels contain the civic campus with the following structures: the 1913 Schoolhouse Museum, including amphitheater, Art Center, City Hall Complex including parking garage, Civic Center, Old High School, Kid's Kingdom Playground, Library, and Madsen Center including shuffleboard courts. The site was being split between two CRA districts, the Cultural District and the Boynton Beach Boulevard District, which together, with four others, have been identified and designated as distinctive planning areas by the CRA Community Redevelopment Plan. There are residential, commercial holds 225 units, the next unit holds residential commercial 250 units, the last has residential only , which houses 280 units, with a parking garage. She said there was an overall maximum height of 45 feet on Boynton Beach Blvd. The building set back was 10 feet. The maximum height was 99 feet on Boynton Beach Blvd. The residential building in the center was 80 feet. The other buildings would be 12 Meeting Minutes City Commission Boynton Beach, Florida February 20, 2018 limited to 50 feet, City Hall was purposed at 75 feet and the hotel was currently proposed as 75 feet. The project requires a mixed use future land use classification to allow for addition of residential and commercial uses not permitted under the current Public and Private Governmental/Institutional category. The choice of the Mixed Use Medium (MXM) category with a density cap of 50 du/acre (with an additional Downtown TOD District's 25% density bonus) fulfills the recommendation of the CRA Community Redevelopment Plan warranted by the project's proximity to the core of the downtown and to the future station of the planned Coastal Link commuter train service. The MXM category is in- between the proposed new Mixed Use Low, with the density cap of 20 du/acre arguably too low for the location, and the Mixed Use High (renamed Mixed Use Core), whose 80 du/acre density cap is reserved for the core of the downtown. Ms. Bassiely stated at present there is no Master Plan application for the project accompanying the subject zoning request as would be required by the Land Development Regulations (LDRs) for a privately -initiated application involving a planned zoning district. Vice Mayor Katz indicated the Master Plan was not the site plan. This could be changed or altered. Ms. Bassiely, stated the point of the Master Plan was to give an overall view of intensity, density and maximums or minimums. The heights shown are maximums. The square footage for open spaces would be minimums. The Commission will know everything through the site plan approval process. Ms. Bassiely indicated the City proactively initiated a future land use reclassification and rezoning without accompanying master/site plan for the subject site with a specific vision. The Town Square project is supported by both the CRA Plan and the City's Strategic Plan. The proposed Mixed Use Medium (MXM) future land use category implements the CRA Plan's FLU recommendation for the property. Susan Oyer, 140 SE 27 Way, stated Kids Kingstown has some conditions placed on the project. Indicated they wanted more handicapped spots. They do not feel there are enough handicapped parking spaces. Ms. Oyer stated across the street from building C were single story apartment buildings and houses. It does list the heights; the backup does not mention they are one story homes. Please make sure there was some compatibility. Herb Suss, 1711 Wood Fern Drive inquired if this was for a new Library. He was not in agreement. This was a fairly new Library. The City spent a lot of money on that Library. Vice Mayor Katz stated just to give context to the proposal to tear down the Library, there was water intrusion so there was mitigation costs related to repairing the current Library. The opportunity cost to sacrifice land value by having to place City Hall on a different part of Town Square would cost the City millions of dollars. The cost of 13 Meeting Minutes City Commission Boynton Beach, Florida February 20, 2018 repairing the building and relocating would cost less by tearing the building down and building a new one. Commissioner Romelus asked if the handicap parking spots will be discussed later in the site plan process. Ms. Bassiely, replied the City has comments on the Master Plan approval, and the comments from the Planning and Development Board would be addressed. There are three different approvals, and the comments from the Planning and Development Board are conditions of approvals. Commissioner McCray was in agreement with Mr. Suss. He had asked Mr. Livergood when the City was adding on to the Library whether the library should be torn down. Mr. Livergood stated there was no reason to tear down the Library. He was not in favor of the Town Square project. He did not know where the money for the Town Square project was coming from. Mayor Grant asked if the handicapped parking was a condition of approval which the Commission must put in a motion. Ms. Bassiely explained the Planning and Development Board included that in the conditions of approvals for item B. Mayor Grant asked if the City could have more handicapped spaces. Ms. Bassiely stated there are no spaces being shown. This information was recorded from the Planning and Development Board meeting. Mr. Groff, Assistant City Manager, indicated this was a City project. Whatever the Commission wanted could be done. David Katz, 67 Midwood Lane, Chair of the Planning and Development Board, the handicapped parking would be on the outside of City Hall instead of on the inside of the garage. Motion Vice Mayor Katz moved to approved. Commissioner Romelus seconded the motion. Clerk Pyle called the Roll Vote 4-1 (Commissioner McCray dissenting) PROPOSED ORDINANCE NO. 17-022 - SECOND READING - Approve Town Square rezoning from PU (Public Usage); REC (Recreation); and R-3 (Multifamily) to MU -3 (Mixed Use 3). City -initiated. 14 Meeting Minutes City Commission Boynton Beach, Florida February 20, 2018 Attorney Cherof read proposed Ordinance No. 17-022 by title only, into the record. Motion Vice Mayor Katz moved to approved. Commissioner Romelus seconded the motion. Clerk Pyle called the Roll Vote 4-1 (Commissioner McCray dissenting) B. Approve the Boynton Beach Town Square Master Plan for a mix of civic, residential and commercial uses, pending reclassification of the 15.04 acre property from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezoning from Public Usage (PU), Recreation (REC), and Multifamily (R-3) to Mixed Use 3 (MU -3) zoning district. City -initiated. Motion Vice Mayor Katz moved to approved. Commissioner Romelus seconded the motion. Vote 4-1 (Commissioner McCray dissenting) C. Approve Boynton Beach Gateway Police Station Community Design Appeal (CDPA 17-010) of Chapter 4, Article III, Section 3.G., "Overhead doors facing rights-of-way", located at the SE corner of Gateway Boulevard and High Ridge Road in the PID (Planned Industrial Development) zoning district. Applicant: City of Boynton Beach Mr. Ed Breese, Engineer, presented a request for Major Site Plan Modification. The site was located at the SE corner of Gateway Boulevard and High Ridge Road This application for Community Design Appeal (CDPA 17-010) is a companion to Major Site Plan Modification application (MSPM 17-010) requesting to construct a two-story, 53,800 square foot police station and associated site improvements immediately north of Fire Station #5. The community design standards prohibit overhead bay doors on facades facing selected highly visible roadways, which are considered entrances into the City and/or carry a considerable amount of daily traffic. The rationale was that buildings located on these roadways should be held to a higher level of architectural standards. High Ridge Road is one of those select roadways and the proposed station's bay doors would face High Ridge Road, 200 feet away, a six foot tall wall with additional landscaping. Based upon previous approvals in the vicinity, distance of the doors from the right-of-way, and mitigation through the use of paint, landscaping and perimeter 15 Meeting Minutes City Commission Boynton Beach, Florida February 20, 2018 wall, staff recommends approval. Including Fire Station #5, has a contemporary design. Mr. Breese explained the request is relative to the location of the overhead bay doors on the west facade of the building, the sally port and the vehicle storage building. There was a joint access with Fire Station #5. There was a condition of approval of three additional handicap parking spaces. Commissioner McCray inquired as to the purpose of the overhead bay doors. Mr. Breese stated the overhead bay door was to secure the inventory and evidence. Commissioner McCray stated once the City proceeds with the new Police Department with the overhead doors, would this allow the City to get rid of the other areas where evidence is being stored. Acting Chief Harris replied yes. There was only one at the Police Station. The one in Renaissance Commons was used for storage not evidence. Ms. Lori LaVerriere, City Manager, said Police Station #2 was not for evidence, but for inventory. Commissioner Casello indicated he was not in favor of taking a brick and mortar police station and putting it in an industrial district. The Commission was contemplating what type of overhead doors which could be used in this facility. Mr. Breese explained certain roads within the City require design appeal; fire station #5 was approved with the overhead bay doors. Mayor Grant stated this would not be the first appeal for the bay doors. Mr. Breese indicated this would be the 4th appeal. Commissioner Casello inquired would these doors be the same as the Publix overhead doors. Mr. Breese responded the overhead doors would be the same. Commissioner Romelus asked why the City was adding three additional handicapped parking spaces at the Police Department. David Katz, 67 Midwood Lane, Chair of the Planning and Development Board, there will be many people visiting the Police Department. Just because of ADA rules and statues which govern the amount of spaces, the City of Boynton Beach has an older population. He believes they need more handicapped parking in the City. Commissioner Casello asked if they expected a lot of foot traffic. Mr. Katz believes there would be just as much as the Police Station has now. There needs to be more handicap parking. Commissioner Casello asked if he believed there would be more vehicle traffic. Mr. Katz stated there was not enough handicapped parking. Mayor Grant asked how many handicapped parking spaces are proposed with comments W9 Meeting Minutes City Commission Boynton Beach, Florida February 20, 2018 Mr. Breese indicated the Planning and Development Board requested three additional handicapped parking spaces with comments. Mayor Grant asked what the minimum amount of parking spaces allowed. Mr. Breese indicated Code required four spaces; with the additional three this would make it seven spaces. Commissioner Romelus inquired how many parking spaces. COlen Groff, Assistant City Manager, stated four was the standard, there are 120 spaces. If the Commission decided to put in more, then they will add three more spaces Ms. LaVerriere indicated this reduces the space by 1.4 spaces. Commissioner Romelus asked about the Fire Station. Will the parking lot be next to each department? Colin Groff, Assistant City Manager, indicated the parking lot would be used by both the Fire Department and the Police Station; this was a joint use public lot. Mr. Groff stated there were 293 total parking spaces. There are four for the Police Department and five for Fire Department. Commissioner Romelus indicated she was in favor of adding three addition spaces. Herb Suss, 1711 Wood Fern Drive, remarked the only issue he had was while the building was going up; he was concerned about the access from the Fire Department in the event of an emergency. Mr. Groff responded there will be a temporary construction entrance for this site; this will not interfere with the main entrance. The Fire apparatuses dispatch south of the Fire Station building. The City was planning the project to make sure the entrance would be open without any disruptions to services. Mr. Suss stated he sees a problem with the traffic heading north south on gateway, to enter on High Ridge road, there are a lot of U-turns. He said there will be problems especially during business hours. Pam Scarron, 3050 North Federal Highway, 1405, inquired if the police station was moving as well as the Fire Station#1. Mayor Grant indicated they were looking as at different locations for Fire Station #1; one of the locations under consideration was the parking lot next to the current fire station. Ms. Scarron stated where she lives there was a lot going on. There was drug addiction, and prostitution. The City of Boynton Beach wants to move the Police Department out of 17 Meeting Minutes City Commission Boynton Beach, Florida February 20, 2018 where the activity was heavy. When there was a crime the police must try to reach the people with all the traffic. Commissioner McCray indicated location does not deter crime. When the City of Boynton Beach purchased the property, this property was promised as a safety complex. The police do not work inside the station. The Commission was giving the citizens what was promised. Ms. Scarron asked if the station was that far away will the citizens have the same amount of police officers in the area. Mayor Grant responded yes. Commissioner Casello indicated he agrees with the speaker. He noted the brick and mortar goes a long way in curbing crime. To place the Police Department in a commercial area, he was not in agreement. The morning and evening traffic was going to be a nightmare. He understood when the property was purchased; it was purchased for a safety complex. Commissioner Casello stated times have changed, and he was all in favor of the new police station, but not on High Ridge Road. The Commission took the easy way out. He indicated the Commission has blinders on. Commissioner Romelus stated for clarification purposes, this was a primary concern of hers to move the police station to Gateway and asked the acting Police Chief to clear up concerns regarding the location of the police station. Acting Chief Kelly Harris indicated the officers do not deploy from the police station, the officers deploy from the field. The police officers do not respond from the building, the officers respond from their vehicles. They do not respond from brick and mortar location. Commissioner Romelus stated response time should not change because of the relocation of the police station. Vice Mayor Katz said this conversation has been repeated several times in the past year. He was in agreement with Commissioner Casello; he would have preferred the police station on the east side of town. At no point during these discussions has the Commission had a majority vote in favor of the east side location. He supports putting it on Gateway to move the project along and gave a definite site. There was no third option on the east side. Commissioner Casello asked if Acting Chief Harris would agree with having the police headquarters in the area would make that area a little more secure. Acting Chief Harris stated she did not believe this would not have an effect on crime. in Meeting Minutes City Commission Boynton Beach, Florida February 20, 2018 Commissioner Casello said the presence of police officers going in and out of the building and people coming and going would not have any effect on the surrounding area. Acting Chief Harris stated the officers deploy from the field. The only time the officers are onsite was for roll call. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Vote 4-1 (Commissioner Casello dissenting) D. Approve Boynton Beach Gateway Police Station Major Site Plan Modification (MSPM 17-010) to construct a two-story, 53,800 square foot police station and associated site improvements immediately north of Fire Station #5, at the SE corner of Gateway Boulevard and High Ridge Road in the PID (Planned Industrial Development) zoning district. Applicant: City of Boynton Beach Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Vote 4-1 (Commissioner Casello dissenting) E. PROPOSED ORDINANCE NO. 18-001 - FIRST READING Approve MLK South Rezoning (REZN 18-003) from MU -1_2 (Mixed Use—Low Intensity 2 District) to MU -2 (Mixed Use 2 District) to complete implementation of the CRA Community Redevelopment Plan's recommendation for the subject 2.97 acre area. Applicant: City -initiated. Attorney Cherof read Proposed Ordinance No. 18-001 by title only on first reading. Hanna Martas, Senior Planner, advised the subject area, provisionally referred to as MLK South, consists of seventeen parcels, ten of which are owned by Boynton Beach CRA. The remaining seven parcels are privately owned, five of which by a single entity. The remaining thirteen are currently vacant. 19 Meeting Minutes City Commission Boynton Beach, Florida February 20, 2018 The request represents the continuation of "house cleaning" tasks following the CRA Plan -recommended major changes to the City's future land use and zoning structure. The "new" FLU structure is now reflected in the amended FLU map, with the subject property classified MXM, Mixed Use Medium. The MXM classification allows a maximum density of 50 dwelling units/acre. Its two corresponding zoning designations, MU -2 and MU -3, have the respective maximum densities of 40 and 50 dwelling units/acre. The subject property's current MU -1_2 zoning—with a maximum density of 30 dwelling units per acre—is part of the "old" structure and has been phased out. The proposed MU -2 zoning district, otherwise essentially the same district as MU -L2, nevertheless allows for a significantly higher maximum density than the existing designation, 40 versus 30 dwelling units/acre. Since the new zoning structure does not include a district with the same density cap, MU -1_2 is the appropriate choice, consistent with the recommendations of the CRA Plan. Motion Vice Mayor Katz moved to approved. Commissioner McCray seconded the motion. City Clerk Pyle called the roll Vote all F. PROPOSED ORDINANCE NO. 18-002 - FIRST READING - Approve Neelam (fka Schnars) Business Center Rezoning (REZN 18-004) from MU -L (Mixed Use Low District) to MU -1 (Mixed Use 1 District) to complete implementation of the CRA Community Redevelopment Plan's recommendation for the subject 0.52 acre property. Applicant: City -initiated. Attorney Cherof read Proposed Ordinance first reading into the record. Hanna Matras, Senior Planner, the subject property, provisionally referred to as Neelam Business Center, consists of two parcels in the Federal Highway District North as designated by the 2016 CRA Community Redevelopment Plan. The property was approved for an office/retail project in 2005. The site plan has since expired and the site is currently vacant. The subject request is city -initiated and consistent with the provisions of the Land Development Regulations (LDRs). Since 2015, the LDRs have allowed the City to proactively initiate and process future land use reclassification and rezoning to planned zoning districts for selected sites—if recommended by a significant planning document without a concurrent review of a master plan. This request meets the latter condition as it will implement a recommendation of the CRA Plan. 20 Meeting Minutes City Commission Boynton Beach, Florida February 20, 2018 The request represents the continuation of "house cleaning" tasks following adoption of major changes to the City's future land use and zoning structure pursuant to the CRA Redevelopment Plan. The "new" FLU structure is now reflected in the amended FLU map, with the subject property classified MXL, Mixed Use Low. The MXL classification allows for a maximum density of 20 dwelling units/acre and has only one corresponding zoning designation, MU -1. Therefore, MU -1 is the only designation that is consistent with the recommendation of the CRA Plan. Note that Mixed Use Low, the property's current zoning designation, permits a significantly higher maximum density of 40 dwelling units/acre. However, this designation has effectively been defunct since the 2004 code amendments. Mayor Grant requested the name of the property owner. Ms. Matras replied the owner was out of Atlanta, Georgia. The name was AA Limited Liability Company. Mayor Grant inquired if there were any directors listed; he wanted to make sure they did not have any relation with the company. The City was doing this because there was a need. Ms. Matras indicated the owners were notified 30 days prior to Planning and Development Board hearing. There has been no communication from the company since the mailing of the City's first official letter. Attorney Cherof indicated they would provide more company information at the second reading. Motion Vice Mayor Katz moved to approve. Commissioner Romelus seconded the motion. Clerk Pyle called roll Vote 5-0 10. CITY MANAGER'S REPORT A. Staff is requesting the City Commission schedule a Special Meeting on Tuesday, March 13, 2018 at 4:00 pm to discuss Town Square. Staff will present the final project budget/costs/schedule, etc. and anticipates having contract documents ready for the City Commission's review and approval. 21 Meeting Minutes City Commission Boynton Beach, Florida February 20, 2018 Lori LaVerriere, City Manager, wanted to schedule a special meeting on March 13, 2018, to move forward on Town Square Project Phase 2. The City is still working on the documentations to be brought to the Commission. B. Discuss Habitat for Humanity proposal regarding the development of a portion of the Galaxy Scrub area for the construction of 22 new homes. (Commissioner McCray left the dais at 8:25 pm.) Vice Mayor Katz stated in the interest of time, he wanted to make everyone aware the School Board has rejected any interest in removing the deed restriction in allowing development to the Galaxy Scrub area. He continued to say there was plenty of land for Habitat for Humanity. Mayor Grant asked if the School Board would not release the deed restriction. Vice Mayor Katz stated that was correct. Ms. LaVerriere stated late this afternoon she had a conversation with Mr. Fengler from Habitat and shared with him that staff was not interested in moving forward in trying to remove the restriction. Mr. Fengler has withdrawn the request for the purchase of the property. (Commissioner McCray returns 8:30pm.) Mayor Grant stated the City had this property for a while and nothing has been done with the property. He has spoken with Rebecca Harvey, the Sustainability Coordinator to become the liaison to the Boynton Beach Sustainability and Resiliency Advisory Board. This was green and open space which was designated to be a park. The City needed help from the residents to help maintain this area. The City does not have the money to maintain the property. If the City could look to see about getting grants and working with the different nonprofit agencies. What can we do to help with the greening of Boynton Beach? Commissioner Romelus indicated she would be in favor of having discussion regarding this board. If there was consensus to create that board and allow for input from the community for something in that nature. She suggested creating some type of solar park which would allow for energy to be created and be used and maintain an open or green space and also provide energy. Former Commissioner Michael Fitzpatrick, 175 SW 2nd Street, recalled there was a lot of confusion regarding this land. He stated in the back up from December 5, 2017, the backup said to discuss certain land owned by the City to be sold. This land was considered by some valuable scrub land which should be preserved. He has been in contact with the Sierra Club and other agencies. (Read the backup into the record) 22 Meeting Minutes City Commission Boynton Beach, Florida February 20, 2018 Barbara Ready 329 SW 13 Avenue, stated they are very proud of the title as a Tree City. The City of Boynton Beach should have 2.5 acres of green space per 1000 people. Since the City was planning to add 5-7 thousand people in the new downtown area, we need to find green space. She was happy to hear the City was going to adhere to the deed restrictions and keep it a green space. She indicated the ball dropped when the City made a long term commitment. There needs to be some type of institutional continuity in the memory of the long term commitment. When we promise to do something we need to follow through with the commitment. Commissioner Casello stated he admired Former Commissioner Michael Fitzpatrick's passion on the greenways, waterways and blueways. He believed one of the biggest mistakes made was the Lake Ida project. (Commissioner Romelus 8:32 left dais) Mayor Grant, seeing no others, closed Public Comment. 11. UNFINISHED BUSINESS A. PROPOSED RESOLUTION NO. R18-033 - Approve the Pilot Agreement for Automatic License Plate Recognition System Solution Services with American Traffic Solutions, Inc. (ATS) and authorize the Mayor to sign the agreement. Attorney Cherof indicated there was already an agreement in place with ATS. What was missing from that agreement was the side agreement with the provider, which provides the software which generates the automatic license plate reader program. Commissioner Casello stated everything remains the same. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed (Commissioner Romelus not present for vote) 12. NEW BUSINESS A. PROPOSED RESOLUTION NO. R18 -XXX - A resolution of the City Commission of the City of Wilton Manors , Florida calling upon Federal and State legislators to enact gun control scale human loss of the life and suffering from mass shooting in America, providing for conflicts, providing for severability, and providing an effective date. 23 Meeting Minutes City Commission Boynton Beach, Florida (Commissioner Romelus 8.37pm returned) February 20, 2018 Commissioner Casello stated there are two resolutions. One from the City of Wilton Manors and the other from the City of Sunrise Florida to be used as a template. Attorney Cherof stated the Cites in Broward County are being proactive in dealing with the issues of certain types of firearms. He stated right now under State Law municipalities are prohibited from engaging in the adoption and any regulations regarding firearms, under the threat of penalty to the elected officials which adopt those regulations. The resolutions were drafted by one of his law partners. The City of Sunrise Mayor circulated a proposed resolution to local municipalities. The resolutions are basically the same; it was for Cities to get onboard. The student movement was taking the lead to change the point of view of the legislature. There was enough content to use from the templates and bring it back to be used by Boynton Beach. Vice Mayor Katz indicated he would not oppose the resolution. He had no objection to lending his name to the resolution. The ultimate solution would be a State law to regulate fire arms or federal regulations which would apply to all 50 states. He does not agree with a part of the resolution allowing municipalities to write gun regulations. But he would not oppose the resolution. Commissioner McCray said as he sits here he was glad that young people in this country was taking a stand on gun laws. Tonight the City had a fatality at the Ezell Hester Center. He stated there was a need to get control of the gun laws. The City needed to do something. He understands the police was doing what they could do. Mayor Grant indicated he was in agreement with the board to show the support of all concerned. He said it was not just Palm Beach County but for every legislator. To let them know that Boynton Beach does not stand for non -action. There needs to be safety for the children, the resident and for ourselves. Herb Suss, 1711 Wood Fern Drive was happy the Commission was talking about the gun laws. Inquired about Home Rule? Mayor Grant stated there was no home rule on this item. Florida Statute 790.33 was the preemption. Susan Oyer, 140 SE 27 Way, indicated the first year of teaching Barry Grunow a Lake Worth Middle School Teacher was shot and killed on the last day of class. She said this was absolutely terrifying to go to work every day. Her school was 10 crow miles from the school in which she teaches. Children are planning protest marches. It would be great if Boynton Beach could be on the cusp. Commissioner Romelus took issue with one part of what was being said that Boca has high value targets. All Children are high value targets. She was in full support of the resolutions. We as residents and the City needs to keep our legislators accountable, 24 Meeting Minutes City Commission Boynton Beach, Florida February 20, 2018 because today alone there was a motion to hear a ban on the assault rifle, and it was voted down. We have a job to do to make sure the people we elect represent us in Tallahassee and Washington are hearing the fears and concerns of the kids, the teachers and parents. She asked for all to do something. We must act and do something. We cannot be afraid to walk our children into school. Commissioner Casello thanked the Commission to move the resolution forward. Mayor Grant asked for statics from the Police Department relating to different types of gun violence which has occurred in the past few years. Commissioner Romelus wants to be clear that what the City was asking was common sense gun laws. She was not asking to repeal guns. She was was not asking to take away the second amendment rights. She believed in the second amendment, and the ability to protect ourselves. Mayor Grant, seeing no others, closed Public Comment. B. Approve assigning a City representative for the Quantum Association meeting of the Quantum Park Overlay District (QPOD). Potentially schedule a joint workshop meeting with the QPOD. Vice Mayor Katz stated an Association meeting will be held on March 2, at the Hamptons Inn at 4pm. He wanted to keep the Quantum issue moving forward. Mayor Grant stated there was a consensus for Vice Mayor Katz to be the City representative for the Quantum Park Overlay District. He also stated he received a proxy from Children Services Counsel. C. Schedule a joint workshop meeting with the Quantum Park Overlay District QPOD. Vice Mayor Katz commented there have been some changes they have cut costs and saving taxpayers money. He met with parties which have asked the City to provide guidance. There was the Eco Park. They are speaking about affordable housing and wanted to hear from all parties concerned. And possibly build the park in Quantum Park. This was not related to the Quantum Homeowners' Association Mayor Grant asked when the meeting could be scheduled. To be scheduled on a regular commission meeting. Vice Mayor Katz would reach out to everyone concerned. 25 Meeting Minutes City Commission Boynton Beach, Florida 13. LEGAL February 20, 2018 A. PROPOSED RESOLUTION NO. R18-034 -Consider areal estate purchase and sale agreement between the City of Boynton Beach and Brittany Bumgardner for a vacant parcel at the end of SW 24th Avenue adjacent to 1-95 for $200. (Item discussed earlier.) B. Staff Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: SHARRON TASHA FORD, Plaintiff vs. CITY OF BOYNTON BEACH, Defendant — Case No. 50 2010 CA 016550XXXXMB AD Attorney Cherof requested a meeting for April 17, 2018. Attorney Cherof will come back with alternate dates. Mayor Grant indicated he was unavailable on April 17, 20178. He could do the 3rd or the 10th of April, 2018. This was being coordinated with an outside Attorney. Mayor Grant stated there will be Coffee with a Cop this Saturday, February 24, 2018 at MacDonald on Federal Highway, from 8:00 am -10:00 am. 14. FUTURE AGENDA ITEMS A. Staff to review PBC Ordinance on Panhandlers - March 2018 B. Commission to discuss vice mayor selection - March 20, 2018 C. Result of Textile Recycling RFP and recommendation - March 20, 2018 D. Members of the Commission has requested to review and discuss the Public Arts Ordinance - March 20, 2018 E. Mayor Grant has requested staff to review sign ordinance as it relates to people holding signs in public rights of ways - March 6, 2018 F. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green Girl Scout Park 26 Meeting Minutes City Commission Boynton Beach, Florida February 20, 2018 G. Staff Vice -Mayor Katz has requested the City Attorney to provide update on legal issues with QPODD — TBD H. Commission to consider a land sale agreement to Leisureville for land parcel adjacent to Palm Beach Leisureville - March 6, 2018 15. ADJOURNMENT Motion There being no further business to discuss, Vice Mayor Katz moved to adjourn. Commissioner Casello seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 8:52 p.m. (Continued on next page) 27 Meeting Minutes City Commission Boynton Beach, Florida ATTEST dt'j-'Zlz Judith/ .Pyle, CMC City Jerk L'Queenester Nieves Deputy City Clerk U-11 February 20, 2018 CITY OF Mayor - Steveh.\\ff'Grant mmissioner = Magk McCray Commissioner - Christina Romelus Co missioner - Joe Casello DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Town Square Master Plan (LUAR 17-005) APPLICANT: City of Boynton Beach APPLICANT'S ADDRESS: 100 E. Boynton Beach Blvd., Boynton Beach, FL 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 20, 2018 APPROVAL SOUGHT: Approve the Boynton Beach Town Square Master Plan for a mix of civic, residential and commercial uses, pending reclassification of the 15.04 acre property from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezoning from Public Usage (PU), Recreation (REC), and Multifamily (R-3) to Mixed Use 3 (MU -3) zoning district. City -initiated. LOCATION OF PROPERTY: Civic Campus bounded by Seacrest Boulevard on the west, NE 1St Street on the east, Boynton Beach Boulevard on the north and SE 2nd Avenue on the south DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: , v DATED: Clerk S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square MPMD 17-XXX\StaffReport\MasterPlanDO.doc - - i EXHIBIT "E" Conditions of Approval Project Name: Town Square Master Plan File number: LUAR 17-005 Reference: Review of plans identified as a Master Plan with a January 15, 2018 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE I REJECT Planning & Zoning Comments: 1. Provide square footages for all proposed buildings on master plan to show compliance with the required minimum and maximum Floor Area Ratio standards of the MU -3 zoning district. 2. Absent a traffic study or specific traffic analysis, staff recommends restricting the intersection of N.E. 1St Street and Seacrest Boulevard to right in/right out traffic movements. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 3. Revise the "Playground" area to be a minimum of 10,000 square feet. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square MPMD 17-XXX\StaffReport\ExhibitE_COA.doc Sri Uffi ,,a. Ile Oil Rod CITY OF BOYNTON BEACH EXHIBIT 131 CURRENT FLU CLASSIFICATIONS FOR TOWN SQUARE AND ADJACENT AREAS NW NE 3rd Ave r E Boynton Beach Blvd NE 1st Ave E Ocean Ave MNnr NNI! NEI 1110 Legend Future Land Use Classifications LOW DENSITY RESIDENTIAL (LDR) Max. 5 D.U./Acre C MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 10 D.U./Acre HIGH DENSITY RESIDENTIAL (HDR) Max. 11 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) - GENERAL COMMERCIAL (Gr-) �. INDUSTRIAL (1) - PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) =Town Square i!M ■ ■ Last amended October 20, 2015 N W-*E S 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement CITY OF BOYNTON BEACH EXHIBIT B2 CURRENT ZONING DESIGNATIONS FOR TOWN SQUARE AND ADJACENT AREAS SNE 3rd'Ave� A47 1 -- 71 A" � EL -J E Bovnton Beach Blvd E Ocean Ave SE 2nd Ave SE 3rd Ave Legend Zoning designations \� = R1A Single Family - C4 General Commercial = R2 Duplex - CBD Central Business District R3 Multi Family M1 Light Industrial = i C2 Neighborhood Commercial F: 7 PLI Public usage C3 Community Commercial ME REC Recreation =Town Square ■ ■ 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement CITY OF BOYNTON BEACH EXHIBIT C1 PROPOSED FLU CLASSIFICATION FOR TOWN SQUARE* NW i t NE 3rd Ave E Boynton Beach Blvd oil WNW= El ■ ■ Legend LOW DENSITY RESIDENTIAL (LDR) Max. SD.U./Acre * NOTE: Areas adjacent to Town Square shown N �"• with the current FLU classifications MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 10 D.U./Acre W E ® HIGH DENSITY RESIDENTIAL (HDR) Max. 11 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) S - GENERAL COMMERCIAL (GC) 0 0.0125 0.025 0.05 0.075 0.1 INDUSTRIAL (I) Miles l Mixed Use (MX), Max. Density 40 du/acre Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 _ MIXED USE Medium (MXM), Max. Density 50 D.U./Acre All rights reserved - Subject to a Licence Agreement =Town Square CITY OF BOYNTON BEACH EXHIBIT C2 PROPOSED ZONING DESIGNATION FOR TOWN SQUARE Legend Zoning designations n R1A Single Family \ R2 Duplex R3 Multi Family C� C2 Neighborhood Commercial C3 Community Commercial NE E SE 2nd Ave ITIE- SE 3rd Ave�� - C4 General Commercial ® CBD Central Business District M1 Light Industrial MU -3 Mixed Use 3 C3TownSquare ■ ■ 0 0 0.01250.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement 0 aU'1iSn UNtlilanlni vla �oNwoz 030n1]Nt ION T I 3 z ZQQ 0 Q LV o6 z � m '" Iy � z v a W G i J uwi 6 N N W uv a� �u D z V Y > d W V aJ a Z W Q�Q • r•I � C u ui N O m W Z J j J Z cN O w w 00 m x X W x�v �� u N— L U Q V J J uE z u W Z z = J J 0 F' 2) ii - Q n ca v; H - w f Z vLL d w W d u u s d! 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IST STREET ------1' - ZSIRa'E 471 _—_---a----i � 'S'77.46' ----- wvzro-E 46.6' 1I r �'r W'2Z4s•E J1Jss' — — — — — — — -- — — — I j -----T----- ISI I I I j ili I — --- � I L ------ I 5 :dInab—"--LI�o- a a = sal. --- —i---- — =1 ---------— —�-- ----- --- �I -- I---�--- �'I� $ 5410 — r--- — Ee Ii — -- — — — — -- — — — r ra,•sJ'srw 3 L yn—nmvsrw 4zi:ir—T-No•JYn,=r 4aaav - —I— ------=4e0" -- ---- xo�ara�•. ]:o s,• ----- '.lie 8. `- -- -ars+. a—]a.r---- - ---�E---- SEAC-- y, y, Rv ST BWLEYARD N $.g� $.8t 8a� yY •s � �.., uRG i gs' 5., pIJ d�o R t x i sn S R "k g 0 sT SE_Iuz Hw�T -----f — I— ----- ------ ---.,amu off. ----- -- I e �I h I I � I I I I� I v E N.E.#IST STREET --_—_— g 'e SM7Z46"E 2".x' Y — cn i o I d -------------------- 9 F d c � z � I 10 i-----------—_--"�— �•�,'--———--——— — — —'—— 'I ID.. .... r, R am !f��I if ct R f � > a Oi Se• SEACREST BOUI.EYARD - _—_—_—._—_—_—_—_--.� o ,� _—_—__-__—_--__-- .__ ,•,y.,,.•wn N.E. IST SlREET $017Z45"E 273 - if if if — — — — — — --- — lay �'� .i ii"� / � " I ®m ®� a . 0-.000 f0 if 0 C) if if if bo IH7 mo SEACRESLSKLLO �11 01 L DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Beach Gateway Police Station (CDPA 17-010) APPLICANT: Colin Groff, Assistant City Manager APPLICANT'S ADDRESS: 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 20, 2018 APPROVAL SOUGHT: Community Design Appeal approval for Boynton Beach Gateway Police Station from Chapter 4, Article III, Section 3.G., "Overhead doors facing rights- of-way", located immediately north of Fire Station #5, at the SE corner of Gateway Boulevard and High Ridge Road. LOCATION OF PROPERTY: SE corner of Gateway Boulevard and High Ridge Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: '1 ()ATE y.Ay Clerk S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Gateway Police Station\CDPA 17-010\DO.doc EXHIBIT T" CONDITIONS OF APPROVAL Project Name: Boynton Beach Gateway Police Station File number: CDPA 17-010 Reference: 2nd review plans identified as a New Site Plan with a January 9, 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. Approval is subject to approval of the concurrent application for Major Site Plan Modification. X COMMUNITY REDEVELOPMENT AGENCY Comments: N/A. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. Page 703 of 808 Boynton Beach Gateway Police Station (CDPA 17-010) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Gateway Police Station\CDPA 17-010\COA post P&D.doc •IWAVE Ill] O■►'III\: - F +l1 " �C. • '. I gyp, 4 •IWAVE Ill] O■►'III\: I � � 00 •�E ww d� „��•, 51 Tt 9 r - " 7-1 1 I � � 00 •�E ww d� „��•, 51 Tt 9 r O—f g" CO r— hit on m U o m m --------_ ---------- CO W on m U o m m I, O C T O m j wgW Q w 3 009 E s a� a m m I, O C T O m 8 I'M O-- O— O- n 1 R ° g 2 }i t �WIL !t LLL � 0 Jill ll N CD LU C O ONO <?838b G LLL N CD C O T m A�� -.. o+n+wreoueauo i � I / i s RM � ap A "Wt H4 d j� I I � / I Jj: 1 L N8BY615•W ,5�z� � ' F �` d f,_ rn F ag N 25 F o o A ill N � m � g a S RORrn Mml 11. mi WN it g fill < BOYNTON BEACH 013 9 09 0 01 IQ"9pl 2 -DMT R[iIDW1TK ' 2 Kimley»>Horn POLICE DEPT SITE PLAN °E°' 201 OSHUAD 1fNMGP.E.IN" y ' DM 1 1101 A111 "I SHDYN O PREPARED FOR SDH u� "Rv e HJ HIGH BOY TON BEACH - .ION o.rt: 12/21/2017 REN9W5 DATE M DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME' Boynton Beach Gateway Police Station (MSPM 17-010) APPLICANT: Colin Groff, Assistant City Manager APPLICANT'S ADDRESS: 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 20, 2018 APPROVAL SOUGHT: Major Site Plan Modification approval to construct a two-story, 53,800 square foot police station and associated site improvements immediately north of Fire Station #5, at the SE corner of Gateway Boulevard and High Ridge Road. LOCATION OF PROPERTY: SE corner of Gateway Boulevard and High Ridge Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Gateway Police Station\MSPM 17-010\DO.doc EXHIBIT C Conditions of Approval Project Name: Boynton Beach Gateway Police Station File number: MSPM 17-010 Reference: 2"d review plans identified as a Major Site Plan Modification with a January 9, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. At time of permit submittal, on C1.00 please relocate the wall/fence further east at the "exit only" driveway to ensure they will not interfere with sight distance of vehicles exiting the Police Department. Please utilize FDOT standard (Sec. 546) for sight distance requirements. Additionally, ensure the planting scheme of trees does not impact sight distance at the exit. X FIRE Comments: None. All previous comments addressed at DART meeting. POLICE Comments: None. All previous comments addressed at DART meeting. BUILDING DIVISION Comments: None. All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 2. Seventy-five (75) % of the landscape islands do not appear to conform to the minimum code requirements of 15 foot width in any dimension and 224 square feet in area. Please demonstrate compliance. At time of permit submittal, please depict compliance with this code section. X 3. At time of permit submittal, please provide one (1) set of manufacturer paint color chips for the buildings, wall, and dumpster enclosure. X BB Gateway Police Station (MSPM 17-010) Conditions of Approval Page 2 of 2 DEPARTMENTS I INCLUDE REJECT 4. At time of permit submittal, please provide 24" X 36" color building elevations of the vehicle storage building, including the appropriate X cladding and paint colors to match the proposed Police building. 5. At time of permit submittal, please provide drawing demonstrating visibility and screening of rooftop equipment. X 6. At time of permit submittal, please provide light pole and fixture details, including materials and colors. X 7. At time of permit submittal, please provide details of the dumpster enclosure including proposed material, size, color and gates. X 8. At time of permit submittal, please demonstrate compliance with the grassed parking provisions of the Code. X 9. At time of permit submittal, please provide details of the butler building depicting the cladding and painting to resemble the principal building. X 10. Please provide a traffic concurrency approval letter from Palm Beach County Traffic Engineering. If not received prior to project approval, applicant will be required to comply with any recommendations X outlined in the concurrency deemed necessary by the City, at the City's sole discretion. 11. The Public Art component of the project will be one (1) percent of the estimated construction value. Please coordinate with the Public Arts X Manager to determine the best way to incorporate art into the project. COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 12. At time of permit submittal, please add three (3) more handicap parking spaces to the site plan. 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I € 'Al $,$ $ X `e ESB °� t84a4F!p99i1 m E ERE'..®B gg$gB®C'®o`a! 8Y Y aL � � t� jj1 �; ��'�®®ee •1i� 3aa�g�@�s �'�o� RY Xc7 �a<a L— — — — — — — — — — — ( 5' N 14 p. eR Pu, fit a �j t,[H-T-� 4A 1. p. 1. pill of hs'fAgJAII-A �0 on OHM 14-0 ? > 9 I�T 14 1 fit > j If I SII I � BOYNTON BEACH � 04390900, �CT Kimley)))Horn 2 mm POLICE DEPT PREPARED MR SITE PLAN JDSHUA D HORNK RE CD 80TON BEACH HJ HIGH � 675�5 UM 12/21/2017 SUNRISE, FLORIDA RESOLUTION NO. A RESOLUTION OF THE CITY OF SUNRISE, FLORIDA, CALLING ON THE STATE OF FLORIDA, GOVERNOR RICK SCOTT, PRESIDENT DONALD TRUMP, AND THE FEDERAL GOVERNMENT TO REDUCE GUN VIOLENCE IN AMERICA AND HELP PREVENT FUTURE SHOOTINGS BY REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE; SUPPORTING THE PASSAGE OF A RED FLAG LAW; SUPPORTING RAISING THE AGE FOR LEGAL PURCHASE OF FIREARMS, MAGAZINES AND AMMUNITION TO 21; SUPPORTING THE PASSAGE OF LEGISLATION THAT WOULD KEEP MILITARY - STYLE WEAPONS AND HIGH-CAPACITY MAGAZINES AWAY FROM OUR SCHOOLS; AUTHORIZING THE CITY CLERK TO TRANSMIT THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Sunrise City Commission has repeatedly passed Resolutions urging State and Federal elected bodies to strengthen gun laws meant to protect our community; and WHEREAS, National and State leaders continue to fail to act to implement sensible gun law reforms that are supported by a majority of the nation; and WHEREAS, an increase in the amount of hate groups, international and Ione wolf domestic terrorism, underfunded community mental health programs, and easy access to military grade, high capacity magazine assault weapons have created circumstances which have led to an unprecedented number of mass shootings in American communities in recent years; and WHEREAS, in recent years, mass shootings involving military grade -high capacity magazine assault weapons have occurred in 2007 at a college in Virginia, and in 2012 at a Century 16 Movie Theater in Aurora, Colorado; and WHEREAS, in February 2013, in the wake of numerous mass shootings culminating in the Sandy Hook Elementary School shooting in Newtown, Connecticut, the City Commission of the City of Sunrise passed Resolution No. 13-21 to urge the federal government to reduce gun violence in America through the "Fix Gun Checks Act;" and KAKRG0219 1 C18 WHEREAS, in January 2014, the City Commission of the City of Sunrise passed Resolution No. 14-9 to support efforts to reduce gun violence and illegal firearms trafficking through more responsible gun sales and marketing practices; and WHEREAS, further mass shootings occurred in the 2015 attack at the Inland Regional Center in San Bernardino, California; the 2016 attack on the Pulse nightclub in Orlando, Florida; and the 2017 attack at the Route 91 Harvest Festival in Las Vegas, Nevada; and WHEREAS, on November 5, 2017, a mass shooting occurred at the First Baptist Church in Sutherland Springs, Texas in which 26 were killed and injured 20 others. As has been noted, "the attack was the deadliest mass shooting by one person in Texas and the fifth -deadliest mass shooting in the United States. It was the deadliest shooting in an American place of worship in modern history, surpassing the Charleston church shooting of 2015[3] and the Waddell Buddhist temple shooting of 1991."; and WHEREAS, on February 14, 2018, a mass shooting occurred at Marjory Stoneman Douglas High School in Parkland, Florida killing 17 students, teachers and coaches and wounding 14 others, 5 with life-threatening injuries; and WHEREAS, an AR -15 -style rifle was used in the mass shootings in Newton, Connecticut; Aurora, Colorado; San Bernardino, California; Las Vegas, Nevada,- Sutherland evada;Sutherland Springs, Texas; and Parkland, Florida; and BACKGROUND CHECKS FOR ALL SALES AND TRANSFERS WHEREAS, according to Everytown For Gun Safety, which is an independent, non-partisan 501(c)(3) organization dedicated to understanding and reducing gun violence in America: • Background checks are a central component of America's efforts to keep guns from criminals: since their inception, they have blocked over 3 million gun sales to prohibited purchasers. • According to a study by the Department of Justice, between 1994 and 2014, federal, state, and local agencies conducted background checks on more than 180 million firearm applications and denied 2.82 million gun sales to prohibited purchasers. KAKRG0219 2 C18 WHEREAS, despite this success, the system is undermined by legal loopholes and missing records that enable too many dangerous individuals to obtain weapons they later use in crimes; and WHEREAS, it is estimated that state and federal agencies have failed to report more than one million records of persons with dangerous mental illness into the National Instant Criminal Background Check System ("NICS") which initiates background checks into three databases: the National Crime Information Center (NCIC), the Interstate Identification Index, and the NICS Index; and WHEREAS, on April 16, 2007, Seung -Hui Cho shot and killed 32 people at Virginia Tech with guns that were legally purchased because records of his mental health status were missing from the NICS; and WHEREAS, on January 8, 2011, Jared Loughner, someone with a reported history of drug abuse and serious mental illness who should have been in the NICS database but was not, killed six Tucsonans — Christina -Taylor Green, Dorothy Morris, Judge John Roll, Dorwan Stoddard, Phyllis Schneck, and Gabe Zimmerman — and shot 13 others, including U.S. Congresswoman Gabrielle Giffords; and WHEREAS, on July 20, 2012, James Holmes, using a semi-automatic rifle and other guns, allegedly shot and killed 12 people and injured at least 58 others in a movie theater in Aurora, Colorado, using some of the thousands of rounds of ammunition that the shooter had recently purchased online without any background check; and WHEREAS, on August 5, 2012, Wade Michael Page, using a semi-automatic handgun, allegedly shot and killed 6 people and injured 3 others at a Sikh temple in Oak Creek, Wisconsin; and WHEREAS, on October 21, 2012, Radcliffe Haughton, using a semi-automatic handgun, shot and killed his estranged wife and two others; and though a restraining order had been issued against Haughton — making him a prohibited person under federal law — Haughton was able to avoid a background check by purchasing the gun from a private seller through armslist.com; and WHEREAS, on December 14, 2012, Adam Lanza, using two semi-automatic handguns, shot and killed 27 people, including 20 children at Sandy Hook elementary school; and KAKRG0219 3 C18 WHEREAS, the shooter in the Sutherland Springs, Texas massacre should have been prevented from purchasing any firearm because of a domestic violence conviction and court-martial while in the United States Air Force. However, according to news reports, the Air Force did not provide the conviction to the FBI National Crime Information Center database; and WHEREAS, in the wake of the Virginia Tech shootings, Virginia and other states have submitted hundreds of thousands of new mental health records into the NICS database, yet 19 states have each submitted fewer than 100 mental health records since that massacre; and WHEREAS, under federal law, licensed gun dealers are mandated to conduct NICS checks before proceeding with a sale, but this requirement does not apply to so- called private sellers who are present in large numbers at gun shows and sell guns over the internet; and WHEREAS, it is estimated that 6.6 million guns were sold privately in the U.S. between November 2011 and November 2012, and undercover investigations have shown that many private sellers at gun shows and online will proceed with sales even when they are made aware that prospective purchasers cannot pass a background check; and WHEREAS, more than 12,000 Americans are murdered with guns every year, and too many of these crimes are committed by individuals who are barred from purchasing or possessing guns under federal law; and WHEREAS, other tragedies including the 1999 Columbine High School shooting in Colorado, the 2010 attack on law enforcement at the Pentagon, and the 2012 mass shooting at a Pittsburgh psychiatric clinic were perpetrated by individuals who obtained guns through unregulated private sales, with no paperwork required and no questions asked; and WHEREAS, the Fix Gun Checks Act was introduced in the U.S. Congress, and this legislation would have addressed the two major flaws in the nation's gun background check system by improving compliance with federal record reporting requirements, and by requiring background checks for all U.S. gun sales; and WHEREAS, 90 percent of Americans and 90 percent of gun owners support fixing gaps in the gun background check database, and 86 percent of Americans, 82 KAKRG0219 4 C18 percent of gun owners nationwide, and 74 percent of National Rifle Association ("NRA") members support mandatory criminal background checks for all gun sales; and WHEREAS, the City of Sunrise has been a strong advocate for common-sense policies that keep guns out of dangerous hands while respecting the rights of law- abiding gun owners, and strongly believes that Congress and state governments should take action to close deadly gaps in the NICS; and WHEREAS, more than 50 national organizations support closing gaps in the gun background check database and requiring a background check for all gun sales, including the U.S. Conference of Mayors, National Urban League, National Association for the Advancement of Colored People, and the National Coalition Against Domestic Violence, the International Association of Chiefs of Police, the Major Cities Chiefs Association and the Police Executive Research Forum; and RED FLAG LAWS WHEREAS, implementation of RED FLAG LAWS, allows the community to protect itself and according to Everytown For Gun Safety: • Like many mass shooters, the 19 -year-old suspected of shooting and killing at least 17 people and injuring at least 14 others at a high school in Parkland, Florida displayed warning signs prior to the shooting. Unfortunately, Florida does not have a Red Flag Law—a law increasingly being adopted by states that empowers family members and law enforcement to seek an Extreme Risk Protection Order, a court order temporarily restricting a person's access to guns when they pose a danger to self or others. Five states have Red Flag Laws in place—and bills are currently pending in another 18 states; • Red Flag Laws can save lives by creating a way for family members and law enforcement to act before warning signs escalate into tragedies; • When a person is in crisis, loved ones and law enforcement are often the first to see signs that they pose a threat. Red Flag Laws allow them to seek help from a court to remove guns from dangerous situations; • Red Flag Laws empower law enforcement and immediate family members to petition a court for an Extreme Risk Protection Order, sometimes called a Gun Violence Restraining Order. • If a court finds that a person poses a significant danger of injuring themselves or others with a firearm, that person is temporarily KAKRG0219 5 C18 prohibited from purchasing and possessing guns and is required to turn over their guns while the order is in effect. • Five states have Red Flag Laws—and bills are currently pending in another 18 states, including Florida; • A nationwide study of mass shootings from 2009 to 2016 revealed that in least 42 percent of those incidents, there is documentation that the attacker exhibited dangerous warning signs before the shooting. • The alleged mass shooter who shot and killed 17 people and injured 14 others at a high school in Parkland, Florida on February 14, 2018 also displayed warning signs prior to the shooting. He was expelled from school, and students and teachers reported that he displayed threatening behavior. His mother contacted law enforcement on multiple occasions regarding his behavior, and he was known to possess firearms. • Final orders—which generally last for up to one year—can only be issued after notice and an opportunity to be heard. At the hearing, the person would have the chance to respond to evidence that they are too dangerous to have a gun. • A temporary order—which typically lasts 14 to 21 days—can be issued before a full hearing is held, but only if there is clear evidence that an order is necessary to prevent immediate danger. WHEREAS, currently pending in the Florida Legislature is House Bill 231/Senate Bill 530 which would implement a Red Flag Law, and had these bills been passed and signed into law, there is a high likelihood the Parkland massacre would have been averted and those loved ones saved; and MINORS UNDER FLORIDA LAW ARE PERMITTED TO PURCHASE GUNS WHEREAS, according the Giffords Law Center to Prevent Gun Violence: • Laws imposing minimum age requirements for the possession and purchase of firearms are intended to decrease access to firearms by young people and, correspondingly, to decrease the number of suicides, homicides, and unintentional shootings among that population; • In 2014, 21,101 people under the age of 21 were shot by guns. 3,265 died from those gunshot wounds. Of these deaths, 1,925 were classified as homicides, 1,145 as suicides, and 122 as the result of unintentional shootings; KAKRG0219 6 C18 • Firearms were used in 41 % of suicide deaths among individuals under age 21 in 2014. WHEREAS, according the Giffords Law Center to Prevent Gun Violence: • Federal law in this area distinguishes between long guns (assault style rifles, rifles and shotguns) and handguns, and between gun possession and gun sales. Federal law also provides stronger age restrictions for sales by licensed gun sellers. • Licensed firearms dealers may not sell or deliver a handgun or ammunition for a handgun to any person the dealer has reasonable cause to believe is under age 21. • Dealers may not sell or deliver a long gun, or ammunition for a long gun, to any person the dealer knows or has reasonable cause to believe is under age 18. • Unlicensed persons may not sell, deliver or otherwise transfer a handgun or handgun ammunition to any person the transferor knows or has reasonable cause to believe is under age 18, with certain exceptions. • Unlicensed persons may sell, deliver, or otherwise transfer a long gun or long gun ammunition to a person of any age. WHEREAS, in summary, with some exceptions, federal law prohibits the possession of a handgun or handgun ammunition by any person under the age of 18 but does not set a minimum age for the possession of long guns or long gun ammunition; and WHEREAS, under Florida law, the purchase of a long gun is allowed for a person under 21 years of age; and WHEREAS, in order to restrict such purchase and/or possession of a long gun, high capacity magazines and ammunition, the Florida legislature would need to amend Fla. Stat. §§ 790.17(2), 790.18; Fla. Stat. § 790.22(3), (5); and ASSAULT WEAPON AND HIGH CAPACITY MAGAZINE RESTRICTIONS HAVE BEEN HELD CONSTITUTIONAL WHEREAS, Maryland, Connecticut and New York, in response to mass shootings resulting in the massacre of students, teachers and others, passed similar prohibitions on sales of assault weapons and large capacity magazines; and KAKRG0219 7 C18 WHEREAS, after lengthy ligation, those laws were upheld by U.S. Federal Courts as constitutional, concluding that the Second Amendment does not reach to protect the purchase and sale of weapons of war. Kolbe v. Hogan, 849 F.3d 114 (Fourth Cir. 2017); New York State Rifle and Pistol Ass'n, Inc. v. Cuomo, 804 F.3d 242 (Second Cir. 2015); and WHEREAS, in response to the Sandy Hook massacre, Maryland enacted the State's Firearm Safety Act of 2013 (the "FSA"), which bans the AR -15 and other military -style rifles and shotguns (referred to as "assault weapons") and detachable large -capacity magazines, providing "that a person may neither "transport an assault weapon into the State" nor "possess, sell, offer to sell, transfer, purchase, or receive an assault weapon." See Md. Code Ann., Crim. Law § 4-303(a). The banned assault weapons include "assault long gun[s]" and "copycat weapon[s]." Id. § 4-301(d)."; and WHEREAS, the Maryland FSA defines an assault long gun as a rifle or shotgun "listed under § 5-101(r)(2) of the Public Safety Article," including the "Colt AR -15," "Bushmaster semi -auto rifle," and "AK -47 in all forms." See Md. Code Ann., Crim. Law § 4-301(b); Md. Code Ann., Pub. Safety § 5-101(r)(2). The list of prohibited rifles and shotguns consists of "specific assault weapons or their copies, regardless of which company produced and manufactured that assault weapon." See Md. Code Ann., Pub. Safety § 5-101(r)(2)"; and WHEREAS, the Maryland "FSA provides a separate definition for a copycat weapon that is premised on a weapon's characteristics, rather than being identified by a list of specific firearms. In relevant part, a copycat weapon means: (i) a semiautomatic centerfire rifle that can accept a detachable magazine and has any two of the following: 1. a folding stock; 2. a grenade launcher or flare launcher; or 3. a flash suppressor; (ii) a semiautomatic centerfire rifle that has a fixed magazine with the capacity to accept more than 10 rounds; (iii) a semiautomatic centerfire rifle that has an overall length of less than 29 inches; * * * (v) a semiautomatic shotgun that has a folding stock; or (vi) a shotgun with a revolving cylinder. See Md. Code Ann., Crim. Law § 4-301(e)(1)."; and WHEREAS, "[i]n banning large -capacity magazines along with assault weapons, the FSA provides that "[a] person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine that has a capacity of more than 10 rounds of ammunition for a firearm." See Md. Code Ann., Crim. Law § 4-305(b). A detachable magazine is defined as "an ammunition *123 feeding device that can be removed readily from a firearm without requiring disassembly of the firearm action or without the use of a tool, including a bullet or cartridge." Id. § 4-301(f)."; and KAKRG0219 8 C18 WHEREAS "[u]nder the FSA's exceptions, "[a] licensed firearms dealer may continue to possess, sell, offer for sale, or transfer an assault long gun or a copycat weapon that the licensed firearms dealer lawfully possessed on or before October 1, 2013," and "[a] person who lawfully possessed, has a purchase order for, or completed an application to purchase an assault long gun or a copycat weapon before October 1, 2013, may ... possess and transport the assault long gun or copycat weapon." See Md. Code Ann., Crim. Law § 4-303(b)(2), (3)(i). The FSA does not ban the possession of a large -capacity magazine. Further, the FSA explicitly allows the receipt and possession of an assault weapon or large -capacity magazine by a retired Maryland law enforcement officer if the assault weapon or large -capacity magazine "is sold or transferred to the person by the law enforcement agency on retirement" or "was purchased or obtained by the person for official use with the law enforcement agency before retirement." Id. § 4-302(7).", and WHEREAS the Kolbe Court stated "[s]imply put, AR -15 -type rifles are "like" M16 rifles under any standard definition of that term. See, e.g., Webster's New International Dictionary 1431 (2d ed. 1948) (defining "like" as "[h]aving the same, or nearly the same, appearance, qualities, or characteristics; similar"); The New Oxford American Dictionary 982 (2d ed. 2005) (defining "like" as "having the same characteristics or qualities as; similar to"). Although an M16 rifle is capable of fully automatic fire and the AR -15 is limited to semiautomatic fire, their rates of fire (two seconds and as little as five seconds, respectively, to empty a thirty -round magazine) are nearly identical. Moreover, in many situations, the semiautomatic fire of an AR -15 is more accurate and lethal than the automatic fire of an M16. Otherwise, the AR -15 shares the military features—the very qualities and characteristics—that make the M16 a devastating and lethal weapon of war."; and WHEREAS, the Kolbe Court held "[w]hatever their other potential uses— including self-defense—the AR -15, other assault weapons, and large -capacity magazines prohibited by the FSA are unquestionably most useful in military service. That is, the banned assault weapons are designed to "kill[ ] or disabl[e] the enemy" on the battlefield. See J.A. 735. The very features that qualify a firearm as a banned assault weapon—such as flash suppressors, barrel shrouds, folding and telescoping stocks, pistol grips, grenade launchers, night sights, and the ability to accept bayonets and large -capacity magazines—"serve specific, combat -functional ends." See id. at 1120. And, "[t]he net effect of these military combat features is a capability for lethality— more wounds, more serious, in more victims—far beyond that of other firearms in general, including other semiautomatic guns." Id. at 1121-22."; and KAKRG0219 9 C18 WHEREAS, the Kolbe Court found, "[I]ikewise, the banned large -capacity magazines "are particularly designed and most suitable for military and law enforcement applications." See J.A. 891 (noting that large -capacity magazines are meant to "provide[ ] soldiers with a large ammunition supply and the ability to reload rapidly"). Large - capacity magazines enable a shooter to hit "multiple human targets very rapidly", "contribute to the unique function of any assault weapon to deliver extraordinary firepower", and are a "uniquely military feature[ ]" of both the banned assault weapons and other firearms to which they may be attached. See id. at 1151."; and WHEREAS, the Kolbe Court concluded, "[b]ecause the banned assault weapons and large -capacity magazines are clearly most useful in military service, we are compelled by Heller to recognize that those weapons and magazines are not constitutionally protected."; and WHEREAS, the en banc panel of the Fourth Circuit in Kolbe held that "[1] banned weapons and magazines were not protected by Second Amendment; [2] the Maryland FSA did not violate Equal Protection Clause; and [3] the Maryland FSA was not void for vagueness under Due Process Clause;" and WHEREAS, the Kolbe holding that such reasonable restrictions did not violate the Second Amendment was consistent with the earlier holding of the Second Circuit in New York State Rifle and Pistol Ass'n, Inc. v. Cuomo, 804 F.3d 242 (Second Cir. 2015) which held: "[1] laws prohibiting possession of certain semiautomatic weapons, large - capacity magazines, and on number of bullets in a magazine would be reviewed under intermediate scrutiny; [2] prohibitions on possessing certain semiautomatic assault rifles with one or more military -style features did not violate the Second Amendment's right to bear arms; [3] prohibitions on possessing large -capacity magazines not violate the Second Amendment's right to bear arms; [4] New York law prohibiting possession of a magazine for a firearm loaded with more than seven rounds violated the Second Amendment right to bear arms; [5] laws criminalizing possession of magazines that could be "readily restored or converted to accept" more than ten rounds were not unconstitutionally vague; [6] Connecticut law prohibiting possession of certain specified firearms and any "copies or duplicates thereof with the capability of the listed models was not unconstitutionally vague; [7] New York law prohibiting possession of semiautomatic pistols that were semiautomatic versions of an automatic rifle, shotgun or firearm" was not unconstitutionally vague; and [8] provision of New York law prohibiting semiautomatic assault rifles with a "muzzle break" was not unconstitutionally vague;" and KAKRG0219 10 C18 WHEREAS, presently pending in Florida is similar legislation, Senate Bill 196/House Bill219 which would prohibit "the sale or transfer of an assault weapon or large -capacity magazine; specifying circumstances in which the manufacture or transportation of assault weapons or large -capacity magazines is not prohibited; providing enhanced criminal penalties for certain offenses when committed with an assault weapon or large -capacity magazine, etc.;" and WHEREAS, following the lead of other states, and having had Federal Courts consistently hold that such restrictions are constitutional, it is time to implement such restrictions; and FLORIDA LAW INAPPROPRIATELY PUNISHES ELECTED OFFICIALS FOR TRYING TO PROTECT THEIR RESIDENTS WHEREAS, in 1987, the Florida Legislature passed Chapter 87-23, Laws of Florida, which created Florida Statutes section 790.33 and declared the preemption of the whole field of regulation of firearms and ammunition, reserving the exclusive right to regulate and/or enforce any laws involving firearms and ammunition to the Florida Legislature and the State of Florida; and WHEREAS, in 2011, the Florida Legislature passed and Governor Scott signed Chapter 2011-109, Laws of Florida to allow the Governor to remove from office, without due process of law, any person acting in an official capacity for a local authority, including an elected official, who passes an ordinance or causes to be enforced a local ordinance, administrative rule or regulation impinging on the exclusive authority of Florida legislature to regulate firearms and ammunition in all respects; and WHEREAS, the 2011 Amendment to Florida Statutes section 790.33 provides for personal liability of any person who enacts or causes to be enforced any local ordinance impinging upon the Legislature's occupation of the whole field of regulation of firearms and ammunition; and WHEREAS, the 2011 Amendment to Florida Statutes section 790.33 also provides that if a Court finds a willful or knowing violation of the prohibition on the ability of local government to regulate or enforce firearms or ammunition in any regard, the Court may impose a personal fine of up to $5,000 on the elected or appointed local government official(s) or administrative agency head and cause the county, agency, municipality, district or other entity to reimburse the legal cost of those who sue to overturn the ordinance, rule, regulation and/or enforcement effort and to pay their actual damages; and KAKRG0219 11 C18 WHEREAS, pursuant to Florida Statutes section 790.33, local communities appear powerless to enumerate elements of the standard of care which should be met to protect the community; and WHEREAS, the City Commission of the City of Sunrise urgently requests the Governor and Legislature of the State of Florida to address this deficit in law by enacting legislation that would allow municipalities the ability to address these public health, safety and welfare items by enacting local legislation without fear of removal from office, in accordance with the unique local characteristics of a community and with due respect to the risk to public; and WHEREAS, local governments have a duty to protect their residents, visitors, tourists and businesses and that such duty should not be infringed upon by State government. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNRISE, FLORIDA: Section 1. The foregoing Whereas clauses are hereby ratified and incorporated as the legislative intent of this Resolution. Section 2. The City supports federal legislation that would require a background check for every firearm sale whether the legislation is enacted by passage of the Fix Gun Checks Act in the United States Congress or some other legislation. Section 3. The City urges the Florida legislature to immediately pass House Bill 231/ Senate Bill 530, popularly described as a "Red Flag Law," to protect our community from those who are identifiable as a threat to safety and security. Section 4. The City urges immediate amendment to Florida law to raise the age for legal purchase of guns, including long guns, high capacity magazines, and ammunition to 21 years of age. Section 5. The City urges immediate passage of legislation that would get military -style weapons and high-capacity magazines away from our community and especially our schools and that would increase the minimum age to purchase and possess a weapon from age 18 to age 21. KAKRG0219 12 C18 Section 6. The City urges the Florida legislature to repeal the draconian punitive punishments of elected officials set forth in Florida Statutes section 790.33. Section 7. The City urges Florida Governor Rick Scott to take action to pass gun reform, even if it means extending the 2018 legislative session, to: a. Raise the minimum age to allow the purchase of guns and ammunition to 21; b. Eliminate the loopholes in the private transfer of weapons and require full background checks for all sales and transfers of firearms; C. Repeal the prohibitions and penalties in Section 790.33(3), Florida Statutes; d. Enact legislation regarding Red Flag Law to allow Extreme Risk Protection Orders such as those proposed in House Bill 231 and Senate Bill 530; e. Enact the Gun Safety legislation set forth in Senate Bill 196 and House Bill 219 to place constitutional restrictions on the sale and transfer of assault -style weapons and high-capacity magazines. Section 8. The City Clerk is hereby directed to distribute this Resolution to President Donald Trump, Governor Rick Scott, the United States Congressional Delegations from Florida, the Broward County Legislative Delegation, and the Broward League of Cities. Section 9. Effective Date. This Resolution shall be effective immediately upon its passage. PASSED AND ADOPTED THIS DAY OF , 2018. Mayor Michael J. Ryan KAKRG0219 13 C18 MOTION: SECOND: DOUGLAS: KERCH: SCUOTTO: SOFIELD: RYAN: Approved by the City Attorney as to Form and Legal Sufficiency. Authentication: Felicia M. Bravo City Clerk Kimberly A. Kisslan KAKRG0219 14 C18 PJ 1 RESOLUTION NO. 2018 -XXX 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 4 WILTON MANORS, FLORIDA, CALLING UPON FEDERAL AND 5 STATE LEGISLATORS TO ENACT GUN CONTROL 6 LEGISLATION TO PREVENT MASS SHOOTINGS AND LARGE 7 SCALE HUMAN LOSS OF LIFE AND SUFFERING FROM MASS 8 SHOOTINGS IN AMERICA; PROVIDING FOR CONFLICTS; 9 PROVIDING FOR SEVERABILITY; AND PROVIDING AN 10 EFFECTIVE DATE. 11 WHEREAS, it is with a heave heart that the City Commission of the City of 12 Wilton Manors once again takes up the issue of gun control following the mass shooting at 13 Marjory Stoneman Douglas High School in Parkland, Florida, on Valentine's DaL 14 February 14, 2018, where fourteen ( 14) students ranging in age between 14 and 17 were 15 killed along with three (3) teachers, and fifteen (15)people were wounded; and 16 WHEREAS, an increase in the amount of hate groups, international and lone 17 wolf domestic terrorism, underfunded community mental health programs, and easy 18 access to military grade, high capacity magazine assault weapons have created 19 circumstances which have led to an unprecedented number of mass shootings in 20 American communities in recent years; and 21 WHEREAS, in recent years mass shootings involving military=—grade-high 22 capacity magazine assault weapons have occurred at a college in Virginia, at Sandy 23 Hook Elementary School in Monroe, Connecticut, at Century 16 Movie Theater in 24 Aurora, Colorado, at a retirement party in a social services office in San Bernardino, 25 California, at a church in Charleston, South Carolina, at the Pulse Nightclub in Orlando, 26 Florida and most recently the Route 91 Harvest Festival in Las Vegas, Nevada, the 27 Sutherland Springs Church shooting in Sutherland Springs, Texas and the Marjory 28 Stoneman Douglas High School Valentine's Day Shooting in Parkland, Florida, {00219007.22976-9201291 Page 1 of 7 I resulting in the tragic death and maiming of large numbers of innocent citizens 2 (including children) at great pain and costs to their families and their -our communities; 3 and 4 WHEREAS, there have also been additional shootings at schools and other 5 public places that did not involve militaryrag de -high capacity magazine assault 6 weapons, but did involve other types of weapons, including, but not limited to, 7 handguns and shotguns; and 8 WHEREAS, according to the FBI more than 64006,100 hate crimes were 9 committed in the United States in 20146 and close to 60005,900 in 20135 and the 10 majority of these crimes are violent crimes; and 11 WHEREAS, according to the Gun Violence Archive, there have been 34 mass 12 shootings in 2018 alone; and 13 WHEREAS, according to the Gun Violence Archive, there have been 1600 14 mass shootings since 2012. Together the mass shootings have resulted in 1,829 people 15 killed and 6,447 wounded, and 16 WHEREAS, according to the "Everytown for Gun Safety Support Fund", there 17 are on average 96 Americans killed by guns each day, 13,000 gun homicides a year in 18 the United States and there is an average of 50 women shot to death per month by their 19 intimate partners; and 20 WHEREAS, according to the "Everytown for Gun Safety Support Fund", seven 21 children and teens are killed by guns on an average day in the United States; and (00218007.2 2976-92012911 Page 2 of 7 I WHEREAS, the American Medical Association has deemed "uncontrolled 2 ownership and use of firearms a serious threat to public health because the weapons are 3 one of the main causes of intentional and unintentional injuries and deaths;" and 4 WHEREAS, according to The American Journal of Medicine, Americans are 5 10 times more likely to be killed by guns than people in other developed countries; and 6 WHEREAS, the military scaled weaponry used in the recent mass shootings in 7 the United States exceeds the weaponry generally available to local law enforcement 8 officers putting them and residents in their communities in unnecessary peril; and 9 WHEREAS, military grade -high capacity assault weapons and the grave hazard 10 they present to communities and innocent citizens, have no valid role to serve in 11 community and civilian life and are even disavowed by most reputable pro -hunting 12 organizations; and 13 WHEREAS, according to multiple national surveys, the majority of the 14 American public including legal gun owners, support extensive background checks 15 for gun ownership and limiting the availability and use of military grade, high 16 capacity magazine assault weapons to bona fide and highly trained law enforcement 17 agencies; and 18 WHEREAS, the enactment of reasonable changes in gun laws and regulations 19 would go a long way towards keeping guns out of the hands of criminals, making 20 our communities safer, and preventing deaths; and 21 WHEREAS, pursuant to section 790.033, Florida Statues, the regulation of 22 firearms is preempted to the State of Florida; and 23 WHEREAS, section 790.033 prohibits the City from adopting any ordinance or (00218007.2 2976-9201291) Page 3 of 7 administrative rule or regulation pertaining to firearms and ammunition; and 2 WHEREAS, in recognition of the existence of section 790.033, this Resolution 3 shall not constitute an administrative rule or regulation of firearms or ammunition; 4 and 5 WHEREAS, by enacting this legislative position, the City Commissioners and 6 the City Commission seek to exercise their individual and collective first amendment 7 right to express a position on a matter of great public importance:; and 8 WHEREAS, in Dougan v. Bradshaw, 198 So. 3d 878 (Fla. 4°i DCA 2016) the 9 4°i DCA held that Palm Beach County Sheriff Ric Bradshaw could not enforce a 10 policy of taking a firearm from an individual believed to be suicidal and conditioning 11 the return of the firearm on a court order as a result of the preemption set forth in 12 section 790.033; and 13 WHEREAS, in 2016 more than 100 medical organizations signed a letter to 14 Congress asking to lift the Dickey Amendment that banned the Center for Disease 15 Control from researching guns as a serious public threat; and 16 WHEREAS, the City Commission, urges the United States Congress and State 17 legislators to utilize their lawful authority to enact gun legislation that would: 18 1. effectively ban military -style assault weapons, such as AR -15s, and 19 their component parts, including high-capacity magazines and bump stocks, 20 limiting the use of these weapons to bona fide and highly trained law 21 enforcement agencies; and 22 23 2. bar or impose limitations upon persons convicted of hate crimes or 24 domestic abuse from obtaining guns; and 25 26 3. allow the attorney general to deny a gun sale to anyone if he or she has a 27 "reasonable belief' that the buyer was likely to engage in terrorism; and 28 (00218007.2 2976-9201291( Page 4 of 7 1 4. require that law enforcement be alerted when anyone on the terror watch 2 list attempts to buy a weapon from a licensed dealer; and 3 4 5. prohibit anyone on the federal terrorist "no-fly" list from purchasing 5 weapons; and 6 7 6. close the "gun show and internet sales loopholes" by requiring every gun 8 purchaser to undergo a background check, and to expand the background 9 check database; and.. 10 11 7. require background checks to ensure that gun buyers do not have a 12 history of mental illness-, and 13 14 8. repeal the Dickey Amendment; and 15 16 6-.9. repeal the preemption set forth in section 790.033 and allow local 17 government to adopt and implement reasonable rules, regulations and 18 policies to regulate firearms to better protect the public. 19 20 WHEREAS, the City Commission of the City of Wilton Manors not 21 only extends its condolences to the victims and their families of the shooting 22 at Marjory Stoneman Douglas High School in Parkland, Florida, but also, 23 once again, strongly urges our State and Federal legislators to immediately 24 address this issue. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 26 OF THE CITY OF WILTON MANORS, FLORIDA, THAT: 27 28 Section 1. The City Commission calls upon our elected Federal and State 29 Legislators to enact gun control legislation to prevent mass shootings and large scale 30 human loss of life and suffering from mass shootings in America, and to do so with 31 the sense of urgency and commitment in the face of ongoing tragic and unnecessary 32 loss of life triggered by mass shootings and high powered, military grade, high 33 capacity magazine assault weapons. 34 Section 2. The City Commission requests that all concerned residents of 100218007.2 2976-9201291) Page 5 of 7 f I the City of Wilton Manors, Broward County, the State of Florida and our Country, 2 call, write or e-mail their state and federal elected officials to support the 3 enactment of gun con control legislation. 4 Section 3. The City Clerk is directed to cause a copy of this Resolution t o 5 be forwarded to the Broward League of Cities, the Florida League of Cities, the 6 United States Conference of Mayors, the United States Congressional Delegation 7 from Florida and the Broward County Legislative Delegation. 8 Section 4. All Rresolutions or parts of Rresolutions in conflict herewith, be 9 and the same are repealed to the extent of such conflict. 10 Section 5. If any Ssection, sentence, clause or phrase of this Resolution is held 11 to be invalid or unconstitutional by any court of competent jurisdiction, then said holding 12 shall in no way affect the validity of the remaining portions of this Resolution. 13 Section 6. 14 passage and adoption. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 This Resolution shall become effective immediately upon its PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, THIS _ DAY OF FEBRUARY, 2018. CITY OF WILTON MANORS, FLORIDA ATTEST: FAITH LOMBARDO CITY CLERK I HEREBY CERTIFY that I have approved the form of this Resolution. (00218007.2 2976-9201291) GARY RESNICK, MAYOR RECORD OF COMMISSION VOTE MAYOR RESNICK VICE MAYOR FLIPPEN COMMISSIONER CARSON COMMISSIONER GREEN COMMISSIONER NEWTON Page 6of7 4 KERRY L. EZROL, ESQ. 5 CITY ATTORNEY 7 W28/16 Mi (00218007.2 2976-9201291) Page 7 of 7 February 201h, 2018 To: the Mayor, the Commissioners, the City Manager and the City Attorney: The Community Standards Division (Glenn Weixler) in 7/2017, charged Lucy Land, LLC, with erroneous code violations at 703 S. Federal Highway were: an unpermitted fence; that cars cannot be parked there. 1. On 2-27-13, we received a final fence approval by Glenn Weixler (Permit No. 1200003710). In 7/ 2017, when he issued us the code violation he obviously did no permit research and he seems to have forgotten he approved the fence. That violation has been verbally dismissed, but the Community Standards (Mr. Woods) would not eliminate it from the violation paperwork so it continues to be printed each time with the other violation. It is intended to continually make us look like we are a violator. 2. In 9/2016, Mario Faga, Pres. of Camel Towing, leased an office at 625 S. Federal Highway for his towing business and in the lease we gave him the right to park cars at 625 or 703 S. Federal Highway. He gave the Business Tax Office the "Application for Business Certificate of Use" anti the required documents as so stated on the back of this form: the Lease and his checks for licenses. He also gave them the "Tenant/Landlord Verification" form which was not a written requested item. 3. On 9-26-16 the Business Tax Office issued him two Business Tax Receipt Licenses: a General Warehouse/Storage ($243.11); and Offices Executive & Administration ($97.24). 4. Then, 7 months later the City issued a Code Violation against us instructing us to remove the Camel Towing cars from 703 S. Federal Highway. We had no legal authority to remove their cars as they had a Lease with us and the City issued them 2 Business Tax licenses on 9-26-16. This harassment by the City caused them to move and we lost a very professional business. 5. "The Boynton Beach, FL Code of Ordinances: Article 1. Business Tax Receipts and Certificate of Use. Sec. 13-9. Issuance of Certificate of Use. C. No Certificate of Use or Business Tax Receipt shall be issued unless it is found that the proposed business and location comply with city zoning codes and other applicable city ordinances." The City approved and issued 2 Business Tax Receipts licenses to Camel Towing on 9-26-16. 6. The City approved Camel Towing and gave them licenses to perform their business so they did not violate the alleged City codes. Since they were not the violator we were not either. 7. The violator in this situation is the City. The City liked our Tenant when it took the Tenant's money and then 7 months later the City wanted them to leave the Fed. Hwy. location. The City approved the towing company to park their vehicles at 703 S. Fed. Hwy. (C-3 zoning) and the Community Standards has attempted to blame us for Camel Towing parking in the C-3 zoning. 8. Tonight we are requesting that you sign our "Motion to Dismiss" this erroneous code violation. Thank you. Mary Law, Ma aging Member, Lucy Land, LLC, 625 and 703 S. Fed. Hwy, Boynton Beach, FL 33435. Phone No. (561) 699-1252 cc. Florida Governor Scott; Magistrate Carol Ellis. CITY OF BOYNTON BEACH MOTION TO DISMISS CODE VIOLATION Vs. Lucy Land, LLC CASE NO. 17-00001253 We HEREBY file this MOTION TO DISMISS CODE VIOLATION to be heard on February 201h, 2018 before the Boynton Beach City Commission for the following reasons: 1. The City of Boynton Beach issued Permit No. 1200003710 on 2-27-13 for the fence at 703 S. Federal Highway, Boynton Beach, FL. 2. On 9-26-16 the City of Boynton Beach issued two Business Tax Receipts licenses for Camel Towing based on receiving all the required documents (Application For Business Certificate Of Use; lease; fees; Tenant/Landlord Verification): a General Warehouse/Storage ($243.11); and Offices Executive & Administration ($97.24). ("The Boynton Beach, FL Code of Ordinance: Article 1. Business Tax Receipts and Certificate of Use. Sec. 13-9. Issuance of Certificate of Use. C. No Certificate of Use or Business Tax Receipt shall be issued unless it is found that the proposed business and location comply with city zoning codes and other applicable city ordinances.") 3. The only violator in this matter is the City of Boynton Beach as they no longer wanted Camel Towing to be located at 625 and 703 S. Federal Highway even though they issued two Business Tax Receipts licenses to them. We respectfully request that the City of Boynton Beach grant our MOTION TO DISMISS and dismiss this code violation. WE HEREBY CERTIFY that a true copy of the foregoing was provided by email to the City Attorney ocherof@city atty.com) and the City Manager (laverrierel@bbfl.us) on February 201h, 2018. 0 -W�O Mary Law, Managing Member, Lucy Land, LLC 625 S. Federal Highway, Boynton Beach, FL 33435 Phone No. (561) 699-1252; Email: marylou316@aol.com 0, . The Sierra Club is greatly concerned about the threat to 5 acres of public land north of Galaxy Elementary School, given, with clear deed restrictions, to the City of Boynton Beach by the Palm Beach County School Board in 2012. Contrary to staff assertion, this parcel contains Sand Pine Scrub — a globally threatened habitat, with at least one active gopher tortoise burrow. The Sierra Club has partnered with the City of Boynton Beach on multiple occasions, beginning in 1990 with the creation of the Kiwanis Sierra Park. We have also worked with the City on Kid's Kingdom (1995), Protection of the Quantum Sand Pine Preserve (1998), development of the Quantum Eco Park (2013 — 2016) and the Galaxy Scrub (2013 — present) In 2013, City staff approached the Sierra Club for our assistance with a program intended to "educate the community on the importance of preserving scrub sites for future generations." The City needed a 501-3C as a partner to apply for certain grants. In 2015, the City completed its Greenways Trail Plan, which includes an eco -walk through the Sand Pine Scrub and a pedestrian/bike path along • the eastern perimeter of the parcel. We are strongly in favor of maintaining this land as specified in the deed. We would like to see the City resume its partnership with Galaxy Elementary in providing the unique educational opportunities for their students, as outlined in the Urban Forestry Grant and as stated most eloquently by then Assistant City Manager, Carisse LeJuene, "We are so excited and proud that Galaxy Elementary School has obtained their Platinum LEED certification." The City Commission and staff have been 100 percent supportive of Galaxy since before its construction. We continue to partner with our school on many projects like the future wind turbines and the natural scrub restoration involving the students" she said. "These children are our future, and with the STEM curriculum, they are learning the principles of sustainability and how to be productive environmental stewards." L' • Currently, the Sand Pine Scrub is protected by a six-foot fence until such time as the City has the funds to fully implement its Greenways plan. According to the city's Forestry and Grounds manager, maintenance of the property costs about $6,000 a year, primarily for mowing the future pedestrian/bike path. The Sierra Club does not like to lend its name to projects designed to protect environmentally sensitive land, only to have those projects abandoned and the land scheduled for development. The Sierra Club does not usually provide alternative sites to proposed developments, but in this instance, we think the City should use some of the more than 70 parcels of land being held hostage by the Palm Beach County Housing Authority in Boynton Beach. At least 20 of these lots are vacant and contiguous. We suggest the City, the CRA, or Habitat for Humanity, vigorously pursue the development of these inner city lots, which have infrastructure in place. There is a need for housing in Boynton Beach to replace the Housing Authority apartments lost in the hurricanes of 2005/06. There is also a need for Boynton Beach to protect its remaining Wilderness Islands. 0 . TABLE Of CONTENTS Page 1. Sun Sentinel, "Students work with city to create scrub area." 3 Published December 16, 2015 2. Palm Beach Post, "Preserved scrub to be in Boynton 'forever."' 6 Published December 2, 2015 3. Boynton Beach City Commission Resolution R13-024 8 Resolution in favor of partnering with Galaxy Elementary and seeking the following grant 4. Florida Urban and Community Forestry Grant Proposal a. Bid #RFP/FFS-12/13-48 10 b. Grant Proposal Form 2013 11 c. Project Description (attachment D, pg 1-2) 12 d. Budget 15 e. Letters of Support 16 5. Boynton Beach Greenways, Blueways, and Trails Plan 19 Cover page of plan downloaded from City webpage 6. Map indicating Eco -trail and Pedestrian Access 20 through the Galaxy Scrub PageMof the City Greenways plan 7. What is a Sand Pine Forest? 21 8. Intergovernmental deeds to lands given to Boynton Beach a. Department of Transportation 2004 22 b. School District of Boynton Beach 2010 29 c. School District of Boynton Beach 2012 37 9. Comparison of Habitat For Humanity Boynton Beach appraisal values with Model Block appraisal. a. Ocean Breeze West 41 b. Sixth Avenue Estates 42 c. Model Block 43 10. Staff back up from the December 5,2017 City Commission meeting 44 • Sun Sentinel December 16, 2615 (author believed to be Jan Engoren) Students work with city to create scrub area :.;n Beach Mayor Jerry Taylor cuts the ribbon on the new s:_ ;nt:< laxy Elementary School students. (submitted photo / FPG) Jan Engoren jengoren@tribune.com Galaxy Elementary students create scrub area in Boynton Thanks to a public-private partnership, students from the Galaxy E-3 Elementary School Scrub Club participated in environmental educational classes learning about what constitutes a scrub and why it's important to wildlife. With students from the art, recycle and garden clubs, they helped plant 24o native scrub tree seedlings in raised bed planters and created eco -art stepping stones with exotic leaf prints for the to -acre scrub site. 0" This is a very important project for the city that exists as part of the city's climate action plan strategic plans," said Assistant City Manager Carisse LeJeune. "Not only does the scrub area help to presIrve and protect our natural flora and fauna bµt is an educational opportunity for visitors and residents of all ages." *The $47,000rouJ ro'ect was funded through the Florida Forest Service's Urban and P g Community Forestry Grant Program, the Batchelor Foundation via the Education Foundation of Palm Beach County and the city of Boynton Beach Capital Improvement • Program. Technical support was provided by the US Forest Service and the Florida Department of Agriculture & Consumer Services, Florida Forest Service. As part of Phase I to rehabilitate the scrub area, which was overgrown with exotic plants, the city and students replaced the exotic plants with native plants such as sand and fan pines, salt palmetto, scrub and myrtle oaks. The area is a natural habitat for gopher tortoises. "Part of the climate action plan is to protect and preserve the natural areas of the city," LeJeune said. In addition to creating the stepping stones, students created an informational and educational kiosk. "We want to educate kids at a young age to take pride in the area and in their natural environment and to learn the importance of the scrub area," said Glenda Hall, the city's Forestry and Grounds manager. "A child may not recognize the importance of these issues at a young age, but as they grow, they will begin to understand the importance of what we're doing." The scrub area will connect the city's Greenways area and Barton Memorial Park at ilio Northwest Fifth Street. Mary Scheitler and other members of the Boynton Beach Garden Club helped maintain the area, guide the plantings and keep the area free of weeds. Wrt teacher Wendy Skulnik, garden club teachers Wendy Romer and Klaudia Romano and recycling club teachers Ana Sheaks and Lisa Rock worked with the students in restoring the scrub area. "The children love to visit the I crub and had a wonderful time participating,j' Skulnik said. 0 0 0 • Preserved scrub to be in Boynton `forever' LOCAL By Alexandra Seltze_ - Palm Beach Post Staff Writer N Updated: 9:26 a.m. Thursday, December 03, 2015 1 Posted: 5:55 p.m. Wednesday, December 02, 2015 BOYNTON BEACH — About 15 elementary school students (members of the "scrub club") stood next to Boynton Beach Mayor Jerry Taylor on Wednesday afternoon with smiles on their faces. They counted to three and Taylor cut the blue ribbon in front of them. The Galaxy Scrub is officially open. It's a 10 -acre area that the city has worked with the Galaxy E3 Elementary students to preserve. It's at the north side of the school campus, which is at 550 Northwest Fourth The land was part owned by the Palm Beach County School District, and part owned by the city. The school district gave its land to the city for one big scrub area, said Glenda Hall, the city's forestry and grounds manager and also the project manager. Wednesday's ribbon -cutting event celebrated Phase One of the project. So far, the students have taken environmental classes to learn about scrubs and why they are important. They created eco -art stepping stones for the scrub with exotic leaf prints. And, they planted 240 native tree seedlings in raised bed planters. The city's garden club also has worked to maintain the scrub. • In the future, once the seedlings are mature, the students will plant them. The long- range plan is to make the scrub a teaching area and part of the city's greenways path. The scrub is a $47,000 project and is a public-private partnership. It was paid for through grants from the Florida Forest Service's Urban and Community Forestry Grant Program and the Bachelor Foundation via the Education Foundation of Palm Beach County. Also, money from the city's Capital Improvement Program went to the scrub. Galaxy Scrub is home to birds such as the pileated woodpecker and red -shouldered hawk. There are gopher tortoises, green anoles and black racer snakes. As far as plants, there are prickly pear, saw palmetto and scrub oak. There were several speeches at the event that complimented the work that went into the scrub and its success, but Commissioner Mike Fitzpatrick's comments were personal. Before Galaxy Elementary there was Boynton Junior High. As a student there in 1965, . Fitzpatrick rode to school on his spyder bike and played in the scrub. Boynton had less people then, and Fitzpatrick has been a witness to the bulldozers moving through to make room for development. He feared the scrub area would be gone one day. Fitzpatrick told the story while fighting tears, and said: "Now, it's here forever." Have a Boynton Beach issue you'd like to see The Post tackle, or a story idea? Contact Alex Seltzer at 561-820-4449 or ASeltzer@pbpost.com. C • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 • 19 20 21 22 23 24 25 26 27 28 29 • 30 RESOLUTION R13 - W,41 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO APPLY FOR AND EXECUTE AGREEMENTS AND DOCUMENTS ASSOCIATED WITH THE URBAN AND COMMUNITY FORESTRY GRANT ON BEHALF OF THE CITY OF BOYNTON BEACH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, trees are an important part of our community; and WHEREAS, the City of Boynton Beach desires to apply for an Urban and Community Forestry Grant which would provide monies in which to help fund the Galaxy Scrub project; and WHEREAS, the City of Boynton Beach wishes to enter into an Urban Communities Forestry Grant Memorandum of Agreement between the City of Boynton Beach, Florida and the Florida Department of Agriculture and Consumer Services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission supports the development of an educational grogram to further educate its residents and local tree services on proper tree care and naintenance. Section 3. The City Commission hereby approves of and authorizes the City Manager o enter into an Urban and Community Forestry Grant Memorandum of Grant Agreement apps3.city.cbWaute\Data\170Mtems\162\2313\3011\Reso_=Urban_Forestry_Grant.doc • 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 0 the City of Boynton Beach, Florida and the Florida Department of Agriculture and Services, a copy of which is attached hereto as Exhibit "A". Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 19 day of March, 2013. CITY OF BOYNTON BEACH, FLORIDA 1-- / Commissioner — David T. Commissioner — Woodro'WL. Hay Commissioner — MichaelM. tzpatrick Commis aner — Wayno egal kTTEST: M. Prainito, MMC Clerk \1apps3.city. cbb\auto\Data\17011tems\162\2313\3011 \Reso_-_Urban_Forestry_Grant.doc • Submit Bids to: Florida Department of Agriculture and Consumer Services 407 South Calhoun Street - Mayo Building, Room SB -8 0. Tallahassee, FL 32399-0800 ADAM H. PUTNAM COMMISSIONER Telephone: (850) 617-7181 Page 1 of 668 Pages BIDS NO. RFPIFFS-12113-48 AGENCY MAILING DATE: WILL BE OPENED MARCH 22, 2013 @ 2:00 P.M. JANUARY 28, 2013 and may not be withdrawn within 90 days after such date and time NOTICE OF INTENDED AWARD POSTING WILL BE ON OR ABOUT MAY 24, 2013 BID TITLE: 2013 NATIONAL URBAN AND COMMUNITY FORESTRY GRANT PROGRAM VENDOR NAME AUTHORIZED SIGNATURE (MANUAL) C , VENDOR MAILING ADDRESS 100 E-- Bn�41ntbn Reach Blvd. CITY - STATE - ZIP AUT ORIZED SIGNATURE (TYPED) TITLE 'F LO LaVer�t ere TEL PHONE: (<, I certify that this Proposal is made without prior understanding, agreement, or connection with any corporation firm, or person submitting a proposal for the same materials, supplies or equipment, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this Proposal and certify that I am authorized to sign this Proposal for the Proposer and that the Proposer is in compliance with all requirements of the Request for Proposal including but not limited to, certification requirements. In submitting a Proposal to an agency for the State of Florida, the Proposer offers and agrees that if the Proposal is accepted, the Proposer will convey, sell, assign or transfer to the State of Florida all rights, title and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the State of Florida. At the State's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the Proposer. • GENERAL INSTRUCTIONS TO RESPONDENTS Definitions. The definitlons found in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: (a) "Buyer" means the entity that has released the solicitation. The "Buyer" may also be the "Customer" as defined in the PUR 1000 if that entity meets the definition of both terms. (b) "Procurement Officer" means the Buyer's contracting personnel, as identified in the Introductory Materials. (c) "Respondent" means the entity that submits materials to the Buyer in accordance with these Instructions. (d) "Response" means the material submitted by the respondent in answering the solicitation. (e) "Timeline" means the list of critical dates and actions included in the Introductory Materials. 2. General Instructions. Potential respondents to the solicitation are encouraged to carefully review all the materials contained herein and prepare responses accordingly. *3. �Ipatr-anla 2-uh-m-Gs*on a! Responses, Respondents are required to submit responses electronically. For this purpose, all references herein to signatures, signing requirements, or other required acknowledgments hereby include electronic signature by means of clicking the "Submit Response" button (or other similar symbol or process) attached to or logically associated with the response created by the respondent within MyFloridaMarketPlace. The respondent agrees that the action of electronically submitting its response constitutes: • an electronic signature on the response, generally, • an electronic signature on any form or section specifically calling for a signature, and • an affirmative agreement to any statement contained in the solicitation that requires a definite confirmation or •acknowledgement. Terms and Conditions. All responses are subject to the terms of the following sections of this solicitation, which, in case of conflict, shall have the order of precedence listed: • Technical Specifications, • Special Conditions and Instructions, • Instructions to Respondents (PUR 1001), • General Conditions (PUR 1000), and • Introductory Materials. The Buyer objects to and shall not consider any additional terms or conditions submitted by a respondent, including any appearing in documents attached as part of a respondent's response. In submitting its response, a respondent agrees that any additional terms or conditions, whether submitted intentionally or Inadvertently, shall have no force or effect. Failure to comply with terms and conditions, including those specifying information that must be submitted with a response, shall be grounds for rejecting a response. *6. Questions, Respondents shall address all questions regarding this solicitation to the Procurement Officer. Questions must be submitted via the Q&A Board within MyFloridaMarketPlace and must be RECEIVED NO LATER THAN the time and date reflected on the Timeline. Questions shall be answered in accordance with the Tirneline. All questions submitted shall be published and answered In a manner that all respondents will be able to view. Respondents shall not contact any other employee of the Buyer or the State for information with respect to this solicitation. Each respondent is responsible for monitoring the MyFloridaMarketPlace site for new or changing information. The Buyer shall not be bound by any verbal information or by any written information that is not contained within the solicitation documents or formally noticed and issued by the Buyer's contracting personnel. Questions to the Procurement Officer or to any Buyer personnel shall not constitute formal protest of the specifications or of the solicitation, a process addressed in paragraph 19 of these Instructions. • GENERAL INSTRUCTIONS: Please complete all items pertaining to the Category Grant for which you are applying. The proposal packet must not exceed thirty (30) one sided pages, including attachments. All attachments must be 8 1/2" X 11", except any attached sketches, plans and maps which must be no larger than 2'X 3' and folded into 8 1/2" X 11". Six (6) copies (one copy with original signatures and five copies) of the proposal packet including the proposal form, the project description and all attachments must be received no later than 2:00 p.m., March 22, 2013, at: BID NUMBER: RFP/DM- 12/13 OPENING DATE: March 22, 2013 @ 2:00 PM ATTACHMENT D FLORIDA URBAN AND COMMUNITY FORESTRY GRANT PROPOSAL FORM 2013 Department of Agriculture and Consumer Services Purchasing Office - U&CF - 2013 PROPOSAL 407 S/ Calhoun Street Mayo Building - Room SB -8 Tallahassee, FL 32399-0800 Telephone (850) 617-7181 If you have any questions, please see ATTACHMENT O, "Florida Forest Service District/Center Contacts" PROPOSER INFORMATION (Please Print or Type) Project Title: Boynton Beach Urban Forestry Education Program Proposer Name: City of Boynton Beach Name and Title of Contact Person: Glenda Hall, Forestry & Grounds Manager Address: 100 E. Boynton Beach Blvd., Boynton Beach, Florida Dip: 33435 Phone: (561) 742-6228 FEID Number 59-6000282 US Congressional District Number: 23 Is your organization a Non-profit corporation pursuant to Chapter 617, Florida Statutes? Yes No X If the applicant is a city or county government, does your urban forestry program have the following: Professional Staff, in-house or contracted. List qualifications such as ISA certification, forestry degree, etc: Kevin Hallahan, Urban Forester, Bachelor of Science Degree in Resources Management and Glenda Hall. Forestry and Grounds Manager, Bachelor of Science in Environmental Horticulture and ISA Certified Arborist Citizen Tree Advisory Board or Tree Advocacy Group. Describe: Yes, the City has a Recreation & Parks Board Urban Tree Inventory or Management Plan, how current? Update in process; started July 2012 with complete GPS coordinates. species and size. Working east to west ..... Drevious inventory in 2003 but no GPS coordinates and generic types of palms and trees. Tree Ordinance covering either public or private lands, describe: City Code of Ordinances, Land Development Ordinance, Chapter 4. Site Development Standards, Article 1. Environmental Protection Standards, "City Tree Preservation Ordinance". The purpose of this ordinance is to govern the protection of existing desirable trees in conjunction with encouraging the installation of new appropriate trees in locations and quantities throughout the City. As the duly authorized representative of the Proposer named above, I hereby certify that all parts of the proposal and required grant information have been read and understood and that all information submitted herein is true and correct. thorized Executive Officer: Lori LaVerriere le: Citv Manager Signature: �d Ad _�- Date: 03/20/2013 zr City of Boynton Beach ATTACHMENT D (continued — pg 1) • PROJECT DESCRIPTION Urban and Community Forestry Grant Proposal Describe the local community and the current urban forestry program. This is one of six Sand Pine scrub sites scattered throughout the City of Boynton Beach, ranging in size from seven to fifty-five acres. Then ten -acre Galaxy Scrub site is located in a blighted under -served neighborhood. This site was selected due to the large quantity of nuisance exotics in some areas of the scrub. The City of Boynton Beach, with a population of 67,000, is an environmentally progressive community. The City received the Florida City and County Manager Association 2012 Award for Program Excellence - Climate Action Plan Best Practice Local Government. Previous U&CF Grants received by the applicant. When they were implemented, and what did they accomplish? The City of Boynton Beach received two grants in 2005, under the Emergency Hurricane Supplemental Urban and Community Forestry Grant program. The City's urban tree canopy sustained substantial damage from the 2004 hurricanes, Francis and Jeanne. The funding enabled the City to remove damaged trees from Boynton Beach Memorial Park and medians on Federal Highway and replace them with native palms and trees to reduce potential damage from future storms. Both were very successful projects. Describe the goals and objectives of this project. Goal:Educate the community on the importance of preserving scrub sites for future generations. Objective: Provide educational hands-on workshops in the 10 -acre scrub site Objective: Use digital and social media in education process • Objective: Place an informational kiosk at the scrub site entrance to educate visitors Objective: Re-establish the native scrub site by removal of the nuisance exotics, re -planting native trees and creating a raised bed seedling nursery. To accomplish this, the City has dedicated our Forestry & Grounds Manager, Historic Preservation Planner and Urban Forester. The City has also partnered with Palm Beach County School District (who donated 5 acres of this site to the City in 2012), University of Florida WAS Extension, the Boynton Beach Garden Club, Lowes, and TD Bank. Describe how this project will develop and improve the program in the long-term. By providing two access gates, students will plant, grow, and care for native plant seedlings for future re -nourishment of the scrub. Students, with the help of teachers, will participate in on- site educational workshops hosted by the City and partners; learn about the destructive nature of exotics and the benefits of native plants and trees. Students, along -side our community partners, will plant native seedlings, grasses and shrubs in a raised bed seedling nursery in the south east section of the scrub. At two of the workshops the students will create dated leaf print stepping stones. These stones will be used as part of the pathways within the scrub. This project will serve as a model for other schools that have similar scrub sites and the need for perpetual care. In 2012, the Palm Beach County School District donated the 5 -acres adjacent to the City owned site for preservation. The City is responsible to maintain the site and will continue to work with partners throughout the future. Students from Galaxy Elementary School (adjacent to the scrub, recently renovated, re -opening in the fall of 2013, as the first LEED Platinum School in Florida), will be young stewards of the scrub. • Describe why these funds are needed to complete this project. Drive by, walk around or bike through any park areas and its inevitable, exotics are taking over and strangling our native trees and plants. Starting out as a few vines, here and there and slowly, over time, they are like City of Boynton Beach ATTACHEMNT D (continued Pg 2) a cancer consuming what was a beautiful tree canopy. Without dedicated partners with a long • term goal in mind, it can be a difficult battle. The City is budgeting dollars over the next five years for removal of exotics and planting of some native trees but does not have the funding to also include the start up costs associated with this project. Our community partners will donate manpower and the school will commit to a long-term partnership with the City. Through the Urban and Community Forestry Program we can begin our journey. For a tree planting: Describe what species are being planted and why. How will they be installed and maintained (be brief and concise, but complete)? While the focus of this project is education, we plan to plant a mixture of the Sand Pine scrub species including trees, shrubs and ground cover for the enrichment of habitat for the Gopher Tortoise, Scrub Jay, and other scrub fauna. The City will be responsible to maintain the trees with a temporary reclaimed water supply. What environmental or educational value will the community derive from this project? Environmental Value: Improved and increased habitat for the Gopher Tortoise, Scrub Jay and fauna of the pine scrub. Educational Value: Students learn what makes up a scrub, why you need to maintain it and as it improves, how it will provide a better habitat for Gopher Tortoise, Scrub Jay and fauna. What steps have been taken to carry out this project in a cost effective manner? The City is dedicating staff as in-kind support to oversee the project. Community partners are also providing employees as volunteers. Educational materials will be distributed via digital means and social media. Teachers and students will attend educational sessions and work in the scrub • as part of their school curriculum. How will this project increase citizen involvement and support for the community's urban forestry program in the long term? What evidence of community support for this project can be produced? This initial phase of educating the community of the importance of preserving the scrub is supported by the local government, school district, nonprofit and business partners. Letters of support are attached. We envision this as a first site with other schools and community partners joining in the effort as awareness is increased. How will this project be publicized in the local community? The city of Boynton Beach Public Information Officer will post informational announcements on its website, Facebook page, twitter and send press releases to the local newspapers for publication. In addition, Galaxy School will promote through its Parent/Teacher news publications. Tree City or Tree Campus USA certification and growth award, last year current? We have held the Tree City USA certification for 29 consecutive years. Will a Certified Arborist or a graduate forester from an accredited four year Bachelor of Science in Forestry program oversee this project? If not, who will provide oversight and what are their credentials? Yes, Kevin Hallahan, Urban Forester, Bachelor of Science Degree in Resources Management and Glenda Hall, Forestry and Grounds Manager, Bachelor of Science in Environmental Horticulture and ISA Certified Arborist. What new partnerships will the project create or encourage? • This education project will foster the development of long-term relationships between the City of Boynton Beach, as the educator, the students at Galaxy Elementary school, as the young stewards, and the community, as supporters and volunteers in preserving the scrub for future generations of people, plants and wildlife. BID NUMBER: RFP/DM,- 12/13 OPENING DATE: March 22, 2013 @ 2:00 PM ATTACHMENT E • BUDGET Activity: Information and Education Specific Description: On -Site, Hands -On Educational Workshops for Children and Adults SUMMARY OF COSTS Contractual costs Personnel costs Travel costs Equipment costs Supplies costs Operating costs Tree costs Overhead costs Total Requested Grant (1) *otal Matching Costs (II) (A 50/50 match on behalf of the Proposer is required) REQUESTED GRANT $ 10,400 0 0 0 3,799 3,250 2,551 0 20,000 N/A LOCAL MATCH $ 8,900 0 0 4,057 4,250 2,793 0 N/A 20,000 Total Program Costs (III) $40000 Add columns I and II for total III (100%) 50 % Grant request 50 % Local match A BUDGET DETAILING ALL COSTS IDENTIFIED ABOVE MUST BE ATTACHED. PROJECT LOCATION INFORMATION (Please print or type - Complete where applicable) County Palm Beach County Describe the Specific Location of the Project: Just east of 1-95 and north of Boynton Beach Blvd. in Boynton Beach. Who has responsibility for overseeing Project implementation (name and title): Glenda Hall. Forestry and Grounds Manaeer Who has maintenance responsibility for the Project after completion: Lord LaVerriere, City Manager Is the Land Ownership Public or Private? Public Name of Landowner: City of Boynton Beach Project Title: Boynton Beach Urban Forestry Education Program Oplicant Name: City of Boynton Beach Email Address: 100 E. Boynton Beach Blvd, Boynton Beach, FL 33435 3 Mr. Edmund Capitano Ms. Lisa Steele Principal Assistant Principal 0 4,'ELEEMENTARY GALAXY E3 SCHOOL "Where all children learn and achieve." March 1, 2013 To whom it may concern, Galaxy E3 Elementary School is located adjacent to the 5 -acre Galaxy E3 Scrub site in Boynton Beach, Florida. Our new school campus is currently under construction and will open in the fall of 2013, as the only LEED Platinum School in the state. Our focus is three fold, Energy, Environment and Engineering. In addition to meeting basic state grade level standards, the curriculum at Galaxy E3 will prepare students for a future where science and technology play a major role. We have partnered with the City of Boynton Beach to ensure the preservation of the Galaxy Scrub site and to enhance our student's learning about the environment. • We fully support the City of Boynton Beach's grant application for funding through the Urban & Community Forestry Program. The hands-on learning opportunity that this funding provides goes hand in hand with our educational objectives. The workshops and planting of native seedlings, grasses and trees is yet another means to actively engage our students and the community in the preservation of the Galaxy Scrub habitat. The native species that our students plant this fall will grow to re -nourish the scrub for years to come and will be repeated annually through our partnership. We hope that you will agree this is a unique educational opportunity for generations of students at Galaxy E3 Elementary School and will also fully support this request for funding. Sincerely, =' Jc C6Sal _'--f� Edmund F. Capitano Principal Galaxy Elementary School 1712 NE 2nd Ave. Delray Beach, FL 33444 Ph. (561) 739- 5600 Fax (561) 739-5650 IM Bank America's Most Convenient Bank* • March 4 2013 Ms. Carisse LeJeune, Assistant City Manager City of Boynton Beach 100 E Boynton Beach Blvd Boynton Beach, FL 33435 Dear Ms. LeJeune: Thank you for the opportunity to discuss the Florida Scrub Project in partnership with Galaxy Elementary School. I recently met with Debbie Majors, CPRP Grants Coordinator for the City of Boynton Beach and Glenda, the Forester to discuss their plans for the conversion of land behind the new Galaxy Elementary School to Florida scrub land. They had submitted an application for a grant through TD Green Streets to begin this project. The costs of this project will require additional grants. An additional grant for this project is called the Urban & Community Forestry Grant and is through the Florida Department of Agriculture. The grant funds educational opportunities for youth and the project seems to align very well with their goals. The City is partnering with Galaxy Elementary School to engage their students and teachers in a long-term scrub re -nourishment program. The City and their partners will provide educational hands-on learning workshops where the participants will learn about the negative impact of exotic plant life and the benefits of native plants and trees. In addition students will plant native seedlings, grasses, and shrubs in a raised planting bed in the southeast corner of the scrub site to kick off the re -nourishment program. These plantings will be annual events to replace the removed exotics and share the knowledge with students and teachers. Over the years, generation after generation of Galaxy alumni will return to the site to see the benefits of their involvement and the scrub site revitalized; inviting birds and other wildlife to make it their home. We support this activity and plan to participate in the educational programs offered to students in the area We appreciate your support for this program. Sincerely, Candace Morrow Vice President Store Manager RECEIVED ON 14AR go 13 City Manager's Oncce Boynton Beach Garden Gub 331 NW 1' Ave Boynton Beach, FL 33435 February 27, 2013 Glenda Hall Forestry and Grounds Manager City of Boynton Beach Dear Glenda I MAR ' The Boynton Beach Garden Club supports your efforts wholeheartedly to get a grant to help educate the children at Galaxy Elementary School In the practice of growing and nurturing plants for future use. By planting and growing the plants themselves and then planting them at Galaxy Scrub Sadjacent to Galaxy Elementary School the students can watch the growth process and know that they are part of preserving the scrub habitat. We would be glad to help in any way possible. Sincerely Boynton Beach Garden ub Marianne Madyda, corresponding secretary 0 • 'Boynton Beach Greenways, B[ueways, and Trails Plan IC 0 • BOYNTON BEACH GREENWAYS, BLUEWAYS, AND TRAILS PLAN FIGURE 4: EXISTING FACILITIES 771 OLD BOYNTON RD AV Min ., YNTON 8 BLVD CEAN ..' --. - C O E + j OCEAN DR #F 1 e_ /1 BRIGHT RD t ------- '� WO.OI,.BRIG J C) L E 23 A* a Sw LF RD Legend — .— BE 31 s -L� _,- Existing Bike Lanes r I C/oeu tM 6SIDM 19LL R0 911011 Existing Paved Shoulders - SoauNl Scrub /NSD Existing Shared Use Pathwa; _ Preaerva - Heritage Trail • • Eco -Trail '` GULF TREAM B Vib; .__....+ IiNbtFi Pedestrian AccasslBikeways - Eco Walk Horse Access — Promenade NE 3rd Ave ' y l_L ! E Boynt r BP.9 Bivd BOYNTON BEACH PROMEHAOE i City Parks Scrub Area D 3 -NE let Ave S - = Preserve i5 j is i OceenA ® Tri -Rail Station _ -_ _-. = bcta" n., - 1 t aTri -Rail % m ' SE IstA" E i m — FEC Railway j m + --SE 2nd A. Water Bodies ..._, r � sE2nd we r Boynton Beach City Limits! S, A.e Adjacent Municipalities 0 0 :1-L z -_� -4=— HYPOLURO RD t1q � i Y .J F IA p '` l_ ' NsassassaA . °C o f l W IFIRINGFIELD BLVD�� 4.._ M , + . Se ' - Mw=P Ro NE 1b AVE / T Lpr= a ( }L. GATEW B _': [ d __ .._ NE ZO AVE '- ... _ C. STAN Y WEAVER CANAL _. ` �Z __.. _ ,�+•�++r-""' NE Ic 4Vc 771 OLD BOYNTON RD AV Min ., YNTON 8 BLVD CEAN ..' --. - C O E + j OCEAN DR #F 1 e_ /1 BRIGHT RD t ------- '� WO.OI,.BRIG J C) L E 23 A* a Sw LF RD Legend — .— BE 31 s -L� _,- Existing Bike Lanes r I C/oeu tM 6SIDM 19LL R0 911011 Existing Paved Shoulders - SoauNl Scrub /NSD Existing Shared Use Pathwa; _ Preaerva - Heritage Trail • • Eco -Trail '` GULF TREAM B Vib; .__....+ IiNbtFi Pedestrian AccasslBikeways - Eco Walk Horse Access — Promenade NE 3rd Ave ' y l_L ! E Boynt r BP.9 Bivd BOYNTON BEACH PROMEHAOE i City Parks Scrub Area D 3 -NE let Ave S - = Preserve i5 j is i OceenA ® Tri -Rail Station _ -_ _-. = bcta" n., - 1 t aTri -Rail % m ' SE IstA" E i m — FEC Railway j m + --SE 2nd A. Water Bodies ..._, r � sE2nd we r Boynton Beach City Limits! S, A.e Adjacent Municipalities 0 0 • Florida sand pine scrub Most ecoregions described in this conservation assessment are ecosystems of regional extent covering at least 10,000 km2. An important exception, and one of the smallest ecoregions in the continental U.S., is the Florida Sand Pine Scrub (hereafter scrub), which occurs as a small archipelago of sandy ridges and limestone areas restricted to central and southern Florida, and a narrow stretch along the Gulf coast of Florida. The extraordinary biodiversity found within these units, a significant portion of which is restricted to these habitats, warrants their elevation to ecoregion status. The biodiversity of these islands is greatly threatened by development, but the state of Florida has made major efforts to purchase remaining scrub habitats. • STATUS Critical/Endangered • HABITATS escription iological Distinctiveness Scrub is frequently cited as Florida's most distinct ecosystem; physiognomy and composition are quite distinct from surrounding habitats and between 40-60 percent of scrub species are considered to be endemic. Scrub contains a biological treasure house of plants and animals adapted to life on scattered ridges of sand; the ancient origins of these sand dune communities date back to the Pliocene savannas, and provide a relic example of an extremely old and formerly extensive ecosystem (Deyrup and Eisner 1993). Scrub vegetation represents an exceedingly xeric plant community in an otherwise lush, subtropical belt. Scrub is often defined botanically as a xeromorphic shrub community dominated by a layer of evergreen or nearly evergreen oaks (Quercus geminata, Q. myrtifolia, Q. inopina, Q. chapmanii) or Florida rosemary (Ceratiola ericoides) or both, in the presence or absence of an overstory of sand pine (Pinus clausa) occupying well -drained, infertile, sandy soils (Myers 1990). Three units of scrub can be defined: inland peninsula, coastal peninsula, and coastal panhandle (Myers 1990). The scrub is home to about 100 plant species, about one- third endemic to this ecoregion (Fergus 1993). An even higher number of invertebrates (45+) are endemic to the harsh desert -like conditions. Perhaps the flagship animal species of this part of the ecoregion is the scrub jay (Aphelocoma coerulescens coerulescens), a distinct race recently elevated to species rank, that has evolved an interesting social system in the scrub islands. High genetic variability among scrub species is likely, as many are poor dispersers. The largest blocks of scrubs are inland scrubs and the best studied is the Lake Wales Ridge, home to the Archbold Biological Station. Many of the vertebrate and invertebrate species endemic to the scrub have been studied here. Other islands of scrub are less well studied and under great threat from development. • • I=MAMMA--ft CFN 20040637326 OR BK 17745 PG 0419 RECMDBD 11/09/2M4 99t26:11 Palo Beach County, Florida Dorothy N Wilk". Clerk of Court w-spD.oz 08/99 P94 0419 - 426) tapga) This instrument prepared under the direction of:*lly:* Lautice Mayes, Esquire Legal descrip ' n prepare Greenhorne & 'Mara, Inc. 701 No kway, Suite 100 West P Bea orida 33407 O Parcel Nos.: 40, 82, 89, 156 Item/Segment No.: N/A State Project No.: 9322-202 Managing District: Four County: Palm Beach State Road No.: 9 (I-95) u!j QUITCLAIM DEED O Public Purpose THIS INDENTURE, s t2� day of NOVP�m bCX 2004, by and between the STATE OF FLORIDA, by and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, Party of the First Part, whose address is 0 West Commercial Boulevard, Fort Lauderdale, Florida 33309 and the City of Boynton Beach, Parry of th c Part, whose address is: 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425. O WITNESSETH WHEREAS, said land hereinascribed was heretofore acquired for state highway purposes; and WHEREAS, said land is no Ion �re uired for such purposes, and the Party of the Fust Part, by action of the District Secretary, District Four, Floria ent of Transportation on Fe pursuant to the provisions of Section 337.25(4), Florida Stagreed to quitclaim the land hereinafter described to the Party of the Second Part without consideration, to solely for public purposes. NOW, THEREFORE, THIS INDEN ESSETH: That the Parry of the First Part does hereby remise, release and quitclaim unto the Party of the o t, and assigns, forever, all the right, tide and interest of the State of Florida Department of Transportatio erty herein described to be used solely for public purposes, pursuant to the provisions of Section 337. a Statutes, all that certain land situate in Palm Beach County, Florida, viz: See Exhibit "A", consisting of six pages, aO o and made a part hereof. Reserving unto the Grantor all rights of access, ingress e ss, light, air and view between the Grantor's remaining property and any facility constructed along the described,I ted Access Right of Way line. TO HAVE AND TO HOLD the said premises and the t�r ces thereof unto the Party of the Second Part, subject, however, to the following conditions: � THAT existing utilities remain in place and in use with no exp utility owner and subject to any easement of record. The property herein described is to be used for &4=k by the Party of the Second Part. If the property ceases to be used for the above described purpose all property rights shall revert back to the said Party of the First Pan. RESERVING UNTO THE PARTY OF THE FIRST PART and its successors, an undivided three- fourths interest in, and tide in and to, an undivided three-fourths interest in all the phosphate, minerals and metals that are or may be in, on, or under the said land and an undivided one-half interest in all the petroleum that is or may be in, on, or under said land with the privilege to mine and develop the same on aIl lands wherein the grantor holds the requisite interest. Book I7745/Paoe419 Paae 1 of 8 • • State Project No. 9322-202 Parcel Nos. 40, 82, 89, 156 (parts) IN WITNESS WHEREOF, the State of Florida Department of Transportation has caused these presents to be signed in the name of the State of Florida Department of Transportation by its District Secretary, Distr� our and its seal to be hereunto affixed, attested by its Executive Secretary, on the date first above written.-,-----\\ Signed, in our t it � �`,i^ STATE OF FLORIDA COUNTY OF BROWARD STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION �- --� District Secretary District IV Attest: /1lmMq Name: MARIA GUTIERRFZ Executive Secretary acv The foregoing instrument was acknowledged by a0151, by RICK CHESSER , District Secretary for District Four, who is person o by me or who has produced as identification. (NOTARIAL SEAL) ta.sAHuuol>:" Tint Name -A My comma n rom otary Public in MM: wT 22, 2006 otmty and Stag 8orMftmOA&SOMP MR y Commission Book 17745/Paoe420 Paae 2 of 8 • C • LEGEND, 8 AND L •ARC LENGTH OF CURVE � BASELINE OF SURVEY •CENTERLINE •CENTRAL ANGLE OF CURVE CLF •CHAIN LINK FENCE C.B. •CHORD BEARING OF"CURVE COR. -CORNER D -DEGREE OF CURVATURE EXIST. • EXISTING F.P. •FINANCIAL PROJECT FDOT •FLORIDA DEPARTMENT OF TRANSPORTATION FD. • FOUND INT. •INTERSECTION IR •IRON ROD (LT) •LEFT L/A •LIMITED ACCESS N/A NOT APPLICABLE NO. •NUMBER O.R.B. • OFFICIAL RECORD BOOK RT. - OFFSET RIGHT PG. • PAGE P.B.CO.•PALM BEACH COUNTY PK •PARKER KALON ( P ) • PLAT P.B. •PLAT BOOK 1 PLUS OR MINUS P.O.B. •POINT OF BEGINNING P.O.C. •POINT OF COMMENCEMENT P.C. •POINT OF CURVATURE P.T. •POINT OF TANGENT R -RADIUS OF CURVE RGE. -RANGE R /W . RIGHT OF WAY SEC. •SECTION SF •SQUARE FEET S.R. •STATE ROAD STA. •STATION TWP. •TOWNSHIP WPI • WORK PROGRAM ITEM STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT FOUR RIGHT OF WAY MAPPING 3400 WEST COMMERCIAL BLVD. FORT LAUDERDALE, FLORIDA 33309 (954)777-4550 ��RE VI SI On�er T " I- \.11111 11 AT I ON MAP I T TO SCALE SURVEYOR'S NOTES �1) Bearing basis for Exhibit "A" Is the West line of the S.W.I/4 of Sec. 21, Twp. 45 S., Rge. 43 E., as shown on the FOOT Right of Way Map Section No. 93220-2412. Sold line bears North 01°36'31" West. D ormatlon shown hereon for State Road 1095) Ts based on the FOOT Right of Section No.93220-2412 and lease 4 t per O.R.B.2925. PG.1320, by FOOT. 3) Putfor Exhibit "A" is SURPLUS. 4) All I s are calculated unless other stifled. 5) This sketc xists solely for the purpose of illust t g o legal descrlptTon to which It ached. 6) The noise w cotton shown hereon was surveyed by G orne 8 O'Moro, Inc. on April 30. 2 7) a denotes +urea to be surplus. 8) FDOT to retain a 15 foot maintenance and access easement along the limited access right of way line. NOT A SURVEY PARCELS 40, 82, 88, 89 8 156 (PART) FLORIDA DEPARTMIENT OF TRANSPORTATION RIGHT OF NAY MAPPING RIGHT OF WAY PARCEL SKETCH STATE ROAD NO.9 (1-95) PALM BEACH COUNTY B• DATE AP PRO D OAiE PRELIM RI TEL 5.04-04 FINAL RIiZEL 5•21•W CHECKED T DISTRI :G.HT OF- Y SURVEY RUONO S-24.04 MAPS PREPARED BY FIEID BOOK NO. -S -- GREENw ORNE B O'MARA. INC. S21 W.P.I. NO. N/A SCALE. N/A °A'E SECTION NO.93220-2412 SHEET i OF 6 Book 17745/Paae421 Paae 3 of 8 A ` 0 ^s 1 LEGEND, 8 AND L •ARC LENGTH OF CURVE � BASELINE OF SURVEY •CENTERLINE •CENTRAL ANGLE OF CURVE CLF •CHAIN LINK FENCE C.B. •CHORD BEARING OF"CURVE COR. -CORNER D -DEGREE OF CURVATURE EXIST. • EXISTING F.P. •FINANCIAL PROJECT FDOT •FLORIDA DEPARTMENT OF TRANSPORTATION FD. • FOUND INT. •INTERSECTION IR •IRON ROD (LT) •LEFT L/A •LIMITED ACCESS N/A NOT APPLICABLE NO. •NUMBER O.R.B. • OFFICIAL RECORD BOOK RT. - OFFSET RIGHT PG. • PAGE P.B.CO.•PALM BEACH COUNTY PK •PARKER KALON ( P ) • PLAT P.B. •PLAT BOOK 1 PLUS OR MINUS P.O.B. •POINT OF BEGINNING P.O.C. •POINT OF COMMENCEMENT P.C. •POINT OF CURVATURE P.T. •POINT OF TANGENT R -RADIUS OF CURVE RGE. -RANGE R /W . RIGHT OF WAY SEC. •SECTION SF •SQUARE FEET S.R. •STATE ROAD STA. •STATION TWP. •TOWNSHIP WPI • WORK PROGRAM ITEM STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT FOUR RIGHT OF WAY MAPPING 3400 WEST COMMERCIAL BLVD. FORT LAUDERDALE, FLORIDA 33309 (954)777-4550 ��RE VI SI On�er T " I- \.11111 11 AT I ON MAP I T TO SCALE SURVEYOR'S NOTES �1) Bearing basis for Exhibit "A" Is the West line of the S.W.I/4 of Sec. 21, Twp. 45 S., Rge. 43 E., as shown on the FOOT Right of Way Map Section No. 93220-2412. Sold line bears North 01°36'31" West. D ormatlon shown hereon for State Road 1095) Ts based on the FOOT Right of Section No.93220-2412 and lease 4 t per O.R.B.2925. PG.1320, by FOOT. 3) Putfor Exhibit "A" is SURPLUS. 4) All I s are calculated unless other stifled. 5) This sketc xists solely for the purpose of illust t g o legal descrlptTon to which It ached. 6) The noise w cotton shown hereon was surveyed by G orne 8 O'Moro, Inc. on April 30. 2 7) a denotes +urea to be surplus. 8) FDOT to retain a 15 foot maintenance and access easement along the limited access right of way line. NOT A SURVEY PARCELS 40, 82, 88, 89 8 156 (PART) FLORIDA DEPARTMIENT OF TRANSPORTATION RIGHT OF NAY MAPPING RIGHT OF WAY PARCEL SKETCH STATE ROAD NO.9 (1-95) PALM BEACH COUNTY B• DATE AP PRO D OAiE PRELIM RI TEL 5.04-04 FINAL RIiZEL 5•21•W CHECKED T DISTRI :G.HT OF- Y SURVEY RUONO S-24.04 MAPS PREPARED BY FIEID BOOK NO. -S -- GREENw ORNE B O'MARA. INC. S21 W.P.I. NO. N/A SCALE. N/A °A'E SECTION NO.93220-2412 SHEET i OF 6 Book 17745/Paae421 Paae 3 of 8 • L' • EXHIBIT "A" LEGAL DESCRIPTION Being a portion of the Northwest one-quorter (N.W.1/4) and Southwest one-quarter (S.W.I/4) of Section 21, Township 45 South, Range 43 East, lying in Palm Beach County, Florida, being more particulor)y described as follows, Commend of a found PK noil and disc marking the Southwest corner of the So west one-quarter (S.W.1/4) of Section 21, Township 45 South, 9 43 East; thence North 01°36'31'" West along the West line of sal So est one-quarter (S.W.I/4), a distance of 2,630.07 feet to the est corner of sold Southwest one-quorter (S.W.I/4); thence So 36'40" East along the North line of said Southwest one -quarte I/4), a distance of 433.90 feet to a point on the Baseline of ey for State Road 9 (1-95) as shown on the Florida Department o Tr s�portatlon Right of Way Mop Section No.93220-2412; thence continu uth 89036'40" East along the North line of sold Southwest one- r (S.W.1/4), a distance of 71.84 feet to 0 point on the existing sterly Limited Access Right of Way line for State Rood 9 (1-95) of sal��Florido Department of Transportation Right of Way Map, some poirt�la) o being the POINT OF BEGINNING: thence North 00°56'36" Wes g sold existing Easterly Limited Access Right of Way line, a disco e f 18.56 feet to a point; thence North 04°24'04" East said existing Easterly Limited Access Right of Way line, a distanc of 462.63 feet to a point; thence North 12009'56" East aloVcterline id existing Easterly Limited Access Right of Way line. a distance 79 feet to a point of Intersection with the prolongation of the of o 50.00 foot wide platted Right of Way for Northwest 12th A Cherry Hills, according to the plat thereof, as recorded in Plo 4 at Page 58 of sold Public Records; thence South 89°37'12" East al the prolongation of said centerline, a distance of 86.13 feet to 0*RI a non -tangent curve concave to the East, having a chord bearinuth 00044'49" West, a radial bearing to sold point bears Nor� 51" West, sold point also being on the existing Westerly fJ(Vay line for Woodland Avenue os shown on sold Florida Departl:�11��`lnsportation Right of Way Map, thence Southwesterly along the arc f id curve having a radius of 5,529.65 feet, through a central ang 04°32'40", and an arc distance of 438.59 feet to a point= to South 01031'31" East along said existing Westerly Right of yyy�� for Woodland Avenue and along a line being 200.00 feet East nd parallel to the Baseline of Survey of sold Florida Department of tn Right of Way Mop, a distance of 89.40 feet to a point o line of sold Southwest one-quarter (S.W.1/4); thence coh 01031'31" East along sold existing Westerly Right of Way land Avenue and said parallel line, a distance of 1,901.82oint of intersection with sold existing Easterly Ls Right of Way line for State Road 9 (1-95); thence NorthWest olong.sold existing Easterly Limited Access Right of distance of STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT FOUR RIGHT OF WAY MAPPING 3400 WEST COMMERCIAL BLVD. FORT LAUDERDALE, FLORIDA 33309 (954)777-4550 NOT A SURVEY PARCELS 40. 82. 88. 89 a 156 (PART) FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPPING RIGHT OF WAY PARCEL SKETCH STATE ROAD NO.9 (1-95) PALM BEACH COUNTY PRELIM I RI TZEL 17-0{-041 i1NAL I RITZEL 5-24-04– /tE�� _ _'V_ CK -ED 5-24-04DISTRI r cwr -DE - war """Of MAPS PREPARED 9Y FIELD BDOK NO.'S GREENHORN[ B O'MARA, INC. 521 W. P.7. NO. N/4 ,SCALE. N/A REVISIDN Br I DATE ISECTION NO.93220-2412 DEET 2 OF 6 r I—.n, i .i�,ri .�I.VG.-VY•ULAN Book 17745/Paae422 Paae 4 of 8 C J • EXHIBIT "A" LEGAL DESCRIPTION (Continued) 498.40 feet to a point; thence North 06002'35" West along sold existing Easterly Limited Access Right of Way line, a distance of 546.11 feet to a point; thence North 04120'03" West along said existing Easterly Limited Access Right of Way line, a distance of 431.35 f to a point; thence North 00056'36" West olong sold existing 4tey Limited Access Right of Way line, a distance of 437.2 he POINT OF BEGINNING. Contalni06 square feet (5.322 acres), more or less. Subject tofoot wide maintenance and access easement lying Easterly oparallel to the existing Easterly Limited Access Right of Wfpr State Road 9 (1-95). Reserving unto sold Grantor all rl�of occess, ingress, egress, light, air and view. I hereby certffact to the best of my knowledge and belief the attached legal descr tion of Parcel Nos. 40 (PART), 82 (PART), 88 (PART), 89 (PA d 156 (PART) as shown on the Right -of -Way Parcel Sketch for Road 9 (1-95) Section No.93220-2412 is true, accurate and w spored under my direction. 1 further certify that aid legal description is in compliance with the Minimum Technical Stds as set forth by the Florida Board of Professional Surveyor Mappers pursuant to Section 472.027 Florida Statutes. Florida Professional Surveyor and Greenhorne 9 O'Moro, Inc. 3223 Commerce Place, Suite t00 West Palm Beachy Flor do 33407 Date: .7.c/ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT FOUR RIGHT OF WAY MAPPING 3400 WEST COMMERCIAL BLVD. FORT LAUDERDALE, FLORIDA 33309 (954)777-4550 . 4693 NOT A SURVEY PARCELS 40. 82. 88, 89 8 156 (PART) FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPPING RIGHT OF WAY PARCEL SKETCH STATE ROAD NO.9 (1-95) PALM BEACH COUNTY DY PATE APPROVE — 0 iE FINAL RI T=EL S-04-04 FINAL RITZEL S•21-0� — CMEQ(ED OI STRI CT r -DF -war SJRVEY TRUONO S-24.04 MAPS PREPARED BY OREENHORNE B O'MARA. INC W.P.I. NO. N/A RMSION DATE [SECTION N0 93220-2412NO 93220-24 1 2 Book 1 7745/Paoe423 FIELD 900, N0.'S 521 NIA (SHEET 3 OF 6 Paae 5 of 8 • • • t . W. COR.. N. W. 1/4 1-4D,P.B.CO. BASS M T En Qu N tn N U w N N lOLl- 0 Q co — T 3 � M ze z z 3 3� ut � . Q o - U N >R V ZO N O OD T Jn rco{n0EDU AO M E�NCDw 0 QQ QTZ F— • U N Oti— �w .sn t/T a QpF—J ~ O E X H I B� I T "A" V By 50 0 50 100 w EXIST -EASTERLY m O I- gOIATEAPPROVE FINAL RI TZEL GRAPHIC SCALE 7 I" . 100' 0 GREENHORNE 8 O'MARA. INC. 521 W. P, I . N0. N /A SCALE, KNOLLWOOD SUBDIVISION ��' Mlm SHEET 4 OF 6 I (P -B-27. PG -54) en O 2ao' Ev v N Co FD- 1/2"IR J J EXIST.NOISE WALL oj'a 3 w N ') Y z y 41 =0 1 V F .I 2"1R CD _ _5! "W I+- ( RAD 1 AL-) ,L LAUREL AVE.(P) / J w MDQ ` FD P NAIL O o,�Eo ~ ^ a 3 '0 LD N W = J N O N Q � 001 — 3 com v�=�w I— "O En x91 w ti� M N J — O W V" r o O LL co = �N =I� a Q CTI z O =O/ M� �� 'D W m CO a Inlcr 'D O 2 z H 3 W N1 rn U a LA x ZIJ w_ TH AVE. Q - DREXELL AVE•05) 2 433.90 71.84' T WELLS AVE. (P) -;c< P . 3En 81 •81. 8 '^ 28. A .( ) •77.30 22 1 71 480'R +921 -- 0 n° w_Ta°:+ r SHE 5OODLANDHILLS (P. 23) o o - o ---P-. -LOCK ++----Z NOT A SURVEY 3 END OF E T NO SE WALL + 15.�'W 0 L/AI -R /W) \�N EGIN+EXIS .6'HIdGH CLF 019136'3111" W +2,630.07' - - - k BE -AR `I NG- -84 5 I -S-)- - - STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT FOUR RIGHT OF WAY MAPPING 3400 WEST COMMERCIAL BLVD. FORT LAUDERDALE, FLORIDA 33309 (954)777-4550 . I REV] SI ON Br I DATE T 7 AAC\ DWAA ADO I Air•, coin �iry n..,r........ .. .. .. Book 1 7745/Paae424 PARCELS 40. 82, 88,_ 89 8 156 (PART) FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF NAY MAPPING RIGHT OF WAY PARCEL SKETCH STATE ROAD NO.9 (1-95) V By T DATEWLIV RITZEL EXIST -EASTERLY m O I- gOIATEAPPROVE FINAL RI TZEL _ _ TRUONO LA R /W LINE ti a AAPS PREPARED BY FIE 0 BOOK N0. 'S GREENHORNE 8 O'MARA. INC. 521 W. P, I . N0. N /A SCALE, 15' MAINTENANCE ��' Mlm SHEET 4 OF 6 I 8 ACCESS EASEMENT Ev /rn EXIST.NOISE WALL oj'a (5.9'W OF L/A R/W) Z; FDP NAIL 8 DI C "KH LB696 N.LINE, S.W. 1 /4 ' K' O SEC.21 -45-43 S 89036'40" E Do v 18.56' / 268 267 2 433.90 71.84' T WELLS AVE. (P) -;c< P . 3En 81 •81. 8 '^ 28. A .( ) •77.30 22 1 71 480'R +921 -- 0 n° w_Ta°:+ r SHE 5OODLANDHILLS (P. 23) o o - o ---P-. -LOCK ++----Z NOT A SURVEY 3 END OF E T NO SE WALL + 15.�'W 0 L/AI -R /W) \�N EGIN+EXIS .6'HIdGH CLF 019136'3111" W +2,630.07' - - - k BE -AR `I NG- -84 5 I -S-)- - - STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT FOUR RIGHT OF WAY MAPPING 3400 WEST COMMERCIAL BLVD. FORT LAUDERDALE, FLORIDA 33309 (954)777-4550 . I REV] SI ON Br I DATE T 7 AAC\ DWAA ADO I Air•, coin �iry n..,r........ .. .. .. Book 1 7745/Paae424 PARCELS 40. 82, 88,_ 89 8 156 (PART) FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF NAY MAPPING RIGHT OF WAY PARCEL SKETCH STATE ROAD NO.9 (1-95) PALM BEACH COUNTY By T DATEWLIV RITZEL ��UR gOIATEAPPROVE FINAL RI TZEL _ _ TRUONO ISTRI DHT�OE-Er _CNECRED AAPS PREPARED BY FIE 0 BOOK N0. 'S GREENHORNE 8 O'MARA. INC. 521 W. P, I . N0. N /A SCALE, t -100 - •'•100'SECTION SECTION NO.93220-2412 SHEET 4 OF 6 I Paae 6 of 8 • • • S 89°36'40" E EXHIBIT "A" SEE SHEET 4 2 433.90' 71.84 128.2l�'/ WELLS AVE.(P) ------- N.LIINE.S.IW.I /4 SEq.21 -415-43 I 200' I 22 1 21 1 20 1 19 18 1 r w I r - - - Z I I I II "- ; Q I Q, Z I I J V1 'Q BLOCK I i nJi, I 00 - 1 I I w IQ I VN 78 9 10 �1:1=Iti - - - ;V I I< fn~ W I X JjQ 3 Z Vf I Ix Q - ------ W Y I w w SECOND ST.(P) \J JIB---r---r---7- Q ---rt- " - - J ^' 0 I I OD I 18 O 19 ^ O 22 1 21 1 20- N 1+1 I I w F I I N > •�I 11L'- --- O 1---1---1-x- -� F- _ _ CE .. °D o a I BLOCK 2 1 `^ I a; ^ a O # # r I � ►� N - 'a Y— Z Z Y � l �,G/Ep N" W LJ �I I I —i 1 LL-Q�� O _ ►- N m LD I (J ~ I y �. M L% Z w LAZ -THI ST.(P) --- M x w�- e 7- -- _ O - a N I BL I e 1- I 1 I 5 1 6 1 g 09�� I Fri N _ I I � Z xl I I I 0 y i �1^ FOURTH (P ( % -- a —Q w Ln v ZWZ Iy/a U W WN Z • f� 0 J W O>7N Ln v�O Utz ; �L O = w �• N M H 0 O Ln F- la_ � e QP Z n .e. /l/// 50 0 50 100 GRAPHIC SCALE I" • 100' STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT FOUR RIGHT OF WAY MAPPING 3400 WEST COMMERCIAL BLVD. FORT LAUDERDALE. FLORIDA 33309 (954)777-4550 I SEE SHEET 6 NOT A SURVEY PARCELS 40. 82, 88. 89 a 156 (PART) FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF MAY MAPPING RIGHT OF WAY PARCEL SKETCH STATE ROAD NO.9 (1-95) PALM BEACH COUNTY BY DATE APPRO GATE PRELIM RITZEL S-08.04 FINAL RITZEL 5-24.04 - - CNECREO'D1sTR TRUON6 5•24-04 LAAPS MEPARED BY �1 GREENNORNE 8 O'MARA, INC. 5i N.P.I. NO. N/A seA REY]s ION BY I DATE ISECTION NO.93220-241 T IARC\RWAAADD I NIR , cI IGvrv.n�.,.,�..., ... .. ..., Book 1 7745/Paoe425 :LD BOOK NO.'S I .E. 1 ' 1 p0' SHEET S OF 6 Paae 7 of 8 n • so 0 50 100 GRAPHIC SCALE I' • 100' 1 EXHIBIT "A" W w t0� �CY Uzi F- oa. Ln a C °D �/► a x � x W LA 2 UILA Q Q W OS W m N - t� 200' LL J r �w W XZ IJ — I.- �J 2 N X Q3 S.W. COR. , S. W. 1 /4 SEC.21-45-43 20 21 FD PK NAIL 8 DISC STAMPED "20 21 " 29 2 29 26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT FOUR RIGHT OF WAY MAPPING 3400 WEST COMMERCIAL BLVD. FORT LAUDERDALE, FLORIDA 33309 (954)777-4550 I REYI Sf ON II I I BY�DA(E T 7 W: I,DIAILIAMD I III III n,.r.. ... ,..`.�...��- __. SHEET ,-- a W r> =0a I- L�mZ � = J • fm Z � 0 J W Z J Z /p H � / w v X / N W 200' � u; NOT A SURVEYI PARCELS 40, 82, 88, 89 8 156 (PART) FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPPING RIGHT OF WAY PARCEL SKETCH STATE ROAD NO.9 t1-95) PALM BEACH COUNTY BT OAT- APPgOY B ATC PRELIM RI ►2EL S -M-04 FIRAL AITZEL 5-24.04 _ K.A D15 TR1 T-OF-SURYE YO GIECKED TRUONG S•24-04 YAPS PREPARED 8Y FIELD BOOK NO.'S CREENNORNE 8 O'LIARA, INC. 521 W.P.I. N0. NIA SCALE I-•100' SECTION N0.93220-2412 SHEET 6 OF 6 Book 17745/Pace426 Pace 8 of 8 W �O t0� �CY O F- oa. Ln a C °D �/► a x � x W w S.W. COR. , S. W. 1 /4 SEC.21-45-43 20 21 FD PK NAIL 8 DISC STAMPED "20 21 " 29 2 29 26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT FOUR RIGHT OF WAY MAPPING 3400 WEST COMMERCIAL BLVD. FORT LAUDERDALE, FLORIDA 33309 (954)777-4550 I REYI Sf ON II I I BY�DA(E T 7 W: I,DIAILIAMD I III III n,.r.. ... ,..`.�...��- __. SHEET ,-- a W r> =0a I- L�mZ � = J • fm Z � 0 J W Z J Z /p H � / w v X / N W 200' � u; NOT A SURVEYI PARCELS 40, 82, 88, 89 8 156 (PART) FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPPING RIGHT OF WAY PARCEL SKETCH STATE ROAD NO.9 t1-95) PALM BEACH COUNTY BT OAT- APPgOY B ATC PRELIM RI ►2EL S -M-04 FIRAL AITZEL 5-24.04 _ K.A D15 TR1 T-OF-SURYE YO GIECKED TRUONG S•24-04 YAPS PREPARED 8Y FIELD BOOK NO.'S CREENNORNE 8 O'LIARA, INC. 521 W.P.I. N0. NIA SCALE I-•100' SECTION N0.93220-2412 SHEET 6 OF 6 Book 17745/Pace426 Pace 8 of 8 This instrument prepared by: . Blair LittleJohn, Esq. School Board of Palm Beach County, Florida 3318 Forest Hill Blvd. C-302 W Palm Beach, FL 33406 E TO: James Cherof, Esq. Goren, Cherof, Doody & Ezrol ° 3099 E. Commercial Blvd. Suite 200 Fit. Lauderdale, FL 33308 PCNs: *tion of 08-43-45-21-00-000-702 CF N 201304105134 OR BK 26329 PG 1416 � RECORDED 09/17/2013 16:03:05 Palm Beach County, Florida ANT 10.00 Doc Stamp 0.70 Sharon R. Bock,CLERK & COMPTROLLER Pgs 1416 - 1423; (8pgs) 0 , (Space Reserved for Clerk of Court) This Stot L WARRANTY DEED, is made and given this slay of 20�, by theI Board of Palm Beach County, Florida, a corporate body politic pursuant to the constitution al"brida State of Florida (the "Grantor"), to and in favor of the City of Boynton Beach, Florida, municipal corporation, whose address is P.O. Box 310, Boynton Beach, FL, 33425-0Ee "City") in fee and subject to a reverter right in favor of Palm Beach County, a political suon of the State of Florida, whose address is 301 North Olive Avenue, West Palm Beach, Flo_ 3401-4791 (the "County") as more fully set forth herein. GRANTOR, for an J o sideration of Ten and No/100 ($10.00) Dollars and other good and valuable consideration y City and County, the receipt and sufficiency of which are hereby acknowledged, has d, bargained and sold, and by these presents does hereby grant, bargain and sell, to Cit City's heirs, successors and assigns forever, the following • property situate, lying and being ' Beach County, Florida (the "Property"), to -wit: SEE EXHIBIT "A" ATTACHE"ERETO AND MADE A PART HEREOF THIS CONVEYANCE is subj (a) taxes and assessments for the year 20 r0 and subsequent years not yet due or p4;,- (b) all laws, ordinances, regulations, restrictions, prohibitions and other requirements ii�p d by governmental authority, including, but not limited to, all applicable building, zoning, land use and environmental ordinances and regulations;' (c) easements, conditions, restrictions, matters, limitations and reservations of record, if any, but this reference shall not operate to reimpose any of the same; and (d) matters which would be disclosed by an accurate survey of the Property. Pursuant to Section 270.11, Florida Statutes, the Grantor has elected not to reserve any phosphate, minerals, metals or petroleum interests in the subject property. • TO HAVE AND TO HOLD unto the City and the City's successors and assigns in fee simple forever, PROVIDED, however, that should the Property not be used for a public purpose for a period of sixty consecutive months, the same shall automatically revert to the County. This reverter right is created pursuant to that certain Interlocal Agreement between The School Board of Palm Beach County, Florida, The City of Boynton Beach and Palm Beach County For The Development and Use of The Galaxy Elementary Replacement School dated MAACA a, 3.010 Book26329/Page1416 Paae 1 of 8 TOGETHER with a perpetual non-exclusive easement ("Easement") for purposes of • access, ingress and egress, including but not limited to vehicular and pedestrian traffic, over and upo kthhe real property located in Palm Beach County, Florida, described as: ee Exhibit "B" attached hereto and made a part hereof (hereinafter referred to as the E°asement Premises"). JJIE CONDITIONS OF THIS EASEMENT ARE SUCH THAT: ��j° This Easement shall be an easement appurtenant to the Property and shall inure to the benefi�0f City and shall burden Grantor, and their successors and assigns, and shall run with title to the y; this Easement may not be transferred or assigned separately or apart from the Property. 2. Z rant of this Easement shall in no way restrict the right and interest of the Grantor in the use, 'ntenance and quiet enjoyment of the Easement Premises to the extent that such does not interferf�{yth the rights granted herein. • 3. City sha� 'ther construct any improvements on nor make any alterations to the Easement Premises wit e prior written consent of the Grantor, which consent shall not be unreasonably withheld. ° 4. City shall pro epair at its sole cost and expense any and all damage to the Easement Premises caused by * _ Vse thereof, using materials of like kind and quality. v 5. Grantor and City e ch cknowledge the waiver of sovereign immunity for liability in tort contained in Florida Statutes S 768.28, the State of Florida's partial waiver of sovereign immunity, and acknowledge that such to permits actions at law to recover damages in tort for money damages up to the limits set n such statute for death, personal injury or property caused by the negligent or wrongful act of issions of an employee acting within the scope of the employee's office or employment. Grantor and City agree to be responsible for all such claims and damages, to the extent and limits provided in Florida Statutes Section 768.28, arising from the actions of their respective employees. The parties acknowledge that the foregoing shall not constitute an agreement by either party to indemnify the other, nor a waiver of sovereign immunity, nor a waiver of any defense that the parties may have under such statute, nor as consent to be sued by third parties. The parties agree to maintain insurance coverage or be self-insured for general liability, worker's compensation and employer's liability insurance in accordance with Chapter 440, Florida Statutes, as may be amended from time to time. 6. The grant of Easement contained herein is for the use and benefit of City, its successor, and assigns and is not intended and shall not be construed as a dedication to the public of any portion of the Easement Premises for public use. 7. Grantor hereby retains all rights relating to the Easement Premises not specifically conveyed by this Easement including the right to use the Easement Premises and any improvements now existing or constructed hereinafter therein, and the right to grant to third parties Book26329/Page1417 Paqe 2 of 8 additional easements in the Easement Premises or the right to use the improvements therein provided any such use by Grantor or third parties does not interfere with the rights granted herein. 8. In the event that a party fails or refuses to perform any term, covenant, or condition i asement for which a specific remedy is not set forth in this Easement, the other party shall, in ionto any other remedies provided at law or in equity, have the right of specific performance an �ctive relief. 9. o This Easement shall be governed by, construed and enforced in accordance with, the laws e State of Florida. Venue in any action, suit or proceeding in connection with this Easement a� be in a state court of competent jurisdiction in Palm Beach County, Florida. 10. V ' her party shall be considered the author of the terms of this Easement and the terms of thisnt shall not be strictly construed against one party as opposed to the other party based upo w drafted it. In the event that any section, paragraph, sentence, clause, or provision hereof is id by a court of competent jurisdiction to be invalid, such shall not effect the remaining portions of asement and the same shall remain in full force and effect. 11. By reco his instrument in the Public Records of Palm Beach County, Florida, City accepts and agrees ound by the terms of this Easement. GRANTOR herebys the title to the Property, subject to the foregoing matters, and will defend the same ag the lawful claims of all persons claiming by, through or under Grantor and no others. I AND Grantor hereby represents and warrants to Grantee that the Property is not now, • nor has it ever been, the homestea rantor, and that the Property is not now, nor has it ever been, contiguous to the homestead o ntor. [Sig on following page] • Book26329/Page 1418 Page 3 of 8 IN WITNESS WHEREOF, Grantor has signed these presents the day and year first above • written. (�?0 By: `l Art hastv ,Superintendent APPROVL` TO FORM AND LEGA ICIENCY STATE OF FLORIDA GRANTOR: THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic By - Monroe Benaim, M.D., Chairman COUNTY OF PALM BEACH � O I HEREBY CERTIFY that ay, before me, an officer duly authorized in the State aforesaid • and in the County aforesaid to take nowledgments, the foregoing instrument was acknowledged before me by Monroe Benaim, M.D., andC. Johnson, Ph.D., as the Chairman and Superintendent, respectively, of The School Board of Beach County, Florida, a corporate body politic, freely and voluntarily on behalf of said corporate bots' c. They are personally known to me. eAg- WITNESS my hand and officithe County and State last aforesaid thisi�day of 201. Notary Public My Commission Expires: 6111-91,D013 est iZOL KELt l2, SS S Print Name 0 Notary Public State of Florida Carol Keller Bass c My Commission DD852735 ?off Foy Expires C1119/2013 Book26329/Pape 1419 Paqe 4 of 8 • fl • EXHIBIT "A"" IV SCWL 00A0 DEED LEGAL DESCRIPTION: A PORTION OF THE OF THE SOUTHWEST ONE—QUARTER (S.W. 1/4) OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, LYING EAST OF THE EAST RIGHT—OF—WAY UNE OF INTERSTATE 95, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMME%WESTHREE SOUTHWEST CORNER OF SAID SECTION 21; THENCUMED BEARING OF NORTH 89'46'29" EAST ALONG THE SSAID SECTION 21 A DISTANCE OF 992.72 FEET TO AN INTTH THE SOUTHERLY EXTENSION OF THE WEST LINE OF RIDOR, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAON PAGE 175, OF THE PUBUC RECORDS OF PALM BEACHRIDA; SAM WEST LINE ALSO BEING THE EAST UNE OF TH—QUARTERS (W. 3/4) OF THE SOUTHWEST ONE—QUARTER (S.W. 1/4) OF T UTHWEST ONE—QUARTER (S.W. 1/4) OF SAID SECTION 21; THENCE, DE SAID SOUTH LINE, NORTH 01'57'31' WEST AND ALONG SAID EAST WEST UNE A DISTANCE OF 779.86 FEET TO THE POINT OF BEGINNIN THENCE DEPARTING SAID EAST AND WEST UNE SOUTH 88'11'4 A DISTANCE OF 362.43 FEET TO A POINT ON THE EAST LIMITED%WE, GHT—OF—WAY LINE OF STATE ROAD 9 (INTERSTATE 95) AS STHE RIGHT—OF—WAY MAP 3—A, SECTION 93220-2412, DATED 970; THENCE NORTH 01'57'31' WEST ALONG SAID RIGHT—OA DISTANCE OF 481.78 FEET; THENCE DEPARTING SAID RIGHTNE NORTH 88'02'40" EAST, A DISTANCE OF 362.43 FEET TO A POINT E SAID EAST AND WEST LINE; THENCE SOUTH 01'57'31" EAST ALONG EAST AND WEST UNE, A DISTANCE OF 482.73 FEET TO THE POINT OF E�IALNING. CONTAINING 174,784 SQUARE FEET*—ACRES MORE OR LESS, SAID LANDS SITUATE, LYING AND BEING IN THEF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA. m SURVEY NOTES: 1. THE LEGAL DESCRIPTION SHOWN HEREON 2. KEITH AND ASSOCIATES, INC. CERTIFICATE 3. THIS SKETCH IS NOT VAUD WITHOUT THE 4. IT IS A VIOLATION OF RULE 61G17-6 OF TH EXPRESSED PRIOR WRITTEN CONSENT OF THE DESCRIPTION WILL MAKE THIS DOCUMENT INV 5. THIS SKETCH IS NOT A BOUNDARY SURVEY. 6. BEARINGS SHOWN HEREON ARE AN ASSUMED TOWNSHIP 45 SOUTH, RANGE 43 EAST. CFRTIFICATION- e z In THIS SITE kn c m z w aTH AVE V) z w 3 u a x �{ BOYNTON BEACH 8 VD. LOCATION MAP NOT TO SCALE PREPARED BY THE SURVEYOR. HORIZATION NUMBER IS L.B.#6860. MJRE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. A ADMINISTRATIVE CODE TO ALTER THIS SKETCH AND DESCRIPTION WITHOUT THE EYOR. ADDITIONS AND DELETIONS MADE TO THE FACE OF THIS SKETCH AND _._. � B F NORTH 89'46'29 EAST O ALONG THE SOUTH LINE OF SECTION 21, I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS DEPICTED TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THE INFORMATION AS SURVEYED UNDER MY DIRECTION ON NOVEMBER 30, 2009 MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, SUBJECT TO THE QUALIFICATIONS NOTED HEREON. KEITH do ASSOCIATES, INC. CONSULTING ENGINEERS MICHAEL M. MOSSEY PROFESSIONAL SURVEYOR AND MAPPER REGISTRATION No. 5660 STATE OF FLORIDA SKETCH & DESCRIPTIONrrEIT�� REPLACEMENT PARK A PORTION OF THE SOUTHWEST 1/4, OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST CITU OF BMWON BEACH, PALM BEACH COUNTY, FLORIDA con su1 ting engin ears 301 EAST A 7LAN77C 8OULEYAR0 POMPANO BEACH, FLORIDA JJ060-664J (954) 788-J400 FAX (954) 788-3500 EMNL• ma,7aeltb-ossociotezcom LBNO. 6860 DATE 11/30/09 SCALE 1-=160' REL0 BK. N OWNG BY DDB CHK. BY MMM DATE REVISIONS SHEET 1 OF 2 DRAWING NO. 07554.01-SKD-01.dw c o_y � Book26329/Paae1420 Paae 5 of 8 • • r rn �ti j Z oC O y � � Q occyi u m c� a tiJ A o 0 n z i � � w N �I IQ O ? 'p N V1 i SCALE: 1"=160" O LEGEND: BLVD. BOULEVARD F.D.O.T. FLORIDA DEPARTMENT OF TRANSPORTATION LB LICENSED BUSINESS O.R.B. OFFICIAL RECORDS BOOK P. B. PLAT BOOK P.B.C.R. PALM BEACH COUNTY RECORDS PG. PAGE P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT R/W RIGHT-OF-WAY SEC. S. R. ACREAGE N88'02'40"E 362.43' J W S88'11' 43"W 362.43' P.O.B. Y N.W. 4TH AVENUE 35' R/W PER O.R.B. 2226, PC. 1037, P.B.C. R. P � c Z m P i < Co J N �X Q1 r � A� c, x z -Z Nom m J LI �0 �IAf z wiu u ± A N o C m z m � SECTION STATE ROAD 20 z1 INE (BEARING BASS) sour+ 45 CENTERLINE N89'46'29"E 992.72' sec 21 -as -a3 SECTION CORNER P.O.C. 29 28 S.R. 804 (N.W. 2ND AVENUE) BOYNTON BEACH BLVD. S.W. CORNER OF (R/W PER F.D.O.T. SECTION 93220-2412 SHEET 3A OF 17) SEC. 21-45-43 SKETCH & DESCRIPTION REPLACEMENT PARK A PORTION OF THE SOUTHWEST 1 4, / OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST CFIY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA T-rEIT'�-� consulting engineer -.s 301 EAST A7L4N77C BOULEVARD POMPANO BEACH, RORIDA JJO60-664J (954) 788-J400 FAX (954) 788-3500 EMAIL moi7aeith-essociotescom LB NO 6860 DA/ 11/30/09 SCALE 1"=160' FIELD BK. N/A DWNG. BY DDB CHK. BY MMM DA TE REVIS/ONS SHEET 2 OF 2 DRAWING N0. 07554.01-SKD-01.dw o m-�� - Book26329/Page1421 Page 6 of 8 J • • EXHISIT "8" 11 StWoiw OaAlLb DUD LEGAL DESCRIPTION: A PORTION -OF THE OF THE SOUTHWEST ONE-QUARTER (S.W. 1/4) OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF INTERSTATE 95, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCIIdG� T THE SOUTHWEST CORNER OF SAID SECTION 21; THENC ASSUMED BEARING OF NORTH 89'46'29' EAST ALONG THE SO OF SAID SECTION 21 A DISTANCE OF 992.72 FEET TO AN INTE WITH THE SOUTHERLY EXTENSION OF THE WEST LINE OF RIDG M7�OR, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT 8 ON PAGE 175, OF THE PUBLIC RECORDS OF PALM BEACH COU RIDA; SAID WEST LINE ALSO BEING THE EAST LINE OF THE WEST QUARTERS (W. 3/4) OF THE SOUTHWEST ONE-QUARTER (S.W. 1/4) OF E 01;,THWEST ONE-QUARTER (S.W. 1/4) OF SAID SECTION 21; THENCE, DEP SAID SOUTH LINE, NORTH 01'57'31" WEST AND ALONG SAID EAST EST LINE A DISTANCE OF 609.95 FEET TO THE POINT OF BEG G; THENCE DEPARTING SAID EAST AND WEST LINE NORTH 45'38'09" W T, A DISTANCE OF 35.31 FEET TO A POINT OF CURVATURE OF A CU NCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY ALONC OF SAID CURVE HAVING A RADIUS OF 60.00 FEET, A CENTRAL ANGLE '40'38', AN ARC DISTANCE OF 45.74 FEET TO A POINT OF TANGENCY; THE TH 01'57'31" WEST, A DISTANCE OF 103.42 FEET; THENCE NORTH 88'11 EAST, A DISTANCE OF 26.00 FEET TO AN INTERSECTION WITH THE WE LI OFTHAT CERTAIN 15 -FOOT UTILITY EASEMENT, AS LOCATION MAP DESCRIBED IN OFFICIAL RECOR OK 897, PAGE 118, OF THE PUBLIC RECORDS NOT TO SCALE OF PALM BEACH COUNTY, FLO THENCE SOUTH 01'57'31" EAST ALONG SAID WEST UNE, A DISTANCE OF 103.35 F A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST; THENCE DEPARTING SAID WEST LINE SOUTHEASTERLY ALONG ARC OF SAID CURVE, HAVING A RADIUS OF 34.00 FEET, A CENTRAL ANGLE OF 56'00'34", AN ARC DISTANCE OF 33.24 FEET TO RSECTION WITH SAID EAST AND WEST UNE; THENCE ALONG SAID EAST AND WEST LINE SOUTH 01'57'31" EAST, A DISTANCE OF 38. ET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEINCITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 4,18 ffE FEET MORE OR LESS. SURVEY NOTES: THE LEGAL DESCRIPTION SHOWN HEREON WASgf KEITH AND ASSOCIATES, INC. CERTIFICATE OF AUT THIS SKETCH IS NOT VAUD WITHOUT THE SIGNATL IT IS A VIOLATION OF RULE 61G17-6 OF THE FL EXPRESSED PRIOR WRITTEN CONSENT OF THE SU DESCRIPTION WILL MAKE THIS DOCUMENT INVALID. THIS SKETCH IS NOT A BOUNDARY SURVEY. BEARINGS SHOWN HEREON ARE AN ASSUMED BEA TOWNSHIP 45 SOUTH, RANGE 43 EAST. LANDS SHOWN HEREON WERE ABSTRACTED FOR F SOUTHEAST GUARANTY & TITLE, INC. SEARCH NO. CERTIFICATION: BY THE SURVEYOR. )N NUMBER IS LB.#6860. ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. MINISTRATNE CODE TO ALTER THIS SKETCH AND DESCRIPTION WITHOUT THE ADDITIONS AND DELETIONS MADE TO THE FACE OF THIS SKETCH AND 89'46'29" EAST ALONG THE SOUTH LINE OF SECTION 21, SHTS-G'WAY, EASEMENTS, OWNERSHIP, AND OTHER INSTRUMENTS OF RECORD PER 2904012 CERTIFIED THROUGH APRIL 5TH, 2009 0 8:00 AM. I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS DEPICTED TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THE INFORMATION AS SURVEYED UNDER MY DIRECTION ON JANUARY 15, 2010 MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.02.7, FLORIDA STATUTES, SUBJECT TO THE QUALIFICATIONS NOTED HEREON. KEITH & ASSOCIATES, INC. CONSULTING ENGINEERS MICHAEL M. MOSSEY PROFESSIONAL SURVEYOR AND MAPPER REGISTRATION No. 5660 STATE OF FLORIDA SKETCH &DESCRIPTION ACCESS EASEMENT A PORTION OF THE SOUTHWEST 1 /4, OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST Cm OF BOmTON BEACH, PALM BEACH COUNTY, RORIOA ZrEIT�� consulting engineers 301 EAST A7LANnC BOULEVARD POMPANO BEACH, FLORIDA JJ060-664J (954) 788-J400 FAX (954) 768-3500 EMAIL- malweith-ossociotescom L8 NO. 6860 DAA 01/15/10 SCALE 1"=160' BK. /A f7EL0 N DMG. BY DDB CNK. BY MMM DATE RENS/ONS SHEET 1 OF 2 DRAWING NO. 07554A1—SKD—Access Emamant.dwg WE 0 N-9�4m, Ewan dq Book26329/Paael422 Paae 7 of 8 • • • G LEGEN s BLVD. BOULEVARD F.D.O.T. FLORIDA DEPARTMENT �. OF TRANSPORTATION (GL LB LICENSED BUSINESS cJ O.R. OFFICIAL RECORDS B001N88°11'43"E P.B. PLAT BOOK , P.B.C.R. (PALM BEACH COUNTY 26.00 RECORDS PG.AGE P.O.B. POINT OF BEGINNING P.O.C.�jtli OF COMMENCEMENT R/W T -OF -WAY Z SEC. ION S.R. STAT OAD U. E. U SEMENT O c i R R A AE �-P ' W / CL NGLE L LENT +:L CENTERLINE � SECTION R ---15' U.E. PER O.R.B. 897, PG. 118, P.B. C. R. N WEST LINE OF I 15' UTILITY EASEMENT O.R.B. 897, PG. 118, P.B.C. R. —60.00' °40'38" %� o74' N4 '09"W G� SCALE: 1"=50' S �G SOUTHERLYION— WEST INE P.B. 24, PG. 175, P.B.C.R. z O Ui J c1I R �o z rj,) rn DATE RENS/0NS n�0 � CAI V � `WEST LINE OF RIDGEWOOD MANOR P.B. 24, PG. 175, P.B.C_R. R=34.00' =56°00'34" L=33.24' S01 °57'31 "E N.P. 4TH 38.78' to AVENUE - R/W PER O.R.B. 2226, PG. 1037, P ,� P.B. C. R. DATE RENS/0NS -EAST LINE W. 3/4, OF S.W. 1/4, OF S.W. 1/4 OF SEC 21-45-43 :c' I P.O. C, NORTH R/W LINE S.W. __�t CORNER OF � SEC. 21-45-43 20 2t (BEARING BASIS) SOUTH LINE N89'46'29"E _992.72' SEC 21-45-43 29 2B S.R. 804 (N.W. 2ND AVENUE BOYNTON BEACH BLVD. (R/W PER F.D.O.T. SECTION 93220-2412 SHEET 3A OF 17) SKETCH & DESCRIPTION-�LIT'�� ACCESS EASEMENT A PORTION OF THE SOUTHWEST 1 4 / OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA _ - coi-'sulting en gin ears 301 EAST A7L4N77C BOULEVARD POMPANO BEACH, ROR/DA JU060-6649 (954) 788-3400 FAX (954) 788-.1500 EMA/L mor76Aceith-05$0Ci7tesc0m LB N0. 6360 DATE 01/15/10 SCALE 1•=50' FIELD BK.N 0WNG. BY DDB CHK BY MMM DATE RENS/0NS SHEET 2 OF 2 DRAWING No. 07 EosemanLdrg Book26329/Paael423 Page 8 of 8 • This instrument prepared by: Blair LittleJohn, Esq. School Board of Palm Beach County, Florida 3318 Forest Hill Blvd- C-302 W Palm Beach, FL 33406 E TO: James Cherof, Esq. Goren, Cherof, Doody & Ezrol ° 3099 E. Commercial Blvd. Suite 200 est. Lauderdale, FL 33308 PCNs: *tion of 08-43-45-21-00-000-702 CF N 20130410584 OR BK 26329 PG 1416 RECORDED 09/17/2013 16:03:05 Palm Beach County, Florida ANT 10.00 Doc Stamp 0.70 Sharon R. Bock,CLERK & COMPTROLLER Pgs 1416 - 1423; (8pgs) 0 I (Space Reserved for Clerk of Court) This SL WARRANTY DEED, is made and given this �siay of P&W�� 20�, by the S o I Board of Palm Beach County, Florida, a corporate body politic pursuant to the constitution alorida State of Florida (the "Grantor"), to and in favor of the City of Boynton Beach, Florida, municipal corporation, whose address is P.O. Box 310, Boynton Beach, FL, 33425-0the "City") in fee and subject to a reverter right in favor of Palm Beach County, a political s on of the State of Florida, whose address is 301 North Olive Avenue, West Palm Beach, Flo ' 3401-4791 (the "County") as more fully set forth herein. GRANTOR, for an ° sideration of Ten and No/100 ($10.00) Dollars and other good and valuable consideration y City and County, the receipt and sufficiency of which are hereby acknowledged, has d, bargained and sold, and by these presents does hereby grant, bargain and sell, to Cit City's heirs, successors and assigns forever, the following property situate, lying and being ' Beach County, Florida (the "Property"), to -wit: SEE EXHIBIT "A" ATTACH"ERETO AND MADE A PART HEREOF THIS CONVEYANCE is subj (a) taxes and assessments for the year 2010 and subsequent years not yet due or p - (b) all laws, ordinances, regulations, restrictions, prohibitions, and other requirements i Fp d by governmental authority, including, but not limited to, all applicable building, zoning, land use and environmental ordinances and regulations;: (c) easements, conditions, restrictions, matters, limitations and reservations of record, if any, but this reference shall not operate to reimpose any of the same; and (d) matters which would be disclosed by an accurate survey of the Property. Pursuant to Section 270.11, Florida Statutes, the Grantor has elected not to reserve any phosphate, minerals, metals or petroleum interests in the subject property. TO HAVE AND TO HOLD unto the City and the City's successors and assigns in fee simple forever, PROVIDED, however, that should the Property not be used for a public purpose for a period of sixty consecutive months, the same shall automatically revert to the County. This reverter right is created pursuant to that certain Interlocal Agreement between The School Board of Palm Beach County, Florida, The City of Boynton Beach and Palm Beach County For The Development and Use of The Galaxy Elementary Replacement School dated MAAC-A a, '1010 Book26329/Page1416 Page 1 of 8 This instrument prepared by: B011 LittI John, Esq. of Board of Palm Beach County, Florida 1 rest Hill Blvd. C-302 _lm Beach, FL 33406 0 R To. Office of the City Clerk o City of Boynton Beach P. 0. Box 310 PCNs: Boynton O This SPECIAL 20 Id,, by the Sc* the constitution o f1h Beach, Florida, a I Beach, FL, 33425-031 Beach, Florida 3342E III 11111111111111 lull CFN 20120159997 OR BK 25156 PG 0549 RECORDED 04/23/2012 17:49:34 Palm Beach County, Florida AMT 10.00 Doc Stamp 0.70 Sharon R. Bock,CLERK b COMPTROLLER Pga 0549 - 552; (4pga) ce Reserved for Clerk of Court WARRANTY DEED, is made and given this a V% day of Board of Palm Beach County, Florida, a corporate body politic pursuant to State of Florida (the "Grantor"), to and in favor of the City of Boynton a municipal corporation, whose address is P.O. Box 310, Boynton 4*fe "City"). GRANTOR, for a#*consideration of Ten and No/100 ($10.00) Dollars and other good and valuable considerate M.�A�rgained by City, the receipt and sufficiency of which are hereby acknowledged, has grante and sold, and by these presents does hereby grant, bargain and sell, to City, and heirs, successors and assigns forever, the following property situate, lying and being in Palm County, Florida (the "Property"), to -wit: • SEE EXHIBIT "A" ATTACHrERETO AND MADE A PART HEREOF THIS CONVEYANCE is subj c o: (a) taxes and assessments for the year 20_ and subsequent years not yet due or (b) all laws, ordinances, regulations, restrictions, prohibitions and other requirements ed by governmental authority, including, but not limited to, all applicable building, land use and environmental ordinances and regulations; (c) easements, conditions, restrictions, matters, limitations and reservations of record, if any, but this reference shall not operate to reimpose any of the same; and (d) matters which would be disclosed by an accurate survey of the Property. Pursuant to Section 270.11, Florida Statutes, the Grantor has elected not to reserve any phosphate, minerals, metals or petroleum interests in the subject property. • As a material inducement to Grantor to convey the Property to Grantee and as part of the consideration for this conveyance, Grantor hereby imposes a restrictive covenant on the Property that it be used only for public park purposes and Grantee, for itself and its successors and assigns, covenants and agrees to abide by such restrictive covenant and not to permit the Property to be used for any purpose contrary to or inconsistent with the permitted use. Grantee accepts this conveyance subject to such restrictive covenant and acknowledges that it runs with the title to the Property. It is the intent of the parties that the restrictive covenant and reversionary rights set forth herein shall not be subject to the limitations set forth in §689.18(4), F.S. as this deed constitutes a conveyance to a governmental entity under the provisions of §689.18(5), F.S. The foregoing restrictive covenant and reversionary rights may only be amended,Criloe'sed od tleFminated by Book25156/Paae549 li .,J .40i..n L� �U 1�i1.• Page 1 of 4 recording an appropriate document amending, waiving or terminating such restrictive covenant • and reversionary rights, executed by the Grantor or its successors in interest. u ,7 t O HAVE AND TO HOLD unto the City and the City's successors and assigns in fee rever, PROVIDED, however, that should the Property not be used for a public park uor a period of twelve (12) consecutive months, then in addition to all other rights and re available to Grantor at law and/or in equity, the Grantor has the right, but not the obto require Grantee, upon delivery of written notice to Grantee, to, within thirty (30) dave�y back the Property to Grantor free and clear of all liens, encumbrances and other matter title, other than those matters already encumbering the Property on the date this deed is ded and free and clear of all environmental conditions in violation of any applicable environment l;hool s. This reverter right is created pursuant to that certain Interlocal Agreement between T Board of Palm Beach County, Florida and The City of Boynton Beach For The Develop and Mutual Use of The Preservation Property dated GRANl"®R ereby warrants the title to the Property, subject to the foregoing matters, and will defend t me against the lawful claims of all persons claiming by, through or under Grantor and no oth rs— IN WITN above written. F, Grantor has signed these presents the day and year first ATTEST: "V D c By: E. Wavn(Allent. Sup rintendent APPROVE4 AS T FORM AND LEGAL SUF I IENCY Schoo Board Attorney STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) GRANTOR: THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic B-- Y� Frank A. Barbieri, Jr., Esq., Chairm I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by Frank A. Barbieri, Jr., Esq., and E_ Wayne Gent, as the Chairman and Superintendent, respectively, of The School Board of Palm Beach County, Florida, a corporate body politic, freely and voluntarily on behalf of said corporate body politic. They are personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this qday .� �c2- ocy 7,iM-414e!f%4A� Go�Missio� :99,y Notary Public My Commission Expires:4°ein'a?a =Z: •.� N; Print Name 9` � �0 •fit-: oZ, 9i wd th � Qpm w1 i. STATE 11 �� Book25156/Paae550 Page 2 of 4 txnlDT[ "A" LEGAL DESCRIPTION: A PORTION Oq THE OF THE SOUTHWEST ONE-QUARTER (S.W. 1/4) OF SECTION 21, TOWNSHIP 45 (SOUTH, RANGE 43 EAST, LYING EAST OF THE EAST RIGHT-OF-WAY U E OF INTERSTATE 95, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 21; THENCE ON AN ASSUMED BEARING OF NORTH 89'46'29" EAST ALONG THE SOUTH UNE OF SAID SECTION 21 A DISTAN OF 992.72 FEET TO AN INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE WESTJE OF RIDGEWOOD MANOR, ACCORDING TO THE PLAT THEREOF AS RECORDE T BOOK 24, ON PAGE 175, OF THE PUBLIC RECORDS OF PALM BEACH CO RIDA; SAID WEST UNE ALSO BEING THE EAST UNE OF THE WEST THREE-QU (W. 3/4) OF THE SOUTHWEST ONE-QUARTER (S.W. 1/4) OF THE SOUTHWEST R (S.W. 1/4) OF SAID SECTION 21; THENCE, DEPARTING SAID SOUTH UNE, 01'57'31' WEST AND ALONG SAID EAST AND WEST UNE A DISTANCE OF 1 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID EAST AND WEST UNESPOTH 68'02'40' WEST, A DISTANCE OF 362.43 FEET TO A POINT ON THE EASTerly ACCESS RIGHT-OF-WAY UNE OF STATE ROAD 9 (INTERSTATE 95) AS SHOWN ON IGHT-OF-WAY MAP 3-A, SECTION 93220-2412, DATED MAY 5TH, 1970; THENCE 01'57'31" WEST ALONG SAID RIGHT-OF-WAY UNE, A DISTANCE OF 718.74 FKO AN INTERSECTION WITH THE WESTERLY EXTENSION OF THE NORTH UNE OFSA EWOOD MANOR, SAID NORTH UNE ALSO BEING THE NORTH UNE OF THE SO REE -QUARTER (3/4) OF THE WEST ONE-HALF (1/2) OF THE SOUTHWEST ONE- R (1/4) OF SAID SECTION 21; THENCE NORTH 89'53'59" EAST ALONG SAID ORTH UNE, 362.63 FEET TO TFIE NORTHWEST CORNER OF SAID RIDGEWOODMANOR P THENCE SOUTH 01'57'31" EAST ALONG THE WEST UNE OF SAID PLAT ALSO REIN EAST UNE OF THE WEST THREE-QUARTER (3/4) OF THE SOUTHWEST ONE -QUA R W. 1/4) OF THE SOUTHWEST ONE-QUARTER (S.W. 1/4) OF SAID SECTION 2' ANCE OF 707.00 FEET TO THE POINT OF BEGINNING. ��\ CONTAINING 258,366 SQUARE FEET (5. ES MORE OR LESS, SAID LANDS SITUATE, LYING AND BEING IN THE C OZ6NTON BEACH, PALM BEACH COUNTY, FLORIDA lr SURVEY NOTES: D 1. THE LEGAL DESCRIPTION SHOWN HEREON EARED BY THE SURVEYOR. 2. KEITH AND ASSOCIATES, INC. CERTIFICATE OF RATION NUMBER IS LB.#6860. 3. THIS SKETCH IS NOT VAUD WITHOUT THE SIG RE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4. IT IS A VIOLATION OF RULE 5J-17 OF THE FLO X kMINISTRATNE CODE TO ALTER THIS SKETCH AND DESCRIPTION WITHOUT THE EXPRESSED PRIOR WR ONSENT OF THE SURVEYOR. ADDITIONS AND DELETIONS MADE TO THE FACE OF THIS SKETCH CRIPTION WILL MAKE THIS DOCUMENT INVALID. 5. THIS SKETCH IS NOT A BOUNDARY SURVEY. ✓ 6. BEARINGS SHOWN HEREON ARE AN ASSUMED BEARI�IGB ) ORTH 89'46'29" EAST ALONG THE SOUTH UNE OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 7. LANDS SHOWN HEREON WERE ABSTRACTED FOR RIG Y, EASEMENTS, OWNERSHIP, AND OTHER INSTRUMENTS OF RECORD PER SOUTHEAST GUARANTY do TITLE, INC. SEARCH NO. 2904012 CERTIFIED THROUGH APRIL 5TH, 2009 O 8:00 A.M. CERTIFICATION: THIS DESCRIPTION - <' s p m w LOCATION MAP NOT TO SCALE I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS DEPICTED TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THE INFORMATION AS WRITTEN UNDER MY DIRECTION ON JANUARY 13, 2010 MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, SUBJECT TO THE QUALIFICATIONS NOTED HEREON. KEITH & ASSOCIATES, INC. CONSULTING ENPINEERS M6HA 20 PROFESSIONAL SURVEYOR AND PER REGISTRATION No. 5660 STATE OF FLORIDA SKETCH & DESCRI CONSERVATION LAND A PORTION OF THE SOUTHWEST 1/4, OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST MY OF BO NM BEACH, PALM BEACH COUIM. FLMDA t�EITU3 consu/tin g en gineer-s 301 CAST Af1ANAC BOULEVARD PQI/PANO BcAQY,, fLA4/DA XWO-664,3 (954) 788-J4W FAX (954) 788-JI500 El AL mal*&M-mwcktmccvn LB MQ 6850 S7TEET 1 Gig 2 ,OA 7E 1/13/10 SCALE N/A RfW BK. N/A D)OVO BY S.M. CNK. BY M.M.M. m Book25156/Page551 Paqe 3 of 4 • • • O� 41 SCALE: 1"=300' (� � ✓ O LEGEND: BLVD. BOULEVARD Cb F.D.O.T. FLORIDA DEPARTMENT OF TRANSPORTATION O LB LICENSED BUSINESS O.R.B. OFFICIAL RECORDS BOOK P.B. PLAT BOOK P.B.C.R. PALM BEACH COUNTY RECORDS PG. PAGE P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT R/W RIGHT—OF—WAY SEC. SECTION S.R. STATE ROAD U.E. UTILITY EASEMENT (i CENTERLINE SECTION CORNER WESTERLY EXTENTION OF THE NORTH LINE OF RIDGEWOOD MANORS AND NORTH UNE W X. S 3'a. W 1� S.W. Ya, SEC 21-45-43 NORTHWEST CORNER OF RIDGEWOOD MANORS P.B. 24, PG. 175, P.B.C.R. HER4Y HILLS P.B. 4, "� PG. 58, P. B.C.R. [ U I I.I I rN.W. 8TH AVE. 362.43' /III P.O.B. von, W 7D Z ba)c o A col J um jIc� W N� ACREAGE m Ln IA L111 yC 93� � �z -0 5 c�6m m 41 v W p2� P.O.C. S.W. CORNER SEC 21-45-43 20 21 29 28�89'4BASIS 992.72' (BEARING BASIS) SOUTH LINE SEC 21-45-43 ORIGINAL CENTERLINE S.R. 804 BOYNTON BEACH BLVD. (R/W PER F.D.O.T. SECTION 93220-2412 SHEET 3A OF 17) ,35' R/W PER O.R.B. 2226, PG. 1037, P.B.C.R. ACREAGE to m mV, �wm �f SKETCH & DESCRIPTION CONSERVATION LAND A PORTION OF THE SOUTHWEST 1 4, OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST CITY OF BOYWON SMH, PALM SMH CMWrY, FLORIDA -l�.�IT��T consu/ting engineers J07 EAST A7ZAN77C BGIULEVARD PC9fPAN0 BEACH, fZL14IDA J"0-664.1 (954) 788-.1400 FAX (954) 788-3500 EMAIL, 1noA'a0h-ossvc77lescom LB NO, 6860 DATE 1/13/10 SCALE AS SHOWN F/ELD BK.N DWNG. BY S.M. CHK. BY M.M.M. DAT REVISIONS 3/5/12 UPDATED CERT. SHEET 2 OF 2 DRANWNG NO. 07554.01 Book25156/Paae552 Paae 4 of 4 • • �J DOROTHYJACKS Homestead Exemption —.w— CFA, AAS °f 4 Palm Beath County Property Appraiser rry �e4° Location Address 122 OCEAN BREEZE CIR Municipality BOYNTON BEACH Parcel Control Number 08-43-45-21-38-000-0120 Subdivision OCEAN BREEZE WEST Official Records Book 26903 Page202 Sale Date JULr2014 Legal Description OCEAN BREEZE WEST LT 12 Owners TARVER EUGENE II LESSEE HFHSPBC CLT INC LESSOR Mailing address 122 OCEAN BREEZE CIR BOYNTON BEACH FL 33435 3700 Sales Price Sale Type Owner Date lege JUL, $161,000 26903/ WARRANTY TARVER EUGENE II LESSEE 2014 00202 DEED JUL- 26903/ $10 WARRANTY HABITAT FOR HUMANITY OF SO 2014 00200 DEED PALM BCH SEP- $10 26384/ WARRANTY HFHSPBC CLT INC 2013 01305 DEED Exemption Applicant/Omwr Year Detail TARVER EUGENE II LESSEE 2018 Number of Units I *Total Square Feet 2075 Acres 0.14 Use Code 0100 - SINGLE FAMILY Zoning - Tax Year 2017 2016 2015 Inprovenvrrt Value $150,933 $138,612 $126,011 Land Value $0 $0 $0 Total Market Valu $150,933 $138,612 $126,011 All values are as of January 1 st each year Tax Year 2017 2016 2015 Assessed Value $129,558 $126,893 $126,011 Exemption Arrount $50,000 $50,000 $50,000 Taxable Value $79,558 $76,893 $76,011 Tax Year 2017 2016 2015 Ad Valorem $1,868 $1,855 $1,893 Non Ad Valorem $292 $270 $270 Total tax $2,160 $2,125 $2,163 • LJ Homestead Exemption dO_ RQTHY_JACKS CFA, AAS �aeRry AeQpr Palm Beath CoLoty Property Appraiser Location Address 609 SW 1 ST ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-28-46-000-0040 Subdivision SIXTH AVENUE ESTATES Official Records Book 28760 Page490 Sale Date DEC -2016 Leel Description SIXTH AVENUE ESTATES LT 4 Owne is Mailing address PIERRE SIMON LESSEE 609 SW 1 ST ST HFHSPBC LESSOR BOYNTON BEACH FL 33435 4800 Sales Date Price OR Book/Page Sale Type Owner DEC -2016 $250,000 28760 /00490 WARRANTY DEED PIERRE SIMON LESSEE DEC -2016 $10 28760 / 00485 WARRANTY DEED Exemption Applicant/Ow wr Year Detail PIERRE SIMON LESSEE 2018 Number of Units 1 *Total Square Feet 1927 Acres 0.15 Use Code 0100 - SINGLE FAMILY Zoning - Tax Year 2017 2016 2015 Improvement Value $149,369 $0 $0 Land Value $0 $0 $0 Total Market Value $149,369 $0 $0 All values are as of January 1 st each year Tax Year 2017 2016 2015 Assessed Value $149,369 $0 $0 Exemption Amount $50,000 $0 $0 Taxable Value $99,369 $0 $0 Tax Year 2017 2016 2015 Ad Valorem $2,291 $0 $0 Non Ad Valorem $292 $0 $0 Total tax $2,583 $0 $0 • C] 0 Homestead Exem tion DOROTHYJACKS p _------ ___—,.CFA,AAS epP r�P�y Palm Beach County Property Appraiser Location Address 1100 NW 1 ST ST Municipality BOYNTON BEACH Parcel Control Number 08-43-45-21-17-003-0010 Subdivision POINCIANA HOTS IN Oficial Records Book 28692 Page 185 Sale Date NOV-2016 Legal Description POINCIANA HEIGHTS LT 1 BLK 3 N umiber of [huts 1 *Total Square Feet 1997 Acres 0.1958 0100 - SINGLE RIA - Sir* Family (08-BOYNTON Use Code FAMILY ZOO BEACH) Tax Year 2017 2016 2015 Improwmerit Value $130,736 $0 $0 Land Value $13,874 $12,613 $11,466 Total Market Value $144,610 $12,613 $11,466 All values are as ofJa mm y 1 st each year Mailing address 2017 Omwils 2015 Assessed Value $144,610 $12,613 $7,986 1100 NW 1 ST ST RUTHERFORD TRANEFI'A $0 $7,986 Taxable Value $144,610 $12,613 BOYNTON BEACH FL 33435 3007 Sales 2017 2016 2015 Date Price B age Sale Type Owner NOV- $195,000 28692/ WARRANTY RUTHERFORD TRANEITA 2016 00185 DEED $0 SII'- 27859/ $10 WARRANTY BOYNTON BEACH FAITH BASED 2015 01691 DEED COMMUNITY JN $75,000 ARRANTY BOYNTON BEACH CITY OF 01487/ FEB-EED $53,500 4829/ WARRANTY HOLLOWAY GARY EED DEC- 08579/ $100 QUIT CLAIM 1994 00167 12 Exemption Applicant/Owner Year Detail RUTHERFORD TRANETTA 2018 N umiber of [huts 1 *Total Square Feet 1997 Acres 0.1958 0100 - SINGLE RIA - Sir* Family (08-BOYNTON Use Code FAMILY ZOO BEACH) Tax Year 2017 2016 2015 Improwmerit Value $130,736 $0 $0 Land Value $13,874 $12,613 $11,466 Total Market Value $144,610 $12,613 $11,466 All values are as ofJa mm y 1 st each year Tax Year 2017 2016 2015 Assessed Value $144,610 $12,613 $7,986 Exemption Amoumt $0 $0 $7,986 Taxable Value $144,610 $12,613 $0 Tax Year 2017 2016 2015 Ad Valorem $3,088 $275 $0 Non Ad Valorem $120 $0 $0 Total tax $3,208 $275 $0 1/22/2018 Coversheet 12.C. NEW BUSINESS 12/5/2017 CITY OF BOYNTON BEACH • ", AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/5/2017 REQUESTED ACTION BY COMMISSION: Provide direction to staff regarding potential land sale or transfer of City owned land parcels, one adjacent to Palm Beach Leisureville and the other adjacent to Galaxy Elementary School EXPLANATION OF REQUEST: At its October 17, 2017 meeting, the City Commission discussed the potential to sell certain lands owned by the City. The intent was to divest lands that are currently a maintenance burden and also have no planned future development plans. As a result, it was agreed that over the coming months staff would provide sale options on the following land parcels: Nickels Road Leisureville Rolling Green Galaxy Scrub Contiguous lands in the Meadows and Nautical Sound subdivisions. This staff analysis is the first of several in the coming months and focuses on the Leisureville and Galaxy Scrubs parcels. These parcels have been the subject of acquisition inquiry by private entities in recent weeks. Prior to consideration of disposition of any municipally -owned land, it is essential to have an understanding of the codified process to sell property. The following section of City Code provides guidance. Section 2-56(c) is pertinent. Sec. 2-56. Purchasing agent, selection, duties; competitive bidding. (c) Real property. Real property may be sold in the manner recommended by the City Manager and determined by the City Commission to be in the best interest of the city. With regard to the sale of any real estate owned by the city which has an appraised value exceeding $100,000.00 as determined by the most recent valuation of the Palm Beach County Property Appraiser, no such sale shall be conducted or • consummated until such time as subject property has been appraised by a disinterested qualified appraiser to be designated by the city commission for the purpose of establishing a fair market value thereon. The sale of real property for less than the fair market value shall require the approval by a vote of four-fifths (4/5) of the City Commission. Leisureville Parcel This 3.62 -acre parcel was deeded to the City in 1990 as part of the Tradewinds project. The land was originally intended to be used for recreation purposes. However, at the time, city staff noted that this parcel was not particularly well located for public use. As a result, the developer of Tradewinds advised that the City would be free to use the land in any manner it chose or the city would be free to sell the land. Thus, the warranty deed recorded on November 27, 1990 has no deed restriction or any other encumbrance. Therefore, it would appear that absent a more thorough title search that the land can be sold by the City for any use, assuming compliance with all zoning regulations. According to the Palm Beach County Property Appraiser, the land has a 2017 appraised value of $271,500. Therefore, according to Sec. 2-56 above, the land must be appraised prior to consummating a sale. The City has received two inquiries for this land parcel summarized as follows: Inquirer Proposed Use Offer to the Citv Habitat for Humanity 11 Single Family Homes $50,000.00 Palm Beach Leisureville Undefined Recreational Use $0.00 The two alternatives and impacts are discussed below. Habitat for Humanity The proposed use of single-family homes is consistent with the surrounding R1 AA zoning district. Thus, Habitat would be required to have the land appraised for City Commission consideration and then re -plat the land accordingly. Staff believes that residential development is preferential because it is compatible with surrounding the single-family parcels. Should the Commission prefer to sell this land to Habitat for Humanity, it can only do so with a four-fifths majority vote because the land value is greater than $100,000.00. Palm Beach Leisureville Community Association • Palm Beach Leisureville request that the land be deeded to the Association at no cost. In return, the Association advised that it would conduct community meetings to develop a recreational use desired by local residents. Like in 1990, city staff today does not believe this parcel is well located for recreational uses. The land is separate from all of Palm Beach Leisureville and will be a destination likely requiring additional automobile traffic on both SW 1st Court and SW 1st Avenue. Leisureville Parcel Staff Recommendation file:///F:/Dropbox/1%20SCI%20PAC%20shared/Isssues/Saving%20Galaxy%20Scrub/Galaxy%20Scrub%20agenda%20item.htm 1/3 1/22/2018 Coversheet Should the City Commission believe that the Habitat offer to construct 11 residential properties is reasonable, then consistent with Sec. 2-56 the City Manager recommends sale to Habitat in the amount of $50,000.00 and subject to receipt of the final plat and Commission approval by a four- fifths majority. Should the Commission believe this +onetary offer to be too low compared to the assessed value of $271,500.0, yet it still desires to sell the land parcel, the City Manager then recom ends proceeding with creation of public bid sale documents. •Galaxy Scrub Land Parcel This 5.8 acre parcel was deeded to the City by the Palm Beach County School District in 2012 as part of a larger land transfer program that supported construction of the new Galaxy Elementary School. The land parcel is deed restricted for public park use by the City according to the following language: As a material inducement to Grantor to convey the Property to Grantee and as part of the consideration for this conveyance, Grantor hereby imposes a restrictive covenant on the Property that it be used only for public park purposes and Grantee, for itself and its successors and assigns, covenants and agrees to abide by such restrictive covenant and not to permit the Property to be used for any purpose contrary to or inconsistent with the permitted use. Grantee accepts this conveyance subject to such restrictive covenant and acknowledges that it runs with the title to the Property. The Warranty Deed for this land parcel further states: "The foregoing restrictive covenant and reversionary rights may only be amended, released or terminated by recording an appropriate document amending, waiving or terminating such restrictive covenant and reversionary rights, executed by the Grantor or its successors in interest." Essentially, for the City to cause any use other than public park purposes on this land parcel, the School Board of Palm Beach County (Grantor) must waive the restrictive covenant deed restriction. Only then can the City consider any other use for this 5.8 acre parcel. The City has received one inquiry for this land parcel summarized as follows: Inauirer Pr000sed Use Offer to the City Habitat for Humanity 22 Single Family Homes $0 Habitant for Humanity proposes to construct 22 new and attainable single-family homes on this parcel. Should the City Commission wish to pursue this action, the City Commission must determine there to be no need for open space or public park on the land parcel. The land is considered by .some to be valuable open scrub land that should be preserved. Transfer of this land parcel to any entity by the City is a complex, multi -step process. Should the Commission wish to consider any such action, staff recommends the following: • The City Commission should first request formal release of the deed restrictive covenant by the School Board of Palm Beach County. Should the School Board of Palm Beach County grant release of the deed restriction, the City could pursue uses of the land other than an open public park. Should the School Board of Palm Beach County deny release of the restrictive covenant then no other actions to sell or transfer this land to others can be pursued. Should the School Board of Palm Beach County release the deed restriction, then it would be appropriate to perform a formal determination of the land value with respect to open scrub to determine if that land can be -reused for other purposes or to develop mitigation factors that would allow use of the land. This information is unknown at this writing. Lastly, this parcel is categorized as Conservation Overlay on the City's Future Land Use Map. Thus, to use the land parcel for any other purpose requires evaluation of the current quality of the scrub habitat, and ultimately an amendment to the City's Comprehensive Plan. Obviously, there is significant due diligence that must be conducted prior to transfering ownership of this parcel. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City has no defined current use for these land parcels. Thus there is no active public use that would be diminished generally. FISCAL IMPACT: Non -budgeted Disposal of these parcels would reduce maintenance expenses by around $15,000 on an annualized basis. ALTERNATIVES: Keep land parcel in public ownership. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: file:///F:/Dropbox/1 %20SC I%20PAC%20shared/Isssues/Saving%20Galaxy%20Scrub/Galaxy%20Scrub%20agenda%20item.htm 2/3