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Agenda 09-11-18 CITY OF BOYNTON BEACH SPECIAL MEETING DATE: Tuesday, September 11, 2018 TIME: 6:00 PM PLACE: Intracoastal Park Clubhouse, 2240 N. Federal Highway 1. AGENDA ITEMS A. Call to Order - Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner Katz Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption B. PROPOSED RESOLUTION NO. R18-127- Conduct a Public Hearing to adopt the Final Assessment Resolution for the FY 2018-2019 Fire Assessment. C. PROPOSED ORDINANCE NO. 18-023 - FIRST READING -Approve NE 1st Avenue Abandonment (ABAN 18-003) abandoning the improved 45 foot wide right-of-way running east/ west from NE 1St Street, for a distance of approximately 588.02' feet, to Seacrest Boulevard. Applicant: City of Boynton Beach 2. ADJOURN The Board may only conduct public business after a quorum has been established. If no quorum is established within twenty minutes of the noticed start time of the meeting the City Clerk of her designee will so note the failure to establish a quorum and the meeting shall be concluded. Board members may not participate further even when purportedly acting in an informal capacity. NOTICE NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES Page 1 of 43 WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE, (561) 742-6060 OR (TTY) 1-800-955-8771, AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 2 of 43 1.A. AGENDA ITEMS 9/11/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM REQUESTED ACTION BY COMMISSION: Call to Order- Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner Katz Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 3 of 43 1.B. AGENDA ITEMS 9/11/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-127- Conduct a Public Hearing to adopt the Final Assessment Resolution for the FY 2018-2019 Fire Assessment. EXPLANATION OF REQUEST: On July 17, 2018, the City Commission adopted Resolution No. R18-096 to continue the Fire Assessment Program for FY 2018-2019. On August 21, 2018, the City published a "Notice of Hearing to Impose and Provide for Collection of Fire Rescue Special Assessments" in the Palm Beach Post. In addition, the City had a statutorily required Notice to Property Owner mailed to affected property owners by first class mail. In addition, the Palm Beach County Property Appraiser's Office mailed TRIM notices informing all property owners of the assessment via their proposed property tax bill. All notices provided the time, date and place of this Hearing that the Commission would consider the adoption of the Final Assessment Resolution. The proposed Assessment for residential property owners is $120.00 annually per dwelling unit. This remains unchanged from the previous year. The City Commission recognizes that the Assessment may create a hardship on certain residential property owners in the City. Therefore, the Final Rate Resolution provides a means whereby property owners may request H.E.L.P. (Hardship Extension Loan Program) for a total or partial waiver through an application review process. A copy of the application and criteria is attached. Notice of the Hardship Extension Loan Program (H.E.L.P.)was also uploaded to the City's website. In addition, the Resolution provides for a Mobile Home Park Vacancy Adjustment whereby vacancies result in the absence of structures on unoccupied spaces as compared to other residential properties and lack demand for Fire Rescue services for unoccupied spaces which lack structures. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Fire Assessment provides only partial funding to the total Fire Department in order to maintain its excellent response time. It does not provide funding for EMS services. Only Fire Rescue services are allowed under Florida Statutes. FISCAL IMPACT: For Fiscal Year 2018-19, the estimated gross Fire Rescue Assessed cost is $8,205,584 reduced to a net realized assessment of$7,150,936 after excluding tax exempt properties. The net realized Fire Assessment of $7,150,936 would equal an increase to the ad valorem property tax rate of 1.5550 to raise the same amount of revenue to the City. The Fire Rescue Assessments to be assessed and apportioned among benefitted property parcels follow. Proposed FY 18/19: Property Use Category Rate Per Dwelling Unit Page 4 of 43 Residential $120.00 Non-Residential Property Use Categories Rate Per Square Foot(') Commercial $0.27 Industrial/Warehouse $0.06 Institutional $0.30 Nursing Home $0.30 (')There is a maArnum of 77,001 square foot cap on non-residential buildings. Current FY 17/18: Property Use Category Rate Per Dwelling Unit Residential $120.00 Non-Residential Property Use Categories Rate Per Square Foot(') Commercial $0.27 Industrial/Warehouse $0.06 Institutional $0.30 Nursing Home $0.30 (')There is a maArnum of 77,001 square foot cap on non-residential buildings. The above rates for FY 18/19 only assess approximately 59% of the eligible Fire Rescue costs after excluding EMS costs of the Fire Department. If they were assessed at 100% of the eligible costs, the rates would be $202.00 per dwelling unit and approximately twice the square footage rates for commercial property. ALTERNATIVES: 1. Approve the proposed assessment levels. ($120.00 per dwelling unit, etc.) 2. Approve an alternate assessment level with proportional adjustments to the Fire Department non-EMS budget (the assessment rates may be lowed, but not increased, from the proposed rates). 3. Not approve the Fire Assessment with proportional consequences to above STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Resolution F ire Assessment Reso Attachment Hardship Application Attachment Proof of Publication Attachment Affidavit of Mailing Page 5 of 43 1 2 3 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 9 10 11 12 ANNUAL ASSESSMENT RESOLUTION 13 14 15 16 17 18 ADOPTED SEPTEMBER 11, 2018 19 20 21 100250088.1 306-90018211 Page 6 of 43 22 RESOLUTION NO. R18- 23 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 24 RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, 25 FACILITIES, AND PROGRAMS IN THE CITY OF BOYNTON 26 BEACH, FLORIDA; IMPOSING FIRE RESCUE ASSESSMENTS 27 AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY 28 FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2018; 29 APPROVING THE RATE OF ASSESSMENT; APPROVING THE 30 ASSESSMENT ROLL; CONFIRMING AND CONTINUING A 31 PROCEDURE FOR HARDSHIP WAIVERS OR DEFERRALS OF 32 ALL OR PART OF THE CITY'S FIRE RESCUE SPECIAL 33 ASSESSMENT INCLUDING APPLICATION AND REVIEW BY THE 34 CITY'S FINANCE DIRECTOR OR DESIGNEE, AND ELIGIBILITY 35 CRITERIA FOR SUCH WAIVERS; PROVIDING FOR CONFLICTS; 36 PROVIDING FOR SEVERABILITY; AND PROVIDING AN 37 EFFECTIVE DATE. 38 39 WHEREAS, the City Commission of Boynton Beach, Florida (the "City 40 Commission"), has enacted Ordinance No. 08-017 (the "Ordinance"), which authorizes the 41 imposition of Fire Rescue Assessments each Fiscal Year for the fire rescue services, 42 facilities, and programs against Assessed Property located within the City; and 43 WHEREAS, the imposition of a Fire Rescue Assessment for fire rescue services, 44 facilities, and programs each fiscal year is an equitable and efficient method of allocating 45 and apportioning the Fire Rescue Assessed Cost among parcels of Assessed Property; and 46 WHEREAS, the City Commission desires to continue a Fire Rescue Assessment 47 program and impose a Fire Rescue Assessment in the City using the procedures provided by 48 the Ordinance, including the tax bill collection method, for the Fiscal Year beginning on 49 October 1, 2018; and 50 WHEREAS, the City Commission, on July 1, 2008, adopted Resolution 51 No. R08-076 (the "Initial Assessment Resolution"); and {00250088.1306-9001821} Page I of 10 Page 7 of 43 52 WHEREAS, the City Commission, on July 17, 2018, adopted Resolution No. R18- 53 096 (the "Preliminary Assessment Resolution"), which set forth the preliminary assessment 54 rates for Fiscal Year 2018-19, and which contains and references a brief and general 55 description of the fire rescue services, facilities, and programs to be provided to Assessed 56 Property; describes the method of apportioning the Fire Rescue Assessed Cost to compute 57 the Fire Rescue Assessment for fire rescue services, facilities, and programs against 58 Assessed Property; confirmed the rates of assessment; and directs the updating and 59 preparation of the Assessment Roll and provision of the notice required by the Ordinance; 60 and 61 WHEREAS, in order to impose Fire Rescue Assessments for the Fiscal Year 62 beginning October 1, 2018, the Ordinance requires the City Commission to adopt an Annual 63 Rate Assessment Resolution, which confirms and establishes the rates of assessment, and 64 approves the Assessment Roll for the upcoming Fiscal Year, with such amendments as the 65 City Commission deems appropriate, after hearing comments and objections of all 66 interested parties; and 67 WHEREAS, the Assessment Roll has heretofore been made available for 68 inspection by the public, as required by the Ordinance; and 69 WHEREAS, notice of a public hearing has been published and mailed, as required 70 by the terms of the Ordinance. An Affidavit of Mailing is attached hereto as Appendix A 71 and the Proof of Publication is attached hereto as Appendix B; and 72 WHEREAS, the City Commission recognizes that the special assessment may 73 work a hardship on certain residential property owners in the City, and desires to continue 100250088.1 306-90018211 Page 2 of 10 Page 8 of 43 74 to provide a means whereby affected property owners may request a total or partial waiver 75 of the special assessment for hardship; and 76 WHEREAS, a public hearing was held on September 11, 2018, and comments and 77 objections of all interested persons have been heard and considered as required by the terms 78 of the Ordinance. 79 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 80 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 81 82 SECTION 1. AUTHORITY. This resolution is adopted pursuant to Ordinance 83 No. 08-017; Resolution No. R08-076; Resolution No. R18-096; Article VIII, Section 2, 84 Florida Constitution; Sections 166.021 and 166.041, Florida Statutes; and other applicable 85 provisions of law. 86 SECTION 2. DEFINITIONS AND INTERPRETATION. This resolution 87 constitutes the Annual Rate Resolution as defined in the Ordinance. All capitalized words 88 and terms not otherwise defined herein shall have the meanings set forth in the Ordinance, 89 the Initial Assessment Resolution and the Preliminary Assessment Resolution. 90 SECTION 3. IMPOSITION OF FIRE RESCUE ASSESSMENTS. 91 (A) The parcels of Assessed Property described in the Assessment Roll, which 92 is hereby approved, are hereby found to be specially benefited by the provision of the fire 93 rescue services, facilities, and programs described or referenced in the Preliminary 94 Assessment Resolution, in the amount of the Fire Rescue Assessment set forth in the 95 Assessment Roll, a copy of which was present or available for inspection at the above 96 referenced public hearing and is incorporated herein by reference. It is hereby ascertained, 97 determined, and declared that each parcel of Assessed Property within the City will be 98 specially benefited by the City's provision of fire rescue services, facilities, and programs in 100250088.1 306-90018211 Page 3 of 10 Page 9 of 43 99 an amount not less than the Fire Rescue Assessment for such parcel, computed in the 100 manner set forth in the Preliminary Assessment Resolution. Adoption of this Annual Rate 101 Resolution constitutes a legislative determination that all parcels assessed derive a special 102 benefit in a manner consistent with the legislative declarations, determinations and findings 103 as set forth in the Ordinance, the Preliminary Assessment Resolution, and this Annual Rate 104 Resolution from the fire rescue services, facilities, or programs to be provided and a 105 legislative determination that the Fire Rescue Assessments are fairly and reasonably 106 apportioned among the properties that receive the special benefit as set forth in the 107 Preliminary Assessment Resolution. 108 (B) The method for computing Fire Rescue Assessments described and 109 referenced in the Preliminary Assessment Resolution is hereby approved. The Parcel 110 Apportionment methodology described in Appendix F of the Preliminary Assessment 111 Resolution, and adopted in Section 7 of the Preliminary Assessment Resolution, is hereby 112 approved. 113 (C) For the Fiscal Year beginning October 1, 2018, the estimated net Fire 114 Rescue Assessed Cost to be assessed is $8,205,584.00. The Fire Rescue Assessments to be 115 assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and 116 Parcel Apportionment to generate the estimated Fire Rescue Assessed Cost for the Fiscal 117 Year commencing October 1, 2018, are hereby confirmed and established as follows: Property Use Category Rate Per Dwelling Unit Residential $120.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.27 Industriat/Warehouse $0.06 Institutional $0.30 Nursing Home $0.30 118 100250088.1 306-90018211 Page 4 of 10 Page 10 of 43 119 (D) The above rates of assessment are hereby approved. Fire Rescue 120 Assessments for fire rescue services, facilities, and programs in the amounts set forth in the 121 Assessment Roll, as herein approved, are hereby levied and imposed on all parcels of 122 Assessed Property described in such Assessment Roll for the Fiscal Year beginning 123 October 1, 2018. 124 (E) As authorized in Section 2.14 of the Ordinance, no Fire Rescue Assessment 125 shall be imposed upon a parcel of Government Property, except as provided in the 126 Preliminary Assessment Resolution, or upon Institutional Use buildings on a parcel of 127 Institutional Property whose building use is wholly exempt from taxation under Florida law. 128 (F) Any shortfall in the expected Fire Rescue Assessment proceeds due to any 129 reduction or exemption from payment of the Fire Rescue Assessments required by law or 130 authorized by the City Commission shall be supplemented by any legally available funds, or 131 combination of such funds, and shall not be paid for by proceeds or funds derived from the 132 Fire Rescue Assessments. 133 (G) As authorized in Section 2.13 of the Ordinance, interim Fire Rescue 134 Assessments are also levied and imposed against all property for which a Building Permit is 135 issued after adoption of this Annual Rate Resolution based upon the rates of assessment 136 approved herein. 137 (H) Fire Rescue Assessments shall constitute a lien upon the Assessed Property 138 so assessed equal in rank and dignity with the liens of all state, county, district, or municipal 139 taxes and other non-ad valorem assessments. Except as otherwise provided by law, such 140 lien shall be superior in dignity to all other liens, titles and claims, until paid. 100250088.1 306-90018211 Page 5 of 10 Page 11 of 43 141 (I) The Assessment Roll, as herein approved, shall be delivered to the Tax 142 Collector for collection using the tax bill collection method in the manner prescribed by the 143 Ordinance. The Assessment Roll, as delivered to the Tax Collector, shall be accompanied 144 by a Certificate to Non-Ad Valorem Assessment Roll in substantially the form attached 145 hereto as Appendix C. 146 (J) No Emergency Medical Services shall be funded from the Fire Rescue 147 Assessment revenues. 148 SECTION 4. CONFIRMATION OF PRELIMINARY ASSESSMENT 149 RESOLUTION. The Preliminary Assessment Resolution is hereby confirmed. 150 SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. The adoption of 151 this Annual Rate Resolution shall be the final adjudication of the issues presented 152 (including, but not limited to, the determination of special benefit and fair apportionment to 153 the Assessed Property, the method of apportionment and assessment, the rate of assessment, 154 the Assessment Roll and the levy and lien of the Fire Rescue Assessments), unless proper 155 steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days 156 from the date of this Annual Rate Resolution. 157 SECTION 6. HARDSHIP WAIVERS OR DEFERRALS. 158 (A) The City Commission of the City of Boynton Beach, Florida hereby 159 continues its program for qualified individuals who need financial assistance to pay all or 160 part of the Fire Rescue Assessment levied on their property or who seek deferral of payment 161 of all or part of the Fire Rescue Assessment on their property. 100250088.1 306-90018211 Page 6 of 10 Page 12 of 43 162 (B) The City's program for financial assistance shall be commonly referred to 163 as H.E.L.P., Hardship Extension Loan Program. The following types of financial assistance 164 are available, based upon need: 165 1. Relief from all payments of an annual Fire Rescue Assessment. 166 2. Relief from a portion of payments of an annual Fire Rescue 167 Assessment. 168 169 3. Deferral of payments of an annual Fire Rescue Assessment. 170 4. Deferral of a portion of payments of an annual Fire Rescue 171 Assessment. 172 173 (C) The following individuals are eligible for financial assistance. 174 1. Residential Property Owners who meet 2018 HHS Poverty 175 Guidelines. 176 177 2. Residential property owners that are exempt from ad valorem 178 taxation pursuant to the following Florida Statutes are eligible to 179 apply for a Hardship Waiver or Deferral: 180 181 a. Section 196.081, Florida Statutes (totally disabled veterans 182 and surviving spouses of veterans); 183 184 b. Section 196.081, Florida Statutes (surviving spouses of first 185 responders who died in the line of duty); 186 C. Section 196.091, Florida Statutes (disabled veterans confined 187 to wheelchairs); 188 189 d. Section 196.101, Florida Statutes (totally and permanently 190 disabled persons); 191 192 e. Section 196.102, Florida Statutes (totally and permanently 193 disabled first responders). 194 195 3. Residential Property Owners that qualify for the additional 196 homestead exemption for persons 65 and over authorized pursuant 197 to Section 196.075, Florida Statutes are also eligible to apply for the 198 Hardship Waiver. 199 100250088.1 306-90018211 Page 7 of 10 Page 13 of 43 200 4. Residential Property Owners that are qualified under the Florida 201 Homestead Property Tax Deferral Act, Section 197.242, et al., 202 Florida Statutes. 203 204 (D) Eligible Residential Property Owners may submit an application for a 205 Hardship Waiver or Deferral, on a form prepared by the City, with the Finance Department. 206 The Application shall include the following: 207 1. Documentation demonstrating eligibility for the Hardship Waiver or 208 Deferral through one of the criteria from exemptions listed in 209 Section C above; 210 211 2. A copy of the Tax Bill for the subject property; 212 3. Description of the facts and circumstances of the hardship. 213 (E) All Applications for the Hardship Waiver or Deferral must be received by 214 the City's Finance Department on or before October 18, 2018. 215 (F) Once received, all applications shall be reviewed by the City's Finance 216 Director, or his or her designee ("Reviewing Official"). The Reviewing Official shall 217 review the facts and circumstances to determine whether a hardship exists to warrant a 218 partial or total waiver of the special assessment levied upon the applicant's real property or 219 a deferral of payment of such. The decision of the Reviewing Official is final. 220 (G) The Reviewing Official shall render a written decision and provide such to 221 the applicant. 222 (H) If a partial or total waiver or deferral is granted by the Reviewing Official, 223 the Finance Director shall ensure appropriate documentation is provided to the Tax 224 Collector as to the revised amount of the assessment as to the applicant. 225 (I) An applicant may apply for a Hardship Waiver as to one property only. 226 (J) An applicant must apply for the Hardship Waiver on an annual basis. 100250088.1 306-90018211 Page 8 of 10 Page 14 of 43 227 (K) A deferral may be granted for no longer than the end of the then current 228 fiscal year. 229 (L) When financial assistance is granted pursuant to the H.E.L.P. program, any 230 shortfall in the expected Fire Rescue Assessment proceeds due to any reduction or 231 exemption from payment of the Fire Rescue Assessments authorized by this Section shall 232 be supplemented by any legally available funds, or combination of such funds, and shall not 233 be paid for by proceeds or funds derived from the Fire Rescue Assessments. 234 SECTION 7. MOBILE HOME VACANCY ADJUSTMENT. As authorized in 235 Section 5(L) of the Preliminary Rate Resolution, there shall be a Mobile Home Vacancy 236 Adjustment procedure for Mobile Home and Recreational Vehicle Park Property, using the 237 procedures established in Resolution R11-089. Any shortfall in the expected Fire Rescue 238 Assessment proceeds due to any adjustment for vacancy shall be supplemented by any 239 legally available funds and shall not be paid for by proceeds or funds derived from Fire 240 Rescue Assessments. Failure of the Owner to timely provide the information to the City 241 will result in no Vacancy Adjustment for the special assessment. 242 SECTION 8. CONFLICTS. All resolutions or parts of resolutions in conflict 243 herewith are hereby repealed to the extent of such conflict. 244 SECTION 9. SEVERABILITY. If any clause, section, other part or application 245 of this resolution is held by any Court of competent jurisdiction to be unconstitutional or 246 invalid, in part or application, it shall not affect the validity of the remaining portions or 247 applications of this Resolution. 248 SECTION 10. EFFECTIVE DATE. This Resolution shall become effective 249 immediately upon its passage and adoption. 100250088.1 306-90018211 Page 9 of 10 Page 15 of 43 250 PASSED AND ADOPTED this day of September, 2018. 251 CITY OF BOYNTON BEACH, FLORIDA 252 253 YES NO 254 Mayor—Steven B. Grant 255 256 Vice Mayor—Christina Romelus 257 258 Commissioner—Mack McCray 259 260 Commissioner—Justin Katz 261 262 Commissioner—Joe Casello 263 264 ATTEST: 265 266 267 268 Judith A. Pyle, CMC 269 City Clerk 270 271 272 (Corporate Seal) 273 274 275 {00250088.1306-9001821} Page 10 of 10 Page 16 of 43 276 277 APPENDIX A AFFIDAVIT OF MAILING 100250088.1 306-90018211 Page 17 of 43 APPENDIX B PROOF OF PUBLICATION 100250088.1 306-90018211 Page 18 of 43 APPENDIX C FORM OF CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that I am the Mayor of the City of Boynton Beach, or authorized agent of the City of Boynton Beach, Florida (the "City"); as such, I have satisfied myself that all property included or includable on the non-ad valorem assessment roll for fire rescue services (the "Non-Ad Valorem Assessment Roll") for the City is properly assessed so far as I have been able to ascertain; and that all required extensions on the above-described roll to show the non-ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non-Ad Valorem Assessment Roll will be delivered to the Palm Beach County Tax Collector by September 15, 2018. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the Palm Beach County Tax Collector and made part of the above described Non-Ad Valorem Assessment Roll, this day of , 2018. CITY OF BOYNTON BEACH, FLORIDA BY: TITLE: [To be delivered to Palm Beach County Tax Collector by September 15] 100250088.1 306-90018211 Page 19 of 43 City of Boynton Beach, Florida Fire Assessment Application for Determination of Eligibility for H.E.L.P. FISCAL YEAR 2018-2019 APPLICATION DEADLINE OCTOBER 18, 2018 NAME: (LAST) (FIRST) TELEPHONE # ADDRESS: (STREET) (CITY) (STATE) (ZIP) FOR EACH PERSON WHO RESIDES WITH YOU AT THE ABOVE ADDRESS, LIST THEIR NAME, AGE AND RELATIONSHIP TO YOU BELOW OR ON AN ATTACHED SHEET, IF NEEDED: (NAME) (AGE) (RELATIONSHIP) (NAME) (AGE) (RELATIONSHIP) I CERTIFY THAT I AM A RESIDENTIAL PROPERTY OWNER AND I MEET ONE (1) OF THE CRITERIA CHECKED IN THE BOX BELOW FOR WHICH I AM REQUESTING ELIGIBILITY FOR H.E.L.P. (Provide a copy of your 2018 Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments) (PLEASE CHECK THE APPROPRIATE BOX FOR WHICH YOU ARE REQUESTING ELIGIBILITY FOR H.E.L.P.) ❑ I qualify for the additional homestead exemption for persons 65 and over as noted on the attached Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments authorized pursuant to Florida Statutes Section 196.075. ❑ I qualify for the Florida Homestead Property Tax Deferral Act as noted on the attached Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments authorized pursuant to Section 197.242, et al., Florida Statutes ❑ I am a totally disabled veteran or the surviving spouse of a totally disabled veteran AND I am exempt from ad valorem taxes pursuant to Florida Statutes Section 196.081. (Provide copy of disability letter from the government or a physician) ❑ I am a surviving spouse of first responder who died in the line of duty AND I am exempt from ad valorem taxes pursuant to Florida Statutes Section 196.081. (Provide copy of disability letter from the government or a physician) ❑ I am a disabled veteran confined to a wheelchair AND I am exempt from ad valorem taxes pursuant to Florida Statutes Section 196.091. (Provide copy of disability letter from the government or a physician) ❑ I am permanently and totally disabled AND I am exempt from ad valorem taxes pursuant to Florida Statutes Section 196.101. (Provide copy of disability letter from the government or a physician) ❑ I am permanently and totally disabled first responder AND I am exempt from ad valorem taxes pursuant to Florida Statutes Section 196.102. (Provide copy of disability letter from the government or a physician) ❑ I meet the U.S. Department of Health & Human Services (HHS) Poverty Guidelines listed on Page 2 of this Application. (Provide a copy of your last two (2) years (2016 & 2017) Federal Income Tax Returns -AGI) OR IF YOU DID NOT FILE INCOME TAXES FOR THE PAST(2) YEARS (Provide a copy of your last three (3) months bank and investment statements for all accounts) NOTE: The City may require additional information to determine eligibility. (Please complete and sign Page 2 of this Application) Page 20 of 43 Fire Assessment Application for Determination of Eligibility for H.E.L.P. Page 2 Please explain the financial hardship that makes it difficult or impossible for you to pay this year's Fire Assessment Amount as levied on the attached Notice from Palm Beach County. Under penalty of perjury, I hereby swear or affirm that the information I am submitting is true, complete and correct in order to determine my eligibility for H.E.L.P. Applicant's signature Date DETERMINING IF YOU MEET HHS POVERTY GUIDELINES 2018 HHS Poverty Guidelines PLEASE NOTE WHAT INCOME TO INCLUDE Size of Poverty Income used to calculate if you meet poverty Family Unit Guideline level status includes the following sources: 1 $ 12,140 2 $ 16,640 Wages, unemployment compensation, Social 3 $ 20,780 Security, Supplemental Social Security 4 $ 25,100 Income, public assistance, veterans' 5 $ 29,420 payments, survivor benefits, pension or 6 $ 33,740 retirement income, interest, dividends, rents, 7 $ 38,060 royalties, income from estates, trust, 8 $ 42,380 For each additional erson, add $ 4,320 educational assistance, alimony, child support, Source: Federal Register, Vol. 83, No. 12, assistance from outside the household, and January 18, 2018, pp. 2642-2644 other miscellaneous sources. CITY REVIEW PROCESS: ➢ Applicant submits application to City of Boynton Beach, Financial Services Department, P.O. Box 310, Boynton Beach FL 33425-0310 delivered no later than October 18, 2018 ➢ The Hardship Waiver will be reviewed by the City's Finance Director or his or her designee (Reviewing Official). ➢ Once the Reviewing Official makes a determination, the applicant will be notified in writing of the Reviewing Official's decision. The decision of the Reviewing Official is final. PLEASE SIGN AND RETURN THIS COMPLETED APPLICATION, ALONG WITH YOUR 2018 TAX NOTICE FROM PALM BEACH COUNTY AND THE REQUIRED DOCUMENTATION FOR THE BOX CHECKED ON PAGE 1 OF THIS APPLICATION TO: City of Boynton Beach Financial Services Department P.O. Box 310 Boynton Beach, FL 33425-0310 (561) 742-6310 Page 21 of 43 r1ml i ne Pahn Beach Fbst Palm Beach it Newscieabar All 10. �1 8 PROOF OF PUBLICATION STATE OF FLORIDA PUBLIC NOTICE Before the undersigned authority, personally appeared Tiffani Everett,who on oath, says that he/she is a Legal Advertising Representative of The Palm Beach Post, a daily and Sunday newspaper, published in West Palm Beach and distributed in Palm Beach County, Martin County, and St. Lucie County, Florida; that the attached copy of advertising for a P-Main Legal ROP was published in said newspaper on: first date of Publication 08/21/2018 and last date of Publication 08121/2018. Affiant further says that the said The Palm Beach Post is a newspaper published in West Palm Beach, in said Palm Beach County, Florida and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, daily and Sunday and has been entered as second class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspaper. BOYNTON EACH, CITY OF 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33435-3838 Invoice/Order Number: 0000410241 Ad Cost: $1,575.00 Paid: $0.00 Balance Due: $1,575.00 Signed (Legal Kd0ekising Agent) Sworn or affirmed to,and subscribed before me,this 22nd day ofqu. Au st 2018 in Testimony whereof, I have hereunto set my _ hand and affixed my official seal,the day and year afbresaig�jj M 11floll I'At X9 ANNERY tV - E F L Signed U000 S-FA"f E OF it Pleases Ad on following page(s). o rn rri. E x P i Page 1 of 3 Page 22 of 43 BOYNTON BEACH;CITY OF 100 E BOYNTON BEACH BLVD BOYNTON BEACH,FL 33435-3838 I nvoicatOrder Number., 0000410241 Ad Cost: $1,575.00 Paid: $0.00 Balance Due: $1,575.00 NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COI1JECnON OF FIRE RESCUE SPECIAL ASSESSMENTS Wice is hereby 91"a that Rho City Comm loshen*I lhe 01V of BW100 Beach will conduct a public horning in cansider[he impasilim of arratal firer special assessments for the provision of ire rescue semi vAWn she municipal boundaries of Rise Cily of Sculmlon Beack The Fearing will he hold ro 6.00 p.rr„or,September 11,2018,at As Inlracocaust PGA CluWL48,2240 North Fe&rul Highwair,Boynton Bssad% Florida 33435,her live purpose of reassivaRg Public Comment w the prairceed musiasmena. Ataftwied irraperliowesse have a rgill ID appear as the hearina and in Mrs wei#m ectinas wM she City Commisslar vAkn 20 days of this norice.I a person dauddes b appeal *q 4whes Made by the City coffirol"lon vath vespea 10 any nease considered at the hearing,rush person w-31 need a record of As surcorsed'ags and may need 4P ensure hot a warballm and is moda, Including the losfor"and v0dona upon which Ae appeal 4 b be Including In so rine m9th the Americans with Dis*tsilifios Acl, penteas Aeed'nq a special ocicorniadalices or an interpreter to sawfidicals is this proceeding should conlad The Cily Clan's(Ace at 156117424060,al Joan three days prior to she data of the hearing The aisessensra for each parci of Ixopent,will be based upon each poorsel'i clancificallon and he lahal nvmber of billing urns Glivibmwd Iss star ponnil,The proposed hire mrseve isnassmeo schodulis,(6r Fiscal Ye*r 2018-2019 is as fo&r". I �*h VAI $120.00 Noft9WdmQPi*pw1yUs&C* io Ill For$quam Foot $0,27 Indolviol/Warehouse InsfiluNMI $030 t.MCI Copies of the Nor Rescue Assessment Ord;nanco,the Initial As enc lersolulico, he Preliminary Rate lissahMn ark 16 poilminuty asset wohl toll*To milable for ins ion 42 the COV Cle&'s Are, carmfly lacalad at 100 tag Balisslar.Reach Boulevard."nian Beach, rdo.Note 4nal*a City Clarks 09ce is scheduled to relocate an of aboit Auglast 26,2018,to 3301 Quantum Saul rd,Basefloo beach, FbTWP.It you wish N eopect ilraso JocsonrnI6,it is remunwduci that you call the Ccbr Ci "s 011foo x15617 In ad4mee in srunfircr she kralim of the City Clerk's,Ofice an the data you wish to inspect. The firo rosew awad volofem a. gent will be WIrcred on thus ad vaWent tax bill to be mailed in November 2018.Failure to pay the onessrurnis W!Cause a Ras oRclificale 10 be 11seed againsill"property, which may result in a loss of fllhs, 0 you have any ques4ions,plearse contact 6&Finance Department at 061) 742-631D, Monday I Fri d* busha 8:00 c.m and 5,00 se ria, CITY MIRWIN11%SM Page 2 of 3 Page 23 of 43 .w awa4 Y7Yo,ww.,w�.� (BY OF WVWON Page 3 of 3 Page 24 of 43 AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere and Tammy Peters, who, after being duly sworn, depose and say: 1. Lori LaVerriere, as City Manager of the City of Boynton Beach, Florida ("City"), pursuant to the authority and direction received from the City Commission, timely directed the preparation of the Assessment Roll and the preparation, mailing, and publication of notices in accordance with Sections 2.03, 2.04, and 2.05 of Ordinance No. 08-071, the Fire Rescue Assessment Ordinance (the "Assessment Ordinance") in conformance with the Preliminary Rate Resolution adopted by the City Commission on July 17, 2018 (the "Preliminary Rate Resolution") . 2. In accordance with the Assessment Ordinance and Chapter 92-264, Laws of Florida, as amended by Chapter 2003-348, Laws of Florida (collectively, the "Special Act"), Ms. LaVerriere timely provided all necessary information for notification of the Fire Rescue Assessment to the Property Appraiser of Palm Beach County to be included as part of the notice of proposed property taxes under section 200.069, Florida Statutes, the truth-in-millage notification. The information provided to the Property Appraiser to be included on the truth-in-millage notification included the following: the Fire Rescue Assessment rate expressed in dollars and cents per billing unit, the associated Fire Rescue Assessment amount, and the purpose of the Fire Rescue Assessment. 3. Because the assessment was being levied against newly affected property owners for the first time for Fiscal Year 2018-19, additional notice by first class mail to the Owner of each newly affected parcel of Assessed Property was also required by the Assessment Ordinance and the Special Act. Page 25 of 43 4. Tammy Peters is the Office Manager for GSG. GSG has caused the additional mailed notices required by Section 2.05 of the Assessment Ordinance to be prepared in conformance with the Preliminary Rate Resolution. An exemplary form of such notice is attached hereto. GSG has caused such individual notices for each affected property owner to be prepared and each notice included the following information: the purpose of the assessment; the total amount proposed to be levied against each parcel; the unit of measurement to be applied against each parcel to determine the assessment; the number of such units contained within each parcel; the total revenue the City expects to collect by the assessment; a statement that failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title; a statement that all affected property owners have a right to appear at the hearing and to file written objections with the local governing board within 20 days of the notice; and the date, time, and place of the hearing. 5. On or before August 21, 2018, GSG caused the mailing of the above- referenced notices in accordance with Sections 2.05 of the Assessment Ordinance and the Preliminary Rate Resolution by First Class Mail to each affected owner, at the addresses then shown on the real property assessment tax roll database maintained by the Palm Beach County Property Appraiser for the purpose of the collection of ad valorem taxes. FURTHER AFFIANTS SAYETH NOT. Lor -averriere, affiant f a my Peters, ffa Page 26 of 43 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing Affidavit of Mailing was sworn to and subscribed before me this day of Ck_ 2018 by Lori LaVerriere, City Manager, City of Boynton Beach, Florida. Sbeonally known to me or has produced as identification and did take an oath. Printed Name/ 'drtimy L io% X T/4 Y L STA LONENotary Public, State of Florida MY COMMISSION N FF213N3 At Large y p.EXPIRES March 25.2019M Commission Ex ares13 �°; Commission No : - STATE OF FLORIDA COUNTY OF LEON The foregoing Affidavit of Mailing was sworn to and subscribed before me this OVA day of L - 2018 by Tammy Peter =O-' M, nager, Government Services Group, Inc a Florida corporation. She ' ersonally knoWv to me or has produced _ as identification and did take an otft Printed Name: Notary Public, State of Florida At Large My Commission Expires: v " Commission No.: ( _ "..., SARAH ION BLALOCK Commission#GG 109172 Expires May 30,2021 °F, °�.�' B=W Thru Tmy Fain karom 8003857019 Page 27 of 43 City of Boynton Beach P.O.Box 310 CITY OF BOYNTON BEACH, FLORIDA Boynton Beach, FL 33425-0310 NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF FIRE RESCUE NON-AD VALOREM ASSESSMENTS NOTICE DATE: AUGUST 21,2018 LUCHEY ANDREW JR& Parcel Tax ID: 08434533000001090 LUCHEY GAIL Sequence Number: BBF-0015 8517 ESTATES DR Legal: 33-45-43,W 60 FT OF E 500 FT WEST PALM BEACH FL 33411-6537 OF N *****NOTICE TO PROPERTY OWNER***** As required by Section 197.3632, Florida Statutes,and City Ordinance No.08-017 notice is given by the City of Boynton Beach that an annual assessment for fire rescue services using the tax bill collection method,may be levied on your property for the fiscal year October 1,2018-September 30,2019. The City has levied a fire rescue special assessment since 2001 pursuant to Ordinance No.01- 34,as amended,which Ordinance sunset on September 30,2008.The City then adopted Ordinance No.08-017 to provide for reenactment of the fire rescue special assessment within the City commencing with the 2008-2009 fiscal year.The purpose of this assessment is to fund fire rescue services benefiting improved property located within the City of Boynton Beach.The total annual fire rescue assessment revenue to be collected within the City of Boynton Beach is estimated to be$8,205,584.The annual fire rescue assessment is based on the classification of each parcel of property and number of billing units contained therein. Fiscal Year 18-19 Category Type and Number of Billing Units Assessment Residential Building 5 Dwelling Units $600.00 __ .. ........... w_ Total Assessment $600.00 The maximum annual fire rescue services assessment that can be imposed without further notice for the above parcel for Fiscal Year 2018-19 and future fiscal years is $600.00. A public hearing will be held at 6:00 p.m.on September 11,2018,at the Intracoastal Park Clubhouse,2240 N Federal Highway, Boynton Beach, Florida for the purpose of receiving public comment on the proposed assessments. You and all other affected property owners have a right to appear at the hearing and to file written objections with the City Commission within 20 days of this notice. If you decide to appeal any decision made by the City Commission with respect to any matter considered at the hearing,you will need a record of the proceedings and may need to ensure that a verbatim record is made,including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act,persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk's office at(561)742-6060,at least three days prior to the date of the hearing. Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Commission action at the above hearing(including the method of apportionment,the rate of assessment and the imposition of assessments),such action shall be the final adjudication of the issues presented. Copies of the Fire Rescue Assessment Ordinance,the Initial Assessment Resolution,the Preliminary Rate Resolution,and the preliminary assessment roll are available for inspection at the City Clerk's office, currently located at 100 East Boynton Beach Boulevard, Boynton Beach, Florida. Note that the City Clerk's Office is scheduled to relocate on or about August 26,2018,to 3301 Quantum Boulevard, Boynton Beach, Florida, 33426. If you wish to inspect these documents,it is recommended that you call the City Clerk's Office at(561)742-6060 in advance to confirm the location of the City Clerk's Office on the date you wish to inspect. Pursuant to Chapter 92-264, Laws of Florida,as amended by Chapter 2003-348, Laws of Florida,a special act relating to the County, notice of the fire rescue assessment imposed by the City shall also be included by the Property Appraiser as part of the notice of proposed property taxes under Section 200.069, Florida Statutes,the truth-in-millage notification. Both the fire rescue non-ad valorem assessment amount shown on this notice and the ad valorem taxes for the above parcel will be collected on the ad valorem tax bill mailed in November. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. If there is a mistake on this notice, it will be corrected. If you have any questions regarding your fire rescue service assessment, please contact the Finance Department at(561)742-6310, Monday through Friday between 8:00 a.m.and 5:00 p.m. *****THIS IS NOTA BILL***** Page 28 of 43 1.C. AGENDA ITEMS 9/11/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-023 - FIRST READING -Approve NE 1st Avenue Abandonment (ABAN 18-003) abandoning the improved 45 foot wide right-of-way running east/west from NE 1St Street, for a distance of approximately 588.02'feet, to Seacrest Boulevard. Applicant: City of Boynton Beach EXPLANATION OF REQUEST: Request for abandonment of the improved 45 foot wide right-of-way running east/west from NE 1St Street, for a distance of approximately 588.02'feet, to Seacrest Boulevard (ABAN 18-003). See accompanying staff report and attachments for additional explanation of this Town Square-related application. Applicant: City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: The abandonment of NE 1 Avenue will allow ultimate development of such property and a portion of said property to be added to the tax roll. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: Page 29 of 43 ATTACHMENTS: Type Description D Ordinance Ordinance D Staff Report Staff Report (ABAN 18-003) D Location Map Exhibit A- Location Map D Drawings Legal, Survey, & Criteria D Letter Applicant Responce to Crieria D Conditions of Approval Exhibit C - Conditions of Approval Page 30 of 43 1 ORDINANCE NO. 18- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING ABANDONMENT OF A 5 PORTION OF NORTHEAST 1sT AVENUE, MORE 6 PARTICULARLY DESCRIBED HEREIN, SUBJECT TO 7 STAFF COMMENTS; AUTHORIZING THE CITY MANAGER 8 TO EXECUTE A DISCLAIMER, WHICH SHALL BE 9 RECORDED WITH THIS ORDINANCE IN THE PUBLIC 10 RECORDS OF PALM BEACH COUNTY, FLORIDA; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, the City of Boynton Beach as Applicant, is requesting to abandon a 15 45-foot wide strip of land lying within a portion of NE 1st Avenue, subject to staff 16 comments; and 17 18 WHEREAS,comments have been solicited from the appropriate City Departments, 19 and public hearings have been held before the City's Planning & Development Board, and 20 the City Commission on the proposed abandonments; and 21 22 WHEREAS, staff has determined that the subject 45-foot wide strip of land lying 23 within a portion of NE 1st Avenue requested to be abandoned does not adversely impact 24 traffic, or affect other adjacent property owners and therefore no longer serves a public 25 purpose, and the City Commission adopts that finding. 26 27 NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 29 30 Section 1. The foregoing Whereas clauses are true and correct and incorporated 31 herein by this reference. 32 33 Section 2. The City Commission of the City of Boynton Beach, Florida, does 34 hereby abandon a 45-foot wide strip of land lying within a portion of NE 1st Avenue, subj ect 35 to staff comments. The property being abandoned is more particularly described as follows: 36 37 A 45.00 FOOT WIDE STRIP OF LAND LYING WITHIN A PORTION OF NE 1 ST AVENUE 38 (FORMERLY KNOWN AS POINCIANA STREET) AS SHOWN ON THE PLAT OF 39 BOYNTON CENTER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT 40 BOOK 8, PAGE 12 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 41 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 42 BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 OF SAID PLAT OF BOYNTON 43 CENTER; THENCE SOUTH 01022'45" EAST (AS A BASIS OF BEARINGS) ALONG THE 44 SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 2, A DISTANCE OF 45.01 45 FEET TO A POINT BEING ON THE SOUTH RIGHT OF WAY LINE OF NE 1ST AVENUE 46 (FORMERLY KNOWN AS POINCIANA STREET), SAID SOUTH LINE ALSO BEING THE 47 NORTH LINE OF LOTS 1 THOUGH 6,BLOCK 14 OF THE PLAT OF SAWYER'S ADDITION, 48 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 69 OF 49 THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\1 BEBD799-ECE7-4EAE-ABF6-4EFF4431 EB22\Boynton Beach.12352.1.Boynton_Downtown_(N E_1 st_Ave)__Abandonment__Ord finance.docx Page 31 of 43 50 89°44'11" WEST ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 586.97 51 FEET TO A POINT BEING ON THE EAST RIGHT OF WAY LINE OF SEACREST 52 BOULEVARD(FORMERLY KNOWN AS GREEN STREET),ACCORDING TO ROAD PLAT 53 BOOK 5,PAGE 179 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA; 54 THENCE NORTH 02043'09" WEST, A DISTANCE OF 45.04 FEET TO A POINT BEING ON 55 THE NORTH RIGHT OF WAY LINE OF NE IST STREET (FORMERLY KNOWN AS 56 POINCIANA STREET), SAID NORTH LINE ALSO BEING THE SOUTH LINE OF LOTS 2 57 AND 16 THOUGH 25, ACCORDING TO SAID PLAT OF BOYNTON CENTER; THENCE 58 NORTH 89°44'11" EAST ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 59 588.02 FEET TO THE POINT OF BEGINNING. 60 SAID LANDS SITUATE,LYING AND BEING SECTION 28,TOWNSHIP 45 SOUTH,RANGE 61 43 EAST, CITY OF BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA. 62 CONTAINING 26,437 SQUARE FEET MORE OR LESS. 63 64 Section 3. The City Manager is hereby authorized and directed to execute the 65 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 66 Records of Palm Beach County, Florida. 67 68 Section 4. This Ordinance shall take effect immediately upon passage. 69 70 FIRST READING this day of , 2018. 71 72 SECOND, FINAL READING AND PASSAGE this day of 73 , 2018. 74 75 CITY OF BOYNTON BEACH, FLORIDA 76 YES NO 77 78 Mayor— Steven B. Grant 79 80 Vice Mayor— Christina L. Romelus 81 82 Commissioner—Mack McCray 83 84 Commissioner—Justin Katz 85 86 Commissioner—Joe Casello 87 88 89 VOTE 90 ATTEST: 91 92 93 Judith A. Pyle, CMC 94 City Clerk 95 96 (Corporate Seal) 97 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\1 BEBD799-ECE7-4EAE-ABF6-4EFF4431 EB22\Boynton Beach.12352.1.Boynton_Downtown_(N E_1 st_Ave)__Abandonment__Ord finance.docx Page 32 of 43 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that The City Commission of the City of Boynton Beach,Florida, does hereby abandon a 45-foot wide strip of land lying within a portion of NE 1st Avenue, subject to staff comments. The property being abandoned is more particularly described as follows: A 45.00 FOOT WIDE STRIP OF LAND LYING WITHIN A PORTION OF NE 1 ST AVENUE(FORMERLY KNOWN AS POINCIANA STREET) AS SHOWN ON THE PLAT OF BOYNTON CENTER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8,PAGE 12 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 OF SAID PLAT OF BOYNTON CENTER; THENCE SOUTH 01022'45" EAST (AS A BASIS OF BEARINGS) ALONG THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 2, A DISTANCE OF 45.01 FEET TO A POINT BEING ON THE SOUTH RIGHT OF WAY LINE OF NE 1 ST AVENUE(FORMERLY KNOWN AS POINCIANA STREET), SAID SOUTH LINE ALSO BEING THE NORTH LINE OF LOTS 1 THOUGH 6,BLOCK 14 OF THE PLAT OF SAWYER'S ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89°44'11" WEST ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 586.97 FEET TO A POINT BEING ON THE EAST RIGHT OF WAY LINE OF SEACREST BOULEVARD (FORMERLY KNOWN AS GREEN STREET), ACCORDING TO ROAD PLAT BOOK 5,PAGE 179 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA; THENCE NORTH 02043'09" WEST, A DISTANCE OF 45.04 FEET TO A POINT BEING ON THE THE NORTH RIGHT OF WAY LINE OF NE 1ST STREET (FORMERLY KNOWN AS POINCIANA STREET), SAID NORTH LINE ALSO BEING THE SOUTH LINE OF LOTS 2 AND 16 THOUGH 25, ACCORDING TO SAID PLAT OF BOYNTON CENTER; THENCE NORTH 89°44'11" EAST ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 588.02 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE,LYING AND BEING SECTION 28,TOWNSHIP 45 SOUTH,RANGE 43 EAST, CITY OF BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA. CONTAINING 26,437 SQUARE FEET MORE OR LESS. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of , 2018. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Judith A. Pyle, CMC Lori LaVerriere, City Manager City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere and CAProg ram Files(x86)\neevia.com\docConverterPro\temp\NVDC\1 BEBD799-ECE7-4EAE-ABF6-4EFF4431 EB22\Boynton Beach.12352A.Boynton_Downtown_(NE_1st_Ave)= Abandonment - Ordinance.docx Page 33 of 43 Judith A. Pyle, CMC, City Manager and City Clerk respectively, of the City of Boynton Beach,Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of 2018. NOTARY PUBLIC, State of Florida My Commission Expires: CAProg ram Files(x86)\neevia.com\docConverterPro\temp\NVDC\1 BEBD799-ECE7-4EAE-ABF6-4EFF4431 EB22\Boynton Beach.12352A.Boynton_Downtown_(NE_1st_Ave)= Abandonment - Ordinance.docx Page 34 of 43 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 18-071 TO: Chair and Members Planning & Development Board FROM: Michael Rumpf Development Director DATE: September 7, 2018 SUBJECT: Request for abandonment of the improved 45 foot wide right-of-way running east/west from NE 1 st Street,for a distance of approximately 588.02'feet,to Seacrest Boulevard (ABAN 18-003). Applicant: City of Boynton Beach. BACKGROUND The City of Boynton Beach is requesting to abandon (ABAN 18-003) the improved 45-foot wide right-of-way extending east/west from NE 1 st Avenue,for a distance of approximately 588.02 feet, to Seacrest Boulevard (see Exhibit"A"—Location Map). The City is requesting the abandonment in preparation to implement the Town Square Master Plan (LUAR 17-005). For greater detail of the abandonment request, please refer to Exhibit "B"— Legal Description & Sketch. The abandoned land will be transferred in equal portions to the abutting property owner(s)per State Statute. In this case, the City owns the properties on either side of the abandonment area so the property will be conveyed to the City until such time that the land is platted,conveyed and developed for further implementation of the Town Square Master Plan. The following is a description of the zoning districts and land uses of the properties that surround the subject alley abandonment request: North: Portion of the approved Town Square Master Plan with a Land Use classification of Mixed Use Medium and a zoning designation of MU-3(Mixed Use 3); South: Portion of the approved Town Square Master Plan with a Land Use classification of Mixed Use Medium and a zoning designation of MU-3(Mixed Use 3); East: Right-of-way for NE 1St Street, then farther east developed multifamily with a Land Use classification of Medium Density Residential (MDR) and a zoning designation of R-3 (Multi family) West: Right-of-way for Seacrest Boulevard, then farther west a developed church and multi family with a Land Use classification of Medium Density Residential (MDR) and a zoning designation of R-3 (Multi family) Page 35 of 43 Page 2 Memorandum No. PZ 18-071 ABAN 18-003 ANALYSIS Owners of properties within 400 feet of the subject site will be mailed a notice of this request and signs posted for the Board hearing and the second reading of the corresponding ordinance and its respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007. A summary of the responses follows: CITY DEPARTMENTS/DIVISIONS Engineering No objection. Public Works/Utilities No objection, with the provision of the necessary easements for the existing or future utilities. Planning and Zoning No objection. PUBLIC UTILITY COMPANIES Florida Power and Light No response received as of the date of this report. If easements and relocation of utilities are necessary they will be at the developer's cost. AT&T No response received as of the date of this report. If easements and relocation of utilities are necessary they will be at the developer's cost. Florida Public Utilities No response received as of the date of this report. Comcast No response received as of the date of this report. Crown Castle Fiber No response received as of the date of this report. Fibernet Direct: No response received as of the date of this report. Level 3 No response received as of the date of this report. Sprint No response received as of the date of this report. Hotwire No response received as of the date of this report. Strome Networks No response received as of the date of this report. Windstream No response received as of the date of this report. PBC Traffic Engineering No response received as of the date of this report. RECOMMENDATION Staff has determined that the requested abandonment would not adversely impact traffic or other City functions, and would not adversely impact other adjacent property owners. Based on the above- analysis, staff has determined that the subject alley no longer serves a public purpose other than retention of a utility easement to service City utilities, AT&T and FPL facilities, if warranted and therefore recommends APPROVAL of the applicant's request, subject to the attached conditions. Any conditions requested by the Planning and Development Board or required by the Commission will be placed in Exhibit"C" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\CRA ABAN 18-002(Arden Park)WBAN 18-002\Staff Report.doc Page 36 of 43 EXHIBIT wwAww BOYNTON BEACH BLVD NE 1ST AVENUE OCEAN AVENUE THIS SITE > Ld Ld < M 0 V) < V) ir Ld < Uj Ld Ld V) z LL- WOOLBRIGHTROAD LOCATION MAP NOT TO SCALE Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION Land Surveyors * Mappers For: THE CITY OF BOYNTON BEACH 460 Business Park Way * Suite B Royal Palm Beach, Florida 33411 DRAWN: MT SCALE: N/A DATE: 08/29/18 SSI :2 OF 5 age of 43 EXHIBIT " B" NE 1St Avenue Abandonment Request Application Supplement— Responses to Review Criteria 3. Review Criteria. The vacation and abandonment of a right-of-way, special purpose easement, or other non-fee interest of the city shall be based on a demonstration that the above interest no longer serves a public purpose and there is no encumbrance which would prohibit the clear transfer of ownership of such land. The following review criteria shall be used to justify an application: a. Access. Does the subject land provide a legal means of access to a lot of record, subdivision, or development? Would the vacation and abandonment cause or result in a permanent stoppage, interruption, or an unacceptable level of service for the subject lot or on neighboring lots, subdivisions, or developments with respect to police, fire, or other emergency services; or solid waste removal? Response -- No interruption of access will take place as the abandoned portion of B 1st Ave. right--of--way is to be replaced with a platted access right--of--way to be recorded immediately after recording the proposed abandonment. Physical access will be maintained during that recording process and thereafter by construction of Boynton Town Center. b. Utilities. Does the subject land contain, support, or allow potable water, sanitary sewer, or any other utility (e.g. cable, telephone, electricity, gas, etc.), which would be permanently stopped or interrupted, or cause an unacceptable level of service to the subject lot or neighboring lots, subdivisions, or developments? Response -- The to be abandoned portion of N B 1 s� Ave right--of--way contains utilities, but no interruption of service will occur. The abandoned right--of--way will be replaced immediately after recording the to be recorded plat which provides additional easements for utilities. Additionally, no physical interruption of utilities will occur prior to utilities replacement. c. Drainage and Wastewater Management. Does the subject land contain, support, or allow a legal means of drainage or wastewater management for such lot or on neighboring lots, subdivisions, or developments, which would cause or result in a stoppage, interruption, or unacceptable level of service? Response -- No, this abandonment will not result in drainage or wastewater service. d. Conservation. Does the subject land contain, support, or allow the means for the conservation or preservation of flora or fauna? Response -- No, the abandonment of this portion of N B 1 st Ave right--of--way will not compromise conservation or preservation of flora or fauna. Page 41 of 43 EXHIBIT "C" CONDITIONS OF APPROVAL Project Name: NE 1St Avenue (Town Square) File number: ABAN 18-003 Reference: 1St review plans identified as an Abandonment with a September 7, 2018 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: None. FIRE Comments: None. POLICE Comments: None. BUILDING DIVISION Comments: None. PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: 1. Any conditions of approval from the various utility companies requiring new or revised easements and developer relocation of their facilities will be required to be addressed prior to issuance of X a building permit. COMMUNITY REDEVELOPMENT AGENCY Comments: None. Page 42 of 43 CRA Abandonment—Arden Park (ABAN 18-002) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\NE 1 st Avenue ABAN 18-003\ABAN 18-003 COA.docx Page 43 of 43