Minutes 10-18-22 Minutes of the City Commission Meeting
Held Online Via the GoToWebinar Platform and
In-Person at the City Hall Commission Chambers
100 East Ocean Avenue, Boynton Beach, Florida
On Tuesday, October 18, 2022, at 6:00 P.M.
Present:
Mayor Ty Penserga Daniel Dugger, City Manager
Vice Mayor Angela Cruz Mike Cirullo, City Attorney
Commissioner Woodrow L. Hay Maylee De Jesus, City Clerk
Commissioner Thomas Turkin
Commissioner Aimee Kelley
1. Agenda Items
A. Call to Order - Mayor Ty Penserga
Mayor Penserga called the meeting to order at 6:01 P.M.
Roll Call
City Clerk Maylee De Jesus called the roll. A quorum was present.
Invocation by Pastor Duane Roberts, Calvary Chapel.
Invocation was given by Pastor Roberts.
Pledge of Allegiance to the Flag led by Commissioner Thomas Turkin.
Commissioner Turkin led the Pledge of Allegiance to the Flag.
Agenda Approval:
Mayor Penserga added an announcement to recognize City staff regarding relief efforts
on the West Coast.
Commissioner Hay requested to move item 11B up after Public Audience.
Vice Mayor Cruz thanked the Police Department for the support on the West Coast. She
noted that the representative for the Breast Cancer proclamation was not in attendance.
Mayor Penserga said that they will read the proclamation and Vice Mayor Cruz can
present it at a later time or it can be mailed to them.
Commissioner Turkin requested that item 3C be during public comment.
Mayor Penserga stated that it is on a countywide ballot and should be presented. He
stated that he is okay with it, as long as the presentation is less than 10 minutes.
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Boynton Beach, FL October 18, 2022
Commissioner Turkin stated that he attended the First Friday Concert and it was fun. He
announced research that he was doing with staff to potentially introduce a coral reef at
Ocean Front Park.
Mayor Penserga asked for this to be added as a future agenda item.
Dan Dugger, City Manager, stated that they are looking for funding for this project.
Commissioner Turkin asked to look into pickleball courts. He also asked staff to research
removing QuFu, China as a Sister City and adding a Ukrainian city that we can assist.
Commissioner Hay agreed with the pickleball courts.
1. Additions, Deletions, Corrections
Commissioner Hay moved to approve the agenda as amended. Commissioner Kelley
seconded the motion. The motion passed unanimously.
2. Other
A. Informational items by the Members of the City Commission.
Commissioner Kelley had no disclosures.
Commissioner Turkin had no disclosures.
Vice Mayor Cruz had no disclosures.
Commissioner Hay had no disclosures.
Mayor Penserga had no disclosures.
3. Announcements, Community and Special Events And Presentations
Mayor Penserga spoke about sending staff to the West Coast to help with the relief efforts
due to Hurricane Ian. He recognized the Police Officers and Public Works Staff that helped
in the relief efforts.
Marc Filsaime, Utilities Plant Maintenance Mechanic, thanked Poonam Kalkat, Director of
Utilities, for staying on them and making sure they were okay.
Ray Prado spoke about the devastation and said that the team was great. He spoke about
the residents over there being grateful for their help.
Brian McDeavitt, Road Patrol Sergeant, said that the recognition is nice but unnecessary,
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and they would do it again if they had to. He stated that they brought lessons back that will
make them better prepared as a City.
A. Proclaim October 15 as White Cane Safety Day. The proclamation will be
accepted by John Crossley, Vice President of the National Federation of the
Blind (Palm Beach Chapter).
Mayor Penserga read the proclamation into the record.
John Crossley accepted the proclamation. He stated that he is happy that we are
acknowledging White Cane Day. He announced the event that they will be having for White
Cane Walk Day.
B. Proclaim the month of October as National Breast Cancer Awareness Month.
The proclamation will be accepted by Lindsay Bennett, Senior Development
Manager for the American Cancer Society.
Mayor Penserga read the proclamation into the record and stated that Ms. Bennett is not
here to accept the proclamation and it will be delivered to her.
C. Presentation by Morris G. "Skip" Miller, Vice Chair of the Housing Leadership
Council of Palm Beach County on the County's potential Affordable Housing
Bond on the November 2022 ballot.
Mr. Miller spoke about the ballot question and why people should vote for it. He read what
the approval of the bond issue would be for, and what the benefits are. He further explained
subsidies and funding sources for the bond. He mentioned that it is a County bond issue,
so they will be responsible for monitoring the programs. He commented that a public forum
would be held on Thursday October 20, 2022 from 5:30-7:00 PM.
4. Public Audience
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)
Mayor Penserga stated that if anyone has any comments in regards to any of the
Ordinances, they would have to speak during this time.
Karen Yeh Ho stated that she wrote about the issue that she is having. She spoke about
the code enforcement process. She gave handouts to the Commission, that was added as
part of the record.
Bernard Wright stated that he would like to talk about having a SJ proclamation. He spoke
on $14 million in pandemic funding in the bank that is gaining interest, that has not been
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disbursed to non-profits organizations. He thanked staff for taking care of the damaged to
the City caused by Hurricane Ian.
Susan Oyer read two obituaries into the record of former residents Sue Beaman and
William James. She stated that as to the ordinances, the frontage one was horribly
presented at the Planning & Development Board.
Marjorie Ferrer spoke about the 250th Birthday of America and spoke about the Constitution
book that was given to kids. She presented a certificate of appreciation from The Daughters
of American Revolution.
Danny Ferrell stated that he is on the Senior Advisory Board and spoke about the seniors
that will fall under the poverty levels. He said that as a City, we need to do a lot more for
our seniors.
Gregory Hartman spoke about the height ordinance and stated that he is a fan of where it
is at right now. He commented about the need for a hotel in the downtown area.
Renette Nelson complained about drugs being sold in her neighborhood, and about
homeless people using her water hose to shower.
City Manager Dugger directed her to speak to one of the Officers in the back of the room.
Barbara Hall, Attorney with Greenberg Traurig, said that she is objecting to the reduction in
height that the City is recommending. She spoke about the impact on her client's property
if this ordinance passes. She commented about redevelopment needed in areas in the City.
Victor Norfus stated that he spoke about Unity Park and naming it after Reverend Butler.
He gave reasons as to why we should create the park. He said that he has a document
from the Palm Beach Post from 1924, in regards to Mayor Knut.
Bonnie Miskel stated that she is here representing her clients and they are against the
changes to the height ordinance. She said that she has been involved in the prior change
and there was a lot of engagement, and this one is being done in haste and not properly.
She asked for this to be done efficiently and legally proper.
Christine Dasset spoke about the ordinance regarding building heights. She spoke about
being for reducing the excessive heights.
Barbara Ready spoke about attending Commission Meetings for about 20 years, and site
plans that have been passed with tall buildings.
Dr. Piotr Blass stated that Knuth Road should be renamed after Reverend Cheney. He
spoke about the building height, and that we should keep it low. He said that he was in
Starbucks and the Boynton Beach Police Department came and threatened him to leave.
Shannon Thompson spoke about her son Stanley Davis, and said that she would like
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December 26 to have a proclamation in honor of him.
Jeff Ear spoke about the ordinance regarding height restrictions. He said that the Boynton
Beach residents do not want giant buildings.
Ernest Mignoli spoke about the SJ case and said that this case is getting away with
coverups between entities. He talked about building violations in the City. He said that we
are allowing all kinds of things in the City for the holidays and they refuse to put up a nativity
scene.
Virtual Comments: 2 hands raised.
Vanessa Del Monte stated that she is in favor of reducing the height in the City. She said
that they should not vote for developers. She spoke about preservation of our ecosystem,
and the bond referendum.
Courtlandt McQuire said that he is on a few Boards for the City and they were to determine
what the residents wanted, and said that it was prevalent that the residents did not want
height. He said that their recommendation as a Board is to reduce the height.
11B. Proposed Resolution No. R22-144-Approve and ratify the appointment of Adam
Temple as Assistant City Manager - Development Services, pursuant to City
Code of Ordinances, Chapter 2, Article II, Section 2-30(b). (Postponed at the
October 4, 2022 City Commission Meeting.)
City Manager Dugger spoke about the promotion of Andrew Mack into the Deputy City
Manager position, and that it was necessary to appoint someone into the Assistant City
Manager position that is strong in development.
Commissioner Hay stated that he had the opportunity to work with Adam Temple and that
the City Manager made an excellent choice.
Vice Mayor Cruz stated that he is accountable and always gets the work done.
Commissioner Turkin agreed and said that Adam is a great fit.
Commissioner Kelley agreed and said that it made sense to make this move.
Mayor Penserga said that if this was America's Got Talent, he would push the gold button.
He asked if there were any public comments on this item.
Ernest Mignoli stated that the building that he lives in has a lot of issues, but there are a lot
of things being approved in the building department. He said that Mr. Temple was behind
building this building and there are many issues with it.
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Motion:
Commissioner Turkin moved to approve Resolution No. R22-144. Commissioner Hay
seconded the motion. The motion passed unanimously.
Adam Temple stated that he appreciates the recognition and he thanked his staff for their
hard work.
5. Administrative
A. Appoint eligible members of the community to serve in vacant positions on
City Advisory Boards.
Motion:
Commissioner Kelley moved to appoint Stephen Palermo to the Building Board of
Adjustments and Appeals. Commissioner Hay seconded the motion. The motion passed
unanimously.
Motion:
Commissioner Turkin moved to appoint Allison Pandev to the Recreation and Parks
Board. Commissioner Hay seconded the motion. The motion passed unanimously.
6. Consent Agenda
A. Legal Expenses - August 2022 - Information at the request of the City
Commission. No action required.
B. Proposed Resolution No. R22-146 - Approve a grant adjustment
modification (GAM) for the 2020 Edward Byrne Justice Assistance Grant
(JAG).
C. Proposed Resolution No. R22-147 - Authorize the City Manager to sign all
documents associated with the acceptance and subcontract agreement for
the Florida Department of Transportation (FDOT) Florida Bicycle
Pedestrian Focused Initiative: Communication and High Visibility
Enforcement grant.
D. Approve an increase to the estimated annual expenditure of the City of
Punta Gorda Agreement # R201711/SVC-TIRES/17/18 with Boulevard
Tire Center in the amount of $500, increasing the estimated annual
expenditure from $70,000 to $70,500.
E. Proposed Resolution No. R22-148 - Approve and authorize the Mayor to
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sign a First Amendment to Subrecipient Grant Agreement between the
Department of Economic Opportunity (DEO) and the City of Boynton
Beach (COBB) for Fire Station #2 Hardening Project, Agreement Number
10124.
F. Proposed Resolution No. R22-149 - Authorize the Mayor to sign all
documents associated with the acceptance and grant agreement for the
2022 Edward Byrne Memorial Justice Assistance Grant (JAG) for $43,663
subject to the approval of the City Attorney.
G. Proposed Resolution No. R22-150- Amend various FY 2022-23 Capital
Project accounts. This request will adjust budgeted appropriations and
revenue sources and provide spending authority for the Capital
Improvement Funds (302 & 303) and the Utility Capital Improvement Funds
(403 & 404).
H. Proposed Resolution No. R22-141 Authorize City Manager to sign piggy-
back agreement utilizing the City of Boca Raton invitation to bid (ITB)#
2022-007 with Partnership Landscaping, LLC for landscape maintenance
services at the cemetery and mausoleum for an estimated annual cost of
$74,200.00 for the extent of the contract. The City of Boca Raton's
procurement process satisfies the City's competitive bid requirements.
(Postponed at the October 4, 2022 City Commission Meeting.)
I. Approve the one-year extension for RFPs/Bids and/ or piggybacks for the
procurement of services and/or commodities as described in the written
report for October 18, 2022 - "Request for Extensions and/or Piggybacks
Under $100,000."
J. Approve the purchase of Extreme Networks maintenance, and licensing
from STEPcg of Covington, KY in the amount of $48,841 .95, utilizing the
State of Florida Alternate Contract Source Number 43220000-NASPO-19-
ACS. The State of Florida Alternate Contract complies with the City of
Boynton Beach's competitive bid requirements.
K. Approve donation of $21 ,300 from the State and Justice Forfeiture Funds
to the following non-profit agencies:
Connect to Greatness, Inc. ($3,800)
Seven Hillz Production Foundation ($1 ,000)
GDBC Entrepreneurship Institute ($3,000)
Scholar Career Coaching ($2,000)
Boynton Beach Little League ($2,000)
The Bill Tome Foundation for Kids & Families ($7,500)
National Coalition of 100 Black Women South PBCC, Inc. ($2,000)
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L. Approve minutes from the September 22, 2022 City Commission Meeting
and Second Budget Hearing, and October 4, 2022 City Commission
Meeting.
Motion:
Commissioner Hay moved to approve the Consent Agenda. Commissioner Turkin
seconded the motion. The motion passed unanimously.
7. Consent Bids and Purchases over $100,000
A. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the
procurement of services and/or commodities over $100,000 as described
in the written report for October 18, 2022 - "Request for Extensions and/or
Piggybacks."
B. Approve Amendment No.1 to Task Order UT-2C-03 with CDM Smith Inc.
the amount of$320,940.00 for updating the Stormwater Master Plan
(SWMP) for the City's Downtown Watershed in accordance with RFQ No.
046-2821-17/TP, General Consulting Services Contract, Scope C
awarded by City Commission on August 7, 2018 and renewed on August
20, 2022.
C. Proposed Resolution No. R22-142 - Authorize the City Manager to sign an
Agreement and Business Associate Agreement with CareATC of Tulsa,
OK to provide services required to manage an employee health care clinic,
not to exceed $780,000 per fiscal year. (Postponed at the October 4, 2022
City Commission Meeting.)
D. Proposed Resolution No. R22-143- Approve the renewal of property,
casualty, and workers' compensation insurance coverage through Florida
Municipal Trust (FM IT) and authorize the City Manager to sign all required
documents for the term of the policy: October 1, 2022 through September
30, 2023. (Postponed at the October 4, 2022 City Commission Meeting.)
E. Proposed Resolution No. R22-151- Approve Award of Bid No. UTL22-036
for "Lakeside Gardens Utility Stormwater and Water Improvements —
Phase II (Grant Funded)" project and authorize the City Manager to sign
an Agreement and issue a Purchase Order to the lowest responsive and
responsible bidder, B&B Underground Construction Inc. of West Palm
Beach, Florida, in the amount of $2,645,441 .75 plus a 10% contingency of
$264,544.18 if needed, for staff approval of change orders for unforeseen
conditions, for a total expenditure of $2,909,985.93 and approve the
Utilities Capital Improvement Plan (CIP) roll over of 2,178,478.00 and
budget transfer of $731,507.93 for the project.
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Mayor Penserga pulled Item 7E.
Motion:
Vice Mayor Cruz moved to approve the Consent Bids and Purchases over $100,000.
Commissioner Kelley seconded the motion. The motion passed unanimously.
Mayor Cruz asked for an update from staff on Item 7E.
Staff provided a presentation and reviewed the project area, project objectives, and BID
No. UTL22-036.
Motion
Vice Mayor Cruz moved to approve Resolution No. R22-151. Commissioner Hay
seconded the motion. The motion passed unanimously.
8. Public Hearing
6 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 Resolution R22-145- Declare the City owned vacant property
(0.0458 acres) located at 319 NE 12th Avenue, PCN #08-43-45-21-20-
002-0182, as surplus and direct staff on desired disposition process to
follow.
City Attorney Cirullo stated that there was an offer to purchase the property, and this
item is to declare the property as a surplus property.
Howard Brown stated that he owns 317 NW 12th Avenue and that he would like to
acquire the property and take care of the property because it is a nuisance.
Commissioner Hay stated that he has been over there several times, and there is
nothing that the City can do with the strip of property, and it makes sense to give this
property to this owner so that it can be maintained.
There was consensus with the Commission on this decision.
Public Comment:
Dr. Piotr Blass congratulated the owner.
Ernest Mignoli stated that it was interesting that the City could not maintain their
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property and they let it get dilapidated and give it to someone. He said that the public
is not represented, and asked who gave the Commission the authority to give these
properties away.
Virtual Speaker: 1 hand raised.
Courtlandt McQuire stated that he would like to get free land too. He said that it does
not sound taxable or clean.
Commissioner Turkin asked for clarification about whether the new owner will pay
extra property taxes.
City Attorney Cirullo stated yes and said that the sale will come back. He noted that
this is to declare the property as surplus and authorize the direct negotiated sale. The
actual sale will be approved separately.
Mayor Penserga asked about the appraised property value.
Mr. Mack replied that the property is valued at $880.
Commissioner Hay stated that this is not the first time we have done this.
Motion
Vice Mayor Cruz moved to approve Resolution No. R22-145. Commissioner Kelley
seconded the motion. The motion passed unanimously.
9. City Manager's Report- None
10. Unfinished Business- None
11. New Business
A. Commission discussion on Advisory Boards reporting to the City
Commission, requested by Commissioner Kelley.
Commissioner Kelley thanked Kathryn Matos, Assistant City Manager, for the
spreadsheet that she distributed. She said that one of the reasons she brought this
up is because she has sat on several Boards and they always have to report to the
governing body, and she feels like it is important that they report to the Commission.
She said that this should be a regular process on how we want to the Boards to work.
Mayor Penserga stated that he normally has to chase the Boards for reports. He
asked Commissioner Kelley how she would like to see this presented.
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Commissioner Kelley spoke about possibly getting short presentations from the
Boards and rotate them.
Mayor Penserga agreed that presentations should be in-person and on a rotating
schedule. He would like it to be clear that whoever is there to present is there to
represent the Board as a whole.
There was consensus from the Commission.
Commissioner Hay stated that they did an annual report before and agrees for the
Boards to present in-person to summarize accomplishments. He said that they should
look at how often the Boards meet.
Mrs. Matos spoke about how often they meet and asked for clarification on how
frequently they want the Boards to present and recommended that each Board get
consensus from their Board on the report before presenting to the Commission.
Consensus was reached to have Boards present annually but reserve the right to
request a Board present more frequently.
Vice Mayor Cruz said that she would like to know how we communicate about
vacancies on the Boards.
Mrs. Matos spoke about how it is communicated.
B. Proposed Resolution No. R22-144- Approve and ratify the appointment of
Adam Temple as Assistant City Manager - Development Services,
pursuant to City Code of Ordinances, Chapter 2, Article II, Section 2-30(b).
(Postponed at the October 4, 2022 City Commission Meeting.)
Item 11B was moved to after the Public Audience.
12. Legal
A. Proposed Ordinance No. 22-018 - First Reading - Approve modifications
(CDRV 22-005) amending the Part III LAND DEVELOPMENT
REGULATIONS, Chapter 1, Article II. Use Definitions, Chapter 3. Zoning,
and Chapter 4, Article III. Exterior Building and Site Standards (CDRV 22-
005), to include requirements for commercial frontage.
City Attorney Cirullo read Ordinance No. 22-018 into the record.
Amanda Radigan, Director Planning and Zoning, spoke about the following:
commercial frontage; proposed amendments; proposed amendments continued;
map on proposed amendments; 50% Commercial Frontage Requirement diagram
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and 70% Commercial Frontage Requirement + Remainder Active Frontage Diagram;
questions.
Vice Mayor Cruz thanked staff for this presentation and said that it is the right thing
to do for our City and that we need to move forward with this. She stated that it will
make our City more viable.
Commissioner Turkin stated that he went to the last Planning and Development
Meeting and it was passed unanimously. He said that it was interesting because this
will help give us a walkable downtown, and it will help give us an identity.
Commissioner Kelley agreed that this is important and spoke about projects that were
coming up and that this stemmed out of that.
Commissioner Hay agreed.
Vice Mayor Cruz asked if this only affects mixed-used developments
Ms. Radigan responded yes, and spoke about exemption opportunities.
Motion
Commissioner Turkin moved to approve Ordinance No. 22-018 at First Reading.
Commissioner Kelley seconded the motion. In a roll call vote, the motion passed
unanimously.
B. Proposed Ordinance No. 22-019 - First Reading - Approve an ordinance
of the City of Boynton Beach Florida amending Article II of Chapter 18 of
the Boynton Beach Code of Ordinances entitled Employees' Pension Plan
amending section 18-145 City of Boynton Beach Investment Policy for
General Employees' Pension Fund; providing for codification conflict
severability and an effective date.
Attorney Cirullo read Ordinance No. 22-019 into the record.
Mara Frederiksen, Director of Finance, explained the Ordinance and noted that it is
diversifying the portfolio based on the market.
Vice Mayor Cruz asked who the investment manager is.
Mayor Penserga said that the investment manager is Jeff Swanson.
Motion
Commissioner Kelley moved to approve Ordinance No. 22-019 at First Reading.
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Commissioner Hay seconded the motion. In a roll call vote, the motion passed
unanimously.
C. Proposed Ordinance No. 22-020- First Reading - An Ordinance of the City
of Boynton Beach Florida amending Article III of Chapter 18 of the Boynton
Beach Code of Ordinances entitled Municipal Police Officers' Retirement
Trust Fund amending Section 18-164 to provide for pension contributions
by drop members; amending Section 18-175 deferred retirement option
plan to provide for 8-year drop; providing for codification conflict,
severability, and an effective date.
City Attorney Cirullo read Ordinance 22-020 into the record.
Julie Oldbury, Director of Human Resources and Risk Management, explained that
there was a change in the drop during negotiation with the PBA, and this is to make
this document mirror the contract.
Motion
Vice Mayor Cruz moved to approve Ordinance No. 22-020 at First Reading.
Commissioner Hay seconded the motion. In a roll call vote, the motion passed
unanimously.
D. Proposed Ordinance No. 22-021 - First Reading - An Ordinance of the City
of Boynton Beach Florida amending Section 18-300 Creation of
Consolidated Deferred Retirement Option Plan to exclude Police Officers
and Firefighters and to update for recent changes to the IRS Code;
providing for codification conflict, severability, and an effective date.
City Attorney Cirullo read Ordinance No. 22-021 into the record.
Ms. Oldbury explained the consolidated drop ordinance that was done many years
ago and said that they have to remove reference to Police and Fire.
Motion
Vice Mayor Cruz moved to approve Ordinance No. 22-021 at First Reading.
Commissioner Kelley seconded the motion. In a roll call vote, the motion passed
unanimously.
E. Proposed Ordinance No. 22-022 - First Reading - Approve modifications
(CDRV 22-006) to Part III. LAND DEVELOPMENT REGULATIONS
amending Chapter 2 Land Development Process, Article II Planning and
Zoning Division Services, Section 1 .F to allow for an expiration of
abandoned applications and Section 7.G to establish a process for Zoning
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Interpretations and; Chapter 3. Zoning, Article II General Provisions
Section 11 to create an exemption for City-owned telecommunication
towers used for essential services and; Article III. Zoning Districts and
Overlay Zones, Section 2.B revising the parameters for permitted
Administrative Adjustments; Article IV. Use Regulations, Section D,
Footnote 23 to revise the regulations for industrial uses on arterial and
collector roadways; Chapter 4. Site Development Standards, Article V.
Minimum Off-Street Parking Requirements, Section 3.G to include a
sustainable parking ratio for select industrial uses.
City Attorney Cirullo read Ordinance No. 22-022 into the record.
Ms. Radigan spoke about the overview and current conditions.
Vice Mayor Cruz asked how many pieces of land they are talking about.
Ms. Radigan explained the piece of land that they are referring to.
There was discussion regarding what properties can fall into the categories and the
exemptions in the code.
Motion
Commissioner Hay moved to approve Ordinance No. 22-022 at First Reading.
Commissioner Kelley seconded the motion. In a roll call vote, the motion passed
unanimously.
F. Proposed Ordinance No. 22-023 - First Reading - Amending Chapter 23,
Taxation, Assessments and Fees, Article IV, Additional Homestead
Exemption, Section 23-54 to increase the additional homestead exemption
for low-income senior citizens from $25,000.00 to $50,000.00; and
amending section 23-54 by creating a new Section 23-54(b)(3) to add an
additional exemption for low-income long-term senior citizens.
City Attorney Cirullo read Ordinance No. 22-023 record and explained that this was
directed by Commission to staff.
Mayor Penserga stated that there are two parts to this and both apply to low income
seniors. He asked for the criteria clarification.
City Attorney Cirullo stated that there is a minimum income, and it is changed every
year.
Mayor Penserga stated that this affects the most vulnerable residents and will change
the lives of our residents.
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Vice Mayor Cruz stated that we have a large senior population and it is a win for
seniors. She asked how this will be communicated to the community, and suggested
that we have an application for this and have staff to help.
City Manager Dugger stated that he will work with staff and will get information to the
Commission regarding what is being done.
Mayor Penserga mentioned that we will have to coordinate with the Property
Appraiser's Office.
Commissioner Hay stated that he supports this, and that anything we could do to help
the seniors, we should do it.
Commissioner Turkin agreed with this and said that he hopes other municipalities will
follow. He suggested flyers go out on this.
Commissioner Kelley agreed and said that this cannot go out only via social media,
staff needs to think outside of the box for communication efforts.
Commissioner Turkin suggested reaching out to the Presidents of the 55+
communities.
Motion
Vice Mayor Cruz moved to approve Ordinance No. 22-023 at First Reading.
Commissioner Kelley seconded the motion. In a roll call vote, the motion passed
unanimously.
G. Proposed Ordinance No. 22-024 - First Reading - Approve modifications
to reduce building heights in MU-C and MU-4 Zoning Districts (CDRV 22-
004) amending Chapter 3. Art III. Sec 1 . E Table 3-4. Mixed Use Urban
Building and Site Regulations.
City Attorney Cirullo read Ordinance No. 22-024 into the record.
Ms. Radigan spoke about building height amendment as follows: redevelopment
planning; height discussion timeline; proposed amendment to urban mixed-use;
Chapter 3, Article III. Section 1E Table 3-4; questions. She stated that there was a
Planning & Development meeting on October 12th and that generally the comments
included a more inclusive amendment, commercial area traffic; transition from a
transit-oriented development (TOD) to a more traditional downtown; and desire to
minimize legal risk. She noted that staff developed an alternative amendment if the
Board would like to hear it.
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Vice Mayor Cruz asked what the TOD acronym is and clarification on what it is.
Ms. Radigan explained what the TOD is.
Mayor Penserga asked about the alternate amendment.
Ms. Radigan explained the alternate amendment, and said that it will do two things:
retire MU-C & MU-4 and Establish MU-DT (Mixed Use Downtown). She stated that it
minimizes taking away rights and spoke about retiring zones in the past. She also
noted that it limits legal exposure.
Commissioner Hay asked where in the process would be the minimum that would be
affected.
Ms. Radigan said that no one would be affected as of now. She stated that this is for
new developments coming in, and will not affect anyone that has been established.
Vice Mayor Cruz stated that we need to look at our Comp Plan and CRA Plan, and
making an amendment to height would require us to look at several components. She
asked Commissioner Turkin what the purpose is for this.
Commissioner Turkin stated that we need to look at historical content, and we were
never a tall City. He said that we would not meet the density needed for a train station,
and the train station is not wanted. He shared a story of a 5-year-old kid that was hit
by a car last week and said that we are understaffed at the Police Department and
we are having rapid development and we cannot serve to the best of the ability now
and it is unjust. He said that they were going to focus on more greenspace and said
that times change from when they voted about this back in 1989. He mentioned that
it is not right for us to continue down this path. He commented about the lawsuits in
other municipalities, and that they are booming even though they are not tall cities.
He asked if there are plans for a train station.
Ms. Radigan stated that there has been a plan for a possible train station for many
years and explained where and how they would qualify for it.
There was discussion regarding train stations and what tracks they would use, and
the identity of the City.
Commissioner Turkin asked Fire Chief Bruder how high the highest fire ladder could
go.
Hugh Bruder, Fire Chief, explained the ladder heights and the issues that they come
across when going to fires in high rises.
Commissioner Kelley stated that she has concerns with the legal aspects, and
16
Meeting Minutes
City Commission Meeting
Boynton Beach, FL October 18, 2022
explained why. She said that we need to be careful how we approach this for the
residents and employees. She said that she is not comfortable voting on this tonight
because she wants to make sure that we are looking out for everyone.
Vice Mayor Cruz asked again for the purpose of this ordinance. She said that she
agrees with catching up with infrastructure and asked for more information about the
identity and housing.
Ms. Radigan stated that staff is looking at updating the housing ordinances. She
explained the different programs that the City has.
There was discussion regarding housing; increased density; authority about deciding
if the developer can have rentals or sell properties; serving the people; and no ability
to widen the roadways.
Commissioner Hay agreed with Commissioner Kelley and the legal aspect of this. He
said that he is in favor of reducing the height but thinks that we are moving too fast,
and that he loves the alternative option. He said that he would like to see this held
off, and wants to know what projects will be impacted.
Ms. Radigan stated that this process started in May and there have been five (5)
meetings since it started. She clarified the process and gave them what their options
are.
Commissioner Turkin clarified that he doesn't want the City to be sued, and he will
always fight for the constituents.
City Attorney Cirullo stated that if you do not take away something from someone
who is already established, there is not a large risk.
Mayor Penserga stated that there is consensus to take a look at the alternative
method. He clarified that both of these are basically the same but one has minimum
legal risk. He said that it is simple from his perspective. He asked for staff to come
back with the alternative option.
There was discussion regarding the process if they go with the alternative
amendment and said that the timeline can be as quick as the Commission would like;
looking at reducing density to 60; not rushing through this ordinance; and
accountability with the Commission.
Ms. Radigan asked for clarification for staff.
Commissioner Turkin stated that he would like to move forward with the alternative
amendment, and the Commission do their due diligence and not continuing
postponing this.
17
Meeting Minutes
City Commission Meeting
Boynton Beach, FL October 18, 2022
Commissioner Kelley stated that it has been a long time that this has been discussed
but there was no conversation about the alternative amendment between staff until
just now at this meeting. She stated that there should be more communication from
staff to the Commission.
City Manager Dugger stated that staff poured hours into this, and this alternative plan
just came up yesterday and it helped with resolving the issues they were facing.
Vice Mayor Cruz thanked staff for going above and beyond.
Motion
Commissioner Hay moved to table Ordinance No. 22-024 and direct staff to bring back
this ordinance with the alternative amendment. Commissioner Kelley seconded the
motion. In a roll call vote, the motion passed unanimously.
H. Proposed Ordinance No. 22-017 - First Reading - Tenant Notice and Bill
of Rights Ordinance. (Postponed at the October 4, 2022 City Commission
Meeting.)
City Attorney Cirullo read the Ordinance No. 22-017 and stated that there was a
change providing for 90 days, instead of 60 days.
Mayor Penserga thanked staff and explained the history of this ordinance. He said
that this provides stability in the City and this is another no brainer.
Commissioner Turkin stated that he is prepared to vote on this and is happy that this
is moving forward.
Motion
Commissioner Hay moved to approve Ordinance No. 22-017 at First Reading.
Commissioner Kelley seconded the motion. In a roll call vote, the motion passed
unanimously.
13. Future Agenda Items
A. Discuss options for updating the Community Support Funds Policy -
November 1, 2022
B. Draft Ordinance on Civility & Decorum - November 1, 2022
C. Discussion on Regulating Vacation Rentals - November 1, 2022
18
Meeting Minutes
City Commission Meeting
Boynton Beach, FL October 18, 2022
D. Report on the status of infrastructure within the City, requested by Mayor
Penserga - November 15, 2022
E. Continued discussion regarding a potential park in Leisureville and
creating a Restrictive Covenant on this parcel, requested by Vice Mayor
Cruz. - January 2023.
F. Legal options for preserving the future park site in the Meadows
subdivision as green space, requested by Commissioner Kelley. - TBD.
Commissioner Hay asked to add for future item to have discussion regarding a
proclamation for December 26 to be SJ Day.
There was consensus to add this to the November 1st agenda.
Vice Mayor Cruz stated that when there is something is added at the meeting, it does
not follow procedure.
Commissioner Turkin thanked staff and asked why they did not have Christmas
decorations last year.
City Manager Dugger said it was an oversight last year and will make sure they have
them this year.
14. Adjournment
Motion
Commissioner Hay moved to adjourn the meeting. Commissioner Kelley seconded the
motion. The motion passed unanimously.
There being no further business to discuss, the meeting was adjourned at 10:00 P.M.
CITY OF BOYNTON BEACH
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Maylee 47J-sus, C ', :�N 192�•�
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19
PALM BEACH COUNTY
NURSES, TEACHERS,
FIRST RESPONDERS 004
ESSENTIAL WORKERS
are being forced to move away
ft .
Runaway housing prices are making
homes and apartments too expensive...
even for high-skill workers.
IT PUTS OUR SAFETY AND QUALITY OF LIFE,AT RISK.
So, what can we do to help fix it?
NOVEMBER 8TH
VOTE Fp R
4. HOUSING BOND
THE SOLUTION
$200 Million Housing Bond
Smart Housing Plan
20,000 HOMES AND APARTMENTS
. . d... - . . . . . . .i.. amilies
Q Q 12r 15;!'i •' Q Q Q e
It lowers housing prices and makes rent
more affordable by:
6 Speeding up permitting to lower
construction and financing costs.
L Increasing the supply of rentals giving
workers more choices and helping to
protect against unfair rent increases.
Revitalizing existing housing in
disadvantaged neighborhoods through
rehab and community redevelopment.
C Stopping Wall Street investors from driving
up Palm Beach County housing prices and
squeezing out those who serve us and
keep us safe.
NOVEMBER 8TH
VOTE FOR
vitt, HOUS
ING BOND
Learn more go to: Hometownhousingtrust.com
Pd.Pol.Adv.paid by Hometown Housing Trust,Inc.501 S.Flagler Dr.Ste.220,West Palm Beach,FL 3340
Alternative Amendment
Retire MU-C & MU-4
Establish MU-DT (Mixed Use Downtown)
Reduced Height — 85' Maximum
Reduced Density — 70 du/ac Zoning District Density FAR Height
Reduced FAR — 3.5 MU-? Urban Mixed User 20—1-7.-5-1 -4*
• Minimal legal risk MU-2 Urban Mixed Use 40 3.0 65
• Allows for other development standards to MU-3 Urban Mixed Use 50 3.0 1 75
be addressed 1U-DT Urban Mixed Use 70 ,J.5 85
• Begins transition from TOD to Downtown MU-4 Urban Mixed Use 60 4 100
• Has been done (CBD transition to MUs) _. , . .
• Can include Conditional Use / waiver MU-Core Urban Mixed Use 80
options
2 years Required to 3 Act in an advisory capacity to the Commission and provide Where possible,a minimum of two
hold at least 4 recommendations to the Commission on the following: members shall be chosen from among
meetings/year; nomination of properties and districts to the National Register of the disciplines of architecture,history,
Board is Historic Places and Boynton Beach Register of Historic Places; architectural history,archaeology,
scheduled for adoption,modification,or replacement of a Design Guidelines landscape architecture or planning.A
the 2nd Monday Handbook;hold public hearings and approve or deny applications minimum of three additional members
each month for certificates of appropriateness or certificates of economic of the board shall be experienced in the
hardship affecting proposed or designated properties or areas of commercial development,real
properties within districts;advise and assist owners of properties estate,banking or law.The two
on physical and financial aspects of preservation,renovation, remaining members shall be citizen
rehabilitation and reuse,and on procedures for inclusion in the members at large.
National Register of Historic Places;call upon available city staff
members as well as other experts for assistance and/or technical
advice;authorize a member of the board to testify before a board
or committee on any matter affecting historically,culturally,
archaeologically,and architecturally significant properties and
resources;confer recognition upon the owners of properties and
districts by means of certificates,plaques or markers;
recommend amendments or changes to these regulations;inform
and educate the citizens of the city concerning the historic,
cultural,archaeological,and architectural heritage of the city;
participate In survey and planning activities of the certified local
government;coordinate with the State of Florida's Division of
Historical Resources Certified Local Government Program by
satisfying the following requirements:give 30 days notice to State
Historic Preservation Officer for all board meetings and ordinance
changes,copies of board meeting minutes;and submit an annual
report covering activities of the previous year including copy of
the Rules of Procedure,copy of the Historic Preservation
Ordinance; resumes of the Historic Resources Preservation Board
members,changes to the Historic Resources Preservation Board
membership,new local designations and National Register
listings,review of survey and inventory activity with a description
of the system used,program report on each grant-assisted
activity,and number of projects reviewed.
2 years On Call 3 Hear appeals of decisions and interpretations of the building Board members shall be composed of
official and consider variances of the Florida Building Code and individuals with knowledge and
other technical codes.See Boynton Beach Administrative experience in the technical codes to
Amendments to the Florida Building Code 6th Edition(2017). include,to the greatest extent possible,
an architect,engineer,general
contractor,electrical contractor,HVAC
contractor,plumbing contractor,and any
other contractor licensed category.In
addition to the regular members,there
should be two alternate members,one
member with the qualifications
referenced above and one member at
large from the public.
2 years Monthly-1st 3 Once assignments are Make recommendations on the programs,activities and funding As outlined in Resolution R15-136,the
Thursday complete,the CRA Advisory issues affecting the implementation of the CRA Plan.As detailed City Commission is designated to
Board shall submit it's report in the memorandum attached to Resolution R15-136,the determine necessary experience,
to CRA staff or City Clerk for Commission or CRA Board must approved by majority vote any education or skills of board members.
publishing on the next assignment given to the CRA Advisory Board. Any person may be appointed to the
available agenda(reference Advisory Board if he or she resides or is
Memorandum attached to engaged in business,which means
Resolution R15-146). owning a business,practicing a
profession,or performing a service for
compensation,or serving as an officer or
director of a corporation or other
business entity so engaged,within the
City.No less than four(4)members of
the Advisory Board shall be residents of
the City.Advisory Board Members serve
at the pleasure of the City Commission
and may be removed by a majority of the
Commission with or without statement
of cause.
At Not date specific;as Annually,as Not Committee to provide annual The Committee recommends monetary and non-monetary Not applicable,governed by State Governed by State Statute 420.9076(2),
d discretion members'terms expire, needed. specified report to the local governing incentives for affordable housing in an effort to improve existing Statute 420.9076(2). a locally elected official from the City
of City, new members are body and to the entity housing and provide new housing for very low,low and shall serve on the Committee,as well as
members appointed. providing statewide training moderate-income households. The Committee annually reviews a representative from at least 6 of the
currently 3 and technical assistance for the established policies and procedures,ordinances,land following categories:a citizen who is
year terms the Affordable Housing development regulations,and the City's adopted comprehensive actively engaged In the residential home
Catalyst Program with plan and recommends specific actions or initiatives to encourage building industry in connection with
recommendations on the or facilitate affordable housing while protecting the ability of the affordable housing,a citizen who is
Implementation of affordable property to appreciate in value. actively engaged in the banking or
housing incentives as outlined mortgage banking industry in connection
in State Statute 420.9076(4). with affordable housing,a citizen who is
a representative of those areas of labor
actively engaged in home building in
connection with affordable housing,a
citizen who is actively engaged as an
advocate for low-income persons in
connection with affordable housing,a
citizen who is actively engaged as a for-
profit provider of affordable housing,a
citizen who is actively engaged as a not-
for-profit provider of affordable housing,
a citizen who is actively engaged as a real
estate professional in connection with
affordable housing,a citizen who actively
serves on the local planning agency
pursuant to s.163.3174.1f the local
planning agency is comprised of the
governing board of the county or
municipality,the governing board may
appoint a designee who is
knowledgeable in the local planning
process,a citizen who resides within the
jurisdiction of the local governing body
making the appointments,a citizen who
represents employers within the
jurisdiction,a citizen who represents
essential services personnel,as defined
in the local housing assistance plan.
length of Term of Service Frequency of Permitted Reporting Board Purpose,Power&Duties Member Qualifications for All Boards Specific Board Member Qualifications
Term Meetings Absences
2 years 2 years,commencing April Once a month 3 As outlined in City Code Act in an advisory capacity to the Commission,assure Per City Code Chapter 27,Article I, Residents or business owners preferably
1 and expiring March 30 Chapter 27,Secrion 27-7(c), representation of the ideas of citizens and taxpayers of the City members serving on advisory boards with the following background:artist,art
of the 2nd year of each board shall periodically relative to the function and operation of municipal libraries and and committees shall possess sufficient volunteer/activist;planner;private
appointment.No member advise the City Commission of reading rooms in the City,including making recommendations knowledge,experience,judgment or developer;architect;neighborhood
shall be appointed for its findings with respect to relative to control of expenditures of moneys collected or background necessary to competently association member;interested citizen.
more than 2 successive certain matters delegated to donated to the credit of any municipal library yin this City and serve the board or committee to which
terms.A member who has each board and shall make supervision,care and custody of the grounds,rooms,property they are appointed.
been appointed to fill an recommendations to the City and buildings constructed,leased or set aside for municipal (1) In order to qualify for
unexpired term shall Commission on any matter library purposes;making recommendations for the appointment appointment to and to serve as a
remain to serve 2 full 2 referred to it within 30 days of suitable librarian and assistants and their respective rates of member of any board or committee of
year successive terms.No or within such time as compensation;establish regulations for the government and the city,an individual must be an
member shall be eligible prescribed by the City control of any municipal library as may be deemed necessary for elector of Palm Beach County,Florida.
for reappointment to the Commission by specific its preservation and to maintain its usefulness and efficiency;fix (2) In selecting individuals to serve
same advisory board resolution. and impose by general rules,penalties and forfeitures for failure on boards and committees of the city,
unless otherwise to return any book or for violation of any by-laws or regulations preference shall be given to individuals
approved by the of the board;annually in an advisory capacity assist the city who are residents of the City of
Commission. manager in preparing a budget for the maintenance and Boynton Beach,provided however,
expansion of municipal library facilities;keep records,inventories non-residents who own property in the
and accounts,budgetary or otherwise,of all of the activities of city,own a business within the city,or
the board and the municipal library system and make reports to serve as an officer,director or manager
the city manager and the City Commission relative thereto of a business located within the city
annually or whenever requested to do so by the Commission. may also qualify for appointment
2 years Once a month 3 Act in an advisory capacity(non administrative)to the provided they possess qualifications or None listed in ordinance.
Commission,to assure representation of the ideas of citizens and experience uniquely suited to deal with
taxpayers of the city relative to the function and operation of the subject matter over which the
municipal libraries and reading rooms in the city,and board or committee has subject matter
such advisory assistance shall include,but not be limited to, review or power.
recommendations relative to control of expenditures of moneys (3) In selecting individuals to serve
collected or donated to the credit of any municipal library in this on boards and committees of the city,
city,and the supervision,care and custody of the grounds,rooms, preference shall be given to individuals
property and buildings constructed,leased or set aside for who do not presently serve on one of
municipal library purposes. the city's boards.
2 years Once a month 3 Act in an advisory capacity(non-administrative)to the (4) Concurrent service on city None listed in ordinance.
Recreation and Parks Department,to assure representation of boards and committees shall be
ideas of citizens who are interested in promoting better permitted only to the extent necessary.
recreation and park facilities and programs for the city.Such If a board member holds a position on a
advice shall include but not be limited to site locations, board that conducts"quasi-judicial
development,supervision and maintenance of public recreation proceedings"as defined by section 27-8
and parks of the city;may acquire by gift or donation,any herein,such member shall not
property for public recreation or park purposes;make concurrently serve on another advisory
recommendations to the city manager and City Commission, board that has similar quasi-judicial
through the Recreation and Parks Director,concerning the powers.
purchase of property by the city for public recreation and park
purposes,concerning the establishment,maintenance,and
supervision of public recreation and parks,and concerning
expenditures of the recreational and park fund hereinafter
established;keep records and accounts of all the activities of the
Board and make reports through the Recreation and Parks
Department to the City Commission and city manager whenever
requested to do so.
2 years Quarterly,"as 3 Assist the elderly in setting up a retired senior volunteer program None listed in ordinance.
needed"per the known as RSVP to provide services for the homebound;seek
City Code;per federal and state grants to provide for services;monitor and
the board's lobby for legislation regarding the elderly;make arrangements for
request they the medical mobile unit already in operation in Palm Beach
now meet County to bring it to the City of Boynton Beach;provide a
monthly-1st pamphlet of available programs for seniors;provide a speakers
Monday of each bureau,workshops and educational meetings on topics of
month. interest for seniors;recommend free legal programs and banking
services for the homebound;provide recreation and social
programs.
2 years; Once a month 3 Assist the City and local schools in the development of programs None listed in ordinance.
student that promote ongoing relationships with caring adults and the
members recruitment of volunteers to assist students before,during and
serve 1 after school;formulation of long and short range programming to
year terms benefit the children and youth of the community by involving
parents,the business community,civic and neighborhood
organizations,including volunteer recruiting for before and after
local school programs;contact community groups and businesses
within the geographical boundaries of Boynton Beach for
professional skills,materials,financial or education support for
the schools and with the purpose of implementing programs at
local schools that benefit students from Pre-K through grades
and vocational schools;development of incentives and
enhancements to encourage the development of safe places,
including improved playgrounds at or near local schools and
structured activities during non-school hours;coordinating with
city's parks and recreation department to improve playgrounds at
or near local schools;identification and dissemination of
information on local,county,state and federal programs that
provide beneficial services to children and their families;
developing strategies for communicating with the School Board
of Palm Beach County and its staff,advising the City Commission
as to the activities of the School Board,and other federal,state
and local legislative bodies which affect the needs of students,
within the city;developing recommendations to the City
Commission for forwarding to the School Board of Palm Beach
County regarding actions which may be taken in support of
schools in Boynton Beach and with respect to proposed
legislation at the state level;development of child and youth
advocacy programs;developing public relations that highlight
successful programs within the schools to help improve their
image in conjunction with local media;coordinating with the local
police department to improve safety for students before,during
and after school,and to promote and enhance the relationship
between children and local police.
2 years 4th Tuesday of 3 The Planning and Development Board shall act in an advisory The City Commission shall give
each month capacity to the City Commission by conducting investigations and preference,when possible,to resident
holding public hearings regarding the following: ordinances, professionals such as urban planners,
regulations,and other proposals promoting orderly development developers,realtors,and design
along lines indicated as desirable by the Comprehensive Plan; professionals licensed in the disciplines
proposed developments and determination of conformance to of architecture,landscape architecture,
the principles and requirements of the Comprehensive Plan and and civil engineering.Should a member
Land Development Regulations;changes or amendments relating of the Planning and Development Board
to the boundaries of the city,its zoning districts,or future land move outside the city limits,the member
use map classifications;changes or amendments to the text of shall become disqualified,and a new
the Comprehensive Plan or Land Development Regulations;other member shall be appointed by the City
duties which may be lawfully assigned to it,or which may have a Commission.
bearing on the preparation or accomplishment of the plan;
project designs,aesthetics,quality,and impact upon the value of
property and the physical environment of the City;and the
promotion of sustainable development activities.
City staff shall review each of the following types of applications
and requests and make a recommendation to the Planning and
Development Board,who shall have the authority and duty to
hear and make recommendations to the City Commission:
Annexation; Comprehensive Plan amendments;Conditional use;
rezoning;Master Plan(new);Major Master Plan modification;
Site Plan;Site Plan time extension;Major Site Plan modification;
Vacation and abandonment;Master Site Plan(new);Major
Master Site Plan modification;Use approval;Waiver(in PID);
Community Design Appeal;Height exception;Variance to Land
Development Regulations;and,Wireless communication facilities
(WCF).No action of the Planning and Development Board shall be
considered a final action until ratified by the City Commission.
1 FROM KAREN C. YEH HO
2 To Honorable City of Boynton Beach mayor, and commissioners:
3 ALL PROPERTIES LOCATED IN PALM BEACH COUNTY.
4 PROPERTY OWNER: 1101-1103 N. FEDERAL HIGHWAY, BOYNTON
5 BEACH, FL 33435; 8014 TANGELO DRIVE, BOYNTON BEACH, FL 33436;
6 1305 VIA DE PEPI, BOYNTON BEACH, FL 33426. (The homeowners
7 association named LA FLORENCE AT RENAISSANCE COMMONS
8 HOMEOWNERS ASSOCIATION INC. (correctly used the name since it is
9 register with Secretary of State Florida, show in Sunbiz.org) The Board members
10 are using two accounts for purpose of foreclosure on the homeowners property.
11 The attorneys target the homeowners identify as Asian. An easy target for
12 extortion for money for attorney fees by filing SHAM lawsuits and using the court
13 proceedings to obtain personal private financial information. These attorneys were
14 able to obtain judgment for foreclosure or extort homeowners to pay their
15 fabricated none existing homeowners association fees and attorney fees to prevent
16 foreclosure on their property. The TALLFIELD MANAGEMENT did not register
17 with Sunbiz.org. The TALLFIELD MANAGEMENT did not register with
18 Department Business Professional Regulation. The TALLFIELD
19 MANAGEMENT did not register with CITY OF BOYNTON BEACH to do
20 business within CITY OF BOYNTON BEACH. One of the board member named
21 DAVID MEDNICK, a treasurer, is using this scheme to buy property from the
22 homeowners to negotiation with him. Karen C. Yeh Ho was the treasure for the La
23 Florence at Renaissance Commons Homeowners Association Inc. for the
24 beginning until 2012. I hope the City of Boynton Beach Police is willing to take
25 my complaint in writing with evidences to support my criminal complaint.
26 100 VIA LUGANO CIRCLE UNIT 203, BOYNTON BEACH, FL 33436.
27 (Northland Lugano LLC by using fake entity to eRecording fake deed and
28 currently did not show Karen C. Yeh Ho and Wing Ho as property owner when
29 they both still paying their mortgage on the property.) That is property deed fraud
30 scam. I am not the only victim. There are numerous property owners who did not
31 sell their property to Northland Lugano LLC was evicted from their home still with
32 mortgage and may ended up with deficiency judgment.
33
Page 1 of 4
34 8038 TANGELO DRIVE, BOYNTON BEACH, FL 33436. (Pending appeal in
35 Federal Court). I am filing complaint for Department of Justice to look into the
36 reason for WELLS FARGO BANK, N.A. to erase my payment history as though I
37 did not pay for my mortgage. I have discovery evidences for proof that I had make
38 payments on time and WELLS FARGO BANK, N.A. delete the payment records.
39 To intentionally, maliciously foreclosed on my property WELLS FARGO BANK,
40 N.A. used my one time only law firm who took my money for attorney service
41 telling WELLS FARGO BANK, N.A that I had permanent streamline loan
42 modification the case should be dismissed. Instead of telling WELLS FARGO
43 BANK, N.A. to dismiss the case the law firm sign consent judgment for
44 foreclosure without my knowledge, consent and signature. The numerous judges
45 wont' vacate the illegal judgment and return my house. So it is in Federal Court
46 since 2015 and Federal Appellate Court for another Equal Credit Opportunity Act
47 violation. The discovery of numerous wrongfully foreclosure from WELLS
48 FARGO BANK, N.A. possibly from the discovery of what I wrote in my
49 pleadings.
so NOW, we get back to the 1101 N. Federal Highway, Boynton Beach, FL 33435.
51 First there were three liens on the property with my name on the lien and few other
52 people. The filing fake liens is criminal. The most recent case is Florida State v.
53 Glenn Strub for filing fraudulent lien F.S.S. 713.13 AND F.S.S. 812.014 GRAND
54 THEFT.
55 One code enforcement lien was for mowing the lawn. My property did not have
56 any lawn or vegetation.
57 Another code enforcement lien was the building is not safe.
58 For the liens the assessment per day was $1,000 a day fine without any body
59 verified whether is true or not true.
60 The City of Building Department tried to demolish our building without having
61 any report from the professional engineer and architect and without enter the
62 building.
63 My husband and I spent over $10,000 to have professional civil engineer to
64 measure and issue a report that the building is safe and with second report from
65 professional architect that the building is safe. The professional architect did the
66 drawing for the new building.
Page 2 of 4
67 The $1,000 a day fine gave the City of Boynton Beach fake or fabricated income,
68 revenue to cover up for fraud.
69 Now the Heather Needleman, Esq. claim that City of Boynton Beach authorize to
70 file foreclosure without any attorney-client agreement from City of Boynton Beach
71 and the law firm, without mayor's verified statement that under the penalty of
72 perjury, without attachment of the commissioners meeting minutes. Heather
73 Needleman did not follow the rule of the Court and Florida Statutes for foreclosure
74 and lied, misrepresentation to the 15' Judicial Circuit Court and Federal Judges
75 and Federal Appellate Judges memorized in writing to foreclosed on the property.
76 On top of all lies Heather Needleman is seeking judgment for her attorney fees.
77 That was removed from the docket.
78 Heather Needleman knowingly that the case is pending in appeal court and obtain
79 foreclosure sale then certificate of title on the property. She know or should have
so known that predators from the City of Boynton Beach employee entered the
81 building breaks the locks and changed the locks and repainting the whole building
82 to make it look horrible building. Then the predators City of Boynton Beach
83 employee claim it a mistake. These all memorized in writing. The unknown
84 predators City of Boynton Beach employee committed transpressing and burgulary
85 on Wing Ho and Karen HO's property. There was NO WRIT OF POSSESSION
86 ISSUED and there was NO PALM BEACH COUNTY SHERIFF receive order for
87 WRIT POSSESSION.
88 Why?
89 1102 N. Federal Highway, Boynton Beach, FL 33435 was purchased for $868,958
90 on September 2020.
91 On November 2020 the former mayor Steve Grant signed quitclaim deed to
92 transfer the 1102 N. Federal Highway, Boynton Beach, FL 33435 for $0, (zero)
93 dollar amount.
94 On March 17, 2022 City of Boynton Beach's or Heather Needleman obtain
95 certificate of tile for $200,000. The Certificate of Title is "IN THE CIRCUIT
96 COURT OF THE JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY,
97 FLORIDA" did not indicate 15' Judicial Circuit Court.
98 On March 17, 2022 Heather Needleman, Esq., former mayor, commissioner Steve
99 B. Grant signed witness by CRA Theresa Ulterback, thuy T-Shutt and notary by
no Mercedes Coppin for $342, 100.
Page 3 of 4
101 Then CRA make false statement that it cost $170,000 for acquisition for property
102 1101 N. Federla Highway Redevelopment project.
103 This is a scam to steal real estate property from WING HO and KAREN HO.
104 My qualification: I am an accountant, E.D.P. auditor (Fraud auditor), Florida
los Licensed Real Estate Broker, Florida Licensed Community Association Manager,
106 Florida Licensed Professional Math (5-9), Science (5-9), ESOL endorsed (120
107 hours) and RN nursing student (take the classes to take excellent care of my elderly
los parents but drop out because my parents needed me before I could finish.)
109
110 Thank you for your attention to this matters. I hope we can change what is wrong
111 within the system.
Page 4 of 4
s<�
JOSEPH ABRUZZO ce.
f CLERK OF 1T IE CIRCUIT COURT&COMPTROLLER
PALM BEACH COUNTY Ov
CASE NUMBER: 50.2021•CA-006829-XXXX-MB
CASE STYLE: HO,WING V CITY OF BOYNTON BEACH
Search Criteria Search Results Case Info ( Party Names pockets&Documents Case Fees Court Events
First Name Middle Name Last Name Suffix p pmy Association
CITY OF BOYNTON BEACH DEFENDANT/RESPONDENT
JAIMIE GOODMAN JUDGE
WING HO PLAINTIFF/PETITIONER
KAREN YEH HO PLAINTIFF/PETITIONER
Filing# 128346242 E-Filed 06/08/2021 04:07:22 PM
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT,
IN AND FOR PALM BEACH COUNTY,FLORIDA
WING HO and KAREN YEH HO,
Plaintiff, Case No.:50-2021-CA-006829 Q(
Division:Al) 6 3
v. )(6)k
4441‘,
.rO
CITY OF BOYNTON BEACH,
Defendant.
0
/
NOTICE OF REMOVAL Ilkii
PLEASE TAKE NOTICE that Defendant,C rR',;' .,.e' ON BEACH,by and
through the undersigned counsel hereby respectfull. : - '1.. tiffs and this Honorable Court
of the removal of this action to the United S 's 4Court, Southern District of Florida.A
copy of the Notice of Removal filed "u . ,pursuant to 28 U.S.C. §1446(a) is attached
hereto and marked as Exhibit" "
10)
PLEASE T. I. R NOTICE that, pursuant to 28 U.S.C. §1446(d), this
Honorable Coui(*
p •ceed no further unless and until the case is remanded."
t =.. ; 8,2021
CERT CATE OF SERVICE
I HEREBY CERTIFY that the forgoing has been filed through the Statewide E-Filing
Portal and served through Certified U.S Regular Mail upon Wing Ho and Karen Ho,9174 Chianti
Court,Boynton Beach,FL 33472 at wh561@yahoo.com yahoo.com and lafrcQyahoo.com on this 8th day of
June 2021.
(00451183.1 306-9905567) Page 1 of 5
.ED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 06/08/2021 04:07:22 PM
GOREN,CHEROF,DOODY&EZROL,P.A.
Attorneys for Defendant, City of Boynton Beach
3099 East Commercial Boulevard,Suite 200
Fort Lauderdale,Florida 33308
Phone:(954)771-4500/Fax:(954)771-4923
s/ Heather Ne•delman
JAMES A.CHEROF
Florida Bar No.:291846
JCherof@GorencCherof.com
HEATHER NEEDELMAN
Florida Bar No.:92925
HNeedelman@GorenCherof.com;
GAL BETESH
Florida Bar No.: 118405
GBetesh • GorenChers .
4sfe
C.14+
4tici# 1P°
(00451185.1 306-9905367) Page 2 of 5
IN THE CIRCUIT COURT OF THE JUDICIAL
CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
Case No.502019CA015764XXXXMB
CITY OF BOYNTON BEACH
Plaintiff(s)/Petitioner(s),
vs.
BENJAMIN HO;KAREN HO;UNKNOWN TENANT IN
POSSESSION;WING HO;FOUNTAINS OF PALM BEACH 4440,,
CONDOMINIUM INC#3
Defendant(s)/Respondent(s)
CERTIFICATE OF SALE
Chapter 45
THE UNDERSIGNED CLERK of the Circuit Court certifies Notice of Public Sale of‘‘•
erty des.crIbed in
the Order of Final Judgment was published in Daily Business Review, a newspape' �4 cr in Palm Beach
County,Florida, In the manner shown by the Proof of Publication,and on M cAi 7 . 22,the property was offered
for public sale to the highest and best bidder for cash.The highest and b d reap►ed for the property in the
amount of$200100.00 was submitted by: „so._
CITY OF BOYNTON BEACH
And to whom the property was sold.The proceeds of le ar .etained for distribution in accordance with the
Order of Final Judgment of law.
• d and seal of this Court on March 17,2022.
•
J0-,,, •0'•bruzzo,Clerk of the Circuit Court&Comptroller, Palm Beach County
r(•1.}V'{'C-0Il. #} }(�i .
(1/({�ijj1 -'lpG7f;l`1
By:
f 14CH Deputy Clerk,Sara!Torres
Ato
Ak,e
•
FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK 3/17/2022 10:34:37 AM
CFN 20220139168
OR BK 33431 PG 943
0
-/--7627.71
`""` .._____..) RECORDED 03/31/2022 08:17:09
Palm Beach County, Florida
IN THE CIRCUIT COURT OF THE JUDICIAL AMT
CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Joseph Abruzzo
Clerk
CASE NO.50201• •i .:1•V'Kill """ ----"'"'"w"".�y---
Pgs 0943-0944; (2Pgs)
CITY OF BOYNTON BEACHop
i
‘,‘-Plaintiff(s)/Petitioner(s), �� r
vs. �� 1 t f
BENJAMIN HO;KAREN HO;UNKNOVtA�TENANT IN
POSSESSION;WING HO; FOUNTAINS OF P M BEACH Mr e,Aetr
CONDOMINIUM INC#3
Defendant(s)/Respdent s) (
net rah /// CI �
1-, •KATE OF TITLE ' "
THE UN*• - 'c e . RK OF this Circu i .•• Certifies that a Certificate of Sale was executed and filed in
this action on •,-rch 17, 2022 f• the property des« • • •erein and that objections to the sale have either not been
filed within the time allowe. .y statutory law or, if filed - been heard by the court. The property in Palm Beach
County, Florida is described as follows:
Street address: 1101 N.Federal Hi: '' :oynton Beach,Florida 33435
11.
LOT 1 BLK A, Lake Addition to Boynton ,-.arida, According to the plat
thereof, as recorded in Plat Book 11, Pay- of the Public. Records of
Palm Beach County, Florida, less and exc °: d e cast 17 feet of Lot 1
iwhen measured at right angles to the east Ft <' , said lot) Block. A and
that part of tot 1, Block. A,which is included in tt xtenial area formed
by a 1.2 foot radius arc tangent to the south line o said Lot :1 and tangent
to a line 1.7 feet westerly of and parallel to the east line of said Lot 1,
Block A,take Addition to Boynton,Florida., according to the plat thereof,
as recorded in Plat Book 11,Page 71.
PCN#0843-45:21.32-008.0010
was sold to:
CITY OF BOYNTON BEACH
C/O GOREN,CHEROF, DOODY&EZROL,P.A.3099 E Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308.
WITNESS my hand and seal of this Court on March 30,2022.
'zc°5' Joseph Abruzzo,Clerk of the Circuit Court&Comptroller, Palm Beach County
cs,
'-; •''ter By:
Deputy Clerk,Tequierra Barrett
Consideration:$200,100.00
Documentary stamps:$0.00
FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK 3/30/2022 2:12:02 PM
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No.:
WING HO and KAREN YEH HO,
Plaintiff,
4111k
v.
CITY OF BOYNTON BEACH,
Col
Defendant.
/
: 41 ►I) o ►i ' ► 1 iJ I C ui ,A�10
PLEASE TAKE NOTICE that Defend OF BOYNTON BEACH
("Defendant"),by and through the undersigne ns t to 28 U.S.C. §1446(a)and(b)
and 28 U.S.C. §1441(a) and (b), he ;11 • this action from the Circuit Court of the
Fifteenth Judicial Circuit in an. a.iET. each County, Florida to the United States District
Court for the Southern D' trict i:, 6 'da,on the following grounds:
1. • do filed in the Circuit Court of the Fifteenth Judicial Circuit in and
for Palm : it o , Florida, onor about June 3,2021. Service of process was effectuated
onthilikk.
o une 7, 2021. A copy of all process, pleadings, and exhibits served upon the
Defendant (to date, the summons, Ex Parte Petition for Preliminary Injunction and Stay of
Demolition Violation of United States 5th Amendment and Summons) are attached hereto as
Exhibit 1 and incorporated herein by reference pursuant to Rule 10(c),Fed.R.Civ.P.
2. This is a civil action.Plaintiff alleges that their civil rights pursuant to the United
States Constitution were violated by Defendant and bring claims against Defendant for violation
of the 5th and 14th Amendments to the United States Constitution. S�ee Exhibit 1. Pursuant to 28
EXHIBIT A
(0043u65.1 305-9905567) Page 3 of 5
I
U.S.C. §1441(c),the entire case may be removed to this Court.
3. Plaintiffs' action arises under the laws of the United States pursuant to the 5th
and 14th Amendments to the United States Constitution.As such,this Court has jurisdiction under
28 U.S.C. §1331. Therefore, pursuant to 28 U.S.C. §1441, this action is properly removed from the
Circuit Court of the Fifteenth Judicial Circuit to this Court, as this matter is within the ori •
jurisdiction of all civil actions arising under the Constitution, common law, or treaties of 11' a ted
States.
4. Thirty days have not yet expired since the action which f. is. 1 e bject matter
hereof became removable to this Court.
5. A copy of this Notice will be filed with + : lt +1 e Circuit of the Fifteenth
Judicial Circuit,in and for Palm Beach County,F 0 g'Ni, ,-•uired by 28 U.S.C.§1446(d).
WHEREFORE, Defendant, CITY " . 9 'TON BEACH, respectfully requests
Ilt
removal of this action from the C. o + the Fifteenth Judicial Circuit in and for Palm
Beach County,Florida to the 'ted t s District Court for the Southern District of Florida.
rCERTIFICATE OF SERVICE
I HE, rg g 'TIFY that the forgoing has been filed through the Statewide E Filing
Portal :1 .1 +ugh Certified U.S Regular Mail upon Wing Ho and Karen Ho,9174 Chianti
Court,B 'ton Beach, FL 33472 at wh561yahoo.com and lafrcayahoo.com on this 8th day of
June 2021.
GOREN,CHEROF,DOODY&EZROL,P.A.
Attorneys for Defendant,City of Boynton Beach
3099 East Commercial Boulevard,Suite 200
Fort Lauderdale,Florida 33308
Phone:(954)771-4500/Fax:(954)771-4923
/s/ Heather Needelman
JAMES A.CHEROF
Florida Bar No.:291846
(004511115.1306.9905567) Page 4 of 5
1
JCherof(a),GorencCherof.com
HEATHER NEEDELMAN
Florida Bar No.:92925
HNeedelman@GorenCherof.corn
GAL BETESH
Florida Bar No.: 118405
GBetesh@GorenCherof.com
.„0644,
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(00451185.1 306-9905567) - Page 5 of 5
111111111111111.1111111111111.......
CFN 20220139168
BOOK 33431 PAGE 944
2OF2
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1102-1110 N. FEDERAL HIGHWAY
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1102 — 1110 N. Federal Highway Redevelopment Project
• PROJECT LOCATION: 1102-1110 N.Federal Highway
• COMMENCEMENT: 2022
• COMPLETION:Anticipated Spring 2023
• DEVELOPER(s): Boynton Beach Office Condominium,LLC
• BBCRA DISTRICT: Federal Highway Corridor
• BBCRA FUNDING:
0 ACQUISITION: $170,000
PROJECT DESCRIPTION:
The adjoining properties are in a key location situated on the NE corner of E. Martin Luther King, Jr. Boulevard
and North Federal Highway.There were two buildings located on properties which stood vacant for over a decade.
The BBCRA purchased 1110 N. Federal Highway in March of 2017 and demolished the aged and decayed building
to eliminate the blighted appearance at the eastern gateway to the MLK Jr. Boulevard corridor. Due to the small
size of these parcels the redevelopment potential is limited and it was imperative for the BBCRA to obtain both
lots in order to consolidate them into one parcel large enough to accommodate a viable project. On November 4,
2020, the City transferred ownership of 1102 N. Federal Highway to the BBCRA to facilitate redevelopment
efforts.The increase in developable land area was the needed catalyst as the BBCRA received Letters of Intent for
development proposals for the site in November 2020.The BBCRA Board selected the proposal from the Boynton
I
Beach Office Condominium, LLC (BBOC) on December 8, 2020 and has executed a Purchase and Development
Agreement for a local radio station and a professional surveying and engineering office in January 2021. BBOC
will be submitting development applications to the City for approval in Sumnier of 2022 and construction is
estimated to be complete within 12 months.
Show Full Map
Location Address 1102 N FEDERAL HWY ¢ 41" ;
Municipality BOYNTON BEACH
Parcel Control Number 08-43-45-21-32-002-0201
Subdivision LAKE ADD TO BOYNTON ��'$ 'e 0 h ' S
Official Records Book/Page 33432/786 '4j-' �/j(
t f L4 {g
1111,
$ '114..�t .4
Sale Date MAR-2022 0 s
ll
LAKE ADD TO BOYNTON A. 44 1
LT 20(LESS ELY 2.5FT,N "` '0 ' • k ' z' ^� '
te' : '. F. ?
FEDERAL HWY&RTN
CRV AREA R/WS)< 21 ': rr,y,e ,
Legal Description
(LESS N 22.10 FT,ELY 2.5 w • r
FT&N FEDERAL HWY
• rr .z�r �`r e°wr rT` « K
R/ W)IN OR10163P685 ~
k w � Sirekx
IL
BLK 2
...AMA"t►..'e"
Nearby Sales Search
Owner Information
Change of Address
Owner(s) Mailing Address
BOYNTON BEACH OFFICE CONDOMINIUM LLC 3113 STIRLING RD STE 103
FORT LAUDERDALE FL 33312 6547
Sales Information
Sales Date Price OR Book/Page Sale Type i�, Owner
MAR-2022 $342,10033432/ 00786 . WARRANTY DEED BOYNTON BEACH OFFICE CONDOMINIUM LLC
NOV-2020 $10 31911 / 01915ti,;)% QUIT CLAIM BOYNTON BEACH CRA
SEP-2020 $868,95831823 / 006O8(1 WARRANTY DEED BOYNTON BEACH CITY OF
DEC-1997 $150,00010163/ 00685q WARRANTY DEED ECKOLS 76 LTD &
FEB-1994 $100 08131 / 00348g, CERT OF TITLE
JAN-1971 $32,000 01940/ 00331
NOTE: Sales do not generally appear in the PAPA database until approximately 1 to 3 weeks after the
closing date. If a recent sale does not show up in this list, please allow more time for the sale record
to be processed.
Exemption Information
Portability Calculator
Exemption Year: 2023
Applicant/Owner Year Detail
2022
* This exemption will be removed on December 31 , 2022.
Property Information
Tangible Account(s)
Subarea and Sq.Footage for Building 0 j Structural Element for Building 0 Sketch for Building 0
Code Description Sq
Footage
No Data Found.
Number of 0 View Building Details
Units
Total
Square 0
Feet*
Acres 0.1509
Property
Use Code 1000-VACANT COMMERCIAL
Q
C4-C4 GENERAL
Zoning GI COMMERCIAL(08-BOYNTON
BEACH)
*May indicate living area in residential
properties.
Request Structural Details Change
I_ •
Appraisals
Show 5 year I Show 10 year
Tax Year 2022 P 2021 2020 2019 2018
Improvement Value $0 $114,538 $119,188 $113,488 $113,087
Land Value $147,938 $141,165 $141,165 $134,459 $130,514
Total Market Value $147,938 $255,703 $260,353 $247,947 $243,601
P=Preliminary All values are as of January 1st each year
Assessed and Taxable Values
A
r
Show 5 year I Show 10 year
Tax Year 2022 P 2021 2020 2019 2018
Assessed Value $147,938 $255,703 $260,353 $247,947 $243,601
Exemption Amount $147,938 $255,703 $0 $0 $0
Taxable Value $0 $0 $260,353 $247,947 $243,601
Taxes
Show 5 year I Show 10 year
Tax Year 2022 P 2021 2020 2019 2018
Ad Valorem $0 $0 $5,571 $5,358 $5,131
Non Ad Valorem $0 $386 $911 $925 $925
Total tax $0 $386 $6,482 $6,283 $6,056
*Buyers take note: Taxes will change and often increase
substantially when a property sells. The seller's exemption benefits Property Tax Calculator
will GO AWAY the year after they sell and this may result in higher
taxes for a buyer. Please use the Property Tax Calculator to get a i Tax Collector
better annual tax estimate if you are purchasing this property.
1
4
i
..
CFN 20220139713
OR BK 33432 PG 786
RECORDED 03/31/2022 11:04:11
Palm Beach County, Florida
AMT 342,100.00
DEED DOC 2,394.70
Joseph Abruzzo
•renated b‘,and return to: Pgs 0786-0788; (3Pgs)
Kenneth W.Dodge
Lewis,Longman&Walker,
360 South Rosemary Avenue, t0
West Palm Beach,FL 33401
Telephone: 561-640-0820
File Number. 22-0005 ..
41Spa ve This Line For Recording Data).
tr
Specs 4 arranty Deed
This Special Warranty Deed made this I
ill
of March, 2022, between Boynton Beach Community
Redevelopment Agency, a public agency created pars .0, • . hapter 163, Part Ill,of Florida Statutes,whose post office
address is 100 E. Ocean Avenue, 4th Floor, Boyn 0., ,ch, FL 33435, grantor, and Boynton Beach Office
Condominium,LLC,a Florida limited liability compan ,.04k.- post office address is 3113 Stirling Road,Suite 103,
Fort Lauderdale,FL 33312,grantee:
(Whenever used herein the terms grantor and grantee include all the parties to this'*•i ' and the heirs,legal representatives,and assigns of individuals,
and the successors and assigns of corporatiau,trusts and trustees)
I.
Witnesseth,that said grantor,for and in consideration of the sum TEN NO/100 DOLLARS($10.00)and other good
and valuable considerations to said grantor in hand paid by said grante e ipt whereof is hereby acknowledged,has
granted,bargained,and sold to the said grantee,and grantee's heirs and assi ver,the following described land,situate,
lying and being in Palm Beach County,Florida,to-wit:
That part of Lots 20,21 and 22,Block 2,Lake Addition,a subdivision Ta City of Boynton Beach,
Florida, according to the plat thereof recorded le Plat Book 11, Pag aPublic Records of Palm
Beach County,Florida,described as follows:
Beginning at the Southwest corner of Lot 20,Block 2,Lake Addition,run Easterly,along the South
line of said Lot 20,a distance of 122.5 feet to a point; thence Northerly,at right angles to the South
Line of said Lot 20,a distance of 131.7 feet,more or less,to a point in the North line of Lot 22,Block
2, Lake Addition; thence run Westerly, along the North boundary tine of said Lot 22, to the
Northwest corner of said Lot 22; thence Southwesterly,along the West line of Lots 22,21 and 20,to
the Point of Beginning; subject to existing right-of-way of U.S. Highway#1 (State Road#5); LESS
the North sixty-six feet (66') thereof as measured at right angles to the North Une of the
above-described parcel.
AND
The North 66 feet as measured at right angles to the North line of the following described parcel:
That part of Lots 20,21 and 22,Block 2,Lake Addition,a Subdivision of the City of Boynton Beach,
Florida,according to the Plat thereof,on file in Office of the Clerk of the Circuit Court in and for
Palm Beach County,Florida,recorded In Plat Book 11,page 71,of the Public Records of Palm Beach
County,Florida,more particularly described as follows:
Beginning at the Southwest corner of Lot 20,Block 2, Lake Addition,run Easterly along the South
line of said Lot 20,a distance of 122.5 feet to a point;thence Northerly at right angles to the South
line of said Lot 20,a distance of 13L7 feet,more or less to a point in the North line of Lot 22,Block 2,
Lake Addition,thence run Westerly along the North boundary line of said Lot 22,to the Northwest
DoubleTlma°
CFN 20220139713
BOOK 33432 PAGE 787
2 OF 3
corner of said Lot 22;thence Southwesterly along the West line of Lots 22,21 and 20,to the Point of
Beginning.
Parcel Identification Nu ber:08-43-45-21-32-002-0201
and
Parcel Identification Nu 43-45-21-32-002-0211
Together with all the tenements,beredi ,:ii i and appurtenances thereto belonging or in anywise appertaining.
Purchaser hereby grants Seller a Right of ' 'efusal for repurchase of the Property which shall be in full force and
effect for a period of five(5)years from the da ',• er obtains its Certificate of Occupancy. The terms and conditions of
this right shall be as set forth in that certain PurcN., ,,d Development Agreement between the Parties having an Effective
Date of January 21,2021.
This conveyance is subject to the terms and condition f venter Agreement dated January 21,2022,between the Parties
and an exhibit to the Purchase and Development Ag of�pne date.
To Have and to Hold,the same in fee simple forever.'/
And the grantor hereby covenants with said grantee that the gr o ' •wfully seized of said land in fee simple;that the
grantor has good right and lawful authority to sell and convey said •-'0 t the grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons .. ing by,through or under grantors.
In Witness Whereof,grantor has hereunto set grantor's hand and seal the Od ar first above written.
Signed,sealed and delivered in our presence:
410
Boynton Beach Coity Redevelopment Agency, a
Ipublic agency created p uant t pt& 163, Part III,of
r
Florida S . ute,
r.r<_ ! � � �� By:
_ - - --
W t s Name: e' 714S J B.Grant,Chair
Zf Vii `
Witness Name —11-k31 T-Soittrir O.4v1-�ON 6.6-4 '
cb
(Corporate Seal)
R .
( CZ
G Q,
1,/,,, 4•
REOEVEL044��
Special Warranty teed-Page 2 nouba&ime•
CFN 20220139713
BOOK 33432 PAGE 788
3 OF 3
State of Florida
County of Palm Beach
The foregoing instrument was ' edged before me by means of[X]physical presence or U online notarization,this
17th day of March,2022 by Stevt of Boynton Beach Community Redevelopment Agency,a public agency created
pursuant to Chapter 163,Part III,o;IV•'•'1Statutes,on behalf of the corporation. He/she Uis personally known to me or
[X]has produced a driver's license as nt ation.
i C \--7
[Notary Seal] *7
Notary Public 1 I
C1Printed Name: c _3. >ltd
• ...._.,�._� My Commission Expires: Ci,(1 cf b0 5
"'4MERCEDES COPPiN \41:0$4S0
r Notary Pubiia•State of Florida
-'' ,f Commission M HH 98188
za�gbc My Commission Expires volA
June 19;202
, <k\<),
0,,
%me,
....,,,
Special Warranty Lbed-Page 3 DoubleTime°
1
1
CFN 20200432964
OR BK 31911 PG 1915
RECORDED 11/13/2020 15:45:09
Palm Beach County, Florida
AMT 10.00
DEED DOC 0.70
Shartilki — , a a
CLERKX1CUMPTROLLER
Pgs 1915-1916; (2Pgs)
41.:,.
This Instrument was Prepar= up
Heather Needelman,Esquir'
GOREN,CHEROF,DOODY 110eN
OL,P.A.
3099 E.Commercial Boulevard,Su0 /
Fort Lauderdale,Florida 33308
PIN:08-43-45-21-32-002-0201 0
O
IJI. . •u•DEED
/ ritt6
THIS QUIT CLAIM DEED made this '0, ��C�ber,2020 between the City of
Boynton Beach,a Florida municipal corporation,'�,. 9ost office address 100 E. Ocean
Avenue, Boynton Beach, Florida 33435, (hereinafter iIv�3?t9 to as "Grantor") and Boynton
Beach Community Redevelopment Agency,a Florida pu body corporate and politic
created pursuant to Section 163.356 F.S whose post offs ad s is 100 E Ocean Ave 4th
floor, Boynton Beach, FL 33435 (hereinafter referred to antee"). "Grantor" and
"Grantee"are used for singular or plural,as context requires. 400
WITNESSETH: iiitak
That Grantor,for and in consideration of the sum of Ten Dollars($10.00)in hand paid
by Grantee,receipt whereof is hereby acknowledged,has granted,bargained and quit-claimed
to said Grantee and Grantee's successors and/or assigns forever the following described real
property situate,lying and being in PALM BEACH County,Florida,to wit:
That part of Lots 20,21 and 22,Block 2,LAKE ADDITION, a subdivision
of the City of Boynton Beach,Florida, according to the Plat thereof on file in the
office of the Clerk of the Circuit Court, in and for Palm Beach County, Florida,
recorded in Plat Book 11,Page 71, of the Public Records of Palm Beach County,
Florida,described as follows:
BEGINNING at the Southwest corner of Lot 20, Block 2, LAKE ADDITION, run
easterly along the south line ofsaid Lot 20,a distance of 122.5 feet to a point;thence
Northerly at right angles to the South line of said Lot 20, a distance of 131.7 feet,
more or less to a point in the North line ofLot 22,Block2,LAKE ADDITION;thence
run Westerly along the North boundary line of said Lot 22 to the Northwest corner
of said Lot 22;thence Southwesterly along the West line of Lots 22,21 and 20 to the
point of beginning,subject to existing right-of-way of U.S.Highway#1, (State Road
#5), less the North sixty-six (66')feet thereof as measured at right angles to the
North line of the above-described parcel; TOGETHER with all improvements
thereon and fixtures therein.
I
00407634.1 306-9905434)
I
I
CFN 20200432984
BOOK 31911 PAGE 1916
2 OF 2
To Have anold the same together with all and singular the appurtenances
eleH
thereunto belonging or ywise appertaining, and all the estate, right, title interest, lien,
equity and claim whatso Grantor,either in law or equity,for the use,benefit and profit
of said Grantee forever.
IN WITNESS WHEREOF, for hereunto sets Grantor's hand and seal the day and
year first above written.
'Ci(%'/0
Signed,sealed,and delivered CITY OF BOYNTON BEACH,a Florida
in the presenst.-ofi 400klunicipal corporation
'! /�i
,eii------
,
_ --
rtness B •, ' sh• en B.Grant
SHAYI A Fl 1 iS Titl
(Print Name) .1110
C'
1
r
Ztiv:Lt.F-C. J+LL..ij Odook
witness olik
i{oti U1'E Chit 1\
(Print Name)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was a knowledged before me by means of_online notarization or
/physical presence this y r/T day of November,2020 by Steven B.Grant,as Mayor of the
City of Boynton Beach,on behalf of the City,who V is personally known to me or has
produced a Florida Driver's License as identification. /
A :,.
% NOTARY PUBLIC
SWAN0N
ri CLOYNsttotN#G3G 15031\kt:. ki hRINES:No/ember 17
'es 6°'1ddTu Notary P °
.16
(00407634.1 376-9905434)
2 of 2
t
CFN 20200384683
OR BK 31823 PG 608
RECORDED 10/15/2020 13:50:55
Palm Beach County,Florida
AMT 868,958.48
DEED DOC 6,083.00
Sharon R.Bock
This Instrument was Prepared By and Return to:
CLERK&COMPTROLLER
James A.Cherof,Esquire Pgs 0608-0610; (3Pgs)
GOREN,CHEROF,DOA Y&EZROL,P.A.
3099 East Commercial s q;;".:. ard,Suite 200
Fort Lauderdale,Florida _<>'
Folio No.08-43-45-21-32-002-0
'1r WARRANTY DEED
THIS INDENTURE, made tl ``i day of Srprt..a 1xr,-, 2020 and between Eckols '76,
Ltd., a Florida limited partnership ',ckols '86, Ltd., a Florida limited partnership as
undivided tenants in common,hereina lively referred to as"Grantor"and City of Boynton
Beach,a Florida municipal corporation, ly '•' Bost office address 100 E.Ocean Avenue,Boynton
Beach,Florida 33435,hereinafter referred to ". -flee."
WITIIIETH:
consideration of 4 of TEN($10.00)DOLLARS,and other
That said Grantor,for and in
good and valuable considerations to Grantor in hand p:'_ Grantee, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the C` :_ ee, and Grantee' successors and assigns
forever,the following described land, situate, lying and beintnALM BEACH County, Florida, to
wit:
•
That part of Lots 20, 21 and 22, Block 2, LAKE ADD •4a subdivision of the
City of Boynton Beach, Florida, according to the Plat them'; n file in the office
of the Clerk of the Circuit Court, in and for Palm Beach Co lorida, recorded
in Plat Book 11, Page 71, of the Public Records of Palm Beach County, Florida,
described as follows:
BEGINNING at the Southwest corner of Lot 20, Block 2, LAKE ADDITION, run
easterly along the south line of said Lot 20, a distance of 122.5 feet to a point;
thence Northerly at right angles to the South line of said Lot 20, a distance of
131.7 feet, snore or less to a point in the North line of Lot 22, Block 2, LAKE
ADDITION; thence run Westerly along the North boundary line of said Lot 22 to
the Northwest corner of said Lot 22; thence Southwesterly along the West line of
Lots 22, 21 and 20 to the point of beginning, subject to existing right-of-way of
U.S. Highway #1, (State Road #5), less the North sixty-Ay (66')feet thereof as
measured at right angles to the North line of the above-described parcel;
TOGETHER with all improvements thereon and fixtures therein.
PCN II 008-43-45-21-32-002-0201
SUBJECT TO: Taxes for current year and subsequent years, zoning and/or easements,
restrictions and other matters appearing on the plat of the subdivision.
This deed is an absolute conveyance of the title for $10.00 and other good and valuable
consideration, including cancellation of the debt or release of personal liability, as applicable, and
is not intended as an additional security for that certain Order Imposing Penalties/Lien recorded in
Official Records Book 28231, Page 449, that certain Order Imposing Penalties/Lien recorded in
Official Records Book 22491, Page 101 and that certain resolution no. 18-166 assessing a lien
{CO395395.1)06-99054341
i
I
CFN 20200384683
BOOK 31823 PAGE 609
2 OF 3
in Official Records Book 3 69, Page 966, all of the Public Records of Palm Beach County,
Florida.
0
And the Grantor does het-411411y warrant the title to said land, and will defend the same
against the lawful claims of all persons wo.,ttsoever.
IN WITNESS WHEREOF, Gr.Tto• hereunto set Grantor's hands the day and year first
above written,
- Signed,scaled and delivered .4.1s'76,Ltd.,a Florida limited partnership
in our presence:
•
1 y.G"--(7E
-.) By: '! , , Olson,General Partner
ii t'. r l LJ 1(..n,-:(--,,1'7) 2400 N , 't..ca Raton Blvd,
(Print or Type Name) '-i Boca Ra 8 I 33431
/ 1 frj, 1(5)
(1 0 0 P4-S If• 1 A 1%614 0 040,„k
(Print or Type Name) /1 '
Signed,sealed and delivered Eckols'86,Ltd,,a Plot ited partnership
in our presence:
3 •Y. - '‘._ . ‹,, - ''zz,s--r
• / k� By:Norman Olson,General Partner
i":'•/i/1 <.!ie J 1 C.,'''1 e 0 2400 N.W.Boca Raton Blvd.
(Print otTypeNalne) . ...7• I Boca Raton,FL 33431
�/' /�
(..1-; �`E f ``7"'S (r�_ fir
(Print or Type Name)
STATE OF FLORIDA
COUNTY 01?
The foregoing instrument w s acknowledged before me by means of /physical presence or
online notarization this ?,LY "day of.Ced eur61;2020 by Norman Olson, as Gener9l Partner of
Echols '76,Ltd.,a Florida limited partnership,on behalf of the partnership,who t.7 is personally
known to me or has produced a Florida driver's license as identifi ion. ,, ;
�// ''
NOTARY PUBLIC
1n3957951 1D6-99054)4) '}4L�., AJAB.MARKOWICZ
2 'r` Commisslon1100294255
14, Expires Jenusty 23.2023
No: toilful TMuTray Fen lamas 00455.101SI
s.
CFN 20200384683
BOOK 31823 PAGE 610
30F3
STATE OF FLORIDA
COUNTY OF
The foregoing instru n- 1.:4y acknowledged before me by means of t' physical presence or
online notarization this Y�,'' ay of e'gje{.e.':; 2020 by Norman Olson, as General Partner of
Lckols '86,Ltd.,a Florid• ' d partnership,on behalf of the partnership,who //is personally
known to me or has produFlorida driver's license as identification.
1 ,), j.t.,LC1 ICA'c
Pio& NOTARY PUBLIC
‘ AJA9.MARX0 1CZ
l,, • j Comminfon 00 204255
�x•,.y..'" E beeJanuary23,2023
'
t,S " Bawled TAnTroy Film Mara 800.3851019
(kl°6
Ca
{00395395.1 306-990543.1)
3
Filing# 143206932 E-Filed 02/03/2022 10:03:03 AM
IN THE CIRCUIT COURT OF TUE 15th JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY,FLORIDA
CITY OF BOYNTON BEACH,
a municipal corporation,
Plaintiff, Case No.50-2019-CA-015764-XXXX-MB
Division:AG
vs.
KAREN HO,WING HO,and FOUNTAINS OF
PALM BEACH CONDOMINIUM,INC,#3.
Defendant(s).
1 01
SUMMARY FINAL JUDGMENT AND
DEFAULT FINAL JUDGMENT OF FORECLO. +'
THIS CAUSE came before this court on January 31,21-,40 ., p•-° i +e Plaintiff, CITY OF
BOYNTON BEACH'S Motion for Summary Jud_I,` • . _ efault Final Judgment of
Foreclosure as to code enforcement case no. 16- titr •::
4. The court further finds that pursuant to Anderson v. Liberty Lobby, Defendants
Wing Ho and Karen Ho failed to set forth "specific facts showing that there is a
genuine issue for trial."Anderson v.Liberty Lobby,477 U.S.242,248 (1986)
5. Plaintiff's Motion for Default Final Judgement is hereby GRANTED, and default
judgment is entered against Defendant Palm Beach Condominium Inc., #3, as
provided herein. /MJ
6. The court finds that the City Clerk's certification authenticates the City's,.-::•r'
attached to the City's Motion for Final Summary Judgment 0 code
enforcement case no. 16-506 recorded in the Palm Beach County 0; ,'e '.rds
Book 28445,Page 1887 and its exhibits and affidavits. ek
1p.:.,_
7. The court finds that the City Clerk's certificate auth tes "City's records
attached to the Motion for Final Summary Judgm ,he nuisance lien for
case no. 15-2595 recorded in the Palm Beac, unt'� ':- icial Records Book
28853,Page 1204 and its exhibits and affidavi,
tttity
8. The court finds that the City Clerk's,: 'ki''ate authenticates the City's records
attached to the Motion for Final .,%FA 1 dgment as to the nuisance lien for
case no. 16-1531 recorded i s e it.l s :each County Official Records Book
29493,Page 0538 and its e e1 1 an. affidavits.
A
9. There is now due a I;' •4. g ,' 'laintiff from Defendant(s):
A. Code Enforc:a,_ 'Lien Case No. 16-506 $1,050,500
Officia cord :ook 28445 and Page 1887;Recorded 7/19/2016
r
Bsanc ''Abatement Lien Case No. 15-2595 $741.41
Off?cinl Record Book 28853 and Page 1204;Recorded 1/26/2017
uisance Abatement Lien Case No. 16-1531
44111111)11114 e.t
$1,211.07
Official Record Book 29493 and Page 0538;Recorded 11/29/2017
TOTAL SUM: $1,052,452.48
10. The total sum of ONE MILLION FIFTY TWO THOUSAND FOUR
HUNDRED AND FIFTY TWO 48/100 Dollars ($1,052,452.48) shall bear
interest at the statutory rate from the date that the Judgment is entered. This
Judgment also secures all accruing interest from the date that the Judgment is
entered,through the date of issuance of the Certificate of Title.
11. The court hereby RESERVES jurisdiction on the issue of amount of attorneys'
fees to be awarded to the City. The court commends the City's attorney, Ms.
Needelman, for her professionalism.
(00493634.33069905433) Page 2 of 5
w
12. As to the Defendant, FOUNTAINS OF PALM BEACH CONDOMINIUM, INC.
#3,Plaintiff holds three(3)municipal code enforcement and nuisance liens for the
total sum listed in Paragraph 10 above, superior to all claims, interests or estates
of this Defendant on the following described property in Palm Beach County,
Florida:
Street address: 1101 N. Federal Highway,Boynton Beach,Florida 33435
LOT 1 BLK A, Lake Addition to Boynton, Florida, According to the pla Ai:4k,
thereof, as recorded in Plat Book 11, Page 71, of the Public Recor.• p
Palm Beach County, Florida, less and except the east 17 feet o . 1.
(when measured at right angles to the east line of said lot) : 8tk ° .11
'
that part of Lot 1, Block A,which is included in the external -a formed
by a 12 foot radius arc tangent to the south line of sai• 1 _ angent
to a line 17 feet westerly of and parallel to the e, 14, f said Lot 1,
Block A, Lake Addition to Boynton,Florida,ac 4 s: i e plat thereof,
as recorded in Plat Book 11,Page 71. '
igki
PCN#08-43-45-21-32-008-0010
13. If the total sum with interest =. to escribed in paragraph 10, and all costs
accrued subsequent to this :"s sent not paid,the Clerk of this Court shall sell
the property at public 1 0 -'. th day of March, 2022, to the highest bidder
for cash, or soon t e#;e .e sale may proceed, by electronic sale beginning
at 10:00 A.M. o the ribed date at https://palmbeach.realforeclose.com, in
accordance with ,p�,,,t o 45.031, Florida Statutes, via public auction.
14. Plai tiff a sh ance all subsequent costs of this action and shall be reimbursed
fo�-`oot. n by he clerk if Plaintiff is not the purchaser of the property for sale,
go '•or.,however,that the purchaser of the property for sale shall be responsible
fo II documentary stamps payable on the certificate of title. If Plaintiff is the
Y'f
s•+chaser,the clerk shall credit Plaintiff's bid with the total sum with interest and
costs accruing subsequent to this judgment or such part of it as is necessary to pay
the bid in full.
15. On filing the certificate of title,the clerk shall distribute the proceeds of the sale,
so far as they are sufficient,by paying: (1)all of Plaintiff's costs;(2)documentary
stamps affixed to the certificate; (3)Plaintiff's attorneys' fees provided an order is
issued by this Court prior to sale; (4)the total sum due to Plaintiff, less the items
paid, plus interest at the rate prescribed in paragraph 10 from this date to the date
of the sale; and (5) by retaining any remaining amount pending the further order
of this court. Any amounts so retained are to be distributed to the Defendants as
determined by order of this Court.
(00493634.3 306-9905433) Page 3 of 5
16. The successful bidder and purchaser at the foreclosure sale of the real property
being foreclosed herein shall pay any documentary stamps and clerk's fee relating
to the issuance of the Certificate of Title to be issued by the clerk to the successful .
bidder and purchaser.
17. On filing the certificate of sale, Defendant(s) Karen Ho and Wing Ho, and all
persons claiming under or against Defendant Fountains of Palm Beach
Condominium, Inc. #3, and all persons claiming by, through, under, or agains
them since the filing of the Notice of Lis Pendens in this action, sh
foreclosed of all estate, interest or claim in the property, except as to .l,kj:.. o
rights under chapter 718 or chapter 720, Florida Statutes, if any. U.•a ._! ling
of the certificate of title, the person named on the certificate of ti ) let
into possession of the property.
18. Jurisdiction of this action is retained to enter forth. o de hat are proper
including, without limitation, Plaintiff's attorneys f st• i.sts, and a deficiency
judgment.
AV. k
19. Notice pursuant to amendment to Florida ::a 031:
IF THIS PROPERTY IS SOLI ,. 1t.!I; C AUCTION, THERE MAY BE
ADDITIONAL MONEY ,+.a0 vt.- VI SALE AFTER PAYMENT OF
PERSONS WHO ARE .ftr ..TL I TO BE PAID FROM THE SALE
PROCEEDS PURSU 1 '#I' '4,1 -'''E FINAL JUDGMENT.
IF YOU ARE .' SUB VI' I INATE LIENHOLDER CLAIMING A RIGHT
TO FUNDS ' 'k_A.._' I G AFTER THE SALE, YOU MUST FILE A
CLAIM 11,-1 T CLERK NO LATER THAN 60 DAYS AFTER THE
S. y r 1 'viii U FAIL TO FILE A CLAIM, YOU WILL NOT BE
E k ' hLE I 0 ANY REMAINING FUNDS.
•r, r'' I ORDERED,in Palm Beach County,Florida.
Cl,4u2o19c1A51764 XX 4193 2 CIRCUIT
t F�
' eAf ��•onaldHatel. _CItcul1;_Judge_
• >.- MIMlP. 1101 OfIIAI [)I TM, Gn11Rr.
502019CA015764XXXXMB, 02/03/2022
Donald Hafele
Circuit Judge
Copies furnished to:
James A.Cherof,Esquire,Goren, Cherof,Doody&Ezrol,P.A.,3099 East Commercial Blvd.,
Suite 200,Fort Lauderdale,FL 33308
(004936313306-9905433) Page 4 of 5
I
Heather Needelman,Esquire,Goren, Cheroi,Doody&Ezrol,P.A.,3099 East Commercial
Blvd.,Suite 200,Fort Lauderdale,FL 33308
Wing Ho and Karen Ho,9174 Chianti Court,Boynton Beach,Florida 33472
Fountains of Palm Beach Condominium,Inc.#3,4615 Fountains Drive,Ste.B,Lake Worth,FL
33467
C191I �
I j
(00493634.3 3069905413) Page 5 of 5
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