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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. Meeting Minutes City Commission Meeting 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, 2 Meeting Minutes City Commission Meeting Boynton Beach, FL October 18, 2022 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 3 Meeting Minutes City Commission Meeting Boynton Beach, FL October 18, 2022 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 4 Meeting Minutes City Commission Meeting Boynton Beach, FL October 18, 2022 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. 5 Meeting Minutes City Commission Meeting Boynton Beach, FL October 18, 2022 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 6 Meeting Minutes City Commission Meeting Boynton Beach, FL October 18, 2022 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) 7 Meeting Minutes City Commission Meeting Boynton Beach, FL October 18, 2022 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. 8 Meeting Minutes City Commission Meeting Boynton Beach, FL October 18, 2022 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 9 Meeting Minutes City Commission Meeting Boynton Beach, FL October 18, 2022 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. 10 Meeting Minutes City Commission Meeting Boynton Beach, FL October 18, 2022 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 11 Meeting Minutes City Commission Meeting Boynton Beach, FL October 18, 2022 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. 12 Meeting Minutes City Commission Meeting Boynton Beach, FL October 18, 2022 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 13 Meeting Minutes City Commission Meeting Boynton Beach, FL October 18, 2022 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. 14 Meeting Minutes City Commission Meeting Boynton Beach, FL October 18, 2022 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. 15 Meeting Minutes City Commission Meeting Boynton Beach, FL October 18, 2022 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 ATTEST: ; � fie , bRor£ , � . c� AOR • , Maylee 47J-sus, C ', :�N 192�•� City Cle• �I ''••..•..•••c 'J %%. FLOR**= 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, 0 40 (s.,4 tea, chi) 4„,s. ,,,, ‘11,* 4,4) (00451185.1 306-9905567) - Page 5 of 5 111111111111111.1111111111111....... CFN 20220139168 BOOK 33431 PAGE 944 2OF2 4:01% liPoot 148*;elk <1/41\:<:141 Or% 1102-1110 N. FEDERAL HIGHWAY „Fi v' f „".;i '`r' r leo ' - . �Y. azo , .rz „4,, a .. i ,. .t , i r ;F :4 •r '. fi.t'1 6 • + •ae anti;Et.•fr{4 tCa{i i ,•. S 4 i' '!, r S':;:10. a iy,. '' N� s '. 4 .;'`‘..'"I','-'11:!••.•';'-',::: .i. y ° 'f r 1 ' 'It• 4 .. tt t r *azb ;-. 7"„3R .sa.;<,1-::it''..'''-,7:::: :.. 3��,:' .��: ,�# •R: a°"Ig t= s 4' 4 �•. 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'301...,:.!y t «u4r"" ' e fi* / i i e; r. 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)&LT 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 I I