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Minutes 01-08-19 MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD IN THE INTRACOASTAL PARK CLUBHOUSE 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA ON TUESDAY, JANUARY 8, 2019, AT 6:30 P.M. PRESENT: Steven B. Grant, Mayor Lori LaVerriere, City Manager Christina Romelus, Vice Mayor, (Arrived 6:16 p.m.) James Cherof, City Attorney Mack McCray (Arrived 6:17 p.m.) Justin Katz Aimee Kelley Call to Order Mayor Grant called the meeting to order at 6:15 p.m. The Minutes Specialist called the roll. A quorum was present. Mayor Grant announced there would be a special private attorney-client session held January 15, 2019, at 5:45 p.m. Mayor Grant noted a partial Release of Lien was added the agenda. Motion Commissioner Katz moved to approve the agenda as amended. Commissioner Kelley seconded the motion that unanimously passed. Vice Chair Romelus arrived of 6:16 p.m. City Attorney Cherof read the below notice: In accordance with Section 8 of the City Charter of the City of BB and Florida Statutes, you are hereby notified of a Special City Commission Meeting to be held on Tuesday, January 8, 2019, beginning at 6:15 p.m. until the conclusion of business for the purpose of: Request of City Attorney for a private attorney/client session of the City Commission to discuss pending litigation in the following case: LEIF BROBERT, PLAINTIFF, vs. CITY OF BOYNTON BEACH, a Florida municipal corporation, Defendant— Palm Beach County Circuit Court Case No. 502015CA011377XXXXMB Meeting Minutes Special City Commission Meeting Boynton Beach, Florida January 8, 2019 .........................................................................................................................._....._........._......-.........._............_.._..__........._.._..............................................................................................................................................._....................................._......................................................................... In attendance will be the City Attorney James Cherof along with Assistant City Attorney Tracey DeCarlo, Special City Counsel Andrea Amigo, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 45 minutes. City Attorney Cherof read the Release of Lien pertaining to Pelican Point at Boynton Beach Condominium and as contained in the agenda item. Motion Commissioner Katz moved to approve the Release of Lien. Commissioner Kelley seconded the motion that unanimously passed. Commissioner McCray arrived 6:97 p.m. Adjournment There being no further business to discuss, Mayor Grant adjourned the meeting at 6:18 p.m. i Catherine Cherry Minutes Specialist 2 Commission Meeting R. January 8, 2019 LU111 •=iFLTF-ZWrTNMager to s1gr' a Partial Release of Lien for Pelican Point at Boynton Beach Condominium. EXPLANATON OF REQUEST: In May 2013, the Commission approved a payment plan for utility fee arrearage with the Condominium Association. In March 2015, a Memorandum of Understanding (Resolution R15-023) was issued and a payment plan was developed and a lien was placed on the 2M ?ni �Z-&Wfi �,]F%Tmje Boynton Beach community for the amount of $187,220.86. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The prior actions and this partial release allow the Association to continue to receive uninterrupted utility services. The City continues to have a recorded lien against the association and the lien will remain in place until such time as the outstanding balance is paid in full. FISCAL IMPACT: The payment plan and lien allow the customer to continue business and provides the City with revenue collection for the property. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 10 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, the City owns and holds a Claim of Lien dated May 7, 2015 which Was recorded May 13, 2015 in OR Book 2753 1, Page 0314 in the public records of Palm Beach IMMOMEM WHEREAS, the lien secures the City's entitlement to unpaid water, sewer, ston-n water Vill WHEREAS, the current ownerof Condominium Unit 606, Building 17 desires to unit m WHEREAS,, the City Administration i.s amenable to recommends the partial release. I confirmed by the City Commission. Section 2. The City Manager and City Clerk are hereby authorized and directed to execute a Partial Release of Lien for Unit 606, Building 17. The Partial Release attached as Exhibit "A" would accomplish the release for Unit a1• • 17, while preserving the City's lien on all other Pelican Point Condominium property encumbered by the City lien. Section 3. This Resolution shall become effective immediately upon passage. W C:W,,;ers\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\Y'9FBE4111,Pelican Point Partial Release Of Lien Unit.Docx In 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 H 56 57 58 59 IIINF1151111 11,111 1 Mayor - Steven B. Grant Vice Mayor - Christina L. Romelus Commissioner - Mack McCray Commissioner - Justin Katz Commissioner - Aimee Kelley ATTEST: Judith A. Pyle, CMC City Clerk ' (Corporate Seal) C '%Usef'$%StanzionetAppdatatLocal',A4jcr'osoft\V1f rid OwStTerr porary Internet FrleslContent.0�)'%IoDk%Y9FBE4111Pelican PoirA Partial Rellease Of Lien Unit Docx FORT LAUDERDALE, FL 3�308 3 That the CITY OF Boynton Beach, is the owner and holder a Claim of Lien recorded on May 13, 2015 in Official Records Book 27531 at Page 0314 of the Public Records of Palm Beach County, Florida, against the property particularly described as follows: PELICAN POINT AT BOYNTON BEACH, A CONDOMINIUM ACCORDING TO THE DECLARATION OF CONDOMINIUM AS RECORDED IN OFFICAL RECORDS BOOK 20075, PAGE 900 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA In and for the consideration of $5,435.32 and other valuable consideration, the CITY OF BOYNTON BEACH, does hereby release Unit 606, Building 17 Pelican Point at Boynton Beach, A Condominium (parcel control number 08- 43-45-28-44-017-6060) from the lien. However, nothing herein shall in any way be construed to impair, alter or diminish the effect of the City's lien as it relates to any other property the City lien encumbers. Witness Printed Name I -------- -------- — ------ ------------- — -------- Witness .......................................................... Printed Name STATE OF FLORIDA COUNTY OF PALM BEACH 10 Lori LaVerriere, City Manager ATTEST: BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere, City Manager, as authorized representative of the City of Boynton Beach, Florida, who is personally known to me and he acknowledged to and before me that he executed the foregoing instrument for the purpose therein expressed, pursuant to due authority. WITNESS, my hand and official seal this day of 2019, My Commission Expires: ftl�, W {00273502.1306-90018211 CL 0 a) CL 0 0 0 Ln Q 0 Q) Q 0 0 0 0 a, C. 0 a) C. 0 0 C Ln a, 0 3 v a 0 C3 o 0 � 0 a,