Commissioners press county lawyers after residents, COBRA raise alarm over Boynton Beach annexation by power of attorney

Palm Beach County commissioners on Thursday asked county attorneys to prepare legal guidance and an objection letter after residents and leaders of COBRA alleged the city of Boynton Beach has pursued voluntary annexations using powers of attorney signed during utility arrangements.

The issue surfaced as an addendum: city-planned annexations for the Palmyra (about 34 acres) and Bamboo Lane (about 4.6 acres) areas. Commissioners heard residents describe being surprised by the move and said some property owners told COBRA they were not aware their property would be annexed.

The board’s attention followed public testimony from residents and COBRA representatives who said the city relied on power-of-attorney documents and water-service agreements to claim consent from parcel owners. Barbara Roth, who said she convenes COBRA meetings, told commissioners Palmyra residents “do not know what’s going on” and that the initiative looked like “a desperate attempt to gain properties that will provide [the city] with more revenue.”

The county planning staff told the commission the annexations are voluntary and invoked Florida Statutes chapter 171 for annexation procedures. Commissioners asked staff for a legal assessment and for a formal objection letter to the city; they also asked the county attorney’s office to prepare an opinion explaining the county’s legal position and the options available to residents if the city adopts the annexations.

“Once they've approved, then we have 30 days to come back and begin the dispute, the intergovernmental dispute initiation,” planning staff told the board, and residents would also have a period in which to file court challenges.

Several residents told the commission they feared higher taxes and loss of county services. One resident said she’d been told she had “no choice” because the city supplies water service; another attendee at the Boynton commission meeting said they had been threatened. COBRA speakers urged commissioners to act quickly to protect residents’ interests.

Commissioner Sachs pressed for an opinion letter and for the county to be prepared to initiate intergovernmental dispute procedures if the city finalizes the annexations; Commissioner Weiss asked staff to send a letter of objection to the city and to prepare legal options for affected residents. County staff said they would send an objection letter and draft an opinion and would return with next steps and potential formal action if the city adopts the annexation ordinance at its second hearing.

County staff also noted the city scheduled a second public hearing on Oct. 7; the applicants asked that the county provide feedback before that date. Commissioners urged outreach so residents in the affected areas know their options, including the potential to challenge an adopted annexation in circuit court.

What’s next: staff will send a formal objection letter to the city, request an opinion from the county attorney’s office about the legality of annexation using powers of attorney and water-service agreements, and return to the board with recommended next steps and timelines for potential intergovernmental dispute procedures.

Clarifying details: the Palmyra annexation area was described to be ~34 acres and about 123 lots at Lawrence and Hypoluxo Road; Bamboo Lane covers roughly 4.6 acres and 15 lots near Dixie and Federal Highway. The county staff said five Bamboo Lane lots had been sold since the original water agreement; the city presented the annexations as voluntary and said it had consents through powers of attorney and its utility agreement.

The board emphasized it was not voting to block or approve the annexation at this meeting; commissioners instead directed staff to prepare legal guidance and to send a letter of objection before the city reaches final adoption.

Ending: county staff said they will return to the board as quickly as possible with a legal opinion and suggested next steps so residents can be advised of their rights and potential remedies if the city moves forward with annexation.