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Minutes 09-14-04 MXNUTES OF THE SPECZAL CZTY COMMZSSXON MEEITNG ON THE F~RE ASSESSMENT HELD ON TUESDAY, SEPTEMBER 14, 2004 AT 6:30 P.M. :IN COMMiSSiON CHAMBERS, CZTY HALL, BOYNTON BEACH, FLORZDA Present Jerry Taylor, Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk Absent Mike Ferguson, Vice Mayor Call to Order Mayor Taylor called the meeting to order at 6:30 p.m. He explained that the purpose of the meeting was to have a public hearing on the fire assessment and to consider adoption of proposed Resolution No. R04-155. Mayor Taylor welcomed and recognized the presence in the audience of some middle school students. Mr. Joe Green introduced three students from the Boynton Delray Academy who represented the school's Leadership Team. The students were present to learn about how government worked and how decisions were made. It was hoped that they would take this information back out into the community in order to make it a better place. ~[Z. Public Hearing on Fire Assessment Mayor Taylor read Proposed Resolution No. R04-155 by; tJUe only and opened the floor for comment from the public. Dominic Desiderio, 2755 South Federal Highway, Boynton Beach, came forward to speak. Mr. Desiderio stressed that he was not against the fire assessment per se, but did not believe the assessment was fairly apportioned among those required to pay it. He hoped that this could be settled before the matter went to court in approximately two months' time. Mr. Desiderio stated that one criterion for a fire assessment was that it had to benefit property. His problem, and that of the Boynton Beach Alliance, was determining which property benefited more - the property paying 26¢ a square foot, or the property paying 11¢ a square foot. Also, the Florida Supreme Court had declared that a fire assessment could not be instituted for EMS (Emergency Medical Services). He asked whether a fire truck going out on an EMS call would be recorded as a fire call or as an EMS call. Mr. Desiderio questioned the accuracy of the time schedules in what he referred to as the "Fire Report." He stated that it took him less than two minutes to go from Fire Station ! to the Medication Station, and the referenced report said that this trip took ten minutes. He questioned whether an EMS call had been switched midstream to a fire call. Special City Commission Meeting Fire Rescue Assessment Boynton Beach, Florida September 14, 2004 Mr. Desiderio reviewed the statistics pertaining to fires in 2000 and 2001, upon which the fire assessment had been predicated, l~n 2000, there were 61 fires. Of the 61 fires, 6.5% were at warehouses, which pay an average of 5¢ a square foot; 3.2% of the fires were at commercial properties, which pay 15¢ a square foot; 3.2% were at nursing homes, which pay 25¢ a square foot. Of the 61 fires, 87.1% were residential. He did not understand why a nursing home would be asked to pay 25¢ a square foot when all commercial properties over 50K square feet paid a penny per square foot. Tn 2001, the City had 62 actual fires, 6.5% of which were in warehouses, 4.8% of which were in commercial properties, and 85.5% of fires were residential. Of the total fire assessment collected so far, 58.3% of it represented residential, yet residential had 86% of the fires. Non- residential fires made up 41.7% of the total fires, but they represented 14% of the total assessment collected. He did not understand how the apportionment was done. It was his contention that the City was protecting the large property owners and that all the "little guys" were paying. Mr. Desiderio was willing to pay his fair share of the fire assessment. However, if the Boynton Beach Mall paid 1¢ per square foot, he wanted to pay the same rate on his property. Since no one else in the public wished to speak, Mayor Taylor asked for comments from the Commission. Commissioner McCray indicated that a tier technology had been used in the determination of the fire assessment rates to be paid and at the moment, he did not have a problem with it. He did want to be sure that everyone was treated fairly and hoped that a judge would be able to provide direction in the matter. He commented that the Commissioners were paying the same rate as everyone else. He also confirmed with Attorney Cherof that the Sunset clause had been written for seven years and the City was entering the fourth year of the assessment. Mayor Taylor commented that he had always agreed with the need to shorten response times between the residents and the fire stations, but felt that there were other ways to finance it. He spoke against the fire assessment, but having made his point, was now supporting the majority. The City had purchased land and started building some fire stations and it was too late to turn back now. He commented that a formula had been devised for the apportionment of the assessment and while some could question whether that was the fairest way to do it, the City was in a position to defend that in court. No one else wished to speak. III, Adoption of Proposed Resolution No. R04-155 Re: RelaUng to the provision of Fire Rescue Services, facilities and programs in the City of Boynton Beach, Florida; reimposing fire rescue assessments against assessed property located within the City of Boynton Beach for the fiscal year beginning October 1, 2004; approving the rate of assessment; approving the assessment roil; and providing an effective date. 2 Special City Commission Meeting Fire Rescue Assessment Boynton Beach, Florida September 14, 2004 Motion Commissioner McCray moved to adopt proposed Resolution No. R04-155. Commissioner McKoy seconded the motion that passed 4-0. 1V. Adjournment There being no further business before the Commission, the meeting was duly adjourned at 6:44 p.m. Susan Collins, Recording Secretary (09150,q.) ClTY OF BOYNTON BEACH /// ~_~-~mi~ioner -- Commissioner ,~.~"'~ ~ "/~m m. iss~:~, .el~/~ .'- ' /