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Minutes 09-11-18 SpecialMINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD ON TUESDAY, SEPTEMBER 11, 2018 AT 6:00 P.M. IN THE INTRACOASTAL PARK CLUBHOUSE, 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Christina Romelus, Vice Mayor Justin Katz, Commissioner Mack McCray, Commissioner Joe Casello, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:00 p.m. Invocation Mayor Grant gave the invocation. Pledge of Allegiance to the Flag Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk Commissioner Katz led the Pledge of Allegiance to the Flag Roll Call City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections None 2. Adoption Motion Commissioner Casello moved to approve the agenda. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Special Meeting Minutes City Commission Boynton Beach, Florida September 11, 2018 A. Proposed Resolution No. R18-127 — Conduct a Public Hearing to adopt the Final Assessment Resolution for the FY 2018-2019 Fire Assessment. Mayor Grant read Proposed Resolution No. 18-027 into the record by title only. Motion Commissioner Katz moved to approve. Seconded by Commissioner McCray with discussion Commission McCray stated he was in in favor of the resolution. Requested clarification regarding those who did not have the funds to make the payment. Inquired if a process was in place to help those less fortunate. Tim Howard, Assistant City Manager, explained as in past years there was a hardship application which were available to the residents. These hardship applications are available at the City of Boynton Beach Recreation facilities, Hester Center, Carolyn Sims Center, Library, Customer Service office, the residents can download the application from the City website or they can call the City of Boynton Beach to have an application mailed. Informed the Commission the deadline to submit the application was October 18, 2018. Mr. Howard informed the Commission the City received 35 hardship applications last fiscal year. Mayor Grant opened for Public Comment. Darren Ayoub, Esq, Attorney with the law firm of Barfield, McCain, represents Apartment Communities and Landlords. He was a member of the Southeast Florida Apartment Associations. The association has 26 -member properties within the City of Boynton Beach, with units ranging from 100 to almost 600 units. The proposed fee assessment, was based on individual units, which disproportionately affect apartment unit owners. The owners are being charged 600 times. Mr. Ayoub stated he has data from around the state; with calls to single family homes versus calls to apartment communities. Most often than not, there are more calls to the single family homes than to apartment communities. Apartment communities are subject to additional fire regulations, such as fire sprinklers, fire codes which make these units safer than the average single family home. His clients are against these fees because of the disproportionate impact for the individual apartment owners. Mr. Ayoub provided an example of an owner of an apartment which must pay over $70,000 in assessments because of the number of units they own. Mr. Ayoub respectfully asked the City to reconsider the apportionment which was going towards the apartment community and possibly do a fee which is more accurately stated the likelihood of number of calls received as opposed to the City as a whole. Mayor Grant responded his concern was that most apartment owner residents are not year -around residents. Explained the seasonal apartment owners versus resident's single 2 Special Meeting Minutes City Commission Boynton Beach, Florida September 11, 2018 family homeowners which are here year -around. Mayor Grant stated he does not believe it was unfair to the apartment owners because services are received equally. Commissioner McCray responded there has never been anyone which spoke about the apartment community. Vote The motion unanimously passed. A. PROPOSED ORDINANCE NO. 18-023 - FIRST READING -Approve NE 1 st Avenue Abandonment (ABAN 18-003) abandoning the improved 45 -foot -wide right-of-way running east / west from NE 1St Street, for a distance of approximately 588.02' feet, to Seacrest Boulevard. Applicant: City of Boynton Beach Attorney Cherof read Proposed Ordinance No. 18-023 into the record by title only on first reading. Motion Commissioner Katz moved to approve. Commissioner McCray seconded the motion. City Clerk Pyle call the role. VOTE we] 14. ADJOURNMENT There being no further business to discuss, Commissioner McCray moved to adjourn. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 6:07 p.m. (Continued on next page) 3 Special Meeting Minutes City Commission Boynton Beach, Florida September 11, 2018 CIT - O BO NT P- BEACH ATTEST d4d-4-� 2�� Jupfih A. Pyle, CM Ci y Clerk ueenester Nieves Deputy City Clerk