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Minutes 09-13-07 MINUTES OF THE SPECIAL CITY COMMISSION MEETING ON THE FIRE ASSESSMENT HELD ON THURSDAY, SEPTEMBER 13,2007 AT 6:30 P.M. IN COMMISSION CHAMBERS. CITY HALL. BOYNTON BEACH. FLORIDA Present: Jerry Taylor, Mayor Jose Rodriguez, Vice Mayor Ron Weiland, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager Mike Cirullo, Assistant City Attorney Janet Prainito, City Clerk Absent: Mack McCray, Commissioner I. Call to Order Mayor Taylor called the meeting to order at 6:30 P.M. II. Public Hearing on Fire Assessment Mayor Taylor explained the purpose of the special meeting was to hold a public hearing on the imposition of the fire rescue assessment. III. Adoption of Proposed Resolution No. R07-104 Re: Relating to the provision of Fire Rescue Services, facilities and programs in the City of Boynton Beach, Florida; amending the preliminary rate resolution; reimposing fire rescue assessments against assessed property located within the City of Boynton Beach for the fiscal year beginning October 1, 2007; approving the rate of assessment; approving the assessment roll; and providing an effective date. Attorney Cirullo read Proposed Resolution No. R07-104 by title only. Mayor Taylor opened the issue for public hearing. Dom Desiderio, 2755 S. Federal Highway, advised the Boynton Beach Alliance was never against the fire assessment. He recalled the complaint was the apportionment was not fair and logical because it favored large property owners of more than 50,000 square feet. The Alliance filed a lawsuit and spent over $300,000 in fees. Mr. Desiderio contended it had been proven the apportionment was not fair and logical. He felt it was a joke and a house of cards would fall because fire assessment funds were spent on emergency medical services (EMS). He further contended 80% of the monies spent Meeting Minutes Special City Commission Meeting Boynton Beach, FL September 13, 2007 would have to be refunded to the citizens of Boynton Beach, plus pay the extensive legal fees. Mr. Desiderio alleged it was a phony deal and asked the Commission to vote no on the proposed resolution. No one else coming forward, Mayor Taylor closed the public hearing. Commissioner Weiland mentioned there had been complaints that the hearing was being held on a Jewish holiday which would end at sundown. He explained it was unfortunate the meeting could not be held due to prior commitments for the chambers and the paperwork had to be filed the next day. He apologized to the Jewish community that may be offended and requested their understanding. Commissioner McKoy inquired if any written objections had been filed. Bobby Jenkins, Assistant Finance Director, explained there were exemptions for those falling below the poverty level. He had received 25 applicants who had applied for the exemption and most were recurring applicants. Vice Mayor Rodriguez inquired about the amount allocated for fiscal year 2006. Mr. Bressner responded the monies received were $2,675,000. The $3M figure for fiscal year 2007/08 was an estimate. The net budget figure had been allocated as $2.7M for capital improvements. He also noted this was the sixth and final year of the assessment. It could only be continued if it were reauthorized, based on the resolution originally adopted in 2001. Mr. Bressner further added if the resolution would not be approved the capital improvement costs would have to be absorbed by the capital improvement budget or other sources. Other projects would have to be terminated or restructured. Commissioner Weiland commented he had voted against the fire assessment in 2001. He agreed the improvements were needed; however, he did not agree with the formula for the assessment as being fair and equal. He gave the example that multi-family dwellings that pay less would be more difficult to access, in the case of a fire, rather than a single-family home that would pay more. However, in light of the fact it is the last year of the assessment and the budget cuts the City of Boynton Beach could be facing, he supported the proposed resolution. He also noted once the last fire station is completed there would no longer be a need for further stations. Vice Mayor Rodriguez inquired if the anticipated revenue had been included in the budget. Mr. Bressner confirmed the figure was included in the budget to be approved at the next City Commission meeting. 2 Meeting Minutes Special City Commission Meeting Boynton Beach, FL September 13, 2007 Motion Commissioner Weiland moved to approve Resolution R07-104. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously 4-0. III. Adjournment There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 6:42 p.m. CITY OF BOYNTON BEACH: )0 ~' \ ~ tZ~ / rt.../ '_ ayor,-J 'ry - a r 1----- . - / ATTEST: :~ ~'uic~~u~ ith A. Pyle eputy City Clerk " '1 .~ 3