Agenda 06-08-10 Searchable
The City of
Boynton Beach
Boynton Beach
100 E. Boynton Beach Boulevard ● (561) 742-6000
TUESDAY, JUNE 8, 2010
6:30 PM
FINAL AGENDA
City Commission
AGENDA
Jose Rodriguez
Mayor – At Large
Marlene Ross
Vice Mayor – District IV
William Orlove
Commissioner – District I
Woodrow Hay
Commissioner – District II
Steven Holzman
Commissioner – District III
Kurt Bressner
City Manager
James Cherof
City Attorney
Janet M. Prainito
City Clerk
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GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the
order of business conducted at the meeting. The City Commission will not take action upon any
matter, proposal, or item of business, which is not listed upon the official agenda, unless a
majority of the Commission has first consented to the presentation for consideration and
action.
Consent Agenda Items:
These are items which the Commission does not need to discuss
individually and which are voted on as a group.
Regular Agenda Items:
These are items which the Commission will discuss individually in the
order listed on the agenda.
Voice Vote:
A voice vote by the Commission indicates approval of the agenda item. This can
be by either a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings,
Public Audience, and on any regular agenda item, as hereinafter described.
City Commission meetings are business meetings and, as such, the Commission retains the right to
impose time limits on the discussion on an issue.
Public Hearings:
Any citizen may speak on an official agenda item under the section entitled
“Public Hearings.”
Public Audience:
Any citizen may be heard concerning any matter within the scope of the
jurisdiction of the Commission – Time Limit – Three (3) Minutes
Regular Agenda Items:
Any citizen may speak on any official agenda item(s) listed on the
agenda after a motion has been made and properly seconded, with the exception of Consent
Agenda Items that have not been pulled for separate vote, reports, presentations and first
reading of Ordinances – Time Limit – Three (3) minutes
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your
name and address.
DECORUM:
Any person who disputes the meeting while addressing the Commission may be ordered by the
presiding officer to cease further comments and/or to step down from the podium. Failure to
discontinue comments or step down when so ordered shall be treated as a continuing disruption of the
public meeting. An order by the presiding officer issued to control the decorum of the meeting is
binding, unless over-ruled by the majority vote of the Commission members present.
Please turn off all pagers and cellular phones in the City Commission Chambers while the City
Commission Meeting is in session.
City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East
Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third
Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings
have been moved due to Holidays/Election Day).
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1. OPENINGS
A. Call to Order by Mayor Jose Rodriguez
2. OTHER
A. Review request by Strategic Broadcast Media Group, Inc to intervene on pending sale
of WXEL Radio from Barry University to Classical South Florida
3. ADJOURNMENT
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY
MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH
PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN
INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A
SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT PAM WELSH (561) 742-6013 AT
LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY
ACCOMMODATE YOUR REQUEST.
ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S
WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S
WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK.
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2. A
OTHER
June 8, 2010
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RACC:
Review request by Strategic Broadcast Media Group, Inc
EQUESTED CTION BY ITY OMMISSION
to intervene on pending sale of WXEL Radio from Barry University to Classical South Florida
ER:
Representatives of Strategic Broadcast Media Group, Inc filed a letter of
XPLANATION OF EQUEST
dated June 1, 2010 with information regarding the pending sale of WXEL Radio from its current
owner to Classical South Florida. At the City Commission meeting of June 1, 2010, Strategic
Broadcast Media requested the City file a letter of objection to the pending transfer of WXEL Radio
with the State Board of Education, The next meeting of the State Board of Education is on June 15,
2010, however it is unknown if the WXEL Radio matter is on the agenda for the Board of Education.
The letter and background information from Strategic Broadcast Media Group, Inc is attached as
Exhibit A. In addition there are two more groups that are opposed to the transfer of WXEL-Radio to
Classical South Florida. Representatives of these two organizations also presented information to
the City Commission meeting of June 1, 2010. It should be noted that at least two of the groups
who are opposed to the sale of WXEL Radio to Classical South Florida have expressed an interest
in having WXEL Radio sold or transferred to them.
By way of background, the City of Boynton Beach owned the property where the WXEL TV and
WXEL Radio facilities are located. The City of Boynton Beach transferred title to South Florida
Public Telecommunications, Inc. in April 1986. The deed for the property has a restriction that
reads:
The above-described property shall be used by the grantee, its successors and assigns, as a non-
profit education and or Public Broadcasting or Communications system or systems or facility.
Comment: It is unknown if the proposed sale of WXEL Classical South Florida would be an action
by Barry University that would precipitate a challenge of title based on the above language in the
deed conveyed in 1986.
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On July 26, 2004 when Barry University was contemplating the sale of both the radio and TV
stations, the City of Boynton Beach did notify Barry University, the owners of WXEL, of the deed
conditions. This letter and the full deed is attached as Exhibit B.
City Staff went on-line in an effort to obtain information from Barry University, the owner of the
property and current operator of WXEL Radio and WXEL TV. We could not find any information
related to the pending sale at the Barry University web site. Attached as Exhibit C, is a Palm Beach
Post article dated April 20, 2010 concerning the proposed sale of WXEL Radio.
H?
Unknown. The underlying zoning of the
OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES
subject parcel where the WXEL property is located is Recreation, which may limit its use as
anything other than a public broadcasting entity. As a comment, a more appropriate zoning
classification may be Public Use but this should be verified by our Development Department.
In addition, the proposal from Barry University is the sale of the WXEL radio station and not
WXEL TV. For the foreseeable future, the property will be used by WXEL TV, a public
broadcasting entity that conforms to the deed language.
FI:
Unknown
ISCAL MPACT
A:
At this juncture, this matter is presented as information only pending
LTERNATIVES
discussion by the City Commission as directed by the City Commission on June 1, 2010.
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