Minutes 09-13-12 MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD ON THURSDAY,
SEPTEMBER 13, 2012, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL,
100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA
PRESENT:
Woodrow L. Hay, Mayor Lori LaVerriere, Interim City Manager
Mack McCray, Vice Mayor James Cherof, City Attorney
Steven Holzman, Commissioner Janet Prainito, City Clerk
Marlene Ross, Commissioner
CALL TO ORDER
Mayor Hay called the special meeting to order at 6:30 p.m and offered the invocation
followed by the Pledge of Allegiance to the Flag.
1. FINAL PUBLIC HEARING TO ADOPT FY 2012/2013 FINAL FIRE
ASSESSMENT ANNUAL RATE RESOLUTION NO. R12 -094
Attorney Cherof read Proposed Resolution No. R12 -094, by title only. It is the final
action for renewal of the City's fire assessment. Approval of the Resolution would result
in a net fire assessment of $5,027,804 that would be equivalent to an ad valorem
property rate tax of 1.6150. The property use category charges would remain the same
as the previous year at residential $88, $.20 per square foot commercial, $.05 per
square foot industrial /warehouse, $.22 per square foot institutional and nursing homes
$ 22 per square foot.
The rates, if assessed, represented less than 44% of the eligible fire rescue costs
excluding EMS costs for the Fire Department. The balance is made up from other
revenue sources.
It is a public hearing, after which, a motion to adopt the Resolution would be in order.
Mayor Hay opened the issue for public input.
Mary Law, 625 S. Federal Highway, had heard from the business community that they
felt the assessment was unfair. She suggested if the homeowners wanted to pay the
assessment that was okay, but take it off the business owners. If some of the business
owners want it they could pay it. She did not want the fire assessment on any of her
properties any more. When the assessment was originally passed it was supposed to
be assessed for a few years and it remains many years later. Ms. Law felt the
Commission should consider dropping the fire assessment, especially on her properties.
1
Meeting Minutes
Special City Commission Meeting
Boynton Beach, Florida September 13, 2012
Michele Costantino, Flamingo Drive, had attended the original meeting at Boynton
Beach High School when the fire assessment was first initiated The Commission at
that time promised the assessment would end. The current Commission is allowing the
assessment to continue. There were people who could not afford to feed themselves,
and yet this burden was being placed on them. It is sad and the burden should be
taken off the people. There are five fire stations. It is hard for everybody and even the
children suffer. The City should live within its means and not ask for more during these
hard times.
No one else coming forward, Mayor Hay closed public audience.
Lori LaVerriere, Interim Assistant City Manager, replied to Ms. Costantino there is a
waiver program for those that have a hardship and cannot pay. The information is on
the web site or the Finance Department could answer any questions and assist with
applying for a waiver. She did not believe anyone had been told no. Only 20 to 30
requests are submitted each year.
Ms. Costantino pointed out that having internet access is a luxury that many cannot
afford. Unless the waiver is mailed out, many will not be aware of the possibility. Ms.
LaVerriere admitted it was mostly in electronic format. Mayor Hay added the form is
available at City Hall.
Tim Howard, Deputy Director of Finance, explained the waiver is put on the web site, a
notice is put on the utility bills with a phone number to request the form be mailed and
hard copies are available in the City Hall lobby, Library and all the recreational facilities.
It does need to be submitted by the end of October.
Vice Mayor McCray confirmed the waiver was for homeowners and not businesses and
Mr Howard concurred. It is income based following the county's guidelines of the
Department of Health and Human Services income limits.
Motion
Commissioner Holzman moved to approve. Vice Mayor McCray seconded the motion.
Vote
The motion passed unanimously.
There being nothing further to come before the Commission, Mayor Hay properly
adjourned the special meeting at 6:40 p.m.
(Continued on the next page.)
2
Meeting Minutes
Special City Commission Meeting
Boynton Beach, Florida September 13, 2012
CITY OF BOYNTON BEACH
Woo. a . Hay, Ma,. °x+
Mack McCray, Vice ayo
Com - /
Stev- HoI.4
ATTEST M. rlene Ross, Commissioner
•
dir et M. Prainito, MMC
ity Clerk
dith A. Pyle, C
eputy City C rk
3
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742 -6060
I - FAX: (561) 742 -6090
e -mail: prainitoj @ci.boynton - beach.fl.us
www. Boynton- beach.org
NOTICE OF SPECIAL CITY COMMISSION MEETING AND PUBLIC HEARING
THURSDAY, SEPTEMBER 13, 2012 AT 6:30 P.M.
COMMISSION CHAMBERS
100 E. BOYNTON BEACH BLVD.
BOYNTON BEACH, FLORIDA
In accordance with Section 22 of the City Charter of the City of Boynton Beach and Florida Statutes you
are hereby notified of City Commission meeting to be held on Thursday, September 13, 2012 at 6:30
p.m. until business is concluded for the purpose of conducting the:
1. FINAL PUBLIC HEARING TO ADOPT FY 2012/2013 FINAL FIRE ASSESSMENT
ANNUAL RATE RESOLUTION NO. R12 -094
Woodrow Hay, Mayor
Mack McCray, Vice Mayor
, Commissioner
Steven Holzman, Commissioner
Marlene Ross, Commissioner
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 THE
CITY CLERK'S OFFICE AT (561) 742 -6060 AT LEAST TWENTY - FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO
REASONABLY ACCOMMODATE YOUR REQUEST.
09/11/2012 12:32 PM
c: City Mgr, City Atty., City Commission, Finance, Facilities, ITS
S \CC\WP \SPECIAL MEETINGS \Budget Meeting Notices \Year 2012 \Special Meeting - Fnal Fire Assessment Public Heanng - 09- 18- 12.doc
America's Gateway to the Gulfstream
CITY OF BOYNTON BEACH
' AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: September 13, 2012
❑ OPENINGS ® PUBLIC HEARING
❑ OTHER ❑ CITY MANAGERS REPORT
NATURE OF El ANNOUNCEMENTS/PRESENTATIONS ❑ UNFINISHED BUSINESS
AGENDA ITEM ❑ ADMINISTRATIVE ❑ NEW BUSINESS
❑ Cornea AGENDA ❑ LEGAL
❑ BIDS AND PURCHASES OVER 1100,000 ❑ FUTURE AGENDA ITEMS
CODE COMPLIANCE AND LEGAL
❑ SErrLEMEFrrs
REQUESTED ACTION BY CITY CosIMIsSION: Conduct a Public Hearing to adopt the Final
Assessment Resolution for the FY 2012 -2013 Fie Assessment PROPOSED RESOLUTION
NO. R12-
EXPLANATION OF REQUEST: On July 17, 2012, the City Commission adopted Resolution
No. R12 -067 to continue the Fire Assessment Program for FY 2012 -2013.
On August 16, 2012, the City published a "Notice of Hearing to Impose and Provide for
Collection of Fire Rescue Special Assessments" in the Palm Beach Post. In addition,
the City had a statutorily required Notice to Property Owner mailed to affected property
owners by first class mail. In addition, the Patin Beach County Property Appraiser's
Office mailed TRIM notices informing all property owners of the assessment via their
proposed property tax bill. All notices provided the time, date and place of this Hearing
that the Commission would consider the adoption of the Final Assessment Resolution.
The proposed Assessment for residential property owners is $88.00 annually per
dwelling unit. This is consistent with the $88.00 annual Assessment in FY 2011 -2012.
The City Commission recognizes that the Assessment may create a hardship on certain
residential property owners in the City. Therefore, the Final Rate Resolution provides a
means whereby property owners may request H.E.L.P. (Hardship Extension Loan
Program) for a total or partial waiver through an application review process. A copy of
the application and criteria is attached. Notice of the Hardship Extension Loan Program
(H.E.L.P.) was also uploaded to the City's website.
In addition, the Resolution provides for a Mobile Home Park Vacancy Adjustment
whereby vacancies result in the absence of structures on unoccupied spaces as
compared to other residential properties and lack demand for Fire Rescue services for
unoccupied spaces which lack structures.
How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Fire Assessment provides only
partial funding to the total Fire Department in order to maintain its excellent response
time. It does not provide funding for EMS services. Only Fire Rescue services are
allowed under Florida Statutes.
FISCAL IMPACT: For Fiscal Year 2012 -13, the estimated gross Fire Rescue Assessed
cost is $5,809,640 reduced to a net realized assessment of $5,027,804 after excluding
tax exempt properties.
The net realized Fire Assessment of $5,027,804 would equal an increase to the ad
valorem property tax rate of 1.6150 to raise the same amount of revenue to the City.
The Fire Rescue Assessments to be assessed and apportioned among benefltted
property parcels follow.
Property Use Category Rate Per Dwelling Unit
Residential $88.00
Non- Ressldentlal Property Use Categories Rata Per Square Foot (1
Commercial $020
Industrial/warehouse $0.05
Ins itutional
Nursing Home *0.2 2 2
(")There is a maximum of 77,001 square foot cap on non-residential buildings.
The above rates only assess Tess than 44% of the eligible Fire Rescue costs after
excluding EMS costs of the Fire Department. If they were assessed at 100% of the
eligible costs, the rates would be $202.00 per dwelling unit and approximately twice the
square footage rates for commercial property.
ALTERNATIVES:
1. Approve the proposed assessment levels. ($88.00 per dwelling unit, etc.)
2. Not approve the Fire Assessment with proportional consequences to above.
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5 CITY OF BOYNTON BEACH, FLORIDA
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12 FINAL ASSESSMENT RESOLUTION
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18 ADOPTED SEPTEMBER 13, 2012
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1 RESOLUTION NO. R12 -094
2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
3 BOYNTON BEACH, FLORIDA, RELATING TO THE PROVISION OF
4 FIRE RESCUE SERVICES, FACILITIES, AND PROGRAMS IN THE
5 CITY OF BOYNTON BEACH, FLORIDA; IMPOSING FIRE RESCUE
6 ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED
7 WITHIN THE CITY, FOR THE FISCAL YEAR BEGINNING
8 OCTOBER 1, 2012; APPROVING THE RATE OF ASSESSMENT;
9 APPROVING THE ASSESSMENT ROLL; CONFIRMING AND
10 CONTINUING A PROCEDURE FOR HARDSHIP WAIVERS OR
11 DEFERRALS OF ALL OR PART OF THE CITY'S FIRE RESCUE
12 SPECIAL ASSESSMENT INCLUDING APPLICATION AND REVIEW
13 BY A COMMITTEE, AND ELIGIBILITY CRITERIA FOR SUCH
14 WAIVERS; PROVIDING FOR CONFLICTS; PROVIDING FOR
15 SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
16
17 WHEREAS, the City Commission of Boynton Beach, Florida (the "City
18 ommission "), has enacted Ordinance No. 08 -017 (the "Ordinance "), which authorizes the re-
19 mposition of Fire Rescue Assessments each Fiscal Year for the rescue services, facilities, and
20 .rograms against Assessed Property located within the City; and
21 WHEREAS, the re- imposition of a Fire Rescue Assessment for fire rescue services,
22 acilities, and programs each fiscal year is an equitable and efficient method of allocating and
23 :pportioning the Fire Rescue Assessed Cost among parcels of Assessed Property; and
24 WHEREAS, the City Commission desires to continue a Fire Rescue Assessment
25 .rogram and re- impose a Fire Rescue Assessment in the City at the same annual rates as Fiscal
26 ear 2011 -2012, using the procedures provided by the Ordinance, including the tax bill
27 ollection method for the Fiscal Year beginning on October 1, 2012; and
28 WHEREAS, the City Commission, on July 1, 2008, adopted Resolution No. R08 -076 (the
29 "Initial Assessment Resolution "); and
30 WHEREAS, the City Commission, on September 6, 2011, adopted Resolution R11-
31 189, which established the annual assessment rates for the Fire Rescue Assessment, and on
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1 I my 17, 2012, adopted Resolution No. R12 -067 (the "Preliminary Assessment Resolution "),
2 hich confirmed the continuation of the assessment rates established in Resolution R11 -089
3 or Fiscal Year 2012 -2013; and,
4 WHEREAS, the Preliminary Assessment Resolution contains and references a brief
5 : d general description of the fire rescue services, facilities, and programs to be provided to
6 • ssessed Property; describes the method of apportioning the Fire Rescue Assessed Cost to
7 ompute the Fire Rescue Assessment for fire rescue services, facilities, and programs against
8 • ssessed Property; confirmed the rates of assessment as those imposed in fiscal Year 2011-
9 ' 012; and directs the updating and preparation of the Assessment Roll and provision of the
10 otice required by the Ordinance; and
11 WHEREAS, in order to re- impose Fire Rescue Assessments for the Fiscal Year
12 •eginning October 1, 2012, the Ordinance requires the City Commission to adopt a Final
13 • ssessment Resolution, which confirms and establishes the rates of assessment, and approves
14 he Assessment Roll for the upcoming Fiscal Year, with such amendments as the City
15 ommission deems appropriate, after hearing comments and objections of all interested
16 •arties; and
17 WHEREAS, the Assessment Roll has heretofore been made available for inspection
18 by the public, as required by the Ordinance; and
19 WHEREAS, notice of a public hearing has been published and mailed, as required by
20 he terms of the Ordinance. An Affidavit of Mailing being attached hereto as Appendix A and
21 he Proof of Publication being attached hereto as Appendix B;
22 WHEREAS, the City Commission recognizes that the special assessment may work a
23 ardship on certain residential property owners in the City, and desires to continue to provide a
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1 eans whereby affected property owners may request a total or partial waiver of the special
2 :ssessment for hardship; and
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3 WHEREAS, a public hearing was held on September 13, 2012, and comments and
4 •bjections of all interested persons have been heard and considered as required by the terms of
5 he Ordinance.
6 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
7 HE CITY OF BOYNTON BEACH, FLORIDA THAT:
8
9 SECTION 1. AUTHORITY. This resolution is adopted pursuant to Ordinance No.
10 18 -017; Resolution No. R08 -076; Resolution R11 -089, which established the current annual
11 : ssessment rates for the special assessment, Resolution No. R12 -067; Article VIII, Section 2,
12 lorida Constitution; Sections 166.021 and 166.041, Florida Statutes; and other applicable
13 •rovisions of law.
14 SECTION 2. DEFINITIONS AND INTERPRETATION. This resolution
15 onstitutes the Final Assessment Resolution as defined in the Ordinance. All capitalized words
16 d terms not otherwise defined herein shall have the meanings set forth in the Ordinance, the
17 nitial Assessment Resolution and the Preliminary Assessment Resolution.
18 SECTION 3. RE- IMPOSITION OF FIRE RESCUE ASSESSMENTS.
19 (A) The parcels of Assessed Property described in the Assessment Roll, which is
20 ereby approved, are hereby found to be specially benefited by the provision of the fire rescue
21 .ervices, facilities, and programs described or referenced in the Preliminary Assessment
22 ' esolution, in the amount of the Fire Rescue Assessment set forth in the Assessment Roll, a
23 opy of which was present or available for inspection at the above referenced public hearing
24 : nd is incorporated herein by reference. It is hereby ascertained, determined, and declared that
25 -ach parcel of Assessed Property within the City will be specially benefited by the City's
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1 provision of fire rescue services, facilities, and programs in an amount not less than the Fire
2 'escue Assessment for such parcel, computed in the manner set forth in the Preliminary
3 • ssessment Resolution. Adoption of this Final Assessment Resolution constitutes a legislative
4 p etermination that all parcels assessed derive a special benefit in a manner consistent with the
5 egislative declarations, determinations and findings as set forth in the Ordinance, the
6 'reliminary Assessment Resolution, and this Final Assessment Resolution from the fire rescue
7 .ervices, facilities, or programs to be provided and a legislative determination that the Fire
8 ' escue Assessments are fairly and reasonably apportioned among the properties that receive
9 he special benefit as set forth in the Preliminary Assessment Resolution.
10 (B) The method for computing Fire Rescue Assessments described and referenced
11 n the Preliminary Assessment Resolution is hereby approved. The Parcel Apportionment
12 ethodology described in Appendix F of the Preliminary Assessment Resolution, and adopted
13 n Section 7 of the Preliminary Assessment Resolution, is hereby approved.
14 (C) For the Fiscal Year beginning October 1, 2012, the estimated net Fire Rescue
15 • ssessed Cost to be assessed is $5,809,640.00. The Fire Rescue Assessments to be re- assessed
16 : d apportioned among benefited parcels pursuant to the Cost Apportionment and Parcel
17 • pportionment to generate the estimated Fire Rescue Assessed Cost for the Fiscal Year
18 ommencing October 1, 2012, are the same as the rates for Fiscal Year 2011 -2012, which are
19 ereby confirmed and established as follows:
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Property Use Category Rate Per Dwelling Unit
Residential $88.00
Non - Residential Property Use Categories Rate Per Square Foot
Commercial $0 20
Industrial /Warehouse $0.05
Institutional $0.22
Nursing Home $0.22
2
3 (D) The above rates of assessment are hereby approved. Fire Rescue Assessments
4 or fire rescue services, facilities, and programs in the amounts set forth in the Assessment
5 • oll, as herein approved, are hereby levied and re- imposed on all parcels of Assessed Property
6 escribed in such Assessment Roll for the Fiscal Year beginning October 1, 2012.
7 (E) As authorized in Section 2.14 of the Ordinance, no Fire Rescue Assessment
8 .hall be imposed upon a parcel of Government Property, except as provided in the Preliminary
9 A ssessment Resolution, or upon a parcel of Institutional Property whose use is wholly exempt
10 rom taxation under Florida law.
11 (F) Any shortfall in the expected Fire Rescue Assessment proceeds due to any
12 eduction or exemption from payment of the Fire Rescue Assessments required by law or
13 uthorized by the City Commission shall be supplemented by any legally available funds, or
14 , ombination of such funds, and shall not be paid for by proceeds or funds derived from the
15 ire Rescue Assessments.
16 (G) As authorized in Section 2.13 of the Ordinance, interim Fire Rescue
17 A ssessments are also levied and imposed against all property for which a Building Permit is
18 ssued after adoption of this Final Assessment Resolution based upon the rates of assessment
19 ., pproved herein.
20 (H) Fire Rescue Assessments shall constitute a lien upon the Assessed Property so
21 ssessed equal in rank and dignity with the liens of all state, county, district, or municipal taxes
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1 : d other non -ad valorem assessments. Except as otherwise provided by law, such lien shall
2 • e superior in dignity to all other liens, titles and claims, until paid.
3 (I) The Assessment Roll, as herein approved, shall be delivered to the Tax
4 ollector for collection using the tax bill collection method in the manner prescribed by the
5 • rdinance. The Assessment Roll, as delivered to the Tax Collector, shall be accompanied by a
6 ertificate to Non -Ad Valorem Assessment Roll in substantially the form attached hereto as
7 • ppendix C.
8 SECTION 4. CONFIRMATION OF PRELIMINARY ASSESSMENT
9 ' SOLUTION. The Preliminary Assessment Resolution is hereby confirmed.
10 SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. The adoption of
11 his Final Assessment Resolution shall be the final adjudication of the issues presented
12 including, but not limited to, the determination of special benefit and fair apportionment to the
13 • ssessed Property, the method of apportionment and assessment, the rate of assessment, the
14 • ssessment Roll and the levy and lien of the Fire Rescue Assessments), unless proper steps
15 .hall be initiated in a court of competent jurisdiction to secure relief within 20 days from the
16 I ate of this Final Assessment Resolution.
17 SECTION 6. HARDSHIP WAIVERS OR DEFERRALS.
18 (A) The City Commission of the City of Boynton Beach, Florida hereby continues
19 is program for qualified individuals who need financial assistance to pay all or part of the Fire
20 ' escue Assessment levied on their property or who seek deferral of payment of all or part of
21 he Fire Rescue Assessment on their property.
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1 (B) The City's program for financial assistance shall be commonly referred to as
2 .E.L.P., Hardship Extension Loan Program. The following types of financial assistance are
3 : vailable, based upon need:
4 1. Relief from all payments of an annual Fire Rescue Assessment.
5 2. Relief from a portion of payments of an annual Fire Rescue
6 Assessment.
7
8 3. Deferral of payments of an annual Fire Rescue Assessment.
9 4. Deferral of a portion of payments of an annual Fire Rescue
10 Assessment.
11
12 (C) The following individuals are eligible for financial assistance.
13 1. Residential Property Owners who meet 2012 HHS Poverty Guidelines.
14
15 2. Residential property owners that are exempt from ad valorem taxation
16 pursuant to the following Florida Statutes are eligible to apply for a
17 Hardship Waiver or Deferral:
18
19 a. Section 196.081, Florida Statutes (totally disabled veterans and
20 surviving spouses of veterans);
21
22 b. Section 196.091, Florida Statutes (disabled veterans confined to
23 wheelchairs);
24
25 c. Section 196.101, Florida Statutes (totally and permanently
26 disabled persons).
27
28 3. Residential Property Owners that qualify for the additional homestead
29 exemption for persons 65 and over authorized pursuant to Section
30 196.075, Florida Statutes are also eligible to apply for the Hardship
31 Waiver.
32
33 4. Residential Property Owners that are qualified under the Florida
34 Homestead Property Tax Deferral Act, Section 197.242, et al., Florida
35 Statutes.
36
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1 (D) Eligible Residential Property Owners may submit an application for a
2 ardship Waiver or Deferral, on a form prepared by the City, with the Finance Department.
3 he Application shall include the following:
4 1. Documentation demonstrating eligibility for the Hardship Waiver or
5 Deferral through one of the criteria from exemptions listed in Section C
6 above;
7
8 2. A copy of the Tax Bill for the subject property;
9 3. Description of the facts and circumstances of the hardship.
10 (E) All Applications for the Hardship Waiver or Deferral must be received by the
11 ity's Finance Department on or before November 1 of each year in order to be considered for
12 he currently billed assessment. For example, all Hardship Waiver or Deferral Applications for
13 he Fire Rescue Special Assessment for the Fiscal Year commencing October 1, 2012, must be
14 eceived on or before November 1, 2012.
15 Once received, all applications shall be reviewed by a Hardship Waiver Review
16 ommittee:
17 1. The Committee shall be comprised of three (3) members:
18 a. City Manager, or his or her designee;
19 b. City's Finance Director, or his or her designee; and
20 c. Member appointed by City Commission.
21
22 2. The Committee shall review the facts and circumstances to determine
23 whether a hardship exists to warrant a partial or total waiver of the
24 special assessment levied upon the applicant's real property or a
25 deferral of payment of such.
26
27 3. The concurrence of a majority of the members of the Committee shall
28 be necessary to grant a partial or total, waiver or deferral of payment of
29 the special assessment.
30
31 4. The decision of the Committee is final.
32
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1 (F) The Committee shall render a written decision and provide such to the
2 : pplicant.
3 (G) If a partial or total waiver or deferral is granted by the Committee, the Finance
4 D irector shall ensure appropriate documentation is provided to the Tax Collector as to the
5 evised amount of the assessment as to the applicant.
6 (H) An applicant may apply for a Hardship Waiver as to one property only.
7 (I) An applicant must apply for the Hardship Waiver on an annual basis.
8 (J) A deferral may be granted for no longer than the end of the then current fiscal
9 , ear.
10 (K) When financial assistance is granted pursuant to the H.E.L.P. program, any
11 .hortfall in the expected Fire Rescue Assessment proceeds due to any reduction or exemption
12 rom payment of the Fire Rescue Assessments authorized by this Section shall be
13 .upplemented by any legally available funds, or combination of such funds, and shall not be
14 said for by proceeds or funds derived from the Fire Rescue Assessments.
15 .ECTION 7. MOBILE HOME VACANCY ADJUSTMENT. As authorized in Section
16 ' (L) of the Preliminary Rate Resolution, there shall be a Mobile Home Vacancy Adjustment
17 •rocedure for Mobile Home and Recreational Vehicle Park Property, using the procedures
18 .stablished in Resolution R11 -089. Any shortfall in the expected Fire Rescue Assessment
19 •roceeds due to any adjustment for vacancy shall be supplemented by any legally available
20 nds and shall not be paid for by proceeds or funds derived from Fire Rescue Assessments.
21 ailure of the Owner to timely provide the information to the City will result in no Vacancy
22 • djustment for the special assessment.
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1 SECTION 8. CONFLICTS. All resolutions or parts of resolutions in conflict herewith are
2 I ereby repealed to the extent of such conflict.
3 SECTION 9. SEVERABILITY. If any clause, section, other part or application of this
4 lesolution is held by any Court of competent jurisdiction to be unconstitutional or invalid, in
5 is art or application, it shall not affect the validity of the remaining portions or applications of
6 his Resolution.
7 SECTION 10. EFFECTIVE DATE. This Resolution shall become effective
8 immediately upon its passage and adoption.
9 PASSED AND ADOPTED this 13 day of September, 2012
10 CITY OF BOYNTON BEACH, FLORIDA
11
12 Mayor — Woodrow Hay
13
14
15 Vice Mayor — Mack McCray
16
17
18 Commissioner —
19
20
21 Commissioner — Steven Holzman
22
23
24 Commissioner — Marlene Ross
25 ATTEST:
26
27 Janet M. Prainito, MMC
28 City Clerk
29 (Corporate Seal)
30
31 H \_GOV CLIENTS\BB 306 \900182 GM \Fire Assessment\2012 Final Assessment Resolution doc
32
33
34
35
36
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APPENDIX A
AFFIDAVIT OF MAILING
APPENDIX B
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APPENDIX C
FORM OF CERTIFICATE
TO
NON -AD VALOREM ASSESSMENT ROLL
CERTIFICATE
TO
NON -AD VALOREM ASSESSMENT ROLL
I HEREBY CERTIFY that I am the Mayor of the City of Boynton Beach, or authorized
agent of the City of Boynton Beach, Florida (the "City"); as such, I have satisfied myself that all
property included or includable on the non -ad valorem assessment roll for fire rescue services
(the "Non -Ad Valorem Assessment Roll") for the City is properly assessed so far as I have been
able to ascertain; and that all required extensions on the above- described roll to show the non -ad
valorem assessments attributable to the property listed therein have been made pursuant to law.
I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection
Act, this certificate and the herein described Non -Ad Valorem Assessment Roll will be delivered
to the Palm Beach County Tax Collector by September 15, 2012.
IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be
delivered to the Palm Beach County Tax Collector and made part of the above described Non -Ad
Valorem Assessment Roll, this day of , 2012.
CITY OF BOYNTON BEACH, FLORIDA
BY:
ITILE:
[To be delivered to Palm Beach County Tax Collector by September 151
II City of Boynton Beach, Florida
Fire Assessment Application for Determination of Eligibility for H.E.L.P.
FISCAL YEAR 2012 -2013
NAME:
(LAST) (FIRST)
SOCIAL SECURITY NUMBER: - - TELEPHONE #
ADDRESS:
(STREET) (CITY) (STATE) (ZIP)
FOR EACH PERSON WHO RESIDES WITH YOU AT THE ABOVE ADDRESS, UST THEIR NAME, AGE AND
RELATIONSHIP TO YOU BELOW OR ON AN ATTACHED SHEET, IF NEEDED:
(NAME) (AGE) (RELATIONSHIP)
(NAME) (AGE) (RELATIONSHIP)
I CERTIFY THAT I AM A RESIDENTIAL PROPERTY OWNER AND I MEET ONE (1) OF THE CRITERIA CHECKED
IN THE BOX BELOW FOR WHICH I AM REQUESTING ELIGIBILITY FOR H.E.L.P.
(Provide a copy of your 2012 Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments)
(PLEASE CHECK THE APPROPRIATE BOX FOR WHICH YOU ARE REQUESTING ELIGIBILITY FOR H.E.L.P)
❑ I qualify for the additional homestead exemption for persons 65 and over as noted on the attached
Notice of Ad Valorem Taxes and Non -Ad Valorem Assessments authorized pursuant to Florida
Statutes Section 196.075.
❑ I qualify for the Florida Homestead Property Tax Deferral Act as noted on the attached Notice of Ad
Valorem Taxes and Non-Ad Valorem Assessments authorized pursuant to Section 197.242, et al,
Florida Statutes
❑ I am a totally disabled veteran or the surviving spouse of a totally disabled veteran AND I am exempt
from ad valorem taxes pursuant to Florida Statutes Section 196.081.
(Provide copy of disability letter from the government or a physician)
❑ I am a disabled veteran confined to a wheelchair AND I am exempt from ad valorem taxes pursuant to
Florida Statutes Section196.091.
(Provide copy of disability letter from the government or a physician)
❑ I am permanently and totally disabled AND I am exempt from ad valorem taxes pursuant to Florida
Statutes Section 196.101.
(Provide copy of disability letter from the government or a physician)
❑ I meet the U.S. Department of Health & Human Services (HHS) Poverty Guidelines Listed on Page 2
of this Application.
(Provide a copy of your last two (2) years (2010 & 2011) Federal Income Tax Returns)
OR IF YOU DID NOT RL E INCOME TAXES FOR 771E PAST (2) YEARS
(Provide a copy of your last three (3) months bank and investment statements for all accounts)
NOTE: The City may require additional information to determine eligibility.
(Please complete and sign Page 2 of this Application)
Fire Assessment Application for Determination of Eligibility for H.E.L.P.
Page 2
Please explain the financial hardship that makes it difficult or impossible for you to pay this year's
Fire Assessment Amount as levied on the attached Notice from Palm Beach County.
Under penalty of perjury, I hereby swear or affirm that the information I am submitting is true, complete and
correct in order to determine my eligibility for H.E.L.P.
Applicant's signature Date
DETERMINING IF YOU MEET HHS POVERTY GUIDELINES
2012 HHS Poverty Guidelines PLEASE NOTE WHAT INCOME TO INCLUDE
Size of Poverty income used to calculate if you meet poverty
Family Unit Guideline level status includes the following sources:
1 $ 11,170
2 $ 16,13° Wages, unemployment compensation, Social
3 $ 19,090 Security, Supplemental Social Security
4 • 23 Income, public assistance, veterans'
5 27,010 payments, survivor benefits, pension or
6 $ $ 34,930 0 retirement income, interest, dividends, rents,
7 royalties, income from estates, trust,
8 $ '890 educational assistance, alimony, child support,
For each additional person, add $ 3,960 assistance from outside the household, and
Source: Federal Register, Vol. 77, No. 17, other miscellaneous sources.
January 26, 2012, pp. 4034 4035
CITY REVIEW PROCESS:
• Applicant submits application to City of Boynton Beach, Financial Services Department, P.O. Box 310,
Boynton Beach FL 33425-0310 delivered no later than Novi 1, 2012
• The Hardship Waiver Review Committee reviews application. The Committee includes the City Manager
or designee, the Finance Director or designee and a third member appointed by the City Commission.
> The Committee's decision to grant a waiver or deferral must be by a majority vote of the Committee.
> Once the Committee makes a determination, the applicant will be notified in writing of the Committee's
decision. The decision of the Committee is final.
PLEASE SIGN AND RETURN THIS COMPLETED APPLICATION, ALONG WITH YOUR 2012 TAX
NOTICE FROM PALM BEACH COUNTY AND THE REQUIRED DOCUMENTATION FOR THE BOX
CHECKED ON PAGE 1 OF THIS APPLICATION TO:
City of Boynton Beach
Financial Services Department
P.O. Box 310 —100 East Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
(561) 7424310
H.E.L.P. Program for 2012 Fire Assessment
A waiver or deferral may be available to City of Boynton Beach qualified resident
property owners who have difficulty in paying the 2012 Fire Assessment ($88.00).
Individuals who are eligible for H.E.L.P., the Hardship Extension Loan Program
assistance include:
• Residential property owners who meet the 2012 US Department of Health and
Human Services poverty guidelines;
> Residential property owners who are exempt from ad valorem taxes because
they are totally disabled veterans or the surviving spouse of a totally disabled
veteran; disabled veterans confined to a wheelchair or totally and permanently
disabled persons;
> Residential property owners that qualify for the additional Homestead Exemption
for persons 65 and over and
> Residential property owners that are qualified under the Florida Homestead
Property Tax Deferral Act.
A completed application must be filed with the City no later than November 1, 2012 to be
considered.
Applications are available at City Hall and the Library or by calling (561) 742 -6310.
UPLOADED TO CITY OF BOYNTON BEACH WEBSITE.
CITY OF BOYNTON BEACH
MOBILE HOME PARK VACANCY RATE AFFIDAVIT
THIS AFFIDAVIT IS FOR MOBILE SOME SPACES ONLY
DO NOT INCLUDE RV SPACES
Tax ID Number Legal Description
Name of Park
STATE OF
COUNTY OF
BEFORE ME, the undersigned authority, personally appeared so, after being duly
sworn, deposes and says:
1. The above referenced tax parcel is owned of record by
2. The above tax parcel is used for mobile home park purposes.
3. The undersigned is the owner, or duly authorized agent of the owner, and executes this affidavit in order to apply for
and induce City of Boynton Beach to adjust the Fire Rescue Assessment on the above tax parcel based upon the
existence of a historical extraordinary vacancy rate.
4. The following is a full and accurate description of the number of spaces in the mobile home park located on the
above tax parcel from January 1, 2011 to December 31, 2011:
Mobile Home Spaces
Vacant Spaces
Vacancy Rate
5, Under penalty of perjury for false or misleading statements and with knowledge that this certification may be subject
to verification and audit, an extraordinary vacancy adjustment to the Fire Rescue Assessment imposed on the above
tax parcel is hereby requested fur the fiscal year conking October 1, 2012.
Affiant
Signature
Print Name
Telephone Number
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2012, by
, who is personally known to me or who has produced as
identification and who did (did not) take an oath.
(Notary Seal) Notary Public Signature
Print Name
My Commission Expires: