Agenda 09-10-15The City of Boynton Beach
09/01/2015 11:59 AM
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742 -6060
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 10, 2015 AT 6:00 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 a Special City Commission meeting to be held on Thursday, September 10, 2015 at
6 :00 p.m. until business is concluded for the purpose of conducting the:
1. PUBLIC HEARING TO ADOPT FY 2015/2016 FINAL FIRE ASSESSMENT ANNUAL
RATE RESOLUTION NO. R15 -108
Jerry Taylor, Mayor
Joe Casello, Vice Mayor
David T. Merker, Commissioner
Mack McCray, Commissioner
Michael Fitzpatrick, 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.
S: \CC \WP \SPECIAL MEETINGS \Fire Assessment \Special Meeting - Fire Assessment Public Hearing - 09- 10- 15.doc
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: September 10, 2015
REQUESTED ACTION BY CITY COMMISSION: Conduct a Public Hearing to adopt the Final
Assessment Resolution for the FY 2015 -2016 Fire Assessment. PROPOSED RESOLUTION
NO. R15 -108.
EXPLANATION OF REQUEST: On July 21, 2015, the City Commission adopted Resolution
No. R15 -081 to continue the Fire Assessment Program for FY 2015 -2016.
On August 16, 2015, 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 Palm 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 $100.00 annually per
dwelling unit. This is unchanged from the previous year.
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 2015 -16, the estimated gross Fire Rescue Assessed
cost is $6,542,093 reduced to a net realized assessment of $5,644,884 after excluding
tax exempt properties.
The net realized Fire Assessment of $5,644,884 would equal an increase to the ad
valorem property tax rate of 1.5256 to raise the same amount of revenue to the City.
The Fire Rescue Assessments to be assessed and apportioned among benefitted
property parcels follow.
Proposed FY 15/16:
Property Use Category Rate Per Dwelling Unit
Residential $100.00
Non- Residential Property Use Categories Rate Per Square Foot ( *)
Commercial $0.23
Industrial/Warehouse $0.05
Institutional $0.25
Nursing Home $0.25
( *)There is a maximum of 77,001 square foot cap on non - residential buildings.
Current FY 14/15:
Property Use Category Rate Per Dwelling Unit
Residential $100.00
Non - Residential Property Use Categories Rate Per Square Foot ( *)
Commercial $0.23
Industrial/Warehouse $0.05
Institutional $0.25
Nursing Home $0.25
( *)There is a maximum of 77,001 square foot cap on non - residential buildings.
The above rates for FY 15/16 only assess less than 49% 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. ($100.00 per dwelling unit, etc.)
2. Approve an alternate assessment level with proportional adjustments to the Fire
Department non -EMS budget.
3. Not approve the Fire Assessment with proportional consequences to above.
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{00092448.1306- 9001821)
CITY OF BOYNTON BEACH, FLORIDA
ANNUAL ASSESSMENT RESOLUTION
ADOPTED SEPTEMBER 10, 2015
Page 1 of 13
22 RESOLUTION NO. R15-
23 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
24 RELATING TO THE PROVISION OF FIRE RESCUE SERVICES,
25 FACILITIES, AND PROGRAMS IN THE CITY OF BOYNTON BEACH,
26 FLORIDA; IMPOSING FIRE RESCUE ASSESSMENTS AGAINST
27 ASSESSED PROPERTY LOCATED WITHIN THE CITY FOR THE
28 FISCAL YEAR BEGINNING OCTOBER 1, 2015; APPROVING THE
29 RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL;
30 CONFIRMING AND CONTINUING A PROCEDURE FOR HARDSHIP
31 WAIVERS OR DEFERRALS OF ALL OR PART OF THE CITY'S FIRE
32 RESCUE SPECIAL ASSESSMENT INCLUDING APPLICATION AND
33 REVIEW BY THE CITY'S FINANCE DIRECTOR OR DESIGNEE, AND
34 ELIGIBILITY CRITERIA FOR SUCH WAIVERS; PROVIDING FOR
35 CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE.
36
37 WHEREAS, the City Commission of Boynton Beach, Florida (the "City Commission "),
38 has enacted Ordinance No. 08 -017 (the "Ordinance "), which authorizes the imposition of Fire
39 Rescue Assessments each Fiscal Year for the fire rescue services, facilities, and programs against
40 Assessed Property located within the City; and
41 WHEREAS, the imposition of a Fire Rescue Assessment for fire rescue services,
42 facilities, and programs each fiscal year is an equitable and efficient method of allocating and
43 apportioning the Fire Rescue Assessed Cost among parcels of Assessed Property; and
44 WHEREAS, the City Commission desires to continue a Fire Rescue Assessment
45 program and impose a Fire Rescue Assessment in the City using the procedures provided by the
46 Ordinance, including the tax bill collection method, for the Fiscal Year beginning on October 1,
47 2015; and
48 WHEREAS, the City Commission, on July 1, 2008, adopted Resolution No. R08 -076
49 (the "Initial Assessment Resolution "); and
50 WHEREAS, the City Commission, on July 21, 2015, adopted Resolution No. R15 -081
51 (the "Preliminary Assessment Resolution "), which set forth the preliminary assessment rates for
(00092448 1 306 - 9001821
Page 2 of 13
52 Fiscal Year 2015 -16, and which contains and references a brief and general description of the fire
53 rescue services, facilities, and programs to be provided to Assessed Property; describes the
54 method of apportioning the Fire Rescue Assessed Cost to compute the Fire Rescue Assessment
55 for fire rescue services, facilities, and programs against Assessed Property; confirmed the rates of
56 assessment; and directs the updating and preparation of the Assessment Roll and provision of the
57 notice required by the Ordinance; and
58 WHEREAS, in order to impose Fire Rescue Assessments for the Fiscal Year beginning
59 October 1, 2015, the Ordinance requires the City Commission to adopt an Annual Rate
60 Assessment Resolution, which confirms and establishes the rates of assessment, and approves the
61 Assessment Roll for the upcoming Fiscal Year, with such amendments as the City Commission
62 deems appropriate, after hearing comments and objections of all interested parties; and
63 WHEREAS, the Assessment Roll has heretofore been made available for inspection by
64 the public, as required by the Ordinance; and
65 WHEREAS, notice of a public hearing has been published and mailed, as required by the
66 terms of the Ordinance. An Affidavit of Mailing is attached hereto as Appendix A and the Proof
67 of Publication is attached hereto as Appendix B; and
68 WHEREAS, the City Commission recognizes that the special assessment may work a
69 hardship on certain residential property owners in the City, and desires to continue to provide a
70 means whereby affected property owners may request a total or partial waiver of the special
71 assessment for hardship; and
72 WHEREAS, a public hearing was held on September 10, 2015, and comments and
73 objections of all interested persons have been heard and considered as required by the terms of the
74 Ordinance.
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Page 3 of 13
75 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
76 CITY OF BOYNTON BEACH, FLORIDA THAT:
77
78 SECTION 1. AUTHORITY. This resolution is adopted pursuant to Ordinance No. 08-
79 017; Resolution No. R08 -076; Resolution No. R15 -081; Article VIII, Section 2, Florida
80 Constitution; Sections 166.021 and 166.041, Florida Statutes; and other applicable provisions of
81 law.
82 SECTION 2. DEFINITIONS AND INTERPRETATION. This resolution constitutes
83 the Annual Rate Resolution as defined in the Ordinance. All capitalized words and terms not
84 otherwise defined herein shall have the meanings set forth in the Ordinance, the Initial
85 Assessment Resolution and the Preliminary Assessment Resolution.
86 SECTION 3. IMPOSITION OF FIRE RESCUE ASSESSMENTS.
87 (A) The parcels of Assessed Property described in the Assessment Roll, which is
88 hereby approved, are hereby found to be specially benefited by the provision of the fire rescue
89 services, facilities, and programs described or referenced in the Preliminary Assessment
90 Resolution, in the amount of the Fire Rescue Assessment set forth in the Assessment Roll, a copy
91 of which was present or available for inspection at the above referenced public hearing and is
92 incorporated herein by reference. It is hereby ascertained, determined, and declared that each
93 parcel of Assessed Property within the City will be specially benefited by the City's provision of
94 fire rescue services, facilities, and programs in an amount not less than the Fire Rescue
95 Assessment for such parcel, computed in the manner set forth in the Preliminary Assessment
96 Resolution. Adoption of this Annual Rate Resolution constitutes a legislative determination that
97 all parcels assessed derive a special benefit in a manner consistent with the legislative
98 declarations, determinations and findings as set forth in the Ordinance, the Preliminary
99 Assessment Resolution, and this Annual Rate Resolution from the fire rescue services, facilities,
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100 or programs to be provided and a legislative determination that the Fire Rescue Assessments are
101 fairly and reasonably apportioned among the properties that receive the special benefit as set forth
102 in the Preliminary Assessment Resolution.
103 (B) The method for computing Fire Rescue Assessments described and referenced in
104 the Preliminary Assessment Resolution is hereby approved. The Parcel Apportionment
105 methodology described in Appendix F of the Preliminary Assessment Resolution, and adopted in
106 Section 7 of the Preliminary Assessment Resolution, is hereby approved.
107 (C) For the Fiscal Year beginning October 1, 2015, the estimated net Fire Rescue
108 Assessed Cost to be assessed is $6,542,093.00. The Fire Rescue Assessments to be assessed and
109 apportioned, among benefited parcels pursuant to the Cost Apportionment and Parcel
110 Apportionment to generate the estimated Fire Rescue Assessed Cost for the Fiscal Year
111 commencing October 1, 2015, are hereby confirmed and established as follows:
Property Use Category Rate Per Dwelling Unit
Residential $100.00
Non - Residential Property Use Categories Rate Per Square Foot
Commercial $0.23
Industrial /Warehouse $0.05
Institutional $0.25
Nursing Home $0.25
112
113 (D) The above rates of assessment are hereby approved. Fire Rescue Assessments for
114 fire rescue services, facilities, and programs in the amounts set forth in the Assessment Roll, as
115 herein approved, are hereby levied and imposed on all parcels of Assessed Property described in
116 such Assessment Roll for the Fiscal Year beginning October 1, 2015.
117 (E) As authorized in Section 2.14 of the Ordinance, no Fire Rescue Assessment shall
118 be imposed upon a parcel of Government Property, except as provided in the Preliminary
119 Assessment Resolution, or upon Institutional Use buildings on a parcel of Institutional Property
120 whose building use is wholly exempt from taxation under Florida law.
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121 (F) Any shortfall in the expected Fire Rescue Assessment proceeds due to any
122 reduction or exemption from payment of the Fire Rescue Assessments required by law or
123 authorized by the City Commission shall be supplemented by any legally available funds, or
124 combination of such funds, and shall not be paid for by proceeds or funds derived from the Fire
125 Rescue Assessments.
126 (G) As authorized in Section 2.13 of the Ordinance, interim Fire Rescue Assessments
127 are also levied and imposed against all property for which a Building Permit is issued after
128 adoption of this Annual Rate Resolution based upon the rates of assessment approved herein.
129 (H) Fire Rescue Assessments shall constitute a lien upon the Assessed Property so
130 assessed equal in rank and dignity with the liens of all state, county, district, or municipal taxes
131 and other non -ad valorem assessments. Except as otherwise provided by law, such lien shall be
132 superior in dignity to all other liens, titles and claims, until paid.
133 (I) The Assessment Roll, as herein approved, shall be delivered to the Tax Collector
134 for collection using the tax bill collection method in the manner prescribed by the Ordinance. The
135 Assessment Roll, as delivered to the Tax Collector, shall be accompanied by a Certificate to Non -
136 Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix C.
137 (J) No Emergency Medical Services shall be funded from the Fire Rescue
138 Assessment revenues.
139 SECTION 4. CONFIRMATION OF PRELIMINARY ASSESSMENT
140 RESOLUTION. The Preliminary Assessment Resolution is hereby confirmed.
141 SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this
142 Annual Rate Resolution shall be the final adjudication of the issues presented (including, but not
143 limited to, the determination of special benefit and fair apportionment to the Assessed Property,
(00092448 1 306 - 9001821 )
Page 6 of 13
144 the method of apportionment and assessment, the rate of assessment, the Assessment Roll and the
145 levy and lien of the Fire Rescue Assessments), unless proper steps shall be initiated in a court of
146 competent jurisdiction to secure relief within 20 days from the date of this Annual Rate
147 Resolution.
148 SECTION 6. HARDSHIP WAIVERS OR DEFERRALS.
149 (A) The City Commission of the City of Boynton Beach, Florida hereby continues its
150 program for qualified individuals who need financial assistance to pay all or part of the Fire
151 Rescue Assessment levied on their property or who seek deferral of payment of all or part of the
152 Fire Rescue Assessment on their property.
153 (B) The City's program for financial assistance shall be commonly referred to as
154 H.E.L.P., Hardship Extension Loan Program. The following types of financial assistance are
155 available, based upon need:
156 1. Relief from all payments of an annual Fire Rescue Assessment.
157 2. Relief from a portion of payments of an annual Fire Rescue Assessment.
158
159 3. Deferral of payments of an annual Fire Rescue Assessment.
160 4. Deferral of a portion of payments of an annual Fire Rescue Assessment.
161
162 (C) The following individuals are eligible for financial assistance.
163 1. Residential Property Owners who meet 2015 HHS Poverty Guidelines.
164
165 2. Residential property owners that are exempt from ad valorem taxation
166 pursuant to the following Florida Statutes are eligible to apply for a
167 Hardship Waiver or Deferral:
168
169 a. Section 196.081, Florida Statutes (totally disabled veterans and
170 surviving spouses of veterans);
171
172 b. Section 196.091, Florida Statutes (disabled veterans confined to
173 wheelchairs);
174
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175 c. Section 196.101, Florida Statutes (totally and permanently disabled
176 persons).
177
178 3. Residential Property Owners that qualify for the additional homestead
179 exemption for persons 65 and over authorized pursuant to Section
180 196.075, Florida Statutes are also eligible to apply for the Hardship
181 Waiver.
182
183 4. Residential Property Owners that are qualified under the Florida
184 Homestead Property Tax Deferral Act, Section 197.242, et al., Florida
185 Statutes.
186
187 (D) Eligible Residential Property Owners may submit an application for a Hardship
188 Waiver or Deferral, on a form prepared by the City, with the Finance Department. The
189 Application shall include the following:
190 1. Documentation demonstrating eligibility for the Hardship Waiver or
191 Deferral through one of the criteria from exemptions listed in Section C
192 above;
193
194 2. A copy of the Tax Bill for the subject property;
195 3. Description of the facts and circumstances of the hardship.
196 (E) All Applications for the Hardship Waiver or Deferral must be received by the
197 City's Finance Department on or before October 20 of each year in order to be considered for the
198 currently billed assessment. For example, all Hardship Waiver or Deferral Applications for the
199 Fire Rescue Special Assessment for the Fiscal Year commencing October 1, 2015, must be
200 received on or before October 20, 2015.
201 (F) Once received, all applications shall be reviewed by the City's Finance Director,
202 or his or her designee ( "Reviewing Official "). The Reviewing Official shall review the facts and
203 circumstances to determine whether a hardship exists to warrant a partial or total waiver of the
204 special assessment levied upon the applicant's real property or a deferral of payment of such. The
205 decision of the Reviewing Official is final.
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206 (G) The Reviewing Official shall render a written decision and provide such to the
207 applicant.
208 (H) If a partial or total waiver or deferral is granted by the Reviewing Official, the
209 Finance Director shall ensure appropriate documentation is provided to the Tax Collector as to the
210 revised amount of the assessment as to the applicant.
211 (I) An applicant may apply for a Hardship Waiver as to one property only.
212 (J) An applicant must apply for the Hardship Waiver on an annual basis.
213 (K) A deferral may be granted for no longer than the end of the then current fiscal
214 year.
215 (L) When financial assistance is granted pursuant to the H.E.L.P. program, any
216 shortfall in the expected Fire Rescue Assessment proceeds due to any reduction or exemption
217 from payment of the Fire Rescue Assessments authorized by this Section shall be supplemented
218 by any legally available funds, or combination of such funds, and shall not be paid for by
219 proceeds or funds derived from the Fire Rescue Assessments.
220 SECTION 7. MOBILE HOME VACANCY ADJUSTMENT. As authorized in
221 Section 4(L) of the Preliminary Rate Resolution, there shall be a Mobile Home Vacancy
222 Adjustment procedure for . Mobile Home and Recreational Vehicle Park Property, using the
223 procedures established in Resolution R11 -089. Any shortfall in the expected Fire Rescue
224 Assessment proceeds due to any adjustment for vacancy shall be supplemented by any legally
225 available funds and shall not be paid for by proceeds or funds derived from Fire Rescue
226 Assessments. Failure of the Owner to timely provide the information to the City will result in no
227 Vacancy Adjustment for the special assessment.
{00092448 1 306 - 9001821 )
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228 SECTION 8. CONFLICTS. All resolutions or parts of resolutions in conflict herewith
229 are hereby repealed to the extent of such conflict.
230 SECTION 9. SEVERABILITY. If any clause, section, other part or application of this
231 resolution is held by any Court of competent jurisdiction to be unconstitutional or invalid, in part
232 or application, it shall not affect the validity of the remaining portions or applications of this
233 Resolution.
234 SECTION 10. EFFECTIVE DATE. This Resolution shall become effective
235 immediately upon its passage and adoption.
236 PASSED AND ADOPTED this day of , 2015.
237
238 CITY OF BOYNTON BEACH, FLORIDA
239
240
241 Mayor — Jerry Taylor
242
243 Vice Mayor — Joe Casello
244
245 Commissioner — David T. Merker
246
247 Commissioner — Mack McCray
248
249 Commissioner — Michael M. Fitzpatrick
250
251
252 VOTE
253
254 ATTEST:
255
256
257 Janet M. Prainito, MMC
258 City Clerk
259
260 (Corporate Seal)
261
262
263
264
265
(00092448.1306- 9001821)
Page 10 of 13
YES NO
266
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282
{00092448.1306- 9001821)
APPENDIX A
AFFIDAVIT OF MAILING
Page 11 of 13
AFFIDAVIT OF MAILING
BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere
and Sandi Melgarejo, who, after being duly sworn, depose and say:
1. Lori LaVerriere, as City Manager of the City of Boynton Beach, Florida
( "City "), pursuant to the authority and direction received from the City Commission,
timely directed the preparation of the Assessment Roll and the preparation, mailing, and
publication of notices in accordance with Sections 2.03, 2.04, and 2.05 of Ordinance
No. 08 -071, the Fire Rescue Assessment Ordinance (the "Assessment Ordinance ") in
conformance with the Preliminary Rate Resolution adopted by the City Commission on
July 21, 2015 (the "Preliminary Rate Resolution ") .
2. In accordance with the Assessment Ordinance and Chapter 92 -264, Laws
of Florida, as amended by Chapter 2003 -348, Laws of Florida (collectively, the "Special
Act "), Ms. LaVerriere timely provided all necessary information for notification of the Fire
Rescue Assessment to the Property Appraiser of Palm Beach County to be included as
part of the notice of proposed property taxes under section 200.069, Florida Statutes,
the truth -in- millage notification. The information provided to the Property Appraiser to
be included on the truth -in- millage notification included the following: the Fire Rescue
Assessment rate expressed in dollars and cents per billing unit, the associated Fire
Rescue Assessment amount, and the purpose of the Fire Rescue Assessment.
3. Because the assessment was being levied against newly affected property
owners for the first time for Fiscal Year 2015 -16, additional notice by first class mail to
the Owner of each newly affected parcel of Assessed Property was also required by the
Assessment Ordinance and the Special Act.
4. Sandi Melgarejo is Project Coordinator for GSG. GSG has caused the
additional mailed notices required by Section 2.05 of the Assessment Ordinance to be
prepared in conformance with the Preliminary Rate Resolution. An exemplary form of
such notice is attached hereto. GSG has caused such individual notices for each
affected property owner to be prepared and each notice included the following
information: the purpose of the assessment; the total amount proposed to be levied
against each parcel; the unit of measurement to be applied against each parcel to
determine the assessment; the number of such units contained within each parcel; the
total revenue the City expects to collect by the assessment; a statement that failure to
pay the assessment could result in foreclosure proceedings against the property as well
as the initiation of proceedings to compel payment by any means authorized by law,
including the collection of any delinquent amounts on a subsequent years' tax bill,
which, if not paid, would cause a tax certificate to be issued against the property which
may result in a loss of title; a statement that all affected property owners have a right to
appear at the hearing and to file written objections with the local governing board within
20 days of the notice; and the date, time, and place of the hearing.
5. On or before August 20, 2015, GSG caused the mailing of the above -
referenced notices in accordance with Sections 2.05 of the Assessment Ordinance and
the Preliminary Rate Resolution by First Class Mail to each affected owner, at the
addresses then shown on the real property assessment tax roll database maintained by
the Palm Beach County Property Appraiser for the purpose of the collection of ad
valorem taxes.
FURTHER AFFIANTS SAYETH NOT.
STATE OF FLORIDA
COUNTY OF PALM BEACH COUNTY
0 The foregoin Affidavit of Mailing was sworn to and subscribed before me this
,� n day of _S• X-=,r2015 by Lori LaVerriere, City Manager, City of Boynton
Beach, Florida. he is personally known to me or has produced /JO as
identification and did take an oath.
STATE OF FLORIDA
COUNTY OF LEON
The foreg
day of
Government Services
or has produced
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*: :4 Commission # FF 020546
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Lori LaVerriere, affiant
Sertdi Melgarejo, affiant
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Printed Name:
Notary Public, State of Florida
At Large
My Commission Expires: Tune I;, (.9L1
Commission No.: EEAtl]/0
A idavit •f Mailing was sworn to and subscribed before me this
, 2015 by Sandi Me
oup, Inc., a Florida corporatio
as identification and •'• take
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She is personally kn
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Notary Public, State of Florida
At Large
My Commission Expires:
Commission No.: kG 0; / �
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City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425 -0310
FAHY JAMES T
7760 92ND AVE
VERO BEACH FL 32967 -3773
* * * * * NOTICE TO PROPERTY OWNER * * * * *
Type and Number
Category of Billing Units
RESIDENTIAL 1 Dwelling Units
CITY OF BOYNTON BEACH, FLORIDA
NOTICE OF HEARING TO IMPOSE AND PROVIDE
FOR COLLECTION OF FIRE RESCUE
NON -AD VALOREM ASSESSMENTS
NOTICE DATE: AUGUST 21, 2014
As required by Section 197.3632, Florida Statutes, and City Ordinance No. 08 -017 notice is given by the City of Boynton Beach that an annual
assessment for fire rescue services using the tax bill collection method, may be levied on your property for the fiscal year October 1, 2014 -
September 30, 2015. The City has levied a fire rescue special assessment since 2001 pursuant to Ordinance No. 01 -34, as amended, which
Ordinance sunset on September 30, 2008. The City then adopted Ordinance No. 08 -017 to provide for reenactment of the fire rescue special
assessment within the City commencing with the 2008 -2009 fiscal year. The purpose of this assessment is to fund fire rescue services
benefiting improved property located within the City of Boynton Beach. The total annual fire rescue assessment revenue to be collected within
the City of Boynton Beach is estimated to be $6,542,093. The annual fire rescue assessment is based on the classification of each parcel of
property and number of billing units contained therein.
Total Assessment:
* * * * * THIS IS NOT A BILL * * * **
Tax Parcel #: 08434522130010050
Sequence #: 6062
Legal Description: HARBOUR HALL COND
UNIT 1 - E
Fiscal Year 14 -15
Assessment
$100.00
$100.00
The maximum annual fire rescue services assessment for the above parcel for Fiscal Year 2014 -15 and future fiscal years is $100.00.
A public hearing will be held at 6:00 p.m. on September 11, 2014, in the City Commission Chambers, City Hall, 100 East Boynton Beach
Boulevard, Boynton Beach, Florida for the purpose of receiving public comment on the proposed assessments. You and all other affected
property owners have a right to appear at the hearing and to file written objections with the City Commission within 20 days of this notice. If
you decide to appeal any decision made by the City Commission with respect to any matter considered at the hearing, you will need a record
of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to
be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in
this proceeding should contact the City Clerk's office at (561) 742 -6060, at least three days prior to the date of the hearing.
Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Commission action at
the above hearing (including the method of apportionment, the rate of assessment and the imposition of assessments), such action shall be
the final adjudication of the issues presented.
Copies of the Fire Rescue Assessment Ordinance, the Initial Assessment Resolution, the Preliminary Rate Resolution, and the preliminary
assessment roll are available for inspection at the City Clerk's office in City Hall, located at 100 East Boynton Beach Boulevard, Boynton
Beach, Florida.
Pursuant to Chapter 92 -264, Laws of Florida, as amended by Chapter 2003 -348, Laws of Florida, a special act relating to the County, notice of
the fire rescue assessment imposed by the City shall also be included by the Property Appraiser as part of the notice of proposed property
taxes under Section 200.069, Florida Statutes, the truth -in- millage notification.
Both the fire rescue non -ad valorem assessment amount shown on this notice and the ad valorem taxes for the above parcel will be collected
on the ad valorem tax bill mailed in November. Failure to pay the assessments will cause a tax certificate to be issued against the property
which may result in a loss of title.
If there is a mistake on this notice, it will be corrected. If you have any questions regarding your fire rescue service assessment, please
contact the Finance Department at (561) 742 -6310, Monday through Friday between 8:00 a.m. and 5:00 p.m.
283
284
285
286
287
288
289
290
291
292
(00092448.1 306 - 9001821)
APPENDIX B
PROOF OF PUBLICATION
Page 12 of 13
T11:: Patin Beach lost
REAL NEWS STARTS HERE
C L:CC r D,;ii, I\Jfl;r' .
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION OF FIRE
RESCUE SPECIAL ASSESSMENTS
M,4. is hereby given ha The City (onnisslon at is Chy d Borign b o:h
eel corded a public hewing so consider he ieposnan of annual firs wvaw Nereid
asesrwth for he prwnbn of fin rex.e anon wlhn L. rxnidpol bowedarses of he
City of Boyetm Hods.
Thehearbgwll be at6:0) p. es, on Sepw loo 10, 2015, in toCameisbe
Chambers of City Nall, 100[00 Boyne. IeodbaM.ord, Baysnn heeds, Ronda, fa he
purpose of oot.Msg public cornmeal. the proposed mserreros. MI abxted p`opeety
wren Isow a right to opprr a to Sexing and is Ile written ablation web the Cly
Cannes*. with* 20 dope of IMe notice, 1 a person brides so appeal oey &siege
made by*. Cy ear•lstoo •ith wsp• o w era mans considered a the hexing. such
person veil need a record of he proceedings and may need to envy. that o verbatim
record Is made, hddinp he te0imoey and evidence opal wh pi the upped b b be
modr. In o:cadncs with the Americans wit, Caoble. A:I, persons selling a special
n <enmodalim or on interpreter to paBsipsle In his proceeding Amid cashed ImCy
Cleries Vibe at (361) 7426060, a teal *tee days aria to Ise dale et the learns}
rie o rr set lot cad wail of property w3 be based upon ezh porcdi
davhaatioe and Me total ember d bllisp mes amitnd to that parcel The proposed
Ire resat. awwreM echedle lot Fiscal Year 2013.2016 bargee.
Property Ur Casysary
tendered
rlan .0eidntiol Property llw Categories
Canmemid
idueriolVWaehouse
Miwuttasd
Messing tktee
Cope. d the Rw Rescue Assesrnest Ordnann, the Initial Awwsreeet
Resolution, the Preliminary Rae Resduesn, and Bra Preliminary AWAIMent Rdl are
etalbble 1r iespeikn a the Cy CMrks O0& N Ob Nat, located at 100 Rog Bo nIoe
Beall Bodesad, Sarno. Broils, Fads.
The ire rescue naval glows mourned wel be mlecled on the ad yokel.,
tot bill to be nailed in November 101.3 Feline lope/he msewe»ros will own a 000
cero talt b b bond again) Me prq.emy, which may wwh to a low d tfle
ifyr bee my geelions, pleow coNasb Flame Dep.netdal 156117420310,
Monday itovgh Friday between 8:00 o.rn ad 5:00 p m.
0 City of Boynton Beach
YIN
to OoNol.Md!..yw 14, x+15
Rale Per Dealing Link
3100.00
Bole Per Soprore Foci
30.23
30.03
30.23
30.23
OTY COMMISSION
CITY OF BOYNFON BIACR, FLORIDA
FP s l 111'4 a IO • 0. •
Si 1
AD
n and for the State o Ohio
Sworn to and. •strif =t /1
Who is personally , kriri o
1O
CITY OF BOYNTON BEACH PROOF OF
PUBLICATION STATE OF FLORIDA COUNTY OF
PALM BEACH Before the undersigned authority
personally appeared Andrea Feltner, who on oath
says that she is Call Center Legal Advertising
Representative of The Palm Beach Post, a daily and
Sunday newspaper, published at West Palm Beach
in Palm Beach County, Florida; that the attached
copy of advertising for a Notice was published in said
newspaper on First date of Publication 08/16/2015
and last date of Publication 08/16/2015 Affiant further
says that the said The Post is a newspaper published
at West Palm Beach, in said Palm Beach County,
Florida, and that the said newspaper has heretofore
been continuously published in said Palm Beach
County, Florida, daily and Sunday and has been
entered as second class mail matter at the post office
in West Palm Beach, in said Palm Beach County,
Florida, for a period of one year next preceding the
first publication of the attached copy of advertisement;
and affiant further says that she /he has neither paid
nor promised any person, firm or corporation any
discount rebate, commission or refund for the purpose
of securing this advertisement for publication in
the said newspaper. Also published in Martin and
St. Lucie Counties. NOTICE OF HEARING Ad ID:
883985 Ad Cost: 1,575.00
. 2, 2019
293
294
295 APPENDIX C
296
297 FORM OF CERTIFICATE
298 TO
299 NON -AD VALOREM ASSESSMENT ROLL
300 CERTIFICATE
301 TO
302 NON -AD VALOREM ASSESSMENT ROLL
303
304
305 I HEREBY CERTIFY that I am the Mayor of the City of Boynton Beach, or authorized
306 agent of the City of Boynton Beach, Florida (the "City "); as such, I have satisfied myself that all
307 property included or includable on the non -ad valorem assessment roll for fire rescue services
308 (the "Non -Ad Valorem Assessment Roll ") for the City is properly assessed so far as I have been
309 able to ascertain; and that all required extensions on the above - described roll to show the non -ad
310 valorem assessments attributable to the property listed therein have been made pursuant to law.
311
312 I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection
313 Act, this certificate and the herein described Non -Ad Valorem Assessment Roll will be delivered
314 to the Palm Beach County Tax Collector by September 15, 2015.
315
316 IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be
317 delivered to the Palm Beach County Tax Collector and made part of the above described Non -Ad
318 Valorem Assessment Roll, this day of , 2015.
319
320 CITY OF BOYNTON BEACH, FLORIDA
321
322
323 BY:
324
325 TITLE:
326
327
328 [To be delivered to Palm Beach County Tax Collector by September 15]
(00092448 1 306 - 9001821 )
Page 13 of 13
NAME:
City of Boynton Beach, Florida
Fire Assessment Application for Determination of Eligibility for H.E.L.P.
FISCAL YEAR 2015 -2016
(LAST)
SOCIAL SECURITY NUMBER:
ADDRESS:
(NAME)
(NAME)
(STREET)
APPLICATION DEADLINE OCTOBER 20, 2015
(CITY)
(FIRST)
TELEPHONE #
FOR EACH PERSON WHO RESIDES WITH YOU AT THE ABOVE ADDRESS, LIST THEIR NAME, AGE AND
RELATIONSHIP TO YOU BELOW OR ON AN ATTACHED SHEET, IF NEEDED:
(AGE)
(AGE)
(STATE) (ZIP)
(RELATIONSHIP)
(RELATIONSHIP)
I CERTIFY THAT 1 AM A RESIDENTIAL PROPERTY OWNER AND I MEET ONE (1) OF THE CRITERIA CHECKED
IN THE BOX BELOW FOR WHICH 1 AM REQUESTING ELIGIBILITY FOR H.E.L.P.
(Provide a copy of your 2015 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 (2013 & 2014) Federal Income Tax Returns - AGI)
OR IF YOU DID NOT FILE INCOME TAXES FOR THE 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)
Size of
Family Unit
Poverty
Guideline
1
$ 11,770
2
$ 15,930
3
$ 20,090
4
$ 24,250
5
$ 28,410
6
$ 32,570
7
$ 36,730
8
$ 40,890
For each additional person, add
$ 4,160
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
2015 HHS Povert y Guidelines
Source: Federal Register, Vol. 80, No. 14,
January 22, 2015, pp. 3236 -3237
PLEASE NOTE WHAT INCOME TO INCLUDE
Income used to calculate if you meet poverty
level status includes the following sources:
Wages, unemployment compensation, Social
Security, Supplemental Social Security
Income, public assistance, veterans'
payments, survivor benefits, pension or
retirement income, interest, dividends, rents,
royalties, income from estates, trust,
educational assistance, alimony, child support,
assistance from outside the household, and
other miscellaneous sources.
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 October 20, 2015
➢ The Hardship Waiver will be reviewed by the City's Finance Director or his or her designee (Reviewing
Official).
> Once the Reviewing Official makes a determination, the applicant will be notified in writing of the
Reviewing Official's decision. The decision of the Reviewing Official is final.
PLEASE SIGN AND RETURN THIS COMPLETED APPLICATION, ALONG WITH YOUR 2014 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) 742 -6310
Tax ID Number Legal Description
Name of Park
STATE OF
COUNTY OF
Affiant
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, 2014 to December 31, 2014:
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 for the fiscal year commencing October 1, 2015.
Signature
Print Name
Telephone Number
The foregoing instrument was acknowledged before me this day of , 2015, by
, who is personally known to me or who has produced as
identification and who did (did not) take an oath.
(Notary Seal)
CITY OF BOYNTON BEACH
MOBILE HOME PARK VACANCY RATE AFFIDAVIT
THIS AFFIDAVIT IS FOR MOBILE HOME SPACES ONLY
DO NOT INCLUDE RV SPACES
Notary Public Signature
Print Name
My Commission Expires:
MOBILE HOME PARK VACANCY RATE WORKSHEET
EXACT NUMBER OF PERMITTED SITES WITHIN THE PARK A
(NOT INCLUDING OVERFLOW AREAS)
TIMES (X) DAYS IN THE REPORTING PERIOD
TOTAL POSSIBLE SPACE NIGHTS
A X B = C (EXAMPLE: 100 SITES X 365 DAYS = 36,500)
ACTUAL SPACE NIGHTS D
SUM OF NUMBER OF ACTUAL OCCUPIED SPACES FOR EACH DAY IN CALENDAR YEAR
(X365) B
C
OCCUPANCY PERCENTAGE E
D/C = E (EXAMPLE: 12,500/36,500 = 34.2 %)
VACANCY RATE F
SUBTRACT E FROM 100% (EXAMPLE: 100% - 34.2% = 65.8 %)