Agenda 09-13-16The City of
Boynton Beach
City Commission Agenda
Tuesday, September 13, 2016, 6:00 PM
Commission Chambers
100 E. Boynton Beach Blvd., Boynton Beach, FL 33435
Special City Commission Meeting to Adopt the Final Fire Assessment
Boynton Beach City Commission
Mayor Steven B. Grant (At Large)
Vice Mayor Mack McCray (District 11)
Commissioner Justin Katz (District 1)
Commissioner Christina L. Romelus (District III)
Commissioner Joe Casello (District IV)
Lori LaVerriere, City Manager
James Cherof, City Attorney
Judith A. Pyle, Interim City Clerk
*MISSION*
To create a sustainable community by providing exceptional
municipal services, in a financially responsible manner.
www. boynton- beach. org
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WELCOME
Thank you for attending the City Commission Meeting
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 - Mayor Steven B. Grant
Invocation: Chaplain Brannon, Fire Department
Pledge of Allegiance to the Flag led by Commissioner Christina Romelus
ROLL CALL
Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
2. OTHER
3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
4. PUBLIC AUDIENCE
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of
the Chair, this 3 minute allowance may need to be adjusted depending on the level of business
coming before the City Commission)
5. ADMINISTRATIVE
6. CONSENT AGENDA
Matters in this section of the Agenda are proposed and recommended by the City Manager for
"Consent Agenda" approval of the action indicated in each item, with all of the accompanying
material to become a part of the Public Record and subject to staff comments
7. BIDS AND PURCHASES OVER $100,000 - None
8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None
9. PUBLIC HEARING
7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local Planning
Agency and City Commission.
A. Conduct a Public Hearing to adopt the Final Assessment Resolution for the FY 2016-2017 Fire
Assessment. PROPOSED RESOLUTION NO. R16-114
10. CITY MANAGER'S REPORT - None
11. UNFINISHED BUSINESS - None
12. NEW BUSINESS - None
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13. COMMUNITY REDEVELOPMENT ADVISORY BOARD -None
14. LEGAL - None
15. FUTURE AGENDA ITEMS -None
16. ADJOURNMENT
NOTICE
1F APER.SON DECIDES TOAPPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED
AT THIS MEETING, HE/SHE WILL NEED ARECORD OF THE PROCEEDINGSAND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDING 1S MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON
WHICH THEAPPEAL 1S TO BE BASED. (F.S. 286.0105)
THE CITY SHALL FURNISH APPROPRIATEAUXII.IARYAIDSAND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL W1THA
DISABILITYAN EQUAL OPPORTUNITY TO PARTICIPATE 1N AND ENJOY THE BENEFITS OFA SERVICE, PROGRAM, ORACTWITY
CONDUCTED BY THE CITY PLEASE CONTACT THE CITY CLERK'S OFFICE, (561) 742-6060 OR (TTY)1-800-955-8771, AT LEAST 48 HOURS
PRIOR TO THE PROGRAM ORACTIVITY 1N ORDER FOR THE CITY TO REA.SONABLYACCOMMODATE YOUR REQUEST.
ADD1TIONALAGENDAITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THECITY'S WEB SITE.
INFORMATION REGARDING 1TEMSADDED TO THEAGENDAAFTER 1T 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED
FROM THE OFFICE OF THE CITY CLERK.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 9/13/2016
REQUESTED ACTION BY COMMISSION:
Call to Order - Mayor Steven B. Grant
Invocation: Chaplain Brannon, Fire Department
Pledge of Allegiance to the Flag led by Commissioner Christina Romelus
ROLL CALL
Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
EXPLANATION OF REQUEST:
HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES?
FISCAL IMPACT. Non -budgeted
ALTERNATIVES:
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION:
Is this a grant? No
Grant Amount:
REVIEWERS:
1.A.
OPENING ITEMS
9/13/2016
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Department Reviewer Action Date
City Clerk Stanzione, Tammy Approved 9/9/2016 - 9:66 AM
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We -
PUBLIC HEARING
9/13/2016
CITY
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
COMMISSION MEETING DATE: 9/13/2016
REQUESTED ACTION BY COMMISSION: Conduct a Public Hearing to adopt the Final Assessment
Resolution for the FY 2016-2017 Fire Assessment. PROPOSED RESOLUTION NO. R16-114
EXPLANATION OF REQUEST:
On July 19, 2016, the City Commission adopted Resolution No. R16-093 to continue the Fire Assessment
Program for FY 2016-2017.
On August 14, 2016, 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. Budgeted
For Fiscal Year 2016-17, 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
1.4095 to raise the same amount of revenue to the City.
The Fire Rescue Assessments to be assessed and apportioned among benefitted property parcels follow.
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Proposed FY 16/17
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 ma)amum of 77,001 square foot cap on non-residential buildings.
Current 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 ma)amum of 77,001 square foot cap on non-residential buildings.
The above rates for FY 16/17 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
STRATEGIC PLAN:
STRATEGIC PLAN APPLICATION:
CLIMATE ACTION: No
CLIMATE ACTION DISCUSSION:
Is this a grant? No
Grant Amount:
ATTACHMENTS:
Type
Resolution
REVIEWERS:
Description
Fire Assessment Resolution
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Department
Reviewer
Action
Date
Finance
Howard, Tim
Approved
8/30/2016 - 10:41 AM
Legal
Swanson, Lynn
Approved
8/31/2016 - 10:43 AM
Finance
Howard, Tim
Approved
9/6/2016 - 8:32 AM
City Manager
LaVerriere, Lori
Approved
9/8/2016 - 10:51 AM
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100147438.1 306-90018211
CITY OF BOYNTON BEACH, FLORIDA
ANNUAL ASSESSMENT RESOLUTION
ADOPTED SEPTEMBER 13, 2016
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RESOLUTION NO. R16 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, RELATING TO THE PROVISION OF
FIRE RESCUE SERVICES, FACILITIES, AND PROGRAMS IN THE
CITY OF BOYNTON BEACH, FLORIDA; IMPOSING FIRE RESCUE
ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN
THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2016;
APPROVING THE RATE OF ASSESSMENT; APPROVING THE
ASSESSMENT ROLL; CONFIRMING AND CONTINUING A
PROCEDURE FOR HARDSHIP WAIVERS OR DEFERRALS OF ALL OR
PART OF THE CITY'S FIRE RESCUE SPECIAL ASSESSMENT
INCLUDING APPLICATION AND REVIEW BY THE CITY'S FINANCE
DIRECTOR OR DESIGNEE, AND ELIGIBILITY CRITERIA FOR SUCH
WAIVERS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of Boynton Beach, Florida (the "City Commission"),
has enacted Ordinance No. 08-017 (the "Ordinance"), which authorizes the imposition of Fire
Rescue Assessments each Fiscal Year for the fire rescue services, facilities, and programs against
Assessed Property located within the City; and
WHEREAS, the imposition of a Fire Rescue Assessment for fire rescue services,
facilities, and programs each fiscal year is an equitable and efficient method of allocating and
apportioning the Fire Rescue Assessed Cost among parcels of Assessed Property; and
WHEREAS, the City Commission desires to continue a Fire Rescue Assessment
program and impose a Fire Rescue Assessment in the City using the procedures provided by the
Ordinance, including the tax bill collection method, for the Fiscal Year beginning on October 1,
2016; and
WHEREAS, the City Commission, on July 1, 2008, adopted Resolution No. R08-076
(the "Initial Assessment Resolution"); and
WHEREAS, the City Commission, on July 19, 2016, adopted Resolution No. R16-093
(the "Preliminary Assessment Resolution"), which set forth the preliminary assessment rates for
100147438.1 306-90018211
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I Fiscal Year 2016-17, and which contains and references a brief and general description of the fire
2 rescue services, facilities, and programs to be provided to Assessed Property; describes the
3 method of apportioning the Fire Rescue Assessed Cost to compute the Fire Rescue Assessment
4 for fire rescue services, facilities, and programs against Assessed Property; confirmed the rates of
5 assessment; and directs the updating and preparation of the Assessment Roll and provision of the
6 notice required by the Ordinance; and
7 WHEREAS, in order to impose Fire Rescue Assessments for the Fiscal Year beginning
8 October 1, 2016, the Ordinance requires the City Commission to adopt an Annual Rate
9 Assessment Resolution, which confirms and establishes the rates of assessment, and approves the
10 Assessment Roll for the upcoming Fiscal Year, with such amendments as the City Commission
11 deems appropriate, after hearing comments and objections of all interested parties; and
12 WHEREAS, the Assessment Roll has heretofore been made available for inspection by
13 the public, as required by the Ordinance; and
14 WHEREAS, notice of a public hearing has been published and mailed, as required by the
15 terms of the Ordinance. An Affidavit of Mailing is attached hereto as Appendix A and the Proof
16 of Publication is attached hereto as Appendix B; and
17 WHEREAS, the City Commission recognizes that the special assessment may work a
18 hardship on certain residential property owners in the City, and desires to continue to provide a
19 means whereby affected property owners may request a total or partial waiver of the special
20 assessment for hardship; and
21 WHEREAS, a public hearing was held on September 13, 2016, and comments and
22 objections of all interested persons have been heard and considered as required by the terms of the
23 Ordinance.
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I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
2 CITY OF BOYNTON BEACH, FLORIDA THAT:
3
4 SECTION 1. AUTHORITY. This resolution is adopted pursuant to Ordinance No. 08-
5 017; Resolution No. R08-076; Resolution No. R16-093; Article VIII, Section 2, Florida
6 Constitution; Sections 166.021 and 166.041, Florida Statutes; and other applicable provisions of
7 law.
8 SECTION 2. DEFINITIONS AND INTERPRETATION. This resolution constitutes
9 the Annual Rate Resolution as defined in the Ordinance. All capitalized words and terms not
10 otherwise defined herein shall have the meanings set forth in the Ordinance, the Initial
11 Assessment Resolution and the Preliminary Assessment Resolution.
12 SECTION 3. IMPOSITION OF FIRE RESCUE ASSESSMENTS.
13 (A) The parcels of Assessed Property described in the Assessment Roll, which is
14 hereby approved, are hereby found to be specially benefited by the provision of the fire rescue
15 services, facilities, and programs described or referenced in the Preliminary Assessment
16 Resolution, in the amount of the Fire Rescue Assessment set forth in the Assessment Roll, a copy
17 of which was present or available for inspection at the above referenced public hearing and is
18 incorporated herein by reference. It is hereby ascertained, determined, and declared that each
19 parcel of Assessed Property within the City will be specially benefited by the City's provision of
20 fire rescue services, facilities, and programs in an amount not less than the Fire Rescue
21 Assessment for such parcel, computed in the manner set forth in the Preliminary Assessment
22 Resolution. Adoption of this Annual Rate Resolution constitutes a legislative determination that
23 all parcels assessed derive a special benefit in a manner consistent with the legislative
24 declarations, determinations and findings as set forth in the Ordinance, the Preliminary
25 Assessment Resolution, and this Annual Rate Resolution from the fire rescue services, facilities,
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I or programs to be provided and a legislative determination that the Fire Rescue Assessments are
2 fairly and reasonably apportioned among the properties that receive the special benefit as set forth
3 in the Preliminary Assessment Resolution.
4 (B) The method for computing Fire Rescue Assessments described and referenced in
5 the Preliminary Assessment Resolution is hereby approved. The Parcel Apportionment
6 methodology described in Appendix F of the Preliminary Assessment Resolution, and adopted in
7 Section 7 of the Preliminary Assessment Resolution, is hereby approved.
8 (C) For the Fiscal Year beginning October 1, 2016, the estimated net Fire Rescue
9 Assessed Cost to be assessed is $6,542,093.00. The Fire Rescue Assessments to be assessed and
10 apportioned among benefited parcels pursuant to the Cost Apportionment and Parcel
11 Apportionment to generate the estimated Fire Rescue Assessed Cost for the Fiscal Year
12 commencing October 1, 2016, 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
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14 (D) The above rates of assessment are hereby approved. Fire Rescue Assessments for
15 fire rescue services, facilities, and programs in the amounts set forth in the Assessment Roll, as
16 herein approved, are hereby levied and imposed on all parcels of Assessed Property described in
17 such Assessment Roll for the Fiscal Year beginning October 1, 2016.
18 (E) As authorized in Section 2.14 of the Ordinance, no Fire Rescue Assessment shall
19 be imposed upon a parcel of Government Property, except as provided in the Preliminary
20 Assessment Resolution, or upon Institutional Use buildings on a parcel of Institutional Property
21 whose building use is wholly exempt from taxation under Florida law.
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I (F) Any shortfall in the expected Fire Rescue Assessment proceeds due to any
2 reduction or exemption from payment of the Fire Rescue Assessments required by law or
3 authorized by the City Commission shall be supplemented by any legally available funds, or
4 combination of such funds, and shall not be paid for by proceeds or funds derived from the Fire
5 Rescue Assessments.
6 (G) As authorized in Section 2.13 of the Ordinance, interim Fire Rescue Assessments
7 are also levied and imposed against all property for which a Building Permit is issued after
8 adoption of this Annual Rate Resolution based upon the rates of assessment approved herein.
9 (H) Fire Rescue Assessments shall constitute a lien upon the Assessed Property so
10 assessed equal in rank and dignity with the liens of all state, county, district, or municipal taxes
11 and other non -ad valorem assessments. Except as otherwise provided by law, such lien shall be
12 superior in dignity to all other liens, titles and claims, until paid.
13 (I) The Assessment Roll, as herein approved, shall be delivered to the Tax Collector
14 for collection using the tax bill collection method in the manner prescribed by the Ordinance. The
15 Assessment Roll, as delivered to the Tax Collector, shall be accompanied by a Certificate to Non -
16 Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix C.
17 (J) No Emergency Medical Services shall be funded from the Fire Rescue
18 Assessment revenues.
19 SECTION 4. CONFIRMATION OF PRELIMINARY ASSESSMENT
20 RESOLUTION. The Preliminary Assessment Resolution is hereby confirmed.
21 SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this
22 Annual Rate Resolution shall be the final adjudication of the issues presented (including, but not
23 limited to, the determination of special benefit and fair apportionment to the Assessed Property,
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I the method of apportionment and assessment, the rate of assessment, the Assessment Roll and the
2 levy and lien of the Fire Rescue Assessments), unless proper steps shall be initiated in a court of
3 competent jurisdiction to secure relief within 20 days from the date of this Annual Rate
4 Resolution.
5 SECTION 6. HARDSHIP WAIVERS OR DEFERRALS.
6 (A) The City Commission of the City of Boynton Beach, Florida hereby continues its
7 program for qualified individuals who need financial assistance to pay all or part of the Fire
8 Rescue Assessment levied on their property or who seek deferral of payment of all or part of the
9 Fire Rescue Assessment on their property.
10 (B) The City's program for financial assistance shall be commonly referred to as
11 H.E.L.P., Hardship Extension Loan Program. The following types of financial assistance are
12 available, based upon need:
13 1. Relief from all payments of an annual Fire Rescue Assessment.
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2. Relief from a portion of payments of an annual Fire Rescue Assessment.
3. Deferral of payments of an annual Fire Rescue Assessment.
4. Deferral of a portion of payments of an annual Fire Rescue Assessment.
(C) The following individuals are eligible for financial assistance.
1. Residential Property Owners who meet 2016 HHS Poverty Guidelines.
100147438.1 306-90018211
2. Residential property owners that are exempt from ad valorem taxation
pursuant to the following Florida Statutes are eligible to apply for a
Hardship Waiver or Deferral:
a. Section 196.081, Florida Statutes (totally disabled veterans and
surviving spouses of veterans);
b. Section 196.091, Florida Statutes (disabled veterans confined to
wheelchairs);
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I C. Section 196.101, Florida Statutes (totally and permanently disabled
2 persons).
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4 3. Residential Property Owners that qualify for the additional homestead
5 exemption for persons 65 and over authorized pursuant to Section
6 196.075, Florida Statutes are also eligible to apply for the Hardship
7 Waiver.
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9 4. Residential Property Owners that are qualified under the Florida
10 Homestead Property Tax Deferral Act, Section 197.242, et al., Florida
11 Statutes.
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13 (D) Eligible Residential Property Owners may submit an application for a Hardship
14 Waiver or Deferral, on a form prepared by the City, with the Finance Department. The
15 Application shall include the following
16 1. Documentation demonstrating eligibility for the Hardship Waiver or
17 Deferral through one of the criteria from exemptions listed in Section C
18 above;
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20 2. A copy of the Tax Bill for the subject property;
21 3. Description of the facts and circumstances of the hardship.
22 (E) All Applications for the Hardship Waiver or Deferral must be received by the
23 City's Finance Department on or before October 18 of each year in order to be considered for the
24 currently billed assessment. For example, all Hardship Waiver or Deferral Applications for the
25 Fire Rescue Special Assessment for the Fiscal Year commencing October 1, 2016, must be
26 received on or before October 18, 2016.
27 (F) Once received, all applications shall be reviewed by the City's Finance Director,
28 or his or her designee ("Reviewing Official"). The Reviewing Official shall review the facts and
29 circumstances to determine whether a hardship exists to warrant a partial or total waiver of the
30 special assessment levied upon the applicant's real property or a deferral of payment of such. The
31 decision of the Reviewing Official is final.
100147438.1 306-90018211
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I (G) The Reviewing Official shall render a written decision and provide such to the
2 applicant.
3 (H) If a partial or total waiver or deferral is granted by the Reviewing Official, the
4 Finance Director shall ensure appropriate documentation is provided to the Tax Collector as to the
5 revised amount of the assessment as to the applicant.
6 (I) An applicant may apply for a Hardship Waiver as to one property only.
7 (J) An applicant must apply for the Hardship Waiver on an annual basis.
8 (K) A deferral may be granted for no longer than the end of the then current fiscal
9 year.
10 (L) When financial assistance is granted pursuant to the H.E.L.P. program, any
11 shortfall in the expected Fire Rescue Assessment proceeds due to any reduction or exemption
12 from payment of the Fire Rescue Assessments authorized by this Section shall be supplemented
13 by any legally available funds, or combination of such funds, and shall not be paid for by
14 proceeds or funds derived from the Fire Rescue Assessments.
15 SECTION 7. MOBILE HOME VACANCY ADJUSTMENT. As authorized in
16 Section 5(L) of the Preliminary Rate Resolution, there shall be a Mobile Home Vacancy
17 Adjustment procedure for Mobile Home and Recreational Vehicle Park Property, using the
18 procedures established in Resolution R11-089. Any shortfall in the expected Fire Rescue
19 Assessment proceeds due to any adjustment for vacancy shall be supplemented by any legally
20 available funds and shall not be paid for by proceeds or funds derived from Fire Rescue
21 Assessments. Failure of the Owner to timely provide the information to the City will result in no
22 Vacancy Adjustment for the special assessment.
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I SECTION 8. CONFLICTS. All resolutions or parts of resolutions in conflict herewith
2 are hereby repealed to the extent of such conflict.
3 SECTION 9. SEVERABILITY. If any clause, section, other part or application of this
4 resolution is held by any Court of competent jurisdiction to be unconstitutional or invalid, in part
5 or application, it shall not affect the validity of the remaining portions or applications of this
6 Resolution.
7 SECTION 10. EFFECTIVE DATE. This Resolution shall become effective
8 immediately upon its passage and adoption.
9 PASSED AND ADOPTED this day of September 2016.
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CITY OF BOYNTON BEACH, FLORIDA
Mayor — Steven B. Grant
Vice Mayor — Mack McCray
Commissioner — Justin Katz
Commissioner — Christina Romelus
Commissioner — Joe Casello
ATTEST:
Judith A. Pyle, CMC
Interim City Clerk
(Corporate Seal)
100147438.1 306-90018211
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YES
NO
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APPENDIX A
AFFIDAVIT OF MAILING
{00147438.1306-9001821} Page 11 of 13
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01-11YUK012 IT, El 14 [NC
BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere
and Sandi Melgarejo, who, after being duly sworn, depose and say:
1 i, 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 19, 2016 (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 2016-17, additional notice by first class mail to
the Owner of each newly affected parcel of Assessed Property was also required by the
Page 21 of 31
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 19, 2016, 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
nkR.�Wf�: !ty
the Palm Beach County Property Appraiser for the purpose of the collection of ad
valorem taxes.
Page 22 of 31
Lod LaVerriere, affiant
Sandi Melgarejoy aff is
The foregoing Affidavit of Mailing was sworn to and subscribed before me thi--
day of 6 ijt -%ia
.-, 2016 by Lori LaVerriere, City Manager, City of Boyntor
Beach, Florida. Sh6 i's personally known to me or has-prorduced a.3
d�-take-an-oath-.
L"i
1:11111 to] VIO Lei ft I dirimmffkV5 Rl I its IUT TRT -11117-7791 11SCON71 it's
Page 23 of 31
City of Boynton
P.O. Box,
BoXnton33425-0310
CUNNINGHAM JASON A &
CUNNINGHAM ANGELIC D
3885 ASPEN LEAF DR
BOYNTON BEACH FL 33436-1713
CITY OF BOYNTON BEACH, FLORIDA
NOTICE OF !IMPOSE AND PROVIDE
FOR COLLECTION OF
NON -AD VALOREM
Tax Parcel #: 08434507220000020
Sequence #: 45
Legai Description: ASPEN GLEN PUD
*****NOTICE TO PROPERTY OWNER*****
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, 2016 - September 30, 2017. 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.
Type and Number Fiscal Year 16-17
Category of Billing Unitss __
Residential 1 Dwelling Unit(s) $100.00
Total Assessment:
The maximum annual fire rescue services assessment that can be imposed without further notice for the above parcel for Fiscal
Year 2016-17 and future fiscal years is $100.00.
A public hearing will be held at 6:00 p.m. on September 13, 2016, 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.
lroll f1lt ]IIS
Page 24 of 31
5 APPENDIX B
7 PROOF OF PUBLICATION
10
{00147438.1306-9001821} Page 12 of 13
Page 25 of 31
The Palm Beach Post
Palm Beach Daily News ideabar
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION OF FIRE
RESCUE SPECIAL ASSESSMENTS
Woliw is hereby givm hot he Gtf Carmimim of dw Gy of Bo,ngm Beach
wA modal a pu61k hewing to aonsder dee k poddm d aawd Bre meals spoil
®msneabe f.,*. proriabn d Bm rescue mr.iaea wih.i dee muricipol bomdaris of he
Coy of Bo)n" Bend1,
the hewrngwil be held d6�Op.m, m Sepftmber 13, 2016, n 0-eC-4.iwt
0lmsr6ms d Gy Hol,100 Eab Basm1w18-chBasdewrd, Bwd. Beads, Flwrdo, far"
''.... pWpm of w-" public mnnea t mdse propoed aab•smrh. AI oRecmd popery
owmere here a right to apps« d dre heoring ord b Fde wft. abpcdons with Lha City
Cmimiedwr wdhft M day. d dda nof- d a perm deddee b upped ony deasicn
''.... made by dre Cay Catmnisim wish raged b &W nwder oxo deed at the hewing, such
''..., pecan A need a —d of he pwnedinga ud —y —d b snare ha a wxbadm
''.... —d m made, inductingA
ds my orad auictereoe Wan .Reich he aped is b be
mode. h acmrdv wfh d»Arwicans wih DNsab"w Ad, pe needng a spedd
''.... ammsetwd om or m i twpMwto par%gmb m this praeedng stndd mnftd dse Cry
oerks Office o (45611742-6060, a1 lend dxee dWs prior 1. dr doe of the hearing.
11w ameeen w for sada p-1 c3 pmpedy will be hosed upon --h p--ft
4--o m6on and the told numbs d 606N unik abibee.dto Ibm poral, l6e proposed
(re msaae aseeaAry sdredde for Fsd Year2016-2017 riai (slows:
Prop" Um Cdepury ..Rabe Per D -&v Ung
300-00
Cawsann®cro➢ .. .7023
gw3J'"Mxrd+caie 70.05
tierdulekaad'. 7025
l4� 7025
Copws of fie Fins Reeaw Aewmlmt Ordemnae, dse InmM Aseem W
Reaahfim, fm Pnhmmy Raft R..km-, orad ds Preliminary A.—ft Rd1 are ''....
—d.bie hsr ".dm w the City darks OfP— m Cly Hdl, locaftd m 100 East Bgrewi '...,.
Beach Bouhlsad, BoyO-Bench, Florid..
lbs lm ruscua: m" oatiaswn wA br cn die ad 4rware
Imc bA 10 be mWd m Nowsmber 2016. Failure b pay the asmsmerbswil mum a tax
—kft as m be ural eW.Ftdae prapery, whirl may meds b a los of ride
d 1— hwe ww q�,W—, *— aafd he Firem® D past w
(561) 7426310, MmdW 4-4 Aidoy beeeea,r 8:00 a.m- amd 5.00 p.m.
• City of Boynton Beach
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wenn« � i is
CRT COMMISiON
CRY OF BOYNION BEACH, ROMA
Pahilre Porn eearh%.AA, . 1A 2016
P
Signed p
y r
Sworn to and subscribed before 08/16/2016.
Who is personally known to me.
CITY OF BOYNTON BEACH PROOF OF
PUBLICATION STATE OF FLORIDA COUNTY OF
PALM BEACH Before the undersigned authority
personally appeared Rosemary Hindmarch, 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 08/14/2016
and last date of Publication 08/14/2016 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 TO IMPOSE
Ad ID: 1233914 Ad Cost: 1,575.00
rtrrrt:. PORI S, FOSTER
Notuy_Pubft - Sto of iiofida
Commission • FF 90265
x�insMy26 20z.
Wry Comm. E a
i firtlsst _ -
Page 26 of 31
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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, 2016.
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 , 2016.
CITY OF BOYNTON BEACH, FLORIDA
TITLE:
[To be delivered to Palm Beach County Tax Collector by September 15]
100147438.1 306-90018211
Page 13 of 13
Page 27 of 31
NAME:
City of Boynton Beach, Florida
Fire Assessment Application for Determination of Eligibility for H.E.L.P.
FISCAL YEAR 2016-2017
(LAST)
APPLICATION DEADLINE OCTOBER 18, 2016
SOCIAL SECURITY NUMBER:
ADDRESS:
(STREET)
(FIRST)
- TELEPHONE #
(CITY) (STATE) (ZIP)
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:
(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 2016 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.)
LJ 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.
LJ 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
LJ 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)
LJ I am a disabled veteran confined to a wheelchair AND I am exempt from ad valorem taxes pursuant to
Florida Statutes Section 196.091.
(Provide copy of disability letter from the government or a physician)
LJ 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)
LJ 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 (2014 & 2015) 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)
Page 28 of 31
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
2016 HHS PovertyGuidelines PLEASE NOTE WHAT INCOME TO INCLUDE
Size of Poverty
Family Unit Guideline
Income used to calculate if you meet poverty
level status includes the following sources:
Source: Federal Register, Vol. 81, No. 15,
January 25, 2016, pp. 4036-4037
CITY REVIEW PROCESS:
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.
➢ 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 18, 2016
➢ 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 2016 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
Page 29 of 31
1
$ 11,880
2
$ 16,220
3
$ 20,160
4
$ 24,300
5
$ 28,440
6
$ 32,580
7
$ 36,730
8
$ 40,890
For each additional person, add
$ 4,160
Source: Federal Register, Vol. 81, No. 15,
January 25, 2016, pp. 4036-4037
CITY REVIEW PROCESS:
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.
➢ 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 18, 2016
➢ 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 2016 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
Page 29 of 31
Tax ID Number
Naive of Park
STATE OF
COUNTY OF
CITY OF BOYNTON BEACH
MOBILE HOME PARK VACANCY RATE AFFIDAVIT
THIS AFFIDAVIT IS FOR MOBILE HOME SPACES ONLY
DO NOT INCLUDE RV SPACES
Legal Description
BEFORE ME, the undersigned authority, personally appeared
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.
so, after being duly
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, 2015 to December 31, 2015:
Mobile Home Spaces
Vacant Spaces
Vacancy Rate
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, 2016.
Affiant
Signature
Print Name
Telephone Number
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of 2016, 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 Coimmission Expires:
Page 30 of 31
MOBILE HOME PARK VACANCY RATE WORKSHEET
EXACT NUMBER OF PERMITTED SITES WITHIN THE PARK
(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)
V
(X365) B
ACTUAL SPACE NIGHTS
SUM OF NUMBER OF ACTUAL OCCUPIED SPACES FOR EACH DAY IN CALENDAR YEAR
OCCUPANCY PERCENTAGE
D/C = E (EXAMPLE: 12,500/36,500 = 34.2%)
VACANCY RATE
SUBTRACT E FROM 100% (EXAMPLE: 100% - 34.2% = 65.8%)
A
u
E
F
Page 31 of 31