Agenda 09-12-02CITY OF BO YNTON BEA CH
SPECI~AL cTrY COMM[SSIION MEETi[NG TO ADOPT FI~NAL ANNUAL RATE
RESOLUTI~ON FOR FIRE RESCUE ASSESSMENT
September 12, 2002
6:30 P.M.
II.
III.
IV.
V.
VI.
Call to Order
Presentation of Proposed Resolution No. R02-155
Staff Overview
Public Hearing
Commission Action - Approval of Annual Rate Resolution for Fire Assessment
Adjournment
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MA'n'ER 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 C]TY SHALL FURNISH APPROPR]ATE AUXILIARY AiDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WiTH A DISABILITY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFI'T5 OF A SERVICE~, PROGRAM~, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT JOYCE COSTELLO, (56~) 742-6013 AT LEAST q~NENTY-FOUR HOURS PR]OR TO THE PROGRAM OR A~ IN ORDER FOR THE
CI'rY TO REASONABLY ACCOMMODATE YOUR REQUEST.
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S:\CC\WP~CCAGENDA~GENDASWEAR 2002\091202 SPECIAL MEETING.DOC
Requested City Commission
Meeting Dates
[] August 6, 2002
[] August 20, 2002
[] September 3, 2002
[] September 17, 2002
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to City Clerk's Office
July 17, 2002 (5:00 p.m.)
August 5, 2002 (Noon)
August 19, 2002 (Noon)
September 3, 2002 (8:00 a.m.)
Requested City Commission
Meeting Dates
[] October 1,2002
[] October 15, 2002
[] November 6, 2002
[] November 19, 2002
Date Final Form Must be Turned
in to City Clerk's Office
September 16, 2002 (Noon)
September 30, 2002 (Noon)
October 14, 2002 (Noon)
November 5, 2002 (Noon)
NATURE OF
AGENDA ITEM
[] Administrative
[] Consent Agenda
[] Public Hearing
[] Bids
[] Announcement
[] City Manager's Report
[] Development Plans
[] New Business
[] Legal
[] Unfinished Business
[] Presentation
For Special City Commission Meeting of September 12, 2002
RECOMMENDATION: Special City Commission Public Hearing September 12, 2002 to consider final rate resolution for
2002-03 Fire Assessment Program. Consider adopting proposed resolution with modifications, if appropriate, at conclusion
of public hearing.
EXPLANATION: City Commission discussed draft rates for 2002-03 Fire Assessment and authorized tentative rates that
are included in the f'mal Fire Assessment resolution attached hereto. The Commission action was approved at the meeting of
July 2, 2002 (excerpt of minutes attached). Previously, staff prepared a report concerning the tiered vs. sq. ft. rates for non-
residential properties. The City Commission concluded that the tiered rate system should continue for 2002-03.
PROGRAM IMPACT: Provides funding for Fire Station improvements.
FISCAL IMPACT: The second year of Fire Assessment projects a reduction in costs to all property categories of non-
residential properties. Single-family Fire Assessment is projected to stay at $70, while the multi-family rates are expected to
be reduced slightly.
ALTERNATIVES: Capital construction funds would need to be obtained through borrowing. The alternatives also
include suspension of the program and community acceptance of a 7-10 minute fire response. Operating funds are not
currerltly available to cover the cost of hiring and equipping Fire personnel fo{ Station g4.
Department Head's Signature - - Ci~"~'~gSr s Signature
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC
Excerpt from 3uly 2, 2002 City Commission Meetinq reqardinq
Fire Assessment
1. Proposed Resolution No. R02-114 Re: Preliminary Fire
Assessment Resolution
Mr. Bressner reported that this is the continuation process for the Fire Assessment for
Boynton Beach. The City Commission authorized the imposition of a Fire Assessment
Program last year for a seven-year period. 2002-2003 is the second year of the
Program, which will be reviewed by the Commission each year. The Commission will
determine the rate of the assessment based on the type of the property served by Fire
Services.
There are two resolutions for consideration. The first is a tiered-rate system for non-
residential properties and a per unit rate for residential property, which is the same as
last year. All proposed rates are lower except for single family, which would remain at
$70. The second rate system being proposed is a square footage charge for non-
residential properties and a per unit rate for residential properties. This year the
County, as opposed to the City, will perform the billing. The City Commission is being
requested to approve one of the rate systems. Once approved, it would become the
tentative rate and property owners will receive notice in late August from the County
showing them what their tentative rate would be.
A Public Hearing for the final rate will be conducted on September 12, 2002 and once
the rate is determined, the County would be notified so that the rate could be included
in the County tax bills that are sent out to property owners.
Mr. Herb Suss requested that the Commission support the Fire Assessment Program
and felt there was a need for four fire stations in the City to better serve all citizens.
Commissioner Fisher was not in favor of the square footage system because many
businesses would pay more. Mr. Bressner responded that staff is recommending that
the City remain with the tier system. Commissioner Fisher noted that since the rates do
not have to be set until September, he would like to see the rates reduced.
Commissioner McCray said he was in favor of the tier system and reminded the
Commission that litigation is still pending.
Commissioner Ferguson also would like to keep the tier system, but he has a significant
problem with the amount of the assessment and would like to see it cut in half. He
would like reconsideration given to relocating the fire station to the northeast quadrant
of the City.
Mayor Broening favored the Fire Assessment. He would also like to see the rates
lowered if the opportunity arose.
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, Florida
3uly 2, 2002
City Attorney Cherof read Proposed Resolution 02-114 that adopts the
tiered system by title only.
City Attorney Cherof announced that the Resolution provides for a Public Hearing on
September 12, 2002 at 6:30 p.m. in Commission Chambers.
Mr. Bressner acknowledged Commissioner Ferguson's vision for the Fire Assessment, but
asked Commissioner Ferguson to support the Resolution with the knowledge that the
Commission and staff would be looking at alternative options until the actual Public
Hearing on September 12th. Mr. Bressner would like to move forward with the Program
as presented.
Motion
Commission Ferguson moved for approval of Resolution No. R02-:~14 with the tiered
rate system. Motion seconded by Commissioner McCray and carried 4-1 (V/ce Mayor
We~land dissenting.)
THE POINTE. SUITE 1060
2502 ROCKY POINT DRIVE
, .~iv~PA. FLORIDA 33607
NABOR$, GIBLIN & NICKER$ON,
ATTORNEYS AT LAW
SUITE 200
I~O0 MAHAN DRIVE
TALLAHASSEE. FLORIDA 3:=308
TELEPHONE (850) 2:='4-4070
TELECOPY (850)
P.A.
September 5, 2002
Via Overnight Delivery Service
CNL CENTER. SUITE
450 SOUTH ORANGE AVEN
ORLANOO. FLORIDA 32801
Kurt Bressner
City Manager
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425
Re: REVISED Final Annual Rate Resolution for Fire Rescue Assessment
Dear Kurt:
Enclosed please find a revised final Annual Rate Resolution for the City's adoption
on September 12, 2002. The revised resolution contains new "WHEREAS" preamble
clauses that reflect the City's consistency with the Supreme Court of Florida's opinion in
City of North Lauderdale v. SMM Properties, Inc. You will recall that this opinion confirms
the Fourth District Court of Appeal's ruling that a special assessment cannot be used to
fund emergency medical services.
The enclosed revised resolution should replace the earlier final Annual Rate
Resolution already transmitted to you.
I apologize for any confusion the revised resolution may cause and please call me
with any questions you may have.
Very truly yours,
nders Delegal
VSD:sib
Enclosure
cc: James A. Cherof (w/enc.)
CITY OF BOYNTON BEACH, FLORIDA
FIRE RESCUE ASSESSMENT
ANNUAL RATE RESOLUTION
FOR
FISCAL YEAR BEGINNING OCTOBER 1, 2002
ADOPTED SEPTEMBER 12, 2002
TABLE OF CONTENTS
Page
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6,
SECTION 7.
SECTION 8.
AUTHORITY ......................................... 3
DEFINITIONS AND INTERPRETATION ................... 3
PRELIMINARY RATE RESOLUTION AMENDED ............. 3
REIMPOSITION OF FIRE RESCUE ASSESSMENTS ......... 4
CONFIRMATION OF PRELIMINARY RATE RESOLUTION ..... 7
EFFECT OF ADOPTION OF RESOLUTION ................. 7
SEVERABILITY ....................................... 7
EFFECTIVE DATE .................................... 8
APPENDIX A:
APPENDIX B:
APPENDIX C:
AFFIDAVIT REGARDING NOTICE MAILED
TO PROPERTY OWNERS'. ........................... A-1
PROOF OF PUBLICATION ........................... B-1
FORM OF CERTIFICATE TO NON-AD
VALOREM ASSESSMENT ROLL ...................... C-1
CITY OF BOYNTON BEACH, FLORIDA
RESOLUTION NO. R02-
A RESOLUTION 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; AMENDING THE
PRELIMINARY RATE RESOLUTION; REIMPOSlNG FIRE
RESCUE ASSESSMENTS AGAINST ASSESSED
PROPERTY LOCATED WITHIN THE CITY OF BOYNTON
BEACH FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
2002; APPROVING THE RATE OF ASSESSMENT;
APPROVING THE ASSESSMENT ROLL; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Commission of Boynton Beach, Florida (the "City
Commission"), has enacted Ordinance No. 01-034 (the "Ordinance"), which authorizes the
imposition of Fire Rescue Assessments for fire rescue services, facilities, and programs
against Assessed Property located within the City;
WHEREAS, the reimposition 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;
WHEREAS, the City Commission desires to reimpose a Fire Rescue Assessment
within the City using the procedures provided by the Ordinance, including the tax bill
collection method for the Fiscal Year beginning on October 1, 2002;
WHEREAS, the City Commission, on July 2, 2002, adopted Resolution No. R02-114
(the "Preliminary Rate Resolution"), containing and referencing a brief and general
description of the fire rescue facilities and services to be provided to Assessed Property,
describing the method of apportioning the Fire Rescue Assessed Cost to compute the Fire
Rescue Assessment for fire rescue services, facilities, and programs against Assessed
Property, estimating a rate of assessment, and directing the updating and preparation of
the Assessment Roll, provision of published notice required by the Ordinance and mailed
notice if circumstances described in Section 2.08(F) of the Ordinance so require;
WHEREAS, in order to reimpose Fire Rescue Assessments for the Fiscal Year
beginning October 1, 2002, the Ordinance requires the City Commission to adopt an
Annual Rate Resolution, during its budget adoption process for each Fiscal Year, which
establishes the rate of assessment and approves the Assessment Roll for the upcoming
Fiscal Year, with such amendments as the City Commission deems appropriate, after
hearing comments and objections of all interested parties;
WHEREAS, the updated Assessment Roll has heretofore been made available for
inspection by the public, as required by the Ordinance;
WHEREAS, as required by the terms of the Ordinance, which provides notice to all
interested persons of an opportunity to be heard, notice of a public hearing has been
published and mailed using the notice of proposed property taxes under section 200.069,
Florida Statutes, the truth-in-millage notification; an affidavit regarding the form of notice
mailed being attached hereto as Appendix A and the proof of publication being attached
hereto as Appendix B;
WHEREAS, a public hearing was held on September 12, 2002, and comments and
objections of all interested persons have been heard and considered as required by the
terms of the Ordinance; and
WHEREAS, in the Preliminary Assessment Resolution the City declared that its Fire
Rescue Assessment funds only fire protection services, not emergency medical services
and that this funding was consistent with the Fourth District Court of Appeal's decision in
SMM Properties, Inc. v. City of North Lauderdale, 760 So. 2d 998 (Fla. 4th DCA 2000);
2
WHEREAS, on August 22, 2002 the Supreme Court of Florida rendered its opinion
in City of North Lauderdale v. SMM Properties, Inc., Case No. SC00-1555 in which it
agreed with the Fourth District Court of Appeal that emergency medical services could not
be funded with a special assessment and approved the Fourth District Court's opinion in
SMM Properties, Inc. v. City of North Lauderdale; and
WHEREAS, the Fire Rescue Assessment imposed by this Annual Rate Resolution
for Fiscal Year 2002-03 will continue to be consistent with the decision by the Fourth
District Court of Appeal, as approved by the Supreme Court of Florida in City of North
Lauderdale v. SMM Properties, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA:
SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions
of Ordinance No. 01-34, (the "Ordinance"), Resolution No. R01-217 (the "Initial
Assessment Resolution"), Resolution No. R01-249 (the "Final Assessment Resolution"),
Resolution No. R02-114 (the "Preliminary Rate Resolution"), as amended herein, Article
VIII, Section 2, Florida Constitution; sections 166.021 and 166.041, Florida Statutes, and
other applicable provisions of law.
SECTION 2. DEFINITIONS AND INTERPRETATION. This resolution constitutes
the Annual Rate Resolution as defined in the Ordinance. All capitalized terms in this
resolution shall have the meanings defined in the Ordinance, the Initial Assessment
Resolution, the Final Assessment Resolution, and the Preliminary Rate Resolution, as
amended herein.
SECTION 3. PRELIMINARY RATE RESOLUTION AMENDED. Section 7 of the
Preliminary Rate Resolution is hereby amended as follows:
3
(D) In addition, the City Manager shall seek the
collection of any delinquency or past due amounts attributable
to each Tax Parcel for Fire Rescue Assessments during the
delinquency period of October 1, 2002 2001 through July 24,
2002 along with the estimated Fire Rescue Assessment for
such Tax Parcel as approved and applied in accordance with
this Preliminary Rate Resolution.
[CODING: Underscore indicates addition; s'a'iketh~.ot~gh indicates deletions.]
SECTION 4. REIMPOSlTION OF FIRE RESCUE ASSESSMENTS,
(A) The parcels of Assessed Property described in the Assessment Roll, as
updated, which is hereby approved, are hereby found to be specially benefited by the
provision of the fire rescue services, facilities, and programs described or referenced in the
Preliminary Rate Resolution, in the amount of the Fire Rescue Assessment set forth in the
updated Assessment Roll, a copy of which was present or available for inspection at the
above referenced public hearing and is incorporated herein by reference. It is hereby
ascertained, determined and declared that each parcel of Assessed Property within the
City will be specially benefited by the City's provision of fire rescue services, facilities, and
programs in an amount not less than the Fire Rescue Assessment for such parcel,
computed in the manner set forth in the Preliminary Rate Resolution, as amended herein.
Adoption of this Annual Rate Resolution constitutes a legislative determination that all
parcels assessed derive a special benefit in a manner consistent with the legislative
declarations, determinations and findings as set forth in the Ordinance, the Initial
Assessment Resolution, the Final Assessment Resolution, and the Preliminary Rate
Resolution from the fire rescue services, facilities, or programs to be provided and a
4
legislative determination that the Fire Rescue Assessments are fairly and reasonably
apportioned among the properties that receive the special benefit as set forth in the
Preliminary Rate Resolution.
(B) The method for computing Fire Rescue Assessments described and
referenced in the Preliminary Rate Resolution, as amended herein, is hereby approved.
The Parcel Apportionment methodology adopted in Section 6 of the Preliminary Rate
Resolution is hereby approved.
(C) For the Fiscal Year beginning October 1, 2002, the estimated Fire Rescue
Assessed Cost to be assessed is $2,842,317.00. The Fire Rescue Assessments to be
assessed and apportioned among benefited parcels pursuant to the Cost Apportionment
and Parcel Apportionment to generate the estimated Fire Rescue Assessed Cost for the
Fiscal Year commencing October 1, 2002, are hereby established as follows:
RESIDENTIAL
PROPERTY USE Rate Per
CATEGORIES Dwelling Unit
Single Family $70
Multi-Family Residential $42
NON-RESIDENTIAL Building
PROPERTY USE Classification (in Industrial/ Nursing
CATEGORIES square foot ranges) Commercial Warehouse Institutional Homes
< 1,999 $ 126 $ 35 $ 198 $ 198
2~000 - 3~499 $ 252 $ 69 $ 396 $ 396
37500 - 47999 $ 441 $ 121 $ 693 $ 693
57000-9f999 $ 629 $ 173 $ 990 $ 990
10f000- 197999 $ lr259 $ 347 $ lr980 $ 1~980
207000- 297999 $ 2~518= $ 693 $ 3~960 $ 3~960
307000 - 39~999 $ 37777 $ 17040 $ 57940 $ 57940
40r000- 49r999 $ 5r036 $ 17386 $ 7~921 $ 77921
> 50,000 $ 6,295 $ 1,733 $ 9,901 $ 9,901
(D) The above rates of assessment are hereby approved. Fire Rescue
Assessments for fire rescue services, facilities, and programs in the amounts set forth in
the updated Assessment Roll, as herein approved, including any delinquent or past due
5
amounts attributable to each Tax Parcel for Fire Rescue Assessments during the
delinquency period of October 1, 2001 through July 24, 2002, are hereby levied and
reimposed on all parcels of Assessed Property described in such Assessment Roll for the
Fiscal Year beginning October 1, 2002.
(E) No Fire Rescue Assessment shall be imposed upon a parcel of Institutional
Property whose use is wholly exempt from ad valorem taxation under Florida law. Any
shortfall in the expected Fire Rescue Assessment proceeds due to any reduction or
exemption from payment of the Fire Rescue Assessments required by law or authorized
by the City Commission shall be supplemented by any legally available funds, or
combination of such funds, and shall not be paid for by proceeds or funds derived from the
Fire Rescue Assessments.
(F) As authorized in Section 2.13 of the Ordinance, interim Fire Rescue
Assessments are also levied and imposed against all property for which a Certificate of
Occupancy is issued after adoption of this Annual Rate Resolution based upon the rates
of assessment approved herein.
(G) Fire Rescue Assessments shall constitute a lien upon the Assessed Property
so assessed equal in rank and dignity with the liens of all state, county, district or municipal
taxes and other non-ad valorem assessments. Except as otherwise provided by law, such
lien shall be superior in dignity to all other liens, titles and claims, until paid.
(H) The Assessment Roll, as herein approved, together with the correction of any
errors or omissions as provided for in the Ordinance, shall be delivered to the Tax Collector
for collection using the tax bill collection method in the manner prescribed by the
Ordinance. The Assessment Roll, as delivered to the Tax Collector, shall be accompanied
6
by a Certificate to Non-Ad Valorem Assessment Roll in substantially the form attached
hereto as Appendix C.
SECTION 5. CONFIRMATION OF PRELIMINARY RATE RESOLUTION. The
Preliminary Rate Resolution, as amended, is hereby confirmed.
SECTION 6. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this
Annual Rate Resolution shall be the final adjudication of the issues presented (including,
but not limited to, the determination of special benefit and fair apportionment to the
Assessed Property, the method of apportionment and assessment, the rate of assessment,
the Assessment Roll and the levy and lien of the Fire Rescue Assessments), unless proper
steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days
from the date of this Annual Rate Resolution.
SECTION 7. SEVERABILITY. If any clause, section or other part of this
resolution shall be held by any court of competent jurisdiction to be unconstitutional or
invalid, such unconstitutional or invalid part shall be considered as eliminated and in no
way effecting the validity of the other provisions of this resolution.
7
SECTION 8. EFFECTIVE DATE. This Annual Rate Resolution shall take effect
immediately upon its passage and adoption.
PASSED, ADOPTED AND APPROVED THIS 12TH DAY OF SEPTEMBER, 2002.
CITY OF BOYNTON BEACH
Mayor
Vice Mayor
Commissioner
Commissioner
ATTEST:
Commissioner
Janet M. Prainito
City Clerk
APPROVED AS TO FORM AND CORRECTNESS:
James A. Cherof
City Attorney
8
APPENDIX A
AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS
AFFIDAVIT OF MAILING
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner, who,
after being duly sworn, deposes and says:
1. Kurt Bressner, 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, 2.05 and 2.08 of the Fire Rescue
Assessment Ordinance adopted by the City Commission on July 11, 2001 (the
"Assessment Ordinance") in conformance with the Preliminary Rate Resolution adopted
by the City Commission on July 2, 2002 (the "Preliminary Rate Resolution"). The
Preliminary Rate Resolution directed and authorized notice by First Class Mail only to
affected owners in the event circumstances described in Section 2.08(F) of the Ordinance
so required.
2. In accordance with the Assessment Ordinance and pursuant to Chapter
92-264, Laws of Florida, Mr. Bressner 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 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
will cause a tax certificate to be issued against the property which may result in a loss of
A-1
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.
FURTHER AFFIANT SAYETH NOT.
Kurt Bressner, affiant
STATE OF FLORIDA
COUNTY OF PALM BEACH COUNTY
The foregoing Affidavit of Mailing was sworn to and subscribed before me this
~ day of ,2002 by Kurt Bressner, City Manager, City of Boynton
Beach, Florida. He is personally known to me or has produced as identification
and did take an oath.
Printed Name:
Notary Public, State of Florida
At Large
My Commission Expires:
Commission No.:
A-2
APPENDIX B
PROOF OF PUBLICATION
NO. 457324
copy of advertisement; and affiant further says that she/hes~as ~eith~ paid nor promised any
person,
secm'lng this advertisement f°r publicati°n ~ me~ ~.
. THE PALM BEACH POST
~h,ished ~)ai,y ~nd Sunday NOTICE OF HEARING TO REIMPOSE AND
West Palm Be~ch. Palm Beach County, Florida PROVIDE FOR COLLECTION OF FIRE RESCUE
PRoov ov PUB's[CATION SPECIAL ASSESSMENTS
Notice s hereby g yen that the Cty Commission of the City of Boynton Beach will cpndu, ct
a public hearing to consider the reimpgs nQ fire rescue s _p~cial assessments tot the
STATE OF FLOR[DA provision of fir.e rescue services within ~e ~ty of Boynton Beach for I~e Fiscal Year
COUNTY OF PALM BEACH beginning October 1,2002.
Before the undersigned authority personally appeared Ke~in D. Austia, who on oath says that The hearing will be hdd at 6:30 n.m. on September 12, 2002, in the City Commission
he is Classified Adver~isin~ Mnnn~er of The P~lm Be~ch Post. a daily and Sunday newspaper Chambers of City Hall, 100 East Baynton Beach Boulevard, Boynto,, Beach, F!.orida, ~
F.u:~,i~hed at West P~Im Be~ch in P~lm Be~ch County, Florida; that the attached copy of the purpose of receiving .public comment on the proposed .0.ssessments. All ~
advertising, being a No¢ice in the matter of Hearin~ Fire Rescue Sl~ecia! Assessments was p. rc~ owners hcn~ a right to aaaear at the hearin.cl and to file ~vr!tten cyojecfions, w~
published in said newspaper in the issues of 4~,usl :~0. 21N)2. ,J~e'.C. ily Com. mi.ssioq w~,n 2_0 d~.of thi~.,natice. ~ .a person ?c~des t~ ~ap jp~al.a~ny_
aecJsJon made by the City Commission w~m respect ro any man~' con. s~aer~a a~.me
AJ~fiant further says that the said The Post is a newspaper published at West PaJm B~ch. in · hearing, such ~ will need a record of the pro~,eedings and may,, 9 ,eed.,., to ensu~ .that
~aid P~Jm B~ch Coup. ry. Florida, and that the said newspaper has heretofore been i J a v~b~.'m mcbrd is made, i.n~:lu.ding testimony aqqev~.a ,e~.,.e.upo9 wmcn me appe~? is to
continuously published in said Palm Be~ch County. Florida. daily and Sunday and h~s been I I be made In accordance wdh the Americans w~th O~b~!Lhes Act, ,.l~sog. s r~ .eeamg a
entered as second class mail matter at the post office in West Palm Beach. in said Palm Beach I t,~al o~c .ofnmac~tion or an in .'m~p_ reter to [xxtici.,cx~. in l~s proc. ee~, i.ng sr .h~ ul~ co,.tact
County. Florida. for a period of one yemr next preceding the first publication of the attached I I lfie City Clerk's Olfice at (561) 742-6060 at least 7 days prior to the aam or me neanng.
I The a_*__,e~__.~ment for each I~arcd of m'ocmrty will be .based up~?_each ,~,rcd's clg.ssific~on
I and the tolat number of hilling unhs ',a~i, ,[~tecl to that parcet, lhe toltowmg ~able reflects
I I~e proposed tim rescue a_,__,e~__.,ment scheclule
Sworn to and subscribed before ~his 20a day of Augus~A~D~200~ /~
P~n~ly ~o~ ~ or ~uc~ Idenafication
T~ of Identificaaou ~uc~
~'~ ', ~ ,;bx. ~i ~IcLINTON
_CoRies of the Fire Rescue Asmsmmnt Ordinance .(Ordinam~ ..No. 01-34), Amending
Or~linance No. 01-56, Ihe initial .~_,__,ee__.-nent Resolution (Resol,.u~iop NO._R01:.217), .the
final Assessment Resdutk~ (Rmol ,u~.. No. RO1-2491, the P,,rehm?ary Rat? R .e?u~,.on
initiating the annual ,prace?'of,.u .F.ek~ng~ lhe ~,,en, t R.,~I ancl rm. mp~,.smc. J me r~re
Rem~q....Ass~nen. ts, ami ~ pr~_ imi..,na~ ks~t.R~l ~ ,~e u ,P~om?.r~.?~al' ~y~ear ,are
ava Iai:ge h:N' ins~oectian at lhe ~ty~Cl .e~. s omce in k. dy Hall, ~ at I UU cast oaynmn
The assessmenfs will be colleclad on the ad valorem lax bill ~ .,be mailed in .?ovember
2002, ~$ auth,o~.ad by ~ 197,.3632,, Flori.da S,k~s. Fa.,lure, .~ pay me q..ss~s-
menls wiJJ cause a tax certificate to be usecl against the properly wmcn may resort in a
Io~ d tilte.
If you ~ ,any, q~,.~ion~,, ~.pJ,,ose con ,~t. ~ Financ, C~o,,r~ent at 742-63~ 0, ~
th~'ough Friclay 0etw~en '/:u'u a.m. aha o:u'u p.m.
City of Bovntan Bead~
Janet M. Prainito, CMC
City Clerk
PUBUSH: The Palm Beach Post, August 20, 2002
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, 2002.
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 ,2002.
CITY OF BOYNTON BEACH, FLORIDA
By:
Mayor
[to be delivered to Palm Beach County Tax Collector
prior to September 15]
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The Cit o Bo nton Beach
OFFICE OF THE CITY MANAGER
1 O0 E. Boynton Beach Bouleuard
P.O. Box 310
Boynton Beach, Flonda 33425-0310
City Manager's Office: (.561) 742-5010
FAX: (561) 742-6011
e-mail: city. manager@ci, boyntort-beach.fl, us
u~. ci. boynto n-beach.fl, us
To:
From:
Date:
Subject:
City Commission
Kurt Bressner, City Manager
September 9, 2002
Supplemental Report on Fire Assessment
Summary of report: The fire assessment rates for all property uses will be reduced in 2002-03
for all land uses except single-family residential. The single-family rate is projected to stay at
$70. The report also provides information on expected construction and operating expenses
coupled with necessary fire assessment revenue needs for the next six-years.
Included in the City Commission agenda packet is a rate resolution proposed final rates for the
2002-03 Fire Assessment program. On July 2, 2002, the City Commission authorized
proceeding with an interim rate resolution based on a tiered rate system for non-residential
property. In reviewing this matter, the Commission reviewed information on a comparison of
the tiered rate system vs. a square footage system. The residential rate for multi-family is
projected at $42 for 2002-03 which is down from the present rate of $58. The single-family rate
is projected at $70 which remains unchanged from this year.
Impact of the Rate Resolution on Non-Residential Properties
The main difference between the 2001-02 tiered rate system and the 2002-03 tiered rate system is
that the cost to commercial, industrial, institutional and nursing home uses is less.
In the case of the 2002-03 square footage rate system, there are instances where the cost to
bl~siness properties will be more than the tiered system used in 2001-02.
For Commercial properties the 2002-03 Tiered Rate system is about 19% lower than the fire
assessment fees last year.
For Industrial properties the 2002-03 Tiered Rate system is about 29% lower than the fire
assessment fees last year.
For Institutional and Nursing Home properties the 2002-03 Tiered Rate system is about 21%
lower than the fire assessment fees last year.
The reason the commercial, industrial and institutional cost are going down is because the
consultant calculated more square footage of commercial and industrial space and the overall
assessment revenue projected as being nee& ) ';:opped from $2.9 M in 2001-02 to $2.4 M after
the projected buy-down of the institutional and nursing home uses.
Residential Rates
The Single Family rate is projected to stay at $70 per house and the Multi-Family rate is reduced
from $58 to $42. The rate is calculated by the fire calls being a percentage of the allowable
budget divided by the number of multi-family or single-family units. This is the same
methodology that was used this year.
Six-Year Revenue and Expense Projections
Staff has prepared a report that shows the projected capital and operating expenses for the Fire
Department. The costs shown on the report include Only the capital construction costs of the fire
station improvements and the operating costs for the Fire Station #4 to be located in the
Southeast quadrant of the City. For this fiscal year we are projecting the purchase of land for
Station #4. Land purchase for the new station has gone slower than planned. We have not been
successful in finding vacant property generally south of Woolbright and east of the FEC RR. We
are now looking at properties with buildings that will require demolition costs or adaptive re-use,
if feasible. We are projecting the completion of Station #4 by June 2003, if we can complete land
purchase by September 30th. This will allow us to temporarily vacate Station #2 on Congress
while it is being rehabilitated. We would operate out of Station #3 (Minor and Congress),
Station #1 (Downtown) and new Station #4 (Southeast). Once Station #2 is completed, work on
a new Station #1 would proceed. Work on Station #1 would not start until early 2004 with a
completion date in October or November 2004. The current Station #1 downtown would
continue to operate until new Station # 1 is completed. Depending on the pace of redevelopment
in the downtown, the Old Station #1 should be mothballed for future use as an advanced life
support (ALS) engine company or a medic unit. The station would not be a full fire station but
would allow a rapid response unit for the core area of the downtown when the density in this area
warrants re-opening a sub-station. This is an operational change based on focused work of the
CRA in the core area over the past year. Relocation of Station #1 to the Northeast quadrant is
still needed to fulfill the goal of a 4-minute fire response to this part of the community.
Based on these projections, we show a deficit of funding in 2004-05, 2005-06 and 2006-07 that
balances out by the end of the assessment program in September 2008. The revenue projections
are based on the projections of $2.2 M each year from 2003-04 to 2006-07 and then a final year
reduction to $1.2 M in 2007-08. Last year we projected a need of $2.2 M for 2002-03.
However, the projections of revenue show a slight increase to $2.4 M. This is because of low
interest earnings and lower revenue collections for the 2001-02 Fire Assessment. The rate also
assumes a 4% collection loss ($92,000).
America's Gateway to the Gulfstream
Cci
James Cherof
Wilfred Hawkins
Dale Sugerman
Diane Reese
Bill Bingham
America's Gateway to the Gulfstream
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