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Agenda 09-12-13r, I ' ll C OMMISSIO N !1 E BO YNTON B OYNTON In acc ordance • of the City Charter of - City of Boynton Beach and Florida Statutes yd - hereby notified of • • n meeting to be held on •. September •- !` 6'11 p.m. until business is c oncluded for the purpose of • • r - 1. PUBLIC HEARING T ADOPT FY 2013/20 YATE YESOLUTION • FU RNISH oil IQ W1 W THE CITY SHALL APPROPRIAT A il- DS ARD 5ERTICES . :.. TO • WV;Mk1'T1_@H1 . Min ,� •, REAS ONABLY OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACr T:; CITY CLERKS OFFICE AT (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY O •• YOUR REQ UEST. 09/10/2013 9:26 A S: \CC\WP \SPECIAL MEETINGS\Fire Assessment \Special Meeting - Fire Assessment Public Hearing - 09- 12- 13.doc A G/ # r R CITY OF BOYNTON BEACH T AGENDA ITEm REQUEST FORIV NATURE OF AGENDA ITEM ❑ OPENINGS ® I PUBLIC HEARING ❑ OTHER ❑ _ CITY MANAGER'S REPORT El ANNOUNCEMENTS /PRESENTATIONS F _ UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ - -- NEW BUSINESS ❑ CONSENT AGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS - F _ NO. R1 3- oqi - i The proposed Assessment for residential property owners is $88.00 annually per dwelling unit. This is consistent - $88.00 annual Assessment 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 2013 -14, the estimated gross Fire Rescue Assessed cost is $5,809,640 reduced to a net realized assessment of $5,027,804 after excluding tax exempt properties. The net realized Fire Assessment of $5,027,804 would equal an increase to the ad valorem property tax rate of 1.2889 to raise the same amount of revenue to the City. The Fire Rescue Assessments to be assessed and apportioned among benefitted property parcels follow. Property Use Category Rate Per Dwelling Unit Residential $88 . 00 Non- Residential Property Use Cate oriel Rate Per Square Foot ( *) Commercial $0.20 Industrial/Warehouse $0.05 Institutional $0.22 Nursing Home $0.22 (*)There is a maximum of 77,001 square foot cap on non - residential buildings The above rates only assess less than 44% of the eligible Fire Rescue costs after excluding EMS costs of the Fire Department. If they were assessed at 100% of the eligible costs, the rates would be $202.00 per dwelling unit and approximately twice the square footage rates for commercial property. ALTERNATIVES: 1. Approve the proposed assessment levels. ($88.00 per dwelling unit, etc.) 2. 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. Dill 111 11111 21 2 Page 1 of 14 H H 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 rescue services, facilities, and 02 W 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 P-j apportioning the Fire Rescue Assessed Cost among - parcels of Assessed Property; ani WHEREAS, the City Commission desires to continue a Fire Rescue AssessmenN TRIFolleffif Fe M-1 Ordinance, including the tax bill collection method, for the Fiscal Year beginning on October 1, M XT 0 1 4 1 '�!! 11 Ili' 0 4 1 11 1 1 111 1[�I: �41 A=�! (the "Initial Assessment Resolution"); and a (the "Preliminary Assessment Resolution"), which set forth the preliminary assessment rates for Page 2 of 14 Fiscal Year 2013-14, and which contains and references a brief and general description of the fire rescue services, facilities, and programs to be provided to Assessed Property; describes 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; confirmed the rates of assessment; and directs the updating and preparation of the Assessment Roll and provision of the notice required by the Ordinance; and WHEREAS, in order to impose Fire Rescue Assessments for the Fiscal Year beginning ic 11 12 13 14 15 16 17 18 19 20 21 22 23 October 1, 2013, the Ordinance requires the City Commission to adopt a Final Assessment Resolution, which confirms and establishes the rates 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; and WHEREAS, the Assessment Roll has heretofore been made available for inspection by the public, as required by the Ordinance; and WHEREAS, notice of a public hearing has been published and mailed, as required by the terms of the Ordinance. An Affidavit of Mailing being attached hereto as Appendix A and the Proof of Publication being attached hereto as Appendix B; and WHEREAS, the City Commission recognizes that the special assessment may work a hardship on certain residential property owners in the City, and desires to continue to provide a means whereby affected property owners may request a total or partial waiver of the special assessment for hardship; and WHEREAS, a public hearing was held on September 12, 2013, and comments and objections of all interested persons have been heard and considered as required by the terms of the Ordinance. Page 3 of 14 NO' -9, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF B1 N BEACH, FLORIDA THAT: SECTION 1. AUTHORITY. This resolution is adopted pursuant to Ordinance No. 08-017; Resolution No. R08-076; Resolution No. R13-067; Axticle VIII, Section 2, Florida — Constitution; Sections 166.021 and 166.041, Florida Statutes; and other applicable provisions of ffm SECTION 2. DEFINITIONS AND INTERPRETATION. This resolution constitutes the Final Assessment Resolution as defined in the Ordinance. All capitalized words ic 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and terms not otherwise defined herein shall have the meanings set forth in the Ordinance, the Initial Assessment Resolution and the Preliminary Assessment Resolution. (A) The parcels of Assessed Property described in the Assessment Roll, which is services, facilities, or programs to be provided and a 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 Assessment Resolution. (B) The method for computing Fire Rescue Assessments described and referenced in the Preliminary Assessment Resolution is hereby approved. The Parcel Apportionment methodology described in Appendix F of the Preliminary Assessment Resolution, and adopted in Section 7 of the Preliminary Assessment Resolution, is hereby approved. (C) For the Fiscal Year beginning October 1, 2013, the estimated net Fire Rescue Assessed Cost to be assessed is $5,809,640.00. The Fire Rescue Assessments to be assessed and 0 111 1 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, 2013, are hereby confirmed and established as follows: Property Use Category Rate Per Dwelling Unit Residential $88.00 Non - Residential Property Use Categories Rate Per Square Foot Commercial $0.20 Industrial /Warehouse $0.05 Institutional $0.22 Nursing Home $0.22 13 14 15 16 17 18 19 20 21 (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 Assessment Roll, as herein approved, are hereby levied and imposed on all parcels of Assessed Property described in such Assessment Roll for the Fiscal Year beginning October 1, 2013. (E) As authorized in Section 2.14 of the Ordinance, no Fire Rescue Assessment shall be imposed upon a parcel of Government Property, except as provided in the Preliminary Assessment Resolution, or upon a parcel of Institutional Property whose use is wholly exempt from taxation under Florida law. Page 5 of 14 (F) 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 31 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 911 Rescue Assessments. (G) As authorized in Section 2.13 of the Ordinance, interim Fire Rescue Assessments are also levied and imposed against all property for which a Building Permit is issued after adoption of this Final Assessment Resolution based upon the rates of assessment approved herein. 101 11 12 13 14 15 16 17 18 191 20 21 22 23 (H) 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. (I) The Assessment Roll, as herein approved, 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 by a Certificate to (J) No Emergency Medical Services shall be funded from the Fire Rescue Assessment revenues. IF I lern 111111111312mr-111! r! IF ] �111 111 CoECTION 5. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this Final Assessment Resolution shall be the final adjudication of the issues presented (including, Page 6 of 14 t A'� V XII The City Commission of the City of Boynton Beach, Florida hereby continues its program for qualified individuals who need financial assistance to pay all or part of the Fire Rescue Assessment levied on their property or who seek deferral of payment of all or part of the lE la 2( 21 Z 22 24 2f 2( 2') 2F 2S Fire Rescue Assessment on their property. (B) The City's program for financial assistance shall be commonly referred to as H.E.L.P., Hardship Extension Loan Program. The following types of financial assistance are available, based upon need: 1. Relief from all payments of an annual Fire Rescue Assessment. 2. Relief from a portion of payments of an annual Fire Rescue Assessment. 3. Deferral of payments of an annual Fire Rescue Assessment. 11� (C) The following individuals are eligible for financial assistance. 1 . Residential Property Owners who meet 2013 HHS Poverty Guidelines. 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); Page 7 of 14 b. Section 196.091, Florida Statutes (disabled veterans confined to wheelchairs); C. Section 196.101, Florida Statutes (totally and permanently disabled persons). 1 2 2 3. Residential Property Owners that qualify for the additional homestead exemption for persons 65 and over authorized pursuant to Section 196.075, Florida Statutes are also eligible to apply for the Hardship Waiver. 4. Residential Property Owners that are qualified under the Florida Homestead Property Tax Deferral Act, Section 197.242, et al., Florida Statutes. (D) Eligible Residential Property Owners may submit an application for a Hardship Itaiver or Deferral, on a form prepared by the City, with the Finance Department. ThF Application shall include the following: 1 Documentation demonstrating eligibility for the Hardship Waiver or Deferral through one of the criteria from exemptions listed in Section C above; 2. A copy of the Tax Bill for the subject property; 3. Description of the facts and circumstances of the hardship. 2 t 3 3,' (E) All Applications for the Hardship Waiver or Deferral must be received by the (F) Once received, all applications shall be reviewed by the City's Finance Director, or his or her designee ("Reviewing Official"). The Reviewing Official shall review the facts and circumstances to determine whether a hardship exists to warrant a partial or total waiver of Page 8 of 14 the special assessment levied upon the applicant's real property or a deferral of payment of such. (G) The Reviewing Official shall render a written decision and provide such to the ,• , (H) If a partial or total waiver or deferral is granted by the Reviewing Official, the Finance Director shall ensure appropriate documentation is provided to the Tax Collector as to the revised amount of the assessment as to the applicant. out 1� year. 13 2 2 r %, An applicant may apply for a Hardship Waiver as to one property only. FIRM (K) A deferral may be granted for no longer than the end of the then current fiscam (L) When financial assistance is granted pursuant to the H.E.L.P. program, any %,ection 4(L) of the Preliminary Rate Resolution, there shall be a Mobile Home Vacancy Adjustment procedure for Mobile Home and Recreational Vehicle Park Property, using the [!)rocedures established in Resolution R1 1-089. Any shortfall in the expected Fire Rescue, Assessment proceeds due to any adjustment for vacancy shall be supplemented by any legally available funds and shall not be paid for by proceeds or funds derived from Fire Rescue Page 9 of 14 Assessments. Failure of the Owner to timely provide the information to the City will result in I SECTION 8. CONFLICTS. All resolutions or parts of resolutions in conflicM MIUM 0 DIN I 0 11 111 !111 DI W 01 DIN M H 11 E 1-" (Continued on Next Page) Mayor — Jerry Taylor Commissioner — David T. Merker Commissioner — Michael M. Fitzpatrick Commissioner — Joe Casello 2 2 W61261" Janet A Prainito, MMC City Clerk (Corporate Seal) Page 11 of 14 Page 12 of 14 F Lori La"Terriere, as City Manager • the City • Boynton Beach, Florid pursuant to the authority and direction received from the City Commission, 1 211 1 0 1 1M I "1111FIRIPI11 � I I I 'lo. 08-071, the Fire Rescue Assessment Ordinance (the "Assessment Ordinance") in I � III I I WRININ, 11 11 1 i I :iiii� 1111 111111 0 is 2. In accordance with the Assessment Ordinance and Chapter 92-264, Laws MEN 1111 1 li OPTIMUM MINTON = 3. Because the assessment was being levied against newly affected property owners for the first time for Fiscal Year 2013-14, additional notice by first class mail t# the Owner of each newly affected parcel of Assessed Property was also required by thg MINA0 I Me] a V ME 0 O W0101 0 IVA ,4 A� 1.7ori'LaVerriere, affiant �G� Sfindi Me affiant The foregoina Affidavit of Mailing was sworn to and subscribed before me this day of I/ &ia\U-Sr , 2■13 by Lori LaVerriere, City Manager, City of Boynton Beach, Florida, She is personally known to me or has produced as identification and did take an oath. —AOI A L9111 0 1 nrnegq�ipjmn 0 A' Commission No.: 1) City • Boynton Beach P.O. Box 310 Boynton Beach, FIL 33425-031 OWNS= .f Type and Number Fiscal Year 13-14 Category of Billing Units Assessment RESIDENTIAL 9 Dwelling Units $792.00 RESIDENTIAL 3 Dwelling Units $264.00 Total Assessment: $1,056.00 III! 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I .24 tBRA ®taryPublic . 0 I n and for the State of Ohio 30, 2014 My Commission Expires September U" W WMF%W KAW MAWA $: Pdw 8 - 6 Pal, ASV - 16, 2013 Vila SPECIAL ASSESSMENTS ,Property Use Category Rate Per - D..IV.rg Unit Residential $88.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.20 Industrial/Warehouse $0.05 Institutional $0.22 Nursing Home $0.22 City of Boynton Beach GWRd %PEW & , x t!v , -UB: Palm Beach Post, August 16. 2013 L D 2( 21 2,' 2 _ 2z 2f 2( 2, 2� 2S R 31 K 33 34 35 3( 3 1 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, 2013. 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 2013. IM Page 14 of 14 0 City of Boynton Beach, Florida Fire Assessment A pp li ca t ion f or De o f Eli • FISCAL YEAR 2 013-20 14 NAME: (LAST) (FIRST) SOCIAL SECURITY NUMBER: - - TELEPHONE # ADDRESS: (S 1 HEET) (CITY) (STATE) (ZIP) I N4 W-A I L ei 0 vi = 1 IA KOWL0112 •': • 9 (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 B OX BELOW • - WHICH I AM REQUESTING • - (Provide a copy of your 2013 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.) 1 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 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) 1 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) EJ 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 (2011 & 2012) Federal Income Tax Returns) OR IF YOU DID NOT FILE INCOME TAXES FOR THE PAST (2) YEARS (Provide a coDv .. • A• TE: The City may require additional information to de termine Fire Assessment Application f• Determination of a • fo 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 0 0 Date i retirement income, interest, dividends, rents, royalties, income from estates, trust, r u ational assistance, alimony, child support, assistance from outside the household, 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 November 1. 2013 ➢ 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. Boynton City of Beach Financial Services Department P.O : Boynton Boynton r i CITY OF BOYNTON BEACH MOBILE HOME PARK VACANCY RATE AFFIDAVIT THIS A FFIDA 117T IS FOR MOBILE I . F, 1. DONOTINCLUDERVSPACES I Tax ID Number Legal Description Name of Park • 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, 2012 to December 31, 2012: Mobile Home Spaces Vacant Spaces Vacancy Rate ov a 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, 2013. Afflant Signature Print Name Telephone Number STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , who is personally known to me or who has produced identification and who did (did not) take an oath. (Notary Seal) Notary Public Signature Print Name 2013, by as 29MEMMEM= � I� � ♦. � ♦ 1. � ♦ � � I 1 I low if I m M: , 10140 RU 11 101001TA I N 911,170 . 1 , T OTAL POS SIBLE II SITES X 365 1A II A 14 NUM ACTUAL SPACE NIGHTS SUM OF OF ACTUAL O CCUP IE D SPA F OR EACH DAY IN CALEND *CCU PE l 12 ' TA CANCY RATE I 1 E F