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HomeMy WebLinkAbout2008 01 07 Regular 600 Fire Assessment Study ReportCOMMISSION AGENDA Consent ITEM 600 Informational Public Hearin I Regular .I X I January 7, 2008 MGR../"' /DEPT Special Meeting Authorization REQUEST: City Manager requesting the Commission to receive the Fire Assessment Study Report from Government Services Group. PURPOSE: This agenda item is needed for the Commission to receive Government Services Group's (GSG) Fire Assessment Study Report. CONSIDERATIONS: On December 10, 2007 the Commission set a date of January 7, 2008 for a special meeting on this issue. On July 24, 2007 the Commission approved the City to contract with GSG to perform Phase I (of II) of the work necessary for the City to implement a Fire Assessment Program in the City of Winter Springs. GSG has completed this work, including the attached report and the associated rate options, for ensuing implementation of the program in Winter Springs. Representatives from GSG will be present to present their report to the Commission. Upon presentation of the report and receipt of Commission comments and approval, GSG will move to Phase II of the program. This phase will include preparation of the associated Ordinance and Assessment Resolutions to formally implement the program and adopt assessment rates for FY 2008. Upon adoption of the associated Ordinance and Assessment Resolutions and issuance of notices to property owners, GSG will then issue bills to property owners. FUNDING: Options for assessment rates to be levied and associated revenue generated are included on page 17 of the GSG report for Commission consideration. GSG will present these options as well as some additional scenarios for consideration and discussion. RECOMMENDATION: City Manager requests the Commission to review the GSG report and provide comments as deemed appropriate. The Commission will also need to make a decision on the assessment rate option it wishes to levy. ATTACHMENTS: 1. GSG Fire Assessment Study Report. COMMISSION ACTION: Winter Springs, Florida Fire Assessment Memorandum DECEMBER 2007 Presented by: Government Services Group, Inc. 1500 Mahan Drive, Suite 250 Tallahassee, Florida 32308 (850) 681-3717 (850) 224-7206 Fax Table of Contents ASSESSMENT MEMORANDUM ......................................................................................................................... 1 SERVICE DESCRIPTION AND ASSESSABLE COST CALCULATIONS .................................................................. 3 DETERMINATION OF FIRE RESCUE SERVICES DEMAND ...............................................................................12 COMPUTATION OF FIRE RESCUE ASSESSMENTS ..........................................................................................14 IMPLEMENTATION -PHASE 11 .........................................................................................................................22 Government Services Group, Inc. I i List of Tables Table 1- Fire Rescue Department Buildings/Facility Inventory ..........................................................................3 Table 2 - City of Winter Springs Fire Rescue Department Organizational Chart ............................................. ...5 Table 3 - Fire Rescue Department Apparatus Normal Staffing Requirements ............................................... ...6 Table 4 - Fire Rescue Department Apparatus Fire Flow ................................................................................... ...6 Table 5 - Fire Rescue Department Minimum Response Protocol .................................................................... ...7 Table 6 - Fire Rescue Assessable Cost Calculations (FY 2007-08) ................................................................. 10 Table 7 - Fire Rescue Assessable Cost Calculations Proforma (FY 2008-09 thru FY 2010-11) .................... 11 Table 8 - Fire Calls by Category (Fiscal Year 2005-06) ..................................................................................... 13 Table 9 - Cost Apportionment (FY 2007-08) ...................................................................................................... 15 Table 10 -Parcel Apportionment within Property Use Categories ................................................................... 15 Table 11 -Parcel Apportionment Residential Property Use Category .............................................................. 16 Table 12 -Parcel Apportionment Non-Residential Property Use Category ...................................................... 17 Table 13 -Preliminary Fire Rescue Assessment Rates (FY 2007-08) Scenario 1(100% Funding Generates $3,837,892 Gross Revenues) .......................................... 17 Table 14 -Alternative Fire Rescue Assessment Rates (FY 2007-08) Scenario 2 (100% Funding Generates $3,241,101 Gross Revenues) ......................................... 17 Table 15 -Estimated Impact of Exemptions (FY 2007-08) (100% Funding) Scenario 1 ............................... 19 Table 16 -Estimated Impact of Exemptions (FY 2007-08) (100% Funding) Scenario 2 ............................... 19 Table 17 -Estimated Impact of Uncollected First-year Revenues (FY 2007-08) (100% Funding) Scenario 1 .............................................................................................................. 19 Table 18 -Estimated Impact of Uncollected First-year Revenues (FY 2007-08) (100% Funding) Scenario 2 .............................................................................................................. 20 Table 19 -Critical Events Schedule ................................................................................................................... 24 Government Services Group, Inc. I ii Appendices Appendix A -Situation Found Codes & Descriptions Appendix B -Fixed Property Use Codes & Descriptions Appendix C -Seminole County Property Appraiser Building Improvement Codes and Use Descriptions Government Services Group, Inc. I iii Assessment Memorandum INTRODUCTION Government Services Group, Inc. (GSG) specializes in government finance and taxation issues by working with cities, counties, special districts and state agencies to develop unique funding and service delivery solutions for critical infrastructure and service needs. GSG has developed extensive experience in structuring and implementing alternative revenue sources in Florida. The City of Winter Springs (City) has entered into a professional services agreement with GSG to provide specialized services in the development and implementation of a non-ad valorem assessment program to fund fire services within the incorporated areas of the City (Fire Assessment Project). GSG retained Nabors, Giblin & Nickerson, P.A. (NG&N) to provide legal guidance on the project. The objective of the Fire Assessment Project was to develop and implement an annual assessment program to fund the City's provision of fire services (Fire Assessment). The annual assessment will be collected by using the separate bill for Fiscal Year 2007-08 and then by using the property tax bill beginning in November 2008. This document is the Fire Assessment Memorandum (Assessment Memorandum), which is one of the project deliverables specified in the scope of services. The work effort, documented by this Assessment Memorandum, focused on the calculation of assessment rates and classifications required to fully fund the identified assessable costs to provide fire services within the City for Fiscal Year 2007-08. However, the City has the choice of funding all or only a portion of the assessable costs based on policy direction. In addition, the work effort recorded in this Assessment Memorandum required the identification of the full costs of assessable fire services (minus all revenues) and the allocation of those costs to properties that specially benefit from the provision of such fire services. Currently, fire services provided within the City are funded by the General Fund. OBJECTIVES The City retained GSG to develop an annual recurring special assessment program so that it is capable of funding all of the assessable costs associated with providing fire services. The annual assessment will be collected by using the separate bill for Fiscal Year 2007-08. Commencing with Fiscal Year 2008-09, the collection of the fire assessment will use the property tax bill collection process provided in section 197.3632, Florida Statutes (Uniform Method). Because the fire assessment will be collected using the Uniform Method, the data available on the ad valorem tax roll will be used to develop the Fiscal Year 2007-08 assessment program, as well as the subsequent years' programs. Accordingly, the challenge for the City is to develop anon-ad valorem assessment program which uses property information that is or will be on the ad valorem tax roll. To this end, GSG has been charged to fully cost the services to be provided by the City, develop a fair and reasonable apportionment methodology for such assessable costs, and determine assessment rates and parcel classifications that are accurate, fair and reasonable. Government Services Group, Inc. I 1 The fire non-ad valorem assessments must meet the Florida case law requirements for a valid special assessment. These requirements include the following: 1. The service provided must confer a special benefit to the property being assessed; and 2. The costs assessed must be fairly and reasonably apportioned among the properties that receive the special benefit. The work effort of this project required the evaluation of data obtained from the City, Seminole County, and from the State Fire Marshal's database to develop a fire assessment program that focuses on the proposed Fiscal Year 2007-08 assessable cost calculations. The objectives of this initial effort were to: • Determine the full costs of providing fire services within the City. • Review such final cost determination with the City to determine which elements provide the requisite special benefit to the assessed properties. • Determine the relative benefit anticipated to be derived by categories of property use within the City from the delivery of fire services. • Recommend the fair and reasonable apportionment of assessable costs among benefited parcels within each category of property use. • Calculate assessment rates and parcel classifications for Fiscal Year 2007-08 based on the proposed Fiscal Year 2007-08 assessable cost calculations. • Ensure that the recommended assessment rates and parcel classifications conform to the statutory requirements of the Uniform Method. Government Services Group, Inc. I 2 Service Description and Assessable Cost Calculations APPORTIONMENT METHODOLOGY The calculation of assessment rates for fire services depends on three separate, but interconnected, pieces of data. The first data element is the identification of the full cost of providing fire services through the development and determination of the assessable costs of providing such services. The second data element is the analysis of service delivery data, segregated to property use categories (i.e., fire call data). The third and final data component is a comprehensive analysis of all property use categories within the City to determine which parcels receive a special benefit from the provision of fire services and to identify a fair and reasonable method of apportioning the assessable costs among all benefited parcels within each property use category. The recommended fire services apportionment methodology allocates assessable costs on the basis of the anticipated demand for fire services by categories of real property use as identified on the real property assessment roll prepared for the levy of ad valorem taxes. The assessable fire costs are allocated among real property use categories based upon the historical demand for these services. This demand is identified by examining the fire incident data as reported by the City to the State Fire Marshal's office. SERVICE DELIVERY DESCRIPTION The City of Winter Springs's Fire Rescue Department provides standard fire suppression, advanced life support (ALS), emergency medical rescue services, hazmat response, state disaster response, emergency response and disaster preparedness, fire prevention and safety education. The City has an ISO rating of four. The Fire Rescue Department facilities inventory is comprised of three fire rescue stations. Table 1 identifies the Fire Rescue Department's buildings/facility inventory, as well as the corresponding physical location address for the facility. Table 1 Fire Rescue Department Buildings/Facility Inventory Station Address Station 24 102 N. Moss Road, Winter Springs FL Station 26 850 Northern Way, Winter Springs, FL Station 28 1126 E. State Road 434, Winter Springs, FL Source: City of Winter Springs The City has an Automatic Aid/First Response Interlocal Agreement with Seminole County and the surrounding Seminole County cities for fire and rescue services. The intent of the agreement is to provide reciprocal fire and rescue assistance on a first response basis utilizing the fire rescue units nearest the incident. It is also intended to provide the most efficient fire protection services to properties within the City of Winter Springs. Central communication services are provided by Seminole County Government Services Group, Inc. I 3 through this agreement. Since all parties equally benefit from this agreement, there is no monetary compensation for services provided to or from the City. Tables 2 through 5 outline the Fire Rescue Department's current service operations and service components. Table 2 outlines the Fire Rescue Department's organizational structure. Table 3 describes the normal staffing for each apparatus. This information is used in the development of the Administrative Factor, as further discussed in the "Development of Factors" section of this Assessment Memorandum. Table 4 lists the location and the fire flow/pumping capacity of the Fire Rescue Department's apparatus. This information is used to determine the square footage cap for non-residential properties. Table 5 details the Fire Rescue Department's response protocol. Government Services Group, Inc. I 4 Table 2 City of Winter Springs Fire Rescue Department Organizational Chart City of Winter Springs Organizational Chart Fire Chief Administrative ~~~~ Assistant ~~~~~~ ~ Data Entry Clerk Deputy Fire Chief Operations Training Division Chief ~~A,~ Battalion Chief ..B,. Battalion Chief Sta. 24 Lieutenant 3 firefighters 2 firefighter medics Sta. 26 Lieutenant 3 firefighters 2 firefighter medics Sta. 28 Lieutenant 1 firefighter medic Sta. 24 Lieutenant 3 firefighters 2 firefighter medics Sta. 26 Lieutenant 3 firefighters 2 firefighter medics Sta. 28 Lieutenant 1 firefighter medic Government Services Group, Inc. I 5 Table 3 Fire Rescue Department Apparatus Normal Staffing Requirements Apparatus Normal Staffing Engine Vehicle 4 Personnel Rescue Vehicle 2 Personnel Pumper Vehicle 2 Personnel Battalion Vehicle 1 Personnel Source: City of Winter Springs Table 4 Fire Rescue Department Apparatus Fire Flow Apparatus Location Fire Flow (GPM) Engine 24 Station 24 1,500 GPM Engine 124 Station 24 1,250 GPM Engine 26 Station 26 1,250 GPM Pumper 28 Station 28 300 GPM Total GPM 4,300 GPM Source: City of Winter Springs The current pumping capacity is defined as the combined amount of water that all apparatus in the Fire Rescue Department can pump to a first alarm non-residential fire. As outlined by Table 4 above, the pumping capacity of the City's Fire Rescue Department is 4,300 gallons per minute. However, because of the automatic aid agreement with Seminole County and surrounding Seminole County cities, unlimited pumping resources from all automatic aid agencies would exist. The available pumping capacity would be able to provide sufficient fire-flow capacity to provide service coverage in the event of a fire involving structures for unlimited square feet.1 Therefore, it is reasonable and appropriate based upon the Fire Rescue Department's automatic aid agreement with surrounding agencies, to determine that sufficient fire-flow capacity exists to provide unlimited service coverage. i Source: National Fire Protection Association, "NFPA 220 Standards on Types of Building Construction: Fire-Flow Guide." Government Services Group, Inc. I 6 Table 5 Fire Rescue Department Minimum Response Protocol Call Type Response* Structure Fire -Residential 3 Engines, Ambulance, Combined Medical, RIT, 2 Battalion Chiefs Smoke in Structure -Residential 3 Engines, Ambulance, Combined Medical, 2 Battalion Chiefs Mechanical Alarm Commercial 3 Engines, Battalion Chief Mechanical Alarm Residential 3 Engines, Battalion Chief Smoke Odor in Structure 3 Engines, Battalion Chief Water Flow Alarm 3 Engines, Battalion Chief Mechanical Alarm Commercial (Reduced) 1 Engine Mechanical Alarm Residential (Reduced) 1 Engine Water Flow Alarm (Reduced) 1 Engine Child Locked In Vehicle 1 Combined Medical Hazardous Condition Public Assist 1 Combined Medical 1 Combined Medical Source: City of Winter Springs *combined medical unit could bean engine or rescue unit; ambulance same as rescue unit DEVELOPMENT OF FACTORS FIRE RESCUE V. EMERGENCY MEDICAL SERVICES In June 2000, litigation over the City of North Lauderdale fire rescue assessment program resulted in a decision by the Fourth District Court of Appeals in the case of SMM Properties. Inc. v. City of North Lauderdale, (the "North Lauderdale" case). The Fourth District Court of Appeals concluded that Emergency Medical Services (EMS) did not provide a special benefit to property. The Court, however, reaffirmed that fire suppression, fire prevention, fire/building inspections and first response medical services do provide a special benefit to property. In August 2002, the Florida Supreme Court upheld the decision of the Fourth District Court of Appeals. To address these concerns, GSG has developed a methodology that removes the costs associated with emergency medical services. The apportionment methodology only utilizes fire incident report data related to non-EMS calls. The proposed Fiscal Year 2007-08 projected departmental costs were allocated between fire rescue and emergency medical services because of the Florida Supreme Court's opinion in City of North Lauderdale v. SMM Properties that emergency medical services (above the level of first response) does not provide a special benefit to property. Accordingly, the fire rescue costs were split from emergency medical service costs based on the following general guidelines. DIRECT ALLOCATIONS To the extent that certain line items could be allocated directly to fire, direct allocations were made. For example, all costs associated with "Protective Clothing" were allocated entirely to fire. All costs directly related to emergency medical services were removed entirely. Government Services Group, Inc. I 7 ADMINISTRATIVE FACTOR Certain line items were allocated between fire and EMS based on an Administrative Factor. This Administrative Factor is derived by creating a ratio between non-EMS or fire personnel and total combat personnel across all shifts within a 24-hour period. On average, under normal staffing, the City has 13 non-EMS personnel and 4 EMS personnel, for a total of 17 combat personnel. This normal staffing yields a 76.47% percent non-EMS Administrative Factor. The Administrative Factor was then adjusted to account for any expenses directly related to fire prevention. The number of fire prevention positions across all shifts within a 24-hour period is added to the total fire combat personnel for the same 24-hour period. The ratio of these total positions to the total number of combat positions across all shifts within a 24-hour period results in an adjustment to the Administrative Factor. The City's adjusted Administrative Factor for non-EMS is 77.36%. This percentage was then applied to all applicable line items to allocate the costs that could not be directly allocated as fire costs or EMS costs, and that could not be operationally allocated. For example, an adjusted Administrative Factor was applied to the personnel expenditures for salaries and benefits, and the line item expenditures for "Electric Expense," "Uniforms," and "Utility Services" to determine the fire service costs of these line items. OPERATIONAL FACTOR Other assessable cost line items may also be allocated between fire and EMS based on an Operational Factor. The Operational Factor is derived by creating a ratio between non-EMS (i.e. fire) calls and EMS calls, and this ratio which is based on the Fire Rescue Department's operations, was applied to certain budget line items such as "Repair & Maintenance Vehicles," and "Fuel & Oil." To develop the Operational Factor for the City, GSG obtained fire rescue incident data identifying the number of fire rescue calls made to property categories within the City over cone-year period (Fiscal Year 2005-06). The City fire rescue incident data was used to determine the demand for fire rescue services. GSG obtained information from Seminole County in an electronic format, identifying the number and type of fire rescue incident responses for the 2005-06 Fiscal Year. This file was then joined with County dispatch records in order to identify calls that occurred within the City. Duplicate dispatches (more than one city responding to a single call) were removed to allow for a single fire response for each incident. The State Fire Marshal's office uses the Florida Fire Incident Reporting System (FFIRS). This system is a tool for fire rescue departments to report and maintain computerized records of fire rescue incidents and other department activities in a uniform manner. Under this system, a series of basic phrases with code numbers are used to describe fire rescue incidents. Appendix A provides a codes list for the "type of situation found" as recorded on the fire rescue incident reports used to identify EMS and non-EMS ca Ils. The ratio between non-EMS (i.e. fire) calls and EMS calls is then applied to all applicable line items to allocate the costs that could not be directly allocated as fire costs or EMS costs, and that could not be administratively allocated. For the 2006 calendar year, the City reported 2,427 total fire rescue incident calls to FFIRS, of which 731 were non-EMS (i.e. fire) calls and 1,665 were EMS calls. This information results in a 30.5% non-EMS Operational Factor. Government Services Group, Inc. I 8 ASSESSABLE COST CALCULATIONS The fire rescue assessable cost calculations for Fiscal Years 2007-08 through 2011-12 are based on the following assumptions for the purpose of this Fire Rescue Assessment Memorandum. • Unless more accurate information was available, a seven percent annual increase was applied across all "Personnel Services," and a three percent annual increase was applied to "Operating Expenses," "Capital Outlay" and "Revenues." • Revenues are shown as a reduction of the total projected expenditures for each fiscal year, thereby reducing the total assessable costs for that year. Revenues are comprised of revenues directly received from or for the delivery of fire rescue services, such as fire prevention fees and State of Florida firefighter supplemental compensation. All revenues were allocated directly to fire. • The line item "Statutory Discount" under "Miscellaneous Assessment Expenditures" reflects a 95% collection of the Fire Rescue Assessment to cover the 4% statutory discount allowed by the Uniform Method and 1% reserve for under collection. Accordingly, the statutory discount is budgeted at 5% of the total assessable costs. • The line item "Assessment Study Reimbursement" under "Miscellaneous Assessment Expenditures" is the reimbursement to the City for the costs of conducting the assessment study. These costs are reimbursable through the assessment program. • Pursuant to section 197.3632, Florida Statutes, the tax collector and property appraiser may each enter into an agreement with the local government for reimbursement of necessary administrative costs incurred from the collection of the non-ad valorem assessment. Accordingly, if any such fee(s) is charged, the fee may be recouped as an add-on to the total assessable costs for the year. The line item "Collection Costs (Tax Collector)" under "Miscellaneous Assessment Expenditures" reflects reimbursement for the collection costs associated with the non-ad valorem assessment incurred by the Tax Collector. Pursuant to section 197.3632, Florida Statues, a municipal or county government shall only compensate the tax collector for the actual costs of collecting the non-ad valorem assessment. The applied collection charge is estimated to be adequate to cover the Tax Collector's actual collection costs for the first year delinquents to be collected on the November 2008 tax bill (approximately 25% non-collection estimated). Government Services Group, Inc. I 9 Table 6 provides a calculation of the assessable costs for Fiscal Year 2007-08 based on an application of the above factors to the Fiscal Year 2007-08 Budget as provided by the City. The calculation yields an assessable cost of $3,837,892 for Fiscal Year 2007-08. Table 6 Fire Rescue Assessable Cost Calculations (FY 2007-OS) FY 2007 - 08 FY 2007 - 08 Fire Budget Assessable Budget Expenditures Salaries and Wage Expenses $3,945,128 $3,087,555 Utility Expenses $27,500 $21,274 Repair and Maintenance Expenses $63,000 $36,087 General Office and Administrative Expenses $22,100 $17,096 General Operating Expenses $104,380 $52,871 Uniforms and Protective Clothing Expenses $42,000 $37,019 Subscriptions, Books and Membership Expenses $9,250 $7,156 Employee Development $26,300 $20,345 Debt Service Expense $394,220 $305,669 Total Expenditures $4,633,878 $3,585,073 Revenues Fire Inspection and Plan Review Fees ($57,745) ($57,745) Total Revenues ($57,745) ($57,745) Additional Costs Collection Costs @ 2% (tax collector) $17,637 Statutory Discount @ 5% (4% early payment / 1% non-collection) $176,367 Study Reimbursement - Phase I $81,000 Notice Costs $17,780 Separate Bill Costs $17,780 Total Additional Costs $310,564 Total Assessable Funding Requirement $4,576,133 $3,837,892 Government Services Group, Inc. I 10 Table 7 shows the calculation of the full cost of the Fire Rescue Assessment Program for Fiscal Year 2008-09 through Fiscal Year 2010-11. Table 7 Fire Rescue Assessable Cost Calculations Proforma (FY 2008-09 thru FY 2010-11) FY 08-09 FY 09-10 FY 10-11 Assessable Assessable Assessable Budget Budget Budget Personnel Expenses $3,385,106 $3,703,484 $3,962,729 Operating Expenses $197,603 $207,660 $239,418 Capital Outlay Expenses $ 20,026 $20,627 $21,245 Total Expenditures $3,602,735 $3,931,771 $4,223,393 Revenue $(59,477) $(61,262) $(63,100) Total Revenue $(59,477) $(61,262) $(63,100) Collection Costs (Tax Collector) $70,866 $77,411 $83,206 Statutory Discount @ 5% $177,163 $193,526 $208,015 Notice Costs $17,780 Total Miscellaneous Expenditures $265,809 $270,937 $291,221 Total Assessable Funding Requirement $3,809,067 $4,141,447 $4,451,514 Government Services Group, Inc. I 11 Determination of Fire Rescue Services Demand INCIDENT DATA GSG obtained information from Seminole County in an electronic format, identifying the number and type of fire rescue incident responses for the 2005-06 fiscal year. This file was then joined with County dispatch records in order to identify calls that occurred within the City. Duplicate dispatches (more than one city responding to a single call) were removed to allow for a single fire response for each incident. The City uses the Florida Fire Incident Reporting System (FFIRS) to record its fire rescue incidents. The FFIRS is a tool for fire rescue departments to report and maintain computerized records of fire rescue incidents and other department activities in a uniform manner. Under this system, a series of basic phrases with code numbers are used to describe fire rescue incidents. A data field in the FFIRS, "type of situation found," identifies the incident as an EMS or non- EMS type of call for each incident. Appendix A provides a codes list for the "type of situation found" as recorded on the fire rescue incident reports used to identify EMS and non-EMS calls. Another data field in the FFIRS, "fixed property use," identifies the type of property that fire rescue departments respond to for each fire rescue incident. The fixed property uses correlate to property uses determined by the Seminole County Property Appraiser on the ad valorem tax roll. Appendix B provides a codes list for the "fixed property use" as recorded on the fire rescue incident reports. GSG analyzed the Fiscal Year 2005-06 (October 1, 2005 to September 30, 2006) fire rescue incident data from the FFIRS files to evaluate trends and determine if aberrations were present. City fire rescue incident data for the 2006 Fiscal Year represents 2,427 fire rescue incidents. Of the 2,427 fire rescue incidents, there were 1,665 incidents classified as EMS type incidents based on the type of situation found indicated on the incident report. The 1,665 EMS type incidents were not included in the analysis. There are certain fire rescue incidents that could not be assigned to a specific property or parcel. These calls represent non-specific type incidents, which are incidents that either could not be correlated to a specific parcel or calls that involved auto accidents and other types of incidents along roads and highways. Of the 762 remaining fire type incidents, 508 were calls to specific property uses. The remaining 254 incidents were considered non-specific type incidents. Because of the inability to correlate these non- specific type incidents to specific property categories, the call analysis does not include these 254 incidents. Because of the urbanized character of the City, the suppression of fires on vacant land and agricultural property primarily benefits adjacent property by containing the spread of fire rather than preserving the integrity of the vacant parcel. Thus, incidents to vacant and agricultural property were not included in the final analysis of the fire call database. The 31 calls to these two property use categories were removed. Using the fixed property use codes, the remaining 477 fire type incidents corresponding to specific properties were initially assigned to the following property use categories: residential, commercial, industrial/warehouse, and institutional. Incidents to government properties, religious buildings, institutional parcels, and educational properties were aggregated into an "institutional" category and incidents to hotels or motels were aggregated into the "commercial" category. Government Services Group, Inc. I 12 Table 8 outlines the property use category assignment of fire type incidents based on the analysis conducted. Table 8 Fire Calls by Category (Fiscal Year 2005-06) Category Number of Percentage Incidents of Calls Residential 404 84.7% Commercial 43 9.0% Industrial/Warehouse 3 0.6% Institutional 27 5.7% Total 477 100% Source: City of Winter Springs Fire Rescue Department (2007) PROPERTY DATA GSG obtained information from the ad valorem tax roll from the Seminole County Property Appraiser's office to develop the assessment roll. Each property use within the assessable area on the ad valorem tax roll was assigned to one or more of the property use categories based on their assignment of use by the Seminole County Property Appraiser or verification of use obtained through field research. A list of building improvement codes used by the Seminole County Property Appraiser is provided as Appendix C. For parcels assigned to the Single Family Residential Property Use Category, GSG utilized the total number of dwelling units for each category as determined from the building files on the ad valorem tax roll or through the use of field research. For parcels within the Non-Residential Property Use Category (commercial, industrial/warehouse, and institutional), GSG utilized the amount of square footage of the non-residential structures as determined from the building files on the ad valorem tax roll or through the use of field research. In those cases where 50% or more of the building use matched the DOR property use classification, the DOR property use was used for the building use classification. For those cases where less than 50% of the building use matched the DOR property use classification, the City completed fieldwork to determine the building use. Government Services Group, Inc. I 13 Computation of Fire Rescue Assessments ASSESSMENT CLASSIFICATIONS This section of the Memorandum includes the recommended parcel classifications and preliminary assessment rates as calculated within this Assessment Memorandum. The City fire rescue assessment cost calculations provided herein are primarily based on information supplied by the City. The assessable cost projections developed by GSG are designed to forecast preliminary assessment rates within each property use category for Fiscal Year 2007-08. SPECIAL BENEFIT ASSUMPTIONS The following assumptions support a finding that the fire rescue services, facilities, and programs provided by the City provide a special benefit to the assessed parcels. Fire rescue services, facilities, and programs possess a logical relationship to the use and enjoyment of property by: (i) protecting the value and integrity of improvements and structures through the availability and provision of comprehensive fire rescue services; (ii) protecting the life and safety of intended occupants in the use and enjoyment of property; (iii) lowering the cost of fire insurance by the presence of a professional and comprehensive fire rescue program; and (iv) containing fire incidents occurring on land with the potential to spread and endanger other property and property features. • The availability and provision of comprehensive fire rescue services enhances and strengthens the relationship of such services to the use and enjoyment of the parcels of property, the market perception of the area and, ultimately, the property values within the assessable area. APPORTIONMENT METHODOLOGY The following section describes the recommended assessment apportionment methodology for fire rescue services based on: (i) the fire rescue assessable cost calculations; (ii) the ad valorem tax roll maintained by the property appraiser and the availability of the data residing on the database; and (iii) the fire rescue incident data. COST APPORTIONMENT The Fiscal Year 2007-08 assessable costs calculation was apportioned among property use categories based upon the historical demand for fire rescue services reflected by the fire incident data for the Fiscal Year 2006. This apportionment is illustrated in Table 9. Government Services Group, Inc. I 14 Table 9 Cost Apportionment (FY 2007-OS) Category Number of Incidents Percentage Percentage of FY 2007-08 of Calls Assessable Costs Residential 404 84.7% $3,250,542 Commercial 43 9.0% $345,973 Industrial/Warehouse 3 0.6% $24,138 Institutional 27 5.7% $217,239 Total 477 100% $3,837,892 PARCEL APPORTIONMENT The share of the assessable costs apportioned to each property use category was further apportioned among the individual buildings of property within each property use category in the manner described in Table 10. Table 10 Parcel Apportionment within Property Use Categories Category Parcel Apportionment Residential Dwelling Unit Non-Residential -Commercial Square Footage -Industrial/Warehouse -Institutional Applying the foregoing parcel apportionment methodology, fire rescue assessment rates were computed for each property use category. The specific methodology, underlying special benefit, and fair apportionment assumptions are generally described below. RESIDENTIAL PARCEL APPORTIONMENT ASSUMPTIONS The following assumptions support findings that the parcel apportionment applied in the Residential Property Use Category is fair and reasonable. The Residential Property Use Category includes such properties as single-family dwelling units and multi-family dwelling units. • Under this apportionment methodology, the size or the value of the residential parcel does not determine the scope of the required fire rescue services. The potential demand for fire rescue services is driven by the existence of a dwelling unit and the anticipated average occupant population. • Apportioning the assessed costs for fire rescue services attributable to the residential property use category on a per dwelling unit basis is required to avoid cost inefficiency and unnecessary administration, and is a fair and reasonable method of parcel apportionment based upon historical fire call data. RESIDENTIAL PARCEL APPORTIONMENT CALCULATION Based upon the historical demand for fire rescue services, the percentages of assessable costs attributable to residential properties were calculated. The amount of the assessable costs allocable to residential property was divided by the number of dwelling units in the Residential Property Use Category to compute the fire assessment to be imposed against each dwelling unit. For each residential parcel, Government Services Group, Inc. I 15 the actual number of dwelling units located on the parcel will be multiplied by the residential dwelling unit rate to compute the residential fire rescue assessment amount for the parcel. Table 11 illustrates the assignment of dwelling units under this apportionment methodology to the Residential Property Use Category. Table 11 Parcel Apportionment Residential Property Use Category Residential Property Use Category Number of Dwelling Units Residential 12,716 Source: Seminole Co. Property Appraiser, (2007) NON-RESIDENTIAL PARCEL APPORTIONMENT ASSUMPTIONS The Non-Residential Property Use Category includes commercial, industrial/warehouse, and institutional property uses. The capacity to handle fires and other emergencies in the Non-Residential Property Use Category is governed by the following: The current pumping capacity is defined as the combined amount of water that all apparatus in the Fire Rescue Department can pump to a first alarm non-residential fire. As outlined by Table 4, the pumping capacity of the City's Fire Rescue Department is 4,300 gallons per minute. However, because of the automatic aid agreement with Seminole County and surrounding Seminole County cities, unlimited pumping resources from all automatic aid agencies would exist. The available pumping capacity would be able to provide sufficient fire-flow capacity to provide service coverage in the event of a fire involving structures for unlimited square feet.2 Therefore, it is reasonable and appropriate based upon the Fire Rescue Department's automatic aid agreement with surrounding agencies, to determine that sufficient fire-flow capacity exists to provide unlimited service coverage. The following assumption supports findings that the parcel apportionment applied in the Non-Residential Property Use Category is fair and reasonable. • The separation of the non-residential buildings by actual square footage is fair and reasonable for the purpose of parcel apportionment because the demand for fire rescue services is determined and measured by the actual square footage of structures and improvements within benefited parcels. NON-RESIDENTIAL PARCEL APPORTIONMENT CALCULATION Based upon the historical demand for fire rescue services, property in the Non-Residential Property Use Classification will be responsible for funding a percentage of assessable costs. The amount of the assessable costs allocable to each non-residential parcel will be based upon the aggregate of all non- residential building square footage situated on the parcel. The non-residential assessment rate was determined by multiplying the percent of total fire calls attributable to non-residential property by the total assessable costs. This calculated amount of assessable costs was then divided by the number of non-residential square feet to obtain an assessment per square foot. 2 Source: National Fire Protection Association, "NFPA 220 Standards on Types of Building Construction: Fire-Flow Guide." Government Services Group, Inc. I 16 Table 12 illustrates the assignment of unlimited square footage for parcels under this apportionment methodology in the Non-Residential Property Use Category. Table 12 Parcel Apportionment Non-Residential Property Use Category Non-Residential Property Number of Use Categories Square Feet Total Commercial 766,042 Totallndustrial/Warehouse 534,065 Total Institutional 1,297,555 Source: Seminole Co. Property Appraiser, (2007) COMPUTATION OF FIRE RESCUE ASSESSMENT RATES Applying the parcel apportionment methodology, fire rescue assessment rates were computed for each specified property use category. Based on the assessable costs of providing fire rescue services, the number of fire calls apportioned to specific property categories and the number of billing units within the specified property categories, Table 13 illustrates the preliminary assessment rates after application of the assessment methodology based on 100 percent funding of the total assessable costs for Fiscal Year 2007-08. This scenario includes the costs associated with the purchase of a new fire vehicle as well as the costs related to the preparation and implementation of the fire assessment program, which total approximately $596,790. Table 13 Preliminary Fire Rescue Assessment Rates (FY 2007-OS) Scenario 1(100% Funding Generates $3,837,892 Gross Revenues) Residential Property Rate Per Dwelling Unit Use Categories Residential $256.00 Non-Residential Property Rate Per Square Foot Use Categories Commercial $0.46 Industrial/Warehouse $0.05 Institutional $0.17 *Estimated Gross Revenue: $3,837,892; Estimated Exempt Buy-down: $220,051; Estimated Net Revenue: $3,617,841. Table 14 illustrates an alternative rate scenario for Fiscal Year 2007-08. This scenario excludes the costs associated with the purchase of a new fire vehicle as well as the costs related to the preparation and implementation of the fire assessment program, which total approximately $596,790. Table 14 Alternative Fire Rescue Assessment Rates (FY 2007-OS) Scenario 2 (100% Funding Generates $3,241,101 Gross Revenues) Residential Property Rate Per Dwelling Unit Use Categories Residential $216.00 Non-Residential Property Rate Per Square Foot Use Categories Commercial $0.39 Industrial/Warehouse $0.04 Institutional $0.15 *Estimated Gross Revenue: $3,241,101; Estimated Exempt Buy-down: $194,127; Estimated Net Revenue: $3,046,974. Government Services Group, Inc. I 17 EXEMPTIONS AND IMPACT OF EXEMPTIONS Because the fire rescue assessment is being developed to meet the case law standards for a valid special assessment, any proposed exemptions require special scrutiny. The crafting of an exemption must be founded upon a legitimate public purpose, and not tramp on state or federal constitutional concepts of equal protection and constitutional prohibitions against establishment of religion or the use of the public treasury directly or indirectly to aid religious institutions. Furthermore, to ensure public acceptance, any exemption must make common sense and be fundamentally fair. Finally, the impact of any proposed exemption should be evaluated in terms of its magnitude and fiscal consequences on the City's general funds. Whenever crafting an exemption, it is important to understand that the fair apportionment element required by Florida case law prohibits the shifting of the fiscal costs of any special assessment from exempt landowners to other non-exempt landowners. In other words, the funding for an exemption from a special assessment must come from a legally available external revenue source, such as the City's general fund. Funding for fire assessment exemptions cannot come from the proceeds derived directly from the imposition of special assessments for fire services and facilities. Because any exemption must be funded by an external funding source, the grant of any exemption will not have any impact upon the fire assessment to be imposed upon any other non-exempt parcels. Whether or not the City decides to fund exemptions for fire rescue assessments on property owned by non-governmental entities would be based upon a determination that such exemptions constituted a valid public purpose. The importance of special assessments on non-governmental, tax-exempt parcels has been addressed by the Florida Supreme Court in Sarasota County v. Sarasota Church of Christ. 667 So.2d 180 (Fla. 1995) (In reciting the facts of the case on appeal, the Court stated that the party challenging the assessment consisted of religious organizations or entities owning developed real property in Sarasota County [the Churches] that are exempt from ad valorem taxes but not from special assessments.) The funding of exemptions for non-governmentally owned institutional property wholly exempt from ad valorem taxes could be based on a finding that such properties provide facilities and uses to their ownership, occupants or membership, as well as the public in general, that otherwise might be required to be provided by the City. Such a finding would be the basis for a determination that such properties served a legitimate public purpose or provided a public benefit that merited the City's funding of an exemption from the fire rescue assessment. In identifying an appropriate exemption scheme, the City should be cautious not to confuse the ownership of a parcel with the parcel's use. For example, a determination to exempt properties used for institutional purposes would have to be extended to similar institutional property owned by entities created for profit, as well as institutional property owned by non-profit or governmental entities. However, if the City wanted to make the policy decision to narrow the exemption to only institutional property owned by not-for-profit entities, it might consider adding a second test to the exemption which afforded exemptions to institutional properties which were wholly exempt from ad valorem taxes. Adding the tax- exemptcriteria further narrows the exemption on awell-tested tax-exempt premise. Whether the City decides to charge governmental entities or fund exemptions on governmentally owned property requires somewhat different considerations. First, a forced sale of government property is not available as an enforcement mechanism. The charge to governmentally owned parcels would be more akin to a service fee for each government parcel's proportionate benefit from the availability and provision of fire rescue services by the City. The billing would be direct, received by government buildings and facilities. Enforcement would be by judicial proceedings to require payment. As to each level of government, differing concepts of immunity and other statutory provisions or case law decisions may prevent collection or frustrate special assessment imposition. Government Services Group, Inc. I 18 State and federal laws contain a patchwork of provisions exempting certain governmental property owners from the payment of special assessments. For example, section 423.02, Florida Statutes, exempts certain housing projects from the payment of special assessments. This general law does provide that a housing authority may agree with a local government to make payments in lieu of taxes, but past experience is that such an agreement, if in existence at all, under-funds the impact of such properties on a City's fire assessable cost calculations. Accordingly, if the City chooses to exempt governmentally-owned property from the fire rescue assessment and fund such costs from inter-local agreement with the affected government or from the City's general fund, it is important that the City take steps to set up a reasonable contingency within its general budget to fund the cost incurred in providing fire rescue services to governmentally-owned properties. Tables 15 and 16 summarize the estimated impact for Fiscal Year 2007-08 of exempting institutional, wholly tax-exempt and governmental property under both budget scenarios. Table 15 Estimated Impact of Exemptions (FY 2007-OS) (100% Funding) Scenario 1 Financial Classification Amount Estimated Assessable Costs Estimated Buy-down for Institutional Tax-Exempt and Government $3,837,892 $220,051 Estimated Revenue Generated $3,617,841 Table 16 Estimated Impact of Exemptions (FY 2007-OS) (100% Funding) Scenario 2 Financial Classification Amount Estimated Assessable Costs Estimated Buy-down for Institutional Tax-Exempt and Government $3,241,101 $194,127 Estimated Revenue Generated $3,046,974 POTENTIAL IMPACT OF UNDERCOLLECTIONS The method of collection preferred by the City is to include the fire assessment on the property tax bill beginning in November of 2008. For the period prior to the tax bill for Fiscal Year 2008-09, the City may use a separate bill to collect the fire assessment. Collection rates for assessments included on the tax bill are typically higher than what the City can expect to experience using a separate bill. Unpaid fire assessments by separate bill may be included on the Fiscal Year 2008-09 tax bill; however, that money may not be collected until the following year. Tables 17 and 18 summarize the estimated impact for uncollected revenues for Fiscal Year 2007-08. Separate bill and tax bill collection methods are discussed in the Implementation -Phase II Section to follow. Table 17 Estimated Impact of Uncollected First-year Revenues (FY 2007-OS) (100% Funding) Scenario 1 Financial Classification Amount Estimated Net Revenue Generated* $3,617,841 Potential Un-collected Shortfall (25%) $904,460 Estimated First-year Net Revenue Generated $2,713,381 *Net of buy-down for institutional Tax-Exempt and Governmental Tax-Exempt. Government Services Group, Inc. I 19 Table 18 Estimated Impact of Uncollected First-year Revenues (FY 2007-OS) (100% Funding) Scenario 2 Financial Classification Amount Estimated Net Revenue Generated* $3,046,974 Potential Un-collected Shortfall (25%) $761,744 Estimated First-year Net Revenue Generated $2,285,231 *Net of buy-down for institutional Tax-Exempt and Governmental Tax-Exempt. OUTSTANDING ISSUES NON-RESIDENTIAL BUILDING USE CLASSIFICATIONS The non-residential property information obtained from the Seminole County Property Appraiser's office was incomplete for purposes of developing the fire assessment methodology. The building use classifications used for ad valorem purposes could not be used to determine each building use for the fire assessment methodology; therefore, certain assumptions were made for the fire assessment methodology. In those cases where 50% or more of the building use matched the DOR property use classification, the DOR property use was used for the building use classification. For those cases where less than 50% of the building use matched the DOR property use classification, the City completed fieldwork to determine the building use. As a result of these assumptions, incomplete or incorrect building use data could consequently affect the estimated assessment rates. EXEMPTION OF INSTITUTIONAL, TAX-EXEMPT PARCELS (NON-GOVERNMENTAL) The aggregate cost for the fire rescue services that are available to institutional, wholly tax-exempt properties was estimated as part of the Institutional Property Use Category based on an analysis of each parcel's use. The fair apportionment concepts in the methodology provided within this Assessment Memorandum require an identification of the calls for service to these properties and, therefore, their respective costs. In the event that a policy decision is made to exempt institutional, tax-exempt property, the proportional assessed costs allocated to such exemptions must be funded from other legally available sources because the financial burden of such exemption cannot be apportioned to non-exempt parcels. With any exemption, care should be taken to craft and ensure anon-discriminatory exemption class based upon valid public purpose concepts. EXEMPTION OF GOVERNMENTAL PARCELS In addition to the institutional, wholly tax-exempt properties, the aggregate cost for fire rescue services provided to schools and governmental properties (municipalities, county, state, federal and any sovereign state or nation) was also estimated as part of the Institutional Property Use Category based on an analysis of each parcel's use. The fair apportionment concepts in the methodology provided within this Assessment Memorandum require an identification of the calls for service to these properties and, therefore, their respective costs. In the event that a policy decision is made to exempt governmental property, the proportional assessed costs allocated to such exemptions must be funded from other legally available sources because the financial burden of such exemption cannot be apportioned to non- exempt parcels. Government Services Group, Inc. I 20 EXEMPTION CALCULATIONS GSG utilized the most current data to identify institutional, tax-exempt and governmental parcels within the City in order to calculate the aggregate cost (`buy down') of these parcels. In addition, best efforts were made by GSG to reconcile any differences necessary to calculate the estimated buy down for these two exemption categories. Missing or incorrect property data could affect the estimated aggregate costs. AUTOMATIC AID AGREEMENT Because the City provides aid to and receives automatic aid from Seminole County and other neighboring Seminole County cities without clearly delineating those call differences, GSG made its best effort to remove any duplicate calls from the FFIRS call data. ADMINISTRATIVE FACTOR CALCULATION The administrative factor calculation was based on information provided by the City for anticipated staffing levels. Any changes to those projections would result in a revised administrative factor which could lower the amount of assessable costs to be collected. Government Services Group, Inc. I 21 mplementation -Phase Separate Bill (Fiscal Year 2007-08) The following section describes all of the steps required to implement and collect the fire rescue assessment on a separate bill for Fiscal Year 2007-08 and transition to the ad valorem tax bill in Fiscal Year 2008-09 and thereafter. Following this section is a critical events schedule identifying specific dates for all significant remaining events for the City to comply with those expected to be prescribed by the City's proposed home rule ordinance authorizing the imposition of the annual fire rescue assessments. Assuming the City decides to proceed, a draft home rule ordinance will be provided that will outline the procedural steps and notifications required to impose a recurring annual fire rescue assessment using a separate bill or the tax bill collection method. To use the tax bill collection process, a local government must follow the strict procedures provided in section 197.3632, Florida Statutes (Uniform Method). A local government must initiate the process almost a year before it intends to begin using the Uniform Method to collect the assessments. The process begins with the passage of a resolution of intent prior to January 1 or, if the property appraiser, tax collector, and local government agree, March 1. The adoption of a resolution of intent does not obligate the local government to use the method or to impose a special assessment, but it is a prerequisite to using the Uniform Method. The local government must publish notice of its intent to consider a resolution to use the Uniform Method weekly for four consecutive weeks prior to a public hearing on the matter. If the resolution is adopted, the governing board must send a copy of it to the property appraiser, the tax collector, and the Florida Department of Revenue by January 10 or, if the property appraiser, tax collector, and local government agree, March 10. The City must comply with this requirement by adopting a resolution of intent and timely notifying the Seminole County Property Appraiser, the Seminole County Tax Collector and the Florida Department of Revenue. The City will complete this requirement by adopting a resolution of intent prior to January 1, 2008. Pursuant to the Home Rule Ordinance, an initial assessment resolution to be adopted by the City will be required. Such initial assessment resolution should, among other things, briefly describe the fire rescue assessment program, the method of apportionment, set a public hearing date for final consideration, and direct and authorize the mailed and published notifications to those property owners included on an initial assessment roll. Upon adoption of the initial assessment resolution, the City will have made the tentative decision to move forward with the imposition of special assessments to fund the fire rescue assessable cost calculations. After adopting the necessary implementing documentation, the local government must develop a computerized, non-ad valorem assessment roll that contains the basis and rate of the assessment and electronically applies it to each building subject to the assessment. The non-ad valorem assessment roll must utilize the parcel identification number and property use code classifications maintained by the property appraiser and be compatible with the ad valorem tax roll. The ordinance requires that the fire rescue service assessment roll must be adopted at a public hearing. At least 20 days prior to the public hearing, the City must publish notice of the hearing in a newspaper of general circulation within the government's boundaries and by individual first class United States mail to the owners of property subject to the assessment. Government Services Group, Inc. I 22 At the public hearing, the City will adopt a final assessment resolution, which, among other things, will confirm the initial assessment resolution, articulate the rate of assessments, approve the assessment roll, and direct and authorize the method of collection. Once the final assessment resolution is adopted, the City will send separate bills to all affected property owners and provide a time period for payment. Tax Bill Fiscal Year 2008-09 and Thereafter To transition from using a separate bill to collect the fire rescue assessment to the tax bill collection method, the City will be required to follow the statutory deadlines provided in section 197.3632, Florida Statutes. In the first six months of 2008, the City will need to update the Fiscal Year 2007-08 fire rescue assessment program for Fiscal Year 2008-09. This will not require that a complete new study be performed, but both the assessment revenue requirements (budget) and the ad valorem tax roll data will need to be updated. In addition, any unpaid or delinquent amounts should be identified by parcel number, as these amounts may be included in the Fiscal Year 2008-09 assessment amount. Under section 197.3632, Florida Statutes, property appraisers must annually provide certain information to local governments by June 1 to assist the local government in the preparation of special assessment rolls to be collected under the Uniform Method. Pursuant to the Home Rule Ordinance, the City will be required to adopt a preliminary assessment resolution for Fiscal Year 2008-09. The preliminary assessment resolution will mirror the initial assessment resolution from Fiscal Year 2007-08 and should, among other things, briefly describe the fire rescue assessment program, the method of apportionment, set a public hearing date for final consideration, and direct and authorize the mailed and published notifications to those property owners included on an initial assessment roll. Statutory requirements to use the tax bill collection method provide that a service assessment roll must be adopted at a public hearing between January 1 and September 15 so the tax collector can merge it with the ad valorem tax roll and mail a single bill for the combined collection of assessments and ad valorem taxes. At least 20 days prior to the public hearing, a local government must publish notice of the hearing in a newspaper of general circulation within the government's boundaries and by individual first class United States mail to the owners of property subject to the assessment. The mailed notice can either be a separate notice much like the notice for Fiscal Year 2007-08 or the City may have the option to use the Truth-In-Millage (TRIM) notice to notify property owners of their respective fire rescue assessment amount. The use of TRIM is dependent upon the agreement of the property appraiser. Should the City obtain the permission of the Seminole County Property Appraiser, notification of the assessment amounts for Fiscal Year 2008-09 may be accomplished using the TRIM notice. If the City expects to employ the use of the TRIM notice, it is imperative to begin coordinating with the property appraiser early in the calendar year if it expects to use the TRIM notice. After the scheduled public hearing, the City will adopt a final assessment resolution, which, among other things, will confirm the initial assessment resolution, articulate the rate of assessments, approve the assessment roll, and direct and authorize the method of collection. Once the final assessment resolution is adopted and the roll certified on September 15 to the Seminole County Tax Collector to be collected along with ad valorem taxes, any minor modifications, corrections or errors must be made in accordance with the procedure applicable to the correction of errors on the tax roll, upon written direction from the City to the Seminole County Tax Collector. Collection of the special assessments and ad valorem taxes begins in November. Failure to pay the assessments and taxes result in the issuance of a tax certificate and may result in the sale of a tax deed. Government Services Group, Inc. I 23 IMPLEMENTATION SCHEDULE Outlined in Table 19 is a critical events schedule identifying specific dates for all significant remaining events for the City to implement the fire assessment program and collect the assessments using a separate bill for Fiscal Year 2007-08. Table 19 Critical Events Schedule Event Date Adopt Resolution of Intent December 10, 2007 City has first reading of Ordinance January 14, 2008 City Advertises Ordinance By January 18, 2008 City adopts Ordinance (2nd reading) January 28, 2008 City adopts Initial Assessment Resolution January 28, 2008 City Publishes Notice of Public Hearing to Adopt Final Assessment Resolution By February 4, 2008 Mail First Class Notice/Separate Tax Bill to Affected Parcel Owners By February 4, 2008 Public Hearing to Adopt Final Assessment Resolution February 25, 2008 Assessment Due April 30, 2008 Government Services Group, Inc. I 24 Appendix A SITUATION FOUND CODES & DESCRIPTIONS Code Description Type 100 Fire, Other Non-EMS 111 Building Fire Non-EMS 113 Cooking fire, confined to a container Non-EMS 116 Fuel burner/boiler malfunction, fire confined Non-EMS 130 Mobile property (vehicle) fire, other Non-EMS 131 Passenger vehicle fire Non-EMS 132 Road freight or transport vehicle fire Non-EMS 140 Natural vegetation fire Non-EMS 141 Forest, woods or wildland fire Non-EMS 142 Brush, or brush and grass mixture fire Non-EMS 143 Grass fire Non-EMS 150 Outside rubbish fire, other Non-EMS 151 Outside rubbish, trash or waste fire Non-EMS 154 Dumpster or other outside trash receptacle fire Non-EMS 161 Outside storage fire Non-EMS 162 Outside equipment fire Non-EMS 223 Air or gas rupture of pressure or process vessel Non-EMS 210 Overpressure rupture from steam, other Non-EMS 300 Rescue, EMS call, other EMS 311 Medical assist, assist EMS crew EMS 321 EMS call, excluding vehicle accident with injury EMS 322 Vehicle accident with injuries EMS 323 Motor vehicle/pedestrian accident (MV Ped) EMS 324 Motor Vehicle Accident, No Injuries EMS 331 Lock-in (if lock out, use 511) Non-EMS 350 Extrication, rescue, other Non-EMS 400 Hazardous condition, other Non-EMS 410 Flammable gas or liquid condition, other Non-EMS 411 Gasoline or other flammable liquid spill Non-EMS 412 Gas leak Non-EMS 413 Oil or other combustible liquid spill Non-EMS 422 Chemical spill or leak Non-EMS 424 Carbon monoxide incident Non-EMS 440 Electrical wiring equipment problem, other Non-EMS 444 Power line down Non-EMS 445 Arcing, shorted electrical equipment Non-EMS 463 Vehicle accident, general cleanup Non-EMS 480 Attempted burning, illegal action, other Non-EMS 500 Service call, other Non-EMS 510 Person in distress, other Non-EMS 511 Lock-out Non-EMS Government Services Group, Inc. ~ A-1 Code Description Type 520 Water problem, other Non-EMS 522 Water or steam leak Non-EMS 531 Smoke or odor removal Non-EMS 550 Public service assistance, other Non-EMS 551 Assist police or other governmental agency Non-EMS 552 Police matter Non-EMS 553 Public service Non-EMS 554 Assist invalid Non-EMS 561 Unauthorized burning Non-EMS 600 Good intent call, other Non-EMS 611 Dispatched & canceled en route Non-EMS 622 No incidentfound upon arrival Non-EMS 631 Authorized controlled burning Non-EMS 650 Steam, other gas mistaken for smoke, other Non-EMS 651 Smoke scare, odor of smoke Non-EMS 652 Steam, vapor, fog or dust thought to be smoke Non-EMS 653 Barbecue, tar kettle Non-EMS 671 Hazmat release investigation w/no hazmat Non-EMS 700 False alarm or false call, other Non-EMS 710 Malicious, mischievous false call, other Non-EMS 721 Bomb scare - no bomb Non-EMS 730 System malfunction Non-EMS 731 Sprinkler activation due to malfunction Non-EMS 732 Extinguishing system activation due to malfunction Non-EMS 733 Smoke detector activation due to malfunction Non-EMS 735 Alarm system sounded due to malfunction Non-EMS 740 Unintentional transmission of alarm, other Non-EMS 741 Sprinkler activation, no fire -unintentional Non-EMS 743 Smoke detector activation, no fire -unintentional Non-EMS 744 Detector activation, no fire -unintentional Non-EMS 745 Alarm system sounded, no fire -unintentional Non-EMS 814 Lightening strike (no fire) Non-EMS 900 Special type of incident, other, Dumpster fire Non-EMS Government Services Group, Inc. ~ A-2 Appendix B FIXED PROPERTY USE CODES & DESCRIPTIONS Fixed Property Use Description Category Assigned 000 FIXED PROP USE UNDETERMINED NON-SPECIFIC 100 UNKNOWN OTHER NON-SPECIFIC 110 FIXED USE RECREATION, OTHER COMMERCIAL 116 SWIMMING FACILITY COMMERCIAL 120 VARIABLE USE AMUSEMENT/RECREATION COMMERCIAL 123 ARENA/STADIUM COMMERCIAL 124 PLAYGROUND COMMERCIAL 130 PLACES OF WORSHIP,CHURCH,FUNERAL PARLOR INSTITUTIONAL 131 CHURCH/CHAPEL INSTITUTIONAL 140 CLUBS, OTHER COMMERCIAL 142 CLUB HOUSE COMMERCIAL 150 PUBLIC, GOVT, OTHER INSTITUTIONAL 161 RESTAURANT COMMERCIAL 213 ELEMENTARY SCHOOL INSTITUTIONAL 215 HIGH SCHOOL/JR HIGH/MIDDLE SCHOOL INSTITUTIONAL 254 DAY CARE-IN COMMERCIAL PROPERTY COMMERCIAL 300 HEALTHCARE/DETENTION OTHER INSTITUTIONAL 322 ALCOHOL/SUBSTANCE ABUSE RECOVERY CENTER INSTITUTIONAL 342 DOCTOR/DENTIST/SURGEONS OFFICE COMMERCIAL 363 REFORMATORY, JUVENILE DETENTION CENTER INSTITUTIONAL 365 POLICE STATION INSTITUTIONAL 400 RESIDENTIAL OTHER RESIDENTIAL 419 ONE-AND TWO-FAMILY DWELLING RESIDENTIAL 429 MULTI-FAMILY DWELLINGS RESIDENTIAL 439 ROOMING, BOARDING, RESIDENTIAL HOTELS RESIDENTIAL 459 RESIDENTIAL BOARD AND CARE INSTITUTIONAL 500 MERCANTILE PROPERTIES OTHER COMMERCIAL 511 CONVENIENCE STORE COMMERCIAL 519 FOOD, BEVERAGE SALES, GROCERY STORE COMMERCIAL 549 SPECIALTY SHOPS COMMERCIAL 557 BARBER, BEAUTY SHOP, PERSONAL SERVICES COMMERCIAL 569 PROFESSIONAL SUPPLIES COMMERCIAL 571 SERVICE STATION COMMERCIAL 579 MOTOR VEHICLE, BOAT SALES/SERVICE/REPAIRS COMMERCIAL 580 GENERAL ITEM STORES, OTHER COMMERCIAL Government Services Group, Inc. I B-1 581 DEPARTMENT STORE COMMERCIAL 592 BANK W/FIRST STORY BANKING FACILITY COMMERCIAL 596 POST OFFICE OR MAILING FORMS INSTITUTIONAL 599 BUSINESS OFFICES COMMERCIAL 700 MANUFACTURING PROPERTY, PROCESSING INDUSTRIAL/WAREHOUSE 807 OUTSIDE MATERIAL STORAGE AREA INDUSTRIAL/WAREHOUSE 808 SHED NON-SPECIFIC 880 VEHICLE STORAGE; OTHER INDUSTRIAL/WAREHOUSE 882 GENERALVEHICLE PARKING GARAGE INDUSTRIAL/WAREHOUSE 888 FIRE STATIONS INSTITUTIONAL 900 OUTSIDE, SPECIAL PROPERTIES; OTHER NON-SPECIFIC 926 OUTBUILDING, EXCLUDING GARAGE NON-SPECIFIC 931 OPEN LAND, FIELD VACANT 936 VACANT LOT VACANT 938 GRADED AND CARED FOR PLOTS OF LAND AGRICULTURAL 960 STREET, OTHER NON-SPECIFIC 961 DIVIDED HIGHWAY, HIGHWAY NON-SPECIFIC 962 PAVED PUBLIC STREET, RESIDENTIAL NON-SPECIFIC 963 PAVED PRIVATE STREET, COMMERCIAL NON-SPECIFIC 965 UNCOVERED PARKING AREA NON-SPECIFIC 981 CONSTRUCTION SITE NON-SPECIFIC 983 PIPELINE, POWER LINE RIGHT OF WAY NON-SPECIFIC NNN NONE NON-SPECIFIC UUU UNDETERMINED NON-SPECIFIC Government Services Group, Inc. I B-2 Appendix C SEMINOLE COUNTY PROPERTY APPRAISER BUILDING IMPROVEMENT CODES AND USE DESCRIPTIONS Code Description Category 01 SINGLE FAMILY RESIDENTIAL 02 MULTI FAMILY < 10 UNITS RESIDENTIAL 03 BARNS/SHEDS NOT USED /FIELDWORK 04 CONDOS RESIDENTIAL 0600 MULTI FAMILY LESS THAN 10 RESIDENTIAL 0900 MULTI FAMILY 10 OR MORE RESIDENTIAL 1100 STORES -RETAIL COMMERCIAL 1302 DISCOUNT STORE COMMERCIAL 1400 SUPERMARKET COMMERCIAL 1600 SHOPPING CENTER -LOCAL COMMERCIAL 1700 OFFICE -ONE STORY COMMERCIAL 1800 OFFICE -MULTI STORY COMMERCIAL 1900 PROFESSIONAL BUILDINGS COMMERCIAL 2100 RESTAURANTS COMMERCIAL 2200 FAST FOOD COMMERCIAL 2300 FINANCIAL INSTITUTIONS COMMERCIAL 2500 SERVICE SHOP COMMERCIAL 2600 SERVICE STATION COMMERCIAL 2700 AUTO/MARINA/BUS TERMINAL/SHOWROOM COMMERCIAL 2800 PARKING GARAGE/OPF COMMERCIAL 3400 BOWLING ALLEYS/SKATING RINKS COMMERCIAL 3800 CLUBHOUSE COMMERCIAL 4100 LIGHT MFG. PRE-ENG. BUILDING INDUSTRIAL/WAREHOUSE 4800 DISTRIBUTION WAREHOUSE INDUSTRIAL/WAREHOUSE 4900 STORAGE WAREHOUSE INDUSTRIAL/WAREHOUSE 7100 CHURCHES INSTITUTIONAL 7200 COLLEGES/SCHOOLS PRIVATE INSTITUTIONAL 7201 DAY CARE COMMERCIAL 7600 MORTUARY INSTITUTIONAL 7700 CLUBS/LODGES/HALLS INSTITUTIONAL 8200 FOREST -PARKS INSTITUTIONAL 8300 SCHOOLS PUBLIC INSTITUTIONAL 8600 COUNTY BUILDINGS INSTITUTIONAL 8800 FEDERAL BUILDINGS INSTITUTIONAL 8900 CITY BUILDINGS INSTITUTIONAL 8901 CITY BUILDINGS/CONVERTED RESIDENTIAL INSTITUTIONAL 9100 PUBLIC SERVICE OFFICE INSTITUTIONAL Government Services Group, Inc. ~ C-1 Date: January 7, 2008 This was provided to the City Commission at the January 7, 2008 City Commission Special Meeting during Regular Agenda Item "600". G3G CITY OF WINTER SPRINGS FIRE DEPARTMENT ASSESSMENT PROGRAM WORKSHOP January 7, 2008 Presented by: Government Services Group, Inc. 1500 Mahan Drive, Suite 250 Tallahassee, Florida 32308 (850) 681-3717 GSG Topics of Discussion • Special Assessments -Case Law Criteria • Data Components • Apportionment Methodology • Remaining Issues • Policy Direction • Schedule 2 ~~ Case Law Requirements • Special Benefit to Property and • Fair and Reasonable Apportionment GSG 3 G3G Examples of Special Benefit • Fire Protection • Street Improvements • Parking Facilities • Downtown Redevelopment • Solid Waste • Sewer Improvements • Stormwater 4 G3G No Special Benefit Case Law: • Public Hospitals • Public Health Units • Emergency Medical Services Not Litigated Yet: • Law Enforcement • Pa rks a nd Recreation 5 GSG I Fair and Reasonable Apportionment • Logically and factually driven method must be developed to spread the costs a mong the benefited properties. • Does method of apportionment make sense in ~ terms of w hat is being provid ed ? • Legislative determination receives j ud icia i deference. 6 ~~ G3G Data Components of the Apportionment Methodology • Service Delivery • Fire Department Budget • Call/Incident Data • Ad Valorem Tax Roll 7 GSG Service Delivery • Current fire department service levels - Fire rescue services (ALS certified) • Total number of combat personnel • Types of apparatus and fire flow capacity s GSG Proforma Budget Summary FY 07-08 Assessable Budget FY 08-09 Assessable Budget FY 09-10 Assessable Budget FY 10-11 Assessable Budget Personnel Expenditures Operating Expenditures Capital Outlay Expenditures $3,087,555 $191,848 $ 305,669 $3,385,106 $197,603 $ 20,026 $3,703,484 $207,660 $20,627 $3,962,729 $239,418 $21,245 Total Expenditures $3,585,072 $3,602,735 $3,931,771 $4,223,393 Revenue $(57,744) $(59,477) $(61,262) $(63,100) Total Revenue $(57,744) $(59,477) $(61,262) $(63,100) Collection Costs (Tax Collector) Statutory Discount @ 5% Notice Costs & Study Costs Total Miscellaneous Expenditures $17,637 $176,367 $116,560 $310,564 $70,866 $177,163 $17,780 $265,809 $77,411 $193,526 $270,937 $83,206 $208,015 $291,221 Total Assessable Funding Requirement $3,837,892 $3,809,067 $4,141,447 $4,451,514 9 • Cost A G S G pportionment: IBased On Historical Demand For Fire Services ^ Residential - 404 ^ Commercial - 43 ^ Industrial/Warehouse - 3 ZS~-F . ~ 10 ~~ GSG Cost Apportionment ~ Category Number of Incidents Percentage of Calls Percentage of FY 2007-08 Assessable Costs Residential 404 84.7% $3,250,542 Commercial 43 9.0% $345,973 Industrial/Warehouse 3 0.6% $24,138 Institutional 27 5.7% $217,239 Total 477 100% $3,837,892 11 ~~ Parcel Apportionment G3G Category Parcel Apportionment Residential Category Residential Dwelling Unit Non-Residential Categories Commercial Square Foot I n d ustria I/Warehouse Institutional 12 G3G Rate Scenarios Scenario 1: FY 2007-08 Budget $256 • Plus Fire Truck (portion $286,226) • PI us Statutory Discount ($176,367) • Plus Tax Collector Commission ($17,637) • Plus Study Implementation costs ($116,560) • Total $3,837,892 Scenario 2: FY 2007-08 Budget $247 • Plus Fire Truck (portion $286,226) • PI us Statutory Discount ($176,367) • No Tax Collector Commission • No Study Implementation costs • Total $3,703,695 13 G3G Rate Scenarios (con't) Scenario 3: FY 2007-08 Budget $236 • No Fire Truck • PI us Statutory Discount ($162,056) • Plus Tax Collector Commission ($17,637) • Plus Study Implementation costs ($116,560) • Total $3,535,923 Scenario 4: FY 2007-08 Budget $235 • Plus Fire Truck (portion $286,226) • No Statutory Discount • No Tax Collector Commission • No Study Implementation costs • Total $3,527,328 14 G3G Rate Scenarios (con't) Scenario 5: FY 2007-08 Budget $227 • No Fire Truck • PI us Statutory Discount ($162,056) • No Tax Collector Commission • No Study Implementation costs • Total $3,403,157 Scenario 6: FY 2007-08 Budget $216 • No Fire Truck • No Statutory Discount • No Tax Collector Commission • No Study Implementation costs • Total $3,241,101 15 ~~ G3G Preliminary Fire Rescue Assessment Rates (FY 2007-08) Scenario 1 (100°/a Funding Generates $3,837,892 Gross Revenues) Residential Property Rate Per Dwelling Unit Use Categories Residential $256.00 Non-Residential Property Rate Per Square Foot Use Categories Commercial $0.46 Industrial/Warehouse I nstitutiona I $0.05 $0.17 16 ~~ G3G Alternative Fire Rescue Assessment Scenario 2 (100% Funding Generates $3,703,695 Gross Revenues) Industrial/Warehouse $0.05 Institutional $0.17 17 Residential Property Rate Per Dwelling Unit Use Categories Residential $247.00 Non-Residential Property Rate Per Square Foot Use Categories ~ Commercial $0.44 ~~ G3G Alternative Fire Rescue Assessment Scenario 3 (100% Funding Generates $3,535,923 Gross Revenues) Industrial/Warehouse $0.05 Institutional $0.16 18 Residential Property Rate Per Dwelling Unit Use Categories Residential $236.00 Non-Residential Property Rate Per Square Foot Use Categories Commercial $0.42 ~~ G3G Alternative Fire Rescue Assessment Scenario 4 (100% Funding Generates $3,527,328 Gross Revenues) Industrial/Warehouse $0.05 Institutional $0.16 19 Residential Property Rate Per Dwelling Unit Use Categories Residential $235.00 Non-Residential Property Rate Per Square Foot Use Categories Commercial $0.42 ~~ GSG Alternative Fire Rescue Industrial/Warehouse $0.05 Institutional $0.15 20 Assessment Scenario 5 (100% Funding Generates $3,403,157 Gross Revenues) Residential Property Rate Per Dwelling Unit Use Categories Residential $227.00 Non-Residential Property Rate Per Square Foot Use Categories Commercial $0.41 ~~ GSG Alternative Fire Rescue Assessment Scenario 6 (100% Funding Generates $3,241,101 Gross Revenues) Industrial/Warehouse $0.04 Institutional $0.15 21 Residential Property Rate Per Dwelling Unit Use Categories Residential $216.00 Non-Residential Property Rate Per Square Foot Use Categories Commercial $0.39 ~~ Remaining Issues 1. Estimated Collections & Exemptions • Exemption of institutional, tax-exempt (non governmental) parcels • Exemption of govern menta I property 3. Separate Bill Process 4. FY 2008-09 Process on Tax Bi I I GS 22 G GSG I Estimated Collections Scenario 1 S256 Rate Financial Classification Amount Estimated Assessable Costs $3,837,892 Estimated Buy-down for Institutional Tax-Exempt and Government $220,051 Estimated Revenue Generated $3,617,841 Financial Classification Amount Estimated Un-collected Shortfall (25%) ($904,460) Estimated First Year Revenue Generated (Sep Bill) $2,713,381 23 GSG I Estimated Collections Scenario 2 5247 Rate Financial Classification Amount Estimated Assessable Costs $3,703,695 Estimated Buy-down for Institutional Tax-Exempt and Government $220,024 Estimated Revenue Generated $3,483,671 Financial Classification Amount Estimated Un-collected Shortfall (25%) ($870,918) Estimated First Year Revenue Generated (Sep Bill) $2,612,753 24 GSG I Estimated Collections Scenario 3 5236 Rate Financial Classification Amount Estimated Assessable Costs $3,535,923 Estimated Buy-down for Institutional Tax-Exempt and Government $207,097 Estimated Revenue Generated $3,328,826 Financial Classification Amount Estimated Un-collected Shortfall (25%) ($832,207) Estimated First Year Revenue Generated (Sep Bill) $2,496,620 25 GSG I Estimated Collections Scenario 4 $235 Rate Financial Classification Amount Estimated Assessable Costs $3,527,328 Estimated Buy-down for Institutional Tax-Exempt and Government $207,094 Estimated Revenue Generated $3,320,234 Financial Classification Amount Estimated Un-collected Shortfall (25%) ($830,059) Estimated First Year Revenue Generated (Sep Bill) $2,490,176 26 GSG I Estimated Collections Scenario 5 S227 Rate Financial Classification Amount Estimated Assessable Costs $3,403,157 Estimated Buy-down for Institutional Tax-Exempt and Government $194,175 Estimated Revenue Generated $3,208,982 Financial Classification Amount Estimated Un-collected Shortfall (25%) ($802,246) Estimated First Year Revenue Generated (Sep Bill) $2,406,737 27 ~_ Estimated Collections Scenario 6 $216 Rate Financial Classification Amount Estimated Assessable Costs $3,241,101 Estimated Buy-down for Institutional Tax-Exempt and Government $194,127 Estimated Revenue Generated $3,046,974 Financial Classification Amount Estimated Un-collected Shortfall (25%) ($761,744) Estimated First Year Revenue Generated (Sep Bill) $2,285,231 28 ~~ GSG Implementation Schedule Event Dates GSG Provides Draft Report To City December 3, 2007 City Comments To GSG Re: Draft Assessment Report December 7, 2007 City Adopts Resolution of Intent December 10, 2007 GSG Conducts City Commission Workshop Re: Final Assessment Report January 7, 2008 City Adopts Ordinance January 28, 2008 GSG Mails Notices/City Publishes February 4, 2008 Public Hearin~/Final Resolution Adoption February 25, 2008 GSG Sends Separate Bills March 4, 2008 Payment Deadline April 30, 2008 Notice To Proceed -Fiscal Year 2008-09 May 2008 29 G3G Policy Direction • Separate bill & tax bill • Rate scenarios • Exemption policy • Schedule • Other Issues 30