HomeMy WebLinkAbout2008 05 12 Public Hearings 500 Resolution 2008-25 Final Rates for Fire Assessment ProgramCOMMISSION AGENDA
ITEM 500
Public Hearing
May 12, 2008
Regular Meeting
Authorization
REQUEST: City Manager requesting City Commission to consider approval of Resolution 2008-
25 which implements and provides for final rates for the Fire Assessment Program
in the City of Winter Springs for FY 2008.
PURPOSE: This agenda item is needed for the City Commission to consider approval of Resolution
2008-25 which provides for final rates for the Fire Assessment Program in the City of
Winter Springs fir FY 2008
CONSIDERATIONS:
On March 24, 2008, the Commission approved Ordinance 2008-01 which established the authority to
implement a Fire Assessment Program in the City of Winter Springs if and when the Commission may
choose to do so. Such implementation of a Fire Assessment Program requires further adoption of an
Initial and Final Rate Resolution.
On April 14, 2008, the Commission approved Initial Rate Resolution 2008-13 which establishes initial
rates for the Fire Assessment Program and provides for notice to affected property owners of those rates
as well as notice of a final public hearing on May 12, 2008.
In approving Resolution 2008-13, the Commission chose to utilize the "second" assessment
methodology provided by the assessment consultants, Government Services Group, Inc. (GSG), and set
initial rates under Alternative B (75% of the assessable recurring costs of fire services) as shown below:
Tier 1 Rates
Hazard Class 7
Property
Cate o
Alternative A
100% Rates * Approved "
Alternative B
75% Rates
Alternative C
50% Rates
Sin le Famil Residential $115 $86 $58
Mobile Home $115 $86 $58
Multi Famil Residential $218 $167 $109
Commercial $241 $181 $121
Industrial/Warehouse $58 $44 $29
Impacts
As previously discussed, when comparing a parcel owner's fire assessment rate to their property tax
savings from the 24% millage reduction, a percentage of parcel owners will realize a net increase in cost
(pay more) and a percentage of parcel owners will realize a net decrease in cost (pay less). Alternative
B, approved by the Commission under the Initial Rate Resolution, results in 60% of Single Family
parcel owners will pay more. This percentage of parcel owners paying more is significantly reduced to
33% under Alternative C. The Commission has the option to reduce the assessment rates below the
level approved in the Initial Rate Resolution, but may not increase the rate without re-notice to property
owners.
Impacts of each rate alternative is provided below:
Property
Alternative A 100% * Approved
Alternative B 75%
Alternative C 50%
Category Pa More Pa Less : Pa More Pa Less : Pa More Pa Less
Sin le Famil 79% 21 % 60% 40% 33% 67%
Multi Famil 71% 29% 58% 42% 46% 54%
Mobile Home 100% 0% 100% 0% 100% 0%
Commercial 61 % 39% 53% 47% 34% 66%
Industrial 64% 36% 46% 54% 18% 82%
The table below provides rates for the Single Family Residential Property Category under tiers 1-5:
Single Family Residential
Tier 1-5 Rates
Rate
Tier
Associated
S uare Foota a
Alternative A
100% Rates "Approved "
Alternative B
75% Rates
Alternative C
50% Rates
1 0 -1,199 $115 $86 $58
2 1,200 - 1,999 $173 $129 $87
3 2,000 - 3,099 $230 $172 $116
4 3,100 - 4,499 $288 $215 $145
5 4,500 - 6,099 $345 $258 $174
A Final Rate Resolution is provided for consideration herein utilizing rates approved in the Initial Rate
Resolution (i.e., Alternative B). Additionally, a Final Rate Resolution utilizing rates under Alternative
C is also provided herein if the Commission should desire to go that route.
Upon adoption of the chosen Final Rate Resolution, assessment bills will be mailed to affected property
owners in Winter Springs with payment due by June 16, 2008. Property owners who pay prior to this
date will be eligible fora 4% statutory discount. Property owners will also be eligible to apply for an
installment payment plan. Installments will be in 3 equal monthly payments with the first payment due
June 16, 2008. Installment plan participants will not be eligible for the statutory discount.
FUNDING:
*Approved
FY 2008 No Alternative Alternative
Assessment B C
Assessable Amount $0 $2,900,000 $2,900,000
Percent Funding/Rates 75% 50%
Gross Revenue 0 2,175,000 1,450,000
Exemptions & Est.
Non-Collectable (615,000) (410,000)
Est. Net Revenue $0 $1,560,000 $1,040,000
Budgeted Revenue 2,375,000 2,375,000 2,375,000
Est. Reserves Required $2,375,000 $815,000 $1,335,000
RECOMMENDATION:
It is recommended that the Commission consider taking one of the following actions:
1. Do nothing, i.e., do not adopt the Fire Assessment Program.
2. Adopt an Final Rate Resolution, 2008-25, under one of the following rate structures,
providing for implementation of the Fire Assessment Program and mailing of bills to affected
property owners:
a. 75% of assessment rates (max rates without re-notice)
b. 50% of assessment rates
3. Any other actions the Commission deems appropriate.
ATTACHMENTS:
1. Resolution 2008-25 (Alternative B - 75% Rates)
2. Resolution 2008-25 (Alternative C - 50% Rates)
The only difference in the Final Rate Resolutions between Alternatives B and C are the rates.
Therefore, only the Final Rate Resolution under Alternative B - 75% rates has been provided herein.
COMMISSION ACTION:
CITY OF WINTER SPRINGS, FLORIDA
FINAL ASSESSMENT RESOLUTION
ADOPTED MAY 12, 2008
TABLE OF CONTENTS
Page
SECTION 1. AUTHORITY ...................................................................................3
SECTION 2. DEFINITIONS AND INTERPRETATION ...................................... ...3
SECTION 3. CAPACITY UNIT MITIGATION CREDIT ...................................... ... 3
SECTION 4. IMPOSITION OF FIRE PROTECTION ASSESSMENTS ............. ... 5
SECTION 5. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION..... ... 8
SECTION 6. EFFECT OF ADOPTION OF RESOLUTION ............................... ... 8
SECTION 7. SEVERABILITY ............................................................................ ...8
SECTION 8. EFFECTIVE DATE ....................................................................... ...9
APPENDICES:
APPENDIX A: AFFIDAVIT REGARDING NOTICE MAILED
TO PROPERTY OWNERS .......................................................... A-1
APPENDIX B: PROOF OF PUBLICATION ......................................................... B-1
APPENDIX C: FIRE FLOW MITIGATION CREDIT POLICY ............................... C-1
RESOLUTION NO. 2008- 2 5
CITY OF WINTER SPRINGS, FLORIDA
A RESOLUTION OF THE CITY OF WINTER SPRINGS,
FLORIDA, RELATING TO THE PROVISION OF FIRE
RESCUE SERVICES, FACILITIES AND PROGRAMS IN
THE CITY OF WINTER SPRINGS, FLORIDA; IMPOSING
FIRE RESCUE ASSESSMENTS AGAINST ASSESSED
PROPERTY LOCATED WITHIN THE CITY, FOR THE
FISCAL YEAR THAT BEGAN OCTOBER 1, 2007;
PROVIDING A FIRE FLOW MITIGATION CREDIT POLICY;
APPROVING THE RATE OF ASSESSMENT; APPROVING
THE ASSESSMENT ROLL; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of Winter Springs, Florida (the "City
Commission"), has enacted Ordinance No. 2008-01 (the "Ordinance"), which authorizes
the imposition of Fire Rescue Assessments for fire rescue services, facilities, and
programs against Assessed Property located within the City;
WHEREAS, the imposition of a Fire Rescue Assessment for fire rescue services,
facilities, and programs each fiscal year is an equitable and efficient method of
allocating and apportioning the Fire Rescue Assessed Cost among parcels of Assessed
Property;
WHEREAS, the City Commission desires to implement a fire rescue assessment
program in the City using the procedures provided by the Ordinance for the Fiscal Year
that began on October 1, 2007;
WHEREAS, the City Commission, on April 14, 2008, adopted Resolution
No. 2008-13 (the "Initial Assessment Resolution");
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WHEREAS, the Initial Assessment Resolution 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; estimates rates of assessment; and
directs the updating and preparation of the Assessment Roll and provision of the notice
required by the Ordinance;
WHEREAS, in order to impose Fire Rescue Assessments for the Fiscal Year that
began October 1, 2007, the Ordinance requires the City Commission to adopt a Final
Assessment Resolution which 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;
WHEREAS, the Assessment Roll has heretofore been made available for
inspection by the public, as required by the Ordinance;
WHEREAS, notice of a public hearing has been published and mailed, as
required by the terms of the Ordinance, which provides notice to all interested persons
of an opportunity to be heard; an affidavit regarding the form of notice mailed being
attached hereto as Appendix A and the proof of publication being attached hereto as
Appendix B; and
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WHEREAS, a public hearing was held on May 12, 2008, and comments and
objections of all interested persons have been heard and considered as required by the
terms of the Ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WINTER SPRINGS, FLORIDA:
SECTION 1. AUTHORITY. This resolution is adopted pursuant to Ordinance
No. 2008-01; Resolution No. 2008-13; Article VIII, Section 2, Florida Constitution;
sections 166.021 and 166.041, Florida Statutes; and other applicable provisions of law.
SECTION 2. DEFINITIONS AND INTERPRETATION. This resolution
constitutes the Final Assessment Resolution as defined in Ordinance No. 2008-01. All
capitalized terms in this resolution shall have the meanings defined in the Ordinance
and the Initial Assessment Resolution.
SECTION 3. FIRE FLOW MITIGATION CREDIT.
(A) Although the City's fire fighting resources must still be present at the
scene of any fire incident, the Commission recognizes the potential benefits provided by
Certified Fire Suppression Systems or other fire resistant Building construction, and the
Commission desires to encourage existing and new Buildings to employ these types of
fire safety measures. Accordingly, the number of Capacity Units otherwise attributable
to such Buildings shall be adjusted by a Mitigation Credit determined in accordance with
the Mitigation Credit Policy, attached hereto as Appendix C and incorporated herein by
reference. No Mitigation Credit shall exceed 40% of the Building's assigned Capacity
Units.
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(B) Prior to June 16, 2008, the property owner shall file with the City Manager
an application under oath demonstrating entitlement to a Mitigation Credit in accordance
with the attached Mitigation Credit Policy. Such application shall include the following:
(1) The name and address of all Owners of the property;
(2) The address and legal description for the property;
(3) If seeking a Mitigation Credit fora Certified Fire Suppression
System, documentation on the type of Certified Fire Suppression System installed in the
Building and proof that the system was installed, inspected, monitored, and maintained
in accordance with the City's standards;
(4) If seeking a Mitigation Credit for fire resistant building construction,
documentation on the construction materials used for all exterior walls and frames,
floors, roof, and supports; and
(5) The property owner shall furnish such other information relating to
the application as may be reasonably requested.
(C) The City Manager, with the assistance of other members of the
administrative staff of the City, shall, within fifteen (15) days after the filing of such
application, review the application and such other supporting data that may be filed
therewith and make such further investigation as may be reasonably required in order to
determine if the applicant is qualified for a Mitigation Credit pursuant to this Section.
(D) The City Manager shall furnish his written decision to such property owner
by United States mail, postage prepaid, addressed to the property owner at the address
stated on the application on or before the expiration of ten (10) days following the filing
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of the application determining if the property is or is not qualified for a Mitigation Credit
pursuant to this Section.
(E) If the City Manager determines that such property is entitled to a Mitigation
credit pursuant to this Section, then the City Manager shall adjust both the number of
Capacity Units assigned to said property in accordance with the Mitigation Credit Policy
and the resulting Fire Rescue Assessment in accordance with the procedures provided
in Section 2.12 of Ordinance No. 2008-01.
SECTION 4. IMPOSITION OF FIRE RESCUE ASSESSMENTS.
(A) The parcels of Assessed Property described in the Assessment Roll,
which is hereby approved, are hereby found to be specially benefited by the provision of
the fire rescue services, facilities, and programs described or referenced in the Initial
Assessment Resolution, in the amount of the Fire Rescue Assessment set forth in the
Assessment Roll, a copy of which was present or available for inspection at the above
referenced public hearing and is incorporated herein by reference. It is hereby
ascertained, determined and declared that each parcel of Assessed Property within the
City will be specially benefited by the City's provision of fire rescue services, facilities,
and programs in an amount not less than the Fire Rescue Assessment for such parcel,
computed in the manner set forth in the Initial Assessment Resolution. Adoption of this
Final Assessment Resolution constitutes a legislative determination that all parcels
assessed derive a special benefit in a manner consistent with the legislative
declarations, determinations and findings as set forth in the Ordinance, the Initial
Assessment Resolution, and this Final Assessment Resolution from the fire rescue
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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 Initial Assessment Resolution.
(B) The method for computing Fire Rescue Assessments described and
referenced in the Initial Assessment Resolution is hereby approved. The Parcel
Apportionment methodology described in Appendix F of the Initial Assessment
Resolution and adopted in Section 7 of the Initial Assessment Resolution is hereby
approved.
(C) For the Fiscal Year that began October 1, 2007, the estimated Fire
Rescue Assessed Cost to be assessed is $2,175,000.00. The Fire Rescue
Assessments to be assessed and apportioned among benefited parcels pursuant to the
Cost Apportionment and Parcel Apportionment to generate the estimated Fire Rescue
Assessed Cost for the Fiscal Year that began October 1, 2007, are hereby established
as follows:
Rate Per Capacity
Residential Property Use Category Billing Unit
Single Family Residential $86.00
Multi Family Residential $164.00
Rate Per Capacity
Non-Residential Property Use Categories Billing Unit
Commercial $181.00
Industrial/Warehouse $44.00
Institutional $404.00
(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 that began
on October 1, 2007.
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(E) Government Property and Institutional Property whose uses are wholly or
partially exempt from ad valorem taxation under Florida law provide facilities and uses
to the ownership, occupants, and membership as well as the public in general that
otherwise might be requested or required to be provided by the City and such property
uses serve a legitimate public purpose and provide a public benefit. Therefore, it is fair
and reasonable not to impose Fire Rescue Assessments upon Buildings located on
such parcels of Government Property or Institutional Property whose Building uses are
exempt from ad valorem taxation under Florida law. Accordingly, no Fire Rescue
Assessment shall be imposed upon Buildings located on a parcel of Government
Property or Institutional Property whose Building uses are wholly exempt from ad
valorem taxation under Florida law. Further, no Fire Rescue Assessment shall be
imposed upon the portion of Buildings located on a parcel of Government Property or
Institutional Property whose Building uses are partially exempt from ad valorem taxation
under Florida law. Only the portion of such Buildings that are subject to ad valorem
taxation under Florida law and determined as such by the Property Appraiser shall be
subject to the Fire Rescue Assessment.
(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 authorized by the City Commission shall be supplemented by any legally
available funds, or combination of such funds, and shall not be paid for by proceeds or
funds derived from the Fire Rescue Assessments.
(G) As authorized in Section 2.13 of Ordinance No. 2008-01, interim Fire
Rescue Assessments are also levied and imposed against all property for which a
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Certificate of Occupancy is issued after adoption of this Final Assessment Resolution
based upon the rates of assessment approved herein.
(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, together with the correction of
any errors or omissions as provided for in Ordinance No. 2008-01, shall be billed,
collected and enforced pursuant to the alternative method of collection described in
Section 3.02 of Ordinance No. 2008-01 and Section 12 of the Initial Assessment
Resolution. The Board hereby directs the City Manager to mail said bills no later than
May 15, 2008.
SECTION 5. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION. The
Initial Assessment Resolution is hereby confirmed.
SECTION 6. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this
Final Assessment Resolution shall be the final adjudication of the issues presented
(including, but not limited to, the determination of special benefit and fair apportionment
to the Assessed Property, the method of apportionment and assessment, the rate of
assessment, the Assessment Roll and the levy and lien of the Fire Rescue
Assessments), unless proper steps shall be initiated in a court of competent jurisdiction
to secure relief within 20 days from the date of this Final Assessment Resolution.
SECTION 7. SEVERABILITY. If any clause, section or other part of this
resolution shall be held by any court of competent jurisdiction to be unconstitutional or
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invalid, such unconstitutional or invalid part shall be considered as eliminated and in no
way effecting the validity of the other provisions of this resolution.
SECTION 8. EFFECTIVE DATE. This Final Assessment Resolution shall take
effect immediately upon its passage and adoption.
PASSED AND ADOPTED this 12th day of May, 2008.
CITY OF WINTER SPRINGS, FLORIDA
Mayor
ATTEST:
City Clerk
(Corporate Seal)
APPROVED AS TO FORM AND CORRECTNESS:
City Attorney
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APPENDIX A
AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS
AFFIDAVIT OF MAILING
BEFORE ME, the undersigned authority, personally appeared Ronald W.
McLemore, Sandi Melgarejo, and Kathryn L. Griffith, who, after being duly sworn,
depose and say:
1. Ronald W. McLemore, as City Manager of the City of Winter Springs,
Florida ("City"), pursuant to a Fire Services Assessment Program Proposal dated July 9,
2007 between Government Services Group, Inc. ("GSG") and the City and the authority
and direction received from the City Commission, timely directed the preparation of the
Assessment Roll and the preparation, mailing, and publication of notices in accordance
with the Fire Rescue Assessment Ordinance adopted by the City Commission on
March 24, 2008 (the "Assessment Ordinance") and in conformance with the Initial
Assessment Resolution adopted by the City Commission on April 14, 2008 (the "Initial
Assessment Resolution").
2. Sandi Melgarejo is Project Coordinator for GSG. GSG has caused the
notices required by the Assessment Ordinance to be prepared in conformance with the
Initial Assessment Resolution. An exemplary form of such notice is attached hereto.
GSG has caused such individual notices for each affected property owner to be
prepared and each notice included the following information: the purpose of the
assessment; the total amount proposed to be levied against each parcel; the unit of
measurement to be applied against each parcel to determine the assessment; the
number of such units contained within each parcel; the total revenue the City expects to
collect by the assessment; a statement that failure to pay the assessment could result in
foreclosure proceedings against the property as well as the initiation of proceedings to
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compel payment by any means authorized by law, including the collection of any
delinquent amounts on a subsequent years' tax bill, which, if not paid, would cause a
tax certificate to be issued against the property which may result in a loss of title; a
statement that all affected property owners have a right to appear at the hearing and to
file written objections with the local governing board within 20 days of the notice; and
the date, time, and place of the hearing.
3. On or before April 21, 2008, GSG delivered and directed the mailing of the
above-referenced notices by Modern Mailers, Inc. ("Modern Mailers"), in accordance
with Sections 2.05 of the Assessment Ordinance and the Initial Assessment Resolution
by First Class Mail to each affected owner, at the addresses then shown on the real
property assessment tax roll database maintained by the Seminole County Property
Appraiser for the purpose of the collection of ad valorem taxes. Notices to property
owners receiving multiple individual notices were mailed, or caused to be mailed by
GSG on or before April 21, 2008.
4. Kathryn L. Griffith is Assistant General Manager of Modern Mailers. As
directed above, Modern Mailers, mailed or caused to be mailed on or before April 21,
2008, the above-referenced notices delivered to Modern Mailers by GSG.
FURTHER AFFIANTS SAYETH NOT.
Ronald W. McLemore, affiant
Sandi Melgarejo, affiant
Kathryn L. Griffith, affiant
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STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing Affidavit of Mailing was
day of , 2008 by Ronald W
Springs, Florida. He is personally known to
identification and did take an oath.
STATE OF FLORIDA
COUNTY OF LEON
sworn to and subscribed
McLemore, City Manager
me or has produced
Printed Name:
Notary Public, State of Florida
At Large
My Commission Expires:
Commission No.:
The foregoing Affidavit of Mailing was sworn to and subscribed before me this
day of , 2008 by Sandi Melgarejo, Project Coordinator, Government
Services Group, Inc., a Florida corporation. She is personally known to me or has
produced as identification and did take an oath.
Printed Name:
Notary Public, State of Florida
At Large
My Commission Expires:
Commission No.:
STATE OF FLORIDA
COUNTY OF LEON
The foregoing Affidavit of Mailing was sworn to and subscribed before me this
day of , 2008 by Kathryn L. Griffith, Assistant General Manager,
Modern Mailers, Inc., a Florida corporation. She is personally known to me or has
produced as identification and did take an oath.
Printed Name:
Notary Public, State of Florida
At Large
My Commission Expires:
Commission No.:
before me this
City of Winter
as
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APPENDIX B
PROOF OF PUBLICATION
APPENDIX C
MITIGATION CREDIT POLICY
Fire Rescue Special Assessment
Fire Flow Mitigation Credit Policy
Eligibility:
Parcels subject to a fire rescue special assessment may be granted a fire flow
mitigation credit applied to the Capacity Units calculated for the buildings located on the
parcel based on one of the following factors:
1. Parcels containing buildings equipped with an automatic sprinkler system or
other fire suppression system which is approved by the City and installed,
inspected, monitored, and maintained in accordance with the City's adopted
standards ("Certified Fire Suppression Systems"). Property owner must provide
proof of proper operation and maintenance annually to receive credit.
2. Parcels containing buildings that are otherwise designed to be more fire resistant
due to unique building construction.
No parcel shall receive less than 20% or more than 40% reduction in the Capacity Units
assigned to the buildings contained on the parcel for one or both of these factors, and
fire flow mitigation credits will be granted to property owners only.
Rationale:
Credits may be granted to parcels whose fire flow impacts on the City's Fire Rescue
Department (in terms of Capacity Units) are mitigated by a properly designed,
functioning and fully automated Certified Fire Suppression System or contain buildings
that are otherwise designed to be more fire resistant due to unique building
construction. The basis for these credits is as follows:
1) Parcels that contain buildings equipped with a Certified Fire Suppression System
may require less fire flow capacity to be provided by the City which may offset some
of the costs which might otherwise be borne by the City.
a) NFPA 1142, Standard on Water Supplies for Suburban and Rural Fire Fighting
(2007 edition), encourages the use of systems, methods, or devices of equivalent
or superior quality, strength, fire resistance, effectiveness, durability, and safety
in place of those prescribed by the standard; provided technical documentation is
submitted to the City to demonstrate equivalency and the system, method, or
device is approved for the intended purpose.
b) The City is permitted to reduce the water supply required for any building
pursuant to NFPA 1142 for manual fire-fighting purposes when a structure is
protected by an automatic sprinkler system that fully meets the requirements of
NFPA 13, NFPA 13D or NFPA 13R.
c) Winter Springs Ordinance No. 2001-54 establishes the City's standards for
automatic fire sprinkler system installation and maintenance.
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d) For any building fully or partially protected by an automatic fire suppression
system other than an automatic sprinkler system, the City shall determine the
minimum water supply required for the building for fire-fighting purposes pursuant
to NFPA 1142, Annex G or other applicable standards.
e) A Certified Fire Suppression System provides built-in fire protection, lessening
the fire suppression burden and the water supply need on the fire department.
2) Parcels that contain buildings that are otherwise designed to be more fire resistant
due to unique building construction require less fire flow capacity to be provided by
the City which may offset some of the costs which might otherwise be borne by the
City.
a) Combustibility and fire resistance of the building itself greatly influence the
development and spread of a fire and, to a large extent, determine the amount of
water needed to control and extinguish a fire.
b) NFPA 220, Standard on Types of Building Construction (2006 edition) classifies
construction types into five categories with different fire resistance ratings:
i) Type I and Type II: construction type in which fire walls, structural elements,
walls, arches, floors and roofs are of approved non-combustible or limited
combustible materials as defined in NFPA 220, 3.3.3 and 3.3.4.
ii) Type III: construction type in which exterior walls and structural elements that
are portions of exterior walls are of approved noncombustible or limited
combustible materials, and in which fire walls, interior structural elements,
walls, arches, floors and roofs are entirely or partially of wood of smaller
dimensions than required for Type IV construction or are of approved
noncombustible, limited combustible or other approved combustible materials.
iii) Type IV: construction type in which fire walls, exterior walls and interior
bearing walls and structural elements that are portions of such walls are of
approved noncombustible or limited combustible materials. Other interior
structural elements, arches, floors and roofs shall be of solid or laminated
wood without concealed spaces and shall comply with the allowable
dimension pursuant to NFPA 220.
iv) Type V: construction type in which structural elements, walls, arches, floors
and roofs are entirely or partially of wood or other approved material.
c) Fire Resistive Construction is defined in NFPA 1142, G.4.1.1.1 as any building
with 66 2/3 percent or more of the total wall area and 66 2/3 percent or more of the
total floor and roof area defined as construction Type I.
d) Noncombustible Construction is defined in NFPA 1142, G.4.1.1.2 as any building
with 66 2/3 percent or more of the total wall area and 66 2/3 or more of the total floor
and roof area defined as construction Types II and IV, or any building not meeting
the definition of Fire Resistive Construction with 66 2/3 percent or more of the total
wall area and 66 2/3 percent or more of the total floor and roof area constructed in
two or more of construction Types I, II and IV, but with no single type itself equal to
66 2/3 percent or more of the total area.
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e) Ordinary Construction is defined in NFPA 1142, G.4.1.1.3 as any building not
meeting the definitions of Fire Resistive Construction or Noncombustible
Construction with 66 2/3 percent or more of the total wall area of construction Type
III, or any building not qualifying under the definitions of Fire Resistive Construction
or Noncombustible Construction with 662/3 percent or more of the total wall area
and 66 2/3 percent or more of the total floor and roof area construction in two or
more of construction Types I, II, III and IV, but with no single type itself equal to 66
2/3 percent or more of the total area.
f) The Construction Class Coefficient is a series of numbers from 0.6 through 1.5
that are mathematical factors used in the formula to determine the total water supply
requirements for a building pursuant to NFPA 1142, Annex G. The slowest burning
or lowest hazard type of construction, fire-resistive, is construction classification 0.5.
The fastest burning or highest hazard type of construction, wood frame, is
construction classification 1.5.
i) Fire Resistive Construction = 0.6
ii) Noncombustible Construction = 0.8
iii) Ordinary Construction = 1.0
iv) Wood Frame Construction = 1.5
2) It is in the City's interest to encourage the proper operation and maintenance and
continued existence of fire suppression systems or construction of buildings that are
otherwise designed to be more fire resistant due to unique building construction
because the City receives benefits from the reduction in the need for fire flow in the
form of reduced costs.
Mitigation Credits (Reduction in Capacity Units):
1) Parcels with Buildings Equipped with 20% reduction in Capacity
Units
Certified Fire Suppression System: assigned to the building
a) The credit for such parcels will be based upon the annual proof that the Certified
Fire Suppression System within the building was installed and is maintained as
outlined in all NFPA, City and State standards as appropriate.
b) The building must have be 100% occupied during the previous 12-month
calendar year and show proof of occupancy such as utility services.
c) Any areas of the building not covered by the Certified Fire Suppression System
cannot exceed 25% of the total area in the building.
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2) Parcels With Buildings Designed for Additional Fire Resistance
a) Noncombustible Construction:
Units
the building
20% reduction in Capacity
assigned to
The credit for such parcels will be based upon the City's initial determination that the
building qualifies as Noncombustible Construction.
b) Fire Resistant Construction:
Units
40% reduction in Capacity
assigned to the building
The credit for such parcels will be based upon the City's initial determination that the
building qualifies as Fire Resistant Construction.
c) No credit will be granted for any building c-assified as Ordinary Construction or
Wood Frame construction.
3) Parcels With Buildings Containing a Certified Fire Suppression System and
Designed for Additional Fire Resistance
a) The credit for such parcels will be based upon the greater credit available for
either the Certified Fire Suppression System or the construction materials, but
not both.
No parcel shall receive a credit towards the Capacity Units assigned greater than 40%.
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50%
CITY OF WINTER SPRINGS, FLORIDA
FINAL ASSESSMENT RESOLUTION
ADOPTED MAY 12, 2008
TABLE OF CONTENTS
Page
SECTION 1. AUTHORITY ...................................................................................3
SECTION 2. DEFINITIONS AND INTERPRETATION ...................................... ... 3
SECTION 3. CAPACITY UNIT MITIGATION CREDIT ...................................... ...3
SECTION 4. IMPOSITION OF FIRE PROTECTION ASSESSMENTS ............. ... 5
SECTION 5. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION..... ... 8
SECTION 6. EFFECT OF ADOPTION OF RESOLUTION ............................... ... 8
SECTION 7. SEVERABILITY ............................................................................ ...8
SECTION 8. EFFECTIVE DATE ....................................................................... ...9
APPENDICES:
APPENDIX A: AFFIDAVIT REGARDING NOTICE MAILED
TO PROPERTY OWNERS .......................................................... A-1
APPENDIX B: PROOF OF PUBLICATION ......................................................... B-1
APPENDIX C: FIRE FLOW MITIGATION CREDIT POLICY ............................... C-1
RESOLUTION NO.2008-25
CITY OF WINTER SPRINGS, FLORIDA
A RESOLUTION OF THE CITY OF WINTER SPRINGS,
FLORIDA, RELATING TO THE PROVISION OF FIRE
RESCUE SERVICES, FACILITIES AND PROGRAMS IN
THE CITY OF WINTER SPRINGS, FLORIDA; IMPOSING
FIRE RESCUE ASSESSMENTS AGAINST ASSESSED
PROPERTY LOCATED WITHIN THE CITY, FOR THE
FISCAL YEAR THAT BEGAN OCTOBER 1, 2007;
PROVIDING A FIRE FLOW MITIGATION CREDIT POLICY;
APPROVING THE RATE OF ASSESSMENT; APPROVING
THE ASSESSMENT ROLL; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of Winter Springs, Florida (the "City
Commission"), has enacted Ordinance No. 2008-01 (the "Ordinance"), which authorizes
the imposition of Fire Rescue Assessments for fire rescue services, facilities, and
programs against Assessed Property located within the City;
WHEREAS, the imposition of a Fire Rescue Assessment for fire rescue services,
facilities, and programs each fiscal year is an equitable and efficient method of
allocating and apportioning the Fire Rescue Assessed Cost among parcels of Assessed
Property;
WHEREAS, the City Commission desires to implement a fire rescue assessment
program in the City using the procedures provided by the Ordinance for the Fiscal Year
that began on October 1, 2007;
WHEREAS, the City Commission, on April 14, 2008, adopted Resolution
No. 2008-13 (the "Initial Assessment Resolution");
1
WHEREAS, the Initial Assessment Resolution 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; estimates rates of assessment; and
directs the updating and preparation of the Assessment Roll and provision of the notice
required by the Ordinance;
WHEREAS, in order to impose Fire Rescue Assessments for the Fiscal Year that
began October 1, 2007, the Ordinance requires the City Commission to adopt a Final
Assessment Resolution which 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;
WHEREAS, the Assessment Roll has heretofore been made available for
inspection by the public, as required by the Ordinance;
WHEREAS, notice of a public hearing has been published and mailed, as
required by the terms of the Ordinance, which provides notice to all interested persons
of an opportunity to be heard; an affidavit regarding the form of notice mailed being
attached hereto as Appendix A and the proof of publication being attached hereto as
Appendix B; and
2
WHEREAS, a public hearing was held on May 12, 2008, and comments and
objections of all interested persons have been heard and considered as required by the
terms of the Ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WINTER SPRINGS, FLORIDA:
SECTION 1. AUTHORITY. This resolution is adopted pursuant to Ordinance
No. 2008-01; Resolution No. 2008-13; Article VIII, Section 2, Florida Constitution;
sections 166.021 and 166.041, Florida Statutes; and other applicable provisions of law.
SECTION 2. DEFINITIONS AND INTERPRETATION. This resolution
constitutes the Final Assessment Resolution as defined in Ordinance No. 2008-01. All
capitalized terms in this resolution shall have the meanings defined in the Ordinance
and the Initial Assessment Resolution.
SECTION 3. FIRE FLOW MITIGATION CREDIT.
(A) Although the City's fire fighting resources must still be present at the
scene of any fire incident, the Commission recognizes the potential benefits provided by
Certified Fire Suppression Systems or other fire resistant Building construction, and the
Commission desires to encourage existing and new Buildings to employ these types of
fire safety measures. Accordingly, the number of Capacity Units otherwise attributable
to such Buildings shall be adjusted by a Mitigation Credit determined in accordance with
the Mitigation Credit Policy, attached hereto as Appendix C and incorporated herein by
reference. No Mitigation Credit shall exceed 40% of the Building's assigned Capacity
Units.
3
(B) Prior to June 16, 2008, the property owner shall file with the City Manager
an application under oath demonstrating entitlement to a Mitigation Credit in accordance
with the attached Mitigation Credit Policy. Such application shall include the following:
(1) The name and address of all Owners of the property;
(2) The address and legal description for the property;
(3) If seeking a Mitigation Credit for a Certified Fire Suppression
System, documentation on the type of Certified Fire Suppression System installed in the
Building and proof that the system was installed, inspected, monitored, and maintained
in accordance with the City's standards;
(4) If seeking a Mitigation Credit for fire resistant building construction,
documentation on the construction materials used for all exterior walls and frames,
floors, roof, and supports; and
(5) The property owner shall furnish such other information relating to
the application as may be reasonably requested.
(C) The City Manager, with the assistance of other members of the
administrative staff of the City, shall, within fifteen (15) days after the filing of such
application, review the application and such other supporting data that may be filed
therewith and make such further investigation as may be reasonably required in order to
determine if the applicant is qualified for a Mitigation Credit pursuant to this Section.
(D) The City Manager shall furnish his written decision to such property owner
by United States mail, postage prepaid, addressed to the property owner at the address
stated on the application on or before the expiration of ten (10) days following the filing
4
of the application determining if the property is or is not qualified for a Mitigation Credit
pursuant to this Section.
(E) If the City Manager determines that such property is entitled to a Mitigation
credit pursuant to this Section, then the City Manager shall adjust both the number of
Capacity Units assigned to said property in accordance with the Mitigation Credit Policy
and the resulting Fire Rescue Assessment in accordance with the procedures provided
in Section 2.12 of Ordinance No. 2008-01.
SECTION 4. IMPOSITION OF FIRE RESCUE ASSESSMENTS.
(A) The parcels of Assessed Property described in the Assessment Roll,
which is hereby approved, are hereby found to be specially benefited by the provision of
the fire rescue services, facilities, and programs described or referenced in the Initial
Assessment Resolution, in the amount of the Fire Rescue Assessment set forth in the
Assessment Roll, a copy of which was present or available for inspection at the above
referenced public hearing and is incorporated herein by reference. It is hereby
ascertained, determined and declared that each parcel of Assessed Property within the
City will be specially benefited by the City's provision of fire rescue services, facilities,
and programs in an amount not less than the Fire Rescue Assessment for such parcel,
computed in the manner set forth in the Initial Assessment Resolution. Adoption of this
Final Assessment Resolution constitutes a legislative determination that all parcels
assessed derive a special benefit in a manner consistent with the legislative
declarations, determinations and findings as set forth in the Ordinance, the Initial
Assessment Resolution, and this Final Assessment Resolution from the fire rescue
5
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 Initial Assessment Resolution.
(B) The method for computing Fire Rescue Assessments described and
referenced in the Initial Assessment Resolution is hereby approved. The Parcel
Apportionment methodology described in Appendix F of the Initial Assessment
Resolution and adopted in Section 7 of the Initial Assessment Resolution is hereby
approved.
(C) For the Fiscal Year that began October 1, 2007, the estimated Fire
Rescue Assessed Cost to be assessed is $1,450,000.00. The Fire Rescue
Assessments to be assessed and apportioned among benefited parcels pursuant to the
Cost Apportionment and Parcel Apportionment to generate the estimated Fire Rescue
Assessed Cost for the Fiscal Year that began October 1, 2007, are hereby established
as follows:
Rate Per Capacity
Residential Property Use Category Billing Unit
Single Family Residential $58.00
Multi Family Residential $109.00
Rate Per Capacity
Non-Residential Property Use Categories Billing Unit
Commercial $121.00
Industrial/Warehouse $29.00
Institutional $270.00
(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 that began
on October 1, 2007.
6
(E) Government Property and Institutional Property whose uses are wholly or
partially exempt from ad valorem taxation under Florida law provide facilities and uses
to the ownership, occupants, and membership as well as the public in general that
otherwise might be requested or required to be provided by the City and such property
uses serve a legitimate public purpose and provide a public benefit. Therefore, it is fair
and reasonable not to impose Fire Rescue Assessments upon Buildings located on
such parcels of Government Property or Institutional Property whose Building uses are
exempt from ad valorem taxation under Florida law. Accordingly, no Fire Rescue
Assessment shall be imposed upon Buildings located on a parcel of Government
Property or Institutional Property whose Building uses are wholly exempt from ad
valorem taxation under Florida law. Further, no Fire Rescue Assessment shall be
imposed upon the portion of Buildings located on a parcel of Government Property or
Institutional Property whose Building uses are partially exempt from ad valorem taxation
under Florida law. Only the portion of such Buildings that are subject to ad valorem
taxation under Florida law and determined as such by the Property Appraiser shall be
subject to the Fire Rescue Assessment.
(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 authorized by the City Commission shall be supplemented by any legally
available funds, or combination of such funds, and shall not be paid for by proceeds or
funds derived from the Fire Rescue Assessments.
(G) As authorized in Section 2.13 of Ordinance No. 2008-01, interim Fire
Rescue Assessments are also levied and imposed against all property for which a
7
Certificate of Occupancy is issued after adoption of this Final Assessment Resolution
based upon the rates of assessment approved herein.
(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, together with the correction of
any errors or omissions as provided for in Ordinance No. 2008-01, shall be billed,
collected and enforced pursuant to the alternative method of collection described in
Section 3.02 of Ordinance No. 2008-01 and Section 12 of the Initial Assessment
Resolution. The Board hereby directs the City Manager to mail said bills no later than
May 15, 2008.
SECTION 5. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION. The
Initial Assessment Resolution is hereby confirmed.
SECTION 6. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this
Final Assessment Resolution shall be the final adjudication of the issues presented
(including, but not limited to, the determination of special benefit and fair apportionment
to the Assessed Property, the method of apportionment and assessment, the rate of
assessment, the Assessment Roll and the levy and lien of the Fire Rescue
Assessments), unless proper steps shall be initiated in a court of competent jurisdiction
to secure relief within 20 days from the date of this Final Assessment Resolution.
SECTION 7. SEVERABILITY. If any clause, section or other part of this
resolution shall be held by any court of competent jurisdiction to be unconstitutional or
8
invalid, such unconstitutional or invalid part shall be considered as eliminated and in no
way effecting the validity of the other provisions of this resolution.
SECTION 8. EFFECTIVE DATE. This Final Assessment Resolution shall take
effect immediately upon its passage and adoption.
PASSED AND ADOPTED this 12th day of May, 2008
ATTEST:
,~
__
City Jerk
(Corporate Seal)
CIT F WINTER SPRINUS FLORIDA
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May r "
APPRO AS TO FORM AND CORRECTNESS:
City Attorney
9
APPENDIX A
AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS
t
AFFIDAVIT OF MAILING
BEFORE ME, the undersigned authority, personally appeared Ronald W.
McLemore, Sandi Melgarejo, and Kathryn L. Griffith, who, after being duly sworn,
depose and say:
1. Ronald W. McLemore, as City Manager of the City of Winter Springs,
Florida ("City"), pursuant to a Fire Services Assessment Program Proposal dated July 9,
2007 between Government Services Group, Inc. ("GSG") and the City and the authority
and direction received from the City Council, timely directed the preparation of the
Assessment Roll and the preparation, mailing, and publication of notices in accordance
with the Fire Rescue Assessment Ordinance adopted by the City Council on March 24,
2008 (the "Assessment Ordinance") and in conformance with the Initial Assessment
Resolution adopted by the City Council on April 14, 2008 (the "Initial Assessment
Resolution").
2. Sandi Melgarejo is Project Coordinator for GSG. GSG has caused the
notices required by the Assessment Ordinance to be prepared in conformance with the
Initial Assessment Resolution. An exemplary form of such notice is attached hereto.
GSG has caused such individual notices for each affected property owner to be
prepared and each notice included the following information: the purpose of the
assessment; the total amount proposed to be levied against each parcel; the unit of
measurement to be applied against each parcel to determine the assessment; the
number of such units contained within each parcel; the total revenue the City expects to
collect by the assessment; a statement that failure to pay the assessment will cause a
tax certificate to be issued against the property which may result in a loss of title; a
A-1
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statement that all affected property owners have a right to appear at the hearing and to
file written objections with the local governing board within 20 days of the notice; and
the date, time, and place of the hearing.
3. On or before April 21, 2008, GSG delivered and directed the mailing of the
above-referenced notices by Modern Mailers, Inc. ("Modern Mailers"), in accordance
with Sections 2.05 of the Assessment Ordinance and the Initial Assessment Resolution
by First Class Mail to each affected owner, at the addresses then shown on the real
property assessment tax roll database maintained by the Seminole County Property
Appraiser for the purpose of the collection of ad valorem taxes. Notices to property
owners receiving multiple individual notices were mailed, or caused to be mailed by
GSG on or before April 21, 2008.
4. Kathryn L. Griffith is Assistant General Manager of Modern Mailers. As
directed above, Modern Mailers, mailed or caused to be mailed on or before April 21,
2008, the above-referenced notices delivered to Modern Mailers by GSG.
FURTHER AFFIANTS SAYETH NOT.
Ronald W. McLemore, affiant
andi Melgarejo, of ' nt
Kathry L. Griffith, affiant
A-2
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foreg '~ng Affidavit of Mailing was sworn to and subscribed
~~~`' day of , 20,M,~18-hy Ronald--W,, McLemore, City Manager
Springs, Florida. a is Irecsonally known tQ. me or has produced
identification and did take an oath. 4 ~-~-.. _ ._r..
STATE OF FLORIDA
COUNTY OF LEON
Pnn d Name
Notary Public ,~Y. ~~~ Nate or F~~nda
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Commission '?"°ff~o~ r, gyres ~`;:;r..U
The foregoing Affidavit of Mailing was sworn to and subscribed before me this
~~h day of ~~ , 2008 by Sandi Melgarejo, Project Coordinator, Government
Services Group, Ind., a Florida corporation. She i~-personally know~o me or has
produced as identification and did take an oa~i.
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Notary Public, State of Florida
At Large
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Commission No.: DT» 221 y `~
STATE OF FLORIDA
COUNTY OF LEON
The foregoing Affidavit of Mailing was sworn to and subscribed before me this
~+n day of , 2008 by Kathryn L. Griffit ;-~4ssistant General Manager,
Modern Mailers, I c., a Florida corporation. She is ersonally known~o me or has
produced as identification and did take an oa ___._
Printed Name: ~ 5
Notary Public, State of Florida
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before me this
City of Winter
as
City of Winter Springs
1126 East S.R. 434 ' CITY OF WINTER SPRINGS, FLORIDA
Winter Springs, FL 32708
NOTICE OF HEARING TO IMPOSE AND PROVIDE
FOR COLLECTION OF FIRE RESCUE
NON-AD VALOREM ASSESSMENTS
NOTICE DATE: April 21, 2008
BACH RONALD C & CATHERINE G Tax Parcel #: 01-21-30-5JJ-0000-6390
1190 TROTWOOD BLVD Sequence Number: WSF-08058
WINTER SPRINGS FL 32708-5176 Legal: LEG LOT 639 OAK FOREST UNIT 6 PB 35 PGS
25 TO 27
* * * * * NOTICE TO PROPERTY OWNER * * * * *
As required by Section 197.3632, Florida Statutes, and City Ordinance No. 2008-01 notice is given by the City of Winter Springs that an
annual assessment for fire rescue services, may be levied on your property for the fiscal year October 1, 2007 -September 30, 2008. The
purpose of this assessment is to fund fire rescue services benefiting improved property located within the City of W inter Springs. The total
annual fire rescue assessment revenue to be collected within the City of Winter Springs is estimated to be $2,175,000. The annual fire rescue
assessment is based on the classification of each parcel of property and number of capacity units assigned thereto.
Fiscal Year 07-08
Category Fire Hazard Class Number of Capacity Units Assessment
Single Family Hazard Class 7 2.0 $172.00
The maximum annual fire rescue assessment for the above parcel for Fiscal Year 2007-2008 and future fiscal years is $172.00.
A public hearing will be held at 5:15 p.m. or as soon thereafter as can be heard on May 12, 2008, in Commission Chambers, City Hall, 1126
East S.R. 434, Winter Springs, Florida for the purpose of receiving public comment on the proposed assessments. You and all other affected
property owners have a right to appear at the hearing and to file written objections with the City Commission within 20 days of this notice. If you
decide to appeal any decision made by the City Commission with respect to any matter considered at the hearing, you will need a record of the
proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be
made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this
proceeding should contact the City of Winter Springs at (407) 327-1800, at least 48 hours prior to the date of the hearing.
Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Commission action at
the above hearing (including the method of apportionment, the rate of assessment and the imposition of assessments), such action shall be
the final adjudication of the issues presented. Copies of the Fire Rescue Assessment Ordinance, the Initial Assessment Resolution and the
preliminary assessment roll are available for inspection at the City Manager's Office, located at 1126 East S.R. 434, Winter Springs, Florida.
For the 2007-08 Fiscal Year, the fire rescue service non-ad valorem assessment amount shown on this notice for the above parcel will be
collected in arrears on a separate bill that will be mailed to you in May 2008. Failure to pay the assessments could result in foreclosure
proceedings against your property as well as the initiation of proceedings to compel payment by any means authorized by law, including the
collection of any delinquent amounts on a subsequent years' tax bill, which, if not paid, would cause a tax certificate to be issued against the
property and may result in a loss of title.
Commencing with the 2008-09 Fiscal Year and continuing for each year the assessment is imposed, the fire rescue service non-ad valorem
assessment amount shown on this notice for the above parcel, including any delinquent amounts, will be collected on the annual ad valorem
tax bill mailed in November of each year that the assessment is imposed, beginning with the tax bill to be mailed in November 2008. Failure to
pay the assessment will cause a tax certificate to be issued against the property in accordance with the provisions of Florida law, which may
result in a loss of title.
If there is a mistake on this notice, it will be corrected. If you have any questions regarding your fire services assessment, please contact the
City of Winter Springs, General Services Division at (407) 327-1800, Monday through Friday between 8:00 a.m. and 4:30 p.m.
*****THIS IS NOTABILL*****
APPENDIX B
PROOF OF PUBLICATION
r:~c~rrr~D
The Orlando Sentinel ~Y 2 0 ~
OFFICE F TFIE C17Y CLERIC
633 North Orange Avenue
MP 132
Orlando, FL 32801
City of Winter Spring
#063530003
To Whom It May Concern:
This is to confirm that the advertisement for City of Winter Spring published in The Orlando Sentinel on the following date.
Publication Date: Sunday, Apri120, 2008
Ad Caption: Fire Rescue Assessments
Section: Seminole
Size: 3 columns x 15"
Job: #025768701
Should you need further information, please feel free to contact me.
Sincerely, ~,.,
.~ ~v
Jaconia To I J
Y
Account Representative
The Orlando Sentinel
/mdu
State of Florida
County of Orange
The foregoing instrument was acknowledged before me this 19`h day of May, 2008, by Jaconia Toyloy, who is personally
known to me.
Notary Publ
State of Florida at Large
,'~i;~; NANCY A. PUQLIA
.: ;.__ MY COMMISSION N DD 678673
o' EXPIRES: June 11, 2011
~,~ ' ~~', Bonded Thru Notary PubNc Undennilen
APPENDIX C
MITIGATION CREDIT POLICY
Fire Rescue Special Assessment
Fire Flow Mitigation Credit Policy
Eligibility:
Parcels subject to a fire rescue special assessment may be granted a fire flow
mitigation credit applied to the Capacity Units calculated for the buildings located on the
parcel based on one of the following factors:
1. Parcels containing buildings equipped with an automatic sprinkler system or
other fire suppression system which is approved by the City and installed,
inspected, monitored, and maintained in accordance with the City's adopted
standards ("Certified Fire Suppression Systems"). Property owner must provide
proof of proper operation and maintenance annually to receive credit.
2. Parcels containing buildings that are otherwise designed to be more fire resistant
due to unique building construction.
No parcel shall receive less than 20% or more than 40% reduction in the Capacity Units
assigned to the buildings contained on the parcel for one or both of these factors, and
fire flow mitigation credits will be granted to property owners only.
Rationale:
Credits may be granted to parcels whose fire flow impacts on the City's Fire Rescue
Department (in terms of Capacity Units) are mitigated by a properly designed,
functioning and fully automated Certified Fire Suppression System or contain buildings
that are otherwise designed to be more fire resistant due to unique building
construction. The basis for these credits is as follows:
1) Parcels that contain buildings equipped with a Certified Fire Suppression System
may require less fire flow capacity to be provided by the City which may offset some
of the costs which might otherwise be borne by the City.
a) NFPA 1142, Standard on Water Supplies for Suburban and Rural Fire Fighting
(2007 edition), encourages the use of systems, methods, or devices of equivalent
or superior quality, strength, fire resistance, effectiveness, durability, and safety
in place of those prescribed by the standard; provided technical documentation is
submitted to the City to demonstrate equivalency and the system, method, or
device is approved for the intended purpose.
b) The City is permitted to reduce the water supply required for any building
pursuant to NFPA 1142 for manual fire-fighting purposes when a structure is
protected by an automatic sprinkler system that fully meets the requirements of
NFPA 13, NFPA 13D or NFPA 13R.
c) Winter Springs Ordinance No. 2001-54 establishes the City's standards for
automatic fire sprinkler system installation and maintenance.
C-1
d) For any building fully or partially protected by an automatic fire suppression
system other than an automatic sprinkler system, the City shall determine the
minimum water supply required for the building for fire-fighting purposes pursuant
to NFPA 1142, Annex G or other applicable standards.
e) A Certified Fire Suppression System provides built-in fire protection, lessening
the fire suppression burden and the water supply need on the fire department.
2) Parcels that contain buildings that are otherwise designed to be more fire resistant
due to unique building construction require less fire flow capacity to be provided by
the City which may offset some of the costs which might otherwise be borne by the
City.
a) Combustibility and fire resistance of the building itself greatly influence the
development and spread of a fire and, to a large extent, determine the amount of
water needed to control and extinguish a fire.
b) NFPA 220, Standard on Types of Building Construction (2006 edition) classifies
construction types into five categories with different fire resistance ratings:
i) Type I and Type II: construction type in which fire walls, structural elements,
walls, arches, floors and roofs are of approved non-combustible or limited
combustible materials as defined in NFPA 220, 3.3.3 and 3.3.4.
ii) Type III: construction type in which exterior walls and structural elements that
are portions of exterior walls are of approved noncombustible or limited
combustible materials, and in which fire walls, interior structural elements,
walls, arches, floors and roofs are entirely or partially of wood of smaller
dimensions than required for Type IV construction or are of approved
noncombustible, limited combustible or other approved combustible materials.
iii) Type IV: construction type in which fire walls, exterior walls and interior
bearing walls and structural elements that are portions of such walls are of
approved noncombustible or limited combustible materials. Other interior
structural elements, arches, floors and roofs shall be of solid or laminated
wood without concealed spaces and shall comply with the allowable
dimension pursuant to NFPA 220.
iv) Type V: construction type in which structural elements, walls, arches, floors
and roofs are entirely or partially of wood or other approved material.
c) Fire Resistive Construction is defined in NFPA 1142, G.4.1.1.1 as any building
with 66 2/3 percent or more of the total wall area and 66 2/3 percent or more of the
total floor and roof area defined as construction Type I.
d) Noncombustible Construction is defined in NFPA 1142, G.4.1.1.2 as any building
with 66 2/3 percent or more of the total wall area and 66 2/3 or more of the total floor
and roof area defined as construction Types II and IV, or any building not meeting
the definition of Fire Resistive Construction with 66 2/3 percent or more of the total
wall area and 66 2/3 percent or more of the total floor and roof area constructed in
two or more of construction Types I, II and IV, but with no single type itself equal to
66 2/3 percent or more of the total area.
C-2
e) Ordinary Construction is defined in NFPA 1142, G.4.1.1.3 as any building not
meeting the definitions of Fire Resistive Construction or Noncombustible
Construction with 66 2/3 percent or more of the total wall area of construction Type
III, or any building not qualifying under the definitions of Fire Resistive Construction
or Noncombustible Construction with 662/3 percent or more of the total wall area
and 66 2/3 percent or more of the total floor and roof area construction in two or
more of construction Types I, II, III and IV, but with no single type itself equal to 66
2/3 percent or more of the total area.
f) The Construction Class Coefficient is a series of numbers from 0.6 through 1.5
that are mathematical factors used in the formula to determine the total water supply
requirements for a building pursuant to NFPA 1142, Annex G. The slowest burning
or lowest hazard type of construction, fire-resistive, is construction classification 0.5.
The fastest burning or highest hazard type of construction, wood frame, is
construction classification 1.5.
i) Fire Resistive Construction = 0.6
ii) Noncombustible Construction = 0.8
iii) Ordinary Construction = 1.0
iv) Wood Frame Construction = 1.5
2) It is in the City's interest to encourage the proper operation and maintenance and
continued existence of fire suppression systems or construction of buildings that are
otherwise designed to be more fire resistant due to unique building construction
because the City receives benefits from the reduction in the need for fire flow in the
form of reduced costs.
Mitigation Credits (Reduction in Capacity Units):
1) Parcels with Buildings Equipped with 20% reduction in Capacity
Units
Certified Fire Suppression System: assigned to the building
a) The credit for such parcels will be based upon the annual proof that the Certified
Fire Suppression System within the building was installed and is maintained as
outlined in all NFPA, City and State standards as appropriate.
b) The building must have be 100% occupied during the previous 12-month
calendar year and show proof of occupancy such as utility services.
c) Any areas of the building not covered by the Certified Fire Suppression System
cannot exceed 25% of the total area in the building.
C-3
2) Parcels With Buildings Designed for Additional Fire Resistance
a) Noncombustible Construction: 20% reduction in Capacity Units
assigned to the building
The credit for such parcels will be based upon the City's initial determination that the
building qualifies as Noncombustible Construction.
b) Fire Resistant Construction: 40% reduction in Capacity Units
assigned to the building
The credit for such parcels will be based upon the City's initial determination that the
building qualifies as Fire Resistant Construction.
c) No credit will be granted for any building classified as Ordinary Construction or
Wood Frame construction.
3) Parcels With Buildings Containing a Certified Fire Suppression System and
Designed for Additional Fire Resistance
a) The credit for such parcels will be based upon the greater credit available for
either the Certified Fire Suppression System or the construction materials, but
not both.
No parcel shall receive a credit towards the Capacity Units assigned greater than 40%.
C-4