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2009-27197 ResoRESOLUTION NO. 2009-27197 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING THE TENTATIVE AD VALOREM MILEAGE OF 0.8567 MILLS FOR FISCAL YEAR (FY) 2009/10 FOR THE NORMANDY SHORES LOCAL GOVERNMENT DISTRICT, WHICH IS TWO AND FOUR FIFTH PERCENT (2.8%) LESS THAN THE "ROLLED-BACK" RATE OF 0.8817 MILLS, SUBJECT TO A SECOND PUBLIC HEARING SCHEDULED ON THURSDAY, SEPTEMBER 24, 2009 AT 5:02 P.M. WHEREAS, for the purpose of providing security services within the Normandy Shores neighborhood area, the Mayor and City Commission adopted Ordinance No. 93-2881 on October 20, 1993, which authorized the creation of the Normandy Shores Local Government Neighborhood Improvement District (District); and WHEREAS, Section 200.065, Florida Statutes, has specified the method by which municipalities may fix the operating millage rate and adopt an annual budget for dependent taxing districts; and WHEREAS, on July 22, 2009, the City Commission adopted Resolution 2009-27133 which set the proposed operating millage rate for the District at 0.8567 mills for the purpose of providing security services within the District; and WHEREAS, on September 10, 2009, a public hearing was held before the Mayor and City Commission, acting as the Board, to discuss the tentative operating millage rate and operating budget for the District for FY 2009/10. NOW THEREFORE, BE IT DULY RESOLVED BY THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT, that the Board hereby adopts the tentative operating millage rate of 0.8567 mills for the District for FY 2009/10, which is less than the "Rolled-back" rate of 0.8817 mills by two and four fifth percent, subject to a second public hearing scheduled on Thursday, September 24, 2009, at 5:02 P.M. PASSED and ADOPTED this 10th day of September 2009. ATTEST: Secretary to the District Robert Parcher Ch irperson he istri~ Matti Herrera Bower APPROVED AS TO FORM & LANGUAGE ~ FO EXECUTION ity ttomey; (~ ~ Date COMMISSION ITEM SUMMARY /'`nn~lcncorl Ti+Ip• A .resolution of the Board Of Directors of The Normandy Shores Local Government Neighborhood Improvement District adopting the tentative Ad Valorem Millage Rate Of 0.8567 Mills For The Normandy Shores Neighborhood Improvement District, which is two and four-fifth percent (2.8%) less than the "rolled-back" rate of 0.8817 mills, subject to a second public hearing scheduled on Thursday, September 24 2009 At 5:02 P.M. Ke Intended Outcome Su ortea: Increase visibility of police; Maintain crime rates at or below national trends. Supporting Data (Surveys, Environmental Scan, etc.): In 2009 Community Survey, both residents and businesses reported the following areas for the City to address in an effort to improve public safety: • Preventing crime (Residents: 44.9%, Business: 43.9%) • Increasing police visibility (Residents: 32.4%, Business: 33.1 %) Issue: Shall the Mayor and City Commission, acting in its capacity as the Board of Directors for the Normandy Shores Local Government Neighborhood Improvement District, adopt the attached resolution which sets the tentative Ad Valorem Millage Rate; the Calculated Rolled-Back Rate; and sets the date, time and place for the second ublic hearin ? item ~ummaryircecommenaaiwn: On July 1, 2009, the City received the 2009 Certification of Taxable Value from the Property Appraiser's Office stating that the taxable value for Normandy Shores is $117,709,157, which includes $1,614,484 due to new construction, renovation, etc. The preliminary value represents a decrease of $26,465,604 from the July 1, 2008 Certification of taxable value of $144,174,761 (18.4 percent) and a decrease of 16.9 percent over 2008's final value of $141,638,632. The proposed ad valorem millage recommended by the Administration is 0.8567 mills to provide the current level of security required by this district. This tax levy will generate proceeds of $95,795. The total operating expenditures to provide the current service level to this district is $147,377 for FY 2009/10. The City of Miami Beach General Fund is required to provide 35% of the total operating expenditures ($51,582), and the City has funded the 35% for each of the sixteen years since the District was established. The amount provided by the General Fund for this purpose in FY 2008/09 was $53,297. The rolled-back rate is the millage rate required to produce the same level of property tax revenue in FY 2009/10 as collected in FY 2008/09. The rate is calculated as 0.8817 or 0.159 mills more than the millage rate adopted for FY 2008/09. Adviso Board Recommendation: Financial Information: Source of Amount Account Approved Funds: ~ N/A 2 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Sign-Offs: I Department Director ~ Assistant City Manager ~ City Manager m MIAMIBEACH AGENQA ITEM ~~~~ DATE q !0 -09 ~ MIAMIBEACH City of Miami dsaeh, 1700 Convention Center Drive, Miami Beach, Florida 33139, voww.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: September 10, 2009 SUBJECT: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING THE TENTATIVE AD VALOREM MILEAGE OF 0.8567 MILLS FOR FISCAL YEAR (FY) 2009/10 FOR THE NORMANDY SHORES LOCAL GOVERNMENT DISTRICT, WHICH IS TWO AND FOUR-FIFTH PERCENT (2.8%) LESS THAN THE "ROLLED-BACK" RATE OF 0.8817 MILLS, SUBJECT TO A SECOND PUBLIC HEARING SCHEDULED ON THURSDAY, SEPTEMBER 24, 2009 AT 5:02 P.M. ADMINISTRATION RECOMMENDATION The Administration recommends that the Mayor and City Commission, acting in its capacity as the Board of Directors for the Normandy Shores Local Government Neighborhood Improvement District, adopt the attached resolution which sets the following: 1) The tentatively adopted millage rate of the Normandy Shores Neighbofiood Improvement District for FY 2009/10: General Operating 0.8567 mills (0.7227 mills last year) 2) The tentatively adopted millage rate of 0.8567 mills is 2.8% less than the "Rolled-Back" Rate of 0.8817 mills 3) The second public hearing to consider the final Normandy Shores Neighbofiood Improvement District operating millage rate and tentative budget for FY 2009/10 shall be held on Thursday, September 24, 2009 at 5:02 P.M., in the City Commission Chambers, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. BACKGROUND The Normandy Shores Local Govemment Neighbofiood Improvement District, a dependent taxing district of its principal, the City of Miami Beach, was established in 1994 to provide continual 24-hour security to this gated community; FY 2009/10 represents its sixteenth year of operation. FY 2009/10 Normandy Shores Tentative Millage Rate September 10, 2009 Page 2 of 3 It was established by Ordinance 93-2881, and has the authority "to levy an ad-valorem tax on real and personal property of up to two mills, provided that no parcel of property will be assessed more than $500 annually for such improvements" During FY 1998/99 the amount of annual funding to be provided by the City and the dependent status of the District were issues discussed by the Finance and Citywide Projects Committee. A determination was reached that the City would fund 35% of the annual cost of the operation of the community gate guard. This cost will eventually be funded from the golf course operation of the Normandy Shores Golf Course. It was further agreed that the City would continue to supplement the District at current levels until both issues were resolved. On August 29, 2002, the Administration met with the Normandy Shores Local Government Neighborhood Improvement District representatives and agreed to eliminate the $500 cap on the highest valued home in the District. The enabling legislation was adopted by the Commission on September 25, 2002. This ensures that the City's contribution from the General Fund remains at 35% of the operating budget of the District. PROCEDURE The operating millage and budget for this dependent special taxing district must be adopted in accordance with Florida Statutes. This procedure requires that this Resolution be considered immediately after the millage and budget of the principal taxing authority, i.e., City of Miami Beach. It also prescribes that a tentative millage be adopted first. This is accomplished by adopting a Resolution which states the percent increase or decrease over the "Rolled-back" rate, and the date, time, and place of the second public hearing scheduled to adopt the final millage. Following this, another Resolution which tentatively adopts the Normandy Shores District operating budget must be approved. (See accompanying Agenda item R7B1 for details). The statute requires the name of the taxing authority, the rolled-back rate, the percentage increase, and the millage rate be publicly announced before adoption of the millage resolution. ANALYSIS On July 1, 2009, the City received the 2009 Certification of Taxable Value from the Property Appraiser's Office stating that the taxable value for Normandy Shores is $117,709,157, which includes $1,614,484 due to new construction, renovation etc.. The preliminary value represents a decrease of $26,465,604 from the July 1, 2008 Certification of taxable value of $144,174,761 (18.4 percent) and a decrease of 16.9 percent over 2008's final value of $141,638,632. The proposed ad valorem millage recommended by the Administration is 0.8567 mills to provide the current level of security required by this district. This tax levy will generate proceeds of $95,795. The total operating expenditures to provide the current service level to this district is $147,377 for FY 2009/10. The City of Miami Beach General Fund is required to provide 35% of the total operating expenditures ($51,582), and the City has funded the 35% for each of the sixteen years since the District was established. The amount provided by the General Fund for this purpose in FY 2008/09 was $53,297. The $147,377 in FY 2009/10 represents a $4,901 decrease (3.2%) from the FY 2008/09 budget of $152,278. FY 2009/10 Normandy Shores Tentative Millage Rate September 10, 2009 Page 3 of 3 For the Normandy Shores taxing District, the value for each mill ($1.00 of ad valorem tax for each $1,000 of property value) is determined by the 2009 Certification of Taxable Value and has been set at $117,709. Florida Statutes permit a discount of up to five percent for early payment discounts, delinquencies, etc. Therefore, the 95 percent value of the mill is $111,823. Accordingly, 0.8567 mills are required to generate $95,795 in property tax revenues by the district. It must be noted that in accordance with State Statute, there is a 10 mill operating cap which cannot be exceeded without voter approval. Combining both millages from the dependent district (0.8567) and the principal taxing authority (5.6555) totals 6.5122 mills, which is 3.4878 mills less than the 10 mill cap. CONCLUSION The City Commission, acting in its capacity as the Board of Directors of the District, should adopt the attached Resolution which establishes a tentative millage and schedules the second and final public hearing. JMG:KB:JC~ THURSDAY, SEPTI=MBER 3, 2009 I 5MB __ m N11AN11 BEACI~ CITY OF M~A~1A! BEAO~ h: 1~10~'tCE OF S~EC~AL -COS~~01~ . ~~VIEET~IVG AI~~ PUB~..IC -HE+~t~~I~I~S NOTfCE IS HEREBY given .that a Special .Cocnmissiom 1~eeting and public ;hearings will -be held by~the .Mayor and City Commission of the City of Miami` Beach, Florida,. inthe Commission Chambers, 3rd floor, Cily Ha11,1700 Cornrentis~n -: Center Drive, Miami Beach, Florida, on Thursday, September #0,:2009, to r consider tFie :following: - ~ - .. :' 5:01 pm. THE FIRST PUBLIC HEARING ADOPTING THE PROPOSED `1~IILL,4GE RATE AN.D BUDGET FOR FISCAL YEAR 2009/2010 FOR SHE CITY CAF ~ M1A{~Ai BEACH. 5~2 p.m. _ - x, THE FIRST PUBLIC HEARING ADQPTLNG THE PROPLJ'SED ~IIILLAGE.RATE.; ~ AND~B,UL,ICETFOR-FISCALYEAR`2009/20.10`FORTHE`AJORMANDY~WORES;- _.. LOCAL GOVERNMENT NEtGWBORWOOD IMPROVEMENT--DISTRICT. ` , In addition; the City Commission may discuss other City business anitl''take other necessary action at this meeting. ..Inquiries may: be directed to the~Budget Office at (305j~73-75~ 0. NVTERESTED PARTIES:-are invited to appear ~at this met#ing, or be represented by -an agent, or to express -their views in writing addressed .~to.:the City " Commission,. c/o the City Clerk, ~7Q0 Convention Eerit~r Drive,. fst;Flvor,:~Cit~v Hall.,'Miami.Beach, Florida 33139. Copies of th>rse ordinances are available for public inspection during normal business hours in the Gity:Clerk's Office,1700 Convention Center Drive, 1st Floor, Cty~Hall, -and-Miami:~Bea~h, Florida 33138. Ttais meeting may be continued and undsrsuch circuFnstances adsiitrinal legal notice would-mot be provided. Robert'E. Parches', ,Ci~v Clerk City of I~1liami Beach Pursuant to Section 286:0105, Fla. 5tat., the City hereby advises the public thy: i# a persork.,,decides ltopeal-any decision made I~t°the Caty Coaiss-ori with respect to any matEer ~nsidered at meetitsp or its arm, such person must~ensure that a vertratim ~re8c~rd tsF°the `proc~edirx~s.is ~, x~hich reword i~trGEtdes the testiFnony and evidence ypon wh~h =appeal is =~ he "teci. This notate does riot constitu#e consent by the •.C~,r.-far tt-e troduction or admission of otheruvise :inadmissible or irrelevant evider~toe, nor does it authorize challenges orappeels not otherwise allowed>by~law: , To request this material in .accessible--.format, sign. language interpreters, information on access for persons with disabilities, and/or any accommodation to review:any document or participate in any city-sponsbr~ed proceedng,.p~ease contact (305) 604-2489 ;(voice), (305)673-7218(TTY) five days "rn.advance to initiate your request. TTY users may also call .711 (Florida Relay Service), Illd #554