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Resolution 2018-30575 RESOLUTION NO. 2018-30575 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, IN ACCORDANCE WITH SECTION 18-3.1 OF THE MIAMI-DADE COUNTY CODE, REQUESTING THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS TO TRANSFER CONTROL OF THE ALLISON ISLAND SECURITY GUARD SPECIAL TAXING DISTRICT FROM THE COUNTY TO THE CITY, AND TO DESIGNATE THE MAYOR AND CITY COMMISSION AS THE GOVERNING BODY OF THE SPECIAL TAXING DISTRICT, SUBJECT TO A MAJORITY VOTE OF THE QUALIFIED ELECTORS RESIDING IN THE SPECIAL TAXING DISTRICT. WHEREAS, in 1989, the City of Miami Beach's ("City") Mayor and City Commission and the Miami-Dade County ("County") Board of County Commissioners ("Board") approved the creation of the Allison Island Security Guard Special Taxing District ("Special Taxing District") in City Resolution No. 89-19604 and County Ordinance No. 89-125 to provide 24- hour security guard service to Allison Island; and WHEREAS, on February 2, 2016, the County Board adopted Ordinance No. 16-14, creating a new Section 18-3.1 in the Miami-Dade County Code, providing that, subject to Charter referendum approval at the November 8, 2016 election, a municipality could be authorized to act as the governing body of a special taxing district located entirely within its municipal boundaries, and that control of an existing special taxing district in a municipality could be transferred from the County Board to the governing body of such municipality; and WHEREAS, on November 8, 2016, the electorate approved a County Charter Amendment validating and giving effect to County Ordinance No. 16-14; and WHEREAS, the Allison Island Security Guard Special Taxing District is located entirely within the boundaries of the City; and WHEREAS, Section 18-3.1 of the County Code provides, in part, that by joint resolutions of the County Board and the governing body of a municipality, the governing body of a municipality may be designated as the governing body of an existing special taxing district located entirely within the boundaries of such municipality, subject to a majority vote of the qualified electors residing in the special taxing district at an election called by and conducted as provided by the County Board; and WHEREAS, the transfer of control of the Allison Island Security Guard Special Taxing District from the County Board to the City has been requested and is supported by the Allison Island Homeowner's Association; and WHEREAS, accordingly, the Mayor and City Commission hereby request the transfer of control of the Allison Island Security Guard Special Taxing District from the County Board to the Mayor and City Commission of the City of Miami Beach, and the designation of the Mayor and City Commission as the governing body of the Special Taxing District, subject to a majority vote of the qualified electors residing in the Special Taxing District. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, the Mayor and City Commission, in accordance with Section 18-3.1 of the Miami-Dade County Code, hereby request the Miami-Dade County Board of County Commissioners to transfer control of the Allison Island Security Guard Special Taxing District from the County to the City, and to designate the Mayor and City Commission as the governing body of the Special Taxing District, subject to a majority vote of the qualified electors residing in the Special Taxing District; and, further authorize the City Manager to do all things necessary to carry out the intent of this Resolution and direct the City Clerk to transmit a copy of this Resolution to Mayor Carlos A. Gimenez and members of the Miami-Dade County Board of County Commissioners. PASSED AND ADOPTED this 17th day of October, 2018. ATTEST: Dan Gelber, Mayor \ /Ai Rafabl E. Granado, City lerk APPROVED AS TO FORM & LANGUAGE Be N &FOR City Attorney w Dote G - - . 1n� � s%' YY"" -S S r *:,INCORP{IORATED' * .. I`/ .Fi'. <35 - � � Resolutions - R7 T MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: October 17, 2018 SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, IN ACCORDANCE WITH SECTION 18-3.1 OF THE MIAMI-DADE COUNTY CODE, REQUESTING THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS TO TRANSFER CONTROL OF THE ALLISON ISLAND SECURITY GUARD SPECIAL TAXING DISTRICT FROM THE COUNTY TO THE CITY, AND TO DESIGNATE THE MAYOR AND CITY COMMISSION AS THE GOVERNING BODY OF THE SPECIAL TAXING DISTRICT, SUBJECT TO A MAJORITY VOTE OF THE QUALIFIED ELECTORS RESIDING IN THE SPECIAL TAXING DISTRICT. Legislative Tracking Finance ATTACHMENTS: Description ❑ Memorandum-Allison Island ❑ HOA request- Transfer of Allison Island to Miami Beach ❑ Allison Island Resolution Page 1338 of 1637 City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeochll.gov COMMISSION MEMORANDUM TO Mayor Dan Gelber and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: October 17, 2018 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, IN ACCORDANCE WITH SECTION 18-3.1 OF THE MIAMI-DADE COUNTY CODE, REQUESTING THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS TO TRANSFER CONTROL OF THE ALLISON ISLAND SECURITY GUARD SPECIAL TAXING DISTRICT FROM THE COUNTY TO THE CITY, AND TO DESIGNATE THE MAYOR AND CITY COMMISSION AS THE GOVERNING BODY OF THE SPECIAL TAXING DISTRICT, SUBJECT TO A MAJORITY VOTE OF THE QUALIFIED ELECTORS RESIDING IN THE SPECIAL TAXING DISTRICT. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND Effective October 1, 2018, the administration of the Biscayne Point Security Guard Special Taxing District was transitioned from Miami-Dade County to the City of Miami Beach. There are four remaining Security Guard Special Taxing Districts that are currently administered by Miami- Dade County including Allison Island, Biscayne Beach, Star Island, and Palm & Hibiscus Island. Following the successful transition of the Biscayne Point District, the City Commission directed the Administration to contact the remaining four districts to determine if they would be interested in beginning the process to transition from the County to the City in a holistic manner. ANALYSIS Pursuant to the request of Commissioner Steinberg, the above-referenced Resolution requesting the transfer of control of the Allison Island Security Guard Special Taxing District ("Special Taxing District") from the Miami-Dade County Board of County Commissioners to the Mayor and City Commission of the City of Miami Beach is submitted for consideration by the Mayor and City Commission. The transfer of control of the Special Taxing District is supported by the Allison Island Homeowners Association and would be subject to County approval and a majority vote of qualified electors residing in the Special Taxing District. In 1989, the City of Miami Beach's ("City") Mayor and City Commission and the Miami-Dade County ("County") Board of County Commissioners ("Board") approved the creation of the Allison Island Security Guard Special Taxing District ("Special Taxing District") in City Resolution No. 89-19604 and County Ordinance No. 89-125 to provide 24-hour security guard service to Allison Island. Pursuant to a County Charter Amendment approved by the electorate on November 8, 2016, County Ordinance No. 16-14 was given effect which created a new Section 18-3.1 in the Miami- Page 1339 of 1637 Transfer of Allison Island Security Guard Special Taxing District October 17, 2018 Page 2 Dade County Code. This new County Code Section provides, in part, that by joint resolutions of the County Board and the governing body of a municipality, the governing body of a municipality may be designated as the governing body of an existing special taxing district located entirely within the boundaries of such municipality, subject to a majority vote of the qualified electors residing in the special taxing district at an election called by and conducted as provided by the County Board. In addition, the County has advised that interlocal agreements with the County Board and with the County Tax Collector and Property Appraiser would be needed to effectuate a transfer of control. FINANCIAL INFORMATION The County collects an administrative fee to offset costs related to administering service contracts and providing fiscal support for the District. It is anticipated that the administrative fee would cover the City's costs to provide administrative support. Administrative support would be similar to that currently provided by the City to the Biscayne Point Security Guard Special Taxing District. JLM/JW Page 1340 of 1637 Woodruff, John Subject: Allison Island guard gate From: Jon Beloff[mailto:jdb@belofflaw.com] Sent:Tuesday, October 02, 2018 2:59 PM To: Woodruff,John; 'tmgeng64@aol.com' Cc: 'isaac.matt@miami-taxes.com'; 'mmeland@melandrussin,com; 'EMendelson@heico.com'; 'kobikarp@kobikarp.com' Subject: RE: Allison Island guard gate Hi John. As I indicated in prior emails to the City Commission and City Attorneys offices, this will confirm that the Allison Island Homeowner's Association recommends and supports the transfer of our Special Taxing District from the County to the City of Miami Beach. I am not sure whether it is meaningful and may shortcut the process, but our Island already has a Special Assessment District with the City that was created when we performed the undergrounding of our utility lines over 10 years ago. In any event,we would like to proceed expeditiously with the process. Thank you Jonathan D. Beloff, Esq. BELOFF LAW, P.A. 1691 Michigan Avenue Suite 250 Miami Beach, Florida 33139 Ph. 305-673-1101 Fax 305-673-5505 Cell 305-799-1102 Email:jdb@belofflaw.com Pursuant to federal regulations imposed on practitioners who render tax advice("circular 230"),we are required to advise you that any tax advice contained herein is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service.If this advice is or is intended to be used or referred to in promoting,marketing or recommending a partnership or other entity,investment plan or arrangement,the regulations under Circular 230 require that we advise you as follows:(1)this writing is not intended or written to be used,and it cannot be used,for the purpose of avoiding tax penalties that may be imposed on a taxpayer:(2)the advice was written to support the promotion or marketing of the transaction(s)or matter(s)addressed by the written advice; and(3)the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. THE INFORMATION CONTAINED IN THIS TRANSMISSION IS ATTORNEY PRIVILEGED AND CONFIDENTIAL.IT IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE,ANY ATTACHMENTS TO THIS TRANSMISSION ARE FOR THE SOLE PURPOSE OF CONVEYING THE DIRECT WRITTEN AND COMMONLY VISIBLE COMMUNICATION CONTAINED THEREIN.NO TRANSMISSION OF UNDERLYING CODE OR METADATA IS INTENDED.USE OF ANY ATTACHMENT FOR ANY PURPOSE OTHER THAN RECEIPT OF THE DIRECT WRITTEN COMMUNICATION CONTAINED THEREIN IS STRICTLY PROHIBITED. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION,DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED,IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,PLEASE IMMEDIATELY NOTIFY AND RETURN THE ORIGINAL MESSAGE TO THE SENDER.THANK YOU, 1 Page 1341 of 1637