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Resolution 2020-31364 RESOLUTION NO. 2020-31364 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACTING IN ITS CAPACITY AS THE GOVERNING BODY OF THE BISCAYNE BEACH SECURITY GUARD SPECIAL TAXING DISTRICT, ADOPTING THE OPERATING BUDGET FOR THE BISCAYNE BEACH SECURITY GUARD SPECIAL TAXING DISTRICT FOR FISCAL YEAR 2021. WHEREAS, the Mayor and City Commission of the City of Miami Beach and the Miami- Dade County Board of County Commissioners ("County")approved the creation of the Biscayne Beach Security Guard Special Taxing District ("Special Taxing District") pursuant to City Resolution No. 88-19368 and County Ordinance No. 89-126, in order to provide 24-hour security guard service to Biscayne Beach; and WHEREAS, the Special Taxing District is located entirely within the City of Miami Beach ("City"), and Section 18-3.1 of the Code of Miami-Dade County provides that for a special taxing district located entirely within municipal boundaries, the County may designate the governing body of the municipality as the governing body of the special taxing district, subject to a majority vote of the qualified electors residing in the district; and WHEREAS, pursuant to Resolution No. 2018-30576, the City Commission requested the transfer of control of the Special Taxing District from Miami-Dade County to the City of Miami Beach, and subsequently approved the execution of an interlocal agreement to transfer control of the Special Taxing District from the County to the City pursuant to Resolution No. 2019- 30749; and WHEREAS, on June 4, 2019, the County adopted Resolution No. R-588-19, which approved the interlocal agreement and the transfer of control of the Special Taxing District; and WHEREAS, in addition, on June 4, 2019, the County passed and adopted Resolution No. R-589-19, which called for a special election for the affected residents to approve the transfer of control of the Special Taxing District from the County to the City; and WHEREAS, pursuant to Resolution No. 2020-31146, the City Commission ratified and accepted: a) County Resolution No. R-588-19, approving the transfer of control of the Special Taxing District and the interlocal agreement, and b) County Resolution No. R-589-19, calling for a special election for qualified electors residing in the Special Taxing District to approve or disapprove the transfer of control of the Special Taxing District from the County to the City; and WHEREAS, the special election was conducted within the Special Taxing District on December 17, 2019;and WHEREAS, a majority of the qualified electors residing in the Special Taxing District approved the transfer of control of the Special Taxing District from the County to the City; and WHEREAS, for the purpose of providing security services within the Special Taxing District, the attached budget has been developed to fund projected Fiscal Year 2021 operating expenditures. Page 1848 of 2461 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, that the Mayor and City Commission, acting in its capacity as the governing body of the Biscayne Beach Security Guard Special Taxing District, hereby adopt the Fiscal Year 2021 Operating Budget for the Biscayne Beach Security Guard Special Taxing District, as detailed in Attachment A and summarized below: Revenues Non-Ad Valorem Assessments $ 221,000 Total $ 221,000 Expenditures Security Services $ 181,500 Utilities 6,000 Janitorial Services 1,200 Guardhouse Repairs and Maintenance 1,200 Contingencies 3,000 OIG Set-aside 1,000 Property Mgmt. Internal Service Charges 27,100 Total $ 221,000 PASSED AND ADOPTED this 29th day of July, 2020. ATTEST: Dan Gelber, Mayor AUG. 3 2".no..1 Rafa I E. Granado, City Clerk APPROVED AS TO FORM AND gip....... �`�`i..•.0",, LANGUAGE AND FOR EXECUTION IIPICORP"DRQ ED' I ZG/2,02z iciCity Attorney NV___ Date Page 1849 of 2461 Resolutions-R7 R MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: July 29, 2020 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACTING IN ITS CAPACITY AS THE GOVERNING BODY OF THE BISCAYNE BEACH SECURITY GUARD SPECIAL TAXING DISTRICT,ADOPTING THE OPERATING BUDGET FOR THE BISCAYNE BEACH SECURITY GUARD SPECIAL TAXING DISTRICT FOR FISCAL YEAR 2021. RECOMMENDATION See attached Memorandum. Applicable Area Citywide Is this a"Residents Right Does this item utilize G.O. to Know"item. pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Office of Management and Budget ATTACHMENTS: Description ❑ Memo- FY 2021 Biscayne Beach Budget ❑ Resolution Page 1843 of 2461 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeochf.gov COMMISSION MEMORANDUM TO: Mayor Dan Gelber and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: July 29, 2020 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,ACTING IN ITS CAPACITY AS THE GOVERNING BODY OF THE BISCAYNE BEACH SECURITY GUARD SPECIAL TAXING DISTRICT,ADOPTING THE OPERATING BUDGET FOR THE BISCAYNE BEACH SECURITY GUARD SPECIAL TAXING DISTRICT FOR FISCAL YEAR 2021. ADMINISTRATION RECOMMENDATION Adopt the Resolution which establishes the operating budget for the Biscayne Beach Security Guard Special Taxing District for Fiscal Year 2021 in the amount of$221,000,subject to adoption of the non-ad valorem assessment roll of$2,188.12, per Residential Unit, for the cost of continued operation and maintenance of the Special Taxing District, including but not limited to the making of infrastructure and security improvements. BACKGROUND In 1989, the Mayor and City Commission of the City of Miami Beach and the Miami-Dade County Board of County Commissioners approved the creation of a Special Taxing District pursuant to City Resolution No. 88-19368 and County Ordinance No. 89-126 to provide 24-hour security guard service to Biscayne Beach. Pursuant to a Miami-Dade 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-Dade County Code.This new County Code section provides, in part,that by joint resolutions of the Board of County Commissioners 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 Board of County Commissioners and with the County Tax Collector and Property Appraiser would be needed to effectuate a transfer of control. At the October 17, 2018 City Commission meeting, the Mayor and City Commission adopted Resolution No.2018-30576 requesting the County to transfer control of the Special Taxing District from the Board of County Commissioners to the Mayor and City Commission of the City of Miami Beach, and to designate the Mayor and City Commission as the governing body of the Special Taxing District, subject to County approval and a majority vote of the qualified electors residing in the Special Taxing District. Subsequently, on March 13,2019, the City Commission approved the Page 1844 of 2461 FY 2021 Biscayne Beach Budget July 29, 2020 Page 2 of 3 execution of an interlocal agreement to transfer control of the Special Taxing District from the County to the City in Resolution No. 2019-30749. On June 4, 2019, the Miami-Dade County Board of County Commissioners passed and adopted Resolution No. R-588-19,which approved the interlocal agreement and the transfer of control of the Special Taxing District, subject to the City passing a Resolution ratifying and accepting the County's approval of the execution of an interlocal agreement. In addition, on June 4,2019,the County passed and adopted Resolution R-589-19,which called a special election for the Special Taxing District,and provided that the special election shall be held within the boundaries of the Special Taxing District,and set forth the ballot question to be presented for approval or disapproval by a mailed ballot and the noticing requirements and registration deadline, and provided that the special election shall be held on December 17, 2019 and that all marked ballots must be received by 7:00 p.m. on that day. On December 17,2019,the voters approved the transfer of control of the Special Taxing District to the City.As a result of this vote,and pursuant to the terms of the Transfer Agreement between the County and the City,the City became the governing body of the Special Taxing District twelve days after the favorable election pursuant to Section 102.168 of the Florida Statutes,/as no contest of the election was filed. On January 15,2020,the City Commission passed and adopted Resolution No.2020-31146 which ratified and accepted County Resolution No. R-588-19, approving the transfer of control of the Special Taxing District and the interlocal agreement.City Resolution No. 2020-31146 also ratified and accepted County Resolution No. R-589-19, which called for a special election in the Special Taxing District to seek approval or disapproval of a Resolution designating the City as the governing body of the Special Taxing District pursuant to Section 18-3.1 of the Code of Miami-Dade County. The City of Miami Beach intends to use the uniform method for collecting non-ad valorem assessments for the provision of continued operation and maintenance of the Special Taxing District, including but not limited to, the making of infrastructure and security improvements as authorized by Section 197.3632, Florida Statutes, because this method will allow such special assessments to be collected annually,commencing for the fiscal year beginning October 1,2020,in the same manner as provided for ad valorem taxes. PROCEDURE The non-ad valorem assessment roll and operating budget for this Special Taxing District must be adopted in accordance with Florida Statutes. This procedure requires that this Resolution be considered immediately after the non-ad valorem assessment roll for the District has been adopted (see accompanying Non-Ad Valorem Assessment Roll agenda item for details). ANALYSIS The FY 2021 budget for the Biscayne Beach Security Guard Special Taxing District,as reflected in Attachment A, is $221,000, which represents a 21.8%, or'$61,610, decrease from the FY 2020 budget of$282,610 adopted by Miami-Dade County and is comprised of the following line item expenditures: Page 1845 of 2461 FY 2021 Biscayne Beach Budget July 29, 2020 Page 3 of 3 Items Included in FY 2021 Expenditures $ Contacted Security Guard Services for District 181,500 Utilities(Water,Sewer,Storm Water,Electricity,Telephone) 6,000 Janitorial Services 1,200 Guardhouse Repairs and Maintenance 1,200 Contingencies(based on budgeted collection allowance) 3,000 OIG Set-aside(based on 0.5%of budgeted contracts) 1,000 Property Management Internal Service Charges 27,100 Total $221,000 In order to continue to provide the current level of security required by this Special Taxing District, the Administration recommends the proposed FY 2021 non-ad valorem assessment of$2,188.12, per Residential Unit,for real property located within the boundaries of the Biscayne Beach Security Guard Special Taxing District commencing FY 2021, which will fund the FY 2021 budget for this Special Taxing District.This non-ad valorem assessment is$545.08,or 19.9%, less than the non- ad valorem assessment adopted by Miami-Dade County for FY 2020 of$2,733.20, per Residential Unit, and would generate proceeds of approximately $221,000. CONCLUSION The City Commission,acting in its capacity as the governing body of the Biscayne Beach Security Guard Special Taxing District, should adopt the attached Resolution which adopts the FY 2021 operating budget of$221,000 for the Biscayne Beach Security Guard Special Taxing District. Attachment A—Biscayne Beach Budget JLM/JWITOS Page 1846 of 2461 Attachment A FY 2021 Biscayne Beach Special Taxing District Budget FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 $Variance %Variance Actuals Actuals Actuals Budget Budget FY 2021 Budget vs FY 2021 Budget vs (MIAMI-DADE (MIAMI-DADE (MIAMI-DADE (MIAMI-DADE (CITY OF MIAMI FY 2020 Adopted FY 2020 Adopted COUNTY) COUNTY) COUNTY) COUNTY) BEACH) REVENUES - Special Assessments 221,483 272,052 271,553 270,260 218,000 (52,260) -19.3% Special Assessment Collection Allowance 0 0 0 0.. 3,000 3,000 100.0% Fund Balance/Retained Earnings 0 0 0 12,350 0 (12,350) -100.0% Interest/Other 243 1,131 2,585 0 0 0 0.0% Total $ 221,725+ $ 273,183 $ 274,139 I$ 282,610 $ 221,000 $ (61,610) -21.8% EXPENDITURES Personnel Services Expenditures 0 0 4,251 3,398 0 (3,398) -100.0% Utilities(Water,Sewer,Storm Water,Electricity)II) - 2,617 2,558 2,678 2,635 4,400 1,765 67.0% Telephone 1,561 1,632 1,601 1,681 1,600 (81) -4.8% Janitorial Services(7) 984 1,205 1,286 1,267 1,200 (67) -5.3% Repairs&Maintenance(3) 5,009 2,522 3,555 13,032 1,200 (11,832) -90.8% Security Guard Services 141 184,759 188,491 197,894 199,165 181,500 (17,665) -8.9% Advertising(6) 0 0 0 0 0 0 0.0% Contingencies(based on collections allowance) 0 0 0 24,800_ 3,000 (21,800) -87.9% Property Mgt Internal Service Charges 161 20,031 21,172 28,723 36,632 o 27,100 (9,532) -26.0% OIG Funding Set-Aside(7) 0 0 0 0 i 1,000 1,000 I 100.0% Total $ 214,961 $ 217,583 $ 239,988 $ 282,510 $ 221,000 $ (61,610) - -21.8% Surplus/(Shortfall) $ 6,765 $ 55,602 $ 34,151 $ 0 $ 0 Number of Units(per Miami-Dade County Property Appralser)RI 104.00 103.00 103.00 103.00 101.00 (2.00) -1.9% $Assessment Rate/Unit $ 2,215.51 $ 2,715.51 $ 2,733.20 $ 2,733.20 $ 2,188.12 5 (545.08) -19.9% Footnotes: 31 Utilities projections based on comparable Special Taxing District expenditures already managed by the City(Biscayne Point) lei FY 2021 janitorial services based on proposed amendment to janitorial services agreement to include services at guardhouse at a rate of$22.52/week(based on one hour of service per week) f31 FY 2021 repairs and maintenance budget based on unforeseen repairs and maintenance of equipment that may be necessary throughout the fiscal year 141 FY 2021 security guard services based on current hourly rate of$20.71 for services provided 24 hours/day,7 days/week 151 FY 2021 Advertising initially based on required noticing of transition of Special Taxing District from Miami-Dade County to the City of Miami Beach during FY 2020;projection based on actual costs incurred for transition of other Special Taxing District already managed by the City(Biscayne Point).On July 13,2020,the City's Office of the City Attorney rendered an opinion that no public hearing would be necessary pursuant to Florida Statute,Section 197.3632(4)(a). 161 Includes approximately 16%of the split-funded Administrative Officer position and indirect costs associated with the operations of the special taxing district 171 Set-aside for OIG Funding based on 0.5%of budgeted contracts in accordance with Ordinance 2020-4325 adopted by the City Commission on January 15,2020 lel Based on number of units provided by the Miami Dade Property Appraiser for FY 2021 Page 1847 of 2461