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Resolution 2021-31858RESOLUTION NO. 2021-31858 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING THE TENTATIVE AD VALOREM MILLAGE RATE OF 1.0659 MILLS FOR FISCAL YEAR 2022 FOR THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT, WHICH IS ONE THOUSAND THREE HUNDRED ELEVEN AND EIGHT TENTHS PERCENT (1311.8%) MORE THAN THE "ROLLED -BACK" RATE OF 0.0755 MILLS, SUBJECT TO A SECOND PUBLIC HEARING SCHEDULED ON THURSDAY, SEPTEMBER 30, 2021, 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, specifies the method by which municipalities may fix the operating millage rate and adopt an annual budget for dependent taxing districts; and WHEREAS, the maximum millage that can be approved by a majority (4/71h) vote is 0.8833 mills, anything beyond this rate, up to 0.9716 mills, requires a two-thirds (5/7th) vote, and a unanimous approval is required to approve a millage rate above 0.9716 mills for Fiscal Year 2022; and WHEREAS, on July 28, 2021, the City Commission, acting as the Board of Directors of the District, adopted Resolution No. 2021-31819 which set the proposed operating millage rate of the District at 1.0659 mills for the purpose of providing security services within the District for Fiscal Year 2022; and WHEREAS, on September 17, 2021, pursuant to Section 200.065, Florida Statutes, the City Commission, acting as the Board of Directors of the District, held its first duly noticed public hearing to consider the Tentative Ad Valorem Millage and Tentative Operating Budget for the District for Fiscal Year 2022. NOW, THEREFORE, BE IT DULY RESOLVED BY THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT that, following a duly noticed public hearing on September 17, 2021, the Mayor and City Commission hereby adopts the Tentative Operating Millage rate of 1.0659 mills for the District for Fiscal Year 2022, which is one thousand three hundred eleven and eight tenths percent (1311.8%) more than the "Rolled -back" rate of 0.0755 mills, subject to a second public hearing scheduled on Thursday, September 30, 2021, at 5:02 p.m. PASSED AND ADOPTED this 17th day of September 2021. ATTEST: �PR gem �� SEP 2 2 2021 Se etary to the District of the District APPROVED AS TO FORM & LANGUAGE _. & FOR EXECUTION - My AAOMW P �Z .Date Resolutions - R7 D MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: September 17, 2021 5:02 p.m. First Reading Public Hearing SUBJECT: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING THE TENTATIVE AD VALOREM MILLAGE RATE OF 1.0659 MILLS FOR FISCAL YEAR 2022 FOR THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT, WHICH IS -ONE THOUSAND THREE HUNDRED ELEVEN AND EIGHT TENTHS PERCENT (1311.8%) MORE THAN THE "ROLLED -BACK" RATE OF 0.0755 MILLS, SUBJECT TO A SECOND PUBLIC HEARING SCHEDULED ON THURSDAY, SEPTEMBER 30, 2021, AT 5:02 P.M. RECOMMENDATION See attached Memorandum. SUPPORTING SURVEY DATA N/A 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 Strategic Connection Organizational Innovation - Ensure strong fiscal stewardship. Legislative Tracking Office of Management and Budget ATTACHMENTS: Description D Memo - Normandy Shores Millage Page 1029 of 1657 Resolution Page 1030 of 1657 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachf.gov COMMISSION MEMORANDUM TO: Honorable Mayor Dan Gelber and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: September 17, 2021 SUBJECT: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING THE TENTATIVE AD VALOREM MILLAGE RATE OF 1.0659 MILLS FOR FISCAL YEAR 2022 FOR THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT, WHICH IS ONE THOUSAND THREE HUNDRED ELEVEN AND EIGHT TENTHS PERCENT (1311.8%) MORE THAN THE "ROLLED -BACK" RATE OF 0.0755 MILLS, SUBJECT TO A SECOND PUBLIC HEARING SCHEDULED ON THURSDAY, SEPTEMBER 30, 2021, AT 5:02 P.M. STRATEGIC PLAN SUPPORTED Organizational Innovation — Ensure strong fiscal stewardship 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 authorizes the City Manager to transmit the following information to the Miami -Dade County Property Appraiser: 1) The Tentatively Adopted Millage Rate for the Normandy Shores Neighborhood Improvement District for FY 2022: General Operating 1.0659 mills (0.9886 increase from last year) 2) The second public hearing to consider the proposed Normandy Shores Neighborhood Improvement District operating millage rate and final budget for Fiscal Year 2022 shall be Thursday, September 30, 2021, at 5:02 p.m. On July 1, 2021, the City received the 2021 Certification of Taxable Value from the Miami -Dade County Property Appraiser's Office indicating that the taxable value for the Normandy Shores Local Government Neighborhood Improvement District was $248.9 million, which includes $3.8 million in new construction. This represents an overall increase of $6.1 million, or 2.5%, over the certified July 1, 2020 taxable value of $242.8 million. It is important to note that the final 2020 tax roll for the Normandy Shores Local Government Neighborhood Improvement District of $239.4 million is approximately $3.4 million, or 1.4%, lower than the certified July 1, 2020 taxable value due to appeals, adjustments, etc. Page 1031 of 1657 FY 2022 Normandy Shores Tentative Millage Rate September 17, 2021 Page 2 of 5 Property Assessment Existing Values 242,757,511 New Construction C Total Normandy Shores 242,757,511 BACKGROUND 245,073,256 3,782,998 2,315,745 3,782,998 1.0% 100.0% 248,856,254 6,098,743 2.5% The Normandy Shores Local Government Neighborhood Improvement District, which is 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 2022 represents its twenty-eighth year of operation. The District was established by Ordinance 93-2881 and had 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." On September 11,1997, Resolution 97-22522 adopted the District's Tentative FY 1998 millage rate. The accompanying memorandum noted that the City had been funding the gap between the revenues generated from the ad valorem taxes and the budget, that the City could not continue to subsidize this budget and that the District should be self-sustaining. This memorandum also noted that Resolution 97-22487 included the City Commission's direction to the City Clerk to take such steps as may be necessary to hold a special referendum for the purpose of authorizing special assessments to raise $41,915 for operating purposes within the District for FY 1998. On September 23, 1998, Resolution 98-22902 adopted the District's FY 1999 budget. The accompanying memorandum noted that the City had been funding the gap between the revenues generated from the ad valorem taxes and the budget and that a determination was reached that the City would fund 35% of the annual cost of the community guard gate. It also stated that the cost would eventually be funded by the golf course and that the City Attorney's Office would review the issue of the dependent status of the District, and the City would continue supplementing the budget at current levels until both issues are resolved. On September 25, 2002, Ordinance 2002-3380 adopted the removal of the $500 annual cap per parcel. The accompanying memorandum noted that the City's 35% contribution will be maintained. In 2015, as part of a "clean up" Ordinance to repeal three other safe neighborhood districts that were no longer active, the Mayor and City Commission enacted Ordinance 2015-3928. With respect to the Normandy Shores District, because the prior versions of the ordinance had not been codified as part of the consolidated legislation of the City, the 2015 Ordinance sought to codify the legislation, but in so doing, inadvertently re -adopted the original 1993 Ordinance - which included an ad valorem cap of $500 per property - and not the correct, and most recent, version of the legislation, the 2002 Ordinance, which deleted the cap of $500 per property. In order to correct the inadvertent error in the 2015 Ordinance and eliminate the $500 per property cap, as intended since 2002, the Mayor and City Commission adopted Ordinance 2020-4386 on December 9, 2020. Page 1032 of 1657 FY 2022 Normandy Shores Tentative Millage Rate September 17, 2021 Page 3 of 5 At the July 23, 2021 Finance and Economic Resiliency Committee meeting, the Committee recommended the elimination of the 35% City subsidy totaling $91,700 in the FY 2022 preliminary budget, while maintaining the City's 50% contribution, or $30,000, toward the total cost of $60,000 for the security rover. On July 28, 2021, the City Commission, through Resolution No. 2021-31819, approved the recommendation of the Finance and Economic Resiliency Committee (FERC) eliminating the City's 35% subsidy, while maintaining the City's 50% contribution, or $30,000, toward the total cost of $60,000 for the security rover. 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., the City of Miami Beach. It also requires 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 rate. Following this, another Resolution which tentatively adopts the Normandy Shores District operating budget must be approved (see accompanying District Budget agenda item for details). Florida Statute requires that 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. Proposed Budget & Millage The Normandy Shores Local Government Neighborhood Improvement District budget proposed for FY 2022, as reflected in Attachment A, is $252,000, which reflects an increase of $3,000, or 1.2%, over the FY 2021 adopted budget and is comprised of the following line -item expenditures: IncludedItems ...2022 Expenditures $ Contracted Security Guard Services for Guardhouse and 5011/6 of Rover 214,000 Gate Maintenance and Repairs 24,000. Utilities 7,000 Guardhouse Janitorial Services 4,000 Other Miscellaneous Operating Expenditures 2,000 OIG Internal Service Charges 1,000 Total $252,000 To provide the current level of security required by the Normandy Shores Local Government Neighborhood Improvement District, the Administration recommends a proposed ad valorem millage of 1.0659 mills. This tax levy will generate proceeds of $265,256, which will be budgeted at approximately 95.0%, or $251,993 (rounded to $252,000), to account for early payment discounts, delinquencies, etc. This millage rate will fund the proposed FY 2022 budget summarized above for the District, with no City subsidy. Page 1033 of 1657 FY 2022 Normandy Shores Tentative Millage Rate September 17, 2021 Page 4 of 5 The proposed FY 2022 ad valorem millage rate, based on the recommendation of the FERC at its July 23 2021 meeting is 1.0659 mills, which is 0.9886 mills more than the adopted FY 2021 millage rate of 0.0773 mills. This increase is primarily due to the 2015 "clean-up" Ordinance that inadvertently re -adopted the original 1993 Ordinance that included an ad valorem cap of $500 per Property instead of the 2002 Ordinance that removed the cap of $500 per property and the elimination of the City's 35% subsidy. Statutory Requirement Florida Statute 200.065, entitled "Method of Fixing Millage," establishes specific guidelines that must be used by all local government entities, including dependent taxing districts like Normandy Shores in setting its millage (property tax) rates. Not unlike its principal taxing authority, the City of Miami Beach, Normandy Shores is also required to transmit within 35 days from receipt of the Certification of Taxable Value (received July 1, 2021), to the Miami -Dade County Property Appraiser, a proposed operating millage rate, the calculated "rolled -back" rate and the date, time, and place of the first public hearing to consider the proposed operating millage rate and budget for Fiscal Year 2022. The "rolled -back" rate is the millage rate required to produce the same level of property tax revenue in Fiscal Year 2022 as collected in Fiscal Year 2021. The rate is calculated at 0.0755 mills, which is 0.0018 mills less than the millage rate of 0.0773 adopted for Fiscal Year 2021. The "rolled -back" millage rate tax levy would generate proceeds of $18,789. The difference between the proposed millage rate for Fiscal Year 2022 and the "rolled -back" rate levy is $246,467. After setting the proposed operating millage rate for Normandy Shores, the City Commission may, at any time prior to the final adoption, lower the millage rate; however, any increase above the proposed rate of 1.0659 mills, if adopted, would require an expensive mailing and advertising process to each property owner in the Normandy Shores Local Government Neighborhood Improvement District. Therefore, this proposed millage rate is viewed as the ceiling. Further, per State Statute, the City may elect to approve millage rates above the "rolled -back" rate up to the constitutional cap of 10 mills, subject to the following votes by the Commission or referendum: • Option I: A majority approval of the Commission is required to approve a millage up to 0.8833 mills (equivalent to a 4.43% increase in Property Tax revenues). The 1.0443 increase is the State per capita personal income gain for the prior calendar year. • Option II: A two-thirds approval (5 of 7 votes) of the Commission is required to approve,a millage up to 0.9716 mills (equivalent to a 10.0% increase in Property Tax revenues above Option 1). • Option III: A unanimous approval of the Commission or referendum is required to approve a millage above 0.9716 mills. Adoption of the proposed FY 2022 millage rate of 1.0659 mills for the Normandy Shores Local Government Neighborhood Improvement District would, therefore, require a unanimous approval (7 of 7 votes) by the City Commission per the State of Florida's Truth-in-Millage (TRIM) requirements. Page 1034 of 1657 FY 2022 Normandy Shores Tentative Millage Rate September 17, 2021 Page 5 of 5 It must be noted that, in accordance with Florida Statutes, there is an operating cap of 10 mills which cannot be exceeded without voter approval. Combining both millage rates from the dependent district (1.0659) and its principal taxing authority (5.7626) totals 6.8285 mills, which is 3.1715 mills less than the statutory cap of 10 mills. CONCLUSION The City Commission, acting in its capacity as the Board of Directors of the Normandy Shores Local Government Neighborhood Improvement District, should adopt the attached Resolution which establishes a tentative millage rate of 1.0659 mills for Fiscal Year 2022 and schedules the second and final public hearing on Thursday, September 30, 2021, at 5:02 p.m. Attachment A — FY 2022 Proposed Normandy Shores Budget ATH/JW/TOS Page 1035 of 1657 ATTACHMENT A Surplus / (Shortfall) $ 31,890 $ 17,086 $ (31,168)1$ 0 $ 0 $ 0 REQUIRED MILLAGE 0.9564 0.8161 0.8161 0.0773 1.0659 0.9886 1279.8% Existing Values 196,441,992 209,647,105 219,807,591 233,297,993 245,073,256 11,775,263 5.0% New Construction 1,719,766 2,458,268 3,896,854 9,459,518 3,782,998 (5,676,520) -60.0% Total 198,161,758 212,105,373 223,704,445 242,757,511 248,856,254 6,098,743 2.5% Value of 1 Mill 198,162 212,105 223,704 242,758 248,856 6,099 2.5% 95% of 1 Mill 168,254 201,500 212,519 230,620 236,413 5,794 2.5% Footnotes: C" FY 2021 Adopted Budget was based on a one-time use of fund balance for operations of the district IzI FY 2022 security guard services based on current hourly rate of $21.03 for services provided 24 hours/day, 7 days/week, for guardhouse, plus 49 hours a week for a security rover at $21.03 per hour and $5,760 fee for rental of a golf cart (the hourly rate is subject to change for living wage if adopted by the City Commission for FY 2022). The cost of the roving guard and rental of golf cart is split -funded between Normandy Shores (50%) via Prop Mgmt. chargeback and the Normandy Shores Golf Course (50%). The increase in security guard services is due to an increase of $0.32 in the contracted hourly rate and an increase of $480 far the golf cart rental rate. n) 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 to be finalized once FY 2022 OIG budget is finalized i0I Utility costs based on FY 2021 actuals to date, plus projected increase of 2.1% for CPI in accordance with the City's utility fee rates s) Other Expenditures includes the annual Special Taxing District state fee paid to the Department of Economic Opportunity and funding for repairs and maintenance. The concrete island project included in the FY 2022 Preliminary Budget, In the amount of $10,000, was subsequently withdrawn based on the 6/17/2021 Normandy Shores Local Government Improvement Board Meeting Page 1036 of 1657 FY 2022 Normandy Shores District Budget FY 2018 Actuals FY 2019 Actuals FY 2020 Actuals FY 2021 Adopted Budget FY 2022 Proposed Budget $ Variance FY 2022 Budget vs FY 2021 Adopted % Variance FY 2022 Budget vs FY 2021 Adopted REVENUES Residents 65% 180,050 164,450 173,550 17,900 252,000 234,100 1307.8% City 35% 96,950 88,550 93,450 93,100 0 (93,100) -100.0% Restitutions 6,207 595 1,662 0 0 0 0.0% Miscellaneous/Interest 176 1,408 1,131 3,000 0 (3,000) -100.0% Fund Balance/Retained Earnings i'I 0 0 0 135,000 0 (135,000) -100.0% Total $ 283,383 $ 255,003 $ 269,793 $ 249,000 $ 252,000 $ 3,000 1.2% EXPENDITURES Security Guard Services jzl 210,000 210,000 217,000 210,000 214,000 4,000 1.9% Janitorial Services 0 1,067 3,892 4,000 4,000 0 0.0% Gate Repairs (AAA Repairs) 22,428 19,170 31,099 20,000 20,000 0 0.0% Internal Service - Other Repairs 0 0 0 5,000 4,000 (1,000) -20.0% Internal Service - OIG Set -Aside 13I 0 0 0 1,000 1,000 0 0.0% Utilities (Electricity & Telephone) (4) 1,260 1,723 5,835 7,000 7,000 0 0.0% RFID System 0 0 42,200 0 0 0 0.05A Video Camera System Upgrade 0 0 0 0 0 0 0.0% AED Guardhouse Defibrillator 1,404 0 0 0 0 0 0.050 Other Expenditures (5) 16,400 5,957 936 2,000 2,000 0 0.0% Total $ 251,493 $ 237,917 $ 300,961 $ 249,000 $ 252,000- $ 3,000 1.2% Surplus / (Shortfall) $ 31,890 $ 17,086 $ (31,168)1$ 0 $ 0 $ 0 REQUIRED MILLAGE 0.9564 0.8161 0.8161 0.0773 1.0659 0.9886 1279.8% Existing Values 196,441,992 209,647,105 219,807,591 233,297,993 245,073,256 11,775,263 5.0% New Construction 1,719,766 2,458,268 3,896,854 9,459,518 3,782,998 (5,676,520) -60.0% Total 198,161,758 212,105,373 223,704,445 242,757,511 248,856,254 6,098,743 2.5% Value of 1 Mill 198,162 212,105 223,704 242,758 248,856 6,099 2.5% 95% of 1 Mill 168,254 201,500 212,519 230,620 236,413 5,794 2.5% Footnotes: C" FY 2021 Adopted Budget was based on a one-time use of fund balance for operations of the district IzI FY 2022 security guard services based on current hourly rate of $21.03 for services provided 24 hours/day, 7 days/week, for guardhouse, plus 49 hours a week for a security rover at $21.03 per hour and $5,760 fee for rental of a golf cart (the hourly rate is subject to change for living wage if adopted by the City Commission for FY 2022). The cost of the roving guard and rental of golf cart is split -funded between Normandy Shores (50%) via Prop Mgmt. chargeback and the Normandy Shores Golf Course (50%). The increase in security guard services is due to an increase of $0.32 in the contracted hourly rate and an increase of $480 far the golf cart rental rate. n) 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 to be finalized once FY 2022 OIG budget is finalized i0I Utility costs based on FY 2021 actuals to date, plus projected increase of 2.1% for CPI in accordance with the City's utility fee rates s) Other Expenditures includes the annual Special Taxing District state fee paid to the Department of Economic Opportunity and funding for repairs and maintenance. The concrete island project included in the FY 2022 Preliminary Budget, In the amount of $10,000, was subsequently withdrawn based on the 6/17/2021 Normandy Shores Local Government Improvement Board Meeting Page 1036 of 1657