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Resolution 2022-32253 RESOLUTION NO. 2022-32253 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT SETTING 1) THE PROPOSED GENERAL OPERATING MILLAGE RATE FOR THE NORMANDY SHORES NEIGHBORHOOD IMPROVEMENT DISTRICT; 2) THE CALCULATED "ROLLED-BACK" RATE; AND 3) THE DATE, TIME, AND PLACE OF THE FIRST PUBLIC HEARING TO CONSIDER THE OPERATING MILLAGE RATE AND BUDGET FOR FISCAL YEAR 2023; AND, FURTHER, AUTHORIZING THE CITY MANAGER TO TRANSMIT THIS INFORMATION TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER IN THE FORM REQUIRED BY SECTION 200.065, FLORIDA STATUTES. WHEREAS, Section 200.065, Florida Statutes, has specified the method by which municipalities may set the operating millage rate and adopt an annual budget for dependent taxing districts; and WHEREAS, the July 1, 2022 Certification of Taxable Value from the Miami-Dade County Property Appraiser for the Normandy Shores Neighborhood Improvement District reflects an overall increase of approximately$56.6 million, or 22.8 percent(%), in property tax values over the July 1, 2021 Certification of Taxable Value from the Miami-Dade County Property Appraiser for the Normandy Shores Neighborhood Improvement District; and WHEREAS, the Mayor and City Commission of the City of Miami Beach, acting in its capacity as the Board of Directors of the Normandy Shores Local Government Neighborhood Improvement District, propose that the District's General Operating millage rate be set at 0.9717 mills for Fiscal Year (FY) 2023 and that the "Rolled-Back" rate be set at 0.8864 mills; and WHEREAS, the City of Miami Beach is required to advise the Miami-Dade County Property Appraiser of the Proposed Normandy Shores Local Government Neighborhood Improvement District Operating Millage Rate, the "Rolled-Back" rate, and the date, time, and place of the first public hearing. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION, ACTING IN ITS CAPACITY AS THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT, that the following recommendations of the Administration be and are hereby ratified for transmittal to the Miami-Dade County Property Appraiser, as specified in Section 200.065, Florida Statutes: 1) Proposed Normandy Shores Local Government Neighborhood Improvement District Operating Millage Rate for FY 2023: General Operating 0.9717 mills 2) "Rolled-Back" Rate 0.8864 mills 3) The first public hearing on the Proposed Normandy Shores Local Government Neighborhood Improvement District operating millage rate and budget for FY 2023 shall be held on Wednesday, September 14, 2022, at 5:02 p.m., in the City Commission Chambers at 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139. PASSED and ADOPTED this 20th day of July, 2022. ATTEST: ( JUL 2 5 2022 Dan Gelber, Mayor Rafael E. Granado, City Clerk APPROVED AS TO o, s FORM&LANGUAGE kIRCORP RAMEDJ _ &FOR EXECUTION Olyauamay If7A2 Date Resolutions - R7 0 MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: July 20, 2022 SUBJECT:A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT SETTING 1) THE PROPOSED GENERAL OPERATING MILLAGE RATE FOR THE NORMANDY SHORES NEIGHBORHOOD IMPROVEMENT DISTRICT; 2)THE CALCULATED "ROLLED-BACK" RATE; AND, 3) THE DATE, TIME, AND PLACE OF THE FIRST PUBLIC HEARING TO CONSIDER THE OPERATING MILLAGE RATE AND BUDGET FOR FISCAL YEAR,2023;AND, FURTHER,AUTHORIZING THE CITY MANAGER TO TRANSMIT THIS INFORMATION TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER IN THE FORM REQUIRED BY SECTION 200.065, FLORIDA STATUTES. RECOMMENDATION See attached Memorandum SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION 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 Page 1061 of 1502 ATTACHMENTS: Description ci FY 2023 Normandy Shores Maximum Millage Memo Page 1062 of 1502 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Honorable Mayor Dan Gelber and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: July 20, 2022 SUBJECT: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT SETTING 1) THE PROPOSED GENERAL OPERATING MILLAGE RATE FOR THE NORMANDY SHORES NEIGHBORHOOD IMPROVEMENT DISTRICT; 2) THE CALCULATED "ROLLED-BACK" RATE; AND, 3) THE DATE, TIME, AND PLACE OF THE FIRST PUBLIC HEARING TO CONSIDER THE OPERATING MILLAGE RATE AND BUDGET FOR FISCAL YEAR 2023; AND, FURTHER, AUTHORIZING THE CITY MANAGER TO TRANSMIT THIS INFORMATION TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER IN THE FORM REQUIRED BY SECTION 200.065,FLORIDA STATUTES 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 authorizing the City Manager to transmit the following information to the Miami-Dade County Property Appraiser: 1) Proposed Normandy Shores Local Government Neighborhood Improvement District Operating Millage Rate for Fiscal Year(FY)2023: General Operating 0.9717 mills 2) "Rolled-Back" Rate(Truth-in-Millage) 0.8864 mills 3) The first public hearing on the Proposed Normandy Shores Local Government Neighborhood Improvement District operating millage rate and budget for FY 2023 shall be held on Wednesday, September 14, 2022, at 5:02 p.m., in the City Commission Chambers at 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139. BACKGROUND 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 2023 represents its twenty-ninth year of operation. Page 1063 of 1502 FY 2023 Normandy Shores Proposed Millage Rate July 20, 2022 Page 2 of 5 The District 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." 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. 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. ANALYSIS On July 1, 2022, the City received the 2022 Certification of Taxable Value from the Miami-Dade County Property Appraiser for the Normandy Shores Local Government Neighborhood Page 1064 of 1502 FY 2023 Normandy Shores Proposed Millage Rate July 20, 2022 Page 3 of 5 Improvement District indicating that the taxable value was approximately$305.5 million, including $7.1 million of new construction. Overall, this represents an increase of approximately $56.6 million, or 22.8 percent (%), over the 2021 Certification of Taxable Value of $248.9 million provided by the Miami-Dade County Property Appraiser as of July 1, 2021 for the Normandy Shores Local Government Neighborhood Improvement District. It is important to note that the final 2021 tax roll for the Normandy Shores Local Government Neighborhood Improvement District of $248.1 million is approximately$0.8 million, or 0.3%, lower than the 2021 Certification of Taxable Value due to appeals, adjustments, etc. July 2021 July 2022 $ Certified Certified Change Change Property Assessment Existing Values 248,856,254 298,359,433 49,503,179 19.9% New Construction 0 7,113,479 7,113,479 100.0% Total Normandy Shores 248,856,254. 305,472,912 56,616,658 22.8% PROPOSED BUDGET& MILLAGE The Normandy Shores Local Government Neighborhood Improvement District budget proposed for FY 2023, as reflected in Attachment A, is$282,000,which is an increase of$30,000, or 11.9%, from the adopted FY 2022 budget of$252,000 and is comprised of the following line-items: Items Included in FY 2023 Expenditures $ Contracted Security Guard Services for Guardhouse and 50%of Rover 214,000 Gate Maintenance and Repairs 25,500 Set-aside for Renewal and Replacement of Capital Assets 20,000 Set-aside for Reserve 10,000 Guardhouse Utilities 7,000 Guardhouse Janitorial Services 4,000 OIG Set-aside 1,000 Other Miscellaneous Operating Expenditures 500 Total $282,000 The proposed FY 2023 ad valorem millage rate, which was approved by the Normandy Shores Homeowners' Association on July 5, 2022, and is recommended by the Administration for FY 2023, is 0.9717 mills, which is 0.0942 mills, or 8.8%, less than the adopted FY 2022 millage rate of 1.0659 mills. Based on the 2022 Certification of Taxable Value for the Normandy Shores Local Government Neighborhood Improvement District provided by the Miami-Dade Property Appraiser as of July 1, 2022, this proposed tax levy would generate proceeds of $296,828, which will be budgeted at approximately 95.0%, or $281,987 (rounded to $282,000), to account for early payment discounts, delinquencies, etc. This millage rate will fund the proposed FY 2023 budget summarized above for the District, with no City subsidy. Page 1065 of 1502 FY 2023 Normandy Shores Proposed Millage Rate July 20, 2022 Page 4 of 5 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 (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, 2022), 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 FY 2023. The "rolled-back" rate is the millage rate required to produce the same level of property tax revenue in FY 2023 as collected in FY 2022.The rate is calculated at 0.8864 mills,which is 0.1795 mills less than the millage rate of 1.0659 adopted for FY 2022. The"rolled-back" millage rate tax levy would generate proceeds of$270,771. The difference between the proposed millage rate for FY 2023 and the "rolled-back" rate levy is$26,057. After setting the proposed operating millage rate for the Normandy Shores Local Government Neighborhood Improvement District, the City Commission may, at any time prior to the final adoption, lower the proposed millage rate. However, any increase above the proposed rate of 0.9717 mills for FY 2023, 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 0.9407 mills (equivalent to a 6.13% increase in Property Tax revenues). The 1.0613 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 1.0348 mills(equivalent to a 10.0%increase in Property Tax revenues above Option I). • Option III:A unanimous approval of the Commission or referendum is required to approve a millage above 1.0348 mills. Adoption of the proposed FY 2023 millage rate of 0.9717 mills for the Normandy Shores Local Government Neighborhood Improvement District would, therefore, require a two-thirds approval (5 of 7 votes) by the City Commission per the State of Florida's Truth-in-Millaqe (TRIM) requirements. First Public Hearing The first public hearing on the proposed operating millage rate and budget for FY 2023 must be held no later than 80 days,or earlier than 65 days, from the start of the TRIM calendar(July 1st). Other guidelines are: 1)The public hearing cannot be scheduled on a Sunday or on those days utilized by Miami-Dade County or the Miami-Dade County School Board for their public hearing; Page 1066 of 1502 FY 2023 Normandy Shores Proposed Millage Rate July 20, 2022 Page 5 of 5 2) If on a day other than Saturday, it must be held after 5:00 P.M.; and, 3) Must be held immediately following discussion of the tentative millage and budget of its principal taxing authority(City of Miami Beach). Based on these guidelines,the first public hearing must be held between September 3, 2022 and September 18, 2022. The following dates are unavailable for the following reasons: September 4 and 11 Sundays September 7 Miami-Dade County School Board 2nd Public Hearing September 8 and 20 Miami-Dade County 1st and 2nd Public Hearing Of the remaining days available, it is recommended that the first public hearing be held on Wednesday, September 14, 2022, at 5:02 P.M., in the City Commission Chambers at 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139. Attachment A—FY 2023 Proposed Normandy Shores Budget ATH/JW/TOS Page 1067 of 1502 Attachment A FY 2023 Normandy Shores District Budget FY FY FY FY 2022 FY 2023 $Variance %Variance T 2019s FTA 2020s FT 2021ctuals i11 Adopted Proposed FY 2023 Proposed vs FY 2023 Proposed vs ABudget t0 Budget FY 2022 Adopted FY 2022 Adopted REVENUES Residents 164,450 173,550 17,900 252,000 282,000 30,000 11.9% City 88,550 93,450 93,100 0 0 0 0.0% Restitutions 191 595 1,662 1,677 0 0 0 0.0% Miscellaneous/Interest 1,408 1,131 80 0 0 0 0.0% Total $ 255,003 $ 269,793 $ 112,757 $ 252,000 $ 282,000 $ 30,000 11.996 EXPENDITURES Internal Service-Security Guard Services 1Q 210,000 217,000 210,000 214,000 214,000 - 0 0.0% Janitorial Services 1,067 3,892 3,877 4,000 4,000 0 0.0% Gate Repairs(AAA Repairs) 19,170 31,099 24,291 20,000 20,500 _ 500 2.5% Other Repairs and Maintenance 0 0 0 4,000 5,000 1,000 25.0% Internal Service-01G Set-Aside Rl 0 0 0 1,000 1,000 0 0.0% Utilities(Electricity&Telephone)161 1,723 5,835 5,655 7,000 7,000 0 0.0% RFID System 0 42,199 0 0 0 0 0.0% LPR Camera System 0 0 35,554 0 0 0 0.0% Renewal&Replacement Set-Aside m 0 0 0 0 20,000 20,000 .100.0% NOther Expenditures 1s1 5,957 936 4,367 2,000 500 (1,500) -75.0% NTransfer to Reserve 19i 0 0 0 0 10,000 10,000 100.0% Total $ 237,917 $ 300,961 $ 283,744 $ 252,000 $ 282,000 ' $ . 30,000 11.9% O coO Surplus/(Shortfall) $ 17,086 $ (31,168) $ (170,587) $ 0 $ 0 - $ 0 O REQUIRED MILLAGE 0.8161 0.8161 0.0773 1.0659 0.9717 (0.0942) -8.8% 01 M Existing Values i1°1 209,647,105 219,807,591 233,297,993 245,073,256 298,359,433 53,286,177 21.7% ,New Construction i10l 2,458,268 3,896,854 9,459,518 3,782,998 7,113,479 3,330,481 88.0% Total itsi 212,105,373 223,704,445 242,757,511 248,856,254 305,472,912 56,616,658 22.8% Value of 1 Mill 212,105 223,704 242,758 248,856 305,473 56,617 22.8% 95%of 1 Mill 201,500 212,519 230,620 236,413 290,199 53,786 22.8% Footnotes: i11 The FY 2021 millage and budget was adopted to comply with the$500 cap codified on the levy of property taxes per parcel for operations of the Normandy Shores Local Government Neighborhood Improvement District,which resulted in a significant reduction in revenue of$155,000 based on the decrease in the FY 2021 millage rate from the proposed millage of 0.7497 mills to 0.0773 mills.To offset the reduction In revenue in FY 2021,available fund balance projected in the Normandy Shores Fund of$135,000 was appropriated,the budget reduced by$20,000,and the City's original 35.0%subsidy of $93,100 maintained for FY 2021 111 Effective FY 2022,the City Commission adopted Ordinance 2020-4236 eliminating the$500 per parcel cap and Resolution No.2021-31819 eliminating the City's annual subsidy of 35.0%for operations of the Normandy Shores Local Government Neighborhood Improvement District,while maintaining the City's 50.0%contribution towards the cost of the security rover ("Per the Facilities&Fleet Management Department,necessary gate repairs funded outside of the District's budget were made and restitutions totaling$8,828.56 collected during FY 2( (')Security guard services for FY 2023 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$2,880 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 2023).The cost of the security rover and rental of golf cart is split-funded between Normandy Shores(50%)via Prop Mgmt.chargeback and the City(50%) isl Internal Service-DIG based on Adopted FY 2022 budget pending finalization of FY 2023 allocations Isl Utilities for FY 2023 based on FY 2022 actuais to date,plus projected increase of 4%in electricity based on notification from FPL on rate increase 17I FY 2023 Renewal and Replacement Set-Aside of$20,000 for future renewal and replacement of Normandy Shores guardhouse assets lei Other Expenditures for FY 2023 based on annual Special Taxing District state fee paid to the Department of Economic Opportunity t9)FY 2023 Transfer to Reserve of$10,000 budgeted to offset negative fund balance of$9,677 as of September 30,2021 i1°i FY 2023 values based an Certified Values received July 1,2022 from the Miami-Dade County Property Appraiser