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2010-27450 ResoRESOLUTION NO' 2010-27450 ~, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT SETTING 1) THE PROPOSED GENERAL OPERATING MILEAGE 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 MILEAGE RATE AND BUDGET FOR FISCAL YEAR (FY) 2010/11; 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 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 simple majority (4/7) vote is 1.0375; and WHEREAS, the City administration had proposed a millage of 1.0957 sufficient to cover the current service level budget; and WHEREAS, the proposed millage of 1.0957 failed to obtain the 5R vote required to exceed the 1.0375 millage; and WHEREAS, the Mayor and City Commission of the City of Miami Beach, acting 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 1.0375 mills; and WHEREAS, the City of Miami Beach is required to advise the Miami-Dade County Property Appraiser of the Proposed Normandy Shores 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 -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 2010/11 General Operating 1.0375 mills 2) "Rolled-Back Rate" 1.0025 mills 3) The first public hearing on the proposed Normandy Shores Local Government Neighborhood Improvement District operating millage rate and tentative budget . for FY 2010/11 shall be held on Wednesday, September 15, 2010 at 5:02 p.m., in the City Commission Chambers, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. PASSED and ADOPTED this 14th day of July, 2010. ATTEST: CITY C ERK M YOR APPROVED AS TO FORM & i.ANGUAGE '& F(1H EXECUTION ~~' ~ ~ 4 ~ ~ om ata COMMISSION ITEM SUMMARY Condensed Title: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT SETTING 1) THE PROPOSED GENERAL OPERATING MILEAGE 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 MILEAGE RATE AND BUDGET FOR FISCAL YEAR (FY) 2010/11; 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 Key intended outcome Supported: Increase visibility of police; Maintain crime rates at or below national trends Supporting Data (Surveys, Environmental Scan, etc.): In the 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 Proposed General Operating Millage Rate; the Calculated Rolled-Back Rate; and sets the date, time and place for the first public hearin ? Item Summa The proposed ad valorem millage recommended by the Administration is 1.0957 mills to provide the current level of security required by this district. The rolled-back rate is the millage rate required to produce the same level of property tax revenue on FY 2010/11 as collected in FY 2009/10. The rolled- back rate is calculated as 1.0025 or 0.1458 mills more than the millage rate of 0.8567adopted for FY 2009/10. Board Recommendation: Financial Information: Source of Amount Account Funds: ~ ~~ 2 OBPI Total Financial Impact Summary: The increase of 0.2390 mills from the prior year millage represents an annual increase of $60.24 to the City average homesteaded property of $252,043 taxable value, a total of approximately $276 per year ($23 per month). Properties with assessed values at or near market values will likely experience a decline in taxable value, thereby offsetting this increase. This tax levy will generate proceeds of $106,156. The total operating expenditures to provide the current service level to this district is $163,317 for FY 2010/11. The City of Miami Beach General Fund is required to provide 35% of the total operating expenditures ($57,161), and the City has funded the 35% for each of the seventeen years since the District was established. The amount provided by the General Fund for this purpose in FY 2009/10 was $51,582. The $163,317 in FY 2010/11 represents a $15,940 increase (10.8%) from the FY 2009/10 budget of $147,377, primarily due to the estimated impact of the living wage ordinance on the security contract ex enses. Ci Clerk's Office Le islative Trackin Si n-Offs• Department Director Assistant. City Manager ~ City Manager m MIAMIBEACH (r`'~ ~d R„'„a m MIAMIBEACH City of Miami Beoch, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachFl.gov COMMISSION MEMORANDUM To: Mayor Matti Herrera Bower and Members of the City Comm' ion FROM: Jorge M. Gonzalez, City Manager DATE: July 14, 2010 SUBJECT: A RESOLUTION OF THE BOARD O~DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT SETTING 1) THE PROPOSED GENERAL OPERATING MILEAGE 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 MILEAGE RATE AND BUDGET FOR FISCAL YEAR (FY) 2010/11; 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 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) Proposed Operating Millage Rate of the Normandy Shores Neighborhood Improvement District for FY 2010/11: General Operating 1.0957 mills (0.8567) last year 2) "Rolled-Back" Rate (Truth In Millage) 1.0025 mills 3) The first public hearing to consider the proposed Normandy Shores Neighborhood Improvement District operating millage rate and tentative budget for FY 2010/11 shall be held on Wednesday, September 15, 2010 at 5:02 P.M., in the City Commission Chambers, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. FY 2010/11 Normandy Shores Proposed Millage Rate July 14, 2010 Page 2 of 4 BACKGROUND The Normandy Shores Local Government Neighborhood 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 2010/11 represents its seventeenth year of operation. It was established by Ordinance 93-2881, and has the authority '~o levy an ad-valorem tax on real and personal property of up to two mills, provided that no panel of property will be assessed more than $500 annually forsuch 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 Neighbofiood 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. Statutory Requirement FS 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, 2010), 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 tentative budget for FY 2010/11. 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 millage rate of 1.0957, if adopted, would require an expensive mailing and advertising process to each property owner of Normandy Shores. Therefore, this proposed millage rate is viewed as the ceiling. The rolled-back rate is the millage rate required to produce the same level of property tax revenue on FY 2010/11 as collected in FY 2009/10. The rate is calculated as 1.0025, or 0.1458 mills more than the millage rate adopted for FY 2009/10. Further, pursuant to recently enacted State legislation, the City may elect to approve millage rates above the roll-back rate up to the constitutional cap of 10 mills subject to the following votes by the Commission or referendum: • Option I: Millage up to 1.0375 (equivalent to a 1.89% decrease in Property Tax revenues) requires majority of the approval of the Commission. The 1.89% decrease is the state per capita personal income loss for the prior calendar year. FY 2010/11 Normandy Shores Proposed Millage Rate July 14, 2010 Page 3 of 4 • Option II: Millage up to 1.1413 (equivalent to a 10% increase in Property Tax revenues above Option I) requires atwo-thirds approval (5 of 7 votes) of the Commission. The proposed rate of 1.0957 requires therefore atwo-thirds approval (5 of 7 votes) of the Commission. ANALYSIS On July 1, 2010, the City received the 2010 Certification of Taxable Value from the Property Appraiser's Office stating that the taxable value for Normandy Shores is $101,983,135, which includes $1,289,587 due to new construction, renovation, etc. The preliminary value represents a decrease of $15,726,022 from the July 1, 2009 Certification of taxable Value of $117,709,157 (13.4 percent) and a decrease of 13.5 percent over 2009's final value of $117,832,096. Operating Millage and Budget The proposed ad valorem millage recommended by the Administration is 1.0957 mills to provide the current level of security required by this district. This tax levy will generate proceeds of $106,156. The increase of 0.2390 mills from the prior year millage represents an annual increase of $60.24 to the City average homesteaded property of $252,043 taxable value, a total of approximately $276 per year ($23 per month). Properties with assessed values at or near market values will likely experience a decline in taxable value, thereby offsetting this increase. The total operating expenditures to provide the can-ent service level to this district is $163,317 for FY 2010/11. The City of Miami Beach General Fund is required to provide 35% of the total operating expenditures ($57,161), and the City has funded the 35% for each of the seventeen years since the District was established. The amount provided by the General Fund for this purpose in FY 2009/10 was $51,582. The $163,317 in FY 2010/11 represents a $15,940 increase (10.8%) from the FY 2009/10 budget of $147,377, primarily due to the estimated impact of the living wage ordinance on the security contract expenses. 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 2010 Certification of Taxable Value and has been set at $101,983. 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 $96,884. Accordingly, 1.0957 mills are required to generate $106,156 in property tax revenues by the district. First Public Hearing The first public hearing on the proposed operating millage rate and tentative budget for FY 2010/11 must be held no laterthan 80 days (September 18th) orearlierthan 65 days (September 3rd) 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 ortheMiami- DadeCounty School Board for their public hearing; 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). FY 2010/11 Normandy Shores Proposed Millage Rate July 14, 2010 Page 4 of 4 Based on these guidelines, the first hearing must be held between September 3rd and September 18th. These dates are unavailable for the following reasons: September 5 and 12 Sundays September 13 and 23 Proposed dates for Miami-Dade County Public Hearing September 7 Miami-Dade County School Board Public Hearing Of the remaining days, it is recommended that the first public hearing be set for Wednesday, September 15, 2010 at 5:02 P.M., in the City Commission Chambers, City Hall, 1700 Convention Center Drive, immediately following the City of Miami Beach's public hearing. JMG:KB:JC