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2010-27494 Reso R7H1I, 2010-27494 RESOLUTION NO. ~~ A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING THE TENTATIVE AD VALOREM MILEAGE OF 1.0375 MILLS FOR FISCAL YEAR (FY) 2010/11 FOR THE NORMANDY SHORES LOCAL GOVERNMENT DISTRICT, WHICH IS THREE AND A HALF PERCENT (3.5%) MORE THAN THE "ROLLED-BACK" RATE OF 1.0025 MILLS, SUBJECT TO A SECOND PUBLIC HEARING SCHEDULED ON MONDAY, SEPTEMBER 20, 201.0 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 simple majority (4/7) vote is 1.0375; anything beyond that requires a 5/7~'S vote; and WHEREAS, on July 14, 2010, the City Administration had proposed a millage of 1.0957, which would have been sufficient to cover the current service level budget; and WHEREAS, the proposed millage of 1.0957 failed to obtain the required 5/7~'Svote (i.e. required to exceed the 1.0375 millage); and WHEREAS, on July 14, 2010, the Mayor and City Commission, acting as the Board of Directors of the District, adopted Resolution No. 2010-27450, which set the Proposed General Operating Millage Rate at 1.0375; and WHEREAS, accordingly, on September 15, 2010, pursuant to Section 200.065 of the Florida Statues, 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 (FY 2010/11) for the District. 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 15, 2010, the Board hereby adopts the Tentative Operating Millage rate of 1..0375 mills for the District for FY 2010/11, which is three and a half percent (3.5%) more than the "Rolled-back" rate of 1.0025 mills, subject to a second public hearing scheduled on Monday, September 20, 2010, at 5:02 P.M. PASSED and ADOPTED this 15th day of September 2010. Ch ~r ers of a is ric ATT ST: ; ~ C,~.Fi` Secretary to the District APPROVED AS TO FORM & LANGUAGE & FAH EXECUTION ., ~a~~ ity o ate COMMISSION ITEM SUMMARY Condensed Title: A resolution of the Board Of Directors of The Normandy Shores Local Government Neighborhood Improvement District adopting the tentative Ad Valorem Millage Rate Of 1.0375 Mills For The Normandy Shores Neighborhood Improvement District, which is three and a half (3.5%) more than the °rolled-back" rate of 1.0025 mills, subject to a second public hearing scheduled on Monday, September 20, 2010 At 5:02 P.M. Ke Intended Outcome Su orted: j Increase visibility of police; Maintain crime rates at or below national trends. j Supporting Data (Surveys, Environmental Scan, etc.): In 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 tentative Ad Valorem Millage Rate; the Calculated Rolled-Back Rate; and sets the date, time and'place for the second ublic hearin ? j Item Summary/Rpr_nmmanria+inn• 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. I On July 14, 2010, the City administration had proposed a millage of 1.0957, sufficient to cover the $163,317 current service level budget and offset the 13.5% decline in property values for Normandy Shores. The proposed millage rate failed to obtain the 5/7 vote required for the millage rate of 1.0957, therefore the millage was approved at 1.0375 (simple majority vote). The revised proposed ad valorem millage of 1.0375 mills will generate proceeds of $100,517, or $5,639 less in revenues to pay for security services required by this district. The effect on the District is a shortfall in the budget of $5,639. 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. With the decrease in the millage, the City's portion would decrease to $54,126, for a total shortfall of $8,674. Advisory Board Recommendation: Financial Information: Source of Amount Account Approved Funds: ~ N/A 2 OBPI Total Financial Impact Summary: ~ City Clerk's Office Legislative Tracking: ~ Sign-Offs: Depa m t Dire or Assistant City Manager ity Manager j -- O m MIAMIBEACH AGENDA ITEM _ ~~ N DATE ~-IS 1t7 _ j ~..__ m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miomibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Com FROM: Jorge M. Gonzalez, City Manager DATE: September 15, 2010 ~~.~ SUBJECT: A RESOLUTION OF THE BOARD O DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING THE TENTATIVE AD VALOREM MILEAGE OF 1.0375 MILLS FOR FISCAL YEAR (FY) 2010/11 FOR THE NORMANDY SHORES LOCAL GOVERNMENT DISTRICT, WHICH IS THREE AND A HALF PERCENT (3.5%) MORE THAN THE "ROEEED-BACK" RATE OF 1.0025 MILLS, SUBJECT TO A SECOND PUBLIC HEARING SCHEDULED ON MONDAY, SEPTEMBER 20, 2010 AT 5:02 P.M. 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 Neighbofiood Improvement District, adopt the attached resolution which sets the following: 1) The tentatively adopted millage rate of the Normandy Shores Neighbofiood~ Improvement District for FY 2010/11: General Operating 1.0375 mills (0.8567 mills last year) j 2) The tentatively adopted millage rate of 1.0375 mills is 3.5% more than they "Rolled-Back" Rate of 1.0025 mills 3) The second public hearing to consider the final Normandy Shores Neighborhood Improvement District operating millage rate and tentative' budget for FY 2010/11 shall be held on Monday, September 20, 2010 ate 5:02 P.M., in the City Commission Chambers, City Hall, 1700 Convention' Center Drive, Miami Beach, Florida. BACKGROUND The Normandy Shores Local Government Neighborhood Improvement District (the 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. FY 2010/11 Normandy Shores Tentative Millage Rate September 15, 2010 Page 2 of 3 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': 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 Neighborhood 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. 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'., City of Miami Beach. It also prescribes 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. Following this, another Resolution which tentatively adopts the Normandy Shores District operating budget must be approved. (See accompanying District Budget Agenda item for details). I The statute requires 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. 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. i I Section 200.065 of Florida Statutes specifies the method by which municipalities may fix the operating millage rate and adopt an annual budget for dependent taxing districts. The maximum millage that can be approved by a simple majority (4/7) vote is based on property tax revenue in prior years adjusted for changes in per capita Florida; personal income growth. For FY 2010/11, the maximum millage rate is 1.0375. State Statute allows for a 10% above maximum millage with a 5/7 vote. FY 2010/11 Normandy Shores Tentative Millage Rate ~ ' September 15, 2010 Page 3 of 3 ~, On July 14, 2010, the City administration had proposed a millage of 1.0957, sufficient to cover the $163,317 current service level budget and offset the 13.5% decline in property values for Normandy Shores. The proposed millage rate failed to obtain the 5/7 vote required for the millage rate of 1.0957, therefore the millage was approved at 1.0375 (simple majority vote). The revised proposed ad valorem millage of 1.0375 mills will generate proceeds of $100,517, or $5,639 less in revenues to pay for security services required by this district. The effect on the District is a shortfall in the budget of $5,639. 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. With the decrease in the millage, the City's portion would decrease to $54,126, for a total shortfall of $8,674. i 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, 1.0375 mills will generate $100,517 in property tax revenues for the district. ii The rolled-back rate is the millage rate required to produce the same level of property ta'x revenue in 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. ~ I ~ It must be noted that in accordance with State Statute, there is a 10 mill operating cap which cannot be exceeded without voter approval. Combining both millages from the dependent district (1.0375) and the principal taxing authority (6.2155) totals 7.253 mills, which is 2.74 mills less than the 10 mill cap. CONCLUSION . The City Commission, acting in its capacity as the Board of Directors of the District, shy adopt the attached Resolution which establishes a tentative millage and schedules second and final public hearing. JMG:KB:JC _ ... ~s~ M~~MIB~AC NorlcF is _~~'L~~: ~~/~~'/i i . and Cir HEREBY give `hat /`i~~~ Foada ~s, ~ tlooon of the Cit Public heari ~~ on Wednesday QHall,.,"~ Ciaonv Btio hs Flol ride meld by tfte M 5:07 P m. Piernber ANU g~ST PUBLIC 15'", 2010, to onside~nvehryjCOmmiss/o~r BEgCH. 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