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2010-27495 Reso R7H2RESOLUTION NO. 2010-27495 i A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMAI SHORES LOCAL GOVERNMENT NEIGHBORHOOD ~IMPROVEM DISTRICT ADOPTING THE TENTATIVE OPERATING BUDGET FOR FIS YEAR (FY) 2010/11, SUBJECT TO A SECOND PUBLIC HEAF SCHEDULED ON MONDAY, SEPTEMBER 20, 2010 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 a tentative budget has been developed to fund projected Fiscal Year (FY) 2010/11 District operating expenses; 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 vote (4/7t"S vote) is 1.0375; beyond this, would require a 5/7tnsvote; and ~ WHEREAS, on July 14, 2010, 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 required 5/7tns vote (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 for the District at 1.0375; and WHEREAS, the effect of the Proposed Operating Millage Rate of the District being set at 1.0375 results in a shortfall in the annual operating budget of the District, in the amount of $5,639; and ~ WHEREAS, the City Administration evaluated two possible options on funding this shortfall, and recommends using funding from the proceeds from the City's sale of the Normandy Shores stash site (in 1993) to make up the difference; and WHEREAS, the Administration met with the District Board and' the President of the Normandy Shores Homeowners' Association in August and they requested that these funds be utilized to cover the shortfall; and WHEREAS, in order to utilize these funds, the Commission would need to waive the established City's policy of not utilizing one-time, non-recurring revenue to subsidize recurring personnel, operating, and maintenance costs; and WHEREAS, this one-time use represents only a small percentage of the available funds; and ~ I WHEREAS, to ensure that a shortfall does not re-occur in FY2011/12, and that the City does not continue to use one-time revenues for recurring expenses, the Administrations' recommendation would be that the City Commission increase the millage for the District next year, in order to recapture the current service level funding going forward; and WHEREAS, accordingly, on September 15, 2010, pursuant to Section 200.065 of the 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 (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 waives the City's policy of not utilizing one-time, non-recurring revenue to subsidize recurring personnel, operating and maintenance costs, and adopts the Tentative Operating Budget (FY 2010/11) for the Normandy Shores Local Government Improvement District, as summarized and listed below, subject to a second public hearing, scheduled on Monday, September 20, 2010 at 5:02 P. M.: Revenues Ad Valorem Tax Proceeds from Sale of Stash Site City's Genaral Fund Total Expenses Security Service Maintenance Total Revised Budget 1.0375 Mills $ 100,517 5,639 57,161 $ 163,317 $ 152,792 10,525 $ 163,317 PASSED and ADOPTED this 15th day of September, 2010. of the ATTEST: ~ P~.~,~ Secretary to the District APPROVED AS FORM & LANGU & FnH EXECUT a1g\iu Condensed Title: COMMISSION ITEM SUMMARY A resolution adopting the tentative operating budget for the Normandy Shores Local Government Neighborhood Improvement District for Fiscal Year (FY) 2010/11 subject to a second public hearing scheduled on Mon ay, Se tember 20, 2010 at 5:02 .m. Key Intended Outcome Supported: ~ ~ Increase visibility of police; Maintain crime rates at or below national trends. I - -- upporting Data (Surveys, Environmental Scan, etc.): In 2009 Community Survey, both residents and businesses reported the following areas for the City to address i an effort to improve public safety: • Preventing crime (Residents: 44.9%, Business: 43.9%) • Increasin olice visibili ~ 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, approve the tentative operating budget for the District for FY 2010/11 in the amount of $163,317 subject to a second Public Hearing scheduled on Monday, September 20, 2010, at 5:02 P.M? I Item Summa /Recommendation: ~ On July 14, 2010, the City administration had proposed a millage rate 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. The City has evaluated two possible options on closing this shortfall and recommends using Option 1. This option maintains the current security service level and uses the Normandy Shores stash site dollars which resulted from~the sale of the stash site in 1993, as requested by the Normandy Shores Homeowners' Association. These funds are to be used exclusively for the island. While the Administration is continuing to research the final account balance, the fund currently has at least $70,000. The Administration met with the District Board and the President of the Normandy Shores Homeowners' Association in August and they requested that these funds be utilized to cover the shortfall. In order to utilize these funds, the Commission would need to waive the City's policy of not utilizing one-time, non- recurring revenue to subsidize recurring personnel, operating and maintenance costs. However, this one-time use represents only a small percent of the available funds. To ensure that a shortfall does not re-occur in FY2011~12, and that the City does not continue to use one-time revenues for recurring expenses, the intent would be to increase the millage for the Normandy Shores Local Government Neighborhood Improvement District next year in order to recapture the current service level funding going forward. Advisory Board Recommendation: i Financial Information: Source of F Amount Account Approved unds: 1 $ 100,517 Normandy Shores District 2 5,639 Proceeds from Sale of Stash Site 3 57,161 Genera! Fund OBPI Total $ 163,317 1 Financial Impact Summary: I Glerk's Office Legislative Tracki uepantment uirec~r I Assistant City Manager I City Manager ~ m MIAMIBEACH nn~ AGENDA ITEM R 1 ~"~ 2 DATE ~"~ s ~(7 I i m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachH.gov COMMISSION MEMORAND TO: Mayor Matti Herrera Bower and Members of the Ci Commission FROM: Jorge M. Gonzalez, City Manager DATE: September 15, 2010 SUBJECT: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHOF LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPT THE TENTATIVE OPERATING BUDGET FOR FISCAL YEAR (F~ 2010/11 SUBJI TO A SECOND PUBLIC HEARING SCHEDULED ON MONDAY, SEPTEMBER 2010 AT 5:02 P.M. i ADMINISTRATION RECOMMENDATION Adopt the Resolution which establishes the tentative operating budget for the Normandy Shores Local Government Neighborhood improvement District for FY 2010/11 in the amount of $163,317, subject to a second public hearing to be held on Monday, September 20, 2010. 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. 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°/a 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 wwith 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 tentative millage for Normandy Shores District has been adopted (See accompanying District Millage Agenda Item for details}. FY 2010/11 Normandy Shores Proposed Budget September 15, 2010 Page2of3 ANALYSIS The FY 2010/11 budget to maintain the current service levels is $163,317, which incl adjustment of $13,890 due to recently enacted changes in the City's Living Wage Oi which impacted contracted employees including security guards. The budget for FY 200! $147,377. Section 200.065 of Florida Statutes specifies the method by which municipalities m operating millage rate and adopt an annual budget for dependent taxing districts. The i millage that can be approved by a simple majority (4/7) vote is based on property tax n prior years adjusted for changes in per capita Florida personal income growth. For FY the maximum millage rate is 1.0375. State Statute allows fora 10% above maximur with a 5/7 vote. On July 14, 2010, the City administration had proposed a millage of 1.0957, sufficient the $163,317 current service level budget and offset the 13.5% decline in property v Normandy Shores. The proposed millage rate failed to obtain the 5/7 vote require millage rate of 1.0957, therefore the millage was approved at 1.0375 (simple majority The revised proposed ad valorem millage of 1.0375 mills will generate proceeds of $10 $5,639 less in revenues to pay for security services required by this district. The effe District is a shortfall in the budget of $5,639. The City of Miami Beach General Fund is to provide 35% of the total operating expenditures ($57,161), and the City has funded for each of the seventeen years since the District was established. With the decrea millage, the City's portion would decrease to $54,126, for a total shortfall of $8,674. The City has evaluated two possible options on closing this shortfall. OPTION 1 The Normandy Shores Homeowners' Association has requested that service le maintained at existing levels through the use of the Normandy Shores stash site dolla resulted from the sale of the stash site in 1993 (see attached letter). These funds are to exclusively for the island. While the Administration is continuing to research the final balance, the fund currently has at least $70,000. The Administration met with the Distri and the President of the Normandy Shores Homeowners' Association in August requested that these funds be utilized to cover the shortfall. In. order to utilize these funds, the Commission would need to waive the City's poll utilizing one-time, non-recurring revenue to subsidize recurring personnel, opera maintenance costs. However, this one-time use represents only a small portion of the funds. To ensure that a shortfall does not re-occur in FY2011l12, and that the City continue to use one-time revenues for recurring expenses, the intent would be to incr millage for the District next year in order to recapture the current service level fundi forward. udes an dinance t/10 was fix .the enue in )10/11, millage > cover ues for for the ate). 517, or on the :35% in the vets be s which be used account ;t Board nd they of not ~ and ~ilable ~s not se the going FY 2010/11 Normandy Shores Proposed Budget September 15, 2010 Page 3 of 3 OPTION 2 Reduce the level of security services by approximately 500 hours at the end of the fiscal year. If the homeowners agree to fund the shortfall, the City would match the district's contribution using the established 65/35% split. The original proposed operating budget was amended as follows to reflect option 1: Revised Budget Original Budget 1.0375 Mills 1.0957 Mills Revenues Ad Valorem Tax $ 100,517 $ 106,156 Proceeds from Sale of Stash Site 5,639 0 City's General Fund 57,161 57,161 Total $ 163,317 $ 163,317 Expenses Security Service $ 152,792 $ 152,792 Maintenance 10,525 10,525 Total $ 163,317 $ 163,317 CONCLUSION I 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 operating budget consistent with Option 1 and schedules the second and final public hearing. ~ JMG:K:JC From: minas@aol.com [mailto:mina5@aol.com] Sent: Tuesday, August 24, 2010 10:13 PM To: Libbin, Jerry; Rodriguez, Enid Subject: Letter To Cover Budget Deficit Dear Commissioner: Attached please find our HOA letter requesting the use of funds from the sale of'th across from the golf course to cover the budget deficit this coming year. We really appreciate your help with this matter. I i Thank You Mickey Minagorri President HOA Normandy Shores two parcels Normandy Shores Homeowners Association 1065 Fairway Dr. Miami Beach, Florida 33141 Dear Commissioner Li66in, It has been brought up to our attention that Normandy Shores tivill have a budget deficit for this coming fiscal year of ($8,674.). Because of this deficit, one of the recommendations has been to leave the guard house at ; our island entrance unattended between the hours of ~ ~~ 3:ooam and4:3oam daily. Besides creating a ~~ management nigFitmare for the security company to ~, have to create two full time sFi~s and two part-time ' sGc~s to meet tGcis new schedule, it also creates a security! risk for the entire island It is my understanding, tGcat there are moneys still i remaining in a specialfundfrom the sale of the two ~' parcels of land across from the golf course. I believe this is a perfect opportunity for our island to request that this deficit 6e coveredwitFc the funds available in that account. .9-Toping that you can help us resolve this matter, I remain. .Mickey .~-~linagorri 7'resident .~f0.~1. Normandy SGcores Miami Beach, Florida . _. ,..~._.. /V11gM 1 B _. ,.~ NOTICE t5 ,"' ®~ ~{.iQIL~/'~ ~C p~.rH. ana~ itY Co HEREBY gwe ` ~/~ 5 oorida, on Wednl sdaY S t Hep 17ppMiamh gea ~s will be hel ~~ ANA FIRST PUB ePiernberl$ ~2070,~o CelmeaDrVehe ommSSY°or BEACH UDGET FAR FEA AIN YEAOpT t NG THE consider phe foMia ^igBeachn owl 5:02p,m R 2070/20ty ?ROPOSED CgBUOGET FpR FHEARING AO FOR THE C 7y pF MME In9uiriesGOVERNMENTNEIIGHB R ~~~ 201 THE pRpp e TERESTEp p e directed to the g HOOD IMpq p~E~E N pgMAN~Dy GE RATE COmmissloent, orRtolE Xa<'e invited Eo get Offloe at (305) g 3T pISTRICT. SHORES H~1' Mlami 4 c% the Ci Press their PPear at this 7510. . public ins Beach Flori ~ Clerk, 1 ~0 ws in w . ,meeting. or h°.SVention Celnte~uring~o~a39. 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