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2010-27508 Reso~~ 1 RESOLUTION NO. 2010-27508 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING THE FINAL 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. 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 Locale 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`hs 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 5/7tnsvote (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, 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 and adopted a millage rate of 1:0375; and WHEREAS, accordingly on September 20, 2010, pursuant to Section 200.065 of the Florida Statutes, the City Commission, acting as the Board of Directors of the District, held .its second duly noticed public hearing to consider the Final Ad Valorem Millage and Final Operating Budget (FY 2010/11) for the District; and 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 20, 2010, the Board hereby adopts the Final 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. PASSED and ADOPTED this 20th day of September, 2010. _'ATTEST: _ ~~~~ Secretary to the District Ch irperso of the District APPROVED AS TO FORM & LANGUAGE ~ FOR EXECUTION Date COMMISSION ITEM SUMMARY Condensed Title: A resolution of the Board Of Directors of The Normandy Shores Local Government .Neighborhood Improvement District adopting the final Ad Valorem Millage Rate Of 1.0375 Mills For The Normandy Shores Neighborhood Improvement District, which is three and a half percent (3.5%) more than the "rolled- - back" rate of 1.0025 mills. rce intended outcome supported: Increase visibility of police; Maintain crime rates at or below national trends. 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 final Ad Valorem Millage Rate? item summa ircecommenaation: 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. The proposed ad valorem millage recommended by the Administration is 1.0375 mills to provide the current level of security required by this district. This tax levy will generate proceeds of $100,517. 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 $163,317 in FY 2010/11 represents a $15,940 increase (10.8%) over the FY 2009/10 budget of $147,377. The rolled-back rate is the millage rate required to produce the same level of property tax 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. The first public hearing on the tentative District millage rate and budget for FY 2010/11 was held on September 15, 2010. The millage rates presented herein are those which were tentatively adopted at the erid of the first public hearing held on that day. Adviso Board Recommendation: r~nanciai mtormation: Source of Amount Account Approved. Funds: .I -------------- - N/A 2 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Department Director I Assistant City Manager City Manager~~ '~ ~AT~E ~ Zo-l0 m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, voww.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager BATE: September 20, 2010 `\ SUBJECT: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING THE FINAL 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 4.0025 MILLS. 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 sets the following: 1) The final adopted millage rate for the Normandy Shores Neighborhood Improvement District for FY 2010/11: General Operating 1.0375 mills (0.8567 mills last year) 2) The final adopted millage rate of 1.0375 mills is 3.5°/o more than the "Rolled.-Back" Rate of 1.0025 mills. The first public hearing on the tentative District millage rate and budget for FY 201.0/11 was held on September 15, 2010. The millage rates presented herein are those which were tentatively adopted at the end of the first public hearing held on that day. 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 fo this gated community; FY 2009/10 represents its seventeenth. year of operation. The District was established by Ordinance 93-2881, and has the authority "to levyan 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°/o 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 FY 2010/11 Normandy Shores Millage Rate September 20, 2010 .. Page 2 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 final millage be adopted first. This is accomplished by adopting a Resolution which states the percent increase or decrease over the "Rolled-back" rate. Following this,. another Resolution which adopts the Normandy Shores District operating budget must be approved. (See accompanying District Budget Agenda item for details). The statute requires the name of the taxing authority,. the rolled-back rate, the percentage increase or decrease over the rolled-back rate, 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. The proposed ad valorem millage recommended by the Administration is 1.0375 mills to provide the current level of security required by this district. This tax levy will generate proceeds of $100,517. The total operating expenditures to provide the current service level to this district is $163,317 for FY 2010/1.1. 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. In order to close the budget shortfall of . $8,674 that resulted from decreasing the proposed millage from 1.0957 to 1.0375 at the July 14, 2010 Commission meeting, the Commission voted to waive the City's policy of not utilizing one- time, non-recurring revenue to subsidize recurring personnel, operating and maintenance costs. This allows the use of $5,639 Normandy Shores stash site dollars which resulted from the safe of the stash site in 1993, matched by an additional $3,035 in City dollars. The $163,317 in FY 2010/11 represents a $15,940 increase (10.8%) over the FY 2009/10 budget of $147,377. 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 are. required to generate $100,517 in property tax revenues by the district. The rolled-back rate is the millage rate required to produce the same level of property tax FY 2010/11 Normandy Shores Millage Rate September 20, 2010 Page 3 The rolled-back rate is the millage rate required to produce the same level of property tax 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. 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 2.747 mills less than the 10 mill cap.. CONCLUSION The City Commission, acting in its capacity as the Board of Directors of the District, should adopt the attached Resolution which adopts the final millage. JMG:KGB:JC