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2011-27700 Reso RESOLUTION NO. 2011 -27700 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 (FY) 2011/12; 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 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 1.0935 mills and that the Rolled -Back Rate be set at 0.9946 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 2011/12 General Operating 1.0935 mills 2) "Rolled -Back Rate" 0.9946 mills 3) The first public hearing on the proposed Normandy Shores Local Government Neighborhood Improvement District operating millage rate and tentative budget for FY 2011/12 shall be held on Wednesday, September 14, 2011 at 5:02 p.m., in the City Commission Chambers, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. PASSED and ADOPTED this 13th day of July, 2011. ATTEST: P at tit ! aAL CITY CLERK • • o * INCORP ORATED: 3 vet,- C • . � . , � \ APPROVED AS TO Nth 1 7 26 FORM & LANGUAGE & FnN EXECUTION ity "•m 0 to /c4) Condensed Title: 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 (FY) 2011/12; 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 hearing? Item Summary/Recommendation: The proposed ad valorem millage recommended by the Administration is 1.0935 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 2011/12 as collected in FY 2010/11. The rolled - back rate is calculated as 0.9946 or 0.0429 mills less than the millage rate of 1.0375 adopted for FY 2010/11. The FY 2011/12 proposed millage rate includes 0.0568 mills to fund the $5,639 shortfall in the FY 2010/11 budget that was funded by Normandy Shores stash site dollars as a one -time action by Commission. The FY 2011/12 proposed millage rate is above the maximum millage rate of 1.0001 allowed to be adopted by a majority vote, and will therefore require a 5/7 vote. Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 2 OBPI Total Financial Impact Summary: The increase of 0.056 mills from the prior year millage represents an annual increase of $15.17 to the City average 2010 homesteaded property of $271,000 taxable value (estimate based on Ad Valorem Assessment Roll as of August, 2010), for a total of approximately $296 per year ($25 per month). This tax levy will generate proceeds of $108,469. The total operating expenditures to provide the current service level to this district is $166,875 for FY 2011/12. The City of Miami Beach General Fund is required to provide 35% of the total operating expenditures ($58,406), and the City has funded the 35% for each of the eighteen years since the District was established The amount provided by the General Fund for this purpose in FY 2010/11 was $57,161. The $166,875 in FY 2011/12 represents a $3,558 increase (2.2 %) from the FY 2010/11 budget of $163,317, due to the estimated impact of the living wage ordinance on the security contract expenses City Clerk's Office Legislative Tracking: Sign -Offs: Department Director Assistant City Manager City Manager 41:1 AA I M I B EAC H AGENDA ITEM 1 DATE / -13—i/ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE. July 13, 2011 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 (FY) 2011/12; 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 2011/12: General Operating 1.0935 mills (1.0375) last year 2) "Rolled- Back" Rate (Truth In Millage) 0.9946 mills 3) The first public hearing to consider the proposed Normandy Shores Neighborhood Improvement District operating millage rate and tentative budget for FY 2011/12 shall be held on Wednesday, September 14, 2011 at 5:02 P.M., in the City Commission Chambers, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. FY 2011/12 Normandy Shores Proposed Millage Rate July 13, 2011 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 2011/12 represents its eighteenth year of operation. It 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. 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, 2011), to the Miami -Dade County Property Appraiser, a proposed operating millage rate, the calculated rolled -back rate and the date, time, P p P 9 9 , t e, and place of the first public hearing to consider the proposed operating millage rate and tentative budget for FY 2011/12. 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 1.0935, 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 2011/12 as collected in FY 2010/11. The rate is calculated as 0.9946, or 0.0429 mills less than the millage rate adopted for FY 2010/11. Further, pursuant to State Statute, 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: A majority of the approval of the Commission Millage is required to approve a millage up to 1.0001 (equivalent to a 0.55% increase in Property Tax revenues). The 0.55% increase is the state per capita personal income gain for the prior calendar year. FY 2011/12 Normandy Shores Proposed Millage Rate July 13, 2011 Page 3 of 4 • Option II: A two- thirds approval (5 of 7 votes) of the Commission is required to approve a millage up to 1.1001 (equivalent to a 10% 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 1.1001 mills The proposed rate of 1.0935 requires therefore a two- thirds approval (5 of 7 votes) of the Commission. ANALYSIS On July 1, 2011, the City received the 2010 Certification of Taxable Value from the Property Appraiser's Office stating that the taxable value for Normandy Shores is $104,411,853, which includes $370,264 due to new construction, renovation, etc. The preliminary value represents an increase of $2,428,718 from the July 1, 2010 Certification of taxable Value of $101,983,135 (2.4 percent) and an increase of 4.7 percent over 2010's final value of $99,739,506. Operating Millage and Budget The proposed ad valorem millage recommended by the Administration is 1.0935 mills to provide the current level of security required by this district. This tax levy will generate proceeds of $108,469. The increase of 0.0560 mills from the prior year millage represents an annual increase of $15.17 to the City average 2010 homesteaded property of $271,000 taxable value (estimate based on Ad Valorem Assessment Roll received from the Miami Dade County Property Appraiser on August 17, 2010), a total of approximately $296 per year ($25 per month). The total operating expenditures to provide the current service level to this district is $166,875 for FY 2011/12. The City of Miami Beach General Fund is required to provide 35% of the total operating expenditures ($58,406), and the City has funded the 35% for each of the eighteen years since the District was established. The amount provided by the General Fund for this purpose in FY 2010/11 was $57,161. The $166,875 in FY 2011/12 represents a $3,558 increase (2.2 %) from the FY 2010/11 budget of $163,317, primarily due to the estimated impact of the living wage ordinance on the security contract expenses. It must be noted that in FY 2010/11, the adopted millage rate of 1.0375 resulted in a budget shortfall of $8,674. In order to close this gap, 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 and allowed the use of $5,639 Normandy Shores stash site dollars which resulted from the sale of the stash site in 1993, matched by an additional $3,035 in City dollars. Since this was a one -time action, the FY 2011/12 proposed millage rate includes 0.0568 mills to fund this amount. 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 2011 Certification of Taxable Value and has been set at $104,412. 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 $99,191. Accordingly, 1.0935 mills are required to generate $108,469 in property tax revenues by the district. FY 2011/12 Normandy Shores Proposed Millage Rate July 13, 2011 Page 4 of 4 First Public Hearing The first public hearing on the proposed operating millage rate and tentative budget for FY 2011 /12must be held no later than 80 days (September 18th) or earlier than 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 or the Miami - Dade County 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). 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 4,11 and 18 Sundays September 8 and 22 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 14, 2011 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