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2011-27733 Reso RESOLUTION NO. 2011 - 27733 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING THE TENTATIVE AD VALOREM MILLAGE OF 1.0935 MILLS FOR FISCAL YEAR (FY) 2011/12 FOR THE NORMANDY SHORES LOCAL GOVERNMENT DISTRICT, WHICH IS NINE AND NINE - TENTH PERCENT (9.9 %) MORE THAN THE "ROLLED- BACK" RATE OF 0.9946 MILLS, SUBJECT TO A SECOND PUBLIC HEARING SCHEDULED ON TUESDAY, SEPTEMBER 27, 2011 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 1.0001; anything beyond that requires a 5 /7 vote; and WHEREAS, on July 13, 2011, the City Commission adopted Resolution 2011 -27700 which set the proposed operating millage rate for the District at 1.0935 mills for the purpose of providing security services within the District; and WHEREAS, accordingly, on September 14, 2011, 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 2011/12) 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 14, 2011, the Board hereby adopts the Tentative Operating Millage rate of 1.0935 mills for the District for FY 2011/12, which is nine and nine -tenth percent (9.9 %) more than the "Rolled- back" rate of 0.9946 mills, subject to a second public hearing scheduled on Tuesday, September 27, 2011, at 5:02 P.M. PASSED and ADOPTED ti` September 2011. �•� * Is % *. - "'""�:•� • • . irpers • of the District ATTEST: = : INCORP ORATED' * APPROVED AS TO • GiC _ .,, `\, < O FORM & LANGUAGE Secretary to t e District 'N • 777 .. & FO• EXECUTION r C i f/ 26 -Alkiams. " , tq� P Cit Attome n� , - Date 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 1.0935 Mills For The Normandy Shores Neighborhood Improvement District, which is nine and nine -tenth (9.9 %) more than the "rolled- back" rate of 0.9946 mills, subject to a second public hearing scheduled on Tuesday, September 27, 2011 At 5:02 P.M. Key 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 tentative Ad Valorem Millage Rate; the Calculated Rolled -Back Rate; and sets the date, time and place for the second 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. 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. The 1.0935 mills will generate proceeds of $108,469, 65 percent of the proposed district budget. In addition, the City of Miami Beach General Fund is required to provide 35% of the total operating expenditures ($58,406). The City has funded the 35% for each of the eighteen years since the District was established. 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). 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. 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 Approved Funds: 1 N/A 2 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Sign -Offs: Departmen Directo Assistant City Manager City Manager CA AA AAA BEACH AGENDA ITEM R7 g DATA 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 oft City Commission FROM: Jorge M. Gonzalez, City Manager DATE: September 14, 2011 SUBJECT:A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING THE TENTATIVE AD VALOREM MILLAGE OF 1.0935 MILLS FOR FISCAL YEAR (FY) 2011/12 FOR THE NORMANDY SHORES LOCAL GOVERNMENT DISTRICT, WHICH IS NINE AND NINE -TENTH PERCENT (9.9 %) MORE THAN THE "ROLLED- BACK" RATE OF 0.9946 MILLS SUBJECT TO A SECOND PUBLIC HEARING SCHEDULED ON TUESDAY, SEPTEMBER 27, 2011 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 Neighborhood Improvement District, adopt the attached resolution which sets the following: 1) The tentatively adopted millage rate of the Normandy Shores Neighborhood Improvement District for FY 2011/12: General Operating 1.0935 mills (1.0375 mills last year) 2) The tentatively adopted millage rate of 1.0935 mills is 9.9% more than the "Rolled- Back" Rate of 0.9946 mills 3) The second public hearing to consider the final Normandy Shores Neighborhood Improvement District operating millage rate and tentative budget for FY 2011/12 shall be held on Tuesday, September 27 2011 at 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 2011/12 represents its eighteenth year of operation. FY 2011/12 Normandy Shores Tentative Millage Rate September 14, 2011 Page2of3 The District was established by Ordinance 93 -2881 and has the authority "to levy an ad- y � y y 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). 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, 2011, the City received the 2011 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. 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). 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 FY 2011/12 Normandy Shores Tentative Millage Rate September 14, 2011 Page 3 of 3 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. The rolled -back rate is the millage rate required to produce the same level of property tax revenue in 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. • 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. 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 (1.0935) and the principal taxing authority (6.2155) totals 7.309 mills, which is 2.691 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 establishes a tentative millage and schedules the second and final public hearing. MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Ba h Florida, on Wednesday, Commisson of ember 14T " tl 2 011 t t o Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami consider the following: 5:01 p.m. THE FIRST PUBLIC HEARING ADOPTING THE PROPOSED MILLAGE RATE AND BUDGET FOR FISCAL YEAR 2011/2012 FOR THE CITY OF MIAMI BEACH. 5:02 p.m. THE FIRST PUBLIC HEARING ADOPTING THE PROPOSED MILEAGE RATE AND BUDGET FOR FISCAL YEAR 2011/2012 FOR THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT. Inquiries may be directed to the Budget Office at (305) 673 -7510. r at this meeting, or be represented by an agent, or to express their views in writing addressed to the to appear g ordinances INTERESTED PARTIES are invited pp Florida 33139. Copies of these ordin i Beach City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, tY Clerk's Office, 1700 Convention Center Drive l st Floor, City Hall, and the City Clerk are available for public inspection during normal business hours in t ty Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided. Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal at any v ci m ad d of the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure does not constitute proceedings is made, which record includes the testimony and evidence upon Q CCelevant evidence, dence�noe does authori�e challenges or appeals consent by the City for the introduction or admission of otherwise inadmissible not otherwise allowed by law. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and /or any accommodation to review any document or participate in any city-sponsored proceeding, e di(g, please Relay contact (305) 6 604-2489 9 (voice), (305)673- 7218(TTY) five days in advance to initiate your request, TTY users may 18NE I THURSDAY, AUGUST 25, 2011 NE