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2011-27748 Reso RESOLUTION NO. 2011 -27748 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING THE FINAL 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. 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, 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 and adopted a millage rate of 1.0935; and WHEREAS, accordingly on September 27, 2011, 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 2011/12) 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 27, 2011, the Board hereby adopts the Final 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. 1 � l3 ,cc PASSED and AD • P\,.. • hrisr�29;�'t: ay of September, 2011. INCORP ORATED` * 0 s ATTEST: 0441 26 P - ! • AS TO FORM & LANGUAGE 7 LAA- PaA_ 1 FOR EXECUTION C�� Secretary to the District q(ZO (tt I A G2N6 4 p it►T 6 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 1.0935 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. 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 final Ad Valorem Millage Rate? 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 first public hearing on the tentative District millage rate and budget for FY 2011/12 was held on September 14, 2011. The millage rates presented herein are those which were tentatively adopted at the end of the first public hearing held on that day. 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 S 2 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Sign -Offs: Department Dir ctor Assistant City Manager City Manager cam AGENDA ITEM R I MIAMI BEACH DATA F-.2. 7-11 al 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: September 27, 2011 • SUBJECT: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING THE FINAL 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. 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 2011/12: General Operating 1.0935 mills (1.0375 mills last year) 2) The final adopted millage rate of 1.0935 mills is 9.9% more than the "Rolled- Back" Rate of 0.9946 mills. The first public hearing on the tentative District millage rate and budget for FY 2011/12 was held on September 14, 2011. 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 to this gated community; FY 2011/12 represents its eighteenth 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% 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 2011/12 Normandy Shores Millage Rate September 27, 2011 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 over the roll -back rate, 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 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 Millage Rate September 27, 2011 Page 3 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 therefore requires a two- thirds approval (5 of 7 votes) of the City 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 adopts the final millage. JMG:KGB:JC 1 NE THURSDAY, SEPTEMBER 15, 2011 I 13NE MI AMIBEACH CITY OF MIAMI BEACH NOTICE OF A SPECIAL CITY COMMISSION MEETING AND PUBLIC - HEARINGS NOTICE IS HEREBY given that a Special Commission Meeting regarding the 2nd Proposed Budget Public Hearings for FY 2011/2012 will be held by the City Commission of the City of Miami Beach, Florida, on TUESDAY, September 27, 2011, commencing at 5:00 P.M., in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, - Florida. 5:01 p.m. The second public hearing adopting the proposed millage rate and budget for FY 2011/2012 for the City of Miami Beach. y5:02 p.m. The second public hearing adopting the proposed millage rate and budget for FY 2011/2012 for the Normandy Shores Local Government Neighborhood Improvement District. In addition, the City Commission will be discussing other City related business at this meeting. Inquiries concerning this meeting should be directed to the Office of Budget and Performance Improvement at (305) 673 -7510. 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 any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record- of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challengesQr appeals 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, please contact (305) 604 -2489 (voice), ( 7218(TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). Ad #664