Resolution 2018-30575 RESOLUTION NO. 2018-30575
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, IN ACCORDANCE WITH SECTION
18-3.1 OF THE MIAMI-DADE COUNTY CODE, REQUESTING THE
MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS TO
TRANSFER CONTROL OF THE ALLISON ISLAND SECURITY GUARD
SPECIAL TAXING DISTRICT FROM THE COUNTY TO THE CITY, AND
TO DESIGNATE THE MAYOR AND CITY COMMISSION AS THE
GOVERNING BODY OF THE SPECIAL TAXING DISTRICT, SUBJECT
TO A MAJORITY VOTE OF THE QUALIFIED ELECTORS RESIDING IN
THE SPECIAL TAXING DISTRICT.
WHEREAS, in 1989, the City of Miami Beach's ("City") Mayor and City Commission
and the Miami-Dade County ("County") Board of County Commissioners ("Board") approved
the creation of the Allison Island Security Guard Special Taxing District ("Special Taxing
District") in City Resolution No. 89-19604 and County Ordinance No. 89-125 to provide 24-
hour security guard service to Allison Island; and
WHEREAS, on February 2, 2016, the County Board adopted Ordinance No. 16-14,
creating a new Section 18-3.1 in the Miami-Dade County Code, providing that, subject to
Charter referendum approval at the November 8, 2016 election, a municipality could be
authorized to act as the governing body of a special taxing district located entirely within its
municipal boundaries, and that control of an existing special taxing district in a municipality
could be transferred from the County Board to the governing body of such municipality; and
WHEREAS, on November 8, 2016, the electorate approved a County Charter
Amendment validating and giving effect to County Ordinance No. 16-14; and
WHEREAS, the Allison Island Security Guard Special Taxing District is located entirely
within the boundaries of the City; and
WHEREAS, Section 18-3.1 of the County Code provides, in part, that by joint
resolutions of the County Board and the governing body of a municipality, the governing body
of a municipality may be designated as the governing body of an existing special taxing
district located entirely within the boundaries of such municipality, subject to a majority vote of
the qualified electors residing in the special taxing district at an election called by and
conducted as provided by the County Board; and
WHEREAS, the transfer of control of the Allison Island Security Guard Special Taxing
District from the County Board to the City has been requested and is supported by the Allison
Island Homeowner's Association; and
WHEREAS, accordingly, the Mayor and City Commission hereby request the transfer
of control of the Allison Island Security Guard Special Taxing District from the County Board
to the Mayor and City Commission of the City of Miami Beach, and the designation of the
Mayor and City Commission as the governing body of the Special Taxing District, subject to a
majority vote of the qualified electors residing in the Special Taxing District.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, the Mayor and City
Commission, in accordance with Section 18-3.1 of the Miami-Dade County Code, hereby
request the Miami-Dade County Board of County Commissioners to transfer control of the
Allison Island Security Guard Special Taxing District from the County to the City, and to
designate the Mayor and City Commission as the governing body of the Special Taxing
District, subject to a majority vote of the qualified electors residing in the Special Taxing
District; and, further authorize the City Manager to do all things necessary to carry out the
intent of this Resolution and direct the City Clerk to transmit a copy of this Resolution to
Mayor Carlos A. Gimenez and members of the Miami-Dade County Board of County
Commissioners.
PASSED AND ADOPTED this 17th day of October, 2018.
ATTEST: Dan Gelber, Mayor
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Rafabl E. Granado, City lerk APPROVED AS TO
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MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 17, 2018
SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, IN ACCORDANCE WITH SECTION 18-3.1 OF THE
MIAMI-DADE COUNTY CODE, REQUESTING THE MIAMI-DADE COUNTY
BOARD OF COUNTY COMMISSIONERS TO TRANSFER CONTROL OF THE
ALLISON ISLAND SECURITY GUARD SPECIAL TAXING DISTRICT FROM THE
COUNTY TO THE CITY, AND TO DESIGNATE THE MAYOR AND CITY
COMMISSION AS THE GOVERNING BODY OF THE SPECIAL TAXING DISTRICT,
SUBJECT TO A MAJORITY VOTE OF THE QUALIFIED ELECTORS RESIDING IN
THE SPECIAL TAXING DISTRICT.
Legislative Tracking
Finance
ATTACHMENTS:
Description
❑ Memorandum-Allison Island
❑ HOA request- Transfer of Allison Island to Miami Beach
❑ Allison Island Resolution
Page 1338 of 1637
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeochll.gov
COMMISSION MEMORANDUM
TO Mayor Dan Gelber and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 17, 2018
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, IN ACCORDANCE WITH SECTION 18-3.1 OF THE
MIAMI-DADE COUNTY CODE, REQUESTING THE MIAMI-DADE COUNTY BOARD
OF COUNTY COMMISSIONERS TO TRANSFER CONTROL OF THE ALLISON
ISLAND SECURITY GUARD SPECIAL TAXING DISTRICT FROM THE COUNTY TO
THE CITY, AND TO DESIGNATE THE MAYOR AND CITY COMMISSION AS THE
GOVERNING BODY OF THE SPECIAL TAXING DISTRICT, SUBJECT TO A
MAJORITY VOTE OF THE QUALIFIED ELECTORS RESIDING IN THE SPECIAL
TAXING DISTRICT.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
Effective October 1, 2018, the administration of the Biscayne Point Security Guard Special
Taxing District was transitioned from Miami-Dade County to the City of Miami Beach. There are
four remaining Security Guard Special Taxing Districts that are currently administered by Miami-
Dade County including Allison Island, Biscayne Beach, Star Island, and Palm & Hibiscus Island.
Following the successful transition of the Biscayne Point District, the City Commission directed
the Administration to contact the remaining four districts to determine if they would be interested
in beginning the process to transition from the County to the City in a holistic manner.
ANALYSIS
Pursuant to the request of Commissioner Steinberg, the above-referenced Resolution
requesting the transfer of control of the Allison Island Security Guard Special Taxing District
("Special Taxing District") from the Miami-Dade County Board of County Commissioners to the
Mayor and City Commission of the City of Miami Beach is submitted for consideration by the
Mayor and City Commission. The transfer of control of the Special Taxing District is supported
by the Allison Island Homeowners Association and would be subject to County approval and a
majority vote of qualified electors residing in the Special Taxing District.
In 1989, the City of Miami Beach's ("City") Mayor and City Commission and the Miami-Dade
County ("County") Board of County Commissioners ("Board") approved the creation of the
Allison Island Security Guard Special Taxing District ("Special Taxing District") in City
Resolution No. 89-19604 and County Ordinance No. 89-125 to provide 24-hour security guard
service to Allison Island.
Pursuant to a County Charter Amendment approved by the electorate on November 8, 2016,
County Ordinance No. 16-14 was given effect which created a new Section 18-3.1 in the Miami-
Page 1339 of 1637
Transfer of Allison Island Security Guard Special Taxing District
October 17, 2018
Page 2
Dade County Code. This new County Code Section provides, in part, that by joint resolutions of
the County Board and the governing body of a municipality, the governing body of a municipality
may be designated as the governing body of an existing special taxing district located entirely
within the boundaries of such municipality, subject to a majority vote of the qualified electors
residing in the special taxing district at an election called by and conducted as provided by the
County Board. In addition, the County has advised that interlocal agreements with the County
Board and with the County Tax Collector and Property Appraiser would be needed to effectuate
a transfer of control.
FINANCIAL INFORMATION
The County collects an administrative fee to offset costs related to administering service
contracts and providing fiscal support for the District. It is anticipated that the administrative fee
would cover the City's costs to provide administrative support. Administrative support would be
similar to that currently provided by the City to the Biscayne Point Security Guard Special
Taxing District.
JLM/JW
Page 1340 of 1637
Woodruff, John
Subject: Allison Island guard gate
From: Jon Beloff[mailto:jdb@belofflaw.com]
Sent:Tuesday, October 02, 2018 2:59 PM
To: Woodruff,John; 'tmgeng64@aol.com'
Cc: 'isaac.matt@miami-taxes.com'; 'mmeland@melandrussin,com; 'EMendelson@heico.com'; 'kobikarp@kobikarp.com'
Subject: RE: Allison Island guard gate
Hi John. As I indicated in prior emails to the City Commission and City Attorneys offices, this will confirm that the Allison
Island Homeowner's Association recommends and supports the transfer of our Special Taxing District from the County to
the City of Miami Beach. I am not sure whether it is meaningful and may shortcut the process, but our Island already
has a Special Assessment District with the City that was created when we performed the undergrounding of our utility
lines over 10 years ago. In any event,we would like to proceed expeditiously with the process. Thank you
Jonathan D. Beloff, Esq.
BELOFF LAW, P.A.
1691 Michigan Avenue
Suite 250
Miami Beach, Florida 33139
Ph. 305-673-1101
Fax 305-673-5505
Cell 305-799-1102
Email:jdb@belofflaw.com
Pursuant to federal regulations imposed on practitioners who render tax advice("circular 230"),we are required to advise you that any tax advice contained herein
is not intended or written to be used for the purpose of avoiding tax penalties that may be imposed by the Internal Revenue Service.If this advice is or is intended
to be used or referred to in promoting,marketing or recommending a partnership or other entity,investment plan or arrangement,the regulations under Circular
230 require that we advise you as follows:(1)this writing is not intended or written to be used,and it cannot be used,for the purpose of avoiding tax penalties that
may be imposed on a taxpayer:(2)the advice was written to support the promotion or marketing of the transaction(s)or matter(s)addressed by the written advice;
and(3)the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.
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