2003-25222 ResoRESOLUTION NO. 2003-25222
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
CREATION OF A SPECIAL TAXING DISTRICT BY MIAMI- DADE COUNTY
FOR NORMANDIE SUD, MIAMI BEACH, FLORIDA, FOR THE PURPOSE OF
PROVIDING TWENTY FOUR HOUR STATIONARY SECURITY GUARD
SERVICE, SUBJECT TO COMPLIANCE WITH APPLICABLE CITY OF
MIAMI BEACH AND MIAMI-DADE COUNTY REQUIREMENTS ;
APPROVING CONSTRUCTION OF ONE GUARD HOUSE FACILITY,
EMERGENCY AND BARRIER GATES AND NECESSARY STREET
IMPROVEMENTS AND MODIFICATIONS; AUTHORIZING AND
APPROPRIATING AN AMOUNT NOT TO EXCEED ONE HUNDRED
SEVENTY SIX THOUSAND DOLLARS ($176,000) FOR SAID TAXING
DISTRICT IMPROVEMENTS; REQUIRING REIMBURSEMENT FOR ALL
EXPENDITURES; PROVIDING FOR GUARD HOUSE LOCATION AND
DESIGN REVIEW BY CITY; REQUIRING AN INTERLOCAL AGREEMENT;
RESCINDING RESOLUTION NO. 2003-25198 AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, some of the citizens of the City of Miami Beach residing in Normandy Beach
have petitioned Miami-Dade County trader Chapter XVIII of the Miami-Dade County Code, to
create a Special Taxing District to provide Stationary Security Guard Service for the Normandie
Sud Neighborhood; and
WHEREAS, the Normandie Sud Homeowners Association has requested the approval of
the Miami Beach City Commission for Miami-Dade County to hold a referendum vote of the
residents of the Nmmandie Sud Neighborhood, at no expense to the City of Miami Beach, to
determine whether a Special Taxing District should be created in Normandie Sud district; and
WHEREAS, the City Commission, after consideration of this matter at a courtesy public
hearing on April 30, 2003, deemed it advisable and in the best interest of the general welfare of the
City of Miami Beach to adopt Resolution No. 2003-25198 requiring a two thirds majority vote in
the final election vote ratifying the district; and
WHEREAS, the Miami-Dade County Attorney's Office has advised the City that such
stipulation of approval by two-thirds(2/3) of the voters, as contemplated by City of Miami Beach
Resolution No. 2003-25198, is not acceptable by the County under Section 18-3(0 of the County
Code; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it
advisable and in the best interest of the general welfare of the City of Miami Beach, in general, and
the residents of the Normandie Sud neighborhood in particular, to allow Miami-Dade County to
proceed, as hereinafter set forth.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. That the recitals and findings contained in the Preamble to this Resolution are hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. That the creation of a Special Taxing District ("District") by Miami-Dade County for the
Normandie Sud Neighborhood, on the Isle of Normandy, Miami Beach, in accordance with Chapter
XVIII of the Miami-Dade Home Rule Charter and Sections 18-2 and 18-3 of the Miami-Dade
County Code, for the purpose of providing twenty-four hour Stationary Security Guard Service
("Service"), is hereby approved, subject to the requirements set forth herein.
Section 3. That the formal creation of said District and the levying of annual special assessments to
support the Service shall require the execution of an interlocal agreement between the City of
Miami Beach and Miami-Dade County, wherein the City will finnish and install all capital
improvements necessary to complete the construction of a Security Guard House Facility("Facility")
for the subject district, including the necessary road improvements, water, sewer, electrical and
telephone connections, concrete pads, sidewalk, curbing and required drainage improvements, two
road closures (one to include an tmmanned emergency vehicle access gate), vehicle traffic access
control system (barrier gates) and signing and striping as required by the Director of the Miami-
Dade County Public Works Department to ensure the safe operation of said Facility in the public
right-of-way.
Section 4. That upon the de jure creation of the subject Special Taxing District, the City Manager is
hereby authorized to expend an amount not to exceed One Hundred Seventy Six Thousand Dollars
($176,000) to furnish and install the aforementioned Capital Improvements.
Section 5. That the aforementioned inter-local agreement will provide that the County shall
reimburse the City for all costs of labor, materials and supplies necessary to provide the capital
improvements described herein.
Section 6. That title to the Facility shall remain with the City, or its assignees, and said Facility shall
be leased in perpetuity to Miami-Dade County for Ten Dollars ($10.00) per annum until such time
as the district is legally abolished. Insurance for such Facility shall be provided for as per the terms
of the interlocal agreement.
Section 7. That the Facility herein approved to be constructed shall be located within the public
right-of-way located on Trouville Esplanade, and the unmanned emergency gate shall be located at
Rue Notre Dame and traffic barricade shall be located at Rue Bordeaux.
Section 8. That Miami-Dade County shall be responsible for operating Traffic Control Devices to
enable guards to record the date and time of entry, vehicle make, model, color and license tag
number, it being understood and agreed that no visitor to the District will be denied access or entry
to the District under any condition.
Section 9. That the Traffic Control Devices shall be operated and maintained in accordance with the
provisions specified in an Interlocal Agreement between the City and Miami-Dade County.
Section 10. That the County shall be responsible for contracting a unifo,ned commercial Security
Guard Service, duly licensed and bonded and State of Florida approved, for the purpose of
providing service at the approximate location specified herein, twenty-four (24) hours a day, seven
(7) days a week, three hundred sixty- five (365) days a year, or in the altemative the same services
may be provided using uniformed off-duty police officers.
Section 11. That the approvals herein presented shall be further conditioned upon the affirmative
vote of the majority of the qualified electors residing in the Normandie Sud Neighborhood voting at
an election to be conducted according to Miami- Dade County Code and further subject to the
approval of the Miami-Dade County Commission.
Section 12. That Resolution No. 2003-25198 is hereby rescinded.
Section 13. That this Resolution shall become effective upon the date of its adoption herein.
PASSED and ADOPTED this 21st day of Inay ,2003
ATTEST:
CITY CLERK
OR
F:\WORKXSALL\COMMISSION AGENDA ITEMS'uMeeting May 21, 2003~qormandieSecurityGuardDistrict~lormandie Sud Reso Rescind.doc
APPROVED ~ TO
FORM & LANGUAGE
& FOR EXECUTION
CITY OF' MIAMI' BEACH
COMMISSION ITEM SUMMARY
Condensed Title:=
IA Resolution rescinding Resolution No. 2003-25198 which stipulated a 2/3 approval of the voters in the
final ratification for creating the Normandie Sud special guardhouse taxing district and approving/
authorizing Miami-Dade County to proceed and create the special taxing guardhouse district.
Issue:
Shall the City rescind the Resolution adopted on April 30, 2003, stipulating a 2/3 majority approval in the
election ratifying the creation of the special taxing district and approving/authorizing Miami-Dade Countyto
proceed with creation of the Normandie Sud Special Taxing District for providing 24 hour security guard
service ?
Item Summary/Recommendation:
This item was discussed on the April 30, 2003 Commission agenda and Resolution No. 2003-25198 was
adopted with a modification requiring that a 2/3 approval vote shall be required in the final election ratifying
the creation of this district. Miami-Dade County Public Works Department,Special Taxing District Division,
has responded that the County will not proceed with this request because the County Attorney's Office has
advised that such stipulation of approval by 2/3 of the voters (super majority) conflicts with the County
ordinance.
The Administration has prepared two courses of action and requests that the City Commission choose
from the two options provided.
Advisory Board Recommendation:
I N/A
Financial Information:
Funds: 1 $176,000 General Fund -Undesignated Fund
Balance (011-9322-000676)
Finance Dept. TOtal
City Clerk's Office Legislative Tracking:
Sign-Offs:
I DePartment~irector Assistant C_.[t~a nag er Ci~ Manager
F:\WORKSSALL\COMMISSlON AGENDA ITEMS~J~J~etirl'~"~a~21,2003~orma ndieSecu dtyGua~lD/stri~N~handiesud'su'' "' ,ary.doc
DA E
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 · ~
www.ci.miami-beach.fl.us ~
To:
From:
Subject:
COMMISSION MEMORANDUM
Date: May 21, 2003
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez t' ~/'~
City Manager
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
CREATION OF A SPECIAL TAXING DISTRICT BY MIAMI- DADE COUNTY
FOR NORMANDIE SUD, MIAMI BEACH, FLORIDA, FOR THE PURPOSE
OF PROVIDING TVVENTY FOUR HOUR STATIONARY SECURITY GUARD
SERVICE, SUBJECT TO COMPLIANCE WITH APPLICABLE CITY OF
MIAMI BEACH AND MIAMI-DADE COUNTY REQUIREMENTS ;
APPROVING CONSTRUCTION OF ONE GUARD HOUSE FACILITY,
EMERGENCY AND BARRIER GATES AND NECESSARY STREET
IMPROVEMENTS AND MODIFICATIONS; AUTHORIZING AND
APPROPRIATING AN AMOUNT NOT TO EXCEED ONE HUNDRED
SEVENTY SlX THOUSAND DOLLARS ($176,000) FOR SAID TAXING
DISTRICT IMPROVEMENTS; REQUIRING REIMBURSEMENT FOR ALL
EXPENDITURES; PROVIDING FOR GUARD HOUSE LOCATION AND
DESIGN REVIEW BY CITY; REQUIRING AN INTERLOCAL AGREEMENT;
RESCINDING RESOLUTION NO. 2003-25198 AND PROVIDING FOR AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION:
Choose from the options provided.
BACKGROUND:
This item which was scheduled on the April 30, 2003 Commission meeting was heard and
discussed following a courtesy public hearing on the agenda. The Commission adopted
Resolution No. 2003-25198 by amending the requirement of the final vote to be held by the
Miami-Dade County, from a majority of the votes by the registered voters voting within the
district, to a two thirds majority approving the creation of such a district. This Resolution
was transmitted to the County for further action.
Miami-Dade County Public Works Department-Special Taxing District Division has
responded that the County will not proceed with this request because the County
Attorney's Office has advised that such stipulation of approval by 2/3 of the voters (super
majority) conflicts with the provisions of the County ordinance (See attached letter by
Miami-Dade County). The City Attorney's office concurs with the Miami-Dade County legal
interpretation of the County Ordinance.
ANALYSIS:
Since the County will not proceed with the City Commission's request for a two-thirds
ratification vote by the district registered voters, the following options are available for the
Commission's consideration and selection:
Option A
The City Commission rescind the Resolution adopted on April 30, 2003 stipulating a 2/3
majority approval in the election ratifying the creation of the special taxing district and
approving/authorizing Miami-Dade County to proceed with the creation of the Normandie
Sud Special Taxing District for providing 24 hour security guard service and take no
further action. Therefore not endorsing the creation of a Normandie Sud Special Taxing
District.
Option B
The City Commission rescind the Resolution adopted on April 30, 2003 stipulating a 2/3
majority approval in the election ratifying the creation of the special taxing district and
approving/authorizing Miami-Dade County to proceed with the creation of the Normandie
Sud Special Taxing District.
Additionally, the City Commission approve a Substitute Resolution approving and
authorizing the creation of the special taxing district by Miami-Dade County for Normandie
Sud, Miami Beach, Florida, with the 50% vote by the residents, for the purpose of
providing twenty-four hour stationary security guard service, subject to compliance with
applicable City of Miami Beach and Miami-Dade County requirements, and approving
construction of a guard house facility, emergency and barrier gates and necessary street
improvements and modifications. Authorizing and appropriating an amount not to exceed
one hundred seventy six thousand dollars ($176,000) for said taxing district improvements
to be reimbursed by Miami-Dade County upon completion of construction. Authorizing the
Mayor and City Clerk to enter into an Interlocal Agreement with Miami-Dade County, for
the creation and operation of this special guard house taxing district.
CONCLUSION:
Recommend the City Commission select one of the options listed above.
Attachments
JMG/RCM/FHB/RH/AVNGK
F:\WORK~$ALL\COMMISSION AGENDA ITEMSWleeting May 21, 2003\NormandieSecurityGuardDistdc~\NormandieSudTaxDistr.doc
2003 3:12PM SPECIRL TRXI~G DIV. 3ub 3'/~-~d~ ~-I
MIAMI-BADE COUNTY, FLORIDA
Fax Note 7671 ~ f_
P~ne ~
STEPHEN P. CLARK CENTER
PUBLIC WORKS DEPARTMENT
SUITE 1610
111 N.W. lat~i~EET
MIAMI, FLORIDA 33126-1970
(305) ~75-29~0
May 14, 2003
Mr. Fred Beclcmann, Directm'
City of Miami Beach Public Works Department
1700 Convention Center Drive
Miami Beach, Florida 33139
Re: Normandy Security Ou~.rd Special Taxing District
Dc r Mr. Beclcw:ann:
Our County Attorney' s Office has advis~xt us that the City's stipulation in their Resolution requiring
approval by 2/3 of thc voters (supex majority) is not l~ally acceptable. Therefore, the Ordinance
to create the Nom~andy Security Guard Special Taxing District has been withdra~vn from the May
20, 2003 agenda of the Board of County Commissioners. This district's creation Ordinance will be
placed on an upcoming Board of County Commissions' agenda on receipt of an acceptable
Resolution bom the City.
- Should you have any questions, please contact Mr. Charles Small Jr., Acting Chief of thc Special
Taxing Districts Division, at (305) 375-2703.
cc: James Kracht
Assistant County Attorney
Equal ORoo~ur~/Ha~dtcap Employer~ervlces
' I I
CITY OF MIAMI' BEACH
COMMISSION ITEM SUMMARY
Condensed Title:=
A Resolution rescinding Resolution No. 2003-25198 which stipulated a 2/3 approval of the voters in the
final ratification for creating the Normandie Sud special guardhouse taxing district and approving/
authorizing Miami-Dade County to proceed and create the special taxing guardhouse district.
Issue:
Shall the City rescind the Resolution adopted on April 30, 2003, stipulating a 2/3 majority approval in the
election ratifying the creation of the special taxing district and approving/authorizing Miami-Dade County to
proceed with creation of the Normandie Sud Special Taxing District for providing 24 hour security guard
service ?
Item Summary/Recommendation:
This item was discussed on the April 30, 2003 Commission agenda and Resolution No. 2003-25198 was
adopted with a modification requiring that a 2/3 approval vote shall be required in the final election ratifying
the creation of this district. Miami-Dade County Public Works Department,Special Taxing District Division,
has responded that the County will not proceed with this request because the County Attorney's Office has
advised that such stipulation of approval by 2/3 of the voters (super majority) conflicts with the County
ordinance.
The Administration has prepared two courses of action and requests that the City Commission choose
from the two options provided.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of Amount Account ApProved
Funds: I $176,000 General Fund -Undesignated Fund
Balance (011-9322-000676)
Finance Dept. Total
City Clerk's Office Legislative Tracking:
Sign-Offs:
I Departmen~irector Assistant C.~t~. anager I City Manager
A E.DA,TEM
DATE
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and Date: May 21, 2003
Members of the City Commission
Jorge U. Gonzalez i ~
City Manager
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF 'rilE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
CREATION OF A SPECIAL TAXING DISTRICT BY MIAMI- DADE COUNTY
FOR NORMANDIE SUD, MIAMI BEACH, FLORIDA, FOR THE PURPOSE
OF PROVIDING TWENTY FOUR HOUR STATIONARY SECURITY GUARD
SERVICE, SUBJECT TO COMPLIANCE WITH APPLICABLE CITY OF
MIAMI BEACH AND MIAMI-DADE COUNTY REQUIREMENTS ;
APPROVING CONSTRUCTION OF ONE GUARD HOUSE FACILITY,
EMERGENCY AND BARRIER GATES AND NECESSARY STREET
IMPROVEMENTS AND MODIFICATIONS; AUTHORIZING AND
APPROPRIATING AN AMOUNT NOT TO EXCEED ONE HUNDRED
SEVENTY SlX THOUSAND DOLLARS ($176,000) FOR SAID TAXING
DISTRICT IMPROVEMENTS; REQUIRING REIMBURSEMENT FOR ALL
EXPENDITURES; PROVIDING FOR GUARD HOUSE LOCATION AND
DESIGN REVIEW BY CITY; REQUIRING AN INTERLOCAL AGREEMENT;
RESCINDING RESOLUTION NO, 2003-25198 AND PROVIDING FOR AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION:
Choose from the options provided.
BACKGROUND:
This item which was scheduled on the April 30, 2003 Commission meeting was heard and
discussed following a courtesy public hearing on the agenda. The Commission adopted
Resolution No. 2003-25198 by amending the requirement of the final vote to be held by the
Miami-Dade County, from a majority of the votes by the registered voters voting within the
district, to a two thirds majority approving the creation of such a district. This Resolution
was transmitted to the County for further action.
Miami-Dade County Public Works Department-Special Taxing District Division has
responded that the County will not proceed with this request because the County
Attorney's Office has advised that such stipulation of approval by 2/3 of the voters (super
majority) conflicts with the provisions of the County ordinance (See attached letter by
Miami-Dade County). The City Attorney's office concurs with the Miami-Dade County legal
interpretation of the County Ordinance.
ANALYSIS:
Since the County will not proceed with the City Commission's request for a two-thirds
ratification vote by the district registered voters, the following options are available for the
Commission's consideration and selection:
Option A
The City Commission rescind the Resolution adopted on April 30, 2003 stipulating a 2/3
majority approval in the election ratifying the creation of the special taxing district and
approving/authorizing Miami-Dade County to proceed with the creation of the Normandie
Sud Special Taxing District for providing 24 hour security guard service and take no
further action. Therefore not endorsing the creation of a Normandie Sud Special Taxing
District.
Option B
The City Commission rescind the Resolution adopted on April 30, 2003 stipulating a 2/3
majority approval in the election ratifying the creation of the special taxing district and
approving/authorizing Miami-Dade County to proceed with the creation of the Normandie
Sud Special Taxing District.
Additionally, the City Commission approve a Substitute Resolution approving and
authorizing the creation of the special taxing district by Miami-Dade County for Normandie
Sud, Miami Beach, Florida, with the 50% vote by the residents, for the purpose of
providing twenty-four hour stationary security guard service, subject to compliance with
applicable City of Miami Beach and Miami-Dade County requirements, and approving
construction of a guard house facility, emergency and barrier gates and necessary street
improvements and modifications. Authorizing and appropriating an amount not to exceed
one hundred seventy six thousand dollars ($176,000) for said taxing district improvements
to be reimbursed by Miami-Dade County upon completion of construction. Authorizing the
Mayor and City Clerk to enter into an Interlocal Agreement with Miami-Dade County, for
the creation and operation of this special guard house taxing district.
CONCLUSION:
Recommend the City Commission select one of the options listed above.
Attachments
JMG/RCM/FH B/RH/AV/VGK
F:\WORK~ALL\COMMISSION AGENDA ITEMS\Meeting May 21, 2003\NormandieSecurityGuardDistrict~NormandieSudTaxDistr.doc
Ma~ 1~ 2003 3: 12PM SPECIRL TRXIMG DIV.
MIAMI-BADE COUNTY, FLORIDA
STEPHEN P. CLARK CENTER
PUBLIC WORKS DEPARTMENT
SUITE 1610
111 N.W. 1st STREET
MIAMI, FLORIDA 33128-1970
(305) 375-2960
May 14, 2003
Mr. Fred Beckmann, DLrector
City of Miami Beach Public Works Departmem
! 700 Convention Center Drive
Miami Beach, Florida 33i39
Re: Normandy Security G-ard Special TaXing District
Dear Mr. Reckmgnrt:
Our County Attomcy's Or, ce has advis~l ~s that the City's stipulation in their Rezolution requiring
approval by 2/3 of the voters (super majority) is not legally acceptable, Therefore, the Ordinance
to create the Normandy Security Guard Special Tax/ng District has been withdra~vn from the May
20, 2003 agenda of the Board of County Commissioners. This district's creation Ordinance w/Il be
placed on an upcoming Board of County Commissions' agenda on receipt of an acceptable
Resolution from the City.
Should you have any questions, please contact Mr. Charles Small ~Ir., Acting Chief of the Special
Taxing Districts Division, at (305) 375-2703.
cc: James Kracht
Assistant County Attorney
' I i