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Resolution 2024-33290 - -- RESOLUTION NO. 2024-33290 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING THE TENTATIVE AD VALOREM MILLAGE RATE OF 0.7789 MILLS FOR FISCAL YEAR 2025 FOR THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT,WHICH IS FIVE AND FOUR TENTHS PERCENT (5.4%) MORE THAN THE "ROLLED- BACK" RATE OF 0.7387 MILLS, SUBJECT TO A SECOND PUBLIC HEARING SCHEDULED ON WEDNESDAY, SEPTEMBER 25, 2024, 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 set the operating millage rate and adopt an annual budget for dependent taxing districts; and WHEREAS,the maximum millage that can be approved for the District by a majority(4/7th) vote is 0.7807 mills, anything beyond this rate, up to 0.8588 mills, requires a two-thirds (5/7th) vote, and a unanimous approval is required to approve a millage rate above 0.8588 mills for Fiscal Year(FY) 2025; and WHEREAS, on July 24, 2024, the Mayor and City Commission, acting in its capacity as the Board of Directors of the District, adopted Resolution No. 2024-33221,which set the proposed FY 2025 operating millage rate for the District at 0.7789 mills for the purpose of providing security services within the District; and WHEREAS, on September 16, 2024, pursuant to Section 200.065, Florida Statutes, the Mayor and 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 for the District for FY 2025. 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 16, 2024, the Mayor and City Commission hereby adopts the Tentative Operating Millage rate of 0.7789 mills for the District for FY 2025, which is five and four tenths percent (5.4%) more than the "Rolled-back" rate of 0.7387 mills, subject to a second public hearing scheduled on Wednesday, September 25, 2024, at 5:02 p.m., in the City Commission Chambers at'1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139. PASSED AND ADOPTED this /' day of gyienibeit , 2024. ATTEST: • Chairperson of the DistrictAPPROVED AS TO Secretary to the District FORM &LANGUAGE ""'' &FOR EXECUTION iNcoRPtOZIO e) Z2)?oz_A- % (' City Attorney Date Resolutions - R7 C INA I AM I BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Eric Carpenter, City Manager DATE: September 16, 2024 5:02 p.m. First Reading Public Hearing 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 0.7789 MILLS FOR FISCAL YEAR 2025 FOR THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT, WHICH IS FIVE AND FOUR TENTHS PERCENT (5.4%) MORE THAN THE "ROLLED-BACK" RATE OF 0.7387 MILLS, SUBJECT TO A SECOND PUBLIC HEARING SCHEDULED ON WEDNESDAY, SEPTEMBER 25, 2024, AT 5:02 P.M. RECOMMENDATION See attached Memorandum. BACKGROUND/HISTORY ANALYSIS FISCAL IMPACT STATEMENT See attached Memorandum. Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meetinq-notices/ FINANCIAL INFORMATION CONCLUSION Applicable Area Citywide Pane A4 of 7n4 Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond pursuant to City Code Section 2-17? Project? Yes No Was this Agenda Item initially requested by a lobbyist which,as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Department Management and Budget Sponsor(s) Co-sponsor(s) Condensed Title 5:02 p.m. 1st Rdg PH, Adopt Tentative Ad Valorem Millage-Normandy Shores Loc Gov. OMB Pans AS of 7f14 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Honorable Mayor Steven Meiner and Members of the City Commission FROM: Eric Carpenter, City Manager DATE: September 16, 2024 SUBJECT: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT ADOPTING THE TENTATIVE AD VALOREM MILLAGE RATE OF 0.7789 MILLS FOR FISCAL YEAR 2025 FOR THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT, WHICH IS FIVE AND FOUR TENTHS PERCENT (5.4%) MORE THAN THE "ROLLED-BACK" RATE OF 0.7387 MILLS, SUBJECT TO A SECOND PUBLIC HEARING SCHEDULED ON WEDNESDAY, SEPTEMBER 25, 2024, AT 5:02 P.M. STRATEGIC PLAN SUPPORTED Organizational Innovation — Ensure strong fiscal stewardship ADMINISTRATION RECOMMENDATION The Administration recommends that the Mayor and City Commission, acting in its capacity as the Board of Directors of the Normandy Shores Local Government Neighborhood Improvement District ("District"), adopt the attached Resolution authorizing the City Manager to transmit the following information to the Miami-Dade County Property Appraiser: 1) Tentatively Adopted Millage Rate for the Normandy Shores Neighborhood Improvement District for Fiscal Year (FY) 2025: General Operating 0.7789 mills (0.0679 mills less than previous year) 2) The second public hearing to consider the Normandy Shores Neighborhood Improvement District operating millage rate and budget for FY 2025 shall be held on Wednesday, September 25, 2024, at 5:02 p.m., in the City Commission Chambers at 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139. BACKGROUND The Normandy Shores Local Government Neighborhood Improvement District, which is a dependent taxing district of its principal taxing authority, the City of Miami Beach, was established in 1994 to provide continuous twenty-four (24) hour security to this gated community. FY 2025 represents its thirty-first (31st) year of operation. Pane AR of 7f14 FY 2025 Normandy Shores Tentative Millage Rate September 16, 2024 Page 2 of 5 The Normandy Shores Local Government Neighborhood Improvement District was officially established by Ordinance No. 93-2881 with the authority "to levy an ad-valorem tax on real and personal property of up to two (2) mills, provided that no parcel of property will be assessed more than $500 annually for such improvements." On September 23, 1998, Resolution No. 98-22902 adopted the Normandy Shores Local Government Neighborhood Improvement District's FY 1999 budget. The accompanying memorandum noted that a determination was reached that the City would fund 35% of the annual cost of the community guard gate. It also stated that this cost would eventually be funded by the Normandy Shores Golf Course,the City Attorney's Office would review the issue of the dependent status of the Normandy Shores Local Government Neighborhood Improvement District, and the City would continue supplementing the budget at current levels until both issues were resolved. On September 25, 2002, Ordinance No. 2002-3380 adopted the removal of the $500 annual cap per parcel. The accompanying memorandum noted that the City's 35% contribution would be maintained. In 2015, as part of a "clean up" Ordinance to repeal three other safe neighborhood districts that were no longer active, the Mayor and City Commission adopted Ordinance No. 2015-3928. With respect to the Normandy Shores Local Government Neighborhood Improvement District, because the prior versions of the Ordinance had not been codified, the 2015 Ordinance sought to codify the legislation that had been previously adopted. However, in so doing, the legislation codified the original 1993 Ordinance that included an ad valorem cap of$500 per property instead of the updated 2002 Ordinance that had removed the cap of$500 per property. In order to correct the inadvertent error in the 2015 Ordinance and eliminate the$500 per property cap, as intended since 2002, the Mayor and City Commission adopted Ordinance No. 2020-4386 on December 9, 2020. On July 28, 2021, the City Commission, based on the recommendation of the Finance and Economic Resiliency Committee at its July 31, 2021 meeting, adopted Resolution No. 2021- 31819 eliminating the City's 35% subsidy, while continuing to fund 50% of the total cost of the security rover for the District and Normandy Shores Golf Course. Since then, the annual budget for the Normandy Shores Local Government Neighborhood Improvement District has been fully funded through a dedicated ad valorem tax levied on property within the Normandy Shores Local Government Neighborhood Improvement District to provide continuous 24-hour security to this gated community with the City continuing to fund 50% of the total cost of the security rover shared between the Normandy Shores Local Government Neighborhood Improvement District and the Normandy Shores Golf Course. PROCEDURE The operating millage and budget for this dependent 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 its principal taxing authority, i.e., the City of Miami Beach. It also requires that a tentative millage rate be adopted first. This is accomplished by adopting a Resolution which states the percent increase or decrease over the "Rolled-back" rate, and the Pane Q7 of 7n4 FY 2025 Normandy Shores Tentative Millage Rate September 16, 2024 Page 3 of 5 date, time, and place of the second public hearing scheduled to adopt the final millage rate. Following this, another Resolution which tentatively adopts the Normandy Shores District operating budget must be approved (see accompanying Normandy Shores Local Government Neighborhood Improvement District Budget agenda item for details). Florida Statutes requires that 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. NORMANDY SHORES PROPERTY VALUES On July 1, 2024,the City received the 2024 Certified Taxable Values from the Miami-Dade County Property Appraiser for the Normandy Shores Local Government Neighborhood Improvement District indicating that the overall taxable property values increased approximately $55.8 million, or 14.2%, from the 2023 Certified Taxable Values of$392.8 million to the 2024 Certified Taxable Values of$448.6 million,which is comprised of a $50.7 million, or 12.9%, increase in the District's existing values and a $5.1 million increase in new construction values. July 2023 July 2024 $ Certified Certified Change Change Property Values: Existing Values $392,785,688 $443,527,813 $50,742,125 12.9% New Construction - 5,135,349 5,135,349 100.0% Total Normandy Shores $392,785,688 $448,663,162 $55,877,474 14.2% PROPOSED MILLAGE & BUDGET Based on the 2024 Certified Taxable Values for the Normandy Shores Local Government Neighborhood Improvement District, the ad valorem millage rate proposed for FY 2025 for the District, which was approved by the Normandy Shores Homeowners' Association and is recommended by the Administration for FY 2025, is 0.7789 mills. The millage rate proposed for FY 2025 is 0.0679 mills, or 8.0%, less than the millage rate adopted for FY 2024 of 0.8468 mills. The levy proposed would generate property tax revenues of$349,464, which will be budgeted at approximately 95.0%, or$331,991 (rounded to$332,000),to account for early payment discounts, delinquencies, etc. and will fund, in combination with other miscellaneous revenues projected totaling $4,000, the FY 2025 budget proposed for the District. FY 2024 FY 2025 Inc/(Dec) Adopted Proposed Normandy Shores Millage 0.8468 0.7789 (0.0679), Property Tax Revenues $316,000 $332,000 $16,000 The Normandy Shores Local Government Neighborhood Improvement District budget proposed for FY 2025, as summarized below, is $336,000, which reflects an increase of$20,000, or 6.3%, from the adopted FY 2024 budget of $316,000 and includes $5,000 for one-time guardhouse technology upgrades that were requested by the District in FY 2025. Pane AR of 2114. FY 2025 Normandy Shores Tentative Wage Rate September 16, 2024 Page 4 of 5 Expenditures in FY 2025 Budget $ Contracted Security Guard Services for Guardhouse and 50%of Rover $237,100 Security Gate and Guardhouse Maintenance/Repairs 40,100 Set-aside for Renewal and Replacement of Capital Assets , 20,000 City of Miami Beach Internal Service Charges and Fees 17,000 Guardhouse.Utilities(Electricity,.Teleplione,etc.) . 7,300 Set-aside for Reserves for Future Projects 5,000 Guardhouse Technology Upgrades(One-Time) 5,000 Guardhouse Janitorial Services 4,000 Other Miscellaneous Operating Expenditures - 500 Total $336,000 TRUTH-IN-MILLAGE PROCESS Florida Statute 200.065, entitled "Method of Fixing Millage," establishes specific guidelines that must be used by all local government entities, including dependent taxing districts like the Normandy Shores Local Government Neighborhood Improvement District, in setting its millage (property tax) rates. Like its principal taxing authority, the City of Miami Beach, the Normandy Shores Local Government Neighborhood Improvement District is also required to advise the Miami-Dade County Property Appraiser within 35 days from receipt of the"Certification of Taxable Value" (received July 1, 2024)of the proposed operating millage rate, the calculated "rolled-back" rate and the date, time, and place of the first public hearing to consider the proposed operating millage rate and budget for FY 2025. Maximum Millage Determination After setting the proposed operating millage rate the Mayor and City Commission, acting in its capacity as the Board of Directors of the Normandy Shores Local Government Neighborhood Improvement District, may, at any time prior to final adoption, lower the millage rate proposed. However, any increase above the millage rate proposed for FY 2025 of 0.7789 mills, if adopted, would require an expensive mailing and advertising process to each property owner in the District. Therefore, this proposed millage rate is viewed as the ceiling. Adoption of the millaqe rate proposed for FY 2025 of 0.7789 mills for the Normandy Shores Local Government Neighborhood Improvement District, therefore, requires a maioritv approval (4 of 7 votes) by the Mayor and City Commission per the State of Florida's Truth-in-Millaqe (TRIM) requirements. It must be noted that, in accordance with Florida Statutes, there is an operating cap of 10 mills which cannot be exceeded without voter approval. Combining both millage rates from the dependent taxing district (0.7789 mills) and its principal taxing authority (5.8522 mills) totals 6.6311 mills, which is 3.3689 mills less than the statutory cap of 10 mills. Pane 9P of 7f14 FY 2025 Normandy Shores Tentative Mi//age Rate September 16, 2024 Page 5 of 5 Second Public Hearing The second public hearing to adopt the final FY 2025 operating millage rate and budget for the Normandy Shores Local Government Neighborhood Improvement District must be held no later than 100 days, or earlier than 97 days, from the start of the TRIM calendar (July 1st). In addition, it must be advertised no later than 15 days after the first public hearing and must be held two (2) to five (5) days after the advertisement appears in the newspaper. For this reason,the second public hearing is recommended to be held on Wednesday, September 25, 2024, at 5:02 p.m., in the City Commission Chambers at 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139. CONCLUSION The Mayor and City Commission, acting in its capacity as the Board of Directors of the Normandy Shores Local Government Neighborhood Improvement District, should adopt the Resolution which establishes the tentative millage rate of 0.7789 mills for FY 2025 for the Normandy Shores Local Government Neighborhood Improvement District, subject to a second and final public hearing scheduled on Wednesday, September 25, 2024, at 5:02 p.m., in the City Commission Chambers at 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139. EC/JDG/TOS/RA Pans inn of 7n4