R5C-Amend Divisions 1-4 Safe Neighborhood Improvement Districts -Malakoff-COMMISSION ITEM SUMMARY
Condensed Title:
AnordinanceamendingDivisions1-4ofArticlelll,,.SafeNeighborhoodlmprovement
entitled "Community Development" to repeal the following three districts: Miami Beach Safe Neighborhood
lmprovement Districts No. 1, District No. 2, and District No. 3; and codifying Ordinance 93-2881 creating District No.4
known as the Normandy Shores Neiqhborhood lmorovement District.
Board Recommendation:
Streamline The Delivery Of Services Through All Departments
Supporting Data (Surveys, Environmentalscan, etc.): N/A
ltem Sqmmary/Recommendation :
ln 1988, the State of Florida, in an effort to promote public safety, created a grant program open to any
municipality that had created a Safe Neighborhood lmprovement District that would fund the creation of a Safe
Neighborhood lmprovement Plan. These special districts are designed to reduce crime through the
implementation of crime prevention through environmental design, environmental security, or defensible space
techniques, or through community policing innovations. The districts have the power to levy a special
assessment or millage against property within the district's defined boundaries in orderto fund implementation
of projects and programs contained in an adopted Safe Neighborhood lmprovement Plan. The City took
advantage of this program and created three of these districts each with the powerto levy an ad valorem tax of
up to 2 mills.
Through the years, these districts have remained inactive and information cannot be found as to when the
districts ceased activity or were ever active to begin with. Now today, we have in the Code, three districts that
would be difficult to reactivate and which still require the City to undertake reporting requirements to the State
of Florida's Office of Special District Accountability which also comes with a $175 per district fee (which the
City has gotten waived the last few years).
The City does have one active district of this type, the Normandy Shores Neighborhood lmprovement District.
Created in 1993, this district is responsible for the maintenance of gates and guards in the Normandy Shores
Neighborhood and the collection of a millage levied against the homes in the district to pay for these activities.
This district would not be affected by the proposed ordinance however, in doing the research for the repeal of
Districts Nos. 1 ,2, and 3, it was found that Ordinance 93-2881, which created the Normandy Shores District,
was never codified. ln an effort to insure transparency to the public, the proposed ordinance rectifies this
situation.
Financia! !nformation:
Source of Funds:
N/A
Amount Account
1
Total
Financial lmpact Summary:
Repeal of the districts will eliminate the need to pay annual reporting fee of $175 per district to the
District Accountability Office.
State of Florida's Special
Office of the
AGENDA rreru flSCMIAMIBEACHDArE 3-ll- lf397
g MIAMIBEACH
City of Miomi Beoch, 'l 700 Convention Cenier Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members City Co mission
FRoM: Jimmy L. Morales, City Manager
DATE: March 11,2015
SUBIECT:AN ORDINANCE OF THE COMMISSION OF THE GITY OF
MIAMI BEAGH, FLORIDA, AME$IDING DtVtStONS I - 4, OF ARTTCLE llt..SAFE NEIGHBORHOOD IMPROVEMENT DISTRICTS." CONTAINED IiNT DISTRICTS," CONTAINED IN
Y DEVELOPMENT" TO REPEALCHAPTER 34, ENTITLED "COMMUNIry DEVELOPMENT" TO REPEAL
THE FOLLOWING THREE DISTRICTS: THE MIAMI BEACH SAFE
NEIGHBORHOOD IMPROVEMENT DISTRICT NO, 1, WITHIN AN AREA
CONTAINING APPROXIMATELY 820 ACRES AND COMPRISED OF THE
SOUTH POINTE REDEVELOPMENT AREA AND BY THE NATIONALLY
RECOGNIZED ARCHITECTURAL DISTRICT INCLUDING LINCOLN
ROAD; DISTRICT NO. 2 FOR THE NORTH SHORE COMMERCIAL
DISTRICT, CONSISTING OF 28O ACRES; AND DISTRICT NO. 3,
CONSISTING OF 620 ACRES IN AN AREA COMPRISED OF THE NORTH
sHoRE RESTDENTTAL D|STR|CT; AND COD|FYING ORDTNANCE 93-
2881, CREATING DISTRIGT NO 4, CONSISTING OF 234 ACRES OF
RESIDENTIAL PROPERTY KNOWN AS THE NoRMANDY SHoRES
NEIGHBORHOOD IMPROVEMENT DISTRICT (DISTRICT a);- PROVIDING
FOR A REPEALER; PROVIDING FOR SEVERABILIW; AND PROVIDING
FOR AN EFFECTIVE DATE.
ADMI NISTRATION RECOMM EN DATION
The Administration recommends adoption of the ordinance.
BACKGROUND
ln 1998, the State of Florida, in an effort to promote public safety, created a grant program open
to any municipality that had created a Safe Neighborhood lmprovement District that would fund
the creation of a Safe Neighborhood lmprovement Plan. These districts, are special districts
created by local government where there is a plan to reduce crime through the implementation
of crime prevention through environmental design, environmental security, or defensible space
techniques, or through community policing innovations. The districts have the power to levy a
special assessment or millage against property within the district's defined boundaries in order
to fund implementation of projects and programs contained in an adopted Safe Neighborhood
lmprovement Plan.
The end result of this offering by the State was that the City of Miami Beach created three
separate and distinct Safe Neighborhood lmprovement Districts and was able to obtain funding
to write at least two of the three plans for these districts (research of City records was
inconclusive as to funding for the third district) . These districts are described as:
1) Miami Beach Local Government Neiqhborhood lmprovement District No.1 - This district is
within an area containing approximately 820 acres comprised of the South Pointe
Redevelopment Area and the nationally recognized architectural district including Lincoln
398
City Commission Memorandum
Amending Safe Neighborhood lmprovement Districts
March 11,2015 Page 2
Road (see attached map);
2) Miami Beach Local Government Neiohborhood lmprovement District No.2 - This district is
within an area containing approximately 280 acres comprised of the North Shore
Commercial District (see attached map);
3) Miami Beach Local Government Neiohborhood lmprovement District No.3 - This district is
within and area containing approximately 620 acres comprised of the North Shore
Residential District (see attached map).
Creation of these districts was codified and each district was authorized to levy against real
property either an ad valorem tax up to 2 mills, the maximum allowed by state statute, or a
special assessment to pay for improvements.
Additionally, in 1993 the City created a fourth district:
4) Normandv Shores Local Government Neiqhborhood lmprovement District - This district is
within an area of approximately 234 acres consisting of single-family residences located
within the northern portion of the lsle of Normandy beginning at the intersection of North
Shore and Fairway Drives to include all parcels west with lndian Creek as the northern
boundary following the shoreline to the Normandy Watenray and including all parcels north
of the Normandy Waterway in an easterly direction to the intersection of Ray Street and
South Shore Drive (see attached map)
This fourth district was not codified and it was authorized to levy an ad valorem tax on real and
personal property up to 2 mills but not to exceed a cost of $500 per parcel of property.
ISSUES
While District Nos. 1, 2 and 3 were created, given taxing authority and codified, it is unclear as
to what efforts were actually undertaken by these districts or if any tax or special assessment
was ever levied against the properties in the districts. Clearly over time, the implementation of
these districts was pushed aside and forgotten.
The abandonment of these districts is exemplified in the creation of the fourth district, the
Normandy Shores Local Government Neighborhood lmprovement District. This district is
actually in conflict with District No. 3 as its approximately 234 acres are wholly contained within
the 620 acres of District No. 3. Additionally, the Normandy Shores District (the fourth district)
has been active since its creation and is currently the entity responsible for the gates and
guards at Normandy Shores and collectlon of taxes to fund these activities. Two districts with
the same purpose could not operate on the same parcels. This issue was not readily noticeable
because, while Districts No. 1,2 and 3 were codified, the fourth district, Normandy Shores, was
not codified.
District Nos. 1 , 2 and 3, while inactive, still exist. ln addition to the potential conflict between
District No. 3 and the Normandy Shores District, there are also reporting requirements for the
districts that still need to be met including reporting to the Florida Special District Accountability
Office. This report to the State also comes with an annual fee of $175 for each district, though
the City has gotten waivers for these fees in recent years. To avoid these issues and to insure
that future research clearly shows the existence of the Normandy Shores District, staff has
prepared the proposed ordinance which outlines changes to Code that will essentially dissolve
District Nos. 1 , 2 and 3 and will codify the Normandy Shores Local Government Neighborhood
lmprovement District.
399
City Commrssion Memorandum
Amending Safe Neighborhood lmprovement Districts
March 11, 2015 Page 3
CONCLUSION
The Administration recommends the Mayor and City Commission approve the ordinance
amending Chapter 34, entitled Community Development at Article lll Safe Neighborhood
lmprovement Districts at Divisions 1 through 4.
400
City Commission Memorandum
Amending Safe Neighborhood lmprovement Districts
March 11, 2015 Page 4
ATTACHMENT A
MIAMI BEACH SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT NO. 1t\
^J
401
City Commrssrbn Memorandum
Amending Safe Neighborhood lmprovement Districts
March 11, 2015 pase S
ATTACHMENT B
MIAM! BEACH SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT NO. 2
W:
I - DrsrRrcr 2
402
City Commission Memorandum
Amending Safe Neighborhood lmprovement Districts
March 11, 2015 Page 6
ATTACHMENT G
MIAMI BEACH SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT NO. 3
i::tii:i:ii:;#i:: DISTRICT #3
!:::f.::::::::ii:::ii::
403
City Commrssion Memorandum
Amending Safe Neighborhood lmprovement Districts
March 11, 2015 Page 7
ATTACHMENT D
NORMANDY SHORES LOCAL GOVERNMENT
NEIGHBORHOOD IMPROVEMENT DISTRICT
404
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING DIVISIONS { .4, OF ARTICLEIII, "SAFE NEIGHBORHOOD IMPROVEMENT DISTRICTS,"
CONTAINED !N CHAPTER 34, ENTITLED "COMMUNITY
DEVELOPMENT" TO REPEAL THE FOLLOWING TWO DISTRICTS:THE MIAMI BEACH SAFE NEIGHBORHOOD IMPROVEMENTDISTRICT NO. 1, WITHIN AN AREA CONTAINING
APPROXIMATELY 820 ACRES AND COMPRISED OF THE SOUTH
POINTE REDEVELOPMENT AREA AND BY THE NATIONALLY
RECOGNIZED ARCHITECTURAL DISTRICT INCLUDING LlNCOLN
ROAD; DISTRICT NO. 2 FOR THE NORTH SHORE COMMERCIAL
DISTRICT, CONSISTING OF 280 ACRES; AND DISTRICT NO. 3,
CONSISTING OF 620 ACRES IN AN AREA COMPRISED OF THE
NORTH SHORE RESIDENTIAL DISTRICT; AND CODIFYING
ORDINANCe 93-2881, CREATING DISTRICT NO 4, CONSISTING OF 234
ACRES OF RESIDENTIAL PROPERTY KNOWN AS THE NoRMANDY
SHORES NETGHBORHOOD TMPROVEMENT DISTR|CT (D!STR!CT 4);
PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Florida Statutes Section 163.506 provides that the
governing body of a municipality may adopt an ordinance authorizing the formation of
Safe Neighborhood lmprovement Districts in accordance with the provisions of the
"Safe Neighborhoods Act"; and
WHEREAS, the City Commission of the City of Miami Beach, Florida has
adopted Ordinance No. 88-2605 authorizing the creation of Safe Neighborhood
lmprovement Districts within the C i t y of Miami Beach; and
WHEREAS, on April 6, 1988, the City enacted Ordinance 88-2606, authorizing the
creation of the Miami Beach Safe Neighborhood lmprovement District No. 1, within an
area containing approximately 820 acres and comprised of the South Pointe
Redevelopment Area and the then "Nationally Recognized Architectural District"
including Lincoln Road [description prior to historic designation]; and
WHEREAS, on April 20, 1988, the City enacted Ordinance 88-2607, authorizing the
creation of the Miami Beach Safe Neighborhood lmprovement District No.2, for the North
Shore Commercial District, consisting of 280 acres; and
WHEREAS, on Septembe r 22, 1988, the City enacted Ordinance 88-2628,
authorizing the creation of District No. 3, Consisting Of 620 Acres known as the North
Shore Residential District; and
WHEREAS, on October 30, 1993, the City enacted Ordinance 93-2881, creating
the Normandy Shores Neighborhood lmprovement District, to now be known as District
4, but which District was never codified in the City's Code; and
Page 1 of7
405
WHEREAS, the City would like to repeal Districts 1-3, as they are no longer
serving a purpose; and to Codifying the functioning District 4, in the City's Code of
Ordinances.
WHEREAS, the City continues to pay the State of Florida an administrative fee for
the continued use of these districts, however, these districts have been defunct for several
years, and the City is now seeking to dissolve these Safe Neighborhood Districts, 1, 2, and
3; and to codifying the functioning Safe Neighborhood District 4.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA
Section 1. Chapter 34, entitled Community Development, at Article lll Safe
Neighborhood lmprovement Districts,: at Divisions 1 through 4 are hereby amended as
follows:
CHAPTER 34
COMMUNITY DEVELOPMENT
ARTICLE III _ SAFE NEIGHBORHOOD IMPROVEMENT DISTRICTS
DIVISION 1. . GENERALLY
Sec. 34-121. - Established.
Safe neighborhood improvement districts shall be established within the City as
provided for in F S S 163.506, relating to local government improvement districts.
Secs. 34-122-34-145. - Reserved.
DIVISION 2. . RESERVED. DISTRICT 1
Sec 34-146 throush 34-150 Reserved.
See, 34 1'16, Greatien,
F,S, S 163,506; te inelude appreximately 820 aeres in an area eemprised ef the Seuth
Peinte Redevelepment Area and by the natienally reeegnized arehiteetural distrieti@
ming-
The leeal gevernment neighberheed imprevement distriet ereated by this divisien shall
Page 2 of 7
406
See, 3'l 148, Finanees,
(a) The leeal gevernmentneighberheed distriet ereated by this divisien is autherized te
fer a planning grant and up te an additienal $30,000,00 te empler the serviees ef
@
(b) The distriet may utilize a maximum ef twe mills ad valerem taxes er speeial
See, 34 149, Beard ef direeters,
(a) The City Cemmissien is designated as the beard ef direeters ef the distriet ereated
Uy+nis+ivgien-
(b) The beard ef direeters shall engage in seme er all ef the aetivities speeified in F,S, S
163,513, The beard ef direeters is empewered te undertake any and all aetivities
(a) An advisery beard is established fer the leeal gevernment neighberheed
i
er residents ef the distriet e+ merehants/business persens with their primar}r plaees ef
the beard ef direeters,
direeters and shall submit within the time peried speeified by the beard ef direeters a
distriet's ebjeetives, ln fermulating a plan fer serviees er imprevements, the advisery
DIVISION 3. RESERVED. DISTRIGT 2
Sec. 34-171 throuqh 34-175 Reserved.
See, 34 171, ereatien,
163,506; te inelude appreximately 280 aeres in an area eemprised ef the Nerth Shere
Cemmereial Distriet,
Page 3 of 7
407
Wing-
The leeal gevernment neighberheed imprevement distriet ereated by this divisien shall
See, 34 17& Finanees,
(a) The leeal gevernment neighberheed distriet ereated by this divisien is autherized te
fer a planning grant and up t+ an additienal $30,000,00 te empley the serviees ef
@
(b) The distriet may utilize a maximum ef twe mill+ ad valerem taxes er speeial
(a) The City Cemmissien is designated as the beard ef direeters ef the distriet ereated
Uy+nis+iveien-
(b) The beard ef direeters shall engage in seme er all ef the aetivities speeified in F,S, S
163,513, The beard ef direeters is empewered te undertake any and all aetivities
(a) An advisery beard is hereby established fer the leeal gevernment neighberheed
imprevement distriet ereated by this divisien, The advisery beard shall be eempesed ef
er residents ef the distriet er merehants/business persens with their primary plaees ef
T lth Streets; 71st Street frem Cellins Avenue te lndian Creek (bridge), and 71st
StreeUNermandy Drive frem lndian Greek (bridge) te Rue Netre Dame, These members
will serve at the pleasure ef the beard ef direeters,
(b) The advisery beard shall perferm sueh duties as may be preseribed by the beard ef
direeters and shall submit within the time peried speeified by the heard ef direeters a
distriet's ebjeetives, ln fermulating a plan fer serviees er imprevements, the advisery
DIVISION 4. RESERVED DISTRICT 3
ffi
Page 4of7
408
aflt te F,S, S
163,506; te inelude appreximately 620 aeres in an area eemprised ef the Nerth Shere
Residential Distriet,
ming-
The leeal gevernment neighberheed imprevement distriet ereated by this divisien shall
SEc=34-198=-+inanc€s-
(a) The leeal gevernment neighberheed distriet ereated by this divisien is autherized te
@
(b) The distriet may levy a maximum ef twe mills ad valerem taxes en real er persenal
prepe*y-
(eI The distriet is autherized te use speeial assessments pursuant te F,S, Ch, 170 te
(a) The City Cemmissien is designated as the beard ef direeters ef the distriet ereated
Uy+nis+iveien-
(b) The beard ef direeters shall engage in seme er all ef the aetMties speeified in F,S, S
163,513, The beard ef direeters is empewered te undertake any and all aetivities
(a) An advisery beard is established fer the leeal gevernment neighberheed
imprevement distriet ereated by this Divisien, The advisery beard shall be eempesed ef
ne fewer than nine members whe shall be ewners ef real preperty leeated in the distriet,
er residents ef the distriet er merehants/business persens with their primary plaees ef
et tne aavisery UmrA snatl Ue
(b) The advisery beard shall perfenn sueh duties as ma,' be preseribed by the beard ef
direeters and shall submit within the time peried speeified by the beard ef direeters a
he
distriet's ebjeetives, ln fermulating a plan fer serviees er imprevements, the advisery
Gity respensible fer preparatien ef the distriet's plan,
DIVISION 5. DISTRICT 4.
Sec.34-201. Greation.
Page 5of7
409
(a) A
Norma hores
n
Sec. 34-202 Board of Directors.
The Miami Beach Citv Commission is hereby desionated as the Board of Directorsmisiiiffi.
Sec. 34-203 Finances.
(a) District 4 is hereby authorized to levv an ad valorem tax on real and personal
propertv of up to two mills annually, but not to exceed $500 per parcel of propertv
p_eryear, to support planninq and implementation of District 4 improvements.
(b) District 4 is hereby authorized to use special assessments. pursuant to
Section 163.514, Florida Statutes, not to exceed $500.00 per parcel of propertv per
year, tosupportplanninq and implementation of District 4 improvements.
Sec. 34-204 Advisorv Council.
or
residents of District 4, as appointed bv the Mavor and City Commission, is herebv
established.
Sec. 34-205 Powers of District.
ordinance. orohibit the use of
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
direction to the in
Page 6 of 7
410
and it is hereby ordained that the provisions of this ordinance shall become and be
made part of the Code of the City of Miami Beach, Florida. The sections of this
ordinance may be renumbered or relettered to accomplish such intention, and the word
"ordinance" may be changed to "section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or part of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 4. SEVERABIL!ry.
lf any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this _ day of
ATTEST:
2015.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
First Reading:
Second Reading:
Underscore denotes new language
S+i*etnreugh denotes deleted language
(Sponsored by Commissioner Malakoff)
F:\ATTO\BOUE\Ordinances\Repeal of Safe Neighborhood District 1 and 2.docx
Page 7 of7
APPROVED AS TC
FOriI. i 8:,,ii.iGLl/\GE
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