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Home My WebLink About2006-26201 Reso RESOLUTION NO. 2006-26201 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A REQUEST FROM THE BISCAYNE POINT SECURITY GUARD SPECIAL TAXING DISTRICT TO PROCEED WITH MIAMI-DADE COUNTY, IN AMENDING AMENDMENT TO COUNTY ORDINANCE NO. 90-52, WHICH CREATED THE "BISCAYNE POINT SECURITY GUARD SPECIAL TAXING DISTRICT"; SAID AMENDMENT TO INCLUDE THE INSTALLATION OF CAMERAS AND A RECORDING DEVICE IN THE EXISTING GUARDHOUSE, AND TO INCLUDE THE ASSOCIATED COSTS IN THE SPECIAL TAXING DISTRICT ASSESSMENTS; PROVIDED FURTHER THAT THE CITY'S APPROVAL IS SUBJECT TO AND CONTINGENT UPON SAID DISTRICT'S COMPLIANCE WITH ALL MIAMI-DADE COUNTY'S REQUIREMENTS RELATIVE TO THE CREATION AND AMENDMENT OF SPECIAL TAXING DISTRICTS. WHEREAS, on February 21, 1990, the Miami Beach City Commission adopted Resolution No. 90-19919, conceptually approving the creation through Miami-Dade County, of the Biscayne Point Special Taxing District, to provide 24 hour guard service to that Island; and WHEREAS, on June 5, 1990, the Board of Miami-Dade County Commissioners, passed and adopted County Ordinance No. 90-52, creating and establishing the "Biscayne Point Security Guard Special Taxing District", pursuant to Chapter 18 of the Miami-Dade County Code for Special Taxing Districts; and WHEREAS, resident owners within the Biscayne Point Security Guard Special Taxing District, have petitioned the County, and obtained the required number of signatures, to request that the County amend County Ordinance No. 90-52, by including the installation of cameras and a recording device in the existing guardhouse; and WHEREAS, in order to proceed with this request, pursuant to Chapter 18 of the County Code, the County requires the City's approval of the request to amend said Special Taxing District. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve the request by the "Biscayne Point Security Guard Special Taxing District" to proceed with Miami-Dade County, in amending amendment to County Ordinance No. 90-52, which created the "Biscayne Point Security Guard Special Taxing District"; said amendment to include the installation of cameras and a recording device in the existing guardhouse, and to include the associated costs in the Special Taxing District assessments; provided further that the City's approval is subject to and contingent upon said District's compliance with all Miami-Dade County's requirements relative to the creation and amendment of Special Taxing Districts. PASSED and ADOPTED this 10th ATTEST: fdlwJ' P dJv~ CLERK Robert Parcher J(){)itJ- 2l:J JvO , ,2006 MAYOR David Dermer T:IAGENDA\2006\may1006IconsentlAmendment to Biscayne Point Special Taxing DistrictReso.doc COMMISSION ITEM SUMMARY Condensed Title: A Resolution approving a request by Biscayne Point Security Guard Special Taxing District, to amend Miami-Dade County Ordinance No. 90-52, to include installation of cameras and a recording device at the quardhouse. Ke Intended Outcome Su orted: Maintain Crime Rates at or Below National Trends Issue: Shall the Mayor and City commission approve the request by Biscayne Point Security Guard Special Taxin District to amend the Miami-Dade Count Ordinance 90-52 ? Item Summary/Recommendation: In February 21, 1990, Miami Beach City Commission adopted Resolution No. 90-19919 approving the creation of the Biscayne Point Special Taxing District, to provide 24 hour guard service at Biscayne Point Island. Following approval by the Miami Beach City Commission, the Miami-Dade County Board of County Commissioners passed and adopted Miami-Dade County Ordinance No. 90-52, creating and establishing the "Biscayne Point Security Guard Special Taxing District". In 2005, resident owners within the Biscayne Point Security Guard Special Taxing District, approved by 55.4%, a petition to Miami-Dade County Board of County Commissioners requesting to amend Miami-Dade County Ordinance No. 90-52, to include the installation of cameras and a recording device at the existing guardhouse. To amend the Ordinance,approval from the Miami Beach City Commission is required. The Administration recommends adoptinq the Resolution. Advisory Board Recommendation: I N/A Financial Information: Source of Amount Account Approved Funds: 1 D 2 3 4 CSPI Total Financial Impact Summary: Cit Clerk's Office Le islative Trackin Robert Halfhill, Public Works 6833 Si n-Offs: Department Dire r Assistant City Manager City Manager T:\AGENDA\2006\may1006\consent\Amendment to Biscayne Point Special Taxing DistrictSumm m ..... MIAMIBEACH AGENDA ITEM DATE R1F ~ ~ to-Ora ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor David Dermer and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager ~ IV'- ~ DATE: May 10, 2006 0 () SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A REQUEST FROM BISCAYNE POINT SECURITY GUARD SPECIAL TAXING DISTRICT, TO PROCEED WITH MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS, IN REQUESTING AN AMENDMENT TO MIAMI-DADE COUNTY ORDINANCE NO. 90-52, CREATING THE "BISCAYNE POINT SECURITY GUARD SPECIAL TAXING DISTRICT"; SAID AMENDMENT TO INCLUDE THE INSTALLATION OF CAMERAS AND A RECORDING DEVICE IN THE EXISTING GUARDHOUSE, AND TO INCLUDE THE ASSOCIATED COSTS IN THE SPECIAL TAXING DISTRICT ASSESSMENTS; PROVIDED FURTHER THAT THE CITY'S APPROVAL IS SUBJECT TO AND CONTINGENT UPON SAID DISTRICT'S COMPLIANCE WITH ALL MIAMI- DADE COUNTY'S REQUIREMENTS RELATIVE TO THE CREATION AND AMENDMENT OF SPECIAL TAXING DISTRICTS. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BACKGROUND On February 21, 1990, the Miami Beach City Commission adopted Resolution No. 90- 19919 approving the creation of the Biscayne Point Special Taxing District to provide 24 hour security guard service to that island. On June 5, 1990, the Miami-Dade County Board of County Commissioners, passed and adopted Ordinance No. 90-52, creating and establishing the "Biscayne Point Security Guard Special Taxing District" according to Chapter 18 of the Miami-Dade County Code for Special Taxing Districts. In 2005, resident owners within the Biscayne Point Security Guard Special Taxing District approved, by 55.4%, a petition to Miami-Dade County requesting that Miami- Dade County Ordinance No. 90-52 be amended to include the installation of cameras and a recording device in the existing guardhouse. The petition exceeds the 50% requirement of Sec. 18-3 of the Miami-Dade County Code. In accordance with Chapter 18 of the Miami-Dade County Code, to amend the ordinance establishing the special taxing district, approval is required by the governing body of the municipality in which the District lies. ANAL YSIS Biscayne Point Security Guard Special Taxing District is comprised of the properties within Biscayne Point Island as seen in Attachment A. There are a total of 329 parcels within the district, with 267 of them qualifying as owner/residents. (Attachment B) Of the 267 owner/residents, 148 (or 55.4%), had approved the petition requesting to amend Miami-Dade County Ordinance No. 90-52, to include the installation of cameras and a recording device at the guardhouse. The close margin of approval may lead to a minority voice publicly opposing the issue. The routine process to create or amend a Special Taxing District within a municipality in Miami-Dade County is as follows: 1. The Petition Process: a. Incorporated homeowners' association requests a petition package from the Miami-Dade Special Taxing District, describing improvements or amendments specifically, with the desired levels of service and district boundaries. b. Miami-Dade Public Works-Special Taxing Districts Division prepares the requirements depending on the type of improvements requested. These may include traffic studies, reviews and approval by the local Police and Fire Departments. c. A petition is circulated and must be submitted within 4 months, with all property owners signing for or against the proposed district. d. The petition is validated by Miami-Dade Taxing District when 50% or more approve the petition, at which time the municipality's governing body must authorize the County by an Ordinance or Resolution to proceed with the amendment or the creation of the district. 2. Cost and Feasibility Study: a. Miami-Dade County Special Taxing Districts Division or the Public Works Department in the Municipality prepares a report detailing improvements, cost estimates, assessment methods and district boundaries. b. All these facts are presented to the district residents in a forum. 3. District creation: a. Board of County Commissioners conducts Public Hearing, where all property owners within the District are notified. b. If the Board of County Commissioners decides that the proposal should go forward, an ordinance creating or amending the district is authorized. 4. District Ratification: a. Election is conducted by mailed ballot of all registered voters who are eligible to vote and reside within the district boundaries, b. Majority vote is needed to ratify the district creation or amendment. 5. Cost assessment /collection of Special Assessments: a. Special Taxing Districts Division calculates each district property owner's special assessment based on specific assessment methods and input from property owners during the public hearing. b. Special assessments are billed in advance for the each fiscal year. 6. Service Commencement: a. Miami-Dade County requires an Interlocal Agreement with the municipality to build the improvements, in which case the County requires a submission of plans, permits, cost estimates, bids, construction schedules and inspections. The County reimburses the municipality for the cost of improvements upon completion of the district improvements. Following approval by the City Commission to proceed with this request, the Miami-Dade Board of County Commissioners shall schedule a public hearing, at which time they may elect to amend the Ordinance. The final approval shall be ratified by a mail ballot election of all the property owners as described in step 4 above. The additional annual assessment for each property is estimated to be $90. The initial cost of the equipment and installation will be funded by the Miami-Dade County or the Biscayne Point Security Guard Special Taxing District. JMG/RM/FHB/RH/F A V T:\AGENDA\2006\may1006\consent\Amendment to Biscayne Point Special Taxing DistrictMemo.doc z en C)~ <C f- -I <I: - Co) tIJ :) CJ )- I- - cc ::J o w en z o i= ~ ...l l.U ~ o :t c a:. :3 CJ . . e( . . I- Z w 2 :c u e( l- I- e( C\J 'Ill" t &l f t? :Z o 1= <.) w (fJ Memorandum __ Date: December 28,2005 To: Kay M. SuUivan, Director . Office of the Clerk of the Board AUn: Keith Knowles _ ,"I .7~'''' .) p"" // '?' ;- _ ---_-,,b-"~;...,. -"..,' ""../"/','" .p~#"~~ :e.: t .c'. -'/ 'OOnald L.. rock, Jr. /1 Acting Chief Special Taxing Districts Division From: Subject: Amendment' to Biscayne ,Point Security Guard Speq,al Taxing Distric;t Ift~ference to thesubjectpetition, we hereby certify that, in compliance with Chapter 18 of the MIami-Dade County Code, this Department has verified the names in the, attached petition against the records of the Property Appraisal Department. and is submitting the foUowing information: 1. Total number of parcels of land within district boundaries Total. number of resident owners of property within district boundaries 329 2. 267 3. Total number of ~jdent pwners signing theatt~ched petition Pel'eentage of re~ident owners signing the attached petition Net. propertyvalqatiQn 148 55.4% ~116.790.926 UtilizingHomesteadexemPtic>nas the basis for the reside!1towl1errequirement,. we certify that tt)isi.PEmtion doesC()Otain'more than .the,50%affirmatiye signaturf,ts of the resident property owoell$Within ihe.prc>posed district boundaries required.by Section 18..3 of the Code; therefore, ttte,.subject petition is valid. Attachment Attachment liB" ""- t....~''''' ,\... I:i;~, .1 'H.. C>:".,..'"T:-'......l ,~.......l:..r:..,n...""ft -rn Ut<;:""14'."'F;:rr OFFICERS: STEVEN MAGIU::N, M.D. President TEO RE3RMAN Vice-President M:CHAEL ROl'BART I'reasuTtr LUCE RO LEVY V Ice-Treasurer MI\URICE SORIANO Recording SCCTCIfl.l'y .IACOl:! LeVY, M.D. Corresponding S~crctar>, DJRECTORS: ESTELL!=: ~H.EJTt:R MICIIAEL BRENNAN DIMAS DOMINGUEZ. JR. CHRISTINE MAGILEN SILVIO RODRIGUEZ SCOTT STONE RACHEL UMLAS ,'- - BISCA YNE POINT HOMEOWNERS ASSOCIATION. INC. Mailing Address: 1101 South Blscayne Point Road Miami Beach, Florida 33141 Visit our website: htlp:llblscBvnepolnter.homestead.com/index.html Charles W. Small, Jr. Acting Chief Public Works Department Special Taxing Districts Division Stephen P. Clark Center 111 NW 1st Street Suite 1510 Miami, FL 33128-1970 January 14. 2005 RE: Security Camera at Biscayne Point Guard House Dear Mr. Small, <:J. tn ~.' . --I ..,6,1 ' I. .,' " ' .. ~': . , ,'... ~ , .;' .. .J COO r._ ~C:',: ,,~ '. ' ;:'; :-:5 ~:; ..-;., ~.......~ 1"-> This is to request a petition packet for placing a security camera at the guard house at the entrance to Biscayne Point. . Please send a petition packet to the above address. Sincerely, Steven M President The mission of the Blscayne Point Homeowners Association, Inc., (BPHA), Is to enhance the safety, welfare and quality of life; to promote communication and social civic activities for the residents and homeowners of Blscayne Point; and to ensure that their needs and desires are represented within the community and government. cd Wd80:[0 900c T0 'new 'ON XO..=l WOCi..=l