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2007-26605 ResoRESOLUTION NO. 2007-26605 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT SETTING 1) THE PROPOSED GENERAL OPERATING MILEAGE RATE FOR THE NORMANDY SHORES NEIGHBORHOOD IMPROVEMENT DISTRICT; 2) THE CALCULATED ROLLED-BACK RATE; AND, 3) THE DATE, TIME AND PLACE OF THE FIRST PUBLIC HEARING TO CONSIDER THE OPERATING MILEAGE RATE AND BUDGET FOR FISCAL YEAR (FY) 2007/08; FURTHER AUTHORIZING THE CITY MANAGER TO TRANSMIT THIS INFORMATION TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER IN THE FORM REQUIRED BY SECTION 200.065, FLORIDA STATUTES. WHEREAS, Section 200.065, Florida Statutes, has specified the method by which municipalities may fix the operating millage rate and adopt an annual budget for dependent taxing districts; and WHEREAS, an increase in the millage rate above the FY 2006/07 millage rate is required to address an error by the Miami-Dade County Property Appraiser with the Certified 2006 Taxable Value; and WHEREAS, the Mayor and City Commission of the City of Miami Beach, acting as the Board of Directors of the Normandy Shores Local Government Neighborhood Improvement District propose that the District's General Operating Millage Rate be set at 1.0363 mills and that the Rolled-Back Rate be set at 0.2827 mills; and WHEREAS, the City of Miami Beach is required to advise the Miami- Dade County Property Appraiser of the Proposed Normandy Shores Neighborhood Improvement District Operating Millage Rate, the Rolled-Back Rate, and the date, time, and place of the first public hearing. NOW THEREFORE, BE IT DULY RESOLVED BY THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT, that the following recommendations of the Administration be and are hereby ratified for transmittal to the Miami-Dade County Property Appraiser, as specified in Section 200.065, Florida Statutes: Agenda Item R1 K Date ?-( -p 1) Proposed Normandy Shores Local Government Neighborhood Improvement District Operating Millage Rate for FY 2007/08 General Operating 1.0363 mills 2) "Rolled-Back Rate" 0.2827 mills 3) The first public hearing on the proposed Normandy Shores Local Government Neighborhood Improvement District operating millage rate and tentative budget for FY 2007/08 shall be held on Wednesday, September 12, 2007 at 5:02 p.m., in the City Commission Chambers, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. PASSED and ADOPTED this 11t" day of ATTEST: ~~I~e~ CITY CLERK Robert Parcher APPROVED AS TO FORM & LANGUAGE COMMISSION ITEM SUMMARY Condensed Title: Resolution Of The Board Of Directors Of The Normandy Shores Local Government Neighborhood Improvement District Setting The Proposed General Operating Millage Rate Of 1.0363 Mills For The Normandy Shores Neighborhood Improvement District; The Calculated Rolled-Back Rate Of 0.2827 Mills; And The Date, Time And Place Of The First Public Hearing To Consider The Operating Millage Rate And Budget For Fiscal Year (FY) 2007/08 Scheduled On Wednesday, September 12, 2007 At 5:02 P.M. Ke Intended outcome 5u orted: Increase resident ratings of public safety services; Maintain crime rates at or below national trends Supporting Data (Surveys,- Environmental Scan, etc.): Safety across the City (preventing crime, drugs, gangs, speeding cars)was ranked number one by residents as one of the most important areas affecting theirqualityof life and it was also mentioned as one of the changes that would make Miami Beach a better place to live, work, play, or visit. Safety during the day appeared as a key driver for resident's perceptions of Miami Beach as a place to live and overall quality of life. Also, crime prevention was ranked number four by residents as one of the most im ortant areas that the Cit can address with re ards to ublic safety. Issue: Shall the Mayor and City Commission, acting in its capacity as the Board of Directors for the Normandy Shores Local Government Neighborhood Improvement District, adopt the attached resolution which sets the Proposed General Operating Millage Rate; the Calculated Rolled-Back Rate; and sets the date, time and place for the first public hearing? item summaryiKecommendatlon: An increase in the millage rate above the FY 2006/07 millage rate is required to address an error by the Miami-Dade County Property Appraiser with the Certified 2006 Taxable Value. Last June, the City received a 2006 Certified Taxable Value for Normandy Shores in the amount of $269,642,346, an increase of 155 percent over 2005's final value of $105,441,735. As a result, the City decreased the millage rate for the Normandy Shores dependent taxing district from 0.814 to 0.338, a decrease of 58 percent. On June 29' 2007, the City received a revised 2006 taxable value from the Property Appraiser in the amount of $126,517,149. The reduction was a correction to an error made by the PropertyAppraiser last year. Had the millage been based on this correct value for FY 2006/07, it should only have been reduced from 0.814 to 0.720. Therefore, property tax collections in FY 2006/07 are projected to be $46,649 less than budgeted resulting in a shortfall which will need to be advanced from the City and repaid by the Normandy Shores taxing district in FY 2007/08. Accordingly, the Normandy Shores taxing district millage needs for FY 2007/08 needs to be set at the level needed to cover FY 2007/08 expenditures (0.7115) as well as repay the FY 2006/07 shortfall (0.3248) for a total Normandy Shores millage of 1.0363. Board Recommendation: Financial Information: Source of Amount Account Funds: ~ 2 OBPI Total Financial Impact Summary: Clerk's Office Legislative Si n-Offs: Department Director Assistant City Manager City Manager ~ _ ~?K +~ MIAMI BEACH AGENDA~ATE ~ ~~" m MIAMIBEACH 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 ~~ DATE: July 11, 2007 v SUBJECT: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE NORMANDY SHORES LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT SETTING 1) THE PROPOSED GENERAL OPERATING MILEAGE RATE FOR THE NORMANDY SHORES NEIGHBORHOOD IMPROVEMENT DISTRICT; 2) THE CALCULATED ROLLED-BACK RATE; AND, 3) THE DATE, TIME AND PLACE OF THE FIRST PUBLIC HEARING TO CONSIDER THE OPERATING MILEAGE RATE AND BUDGET FOR FISCAL YEAR (FY) 2007/08; FURTHER AUTHORIZING THE CITY MANAGER TO TRANSMIT THIS INFORMATION TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER IN THE FORM REQUIRED BY SECTION 200.065, FLORIDA STATUTES ADMINISTRATION RECOMMENDATION The Administration recommends that the Mayor and City Commission, acting in its capacity as the Board of Directors for the Normandy Shores Local Government Neighborhood Improvement District, adopt the attached resolution which authorizes the City Manager to transmit the following information to the Miami-Dade County Property Appraiser: 1) Proposed Operating Millage Rate of the Normandy Shores Neighborhood Improvement District for FY 2007/08: General Operating 1.0363 mills 2) "Rolled-Back" Rate (Truth In Millage) 0.2827 mills 3) The first public hearing to consider the proposed Normandy Shores Neighborhood Improvement District operating millage rate and tentative budget for FY 2007/08 shall be held on Wednesday, September 12, 2007 at 5:02 P.M., in the City Commission Chambers, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. FY 2007/08 Normandy Shores Proposed Millage Rate July 11, 2007 Page 2 of 5 An increase in the millage rate above the FY 2006/07 millage rate is required to address an error by the Miami-Dade County Property Appraiser with the Certified 2006 Taxable Value. See attached July 5, 2007 letter from the Miami-Dade County Property Appraiser. Last June, the City received a 2006 Certified Taxable Value for Normandy Shores in the amount of $269,642,346, an increase of 155 percent over 2005's final value of $105,441,735. As a result, the City decreased the millage rate for the Normandy Shores dependent taxing district from 0.814 to 0.338, a decrease of 58 percent. On June 29' 2007, the City received a revised 2006 taxable value from the Property Appraiser in the amount of $126,517,149. The reduction was a correction to an error made by the Property Appraiser last year. Had the millage been based on this correct value for FY 2006/07, it should only have been reduced from 0.814 to 0.720. Therefore, property tax collections in FY 2006/07 are projected to be $46,649 less than budgeted resulting in a shortfall which will need to be advanced from the City and repaid by the Normandy Shores taxing district in FY 2007/08. Accordingly, the Normandy Shores taxing district millage needs for FY 2007/08 needs to be set at the level needed to cover FY 2007/08 expenditures (0.7115) as well as repay the FY 2006/07 shortfall (0.3248) for a total Normandy Shores millage of 1.0363. Pursuant to the Roll-Back component of the legislation adopted by the Florida legislature in June, the aggregate taxes levied the City of Miami Beach and any dependent taxing district within the City of Miami Beach for FY 2007/08 are required to be to the roll back rate plus an additional 9% reduction. Because of reductions in the overall Citywide millage, the aggregate taxes levied, including Normandy Shores will be 9 percent less than the Roll-Back Rate, as required. BACKGROUND The Normandy Shores Local Govemment Neighborhood Improvement District, a dependent taxing district of its principal, the City of Miami Beach, was established in 1994 to provide continual 24-hour security to this gated community; FY 2007/08 represents its fourteenth year of operation. It was established by Ordinance 93-2881, and has the authority "to levy an ad-valorem tax on real and personal property of up to two mills, provided that no parcel of property will be assessed more than $500 annuallyforsuch improvements". During FY 1998/99 the amount of annual funding to be provided by the City and the dependent status of the District were issues discussed by the Finance and Citywide Projects Committee. A determination was reached that the City would fund 35% of the annual cost of the operation of the community gate guard. This cost will eventually be funded from the golf course operation of the Normandy Shores Golf Course. It was further agreed that the City would continue to supplement the District at current levels until both issues were resolved. On August 29, 2002, the Administration met with the Normandy Shores Local Government Neighborhood Improvement District representatives and agreed to eliminate the $500 cap on the highest valued home in the District. The enabling legislation was adopted by the Commission on September 25, 2002. This ensures that the City's contribution from the General Fund remains at 35% of the operating budget of the District. FY 2007/08 Normandy Shores Proposed Millage Rate July 11, 2007 Page 3 of 5 Statutory Requirement FS 200.065, entitled Method of Fixing Millage establishes specific guidelines that must be used by all local government entities, including dependent taxing districts like Normandy Shores insetting its millage (Property tax) rates. Not unlike its principal taxing authority (City of Miami Beach), Normandy Shores is also required to transmit within 35 days from receipt of the Certification of Taxable Value (received June 29, 2007), to the Miami-Dade County Property Appraiser, a 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 tentative budget for Fiscal Year 2007/08. Pursuant to the Roll-Back component of the legislation adopted by the Florida legislature in June any dependent taxing district within the City of Miami Beach is required to set its FY 2007/08 to the roll back rate plus an additional 9% reduction. The rollback rate is the millage rate required to produce the same level of property tax revenues in FY 2007/08 as collected in FY 2006/07, thereby forgoing any revenues associated with growth in assessed values. Under the new legislation, the City may elect to approve millage rates to generate tax levies above these levels up to the constitutional cap of 10 mills subject to an extraordinary vote by the Commission or referendum: • Millage above the 9% reduction but at or below rollback requires a supermajority of the Commission. • Millage above rollback but at or below current millage requires unanimous approval of the Commission. • Millage above current levels requires a referendum. After setting the proposed operating millage rate for Normandy Shores, the City Commission may, at any time prior to the final adoption, lower the millage rate; however any increase above the tentative millage rate of 1.0363, if adopted, would require an expensive mailing and advertising process to each property owner of Normandy Shores. Therefore, this proposed millage rate is viewed as the ceiling. ANALYSIS On June 30, 2006, the City received the 2007 Certification of Taxable Value from the Property Appraiser's Office stating that the taxable value for Normandy Shores is $269,642,346 which included $514,306 in new construction. The preliminary value represented an increase of 155 percent over 2005's final value of $105,441,735. On June 29, 2007, the City received the 2007 Certification of Taxable Value from the Property Appraiser's Office stating that the taxable value for Normandy Shores is $151,165,373 which included $61,160 in new construction. At the same time, the 2006 Final Value was revised to $126,364,329. Upon further review with the Miami-Dade County Property Appraiser's Office, it was determined that the 2006 Certified taxable value that had been received the prior year was in error. Had the millage been based on the correct preliminary value for FY 2006/07 of $126,517,149, it should only have been reduced from 0.814 to 0.720. Therefore, property tax collections in FY 2006/07 are projected to be $46,649 less than budgeted resulting in a shortfall which will need to be advanced from the City and repaid by the Normandy Shores taxing district in FY 2007/08. FY 2007/08 Normandy Shores Proposed Millage Rate July 11, 2007 Page 4 of 5 Operating Millage and Budget The tentative ad valorem millage recommended by the Administration is 1.0363 mills to provide the current level of security required by this district as well as repay the City of Miami Beach for the shortfall in FY 2006/07. This tax levy will generate proceeds of $148,819. The total operating expenditures to provide security services at the current service level to this district is $157,184, an 16% increase over the FY 2006//07 amount of $135,254, due to increased contract costs. Of this amount, the City of Miami Beach General Fund is required to provide 35% of the total operating expenditures, $55,014. The General Fund has funded 35% of the operating costs of the district for each of the thirteen years since the District was established. The amount provided by the General Fund for this purpose in FY 2006/07 was $47, 339. This leaves a balance of $102,170 to be funded by the Normandy Shore taxing district in addition to the repayment of $46,649 to the City of Miami Beach for the FY 2006/07 shortfall, for a total $148,819 to be funded by the Normandy Shores taxing district in FY 2007/08. For the Normandy Shores taxing District, the value for each mill ($1.00 of ad valorem tax for each $1,000 of property value) is determined by the 2007 Certification of Taxable Value and has been set at $151,165. Florida Statutes permit a discount of up to five percent for early payment discounts, delinquencies, etc. Therefore, the 95 percent value of the mill is $143,607. Accordingly, $1.0363 mills are required to generate $148,819 in property tax revenues by the district. It must be noted that in accordance with State Statute, there is a 10 mill operating cap which cannot be exceeded without voter approval. Combining both millages from the dependent district (1.0363) and the principal taxing authority (5.6555) totals 6.6918 mills, which is 3.3082 mills less than the 10 mill cap. First Public Hearing The first public hearing on the proposed operating millage rate and tentative budget for FY 2007/08 must be held no later than 80 days (September 18th) or earlier than 65 days (September 3rd) from the start of the TRIM calendar (July 1st). Other guidelines are: 1) The public hearing cannot be scheduled on a Sunday or on those days utilized by Miami-Dade County or the Miami-Dade County School Board for their public hearing; 2) If on a day other than Saturday, it must be held after 5:00 P.M.; and 3) must be held immediately following discussion of the tentative millage and budget of its principal taxing authority (City of Miami Beach). Based on these guidelines, the first hearing must be held between September 3rd and September 18th. These dates are unavailable for the following reasons: September 9 and 16 Sundays September 6 and 20 Proposed dates for Miami-Dade County Public Hearings September 5 Miami-Dade County School Board Public Hearing FY 2007/08 Normandy Shores Proposed Millage Rate July 11, 2007 Page 5 of 5 Of the remaining days, it is recommended that the first public hearing be set for Wednesday, September 12, 2007 at 5:02 P.M., in the City Commission Chambers, City Hall, 1700 Convention Center Drive, immediately following the City of Miami Beach's public hearing. JMG:KB:JC ~. r CQUNTI( ADA CoardinaGOn Agenda Coard,nation Animal Services Ar, in Public Ptaces Audit and Management Services Aviation 6ukiding Building Cade Compliance Busiees5 Development Capital I mprovemertts Citizens' Independent Transportation Trust Cammtssian an Ethics and Public Trust Cammun~:eations Community A:-tian Agency Community & Economic Development Community Relations Conwmer Srrvicrs Corrections 6 Rrhabiiitatwn Cuitura! Aftafrs Eiectians Emergency Management Empioyre RtlatSas Empowermen t Trust Enterprise Techru,ivgy Services Envimnmentai Rtsourtes Marwgcment Fair Empbymrnt Practices Finance Fire Rescue Genrral Services Administration Historic Preservation Homeless Trust Housing Agency Housing Rnance Authork`r Human Services Independent Review Pa nrl International Trade Cansanium (av'enite Assessment Center Medical Examinrr Metro-Miami Action Plan MetropotiWn Planning Orgarrizatian Par1c ar,d Recreanan Planning and Zoning Pot!ce Procurement Management Property Appraisal Public library System Public works Sa(e Meightwrh«x! Parks Seaport Solid Waste Management Strategic Business .Management Team Metro Transit Task force an Urban Economic RevitaiizaGon Vizcaya Museum And Gardens Water & Sever Property Appraisat Administrative Division 111 !VW 1st street • suite 710 Miami, Florida 3312&1984 T 305-375-4008 F 305-375-3024 Sent Via Fax #850-488-9482 July 5, 2007 Ms. David Beggs Revenue Program Admin. 1 Fiorida Department of Revenue 725 S. Calhoun Street Tallahassee, FL 32399 Dear Mr. Beggs: miamidade.gav Pursuant to our conversation and my email on July 2nd regarding Normandy Shore's 2006 DR-420, please note the following: Normandy Shores is a dependent district within the City of Miami Beach. Our office inadvertently reported the just value as the taxable value on their 2006 DR-420. Consequently, the taxing authority significantly reduced the 2006 millage rate from 0.814 in 2005 to 0.338 for 2006. The expected revenue, based on the incorrectly stated value and understated millage rate, was $91,139. Actual revenue collected based on the reported 2006 DR- 403BM is $42,857. The City's concern now is in proceeding to properly calculate the 2007 required revenue and rollback millage rate to adequately fund this district. As instructed by the Department of Revenue, my office has reviewed all of the pertinent figures on the 2001 and 2006 DR-403CC/BM's and noted all corrections as required. As you can see from the attached copy of Normandy Shore's 2006 DR-420 and 2006 DR-403BM, there is a significant difference between the expected revenue from the DR-420 and the actual collections found on the DR-403BM. For your consideration, I have attached a worksheet reflecting the DR-420 calculations indicating a revised calculation using the correct taxable value for Normandy Shores. This worksheet indicates a revised 2006 rollback rate of 0.681 instead of the erroneous 0.319 listed on the original 2006 DR-420. This correction also revises the 2007 DR-420 roll back rate to 0.603. In light of the Department's instructions to Property Appraisers and Taxing Authorities to verify and validate corrections, I am asking that you take URGENT NOTICE of this correction that must be made. Without a doubt, not correcting this error will perpetuate this discrepancy sad unduly penalize this jurisdiction in future years, which will hinder proper funding to Normandy Shores residents with required contractual services. ~ ~ ~'iCflUNTY At3A Coordinatiart Agenda t:cwrdmatron Anima! Se+virxs Art m Fublit €+iaces Audit atd Management Services Avia6r~n Building Bui#ding Code Compliance BusinES. L1evelopmmt Capital #mgwea*terns Citize»s' #ndeperKknt Tran,ptrt4a77csn Tivse Commisxron oo Ethics and Hab4icT"rur Coxnmunlcasons Commw»ity A.-tia» A#yency Cmnrrnutity 8 fxonomic Cksve#apment Cammuniry Re~aiiorts Co}tsuezter SErvtees Carractions & kehapiiitafGn Cukura! 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Prior to the scheduled hearing, both the City Budget Director and I would like to conference call with you to discuss this matter tomorrow morning at 9:00 a.m. Sincerely, ~~ ~~~ Marcus Saiz de la Mora Acting Property Appraiser Miami-Dade County cc: Kathie Brooks, Director of Budget and Improvement City of Miami Beach Enclosures: 2006 DR-420 Original 200'7 DR-420 2006 DR-403BM 2006 DR-420 Spreadsheet Spreadsheet Reflecting Normandy Shores 2006 DR 420 Taxable Values (1) Current Year Taxable Value of Real Property (2) Current Year Taxable Value of Personal Property (3) Current Year Taxable Value of Centrally Assessed Property (4) Current Year Gross Taxable Value (1) + (2) + (3) (5) Current Year Net New Taxable Value (6) Current Year Adjusted Taxable Value (4) - (5) (7) Prior Year Final Gross Taxable Value (8) Prior Year Operating Millage Levy (9) Prior Year Ad Valorem Proceeds (7) x (8) (10) Current Year Rolled-Back Rate (9) divided by (6) (11) Current Year Proposed Operating Millage Rate "Calculations: Original DR-420 .338 mills x 269,642,346 reported taxable value (line (4]): 91,139 in expected proceeds divided by 126,517,149 (line [4]) 06 Original 06 Corrected 07 DR-420 269,232,411 126,107,214 150,226,143 409,935 409,935 939,230 0 0 0 269,642, 346 126,517,149 151,165, 373 514,306 514,306 61,160 269,128,040 126,002,843 151,104,213 105,441, 735 105,441, 735 126, 364, 329 0.814 0.814 0.720 85,830 85,830 91,139 0.319 0.681 0.603 0.338 0.720 91,139 2006 Expected Proceeds 0.720369639 mills Rounded to .720 mills