A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE, SUBSTANTIALLY IN THE FORM ATTACHED AND AS ACCEPTABLE TO THE CITY MANAGER AND CITY ATTORNEY, THE AGREEMENT FOR TRANSFER OF THE BISCAYNE POINT SECURITY GUARD SPECIAL TAXING DISTRICT CURRENTLY MAINTAINED BY MIAMI-DADE COUNTY, WHICH PROVIDES FOR THE TRANSFER OF CONTROL OF THE BISCAYNE POINT SECURITY GUARD SPECIAL TAXING DISTRICT FROM THE COUNTY TO THE CITY AND THE DESIGNATION OF THE MAYOR AND CITY COMMISSION AS THE GOVERNING BODY OF THE SPECIAL TAXING DISTRICT, SUBJECT TO A MAJORITY VOTE OF THE QUALIFIED ELECTORS RESIDING IN THE SPECIAL TAXING DISTRICT.

Adopt this resolution and authorize the City Manager to execute the interlocal agreement with Miami-Dade County.

The Administration is requesting that the Mayor and City Commission hereby authorize the City Manager to execute, substantially in the form attached and as acceptable to the City Manager and City Attorney, the Agreement  for Transfer of the Biscayne Point Security Guard Special Taxing District Currently Maintained by Miami-Dade County, which Agreement provides for the transfer of control of the Biscayne Point Special Taxing District from the County to the City and the designation of the Mayor and City Commission as the governing body of the Special Taxing District, subject to a majority vote of the qualified electors residing in the Special Taxing District.

In 1990, the City of Miami Beach’s ("City") Mayor and City Commission and the Miami-Dade County ("County") Board of County Commissioners (“Board”) approved the creation of the Biscayne Point Security Guard Special Taxing District ("Special Taxing District") in City Resolution No. 90-19919 and County Ordinance No. 90-52 to provide 24-hour security guard service to Biscayne Point. Thereafter, in 2006 and 2007, respectively, the City’s Mayor and City Commission and the County Board approved an amendment to the Special Taxing District in City Resolution No. 2006-26201 and County Ordinance No. 07-62 to provide for increased services, including the installation of cameras and a recording device in the guardhouse.

Pursuant to a County Charter Amendment approved by the electorate on November 8, 2016, County Ordinance No. 16-14 was given effect which created a new Section 18-3.1 in the Miami-Dade County Code. This new County Code Section provides, in part, that by joint resolutions of the County Board and the governing body of a municipality, the governing body of a municipality may be designated as the governing body of an existing special taxing district located entirely within the boundaries of such municipality, subject to a majority vote of the qualified electors residing in the special taxing district at an election called by and conducted as provided by the County Board. In addition, the County has advised that interlocal agreements with the County Board and with the County Tax Collector and Property Appraiser would be needed to effectuate a transfer of control.

The transfer of control of the Biscayne Point Security Guard Special Taxing District from the County Board to the Mayor and City Commission of the City of Miami Beach is supported by the Biscayne Point Homeowners Association. At the June 26, 2017 City Commission meeting, the Mayor and City Commission adopted Resolution No. 2017-29909, sponsored by Commissioner Michael Grieco, requesting the County to transfer control of the Biscayne Point Security Guard Special Taxing District from the County Board to the Mayor and City Commission of the City of Miami Beach, and to designate the Mayor and City Commission as the governing body of the Special Taxing District, subject to County approval and a majority vote of the qualified electors residing in the Special Taxing District.

Execution of the Agreement for Transfer of the Biscayne Point Security Guard Special Taxing District Currently Maintained by Miami-Dade County (“Agreement”) is required to proceed with the process of the transfer of control of the Special Taxing District from the County to the City; therefore, the City Manager should be authorized to execute the Agreement, substantially in the form attached hereto and as acceptable to the City Manager and the City Attorney.

Following the approval of the Agreement and between October and December of 2017, the Miami-Dade Board of County Commissioners (BCC) will hold a public hearing, propose a resolution calling for a special election for Biscayne Point resident to approve the transfer of the Special Taxing District and accept and ratify any resolutions.  Elections are tentatively scheduled for late January 2018. All other timelines are dictated by the date and outcome of the elections and are tentatively scheduled as follows: 

• In February 2018 the City will become the new governing body of the Special Taxing District and will determine how to proceed with contracts including but not limited to electrical, security and equipment services. 

• In July 2018 the City is required to submit the final folio and non-ad valorem rates to the County. 

• The deadline for the City to adopt a non-valorem assessment roll is September 15, 2018.

• Official transfer of the Special Taxing District to the City will occur on October 1, 2018.

The Administration recommends that the Mayor and City Commission approve this resolution to authorize the City Manager to execute the interlocal agreement with Miami-Dade County.

Currently, the Special Taxing District has an annual budget of $243,000. The County collects $30,100 as an administrative fee to offset costs related to administering service contacts and providing fiscal support for the District.  Administrative support would be similar to that currently provided by the City to the Normandy Shores District.