2015-29025 Reso RESOLUTION NO 2015-29025
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH AND THE
LINCOLN ROAD PROPERTY OWNERS ASSOCIATION, INC.
("LRPOA"), TO CONDUCT A SPECIAL MAIL BALLOT ELECTION TO
DETERMINE WHETHER A MAJORITY OF THE AFFECTED
PROPERTY OWNERS APPROVE THE CREATION OF A SPECIAL
ASSESSMENT DISTRICT TO BE KNOWN AS THE LINCOLN ROAD
BUSINESS IMPROVEMENT DISTRICT, WHICH ELECTION SHALL BE
CONDUCTED BY THE OFFICE OF THE CITY CLERK AND OFFICE OF
THE CITY ATTORNEY, AND TO PROVIDE THAT LRPOA SHALL
COVER THE COSTS OF CONDUCTING SUCH ELECTION.
WHEREAS, on April 15, 2015, the Mayor and City Commission adopted Resolution No.
2015-28992, which created, pursuant to Chapter 170, Florida Statutes, and subject to the
approval of a majority of the affected property owners, a special assessment district to be
known as the Lincoln Road Business Improvement District (the "District"), for a term of ten (10)
years, to stabilize and improve the Lincoln Road retail business district, which is located within a
nationally recognized historic district, through promotion, management, marketing, and other
similar services; and
WHEREAS, the Mayor and City Commission have called for a special mail ballot
election (the "Election") to determine whether a majority of the affected property owners approve
the creation of the District; and
WHEREAS, the City and the Lincoln Road Property Owners Association, Inc. ("LRPOA")
desire to enter into a Memorandum of Understanding ("MOU"), attached and incorporated as
Exhibit "A" hereto, whereby the City shall agree to conduct the Election, and LRPOA shall agree
to cover the City's costs of the Election, including the City's staff costs, as well as the cost of
postage, printing, advertising, and translation; and
WHEREAS, the Office of the City Clerk and Office of the City Attorney shall conduct the
Election; and
WHEREAS, the Office of the City Clerk and Office of the City Attorney have prepared
special mail ballot election procedures for the Election, which procedures shall be incorporated
in the MOU.
NOW, THEREFORE, THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, hereby approve and authorize the City Manager to execute a Memorandum
of Understanding between the City of Miami Beach and the Lincoln Road Property Owners
Association, Inc. ("LRPOA"), to conduct a special mail ballot election to determine whether a
majority of the affected property owners approve the creation of a special assessment district to
be known as the Lincoln Road Business Improvement District, which election shall be
conducted by the Office of the City Clerk and Office of the City Attorney, and to provide that
LRPOA shall cover the costs of conducting such election.
PASSED and ADOPTED this WO day of 11.4Q 2015.
ATTEST:
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R fael E. Granado, C ty erk Phili - , Mayor
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INCORP LORATED.:
F:\ATTO\KALN\RESOLUTIONS\Lincoln Road BID\EL`nt L2 I..°'ad BID Election MOU Reso.docx
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
t1cc— VC (5
City Attorney Date
ZOt5. 2 9cJ25
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND
THE LINCOLN ROAD PROPERTY OWNERS ASSOCIATION, INC.
This Memorandum of Understanding ("MOU") is hereby entered into this 2- day of
May, 2015, by and between the Lincoln Road Property Owners Association, Inc., a
Florida non profit corporation with offices at 801 Arthur Godfrey Road, Suite 600, Miami
Beach, FL 33140 ("LRPOA"), and the City of Miami Beach, a Florida municipal
corporation with offices at 1700 Convention Center Drive, Miami Beach, Florida 33139
("City") (collectively, the "Parties").
RECITALS
WHEREAS, LRPOA is a Florida non profit corporation, which is tax exempt
under section 501(c)(6) of the Internal Revenue Code, and represents a group of
property owners of real estate in the vicinity of, abutting, or located on Lincoln Road;
WHEREAS, on April 15, 2015, the Mayor and City Commission of 4he City of
Miami Beach adopted Resolution No. 2015-28992, which created, pursuant!to Chapter
170, Florida Statutes, and subject to the approval of a majority of the affected property
owners, a special assessment district to be known as the Lincoln Road Business
Improvement District (the "District"), for a term of ten (10) years, to stabilize and improve
the Lincoln Road retail business district, which is located within a nationally recognized
historic district, through promotion, management, marketing, and other similar services;
WHEREAS, the District is bounded on the west by Alton Road; on the east by
Washington Avenue; on the north by 17th Street; and on the south by Lincoln Lane
South; provided, however, that the following properties shall be excluded and exempted
from such District: (1) residential properties; (2) properties owned or occupied by a
religious institution and used as a place of worship or education (as defined in Section
170.201(2), Florida Statutes); and (3) common areas owned by condominium
associations;
WHEREAS, a special mail ballot election shall be held to determine whether,
pursuant to Chapter 170, Florida Statutes, a majority (50% plus one) of the affected
property owners approve the creation of the District (the "Election"); and
WHEREAS, the City and LRPOA hereby agree to the terms of this MOU, which
shall set forth the obligations of the Parties with respect to the Election.
NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows:
1. RECITALS
The recitals are true and correct and hereby incorporated into and made a part of this
MOU.
2. SCOPE OF DUTIES
The City, through the Office of the City Clerk and Office of the City Attorney, shall
provide the following services relative to the Election:
A. Conduct the Election, pursuant to the Special Mail Ballot Election Procedures,
attached hereto and incorporated herein as Exhibit "A."
B. Prepare and disseminate any documents necessary to effectuate the Election,
including the official ballot, instruction sheet, and form affidavit affirming the
voter's authority to vote on behalf of a property owner, as well as any notices and
advertisements required by law.
C. Communicate with the Mayor and City Commission regarding the progress of the
Y Y 9 9 P 9
Election.
3. TERM AND EXPIRATION DATE
This MOU and the Parties' obligations hereunder shall commence upon the full
execution of this MOU, and shall terminate upon the City Clerk's certification of the
results of the Election to the City Commission.
4. COMPENSATION
LRPOA shall pay for all costs necessary to conduct the Election, including the City's
staff costs, as well as the cost of postage, printing, advertising, and translation (the
"Fee"), as set forth in the proposed budget, attached hereto as Exhibit "B." The total Fee
due to the City shall not exceed $20,000, unless mutually agreed to and approved, in
writing, by the Parties. For purposes of this Section 4, the City Manager shall be
authorized to act on behalf of the City.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
IN WITNESS WHEREOF, the parties have affixed their signatures, effective on
the date first written above.
CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By: Arl# ';i7 V\\\ „..34%,„,
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Rafael Granado ?� � l y
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City Clerk % : ' � -na �
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* :INCORP ORAT, D' ,
LINCOLN ROAD PROPERTY OW i SSO TIO �IN R • •
ATTEST. 4.� • ; \�
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By:
Si ature Stev- ombinski
Pr; ident
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Print Name/Title L pk p p A-
APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
4 jai= 5 0-1. 5
City Attorney Date
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EXHIBIT "A"
LINCOLN ROAD BUSINESS IMPROVEMENT DISTRICT
SPECIAL MAIL BALLOT ELECTION PROCEDURES
The following procedures shall govern the special mail ballot election, which shall be
conducted by the Office of the City Clerk and Office of the City Attorney, to determine
whether a majority (50% plus one) of the affected property owners approve the creation
of the proposed Lincoln Road Business Improvement District (the "District") (altogether,
the "Election").
1. The Lincoln Road Property Owners Association, Inc. ("LRPOA") shall provide the
City Clerk with a Certified List, approved by the LRPOA president and attested to by
the LRPOA secretary, of each benefited property address within the District, and
each property owner's mailing address. In addition, the LRPOA will provide the City
with a mailing label and a return-mailing label for each address. The format of the
mailing labels and return-mailing labels (the "Labels") shall be as determined by the
City.
2. The City reserves the right to hire a consultant to verify the property owners and
mailing addresses submitted by LRPOA pursuant to Section 1 above.
3. The Office of the City Attorney shall draft the ballot question.
4. Upon LRPOA's approval of the ballot question, and the City's receipt of the Labels
and Certified List, the Office of the City Clerk, in consultation with the Office of the
City Attorney, shall prepare the Official Ballot. The City's seal will be embossed on
each Official Ballot.
5. The City shall translate or arrange the translation of any documents necessary to
effectuate the Election, including the Official Ballot.
6. The mail package for each Official Ballot shall be as follows:
Envelope 1: Envelope 1, the outer envelope, shall be affixed with a mailing label
provided by LRPOA. This envelope shall contain (i) the Official
Ballot, (ii) a form affidavit affirming the voter's authority to vote on
behalf of the property owner (the "Affidavit"), (iii) an instruction
sheet detailing when the Official Ballot must be returned and the
date, time, and location of when the Official Ballots received will be
opened, (iv) Envelope 2, and (v) Envelope 3.
Envelope 2: Envelope 2, which will be placed inside Envelope 1, shall be
stamped and pre-addressed for mailing to the Office of the City
Clerk. A return address label printed with the folio number, name of
1
the property owner, and mailing address of the property owner shall
be affixed to Envelope 2.
Envelope 3: Envelope 3 is the ballot secrecy envelope. To preserve the secrecy
of the ballot, the property owner will be instructed to remove the
Official Ballot from Envelope 1, and cast a vote by drawing a circle
around the appropriate ballot response. After voting, the property
owner will be instructed to place the completed Official Ballot inside
Envelope 3, seal Envelope 3, and place Envelope 3 into Envelope
2. The property owner will be instructed to place the Affidavit inside
Envelope 2 and not to place the Affidavit inside Envelope 3, to
preserve the secrecy of the ballot. The property owner shall return
a sealed Envelope 2, containing the Affidavit and a sealed
Envelope 3, to the City by (i) mailing the pre-addressed Envelope 2
to the Office of the City Clerk or (ii) physically bringing Envelope 2
directly to the Office of the City Clerk.
7. The Office of the City Clerk shall mail all Official Ballots to the property owners on
the same day, via First Class U. S. Mail, unless LRPOA notifies the City in writing
that LRPOA desires that the Official Ballots be sent via FedEx or any other delivery
service, at LRPOA's expense; in such event, LRPOA shall provide the City with pre-
addressed labels and any and all necessary packing and mailing materials for that
particular delivery service. In the event that LRPOA elects to use a delivery service
other than U.S. Mail, the procedure in Section 6 shall still apply, except that
Envelope 1 shall be placed inside a postage prepaid envelope for that particular
delivery service.
8. As voting envelopes are returned, the Office of the City Clerk shall track, on a daily
basis, the number of ballots received, by property address, using the Certified List.
The count will be posted on the City's website at the end of each day.
9. If the Office of the City Clerk receives two or more envelopes referencing the same
folio number, the ballots in those envelopes shall be voided, and that property owner
will be considered to have not voted.
10.The Canvassing Board for this mail ballot election shall consist of the following
individuals:
a. Rafael E. Granado, City Clerk
b. Raul J. Aguila, City Attorney
c. Nick E. Kallergis, Assistant City Attorney
11.A "yes" vote of the owners of a simple majority (50% plus one) of the affected
properties is required to approve the proposed District.
2
12.A property owner who fails to return an Official Ballot to the Office of the City Clerk
within the allotted timeframe will be considered to have voted "no" to the creation of
the District.
13.The City Clerk shall keep the LRPOA president informed of all election-related
activities, and the LRPOA president is responsible for disseminating all information
to the owners of properties within the District.
14.The ballots will be opened at a publicly noticed meeting of the Canvassing Board, at
a prescribed date, time, and location, as follows:
a. Envelope 2 will be opened and Envelope 3 and the Affidavit will be removed from
Envelope 2.
b. Envelope 2 will be placed in a separate stack.
c. The Canvassing Board will review the Affidavit to ensure that it is complete and
validly executed and notarized. If the Affidavit is not complete or validly executed
or notarized, the Affidavit will be stapled to the corresponding Envelope 3 and
rejected. If the Affidavit is complete and validly executed and notarized, the
Affidavit and Envelope 3 will be placed in separate stacks.
d. If the Affidavit is deemed valid, the corresponding Envelope 3 will be opened and
the Official Ballot will be removed and placed in a separate stack.
e. Those Official Ballots deemed valid pursuant to Section 14(d) herein will be
counted. The Office of the City Clerk will prepare a tally of"yes" votes, "no" votes,
unreturned ballots, and rejected ballots.
f. The Canvassing Board will review any ballot lacking a clear ballot response to
determine, if possible, the voter's intent.
15.Once the count has been finalized and the count is reconciled, the Office of the City
Clerk will prepare an Official Election Certification.
F:\ATTO\KALN\RESOLUTIONS\Lincoln Road BID\ELECTION\Lincoln Road BID Mail Ballot Election Procedures.doc
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1915 • 2015
MIAMIBEACH
OFFICE OF THE CITY ATTORNEY
RAULJ. AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM
To: Mayor Philip Levine Date: May 20, 2015
Members of the City Commission
From: Raul J. Aguila ,..�� ( —
City Attorney
Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, CALLING FOR A SPECIAL MAIL BALLOT ELECTION
TO BE HELD FROM JUNE 29, 2015 TO JULY 24, 2015, TO DETERMINE
WHETHER A MAJORITY OF THE AFFECTED PROPERTY OWNERS APPROVE
THE CREATION OF A SPECIAL ASSESSMENT DISTRICT TO BE KNOWN AS
THE LINCOLN ROAD BUSINESS IMPROVEMENT DISTRICT (THE "DISTRICT");
PROVIDING THAT THE OFFICE OF THE CITY CLERK AND OFFICE OF THE
CITY ATTORNEY SHALL CONDUCT SUCH ELECTION; PROVIDING FOR THE
FORM OF BALLOT; DIRECTING THE CITY CLERK TO GIVE NOTICE OF SUCH
ELECTION AS REQUIRED BY THE CITY CODE AND STATE LAW; AND
AUTHORIZING THE CITY MANAGER TO VOTE IN FAVOR OF THE CREATION
OF THE DISTRICT ON BEHALF OF THE CITY, WHICH, AS THE
OWNER/LESSOR UNDER THE GROUND LEASE WITH THE NEW WORLD
SYMPHONY, IS AN AFFECTED PROPERTY OWNER.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF MIAMI BEACH AND THE LINCOLN ROAD PROPERTY OWNERS
ASSOCIATION, INC. ("LRPOA"), TO CONDUCT A SPECIAL MAIL BALLOT
ELECTION TO DETERMINE WHETHER A MAJORITY OF THE AFFECTED
PROPERTY OWNERS APPROVE THE •CREATION OF A SPECIAL
ASSESSMENT DISTRICT TO BE KNOWN AS THE LINCOLN ROAD BUSINESS
IMPROVEMENT DISTRICT, WHICH ELECTION SHALL BE CONDUCTED BY THE
OFFICE OF THE CITY CLERK AND OFFICE OF THE CITY ATTORNEY, AND TO
PROVIDE THAT LRPOA SHALL COVER THE COSTS OF CONDUCTING SUCH
ELECTION.
Agenda Item C 74
Date 5--0/0-1S-
Resolutions Approving Lincoln Road BID Election and Memorandum of Understanding
May 20, 2015
Page 2
Introduction
On April 15, 2015, the Mayor and City Commission adopted Resolution No. 2015-28992, which
created, pursuant to Chapter 170, Florida Statutes, and subject to the approval of a majority of
the affected property owners, a special assessment district to be known as the Lincoln Road
Business Improvement District (the "District"), for a term of ten (10) years, to stabilize and
improve the Lincoln Road retail business district, which is located within a nationally recognized
historic district, through promotion, management, marketing, and other similar services.
The attached Resolutions are submitted for consideration by the Mayor and City Commission.
The first Resolution calls for a special mail ballot election (the "Election") to be held from June
29, 2015 to July 24, 2015, to determine whether a majority of the affected property owners
approve the creation of the District. The second Resolution approves and authorizes the City
Manager to execute a Memorandum of Understanding ("MOU") between the City and the
Lincoln Road Property Owners Association, Inc. ("LRPOA"), whereby the City shall agree to
conduct the Election, and LRPOA shall agree to cover the costs of the Election.
Resolution Calling for a Special Mail Ballot Election
The first Resolution calls for the Election, which shall be held from June 29, 2015 to July 24,
2015. The Office of the City Clerk shall conduct the Election in accordance with the special mail
ballot election procedures developed by the Office of the City Clerk and Office of the City
Attorney, which procedures are attached to the Resolution as Exhibit "A." The form of the ballot
shall be a paper ballot, upon which each voter will be directed to draw a circle around the
appropriate ballot response. The Resolution directs the City Clerk to publish any election notices
required by the City Code and Florida Statutes.
Additionally, the Resolution directs the City Manager to vote in favor of the creation of the
District on behalf of the City, which, as the Owner/Lessor under the Ground Lease, dated
January 5, 2004, between the City and the New World Symphony, is an affected property
owner. Pursuant to Section 3.3 of the Ground Lease, the New World Symphony shall pay any
special assessments authorized by Resolution No. 2015-28992.
Resolution Approving the Memorandum of Understanding between the City and LRPOA
The second Resolution approves and authorizes the City Manager to execute the MOU
between the City and LRPOA. Pursuant to the MOU, the City shall agree to conduct the
Election, in accordance with the procedures for such Election developed by the Office of the
City Clerk and the Office of the City Attorney, and LRPOA shall agree to cover the costs of the
Election, including the City's staff costs, as well as the cost of postage, printing, advertising, and
translation.