Resolution 2024-33360RESOLUTION NO.2024-33360
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 MARCH 1,2025,TO APRIL 30,2025,TO
DETERMINE WHETHER A MAJORITY OF THE AFFECTED PROPERTY
OWNERS APPROVE THE CREATION OF THE SPECIAL ASSESSMENT
DISTRICT TO BE KNOWN AS THE SOUTH BEACH BUSINESS
IMPROVEMENT 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;AND DIRECTING THE
CITY CLERK TO GIVE NOTICE OF SUCH ELECTION AS REQUIRED BY THE
CITY CODE AND STATE LAW.
WHEREAS,on September 11,2024,the Mayor and City Commission adopted Resolution
No.2024-33229,amending and restating Resolution No.2020-31144,which created,pursuant to
Chapter 170,Florida Statutes,and subject to the approval of a majority of affected property
owners,the special assessment district to be known as the South Beach Business Improvement
District (the "District"),for a term of ten (10)years,to stabilize and improve the Ocean Drive and
Collins Avenue retail business district,which district is generally located within a nationally
recognized historic district,and generally bounded on the north by the northern boundary lines of
the properties located at 1601 Collins Avenue and 1610 Collins Avenue,and on the south by 5"
Street,through promotion,management,marketing,and other similar services funded by special
assessments starting at $2,147,242 in the first year,increasing annually based on the Consumer
Price Index (CPI),but not exceeding two percent (2%)per year;and
WHEREAS,the Mayor and City Commission hereby call for a special mail ballot election
(the "Election")to determine whether a majority (50%plus one)of the affected property owners
approve the creation of the District;and
WHEREAS,the City and South Beach BID Partners,Inc.,a Florida not-for-profit
corporation ("South Beach BID Partners"),intend to enter into a Memorandum of Understanding
(the "MOU")to conduct the Election;and
WHEREAS,pursuant to the MOU,South Beach BID Partners shall cover the costs of the
Election,including the City's staff costs,as well as the cost of postage,printing,mailing supplies,
advertising,and translation;and
WHEREAS,the Office of the City Clerk and Office of the City Attorney have prepared
special mail ballot election procedures for the proposed Election,which are attached and
incorporated as Exhibit "A."
NOW,THEREFORE,BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA:
SECTION 1.
In accordance with the provisions of the Code of the City of Miami Beach and the general
laws of the State of Florida,a special mail ballot election is hereby called and directed to be held
in the City of Miami Beach,Florida,from March 1,2025,to April 30,2025,for the purpose of
submitting to the affected property owners the following question:
Shall the South Beach Business Improvement District be created for
a 10-year term,with an estimated annual budget of $2,147,242,to
stabilize and improve the Ocean Drive and Collins Avenue retail
business district,generally located within a nationally recognized
historic district,through promotion,management,marketing,and
similar services,which District shall be funded by special
assessments against benefited properties,with assessments
increasing pursuant to the Consumer Price Index,up to 2%annually?
SECTION 2.
The Office of the City Clerk and Office of the City Attorney shall conduct the special mail
ballot election authorized herein,in accordance with the special mail ballot election procedures
attached hereto and incorporated herein as Exhibit "A".
SECTION 3.
The form of the ballot shall be a paper ballot,which shall be mailed to affected property
owners.
SECTION 4.
The City Clerk is hereby directed to give notice,as required by law,of the adoption of this
Resolution and of the special mail ballot election herein prescribed.
SECTION 5.
This Resolution shall be effective immediately upon its passage.If a majority (50%plus
one)of the affected property owners approve the creation of the District,the City Commission will
hold a public hearing for the City Commission to (i)make a final decision on whether to levy the
special assessments,and (ii)meet as an Equalizing Board to hear and consider any and all
complaints as to the special assessments,and adjust and equalize the assessments on a basis
of justice and right.
PASSED and ADOPTED THIS {7 day of 0every
ATTEST:2 NOV 2 2 2024
2024.
Rafael E.Granado,City Clerk
•
(Sponsored by Commissioner Joseph Magazine and Co-sponsored by Mayor Steven Meiner,
Vice Mayor Alex Fernandez,Commissioner Tanya Bhatt,Commissioner Laura Dominguez,
Commissioner Kristen Rosen Gonzalez,and Commissioner David Suarez)
APPROVED AS TO
FORM AND LANGUAGE
&FOR EXECUTION
)t'Mia(9ity Attorney [(
wlsl2¥
Date
Resolutions -C7 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
FROM:Eric Carpenter,City Manager
DATE:November20,2024
TITLE: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 MARCH 1,2025,TO APRIL 30,2025,TO DETERMINE
WHETHER A MAJORITY OF THE AFFECTED PROPERTY OWNERS APPROVE
THE CREATION OF THE SPECIAL ASSESSMENT DISTRICT TO BE KNOWN AS
THE SOUTH BEACH BUSINESS IMPROVEMENT 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;
AND DIRECTING THE CITY CLERK TO GIVE NOTICE OF SUCH ELECTION AS
REQUIRED BY THE CITY CODE AND STATE LAW.
RECOMMENDATION
The Administration recommends the Mayor and City Commission adopt the Resolution.
BACKGROUND/HISTORY
Chapter 170,Florida Statutes,authorizes any municipality,subject to approval by a majority of
the affected property owners,to levy and collect special assessments against benefitted
properties for the purpose of stabilizing and improving retail business districts,wholesale business
districts,or nationally recognized historic districts,through promotion,management,marketing,
and other similar services.
On December 17,2014,the Mayor and City Commission adopted Resolution No.2014-28881,
initially contemplating a special assessment district for the Ocean Drive retail business district.
Following this,a steering committee of property owners proposed expanding the district to include
the Collins Avenue corridor,from 5th Street to 21st Street.
On September 12,2018,the Mayor and City Commission adopted Resolution No.2018-30487,
authorizing the City Manager and City Attorney to collaborate with a steering committee of Ocean
Drive and Collins Avenue property owners to establish a special assessment district under
Chapter 170,Florida Statutes.The district was intended to enhance the retail business district,
located within a nationally recognized historic district,through promotion,management,
marketing,and other services.
On January 15,2020,the Mayor and City Commission adopted Resolution No.2020-31144,
creating the South Beach Business Improvement District (the "District"),subject to approval by a
majority of the affected property owners,for a term of ten (10)years.Pursuant to Chapter 170,
Florida Statutes,creation of the District aimed to stabilize and improve the Ocean Drive and
Collins Avenue retail business district,with services funded by special assessments in the amount
of $2,093,335 annually throughout the District's 10-year term.The Resolution also provided
details on the levy,collection,and publication of these assessments.
On February 12,2020,the Mayor and City Commission adopted Resolution No.2020-31168,
calling for a special mail ballot election from June 1,2020,to August 31,2020,to determine if a
Page 291 of 1993
majority of affected property owners approved the District's creation.Resolution No.2020-31169
authorized a Memorandum of Understanding (MOU)for the special election.On March 13,2020,
the City and South Beach BID Partners,Inc.,a Florida not-for-profit,representing property owners
in the District (South Beach BID Partners"),executed the MOU,which outlined the special
election process and funding for the City's associated costs.
On April 22,2020,the Mayor and City Commission adopted Resolution No.2020-31236,
repealing Resolution No.2020-31168,due to the rapidly spreading COVID-19 pandemic.The City
Commission's decision to postpone the special election was made in the interest of public health,
safety,and welfare.
On September 11,2024,the Mayor and City Commission adopted Resolution No.2024-33229,
amending and restating Resolution No.2020-31144,which created the District,subject to the
approval of a majority of affected property owners.Pursuant to Chapter 170,Florida Statutes,
Resolution No.2024-33229 established the District for a term of ten (10)years,with the aim to
stabilize and improve the Ocean Drive and Collins Avenue retail business district,with services
funded by special assessments starting at $2,147,242 in the first fiscal year,increasing annually
based on the Consumer Price Index (CPI),but not exceeding two percent (2%)per year.The
Resolution also provided details on the levy,collection,and publication of these assessments.
A separate Resolution has also been placed on the November 20,2024 City Commission meeting
agenda,regarding a memorandum of understanding (MOU)to conduct the special mail ballot
election to be held from March 1,2025 to April 30,2025,to determine whether a majority of the
affected property owners approve the creation of the District (the "Election").
ANALYSIS
The Resolution calls for a special mail ballot election (the "Election")to be held from March 1,
2025,to April 30,2025,allowing affected property owners within the proposed South Beach BID
boundaries to vote on the establishment of the BID.The Office of the City Clerk will conduct the
Election in accordance with special mail ballot election procedures established by the Office of
the City Clerk and the Office of the City Attorney ("Election Procedures"),which are attached to
the Resolution as Exhibit "A"The ballot will be a paper form,instructing each voter to indicate
their response by drawing a circle around the appropriate option.
The Resolution also directs the City Clerk to publish election notices in compliance with the City
Code and Florida Statutes.
FISCAL IMPACT STATEMENT
If the City Commission approves the Resolution and the Election is administered by the Office of
the City Clerk,the City's related costs will be fully reimbursed by South Beach BID Partners,as
outlined in the Election-related Memorandum of Understanding (MOU)between the City and
South Beach BID Partners,which also includes a detailed cost estimate of approximately
$7,858.31.The Election-related MOU is attached as an exhibit to the companion resolution to this
item.
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable,the Business Impact Estimate (BIE)was published on:
See BIE at:https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
FINANCIAL INFORMATION
Page 292 of 1993
The Election-related MOU,attached to the companion resolution for this item,contains a Cost
Estimate with a detailed breakdown of the anticipated expenses for conducting the Election.
These costs,estimated at approximately $7,858.31,will be fully reimbursed by South Beach BID
Partners and are consistent with those incurred during recent special mail ballot elections,to
establish the 41 st Street BID in June 2023 (approved by Resolution Nos.2023-32565 and 2023-
32566)and to renew the Lincoln Road BID,which is currently underway (approved by Resolution
Nos.2024-33230 and 2024-33231).
CONCLUSION
The proposed Resolution approves the form of ballot and establishes election dates for a special
mail ballot election,enabling affected property owners to decide on the creation of the South
Beach Business Improvement District.The Resolution also authorizes the City Clerk and City
Attorney to conduct the election and directs the City Clerk to notice the election in accordance
with law.If creation of the District is supported in the Election,any concerned property owners
and/or members of the public will have the opportunity to address the City Commission at a duly
noticed public hearing.
If approved,the collection of assessments from District members will provide funding for services
that aim to enhance and sustain the Ocean Drive and Collins Avenue retail corridors,fostering a
cohesive and vibrant business environment that benefits property owners,visitors,and the
community alike.
For these reasons,the Administration supports the establishment of the South Beach BID and
recommends adopting the Resolution as outlined above.
Applicable Area
South Beach
ls this_a"Residents Right to Knoy"item,
pursuant to City Code Section 2-172
Yes
Is this item related to a G.O.Bond
Project?
No
as_this Agenda Item_initially requested by a lobbyist which,as_defined_in_Code_Sec_2481,
includes a principal engaged in lobbying?Yes
If so,specify the name of lobbyist(s)and principal(s):South Beach BID Partners,Inc.I Jonathan
Plutzik and Ceci Velasco
Department
Economic Development
Sponsor(s)
Commissioner Joseph Magazine
Co-sponsor(s)
Mayor Steven Meiner
Commissioner Tanya K.Bhatt
Commissioner Laura Dominguez
Commissioner Kristen Rosen Gonzalez
Commissioner Alex Fernandez
Commissioner David Suarez Page 293 of 1993
Condensed Title
Call Special Mail Ballot Election,Create SB Business Improvement District.
(UM/SMTB/LD/KRGIAFIDS)
Page 294 of 1993
SOUTH BEACH 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 renewal of the proposed South Beach
Business Improvement District (the "District")(altogether,the "Election")
1.South Beach BID Partners,Inc.("South Beach BID Partners"),shall provide the City Clerk
with a Certified List,approved by the president of South Beach BID Partners and attested to
by its secretary,of each benefited property address within the District,and each property
owner's mailing address.In addition,South Beach BID Partners 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,at the sole cost and expense of South Beach
BID Partners,to verify the accuracy of the names of the property owners and mailing
addresses submitted by South Beach BID Partners pursuant to Section 1 above.
3.The Office of the City Attorney shall draft the ballot question.
4.Upon the approval of the ballot question by South Beach BID Partners,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 2:
Envelope 3:
Envelope 1,the outer envelope,shall be affixed with a mailing label
provided by South Beach BID Partners.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,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 the property owner,and mailing
address of the property owner shall be affixed to Envelope 2.
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
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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 South Beach BID Partners notifies the City in writing that
it desires that the Official Ballots be sent via FedEx or any other delivery service,at the
expense of South Beach BID Partners;in such event,South Beach BID Partners 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 South Beach BID Partners 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.In the event that,following the tenth (10)day after the start of the Election,a property owner
has not yet received an Official Ballot,the property owner may submit a written request to the
City Clerk for a Duplicate Ballot.Upon receipt of the property owner's request,the City Clerk
shall promptly mail a Duplicate Ballot to the property owner.If South Beach BID Partners
elects,pursuant to Section 7,to use a delivery service other than U.S.Mail,South Beach BID
Partners shall provide the City with a pre-addressed label and any and all necessary packing
and mailing materials for that particular delivery service.If a property owner does not receive
the Duplicate Ballot,the property owner may,again,submit a written request to the City Clerk
for a Duplicate Ballot;however,the property owner (or a representative of the property owner)
shall be required to retrieve the Duplicate Ballot from the Office of the City Clerk in person.
10.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.
11.The Canvassing Board for this special mail ballot election shall consist of the following
individuals:
a.Rafael E.Granado,City Clerk
b.Faroat Andasheva,Senior Assistant City Attorney
c.Rogelio A.Madan,Development &Resiliency Officer,Planning Department
In the event that one or more of the members are unavailable,a substitute member shall be
appointed by the City Attorney.
12.A "yes"vote of the owners of a simple majority (50%plus one)of the affected properties is
required to approve the creation of the proposed District.
13.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.
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14.The City Clerk shall keep South Beach BID Partners informed of all election-related activities,
and South Beach BID Partners is responsible for disseminating all information to the owners
of properties within the District.
15.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 15(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.The Canvassing Board may accept a ballot where the Board
finds that the ballot substantially complies with the requirements of this Procedure,as long
as the Affidavit is properly completed,the property is located within the District,and the
voter's intent is clear.
16.Once the count has been finalized and the count is reconciled,the Office of the City Clerk will
prepare an Official Election Certification.
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Page 297 of 1993