Resolution 2023-32630RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING
THE OFFICIAL ELECTION CERTIFICATION OF THE
CANVASSING BOARD FOR THE SPECIAL MAIL BALLOT
ELECTION HELD IN THE CITY OF MIAMI BEACH FROM
JUNE 5, 2023 TO JUNE 27, 2023, TO DETERMINE
WHETHER A MAJORITY OF THE AFFECTED PROPERTY
OWNERS APPROVE THE CREATION OF A SPECIAL
ASSESSMENT DISTRICT TO BE KNOWN AS THE 41ST
STREET BUSINESS IMPROVEMENT DISTRICT.
2023-32630
WHEREAS, on March 27, 2023, the Mayor and City Commission adopted
Resolution No. 2023-32544, 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 41 st Street Business Improvement District (the
"District"), for a term of ten (10) years, to stabilize and improve that certain area of the
City of Miami Beach herein referred to as the 41 st Street Business Improvement District,
through promotion, management, marketing, and other similar services; and
WHEREAS, on April 28, 2023, the Mayor and City Commission adopted
Resolution No. 2023-32566, which called for a special mail ballot election (the "Election"),
to be held from June 5, 2023 to June 27, 2023, to determine whether a majority (50%
plus one) of the affected property owners approve the creation of the District; and
WHEREAS, pursuant to Resolution No. 2023-32566, the Mayor and City
Commission designated Rafael E. Granado, City Clerk; Faroat Andasheva, Senior
Assistant City Attorney; and Rogelio A. Madan, Development & Resiliency Officer,
Planning Department, to serve as the members of the Canvassing Board for the Election;
and
WHEREAS, on June 27, 2023, at 6:00 p.m., the Canvassing Board tabulated and
certified the results of the Election; and
WHEREAS, 34 ballots were cast in favor of the creation of the District, 9 ballots
were cast in opposition to the creation of the District, 1 ballot was rejected as improperly
cast, and 18 ballots were not returned; and
WHEREAS, the Official Election Certification of the Canvassing Board is attached
hereto and incorporated herein as Exhibit "A"; and
WHEREAS, on May 17, 2023, and pursuant to Chapter 170, Florida Statutes, the
City Commission adopted Resolution No. 2023-32601, setting a public hearing on July
26, 2023, at 5:03 p.m., subject to the approval of a majority of the affected property
owners in the Election, at which public hearing the owners of the property to be assessed
or any other interested persons may appear before the City Commission and be heard as
to the propriety and advisability of making such improvements and providing such
serv ices (and funding them with special assessments on property), as to the cost thereof,
as to the manner of payment therefo r, and as to the amount thereof to be assessed
against each property so improved; and
WHEREAS, following the testimony, the Mayor and City Commission shall make
a final decision on whether to levy the special assessments; and
W HEREAS, thereafter, pursuant to Chapter 170, Florida Statutes, the City
Comm ission shall meet as an equalizing board to hear and consider any and all
complaints as to the special assessments and shall adjust and equalize the assessments
on a basis of justice and right.
NOW , THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMM ISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby adopt the Official Election Certification of the Canvassing Board for
the Special Mail Ballot Election held in the City of Miami Beach from June 5, 2023 to June
27, 2023, to determine whether a majority of the affected property owners approve the
creation of a special assessment district to be known as the 41 st Street Business
Improvement District.
PASSED and ADOPTE D this Z_ day or Ju¢
rs, / /8l -·as
Rafa I E. Granado, City Clerk
2023.
Dan Gelber, Mayor
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
6 28-23 -------
Date City Attorney [K
R e s ol uti on s -C 7 C
MIAMI BE A C H
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
Honorable Mayor and Members of the City Commission
Alina T. Hudak, City Manager
June 28,2023
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ADOPTING THE OFFICIAL ELECTION
CERTIFICATION OF THE CANVASSING BOARD FOR THE SPECIAL MAIL
BALLOT ELECTION HELD IN THE CITY OF MIAMI BEACH FROM JUNE 5,
2023 TO JUNE 27, 2023, TO DETERMINE WHETHER A MAJORITY OF THE
AFFECTED PROPERTY OWNERS APPROVE THE CREATION OF A
SPECIAL ASSESSMENT DISTRICT TO BE KNOWN AS THE 41ST STREET
BUSINESS IMPROVEMENT DISTRICT.
--·-·-··-·-----------------
RECOMMENDATION
Adopt the Resolution which is sponsored by Commissioner Steven Meiner.
BACKGROUND/HISTORY
Chapter 170, Florida Statutes, authorizes any municipality, subject to the approval of a majority
of the affected property owners, to levy and collect special assessments against property
benefitted for the purpose of stabilizing and improving retail business districts, wholesale
business districts, or nationally recognized historic districts, or any combination of such districts,
through promotion, management, marketing, and other similar services.
On February 25, 2021, the Mayor's 41st Street Blue Ribbon Committee passed a motion
requesting the City to conduct an educational and informational public webinar to inform the 41 st
Street community about the benefits of creating a business improvement district (BID). On
March 23, 2021, the City Administration in collaboration with the Office of the City Attorney
conducted the town hall webinar.
On October 26, 2022, the Mayor and City Commission adopted Resolution No. 2022-32348
which, in pertinent part, authorized the Offices of the City Manager and City Attorney to work with
a Steering Committee of 41 st Street commercial property owners, for the purpose of
establishing a special assessment district, pursuant to Chapter 170, Florida Statutes, to stabilize
and improve the 41 st Street retail business district, through promotion, management, marketing,
and other similar services.
On March 27, 2023, the Mayor and City Commission adopted Resolution No. 2023-32544,
Page 325 of 1808
wh ich created, purs uant to Chapter 170, Florida Statut es, and subject to the appro val of a
m ajority of th e aff ected property owne rs , a special assessm ent distri ct to be kn own as the 41 st
Street Business Im provem ent Di strict (th e "Di strict"), for a term of ten (10) years , thro ugh
prom otion, m anag em ent, m ark eting, and other sim ilar servi ces.
O n Ap ril 2 8 , 2 0 2 3, th e M a yo r a n d C ity C o m m ission adopted Resolut ion No. 2023-32566, whi ch
called for a special m ail ballot election (the "E lection"), to be held from June 5, 2023 to June 27,
2023, to determ ine wh ether a m ajority (50% plus one) of th e affected property own ers appro ve
th e creation of the Distri ct. Purs uant to Resolut ion No. 2023-32566, th e M ayor and C ity
C om m ission designated Rafae l E. G ra nado, C ity Clerk ; Faroat A nd ashe va, Senior A ssista nt
C ity Attorn ey; and Rogelio A . M adan, Developmen t & Resiliency O fficer, Planning Departm ent,
to serve as the m em bers of th e Canvassing Board fo r the Election.
O n M ay 17, 2023, th e M ayor and City C om m ission adopted R esolut ion No. 2023-32601,
setti ng, subject to the approval of a m ajority of the affected property own ers in the Election, and
pursuant to Chapter 170, Florida Statutes, a public hearing on July 26, 2023, at 5:03 p.m.,
for the owners of the affected property to be assessed, or any other interested persons, to be
heard by the City Commission as to the propriety and advisability of making such improvements
and providing such services (and funding the aforementioned with special assessments on
property), as to the cost thereof, as to the manner of payment therefor, and as to the amount to
be assessed against each affected property so improved.
ANALYSIS
The Canvassing Board, established by the City Commission per Resolution No. 2023-32566,
has been scheduled to convene on June 27, 2023 at 6:00 p.m. to tabulate and certify the results
of the Election.
Attached for consideration by the City Commission is a Resolution adopting the Certification of
the Canvassing Board for the Election. The Certification of Election Results is attached as an
Exhibit to the Resolution.
Pursuant to Chapter 170, Florida Statutes, at the public hearing set for July 26, 2023, at 5:03
p.m., the Mayor and City Commission shall meet as an equalizing board to hear and consider
any and all complaints as to the special assessments and to adjust and equalize the
assessments on a basis of justice and right. Following the testimony, the Mayor and City
Commission will consider a final decision on whether to levy the special assessments.
SUPPORTING SURVEY DATA
As currently proposed in the Year 1 Budget, 'branding and marketing' will receive the largest
funding allocation among categories of BID services. According to the 2022 City of Miami
Beach Community Survey, when asked what type of support would help advance their business,
the highest number of responses-reflecting some 27 .5% of businesses participating in the
survey-selected 'support with business marketing, branding, and social media'.
FINANCIAL INFORMATION
No fiscal impact is anticipated.
CON CLUSION
Page 326 of 1808
A s of the date this m em ora ndum wa s printed, the Election rem ains ongoing, and wi ll concl ude
o n J u n e 2 7 , 2023. The C ity Clerk 's Office wi ll pro vide copies of th e official Election results at
th e J u ne 2 8 , 2 0 2 3 C ity C om m ission m eeting, and wi ll advise wh ether a m ajority of th e affected
pro perty own ers vote in favor of, or in opposition to, the creation of the Distri ct. Furtherm ore, if a
m ajority vote in favor of th e creation of the Di stri ct, any affected pro perty own er and/or any other
concern ed pers on wi ll have th e opportu nity to address the C ity Com m ission, servi ng as the
equalizing board , at the duly noticed public hearing on July 26, 2023, at 5:03 p.m .
W ith affected com m ercial pro perty own ers voting to assess them selves and investing
collectively in servi ces that benefit the distri ct, the 41 Street Business Improvement District
could serve as an economic funding tool and forge a unified voice among 41 st Street
stakeholders in their relationship with the City.
The Administration recommends that the Mayor and City Commission proceed with this step in
the creation of the District by adopting the Resolution to accept the Official Election Certification
of the Canvassing Board.
Applicable Area
Middle Beach
ls this a "Residents Right
to Know" item, pursuant to
City Code Section 2-14?
Yes
Does this item utilize G.O.
Bond Funds?
No
Strategic Connection
Prosperity - Revitalize targeted areas and increase investment.
Legislative Tracking
Economic Development
Spon sor
Commissioner Steven Meiner
ATTACHMENTS;
Description
o Resolution
P age 327 of 1808