Memorandum of Understanding between CMB & Lincoln Road Business Improvement District, Inc 2024 - 332.31
OCT 1 8 2024
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND
LINCOLN ROAD BUSINESS IMPROVEMENT DISTRICT, INC.
TO CONDUCT A SPECIAL MAIL BALLOT ELECTION
TO APPROVE THE RENEWAL OF THE SPECIAL ASSESSMENT DISTRICT
KNOWN AS THE LINCOLN ROAD BUSINESS IMPROVEMENT DISTRICT
AND TO PROVIDE FUNDING FOR THE CITY'S COSTS ASSOCIATED THEREWITH
This Memorandum of Understanding ("MOU") is hereby entered into this t8' day of
OCT , 2024, by and between the City of Miami Beach, a Florida municipal corporation
with offices at 1700 Convention Center Drive, Miami Beach, Florida 33139 ("City"), and
Lincoln Road Business Improvement District, Inc., a Florida not-for-profit corporation with
offices at 1620 Drexel Avenue, Suite 100, Miami Beach, FL 33139 (the "BID") (altogether,
the "Parties").
RECITALS
WHEREAS, on July 24, 2024, the Mayor and City Commission adopted
Resolution No. 2024-33178, which renewed, pursuant to Chapter 170, Florida Statutes,
and subject to the approval of a majority of the affected property owners, a special
assessment district known as the Lincoln Road Business Improvement District (the
"District"), which is set to expire in 2025, for an additional term of ten (10) years, to
stabilize and improve the Lincoln Road retail business district, through promotion,
management, marketing, and other similar services;
WHEREAS, the District consists of those commercial properties 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 the District: (1) residential properties; (2) any property
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; and
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 the BID 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. CITY'S OBLIGATIONS
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
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
The BID shall pay and/or reimburse the City for all costs necessary to conduct the
Election, including the City's staff costs, as well as the cost of postage, printing, mailing,
supplies, 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 $30,000,
unless otherwise 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.
2
IN WITNESS WHEREOF, the parties have affixed their signatures, effective on the
date first written above.
CITY OF MIAMI BEACH. FLORIDA
ATTEST:
/
By.
U 11 j' C pent I
Rafael > 1 ade Eric T.. Carpenter
-9 City Clerk City Manager
OCT 1 8 2024
-; -a+ Date Date
LINCOLN ROAD BUSINESS IMPROVEMENT DISTRICT, INC.
ATTEST:
By �! /
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/ /S XO� Preside
Print Name c/Tie ,[ eta-
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Date Date
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
l of/ol Le z.4-
ilY Taney Date
3
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 renewal of the proposed Lincoln Road
Business Improvement District (the "District") (altogether, the "Election").
1. Lincoln Road Business Improvement District, Inc. (the"BID"), shall provide the City Clerk with
a Certified List, approved by the BID president and attested to by the BID secretary, of each
benefited property address within the District, and each property owner's mailing address. In
addition, the BID 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 the BID, to
verify the accuracy of the names of the property owners and mailing addresses submitted by
the BID pursuant to Section 1 above.
3. The Office of the City Attorney shall draft the ballot question.
4. Upon the BID'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 the BID. 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 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
1
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 the BID notifies the City in writing that the BID desires
that the Official Ballots be sent via FedEx or any other delivery service, at the BID's expense;
in such event, the BID 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
the BID 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 the BID elects, pursuant to
Section 7, to use a delivery service other than U.S. Mail, the BID 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.
14. The City Clerk shall keep the Executive Director of the BID informed of all election-related
activities, and the Executive Director is responsible for disseminating all information to the
owners of properties within the District.
2
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.
a 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 voters 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.
3
•
RESOLUTION NO. 2024-33231
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 LJNCOLN ROAD BUSINESS
IMPROVEMENT DISTRICT, INC. (THE "BID"),TO CONDUCT A
SPECIAL MAIL BALLOT ELECTION TO DETERMINE
WHETHER A MAJORITY OF THE AFFECTED PROPERTY
OWNERS APPROVE THE RENEWAL OF THE SPECIAL
ASSESSMENT DISTRICT KNOWN AS THE LINCOLN ROAD
BUSINESS IMPROVEMENT DISTRICT, WHICH ELECTION
SHALL BE CONDUCTED BY THE OFFICE OF THE CITY CLERK
AND THE OFFICE OF THE CITY ATTORNEY,AND TO PROVIDE
THAT THE BID SHALL COVER THE COSTS OF CONDUCTING
SUCH ELECTION.
WHEREAS, on July 24, 2024, the Mayor and City Commission adopted Resolution No.
2024-33178, which renewed, pursuant to Chapter 170, Florida Statutes, and subject to the
approval of a majority of the affected property owners, the special assessment district known as
the Lincoln Road Business Improvement District(the"District"), which is set to expire in 2025,for
an additional term of ten (10) years, to stabilize and improve the Lincoln Road retail business
district,which District is generally bounded on the west by Alton Road,on the east by Washington
Avenue,on the north by 17'"Street,and on the south by Lincoln Lane South,through promotion,
management, marketing, and other similar services; and provided for the levy and collection of
special assessments, which shall increase by three(3%)percent annually; 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 Lincoln Road Business Improvement District, Inc.,a Florida not-
for-profit corporation (the "BID"), desire to enter into a Memorandum of Understanding ("MOU"),
attached as Exhibit"A"hereto, pursuant to which the City shall agree to conduct the Election,and
the BID 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, mailing, supplies, 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 Business Improvement
District, Inc. (the "BID"), to conduct a special mail ballot election to determine whether a majority
of the affected property owners approve the renewal of the special assessment district known as
the Lincoln Road Business Improvement District,which election shall be conducted by the Office
of the City Clerk and the Office of the City Attorney, and to provide that the BID shall cover the
costs of conducting such election.PASSED and ADOPTED THIS Il day of CTknee( 2024.
ATTEST:
t1—
SEP 1 7 2024
Steven Meiner, Mayor
Rafael E. Granado, City Clerk
% APPROVED AS TO
tINCORP ORATED i
,gym; FORM&LANGUAGE
.. ... ?.` &FOR EXECUTION
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I Attorney y Do
ie
(Sponsored by Commissioner Steven Meiner and co-sponsored by Vice Mayor Alex Fernandez,
Commissioner Tanya Bhatt, Commissioner Laura Dominguez, Commissioner Joseph Magazine,
and Commissioner Kristen Rosen Gonzalez)
Co-Sponsored by Commissioner David Suarez
Resolutions-C7 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: September 11, 2024
TITLE: 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 BUSINESS
IMPROVEMENT DISTRICT, INC. (THE "BID"), TO CONDUCT A SPECIAL MAIL
BALLOT ELECTION TO DETERMINE WHETHER A MAJORITY OF THE
AFFECTED PROPERTY OWNERS APPROVE THE RENEWAL OF THE SPECIAL
ASSESSMENT DISTRICT KNOWN AS THE LINCOLN ROAD BUSINESS
IMPROVEMENT DISTRICT,WHICH ELECTION SHALL BE CONDUCTED BY THE
OFFICE OF THE CITY CLERK AND THE OFFICE OF THE CITY ATTORNEY,AND
TO PROVIDE THAT THE BID SHALL COVER THE COSTS OF CONDUCTING
SUCH ELECTION.
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 April 15,2015,the Mayor and City Commission adopted Resolution No.2015-28992,creating
the Lincoln Road Business Improvement District("District") for a ten-year period to stabilize and
improve the Lincoln Road retail business district,which is located within a nationally recognized
historic district.
On February 21, 2024, the Mayor and City Commission adopted Resolution No. 2024-32911,
authorizing the Offices of the City Manager and City Attorney to work with the Lincoln Road
Business Improvement District, Inc. (the"BID") on renewing the District, set to expire in 2025,
pursuant to Chapter 170, Florida Statutes.
On July 24, 2024,the Mayor and Commission adopted Resolution No. 2024-33175, renewing the
District, subject to approval by a majority of the affected property owners, for an additional ten
years. Pursuant to Chapter 170, Florida Statutes, the renewal aimed to continue stabilizing and
improving the Lincoln Road retail business district, with services funded by special assessments
starting at$1,570,117 in the first year, increasing by three percent(3%)annually.The Resolution
also provided details on the levy, collection, and publication of these assessments.
The proposed Resolution under consideration calls for a Memorandum of Understanding, which
is addressed further below. The Resolution is sponsored by Mayor Steven Meiner, and co-
Page 304 of 1377
sponsored by Vice Mayor Alex Fernandez and Commissioners Kristen Rosen Gonzalez, Laura
Dominguez, Tanya K. Bhatt, and Joseph Magazine.
A separate Resolution has been placed on the September 11, 2024 City Commission meeting
agenda, calling for a special mail ballot election to be held from November 12, 2024 to December
16, 2024, to determine whether a majority of the affected property owners approve the creation
of the District(the"Election").
ANALYSIS •
The Resolution authorizes the City Manager to execute a Memorandum of Understanding(MOU)
between the City and the BID, attached as Exhibit "A"to the Resolution. The MOU outlines the
agreement for conducting the Election, with the City responsible for administering it according to
the procedures attached to the MOU ("Election Procedures"). The BID agrees to cover all city-
related costs for the Election, including staffing, postage, printing, mailing, supplies, advertising,
and translation, as summarized in the Cost Estimate attached to the MOU.
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 the BID,as outbned in the MOU.
A detailed summary of these costs is included in the Cost Estimate attached to the MOU.
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
It applicable,the Business Impact Estimate(BIE)was published on:
See BIE at: hops://www.miamibeachfl.gov/city-hall/cityclerk/meeting-notices!
FINANCIAL INFORMATION
The Cost Estimate attached to the MOU provides a detailed breakdown of the anticipated
expenses for conducting the Election, including newspaper advertising in English and Spanish,
translation services, ballot printing, stamps,supplies,and approximately 20 hours of labor.These
costs are consistent with those incurred during the special mail ballot election to establish the 41st
Street BID in June 2023, approved by Resolution Nos. 2023-32565 and 2023-32566.
CONCLUSION
The Resolution authorizes a Memorandum of Understanding (MOU)with the Lincoln Road BID
to:
• Conduct a special mail ballot election to determine whether a majority of the affected
property owners approve the renewal of the Lincoln Road Business Improvement District.
- • Require the BID to cover the costs associated with conducting the electron.
On behalf of its membership, the Lincoln Road BID has requested that the City Commission
provide property owners with the opportunity to decide whether to continue assessing themselves.
If a majority votes in favor of the renewal of the District, concerned property owners and/or
members of the public will have the opportunity to address the City Commission at a duly noticed
public hearing.
Page 305 of 1377
Since its formation, the District has successfully unified Lincon Road stakeholders and provided
funding for services that enhance this prominent commercial district. For these reasons, the
Administration supports the renewal of the District and recommends the adoption of the
Resolution as outlined above.
Applicable Area
South Beach
a 'Residents Right to Know" item Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? I Project?
Yes No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481
includes a principal engaged in lobbying? Yes
If so,specify the name of lobbyist(s)and principal(s):
Lincoln Road Business Improvement District, Anabel Uopis, Executive Director
Department
Economic Development
Sponsor(s1
Mayor Steven Meiner
Co-sponsors)
Vice Mayor Alex Fernandez
Commissioner Kristen Rosen Gonzalez
Commissioner Laura Dominguez
Commissioner Tanya K. Elliott
Commissioner Joseph Magazine
Con nsed Title
Execute MOU w/LRBID, Conduct Special Mail Ballot Election. (SM(AF(KRG/LDlTBIJM)ED
Page 306 of 1377
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 renewal of the proposed Lincoln Road
Business Improvement District (the"District") (altogether,the "Election").
1. Lincoln Road Business Improvement District, Inc. (the"BID"), shall provide the City Clerk with
a Certified List, approved by the BID president and attested to by the BID secretary, of each
benefited property address within the District, and each property owner's mailing address. In
addition, the BID 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 the BID, to
verify the accuracy of the names of the property owners and mailing addresses submitted by
the BID pursuant to Section 1 above.
3. The Office of the City Attorney shall draft the ballot question.
4. Upon the BID'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 the BID. This envelope shall contain(i)the Official Ballot, (ii)a
form affidavit affirming the voters 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
labelprinted with the folio number,name of 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
1
Page 312 of 1377
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 Cleric
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 the BID notifies the City in writing that the BID desires
that the Official Ballots be sent via FedEx or any other delivery service, at the BID's expense;
in such event, the BID 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
the BID 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.
B. 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 (10'1)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 the BID elects, pursuant to
Section 7, to use a delivery service other than U.S.Mail,the BID 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. Faroaf Andasheva, Senior Assistant City Attorney
c. Rogelio A.Madan, Development 8 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.
14.The City Clerk shall keep the Executive Director of the BID informed of all election-related
activities, and the Executive Director is responsible for disseminating all information to the
owners of properties within the District.
2
Page 313 of 1377
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, unretumed ballots,
and rejected ballots.
f. The Canvassing Board will review any ballot lacking a dear ballot response to determine,
if possible,the voter's intent.TheCanvassing 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.
3
Page 314 of 1377
Exhibit
Lincoln Road Business Improvement District
2024 Special Election
With First-Class Mail Cost Estimate
lirdieMiamiWi aikfti s•-,,t, • t 'Pale `---.Ho. • ; -":Cast:F':?=:_TiOTr'A_L _
Notice of Special Election Ads & Canvassing Board half 6 $515 $3,090.00
Resolution Calling for a Special Election full 1 $825 $825.00
Sample Ballot half 1 $515 $515.00
Notice of Public hearir -Final Assessment Roll full 2 $825 $1,650.00
..., �.. _.7 r � t
iKtie iAtHeralii `:i,, 4, r,,, '�';:r. _� PrO: R-,Nor `Cbst,, i -. _
Aviso de Eleccion Especial y Junta de Escrutinio , quarter i 6 $1,500 $9,000.00
Muestra de Boleta quarter 1 $1,500 $1,500.00
Translating to Spanish services
(If needed,we will charge the actual cost.)
Replacement ballots, affidavits
(If needed,we will charge the actual cost.)
Ballots 5 x 7 in color 71 $0.12 $8.52
Ballot Instructions 5 x 7 in white 71 $0.12 $8.52
Affidavits 71 L $0.12 $8.52
Final Assessment Mailer-3 pages 213 1 $0.07 $14.91,
,Stsanps
Replacement ballot stamps
(If needed, we will charge the actual cost.)
Stamps - Envelope No. 1 First-Class -See Note 1 71 N/A N/A
Stamps - Envelope No. 2 First-Class -See Note 1 71 N/A N/A
Stamps(Final Assessment Roll)First-Class 71 $1.77 $125.67
Supplies .. . ..
White flat envelopes 7 x 10 1 box j 1 $18.99 $18-99
Brown envelopes 9 x 12 1 box 1 $20.49 $20.49
Yellow envelopes 6 x 9 1 box 1 $12.99 $12.991
#10 envelopes regular City of Miami Beach 71 $0.13 $9.23
Labels-5161 Avery 1 Box 1 $26.31 $26.31
.-
Labels -6878 Avery 2 Boxes _ 2 $10.64 $21.28
Paper for Ballots- Card Stock Box 1 $10.30 $10.30
Paper for Ballot Instructions,Affidavit,and Final 2 $4.00 $8.00
Assessments 2 Box
Labor 1
20 hours @$46.93 per hour 20 $46.93 $938.60
Miscellaneous costs $500.00 $500.00
"G0411)`7.OTrq ESTlice# ::COST0 0':, 'Y .y " ' ,:� .• « 4'..tili 2.3
Note: The BID has informed the City that they will be using FedEx (or another courier service)to mail and
return the ballots.
Page 315 of 1377
r
Economic Development
DATE: T October 11, 2024
TO: Eric C. Car enter, Cit Mana er
FROM: Heather Shaw, Economic Development
Assistant Director
SUBJECT: Lincoln Road BID Election MOU
Routing: i
x I Rickelle William Cit Managers Off e
x Eric Carpenter City Manager's Office
x Rafael Granada Office of the City Clerk
For:
Information Only
X ' Review and approval
X City Manager's Signature
Other
Comments:
On September 11, 2024, the Mayor and City Commission
adopted Resolution No. 2024-33231, approving and
authorizing the City Manager to execute a Memorandum of
Understanding between the City and the Lincoln Road BID,
to conduct a mail ballot election from November 12, 2024
to December 16, 2024, to determine whether a majority of
affected property owners approve the renewal of the
district.
The MOU, enclosed for review and execution by the City
Manager, provides that the election shall be conducted by
the Offices of the City Clerk and City Attorney, and the BID
shall cover all costs of conducting the election. Thank you.
Return to:
Justin x 22548