Loading...
Resolution 2025-33456RESOLUTION NO. 2025-33456 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, (1) ADOPTING THE OFFICIAL ELECTION CERTIFICATION OF THE CANVASSING BOARD FOR THE SPECIAL MAIL BALLOT ELECTION HELD IN THE CITY OF MIAMI BEACH FROM NOVEMBER 12, 2024 TO DECEMBER 16, 2024, 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; AND (2) SETTING A PUBLIC HEARING ON APRIL 23, 2025 AT 2:30 P.M. FOR THE OWNERS OF THE 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 THEM 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 PROPERTY SO IMPROVED, FOLLOWING WHICH THE 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. WHEREAS, on July 24, 2024, the Mayor and City Commission adopted Resolution No. 2024-33178, renewing, pursuant to Chapter 170, Florida Statutes, and subject to approval by 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 —generally 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 —through promotion, management, marketing, and other similar services; and providing for the levy and collection of special assessments, which shall increase by three (3%) percent annually; and WHEREAS, on September 11, 2024, the Mayor and City Commission adopted Resolution No. 2024-33230, calling for a special mail ballot election (the "Election") to be held from November 12, 2024, to December 16, 2024, to determine whether a majority of affected property owners (50% plus one) approve the creation of the District; and WHEREAS, pursuant to Resolution No. 2024-33230, 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 Canvassing Board for the Election; and WHEREAS, on December 16, 2024, at 6:30 p.m., the Canvassing Board tabulated and certified the Election, with 65 ballots cast in favor of creating the District, no ballots cast in opposition, five (5) ballots not returned, and one (1) ballot returned blank (undervote); and WHEREAS, the Official Election Certification of the Canvassing Board is attached hereto and incorporated herein as. Exhibit "A"; and WHEREAS, pursuant to Chapter 170, Florida Statutes, the City must fix a time and place for affected property owners or other interested persons to appear before the City Commission to be heard regarding the propriety and advisability of implementing the proposed improvements and services (funded through special assessments on property), as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property; and WHEREAS, following public testimony, the Mayor and City Commission shall make a final determination on whether to levy the special assessments; and WHEREAS, thereafter, pursuant to Chapter 170, Florida Statutes, the City Commission shall convene as an equalizing board to hear and consider any complaints regarding the special assessments and shall adjust and equalize the assessments on a basis of justice and right. NOW, THEREFORE, THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby (1) adopt the Official Election Certification of the Canvassing Board for the Special Mail Ballot Election held in the City of Miami Beach from November 12, 2024 to December 16, 2024, 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; and (2) set a public hearing on April 23, 2025 at 2:30 p.m. for the owners of the 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 them 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 property so improved, following which the 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. PASSED and ADOPTED THIS -3 day of Februar 2025. ATTEST: 7 0 (4r��� Steven Meiner, Mayor Rafael E. Granado, City Clerk APPROVED AS TO FORM AND LANGUAGE I![�9,PCj0?.ai'rD = & FOR EXECUTION i Gam., .•� :��'�: A "�Rr r_w City Attorney Date (Sponsored by Commissioner Steven Meiner and co -sponsored by Vice Mayor Tanya Bhatt, Commissioner Laura Dominguez, Commissioner Alex Fernandez, Commissioner Joseph Magazine, Commissioner Kristen Rosen Gonzalez, and Commissioner David Suarez) Resolutions - C7 C MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Eric Carpenter, City Manager DATE: February 3, 2025 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, (1) ADOPTING THE OFFICIAL ELECTION CERTIFICATION OF THE CANVASSING BOARD FOR THE SPECIAL MAIL BALLOT ELECTION HELD IN THE CITY OF MIAMI BEACH FROM NOVEMBER 12, 2024 TO DECEMBER 16, 2024, 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; AND (2) SETTING A PUBLIC HEARING ON APRIL 23, 2025 AT 2:30 P.M. FOR THE OWNERS OF THE 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 THEM 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 PROPERTY SO IMPROVED, FOLLOWING WHICH THE 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. RECOMMENDATION The Administration recommends that the Mayor and City Commission adopt the Resolution. BACKGROUND/HISTORY Pursuant to Chapter 170, Florida Statutes, municipalities may, subject to approval by a majority of the affected property owners, levy and collect special assessments on benefitted properties for stabilizing and improving retail business districts, wholesale business districts, or nationally recognized historic districts, through promotion, management, marketing, and other similar services. These efforts enhance the economic vitality of retail and commercial corridors while ensuring an organized and sustainable approach to district -wide services. Lincoln Road Business Improvement District Establishment and Renewal Efforts 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 (10)-year period to stabilize and improve the Lincoln Road retail business district, which is situated within a nationally recognized historic district. As the District approached expiration, the Mayor and City Commission, on February 21, 2024, adopted Resolution No. 2024-32911, directing the Offices of the City Manager and City Attorney to work with representatives of the Lincoln Road Business Improvement District, Inc. ("BID") to facilitate the renewal of the District, set to expire in 2025, in accordance with Chapter 170, Florida Statutes. Page 606 of 1859 On July 24, 2024, the Mayor and Commission adopted Resolution No. 2024-33178, conditionally renewing the District for an additional ten (10) years, subject to approval by a majority of the affected property owners. Pursuant to Chapter 170, Florida Statutes, the renewal would continue stabilizing and improving the Lincoln Road retail business district, funded by special assessments starting at $1,570,117 in the first year, increasing annually by three percent (3%)_ The Resolution also provided details on the levy, collection, and publication of these assessments. On September 11, 2024, the Mayor and City Commission adopted Resolution No. 2024-33230, calling for a special mail ballot election (the "Election") to be held from November 12, 2024 to December 16, 2024, to determine whether a majority of the affected property owners (50% plus one (1)) approve the creation of the District. The Mayor and City Commission designated a Canvassing Board for the Election, comprising of: • Rafael E. Granado, City Clerk; • Faroat Andasheva, Senior Assistant City Attorney; and • Rogelio A. Madan, Development & Resiliency Officer, Planning Department. ANALYSIS Certification of Election Results On December 16, 2024, the Canvassing Board convened to tabulate and certify the results of the special mail ballot election. That same day, Letter to Commission (LTC) No. 594-2024 was issued, informing the Mayor and City Commission of the Official Election Certification confirming that a majority of affected property owners had voted in favor of renewing the BID. A Resolution adopting the Official Election Certification is attached for consideration, with the Certification of Election Results included as an exhibit. Notice of Public Hearing In accordance with Chapter 170, Florida Statutes, the attached Resolution also sets a public hearing for April 23, 2025, at 2:30 p.m. At this hearing, owners of the property to be assessed and other interested persons will have the opportunity to comment on BID renewal and be heard by the City Commission as to: • The propriety and advisability of providing services funded by special assessments; • The cost of the services and the proposed method of payment; and • The assessment amount allocated to each affected property. Following public testimony, pursuant to Chapter 170, Florida Statutes, the City Commission will convene as an Equalizing Board to review and adjust the special assessments as necessary, ensuring fairness and equity among property owners before the final assessment roll is approved. FISCAL IMPACT STATEMENT The City anticipates no fiscal impact associated with BID renewal. The full cost of administering the Election —approximately $6,587.33—is reimbursed by the BID in accordance with the Election Memorandum of Understanding (Election MOU) authorized by Resolution No. 2024-33230. The renewal of the BID will continue to generate self-sustaining revenue through special assessments paid by the property owners, supporting BID -funded services and initiatives independent of City financial resources. Page 607 of 1859 Since all election -related expenses are fully reimbursed by the BID, the City incurs no financial burden. Further, the continuation of the BID will ensure that important services such as marketing, programming, and activations remain funded through special assessments, promoting Lincoln Road's long-term vitality. 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.nov/city-hall/city-clerk/meeting-notices/ FINANCIAL INFORMATION Click or tap here to enter text. CONCLUSION With affected commercial property owners having voted to assess themselves and invest collectively in continued support of services that benefit the District, the Lincoln Road Business Improvement District remains a critical economic development tool. The BID fosters collaborative investment in valuable services and business district enhancements, while providing stakeholders with a unified voice in their engagement with the City. The Administration recommends that the Mayor and City Commission proceed with the next step in the BID renewal process by adopting the Resolution accepting the Official Election Certification and setting the public hearing for April 23, 2025, at 2:30 p.m. Applicable Area South Beach Is this a "Residents Right to Know" item, pursuant to City Code Section 2-17? Yes Is this item related to a G.O. Bond Proiect? 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): IMPROVEMENT DISTRICT, ANABEL LLOPIS Department Economic Development Sponsor(s) Mayor Steven Meiner Co-sponsors) LINCOLN ROAD BUSINESS Page 608 of 1859 Commissioner Tanya K. Bhatt Commissioner Laura Dominguez Commissioner Kristen Rosen Gonzalez Commissioner Alex Fernandez Commissioner Joseph Magazine Condensed Title Set PH/Adopt Special Mail Ballot Election Results, LRBID Special Assessment. (SM/TB//LD/KRG/AF/JM) ED Previous Action (For City Clerk Use Only) Page 609 of 1859 MIAMI BEACH SPECIAL MAIL BALLOT ELECTION HELD IN THE CITY OF MIAMI BEACH FROM NOVEMBER 12, 2024 TO DECEMBER 16, 2024, TO DETERMINE WHETHER A MAJORITY OF THE AFFECTED PROPERTY OWNERS APPROVE THE RENEWAL OF A SPECIAL ASSESSMENT DISTRICT TO BE KNOWN AS THE LINCOLN ROAD BUSINESS IMPROVEMENT DISTRICT **OFFICIAL ELECTION CERTIFICATION OF THE CANVASSING BOARD" STATE OF FLORIDA COUNTY OF MIAMI-DADE We, the undersigned, Rafael E. Granado, City Clerk; Faroat Andasheva, Senior Assistant City Attorney; and Rogelio A. Madan, Development & Resiliency Officer, Planning Department, constituting the Canvassing Board for the Special Mail Ballot Election to approve the renewal of the Lincoln Road Business Improvement District, do hereby certify that we met on the 161' day of December 2024, and proceeded to publicly count the votes cast. We do hereby certify the results as follows: Shall Lincoln Road Business Improvement District be renewed for an additional 10-year term, with estimated annual budget of $1,570,117, to stabilize and improve commercial properties between Alton Road on the west, Washington Avenue on the east, 171h Street on the north, and Lincoln Lane South on the south, through promotion, management, marketing, and other similar services, which District shall be funded by special assessments against benefited properties, with assessments increasing 3% annually? 65 YES VOTES 0 NO VOTES 5 UNRETURNED BALLOTS 1 UNDERVOTE (BLANK) CANVASSING BOARD r4--fit.—or Z Rafael E. Granado City Clerk il� 1 ) - �b - � Li Faroat Andasheva Sen.ir Assistant City Attorney Rogelio A. Madan Development & Resiliency Officer Planning Department Date: December 16, 2024 F:\CLER\CLER\000_ELECTION\00000 2024 Lincoln Road BID\CANVASSING BOARD\LRBID CERTIFICATION OF THE CANVASSING BOARD.docx Page 610 of 1859 t V 1! '\\ /\A I BEACH OFFICE OF THE CITY CLERK LTC No. 549-2024 LETTER TO COMMISSION TO: Mayor Steven Meiner and Members of the City Commission FROM: Rafael E. Granado, City Clerk DATE: December 16, 2024 144( SUBJECT: Official Election Certification of the Canvassing Board - Renewal of a Special Assessment District to be known as the Lincoln Road Business Improvement District. Attached please find the Official Election Certification of the Canvassing Board for the Special Mail Ballot Election held in the City of Miami Beach, from November 12, 2024 to December 16, 2024, to determine whether a majority of the affected property owners approve of the renewal of a special assessment district to be known as the Lincoln Road Business Improvement District. Question. - Shall Lincoln Road Business Improvement District be renewed for an additional 10- year term, with estimated annual budget of $1,570,117, to stabilize and improve commercial properties between Alton Road on the west, Washington Avenue on the east, 17"' Street on the north, and Lincoln Lane South on the south, through promotion, management, marketing, and other similar services, which District shall be funded by special assessments against benefited properties, with assessments increasing 3% annually? 65 YES VOTES NO VOTES 5 UNRETURNED BALLOTS UNDERVOTE (BLANK) The number of benefitted properties within the proposed District is 71. A "yes" vote of the owners of a simple majority (37 votes) of the affected properties is required to approve the renewal of the proposed District. A property owner who failed to return an Official Ballot to the Office of the City Clerk within the allotted timeframe was considered to have voted ,.no" to the renewal of the District. As a result, the renewal of the District has been approved. A Resolution requesting the City Commission to adopt the Official Election Certificate of the Canvassing Board will be included during the February 3, 2024 City Commission Meeting. If you have any questions, please contact me at 305.673.7411. FICLEMCLER.000_ELECTION40000 2024 Lincoln Road RIDICANVASSING BOAROkiRRID LTC CERTIFICATION OF THE CANVASSING BOARD.docx Page 611 of 1859 i\,i' ! ,-, N/'1 B E AC H SPECIAL MAIL BALLOT ELECTION HELD IN THE CITY OF MIAMI BEACH FROM NOVEMBER 12, 2024 TO DECEMBER 16, 2024, TO DETERMINE WHETHER A MAJORITY OF THE AFFECTED PROPERTY OWNERS APPROVE THE RENEWAL OF A SPECIAL ASSESSMENT DISTRICT TO BE KNOWN AS THE LINCOLN ROAD BUSINESS IMPROVEMENT DISTRICT "OFFICIAL ELECTION CERTIFICATION OF THE CANVASSING BOARD** STATE OF FLORIDA COUNTY OF MIAMI-DADE We, the undersigned, Rafael E. Granado, City Clerk; Faroat Andasheva, Senior Assistant City Attorney; and Rogelio A. Madan, Development & Resiliency Officer, Planning Department, constituting the Canvassing Board for the Special Mail Ballot Election to approve the renewal of the Lincoln Road Business Improvement District, do hereby certify that we met on the 16`h day of December 2024, and proceeded to publicly count the votes cast. We do hereby certify the results as follows: Shall Lincoln Road Business Improvement District be renewed for an additional 10-year term, with estimated annual budget of $1,570,117, to stabilize and improve commercial properties between Alton Road on the west, Washington Avenue on the east, 171h Street on the north, and Lincoln Lane South on the south, through promotion, management, marketing, and other similar services, which District shall be funded by special assessments against benefited properties, with assessments increasing 3% annually? 65 YES VOTES 0 NO VOTES 5 UNRETURNED BALLOTS 1 UNDERVOTE (BLANK) CANVASSING BOARD I`L-- t t% -Z-f Rafael E. Granado City Clerk c-&t'A k6 - � 4 Faroat Andasheva Se ' r Assistant City Attorney 4�012-I6-2Y Rogelio A. Madan Development & Resiliency Officer Planning Department Date: December 16, 2024 F:\CLER\CLER?D00 �-::LECTION\00000 2024 Lincoln Road BID\CANVASSING BOARD\LRBID CERTIFICATION OF THE CANVASSING BOARD.docx Page 612 of 1859