Step 12: The Legislative Authorization Process

Once the district plan is finalized, SBS will review the local outreach documentation to confirm that frequent and effective efforts have been made to inform the entire community of merchants, residents and property owners of the BID proposal, and that there is documented support.  Once SBS is assured that the BID proposal has strong support, an Interagency meeting will be scheduled to initiate the formal review process.

The Interagency review consists of a presentation by the sponsoring organization to representatives of City agencies, local Community Board(s) and elected officials.  Those usually attending include the Mayor’s Office, SBS, the City Comptroller’s Office, the Borough President’s Office, the Department of City Planning, the Office of Management and Budget, the City Council representative for the district, Community Board representatives and other City agencies as appropriate.  SBS suggests that the sponsoring organization bring two or three property owners and merchants to participate in the presentation.

The sponsoring organization is asked to explain the BID, describing its purpose and need as well as the rationale for determining boundaries, budget, and assessment methods.  Evidence of the outreach efforts which have been undertaken (mailings, newspaper articles, minutes of meetings, documented support, a copy of the final mailing, etc.) should also be presented.  Detailed questions will be asked and the district plan reviewed.  Frequently, modifications or clarifications to the district plan will be requested.  If appropriate, these modifications and clarifications are made.  Then the district plan can enter the formal approval process.

Role of Sponsoring Organization in Legislative Approval Process

The sponsoring organization and project leader continue to play an important role in the approval process.  In addition to attending and testifying at public hearings, they are responsible for a certified mailing of the official resolution (or summary) which sets the date, time and place for the City Council’s public hearing, fully describes the plan for the proposed BID and describes the objection filing process. The resolution (or summary) must be sent to all property owners and tenants in the proposed BID.  SBS recommends that this information be sent by certified mail.  This is a critical part of the process, required by law.

At public hearings held by the Community Board, City Planning Commission and the City Council, two to three key members of the sponsoring organization provide information verbally in support of the proposed BID, including a description of the purpose and need for the proposed BID, profiles of the commercial district area, problems the BID will address, the proposed boundaries, services and improvements and the expected average assessment of commercial properties.

The project leader testifies and explains the effectiveness and scope of the outreach efforts in detail, and provides evidence of the outreach efforts e.g. mailings, minutes of meetings, media coverage, documented support of door to door visits, and a copy of the final mailing.

In addition individual property and business owners provide information about their unique business experiences, their background and their reasons for support of the proposed BID.