Part IV - Review of 06-11-2024 Council Meeting
Item 10 C:
Recommendation:
It is recommended that the Town Council authorize the Town Manager to award a contract to TAW Power Systems, Inc. dba Integrated Power Services (“IPS”), the lowest responsive and responsible bidder, for the Generator Automated Transfer Switch (ATS) replacement in an amount not to exceed Seventeen Thousand Five Hundred and Two Dollars and 72/100 ($17,502.72). This replacement will be funded by the infrastructure sinking fund.
Project Scope:
The work consists of supplying and installing a new Automated Transfer Switch (ATS) and controller that are compatible with the existing Government Center generator (Caterpillar model C9, 250 KW - standby generator). To include testing and commissioning of the new equipment, and provision of training on the proper use and maintenance of the new equipment.
Background:
During the current fiscal year, the Government Center’s emergency generator ATS unexpectedly failed and waspermanently damaged. The generator itself continues to operate and can power the facility as designed but requires the building to be manually transferred from grid power to generator power.
The Town’s General Services Team mobilized a contractor to repair the ATS. During the assessment and initial repair efforts it was identified that repair costs would exceed the allowed procurement threshold.
The Town issued an Invitation to Bid (“ITB”) 2024-18 for Generator Automated Transfer Switch (ATS). The ITB was advertised/posted to DemandStar and Public Purchase.
To qualify for award, prospective Bidders were required to:
On the date of the bid opening, May 22, 2024, we received three (3) bids from the following Bidders:
Procurement performed a due diligence review of the bids for responsiveness and found that TAW Power Systems, Inc. dba Integrated Power Services (“IPS”)’s bid did not reveal any material defects in the bid, nor in its qualifications. TAW Power Systems, Inc. has been in business for 43 years, is licensed to do the work, and provides references for projects of a similar size, scope, and complexity. Procurement did not find any issues that would indicate TAW Power Systems, Inc. was incapable of performing the Work.
Based on our review of the bid submittals, we have determined that TAW Power Systems, Inc. is the lowest responsive and responsible bidder, and their bid prices are fair and reasonable. As such, it is recommended that the Town Council authorize the Town Manager to award a contract in an amount not to exceed Seventeen Thousand Five Hundred and Two Dollars and 72/100 ($17,502.72) to TAW Power Systems, Inc. In addition, it is recommended that the Town Council authorize the Town Manager to transfer funds from the contingency reserve line item to fund the replacement ATS at government center as shown in exhibit B.
Resolution:
Invitation to Bid: Generator Automated Transfer Switch -ATS- Internal System ITB No. 2024-18
Exhibit B: Sinking Fund Transfer Switch
Q: Councilman Luis Collazo asks where are the funds for this item coming from?
A generator was installed in 2016, filed, and it powers Town Hall / Motion to approve, misfunding it, it may not be there when the Town really needs it.
Calculation is very complex, comprehensive list of assets, replacement value, calculation requires update when changes occur. The number that made sense years ago, no longer works, therefore the Town Manager wants to meet with all Council members. @ 03:21:11 Motion / Seconded by Bryan Morera / Vice Mayor Fernandez, what is the timeframe? Work done by... Public Works Director Omar Santos comes to the podium
@ 03:21:41: The manufacturer will determine the timeframe, is there a manual switch: Yes. Staff members have been trained as to how to work the generator. Transfer from regular to back up failed.
Item 10 F:
Recommendation
It is requested that the Town Council authorize the Town Manager to increase contract 2021-06 Right-of-Way Consultant Services HDR Engineering, Inc. (HDR) by Three-Hundred Twenty Thousand Dollars ($320,000.00) to cover additional relocation assistance expenses encountered during the relocation assistance process for the 5951 NW 151 ST building.
Background
The Town required the services of a qualified and experienced firm to provide right-of-way consultant and related services for the property located at 5951 NW 151st Street, Miami Lakes, Fl. The Services may consist of, but not be limited to, acquisition services, business damage analysis, business damage claims negotiations, relocation assistance, relocation assistance review, property management administration, preparation of suit information and lawsuit packages. Services shall be in accordance with Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as amended, and Ruel 14-66.007, and Chapter 14-75 of the Florida Administrative Code, and the Florida Department of Transportation (“FDOT”) Right of Way Procedure Manual, and other applicable laws and regulations.
The Town issued Request for Qualifications (“RFQ”) 2021-06 for Right-of-Way Consultant Services on October 23, 2020.
On the date of the proposal deadline, November 20, 2020, we received two (2) proposals from HDR Engineering, Inc, and The Urban Group, Inc. The proposals were evaluated by an evaluation committee made up of Town staff and FDOT staff on December 18, 2020 and resulted in the recommendation to award a contract to HDR.
During the initial scope preparation, the project team identified a total of seventeen units eligible for relocation assistance benefits. The original contract value of $227,500 was prepared using this amount of identified units.
On January 12, 2021 the Town Council approved Resolution 21-1713 approving the award of contract for right- of-way consulting services to HDR.
During the initial stages of the eminent domain process, a re-appraisal of the 5951 N.W. 151 Street real property revealed that a second floor with additional units had been unaccounted for. In 2024, after the conclusion of the eminent domain, it was discovered that additional tenants had left during the pendency of the eminent domain process that were owed federal relocation benefits. These un-accounted units totaled 25 units. Due to these additional units the Business Displacement and Move Estimates contract items increased by a total of $320,000, see attached exhibit for breakdown. The possibility of this increase had been addressed early on in the budgeting process and was accounted for.
This request is for the purpose of completing the administrative prosses of the contract modification. This item will be funded through existing project grants and Town funds.
Based on this it is requested that the Town Council authorize the Town Manager to increase contract 2021-06 Right-of-Way Consultant Services by $320,000.
Exhibit:
@ 03:23:21 Town of Miami Lakes Mayor says he will be voting NO on this item eventhough he knows everyone will vote yes. Certain appraisers that calculated the numbers, more than double the number of tenants in that building, we have known this was coming says the Town Manager, this is an upgrade of the contract
Many have been relocated, 90 day letters have been distributed, to move forward with this project. YES: Collazo, Dieguez, Morera, Ruano
NO: Garcia, Vice Mayor Fernandez, Mayor Cid
@ 03:26:11 Consent Calendar Moved
Ordinances in 2nd Reading - Public Hearing. Town Manager reminds the Mayor that Item 11 C, has yet to be heard:
Recommendation
It is recommended that the Town Council approve the non-ad valorem special roll, listed in Exhibit A and the proposed FY 2024-25 assessment rates for the active security guard and multipurpose maintenance areas listed in Exhibit B. Non-ad-valorem assessments for Neighborhood Service Districts (“NSD”) represent a cost-share assigned to a group of properties to pay all or part of the cost associated with a specific public service or improvement primarily benefiting those properties. All lots and parcels within the districts are unique due to their geographical boundaries, affected property owners, and levels of service.
The attached Ordinance relates to the rates for each NSD. The Town of Miami Lakes (“Town”) has determined that the services provided by these NSDs will offer special benefits to properties within each district not exceeding amounts of special assessments to be levied. Therefore, it is hereby recommended that the proposed rates being assessed in Exhibit B be approved and adopted. The final assessments will have to be approved prior to September 16, 2024.
Background
In 2014, residents who were living within the six (6) NSDs in the Town expressed interest in transferring these services from Miami-Dade County with the goal of receiving services provided directly by the Town. The Town Council approved the request to transfer the six (6) NSDs by Ordinance on September 5, 2017, and subsequently, on January 21, 2018, a vote was conducted via mail-in ballot sent to those within the district boundaries. All six (6) districts received a majority vote ratifying the transfer to the Town effective October 1, 2018.
After the transfer, the Town began identifying contracts that could be piggybacked and services that could be provided by current Town contractors to prevent gaps in services. The Town executed change orders with current Town vendors for janitorial and landscape maintenance for four (4) NSDs as these services were being provided “in-house” by Miami-Dade County. Furthermore, the Town piggybacked a lake maintenance services contract issued by Miami-Dade County that was issued in 2017 due to the competitive rates that were negotiated with the two (2) lake maintenance NSDs.
In April 2019, the Town began meeting with each district to review current and proposed budgets for the following fiscal year along with obtaining recommendations for levels of service. This has since become the practice for checking whether each NSD is on the right track or wrong track along with accounting for any future projects or enhancements.
Since 2019, the Town has procured two (2) security services vendors, one (1) lake maintenance provider, completed a guard house beautification project (to include LED lighting and landscaping), installed new guard gate systems to all security districts, installed license plate readers (“LPR”) at three of the four security districts, upgraded one (1) guard house’s access control system, and most recently completed guardhouse renovations that enhanced both the interior and exterior of four guard houses.
Beginning in May of 2024, the Town began meeting with its NSDs to discuss level of service and proposed budgets for FY 2024-25.
The specific relevant information for each of the districts is outlined below:
Loch Lomond – Guard Gate District
On September 26th 2023, the Town Council passed a motion 6-0 terminating guard gate services with Kent Security Services for Loch Lomond NSD.
On November 5th, 2023, SFM began providing security services to Loch Lomond under the Miami Lakes Section One NSD Security Services contract as amended to include their district. Under this amended contract, the NSD would see an increase to the hourly rate for security services from $20.50 with Kent Security Services to $22.10 with SFM Security Services. This change resulted in a $20,183 increase for FY23-24.
On May 29th, 2024, the advisory board met to review and discuss their proposed budget for FY24-25. The hourly rate for security services increased by 6% from $22.10 to $23.43 after Miami Lakes Section One NSD Advisory Board approved the rate increase for their contract. Additionally, because of the change of security services from Kent to SFM and the increase in hourly rate for security services, the proposed annual assessment rate would increase from $2,489.80 to $2,669.00. This increase would cover the increase of $51,234 from the current year created by the adopted increase in security service cost and the replenishment of the contingency reserve. With four (4) board members in attendance the budget was moved unanimously as provided by staff.
The current proposed budget increases the assessment rate to $2,669.00 which includes a decrease in the contingency reserve from 10% to 5%.
Royal Oaks East & Section One – Guard Gate District
On May 29th, 2024, the advisory board met to review and discuss their proposed budget for FY24-25. The board approved an increase in the hourly rate of security services by 6% from $19.17 to $20.32 for both Royal Oaks East & Section One NSD’s. With seven (7) board members in attendance the budget was moved unanimously as provided by staff with an increase in the assessment rate of Royal Oaks Section One by $9.93 and a decrease in the assessment rate for Royal Oaks East by $9.00.
The current proposed budget assumes an increased assessment rate of $756.00 for Royal Oaks Section One with 5% in their contingency reserve, and a reduced assessment rate of $825.89 for Royal Oaks East with 7% in their contingency reserve.
Miami Lakes Section One – Guard Gate District
On May 22nd, 2024, the advisory board met to review and discuss their proposed budget for FY24-25. The boardapproved SFM’s request to increase the hourly rate for security services by 6% from $22.10 to $23.43. With four (4) board members in attendance the budget was moved unanimously as provided by staff.
The current proposed budget is to reduce the assessment rate by $8.00 to $340.98 while keeping to the 7% in their contingency reserve.
[The Agenda for the Council was incorrect. Besides the dates not being correct (both budget dates were for 2023-2024). Also, the agenda incorrectly stated that the assessments were decreased by $8 from $348.98 to $340.98.? Last year's assessment was $340.98. It is challenging to review this because of the errors.]
Section 1 Property Owners: To be discussed at the Lake Glenn Ellen meeting of 06-18-2024:
Below is a summary of Lake Glenn Ellen homeowners' 2023-2024 financial obligations for our HOA and the Section 1 Guard Gate Special District.
All homeowners in Lake Glenn Ellen just paid their annual HOA assessment of $275, which covers the maintenance of our lake and perimeter wall.
Due in November, the non-ad valorem taxes for the Section 1 Guard Gate Special Taxing District year are $340.98, the same as last year's.
Last year's rate included funding for a speed bump in the visitors' lane (which has not yet been installed) and a 10% reserve for emergencies.
This year, there are no additionally imposed capital improvements, and the reserves have been reduced to 7%. However, the tax assessment remains unchanged, due to a salary increase for the guards, after the Section 1 advisory board granted 6% raises, from $22.10 to $23.43 per hour.
This Special Taxing District Guard Gate Section One non-ad valorem tax is in addition to the Miami-Dade Property Taxes.
One of the significant decisions made by the Section 1 advisory board was to not proceed with a new security procedure.
This procedure would have required guards to request identification and intended location from drivers in the visitors' lane.
Additionally, there is a proposal under consideration for calculating the cost of installing pavers at the guard gate entrances.
This may affect your taxes for next year as all the services and capital improvements added by the Town to the Section 1 guard gate are paid for solely by the homeowners of the Special Taxing District.
Lake Hilda & Lake Patricia
On May 30th, 2024, the advisory board met to review and discuss their proposed budget for FY24-25. With four (4) board members in attendance the budget was moved unanimously as provided by staff with no changes to their rates or operations.
The current proposed budget is to maintain the same assessment rate of $231.46 for Lake Patricia and $157.92 for Lake Hilda.
Evaluation
The Town was able to meet with all districts to discuss the status of the services provided while also planning and finalizing budgets for the coming fiscal year. One of the two proposed increases to assessment rates pertains to Loch Lomond changing their vendor of security services. The other relates to Royal Oaks Section One needing to increase assessments to fund the increase in the security guard services contract. Other than that, the remaining districts will maintain their current assessment rates or see a reduction.
Preliminary Assessments
The fiscal impact is only for those homeowners within the boundaries of the NSDs.
These funds will accrue from the special assessments paid by the property owners of folios within the active NSDs. A summary table with the budgets for each district and the rate is provided below.
Timeline:
Per Florida Statute, changes to the folio and rates can be made before September 16, 2024. The final rate will appear on the tax bill. It should be noted that only reductions to the unit count can be made after October 1, 2024.
Ordinance in First Reading:
Councilman Joshua Dieguez asks for Parks & Recreation Director Jeremy Bajdaun to further explains as to the decisions made by the Advisory Boards:
03:29:06: Councilman Dieguez mentions the email received from Mr. Boris Foster
03:29:05 Jeremy Bajdaun asked by Councilman Dieguez: 'Have you received it?'
His reply: I did not see that!
An Email Sent by Hope Reynolds:
---------- Forwarded message ---------
From: Hope Reynolds
领英推荐
Date: Mon, Jun 17, 2024 at 12:38?PM
Subject: 06-11-2024 Council Meeting @ 03:29:10 on the dial
To: Jeremy Bajdaun <[email protected]>,
Councilman Joshua DIEGUEZ <[email protected]>
Cc: Town Manager Edward Pidermann <[email protected]>,
Boris Foster <[email protected]>
Parks & Recreation Manager, Bajdaun,
Jeremy:
During the June 11th, 2024 Council Meeting you were asked by Councilman Joshua Dieguez if you had seen the email distributed by Attorney at Law Boris Foster, former Chair of the Special Taxing District Advisory Board for Section 1 and you replied that you 'did not see that'!
While you were not copied by Mr. Foster in his email to some Council members and those running for office, I developed a LinkedIn Article and distributed it to include you. We are connected through LinkedIn therefore I would have hoped you still read our daily messages.
Here is the link to the?LinkedIn Article:
A Message from Attorney at Law Boris Foster:
STOP the Town of Miami Lakes ILLEGAL taxation of Special Taxing Districts
What is the message?
---------- Forwarded message ---------
From: Boris Foster <[email protected]>
Date: Fri, Jun 7, 2024 at 6:55?AM
Subject: Miami Lakes Mismanagement of Neighborhood Service Districts (aka Special Taxing Districts)
To: Councilman Bryan Morera <[email protected]>
Cc: Councilwoman Marilyn Ruano <[email protected]>,
Councilman Luis Collazo <[email protected]>,
Councilman Joshua Dieguez <[email protected]>,
Town Manager Edward Pidermann <[email protected]>,
Candidates for office: Steven Herzberg <[email protected]>,
Esther Colon <[email protected]>,
Councilman Morera, as an impacted constituent, I wish to provide you the following to inform your upcoming decisions.
Special Taxing Districts are inherently different from Private Homeowners Communities. Special Taxing Districts exist on public streets.
Besides the services specifically listed in their ordinances the Districts residents receive all their services from their local government.
For example, police services, road maintenance, street lights, and all other infrastructure and services are provided by the local government.
Traffic laws and other municipal ordinances are enforceable by city or county law enforcement within these Districts. In Miami Lakes, these Districts are Royal Oaks East, Royal Oaks Section 1, Loch Lomond, and Miami Lakes Section 1.
In contrast, Private Residential Communities manage their own infrastructure and services internally through a homeowners' association.
Their Boards privately determine the maintenance of their community, security, and other community-specific needs.
Their roads are private, they maintain them and can restrict entry to their residents and guests, and make their own traffic and parking rules.
These Community HOAs are responsible for funding these services.
Owners in Private Communities knowingly purchase in these communities, knowing that these private communities are likely to have significantly more expensive assessments, but desire the control that these communities are able to provide. In Miami Lakes examples of these are Satori and Royal Palm Estates.
The need for the explanation arises from the Town's approach to managing Special Taxing Districts as though they were private communities, specifically the illegal taxation of owners for services added by the Town's advisory boards and Council.
To be clear, the Town may add any services they wish if paid for by the Town's general taxes.
It is the illegal taxation of the Special Taxing Districts owners for these extra-ordinancial services that is putting many owners in jeopardy.
The distinction between Special Taxing Districts and private HOAs has been breached with regularity ever since the Districts' Governing Body was transferred from the County to the Town.
The Town has added numerous infrastructure and services not in the Districts ordinances.
The only legal manner in which the Districts' ordinances can be changed is with a majority of owner's petitions and votes by the residents conducted through the Miami-Dade Elections Department. Neither have ever been conducted by the Town. The advisory boards are not a substitute, and the consideration of their proposals by the Town Council is illegal.
Two upcoming items for the Town Council at the June 11 meeting are the Ordinance in First Reading (item 11c), the proposed budgets for the Districts.
All items included in the budgets that fund services and infrastructure not in the Districts' ordinances are illegal taxes being charged to the Districts' property owners.
The second item is under New Business (item 14p), Beautification improvement at Town Managed Guard Gates.
If the pavers are installed at the guard gates, and their costs are added to the Districts owners non-ad valorem taxes, this will continue the Town's ongoing unethical and dishonest treatment of Special Taxing District owners.
The Town may install LPRs, street lighting, landscaping, and the several other services wherever it wishes, but it is corrupt to continue to illegally assess the Districts' property owners for the Town's initiatives only because the Town chooses to misuse its ability to levy non-ad valorem taxes against Special Taxing District owners.?
These Town initiatives have caused a large percentage of the District homesteaded owners to pay more for what was supposed to be only a guard gate to copy visitors tags than they pay in the Miami Lakes portion of their property taxes.
These niceties mandated by the Town on the Districts are not a benefit when they are making housing costs unaffordable to many, especially the seniors on fixed incomes who live in Miami Lakes Special Taxing Districts.
I appreciate your consideration and careful attention to this matter. It affects a substantial number of Miami Lakes owners and their households.
Respectfully,
Boris Foster
03:29:05 Jeremy Bajdaun asked by Councilman Dieguez: 'Have you received it?'
Your reply: I did not see that!
We are very concerned that our Public Servants are neither hearing us, nor respecting our property rights, and now... not even reading what takes an inordinate amount of time to prepare...
Disappointment does not comprehend my surprise and dismay to learn that you answered in the negative... How is that possible?
In addition, you provided the wrong information because you appeared to say you were lowering the rates, you were supposed to have headings 2024 - 2025 and your headings were incorrect, the tax collected last year was $340 and you said you were lowering our taxes...
The attention to detail with regards to our rights is appalling.
When Councilman Joshua Dieguez asks if the meetings are well attended, does he not understand that over 21 property owners went before the Advisory Board and realizing that they are not heard, frankly understanding that the COUNCIL had not even read the original ordinances has made all of us give up on going before a Council that does not adhere to the Original Ordinance, to the mandate that any departure from what was originally agreed to by Ordinance, be put to the VOTE of the property owners on record...
There is no wrong track / right track straw ballot that by law... is allowed with regards to self-imposed non-ad-valorem assessments!
@ 03:31:25 You make statements that the way meetings are announced have not been altered... wrong again because the sign at the entrance has not been made available as Kristina Labosierre used to post a week ahead of meetings.
One video is still not available and for one meeting recording we had to work rather hard to get it working again.
@ 03:31:34 Councilman Joshua Dieguez says the Council appoints these Boards to represent their areas... and introducing ourselves to the latest member of the Board, telling her we wanted to discuss the Special Taxing Districts with her, she replied that to discuss these issues with us would not be professional... so... who is training the Board members to understand their fiduciary responsibility to property owners?
@ 03:31:44 Councilman Joshua Dieguez says the lack of participation from property owners is concerning, stating there needs to be ways to enhance that.
What is additional that the Council / Staff can do to encourage participation?
Have you read the Special Taxing District Frequently Asked Questions available through the Town of Miami Lakes website?
Q: Can residents request improvements or additional services to the districts?
For services beyond the original scope described in the ordinance creating the district, residents must follow the petition process as described above for an amendment to the ordinance.
So... What does the process consist of?
I. The Petition
The Special Taxing Districts Division prepares a petition package, based on the letter of intent. This petition will provide a description of the proposed improvements, as well as the range of assessments estimated for the project.
For security guard districts, prior to the preparation of the petition package:
For road improvement projects, full right-of-way dedication will be required prior to preparation of the petition package.
Community volunteers then circulate the petition among all resident property owners. A maximum of four months is allowed for the collection of signatures.
The petition, once returned to Miami-Dade County, is validated by the Special Taxing Districts staff. The homestead exemption for each property owner is verified asan indication of residency. For new property owners who become proposed district residents after the filing date for homestead exemption may provide a notarized affidavit confirming their residency.
The petition must contain signatures of 50% or more of the resident property owners for the process to continue. The petition and the results of the validation are filed with the Clerk of the Board.
II. The Cost & Feasibility Study (for valid petition request)
The Special Taxing Districts staff prepares a report detailing improvements, cost estimate, assessment method, and district boundaries. The report is then filed with the County mayor who in turn files his written report and recommendations with the Clerk of the Board, and schedules a formal public hearing. Prior to the public hearing, all district property owners are invited by mail to an informational community meeting. Facts pertaining to the proposed special taxing district are presented to the district residents and questions by the community pertaining to the process and the proposed special taxing district are discussed.
III. District Creation
All property owners are invited to a Public Hearing regarding the creation of the proposed special taxing district. To which all property owners are invited by letter from the Clerk of the Board. Notices are published by the Clerk in a newspaper of general circulation and are also posted in five public places within the district. The Board of County Commissioners (Board) conducts a Public Hearing at which time residents or concerned citizens may speak on the proposed special taxing district. If the Board decides that the proposal should move forward, an ordinance creating the district is adopted. The assessment roll resolution is typically adopted at the same public hearing as the creation ordinance.
IV. District Ratification
Elections are conducted by mailed ballot on an available election date set by the Miami-Dade Elections Department. All registered voters residing within district boundaries are eligible to vote. A majority vote of returned ballots in favor of the project is needed to ratify district creation.
V. Collection of Special Assessments
Those districts which are approved by the electorate are billed in advance for each tax year (January through December) and are included as an itemized portion of the annual combined tax bill.
VI. Implementation Phase
Final engineering of capital improvements, bidding (for capital improvements and/or service) and construction take place. The improvement would then be placed in service or the service would commence.
For services that are within the scope of the ordinance, the services or improvements would be subject to the financial condition of the district.
Are we to conclude that:
Hope Reynolds, Author, Destroyed Dreams & Sue?os Destruidos
Motion to move the item first reading: All Vote Yes, but NOT Mayor Manny Cid
?
?