TWO LAKES COMMUNITY DEVELOPMENT DISTRICT MIAMI-DADE COUNTY REGULAR BOARD MEETING MARCH 15, 2017 9:45 A.M. Special District Services, Inc. 6625 Miami Lakes Drive, Suite 374 Miami Lakes, FL 33014 305.777.0761 Telephone 877.SDS.4922 Toll Free 561.630.4923 Facsimile
AGENDA 730 N.W. 107 th Avenue, Third Floor, Suite 300 Meeting Room Miami, Florida 33172 REGULAR BOARD MEETING March 15, 2017 9:45 a.m. A. Call to Order B. Proof of Publication...Page 1 C. Establish Quorum D. Additions or Deletions to Agenda E. Comments from the Public for Items Not on the Agenda F. Approval of Minutes 1. February 15, 2017 Recessed (to be reconvened on 2/24/2017) Regular Board Meeting Page 2 2. February 28, 2017 Special Board Meeting..Page 5 G. Old Business 1. Staff Report as Required H. New Business 1. Discussion Regarding Technical Assistance Advisement ( TAA ) from the Florida Department of Revenue 2. Consider Intergovernmental Cooperation Agreement By and Between the County Property Appraiser, County Tax Collector and the District...Page 8 I. Administrative & Operational Matters 1. Staff Report as Required J. Board Member & Staff Closing Comments K. Adjourn
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REGULAR BOARD MEETING FEBRUARY 15, 2017 A. CALL TO ORDER District Manager Neil Kalin, attending via conference call, called the February 15, 2017, Regular Board Meeting of the Two Lakes Community Development District to order at 9:54 a.m. in the Meeting Room at Lennar Homes, LLC, located at 730 NW 107 th Avenue, Third Floor, Suite 300, Miami, Florida 33172. B. PROOF OF PUBLICATION Mr. Kalin presented proof of publication that notice of the Regular Board Meeting had been published in the Miami Daily Business Review on October 7, 2016, as part of the District s Fiscal Year 2016/2017 Regular Meeting Schedule, as legally required. C. ESTABLISH QUORUM It was determined that the attendance of the following Board Members constituted a quorum and it was in order to proceed with the meeting: Chairperson Carolina Herrera, Vice Chairperson Teresa Baluja and Supervisor Raisa Krause. Also in attendance via conference call was: District Counsel Gerald Knight of Billing Cochran, Lyles, Mauro & Ramsey, P.A. D. ADDITIONS OR DELETIONS TO THE AGENDA There were no additions or deletions to the agenda. E. COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA There were no comments from the public for items not on the agenda. F. APPROVAL OF MINUTES 1. January 18, 2017, Regular Board Meeting The minutes of the January 18, 2017, Regular Board Meeting were presented for approval. There being no revisions and/or corrections, a motion was made by Ms. Krause, seconded by Ms. Herrera and passed unanimously to approve the January 18, 2017, Regular Board Meeting Minutes, as presented. 2. January 25, 2017, Regular Board Meeting The minutes of the January 25, 2017, Regular Board Meeting were presented for approval. There being no revisions and/or corrections, a motion was made by Ms. Krause, seconded by Ms. Herrera and passed unanimously to approve the January 25, 2017, Regular Board Meeting Minutes, as presented. 1 of 3 Page 2
REGULAR BOARD MEETING FEBRUARY 15, 2017 G. OLD BUSINESS 1. Staff Report There was no Staff Report at this time. H. NEW BUSINESS 1. Consider Agreement(s) Between District and Developer to Facilitate the Construction of Public Project/Stormwater Management System. Mr. Knight, District Counsel, explained that he continues to work with the Developer of the Project to obtain information for drafting applicable assignment of contracts to the District for certain earthwork and acquisition of fill related to the stormwater management system ( SWMS ) project. In addition, Mr. Knight stated that the funding of the fill for the SWMS will be handled through the Developer s Funding Agreement that was previously approved at the September 21, 2016, Organizational Meeting. 2. Consider Acceptance of Drainage Easement for Stormwater Management Improvements. Mr. Knight indicated that he is preparing a Grant of Easement from the landowner to the District that will allow the District to install the necessary fill on lands within the District and to maintain the fill at the required elevation. Staff will continue to work on the drafts of documents and it is anticipated that they will be ready to present to the Board next week. I. ADMINISTRATIVE & OPERATIONAL MATTERS 1. Staff Report There was no Staff Report at this time. J. BOARD MEMBER & STAFF CLOSING COMMENTS The Board recommended that due to the critical timing to commence the fill import contract for the Project that it would be in the District s best interest to present all the required documents as soon as possible. A discussion ensued after which; A motion was made by Ms. Herrera, seconded by Ms. Krause to recess the Two Lakes Community Development District Regular Board Meeting at approximately 10:05 a.m. and to reconvene on February 24, 2017, at 10:00 a.m. in the Meeting Room at Lennar Homes, LLC, located at 730 NW 107 th Avenue, Third Floor, Suite 300, Mi ami, Florida 33172. K. ADJOURNMENT PLEASE SEE ABOVE ACTION TAKEN Note: The recessed meeting of February 15, 2017 and scheduled to reconvene on February 24, 2017 was cancelled. 2 of 3 Page 3
REGULAR BOARD MEETING FEBRUARY 15, 2017 Secretary/Assistant Secretary Chairperson/Vice Chairperson 3 of 3 Page 4
SPECIAL BOARD MEETING FEBRUARY 28, 2017 A. CALL TO ORDER The February 28, 2017, Special Board Meeting of the Two Lakes Community Development District was called to order at 2:25 p.m. in the Meeting Room at Lennar Homes, LLC located at 730 NW 107 th Avenue, Third Floor, Suite 300, Miami, Florida 33172. B. PROOF OF PUBLICATION Mr. Kalin presented proof of publication that notice of the Special Board Meeting had been published in the Miami Daily Business Review on February 21, 2017, as legally required. C. ESTABLISH QUORUM It was determined that the attendance of the following Board Members constituted a quorum and it was in order to proceed with the meeting: Vice Chairperson Teresa Baluja and Supervisors Raisa Krause and Yadira Monzon. Also in attendance were: District Managers Neil Kalin and Armando Silva of Special District Services, Inc.; and District Counsel Michael Pawelczyk of Billing Cochran, Lyles, Mauro & Ramsey, P.A. Also present was Pedro Portela of Miami, Florida. D. ADDITIONS OR DELETIONS TO THE AGENDA Mr. Kalin requested the addition of the following two (2) items under New Business. His request was acknowledged. 1. Grant of Easement 2. Materials Purchase Agreement (Quarry Shot Rock) E. COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA There were no comments from the public for items not on the agenda. F. APPROVAL OF MINUTES 1. February 24, 2017, Reconvened Regular Board Meeting to be presented at the next meeting. The recessed February 15, 2017, Regular Board Meeting, scheduled to reconvene on February 24, 2017, at 10:00 am was cancelled. The meeting minutes from the February 15, 2017, Regular Board Meeting will be presented at the next Regular Board Meeting. G. OLD BUSINESS 1. Staff Report 1 of 3 Page 5
SPECIAL BOARD MEETING FEBRUARY 28, 2017 There was no Staff Report at this time. H. NEW BUSINESS 1. Consider Proposals from Qualified Licensed and Insured Brokers Regarding the Supply of Quarry Shot Rock for the Purpose of Completing the District s Stormwater System Mr. Kalin stated that he was in possession of three (3) sealed proposals for approximately 3,000,000 tons of Quarry Shot Rock ( Proposals ) to be used on the District s stormwater management system project. Mr. Kalin stated, for the record, that all Proposals had been received on time and at the District s office in Miami Lakes, Florida. A discussion ensued after which; a motion was made by Ms. Baluja, seconded by Ms. Monzon to receive and accept the Proposals and authorized the opening of the sealed Proposals. Mr. Kalin proceeded to open the sealed Proposals and commenced a Proposal tabulation as follows: Allied Trucking of Florida bid $7.95 per ton; Bergeron Land Development, Inc. bid $9.41 per ton; and Overland Carriers bid $8.40 per ton. All tonnage was to be delivered to the Two Lakes CDD project site. 2. ADD-ON ITEM: Material Purchase Agreement Mr. Pawelczyk circulated a Materials Purchase Agreement, which is to be entered into between the District and awarded broker for the delivery of the Quarry Shot Rock. He explained the purpose for the document. A discussion ensued after which; A motion was made by Ms. Baluja, seconded by Ms. Krause and unanimously passed to enter into a Materials Purchase Agreement ( Agreement ) with the lowest and responsible broker, Allied Trucking of Florida (the Supplier ) at a delivered price of $7.95 per ton, exclusive of sales tax, subject to final review and approval by District Counsel and also authorizes District officials to execute the Agreement and any related documents necessary to effectuate the intent of the Agreement, as so required. 3. ADD-ON ITEM: Consider Acceptance of Drainage Easement for Stormwater Management Improvements District Counsel explained the purpose for the proposed Grant of Easement by the Developer, Two Lakes Lennar, LLC ( Grantor ) to the Two Lakes Community Development District ( Grantee ). A discussion ensued after which; A motion was made by Ms. Baluja, seconded by Ms. Monzon and unanimously passed to approve and accept the perpetual non-exclusive easement from Two Lakes Lennar, LLC for the purpose of surface water drainage and flowage, including but not limited to, the right, but not the obligation, to spread and grade fill material all in accordance with the South Florida Water Management District Environmental Resource Permit No. 13-06225-P. 2 of 3 Page 6
SPECIAL BOARD MEETING FEBRUARY 28, 2017 I. ADMINISTRATIVE & OPERATIONAL MATTERS 1. Staff Report There was no Staff Report at this time. J. BOARD MEMBER & STAFF CLOSING COMMENTS It was noted that the next meeting would be held on March 15, 2017. K. ADJOURNMENT There being no further business to come before the Board, a motion was made by Ms. Baluja, seconded by Ms. Monzon and passed unanimously to adjourn the Special Board Meeting at 2:44 p.m. Secretary/Assistant Secretary Chairperson/Vice Chairperson 3 of 3 Page 7
INTERGOVERNMENTAL COOPERATION AGREEMENT BY AND AMONG MIAMI-DADE COUNTY PROPERTY APPRAISER AND MIAMI-DADE COUNTY TAX COLLECTOR AND THIS INTERGOVERNMENTAL COOPERATION AGREEMENT (the Agreement ) is made and entered into as of the day of, 2017, by and among Miami-Dade County Office of the Property Appraiser (hereinafter referred to as Property Appraiser ), Florida, Miami-Dade County on behalf of the Tax Collector (hereinafter referred to as Tax Collector ), Florida, and the Two Lakes Community Development District (hereinafter referred to as District ), Florida. WITNESSETH WHEREAS, the District intends to adopt non-ad valorem assessments for collecting its benefit and maintenance assessments or such other assessments imposed by the District ( Non-Ad Valorem Assessments ); and WHEREAS, the District intends to utilize the uniform method of collection, as outlined in Sections 197.3632 and 197.3635 of the Florida Statutes, for collection of its Non-Ad Valorem Assessments; and WHEREAS, the District has requested that the Property Appraiser include the District s proposed or adopted Non-Ad Valorem Assessments for the District on the Notice of Proposed Property Taxes as specified in Section 200.069, Florida Statutes ( TRIM Notice ); and WHEREAS, the District has requested the Tax Collector include the District s adopted Non-Ad Valorem Assessments on the Combined Notice of Ad Valorem Taxes and Non-Ad Valorem Assessments in accordance with Section 197.3635, Florida Statutes ( Tax Bill ); and 1 of Page 8
WHEREAS, the District, the Tax Collector, and the Property Appraiser must enter into a written agreement evidencing the Tax Collector s and the Property Appraiser s agreement to place the District s Non-Ad Valorem Assessments on the TRIM Notice and Tax Bill; and WHEREAS, pursuant to Rule 12D18.001 of the Florida Administrative Code, and Escambia County v. Bell, 717 So. 2d 85 (Fla. 1st DCA 1998), it is the duty of the District to determine, under law, whether the Non Ad-Valorem Assessments are constitutional and may be collected as a lien; the duties of the Property Appraiser and Tax Collector under section 197.3632 of the Florida Statutes are ministerial and shall not be construed to authorize the levy of the Non Ad-Valorem Assessments; and WHEREAS, the District represents that it has duly complied with the notice provisions and adopted Resolution No. 2016-15 in compliance with Section 197.3632 Florida Statutes, so as to entitle the District to elect the non-ad valorem method of collection, and the Tax Collector and Property Appraiser have relied on these representations, NOW THEREFORE, for good and valuable consideration, and intending to be legally bound hereby, the Tax Collector, the Property Appraiser, and the District agree as follows: 1. The District s request to place its Non-Ad Valorem Assessments TRIM Notice is granted by the Property Appraiser, subject to the District s compliance with the terms of this Agreement. 2. The District s request to place its Non-Ad Valorem Assessments on the Tax Bill is granted by the Tax Collector, subject to the District s compliance with the terms of this Agreement. 2 of Page 9
3. The District agrees to the following requirements in order to place its Non-Ad Valorem Assessments on the TRIM Notice and Tax Bill: A. The Non-Ad Valorem Assessments will be assessed yearly against all eligible properties within the District, and the District shall never have attempted to collect the Non-Ad Valorem Assessments prior year assessments. B. No later than July 9 th of the current year the following should be provided to the Property Appraiser: i. The final files for the TRIM Notice. ii. The description of Purpose of Assessment as it would appear on the TRIM Notice. iii. The District s contact name and phone number used to address questions regarding the assessment. C. No later than August 1 st of the current year an insert describing the Non Ad- Valorem Assessments to be included with the mailing of the TRIM Notice. A sample must be provided to the Property Appraiser for approval prior to August 1 st. D. No later than September 15 th of the current year the final roll reflecting the Non-Ad Valorem Assessments that are to appear on the Tax Bill must be submitted to the Property Appraiser and the Tax Collector. 4. The District agrees that the Tax Collector shall be entitled to retain the actual costs of collection, or two percent (2%), on the amount of special assessments collected and remitted. 5. This Agreement shall not take effect until the District is in full compliance with all local zoning, land use, and other applicable regulations. 6. Duration of this Agreement. Subject to the limitation of paragraph 5 above, this Agreement shall take effect upon signing and shall extend to the collection of 3 of Page 10
special assessments for each fiscal year thereafter, until cancelled by any Party pursuant to paragraph 11 herein. 7. Severability of the Provisions in this Agreement. The provisions of this Agreement are intended to be severable. If any provision of this Agreement shall be held to be invalid or unenforceable in whole or in part, such provision shall be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability of the remaining provisions of this Agreement. 8. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 9. Amendments or Modifications of this Agreement. It is anticipated by the Parties that the terms and conditions of this Agreement will be periodically amended or modified. Such amendments or modifications must be in writing and must be duly executed by all Parties to this Agreement. 10. Indemnification and Hold Harmless. The District shall indemnify and hold harmless, to the extent permitted by Florida law, the Property Appraiser, Tax Collector and their respective officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys fees and costs of defense, which the Property Appraiser, Tax Collector or their respective officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the negligent or intentional acts or omissions of the District or its employees, agents, servants, partners principals, or subcontractors arising out of, relating to, or resulting from the performance of the Agreement. The District shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature 4 of Page 11
in the name of the Property Appraiser or Tax Collector where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys fees which may issue thereon. 11. Cancellation. This Agreement may be cancelled by any Party upon thirty (30) days written notice to the other Parties. 12. Intent to be Legally Bound. By signing this Agreement, the Parties hereto confirm and state that they have carefully read the Agreement, that they know the contents thereof, that they fully expect to carry out each and every provision, and that they intend to be legally bound by the rights and obligations set forth herein. 13. Headings. The headings for each paragraph in this Agreement are for the purposes of reference only and shall not limit or otherwise affect the meaning of any provision. 14. Complete Agreement. This document shall represent the complete Agreement of the Parties. IN WITNESS WHEREOF, the Parties hereto execute this Agreement, and they affirm that they have the power to do so on behalf of the District, the Tax Collector, and the Property Appraiser. ATTEST: By: District TWO LAKES COMMUNITY DEVELOPMENT DISTRICT By: District 5 of Page 12
MIAMI-DADE COUNTY, FLORIDA PROPERTY APPRAISER By: Pedro J. Garcia Property Appraiser MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS ATTEST: By: Harvey Ruvin County Clerk By: Carlos A. Gimenez Miami- Dade County Mayor Approved as to legal sufficiency for Miami-Dade County and the Office of the Property Appraiser: By: Assistant County Attorney 6 of Page 13