Tohoqua Community

Development District

Agenda

January

3,

2018

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Tohoqua

Community Development District

135 W.

Central Blvd., Suite 320, Orlando, Florida 32801 Phone: 407-841-5524- Fax: 407-839-1526

December 27, 2017					
Board of Supervisors					
Tohoqua Community					
Development District					
Dear Board Members:					
The regular	Supervisors	of Tohqua Community Development District		
meeting of the Board of				
will be held Wednesday, January 3, 2018 at 9:00	AM at the West Osceola Branch Library, 305		
Campus Street, Kissimmee, Florida.	Following is the advance agenda for the meeting:		

1.

2.

3.

4.

Roll Call				
Public Comment Period				
Approval  of  Minutes  of	the  November  1,  2017  Board  of Supervisors	Meeting  and	
Acceptance of Minutes of	the November 1, 2017 Landowners' Meeting			
Consideration of Professional Engineering Services Agreement with	Poulos & Bennett,	
LLC				

5.

6.

7.

Consideration of Agreement with the Osceola County Property Appraiser Regarding		
Uniform Method of Collection			
Financing Matters	of Supplemental Engineer's Report		
A.	Consideration of Form			
				
B.	Consideration of Form	of Supplemental Assessment Methodology Report		
C.	Consideration of			
	Resolution 2018-09 Bond Delegation Resolution		
Staff Reports			

the

8.

9.

A.	Attorney

B.	Engineer

C.	District Manager's Report
i.	Balance Sheet and Income Statement		
ii.			
	Ratification of Funding Request #2			
		#3		
iii.	Consideration of Funding Request			
				
Other Business			
Supervisors Requests			

10.

Adjournment

The  second	order	of	business	is  the  Public  Comment	Period	
opportunity	to be heard on propositions coming before the	Board	
and any other items.					

where the as reflected

public on the

has an agenda,

The third order of business is the approval	of the	minutes of the November 1,		
Supervisors meeting  and	acceptance  of the	minutes	of the	November 1,  2017		
meeting.  The	enclosed for your review.					
minutes are						

2017 Board of Landowners'

The fourth order of business with Poulos & Bennett, LLC.

is the consideration of professional engineering services A copy of the agreement is enclosed for your review.

agreement

The fifth order of business is the consideration of Agreement with the Appraiser regarding the uniform method of collection. A copy of the your review.

Osceola County Property agreement is enclosed for

The

sixth

order

of

business

is

the

Financing Matters.

Section A is

the

consideration

of

the

form

of supplemental	Engineer's Report and	Section Bis	the	consideration of form of Supplemental		
Assessment	Methodology  Report.	Both	reports  are	enclosed	for	your	review.	Section  C		
consideration of	Resolution 2018-09 bond	delegation resolution.	A	copy	of the Resolution is		
enclosed  for	your	review  and	copies  of  the  exhibits  will  be	available	at  the	meeting  for		
reference.																	
The seventh	order	of business is the Staff Reports.	Section C is the District Manager's Report.		
Section  1	includes	the	balance	sheet	and  income			
						statement  for  review.   Section  2  is  the		
ratification of			Request	#2	and	Section 3 is the consideration of Funding	Request #3.		
		Funding							
Copies of the funding requests and	supporting documentation is enclosed for your review.		

The balance of the have any questions,

agenda please

will be discussed at the do not hesitate to contact

meeting.
me.

In

the

meantime,

if

you

should

Sincerely,

fL_ j	~

George S. Flint District Manager

f----

CC:	Jan A Carpenter, District Counsel

Eric Warren, Interim District Engineer

Mike Williams, Bond Counsel
Brett Sealy, Underwriter
Darrin Mossing, GMS

Enclosures

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MINUTES OF MEETING

TOHOQUA

COMMUNITY DEVELOPMENT DISTRICT

The	Regular	Meeting

of

the	Board

of

Supervisors

of

the

Tohoqua

Community

Development District was  held	on	Wednesday,	November  1, 2017  at  9:00  a.m.  at the  West		
					
Osceola Branch Library, 305 Campus Street, Kissimmee, FL.		

Present and constituting a quorum were:

Andre Vidrine

Marcus Hooker

Keith Trace

Kaitlyn Noyes

Also present were:

George Flint

Darrin Mossing, Jr.

Andrew d' Ade sky

Eric Warren

Jo Thacker

Chairman

Vice Chairman

Assistant Secretary

Assistant Secretary

District Manager

GMS

District Counsel

District Engineer

Developer's Counsel

FIRST ORDER OF BUSINESS	Roll Call	

Mr. Flint were present, and

called the meeting to order at 9:03 a.m. and called the roll. Four Supervisors Mr. Dowd was absent.

SECOND ORDER OF BUSINESS

There being none, the next item followed.

Public Comment Period

THIRD

ORDER

OF

BUSINESS

Organizational Matters

A.

Administration

of

Oaths

of

Office

to

Newly Board Members

Mr.

five initial

many days

Flint:

Board

of the

We did this at the Organizational Meeting, as Members; however, you are required to have Organizational Meeting.

the creating ordinance names the a Landowners' election within so

November I, 2017	TohoquaCDD		

the

Mr.

Oath of

Flint being a Office to Mr.

Notary Public ofthe Vidrine, Mr. Hooker,

State Mr.

ofFlorida Trace and

and duly authorized, administered Ms. Noyes.

Mr. Flint:	I will notarize the Oaths.  The Form 1: Statement of Financial Interests must		
be filed within 30 days of today, with the Supervisor of Elections in the County you live in.  As a		
Board Member, you are subject to the Sunshine and Public Records Laws like City and County		
Commissioners.	If you have any			
		questions, Andrew or I can answer them for you.		
Mr.	d'Adesky:  We distributed some materials	electronically.  If you have any questions,		

please call us.  We are always happy to answer them and provide quick responses.		

B.

Consideration	of Resolution 2018-01	Canvassing and Certifying the Results		
of the Landowners' Election			

Mr. Flint:  The Board of Supervisors sits as the Canvassing Board to certify the results of		
the Landowners' Election, which took place prior to the Board Meeting.   Resolution 2018-01		
will reflect that Marcus P. Hooker and Andre Vidrine	received 71 votes, and Keith Trace, James		
						
Dowd and Kaitlin Noyes received 70 votes,	respectively.  Mr. Hooker and Mr. Vidrine will serve		
					
four-year  terms,  and the  other three  Supervisors  will  serve two-year  terms.   Are  there  any		
questions on the	resolution?  Not hearing any, a motion to adopt Resolution 2018-01 would be in		
			
order.						
On MOTION by Mr. Trace, seconded by Mr. Vidrine, with all in		
favor, Resolution 2018-01, Canvassing and Certifying the Results		
of the	Landowners' Election, was adopted.		

C.

Election

of

Officers

Mr. Flint: After each election, the Board is required to elect officers. Previously, Mr. Vidrine was Chairman, Mr. Hooker was Vice Chairman, the three remaining Supervisors were Assistant Secretaries, I was Secretary and Ariel Lovera was Treasurer. You can keep the same officers or change it.

D.

Consideration

of

Resolution 2018-03 Electing Officers

	Mr. Flint:	Resolution 2018-03 elects the officers.  We can take each seat individually, or		
				
if the Board wants to elect a slate of officers, you could handle it in one motion.			
	Mr. Trace:	I would like to elect a slate of officers for Mr. Vidrine to serve as Chairman,		
Mr.	Hooker  as  Vice  Chairman,  Keith  Trace,  James  Dowd  and  Kaitlin Noyes	as  Assistant		
Secretaries, George Flint as Secretary and Ariel Lovera as Treasurer.			

2

November

1,

2017

TohoquaCDD

On MOTION by Mr. Trace, seconded by Ms. Noyes, with all in		
favor,   Resolution  2017-20,	Electing  Officers,	as	previously		
nominated, was adopted.					

FOURTH ORDER OF BUSINESS

Approval of Minutes 2017 Meeting

of

the September 25,

Mr. Flint:	The minutes were provided to you in your agenda package.	Are there any

additions,		
deletions or corrections to the minutes?  If not,	
On MOTION by Mr. Trace, seconded by	
favor,  the  minutes	of  the  September	
presented, were approved.	

we need a motion to approve them.

Mr. Hooker, with all in 25, 2017 meeting, as

FIFTH ORDER OF BUSINESS	Public Hearings	
Mr. Flint:  At this time, we will open the public hearings.	
A.	Fiscal Year 2017 & 2018 Budgets		

i.

Consideration of Resolution 2018-Budget and Relating to the Annual

03 Adopting the Fiscal Year 2017 Appropriations

Mr.  Flint:   The District existed approximately a week in Fiscal Year 2017.   At your		
Organizational Meeting, you approved a	proposed budget and designated today's meeting to		
					
consider its final  adoption.   Resolution 2018-03  adopts the Fiscal  Year 2017 budget, which		
ended on September 30	th	and is attached as Exhibit A.  The first column is the 2017 budget,		
				
which was a prorated annual budget for one month.  Its funding source is a Developer Funding		
Agreement.  The developer would only be obligated for actual expenses, not necessarily what's		

reflected here.	Are there any questions on the proposed budget?

Not hearing any,

a motion

to

adopt Resolution 2018-03 would be in order.

Mr.  d' Adesky:

Auditing Committee.

This  keeps  us  from  getting	a	nasty  letter from  the  Joint Legislative	

Mr. Trace MOVED to adopt Resolution 2018-03, Adopting the Fiscal Year 2017 Budget and the Annual Appropriations, and Mr. Vidrine seconded the motion.

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2017

TohoquaCDD

Mr.

Flint:

Before you consider the vote,

we

will note for the

record that

no

members

of

the public are present to provide comment.

On VOICE VOTE, with all in favor, Resolution 2018-03, Adopting the Fiscal Year 2017 Budget and the Annual Appropriations, was adopted.

ii.

Consideration	of	
Budget and	Resolution 2018-04 Adopting the Fiscal Year 2018	
Relating to the Annual Appropriations	

Mr. Flint:  Resolution 2018-04,	includes as Exhibit A, the Proposed 2018		
				
totals  $98,199.	It  is  substantially the  same as the Proposed Budget that you		
approved at the Organizational Meeting, and contemplates a Developer Funding		

Budget, which reviewed and Agreement as

the funding source.

No

members

of

the

public

are

present

to

provide comments.	Are there any

questions?

Not hearing any, a motion to adopt Resolution 2018-04 would be in order.

On MOTION by Mr. Trace, seconded by Mr. Vidrine, with all in favor, Resolution 2018-04, Adopting the Fiscal Year 2018 Budget and the Annual Appropriations, was adopted.

B.

Rule

i.

Adoption

Consideration Procedure

of

Resolution 2018-05 Adopting the District's Rules

of

Mr.	Flint:  This is a Rule Adoption Hearing to consider adoption of the District's Rules	of		
Procedure.  At the Organizational Meeting, the Board authorized a rule hearing.  Two notices		
were placed in the newspaper 29 and 28	days in advance of today's meeting.  You received a		
copy of the	Proposed Rules in your Organizational	Meeting agenda, and we included it as	an		

attachment to Resolution 2018-05.  These rules describe how the Board is constituted, how you		
handle your meetings, your rulemaking procedures, purchasing processes, etc.  They typically		
mirror the statutory requirements.						
Mr. d' Adesky:  We reviewed them and they are	consistent with the statutes from 2017.	I		
								
would note that, as we have had a number of bid protests in other Districts, the rules clearly		
outline the	procedure for such protests and which types	of bids are not subject to protest rights.			

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November

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TohoquaCDD

Mr.

Flint:	Are there any questions on the rules?	For the record,

no

members

of

the

public are present to provide comment. Are there any questions on Resolution a motion to adopt Resolution 2018-05 would be in order.

On MOTION by Mr. Vidrine, seconded by Mr. Hooker, with all favor, Resolution 2018-05 Adopting the District's Rules Procedure, was adopted.

2018-05?

in

of

If

not,

C.

Uniform Method of Collection	
i.	Consideration of	
	Resolution 2018-06 Expressing the District's Intent	
	to Utilize the Uniform Method of Collection	

Mr.

Showe:	Next is Resolution 2018-06, dealing with the utilization

of

the Uniform

Method	of Collection for the District's	operation and maintenance (O&M)		
				
assessments.  At your Organizational			
	Meeting, you directed staff to advertise a		

and debt service public hearing for

today's meeting, to consider the resolution.  This allows us to use the tax roll as the collection	
method.   Are  there  any  questions on the  Resolution?   Not hearing  any,	a motion to  adopt	
Resolution 2018-06 would be in order.		

Mr.

Mr. Trace MOVED to adopt	Resolution 2018-06, Expressing the		
				
District's Intent to Utilize the Uniform Method of Collection, and		
Mr. Vidrine seconded the motion.					
Flint:  No							
members of the public are present to provide comment.			
On  VOICE  VOTE,  with  all	in	favor,  Resolution  2018-06		
Expressing the	District's Intent to Utilize the Uniform Method	of		
Collection, was adopted.						

D.

Assessment Hearing

Mr.

within the

Flint:

District.

The At

next public hearing deals with the Organizational Meeting, the

the	imposition	of assessments on land		
				
Board reviewed the Engineer's Report		

and Master Assessment within the District. This

Methodology, public hearing

and	impose assessments on land		
expressed your intent to			
was advertised in accordance with the statutes.		

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November

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TohoquaCDD

i.

Consideration

of

Engineer's Report

Mr. Flint:  Eric, do you want to briefly summarize the Engineer's Report?		
Mr. Warren:  The Board	reviewed it at the prior meeting, which summarizes the		
			
discusses the infrastructure and the benefit in which improvements would be funded		
District, specifically Tohoqua			
Parkway, which is part of a mobility credit.		

project, by the

Mr.

d' Adesky:  Prosperity credit.

Mr. Warren:  In	addition, there are various graphics	outlining the District, some	of the		

physical features such as the flood plain and the proposed improvements and utilities, as far as		
what utilities will be servicing the site.  There's also a cost estimate for the improvements that		
would eventually be funded by the District.				

Mr.

Flint:  Are there any questions?

ii.

Consideration of Master Methodology Report

Mr.	d'Adesky:  Resolution 2018-07, levies the assessments on the property, approves the		
				
project as	described in the Engineer's Report, confirms the Assessment Methodology, including		
			
the					
Assessment Roll that was prepared as part of the Methodology, provides for the payment of		
the special	assessments and that they will be filed in the official records of Osceola County.  It is		
				
consistent with the statutes.	It also allows for the assessments to be validated as part of the		
process that Michael Williams will comment on and will include that in the validation process.		
Proceeding with this in a timely manner will help the bond validation.		
Mr.	Vidrine:  I don't think I ever approved one of these separate, then one that was part		
of a bond	validation package.  Are we getting it approved to include it in the package and then		

approve the rest?					
Mr.	d' Adesky:  Correct.	We	could've done it at the next meeting, but doing it		
						
meeting allows us to get it included.			
Mr.	Vidrine:	I understand that the		
				property is going to be annexed into the City		
Cloud at some point.  Is there anything in this report that's affected by such annexation?		
Mr.	d'Adesky:  In the Engineer's Report?		

at this

of St.

Mr. Vidrine:  Yes.		
Mr.	Warren:	I believe that the costs are still applicable.  Utilities are still with the St.		
				
Cloud.  The difference will be that the roadways will be owned by the City, as opposed to the		
County.				

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November

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TohoquaCDD

I just

Mr. didn't Mr. Mr.

Vidrine:

know if

Warren:

Vidrine:

The water, sewer and reclaimed utilities are

the spec roadways would change the cost.

No, not substantially.

Do we need a motion?

owned

by

the

City

of

St. Cloud.

Mr. d'Adesky: Yes. Resolution 2018-07 should be

The  Engineer's  Report  was  approved.	A  motion  to  adopt	
sufficient.		

iii.

Public

Comment

&

Testimony

This item was discussed below

iv.

Consideration

of

Resolution 2018-07 Levying Assessments

On MOTION by favor, Resolution

Mr. 2017

Trace, seconded by Mr. Vidrine, with all in -07, Levying Assessments, was adopted.

•

Public

Comment

&

Testimony

Ms. Thacker:

correct?

An

assessment

won't

be placed against property until the bonds are issued,

Mr. d' Adesky:   Correct.   This just sets a ceiling.   With bond issuances, we		
maximum price, but	it	always comes in lower.		
Ms.	I just wanted to make sure that there would not be an assessment		
Thacker:			
bonds were issued.  lfthe bonds weren't issued, there would not be an assessment.		
Mr. d' Adesky:	Correct.  You have the statutory authority to do this.		

have the

until the

SIXTH ORDER OF BUSINESS

Ranking of Proposals Engineering Services and District Engineer

for   District Selection  of

Mr. Flint:	Per the Board's direction, we			
			advertised a notice in the Orlando Sentinel, in		
accordance with the Consultants Competitive	Negotiation Act (CCNA), soliciting Request for		
					
Qualifications (RFQ) for District Engineering Services.  We received one response from Poulos		
& Bennett.  They also serve as yourJnterim District	Engineer.  Since you received less than three		
						
bids,  you  could  choose  to  reject  it  and  rebid,  or  select  Poulos  &  Bennett as  your  District		
Engineer.  I just have to advise you on that, because it's in the rules that you just adopted.  Are		
there any questions?  If the Board is	comfortable with Poulos & Bennett's proposal, a motion to		

7

November

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TohoquaCDD

select them as District Engineer and authorizing staff to negotiate an agreement and bring it to		
the next meeting, would be in order.								
On MOTION by Mr. Vidrine,	seconded by	Mr.	Trace, with all in		
favor,  selecting  Poulos							
	&	Bennett,  LLC	to	provide  District		
						
Engineering   Services,  and   authorizing  staff  to	negotiate  an		
agreement, was approved.