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,	October 3, 2018 at 9:00 a.m., at the West Osceola		
			
Branch Library, 305 Campus Street, Kissimmee, FL.		
Present and constituting a quorum were:			
Andre Vidrine	Chairman		
Marcus Hooker	Vice Chairman		
Keith Trace	Assistant Secretary		
			
Also present were:			
George Flint	District Manager		
Andrew d' Adesky			
	District Counsel		
Eric Warren			
	District Engineer by phone		
Alan Scheerer			
	Field Manager		
Clayton Smith	Assistant Field Manager		

FIRST

ORDER

OF

BUSINESS

Roll Call

Mr. Flint called the meeting to order at 9:05 a.m. and called the roll. Three Supervisors were present, with Mr. Dowd and Ms. Noyes being absent.

SECOND

ORDER

OF

BUSINESS

Approval of Minutes 2018 Meeting

of

the September 13,

Mr.

Mr.

Mr.

Flint:  Are there any questions, comments or corrections to the minutes?		
Vidrine:	I have no comments.			
Flint:  If	not, we	need	a	motion to approve.		
						
On MOTION					
		by Mr. Vidrine,		
favor,	the  Minutes	of  the	seconded by Mr. Hooker, with all in		
			September  13,  2018  Meeting,  as		
resented, were approved.			

Mr. Flint:

For

the record,

no members

of

the public are present to provide comments.

October 3, 2018

TohoquaCDD

TIDRD

ORDER

OF

BUSINESS

Consideration	of	Audit	Committee		
Recommendation					
	and	Selection	of  #1		
Ranked   Firm		to	Provide	Auditing		
Services for the Fiscal Year 2018			

Mr.

Flint:	The  Board met as an Audit Committee prior to the Board

of

Supervisors

meeting, Gaines &

and ranked Grau & Associates number one with 98 points, and Berger, Toombs, Elam,		
Frank	points.				
number two with 93		We need a motion to accept this ranking.		
				
On					
MOTION by Mr.	Vidrine, seconded by Mr. Hooker, with all in		
favor, accepting the			
		of Grau &			
ranking		Associates as the number		
one ranked firm for auditing services was approved.		

FOURTH

ORDER

OF

BUSINESS

Ratification	of	Landscape  Maintenance	
Agreement with Earth Tee	

	Mr. Flint:	Earth						
				Tee is the installation contractor for the landscaping at Tohoqua.  They		
will be										
maintaining it, at least initially.  There are two agreements; one for Cross Prairie Parkway		
and the	other for Phase 1.	They	were executed by the Chairman.  Andrew wanted to include		

some terms and conditions.						
Mr.		I always					
		d'Adesky:						
					attach one of our				
						standard addendums,	which has our terms and		
										
conditions, such as our 30-day out and other indemnities and provisions.			
Mr.	Flint:	We	would ask that they be approved, subject to	execution of the standard		

terms and conditions, that would be attached to these basic agreements.  Eventually, we will need		
to bid this  out,  but at this point, we are under the  bidding threshold,  so the Board has the		
discretion and ability to hire whoever they would like to provide these			
							services, based on the fact		
that this is still under warranty.  It makes sense for the Board to retain them.		
Mr.	Trace:	Was this the installer?				
							
Mr.	Flint:	Yes.	I						
				think it was 3D Trees.  Earth Tee is the maintenance company.		
Mr.	Hooker:  They were not technically the installer, but are under the same company.		
				
Mr.	Trace:  The	important part is that the irrigation system is not difficult.  When the next		
						
pond is completed, will we lump that into the contract?				
Mr.	Flint:  Yes.							

Mr.

Mr.

Mr.

Trace:	I	
		thought some of this	
		drainage went to that.	
Hooker:	No. We just dug that	
		pond for some dirt.	
Trace:  So they are not going to be mowing it?	

2

October 3, 2018				TohoquaCDD		
							
Mr.						
	Hooker:  They might be				
			mowing it, but we don't	have it in this agreement.		
							
Mr. Flint:  We could					
		always add an addendum to it.			
Mr. Trace:  I just					
		wanted to make sure,	of this		
				because some			
					drainage is going that way.		
Mr. Flint:  We are in the process of			
				getting bids for the aquatic maintenance.		
Mr.	Scheerer:	I met with them yesterday.  There appears to be a smaller pond on this		
				
parcel of land.  Is that					
		going to stay or go away?			
Mr.	Hooker:  No.					
Mr.	Scheerer:	Does it need to be included in the aquatic quote?		
				
Mr.	Hooker:	Yes.  I sent out a plat with three tracts.	It came in late this afternoon.  So,		
					
there are three ponds.						
Mr.	Scheerer:	Not	I thought there were two originally.  There are actually four.		
		two?			
We							
looked at the one that Keith was just describing, and in the event that we		
					need to add that at		
some							
point, we will al a carte them on a price.  Whichever one is ready, we will go ahead and		
approve, and whichever ones aren't, we	will add at a later	date, but we will already have the		

pncmg.							

Mr.  Trace:	I didn't see anything about	inspecting the Tot Lot.	I		
					
usually have someone check safety-wise, to make sure that something is not		
that in the scope about the tot lot and the little covered area.			

don't know if broken. I didn't

you see

Mr.

Hooker:	Yes, it is.

Mr.	Trace:	Because it's on				
		CDD property, we are			
			liable if the slide is		
slides down and hurts himself.  Is this big green portion here, CDD property?		
Mr.	d'					
	Adesky:  Has it been				
		conveyed to the District?			
Mr.	Trace:	It's on there as being maintained by this	I didn't		
			contract.			
CDD property.					
Mr.	d'					
	Adesky:  I will double				
		check with Warren.				
Mr.	Scheerer:  Or the Exhibit is just				
		inaccurate.  We can check.			
Mr.	Trace:	That's				
		why I like to see pictures.				
Mr.	d' Adesky:  We can				
		approve it, subject to that confirmation.			
Mr.	Trace:	It doesn't look like it's in the scope,	but			
			once its certified to		
the District will take over maintenance.				

broken and a kid

know if that was

the District, then

3

October 3, 2018	TohoquaCDD		

On	Hooker,		
MOTION by Mr. Trace, seconded by Mr.			
favor, ratifying the Landscape Maintenance Agreement		
Tee, subject to			
verification of the number of ponds, Tot		
covered area, was approved.			

with all in
with Earth

Lot and the

FIFTH ORDER OF BUSINESS

A.	Attorney

Staff Reports

Mr.

Smith:

Andrew,

do

you have anything else?

Mr.

d'

Adesky:

There may be one item.	I recall that the notice from the last meeting was	

reasonable, but under the

seven-day threshold,

because

we

had the bona fide

deadline

on

the

15

th

,

we had to re-schedule the meeting.	Under Chapter 189,  190, we have to advertise within a

seven-day  window.

If

not,

if

there's no bona fide  window,  we are  allowed to  hold it with

reasonable notice, but we actually have to ratify the actions taken at the		
Board is amenable, I propose that the Board ratify all actions taken at the		
meeting.					
Mr. Trace:  The	minutes	don't	do that?		

last meeting. September 13,

If the 2018

Mr.

d'Adesky:	No.

That's

just

approval

of

the minutes, but because that was actually a

meeting that took place under less affirmative vote to ratify those actions. that Chapter 190, which requires us to

than  seven  days'  notice,  we  actually  have  to  have  an Once again, we were under two deadlines; the first one is adopt the budget before October 1st and second, we have

the for

County	of September		
deadline			
us to hold that meeting.		

15

th	•		

Both

of

those together qualify as a bona fide situation

Mr.

Flint:

We

need

a motion to

ratify

the

Board's

actions.

Mr.

Mr.

Trace: Do d' Adesky:

we need to hold any public comment?

No.	There's no public here.

Mr.

Flint:

That's

a good question.

On	Mr.			
MOTION by		Trace, seconded		
favor, ratifying the Board's actions that		
13, 2018 meeting, was approved.		

by Mr. Vidrine, were taken at the

with all in

September

Mr. d' Adesky:

make sure that we have

I will work with Andre and Eric to what we need to have.

confirm all

of

the conveyances, to

4

October 3, 2018	TohoquaCDD		

B.	Engineer

Mr.

Mr.

Mr.

Mr.

Flint:  Eric, do you have anything on

Warren:	I don't have anything new.

Flint:  Are there any questions for the

Trace:  No.

the Engineer's side?

District Engineer?

C.

District Manager's Report		
i.	Balance Sheet and Income Statement		

Mr. Flint:

31, 2018.	If there

You have the combined Balance Sheet and Income Statements through August are any questions, we can discuss those. There is no approval for those.

ii.

Consideration

of

Funding Request #11

Mr.																
	Flint:  We have Funding Request #11.								
Mr.																
	Trace:  There is an invoice for Egis Insurance.  Is this the				
													CDD's policy?		
Mr.	d'				Yes, for Governmental liability							
	Adesky:		insurance.	It is	for	your Supervisor's		

liability and general liability.												
Mr.	Trace:	I	thought it was around $2,000, but its more.					
									
Mr.	Flint:  The standard policy is about $5,000.  This is your general liability and public		
			
officials' liability coverage.  Once we get property, it							
										needs to be insured.				
Mr.	Trace:  What												
					about the ponds?										
Mr.	d'																
	Adesky:  Yes, it would cover that.								
Mr.	Flint:		We typically  don't	insure  the  ponds.   The  only thing that you have  are		
									
concrete structures that have a 50-					It							
					year life span.								
										could be for fences, amenities, monuments		
and street lights.  The liability is covered for the ponds.							
Mr.	Trace:  Is landscaping in there?									
Mr.	Flint:  No.	Landscaping is not insured after the	storms of 2004/2005.		

Mr.	Trace:		No	one insures anymore?									
Mr. Flint:		You can probably insure	anything, if	you					
												pay enough, but they are typically		
not writing policies for	insurance.  We haven't								
									seen landscape insurance coverage.		
Mr.	Scheerer:		Any assets that	are going to be conveyed to the District, we may need		
								
construction costs	for, so we can get those	insured as well.						

5

October 3, 2018	TohoquaCDD		

Mr.

are $8,000

Flint:

each.

It also includes lightning strikes.

Those are covered.

Irrigation controllers,

in

some communities,

Mr.

Mr.

Mr.

Mr.

d'Adesky:	Some of the trees are				
			covered after installation.		
Flint:  The first year is covered.				
Trace:	I don't think					
		Acts of God are covered.				
d' Adesky:	Through the contractor, not through insurance.		
				
On	MOTION by Mr.	Trace, seconded by	Mr.	Vidrine,		
favor, Funding Request #11, was approved.			

with

all

in

Mr. Flint:

local Government

Mr. Trace:

The insurance is purchased through the insurance trust fund.  They insure close This is the first time I have seen them.

Florida Insurance Alliance, which is a

to 400 of the 600 CDDs.

I remember seeing them in budgets.

SIXTH ORDER OF BUSINESS	Other Business	
There being none, the next item followed.		
SEVENTH ORDER OF BUSINESS	Supervisors Requests	
There being none, the next item followed.		
EIGHTH ORDER OF BUSINESS	Adjournment	

Mr.

Flint:

If

there's nothing further, we need a motion to adjourn.

On MOTION by Mr. Vidrine, seconded by favor, the meeting was adjourned.

Mr.

Hooker, with all in

Secretary

I

Assistant

Secretary

6