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 Osceola Branch Library, 305 Campus Street, Kissimmee, FL.

1,

2017  at  9:00  a.m.  at the  West

Present and constituting a quorum were:			
Andre Vidrine	Chairman		
Marcus Hooker	Vice Chairman		
Keith Trace	Assistant Secretary		
Kaitlyn Noyes	Assistant Secretary		
Also present were:			
George Flint	District Manager		
Darrin Mossing, Jr.	GMS		
Andrew d' Adesky	District Counsel		
Eric Warren	District Engineer		
Jo Thacker	Developer's Counsel		

FIRST

ORDER

OF

BUSINESS

Roll Call

were

Mr. Flint 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 the creating ordinance names the Members; however, you are required to have a Landowners' election within so Organizational Meeting.

November I, 2017	TohoquaCDD		

the

Mr.

Oath of

Flint being a Office to Mr.

Notary Public ofthe Vidrine, Mr. Hooker,

State Mr.

ofFlorida and duly authorized, administered Trace and 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	votes, and Keith Trace, James		
reflect that Marcus P. Hooker and Andre Vidrine received 71			
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,		
				
favor, Resolution 2018-01, Canvassing and Certifying		
of the	Landowners' Election, was adopted.		

with all in

the Results

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	You can keep the same		
		Treasurer.			
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.		

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November

1,

2017

TohoquaCDD

On MOTION by Mr. Trace, favor, Resolution 2017-20, nominated, was adopted.

seconded by Ms. Noyes, with all in Electing  Officers,  as  previously

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, we need a motion to approve them.

On MOTION by Mr. Trace, favor, the minutes of the presented, were approved.

seconded by September

Mr. 25,

Hooker, with all in 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	
Budget and	Resolution 2018-03 Adopting the	
Relating to the Annual Appropriations	

Fiscal Year 2017

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:   This	keeps  us  from  getting	a		
						
Auditing Committee.					
	Mr.  Trace	MOVED  to  adopt  Resolution		
				
	Fiscal Year 2017 Budget and the Annual		
	Vidrine seconded the motion.			

nasty  letter from  the  Joint Legislative

2018-03,  Adopting  the
Appropriations, and Mr.

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November 1, 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 Resolution 2018-04	Adopting the Fiscal Year 2018	
Budget and 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.				

would outline

Mr.	d' Adesky:  We			I		
	reviewed them and they are consistent with the statutes from 2017.			
note that, as we have had a	number	of bid protests in other			
			Districts, the rules clearly		
the procedure for such protests and				
		which types of bids are not subject to protest rights.			

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November

1,

2017

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				of		
District's Intent to Utilize the Uniform Method			
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 Methodology, and expressed your intent to impose assessments on land within the District. This public hearing was advertised in accordance with the statutes.

5

November

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2017

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		funded by the District.				
eventually be					
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.	I	don't think I ever approved one of these					
	Vidrine:			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 at this		
							
meeting allows us to get it included.								
Mr.	Vidrine:	I	understand that the property is going to be	annexed into the City of St.		

Cloud at some point.  Is there			that's					
			anything in this report						
							affected by such annexation?		
Mr.	d'											
	Adesky:  In the Engineer's Report?							
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.												

6

November

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2017

TohoquaCDD

Mr.

Vidrine:

The water,

sewer and reclaimed utilities are owned

by

the

City

of

St. Cloud.

I just

didn't

know

if

the spec roadways would change the cost.

Mr.

Warren:

No,

not

substantially.

Mr.			
Vidrine:  Do we need a motion?		
Mr.  d'Adesky:    Yes.	The  Engineer's  Report		
			
Resolution 2018-07 should be sufficient.		

was

approved.	A	motion	to	adopt

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. Thacker:	I just				
		wanted to make sure that there			
			would not be an assessment		
bonds were issued.  If the 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 your.Interim 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 1, 2017	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.	
favor,  selecting  Poulos  &	Bennett,  LLC  to	
Engineering  Services,   and  authorizing  staff	
agreement, was approved.		

Trace, with all in	
provide  District	
to	negotiate   an	

SEVENTH ORDER OF BUSINESS	Consideration	of	Resolution		
					
	Ratifying  the  Execution  of  the		
	Agreement with Osceola County		

2018-08 Interlocal

Mr.

Flint:	As part

of

the creating ordinance, there is a requirement that an Interlocal

Agreement

Mr.

be entered d' Adesky:

into.

Correct.	There is a new requirement that Osceola County imposed, that

we have an Interlocal Agreement		of which we		
	regarding notices, much			
			do anyways.  We are just		
putting them into writing.  We .finalized the changes from what we agreed upon months ago,		
when the District was about to be				
	formed.  It took a while for them to get it into recording.  Now		
that it's done, we are just ratifying their action and				
	sending it over to them to have it recorded.		
Mr. Flint:  Are there any questions on the Resolution or Interlocal Agreement?  If not, we		
need a motion to adopt Resolution 2018-08.				
On	MOTION by Mr. Vidrine, seconded by	Mr. Trace, with all in		
				
favor, Resolution 2018-08, Ratifying the	Execution of the Interlocal		
Agreement with Osceola County, was adopted.		

EIGHTH ORDER OF BUSINESS	Staff Reports	
A.	Attorney		

Mr. Flint:	Andrew, do you have anything else?		
			
Mr. d' Adesky:  Nothing.	I am working with Mike on the validation.		
been fairly quiet.				

Other than that,

it's

B.	Engineer

Mr.

Mr.

Flint:  Eric, do you have anything else?

Warren:  Thank you for selecting Poulos & Bennett to serve as District Engineer.

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November

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TohoquaCDD

C.

District Manager's Report		
i.	Consideration of Funding Request #1		

Mr.

Flint:	This is for Fiscal Year 2018, to fund the annual fee

that

we pay the

State

of

Florida, District Management Fees, Board of any questions on the Funding Request? If not,

On MOTION by Mr. Vidrine, favor, Funding Request #1, was

Supervisors Fees and Attorney's we need a motion to approve it.

seconded by Mr. Trace, with all approved.

Fees.	Are there

in

NINTH ORDER OF BUSINESS

There being none, the next item followed.

Other Business

TENTH ORDER OF BUSINESS

There being none, the next item followed.

Supervisors Requests

ELEVENTH ORDER OF BUSINESS

Adjournment

Mr.

Flint:

If

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

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

Mr.

Vidrine, with all in

Secre

I

Assistant Secretary

9