Tomoka Community Development District 12051 Corporate Boulevard, Orlando, FL 32817; 407-382-3256 http://tomokacdd.com The next meeting of the Board of Supervisors for the Tomoka Community Development District will be held Thursday, November 15, 2018 at 10:15 a.m. at the Hampton Inn, 150 Flagler Plaza Drive, Palm Coast, Florida 32137. The following is the proposed agenda for this meeting. Conference Call Number: Dial-In: 1-855-747-8824 Code: 859458 Board of Supervisors Meeting A. Organizational Matters Call to Order Roll Call Public Comment Period B. Business Matters 1. Swearing in Newly Elected Board Members 2. Consideration of Minutes of the July 17, 2018 Board of Supervisors Meeting 3. Consideration of Resolution 2019-01, Registered Agent 4. Consideration of Resolution 2019-02, Canvassing and Certifying the Results of the Landowners Election 5. Consideration of Resolution 2019-03, Electing District Officers 6. Appointment Auditor Selection Committee 7. Ratification of Payment Authorizations 2018-12 2018-19 8. Review of District Financial Statements (under separate cover) C. Staff Reports District Counsel District Engineer District Manager D. Audience Comments and Supervisors Requests E. Adjournment
TOMOKA COMMUNITY DEVELOPMENT DISTRICT Swearing in Newly Elected Board Members
TOMOKA COMMUNITY DEVELOPMENT DISTRICT BOARD OF SUPERVISORS OATH OF OFFICE I, A CITIZEN OF THE STATE OF FLORIDA AND OF THE UNITED STATES OF AMERICA, AND BEING EMPLOYED BY OR AN OFFICER OF THE TOMOKA COMMUNITY DEVELOPMENT DISTRICT AND A RECIPIENT OF PUBLIC FUNDS AS SUCH EMPLOYEE OR OFFICER, DO HEREBY SOLEMNLY SWEAR OR AFFIRM THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES AND OF THE STATE OF FLORIDA. Board Supervisor ACKNOWLEDGMENT OF OATH BEING TAKEN STATE OF FLORIDA COUNTY OF FLAGLER The foregoing oath was administered before me this day of, 2018, by, who personally appeared before me, and is personally known to me or has produced as identification, and is the person described in and who took the aforementioned oath as a Member of the Board of Supervisors of the Tomoka Community Development District and acknowledged to and before me that he/she took said oath for the purposes therein expressed. (NOTARY SEAL) Notary Public, State of Florida Print Name: Commission No.: Expires:
TOMOKA COMMUNITY DEVELOPMENT DISTRICT Consideration of Minutes of the July 17, 2018 Board of Supervisors Meeting
MINUTES OF MEETING Tomoka Community Development District Board of Supervisors Meeting Hampton Inn: 150 Flagler Plaza Drive, Palm Coast, FL Tuesday, July 17, 2018 at 10:00 a.m. Present and constituting a quorum: Dennis Hoffman Assistant Secretary Amos (Gooch) Cheatham Vice Chairman Dennis Veraldi Assistant Secretary Ali Kargar Chairman (via phone) Also, present were: Vivian Carvalho Margie Hall Dick Smith Katie Buchanan Fishkind & Associates- District Manager Plantation Bay & West Lake- Community Manager- ICI Homes Hopping Green & Sams- District Counsel (via phone) FIRST ORDER OF BUSINESS Business Matters Call to Order This meeting was called to order at 10:10 a.m. and roll call was initiated. Quorum was established with the attendance of Board Members Dennis Hoffman, Gooch Cheatham, and Dennis Veraldi. Others in attendance are listed above. There were no members of the public present. Public Comment Period Consideration of Minutes of the April 17, 2018 Board of Supervisors Meeting The Board reviewed the minutes of the April 17, 2018 Board of Supervisors Meeting. Ms. Carvalho noted that Ms. Hall mentioned that there is a change to Page 4 of the minutes which is a scrivener errors.
On MOTION by Mr. Hoffman, seconded by Mr. Cheatham, with all in favor, the Board approved the Minutes of the April 17, 2018 Board of Supervisors Meeting, as amended. Review and Acceptance of the Fiscal Year 2017 Audit Report Ms. Carvalho explained that Ms. McCarrick with ICI is the individual reviewing all the audits. Ms. Carvalho noted that the Board does not have to approve the Audit Report because District staff must file the report with the State prior to June 1 st. Ms. Carvalho requested a motion from the Board to accept the Fiscal Year 2017 Audit Report subject to Ms. McCarrick s final review. On MOTION by Mr. Cheatham, seconded by Mr. Hoffman, with all in favor, the Board accepted the Fiscal Year 2017 Audit Report Subject to the Final review by Ms. McCarrick prior to posting on the website. Letter from Supervisor of Elections Flagler County Ms. Carvalho stated that there is no action necessary to take. She explained that each year the District receive a roaster from the Supervisor of Election indicating how many registered voters reside within the boundary of the District. She stated that it becomes extremely important because this year the District will be having a General Election. Ms Carvalho stated that per Florida Statute 190 the seats transition to General Election when the District have met the criteria of s 250 registered voters living in the District and 6 years from the point of establishment of the District. Ms. Carvalho noted that last two seats will be part of the General Election and the Board will start its transition to a resident controlled Board. Ms. Carvalho explained that three seats are up for election this year. One of the three seats will be elected at a Landowner Election and the other two will be elected at the General election and be controlled by residents. She noted that Seat 5 will be under the Landowner Election and the other two seats will be under the General Election. The Board asked what that means. Ms. Carvalho responded that prior to the meeting today she checked to see in
Flagler County if anybody during the qualifying period signed up to become on the Board for the District. She stated that she did not believe that anybody did. She explained that come November the District will have a Landowner Election and the Landowner proxyholder will appoint Seat 5. Ms. Carvalho stated that if no one from the District submitted their interest during the qualifying period for the two seats then the Board would vote to appoint those two seats if nobody qualifies and fill the vacancies accordingly. The Board Members serving on the seats did not submit their interest to requalify for the seats. They asked Ms. Carvalho how they know that there is a qualifying period. Ms. Carvalho stated that it is advertised in the paper and there are two consecutive runs. Ms. Buchanan confirmed that no resident of the District submitted interest during the qualifying period. Ms. Buchanan stated that the Board will appoint the two vacant seats. A Board Member asked if the Board Members would have chosen to submit interest during the qualifying period would they have had to go out and get a petition signed and or put up the money to do that. Ms. Carvalho stated that there is a $25.00 fee. Mr. Hoffman stated that unless the individual is going to raise campaign funds then they do not have to do some of the filing but they do have to pay the $25.00 filing fee and another fee after the election to be on the Board. Ms. Carvalho stated that the process is in place in case there are multiple homeowners interested in that particular seat. Ms. Carvalho stated that Tomoka does not have anyone running for the General Election. Mr. Hoffman asked if there is always a Landowner seat. Ms. Carvalho stated that the resolution of the vacancy is that Seats 3 and 4 are part of the General Election and the Landowner controlled seat is Seat 5 which is a 4-year term and in 4 years Seat 5 will be turned over to be part of the General Election and there will be no more Landowner Election. A Board Member asked about the General Election threshold. Ms. Carvalho stated that a minimum of 250 registered voters and 6 years of District establishment starts the process and this District is way past that threshold so in 2018 there will be some seats for General Election and in 2022 all seats will be turned over to a complete resident-controlled Board and until then a Landowner still has the right to appoint someone. Consideration of Resolution 2018-04, Designating a Date, Time and Location for the 2018 Landowners Meeting
Ms. Carvalho stated that Mr. Smith is a representative of the Developer. She asked if he was going to be the one present for that meeting or if it would be someone else. She also asked if he had a suggested date for the Landowners Election. Mr. Smith said that he can be present and asked if the District has a November meeting. Ms. Carvalho responded that the District does not have a November meeting yet and later on the agenda the Board will create the Fiscal Year 2019 Meeting Schedule. Mr. Smith stated that it would be convenient if it can be concurrent with the November Board of Supervisors Meeting. Ms. Carvalho stated that she had a suggested meeting date of November 20, 2018 but it is the week of Thanksgiving. Ms. Carvalho said that she can push it back to November 15, 2018. Mr. Smith stated that 10:00 a.m. will work for him. Ms. Carvalho asked if the date works for the Board. She will have to confirm if this location is available. She noted that is the meeting in which she will administer the oath of office to the newly appointed Board of Supervisors since the General Election would have already occurred. Ms. Carvalho requested a motion to approve Resolution 2018-04. On MOTION by Mr. Cheatham, seconded by Mr. Hoffman, with all in favor, the Board approved Resolution 2018-04, Designating November 15, 2018 at 10:00 a.m. at this location as the Date, Time and Location for the 2018 Landowners Meeting. Consideration of Resolution 2018-05, Declaring Vacancies on the Board Ms. Carvalho asked Ms. Buchanan thought that the Board needed to approve this resolution or if it was not necessary. Ms. Buchanan stated that she thinks that the Board should approve it. Ms. Carvalho explained that Resolution 2018-05 declares vacancies on the Board due to the fact that no one signed up during the qualifying period. So, after the November 6, 2018 General Election those two seats will be rolled over and appointed by the Board. A Board Member asked the effective date of the vacancy. Ms. Buchanan responded that it is November 20, 2018. Ms. Carvalho requested a motion to approve Resolution 2018-05. On MOTION by Mr. Hoffman, seconded by Mr. Veraldi, with all in favor, the Board approved Resolution 2018-05, Declaring Vacancies on the Board.
Ms. Carvalho requested a motion to open the public hearing. Public Hearing on the Adoption of the District s Annual Budget a) Public Comments and Testimony b) Board Comments c) Consideration of Resolution 2018-06, Adopting the Fiscal Year 2019 Budget and Appropriating Funds On MOTION by Mr. Hoffman, seconded by Mr. Cheatham, with all in favor, the Board opened the Public Hearing. Ms. Carvalho explained that this budget has been reviewed by the Developer and District staff. Mr. Smith reviewed the budget with the Board. Ms. Smith asked what the assessment was last year. Ms. Buchanan stated that on the website she has $292.94 for the Fiscal Year 2018 O & M assessments. Mr. Hoffman asked if the difference between the net and gross had to do with the discount residents get for paying early. Ms. Carvalho replied that it is and the District will not know if residents are going to pay at an early discount or the last payment which is March 31, 2018. The total budget for this year is $225,500.00 vs. last year at $206,522.00 and it is not offset totally by the number of new residents so there is a slight increase that is being proposed. It is a $20.00 increase for Fiscal Year 2019. Mr. Smith stated that the items that change over last year s budget are the Trustee Fees, the District Counsel, and the Assessment Roll. Mr. Smith sated that he was not sure why those changed. Ms. Carvalho responded that they changed due to contractual obligations. Mr. Smith stated that the big number he wants the Board to focus on that got raised was the Stormwater Repair & Maintenance which went from $5,000.00 to $25,000.00 and he stated that the reason for the increase is that the Strickland Canal that runs East/West between West Lake Drive and North South between West Lake Phase 5 and West Lake Phase 7 have a lot more maintenance involved to keep the vegetation and debris out of the area. A lengthy discussion ensued on the Stormwater Repair & Maintenance. Mr. Smith stated that
the District will have to start cleaning out the canal and it is very critical to the preparation for storms. Mr. Cheatham stated that at the last meeting that line item was raised from $5,000.00 to $20,000.00. Mr. Smith stated that he and Ms. McCarrick looked at it yesterday and increased it to $25,000.00 but reduced the Landscape Maintenance from $40,000.00 to $30,000.00 and they also bumped up the Repair & Maintenance Contingency line item. Mr. Smith felt he needed more than $20,000.00 for the Stormwater Repair & Maintenance line item to give him more flexibility and if he cleans more this year there will be less to do the following Fiscal Year. Ms. Carvalho explained that every year Ms. McCarrick looks at the cashflow in terms of how much cash at the end of the year after paying all the expenses the District anticipates to have. On a conservative approach the District utilize the remaining amount to carry forward to offset the expenses that is anticipated for the District to incur in the first 3 months of the new Fiscal Year. This helps to pay for the reoccurring Operation & Maintenance expenses until such time the District receive disbursements from the tax collector. In addition, any remaining excess funds from the prior Fiscal Year is utilized to reduce the overall Operation & Maintenance Budget. Ms. Carvalho stated that District staff cannot guarantee that the assessment level will be the same next year. A Board Member asked if the individual assessment level will go down with the number of new residents moving into the community. Ms. Carvalho stated that is does not go down however it might overtime level it out since the District will be in a better position overtime the cost of maintaining all District properties. She explained how the assessment process differs between an HOA and a CDD. Ms. Buchanan asked if the District is increasing assessments from last year. Mr. Smith stated that it is increasing. Ms. Buchanan asked if the District is still below the noticed threshold cap. Ms. Carvalho responded that the District is still below the noticed cap. A Board Member thought that the assessments would go down because if the new Bonds that are issued, Ms. Carvalho explained that the Bonds are a completely different amount from the Operation & Maintenance Budget that we are discussing. Ms. Carvalho stated that if the District ever exceeds the threshold cap the District will have to go through the process of re-noticing homeowners of the amount and it requires different type of advertisement that has to be done as well as a different type of public hearing that must occur. Ms. Carvalho requested a motion to close the public hearing. On MOTION by Mr. Hoffman, seconded by Mr. Cheatham, with all in favor, the Board closed the Public Hearing.
Ms. Carvalho explained that this Resolution outlines the Budget that Mr. Smith reviewed along with the Debt Service Funds for Series 2017A that will be collected during the Fiscal Year 2019. Ms. Carvalho requested a motion to approve Resolution 2018-06. On MOTION by Mr. Cheatham, seconded by Mr. Hoffman, with all in favor, the Board approved Resolution 2018-06, Adopting the Fiscal Year 2019 Budget and Appropriating Funds. Consideration of Resolution 2018-07, Imposing Special Assessments and Certifying an Assessment Roll Ms. Carvalho explained that the Assessment Roll outlines the O & M assessment based on the assessment maintenance revenue income for 2019 and the Debt Service and the total will be certified to the Tax Collector for collection. She stated that the assessment roll is in preliminary form and her office along with ICI Homes will finalize the roll prior to submittal to the tax collector for collection. A Board Member asked if the differences in assessment amounts depend upon when a homeowner bought their homes. Ms. Carvalho responded that it depends on the Assessment Methodology. She explained the ERU is assigned to a lot based on the size of the front footage. The Board Members compared their assessments to one another. Ms. Carvalho explained that the Debt Service amount is a fixed amount and it is a 25-30-year Bond. She asked if there were any other questions regarding the Assessment Roll. There were none Ms. Carvalho requested a motion to approve Resolution 2018-07. On MOTION by Mr. Hoffman, seconded by Mr. Veraldi, with all in favor, the Board approved Resolution 2018-07, Imposing Special Assessments and Certifying an Assessment Roll. Review & Consideration of Hopping Green & Sams Fees Ms. Buchanan explained that every 3-4 years her firm requests that lawyers within the firm adjust their fee schedules. Upon review of the contract with the District it is allowable for her firm to increase the fee amount for up to $15.00 per year without objection from the
Board but her preference is always to wait 3-4 years so that the District does not get hit with an increase every year. She stated that this is a True-Up mechanism on her part. She stated that she does not suspect that it will affect the District s budget line item even with the amended budget that the Board has in front of them today. There were no questions or comments. Ms. Carvalho requested a motion to approve the Hopping Green & Sams Fee letter as presented. On MOTION by Mr. Cheatham, seconded by Mr. Hoffman, with all in favor, the Board approved the Hopping Green & Sams Fee letter as presented. Ratification of Payment Authorization Numbers 2018-07 2018-11 Ms. Carvalho explained that the payment authorizations are all contractual obligations fees within the Operations and Maintenance Budget. She noted that the prior to the meeting today the District Chair has reviewed these fees and she requested a motion to ratify the action. Mr. Cheatham asked about the spelling of the name of the company listed as item 2 under Payment Authorization 2018-07. Ms. Carvalho stated that it should be Fountain Design Group. The Board Members discussed their fees. There were no questions regarding the fees. Ms. Carvalho requested a motion to ratify Payment Authorization Numbers 2018-07 2018-11. On MOTION by Mr. Cheatham, seconded by Mr. Hoffman, with all in favor, the Board ratified Payment Authorization Numbers 2018-07 2018-11. Review of District Financial Statement The Board reviewed the Financial Statements. No action was necessary and there were no questions or comments.
SECOND ORDER OF BUSINESS Other Business Staff Reports District Counsel No Report District Engineer Not Present District Manager Ms. Carvalho explained that the Board must set its Fiscal Year 2019 Meeting Schedule. She stated that for the November meeting District staff is suggesting holding the first meeting in the Fiscal Year in November instead of October. She asked if the remaining dates work for everyone on the Board. She asked if they want to hold it at this location at 10:00 a.m. or keep it at 11:00 a.m. One of the Board Members asked if the dates were Tuesdays or Thursdays. Ms. Carvalho stated that they are Thursdays and a discussion took place regarding changing the day of the week to Tuesday. The meetings will take place on Thursday, November 15, 2018, Tuesday January 8, 2019, Tuesday April 9, 2019 and Tuesday July 9, 2019. Ms. Carvalho explained that the April meeting will probably be the proposed budget meeting and July meeting will be the public hearing for the final adoption of the Fiscal Year 2019 Budget. Ms. Carvalho will send out calendar invites to everyone. The Board discussed that the January meeting is one that might be cancelled. THIRD ORDER OF BUSINESS Audience Comments and Supervisors Requests There were no audience comments or Supervisor requests. FOURTH ORDER OF BUSINESS Adjournment There was no further business to discuss at this time. Ms. Carvalho requested a motion to adjourn. On MOTION by Mr. Hoffman, seconded by Mr. Veraldi, with all in favor, the April 17, 2018 Board of Supervisors meeting of the Tomoka CDD was adjourned.
Secretary/Assistant Secretary Chairperson/Vice Chairperson
TOMOKA COMMUNITY DEVELOPMENT DISTRICT Resolution 2019-01, Registered Agent
RESOLUTION 2019-01 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE TOMOKA COMMUNITY DEVELOPMENT DISTRICT AUTHORIZING AND APPROVING CHANGE OF DESIGNATED REGISTERED AGENT AND REGISTERED OFFICE OF THE TOMOKA COMMUNITY DEVELOPMENT DISTRICT. WHEREAS, the Tomoka Community Development District (hereinafter the District ) is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within Flagler County, Florida; and WHEREAS, the District is statutorily required to designate a registered agent and a registered office location for the purposes of records keeping and accepting any process, notice, or demand required or permitting by law to be served upon the District in accordance with 189.014(1), Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE TOMOKA COMMUNITY DEVELOPMENT DISTRICT: Section 1. Vivian Carvalho of Fishkind & Associates, is hereby designated as Registered Agent for the District. Section 2. The District s Registered Office shall be located at Fishkind & Associates, 12051 Corporate Blvd., Orlando, Florida 32817 and whose telephone number is (407) 382-3256. Section 3. In accordance with Section 189.014, Florida Statutes, the District s Secretary is hereby directed to file certified copies of this resolution with Flagler County and the Florida Department of Economic Opportunity. Section 4. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED THIS TH DAY OF, 2018. ATTEST: TOMOKA COMMUNITY DEVELOPMENT DISTRICT SECRETARY/ASST. SECRETARY CHAIRMAN/VICE CHAIRMAN
TOMOKA COMMUNITY DEVELOPMENT DISTRICT Resolution 2019-02, Canvassing and Certifying the Results of the Landowners Election
RESOLUTION 2019-02 A RESOLUTION CANVASSING AND CERTIFYING THE RESULTS OF THE LANDOWNERS ELECTION OF SUPERVISORS OF THE TOMOKA COMMUNITY DEVELOPMENT DISTRICT HELD PURSUANT TO SECTION 190.006(2), FLORIDA STATUTES WHEREAS, following proper publication of notice thereof, such landowners meeting was held November 15, 2018 at which the below recited persons were duly elected by virtue of the votes cast in their respective favor; and WHEREAS, this Resolution canvasses the votes and declares and certifies the results of said election; NOW, THEREFORE, BE IT RESOLVED BY THE LANDOWNERS AND BOARD OF SUPERVISORS OF THE TOMOKA COMMUNITY DEVELOPMENT DISTRICT; 1. The following persons are found, certified, and declared to have been duly elected as Supervisors of and for the District, having been elected by the votes cast in their favor as shown, to with: Votes 2. In accordance with said statute, and by virtue of the number of votes cast for the respective Supervisors, they are declared to have been elected for the following terms of office: Four (4) Year Term 3. Said terms of office shall commence immediately upon the adoption of this Resolution PASSED AND ADOPTED THIS 15 th DAY OF NOVEMBER, 2018.
Chairperson TOMOKA COMMUNITY DEVELOPMENT DISTRICT ATTEST: Secretary
TOMOKA COMMUNITY DEVELOPMENT DISTRICT Resolution 2019-03, Electing District Officers
RESOLUTION 2019-03 A RESOLUTION OF THE BOARD OF SUPERVISORS OF TOMOKA COMMUNITY DEVELOPMENT DISTRICT RE-DESIGNATING THE OFFICERS OF THE DISTRICT, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Tomoka Community Development District (hereinafter the District ) is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes,; and WHEREAS, the Board of Supervisors (hereinafter the Board ) previously designated the Officers of the District; and WHEREAS, the Board now desires to re-designate certain Officers. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF TOMOKA COMMUNITY DEVELOPMENT DISTRICT THAT: Section 1. is appointed Chair is appointed Vice Chair is appointed Secretary is appointed Assistant Secretary is appointed Assistant Secretary is appointed Assistant Secretary Section 2. forthwith rescinded. All prior designations which are inconsistent with the designations herein are Section 3. This Resolution shall become effective on November 15, 2018. PASSED AND ADOPTED THIS 15 TH DAY OF NOVEMBER, 2018. TOMOKA COMMUNITY DEVELOPMENT DISTRICT ATTEST: CHAIR ASSISTANT SECRETARY
TOMOKA COMMUNITY DEVELOPMENT DISTRICT Appointment Auditor Selection Committee
TOMOKA COMMUNITY DEVELOPMENT DISTRICT Ratification/Consideration of Payment Authorizations 2018-12 2018-19
9/18/2018
9/18/2018
9/18/2019
9/18/2019
9/19/2018
TOMOKA COMMUNITY DEVELOPMENT DISTRICT Review of District Financial Statements (under separate cover)