poinciana community development district agenda package january
Transcription
poinciana community development district agenda package january
Agenda Page 1 POINCIANA COMMUNITY DEVELOPMENT DISTRICT AGENDA PACKAGE JANUARY 25, 2016 Agenda Page 2 Poinciana Community Development District Severn Trent Management Services 210 N. University Drive, #702, Coral Springs, FL 33071 Tel: 954-753-5841; Fax 954-345-1292 January 18, 2016 Board of Supervisors Poinciana Community Development District Dear Board Members: A joint meeting of the Board of Supervisors of the Poinciana Community Development District and the Poinciana West Community Development District will be held on Monday, January 25, 2016 at 1:00 p.m. in the Starlite Ballroom, 384 Village Drive, Poinciana, Florida. Following is the advance agenda for this meeting: Note: The District will not be considering any items related to the potential acquisition of community recreation facilities at the January 25th, 2016 joint board meeting. 1 . 2. 3. Call to Order and Roll Call Audience Comments Organizational Matters A. Appointment of Supervisor to Fill the Unexpired Term of Office (11/2018) B. Oath of Office of Newly Appointed Supervisor C. Consideration of Resolution 2016-02, Designating Officers of the District 4. Approval of the Minutes of the September 16, 2015 Meeting 5. Discussion Regarding Potential District Merger A. Conflict of Interest Waiver Relating to Potential District Merger B. Review of Merger Agreement 6. Discussion Regarding Restrictions on Use of Tunnels A. Review Notice of Rule Development B. Review Notice of Rulemaking 7. District Manager’s Report A. Presentation of Financial Statements B. Presentation of Check Register and Invoices C. Motion to Assign Fund Balance D. Consideration of Second Amendment to the Management Advisory Services Agreement with Severn Trent Environmental Services 8. Staff Reports A. Attorney B. Engineer C. Field Manager i. Field Management Report 9. Supervisor Comments 10. Audience Comments 11. Adjournment I look forward to seeing you at the meeting. If you need anything in the meantime, please do not hesitate to contact me. Sincerely, Gary L. Moyer/jb/ District Manager cc: Mike Eckert Kathy Leo Lindsay Whelan Robert Gang Brian Smith Agenda Page 3 Third Order of Business Agenda Page 4 3A. Agenda Page 5 From: William Land [mailto:[email protected]] Sent: Sunday, November 22, 2015 11:26 AM To: [email protected] Subject: Board Membership Mr. Moyer, I would like to introduce myself to you and express my interest in joining the CDD Board. Mary and I have lived in Solivita since 2008. I am on the Solivita Advisory Committee with Leonard Vento, served as President of the Indiana Friends Club, currently Treasurer of the Republican Club and will be Vice President next year. During my professional career I was with General Electric for 23 years in various financial positions. After my career at GE I joined Cognis Chemical (now BASF) in Cincinnati, Ohio and served as Chief financial Officer for the U.S. business. I retired in 2006 and began my own consulting firm before joining Tatum, LLC a firm specializing in providing companies interim CFOs. I have also served on boards in business and non profit organizations. If you need a reference, in addition to Leonard Vento, you may contact Skip Stellfox. I am very interested in joining the CDD Board. I would like to discuss the process of how to join the Board and the duties and responsibilities of the Board members with you. We will be out of town next week, returning December first. I would be available to discuss any opportunity to join the Board with you on my return. Regards, Bill Land 188 Torino Lane H: 407-414-4164 C: 513-256-6130 Agenda Page 6 3C. Agenda Page 7 RESOLUTION 2016-02 A RESOLUTION DESIGNATING OFFICERS OF POINCIANA COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of Supervisors of Poinciana Community Development District at a regular business meeting following the resignation of a Board of Supervisors member at the January 25, 2016 meeting, desires to appoint the below recited persons to the offices specified. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF POINCIANA COMMUNITY DEVELOPMENT DISTRICT: 1. The following persons were appointed to the offices shown, to wit: Chairman Vice Chairman Gary L. Moyer Secretary Robert Koncar Treasurer Stephen Bloom Assistant Treasurer Assistant Secretary Assistant Secretary _____________________________________ Assistant Secretary PASSED AND ADOPTED THIS 25th DAY OF JANUARY, 2016. ATTEST: POINCIANA COMMUNITY DEVELOPMENT DISTRICT ______________________________ Secretary __________________________________ Bob Zimbardi Chairman, Board of Supervisors 1 Agenda Page 8 Fourth Order of Business Agenda Page 9 MINUTES OF MEETING POINCIANA COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Poinciana Community Development District was held on Wednesday, September 16, 2015 at 1:00 p.m. in the Starlite Ballroom, 384 Village Drive, Poinciana, Florida. Present and constituting a quorum were: David Lane LeRue “Skip” Stellfox Richard W. Kellogg Donald A. Wright Vice Chairman Assistant Secretary Assistant Secretary Assistant Secretary Also present were: Gary Moyer Michael Eckert Kathy Leo Brian Smith Pete Deglomine Justin Reviczky Tony Iorio District Manager District Counsel District Engineer Severn Trent Services Clarke Services Mainscape AV Homes FIRST ORDER OF BUSINESS Call to Order and Roll Call Mr. Lane called the meeting to order and called the roll. He stated he is sitting in for Mr. Zimbardi. SECOND ORDER OF BUSINESS Audience Comments There not being any, the next item followed. THIRD ORDER OF BUSINESS Organizational Matters A. Acceptance of Resignation of Mr. Donald Wright B. Appointment of Supervisor to Fill Unexpired Term of Office (11/2018) C. Oath of Office of Newly Appointed Supervisor D. Consideration of Resolution 2015-11 Election of Officers Mr. Moyer stated this item may be a month too early. There is a letter from Mr. Wright in your agenda package indicating he expects to be moving out of the District on October 1st, which by the very nature of his not being a resident, will create a Unapproved 1 Agenda Page 10 September 16, 2015 Poinciana CDD vacancy. However, he is still a resident and entitled to serve in that capacity. These are the items we will go through at the appropriate time. There are a couple of ways we can do it. You can tell your neighbors and get interest that way. Those people who are interested, can send in a brief resume. We can also get a message in the local publication you all receive. Mr. Kellogg stated it is too late. It is already at the printers. Mr. Eckert stated Mr. Wright would like to participate in this meeting and perhaps at the very end of the meeting, he may resign and we can revisit this agenda item or he can stay on and when he actually moves, the letter can become effective. Mr. Wright stated I will remain until the end of the meeting. Mr. Eckert stated we can move this item towards the end and the Board can revisit it at that time. FOURTH ORDER OF BUSINESS Approval of the Minutes of the August 12, 2015 Meeting Mr. Lane stated each Board member received a copy of the minutes of the August 12, 2015 meeting and requested any additions, corrections or deletions. Mr. Kellogg stated on page 19, second line from the bottom, instead of bat nest it should ready bass nest. Mr. Stellfox stated on page 30 at the bottom, where it states, “Mr. Lane responded, “Yes, I have one”; that was me speaking. On MOTION by Mr. Kellogg seconded by Mr. Stellfox with all in favor the minutes of the August 12, 2015 meeting were approved as amended. FIFTH ORDER OF BUSINESS Consideration of Aquatic Maintenance Proposals Mr. Moyer stated at the last meeting we discussed this item and the direction from the Board was to have Mr. Deglomine go back, sharpen his pencil and try to help us out. Mr. Deglomine and I discussed a few approaches as I interpret his letter to treat all the aquatics at an acceptable level and reduce his price from $119,000 down to $98,000, which would be all inclusive and would include the hydrilla and whatever you need to do in that regard. Unapproved 2 Agenda Page 11 September 16, 2015 Poinciana CDD Mr. Deglomine stated this is true. Mr. Moyer stated the other thing I put on the table to Mr. Deglomine, which he indicated in his letter, was whether we could get further reductions if the Board was willing to pay additional fees if we ran into a problem. He indicated he would do that. I frankly think because Mr. Deglomine came down significantly, I am comfortable going with that. Mr. Lane asked do we have a letter to that effect saying what you just stated? Mr. Moyer responded we do. It is attached to what I handed out. On MOTION by Mr. Stellfox seconded by Mr. Kellogg with all in favor a contract with Clarke in the amount of $98,000 annual cost for aquatic management services was approved. SIXTH ORDER OF BUSINESS Consideration of Easement Agreement Regarding Access to Pond E-3 Mr. Lane stated we discussed this at the last meeting. We were concerned the maintenance people were going through there without the proper approval. I am assuming this is the proper approval. Mr. Eckert stated correct. What we have included here is probably the simplest easement agreement our firm has prepared. It basically gives the District the right to go over the 20’ strip of land to access the pond. It requires the District to repair any damage, but keep in mind, we also have an agreement with the contractor. document is in front of you. The I am uncertain that this has been approved by the homeowner yet, so, therefore, I would be asking that you approve in substantial form the version I have prepared. My understanding is the homeowner is amenable to provide access, but I do not know if they actually, physically said they approve of this particular document so I would like to get approval in substantial form in the event they come back with something else that we feel comfortable with. Mr. Kellogg stated this agreement is stating they will only be using the Borchini property and not going on the other side of the trees, which is the Gordon property, correct? Mr. Smith responded yes, however, I spoke with the Gordons and he was fine. Unapproved 3 Agenda Page 12 September 16, 2015 Poinciana CDD Mr. Kellogg stated if there is an opportunity you will be using in the future or at any point in time, the Gordon property, I feel we would need to execute a similar agreement with Scott Gordon. Mr. Eckert stated if they are amicable to it, of course. Mr. Kellogg stated I am not comfortable with he said, “Yes, we can use it”. I am not comfortable with that. Mr. Lane stated I would like to see a paper trail. Mr. Smith stated there is a possibility we might have to ask for backing the trailer down perhaps cross over the line a little bit. Mr. Kellogg stated let me make a statement that if there is a chance of whatever, I would prefer to get this taken care of now rather than wait. That way it is done. It is over and we don’t have to worry about it anymore. How do you feel? Mr. Eckert responded I would recommend a motion to approve this easement in substantial form and authorize staff to negotiate and the Vice Chairman to execute this easement and a similar easement with Mr. Gordon, property owner. On MOTION by Mr. Kellogg seconded by Mr. Stellfox with all in favor the easement in substantial form regarding access to Pond E-3 was approved and staff was authorized to negotiate and the Vice Chairman authorized to execute a similar easement with Scott Gordon, the property owner. Mr. Lane stated I have a question about this, in regard to these agreements, if the homeowner should sell their piece of property, is this in perpetuity or is this something we would have to renegotiate? Mr. Eckert responded no, the reason we did it as an easement that would be recorded is so it would run with the land and be an obligation when they sell the property. Mr. Kellogg stated this document would come up when a title search was being done in order to sell the property. Mr. Eckert stated that is correct. Mr. Deglomine stated I wanted to ask a quick question on what our responsibility will be in terms of contacting the resident. Is this something you will handle from the Unapproved 4 Agenda Page 13 September 16, 2015 Poinciana CDD Board or is it something we still have to get involved in? I already talked to him. Will I be presenting him this? Mr. Eckert responded I don’t think so. I think it should be a representative of the District that speaks with these people. I don’t think our office has had any direct contact with them nor do I think we necessarily should be the first point of contact. I suggest either the District Manager or Mr. Smith talk to them and following up on the conversations they have had with Mr. Deglomine. Mr. Deglomine stated we can do that, but I just want to make sure where I stand. Mr. Lane stated I think that is an appropriate approach. Mr. Eckert stated technically, in Mr. Deglomine’s contract, it is not really his responsibility to negotiate contracts on behalf of the District. SEVENTH ORDER OF BUSINESS Discussion Regarding District Merger Mr. Lane stated our next order of business is to discuss the merger prospect between Poinciana and Poinciana West. I know we have received documentation via email regarding payback period and what the cost would be to do the merger. Mr. Eckert stated we provided at the Board’s request a memorandum outlining the general documents relative to merger. There have been a few mergers of community developments in the past. Actually, we represented two of them at the Government Cabinet level. I would be glad to answer any questions. The memo was comprehensive. Your timeline is roughly one year from the start of negotiating a merger agreement between the two districts until hopefully you get an approval by Government and the Cabinet. You would have to go before the Government and the Cabinet for this particular merger. I know in addition to the time, the Board wanted to know what the anticipated cost savings were. I know Mr. Moyer’s office looked into that. I think for both districts it was approximately $50,000 per year projected. Again, those are projections at this point. A lot of it depends on where we can find additional cost savings. Finally, the Board had asked about the rate of recovery of transaction costs. How long would it take to get a return on the cost? We estimated that you are looking at, based on prior experience, $80,000 to $120,000 in legal fees for that year to run that process through to be split between the two districts. You are also going to have additional costs that may Unapproved 5 Agenda Page 14 September 16, 2015 Poinciana CDD come into play if you have changes to your assessment methodology in terms of O&M allocations. They will be a nominal cost and probably will not occur in that first year. They will probably occur after that. At that rate, say if you want to be conservative, we estimate three years before you recover the costs incurred in completing a merger. Mr. Lane stated in my mind three years in the corporate environment is a reasonable amount of return on investment. Mr. Eckert stated we work on an hourly basis so to the extent that we can reduce the amount of cost we will, but those are our projections. We had one that was at the $80,000 range and we had one that was about $150,000, but that one was extremely complex. It would not be as complex as yours. Mr. Kellogg stated I guess I know you will be presenting the same thing at Poinciana West and my opinion right now is, based on what I have seen, I would be in favor of moving forward with discussions on what to do. Mr. Eckert stated I don’t think the Board needs to make a motion. If there is a general consensus on the Board that they would like to move forward, I could talk to the Poinciana West Board to see if they feel the same way because it is a consensual issue. If they start feeling the same way, we can start putting the framework together for an agreement and outlining some of the issues as we see them normally addressed and be able to talk to you a little more in depth at the next meeting. Mr. Lane stated in regard to the Board members, I know ours are all elected, are they all elected as well? Mr. Eckert responded I think there is one landowners seat that still remains if I am not mistaken, which would be up in 2016. You would have to negotiate when you do the merger, what seats get elected after that. Mr. Lane asked how do you do that? Mr. Kellogg stated I think Mr. Lane’s question was, have the four Solivita residents on that Board been elected in the General Election or are they appointed? Mr. Eckert responded they were either elected or appointed by the other Board members to sit in those seats, but four are residents. Mr. Lane stated that is not my question. My question would then be when merging two districts, how do we merge the seats of these districts? Unapproved 6 Agenda Page 15 September 16, 2015 Poinciana CDD Mr. Eckert responded that is typically one of the biggest stumbling blocks in a merger, the negotiation between the districts on which supervisors remain. Because once a district is actually merged, it is the entire district who is electing the replacement supervisors; the entire enlarged district. It is really a negotiation of who is going to stay. Mr. Kellogg stated by looking at this the actual cost scenario when you look at the Poinciana CDD in size comparison with number of parcels versus Poinciana West, Poinciana West is basically one third the size of the Poinciana CDD, but yet the cost to operate the Poinciana West CDD is about 80% of the cost of what it takes for us to run the Poinciana CDD. So from a cost benefit standpoint, I believe there are other costs associated with it that are going to be able to give us more savings than what we are currently seeing. I understand your question, Mr. Lane, and I guess I am looking at it a little bit different. At this point in time, I do not really feel that the decision about who stays on the Board should be paramount in our discussion. I think it should be what is best for the Solivita Community and for the Poinciana Community Development Districts from a standpoint of getting the most for our money and making it as efficient as we possibly can. I know that is one of the first things, are we still going to be on the Board. Mr. Lane stated my concern is the management of the entire district. I think it is important that we have continuity and we manage the entire district in a pragmatic way. Mr. Stellfox stated the bond stays the same. Anybody on this new Board should be elected not having been appointed. I would like to go forward on this thing. Mr. Kellogg stated I have a question and I know it may be premature, at the current time with the size of this development, will there still have to be a representative of AV Homes on any Board during a merger? Mr. Eckert responded right now there is currently a Board member, Mr. Iorio, on the Poinciana West Board, who is entitled to sit in that seat until November 2016. If you started this process now and it lasts, let’s say, a year, you are going to be close to having those elections in 2016. He would be entitled to be on the Board throughout the process, but you are only looking at a month or two gap between when the Board completely turns over. Unapproved 7 Agenda Page 16 September 16, 2015 Poinciana CDD Mr. Kellogg stated so you are saying that after the November 2016 General Elections the Board of Supervisors of the Poinciana West CDD, will all be elected Solivita residents? Mr. Eckert responded they will be if people qualify for election and run. If people choose not to do that as we have had in the past, then they will be appointed by the remainder of the Board, but all those seats will be resident seats. Mr. Lane asked and they would still be five seats? Mr. Eckert responded yes. The statute requires that there be five Supervisors and you cannot expand or reduce that number. Mr. Kellogg asked who on this Board is up for re-election in November of 2016? Mr. Moyer responded Mr. Zimbardi and Mr. Lane. Mr. Kellogg stated then anybody coming on the Board to replace Mr. Wright his term of office would expire in November 2018. Mr. Moyer stated that is correct. Mr. Kellogg stated not 2016? Mr. Moyer stated not 2016. Mr. Eckert stated I think all this would have to be addressed in the merger agreement. Mr. Lane asked are there any further discussion? Mr. Kellogg responded no. Mr. Wright responded no. Mr. Eckert stated I would take that, if the Poinciana West Board is in favor of us moving forward, we would start working on the framework of a merger agreement which is a precursor to everything you have to do to begin the process. Mr. Lane asked do we need a motion? Mr. Eckert responded no. We will start working on it. Mr. Lane stated we are ready for the District’s Manager’s Report. EIGHTH ORDER OF BUSINESS District Manager’s Report A. Consideration of Engagement Letter with Carr, Riggs & Ingram to Perform the Audit for Fiscal Year 2015 Unapproved 8 Agenda Page 17 September 16, 2015 Poinciana CDD Mr. Moyer stated the first item I have is an engagement letter from Carr, Riggs & Ingram who you selected as your auditor for the District. This is a standard form engagement letter. Ms. Whelan had a couple of suggested changes which we provided to Carr, Riggs & Ingram; one being a termination provision within 30 days of our notice; another is having them acknowledge that their audit is subject to the public records law. I don’t see a problem with that so if you are of the mind to accept the standard form engagement letter, I ask that you do that subject to the inclusions of District Counsel’s recommendations. Mr. Lane stated I have a question. Towards the end of the document there is a comment that the fee will not exceed $4,100. Is that firm, fixed, done? Mr. Moyer responded yes. Mr. Eckert stated I think that was in their proposal they initially presented to the Board. I think our budget lists $4,000; maybe that is last year. I am just looking in our agenda package. Mr. Lane stated yes, it was $4,000. On MOTION by Mr. Stellfox seconded by Mr. Kellogg with all in favor the Engagement Letter with Carr, Riggs & Ingram was accepted and will include District Counsel’s suggested changes at a cost of $4,100. B. Presentation of Financial Statements Mr. Moyer stated we collected all of our non-ad valorem assessments. Generally, we are in a good shape. Mr. Lane asked is it unusual for many CDD entities around Florida to get 100%. Mr. Moyer responded I have been very fortunate with the districts I have. Generally, it is 100%, especially if their projects are substantially completed, then it is not unusual that people are paying their assessments and taxes, but if there is a delinquency and they don’t pay, there are people who will buy those tax certificates with the underlying value of improved property is so much greater than the taxes and assessments. You bid starting at 18% so if nobody bids against you, you get a certificate that ultimately will be redeemed and will pay 18% interest which is a good deal. Unapproved 9 Agenda Page 18 September 16, 2015 Poinciana CDD Mr. Eckert stated for developments with undeveloped land to have gone through 2007-2008-2009 without having a delinquency that is rare in the State, I think. It is a good sign. Mr. Lane stated that is a great presentation for the Solivita residents that they are paying on time. C. Presentation of Check Register and Invoices Mr. Lane stated I have a question for Ms. Leo. I noticed there was an invoice for a rental car. I would like to know what it was for. Ms. Leo stated sometimes I will rent a car which is actually cheaper than mileage. That might have been the case. Mr. Kellogg stated it was Enterprise Cars. Ms. Leo stated it might have been when I was doing multiple things. The intent was less expensive than the standard mileage is. If I have the opportunity to do that and it is convenient, I’ll go that way. Mr. Kellogg stated 1,000 miles at $0.55 is $550.00. Mr. Lane asked are there any other questions about that or the check register or invoices? Mr. Stellfox stated there is still the problem with the stamper. If you are going to stamp something, stamp it so you can read it. On MOTION by Mr. Kellogg seconded by Mr. Wright with all in favor the financial statements for the period ending August 31, 2015 were accepted and the check register for the same period was approved. ELEVENTH ORDER OF BUSINESS Staff Reports A. Attorney Mr. Eckert stated I have one item to update you on the incorporation efforts. We provided you with the Feasibility Study that was resubmitted. The Feasibility Study says that the intent was not to include Solivita, but that it also includes all of Village 3 and so there are inconsistencies in the documents, which is the same thing we have been dealing with for the past three or four years. We intend to go ahead and lodge the same objections to the local delegations that you cannot even tell what land is supposed to be Unapproved 10 Agenda Page 19 September 16, 2015 Poinciana CDD in the proposed city and what land is outside the city. It is the same issue we have been dealing with and we cannot get anybody to address it in the responsible way which is going to need a metes and bounds description of the external boundaries of the city. Mr. Kellogg asked can the State Legislature say okay based on this paragraph that we don’t require a metes and bounds? Mr. Eckert responded I think the State Legislature has some flexibility and could say whatever is in the County records that is in those Villages is now in the city and I think the State Legislature could do that, but I don’t necessarily know that they would. Mr. Kellogg asked there might be enough objection to it? Mr. Eckert responded there might be enough objection to the fact that you really do not have precise boundaries. Our position all along has been we object if our land is included within the District as that has some impact on us as a landowner. The District to this date has not taken a position in terms of whether or not the District objects if none of the District land is included within the proposed incorporation. We have never arrived at that point because getting to that point would require you to hire somebody who is an expert to object to the feasibility study on the economic side. We have not done that. I just want to make sure I understand that it is still the Board’s position that we object if our land is in it, but if our land is out of it, we may analyze the substance of the incorporation proposal at a later date, but right now we have not taken a position one way or another if our land is not included because that is really all we presented to the local delegates in the past few years. Mr. Kellogg stated at the last meeting we talked about the two CDDs coming together and having a position statement published. Was there any discussion of that in your office? Mr. Eckert responded yes, there was. I am trying to keep costs down. We provided letters to the local delegations before expressing the position that is expressed to you, which really could be converted to a position statement which I could provide to the Board, but I needed to reference the new Feasibility Study, the last one, but I have not done that yet. Mr. Kellogg stated I think the context we talked about was that the position statement was more for the residents of Solivita to understand how the Poinciana and Unapproved 11 Agenda Page 20 September 16, 2015 Poinciana CDD Poinciana West CDDs are addressing the incorporation effort and the protection of lands within the community. That was, I think, in mind anyway, the position statement that we were looking for. Mr. Eckert stated I can provide that by the end of this week for the Board members to review. Mr. Kellogg stated I just thought it important that the residents know that we are doing something and not just sitting here without addressing the situation. Mr. Lane asked do we know what their timeline is in regard to presenting this to the State? Mr. Eckert responded I think that there is likely to be a legislator who will introduce a bill at the local delegation to have that go through the legislature to enable a referendum to be held at a later point. At this point, based on comments I heard at last year’s local delegation meetings, I am skeptical whether or not that bill would have the full support of the local delegation. The fact that those have been the indications in the past, we have been able to minimize the effort that we have to put forth on behalf of the District. We will attend the local delegation meetings, which are coming up soon over the next couple of months because the legislative session starts on January 12th this year instead of March. Mr. Kellogg stated I sent Ms. Whelan a representative press release. Mr. Eckert stated yes, I saw that. I anticipate it will be brought up and supported, if things are consistent with last year, by at least two of the legislators. We will attend those delegation meetings and be heard in terms of the District’s position. If you recall, one of the things that we did a long time ago to take care of this, was to provide a metes and bounds description of the two districts, and say in your feasibility study you need “less and except” the District’s lands and that was the quickest and most cost-effective way to do that and the proponent said “yes” they would do that and then when it came down to it they did not do that and instead left the ambiguities in the Feasibility Study on whether or not Solivita is in or out. Mr. Kellogg stated I think it is sad that the author of the Study is a Solivita resident. Unapproved 12 Agenda Page 21 September 16, 2015 Poinciana CDD Mr. Eckert stated I understand the position statement is a little different from what I understood in terms of outlining the efforts the District has been making to deal with this issue. Mr. Kellogg asked do you agree that was what we discussed at the last meeting? The Supervisors responded yes, absolutely. Mr. Eckert stated my apologies for not getting that context, but we will get something out this week. B. Engineer Ms. Leo stated the construction has not started yet on the tunnel between weather, vacations and some paperwork. I looked at the tunnel though; it is probably, even with all the rains we have had, the driest I have ever seen it. I think there are a couple of conditions that are helping us. It is very clean so that maintenance efforts are working. Also, I think maybe the top of irrigation has slowed down, but noticed it is not as maintained as it has been on the hedges on top of the fence. Mr. Kellogg stated I think that the golf club maintenance addressing the issue of the flooding on top is gone as well. That may have been one of the biggest issues we had with that tunnel flooding. Ms. Leo stated there is still water so I still think it is a very proactive maintenance item to do and it is minimal expense for what we are talking about, but over the years it has not been typically flooding that much at the top. I still think it is a prudent exercise. Mr. Lane stated it is not bad for a ten year old tunnel. Ms. Leo stated no, it actually is great. Mr. Kellogg stated as far as the residents in Bella Viana, I am going to estimate 60% of the residents are full year residents and as far as traffic goes, whether it is more people here, less people here, I don’t think it is going to be a big issue because you can still only golf a certain number of rounds per day on that golf course, on those 14 holes. It’s not that we have to wait until spring to do it. Ms. Leo stated our contract is not for a couple of weeks, so we’ll work on that and I’ll do a quick drive through the community. For the amount of rain we are getting, things look pretty good. Unapproved 13 Agenda Page 22 September 16, 2015 Poinciana CDD C. Field Manager i. Field Management Report Mr. Smith stated in the back of the agenda package you have my written report. As part of my written report, we have three of our major contractors here. We are fortunate to have Mr. Justin Reviczky from Mainscape. If you have any questions, he will give a brief report. Mr. Reviczky stated Mr. Smith invited me today. I really wanted to give a brief report on regular mowing services and the fact that there was heavy rains these past few months. We will make a big effort in the next few months regarding the tree rings. Mr. Smith stated we also have Clarke here who does our aquatics and midge control. Does anyone have questions for them? Mr. Lane responded no, but I’d like to say thank you for reducing your costs, though. Mr. Smith stated I think overall the project is looking pretty good. We do have a little bit of algae around the banks, but the pond edges are flowing and the treatments Clarke has done look pretty good. I have gone through the entire drainage system and reviewed Ms. Leo’s report she did on drainage, some minor repair adjustments we have been working on. Other than that, we did a pre-hurricane season review and it looks good. A couple of the areas there is a little bit of overgrowth that we have to work on. Mr. Lane asked what about the grates? Mr. Smith stated I sent out an email on Mr. Zimbardi’s question about grates. There were two different options; one was for metal grates and the other for the fiberglass grates that way I can have my men carry them out and they could carry out seven. Otherwise, we would have Mr. Deglomine bring in a piece of equipment or have an outside contractor do it. There are companies that actually do that. So we can save quite a bit of money by doing it ourselves. So I was pleased with purchasing them. The manufacturer said they were able to get their materials from China so he is able to get it cheaper. Mr. Kellogg stated he has plastic pellets that they feed into injection molds. Mr. Lane asked is there anything else? Mr. Smith responded no. Unapproved 14 Agenda Page 23 September 16, 2015 Poinciana CDD TWELFTH ORDER OF BUSINESS Supervisor Comments Mr. Kellogg stated the first thing we talked about at our last meeting was getting more communication between the CDDs and the HOAs. There has been enough discussion on the different forums regarding cutting once a month. The residents do not understand where the CDD ends and their homes begin. We talked about getting some type of a Coffee Talk or some type of communication out to let homeowners know exactly what they can expect. Mr. Reviczky’s crew does once a month. We are contracted in the HOA with Mainscape to do the work 42 times per year. There is this conflict that some residents just do not understand. They figure it is supposed to be cut down to the water’s edge every time you come to do the main body of their properties. I just wanted to know if there was any more thought about doing some of that. I don’t think we can over communicate with the residents as far as who is doing what. Any thoughts? Mr. Smith stated we haven’t discussed the possibility of adding a mow in the summertime. During the summer it gets to a point where it is too wet to mow. We may just add a mow when we get to that point because what happens is then we mow and we mow heavy we get a rut into the grass so if we add a mow we can keep up. One or two mows throughout the summer when the grass is growing, we can keep up with the yards. Mr. Kellogg stated let me ask you this question, if we go to 42 mows a year on our lawns because of the fact that it doesn’t grow as much during the winter, why do we have to do 12 mows a year on the CDD lawn property when you can do the same type of thing. You could maybe go from November to March and mow every six weeks and pick up that one mow for the summer. Mr. Reviczky stated there are 25 mows per the CDD contract. It is monthly for three to four months, then it is biweekly and then it goes weekly for a few months in the summer. We are doing 25, but what Mr. Smith is saying sometimes we need to do extra in the middle of the summer time, but also in October because October is twice a month. If you look at our customer service system, March and October are our biggest months for complaints because all of a sudden we shift our practice from weekly to once or twice a month or vice versa. Unapproved 15 Agenda Page 24 September 16, 2015 Poinciana CDD Mr. Smith stated in March and October it starts to get warm. If you are getting rains, then the bahia starts to grow. During March and October is when we get our most complaints. If we add one mow each month, those complaints go away. We are going to wait until January, February to see what the weather is like, see how the grass is doing. Mr. Lane stated in terms of the communication, if you could write an article in our Reflections, and a constant reminder of what those parameters are would be very helpful because we have a lot of turnovers, a lot of new residents now and I think that would be an appropriate thing for you to do. Mr. Iorio stated I will suggest to Reflections that as a new homeowner comes in, there needs to be, and I believe there is right now, but it may need to be refreshed, there is updated information on what the CDD does. Mr. Lane stated it is in the packet, however, remember they have a very thick package and it gets lost. Mr. Iorio stated maybe it needs to be simplified with a simple Q&A. I will have a conversation with them. I haven’t looked at that for a number of years, but I will do so again. Mr. Kellogg stated I think one of the biggest issues is there are people who are buying the resales who don’t get the manuals and all the other stuff. Mr. Iorio stated they still have to go through the procedures. There is an opportunity right there to make sure. I will ask the question because I am kind of involved. Mr. Lane stated I can tell you a point of fact if you ask 75% of the people who walk in the streets here, “What is the CDD”, they would not know what we do and that they pay money to it. Mr. Iorio stated I think we’ll have a contest on whether they can answer this question, “What is a CDD”? Mr. Kellogg stated even though they are spending almost $1,000 a year on their taxes for the CDD. Mr. Lane stated they don’t understand what they are spending. Unapproved 16 Agenda Page 25 September 16, 2015 Poinciana CDD Mr. Kellogg stated the other comment I had was I had heard some scuttlebutt and I know there is a new club in Solivita called the Dragon Boat Club. Worldwide, it is huge. I heard there are people talking about where they can practice. One of the comments I heard was the Bella Viana pond, which is E-3, is a long pond. I just wanted to bring it up that we got restricted use in our ponds. How do we go about just very nicely saying that these ponds are restricted use and that you cannot launch a dragon boat or launch boats in our ponds. I know we have Lake Polk here. Mr. Iorio stated it is a good sport. It is vigorous. There are 10 to 12 people on each one of those boats. Mr. Kellogg stated with a drummer. But I am looking at it from a liability standpoint. People get hurt here enough without having to go to the water and stroke out halfway through it. Those routes they go are 500 meters which is the shortest race they have. Mr. Iorio stated I told the manager to continue to have dialogue and discuss with them how we can help. Mr. Kellogg asked so you have already been approached about it? Mr. Iorio responded yes. Mr. Kellogg stated it is a great sport. It is expensive. I know the Mt. Dora one in spring it was $850 registration fee per team. THIRTEENTH ORDER OF BUSINESS Audience Comments Mr. Iorio stated I had a conversation this afternoon with Chairman Zimbardi. I would like to request the opportunity to bring the rest of the Board up to speed. The request is to set up a workshop. Right now as you know there is a club plan set up in Solivita. The club is an asset to our company and we have some opportunities to liquidate it and we have potential suitors interested in that. We have been hesitant to move in that direction. We had another thought that we came up with and I think it is a good one. The thought was to look at a recreational CDD. The plan would be if you would take the club dues you currently have and not have them increase ever. There would be no increases. I think it is a $1 per year, but not include that, just have it locked in. And then look at one of the things we have been challenged with is the Amenity Unapproved 17 Agenda Page 26 September 16, 2015 Poinciana CDD Complex. How do we upgrade and get the rest of the facilities that we would like to achieve, the upgrades that we need. We have been band-aiding some of these things as you know and I get hit up with it as an HOA. I sit there in the club and you heard our President, David Smith, saying, “We are not spending another dollar”. It was clearly said. This gives an opportunity to have the residents and the CDD present Board look at ownership of the facilities and at the same time, take control and do an infusion. We have done some preliminary calculations between $10 to $12 million of renovations that could occur in the facility, which would mean upgrades to the kitchen, the restaurants, maybe a performing arts theatre that has been discussed, new ball fields, another clubhouse. There is quite a few things that could be on the laundry list that we put together to come up with that number and at the same time have something that could eventually be on the tax rolls, so instead of paying a separate club to Avatar or to some other entity, that could be the unknown. It would be a non-ad valorem. I’m sure there will be a plethora of questions and all I want to do right now is to just expose to the resident Board to ask for a workshop to be set up by our manager. We will sit down and we will bring in the experts and we could field the slew of questions. We can generate that and will have counsel at the same time available to explore this. All of you know me; I have been involved with this project from the beginning. I would not like to lose control where the residents are not happy. I want us to see us go out in a flurry, in a grand fashion, and then go across the street and start Solivita Grand and with that, we need more amenities. That is the mindset and there is another opportunity to take a look at how we can finance this thing in a different way. It would be a win-win because if you are paying “X” amount now and you are not going to pay anymore and you are going to get all of this; how do you do that? But it is possible and we have already looked at some preliminary numbers on it. Mr. Kellogg stated the transition through a resident HOA would be much simpler if this was done. Mr. Iorio stated exactly. They call it a recreational CDD and Mr. Moyer is very familiar with those. The Villages have something very similar. Mr. Kellogg stated it would be totally separate from this CDD. Unapproved 18 Agenda Page 27 September 16, 2015 Poinciana CDD Mr. Iorio stated absolutely, yes. You would have at that time, one Board that would control it and so forth. Through the workshop, then that information and all the questions can be answered and then that could be dissiminated to the public. What next? We can have a big meeting, like Coffee Talk or some meeting where we can have questions and answers and get a good feedback. To me it is a win-win. Mr. Lane stated you do have a higher population and people are getting very stressed out over the fact that the amenities are not adequate. Mr. Kellogg asked what is your anticipated timeframe? Mr. Iorio responded as soon as we can set up the workshop. It would be fantastic if it could be set up within the next 30 days. Mr. Lane asked who would be included in this workshop? Mr. Iorio responded the two Boards. That would be a Q&A opportunity and we would bring in some financial people and economic people and talk about it. It is not new and it is not something that has not been done. Mr. Moyer stated how strongly the people at the Villages have embraced being in charge of their recreational program. It is a big deal for them. Mr. Iorio stated you know me, I would be ecstatic to get new facilities and get these updated and answer the questions, have pictures all over the place, we band-aided this what you see here, we tried to fix everything, we put curtains instead of walls, probably $160,000, but this needed a $500,000 renovation, this facility. this to the Poinciana West Board. FOURTEENTH ORDER OF BUSINESS There being no further business, Adjournment On MOTION by Mr. Wright seconded by Mr. Kellogg with all in favor the meeting was adjourned. Gary L. Moyer Secretary Unapproved David Lane Vice Chairman 19 I will present Agenda Page 28 Fifth Order of Business Agenda Page 29 5A Agenda Page 30 CLIENT DISCLOSURE AND CONSENT Hopping Green & Sams, PA (“HGS”) presently serves as district counsel for the Poinciana Community Development District (the “District”). HGS additionally presently represents the Poinciana West Community Development District (“PWCDD,” and together with the District, the “Parties”). HGS has been asked by PWCDD to represent its interests in relation to the anticipated merger between PWCDD and the District (hereinafter, the “Merger”). As a result of HGS’s existing representation of the District, if HGS agrees to represent PWCDD relative to the Merger, HGS may be confronted with an actual and/or potential conflict of interest under Florida Rule of Professional Conduct 4-1.7 of the Rules Regulating the Florida Bar. HGS believes that it can provide competent and diligent representation of the Parties with respect to the Merger. HGS also believes, based on conversations with the District and PWCDD, that the Parties’ interests are sufficiently aligned so as to allow for joint representation of the Parties. After discussion with HGS and the opportunity for discussion with independent counsel not affiliated with HGS regarding the actual and/or potential conflicts of interest described above, the District has determined that there is no conflict of interest that would adversely affect the responsibilities of HGS to the District due to the anticipated representation of PWCDD. The District also acknowledges that PWCDD’s interests are not materially adverse to the interests of the District. Accordingly, the District hereby waives any actual or potential conflict of interest which may be presented by HGS’s representation of PWCDD with respect to the Merger, as more specifically discussed with the District at its November 18, 2015 meeting of its Board of Supervisors. 1 of 2 Agenda Page 31 Moreover, the District acknowledges and agrees that, while the representation of the District and PWCDD involves the achievement of a mutual goal of the Parties relative to the effectuation of the Merger, in the event of a dispute between the District and PWCDD relating to the Merger, HGS’ representation of the Parties relating to the Merger will terminate and the Parties will be responsible for acquiring new legal representation with respect to any such dispute. Upon such termination, HGS shall take such actions as are reasonable and necessary to protect the interests of the Parties until replacement counsel for the Merger is procured, which procurement shall occur within a reasonable time. As evidence of this disclosure and the consent of the District to HGS’s representation of PWCDD as discussed herein, the signature of a person authorized to give this consent appears below. Poinciana Community Development District _____________________________________ Robert Zimbardi, Chairman Board of Supervisors Date: _________________________ 2 of 2 Agenda Page 32 5B. Agenda Page 33 DRAFT – FOR DISCUSSION PURPOSES ONLY MERGER AGREEMENT BY AND BETWEEN THE POINCIANA COMMUNITY DEVELOPMENT DISTRICT AND THE POINCIANA WEST COMMUNITY DEVELOPMENT DISTRICT This Merger Agreement (the “Agreement”) is made and entered into by and between the following: The Poinciana Community Development District, a local unit of specialpurpose government established pursuant to Chapter 190, Florida Statutes, and located in Polk County, Florida (hereinafter “Poinciana CDD”); and The Poinciana West Community Development District, a local unit of specialpurpose government established pursuant to Chapter 190, Florida Statutes, and located in Polk County, Florida (hereinafter “Poinciana West CDD,” and together with Poinciana CDD, the “Districts”). Recitals WHEREAS, Poinciana CDD was established by Rule 42AA-1 of the Florida Land and Water Adjudicatory Commission (“FLWAC”), effective November 1, 1999, as amended, for the purposes of planning, financing, constructing, operating and/or maintaining public infrastructure improvements; and WHEREAS, Poinciana West CDD was established as of October 6, 2006 by Ordinance 2006-052, as amended by Ordinance 2007-043, adopted by the Board of County Commissioners of Polk County, Florida for the purposes of planning, financing, constructing, operating and/or maintaining public infrastructure improvements; and WHEREAS, together the Districts serve the active-adult residential development known as “Solivita” located within Polk County, Florida; and WHEREAS, Section 190.046(3), Florida Statutes, authorizes the merger of community development districts and provides that, prior to filing a petition requesting such merger, the districts desiring to merge enter into a merger agreement which provides for the proper allocation of the indebtedness assumed by merged district and the manner in which such debt shall be retired; and WHEREAS, Section 190.046(3), Florida Statutes, provides that the approval of the merger agreement and the petition by the board of supervisors of each district shall constitute the consent of the landowners within such district with respect to the merger; and WHEREAS, due to the interrelated nature of the Districts within the Solivita community, a merger of the Districts (hereinafter the “Merger”) is in the best interests of both Districts because, among other reasons, the Merger would promote greater efficiency in the Districts’ operations, eliminate redundant overhead costs and other expenses, and reduce future operations and maintenance assessments in the aggregate; and 1 Agenda Page 34 WHEREAS, on _____________ ___, 20__, the Board of Supervisors (the “Board(s)”) of both Poinciana CDD and Poinciana West CDD adopted Resolutions 20__-___ and 20__-___, respectively, evidencing the Districts’ intent to effectuate the Merger between the Districts, directing the Districts’ staff to take all actions necessary in effectuating same, and approving the form of an agreement between the Districts related to the merger and of the petition requesting the Merger (collectively, the “Merger Approval Resolutions”); and WHEREAS, in accordance with Section 190.046(3), Florida Statutes, Poinciana CDD and Poinciana West CDD accordingly desire to set forth their mutual understanding, rights and obligations with respect to the Merger. NOW, THEREFORE, based upon good and valuable consideration and the mutual covenants of the parties, the receipt of which and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals and Authority. The foregoing recitals are true and correct and by this reference are incorporated as a material part of this Agreement. This Agreement is entered into pursuant to the provisions of Florida law, including, but not limited to, Chapter 190, Florida Statutes. 2. The Merger. Pursuant to the Merger Approval Resolutions, the Districts shall cause to be filed with FLWAC a petition (“Merger Petition”) requesting that FLWAC adopt a rule and any rule amendments to Rule 42AA-1, of the Florida Administrative Code (hereinafter “District Merger Rule”) that would effectuate the Merger of Poinciana West CDD into and with Poinciana CDD as the surviving entity. The Merger shall become effective _____ (____) days following FLWAC’s adoption of the District Merger Rule (the “Merger Effective Date”). The ______ (____) day period preceding the Merger Effective Date shall be referred to as the “Interim Merger Period.” On the Merger Effective Date, Poinciana West CDD shall be merged into and with Poinciana CDD as the surviving entity, and Poinciana West CDD shall thereafter cease to exist. It is the intent of the Districts that the transfer, assignment, vesting, and assumption of all rights, property, assets, assessments, contracts, agreements, insurance, debts, and liabilities from Poinciana West CDD into Poinciana CDD shall automatically occur on the Merger Effective Date, by virtue of the Merger pursuant to Section 190.046(3), Florida Statutes. 3. Delegation of Authority; Cooperation. This Agreement supplements, as necessary, the authorization, direction and delegation of authority to the Districts’ Chairpersons, Vice Chairpersons, and District officers and/or staff (collectively, “District Staff”) as provided in the Merger Approval Resolutions to further authorize and delegate to District Staff the authority to effectuate the transfer of powers, duties, liabilities, claims and assets, etc. as may be necessary to effectuate the Merger. The Districts agree to continue to cooperate and take all actions reasonably necessary and in a timely manner to permit a prompt response in all proceedings relating to the Merger. 4. Funding. The Districts recognize that in order to seek a Merger pursuant to Chapter 190, Florida Statutes, District Staff, including but not limited to legal, engineering, 2 Agenda Page 35 financial and managerial staff, among others, must provide certain services necessary to the effectuate the same. Accordingly, the Districts agree to provide the funding necessary for the effectuation of the Merger in conjunction with their preparation and approval of Districts’ Fiscal Year 2016/2017 budgets. The Districts hereby agree to share the costs associated with such Merger as follows________________________________. 5. Legal Opinions. The Districts shall cause to be provided, or otherwise obtain, any legal opinions necessary to effectuate the Merger. 6. District Name and Boundaries. Upon the Merger, Poinciana CDD shall continue to have its existing name, “Poinciana Community Development District,” and Poinciana West CDD shall cease to exist. As of the Merger Effective Date, the boundaries of Poinciana CDD shall be as set forth in Exhibit A, attached hereto and incorporated herein by reference. 7. Board Members. Upon the Merger Effective Date, the Board of the Poinciana West CDD shall cease to exist and the Poinciana West Board members shall cease to hold office. The Board of Poinciana CDD shall continue to operate as the Board of the Merged District. Provided however, that within thirty (30) days of the Merger Effective Date, and to honor the resignations of the Supervisors currently occupying Seats ___ and Seats ____ of the Poinciana CDD Board of Supervisors, which resignations are expressly directed to be held in escrow until the Merger Effective Date, the Poinciana CDD Board agrees to appoint qualified electors residing within the lands formerly comprising the Poinciana West CDD to the two (2) seats left vacant by such resignations to fulfill the terms of such seats. Such appointment shall take place within sixty (60) days after the Merger Effective Date. The election timetable provided for under Section 190.006, Florida Statutes, shall continue to apply. Seats ___, ___ and ___ shall hold four (4) year terms expiring 20__, and Seats ______ and ______ shall hold two (2) year terms expiring 20__. 8. Property & Assets. Effective as of the Merger Effective Date, Poinciana West CDD passes all title, rights, ownership of property, moneys, uncollected taxes and/or assessments, dues, receivables, claims, and judgments held and owned by Poinciana West CDD (the “Poinciana West CDD Assets”) to Poinciana CDD. By execution of this Agreement, and as of the Merger Effective Date, Poinciana CDD accepts and is hereby vested with the authority necessary to effect such transfer from or on behalf of Poinciana West CDD, and receive such title, rights, ownership of property, moneys, uncollected taxes and/or assessments, dues, receivables, claims and judgments. 9. Assessments. Effective as of the Merger Effective Date, all non-ad valorem or special assessments levied by Poinciana West CDD against property in Poinciana West CDD (the “Poinciana West CDD Assessments”) shall be payable when due to Poinciana CDD. By execution of this Agreement, and as of the Merger Effective Date, the Poinciana West CDD delegates, and the Poinciana CDD accepts, the authority to collect upon and enforce any such assessment liens, whether under the Uniform Method of Collection or any other method under Florida law. Following the Merger Effective Date, there shall be no change in the assessment liens on the specific lands securing the outstanding Poinciana Community Development District 3 Commented [LCW1]: The Boards could also decide to rename the merged districts at this time. Agenda Page 36 (Polk County, Florida), Special Assessment Refunding Bonds, Series 2012A-1 and Series 2012A-2 (the “Series 2012 Bonds”) issued by the Poinciana CDD by virtue of the Merger contemplated herein. Following the Merger Effective Date, there shall be no change in the assessment liens on the specific lands securing the outstanding Poinciana West Community Development District (Polk County, Florida) Special Assessment Bonds, Series (the “Series 2007 Bonds”) issued by the Poinciana West CDD by virtue of the Merger contemplated herein, except that the liens shall be in favor of the Poinciana CDD. 10. Contracts. Effective as of the Merger Effective Date, Poinciana CDD shall be responsible for, and bound by, all contracts to which Poinciana West CDD is a party (the “Poinciana West CDD Contracts”). Poinciana CDD shall assume the liabilities arising from the Poinciana West CDD Contracts and be entitled to the benefits of the same by operation of law. In addition, this Agreement shall effect the assignment, if needed, of the Poinciana West CDD Contracts to Poinciana CDD as of the Merger Effective Date with no further action required on behalf of the Districts unless consent by assignment is required by a third party. If such consent is required by a third party, Poinciana CDD shall obtain such consent to assignment or terminate the contract in accordance with its terms. By execution of this Agreement, Poinciana West CDD delegates, and Poinciana CDD accepts, the authority to enforce and/or effect the disposition of all Poinciana West CDD Contracts, including but not limited to the assignment, amendment, and/or termination of the same. 11. Interlocal Agreements Between the Districts. As of the Merger Effective Date, Poinciana West CDD shall cease to exist and shall merge into Poinciana CDD. As Poinciana CDD is the surviving entity of the Districts, there is no longer a need for interlocal agreements between Poinciana West CDD and Poinciana CDD (collectively, the “District Interlocal Agreements”) regarding _________________________. Therefore, each of the District Interlocal Agreements shall be terminated as of the Merger Effective Date; provided, however, that Poinciana CDD shall be entitled to levy special assessments against lands formerly within the Poinciana West CDD for any payments outstanding and due to the Poinciana CDD pursuant to any District Interlocal Agreement. 12. Other Interlocal Agreements. Effective as of the Merger Effective Date, Poinciana CDD shall be responsible for, and be bound by, all other interlocal agreements to which Poinciana West CDD is a party, including those with Polk County (“Other Interlocal Agreements”). Poinciana CDD shall assume the liabilities arising from such interlocal agreements and be entitled to the benefit of the same by operation of law. In addition, this Agreement shall effect the assignment, if needed, of the Other Interlocal Agreements by Poinciana West CDD to Poinciana CDD as of the Merger Effective Date with no further action required by the Districts. To the extent necessary, if any, Poinciana West CDD delegates, and Poinciana CDD accepts, the authority to enforce and/or effect the disposition of all such interlocal agreements, including but not limited to the assignment, amendment and/or termination of the same. 13. Debts & Liabilities. Effective as of the Merger Effective Date, Poinciana CDD shall be responsible for and have the obligation of all debts and liabilities of Poinciana West CDD (the “Poinciana West CDD Debts & Liabilities”) by operation of law. The Districts agree 4 Agenda Page 37 that, pursuant to Section 190.046, Florida Statutes, the Merger shall not impair the rights of creditors and liens upon Poinciana West CDD property, if any. Moreover, Poinciana CDD may be substituted for Poinciana West CDD in any claim existing, or action or proceeding pending by or against Poinciana West CDD. To the extent necessary, the Poinciana West CDD delegates, and Poinciana CDD accepts, the authority to satisfy, fulfill, and pay all Poinciana West CDD Debts & Liabilities and defend against any claim or action proceeding by or against Poinciana West CDD. 14. Bonds. Effective as of the Merger Effective Date, Poinciana CDD shall assume all bond indebtedness of Poinciana West CDD (the “Poinciana West CDD Bonds”). Poinciana West CDD hereby authorizes Poinciana CDD to take any and all actions necessary to give effect to the assumption of the Poinciana West CDD Bonds by Poinciana CDD. Such actions may include, but are not limited to, the issuance of notices to bondholders, the assignment of a new CUSIP number for the Poinciana West CDD Bonds, the renaming of the Poinciana West CDD bond accounts held by the Trustee, the issuance by Poinciana CDD of replacement bonds and/or the cancellation by the Trustee of the Poinciana West CDD Bonds. By execution of this Agreement, and as of the Merger Effective Date, Poinciana CDD hereby accepts the obligations of the Poinciana West CDD Bonds, having obtained the right to enforce and collect the assessments levied by Poinciana West CDD to secure such indebtedness, and agrees to take any and all actions necessary to effectuate the Merger, including but not limited to the execution of an incumbency certificate or any other documents required by the Trustee. 15. Insurance. Poinciana West CDD shall terminate its insurance coverage effective thirty (30) days from the Merger Effective Date. Poinciana CDD shall ensure that payment of the premium for that coverage is made so as to prevent any lapse in coverage, and shall be entitled to receive any refund of any overpayment for such insurance due to the cancellation. 16. Audits. Effective as of the Merger Effective Date, Poinciana West CDD hereby authorizes the Poinciana CDD to conduct, approve, and submit to appropriate authorities a final audit of Poinciana West CDD’s financial records pursuant to Section 190.007(2), Florida Statutes, and the submittal of any additional financial reports or statements required by law. By execution of this Agreement, Poinciana CDD agrees to conduct, approve, and submit to appropriate authorities a final audit of Poinciana West CDD’s records pursuant to Section 190.007(2), Florida Statutes, and to submit all required additional financial reports or statements required by law. The Districts agree that the preparation of the above-referenced audit shall not commence until after the Merger Effective Date. 17. Accounts. Effective as of the Merger Effective Date, the Poinciana West CDD authorizes Poinciana CDD to assume control of all bank accounts held in the name of Poinciana West CDD (the “Bank Accounts”), and to take any actions necessary to utilize such funds to pay obligations of Poinciana West CDD which may become due after the Merger Effective Date or to transfer any funds remaining in such accounts into Poinciana CDD accounts. Such actions may include, but are not limited to, the expenditure of funds from the Bank Accounts for payment of services rendered to Poinciana West CDD prior to the Merger Effective Date, the transfer of such funds from Poinciana West CDD to Poinciana CDD, and the closing of such Bank Accounts which shall occur within forty-five (45) days of the Merger Effective Date. By 5 Agenda Page 38 execution of this Agreement, and as of the Merger Effective Date, the Poinciana CDD accepts such control over the Bank Accounts. 18. Budgets. By execution of this Agreement, and effective as of the Merger Effective Date, the Poinciana West CDD delegates to Poinciana CDD the authority to consolidate the Poinciana West CDD budget with the Poinciana CDD budget for the then-current fiscal year, and Poinciana CDD agrees to take any and all such actions with respect to the consolidation of the Districts’ budgets. As the Districts acknowledge that the necessary amendments to Poinciana CDD’s budget to reflect the Merger must occur after the closing of the financial accounts and records of Poinciana West CDD, Poinciana CDD agrees to amend the Poinciana CDD budget to reflect the Merger, including amendments to both revenues and expenses, within sixty (60) days of the Merger Effective Date. 19. Rules and Policies. At the time of this Agreement, Poinciana West CDD and Poinciana CDD have identical Rules of Procedure. Any additional rules, rates, or policies adopted by Poinciana CDD shall remain in place upon the Merger unless and until Poinciana CDD finds, in its sole discretion, that it is in its best interests to amend such rules, rates, or policies. 20. Powers. At the time of this Agreement, Poinciana CDD shall continue to have all of its existing general and special powers. Effective as of the Merger Effective Date, Poinciana CDD shall be additionally vested with any and all of the general and special powers of Poinciana West CDD. 21. Default and Protection Against Third Party Interference. A default by either party under this Agreement shall entitle the other to all remedies available at law or in equity, which may include, but not be limited to, the right of damages and/or specific performance. Each party shall be solely responsible for enforcing its rights under this Agreement against any interfering third party. Nothing contained in this Agreement shall limit or impair a party’s right to protect its rights from interference by a third party to this Agreement. 22. Amendments. Amendments to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing approved by the Boards of Supervisors of both Districts. 23. Authorization. The execution of this Agreement has been duly authorized by the Boards of Supervisors for both Poinciana CDD and Poinciana West CDD, both parties have complied with all the requirements of law, and both parties have full power and authority to comply with the terms and provisions of this instrument. 24. Arm’s Length Transaction. This Agreement has been negotiated fully between the parties as an arm’s length transaction. Both parties participated fully in the preparation of this Agreement and received the advice of counsel of their choosing. In the case of a dispute concerning the interpretation of any provision of this Agreement, both parties are deemed to have drafted, chosen, and selected the language, and the doubtful language will not be interpreted or construed against either party. 6 Agenda Page 39 25. Third Party Beneficiaries. This Agreement is solely for the benefit of the parties and no right or cause of action shall accrue upon or by reason, to or for the benefit of any third party not a formal party to this Agreement. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or entity other than the parties any right, remedy, or claim under or by reason of this Agreement or any of the provisions or conditions of this Agreement. 26. Assignment. Neither party may assign any part of this Agreement without the prior written approval of the other. Any purported assignment without such written consent shall be void. 27. Controlling Law; Venue. This Agreement and the provisions contained in this Agreement shall be construed, interpreted, and controlled according to the laws of the State of Florida. Venue shall be in Polk County, Florida. 28. Severability. The invalidity or unenforceability of any one or more provisions of this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement, or any part of this Agreement not held to be invalid or unenforceable. 29. Sovereign Immunity. Nothing in this Agreement shall constitute or be construed as a waiver of either party’s limitations on liability, as set forth in Section 768.28, Florida Statutes, or other applicable statute or law. 30. Enforcement of Agreement. In the event that either party is required to enforce this Agreement by court proceedings or otherwise, the parties agree that the prevailing party shall be entitled to recover from the non-prevailing party all fees and costs incurred, including reasonable attorneys fees, paralegal fees and costs for trial, alternative dispute resolution, or appellate proceedings. 31. Headings for Convenience Only. The descriptive headings in this Agreement are for convenience only and shall not control nor affect the meaning or construction of any of the provisions of this Agreement. 32. Counterparts. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be an original. However, all such counterparts together shall constitute one and the same instrument. Signature and acknowledgment pages, if any, may be detached from the counterparts and attached to a single copy of this document to physically form one document. 33. Effective Date; Merger Effective Date and Termination. This Agreement shall be effective upon the execution by a majority of the Board of Supervisors of both the Poinciana CDD and Poinciana West CDD, and upon the recordation of a fully-executed copy of the Agreement in the Official Records of Polk County, Florida. The Agreement shall continue to be effective until the earlier of either: (a) the date following the Merger Effective Date upon which all obligations and requirements set forth under this Agreement have been satisfied; or (b) 7 Agenda Page 40 termination of this Agreement upon sixty (60) days written notice by the terminating party. The terminating party shall record a Notice of Termination of this Agreement immediately after the effective date of termination. [SIGNATURES ON NEXT PAGE] 8 Agenda Page 41 IN WITNESS WHEREOF, the undersigned executed this Agreement as of the _____ day of ___________, 20__. Attest: POINCIANA COMMUNITY DEVELOPMENT DISTRICT BOARD OF SUPERVISORS __________________________ Secretary By: Its Chairman Witness: By: Its Vice-Chairman __________________________ Printed Name By: Its Assistant Secretary Witness: By: Its Assistant Secretary __________________________ Printed Name By: Its Assistant Secretary STATE OF FLORIDA COUNTY OF POLK SUBSCRIBED AND SWORN to me, before a Notary Public in the State and County aforesaid, this ___ day of ____________, 20__. ____________________________________ Notary Public, State of Florida ____________________________________ Name of Notary Public Print, Stamp or Type as Commissioned Personally known to me or Produced Identification: ____________________________________ Type of Identification Produced 9 Agenda Page 42 IN WITNESS WHEREOF, the undersigned executed this Agreement as of the _____ day of ___________, 20__. Attest: __________________________ Secretary Witness: __________________________ Printed Name POINCIANA WEST COMMUNITY DEVELOPMENT DISTRICT BOARD OF SUPERVISORS By: Its Chairman By: Its Vice-Chairman By: Its Assistant Secretary Witness: By: Its Assistant Secretary __________________________ Printed Name By: Its Assistant Secretary STATE OF FLORIDA COUNTY OF POLK SUBSCRIBED AND SWORN to me, before a Notary Public in the State and County aforesaid, this ___ day of ___________, 20__. ____________________________________ Notary Public, State of Florida ____________________________________ Name of Notary Public Print, Stamp or Type as Commissioned Personally known to me or Produced Identification: ____________________________________ Type of Identification Produced 10 Agenda Page 43 IN WITNESS WHEREOF, the undersigned as District Manager of Poinciana CDD Community Development District accepts the authority delegated by this Agreement as of the _____ day of ___________, 20__. Attest: SEVERN TRENT SERVICES, INC. __________________________ Secretary By: Its Director Witness: __________________________ Printed Name Witness: __________________________ Printed Name STATE OF FLORIDA COUNTY OF DUVAL SUBSCRIBED AND SWORN to me, before a Notary Public in the State and County aforesaid, this ___ day of ___________, 20__. ____________________________________ Notary Public, State of Florida ____________________________________ Name of Notary Public Print, Stamp or Type as Commissioned Personally known to me or Produced Identification: ____________________________________ Type of Identification Produced Exhibit A: Poinciana CDD Boundaries as of Merger Effective Date 11 Agenda Page 44 Sixth Order of Business Agenda Page 45 6A. Agenda Page 46 NOTICE OF RULE DEVELOPMENT BY THE POINCIANA COMMUNITY DEVELOPMENT DISTRICT In accordance with Chapters 190 and 120, Florida Statutes, the Poinciana Community Development District (the “District”) hereby gives notice of its intent to develop rules governing the prohibition of the operation of certain vehicles within tunnels owned by the District (the “Tunnels”). The proposed rules will address, among other things, the prohibition of the operation of any vehicles within the Tunnels other than battery-powered vehicles no larger than a golf cart, and enforcement of the same. The purpose and effect of the proposed rules is to establish procedures and requirements for the use of the Tunnels within the District. Legal authority for the proposed rules, and the provisions of the Florida Statutes being implemented, include Chapter 190, Florida Statutes, generally, and sections 190.011(5), 190.041, and 120.54, Florida Statutes, specifically. A copy of the proposed rules may be obtained by contacting the District Manager, at 610 Sycamore Street, Suite 140, Celebration, Florida 34747 or at (321) 939-4301. Gary Moyer District Manager PUBLISH: [AT LEAST ONE DAY PRIOR TO NOTICE OF RULEMAKING] Publication date: Agenda Page 47 6B. Agenda Page 48 NOTICE OF RULEMAKING BY THE POINCIANA COMMUNITY DEVELOPMENT DISTRICT If requested, a public hearing may be conducted by the Board of Supervisors of the Poinciana Community Development District (the “District”) on __________________, 2016 at _____ p.m. at Starlite Ballroom, 384 Village Drive, Poinciana, Florida 34759. In accordance with Chapters 190 and 120, Florida Statutes, the District hereby gives the public notice of its intent to adopt its proposed rules governing the prohibition of the operation of certain vehicles within tunnels owned by the District (the “Tunnels”). The proposed rules will address, among other things, the prohibition of the operation of any vehicles within the Tunnels other than battery-powered vehicles no larger than a golf cart, and enforcement of the same. The purpose and effect of the proposed rules is to establish procedures and requirements for the use of the Tunnels within the District. Prior Notice of Rule Development was published in _____________________________ on ___________________, 2016. Legal authority for the proposed rules, and the provisions of the Florida Statutes being implemented, include Chapter 190, Florida Statutes, generally, and sections 190.011(5), 190.041, and 120.54, Florida Statutes, specifically. Any person who wishes to provide the District with a proposal for a lower cost regulatory alternative as provided by Section 120.541(1), Florida Statutes, must do so in writing within twenty-one (21) days after publication of this notice. IF REQUESTED WITHIN TWENTY ONE (21) DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE, AND PLACE SHOWN BELOW: TIME AND DATE: ____________________, 2016 at ____ p.m. PLACE: Starlite Ballroom 384 Village Drive Poinciana, Florida, 34759 A request for a public hearing on the District’s intent to adopt its proposed rules must be made in writing to the District Manager at 610 Sycamore Street, Suite 140, Celebration, Florida 34747, and must be received within twenty one (21) days after the date of this notice. This public hearing may be continued to a date, time, and place to be specified on the record at the hearing. If anyone chooses to appeal any decision of the Board with respect to any matter considered at the public hearing, such person will need a record of the proceedings and should accordingly ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which such appeal is to be based. At the hearing, one or more Agenda Page 49 Supervisors may participate in the public hearing by telephone. Any person requiring special accommodations at the hearing because of a disability or physical impairment should contact the District Office at (321) 939-4301at least five (5) calendar days prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service at 1-800-955-8770, for aid in contacting the District Office. A copy of the rule and additional information on the public hearing may be obtained by contacting the District Manager at 610 Sycamore Street, Suite 140, Celebration, Florida 34747 or by calling (321) 939-4301. PUBLISH: [AT LEAST 28 DAYS PRIOR TO ADOPTION DATE] Publication date: Agenda Page 50 Seventh Order of Business Agenda Page 51 7A. Agenda Page 52 MEMORANDUM TO: Board of Supervisors FROM: Sergio Inguanzo, District Accountant CC: Gary Moyer, District Manager / Peter Brill, Accounting Manager DATE: January 25, 2016 SUBJECT: December Financial Report Please find enclosed the December 2015 financials for Poinciana CDD. For your review assistance, below is some top level information on the District’s current financial position. Should you have any other questions or require additional information, please do not hesitate to contact me at [email protected]. Finance Report General Fund • Total revenues through December were at approximately 83% of the annual budget. Tax Collector Assessments were at approximately 91% of the annual budget due to units added from CDD collected roll to County collected roll. • Total expenditures through December were at approximately 28% of the annual budget. o ProfServ-Legal Services – General fees through November 2015. o ProfServ-Trustee Fees – U.S. Bank fees for both series bonds to-date. o ProfServ-Legal Incorporation – Incorporation fees through November 2015. o Printing/Binding – Copies of invoices are now included in the financials thus increasing these line items. o Contracts-Aquatic Control – District had budgeted for higher amount. o R&M-Plant Replacement – Mainscape grounds work at lakes area. Debt Service Funds • Total revenues through December were at approximately 76% of the annual budget. Tax Collector Assessments were at approximately 91% of the annual budget due to units added from CDD collected roll to County collected roll. o Interest Expense Series A-2 – The CDD budgeted based on amortization schedule provided by trustee which was incorrect. The variance will be used from fund balance and fund balance will be replenished over time. Agenda Page 53 POINCIANA Community Development District Financial Report December 31, 2015 Prepared by Agenda Page 54 POINCIANA Community Development District Table of Contents Page # FINANCIAL STATEMENTS Balance Sheet - All Funds…………………………………………………………………………………… 1 Statement of Revenues, Expenditures and Changes in Fund Balance General Fund ………………………………………………………………………………………….. 2-3 Debt Service Fund ……………………………………………………………………………………. 4 SUPPORTING SCHEDULES Non Ad Valorem Assessments - Schedule(s)…………………………………………………………….. 5-6 Cash and Investment Report ……………………………………………………………………………….. 7 Bank Reconciliation…………………………………………………………………………………………… 8 …………………………………………...………………………………………………………………………… Check Register 9-52 Agenda Page 55 POINCIANA Community Development District Financial Statements (Unaudited) December 31, 2015 Agenda Page 56 POINCIANA Governmental Funds Community Development District Balance Sheet December 31, 2015 SERIES 2012A DEBT SERVICE FUND GENERAL FUND ACCOUNT DESCRIPTION TOTAL ASSETS Cash - Checking Account $ Due From Developer 1,471,067 $ - $ 1,471,067 29,651 131,695 161,346 - 1,032,839 1,032,839 Certificates of Deposit - 36 Months 106,226 - 106,226 Money Market Account 299,368 - 299,368 2,093 - 2,093 Due From Other Funds Investments: SBA Account Interest Fund (A-2) - 31 31 Redemption Fund (A-1) - 3,040 3,040 Redemption Fund (A-2) - 832 832 Reserve Fund (A-1) - 535,748 535,748 Reserve Fund (A-2) - 322,618 322,618 Revenue Fund - 412,415 412,415 TOTAL ASSETS $ 1,908,405 $ 2,439,218 $ 4,347,623 $ 17,948 $ - $ 17,948 LIABILITIES Accounts Payable Deferred Revenue Due To Other Funds TOTAL LIABILITIES 24,443 131,695 156,138 1,032,839 - 1,032,839 1,075,230 131,695 1,206,925 - 2,307,523 2,307,523 154,937 - 154,937 678,238 - 678,238 FUND BALANCES Restricted for: Debt Service Assigned to: Operating Reserves Unassigned: TOTAL FUND BALANCES $ 833,175 $ 2,307,523 $ 3,140,698 TOTAL LIABILITIES & FUND BALANCES $ 1,908,405 $ 2,439,218 $ 4,347,623 Report Date: 1/14/2016 Page 1 Agenda Page 57 POINCIANA General Fund Community Development District Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending December 31, 2015 ANNUAL ADOPTED BUDGET ACCOUNT DESCRIPTION YEAR TO DATE BUDGET YEAR TO DATE ACTUAL $ $ YTD ACTUAL AS A % OF ADOPTED BUD VARIANCE ($) FAV(UNFAV) REVENUES Interest - Investments Interest - State Board $ 3,500 875 558 $ (317) 15.94% - - 2 2 0.00% Special Assmnts- Tax Collector 434,319 144,773 397,182 252,409 91.45% Special Assmnts- CDD Collected 199,300 99,650 133,863 34,213 67.17% Special Assmnts- Discounts (17,373) (5,791) (15,975) (10,184) 91.95% TOTAL REVENUES 619,746 239,507 515,630 276,123 83.20% 6,000 1,000 800 200 13.33% 459 152 61 91 13.29% EXPENDITURES Administration P/R-Board of Supervisors FICA Taxes ProfServ-Arbitrage Rebate 600 - - - 0.00% 5,000 - - - 0.00% ProfServ-Engineering 18,000 4,500 1,733 2,767 9.63% ProfServ-Legal Services 30,000 9,286 9,286 - 30.95% ProfServ-Mgmt Consulting Serv 55,341 13,836 13,835 1 25.00% 8,686 - - - 0.00% 11,365 11,365 11,365 - 100.00% 9,803 3,191 3,191 - 32.55% 10,000 5,179 5,179 - 51.79% 4,000 - - - 0.00% ProfServ-Dissemination Agent ProfServ-Property Appraiser ProfServ-Special Assessment ProfServ-Trustee Fees ProfServ-Legal Incorporation Auditing Services Communication - Telephone Postage and Freight Insurance - General Liability - - 15 (15) 0.00% 1,200 200 86 114 7.17% 14,000 14,000 13,993 7 99.95% Printing and Binding 2,000 1,057 1,057 - 52.85% Legal Advertising 2,000 581 581 - 29.05% Misc-Assessmnt Collection Cost 8,686 7,624 7,624 - 87.77% 300 89 88 1 29.33% Office Supplies Annual District Filing Fee 175 175 175 - 100.00% 187,615 72,235 69,069 3,166 36.81% 14,000 3,500 3,500 - 25.00% Contracts-Landscape 143,645 35,911 35,911 - 25.00% Contracts-Aquatic Control 119,224 29,806 24,500 5,306 20.55% Contracts-Aquatic Midge Mgmt Total Administration Field ProfServ-Field Management 141,000 35,250 35,250 - 25.00% Electricity - General 1,500 375 306 69 20.40% R&M-Drainage 3,000 - - - 0.00% Report Date: 1/14/2016 Page 2 Agenda Page 58 POINCIANA General Fund Community Development District Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending December 31, 2015 ANNUAL ADOPTED BUDGET ACCOUNT DESCRIPTION YEAR TO DATE BUDGET YEAR TO DATE ACTUAL YTD ACTUAL AS A % OF ADOPTED BUD VARIANCE ($) FAV(UNFAV) R&M-Mulch 4,500 - - - 0.00% R&M-Plant Replacement 4,060 3,117 3,117 - 76.77% Misc-Contingency 1,202 - - - 0.00% 432,131 107,959 102,584 5,375 23.74% 619,746 180,194 171,653 8,541 27.70% - 59,313 343,977 284,664 0.00% 284,664 0.00% Total Field TOTAL EXPENDITURES Excess (deficiency) of revenues Over (under) expenditures Net change in fund balance $ FUND BALANCE, BEGINNING (OCT 1, 2015) FUND BALANCE, ENDING Report Date: 1/14/2016 - $ 489,198 $ 489,198 59,313 $ 489,198 $ 548,511 343,977 $ 489,198 $ 833,175 Page 3 Agenda Page 59 POINCIANA Series 2012A Debt Service Fund Community Development District Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending December 31, 2015 ANNUAL ADOPTED BUDGET ACCOUNT DESCRIPTION YEAR TO DATE BUDGET YEAR TO DATE ACTUAL $ $ YTD ACTUAL AS A % OF ADOPTED BUD VARIANCE ($) FAV(UNFAV) REVENUES Interest - Investments $ Special Assmnts- Tax Collector 500 125 169 $ 44 33.80% 1,212,960 404,320 1,109,552 705,232 91.47% Special Assmnts- CDD Collected 577,508 288,754 263,390 (25,364) 45.61% Special Assmnts- Discounts (48,518) (16,173) (44,604) (28,431) 91.93% TOTAL REVENUES 1,742,450 677,026 1,328,507 651,481 76.24% ProfServ-Property Appraiser 24,259 - - - 0.00% Misc-Assessmnt Collection Cost 24,259 8,086 21,299 (13,213) 87.80% 48,518 8,086 21,299 (13,213) 43.90% Principal Debt Retirement A-1 550,000 - - Principal Debt Retirement A-2 210,000 - - - - 25,000 Interest Expense Series A-1 466,388 233,194 233,194 Interest Expense Series A-2 365,075 182,538 190,125 (7,587) 52.08% 1,591,463 415,732 448,319 (32,587) 28.17% 1,639,981 423,818 469,618 (45,800) 28.64% 102,469 253,208 858,889 605,681 102,469 - - - 0.00% 102,469 - - - 0.00% 605,681 n/a EXPENDITURES Administration Total Administration Debt Service Prepayments Series A-2 Total Debt Service TOTAL EXPENDITURES - 0.00% - 0.00% (25,000) 0.00% - 50.00% Excess (deficiency) of revenues Over (under) expenditures n/a OTHER FINANCING SOURCES (USES) Contribution to (Use of) Fund Balance TOTAL FINANCING SOURCES (USES) Net change in fund balance $ FUND BALANCE, BEGINNING (OCT 1, 2015) FUND BALANCE, ENDING Report Date: 1/14/2016 102,469 $ 1,448,634 $ 1,551,103 253,208 $ 1,448,634 $ 1,701,842 858,889 $ 1,448,634 $ 2,307,523 Page 4 Agenda Page 60 POINCIANA Community Development District Supporting Schedules December 31, 2015 Agenda Page 61 POINCIANA Community Development District (Monthly Collection Distributions) For the Fiscal Year Ending September 30, 2016 Date Received Net Amount Received Discount (Penalty) Amount Collection Cost ASSESSMENTS LEVIED FY 2016 ALLOCATION % Allocation by Fund Debt Service General Series 2012A Fund Fund (1) (1) 1,719,086 $ 452,301 $ 1,266,786 100% 26% 74% Gross Amount Received $ 11/20/15 28,784 1,585 587 30,956 7,995 22,961 11/25/15 79,255 3,365 1,617 84,237 23,313 60,924 12/04/15 176,602 7,487 3,604 187,693 50,530 137,163 12/16/15 703,994 29,920 14,367 748,280 196,939 551,341 12/23/15 428,599 18,222 8,747 455,568 118,405 337,163 1,417,233 60,578 28,923 1,506,735 397,182 1,109,552 TOTAL % COLLECTED 88% 88% 88% (1) Variance in Budget and Roll: Total Revisions from Budget to TRIM Roll 1. Added 39 H1 Units from District Collected to Tax Roll. Now, all 75 units from C1/H1 are accounted for 2. Added 72 Units from Town Center from District Collected to Tax Roll 3. Reduced 711 off Roll Units by 8 as part of replat of parent parcel 282714933540001000 and added the 8 new DS units to the tax roll. 4. 3 Prepayment received during budget process Total Units removed from District Collected to Tax Roll are 119 Report Date: 1/14/2016 Prepared by: Severn Trent Management Services Page 5 Agenda Page 62 POINCIANA Community Development District Non-Ad Valorem Special Assessments - District Collected (Monthly Assessment Collection Distributions) For the Fiscal Year Ending September 30, 2016 Date Received Allocation by Fund Series 2012A General Debt Service Fund Fund Gross Amount Received Net Amount Received DISTRICT COLLECTED ASSESSMENTS FY 2016 $ ALLOCATION % 709,529 $ 100% 182,750 $ 26% 526,780 74% 10/08/15 TOTAL $ 397,253 $ 397,253 $ 133,863 $ 263,390 $ 397,253 $ 397,253 $ 133,863 $ 263,390 % COLLECTED Report Date: 11/6/2015 56% 73% 50% Prepared by: Severn Trent Management Services Page 6 Agenda Page 63 POINCIANA All Funds Community Development District Cash and Investment Report December 31, 2015 Account Name Bank Name CD Issuer/Investment Type Maturity Yield Balance GENERAL FUND Checking Account - Operating CenterState Bank Checking account n/a $ 1,471,067 Subtotal $ 0.25% 1,471,067 36 month CD CenterState Bank CD 7/6/17 0.45% Money Market Account CenterState Bank MMA n/a 0.05% $ 31,882 Money Market Account BankUnited n/a 0.45% $ 267,487 Subtotal $ 299,368 Operating Account - Fund A SBA MMA Investment Pool n/a 0.25% 106,226 $ 2,093 Subtotal $ 2,093 General Fund Sub-total $ 1,878,755 DEBT SERVICE AND CAPITAL PROJECT FUNDS Series 2012 A-2 Interest Fund US BANK First American Government Obligation n/a 0.00% $ 31 Series 2012A-1 Redemption US BANK First American Government Obligation n/a 0.00% $ 3,040 Series 2012A-2 Redemption US BANK First American Government Obligation n/a 0.00% $ 832 Series 2012 A-1 Reserve Fund US BANK First American Government Obligation n/a 0.00% $ 535,748 Series 2012 A-2 Reserve Fund US BANK First American Government Obligation n/a 0.00% $ 322,618 Series 2012 A Revenue Fund US BANK First American Government Obligation n/a 0.00% $ 412,415 Debt Service and Capital Funds Sub-Total $ 1,274,682 Total $ 3,153,437 Report Date: 1/13/2016 Prepared By: Severn Trent Management Services Page 7 Agenda Page 64 Poinciana CDD Bank Reconciliation Bank Account No. 3173 Statement No. 12-15 CenterState Bank - GF Statement Date 12/31/2015 G/L Balance (LCY) 1,471,067.13 Statement Balance 1,503,142.17 G/L Balance 1,471,067.13 Outstanding Deposits 0.00 Positive Adjustments 0.00 Subtotal 1,503,142.17 Subtotal 1,471,067.13 Outstanding Checks 32,075.04 Negative Adjustments 0.00 Differences 0.00 Ending G/L Balance 1,471,067.13 Ending Balance 1,471,067.13 Difference 0.00 Posting Date Document Type Document No. Description Amount Cleared Amount Difference 12/30/2015 Payment 2092 ATKINS NORTH AMERICA, INC 1,102.50 0.00 1,102.50 12/30/2015 Payment 2093 CLARKE AQUATIC SERVICE, INC. 8,166.66 0.00 8,166.66 12/30/2015 Payment 2094 HOPPING, GREEN & SAMS 10,835.43 0.00 10,835.43 12/30/2015 Payment 2095 MAINSCAPE 11,970.45 0.00 11,970.45 Outstanding Checks Total Outstanding Checks...................................................................................................................... 32,075.04 32,075.04 Page 8 Agenda Page 65 7B. Agenda Page 66 Poinciana Community Development District Check Register by Fund For the Period from 10/1/15 to 10/31/15 (Sorted by Check No.) Fund No. Check No. Check Date Payee Invoice No. Invoice Description G/L Account Name G/L Account # Check Amount GENERAL FUND - 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 001 2059 2060 2060 2061 2061 2061 2061 2061 2062 2062 2063 2064 2065 2066 2067 2067 2068 2069 2070 2071 2071 2071 2071 2072 2073 2073 2073 2073 2073 10/02/15 10/02/15 10/02/15 10/02/15 10/02/15 10/02/15 10/02/15 10/02/15 10/12/15 10/12/15 10/12/15 10/12/15 10/22/15 10/22/15 10/22/15 10/22/15 10/22/15 10/22/15 10/28/15 10/28/15 10/28/15 10/28/15 10/28/15 10/30/15 10/30/15 10/30/15 10/30/15 10/30/15 10/30/15 Report Date 11/6/2015 CLARKE AQUATIC SERVICE, INC. HOPPING, GREEN & SAMS HOPPING, GREEN & SAMS SEVERN TRENT ENVIRONMENTAL SERVICES SEVERN TRENT ENVIRONMENTAL SERVICES SEVERN TRENT ENVIRONMENTAL SERVICES SEVERN TRENT ENVIRONMENTAL SERVICES SEVERN TRENT ENVIRONMENTAL SERVICES DUKE ENERGY DUKE ENERGY FEDEX THE LEDGER CLARKE AQUATIC SERVICE, INC. MAINSCAPE PUBLIC RISK INSURANCE PUBLIC RISK INSURANCE THE LEDGER MAINSCAPE ATKINS NORTH AMERICA, INC HOPPING, GREEN & SAMS HOPPING, GREEN & SAMS HOPPING, GREEN & SAMS HOPPING, GREEN & SAMS MOYER MANAGEMENT GROUP, INC SEVERN TRENT ENVIRONMENTAL SERVICES SEVERN TRENT ENVIRONMENTAL SERVICES SEVERN TRENT ENVIRONMENTAL SERVICES SEVERN TRENT ENVIRONMENTAL SERVICES SEVERN TRENT ENVIRONMENTAL SERVICES 3223512 83904 83915 2080974 2080974 2080974 2080974 2080974 92915 93015 5-174-37577 971659 3223814 1170676 41876 41875 L060G0H48Z 1169984A 1823951 84502 84503 84504 84505 93015 2081413 2081413 2081413 2081413 2081413 WEED & ALGAE SERVICE SEPTEMBER 2015 GEN COUNSEL 8/4/15-8/31/15 INCORPORATION - 8/2015-8/28/15 SEPT 2015 MGMT FEES SEPT 2015 MGMT FEES SEPT 2015 MGMT FEES SEPT 2015 MGMT FEES SEPT 2015 MGMT FEES BILLING PERIOD 8/28/15-9/29/15 BILLING PERIOD 8/28/15-9/29/15 POSTAGE - 9/18/15 NOTICE OF MEETING - 9/9/15 WEED & ALGAE SERVICE - OCT 2015 POND BANK MAINT - OCT 2015 PK2F61 0534021 15-09 10/1/15-10/1/2017 0202-5199-1 10/1/15-10/1/16 MEETING SCHED FOR FY2016 MULCH INST POND C-1 ENG'G SVS - 9/1/15-9/30/15 GENERAL COUNSEL 9/1/15-9/30/15 INCORPORATION - 9/3/15-9/30/15 SALE RECREATION FACILITIES 9/14/15-9/29/15 MERGER - 9/1/15-9/23/15 WEBSITE DOMAIN ANNUAL RENEWAL OCT 2015 MGMT SERVICES OCT 2015 MGMT SERVICES OCT 2015 MGMT SERVICES OCT 2015 MGMT SERVICES OCT 2015 MGMT SERVICES Prepared by: Severn Trent Management Services Contracts-Aquatic Control ProfServ-Legal Services ProfServ-Legal Services ProfServ-Mgmt Consulting Serv ProfServ-Merger Expenses Postage and Freight Printing and Binding Office Supplies Electricity - General Electricity - General Postage and Freight Legal Advertising Contracts-Aquatic Control Contracts-Landscape Insurance - General Liability Insurance - General Liability Legal Advertising R&M-Mulch ProfServ-Engineering ProfServ-Legal Services ProfServ-Legal Services ProfServ-Legal Services ProfServ-Legal Services Communication - Telephone ProfServ-Mgmt Consulting Serv ProfServ-Field Management Postage and Freight Printing and Binding Office Supplies 534067-53901 531023-51401 531023-51401 531027-51201 531060-53901 541006-51301 547001-51301 551002-51301 543006-53901 543006-53901 541006-51301 548002-51301 534067-53901 534050-53901 545002-51301 545002-51301 548002-51301 546059-53901 531013-51501 531023-51401 531023-51401 531023-51401 531023-51401 541003-51301 531027-51201 531016-53901 541006-51301 547001-51301 551002-51301 $11,242.80 $2,505.25 $387.06 $4,611.75 $1,166.67 $15.40 $413.40 $38.50 $32.00 $69.66 $9.49 $285.84 $8,166.66 $11,970.45 $11,703.00 $2,290.00 $267.17 $675.00 $2,220.75 $4,534.44 $2,388.29 $665.50 $1,567.00 $14.99 $4,611.75 $1,166.67 $8.87 $257.10 $44.00 Fund Total $73,329.46 Total Checks Paid $73,329.46 Page 9 Agenda Page 67 Page 10 Agenda Page 68 Page 11 Agenda Page 69 Page 12 Agenda Page 70 Page 13 Agenda Page 71 Page 14 Agenda Page 72 Page 15 Agenda Page 73 Page 16 Agenda Page 74 Page 17 Agenda Page 75 Page 18 Agenda Page 76 Page 19 Agenda Page 77 Page 20 Agenda Page 78 Page 21 Agenda Page 79 Page 22 Agenda Page 80 Page 23 Agenda Page 81 Page 24 Agenda Page 82 Page 25 Agenda Page 83 Page 26 Agenda Page 84 Page 27 Agenda Page 85 Page 28 Agenda Page 86 Page 29 Agenda Page 87 Page 30 Agenda Page 88 Page 31 Agenda Page 89 Page 32 Agenda Page 90 Page 33 Agenda Page 91 Page 34 Agenda Page 92 Page 35 Agenda Page 93 Page 36 Agenda Page 94 Page 37 Agenda Page 95 Page 38 Agenda Page 96 Page 39 Agenda Page 97 Page 40 Agenda Page 98 Page 41 Agenda Page 99 Page 42 Agenda Page 100 Page 43 Agenda Page 101 Page 44 Agenda Page 102 Page 45 Agenda Page 103 Page 46 Agenda Page 104 Page 47 Agenda Page 105 Page 48 Agenda Page 106 Page 49 Agenda Page 107 Page 50 Agenda Page 108 Page 51 Agenda Page 109 Page 52 Agenda Page 110 7C. Agenda Page 111 POINCIANA COMMUNITY DEVELOPMENT DISTRICT Motion: Assigning Fund Balance as of 9/30/15 The Board hereby assigns the FY 2015 Reserves as follows: Operating Reserve $151,212 *Note: Assignment above is to be confirmed by motion at 1/25/16 board meeting. Agenda Page 112 7D. Agenda Page 113 SECOND AMENDMENT TO THE MANAGEMENT ADVISORY SERVICES AGREEMENT BETWEEN POINCIANA COMMUNITY DEVELOPMENT DISTRICT AND SEVERN TRENT ENVIRONMENTAL SERVICES, INC. THIS AMENDMENT is made and entered into this 25th day of January 2016, by and between Severn Trent Environmental Services (hereinafter called the Manager) and Poinciana Community Development District (hereinafter called the District); WHEREAS, on October 26, 2006 the DISTRICT entered into a Management Advisory Services Agreement (the "Agreement") with the MANAGER; and WHEREAS, on October 1, 2013 the DISTRICT and the MANAGER entered into an agreement to modify the scope of services and fee schedule NOW, THEREFORE, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. 2. 3. Amendment to the Exhibit A – Fee Schedule: is hereby amended to include the following additional language: The compensation is hereby amended to include the following additional language: Fees not paid by the District: The Manager will charge $75 per lot per estoppel and/or closing statement to the requester for said information. Current Agreement: Except as provided in this Amendment, the other terms and conditions of the Agreement shall remain in full force and effect. In the event of a conflict between the terms of this Amendment and the terms of the original Agreement, the terms of this Amendment shall prevail. Effective Date. This Amendment shall be effective on the 25th day of January 2016. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed as of the date and year first above written. Page 1 of 2 Agenda Page 114 SEVERN TRENT ENVIRONMENTAL SERVICES, INC. POINCIANA COMMUNITY DEVELOPMENT DISTRICT BY_____________________________ BY____________________________ Name: __________________________ (Print) Name: _________________________ (Print) Title: Title: Chairperson General Manager Management Services Southeast Page 2 of 2 Agenda Page 115 Eighth Order of Business Agenda Page 116 8Ci. Agenda Page 117 POINCIANA COMMUNITY DEVELOPMENT DISTRICT FIELD MANAGEMENT REPORT JANUARY 2016 Agenda Page 118 POINCIANA COMMUNITY DEVELOPMENT DISTRICT FIELD MAINTENANCE HIGHLIGHT REPORT JANUARY 2016 COMPLETED ITEMS: Meet with contractors on a monthly basis Follow up with vendors on pending items Review and process invoices on a weekly basis Perform irrigation maintenance/repairs Follow up on daily resident and vendors’ activities Returned phone calls Solved resident inquiries made by phone and e-mail Remove Christmas lights ATTACHMENTS Action Items List Resident Call Log Clarke Aquatic treatment report Clarke Midge treatment report Mainscape report Agenda Page 119 POINCIANA COMMUNITY DEVELOPMENT DISTRICT ACTION ITEMS LIST Agenda Page 120 Action Items List from meeting in November, 2015 Last updated 1/13/16 No Location 1. Description Action Taken Status Christmas lights Field staff removed Christmas lights Complete Vegetation Vendor removed vegetation Complete Vendor installed Complete 2. 561 Glendora, Pond D-8 3. 524 Catanya, Pond B-1 4. Pond A12 Damaged sod while mowing Vendor repaired damaged sod Complete 5. Pond C-1 Pond C-1 has beds on the west side Vendor to clean in January Pending 6. 7. 8. 9. Standard Crape Myrtle installed Agenda Page 121 POINCIANA COMMUNITY DEVELOPMENT DISTRICT RESIDENTIAL CALL LOG Agenda Page 122 Poinciana Community Development District - Complaints Log Caller (Email sender) Date Location (Address) Complaint Action Taken Status Fran 11/13/2015 899 Grand Canal Venezia weeds in pond pond is clean Complete Michael McCracken 11/12/2015 232 Indian Wells given to Brian for his direction Complete Michael McCracken 11/16/2015 232 Indian Wells wants the weir painted weir has water line, needs cleaning, painting Michael McCracken 11/30/2015 232 Indian Wells Pond D-1 pond is green Clarke notified given to Brian for his direction Complete Complete Rudy Bautista 12/23/2015 Milan Lane/Barcelona Flora Vista hole near sidewalk that's growing; not irrigation Barbara Rhyne 12/28/2015 Bella Viana mosquitos this is Polk County, not Clarke Complete Lynne Popvich 1/7/2016 Pond D10 algae notified Clarke Complete Complete Agenda Page 123 POINCIANA COMMUNITY DEVELOPMENT DISTRICT CLARKE AQUATIC TREATMENT REPORT Agenda Page 124 PCDD Monthly Treatment Report Date between : 12/1/2015 and 12/31/2015 Customer Site ID 10-A 10-B A-1 A-1 A-1 A-1 A-1 A-11 A-12 A-13 A-2 A-2 A-2 A-2 A-20 A-20 A-20 A-21 A-21 A-21 A-22 A-4 A-5 A-6 A-7 A-8 A-9 B-1 B-1 B-1 B-1 B-1 B-11 B-15 B-16 C-1 C-10 C-10 C-10 Treatment Date 12/2/2015 12/2/2015 12/17/2015 12/17/2015 12/17/2015 12/17/2015 12/17/2015 12/2/2015 12/2/2015 12/2/2015 12/16/2015 12/16/2015 12/16/2015 12/16/2015 12/16/2015 12/16/2015 12/16/2015 12/17/2015 12/17/2015 12/17/2015 12/17/2015 12/2/2015 12/2/2015 12/2/2015 12/17/2015 12/8/2015 12/2/2015 12/17/2015 12/17/2015 12/17/2015 12/17/2015 12/17/2015 12/2/2015 12/2/2015 12/2/2015 12/8/2015 12/17/2015 12/17/2015 12/17/2015 Condition/Weeds Treated Clean Clean Alligator Weed Filamentous Pennywort Planktonic Shoreline Grasses Clean Clean Clean Alligator Weed Pennywort Planktonic Shoreline Grasses Alligator Weed Pennywort Shoreline Grasses Alligator Weed Pennywort Shoreline Grasses Clean Clean Planktonic Clean Clean Clean Clean Alligator Weed Filamentous Pennywort Planktonic Shoreline Grasses Clean Filamentous Clean Clean Alligator Weed Cattail Pennywort Agenda Page 125 C-10 C-11 C-11 C-12 C-12 C-12 C-12 C-12 C-12 C-13 C-14 C-15 C-16 C-16 C-16 C-17 C-17 C-17 C-18 C-19 C-2 C-2 C-2 C-20 C-20 C-20 C-20 C-3 C-6 C-6B C-6B C-8 C-8 C-8 C-8 C-8 C-9 C-9 C-9 D-1 D-1 D-10 D-10 12/17/2015 12/17/2015 12/17/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/17/2015 12/17/2015 12/17/2015 12/2/2015 12/17/2015 12/8/2015 12/8/2015 12/8/2015 12/17/2015 12/17/2015 12/17/2015 12/17/2015 12/8/2015 12/16/2015 12/17/2015 12/17/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/16/2015 12/16/2015 12/16/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 Shoreline Grasses Filamentous Planktonic Alligator Weed Filamentous Pennywort Planktonic Primrose Shoreline Grasses Clean Clean Clean Alligator Weed Pennywort Shoreline Grasses Filamentous Planktonic Filamentous Clean Filamentous Alligator Weed Pennywort Shoreline Grasses Alligator Weed Filamentous Pennywort Shoreline Grasses Clean Clean Filamentous Planktonic Alligator Weed Filamentous Pennywort Planktonic Shoreline Grasses Alligator Weed Pennywort Shoreline Grasses Filamentous Planktonic Alligator Weed Filamentous Agenda Page 126 D-10 D-10 D-10 D-11 D-2 D-2 D-2 D-3 D-4 D-5 D-5 D-6 D-6 D-6 D-7 D-7 D-7 D-7 D-8 D-8 D-8 D-8 D-9 D-9 D-9 D-9 E-1 E-1 E-1 E-11 E-15 E-18 E-18 E-18 E-19 E-19 E-19 E-2 E-2 E-2 E-21 E-21 E-21 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/8/2015 12/16/2015 12/16/2015 12/16/2015 12/16/2015 12/16/2015 12/16/2015 12/16/2015 12/16/2015 12/16/2015 12/16/2015 12/16/2015 12/16/2015 12/16/2015 12/16/2015 12/16/2015 12/16/2015 12/16/2015 Pennywort Planktonic Shoreline Grasses Clean Alligator Weed Pennywort Shoreline Grasses Clean Clean Pennywort Shoreline Grasses Alligator Weed Pennywort Shoreline Grasses Alligator Weed Cattail Pennywort Shoreline Grasses Alligator Weed Cattail Pennywort Shoreline Grasses Alligator Weed Cattail Pennywort Shoreline Grasses Alligator Weed Pennywort Shoreline Grasses Clean Clean Alligator Weed Pennywort Shoreline Grasses Alligator Weed Pennywort Shoreline Grasses Alligator Weed Pennywort Shoreline Grasses Alligator Weed Pennywort Shoreline Grasses Agenda Page 127 E-3 E-3 E-31 E-5 E-6 E-6 E-6 E-8 F-7 10-A 10-B 12/17/2015 12/17/2015 12/8/2015 12/8/2015 12/16/2015 12/16/2015 12/16/2015 12/16/2015 12/8/2015 12/2/2015 12/2/2015 Filamentous Planktonic Clean Clean Alligator Weed Pennywort Shoreline Grasses Clean Clean Clean Clean Agenda Page 128 POINCIANA COMMUNITY DEVELOPMENT DISTRICT CLARKE MIDGE TREATMENT REPORT Agenda Page 129 PCDD Monthly Midge Treatment Report December 2015 Customer PCDD TRUCK ULV PCDD TRUCK ULV PCDD TRUCK ULV PCDD TRUCK ULV PCDD TRUCK ULV PCDD TRUCK ULV PCDD TRUCK ULV PCDD TRUCK ULV PCDD TRUCK ULV PCDD TRUCK ULV PCDD TRUCK ULV PCDD TRUCK ULV PCDD TRUCK ULV PCDD TRUCK ULV PCDD TRUCK ULV PCDD TRUCK ULV PCDD TRUCK ULV PCDD TRUCK ULV PCDD TRUCK ULV PCDD TRUCK ULV PCDD TRUCK ULV PCDD ATV ULV PCDD TRUCK ULV PCDD TRUCK ULV PCDD TRUCK ULV PCDD TRUCK ULV PCDD TRUCK ULV PCDD TRUCK ULV PCDD TRUCK ULV PCDD ATV ULV PCDD TRUCK ULV PCDD TRUCK ULV Route Start Date End Date Used Quantity Unit of Measure Chemical Used Quantity Unit of Measure Venezia Bella Viana Lago Vista Monte Lena Rainbow Lakes Terra/Flora Vista Capri Venezia Bella Viana Lago Vista Monte Lena Rainbow Lakes Terra/Flora Vista Capri Venezia Bella Viana Lago Vista Monte Lena Rainbow Lakes Terra/Flora Vista Capri ATV-all ponds Venezia Bella Viana Lago Vista Monte Lena Rainbow Lakes Terra/Flora Vista Capri 12/2/2015 12/2/2015 12/2/2015 12/2/2015 12/2/2015 12/2/2015 12/2/2015 12/7/2015 12/7/2015 12/7/2015 12/7/2015 12/7/2015 12/7/2015 12/7/2015 12/14/2015 12/14/2015 12/14/2015 12/14/2015 12/14/2015 12/14/2015 12/14/2015 12/16/2015 12/21/2015 12/21/2015 12/21/2015 12/21/2015 12/21/2015 12/21/2015 12/21/2015 12/2/2015 12/2/2015 12/2/2015 12/2/2015 12/2/2015 12/2/2015 12/2/2015 12/7/2015 12/7/2015 12/7/2015 12/7/2015 12/7/2015 12/7/2015 12/7/2015 12/14/2015 12/14/2015 12/14/2015 12/14/2015 12/14/2015 12/14/2015 12/14/2015 12/16/2015 12/21/2015 12/21/2015 12/21/2015 12/21/2015 12/21/2015 12/21/2015 12/21/2015 3.1 2.2 0.4 0.8 0.5 2.6 1 2.8 2.4 0.4 0.8 0.4 3.5 0.9 2.8 2.4 0.4 0.8 0.4 3.6 1 7.7 2.8 0.4 2.3 0.8 0.4 3.5 0.9 mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi mi 0.55 0.48 0.09 0.16 0.11 0.57 0.2 0.49 0.42 0.08 0.15 0.09 0.73 0.16 0.48 0.4 0.08 0.16 0.11 0.76 0.21 1.7 0.47 0.08 0.4 0.16 0.1 0.72 0.2 gal gal gal gal gal gal gal gal gal gal gal gal gal gal gal gal gal gal gal gal gal gal gal gal gal gal gal gal gal ATV-all ponds 12/22/2015 12/22/2015 6.2 mi 1.37 gal Venezia 12/2/2015 Bella Viana 12/2/2015 Total For The Month 12/2/2015 12/2/2015 3.1 2.2 58.20 mi mi mi 0.55 0.48 11.68 gal gal gal Start Date End Date Used Quantity Unit of Measure Chemical Used Quantity Unit of Measure 0.00 ac 0.00 oz Abate 4E Larvicide Ponds No ponds were larvicided this month Total For The Month Agenda Page 130 POINCIANA COMMUNITY DEVELOPMENT DISTRICT MAINSCAPE REPORT Agenda Page 131 Subject: Poinciana November - 2015 Monthly mowing completed Removed vegetation behind 561 Glendora, Pond D-8 December - 2015 Monthly mowing completed Standard Crape Myrtle installed behind 524 Catanya, Pond B-1 Damaged sod on Pond A12 while mowing, repaired damage January - 2016 Monthly mowing in progress Pond C-1 has beds on the west side to be cleaned this month Justin C. Reviczky Branch Manager Mainscape, Inc.