Poinciana West Community Development District Agenda Package July 19, 2023 July 12, 2023 Board of Supervisors Poinciana West Community Development District Dear Board Members: The Board of Supervisors of Poinciana West Community Development District will meet Wednesday, July 19, 2023 at 9:00 AM at the Starlite Ballroom, 384 Village Drive, Poinciana, Florida. Zoom Information for Members of the Public: Link: https://zoom.us/j/94240027437 Dial-in Number: (646) 876-9923 Meeting ID: 942 4002 7437 Following is the advance agenda for the meeting: 1. Roll Call 2. Pledge of Allegiance 3. Public Comment Period on Agenda Items 4. Organizational Matters A. Acceptance of Resignation of Joseph Clark B. Appointment of Individual to Fulfill Board Vacancy with Term Ending November 2024 C. Administration of Oath of Office to Newly Appointed Board Member D. Consideration of Resolution 2023-07 Electing Officers 5. Approval of Minutes of the May 17, 2023 Meeting 6. Public Hearing A. Consideration of Resolution 2023-02 Adopting the Fiscal Year 2024 Budget and Relating to the Annual Appropriations B. Consideration of Resolution 2023-03 Imposing Special Assessments and Certifying an Assessment Roll 7. Consideration of Resolution 2023-04 Appointing an Assistant Secretary 8. Consideration of Resolution 2023-05 Re-Designating Bank Account Signatories 9. Consideration of Resolution 2023-06 Approving the Conveyance of Tracts P-19A and P-19B 10. Review of Status of Investment Funds 11. Staff Reports A. Attorney B. Engineer i. Review and Acceptance of Annual Engineer’s Report C. District Manager i. Approval of Check Register ii. Balance Sheet and Income Statement iii. Approving the Proposed Fiscal Year 2024 Meeting Dates D. Field Manager’s Report i. Customer Complaint Log 12. Supervisor’s Requests 13. General Audience Comments 14. Other Business 15. Next Meeting Date – September 20, 2023 16. Adjournment Sincerely, Tricia Adams Tricia L. Adams District Manager RESOLUTION 2023-07 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE POINCIANA WEST COMMUNITY DEVELOPMENT DISTRICT ELECTING THE OFFICERS OF THE DISTRICT AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Poinciana West Community Development District (the “District”) is a local unit of special purpose government created and existing pursuant to Chapter 190, Florida Statutes; and WHEREAS, the Board of Supervisors of the District (“Board”) desires to elect the Officers of the District. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE POINCIANA WEST COMMUNITY DEVELOPMENT DISTRICT: Section 1. ________________________ is elected Chairperson. Section 2. ________________________ is elected Vice-Chairperson. Section 3. ________________________ is elected Secretary. Section 4. ________________________ is elected Assistant Secretary. ________________________ is elected Assistant Secretary. ________________________ is elected Assistant Secretary. ________________________ is elected Assistant Secretary. Section 5. ________________________ is elected Treasurer. Section 6. ________________________ is elected Assistant Treasurer. Section 7. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 19th day of July, 2023. ATTEST: POINCIANA WEST COMMUNITY DEVELOPMENT DISTRICT _________________________________ ____________________________________ Secretary/Assistant Secretary Chairperson/Vice-Chairperson MINUTES OF MEETING POINCIANA WEST COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Poinciana West Community Development District was held on Wednesday, May 17, 2023 at 9:00 a.m. via Zoom Communication Media Technology and in the Starlite Ballroom, 384 Village Drive, Poinciana, Florida. Present and constituting a quorum were: Peggy Gregory Chair Roy LaRue Vice Chairman Joe Clark Assistant Secretary Also present were: Tricia Adams District Manager Scott Clark District Counsel Kathy Leo District Engineer Clayton Smith Field Manager Residents (Present & via Zoom) The following is a summary of the discussions and actions taken at the May 17, 2023 Poinciana West Community Development District’s Board of Supervisors Meeting. FIRST ORDER OF BUSINESS Roll Call Ms. Adams called the meeting to order at 9:00 a.m. and called the roll. A quorum was present. SECOND ORDER OF BUSNESS Pledge of Allegiance The Pledge of Allegiance was recited. THIRD ORDER OF BUSINESS Public Comment Period on Agenda Items There were no public comments. FOURTH ORDER OF BUSINESS Approval of Minutes of the March 15, 2023 Meeting Ms. Adams indicated that the draft minutes were provided to the Board for input and comments and were reviewed by staff. No comments or corrections were received. On MOTION by Mr. Joseph Clark seconded by Mr. LaRue with all in favor the Minutes of the March 15, 2023 Meeting were approved, as presented. FIFTH ORDER OF BUSI2NESS Consideration of Resolution 2023-01 Approving the Proposed Fiscal Year 2024 Budget and Setting a Public Hearing Ms. Adams presented Resolution 2023-01, approving the Proposed Fiscal Year 2024 budget, which was included in the agenda package. This was the starting point for the budget, which was not set and was subject to revisions by Board Members up until the time it is adopted at a duly noticed public hearing, which was scheduled for July 19, 2023 at 9:00 a.m. This date was set when the Board adopted the annual meeting schedule and it was critical that three Board Members be in attendance. All Board Members present confirmed that they would be in attendance. The resolution also allowed for transmission of the Proposed Budget to Polk County in accordance with Florida Statutes, posting on the District’s website and notice of the hearing in a newspaper of general circulation in Polk County. Attached to the resolution as an exhibit, was the Proposed Budget for Fiscal Year 2024. During last year’s budget discussion, staff was asked to include several years of actuals as the Board wanted a longer history of the District’s income and expenses. The budget anticipated the same amount of revenue as the current budget. All property was platted and on the tax roll. The expenses for Property Conveyance were removed and “Management Fees” increased to $43,260, based on the Board requesting 12 meetings per year. Ms. Gregory voiced concern with Supervisors Fees being based on 12 meetings, $1,000 being budgeting for “Postage” based on the Supervisors receiving an agenda package for 12 meetings and “Insurance” being increased from $3,650 to $4,198. Ms. Adams confirmed that “Insurance” was increased based on an estimated increase in public officials and liability insurance. Ms. Gregory requested a Request for Proposal (RFP) be submitted for the public officials and liability insurance. There was Board consensus. Mr. LaRue did not see the need to meet every month and preferred that Supervisors Fees and Management Fees be based on a sixmonth meeting schedule. Ms. Adams would amend the budget to reduce Supervisors Fees to $6,000 and Management Fees to $41,200. Mr. Scott Clark joined the meeting. Ms. Gregory was working with Ms. Adams on the bank charges with Truist. If Truist did not work with them, Ms. Gregory would move the funds to another public depository. For the Operations & Maintenance (O&M) Budget, Mr. LaRue requested that the tables in the budget under Landscape Maintenance, Aquatic Control Maintenance and Aquatic Midge Management, say “Contingency Based on the Addition of Two Ponds.” Ms. Adams noted a 3% increase for Field Services from $10,300 to $10,609. Assessments were the same as the prior fiscal year at $186.57 per unit. On MOTION by Ms. Gregory seconded by Mr. LaRue with all in favor Resolution 2023-01 Approving the Proposed Fiscal Year 2024 Budget and Setting a Public Hearing for July 19, 2023 at 9:00 a.m. at this location, was approved. SIXTH ORDER OF BUSINESS Presentation of Arbitrage Rebate Calculation Report Ms. Adams presented the Arbitrage Rebate Calculation Report from AMTEC, which was included in the agenda package, as the District was required to report to the Internal Revenue Service that the District was not earning more interest than what it was paying. According to AMTEC, no rebate liability existed. On MOTION by Mr. Joseph Clark seconded by Ms. Gregory with all in favor the Arbitrage Rebate Calculation Report as prepared by AMTEC was accepted. SEVENTH ORDER OF BUSINESS Staff Reports A. Attorney i. Update on Conveyance of 2 Stormwater Tracts Mr. Scott Clark recalled that the Board approved an Acquisition Agreement at the last meeting for Ponds 19A and 19B. After the last meeting, the agreement was placed in final form and executed. The $15,000 required deposit was received. Mr. Scott Clark reviewed the documents and recommended acceptance of the parcels, as the documents appeared to be in order. Ms. Leo pointed out that Ponds 19A and 19B were at the front entrance and reviewed the as-builts and permits, pursuant to the Acquisition Agreement and performed a visual inspection this morning. Everything looked good and Ms. Leo recommended acceptance. Ms. Gregory questioned the extent of a visual inspection. Ms. Leo explained with a visual inspection they did not observe underwater structures, but looked at the structures and if the banks were in good shape. Ms. Gregory did not have a problem, as long as everything was in order and questioned whether it would be finalized in October for the new budget year. Mr. Scott Clark would come back to the Board at the July meeting with a formal recommendation and transfer as of October 1st. Mr. LaRue asked if the two ponds were being treated for midge and aquatic control. Mr. Smith confirmed that they were being mowed and aquatically treated, but there were no midge services. As soon as they were conveyed to the District, they would be added to the landscape maintenance, aquatic control and midge management contracts. It should be an easy transition. Mr. LaRue questioned whether there were any midge complaints. Mr. Smith would ask Clarke. Mr. Scott Clark reported that the Florida Legislature was active this year and a summary would be provided to the Board at the July meeting. Ms. Gregory recalled discussion at several meetings about the amount to pay the District in advance to maintain the ponds but did not see any estimates and suggested that Taylor Morrison (TM) pay $15,000 in fees for one-year of maintenance. Ms. Leo indicated that it was at Mr. Smith’s discretion on how the maintenance was performed on ponds that the District owned and suggested that the District own the assets sooner than later. Mr. LaRue was comfortable with TM performing one year of maintenance. Mr. Clark would speak to TM and report back at the July meeting. B. Engineer Ms. Leo noted there were other assets owned by other entities such as the wetlands and requested that the District not lose sight of long-term maintenance. They had several conversations in the field with Mr. Smith about looking at how the edges were maintained. Maintenance staff did a great job of shifting the maintenance of the curvature at the water to soften the edge so the effects of erosion were not experienced over time by including plantings. It was a different look for the bonds, but the healthy vegetation was coming back on its own. Mr. LaRue asked if it would be mowed at all. Mr. Smith stated that it would be mowed to the dry portion and once it goes out into the water, it would be lightly sprayed to keep it under control and allow foliage to flow into the water. Mr. LaRue asked if there would be shaving to provide the contour that they wanted. Mr. Smith pointed out there would be a gradual slope all the way to the water by allowing grasses to grow into the water to provide a clean transition between the water and the pond bank and prevent a shelf from forming. On the west side, there were no ponds that had a major issue and the idea for this approach would be to keep it from getting to that point. Mr. LaRue received a request from a resident about a pond with an extremely low water level and whether they could pump from one pond to another. Ms. Leo explained that there was no pumping in their system and the pumps were filled from rainfall. It was designed like a tier system that outflows to discharge points, mainly wetlands. In the early part of the year when there was no rain, there would be a fluctuation in levels, which was not unusual this time of year. C. District Manager i. Approval of Check Register Ms. Adams presented the Check Register for March 1, 2023 through March 31, 2023 totaling $85,372.38. It included the General Fund, payroll, detailed invoices and Check Run Summary. On MOTION by Ms. Gregory seconded by Mr. LaRue with all in favor the March Check Register as stated above was approved. ii. Balance Sheet and Income Statement Ms. Adams presented the Unaudited Financial Statement through March 31, 2023. No Board action was required. The Board did a good job controlling expenses as expenses were $172,208. Mr. LaRue questioned why there were no expenditures under Supervisor Fees. Ms. Adams confirmed that the only meeting was in March and would be reflected in the next set of financials. iii. Presentation of Number of Registered Voters – 2,561 Ms. Adams reported according to the Polk County Supervisor of Elections, as of April 15th, there were 2,561 registered voters within the boundaries of the District. No action was required by the Board. This information was more significant in the beginning years of the District, because when the District reached 250 registered voters and six years of being established, its seats would transition to the General Election. However, this was no longer germane as the District already transitioned to the General Election process. D. Field Manager’s Report Mr. Smith presented the Field Manager’s Report, which was included in the agenda package. Most items were complete, but a few items remained such as the pond conveyance and change in maintenance approach to preserve pond banks. Some of the skimmers were straightened and large debris was removed from grates. A few action items would be completed this week or next week and then this year’s action items would be completed. SOLitude’s new report was included in the agenda package. It was not user friendly and Mr. Smith would speak to SOLitude about streamlining their reports. The midge report was also included. i. Customer Complaint Log Mr. Smith presented the Customer Complaint Log, which was included in the agenda package. The clogged water drain on Cambria Bend was resolved. There was no issue with the drain and it was due to the hurricane. Midges were sprayed and overgrowth was removed on an HOA pond. There was construction debris in Pond 15, which was removed per a proposal. Trash would be removed from Pond C-12 this week or next week in coordination with the HOA and the builder; however, there should be an in-depth cleaning. Pond 3 was treated for algae. Mr. LaRue questioned what Pond LD-1 was. Mr. Smith indicated that it was a tract along the back of the community that was owned by the HOA. EIGHTH ORDER OF BUSINESS Supervisor’s Requests Ms. Gregory requested the prioritization of the investment of surplus funds in the State Board of Administration Account. Ms. Adams would speak to the accountant and provide a status report to the Board in July. Ms. Gregory requested a report on the District funds on the amount that was moved, when it was moved and what they were earning. Mr. LaRue preferred receiving a status report every two weeks. NINTH ORDER OF BUSINESS General Audience Comments There being no comments, the next item followed. TENTH ORDER OF BUSINESS Other Business There being no comments, the next item followed. ELEVENTH ORDER OF BUSINESS Next Meeting Date – July 19, 2023 Ms. Adams stated that the next meeting was scheduled for July 19, 2023 at 9:00 a.m. Mr. LaRue pointed out that the meeting after July would be September as they were now meeting every two months. TWELFTH ORDER OF BUSINESS Adjournment On MOTION by Mr. Joseph Clark seconded by Ms. Gregory with all in favor the meeting was adjourned. ________________________________ ________________________________ Secretary / Assistant Secretary Chairman / Vice Chairman RESOLUTION 2023-02 THE ANNUAL APPROPRIATION RESOLUTION OF THE POINCIANA WEST COMMUNITY DEVELOPMENT DISTRICT (“DISTRICT”) RELATING TO THE ANNUAL APPROPRIATIONS AND ADOPTING THE BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2023 AND ENDING SEPTEMBER 30, 2024; AUTHORIZING BUDGET AMENDMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the District Manager has, prior to the fifteenth (15th) day in June, 2023, submitted to the Board of Supervisors (“Board”) of the Poinciana West Community Development District (“District”) proposed budgets (“Proposed Budgets”) for the fiscal year beginning October 1, 2023 and ending September 30, 2024 (“Fiscal Year 2023/2024”) along with an explanatory and complete financial plan for each fund of the District, pursuant to the provisions of Section 190.008(2)(a), Florida Statutes; and WHEREAS, at least sixty (60) days prior to the adoption of the Proposed Budgets, the District filed a copy of the Proposed Budgets with the local governing authorities having jurisdiction over the area included in the District pursuant to the provisions of Section 190.008(2)(b), Florida Statutes; and WHEREAS, the Board set a public hearing thereon and caused notice of such public hearing to be given by publication pursuant to Section 190.008(2)(a), Florida Statutes; and WHEREAS, the District Manager posted the Proposed Budgets on the District’s website at least two days before the public hearing; and WHEREAS, Section 190.008(2)(a), Florida Statutes, requires that, prior to October 1st of each year, the Board, by passage of the Annual Appropriation Resolution, shall adopt a budget for the ensuing fiscal year and appropriate such sums of money as the Board deems necessary to defray all expenditures of the District during the ensuing fiscal year; and WHEREAS, the District Manager has prepared the Proposed Budgets, whereby the budgets shall project the cash receipts and disbursements anticipated during a given time period, including reserves for contingencies for emergency or other unanticipated expenditures during the fiscal year. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE POINCIANA WEST COMMUNITY DEVELOPMENT DISTRICT: SECTION 1. BUDGET a. The Board has reviewed the Proposed Budgets, copies of which are on file with the office of the District Manager and at the District’s Local Records Office, and hereby approves certain amendments thereto, as shown in Section 2 below. b. The Proposed Budgets, attached hereto as Exhibit A, as amended by the Board, are hereby adopted in accordance with the provisions of Section 190.008(2)(a), Florida Statutes (“Adopted Budgets”), and incorporated herein by reference; provided, however, that the comparative figures contained in the Adopted Budgets may be subsequently revised as deemed necessary by the District Manager to reflect actual revenues and expenditures. c. The Adopted Budgets, as amended, shall be maintained in the office of the District Manager and at the District’s Local Records Office and identified as “The Budgets for the Poinciana West Community Development District for the Fiscal Year Ending September 30, 2024.” d. The Adopted Budgets shall be posted by the District Manager on the District’s official website within thirty (30) days after adoption, and shall remain on the website for at least 2 years. SECTION 2. APPROPRIATIONS There is hereby appropriated out of the revenues of the District, for Fiscal Year 2023/2024, the sum of $________________ to be raised by the levy of assessments and/or otherwise, which sum is deemed by the Board to be necessary to defray all expenditures of the District during said budget year, to be divided and appropriated in the following fashion: TOTAL GENERAL FUND $__________________ DEBT SERVICE FUND - SERIES 2017-1 & -2 $__________________ CAPITAL RESERVE FUND $__________________ TOTAL ALL FUNDS $__________________ SECTION 3. BUDGET AMENDMENTS Pursuant to Section 189.016, Florida Statutes, the District at any time within Fiscal Year 2023/2024 or within 60 days following the end of the Fiscal Year 2023/2024 may amend its Adopted Budget for that fiscal year as follows: a. The Board may authorize an increase or decrease in line item appropriations within a fund by motion recorded in the minutes if the total appropriations of the fund do not increase. b. The District Manager or Treasurer may authorize an increase or decrease in line item appropriations within a fund if the total appropriations of the fund do not increase and if the aggregate change in the original appropriation item does not exceed $10,000 or 10% of the original appropriation. c. By resolution, the Board may increase any appropriation item and/or fund to reflect receipt of any additional unbudgeted monies and make the corresponding change to appropriations or the unappropriated balance. d. Any other budget amendments shall be adopted by resolution and consistent with Florida law. The District Manager or Treasurer must establish administrative procedures to ensure that any budget amendments are in compliance with this Section 3 and Section 189.016, Florida Statutes, among other applicable laws. Among other procedures, the District Manager or Treasurer must ensure that any amendments to budget under subparagraphs c. and d. above are posted on the District’s website within 5 days after adoption and remain on the website for at least 2 years. SECTION 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 19th DAY OF JULY, 2023. ATTEST: POINCIANA WEST COMMUNITY DEVELOPMENT DISTRICT By: Secretary/Assistant Secretary Its: This item will be provided under separate cover RESOLUTION 2023-03 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE POINCIANA WEST COMMUNITY DEVELOPMENT DISTRICT MAKING A DETERMINATION OF BENEFIT AND IMPOSING SPECIAL ASSESSMENTS FOR FISCAL YEAR 2023/2024; PROVIDING FOR THE COLLECTION AND ENFORCEMENT OF SPECIAL ASSESSMENTS; CERTIFYING AN ASSESSMENT ROLL; PROVIDING FOR AMENDMENTS TO THE ASSESSMENT ROLL; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Poinciana West Community Development District (“District”) is a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, for the purpose of providing, operating and maintaining infrastructure improvements, facilities and services to the lands within the District; and WHEREAS, the District is located in Polk County, Florida (“County”); and WHEREAS, the District has constructed or acquired various infrastructure improvements and provides certain services in accordance with the District’s adopted capital improvement plan and Chapter 190, Florida Statutes; and WHEREAS, the Board of Supervisors (“Board”) of the District hereby determines to undertake various operations and maintenance and other activities described in the District’s budget (“Adopted Budget”) for the fiscal year beginning October 1, 2023 and ending September 30, 2024 (“Fiscal Year 2023/2024”), attached hereto as Exhibit A and incorporated by reference herein; and WHEREAS, the District must obtain sufficient funds to provide for the operation and maintenance of the services and facilities provided by the District as described in the Adopted Budget; and WHEREAS, the provision of such services, facilities, and operations is a benefit to lands within the District; and WHEREAS, Chapter 190, Florida Statutes, provides that the District may impose special assessments on benefitted lands within the District; and WHEREAS, it is in the best interests of the District to proceed with the imposition of the special assessments for operations and maintenance in the amount set forth in the Adopted Budget; and WHEREAS, the District has previously levied an assessment for debt service, which the District desires to collect for Fiscal Year 2023/2024; and WHEREAS, Chapter 197, Florida Statutes, provides a mechanism pursuant to which such special assessments may be placed on the tax roll and collected by the local tax collector (“Uniform Method”), and the District has previously authorized the use of the Uniform Method by, among other things, entering into agreements with the Property Appraiser and Tax Collector of the County for that purpose; and WHEREAS, it is in the best interests of the District to adopt the Assessment Roll of the Poinciana West Community Development District (“Assessment Roll”) attached to this Resolution as Exhibit B and incorporated as a material part of this Resolution by this reference, and to certify the Assessment Roll to the County Tax Collector pursuant to the Uniform Method; and WHEREAS, it is in the best interests of the District to permit the District Manager to amend the Assessment Roll, certified to the County Tax Collector by this Resolution, as the Property Appraiser updates the property roll for the County, for such time as authorized by Florida law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE POINCIANA WEST COMMUNITY DEVELOPMENT DISTRICT: SECTION 1. BENEFIT & ALLOCATION FINDINGS. The Board hereby finds and determines that the provision of the services, facilities, and operations as described in Exhibit A confers a special and peculiar benefit to the lands within the District, which benefit exceeds or equals the cost of the assessments. The allocation of the assessments to the specially benefitted lands, as shown in Exhibits A and B, is hereby found to be fair and reasonable. SECTION 2. ASSESSMENT IMPOSITION. Pursuant to Chapters 190 and 197, Florida Statutes, and using the procedures authorized by Florida law for the levy and collection of special assessments, a special assessment for operation and maintenance is hereby imposed and levied on benefitted lands within the District, and in accordance with Exhibits A and B. The lien of the special assessments for operations and maintenance imposed and levied by this Resolution shall be effective upon passage of this Resolution. Moreover, pursuant to Section 197.3632(4), Florida Statutes, the lien amount shall serve as the “maximum rate” authorized by law for operation and maintenance assessments. SECTION 3. COLLECTION. The collection of the operation and maintenance special assessments and previously levied debt service assessments shall be at the same time and in the same manner as County taxes in accordance with the Uniform Method, as indicated on Exhibits A and B. The decision to collect special assessments by any particular method – e.g., on the tax roll or by direct bill – does not mean that such method will be used to collect special assessments in future years, and the District reserves the right in its sole discretion to select collection methods in any given year, regardless of past practices. SECTION 4. ASSESSMENT ROLL. The Assessment Roll, attached to this Resolution as Exhibit B, is hereby certified to the County Tax Collector and shall be collected by the County Tax Collector in the same manner and time as County taxes. The proceeds therefrom shall be paid to the District. SECTION 5. ASSESSMENT ROLL AMENDMENT. The District Manager shall keep apprised of all updates made to the County property roll by the Property Appraiser after the date of this Resolution, and shall amend the Assessment Roll in accordance with any such updates, for such time as authorized by Florida law, to the County property roll. After any amendment of the Assessment Roll, the District Manager shall file the updates in the District records. SECTION 6. SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Resolution shall not affect the validity or enforceability of the remaining portions of this Resolution, or any part thereof. SECTION 7. EFFECTIVE DATE. This Resolution shall take effect upon the passage and adoption of this Resolution by the Board. PASSED AND ADOPTED THIS 19th DAY OF JULY, 2023. Witness: POINCIANA WEST COMMUNITY DEVELOPMENT DISTRICT _____________________________ By: ___________________________ Secretary / Assistant Secretary Its: ____________________________ Exhibit A: Budget Exhibit B: Assessment Roll RESOLUTION 2023-04 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE POINCIANA WEST COMMUNITY DEVELOPMENT DISTRICT DESIGNATING AN ASSISTANT TREASURER OF THE DISTRICT AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Poinciana West Community Development District (hereinafter the “District”) is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated within Polk County, Florida; and WHEREAS, the Board of Supervisors of the District desires to appoint an Assistant Treasurer. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF POINCIANA WEST COMMUNITY DEVELOPMENT DISTRICT: SECTION 1. Darrin Mossing, Sr. is appointed Assistant Treasurer. SECTION 2. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 19th day of July 2023. ATTEST: POINCIANA WEST COMMUNITY DEVELOPMENT DISTRICT Secretary / Assistant Secretary Chairperson, Board of Supervisors RESOLUTION 2023-05 A RESOLUTION OF THE BOARD OF SUPERVISORS OF POINCIANA WEST COMMUNITY DEVELOPMENT DISTRICT APPOINTING THE DISTRICT’S APPOINTED TREASURER, ASSISTANT TREASURER, AND SECRETARY OF THE DISTRICT AS SIGNORS ON THE DISTRICT’S LOCAL BANK ACCOUNT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Poinciana West Community Development District (the “District”) is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, and situated entirely within Polk County, Florida; and WHEREAS, the District’s Board of Supervisors desires to appoint the District’s appointed Treasurer, Assistant Treasurer, and Secretary as signors on the District’s local bank account. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF POINCIANA WEST COMMUNITY DEVELOPMENT DISTRICT THAT: SECTION 1. The District’s appointed Treasurer, Assistant Treasurer, and Secretary shall be appointed as signors on the District’s local bank account. SECTION 2. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 19th day of July 2023. ATTEST: POINCIANA WEST COMMUNITY DEVELOPMENT DISTRICT Secretary / Assistant Secretary Chairperson, Board of Supervisors RESOLUTION 2023-06 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE POINCIANA WEST COMMUNITY DEVELOPMENT DISTRICT APPROVING AND ACCEPTING THE CONVEYANCE OF TRACTS P- 19A AND P-19B OF SOLAVITA PHASE 7F, FROM AVATAR PROPERTIES, INC., TO THE DISTRICT, IN ACCORDANCE WITH SECTIONS 190.011(1) AND 190.011(7)(A), FLA. STAT.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Poinciana West Community Development District (the “District”) is a local unit of special-purpose government established by the Polk County Commission for the purpose of providing operating and maintaining infrastructure improvements, facilities and services to the lands within the District and existing pursuant to Chapter 190, Florida Statutes; and WHEREAS, pursuant to the Plat of Solavita Phase 7F, recorded in Plat Book 161, Page 7, of the Public Records of Polk County, Florida, Tracts P-19A and P-19B (the “Tracts”) are to be dedicated for stormwater purposes to the District; and WHEREAS, Grantor has requested that the District accept the conveyance of title to Tracts; and WHEREAS, the Board of Supervisors deems it to be in the District’s best interests to accept the conveyance of title to such parcels from the Grantor, in accordance with Sections 190.011(1) and 190.011(7)(a), Fla. Stat. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE WESTRIDGE COMMUNITY DEVELOPMENT DISTRICT: SECTION 1. The recitals set forth above are hereby adopted as true and correct and incorporated herein. SECTION 2. The District hereby approves and accepts the conveyance of title to the property identified in the Special Warranty Deed substantially in the form attached hereto as Exhibit “A.” Acceptance of the conveyance shall be subject to satisfaction of title requirements and other closing requirements as may be reasonable and customary in similar transactions. The District hereby authorizes the execution and delivery of all documents deemed necessary, desirable or appropriate to carry out the intent of this Resolution and authorizes the District Manager, Chairperson and staff to execute and deliver such documents. SECTION 3. This Resolution shall take effect immediately upon adoption, except that the effective date of the conveyance shall be October 1, 2023. PASSED AND ADOPTED THIS 19th day of July, 2023. ATTEST: POINCIANA WEST COMMUNITY DEVELOPMENT DISTRICT __________________________________ ____________________________________ Secretary/Assistant Secretary Chairperson, Board of Supervisors Exhibit “A” This instrument was prepared by: SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made to be effective as of the _____ day of _________ 2023, by and between: AVATAR PROPERTIES INC., a Florida corporation, with an address of 2600 Lake Lucien Drive, Suite 350, Maitland, FL 32751 (“Grantor”); and POINCIANA WEST COMMUNITY DEVELOPMENT DISTRICT, a local unit of specialpurpose government established pursuant to Chapter 190, Florida Statutes, and located in Polk County, Florida (“Grantee”). (Wherever used herein, the terms “Grantor(s)” and “Grantee” include all of the parties to this instrument, the heirs, legal representatives and assigns of individuals, and the successors and assigns of trustees, partnerships, limited liability companies, governmental entities, and corporations.) WITNESSETH Grantor, for good and valuable consideration to it in hand paid by Grantee, the receipt and sufficiency whereof are hereby acknowledged, has granted, bargained and conveyed to Grantee, and Grantee's successors and assigns, forever, the land lying and being in the County of Polk, State of Florida, as more particularly described in Exhibit 1 attached hereto (together, “Property”); SUBJECT, HOWEVER, to the following encumbrances and restrictions: (i) all applicable governmental regulations; and (ii) all matters, restrictions, easements, limitations, reservations and covenants of record, if any, but this reference shall not operate to re-impose same; TOGETHER, with all tenements, hereditaments, and appurtenances thereto belonging or in any way appertaining; TO HAVE AND TO HOLD unto Grantee and Grantee's successors and assigns in fee simple forever. Grantor hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple, that Grantor has good right and lawful authority to sell and convey the Property and hereby warrants the title to the Property, subject to the foregoing encumbrances and restrictions, and that Grantor will defend the same against the lawful claims of all persons claiming by, through, or under Grantor. IN WITNESS WHEREOF, Grantor has caused these presents to be executed to be effective as of the day and year first above written. WITNESSES: By: Name: By: Name: GRANTOR: AVATAR PROPERTIES INC., a Florida corporation By: Name: Title: STATE OF ______________ COUNTY OF _____________ The foregoing instrument was acknowledged before me by means of  physical presence or  online notarization, this _____ day of __________, 2023, by _________________________, as _________________ of Avatar Properties Inc., a Florida corporation, who appeared before me this day in person, and who is either personally known to me, or produced ______________________ as identification. (NOTARY SEAL) ____________________________________ NOTARY PUBLIC, STATE OF ______________ Name:_____________________________ (Name of Notary Public, Printed, Stamped or Typed as Commissioned) [SIGNATURE PAGE FOR SPECIAL WARRANTY DEED] WITNESSES: By: Name: By: Name: GRANTEE: POINCIANA WEST COMMUNITY DEVELOPMENT DISTRICT By: Name: Title: STATE OF ______________ COUNTY OF _____________ The foregoing instrument was acknowledged before me by means of  physical presence or  online notarization, this _____ day of __________, 2023, by _________________________, as _________________ of Poinciana West Community Development District, who appeared before me this day in person, and who is either personally known to me, or produced ______________________ as identification. (NOTARY SEAL) ____________________________________ NOTARY PUBLIC, STATE OF ______________ Name:_____________________________ (Name of Notary Public, Printed, Stamped or Typed as Commissioned) Note to Examiner: This instrument evidences a conveyance of an interest in unencumbered real estate as a gift and is exempt from Florida documentary stamp tax pursuant to Rule 12B-4.014(2)(a), Florida Administrative Code. EXHIBIT 1 NOTICE OF MEETING DATES POINCIANA WEST COMMUNITY DEVELOPMENT DISTRICT The Board of Supervisors of the Poinciana West Community Development District will hold the regularly scheduled public meetings for Fiscal Year 2023 at 9:00 a.m. in the Starlite Ballroom at 384 Village Drive, Poinciana, Florida 34759 on the third Wednesday each month as follows unless indicated otherwise: November 15, 2023 January 17, 2024 March 20, 2024 May 15, 2024 July 17, 2024 September 18, 2024 The meetings are open to the public and will be conducted in accordance with the provisions of Florida Law for Community Development Districts. A copy of the agenda for a particular meeting may be obtained from the District Manager at 219 E. Livingston Street, Orlando, FL 32801. A meeting may be continued to a date, time, and place to be specified on the record at that meeting. There may be occasions when one or more Supervisors may participate by telephone. Any person requiring special accommodations at these meetings because of a disability or physical impairment should contact the District Office at least forty-eight (48) hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1-1 or 1-800-955-8770, for aid in contacting the District Office. Each person who decides to appeal any action taken at these meetings is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. Tricia L. Adams Governmental Management Services – Central Florida, LLC District Manager Poinciana West Comunity Development District July 19 , 20 2 3 Clayton Smith - Field Services Manager GMS Completed Landscape Maintenance Landscape maintenance has been satisfactory. Working with vendor on a few minor touchups. As rainy season sets in, service in some areas will be adjusted to protect both the landscape and staff. A body of water with grass and trees Description automatically generated Completed Aquatic Maintenance Ponds were reviewed. Overall ponds are being well maintained. Shorelines looks good and plantings are doing well. Pond contractor is treating some algae blooms. Minor shoreline treatment touchups are being done in some ponds. X2 ponds were reviewed for conveyance. condition and are being maintained satisfactorily. Pond vendor has treated algae blooms. Completed Action items Clearing of dry pond bleeder pipes was completed. These were the final action items from our annual repair list. Conclusion For any questions or comments regarding the above information, please contact me by phone at 407-201-1514, or by email at csmith@gmscfl.com. Thank you. Respectfully, Clayton Smith All Services By Customer Summary Poinciana West Community Dev. Dist. (P07800) Filter Date between 06/01/2023 and 06/30/2023 Customer Work Type P07800 - Poinciana West Community Dev. Dist. Municipal Back Pack P07800 - Poinciana West Community Dev. Dist. Night Truck P07800 - Poinciana West Community Dev. Dist. Night Truck P07800 - Poinciana West Community Dev. Dist. Night Truck P07800 - Poinciana West Community Dev. Dist. Night Truck P07800 - Poinciana West Community Dev. Dist. Night Truck P07800 - Poinciana West Community Dev. Dist. Night Truck P07800 - Poinciana West Community Dev. Dist. Night Truck P07800 - Poinciana West Community Dev. Dist. Night Truck Service Item KIS1818 - Strike Pellets 10lbs/acre KIS2715 - Biomist 4+4 ATV/ULV KIS2827 - Biomist 4+4 Truck ULV KIS2715 - Biomist 4+4 ATV/ULV KIS2827 - Biomist 4+4 Truck ULV KIS2715 - Biomist 4+4 ATV/ULV KIS2827 - Biomist 4+4 Truck ULV KIS2715 - Biomist 4+4 ATV/ULV KIS2827 - Biomist 4+4 Truck ULV End Date Used Quantity Unit Of Measure Start Date 06/22/2023 06/28/2023 4.98 acr 06/01/2023 06/01/2023 2.50 mi 06/05/2023 06/05/2023 2.20 mi 06/07/2023 06/07/2023 2.20 mi 06/14/2023 06/14/2023 2.50 mi 06/15/2023 06/15/2023 1.90 mi 06/19/2023 06/19/2023 2.40 mi 06/21/2023 06/21/2023 2.40 mi 06/26/2023 06/26/2023 2.30 mi 18.40