Poinciana West Community Development District Agenda Package September 20, 2023 September 13, 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, September 20, 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 Mayra Skeete effective December 2023 B. Review of Resumes and Letters of Interest i. Len Kirschbrown ii. Ed Smith iii. Greg Hindahl iv. Kevin Novak v. Antonio Mendieta C. Appointment of Individual to Fulfill Board Vacancy with Term Ending Nov. 2024 – Effective Now D. Appointment of Individual to Fulfill Board Vacancy with Term Ending Nov. 2024 – Effective Dec. 1, 2023 E. Administration of Oath to Newly Appointed Supervisor(s) F. Consideration of Resolution 2023-07 Electing Officers 5. Approval of Minutes of the July 19, 2023 Meeting 6. Consideration of Proposals for Insurance Renewal A. Brown & Brown 7. Review of Pond Acquisition Agreement A. Presentation of Memo from Clark & Albaugh, PLLC B. Review of Acquisition Agreement C. Review of Insurance Confirmation for Proposed Stormwater Parcels D. Review of Proposals for Maintenance of Proposed Stormwater Parcels i. Solitude ii. Floralawn E. Review of Fences on Proposed Stormwater Parcels 8. Consideration of Resolution 2023-06 Approving the Conveyance of Tracts P-19A and P-19B 9. Review of Financial Balances and Investment of Surplus Funds 10. Staff Reports A. Attorney B. Engineer C. District Manager i. Approval of Check Register ii. Balance Sheet and Income Statement D. Field Manager’s Report i. Consideration of Solitude Aquatic Maintenance Renewal ii. Consideration of Floralawn Landscape Maintenance Renewal iii. Consideration of Clarke Mosquito Management Renewal 1. Annual Renewal Breakdown 2. Annual Renewal Breakdown – ADD Pond 15 Option 3. Midge Complaint Research iv. Customer Complaint Log 11. Supervisor’s Requests 12. General Audience Comments 13. Other Business 14. Next Meeting Date – November 15, 2023 15. Adjournment Sincerely, Tricia L. Adams Tricia L. Adams District Manager Leonard Kirschbrown 316 Monterey Street Poinciana, Florida 34759 704-962-7214 Re: Open PWCDD board position To whom it may concern I have lived in Solivita for ten years with a settling pond in my backyard and am very familiar with the environmental drawings associated with the Solivita Construction drawings entered in the environmental data base. My experience with budgets, design, construction, operation, contract reviews etc. would be a great help in the maintaining and operating of the ponds and storm drain systems found in the Solivita Poinciana West Development District area of responsibility. Please see attached Resume for experience details Thank you for you consideration Leonard (Len) Kirschbrown Leonard Kirschbrown 316 Monterey Street Poinciana, Florida 34759 704-962-7214 Background: Obtained a BSME from the University of South Carolina, Columbia SC June 1981. Worked for Duke Energy for 37 years and during my employment have been involved in the design, construction, and operation of settling ponds, water basins, underground piping, water treatment systems and pumping stations. The largest project worked on was a 2.4 billion dollar state of the art environmental power plant where I was initially involved in the design, contract assembly, and bidding review and ended being on the team of field engineers overseeing the construction and startup of the facility. The last project I worked on was a 350 million dollar retrofit project where I was involved in the design, construction and startup of a massive chiller system at the Hines Power Station in Bartow Florida. Hello, I am a 9 year resident of Solivita. I live in the Verona section with a view of a retention basin managed by the CDD. Prior to moving to Solivita, I was the HOA treasure in my development called Wynnewood in Gibbsboro, NJ. I am a technology guru, with over 50 years in the business. My video game and computer designs in the 1970s are the highlights of my career. As one of the first African Americans to design a video game and personal computer, I have been recognized by numerous technology publications. You can view more on my web site - http://www.imaginethat2.com. I bring a strong technology and management skill set to the CDD and trust you find my background in line with your desires. Cheers, Ed Smith Edward L. Smith 609.364.6358 - edsmith114@gmail.com Experience Imagine That LLC Principal Consultant Feb 19 – Present Development of strategic partner planning, product integration and co-marketing initiatives with software and services firms. Working directly with research firms to provide investor clients with the relevant software and alliance industry knowledge required to make sound investment decisions. Kronos, Inc. Global Strategic Alliance Executive Dec 13 – Dec 18 At Kronos, I was responsible for developing the partner ecosystem from scratch in the Public Sector business unit, moving into a global alliance manager role within 2 years Informatica Global Strategic Alliance Executive Jan 13 – Dec 13 ● Working with the VP of alliances to create a new systems integrator partner model that promotes close partner collaboration and execution. ● Engaged key SI partners including Infosys, TCS, Wipro, Accenture, PWC, Cognizant, Deloitte, NTT Data, Cloudera and Knowledgent Infosys Technologies Global and Industry Alliance and Marketing Executive Feb 02 – Nov 12 ● Co-developed and executed the Infosys Alliance program by implementing a tiered partner model with specific metrics across all sales, marketing, training, and operational functions both internally and externally. ● Relationship engagement across a number of strategic software firms including IBM, Oracle, SAP, Charles River, Tibco, OpenText, Software AG, Microsoft, Pegasystems, SAS, Kronos, NetApp, Teradata and Informatica. Fontanus VP Business Development Jan 01 – Jan 02 ● Manage the sales, services, and alliance teams for revenue growth through direct consulting and development services ● Drove revenue to 70% YOY in 1 year, servicing clients in the financial services, healthcare, and manufacturing industries ● Key clients included TIAA-CREF, Florida Hospital, Arvent Bank and JPMC Novell – General Manager Alliances & Business Development Jun 93 – Nov 00 As the primary executive for governess across key strategic partners, was responsible for providing business management oversight to global alliance team. ● Negotiated and managed OEM agreements with IBM, LanDesk, Unisys, Tivoli, HP, Epson, CA and others. ● Additional responsibility for partner relationship management with Citrix, Unisys, Sun Microsystems, AT&T, Nortel and Lucent ● Drove Novell direct revenue through a joint sales engagement model that leverage alliances using the CHAMP and Strategic Selling models, ● Maintained partner P&L, direct program management for new solutions development, direct interface with marketing, legal and operations. ● Executive liaison, coordinating all senior executive meetings, proposals to the board of directors and interface with legal teams. Novell – Manager Major Accounts, Mid-Atlantic Territory Jun 90 - Apr 93 Manage the direct sales organization in the growth of Novell technologies, including network OS, network management, directory and network analysis systems at the CxO level Novell - Regional Sales Manager Mid-Atlantic Territory Mar 88 - Jun 90 New market development experience leveraged to devise a strategy that maximized all territory sales and systems engineering teams in growing Novell’s strong channel and major account presence. ● Tutored by Ray Noorda in 2-tier channel program management and a tiered reseller model, I leveraged this knowledge to build one of the strongest territories within the company. ● Managed all distribution relationships in the territory, tracking inventory, POS, and AR. ● Responsibilities included managing individual revenue attainment that collectively exceeded 30mm, pre-sales support, reseller recruitment and multi-level authorization, large account assignments, reseller territory assignments and distribution support. Greg Hindahl, MD 753 San Raphael St. Poinciana, FL 34759 Attn: Tricia Adams, District Manager Solivita Dear Ms. Adams, My name is Greg Hindahl and I’m writing to express interest in the vacated Board of Supervisors seat for the PWCDD. My wife Norma and I and our dog Sandie have been residents of Solivita for a little over a year now and we love it here! One of the things that attracted us to Solivita were the vast natural areas including the lakes, marshes and woods. We also love the wildlife that those areas attract and provide homes for. With all the things going on right now that are negatively impacting our planet, I think it is critical to protect and properly manage these beautiful parts of Solivita. I have served in multiple leadership positions throughout my career. Also my 22 years practicing Family Medicine and Emergency Medicine taught me how to work with all sorts of people and solve, sometimes life threatening problems, many times a day. I also had experience working with budgets in my role as VP and CMIO for BayCare Health System in Tampa Bay. I would be honored if the PWCDD Board of Supervisors would consider me for the open position. Unfortunately, I will be travelling to Indiana, Illinois, and Wisconsin most of September for multiple family events so I will not be available to speak at the next meeting on September 20th. Please let me know if you need more information or have questions about my resume. Thanks again. Sincerely, Greg Hindahl Greg Hindahl, MD 753 Sans Raphael St. Poinciana, FL 34756 ghindahl@gmail.com (727)410-4968 Education: • Undergraduate – Butler University, BS in Chemistry with highest honors, 1979 • Graduate – Indiana University, Doctor of Medicine, 1983 • Postgraduate – Residency in Family Medicine, St. Mary’s Medical Center, Evansville, Indiana, 1986 • Certifications PALS, NALS, ACLS, ATLS, Advanced Airway Management Business Related Education: • Six Sigma Green Belt, Deaconess Health System, Evansville, Indiana. • Kelly Partners Leadership Development Course, Kelly School of Business, Indiana University • BayCare Leadership Development Course, BayCare Health System, Clearwater, Florida Work Experience: • 22 years practicing Family Medicine and Emergency Medicine, Jasper and Evansville, Indiana 1986-2008. • 12 of those years was also Family Medicine Residency Director teaching residents and medical students at Deaconess Health System, Evansville, IN. Was the Director responsible for recruiting and research. • 5 years as CMIO at Deaconess Health System in Evansville, IN. Responsible for the clinical implementation of Epic’s Electronic Medical Record for our hospitals and employed physician offices. 2007-2012 • 7 and ½ years as VP and CMIO at BayCare Health System which is the largest health system in Tampa Bay. 2012-2019. At one point I had 4 Directors, 9 managers and about 250 team members reporting to me. Was responsible for the clinical implementation of Cerner’s Electronic Medical Record system in our 15 hospitals and 200+ employed physician offices. Physician Executive responsible for our Telemedicine initiative. Was responsible for the budget for my area. Total annual IT budget was roughly $40M. Other Leadership Experience: • Led 7 Medical Mission trips to rural Jamaica for Deaconess Hospital. Senior high school youth group leader at our church and helped lead 3 church mission trips for our Jr. and Sr. high youth including one from Indiana to Arcadia Florida to work on hurricane damaged homes. Served as Medical Staff President at Memorial Hospital, Jasper, Indiana. Served as Indiana State Medical Association 9th District President. Served on the Indiana Academy of Family Physicians Board of Directors for 4 years. Interest/Hobbies: • Golf, cycling, oil painting, private pilot 1997-2017, genealogy, hunting and fishing, kids, grandkids, piano 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 20th day of September, 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, July 19, 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 Dr. Maneck Master Assistant Secretary Mayra Skeete Assistant Secretary Also present were: Tricia Adams District Manager Scott Clark (via Zoom) District Counsel Kathy Leo District Engineer Clayton Smith (via Zoom) Field Manager Cherrief Jackson Clarke Midge Control Don Gordon Resident Residents (Present & via Zoom) The following is a summary of the discussions and actions taken at the July 19, 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 9:04 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 Ms. Adams opened the public comment period. Resident George Muller (Jasmine Creek Road) addressed the buildup of the funds, which was projected to increase with the budget, but assessments per unit remained the same. The undesignated funds per the Balance Sheet increased from $494,283 in 2019 to $586,234 in 2022. The net position for unrestricted funds increased from $571,439 in 2019 to $656,390 in 2022, yet the District was still budgeting the same amounts. At some point in time, there should be reductions. There being no further comments, Ms. Adams closed the public comment period. Mr. Clayton Smith joined the meeting. FOURTH ORDER OF BUSINESS Organizational Matters A. Acceptance of Resignation of Joseph Clark Ms. Adams received a resignation letter from Mr. Joseph Clark, since he moved out of the District. B. Appointment of Individual to Fulfill Board Vacancy with Term Ending November 2024 Ms. Adams explained when there was a vacancy on the Board, the seated Board Members can appoint a qualified elector to the vacant seat. They must be someone who was 18 years or older, a citizen of the United States and the State of Florida, living within the boundaries of the District and a registered voter with Polk Elections office. The Board could direct District Management to announce the vacancy via e mail blast and that resumes or Statements of Interest be submitted by a deadline. Mr. Scott Clark clarified that the only legal requirement was the qualification and selection by a majority vote of the remaining Board Members. Regardless of how the Board wanted to proceed, the Board must declare the seat vacant by officially accepting the resignation of Mr. Joseph Clark. On MOTION by Dr. Master seconded by Ms. Gregory with all in favor accepting Mr. Joseph Clark’s resignation effective immediately was approved. Ms. Adams received a resignation letter from Ms. Skeete effective December 1, 2023, but the Board should consider an appointment soon. The Board could function with four members; however, there must be a quorum of three Board members present at each meeting. Mr. Scott Clark recommended that the Board declare the vacancy of Ms. Skeete at the September meeting. Dr. Master preferred an announcement of both vacancies, with the Board filling Mr. Joseph Clark’s seat at the next meeting and Ms. Skeete’s seat after December 1st. Mr. Scott Clark concurred. There was Board consensus. C. Administration of Oath of Office to Newly Appointed Board Member D. Consideration of Resolution 2023-07 Electing Officers These items were deferred. FIFTH ORDER OF BUSINESS Approval of Minutes of the May 17, 2023 Meeting Mr. LaRue noted on Page 14, Mr. Scott Clark suggested that Taylor Morrison (TM) pay $15,000 in fees for one-year of maintenance and questioned whether TM agreed to this. Ms. Adams pointed out that the Board would be considering the conveyance for Tracts P-19A and P- 19B later in the agenda and the matter could be discussed at that time instead of during review of the meeting minutes. Dr. Master asked if Board Members that were not present needed to approve the minutes. Ms. Adams explained that all Board Members present are required to vote unless there is a financial conflict. Mr. Scott Clark pointed out that failure to vote was registered as a no vote. On MOTION by Dr. Master seconded by Mr. LaRue with all in favor the Minutes of the May 17, 2023 Meeting as presented were approved. SIXTH ORDER OF BUSINESS Public Hearing On MOTION by Mr. LaRue seconded by Ms. Skeete with all in favor the public hearings for the Fiscal Year 2024 budget adoption were opened. A. Consideration of Resolution 2023-02 Adopting the Fiscal Year 2024 Budget and Relating to the Annual Appropriations Ms. Adams presented Resolution 2023-02, Adopting the Fiscal Year 2024 budget, which starts on October 1, 2023 and runs through September 30, 2024. The proposed budget was properly conveyed to the local Government, posted on the District’s website and the public hearing noticed in a newspaper of general circulation in accordance with Florida Statutes. The resolution included approving the budget, appropriations and a process for handling budget amendments. The Proposed Budget for Fiscal Year 2024 was attached to the resolution, which was updated to include actuals through May 31, 2023. The majority of revenues come from special assessments, which were added to the non-ad valorem section of the Polk County Property Tax Bill. The assessment was $186.57, which was the same amount as the prior year. The budget recognized interest income and a money market account that the District had with Bank United. As of the end of June, the money market interest rate was 5.15%. It also recognized a portion of Carry Forward Surplus, in order to balance the budget. The total proposed revenue for Fiscal Year 2024 was $337,571. In Fiscal Year 2023, the total administrative expenses to operate the District was $131,388 and $115,651 was proposed for Fiscal Year 2024. There was a decrease in professional legal and engineering fees related to property conveyance. Six meetings were proposed for Fiscal Year 2024, at the direction of the Board. There was a proposed increase in Management Fees of $1,200 from $40,000 to $41,200. Ms. Gregory recalled in March, the insurance premium was budgeted at $41,098, but according to the minutes, there was supposed to be a Request for Proposal (RFP) to get the premium down to where it needed to be. Ms. Adams explained that the current budget was based on industry estimates. Ms. Adams reached out to three insurance providers that handled CDD insurance to get proposals for FY2024. Two vendors; the current provider and prior provider indicated they would provide proposals to be reviewed by the Board at the September meeting. Ms. Gregory had an issue with the Other Current Charges budget of $2,400, which were based on bank charges. Ms. Adams recalled that the Board ratified the actions of the Chair to reduce bank fees, which were an ongoing challenge for accounting staff to ensure that bank fees were refunded and did not re-appear on the bank statement. The District was required to deposit their funds in the General Fund in a public depository, in accordance with Florida Statutes to safeguard the District’s funds. Ms. Gregory requested that minimizing bank fees be a priority. Dr. Master recalled that $10,000 was budgeted in Annual Interest beginning in October, but it should be in excess of $25,000 based on the investments. Ms. Adams stated that all of the investment funds were earning more than 5% interest and there was more than $500,000 invested, but actual earnings could be higher or lower if market conditions change. Ms. Gregory felt that they should earn as much interest as they can. Regarding the expenses related to the maintenance of the stormwater system and tunnels, Ms. Adams noted Field Expenses for Fiscal Year 2023 was $576,830 and $662,247 was proposed for Fiscal Year 2024. Additional expenses were anticipated for the stormwater parcels to be conveyed by TM. Staff recommended keeping assessments level. Dr. Master questioned the percentage of field expenses once the two ponds were conveyed to the District. Ms. Leo confirmed that the two ponds were the last ones that the District acquired. There were wetlands, but there was no maintenance cost associated with them other than trimming back the buffer line. Ms. Gregory recalled that $50,000 was budgeted by the HOA for invasive species to maintain the wetlands. Along with the General Fund Budget, there was a Projected Fund Balance Analysis and a budget for the Debt Service Fund, for the bond that was refunded in 2017. There were interest and principal payments due in November and May in accordance with the Amortization Schedule. Ms. Gregory questioned Landscape Maintenance, if the contingency was for two ponds. Ms. Adams explained that Mr. Smith worked with the District’s service providers for aquatic maintenance, mowing and midge management to provide estimates for the two ponds, which were included in the budget as a contingency. Ms. Gregory stated there would be further discussion on this matter when Mr. Scott Clark presented the Acquisition Agreement, but before it was finalized, they needed something in writing. Ms. Adams pointed out that insurance costs would not change based on the addition of the two ponds. Ms. Gregory stated it either needed to be added or marked not applicable. Ms. Adams opened the public comment period. Resident George Muller (Jasmine Creek Road) would like any excessive funds to be used to reduce assessments. There being no further comments, Ms. Adams closed the public comment period. On MOTION by Dr. Master seconded by Ms. Skeete with all in favor Resolution 2023-02 Adopting the Fiscal Year 2024 Budget and Relating to the Annual Appropriations was adopted. B. Consideration of Resolution 2023-03 Imposing Special Assessments and Certifying an Assessment Roll Ms. Adams presented Resolution 2023-03, which allowed the District to use the uniform tax collection method to impose special assessments on residents’ property Tax Bills. Attached to this resolution was the Adopted Budget for Fiscal Year 2024 and Assessment Roll. There were no public comments. On MOTION by Ms. Gregory seconded by Mr. LaRue with all in favor Resolution 2023-03 Imposing Special Assessments and Certifying an Assessment Roll was adopted. On MOTION by Dr. Master seconded by Mr. LaRue with all in favor the public hearings for the Fiscal Year 2024 budget adoption were closed. SEVENTH ORDER OF BUSINESS Consideration of Resolution 2023-04 Appointing an Assistant Treasurer Ms. Adams presented Resolution 2023-04, appointing Mr. Darrin Mossing, Sr. as Assistant Treasurer. Mr. Mossing was the owner of GMS and served as an accountant by trade. Having him appointed as Assistant Treasurer, would allow him to assist Accounting Staff during the busiest times of year to process the District’s financial and banking records. It was being recommended to all Districts as an administrative matter. Dr. Master questioned who served as Treasurer. Ms. Adams stated that Ms. Jill Burns served as Treasurer and Ms. Katie Costa as Assistant Treasurer. All Districts managed by GMS were taking this action in order to operate as efficiently as possible. On MOTION by Dr. Master seconded by Ms. Skeete with all in favor Resolution 2023-04 Appointing Mr. Darrin Mossing, Sr. as Assistant Secretary of the District was adopted. EIGHTH ORDER OF BUSINESS Consideration of Resolution 2023-05 Re- Designating Bank Account Signatories Ms. Adams presented Resolution 2023-05, appointing the District’s Treasurer, Assistant Treasurer and Secretary as signatories on the District’s local bank account. On MOTION by Mr. LaRue seconded by Dr. Master with all in favor Resolution 2023-05 Re-Designating Bank Account Signatories as stated above was adopted. NINTH ORDER OF BUSINESS Consideration of Resolution 2023-06 Approving the Conveyance of Tracts P-19A and P-19B Ms. Adams presented Resolution 2023-06, Approving the Conveyance of Tracts P-19A and P-19B. Ms. Gregory requested this item be deferred as there were scrivener’s errors in the resolution. Solivita was misspelled in two places and Westridge CDD should be Poinciana West CDD. Mr. Scott Clark recalled that the Board approved an Acquisition Agreement at the March meeting and directed the developer to make a deposit of $15,000 and within 60 days, District Counsel and the District Engineer would bring back a recommendation to the Board. The title documents for the conveyance and title commitment were in order subject to the delivery of documents, affidavits and estoppel letters. Mr. Scott Clark recommended that the Board consider the acquisition of the two parcels, which were platted and designed to be owned and maintained by the District. Ms. Leo pointed out that Ponds 19A and 19B were on the northeast corner of the District, along Cypress Parkway. The District did not own them, but they were well maintained and it was in the District’s best interest to take them over. Information was conveyed to the District for the master files with the permit information from the South Florida Water Management District (SFWMD). In Ms. Leo’s opinion, from an engineering perspective, things were in good working order and there were no concerns. At the last meeting, the Board directed Mr. Clark to request a contribution of a year’s expenses for the pond maintenance from TM. Yesterday evening their counsel responded that they had not heard anything from TM regarding that request. Ms. Leo indicated after conveyance, there would be an application with the District conveying the permit to the CDD. Ms. Gregory requested this item be deferred until there was a revision to the resolution and something in writing from TM regarding the requested $15,000 in maintenance fees. Mr. LaRue requested that the agreement be included so that the terms were known. Ms. Gregory questioned the expense that was charged to the District for copy charges. Ms. Leo explained that there were 89 pages of permits as part of the permit research for the conveyance of the parcels. Ms. Gregory requested a change in the acquisition agreement for the estimated annual insurance cost, which should either be added or marked not applicable. After further discussion, there was Board consensus to defer this matter and for staff to provide a revised resolution and a statement in writing from Taylor Morrison regarding the maintenance fees at the next available meeting. TENTH ORDER OF BUSINESS Review of Status of Investment Funds Ms. Adams recalled that this item was included on the agenda at the request of the Board. In March, the Board directed staff to utilize the State Board of Administration (SBA) Fund, due to the money market earning low interest in 2022. The Board previously adopted Investment Guidelines, and the SBA is an intergovernmental investment pool and is one of the four authorized investment options. There was currently $500,000 in a Florida Prime SBA account, earning interest of 5.33% and approximately $200,000 in a money market account, which was adjusted to 4% in 2023. However, there would be another adjustment as the Bank United money market interest rate was currently earning 5.15% as of July 13, 2023. Dr. Master recommended that a portion of the $500,000 or $200,000 be placed in a competitive CD money market for six or 12 months or 18 months. Ms. Gregory wanted to ensure that the District in a good financial position and asked if the money market at Bank United that paid 5% was for a specific money market. Ms. Adams would confirm it was money market account in a qualified public depository. Ms. Gregory voiced concern that funds with Florida Prime were not insured. Dr. Master recommended US Treasuries but if Florida Prime was allowed by Statute as an investment, they should invest in it to earn more than what the money market account was earning. Ms. Adams pointed out that investing in US Treasuries required a custody account because the District was unable to directly purchase from the US Treasury but staff did provide a path forward if the Board chose to invest in US Treasuries. Ms. Gregory recalled that US Bank wanted $1,500 for an annual custody account. Ms. Gregory questioned the portfolio items in the SBA as it included a $77 million City Furniture demand note and other demand notes that make up about 10% of the portfolio. Dr. Master questioned how Florida Prime is an approved investment institution with their portfolio? Mr. Scott Clark explained that the SBA had their own rules and he was concerned that there were many overseas banks involved. Mr. LaRue asked if the District voted on Florida Prime and was advised the Board did take action or direct staff regarding the SBA account. Ms. Adams stated it was not uncommon for CDDs to utilize Florida Prime because it was one of the four investment authorized opportunities. Dr. Master recalled that there was a way for the District to purchase US Treasuries as a municipal corporation and wanted to speak to various banks about it. Ms. Gregory preferred to get a fixed rate on a 12-month CDD. Ms. Gregory reiterated she is unhappy with Truist because of fees. Ms. Gregory wanted to do further research on products out there. Dr. Maneck wanted to set up a free account with Fidelity. Ms. Gregory and Dr. Master did not want to engage a government investment advisor. After further discussion, there was Board consensus to leave the funds in Florida Prime and Ms. Adams would work with the Chair regarding CD options. The item would be reviewed at the September meeting. ELEVENTH ORDER OF BUSINESS Staff Reports A. Attorney Mr. Scott Clark was looking at other options with Mr. Mossing for the investment of the debt service funds, as the monies that the Trustee had in the Debt Service Fund earned .05%. B. Engineer i. Review and Acceptance of Annual Engineer’s Report Ms. Adams reported as part of the Trust Indenture for the 2017 refunded bond, the District was required to provide an engineer’s report on the maintenance, insurance and budgeting for District assets to the Trustee by July 1st of each year. Ms. Leo explained that the Annual Engineer’s Report was self-explanatory and was completed every year. A separate report could be provided on field conditions of the stormwater system at a later time. On MOTION by Ms. Gregory seconded by Mr. LaRue with all in favor the Annual Engineer’s Report was accepted. Ms. Leo felt that Mr. Smith was taking good care of the District assets. C. District Manager i. Approval of Check Register Ms. Adams presented the Check Register for April 1, 2023 through July 7, 2023 totaling $113,110.27. It included the register for the General Fund and payroll, as well as detailed invoices and a Check Run Summary. Mr. LaRue questioned how the invoice for SOLitude Lake Management was itemized. Ms. Adams explained that Mr. Smith reviewed the invoices to ensure compliance with the contracted amount. Mr. Smith indicated he is working with SOLitude to improve the presentation of the invoices as well as how they report services in general. Mr. LaRue asked if a subcontractor was used for mosquito control. Mr. Smith reported that SOLitude acquired the Clarke aquatic service portion of the company, but confirmed Clarke continued to service the midge management portion of the contract. Mr. LaRue requested that SOLitude clarify their invoices. Dr. Master questioned disclosure services. Ms. Adams explained that the Amortization Schedule was revised when there was a special call for lump sum payoffs. Ms. Gregory questioned the accounts included on the US Bank invoice. Ms. Adams would confirm that it related to the trust accounts. Ms. Gregory asked why the general ledger debits for US Bank trustee fees were split. Ms. Adams confirmed that the fees covered two different fiscal years; 2023 and 2024. Charges for October 2023 through January 2024 would be recognized in Fiscal Year 2024. On MOTION by Dr. Master seconded by Mr. LaRue with all in favor the Check Register as stated above was approved. ii. Balance Sheet and Income Statement Ms. Adams presented Unaudited Financials through May 31, 2023. No Board action was required. Interest earnings were reported on the Combined Balance Sheet. The money market was with Bank United and the General Fund was with Truist. The Board did an excellent job controlling expenses and there were no issues to report to the Board. The payments due in May occurred for the Debt Service Fund. Ms. Adams noted where the debt service fund interest revenue was reported. iii. Approving the Proposed Fiscal Year 2024 Meeting Dates Ms. Adams presented the Fiscal Year 2024 meeting schedule, which was consistent with the prior year’s meeting schedule. Meetings would be held on the third Wednesday of every other month at 9:00 a.m. in the Starlight Ballroom starting on October 1, 2023 and ending September 30, 2024. On MOTION by Dr. Master seconded by Ms. Gregory with all in favor the Fiscal Year 2024 meeting schedule as presented was approved. D. Field Manager’s Report Mr. Smith presented the Field Manager’s Report. It was the rainy season and there were times when the landscaping company did not able to mow all the way to the edge to preserve the bank and diminish further erosion to the pond bank edge when it was wet. Overall, there was satisfactory landscaping to the pond banks. Regarding aquatic maintenance, the ponds were well maintained. Shorelines looked good and plantings were doing well. There were algae blooms in some ponds due to the temperature of the water and nutrients, which were treated along with shoreline grasses. The contractor was allowing edge grasses to grow to preserve pond banks and decrease nutrient load in the water. Clearing of dry pond bleeder pipes and all action items presented at the last meeting were completed. A Conveyance Report for two ponds to be conveyed to the District was provided. Overall, the ponds were in good shape. Some algae had to be treated. There were also some edge grasses, but nothing of concern. Regarding a question at the last meeting on how midge complaints were handled by the HOA, the HOA did not retain a complaint log or provide midge services on two ponds owned by the HOA, but during their onsite review, there were no major midge issues. i. Customer Complaint Log Mr. Smith presented the Customer Complaint Log. There was one complaint from May 12 regarding an algae bloom on a pond that was treated. TWELFTH ORDER OF BUSINESS Supervisor’s Requests There being no comments the next item followed. THIRTEENTH ORDER OF BUSINESS General Audience Comments There being no comments the next item followed. FOURTEENTH ORDER OF BUSINESS Other Business There being no comments the next item followed. FIFTEENTH ORDER OF BUSINESS Next Meeting Date – September 20, 2023 The next meeting was scheduled for September 20, 2023 at 9:00 a.m. SIXTEENTH ORDER OF BUSINESS Adjournment On MOTION by Dr. Master seconded by Ms. Skeete with all in favor the meeting was adjourned at 11:04 a.m. ________________________________ ________________________________ Secretary / Assistant Secretary Chairman / Vice Chairman P U B L I C S E C TOR Insurance Proposal 2023/2024 POINCIANA WEST COMMUNITY DEVELOPMENT DISTRICT Table of Contents Overview 1 The Agency of Brown & Brown, Public Sector An Introduction to Your Service Team Preferred Governmental Insurance Trust Claims Services & Safety and Risk Management Services General Liability 2 Public Officials & Employment Practices Liability 3 Cyber Liability 4 Automobile Liability & Physical Damage 5 Broker Recommendation/Premium Recapitulation 6 Notes of Importance Compensation Disclosures Carrier Financial Status Guide to Best’s Ratings Items Required Prior to Binding 7 Acceptance of Proposal – Premium Recapitulation Preferred Signature Page Our Story The Brown & Brown, Public Sector team is a highly-specialized unit of insurance advisors 100% trained to deliver industry-leading services to public entities in the State of Florida. Since 1992, we have continuously refined that specialization and enhanced our services, while becoming the largest public entity brokerage in Florida. Our team provides Property & Casualty and Employee Benefits services to governments from Key West to the Panhandle and represents more than 200 clients. We have built our reputation by empowering our governmental clients to outperform their industry peers, lower their cost of risk, and enhance their insurance programs - all while staying within their annual budgetary constraints. Our team is committed to serve those who serve the public – and provide superior service to our clients, their staff, and their employees. • Dedicated service team working exclusively for Florida local governments in all capacities surrounding risk and human resources • Access to highly experienced public entity resources including Claims Team, Panel Counsel, Loss Control, Disaster Planning and Recovery, and Risk Management Specialists. • Only retail office in Florida 100% committed to Florida’s public entities • Brown & Brown, Public Sector currently represents over 200 of Florida’s governmental entities o 22 Counties o 70 Cities o 20 Public Airports o 7 Public School Districts o State of Florida An Introduction to Your Service Team Account Executives Matt Montgomery Executive Vice President (386) 239-7245 Matt.Montgomery@bbrown.com Robin Russell, ARM-P, CISR, CSRM Director of Operations (386) 239-4044 Robin.Russell@bbrown.com Paul Dawson, ARM-P Senior Vice President / Public Risk Advisor (386) 239-4045 Paul.Dawson@bbrown.com Michelle Martin, CIC Senior Vice President / Public Risk Advisor (386) 239-4047 Michelle.Martin@bbrown.com Kyle Stoekel, ARM-P, CIC Public Risk Advisor (386) 944-5805 Kyle.Stoekel@bbrown.com Bill Wilson Public Risk Advisor (386) 333-6058 Bill.Wilson@bbrown.com Molly Grande, CPCU, ARM, CISR Account Executive (386) 333-6084 Molly.Grande@bbrown.com Victoria “Tori” Reedy Executive Coordinator (386) 239-4043 Tori.Reedy@bbrown.com Service Representatives Emily Bailey Public Risk Specialist (386) 333-6085 Emily.Bailey@bbrown.com Melody Blake, ACSR Senior Public Risk Specialist (386) 239-4050 Melody.Blake@bbrown.com Taylor Brodeur Public Risk Specialist (386) 361-5225 Taylor.Brodeur@bbrown.com Alexa Gray, AIC Public Risk & Claims Specialist (386) 333-6068 Alexa.Gray@bbrown.com Schylar Howard Public Risk Specialist (386) 265-6117 Schylar.Howard@bbrown.com Patricia “Trish” Jenkins, CPSR Senior Public Risk Specialist (386) 239-4042 Trish.Jenkins@bbrown.com Nicholas “Nick” Van Nostrand Public Risk Specialist (321) 214-2377 Nicholas.VanNostrand@bbrown.com Certificate Requests: 179.certificates@bbrown.com Claim Reporting: 179.claims@bbrown.com Our Service Team philosophy focuses on accountability at all levels of account management. Our goal is not simply to meet your service needs, but to exceed them. All the employees at Brown & Brown are dedicated to achieving this goal and distinguishing ourselves from the competition. Preferred Governmental Insurance Trust (Preferred) Overview Several hundred members and millions in premiums prove that the Preferred Governmental Insurance Trust® fulfills what Florida needs: an insurance program exclusively customized and dedicated to the public sector. Preferred stays on the forefront of specialized insurance for property, casualty and workers’ compensation because it is non-profit and self-governed with a membership comprised solely of Florida public entities. Preferred’s history dates back to 1999. Its robust membership and financial strength, including consistent growth of surplus, stem from its conservative platform of managed risk. Preferred is just that: preferred for unmatched public entity experience, innovation, stability and personalized service. Preferred’s Member Types Municipalities Counties Special Districts Public Schools Charter Schools Sheriff Departments Housing Authorities Aviation Authorities Transit, Port & Utility Authorities Preferred’s Comprehensive Coverages Property Workers’ Compensation General Liability Automobile Liability Automobile Physical Damage Law Enforcement Liability Public Officials Liability Employment Practices Liability Educators’ Legal Liability The Power of Groups and People What does a specialized insurance trust do for you? In the case of Preferred, it gives you the purchasing power of a very large trust with billions of covered property values—far more financial negotiating power than a single public entity can muster. As a Preferred member, you are part of a formidable Florida insurance trust. The trust also transfers risks from any one public entity to the larger group. This provides all members of the trust better rating structures with less volatility. Preferred’s sole focus on government ensures that members’ unique needs are met. Underwriting and Administration Behind Preferred’s underwriting platform are decades of success built on integrity and market relationships. Our team of underwriters’ vast insurance expertise enhances the actuarial and scientific data used to underwrite individual risks within the trust. Services delivered are both broad and precise. Reliability is assured. The administrator for Preferred is Public Risk Underwriters of Florida, Inc.® (PRU), Florida’s premier public entity specialist of its kind. Preferred’s claims administrator is PGCS Claim Services. With more than 25 years in claims experience, PGCS is Florida’s foremost governmental third-party administration company. PGCS Logo Underwriting Highlights • Diverse risk financing options: guaranteed cost, deductible, self-insured retention, all lines aggregate • Competitive premium discounts based on favorable experience and sound safety practices • Flexibility of coverage design, including mono-line or package basis • Dynamic financial analysis conducted periodically to validate the trust’s superior financial standing Administration • General counsel, defense counsel and litigation services by specialists in governmental law • Membership relations for networking and professional development • Legislative Pulse newsletter from Tallahassee-based law firm • Professional marketing that guarantees local agent support, governmental knowledge and an evergrowing group of members • Preferred News—a quarterly publication covering the spectrum of government insurance issues • State filing, accounting and independent CPA audited financials as needed Preferred’s Expert Boards Know Your Business Preferred is governed and guided by people working daily in all segments of Florida’s public sector – from municipalities to counties to schools to special taxing districts. The Board of Trustees is comprised of elected public officials who work wisely and diligently to set policy, keeping Preferred as the premier public entity insurer of its kind. Preferred Claims Administration Preferred Governmental Claim Solutions, Inc. ® (PGCS) is the premier governmental third-party claims administrator in the state of Florida and administers the claims for Preferred Governmental Insurance Trust (Preferred). Since its founding in 1956, PGCS has provided claims administration services exclusively to over 450 governmental entities including schools, cities, towns, counties, community development districts, and fire districts. Therefore, PGCS’s adjusters are extremely qualified to handle governmental tort liability and public sector workers’ compensation claims. They are experts at investigating and handling police and firefighters presumption claims. PGCS is sensitive to the politics involved in the handling of public entity claims. PGCS’s claims administration program consists of workers’ compensation, general liability, bodily injury, personal injury, property, auto liability, auto physical damage, employment practices liability, school leaders/educators liability and public officials liability. Their claims staff has over 630 years of combined insurance experience and each has been with PGCS an average of 8 years. Claims are handled under strict supervision in accordance with the PGCS workers’ compensation and liability claim handling procedure manuals and the PGCS claim best practices manual. A random sampling of each adjuster’s claim files are audited on a monthly basis by a Quality Assurance Manager to ensure compliance. PGCS provides their clients with a dedicated Subrogation Unit to pursue reimbursements from atfault third parties. Their current recovery rate is fifty-nine (59) percent of the claim costs expended. PGCS also has a dedicated excess reporting and recovery unit for communication to and securing reimbursement from the excess and/or reinsurance carriers. In addition, PGCS provides a stateapproved Special Investigation Unit (SIU) to prevent and pursue fraudulent claims. PGCS offers rewards up to $10,000.00 for the arrest and conviction of persons committing workers’ compensation fraud. This service is provided via a twenty-four hour seven day a week hotline. PGCS utilizes the RiskMaster system for claims processing. This system captures a wide variety of data and allows the adjuster to enter an unlimited number of claim notes, process reserve changes, and issue claim payments. Customized reports can be obtained from PGCS’s on-line system containing a multitude of data parameters that a client may choose to analyze. The system can be accessed by clients via their website at www.pgcs-tpa.com. Communication with PGCS’s clients is the cornerstone of their claims administration program. Professional adjusters, nurses, management, quarterly in-depth claim review meetings, 24/7 claim reporting, utilization of attorneys specializing in public entity defense, litigation management, and return to work programs are just a sample of how PGCS has set the standard for the industry. PGCS is committed to partnering with their clients to provide professional and aggressive claim management programs. While they are recognized as the leader in the industry, PGCS is always striving to improve the quality of their programs and expand the services that they offer. Preferred Safety and Risk Management Services The success of any public sector community is tied to its ability to protect and preserve its human physical assets. This basic premise serves as the cornerstone of an effective Safety Management program and underscores the importance of Safety and Risk Control to the community. Preferred’s Safety and Risk Management Department is very aware of the valuable contribution a comprehensive safety and risk control program makes to the bottom-line of any organization. At Preferred, Safety consultations originate with one basic thought—to recommend specific measures to minimize or eliminate the exposures that cause accidents. This does not mean that the workplace become no-risk utopias, but we expect our consultants to recommend measures to control and minimize all types of accidents, injuries and illnesses to our Preferred members’ operations and premises. Preferred is dedicated to meeting the challenge of the complex issues facing public sector organizations Disarming these issues and converting them into solutions which work to the advantage of our goal. Preferred’s approach to risk control incorporates the following elements: • Exposure Identification – Assist management in determining areas where a chance of loss might exist through cause trend analysis, work site evaluations, and facility inspections. • Exposure Measurement and Loss Analysis – Loss analysis and a review of the consequences of the exposures will be considered to develop alternative methods of control. • Determination and Selection of Appropriate Risk Control Methods – Based on measurement and analysis, specific recommendations and/or custom designed risk control plan will be formulated. OSHA, as well as other Agency Standards will be applied and/or used as a “Best Practice” measure when designing and formulating safety and risk control plans. • Training and Safety Management Consulting – After considering client needs specific services and/or training will be formulated and initiated to fit the client’s need. Key Personnel or specialty consulting services with the knowledge and skills needed to meet those identified needs will be provided. • Additional Consulting Services Available – Preferred’s Safety & Risk Management has other services available that may benefit our clients. These services include security evaluations and review of existing safety and risk programs. Preferred’s Safety and Risk Management Department evaluates the unique needs to each client, ultimately designing a program that is capable of being integrated into the overall safety and risk control efforts of each client. Preferred’s dedication to the problem-solving approach is the foundation of their Safety and Risk Management Service. General Liability Term: October 1, 2023 to October 1, 2024 Company: Preferred Governmental Insurance Trust (Preferred) Form: Occurrence Coverage Limit Deductible General Liability Bodily Injury and Property Damage, per Occurrence $1,000,000 $0 Per Occurrence Personal Injury and Advertising Injury, per Person/Occurrence Included Products/Completed Operations, Aggregate Included Fire Damage, per Occurrence Included Medical Payments $2,500 Employee Benefits Liability, per Occurrence $1,000,000 Sublimits Vicarious Law Enforcement Liability, per Occurrence $1,000,000 Same as General Liability Principle of Eminent Domain Including Inverse Condemnation, “Bert J. Harris, Jr., Private Property Rights Protection Act” per Occurrence / Annual Aggregate. $100,000 Sewer Backup and Water Damage: Non-Negligent Claims Negligent Claims. $10,000/$200,000 $200,000/$200,000 Herbicide and Pesticide, per Occurrence $1,000,000 Additional Coverages Included: 1. EMT/Paramedic Professional Services 2. Premises Operations 3. “Insured” Contracts 4. Host Liquor Liability 5. Broad Form Property Damage Subject to $2,500 Personal Property of Others Sublimit 6. Watercraft Liability (under 52 feet). See policy form for limitations 7. Limited Worldwide Coverage 8. Failure to Supply Water 9. Communicable Disease (Correctional Facilities and Health Care Facilities - $300,000 Limit) Notes of Importance: 1. Premium is not audited. 2. Defense Costs are paid in addition to policy limits. 3. In the event an occurrence, accident or offense continues beyond the policy period, the applicable deductible would apply separately to each policy period in which the occurrence, accident or offense was committed or was alleged to have been committed. 4. Limits of Liability are subject to Florida Statute 768.28. 5. Deductible does not apply to claims expense. General Liability Exclusions, include but not limited to: • Expected or intended injury • Contractual Liability • Liquor Liability • Workers’ Compensation and similar laws • Employer’s Liability • Pollution • Aircraft, Auto or Watercraft • Mobile Equipment • War • Damage to Your Property, Product or Work • Damage to Impaired Property or Property Not Physically Injured • Recall of Products, Work or Impaired Property • Racketeering • Law Enforcement, except for vicarious liability arising out of an act or omission by a law enforcement agency that is not owned, operated or controlled by the “Covered party” if there is a contract with an outside agency to provide law enforcement for your entity. • Asbestos, Mold, Fungi, or Bacteria • Liability arising out of or caused or contributed to by any ownership, maintenance, operation, use, loading, unloading or control of or responsibility for any airfield, airport, aircraft, runway, hangar, building or other property or facility designed for, used, connected, associated or affiliated with or in any way related to aviation or aviation activities; this exclusion does not apply to premises exposure for those common areas open to the public including but not limited to parking areas, sidewalks, and terminal buildings. • Failure or inability to supply or any interruption of any adequate quantity of power, steam, pressure, or fuel • Subsidence, erosion or earth movement. • Hospital / Clinic Medical Malpractice or Health Care Facilities • Professional Health Care Services, but not including emergency medical services for first aid performed by emergency medical technicians, paramedics or Medical Director while in the course and scope of their duties. • ERISA • Actual or alleged illegal discrimination • Injunctive, declaratory or equitable relief • Actual or alleged deterioration, bursting breaking, leaking, inadequacy, design of, control of, maintenance of, or any other alleged resp