MINUTES OF MEETING HEMINGWAY POINT
COMMUNITY DEVELOPMENT DISTRICT

The regular meeting of the Board of Supervisors of the Hemingway Point Community Development District was held on Wednesday, April 27, 2022 at 2:00 p.m. at Waterstone Bay Clubhouse, 1355 Waterstone Way, Homestead, Florida 33033.

Present and constituting a quorum were:

Russell Brick Anthony Toro Cheryll Angell Carlos Suarez Randy Berbrick

Chairman
Vice Chairman (by phone) Assistant Secretary Assistant Secretary Assistant Secretary

Also present were:

Paul Winkeljohn Scott Cochran Ben Quesada Jesus Lorenzo Mayra Padilla

District Manager District Counsel
Governmental Management Services Governmental Management Services Governmental Management Services

FIRST  ORDER OF BUSINESS	Roll Call
Mr. Winkeljohn called the meeting to order and called roll.

SECOND ORDER OF BUSINESS	Approval	of  the  Minutes	of the
February 23, 2022 Meeting
Mr. Winkeljohn: The minutes from the February 23rd meeting are in your books, if those are ok, a motion to approve would be welcomed.

On MOTION by Ms. Berbrick seconded by Mr. Suarez with all in favor, the Minutes of the February 23, 2022 Meeting were approved.

THIRD ORDER OF BUSINESS	Consideration of Resolution #2022-
01 Approving the Proposed Fiscal Year 2023 Budget and Setting the Public Hearing
Mr. Winkeljohn: Item No. 3 on the agenda is pretty important to you, and that is resolution #2022-01, it is the kickoff of your budget cycle. You guys are veterans, most of you, and you know you have two steps to a budget adoption.  Today is the first  step, it is the proposed budget, the confinements or the rules of today's decision-making is, do you want to increase your assessment or decrease it, related to last year. You had an increase last year, staff recommended that last year, this year we're not recommending it, and we've proposed the same assessment level. The line items that are  accompanying  today's budget are important but, they're not ever restricted. You can always adjust your costs, or your needs throughout the year, which we've done many times, so you're not  deciding really that, you're really setting your assessment level. The second half of today's decision is to set a hearing to adopt your budget which cannot be any sooner than 60 days from today. So, what I would recommend is a meeting that you already have scheduled that fits that requirement, today being April 27th, 60 days later would be June 27th, but  your meeting is June 22nd, so that meeting will not work. The next one after that is July 27th, which would certainly meet the requirement, or August 24th. Your September 28th meeting would be way too late, we wouldn't be able to put it on the tax roll and meet the requirements. So, working backwards, either the July 27th or the August 24th  meeting  would be part of the motion today.
Mr. Suarez: I like July.
Mr. Brick: July.
Ms. Berbrick: That's fine.
Mr. Winkeljohn: Ok, alright so I'm hearing a consensus that the July 27th  date  works, and should there be some new catastrophe that we haven't thought of yet, and we can't make that meeting, that gives us a chance to move it.
Ms. Berbrick: And that's better anyway because it gives us that extra time. Mr. Winkeljohn: Right, you have a little flexibility.

Ms. Berbrick: And I was thinking if we had to do that, would we be able to do a proposal or ask for permission to call in? Is that legally allowed?
Mr. Cochran: Typically, we're required to have by law, there has to be a quorum of the Board, live in person. The Governor had issued executive orders during COVID, but suspended that requirement temporarily but, that exception expired I think at the end of October, or the beginning of October.
Mr. Winkeljohn: Which by anybody's estimation was kind of early.
Mr. Cochran: So, typically you wouldn't be able to do that unless there's something like that happens.
Ms. Berbrick: So, we would have to do it, we don't ask for permission, we just can't
do it.
Ms. Cochran: Correct, by Statute we're not allowed to do it. Ms. Berbrick: Ok.
Mr. Winkeljohn: Anyway, so the budget concept of not increasing your assessment
but keeping it the same, if you agree with that, and you agree with July 27th, resolution #2022-01 is in order for a motion to approve.

On MOTION by Mr. Suarez seconded by Ms. Angell with all in favor, Resolution #2022-01 approving the proposed Fiscal Year 2023 Budget and setting the Public Hearing on July 27, 2022 at 2:00 p.m. at 1355 Waterstone Way, Homestead, Florida was approved.

FOURTH ORDER OF BUSINESS	Discussion of Procedures for the
General Election
Mr. Winkeljohn: Moving on, item No. 4 is related to your re-election process. There are three people on the Board whose terms are expiring, Randy Berbrick, you remember when you were appointed that it was through November, and Carlos Suarez as well, and Russ Brick. So, the procedures to be on the ballot, or to be voted by acclamation, which means nobody runs against you, which is most likely the case, in your book to go to the Supervisor of Elections, fill out your paperwork, the hard part is the dates. It has to happen between June 13th and June 17th from 12:00 noon to 12:00 noon.
Mr. Brick: You have to physically go there? Mr. Winkeljohn: Yes, and you can early.

Mr. Suarez: Yes, remember Roy had to do that, he almost missed the window.
Mr. Winkeljohn: Right, so in the book that we're talking about, section 4,  are  a couple of paragraphs that explain everything I've just said. So, your three seats, and you have to know which seat you're in because when you go there, and you can ask them, hey which seat am I in, and make sure that's the one you registered for. I've had a Board that sits in this room, register for the wrong seat and they had to run against each other, two Board members.
Mr. Suarez: Can you image if all actually put in the same one. Mr. Brick: And what is my seat?
Mr. Winkeljohn: I was just about to tell you that, you're seat #5. Mr. Brick: Ok.
Mr. Quesada: Randy, you are seat #4. Ms. Berbrick: Seat 4.
Mr. Winkeljohn: Yes.
Mr. Quesada: And Carlos you're seat #3.
Mr. Winkeljohn: So, you can email or call the office and ask them how early they're taking it, so if that week is not convenient for you, they are taking it a little bit earlier now, they changed the rule where they're allowed to, and then they hold it, and then on the day they submit it for you. So, nobody knows you're in that seat.
Ms. Berbrick: And what do we need for that?
Mr. Winkeljohn: It's basically a Form 1, and you're going to get your Form 1 in the mail about that week, or right before the election qualification period, usually you get it about the 4th or 5th of June in Dade County. So, you want to fill that out, and you can get them online too, the Form 1, you remember the disclosure form you filled out before, so you're going to do a new one anyway, and that's part of the election process.
Ms. Berbrick: The one that I filled out already?
Mr. Winkeljohn: Yes, and you're going to do another every June, and it's the same form they need at the elections office, so you might as well kill it all with one form in one big swoop, bring it with you, you hand it to them, I think you pay $10 or $15 in Dade County, maybe $20.
Mr. Cochran: I think it's $25 now.
Mr. Winkeljohn: Ok, $25 now for inflation.

Ms. Angell: Can I add something? When I went through the election process, I just called the person, I called the number, and asked a couple of questions, and I didn't even have to go there.
Mr. Winkeljohn:  That's great, I was about to say that, if you call them, they might do it over the phone.
Ms. Angell: You call the Supervisor of Elections, you know the number that's  in  here, I just called, and she told me about the paperwork, she told me about paying the $25, and I sent it all in, just mailed it all in so I didn't have to go there at all.
Mr. Winkeljohn: Then when you get elected, they charge you $10 for the state oath. So, it's real important that you get it taken care of, because you know what can happen if you don't, so that's really important. Are there any other questions on that, and if you have any questions you don't want to talk about during the meeting you can call me, I'll be happy to answer anything for you.
Mr. Toro: Can I ask a simple question, what seat am I?
Mr. Winkeljohn: You are seat #2, you are off the hook until 2024. Mr. Toro: Ok, thank you.
Mr. Winkeljohn: Ok, so we've covered that item.

FIFTH  ORDER OF BUSINESS	Acceptance	of	Audit	for	Fiscal
Year Ending September 30, 2021
Mr. Winkeljohn: Your annual audit is in your packet, congratulations, your audit is complete, and they were no findings, of course there weren't, but just so you know. Your  job as a Board is to accept the audit as a record of the District and it is already been submitted to the state which is the requirement on your behalf. If there are any questions, I'd be happy to answer them, or a motion to accept the audit would be welcomed.

On MOTION by Ms. Angell seconded by Ms. Berbrick with all in favor, accepting the audit for Fiscal Year Ending September 30, 2021 was approved.

Mr. Winkeljohn: During the budget discussion, there was a topic I wanted  to bring up, but it wasn't related to the budget directly, but there is a line item in your budget for property taxes for the cabana, the pool. The county decided that they should, and we send

in paperwork every year to ask for the exemption to say we qualify for exemption as a government, we usually get it, but Dade County, last year, decided they're going to deny them all. We asked for an appeal, and this community actually had to go all the way to a fight, they refused the first appeal and set a hearing to discuss the exemption. This guy  over here, he was the lawyer for that case, his name is Scott, and he prevailed, and the county withdrew its taxation of clubhouses for CDDs, in this case, and we're pretty sure that they're going to recognize your situation against that case, and exempt yours as well. So, he made you $6,800 and you didn't have to spend a penny.
Mr. Brick: Is that the contingencies?
Mr. Winkeljohn: It's up there, you'll see it up at the top in the budget, but anyway, I just wanted to let you know that we were able to convince them that we meet the requirement, and he did a great job, of course.

SIXTH ORDER OF BUSINESS	Staff Reports
Mr. Winkeljohn: That brings us to staff reports, and Scott, now you can go ahead.

A. Attorney
Mr. Cochran: I don't have anything really specific to report other than we're still working with the Property Appraiser's office to try to get that recognized here. The hearing he was referring to was for this District here at Waterstone, so we're hoping that because we've gotten favorable results in a couple of these situations, that the Property Appraiser will recognize that the same should apply here. So, we've got money for it in case  we  don't get refunded for it, but what we've done with some of the things that the Property Appraiser was complaining about because we shored up some things just to make it  better, and the issue is that they're claiming, oh it's not apparent to the public that they have the opportunity to purchase a membership to able to use the facilities, because if it's government property it has to be open to the public in order to be exempt from property taxes, a government entity has to own it, and it has to be available for public use. So, it's just like if you go to a city park or something, and they have one charge for residents, and then a little bit more for nonresidents, if they want to use the tennis court, or use the golf course, or whatever. That's the idea, is that even nonresidents are allowed to use it, but they have to pay something that takes into account that they're paying equivalent of what people in the community are paying, in this case through the assessments. So, we'll work

with management, and we might add another sign or something at the pool to advise that, we might add some language to the website, but that's really it for that item. Other than that, Paul mentioned the Form 1s, you'll get those at the beginning of June and just a reminder that they're due by July 1st, so that's all I have unless anybody has any questions.
Mr. Winkeljohn: Excellent, thank you sir.

8. Engineer - Discussion/Updates on Stormwater Management Needs Analysis
Mr. Winkeljohn: Item B is an engineering report that you've heard about before I believe, but basically the state issued a requirement that all CDDs enter into a capacity analysis program for the state. Your engineer has this, he's working on it, and he'll submit it, we should see it by that July meeting, it's due June 30th. So, it basically says what your stormwater capacity is, how you maintain it, and you guys have funds that you use to clean your storm drains, and that's basically what they're looking for. They go a little bit further and they want to know, if you have replacement costs in your budget and what are you going to do, and what's your 20-year plan and stuff like that to replace it. Stormwater systems have a much longer lifespan than that, and being a new District, fairly new, they're 40 to 50 year lifespans. So, a lot of that long term requirement isn't expected and the financial nature of a COD is on an annual basis, and you don't do long term capital because that's the whole purpose of the District was the long term capital to build the system, so it's a little bit disjointed, but we'll answer the questions and keep the state happy, but it's not too difficult for us to do in your community especially because you have all french drains everywhere.
Ms. Angell: When did you say it was due? Mr. Winkeljohn: June 30th.
Ms. Angell: Ok.
Mr. Winkeljohn: And I have a guess that with thousands of CDDs all around the state, they're not going to be looking at them right away, but it's all data, they're just trying to baseline the data.

Field/Property Manager
Monthly Report

in?

Consideration of Estimate #1095 with Nicoya Lawnscaping, Inc.
Consideration of Estimate with All Counties Painting, LLC d/b/a People's Choice Pressure Cleaning & Painting
Mr. Winkeljohn:  Moving on to our field report, Ben or Jesus, anybody want to chime

Mr. Lorenzo:  Yes, hello everyone, good afternoon. I'm sure you've had a chance to

look at the field report, but I'll keep it brief. There were some plants removed  from the  main entrance, and Nicoya Landscaping already went ahead and replaced it, I'm sure you guys have seen it. I don't know who pulled those out, or if they were dying and they pulled them out, but they replaced those, that whole area in front of the hedge.
Mr. Quesada: Milton told me he thinks somebody may have stolen them. Mr. Lorenzo: Right, that's what I thought, but I didn't want to say that.
Mr. Quesada: It's happened before.
Ms. Angell: And I was assuming the same thing.
Mr. Lorenzo: That's what I assumed too, but I like to give them the benefit of the

doubt.

Mr. Brick: I totally missed that, what happened?
Mr. Winkeljohn: They replaced them so fast you didn't notice. Mr. Quesada: Correct.
Ms. Angell: There were plants there, they were literally removed, you can see the

big holes in the front, there were just some big holes there.
Mr. Winkeljohn: Right, and you could see the mulch trail and the footprints leading back to somebody's house.
Mr. Quesada: Well, thank Jesus, he caught it quickly, and he was out there inspecting it and brought it to our attention.
Mr. Brick: Well, that was good because you know what, the only thing I worry about at the front entrance now, is not getting killed by the idiots across the street, that development is a nightmare.
Mr. Winkeljohn: Ok, time out, we're under the field report.
Mr. Lorenzo: Then the tree trimming.  I'm going to defer to Ben on that, he's going  to get into that. We've checked all the lots surrounding your community, and I forgot the name that you use for that, for around the sides in the back.
Mr. Quesada: Those are the easements.

good.

Mr. Lorenzo:	The easements, ok so we checked all the easements, they're all

Mr. Quesada: Tracts is another word we use.
Mr. Lorenzo: Yes, tracts. The Department of Health was requesting that we have

new code requirements with the signage that we were just talking about. They pretty much sent us the proofs, but because they're comingled with other community's signage as well, there's been a little bit of delay, I'm not sure why. I have the proofs here, it's pretty much the same signs with some added information.
Mr. Quesada: They wanted to add the depth, right?
Mr. Lorenzo: The depth, as well as, I think you guys had everything else. We made sure we went through all the rules just to go through them as well, then the same rules that you guys already had, but just a new one, so they got a little bit nicer, so that we should have hopefully soon. I think that's about it from me. Oh the pool deck proposals  we  worked on that as well, and Ben's going to go ahead and explain that as well, for the mailbox area, as well as the pool, and that's pretty much it from me, unless you guys have any other questions or concerns.
Mr. Suarez: What about the houses where they ripped all that stuff out, because I know it's a lot of the columns that were beaten to crap too.
Mr. Quesada: So, where we're at with that is, I've gone from the project manager to a supervisor, to a superintendent who is in charge of everybody. I mean I'm basically running in circles, they're claiming that the columns were damaged already, that the hedges caused the damaged. Now, I see in some sections there is some cement damage, we're not just talking about the gingerbread or stucco, depending on how you reference it, so it's one of those things, where again, we can maybe ask our engineer, they didn't know the right people at MasTec, but we can always go that route, or what I'll do is proactively start getting you guys some proposals to see how much we're talking about in damages and see if that's something that we can address ourselves. In the meantime, we can continue to seek reimbursement with MasTec in the meantime, that kind of a deal. So, I'll get back to you guys at the next meeting with that.
Mr. Brick: How can they possibly say that a bush damaged concrete? Mr. Winkeljohn: Well, the concrete, that's obviously the answer.
Mr. Quesada: Yes, correct.

April 27, 2022	Hemingway Point COD

Mr. Winkeljohn: But, the foam that is used for the collars and the decorative elements of those, those are easily damaged by branches moving, being trimmed, and stuff like that, so they have a small argument there but, either way, not being very proactive.
Mr. Brick: Those hedges aren't that hard either. Mr. Winkeljohn: No.
Mr. Brick: Even if it got stuck in a corner, it would still grow around it, it wouldn't grow through it, they're not that strong.
Mr. Winkeljohn: Right, agreed, good point, but you guys agree with the approach, we'll keep pressing MasTec, but we'll start pricing and move forward.
Mr. Brick: Sure.
Mr. Winkeljohn: We don't want to leave it unsightly. Mr. Quesada: Correct.
Mr. Suarez: And then maybe something too, we may want to make sure the homeowners know before you do projects, or whoever does projects that we just do before photos too, because in case that happens again, otherwise, you're held for any of that  stuff.
Mr. Quesada: We actually were there the day they showed up before they started ripping everything up and took pictures. A column from the side that we were looking at, they were in pretty good shape, a lot of the damage is to the interior where the hedge is touching, we couldn't obviously get good photos of that. So, we did actually do a good job, because we got a phone call pretty quick once we started climbing the ladder, and as far as the landscaping goes, they were out there pretty quick to restore everything.  It's just that we've been in this back and forth over the columns.
Mr. Brick: Are we here already?
Mr. Quesada: Yes, we can dive into that, so a couple of things. I know a few meetings ago you guys requested some numbers for painting the cool deck. So, a couple of things I want to address first, because if you look in your binder first, I think at list on the digital version it's page 72 I have, it's just after the field report, I would say it's right after Milton's proposal on Nicoya for some tree trimming. This is the  company,  People's Choice, they do your pressure cleaning, they also have a painting section, All County Painting, and obviously I feel like it came in a little high but, what they're telling me is that

you need to do some patch work on your cool deck, the cement, because there are sections where basically it's coming apart and there's cracks. So, they're  recommending do that, they're willing to do that before pressure washing and paint all the cool deck in the pool area, and all the walkways leading to the mailbox area, they came in at $7,980. I just got a price from Master Rollers, which you have in front of you, the hard copy, they came  in at $4,232. Now, one thing I want to tell you guys is I don't feel like we're getting apples  to apples right now, and this is the company that painted your main entrance. I know they do a good job painting but, in fairness to both contractors, I spoke to the supervisor of this company, Master Rollers, he's not including any type of patch work or repairs. As a matter of fact, he's putting in his proposal that he feels like the right way to do this is to grind everything down, and so you're talking about double or triple the price to grind everything down and redo it again. He understands that we have a budget, this is why he gave us a proposal, but he's not willing to touch the concrete, he'll just come in and basically prep  and paint, so you're not getting apples to apples, and again I can vouch for the quality of the paint that this guy does because look at your entrance, it looks great, they did a great job with that, redoing the whole entrance, it's just you have a difference of opinion on how to address the concrete on the walkway.
Ms. Berbrick: Does he think we don't need to address it?
Mr. Winkeljohn: He says you should grind  it down and refurbish it, and he doesn't do that part.
Ms. Berbrick: So, what do you all think, you guys have been doing this, so what do you guys think?
Mr. Quesada: I think he's right, but I think it's going to drag up the cost a lot, and I don't know if that's something that you guys want.
Mr. Winkeljohn: Right, and his price would be closer to $9,000 or $10,000, so the other price is a reasonable budget.
Ms. Berbrick: But will he doing the job that we want?
Mr. Quesada: He won't be grinding, the one that has, All County's Painting, they wouldn't be grinding, they would repatching the cracks in your cool deck. Now, the one thing he did throw in there too, if you see at the bottom, and not a lot of people do this because I know he refuses to do that is, he feels so good about the specs, he wants to give you the 1-year workmanship warranty.

Ms. Berbrick: So, I have a question. Mr. Quesada: Yes.
Ms. Berbrick: So, he wants to do this work, what would be the difference  in it lasting, so we don't have to do this again, if we did it the right way in the first place, because if you're saying that grinding it would be the right way, or if we do it with just patchwork now, how soon are we going to have to redo this? Are we going to be sitting here next year saying we have to do this again?
Mr. Winkeljohn: No, it will last longer than a year. Ms. Berbrick: But you know what I'm saying.
Mr. Winkeljohn:  If you did just the paint and prep portion, you'd be back within 2 to  3 years, no doubt. The All County approach, I think is a 5 year solution or more, I don't think it's worth frankly spending more money to really attack the concrete to bare bones and adding the grinding and patching, I think he has a good strategy. We don't know the answers but, typically I have enough cool decks.
Ms. Berbrick: Of course, right, exactly, this is what you guys do for a living.
Mr. Winkeljohn: The other conversation we should have though is, do you want, I don't know that we should have the cool deck everywhere though, that's sort of what's driving this price up because once you leave the pool and the cabana area, that walkway does not need to be cool deck.
Mr. Suarez: I agree with that, but I think I'd rather get a better paint that's not cool deck that repels some of that option.
Mr. Winkeljohn: Right, I think more of a driveway style, because cool deck is not really designed for, it's designed for wet environments.
Ms. Berbrick: But for wet, not for everyday walking, like the norm.
Mr. Winkeljohn: Right, but you get a cycle and when you're in the outdoors with sunlight, and some of the kiosk is very similar to a pool deck, so I'm kind of having mixed thoughts about it. What do you think Russ?
Mr. Brick: Well, this makes no sense to me whatsoever because I'm not going to pay somebody to paint over delaminated paint, either they're going to pull it up and sand it off, so the edges are smooth and the new coat bonds to it, or we get somebody else.
Mr. Winkeljohn: Right.
Mr. Brick: Because it's just going to create more bubbles underneath it.

April 27, 2022	Hemingway Point CDD

Mr. Winkeljohn: And he answered the question, we asked it, so I think staff can explore some options but, I think we need to move on it before the rainy season.
Mr. Brick: I mean these guys aren't talking about grinding the entire deck, are they? Mr. Winkeljohn: No.
Mr. Lorenzo: So, they're just sections that the adhesive is wearing off. Mr. Brick: Yes, I know it's delaminated, I understand.
Mr. Winkeljohn:  But I think if can improve the overall solution by mixing the surface a little bit, it won't look too different but, I just suspect that the cool deck isn't the right application everywhere, what do you think?
Mr. Quesada: Well, let me talk to them too to see what we can do but, yes I agree, the mailbox area, I mean, there's also paints out there regardless what your concrete application is, where they can get a water based paint for example and put a nonslip additive to the paint, where you still have that nonslip component so you're not worried about anybody falling but, without having this expensive concrete application.
Mr. Winkeljohn: Right, so what I would ask then is that, and I think you need to do this, is that you authorize a not to exceed amount and if staff can adjust below the price and get a better mix of materials, we can do that.
Mr. Brick: How difficult is it to remove the cool deck altogether? Mr. Winkeljohn: Sandblasting is expensive.
Mr. Brick: Well, there's rough concrete underneath there. Mr. Winkeljohn: Right.
Mr. Brick: So, what do we even need to paint it for?
Mr. Winkeljohn: Well, it wouldn't look good, it would be too many different  color hues when you pressure clean it, you know how concrete looks.
Mr. Brick: Right.
Mr. Winkeljohn: Unless it's polished it will look too variable.  I mean the look of it, you can see the architectural concept with that brownish color matching the building, sort of a visual strategy, I wouldn't do in my own house for sure, none of us would.
Mr. Brick: All I'm saying is, since it's already there, if we remove it, it's just yammer, yammer, yammer, for the next 4 months. I don't mind spending a little extra money to put the cool deck down there, what I mind is putting the cool deck down there, so it's stays.

The areas where it's delaminated, they need to be pulled up, and the edges need to be sanded off, I think that's what needs to be done.
Mr. Winkeljohn: And that's what he's going to do, that's the strategy. Mr. Brick: And he can guarantee that?
Mr. Winkeljohn: Yes, he's going to give you 1 year guarantee.
Mr. Brick: But he guarantees this price too, no matter what happens. Mr. Winkeljohn: Right.
Mr. Quesada:	A 1 year workmanship, he feels that good about the spec on the paint and obviously he's including the prep work in there.
Mr. Brick: Well, I really don't have an issue with that to be honest with you. Mr. Winkeljohn: Would you like that strategy?
Mr. Brick: Did we budget for it?
Mr.  Winkeljohn:	Not  specifically,   but  we'll  figure  it  out.	So, you have staff recommendation to approve a not to exceed amount and let us try to improve the options.
Mr. Brick: So, what's the figure you're looking at, this would be the not to exceed figure?
Mr. Winkeljohn: Yes sir.
Mr. Brick: Yes, that absolutely works for me. Mr. Winkeljohn: Is there a motion?
Ms. Berbrick: Motion to approve.

On MOTION by Ms. Berbrick seconded by Mr. Brick with all in favor, accepting the proposal from All County Painting in an amount not to exceed $7,980 to proceed with the cool deck repair project was approved.

Mr. Quesada: Going on to more expenses, so going to your palms we did a really hard cut on all your trimming, and obviously that's something we need to play catch up on from last year. I feel really good about how your tracts or easements are looking, as far as that hard cut, I think everything is holding up well and the landscapers agree. I did talk to Milton from Nicoya first, and he told me that as far as anything that was above a certain height he couldn't help us with the palm trees, so he's willing to do the thatch palms, which if you look at your book, right after the field report, Nicoya Lawnscaping, including to clean

up all the thatch palms, for $1,176 which I highly recommend you do for that price, 98 palms, that's hard to beat.
Mr. Brick: Are they going to be topped completely?
Mr. Quesada: He will clean them; he's going to remove all the dead branches. Mr. Winkeljohn: They remove the seed pods and clean them up.
Mr. Quesada: That's correct, all of it, and they're overdue. Mr. Brick: The royal palms?
Mr. Winkeljohn: That's a different contractor.
Mr. Brick: Don't they have to be topped before hurricane season, isn't that the way
it is?
Mr. Winkeljohn: They don't have to be, royals do quite well in hurricanes, the royals
don't really have a trimming standard because they're self-cleaning, it's the bismarckias that you have that are the ones that need to be deseeded and lifted, usually 3 to 9 is the standard lift, all of them can withstand the hurricanes quite well, so there's really no hurricane standard.
Mr. Brick: I mean the giant ones, they are royals, right?
Mr. Winkeljohn: Yes, the giant ones are royals, but in between them is the bismarckias, those are not as self-cleaning.
Mr. Quesada: Big seeds like that, they're very heavy.
Mr. Winkeljohn: Right, and they projectile type of stuff and they fall on people, so  the standard is lift to 3 to 9 deseed, and sometimes they clean both to make a nicer look. You do that every year that's why we increased the budget to accommodate annual tree trimming. Your hardwoods, those don't have to be done as aggressively, we just did them, so we're ok there, so have other ones in the program.
Mr. Brick: Just out of curiosity, when will we start to shape the holly tree, we're  going to shape that, right?
Mr. Quesada: Correct, you want it to resemble a cone shape like a Christmas tree, correct?
Mr. Brick: Yes.
Mr. Quesada: We'll get that taken care of, don't worry, and now is actually a good time to probably do it because we're going to be contracting some tree work, so I'll take care of that.

Mr. Winkeljohn: And it needs a growing season which we're about to get into once we start getting the springs rains which in Florida is in June, that's when you'll get new growth. So, you can do it, or hard cuts are healthy to do now, and then things come back out through the summer.
Mr. Quesada: Right, so I want to give it a nice cut right before the holiday season, and I know it's grown a little bit since last year.
Mr. Brick: So, that tree doesn't grow from the ground, right, it grows  from  the top the way palms grow?
Mr. Winkeljohn: That makes sense, yes, and I don't know them that well.
Mr. Brick: Only because the whole point of having a tree there is, at least from my opinion, is what I thought, because I thought it was going to resemble a Christmas tree, and then down at the bottom just like a Christmas tree. Honestly, that's not going to happen, because as far as I can tell from the first 3' of that trunk nothing grows on it.
Mr. Quesada: From what I've seen, that's correct, it's maintained by look, but it will be pruned to resemble a cone shape, but again, remember our options are  limited because it's in a retention pond.
Mr. Brick: I get it, so it will have the Christmas tree look, but it will just be 3' up,

right?

Mr. Quesada: Well, I'll get into that holiday stuff later. Ms. Berbrick: I have a question.
Mr. Quesada: Yes.
Ms. Berbrick: So, what is this?
Mr. Quesada: Ok, so first and foremost, I think can we just make a motion on the

thatch palm, and I'm going to get into that now.
Ms. Berbrick: But I had a question, and my question is, so the thatch palms are not included in this?
Mr. Quesada: Correct, so anything, and I gave Milton, per the Board's request, I'm always giving Milton at Nicoya Lawnscaping first opportunity at any additional landscaping projects.
Ms. Berbrick: And I get that, but my only question is, would he end up being  cheaper in the long run with adding those in because  the more work we have to we have to get somebody that's usually a little bit higher in price.

Mr. Quesada: So, typically the way BrightView does their pricing is they charge you for the amount of time they estimate it's going to take to do the job. I know in some cases where they think it's a half a day, or a whole day, and usually they charge you at least a day, and it's like $1,400 a day, which is typically how they do their pricing, and that's just based on experience of other contracts.
Mr. Brick: Are they thinking it's going to take them $2,000 longer to do it this time than they did last time?
Mr. Quesada: I mean again, you have quite a bit of palms there,  and I think  they put a count on there, let me look at it real quick.
Mr. Winkeljohn: It's 28 royals, 27 coconuts, 34 bismarcks. Mr. Brick: Wasn't' it $3,000 last time?
Mr. Quesada: No, you guys spent actually $7,000 last year, if you look at your numbers, I saw them there, so what happened last year is we did the trimming, our fiscal year hadn't started yet, they were kind enough to hold off on the charges until the new fiscal year started when we got the increase, and then we paid them. So, technically we've already paid them this fiscal year on paper, but it was something that was done last year, at the end of last fiscal year, so we spent about a little over $7,000, correct me if I'm  wrong.
Mr. Winkeljohn: You've paid, yes you only had to pay the balance, we did two­ phased trimming. You had the median trimming and then you had the easement trimming, and the road tree trimming that's on the District's property, so the two together was about
$8,000 actually. So, this year you're not going to have to pay for what I call  the  hardwoods, which are the oaks and the mahoganies and stuff, those you're good for the year, and all you have is a palm program this year, and the palms need a nutritional hit, which is not something Milton does, he's really just a lawn cutter type of company, so they priced that for you for $800 which is outstanding for that many palms by the way.
Mr. Berbrick: But that's why I say, we give this guy all the work, maybe we'll end up cheaper thank splitting it up, I get why you give it to Nicoya but, that's just my opinion.
Mr. Quesada: I totally understand but, again, I'm just going back to how they work, they have wants called an arbor team, and I know how BrightView works, BrightView has at least 3 teams that I can simplify it for you, they have their irrigation team, they have their arbor team, and they have their maintenance team. So, anybody that handles anything

within 12' to 15' is their maintenance team, anybody who handles anything above that is their arbor team, and then you have the irrigation. They literally operate, even though they're a big company, independently, and they invoice and ticket each other, so it's really straight how they have that arrangement, and the reason I tell you this because you're talking about the thatch palms that are within 1O', they have to send a whole other crew, so I don't think it's going to be the same people.
Ms. Berbrick: Ok, I get it.
Mr. Quesada: So, in this case, Milton is the maintenance crew because Milton has guys on the ground that can reach within 1O' and for 98 palms that's a great price.
Mr. Winkeljohn: And this has been discussed many, many times from a Milton standpoint, there's a reason you use him as a landscaper because of his intimate and commitment to the community, so you get a good price, and you're saving a lot of money using him and he's very attentive.
Ms. Berbrick: And I used him for everything.
Mr. Winkeljohn: Right, so the penalty for that decision is you have to go to other contractors for anything above his limitations for trimming, irrigation, etc., so that's our reality, it's been well vetted and debated throughout your community for whatever reason, I don't know, but it's not a bad way to approach things, you get a more precise personalized treatment with how you're doing it and you're small enough where it makes sense.
Mr. Suarez:  And I think $1,176 is a good price.
Ms. Berbrick: I didn't really say anything about the price, I'm just business thinking and when I order things, the more I order from one person, or the more work that company does for me, the cheaper it gets so that's why I asked.
Mr. Quesada: Understood.
Ms. Angell: And I'm just going to bring up that sometimes there's been  a lot of  those palm fronds down in the middle, and I've called Milton and he's not working at our place that day, and I said, can you please come and pick up and he says, if he can't do it that day, he's says I'll do it tomorrow Cheryll, so I mean he's there for the community to go above and beyond, because if you're going to call another person to do that, they're going to say, it will cost you a little bit more money to do that.
Mr. Quesada: No, I get it you were trying to save us money. Ms. Berbrick: Exactly.

Mr. Winkeljohn: So, the economies of scale approach aren't always the reality. Ms. Berbrick: Right, exactly.
Mr. Winkeljohn:	Got  it, well discussed.	Alright so, are you authorizing the tree trimming program as presented, is there a motion?

On MOTION by Ms. Berbrick seconded by Ms. Angell with all in favor, accepting both proposals from Nicoya Lawnscaping, Inc. for a total amount of $1,176 to proceed with the tree trimming program was approved.

Mr. Winkeljohn: Ben, thank you, any other items you want to tackle?
Mr. Quesada: No, but real quick, I didn't forget about what you requested for  holiday lighting, and actually now that we're doing our budgets, we're starting Districts. You guys did a 1 year agreement last year, I know you're just looking for a little more bang for your buck, I think we spent about $5,000, is that what we spent on our entrance last year?  I think everybody, once we got through some of our electric hiccups which we finetuned with photocells and whatnot, I think we got that part down, but you're maybe looking at getting something a little bit more eye catching.
Mr. Suarez: Those are the lights that we used, right, I thought that was part of that program?
Mr. Quesada: I believe, you did a 1-year program with them, I don't believe you  own those lights.
Mr. Suarez: Ok.
Ms. Berbrick: I thought he said that we were, which I can look back at that, but I thought they said they were going to store them for us, so we would have them for next year.
Mr. Quesada: Correct, so let me double check on that component for them, but again, it was a 1-year contract that you had with them so your obligation with them has been fulfilled. I am talking to another company who does a lot of their sub work, as long as they're not directly competing with them, which they wouldn't be in this case because you had 1 year agreement, and I'm going to ask them for a proposal. So, we'll do our research on the lights, and have this gentleman give you guys a proposal to handle that, and if that's the case, I want to see, and he is a little bit more affordable than they are, and he's the

only other vendor I know that does what COi does as far as doing night driving doing maintenance for you. So, they actually did all the sub work here, and we still have a contract here but, you guys don't have to worry about that.
Mr. Brick: In that proposal I would like to see them light the tops of the trees with that first string.
Mr. Quesada: I recall that, yes.
Mr. Brick: Like all the rest of the developments, that's all. Mr. Quesada: Ok.
(At this point several people were talking at one time, and no  one  conversation could be heard)

Mr. Quesada: So, what I'll do is once I find out where we're at with the other one, and you have a line item for this so, that's the plan I want to say with a similar budget and see if you can get a little more bang for your buck. If need be, what I'll probably do is invite him maybe to be here over the phone or come to the next meeting, and I like to have the Board all here so you can shoot all your ideas with him, and he'll be honest with you and give you whatever it is, because we just want to get that number in time so it's not a last minute thing, because last time we did approve it in October.
Ms. Angell: So, what you're saying, is you're just having the one proposal or you going to have the other one?
Mr. Winkeljohn: No, you'll have both. Mr. Quesada: You can have COi again.
Ms. Angell: I would like them because they did a nice job,  and maybe  they'll be able to add a little something and not be so expensive.
Mr. Quesada: Absolutely.
Mr. Winkeljohn: And just stepping back a little bit, there's many tiers to this industry, and COi was really the only one in that category for a long time, COVIO had a really big effect on them because they're annual staff type of situation, it was very difficult on their business. So, last Christmas and the holiday season, they had  to sub  for the first time ever because they just didn't have their team in place because of the pandemic, and so now there is this other sub that's see the business and is now in on it, and they agreed not to compete with each other but, if we can get a better price, we owe you that, that's our obligation is to always find the best possible option for you. So, that's what he's saying,

April 27, 2022	Hemingway Point COD

we're going to do that, you'll get all your choices, it will be shopping day, and you'll pick  and choose what you want, and we'll come up with a package that is within the budget but, also, I think Ben's most important point is he wants to have a better wow effect for your residents.
Mr. Quesada: And your holly tree, I told him that's nonnegotiable that has to be thrown in there, at no extra charge.
Mr. Winkeljohn: Alright, so no action required.
Mr. Quesada: No, I just wanted to inform everyone on that. Mr. Winkeljohn: Are there any questions for field staff?

COD Manager
Mr. Winkeljohn: Under District manager, my two biggest things of the year are to make sure you get elected and thank you for approving the budget, so those are what we really care about in this world.

SEVENTH ORDER OF BUSINESS Financial Reports
Approval of Check Run Summary
Balance Sheet and Income Statement
Mr. Winkeljohn: Moving on to the financial reports which include the check run summary, and the balance sheet, and income statement. You see we're tracking along nicely. One of the anomalies of raising your assessment is, you don't get the new money until January, so you go from October to January, not just without any revenue at all but, you have expenses that you've increased.  So, actually it's a funny thing, in this business,  it takes you two full years to enjoy an increase. Like where it really hits and the cash flow matches the expenses, if that makes any sense, but you're doing well, so just a motion to approve the financials would be appreciated.

On MOTION by Ms. Angell seconded by Mr. Suarez with all in favor, the Check Register and the Balance Sheet, and Income Statement were approved.

EIGHTH  ORDER OF BUSINESS	Supervisors	Requests
Audience Comments
Mr. Winkeljohn: Now Russ can talk about his friends and neighbors.

and

April 27, 2022	Hemingway Point CDD

Mr. Brick: Alright, it just that they built that development, our entrance is directly,  and I don't mean like off by a little bit, I'm talking directly across the street from us.
Mr. Suarez: It's going to be good.
Ms. Angell: Well, maybe they're going to put a light up or something here.
(At this point several people were talking at one time, and no  one  conversation could be heard)

Mr. Brick: But I don't want to wait until they put it in. Ms. Berbrick: It's a little bit scary, it is.
Mr. Winkeljohn: Are there any other supervisor comments or requests?
Mr. Suarez: The only thing I have is, are we going to look at, or who's in charge of, because I noticed that there are still some sidewalks that are messed up here and there, is that something that will be taken care of?
Mr. Winkeljohn: It's the county. Mr. Suarez: Ok.
Mr. Brick: The county, so we're never going to get that addressed.
Mr. Winkeljohn:	They do have a program, like their public works division has a sidewalk program, when they're responsible for them.
Ms. Berbrick: So, unless you break you leg and sue them, that's pretty much it. Mr. Winkeljohn: No, you have to put them into their queue, is it 311?
Mr. Quesada: Yes, 311 or they have a website.
Mr. Winkeljohn: Right, and you put in that sidewalk in that system, and it will rise to the top eventually.
Mr. Suarez: And I got scolded because my tree was blocking the streetlight, and so put in a request in like December, a year and a half or 2 years ago, and then all of sudden one day I hear this woodchipper, but don't ever call, if you want your tree trimmed
don't mess with them, ask the tenant do it, because they destroyed my tree.
Mr. Winkeljohn: That's too bad.
Mr. Suarez: They didn't even try to shape it, they just went on one side and just cut everything on that side, and my tree looked nice, it was perfectly formed, and I was doing it myself, but they came out and they said, who did this, but they didn't just come and clear  it, they cut the whole half of the tree off, and that was it, and it looks really bad.

Mr. Winkeljohn: And if you've ever seen the electric company do its trimming when they V cut right through a tree, arborists standards don't apply to utilities, and so to open  up for a light, to open up for powerlines, phone lines, yes, it makes it ugly really fast.
Mr. Brick: So, there's no documents that we can file anywhere to force them to comply?
Mr. Winkeljohn: I mean you're a citizen of the county and you are a taxpayer; you have elected officials.
Mr. Brick: Can we sue them?
Mr. Winkeljohn: You can sue government, you can do all kinds of stuff, they're not the District's and this is a District meeting, so it's kind of outside of our window.
Mr. Brick: But isn't it part of our responsibility?
Mr. Winkeljohn: We're a drainage District, not a sidewalk District. Now, you as residents, this is a form of leadership, you've spent money trying to compel them and it  was a lot of money that had no effect, so I can't advise you to continue trying that. You, as a private citizen, or like a homeowner's association, will have a lot more influence in that respect, they're kind of built that way, letters, but your politician is the person, whoever is your District representative that is the person who will get you the fastest results.
Mr. Quesada: And like Paul alluded to, I think it's an election year, and I'm pretty sure your county commissioner is the same as this one as South-Dade Venture, so it's a good time to write to your county commissioner.
Ms. Berbrick: I was just going to say that, if you're smart, tonight if this is something that really bothers you, write a letter tonight, and bring copies and let a whole bunch of people sign this letter, and have them all sign it and mail it into the county commissioner.
Mr. Brick: It's not really my personal crusade, I was just trying to find out if there  was any pressure that we could apply, that's all.
Mr. Winkeljohn: The District has not enforcement teeth whatsoever.
(At this point several people were talking at one time, and no  one  conversation could be heard)

Mr. Winkeljohn: Cheryll, it's your turn.
Ms. Angell: Ok, we had talked the last time about getting 4 new lounge chairs and 2 small tables for the pool area, was that looked into for price?

Mr. Quesada: Yes, and just so you know, he's really backed  up on orders  right now, so just here alone because we asked for like 3 tables tops and 2 chairs and it's taking like 2 months, so bear with me and let me try to follow up, you said 4?
Ms. Angell: Yes, 4 lounges and 2 small tables.
Mr. Quesada: Ok, and the tea tables I do remember. Ms. Padilla: And we sent the request.
Mr. Quesada: Yes, we did, I know, can you help me follow up on that please? Ms. Padilla: Yes.
Mr. Quesada: Thank you.
Ms. Angell: And my second thing was, we were talking about using the shed at the pool area for maintenance of the, when everything is finished, for a pressure washer, we were talking about a cheaper pressure washer so the man that cleans can do it.
Mr. Winkeljohn: So, we can do it in house.
Ms. Angell: Right, so he can do this himself all the time, so I needed to track down who had the key to the shed.
Mr. Suarez: But that's owned by the HOA, that shed.
Ms. Angell: That is, and I talked to them, but they said if there was room, we could do that, anyway Diego said if there was room of course we could do that, but trying to track down the key, I was ready to say let me just break the lock and let's put a new one on.
Mr. Winkeljohn: It needs a combo lock.
Ms. Angell: But anyway, we did track it down, and Wendy had the key, so I asked Diego to have her bring it because I said, it's very odd that she would have the key to our shed at the pool area.
Mr. Quesada: Can we replace that lock, because I do think a combination lock, since we would be sharing to some extent?
Ms. Angell: I'll talk with Diego, but I just want to get the key from her so we can see what we have in the shed.
Mr. Quesada: Ok, correct. Ms. Angell: So, we can see.
Mr. Quesada: Will you coordinate with me, and then as soon as you give me the green light, we'll go and buy one.

April 27, 2022	Hemingway Point CDD

Ms. Angell:	Yes, we'll see if she brings it by, and she should be at the meeting tonight, but I don't know if she has it on her, or it's at her work, I don't know where it is.
Mr. Quesada: I just want the official blessing in writing or something like that, and then as soon as we get that we will be able to move forward.
Ms. Angell: Right, and then I will have Diego looked in the shed to see what is in
there.
Mr. Winkeljohn: Right, it's their shed on our property, so it should be a cooperative
element.
Ms. Angell: Yes.
Mr. Quesada: Correct.
Mr. Winkeljohn: Which was the intent, and you can let us know after your meeting tonight if anything happened.
Ms. Angell: Yes, I will, and the last thing, what about the security guards? I know I brought up the time that they're there and everything, and we said that we had them on a 12:00 to 8:00 schedule, but I've been thinking about it, and my thing is, I'm thinking they should be there 1:00 to 9:00 because it's summertime now, and this way here, and they're supposed to be still out at the pool by like 8:00 o'clock at night or so.
Mr. Winkeljohn: It's good overlap, yes.
Ms. Angell: So, he can finally get all the people out of the pool area. Mr. Quesada: Got it.
Mr. Winkeljohn: Any objections to that time shift, if not, we'll take care of it, we'll work on it.
(At this point several people were talking at one time, and no one conversation
could be heard)

shifts.

Mr. Winkeljohn: So, we'll try and see if we can do it. Ms. Angell: Ok.
Ms. Berbrick: Or you can do two separate ones too, 4 hours and 4 hours, for 4-hour

Mr. Winkeljohn: We'll see, we'll figure it out. Ms. Angell: Ok.
Mr. Winkeljohn: We'll see what they can do.

April 27, 2022	Hemingway Point COD

Mr. Quesada: That makes sense. Ms. Angell: Ok, thank you.
Mr. Quesada: No problem. Ms. Angell: That's all I have.
Mr. Cochran: Just one quick comment, since I gather there's an HOA meeting tonight, just a reminder that if more than one of you are going to be at that meeting, you can't speak about COD matters, if there's more than one of you there.
Ms. Angell: Right.
Mr. Cochran: So, if a topic comes up, if someone at the HOA tries to ask one of you a question about the COD, it's best just to tell them, why don't you bring it to the management company for the District or come to our next meeting to discuss it there because we're not really able to talk about that.
Ms. Angell: That's what I've done before.
Mr. Cochran: So, just a reminder about that, and that's all I have. Mr. Winkeljohn: Anything else?

NINTH  ORDER OF BUSINESS	Adjournment
Mr. Winkeljohn: Hearing nothing else, is there motion to adjourn?

n MOTION by Mr. Brick seconded by Ms. Angell with all in var, the Meeting was adjourned.

Sec etary /Assistant Secretary	Chairman / Vice Chairman