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, August 23, 2023, at 2:00 p.m. at 1355 Waterstone Way, Homestead, Florida 33033.

Present and constituting a quorum were:

Russell Brick	Chairman
Cheryll Angell	Assistant Secretary
Carlos Suarez	Assistant Secretary (by phone)
Randy Berbrick	Assistant Secretary Also present were:
Ben Quesada	Governmental Management Services
Paul Winkeljohn	Governmental Management Services (by phone)
Mayra Padilla	Governmental Management Services
Scott Cochran	District Counsel
Vanessa Mendez	HOA Property Manager

(PLEASE NOTE: Due to audio recording difficulties, these minutes were transcribed to the best of our ability.)

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

SECOND ORDER OF BUSINESS	Organizational Matters
Acceptance of Letter of Resignation from Ms. Randy Berbrick
Consideration of Appointment of Supervisor to Unexpired Term(s) of Office – Seat #4 (11/2026)
Oath of Office for Newly Appointed Supervisor(s)
Election of Officer(s)
Mr. Quesada: Moving on, we’re going to skip over organizational matters for now, we have a quorum at the moment, so we’ll move on to the next item.

THIRD ORDER OF BUSINESS	Approval of the Minutes of the
June 28, 2023 Meeting
Mr. Quesada: Moving on to item No. 3 we have the approval of the minutes of the June 28, 2023 meeting. Are there any comments or corrections from the attorney?
Mr. Cochran: No.
Mr. Quesada:	Any comments or  corrections  from the Board?	Hearing none, a motion to approve would be in order.

On MOTION by Ms. Angell seconded by Mr. Suarez with all in favor, the Minutes of the June 28, 2023 Meeting were approved.

FOURTH ORDER OF BUSINESS	Consideration  of  First Amendment
to GMS-SF Management Agreement
Mr. Quesada: The next item is consideration of the first amendment to GMS-SF Management agreement and there was some language that we cleaned up on our agreement with the District. For instance, it had our old office address, also the insurance requirements of the agreement were updated up to current requirements, it added the language about the E-Verify which all the contractors have to go through that process to qualify to perform services, and that’s pretty much it. If you have any questions, please let us know but, it was circulated in the agenda and if there are no questions, a motion to approve the first amendment to the agreement for District management services with GMS-SF would be in order.

On MOTION by Ms. Berbrick seconded by Ms. Angell with  all in favor, accepting the First Amendment to GMS-SF Management Agreement was approved.

FIFTH ORDER OF BUSINESS	Staff Reports
Mr. Quesada: Moving on to staff reports, Mr. Attorney, memo on 2023 legislative update.

Attorney – Memorandum on 2023 Legislative Update
Mr. Cochran: Yes, good afternoon, everyone. So, as we do every year, we included here our legislative update which are some of the laws that passed this legislative session that affect CDDs. I can’t remember if we discussed the required ethics training, oh yes, we did discuss that last time, so this one includes some of the other matters. There’s a 5-page memo that highlights eight of the different new laws that were just passed in the 2023 legislative session. So, I’ll just touch on a couple of them just for your information, and two of them deal with public records exemptions. So, as you know, the District’s records are public records, the legislature does have certain types  of records that are exempt from those public records requirements such that if somebody asked for them, the District wouldn’t be required to turn them over, and so sometimes what they’ll do is when they adopt exemptions to those requirements they put like a sunset provision in there where it will automatically expire after a certain number of years. So, what the limits are this year is they eliminated that automatic schedule which keeps it in place, and those relate to safety and security items like building plans, blueprints, schematics for certain types of facilities, and also for fire safety and security system plans. (inaudible comment) One of the ones that you all have are these fancy tablets, and it says you must provide and since you don’t take these home with you, it’s more of a requirement for GMS than it is for you but, the government is adopting a list of certain Apps that are prohibited from going on any type of government-issued device, whether it’s a phone, a tablet, or a laptop or whatever, and TicTok is one of the more famous ones that you’re not allowed to put on there but, there’s other ones also that were created by foreign entities or governments that are also on that prohibited list. (inaudible comment) There’s a couple of them that deal with or have been in the news over the last year so one was directed towards the Reedy Creek Improvement District, the Disney District, so you’ve heard about that. Then another one that’s also been in the news a little bit deals with government bodies from selling or transferring certain interests in real property to either foreign governments or entities that are controlled by a principal of certain foreign countries, and it also prohibits local governments from contracting with some of those entities as well. So, that’s kind of the highlight of a few of them, you’ve got the memo in your packets, and if any of the summaries interest you, we’ve provided the backup laws

to management so they can provide you with those full laws but, that’s really all for that and that’s all I have for the attorney report unless any of you have any questions.
Mr. Quesada: Hearing no questions, thank you, Scott.

Engineer – Drainage Maintenance
Mr. Quesada: Moving on to engineering. As far as the drainage system, the update, I’ve been in communication with the civil engineer, Juan Alvarez, and an email was sent on the 14th directly to the internal staff for Miami-Dade government, and he basically explained to us in short term, and I’m summarizing but, you have copies of the emails here. So, within 5 years this is the current code, and Scott, correct me if I’m  wrong but, they updated the language on a county level where they’re required and responsible for having to at least inspect and clean out your drainage system every 5 years. The turnover for the engineer, and the way it was explained was when everything was turned over, and this is actually at the 5-year mark. So, an email was sent to the county as far as, and the detailed report provided by Raptor Vac with all sediment measurements was provided to the county, and we still have not heard back from the county. At this particular time, management has been driving through the community  after storm activity monitoring things and outside of you guys having some palm fronds and whatnot on the ground, there’s no flooding issues to report. Typically, the way it is  for people that are not experts on the subject, to monitor the health of the drainage system, it’s within 24 hours if we’re still seeing flooding on the streets after any activity stops, and we’re not seeing anything close to that, within hours at the most the streets are fine. So, the particular concern from our point of view and from the actual expert on the subject which is the engineer and the storm drain contractor is, you have 18” of sediment in areas that should not be having anywhere near that amount of sediment in it. So, we are waiting for an answer from the county, and right now staff’s recommendation because of the fact of not having any major flooding issues is to give the county a little bit more time to respond, and if they do not act swiftly enough we can revisit this on the next agenda, and discuss it further. If we do go that route, you still do have the proposal from Raptor Vac where there’s three options on the table, anything that’s 6” and up, anything that’s 6” and down, or just do everything. We haven’t gotten to that point yet where I feel

comfortable where we should have to expend any District’s funds on that at the moment but, let’s wait and see what the county’s response is.

Field/Property Manager - Monthly Report
Mr. Quesada: Moving on from engineering, we have the field report. Mayra, do  you have a quick update on the pool? Do you have the numbers?
Ms. Padilla: Yes, so for the pool, as you guys know we had a problem with Comcast, we called Comcast out, and then Comcast came out, they fixed it, and we were able to connect. So, the temporary pass was needed, and in a month, I’m keeping track of the numbers and we’re giving access to people, and this month we gave access to 46 people, and 3 are still pending. I was finally able to talk to people and I think they understand that you get 2 free, and after the second one, there is a charge, and what people are saying is, well can I swap out my husband for my daughter, and I’m saying unfortunately, I mean if it’s the same person, no problem, but you can’t swap one for the other because then when you swap out the information, it’s not the same card, we have to create a new card.
Mr. Quesada: And keep in mind that’s per license, so obviously it comes at a charge to the District. What we were able to do, which I think is fantastic is, any time anyone switches their phone, we’re still able to keep that identification and just transfer to a new device at no cost to anybody, so that part has already been well addressed.
Mr. Brick: Ok, so I would like it to be abundantly clear on our website in the instructions that credentials cannot be transferred from phone to phone. It will automatically deactivate the credential and it will no longer function.
Mr. Quesada: Perfect.
(At this point several people were talking at one time, and no one conversation could be heard)

Mr. Brick: Well, you’re entitled to two credentials, you cannot transfer your credential to your son through your phone, it will automatically deactivate.
A resident: Ok. (inaudible comment)
(At this point several people were talking at one time, and no one conversation could be heard)

Mr. Brick: Alright, just one more item real quick, is the phone App working successfully on your phone?
A resident: Yes.
Mr. Brick: Thank you very much.
Mr. Quesada: So, going back to that, obviously I think it was just a matter of, I  think within the same week, whether it went down on Monday or Tuesday but, by that Friday everything was fixed, so it was a Comcast issue, and we had no control over it. It was, item number one, identifying the problem, and number two, getting Comcast out there working with our professionals.
Ms. Berbrick: I don’t know if you know this but, I have Xfinity Comcast at home, as my internet, and I’ve been getting notifications that we’re going to be down this day, we’re going to be down that day, which may affect the pool.
Mr. Quesada: And again, that’s pretty much what we had, and they changed their IP address which was causing the connectivity issues, so we met out there with the professionals. (inaudible comment)
Ms. Berbrick: Right.
Mr. Quesada: Going back to the field report, like I said you just had some storm activity recently, so I want to thank Nicoya Landscaping for responding quickly, they came out really quick and staged the debris and came back later on that same week and picked up the debris. I know there were some seed pods and whatnot that we had, and thankfully they were able to do that at no extra charge to the District getting those. Once things do get above a certain height it does require an additional charge, however we were able to work through that.
Ms. Padilla: So, we drove the District and we noticed that some trees are growing out over on the street, so when people are coming out we noticed that they kind of have to go around it. We did look into that and those trees aren’t CDD trees, they belong to  the county so I reported them to 311, that’s something that you guys will have to decide if you want to try to trim them, I did notice that some of them are pretty bad but, for now, we did report them to the county.
Mr. Quesada: Correct, so we’re not talking about anything along the CDD tracts, as you know we’re responsible for the maintenance of anything, and that’s any trees that are county trees that abut CDD property, so anywhere along the CDD tracts we’re able to

resolve. Now, the trees that she’s referencing, are trees along the county swales that are adjacent to private property and in this case, that’s something we can speak with the HOA about and maybe they can send a letter out to the community advising them and educating them on the fact that any trees along the county swales that are abutting their private property, technically, that’s the way the county interprets it, it’s their responsibility to maintain those trees. Now, as a courtesy obviously, Mayra is saying that we went and reported them to 311, two areas, one on 253rd and 252nd, I believe it was.
Ms. Padilla: Yes.
Mr. Quesada: So, those were reported to the county because again they were getting so close to the road where something is bound to happen with those trees.
A resident: Just a question, so the trees that you’re saying, like for example that are on the side of your property, those trees belong to the county but, they need to be maintained by the property?
Ms. Padilla: Yes.
A resident: So, there’s a bit of confusion with the whole thing.  (inaudible  comment) I know the trees in front of the swales, in front of your house, everybody has like two trees, and I don’t have a side tree. (inaudible comment) So, those trees that are on the side of the property, that side of the sidewalk belongs to the county but, they need to be maintained by who?
Mr. Quesada: By the adjacent property owner. A resident: Ok.
Mr. Quesada: Meaning, it’s not a CDD tract. (inaudible comment)
A resident:	Ok, and then we have some trees that are on the swales that are overgrown that are breaking the sidewalk, whose responsibility is that?
Mr. Quesada: Again, that is something where you can report to 311, the District  as a courtesy can assist with stuff like that. (inaudible comment)
A resident: Ok.
Mr. Quesada: So, 311 because the sidewalks are also county sidewalks. A resident: Ok. (inaudible comment)
Mr. Brick: Ben, can I say something, this is not an HOA meeting, and this is a  HOA issue.
A resident: Yes, I understand that. (inaudible comment)

Mr. Brick: How about if we do this, how about if we send you the District map that details the trees that the District is responsible for so that you have it on record?
A resident: Ok. (inaudible comment)
Mr. Cochran: It’s not the CDD’s job to decide between the residents, the HOA, or the county as to who’s responsible for maintaining non-District property, so it’s kind of up to the homeowners and the county and the HOA to figure that out, it’s not a District issue.
Mr. Brick: In all reality that would actually be the HOA’s responsibility. A resident: Ok.
Mr. Quesada: (inaudible comment) Any obstacle along the roadway that could cause a safety issue we don’t mind helping, as a courtesy assisting with communication like that.
(At this point several people were talking at one time, and no one conversation could be heard)

Mr. Brick: In the green highlighted map those are the areas that the CDD is responsible for, if I remember the map correctly. So, all property that is adjacent to a county road that is not maintained by the CDD is the responsibility of the homeowner, adjacent to that property. The only place that I have a little confusion about is where  there are four county right-of-ways in our development and whether or not the homeowner is responsible for those trees.
A resident: Which are those?
Mr. Brick: The right-of-ways are the streets that dead-end to the next  development, that’s a county right-of-way.
A resident: Ok.
Mr. Brick: And technically no vehicles can be parked there, nothing can be placed there, you guys don’t enforce it, we don’t enforce it because we obviously don’t have enough parking spaces but, those are the trees that I’m concerned with and who’s responsible because some of them are really getting into the road.
A resident: Yes, they are, especially where the mailboxes are, that street.
Mr. Quesada: Ok, so I showed him the map so he can understand what was  going on.
Ms. Berbrick: And Vanessa asked for a copy.
Mr. Quesada: Yes, it’s also on the website under our District. (inaudible comment)

Mr. Brick: Ben, what about the swales that are in the county right-of-way? Mr. Quesada: Can you be more specific?
Mr. Brick: Yes, where the street dead ends into the next development, that’s a county right-of-way, are those trees our responsibility or are they the responsibility of the homeowner?
Mr. Quesada: They’re the responsibility of the county, so if you look at your  District map.
Mr. Winkeljohn: Hey Ben? Mr. Quesada: Yes, Paul.
Mr. Winkeljohn: There are a couple of those parcels that the property owner actually goes all the way to the middle of that dead-end street, so you have to pull up the Property Appraiser’s website to see each one that’s a detail you only see when you see the individual property parcels. (inaudible comment) The two property owners on either side of that street, they actually own about a foot and a half of that real estate all the way to the end.
Mr. Quesada: Thank you Paul, that was good information. Again, speaking about the District as far as that, what we’re talking about is if you look on the map, there’s green tracts on there and they’re all identified, and each tract even has its own name, I know it’s small print but, it was just printed, so you can see tract C, tract G, tract E, tract F, all those tracts belong to the District. The easiest way, and I told that to him is to look at the doggie stations on the backside of their pool where the drainage area is, you have a couple of doggie stations, all those are CDD tracts, you have doggie stations at those, that’s the easiest way for someone who is walking the community to identify the CDD tracts. So, he was asking about some corner lots where you make the turn, I think it was off of 252nd or 253rd, and that’s what I was explaining to him, some of these corner lots there is more swale right next to their property but, there is no District property adjacent to that area. Technically, the interpretation by the county would be the owner is responsible but, he still advised it would hurt to try to tell anybody that’s having issues with those trees to at least report it to the county and see what happens, maybe the county will send somebody out there to take care of it for you, who knows, because that is their road on the other side too but, if not the way they’re going to determine it, they might send a letter because that has happened in another District that we’ve done with

Scott before where there were some sidewalk issues that belonged to the county, and the county basically came back and said, whoever’s house this is right in front of the sidewalk, that tree is your responsibility, so it all depends but, it doesn’t hurt to try.
A resident: Absolutely.  (inaudible comment) And another question, I know that  the lights are managed by FPL, correct?
Mr. Quesada: Yes.
A resident: So, a lot of these lights, where they were positioned, were positioned  2’ or 1’ from a tree, and we have a lot of them that are under the tree, and I know FPL trims trees around light poles, would that be correct to say that? (inaudible comment)
Mr. Quesada: It wouldn’t hurt to call them.
Mr. Winkeljohn: Yes, but remember the lights are also under a Special Taxing District that the county manages.
Mr. Brick: Correct.
Mr. Quesada: (inaudible comment)
Mr. Brick: Just as a further note, that Special Lighting District is included in your
taxes.
Mr. Quesada: Correct.
Mr. Brick: So, you pay for it too.
Mr. Quesada:	Yes.	FPL actually made the reporting just like the county and
they’ve actually gotten so much better with that, so some days it took forever on the phone, now you can do it online. (inaudible comment) It only takes 5 minutes at the most to report it and get a ticket number and you can track it.
Ms. Angell: I have a question. With the storm that we’ve had, I sent you a picture of a tree that had fallen, did you get it?
Mr. Quesada: Yes, we lost a 12’ poinsettia tree. Ms. Angell: Did you cut it all the way down?
Mr. Quesada: I need to follow up with Nicoya per my last inspection I think it was  a week ago it was still there, half of the trunk, so it’s in no danger of causing any damage but, yes, we’ll get that at least cut down to grade so that there’s no issues. For now, it’s about 3’ or 4’ high and that’s a good thing because that’s not something that anyone could fall over.
Ms. Angell: Right, ok, thank you.

A resident: Regarding the trees in the storm, are you guys on scheduled maintenance for storm trimming?
Mr. Quesada: That’s already been completely done, yes. So, every year, and again going back to your budget, these are the types of services that were added, as time went on the field services were added. Once a year now you have BrightView Landscaping coming through there, and anything that’s above I think 12’ or 15’, like the royal palms in particular are being trimmed pre-hurricane season, so I’ll have the tree trimming on the field report. I want to say it’s June at the latest it was done, so I’m working on that between spring and June, so it is done.
Ms. Berbrick: And since we’re talking about what the CDD covers and doesn’t cover, maybe now would be a good time to put on the record that so anybody and  everybody can see exactly what the CDD is supposed to be maintaining.
Mr. Quesada: Sure, so you have kind of two main purposes of the District, one is you have the construction bonds that were done to build the infrastructure of the community which obviously they’re still being paid off because it’s a 30-year bond, so that is one requirement. The other is obviously we’re maintaining the infrastructure, and I just kind of went over the map now of the areas, they include the pool, the entrances, that the District is responsible for maintaining. Along the way while we do that maintenance, obviously, you may spot, or we may spot, or a professional may spot, a flaw in the original intended design of such structures or infrastructure, and that is also up to the Board’s discretion to make improvements or mitigate future damages to these areas that the District is responsible for. So, that is kind of where we’re at, and again, we went over this with the proposed budget from 2018 to 2022, you guys chewed up about $100,000 you had in reserve, the contingency, and so one of the goals of the District is to kind of get back to that point because we don’t even start receiving funds until after the first three months of the fiscal year, and you need to have money already in contingency just to pay your overhead, let alone you get a storm, or a hurricane, or anything like that, and again, we understand it’s county roads and whatnot along there, but what if you have a hazard of immediate need, are you going to wait for someone from the county to show up, or do you want to have at least some funds on hand to be able to take care of an emergency repair. As a matter of fact, yesterday or the day before, your two pool pump motors are on their last legs, they’re making loud noises, they’re still operating, but any minute now

they are not going to last much longer. So, it was reported to us, and we already authorized to have those pumps replaced because we have enough money on hand for the pool and these types of emergency costs to get those pumps replaced. So, these are the types of things that you want to just have available funds for.
Ms. Angell: I just want to tell you at our April 26th meeting, we had said the palms were going to be trimmed, and then they were done after that.
Mr. Quesada: Thank you, yes it was done a month or so after that, somewhere between early May and June it was done.
Mr. Brick: And also moving forward, any mitigation that’s done is done at the behest of the Board, and it also has to be paid for by an assessment because our budget includes only the operations that we’re handling now. Any future considerations, we either have to take money from the reserves, or we have to assess for it, so do we be prepared for anything that happens in the future, or do we just spend it all willy nilly, you understand where I’m going with this?
A resident: Yes. Mr. Brick: Ok.
A resident: And I do have some questions regarding the budget but, I’ll wait for us to get there. (inaudible comment)
Mr. Brick:	We really have to finish the business of the meeting before we get involved with any of this because this was all out of place to begin with.
A resident: Ok.

CDD Manager - Discussion of Financial Disclosure Report from the Commission on Ethics and Reminder to File Annual Form
Mr. Quesada: Moving on to the manager’s report, we have discussion of the financial disclosure report from the Commission on Ethics and reminder to file your annual form. I believe it’s in our agenda, I know the county is a little bit slow on updating but, let me check, I believe we have everybody except for one Supervisor on there, and he’s not on the phone now but, this is just a reminder that it is a personal obligation, and you could be fined up to $1,500 by the state if you don’t send it in on time.

SIXTH ORDER OF BUSINESS	Financial Reports
Approval of Check Run Summary
Acceptance of Unaudited financials
Mr. Quesada: Moving on to financial reports, which we can talk about the budget now if you guys want to open the discussion, or if you just want to approve the financials you can do that. We have the check run summary and the unaudited financials, are there any questions?
Mr. Suarez: I have one question on the financials, did we really spend $300 on toilet paper dispenser replacement?
Mr. Quesada: That was for both bathrooms, yes, and your original toilet paper dispensers were completely rusted out and they were replaced with different material that will not rust, more like a vinyl dispenser but that was done in all stalls and in both bathrooms, that includes labor, yes.
Mr. Suarez: Ok, thank you.
Mr. Quesada: Are there any other questions on the financials, if not, a motion to accept the financials would be in order.

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

SEVENTH ORDER OF BUSINESS Supervisors Requests and
Audience Comments
Mr. Quesada: We are basically in the audience comments portion now so if anyone has any other questions about the budget we can take those.
A resident:  Yes, I have some questions about the budget as a homeowner and I’m just trying to understand the budget, so you have an adopted budget for 2023, and then you have the total projected for 9/30, that’s the end of your budget year, and on these projections, is that what you guys are expecting to spend by the end of your budget year?   So, you budget for Supervisors fees $10,334, and then it says total projected
$59,006, so that means you guys spent less. So, if that’s the case, then for the pool, you guys had budgeted $7,200 and by the end of this fiscal year you’ll have used $9,200, but you budgeted $12,000 for this year, why such a big jump? So, the Board says in 2023  the adopted budget, is $7,200 projected to 9/30 is $9,250, so I’m assuming you guys

have some repairs or whatever, but what you’re adopting for 2024 is $12,000 but, then it says here in the details that you guys are paying Florida Bright & Blue $520 a month which just adds up to like $6,300, so why is it like that because it’s a big jump from
$6,300 to $12,000, it’s just a big jump, and I don’t know, I’m just trying to understand it.
Mr. Quesada: Sure, so there’s two things in there, number one is, I don’t know if you know this but included in the pool maintenance is also the two fountains at the entrance.
A resident: (inaudible comment)
Mr. Quesada: So, two other things, number one, last year, everything is needed  so your pumps, your filters, your gaskets, electrical issues arise with the circuits and whatnot, so what our accountants try to do is, they look at the past fiscal year, the previous fiscal year.
A resident: For depreciation and the risk of things breaking down.
Mr. Quesada: Yes, and keep in mind, if we do go under budget let’s say, that’s part of the carry forward to the next year which is good budgeting.
A resident: So, what is repairs and maintenance, what is that?
Mr. Quesada: That applies to any repairs, that’s not specific to anything in particular.
A resident: Like what?
Mr. Quesada: Like the electrical in the bathrooms, that’s not pool maintenance,  but that’s specifically tied to the pool. (inaudible comment) Also, the playground repairs, the entrance, when we do any type of structural or landscaping repairs.
A resident: And the landscaping lighting and replacement is $5,000, wouldn’t that go under that?
Mr. Quesada: Yes. (inaudible comment)
A resident: Ok, and I’m trying to understand because you have landscape maintenance, you have repair and maintenance, you have pool maintenance but, then you have landscape lighting and replacement, and then we have tree trimming. So, you said there’s a secondary company, that anything above a certain height does that, do we also have somebody that does the irrigation?
Mr. Quesada: So, the way we’re doing it is the same company, BrightView,  they’re a full-service landscaping company, they are providing it and what we’re doing is

quarterly wet checks, so I think every 2 or 3 months they’re coming out there and they’re doing the wet checks.
A resident: Have we put out for a request for a company to do everything, so we’re not paying Nicoya, this guy, the other guy, just one small company? (inaudible comment) I’m just asking how often do we visit the expenditure, like how often do you say, let me see how much it’s costing me now to do this, and it might be more.
Mr. Quesada: So, honestly that’s up to the Board’s discretion, I can tell you as the manager, I would be coming to the Board and making recommendations like that when they’re receiving increase requests from a contractor if they haven’t increased their price in 5 years or whatever it is. So, typically it’s at the Board’s discretion or somebody is coming and asking for an increase, and then depending on the number of the increase and our budget, we would want to start shopping around and see what other options we have.
Mr. Brick: Also, I’d just like to note that the District is not required to shop any contract that’s below $200,000.
A resident:	Ok, so you guys can just say, if it’s under $200,000, it’s at your discretion.
Mr. Quesada:	I mean, sounds like you’re obviously looking at your budget and making sure that we’re staying within the budget.
(At this point several people were talking at one time, and no one conversation could be heard)

A resident: So, the increase from actual, like the pool attendant, so what days do we have a pool attendant?
Mr. Quesada: Weekends and holidays, and I don’t want to be more specific than that on the record only because it’s a security thing, we do play with the schedule a little bit based on attendance, so we don’t want everybody knowing exactly when the security staff is going to be onsite.
A resident: Ok, so the pool attendant, regardless of when they’re there, when did we start having a pool attendant?
Mr. Brick: About a year ago.
Ms. Berbrick: I think a little bit more than a year.

Mr. Quesada: Yes.
A resident: So, in the 2021 and 2022 budget it was budgeted $30,000 so we can have them?
(At this point several people were talking at one time, and no one conversation could be heard)

A resident: So, in 2020 you budgeted $30,000 for a pool attendant.
Ms. Berbrick: So, clearly a budget is a budget to work to or not go over, and then  if there’s extra it goes into what we call reserves, or the carry forward.
(At this point several people were talking at one time, and no one conversation could be heard)

Mr. Suarez: I’m sorry Cheryll and Randy, can you guys please stop whispering, I can hear you and I can’t understand what Ben was saying, thank you.
Mr. Quesada: (inaudible comment) So, whenever you have good management, any carry forward money goes into your carry forward surplus which is used as a reserve and reserves are emergency spending in case anything should happen.
A resident: I understand that. Mr. Quesada: Ok.
A resident: And I understand when you’re budgeting you look at your expenditures, you say ok, we budgeted $10,000 and we spent $11,000, I think we went over, let’s budget 20% more to give us some additional leeway just in case but, there’s some places here for example, pressure cleaning, $8,000.
Mr. Winkeljohn: Ben? Mr. Quesada: Yes.
Mr. Winkeljohn: I can answer that. Mr. Quesada: Go ahead.
Mr. Winkeljohn: Sorry, I can’t see the resident but, I can hear him loud and clear. This is Paul Winkeljohn, the previous District manager, in District budgeting because we want a flat as possible assessment, we often put what’s called placeholder budget line items and the scale of work at one time was anticipated “X” number of people, “X” number of hours, a full-time pool attendant and then it doubled or so in the summer, and so that scale, that $30,000 was a level of service established by the District, and there

are other examples of other professional fees that are hourly. We don’t know what those rates are going to be but, we try to keep that number a little higher than maybe is happening on a regular basis because if you keep moving that around, you can ultimately get into a position where you don’t have enough funds, so it’s a placeholder philosophy in some cases.
A resident: So, with the placeholder is it affecting the assessment because of the placeholder?
Mr. Winkeljohn: Well, you could look at it the way we look at it which is, you have to have a certain amount of money to follow the bottom line every year to build any reserves. If you guys have your financials open, under section 6B of the agenda, on  page 5, if you look at the bottom of that page, at the next change in fund balance line, it’s the third line from the bottom, your adopted budget at the current year-end was a deficit of $30,000, and that’s because of a number of things. So, in the long run if you’re not holding what we know is the industry, or we know the service level of Districts your size, if you’re not keeping certain expenses at a reasonable rate in range, and the pool attendant I don’t think is a good example because you’re spending it pretty close to 100% this year, maybe 75%, somewhere in that range but, if the District wants to double security  because they had problems which has happened, where are you getting it from, so that’s the idea but, great question, I appreciate you participating.
A resident: Ok, and lot of people like to assume because they don’t understand  the business end of it, so I just wanted to understand what the mindset was, what was the plan behind that so I could understand it.
Mr. Winkeljohn: In public budgeting yes, you want to be careful from too much incremental budgeting where you just add 5% every year, and you want to be too careful of under budgeting which creates a ripple effect, and you want to be careful of too many placeholders. When Districts first start, they’re all placeholder line items in that respect because there’s no activity, so the strategy flows and obviously the Board makes that decision when they adopt the budget.
A resident: And the property taxes, we weren’t paying property taxes until 2022? Mr. Winkeljohn: Ben, do you want me to handle that, or do you want to take it?

Mr. Quesada: Well property taxes, I mean we assess the amount, I don’t know what the amount is of the assessments, but we’ve been collecting it through the Non Ad Valorem Assessments.
Mr. Winkeljohn: No, we pay a tax bill, Ben. Mr. Quesada: Ok.
Mr. Winkeljohn: So, the history with Dade County is they decided to go after all clubhouses in the area in South Dade and several of our Districts I think all of them got a tax bill. The address and the deed for the cabana/clubhouse is still in the construction company’s name, so the bill didn’t get to the District until much later and eventually they gave us a bill last year, we had to pay it because we got the bill after the appeal process, this year Scott and Ben will apply for an appeal process. We automatically apply for one for all of our Districts to prevent this but, there was a political move in the county to try to get some revenue, or make these clubhouses prove that they’re public, so we’ve added a feature that we know that qualifies us for that essentially, we’ve met it.
A resident: Ok, so I get it. (inaudible comment) So, now if we open the pool to the public, it’s so you can save on those taxes.
Mr. Quesada: And technically we’ve always been eligible but, the county has  been cracking down on us, so Scott is already assisting us with that, so what we did is we added additional signage and language on our website to make that more abundantly clear to the county.
A resident: Ok.
(At this point several people were talking at one time, and no one conversation could be heard)

Mr. Quesada: Well, I want to say it’s about $1,000 a year for nonmembers to become a member. If you think about it, for an entire household having a large gym, a pool/jacuzzi it may be worth it for $1,000 a year too. (inaudible comment)
A resident: (inaudible comment)
Mr. Brick: And do we really want a bunch of people coming from outside the development?
A resident: (inaudible comment)
Mr. Quesada: Scott, can give you a definition of that?

Mr. Cochran: It’s a public facility so it has to be usable by members of the public on relatively the same terms as members of the community, so the way that figure is derived is basically management decides what portion of the assessment is attributable to the debt, operation and maintenance of the pool and that’s how they have arrived at that amount. So, the idea is that someone living outside Hemingway Point can join but the amount they’re going to pay for the privilege is essentially the same.
A resident: Ok.
Ms. Angell: And you asked when did the security at the pool start, ok at our June 23rd meeting in 2021 we had a discussion about that, and then we started it on the July 4th weekend.
A resident: Ok, so 2021, perfect. Is there anything we can do to better communicate the pool process? I don’t understand why it’s been so hard for people to understand the process.
Ms. Padilla: So, there’s a lot of different things, and I’ve been the one taking care of it. So, what I started to do is and people were contacting the wrong person, they were going to the HOA, so that was happening, and people were sharing codes. So, I’ll give you an example, I send you a code and then you tell your daughter to download the App and you tell your wife to download the App, and they’re all sharing a code. So, what happens is automatically for security purposes it shows me a kickback, so what does that show me, it says an error. So, that shows me that code was used more than once, sometimes people put in it once, and then they say, oh I put it in wrong, so that was another thing. So, what I’m doing now is that I am taking it upon myself that if I send two or more emails and I see that we’re not getting anywhere I just call them, and I say, stay on the phone with me, and I’m going to walk you through this process.
A resident: Ok.
Mr. Quesada: In addition to that, so the way it started, you still have an online application which not many people still fill out, they just go directly to Mayra, and how that application is, it’s as simple as filling out the fields for two household members, their name, their address, a phone number, and an original email, that was it. It would auto- generate an email, it would go to our office and it gets sent to Mayra seeing the email, and Mayra would go do her legwork and resolve it. If there’s no issues or red flags that

pop up, she’s able to authorize it and get it done in one business day is typically the turnaround time.
A resident: And when you do it, the App generates the code and sends it to them? Ms. Padilla: Yes, so I go on there, and this is how they get their report too, is for example let’s say you said you wanted two Apps, they would give the same email address and I would say no, and they would say, well he doesn’t have an email, so then we would go back and forth on it, and I’d say listen, there’s no way around this, you need
an email address. So, then that creates an email and HID sends them an email.
A resident: Ok.
Ms. Padilla: HID goes in there it tells them step 1, step 2, you need to download this App, it gives you a link, you go to the thing and what happens, once you download the App, I have to go in there, I have to verify everything, and I have to approve it.
A resident: Ok.
Mr. Quesada: That’s for quality control because we have a lot of people trying to cheat the system, or sometimes somebody moved out, somebody moved in, we just need to do our due diligence. (inaudible comment) In addition to the instructions that the App is sending you on your phone, auto-generated, we created a PDF step-by-step, I did that actually with Mayra’s assistance, but we came up with one, and posted it on the website. So, in addition to having pool rules, having a very basic form of the instructions that I emailed to you, the District took it upon themselves to create a step-by-step with pictures and a guide on how to do it, and I think we’ve gotten a lot better with this over the last year or two communicating with the other property managers, anytime that anything needs to be communicated to the community on a mass scale. (inaudible comment)
A resident: Limited licenses, you guys have limited licenses? Mr. Quesada: Yes.
Ms. Padilla: Yes, so what happens with that is let’s say you set it up, and I go in there, I put in your address, and I see, you sent me the warranty deed, and I say, hey I don’t see you there. (inaudible comment), and I see that two people are there, I’ll look into it. (inaudible comment)
A resident: (inaudible comment)

Ms. Padilla: I mean when you close on your house you get a warranty deed, and with that I can do the process.
A resident: (inaudible comment)

(At this point several people were talking at one time, and no one conversation could be heard)

Mr. Brick: So, if you have any problems, I posted on the Facebook page, that I would personally come to your house and install the App for you.
A resident: (inaudible comment)
Mr. Quesada: (inaudible comment) And listen, in technology, there’s always going to be an occasional hiccup that we have a Comcast issue. (inaudible comment) Outside of that, this system has been really good, I think it’s done a really good job of keeping people who are trying to bend the rules and limit the human presence onsite as much as possible for the budget, it’s working really well. (inaudible comment) So, I think it’s actually a good thing because it’s keeping people who shouldn’t be there, out of the pool.
Mr. Brick: So, that being said, secondhand information posted from  another source on Facebook is not accurate, if you want the information, you come to us. You have a question, PM me, I’ll answer anything you want to know.
Mr. Quesada: (inaudible comment) A resident: (inaudible comment)
Ms. Padilla: Something that I have heard, and this is kind of like for me is, I’ve gotten a lot of calls, and people talk, oh no because they told me to harass you until you do what I say.
A resident: (inaudible comment) I can tell you that nobody would say that (inaudible comment)
Ms. Padilla: And sometimes they email me five times a day. (inaudible comment)
A resident: Each of these requests takes time, so I don’t think I’ve ever told anybody to harass you.
(At this point several people were talking at one time, and no one conversation could be heard)

Mr. Brick: There are plenty of people who have plenty to say behind the scenes, and that’s where all of that friction is coming from.
A resident: Well, I can say that what we have said is, this is who you need to contact, email them. Now what they do after I tell them that, I have no control of that.
Mr. Brick: Of course not.
A resident: I have no control if they want to call you ten thousand times, even if you tell them, email her and she’ll get to it, there’s no control over it.
Mr. Quesada: And one thing I just want to say, I understand that, and you can’t control it on a group chat of five homeowners, that’s not your responsibility but, my point is sometimes people are expecting a quicker turnaround time, and I just want to be clear that Mayra’s spending a lot of hours on this, probably more than we’re budgeted for because she cares and wants to help everybody, and so just the expectation, to be clear, if somebody is not following direction and you sent them 3 emails during the business day, then we’re probably going to have to get back to them on the next business day.
A resident: What is the best turnaround time, 72 hours, a week, what is it? (inaudible comment)
Ms. Padilla: If they apply and follow instructions?
A resident: If they follow instructions, how long will it take? Ms. Padilla: Two days.
A resident: So, 48 hours.
Ms. Padilla: Yes. (inaudible comment)
A resident: I think you should disclose at least 72 hours to give you enough time. (inaudible comment)
Ms. Padilla: (inaudible comment)
A resident: Alright. (inaudible comment)
Mr. Brick: Also, moving forward, a lot of these complications can be avoided with cooperation with the HOA.
A resident: (inaudible comment) At the end of the day, I feel that there’s a lot of tension between the CDD and the HOA, and I’ve had this conversation with Ben, I called him, and I said, let’s work together, because there’s no way we’re going to be able to manage this. So, what I want to do is to be able to create open communication and see how we can best assist. Like for example, pool access, so we’re communicating the right

information, and say reach out to Mayra, and it’s going to take 72 hours for you to get your access. If you’re having issues, you’re going to have to call her but, this is a process, and it’s all about that. (inaudible comment)
Mr. Quesada: Thank you.
(At this point several people were talking at one time, and no one conversation could be heard)

Mr. Brick: So, I think some of the other problems too, are the fact that there’s no clear definition between the HOA and the CDD. The HOA represents you, the CDD represents the property, and it acts in the best interest of the property, you, the HOA, act in the best interest of the homeowner and what’s best for the development and its overall functionality. Our responsibility is the same thing but, it’s not people-based it’s, you elected these people that sit on the Board, and they make the decisions. We are more than willing to listen to your input but, it’s not a requirement to act on that input, the requirement is to act in the best interest of the community as a whole in order to repay the bond and maintain the infrastructure. We want to make as many improvements as  we can but, those improvements take financial resources, and the resources are not within the budget at the time because they’re new endeavors.
Mr. Quesada: We do have a wish list of items that eventually the Board would like to get to.
Mr. Brick: We have a whole bunch of stuff.
Mr. Quesada: But for now, it’s fixing what we have, and then slowly rebuilding that carry forward so we do have a little bit extra, that’s when we can take on one or two items on that wish list.
A resident: And I think that one of the things that, and it’s right what you say  about, there is a misunderstanding of who owns what and what people are responsible for, and there’s a miseducation in the community, and I told Ben maybe we should do a meet and greet of the Boards, so you can ask what are you responsible for, this is what the HOA is responsible for, so everybody understands. (inaudible comment)
Mr. Brick: And you see what happens there, all it does is create friction and problems moving down the line. We need to communicate with each other, and we need to try and help each other. There is no good use coming out of anybody going on Facebook and making accusations and pointing fingers, nothing gets done.

Ms. Angell: And anyone can come to the meeting and ask questions, we don’t mind, and if somebody calls me up and asks me questions, I answer them, you called me, I answered you, so we want to help the community, that’s what we’re there for, that’s why you voted us in was to help.
A resident: Ok.
Mr. Quesada: Thank you for coming to the meeting, I appreciate it. Ms. Berbrick: Thank you.
Mr. Quesada: (inaudible comment)
A resident: We have to remove this friction because it’s just creating more problems for no reason, and instead of us understanding and helping each other out. (inaudible comment)
(At this point several people were talking at one time, and no one conversation could be heard)

Mr. Quesada: And we’ll be happy to just so you know, at least once a year, I think we should have as a general practice, usually around budget season, when we’re doing our proposed budget like we did, we had it at the Silver Palms clubhouse, so that’s the idea, that at least once a year we’ll try to make it so that everybody comes. Again, these are public meetings, anybody can attend, we will play with the schedule, and as long as the Board is comfortable with that, at least on a once a year basis to make it maybe like an evening meeting, and make it like a town hall style.
Mr. Winkeljohn: Ben, can I add something? Mr. Quesada: Sure.
Mr. Winkeljohn: We usually have a line item on the agenda for the homeowner association to give a report, and if they have a written report or anything, a week in advance we’ll put it in the packet and make it part of the record. That also gives us the opportunity, if we have questions to try to deal with that and figure out what we can do best, and that week before the meeting is very helpful. If you can’t and you show up at the meeting and you have something that’s great but, we’d love to have you literally on the agenda.
A resident: Yes, absolutely that sounds great, so we have a new property manager, Vanessa.
Mr. Quesada: And she’s just got added to those emails.

A resident: Ok. (inaudible comment)
Mr. Quesada: Again, like Paul said, typically leading up to a week before the meeting when we call for the final agenda items, she will be contacted by email, and any items that she would like to be brought up for the Board from the HOA's perspective, it will be included in the agenda and it will us the time to read up on it and ask questions.
A resident: Ok.
Mr. Quesada: Are there any other questions from the audience?
A resident: Yes, I want to thank you guys, this was a really productive meeting, it was very educational, I want to thank Randy, thank you for serving on the Board, I look for to Russ announcing your position or your vacancy. (inaudible comment) Thank you for addressing the email I sent you guys.
Mr. Quesada: Thank you. Before we adjourn, there are organizational matters, Randy sent us a letter of resignation, it is in your agenda on page 3, right before the minutes. So, we have a letter from Randy and I'll read it into the record, to whom it my concern I, Randy Berbrick hereby resign my position on the Hemingway Point COD Board as of August 23, 2023. It was my pleasure to serve my community, and with all of my fellow members, Randy Berbrick.  So, with that being said, we would need a motion to accept Randy's resignation.

On MOTION by Ms. Angell seconded by Mr. Brick with all in favor, accepting the resignation letter from Ms. Randy Berbrick was approved.

EIGHTH  ORDER OF BUSINESS	Adjournment
Mr. Quesada: If there is nothing else, we need a motion to adjourn the meeting.

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

-/Jel,I.;,;,,,.:		
ecretat/4	ssistant Secretary