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, October 25, 2023, at 2:00 p.m. at 1355 Waterstone Way, Homestead, Florida 33033.

Present and constituting a quorum were:

Russell Brick	Chairman
Anthony Toro	Vice Chairman
Cheryll Angell	Assistant Secretary Also present were:
Ben Quesada	District Manager
Paul Winkeljohn	Governmental Management Services (by phone)
Mayra Padilla	Governmental Management Services
Scott Cochran	District Counsel
Venus Barrera	Resident

(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
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: Item No. 2 on the agenda is organizational matters, consideration of appointment of a Supervisor to the unexpired term of office for seat #4, and let me give you the exact page number. Starting on page 3 of your digital agendas you have Marcos Gonzalez on page 4, and you have Venus Barrera, both agreed to be at the virtual meeting

but, I do not see any attendees as of right now. I know they were copied on the email list as well, so this is just for the Board’s consideration right now. No decision has to be made at this precise moment but I did promise that if anybody did reach out we would be sharing our information with the Board to review, and so I leave it up to the Board to discuss.
Ms. Angell: Well, I did read both of their bios, and Marcos, I do know him a little bit and his wife, I don’t know the other lady but, I read her bio also. Are we thinking of voting for either one of them today or are we just reading and thinking about it?
Mr. Brick: I don’t know, I think that we should move quickly, I mean we don’t necessarily have to do it today, but we should move quickly, it’s a quorum issue for one, and number two, we’re an even number and we should be an odd number.
Mr. Toro: You’re saying we’re an even number? Mr. Brick: Yes, we’re only 4 members.
Mr. Toro: Oh, I see what you’re saying, I’m sorry.
Mr. Quesada: If we count Carlos, he’s four, he couldn’t make the meeting at the last minute.
Mr. Toro: I’m open to, if we have time to discuss each bio and all three of us make a decision, I’m good with that.
Mr. Quesada: Anything you guys do now has to be on the record but, feel free to discuss it openly, like I said, you don’t have to make the decision at this point in time but, anything you would like to discuss now is the appropriate forum to do that.
Mr. Brick: Right.
Ms. Angell: Well, there are three of us today to vote on it, that’s the thing because there’s not always three of us here.
Mr. Toro: Do we have time to do like do a huddle of that I guess, I don’t know how long the meeting is going to take.
Mr. Cochran: It’s the Board’s prerogative, you can do whatever you want with it. I guess when you’re saying huddle, you mean just discuss it?
Mr. Toro: Yes, discuss the bios among ourselves. Mr. Cochran: Yes.
Ms. Angell: You mean off the record? Mr. Toro: No, on the record.
Ms. Angell: Ok

Mr. Quesada: Go for it.
Mr. Toro: What do you think?
Mr. Brick: Yes, I read them, I know Marcos pretty well, he’s a good guy, he’s fair, he’s even-tempered, I think he would have the community’s best interest at heart, he’s been a long-time resident, I mean he’s lived here almost as long as I have I think, almost 10 years.
Mr. Toro: Ok, I’m good, I agree, not that I’m saying one is better than the other, sometimes someone always stands out, and I was just looking at his title, Fire Captain of the City of Margate, and that would be something that I would lean towards him because of his prior experiences, I think that would be an asset to the Board.
Mr. Brick: I think so too.
Ms. Angell: I agree with you, I think he would be an asset to the Board, and like Russ said, we know he’s been in the neighborhood for a long time.
Mr. Brick: Right, he knows the community, and he has a good background.
Ms. Angell: And the other lady, Venus, I mean she’s said that she’s been in our neighborhood since 2021, so that’s just been a couple of years but, she’s also a property manager, so she knows different things but, I am leaning towards Marcos to be honest because like I said, he’s been in our neighborhood a lot longer, he’s seen what’s progressed and what’s happened to our neighborhood. I know that being a fireman he has time off that he could be here at the meetings, especially knowing ahead of time when we have our meetings which is also good.
Mr. Brick: Right, and it’s important that whoever we decide to pick is going to be
here.
Ms. Angell: Right.
Mr. Brick: I don’t really know Venus, or Ms. Barrera, I mean she’s only lived here for
a couple of years but, I’m not going to say that disqualifies her.
Ms. Angell: No, of course not.
Mr. Brick: I just think that we would be looking for someone with tenure in the community, that’s all.
Mr. Toro: I agree, that’s what I was about to say, like I said, not that I’m saying that one of them is better than the other but, you’re looking at their qualifications and someone with tenure in the community, for me, I would lean towards them.

Ms. Angell: I agree with you too, I’m thinking of how long he’s lived in our community versus Venus Barrera, like I said she’s only been here a few years but, I’m leaning towards someone that’s been in our community a little bit longer. So, are we able to say that we could take a vote on this today?
Mr. Quesada: Yes, you can but, I need to clarify one procedural thing from the attorney, so he’s not virtually in attendance right now, assuming they appoint somebody.
Mr. Cochran: Who isn’t virtually attending?
Mr. Quesada: Well, right now we’re discussing Marcos but, he’s not currently attending virtually, nor in person, so my only question to you is, and I just want to take the worst-case scenario before they make a decision. If for any reason he does not, let’s say he’s elusive, and we cannot get him to complete the oath and whatnot after the meeting, is that something that if after a certain point in time, the Board could reconsider or have someone else?
Mr. Cochran: Yes, I mean he doesn’t assume the office until he takes the oath of
office.
Mr. Quesada: Understood, let’s say he moved out next week, I just wanted to think
of the worst-case scenario.
Mr. Cochran: Well, if he moves out then he wouldn’t be qualified for the seat, so he would have to resign. (inaudible comment)
Mr. Quesada: Ok, so he would be required to resign once they make the appointment, even though he hasn’t been administered the oath?
Mr. Cochran: No, I’m sorry. I think if he moved before the oath was administered, then he never took the seat but, the vote would be a motion to appoint to fill the vacancy in seat #4, and then he would need to take the oath of office, and even if he joins remotely he can’t do that for today’s meeting, he has to have the oath administered in person, unless he has a notary that he appears at.
Mr. Quesada: Ok, so again I will endeavor to make every effort to meet with him and administer the oath, I am a notary but, I just always think of the worst case scenario because you are appointing someone who is not here, and hopefully he can join us on the phone, let me see if he called in.
Mr. Cochran: And what Ben is getting to I think is, once a Supervisor does take the oath and is seated in the office, the only two ways they would get off is if they resign or if

the Governor removes them, so we want to make sure, and as you’ve all said, they’re going to be around physically to attend because there’s been some Districts that we’ve had, a Board member and for whatever reason just kind of goes MIA but, unless they resign or until a new election period comes around, there’s no way to get that person out but, once the seat comes up for election and if somebody qualifies for that seat and runs against them. So, that’s been the only concern and so he wants to make sure that we’re going to put someone on the Board that they’re going to be available because it’s hard to get them off once they’re on but, just by making the motion to appoint, the person still has to accept the nomination and they’re required to take the oath of office.
Mr. Brick: Understood. Ms. Angell: Yes.
Mr. Quesada: I mean he did, again, you see his email, he did make a commitment in writing to us, I just wanted you guys to know that, for any reason, we can’t get him to take the oath or anything like that, that would be a possibility, that’s all.
Mr. Cochran: And the other thing the Board could do is, if you wanted to, is we could wait until he’s connected too, and then you could ask him questions about that, so you could move on to a different agenda item, and then revisit this item.
Mr. Quesada: And that was the next thing I was going to get to, just to make sure we have him on the phone at least, in case you guys have any questions, why don’t we table item No. 2 for now, let’s continue with the agenda, and once he does call in, we can revisit that.
Mr. Brick: Ok.
Ms. Angell: That’s fine.
Mr. Quesada: Thank you, Scott. Mr. Cochran: Sure.

THIRD ORDER OF BUSINESS	Approval of the Minutes of the
August 23, 2023 Meeting
Mr. Quesada: So, moving on to item No. 3 which is the approval of the minutes from the August 23, 2023 meeting. Are there any comments from counsel?
Mr. Cochran: No.

Mr. Quesada: Any comments from the Board? Hearing none, a motion to approve the minutes from the August 23, 2023 meeting would be in order.

On MOTION by Ms. Angell seconded by Mr. Brick with all in favor, the Minutes of the August 23, 2023 Meeting were approved.

FOURTH ORDER OF BUSINESS	Consideration of:
Resolution #2024-01 Establishing an Electronic Signature Policy
Mr. Quesada: Going on to item No. 4, consideration of resolution #2024-01 establishing an electronic signature policy. So, should you guys accept this, which we are making every effort to go green, you see the tablets, and not only that it’s more efficient, let’s just say there is an item that requires a signature between meetings that the chairman was authorized to sign, this would be really helpful that we have resolution #2024-01 for your consideration.

On MOTION by Ms. Angell seconded by Mr. Toro with all in favor, Resolution #2024-01 establishing an electronic signature policy was approved.

Resolution #2024-02 Adoption of Records Retention Policy
Mr. Quesada: Moving on to section 4B, resolution #2024-02, it’s the adoption of the records retention policy. So basically, this is just some paperwork for housekeeping, we will be holding the records and that is on page 33. So, you see section 2, the duties of the records management liaison officer shall include the following, serve as the District’s contact with the Florida Department of State, coordinate the District’s records inventory, maintain records retention, coordinate District records management training, etc. If you have any questions let me know but, basically, GMS has a location nearby the District, at the GMS office, and I don’t have it here listed but, it would just be you authorizing the adoption of the records retention policy, with that location and those specifics in section 2.
Mr. Brick:  So, all our hard copy records are going to be kept there?
Mr. Quesada: Yes, for example, all your meeting minutes, once they are approved, they’re sent to our office once they’re in their final form, then they go to that location.

Mr. Cochran: With this resolution also designates the electronic record as being the official record of the District.
Mr. Quesada: Correct, thank you, Scott, moving forward it won’t be a hard copy.
Mr. Cochran: Right, so basically as far as the retention schedule, there’s a schedule attached to the resolution as exhibit A and it has the different amounts of time that’s required to retain different categories of documents, those are pretty much set by Statute or by administrative code regulations, so this resolution just adopts that retention schedule as it appears or may be amended from time to time by the legislature or the administrative agencies but, you won’t have to amend this each time on those changes. The other thing it does is it does mean that the electronic records are the official records, so there’s certain categories of documents that the District is required to keep an official copy of the records but, recently you’re now allowed to maintain certain documents as an electronic copy as the official records and so that’s what this resolution does.
Mr. Quesada: Thank you, Scott. So, are there any questions on that? We do have a printer onsite at that location, so it does fit, and we have everything set up at the office to meet those requirements.
Ms. Angell: That’s good.
Mr. Quesada: Is there a motion to approve resolution #2024-02?

On MOTION by Mr. Toro seconded by Ms. Angell with all in favor, Resolution #2024-02 adoption of records retention policy was approved.

SECOND ORDER OF BUSINESS	Organizational Matters (Cont.)
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: Hi, Marcos, we have you on speakerphone now, so we’re going to jump back to item No. 2 for a second which is organizational matters, and the consideration

of the appointment of Supervisor to the unexpired term of office for seat #4. Does anyone on the Board have any questions for Marcos?
Mr. Brick: Yes, Marcos, to sit on the Board we’re going to need you to be present.
Mr. Gonzalez: Yes, I spoke to the individual that emailed me, and I told them that I wasn’t going to be at the meeting today, and he was aware of that, and I said probably 90% of the time, and I was looking at my schedule that I will be present but, today unfortunately, because I’m working for somebody else, and I work 24 hours, I cannot make this meeting.
Mr. Brick: That’s ok, we were really more concerned about moving forward. Mr. Gonzalez: Ok.
Mr. Quesada: And I did share that information with them Marcos, it’s Ben, I’m the one that was emailing you, so the email and everything was presented in the agenda, and they were considering appointing you to seat #4 but, they just had a question or two and Russ basically asked you the main question which is your availability. We’re not able to have a quorum for these meetings without at least a minimum of three Supervisors in attendance, so with this appointment, they just wanted to ensure we don’t have any quorum issues moving forward I believe.
Mr. Gonzalez: Ok, no issues there.
Mr. Quesada: Ok, and there is one other thing, should you get appointed Marcos, there is an oath of office that I need to administer, or a notary needs to administer, and Mayra and I, we both work on behalf of the District and we are both notaries, so if you can make some time in your schedule, should the Board choose and go that direction, we can meet together briefly in person and even arrange a quick conversation or a phone call with the District counsel to go over a few things with you regarding the Sunshine Laws and whatnot since you will be officially an elected official.
Mr. Gonzalez: Ok.
Mr. Quesada: Ok, are there any other questions? Mr. Gonzalez: No.
Mr. Quesada: Ok.
Mr. Toro: I’m also a notary.
Mr. Quesada: Ok, and we have the paperwork but, I appreciate your comment. Mr. Brick: Marcos, how long have you guys lived here?

Mr. Gonzalez: I’d say, we were on the second phase, I would say at least, to be safe, 6 to 7 years.
Mr. Brick: Ok, and do you guys have anything else you want to know about Marcos? Ms. Angell:	No, I think that’s a nice amount of time that you’ve lived in our neighborhood because you have seen what’s happened and you’ve seen what the CDD
has done.
Mr. Gonzalez: Right. Mr. Brick: Alright.
Mr. Gonzalez: Yes, I’ve seen the changes and everything that’s developed pretty much since I’ve been here for the most part.
Mr. Brick: Ok.
Mr. Quesada: Do we have a motion on the table?
Ms. Angell: I’m going to make a motion that we take a vote to see who we would like to appoint to the CDD Board.
Mr. Quesada: Do they have to name who they want in the motion?
Mr. Cochran: Yes, you can just have them make a motion to nominate Marcos Gonzalez to seat #4.
Ms. Angell: I’ll make a motion for Marcos Gonzalez to fill the unexpired term of seat #4 for the CDD position.

On MOTION by Ms. Angell seconded by Mr. Toro with all in favor, appointing Marcos Gonzalez to fill the unexpired term of office for seat #4 was approved.

Mr. Quesada: Alright, congratulations Marcos, so we’ll be reaching out to you, and Russ if you don’t mind sharing his contact information and phone number.
Mr. Brick: Sure.
Mr. Quesada: So, Marcos, I’ll be reaching out to you, and we’ll be coordinating a time to administer the oath.
Mr. Gonzalez: Ok, thank you.

Mr. Quesada: I will also coordinate with District counsel once we have your availability, and we’ll share your contact information with him and once that’s done, he can give you a quick crash course on the Sunshine Laws.
Mr. Gonzalez: Ok, thank you so much.
Mr. Quesada: I appreciate it, thank you, congratulations. Mr. Gonzalez: Alright, thank you.
Mr. Quesada: So, now that’s been done we’ll resume items B and C and the next meeting.
Ms. Angell: I believe she has something to say first. Mr. Quesada: Sure.
Ms. Barrera: I am so sorry I’m late but I didn’t want to not show up because I promised myself that I was going to come, my name is Ms. Venus Barrera.
Mr. Quesada: Ok.
Ms. Barrera: So, I’m assuming you guys chose Marcos, and I don’t know if there’s another opening but, I still wanted to show my face and see you guys.
Mr. Quesada: Thank you, Venus, and yes, they did, at the top of the agenda we actually tabled it for a bit but, they just voted.
Ms. Barrera: Yes, and I wanted to call in before I got here but, I had an emergency on the way to school but, I wanted to show up anyway.
Mr. Quesada: Ok.
Ms. Angell: And we’re glad that you did, we did say that we read your bio and Marcos’ bio also, and we saw that he has lived in the neighborhood a bit longer and has seen what’s happened in our neighborhood and how the CDD has learned things and grown through the years. We did see that you lived in the neighborhood for a couple of years but, we’re happy that you put in for it, and at other times there could be seats that open up and you can put in again, and if you have any questions or whatever for us, we’re glad to answer anything.
Ms. Barrera: Not at this point, I just wanted to get maybe some feedback on what the ideal Board member does, or the community person of what you guys do. (inaudible comment)
Mr. Quesada: I mean that’s for them to decide. Ms. Barrera: Ok. (inaudible comment)

Ms. Angell: Well, we all want the best for the community. Most of us that have lived here around the same time, 6 to 7 years or more, so we’ve seen what the HOA has done, and we see the things that the CDD has to do for their rules and regulations, and what we take care of in the neighborhood. One of our biggest things is taking care of the pool.
Ms. Barrera: Yes, definitely.
Ms. Angell: And so, we try to help people with whatever questions they have, I mean if somebody can’t get into the pool or whatever, or they have problems, I know I’ve seen it on our Facebook page, I recently went right there and opened the gate for them because they got a brand new phone so they didn’t know they should get things changed. Today, I was just driving by, and the pool inspector was hanging out by the door because he couldn’t get in, so I stopped and helped him. I do go around and visit the pool a lot of times on weekends, I introduce myself to people and I ask them if they have any questions about the neighborhood that maybe I could help with, especially when it comes to like around Christmas time. I ask them all if they like the Christmas lights that our community has paid for and put up. I ask them for any suggestions that they want, we have common areas, so I ask them if they’re happy with the common areas, are there any problems with the common areas, etc.
Mr. Quesada: Well, Cheryll usually goes above and beyond.
Ms. Angell: Yes, I’m retired so I do go around on my walks, and I walk the neighborhood usually every day, so a lot of people see me.
Ms. Barrera: That’s great.
Ms. Angell: And when I pick up my mail, I see new people and I just ask them if they’re happy with our neighborhood, is there something I can help them with, so I think that’s part of the CDD is just talking to everybody in the neighborhood, let them know who we are.
Ms. Barrera: I think we should get some speed bumps put in there, doesn’t that have to do with the city? (inaudible comment)
Mr. Brick: It’s nothing to do with the city.
Mr. Quesada: Those are county roads, so it would be the county, they would have to do their protocol, usually it’s a traffic study, that’s the answer we typically get when it’s a county road.

Ms. Barrera: Ok. (inaudible comment) So, it’s nice being here, I just moved in 2021. (inaudible comment) So, that’s something I will be keeping an eye on and anything you guys need, just let me know.
Mr. Brick: Well, that’s an HOA issue.
Ms. Barrera: Ok, and I say the HOA and the CDD go hand in hand, if we don’t work together, we’re not ever going to come to a resolution, obviously there’s only so much we can do.
Mr. Quesada: Correct, and what he was just trying to say is that one of our responsibilities in this community is obviously we have like a bunch of easement tracts there, so like in the center median when you first come in, that entrance, the pool area, which is also a retention pond, and it’s very boring because we’re like a unit of local government, and even though it’s the county drainage system, we have some role in that process, and there’s landscaping responsibilities, it’s pretty much all we do there as far as that goes, we don’t have enforcement powers to be able to do those other types of things, so I think that’s what Russ wanted to clarify.
Ms. Barrera: Ok.
Mr. Brick: All we really do is maintain the existing infrastructure and we facilitate the repayment of the bond that was used to build the development.
Mr. Quesada: Correct.
Mr. Brick: Any opportunities that we have for improvement we always take them into consideration but, it’s a budgetary consideration.
Ms. Barrera: Of course.
Mr. Brick: Just recently, you’re going to see in your taxes this year, we had to assess this year for some things that needed to be done but, that money is only for the things that are in the pipeline right now. There are other things that other people have suggested that if we make those expenditures, we would have to assess for them, and we really don’t want to do that in all reality. It seems that every time someone proposes something, there’s always a lot of feedback or there’s always a lot of flack, and it’s really counterproductive.
Ms. Barrera: Is that something that’s always voted upon, anytime there’s an assessment?
Mr. Brick: Well, it’s done here, it has nothing to do with the residents.

Mr. Quesada: So, when we do the meetings, and you can use the website, and we do advertise the meetings, and I’d be happy to give you that information if you want to be able to monitor that but, we always do a proposed budget meeting, usually in the middle of spring, middle to late spring, and we do a budget adoption meeting. So, in the proposed budget meeting and prior to that, probably in a workshop or two, which I think this year you guys had two workshops before even adopting a proposed budget, and we discussed what items, or the reason for an increase, meaning our carryforward was diminishing because there were additional maintenance items that we didn’t have budgeted to be able to trim trees and certain things like that. Every year before hurricane season we have a program now where we’re trimming all the hundreds of palm trees in the community, so that’s getting done at least once a year. As facilities age like your pool structure and your entrance structures and the equipment for the fountain and the pool, we have to start also having enough carryforward money to be able to fix those items. So, those are the type of things where initially going back to the history that they were talking about, things weren’t really budgeted for, and it’s a long story, we can talk about that offline but, we started to catch up on that and now we’re having line items for all those things, and the idea is hopefully we get this just right so we’re not having to come back and continually ask for an increase to have the carryforward we need to fund ourselves, and we collect through the Non Ad Valorem Tax Assessments, and so that usually happens right around this time of year between now and January we start to receive the funds but, the carryforward is very important because we need to basically have the money upfront to be able to pay those first three months of the fiscal year which starts October 1st. So, things like that and the way we operate, and balancing the budget, and also we say sometimes when we do that at our proposed meetings, the public is invited and we do have more participation generally at those times, and typically should an increase be recommended or necessary, that’s when we tend to have a lot of back and forth and we’re just very cash careful, and we post it and we’re very transparent, and we do the best we can to try to explain things to the community as best we can.
Ms. Barrera:	Ok, thank you. (inaudible comment) And thanks for holding these meetings, and letting me hear about the community, and why do they happen to be here?
Mr. Quesada: Since we don’t have an onsite common location, this District was kind enough to allow us to use this clubhouse and hold the meetings here, and you can

participate virtually too, we have all the information there, and most of the Board has been appointed, and every 2 years there’s an election, and typically it’s in June you need to qualify when there’s a seat up for election, so that’s the way to fill a seat or if there is a vacancy on the Board which just happened recently somebody resigned, they are authorized to make an appointment. So, I’ll give you my business card and we can always chat about any other questions you have, and I’ll be happy to help you.
Ms. Barrera: Ok, thank you.

FOURTH ORDER OF BUSINESS Consideration of: (Cont.)
C. Engagement Letter with Grau & Associates to perform the Audit for Fiscal Year Ending September 30, 2023
Mr. Quesada: So, moving back to item 4C on the agenda, the engagement letter with Grau & Associates to perform the audit for fiscal year ending September 30, 2023. Previously, the audit selection committee, which is this Board, already authorized the criteria and the pricing for the audit fits within our already approved budget. So, just a motion to commence the engagement letter for the audit for this past fiscal year would be in order.
Mr. Toro: So, that’s the same company as last year, correct?
Mr. Quesada: Correct, and don’t quote me but, I think every 3, 4, or 5 years, somewhere in that range, is the maximum you’re allowed to do, we have an audit selection committee meeting and you’ll get presented with some options and whoever responds to the RFPs, and then you guys select criteria, and they usually give us what’s more cost- effective the pricing in advance so we’ll have what each year’s audit is going to cost, so we anticipate that when we do the budgets but, any time you want to have another audit selection committee meeting you have that option, it’s just something that this Board has already preselected.
Mr. Toro: Ok, so I make a motion to approve.

On MOTION by Mr. Toro seconded by Ms. Angell with all in favor, accepting the engagement letter with Grau & Associates to perform the audit for Fiscal Year ending September 30, 2023 was approved.

FIFTH ORDER OF BUSINESS	Discussion	of	Emails	and
Subdivision Drainage Inspection by Miami-Dade County
Mr. Quesada: Moving on to the discussion of emails and subdivision drainage inspection by Miami-Dade County and let me just pull that up on the agenda, it’s section 5, and that’s on page 42 in case you’re going by page number. So, we didn’t have a chance to discuss this but, they did get a response from the engineer. Last time we left off, the county was going to come and inspect, and we provided the inspection report from RaptorVac to the county. Then the engineer got involved just to reach out to specific people within the county as opposed to going through the 311 route, and their response was dated on August 28, 2023 which states, I am forwarding the email received from Miami-Dade Couty describing the result of their inspection of the drainage system. As you may see in the email below and the pictures they sent, they only clean the structures when the accumulated debris begins to enter the pipe. This indicates that the County maintains the systems in a reactive manner, instead of a preventive manner, and react when there is an actual flooding complaint. Based on this, I think that if the CDD would like to do preventive maintenance, it would have to do it itself. So, essentially, we sent this report and basically, unless there’s flooding or puddling, or the silt has already entered the line which again, just speaking to the engineer it’s up to the Board to decide what the standard is, so he’s giving you his professional recommendation there, as far as do you want to be proactive or reactive when it comes to the drainage system. It is something that the county is accepting responsibility for as far as having it cleaned but, it’s up to the Board to decide which standard they want to follow.
Mr. Brick: I would prefer not to wait until there is a problem.
Ms. Angell: I would prefer not to wait either because if we wait too late and there’s a problem.
Mr. Toro: I agree.
Mr. Quesada: Ok, and there’s a long report from the county, give me one second, I mean you see plenty of helpful photos in there as well.
Ms. Angell: Right.
Mr. Quesada: So, right now we’re in the slow season where it’s not raining as much, I believe the last price was, and there were three options there that RaptorVac provided. I’ll print it out for you real quick and then I’ll bring it back to you and we’ll revisit that item if you

guys are ready to consider it. Right now, it’s not the middle of the rainy season so you’ll feel no pressure but, if you want to go ahead and authorize RaptorVac to come in and be more preventative in the manner based on the Board’s discretion, we just need to approve a not to exceed amount and we can go ahead and get that started. We can authorize District counsel to do a small project agreement with the contractor, and we would see what their earliest availability would be to come out and clean out those areas. There were three options if I recall, it was to do the drains that were above 6”, to do the ones that were throughout the entire community, and a price for the ones that were below 6”, and I think the pricing is different because of the amount of silt in each line. I remember the total cost being in the $11,000 range to do everything but again, it’s for the Board to decide, what I can tell you is what we do in a lot of other Districts when we do it in this way, where it’s inspected prior to, is take a look at the silt levels and based on that criteria is how much they typically do because every year, no matter what, he’ll come out and do an inspection at no charge just to look and see what the condition is, that way at least you know it’s a recurring inspection, and as needed, and anything that’s above a certain level that’s getting close to the pipes is when the Board would typically use that criteria to make a decision.
Ms. Angell: But do you have any idea, is there a community that you know of that’s kind of like small like ours, of how often they really need the pipes cleaned?
Mr. Quesada: So, the same thing, if you do the county study, they were saying they inspect every year but, they don’t necessarily clean them every year, so I think that’s good practice. Typically, all Districts that we manage, that’s typically what we do, every year we get everything inspected, and then based on the expert’s opinion of what the measurements are, it depends on how deep the line is. So, in this case, you do have some, as I recall in the engineer's report, where the silt is there.
Mr. Brick: It’s already in the pipe, in the pictures.
Mr. Quesada: Right, and again the county is saying it’s not but, it’s right at the lip of the pipe.
Mr. Brick: So, is there any feeling for what the county describes as in the pipe, and how much? I mean, there’s 55 drain pipes, do 50 of them need to be included before they do something, half of them, or what’s the deal, like water in one pipe, are they going to come out and clean?

Mr. Quesada: Again, your community is unique in that most of the Districts that we have there’s some obligation of the District with the storm drain system, some have half and half, so what we typically do in other Districts is the same thing, we inspect everything and based on the criteria of the Board, they make a selection. So, here, I updated this, but you have the option of 52 catch basins that were 6” and up of silt, that was $6,820, you had 5” and down which was 45 catch basins, and that was $4,950, and to do everything it would be $11,770. I did check with our accountant prior to us even considering this previously, and there are funds in the District to be able to do something this year, it’s again, up to you to decide and staff’s recommendation would be at least, if you want to go that route, on the areas that are above 6”.
Ms. Angell: So, this will really be the first time that the drains have ever been cleaned, if we decide to get them cleaned, they’ve never been cleaned before.
Mr. Quesada: Per the engineer, it’s been over 5 years since the last time.
Ms. Angell: Which is a good amount of time when you think of it, if we decide to do

all.

Mr. Brick: Who cleaned them last time?
Mr. Quesada: Let me get back to you because I know that you guys had just hired

the engineer around the time he did the inspection so, I would have to do a little research and get back to you on that answer.
Mr. Brick: Ok.
Mr. Cochran: Did Juan, the District engineer, did he have an opinion as to whether to go with above 6” or do the whole thing?
Mr. Quesada: I mean again, he just says, standard-wise it’s up to the Board typically in those situations but, his concern, and again it’s not in the proposal but, it was anything above 8” that you can see here, and there’s some areas that we had as much as 12” or 18” in some sections, 16” in some areas, and that is way above where it should be and that’s what causes issues, anything about 8” was his concern.
Ms. Angell: Right, and we do have a lot that are 6” so it’s getting up there.
Mr. Quesada: Correct, and again, no decision needs to be made at this moment, I just promised you all that the engineer would reach out to the county and continue to push, and again, they are accepting the responsibility as far as the maintenance of the drainage system. It is a public utility, and you do have the right to use the District funds if the county

is not doing it up to the standard you guys would want it to be done at, and again, there’s some areas where there’s always a concern coming from both the contractor and the engineer.
Mr. Brick: If you look at this map you can follow the development track, I mean everything was built over here first and then here, and then in the back there’s nothing. So, when they finished the back of the development 5 years ago, give or take, you can see how much it accumulated, there’s one there that’s over 6”, or a couple of them but, most of it is all where we live.
Ms. Angell: And that part has been there longer, so I don’t really know if it’s been cleaned before, to be honest. I’ve lived here 7 years, and I haven’t heard them talking anything about cleaning them.
Mr. Quesada: Paul is aware of the history there a little better than I am, but I do recall when you guys first contracted Alvarez Engineering, it was one of the first priority items and there was some back and forth still with the developer and whatnot, and I do recall them coming back and making some corrections and some repairs or whatnot to the point where at least, as of 5 years ago things were in much better shape than they are right now, and then it was within that 5-year timeline that the county was supposed to assume this responsibility which we met that criteria now and I know the county acknowledging that, however, they’re stating that it hasn’t gotten to the point that they would actually clean them yet but, they did, as you see you had two inspections of the drainage system, so three different opinions, the engineer, and the county, and the contractor, at least they’re giving you their measurements as well.
Mr. Brick: I’d really like to know what the county’s criteria is, I mean is it 50% of the drains in the pipe, 25%?
Mr. Quesada: Per their email, they’re saying it needs to be in the pipe or it needs to be a flooding complaint.
Mr. Brick: So, the entire development needs to be underwater before they come to do anything?
Mr. Quesada: I’m just telling you basically what I see in the email, we can always go back and forth with them on that.
Ms. Angell: Well, you also have to realize that we did have all those heavy rains, our development has done very good with drainage so far, you have to think of it that way, I

think. So far, we’ve been very good with all the rain drainage, when you see all the different parts that they say are at flooding, we haven’t had flooding, so that’s good on our part so far, I look at it that way.
Mr. Quesada: Well, the only thing that we’re bringing to your attention is that you do have a lot of french drain styles in the community, so when these particular things go unaddressed for too long, it’s much more costly in the future.
Ms. Angell: Well, that’s what I was going to ask, what is the best time to do this?
Mr. Quesada: Well, actually in the drier months the water table is lower, especially with french drains, that is the opportune time for them to come and do the cleaning.
Mr. Brick: So, why don’t we table this for a month or so, until the rainy season is
over?
Mr. Quesada: Ok, it’s at your discretion. Mr. Brick: What do you think?
Ms. Angell: When is the rainy season over, is it over now? Mr. Brick: It’s November, when the hurricane season is over. Mr. Quesada: Yes, November or December.
Ms. Angell: So, maybe we can say in January we should relook at this because the
prices are going to go up, and we don’t want to see continuously prices going u,p that’s the thing also.
Mr. Brick: Sure.
Mr. Quesada: It also depends on what they’re charging them at the water treatment center, that all factors into the pricing. The good news is, with you guys, you’re so close to the water treatment center because I know it’s not too far from the marina, that’s why you’re actually getting a great price. There’s some other Districts, they’re a little further away and the trip charges are more expensive.
Mr. Brick: Can you find out how long his price is good for because it’s dated June
8th?
Mr. Toro: I was about to ask that.
Mr. Quesada: Sure, and we do work with this contractor in a lot of Districts now
because nobody can beat his pricing, and so I’m pretty sure but, I will talk to him as long as prices haven’t gone too high on the fuel and all that, I’m sure we can stay close to that number.

Ms. Angell: Well, hopefully in January, I say that we should really relook at it again, and then make a decision of yes or no.
Mr. Quesada: Ok, so we’ll table it for now, thank you.

SIXTH ORDER OF BUSINESS	Staff Reports
Mr. Quesada: Moving to staff reports, attorney.

Attorney
Mr. Cochran: Yes, good afternoon, everyone. I actually don’t have anything specific to report for you all today, unless you have any questions, I’d be happy to answer them. Actually, I will say this, one of the attorneys from our office did as a form of service watch one of the required ethics training modules that you guys are required to do, and she said it wasn’t too bad. I think the one she did was online, it’s free, and it was broken up into like two 2-hour sessions, so we’re continuing to do some research as to the potential offerings for that requirement next year, and there’s no sense doing it this year because you don’t have to do it until 2024.
Mr. Brick: Ok.
Ms. Angell: Ok, thank you. Mr. Quesada: Thank you.

Engineer
Mr. Quesada: We’ve already covered engineering in the previous section.

Field/Property Manager - Monthly Report
Mr. Quesada: Moving on to field manager, Mayra.
Ms. Padilla: So, for the field, we don’t have much going on. I know you guys noticed that the pool area was pressured cleaned, and I think they did a good job.
Ms. Angell: Yes, they did a very good job, it looks nice.
Ms. Padilla: Yes, and also your Christmas lights started to go up. Mr. Quesada: All that’s missing is the ornaments.
Ms. Padilla: Right, the ornaments are missing but, the lights already started going up. Also, we are looking into some options to going with AT&T, we do have Comcast right

now. Right now, Comcast is $195 and AT&T will be a little bit more but the service you guys will be getting will be a better service and it will be fiber.
Mr. Brick: That’s our internet over there, $195? Ms. Padilla: Yes.
Mr. Quesada: Yes, so right now you guys are getting it at a snail’s crawl and not only that, if you recall like 2 months ago, we had an issue with Comcast and we were able to get that resolved before the weekend but, the issue there was they changed the IP on us. Well, we ordered it, and it’s in our account, we tripled checked that you have a static IP, you need a static IP always when you have a security system because the ones you use at home on your computer, it’s like a phone number, it just changes occasionally, it’s not a big deal because you’re still able to access the internet, however, when you have a program for access control or cameras, it needs to be locked onto that address at all times, if not, we could lose connectivity.  So, now it just happened a second time, and thankfully I was able to locate that IP address that’s pinging, but we’re just going back and forth with Comcast and it’s just not very productive. So, we did this in some other Districts as well, AT&T offers what’s called symmetrical upload and download speed which Comcast does not offer, so it’s not full fiber but, it’s a form of fiber and we can get you guys there which would drastically increase the speed and connectivity that you guys currently have with Comcast for about $5.00 more, so I think it’s a good proactive move on our end to try to keep these types of IP address issues from reoccurring plus, it should make things even more streamlined for anybody that’s trying to connect to the system.
Mr. Brick: It’s only been like 3 ½ or 4 years since I turned that on, it was $100, and now it’s $195?
Mr. Quesada: Yes, and again, it’s the symmetrical thing is what sells me on AT&T because we’re talking about $5.00 but, when you have security cameras it’s going to be amazing, the speed and it accesses things remotely as well. I just wanted to run that by you, I think we can squeeze that one in the budget, so we wanted to run that by you. Regarding the palm trees, you have 37 queen palms in all the easements throughout the community, and look at something I know that somebody we recently spoke to has brought to our attention. I just want to make clear to everybody, this is where the programs meet, recently in the last few years, we’re doing pre-hurricane season tree trimming, meaning prior to hurricane season, the contractor is coming in, and it’s usually a joint effort between

your current landscaper who can do anything that’s 12’ and below, and a larger company comes in with a bucket truck and does all the royals and bismarck palms that you see along the center median there. So, anything about 12’, this contractor comes in with a bucket truck and takes care of it, and you have Nicoya Landscaping coming and handling anything that’s below 12’. So, that gets done once a year, typically mid to late spring, right before the hurricane season, and recently a resident has reached out several times at 253rd Street that there are some CDD tracts there, and the easiest way to identify it is where the doggie stations are along the sidewalk, and these queen palms have these little fruits that grow and trust me nobody likes them, I have a neighbor that has those and they’re a nuisance at times but, they fall typically within these green spaces, they don’t usually make their way to the parking areas so kids come by and pick them up and start using them as projectiles. The way we’ve been handling that as of now is Nicoya, when they come and do the cuts and the services which is typically about twice a month, they will come in, and they will rake up whatever is on the ground when they come and do the service but, those two weeks in between there’s nobody collecting these fruits, and so it was brought to our attention, somebody reached out and asked if we could have them removed from the trees. I explained to them that it’s already being done once a year prior to hurricane season, and if the Board were inclined to want to do it a second time. I did reach out to Nicoya Landscaping and asked them what it would cost to trim and remove that palm frond and remove all the fruit seed pods from all the 37 palms and it’s $40 a piece, that comes out to, with waste charges, $1,730. So, I promised I would share that information with you, it’s for your consideration, I just wanted to explain to you what the general practice is of what we’ve been doing so far versus a request from one member of the community.
Ms. Angell: Well, I walked that area to see what it was like, and all that fruit really seemed to be under the trees, not really on the sidewalk or anything so you could walk yourself or walk your dog on the sidewalk. I heard that they smell but, I couldn’t really smell anything, I didn’t see a lot of bugs or flies at the time, and I know that Nicoya will rake it up when he cuts the lawn. For $1,700 another cutting, right now I think that’s expensive for us but, that’s just my opinion.
Mr. Brick: Right, and as long as they’ll rake them up every 2 weeks when he’s over there, that’s fine.

Mr. Quesada: And if there’s ever an oversight or anything like that, we are visiting the community at least once every two weeks, but we’re typically there once a week, and we are keeping an eye on that and speaking with the owner of Nicoya and asking him to please keep an eye on it and raking and he’s even sending us pictures when it’s being done. So, I can assure you that’s being done, it’s just that you do have a gap between services at times and so that’s where I just want to make the expectations clear if that’s the route you choose to go.
Ms. Angell: I think we should look at that price at another time, I don’t think it should be right now, like I said, we do have a couple of places, and that’s a lot of trees to try to be cutting all that fruit off of and a big expense for us but, it happens to be the dog walking area, and unfortunately those trees were planted but, I think because of great raking when they do it, they’re totally gone.
Ms. Padilla: We also have janitorial staff that goes, so maybe we can talk to them and when they see it, they can pick them up, it’s just sometimes when we visit the community we don’t see anything but, then there’s been times where we say, hey it’s bad.
Ms. Angell: Right, but I think Nicoya’s has been very good when we’ve asked him to rake it up.
Ms. Padilla: Yes.
Mr. Quesada: And we’re very happy to know that, and I especially noticed a lot of those green buttonwood trees even though it’s not the District’s responsibility, we did as a courtesy reach out to 311 about some of those getting a little too close to the county roadways, and somebody came out and cut them back, whether they reached out to the homeowners or the county was nice enough to come and do it, I can tell you that at least some progress was made on that, so that was from our last report, and we’re happy to see that, so progress was made there as well.
Ms. Angell: I just wanted to add something to the field report, I just want to say thank you to the maintenance man for the job that he does, I think he does an excellent job, and I did put on Facebook last week because we’ve had a total of 6 shopping carts in our neighborhood. So, I did reach out to the HOA and put a complaint in on how we’re going to get rid of them, and nothing has really been said about how they were going to, so then I reached out to you and our maintenance man for the CDD came and got rid of the carts. So, I did take a couple of pictures, and put them on Facebook and said that I

understand that people may have to bring their groceries home with the carts but, then it’s really their responsibility to bring it back to the store because I personally don’t feel that it’s really the responsibility of the CDD to be picking up these shopping carts but, then on the other hand I don’t want our neighborhood to get run down with shopping carts laying around, and I don’t know the people who are bringing them, I just see them laying around. Mr. Quesada: Through the property management company, I know you’re able to maybe, and I’m just asking maybe you can individually as residents of the community reach out to the HOA and we’d be happy to as well, and just ask that maybe they put out a mass
communication to the community.
Ms. Angell: I did ask him once, that’s why I waited because I thought he was going to send an email out but, he didn’t, that’s why I took the pictures and put something on Facebook to try to help but, then again, you don’t know who brought them in. I know if they’re reading the Facebook page, they will see that, so it would be a good idea again to talk with the HOA to see if they could put something out.
Mr. Quesada: Ok, we’ll try our best because obviously there’s a budget to match because that does come with additional trips, charges to remove them from the community so we’re trying to be creative. I know there’s a county ordinance also as far as whoever owns the shopping carts, once they’ve been notified to have to come and pick them up, so I’ll do a little bit more research on that, it’s just going to be one of those things where hopefully again, we need a little coordination on all sides to see if we can make that happen.
Ms. Angell: Thank you.

CDD Manager – Insurance Policy Renewal and Appraisal with Egis Insurance & Risk Advisors
Mr. Quesada: Moving on to CDD manager, insurance policy renewal, and appraisal with Egis Insurance & Risk Advisors. Obviously, this is just informing the Board that the renewal on your insurance which all this started October 1st to October 1st of next year, and everything was within budget, and you have a copy of the policy there. I do believe any action from the Board is required on that, it’s just for informational purposes.
Mr. Brick: We don’t carry D&O insurance do we?
Mr. Cochran: Well, this is the liability policy but, I believe you do have that but, that would be a question for the District manager.

Mr. Winkeljohn: Yes, you do. Mr. Brick: Ok.
Mr. Winkeljohn: It includes directors, officers, and errors policy. Mr. Brick: Thanks Paul.

SEVENTH ORDER OF BUSINESS	Financial Reports
Approval of Check Run Summary
Acceptance of Unaudited financials
Mr. Quesada: If there are no other questions we can move on to financial reports, approval of the check run summary, and acceptance of the unaudited financials.
Mr. Winkeljohn: Ben? Mr. Quesada: Yes.
Mr. Winkeljohn: I did have one item that’s management or financials, just to let everybody know that we did receive our waiver for taxes on the cabana pool facility.
Mr. Quesada: Thank you, Paul. Ms. Angell: Thank you.
Mr. Brick: Are we going to get any money back? Mr. Winkeljohn: No.
Mr. Brick: Ok.
Mr. Quesada: Thanks for sharing the good news though, and I just thought of something additional. Our office went through and took a little extra measure just to make that a little clearer to the county so that there’s no issues moving forward, so thank you for that Paul.
Mr. Brick: We appreciate Paul, thank you.
Mr. Quesada: Moving back to financial reports, we have approval of the check run summary and acceptance of the unaudited financials, meaning these are just the raw financials that give you between meetings. Obviously, you have what you just authorized now, and the annual audit takes care of the rest.
Mr. Brick: Ok.
Mr. Quesada: Are there any questions, if not, a motion to approve the financials would be in order.

On MOTION by Ms. Angell seconded by Mr. Toro with all in favor, the check register and the acceptance of the unaudited financials were approved.

EIGHTH ORDER OF BUSINESS	Supervisors	Requests	and
Audience Comments
Mr. Quesada: Are there any Supervisor’s requests or audience comments? I don’t see anybody else in the audience for any comments. Are there any other comments or questions from the Board?

NINTH ORDER OF BUSINESS	Adjournment
Mr. Quesada: Not hearing any, a motion to adjourn is in order.

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

Secretary /Assistant Secretary	Chairman / Vice Chairman