MINUTES OF MEETING SOUTH KENDALL
COMMUNITY DEVELOPMENT DISTRICT
A special meeting of the Board of Supervisors of the South Kendall Community Development District was held on December 20, 2021 at 11:30 a.m. at Tuscany Village Clubhouse, 12801 SW 133rd Terrace, Miami, Florida.

Present and constituting a quorum were:
Sergio Valdes	Vice Chairman
Betty Fayad	Assistant Secretary
Ernesto Frye	Assistant Secretary

Also present were:
Luis Hernandez	District Manager
Ginger Wald	District Counsel
Yamilet Milian	Club Manager
Laura Montanez	Resident
Hector Sanchez	Resident
Lisy Blanco	Resident (by phone)
Alessandra Carrillo	Resident (by phone)
Derrick Montanez	Resident (by phone)

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

SECOND ORDER OF BUSINESS	Organizational Matters
Consideration of Appointment of Supervisor to Unexpired Term of Office for Seat #3
Oath of Office for Newly Appointed Supervisor
Election of Officers
Mr. Luis Hernandez: Item #2 is Organizational Matters. Just reminding the Board that there is a vacant seat, which is Seat #3. Does the Board have anyone to appoint? Hearing none, we will be tabling these items until the next meeting.

THIRD ORDER OF BUSINESS	Approval	of	Minutes	of	the
September 24, 2021 Meeting
Mr. Luis Hernandez: Moving on, the next item that we have in the agenda package is Approval of Minutes of the September 24, 2021 Meeting.   This would be the time   to

make any changes, corrections, additions, or deletions. If there are none, then a motion to approve the minutes would be in order at this time.

On MOTION by Mr. Valdes seconded by Ms. Fayad with all in favor the Minutes of the September 24, 2021 Meeting were approved as-presented.

FOURTH ORDER OF BUSINESS	Consideration	of	Resolution
#2022-01	Amending	the	Fiscal Year 2021 General Fund Budget
Mr. Luis Hernandez: Moving forward, next we have Item #4, which is Consideration of Resolution #2022-01 Amending the Fiscal Year 2021 General Fund Budget. Ginger, before I present it, was the explanation I sent you enough?  While she  is looking at that email, the purpose of this resolution is as it has been done in the past, to amend the District’s budget so that the District will be able to recognize those excess expenditures it has incurred and it shows the carry-forward and any savings the District has allocated, and therefore even though there are excess expenditures, it does not affect the overall conditions of the District. Not hearing any comments from Ginger, I will be asking the Board for a motion to consider Resolution #2022-01 Amending the Fiscal Year 2021 General Fund Budget as described in the exhibit.

On MOTION by Mr. Frye seconded by Ms. Fayad with all in favor Resolution #2022-01 Amending the Fiscal Year 2021 General Fund Budget was approved.

A resident:  What were the excess funds for?  Was that communicated?
Mr. Luis Hernandez: If you look in the agenda package that was emailed, it shows what those expenses are. Everything is listed. All of the expenditures are listed and any excess funds are used for carry-forward.
A resident:  Okay, I will look at that.

FIFTH ORDER OF BUSINESS	Public Hearing to Adopt the Rules
Motion to Open the Public Hearing
Mr. Luis Hernandez: The next item is the Public Hearing to Adopt the Rules. The first action I will need from the Board is a motion to open the public hearing.

On MOTION by Mr. Valdes seconded by Ms. Fayad with all in favor the public hearing was opened.

Public Comment and Discussion
Adoption of the Rules and Consideration of Resolution #2022-02
Mr. Luis Hernandez: Are there any public comments with regards to the rules for this facility? Hearing none, Ginger, anything you need to present as to what has been discussed with the rules?
Ms. Wald: There are some issues I noticed as I was reviewing this. I think you have revised the agenda to now include Resolution #2022-02. Does everybody have a copy of that?
Mr. Luis Hernandez: Yes.
Ms. Wald: Okay. That is the resolution that will formally adopt the rules. I want to direct your attention to a typographical error on page #2 under 1.7 under Guests it says sixteen and then in paratheses the number 18, so that is just a scrivener’s error that needs to be changed to say the word eighteen. There is another scrivener’s error when you go under the Club Dues, Fees, and Fee Schedule. I think it should be just Club Dues and Fee Schedule.  I will leave the rest of the discussion up to the Board.
Mr. Valdes: I don’t have anything. We have been through it already several times.
Mr. Luis Hernandez: Not hearing any comments from the Board, District Counsel has prepared Resolution #2022-02, which I have passed out copies of. This resolution will adopt the rules with the indicated changes. Based on what has been discussed, the recommendation from staff is to approve Resolution #2022-02 Adopting Amended South Kendall Community Development District Tuscany Village Club Rules and Regulations for the Use of the District Clubhouse and Amenities.

On MOTION by Mr. Frye seconded by Mr. Valdes with all in favor Resolution #2022-02 Adopting Amended South Kendall Community Development District Tuscany Village Club Rules and Regulations for the Used of the District Clubhouse and Amenities was approved.

Motion to Close the Public Hearing
Mr. Luis Hernandez: And lastly, I will just need a motion to close the public hearing.

On MOTION by Mr. Valdes seconded by Mr. Frye with all in favor the public hearing was closed.

SIXTH ORDER OF BUSINESS	Consideration	of	Engagement
Letter with Grau & Associates to perform the Audit for Fiscal Year Ending September 30, 2021
Mr. Luis Hernandez: The next item that we have is Item #6, Consideration of Engagement Letter with Grau & Associates to perform the Audit for Fiscal Year Ending September 30, 2021. This is the same auditor that was approved by the Board and Audit Selection Committee. The amount in the letter is also the amount that was approved, so for those reasons, the recommendation from staff is to approve the engagement letter with Grau & Associates so that the appropriate District officials can execute it.

On MOTION by Mr. Frye seconded by Mr. Valdes with all in favor the engagement letter with Grau & Associates to perform the audit for fiscal year ending September 30, 2021 was approved.

SEVENTH ORDER OF BUSINESS	Consideration	of	Monthly
Maintenance	Increase	from McGrath Property Services
Mr. Luis Hernandez: The next item is from McGrath, who is asking for a revision to the contract. They are asking for an increase. They are asking for an increase to the amount of $1,980.00 effective January 1st.  That comes to be around a 6% increase.
Mr. Valdes: it is a little higher because the pool conditions have deteriorated and the chemicals have gone up quite a bit. They do an excellent job. They come three times a week and they do a pretty good job as far as making sure that the levels are okay. They make sure the chlorine levels are down in the winter when it is not needed as much, and they are very good about adding more during the summer when there are more people. They do keep an eye on everything and they have suggested that we need to do the pool resurfacing. We can get an estimate from them and from somebody else to compare. Obviously, we would prefer to use the same company because you don’t want to give the job to someone else.  They do work with us, so we can see if we can negotiate it a  little

bit better, especially if we do both pools at the same time. They did imply that we would have to close the pools for around two months to do that. Maybe we can get the proposals in January so that we might be able to do the work between January and February and then by March we would be up and running again. They had previously given a proposal, but it is almost two years old. We had decided not to do it at the time. We need to get two different proposals. One would be for resurfacing, the other would be for changing the coping and stonework because that needs to be redone, too. So, we would need to approve the increase, which is the $300 a month for both pools.
Mr. Luis Hernandez: Ginger, would you recommend to have an amendment to the existing pool contract?
Ms. Wald: Yes, the motion would be to approve the first amendment to the service agreement for pool and fountain maintenance with McGrath Property Services for an increase to a total amount of $1,980.00.

On MOTION by Mr. Frye seconded by Mr. Valdes with all in favor the first amendment to the service agreement for pool and fountain maintenance with McGrath Property Services for an increase to a total amount of $1,980.00 was approved.

EIGHTH ORDER OF BUSINESS	Staff Reports
Attorney
Mr. Luis Hernandez: Moving forward to Staff Reports. Ginger? Ms. Wald: Nothing.

Engineer
Mr. Luis Hernandez:  There is nothing to present from the District’s engineer.

Club
Mr. Luis Hernandez: As for the club? Ms. Milian: Nothing.
Mr. Valdes: No.

Manager – Discussion of Toddler Park
Mr. Luis Hernandez: Under Manager, I included Discussion of Toddler Park. Just to bring everybody up-to-speed, during an inspection there are some areas that were

found to be unsafe. What we have done is closed the park in the meantime while we work towards getting prices to fix the issues. We are also trying to see if there is any benefit to keeping it because I don’t often see any children using it.
Ms. Montanez: I disagree. They use it all the time. I have a toddler and we come every day and there are always other people there, too.
Mr. Luis Hernandez: That is why I was bringing it up. The part I want to make sure is that we are providing something that people are actually using. If that is the case, then we will make the needed repairs.
Ms. Montanez: What happened to it? What is wrong with it? Mr. Luis Hernandez: Corrosion.
Mr. Valdes: Corrosion and the aluminum is rotting away and deteriorating so now it is to the point that it could cause damage and a child could really get hurt. The whole thing needs to be replaced.  It has lived its life.
Mr. Frye:  How much will it cost to replace?
Mr. Valdes: It is commercial grade, not the typical type you buy for a house, plus installation, so it is costly.
Ms. Fayad: There are different options where a lot of parks do just one big giant thing the kids can climb on.
Mr. Frye:  Like an American Ninja Warrior thing.
Ms. Montanez: At the Falls, I don’t know if any of you have been there recently, but they have a big thing in the middle. Maybe we can look into options that are more cost effective?
Mr. Valdes: Yes. We can do that. I would imagine it is going to require Miami- Dade County approval for replacement of anything. As long as it is within the same range, we can look into other options. It has been difficult to get people here, though, so I suspect it is a project that will take a couple months to replace it.
Ms. Montanez:  Was that in the budget to replace it?  Is it budgeted for at all?
Mr. Luis Hernandez: No, but the District does have reserves that can be used for any type of items like that. We have carry-forward that can be defined for that, too. No action is required today as we are working to get pricing and when we have received that information, we will present it to the Board at the next meeting.

A resident: Do you have the measurements of the area? My husband is an architect and I am sure that we can help. I know it has to be commercial grade and there are specific things that you need to approve, but do you have the measurements?
Mr. Valdes: No, I do not have that on me. If you leave your phone number, I am sure that we can provide those.  I don’t have them with me, though.
A resident:  Sure, I can give you my number.
Mr. Luis Hernandez: This is public record so I would not recommend for you to do that right now, but internally, if you send an email to lhernandez@gmssf.com, that is my email, or if you go the community’s webpage, www.skendall.com, and you will also find my contact information. If you just pass me your contact information, I will make sure that you get the measurements.
A resident: Thank you can you repeat the email, lhernandez@? Mr. Luis Hernandez:  Yes, @gmssf.com.
Ms. Wald: Luis, maybe she can stay on the line after the meeting is over and you can get her phone number.  All of this discussion is going to be on the public record.
Mr. Luis Hernandez: Go to the community’s webpage, www.skendall.com, and you will find my contact information. Moving on, unless anyone has anything else to say at this point with regards to the park, I will move on.

NINTH ORDER OF BUSINESS	Financial Reports
Approval of Check Run Summary
Balance Sheet and Income Statement
Mr. Luis Hernandez: Moving forward, next we have the Financial Reports, which you will find under Section IX. Tab A contains the check run summary and tab B has the balance sheet and income statement. Unless anyone has any questions with regards to the financials, a motion to approve them at this time would be in order. Hearing no questions, is there a motion to approve the financials?

On MOTION by Ms. Fayad seconded by Mr. Frye with all in favor the check run summary and the balance sheet and income statement were approved.

TENTH ORDER OF BUSINESS	Supervisors	Requests	and
Audience Comments
A. Consideration of Resident Request for Meeting Schedule Change
Mr. Luis Hernandez: Moving forward, next we have Supervisors Requests and Audience Comments. The part that I need to let the Board know is that the District received an email request, which was included in the agenda package. In that email, some residents made some statements that need to be corrected on the public record. Number one, since day one, there has always been the option to participate by calling in. We used to use a 1-800 number, but when the pandemic hit a couple years ago, we moved to use GoToMeeting and everyone has the option to call in or log in and join virtually. At the same time, we had some residents who came to a meeting last time or the time before, and they asked to post the schedule and agenda for the meetings, and since then, we have been doing that. You will also see that they are asking to change the meeting schedule to accommodate residents by meeting in the evening or on Saturdays. I can tell you that no one from GMS will be here on Saturdays. The part I probably need to remind Supervisors is that the purpose of the meetings is to conduct District business. The part that some of the residents may not know is that the South Kendall CDD is an interlocal government and we are comparable to any other city, county, or governmental entity. The District is following the same actions that have been used by other governmental entities when we discuss any budgets and contemplate any type of increases, we have changed the time and still the responses have been the same. The number of residents who showed up the last time we had an increase, the highest number was probably ten to twelve people. Not that many people seem to get involved. We have been using an electronic format, which we post on the webpage to allow the community to be involved. With those indications, the Board is aware of the letter, so it is now for you to discuss how you want to handle the request.
Mr. Valdes: I think with the 581 homes we have here, which we can assume is probably going to be at least two adults per household, I doubt that everybody works between 9:00 a.m. to 5:00 p.m. Some people work in the evenings, some people work afternoon shifts. This schedule gives them the flexibility to come in the mornings, and as you can see, we have one person here.
Mr. Luis Hernandez:  And three people calling in.

Mr. Valdes: Okay. With that ratio, I don’t think it is necessary to change the time because if we are going to be coming in the evening, we are also going to be taking away time from our families and other duties that we may have. So, I think that we should keep the schedule we approved. We have tried to change the schedule before and it didn’t work out, and we didn’t have any more attendance than we have now.
Ms. Montanez:	We have had it  at night?	I only found out about   this meeting because I was absolutely stalking the webpage. Otherwise, it is not really communicated.
Mr. Valdes: All of this is public information so any questions you may have, you can always get in touch with us or Luis. We will be happy to oblige. The meetings are  for practical purposes. Just like the HOA meetings, the CDD meetings are always at the same time on the same day.
Mr. Luis Hernandez: We have a schedule of dates that the Board approved, which is also listed on the webpage. The CDD meetings have been on the fourth Friday of certain months at 9:00 a.m.
Mr. Valdes: And the HOA meetings are on the fourth Tuesday at 6:00 p.m. Ms. Montanez:  Today is Monday, though.
Mr. Valdes: That is because of logistics and COVID, and the meeting dates are all posted on the webpage. If there are any changes to the meeting schedule, those are also posted. The only reason we are having the meeting today is because of the Christmas holiday being when it would normally be, so we had to make some concessions in order to meet, but they are always on the same day and same time to make it easier for people. Some people requested that we post the meeting schedule at the clubhouse, which we have done. We have had both of the meetings at 5:00 p.m. and 6:00 p.m. and it doesn’t usually matter.
Ms. Montanez: I understand and 70% of the problem is that people in general are not interested. I understand that and I am not expecting 100% turnout, but there are people who want to be here. Not knowing I could attend remotely, I am on my lunchbreak, but normally I work in Coral Gables, so there is no way I would have physically been able to be here. A lot of people I have talked to, probably around 60% to 70% of them work normal business hours.
Mr. Frye:  I do, too.

Mr. Luis Hernandez: The part that I think is important to let people know is that if you cannot attend physically, there is an option for you to call in or virtually attend the meeting, and more importantly, despite of what the community says, as long as I receive emails like this one, we will include them for the Board to be aware of.
Mr. Valdes: If you have concerns or questions, the webpage indicates contact information, and I know there are questions out there that are confusing because sometimes homeowners don’t understand. For example, is something a question for the HOA or the CDD? A lot of times residents are confused about who handles what. All of the information is on the webpage, and on the bulletin board outside there is contact information for our property manager, which can help answer questions regardless of whether they are HOA or CDD. If they are HOA-related, she will answer them because she is the property manager, but she also manages the club, as well too, with Mr. Hernandez, so if they are CDD-related she will forward those to Mr. Hernandez, or any homeowner has the right to ask them any questions. If they send a letter or email, he will be more than glad to answer those questions, whether it is a specific problem, project, or anything of that nature. We have tried having the meetings in the morning, at night, etc. This seems to work the best for everyone right now.
Mr. Frye: Early morning is the most flexible for us to be able to be here physically and go to work afterwards.
Mr. Luis Hernandez: That is precisely the reason because people would rather know they can come here, present, and get done, rather than keep waiting.
Mr. Valdes: If someone has a particular concern they don’t have to wait until the next meeting to share that concern. We have a questionnaire thing that anyone can fill out, and usually within 72 hours or so, one of the managers will respond.
Mr. Luis Hernandez: Does the Board have any Supervisors requests? Hearing none, are there any further comments from the audience?
Ms. Montanez: There is a vacant seat? What are the requirements for that? Are there specific requirements for that vacant seat?
Mr. Luis Hernandez: Yes. American citizen, a Florida resident, a resident of the South Kendall CDD, and you must be at least 18 years old. Also, that vacant seat doesn’t expire until November 2024.

Ms. Montanez:  So, what is the process?
Mr. Valdes: If you can send us a letter first with your qualifications, then the Board can open it up for discussion. We want somebody who wants to participate, not someone who will join the Board and then not show up. We have had that happen once, and once that person joins the Board, they are just kind of here.
Mr. Luis Hernandez:  The only way to remove them is with the Governor’s order.
Mr. Valdes: So, we want to make sure whoever joins wants to participate. I have talked to several people about it, but they have not wanted to be that dedicated.
Ms. Montanez:  Do they have to be a resident?
Mr. Luis Hernandez: Yes, they need to reside within the South Kendall CDD, a Florida resident, at least 18 years old, and they need to be an American citizen. Those are the requirements.
Ms. Montanez:  And if they move?
Mr. Luis Hernandez: If they were sitting in a developer’s seat, then they could remain on the Board, but if the person moves and they are in a resident’s seat, they would not be able to do so.  All of the seats on this CDD Board must be occupied by residents.
Ms. Montanez:  Okay, so I can just submit a letter to your email address?
Mr. Luis Hernandez: Yes. The Board of Supervisors are who will elect anyone to the vacant seat. These three people, along with one other gentleman who was not able to attend today, are the Board. There has been a vacancy on the Board for quite some time because despite our efforts, we have not found someone who is willing to dedicate the time to attend the meetings and be on the CDD Board.
Ms. Montanez: Okay. I will get your email address from the website. Mr. Luis Hernandez:  Are there any other questions?
A resident: I joined a bit late because I am at work. I apologize for that, but I have a couple questions.
Mr. Luis Hernandez:  Okay, what are your questions?
A resident: The first one, and again I apologize because I joined the meeting late and this may be something you have already discussed, but is it possible to change the big bumps that we have and have something a little wider like speed humps? Is this something that has been contemplated before?

December 20, 2021	South Kendall COD

Mr. Luis Hernandez: The current speed bumps that the community has were installed by the HOA prior to transferring the maintenance to the COD. The COD does not have any line items in the budget to replace them. If we were to do so, as a governmental entity, we would need to get permits. In the past, I know that the HOA had a lot of issues and couldn't have speed bumps because they were a private entity. I don't know how that would work without consulting our engineer.
A resident: Okay. My second question is in regards to the kids' park by the clubhouse. Are there any future upgrades? Are there any plans for the future for the park to improve it?
Mr. Luis Hernandez: The part we had stated is that it is closed right now because of maintenance concerns. The Board has requested to get a proposal to define what can be done for that area. Another homeowner has offered that her husband is an architect, and she will also try to provide something. The part that needs to be kept in mind is that whatever is designed, it will be paid for by the homeowners, and needs to be something that fits within the existing budget.
A resident: I see. Thank you so much. Mr. Luis Hernandez:  Not a problem.
Mr. Montanez: Hello, I also joined a little late, and just wanted to add that I was at the meeting. My name is Derrick Montanez and I joined a little after roll call. I just wanted to make sure you were aware I was here.
Mr. Luis Hernandez:  Okay, sir.  Thank you very much for letting me know that.

ELEVENTH ORDER OF BUSINESS	Adjournment
Mr. Luis Hernandez: Unless anyone has anything else to discuss, a motion to adjourn the meeting would be in order.

On MOTION  by Mr. Valdes seconded  by  Mr.  Frye with all  in

favor the meeting was adjourned.

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