MINUTES OF MEETING SOUTH KENDALL
COMMUNITY DEVELOPMENT DISTRICT
A communications media technology meeting of the Board of Supervisors of the South Kendall Development District was held on May 22, 2020 at 9:00 a.m. in accordance with the Office of the Governor, the Board of Supervisors and members of the public could attend and participate during the meeting utilizing the following from a computer, tablet or smartphone: https://global.gotomeeting.com/join/642346493 or (646) 749-3122 and
Access Code: 642346493#.

Present and constituting a quorum were:
Jesus Hernandez Sergio Valdes Ernesto Frye Betty Fayad

Also present were:
Luis Hernandez Ginger Wald Juan Alvarez

FIRST ORDER OF BUSINESS

Chairman Vice Chairman
Assistant Secretary Assistant Secretary

District Manager District Counsel District Engineer

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 (Seat #3 - 11/2020)
Oath of Office for Newly Appointed Supervisors
Election of Officers
These items were tabled until a future meeting.

THIRD ORDER OF BUSINESS	Approval	of	Minutes	of	the
February 28, 2020 Meeting
Mr. Luis Hernandez: Item #3 is Approval of Minutes of the February 28, 2020 Meeting. This would be the time to make any changes, corrections, additions, or deletions. If there are none, a motion to approve them would be in order.

On MOTION by Mr. Valdes seconded by Mr. Jesus Hernandez with all in favor the Minutes of the February 28, 2020 Meeting were approved.

FOURTH ORDER OF BUSINESS	Discussion	on	Protection1
Agreement and Consideration of Invoices (6% increase compared to prior year)
Mr. Luis Hernandez: Since we are starting the budget process, I took advantage to include this on the agenda, which is an invoice that we received from ADT. They sent an invoice that they are increasing their fees by 6% without discussion. It is not significant for the amount of the bill, but it is an increase. The part I am letting the Board know is that at the time we do the proposed budget, staff goes through all of the obligations the COD has, to check and confirm what will be the estimated amount that will be expended. No contract allows for an automatic increase. If anyone wants to make an increase, that needs to come back to the Board for approval. Why ADT chose to go ahead and increase, I don't know. We already asked questions, but we have not received the answers yet. This is just one example of what is taking place with one of the contracts the COD has. At this point, we are just presenting it. No further action is needed. It is just for the Board to know all of the steps GMS is taking to confirm and ensure that the proposed budget is going to be working how it is being presented today.

FIFTH ORDER OF BUSINESS	Consideration/	Ratification	of
Agreement for Access to Certain Exempt Information Maintained by Miami-Dade County Property Appraiser
Mr. Luis Hernandez: Moving on to Item #5, Consideration/ Ratification of Agreement for Access to Certain Exempt Information Maintained by Miami-Dade County Property Appraiser. This is a requirement that Miami-Dade County has passed on to the District. It is necessary and mandatory for the District in order to continue to levy with Miami-Dade County. Just for the Supervisors to know, and for explanation on the record, there are certain properties that the property owner has the ability to choose to be exempt from providing their private information, and therefore the county can only provide us with that information only if the District has signed the agreement. The agreement has already

been reviewed on the legal side by Ginger's office and it correlates and serves the purpose for what is being met. There is no further opinion that the COD can provide on the document, but because of all those matters that will be affecting the District, it is being requested that the Board approve the agreement, which will allow the appropriate District officials to execute it. Ginger, I don't know if you have anything else to add?
Ms. Wald: No, you covered it pretty well. If anyone has any questions, I can answer them. Miami-Dade County Property Appraiser's office wants us to do it and we didn't see any harm since it is what we need to do anyway.
Mr. Luis Hernandez: So, I would be looking for a motion to approve the agreement.

On MOTION by Mr. Frye seconded by Ms. Fayad with all in favor agreement for access to certain exempt information maintained by the Miami-Dade County Property Appraiser was approved.

SIXTH ORDER OF BUSINESS	Consideration	of	Resolution
#2020-01 Approving the Proposed Fiscal Year 2021 Budget and Setting the Public Hearing
Mr. Luis Hernandez: Moving on, next we have Resolution #2020-01. This resolution approves the District's proposed budget. Before we go to the resolution itself, you will find a copy of the proposed budget dated May 22nd. As we have gone through this process many times, I am not going to be spending too much time going over it unless Supervisors would like to do so. The part I can tell you is the management company has been going through the current obligations the District has and anticipated that some items might have some minor increases, but I am happy to report that for the general fund, which is the operations and maintenance of the District, and it is our belief that we will be able to operate with the same level of services as we have been providing the prior year with no increases. The main point of the general fund or operations and maintenance budget is to define whether or not the District needs to have an increase. As I was indicating, it is our belief that there is no need for that increase. The Board will have at least 60 days to review it and make any minor changes. It is likely that some of the line items will shrink, while others may increase, but overall, everything will be kept so the total that will be collected from the homeowners at the end of the day will be the same. As that is being said, does anyone have any questions in regards to the general

fund part of budget? Hearing no questions, thank you very much. The rest of the budget, following page 2, you will find the descriptions for each line items and on page 8 you will see the debt the District has. That is a fixed amount that is part of the budget and part of the obligations that the Board cannot modify. Despite this, I do want to indicate to the Board that staff is always looking to see if there would be any savings by refinancing the bonds, and the Board will be the first ones to hear that. As of yet, it does not appear that is the case right now. With that being said, we can move on to the resolution, Resolution #2020-01. The resolution will approve the District's proposed budget and also set the date and time for the public hearing where the Board will be adopting the budget. It is important to know that for that meeting the Board will need to have a quorum. So, with that being said, any particular preferences from the Supervisors?
Mr. Jesus Hernandez: I can schedule it for whenever everyone else is good. Mr. Valdes: Me, too.
Mr. Luis Hernandez: Perfect. The statutory requirement is that it needs to be at least 60 days from today. Typically, I like to get things done ASAP so that if anything happens we still have enough time to fix things if necessary. With that being said, my recommendation to the Board would be to adopt the budget at the July 24, 2020 meeting because it will give us the 60 days and at the same time, it will give us enough time that if anything were to happen in July, we still have a month and a half prior to needing to have absolutely adopted the budget. It is a day we have already established as a meeting date and it would be at the same time as our regular meetings are held, at the same place or if permitted as we are doing today. We don't know at this point what the future is going to be presenting.
Mr. Valdes: Okay.
Mr. Jesus Hernandez: I am fine with that. Mr. Frye: Yes.
Ms. Fayad: That is okay.
Mr. Luis Hernandez:   Perfect. So, with that being said, I will be asking for a motion to approve Resolution #2020-01, as I just indicated with the date and time that the meeting is going to be taking place and at that time, the purpose of that meeting will be to adopt the budget.

On MOTION by Ms. Fayad seconded by Mr. Jesus Hernandez with all in favor Resolution #2020-01 Approving the Proposed Fiscal Year 2021 Budget and Setting the Public Hearing was approved; and the public hearing was scheduled to be held on July 24, 2020 at 9:00 a.m. at the Tuscany Village Clubhouse, 12801 SW 133rd Terrace, Miami, Florida.

SEVENTH ORDER OF BUSINESS	Acceptance of Audit for Fiscal Year
Ending September 30, 2019
Mr. Luis Hernandez: Moving forward, we have Acceptance of Audit for Fiscal Year Ending September 30, 2019. The audit has been provided and I can report that it is a clean audit. Since the Board is familiar with the document, you are already aware and know that all the Board needs to do is accept it into the District's records. Any statement that is provided on the report is an obligation of the auditor that has nothing to do with the Board, nor the District.   With that understanding, I will ask for a motion to accept the audit for fiscal year ending on September 30th.

On MOTION by Mr. Jesus Hernandez seconded by Mr. Frye with all in favor the audit for fiscal year ending September 30, 2019 was accepted.

EIGHTH ORDER OF BUSINESS	Discussion of Procedures for the
General Election
Mr. Luis Hernandez: Discussion of Procedures for the General Election. There are going to be seats going up for election this year. Because of that, the District will be following the statutory requirements. The advertisement will be placed and as it has been done in the past, those who are interested for those seats will need to qualify and register with the Supervisor of Elections and go through the process of the general election. A copy of the notice has been included in the agenda package. That is under the Section VIII tab. It is just being provided so the District can fulfill the information that needs to be said at a public meeting. So, fulfilling those requirements, we can move on.

NINTH ORDER OF BUSINESS	Consideration of Ortiz Construction
Proposal
Mr. Luis Hernandez: The next item we have is Consideration of Ortiz Construction Proposal. This is taking into consideration to pressure clean both sides of the perimeter wall, repair any cracks, and to paint it all throughout the community in the areas where

we have the wall. The total cost would be $34,000. Sergio, is there anything else that you need to indicate on that proposal?
Mr. Valdes: No. There are several areas that are in pretty bad shape and we have a little graffiti in one area. I guess some kids decided they wanted to get creative.

On MOTION by Mr. Valdes seconded by Mr. Jesus Hernandez with all in favor the proposal from Ortiz Construction was approved in an amount of $34,000.

Mr. Luis Hernandez: This is a maintenance item which the District has funds set aside on, so if the Board chooses to move on, it would be appropriate and Ginger, I will probably ask you to prepare a small project agreement based on the proposal if the Board so chooses to do it. So, I will just ask for direction from the Board at this time.

TENTH ORDER OF BUSINESS	Discussion	of	Drainage	System
Clean Up and Outstanding Invoice
Mr. Luis Hernandez: The next item we have ties into our engineer's report, so, Juan, if you could just go ahead and summarize what has been taking place, I would greatly appreciate it.
Mr. Alvarez: Sure. Basically, the item has been maintenance of the drainage system. You may recall the District entered into an agreement with CBI to clean 62 drainage structures within the District. Prior to that, we had prepared a map of the District showing all of the drainage structures. Out of the 112 structures, 62 were selected for cleaning. CBI did the work in September last year and sent a bill to the District for the 62 drainage structures. Luis asked us to verify that they had indeed done the work before the invoice was paid. We went to the field with CBI and it turned out the person who had been doing the field work for them left the company. The new person was not really sure where the 62 inlets were so he showed us everywhere in the community without really any clarity from our point-of-view as to whether they had done all 62. There was a lot of back and forth between us and CBI, but eventually we decided to just go ahead and inspect all of the drainage structures within the District. We found that only 42 inlets were working so there has been a lot of conversations with CBI and they agreed they would bill for the 42 drainage structures that we can confirm that they completed. Now you may ask what happens to the other structures. They do need to be cleaned, but they are not an urgency situation and although there are deposits inside the structures, they are not

100% full and they have not stopped working. I do think you need to consider entering into an agreement to clean the rest of the structures, though. We have not had a very good impression with CBI, so you might want to consider some others. You have in your agenda packages a table we together of the structures that we find are in good condition and the ones that are in need of maintenance. This table goes with the map we prepared. I am not sure the map is in the agenda package?
Mr. Luis Hernandez: If I may interrupt, Juan, just to let the Board know, from the initial cleaning that was intended last year, only 42 structures were actually cleaned. The entity who had performed the maintenance has agreed that they will pass on an invoice for only 42 structures. So, that part has been resolved. As Juan has indicated, and probably the most important part for today's meeting, Juan, I would appreciate if your office could help us obtain proposals for the rest. I am kind of confused because in my head with 112 it means there should be 70 structures left and if there are 70 structures left, I would appreciate if you could help us get proposals for that. Part of the biggest concerns that we had at the time we were doing this before is that the vendor came to perform what needed to be done, but the people who were actually doing the work claimed that additional cleanup was necessary, so part of my concern was that companies, unless reputable, all they are seeing is dollar amounts, not necessarily what the community needs, but what is going to generate income for them. So, since you have already inspected them, you already know if it is just vacuuming that is necessary or if it requires further cleanup so the quotes we receive will be all that is needed. Now it is my personal opinion and we have the Board to provide the comments, since we have hurricane season coming, and since we already have the funds, it would be best for the community to get this done as soon as we can rather than waiting.
Mr. Valdes: Luis, if I may say something? Last year when this project was taking place I had another estimate that was far higher than the one that was presented at the time, but at least they included pressure-cleaning the inlets as opposed to just the basins. I didn't present it because the difference was so extreme and Yamilex had already gotten another one, but it turns out they were not really doing that work, just cleaning the basins. So,we do have a proposal already for that which included the entire community. Now as soon as the water rises, all of the garbage that was in the inlets goes back into the basins.

We do have another proposal on file. I just have to find it. I will ask Yamilex to provide it so we can go over it and see what is most appropriate.
Mr. Luis Hernandez: Sergio, Juan's office has already taken the time to physically inspect those inlets, so they already have a very good understanding of the conditions. The other part I want everybody to be aware of is the cleanup that was done on the 42 basins, after almost a year still shows the areas affected and therefore I would like the engineer to guide us as to what is actually needed, not necessarily what the commercial firms will be trying to sell us.
Mr. Valdes: Okay.
Mr. Luis Hernandez: So, Juan, if you can help us obtain those, I would greatly appreciate it.
Mr. Alvarez: Absolutely. I think that I have seen the proposal that you have, Sergio, but if you can provide me with it, maybe we can follow up with that firm.
Mr. Luis Hernandez: Not a problem. We can get you a copy.
Ms. Wald: Luis, I don't have the contract in front of me, my apologies, but since we are basically taking the agreement that we have with CBI, Cliff Berry, and we are modifying it because they did not fulfill their obligation, which in my opinion is a breach of the contract, and they have now finally admitted that they did not complete the contract as per stated, I believe the Board is going to need to go ahead and accept the modification in which the agreement will now be modified where only 42 basins are being cleaned and the amount that the agreement is shall be reduced by that number. So, I think if you want to proceed with that, you will need a motion from the Board for the authority for you to go ahead and do so because I don't recall if the agreement was per basin charged or if it was an overall fee.
Mr. Luis Hernandez: It was an overall total. It does indicate the cost per unit and that was part of the problem, although at the last meeting, the Board had motioned to pay for only those that were actually cleaned, but I think it makes it clearer for the record what you are suggesting, so if you could just please help us word the motion that you need from the Board, I would greatly appreciate it.
Ms. Wald: Sure. I would state it this way since we don't have the exact numbers to the amount, a motion to authorize the District Manager to enter into settlement

negotiations with CBI to resolve the completion of the agreement with CBI with the reduction of the number of cleaned basins to 42 and the appropriate cost should be remitted to CBI as determined by the District Manager.

On MOTION by Mr. Frye seconded by Mr. Jesus Hernandez with all in favor the District Manager was authorized to enter into settlement negotiations with CBI to resolve the completion of the agreement with the reduction of the number of cleaned basins to 42 and the appropriate cost would be remitted to CBI as determined by the District Manager.

ELEVENTH ORDER OF BUSINESS	Staff Reports
A. Attorney
Mr. Luis Hernandez: Staff Reports. Ginger, anything to report?
Ms. Wald: No, other than just don't forget to file you Form 1's. Luis won't be there to do it for you or remind you to unless he is going to come to your house, have you sign them, and then send them in.
Mr. Luis Hernandez: If I could I would, but it is something that needs to be done by each individual, although the part I want everyone to know is that my office will send you an email with the form and you should also receive it in the mail, as well. My office likes to be proactive and will also send you an email with the form. Each of you need to fill it out and file it as soon as you can. For those who are actively serving more than one District, you can list them all so you can just file one form for all of the Districts.

8. Engineer
There not being any report, the next item followed.

C. Club
Mr. Luis Hernandez: Sergio, anything you want to discuss regarding the club? Just to keep everyone posted, the District continues to observe everything presented by the county and the club will only be opened when the District can guarantee it can provide the safety necessary for the community and not prior to it.
Mr. Valdes: We have taken a number of steps in getting the club ready for whenever the opening takes place. We have purchased all kinds of supplies including mops for the floors, we will be maintaining social distancing, we have also purchased new air cleaners in hopes that any bacteria may be caught, we have prepared the equipment

as far as maintaining the social distancing and we have limited the amount of people that we are going to be allowing, pretty much everything most facilities will be doing. This will be on an ongoing basis because changes could come any day, at any time, whether it is more or less. We could open tomorrow and close the following day, but obviously we are getting as much as we can ready with the information we have right now. Once the county authorizes the opening, then we as a Board or Luis can look at everything we have done and make sure we have everything in place for everyone, the residents as well as the employees, and implement the shortlist of new rules we are going to be posting outside. The signs have already been made so that the intent is for people to read them before they walk into the facilities. We have ordered hand sanitizers, wipes, and everything we can find anywhere so we are ready to open whenever that happens so that if the county says we can open, by probably the following day or two days later depending on how long it takes to implement whatever other guidance from the county that we may not have in place.
Mr. Luis Hernandez: It is important to let the record reflect that club staff has continued working. The fact that the facility has not been open to the public does not diminish that staff has been coming. They have been trying to do cleanup and continue to do what is necessary to get the facility in the best condition and make sure that whenever we will be able to open it will be short period of time for us to be able to do so. So, with tho e indications, unless anyone has any questions, I will be moving on.

D. Manager - Number of Registered Voters in the District- 968
Mr. Luis Hernandez: The only thing I need to report is part of the requirements of the Florida Statutes, is that the number of registered voters within the District is 968. The reason and importance of that announcement is it lets everybody know the number of registered voters residing within in the District and also that the election of Supervisors is done by the Miami-Dade Supervisor of Elections office.

TWELFTH ORDER OF BUSINESS
Approval of Check Run Summary

Financial Reports

Balance Sheet and Income Statement
Mr. Luis Hernandez: Moving forward, you find the Financial Reports under Section
XII. Tab A contains the check run summary and tab B has the balance sheet and income

May 22, 2020	South Kendall COD

statement. Unless anyone has any questions on the financials, I will be asking for a

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

motion to approve them at this time.

THIRTEENTH ORDER OF BUSINESS	Supervisors	Requests	and
Audi,nce Comments
Mr. Luis Hernandez: Are there any Supervisors requests? Hearing none, we have no audience for any audience comments, so it is not that we are skipping that.

FOURTEENTH ORDER OF BUSINESS	Adjournment
Mr. Luis Hernandez: Unless anyone has anything else to discuss, a motion to

On MOTION by Mr. Jesus Hernandez seconded by Ms. Fayad
with all in favor the meeting was adjourned.

adjourn the meeting would be in order.