MINUTES OF MEETING SOUTH KENDALL
COMMUNITY DEVELOPMENT DISTRICT

The regular meeting of the Board of Supervisors of the South Kendall Community Development District was held on February 24, 2023, at 9:00 a.m. at Tuscany Village Clubhouse, 12801 SW 133rd Terrace, Miami, Florida.

Present and constituting a quorum were:

Jesus Hernandez	Chairman
Sergio Valdes	Vice Chairman
Betty Fayad	Assistant Secretary
Laura Montanez	Assistant Secretary Also present were:
Luis Hernandez	District Manager
Ginger Wald	District Counsel
Derek Montanez	Resident
Yamilet Milan	Club Manager

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 Resolution #2023-02 Declaring a Vacancy on the Board of Supervisors and Appointing Qualified Electors to the Vacant Seats – Seat #1, Seat #2, and Seat #4
Mr. Luis Hernandez: Item #2 is Organizational Matters. I just need to let the Supervisors know that no one qualified for the seats in the general election last November, so we now have vacant seats, and technically right now we only have two Supervisors. So, the first action I would need is to approve Resolution #2023-02 Declaring a Vacancy on the Board of Supervisors and Appointing Qualified Electors to the Vacant Seats – Seat #1, Seat #2, and Seat #4.
Ms. Wald: Let’s clarify for the record first. They are holdovers. Even though nobody qualified for Seat #1, Seat #2, and Seat #4, the individuals who are in those seats are considered to be holdovers. After we approve the resolution, you just presented, then

the Board, including the holdovers, has the obligation to proceed forward and appoint a qualified elector to those seats, which could be themselves. That is technically and legally exactly where we are. So, I apologize for stopping you in the middle of all of that, but that is where we are at, and a motion to approve Resolution #2023-02 would be in order.

On MOTION by Mr. Valdes seconded by Ms. Montanez with all in favor, Resolution #2023-02 Declaring a Vacancy on the Board of Supervisors and Appointing Qualified Electors to the Vacant Seats – Seat #1, Seat #2, and Seat #4 was approved.

Mr. Luis Hernandez: Do we need to do anything further under this item?
Ms. Wald: Yes. Someone needs to move to appoint someone to Seat #1, which is currently held by Jesus.
Mr. Luis Hernandez: And Betty was in Seat #2. Can we do both at the same time?

On MOTION by Mr. Valdes seconded by Ms. Montanez with all in favor, Mr. Jesus Hernandez was appointed to Seat #1 and Ms. Betty Fayad was appointed to Seat #2.

Oath of Office for Newly Elected Supervisors
Mr. Luis Hernandez, being a Notary Public of the State of Florida, administered the oath of office to Mr. Jesus Hernandez and Ms. Fayad, and asked them to fill out and sign their oaths. The signed oaths will become part of the public record.

Consideration of Resolution #2023-03 Electing Officers
Mr. Luis Hernandez: Next we have Resolution #2023-03 Electing Officers. Prior to this election, Jesus was Chairman, Sergio was Vice Chairman, and the remainder of the Supervisors were Assistant Secretaries. At the same time, Patti Powers from GMS was Treasurer, I was Secretary, and Rich Hans from GMS was also an Assistant Secretary. The important part to remind you is that all of the Supervisors have the same powers. The only reason for having a Chairman and Vice Chairman is for purpose of signatures. With that being said, it is now for the Board to discuss if you would like to make any changes or if you would like to keep the same slate of officers. Then, the resolution will be filled in accordingly.

Mr. Valdes: Keep it the same.

On MOTION by Mr. Valdes seconded by Ms. Fayad with all in favor, Resolution #2023-03 Electing Officers was approved; and the Board retained the same slate of officers.

THIRD ORDER OF BUSINESS	Approval	of	Minutes	of	the
October 28, 2022 Meeting
Mr. Luis Hernandez: Moving forward, the next item we have is Approval of the Minutes of the October 28, 2022 Meeting. This would be the time to make any changes, corrections, additions, or deletions. If there are none, a motion to approve the minutes would be in order.

On MOTION by Mr. Valdes seconded by Mr. Jesus Hernandez with all in favor, the Minutes of the October 28, 2022 Meeting were approved.

FOURTH ORDER OF BUSINESS	Acceptance of Audit for Fiscal
Year Ending September 30, 2022
Mr. Luis Hernandez: Moving forward, next we have Acceptance of Audit for Fiscal Year Ending September 30, 2022. This is a clean audit report. I have reviewed it, and there are no comments that need to be addressed. So, unless the Board wants me to go over it in further detail, I will ask for a motion to accept the audit at this time.

On MOTION by Mr. Jesus Hernandez seconded by Mr. Valdes with all in favor, the audit for fiscal year ending September 30, 2022 was accepted.

FIFTH ORDER OF BUSINESS	Discussion	of	Community
Roads and the Need for a Parking Policy
Mr. Luis Hernandez: We included a line item to discuss the community roads. Let me just explain what is taking place so everyone understands the covenants that the community has. The District was originally set up so that everything within this community was going to be managed by the HOA, but unfortunately with the situation of the market, the conditions of the community have gone down because the HOA doesn’t have the

same powers to collect the way the CDD does. So, back in 2009, several of the Board members on both the CDD Board and HOA Board elected to approve the maintenance to be done by the HOA be done by the CDD, and they entered into a maintenance agreement. Currently, the problem that the community is facing is that people are parking in areas where they are damaging the common areas. The discussion that we were having prior to this meeting is that the HOA has bylaws that would allow them to enforce parking rules within the community. The HOA owns most of the roads, as well as some of the common areas. The CDD has an easement and agreement to do the maintenance. The recommendation or request from the CDD to the HOA is to enter into an agreement with the security company so they can enforce parking and towing issues. The CDD as a governmental entity does not have the right to enforce that.
Mr. Valdes: The concern was whether we needed to do anything differently. We can continue with the parking policy that we have and tow from the HOA side as appropriate and only when needed. We always give the homeowner the opportunity to move the vehicle first if we know where they are at. We are not in the business to tow.

SIXTH ORDER OF BUSINESS	Staff Reports
Attorney – Consideration of Request for Adjustment to District Counsel Fee Structure
Mr. Luis Hernandez: Moving forward to Staff Reports, Attorney. Ginger?
Ms. Wald: Yes. You have in your packets the letter that I sent to Luis from my firm. Our fees have remained the same since 2004. We have not adjusted our rates. So, we have spent some time reviewing these and we respectfully request for the Board to approve the rate adjustments. Because we do not meet that often, it is probably not much more than a maximum of $200 more.

On MOTION by Ms. Montanez seconded by Ms. Fayad with all in favor, the request for adjustment to District Counsel’s fee structure was approved.

Engineer – Consideration of Request for Updating Personnel Billing Rates
Mr. Luis Hernandez: Similar to what District Counsel just presented, the District Engineer has also provided a letter of request to update the personnel billing rates. He

has not changed his rates either. He has presented the current rates versus what the rates will be, as well. These increases are also very minimal. The part that I can say is that I have reviewed this and it is not going to be affecting the District’s expenditures. Based on all of that, the recommendation will be to approve the request for updating personnel billing rates.

On MOTION by Ms. Montanez seconded by Mr. Jesus Hernandez with all in favor, the request for updating personnel billing rates was approved.

Club
There not being any report, the next item followed.

Manager
Cleaning of the Drainage System
Mr. Luis Hernandez: Under Manager, as the Board probably remembers, almost three years ago, the District went through the process of cleaning the entire drainage system. What we have in this community is french drains. What that means is they don’t go into a lake, and it just goes to an area where it is dispersed. We have a proposal from the company that has done it previously, but we did have the District Engineer take a look at it to make sure the pricing makes sense, and after reviewing the comments from the District Engineer and all of his questions were answered, it is important to note that the proposal that is being presented came after they had MTX Group One, Inc. inspect the areas. So, what I am asking the Board is to allow the District to enter into an agreement MTX Group One, Inc. for the cleaning of the drainage system in the amount of $39,675.00.

On MOTION by Mr. Valdes seconded by Ms. Fayad with all in favor, the proposal and agreement with MTX Group One, Inc. for cleaning of the drainage system were approved for an amount of $39,675.00.

Mr. Jesus Hernandez: Last time we did this, they were in much worse condition. Mr. Valdes: Yes. The flooding was kept to a minimum, though. A few weeks ago,
the water was up high but it was gone within an hour. Usually, before they clean it stays for four to five hours.

Discussion and Understanding of the District’s Operations and Effects
Mr. Luis Hernandez: Moving on to Item #2, the part that I want the record to reflect is that the intent is for the CDD and HOA to work together on making decisions on some of the many items that are kind of in a gray area. The item I am going to be presenting refers to a property address, 12954 S.W. 135th Terrace. What has occurred on that particular property is that the CDD has maintained anything that is part of the common area all the way up to the wall of the property. There was some kind of berm growing on that side, but it was affecting the wall and it was removed from all of the properties except for this particular property. The reason it wasn’t done on this particular property was because a year ago, the owner claimed he was going to ask for permission not to remove it, but a year later it was removed from the rest of the area. Since then, the gentleman has sold the property and the new owner has been told that it needs to be removed because it is creating problems with the wall. So, the HOA asked to remove it for maintenance purposes. Based on all of that, I wanted to let the Board know that we have the tree trimming company here, which is the landscaping company the District uses, and as soon as they have the time to remove the berm and sod the area up to the wall as it had been done with the rest of the area.
Ms. Wald: It isn’t really a berm.
Mr. Luis Hernandez: It is plant material that is there that will be removed. Ms. Wald: It is not really a berm, though.
Mr. Valdes: It is actually a hedge along the wall.
Ms. Wald: We just don’t want any misunderstandings in the minutes that we are taking out berms when it isn’t one.
Mr. Valdes: It is just a hedge.
Ms. Wald: I just want that to be clarified.
Mr. Luis Hernandez: Thank you for that. it does make a difference. The next item that we have, and taking advantage of the fact that we had the meeting, though typically this would be done at a staff level, I just received a proposal from McGrath for some improvements that need to be done. It is in the amount of $2,880.00. So, because we had the meeting, I just wanted to present it to the Board and ask for a motion to authorize the work to be done.

Ms. Montanez: What are they going to be doing? Mr. Valdes: Fixing a leak.
Mr. Luis Hernandez: I just received this proposal, but wanted to bring it to the Board for consideration.

On MOTION by Mr. Jesus Hernandez seconded by Ms. Fayad with all in favor, the proposal from McGrath to fix a leak was approved for an amount of $2,880.00.

Mr. Luis Hernandez: Keep in mind we are three weeks away from spring, and then summer is coming not long after, so the sooner we can get that done the better.
Mr. Valdes: Definitely.

Tree Trimming Status
Mr. Luis Hernandez: The last part I have in my report is that the tree trimming was done for the entire community. It looks great. Last year the District needed to spend money last year to fix all of the sidewalks. The vendor told us the smaller we can keep the trees, the smaller the roots will be so by keeping them smaller, we are also helping prevent the sidewalks from being damaged. So, even though it is expensive, overall it makes sense. They will be done with the entire community within the next couple of weeks.

SEVENTH ORDER OF BUSINESS	Financial Reports
Acceptance of Check Run Summary
Acceptance of Combined Balance Sheet
Mr. Luis Hernandez: Item #7 is the Financial Reports. Tab A contains the check run summary and tab B has the combined balance sheet. Does anyone have any questions on the financials? Hearing none, a motion to accept the financials would be in order at this time.

On MOTION by Ms. Montanez seconded by Mr. Jesus Hernandez with all in favor, the Check Run Summary and the Combined Balance Sheet were accepted.

February 24, 2023	South Kendall COD

EIGHTH ORDER OF BUSINESS	Supervisors	Requests
Audience Comments

and

Mr. Luis Hernandez: Are there any Supervisor's requests at this time? Hearing none, are there any comments from the audience?
Mr. Montanez: Are they going to finish the signage?
Mr. Valdes: Yes. The guy who was working on the curbing can't be found. They are supposed to do the curbing around it. The ground was uneven, but the guy is nowhere to be found.
Mr. Montanez: Okay, then it is unfinished but will be eventually?
Mr. Luis Hernandez: Yes. They are still working on it. The District is aware of what you are seeing. The construction market has been extremely difficult lately.
Mr. Valdes: Lately if you call someone to do a $50,000 job they might come out, but if it is $5,000 they don't want to bother.

NINTH ORDER OF BUSINESS	Adjournment
Mr. Luis Hernandez: Unless anyone has any other District business to discuss, a motion to adjourn the meeting would be in order.

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

Secretary I Assistant Secretary

Sergio Valdes (May 3, 2023 16:55 EDT)
Chairman / Vice Chairman

Created:

2023-05-03

By:

Luis Hernandez (lhernandez@gmssf.com)

Status:

Signed

Transaction ID:

CBJCHBCAABAAsihOmQZEkuoGC3WYXjZiRy3DWIY.YZO2i

04-28-23meetingdocumentstobesigned-SouthK endall
Final Audit Report	2023-05-03

"04-28-23meetingdocumentstobesigned-SouthKendall" History
'El Document created by Luis Hernandez (lhernandez@gmssf.com)
2023-05-03 - 2:16:54 PM GMT- IP address: 50.196.79.65

0o Document e-signed by Luis Hernandez (lhernandez@gmssf.com)
Signature Date: 2023-05-03 - 2:18:38 PM GMT - Time Source: server- IP address: 50.196.79.65

Document emailed to sergio_valdes@bellsouth.net for signature
2023-05-03 - 2:18:41 PM GMT

'El Email viewed by sergio_valdes@bellsouth.net
2023-05-03 - 4:18:14 PM GMT- IP address: 104.28.57.244

0o Signer sergio_valdes@bellsouth.net entered name at signing as Sergio Valdes
2023-05-03 - 8:55:42 PM GMT- IP address: 107.115.227.76

0o Document e-signed by Sergio Valdes (sergio_valdes@bellsouth.net)
Signature Date: 2023-05-03 - 8:55:44 PM GMT - Time Source: server- IP address: 107.115.227.76

9	Agreement completed.
2023-05-03 - 8 55:44 PM GMT

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