MINUTES OF MEETING EAST HOMESTEAD
COMMUNITY DEVELOPMENT DISTRICT

A regular meeting of the Board of Supervisors of the East Homestead Community

Development  District was  held Friday, September  13, 2019 at  9:00 a.m. at
Community Clubhouse, 171 NE 30 Road, Homestead, FL  33033

the

Oasis

Present and constituting a quorum were:

Chairman
Vice Chairman (by phone) Assistant Secretary Assistant Secretary
Assistant Secretary (by phone)

Susan Genther Laurie Weil Raymond Harris Stephen Walker Saens Dorcely

Also present were:

Vanessa Steinerts Luis Hernandez George Graupera
Alexandra (Alex) Garcia Lourdes Burgos
Al Torres Virginia Rullan
Several Residents

District Counsel District Manager District Engineer
NFC Amenity Management Resident
Resident Resident

Segment I :
FIRST ORDER OF BUSINESS
Mr. Hernandez called the  roll and

Roll Call and Pledge of Allegiance
stated we have a quorum, and the Pledge of

Allegiance was recited by all who attended the meeting.

SECOND ORDER OF BUSINESS

Audience

Comments

-	As

per

District's rules, each speaker has 3 minutes to provide comments
Ms. Steinerts: Are there any audience comments today? Before we begin, the Board has determined that the rules that are in place for audience comments will be implemented,  the  District  rules  states  that  each  speaker  has  3  minutes  to  provide
comments.

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Mr. Hernandez: So, whoever has a comment, please indicate your name for the record and what those comments are.
Ms. Burgos: Yes, my name is Lourdes Burgos from Martinique, the Isles of the Oasis, and two things that I'm here for, I need to follow up on the drains. I forwarded to Luis all the inspections and everything we had regarding Allstate and the inspection of our drains, and I want to know the status of Martinique. It's being allocated for this budget year coming and we have not heard anything for that, so I'm following up with that. Also, the complaint regarding your contractor, Ortiz Mechanical or  whatever  they  are, electrician. I sent two emails to Luis, one last night, and one follow up this morning and Dennis, regarding the condition in which the construction site of that  pond was left at Martinique. I have all the pictures here if anybody wants to see them because not only did they drive their van on the good grass on the homeowner's side from the tire tracks that we see, they only replaced grass on the line in which the  cables were installed. When they dug up the area, they dug up all the dirt, made a mountain of dirt against the one building, and all that grass has been damaged. Also hedges where, as of your email of July 15th to me, I put it in the email, and you said everything will be replaced as it was. Well, this is why I'm here, bushes and hedges were also removed from the electrical box for which the electricity was taken for the fountains, only half were taken out, and those were not replaced either. So, the complaint is about your contractor, a shabby job, and I don't know why BrightView is not the landscaper working on replacing that, you send out Ortiz who obviously, they don't care about the community, and as I said, they drove on the good grass of the community and I had mentioned this before, the grass on that lake bank is all weeds, that's no longer grass, has never been maintained by the COD and I think you're supposed to take care of that side. So, you have all the pictures, and both emails, the ones before when they cleaned up behind the mountain of dirt, dug up with rocks, and you have those pictures that I sent to you this morning, and the ones from last night after they came in and I'm inviting any of you to the site so that you can truly see, it's horrible, thank you.
Mr. Hernandez: Just to address the Board, I think that the first part that needs to be said is, number one that area is still in a work in progress. The District has set the system where any work that is done by the vendor, and before it is paid it needs to be
accepted by the District.  As of this point, as per the statement that has been said, it's

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being done from the vendor and I don't even know if the vendor has finished it but, before I can provide even a comment, I need to have someone from staff coming and reviewing what has taken place.  The part that I still can't prevail and maintain, and the statement that I have originally made is that the District will be bringing everything back as to the way it was. If it hasn't been finished, that's something that is still a work in progress. Item two, what you presented, I did report to you via email of what has been done in regard of the drainage system. The District does have in its current budget for the next fiscal year to do the cleanup of the subdivision that represents and that's included already. The part that we're trying to determine is when would be the right time to do it, we just finished the one that we have for this year, and this is the last month of our fiscal year and I'm just trying to get through the month before I can start the new year, so as soon as I know the timetable as to when it would be done, you will be informed. The part that I do want to report because it does concern not only me personally but GMS as the company that's giving the oversight, we have been implementing a checkup of all the  subdivisions to ensure that the drainage system is working, despite of what the cleanup is being done or not. That includes the area of Martinique and Martinique specifically, I've been asking Chris who is the one helping me with it, and we haven't found anything of real concern as of yet. Part of the items that needs to be kept in mind is we recently had a potential effect of a hurricane coming to this area, and therefore we need to have all the systems working as expected, so that's the reason why we're giving the oversight to ensure that no matter what we are facing, no matter what the schedules are, the system is working as it's being inspected. So, the part that I can report to the Board is that based on the observations we have made, nothing appears to have any items of concern.  Yes sir?
Mr. Harris: My understanding is that GMS is contracted to inspect all the drains in all the communities on an annual basis, don't we do it annually?
Mr. Hernandez: There are two types of inspections, so I don't want anyone to be misled, one inspection is calling the company who cleans it, they  look at the inlet, and they provide comment based on their expertise. GMS doesn't have anyone who provides that, so that is being done through a vendor, and currently the vendor is Cliff Berry and that's step one. What GMS has been doing as part of the regular contract that we have is that we come and after a rain event, we inspect, technically the system needs to be able
to handle all the water that you see and it needs to be gone within an hour, and if it's not,

.

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then we're just reporting for the inspection to be made to that particular area. The part that I can report and the part that I was making as part of my statement is that, when we come to the community in the last 3 weeks, and we have inspected a subdivision after a rain event, we have not seen that the water is not being drained in any of those points. Even in the ones that we have the problems, I don't know what happened, the cleanup seems like now it's working because even in those areas after an hour, the water is gone.
Mr. Harris: But I'm just saying to answer Lourdes question about the inspections, the entire community is on a schedule normally.
Mr. Hernandez:  Oh sure.
Mr. Harris: So, it's not just Martinique because I know you unfortunately were not aware of it, and you were paying separately to have a contractor, so going forward the COD will inspect and clean all of the pods in Isles of Oasis.
Mr. Graupera: I'd just like to follow up with one thing that Luis said, and in my field there's a legal term for inspection and it's thrown around a lot, inspections can only be done by certified inspectors, so what we're really talking about are observations. GMS is responsible for observations and that's what they're contracted with as far as the field manager.
Mr. Harris:  For standing water. Mr. Hernandez:  Correct.
Mr. Graupera: Exactly, the field manager drives around and observes and records any observations, however if an inspection needs to be done that's when you have to take it to a vendor that's certified that is technically capable to ascertain what exactly is going on, whether it be drainage, landscaping or whatever. So, even though the term inspection and inspect is thrown around interchangeably, it's more observations and then inspectors leave those to the actual licensed inspectors.
Mr. Harris: Which goes back to the inspections are done annually on a schedule per fiscal year that starts October 1st.
Ms. Genther: Ok, for clarification, are they inspections that are done annually, or are they observations?
Mr. Hernandez:   Observations are being done annually, and now those are being
increased to be done through the regular monthly rainy season. Inspections are being performed in the given areas annually.

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Ms. Genther:  Ok.
Mr. Harris:  So, inspections are done once a year throughout all of the pods. Mr. Hernandez:  Yes.
Mr.  Harris:	But observations  are done during the  rainy season to see  how the
system is operating.

Ms.  Genther:

I just  wanted  to  be sure that  it was  inspections that were  done

annually  versus  observations,  and  George  thank  you for  that  clarification  as well,  it's significant.
Mr. Graupera: Right, even though my firm goes out and we check things out, we are not inspectors, because those are actual people that are certified and licensed in very specific things, I mean you have inspectors for fences, you know the permitting process, the inspectors are the ones that go out and certify that things were done properly.
Ms. Steinerts:  Are there any other additional audience comments?
Ms. Rullan: Yes, my name is Virginia Rullan and I live in Belize, and I have rented the pool area for 30 people but if it rains outside, and it's only for 30 people, and I don't know if you've rented for a party, but you're supposed to have a child to have a children's party, so it's for 30 people and it's for kids only but they can't have access to the pool, and . the kids see the pool but they can't go in.
A  resident:	She's saying, the  number  is to 30 and they went  outside and they came out to the pool, so that's what she's asking about.
Mr. Walker:	I think her concern is that, wasn't your concern that if that write up says no kids may swim.
Ms. Rullan:  Exactly.
Mr. Walker: I don't think that's the policy we have.
Mr. Harris:  Well if they're having a party, they're saying they can't use the pool?
Mr. Walker:  That's what that write up says, at least she showed it to me and that's what it had.
Ms. Genther: But if you think about it, there is the  restriction on the number of guests that can be using the pool and you can't rent the pool for a party, if I'm not mistaken.
Mr. Harris: I don't think you can.
Ms. Genther:  Luis, we can't rent out the pool, correct?

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Mr. Hernandez:  No.
Mr. Walker:	That's correct  but historically you rent that for a party and kids go swimming.
Mr. Harris:  That should be counted. Ms. Rullan:  Yes.
Mr. Walker:  That's just what we've always done. Ms. Genther:  Ok.
Mr. Hernandez: I just want to remind the Board that we're trying to  conduct business for the District. Part of what is being discussed is a rule, the rule typically is not the best time to discuss it at the public meeting. Typically, if the Board wants to discuss the cause as to that, I would recommend to bring that into the workshop section. What the rule says is written, if the Board defines that something that needs to be improved to better define the group so be it but, what is the right stand or not for the rule we have, it is not the proper time at this moment, at least that's my impression.
Mr. Walker:  Are we having a workshop today?
Mr. Harris:  Yes.

Mr. Walker: Ms. Rullan: Mr. Walker:
Ms. Rullan:

Can we have a copy of that? This?
Yes, so that when we get to the workshop we can talk about it.
Ok.

Mr. Hernandez: I think that's going to bring us to the next item. The part that I also want to remind the woman that just commented, is that items like that is not necessarily an item for the Board to be discussing until it has been discussed by staff. I don't know if you have discussed that with anyone from the club or not.
Ms. Rullan:  No, I tried to contact Alexandra but she is on vacation. Mr. Harris:  But that's only one week that she was gone.
Mr. Hernandez: Yes, last Thursday was her last day before vacation. So, when you have an issue like that you can contact me, and I gave you my cell phone number in there but, it is not that I'm trying to get out of what you're presenting, the only problem is that there are several different layers of business that we're conducting today that I need to limit as to what is the exposure of the Board of Supervisors.   So, the meeting today is
being meant for that, and what we're going to be doing is, the concern that you have, it

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will be brought up as a line item where they're going to freely be able to define if the rule needs to be modified, and depending upon how they feel about their rule, we will be getting back to you. Now, I cannot go ahead and speak in Spanish right now, but if you don't mind call me this afternoon and I will be more than happy to explain to you that part.
Ms. Rullan:  Thank you.
Mr. Harris:  And thank you for that.
Ms. Steinerts:  Are there any additional audience comments?
Mr. Torres:  So BrightView is not here, I don't think they're coming later. Mr. Hernandez: So, they're not coming?
Mr. Torres: Right, they're not coming but you know that I've been complaining for 6 months already about the cleaning behind Mirage, for 6 months nothing is done, and the last time that we saw them all day the weeds were almost 2' high, now it's 1' to 2' high.
Ms. Genther:  But they don't clean them. Mr. Hernandez:  Yes, they cleaned it.
Mr. Torres:  No, if they told you they cleaned it, they are not.
Mr. Hernandez:  They sent me pictures, I have pictures of the area being cleaned
up.
Mr. Torres:  No.
Mr. Harris:  Then there's a different area.
Mr. Torres: Nothing is being done, I'm sorry but nothing is being done. These are the pictures from yesterday. The palm trees, they are crazy, the debris from when they did the pool is still there, nothing has been done. The banana trees, it was two, they are six now.
Ms. Genther:  That's the nature of banana trees, that's how they grow.

Mr.  Torres:

Look,  nothing  is being  and the  lady that told you  before,  I, she

received a letter about the dog poop behind the fence. I was cleaning yesterday behind my fence and I cleaned my side because I was tired of it, too many mosquitoes and all this stuff, so I cleaned it myself, and the smell of the dog poop is terrible. I already sent a letter to this lady and we got into that.
Mr. Hernandez:  There is nothing we can legally do, all we can do is request for
them to do it.

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Mr. Harris:  How about your association president?
Ms. Genther:  But the problem is if it's on COD property.
Mr. Torres: Yes, it's COD property, and this is my section of my house, I cleaned it, it took me 2 days to do it, and they say they're cleaning, somebody is not doing their job and we know that.
Mr. Hernandez: As you know, I've been spending time, even personally ensuring that area was being done. I don't have with me the pictures, but the part that I can tell you is that I even have reports that the major area that needs to be cleaned up, that was cleaned up. Part of the issue that needs to be kept in mind is that most of the area that you have is filled with weeds and when it's rainy season, it grows extremely fast. So, I'm not trying to find an excuse as to what has taken place, the part that I can say is that based on minor inspections that I have made, and I'm not only dedicating to only one particular subdivision, I'm just checking all subdivisions. The part that I can state and I can say is, for the most part there has been an improvement in all those common areas. So, the fact that we haven't gotten to the 100% it does not deny that we need to push for it, but it also doesn't diminish the effort and the results that have been done. Part of the reason why BrightView is not here today is because Jenna has been assigned as the point person and she's on vacation today. Part of what has been noticed by BrightView is the fact that they have not assigned enough people to define what needs to be worked on, so they're currently right in the process of assigning a new division manager for this section, including East Homestead, South-Dade Venture, and I believe
2 or 3 more communities that are going to be  given oversight by that individual, assisting and helping Dean, who is the one that typically and technically has  been physically helping with the community because what BrightView is seeing is that the one who was giving the direction and oversight doesn't have enough time to do what is meant to be done. So, the part that we're trying to work with BrightView is from the administrative part, set in a way that we can provide the services and the way they're intended from the management side, and to give the oversight that actually gets done. Part of the problem that we're seeing is, and I'm involving myself is that requests and items are being made, the work order is being passed on but there is no one to go and check to see if the work was being done or not.   So, kind of what you're seeing right
now, is part of the final fine tuning that between BrightView and GMS is trying to work

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out so that the community will be seeing the full effect. With that being said, I have a meeting with Jose next Monday, and that will be one of the items I will be discussing with him.  Yes ma'am?
Ms. Genther: Isn't Tropical Plants and Pest Control supposed to now be in charge of the weeds?
Mr. Hernandez:  No, they do fertilization, they do pest control. Ms. Genther:  I thought they also did herbicides?
Mr. Hernandez: No, herbicide continues to be done, that's part of the contract with BrightView, they do Round Up, and all that herbicide that kills the weeds continues to be done by BrightView.
Ms. Genther:  Ok, Ithought that Rusty was taking up that.
Mr. Hernandez: What they do is pest control, and they do the fertilization.
Ms. Genther: Yes, I knew they were fertilizing, but I thought they also did the herbicide, ok my mistake.
Mr. Hernandez:  Since you and I walked it Al, I've had Chris walk it 3 times, one
when  he took some pictures and it was  more or less what you have seen and even

worse,  and then the  next two times  there was  some  improvements.

Remember  all

those palms frond that were just sitting close to the entrance, all that was removed, and I have the pictures when they removed it. So, why they don't go and finish it is the part that I don't know. It's like they come and they do only the entrances, and also from my side the one that was inspecting, why he didn't go to the area where the banana leaves are, which is almost in the middle, and that's what I don't know.
Ms. Genther:  Because it's on private property maybe. Mr.  Hernandez:  No, it's on the COD property.
Mr. Harris: If we kind of end this conversation so that Al doesn't get his blood pressure higher than it is already, you're hopefully going to find a solution, and as a Board member speaking from just myself, I would be very upset if you came to the next COD Board meeting and you didn't have a smile on your face and say that this had all been fixed because this has gone on long enough for 6 months and that is not acceptable and this needs to be resolved now.
Mr. Hernandez:  Yes.

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Ms. Genther:   Weren't we going to

send a letter to the homeowner who did the

debris from the pool build to  say you need to clean  this up, and if you don't get it cleaned up then we will charge you? So, that may still be in the process of happening, I don't know.
Mr. Hernandez:  At this time?
Ms. Genther:  Well, I don't know when the letter was sent. Mr. Hernandez:  At least 2 months ago.

Ms.  Genther:

Ok, but  if I may, that  kind of falls  back on  us, not  BrightView

because they were told, well we, the Board, took over the responsibility at least for that part of it, the debris from pool build, so it was up to us to follow through on that and I'll blame it on Hurricane Dorian that we didn't follow through, look 185 mph winds and if the pool site was on my house, nothing else was going to get done.
Mr. Harris:  There were no winds here.
Mr. Hernandez: And once again, it's just to keep people informed, it's not to find an excuse and I don't want it to be perceived as an excuse but, the fact that you have a potential hurricane coming, it means that you need to get prepared for it.
Ms. Genther:  Yes.
Mr. Hernandez: So, we got lucky that it didn't show up, and we got lucky that the facility was opened, but the fact that everything ran smoothly is because there was individuals behind it making sure that everything was working as needed so that if it were to be coming, we would have been prepared, so I think that is important to have the record reflect that.
Ms. Genther: And I'm not trying to say, and first of all I agree with you, things were in place because you and I met the day before.
Mr. Hernandez:  It was Friday, and I was here on Saturday.
Ms. Genther: Right, so we met right up to that point to coordinate that everything was done but, I'm not trying to say that there's not some bailing going on, all I'm saying is that we need to follow up on our side of this cleanup thing too, that's all, and we will.
Mr. Hernandez:  Ok, so sorry Al, I will continue working on it.
Mr. Torres:  Ok.

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THIRD ORDER OF BUSINESS

Consideration of Eighth Amendment

to

Agreement

with	BrightView

Landscape Services, Inc.
Ok,  item  No. 3 on the  agenda  is consideration  of the  eighth

Ms.  Steinerts:

amendment to the agreement with BrightView Landscape Services, Inc.
Ms. Genther:  I had a question about that. Mr. Hernandez:  Ok.
Ms. Genther:  I'm not sure what this is.
Mr. Harris:  This was the adjustment for the fertilization and pest control. Mr. Hernandez: And to revise the contract with Portovita.
Mr. Harris:  Yes, and Portovita right.
Mr. Hernandez: Because Portovita was initially addressed, and the entrances were not included, and at the time we were ready to include the entrances there was a revision being made and presented  by Lennar where the original statement  that they

indicated  was  wrong.

Originally,  we  were  told  that  the  District  was  going  to  be

responsible for all the green areas, including up to the road, adjacent to the wall from 152nd, Mowry Drive, and 157th or whatever is the one at the end of community.
Mr. Harris:  Right.
Mr. Hernandez: Then, later on as we were moving forward with the issue, it was found that  in reality the District is only responsible from the sidewalk in, all the parts from the sidewalk to the road is the responsibility of the city. So, that cut a lot of the cost that was initially presented, and what this document deals with is with those two factors to clear up and have everything included, so your questions are?
Ms. Genther:  Clarification about who's taking care of the annuals? Mr. Hernandez:  The annuals?
Ms. Genther:  Yes.
Mr. Hernandez:  BrightView.
Ms. Genther: Ok so we're sure that Rusty is not going to do it, it's going to be left to BrightView, Ijust want to be clear on that.
Mr. Hernandez: The only part that Rusty does is the fertilization and pest control, so if the fertilization for the plants require him to be preparing something for the beds, that's the only part where you'll be getting them both but, the flowers themselves are still
coming from whoever BrightView is using or picking for that purpose.

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Ms. Genther: But our annuals have been looking like they're on steroids for the last couple of years because of how Vince has been fertilizing them, and that's what I was hoping would continue.
Mr. Hernandez: Let me tell you this, Vince is not a certified fertilizer, he's no chemist. Now he can provide as many comments as he has, and provide as much opinion as he wants, but we have hired a company that all they do is mix and prepare fertilizers. So, whatever he has done to start and I didn't know that, it is illegal for a person to be mixing fertilizers unless you're licensed. So, if he's mixing it, I don't want that to be on the record.
Ms. Genther: I don't know that he's mixing it, or it's how he's applying it, I have no idea.
Mr. Hernandez: The second thing that I can tell you is that the person who we hired for it specializes in just having fertilization taken care of. Part of what is going to be done is that at the time that we prepare the beds, Vince and Rusty will be talking to them, and whatever Vince has been doing will be taken into consideration.
Ms. Genther: Well, I don't want it just to be taken into consideration, our annuals have been gorgeous the last few years.
Mr. Harris:  I don't think you can tell them.
Ms. Genther: Well, this was one of the things that I talked about when we talked about hiring Rusty to begin with.
Mr. Harris: Yes, but I don't think you cannot allow a certified chemical fertilizing expert to not try something different, or accept what he's been doing.
Ms. Genther: Are you willing to have our annuals decline? Are you willing to take that risk?
Mr. Harris: I'm willing to have the expert tell us what should be done, there might be an alternative.
Ms. Genther: To me, my thinking is if it's not broken, or if it's working don't break it, or don't try to fix it, because right now we've got something that's working.
Mr. Harris:  Then how do you separate the annual fertilization from the rest of the
fertilization that's needed for the community?

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Ms. Genther: The same way they've been doing it all along, they fertilize the flower beds, they don't fertilize the turf with what they put in the flower beds, I wouldn't think.  Well, you've been on the drives and you've heard Vince talk about it.
Mr. Harris: No, I know, I said I wouldn't think either, I agree with you but, as I said, how do you separate one from the other, if we've got a contract that includes all of the landscaping.
Ms. Genther: And this was a concern that I expressed when I specifically had asked about that to get excluded from Rusty's contract and it was, oh  ok we  can exclude it from the contract but then it was like, oh maybe not, and now I'm seeing that BrightView out of the fertilization and I just want clarification. I'm concerned about that look of the annuals because we went a few years with annuals not looking good.
Mr. Walker:  Have they declined so far? Ms. Genther:  It hasn't been changed yet.
Mr. Hernandez: The only way you can manage something is by quantifying it. So, let me quantify what would be the cost that is incurring in fertilizing the beds for the flowers. Let me define what the cost is that BrightView is going to be claiming that they spend fertilizing and as long as it's comparable I won't have any problem taking the administrative steps of how we're going to go forward, so that's one section. The other part that I don't want the Board to be getting themselves involved in is with the facts of why we're hiring companies for. We're hiring the company to sell us some flowers, and they provide some warranty, and if they don't work for whatever reason it is, the warranty still needs to be available, so that's the number one step. If they're going to agree to plant them and the fertilization starts to fail for whatever reason, let the two vendors pick a fight, that has nothing to do with the District, and it's the part where I try to allow people to do their work, if not, everything would become unmanageable. My biggest concern is not of flowers that are failing, but my biggest concern is when areas need to be cleaned, they clean it, and service that needs to be given, are being provided.
Ms. Genther:  Well, that is a different issue, yes.
Mr. Hernandez:   But still, we need to give priorities and the priorities are defined
as to how easy it would be for us to determine it.  So, I completely agree with you that anything that can proactively be done so that we don't have problems with the flowers,

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will be done but, at the same time, it gives us the
we all see it right away.

easiest steps that is unnoticeable that

Ms. Genther: Well, and this is one of the things for me because the appearance of the annuals is one of the things that gives us such a huge impact when you come into the community. You can't help but see them, people take pictures of their children in front of our annuals, they've just been spectacular,  and I'd hate to lose that, and that was why I had expressed it before and then I saw the contract and I was like, now I'm confused, and then also reading in the minutes, it was confusing, and I just wanted to clarify that our annuals are going to continue being spectacular.
Mr. Hernandez: And I think that respectfully you are mixing two different items, one is the fact of having a contract with the vendor, and another one is your concern with a particular specific service. The particular specific service as I indicated, it could be controlled and managed through management steps and administrative steps. The contract itself, all it gives us is the powers to define who is doing what.
Ms. Genther:  Exactly.
Mr. Hernandez: If, once again, from the administrative side, if it is defined that it could ensure that further process of the annuals is going to be better served  by providing and paying for fertilization directly to BrightView, then the administrative steps will be taken, but that has nothing to do with the contract.
Ms. Genther: No, but it does, that is part of the contract, it's taking care of the annuals, right, and I don't mean to go back and forth and being argumentative but, if the contract says I'm not doing fertilizing in this contract, and this contract says I am doing fertilizing, then the people over here shouldn't be doing fertilizing. The people over here being the first contract, that's all I'm saying, and so I just wanted clarification on that because I had expressed this concern. I'm on the record as having expressed my concern, and we'll see how it plays out, we'll see what happens with our next set of annuals.
Mr. Walker:  I have a question regarding the dollars. Mr. Hernandez: Yes sir.
Mr. Walker:  The new adjusted compensation is $26,640 annually for taking care
of Portovita, if I'm reading it correctly.

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Mr.  Hernandez:

Including  Portovita  it  would  be $27,867  that's  the  total,  the

monthly fee, the total annual for this contract is $334,414.
Mr. Walker: Alright, I'm lost I guess, but that's the total contract, but Portovita part is going to $26,000 correct?
Mr. Hernandez:  This is the way you explain it, so Portovita is $18,273.89. Mr. Walker:  That is just the fertilization, right?
Mr. Hernandez:  Yes, $2,220 per month.
Mr. Walker: Right, which is $26,000, so here's my question, is that in line with what we approved for annexing them, or however the proper term would be stated into the COD? Do you have a projection of what we would spend over there, and is that in line with what we approved?
Mr. Hernandez: We are continuing to be in line with what we had, yes. It is within the amount that we estimated, and we not only included Portovita but we did it in the budget that was already adopted.
Mr. Walker:  Ok, thank you.
Ms. Genther: But Steve brought up another point, and it's somewhere in here where the statement was made that the city would be taking care of all of the swales in Portovita.
Mr. Harris:  Yes.
Mr. Walker:  Do you mean the center divider?
Ms. Genther:  No, the swales, all the sides of the roads.
Mr. Hernandez: If you see that's in the 7th amendment, and if you go back to the exhibit, the 7th amendment was for $900 a month, and it was a total of $10,800 a year, that  was  the  portion  for  the  swales,  and  that  has  been  taken  out  with  this  final
amendment.

Ms.  Genther:
community?

But  is  it the  swales  outside  of  the  community,  or  inside  the

Mr. Hernandez: The swales, and it was the part where I made the first statement that while you were walking back to get your water, that the District is only responsible from the sidewalk in, all the way up to the wall.
Mr. Walker:  And that's for $26,000.
Mr. Hernandez:  Plus the 3 entrances, they have 3 entrances.

15

September 13, 2019

East Homestead CDD

Mr. Walker:  Right.
Ms. Genther: And I know where I found it.
Mr. Hernandez: Where the swale refers to the sidewalk all the way to the road, that one is part of the responsibility of the city that initially we were being told that it was going to be the COD, and it was driving us a little bit out of the original estimated amount.
Mr. Walker: So, the city, to summarize what you just said, the city is taking care of the center divider here.
Mr. Hernandez: Not only the center divider but it's also the swale that goes from the road to the sidewalk.
Mr. Walker:  Ok.
Mr. Harris:  But the center divider, they already do the center divider. Mr. Hernandez: Yes, they have been doing it.
Ms. Genther: The reason I had brought it up, I know where I saw it, it's in the field manager's report where it says, all swales within the Portovita parcel will be maintained by the city.
Mr. Hernandez:  Yes, because there is nothing, inside is BrightView. Ms. Genther:  But it says, all swales within the parcel.
Mr. Hernandez:  Got it.
Ms. Genther:  It shouldn't say that, and that's why I was confused.
Mr. Hernandez: At the time that was created, the way my office saw it, Portovita is outside of the wall. The only part that the District has within that community that is inside is the lake, other than that, we don't have anything else.
Mr. Harris:  And the drains.
Mr. Hernandez: The drains, well it would eventually be passed on, but as of yet it hasn't been passed on, and the easement around the lake but, other than that, the District does not have any, and that map is actually being corrected to include all that but, part of the problem that George has been facing is that the transfer hasn't been made yet.
Mr. Harris:  Ok, so you don't know what you're going to take.

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September 13, 2019

East Homestead COD

Mr. Hernandez: Right, so when it takes place it will be done, but just to correct that, you are absolutely right, the statement was a general statement when it should have indicated the outside part of the wall.
Ms. Genther:  It was just confusing to me. Mr. Hernandez:  Not a problem.
Mr. Harris:  And I could see how, so I agree with you.
Mr. Walker: And things that are transferred are not always necessarily functioning as they should so obviously, we need to be diligent prior to acceptance to make sure everything is working properly.
Mr. Graupera: Well, that's why they haven't been transferred yet, we're not going to allow the COD to take ownership of say the lake tract until at least all the homes around there have been constructed and there's no construction  debris and that the future District property isn't negatively impacted by construction around there, so we're on it.
Mr. Harris: So, they will observe it but the inspection will only happen prior to us taking over responsibility of that.
Mr. Hernandez: Yes.
Mr. Walker:	Ok, thank you.
Mr. Hernandez:	So, unless you have any other questions a motion to approve

the consideration of the amendment

to the agreement with  BrightView for  landscape

services  would  be  in  order  and
officials to execute the document.

by

making that

motion

authorizing

the

appropriate

17

On MOTION by Mr. Harris seconded by Ms. Genther with all in favor, accepting the Eighth Amendment to Agreement with BrightView Landscape Services, Inc. and authorizing the proper District officials to execute the document was approved.

East Homestead CDD

September 13, 2019

FOURTH ORDER OF BUSINESS

Ratification of Agreement  for Use of Oasis Clubhouse Facility as a Polling Place

Ms. Steinerts:	Item No. 4 is the ratification of an agreement for  use of Oasis Clubhouse facility as a polling place, and this is with the Miami-Dade County Supervisor
of Elections.

FIFTH ORDER OF BUSINESS

Consideration	of Agreement	with CDI Including Portovita

Ms. Steinerts: Item No. 5 is a consideration of an agreement with CDI for doing business as Christmas Designers as you know them, for holiday lighting for the years, I believe this is 2019 through 2023 and it includes Portovita.
Ms. Weil:  I'm sorry, could you please speak up, I'm having difficulty hearing you, I can't hear.
Ms. Steinerts:  Yes, it includes Portovita.
Mr. Walker:   This is about Christmas decor in Portovita, holiday lighting, excuse
me.
Ms. Weil:  Thank you.
Ms. Genther:  I have a question. Mr. Hernandez:  Sure.
Ms. Genther: Did the owner ever provide us with a suggested discount if we did a pre-Halloween installation?
Mr. Harris: That Ithought was part of this proposal, right?
Ms. Genther: He had said that he would give us that information and that he would give us a discount if we would let them go ahead and put the stuff up before Halloween, and I don't think he ever got back to us on that.
Ms. Steinerts:   I think this agreement has one price, there's no change from year
to year.

18

On MOTION by Ms. Genther seconded by Mr. Harris with all in favor, ratifying the agreement for use of Oasis Clubhouse facility as a polling place was approved.

September 13, 2019

East Homestead COD

Mr. Harris: But didn't it show it being done, and I'm not going to try and find the page but I thought it was being installed prior to Halloween, if my memory serves me right.
Ms. Steinerts:  It is in here I know. Mr. Walker:  I remember that as well. Mr. Harris Yes, I do too.
Ms. Genther: But I remember this as kind of being the price that it was on the agreement.
Mr. Harris: That I don't remember.
Ms. Genther: And he had talked about that maybe he would give us a discount if we let them install early.
Ms. Steinerts: If I recall the prior agreement had an increase each year, a slight increase, and this one doesn't.
Mr. Hernandez:   It's a fixed one, and it gives multi-year discount of $7,494 to be
exact.

Mr.  Walker:
discount.

That's  a  multi-year  discount,  it's  not  an  install  by  Halloween

Mr. Harris: Right, which is what Susie is asking. Ms. Genther:  His name is Joe, is that correct? Mr. Hernandez:  Yes;
Mr. Walker: Well, we could approve this subject to Luis verifying that. Ms. Genther: Well, if we approve it, why would he give us a discount? Mr. Harris:  But he doesn't know that until Luis talks to him.
Mr. Hernandez: Why don't we do this, the Board approves it pending to Susie's confirmation and comfort with the agreement and as we get to finish this meeting, Susie and I will be calling Joe Campbell which is the name of the gentleman and we get it resolved right there because all I know is that I received the copy that we used and Christmas Designers has signed it and that's as much as I know. So, in order to expedite the process, and move on with what we have, my suggestion would be for the Board to accept it.   It's within the numbers that were provided and after we finish the
meeting everything will be pending, and Susie is the one who is going to be signing it so

19

East Homestead COD

September 13, 2019

if she's comfortable with it she will be able to finalize that, and if not, we just go ahead and bring it back to the next meeting.
Ms. Steinerts:	If you look at the page that says general terms,  it's after each
area.
Mr. Harris:  What page is it?
Ms. Steinerts: Well, I don't have a page number, well I guess you would call it page 10 of the proposal, it's after each area as a separate page proposal and it's the general terms, and it provides that lighting may be installed beginning the second week of September with other jobs in the area.
Mr. Harris:  Well, I think it's worth having it discussed.
Ms. Genther: The bottom line is, we like the company, and we're comfortable with this price, but he did offer a  discount if we'd let him put the lights in before Halloween.
Mr. Hernandez:  He may have forgotten about it. Ms. Genther:  Well, we'll remind him.
Mr. Harris:  Right.
Ms. Genther: And I'm on the record I realize but this would not be a make or break deal for me, I'm just saying if we could save some money by having the lights put up or the stuff put up, all the decorations put up early.
Mr. Harris:  But Luis' comment satisfies that question. Ms. Genther:  Yes.
Mr. Hernandez: Well if you are not satisfied for any particular reason coming back to the next meeting in October, it's going to be too late so I think let's make it that she will be tailoring and defining with the vendor what needs to be done for the benefit of the community.
Ms. Genther: How about if you say it this way, we will approve this in the amount not to exceed the $53,668 or whatever it comes out to, so approving to not exceed that, and then if we get it for less than that, so much the better, but I don't think we're not going to take the contract at this price.
Ms. Steinerts: And it is a multi-year agreement but you can terminate  it if you wanted to, so you're not tied in for the multi-year agreement.
Mr. Walker:  Can you word the motion then?

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September 13, 2019

East Homestead COD

Mr. Hernandez: What I would suggest for the Board to approve would be a motion to approve the service agreement with CDI Enterprises, LLC acting as Christmas Designers in an amount not to exceed $53,668 and by approving you would be authorizing the appropriate officials to execute it, so you're just giving us a maximum
amount, and Susie and I will do our best to obtain the discount.

Mr. Hernandez:  Thank you.
Ms. Steinerts:  We will recess the meeting and move into the workshop portion of the meeting.

Segment II: Workshop Section
(At this point the Board went into the workshop section to discuss the following items)

A.

Consideration of Minutes of the June 14, 2019, July 12, 2019 and July 31,
2019 Meetings
Gym Improvement Project and Timetable
Updates on Status of Any Projects and Workshop Items

B.
C.

Segment Ill:
SIXTH ORDER OF BUSINESS

Authorization

or

Approvals

Requiring Board Action for Items Discussed During Workshop
Approval of the Minutes of the June 14, 2019, July 12, 2019 and July 31, 2019 Meetings
Any Other Approvals
Mr. Hernandez: Coming back on the  record, the first item that we have will be consideration of the approval of the minutes of June 14, 2019, with the corrections that were made on pages 3, 7, 11, 35, 51 and 52, also we have consideration of the minutes for July 12, 2019 with corrections that were made on page 21, 24 and 26, and lastly we have consideration of the minutes from July 31, 2019 with corrections that were made on
page 2.  A motion to approve with all the indicated changes would be in order.

21

On MOTION by Ms. Genther seconded by Mr. Walker with all in favor, accepting the Service Agreement with CDI Enterprises, LLC for holiday decorations in an amount not to exceed $53,668 and authorizing the proper District officials to execute the document was approved.

September 13, 2019

East Homestead COD

Mr. Hernandez: Moving on, at the next meeting we're going to be considering the use of the pool while renting the gazebo. The District is going to include that as a line item, and the District is going to be discussing internally with staff if there is a need for any type of release from the users. The District has requested to get a public records request for all the permits on the property that have extended into the District's property on Capri and for the adjacent properties that were being used by the developer as the sales center and model homes to do a survey in the amount not to exceed $3,000 would
be requested.  Ijust need a motion to approve the expenditure.

Mr. Hernandez: Moving on, the next item that I have is, and I will make all this as part of the same agreement since it is the same vendor. It would be with Ortiz to do the fountains for lake #9 and lake #3. The fountain on lake #9, the total amount is $34,200, and lake #3, the fountain will be $18,597, and the electrical cost for them will continue to
be the same, $20,000, $10,000 per fountain.

22

On MOTION by Ms. Genther seconded by Mr. Harris with all in favor, accepting the two proposals from Ortiz Construction to install a fountain  in lake #3 for $18,597 and lake #9 for
$34,200, and the electrical hookup for $10,000 per fountain as discussed in the workshop was approved.

On MOTION by Mr. Harris seconded by Ms. Genther with all in favor, authorizing a not to exceed amount of $3,000 to obtain a survey for the properties that were used by the developer as the sales center and model homes  as discussed in the workshop was approved.

On MOTION by Ms. Genther seconded by Mr. Harris with all in favor, the Minutes of the June 14, 2019, July 12, 2019 and July 31, 2019 Meetings with the indicated page changes as stated on the record by Luis Hernandez and discussed in the workshop were approved.

September 13, 2019

East Homestead CDD

SEVENTH ORDER OF BUSINESS

Staff Reports

Mr. Hernandez:   Moving on we have staff reports, Vanessa anything you need to
present?

A.

Attorney

Ms. Steinerts:  No thank you.

B.

Engineer

Mr. Hernandez:  The engineer has already presented his report.

C.

Club Manager - Monthly Report

Mr. Hernandez:  Moving on to club manager, Alex?
Ms. Garcia: Ok, so there's the regular report in the agenda, where you have the monthly report and there is nothing out of the ordinary in that. Then in the club manager's report, and there are two things, the water was out for an hour in the area.
Ms. Genther:  That was a city pipe break.
Ms. Garcia: Yes, and then we also closed a little earlier and opened 2 hours later due to the hurricane that thankfully missed us.
Ms. Genther:  I had a question about that though. Ms. Garcia:  Yes.
Ms. Genther: Because the way it was written, it was closed early and then opened late due to weather, and we didn't have any weather.
Mr. Hernandez:  No, but I can explain because I was the one involved in that.
Ms. Genther: Ok, and that's all the explanation I need, as long as somebody gave approval for that because we literally had like one gust of wind and that was it.
Mr. Hernandez: At the next meeting we're going to be spending more time on that because we have gone further than what we usually do, but we need to go back to hurricane preparedness and how those priorities are going to be set. Since there was no given rule, I personally took the steps that I was covering from beginning to end as to what parts were being done. The part that I took as an important factor is what the Weather Channel was indicating could be taking place and another determining factor is,
number one the facility was opened Saturday, Sunday and Monday, and Monday when I

23

September 13, 2019

East Homestead CDD

authorized to close  it, there was  a potential for  a big rain event to take  place on that evening and early the next morning.
Ms. Genther: Ok, and honestly you didn't need to explain that, I just needed to know that it wasn't some decision that was made here by the staff who decided oh it's cloudy and we're leaving.
Ms. Garcia: Ok, and then the other thing was to have the Little Swimmers sign in and the Oasis Clubhouse pool attendants that we're doing every month. We also started a check list for our hanging templates for our staff so whatever they do, as we talked about at the last meeting, so that's implemented, and I don't have it here but it's at the front desk. Then the last thing, the most important thing that I have is for the Halloween event, and this is the flyer that we put together, the color is horrible I'm so sorry, I don't have any ink but obviously it's going to be a better color and that's the original date that we had picked.
Ms. Genther:  We picked a Sunday?
Ms. Garcia: Yes, but we can change it, but that's the one that we originally had selected, and that's what I had on the calendar.
Mr. Hernandez:  Why don't we review it?
Ms. Garcia:  I would think it would be better to do it on Saturday. Ms. Genther:  Yes.
Mr. Hernandez:  What date do you have currently? Ms. Garcia:  The 27th.
Ms. Genther:  Ok, so here we go, look I have the 26th in my calendar. Ms. Garcia:  Ok, so then we can change that to the 26th.
Mr. Hernandez: In my eyes it makes more sense to have it on the 26th. Ms. Garcia:  Yes.
Mr. Harris:  Yes because of school and stuff.

Mr. Hernandez:   Yes, and not only that if it goes a little bit longer, the need to go to school on the next day.
Mr. Harris: Right, and 7:00 to 10:00 p.m. on a school day. Mr. Hernandez:  Ok.
Ms. Genther:  Ok, so we'll change the date.

kids don't

24

September 13, 2019

East Homestead CDD

Ms. Garcia: Yes, we'll change the date to Saturday and then we did talk with Patricia Fairclough from the City of Homestead, and she got some donations for the back to school event and she's going to be getting more donations also.
Mr. Harris:  Ok, next.
Mr. Hernandez:  Do you need anything approved by the Board? Ms. Garcia:  No.
Mr. Hernandez:  Ok.

D. Field Manager - Monthly Report
Mr. Hernandez:  Moving on to field manager, I think that is self-explanatory.  There is only one item that I do want to highlight because of all the emails that went back and forth, there was one subdivision Bimini where an alligator was seen and when they saw it, someone from the  management company was not expected for the COD to take any actions, the COD approached them and I said we provided them with all the phone numbers to call Wildlife, and they were not happy, nor satisfied, they were kind of pushing that they wanted the COD to do something. The only thing is we made sure and went to confirm that all the signs were stood up and in fact we confirmed that everything was being presented as indicated. At the same time, I do want the Board to keep in mind, we have been given oversight on that in Barbados that the developer is constructing and creating some damage to the grass, and we're keeping an eye on that. The developer is aware of it and I'm just letting them finish damaging it and before they leave, they need to come back and restore all that back to normal. The last item that I have for the field report is in the community on the other side which is Atlantis, there is a guardrail that covers and protects the lake and for some reason it was destroyed.
Mr. Harris:  It had to be a heavy machine.

Mr.  Hernandez:

But we  don't  have  anything  to  prove who  did  it, and  I have

decided to go ahead and bite the bullet, I have another District that has the same situation, and it will cost $1,800 to get that resolved but, if anyone were to have an accident in that area, I would rather go ahead and fix it. So, it will be replaced, and if it hasn't been done, it will be finished sometime soon.  The last item that I have is for the
field  manager's  report,  and  there  is  a  proposal  the  District  has  received  to  plant

25

East Homestead CDD

September 13, 2019

seagrapes at the inside of Martinique.   The total cost of the proposal is $7, 176.06, yes ma'am?
Ms. Genther: If I may along that line, first of all it was my understanding it wasn't going to be just at Martinique, they were going to be kind of spread out throughout the community, so that was one thing but, I'd like us to find an alternate tree, seagrapes get huge, they're really messy trees and they're going to plant them behind people's homes that have lake views which is one thing that I have heard.
Mr. Hernandez: No, not only that, the part that concerns me is that part of the area when it was being requested to plant it, is Martinique who was just cutting the trees because they're hitting the street lights. So, if you want to approve a not to exceed amount we can do that.
Ms. Genther: No, I would like to find a different tree, I don't want seagrapes in there at all.
Mr. Hernandez:  Ok, so get other options. Ms. Genther:  Yes, if we could.
Mr. Hernandez:  Ok, you got it.
Ms. Genther: Ok, and while Steve is still here please let me say this because I want Steve to hear this, we don't have to discuss it today but I want you to hear it. I have revisited my positon on restricting guest's participation on our holiday days and I may have a valid argument for saying we should actually not do that anymore, but I do have other reasons for my viewpoint and I would like for the Board to discuss it and we have plenty of time before the next meeting.
Mr. Hernandez:  So, you want to include it as a line item? Ms. Genther:  Yes, at the next meeting.
Mr. Hernandez:  And you want it to be discussion of guest policy during holidays? Ms. Genther:  On the summer holidays is the easiest way to put it.
Mr. Hernandez:  Alright.

E. CDD Manager
Mr. Hernandez:  As for the COD manager's report, I have nothing to report.

26

September 13, 2019

East Homestead CDD

EIGHTH ORDER OF BUSINESS
A. Approval of Check Run Summary

Financial Reports

B. Balance Sheet and Income Statement

Mr. Hernandez:

Moving on to financial reports, Tab A contains the check run

summary, and tab B has the balance sheet and income statement.	Is there a motion to
approve?

NINTH ORDER OF BUSINESS
Mr. Hernandez:	Are there any
move to the last item.

Supervisors Requests
Supervisors requests?	Not hearing any, we can

TENTH ORDER OF BUSINESS

Adjournment

Mr. Hernandez:
would be in order.

Unless there are any other Supervisors items, a motion to adjourn

chaiITllan/CeChairman

27

On MOTION by Ms. Genther seconded by Mr. Walker with all in favor the meeting was adjourned.

On MOTION by Ms. Genther seconded by Mr. Walker with all in favor, the Check Run Summary and the Balance Sheet and Income Statement were approved.