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 September 24, 2021 at 9:00 a.m. at Tuscany Village Clubhouse, 12801 SW 133rd Terrace, Miami, Florida.

Present and constituting a quorum were:

Jesus Hernandez Sergio Valdes Betty Fayad

Also present were:

Luis Hernandez Ginger Wald

Chairman Vice Chairman
Assistant Secretary

District Manager District Counsel

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

SECOND ORDER OF BUSINESS	Organizational Matters
A.	Consideration of Appointment of Supervisor to Unexpired Term of Office for Seat #3
B.	Oath of Office for Newly Appointed Supervisor
C.	Election of Officers
Mr. Luis Hernandez: Item #2 is Organizational Matters. Just reminding the Board that there is a vacant seat. Does the Board have anyone to appoint?
Mr. Valdes: No.
Mr. Luis Hernandez:	Not having anyone at this time, we will be tabling the Organizational Matters items.

THIRD ORDER OF BUSINESS	Approval of Minutes of the June
25, 2021 Meeting
Mr. Luis Hernandez: Item #3 is Approval of Minutes of the June 25, 2021 Meeting. Unless anyone has any changes, corrections, additions, or deletions, a motion to approve the minutes would be in order at this time.

On MOTION by Ms. Fayad seconded by Mr. Valdes with all in favor the Minutes of the June 25, 2021 Meeting were approved as-presented.

FOURTH ORDER OF BUSINESS	Public Hearing to Adopt the Rules
A.	Motion to Open the Public Hearing
Mr. Luis Hernandez: The next item is the Public Hearing to Adopt the Rules. I don't know if we are ready for that step, although, let's follow the process and I will be guiding everyone as to the latest concerns and items in regards to the rules and regulations. The first action we need to take is to open the public hearing, so I will just need a motion from the Board.

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

B.	Public Comment and Discussion
C.	Adoption of the Rules
Mr. Luis Hernandez: The first part that I need to indicate is that we don't have any public with us today, despite of the fact that a copy of the agenda has been posted as requested, the advertisements have been maintained, and a copy of everything we are discussing has been made available to anyone who requests it. The second part, if we go to the rules, despite of what was originally discussed, there are four items that I want to discuss and present. If you go to the rules and regulations, the part that is being presented and questioned is 1.7.3, which is page 3 of the hardcopy and page 35 of the digital copy. What you are going to be seeing that 1.7.3 is talking about is in regards to the personal trainer. What has occurred, and the reason it has been requested for this to be removed entirely is because in the past, it has been a nightmare to try to control what the trainer is doing. If someone were to bring in a trainer, people around them start asking what needs to be done so you don't know to whom should be charged or whom the individual is actually training. Many times what is kind of being abused is that the trainer ends up working out trying to escape from paying the fee. So, if the trainer is going to be coming to exercise, they become a guest, not a trainer, and that is the part that in order to avoid duplication and a definition that is difficult, the suggestion is to remove the part about the trainer entirely. I don't know if you want to add anything else to that, Sergio?

Mr. Valdes: No.
Ms. Wald: Was that part of the advertisement?
Mr. Luis Hernandez: No. That will need to be advertised. That is the reason I am going to be presenting the items that have been discussed, and if needed we will re­ advertise. I just want to have one clean document that everybody has seen and had the opportunity to discuss. Following right underneath that, 1.8 deals with membership. Part of the point that was made is that sixteen year old kids can only come to the gym or pool if they are accompanied by an adult that is eighteen years old or older. The reason that we want to emphasize on that is because in the past, especially keeping in mind that we have the other pool, when a sixteen year old kid is allowed to be considered as a member and can enjoy the pool, in the past it has been abused because typically they will come with friends and it becomes a matter we cannot control. Instead, when they are eighteen years old, they handle things in a different manner. It makes a difference for management. So, the part in 1.8 that says sixteen with a waiver, what needs to be added is a part that also says that any sixteen year old kid needs to be with an eighteen year old individual at all times.
Ms. Wald: "Membership cards: A Membership Card shall be issued to each Member, Annual Member, Supplemental Member, and Immediate Family member who is sixteen (16) years of age or older."
Mr. Luis Hernandez: That should be eighteen.
Ms. Wald: So, you want to make that change to eighteen?
Mr. Luis Hernandez: Yes. We don't want a sixteen year old kid to be able to consider themselves members.
Ms. Wald: This is giving them a Membership Card. So, if they have a Membership Card and are sixteen or seventeen, they basically can go anywhere they want.
Mr. Valdes: A sixteen year old can be there with an adult eighteen or older. When they turn sixteen, there is a waiver form that their parents can sign saying they are okay with them using the gym. The bottom line is that they get an ID that says they must come with an adult that has an ID also.
Ms. Wald: Right, which is why you need to change it from sixteen to eighteen because a sixteen year old cannot be there by themselves.

Mr. Valdes: That is fine. I am also letting the Board know that if you have a sixteen year old, you can bring them and if you sign a waiver so they can be authorized to use the facilities if they have an ID.
Mr. Luis Hernandez: The next one we have is on page 36, 2.7, which is Minors. For those who are looking at the electronic copy, you can see it is marked up in red, the portion that initially says without adult supervision. Once again, the part that we want to emphasize is that we want any sixteen year old using the pool or gym to be with an adult all of the time. The reason is what I stated earlier so that correction needs to be made.
Ms. Wald: This doesn't make sense then, the way it is written. It should refer to minors as any person under the age of eighteen then and that they can use the fitness center and pool with adult supervision only. I will rewrite these to what we are discussing so that it will be incorporated, and we will define minors as any person under the age of eighteen and not younger than sixteen years of age. Some of this is repetitive and can be removed. I will rewrite this now that I understand what you want.
Mr. Luis Hernandez: Other Supervisors, if you have any comments, please jump in. Right now, we are just going through the items that we found important to be corrected so that the rules match what management intends on doing and enforcing. The next one we have is 5.1 on page 38. The intent is to remove 5.1, 5.2, and 5.3. The reason is because all of the assessments are being collected on the tax bill, and therefore these are not applicable, so why have these. So, all of that needs to be taken out.
Ms. Wald: Yes.
Mr. Jesus Hernandez: What about the kids park?
Mr. Luis Hernandez: The kids park is part of the public improvements from the developer. There are no rules for it, but the part I can tell you from the COD side, what we can control is hours of operation. We cannot control or mandate that it is just exclusively for residents. Once it is open, it is open to the public, so whomever comes within the time that it is open is allowed to. There have always been concerns, though.
Ms. Wald: Are we having any problems with that?
Mr. Valdes: No, but can we add something to the rules and regulations about it so we can prevent teenage kids from hanging out there and breaking things? They are not supervised and they are doing things that we would prefer they shouldn't.

September 24, 2021	South Kendall COD

Ms. Wald: What we are discussing is only for the club. If you want to also have park rules, because we are going to have to redo an advertisement again, anyhow, and we can have a separate thing for the park, but you have to tell me what you want there.
Mr. Valdes: For the parks, I don't think we have anything. We just open and close it, but they are not supervised.
Mr. Luis Hernandez: I have seen it when it is closed, people don't even try to get in. I have been in communities where they lock it and if the fence isn't too big, people will still go in.
Mr. Valdes: All of this was done by Lennar and they didn't have anything adopted.
It was just there.
Mr. Luis Hernandez: The next one is 7.8, which is page 40 of the scan book. This one is about restrictions. In these restrictions, it is showing that originally food was permitted at the pool. In reality, management is asking for food to not be permitted. Part of what needs to be maintained is that this facility is surrounded by members' homes and they are within walking distance from the pool. In the past, allowing people to bring food in has created problems rather than solutions. If they want to eat outside of the pool area, that is not a problem, but letting and allowing people to bring food in, we don't believe is appropriate, and that is the reason we have crossed out that in 7.8.
Mr. Valdes: I thought we had also agreed to change 7.6, Aqua Classes?
Mr. Luis Hernandez: If you choose to have some clubs, they have some entities that teach kids swim lessons. There are a few companies that come and offer both members and nonmembers kids how to swim. We have never implemented that here, but ii doesn't mean we need to do anything, which that is why I personally don't have a problem with it. The next one we have is 8.5, which once again has to do with minors. I think we have already covered that. Then we have 8.6, that needs to be taken off completely, as does 8.7. Those are all of the changes we have. Sergio and I spent a good time going over these, but if anyone else has any questions or comments, as Ginger has indicated, we will need to readvertise the changes, so this would be the time to make any other changes. So, do we have enough information, Ginger?
Ms. Wald: I will rewrite this and get it to you so we can readvertise those additional sections, and set it up for the next meeting.

D.	Motion to Close the Public Hearing
Mr. Luis Hernandez: With that being said, and understanding that we will be readvertising the public hearing for the rules, At this time, I will just need a motion to close the public hearing.

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

FIFTH ORDER OF BUSINESS	Staff Reports
A.	Attorney
Mr. Luis Hernandez: Moving forward to Staff Reports. Ginger, anything to report? Ms. Wald: I don't have anything.

B.	Engineer
Mr. Luis Hernandez: As to the District's engineer, there is nothing to present.

C.	Club - Discussion and Consideration of Restriction of Club Facilities Allowances to Specific Disruptive Residents
Mr. Luis Hernandez: As for the club, there is one item that I want to make the Board and District Counsel aware of. The Board has ruled and indicated that they want masks to be mandated inside the facilities and staff has been diligently trying to make sure that everyone wears a mask. There is nothing we can do to enforce this, ii is just a suggestion that people need to follow, but we have two particular members who have gone against what is being requested and have become nasty with the personnel.   That is against the rules, so we have already sent a letter cancelling their member rights for two weeks. It has nothing to do with the mask, but the fact that they are not speaking properly to our staff. And ii was not just one occurrence, it was several cases with different individuals, so that is the part I want the Board to be aware of and know that is taking place. I do understand that people have different opinions, and I understand that people may have different points-of-view, but at the same time, personnel need to follow what they are being asked to do, and if you don't agree with what they are saying, there is no reason to be rude and disrespectful to any of the employees and I wanted to make that statement on the record so the Board is aware. Is there anything else that you need to add to all of that, Sergio?

Mr. Valdes: No.
Ms. Wald: Going off of that, remember when we were talking about the legislature awhile back, the Governor removed the Emergency Orders that were in place, but you still had Miami-Dade County's, but they were based upon the Governor's Executive Emergency Order. Once that was removed, that was the basis the District was relying on and we no longer as a governmental entity, as a Community Development District had the ability to enforce a mask mandate. If Miami-Dade County would make certain findings a fact, and another basis say that certain facilities require whatever is necessary for health, safety, and welfare of the original Emergency Orders, then if that occurs, we can follow it. That has not occurred, and masks are not mandatory in Miami-Dade County, but they are encouraged. So, you cannot enforce or tell someone if they are not wearing a mask that they have to. That is basically what Luis was saying as to the individuals who don't want to wear a mask to do, so you really can't enforce ii and can only encourage it, but they also can't be belligerent and fight or be disrespectful to staff. So, just keep that in mind that if you have someone come in here not wearing a mask, if you do not like it, just try to stay away from them. There isn't much else that you can do.

D.	Manager
Mr. Luis Hernandez: Under Manager, I do not have anything specific.

SIXTH ORDER OF BUSINESS
A. Approval of Check Run Summary

Financial Reports

8. Balance Sheet and Income Statement
Mr. Luis Hernandez: Moving forward, next we have the Financial Reports, which you will find under Section VI. Tab A contains the check run summary and tab B has the balance sheet and income statement. With that being said, do any of the Supervisors have any questions on the financials? Hearing none, I will be asking for a motion to approve them at this lime.

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

September 24, 2021	South Kendall COD

SEVENTH ORDER OF BUSINESS	Supervisors	Requests
Audience Comments

and

Mr. Luis Hernandez: Are there any Supervisors requests? Hearing none, I just want the record to reflect that we have no audience with us today for comments.

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

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

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