MINUTES OF MEETING HERITAGE PARK
COMMUNITY DEVELOPMENT DISTRICT

The regular meeting of the Board of Supervisors of the Heritage Park Community Development District was held on Thursday, January 21, 2021 at 1:00 p.m. at the Heritage Park Amenity Center, 225 Hefferon Drive, St. Augustine, Florida 32084

Present and constituting a quorum were:

Ken Kinnecom Robert Curran Mark Masley Joanne Wharton Thomas Ferry

Also present were:

Jim Oliver
Carl Eldred (via phone) Jenny Urcan (via phone) Brian Stephens (via phone)

Chairman
Vice Chainnan Supervisor Supervisor Supervisor

District Manager District Counsel District Engineer Riverside Management

The following is a summa,y of the actions taken at the Janua,y 21, 2021 meeting. A copy  of the proceedings can be obtained by contacting the District Manager.

FIRST ORDER OF BUSINESS	Roll Call
Mr. Oliver called the meeting to order at I:05 p.m. All Supervisors were present.

SECOND ORDER OF BUSINESS	Public Comment
There being none, the next item followed.

THIRD ORDER OF BUSINESS	Approval of the Minutes of the November 19,
2020 Meeting

On MOTION by Mr. Kinnecom seconded by Mr.  Masley with all in favor the Minutes of the November 19, 2020 Meeting were approved as presented.

FOURTH ORDER OF BUSINESS	Acceptance of Audit Report for Fiscal Year
2020
Mr. Oliver presented the Fiscal Year 2020 audit, which was a clean audit. It was provided to the Department of Financial Services and the Auditor General. Mr. Kinnecom noted the auditing firm did an excellent job.

On MOTION hy Mr. Kinnecom seconded by Mr. Ferry with all in favor the Fiscal Year 2020 Audit Report was accepted.

FIFTH ORDER OF BUSINESS	Update Regarding Encroachment Matters
Mr. Eldred prepared a letter to the HOA asking that they include the District in the approval of any encroachment request, such as installing a fence or any other type of structure in an easement that is owned hy the COD, consistent with the Board's direction at the last meeting and further direction by the Chairman. The District has a number of drainage easements throughout the District, such as one leading to the District's pump, to maintain access to the pond and allow for the presence of piping from the road to the pond and maintaining those pipes. A letter was sent to the HOA to actively include the District moving forward in their approval process, but there was no response. Mr. Eldred will follow up with the HOA in the next few weeks.
Ms. Wharton who was resigning from the ARB, but not until next month, questioned the timeframe for the Board to get a response from the ARB or if the ARB should approve it pending COD approval. The ARB only met once a month. In her opinion, it made the most sense for the Board to speed up the process. Mr. Eldred recommended the following:
The Board direct staff to undertake the majority of the review.
ARB to identify whether or not this request involved a COD easement.
Ms. Urcan prepare a map identifying where the easements were located.
Identifying the easement on documents submitted to the ARB.
Once identified that it encroached into the District's easement, the  ARB would send the request to Mr. Oliver and Mr. Stephens for review to determine if it caused any issues to the District.
If there were no issues, the ARB would proceed.

If it caused some impediment to the District's ability to access the ponds, Mr.
Stephens would oppose the issuance of the easement at that time.
Mr. Eldred felt the timing would be relatively quick, depending on  how  long  it would take Mr. Stephens to review the requests. It should not be a time intensive process. Mr. Oliver stated the review process was in place and if the HOA notices there was an easement, it could be forwarded to the CDD; however, any resident had the right to come to a CDD meeting to declare why they should have an exception. Mr. Oliver requested  direction from the Board to delineate  the difference between a permanent improvement versus temporary. Ms. Wharton requested direction before she left the ARB. Mr. Oliver recommended the ARB review the document Ms. Urcan prepared to see if it affected the CDD. If not, the process could proceed. If it involved the CDD, it should come to the CDD to exercise their authority.
Ms. Wharton asked if there were specific areas of concern. Mr. Kinnecom stated in the
near future, there would be a map identifying every address in the CDD that had a drainage easement. If the ARB had a specific address that did not identify an easement, the CDD did not have to be involved at all, but if there was an easement, Mr. Stephens would respond. Ms. Wharton suggested Town Square notify anyone improving property that had  a  drainage easement, it would be a two-month process, since the ARB only met once a month. Discussion ensued regarding types of easements. After further discussion, there was Board  consensus  to deny all resident requests to improve easements on CDD property and for the HOA to review the map identifying every address in the CDD that had a drainage easement before  approving requests.
Mr. Oliver updated the Board on an apparent encroachment of CDD land by the prior
owner of 324 Hefferon Drive, who installed a fence and basketball court without ARB/CDD approval. A letter was sent saying the District reserved  the right to remove these  improvements, if needed, for maintenance purposes at no cost to the District. Mr. Kinnecom stated the ARB brought this matter to his attention. Ms. Wharton explained an ARB Board  member noticed it on a website showing property lines within Heritage Park and she was uncomfortable letting them keep the fence on CDD property. Mr. Kinnecom agreed.

On MOTION by Mr. Kinnecom seconded by Mr. Ferry with all in favor denying requests to have improvements made on District easements was approved.

Regarding the encroaclunent at 324 Hefferon Drive, Mr. Kinnecom proposed sending a letter to the owner requesting relocation of the fence and concrete on CDD property. Mr. Eldred provided the following options:
The Board not allow any encroaclunent whatsoever.
Notify the owner that this was an encroaclunent into the easement that was not authorized by the District and the District was not required to remove the encroachment until access was needed, at which time the owner would  be  required to remove the encroaclunent at its own expense.
Mr. Eldred advised there were similar encroaclunents into easements  in the community and if this encroaclunent was permitted, the Board would be setting a precedent. Mr. Kinnecom explained the encroaclunent was on CDD property and not in an easement  and  the CDD area must be protected. Mr. Eldred suggested the CDD perform a survey of its property.

On MOTION by Mr. Kinnecom seconded  by Mr.  Curran with all in favor having the District Engineer perform a survey performed on land at 324 Hefferon Drive for the purpose of determining whether there was an encroaclunent was approved.

SIXTH ORDER OF BUSINESS
Attorney

Staff Reports

There being none, the next item followed.

Engineer
Mr. Kinnecom asked when the maps showing all of the easements would be completed. Ms. Urcan stated the maps should have arrived today and would verify. Mr. Kinnecom requested an alphabetical list of street names.

Manager
There being none, the next item followed.

Operations Manager - Report
Mr. Stephens presented the Operations Manager Report, which was m the  agenda package. Future Horizons would evaluate ponds 1100 and 1200 this week, which were

frequently tripping the breaker. Mr. Kinnecom asked if the area of drainage between The Villas and East Red House Branch Road was inspected. Mr. Stephens walked the area three weeks ago with Yellowstone and it was mowed monthly.

SEVENTH ORDER OF BUSINESS	Audience Comments
There being none, the next item followed.

EIGHTH ORDER OF BUSINESS	Supervisors Requests
There being none, the next item followed.

NINTH ORDER OF BUSINESS	Financial Reports
Balance Sheet and Statement of Revenues & Expenditures
Mr. Oliver presented the Unaudited Financial Statements through December  31, 2020. The District was in good shape with $138,000 in capital reserves and positive  variances  in Admin and Maintenance of the Operations Budget.

Assessment Receipt Schedule
Mr. Oliver reported the District was 90% collected.

Approval of Check Register

On MOTION by Mr. Masley seconded by Mr. Curran with all in favor the Check Register from November 12, 2020 to January 12, 2021 in the amount of$23,571.20 was approved.

TENTH ORDER OF BUSINESS	Next Scheduled Meeting - March 18, 2021 @
1:00 p.m.
Mr. Oliver announced the next scheduled meeting was on March 18, 2021 at 1:00 p.m. at this location.

On MOTION by Ms. Wharton seconded by Mr. Ferry with all in favor the meeting was adjourned.

ELEVENTH ORDER OF BUSINESS	Adjournment

y