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, November 18, 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 via phone Daniel Laughlin Wes Haber
Michelle Otts via phone
Brian Stephens
Chairman
Vice Chairman Supervisor Supervisor Supervisor

District Manager GMS
District Counsel District Engineer
Riverside Management Services

The following is a summary of the actions taken at the November 18, 2021 meeting. A  copy of the proceedings can be obtained by contacting the District Manager.

FIRST ORDER OF BUSINESS	Roll Call
Mr. Laughlin called the meeting to order at 1:00 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 September 16,
2021 Meeting
Mr. Kinnecom left the meeting, temporarily.

FOURTH ORDER OF BUSINESS	Update	Regarding	Installation	of
Replacement Pond Fountains
Mr. Kinnecom returned to the meeting.
Mr. Stephens reported that all of the replacement pond fountains were received. The fountains on Pond 600 and Pond 1100 were replaced with  new fountains and Future Horizons  was holding the remaining three fountains. As a fountain breaks, as long as it  is  not  a catastrophic repair, it will be a repaired instead of replacing it. One  fountain  was  recently repaired as it only had a $20 issue. If the Board wanted to entertain ordering additional fountains this fiscal year, now would be the time as Future Horizons informed him yesterday of a price increase of20% or $509 per fountain after January l, 2022. If more fountains were ordered, they would hold it in their inventory.
Mr. Kinnecom was in favor of holding the remaining three fountains and waiting until
there was a need to purchase more. Ms. Wharton would not mind  ordering  one or two and  having five on reserve. Mr. Stephens stated each fountain cost $2,306.56 if five were ordered versus $2,500 for one fountain. Mr. Kinnecom noted adequate funds in reserves and proposed purchasing two fountains at the lower price.

FIFTH ORDER OF BUSINESS	Update Regarding Encroachment Matters
Mr. Stephens presented three proposals for fence removal from CDD property at 324 and 330 Hefferon Drive. At a prior meeting, Mr. Eldred was directed to send notices to the property owners. The following was addressed regarding each property:
324 Hefferon Drive: Owned by the Liu family. There was a challenge due to a
language barrier. They were originally provided an extension to November Ist to

complete the work, but according to their daughter, they were unsuccessful in finding a contractor to provide a proposal and were willing to allow the District to proceed with the work and would reimburse the District.
Mr. Haber recommended that staff obtain a proposal for the work, have the homeowner pay the amount and, in the agreement, the CDD would hold the funds for the sole purpose of paying the contractor. If they did not pay, the CDD would sue  under  the agreement.  Ms. Wharton agreed. Mr. Kinnecom felt that was fair. Mr. Oliver  noted  the  agreement  would provide transparency to what the District was trying to accomplish. Ms. Wharton asked if they were able to get an estimate. Mr. Stephens was concerned about finding a contractor to perform the smalljob.
330 Hefferon Drive: Owned by the Bodenstein family. Mr. Bodenstein was in
favor at the last meeting to a 50/50 split with the District for the re-location of his fence from District property.
Discussion ensued and the following was addressed regarding 330 Hefferon Drive:
►	Mr.	Kinnecom  stated  Mr. Bodenstein  had a  handwritten  proposal  of $1,850 and
asked if Mr. Bodenstein was amenable to the proposal and paying $925. Mr. Stephens stated Mr. Bodenstein provided the proposal. Mr. Kinnecom felt it was reasonable  due to the  size  of the  project.   Ms. Wharton  noted  a  lower proposal
from Hardwick Fence, which she wanted to provide to the owner.
►	Ms. Wharton was not in favor of using District funds to pay half of the cost to
remove and reinstall the fence since it was the resident's issue. Mr. Kinnecom agreed, but since the fence was installed during development and was not detected until a year ago, the District was justified in correcting it.
Mr. Haber explained that general funds were being used to pay for this expenditure
versus bond funds, which had restrictions. At the last meeting, there was discussion that it would benefit the CDD because of foot traffic. The Board was using this reasoning in its decision to  enter into the agreement, but the purpose of the agreement was to establish the resident and CDD obligation. Mr. Kinnecom noted the most important issue  in  this decision  were the drainage pipes within the CDD easement.
►	Mr. Curran asked if they would have one contract to do both jobs. Mr. Stephens stated 324 Hefferon Drive was more complicated as a concrete slab must be
removed before the fence.

Discussion ensued and the following was addressed regarding 324 Hefferon Drive:
►	Ms.   Wharton   asked   if  the  homeowner   wanted   to   remove  the  entire basketball
court. Mr. Kinnecom stated they would only remove what was on CDD property. Mr. Oliver did not discuss with the owner the details about removing the entire basketball  court, only about the portion of the improvement encroaching on  CDD
property.
►	Mr.  Kinnecom  asked   who  had  the  certified   survey  as  they  did  not  want  to cut
additional cement. Mr. Stephens believed that Ms. Otts had  the  survey.  Mr. Haber envisioned a proposal describing all of the work to be conducted, the homeowner  agreeing  to the work and  granting any  access  rights that the  CDD's
contractor may need to fulfill the work described in the proposal.
►	Ms. Wharton noted the potential for damage when cutting concrete and was
thrilled that the homeowner was on board to get this taken care of as soon as possible.
Mr. Kinnecom requested Mr. Stephens obtain bids and provide to the Board at the next
meeting or a special meeting.

SIXTH ORDER OF BUSINESS	Consideration of Transition Letter for Legal
Services to Kutak Law
Mr. Haber who was replacing Mr. Carl Eldred who left Hopping, Green & Sams (HGS), stated over the past six months to a year, a number of lawyers left HGS.  As a result, he along  with 9 attorneys in his practice group left to join the Kutak Rock law firm. This was their first Florida office. They represent Special Districts across the county as well as public financial, real estate and governmental work. When a lawyer leaves a law firm, the Florida Bar requires the lawyer to give the client notice and the decision to either stay with the law firm presently

representing the District or move with the lawyer switching firms. A letter providing the option for the District to move to Kulak Rock and assigning Mr. Haber as District  Counsel  or engaging a different attorney was provided to the Board. His rates would not change. Mr. Haber currently speaks to Mr. Eldred and would continue to utilize him as an ongoing resource.

Ms. Wharton asked whether a motion was needed for the Chairman to  sign  the agreement. Mr. Haber requested an amendment to the prior motion to include the authorization  for the Chairman.

SEVENTH ORDER OF BUSINESS	Discussion of Prosser Rate Increase
Mr. Oliver presented a letter from Prosser with their updated rate schedule and recommended approval. Ms. Wharton questioned the overall rate increase. Mr. Oliver did not know and would verify. Mr. Kinnecom noted the $235 for the Principal was not much more than what existed for a decade and was not a significant increase. Ms. Wharton agreed with the increase as Prosser has been very responsive.

EIGHTH ORDER OF BUSINESS	Ratification of Audit Engagement Letter with
Grau & Associates
Mr. Laughlin reported that Grau & Associates was selected by the Audit Committee and presented a letter to engage them for the Fiscal Year 2021 audit.

NINTH ORDER OF BUSINESS
Attorney
Staff Reports
Mr. Haber presented the following memorandums regarding statutory changes in the last legislative session:

Publication of Legal Notices
The law was changed to allow units of government to use a newspaper website to  advertise meetings. Because the law requires the publication of a notice on a  weekly  basis,  stating that all other notices would be on the newspaper's website, it is only beneficial to units of government that are publishing multiple advertisements per week. This is not the case for this District. Mr. Haber would continue to monitor this and if there were cost savings,  he would inform the District Manager.

Needs Analysis that Districts Providing Wastewater or Stormwater Management Services Must Complete by June 30, 2022
The law was changed to require all units of government including CDDs to prepare a Needs Analysis every five years for their stormwater management services and file it with the State by June 30, 2022. It is recommended that the District Manager request a proposal from the District Engineer for the Board to consider at the next meeting to provide the inspection and prepare the report for the District. All CDDs across the State were required to do this. Ms. Wharton asked why the Office of Economic and Demographic Research was requiring it. Mr. Haber believed it was a coordinated effort due to a large stormwater failure that impacted homes and businesses recently in Central Florida to ensure nothing slipped through the cracks.

Prompt Payment Requirements
The law was changed regarding how and when a unit of government was obligated to pay contractors. When the Prompt Payment Law was applied to CDDs, the District adopted a resolution adopting Prompt Payment Policies. In light  of this change to the Prompt  Payment Law, dealing with disputes between the contractor and a CDD, Mr. Haber recommended that a resolution be adopted by the Board amending the Prompt Payment Policy to make it consistent with Florida Law. A form of the resolution and amendment to the policy were included with the

memorandum. This item was informational for this meeting and the District Manager would include the resolution on a future agenda to bring the policy current with the law.

Public Records Exemptions for Addresses and Other Information Associated with Certain Officers, Judges, etc.
The law was changed with respect to actions exempt law  enforcement  officers, employees, justices and judges must take to take advantage of the exemption from public records requests. In order to take advantage of that exemption, the individual  needs to communicate  to the unit of government that they want to be exempt. The District management company, GMS, serves as the custodian ofrecords.

Engineer
Mr. Laughlin noted the District Engineer was not present. Mr.  Ferry  requested  the District Engineer provide a certified copy of the survey.

Manager
Mr. Oliver apologized for not being present in person. The District Engineer had intended to attend the meeting but has experienced a traffic jam  on the way. She was on the conference  line several times, but due to conference line issues, had fallen off the call.

B.	Operations Manager - Report
Mr. Stephens presented the Operations Manager Report, which was included  in  the agenda package. A GFCI outlet and waterproof cover  were replaced  on the fountain  in Pond 500, which was $20. He ordered additional "No Fishing" signs to replace cracked ones. All signposts were re-painted. Mr. Kinnecom asked if timers were adjusted for Daylight Savings Time. Mr. Stephens replied affirmatively.  Ms. Wharton  appreciated  Mr. Stephens  re-painting the posts and ordering new signs.

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

ELEVENTH ORDER OF BUSINESS	Supervisors Requests
Mr. Kinnecom received a complaint from a resident earlier this week regarding a storm drain that did not look right. Later that day, he called the county and  the next day, a manager  from the Utility Department was out there. They noticed settlement at the curb.  The  next morning a utility truck fixed the settlement. He appreciated the county's quick response. Ms. Wharton was uncomfortable with the District hiring off-duty officers from the St. Johns County Sheriffs Office for traffic control. Mr. Curran explained after further analysis of  the  data provided by the Traffic Lieutenant, which he provided to the District Manager and the Chairman, the number of cases did not justify hiring a deputy for four hours a day at $40. Mr. Kinnecom noted there were many violations, such as people not coming to a complete stop at the stop sign off of Heritage Park Drive and speeding motorcycles. Ms. Wharton wanted the HOA to take the initiative to contact the police.

TWELFTH ORDER OF BUSINESS	Financial Reports
Balance Sheet and Statement of Revenues & Expenditures
Mr. Laughlin presented the Unaudited Financial Statements through October 31, 2021, which was included in the agenda package.

Assessment Receipt Schedule
Mr. Laughlin presented the Assessment Receipt Schedule, which was included in the agenda package.

Approval of Check Register

THIRTEENTH  ORDER OF BUSINESS	Next Scheduled Meeting - January 20, 2022
@l:00p.m.
Mr. Laughlin stated the next meeting was scheduled for January 20, 2022 at I :00 p.m.

FOURTEENTH ORDER OF BUSINESS	Adjournment

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