County Attorney CDD powers and privatization concern
What the county recorded
This item is not from the published agenda
It is a stretch of the recording that this archive identified as a separate matter — a call to order, a recess, or something taken up that the agenda does not list. There is no official title, no staff recommendation and no disposition, because the county never recorded one. Everything below is inferred.
The source document
The county’s agenda for Board of County Commissioners, May 6, 2025
The published PDF, as served by the county. This item is one entry in it.
The county’s minutes for Board of County Commissioners, May 6, 2025
The published PDF, as served by the county. This item is one entry in it.
What was said
Machine transcription of 3m of recording, with speaker names inferred from voice matching. 25% of 12 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.
Attorney. Um this is late in the day to do this, but I'll just mention it and then we can revisit it at another meeting. Um I'm becoming con increasingly concerned as you heard it public comment today. Um with the powers that C D Ds think they can wield. after if you've established them and um We're
not through no fault of s of the teams, that we're not we have not thought about What happens when the C D D w when a developer comes in and does segments their property into multiple C Ds, what the relationship between those C D Ds are. While it is true that they're public roads if they've used tax free financing
Um If they're C D D two roads
They're not C D One roads. And there is some argument that they think they can Privatize the roads from the other residents. And when planning approves the projects They don't look at it that way. They look at a holistic network of local roads serving all of the subdivisions. So um It may and unfortunately this
is another one of those things with the where the legislature has said you have the authority to establish them, but you can't make any conditions on it. It's what the state charter says. Um so you've got the choice of either not establishing a C D D or Um we may think about beefing up the land development code to deal with these issues that seem to be bubbling up. that
are C D D only issues.
Can we put conditions on a C D D
No, that's w what I just said. The legislatures the basically has said the state charter is 'cause back in the nineties when this started we would throw in conditions on C D D is usually about whether or not they were gonna use potable water or or other things like that. Um you can enter into an interlocal agreement with a CDD once they're established. which
might be behoove us because the developer is in control of them then, but What is happening is once the developer is no longer in charge of the C D D and they have elections they're elected officials and they want to be they think they come to the same level as you all do.
Okay. Well you heard you heard it from here. Alright, anything else?
That's it.
Alright, thank you.