Andrew Kennedy, Proctor Kennedy Properties, utilized a PowerPoint
presentation to detail the approved Liberty Park development and the planned
infrastructure. It also outlined CDD reporting requirements, establishment criteria,
and the benefits and protections for the County.
Attorney Jonathan Johnson, Kutak Rock LLP, presented the benefits and limits of
a CDD-funded development versus a privately funded one.
Chairman O’Bryan questioned if the $76 million of infrastructure improvements
were to be funded entirely through the CDD. Mr. Johnson stated it would be
determined in consultation with the capital markets and advisors in the District.
The Chairman then requested prioritization of obtaining promised conservation
easements, planned intersection improvements, and to have the planned park
moved from Phase 3 to Phase 1 of development.
[Clerk’s Note: At this time, the Chairman announced that the Public Hearing
would continue following the Time Certain 10:30 a.m. Attorney-Client Session.
The Board reconvened in Chambers at 11:56 a.m. Chairman O’Bryan closed the
Attorney-Client Session and reopened the regular Board meeting by continuing
the public hearing.]
Mr. Johnson responded to Chairman O’Bryan’s previous comments noting that
obtaining conservation easements were already required prior to the final plat
approval for Phase one. He could not commit to amending the order of the
development process at this time.
Discussion ensued between Commissioner Flescher, Commissioner Earman,
Chairman O’Bryan, and Mr. Johnson regarding the ball fields and parks.
Chairman O’Bryan stated his position was to deny approval of the CDD unless
the developer could provide assurance that the plans would be fully realized.
Administrator Brown agreed this was an unusual process, but requested the focus
remain on whether the development met all the guidelines set forth for CDD
approval.
Commissioner Adams sought and received clarification from Ryan Sweeney,
Director of Current Development, regarding the funding process and how it
affected the phases of development. Mr. Sweeney advised there were several
steps along the way with built-in checks to ensure developer accountability. The
Commissioner cited the Greenways connection as one of the outstanding benefits
of the plan, and voiced her support for approval of the CDD; she noted that none
of the desired community amenities would come to fruition if the project could not
get started.