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City Commission approves ordinance establishing Highland Park Community Development District, 4-1

2390131 · February 25, 2025
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Summary

The City Commission of the City of Newberry on Feb. 24 adopted an ordinance establishing the Highland Park Community Development District (CDD) on second reading by a 4-1 vote.

The City Commission of the City of Newberry on Feb. 24 adopted an ordinance establishing the Highland Park Community Development District (CDD), approving the measure on second reading by a 4-1 roll call vote.

The ordinance, presented by John Paul Perez of the community development department, establishes a CDD under Chapter 190 of the Florida Statutes and sets the district’s external boundaries, powers and an initial five-member board of supervisors. Perez told commissioners the district covers about 104 acres and that the applicant is Newberry Plaza LLC.

Perez said the staff and applicant had received a consultant memorandum between first and second reading and that the city would correct minor legal language in the staff memorandum but that those corrections did not affect the petition’s substance. He told the commission the city is not responsible for ensuring board appointments, financial solvency, accountability or transparency for a CDD; those matters rest with the state and with the district. “If someone complains, they complain to Tallahassee, they don’t complain to Newberry,” Perez said.

The staff report flagged one substantive cost for commissioners: a $2,000,000 estimate for off-site improvements tied to the development, including decel lanes and a traffic signal. Perez said the applicant and city staff agreed those costs should be commensurate with benefits to district residents and that final resolution of budgets and assessments would occur during the state review and related proceedings.

Jennifer Kalinski, the applicant’s agent and an attorney in the audience, explained the expedited boundary amendment process added to the statute in 2024. She said the process lets a petitioner identify potential future parcels now and then use an expedited procedure later to add those parcels without refiling a whole petition; the city would still take first and second reading on any boundary amendment ordinance.

Commissioner Farnsworth asked whether the additional parcels shown on maps had been acquired; staff replied they had not been acquired yet and that any future addition of parcels would require another city ordinance and public hearings. Commissioner Martin reiterated his opposition to the use of CDDs, saying they “add to government” and noting the city will still receive many phone calls about district issues even if legal responsibility lies with the state.

Roll call on the motion to adopt Ordinance 2025-01/LDR 24-27 produced votes: Commissioner Coleman, aye; Commissioner Clark, aye; Commissioner Farnsworth, aye; Commissioner Martin, no; Commissioner Maison, yes. The ordinance passed 4-1, with Commissioner Martin recorded in dissent.

The commission’s action creates a CDD governed by Chapter 190 of the Florida Statutes and initiates the statutory steps required before the state finalizes district formation. Staff said future items tied to the district — including detailed budgets, any assessments, and boundary amendments — will come back to the commission as required by statute and by the petitioner’s filings with the state.

Votes at a glance: Ordinance 2025-01/LDR 24-27 (Highland Park CDD) — adopted 4-1.

The commission moved next to other agenda items after the vote.