Tern Bay CDD FAQs
- Are there any regulations applicable to the Board of Supervisors?
- How are the District services financed?
- What is a Community Development District?
- What powers are is the District permitted to exercise?
- Who are the professional staff of the District:
- Who Govern’s a Community Development District?
Yes, there are many laws, rules and regulations that govern the conduct of the Board of Supervisor’s. Board meetings are governed by the open meeting law, and therefore are noticed and conducted in a public forum. The Board is subject to the Sunshine Law, which provides a right of access to the District’s proceedings and is applicable to any gathering of two or more members of the Board of Supervisor’s. Board Member’s are not permitted to discuss any matter which may foreseeable appear before the Board for action, outside of a Board Meeting.
The Board must adhere to a Code of Ethics for public officer’s, and is intended to promote the public interest and maintain the respect of the people for their government. The Code requires that public officials conduct themselves independently and impartially, not using their offices for private gain. You will find the links to the code of ethics and the sunshine law on our “links” page.
There are a myriad of governmental reporting requirements, laws, rules and regulations that the Board must adhere to.
The District levies special assessments on your property for the services provided. They generally fall into two (2) categories. The first is a capital assessment which cover's the contructions of improvements for the community, such as a water management system, landscaped berms, and lighting outside the gated part of the community. These capital improvements are financed with long term (30 year) tax free municipal bonds, and each property owner pays their proportionate share of those capital improvements each year. Property owner's may pay off this capital assessment early, by contracting the District Office for information on your property.
The second is an operations and maintenance assessment that is levied each year to maintain the facilities of the community and administer the District. This amount will change each year based on the level of services and costs associated with the operations of the District. Property owners are provided notice of the District's public hearing each year, by the TRIM notice that is mailed in August each year, and property owner's more than welcome to attend the District's meetings and participate in the public hearing process.
A Community Development District (CDD) is a special purpose unit of local government established by Chapter 190 of the Florida Statutes. A CDD is a type of and is the most popular form of Special District. CDD’s are similar to Cities and Counties, except that Special District’s are governmental agencies of local special-purpose government rather thean general-purpose government. A CDD has limited special powers, that include funding, installing, operating and maintaining public infrastructure. There are many other forms of Special District’s, such as Inland and Navigation Districts, Hospital District’s, Housing Authority District and Fire Control District’s to name a few. Chapter 190 is devoted solely to Community Development District’s and are the most popular form of special-purpose government in the State today.
As special purpose local governments, CDD’s possess certain legal powers similar to those held by Cities and Counties. CDD powers incluse the right to enter into contracts, to acquire and dispose of real and personal property, to adopt rules and regulations and to obtain funds. CDD’s can borrow funds through the issuance of bonds, or they can levy assessments and taxes. CDDs also have certain special powers relating to the provision of basic public improvements and community facilities, such as roads, bridges, utilities, and water management services, to name a few.
All District powers are exercised subject to the regulatory jurisdiction and permitted authority of all applicable governmental bodies, agencies and other special districts that have jurisdiction of the CDD. Similarly, the establishment of a CDD does not alter the requirement of obtaining the necessary government approval for any activities or construction within the District. By law, CDDs do NOT have zoning, land use or police powers.
The District Manager is:
James P. Ward
2041 NE 6th Terrace
Wilton Manors, Florida 33305
James P. Ward
The District Manager is an official appointed as the administrative Manager in a traditional council-manager form of government. In a technical sense “District Manager," implies more discretion and independent authority that is set forth in the charter or some other body of codified law, as opposed to duties being assigned on a varying basis by a single supervisor.
This structure does not assure successful governmental operations without careful attention to relationships within the organization. The Manager can neither be seen as simply the agent of the Board of Supervisors nor merely the director of administrative staff. The Manager's success depends increasingly on his or her effectiveness as a team builder with the Board, professional staff and citizens.
As the top appointed official the District Manager is typically responsible for all of the day-to-day administrative operations of the District, in addition to other expectations.
If you have any questions/comments, your first point of contact should be the District Manager.
The District Attorney:
Clark & Albaugh
700 West Morse Boulevard, Suite 101
Winter Park, FL. 32789
The District Engineer:
Morris Entineering and Consulting, LLC
6981 Professional Parkway East
Lakewood Ranch, FL 34240
The District is governed by a five (5) member Board of Supervisor’s who are elected by landowner’s in the District. Board Members are elected to four (4) year terms of office, with elections for different seats every two (2) years. Elections are held in November of odd numbered years.
In addition to the governing board, the District includes professional team, consisting of a District Manager, District Attorney and District Engineer who handle the daily affairs of the District, recommend policies and programs, and implement the policy directives of the Board.