SUBJECT
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Request the Board authorize the filing of a complaint against the City of Lake Wales and the Lake Wales Community Redevelopment Agency (CRA) to challenge the expansion of the CRA boundaries.
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DESCRIPTION
On December 15, 2023, representatives and consultants of the CRA presented the Board with a proposed CRA Plan amendment that expands the CRA boundaries, among other items (“CRA Plan Amendment”). In accordance with Section 164.1052, Florida Statutes, the County adopted Resolution No. 2024-001 (“County Dispute Resolution”) to initiate the conflict resolution procedures provided in the Act regarding the CRA Plan Amendment to expand the CRA boundaries. The County Dispute Resolution raised issues about the expansion of the CRA boundaries, including, inter alia, the expansion including mostly undeveloped property with zoning entitlements for approximately 6,100 dwelling units, 400,000 square feet of commercial space, 125,000 square feet of office space, and 200,000 square feet of assisted living and public facilities; the expansion of the CRA would result in millions of dollars of lost revenue needed to serve the area once developed; the City and CRA had failed to request delegation of community redevelopment authority from the County in accordance with the County’s CRA Policy; and the County had competing policy goals and plans for the public funds the County would be required to deposit to the CRA Trust Fund.
On January 29, 2024, a conflict assessment meeting was held pursuant to §164.1053, F.S., which was attended by the chief administrator of the County, County Manager Bill Beasley (“County Manager”) and chief administrator of the City and CRA, City Manager James Slaton (“City Manager”). The City Manager agreed at the conclusion of the conflict assessment meeting to discuss the expansion further with the CRA which may result in the CRA not moving forward with the proposed expansion. Following the conflict assessment meeting, the CRA adopted CRA Resolution 2024-03 to move forward with the CRA Plan Amendment. On March 12, 2024, the Board, the City, and the CRA held a joint public meeting pursuant to §164.1055, F.S. and §163.361, F.S. At the conclusion of the joint public meeting the parties agreed that no agreement could be reached and that the governmental entities shall participate in mediation. Mediation was held on April 5, 2024. On July 9, 2024, it was determined by the mediator that an agreement could not be reached by the parties. The City has scheduled a hearing on September 17, 2024, to consider an ordinance providing for the approval of expansion of the CRA boundaries.
RECOMMENDATION
Authorize the County Attorney’s Office and outside counsel to file a complaint against the City of Lake Wales and the Lake Wales Community Redevelopment Agency (CRA) to challenge the expansion of the CRA boundaries and take whatever other actions are necessary to challenge the expansion of the CRA boundaries.
FISCAL IMPACT
Funding for the costs of litigation is available in the General Fund.
CONTACT INFORMATION
Randy M. Mink, Esquire
County Attorney