A regular MEETING OF THE BOARD OF COUNTY COMMISSIONERS

March 24, 2020

The Lake County Board of County Commissioners met in regular session on Tuesday, March 24, 2020 at 9:00 a.m., via teleconference, which is allowed per Executive Order of the Governor of Florida due to COVID-19, a novel strain of the coronavirus. Commissioners present at the meeting were: Leslie Campione, Chairman; Wendy Breeden, Vice Chairman; Timothy I. Sullivan; Sean Parks; and Josh Blake. Others present were: Jeff Cole, County Manager; Melanie Marsh, County Attorney; Niki Booth, Executive Office Manager, County Manager’s Office; Gary J. Cooney, Clerk of the Circuit Court and Comptroller; Kristy Mullane, Chief Financial Officer; and Josh Pearson, Deputy Clerk.

moment of silence and pledge of allegiance

Commr. Campione called for a moment of silence and asked that everyone’s concerns, thoughts and prayers keep in mind their healthcare workers, and that they ask that the workers be given perseverance, courage, and understanding; additionally, she asked for such a blessing over those who were ill. She urged the community and country to have an awareness of how their actions affect other people, that they are given the ability to exercise discipline and restraint, and for them to look out for their friends, family and neighbors in unique and creative ways to address their needs. She then led the Pledge of Allegiance.

Agenda update

Mr. Jeff Cole, County Manager, asked Mr. Tommy Carpenter, Director for the Office of Emergency Management, to describe how this meeting would work for the public on the line, how they could comment, and how the County could engage with them if they had verbal comments to make during the meeting.

Mr. Carpenter explained how the current Board of County Commissioners (BCC) meeting would be conducted as a virtual meeting. He said the voice line being used this morning had been muted to all users, and that the BCC and County staff had been unmuted and would be able to participate over the line. He commented that if the public participating in the meeting had a question for the BCC, then there was an email address, [email protected], established for them to communicate. He asked for citizens that sent an email to include their name, as well as the tab number pertaining to their question or the topic they wanted to ask about.

Commr. Campione commented that this would be a pilot meeting using this format, and she relayed her understanding that for the April 7, 2020 BCC meeting, if they were still using this type of setup to meet, then they would have an improved platform that would be more user friendly. She expressed that the BCC would do their best to hear and understand the public’s comments and concerns, and she noted that many emails had been received for certain topics; furthermore, she assured that each of the Commissioners had read the comments before the meeting.

Mr. Cole indicated that since the agenda was first published, Tab 24 was listed as Commission District 3 and had been corrected to Commission District 1. He remarked that staff had also added Tab 26 to the Chairman’s report, along with Tabs 27 and 28 as addendums to the consent agenda. He said that there were comments that Ms. Niki Booth, Executive Office Manager for the County Manager’s Office, would read into the record, including emails for public comment and Tab 3 on the consent agenda. He mentioned that for Tab 24, Mr. Alphonso Walker, the developer involved with that item, was available on the line if the Board had any questions.

CLERK OF the Circuit COURT and comptroller’s CONSENT AGENDA

On a motion by Commr. Sullivan, seconded by Commr. Blake and carried unanimously by a 5-0 vote, the Board approved the Clerk of the Circuit Court and Comptroller’s Consent Agenda, Items 1 through 6, as follows:

List of Warrants

Request to acknowledge receipt of the list of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.

Audited Financial Statements for Village Community Development District No. 11

Request to acknowledge receipt of the Audited Financial Statements for Village Community Development District No. 11 for the year ended September 30, 2019.

Audited Financial Statements for Village Center Community Development District

Request to acknowledge receipt of the Audited Financial Statements for Village Center Community Development District, for the year ended September 30, 2019.

Olympus Community Development District Proposed Fiscal Year 2020 Budget

Request to acknowledge receipt of the Olympus Community Development District Proposed Fiscal Year 2020 budget in accordance with Section 190.008 Florida Statutes.

City of Eustis Ordinances 20-06 and 20-07

Request to acknowledge receipt of Annexation Ordinance 20-06 and corresponding Comprehensive Plan Amendment Ordinance 20-07 from the City of Eustis.

City of Eustis Ordinances 19-32 and 19-33

Request to acknowledge receipt of Annexation Ordinance 19-32 and corresponding Comprehensive Plan Amendment Ordinance 19-33 from the City of Eustis.

citizen question and comment period

Ms. Booth said that an email had been submitted by Ms. Linda Moss, a concerned citizen, regarding a dredging bill that had been presented to the State Legislature on behalf of Venetian Village. Ms. Booth added that Mr. Vance Jochim, another concerned citizen, had sent an email requesting that the County create a job advisory program for laid off residents and to assist businesses with falling revenues. She elaborated that Mr. Jochim had asked if the Board could describe plans to do this, and that he had advocated for the Board to start this now and to coordinate with chambers of commerce and employers; furthermore, the email suggested to offer clinics regarding job hunting methods, including the use of job finding websites.

Minutes approval

On a motion by Commr. Breeden, seconded by Commr. Sullivan, and carried unanimously by a 5-0 vote, the Board approved the minutes for the BCC meeting of January 28, 2020 (Regular Meeting) as presented.

COUNTY MANAGER’S CONSENT AGENDA

Commr. Campione acknowledged that the Board had received several emails and that if someone wanted their email to be read, the Board could possibly read it with a three minute cutoff.

Mr. Cole commented that for Tab 3 on the consent agenda, there were seven emailed comments which could each be read within the three minute period.

Ms. Booth read an email from Ms. Kim Williams, a concerned citizen, which referenced policies from the Lake County Comprehensive Plan (Comp Plan) that were relevant to a fish farm in the county, the Walkabout Ranch Road borrow pit, and the Leiffer Family Trust borrow pit. The email also referenced Comp Plan Policy I-3.3.12, Agricultural Uses, and Policy III-3.5.2, Prohibitions on Mining in Environmentally Sensitive Areas; furthermore, the email stated that the fish farm was in the Wekiva Basin Study Area, and that the Walkabout Ranch borrow pit and the Leiffer Family Trust borrow pit were located in the Wekiva Basin Protection Area. Ms. Williams thought that the BCC had never approved borrow pits in the Wekiva River Protection Area and felt that the Right to Farm Act should not take precedence over the Comp Plan, regardless of agricultural best management practices not being required for blueberry farming. Ms. Williams felt that it was clear by reviewing the state statutes what the intent of the mandated protection act was for the local counties to follow, and questioned why this activity was allowed to happen. The email asked the BCC to consider allowing time in future discussions to include reclamation plans, and opined that there needed to be accountability and cleanup enforced upon the owners of these properties; additionally, Ms. Williams felt that county roads had deteriorated, that property market values had been reduced, and that the rural way of life had been negatively impacted.

Ms. Booth then read an email from Ms. Sue Ray and Mr. Bill Ray, who were neighbors of these borrow pits. They urged the BCC to give residents consideration, expressed concerns about property values, and requested for limits to be placed on these permits. They also questioned if this activity could be conducted in the Wekiva River Basin.

Ms. Booth read an email from Mr. Henry McDaniel, a concerned citizen, which mentioned the sand mining operation off Walkabout Ranch Road and the fish farm off State Road (SR) 44, and asked what steps had been taken to stop these operations. He also asked that if injunctions or stop orders had been filed against these properties and their owners, what steps would be taken to enforce them. He inquired how the County planned to enforce proper land reclamation with regards to these two operations. He further questioned that for the current land clearing across from Cross Tie Ranch, had stop orders, injunctions, permits, or a conditional use permit (CUP) from the St. Johns River Water Management District (SJRWMD) been issued. He requested an understanding regarding mass grading as it related to the White Water Farms project; furthermore, the email asked if it was the County’s intent to stop these operations and prohibit White Water Farms from moving forward.

Ms. Booth read an email from Ms. Emily Palmer, a resident of Sorrento, who asked why these borrow pits had been allowed, and thought that they had not been approved by the BCC but had been operating under false pretenses of being a blueberry farm. Ms. Palmer opined that these activities had been destroying the roads, disrupting traffic, and endangering people on the road with dump trucks, yet were permitted to conduct business with no permit. Ms. Palmer also asked about the Wekiva River Basin protection of the area.

Ms. Booth read an email from Ms. Katherine de Jongh, a neighbor of two unpermitted borrow pits, who supported approval of Tab 3 and felt that the borrow pits had operated under the guise of legitimate farming operations. Ms. de Jongh opined that due to the Right to Farm Act, the State was not equipped to address these farming practices. She felt that until the State Legislature was able make the necessary changes to the act, the Board needed to empower the county with the tools to hold the dirt farmers accountable.

Ms. Booth read an email from Ms. Melissa Vu, a resident of Sorrento, which included current pictures of White Water Farms. Ms. Vu claimed that the land was clear, that the farm was laying a foundation for an access road, and that trucks were bringing in clay. Ms. Vu opined that Mr. Kirk Leiffer was planning to sell four million cubic yards of sand to the State under the guise of a blueberry farm. She described the property and said that the majority of the sand would be removed from the side of the property that was close to her home. She hoped that the BCC could prevent the mining of the White Water Farms property, and she was concerned about how the digging could affect the water table. She claimed that a spring on her property had been affected, and she supported the possibility of the County acquiring the White Water Farms property and converting it into a park or other use that could protect the land and enhance the community. She also supported ending the mining off Walkabout Ranch Road. Ms. Booth said that this email had been forwarded to the BCC so that they could see the pictures.

Ms. Booth read an email from Ms. Jeanne Wray, a concerned citizen. She had concerns about daily dump trucks and a property being unsightly due to fish farms. She questioned if this was a legal way to make profits, and she asked the BCC to stop this use of the land.

Commr. Campione said that an email was also received from Mr. Charles Lee, Director of Advocacy for the Florida Audubon Society. She read the email, which stated that his organization supported the proposed action to seek an injunction stopping Tom West, Inc. from unauthorized sand mining without proper development approvals, and to provide authority for County staff to file future actions in the case of other properties where it appeared that mining activities were taking place without proper approvals. He felt that uncontrolled sand mining in the Wekiva Study Area and the Wekiva River Protection Area, as well as other environmentally sensitive lands in Lake County including the Green Swamp, were a danger to water resources, important wildlife habitats, and potentially water quality. He relayed his understanding that the County’s Comp Plan and Land Development Regulations (LDRs) controlled this activity and restricted it in sensitive areas. He suggested that due to the strong market for sand and numerous major highway projects in and near the Lake County area, some subcontractors were seeking exploitable sources of sand and had underbid others in the same industry who obtained their material from established, regulated sand mines. He thought that a common tactic among the people and companies that attempted these excavations was to falsely claim that they were part of an agricultural or aquaculture operation that would be arguably protected from County regulation by the Right to Farm Act, and in some cases exempted from the Florida Department of Environmental Protection (DEP) and SJRWMD regulations. He felt that this loophole had been closed through the passage of House Bill 921 which contained an amendment by Representative Jennifer Sullivan and was introduced due to the County’s leadership. He elaborated that the amendment allowed the Florida Department of Agriculture and Consumer Services (FDACS) to revoke an aquaculture certificate of registration issued pursuant to Section 597.004, Florida Statutes, upon a finding that aquaculture was not the primary purpose of the certified entity’s operation. He also mentioned that House Bill 921 was now headed to the desk of Governor Ron DeSantis. He remarked that in addition to approving the action to seek injunctions on the current meeting agenda, his organization hoped that the Board would approve a motion or resolution authorizing Lake County staff and the BCC Chairman to contact Governor DeSantis with a letter of support for his immediate approval of House Bill 921. Commissioner Campione also noted that she had talked to Mr. Lee directly about this issue, and she asked if there could be a brief overview of Tab 3 from the County Attorney due to there being individuals on the line who were interested in that topic.

Ms. Melanie Marsh, County Attorney, explained that the White Water Farms property near the Cross Tie Ranch subdivision did not have any approvals from FDACS or the SJRWMD. She said that this was one of the reasons why there was a request for authorization to file an injunction; furthermore, in the event that the farm began moving dirt without approvals, the County could file this with the circuit court. She mentioned that the courts were currently closed and even if the County filed this, they would not likely have a hearing date for some time. She then stated that for the Walkabout Ranch Road property, the County had confirmation that they were not going to be receiving their agricultural exemptions this year, which was one of the requirements of the Right to Farm Act; therefore, in order to obtain protection under the Right to Farm Act, they would have to have an agricultural classification and be registered as part of a best management practices program with either FDACS, DEP, or the SJRWMD. She commented that this farm did have agricultural approval for a mass grading plan from the SJRWMD, but if they lost their agricultural classification, then the County would potentially be able to move forward on that property. She stated that the fish farm off SR 44 began their activity around 2014 and had an agricultural classification when they started, in addition to an aquaculture certificate from FDACS, thus meeting both parameters of the Right to Farm Act. She elaborated that this prevented Lake County from taking any action on that property, and she relayed her understanding that FDACS was potentially in the process of revoking their aquaculture certificate, along with there being some enforcement action taking place from the SJRWMD. She said that the County would have to wait and see what happened with those particular actions.

Commr. Campione indicated an understanding that for White Water Farms across from Cross Tie Ranch, and understanding that the courts were closed for hearings, the County had sent a notice from the Lake County Office of Code Enforcement to let them know that beginning any type of excavation activities without permits would be a violation. She asked Ms. Marsh to confirm if this was correct.

Ms. Marsh said this was correct and that the letter was sent out on either March 20 or 23, 2020. She added that it was sent to the property owner and was copied to their attorney.

Commr. Campione said that they would be on notice and aware of the County’s intention regardless of whether the County could have a hearing date for an injunction. She commented that for the alleged blueberry operation on Walkabout Ranch Road, the intent for the injunction was not only to stop the activity but also to be in a position where the County could mandate or negotiate reclamation and mediation of the property.

Ms. Marsh confirmed that this was correct.

Commr. Campione asked if the County’s goal with the fish farm was to find a solution that resulted in remediation and reclamation, and Ms. Marsh said that this was also correct.

Commr. Breeden questioned if this would be an appropriate time for the Board to form a consensus in support of Commissioner Campione writing a letter on behalf of the BCC to Governor DeSantis in support of House Bill 921, and Commissioner Campione thought that it was appropriate.

The Board relayed unanimous consensus for this.

On a motion by Commr. Breeden, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved the Consent Agenda, Tabs 3 through 23, adding Tabs 27 and 28, as follows:

COUNTY ATTORNEY

Request approval to authorize the County Attorney, or designee, to:

1. File an injunction against Tom West, Inc., a Florida for profit corporation.

2. File injunction actions in the future against other properties where it appears mining activities are taking place without proper development approvals.

The fiscal impact cannot be determined at this time. Commission District 4.

Request approval of a second amendment to the Amended and Restated Metropolitan Planning Organization Staff Services Agreement. The fiscal impact is $29,000.00 (revenue). 

Request approval for the Chairman to execute a letter of support and agreement to the Florida Attorney General regarding the Crime Stoppers Grant Program. There is no fiscal impact. 

Request approval to accept less than the full amount owed on a State Housing Initiative Partnership (SHIP) mortgage and note given to William and Selena Weaver, and approval to cancel the SHIP mortgage and release the note executed on January 29, 2008, recorded at O.R. Book 3576, Page 2425 for $158,000.00, upon receipt of payment in the amount $50,000.00 from Aliance Enterprises, LLC, within 30 days of approval. The fiscal impact is $50,000.00 (revenue). Commission District 5.

Request approval:

1. To terminate the Lease Agreement with the City of Minneola (City) for the Clerk of Court's South Lake Office located at City Hall at the request of the City.

2. Of a Lease Agreement with Olivewood International, LLC, for lease space located at 290 Citrus Boulevard, Suite 114/116, in Clermont, for the Clerk's South Lake Office.

The estimated impact for Fiscal Year 2020 is $16,725.53 (expenditure). Commission District 2.

ADMINISTRATIVE SERVICES

Extension Services

Request approval of the University of Florida's recommendation that Lori Johnson be hired as Extension Agent I, Family and Consumer Sciences and Food Systems Program, in the Office of Extension Services. The annual fiscal impact to Lake County is $27,531.76 (expenditure). 

Management and Budget

Request approval to purchase and install a new wireless network system for the Judicial Center in Tavares. The fiscal impact is $49,611.16 (expenditure). Commission District 3.

Procurement Services

Request approval to declare items as surplus and authorization to remove them from the County’s official fixed asset inventory system records. The fiscal impact (revenue) cannot be determined at this time.

Information Technology

Request to retroactively approve the executed addendum with Summit Broadband to increase internet bandwidth to support a remote workforce necessitated by COVID-19 precautions, and to accommodate future technology projects. The fiscal impact is $92,520.00 over five years (expenditure).

HUMAN RESOURCES AND RISK MANAGEMENT

Request approval:

1. For the County Manager to temporarily suspend some requirements of Section 6.1 of the County Employment Policies Manual, Leave Accruals, to increase the incentive for employees to use sick leave during and following the currently declared pandemic.

2. To make this authorization retroactive to March 13, 2020.

3. For the County Manager to implement other workforce actions deemed necessary during and following the currently declared pandemic that require temporary suspensions of County policies.

4. For the County Manager to determine the appropriate date on which to remove any temporary policy suspensions and report that date to the Board of County Commissioners.

There is no anticipated fiscal impact from this action.

AGENCY FOR ECONOMIC PROSPERITY

Request approval of an amendment to the agreements with MLFLW, LLC, d/b/a Fishing League Worldwide (FLW), for the 2020 FLW Pro Circuit Event and the 2020 College Fishing National Championship. There is no fiscal impact. Commission District 3.

PUBLIC SAFETY AND DEVELOPMENT SERVICES

Fire Rescue

Request approval of an interlocal agreement with the City of Mascotte for fire protection and rescue services. The fiscal impact is $884,000.00 (revenue/expenditure). Commission District 1.

PUBLIC SERVICES AND INFRASTRUCTURE

Facilities Management

Request approval to utilize State of Florida flooring contracts and authorize the Office of Procurement Services to execute all supporting documentation. The estimated annual fiscal impact is $50,487.00 (expenditure).

Request approval of Contract 20-0423 with Triangle Lightning Protection, Inc. (Eustis, FL) for lightning protection services for County buildings. The estimated fiscal impact is $66,075.00 (expenditure).

Housing and Human Services

Request approval of the First Amendment to the Subrecipient Agreement with the City of Minneola to extend the Community Development Block Grant Agreement for Fiscal Year 2019 for the Minneola Water Distribution System Improvements, extending the timeframe through March 31, 2021. There is no fiscal impact.

Public Works

Request approval of Resolution 2020-36 to advertise a public hearing to vacate portions of platted rights of way in the plat of Subdivision A of Eustis Park, located west of State Road 19 in the Dona Vista area, between Eustis and Umatilla. There is no fiscal impact. Commission District 5.

Request approval to:

1. Release a performance bond of $1,413,724.50 posted for completion of infrastructure improvements for the Johns Lake Landing Phase 5 final plat, located east of Clermont.

2. Execute a Developer's Agreement for Maintenance of Improvements with John's Lake LLC (Orlando, FL).

3. Accept a maintenance bond of $443,896.06 for maintenance of improvements.

4. Execute Resolution 2020-37 accepting Highland Woods Drive “Part” (County Road No. 1264), Crestmont Boulevard “Part” (County Road No. 1264A), Blossom Valley Drive “Part” (County Road No. 1264B), Magnolia Valley Drive “Part” (County Road No. 1264C), Serene Valley Drive “Part” (County Road No. 1264D), Hickory Wind Drive “Part” (County Road No. 1265), Secret Hollow Loop (County Road No. 1265A), and Shady Retreat Loop (County Road No. 1265B) into the County Road Maintenance System.

5. Execute a Developer's Agreement for Construction and Maintenance of Sidewalk Improvements with John's Lake LLC.

6. Accept a performance bond of $206,057.50 for performance of sidewalk construction.

7. Accept a maintenance bond of $18,732.50 for maintenance of sidewalk improvements.

There is no fiscal impact. Commission District 2.

Request approval to:

1. Accept the final plat for Sawgrass Bay Phase 4B2, and all areas dedicated to the public as shown on the Sawgrass Bay Phase 4B2 final plat, located near Clermont.

2. Execute a Developer's Agreement for Construction of Improvements with KB Home Orlando, LLC (Orlando, FL).

3. Accept a Performance Bond of $279,730.92.

The fiscal impact is $1,551.00 (revenue - final plat application fee). Commission District 1.

Request approval to execute a Local Agency Program agreement and supporting Resolution 2020-38 with the Florida Department of Transportation for construction of safety improvements and inspection services for the Lakeshore Drive safety project in the Clermont area. The estimated fiscal impact is $480,694.00 (revenue/expenditure - 100% grant funded). Commission District 2.

Request approval to execute a Local Agency Program agreement and supporting Resolution 2020-39 with the Florida Department of Transportation for construction of safety improvements and inspection services for the Lake Louisa Road safety project in the Clermont area. The estimated fiscal impact is $363,284.00 (revenue/expenditure - 100% grant funded). Commission District 2.

Request approval of Contract 20-0906 (Phase I) with Metro Consulting Group, LLC (Orlando, FL) for engineering and design services for Hooks Street from the intersection of Hooks Street and Hancock Road east to County Road 455. The fiscal impact is $475,682.10 (expenditure). Commission District 2.

Request approval of Contract 20-0901 with Booth, Ern, Straughan, & Hiott, Inc. (Tavares, FL) for engineering and design services for County Road 455 from 300 feet north of Lost Lake Road to Hartwood Marsh Road. The fiscal impact is $907,339.23 (expenditure). Commission District 2.

Request approval:

1. To procure a consultant to conduct a Project, Development, and Environment Study for the Wekiva Trail Extension (Segment 5) from Tavares to Mount Dora.

2. Of a budget amendment transferring $500,000.00 out of the Renewal Sales Tax Fund (2003 Authorization) Reserves account and into the Infrastructure - Studies account to cover the estimated cost of the study.

The estimated fiscal impact from this action is $500,000.00 (expenditure). Commission Districts 3 and 4.

reports

county manager

COVID-19 UPDATE

Commr. Campione expressed interest in asking Mr. Carpenter to provide an update with regard to the COVID-19 situation, and she thought that the County Manager would include this as part of his report. She remarked that she had been in direct contact with each of the hospital administrators, that she was in daily contact with the Florida Department of Health (DOH), and that she had all of the current information; furthermore, Mr. Carpenter was central in all of this. She said that the County was diligently trying to provide this information to the public and that this had been done through social media and pushing the information to news outlets. She commented that the County had recorded a video on the previous night which was being sent out to news outlets; additionally, they planned to update the video periodically and use live streaming to ensure that residents were receiving the most current information. She thought that the key was that the County’s website was very informative and said it had links for the DOH for updated statistics on what was happening around the state and for the number of positive COVID-19 cases in Lake County.

Mr. Cole added that all of the County’s COVID-19 resources could be accessed by a link at the top of its homepage, lakecountyfl.gov. He then asked Mr. Carpenter to provide an update.

Mr. Carpenter presented an update on the COVID-19 situation. He explained that currently, the Emergency Operations Center (EOC) was at level two with all of the stakeholders that they needed to communicate with. He commented that this was different from a hurricane and that they had minimal staffing, so they had implemented their virtual EOC plan due to the stakeholders that they needed to communicate with being offsite. He stated that they continued to work daily with stakeholders such as DOH, hospitals, healthcare facilities, and law enforcement and public safety agencies to gather information and work to fulfill the stakeholders’ unmet needs. He mentioned that they conducted two weekly stakeholder calls with all of their stakeholders and municipalities, public safety agencies, and private and nonprofit organizations to provide information, give assistance, and ensure that their unmet needs were being addressed. He said that they were also working with Lake and Sumter Emergency Recovery (LASER), who had done a great job in gathering supplies and meeting with churches, in addition to coordinating and conducting a blood drive. He indicated that the County would be meeting this week to work with nonprofit agencies and food banks to determine how the County could ensure that they received the needed food and that LASER and the nonprofits could help those in need of food assistance. He mentioned that the County was working with the Florida Division of Emergency Management (DEM) daily to procure the needed personal protective equipment that their public safety agencies used. He said that there was a process where the agencies could come through the emergency management office in each county to order those materials and that the office could send this to the State. He related that this weekend, the County received a partial order and was working with state elected officials to obtain all of the personal protective equipment that they needed, along with working with DOH to obtain all the needed collection kits for the testing of potential COVID-19 patients. He stated that his office was working with Mr. Brandon Matulka, Director for the Agency for Economic Prosperity, and the Florida Department of Economic Opportunity (DEO) to gather information for businesses for economic injury. He said it was known that some businesses closing down had an impact and that the County was working to gather that information and relay what was available for small business administration loans; furthermore, he thought that there could be additional funding and opportunities that the County could work to pass on to those businesses and individuals. He commented that the DOH in Lake County had a COVID-19 hotline at the number 352-742-4830, that it was available seven days per week from 8:00 a.m. to 5:00 p.m., and that they could quickly provide information on COVID-19. He said that there were operators on staff and that there was no wait time for residents to have their calls answered. He noted that information changed quickly, and said that the County’s website was a great resource for links and that DOH was a good place to find information. He also remarked that the Centers for Disease Control and Prevention (CDC) was a source that everyone should use and be familiar with.

Commr. Campione thanked Mr. Carpenter for his diligence and hard work on this issue. She mentioned the DOH for daily updates and said that as of the current morning, there were nine COVID-19 cases in Lake County. She noted that Orange County had a higher level of cases which was why they went to a mass testing site, though this was not warranted in Lake County at this time according to DOH. She commented that it was important for individuals to understand that if they had symptoms or if they believed that they had been in direct contact with someone who had COVID-19, to contact their doctor who could work with them or coordinate with DOH to have the test administered. She added that if they did not have a primary doctor, then they should call 352-742-4830 directly. She relayed her understanding that after talking to the director of the DOH in Lake County on the previous day, there would be some broader criteria being implemented on the current day with regards to who could be tested. She asked that if someone had attempted to be tested and felt that it was warranted but did not meet the guidelines, then they should contact the DOH again because their guidelines could be opened up. She noted that she had been part of a conference call that the Marion County BCC Chairman had arranged on the previous day with Volusia, Citrus, Hernando, and Marion Counties. She felt that it was a great conversation and said that this would be done on a weekly basis or sooner if needed to compare best practices and ensure that they were all in communication with each other. She asked for Mr. Matulka to consider the email received from Mr. Jochim and thought that it had some good ideas for how the County may be able to help businesses and individuals who were looking for employment opportunities due to losing their job or being laid off. She felt that other jobs were emerging as a result of recent needs and that there was an opportunity for people to adapt. She said that the County would continue to provide up to date information to news outlets, though she opined that the internet was the best way to find current information.

Commr. Breeden said that she had recently looked at the Lake County economic development Facebook page and noticed that they were hosting a webinar on Monday, March 30, 2020 entitled “Business Survival in the Pandemic.” She noted that individuals had to sign up for this and encouraged them to visit this page if they were interested.

Commr. Parks indicated that he appreciated everyone at the EOC, and he expressed support for the comments pertaining to economic prosperity. He commented that the Commissioners had received many emails from people who were worried about their businesses, and he thought that Mr. Matulka and his team could play a particular role in becoming more prominent as the county moved through this issue, along with being a resource to small businesses in Lake County. He said that he had received concerns regarding what banks would do with loans, noting that many small businesses operated with a line of credit to support labor and material costs. He relayed his understanding that the banks would be accommodating, and he suggested that Mr. Matulka could possibly direct people to the banks and facilitate this. He mentioned the possibility of discussing what the BCC could do to potentially defer property tax collection similar to how the Internal Revenue Service (IRS) had deferred the collection of federal taxes for 90 days.

Commr. Sullivan relayed that he had worked with Mr. Matulka and his office for Tourist Development Council (TDC) funding, and they had postponed a number of items including capital projects because they were already seeing some of the effects of cancellations from tournaments and other events that the funding would help support. He commented that they were considering this to ensure that they could help existing businesses, and he remarked that Mr. Matulka’s office was already working on accessing federal and state programs. He stated that he appreciated their efforts, along with the efforts of the County’s EOC. He said that he had used the EOC’s reports to address concerns he received pertaining to COVID-19, and he felt that the Chairman’s efforts to provide information through the media was helpful.

Commr. Blake agreed with Commissioner Parks and expressed that he had received similar emails from what could be the most affected industries who were concerned about paying their tax bill. He thought that the Board should consider ways to mitigate this impact to them.

Commr. Campione said that the Board could receive more information about the degree that they locally had influence over those types of decisions. She mentioned the importance of balancing these items because of the services which were essential in a crisis, such as emergency medical services (EMS), paramedics, and emergency management and support. She felt that having this discussion was important and that the Board could prepare for this with additional information and research before their next meeting.

Commr. Breeden thought that when the Board would have their priorities meeting, the landscape would have changed and many of those issues could be addressed at that time, if not sooner. She also thanked Commissioner Campione for drafting an excellent letter about the situation, and she hoped that it would be widely shared so that residents could read it.

Commr. Campione thought that the video could be given to news outlets on the current morning, and she expressed an interest in keeping it updated so that individuals who only watched television could receive up to date information about the county. She mentioned the Lake County Animal Shelter and relayed that their needs were currently high, and that many individuals had turned to them for the care of their pets. She said that this was a great time for individuals to foster and help the County move some of the animals out of the shelter into a better environment. She suggested to call the shelter if an individual was able to do this so that the shelter could have enough capacity. She reminded everyone that the County’s parks remained open but that it was important to be mindful of social distancing from other people and to be respectful of others who were using the parks. She advocated for being respectful of others and an individual’s impact on them, along with taking personal responsibility for one’s decisions. She noted that the health side of this issue was critical but that the economic side was also as important because it was tied to the County’s ability to address the health side. She elaborated that without supplies, food, and the ability to keep people employed to a certain degree, there could be issues for society. She mentioned that there could be some challenging decisions with regards to sheltering in place and similar items, and she thought that targeted approaches seemed to be effective. She noted that individuals needed to take responsibility and heed warnings, and she relayed that Governor DeSantis had put an order into effect with regards to incoming flights from the State of New York and State of New Jersey areas. She elaborated that Governor DeSantis gave tools to DOH and law enforcement to enforce this screening and quarantine time period, and that the County would have to monitor this to see how it was implemented and what lessons could be taken from it. She stated that the County would continue to keep everyone aware of the latest information, and that Mr. Carpenter would keep the Commissioners updated. She supported informing constituents, along with friends and family, as well as keeping everyone as informed and connected as possible while they could not be around one another.

commissioners reports

commissioner sullivan – district 1

Shepherd’s village project

Commr. Sullivan relayed that he had met with Mr. Alphonso Walker, who was the developer behind the Shepherd’s Village Phase 1 project. He noted that this agenda item included discussion and direction about taking a subordinate lien position to Citizen’s First Bank for the project, and that this was an affordable housing project that he had asked to include on the agenda because the timeliness of this item was important to access the funding sources in order for it to move forward in the near future. He said that taking a subordinate lien to a private entity was something that Lake County had not traditionally done, though this had been done in other counties to assist with the affordable housing shortages across the State of Florida. He commented that he had been assured that this was a viable project and that he had discussed it in detail with Mr. Walker. He believed that this was the right action to help the County meet some of the affordable housing needs in Lake County, and he mentioned that this would be located in Commission District 1 in an area where it qualified for multiple federal loan and affordable housing programs. He said that he had researched the project, and he encouraged the Board to approve for the Chairman to execute letters of support to be submitted with Shepherd Village's grant application to move this project forward.

Commr. Breeden asked to confirm that this would also include taking a subordinate lien position.

Commr. Sullivan confirmed this and said that even if the County took a subordinate lien position, the covenants that would keep it as affordable housing units would not be taken away. He noted that this was why he could support this and that it could help the county with affordable housing; additionally, it had been done successfully in other counties and was not a new venture except in Lake County.

Commr. Campione inquired how many units were involved.

Ms. Marsh indicated that this was phase one and would be four buildings with four units per building for a total of sixteen units.

Commr. Parks asked about what the County’s liability would be, along with the difference between this project and a project that the County had done with Mr. Steve Smith, Founder of New Beginnings of Central Florida.

Ms. Marsh replied that this was different from other projects that the County had done because the County had not been the primary funding source for the other projects. She mentioned the Clermont Village project and said that the County only funded impact fees for about $87,000, whereas the remainder of the construction money was obtained from the State and other sources. She commented that for the current scenario, the County would be the primary funder at about $1.4 million between the Community Development Block Grant (CDBG) and the State Housing Initiatives Partnership (SHIP) program, with the bank only providing about $750,000. She said that for liability, there was always a risk that the project either would not be finished, noting that construction costs had increased dramatically over the past year, or that the project would be completed but be unable to continue for some reason. She mentioned that this would be the worst case scenario and that if the project was built and the company went under or if it was not completed, then the bank would be able to foreclose their mortgage, the County’s mortgage would be affected, and the County would not be able to recoup those funds. She confirmed that there were restrictive covenants in place that required the project to be used for affordable housing and that they were specific with income levels, etc. She mentioned that the issue with the covenants was that if the bank foreclosed, then the bank would have to find someone willing and capable of coming in to manage the project as an affordable housing project and comply with all of the CDBG, SHIP and United States Department of Housing and Urban Development (HUD) requirements. She said that enforcement for the County could be challenging and expensive, but noted that this was a worst case scenario. She reiterated that Mr. Walker was available if the Board wanted to speak to him directly.

Commr. Parks asked if the County could possibly be who was managing the project if it defaulted. He also inquired how the project would be supported operationally and how the County could be assured that this would happen. He commented that how the project was managed could determine if the County would have to take it in a few years.

Ms. Marsh thought that this would be a question for Mr. Walker, and she noted that the second part of this agenda item was for letters of support. She said that Mr. Walker was continuing to apply for grants from other entities, and she remarked that if the County subordinated its lien, they would have no legal right to take title to that property and operate the project; furthermore, the County would only be able to attempt to perform enforcement against whoever owned it at that point in time.

Commr. Campione said that because the County would be in a second position, they would not be responsible for managing the project but would lose the CDBG funds that they contributed to the project. She asked that with the bank being in the first position, would the bank still have the covenant with regard to affordable housing.

Ms. Marsh confirmed this and said that it was agreed that the restrictive covenants could be recorded first in priority before they were mortgaged, and the priority would be as follows: the restrictive covenants; the bank’s mortgage; and the County’s mortgage. She questioned that if it was a half-finished project, whether the County would attempt to or would have the ability to enforce against the bank to complete the construction.

Commr. Campione relayed her understanding that the bank would be in the first position if it was a half-finished project, and she wondered if the County would have code enforcement rights and the potential ability to lien the property if the project did not do anything.

Ms. Marsh thought that the project was in the City of Leesburg; therefore, the County would not have code enforcement jurisdiction. She elaborated that it would be up to the City of Leesburg.

Commr. Campione then asked if the County could negotiate something to this effect with the City of Leesburg as a condition so that the County could have some mechanism to get the property back if the bank were to abandon the project.

Ms. Marsh replied that the County could have this conversation with the City but that they had not discussed it at this point.

Commr. Parks inquired about who would obtain the property if the project was unsuccessful and if no one wanted it.

Ms. Marsh hoped that this scenario did not happen but noted that the County would have to determine what their options would be at that time. She stated that another option could be to attempt to buy out the bank’s interest so that the County would take title to it completely, and then try to find someone to take either ownership and maintain it, or to maintain it on the County’s behalf.

Commr. Campione expressed support for exploring the possibility through an interlocal agreement for the City to assign code enforcement rights to the County so that the County would have the ability to lien and take over the property. She said that this could at least give the County a remedy if everyone else walked away.

Commr. Breeden said that she was supportive of this from Commissioner Sullivan’s point of view and felt that with everything occurring with workforce housing, this was not the time to be creating roadblocks to complete the project.

Commr. Parks expressed that he did not want to create roadblocks for any affordable housing project and thought that affordable housing could be a significant issue after the COVID-19 situation resolved; however, he indicated an interest in this item not hurting the County further from a fiscal standpoint. He said that he appreciated Commissioner Campione’s suggestion for exploring an interlocal agreement for code enforcement.

Commr. Sullivan agreed with Commissioner Campione’s position and thought that due to the timeliness of the project, the BCC should move it forward. He noted that if some of the other funding sources for the project did not award funding, then the project may not be started. He stated that he liked the idea of using code enforcement and thought that the City of Leesburg would prefer to allow the County to do this. He opined that it was a viable project in the early stages and was needed in this area. He felt that the right people were behind the project, and commented that Mr. Walker had been involved with these types of projects across the state. He believed that the project would move forward successfully.

Commr. Blake expressed appreciation for Commissioner Sullivan bringing this item forward but agreed with the staff recommendation that the Board should not put themselves in a position where they would not be able to recoup the investment.

Commr. Breeden relayed her understanding that the staff recommendation did not show on the requested item, and she asked if it could be reiterated.

Commr. Blake said that it was not to subordinate and take second position.

Commr. Campione thought that since it was a CDBG project, the County would not be in the same type of danger they would be in if they were funding the project. She felt that the County needed something in place regarding code enforcement and that the subordination issue was the most important reason for this. She expressed that she would make this a condition of her support so that the County would explore this and determine what they could get in place with the City of Leesburg with regards to the County having code enforcement rights if the project reached that point. She thought that Mr. Walker would let the Board know that his goal was to make this project as successful as possible, and she felt that there was a need for it. She also opined that this could be a great pilot project and could lead to other types of projects. She expressed that the Board should want it to be successful and noted that they had been discussing the worst case scenarios and what the County would do if the project did not work out. She said that she would support it but that she wanted a remedy of code enforcement if the County would have to use it due to being in a second position.

Commr. Blake stated that if this was enough to make Commissioner Campione comfortable with the project, then he could also support it.

Commr. Parks asked if the entire plan was for 40 units and if this was phase one for 16 units, and Ms. Marsh confirmed this. Commissioner Parks then inquired if there was a way to have the project come back before the Board before a subsequent phase would be initiated.

Ms. Marsh explained that the project would have to come back and reapply for CDBG or SHIP funds; furthermore, if funding was available and the project was selected, then this would come back to the Board as part of an agreement that they would have to approve for a phase two or phase three.

Commr. Sullivan made a motion to approve item two of Tab 24, approval for the Chairman to execute Letters of Support to be submitted with Shepherd Village's grant application for the Federal Home Loan Bank Atlanta's 2020 Affordable Housing Program, with the caveat that the City of Leesburg would subordinate code enforcement to the County.

Commr. Breeden seconded the motion and asked if this included anything pertaining to the subordinate lien position or was the Board not to vote on it at this time.

Commr. Campione asked for clarification if Commissioner Sullivan was including the subordinate lien position in his motion with the reference to the code enforcement agreement being worked out with the City of Leesburg.

Commr. Sullivan clarified that taking a subordinate lien position to Citizens First Bank for the Shepherd's Village Phase I Project was included. He felt that this would be necessary for the project to be started and meet the covenants of the affordable housing program loan.

Ms. Marsh asked to clarify that the caveat to the motion would be to put an agreement in place with the City of Leesburg. She was unsure if the City would be interested in transferring that enforcement power to the County; furthermore, if this was an absolute caveat, then Shepherd’s Village would not be able to move forward unless the County was able to negotiate that agreement and bring it back to the Board for approval. She suggested the possibility of modifying the motion to make this more lenient so that the County would take all steps to explore and get it in place, but be clear as to whether this would hold up the project as a contingency.

Commr. Campione commented that she needed clarification as to whether this item needed to move ahead at this meeting to meet a deadline or whether the Board could use the time between this meeting and the next meeting to gather feedback from the City of Leesburg.

Ms. Marsh stated that for the SHIP agreement, the project was supposed to expend those funds within one year; additionally, the Board had originally approved this agreement at their January 28, 2020 meeting. She mentioned that the CDBG funds had to be expended within two years and thought that the one year requirement for the SHIP funding was because the County was pressured by the State to have those funds expended due to them being prior year funding. She relayed her understanding that it was fiscal year (FY) 2018 funding and said that if staff brought this item back at the next meeting, they would have to explore with the State the ability to extend those timeframes for extending the funds and also bring back a contract amendment because the project was already two months into their year to spend the SHIP funds.

Commr. Campione thought that the Board should move ahead and direct Ms. Marsh to reach out to the City of Leesburg. She expressed that she felt certain that the City wanted this project to move forward, and she anticipated that the City would be cooperative with the County. She expressed concern for holding up the project due to other issues in the state, and felt that this could be an issue from a timing standpoint. She opined that the Board should keep pushing the item forward.

Commr. Breeden said that she was willing to amend her second per the County Attorney’s recommendation.

Ms. Marsh restated that the motion would be to approve Tab 24, item one, for the subordination, and item two, for the letters of support, directing the County Attorney to attempt to negotiate an interlocal agreement with the City of Leesburg for code enforcement authority but not hold up the project based on this.

Commr. Sullivan and Commissioner Breeden both agreed with this.

Commr. Campione said that the Board was counting on Mr. Walker’s leadership, knowledge and expertise. She added that the Board was looking for this to be a successful project that could serve as a model for other needs throughout the county. She thanked him for taking on this item.

On a motion by Commr. Sullivan, seconded by Commr. Breeden, and carried unanimously by a 5-0 vote, the Board approved the following items: 1. Discussion and direction on taking a subordinate lien position to Citizens First Bank for the Shepherd's Village Phase I Project; and 2. Approval for the Chairman to execute Letters of Support to be submitted with Shepherd Village's grant application for the Federal Home Loan Bank Atlanta's 2020 Affordable Housing Program, with direction for the County Attorney to attempt to negotiate an interlocal agreement with the City of Leesburg for code enforcement authority but to not hold up the project based on that discussion.

staff working on covid-19 situation

Commr. Sullivan said that based on his discussion with the department heads regarding the COVID-19 crisis, they were all working hard toward making Lake County a safe place and ensuring that citizens and businesses had access to the many programs available through the State of Florida and the federal government.

commissioner parks – district 2

thanking personnel

Commr. Parks thanked first responders, healthcare providers, and everyone working at the Lake County EOC. He commented that everyone was working hard to serve the county’s residents.

recognizing lake and sumter emergency recovery

Commr. Parks mentioned the importance of what LASER was doing. He said that anyone involved with a church, a nonprofit, or a group that wanted to help serve anyone in need during this time could reach out to LASER, which was supported by the BCC, to put those efforts together and ensure that they were being efficient and effective. He thanked LASER for what they were doing.

recommending body for water resource issues

Commr. Parks referenced Ms. Moss’ email and expressed his support for a potential recommending body established by the BCC to discuss issues related to water resources. He said that this body could possibly consider scientific data and recommendations for the Board, and he indicated an interest in discussing this in the future.

commissioner breeden – vice chairman and district 3

thanking personnel

Commr. Breeden thanked staff, the County Manager, Mr. Carpenter, all of the cities that were helping, the County’s first responders, the Lake County Sheriff’s Office, firefighters, emergency management staff, EMS staff, and medical staff. She also thanked citizens who were helping with social distancing and being responsible. She hoped that the COVID-19 situation would resolve itself quickly.

COMMISSIONER BLAKE – DISTRICT 5

thanking county staff

Commr. Blake thanked Mr. Cole, Ms. Marsh, Mr. Carpenter, Mr. Spencer Kostus, Operations Coordinator for the Office of Emergency Management, and everyone who had been responsive with the COVID-19 issue.

personal protective materials for covid-19

Commr. Blake mentioned the risk of exposure to COVID-19 for first responders. He said that many companies were trying to catch up on producing personal protective materials, and he expressed interest in making sure that the County’s federal lobbyist was engaged in ensuring that Lake County could be on the priority list for receiving the materials from recent production increases for first responders.

Mr. Cole commented that staff also shared this concern with the County’s EMS, paramedics and fire rescue. He relayed that he had reached out to Congressman Ross Spano’s office, Congressman Daniel Webster’s office, and Congressman Michael Waltz’s office on Friday, March 20, 2020. He commented that they were all very engaged in helping the County, and added that Mr. Carpenter was in contact with the DEM to ensure that their orders were filled. He remarked that the County received a partial order on the previous day and that Congressman Spano was in contact with the DEM to see if he could free up the rest of that order.

Commr. Breeden expressed interest in the Board having a resolution of support and appreciation for their first responders to include first responders and medical staff.

Commr. Campione thanked Commissioner Blake for his comments and thought that Commissioner Breeden had made a good suggestion. She reiterated that the County had been working with its legislators and their offices, and they had been very responsive in trying to help the County with personal protective equipment. She thought that there would be many items available in the immediate future but that the County would have to keep the pressure on and hopefully the items would start to flow in. She also hoped that there would not be concerns about shortages. She noted that a similar situation had occurred in the State of New York but that they obtained a significant amount of personal protective equipment; furthermore, she thought that this situation could be seen in the near future in Lake County and in the State of Florida. She expressed appreciation for the Congressmen’s offices, Senator Marco Rubio’s office, and Senator Rick Scott’s office for being responsive and answering the County’s emails. She noted that she had been sending emails to them expressing concerns that businesses had and asking them to try to address specific needs of the county’s small businesses under the 50 employee threshold that much of the relief had been directed to in the past. She urged the other Commissioners to continue writing emails and making phone calls to the Senators’ offices and the Congressmen’s offices to give them input and let them know about their constituents’ concerns.

economic impacts in lake county

Commr. Blake commented that there had been some economic impacts to the service industry, and he expressed interest in ways that the County could try to protect the local economy and some of the industries that the county’s economy depended heavily upon. He felt that it would be important for the Board to be creative and formulate ways to mitigate this impact, which could possibly include acting decisively on temporary action for impact fees, along with similar actions. He said that he appreciated the statement that Commissioner Campione had released and felt that sending out the dedicated Lake County COVID-19 webpage had been helpful for local businesses to have access to loan information and DOH updates and statistics.

commissioner campione – CHAIRMAN AND district 4

appointments to the canvassing boarD

Commr. Campione thanked Commissioner Parks for agreeing to serve as the alternate member.

On a motion by Commr. Sullivan, seconded by Commr. Breeden, and carried unanimously by a 5-0 vote, the Board approved to appoint Ms. Jennifer Hill as the Canvassing Board member and Commissioner Sean Parks as the alternate member.

interlocal service boundary agreement with city of eustis

Commr. Campione said that she had asked for an amendment to be made to the interlocal service boundary agreement (ISBA) that the County had sent to the City of Eustis with regards to the Pine Meadows property. She elaborated that there was much discussion at the last Eustis City Commission meeting and that there seemed to be a misunderstanding about the language that was in the agreement as to whether it would prevent the City from going forward with other ISBAs or a master agreement in the future; furthermore, she thought that it was being interpreted as if the City signed the Pine Meadows agreement, then they would be unable to perform any other annexations. She stated that this item was an attempt to clarify this so that it would no longer be an issue causing confusion, though she could not guarantee that this would ultimately fix anything; however, it could address this particular issue. She encouraged the Board to watch that portion of the City’s meeting, and she opined that there was a misconception about the County’s intentions and why they were trying to facilitate this particular property and property owner with regards to being able to annex. She relayed that there was no hidden agenda nor was there an agenda other than there was a piece of property that was formerly a golf course and was largely surrounded by an area that was zoned Urban Residential (R-6), was a residential neighborhood, and had water and sewer technically available to this site. She added that this property owner had attempted for years to be a part of the city, though different circumstances had prevented this. She commented that the property owner was asking to move ahead and the County was trying to facilitate this. She noted that during their meeting, the City had opined that they were being singled out as a city to perform planning within the joint planning area (JPA) with the County, and that the County was making demands pertaining to densities and intensities that were inconsistent with what other Cities were asked to do in prior ISBA agreements. She opined that an issue with prior ISBA agreements was that the County had not addressed joint planning, and she recommended to the Board that they ask the County Manager and County Attorney to go back to each of the other Cities that the County had an ISBA with to seek modifications and amendments to those ISBAs wherein the County could address issues of joint planning within those agreements. She expressed an interest in making those agreements such that the County would be unable to have them used as the basis of a precedent to not have a good agreement with any other City. She thought that the County needed to work on the other agreements so that they were addressing land planning issues and consistencies with densities and intensities with surrounding unincorporated areas within these ISBAs for all of the Cities, and to see if those agreements could be corrected across the board. She suggested for the Board to entertain this as something they could ask the County Attorney and County Manager to do, and in the meantime they could amend the agreement for the Pine Meadows property so that the City of Eustis would know that the County was open to allowing them to proceed if they chose to.

Commr. Breeden indicated support for this. She relayed her understanding that an email from the Eustis City Manager suggested that the Eustis City Commission had indicated at the previous meeting between the County and City that the City would not support this; however, she thought that several Eustis City Commission members had said that they were willing to discuss and consider this. She supported sending the agreement back to the City as amended, and she thought that if the City was interested in helping their community and the economy, then they would move forward with it.

Mr. Cole said that this email could be read into the record.

Commr. Campione expressed support for this and clarified that she was not trying to ignore what the Eustis City Manager was asking for, but after listening to the City’s meeting, she believed that there was confusion on their part that this would restrict them or would create a situation where they would not be able to move forward with other annexations. She denied that this was accurate, and she opined that it would be positive to allow the City to decide if they wanted to take action on it without including that language. She stated that if the County fixed this language, then they would have done their part to make it clear that they would not hold the City up from going forward with other annexations that met the Florida Statutes.

Commr. Parks commented that he understood what the County was trying to do, but he was concerned that the City would not ratify it. He thought that based on a previous joint meeting between the County and the City, the direction was that they would move forward with JPAs, amend the JPA agreement, and not take any other action until this was done. He also relayed his understanding that this would not take a year and that if the City and County staffs worked together, they could possibly do this within two months. He expressed disappointment to hear that the City was either not interested in this or that there was miscommunication or a misunderstanding. He thought that it would be fine to support the motion but reiterated that it was not likely to have an effect because the City could turn it down. He supported having JPA planning with the City of Eustis and other Cities, and he felt that they would not be mistreated by going through a JPA process and updating it. He felt that it would be a fair JPA process with staff to staff discussions to craft the JPA agreement and then move forward. He hoped that the City would do this.

Commr. Campione relayed that she had the impression during the joint meeting that the City thought it would be reasonable to perform joint planning, to review the JPA and land uses, and to compare the City’s land uses to the County’s. She thought that when the City had their meeting after this, they were under the impression that they might have to give up some of their densities in locations where they did not want to do this. She said that until there was a discussion comparing the County’s code or Comp Plan to the City’s, the County was unaware of where those locations would be where there was possible consternation. She supported undergoing the exercise to determine if this was insurmountable; however, the City had indicated that they did not want to do this. She said that the County could send this agreement back to the City and it would at least allow them an opportunity to move forward. She urged the property owner to consider bringing in a Comp Plan amendment to the County and to let them go through the public hearing process; furthermore, the County could receive comments from unincorporated residents. She added that the County could at least facilitate those hearings, and she relayed her understanding that the Eustis City Manager was concerned that if the City took this issue on and heard comments from residents but did not listen to each comment, then the County could possibly use this to show that the City was not being receptive to county residents. She thought that this was another reason why the Eustis City Manager did not want his Commission to move forward with the Pine Meadows agreement because there could be pressure on the City if there were comments made against what was being proposed. She said that another possibility was that the land owner could bring in a requested land use change through the County with the understanding that they would still want to have water and sewer from the City of Eustis. She indicated an interest in this process being transparent and said that the County was only trying to facilitate a good planning process and the property owner moving ahead.

Commr. Sullivan agreed with these comments and believed that the Board should move forward with this request, along with opening up the joint planning process. He stated he had heard the opinion that the County had been holding up the City’s progress; however, he thought that this would be an incremental way for the City to take some positive action toward an ISBA. He said that in the meantime, the County could undergo the joint planning process as Commissioner Parks had recommended and address the details for other properties that may come into the city.

Commr. Parks expressed his support for a motion to approve this item, and he requested that the City officials and Councilmembers let the two staffs meet and begin the JPA process.

Commr. Breeden thanked Commissioner Parks for mentioning this, and she thought that the Board had consensus after the previous meeting that staff would be allowed to do this. She hoped that this would happen.

Commr. Campione remarked that if the City agreed to consider joint planning staff to staff, then there was a possibility that they could bifurcate challenging areas to leave them alone, and address other areas that would be easier. She said that this could keep the process moving as opposed to an all or nothing approach, and she opined that this could be in the best interest of the business community, the property owners, and county and city residents. She felt that the City of Eustis could benefit greatly from this, and she thought that it was important for County staff, the County Manager, and the County Attorney to go back to the other Cities that the County had agreements with and see if they could reopen them to address joint planning. She opined that the County could also improve on the other agreements and that the other Cities would be open to this.

Mr. Cole reported that staffs had been interacting together and that for the ISBAs, the County reached out to the City of Clermont about a month prior; furthermore, he and the Clermont City Manager agreed that it was in the best interest of both the City and the County to terminate that ISBA. He added that staff could meet with the other Cities and review their ISBAs.

Commr. Campione mentioned that other Cities may want to terminate their ISBAs, similar to the City of Clermont.

Commr. Parks relayed his understanding that the City of Clermont was proposing to terminate the ISBA but that the County could still conduct some joint planning with them. He felt that the County had a good relationship with them regarding planning.

Mr. Cole confirmed that the County could continue this, and he remarked that the County was also looking to create a fire agreement between the two entities.

Ms. Booth read an email from Mr. Ron Neibert, Eustis City Manager from Monday, March 23, 2020 into the record, in which it was stated that per the attached email correspondence, Ms. Cecelia Bonifay, legal counsel for the City of Eustis, expressed the Eustis City Commission’s desire not to move forward with a phase one ISBA. The email continued that this position had been expressed to the BCC at the December 19, 2019 negotiating session, was reaffirmed by the Eustis City Commission at a special commission meeting on March 12, 2020, and had been forwarded to Ms. Marsh on March 13, 2020. The email indicated that the City was notified of a proposed amendment to the County’s previously approved agreement which was placed for consideration on the BCC’s March 24, 2020 agenda. The email stated that the City of Eustis respectfully requested that this item be withdrawn from the March 24, 2020 agenda and not be ratified by the BCC. The email said that the City looked forward to and hoped for successful negotiations of a complete ISBA at their meeting in May 2020.

Commr. Campione asked Mr. Cole to communicate the Board’s thoughts on this item, and to promote transparency and positivity.

On a motion by Commr. Breeden, seconded by Commr. Blake, and carried unanimously by a 5-0 vote, the Board approved the amended Phase I Interlocal Service Boundary Agreement with the City of Eustis (City) authorizing the annexation of certain property owned by PMCC, LLC into the City, which supports development of the property while the County and City negotiate an Interlocal Services Boundary Agreement.

comments regarding covid-19

Commr. Campione expressed that she appreciated the comments that the Commissioners had made supporting staff, first responders, and the healthcare community. She commented that the Board was here to support Lake County government and that they appreciated the sacrifices being made. She also noted that the Board stood with the business community, that they were trying to provide support, and that they were open to ideas and suggestions; additionally, she indicated an interest in staying in communication and standing together. She related that Lake County was not alone and that they would come out of this situation eventually. She felt that the county would be stronger and smarter, and that they would learn important lessons that could be applied in the future. She said that they would need to have perseverance and diligence, as well as keeping information flowing to the community. She stated that they would also have to be realistic and that in the following week, the number of infected individuals in Lake County may rise; furthermore, the County was watching this closely. She commented that this was the most important time for vulnerable or at risk individuals in the community to stay home and not be exposed to the virus. She suggested that if an individual was helping someone in those categories, they should provide supplies without direct contact. She was hopeful that because the county began social distancing when they saw what was occurring in other parts of the country, their experience could possibly be milder; however, this could not be predicted. She said that this was an important time to increase diligence in Lake County and look out for those who were most at risk.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:54 a.m.

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leslie campione, chairman

ATTEST:

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GARY J COONEY, CLERK