A Special MEETING OF THE BOARD OF COUNTY COMMISSIONERS

December 1, 2020

The Lake County Board of County Commissioners met in a special session on Tuesday, December 1, 2020 at 9:00 a.m., in the County Commission Chambers, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Leslie Campione, Chairman; Doug Shields; Sean Parks; Kirby Smith; and Josh Blake. Others present were: Jeff Cole, County Manager; Melanie Marsh, County Attorney; Angela Harrold, Agenda Coordinator, County Manager’s Office; Kristy Mullane, Chief Financial Officer; and Josh Pearson, Deputy Clerk.

pledge of allegiance

Commr. Campione led the Pledge of Allegiance.

citizen question and comment period

Ms. Lee Conger, a concerned citizen, recalled that the Board had asked the City of Eustis for time rather than going to conveyance, but she opined that everything that had transpired since then had shut the door on collaboration. She hoped that the Board would be voting for the conveyance today.

Mr. Erikk Ross, Director for the Information Technology (IT) Department, said that two individuals had their hands raised over Zoom Webinar.

Mr. Lloyd Kennedy, a resident of Burgess Terrace, said that he had hired Ms. Alison Yurko, an attorney, to help in this matter because he opined that there were other ways that the City of Eustis could have gotten to their area and that this was not in the spirit of the annexation law. He expressed appreciation for what the Board was doing, and he thought that proper planning was important. He expressed support for the deed on this piece of property, and for continuing planning with the City.

Mr. Sam Miller, an attorney with Akerman LLP, said he was speaking on behalf of Ms. Carol Harper, as trustee of the Carol Harper Living Trust. He commented that he was speaking against the resolution and the proposed transaction, and he opined that it was not a legitimate transfer of property and that it was in order to block a proper State-prescribed annexation. He stated that there was a legitimate process and procedure for Lake County to follow if it wished to challenge the proposed annexation under the Florida Statutes. He opined that there were issues with the notice of the current special meeting, and that the proposed transaction violated the declaration governing the reserve property. He relayed his understanding that the State of Florida, through the Florida Communities Trust (FCT), was supposed to have notice and provide consent to any transfer of this property. He relayed that there was currently a pending lawsuit with a hearing on the previous day, and that if the Board moved forward at the current meeting, they would have no choice but to continue the lawsuit; additionally, it was likely to expand. He opined that Lake County should participate in the State-prescribed process for challenging an annexation. He also indicated an understanding that there was a meeting scheduled between the staffs of Lake County and the City of Eustis and that if this was the ultimate goal, it was being accomplished.

Mr. Ross commented that one more hand was raised over Zoom Webinar.

Ms. Tammy Penya, a resident of Burgess Terrace, thanked the Board for the current meeting and for trying to continue efforts in good faith to work with the City of Eustis for joint planning this area. She supported the transition of the 25 feet to the conservation group, and she said that growth was inevitable; however, she opined that having the right plans and infrastructure in place, along with ensuring that it was accommodating to the surrounding areas, was important. She thought that both parties should be able to agree on joint planning for this area.

RESOLUTION 2020-214 to convey property

Ms. Melanie Marsh, County Attorney, said that she had provided the Board with some changes to the resolution that was published as part of the agenda on Friday, November 27, 2020. She stated that these changes were based on comments made at the hearing on the previous day regarding the emergency temporary injunction, along with comments she received from some Board members. She asked that they consider approving this form of the resolution unless they had other changes.

Commr. Parks asked about changing the date on the resolution to make clearer that at the Board of County Commissioners (BCC) meeting two weeks prior, they discussed having it be no later than March 1, 2021.

Ms. Marsh recalled that the discussion at their last meeting was to request the City of Eustis to postpone the annexation until possibly their second meeting in February 2021, and this could be changed to say until no later than March 1, 2021, to cover all of February 2021.

Commr. Smith believed that this had been the motion.

Commr. Parks also asked to confirm that there were no FCT issues.

Ms. Marsh stated that she had conversations with the FCT and that she did not believe that it would be an issue to work with them; additionally, they were willing to work with the County on any changes that the County wanted to submit to them. She commented that she would be reaching out to them on the current day to pull together the information that they requested to be sent to them to make a change.

Commr. Blake asked if this foundation currently operated other conservation properties.

Commr. Campione relayed her understanding from knowing Mr. Scott Taylor and Ms. Elaine Taylor, that conservation, preservation of land and planning were all significant issues for their foundation. She relayed that they engaged in activities related to education and cultural issues, noting that conservation was a large part of this. She thought that the County’s agreement with them would be that this strip of property would be maintained as part of the County’s maintenance of the property. She was unsure if they owned a conservation property.

Ms. Marsh displayed a sketch of the 25 foot strip of property and clarified that the FCT grant the County received was not for the purchase of this property; rather, it was for improvements to the property, and none of the improvements were anywhere within this 25 foot strip. She commented that this was another reason why, in communications she had with the FCT, she did not believe it would be an issue to have the restrictive covenants or the agreement amended.

Commr. Smith asked about the resolution number.

Ms. Kristy Mullane, Chief Financial Officer, relayed that this could be provided to the County Attorney after the meeting.

Commr. Campione noted that she had two speaker cards.

The Chairman opened the floor for public comment.

Ms. Yurko said that she had reviewed the pleadings and opined that it could not be clearer that the court was supportive. She thought that the Board should move forward and that it did not make sense to create a situation where there was 25 times the current allowed density with no joint planning. She opined that this was the right thing to do, that there was a public purpose, and that there was a governmental obligation for the City and County to jointly plan the area.

Ms. Patricia Duncan, a concerned citizen, said that over 300 flyers had been distributed to their neighbors and that each person they spoke to was opposed to the annexation and land use change. She said that sensible planning for the area had to take place.

There being no one else who wished to address the Board regarding this matter, the Chairman closed the floor for public comment.

Ms. Marsh stated that if the Board approved the resolution at the current meeting, it authorized the Chairman to execute the deed and any other closing documents, including the associated agreement with the foundation. She added that they were prepared to record the deed on the current day, and that the City of Eustis did not have any announcements for a special meeting. She relayed her understanding that the City’s next meeting was their regular meeting on December 3, 2020.

Commr. Parks noted that on December 3, 2020, the Board would find out if the City would oppose it or not.

Commr. Campione said at that point, it would be too late and that if the City voted to proceed, then the County’s only remedy was to file an appeal. She thought that everything the County had tried to do so far was to accommodate a situation where they planned. She expressed appreciation for the City reaching out about a meeting with their staff; however, that meeting would occur when the County would be in a situation of pursuing litigation. She mentioned that there were many ways to go about joint planning that could address this specific area, the joint planning area (JPA), and all of the areas that had been discussed before that the City had interest in growing in. She said that Pine Meadows was an example of where the County was able to work with the City to accommodate a particular development. She thought that this was a case where there was room to engage in planning without it being a drawn out scenario; additionally, they could address the concerns of residents, along with services, traffic, transportation, and some longer range items, to be good stewards of both the area and the Board’s responsibility to represent all of the people in Lake County. She thought that the Board was doing the right thing to put a pause and bring everyone to the table.

Commr. Parks asked if someone was going to the December 3, 2020 Eustis City Commission meeting to object.

Ms. Marsh relayed that she was planning to attend and that if the City held the hearing, she would present all of the County’s reasons for objecting to the annexation.

Commr. Campione commented that if the City proceeded, the record at the Eustis City Commission meeting was the record that would go to the court. She said this was why having the County Attorney present the reasons behind the opposition to the annexation was critical.

Commr. Smith asked to confirm that if they conveyed the property today, then would the City of Eustis no longer be contiguous, and Ms. Marsh confirmed this. Commissioner Smith then inquired how the City could go forward with the annexation.

Commr. Parks noted that if the City delayed the annexation, it could be conveyed back to the County. He asked about the City delaying the annexation on December 3, 2020.

Commr. Smith stated that the County could work with them until March 2021 to develop a good plan, and then convey it back.

Commr. Campione thought the concern was that the City would ignore the Board’s decision and move ahead to put the Board in a position where the only way they could challenge it was to appeal it.

Commr. Smith inquired if it would be appealed because it was not contiguous.

Commr. Campione confirmed this and opined that it would make the County’s case stronger.

Commr. Parks said that if the City wanted to meet with the County, then at some point the property could be conveyed back.

Commr. Smith noted that this was what the Board was trying to do, along with having the City and County work together to develop a good plan for a transition area from urban to suburban, and to rural.

Ms. Marsh clarified that there was a reverter in the deed which indicated that it would be conveyed back to the County if it was needed for park or road purposes; additionally, the agreement that the foundation had signed also indicated that at any point in time, the County could give them 30 days’ notice to terminate, at which point they would convey the property back.

Commr. Blake said that he understood the Board and the concerns of the neighbors. He explained that he opposed it at the previous BCC meeting and would be voting against it at the current meeting because he opined that the City thought the procedure was set up a certain way and the County was changing it at the last minute. He added that his only concern was the procedural part of it.

Commr. Campione stated that if they had worked on planning before, then there would not have been an issue.

Commr. Blake said that he was aware of the history with the City. He also commented that he understood the legal question of whether it met the State contiguity requirements.

Commr. Campione did not think that the City was following the rules and said that when the County had asked them to follow the rules and come together with them, the City declined. She also did not think that it was an issue of the County not following the rules.

On a motion by Commr. Smith, seconded by Commr. Shields, and carried by a vote of 4-1, the Board approved Resolution 2020-214 conveying a portion of Alternate Key 3672046 to the Elaine Berol Taylor and Scott Bevan Taylor Foundation for conservation purposes, with the modification to reflect that on November 17, 2020, the Board had requested the City to postpone the annexation until no later than March 1, 2021.

Commr. Blake voted no.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 9:24 a.m.

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leslie campione, chairman

ATTEST:

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GARY J COONEY, CLERK