City Commission Regular Meeting

MINUTES APPROVED: 4/15/2021 Joint City/County Commission Meeting 5:00 PM - Wednesday, March 31, 2021 - City Hall CALL TO ORDER: 5:00 P.M. ACKNOWLEDGEMENT OF QUORUM AND PROPER NOTICE PRESENT: City of Eustis: Commissioner Nan Cobb, Vice Mayor Emily Lee, Commissioner Karen LeHeup-Smith, Commissioner Willie Hawkins, Mayor Michael Holland, City Manager Ron Neibert and City Attorney Derek Schroth Lake County Board of Commissioners: Commissioner Josh Blake, Commissioner Leslie Campione, Chairman Sean Parks, Commissioner Doug Shield, Commissioner Kirby Smith, County Manager Alan Rosen and County Attorney Melanie Marsh 1. THRILL HILL ANNEXATION MEDIATION WITH JUDGE RICK ORFINGER 1.1 Mayor Holland called the meeting to order and commented on the purpose of the meeting to review what has happened, where they need to go and how to move forward. He thanked the County Commission, County Attorney and staff for their attendance. Lake County Commission Chairman Sean Parks thanked everyone for attending and expressed hope for a productive meeting. Mayor Holland introduced Rick Orfinger, retired judge, as the mediator. Mr. Orfinger commented on the inevitability of growth in Florida and the need to plan for it and manage it. He reviewed the process to be used noting that it is not similar to a mediation due to litigation. He indicated this is a voluntary process and no one would be forced to accept a deal. He asked all parties to keep in mind what their options are and what would be the best alternative for a negotiated settlement and what would be the worst. He stated that a lawsuit would take away the ability to negotiate. He commented on what he would and would not do stating that he is not there to tell them what to do but is there to help facilitate a dialogue. Mr. Orfinger then reported that he spent time that day speaking to the Mayor, County Chairman and managers. He stated that the bottom line is the need to resolve the issue before them. He suggested that their constituents would prefer that their elected officials reach an agreement rather than a judge. He stated they need to focus on the policy and understand what the City wants to accomplish and what are the County's concerns. He suggested they not waste a lot of time on rehashing old grievances. He added that the meeting needs to be driven by the elected officials, not staff, the attorneys or the managers. He then asked the Mayor to summarize his feelings about the issue and how to move forward and stated he would then ask the County Chair and then alternate back and forth Joint City/County Commission Meeting Page 1 of 6 March 31, 2021  between the Commissioners. He asked they each limit their statements to three or four minutes. Mayor Holland noted that both Commissions have two new members that have not been in the previous meetings. He commented on the need to lean on existing relationships and stated the need for the City and County to rely on each other. He cited his reason for registering to vote due to President Ronald Reagan who was known as "the great negotiator". He stated they have the ability to work together for the best of the City and County residents. He commented that growth is inevitable in that area but it is up to the City and County to determine the quality of that growth. He stated his intent to open a new dialogue to determine the best way to proceed. Chairman Parks commented on his recent attendance at the City's Georgefest and how it reminded him of how unique Eustis is. He then cited his recent visit to residents of the Thrill Hill area and his appreciation of the rural character of that area. He stated his belief that there is a way to protect the uniqueness of Eustis and of that area. He commented on the need to develop a long term plan and for the residents to be a part of that plan. He stated there are examples of successful managed growth in other areas of the state that they can use as an example. Mr. Orfinger recommended that the meeting was probably not a proper venue for public comment as there would not actually been anything for them to comment on. Commissioner LeHeup-Smith stated they need to remember that there are processes already in place that need to be followed. She commented on the need to respect each other and move forward. County Commissioner Doug Shields noted the variety of services that the County can't provide and, therefore, they need to work with the City; however, they also have to protect their residents' quality of life. Commissioner Hawkins noted this is his first elected position and commented on the need for smart growth. He stated there is nothing they can do but compromise. He noted that the Thrill Hill Road is a heavily traveled road and stated he grew up in a similar area. He stated he understands what the residents' have there and he doesn't want to disrupt that; however, growth needs to occur. He indicated the residents know there needs to be growth but it needs to be smart. County Commissioner Kirby Smith stated he grew up in Eustis and used to skateboard down Thrill Hill Road. He noted that they used to be surrounded by an orange grove. The orange grove went away and was replaced . He stated his belief that the Thrill Hill area should be a transitional zone. He commented on the need to work together for smart growth in that area. He thanked the Commission for hosting them and stated his belief that the residents appreciate seeing the City and County working together. Commissioner Cobb reported she previously spoke to Chairman Sparks prior to being sworn in regarding holding this meeting. She noted she used to live in a rural area of the County but now lives in the City. She asked the County Joint City/County Commission Meeting Page 2 of6 March 31, 2021  Commission to remember that City residents are also County constituents. She expressed support for City growth to the northeast and west of the City. County Commissioner Leslie Campione expressed her thanks for the meeting and stated that the meeting needs to be about the big picture and not just the Thrill Hill area. She stated that it is about the bigger picture that the City has for Eustis. She asked what the City Commission's vision is for not just to the east of the City. She asked what type of subdivision does the City think is appropriate for the Thrill Hill area. She expressed support for the City and County having joint development regulations. She asked that they look at what a subdivision may look like at two units per acre versus three units per acre and what does it look like based on gross density versus net density. She commented on road and safety issues in that area and that would be something the City and County would have to work together on . She cited issues they are currently having in Clermont because that wasn't addressed upfront. She commented on the need for sidewalks and cited instances where the City will require a sidewalk as part of a new subdivision but then there will be a gap between subdivisions. Mr. Orfinger asked if there are any subdivisions in Florida that Commissioner Campione could provide as an example of what she thinks would be appropriate to that area. Commissioner Campione responded that her personal vision would be for it to stay as is; however, in the sense of compromise she would suggest the Park at Wolfbranch Oaks which was designed by Randall Arent. Vice Mayor Lee commented on the need for more positive communication between the City and County, and questioned how they can get passed Thrill Hill and focus on the big picture. She stated her belief for the City and County to be able to work together. She stated the City needs to grow and that it needs to have quality growth . She agreed that the City has processes in place to do that. She expressed her hope that they can put the emotions aside and move forward . Mr. Orfinger noted that two people mentioned the existing processes in place and confirmed they were referring to the City's Land Development Regulations and Comprehensive Plan . He asked if the City is open to the idea to make some amendments to the LOR based on suggestions from the County. He asked if the City is open to ideas from the County. Commissioner Lee expressed concern that the City keeps being told they need to change and stated the City's need to have the County's respect. County Commissioner Josh Blake commented on his personal history growing up in Lake County. He expressed support for personal property rights and letting the market determine growth . He acknowledged the concerns of the residents who live next to those areas being developed. Mr. Orfinger asked the City if there was anything expressed by the County Commissioners that they feel the need to respond to. Commissioner LeHeup-Smith responded that the City is being asked to make decisions before the property is even annexed which is out of order of the Joint City/County Commission Meeting Page 3 of 6 March 31, 2021  established process. She stated they are being asked to make decisions out of order. Mr. Orfinger asked if the City staff meets with a developer when they want to annex to discuss what they are going to develop. Derek Schroth , City Attorney, responded that sometimes a developer will have a specific plan when they approach the City; however, sometimes a property owner will ask to annex their property prior to having a development plan. Mr. Orfinger asked whether or not an applicant that annexes into the City without any additional action has the same ability to develop under the County's code. Mr. Schroth responded affirmatively and County Attorney Melanie Marsh concurred with Mr. Schroth clarifying that the property owner would then have to pay City taxes without receiving any additional land use rights . Mr. Orfinger then asked the County Commissioners if there was anything the City said they would like to respond to. Chairman Parks acknowledged the concerns expressed by Commissioner LeHeup-Smith and the feeling that the City's processes are being questioned . He stated that to move forward it needs to be a City/County plan rather than a City or County plan. He expressed support for developing a joint plan that includes more than just those three or four parcels. He expressed the hope that during the meeting they could agree to a process. Commissioner Campione stated her belief that the process the City uses lends itself to the residents becoming afraid of the unknown and the worst case scenario. She stated a lot of cities would not annex a property unless there was a development agreement in place. She suggested that if the City had a development agreement requirement or at least a concept plan or density study. She stated that all of the traffic studies and other studies should be done on the front end. She explained that the residents see the Suburban Residential with up to five units per acre and that is scary; however, if they can see a plan it can reduce that fear. Mr. Orfinger stated that one of the concerns he would have that to negotiate an ISBA would take longer than a reasonable amount of time for the City to act on the applications they have in hand . He questioned whether or not it is realistic to get that done in a reasonable amount of time. Chairman Parks stated his belief that there could be a way for the City and the County to complete a plan in a reasonable amount of time and that the residents could be involved in that process. Vice Mayor Lee expressed concern that she keeps hearing the County saying they are trying to protect the citizens wh ich sounds like the City is being the bad guy and they aren't trying to protect the residents. She confirmed the development cited by Commissioner Campione with Commissioner Campione stating she also Joint City/County Commission Meeting Page 4 of 6 March 31, 2021  looked at Sullivan Ranch. She explained the Wolfbranch subdivision makes the lots smaller in order to leave larger open spaces. Commissioner Hawkins stated he agreed that he would like to know that is going to be developed prior to agreeing to annex a property. He noted that no matter when the City receives the development plan there will still be individuals that don't want the annexations. Mr. Orfinger acknowledged that there will be growth in the future . He stated the question is what will move them forward. He stated it can be difficult to accomplish anything with such a large group. He suggested that they form a smaller group to form a plan including one Commissioner from each body, along with the attorneys and the planning staff. He suggested the City and developers could look at the Wolfbranch subdivision. He recommended forming the work group and then bringing in the developers. The work group could bring back a recommendation to the individual bodies. He commented on the number of people moving to Florida and stated a large number of them are moving to the center of the state. He asked what does the City think about his suggestion. Mayor Holland stated that the Commissioners are generally in support of the work group concept but they would take it under consideration at their regular meeting on the next night. Chairman Parks expressed support for the formation of a work group. He confirmed that the work group would work on the big picture and not just the three parcels. Mr. Orfinger responded that it probably needs to be a two part process and start with the three parcels and then move to the larger discussion. He stated that maybe that discussion could be on parallel tracks. Chairman Parks expressed concern with working on the big picture due to once those parcels annex additional properties may want to follow. Commissioner Campione stated it is worth trying and expressed support for the Mayor and Chairman being the designated members. Chairman Parks stated he was willing to do it but they could decide that at their next meeting . Commissioner Campione noted that once the first annexation occurs it can provide a model for the future and they will be more confident in the process. Mayor Holland expressed willingness to serve on the working group. He expressed appreciation for the residents and County Attorney for attending their meeting every week. Commissioner Campione asked if the City cou ld postpone the annexations for a longer period of time since the working group will be working on the issue. Joint City/County Commission Meeting Page 5 of 6 March 31, 2021  Mr. Schroth indicated the Commission could decide that at the regular meeting since it wasn't a topic noticed for the meeting; however, the Commission appeared to be open to that suggestion. Mr. Orfinger suggested they adjourn and let staff proceed with plans for the work group. He indicated they could also discuss whether or not they want him to participate in future meetings. Commissioner Park and Mayor Holland both expressed support for his participation in at least one more meeting. Commissioner Hawkins asked that the process become a priority for both parties and County Commissioner Smith concurred. Commissioner Cobb moved to adjourn . Commissioner Hawkins seconded . The meeting was adjourned at 6:17 p.m. 2. ADJOURNMENT: 6:17 P.M. These minutes reflect the actions taken and portions of the discussion during the meeting. To review the entire discussion concerning any agenda item, go to www.eustis.org and click on the video for the meeting in question. A DVD of the entire meeting or CD of the entire audio recording or verbatim transcript of the meeting can be obtained from the office of the City Cieri< for a fee . MICHAEL L. HOLLAND City Clerk Mayor/Commissioner Joint City/County Commission Meeting Page 6 of 6 March 31, 2021