d HONENTHEHILLS Town Council Meeting July 22, 2024 at 6:00 PM Howey-in the-Hills Town Hall 101 N. Palm Ave., Howey-m-the-Hils, FL34737 MINUTES Mayor MacFarlane called the Town Council Meeting to order at 6:00 p.m. Mayor MacFarlane led the attendees in the Pledge of Allegiance to the Flag. ROLLCALL Acknowledgement of Quorum MIEMBERS PRESENT: STAFF PRESENT: Councilor Reneé Lannaman (via Zoom, arrived at 6:05 PM)I Councilor David Miles I Councilor George Lehning Sean O'Keefe, Town Manager Tom Wilkes, Town Attorney Tom Harowski (via Zoom I Rick Thomas, Police Mayor Pro Tem Marie V. Gallelli Mayor Martha MacFarlane Chief] John Brock, Deputy Town Manager/Town Clerk AGENDA APPROVALREVIEW Motion made by Councilor Miles to: approve the meeting'sagenda; seconded by CouncilorLehning. Motion approved unanimously by voice vote. Voting Nay: None CONSENT AGENDA Yea: Councilor Miles, Councilor Lehning, Mayor Pro Tem Gallelli, Mayor MacFarlane Routine items are placed on the Consent Agenda to expedite the meeting. fTown Council/Staff wish to discuss any item, the procedure is as follows: (1). Pull the item(s)) from the Consent Agenda; (2) Vote on the remaining Motion made by Councilor. Miles, Seconded by Mayor Pro' Tem Gallelli. Motion approved unanimously by item(s); and (3). Discuss each pulled item and vote. voice vote. Voting Nay: None Yea: Councilor Miles, Councilor Lehning, Mayor Pro Tem Gallelli, Mayor MacFarlane 1. The approval of the minutes and ratification and confirmation of all Town Council actions at the. July 12, 2024 Town Council Budget Workshop. 1/Page 2. Consideration and Approval: Lake County Library Services Interlocal Agreement, Third Motion made by Councilor Miles to approve all the items in the meeting's Consent Agenda; seçonded by Amendment Mayor Pro Tem Gallelli. Motion approved unanimously by voice vote. Voting Nay: None PUBLIC HEARING Yea: Councilor Miles, Councilor Lehning, Mayor Pro Tem Gallelli, Mayor MacFarlane 3. Consideration and Approval: (Second Reading) Ordinance 2024-007 Esch Parcel Comprehensive Town Attorney, Tom Wilkes, explained that the Town Council would combine the discussion of Agenda Items #3, #4, #5, and #6. Mr. Wilkes stated that discussion for all four agenda items and the Public Comment: for all four agenda items would be combined. Mr. Wilkes explained that only the votes Plan Amendment for each agenda item would be separate. Mr. Wilkes read Ordinance 2024-007 out loud by title only: ANORDINANCE OF1 THE TOWN OFHOWEYAINTHE-HIIS. FLORIDA, PERTAININGTO LAND USE; AMENDING THE FUTURE LAND USE MAP OF THE TOWN'S COMPREHENSIVE PLAN: FOR. A 4.45-ACRE. PARCEL LOCATED ON THE WEST SIDE OF STATE ROAD 19, SOUTH OF REVELS ROAD, AS LEGALLY DESCRIBED IN THE ORDINANCE, FROM: ITS CURRENT DESIGNATION OF "VILLAGE MIXED USE" TO THE DESIGNATION OF NEIGHBORHOOD COMMERCIAL"; PROVIDING FOR CONFLICTS, SEVERABILITYCODIFICATION, AND AN EFFECTIVE! DATE. Mr. Wilkes read Ordinance 2024-008 out loud by title only: ANORDINANCE: OFTHE TOWN OFI HOWEYN-TIE-IIS, FLORIDA, PERTAININGTO LAND USE; REZONING A 4.45-ACRE PARCEL OF LAND LOCATED ON THE WEST SIDE OF STATE ROAD 19 AND SOUTH OF REVELS ROAD AND IDENTIFIED WITH LAKE COUNTY PROPERTY APPRAISER PARCEL NUMBER 0221254002-09-08500 AND ALTERNATE KEY NUMBER 1704171; AMENDING THE TOWN'S. ZONING MAPT TOZONE THE PROPERTY FROM "VILLAGE MIXED USE PLANED USE DEVELOPMENT" TO NEIGHBORHOOD COMMERCIAL'; PROVIDING FOR CONFLICTING ORDINANCES, SEVERABIITY,CODIFICATION AND. AN: EFFECTIVE DATE. Councilor Lannaman arrived at the meeting via Zoom at 6:051 PM. Town Planner, Tom Harowski, reviewed his staff report with the Town Council. Mayor MacFarlane asked that a representative for the applicant come forward and speak on their behalf. Bob. Ziegenfuss, owner/Professional Engineer for Z Development Service, çame forward, introduced himself, and offered to answer questions about the 4 agenda items that were being reviewed. Mayor MacFarlane opened Public Comment for Agenda Items #3, #4, #5, and #6. There were no comments from the public. Mayor MacFarlane closed Public Comment for Agenda Items #3, #4,#5, and #6. 2/Page Motion made by Councilor Miles to approve Ordinance 2024-007; seconded by Councilor Lehning. Motion approved unanimously by roll call vote. Voting MacFarlane Nay: None Yea: Councilor Lannaman, Councilor Miles, Councilor Lehning, Mayor Pro Tem Gallelli, Mayor 4. Consideration and Approval: (Second Reading) Ordinance 2024-008- - Esch Parcel Rezoning to Neighborhood Commercial Motion made by Councilor Miles to approve Ordinance 2024-008; seconded. by Mayor Pro Tem Yea: Councilor Lannaman, Councilor Miles, Councilor Lehning, Mayor Pro Tem Gallelli, Mayor Gallelli. Motion approved unanimously by roll call vote. Voting MacFarlane Nay: None 5. Consideration and Recommendation: Esch Parcel Conditional Use Application Motion made by Councilor Lehning to approve the Esch Parcel Conditional Use Application; seconded by Councilor Miles. Motion approved unanimously by roll call vote. Yea: Councilor Lannaman, Councilor Miles, Councilor Lehning, Mayor Pro Tem Gallelli, Mayor Voting MacFarlane Nay: None . Consideration and Recommendation: Esch Parcel Variance Application Mayor Pro Tem Gallelli. Motion approved unanimously by roll call vote. Motion made by Councilor Miles to approve the Esch Parcel Variance. Application; seconded by Yea: Councilor Lannaman, Councilor Miles, CouncilorLehning, Mayor Pro Tem Gallelli, Mayor Voting MacFarlane Nay: None OLD BUSINESS None NEW: BUSINESS 7. Discussion: Review. ofl FY2022-2023 Audit Mayor MacFarlane asked Curt Binney with Binney Account and Assurance Services to come forward and present the' Town's audit for Fiscal Year 2023. Mr, Binney stated that the audit report was timely Mr. Binney stated that he was issuing ai report of"Unmodified", which means he found in the Town's report that materially would affect the user, the' Town's citizens, or the state of Florida. Mr. Binney also stated that he was issuing ai report on Internal Control, in that report Mr. Binney found no significant filed with the State of Florida as required by Florida Statute. 3Page weaknesses or deficiencies. Mr. Binney stated that there had been some personnel changes within the Town's Financial Department but given that the Town utilizes Milestone for financial assistance and other staff that has been consistent, Mr. Binney found no weaknesses in the' Town's Internal Control. Mr. Binney stated that hei issued a report or Management Letter that found nothing ofs significant issue Mr. Binney stated that there was an. Accountant's Report that was required by Florida statute and, in that that he needed tol bring before the Council. report, Mr. Binney issued a "Clean Opinion", Mr. Binney stated that the Town's financials are "Well Written" or "Fairly Stated". Councilor Miles stated that he had problems with the audit report. Councilor Miles stated that he would like to see the labels on the table onj page 70 ofthe report changed. Mr. Binney stated that could be done Councilor Miles stated that he was concerned about Building Services being listed in the report under Public Safety. Mr. Binney stated that it was general practice for Building Services to be listed under Councilor Miles stated that the Town'st total expenditure exceeded its budget by $3,920, and Councilor Miles wanted to know ifMr. Binney should have: made al bigger note oft this int the Town's audit. Mr. Binney stated that he did not find this unusual; many municipalities in Florida will go over budget and Councilor. Miles stated that the most important thing that he observed in the Town Audit that needed to be changed was in footnote #1, under paragraph. A (on page 23), the form of government was listed incorrectly as "an elected mayor and a 4-member council". Councilor Miles pointed out that the form of government was incorrect: the Town has a Counci/Manager form of government, with the mayor being selected from the 5 member Town Council. Councilor Miles stated that the mayor was a ceremonial Councilor Miles wants to propose that the Audited Financial be completed no later than March 315t of Councilor Miles stated that he believed the Finance Supervisor leaving was a real problem. Mayor MacFarlane opened Public Comment, buts seeing no comments, Mayor MacFarlane closed the 8. Consideration and. Approval: Resolution 2024-002- Proposed Maximum Millage Rate fori next year. Public Safety. will use other fund sources to çover those. position. Councilor Miles would like to see this fixed on the report. the next year. Public Comment. Town Attorney, Tom Wilkes, read Resolution 2024-002 out loud. Town Manager, Sean O'Keefe, stated that the Town was required to state1 the maximum millage that it would be seeking for the upcoming fiscal year and the date, time and location of the Tentative Millage and Budget Public. Hearing. Mr. O'Keefe stated that the millage rate that the Town Council should propose as its maximum millage rate was 7.5, the same rate as the previous year. Mr. O'Keefe also stated that the proposed date, time and location for the Tentative Millage and Budget Public Hearing was Wednesday, September 4, 2024, at 5:05 PM, and would be held in' Town Hall. Councilor Miles stated that, in the previous year, hel had sought tol have the' Town Council lower the Town's millage rate and his motion to do that last year was out-voted. Councilor Miles stated that he 4Page would attempt to lower the millage rate again and hoped that some of his fellow Town Councilors Mayor MacFarlane stated that she did not want to make a decision during the current Town Council meeting on lowering the millage rate but might support that after the scheduled Budget Workshop (which was scheduled for Friday, July 26, 2024). Mayor Pro Tem Gallelli agreed with Mayor Councilor Lehning stated that, with the economy being what it was, and with the lack of upcoming development scheduled within the Town, now was not thei time to lower the millage rate. Councilor Lannaman agreed with Mayorl MacFarlane and Mayor Pro Tem Gallelli, in that she might support lowering the millage after the upcoming Budget Workshop, but not during the current meeting. Councilor Miles stated that he wanted the Town Manager to prepare 3 budgets for the upcoming workshop, one with a millage rate of7.5, another with a millage rate of7.45, and another with the Mayor MacFarlane opened Public Comment, but seeing no comments, Mayor MacFarlane closed the Motion made by Councilor Lehning to approve Resolution 2024-002; seconded by Councilor Yea: Councilor Lannamafl, Councilor Miles, Councilor Lehning, Mayor Pro Tem Gallelli, Mayor would assist him. MacFarlane. millage rate set to 7.4. Public Comment. Miles. Motion approved unanimously by roll call vote. Voting MacFarlane Nay: None 9. Consideration and Approval: (first reading) Ordinance 2024-009 Readoption of Comprehensive Plan Amendment- Future Land Use Element Town. Attorney, Tom Wilkes, read Ordinance: 2024-009 out loud by title only: AN ORDINANCE OF THE TOWN OFHOWEY-NTHE-HILIS FLORIDA, PERTAININGTO COMPREHENSIVE PLANNING; AMENDING THE FUTURE LAND USE ELEMENT (FLUE) OF THE' TOWN'S ADOPTED COMPREHENSIVE PLAN PURSUANT TO SECTION 163.3184 OF FLORIDA STATUTES; DESCRIBING THE ANALYSIS AND REEVALUATION UNDERTAKEN BY TOWN COUNCIL REGARDING RESIDENTIAL DENSITIES AND LOT SIZES IN POST-2010 RESIDENTIAL DEVELOPMENT IN THE TOWN; AMENDING CERTAIN FLUE POLICIES AND TABLES (i) TO MODIFY THE REQUIREMENTS IN THE "VILLAGE TOWN CENTER" AND "MEDIUM DENSITY RESIDENTIAL" LAND-USE DESIGNATIONS REGARDING DWELLING UNITS PER ACRE, LOT SIZES, MAXIMUM BUILDING HEIGHTS, OPEN-SPACE REQUIREMENTS, AND PARKS AND RECREATION REQUIREMENIS AND (ii) TO ADD A LAND-USE DESIGNATION FOR HIGH-DENSITY RESIDENTIAL DEVELOPMENT; AMENDING OTHER RELATED REQUIREMENTS FOR THOSE LAND-USE DESIGNATIONS; PROVIDING CONFORMING CHANGES; AMENDING POLICY126OFTHE FUTURE. LANDI USEI ELEMENTTOLIMITTHE, AREAS WHERE THE TOWN MAY ALLOW RESIDENTIAL DEVELOPMENT ON LOTS SMALLER THAN ONE- FOURTH ACRE (10,890 SQ.FT.); REPEALING AND SUPERCEDING ORDINANCE 2023-013; PROVIDING FOR CODIFICATION, SEVERABILITY,AND AN EFFECTIVE DATE. Mr. Wilkes explained that the Town needed to readopt Ordinance 2023-013 because the Town had submitted Ordinance 2024-013 to the State for review 3 days outside oft the 10-day submittal window. 5Page Mr. Wilkes stated that the Town Council would get to vote on the amendment tot the Town'sLand Development Code onçe the Comprehensive Plan amendment was completed. Councilor Miles stated that he was concerned that there would bei issues with the Mission Rise development with the delay of the amendments to the Town's Comprehensive Plan. Mayor MacFarlane opened Public Comment, but seeing no comments, Mayor MaçFarlane closed the Motion made by Mayor Pro Tem Gallelli to approve Ordinance 2024-009 to: a second reading; seconded by Councilor Lehning. Motion approved unanimously by roll call vote. Yea: Councilor Lannaman, Councilor Miles, CouncilorLehning, Mayor Pro Tem Gallelli, Mayor Public Comment. Voting MacFarlane Nay: None 10. Presentation: AlertLake Emergency Notification System Town Manager, Sean O'Keefe, explained the process that a resident would have to go through to enroll Mayor MacFarlane opened Public Comment, but seeing no comments, Mayor MacFarlane closed the 11. Consideration and Approval: Lake Harris Amended and Restated Access Easement Agreement Town Manager, Sean O'Keefe, explained that the Lake Harris Amended and Restated Access Easement Agreement was necessary due to changes in the proposed road plan for the service road that connects County Road 48 with the Town Water Treatment Plant #3 and the proposed Publix commercial area in in the Lake County AlertLake Emergency Notification System. Public Comment. the Lake Hills PUD. Mayor MacFarlane opened Public Comment for this item only. Tim Everline, 1012 NI Lakeshore Blvd.-N Mr. Everline stated that he did not believe this agreement was a good one for the Town. Mayor MacFarlane closed Public Comment for this item. Motion made by Councilor Miles to approve the Lake Harris Amended and Restated Access Easement Agreement with changes from the' Town. Attorney as long as the Town Attorney and Town Manager agree on the changes; seconded by Mayor Pro Tem Gallelli. Motion approved by roll call vote. Voting Yea: Councilor Miles, Councilor Lehning, Mayor Pro' Tem Gallelli, Mayor MacFarlane Nay: Councilor Lannaman DEPARTMENT REPORTS 12. Town Manager Town Manager, Sean O'Keefe, stated that, as requested in the previous Town Council meeting, he had spoken. with one oft the Town's pavement construction companies, Paquette Company, and ifthe Town. 6Page was ready to sign an agreement the day oft the meeting, they would not bes scheduled for the construction Mr. O'Keefe stated that interviews for the open Finance Supervisor position were ongoing, and he to commence for at least 90 days. hoped the position would be filled soon. COUNCIL MEMBER REPORTS 13. Mayor Pro Tem Gallelli Mayor Pro Tem Gallelli congratulated the Town's Public Works staff on the refresh oft thei fountain outside of Town Hall, and that she believed it looked good. 14. Councilor Lehning Councilor Lehning suggested that the Town consider sending the Citrus Ave Project out for bids, rather Councilor Lehning stated that he wanted an Agenda Item placed on the next meeting agenda that would than using the one ofthe companies that the Town already had under contract. be "Training for Incoming Town Councilors". 15. Councilor Miles for the next year. Councilor Miles stated that he believed that the Town's transportation budget should exceed $400,000 Councilor Miles asked if the Town Engineer had already begun engineering the next two roads that should be repaired during 2025. Mr. O'Keefe stated that] he would check on the status oft the re- engineering ofthose roads with the Town Engineer, Don Griffey. 16. Councilor Lannaman None 17. Mayor MacFarlane Mayor MacFarlane suggested that the Town look into ensuring that the Town had appropriate ADA access to the finger piers on the lake. PUBLIC COMMENTS Any person wishing to address the Mayor and Town Council and who is not on the agenda is asked to. speak their name and address. Three (3) minutes is allocated, per. speaker. None 7IPage ADJOURNMENT There being no further business to discuss, a motion was made by Mayor Pro' Tem Gallelli to adjourn the meeting; Councilor Miles seconded the motion. Motion was approved unanimously by voice vote. Thel Metingadibwrpedat 8:02 p.m. Attendees: 28 Aepvhbb Mayor Martha MacFarlane e ADSTZL John Brock, Town Clerk ALL 8Page