HONDNELS Town Council Meeting October 28, 2024 at 6:00 PM Howey-in the-Hills Town Hall 101 N. Palm Ave., Howey-in-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.  Councilor Reneé Lannaman delivered an invocation.  ROLLCALL Acknowledgement of Quorum MEMBERS PRESENT:  Councilor Reneé Lannamani  Councilor David Miles I Councilor George Lehningl Mayor Martha MacFarlane  MEMBERS EXCUSED ABSENT: Mayor Pro Tem Marie V. Gallelli STAFF PRESENT:  Sean O'Keefe, Town Manager Tom Wilkes, Town Attorney Rick Thomas, Police Chief] Morgan Cates, Public Services Director Oscar Ojeda, Finance Supervisor John Brock, Deputy Town Manager/Town Clerk  AGENDA APPROVAL/REVIEW  Motion made by Councilor Lannamani to approve the meeting'sa agenda; seconded by Councilor Lehning.  Motion approved unanimously by voice vote.  Voting Nay: None CONSENT AGENDA  Yea: Councilor Lannaman, Councilor Miles, CouncilorLehning, Mayor MacFarlane  Routine items are placed on the Consent Agenda to expedite the meeting. IfTown 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 Councilor Miles asked to pull Agenda Items #1 and #6 from the Consent Agenda, to allow discussion about them. 1. The approval oft the minutes and ratification and confirmation of all Town Council actions att the. June  item(s); and (3). Discuss each pulled item andi vote.  24, 2024, Town Council Meeting.  1Page    Councilor Miles pointed out three typos that he discovered: int these minutes and wanted them to be Motion made by Councilor Miles to approve the June 24, 2024, Town Council Minutes while fixing three typos in the minutes; seconded by Mayor MacFarlane. Motion approved unanimously  corrected.  by voice vote. Voting Nay: None  Yea: Councilor Lannaman, Councilor Miles, Councilor Lehning, Mayor MacFarlane  2. The approval of the minutes and ratification and confirmation ofa all Town Council actions at the. July 3. The approval oft the minutes and ratification and confirmation ofa all Town Council actions at the. July 4. The approval of the minutes and ratification and confirmation ofall Town Council actions at the 5. The approval of the minutes and ratification and confirmation ofall Town Council actions at the  08, 2024, Town Council Meeting. 22, 2024, Town Council Meeting.  September 9, 2024, Town Council Meeting. October 14, 2024, Town Council Meeting.  Motion made by Councilor Miles to approve Consent Agenda Items #2, #3, #4, and #5; seconded  by Councilor Lannaman. Motion approved unanimously by voice vote. Yea: Councilor Lannaman, Councilor Miles, Councilorl Lehning, Mayor MacFarlane  Voting Nay: None  Consideration and Approval: Town Planner. Agreement  Councilor Miles said that there was nothing listed in the agreement that stated what would happen if there was a conflict ofi interest with Sean Parks, Principal Planner ofParks Consulting Services (and current Lake County Commissioner). Councilor Miles stated that he would like the Town Attorney to add aj paragraph to the agreement discretely explaining the process of what to doi ifthere is a conflict of interest and that the Town's secondary planning firm would be utilized. Town Attorney, Tom Wilkes, Mayor MacFarlane asked about the provision in the agreement that allowed for the Parks Consulting Services to add 1.5% to reimbursement charges. It was deçided that this provision. should be removed  stated that he could do this. from the agreement.  Mayor MacFarlane opened Public Comment for this item only.  Tim Everline, 1012 NJ Lakeshore Blvd. - Mr. Everline stated that he thought it was great. that Parks Consulting Services was selected as the primary planning services for the Town, as het thought they were the best firm. Mr. Everline stated that it was his understanding from the previous meeting that KCT Consulting Services and Parks Consulting Services were both going to make presentations again Motion made by Councilor Miles to approve the Parks Consulting Agreement with Councilor Miles' Conflict of Interest paragraph (to be written by the Town Attorney) and removing the  during this meeting.  2Page    provision in the: agreement that had allowed fora 1.5% markup on reimbursements; seconded by  Councilor) Lannamani. Motion approved unanimously by voice vote.  Voting Nay: None PUBLICI HEARING OLD BUSINESS  Yea: Councilor) Lannaman, Councilor Miles, Councilor Lehning, Mayor MacFarlane  7. Consideration and Approval: Sara Maude Mason Nature Preserve Funding  Town Manager, Sean O'Keefe, stated that the Sara Maude Mason Nature Preserve Boardwalk Project was nearly completed. Mr. O'Keefe stated that the project had been approved to commence and then the staff had been tasked with acquiring al loan to fund the project. Mr. O'Keefe asked the Town's Finance Mr. Ojeda explained that staff had researched and gotten quotes for 3 separate loans for $250,000 to complete the funding for the project. Mr. Ojeda stated that the staff recommendation was to go with the loan from United Southern Bank; this loan had an interest rate of5.30% over a five-year term and there Councilor Miles complimented Mr. Ojeda for his work and diligence. Councilor Miles also  Supervisor, Oscar Ojeda, to explain the available loan options.  was no prepayment penalty.  recommended that the Town go with the United Southern Bank loan. Mayor MacFarlane opened Public Comment for this item only.  Graham Wells, 718 Calabria Way - Mr. Wells stated that he would have liked tol have seen the Town attempt to take out a line of credit rather than a loan. Mr. Wells recommended that the Town staff Jon Arnold, 303 Terracotta Ter. = Mr. Arnold stated that hei thought, from discussion in previous Town Council Meetings, that the Town did not need to take out a loan to cover the boardwalk project. Eric Gunesch, 448. Avila PI. - Mr. Gunesch recommended that the Town take out the loan instead of  investigate a line ofcredit.  the line of credit.  Mayor MacFarlane closed Public Comment for this item.  Motion made by Councilor Miles to approve signing with United Southern Bank for the $250,000 loan, with the 5.30% interest rate; seconded by Councilor Lehning. Motion approved by roll call  vote. Voting  Yea: Councilor Miles, Councilor Lehning, Mayor MacFarlane  Nay: Councilor Lannaman  NEW BUSINESS  8. Consideration and Recommendation: (First Reading) Ordinance 2024-011- Whispering Heights  Rezoning to MDR-2  Mayor MacFarlane read Ordinance 2024-011 out loud by title only:  3Page    AN ORDINANCE OF THE TOWN OFI HOWEY-N-THE-HILIS, FLORIDA, PERTAININGTO LAND USE; REZONING FROM MEDIUM DENSITYRESIDENTIALICDR-I)TON MEDIUM DENSITY RESIDENTIAL: 2 (MDR-2) APPROXIMATELY 70.15. ACRES OFLAND LOCATED EAST OF THE NORTHERNMOST SEGMENT OF NORTH BUCKHILL ROAD AND IDENTIFIED BY THE LAKE COUNTY PROPERTY APPRAISER'S PARCEL NUMBERS: 36- 2025-0004-00-00900, 62025.00-00.000, AND 36202500A-00-0150, AS WELL AS BY ALTERNATE KEY NUMBERS 3564219, 3877787, AND 3907438; PROVIDING FOR CONFLICTING ORDINANCES, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE Town Manager, Sean O'Keefe, reviewed the staff report that former Town Planner, Tom Harowski, had created for this agenda item. Mr. O'Keefe explained that aj problem had been discovered recently with the Whispering Heights proposed subdivision. Mr. O'Keefe stated that, even though the Town had approved a Preliminary Subdivision Plan for this proposed development, in researching thel Final Subdivision Plan that had been submitted, the Town's staff had discovered that there were no Town records showing that the parcels of land had been rezoned from MDR-1 to MDR-2 in 2018. Mr. O'Keefe stated that the Town's Planning and Zoning Board had recommended denial of this Ordinance Mr. O'Keefe stated that Mr. Harowski had laid out three options that the Town Council would have for 1. To deny the rezoning request and leave thel MDR-1 zoning in place. This option will likely have 2. To approve the rezoning to MDR-2 but make applicant conform to the recently amended! Land Development Code, require all lots be at least 10, 980 square feet in size. This would allow some increase int total lots above the original 107 lots, but the total project size will be less than 3. To approve the rezoning to MDR-2 under the old rules based on the application for rezoning having been submitted prior to the adoption ofthe current rules. This option would allow the  DATE.  bya a4to2 2 vote.  this agenda item, which included:  the project revert to its original design.  the 156-lot design. 156-lot design toj proceed.  Mayor MacFarlane asked that representatives for the applicant come forward and give their presentation. Brent Spain (land use attorney for the applicant), with Theriaque & Spain Law Firm, and Clay Frankel, Red. Jacket Development Group representative, came forward and introduced themselves. Mr. Spain explained that this was a quasi-judicial matter and then gave al history of the project going back to 2007. Mr. Spain said he would deem the current matter before the Town Council as a corrective rezoning application. Mr, Spain presented al binder with 31 tabs and asked that it bei introduced into the Town's records for the public hearing. Mr. Spain explained that, after November 2018, the Whispering Heights development was listed in the Town's official zoning map as MDR-2 and was recognized in the Mr. Spain explained that Red. Jacket Development currently has the property under contract with Maronda Homes based upon the 2018 MDR-2 rezoning and the Town-approved Preliminary Subdivision Plan with 156 lots. Mr. Spain stated that refusal to approve the corrective rezoning for the property from MDR-1 to MDR-2 would be extremely prejudicial to Red. Jacket Development and would Mr. Spain gave a definition of "Equitable Estoppel" and explained the history ofi its use in prior court cases. Mr. Spain stated that his client, Red Jacket Development, was seeking option #3 from Mr.  Town Comprehensive Plan.  result ins significant monetary damages.  Harowski's options that had been laid out before the Town Council.  4Page    Councilor Lehning stated that he would like tol hear a presentation or rebuttal from the Town's Attorney, Tom Wilkes. Mr. Wilkes stated that he would review Mr. Spain's package ofi information and would give a short rsenatonvrecommendton before the second reading oft the Ordinance. Councilor Miles stated that he believed that Mr. Spain was 100% correct. Councilor Miles stated that he attended the November 2018 Town Council Meeting, and he remembers the Town Council approving the rezoning ofthe development from MDR-1 to MDR-2 in exchange for the development being required to hook up tos sewer, instead ofu utilizing septic tanks. Councilor Miles stated that hel believed  that the Town should honor the 2018 rezoning.  Mayor MacFarlane opened Public Comment: for this item only.  Richard Mulvany (member oft the Planning and Zoning Board), 308 WI Dupont Cir. - Mr. Mulvany stated that he wished that the Planning and Zoning Board had been presented with the information that Mr. Spain had given and the information that Councilor Miles had given when they Joshua Husemann (member ofthel Planning and Zoning Board), 671 Avila PI.-Mr. Husemann stated that he had aj problem with adding 107 lots on the lake that were on septic systems. Mr. Husemann stated that he agreed with Councilor Miles, int that the Town should honor the 2018 rezoning. Tim Everline, 10121 N. Lakeshore Blvd. - Mr. Everline stated that he is concerned that the original rezoning ordinance from 2018 was never signed, and the developer should have caught that back then. Frances Wagler (member oft the Planning and Zoning Board), 409 W. Central Ave. - Mrs. Wagler stated that she believed that the developer should have checked on the ordinance from 2018 to seei ifit was ever signed. Mrs. Wagler stated that she is pleased with the new Town Planner selection. Eric Gunesch, 448 Avila PI. -I Mr. Gunesch stated that hel believes that the developer should have had to make sure the previous ordinance from 2018 was signed. Mr. Gunesch stated that he thinks the' Town should require the developer to: re-engineer their plans for the development and require them to conform  made their recommendation to the Town Council.  tot the Town's recently amended Land Development Code.  Mayor MacFarlane announced that this item would move on to its second reading. 9. Presentation: Mayoral Selection Process (November 12, 2024, Meeting) manage the process of the selection oft the Town's next mayor.  Town Manager, Sean O'Keefe, reviewed aj preliminary framework that Town staff had created to Town Attorney, Tom Wilkes, stated that there was no need for a sècond for a nomination. Town Clerk, John Brock, stated that the outgoing Town Council could not limit the incoming Town Council by requiring that no self-nominations could be allowed. Ifthe incoming Town Council wanted to make that rule and they voted on it during the next meeting, they could limit themselves. Mr. Wilkes  agreed with Mr. Brock.  Mayor MacFarlane opened Public Comment for this item only.  Eric Gunesch, 448. Avila PI. - Mr. Gunesch had questions about the process that would be used.  DEPARTMENT REPORTS 10. Town Manager  5/Page    Town Manager, Sean O'Keefe, gave an update on the N. Citrus Ave. Repaving Project. Mr. O'Keefe stated that preliminary platting process and sketches were almost complete from the Town'ss surveyor, Mr. O'Keefe stated that Florida Department of Emergency. Management (FDEM) had approved both grant applications to add backup pump/generators to the Venezia wastewater lift stations. Mr. O'Keefe gave a short update on the Hurricane Milton storm debris pickup. Mr. O'Keefe stated that the Town had an interlocal agreement with Lake County for them to pick up the storm debris within the Town. Mr. O'Keefe stated that, due to limits on contractors that the county was able to acquire, Lake County would be picking up vegetative debris first, and construction debris second. Mr. O'Keefe announced the Town's Veterans Day Event on November 11, 2024, at Ilam, at] Blevins Public Services Director, Morgan Cates, thanked the three outgoing Town Councilors for their service.  and he expected to have them on the day after the meeting.  Park.  COUNCIL MEMBER REPORTS 11. Mayor Pro Tem Gallelli None 12. Councilor Lehning  Councilor Lehning thanked his wife Kathy for hers support during his term as Town Councilor. Councilor Lehning thanked Mayor MacFarlane for her service to the Town, Councilor. Lehning stated that the new Town Council should look at Mayor MacFarlane as the model of Councilor Lehning warned the incoming Town Councilors to be wary ofPUD agreements. Councilor Lehning stated that the Town's new MPO: member should champion an SR 191 bypass around  what makes a good mayor.  the' Town. 13. Councilor Miles  Councilor Miles thanked Mayorl MacFarlane for her six years of services as Mayor of the Town. Councilor Miles stated that he discovered three typos in one oft the five sets ofn minutes that were to be approved during the Town Council Meeting. Councilor Miles said that there needed to be another person proofreading the minutes, preferably someone with an English degree. Councilor Miles stated that he disagreed with the Talichet Lift Station discussion that had occurred during the October 14, 2024, Town Council Meeting. Councilor Miles said that it was his opinion that the' Town came much too close to having a wastewater overflow event during Hurricane Milton, and that the Town needed to protect its wetlands. Councilor Miles stated that he did not think that the.' Town needed to do more than hook up the Talichet lift station to the Town's SCADA system and to adda pigtail sO that the Town could attach its generator in an emergency power outage event. Councilor Miles stated that he believed that, ifLake County did not pick up the storm debris from Hurriçane Milton before the next' Town Council meeting, that the Town needed to arrange fors separate  storm debris removal services.  6/Page    Councilor Miles stated that he wanted a briefing on thes status oft the Water Treatment Plant #3  construction project during the next Town Council meeting.  14. Councilor Lannaman  Councilor Lannaman thanked Mayor MacFarlane for her service. Councilor Lannamani stated that she believed Mayor MacFarlane had been a great example as aj mayor because of how she embodied the Councilor Lannaman thanked Mayor Pro Tem Gallelli and Councilor. Lehning for their service. Mayor MacFarlane thanked Mayor Pro Tem Gallelli and Councilor Lehning for theirs service. Mayor MacFarlane cautioned the incoming Town Council and Councilor Miles about making comments like Councilor Miles' comment about storm debris removal. Mayor MacFarlane stated that the cost of the Town doing its own storm debris removal should be closely reviewed or analyzed before making Mayor MacFarlane stated that the incoming Town Council needed to foster good relations with its state Mayor MacFarlane stated that she had been contacted by the law firm which represented the Town in thel McGill lawsuit. Mayor MacFarlane stated that she had been told that the Town had settled with  virtue of temperance.  15. Mayor MacFarlane  comments about the Town going on its own.  legislators.  McGill for $30,000.  PUBLIC COMMENTS  Any person wishing to address the Mayor and Town Council and who is not on the agenda is asked to speak their Tim Everline, 1012 N Lakeshore Blvd. - Mr. Everline thanked Mayor MacFarlane for her service to the Town. Mr. Everline agreed with Mayor MacFarlane that the Town should not take on1 the storm debris removal, and that Mr. Everline stated that he believed that the Town could improve its communication with Town residents on how Mr. Everline stated that, at thei intersection ofN. Florida Ave. and W. Cypress Ave., there was al lot of debris in the road area. Public Services Director, Morgan Cates, stated that he would investigate the issue. Andi Everline, 10121 NI Lakeshore Blvd. - Mrs. Everline complemented the work done on one of the Town's finger piers, but she pointed out that there was no ADA access to the finger piers. Eric Gunesch, 448 Avila PI. -I Mr. Gunesch thanked the outgoing Town Councilors and the Mayor for their Tina St. Clair, 135J E Central Ave. - Mrs. St. Clair stated that people using the crosswalk going across SR 19. at Central Ave were in danger because of cars not stopping on SR 19. Mrs. St. Clair suggested that the Town work  name and address. Three (3). minutes is allocated per. speaker.  the Town should stick with the contract it has with Lake County.  to bag up storm debris waste.  service.  with DOTt to place new signs or something because this problem was critical. Mrs. St. Clair thanked the Mayor and the outgoing Town Councilors for their service.  7IPage    Kathy Coleman, 10041 N Citrus Ave. - Mrs. Coleman thanked Mayor Pro Tem Gallelli and Mayor MacFarlane for their service. Mrs. Coleman stated that she hoped that the incoming Mayor and' Town Councilors would lead  with an even temper and respect. ADJOURNMENT  There being no further business to discuss, a motion was made by Councilor Lehning to adjourn the meeting; Councilor Miles seconded the motion. Motion was approved unanimously by voice vote.  The Meetimgadjourned at 8:11 p.m.1 Attendees: 35  i H. e A908203 SATTESTS p  Mayor  Gralen Wells  Bs  John Brock, Town Clerk  8Page