Residents Fuming About Home Business, Claim Engine Repair Activities Ruining Neighborhood

HIGH SPRINGS ‒ High Springs residents went to the Jan. 13 High Springs City Commission meeting to voice their frustration over what they say is a business operating in a residential neighborhood. Although the Commission was set to discuss proposed Ordinance 2022-01 amending the Land Development Code regarding home occupations, several homeowners took the opportunity to voice their frustration and concern about what they believe is an automotive repair business being run out of a residential property on Northwest 191^st Street.

Residents Sheila Gannon, Lance Verner, Deborah Simone, J.D. McNeil, Eva Verner and Jesse Lindsey all addressed the Commission to complain about the same home business, which they said was operating as an automotive and engine repair company.

Complaints ranged from excessive noise during the day and late at night, racing engines, the use of loud pneumatic tools, bright floodlights, cars being moved onto neighbors’ properties without permission, accessory construction without a permit and washing oil and automotive products into the soil to leach into the aquifer.

Some of the neighbors had produced videos and photographs to document their claims, some of which have been turned over to the High Springs Police Department and to the Codes Enforcement Officer.

High Springs Police Chief Antoine Sheppard said he had just seen some videos that afternoon that were concerning and would be following up on. Sheppard had contacted Alachua County Environmental Protection Agency regarding the business’s disposal of waste products. Sheppard said they conducted an assessment and cleared the business owner, whose business is listed as a mobile automobile repair business. He further encouraged citizens with proof to bring it to the police department.

Sheppard also asked that people call immediately with noise-related issues so his officers can document the disturbance as it is occurring.

City Manager Ashley Stathatos said she would also talk with the City’s Building Department regarding the structures that have been built on the property to determine if they were permitted.

Turning back to Ordinance 2022-01, the Commission considered the measure, which was drafted in direct response to an update in Florida Statutes. Florida Statute Section 559.955 preempts the regulation of home-based business to the state and the statute describes state and municipality authority and responsibilities. Stathatos said, “The goal is to ensure consistent enforcement of home-based business throughout the state of Florida.” She said that if a home-based business is operating such that you can’t tell it’s a business from the street, it is in compliance with state statutes.

Commissioner Ross Ambrose said he had attempted to contact State Senator Keith Perry when he was proposing the legislation. Ambrose opposed the bill because he felt this and some other bills Senator Perry was proposing preempted home rule. “Citizens need to be aware that this is going on in Tallahassee,” he said. He said although he tried to contact Senator Perry, he never received a return call or email from his office.

Regarding the ordinance, Assistant City Manager Bruce Gillingham said that the City was not compliant with statutes and were less able to enforce regulations. The ordinance was unanimously approved with Ambrose making the motion to approve, which was seconded by Vice-Mayor Gloria James.

In other business, Stathatos presented Resolution 2022-A, which authorizes the issuance of a $589,000 note to provide funds to finance the Santa Fe Canoe Outpost and related capital improvements. She said the funds to conduct the closing came from Wild Spaces Public Places and money from the Alachua County Trust associated with the Conservation Easement.

She said the fund has $1.6 million in available resources. “It is making around $300,000 - $400,000 a year. The purchase took away around $600,000, leaving approximately $1 million.

Parks and Recreation Director Damon Messina reported on projects planned for the next fiscal year and the anticipated costs associated with those projects. He said Alachua County voters would consider continuing Wild Spaces Public Places funding again this November. Should those funds be renewed, it is possible to pay the loan back sooner than the seven year time frame for payback.

“Staff’s recommendation is to borrow the funds to allow for some leeway,” Stathatos said. She pointed out that construction costs are higher right now and interest rates are lower. She also said there is no penalty for paying the loan off early, should the funds become available. The interest rate on the loan under consideration is 2.23 percent.

Weitz offered again that the City should use America Rescue Plan Act (ARPA) funds rather than borrow money. Jones said she tended to agree with Weitz. However, after a motion made by Ambrose to approve, with a second from James, the final vote was 4-1 with Weitz casting the only dissenting vote.

In other business, the Commission unanimously approved a settlement agreement and release of lien on Tax Parcel 01295-000-000. The agreement is with former titleholder Herbert Allen Towne and lien holder, the City of High Springs. The lien was placed against Towne’s property in 2006 for codes violations and fines that accrued at $200 per day to a total of $1,066,000.

The property was sold by tax deed in November 2020, and the building was removed in September 2021. In exchange for resolution of this matter, Towne will receive $40,000 and the City will receive $21,356. According to Stathatos, the lien attaches to all of Towne’s other properties. Should any other property owned by Towne be sold, a portion will also be collected by the City.

Also unanimously approved was Resolution 2022-C, which is a Memorandum of Understanding (MOU) between the City and the state of Florida to participate in a unified plan for the allocation and use of opioid litigation settlement proceeds. Sheppard presented this item and said that an amount of $5 billion is anticipated over a period of nine years to be available to cities for substance abuse education.

“Once they know the number of cities who want to participate,” said Sheppard, “the exact numbers will be provided.” He said he anticipates approximately $30,630 spread out over a number of years will be available to High Springs.

Commissioners appointed Hector E. Tapanes to replace Ronald Wilson, who resigned from the Planning and Zoning Board.

Stathatos asked for input from Commissioners in the near future as to whether they would like to discuss how the ARPA funds should be used at either the first meeting in February or at a workshop.

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