Further below is an excellent analysis by Lake County, FL County Commissioner Leslie Campione on the proposed Liner Source, Inc. 50 room FarmWorker H-2A housing dormitory on an agricultural lot in an area north of Eustis, FL. Neighbors have protested this contentious issue of housing up to 200 farmworkers near them which will come to the Lake County, FL Board on May 21, 2019 for a decision.
Updates were added to this document on May 12 to reflect a different source for P&Z agendas, plus I added a conclusion statement about the dangers of buying rural land in Lake County, FL.
The application for the Dormitory was previously denied without clear explanations by the Planning & Zoning Commission on May 1, 2019. You can watch that May 1, 2019, Planning & Zoning meeting HERE, and skip to 11:10 where the overview, followed by emotional public input, and the decision take place.
For info on the Federal H-2A program, see our links at the bottom of this page.
You can find agendas and staff packets for P&Z meetings on the Planning & Zoning meeting page HERE.
BUT, to see P&Z meeting videos, you have to go to a separate page HERE, and scroll down to the "Most Recent Events" section. Don't ask me why they can't post both document and video links on BOTH of the above pages.
My opinion on this farmworker dormitory issue:
The May 1, 2019 Planning & Zoning Board hearing was contentious and emotional. That Board voted 4/1 to deny the zoning, but members did not clearly describe WHY they voted each way. The matter will now be finally decided by the Lake County Board on May 21.
I believe two things will happen on May 21:
1) It will come out that the H2A program is legal and the dormitory can be built based upon Federal law due to exceptions for this specific type of housing and program. Even though the dormitory is essentially a hotel in the middle of rural farm properties, it will be considered a legal exception.
2) Chair Campione, the County Attorney and Board will negotiate written conditions with the applicant, Liner Source, Inc and their advisors to be added to the approval paperwork (CUP) that will address many neighborhood emotional concerns, such as no illegal aliens will be housed there. They could negotiate other issues such as make it one story, higher buffers, etc.
Our Opinion and Conclusion:
It is dangerous to move to Lake County, FL from "up North" or other Florida Counties and buy a "Dream Retirement Rural Home & land" in Lake County, FL next to other lands that can be developed for different uses.
This unexpected land use (or zoning) change request could be for commercial buildings, 4-5 story condos or rental apartments (Tavares on Lake Saunders or also on Lake Dora), proposal for a 4-story retirement home in your backyard (Tavares), approval of an unwanted Charter school next door on too small a lot (Clermont), stealth approval of mosques next door (Eustis and Clermont), firing ranges (North Lake County), annexing by cities for developments of higher density housing (Deer Island & Shirley Shores road, Tavares), highway widening (Round Lake Road near Mt. Dora), replacing a surrounding 20-year golf course with tiny residential lots (Tavares at BayTree), NOISY industrial marijuana growers (MedMen growers north of Eustis), mud racing facilities, kennels, commercial trucking operations, etc. These are all REAL cases in Lake County that I have seen while writing my blog.
Additionally, as this Liner Source case shows, an obscure Federal law can supersede local control and allow a land use you and local officials never expected. (The same thing happened at the MedMen Marijuana growing facility, where local noise laws are superseded by State law).
There seems to be a need for a guaranteed "NO-Rural-LAND-USE-Change safe zones" in Lake County, but there are not any that I know about. You can be living among eagles and black bears in rural Lake County, and not know an "ISBA" agreement exists allowing a defined city to annex any area around you for development like happened on Shirley Shores near Tavares. Even if you live on a one house per 5-acre lot in the middle of others, something can happen since the County Board and cities are constantly asked by developers, realtors, and landowners to re-zone property for other uses. Land developers could buy property all around you for a mosque, and you won't know it until the development City hearing signs popup or you get a mailer. (That happened in Eustis and Clermont). It is going on all over Lake County. The only "safe" place is to own a residence and lot is inside a developed, built community where you don't have unbuilt land next to you. Traffic issues are another danger to be discussed later.
Another brutal but realistic factor is non-locals move here, and expect nearby land to remain undeveloped, but locals seem to consider that to be naive, since the locals want to extract payment for their future from their land for the "higher and best use", and may show empathy but not concern with your naive expectations.
Until rural, non-City residents in Lake County run for the County Commission or support rural advocates for City Councils to reduce development approvals, just expect change and surprises. I live across the street from a nature preserve and would not be surprised if the City of Tavares found a legal way to trade development rights so a Nascar track was constructed there (which I actually would like).
If rural Lake County residents don't show up at government meetings and monitor local government planning decisions and who is elected, the reality I see is that they must learn to live with and expect these land use surprises.
Vance Jochim
FiscalRangers.com - Tavares, FL May 12, 2019
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The following great overview of the issue was posted by Lake County Chair Leslie Campione on Facebook
Re: Liner Source Request for On-Site Housing for Foreign Agricultural Workers at their 85 Acre Nursery:
Dear Lake County Residents:
I decided to write this letter because I feel we all need accurate information regarding a zoning request (conditional use permit or CUP) by Liner Source, Inc., a local family owned farm and nursery who currently employs 175 employees in Lake County, to build a dormitory within the interior portion of their 85 acre nursery on CR 44A east of Eustis, to house temporary agricultural employees under the “H2A” foreign worker program to address their current labor shortages.
We all know our country helped build its workforce over the last century by welcoming immigrants who “legally” came to America to work hard and make a better life for themselves and their families (our relatives and ancestors). Despite attempts by many in the media to cloud the difference between legal and illegal immigration and suggest that those who favor enforcement of our borders are racists, we know that those of us who favor enforcement of immigration laws are not bigots for supporting a legal path to citizenship.
This is the climate we find ourselves when we started hearing about a proposed “work camp” in east Lake County. The story rapidly morphed (intentionally in some cases through flyers, social media and petitions; and unintentionally in other cases due to the “grapevine” effect) to either be a detention facility for illegal immigrants or a 400 person “work camp” with families and children who were going to flood our ER’s and our ‘already’ overcrowded schools and roads.
The request by Liner Source, Inc. for “H2A” housing for a temporary workforce is very different than the stories that are being circulated, and the County Commission must determine whether this 85 acre nursery/farm on CR 44A is an acceptable location for a 5 acre tract located within the confines of the nursery to be used as a dormitory for temporary workers, and whether conditions can be imposed which protect the property rights of adjoining property owners and address legitimate concerns.
I have constituents in my district who favor this request and those who are firmly against it, but it has been impossible to have a fair, non-emotional, and balanced discussion about this conditional use (CUP) application without accurate facts and details and an understanding of how it fits into the immigration debate.
Background: Here’s the background on what is being presented to the County Commission on May 21st. In 1986 when the economy was booming and U.S. companies and farmers were starving for workers, a program called “H2A” was put into place to allow employers to contract directly with workers in other countries to come here to work on a limited basis. The workers have to be vetted, could not have a criminal record, they have to have strong ties to their own country and cannot be interested in seeking a path to American citizenship, and if they break any rules they are sent home and their employer is on the hook. They are not permitted to stay longer than their contract with the company that hired them.
In addition, employers have to pay H2A workers the same wage as American workers and employers can only use the program if they tried to hire American workers to fill these positions and were unable to. Finally, and very importantly, employers are responsible for the medical costs and housing for H2A workers.
In many ways, the H2A program is a byproduct of the liberal agenda to begin with. If social programs didn't make it easier to collect welfare from the government, Americans would still be willing to do the jobs of foreign agricultural workers. As unfortunate as it may be, we depend on legal H2A employees because Florida crops would die on the vine otherwise.
Lake County’s Agricultural History and Seasonal Workers. If you’ve lived in Lake County a long time you will remember we have always had seasonal, agricultural workers, and without this labor force the agricultural uses we still have in this county would likely have ended long ago. Lake County farmers and nurseries are trying to survive (without having to sell their farms to developers) and they are trying to grow their businesses to meet the demands of a strong economy.
H2A workers actually help farmers avoid hiring illegal immigrants, and the H2A process removes the marketplace for illegal workers. Even President Trump’s vineyard and winery uses the H2A foreign work program to meet labor shortages.
There is a labor shortage. Liner Source, Inc. applied for the H2A program because they have a labor shortage. The H2A program allows them to provide housing by one of the following ways: they can find an old hotel to convert (which is what Cherry Lake Tree Farm has done for several years) or build cottages, convert an apartment complex or build a new apartment complex, or they can house their employees onsite if they meet certain rules including 24-7 supervision, security cameras, individual rooms with a limited number of occupants per room with bathrooms and kitchens, recreational rooms, and stringent environmental regulations.
Farms throughout Florida use H2A employees. There are many farms throughout Florida who are providing housing on to their farms and nurseries through the H2A program. Some of these farms were “grandfathered in” and continue to use mobile homes for their H2A workers, but changes to the law around 2002 prohibit the use of mobile homes under the H2A program (but the older farms were grandfathered in).
There are regular inspections by several agencies to assure compliance with living standards, work conditions and environmental protection - including ICE, Homeland Security, the Health Department, and the Department of Environmental Protection.
Cherry Lake Tree Farm in the Groveland area was recently given zoning approval to build a dormitory for H2A employees on their tree farm to replace the hotel they currently use. There are many very nice homes and residential uses near Cherry Lake Tree Farm but the City Council worked with residents and the farm to make sure that concerns of nearby property owners were addressed.
Specifics of the Liner Source Application. Liner Source, Inc. has asked for permission to build a dormitory style housing (photo attached) for H2A employees with the initial phase including space for around 90 temporary employees, and if subsequent phases are approved, there could be up to 200 temporary employees at “build out” with the dormitory being located on a five acre parcel completed surrounded by the balance of this 85 acre nursery.
The dormitory structure is designed to look like an upscale barn but with limited points of entry to the living areas inside, and security cameras outside at the points of entry and entrance to property. Liner Source has specifically limited their H2A application to only allow single persons (no families), and if someone becomes pregnant they would be sent home before the baby is born. If house rules are broken, employees are sent home. Each bedroom would house a total of 4 people, and three bedrooms will share a kitchen area and a bathroom complex with individual stalls and showers. In addition, there would be recreation and media rooms. Employees would not have cars but Liner Source would provide a shuttle to shopping, church, etc. Liner Source pays a minimum wage of $11.29 an hour for a 50 hour work week, and they would hire any Americans willing to work at their farm and nursery.
This case comes before the Board of County Commissioners on May 21st. If permission is granted to Liner Source, the conditions stated above and any other conditions added by the County Commission could be included in the CUP ordinance to assure compliance and protection of property rights and values of neighboring property owners.
Zoning Case Review. Because this is a zoning matter, under Florida law, Commissioners must reserve final judgement on the case until the day of the hearing. But we can utilize the time between now and then to do research and meet with residents and the applicants to understand the facts and law which governs this land use in order to be prepared for the hearing.
Safety Concerns. At the last community meeting I heard residents’ concerns including fears about safety. Although H2A workers must be vetted and may not have a criminal record, I felt it was important to talk to law enforcement in other counties where H2A housing is more prevalent to find out their experience. I’ve had the chance to speak with a Florida sheriff whose county has a large number of H2A housing facilities and his experience has been very positive because H2A employees know they are being monitored at all times. He said it is an entirely different situation than the problems he encounters with undocumented workers in his county or those on work visas who must find their own housing. He emphasized that H2A employees know they are on record with the authorities and they do not want to the lose the chance to be re-hired for the next season. I hope to visit one or more of these facilities before May 21st.
Conclusions and Considerations. I have not decided where I stand on H2A housing at this particular location, but I definitely see the benefit of the H2A program over traditional work visas for all the obvious reasons discussed above, including the fact that the market for illegal or undocumented workers dissipates as more employers use the H2A program.
Here are my key considerations at this point:
(1) Is the location appropriate for H2A onsite temporary worker housing considering the proximity of several five acre residential tracts and homes in relation to this existing 85 acre nursery?
(2) Are other H2A onsite housing facilities in Florida (and Lake County) safe, and what is their track record with law enforcement? What are the consequences to the employer if one of their employees leaves the site and does not return, or breaks house rules or violates any laws?
(3) How much daily activity is associated with this nursery already (e.g. semi trucks, employee vehicles, noise) and how much more daily activity will occur once this farm is fully operational (85 acres) - regardless of whether onsite housing is constructed or not?
(4) If Liner Source is issued a conditional use permit (“CUP”) by the County, may the County Commission revoke the CUP if there are violations of the permit or if there are safety problems or nuisances associated with onsite housing?
(5) Would it be better or worse for the public if H2A housing facilities were placed within industrial zoned areas, with agricultural workers being transported to the farm each day versus living on the property where they work - that is, living on property owned by their employer? It would seem that an employer would provide optimal supervision when housing is located within their own farm versus off site housing.
(6) If onsite housing at this location isn’t permitted by the County (i.e. the CUP is denied), would there be more negative impacts on surrounding property owners and the surrounding area if 200 employees working on this farm drove their own cars to and from work every day (all arriving in the morning at the same time, and leaving work at the same time)?
(7) Would it be possible to address concerns raised by immediately adjacent neighbors by increasing buffers; limiting noise on Sunday (including amplified music); adding a physical or visual barrier; moving the housing facility to a location closer to the center of the property, or could the number of H2A employees be limited until Liner Source has a track record?
(8) It is possible to protect the property rights of all who are involved in this case through stringent conditions in a CUP (conditional use permit)?
(9) How can we preserve our agricultural and rural lands in Lake County and protect farmers and all landowners from unwanted development pressures, if we are not willing to work with farmers to help them meet their basic need for labor — if it can be done in a way that is safe, clean, environmentally sound and if conditions can be added to the CUP which protect surrounding property values and the quality of life of nearby residents?
Purpose for Writing this Letter. My only goal in writing this letter is to make sure that you have all the factual information surrounding the H2A housing program for temporary foreign workers as it relates to the Liner Source’s CUP request. H2A workers are not illegal immigrants, they are filling a void in our work force for a temporary period and then they return home, and they are only selected if they have strong ties to their country and have no interest in becoming a U.S. citizen. Their existence in our country actually makes it harder for illegal immigrants to work here. If we want to see American workers filling these jobs we should remove the social welfare programs that keep them out of the workforce, and then the need for H2A employees will dissipate. In the meantime, our thriving economy and a shortage of agricultural workers makes it necessary for U. S. farmers to use temporary workers under this program - especially if we want agricultural uses to remain as a viable alternative to residential development.
A decision about this particular CUP for an H2A housing facility within the confines of Liner Source’s 85 acre nursery may only be made after a fair and impartial hearing is conducted looking at the specific facts, impacts on adjoining properties and proposed conditions presented at that time.
Thank you for taking the time to be informed on this important matter. Please feel free to email me your thoughts or constructive observations at [email protected].
Sincerely,
Leslie Campione
Lake County Commissioner
District 4
Sources on H-2A housing programs:
http://www.awmalabor.com/housingRequirements.html
US Dept of Labor: https://www.dol.gov/whd/ag/ag_h-2a.htm
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