Commission Meeting Draft Minutes
Draft Minutes of the September 18, 2019 6 p.m.
Commission Meeting
This special meeting of the Lady Lake Town Commission was held in the Commission Chambers at Lady Lake Town Hall, 409 Fennell Blvd., Lady Lake, Florida with Mayor Jim Richards presiding. The meeting convened at 6 p.m.
Procedure
Citizens are encouraged to participate in the Town of Lady Lake meetings. Citizen groups are asked to name a spokesperson. Speakers will be limited to three minutes. Additional time may be granted at the Mayor’s discretion. Upon being recognized by the Mayor, please approach the dais, state your name and address, and speak into the microphone. The order of agenda items may be changed if deemed appropriate by the Town Commission. Please be respectful of others and put your cell phone on silent mode.
A. Call to Order
Mayor Jim Richards
B. Invocation
Mayor Richards read the Civility Statement in lieu of the invocation by Reverend Kerry Edwards of the Lady Lake United Methodist Church as he was not present.
C. Pledge of Allegiance
D. Roll Call
| Commissioner (Ward) | Present |
| Hannan (Four) | YES |
| Kussard (One) | YES |
| Holden (Two) | YES |
| Vincent (Three) | YES |
| Richards (Five) | YES |
Staff Present
Kris Kollgaard, Town Manager; Sasha Garcia, Attorney; Thad Carroll, Growth Management Director; C.T. Eagle, Public Works Director; Chief Rob Tempesta, Deputy Chief Jason Brough, Lieutenant Nelson Vargas, Lady Lake Police Department; Pam Winegardner, Finance Director; Maureen Gochee, Human Resource Director; and Nancy Slaton, Deputy Town Clerk
E. Public Comment
Mayor Richards asked if anyone had any comments.
David Sirdar of Fruitland Park stated he spoke at the Lake County Commission meeting this month. Among other things, he stated he is a citizen concerned about climate change.
F. Public Hearing
1. Resolution 2019-114 (First and Final Reading) — Adoption of Final Millage Rate for Fiscal Year 2020 (Pam Winegardner)
Finance Director Pam Winegardner gave the background summary for this agenda item (on file in the Clerk’s Office). She read the resolution header and announced that per State Statute Chapter 200.065, the Town of Lady Lake must hold a public hearing on the final millage rate and proposed budget. At this hearing, the Town Commission will disclose and discuss the proposed millage rate, and if changed, re-compute the proposed millage rate and publicly announce the percent, if any, by which the re-computed millage rate is greater than or less than the rolled-back rate and approve the resolution prior to the adoption of the proposed budget.
Ms. Winegardner stated that this resolution sets the Fiscal Year 2019—2020 property tax millage rate of 3.3962 mills per $1,000 taxable valuation, which is 6.43% greater than the current year’s rolled back rate of 3.1909.
Ms. Winegardner reminded the Town Commission that they could have increased the millage rate at the September 4th meeting, but at this second public hearing, it cannot be increased from what was approved at the September 4th meeting. This rate plus any other rate below this rate requires an affirmation vote of three members of the Town Commission. This hearing was advertised via an ad in the local newspaper.
Mayor Richards asked if there were any questions or comments from the Commissioners or the public. There were no questions or comments.
Upon a motion by Commissioner Kussard and seconded by Commissioner Holden, the Commission approved the first and final reading of Resolution 2019-114, which sets the Fiscal Year 2019—2020 final property tax millage rate of 3.3962 mills per $1,000 taxable valuation which is greater than the current year’s rolled back rate, by the following roll call vote:
| Commissioner | Vote |
| Hannan | NO |
| Kussard | YES |
| Holden | YES |
| Vincent | YES |
| Richards | YES |
2. Ordinance 2019-14 (Second and Final Reading) — Adoption of Operating Budget for Fiscal Year 2020 (Pam Winegardner)
Finance Director Pam Winegardner gave the background summary for this agenda item (on file in the Clerk’s Office). She stated that per State Statute Chapter 200.065, the Town of Lady Lake must hold a public hearing on the proposed Fiscal Year 2019—2020 operating budget. At this hearing, the Town Commission will amend and approve the first reading of the budget ordinance after adoption of the final millage rate. She stated this hearing was advertised via the TRIM notice mailed out by the Property Appraiser.
Ms. Winegardner read the ordinance title which stated the budget is setting forth anticipated revenue of $18,148,183 and expenditures in an equivalent amount. The following amounts are appropriated for various funds: General Fund — $12,934,499; Special Revenue (infrastructure sales surtax) — $1,482,200; and Utilities Fund — $3,731,484; for a total of $18,148,183.
Mayor Richards asked if there were any questions or comments from the Commissioners or the public. There were no questions or comments.
Upon a motion made by Commissioner Hannan and a second by Commissioner Vincent, the Commission approved the second and final reading of Ordinance No. 2019-14, by the following roll call vote:
| Commissioner | Vote |
| Hannan | YES |
| Kussard | YES |
| Holden | YES |
| Vincent | YES |
| Richards | YES |
G. Consent
3. Minutes — September 4, 2019 — Special Commission Meeting
4. Consideration of Fiscal Year 2020 World Risk Management and Public Risk Management Renewal Proposal (Maureen Gochee)
The background summary for this agenda item is on file in the Clerk’s Office.
5. Consideration to Approve the Contract Extension with Kerry Barnett Fire Safety Consulting, LLC, for the Provision of Fire Inspection Services and Fire Plan Review Services (Thad Carroll)
The background summary for this agenda item is on file in the Clerk’s Office.
6. Consideration of Approval of the First Amendment and Extension of the Professional Services Agreement between the Town of Lady Lake and M.T. Causley, LLC for Building Inspection and Plan Review Services (Thad Carroll)
The background summary for this agenda item is on file in the Clerk’s Office.
7. Consideration of Approval of the Contract with Lassiter Transportation Group (LTG) to Prepare the State-Required Evaluation and Appraisal Report on Behalf of the Town of Lady Lake (Thad Carroll)
The background summary for this agenda item is on file in the Clerk’s Office.
Mayor Richards asked if any of the Commissioners had any concerns regarding the Consent items, and hearing none, asked for a motion.
Commissioner Vincent made a motion to approve Consent Items G-3 through G-7. Commissioner Holden seconded the motion. The motion passed by a vote of 5 to 0.
H. Old Business
No old business.
I. New Business
8. Consideration of Approval to Purchase Spillman Flex Mobile Software Computer Assisted Dispatch (CAD) for Police Vehicles (Robert Tempesta)
Police Chief Rob Tempesta presented the background summary for this agenda item (on file in the Clerk’s Office).
Town Manager Kris Kollgaard noted that this new screen allows officers to just touch a screen when they are driving which makes it much easier and less distracting. This system also allows others to verify the location of an officer if there is no response to a 10-4 check and assistance can then be sent to the location if necessary.
Mayor Richards asked if there were any questions or comments from the Commissioners.
Commissioner Hannan asked if the second year maintenance cost will increase.
Chief Tempesta replied that the quote will remain the same for the second year but could increase for the third year. He reiterated that this system is much easier to use in the field as the officers do not have to use a mouse.
Commissioner Kussard made a motion to approve the purchase of Spillman Flex Mobile Software Computer Assisted Dispatch (CAD) for police vehicles. Commissioner Hannan seconded the motion. The motion passed by a vote of 5 to 0.
J. Town Attorney's Report
9. Ordinance 2019-11 (Second and Final Reading) — An Ordinance Annexing One Lot Being Approximately 0.14 Acre, Located within Orange Blossom Gardens Unit 3.1B, Owned by John H. and Judy B. Osgood, Trustees, Referenced by Alternate Key Number 2523212 (Thad Carroll)
Attorney Sasha Garcia read the ordinance by title only.
Growth Management Director Thad Carroll presented the background summary for this agenda item (on file in the Clerk’s Office). He stated the applicant is present.
Mayor Richards asked if there were any questions or comments from the Commissioners or the public. There were no questions or comments.
Upon a motion by Commissioner Holden and a second by Commissioner Hannan, the Commission approved the second and final reading of Ordinance 2019-11 by the following roll call vote:
| Commissioner | Vote |
| Hannan | YES |
| Kussard | YES |
| Holden | YES |
| Vincent | YES |
| Richards | YES |
10. Ordinance 2019-12 (Second and Final Reading) — An Ordinance Amending the Lady Lake Future Land Use Comprehensive Plan of One Lot Being Approximately 0.14 Acre, Located in Orange Blossom Gardens Unit 3.1B, Owned by John H. and Judy B. Osgood, Trustees, Referenced by Alternate Key Number 2523212 (Thad Carroll)
Attorney Sasha Garcia read the ordinance by title only.
Growth Management Director Thad Carroll presented the background summary for this agenda item (on file in the Clerk’s Office). He stated the applicant is present.
Mayor Richards asked if there were any questions or comments from the Commissioners or the public. There were no questions or comments.
Upon a motion by Commissioner Kussard and a second by Commissioner Holden, the Commission approved the second and final reading of Ordinance 2019-12 by the following roll call vote:
| Commissioner | Vote |
| Hannan | YES |
| Kussard | YES |
| Holden | YES |
| Vincent | YES |
| Richards | YES |
11. Ordinance 2019-13 (Second and Final Reading) — An Ordinance Rezoning One Lot Being Approximately 0.14 Acre, Located in Orange Blossom Gardens Unit 3.1B, Owned by John H. and Judy B. Osgood, Trustees, Referenced by Alternate Key Number 2523212 (Thad Carroll)
Attorney Sasha Garcia read the ordinance by title only.
Growth Management Director Thad Carroll presented the background summary for this agenda item (on file in the Clerk’s Office). He stated the applicant is present.
Mayor Richards asked if there were any questions or comments from the Commissioners or the public. There were no questions or comments.
Upon a motion by Commissioner Hannan and a second by Commissioner Holden, the Commission approved the second and final reading of Ordinance 2019-13 by the following roll call vote:
| Commissioner | Vote |
| Hannan | YES |
| Kussard | YES |
| Holden | YES |
| Vincent | YES |
| Richards | YES |
12. Ordinance 2019-15 (Second and Final Reading) — An Ordinance Amending the Town of Lady Lake Land Development Regulations (Ordinance 94-08); Repealing Chapter 1, Article III, Section 1-86; Providing for the Abolishment of the Economic Development Advisory Committee (Thad Carroll)
Attorney Sasha Garcia read the ordinance by title only.
Growth Management Director Thad Carroll presented the background summary for this agenda item (on file in the Clerk’s Office).
Mayor Richards asked if there were any questions or comments from the Commissioners or the public. There were no questions or comments.
Upon a motion by Commissioner Vincent and a second by Commissioner Holden, the Commission approved the second and final reading of Ordinance 2019-15 by the following roll call vote:
| Commissioner | Vote |
| Hannan | YES |
| Kussard | YES |
| Holden | YES |
| Vincent | YES |
| Richards | NO |
13. Ordinance 2019-16 (First Reading) — An Ordinance of the Town of Lady Lake, Lake County, Florida; Providing for a Text Amendment to the Town of Lady Lake Land Development Regulations (Ordinance 94-08) Chapter 5, Section 5-4, “Zoning District Uses”; Amending the Minimum Setback Requirements and Providing an Exemption for Accessory Structures Incidental to Agricultural Activities (Thad Carroll)
Attorney Sasha Garcia read the ordinance by title only.
Growth Management Director Thad Carroll presented the background summary for this agenda item (on file in the Clerk’s Office).
Mayor Richards asked if there were any questions or comments from the Commissioners or the public. He asked if agricultural uses need to be listed as an option in the Town’s zoning regulations. If it did not list agricultural as a use in any zoning regulations, the Town would still have power to regulate accessory structures.
Mr. Carroll provided some background on this issue for Attorney Garcia.
Commissioner Vincent commented that this might be stepping on toes as there are numerous parcels in the Town that are used for agriculture.
Mr. Carroll stated the question is whether the five acre entitlement for agricultural use is granted through the statute, or if the excess of five acres is an entitlement granted from the Town since it is specific in the Town’s code.
Attorney Garcia replied that the Town would have to conform with the state statute’s definition of agricultural use. She stated that if there is anything that the Town allows that may be deemed an agricultural use for purposes of the Town and that is not under the definition of the statute, then it could be regulated separately. She stated she has not researched this, and she will ask Attorney Schroth research this issue a little more.
It was the consensus of the Commission to table the first reading of Ordinance 2019-15 to October 7, 2019 in order for the Town Attorney to further review this issue.
14. Resolution 2019-108 (First and Final Reading —Tabled from the September 4, 2019 Commission Meeting at the Request of the Applicant) — A Resolution Granting a Variance from the Provisions of Chapter 17). 17-4). b).2)., of the Town of Lady Lake Land Development Regulations Which Restricts Wall Sign Copy Area to Not Exceed 200 Square Feet or 20 Percent of the Façade; Whichever is Greater, for the Earth Fare Retail Space Located within the Earth Fare Commons of Lady Lake Shopping Center, Addressed as 655 North Highway 27/441, Referenced by Alternate Key Number 3305451 (Thad Carroll)
Attorney Sasha Garcia read the resolution by title only.
Growth Management Director Thad Carroll presented the background summary for this agenda item (on file in the Clerk’s Office). He stated Mr. Dellebovi is present to address any questions.
Mayor Richards asked if there were any questions or comments from the Commissioners or the public.
Commissioner Hannan stated he would not be in favor of this if it was on a smaller parcel, but he is in favor because it is on a larger parcel.
Mayor Richards asked if any of the signs were oversized for stores in the plazas across the street.
Mr. Dellebovi replied affirmatively; stating there were variances for Steinmart.
Commissioner Kussard asked if Goodwill will also want a variance regarding the size of their sign. She stated she has no problem with this request and thinks it looks nice.
Mr. Dellebovi replied that Goodwill has not requested a sign variance and they would have to come to his company first as they have to sign off as the applicant.
Upon a motion by Commissioner Kussard and a second by Commissioner Hannan, the Commission approved the first and final reading of Resolution 2019-108 by the following roll call vote:
| Commissioner | Vote |
| Hannan | YES |
| Kussard | YES |
| Holden | YES |
| Vincent | YES |
| Richards | YES |
K. Town Manager's Report
15. Discussion Regarding County Road 466 Median (Kris Kollgaard)
Town Manager Kris Kollgaard presented the background summary for this item (on file in the Clerk’s Office. She asked if the Commissioners would like to discuss this issue anymore or if they were in agreement for the Town to continue to maintain the median as is, as the plantings were installed as a calming effect on the traffic per the Mayor’s explanation.
The Commissioners were in agreement that the Town would continue to maintain the median.
Ms. Kollgaard stated it was brought to her attention this week that there was an error on the Town’s part where a police officer (Sergeant Andy Crogan) who began employment with the Town in 1996 did not get enrolled in the retirement plan until 1998. The officer is planning on retiring in January of next year, and because of this error, he will have to buy back the time and the lost interest on those two years. The officer is fine with buying back the time, amounting to $1,471.00, as his portion was not taken out during the time period. Ms. Kollgaard suggested that the Town agree to pay the 7.25% interest in the amount of $4,717 that the officer would have to pay back to the plan according to the calculations by Foster & Foster.
The Commissioners agreed that the Town should pay the interest in the amount of $4,717.00 since it was due to an error on the Town’s part.
L. Mayor and Commissioner's Report
Mayor Richards asked if any of the Commissioners had anything to report. There were no reports.
M. Public Comment
Mayor Richards asked if there were any comments from the audience. There were no comments.
N. Adjourn
There being no further business, the meeting was adjourned at 6:45 p.m.
___________________________
Kristen Kollgaard, Town Clerk
___________________________
Jim Richards, Mayor
Minutes transcribed by Nancy Slaton, Deputy Town Clerk