Commission Meeting Draft Minutes
Draft Minutes of the July 6, 2020 6 pm Commission Meeting
The regular 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 Pro Tem Ruth Kussard presiding at the request of Mayor Richards. The meeting convened at 6 p.m.
A. Call to Order
Mayor Pro Tem Ruth Kussard
B. Invocation
By Reverend Dr. Paul Harsh of the First Baptist Church of Lady Lake
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 (via Teleconference) |
STAFF PRESENT
Kris Kollgaard, Town Manager; Derek Schroth, Town Attorney; Thad Carroll, Growth Management Director; John Pearl, I.T. Director; C.T. Eagle, Public Works Director; Mike Burske, Parks and Recreation Director; Pam Winegardner, Finance Director; Chief Rob Tempesta and Deputy Chief Jason Brough, Lady Lake Police Department; Julia Harris, Administrative Assistant to Town Manager; and Nancy Slaton, Deputy Town Clerk
E. Public Comment
Mayor Pro Tem Kussard asked if anyone had any comments. There were no comments.
F. Consent
1. Minutes — June 15, 2020 — Commission Workshop Meeting
2. Minutes — June 15, 2020 — Regular Commission Meeting
3. Consideration of Approval to Move $1,649.99 from the Parks and Recreation Equipment Line Item 001-7201-572-64-10 to General Operating Line Item 001-7201-572-52-10 to Purchase a New Rotary Tiller for the Baseball Fields (Mike Burske) (Background Summary on file in the Clerk’s Office.)
4. Consideration of Approval for the Lady Lake Parks and Recreation Department to Invest $3,565.00 for a New Viking L3 Commercial Slide Gate Opener at the Parks and Recreation Building (Mike Burske) (Background summary on file in the Clerk’s Office.)
Commissioner Vincent asked that the minutes of the Commission Workshop (Item F-1) be pulled for discussion.
Mayor/Commissioner Richards made a motion to approve Consent Items F-2 through F-4. Commissioner Vincent seconded the motion. The motion passed by a vote of 5 to 0.
Commissioner Vincent requested that a conversation he believed occurred during the June 15th Commission Workshop meeting regarding comments made by Commissioner Hannan be included in the minutes.
The Deputy Town Clerk stated that she did not recall hearing the conversation in question and offered to go back and listen to the audio of the meeting again. She noted that the minutes do not include every conversation.
Town Attorney Derek Schroth stated that there needed to be a majority vote by the Commission for the minutes to be revised.
Mayor Pro Tem Kussard asked for a vote on the minutes of the June 15, 2020 Commission Workshop meeting.
Mayor/Commissioner Richards made a motion to approve Consent Item F-1 as presented. Commissioner Holden seconded the motion. The motion passed by a vote of 4 to 1 (Vincent).
G. Old Business
No old business.
H. New Business
5. Consideration of Approval to Waive the $500.00 Seasonal Payment for Both the Little League and The Lady Lake Soccer Association for the Fall Season (Mike Burske)
Parks and Recreation Director Mike Burske presented the background summary for this agenda item (on file in the Clerk’s Office).
Mayor Pro Tem Kussard asked if there were any questions or comments from the Commissioners or the public. Hearing none, she asked for a motion.
Mayor/Commissioner Richards made a motion to approve waiving the $500.00 seasonal payment for both the Little League and the Lady Lake Soccer Association for the fall season. Commissioner Holden seconded the motion. The motion passed by a vote of 5 to 0.
6. Consideration of Approval for the Lady Lake Area Chamber of Commerce and the Lady Lake Parks and Recreation Department to Form a Partnership to Program and Run the Lady Lake Art-in-the-Park this Spring (Mike Burske)
Parks and Recreation Director Mike Burske presented the background summary for this agenda item (on file in the Clerk’s Office).
Mayor Pro Tem Kussard asked if there were any questions or comments from the Commissioners or the public.
Commissioner Holden made a motion to approve for the Lady Lake Area Chamber of Commerce and the Lady Lake Parks and Recreation Department to form a partnership to program and run the Lady Lake Art-in-the-Park this spring. Commissioner Hannan seconded the motion. The motion passed by a vote of 5 to 0.
7. Presentation of Well #4 Siting Evaluation Study Findings by Mittauer and Associates, Inc. (C.T. Eagle/Jason Shepler)
Public Works Director C.T. Eagle introduced Jason Shepler of Mittauer and Associates, Inc. to present the study findings.
Mayor Pro Tem Kussard stated she agrees with the recommendations as a result of this study, including the addition of another well. She confirmed with the Finance Director that the funds are budgeted for these improvements.
Mr. Shepler reviewed the study findings.
Commissioner Holden made a motion to accept the findings and recommendations of the Well #4 Siting Evaluation Study as presented by Jason Shepler with Mittauer & Associates, Inc. Commissioner Hannan seconded the motion. The motion passed by a vote of 5 to 0.
8. Presentation of Wastewater Treatment Plant Reliability Study Findings by Mittauer and Associates, Inc. (C.T. Eagle/Jason Shepler)
Public Works Director C.T. Eagle introduced Jason Shepler of Mittauer and Associates, Inc. to present the study findings.
Mayor/Commissioner Richards stated he previously spoke with Mr. Eagle about the capacity agreement the Town has with The Villages and why it has not been activated. He stated it is because The Villages’ prices are higher than what the Town charges, and if the Town used this capacity and it impacted their operations, the Town may be responsible for the expansion of their treatment plant costs to be able to accommodate that.
Mr. Eagle confirmed this. He stated that the Town’s new volume charge rates that go into effect in October are $3.73 per thousand gallons, and the VCCDD costs are almost twice as much at $6.55 per thousand gallons just for usage, not including other base charges, etc. He stated the Town could only send about an extra 50,000 gallons a year to them per the contract, and it would take four years to achieve the 250,000 gallon allotment. Mr. Eagle stated the Town is at over 455,000 gallons a day, and the agreement with The Villages was done as an intermediate step before the Town’s plant was built. He stated it is good for an emergency backup in case of a catastrophic failure.
Mayor/Commissioner Richards remarked that the impact fees collected from Fruitland Park and Water Oak will not cover the full cost of construction, although the user fees collected over the years in addition to the impact fees should cover it.
Mr. Eagle replied that the fees just from Water Oak and Fruitland Park should cover an entire loan payment of that nature if the Town needed to fund the entire amount.
Mayor Pro Tem Kussard agreed with the recommendations as a result of this study. She confirmed that the fees collected by Water Oak and Fruitland Park will cover the improvements.
Commissioner Vincent asked where the money will come from if a loan is needed for these improvements initially as he was concerned about borrowing at a high interest rate.
Ms. Kollgaard commented that funding for these improvements will be discussed at a later date.
Mr. Eagle stated he does not arrange for the financing.
Commissioner Holden made a motion to accept the findings and recommendations of the Wastewater Treatment Plant Reliability Study as presented by Jason Shepler with Mittauer & Associates, Inc. Commissioner Hannan seconded the motion. The motion passed by a vote of 5 to 0.
9. Consideration to Purchase Motorola Spillman Software for the Police Department (Robert Tempesta)
Police Chief Robert Tempesta presented the background summary for this agenda item (on file in the Clerk’s Office).
Mayor Pro Tem Kussard asked if there were any questions or comments from the Commissioners or the public.
Ms. Kollgaard noted that these funds will come out of the balance of $220,000 left in contingency in the current year’s budget.
Commissioner Holden made a motion to approve the purchase of Motorola Spillman Software for the Police Department. Commissioner Hannan seconded the motion. The motion passed by a vote of 5 to 0.
10. Discussion Regarding Drafting an Ordinance to Limit All New Buildings to Two Stories (Commissioner Holden)
Commissioner Holden stated that he brought up this issue after seeing the plans for the seven five story condominium complexes planned for property that is elevated 20 feet above Highway 27/441. He stated he feels this will look out of place as there is nothing else like this in Town. He requested that an ordinance be drafted to limit buildings to two-story or 35 feet maximum in height.
Mr. Carroll stated that he completed some research regarding height restrictions in surrounding communities. Wildwood has no height restrictions. Leesburg limits their multi-family to three-stories. Tavares has up to 84 feet in height restrictions for some of their commercial districts although their residential districts are restricted to 35 feet. Clermont has a maximum height restriction of 55 feet.
Mr. Carroll stated he feels it is a good idea to set a maximum height restriction for the buildings in other zoning districts such as multi-family and commercial, but perhaps recommend a height restriction of 35 feet or 55 feet or three-stories. Variances could be requested for anything higher. He stated that most of the apartment developments, condos, and assisted living facilities in Town are at least three-stories, so it is commonplace.
Mr. Carroll stated he spoke to a developer who mentioned that some may want to put amenities on the bottom floor of a building. The developer also noted that multi-story buildings allow for more green space between buildings and more open space in a development.
Mr. Carroll stated the conceptual plan in question was previously approved by the Commission at five stories, with the bottom story providing parking underneath rather than a sea of asphalt. He recommended setting height restrictions of 55 feet. He stated condos or multi-family could be set at 35 feet as a base.
Commissioner Holden confirmed that two-story buildings would have to have elevators and sprinklers. He stated he is in favor of buildings going out instead of up.
Mayor Pro Tem Kussard asked how many stories 35 feet would encompass.
Mr. Carroll replied that it would be approximately two and a half stories; it varies depending on ceiling heights. He reiterated that a developer could request a variance for building height if there was a hardship, etc.
Commissioner Hannan agreed with Mr. Carroll’s recommendations.
Mayor Pro Tem Kussard liked the idea of allowing a variance request in certain cases.
Mayor/Commissioner Richards agreed that it would be better to restrict the height by feet rather than stories.
Mr. Carroll clarified that 55 feet may allow up to four and a half stories. He stated that some projects in the queue may have more stories and they should be grandfathered in.
After further discussion, the consensus of the Commissioners was for staff to draft an ordinance to propose height restrictions of 35 feet for multi-family and 55 feet for commercial projects.
Mr. Carroll stated he will draft an ordinance to bring back for the Commission’s review. He noted that 35 feet may need to be adjusted to 37 or 38 feet if he finds that it will not encompass three stories as is the intention of the Commission.
I. Town Attorney's Report
11. Ordinance 2020-03 (Second and Final Reading) — An Ordinance of the Town Commission of the Town of Lady Lake, Florida, Amending Chapter 13 of the Town of Lady Lake Code of Ordinances Providing for the Setting of Water, Wastewater and Reclaimed Water Impact Fee Rates (C.T. Eagle/Pam Winegardner)
Town Attorney Derek Schroth read the ordinance by title only.
Public Works Director C.T. Eagle presented the background summary for this agenda item (on file in the Clerk’s Office). He stated there have been no changes since first reading.
Mayor Pro Tem Kussard asked if there were any questions or comments from the Commissioners or the public. Hearing none, she asked for a motion.
Upon a motion by Commissioner Holden and a second by Commissioner Hannan, the Commission approved the second and final reading of Ordinance 2020-03 by the following roll call vote:
Commissioner | Present |
Hannan | YES |
Kussard | YES |
Holden | YES |
Vincent | YES |
Richards | YES |
12. Ordinance 2020-04 (First Reading) — An Ordinance Amending the Permitted Uses for Certain Property Being Approximately 40.44 Acres Owned by Elijah Bailey, Jr., Zoned Planned Unit Development (PUD), Alternate Key Numbers 1282594, 1282608, 3793911 and 3374916, Located North of Lake Ella Road and West of Highway 27/441 within the Town Limits of Lady Lake in Lake County, FL (Thad Carroll)
Town Attorney Derek Schroth 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).
Mayor Pro Tem Kussard asked if there were any questions or comments from the Commissioners or the public. She noted her concern about the project being five stories high although she stated the Commission approved it at the conceptual presentation.
With no other comments, she asked for a motion.
Upon a motion by Commissioner Hannan and a second by Mayor/Commissioner Richards, the Commission approved the first reading of Ordinance 2020-04 by the following roll call vote:
Commissioner | Present |
Hannan | YES |
Kussard | YES |
Holden | YES |
Vincent | YES |
Richards | YES |
J. Town Manager's Report
Town Manager Kris Kollgaard reported that Commissioner Vincent asked that staff draft an ordinance regarding allowing no animals other than service animals in Town Hall. She asked for the Commission’s direction on whether they wanted an ordinance prepared.
There was a three (Hannan, Richards, Kussard) to two (Holden, Vincent) consensus against preparing an ordinance regarding this issue.
K. Mayor and Commissioner's Report
Mayor Pro Tem Kussard asked if any of the Commissioners had anything to report.
Mayor/Commissioner Richards thanked staff for the work they did to allow him to participate in this meeting in this manner.
Mayor Pro Tem Kussard stated her concern about the increased traffic and speed on Chula Vista. She stated it needs to be discussed and a solution provided, perhaps at a workshop.
Commissioner Vincent stated he feels this is the developer’s problem and the developer should help pay for a solution even though it is considered a Town road.
Commissioner Holden asked Mayor Pro Tem Kussard to share the recommendations suggested to her.
Mayor Pro Tem Kussard replied she has heard recommendations for additional stop signs on Chula Vista, installing “Your speed is …” flashing signs, speed bumps, and closing off the entrance to Chula Vista from Highway 466.
Commissioner Vincent commented that the entrance should be closed off.
Ms. Kollgaard stated that it is a public road.
Mayor/Commissioner Richards stated the only thing that would alleviate pass-through traffic would be to close the Chula Vista gate on Highway 466, which would then limit access by local residents. He stated the Town would have the right to do it as they can vacate any road. He stated there is another road (Southern Trace) in The Villages across from the polo fields with the same problem.
Commissioner Hannan mentioned that closing the gate off would also limit access by emergency vehicles. He stated he does not feel a workshop would make any difference as the developer would not go along with closing off the gate.
The majority of the Commissioners agreed they would be willing to have a workshop to discuss this issue further.
Mayor/Commissioner Richards stated that one of the Town’s engineers could be invited to attend the workshop as well.
L. Public Comments
Mayor Pro Tem Kussard asked if there were any comments from the audience. There were no comments.
M. Adjourn
There being no further business, the meeting was adjourned at 7:15 p.m.
___________________________
Kristen Kollgaard, Town Clerk
___________________________
Ruth Kussard, Mayor Pro Tem
Minutes transcribed by Nancy Slaton, Deputy Town Clerk