Commission Meeting Draft Minutes

Draft Minutes of the October 5, 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. The meeting convened at 6 p.m.

A. Call to Order

Mayor Pro Tem Ruth Kussard

B. Invocation

By Reverend Tom Ash of the New Song Community Church

C. Pledge of Allegiance

D. Roll Call

Commissioner (Ward) Present
Hannan (Four) YES
Kussard (One) YES
Holden (Two) YES
Vincent (Three) YES
Richards (Five) NO

Derek Schroth, Town Attorney; Thad Carroll, Growth Management Director; C.T. Eagle, Public Works Director; Mike Burske, Parks and Recreation Director; John Pearl, I.T. Director; Pam Winegardner, Finance Director; Chief Rob Tempesta, Deputy Chief Jason Brough, Lieutenant Nelson Vargas, Lady Lake Police Department; Maureen Gochee, Human Resource Director; Wendy Then, Senior Planner; and Nancy Slaton, Deputy Town Clerk

E. Public Comment

Mayor Pro Tem Kussard asked if there were any comments from the audience.

Commissioner Hannan asked that anyone who speaks from the audience state their address and/or Ward.

F. New Business

1. Selection of an Interim Town Manager (Mayor/Commissioners)

Upon a motion by Commissioner Holden and a second by Commissioner Hannan, the Commission approved the selection of Growth Management Director Thad Carroll as Interim Town Manager by a vote of 4 to 0.

2. Minutes — September 21, 2020 — Special (Conceptual) Commission Meeting

3. Minutes — September 21, 2020 — Regular Commission Meeting

4. Consideration of an Interlocal Agreement between the Lake-Sumter Metropolitan Planning Organization (MPO) and the Town of Lady Lake for Traffic Impact Analysis Reviews (Thad Carroll) (Background Summary on file in the Clerk’s Office.)

5. Consideration of Approval for the Lady Lake Area Chamber of Commerce to Host Their Annual Experience Lady Lake Expo at the Rolling Acres Sports Complex Soccer Fields on Wednesday, December 2nd from 9 a.m. to 4 p.m. (Mike Burske) (Background Summary on file in the Clerk’s Office.)

6. Consideration of Approval for the Lady Lake Driving Range to Conduct a “Season Opening Appreciation Day” at the Driving Range, on Saturday, October 24, 2020, from 11 a.m. to 2 p.m. (Mike Burske) (Background Summary on file in the Clerk’s Office.)

Mayor Pro Tem Kussard asked if there were any questions or comments from the Commissioners regarding the Consent items. Hearing none, she asked for a motion.

Commissioner Holden motioned to approve Consent Items G-2 through G-6. Commissioner Hannan seconded the motion. The motion passed by a vote of 4 to 0.

H. Town Attorney's Report

7. Ordinance 2020-08 (First Reading) — An Ordinance of the Town Commission of Lady Lake, Florida, Adopting the Eleventh Amendment to the Amended Development Order for the Tri-County Villages Development of Regional Impact Lake County (Thad Carroll)

Town Attorney Derek Schroth initially stated a straw poll may need to be taken after discussion of this item since Mayor Richards is absent (per Section 2-27). If it results in a majority decision, then the Commissioners would then move forward with a formal vote.  If there is a tie, then the Commissioners would need to discuss whether they would reconvene for a full Commission. He read the ordinance by title only.

Growth Management Director Thad Carroll stated the applicant would like to address the Commission prior to staff’s report.

Martin Dzuro of The Villages, representing the developer, requested that the first reading of this ordinance be tabled to November 2, 2020, as he would like all Wards represented and to hear the presentation.

Mr. Schroth stated that although there has been a continuance request for this ordinance, as well as Ordinance 2020-09, the public has a right to speak regarding this continuance request.

Bill Myers of 618 Catalina Court (Sumter County) stated that a lot of people were prepared to speak on this matter tonight. He asked if it will go on record if they speak tonight or if they should wait until next month.

Mayor Pro Tem Kussard stated that they could speak, although it might be better if they speak when the developer’s representatives are present.

Barbara Barnes of 9594 SE 168th Maplesong Lane in Marion County verified that the date that these ordinances are being tabled to as November 2nd at 6 p.m. She stated she would like a copy of the existing ordinances as they are written so that she could better understand what the changes may be, if approved.

Mr. Carroll asked that Ms. Barnes contact him after the meeting, and he would be glad to send these to her by email.

Barbara Dilaura of 1102 San Antonio Lane (Sumter County) stated she is baffled about the continuance since there is a quorum.  She asked what would happen if there was a tie vote.

Mayor Pro Tem Kussard replied that there would be a continuance. She stated she believes it is important that the Mayor give his input on these matters.

Mayor Pro Tem Kussard stated that she would like to address the audience. She stated she sees that the Villages Promises Preservation Watch has a very strong following. She stated she received 137 emails over the weekend, and of those, four were from Marion County, 108 were from Sumter County, and seven were from outside of Lake, Sumter and Marion counties. Only 18 of those were from residents of Lady Lake. She requested that her email not be bogged down regarding this because of the continuance.

Mr. Schroth requested that the Commission formalize separate motions to continue these ordinances to a date certain.

Upon a motion by Commissioner Hannan and a second by Commissioner Holden, the Commission tabled the first reading of Ordinance 2020-08 until November 2, 2020 by the following roll call vote:

Commissioner Present
Hannan YES
Kussard YES
Holden YES
Vincent NO

8. Ordinance 2020-09 (First Reading) — An Ordinance of the Town of Lady Lake Requesting Amendment of the Planned Commercial “CP” Zoning Classification for Certain Property Owned by the Villages Operating Company; Located in the Vicinity of Main Street, Alvarez Avenue, and Del Mar Drive in Lady Lake, Florida; Providing for a Second Supplemental Agreement to the Regulations of The Village Downtown Center (Thad Carroll)

Town Attorney Derek Schroth read the ordinance by title only.

Mayor Pro Tem Kussard asked for a motion to continue this reading to November 2nd.

Upon a motion by Commissioner Hannan and a second by Commissioner Holden, the Commission tabled the first reading of Ordinance 2020-09 until November 2, 2020 by the following roll call vote:

Commissioner Present
Hannan YES
Kussard YES
Holden YES
Vincent NO

9. Resolution 2020-108 (First and Final Reading) — Tabled to the October 19, 2020 meeting at 6 p.m. at the applicant’s request. — A Resolution Granting a Variance from the Provisions of Chapter 17). Section 7). A).17)., of the Town of Lady Lake Land Development Regulations to Allow the Placement of a Freestanding Sign Off-Premises Located 25 Feet East of the Intersection of Old Vineyard Road and Highway 27/441; Sign Being Situated within the Public Right-of-Way of Old Vineyard Road (Thad Carroll)

This item was tabled to a date certain; the Commission meeting scheduled for October 19, 2020 at 6 p.m.

10. Resolution 2020-109 (First and Final Reading) —Tabled to the October 19, 2020 meeting at 6 p.m. at the applicant’s request. — A Resolution Granting A Variance from the Provisions of Chapter 5). 5-4). N).4).B)., of the Town of Lady Lake Land Development Regulations which Restricts Building Height within the Heavy Commercial Zoning District to 45 Feet with a Limitation of Three Stories for Multi-Family Apartments. The variance request is to allow one apartment building (Building “F”) to be four stories and 50 feet in height within the Lady Lake Square Apartment Complex proposed at the southwest corner of County Road 25 and Griffin Avenue; referenced by Alternate Keys 3306376 and 3302494; owned by Lady Lake Square LLC (Thad Carroll)

This item was tabled to a date certain; the Commission meeting scheduled for October 19, 2020 at 6 p.m.

11. Resolution 2020-110 (First and Final Reading) — Tabled to the October 19, 2020 meeting at 6 p.m. at the applicant’s request. —  A Resolution Granting a Variance from the Provisions of Chapter 5). 5-4). M).4).B)., of the Town of Lady Lake Land Development Regulations which Restricts Building Height within the Light Commercial Zoning District To 45 Feet with a Limitation of Three Stories for Multi-Family Apartments. The variance request is to allow one apartment building (Building “F”) to be four stories and 50 feet in height within the Lady Lake Square Apartment Complex proposed at the southwest corner of County Road 25 and Griffin Avenue; referenced by Alternate Keys 3306376 and 3302494; owned by Lady Lake Square LLC (Thad Carroll)

This item was tabled to a date certain; the Commission meeting scheduled for October 19, 2020 at 6 p.m.

Mr. Schroth noted that these three resolutions were tabled at the request of the applicants.

Mayor Pro Tem Kussard asked if there were any comments or if the meeting should be paused while audience members left.

Various members of the audience chose to make comments as follows:

Pat Murphy of 1410 Juarez Place (Sumter County) asked how Mayor Pro Tem Kussard knew where the emails came from. She complained about the number of seats available in the Chambers and stated many were taken up by the developers. She stated she is disappointed that residents do not have a say in what is going on in The Villages.

Mayor Pro Tem Kussard replied that she researched the names in the phone book and online.

Commissioner Hannan stated that seats are by “first come, first served”. He stated the argument is with the developer.

Erin Kellert of 1012 Aloha Way in Lady Lake requested that the agenda of the November 2nd meeting be rearranged to have these issues with the developer presented first as she is bringing a large group of elderly residents with her to that meeting.

Mayor Pro Tem Kussard replied that she will not be able to do that. She suggested that a spokesperson for the group be appointed and the spokesperson would be given 5 minutes to speak.

Bill Vane of 1520 E. Schwartz Blvd. in Lady Lake began to comment about a retention area on E. Schwartz Blvd., but he was reminded that comments should pertain only to the issues on the agenda.

I. Town Manager's Report

Interim Town Manager Thad Carroll reminded everyone that the tree raffle is scheduled to be held at 5:30 p.m. on October 19th. Entries (one per household for residences located in Lady Lake) are being accepted in the Clerk’s Office through October 8th.

J. Mayor and Commissioner's Report

Mayor Pro Tem Kussard asked if any of the Commissioners had anything to report.

Commissioner Hannan stated that the Commissioners must uphold the Sunshine Law. He stated he is planning to file a complaint with the Ethics Commission regarding an email that Commissioner Vincent sent to Commissioner Hannan.

Commissioner Vincent stated that if he broke the rules, he would take the consequences. He asked the Town Attorney for his opinion.

Mr. Schroth replied he cannot take sides as he represents the Commission as a whole.

K. Public Comments

Mayor Pro Tem Kussard asked if there were any comments from the audience.

Patsy Oburn of 1524 Cervantes Place (Sumter County) stated her appreciation that the Planning and Zoning Board members listened to concerns expressed at their last meeting. She commented on Commissioner Hannan’s reported remarks regarding being embarrassed by the events that occurred at the September Planning and Zoning Board meeting. She voiced her concern whether residents will be heard by the Commission regarding the Spanish Springs Town Square.

Suzanne Charneski of 2010 Salinas Ave. stated she hopes the Commission will act with decorum when these ordinances come back for a vote. She spoke against the proposed second floor apartments in Spanish Springs Town Square.

Barbara Dilaura of 1102 San Antonio Lane (Sumter County) stated her opposition to apartments in Spanish Springs.

Chris Briggi of 522 Sevilla Place in Lady Lake voiced his concern over second floor apartments. He stated he does not see where any written verbiage regarding second floor in the documents for this evening.

Mr. Carroll responded that the language was stated on the record at the Planning and Zoning Board meeting that the developer intended second floor, but before the ordinance goes for a final reading, the developer will go on record that this will only pertain to the second floor of those buildings and the third floor on the La Reyna Building. He stated the language can be amended prior to first reading.

Evelyn Krawczyk of 1101 Presa Place (Sumter County) asked why there is a land conversion table regarding single family homes included in the ordinance.

Mr. Carroll replied the land conversion table was included by the developer, however the map in the prepared ordinance only concerns the four block area of the square. He stated any requests for conversion other than the four blocks depicted in those maps would have to come back before the Town Commission.

Erin Kellett of 1012 Aloha Way asked if the Town will have enough seats for 50 people for the next meeting if she were to come early.

Mayor Pro Tem Kussard replied that seats are not reserved and reiterated that there will be social distancing and seating is based on first come, first served.

It was also noted by the Deputy Town Clerk that the doors are only opened 30 minutes prior to the meeting.

Pat Murphy of 1410 Juarez Place (Sumter County) asked why the doors were opened early today.

Mr. Carroll replied that a court reporter was allowed in early to set up her equipment for this meeting.

Suzanne Charneski of 2010 Salinas Avenue and 904 Ramos Dr. asked whether it will set a precedent if apartments are allowed in this area.

Mayor Pro Tem Kussard stated that this ordinance pertains to four blocks in the Spanish Springs Town Square, including seven apartments over Katie Belles.

Someone in the audience asked if this can be guaranteed.

Commissioner Kussard stated that she emailed Mr. Dzuro and he replied that the maximum number of apartments in all of Spanish Springs would be approximately 45 if all four areas were developed.

Mr. Carroll reiterated that these ordinances only pertain to those four blocks. He stated that it would be best if these questions were asked when the developer is present to answer them.

Evelyn Krawczyk of 1101 Presa Place stated it would be beneficial if there were more of an explanation of what is included in the ordinances before they come back before the Commission. She stated it may make the November meeting much simpler.

Erin Kellett of 1012 Aloha Way asked if there will be designated parking spots for the apartments.

Mayor Pro Tem Kussard replied that this will be a question for the developer.

Commissioner Hannan stated that prior to 2005, the Town had a Code Enforcement Board rather than a Special Magistrate. He stated this was discussion, and at a meeting on May 19, 2005, the Town decided to go with a Special Magistrate instead.

L. Adjourn

There being no further business, the meeting was adjourned at 6:57 p.m.

___________________________
Nancy Slaton, Interim Town Clerk

___________________________
Ruth Kussard, Mayor Pro Tem

Minutes transcribed by Nancy Slaton, Deputy Town Clerk