Commission Meeting Draft Minutes

Draft Minutes of the March 1, 2021, 6 p.m. Commission Meeting

The 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 Ruth Kussard presiding. The meeting convened at 6 p.m.

A. Call to Order

Mayor Ruth Kussard

B. Invocation

By Pastor Jon-Marc MacLean – Hope Lutheran Church

C. Pledge of Allegiance

D. Roll Call

Commissioner (Ward) Present
Hannan (Four) YES
Kussard (One) YES
Holden (Two) YES
Vincent (Three) YES
Rietz (Five) YES

STAFF PRESENT

Derek Schroth, Town Attorney; Thad Carroll, Interim Town Manager/Growth Management Director; C.T. Eagle, Public Works Director; Pam Winegardner, Finance Director; John Pearl, I.T. Director; Lori Sadler, Library Director; Becky Higgins, Development Coordinator; Chief Rob Tempesta, Deputy Chief Jason Brough, and Lt. Nelson Vargas, Lady Lake Police Department; and Nancy Slaton, Interim Town Clerk

E. Public Comment

Mayor Kussard asked if there were any comments from the audience. She introduced County Commissioner Josh Blake of District 5. He introduced Lake County’s new county manager, Alan Rosen.

Mr. Rosen spoke briefly, stating that he has been the new county manager for about three weeks. He stated it would benefit all to work together and he thanked the Commission for the opportunity to introduce himself.

Phil Mathias of Lakes of Lady Lake commented about traffic issues on Rolling Acres Road and asked how the proposed development on this agenda will affect it.

Growth Management Director Thad Carroll stated traffic will be addressed when the Meucci property item comes up later on the agenda.

David Sirdar of Fruitland Park spoke on several subjects of interest to himself.

F. Consent

1. Minutes — February 11, 2021 — Special Commission Meeting

2. Minutes — February 17, 2021 — Special (Conceptual) Commission Meeting

3. Minutes — February 17, 2021 — Commission Meeting (Special)

4. Minutes — February 18, 2021 — Special Commission Meeting

Mayor Kussard asked if there were any questions or comments from the Commissioners regarding the Consent items. There were no comments.

Commissioner Holden motioned to approve Consent Items F-1 through F-4. Commissioner Rietz seconded the motion. The motion passed by a vote of 5 to 0.

5. Consideration of Offer of Employment to William Lawrence for the Position of Town Manager (Derek Schroth)

Town Attorney Derek Schroth presented the background summary for this agenda item (on file in the Clerk’s Office). He stated that Mr. Lawrence is present in the audience this evening. Mr. Schroth stated Mr. Lawrence requested minor changes to the proposal the Commission authorized him to extend to him. Those changes include a request to live within 30 miles of Town Hall instead of living within the town limits; a reimbursement of up to $2,000 for IRS approved relocation expenses, and a $500 vehicle allowance or town vehicle.

Mr. Schroth polled the Commissioners to see if they were in consensus on the terms of the contract presented to Mr. Lawrence.

Commissioner Hannan stated he was confused at the last meeting where they were choosing the candidate and thought the Commissioners agreed to offer the Town Manager position to Mr. Marchant. He stated that when he was set straight by Mr. Schroth on February 19th that the position was being offered to Mr. Lawrence, he feels that Mr. Lawrence would have been satisfied with a lower salary than what was offered since it is a $47,000 increase over his present salary. With that in mind, Commissioner Hannan stated that he feels a vehicle allowance should be one dollar.

Commissioner Holden stated he feels the offer made to Mr. Lawrence is fair, although he feels a town vehicle should be issued with a credit card for gas or offer a vehicle allowance of $250.00 per month.

Commissioner Rietz was in agreement with the terms presented, although he would like to offer a town vehicle with a credit card for gas for driving on town business.

Commissioner Vincent was also in agreement with the terms, and for providing a town vehicle for the Town Manager’s use.

Mayor Kussard stated she would be in favor of assigning a vehicle or giving a mileage reimbursement in lieu of an allowance. She stated she is in favor of the other terms presented by Mr. Lawrence.

Commissioner Holden stated he would like to hear from Mr. Lawrence.

Mr. Lawrence stated the $500.00 a month vehicle allowance is fairly standard and that it was not an arbitrary number. He stated he would be agreeable to being issued a town vehicle but asked if it could be a take-home vehicle as he would most likely be called out at times.

Mayor Kussard asked if everyone was agreeable to this.

After discussion, the Commissioners agreed to offer Mr. Lawrence the Town Manager position at a salary of $120,000 yearly, with a two-year contract, and furnishing a town-owned vehicle to take home for his use on town business with a credit card for gas and expenses, as well as the other terms included in the contract as presented in the packet.

Mr. Lawrence was also agreeable to the terms noted above.

Interim Town Manager Thad Carroll verified that the town has a vehicle that could be outfitted for Mr. Lawrence’s sole use.

Public Works Director C.T. Eagle confirmed that the town has some surplus vehicles that came from the fleet that include Dodge Chargers and a Chevy Tahoe that are in good condition.

After further discussion, Mayor Kussard asked for a motion.

Commissioner Holden motioned to approve the offer of the Town Manager position to Mr. William Lawrence with the contract terms amended as discussed. Commissioner Vincent seconded the motion. The motion passed by a vote of 5 to 0.

Mr. Schroth stated that he will make the changes to the contract this evening, and asked Mr. Lawrence to sign the amended contract before he leaves this evening so that it could be expedited.

I. Town Attorney's Report

6. Ordinance 2021-01 (First Reading) — Annexation — Triston Gustavo Meucci Life Estate, Shirley H. Meucci, and Louis Meucci Trustee — Annexing Approximately 269.15 Acres Located South of County Road 466 and East of Cherry Lake Road in Lake County, Florida; Referenced by Alternate Key Numbers 1279810, 3325451, 1279801, 1770700, 1279828, and 1279780 (Thad Carroll)

Town Attorney Derek Schroth 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 Kussard 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 first reading of Ordinance 2021-01 by the following roll call vote:

Commissioner Vote
Hannan YES
Kussard YES
Holden YES
Vincent YES
Rietz YES

7. Ordinance 2021-01 (First Reading) — Annexation — Triston Gustavo Meucci Life Estate, Shirley H. Meucci, and Louis Meucci Trustee — Annexing Approximately 269.15 Acres Located South of County Road 466 and East of Cherry Lake Road in Lake County, Florida; Referenced by Alternate Key Numbers 1279810, 3325451, 1279801, 1770700, 1279828, and 1279780 (Thad Carroll)

Town Attorney Derek Schroth 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 Kussard 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 first reading of Ordinance 2021-01 by the following roll call vote:

Commissioner Vote
Hannan YES
Kussard YES
Holden YES
Vincent YES
Rietz YES

8. Ordinance 2021-03 (First Reading) — Rezoning — Triston Gustavo Meucci Life Estate, Shirley H. Meucci, and Louis Meucci Trustee — Change from Lake County Agriculture and Planned Unit Development to Town of Lady Lake Planned Unit Development-Mixed Use PUD for Approximately 269.15 Acres Located South of County Road 466 and East of Cherry Lake Road in Lake County, Florida; Referenced by Alternate Key Numbers 1279810, 3325451, 1279801, 1770700, 1279828, and 1279780 (Thad Carroll)
Town Attorney Derek Schroth 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 Mr. Belliveau is available to answer any questions.

Mr. Belliveau addressed the fact that there is no access directly across from Spring Arbor; this change was made at the request of those residents. He stated there is no connectivity between their south and the north.
Mayor Kussard asked what would be built on the property next to the high tension wires.

Mr. Belliveau replied that those are the villas as there was not much space between the towers and Cherry Lake Road. He noted that access to Rolling Acres Road on the east side was negated as requested as well.

Mayor Kussard stated she had some comments on her previous discussions regarding development of this property, including her dislike of apartments versus single family homes. She expressed her disappointment that the current plans show that multi-family units have increased by 61 units overall, with a reduction in single family homes. Mayor Kussard requested that several items which have been promised by the developer be brought forward at site plan; to include no intrusive lighting from this development shining on existing residential houses and single family one story homes only being built on the eastern-most portion of the development so as not to be intrusive to neighboring subdivisions. She confirmed with Mr. Belliveau that none of the housing will be subsidized.

Mayor 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 first reading of Ordinance 2021-03 by the following roll call vote:

Commissioner Vote
Hannan YES
Kussard YES
Holden YES
Vincent YES
Rietz YES

9. Resolution 2020-112 — First and Final Reading — Tabled from February 1, 2021 — Sun Water Oak Expansion LLC & Sun Communities Finance LP — Pursuant to Chapter 5, Section 5-4).h).7).D).1).d)., a Variance Request to Reduce Front Yard Setback from 25 Feet to 20 Feet for Residential Structures within the Water Oak Hilltop Expansion Phases 1-5 Development Proposed South of Griffin Avenue and East of the Water Oak Country Club Estates, Referenced by Alternate Keys 1238111, 1770483, and 1238277 (Thad Carroll)

Town Attorney Derek Schroth stated it is his understanding that the applicant has requested a continuance on Resolutions 2020-112 and 2020-113.

Mayor Kussard confirmed that the applicant has requested that these two resolutions be tabled to a date certain, March 15, 2021. She stated Sun Communities delivered a letter to the president of the homeowners’ association of Water Oak on February 19, 2021, outlining four items that the HOA board felt needed to be addressed in order for them to support Sun Communities’ request for the variances for the Hilltop expansion in Water Oak. Sun Communities is requesting more time to be able to negotiate terms with the HOA.

Mayor Kussard asked for a separate motion for each resolution to table them to the March 15th Commission meeting.

Commissioner Vincent stated he believes the Commission needs to hear the other side first.

Mayor Kussard reiterated that she would like to hear motions first.

Upon a motion by Commissioner Hannan and a second by Commissioner Rietz, the Commission approved to table the first and final reading of Resolution 2020-112 to the March 15, 2021 meeting by the following roll call vote:

Commissioner Vote
Hannan YES
Kussard YES
Holden YES
Vincent NO
Rietz YES

10. Resolution 2020-113 — First and Final Reading — Tabled from February 1, 2021 — Sun Water Oak Expansion LLC & Sun Communities Finance LP — Pursuant to Chapter 15, Article II). Section 15-52).D).3), a Variance Request to Allow the Construction of Internal Private Roads within the Water Oak Hilltop Expansion Phases 2 through 5 to be 20-Foot Paved Roads to Keep Consistency with the Construction and Layout of the Existing Water Oak Country Club Estates, Referenced by Alternate Keys 1238111, 1770483, and 1238277 (Thad Carroll)

Mayor Kussard asked for a motion to table this resolution to the March 15, 2021 meeting. She stated she understands there are a number of Water Oaks residents that may want to comment, and she will allow that in the public comments portion of the meeting.

Upon a motion by Commissioner Hannan and a second by Commissioner Rietz, the Commission approved tabling the first and final reading of Resolution 2020-113 to the March 15, 2021 meeting by the following roll call vote:

Commissioner Vote
Hannan YES
Kussard YES
Holden YES
Vincent NO
Rietz YES

J. Town Manager's Report

Interim Town Manager Thad Carroll reported that he sent an email to the Town Attorney regarding information he received that a group on the internet has been using the Town’s logo. He wondered if they should be advised that this was a copyright infringement. Mr. Schroth advised that this matter be brought before the Commission for a consensus.

Mr. Schroth stated that the Town trademarked its logo and the Town has the right to enforce that trademark. The website using the Town’s logo is called “Lady Lake Word of Mouth”, and he can send a letter asking them to stop using the logo.

Commissioner Hannan stated they are also using photos of the Town’s water tower.

Mr. Schroth stated the Town can ask them to remove any items that make it appear that the Town has permitted it.

It was the consensus of the Commission to have Mr. Schroth send a letter asking them to stop using any Town of Lady Lake references on their website.

K. Mayor and Commissioner's Report

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

Mayor Kussard stated she would like to address an issue that has come up at the last couple of Commission meetings. She stated there has been a total lack of respect shown in the Commission Chambers, which has been appalling at times. She stated that the Commissioners do not always have to agree with one another or even like one another, however the Commissioners need to be professional. Mayor Kussard stated she was also surprised to hear from a number of residents regarding this issue.

Mayor Kussard stated the Commissioners’ jobs are to represent all residents of Lady Lake to the best of their ability and no one should ever be verbally harassed, criticized, shouted at, or intimidated. The atmosphere at the meetings, at times, has created a toxic and hostile work environment. She stated that the other Commissioners have appointed her as Mayor and she will control the meetings. She warned that if a Commissioner cannot be respectful, she will call them out.

L. Public Comments

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

Gordon Kennedy of 2615 Madeira Court, Lady Lake, stated he is the president of the Woodgate HOA, which is on the south side of the Water Oak development. He stated they have some concerns about this development; there is currently an open pit of dirt behind their homes and they are being affected by these delays. He submitted a letter to the Clerk to be circulated to the Commissioners regarding their concerns.

M. Adjourn

There being no further business, the meeting was adjourned at 7:10 p.m.

___________________________
Nancy Slaton, Interim Town Clerk

___________________________
Ruth Kussard, Mayor

Minutes transcribed by Nancy Slaton, Interim Town Clerk