Commission Meeting Minutes

Commission Meeting Minutes of the February 19, 2020 6 p.m.

The 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.

A. Call to Order

Mayor Jim Richards

B. Invocation

By Reverend Kerry Edwards of the Lady Lake United Methodist 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) YES

STAFF PRESENT

Kris Kollgaard, Town Manager; Derek Schroth, Town Attorney; Thad Carroll, Growth Management Director; C.T. Eagle, Public Works Director; Mike Burske, Parks and Recreation Director; Pam Winegardner, Finance Director; Chief Rob Tempesta and Lt. Nelson Vargas, Lady Lake Police Department; and Carol Osborne, Staff Assistant to the Town Clerk

E. Public Comment

Mayor Richards asked if anyone had any comments. There were no comments.

1. Minutes — February 3, 2020 — Regular Commission Meeting

2. Consideration of Approval for New Song Community Church of Lady Lake to Host Easter Sunday Sunrise Services at Veterans/Log Cabin Park on April 12, 2020 (Mike Burske) (The background summary for this agenda item is on file in the Clerk’s Office.)

3. Consideration of Approval to Invest $5,000.00 from the Tree Bank to Hold the Annual Tree Raffle for Lady Lake Residents (Mike Burske) (The background summary for this agenda item is on file in the Clerk’s Office.)

4. Conveyance of Sewer, Water, and Reuse Infrastructure from Green Key Village, LLC to the Town of Lady Lake for Improvements Constructed within Green Key Village Phase 3 Replat — Located at 1298 Fiesta Key Circle (Thad Carroll) (The background summary for this agenda item is on file in the Clerk’s Office.)

5. Conveyance of Sewer, Water, and Reuse Infrastructure from Green Key Village, LLC to the Town of Lady Lake for Improvements Constructed within Green Key Village Phase 4 — Located at 1298 Fiesta Key Circle (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 questions regarding the consent items, and hearing none, asked for a motion.

Commissioner Hannan made a motion to approve Consent Items F-1 through F-5. Commissioner Vincent seconded the motion. The motion passed by a vote of 5 to 0.

G. Old Business

No old business.

H. New Business

6. Consideration of Approval to Invest up to $2,500.00 in Sod and Plant Material for the Butterfly Garden at Heritage Park (Mike Burske)

Parks and Recreation Director Mike Burske 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. There were no questions or comments.

Commissioner Holden made a motion to approve investing up to $2,500 in sod and plant material for the Butterfly Garden at Heritage Park. Commissioner Vincent seconded the motion. The motion passed by a vote of 5 to 0.

7. Discussion and Direction on How to Invest the $120,000 Budgeted for the Pyramid Park Playground (Mike Burske)

Parks and Recreation Director Mike Burske presented the background summary for this agenda item (on file in the Clerk’s Office).

Commissioner Kussard stated the poured rubber mat will not last more than ten years.

Ms. Kollgaard stated this material will also harden due to sun exposure and any portion that hardens will need to be replaced.

Mr. Burske stated because of prolonged sun exposure, the playground representatives estimate the material will last approximately seven years.

Mayor Richards asked if there is a cost difference between the red rubber mulch and the black rubber mulch.

Mr. Burske stated there is not a big price difference between red and black rubber mulch.

Commissioner Hannan asked Mr. Burske for his recommendation.

Mr. Burske stated he recommends the rubber mulch ground cover. However, there are several articles online regarding toxins from roads leaching into the tires prior to recycling. Therefore, many communities use wood chips for their playgrounds and there are concerns with wood chips as well. Because he has received several phone calls regarding the risks of rubber mulch, he recommends purchasing wood chips.

Commissioner Kussard stated that many residents have told her that their children’s clothes get very dirty by the rubber mulch on the playground. She stated that she prefers spending more money on playground equipment rather than ground cover. She stated that she prefers wood chips because they are inexpensive to replace.

Commissioner Hannan stated that he would like to have a workshop on this project.

Mayor Richards stated that he does not want to delay Mr. Burske installing the playground equipment. He suggested including an addendum to the plan of the cost of wood chips versus rubber mulch. He stated after reading the information that rubber mulch has been cleaned extensively, he prefers purchasing that as ground cover. He stated wood chips is constant maintenance and children can get splinters.

Commissioner Hannan verified with Mr. Burske that area floods during a heavy rainstorm.

Commissioner Kussard asked Mr. Burske the cost difference between wood chips and rubber mulch.

Mr. Burske stated the rubber mulch would cost approximately $10,000; wood chips will be approximately $5,000.

Commissioner Holden stated he is in favor of the wood chips and asked Mr. Burske if they are difficult to maintain.

Mr. Burske stated that staff has had to regrade the rubber mulch after a hard rain and believes wood chips will also need to be regraded.

Commissioner Kussard asked Mr. Burske if he could build up the boarder to help contain the wood chips.

Mr. Burske stated that he will be raising the border. He suggested to purchase the wood chips and if after a year it is evident that this is not an effective ground cover, he will come back to the commission with another option.

Mayor Richards asked if there were any questions or comments from the Commissioners. Hearing none, he asked for a motion.

Commissioner Holden made a motion to approve purchasing wood chips using the $120,000 budgeted for Pyramid Park. Commissioner Vincent seconded the motion. The motion passed by a vote of 4 to 1 (Hannan).

I. Town Attorney's Report

8. Ordinance 2020-02 (First Reading) — An Ordinance Renewing the Franchise Agreement with Duke Energy (Pam Winegardner)

Town Attorney Derek Schroth read the ordinance by title only.

Finance Director Pam Winegardner 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. Hearing none, he asked for a motion.

Upon a motion by Commissioner Kussard and a second by Commissioner Holden, the Commission approved the first reading of Ordinance 2020-02 by the following roll call vote:

Commissioner Present
Hannan YES
Kussard YES
Holden YES
Vincent YES
Richards YES

J. Town Manager's Report

9. Consideration of One Reappointment to the Planning and Zoning Board (Kris Kollgaard)

Town Manager Kris Kollgaard gave the background summary for this agenda item (on file in the Clerk’s Office). She noted that there are no new applications to consider and there will still be a vacancy on this board.

Commissioner Kussard made a motion to approve the reappointment of Regis LeClerc. Commissioner Holden seconded the motion. The motion passed by a vote of 5 to 0.

10. Consideration of One Reappointment to the Parks, Recreation and Tree Advisory Committee (Kris Kollgaard)

Town Manager Kris Kollgaard gave the background summary for this agenda item (on file in the Clerk’s Office). She noted that there are no new applications to consider and there will still be a vacancy on this committee.

Commissioner Kussard made a motion to approve the reappointment of Betty Cantelmo. Commissioner Hannan seconded the motion. The motion passed by a vote of 5 to 0.

Ms. Kollgaard reported that she received a response from Ms. Taylor regarding the Town’s offer to purchase her property. She explained that Ms. Taylor is satisfied with $8,000 for the property, however, she is insist on the Town putting up a new fence. Ms. Kollgaard stated that the estimated cost of the fence is $3,000.

Mayor Richards verified with Ms. Kollgaard that the total cost for the parcel and the fence would be approximately $11,000.

Mayor Richards asked if there were any comments.

Commissioner Kussard stated that she is opposed to the gate. She stated that the Town made an offer and feels that Ms. Taylor is bartering.

Commissioner Holden asked if the fence would run parallel with the parcel the Town offered to purchase.

C.T. Eagle clarified the location of the fence would be parallel with the new road extension on the east side. He will clarify with Ms. Taylor that this is the only section of fence she is requesting.

Commissioner Hannan stated that he is not in favor of purchasing the fence.

Commissioner Holden verified with Mr. Eagle that the property interconnects with the street on the other side; he stated that he is in favor of purchasing the property and the Town putting up a fence.

Commissioner Vincent agreed.

Ms. Kollgaard stated it will be a much safer; for emergency vehicles especially.

Mayor Richards verified with Ms. Kollgaard that the property purchase, along with the fence specifications, will be presented to the commission when finalized.

Ms. Kollgaard clarified for the commission that the part time employees are eligible to earn wellness days and a safety day. These employees earn four hours; fulltime employees earn ten hours. The Town receives a reduction in the insurance premium by doing this because it advocates the health of our employees.

Ms. Kollgaard stated that Mr. Burske has discussed with her having a one-day July 4 celebration, concluding with fireworks. This would take place in 2021. She explained that they have discussed this with the fire marshal who verified that it can be done. She stressed that it would be expensive and would be included in the 2021 budget. She stated this would be held at the ball field on Clay Avenue; the fireworks will be in a restricted area and would be specifically skyrockets.

It is the consensus of the commission not to pursue this event.

Ms. Kollgaard stated Lake County advised her that they foreclosed on the property at 209 Longview Avenue; the mobile home on the property is condemned. She stated that she contacted Habitat for Humanity to see if they were interested in this property. Ms. Kollgaard explained that the county will convey the property to the Town at no cost, the Town will quit claim the property to Habitat for Humanity who will remove the structure at their cost and construct a habitat home.

It is the consensus of the commission to direct the town manager to move forward with this matter.

Ms. Kollgaard asked the commission if they are in favor of purchasing folding chairs to give to all of the volunteers at the volunteer dinner, at a cost of approximately $900, which is included in the budget.

It is the consensus of the commission to purchase 50 folding chairs for Town volunteers, at a cost of approximately $900.

K. Mayor and Commissioner's Report

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

Commissioner Kussard asked if the commissioners know of anyone who has been nominated for the Community Service Award. She stated there is a $75 fee to attend the award dinner and, if any of the commissioners attend, this should not be paid by the Town. None of the commissioners knew of anyone who has been nominated for this award.

Commissioner Vincent referred to an email on his cell phone from the Florida League of Cities regarding short-term rentals.

Commissioner Hannan stated that he believes using a cell phone at a Commission meeting is a violation of the Sunshine Law.

Ms. Kollgaard clarified that texting amongst commissioners during a meeting is violation; reading an email or information aloud from a cell phone is not a violation.

Commissioner Vincent stated he will not read from his cell phone. He stated that the state legislature is considering regulating short-term rental homes and if the legislation passes it will take home rule away from the Town. The Town will no longer be able to regulate short-term rentals and it will affect our zoning.

Mayor Richards stated short-term rentals has been a common practice in The Villages.

Mr. Schroth clarified that the state legislature will preempt all of the local regulations. The state will decide which short-term rentals are permitted and how they are regulated. The Town will lose all authority regarding short-term rentals.

Ms. Kollgaard stated many coastal cities passed ordinances preventing short-term rentals. Those ordinances will be void should this legislation pass.

Mr. Schroth clarified that Commissioner Vincent did not violate the Sunshine Law by reading information from his cell phone.

L. Public Comments

Mayor Richards 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 6:46 p.m.

___________________________

Kristen Kollgaard, Town Clerk

___________________________

Jim Richards, Mayor

Minutes transcribed by Carol Osborne, Staff Assistant to Town Clerk