Commission Meeting Minutes
Minutes of the October 19, 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
A moment of silence was observed in lieu of an invocation as Father Ed Waters of St. Timothy Catholic Church 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) | NO |
STAFF PRESENT
Derek Schroth, Town Attorney; Thad Carroll, Interim Town Manager/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, Lady Lake Police Department; Maureen Gochee, Human Resource Director; Wendy Then, Senior Planner; and Nancy Slaton, Interim Town Clerk
E. Public Comment
Mayor Pro Tem Kussard asked if there were any comments from the audience.
David Sirdar of 66 Wintergreen Drive in Fruitland Park stated he was sorry to hear the Mayor was ill and unable to attend tonight. He expressed his concerns about various issues including the upcoming election.
Vance Jochim of 12619 Milwaukee Avenue, Tavares, stated he is a tax advocate and writes a blog called FiscalRangers.com, and has been doing this around the county for 15 years. He suggested that the Town consider making videos of their Commission and Planning & Zoning meetings and put them online. He gave the Town kudos on having the second lowest millage rate in the county, but noted the Town did not go to the roll-back rate this year. Mr. Jochim stated he reviewed the PACE program three years ago when it went to the county, and he shared that there are a lot of PACE lawsuits and Better Business complaints regarding this program. He stated it is basically a sub-prime lending program for people unable to get normal credit. He stated he will send the Commissioners an overview of the issues that come up regarding this program; mainly on the residential side.
F. Proclamation
1. Proclaiming November 1st, 2020 as “National Family Literacy Day” (Mayor Pro Tem Kussard)
Mayor Pro Tem Kussard read the proclamation proclaiming November 1st as National Family Literacy Day in Lady Lake as requested by the American Legion Daughters of the American Revolution.
G. Consent
2. Minutes — September 29, 2020 — Special (Conceptual) Commission Meeting
3. Minutes — October 5, 2020 — Regular Commission Meeting
4. Consideration to Approve Moving the Tuesday Farmers Market to the Rolling Acres Sports Complex Upper Soccer Field Area During Construction on Highway 27/441 (Mike Burske) (Background Summary on file in the Clerk’s Office.)
5. Consideration of Approval to Appoint Mr. Frank Frontario (Currently an Alternate) as a Member of the Disciplinary Arbitration Panel to Complete Mr. James Johnson’s Term which Expires 6/2021 (Maureen Gochee) (Background Summary on file in the Clerk’s Office.)
6. Conveyance of Water, Sewer, and Reuse Utility Lines Extension Improvements from Lake Sumter Partners, Ltd to the Town of Lady Lake for Offsite Improvements Constructed along Highway 466 for the Lake Sumter Apartments Homes Development located at the Southwest Intersection of Highway 466 and Cherry Lake Road (Alternate Key 3538951)(Thad Carroll) (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 Hannan motioned to approve Consent Items G-2 through G-6. Commissioner Holden seconded the motion. The motion passed by a vote of 4 to 0.
H. Old Business
I. New Business
7. Consideration of Approval of the Third Amendment to Agreement between the Town of Lady Lake and Waste Management Inc. of Florida (Pam Winegardner/Doug McCoy-Waste Management)
Finance Director Pam Winegardner presented the background summary for this agenda item (on file in the Clerk’s Office). She stated Doug McCoy of Waste Management is present to further explain the changes.
Mayor Pro Tem Kussard asked if there were any questions or comments from the Commissioners.
Commissioner Hannan clarified that there would only be one truck picking up both the recyclables and the garbage at the same time.
Mr. McCoy reviewed a PowerPoint presentation regarding this change. He noted that the waste and recyclables will be incinerated to produce energy in the form of electricity, and many of the metals are retrieved to be recycled. He also commented that emissions from Covanta’s smoke stacks are 90% better than the standards set by the EPA.
Commissioner Holden motioned to approve the Third Amendment to Agreement between the Town of Lady Lake and Waste Management Inc. of Florida. Commissioner Hannan seconded the motion. The motion passed by a vote of 4 to 0.
8. Consideration of Compensation for the Newly Appointed Interim Town Manager (Thad Carroll)
Commissioner Vincent asked to speak before this item was presented. He stated the Town has a lot of eggs in one basket by counting on Mr. Carroll only. He proposed that the Commission assign Mr. Tim Sullivan, former County Commissioner, as a temporary Town Manager for 90 days instead. Commissioner Vincent stated he thought it would help alleviate the load for Mr. Carroll until a new Town Manager is selected.
Commissioner Hannan stated this was quite out of the ordinary. He stated with all due respect to Mr. Sullivan, he does not believe the Commission should deviate from the process.
Mayor Pro Tem stated that the Commission has selected Mr. Carroll as Interim Town Manager and they are in the process of looking for a new Town Manager. She stated the agenda item to be discussed this evening is a salary adjustment or compensation for Mr. Carroll while he is taking on this role. She suggested a monthly increase to his current salary of somewhere between $1,500 and $1,800.
Commissioner Holden asked what percentage of an increase that is to his current salary.
Commission Hannan stated that the Commission had previously suggested a 10% increase.
Commission Holden stated he thought it was between 5% and 10%.
Mr. Carroll stated that the Town’s current policy sets forth that if an employee takes an interim position, they would be paid at that next highest pay grade’s base pay or 10%, whichever is greater. He stated there is no range set for the Town Manager position and that it is why it is coming before the Commission tonight. Mr. Carroll noted that $1,500 a month would equate to 17.4% of his current salary. If he served four to five months in this position, the time estimated to put a new Town Manager in place, it would equate to a mere 7.7% increase above his current salary. He stated he estimates a new Town Manager may be on board around March of 2021.
Commissioner Vincent stated his opinion that Mr. Carroll should be paid more than $1,500; he should get paid the same as the former Town Manager.
This was discussed before a motion was made.
Commissioner Hannan motioned to approve Compensation for the appointed Interim Town Manager in the amount of $1,500 per month on a monthly basis until a permanent Town Manager is appointed. Commissioner Holden seconded the motion. The motion passed by a vote of 3 to 1 (Vincent).
J. Town Attorney's Report
9. Resolution 2020-108 (First and Final Reading) — Tabled from Oct. 5, 2020 Meeting — 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)
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). He stated Mr. Dellebovi is present if there are any questions.
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 Hannan and a second by Commissioner Holden, the Commission approved the first and final reading of Resolution 2020-108 by the following roll call vote:
| Commissioner | Present |
| Hannan | YES |
| Kussard | YES |
| Holden | YES |
| Vincent | YES |
10. Resolution 2020-109 (First and Final Reading) — Tabled from Oct. 5, 2020 Meeting — 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)
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). He stated that Mr. Dellebovi is present if there are any questions.
Mayor Pro Tem Kussard asked if there were any questions or comments from the Commissioners or the public.
Commissioner Holden stated he would like to hear from Mr. Dellebovi regarding this project.
Martin Dellebovi of Benchmark Group stated his thoughts and prayers are with Mayor Richards, and he hopes his health gets better as he has enjoyed working with him these past 14 years. Mr. Dellebovi stated that he would like to see this project move forward as shown with the four stories for Building F which is adjacent to commercial properties and the retention pond and not affecting residential areas.
Commissioner Hannan asked if the elevator tower of Building F is above the four stories.
Mr. Dellebovi replied that the elevator tower is at 50 feet; thus, the variance request. He noted this is the only elevator tower for the entire project.
Commissioner Holden asked whether the green space was increased since the conceptual presentation.
Mr. Dellebovi replied that they have enhanced and tripled the size of the green space for this project.
Commissioner Vincent asked whether the Town Attorney is aware that the FAA is in litigation over Part 107 flying space for drones, and whether he had looked into whether the building height requirement ordinance took into account FAA requirements.
Mr. Schroth replied that he has not. He stated he can look into it.
Mr. Carroll stated that the Town does not typically have the FAA review building heights. He stated the measures put in place with the ordinance for building heights should help in this regard. He stated this variance is only for five feet above the 45 foot height restriction currently in place.
Mayor Pro Tem Kussard noted and confirmed with Mr. Carroll that the Sharon Morse Building in Spanish Springs town square is 67 feet.
Mayor Pro Tem Kussard asked if there were any comments or questions from the public, and hearing none, asked for a motion.
Upon a motion by Commissioner Holden and a second by Commissioner Hannan, the Commission approved the first and final reading of Resolution 2020-109 by the following roll call vote:
| Commissioner | Present |
| Hannan | YES |
| Kussard | YES |
| Holden | YES |
| Vincent | YES |
11. Resolution 2020-110 (First and Final Reading) — Tabled from Oct. 5, 2020 Meeting — 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)
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, and hearing none, asked for a motion.
Upon a motion by Commissioner Holden and a second by Commissioner Hannan, the Commission approved the first and final reading of Resolution 2020-110 by the following roll call vote:
| Commissioner | Present |
| Hannan | YES |
| Kussard | YES |
| Holden | YES |
| Vincent | YES |
K. Town Manager's Report
Interim Town Manager Thad Carroll stated that early voting is going on this week at the library, from October 19th through October 31st, from 10 a.m. to 6 p.m. He also noted that the Not Too Scary Halloween candy grab event will be occurring at the library on October 24th at 4 p.m. He noted that Literacy Day will also be observed at the library on November 1st.
L. Mayor and Commissioner's Report
Mayor Pro Tem Kussard asked if any of the Commissioners had anything to report.
Commissioner Hannan asked if the new equipment proposed for the Chambers will include video capability as mentioned by Mr. Jochim in his comments earlier this evening.
Mr. Carroll replied that he is not certain, but believes the new technology is for audio enhancements rather than video capability.
Commissioner Hannan stated he would like to have a Commission workshop regarding having a Special Magistrate in lieu of a Planning & Zoning Board to review site plans, proposed zoning amendments, conditional use permits, variances, special exceptions, etc. He stated he feels a Special Magistrate in place of the current board would be a more professional way to go. He stated other communities have done this.
Commissioner Holden, Commissioner Vincent, and Mayor Pro Tem Kussard were not in favor of this.
Commissioner Hannan stated he will take it upon himself to make it happen.
M. Public Comments
Mayor Pro Tem Kussard 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 7:04 p.m.
s/ Nancy Slaton, Interim Town Clerk
s/ Ruth Kussard, Mayor Pro Tem
Minutes transcribed by Nancy Slaton, Interim Town Clerk