Commission Meeting Minutes
Minutes of the September 8, 2021, 6 p.m. 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 Ruth Kussard presiding. The meeting convened at 6 p.m.
A. Call to Order
Mayor Ruth Kussard
B. Invocation
Mayor Kussard called for a moment of silence in lieu of the invocation as Reverend Tom Ash was unable to attend.
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, Growth Management Director; C.T. Eagle, Public Works Director; Mike Burske, Parks and Recreation Director; Pam Winegardner, Finance Director; Chief Robert Tempesta and Lieutenant Nelson Vargas, Lady Lake Police Department; Lori Sadler, Library Director; Tamika DeLee, Human Resource Director; and Nancy Slaton, Town Clerk
E. Proclamation
1. Constitution Week (Mayor Kussard/DAR Chapter Representative)
Mayor Kussard read the proclamation to be presented to the DAR Chapter representative at an upcoming meeting.
F. Public Hearing
2. Resolution 2021-108 (First and Final Reading) — Adoption of Tentative Millage Rate for Fiscal Year 2021—2022 (Pam Winegardner)
Finance Director Pam Winegardner presented the background summary for this agenda item and read the resolution by title (on file in the Clerk’s Office).
Mayor Kussard asked if there were any questions or comments from the Commissioners.
Mayor Kussard asked if there was any public comment on this resolution. There were no comments.
Commissioner Hannan made a motion to approve the tentative millage rate for Fiscal Year 2021-2022 at the previous year’s roll back rate of 3.2896. This motion failed for lack of a second.
Upon a motion by Commissioner Rietz and a second by Commissioner Holden, the Commission approved the first and final reading of Resolution 2021-108, adopting the tentative Fiscal Year 2021-2022 millage rate of 3.3962, by the following roll call vote:
| Commissioner | Vote |
| Hannan | NO |
| Kussard | YES |
| Holden | YES |
| Vincent | YES |
| Rietz | YES |
3. Ordinance 2021-16 (First Reading) — Adoption of Operating Budget for Fiscal Year 2021—2022 (Pam Winegardner)
Finance Director Pam Winegardner presented the background summary for this agenda item and read the ordinance by title only (on file in the Clerk’s Office). She reported on several adjustments that were made since the budget workshop.
Mayor Kussard asked if there were any questions or comments from the Commissioners or the public. There were no comments.
Upon a motion by Commissioner Holden and a second by Commissioner Rietz, the Commission approved the first reading of Ordinance 2021-16, adoption of the Fiscal Year 2021-2022 operating budget, by the following roll call vote:
| Commissioner | Vote |
| Hannan | YES |
| Kussard | YES |
| Holden | YES |
| Vincent | YES |
| Rietz | YES |
G. Consent
4. Minutes — August 16, 2021 — Commission Meeting
5. Consideration of Approval of the Fiscal Year 2021—2022 Holiday Schedule (Tamika DeLee) (The background summary for this item is on file in the Clerk’s Office.)
6. Consideration of Approval of the Town’s Covid Temporary Leave Policy (Tamika DeLee) (The background summary for this item is on file in the Clerk’s Office.)
7. Consideration of Approval to Increase the Fixed Asset Capitalization Threshold from $3,000 to $5,000 Starting October 1, 2021 (Pam Winegardner) (The background summary for this item is on file in the Clerk’s Office.)
8. Consideration of Approval of the Newly Drafted Town of Lady Lake Public Records Policy and Procedures (Nancy Slaton) (The background summary for this item is on file in the Clerk’s Office.)
9. Consideration of Approval for the Lady Lake Area Chamber of Commerce to Utilize the Town Logo for Display on Items for Purchase and as Needed to Market the Town (Mike Burske) (The background summary for this item is on file in the Clerk’s Office.)
Mayor Kussard asked if the Commissioners wanted any items pulled for discussion. She stated she would like to pull Item G-9 for discussion.
Commissioner Vincent stated he would like to pull Item G-6.
Commissioner Rietz motioned to approve Consent Items G-4, G-5, G7, and G-8. Commissioner Holden seconded the motion. The motion passed by a vote of 5 to 0.
Commissioner Vincent asked for clarification on the temporary Covid policy.
Human Resource Director Tamika DeLee stated per this policy, the Town will pay for the first 40 hours missed by an employee due to a Covid-related event.
Mr. Burske presented the background for Item G-9 and stated the President of the Chamber is present.
Mayor Kussard asked for clarification on Item G-9.She stated she is not in favor of anyone using the Town logo for profit, as that is why it was copyrighted. She asked for the other Commissioners’ opinion.
Commissioner Hannan stated the Mayor has raised a good point.
Commissioner Vincent stated he could see problems arising from this.
Vicki Kerley, President of the Chamber of Commerce, stated the purpose is to promote the Town, not to raise money.
Commissioner Hannan asked for the Town Attorney’s opinion on this.
Attorney Derek Schroth stated the Town had the Town’s logo trademarked approximately ten years ago after Commissioner Hannan noticed some people were using it and to prevent it. He stated it could set a precedent if they approved this request, although they could approve revocable requests on a case-by-case basis.
Mayor Kussard asked for a motion for the two Consent items that were pulled for discussion.
Commissioner Vincent motioned to approve Consent Item G-6. Commissioner Holden seconded the motion. The motion passed by a vote of 5 to 0.
Commissioner Hannan motioned to deny Consent Item G-9. Commissioner Vincent seconded the motion. The motion to deny passed by a vote of 5 to 0.
H. New Business
10. Lady Lake Commons — Final Commercial Plat — Proposing a Plat of Five Commercial Lots and Three Tracts on an 18.52-Acre Parcel Zoned Heavy Commercial (HC), Located West of County Road 25, South of Fennell Boulevard, and Northeast of Highway 27/441, within Lake County, Florida (Thad Carroll)
Growth Management Director Thad Carroll presented the background summary for this item.
Mayor Kussard asked if there were any questions or comments from the Commissioners.
Commissioner Holden motioned to approve the Lady Lake Commons — Final Commercial Plat. Commissioner Hannan seconded the motion. The motion passed by a vote of 5 to 0.
11. Consideration of an Appointment to the Town of Lady Lake’s Planning and Zoning Board (Nancy Slaton)
Town Clerk Nancy Slaton presented the background summary for this item.
Mayor Kussard asked if there were any applicants in the audience who wished to speak.
Edward Regan introduced himself as living in the Lady Lake town center area. He reported on his experience and background; stating he is president of his association which is comprised of 46 units.
Dorilynn Furch introduced herself and stated she has a background in real estate and is very interested in the planning for this community.
Mayor Kussard asked if there were any questions or comments from the Commissioners.
The Clerk asked the Commissioners to mark their voting sheets by selecting one applicant, then pass them down for tallying. After collecting the voting sheets, the Clerk reported the voting results as follows: Commissioner Hannan voted for James Boss; Commissioner Rietz voted for Dorilynn Furch; Commissioner Holden voted for Lynn Regan; and Commissioner Vincent and Mayor Kussard voted for Edward Regan.
The votes were tallied by the Town Clerk and Edward Regan was chosen to fill the vacancy on the Planning and Zoning Board by a majority vote of two.
12. Consideration of an Appointment of a Commissioner and an Alternate to the Town of Lady Lake Canvassing Board Required this Year for the November 2, 2021 General Election (Nancy Slaton)
Town Clerk Nancy Slaton presented the background summary for this item.
Mayor Kussard asked if there were any questions or comments from the Commissioners.
Commissioner Vincent made a motion to appoint Commissioner Rietz as a member of the Town of Lady Lake Canvassing Board for this year’s election. Commissioner Holden seconded the motion, and it passed by a vote of 5 to 0.
Commissioner Holden volunteered to act as an alternate member of the Town of Lady Lake Canvassing Board for this year’s election. The Commissioners were in favor of this by a consensus vote of 5 to 0.
I. Town Attorney's Report
13. Ordinance 2021-09 (First Reading) — Small Scale Comprehensive Plan Amendment — Linden Street Development, LLC — Change from Manufactured Homes High Density (MH-HD) to Commercial General – Retail Sales & Services (RET) for Approximately 22.29 Acres Owned by J.T. Beahan IV; Referenced by Alternate Key 1771421, within Lake County, Florida (Thad Carroll)
Town Attorney Derek Schroth read the title of the ordinance.
Growth Management Director Thad Carroll presented the background summary for this ordinance.
Mayor Kussard asked if the Commissioners or anyone from the public had any comments or questions. Hearing none, she asked for a motion.
Upon a motion by Commissioner Hannan and a second by Commissioner Rietz, the Commission approved the first reading of Ordinance 2021-09, by the following roll call vote:
| Commissioner | Vote |
| Hannan | YES |
| Kussard | YES |
| Holden | YES |
| Vincent | YES |
| Rietz | YES |
14. Ordinance 2021-10 (First Reading) — Rezoning — Linden Street Development, LLC — Redesignating Zoning Classification from Manufactured Homes High Density (MH-9) and Heavy Commercial (HC) to Planned Commercial (CP) for Approximately 27.82 Acres Owned by J.T. Beahan IV; Referenced by Alternate Key Number 1771421, within Lake County, Florida (Thad Carroll)
Town Attorney Derek Schroth read the title of the ordinance.
Growth Management Director Thad Carroll presented the background summary for this ordinance.
Mayor Kussard asked if the Commissioners or anyone from the public had any comments or questions. 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 2021-10, by the following roll call vote:
| Commissioner | Vote |
| Hannan | YES |
| Kussard | YES |
| Holden | YES |
| Vincent | YES |
| Rietz | YES |
15. Ordinance 2021-12 ( First Reading) — An Ordinance Amending Chapter 2, Article VI, Division 3 of the Town of Lady Lake Code of Ordinances; Deleting and Replacing Ordinance 2020-10 in its Entirety; Reassigning the Management of the Town’s Community Building to the Town’s Parks and Recreation Department; Setting Forth New Procedures for the use of the Town’s Community Building and Library Meeting Rooms (Mike Burske)
Town Attorney Derek Schroth read the title of the ordinance.
Parks and Recreation Director Mike Burske presented the background summary for this ordinance.
Mayor Kussard asked if the Commissioners or anyone from the public had any comments or questions.
Edward Regan of Spanish Springs town center commented that police enforcement would be a good idea if alcohol is allowed.
Mr. Burske reiterated that the renter of the community building would have to hire a Lady Lake Police officer at $35 per hour if alcohol will be on premises during their event.
Upon a motion by Commissioner Holden and a second by Commissioner Hannan, the Commission approved the first reading of Ordinance 2021-12, by the following roll call vote:
| Commissioner | Vote |
| Hannan | YES |
| Kussard | YES |
| Holden | YES |
| Vincent | YES |
| Rietz | YES |
16. Resolution 2021-107 (First and Final Reading) — Variance — Lynk Investments, LLC —Granting a Request to Remove 18 Historic Trees in Accordance with the Provisions of Chapter 10, Section 10-5. C). 3). A)., of the Town of Lady Lake Land Development Regulations, on Property Located at 41101 and 41109 County Road 25, Referenced by Alternate Keys 1237718 and 1237734 (Thad Carroll)
Town Attorney Derek Schroth read the title of the resolution.
Growth Management Director Thad Carroll presented the background summary for this resolution. He stated the arborist and the owner of the property are present if there are any questions.
Mayor Kussard asked if the Commissioners or anyone from the public had any comments or questions.
Commissioner Hannan stated that removing 17 historic trees is unprecedented. He stated he is against it.
Commissioner Rietz asked if this design could be modified to save more trees.
Commissioner Holden commented that Florida is slowly becoming a desert due to development; he stated he hates to see the trees removed.
Mayor Kussard read over the arborist’s report. She stated the developer will be saving 32 historic trees. She stated the Town must give some leeway so that the owner can develop his property.
Commissioner Vincent stated that he and Mr. Freeman met with Michael Wood regarding this development, and they are concerned that Griffin Avenue will be overtaxed with this development near Water Oak. He stated that intersection is going to be bad, and the county needs to be informed, and impact fees need to be raised. Commissioner Vincent stated he would also like to see them try to save more trees.
Mayor Kussard asked the Town Attorney to confirm that impact fees can only be raised so much each year.
Mr. Schroth agreed that the state has imposed a cap on how much impact fees can be raised.
Mr. Carroll provided information that impact fees can only be raised as much as 12.5% a year, 25% over a two-year period, and they have to be established one year at a time, or increased by 50% over a four-year period. He stated the Town is part of an impact fee district in the county which includes Fruitland Park and Leesburg.
Yolando Buchanan of Dowling Circle stated the residents of Lakes of Lady Lake spoke with the developer, Mr. Valentine, today. He reassured them that the tree on their property will remain. Residents of the subdivision requested that a tree that is near the property line be saved and that the fence to be erected on the north side be a brown fence rather than a white fence. She stated they had a nice talk with Mr. Valentine.
Steven Valentine introduced himself as the applicant. He stated they will make every effort to save trees, including one near the retention pond. He reported they will be putting in a turn lane and a deceleration lane, and their facility will have little impact on traffic. Mr. Valentine stated that they will do extensive planting and will donate $82,000 to the Town’s tree bank. He noted they have brought forth a much greener project than previously proposed, and there will be no drive-up facilities or nighttime use. Lighting has been planned to be considerate to neighboring properties. Mr. Valentine stated they will improve the Town’s tax base by $10,000,000. He noted there will be nice landscaping at the entrance off of CR 25.
Commissioner Rietz asked what percentage of the 17 trees being removed are unhealthy.
Suzanne Stancil, landscape architect, noted that the pictures in the packet are of the non-viable trees, and show that there are a lot of dead, diseased, and decaying trees on the property. They do not depict the 17 trees requesting to be removed.
Mayor Kussard asked if there were any further comments, and hearing none, asked for a motion.
Commissioner Holden motioned to approve the first and final reading of Resolution 2021-107. There was no second and the motion failed.
Mr. Schroth asked the Commissioners if they would like to provide any direction to the applicant.
The Commissioners recommended that the developer try to develop a plan that saves more trees.
17. Resolution 2021-109 (First and Final Reading) – A Resolution Authorizing the Town to Join the State of Florida and Other Local Governments as a Participant in the Florida Memorandum of Understanding and Formal Agreements Implementing a Unified Plan Regarding Opioid Litigation (Bill Lawrence)
Town Attorney Derek Schroth read the title of the resolution.
Town Manager Bill Lawrence presented the background summary for this resolution.
Mayor Kussard asked if the Commissioners or anyone from the public had any comments or questions. Hearing none, she asked for a motion.
Upon a motion by Commissioner Hannan and a second by Commissioner Vincent, the Commission approved the first and final reading of Resolution 2021-109, by the following roll call vote:
J. Town Manager's Report
Town Manager Bill Lawrence announced that Tamika DeLee has been given the position of Human Resources Director after separation of the previous director. He congratulated Ms. DeLee on her promotion.
K. Mayor and Commissioner's Report
Mayor Kussard asked if any of the Commissioners had anything to report.
Commissioner Holden stated he agreed with Commissioner Vincent’s earlier comments about increasing the impact fees.
L. Public Comment
Mayor Kussard asked if there were any comments from the audience.
Yolando Buchanan of Lakes of Lady Lake asked that the Commission approve Mr. Valentine’s proposal when he comes back to the Commission as the residents of Lakes of Lady Lake are in favor of his development. She stated that they prefer his plan over anything else that may be developed on the property, such as an apartment complex.
Mayor Kussard thanked Ms. Buchanan for her comments.
Lynn Regan of Spanish Springs thanked the Commission for voting to retain commercial zoning in the square, as she is not in favor of residential zoning in the square.
M. Adjourn
There being no further business, the meeting was adjourned at 7:26 p.m.
s/ Nancy Slaton, Town Clerk
s/ Ruth Kussard, Mayor
Minutes transcribed by Nancy Slaton, Town Clerk
| Commissioner | Vote |
| Hannan | YES |
| Kussard | YES |
| Holden | YES |
| Vincent | YES |
| Rietz | YES |
J. Town Manager's Report
Town Manager Bill Lawrence announced that Tamika DeLee has been given the position of Human Resources Director after separation of the previous director. He congratulated Ms. DeLee on her promotion.
K. Mayor and Commissioner's Report
Mayor Kussard asked if any of the Commissioners had anything to report.
Commissioner Holden stated he agreed with Commissioner Vincent’s earlier comments about increasing the impact fees.
L. Public Comment
Mayor Kussard asked if there were any comments from the audience.
Yolando Buchanan of Lakes of Lady Lake asked that the Commission approve Mr. Valentine’s proposal when he comes back to the Commission as the residents of Lakes of Lady Lake are in favor of his development. She stated that they prefer his plan over anything else that may be developed on the property, such as an apartment complex.
Mayor Kussard thanked Ms. Buchanan for her comments.
Lynn Regan of Spanish Springs thanked the Commission for voting to retain commercial zoning in the square, as she is not in favor of residential zoning in the square.
M. Adjourn
There being no further business, the meeting was adjourned at 7:26 p.m.
s/ Nancy Slaton, Town Clerk
s/ Ruth Kussard, Mayor
Minutes transcribed by Nancy Slaton, Town Clerk