Commission Meeting Minutes

Minutes of the December 20, 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 Jim Rietz presiding. The meeting convened at 6:00 p.m.

A. Call to Order

Mayor Jim Rietz

B. Invocation

By Reverend Matt Malott – New Life Christian Church

C. Pledge of Allegiance

D. Roll Call

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

Mayor Rietz announced that December 30, 2021 is Town Clerk Nancy Slaton’s last day.  She has worked for the Town of Lady Lake for ten years and has decided to retire. Mayor Rietz asked her up to the dais and presented her with a clock that included a plaque commemorating her many years of excellent service to the Town. Commissioner Kussard also spoke favorably about Nancy’s years of service.  She will be greatly missed, especially by those with whom she worked closely.

STAFF PRESENT

Attorney Sasha Garcia, in for Derek Schroth, Town Attorney; Bill Lawrence, Town Manager; Thad Carroll, Growth Management Director; C.T. Eagle, Public Works Director; Mike Burske, Parks and Recreation Director; Chief Robert Tempesta and Lieutenant Nelson Vargas, Lady Lake Police Department; Pam Winegardner, Finance Director; Nancy Wilson, Deputy Town Clerk, and Nancy Slaton, Town Clerk

1. Minutes — December 6, 2021 — Commission Workshop Meeting

2. Minutes — December 6, 2021 — Commission Meeting

3. Consideration of Approval of the Microsoft Enterprise License Agreement Renewal (John Pearl)

Mayor Rietz asked if the Commissioners had any questions regarding the consent items.

Commissioner Kussard asked to have the minutes from the December 6th Commission meeting removed from the Consent Agenda. She then motioned to approve consent items E-1 and E-3. Commissioner Holden seconded the motion. The motion passed by a consensus vote of 5 to 0.

From the Commission meeting minutes, Commissioner Kussard pointed out missing verbiage on page 6 of 14. Town Clerk Slaton stated that the minutes have already been modified to reflect the change.

Mayor Kussard motioned to approve the corrected minutes from the December 6, 2021 Commission meeting; Commissioner Hannan seconded the motion. The motion passed by a consensus vote of 5-0.

F. New Business

4. Consideration of Approval of the Contract to Purchase a Portion of the Property Owned by Tabitha Taylor at 105 Caroline Avenue; and Authorization for the Town Manager to Sign the Purchase Agreement on Behalf of the Town (C.T. Eagle)

Public Works Director C.T. Eagle presented the background summary for this agenda item. He stated that the Town had been negotiating with Tabitha Taylor for many years regarding the purchase of a portion of her property. The Town currently has a 25-foot utility easement on the property and the purchase would add an additional 15 feet. The creation of a 40-foot-wide right-of-way could be used for a roadway in the future. The Town will pay $8,000 for the purchase of land; $5,100 for the installation of a fence and all legal fees. A deed search and survey have been conducted to ensure clear title and to create a legal description.

Mayor Rietz asked if there were any questions by the Commissioners. There were no questions.  Someone from the audience did ask to speak.

Tracy Cisney – 440 S. Old Dixie Highway

Ms. Cisney stated that she had no previous knowledge regarding the sale of Ms. Taylor’s property and that creating a roadway would only make traffic worse; the area is not suited for through traffic.

Commissioner Kussard stated that Caroline Avenue has been a roadway twice in the past until such time as a fence was erected.

Public Works Director, C.T. Eagle, added that a resident placed a fence down the middle of the roadway sometime in the 1990’s where Town utilities are located.

Commissioner Kussard stated that the Town needs accessory roads and that this purchase has been in the works for a long time.

Mr. Eagle concluded by saying that about 50 trips a day, by local traffic, will be added.

Commissioner Hannan motioned to approve the contract to purchase a portion of the property owned by Tabitha Taylor and authorize the Town Manager to sign the purchase agreement. Commissioner Kussard seconded the motion. The motion passed by a consensus vote of 5 to 0.

G. Town Attorney's Report

5. Ordinance 2021-22 (Second and Final Reading) — Rezoning — for Property Being Approximately 6.62 Acres Owned by Randy Heimos Life Estate; Referenced by Alternate Key Numbers 1121612, 1584876, 2700416, and 3793334; within Lake County, Florida; Rezoning from Lady Lake Residential Professional (RP) To Lady Lake Planned Commercial (CP) (Thad Carroll)

Attorney Sasha Garcia read the title of the ordinance.

Growth Management Director Thad Carroll presented the background summary for this agenda item. The request is for the four parcels of land totaling 6.62 acres to be rezoned to Lady Lake Planned Commercial. The applicant provided a detailed conceptual plan for the site to be developed as a storage facility consisting of 39,024 square feet of enclosed storage building area; 34,422 square feet of covered storage area; a 600 square foot manager’s residence and a 600 square foot office. Included on the site will be an RV pump station. The proposed hours are from 8 a.m. to 5 p.m. with unattended 24-hour access to the facility for tenants. Further, the engineer agreed to change the MOA after working with property owners. These changes include prohibition of vehicle repair, welding, and shop activities; the facility is to be used for storage only. Also, the holding tank for the dump station will be serviced during normal business hours. The final change was to include vinyl fencing instead of chain link and increasing the length. Traffic impacts will be addressed at a later date.

Mayor Rietz asked if the Commissioners or public had any questions. Ms. Cisney asked to speak again.

Tracy Cisney – 440 S. Old Dixie Highway

Mr. Cisney stated that she knows the rezoning will be approved but she’s very concerned about her property value as her residence will be most impacted by the development. A roadway will be dangerous for children walking along it since it has been used for many years as a sidewalk. She hopes that ultimately a sidewalk will be included in future improvements.

Commissioner Kussard asked if there will be studies done regarding sidewalks. Mr. Carroll stated that a future project could include a sidewalk with the widening of the road. The road is narrow, and improvements would have to be coordinated with the property owner.

With no further discussion, Mayor Rietz asked for a motion.

Upon a motion by Commissioner Holden and a second by Commissioner Hannan the Commission approved the second and final reading of Ordinance 2021-22, by the following roll call vote:

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

6. Ordinance 2021-26 (Second and Final Reading) — Rezoning — for Nine Properties being Approximately 74 Acres Owned by Miguel Matos and Rosa Perez, James Hartson and Daphne Peters, Nicholas and Lark Capra, Waylon and Mandy Bibler, Joseph and Melissa Denham, Richard Rotondo, and The Di Scala Family Trust; Referenced by Alternate Key Numbers 2688360, 2688424, 2688483, 2688556, 1809347, 1282420, 3777509, 1282454 and 3793364; within Lady Lake, Florida; Rezoning Subject Properties from Lady Lake County Single-Family Medium Density (RS-6) to Lady Lake Agricultural Residential (AG-1) (Thad Carroll)

Attorney Sasha Garcia read the title of the ordinance.

Growth Management Director Thad Carroll presented the background summary for this agenda item. In 2007, 150 acres were annexed into the Town of Lady Lake to establish entitlements for the development of a subdivision. Due to unforeseen circumstances, not least of which was the collapse of the housing market, the property was no longer suitable for the earlier proposed development. The property was sold to individual owners who now want the property to be permitted for agricultural uses rather than the current RS-6 zoning which prohibits that use. There is no central water or sewer to the properties nor is there a paved road.

With no further discussion, Mayor Rietz asked for a motion.

Upon a motion by Commissioner Holden and a second by Commissioner Hannan, the Commission approved the second and final reading of Ordinance 2021-26, by the following roll call vote:

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

7. Ordinance 2021-27 (Second and Final Reading) — An Ordinance Adopting Corrections, Updates and Modifications to the Capital Improvements Schedule of the Town of Lady Lake Comprehensive Plan for Years 2022—2026 (Thad Carroll)

Attorney Sasha Garcia read the title of the ordinance.

Growth Management Director Thad Carroll presented the background summary for this agenda item. Mr. Carroll stated that the ordinance is a proposal of the annual update of the Capital Improvement Schedule. Annually, the Town must update the Five-Year Schedule of Capital Improvements pursuant to Florida Statutes. The goal is to identify the capital improvements that are needed to implement the Comprehensive Plan and ensure that the adopted Level of Service standards are achieved and maintained.

Mayor Rietz asked if the Commissioners had any questions.

With no discussion, Mayor Rietz asked for a motion.

Upon a motion by Commissioner Kussard and a second by Commissioner Holden, the Commission approved the second and final reading of Ordinance 2021-27, by the following roll call vote:

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

8. Ordinance 2021-28 (Second and Final Reading) — An Ordinance Repealing the Second/Final Reading of Ordinance 2021-13 (Thad Carroll)

Attorney Sasha Garcia read the title of the ordinance.

Growth Management Director Thad Carroll presented the background summary for this agenda item. After the Department of Economic Opportunity received adopted Ordinance 2021-13 that amended the Lady Lake Comprehensive Plan by incorporating a property rights element, staff was informed that the amendment would not be accepted by the department because it was transmitted as an adopted amendment, not a proposed amendment. DEO needs to review and comment on the proposed amendment prior to adoption. By adopting this ordinance, the second and final reading of Ordinance 2021-13 will be repealed until such time as DEO has reviewed it.

Mayor Rietz asked if the Commissioners or public had any questions. There were no questions.

With no further discussion, Mayor Rietz asked for a motion.

Upon a motion by Commissioner Kussard and a second by Commissioner Holden, the Commission approved the second and final reading of Ordinance 2021-28, by the following roll call vote:

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

M. Town Manager's Report

Town Manager Lawrence gave a shout out to Parks & Recreation for all their hard work on Christmas events including the light display. C.T. Eagle’s team put on a great Christmas party and the food was terrific. Mr. Lawrence wished everyone a Merry Christmas.

N. Mayor and Commissioner's Report

Commissioner Kussard stated that on Saturday she attended the Wreaths Across America event at the Lady Lake cemetery which was very impressive. Mayor Rietz was the guest speaker, and he did a wonderful job.

Mayor Rietz stated that the Christmas lights at the Log Cabin were magical as was the Wreaths Across America ceremony. The Wreaths Across America ceremony was attended by residents, Veterans from the American Legion, the American Legion auxiliary, Sons of the American Legion, the American Legion Riders and Boy Scout Troop 244. The Mayor was also made aware that the National Society of Colonial Dames, 17th Century Orange Blossom Chapter have been cleaning headstones and monuments at the cemetery to try to keep them legible out of respect for veterans.

Commissioner Kussard stated that they were all given wreaths and all the veteran headstones were adorned with flags. It was a wonderful event.

O. Public Comment

There were no comments.

P. Adjourn

There being no further business, the meeting was adjourned at 6:35 p.m.

Minutes transcribed by Nancy Wilson, Deputy Town Clerk