Commission Meeting Minutes

4. Consideration of Award of Bid 2022-0002 for Construction of Phase Two of the Wastewater Treatment Plant Improvements as Recommended by the Town Engineer, Jason Shepler with Mittauer and Associates, Inc.

Public Works Director, C.T. Eagle, stated that The Town Commission previously approved the advertising and bidding for phase two of the Wastewater Treatment Project. Bids have been received and tabulated by the engineer, Jason Shepler with Mittauer and Associates, Inc. Mr. Eagle presented the tabulated results and the engineer’s recommendation of award letter for consideration.

Commissioner Kussard made a motion to award Bid 2022-0002 to PWC Joint Venture, LLC as recommended by Mittauer & Associates; Commissioner Freeman seconded. Motion carried 5-0.

5. Presentation and Consideration of Stormwater Master Plan by Wood Environment and Infrastructure Solutions, Inc.

Public Works Director, C.T. Eagle, stated that the Town Commission previously approved utilizing the awarded Lake County Water Authority Stormwater Treatment Grant funds, in the amount of $65,000, to develop a Stormwater Master Plan (SWMP). Wood Environment and Infrastructure Solutions, Inc. developed the Stormwater Master Plan and presented it for Town Commission consideration of acceptance.

Lance Lumbard – Project Manager – Wood Environment & Infrastructure Solutions, Inc.

Mr. Lumbard summarized the Stormwater Master Plan which included:

• Task 1 – Compile Existing Information and Verify Existing GIS Stormwater Structure Inventory Data and Provide/Update Descriptive Information
• Task 2 – Develop Pollutant Loading Model for Two Priority Waterbodies and a Hydrologic & Hydraulic Model for Known Flood-Prone Areas
• Task 3 – Provide a Maintenance Plan and Budget for Existing Stormwater Infrastructure that is Protective of Surface Water Quality
• Task 4 – Provide a Long-Term Improvements Plan and Budget for the Town’s Capital Improvement Projects Based on Available Forecasts for Land Use Changes

Commissioner Hannan asked how long Mr. Lumbard had worked on the project; he answered, “about two years”.

Commissioner Freeman referenced one of the presented drawings and asked if anything ever drains out. Mr. Lumbard answered that all the basins in his model are isolated, nothing leaves and that it is an interesting situation. He added that as more and more impervious systems come into the Town, there are fewer places for the water to go. Lady Lake must be careful about what is coming into the basins and where it is going. In response to a question asked by Commissioner Freeman, Mr. Lumbard recommended a Stormwater Utility which is a mechanism to fund future stormwater projects. The estimated annual cost is $739,000 which is based on ongoing annual projects.

Mr. Eagle said if the Town Commission likes the idea of creating a Stormwater Utility it would be a good idea for Lady Lake. A stormwater utility fee is billed annually as a non-ad valorem charge on the property tax bills and is collected through the County Tax Collectors Office. Non-ad valorem charges are those not based on the value of the property. No fees per household have been determined; those fees could be structured at a Workshop. Both commercial and residential properties would pay the fees with commercial carrying more of the load since they generally have more impervious surfaces. A Stormwater Utility would necessitate the need for three additional employees.

Commissioner Hannan asked if adding a utility would require a referendum to which Town Attorney Schroth responded that it would be a special assessment which would require two readings of an ordinance.

Commissioner Holden said that with all the underground retention ponds that the state has installed within the last two years, he does not see the need for a Stormwater Utility.

The Commission continued to discuss stormwater in the Oak Grove area until Mr. Eagle added that the program is not just about Oak Grove, it would be a Utility that would keep up with all the retention areas, do the maintenance on rights-of-way, do the street sweeping and pay NPDES. It is a shift of general fund money to stormwater fund money. A separate utility is more important now that we have had, and will have, increasing development. The Town will have to pay more attention to impervious surface areas and new stormwater areas.

Commissioner Hannan asked Mr. Lumbard to estimate the amount of funding dollars that grants would contribute. He answered that the Master Plan being discussed was funded by the Lake County Water Authority Stormwater Treatment Grant funds. Their primary objective is to maintain surface water quality. They may be interested in ground water and potentially sustainability but that would be something that the Town would have to discuss with them because that is not the core purpose of their stormwater share cost program. There are other funding agencies like the St. John’s River Water Management District that does have cost sharing opportunities for innovative projects. For flooding and infrastructure maintenance, it is difficult to find cost sharing grant programs. Generally, that is a burden that municipalities have to assume.

Commissioner Freeman asked if this is a pay-as-you-go situation. Mr. Eagle answered that if the Town implements a Stormwater Utility, it would start out small to cover expenses and progress to bigger projects. We would be more proactive than reactive and have personnel dedicated to those activities. If the Master Plan is approved at this meeting, there would be no cost associated with that approval. Mr. Eagle said he will bring options to the Commission with associated costs at a later date.

Commissioner Freeman made a motion to approve the Stormwater Master Plan by Wood Environment and Infrastructure Solutions; Commissioner Kussard seconded. Motion carried 5-0.

6. Discussion of redefining the Town Commissioner Ward boundaries based upon the population data collected from the 2020 U.S. Census to establish a roughly equivalent representation of residents within each ward.

Growth Management Director Carroll projected the old and new ward maps that indicated major shifts in Wards 4 & 5 and explained those shifts. He did his best to balance the map to give the Wards equivalent populations and attempted to keep the boundaries as similar to the 2011 boundaries as possible. Mr. Carroll would like to draft an ordinance to adopt the new Commission Ward boundaries and deliver it to the Supervisor of Elections so they can create voter rolls.

Commissioner Kussard made a motion to draft an ordinance to adopt the proposed Commission Ward boundary map based upon the 2020 U.S. Census population data; Commissioner Hannan seconded. Motion carried 5-0.

7. Discussion of creating an ordinance to limit the hours of operation for construction activities within residential zoning districts within the Town of Lady Lake. (Thad Carroll)

Growth Management Director Carroll said that at a previous Town Commission meeting, Mrs. Kathleen Wolfarth stated under public comment that construction activity that is near her residence is occurring at all times of the day. She inquired if we had a noise ordinance to prohibit such activity in the overnight hours. Staff informed her that while we do not have a noise ordinance codified at this time, staff would look into potentially creating a noise ordinance based upon researching how neighboring communities regulate such activity in their jurisdictions.

This ordinance will only pertain to construction activity.

Commissioner Freeman suggested prohibiting construction work on Sundays and he prefers establishing set hours.

Commissioner Hannan asked if police would be on call for noise after hours; he is concerned about enforcement. The Code Enforcement Officer would handle issues during the day and the Police Department could be called after hours.

Commissioner Freeman made a motion to have staff draft a Construction Activity Noise Ordinance with amendments as discussed; Motion died for lack of a second.

Commissioner Kussard made a motion to have staff draft a Construction Activity Noise Ordinance; Commissioner Freeman seconded. Motion carried 4-1 with Commissioner Hannan casting the dissenting vote.

8. Discussion of potentially modifying the minimum setback requirements for certain residential zoning districts within the Town of Lady Lake.

Growth Management Director Carroll said that at a previous meeting, Commissioner Holden stated that the Town Commission approved the Applebee PUD Plan where the houses will only have 10-foot setbacks. There is a graphic which indicates a 10-foot rear setback and text which indicates the same on the plan. The typical lot depth is 112 feet. The front setback on the plan is 25 feet from the right-of-way. In speaking with a representative of the project, Mr. Carroll confirmed that the homes would be oriented toward the front minimum setback. Mr. Carroll said the Commission may want to create a separate setback requirement for accessory structures and the primary structure.

Commissioner Holden wanted the setbacks to be moved back. There are houses in his ward where the base of the house is ten feet from the fence meaning there is no room to build anything behind their houses. He would like to have ten feet added to the rear setback requirement.

Dan Vincent – 806 Nelson

Mr. Vincent said that every time he turns around, the Town is approving variance. He said Lady Lake is developing so much that we will not have any impervious areas. We should tell the builders what the standard lot size will be so we will not be so crammed in. People should not move here if they cannot afford it; why do we need to make Lady Lake more affordable? Mr. Vincent thinks that developers are overstepping their boundaries.

Commissioner Kussard made a motion to keep the minimum setback requirements for certain residential zoning districts as they are; Commissioner Hannan seconded.  Motion carried 4-1 with Commissioner Holden casting the dissenting vote.

9. Consideration of drafting an Ordinance to Repeal Ordinance 95-08, Chapter 8, Article II, Sections 8-26 thru 8-34 of the Code of Ordinances pertaining to Business Tax Receipts (BTR’s) whereby business tax receipts would no longer be required in the Town of Lady Lake.

Town Clerk Wilson stated that several staff members who deal with business tax receipts met to discuss the process of issuing the receipts. We shared stories and it was remarkable how much time is spent issuing, renewing, and tracking down delinquent BTR’s every year. The process for renewing begins at the end of June when letters are generated and processed, and we are now in May and two departments are still working to close out the year.

The process of issuing BTR’s is laborious and for new business applicants it can be frustrating. Every year the Clerk’s office compiles a list (ongoing project) of all active businesses in town. A mail merge is conducted and approximately 1,000 renewal notices are sent. When payments are received, a receipt is created and mailed to the business owner. New applications for BTR’s require a few more steps. First the applicant fills out an application with help from staff. Their licenses, etc., are copied and payment is collected. They are then sent to Growth Management where they pay a fee of $25 to verify zoning and requirements, such as fire inspections, are determined. If an inspection(s) is required, it must be scheduled. The BTR application is on hold until Growth Management and Utilities ensure all requirements have been met. After January 1st of each year, those who have not paid their renewal fee are sent late notices. This year instead of sending the names of the delinquent owners to Lori Crain (Code Enforcement Officer), Jackie Schilling (Clerk’s office) spent several days tracking down people and she was able to eliminate 22 businesses from the list so Lori ended up with 27 businesses for which she would need to create case files. This process is more formal and detailed and requires certified mailings. If there are any businesses that still have not paid, they are brought before the Special Magistrate and further filing and recording is necessary.

This year there is an additional expense associated with processing BTR’s and that is the implementation of the new software Citizenserve. While the Clerk’s office would not be a heavy user of the program, we nevertheless must factor in that expense.

Finally, there are the tangible items that includes preprinted, perforated paper, postage, envelopes, and letterhead.

During the last fiscal year, the revenues derived from Business Tax Receipts was $47,000. The expenses associated with Business Tax Receipts include staff time, supplies, certified mailings and recordings, Special Magistrate fees and software. Though expenses fall short of revenue, the goodwill shown to business owners by the Town will be more than worth that shortfall.

Commissioner Kussard said that the Town should not be in the business of hurting our mom-and-pop businesses. She also commented that a lot of businesses are corporate, and their headquarters are out of state and the fact that we only accept cash and checks makes it more difficult for them to pay. The Town Clerk confirmed that the individual chain stores receive the renewal but are not authorized to pay the fee and the renewal notice enters a black hole.

Growth Management Director, Thad Carroll, added that we are hitting business owners with another fee that others are not imposing. Currently, we have the right to impose that fee, but he thinks that since this is a topic for discussion during every legislative session in Tallahassee, the power will be taken away from local governments to impose such a tax.

Town Attorney Schroth stated that if the drafting of an ordinance is approved, he recommended making the repeal effective beginning with the next fiscal year on October 1, 2022.

Commissioner Kussard made a motion to draft an ordinance to eliminate the Business Tax Receipt effective October 1, 2022; Commissioner Holden seconded. Motion carried 5-0.