Commission Meeting Draft Minutes
Draft Minutes of the August 5, 2019 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 Richards presiding. The meeting convened at 6 p.m.
Procedure
Citizens are encouraged to participate in the Town of Lady Lake meetings. Citizen groups are asked to name a spokesperson. Speakers will be limited to three minutes. Additional time may be granted at the Mayor’s discretion. Upon being recognized by the Mayor, please approach the dais, state your name and address, and speak into the microphone. The order of agenda items may be changed if deemed appropriate by the Town Commission. Please be respectful of others and put your cell phone on silent mode.
A. Call to Order
Mayor Jim Richards
B. Invocation
By Minister Matt Malott of the New Life Christian 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; John Pearl, I.T. Director; Chief Rob Tempesta, Deputy Chief Jason Brough, Lieutenant Nelson Vargas, Lady Lake Police Department; Wendy Then, Senior Planner; Pam Winegardner, Finance Director; Maureen Gochee, Human Resource Director; and Nancy Slaton, Deputy Town Clerk
E. Public Comment
Mayor Richards asked if anyone had any comments.
Miranda Perez of 221 Longview Avenue in Lady Lake stated she is present this evening to request permission to allow her father to live with her. He is 76 years old and has had several strokes, leaving him blind and unable to walk or care for himself. He must be cared for either at her home with nursing assistance, or at a facility, and there are no facilities available close by. She stated he is a registered sex offender, and this is her difficulty, as her home is just over a mile from a daycare and school. Ms. Perez stated she has spoken with the Town Manager, the Police Chief, and even with Deputy Keller of the Lake County Sheriff’s office.
Ms. Perez stated the property owner and her neighbors do not object to her father living with her since he is disabled. She presented further information and background on her family situation, stating the Department of Children and Families is involved. She stated she has only 48 hours for this request to be approved once she registers her father at her address. The other option is a facility in Miami, which would be a hardship for her since it is so far away.
The Mayor and Commissioners asked Mr. Schroth for his legal opinion.
Town Attorney Derek Schroth stated the Town’s ordinance would have to be changed to allow for hardship exemptions.
After further discussion, Commissioner Hannan stated it will take a couple of months to change the ordinance, and the Town has no way to address this immediate need.
Mr. Schroth asked if the Commissioners are directing that the ordinance be reviewed and perhaps amended to include exemptions for hardship cases.
Mayor Richards directed staff to look into this to see if this has occurred in any other areas, and possibly prepare an amended ordinance for the Commissions’ review. The other Commissioners agreed with this direction.
Ms. Perez thanked the Commissioners for their consideration. She stated she will keep in contact with the Town Manager to see if this ordinance is amended.
F. Announcement
1. Announcement of Qualifying Period from 12 Noon on August 26, 2019 to 12 Noon on August 30, 2019 for the Office of Town Commissioner for Wards One, Three, and Five for the General Election on November 5, 2019 (Mayor Richards)
Mayor Richards read the announcement regarding the Qualifying Period.
G. Consent
2. Minutes — July 15, 2019 — Regular Commission Meeting
3. Consideration of the FY 2019 — 2020 Benefits (Medical, Dental, Life Insurance, Long Term Disability, Short Term Disability, Critical Illness, Accident Coverage) (Maureen Gochee)
4. Consideration of the Acceptance, Conveyance, and Payment of the 18-Inch Lady Lake CR 25 Sewer Line Extension Improvements Constructed from Oak Street North along County Road 25 to Fennell Blvd., Including Utility Easement on Private Property Identified by Alternate Key 3305451 (Thad Carroll)
Mayor Richards asked if any of the Commissioners had any concerns regarding the Consent items, and hearing none, asked for a motion.
Commissioner Kussard made a motion to approve Consent Items G-2 through G-4. Commissioner Holden seconded the motion. The motion passed by a vote of 5 to 0.
H. Old Business
No old business.
I. New Business
5. To Discuss the Tentative Millage Rate and Set Proposed Dates, Times and Place for the First Public Hearing for the Tentative Millage Rate and Budget, and Set Proposed Dates, Times and Place for the Second Public Hearing for the Final Millage Rate and Budget (Pam Winegardner)
Finance Director Pam Winegardner presented the background summary for this agenda item (on file in the Clerk’s Office). She asked if there were any questions.
Mayor Richards asked if there were any questions, and hearing none, asked for a motion.
Commissioner Vincent made a motion to set the Fiscal Year 2019-2020 tentative millage rate of 3.3962; and to set the proposed, date, time and place of the first public hearing as September 4th, 2019 at 6 p.m. in the Town Hall Commission Chambers, and to set September 18th, 2019 at 6 p.m. for the second public hearing adopting the final millage rate and budget. Commissioner Kussard seconded the motion. The motion passed by a vote of 4 to 1 (Hannan).
6. Consideration of Metric Engineering Proposal to Design Fiber Optic Infrastructure (John Pearl)
Information Technology Director John Pearl presented the background summary for this agenda item (on file in the Clerk’s Office).
Mayor Richards asked if there were any questions.
Commissioner Hannan confirmed with Mr. Pearl that this proposal was for installing conduit only.
Commissioner Kussard made a motion to approve the Metric Engineering Proposal to Design Fiber Optic Infrastructure to be installed during the upcoming Hwy 27/441 road widening project. Commissioner Holden seconded the motion. The motion passed by a vote of 5 to 0.
7. Consideration of Mutual Agreement with Danella Construction to Provide Fiber Optic Infrastructure Services at Multiple Town of Lady Lake Locations (John Pearl)
Information Technology Director John Pearl presented the background summary for this agenda item (on file in the Clerk’s Office).
Mayor Richards asked if there were any questions, and hearing none, asked for a motion.
Commissioner Holden made a motion to approve the Mutual Agreement with Danella Construction to Provide Fiber Optic Infrastructure Services at Multiple Town of Lady Lake Locations. Commissioner Kussard seconded the motion. The motion passed by a vote of 5 to 0.
8. Consideration for Heartland Dental New Major Site Plan– Outparcel C — MJSP 04/19-001 — Proposing a 4,483 Square-Foot Dental Office Building within the Lady Lake Commons Site on Approximately .76 Acres, Addressed as 625 N. Highway 27/441, Identified by Alternate Key Number 3305451 (Thad Carroll)
Growth Management Director Thad Carroll presented the background summary for this agenda item (on file in the Clerk’s Office). He stated the applicant is present if there are questions.
Mayor Richards asked if there were any questions, and hearing none, asked for a motion.
Commissioner Kussard made a motion to approve the Heartland Dental New Major Site Plan– Outparcel C — MJSP 04/19-001 with requested waivers as presented. Commissioner Hannan seconded the motion. The motion passed by a vote of 5 to 0.
9. Consideration for Pine Brook Master Mobile Home Park Plan – MJSP 03/19-002 — Proposing 40 Units on Approximately 7.58 Acres along Griffin View Drive, Just North of the Lady Lake Mobile Home Park, Identified by Alternate Key Number 1584922 (Thad Carroll)
Growth Management Director Thad Carroll presented the background summary for this agenda item (on file in the Clerk’s Office). He stated the applicant is present if there are questions.
Mayor Richards asked if there were any questions.
Commissioner Kussard asked if the two mobile home parks (Lady Lake Mobile Home Park and the proposed Pine Brook Mobile Home Park) are owned by the same people.
Rick Horton, Planning Project Manager with Wick’s Engineering, stated the properties are owned by the same people, although they are under different licensed liability corporations (LLCs).
Commissioner Kussard asked if their wastewater treatment facility has the capacity to handle this new project.
Mr. Horton replied that they are well within the capacity range with the addition of 40 units.
Commissioner Kussard made a motion to approve the Pine Brook Master Mobile Home Park Plan – MJSP 03/19-002 as presented. Commissioner Hannan seconded the motion. The motion passed by a vote of 5 to 0.
10. Consideration of the Water Oak Estates Entryway Improvements — Major Modification to Site Plan 09/18-002 — Proposing Upgrades to Entryway Landscaping and Hardscaping, Addition of Turning Lane and Relocation of Parking Spaces and Connecting Sidewalks, within the Water Oak Estates Country Club (Alternate Key 3538951) (Thad Carroll)
Growth Management Director Thad Carroll presented the background summary for this agenda item (on file in the Clerk’s Office). He stated the applicant is present if there are questions.
Mayor Richards asked if there were any questions, and hearing none, asked for a motion.
Commissioner Vincent made a motion to approve the Water Oak Estates Entryway Improvements — Major Modification to Site Plan 09/18-002 as presented. Commissioner Holden seconded the motion. The motion passed by a vote of 5 to 0.
J. Town Attorney's Report
11. Ordinance 2019-10 — (First Reading) An Ordinance Providing for a Text Amendment to the Town of Lady Lake Land Development Regulations (Ordinance No. 94-08) Chapter 5, Section 5-4, “Zoning District Uses”; Amending the Minimum Setback Requirements to Fifty Feet for Accessory Structures and Uses Incidental to Agricultural Activities (Thad Carroll)
Town Attorney Derek Schroth read the ordinance by title only.
Growth Management Director Thad Carroll 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.
Commissioner Kussard asked if this property is on septic and well.
Mr. Carroll stated he is not sure if this property has either; it could just be pasture land. There are no Town utilities close to the property.
Commissioner Holden stated the current setback is 200 feet. He clarified that the agricultural structure could be within 50 feet of the road if this amendment is approved. He suggested that the same 200 feet setback from road frontage be kept, while allowing a 50 foot setback on the other three sides of the property.
Mr. Carroll replied that per this text amendment, the structure could be setback 50 feet from the road but centered in the property. He stated the road setback is based on the type of road; whether it is a local, collector, or arterial. Mr. Carroll stated it would be a rare instance for a structure to be that close to the road. He stated there could be a provision in the ordinance stating that a structure be no closer than x amount to the road.
Mayor Richards stated his concern with this text amendment was that a house could be 35 feet from the setback, and then a barn could be put 50 feet back and be close to the house. He suggested that a variance be requested instead of this text amendment so issues of this type could be considered on a case by case basis.
Commissioner Holden suggested that the text amendment could include keeping the structure 200 feet back from the road.
After further discussion, and hearing no other comments or questions, Mayor Richards asked for a motion.
Ordinance 2019-10 was not approved due to lack of a motion.
12. Resolution 2019-107 — First and Final Reading — Qualifying Dates for Office of Town Commission for Wards One, Three, and Five for November 5, 2019 Election (Kris Kollgaard)
Town Attorney Derek Schroth read the resolution by title only.
Town Manager Kris Kollgaard 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, and hearing none, asked for a motion.
Commissioner Kussard made a motion to approve the First and Final Reading of Resolution 2019-107 as presented. Commissioner Hannan seconded the motion. The motion passed by the following roll call vote:
| Commissioner | Vote |
| Hannan | YES |
| Kussard | YES |
| Holden | YES |
| Vincent | YES |
| Richards | YES |
Commissioner Kussard made a motion to authorize the Town Clerk to request that the Lake County Supervisor of Elections conduct the general election for the Town. Commissioner Hannan seconded the motion. The motion passed by the following roll call vote:
| Commissioner | Vote |
| Hannan | YES |
| Kussard | YES |
| Holden | YES |
| Vincent | YES |
| Richards | YES |
K. Town Manager's Report
Town Manager Kris Kollgaard reported that the tree by the Community Building will be removed this Friday morning.
L. Mayor and Commissioner's Report
Mayor Richards asked if any of the Commissioners had anything to report. There were no reports.
M. Public Comment
Mayor Richards 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 6:55 p.m.
___________________________
Kristen Kollgaard, Town Clerk
___________________________
Jim Richards, Mayor
Minutes transcribed by Nancy Slaton, Deputy Town Clerk