Commission Meeting Draft Minutes
Draft Minutes of the September 4, 2019 6 p.m.
Commission Meeting
This special 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 Pastor Jeff Hosmer of the North Lake Presbyterian 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; Mike Burske, Parks and Recreation Director; Deputy Chief Jason Brough and Lieutenant Nelson Vargas, Lady Lake Police Department; Pam Winegardner, Finance Director; Maureen Gochee, Human Resource Director; Wendy Then, Senior Planner; and Nancy Slaton, Deputy Town Clerk
E. Public Comment
Mayor Richards asked if anyone had any comments.
David Sirdar of 66 Winter Green Drive in Fruitland Park, Florida, stated he drives through Lady Lake every day. He stated he is a concerned senior citizen who cares about children’s futures. He suggested that community leaders be the voices to help teach the citizens to keep litter at bay and had two slogans in mind: ‘no butts about it” and “only trash litters”.
F. Public Hearing
1. Resolution 2019-112— First and Final Reading — Adoption of Tentative Millage Rate for Fiscal Year 2020 (Pam Winegardner)
Finance Director Pam Winegardner gave the background summary for this agenda item (on file in the Clerk’s Office).
Ms. Winegardner announced that the Taxing Authority is the Town of Lady Lake; the tentative millage rate is 3.3962, which is 6.43% greater than the current year’s rolled back rate of 3.1909.
She stated that per State Statute Chapter 200.065, the Town of Lady Lake must hold a public hearing on the tentative millage rate and proposed budget. At this hearing, the Town Commission will discuss the tentative millage rate, and if changed, re-compute its’ tentative millage rate and publicly announce the percentage, if any, by which the re-computed tentative millage is greater than or less than the rolled-back rate and approve the resolution.
Ms. Winegardner read the heading of Resolution No. 2019-112 regarding the adoption of the tentative millage rate for Fiscal Year 2019—2020.
Ms. Winegardner reminded the Town Commission that they can increase the millage rate at this meeting but will not be able to increase it from what was approved at this meeting at the second public hearing on September 18th. This tentative rate plus any other rate below this rate requires an affirmation vote of three members of the Town Commission. She stated that this hearing was advertised via the TRIM Notice mailed out by the Property Appraiser.
Mayor Richards asked if there were any questions or comments from the Commissioners or the public. There were no questions or comments.
Upon a motion by Commissioner Kussard and seconded by Commissioner Holden, the Commission approved the first and final reading of Resolution No. 2019-112, which sets the Fiscal Year 2019—2020 tentative property tax millage rate of 3.3962 mills per $1,000 taxable valuation which is greater than the current year’s rolled back rate, by the following roll call vote:
| Commissioner | Vote |
| Hannan | NO |
| Kussard | YES |
| Holden | YES |
| Vincent | YES |
| Richards | YES |
2. Ordinance 2019-14 — First Reading — Adoption of Operating Budget for Fiscal Year 2019— 2020 (Pam Winegardner)
Finance Director Pam Winegardner gave the background summary for this agenda item (on file in the Clerk’s Office). She stated that per State Statute Chapter 200.065, the Town of Lady Lake must hold a public hearing on the proposed Fiscal Year 2019—2020 operating budget. At this hearing, the Town Commission will amend and approve the first reading of the budget ordinance after adoption of the final millage rate. She stated this hearing was advertised via the TRIM notice mailed out by the Property Appraiser.
Mayor Richards asked if there were any questions or comments from the Commissioners or the public. There were no questions or comments.
After a motion was made by Commissioner Kussard and seconded by Commissioner Hannan, the Commission approved the first reading of Ordinance No. 2019-14 by a roll call vote of 5 to 0.
Town Attorney Derek Schroth asked that the ordinance header be read for the record and requested a re-vote.
Ms. Winegardner read the ordinance title which stated the budget is setting forth anticipated revenue of $18,148,183 and expenditures in an equivalent amount. The following amounts are appropriated for various funds: General Fund — $12,934,499; Special Revenue (infrastructure sales surtax) — $1,482,200; and Utilities Fund — $3731,484; for a total of $18,148,183.
Upon a motion made by Commissioner Kussard and a second by Commissioner Holden, the Commission approved the first reading of Ordinance No. 2019-14, by the following roll call vote:
| Commissioner | Vote |
| Hannan | YES |
| Kussard | YES |
| Holden | YES |
| Vincent | YES |
| Richards | YES |
3. Resolution 2019-111 (First and Final Reading) — A Resolution Relating to an Increase to the Special Assessment for Fire Protection Services (Pam Winegardner)
Finance Director Pam Winegardner gave the background summary for this agenda item (on file in the Clerk’s Office). She stated that The Villages Fire Protection Services has requested an increase in the Fire Assessment fees from $90.11 yearly to $124.00 yearly. The hearing was advertised via an ad in the daily newspaper. She read the header of the resolution into the record.
Mayor Richards asked if there were any questions or comments from the Commissioners or the public. There were no questions or comments.
Upon a motion by Commissioner Kussard and a second by Commissioner Holden, the Commission approved the first and final reading of Resolution 2019-111 by the following roll call vote:
| Commissioner | Vote |
| Hannan | YES |
| Kussard | YES |
| Holden | YES |
| Vincent | YES |
| Richards | YES |
G. Consent
4. Minutes — August 19, 2019 — Regular Commission Meeting
5. Consideration of Approval of the 2019 Fall Event Schedule (Mike Burske)
The background summary for this agenda item is on file in the Clerk’s Office.
Mayor Richards asked if any of the Commissioners had any concerns regarding the Consent items, and hearing none, asked for a motion.
Commissioner Hannan made a motion to approve Consent Items G-4 and G-5. Commissioner Kussard seconded the motion. The motion passed by a vote of 5 to 0.
H. Old Business
No old business.
I. New Business
No new business.
J. Town Attorney's Report
6. Ordinance 2019-11 (First Reading) — An Ordinance Annexing One Lot Being Approximately 0.14 Acre, Located within Orange Blossom Gardens Unit 3.1B, Owned by John H. and Judy B. Osgood, Trustees, Referenced by Alternate Key Number 2523212 (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 from the Commissioners or the public. There were no questions or comments.
Upon a motion by Commissioner Holden and a second by Commissioner Hannan, the Commission approved the first reading of Ordinance No. 2019-11 by the following roll call vote:
| Commissioner | Vote |
| Hannan | YES |
| Kussard | YES |
| Holden | YES |
| Vincent | YES |
| Richards | YES |
7. Ordinance 2019-12 (First Reading) — An Ordinance Amending the Lady Lake Future Land Use Comprehensive Plan of One Lot Being Approximately 0.14 Acre, Located in Orange Blossom Gardens Unit 3.1B, Owned by John H. and Judy B. Osgood, Trustees, Referenced by Alternate Key Number 2523212 (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). He stated the applicant is present if there are any questions.
Mayor Richards asked if there were any questions or comments from the Commissioners or the public. There were no questions or comments.
Upon a motion by Commissioner Holden and a second by Commissioner Hannan, the Commission approved the first reading of Ordinance No. 2019-12 by the following roll call vote:
| Commissioner | Vote |
| Hannan | YES |
| Kussard | YES |
| Holden | YES |
| Vincent | YES |
| Richards | YES |
8. Ordinance 2019-13 (First Reading) — An Ordinance Rezoning One Lot Being Approximately 0.14 Acre, Located in Orange Blossom Gardens Unit 3.1B, Owned by John H. and Judy B. Osgood, Trustees, Referenced by Alternate Key Number 2523212 (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). He stated the applicant is present if there are any questions.
Mayor Richards asked if there were any questions or comments from the Commissioners or the public. There were no questions or comments.
Upon a motion by Commissioner Vincent and a second by Commissioner Holden, the Commission approved the first reading of Ordinance No. 2019-13 by the following roll call vote:
| Commissioner | Vote |
| Hannan | YES |
| Kussard | YES |
| Holden | YES |
| Vincent | YES |
| Richards | YES |
9. Ordinance 2019-15 (First Reading) — An Ordinance Amending the Town of Lady Lake Land Development Regulations (Ordinance 94-08); Repealing Chapter 1, Article III, Section 1-86; Providing for the Abolishment of the Economic Development Advisory Committee (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). He stated the applicant is present if there are any questions.
Mayor Richards asked if there were any questions or comments from the Commissioners or the public. He asked where the Town will get ideas on economic development if this committee is abolished.
Town Manager Kris Kollgaard replied that there has been so much development coming in to the Town since this committee was established. She stated there have only been seven meetings in the last five years, and most of those consisted of staff giving updates on new developments in Town. Ms. Kollgaard stated most of the members are still working and it was hard to get a quorum, although their service on the committee was appreciated. She stated the committee is currently short two members who resigned due to their busy lives. She stated interested citizens can still provide input at public meetings such as the Commission meetings.
Upon a motion by Commissioner Kussard and a second by Commissioner Holden, the Commission approved the first reading of Ordinance No. 2019-15 by the following roll call vote:
| Commissioner | Vote |
| Hannan | YES |
| Kussard | YES |
| Holden | YES |
| Vincent | YES |
| Richards | NO |
10. Resolution 2019-108 (First and Final Reading — To be Tabled to the September 18, 2019 Commission Meeting at the Request of the Applicant) — A Resolution Granting a Variance from the Provisions of Chapter 17). 17-4). b).2)., of the Town of Lady Lake Land Development Regulations Which Restricts Wall Sign Copy Area to Not Exceed 200 Square Feet or 20 Percent of the Façade; Whichever is Greater, for the Earth Fare Retail Space Located within the Earth Fare Commons of Lady Lake Shopping Center, Addressed as 655 North Highway 27/441, Referenced by Alternate Key Number 3305451 (Thad Carroll)
Town Attorney Derek Schroth stated that the applicant requested that this item be tabled to the September 18, 2019 Commission meeting. This was confirmed by Mr. Carroll.
Upon a motion by Commissioner Vincent and a second by Commissioner Hannan, the Commission approved tabling the first reading of Resolution 2019-108 to the meeting scheduled for September 18, 2019, by a vote of 5 to 0.
11. Resolution 2019-109 (First and Final Reading) — A Resolution Granting a Variance from the Provisions of Chapter 14). 14-9). b).2). b), of the Town of Lady Lake Land Development Regulations, Requiring Connection to an Eight-Inch Water Main for Commercial Property Identified as the Village Airport Van Campus, Located at 121 West Hermosa Street, Referenced by Alternate Key Number 1279518 (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 the applicant is present if there are any questions.
Mayor Richards asked if there were any questions or comments from the Commissioners or the public.
Commissioner Vincent he understands that this circumstance is due to a mistake that was not noted by the Town. He suggested that perhaps the eight-inch line could be installed once the highway is redone. He stated he is not in favor of variances, and this could be corrected at a later date.
Mayor Richards stated the key reason for allowing variances is for special circumstances. He stated there should be no adverse effects in this instance as the fire flow is adequate. He noted that this area was originally zoned residential and that is why there was a six inch line; it did not get upgraded when the area was rezoned for commercial use. Mayor Richards stated his son is employed by Village Airport Van, although there is no conflict as he has no financial interest in it.
Upon a motion by Commissioner Kussard and a second by Commissioner Hannan, the Commission approved the first and final reading of Resolution 2019-109 by the following roll call vote:
| Commissioner | Vote |
| Hannan | YES |
| Kussard | YES |
| Holden | YES |
| Vincent | YES |
| Richards | YES |
12. Resolution 2019-110 (First and Final Reading) — A Resolution Granting a Variance from the Provisions of Chapter 14). 14-9). b).2). b), of the Town of Lady Lake Land Development Regulations, Requiring Connection to an Eight-Inch Water Main for Commercial Property Identified as Cart World, Located at 133 West Hermosa Street, Referenced by Alternate Key Numbers 1132045, 1132061, and 1132070 (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 the applicant is present if there are any questions.
Mayor Richards asked if there were any questions or comments from the Commissioners or the public.
Chuck Hiott of Booth, Straughan, Hiott, Inc. in Tavares, stated that his client asked him to request a refund for the variance application because their interpretation of the code was different than the Town’s.
Mayor Richards asked the Town Attorney if there is a history of the Town having done this.
Mr. Schroth stated he was not aware of the Town having a policy regarding application fee refunds.
Mr. Carroll agreed that he was not aware of a policy regarding refunding application fees, and he did not recall any instances of when a private business or individual was issued a refund.
Mayor Richards stated the variance process allows for special circumstances such as this, and if not approved, a new line would have to be installed.
Upon a motion by Commissioner Holden and seconded by Commissioner Hannan, the Commission approved the first and final reading of Resolution 2019-110 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 reported that at their meeting on August 19, 2019, the Commission directed staff to begin renovations on the community building after the start of the new fiscal year in October. Since then, one of the Commissioners emailed her and requested that another workshop be held regarding the community building renovations prior to the start of the renovations.
Commissioner Holden stated he is the one who suggested this as he has had second thoughts regarding renovating this old building and believes it would be better to build a new building on the same lot. He stated renovating this building would be just refreshing an old building that is inadequate, too small, and not up to code. He requested a re-vote on renovating versus constructing a new building.
Commissioner Hannan stated he agrees with Commissioner Holden that it would be better to construct a new building.
Commissioner Kussard clarified that Commissioner Holden was suggesting a total tear down and rebuilding on the same lot; not the property on Old Dixie Highway.
Commissioner Holden confirmed this, stating that this building is on a half-acre lot and once the old one is torn down, a new building could be built anywhere on the same lot.
Commissioner Vincent stated he looked at the old building and feels it might be best to rebuild with today’s building standards.
After further discussion, the Commission agreed to hold another workshop regarding the community building.
Ms. Kollgaard stated staff will need to know what the Commissioner would like; whether it be two-story, etc. She stated the project would need to be put out to bid. She stated she will try to coordinate a convenient date and time to hold the workshop.
Ms. Kollgaard reported that staff received an email request regarding plants and shrubs in the median on County Road 466. She stated the Town has an interlocal agreement with Lake County to provide maintenance to the medians of this road within the Town limits. Lake County has asked to review any new maintenance plans if the Town replaces any plantings.
Mayor Richards stated the bushes and shrubs help to calm traffic flow and are not just for beautification. He stated that the bushes and shrubs cannot be higher than two and a half feet, and trees must be trimmed up to seven feet so you can see through them. He asked what is involved with cleaning up what is there, other than staff time, and replacing any dead bushes.
Ms. Kollgaard stated any improvements will be at the Town’s cost per the agreement.
Public Works Director C.T. Eagle stated there is irrigation using reclaimed water in all the median islands, and staff keeps the weeds down with spraying and replaces mulch, and the medians do not get overgrown enough to impede traffic sight lines.
Commissioner Hannan confirmed that the Town maintains the medians on County Road 466 just like it does on Highway 441, only at the Town’s cost. He stated Mr. Gore had a valid point in that County Road 466 should be maintained as well as Highway 441.
After further discussion, the Commissioners agreed to look at this area again and discuss this issue again at the next meeting.
Mayor Richards stated that the medians should be maintained in the interim. He asked Mr. Eagle to pass on his thanks for the Public Works staff being proactive and cleaning out catch basins in preparation for the approaching storm.
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.
Lowell Barker of 1517 West Schwartz Blvd. in Lady Lake commented that Dan Bard, who normally attends these Commission meetings, is undergoing chemotherapy and he asked that everyone keep Mr. Bard in their thoughts.
David Sirdar of Fruitland Park requested to speak again about climate change and litter. He stated he was told by the White House to talk to people at the state level but figured he would start at the Lady Lake level. He thanked the Commission for allowing him time to speak.
N. Adjourn
There being no further business, the meeting was adjourned at 7:08 p.m.
___________________________
Kristen Kollgaard, Town Clerk
___________________________
Jim Richards, Mayor
Minutes transcribed by Nancy Slaton, Deputy Town Clerk