Commission Meeting Draft Minutes

Draft Minutes of the March 18, 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.


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 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; Chief Robert Tempesta, Captain Jason Brough, Detective Butch Purdue, Sergeant Andy Crogan, Jan Miller, Administrative Assistant to the Police Chief, Officer Joseph Ostrom; and the majority of the staff and officers of the Lady Lake Police Department; John Pearl, I.T. Director; Marsha Brinson, Library Director; Dawn Woods, Finance Department; Van Kao, Parks and Recreation; Ted Williams, Facilities Director; Maureen Gochee, Human Resource Director; Julia Harris, Administrative Assistant to Town Manager; Philomena Bodie, Utilities Customer Service; Tamika DeLee, Human Resources; Michelle Bilbrey, Code Enforcement; Carol Osborne, Staff Assistant; various Town employees; and Nancy Slaton, Deputy Town Clerk

E. Public Comment

Mayor Richards noted that Item I-5 on the agenda regarding Water Oak has been tabled to April 1st. He asked if anyone had any comments.

Marsha Buchalla of 1213 Del Toro Dr. read a prepared statement voicing her concerns on behalf of herself and other visually impaired persons about the safety of the intersection of Avenida Central and Del Mar Drive. She stated she has not seen any improvements in the safety of this intersection despite Town and Villages staff stating that white cane law education would be done on an on-going basis. She asked that The Villages work with the Town of Lady Lake toward a safe solution for this intersection and the gate by reaching out to safety experts on how this intersection can be made safer for pedestrians, especially those with disabilities.

Donna Evans, President of the Visually Impaired Persons Support Group, also spoke on this issue. She recommended that a blind study be conducted, and adjustments be made to the gate, as well as the installation of sidewalks on both sides of Del Mar Dr.

F. Swearing In Ceremony

For Police Chief Robert Tempesta of the Town of Lady Lake Police Department

Mayor Richards performed the swearing-in ceremony for Chief Robert Tempesta with his wife, Patricia Tempesta, holding the bible.

Chief Tempesta read a prepared speech. He thanked the Town Manager for entrusting him with this opportunity as the new Police Chief of the Lady Lake Police Department. He thanked the Commission, members of the Police Department, Town staff, and everyone in attendance for their support; especially his family. There was a standing ovation by those present.

Mayor Richards paused the meeting for a ten-minute break to allow attendees to partake of refreshments celebrating Chief Tempesta’s promotion.

1. Minutes — March 4, 2019 — Commission Meeting

2. Minutes — March 7, 2019 — Commission Workshop Meeting

3. Consideration of Co-Hosting the Annual Scam Jam Shred-A-Thon (Robert Tempesta)

4. Consideration of the 2019 Concurrency Report (Thad Carroll)

Commissioner Hannan made a motion to approve Consent Items G-1 through G-4. Commissioner Kussard seconded the motion. The motion passed by a vote of 5-0.

H. Old Business

No old business.

I. New Business

5. Consideration of the Water Oak Sewer Connection Conversion — Major Modification to Site Plan 08/18-003 — Proposing to Convey the Water Oak Sewer System into the Town of Lady Lake for Operations and Maintenance, to Include Sewer Utility Lines within the Water Oak Estates Country Club, Referenced by Alternate Key 3538951 (Thad Carroll)

This item was tabled to the April 1, 2019 Commission meeting at the request of the applicant.

6. Discussion and Direction Regarding the Creation of a Charter Review Committee (Kris Kollgaard

Town Manager Kris Kollgaard presented the background summary for this agenda item (on file in the Clerk’s Office). She stated she will need to have some information if the creation of a committee is requested: how many members will make up the committee, whether the Town Attorney will sit in on the meetings, whether a Commissioner will be on the committee as a non-voting member for guidance, and how many days to give the committee for their review.

Mayor Richards stated he believes it will be a good idea to prepare a resolution to create this committee. He stated he hopes someone from his Ward will volunteer.

Commissioner Hannan stated he does not believe a Commissioner should be on the committee.

Ms. Kollgaard pointed out that many charter review committees have a Commissioner liaison for guidance only.

Mayor Richards stated a member of Town staff that understands the Charter could be a liaison in case there is a question regarding it.

Commissioner Hannan asked the Town Attorney how many municipalities he has worked with have a charter review committee.

Mr. Schroth replied that a charter review committee is not required. He stated Lake County usually has a committee review their charter, although the Commissioners of Eustis suggested referendum changes to the Charter by a majority vote without a committee.

Commissioner Holden suggested the Charter review committee consist of five to seven volunteer members, advised by the Town Attorney. He stated they should bring suggestions to the Commission. He stated it should be open to both residents and business owners in the Town.

Ms. Kollgaard commented that some businesses are only here for a short time.

Mayor Richards suggested a committee made up of a person from each ward, for a total of five.

Commissioner Kussard read a prepared speech regarding this issue. She stated she has reviewed the Charter completely since the March 7th workshop, and it appears the Commissioners have issues with only two items in the Charter. The first one is under Article 3, Administration, regarding the Town Manager’s powers and duties. She stated in her review of eleven Charters of surrounding communities, nine of them have the Council/Manager form of government. The second issue is regarding Commissioners’ terms under Section 4, Legislative. She stated she is not in favor of changing the Charter or creating a Charter Review Committee as the Town is doing great under its present leadership.

Mayor Richards stated that was well said. He asked the other Commissioners if they felt a committee of volunteers or the Commission should review the Charter in a workshop just to lay this issue to rest.

Commissioner Holden, Commissioner Hannan, and Commissioner Vincent agreed to a committee of volunteers.

Mayor Richards, Commissioner Hannan, Commissioner Vincent, and Commissioner Kussard agreed if there is a review committee, it should be made up of a volunteer from each Ward.

Commissioner Holden disagreed, stating he felt it should be made up of the five most qualified applicants.

Commissioner Hannan suggested the volunteers should come from a professional background.

Mayor Richards disagreed. He stated the Charter is a legal document on how to run government, not business or economy, and members of the committee should not have to have a professional background.

Commissioner Vincent stated he already has a candidate for the committee. There is a resident of his Ward ready to volunteer who was a Town Manager of five cities larger than Lady Lake in his past.

Sue Kelley, President of the Lady Lake Chamber of Commerce, requested that the Commissioners consider including business owners as options for the review committee. She stated there are many business owners such as Grant Gore of Recreation Plantation and the Independent and Assisted Living Facilities who are invested in this Town and who pay taxes to the Town, although they may not live here.

Commissioner Hannan suggested the committee should include two business owners and three residents.

After further discussion, the Commissioners agreed to create a seven-member volunteer committee to include a representative of each Ward and two Lady Lake business owners and allowing a set time period of six months for the review once the committee is formed, although they do not have to take that long if it is not necessary. It was agreed a staff member will be available to the committee to answer any questions regarding the Charter.

Ms. Kollgaard stated a resolution will have to be advertised. The resolution will have to go before the Commission, most likely at the mid-April meeting. She stated there will be an application process, and any applicants will have to be appointed by the Commission.

J. Town Attorney's Report

7. Resolution 2019-101 (First and Final Reading) — Kuntee and Harnarine Poorun — Variance Request Pursuant to Chapter 14, Section 14-9.) b).2). B). — Requesting the Spacing Distance between Fire Hydrants be set at 365 Feet as Opposed to the Required 800 Feet Spacing from the Closest Fire Hydrant to Facilitate Improvements on Property Addressed as 127 East Lemon Street, Identified by Alternate Key 3910612, Within the Town limits of Lady Lake, Florida (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 Chapter 14 of the Town’s Codes state that the minimum distance shall be 800 feet spacing for fire hydrants, and thus a variance was required. After staff review of the National Fire Protection Association (NFPA), there is some discrepancy between NFPA distance requirements and what the Town’s Code requires. Staff has agreed that there are some amendments needed to Chapter 14, which include improvements to water and sewer specifications. There have been no updates to this chapter since 2010. He stated if staff recommended amendments were made, this variance request may not have been necessary.

Mr. Carroll stated the applicants are present.

Ms. Kollgaard explained the Town’s code perhaps should have read maximum of 800 feet rather than minimum; it may have been an error in wording.

Mayor Richards agreed that it should have read: “at a minimum, fire hydrants should be every 800 feet”. He stated in that instance, it would have satisfied the language of the Code if they were closer than that.

Commissioner Kussard agreed the LDRs should be changed and asked if the applicants can be refunded the variance application fee.

Mr. Carroll replied the variance application fee was $850.00.

After discussion, the Commissioners directed staff to refund the variance application fee of $850.00 to the applicants in this case.

Ms. Kollgaard reminded the Commissioners that the variance request will still need to be approved so the applicants can move forward.

Mayor Richards asked for a motion.

Commissioner Kussard made a motion to approve the First and Final Reading of Resolution 2019-101 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

K. Town Manager's Report

Town Manager Kris Kollgaard announced that the Shred a Thon is scheduled for April 27th at the Target parking lot. There will be a limit of three boxes or bags per person. Public Works staff will assist with this event.

Ms. Kollgaard announced there are still vacancies on the Disciplinary Arbitration Panel (DAP), and the Town is still looking for volunteers. This panel is the final administrative step in any disciplinary grievance not resolved at a lower level.

Ms. Kollgaard stated that consideration for a part-time position at the library will be brought to the April 1st Commission meeting. She explained that one of the library staff will be out for some time on maternity leave starting in April. She stated some of the programs at the library have been cut back due to staffing issues.

Commissioner Vincent noted that the library has recently lost a couple of volunteers as well.

L. Mayor and Commissioner's Report

Mayor Richards asked if there was anything to report. He stated he had fun leading the St. Patrick’s Day parade this past weekend. There were no other 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 7:03 p.m.

Kristen Kollgaard, Town Clerk

Jim Richards, Mayor

Minutes transcribed by Nancy Slaton, Deputy Town Clerk