Commission Meeting Minutes

Minutes of the May 6, 2019 6:00 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 6:00 p.m.

A. Call to Order

Mayor Jim Richards

B. Invocation

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; Wendy Then, Senior Planner; Chief Robert Tempesta, Lady Lake Police Department; Maureen Gochee, Human Resource Director; and Nancy Slaton, Deputy Town Clerk

E. Public Comment

Mayor Richards asked if anyone had any comments.

Robert Nyce of 747 Agua Way introduced himself as an applicant for the Disciplinary Arbitration Panel. He stated he would be honored to serve on this panel in any capacity

Commissioner Hannan commented that Mr. Nyce had a great resume.

Mayor Richards, Commissioner Kussard, and Commissioner Holden thanked Mr. Nyce for volunteering.

Mayor Richards asked if any of the Commissioners wanted an item pulled for discussion or corrections. Hearing none, he asked for a motion for the Consent items.

1. Minutes — April 15, 2019 — Special (Conceptual) Commission Meeting

2. Minutes — April 15, 2019 — Commission Meeting

3. Consideration of Continuation of Utilizing Option B of the Interlocal Agreement with Lake County for Collection of Storm Debris from Streets and Right of Ways (C.T. Eagle)

Commissioner Hannan made a motion to approve Consent Items G-3 through G-5. Commissioner Kussard seconded the motion. The motion passed by a vote of 5 to 0.

G. Old Business

No old business.

H. New Business

4. Consideration of Approval to Invest in Installing a Discus Platform Behind the Rolling Acres Sports Complex Concession Stand (Mike Burske)

Parks and Recreation Director Mike Burske presented the background summary for this agenda item (on file in the Clerk’s Office). He stated Mr. Fred Weber is also present if there are any questions.

Mayor Richards asked if there were any questions or comments.

Commissioner Hannan stated he thinks it will be a great addition to the park.

Commissioner Kussard congratulated the six discus throwers who won gold in this event at the Polk County Senior Games. She asked how far the platform near the concession stand is from other areas such as the dog park. She stated she was concerned about safety within the throwing range of the discus, including the possibility of a wild throw.

Mr. Burske replied that the distance from the platform to the dog park is 336 feet and it is 260 feet from the platform to the fence around the dog park parking. There is roughly 30 feet to the right of the platform to the golf cart path. To the left, it is 295 feet to the golf cart path.

Mr. Weber stated these distances should be very safe. Any one of the throws at those distances would be a world record.

Commissioner Kussard asked what the furthest distance was for any throw by any of the local participants.

Mr. Weber replied he had the furthest throw at 137 feet and five inches in the senior games.

Commissioner Kussard made a motion to approve investing in installing a discus platform behind the Rolling Acres Sports Complex Concession Stand. Commissioner Hannan seconded the motion. The motion passed by a vote of 5 to 0.

5. Consideration of Approval to Host a Father—Daughter Dance at the Lady Lake Library (Mike Burske)

Parks and Recreation Director Mike Burske presented the background summary for this agenda item (on file in the Clerk’s Office). He stated this was an idea put forth by the Town Manager’s Administrative Assistant.

Mayor Richards asked if there were any questions or comments.

Commissioner Kussard commented that it is a good idea.

Commissioner Holden made a motion to approve the Town hosting a Father—Daughter Dance at the Lady Lake Library. Commissioner Hannan seconded the motion. The motion passed by a vote of 5 to 0.

6. Consideration of Approval of the Appointment of Three Members and Two Alternate Members to the Disciplinary Arbitration Panel; to Include Recommended Terms for These Appointments (Maureen Gochee)

Human Resource Director Maureen Gochee 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 thanked the applicants for this panel. She noted that the Police Benevolent Association (PBA) conducted the interviews. She asked if the Town had any representation during these interviews.

Town Manager Kris Kollgaard stated that staff was able to sit in, although the interviews were conducted by the PBA. She stated the Commission must approve the appointments to this panel by ordinance and this is why all the applications were included in the Commission packet for review. She stated if the Commissioners have someone else they would like to see on this panel, they can make that recommendation and it can be taken back to the PBA.

Commissioner Kussard noted that per Mr. McNeely’s application, it appears that most of his career involved union activities. She voiced concern that he may not be non-partisan. She wondered if Mr. Johnson is a full-time resident of Lady Lake, and not a snowbird.

Mayor Richards replied that the provision of the ordinance is that members must be a resident of Lady Lake for a year.

Town Manager Kris Kollgaard confirmed that Mr. McNeely was not present at this meeting to answer any questions.

Commissioner Kussard stated she would like to know a little more of Mr. Greco’s background, whether he was involved in union activities or had a Human Resource background.

Dr. Charles Greco of 1011 La Mesa Lane introduced himself. He stated he spent his early years as a school superintendent in Pennsylvania and was involved in negotiations. He stated he was also a college professor and was involved in mediations, and he volunteered in state and federal prison systems.

Mayor Richards commented he was impressed with some of the backgrounds noted on the applications for this panel.

Commissioner Kussard thanked Mr. Greco for answering her questions. She stated she was extremely impressed with Mr. Nyce’s application and would like to see him as a member rather than an alternate. She questioned why no women were selected when there were three applications by women, although one woman was disqualified because she lived in Sumter County.

Commissioner Holden stated he would like to see a switch made to appoint Mr. Nyce as a member and appoint Mr. McNeely as an alternate instead.

Commissioner Vincent agreed that there were several women applicants that he felt should have been considered. He commented that in his opinion, a former union organizer should almost be disqualified from being on this panel.

Town Manager Kris Kollgaard asked that the Commissioners make recommendations and then those recommendations will go before the PBA. She confirmed with the Town Attorney that the PBA makes the selections, although the Commission must approve the selection, and the Commission can made suggestions for appointments.

Town Attorney Derek Schroth stated the Commission can make suggestions, although the PBA is the ultimate authority on this.

Mayor Richards led a discussion on this, stating any grievances have gone through the Town’s processes by the time it gets to the PBA. He stated members appointed to this panel should be able to understand what a union contract means and that the clauses are binding.

Ms. Kollgaard noted that the panel members should be able to look at both sides of an issue. She said the Town’s policies and procedures must be considered as well as the union contract.

Commissioner Kussard suggested that the Commissioners consider recommending Mr. Nyce for a one-year term, Mr. Johnson for a two-year term, and Mr. Greco for a three-year term as members, with Mr. Fronterio and Ms. Oliver-White appointed as alternates.

This item was tabled with the caveat that the Commissioners’ recommendation will be sent to the PBA for consideration, and then will be brought back before the Commission.

Mayor Richards asked for an all in favor vote of Commissioner Kussard’s recommendation, which was approved by a vote of 5 to 0.

I. Town Attorney's Report

7. Ordinance 2019-06 — First Reading — Replacing and Deleting Ordinance 2005-44 in its Entirety Regarding Sexual Predators (Robert Tempesta)

Town Attorney Derek Schroth read the ordinance by title only.

Police Chief Robert Tempesta 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 Reading of Ordinance 2019-06 as presented. Commissioner Holden seconded the motion. The motion passed by the following roll call vote:

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

8. Resolution 2019-104 — First and Final Reading — Side-Yard Easement Vacation and Relocation Request by Richard J. Palacios and Francis M. Burgado Santiago for Property Addressed as 246 Skyline Hills Dr., Referenced by Alternate Key 3793915 (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 noted that the Town’s Public Works Director has asked that the easterly ten feet of Lot 24 be turned over to the Town as an easement for access, and this utility easement has been granted by the applicants and was executed earlier today. Mr. Carroll stated the applicants are present if there are any questions.

Mayor Richards asked if there were any questions or comments, and hearing none, asked for a motion.

Commissioner Holden made a motion to approve the First and Final Reading of Resolution 2019-104 as presented. Commissioner Kussard seconded the motion. The motion passed by the following roll call vote:

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

9. Resolution 2019-105 (First and Final Reading) — In Support of Submitting an Application for the Planning Technical Assistance Grant to the Florida Department of Economic Opportunity (Thad Carroll)

Town Attorney Derek Schroth read the resolution by title only.

Growth Management Director Thad Carroll stated that staff is withdrawing this resolution request. He apologized and explained he was contacted by the consultant that the turn-around time to prepare for this grant would be too rushed. He stated there may be a better opportunity to receive a grant next year when a full evaluation of the comprehensive plan with Evaluation and Appraisal Report (EAR)-based amendments can be done. Mr. Carroll stated it is likely that the Town would have a better chance of being awarded a grant for a larger amount next year to cover a full review, whereas it would be less likely to be awarded a grant two years in a row.

J. Town Manager's Report

Town Manager Kris Kollgaard reminded everyone that there will be a Commission workshop held in June and the feasibility for updating the current community building will be a topic for discussion at the workshop. She stated the Community Service Awards ceremony is being held this Wednesday, May 8, 2019. Ms. Kollgaard stated three applications have been received thus far for the Charter Review Committee, with the applicants being from Wards One and Two.

K. Mayor and Commissioner's Report

Mayor Richards asked if there was anything to report. There were no comments.

L. Public Comments

Mayor Richards asked if there were any comments from the audience. There were no comments.

M. Adjourn

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

s/ Kristen Kollgaard, Town Clerk

s/ Jim Richards, Mayor

Minutes transcribed by Nancy Slaton, Deputy Town Clerk

Note: The original signed documents are on file at the Town Clerk’s office. Copies are available upon request.