A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
MAY 5, 2009
The Lake County Board of County Commissioners met in regular session on Tuesday, May 5, 2009 at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Welton G. Cadwell, Chairman; Jennifer Hill, Vice Chairman; Elaine Renick; Linda Stewart; and Jimmy Conner. Others present were: Sanford A. “Sandy” Minkoff, County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager’s Office; Neil Kelly, Clerk; Barbara F. Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.
INVOCATION and pledge
Reverend Leon Bloder, First Presbyterian Church of Eustis, gave the Invocation and led the Pledge of Allegiance.
Ms. Cindy Hall, County Manager, asked that Tab 18, a request from Public Works for approval of an amendment to the Master Plan for North Lake Community Park, be moved from the County Manager’s Consent Agenda to Departmental Business, for discussion and approval.
Commr. Cadwell stated that he would like to add to the Agenda, under his Reports, a discussion regarding the issue of impact fees, which might require action by the Board.
Commr. Conner interjected that he would like to add to Tab 18 a discussion regarding restrooms at the North Lake Community Park.
On a motion by Commr. Stewart, seconded by Commr. Conner and carried unanimously, by a 5-0 vote, the Board approved to add said items to the Agenda.
Regarding the Minutes of April 7, 2009, Commr. Renick requested the following:
On Page 17, Lines 19 through 21, add additional language, for clarification purposes, or delete said language.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board approved the Minutes of April 7, 2009 (Regular Meeting), as amended.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Renick, seconded by Commr. Conner and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Tabs 1 through 8, as follows:
List of Warrants
Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk’s Office.
Annexation Ordinance from City of Minneola
Request to acknowledge receipt of copy of Ordinance No. 2008-14, for voluntary annexation into the City of Minneola of approximately 87.44 acres of property generally located south of Citrus Grove Road and both east and west of Grassy Lake Road, rezoning the property from County “A” (Agriculture) to “PUD” (Planned Unit Development) within the City of Minneola.
Certificate of Authorized Officer of Covanta Lake, Inc.
Request to acknowledge receipt of Certificate of Authorized Officer of Covanta Lake, Inc., for the fiscal year ended December 31, 2008, stating that Covanta Lake II, Inc. is in compliance with all indenture covenants, pursuant to Section 8.04 of the Loan Agreement dated November 1, 1988, between Covanta Lake, Inc. and Lake County.
Southwest Florida Water Management District’s Comprehensive Annual Financial Report for Fiscal Year Ended September 30, 2008
Request to acknowledge receipt of CD of the Southwest Florida Water Management District’s Comprehensive Annual Financial Report (CAFR) for the fiscal year ended September 30, 2008, in compliance with Sections 373.5071 and 373.536(6), Florida Statutes; and copy of the Southwest Florida Water Management District’s Annual Local Government Financial Report for Fiscal Year 2007/2008.
Horseracing Pari-Mutuel Wagering Facility and Cardroom Referendum Resolution from City of Clermont
Request to acknowledge receipt of Resolution No. 1610, from the City of Clermont, expressing its support of a referendum regarding a horseracing pari-mutuel wagering facility and cardroom being proposed for the City of Minneola. Done and Resolved by the City Council of the City of Clermont on the 14th day of April, 2009.
Notice Before Florida Public Service Commission
Request to acknowledge receipt of Notice Before the Florida Public Service Commission:
Commission Conference Agenda
Tuesday, April 21, 2009, 9:30 a.m.
Betty Easley Conference Center
Joseph P. Cresse Hearing Room148
Docket No. 080632-EU – Joint petition for approval of amended territorial agreement in Sumter, Lake, Marion, Citrus and Levy Counties by Sumter Electric Cooperative, Inc. and Progress Energy Florida, Inc. (Deferred from the February 10, 2009 Commission Conference, revised recommendation filed.
Notice Before Florida Public Service Commission
Request to acknowledge receipt of Notice Before the Florida Public Service Commission:
Progress Energy Florida
Docket No. 090079-EI
Minimum Filing Requirements
Section A – Executive Summary Schedules
Projected Test Year 2010
Notice Before Florida Public Service Commission
Request to acknowledge receipt of Notice Before the Florida Public Service Commission:
In re: Order No. PSC-05-0945-S-EI; Docket No. 050078-EI; Progress Energy Florida, Inc.’s Synopsis of March 20, 2009 Rate Request, in accordance with Rule 25-22.0406(4)(a), F.A.C.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 19, pulling Tab 18, for discussion, as follows:
Request for approval to submit an electronic application for the Bureau of Justice Assistance FY 2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG), in the amount of $367,790; Designate Detective Corporal Todd Rowley as the Program Contact Person and Mr. Fletcher Smith, Community Services Director, as the Alternate Program Contact Person, designated by the Board to serve as day-to-day contact on program related matters, including completing this application, accepting the grant award, reporting, and other activities related to this grant (Program Contact Person and Alternate have the ability to bind Lake County to all terms and conditions related to this grant, including report requirements); and authorization for the Chairman to sign any related documents (as may be required).
Request for approval of Resolution No. 2009-59, to receive Florida Healthy Kids Corporation award, in the amount of $3,000, as unanticipated revenue, to support Florida KidCare Outreach activities; and authorization for the chairman or designee to sign the contract and any support documents.
Request for authorization to fill the vacant Regional Branch Manager position at the Cagan Crossings Library.
Request for approval of the Funding Agreement between Lake County and the Lake County Water Authority, to fund the annual maintenance of the Lake County Water Resource Atlas.
Request for approval and execution of the term and supply contract to Advanced Commercial Contractors, Inc., Hewitt Contracting Company, Inc., and Cross Environmental Services, Inc., to provide demolition services throughout Lake County.
Request from the Communications Technologies Division for approval and execution of Fund Resolution No. 2009-60, for 2008 UASI funding of the Mobile Communications Intel Repeater (Sustainment).
Request from the Communications Technologies Division for approval of Fund Resolution No. 2009-61, for 2008 UASI P25 Overlay Migration.
Request for approval and execution of Modification No.1 to the Agreement between Lake County and the State of Florida, Division of Emergency Management, awarding funds for construction or improvement of the Lake County Emergency Operations Center (EOC), under Chapter 2006-71, Laws of Florida (House Bill 7121), by the Lake County Board of County Commissioners.
Request for approval and execution of Modification No.1 to the Agreement between Lake County and the State of Florida, Division of Emergency Management, awarding funds for construction of the Lake County Emergency Operations Center (EOC), under General Appropriation 2227A, by the Lake County Board of County Commissioners.
Request from the Communications Technologies Division for approval of the submitted Change Order for the Public Safety Interoperable Communications (PSIC) Grant Program and the awarded Orlando Urban Area Security Initiative (UASI) Fund Resolution (approved under Tab 8) - P25 Overlay Migration funds. All funding is being provided through the PSIC Grant and UASI Grant, as separate projects. No additional funds are necessary to complete the Change Order. The Change Order is contingent upon approval of the State of Florida PSIC Grant contract, the PSIC Fund Resolution, and the UASI Fund Resolution agenda items on this Agenda.
Request from the Communications Technologies Division for approval of the submitted State of Florida contract and the associated Fund Resolution No. 2009-67, for the award of $3,000,000, to participate in the Public Safety Interoperable Communications (PSIC) Grant Program. No funds are necessary to complete the grant. The Contract is contingent upon the approval of the Motorola Contract Change Order and agenda item on this Agenda.
Request for approval and execution of the Amendment to the Interlocal Agreement between Lake County and the City of Mount Dora.
Request for approval and signature on Resolution No. 2009-62, authorizing the posting of "STOP" signs with All Way plaques on Cedarwood Way (0163B), at the intersection of Woodcrest Way (0163) and at the intersection of Clear Creek Circle and Woodcrest Way, in the Four Corners area - Commissioners District 2.
Request for authorization to release a performance bond, in the amount of $3,591,436.92; and accept a maintenance bond, in the amount of $144,324.21, as surety for a Developer’s Agreement between Lake County and Groveland BFG Lakeshore, Ltd., regarding Hartle Road - Commission District 2.
Request for authorization to release cash funds for construction of improvements, in the amount of $97,720.00, that was posted for Harbor Hills, Phase 6A. Harbor Hills, Phase 6A, consists of 70 lots and is located in Section 13, Township 18 South, Range 24 East - Commission District 5.
Request from Tourism for approval of Proclamation No. 2009-63, designating May 9 – May 17, 2009 as National Tourism Week.
COUNTY ATTORNEY’S CONSENT AGENDA
Commr. Conner asked that Tab 20 be pulled, for discussion.
On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved the County Attorney’s Consent Agenda, Tabs 21 through 23, pulling Tab 20, for discussion, as follows:
Request for approval of the Progress Energy Lighting Service Contract for the Sheriff’s Maintenance Facility, located at 1925 East McDonald Avenue, in Eustis; and authorization for the Chairman to execute the Lighting Service Contract document - Commission District 4.
Request for approval and execution of the Declaration of Restrictive Covenants for Phase I of the Judicial Center Expansion Project - Commission District 3.
Request for approval of the Settlement Agreement for the Big Pine Island Homeowners Association vs. Lake County - Commission District 5.
The Chairman presented the following employee awards, with Ms. Kasie McAdams, Employee Services Manager, commenting briefly about each employee’s service to the County:
Presentation of Award to Employees with Five Years of Service
Kevin Allen, Roads Maintenance Operator
Public Works/Road Ops/Maintenance Area II (Minneola)
Susan Irby, Employee Services Manager
Employee Services & Quality Improvement
Katrina Spann, Right-of-Way Agent II
Presentation of Award to Employees with Ten Years of Service
Philip Aldrich, Fire Lieutenant/EMT
Public Safety/Fire Rescue
Debbie Fore, Environmental & E-Cycling Coordinator
Environmental Utilities/Slid Waste Programs
Presentation of Award to Employees with Twenty Years of Service
Walter Wood, Senior Hydrogeologist
Environmental Utilities/Mosquito and Aquatic Plant Management
Presentation of Award to Employee with Twenty-Five Years of Service
Susan Nies, Office Associate IV
Community Services/Probation Services
Presentation of Award to Employee of the Quarter
Ed O’Malley, Impact Fee Specialist
Growth Management/Development Processing
Presentation of Award to Supervisor of the Quarter
Scott Grippin, Aquatic Biologist/Supervisor
Environmental Utilities/Mosquito and Aquatic Plant Management
North American Occupational Safety and Health Week and professional day proclamation and 2009 “SAFETY-ON-THE-JOB” KIDS POSTER CONTEST WINNERS
Certificates were presented to the following children, who were the 2009 “Safety-on-the-Job” Kids Poster Contest Winners, in celebration of the Lake County Board of County Commissioners’ Proclamation, proclaiming May 3-9, 2009, to be North American Occupational Safety and Health Week, and May 6, 2009, to be Occupational Safety and Health Professional Day, at which time brief comments were made by Mr. Dave Merrill, Office of Employee Services, Quality Improvement Division, about each child’s poster and the fact that North American Occupational Safety and Health Week is intended to raise awareness about occupational safety, health, and the environment:
Seth Brown, age 6 (Employee/Parent–Rebecca Brown, Office of Information
Gavin Heffler, age 11 (Employees/Parents–John Heffler, Department of Community
Services and Cindy Heffler, Department of Environmental Utilities)
Tyler Marie Irby, age 5 (Employee/Parent – Susan Irby, Office of Employee Services and
Isbel Ohlinger, age 5 (Employee/Parent–Nadine Ohlinger, Office of Employee Services
and Quality Improvement)
Ms. Helena Osborne-Ponsi, Volunteer Coordinator, Community Services, addressed the Board and discussed the issue of VolunteerLAKE, the County’s volunteer center, which is housed in the Community Services Department, at which time she gave the Board a brief overview of the volunteer program, noting that it has been with the County since 1993. She indicated that, in August of 2006, as part of the transformation into a volunteer center, the name was formally changed to VolunteerLAKE and, as a volunteer center, their responsibilities expanded and they became a key resource for volunteer involvement in the community. They provide a variety of functions, including bringing people and community needs together, through a wide range of programs and services, based upon community needs, demographics, population size, etc. She discussed VISTA initiatives, stating that VolunteerLAKE was awarded three AmeriCorp VISTA members, whose services help increase the capacity for low income communities across the Country to solve their own problems, with their goal being to lead beneficial programs that can be replicated and sustainable, noting that there is no cost to the County for their services – everything is done directly out of Washington, D.C. and Atlanta, Georgia. She discussed the Hands On Network/Points of Light Institute affiliation with VolunteerLAKE and The Annie E. Casey Foundation Neighboring Initiative, indicating that the County was fortunate enough to get $5,000 to support its current neighboring initiatives, noting that there is no cash or in-kind match associated with it – it is specifically to help the County continue the work that it is doing in the community. She informed the Board that VolunteerLAKE received from the Corporation of National Community Service a best practices commendation for VISTA reporting and documentation, which is going to be used nationally. She commented that a leading international manufacturer of electrical and mechanical motion control components, which is headquartered in Wisconsin, brought its Board of Directors and their top 127 executives from North America, Europe, and Asia to perform 508 hours of volunteer service and a half day, and VolunteerLAKE is going to attempt to do more of that sort of outreach.
Ms. Ponsi informed the Board that VolunteerLAKE recently awarded 113 volunteers with the President of the United States’ Volunteer Service Award and, by doing so, have seen an increase in the number of people who want to volunteer. She stated that she was invited by former President George W. Bush to the White House on September 8, 2008, when he addressed the Nation with the State of Volunteerism in America; she has been elected Treasurer of the Florida Association of Volunteer Centers, which held its 25th Annual Meeting and Conference in Lake County in November of 2008; in April of this year, Governor Charlie Crist invited her to his Celebration of Volunteerism in Tallahassee; she was invited to Washington, D.C. for National Volunteer Week 2009 – the Extra Mile Induction Ceremony; and she was invited to the National Volunteer Week Reception, in Washington, D.C., celebrating volunteers from across the Nation and honoring Senator Edward M. Kennedy and Senator Orrin G. Hatch, noting that VolunteerLAKE was one of only 20 volunteer centers from across the Nation who were so honored to attend. She stated that VolunteerLAKE is doing very good work in the County.
The Chairman commended Ms. Ponsi and VolunteerLake for the work they do, noting that it is an amazing program and the County needs to remember that during the budget process.
EXECUTIVE COMMITTEE MEETING REPORT
Commr. Cadwell stated that the Executive Committee, which is the Committee that consists of the School Board, all the Constitutional Officers, and the Sheriff, met yesterday and had a discussion regarding the Swine Flu, at which time Ms. Sheri Hutchinson, Public Information Officer, Lake County Health Department, addressed the Board and gave them a brief update on the Swine Flu, noting that Seminole County has their first probable case of it, so they are working very closely with their schools and looking at closing one of them. She stated that there are five confirmed cases of Swine Flu in the State of Florida and there are a total of 279 cases nationwide, with one death in Texas. She commented that there are currently 36 states that are affected, at which time she reviewed precautions that people should take to avoid contracting it.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
WATER ALLIANCE VISIONING SURVEY
Mr. Gregg Welstead, Conservation and Compliance Director, addressed the Board and requested approval of their input to the Water Alliance Visioning Survey, thanking them for taking the time to fill it out, at which time he distributed, for their perusal, a handout containing the information that they had provided for said survey. He stated that the Water Alliance has been active for approximately three years and, over the course of time, they were charged with putting together a water supply plan for Lake County, which was accomplished, however, noted that, since that time, they have been trying to figure out what their role should be and engaged a consultant earlier in the year, to put together the survey before them. He indicated that they will come back to the Board in June of this year with an outline of where the group believes they should go in the future.
It was noted that, according to the individual Commissioners’ answers given on the survey, the Board is pretty much in agreement on the matter.
MOTOROLA SERVICE AGREEMENT AMENDMENT
Mr. Greg Holcomb, Communications Technologies Director, Public Safety Department, addressed the Board stating that this item was developed on a departmental basis, due to the fact that five distinct items were being added to the amendment of the existing maintenance contract.
On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from Public Safety for approval of the Motorola Service Agreement amendment, as presented (UASI Grant Fund Resolution to offset the fiscal impact of this request was approved under Tab 8).
AMENDED BUDGET FOR FISCAL YEAR 2008/09
Mr. Doug Krueger, Budget Director, addressed the Board and requested approval of the mid-year budget amendment, noting that it adjusts the fund balances to reflect the actual fund balances, as identified in the Comprehensive Annual Financial Report (CAFR). He indicated that, in consultation with the Clerk’s Finance Office, his office is adjusting the grant revenues and expenditures to reflect actual revenues and expenditures at this point in time, and staff is adjusting other revenues and expenditures downward to reflect the Fiscal Analysis that was presented to the Board in March of this year. He stated that the actual reduction is $7.1 million, reducing the Operating Budget from $394.2 million to $387.1 million. He commented that the packet that was given to the Board earlier in the week contained more detail about the budget.
Commr. Conner informed the Board that he received a call from the County Manager prior to this meeting and asked that she inform the Board about the shortfall that is being anticipated for next budget year.
Ms. Cindy Hall, County Manager, stated that Mr. Krueger had received a call from the Property Appraiser indicating that property taxes will be down approximately $6.5 million next budget year, so staff is struggling with that and will be discussing it further with the Board at the next Budget Workshop.
Commr. Conner stated that the Board needs to keep in mind the fact that they are facing some serious budget cuts next year.
The Chairman opened the public hearing.
No one present wished to address the Board.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board approved a request from the Budget Office for approval of the Amended Budget for FY 2008/09, which is to include a mid-year budget amendment, and approval of Resolution No. 2009-64, adopting a Supplemental Budget for FY 2008/09.
COUNTY ATTORNEY’s consent agenda (cont’d.)
amendment to lease agreement for public works office space
Mr. Sandy Minkoff, County Attorney, stated that the request before the Board was for renewal of a lease agreement for the Public Works Office in Eustis, noting that it was crafted at the time that it was felt Public Works would be moving onto county property located south of Tavares, but that has not occurred. He commented that, in renewing the lease, staff has requested that the landlord reduce the rent from $15 to $12 per square foot. He indicated that the lease has an out, in that, should a county building become available, with 60 days notice, the County can terminate the lease. He noted that it has a three year renewal, with a second three year renewal. He stated that a question was asked about possibly reducing the square footage of the building, but, for the most part, it is full, noting that some Public Works employees are in another building and the Public Works Director would like to move them into this building, but he does not have the space to do it.
Commr. Conner referred to Section 5. – Right to Terminate, on Page 2 of the lease agreement, noting that it currently states that the only right the County has to terminate the lease is if another county building becomes available and it seemed to him that, if the County could have a broader terminology in the language, it would be more to the County’s advantage, therefore, suggested that the language after the word “notice” be stricken.
Discussion occurred regarding the matter, at which time the County Attorney stated that the language Commr. Conner referred to is language that was in the initial lease agreement and was not discussed during the renewal conversation with the landlord. He remarked that the lease agreement also has a non-appropriation clause that would allow the County to terminate it. He stated that there is a fairly short timeframe involved, because the lease expires this summer, but staff can see if the landlord approves of said change.
On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval of an amendment to the lease agreement for the Public Works office space, located at 437 Ardice Avenue, in Eustis, with the following language being stricken from Section 5. – Right to Terminate, on Page 2 of the lease agreement: “…in the event a county owned building becomes available to COUNTY for occupancy during the term of said lease or renewal term for the purpose for which this space is being leased.”, with a stipulation that the landlord approve of said language being stricken - Commission District 4.
The County Attorney noted that, if the landlord refuses to accept said language being stricken from the lease agreement, he will bring it back to the Board for further action.
REPORTS – COUNTY MANAGER
horseracing pari-mutuel wagering facility and cardroom
Ms. Cindy Hall, County Manager, stated that the County received a Resolution from the City of Minneola, requesting the Board’s consideration of a referendum for a Horseracing Pari-Mutuel Wagering Facility and Cardroom, to be located within the City. She stated that she spoke with the Supervisor of Elections, Ms. Emogene Stegall, about the matter and was informed that, should the Board grant authorization for said referendum, it will take place within a 90 day period, and it will need to be countywide and specific to the site that the City of Minneola has requested. She commented that the cost for the election will be approximately $400,000 and she has no indication where that money will come from at this time.
Mayor David Yeager, City of Minneola, addressed the Board stating that he came up with the idea of a Horseracing Pari-Mutuel Wagering Facility and Cardroom at one of their council meetings, because he feels the City needs to look outside the box and figure out how to bring economic development to south Lake County. He stated that he attended a number of economic development meetings and the reality is that, if your name is not Orange County, you are not getting any jobs. He commented that Minneola needs to reinvent itself and that is what this request is all about, noting that, in four years, it has only had 90 building permits for houses, but has annexed over 4,000 acres, so they have got to figure out a way to get their economy stimulated. He remarked that there are tons of developers, but they cannot do anything, because the banks will not lend them money to go forward.
Mayor Yeager stated that the City needs to diversify and the pari-mutuel wagering facility and cardroom will do that. He stated that a luxury hotel has been in the master plans for the hills of Minneola for the past ten to fifteen years - the City has always had an image of what it was going to do. He commented that it is a win/win situation, noting that he sees it as bringing economic development into south Lake County. He remarked that, until Orange County runs out of land, Lake County has got to figure out a way to bring economic development into the County, because Orange County is getting the jobs. He stated that Minneola is a great community and could be a destination, by having the pari-mutuel wagering facility and cardroom, and he feels it would be incredible for them to have the first indoor downhill skiing facility on Sugarloaf Mountain, as another way of bringing economic development into the area, instead of having 450,000 gallons of water per day going towards keeping a golf course green. He noted that approximately 10,000 people reside in Minneola and 82% of them have indicated that they feel the residents of Lake County should vote on the matter and that is what this request is about – it is not about gambling. He stated that it is a one shot deal, so, if the people say “No”, it is “No” forever. He remarked that the City and the County have money issues and he is just trying to make a difference.
Commr. Renick questioned whether it was something the Mayor’s constituents wanted for their city and was informed by Mayor Yeager that, if it was a Minneola issue, he would not be standing in front of the Board this date, but it is not a Minneola issue. She stated that the reality of it is that, if approved, by the time everything occurs that needs to occur, it is going to be years from now before the facility is constructed and then, when the economy gets better, Minneola is going to be stuck with gambling. She stated that she could not support the request.
Commr. Hill clarified the fact that it is going to be a single issue referendum; it is to be a countywide vote; it is going to cost approximately $400,000 to construct the facility; the Mayor is asking the County to pay for it; and it is going to impact the City of Minneola, so the whole County could vote in favor of it, but Minneola could vote against it. She commented that, when the Board looked at increasing the Tourist Development tax, they took the matter to the County’s Tourist Development Council, to see what venues they would like to see within the County and they had a vision, which the Board accepted, but she does not recall gambling being on the top of their list. She questioned whether Mayor Yeager had gone before the Tourist Development Council and was informed that he had not.
Commr. Stewart stated that she was all for letting the people decide about this issue, but she feels the people that are going to be living with it should be the first ones to decide whether they want it in their community or not.
Commr. Cadwell interjected that he feels it will be a waste of energy to have an issue out there that is going to be as divisive as this one.
Commr. Conner stated that gambling, poker rooms, pari-mutuel facilities, etc. are not identified as desired businesses in the County’s master plan for economic development. He indicated that he feels Mayor Yeager has good intentions, but his concern about the matter is along the lines of what Commr. Renick stated, which is that, in bad economic times, one gets shortsighted and then when the economy turns around the County will be stuck with an inferior and lower quality of life, because one’s standard of living was sacrificed in the short-term to the detriment of the long-term. He noted that he voted against the Florida Lottery, because he did not believe what they were saying about it, commenting that it has not created significant additional dollars at all – all it did was reshuffle them. He remarked that his concern about this request is that it may sound good, but there are practical problems that he was not going to get into, with regard to gambling and the detriment of it.
On a motion by Commr. Renick, seconded by Commr. Conner and carried unanimously, by a 5-0 vote, the Board denied a request for approval of a Resolution from the City of Minneola, in support of a referendum for a Horseracing Pari-Mutuel Wagering Facility and Cardroom, to be located within the City.
RECESS AND REASSEMBLY
At 10:05 a.m., the Chairman announced that the Board would take a ten minute recess.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS (CONT’D.)
North Lake Community Park Master Plan
Mr. Bobby Bonilla, Parks and Trails Division Director, Public Works Department, addressed the Board stating that, since he has been with the County, the master plans and conceptual plans for a lot of the parks in the County - PEAR Park being an example, have had to be reexamined and reworked, to make them work better for the community and the users. He stated that the Master Plan for North Lake Community Park was another one, noting that it was four years old and needed to be reassessed, to see what needed to be changed or modified, and due to the fact that more people with dogs are using the park, staff felt there should be an area to meet their needs and allow their dogs to run unleashed, but safety was their first priority. He commented that they wanted to keep the area contained, avoiding the ball fields and the playground, in an effort to keep the park clean, safe, and attractive.
Discussion occurred regarding the popularity of the dog parks and whether there is enough money in the budget for a dog park at North Lake Community Park, as well as some additional restrooms that are needed at the park.
Commr. Conner reminded the Board that the County is facing an $8 million budget shortfall next year, which concerns him. He stated that they are going to have to identify the County’s wants, needs, and priorities and feels that the timing may not be right to spend what it is going to cost to have a dog park at North Lake Community Park, in that it sends the wrong message to people, at which time he discussed the fact that there has been an increase in the number of identified homeless students, from 313 to 730 in one year, and the fact that students on free and reduced lunches has increased from 43% to 49.4%. He stated that there is a need for additional restrooms at the park, but a fence for a dog park is not a need – it is a want, and it involves a $17,634 expenditure. He feels, given the anticipated $8 million budget shortfall, it is not consistent with what he believes the County should be spending its money on at this point in time, in that he feels there are more pressing needs, the additional restrooms at the park being one of them. He further stated that, if one were to look at the Ordinance that created the Parks, Recreation and Trails Advisory Board and the Purpose of said Board, it states that they are to consult with county staff and the municipalities and advise and make recommendations to the Board of County Commissioners on matters relating to recreation and open space, and the Duties of said Board states that they are to advise and make recommendations to the Board of County Commissioners relating to the planning and implementation of leisure time programs and establishment of facilities. He remarked that the dog park was not in the Master Plan for North Lake Community Park and has not gone before the Parks, Recreation and Trails Advisory Board, so he does not feel the process that the County’s own rules established is being followed, with regard to this request.
Commr. Cadwell interjected that the reason this request was not brought before the Parks, Recreation and Advisory Board is that dog parks, in general, have been endorsed by that Board. He stated that the money to construct the additional restrooms will come out of MSTU funds, which are collected in the unincorporated areas of the County to pay for recreation and some road projects that the County does in the rural areas, and there is currently about $200,000 in that Reserve, which he feels should cover the cost for the restrooms.
Upon being questioned as to what it will cost to construct the restrooms, Mr. Bonilla stated that the County could put a $100,000 cap on it, which he felt should cover the cost of site plan engineering, septic, the drawings, and construction of the restrooms. He noted that they had originally been budgeted for next fiscal year, so those funds could be used in other ways.
Commr. Cadwell stated that, in his opinion, if there were two more parks in the County like North Lake Community Park, the County would become a destination and there is tourism money in it, so he feels improving the parks is a good thing.
Commr. Renick commented that, as much as she wants the park in south Lake County and as much as she fought for it last year and made sure that that money was still set aside for it, it does not change her decision regarding North Lake Community Park, because she feels the County needs to take the park that it is in the midst of developing and finish developing it and then move on to the next one.
A motion was made by Commr. Renick and seconded by Commr. Stewart to approve a request from Public Works for (1) Approval for the addition of a Dog Park in the North Lake Community Park Master Plan; (2) Approval of the installation of a chain link fence, with gates, at the Dog Park; (3) Approval to award a contract, in the amount of $17,634.00, to Fence-It (low bidder), located in Leesburg; and (4) Approval of BUA 2009-08.4, requesting the transfer of funds from PEAR Park - 4006 to North Lake Community Park - Project 40002, to erect the fencing - Commission District 5.
Under discussion, Commr. Stewart stated that, if one were to go to Umatilla and talk to anybody there, they will tell you that North Lake Community Park is the place to be. She stated that, as soon as everybody gets off work, they go to that park, so it is being used and the residents love it. She informed Commr. Conner that the entire Board realizes the difficult situation in the County and, if they could use the money that will be spent on the dog park to do other things, such as help homeless people, they would do it, without hesitation, but MSTU funds are designated for specific things, such as the dog park, and cannot be used for other things that they would love to use it for, such as helping homeless people, and she did not want to blur the two issues.
Commr. Conner stated that he takes no offense to people opposing his position, noting that he ran for the Board of County Commissioners, because he thought that county government was too big, doing too much for too many and that he is going to continue to advocate that, even in the face of the Federal Government creating an environment where everybody expects the Government to do for them. He stated that fiscal restraint and priorities is something the Board really needs to implement, at which time he commented that the points that were made about the funds having to be designated for certain things was very well taken, but, when the County is in the middle of a recession and businesses are laying people off, to spend the level of money that is being requested, he feels sends a message that is unwise for the Board.
The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
A brief discussion occurred regarding the issue of the restrooms, at which time it was the consensus of the Board that said issue go to the Parks, Recreation and Trails Advisory Board for a recommendation, before bringing it to them for a vote.
REPORTS – COMMISSIONER HILL – VICE CHAIRMAN AND DISTRICT 1
metropolitan planning organization advisory council meeting
Commr. Hill informed the Board that she had a working weekend with the Metropolitan Planning Organization Advisory Council in Tampa and that it was very intense and took them from the Federal, State, and local level, not only with regard to transportation issues, but also the County’s authority and responsibilities regarding an MPO. She noted that she would be preparing a full report, which she will present to the LSMPO at an upcoming meeting.
Commr. Hill stated that the Board recently had a major discussion regarding the Wekiva Parkway, with regard to tolls, and questioned whether they would be agreeable to holding a joint meeting with the Seminole County Commission and discuss the possibility of both counties having a seat on the Expressway Authority, so that they are not on the tail end of decisions that are being made or not made, when issues arise. She discussed Old Hwy. 46 and the fact that there is a bridge located there and that, hopefully, a trail is going to connect the two counties. She stated that she would like for this Board to sit down with the Seminole County Board of County Commissioners and discuss some of the issues with them, because Lake County is going to be close neighbors with them very soon, due to the Expressway going through both counties. She indicated that she did not think the County has ever had a joint meeting with Seminole County.
Commr. Stewart interjected that she did not mind sitting down with the Seminole County Board of County Commissioners and discussing issues that involve them and Lake County, however, noted that Lake County is not getting in on the tail end of any decisions that are being made by the Expressway Authority, indicating that the County is currently in discussions with them and is on top of all the issues. She stated that the Expressway Authority is very open to hearing what Lake County has to say about the Wekiva Parkway and that Seminole County’s issues with the Expressway Authority are different than Lake County’s issues, which she elaborated on. She commented that they are discussing the issue of the trail, as well.
Commr. Hill stated that this is the first time that Lake County has had an expressway come through it and, whether Seminole County has a seat on the Expressway Authority or not, she feels it would be beneficial for Lake County to have a permanent seat on the Expressway Authority.
The Chairman noted that he would get together with Mr. T. J. Fish, Executive Director of the Lake-Sumter Metropolitan Planning Organization, and Ms. Cindy Hall, County Manager, regarding Commr. Hill’s suggestion, and figure out some type of format for handling it, since most of it is going to be transportation type issues.
REPORTS – COMMISSIONER RENICK – DISTRICT 2
TACTICAL TRAINING CAMP MANEUVERS IN SOUTH LAKE COUNTY
Commr. Renick discussed some maneuvers that have been taking place at a tactical training camp in south Lake County, noting that they died down for a while, but have started back up with a vengeance, at which time she referred to a letter that was sent to the Board by Mr. Donald Bronson, the owner of Bronson Ranch in Clermont, explaining what is occurring at the training camp. She stated that explosions from the camp shook windows five miles away and, although the group may be a legitimate one, they do not have the zoning to do what they are doing.
Mr. Gregg Welstead, Conservation and Compliance Director, addressed the Board stating that the company is an international company and has facilities in undisclosed locations in a number of areas. He stated that the parent company is in England, but there is also an office in Tampa, Florida, and he was under the impression that the people who are using it at the present time are with the Department of Defense and the National Guard.
It was noted that the Sheriff’s Office is aware of it and has sent some deputies to the training camp to investigate the matter.
REPORTS – COMMISSIONER CONNER – DISTRICT 3
LAKE COUNTY LEAGUE OF CITIES’ LUNCHEON
Commr. Conner informed the Board that, with the help of Mr. Jim Myers, Finance Director, City of Eustis, the new Executive Director for the Central Florida Sports Commission, Mr. Sam Starke, is going to be speaking at the Lake County League of Cities’ Luncheon. He commented that staff is trying to heighten awareness about the County’s new North Lake Community Park, and that Lake County’s Superintendent of Schools, Ms. Susan Moxley, is graciously allowing her athletic director to attend the luncheon, in order to make the School System aware of some of the opportunities that are out there.
PHASE II OF DOWNTOWN TAVARES CONSTRUCTION PROJECTS
Commr. Conner stated that he asked the County Manager to give the Board a timeline on when they are going to be presented with information on Phase II of the Downtown Tavares Construction Projects and that he is anticipating she will be giving them that timeline before long.
Commr. Conner remarked that he had asked the Board at the last Board Meeting what the process was for making suggestions about the budget and was informed by the Chairman that he just needed to put them in writing and hand them out, at which time he distributed a packet containing a memorandum from him to the County Manager, along with some suggestions that he has for the budget. He stated that he hoped the Board would get the flavor for what is going on in other parts of the State, noting that they are going to be in for some challenging times, as they go through the budget process this year.
The Chairman thanked Commr. Conner for his suggestions, noting that it would give the Board time to look at them, before the next scheduled Budget Workshop.
REPORTS – COMMISSIONER STEWART – DISTRICT 4
CONTRACT WITH MOTOROLA
Commr. Stewart informed the Board that, with regard to Tab 26, a request from Public Safety for approval of the submitted Motorola Service Agreement amendment, with regard to the UASI Grant, when the County first entered into the contract with Motorola, there were some questions about the Procurement process and asked that it be explained again, noting that the State indicated that county staff had done a good job and that she would like to make it a matter of public record.
Mr. Greg Holcomb, Communications Technologies Director, Public Safety Department, addressed the Board, in response to Commr. Stewart’s request, stating that, when staff went through the process for the Motorola Service Agreement amendment, in relation to the UASI Grant, utilizing Procurement Services’ guidelines, the field was narrowed down to only qualified applicants. He stated that two companies bid on the contract, but one of them confirmed that they could not provide the means that the County needed in its system, so they were disqualified, which left the County with only the one company. He commented that they went through a negotiation process, but the County received a lot of public scrutiny, claiming that the process was not a true “bid” process. He noted that staff followed the guidelines of Lake County and Procurement Services, but they did not do a bid, because there were not enough qualified applicants to do one. He informed the Board that the grant involved with this request requires the County to go through a competitive bid process, so staff forwarded the paperwork involved with the request to the State, for their recommendation, as to whether the County did or did not meet the competitive bid process and was informed by the State, in writing, that the process that was used met the competitive bid process for both the Federal and the State guidelines and that the County could proceed forward with the grant, under those guidelines, which reevaluated and restated what they had already communicated to the public and to the Board.
Commr. Stewart stated that she feels very confident in the company that was chosen, noting that the other company has had some considerable problems and people who have used them have sued them for not producing what they promised. She feels staff definitely made a wise choice for the County.
DEPARTMENT OF HEALTH RULE MAKING IN WEKIVA STUDY AREA
Commr. Stewart presented the Board with a request for approval of a Resolution regarding the Department of Health’s rule making in the Wekiva Study Area, noting that they believe on-site sewage systems are a major contributor of nitrogen in the Wekiva Study Area, indicating that they conducted studies in 2005 and 2007 and feel that their studies were sound. Their rule will require the replacement of existing septic systems with performance based treatment systems, upon completion of any real estate transaction for property within the Wekiva Study Area, if not served, or proposed to be served, by a central sewer system by July 1, 2012. She stated that the rule also states that the Department of Health study shall consider the replacement of failing systems and systems not meeting current standards and provide funding mechanisms for supporting a septic tank inspection and maintenance program. She further stated that the Resolution indicates that the Board wishes to express its opposition to the adoption of the proposed rule by the Department of Health, as written, and wishes to express its opposition to the adoption of any rule by the Department of Health, which would make Lake County residents replace existing, working, on-site disposal systems, unless funding is provided by the State of Florida, to reimburse such residents for the cost incurred for replacement and maintenance, as it would be a financial burden to the residents of the County and is not financially feasible, as proposed. She remarked that the Board does support wastewater treatment standards needed to achieve nitrogen reduction in the Wekiva Study Area, because the Wekiva has been designated as a “Wild and Scenic River”, and it is an area that is important to the environment of Florida. She indicated that the Board is requesting that the Executive Office of the Governor, the Florida Department of Health, and the Florida Department of Environmental Protection review the facts of the $1 million appropriation for the multi-year study and determine whether the appropriation of funds for said study provides sufficient cause to delay final adoption of the rule by the Department of Health. She stated that the Resolution goes on to say that, if the Department of Health pursues rulemaking, the Board recommends that the proposed rule be amended, to require installation of a performance based on-site sewage treatment system, only upon expansion or replacement of an existing system, or for new development.
Commr. Conner noted a concern he had about the word “reimburse”, on Page 2, Line 13, of the Resolution, at which time it was suggested that said word be changed to “compensate”. He then questioned whether the Board should include the requirement of funding again, for clarification, in Section 6 of the Resolution.
It was determined that it was not necessary to change any of the wording in Section 6.
Further discussion occurred regarding the word “reimburse” and the fact that it should be changed to something else, at which time Mr. Sandy Minkoff, County Attorney, suggested that it be changed to “pay”. He noted that the word “reimburse” should be changed to “pay” on Page 2, Line 22 of the Resolution, as well.
On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 2009-65, regarding the Department of Health’s rule making in the Wekiva Study Area, as amended, with the word “reimburse”, on Page 2, Lines 13 and 22, of the Resolution being changed to “pay”.
REPORTS – COMMISsIONER CADWELL – CHAIRMAN AND DISTRICT 5
NATIONAL COUNTY GOVERNMENT WEEK PROCLAMATION
On a motion by Commr. Stewart, seconded by Commr. Conner and carried unanimously by a 5-0 vote, the Board approved Proclamation No. 2009-66, proclaiming May 3 through May 9, 2009, as National County Government Week.
COMPREHENSIVE PLAN WORKSHOP
Commr. Cadwell stated that the document that has been prepared by staff for the upcoming Comprehensive Plan Workshop is several hundred pages and suggested that the Commissioners go through it, prior to the workshop, and tab the things that they would like to discuss, rather than having staff go through the entire document.
COLLECTION OF IMPACT FEES
Commr. Cadwell informed the Board that he brought up the issue of impact fees, for discussion, because he was told that the language contained in the Statute that was passed by the Legislature was not written by the Homebuilders Association, but by trial lawyers, which concerns him. He stated that, between now and July of this year, staff will be making a recommendation to the Board regarding the matter and suggested that the County suspend collecting the fees until the Impact Fee Committee has had a chance to address concerns they have about it.
Mr. Sandy Minkoff, County Attorney, stated that, if the Governor signs the Bill, it will take affect July 1, 2009, and it adds a new section to the Impact Fee Statute, which states that, in any action challenging an impact fee, the Government has the burden of proving, by preponderance of the evidence, that the imposition or amount of the fee meets the requirements of state legal precedent, or said section of the Statute. It further states that the Courts may not use a differential standard. He noted that another section of the Statute states that the County has to be using the latest and most localized data and, at this point in time, the data for the two biggest impact fees in the County, being schools and roads, is several years old, and there has been a pretty significant change in the data that underlies the study on schools, because it was based upon a continued growth in student enrollment, which has not occurred.
Commr. Hill stated that she did not know if it needed to go to the Impact Fee Committee prior to the Board making a decision or not.
Commr. Stewart interjected that she wished there was a way to separate residential and commercial impact fees, in that she feels the commercial industry needs all the help it can get right now, however, noted that, on the other hand, there are so many houses already sitting empty that she does not feel it is even necessary to have residential impact fees at this point in time.
Commr. Renick stated that she did not feel the Board should do anything regarding impact fees, until the matter has gone to the Impact Fee Committee.
Commr. Cadwell commented that a few weeks ago he was contemplating the issue of impact fees and what the County could or should do to help people, at which time he contacted some of the counties that have passed impact fee moratoriums and discovered that Brevard, Wakulla, Bradford, Desoto, and Nassau saw no increase in construction activity whatsoever for residential or commercial. He stated that there was nothing going on, other than what was already in the process, which it was noted shows that it is market driven.
Commr. Hill informed the Board that two basic things they needed to remember is that they need to legally defend whatever the County’s document is and the numbers need to be correct.
Commr. Cadwell stated that the Board will wait until the Impact Fee Committee meets again and then decide what they need to do.
Discussion then occurred regarding an individual who, along with his partners, is trying to open a business in the Leesburg area, but was given wrong information regarding impact fees, which may prevent them from opening their business.
The Board indicated that they would like to help said individuals get their business open and then they could discuss how to handle the matter from this point forward.
The County Attorney stated that he could bring back to the Board an Ordinance for commercial and industrial users, allowing them to spread their impact fees out over a period of time.
Due to the fact that the Board does not meet again until after the Impact Fee Committee meets, it was noted that staff could draw up an agreement between the County and the individuals in Leesburg, allowing them to open their business, and then draft an Ordinance for all commercial and industrial users.
Commr. Renick interjected that, if it is feasible and something the County can do, she would like to do it, in that it just makes sense, noting that the Board is not waiving impact fees, they are just allowing them to be paid through a payment process, rather than in a lump sum.
Commr. Cadwell stated that he felt it was a good idea, noting that allowing people to spread their payments out over a period of time is one way that the County can help them.
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board authorized the County Attorney to draw up an agreement between the County and the individuals in Leesburg, allowing them to open their business and spread their impact fees out over a period of time, and then to draw up an Ordinance allowing commercial and industrial businesses in the County to spread their impact fees out over a period of time, as well, rather than paying them in one lump sum.
REPORTS – COMMISSIONER CONNER – DISTRICT 3 (CONT’D.)
PARKING GARAGE PROJECT
Commr. Conner brought to the attention of the Board the fact that he assumed the County was planting drought tolerant grass and shrubs at all of its projects, but has been informed that St. Augustine grass has been planted at the Parking Garage, rather than Bahia.
It was the consensus of the Board that the St. Augustine grass be removed and replaced with Bahia.
CITIZEN QUESTION AND COMMENT PERIOD
Ms. Leslie Campione, Attorney, representing several homeowners in The Vistas subdivision, in Clermont, addressed the Board regarding the fact that they voted at the April 7, 2009 Board Meeting to permanently close Vista Del Lago Boulevard, via an earthen berm, violating the individual rights and wishes of the homeowners that she was representing, noting that, when they purchased their homes, they were guaranteed use of said road and are concerned about what might happen during an emergency situation. She stated that a lawsuit against The Vistas Homeowners Association by individual homeowners to have the berm removed will likely prevail, but the homeowners will have to go through the time and expense of filing a lawsuit and the obstruction will have been placed there as a result of the Board’s actions. She pleaded with the Board to reconsider the action that was taken at the April 7th Board Meeting, noting that the homeowners have a right to ingress and egress of their property via said road. She stated that it is a public safety issue and threatened a lawsuit, if the action they took on April 7th is not reversed.
The County Attorney stated that the only alternative he could suggest, other than litigating the issue, would be for the residents to hold a secret ballot vote, in order to be absolutely certain about what they want, however, noted that he did not feel the Board should discuss the matter any further, when they were being threatened with a lawsuit.
It was noted that the Board had received a letter from Ms. Campione, prior to this meeting, containing the comments that she made to the Board this date and threatening the lawsuit that she alluded to.
Mr. Tony Vanzant, representing the R. C. Dunn Oil Company in Groveland, addressed the Board stating that they have been in business in the Groveland area for 30 years and they are concerned about the fact that they were outbid by a larger firm, although a contract has not yet been awarded. He stated that they are presently doing business with the County, as well as some of the cities in the County, and wanted to get the Board’s position on dealing with minority businesses, noting that there is a possibility that, if they are not awarded the bid he alluded to, some people are going to be without jobs.
The Board suggested that Mr. Vanzant speak with Mr. Barnett Schwartzman, Procurement Services Director, to find out what happened with his company’s bid, noting that they do not get involved in the bid process.
Ms. Pam Janelle, East Lake County Chamber of Commerce, addressed the Board and thanked them for the time and thought they put into the Resolution regarding performance based septic treatment systems. She informed Commr. Stewart that she backed her 100% on it and would offer whatever services the Chamber could provide to help her accomplish it in their community.
Mr. Keith Schue, a resident of the Mt. Plymouth/Sorrento area, addressed the Board and also thanked them for approving the Resolution that Ms. Janelle alluded to, noting that it takes the County in the direction of addressing the septic tank issue in a productive way.
With regard to the issue of water conservation, Mr. Schue suggested that a cistern be installed at the Parking Garage to collect rainwater, which would save quite a bit on water consumption and would meet almost all of the outdoor watering needs of this vicinity. He encouraged the Board to explore the idea.
RECESS AND REASSEMBLY
At 11:45 a.m., the Chairman announced that the Board would recess until 5:05 p.m., for the Public Hearing for the Open Air Vendors Ordinance.
open air vendors ordinance
The Vice Chairman, Commr. Hill, reconvened the meeting.
Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance on the floor for its second and final hearing, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 10.03.00, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED OPEN AIR VENDORS TO ALLOW FOR OPEN AIR VENDORS IN THE NEIGHBORHOOD COMMERCIAL DISTRICT “C-1”, COMMUNITY COMMERCIAL DISTRICT “C-2”, EMPLOYMENT CENTER DISTRICT “C-3”, PLANNED COMMERCIAL DISTRICT “CP”, LIGHT INDUSTRIAL DISTRICT “LM”, HEAVY INDUSTRIAL DISTRICT “HM”, PLANNED INDUSTRIAL DISTRICT “MP”, AND COMMUNITY FACILITY DISTRICT “CFD”; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
The Vice Chairman opened the public hearing.
No one present wished to address the Board.
There being no one present who wished to address the Board, the Vice Chairman closed the public hearing.
Commr. Renick stated that, to address the concerns about conservation lands that the County has acquired, she wanted to make sure that Mr. David Hansen, Public Lands Manager, Public Works Department, is provided with a memorandum that the Board received from Ms. Terri Diesbourg, Zoning Director, so that he knows when the Public Lands Acquisition Advisory Council (PLAAC) discusses a management plan that it has to be in each of the park’s management plan.
On a motion by Commr. Conner, seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved Open Air Vendors in Non-Residential Zoning Districts Ordinance No. 2009-25, as presented.
Commr. Cadwell was not present for the discussion or vote.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 5:10 p.m.
welton g cadwell chairman
NEIL KELLY, CLERK