A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JUNE 23, 1998

The Lake County Board of County Commissioners met in regular session on Tuesday, June 23, 1998, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: G. Richard Swartz, Jr., Chairman; Welton G. Cadwell, Vice Chairman; William "Bill" H. Good; Rhonda H. Gerber; and Catherine C. Hanson. Others present were: Alvin B. Jackson, Jr., Deputy County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Wendy Taylor, Administrative Assistant, Board of County Commissioner's Office; and Marlene S. Foran, Deputy Clerk.

Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Commr. Good requested that appointments to the Lake County Planning and Zoning Commission be placed on the agenda for consideration.

On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved to place appointments to the Lake County Planning and Zoning Commission on the agenda under Reports.

MINUTE APPROVAL

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of June 2, 1998 (Regular Meeting), as presented.

COUNTY MANAGER'S CONSENT AGENDA

On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the following requests:

Contracts, Leases & Agreements/State Agencies

Request for approval and execution of the Annual Contributions Contract for amended projects FL106VO0008. This extends and replaces the expiring increment ACC FL106VO0005 to FL106VO0008 4/30/99.

Resolutions/State Agencies

Request for approval and execution of Resolution No. 1998-92 and Certification Page amending the Lake County Housing Assistance Plan for State Fiscal Years 1997/78, 1998/99, and 1999/2000 to increase award limits for home repair assistance by $5,000 for all income levels.



Accounts Allowed/Road Projects/Roads-County & State

Request for approval and execution of final Change Order No. 4 to CR-470, widening and resurfacing, and #2-3108A, Bay Avenue Paving Project No. 7-97, Bid No. 97-142, for intersection improvements at CR-48 and US-27, in the amount of $60,460.00, from the Transportation Trust Fund - Commissioner District 2.

Accounts Allowed/Bonds/Subdivisions

Request for approval to release a maintenance bond, in the amount of $25,154.30, that was posted for Greater Hills Phase 6 Subdivision.

Accounts Allowed/Subdivisions

Request for approval to release a Certificate of Deposit, in the amount of $2,564.92, that was posted for maintenance of the Top of the Hill Subdivision.

Accounts Allowed/Subdivisions

Request for approval to release a letter of credit for maintenance, in the amount of $36,806.50, that was posted for Greater Groves Phase 4 Subdivision.

ADDENDUM NO. 1

COUNTY MANAGER'S CONSENT AGENDA

Contracts, Leases & Agreements/Subdivisions

Request for approval and execution of Agreement between Lake County and Eric H. Coe for the issuance of four building permits on Lots 2, 10, 36, and 39 of The Park At Wolf Branch Oaks Subdivision prior to the acceptance and recordation of the final plat.

Accounts Allowed/Bonds/Resolutions/Subdivisions

Request for acceptance of final plat for Woodridge Phase 1-B subdivision; acceptance of a Maintenance Bond, in the amount of $20,531.13; approval and execution of Developer's Agreement for maintenance of improvements between Lake County and J.E. Jones Company, Inc.; and approval and execution of Resolution No. 1998-95 accepting the following roads into the County Road Maintenance System: Woodsong Way "Part" (#2-0162); Woodberry Way (#2-0162A).

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

FIRE PROTECTION

Mr. Alvin Jackson, Jr., Deputy County Manager, presented a request for discussion and consideration of an Emergency Order to ban outside burning, and the use and sale of fireworks in Lake County.

Mr. Frank LaFleur, Acting Fire Chief, Lake County Fire and Emergency Services, appeared before the Board to provide a brief overview of current wildfires in the State of Florida and stated that more than 85,000 acres have burned in the State since May 25, 1998 and approximately 1,000 acres have burned in Lake County. It was noted that a Current Wildfire Facts Sheet had been distributed prior to the discussion this date. He stated that the request before the Board, at this time, was to ban fireworks and to put an emphasis on any outside burning. He stated that the Counties of Flagler, St. Johns, Baker, Clay, Indian River, Lafayette, and Manatee; and the Cities of Sanford, Deltona, Jacksonville, and Winter Springs have banned the sale and use of personal fireworks. He stated that the local Target, Wal-Mart, and K-Mart department stores have agreed not to sell fireworks and that Lake County has issued no permits for the sale of fireworks in tents as of this date.

Mr. Sandy Minkoff, County Attorney, stated that a Declaration of Emergency and an Ordinance banning novelty fireworks would be brought back to the Board today for their review and approval. He explained that the ordinance would be Countywide including all municipalities and that the only exception would be large scale displays that have been given a permit; however, the municipalities could opt out of the ban.

Mr. LaFleur stated that four large scale events have been scheduled at the City of Tavares, City of Mount Dora, City of Leesburg, and the City of Groveland and noted that said events were being released over the lakes and the municipalities' fire departments would be at the events.

Commr. Good commended the efforts of the Lake County firefighters and volunteer firefighters who have fought 62 brush fires during the month of June.

Commr. Swartz requested that staff prepare the necessary Emergency Order Resolution and Ordinance for the Board's review and approval this date.

No action was taken at this time.

REPORTS

COMMISSIONER SWARTZ - CHAIRMAN AND DISTRICT NO. 3

RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the request for approval and execution of Resolution No. 1998-91 declaring June as Safety Month in Lake County.

At this time, Commr. Swartz presented Resolution No. 1998-91 to Mr. Robert Nesbit, District Manager, Division of Safety, State of Florida.

Mr. Robert Nesbit, District Manager, Division of Safety, State of Florida, expressed his appreciation and stated that it was important that the leaders of Lake County recognize the need for safety programs throughout the County and noted that Governor Chiles has issued a proclamation for the State of Florida for the month of June.

At this time, Commr. Swartz recognized the members of the Lake County Safety Committee who were present in the audience.

PERSONAL APPEARANCES/PUBLIC HEARINGS

ROAD VACATIONS

PETITION NO. 865 G & T CONVEYOR COMPANY TAVARES AREA

Mr. Jim Stivender, Jr., Senior Director of Public Works, appeared before the Board to present Road Vacation Petition No. 865 by G & T Conveyor Company to vacate drainage easements, Southridge Industrial Center, and explained that the subject easements were no longer needed.

At this time, Commr. Swartz opened the public hearing portion of the meeting.

No one present wished to speak in opposition to this request.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

COMMISSIONERS

Commr. Cadwell departed the meeting at 9:23 a.m.

PETITION NO. 865 G & T CONVEYOR COMPANY TAVARES AREA (CONTINUED)

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 4 - 0 vote, the Board approved Vacation Petition No. 864 by G & T Conveyor Company, Inc., to vacate drainage easements, Southridge Industrial Centre, Section 8, Township 20, Range 26, Tavares area - Commissioner District 3 - Resolution No. 1998-93.

Commr. Cadwell was not present for the discussion or vote.

COMMISSIONERS

At 9:25 a.m., Commr. Cadwell returned to the meeting.



PETITION NO. 866 FRANKLIN D. & BRENDA P. LONGENBACH

CLERMONT AREA

Mr. Jim Stivender, Jr., Senior Director of Public Works, appeared before the Board to present Road Vacation Petition No. 866 by Franklin D. & Brenda P. Longenbach to vacate right-of-way and tract, Monte Vista Park Farms, and explained that this property was located north of Lake Louisa and south of Lake Minnehaha and that all of the roads that have been vacated have been identified and there was legal access.

At this time, Commr. Swartz opened the public hearing portion of the meeting.

Mr. Steve Richey, Attorney, representing the applicant, was present in the audience.

No one present wished to speak in opposition to this request.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously by a 5 - 0 vote, the Board approved Road Vacation Petition No. 866 by Franklin D. & Brenda P. Longenbach to vacate right-of-way and tract, Monte Vista Park Farms, Section 8, Township 23, Range 26, Clermont area - Commissioner District 2 - Resolution No. 1998-94.

ASSESSMENTS/ROADS-COUNTY & STATE

Commr. Hanson brought up for discussion the issue of roads in the Pine Lakes area and stated that a suggestion has been made by the residents in Pine Lakes to extend the financing options for road assessments longer than the current seven (7) years, which would make the paving of roads more affordable.

Commr. Cadwell requested that staff review this issue; at which time, Mr. Jim Stivender, Jr., Senior Director, Public Works, stated that he would discuss financing terms with the Office of Finance and prepare a report for the Board.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

CONTRACTS, LEASES & AGREEMENTS/PLANNING

Ms. Sharon Farrell, Senior Director, Department of Growth Management, presented the Agreement between Lake County and Booth's Learning Center, Inc. to reduce payment of Impact Fees by fifty percent (50%) and to use interest accumulated via other transportation impact fees collected by the County for payment of the other fifty percent (50%) required via the adopted Fee Schedule.

On a motion by Commr. Gerber, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved a request for approval and execution of Agreement between Lake County and Booth's Learning Center, Inc. to reduce payment of Impact Fees by fifty percent (50%) and to use interest accumulated via other transportation impact fees collected by the County for payment of the other fifty percent (50%) required via the adopted Fee Schedule. INFORMATIONAL

The following vested rights determination has been issued.

Reconsideration of Country Greens PUD Vested Rights - 6/10/98

As of the date of this letter, Lake County denies any vested rights associated with Country Greens PUD. This vested rights determination is subject to the right to appeal to the Circuit Court of the Fifth Judicial Circuit in and for Lake County, Florida.

ZONING

It was noted that the following staff members were present for the zoning hearings: Ms. Sharon Farrell, Senior Director, Department of Growth Management; Mr. James Smith, Director, Division of Planning & Development Services; and Mr. Don Griffey, Director of Engineering, Public Works. At this time, Ms. Farrell introduced Ms. Paula Wicker, a teacher at Carver Middle School, who was visiting the Department of Growth Management under the School to Work Program.

PETITION NO. PH#21-98-2 RE to CP L.A. OGDEN

Ms. Sharon Farrell, Senior Director, Department of Growth Management, informed the Board that Petition No. PH#21-98-2, L.A. Ogden, has requested a postponement for thirty (30) days.

No one wished to speak in opposition to this postponement.

On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously by a 5 - 0 vote, the Board approved to postpone Petition No. PH#21-98-2, L.A. Ogden, for thirty (30) days.

PETITION NO. PH#7-98-2 A TO CFD CLEVELAND KUHARSKE/

LAKE COUNTY FIRE & EMERGENCY SERVICES

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was to rezone from A (Agriculture) to CFD (Community Facility District) for construction of a fire station. She noted that this request had been withdrawn from the April 28, 1998 zoning agenda to allow staff to check the legal description and review the size of the parcel, which was a one (1) acre parcel in the Bay Lake area. She stated that staff was recommending approval to rezone from A (Agriculture) to CFD (Community Facility District) and that the Planning and Zoning Commission has recommended approval by a 6 - 0 vote. Ms. Farrell displayed on the monitor a site plan of the area in question.

At this time, the Chairman opened the public hearing portion of the meeting.

No one present wished to speak in opposition to this request.

It was noted that the applicants were present in the audience.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request from Cleveland Kuharske/Lake County Fire and Emergency Services, Petition No. PH#7-98-2, to rezone from A (Agriculture) to CFD (Community Facility District) for construction of a fire station - Ordinance No. 1998-45.

Commr. Swartz expressed the Board's appreciation to Cleveland and Gladys Kuharske for their generous donation of the land for construction of a fire station.

PETITION NO. PH#28-98-2 R-6 TO A JAMES YOUNG III & ROBERT YOUNG

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was to rezone from R-6 (Urban Residential) to A (Agriculture) for agricultural purposes in order to keep horses on the site with a single-family residence. She stated that staff was recommending approval to rezone from R-6 (Urban Residential) A (Agriculture) and that the Planning and Zoning Commission has recommended approval by a 6 - 0 vote. She stated that there was no opposition to this request.

At this time, the Chairman opened the public hearing portion of the meeting.

No one present wished to speak in opposition to this request.

It was noted that the applicants were present in the audience.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request from James Young III and Robert Young, Petition No. PH#28-98-2, to rezone from R-6 (Urban Residential) to A (Agriculture) for agricultural purposes - Ordinance No. 1998-46.

PETITION NO. PH#24-98-2 R-6 to A JERRY & PATRICIA R. SHARR

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was to rezone from R-6 (Urban Residential) to A (Agriculture) for placement of a mobile home on a five (5) acre parcel in the Clermont area. She stated that staff was recommending approval to rezone from R-6 (Urban Residential) to A (Agriculture) and that the Planning and Zoning Commission has recommended approval by a 6 - 0 vote. Ms. Farrell displayed on the monitor a site plan of the area in question and briefly discussed the location of a CUP (Conditional Use Permit) zoning and the location of other mobile homes in the area. She also displayed on the monitor a letter from the City of Clermont, dated April 23, 1998, indicating that the property in question was located within the Chapter 180 utility area of the City of Clermont..

Commr. Swartz commented that there was a need to find a way to coordinate with the municipalities because the County was approving A (Agriculture) zonings relatively close to the municipalities' annexed areas. He stated that it was important that the County has policies in order to be fair to the people that are living in the area now and those who are rezoning.

At this time, the Chairman opened the public hearing portion of the meeting.

No one present wished to speak in opposition to this request.

It was noted that the applicants were not present in the audience.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

Commr. Good made a motion, which was seconded by Commr. Cadwell, to uphold the recommendation of the Planning and Zoning Commission and approve a request from Jerry & Patricia R. Sharr, Petition No. PH#24-98-2, to rezone from R-6 (Urban Residential) to A (Agriculture) for placement of a mobile home - Ordinance No. 1998-47.

Commr. Good commented that during the discussions with the municipalities the County needs to keep in mind the timeliness and use of the properties in their present state, rather than to look at ten (10) years into the future, which would always be a challenge. He stated that the availability of actual hookup to utility services would be a factor.

The Chairman called for a vote on the motion which carried unanimously by a 5 - 0 vote.



PETITION NO. PH#29-98-1 R-1 to CFD FIRST ASSEMBLY OF GOD, INC.

RICK WELBORNE, PASTOR

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was to rezone from R-1 (Rural Residential) to CFD (Community Facility District) for construction of a new sanctuary with an existing church, office building, storage/utility buildings, basketball court and associated accessory uses on a 4.8 acre parcel in the Fruitland Park area. She stated that they would be required to go through site plan review and approval and that there was one letter in opposition to this request. She stated that staff was recommending approval to rezone from R-1 (Rural Residential) to CFD (Community Facility District) and that the Planning and Zoning Commission has recommended approval. Ms. Farrell displayed on the monitor a site plan of the church facility.

At this time, the Chairman opened the public hearing portion of the meeting.

No one present wished to speak in opposition to this request.

It was noted that the applicant's representative was present in the audience.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

In response to questions presented by Commr. Gerber, Ms. Farrell responded that currently the site does not have central water or sewer hookup availability and did have an on-site well and septic system. She responded to a question pertaining to the Level of Service on Picciola Road, and explained that the proposed use was considered non-intensive and a traffic study would not have been required.

Mr. Roland Lewis, Wicks Consulting Services, representing the applicant, and Mr. Rick Welborne, Pastor, First Assembly of God, Inc., appeared before the Board to address Commr. Gerber's concerns. Mr. Lewis explained that currently they were negotiating with the City of Fruitland Park to have water service provided by the City and should sewer become available from one of the municipalities or a regional system, they would be interested in connecting to the system. He stated that any future expansion of the facility would be required to go through the Environmental Health Department for approval of a septic system. He briefly discussed expansion plans for First Assembly of God and explained that the church was limited to a certain number per capita for septic tank use and, if the number triggered the threshold, they would have to go to a treatment system.

Commr. Swartz requested that the ordinance include language requiring mandatory hookup to City of Fruitland Park central water and sewer system upon availability.

On a motion by Commr. Gerber, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request from First Assembly of God, Inc., Rick Welborne, Pastor, Petition No. PH#29-98-1, to rezone from R-1 (Rural Residential) to CFD (Community Facility District), as conditioned requiring mandatory connection to the City of Fruitland Park central water and sewer system upon availability, for construction of a new sanctuary with an existing church; office building, storage/utility buildings, basketball court and associated accessory uses - Ordinance No. 1998-48.

PETITION NO. CUP#98/4/3-2 JAMES W. DELLINGER

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this was a request for a CUP in A (Agriculture) for placement of a mobile home on a 3.4 acre parcel with an existing single family residence for a temporary living facility for the care of an infirm relative in the Groveland area, noting that a Physician's affidavit has been submitted confirming the need for assistance. She explained that the parcel was under the five (5) acre minimum and that the applicant has received a variance through the Board of Adjustment. She noted that there was no opposition to this request. She stated that staff was recommending approval for a CUP in A (Agriculture) and that the Planning and Zoning Commission has recommended approval by a 6 - 0 vote.

At this time, the Chairman opened the public hearing portion of the meeting.

No one present wished to speak in opposition to this request.

It was noted that the applicant was present in the audience.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request from James W. Dellinger, Petition No. CUP#98/4/3-2, for a CUP in A (Agriculture) for placement of a mobile home on less than five (5) acres as required for temporary living facility for the care of an infirm relative - Ordinance No. 1998-49.



PETITION NO. PH#23-98-2 R-6 to CFD FLORIDA BRACE CORPORATION

JAMES DEVELOPMENT FIRM, INC.

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was to rezone from R-6 (Urban Residential) to CFD (Community Facility District) for construction of a senior citizens assisted/independent living facility on a ten (10) acre parcel in the Clermont area. She stated that central water and sewer would be supplied by the City of Clermont. She explained that road access was an issue with this parcel and that the applicant would be required to construct a road to access the parcel as part of the site plan review and approval. Ms. Farrell displayed on the monitor a conceptual layout of the site, and stated that there was no opposition to this request. She stated that staff was recommending approval to rezone from R-6 (Urban Residential) to CFD (Community Facility District) and that the Planning and Zoning Commission has recommended approval by a 6 - 0 vote. She directed the Board's attention to the proposed ordinance and stated that Section 1. Terms, Item E. Transportation Improvements would be amended to include language that indicates that the proposed use will be located on a paved county maintained road. She further stated that Item F. Water and Sewer would be amended as follows: The applicant shall be required to connect to the City of Clermont central water and sewer system.

At this time, the Chairman opened the public hearing portion of the meeting.

No one present wished to speak in opposition to this request.

It was noted that the applicants were present in the audience.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request from Florida Brace Corporation, Petition No. PH#23-98-2, to rezone from R-6 (Urban Residential) to CFD (Community Facility District), as amended to include under Section 1. Item E. Transportation Improvements: language to indicate that the proposed use will be on a paved county maintained road; and Item F. Water and Sewer: The applicant shall be required to connect to the City of Clermont central water and sewer system. for construction of a senior citizens assisted/independent living facility - Ordinance No. 1998-50.

PETITION NO. PH#27-98-5 AMD. TO CP ORD. #25-80 GARY CUSTER

C/O RUBY SAPP, ESTATE

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this was a request for an amendment to CP Ordinance #25-80 to allow for short and long term parking & storing of boats, campers, trucks, trailer, RV's and motor homes; and a covered storage area and future construction of warehouses on a 17.26 acre parcel in the Rural Village Future Land Use Category located in the Leesburg area. She stated that the parcel received a CP (Planned Commercial) zoning in 1980 with no uses approved for the site. She noted that there was no opposition to this request. She stated that staff was recommending approval to amend CP Ordinance #25-80 based on a service need and that the Planning and Zoning Commission has recommended approval by a 6 - 0 vote, with the following conditions as requested by staff:

1. All outside storage shall be screed by a wooden fence or vegetative buffer substantial enough to screen the use from adjacent properties;

2. Commercial building square footage shall be limited to 5,000 square feet;

3. There shall be no storage of disabled, abandoned or non-licensed vehicles;

4. At no time shall any R.V. unit in storage be connected to water, septic or electric or in any way be utilized as a residence either temporary or permanent;



Ms. Farrell displayed on the monitor a site plan of the area in question and an aerial map (County Exhibit 1) illustrating the adjacent properties and land uses.

Commr. Gerber discussed concerns with access going into the parcel in question and stated that she would prefer that access be limited to Emeralda Avenue. Extensive discussion occurred regarding access to the parcel and required turn lanes.

Mr. Donald Griffey, P.E., Engineering Director, Public Works, addressed the access issue and explained that the applicant does have frontage on S.R. 44 and will be required to comply with the Access Management Ordinance. He stated that the intersection of S.R. 44 and Emeralda Avenue was very close to meeting the criteria for a signal, and a requirement for access to the parcel off of Emeralda Avenue would increase the demand for a signal at said intersection.

Commr. Hanson stated that her preference would be for a vegetative buffer in lieu of a wooden fence.

At this time, the Chairman opened the public hearing portion of the meeting.

No one present wished to speak in opposition to this request.

Ms. Bonnie Roof, representing the applicant, appeared before the Board and noted the location of the access to the property on the site plan and the location of adjacent properties. She stated that the property was heavily wooded and has a natural vegetative buffer which would remain in place. She stated that the applicant would like to see the designation changed from Rural Village to Urban Expansion in the future which would allow expansion of the storage area. She stated that this use would be an open facility for storage of privately owned boats, camper trailers, RVs and motor homes, noting that there was a need for this project in the neighborhood. She explained that the primary access would be off Emeralda Avenue, and that the Access Management Ordinance would require a turn lane, if an access was added off of C.R. 44, which the applicant would use as an exit only.

There being no further public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request from Gary Custer c/o Ruby Sapp, Estate, Petition No. PH#27-98-5, for an amendment to CP Ordinance #25-80, with the following conditions, to allow for short and long term parking and storing of boats, campers, trucks, trailers, RV's and motor homes; and a covered storage area and future construction of warehouses - Ordinance No. 1998-51:

1. All outside storage shall be screed by a wooden fence or vegetative buffer substantial enough to screen the use from adjacent properties;

2. Commercial building square footage shall be limited to 5,000 square feet;

3. There shall be no storage of disabled, abandoned or non-licensed vehicles;

4. At no time shall any R.V. unit in storage be connected to water, septic or electric or in any way be utilized as a residence either temporary or permanent;

5. Access shall be located on Emeralda Avenue.





RECESS & REASSEMBLY

At 10:20 a.m., the Chairman announced that the Board would recess and reconvene at 10:30 a.m.

ZONING (CONTINUED)

PETITION NO. CUP#98/6/1-2 CUP IN A BAKER GROVES BELLSOUTH MOBILITY

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for a CUP in A (Agriculture) for placement of a 250 foot telecommunications tower and an unmanned equipment building within a 38 acre vacant parcel with a .184 acre lease in the Southlake/Florida Turnpike area. She stated that the site does meet the language under Chapter 3, Section 3.13.07 of the Lake County Land Development Regulations for Wireless Antennas, Towers and Equipment Facilities, and that there was no opposition to this request. She stated that staff was recommending approval of a CUP in A (Agriculture) and that the Planning and Zoning Commission has recommended approval by a 7 - 0 vote. Ms. Farrell displayed on the monitor a site plan of the area in question.

At this time, the Chairman opened the public hearing portion of the meeting.

No one present wished to speak in opposition to this request.

It was noted that the applicants were present in the audience.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request from Baker Groves/Bellsouth Mobility, Petition No. CUP#98/6/1-2, for a CUP in A (Agriculture) for placement of a 250 foot telecommunications tower and an unmanned equipment building within a 38 acre parcel - Ordinance No. 1998-52.

PETITION NO. PH#30-98-2 R-6 TO CFD GLORIA BARTON/LAKE COUNTY PARKS & RECREATION

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was to rezone from R-6 (Urban Residential) to CFD (Community Facility District) for construction of a picnic and playground area and basketball court with an existing community center and well house on a 1.2 acre parcel in the Okahumpka area. She stated that staff was recommending approval to rezone from R-6 (Urban Residential) to CFD (Community Facility District) and that the Planning and Zoning Commission has recommended approval by a 7 - 0 vote. She stated that there was no opposition to this request.

At this time, the Chairman opened the public hearing portion of the meeting.

No one present wished to speak in opposition to this request.

It was noted that the applicants were present in the audience.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

Commr. Good stated that he has asked Mr. Chuck Pula, Special Services, Parks & Recreation Coordinator, to look into the use of multi use courts on this project and noted that this project would be a needed addition to the Okahumpka community.

Mr. Chuck Pula, Special Services, Lake County Parks & Recreation Coordinator, appeared before the Board and explained that the project before the Board at this time was one of the parks that the Board has selected for funding for Fiscal Year 1998/99 through the Parks and Recreation Capital Improvement Program and was a joint project working with the community that requested a park in this area. He stated that there was a dire need for a park in the area and that there was a petition with over 135 signatures in support of this park effort.

Ms. Gloria Barton, President of the Okahumpka Community Center, appeared before the Board and stated that the existing community center was approximately 90 years old, and that the community was excited and looking forward to the completion of the project.

On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request from Gloria Barton/Chuck Pula, Lake County Parks & Recreation, Petition No. PH#30-98-2, to rezone from R-6 (Urban Residential) to CFD (Community Facility District) for construction of a picnic and playground area and basketball court with an existing community center and well house - Ordinance No. 1998-53.

PETITION NO. PH#26-98-5 C-1, C-2, and R-2 to CP GEORGE &

JOAN GASTFIELD AND MICHAEL & ELLA GROFIK

DMH PARTNERS/DONALD M. HUBER

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was to rezone from C-1 (Neighborhood Commercial), C-2 (Community Commercial), and R-2 (Rural Estates) to CP (Planned Commercial) zoning for construction of a Winn-Dixie grocery store not to exceed 50,000 square feet in size on a 13 acre parcel in the Leesburg area. She displayed on the monitor a conceptual site plan (County Exhibit 1) and stated that staff was recommending approval to rezone from C-1 (Neighborhood Commercial), C-2 (Community Commercial), and R-2 (Rural Estates) to CP (Planned Commercial) based on the Lake County Land Development Regulations, the Lake County Comprehensive Plan, and the functions of the land use policies and criteria for commercial development and that the Planning and Zoning Commission has recommended approval by a 7 - 0 vote. She stated that the parcel meets the market test, meets the policy for locating commercial entities, was in a planned center; and the development of the site as a market would not degrade the roads below the adopted level of service. She discussed the location of the intersection on the Lake County Future Land Use Map which was identified as neighborhood commercial. She noted that there was a small section of Section 2 of this Section, Township and Range that was located in the rural land use category and explained that there was a conflicting policy in the rural land use that states that, if you are in rural, you can only do up to 5,000 square feet of shopping. She stated that the intent of the code for commercial shopping needs to be addressed by the Board and indicated that there was language in the rural land use that allows for commercial uses without a Comprehensive Plan policy. She noted that there was one (1) letter in opposition to this request.

Commr. Gerber requested clarification of the following language on Page 3 of the backup material: The exiting adopted level of service is C. Presently CR-44 and CR-473 are functioning at a Level of Service D. The development of the site as a market will not degrade the roads below the adopted level of service.

Mr. Don Griffey, Director of Engineering, Public Works, appeared before the Board and explained that the generalized planning tables indicate that CR-44 and CR-473 were operating at Level of Service D and that said roads were failing the adopted Level of Service, which forces staff to go to the more detailed operational analysis. He clarified that, according to generalized tables, the applicant does not meet the concurrency test, therefore, it falls to the applicant to demonstrate that they do meet said test, and they will be required to submit a detailed traffic impact analysis that demonstrates according to accepted procedures that there is sufficient capacity on this roadway.

At this time, the Chairman opened the public hearing portion of the meeting.

No one present wished to speak in opposition to this request.

Mr. Edward Williams, President, Williams Development Services, representing DMH Partners, appeared before the Board and stated that concerns expressed by the adjoining property owner to the north have been addressed. He discussed traffic issues and explained that an adjoining R.V. park has agreed to a joint driveway with a turn lane further on the applicant's property which would require a variance from the Access Management requirements. Ms. Farrell displayed on the monitor a site plan (County Exhibit 2); at which time, Mr. Williams indicated the location of the joint driveway and discussed same. Mr. Williams stated that a central sewer system would be provided on-site. He discussed extensive landscaping and buffering for the project.

Ms. Farrell stated that language addressing joint access requirements and mandatory central water and sewer connection requirements would be added to the ordinance.

In response to a question presented by Commr. Cadwell, Mr. Griffey stated that turn lanes were installed at the intersection of C-473 and CR 44 three years ago and that staff was in the process of designing a signal at said intersection. He stated that it was the intent of staff that the applicant's entrance be lined up across from C-473 and that the applicant's design be incorporated with the County's plans for a signal at the intersection of CR-473 and CR-44.

Ms. Farrell distributed an aerial map (County Exhibit 3) for the Board's purview.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

Commr. Cadwell made a motion, which was seconded by Commr. Hanson, to uphold the recommendation of the Planning and Zoning Commission and approve a request from George & Joan Gastfield, and Michael & Ella Grofik (DMH Partners/Donald M. Huber) Petition No. 26-98-5, to rezone from C-1 (neighborhood Commercial), C-2 (Community Commercial) and R-2 (Rural Estates) to CP (Planned Commercial), with the following conditions, for construction of a Winn-Dixie grocery store:

1. Terms:

E. Transportation Improvements: add language that indicates that the applicant utilize a joint driveway with the tenant to the east and that the other driveways be lined up with the County's plan for the intersection of CR-474 and CR-44.

K. Water and Sewer: The applicant shall be required to connect to public central water and sewer system when available.



Commr. Good expressed opposition to the motion, and discussed the aerial map expressing concern that this was an example of sprawling. He questioned whether this rezoning was in compliance with the Lake County Comprehensive Plan and those sections that try to respect and protect the rural areas of Lake County. He stated that this rezoning was not consistent with the land uses in the surrounding area and noted that the property was on the edge of an urban expansion area and, if the County continues to expand the edges of urban expansion areas, the County would not be protecting the rural nature of those areas. He expressed concern that this rezoning would not continue an existing pattern of land use in the area but was moving in the direction of changing drastically the use of this particular area and site.

Commr. Cadwell stated that this was a prime site for a grocery with the surrounding commercial properties and the Mid-Florida Lakes Mobile Home Park. He stated that, if the rezoning was for a full scale shopping center, he would have concerns; however, this request was for a single standing grocery store that would serve the needs of the area.

In response to a question by Commr. Swartz, Ms. Farrell stated that there was a scriveners error on the Future Land Use Map at the intersection of C-473 and CR 44. She explained that the map reflects a dot with no land use, and staff originally made the assumption that all of Section 2 was in the suburban land use category. She stated that staff realized, after the request went to Planning and Zoning Commission, that there was an error on the Future Land Use Map. She displayed on the monitor language in Policy 1.1.6 Function of Future Land Use Category (County Exhibit 4) and explained that said policy allows new commercial development to be located in rural land use without a Comprehensive Plan Amendment provided the development meets the other criteria. She further displayed on the monitor language in Policy 1-3A1 regarding Neighborhood Activity Centers (County Exhibit 4) and discussed same. She stated that staff was comfortable coming forward with the request to rezone to CP (Planned Commercial) after review of the above noted policies, Commercial Activity Area policies, and comments made previously in other zoning cases to the uniqueness of the land use decisions at the above noted intersection.

Commr. Swartz stated that this rezoning was in a rural land use designation and, if it had been in urban or urban expansion as he originally had thought, he would reluctantly vote for the motion.

Commr. Gerber expressed concern that this rezoning must meet the criteria established within other policies in the Lake County Comprehensive Plan, it would trip some threshold for concurrency, there are no utilities available, it was totally incompatible with the surrounding area, and inconsistent with the land use, and she sees no good reason to move forward with this request noting that this rezoning would be a threat to the peace of those residence in the area.

Commr. Swartz expressed concern that this was designated as rural land use. He stated that the County was currently in the Evaluation and Appraisal Report (EAR) process and the EAR process was to identify and designate areas that are on the fringe of populated area where development has occurred or that the Board wants to encourage development.

Commr. Good stated that this was on a boundary area, and he would support that there was a large population in the near area; however, this type of facility needs to be located within the urban areas and not on the edge of the urban areas. He stated that the effect of this type of facility on a boundary area was that it does away with the rural character and ultimately the rural designation. He stated that the impact on the existing business community was a big concern when you change the nature of this area, and the fact that this would fail general concurrency tells him that it would put an additional strain on the traffic at the intersection of CR-473 and CR-44 even though it may reduce the longer trips that people might be making to other commercial areas.

The Chairman called for a vote on the motion, which failed by a 2 - 3 vote.

Commr. Good, Commr. Gerber and Commr. Swartz voted in opposition.

PETITION NO. CUP#98/6/2-4 CUP IN A ROBERT W. MAXWELL

ALEX SOKOLIK/FLASHCOMM, INC.

Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that this request was for a CUP in A (Agriculture) for placement of receiving antennas of "circular loop array" and an equipment shed for storing of electronic equipment associated with the wireless data communication network on a leased 2.5 acre tract on a 250 acre parent tract in East Lake County. She displayed on the monitor an aerial map (County Exhibit 1). She distributed a letter (County Exhibit 2) from the Lake County Schools Transportation Department, dated June 12, 1998, in support of this request. She stated that staff was recommending approval based on the facts that staff does not consider this request, at twenty( 20) feet in height, to be a cellular communication tower, and the site meets setbacks, and that the Planning and Zoning Commission has recommended approval by a 7 - 0 vote. She stated that the ordinance clearly states that the access shall be via publicly dedicated road or easement or via access across Mr. Maxwell's parent parcel.

At this time, the Chairman opened the public hearing portion of the meeting.

No one present wished to speak in opposition to this request.

Mr. Alex Sokolik, Manager of Site Acquisition, FlashComm, Inc, appeared before the Board and distributed a booklet titled FLASHCOMM, Lake County Conditional Use Permit for Lease on Robert Maxwell Property (Applicant's Exhibit A). He stated that the antennas would consist of 16 circular loops and discussed the size of the antennas as illustrated in a photograph (Applicant's Exhibit B) on the monitor. He explained that this site would potentially pick up reception from trucks and rail cars from the Chicago, Illinois area to New York. He stated that this request has been approved by the Planning and Zoning Commission on two (2) occasions with the condition that they abide by litigation regarding one access area. He explained that due to their specialized technology, FlashComm's proposal can not be placed in a typical utility or commercial zoning area and must be in a very quiet area where development will not encroach upon them in the future and, should future development provide technical interferences, FlashComm would be allowed to terminate the lease on the Maxwell property.

Mr. Jimmy Crawford, Attorney, representing Wren and Wendy Davis, property owners in the area, appeared before the Board and illustrated on an aerial photograph ( Exhibit 1-A) the location of the antennas and the location of CR 439, Will Murphy Road, and CR 42. He noted the location of a dirt tract road which was subject to pending litigation by Mr. Freeman, an adjacent property owner, regarding its ability to be a prescriptive road as access to the parcel in question. He explained that the dirt tract road was the road that FlashComm initially had proposed to use for access and stated that Mr. and Mrs. Davis would object to said road being used for access because it was not a public road. He noted the location of a public lot split easement that connects to Mr. Maxwell's property. He directed the Board's attention to language in the Ordinance, on Page 2, Item C., as follows: Parcel Access: Access shall be via publicly dedicated road or easement or via access across Mr. Maxwell's parent parcel. He suggested that the language be amended to indicate that access shall be by Briarwood Lane or by access across Mr. Maxwell's parent parcel.

Mr. Wren Davis appeared before the Board and stated that he had no opposition to this rezoning with the amended language presented by Mr. Crawford.

There being no further public comment, the public hearing portion of the meeting was closed.

Discussion occurred regarding Section 2. A. Land Uses, Item C. Parcel Access and it was the decision of the Board to amend said language, as follows: C. Parcel Access: Access shall be via road or easement or via access across Mr. Maxwell's parent parcel.

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request from Robert W. Maxwell, Alex Sokolik/FlashComm, Inc., Petition No. CUP#98/6/2-4 for a CUP in A (Agriculture) with the modification to language under Item C. Parcel Access: Access shall be via road or easement or via access across Mr. Maxwell's parent parcel., for placement of receiving antennas of "circular loop array" and an equipment shed for storing of electronic equipment associated with the wireless data communication network - Ordinance No. 1998-54.

CLOSED SESSION OF THE BOARD OF COUNTY COMMISSIONERS

COUNTY ATTORNEY/COMMISSIONERS/SUITS AFFECTING THE COUNTY

Mr. Sandy Minkoff, County Attorney, stated that this closed session was being held pursuant to Florida Statute 286.00.1(8) and that he had previously advised the Board that a closed session was needed to discuss settlement negotiations and/or strategy sessions in the case of Todd v. Lake County. He indicated that a court reporter was present recording the session, and that the sound system and video system would be shut off at this time. He stated that the meeting had been advertised and that the anticipated length of the meeting would be 30 minutes.

At 11:40 a.m., Commr. Swartz announced that the Board would go into a closed session. Commissioners present at the meeting were: G. Richard Swartz, Jr., Chairman; Welton G. Cadwell, Vice Chairman; William "Bill" H. Good; Catherine C. Hanson; and Rhonda H. Gerber. Others present were as follows: Sanford M. Minkoff, County Attorney; Greg Stewart, Attorney, Nabors, Giblin & Nickerson, P.A.; and the Court Reporter.

At 12:23 p.m., the Chairman reopened the June 23, 1998 Board of County Commissioners Regular Meeting and announced that the closed session was now terminated.

REPORTS

COMMISSIONER GOOD - DISTRICT NO. 2

APPOINTMENTS-RESIGNATIONS/COMMITTEES

Commr. Good brought up for discussion the requirement that appointments to the Planning and Zoning Commission be appointed from the Commissioner's District, noting that it was difficult to find individuals to serve on the Planning and Zoning Commission from his district in the South Lake area. He requested that the Board consider modifying the ordinance to allow appointments of individuals outside a Commissioner's District to serve on the Planning and Zoning Commission.

Mr. Sandy Minkoff, County Attorney, informed the Board that a modification to the ordinance would require one public hearing and would be required to go before the Planning and Zoning Commission. He stated that this modification could be brought back to the Planning and Zoning Commission and the Board in August.

Commr. Hanson indicated that she would not support a modification to the ordinance.

On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously by a 5 - 0 vote, the Board approved the appointments of Nancy H. Fullerton and Howard Barry as the District 2 Representatives on the Lake County Planning and Zoning Commission.

COUNTY ATTORNEY

SUITS AFFECTING THE COUNTY

Mr. Sandy Minkoff, County Attorney, presented this request.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the request for approval and execution of Special Master Agreement between Lake County and Robert A. Macchi, owner; and John L. King, Special Master to retain John L. King as Special Master in Case No. SM-1-98.

COMMISSIONERS

At 12:30 p.m., Commissioner Good departed the meeting due to another commitment.

SUITS AFFECTING THE COUNTY

Mr. Sandy Minkoff, County Attorney, presented this request.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 4 - 0 vote, the Board approved the request for approval of Settlement Agreement between Lake County and Robert E. Foster in Civil Court Case #98-449CC, Complaint to Foreclose Code Enforcement Lien.

Commr. Good was not present for the discussion or vote.

SUITS AFFECTING THE COUNTY

Mr. Sandy Minkoff, County Attorney, presented the Settlement Agreement between Lake County and Marshall Gaard and stated that Mr. Gaard has asked that the language admitting to the violation be removed from the Settlement Agreement. He stated that said language would be removed from the agreement.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved the request for approval of Settlement Agreement between Lake County and Marshall Gaard in Civil Court Case #98-420CC, Complaint to Foreclose Code Enforcement Lien, as amended removing language admitting to the violation.

Commr. Good was not present for the discussion or vote.

ADDENDUM NO. 1

REPORTS

COMMISSIONER SWARTZ - CHAIRMAN AND DISTRICT NO. 3

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 4 - 0 vote, the Board approved the appointment of Ruth Gray as the District 3 Representative on the Board of Adjustment Committee to complete term ending April 30, 2000.

Commr. Good was not present for the discussion or vote.



PUBLIC HEARINGS

ORDINANCES/RESOLUTIONS

Mr. Sandy Minkoff, County Attorney, explained that the regulation of the sale and use of fireworks was governed by Florida Statutes and that fireworks in general are a prohibited use throughout Florida. He stated that there was a category called novelty fireworks, which includes sparklers, certain pyrotechnic novelties, and trick noisemakers, that are allowed to be sold. He stated that, because of the emergency circumstances that exists due to the extreme dry conditions creating a high fire danger, Lake County has the ability to enter orders governing conduct which could include the sale or use of fireworks during the time of this emergency. He stated that before the Board, at this time, was the Lake County Emergency Order declaring a local state of emergency and prohibits the sale, purchase, and use of all fireworks including novelty items for the duration of the emergency and, in addition, the use of flares, and all outdoor burning or use of any otherwise lawful outdoor burning devices with the exception of cooking on attended and monitored barbecue equipment. He explained that all large scale public displays of fireworks administered by professionals or by a fire department were permitted. He explained that the emergency order would go into effect for seven (7) days at which point the Chairman of the Board of County Commissioners would be asked to extend the emergency order for an additional seven (7) day period or additional seven (7) day periods thereafter if the dry conditions continue. He stated that the emergency order was Countywide and includes municipalities unless there was a municipal ordinance or regulation which would specifically allow the use.

At this time, the Chairman opened the public hearing portion of the meeting.

Ms. Penny Dixon, a resident of Fruitland Park and a teacher with the Lake County School System, appeared before the Board and stated that she has supplemented her income during the last four (4) summers with a fireworks tent for the sale of fireworks. She stated that she was before the Board at this time to question the advisability of the ban on fireworks and stated that she has talked with American Promotions and has been told that the entire product line that she carries was developed with the help of the state fire marshals office in the State of California to satisfy the safety concerns in an area that was drought ridden, and she has been assured that American Promotions' line of fireworks satisfies the State of California's need for safety. At this time, she discussed at length the safety of using fireworks during the dry conditions in the State of Florida. She requested that the Board consider a six (6) day ban and, at that time, take into consideration the weather conditions in Lake County.

Ms. Edna Kurts, Area Manager, American Promotions, appeared before the Board and stated that she has spoken with fire marshals throughout the state and American Promotions has ceased the sale of fireworks until such time that the fire marshals grant permission for the sale of fireworks. She asked that the Board consider, at this time, banning the use of fireworks but not the sale of fireworks, and stated that American Promotions would not sell fireworks without permission from the Board.

There being no further public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved Lake County Emergency Order Resolution No. 1996-96, an emergency order prohibiting the sale, purchase and/or use of fireworks, certain pyrotechnic novelties, and trick noisemakers, and the use of flares and outdoor burning.

Commr. Good was not present for the discussion or vote.

Mr. Minkoff placed the proposed ordinance, an emergency ordinance declaring a State of Emergency due to the extensive forest and brush fires in Lake County and the continuing threat created thereby, on the floor for its final reading, by title only, as follows:

AN EMERGENCY ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, DECLARING A STATE OF EMERGENCY PURSUANT TO AND IN ACCORD WITH THE PROVISIONS OF CHAPTER 252, FLORIDA STATUTES, AND THE LAKE COUNTY COMPREHENSIVE LOCAL EMERGENCY MANAGEMENT PLAN, DUE TO THE EXTENSIVE FOREST AND BRUSH FIRES IN LAKE COUNTY AND THE CONTINUING THREAT CREATED THEREBY; MAKING FINDINGS; PROVIDING A DURATION FOR THE DECLARED STATE OF EMERGENCY AND EXTENSION THEREOF; MAKING UNLAWFUL THE SALE, PURCHASE, USE, DISCHARGE, DISPENSING OR DISPLAYING OF FIREWORKS, SPARKLERS AND CERTAIN PYROTECHNIC NOVELTIES AND TRICK NOISEMAKERS; MAKING UNLAWFUL THE USE OF DISCHARGE OF FLARES AND EXPLOSIVES; MAKING UNLAWFUL OUTDOOR BURNING AND THE USE OF OTHERWISE LAWFUL OUTDOOR BURNING DEVICES; PROVIDING FOR PENALTIES AND PROVIDING AN EXCEPTION; PROVIDING FOR APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE.



Mr. Minkoff noted that the notice requirement of Section 125.66(2), Florida Statutes,

relating to the regular enactment procedure for ordinances, has been waived due to the State of Emergency.

At this time, the Chairman opened the public hearing portion of the meeting.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 4 - 0 vote, the Board approved Ordinance No. 1998-44, an emergency ordinance declaring a State of Emergency due to the extensive forest and brush fires in Lake County and the continuing threat created thereby, as read on its final reading by title only.

Commr. Good was not present for the discussion or vote.

REPORTS (CONTINUED)

COMMISSIONER HANSON - DISTRICT NO. 4

Commr. Hanson informed the Board that she had meet with the residents in the Pine Lakes area on June 22, 1998 to discuss paving of the roads in the area through the special assessment program and noted that she would be meeting with the residents in the Lake Mack and Lake Kathryn areas to discuss the options available through the special assessment program.

COMMISSION CADWELL - DISTRICT NO. 5

Commr. Cadwell noted that the Chamber of Commerce Business After Hours, sponsored by Florida Hospital Waterman and the Lake County Boys Ranch was scheduled on June 25, 1998 at the Lake County Boys Ranch.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 1:00 p.m.



__________________________________ G. RICHARD SWARTZ, JR.,CHAIRMAN



ATTEST:







_________________________________

JAMES C. WATKINS, CLERK







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