Present:

Chairman Carlton Henley (District 4)

Vice Chairman Grant Maloy (District 1)

Commissioner Randy Morris (District 2)

Commissioner Dick Van Der Weide (District 3)

Commissioner Daryl McLain (District 5)

County Manager Kevin Grace

County Attorney Robert McMillan

Deputy Clerk Sandy McCann

Pastor Ron Williams, Palmetto Avenue Baptist Church, gave the Invocation.

County Manager, Kevin Grace, led the Pledge of Allegiance.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris to adopt appropriate Resolution #2000-R-171, as shown on page _______, proclaiming the month of September 2000 as "Ovarian Cancer Awareness Month".

Districts 1, 2, 3, 4 and 5 voted AYE.

The Resolution was presented to Ruth Snyder who expressed her appreciation, stating she is an ovarian cancer survivor.

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Motion by Commissioner Morris, seconded by Commissioner McLain to adopt appropriate Resolution #2000-R-172, as shown on page _______, proclaiming August 29 through September 4, 2000 as "Seminole County Firefighters Appreciation Week".

Districts 1, 2, 3, 4 and 5 voted AYE.

The Resolution was presented to Fire Chief Terry Schenk who expressed his appreciation to the Board.

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Motion by Commissioner McLain, seconded by Commissioner Morris to adopt appropriate Resolution #2000-R-170, as shown on page _________, in recognition of Frank Kirk, Emergency Communications/E-911 Manager, being the recipient of the Larry S. Jordan - EMS Hall of Fame.

Districts 1, 2, 3, 4 and 5 voted AYE.

The Resolution was given to Mr. Kirk who expressed his appreciation to the Board.

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Henry Dean, Executive Director of St. Johns River Water Management District, addressed the Board to discuss the water supply for the region. He stated that district-wide growth is going to drive a half billion gallon a day usage of water to 1.85 billion gallons a day by the year 2020, with 85% of the increase being for public supply. Public supply in Seminole County is expected to increase by 80% in 15 years. The Floridian Aquifer is the source of choice for water to meet this demand; however, the District's recent water supply plan indicates that the aquifer can meet some, but not all of the demand in the area. He said other alternative sources must be identified to meet some of the demand. In order to sustain the projected economic growth, there is surface water in the County's future. Development of a functional surface water facility could take ten years to build so it is important to begin now to make the necessary decisions to move forward. The District, through their consultant, has evaluated a conceptual treatment system for Seminole County; and has estimated that a 40 mgd facility on the St. Johns River and property already owned by the County will cost in the neighborhood of $230 million.

Mr. Dean further stated the District is pursuing a detailed water quality analysis by the U.S.G.S. In addition, the governing board has just authorized staff to begin the consultant selection process so that a four-part evaluation of water supply development from the river can be performed. He stated the four parts are: Surface Water Treatment Plant Site Study; Surface Water Treatability Study; Demineralization Concentrate Management Investigation; and Service Area Study. He advised the governing board has budgeted for next year $3 million for this work, and asked that water suppliers interested in developing the river as a water source provide a nominal contribution to this effort. Volusia County has agreed to contribute $150,000, and he said he is asking Seminole County to contribute an equal amount.

Chairman Henley expressed his appreciation to Mr. Dean and stated he believes this is an important issue. He further stated he believes the Board will have to address this sometime in the future and feels this is the appropriate way to do so.

Upon inquiry by Commissioner Maloy, County Manager, Kevin Grace, advised staff has budgeted $300,000 in the Environmental Services' budget to begin surface water supply projects.

Mr. Dean advised his staff will be putting together a list of environmental groups in order to form an advisory committee to work with the district in pursuing this alternative to make sure that no damage is done to the eco-system and the river system here and downstream.

Upon inquiry by Commissioner Morris, Jerry Selseno with Tarik Consulting, addressed the Board to advise the study of how much a treatment plant would cost has been done. However, those estimates will be refined by this work because the sole unknown is the level of treatment necessary and the method by which the concentrate is managed. He further advised the four-part study will be combined into three RFQ's. Those will be put out to bid on the first Sunday in September for submittals. He added they are looking at 30 months as a total time for completion of the studies.

Upon inquiry by Commissioner Morris, Mr. Grace advised staff can bring this back and work closely to have an interlocal agreement with the St. Johns River Water Management District.

The Board, by unanimous consensus, agreed to support the project and to commit $150,000 in FY 2000/2001 toward the studies.

Motion by Commissioner Morris, seconded by Commissioner Maloy to approve Purchase Agreement, as shown on page _______, relating to Parcel Number 813, located at 1775 E. Lake Mary Boulevard, Sanford, of the East Lake Mary Boulevard, Segment 1 (f/k/a Silver Lake Drive, Segment 1) roadway improvement project (corridor between Sanford Avenue and the Seaboard Coastline Railroad) in the amount of $11,750 with no attorney's fees and costs incurred, Richard L. Best.

Districts 1, 2, 3, 4 and 5 voted AYE.

The Chairman announced that Item #37, Modification to School Window Protection Agreement, has been withdrawn from the agenda.

Commissioner Maloy requested Item #35, Request to schedule public hearing for Ordinance establishing new zoning districts, be pulled for a separate vote.

Motion by Commissioner Morris, seconded by Commissioner Maloy to approve and authorize the following:

Districts 1, 2, 3, 4 and 5 voted AYE.

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The Board discussed the request to schedule public hearings to consider the enactment of an ordinance establishing Mixed Land Use Zoning Districts.

Commissioner Maloy stated his concern is that this has not been forwarded to the DAB for their comments. He said he would like to hear their comments before going to public hearing.

Director of Planning & Development, Frances Chandler, addressed the Board to advise staff has mailed the proposed ordinance to the DAB, but they have not discussed it to date.

Upon inquiry by the Chairman, Ms. Chandler advised the DAB will be meeting next month to discuss this item prior to the Board's public hearing.

Motion by Commissioner Morris, seconded by Commissioner McLain to direct the Planning & Development Director to schedule and advertise public hearings to consider enactment of an Ordinance establishing Mixed Land Use Zoning Districts.

Districts 1, 2, 3, 4 and 5 voted AYE.

Fiscal Services Director, Cindy Hall, addressed the Board to request approval of BCR #00/157 in the amount of $350,000, Judicial, Fund #00100/General Fund for court-appointed attorneys through the remainder of the fiscal year. She advised that in April this account line was adjusted; however, that money has been used and an additional $350,000 is needed for the remainder of the year.

Commissioner McLain stated he keeps hearing from the attorneys that they are willing to work for $65 an hour. He questioned where the County stands in moving that forward.

Ms. Hall advised she has not heard that; but there is a committee meeting to discuss that issue.

Upon inquiry by Commissioner McLain, County Attorney, Robert McMillan, advised the Statutes provide for the Chief Judge to set the rate which indigent counsel is reimbursed.

Commissioner McLain stated he believes the Board needs to aggressively move forward to make sure these fees are cut back to a reasonable amount.

Chairman Henley concurred with Commissioner McLain, stating he believes there are items in the proposed judicial budget that can be addressed to recover some of these funds.

Commissioner Morris suggested hiring Deloitte Touche to conduct an audit so that the Board can get a better picture of this.

Commissioner Henley stated the Clerk of Court did do a preliminary audit, but he believes this needs to be looked at in depth to see if due diligence has been done.

Commissioner McLain recommended not approving this budget request at this time. Discussion ensued.

Commissioner Van Der Weide left the meeting at this time.

Motion by Commissioner Morris to approve BCR #00/157 in the amount of $350,000 from the General Fund Contingency for court-appointed attorney expenditures; to authorize the County Manager to explore hiring Deloitte Touche to conduct an audit, to be brought back to the Board; and to direct staff to proceed with establishing a regional rate.

Under discussion, Commissioner McLain stated he cannot support the motion. He said he supports the Deloitte Touche audit and going froward with a regional rate; however, he cannot support the BCR.

Commissioner McLain suggested the Board review every court-appointed attorney invoice and approve them individually.

Commissioner Morris stated he understands what Commissioner McLain is saying; however, he would like to move forward in a cooperative effort with the Chief Judge to get the rate reduced.

Commissioner McLain stated this is an another example of how the State has passed unfunded mandates to local government.

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to continue until the first meeting in September consideration of BCR #00/157 in the amount of $350,000 for court-appointed attorneys.

Commissioner Morris withdrew his motion at this time.

Districts 1, 3 and 5 voted AYE.

Commissioners Morris and Henley voted NAY.

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Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to direct the County Manager to contact Deloitte Touche for the purpose of conducting an audit to review controls, checks and balances in determinations of indigency and to review attorney assignments in criminal, capital and dependency cases, with same to be brought back to the Board.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to authorize staff to negotiate for a regional rate for court-appointed attorneys in the amount of $65 per hour.

Districts 1, 2, 3, 4 and 5 voted AYE.

The Board, by unanimous consensus, directed the County Manager and County Attorney to directly communicate with the Chief Judge regarding these rates.

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Motion by Commissioner Morris, seconded by Commissioner Maloy to authorize staff to develop and solicit an RFP for processing Seminole County's recyclable materials.

Districts 1, 2, 3, 4 and 5 voted AYE.

Phil Stalvey, Director of Community Services, addressed the Board to present request to participate in a pilot study diverting nonviolent misdemeanor inmates with mental health issues or dual disorders from jail to a suitable community-based treatment plan with pretrial release supervision conducted by the County probation Division.

Motion by Commissioner Morris, seconded by Commissioner Maloy to authorize participation in a six-month pilot study to safely divert nonviolent misdemeanor inmates with mental health issues or dual disorders from jail to a suitable community-based treatment plan with pretrial release supervision conducted by the County Probation Division.

Under discussion and upon inquiry by Chairman Henley, Mr. Stalvey advised approximately 5 additional cases each will be transferred to the probation officers per month.

Districts 1, 2, 3, 4 and 5 voted AYE.

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Colleen Rotella, Planning & Development, addressed the Board to request direction with regard to the placement of the Natural Lands 2000: Completing the Connection referendum on the November 7, 2000 General Election Ballot. She advised the Supervisor of Elections has indicated that ballot language must be submitted prior to September 6, 2000. She stated the recommended projects are: Completion of the Seminole Wekiva, Cross Seminole and Flagler showcase trails; Providing connecting trails between local neighborhoods, natural lands, schools, parks and other public facilities; Additional trailheads strategically placed through the County; Construction of trail overpasses to provide safe connectors; and Providing trailhead/canoe launch sites along the Wekiva, St. Johns and Econ Rivers as blueways, wildernesses, trails and waterways. Copy of Map depicting natural lands was received and filed.

Ms. Rotella stated the 1990 Referendum authorized up to .25 millage for the payment of debt service on a $20 million bond. The original program anticipated that .25 millage would be required to pay for the $20 million in bonds over the program's 20 years; however, considerable savings have been achieved through a strong economy and good financial management. During the remaining 10 years of the Natural Lands Program, a maximum .10 mill, will be required to pay down the Natural Lands Bond debt. This required millage is anticipated to continue to decrease.

Ms. Hall advised the proposed resolution has three financial components to it and the bond issue can be authorized up to $40 million. She reviewed three funding options as outlined in the agenda packet. She said the way the resolution is structured, it gives the County the opportunity to do more than one or two bond issues. That does not have to be decided at this time unless the Board desires to change some of the wording in the resolution.

Upon inquiry by Commissioner McLain, Ms. Hall advised restrictions in the Resolution are that debt service shall not exceed .25 mill including the debt that is out there and the term of the bond would be for 20 years from the date of the initial issuance of any first bonds.

Chairman Henley expressed his concern that he is being rushed. He said there is a great deal of interest in what is going to happen to the one-cent sales tax. Also, the School Board has the statutory authority to do a one-half penny sales tax. He said he is concerned about the timing of this issue.

Commissioner Morris stated he understands the Chairman's concern and wished the Supervisor of Elections could allow the Board more time to bring this issue forward. He stated he would like to see 10 years rather than 20 years because this would be matching the original intent of the voters.

Commissioner McLain stated there has been concern expressed about this moving too fast. He questioned if Ms. Rotella was comfortable with moving ahead. Whereupon, Ms. Rotella stated this is the same time frame that the staff had with the original referendum. She said staff can put together a program should the Board direct that.

Commissioner McLain stated he would also support Option 2 and the 10-year window.

Commissioner Van Der Weide stated he also has concerns about what this will do to the one-cent sales tax. However, this is a program that is already in place and he has been in agreement with it for ten years. He said he would like to see a priority listing.

Ms. Rotella stated staff will come back and prioritize before November.

Commissioner Maloy stated this proposal is more for the trails program and not for natural lands.

Commissioner McLain stated that this is giving the citizens an opportunity to decide whether they want to tax themselves for this purpose.

Motion by Commissioner Morris, seconded by Commissioner McLain to authorize Option 2 which includes one bond issue in FY 2001 as well as a subsequent bond issue in FY 2006, both of which would mature in FY 2012; and to adopt appropriate Resolution #2000-R-184, as shown on page ________, to include an not-to-exceed amount of $25 million in the ballot language, regarding the placement, on the November 7, 2000 General Election Ballot, of a referendum regarding voter approval of Natural Lands 2000: Completing the Connection.

Under discussion, Chairman Henley stated he just wants to make sure there is appropriate time to educate the public on what the County is trying to do because this is a major shift from the original conservation land program.

Commissioner Maloy stated he believes a priority list of all needs (courthouse, jail, and transportation) should be established first.

Districts 2, 3, 4 and 5 voted AYE.

Commissioner Maloy voted NAY.

The Board directed staff to bring back for review a public information program for the referendum.

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Commissioner McLain advised former County Commissioner Ed Yarborough passed away. He said he was a rancher and farmer who protected the environment on all of his land. He requested staff to come back to the Board with a resolution that would rename the Lake Proctor natural land property located in the Geneva area to the "Ed Yarborough Wilderness Area".

Motion by Commissioner McLain, seconded by Commissioner Morris to direct staff to come back to the Board with a resolution that would rename a natural land (at the family's option) the "Ed Yarborough Wilderness Area".

Districts 1, 2, 3, 4 and 5 voted AYE.

Motion by Commissioner McLain, seconded by Commissioner Morris to approve and authorize the following:

Curley Barber, #00003071MM - $200

Pedro J. Batista, #99002793CFB - $100

Kenya M. Bradford, #99007261MM - $200

Teresa L. Browning, #99010167MM - $200

Vincent J. Buckley, #99006626MM - $200

Eugene J. Cahoon, #00001133MM - $50

Robert J. Cattafi, #99000839CFA - $100

Perry G. Contos, #99002811CFB - $100

Prisilla Cordial, #99000262CJA - $100

Brian S. Culp, #99001789CFA - $100

Timothy L. Estes, #98013119MM - $200

Linda A. Gatzey, #00001582MM - $200

Richard Guarnieri, #99008809MM - $200

Sydney Brown Hale, #90003824CFA - $300

William M. Harris, #99013169MM - $200

Ryan E. Hayes, #99001414CFK - $100

Matthew C. Hudson, #98007908MM - $200

Michelle Inman, #99002654CJA - $100

Shelia Marie Jammes, #95007793MM - $75

Samuel C. Johnson, #99007238MM - $200

Robert Lee Johnson, II, #91000209CFB - $350

Robert Lee Johnson, II, #90002408CFA - $250

William E. Kinnaird, #98009706MM - $200

Emma Jean Lee, #EG82636CFA - $250

Cristy G. Lloyd, #00000377CFB - $50

Karen M. Lyon, #99003958CFA - $100

Charles Alfred McClain, #99001576CFB - $100

Gary R. Mero, #99002813CFA - $100

Cassandra A. Moore, #99013767MM - $200

Larry Duane Moore, #92012151MM - $200

Brian J. Oliver, #98004395CFA - $200

Shawn M. Opal, #99010270MM - $200

Carlos R. Ortiz, #99004051CFA - $50

Christopher A. Patterson, #98004729CFA - $200

Sonia Perez, #99001034CJA - $100

Steven J. Polk, #99005590MM - $50

Cameron B. Pritchard, #99013317MM - $200

Gael B. Reihl, #99005232MM - $200

Derrick Bernard Roberts, #93004754MM - $50

James W. Robinson, #99013236MM - $100

Carmen R. Rodriguez, #98002301CFA - $100

Matthew J. Rosenberg, #99001979CFA - $100

Peter J. Schneider, #99005404MM - $50

Steven Derek Sherrill, #98011300MM - $200

Thomas L. Sturtz, #98000683CFA - $100

Debra J. Turner, #00003911MM - $200

Paul John Vowles, #99003125CFA - $100

Adam K. Woodburn, #98004260CFA - $100

Jacqueline M. Young, #99008494MM - $200

Selena Denise English, #97009251MMA - $40

Stephen Harris, #00002275MMA - $40

Jonothan Geerts, #00002882MMA - $40

Stephen Polk, #99005590MMA - $40

David James Porter, #99007320MMA - $40

Randall Austin Hager, #00000118CFB - $40

Andre Afzad Ali, #99001868CFA - $40

Gregory Burga, #98000351CFA - $40

William Nathan Church, #99008511MMA - $40

James Burlin Duckworth, #99003995CFA - $40

Jose Rodriguez, #00002280MMA - $40

Troy David Meadows, #00002272MMA - $40

Cindy Renfrow, #00001281MMA - $40

Jim Rivera, #00002478MMA - $40

Jeffrey Charles, #99001414CFX - $40

Jeffrey Charles, #99001200CFA - $40

Jeffrey Charles, #99000679CFA - $40

Thomas Ervin Mock, #99004016CFA - $40

Jason Glendon Martin, #98002855CFA - $40

Everett Dean Dallas, #99003012CFA - $40

Harold Norris Burge, #99003076CFA - $40

Michael Alan Trombely, #99002275CFA - $40

Paul Marc Fleury, #98003264CFA - $40

Nathan Eugene Guerra, #99001414CFCC - $40

Charles Presto Carter, #99001681CFA - $40

Dwayne Herman Woodall, #99001261CFA - $40

Arthur Blish, #99001124CFA - $40

Brian Alley, #99006451MMA - $40

Ronald Leonard Wells, #99004701MMA - $40

Barbara Jean Acree, #99000625CFA - $40

Willie Earl Alexander, #98004355CFA - $40

Kenneth McKenna, #99003403MMA - $40

Terry Peterson, #99008298MMA - $40

Anthony R. Frederick, #98003830CFA - $40

Hyland Dell Hyland, #98000982CFA - $40

Districts 1, 2, 3, 4 and 5 voted AYE.

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The Board noted, for information only, the following Clerk's "received and filed":

Motion by Commissioner McLain, seconded by Commissioner Van Der Weide to approve and authorize the following:

Districts 1, 2, 3, 4 and 5 voted AYE.

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The meeting was recessed at 11:56 a.m., reconvening at 1:36 p.m., with all Commissioners (with Commissioner Morris entering late) and all other Officials, with the exception of Deputy Clerk Sandy McCann, who was replaced by Deputy Clerk Carylon Cohen, who were present at the Opening Session.

Districts 1, 3, 4, and 5 voted AYE.

Chairman Henley advised the audience of the procedures for the public hearings.

Commissioner Morris entered the meeting at this time.

Proof of publication, as shown on page ________, calling for a public hearing to consider adoption of the FY 2000/2001 Budget for the Seminole County Port Authority, received and filed.

Fiscal Services Director Cindy Hall addressed the Board to state the Port Authority is self-supporting and has not received ad valorem tax support since FY 1981/82. She said the total budget represents $2,063,580. A copy of the Port Authority Budget for FY 2000/2001 was received and filed.

Dennis Dolgner, Port Authority Administrator, addressed the Board to state the operational dollars of the budget is $1,453,509. He advised the Port of Sanford presently has 52 tenants. He briefly described the Central Florida Business Incubation Center project.

Commissioner Morris stated this operation continues to excell, and he said Mr. Dolgner has done an exemplary job on rental space.

Chairman Henley said he thinks Mr. Dolgner has done a tremendous job. He asked which line item reflects the amount of property tax the Port pays. Whereupon, Mr. Dolgner said the Port is restricted by State law from paying taxes, but the tax bills are sent directly to the tenants. He explained that as part of the lease structure with the tenants, they are obligated to pay the ad valorem taxes, with the exception of Seminole Community College, which is exempt.

Chairman Henley stated it concerns him about the amount of pay that is being projected by the Port Authority Board for the Administrator, which exceeds what the County Manager receives who handles a much larger budget and number of employees than the Port Authority Administrator. He said other than that, he thinks this is a good budget. Mr. Dolgner said he would transmit Chairman Henley’s message to the Authority Board.

Commissioner Morris advised that the pay formula scale was a privatized one adopted five years ago.

No one spoke in support or in opposition.

Motion by Commissioner Morris, seconded by Commissioner Maloy, to approve the Seminole County Port Authority Budget for FY 2000/2001; as described in the proof of publication.

Districts 1, 2, 3, 4, and 5 voted AYE.

Proof of publication, as shown on page ________, calling for a public hearing to consider rezoning from A-1 (Agriculture) to R-1AAAA (Single Family Dwelling); property located on the east side of Lake Florence, north of Howell Branch Road, Rudi Jessee, received and filed.

Gary Schindler, Senior Planner, addressed the Board to state the staff supports the requested rezoning. He advised the subject property was split from the parent tract in the early 1970’s. The rezoning is as a result of having an inadequate lot width to meet the A-1 zoning. Because this was a lot split, staff did not feel there was a hardship, so the method to rectify this situation was rezoning rather than a variance.

Upon inquiry by Chairman Henley, Mr. Schindler advised that at the time of development, the St. Johns River Water Management District would identify the wetland boundaries.

Rudi Jessee, applicant, addressed the Board to thank Mr. Schindler and the staff for their help.

No one spoke in support or in opposition.

Motion by Commissioner Maloy, seconded by Commissioner Van Der Weide, to adopt Ordinance #2000-45, as shown on page ________, rezoning to R-1AAAA (Single Family Dwelling) property located on the east side of Lake Florence, north of Howell Branch Road; as described in the proof of publication, Rudi Jessee.

Districts 1, 2, 3, 4, and 5 voted AYE.

Proof of publication, as shown on page ________, calling for a public hearing to consider Rezone from A-1 (Agriculture) to PCD (Planned Commercial Development); approve Preliminary PCD Site Plan; and approve Development Order placing staff-requested conditions upon the rezoning; property located on the east side of SR 434 125’ south of Hillview Drive, Gateway Crossings/F.F. South & Company, Inc. on behalf of Bruce Getty, Alice R. Getty and Debra M. Koster, received and filed.

Mr. Schindler stated in 1999, the Board approved the PCD zoning for the bulk of the tract with the exception of the A-1 property. At that time, there was the issue of whether these two acres would trip the threshold for the DRI. After months of negotiationS, this is back for rezoning of the northwest corner. He said the staff supports the rezoning, and in about a month, staff will come back with a final PCD site plan and Developer’s Commitment Agreement for the entire property. He advised Chairman Henley that there is enough right-of-way proposed for Arletta Street, and staff still believes that this does not trip the threshold for a DRI.

Meredith Harper, Shutts & Bowen, representing the applicant, addressed the Board to state they worked with the City of Altamonte Springs to realign Arletta Street so that it lines up with the street across SR 434. She said this is a clean-up item to bring the corner parcel back into the planned commercial development. She advised the right-of-way for Arletta Street is approximately two and one-half acres and this is a two-acre parcel, so they are still beneath the DRI threshold. She further advised that the City of Altamonte Springs is in agreement with all the right-of-way issues at this point. She stated the property owners recently changed and she will advise staff of the new names so the Development Order can be changed.

No one spoke in support or in opposition.

Chairman Henley surrendered the gavel to Commissioner Maloy in order to offer a motion.

Motion by Commissioner Henley, seconded by Commissioner Morris, to enact Ordinance #2000-46, as shown on page ________, to rezone to PCD (Planned Commercial Development) property located on the east side of SR 434 125’ south of Hillview Drive; approve the preliminary PCD site plan, and approve the Development Order, as shown on page ________, placing staff-requested conditions upon the rezoning; as described in the proof of publication, Gateway Crossings/F.F. South & Company, Inc. on behalf of Bruce Getty, Alice R. Getty and Debra M. Koster.

Districts 1, 2, 3, 4, and 5 voted AYE.

Vice Chairman Maloy returned the gavel to Commissioner Henley to resume the duties of Chairman.

Proof of publication, as shown on page ________, calling for a public hearing to consider rezoning from A-1 (Agriculture) and R-1 (Single Family Dwelling) to PCD (Planned Commercial Development); approve associated Preliminary PCD site plan; and approve Development Order placing staff-requested conditions upon the rezoning; property located on the northwest corner of CR 15 (Upsala) and Monroe School Street; Stanley H. Sandefur for Robert Mann, Betty Mann, Sidney Vihlen and Beth Vihlen, received and filed.

Mr. Schindler stated staff has been working with the applicant for some time and believes this is a good plan. He said, to the best of his knowledge, the only issue outstanding is in the Development Order regarding the height of the lights. He referred to Section (3)a. of the Development Order stating the maximum height of the outdoor lighting shall be 20 feet. He said this is consistent with the height of the lights approved for the Florida Rock and VonHerbulis developments located immediately to the south of the subject property. Mr. Schindler said the applicant has requested that all lights within 50 feet of CR 15 or Monroe School Street be 16 feet in height and all other lights be 25 feet. However, he said for the sake of consistency, staff recommends the height of the lights be a maximum of 20 feet.

Ron Henson, Design Service Group, representing the applicant, addressed the Board to state they have basically solved all the issues of concern. He reviewed the plans and said on the east side closest to CR 15, they are anticipating a commercial development and thought they would have the lower light. In the back, they are adjacent to the Florida Rock plant; on the west side there are some wetland areas; and on the north, there are some retention areas. They anticipate some industrial uses in the western half. They are looking to light the courtyard area , which will have a building approximately 35 feet tall. He said 20-foot lights would not work as well to provide the safety and lighting in the courtyard area. He said the area would be screened from the street. This was their thought on making the request for the 25-foot lights.

No one spoke in support or in opposition.

Upon inquiry by Commissioner McLain, Mr. Schindler stated the policy has been when there is a PCD or PUD, staff has consistently requested 16 feet in height for the lighting.

Motion by Commissioner McLain, seconded by Commissioner Morris, to approve the staff recommendations and with respect to the height of lights on the commercial section, that would be 16 feet.

Under discussion, Commissioner McLain advised Mr. Dwyer that the motion includes 20 feet in height for the lights on the industrial.

Mr. Henson stated if the Board is going to restrict the overall height of the lighting to 20 feet on the site, then he wants the staff recommendation of 20 feet on the entire site. He pointed out that the property directly to the south has 20 feet overall. He said there are retail uses on the front on CR 15. Whereupon, Commissioner McLain discussed with staff why 20 feet was recommended on that site.

Commissioner McLain stated, under the circumstances, since the other project next door was approved for 20 feet with some commercial, it is only fair to approve Mr. Henson’s request. Commissioner McLain withdrew his motion.

Motion by Commissioner McLain, seconded by Commissioner Morris, to enact Ordinance #2000-47, as shown on page ________, rezoning to PCD (Planned Commercial Development) property located on the northwest corner of CR 15 (Upsala) and Monroe School Street; approve the associated preliminary PCD site plan; and approve the Development Order, as shown on page __________, with staff recommendations, including that all lighting is to be no higher than 20 feet; as described in the proof of publication, Stanley H. Sandefur for Robert Mann, Betty Mann, Sidney Vihlen and Beth Vihlen.

Districts 1, 2, 3, 4, and 5 voted AYE.

Chairman Henley recessed the meeting at 2:12 p.m. and reconvened at 2:20 p.m. Commissioner McLain did not return to the meeting at this time.

Proof of publication, as shown on page ________, calling for a public hearing to consider enacting an Ordinance regulating Payday Loan Agreements, received and filed.

Assistant County Attorney Stephen Lee addressed the Board to state the ordinance regulates payday loans and prohibits charging interest above the usury rate set by Florida Statutes. He said it does not apply to various lenders who are regulated under the State Statutes specified in the Ordinance. He said the maximum interest rate allowed is the usury rate under Florida law, which is 18% per annum.

Commissioner McLain entered the meeting during Attorney Lee’s presentation.

Commissioner Morris thanked Attorney Lee and Florida Legal Services for the good work done with this ordinance. He asked Attorney Lee to discuss why the 18% maximum rate is proposed and why the Board cannot adjust that.

Attorney Lee advised he has had discussions with six or seven different County Attorney’s offices who indicated an interest in pursuing a similar type ordinance.

Commissioner Morris stated he and Chairman Henley attended a public meeting of the local six counties and the other county Chairmen indicated they were going to bring these items to their commissions. He stated the Board has the ability, if they choose to, knowing that other communities are going to come forward and that the Attorney General’s office is working on something also, to pass this ordinance today and have the effective date to allow others to come on board. Attorney Lee advised that the Board could establish the effective date they determine to be appropriate.

Chairman Henley stated if the ordinance is approved, there should be an appropriate time lapse to give the industry time to make appropriate changes.

Upon inquiry by Commissioner McLain, Attorney Lee discussed why some of the loan companies and credit cards are not adhering to the same standards as for the payday loans.

Commissioner Van Der Weide stated he would hate that whatever the Board does, they would allow another year to go before the ordinance went into effect. He said if they are going to rescue the people from these type loans, they need to do it as soon as possible.

Commissioner Maloy asked if the staff could handle in-house any litigation resulting from passage of this ordinance. Whereupon, Commissioner McLain said the Board has their legal counsel and their recommendation is important in making decisions. He said he would be the last one to say that the threat of litigation would stop the Board from doing what is right for all the citizens of the County.

Chairman Henley acknowledged the letter (copy received and filed) to the Board from Edward Martinez in favor of the ordinance.

Jacqueline Dowd, Assistant Attorney General’s Office, Orlando, on behalf of Attorney General Bob Butterworth, addressed the Board to state they are fully in support of the proposed ordinance. She said they believe that this practice is something that harms the consumers and benefits the lenders. She said as they saw with the automobile title loans, local government led the action and made it possible to have a state-wide statute put in place. She advised Commissioner Morris that she thinks Mr. Milligan and Mr. Butterworth are convinced that lending practices like this have to be ended. She thinks they all agree they have to find a way to remedy what has grown into a substantial problem. She said these kinds of interest rates which go to 300 to 500% a year is not the way to serve the folks. She said there are a number of different approaches to address the problem. She added that Attorney General Butterworth would help to defend any ordinance that was passed if it comes to that.

Benjamin Ochshorn, Florida Legal Services, 2121 Delta Boulevard, representing low-income people in Florida including Seminole County, addressed the Board to state the payday loan lenders are making loans that are covered by the usury laws and they are making them at usury rates. He said some of the clients are able to pay these loans back; however, they would be able to pay back much easier if these companies were under reasonable regulations. He said there is a requirement to get a State license to charge above 18% a year. He also said the Department of Banking and Finance is able to bring cases to court if persons are making more than 18% a year without a State license. He discussed the provision in the ordinance that allows for fees in addition to the interest rate. He said the $5 extra fee provides for verification service so that if there are some legitimate expenses like that, they would be covered. He thanked the Board on behalf of the clients for going forward with the proposed ordinance and said whatever effective date used would be fine with them.

Commissioner Van Der Weide left the meeting at this time.

Kathleen Simpkins, 13485 NE 49^th Terrace, Anthony, Florida, representing Nationwide Budget Finance, addressed the Board to state she takes exception with the premise of the ordinance that Seminole County is protecting the consumers. She said the customers they have are everyday, hard working, intelligent people who know exactly what they are doing when they come in for payday advances. She said these are people the Board trusts with their children everyday and with their lives, but the Board is saying they are too stupid to make a decision on a $300 loan. She said the people who come to her tell them they don’t know what they would do without the service. She said nobody has suggested an alternative for the people. She said this is an attempt to drive them out of business. She stated the customers who come in sign a contract agreeing that the check left will be good on a certain date, and there is no threat. When they exhaust every opportunity to collect, but the customer is evading them, they have walked out with $300 to $500 with no intention of paying it back.

Commissioner Van Der Weide returned to the meeting at this time.

Ms. Simpkins stated this is a 14-day advance and is not based on 365 days which the APR (annual percentage rate) is. She read Paragraph (2)(b) from the letter (copy received and filed) from Florida Comptroller Milligan’s office stating any rollover, extension or renewal of a deferred deposit check for an additional fee may constitute interest. She said the APR is not a fair comparison.

Chairman Henley responded to Ms. Simpkins that no one on the Board has stated they are trying to run the industry out. This issue was brought before the Board not to prevent loans but to make sure it is fair in a reasonable amount. They expect the industry to function.

Billy Webster, Advance America, 184 Mills Avenue, addressed the Board to state he is proud of the service his company provides. He said their service is market driven, convenient, and less costly than other alternatives, and their customers are savvy people who know what their options are. He said they are currently governed by Florida Statutes and any such changes should be through the statewide legislation and not through county government. He stated the payday advance ordinance would take the option away from the residents of Seminole County. He asked the Board to listen to the voice of the consumers.

Commissioner Morris stated there are people who obey the law and those who skirt and blatantly disobey the law.

Commissioner Van Der Weide left the meeting at this time.

Commissioner Morris continued that this industry does get into rollovers, and although it is not a legal one, it is an effective one. He discussed the referral program used by the industry and said these are the reasons it is such a critical concern for the Board to get action. He stated he is aware of this company and the efforts it is trying to do to get comprehensive legislation. He said Mr. Webster knows to be responsible, but so many don’t. He said the Board knows there are some options. He talked about the credit unions that are now trying to offer options.

Commissioner Van Der Weide returned to the meeting at this time.

Mr. Webster said in his judgment, the two solutions to this issue are: (1) a clean, concise statement from Tallahassee about what the position ought to be, and (2) operation of the market to drive down rates to make this more competitive than less competitive. He said credit unions require direct deposit and customers must have checking accounts, and there is virtually no risk to the transaction. He said their industry doesn’t have the ability to do that so their rates are going to be higher.

James Daughton, Holland & Knight, Tallahassee, representing Financial Service Centers of Florida, addressed the Board to state what happened in the Legislature this session and why the legislation did not pass. Upon inquiry by Chairman Henley, Mr. Daughton said he thinks there are issues with the definitions of rollovers and rates in the proposed ordinance. He also thinks there are a lot of consumer-friendly protections in the ordinance.

Betty Lou Howard, 161 Bieder Avenue, Wal-Mart employee, addressed the Board to state Advance America has helped her a lot and she thinks it is a good thing for those who don’t have collateral.

Dorothy Smith, 2525 Highlaw Avenue, in support of Advance America, addressed the Board to state this program has really been good for her. She said she needed help badly one day, and she hopes the Board will open their hearts to them.

Fred Johnson, 114 Lake Ada, addressed the Board to state Advance America has helped him also. He said he believes even if the interest went up 100%, people would still go there and borrow money. He said he had a problem when he needed money on the weekend. He believes the business serves the neighborhood real well because there are quite a few people who need money and this stops people from getting money desperately.

Clifford Reback, 13 Escondido Ct., #122, addressed the Board to state he believes the State of Florida should be the only governing group because this is uniform throughout the State, and it will not deprive Seminole County of having payday advances. He thinks the uniform way of handling it is the only way of handling it. He said he knows the industry tries to avoid doing business with the downtrodden because they want to make sure the loan is going to be paid.

Wilma Medina, 108 Westwood Ct., addressed the Board to state Cash Advance has been a blessing for her. She told of the day she needed medications and her husband went to Cash Advance and was helped. She said if they had gone to the bank, they would have said they couldn’t lend them $100 just for medications. She asked the Board to have mercy and think about them, on behalf of the handicapped who don’t have that much.

William P. Krawchuck, 120 Chief’s Way, representing Check-O-Mat, addressed the Board to state they are a full-service check cashing agency. He submitted for distribution to the Board copies (received and filed) of documents used in his business. He said they were one of the first to be licensed. He discussed the differences with Chapter 516 loans and deferred deposits. He said these are different and cannot be compared. He stated the proposed ordinance will shut down the business.

No one else spoke in support or in opposition.

Chairman Henley recognized for the Record the Written Comment Forms in opposition from Peter Borer, Attorney Kathryn Hoeck (Akerman Senterfitt), Clifford Reback, and Micha Bitton.

Chairman Henley also recognized Petitions, as shown on page ________, submitted into the Record in opposition to the proposed ordinance.

Chairman Henley stated the Board is here because of the lack on the part of the Legislature to come to agreement and act on this issue.

Commissioner Morris discussed the implementation date of the ordinance to allow time for the Legislature to take up the issue and to work with the other five surrounding counties that have shown an interest.

Chairman Henley stated there is language in Sections 12 and 13 of the ordinance to cover if the Legislature takes action.

Attorney Lee advised Commissioner McLain that he suspects that if the State adopts something, that would preempt the County’s action.

Chairman Henley stated he didn’t have a problem with a later implementation date to give time for the other counties to know their position, but he doesn’t want the Board to be cast in the light that they are not going to go forward with this. He suggested the implementation date of May 1.

Commissioner Morris stated if the ordinance is effective March 1 with the compliance date of May 1 to be fully implemented, that would give 6 or 7 months to work with the other counties who join with Seminole County.

Motion by Commissioner Morris, seconded by Commissioner Van Der Weide, to enact Ordinance #2000-48, as shown on page ________, regulating Payday Loan Agreements, as amended, with the effective date of March 1, 2001; as described in the proof of publication.

Districts 1, 2, 3, 4, and 5 voted AYE.

The following Communications and/or Reports were received and filed:

Commissioner Van Der Weide requested to go out of order of the Agenda to the District Commissioners’ Reports at this time, as he had an important appointment.

Motion by Commissioner Van Der Weide, seconded by Commissioner Morris, to adopt appropriate Resolution #2000-R-186, as shown on page ________, of appreciation to Roger Stitt for his service on the Code Enforcement Board.

Districts 1, 2, 3, 4, and 5 voted AYE.

Commissioner Van Der Weide left the meeting at this time.

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Commissioner McLain reported to the Board the newspaper article concerning the efforts of Sheriff’s Deputy Moderson and the Lake Harney community for a community park in honor of Deputy Gregory. He explained that Deputy Moderson has gotten a property owner to dedicate to Seminole County 20 acres for the community park. Commissioner McLain commended Deputy Moderson for this. He said he would like to see the Board direct the County Manager to work with the Sheriff’s Department and the community to accept a new park in the system, and see what responsibility the County would have and what part the County can play in assisting with the development of this park, like facilitating ownership and permitting. He said he doesn’t see the Board spending a lot of money. He thinks the Board needs to officially enter into a work program of cooperation with the community and Sheriff’s Department, and he thinks the County needs to be a part of the park design.

Commissioner Morris concurred.

The Board, by consensus, approved directing the County Manager to work with the Sheriff’s Department as suggested by Commissioner McLain.

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Commissioner Maloy advised of a neighborhood problem with people parking their cars on the grass, and he said the Code is silent on that. He requested the staff to explore this further and report back with a recommendation.

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Chairman Henley reported that approval has finally been received from the St. Johns River Water Management District on Kewannee Park.

Chairman Henley advised the County has received a Certificate of Appreciation from Florida SECME Technical Institute 2000 for support of their Math, Science, and Engineering Program.

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Upon inquiry by Commissioner Maloy, Chairman Henley advised a letter requesting a continuance to September 12, 2000, has been received for Item #62 Public Hearing for tonight; however, there are other items on the agenda.

Chairman Henley distributed copies of the minutes (copy received and filed) of the Metroplan Board meeting of August 9, 2000.

Commissioner Morris briefly reported that the Regional Planning Council completed their negotiations and made a recommendation to all the counties to participate in the regional study at $150,000 over three years. This will include going to the RFP and the appointment will be handled through the governmental regulatory agency.

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Commissioner McLain reported that the Zoo has reached approximately 50% of their commitment necessary for the first phase of the $11 million expansion.

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Commissioner McLain also reported that the Orlando Sanford Airport, at their recent budget adoption hearing, had a substantial surplus. The organization is moving forward. They are starting to make money, and are expanding their operations.

Mr. Grace reminded the Board that it is now the active part of the hurricane season and there is actually a storm that the County could have to deal with later this week or by the weekend.

Upon inquiry by Commissioner McLain, Mr. Grace stated the EOC Building is a backup now for the State. He said the County is as prepared as can be for these particular things.

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Lin Polk, MSBU Coorindator, addressed the Board to advise this item was continued from the July 25, 2000 meeting to allow staff an opportunity to research and present answers to questions relating to the County’s historical participation in active road paving MSBUs. She stated the agenda includes a spreadsheet displaying active Seminole County Road Paving and Drainage MSBUs. She said the County has six active road MSBUs, four of which include County participation based on recommendations from Public Works for safety, health and County economic purposes. Public Works required turn lanes and widening of Markham Woods Road as a safety benefit for the Dixon Road project. Staff recommends the additional safety improvements in the amount of $50,448, $30,448 for the turn lanes and road widening, and $15,000 for Engineering cost. She stated staff is recommending that the County cover this. The final cost of the project with County participation totals $168,923.34. The final cost without County participation is $224,280.18. An additional change from the last public hearing relates to upfront monies paid by Wekiva Assembly of God Church and the resulting assessment split of the two property owners. She added that John Moore of Public Works/Engineering is here to answer any questions.

Upon inquiry by Commissioner McLain, Ms. Polk advised the final cost is $168,923.34 and the two property owners have paid $30,000. The final assessment would be $138,923.34, with County participation.

Jere Pile addressed the Board to state he has reviewed the information that was presented to him, and he has discussed this with Pastor Gregg and they feel that the proposed assessments are more than reasonable.

Chairman Henley stated he received a Written Comment Form from Irene Shelton opposing the County paying for any part of the project.

Frank Shelton, 14 Stone Gate North, addressed the Board to state he has spent a number of years opposing this project and in the finale he had signatures from 75% of the adjoining property owners, Mandarin Association and the Markham Woods Association opposing it. He stated one of the reasons they didn’t want this project done was because Mandarin Subdivision was curved out so that the roads would curve around and reduce speed in that subdivision. The E.E. Williamson and Sunwood entrances have both left and right turn lanes into the property. He said he feels it is inappropriate to change any obligations that were discussed previously. He added he feels that the citizens of this County should not pay for this project.

No one else spoke in support or in opposition.

Written Comment and Speaker Request Forms were received and filed.

District Commissioner McLain stated when he looks at the history of the church and this location, he personally believes that the transportation plan in that area was a bad one. He stated he would not support a church being located back off the main access road and poor circulation through the neighborhood, but it was approved and they have to deal with the problems.

Motion by Commissioner McLain, seconded by Commissioner Maloy to adopt appropriate Resolution #2000-R-185, as shown on page ________, establishing final assessments for the Dixon Road Paving and Drainage MSBU with staff recommendations, with participation in the final assessment of $138,923.34.

Under discussion, Commissioner Maloy stated he had some reservations on the way this was approached, but with the staff’s research and information they brought forth, he is comfortable with it.

Upon inquiry by Chairman Henley relative to only having three Commissioners in attendance, Mr. McMillan advised a majority of the quorum needs to approve the request.

Chairman Henley stated he would like to know why the County didn’t participate in this when it was originally done, and why did they wait until now to decide it is appropriate to do this. Chairman Henley stated the County has had requests under the road paving program to be reimbursed.

Commissioner McLain stated he feels it was an oversight on the County’s part. He stated Pastor Freeman and the other applicant have done substantial research on this and they brought the issue of safety and the turn lanes to the Board’s attention. Staff has evaluated this and came to the conclusion that the conditions were handled correctly and needs to be justified. He said he is concerned about doing the right thing, therefore, he supports staff’s recommendation.

Chairman Henley stated he doesn’t have a problem with doing the right thing, but this Board should not have been faced with this decision now, it should have been done in the beginning.

Ms. Polk stated the ones that did not have County participation and are active do not have substantial notes that showed that they had any significant safety or health issues.

Robert McMillan, County Attorney, addressed the Board to advise he is not sure there is a mechanism of going back and dealing with final assessments that have been paid. That is the reason for having public hearings for final assessments and once the Board adopts the final assessment rolls and they are paid, there is no legal mechanism to go back and refund money.

Districts 1, 4 and 5 voted AYE.

Continuation of a public hearing to consider Substantial Deviation to Heathrow International Business Center Development of Regional Impact (DRI); property located south and west of Banana Lake Road and east of Island Lake, as described in the proof of publication, Kenneth Wright.

Chairman Henley stated the applicant has requested that this item be continued to September 12, 2000.

Matt West, Principal Planner, addressed the Board to advise that Mr. Lonnie Groot has informed him that the applicant has agreed to continuing this item to September 26 at 1:30 p.m.

No one spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Maloy to continue to September 26, 2000, at 1:30 p.m., or as soon thereafter as possible, request for Substantial Deviation to Heathrow International Business Center Development of Regional Impact (DRI); property located south and west of Banana Lake Road and east of Island Lake, as described in the proof of publication, Kenneth Wright.

Districts 1, 4 and 5 voted AYE.

Proofs of publication, as shown on page ________, calling for a public hearing to consider request for an Appeal against the Board of Adjustment (BOA) in denying a Special Exception for a 250-foot high telecommunication tower; property described as a 39.41 acre site located on the north side of SR 46, 1¼ miles east of CR-426, Nextel c/o Laura Bellflower, received and filed.

Ginny Markley, Principal Zoning Coordinator, addressed the Board to advise the property is assigned Rural 5 land use designation and A-5 zoning classification, which allows telecommunication towers upon obtaining a Special Exception. The site is surrounded on the north and west by the County’s natural lands and scattered single-family residences on the east and south. The BOA denied the Special Exception based on the tower being detrimental to the character of the area. In order for the Board to approve a Special Exception, they must determine that the request is: (1) Consistent with the general zoning plan of the rural zoning classification; (2) Not detrimental to the character of the area or neighborhood or inconsistent with the trends of development in the area or neighborhood; (3) Not highly intensive in nature; (4) Is compatible with the concept of low-density, rural land use; (5) Does not have an unduly adverse effect on existing traffic patterns, movements, or intensity; (6) Has access to an adequate level of public services such as sewage, water, police, fire, schools, and related services; and (7) Is consistent with the County’s Comprehensive Land Use Plan.

Ms. Markley stated staff has amended their recommendation based on a site visit made by them on August 17. She stated staff visited the site to view a tethered balloon float at the 250 ft. height. Staff expected the balloon to tower over the residences, but they could barely see the balloon hidden between the tree branches at the back of Mr. Racine’s property. If the appellant demonstrates that it is not possible to co-locate on an existing tower in the area, staff would withdraw their opposition to granting the Special Exception based on the sighting of the floated balloon.

Ms. Markley stated staff finds that: (1) The proposed tower is in compliance with the required 750-ft. separation from property assigned a residential land use, residential zoning classification and property with an existing residential use. The future land use for the surrounding properties is Rural 5, the current zoning classification is A-5 (Agriculture), and the tower is over 1,110 ft. away from property with an existing residential use (measured from the base of the tower to the property line with a residence); (2) The property tower is in compliance with the tower to tower separation requirement. A minimum of 1,500 ft. is required; (3) The BOA approved a 250-ft. high telecommunication tower for SBA, Inc. on a site located approximately 2 miles south of the subject property. The SBA, Inc. tower will allow co-location; (4) A 250-ft. high telecommunication tower is generally not permitted in an A-5 zoning district but may be appropriate provided that: (a) The visual impact of the tower and mechanical building is enhanced by existing vegetation or the planting of shrubs and trees; and (b) The tower is designed for the co-location of communication antennas in order to minimize the adverse visual impacts associated with the proliferation and clustering of communication towers; (5) The proposed 250-ft. high tower would be compatible with the general zoning plan, the rural zoning classification and would be compatible with the concept of low-density, rural land use. The tower lease area is 2,500 square feet of a larger 39.41 acre parent tract that is maintained for agricultural purposes and the proposed tower is setback approximately 1,100 ft. from a parcel with an existing residential use; (6) Since the floating of the balloon, staff finds that the proposed 250-ft. high tower would not be detrimental to the character of the area or neighborhood or inconsistent with the trends of development in the area. The proposed tower meets all the separation requirements, and although the site is a pastureland with sparse trees/vegetation, the tower would setback approximately 900 ft. from SR-46 and over 1,100 ft. from the east property line. In viewing the proposed site from the back of Mr. Racine’s property, approximately 1,100 ft. away, it was determined that the tower would be screened by existing trees that border the back of Mr. Racine’s property; (7) A 250-ft. high tower would be highly intensive in nature unless the visual impacts are mitigated through landscaping or other screening materials. There is existing vegetation to screen the existing residences in the area and the appellant is required by code to plant trees and shrubs at the base of the tower in order to screen any mechanical equipment. In addition, staff would recommend planting of additional trees along with irrigation along SR-46 and the west property line; (8) The proposed tower would not have an unduly adverse effect on existing traffic patterns, movements, or intensity. The tower site is unmanned and the only traffic associated with the tower is for an occasional maintenance vehicle; and (9) There is an adequate level of public services for the site (police and fire). After viewing the balloon floated by the appellant, staff does not have strong opposition to the granting of a Special Exception for a 250-ft. high monopole tower at this location.

Ms. Markley answered questions for Commissioner Maloy relating to the height of the average cell tower (140 ft.) and whether the 750-ft. separation includes A-1 with residential homes.

Upon inquiry by Chairman Henley, Ms. Markley advised BellSouth has a tower in the vicinity that is close to 250 ft. and it is located on the north side of SR-46, closer to the St. Johns River. She stated the SBA tower is located on Snow Hill Road and is currently under permit.

Upon further inquiry by Chairman Henley, Ms. Markley advised the Coastal tower, Seminole County tower, as well as the tower on SR 46 would have to be rebuilt. The SBA tower has a contract with two paging companies and after it is constructed it will have space.

Attorney Mark Watts, Cobb, Cole and Bell, addressed the Board to submit materials (received and filed) relating to the August 17 balloon test that was conducted. He began by reviewing the purpose of Nextel’s communication network and what they rely on.

Commissioner McLain asked how many more towers would be needed if the proposed towers were 140 or 150 feet. Whereupon, Attorney Watts advised that Robert Thomas, Nextel Engineer, will answer that question.

Upon further inquiry by Commissioner McLain, Attorney Watts advised this particular tower is designed for three to five co-locators. He stated he understands that it is based on the type of provider needed in this particular area. They are attempting to provide one tower that provides coverage over a large area and also clears interference created by trees. There recently was a case in another jurisdiction to see if they could co-locate with any small towers. In order to replace the service provided by the 240-ft. tower, they would need a minimum of 12 towers throughout the city.

Robert Thomas, representing Nextel, addressed the Board to advise the range of the tower is roughly 3 to 5 miles in this particular location. He stated the proposed structure will need 20 to 30 ft. vertical separation depending on the frequency.

Chairman Henley stated he would assume Nextel will go with a long-term lease with the landowner.

Attorney Watts stated to his knowledge they will, but he is not sure what the terms of the lease will be.

Chairman Henley asked if Nextel would charge other companies if they co-locate with them.

Attorney Watts stated Nextel is a communication company and they do not like to get into actual management of the towers. What they do, after they construct a tower, they have a contract to transfer the ownership to another company.

Upon inquiry by Chairman Henley, Mr. Thomas advised the next tower located close to this site is roughly 4 to 5 miles. He stated there are other sites to the west of Sanford.

Chairman Henley stated part of the concern he keeps hearing is the number of locations or towers that they are getting in the County and these requests don’t seem to go away.

Upon inquiry by Commissioner McLain, Attorney Watts advised he has had community meetings on this issue.

Commissioner McLain stated he believes most people in Geneva understand the need for towers and their concern is how many towers they are going to have. He stated he believes everyone in that area knows that another tower will have to be placed somewhere out there. He said the BOA denied the request, then staff has changed their position at the last minute, and there are citizens in that area that have reservations of having towers in their area. He stated he is not sure that tonight is the right time to make a decision on this issue.

Attorney Watts stated there was a community meeting prior to the BOA meeting and the concerns that were raised were the aesthetic impact and the impact on the character of the area. He said Nextel tried to eliminate or reduce the citizens’ concerns. Nextel has looked at the sites of BellSouth, Seminole County and SBA to determine if they could locate on their towers. The need for this tower is based on the fact that they cannot locate on other towers at this point and provide the service needed.

Commissioner McLain stated he would like to know if this site is going to be compatible for other users. He stated he is talking about 250 ft. getting broader coverage with less towers and more co-location.

Attorney Watts stated when he looked at going forward with this site, the citizens raised issues of locating on two separate towers and the BellSouth tower.

Commissioner McLain stated he feels it may be appropriate to continue this item in order to give him an opportunity to meet with Attorney Watts and the community to discuss this issue further.

Chairman Henley stated he feels that the tower companies need to get together with the residents to determine what their needs are.

Attorney Watts stated if there are other things he can do to work with the residents, he would be happy to do that.

Chairman Henley stated he is sure that this is not the only site. He stated there has to be a meeting of minds for service of cell phones in order to minimize the number of towers.

Chairman Henley recessed the meeting at 8:08 p.m., reconvening at 8:17 p.m.

Commissioner McLain stated the applicant feels that this item needs to be continued to October 10, 2000 at 7:00 p.m. in order to come to a better conclusion that would suit the needs of the community and Nextel.

Earl Frederickson, 753 Phoenix Lane, addressed the Board to state this is the second meeting he has attended on this issue and he would like a guarantee that a decision will be made at that time.

Chairman Henley stated he feels the District Commissioner is trying to ensure that there will be meetings with Nextel and the citizens to discuss these issues.

Mr. Frederickson stated he saw the balloon flying test directly in front of his property and he is confused with that test as well.

Commissioner McLain stated that will be cleared up during that time.

Mr. Frederickson stated he would like to be sure that he is notified of the meeting date and time.

Commissioner McLain stated staff will make sure that the association as well as the everyone else will be notified.

No one else spoke in support or in opposition.

Motion by Commissioner McLain, seconded by Commissioner Maloy to continue to October 10, 2000 at 7:00 p.m., or as soon thereafter as possible, request for an Appeal against the Board of Adjustment (BOA) in denying a Special Exception for a 250-foot high telecommunication tower; property described as a 39.41 acre site located on the north side of SR 46, 1¼ mile east of CR-426, as described in the proof of publication, Nextel c/o Laura Bellflower.

Districts 1, 4 and 5 voted AYE.

Proofs of publication, as shown on page ________, calling for a public hearing to consider the Chuluota Non-residential Design Standards Zoning Overlay Ordinance, received and filed.

Nancy Roberts, Senior Planner, addressed the Board to state this is the second public hearing for the proposed Chuluota Non-residential Design Standards Zoning Overlay Ordinance. She stated staff gave a brief overview of the design standards at the July 25, 2000 meeting and changes from that meeting include revisions to the parking, signage, service areas, and site furnishing provisions. In addition, staff is in the process of drafting a Comprehensive Plan text amendment that will apply the design standards to properties along CR 419 that are amended in the future to allow for commercial and office uses. The text amendment will be presented to the Board on September 12, 2000. She stated the Local Planning Agency (LPA) and the Board directed staff to develop nonresidential design standards for properties along CR-419 in order to protect the rural character of Chuluota. She added 2,200 written surveys were distributed to area residents and businesses to solicit public opinion regarding these regulations. Staff has held a series of community meetings to perform visual preference surveys and to gauge residence preferences on design standards and to review the proposed ordinance. The majority of the resident supported continuing the rural character of the area through design standards. The proposed overlay applies to new development and redevelopment and it would not affect the current allowed uses of property within the overlay, but would regulate nonresidential construction of properties on this property. The LPA recommended approval of the design standards zoning overlay ordinance including any modifications recommended by the Board.

Ms. Roberts reviewed for Commissioner Maloy the lighting standards and crime prevention issues.

Kathleen Corbett, 118 E. 8^th St., addressed the Board to speak in support of the proposed ordinance. She stated she feels that this is a wonderful idea, but she does not want any neon signs or fast food restaurants. She added she wants to keep it as a nice area and not like 17-92.

Upon inquiry by Commissioner Maloy, Ms. Roberts advised staff included those high-density residential properties just to the extent they would be used for office uses. Since those properties are currently developed as residential, staff has no objection to removing the section that squares off the corner.

No one else spoke in support or in opposition.

Speaker Request Form was received and filed.

Motion by Commissioner Maloy, seconded by Commissioner McLain to adopt Ordinance #2000-44, as shown on page _________, enacting the proposed Chuluota Non-residential Design Standards Zoning Overlay, as described in the proof of publication, as amended.

Districts 1, 4 and 5 voted AYE.

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There being no further business to come before the Board, the Chairman declared the meeting adjourned at 8:35 p.m., this same date.

ATTEST_____________________Clerk____________________Chairman

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