CAPTIONING AUGUST 16, 2007 ENVIRONMENTAL PROTECTION COMMISSION REGULAR MEETING AND PUBLIC HEARING MORNING SESSION ***This is not an official verbatim transcript of the ***following meeting. It should be used for informational ***purposes only. This document has not been edited; ***therefore, there may be additions, deletions, or words ***that did not translate. >>BRIAN BLAIR: WELCOME TO THE AUGUST 16th ENVIRONMENTAL PROTECTION COMMISSION MEETING, AND IF YOU'D PLEASE RISE FOR THE PLEDGE AND THE PRAYER. [PLEDGE OF ALLEGIANCE] HEAVENLY FATHER, WE THANK YOU FOR THIS DAY. FATHER, THANK YOU FOR THESE PEOPLE THAT HAVE COME OUT TODAY TO EXPRESS THEIR OPINIONS AND THEIR DIFFERENCES, AND MAY WE ALL COME TOGETHER AT THE END OF THIS MEETING AND REALIZE THAT WE'RE HERE FOR A COMMON GOAL, THAT WE ALL WANT TO HAVE A SAFE, POSITIVE, PRISTINE ENVIRONMENT, AND THAT WE ALL WANT TO PROTECT OUR WETLANDS, AND FATHER, THAT WE ALL WANT TO LIVE IN THIS COMMUNITY TOGETHER SIDE BY SIDE, REGARDLESS OF OUR OPINIONS. FATHER, WE ARE GRATEFUL TO BE AMERICANS. WE ARE GRATEFUL FOR THIS WONDERFUL COUNTY THAT WE LIVE IN, AND FATHER, I SAY AND ASK A SPECIAL REQUEST, THAT YOU WOULD BLESS THE SOUL OF RON HARRISON. SERGEANT HARRISON WAS ONE OF THE FIRST EPC OFFICERS TO SERVE, AND HE DID A WONDERFUL JOB. MAY YOU COMFORT HIS FAMILY. AND WE ALSO THAT YOU COMFORT THE SOUL OF JAMES "ANDY" ANDERSON, ONE OF OUR FIREFIGHTERS WHO ALSO RECENTLY PASSED AWAY. FATHER, WE THANK YOU FOR EVERYBODY IN THIS COMMUNITY. I THANK YOU FOR MY COLLEAGUES, FOR THIS STAFF, AND FOR EVERYBODY THAT'S HERE. PLEASE GIVE US WISDOM, KNOWLEDGE, AND UNDERSTANDING AS WE DELIBERATE THE ISSUES AND MAKE HILLSBOROUGH COUNTY THE GREATEST COUNTY IN THE NATION. IN YOUR NAME, LORD, WE PRAY. AMEN. BEFORE WE GET STARTED, I'D LIKE TO ANNOUNCE THAT -- FOR INFORMATIVE PURPOSES, THOSE THAT HAVE JOINED US FOR THIS PUBLIC HEARING TODAY, WE HAVE PROVIDED SEATING IN THE 26th FLOOR CONFERENCE ROOM FOR OVERFLOW CAPACITY. IN THAT CONFERENCE ROOM YOU WILL BE ABLE TO VIEW THE MEETING COVERAGE ON THE MONITORS. IF YOU CHOOSE TO SPEAK, STAFF WILL ALSO BE AVAILABLE ON THE 26th FLOOR TO SIGN YOU UP, AND YOU'LL BE ABLE TO PROVIDE YOUR COMMENT AT THE PODIUM SET UP IN THAT LOCATION, AND WHEN YOUR NAME IS CALLED TO SPEAK, THE BOARD WILL BE ABLE TO SEE YOU LIVE ON OUR MONITORS IN THE SECOND FLOOR RIGHT HERE. SO ANYBODY ON THE 26th FLOOR, YOU WILL BE SEEN AND YOU WILL BE HEARD. WE HAVE SEVERAL PEOPLE SIGNED UP BEFORE WE GET -- BEFORE WE GO INTO PUBLIC COMMENT. WE HAVE THE -- I'D LIKE TO GO FIRST TO THE CITIZENS ENVIRONMENTAL ADVISORY COMMITTEE REPORT FROM DAVID JELLERSON. >>JIM NORMAN: THEY ALL SHOWED UP FOR YOU? [LAUGHTER] >>DAVID JELLERSON: GOOD MORNING, COMMISSIONERS. DAVID JELLERSON, CHAIR OF THE CITIZENS ENVIRONMENTAL ADVISORY COMMITTEE. ON AUGUST 6th, THE CITIZENS ENVIRONMENTAL ADVISORY COMMITTEE HELD AN EXTENDED MEETING WITH TWO PRIMARY GOALS. THE FIRST WAS TO REVIEW AND DISCUSS THE ONGOING ISSUES WITH THE -- REGARDING THE EPC WETLAND PROGRAM, AND THE SECOND GOAL WAS TO COMPLETE HEARING PRESENTATIONS FROM THE POLLUTION RECOVERY FUND GRANT APPLICANTS. REGARDING THE EPC WETLAND PROGRAM, THE COMMITTEE WAS UPDATED ON THE STAFF'S PROGRAM EVALUATION EFFORTS AND PROVIDED A REVIEW OF PROPOSED RULE CHANGES IN SUPPORT OF THE HYBRID OPTION. FOLLOWING THE REVIEW AND DISCUSSION, THE COMMITTEE PASSED THE FOLLOWING MOTION: CEAC RECOMMENDS THAT THE BOARD NOT ELIMINATE THE WETLANDS MANAGEMENT DIVISION AND CONCEPTUALLY SUPPORTS THE HYBRID MODEL, AND WE ENCOURAGE THE BOARD TO ALLOW THE EPC TO MOVE FORWARD WITH THE IMPROVEMENTS TO THE PROCESS. AS I INDICATED, THE REMAINDER OF THE MEETING INVOLVED PRESENTATIONS BY THE POLLUTION RECOVERY GRANT APPLICANTS. AT OUR NEXT MEETING WE'LL BE CONDUCTING EVALUATIONS OF THE PROPOSALS TO PREPARE FUNDING RECOMMENDATIONS FOR THIS BOARD. THANK YOU. >>BRIAN BLAIR: THANK YOU VERY MUCH, DAVID. BOARD MEMBERS, ANY QUESTIONS FOR DAVID? THANK YOU, DAVID. GREAT REPORT. NEXT WE WILL HAVE THE CONSENT AGENDA. IF ANYBODY HERE IS SIGNED UP TO SPEAK AND THEY WISH TO SPEAK ABOUT THE CONSENT AGENDA, YOU WILL HAVE THREE MINUTES TO SPEAK REGARDING THE CONSENT AGENDA ONLY, WHAT IS ON THE CONSENT AGENDA, AND I'LL FORWARD NOW TO OUR COUNSEL, RICK TSCHANTZ, AND HE WILL EXPLAIN THE OUTLINE OF -- OF THE CITIZENS ADVISORY -- I MEAN OF THE CONSENT AGENDA MEETING HERE. >>RICHARD TSCHANTZ: COMMISSIONER, ALL WE WERE GOING TO SAY TO THIS ITEM IS THE PUBLIC COMMENT THAT'S NORMALLY TAKEN IN THE BEGINNING, WE WOULD LIKE TO HAVE THAT FOR ANY ITEM THAT IS NOT RELATED TO THE WETLAND ISSUE BECAUSE WE HAVE A PUBLIC HEARING. WE'D LIKE TO MAKE A PROPER RECORD OF THE PUBLIC HEARING, SO ANY WETLAND COMMENTS SHOULD BE MADE DURING THE PUBLIC HEARING, SO FOR THIS FIRST SET OF PUBLIC COMMENT, IF ANYONE IS HERE TO SPEAK TO ITEMS ON THE CONSENT AGENDA OR ANY OTHER RELATED ISSUE, ENVIRONMENTAL ISSUE, THEY CAN DO THAT NOW, BUT IF YOU'RE SPEAKING TO THE WETLAND ISSUE, WE'D LIKE TO HAVE THAT DURING THE PUBLIC HEARING PORTION TO MAKE THE PROPER RECORD. >>BRIAN BLAIR: OKAY. WITH THAT SAID, IS THERE ANYBODY TO SPEAK TO THE CONSENT AGENDA? >>ROSE FERLITA: MR. CHAIRMAN. >>BRIAN BLAIR: YES. >>ROSE FERLITA: I DON'T BELIEVE YOU SEE THAT MY LIGHT IS ON. THAT BEING SAID, WHEN WE DO GET TO THE ISSUES OF THE PUBLIC HEARING AND LISTENING TO THE AUDIENCE, I WOULD LIKE TO HAVE THE OPPORTUNITY TO MAKE A COMMENT BEFORE WE GO INTO THAT. OKAY? >>BRIAN BLAIR: I'LL GIVE -- YES, I WILL DO THAT. >>ROSE FERLITA: WAS THAT A YES? I DIDN'T HEAR WHAT YOU SAID. >>BRIAN BLAIR: WE HAVE LAID OUT THE -- EVERYBODY WILL GET THREE MINUTES, AND OUR ATTORNEY, RICK TSCHANTZ, WILL EXPLAIN THAT. >>ROSE FERLITA: BUT WE'RE TALKING ABOUT THE PUBLIC COMMENT. WE HAVEN'T ADDRESSED YOUR RULES OF PROCEDURE FOR THE PUBLIC HEARING. >>BRIAN BLAIR: WE ARE GOING TO. >>ROSE FERLITA: OKAY. AT THAT POINT I WAS JUST ASKING THAT I BE ABLE TO MAKE A COMMENT, OKAY, SIR? >>BRIAN BLAIR: SURE. YES, MS. SMITH. >> AS JUST EXPLAINED BY COUNSEL -- GOOD MORNING, HOW ARE YOU, MR. TSCHANTZ; GOOD MORNING, RICK; GOOD MORNING, JOYCE. BON GIORNO. IT'S MORNING. SOMEWHERE IN THE WORLD IT'S TIME FOR A DRINK. [LAUGHTER] ANYWAY, THE REASON WHY I'M HERE ON THIS POINT FOR THE REGULAR EPC IS THAT YOU SAID THAT YOU SAID NON-WETLAND ISSUES, AND THAT'S WHAT I'M ADDRESSING HERE. >>BRIAN BLAIR: THIS IS ANYTHING ON THE CONSENT AGENDA. >> HE JUST SAID ANYTHING ALSO THAT IS NOT ON THE OTHER. >>BRIAN BLAIR: OKAY. GO AHEAD. >> I HEARD HIM. I DON'T HAVE A BAD HEARING PROBLEM. OKAY? NOR THINKING PROBLEM. I WANT TO KNOW WHY YOU HAVE MEMBERS ON YOUR ENVIRONMENTAL - - VARIOUS ENVIRONMENTAL COMMITTEES THAT YOU GOES APPOINT OR ALONG THE LINE HAVING BEEN EXPOSED TO MANY OF THEM AND NOT AGREEING WITH THEM ON MANY OCCASIONS -- WHY YOU WOULD ALLOW A SEAWALL TO BE BUILT WITH COMMITTEE MONEY THAT IS CLEARLY AGAINST WHAT THE COMMITTEE IS SUPPOSED TO DO. YEAH, WHY DID THE LADY ON THE RIVER, ON THE PALM RIVER, GET A WALL BUILT FOR HER OUT OF THAT MONEY? YOU OUGHT TO BE REAL INTERESTED IN WHY THAT OCCURRED. SHE'S A POLITICAL FRIEND. THERE'S THE ANSWER. IN CASE YOU FOLKS AT HOME DON'T KNOW THAT, POLITICAL FRIENDS SEEM TO CARRY A LOT OF WEIGHT AROUND HERE. IF THERE'S ANY DOUBT IN YOUR MIND, THEY'RE SITTING HERE NOW, FOLKS. REMEMBER THE SAMPLE BALLOTS I TOLD YOU PEOPLE TO HAVE? KEEP THEM HANDY, THOSE AT HOME. REMEMBER ALL THE NAMES THAT ARE SITTING HERE BECAUSE THEY ARE HERE TO NOT TAKE CARE OF YOU, AND THAT'S ALL I WANT TO SAY RIGHT NOW. OH, WAIT, WAIT. I REALLY WOULD LIKE TO ADDRESS THE NAIVETY OF A DIRECTOR WHO THINKS HE CAN REASON WITH FOUR RABID DOGS WHILE HOLDING A HANDFUL OF HAMBURGER. GOOD-BYE. >>BRIAN BLAIR: I HAVE TERRY FLOTT ON THE CONSENT AGENDA OR ANYTHING UNRELATED. >> GOOD MORNING, COMMISSIONERS. YOU WILL NOTICE I SIGNED UP ON ALL OF THE SHEETS TODAY BECAUSE I THOUGHT IT WAS A LITTLE UNUSUAL WE HAD SO MANY SIGN-IN SHEETS, SO I WANTED TO MAKE SURE WE'RE ALL ON THE RIGHT ONE. YOU'RE GOING TO EXPLAIN THAT? >>BRIAN BLAIR: YES, MA'AM. >> AND ALSO, I DISAGREE WITH THAT PROCESS THAT YOU HAVE WITH ALL THE DIFFERENT SIGN-IN SHEETS. I THINK IT'S GOING TO BE VERY CONFUSING FOR A LOT OF PEOPLE. SIMPLE SIGN-IN SHEET BECAUSE WE WON'T KNOW -- A LOT OF US WON'T KNOW UNTIL WE HEAR THE PRESENTATION BY STAFF WHAT CHANGES HAVE BEEN MADE MORE RECENTLY, AND SO THAT PUTS PEOPLE IN A DIFFICULT POSITION, SO I HOPE YOU WILL RECONSIDER THAT AT FUTURE MEETINGS. [APPLAUSE] >>BRIAN BLAIR: THANK YOU, MS. FLOTT. >>KEVIN WHITE: MR. CHAIRMAN, I MOVE THE CONSENT AGENDA. >> SECOND. >>BRIAN BLAIR: I'VE GOT A MOTION BY COMMISSIONER WHITE AND A SECOND BY COMMISSIONER HIGGINBOTHAM. >> EXCUSE ME. [INAUDIBLE] >>BRIAN BLAIR: OKAY. >>KEVIN WHITE: THIS ISN'T SIGN-IN, THIS IS -- >>BRIAN BLAIR: PARDON ME? THIS IS JUST MOVE THE CONSENT AGENDA. WE'LL GO AHEAD AND TAKE THAT AFTER PUBLIC COMMENT, GO AHEAD AND FINISH PUBLIC COMMENT. DENISE LAYNE. >> GOOD MORNING, COMMISSIONERS. MY NAME IS DENISE LAYNE. I'M EXECUTIVE DIRECTOR OF COALITION FOR RESPONSIBLE GROWTH. FIRST OF ALL, I WANT TO REITERATE WHAT TERRY SAID. THERE'S TWO PUBLIC HEARINGS. THERE SHOULD BE TWO SIGN-IN SHEETS. YOU HAVE CREATED A LEGAL QUAGMIRE FOR YOURSELF ON NOTICE. WE DIDN'T KNOW WHICH ONES TO SIGN, SO I SIGNED ALL FOUR TOO. YES, YOU'RE GOING TO SEE MY NAME ON THE LIST THAT SAYS ELIMINATE THE WETLANDS BECAUSE I WANT TO SPEAK ON THAT ISSUE. I DO NOT WANT THEM. ENOUGH OF THE WETLANDS. I RESPECT YOUR RULES. I WANT TO TALK TO YOU ABOUT THE BUDGET. YOU, AS THE EPC COMMISSION, I AM ASKING YOU TO WRITE A FORMAL LETTER TO THE BOARD OF COUNTY COMMISSIONERS ASKING THEM TO RESTORE 5% OF THE 10% OF THE BUDGET YOU'RE CUTTING BECAUSE, GEE, THAT 5% WAS BASED ON DUPLICATION. THERE IS NO LEGAL RECORD OF DUPLICATION. WE ARE ABOUT TO STOP WATCHING AND MONITORING OUR DESAL PLANT? DESAL PLANT THAT DOESN'T WORK? THAT WE TOLD YOU SHOULDN'T BE THERE FROM THE BEGINNING? WON'T WORK, AND YOU'RE GOING TO STOP WATCHING THAT TO PROTECT THIS COMMUNITY? YOU HAVE THE DUTY UNDER YOUR SPECIAL ACT, THE DUTY, THE LAW REQUIRES YOU TO PROTECT THE ENVIRONMENT, PROTECT THE ENVIRONMENT. ACTUALLY, UNDER I BELIEVE IT'S SECTION 5, PARAGRAPHS 3 AND 4, YOU NOT ONLY HAVE THE DUTY TO PROTECT, YOU'RE SUPPOSED TO ENHANCE. YOU'RE SUPPOSED TO FIND WAYS TO MAKE IT STRONGER, BETTER. WITH THAT SAID, PUT YOUR EPC HAT ON FOR THIS MEETING INSTEAD OF YOUR COUNTY COMMISSION HAT. PLEASE DIRECT A LETTER TO THE COUNTY COMMISSION BOARD ASKING TO RESTORE THAT 5%. YOU CANNOT CRIPPLE THIS AGENCY EVEN IF YOU DON'T ELIMINATE IT BY SKELETON STAFF. OUR STAFF RESPONDED IN THE CYPRESS CREEK -- EPC, NOT EVEN IN OUR COUNTY, IT WAS AT THE HILLSBOROUGH COUNTY LINE IN CYPRESS CREEK -- IN TWO HOURS AFTER THEY WERE CALLED TWO WEEKS AGO. SWFWMD WAS CALLED. FOUR DAYS LATER. ARMY CONSENSUAL, FOUR OR FIVE DAYS LATER. GEE, BY THE TIME THEY GOT THERE, COULDN'T SPOT THE PROBLEM ANYMORE. ASKED THEM TO COME BACK THREE DAYS LATER AND THERE WAS TORRENTIAL DOWNPOURS. GEE, COULDN'T MAKE IT. EPC RIGHT BACK AGAIN. ASK YOUR STAFF WHAT KIND OF RESULTS THEY'VE GOT FROM DUMPING THAT WATER INTO CYPRESS CREEK. THEY FOUND TURBIDITY. GEE, IT'S SUPPOSED TO BE 0 TO 49 PARTS PER WHATEVER. TOO SCIENTIFIC, BUT I KNOW ENOUGH TO KNOW NUMBERS. THEY FOUND 245 UNITS. THAT IS POLLUTING CYPRESS CREEK. THAT IS POLLUTING YOUR HILLSBOROUGH RIVER, AND YOU ARE THE STEWARDS IN CHARGE. I'M BEGGING YOU, PLEASE DO YOUR DUTIES AND RESTORE 5% OF THAT BUDGET AND LET US CONTINUE TO HAVE THE PROTECTION WE VOTED FOR, WE WANTED, AND WE SUPPORTED FOR 40 YEARS. THANK YOU. >>BRIAN BLAIR: THANK YOU, MS. LAYNE. [APPLAUSE] I'VE GOT A C. COLSTON -- C. COLSTON, MARIELLA OSTEEN, KERMIT OSTEEN, AND MARIELLA SMITH. ANYBODY -- IF YOU'RE GOING TO SPEAK TO THE WETLANDS, THAT'S FINE. I'LL JUST READ THE NAMES, AND IF YOU'RE HERE TO SPEAK TO THE CONSENT AGENDA OR ANOTHER AGENDA TOPIC, THEN YOU CAN COME UP. LISA RODRIGUEZ, MARK NASH, NANCY O'CONNOR, JEANETTE DOYLE. I'M SORRY, IT'S McKIERNAN IT LOOKS LIKE IS THE LAST NAME. I CAN'T SEE THE FIRST NAME. AMANDA POWERS, ANN PAUL. OKAY. WELCOME. >> GOOD MORNING, COMMISSION. THE BIG SCREEN'S NOT ON, SO IF YOU COULD PUT THAT UP FOR US, THAT WOULD BE GREAT. >>BRIAN BLAIR: THANK YOU VERY MUCH FOR BRINGING THAT TO OUR ATTENTION. >> AND ALSO, TOO, IN THE FUTURE, IF THESE MEETINGS COULD BE HELD IN THE EVENING FOR PUBLIC HEARINGS IN AN AUDITORIUM WHERE EVERYONE COULD COME TOGETHER AND REALLY FEEL LIKE THEY'RE A PART OF THESE MEETINGS, THAT WOULD BE VERY, VERY GOOD. THANK YOU. [APPLAUSE] >> COMMISSIONER BLAIR -- >>BRIAN BLAIR: COULD YOU PLEASE -- EXCUSE ME. EXCUSE ME, MA'AM. COULD YOU PLEASE COME BACK AND STATE YOUR NAME ON THE RECORD. I'M SORRY TO MAKE YOU DO THAT. >> LISA RODRIGUEZ, 1808 LIDO DRIVE, BRANDON. >>BRIAN BLAIR: WITH THAT, I HAVE A MOTION BY COMMISSIONER WHITE TO APPROVE THE CONSENT AGENDA, SECONDED BY COMMISSIONER HAGAN -- OR HIGGINBOTHAM, EXCUSE ME. PLEASE RECORD YOUR VOTE. >>RECORDING SECRETARY: MOTION CARRIED 7-0. >>BRIAN BLAIR: OKAY. BEFORE WE GO INTO THE PUBLIC HEARING, I'D LIKE TO ASK OUR COUNSEL, RICK TSCHANTZ, TO PLEASE OUTLINE THE PROCEEDINGS FOR US. >>RICHARD TSCHANTZ: COMMISSIONER, THIS IS A NOTICED PUBLIC HEARING. WE'RE GOING TO TAKE ACTION ON AMENDING RULES OF THE EPC. THE HEARING WAS PROPERLY NOTICED IN THE TAMPA TRIBUNE ON AUGUST 3rd, 2007. AND THE COMMISSION DIRECTED THE EPC STAFF ON JULY 26th, OUR LAST REGULAR MEETING, TO NOTICE THIS HEARING FOR THE PURPOSE OF AMENDING THE EPC RULES TO DO ONE OF TWO THINGS, EITHER IMPLEMENT THE HYBRID OPTION PLAN FOR THE WETLAND DIVISION OR TO ELIMINATE THE DUTIES OF THE WETLAND MANAGEMENT DIVISION. THE NOTICE SPECIFIES THE RULE AMENDMENTS THAT WILL BE NECESSARY TO ACCOMPLISH EITHER ONE OF THESE TWO ALTERNATIVES. MINOR CHANGES TO THE PROPOSED AMENDMENTS CONSISTENT WITH THE EPC VOTE ON JULY 26th CAN BE CONSIDERED. HERE'S THE ORDER OF THE HEARING THAT WE'VE PROPOSED. A BRIEF SUMMARY OF THE HYBRID UPDATE WILL BE GIVEN BY DR. GARRITY, AT WHICH TIME WE'LL GO INTO A SHORT SUMMARY OF THE PROPOSED RULE CHANGES TO ACCOMPLISH THESE TWO ALTERNATIVES THAT WERE NOTICED, AND MR. ZODROW OF THE LEGAL DEPARTMENT OF EPC WILL DO THAT. COMMISSIONER BLAIR THEN WILL OPEN UP THE PUBLIC HEARING FOR PUBLIC COMMENT, AFTER WHICH THERE'LL BE BOARD DISCUSSION AND VOTE. SO THAT'S HOW WE PROPOSE TO GO FORWARD, AND WE CAN DISCUSS THE PUBLIC COMMENT ISSUE EITHER NOW OR AT THE TIME YOU OPEN UP THE PUBLIC COMMENT. >>BRIAN BLAIR: AND WE WILL ALLOW THREE MINUTES FOR PUBLIC COMMENT. THERE'S SEVERAL PEOPLE THAT HAVE SIGNED UP ON ALL THE SHEETS. I DON'T KNOW THAT THEY WERE -- I'M SORRY IF YOU PERCEIVE THEM TO BE CONFUSING, BUT ANYWAY, I THOUGHT THEY WERE PRETTY EASILY READ. WITH THAT SAID, WE WILL GO TO -- COMMISSIONER FERLITA, DID YOU SAY -- >>ROSE FERLITA: I JUST WANTED TO REHEAR THAT, MR. BLAIR. I'M EXCITED THAT EVERYBODY'S GOING TO HAVE THAT OPPORTUNITY FOR THREE MINUTES OF SPEAKING, AND THAT'S WHAT I WAS GOING TO ASK IN TERMS OF OUR RULES OF ORDER. GREAT. >>BRIAN BLAIR: OKAY. >>ROSE FERLITA: WONDERFUL. APPRECIATE IT. >>BRIAN BLAIR: THANK YOU, COMMISSIONER FERLITA. I'VE GOT COMMISSIONER NORMAN. >>JIM NORMAN: MR. TSCHANTZ, ONE OF THE THINGS THAT I GUESS I'M SOMEWHAT CONFUSED ABOUT IS THAT YOU'RE GOING TO HAVE THE DIRECTOR LAY OUT THE PLAN, AND IF THERE WAS ANY COMMENTS OR WHATEVER TOWARDS THAT PLAN, IT SEEMS TO ME THAT THE PUBLIC WOULD BE ABLE TO HEAR SOME BOARD DISCUSSION BEFORE THEY HAD THEIR COMMENTS BECAUSE IF WE HEAR THE DIRECTOR'S COMMENTS AND THEN THEY SPEAK, THEN FROM MY PERSPECTIVE, NO ONE IN THE AUDIENCE HEARS WHAT WE BELIEVE IS ON POINT TO MAYBE WHAT DR. GARRITY HAS BEEN SAYING, AND THEY'RE SPEAKING IN A VACUUM, OTHERWISE, SO I BELIEVE THERE SHOULD BE SOME AT LEAST DIALOGUE HERE BEFORE THE PUBLIC SPEAKS TO SEE WHAT DIRECTION AND OTHER COMMENTS THIS BOARD HAS TOWARDS THE GARRITY PLAN OR -- >>RICHARD TSCHANTZ: I THINK THAT'S A VERY GOOD IDEA. THIS WAS JUST A PROPOSAL. >>JIM NORMAN: RIGHT. >>RICHARD TSCHANTZ: AFTER DR. GARRITY, THERE CAN BE BOARD DISCUSSION BEFORE PUBLIC COMMENT, SURE. >>JIM NORMAN: I MEAN, I JUST THINK THERE NEEDS TO BE SOME. >>BRIAN BLAIR: SOME BOARD DISCUSSION? >>JIM NORMAN: YEAH. HIM LAY HIS PLAN OUT, AND THEN WE SHOULD HAVE A LITTLE BIT OF DIALOGUE ABOUT HIS PLAN AND THEN HAVE THE PUBLIC SPEAK TO OUR -- >>BRIAN BLAIR: YEAH, WE WILL. WE'LL DO THAT. >>JIM NORMAN: OKAY. >>BRIAN BLAIR: OKAY. >>RICHARD TSCHANTZ: AND COMMISSIONERS, COMMISSIONER JUST PASSED A NOTE SAYING WE OUGHT TO DECIDE NOW WHAT TIME WE SHOULD BREAK FOR LUNCH JUST SO THE AUDIENCE KNOWS BECAUSE IF THE THREE MINUTES TAKES US PAST LUNCH, THIS MEETING IS REGULARLY SCHEDULED FROM 9:00 TO 12:00, SO WE PROBABLY OUGHT TO ADDRESS THAT ISSUE. >>BRIAN BLAIR: WE'LL GO TO 12:00 AND RECONVENE AT 1:30. IS THAT OKAY WITH EVERYBODY? IS THAT FINE? >>RICHARD TSCHANTZ: YOU MAY NEED A MOTION TO EXTEND THE REGULAR PUBLIC MEETING TO DO THAT. >>ROSE FERLITA: MR. CHAIRMAN, I MOVE THAT WE BREAK FOR LUNCH, RECONVENE AT 1:30, AND TAKE AS LONG AS IT TAKES. >> SECOND. >>BRIAN BLAIR: WE HAVE A MOTION BY COMMISSIONER FERLITA, SECONDED BY COMMISSIONER SHARPE. PLEASE RECORD YOUR VOTES. >>RECORDING SECRETARY: COMMISSIONER FERLITA AND HIGGINBOTHAM. >>BRIAN BLAIR: ALSO -- >>RECORDING SECRETARY: MOTION CARRIED -- >>ROSE FERLITA: YES, I'LL SUPPORT MY MOTION. >>RECORDING SECRETARY: MOTION CARRIED 7-0. >>BRIAN BLAIR: ALSO, JUST SO EVERYBODY KNOWS, AS A RESPECT TO COMMISSIONER PLATT, SHE HAS TO BE OUT OF HERE AT 10:00, AND I DID PROMISE HER THAT WE WOULD GET HER IN BEFORE 10:00 AND ALLOW HER TO SPEAK, AS SHE HAS A FAMILY EMERGENCY. OKAY? AND I'VE GOT -- WHO'S -- THAT COMMISSIONER SHARPE? DR. GARRITY, I'M SORRY. HIGGINBOTHAM. >>AL HIGGINBOTHAM: I JUST WAS GOING TO SPEAK IN SUPPORT OF MR. NORMAN'S SUGGESTION THAT THERE BE SOME FEEDBACK OR QUESTIONS AFTER DR. GARRITY'S PROPOSAL, THAT WAY THE PUBLIC, WHO'S BEEN SO FAITHFUL AT ALL THESE MEETINGS CAN KIND OF GET A FEEL FOR WHERE WE ARE, AND THEN WE'LL HEAR COMMENTS FROM PUBLIC AND THEN PROCEED FROM THERE. >>BRIAN BLAIR: THAT SOUNDS GOOD. AND SEAT 7, I'M SORRY, IS -- >>JIM NORMAN: THAT'S IT. >>BRIAN BLAIR: OKAY. THAT'S IT. ALL RIGHT. FROM HERE -- >>RICK GARRITY: OKAY, COMMISSIONERS, I THINK I'M UP. >>BRIAN BLAIR: YOU'RE UP. >>RICK GARRITY: GOOD MORNING. RICK GARRITY, YOUR DIRECTOR, AND YOU HAVE BEFORE YOU AT YOUR PLACES, I HOPE, THE POWERPOINT PRESENTATION, AND ELAINE, IF YOU COULD FIRE THAT UP. I HAD A COUPLE OF OPENING COMMENTS I WANTED TO MAKE, AND MY PRESENTATION WILL BE ABOUT TEN MINUTES' LONG. IT'S NOT GOING TO BE AS LONG AS THE ONE LAST MONTH. I WANTED TO LET YOU KNOW THAT WHAT WE'RE DOING HERE IN THIS PRESENTATION IS GIVING YOU A RECAP OF THE HYBRID MODEL OR HYBRID PROPOSAL ALONG WITH SOME UPDATES THAT WE MADE TO IT. IT'S BEEN A DRAFT DOCUMENT THIS WHOLE TIME, AND NOW IT'S A FINAL DOCUMENT THAT WE'RE PRESENTING TO YOU. IN THE LAST THREE WEEKS WE'VE MET WITH A LOT OF STAKEHOLDERS, WE'VE CONDUCTED TWO WORKSHOPS TO RECEIVE COMMENTS ON THE RULES THAT WE'RE BRINGING BEFORE YOU TODAY, WE'VE MET WITH LOTS AND LOTS OF GROUPS, AND INCLUDING THREE MINUTES -- THREE MEETINGS SEPARATELY JUST WITH THE AGRICULTURAL FOLKS. AND REGARDING THE HYBRID MODEL, I'D LIKE TO ASSURE YOU, COMMISSIONERS, THAT THIS IS NOT SOME FUZZY THEORETICAL PIE- IN-THE-SKY PROPOSAL. I'VE HEARD A COUPLE OF COMMENTS LIKE THAT. THIS IS A REAL PROPOSAL. IT'S AN INNOVATIVE PROPOSAL, AND I BELIEVE THAT -- AS YOUR DIRECTOR, I'M TELLING YOU THAT I BELIEVE IT'S RESPONSIVE TO YOUR CONCERNS, YOUR CONCERNS ABOUT DOING STREAMLINING AND REDUCING REAL OR PERCEIVED DUPLICATION, ADDING DEFINITION TO THE RULE. IT HAS REAL PROCESS IMPROVEMENTS, IT BRINGS BETTER RULE DEFINITION AND CLARITY, IT HAS EXEMPTIONS FOR MINOR ACTIVITIES, AND WHAT HAD THIS LEADS TO IS OUR ABILITY TO PRIORITIZE THE MORE IMPORTANT ENVIRONMENTAL ISSUES SO THAT OUR STAFF CAN SPEND MORE TIME ON THOSE, AND I'M TELLING YOU THIS MORNING THAT THIS CAN AND WILL BE IMPLEMENTED IN ONE YEAR. AT THIS POINT I'D LIKE TO THANK OUR CHAIRMAN, COMMISSIONER BLAIR, FOR A NUMBER OF THINGS. COMMISSIONER BLAIR, YOU HAVE VOICED YOUR CONCERNS AND ISSUES OVER THE PAST SEVERAL MONTHS, AND THAT'S CAUSED US TO THINK ABOUT THINGS AND COME BACK WITH SOME PROPOSALS, SO WE THANK YOU FOR THAT. YOU HAVE HELPED PUT US IN TOUCH WITH STAKEHOLDERS, AND WE THANK YOU FOR THAT. YOU HAVE SPENT MANY HOURS WITH US WORKING THROUGH THESE OPTIONS. YOU PROBABLY KNOW MORE ABOUT WETLANDS THAN YOU EVER WANTED TO KNOW, BUT WE THANK YOU FOR THAT, AND WE THANK YOU FOR LISTENING TO OUR RECOMMENDATIONS ON ALL OF THESE ISSUES. THIS HAS BEEN A DIFFICULT AND PAINFUL PROCESS TO THE POINT OF WHERE WE ARE TODAY, BUT I CAN TELL YOU THAT IT'S LED TO SOME REAL PROCESS CHANGES. IT'S LED TO A BETTER-FUNCTIONING RULE, IT'S MAINTAINED THE INTEGRITY OF THE RULE, IT'S SAVING THE TAXPAYERS' DOLLARS, AND COMMISSIONERS, I KNOW THIS DOESN'T SATISFY EVERYONE. THERE'S FOLKS OUT THERE MAYBE ON BOTH SIDES THAT DON'T -- ARE NOT EXACTLY ENAMORED OF THE HYBRID MODEL OR THE HYBRID PROPOSAL, BUT I'M HERE TODAY TO TELL YOU THAT WHAT WE'RE BRINGING TO YOU IS A LEGALLY STRONGER RULE, PROVIDING STRONG RESOURCE PROTECTION. MY JOB AS YOUR DIRECTOR IS TO GIVE YOU MY PROFESSIONAL RECOMMENDATION, AND THIS IS WHAT IT IS. SO MOVING TO THE NEXT SLIDE, ELAINE, THIS IS THE SAME SLIDE AS I PRESENTED LAST TIME, TELLING YOU THAT THE PROPOSAL MAINTAINS THE INTENT AND INTEGRITY OF THE RULE, PROVIDES A SIGNIFICANT COST SAVINGS, CONSOLIDATES MULTIPLE AGENCY APPROVALS, REDUCES APPLICANTS' TIME IN SEEKING PROJECT APPROVALS, ADDRESSES MINOR ACTIVITIES, ONE OF THE BIGGEST AND MOST IMPORTANT THINGS IS THE NEXT BULLET. I'LL GO INTO THAT IN A COUPLE OF OUR SLIDES, PROVIDING A NEW BASIS OF REVIEW AND APPLICANT HANDBOOK, CUSTOMER SERVICE IMPROVEMENTS, AND PERHAPS MOST IMPORTANTLY, MAINTAINS LOCAL GOVERNMENT OVERSIGHT OVER YOUR WETLANDS IN HILLSBOROUGH COUNTY. SO WHAT ARE THE IMMEDIATE CHANGES THAT WE'RE BRINGING TO YOU TODAY UNDER THAT BULLET, "IMMEDIATE CHANGES"? THESE ARE THE CHANGES THAT ANDY ZODROW WILL GO OVER IN JUST A MINUTE WITH YOU. IT INVOLVES EXEMPTIONS, NOTICED EXEMPTIONS, AND MISCELLANEOUS PERMITS FOR A NUMBER OF ACTIVITIES LIKE DITCHES, CATTLE WATERING PONDS, BOARDWALKS, DOCKS, THINGS LIKE THAT, AND I CAN TELL YOU THAT BOB GORDON, YOUR PUBLIC WORKS DIRECTOR, AND I HAVE TALKED ABOUT PUTTING TOGETHER A MEMORANDUM OF UNDERSTANDING THAT INCORPORATES THE CONCEPTS AND THESE EXEMPTIONS AND MISCELLANEOUS PERMITS SO HE HAS A TEMPLATE TO GO BY IN THE IMPORTANT WORK OF RELIEVING FLOODING PROBLEMS IN HILLSBOROUGH COUNTY. UNDER THE FUTURE RULE CHANGES, YOU SEE THERE A NUMBER OF THINGS, INCLUDING ADDING DEFINITION TO THE "CONCEPT OF REASONABLE USE." THERE IS NO DEFINITION FOR IT NOW IN THE EXISTING RULE. PROVIDING A BASIS OF REVIEW DOCUMENT. THIS IS A DOCUMENT THAT WILL BE USED BY APPLICANTS TO UNDERSTAND BETTER WHAT EXACTLY THEY HAVE TO PROVIDE TO US IN ORDER TO GET PERMIT APPROVAL, ALONG WITH AN APPLICANTS' HANDBOOK. THIS WOULD BE VERY HELPFUL FOR SMALL FARMERS AND MOP AND POPS TO WORK THROUGH THE SYSTEM. IT CREATES A CLASSIFICATION SYSTEM FOR WETLANDS BASED ON FUNCTION. I KNOW THERE'S SOME CONCERN ON THE PART OF THE ENVIRONMENTAL COMMUNITY ABOUT THIS. I'M NOT TALKING ABOUT A SYSTEM GOING OVERBOARD HERE, I'M TALKING ABOUT AN INSTANCE WHERE YOU HAVE DEGRADED WETLANDS, AND NOT ONLY THE APPLICANT KNOWS THAT, BUT WE KNOW IT TOO, AND THE APPLICANT IS PROPOSING SOMEHOW A NET ENVIRONMENTAL BENEFIT FOR THE SITE THROUGH AN ENHANCED MITIGATION PROJECT. THAT JUST MAKES SENSE TO GO IN THAT DIRECTION. WE'RE CREATING SPECIFIC CRITERIA FOR AGRICULTURE, AND WE'RE CREATING TIME FRAMES IN THE RULE. THE NEXT SLIDE GOES OVER CUSTOMER SERVICE IMPROVEMENTS, WHERE WE ARE CREATING A TECHNICAL ADVISORY COMMITTEE, AND THIS WOULD CONSIST OF FOLKS BOTH FROM THE FIELDS OF BIOLOGY, CONSULTING ENGINEERING, AGRICULTURE, AND THE ENVIRONMENTAL COMMUNITY, BUT IT'S A TECHNICAL -- IT'S A SCIENTIFIC COMMITTEE. I WOULD EXPECT YOU, COMMISSIONERS, WOULD WANT STAKEHOLDERS INVOLVED ALSO. YOU COULD DO THAT EITHER THROUGH THE CEAC BECAUSE CEAC LISTENS TO ALL OF OUR RULE PROPOSALS NOW, OR IF YOU WANTED TO PROPOSE A SEPARATE STAKEHOLDERS' GROUP JUST FOR THE WETLANDS ISSUES, YOU CERTAINLY COULD DO THAT. WE'RE PROVIDING AN ON-LINE APPLICATION FORM, AND WE'RE ADDING -- WE HAVE ALREADY ADDED A WETLANDS OMBUDSMAN. AT THIS POINT I'D LIKE TO ASK CHRISTINA BRYANT TO STEP FORWARD TO THE PODIUM. CHRISTINA BRYANT IS ONE OF OUR EXCELLENT STAFF MEMBERS IN THE WETLANDS DIVISION. WELCOME, CHRISTINA. >> GOOD MORNING. >>RICK GARRITY: CHRISTINA COMES TO US WITH AN INTERESTING BACKGROUND. SHE WAS A MATHEMATICS TEACHER IN THE HILLSBOROUGH COUNTY SCHOOL SYSTEM. PRIOR TO THAT, SHE WAS AN ENVIRONMENTALIST WITH THE HILLSBOROUGH COUNTY DEPARTMENT OF PUBLIC WORKS. CHRISTINA HAS BOTH A BACHELOR'S AND MASTER'S DEGREE FROM THE UNIVERSITY OF FLORIDA IN ENGINEERING, AND CHRISTINA, I'M SURE YOU LOOK FORWARD TO WORKING IN THIS ROLE AS OMBUDSMAN, AND COULD YOU JUST SAY A WORD TO THAT. >> OKAY. GOOD MORNING, FIRST OF ALL, TO EACH OF YOU. IT'S MY PLEASURE TO BE HERE THIS MORNING. ALSO, GOOD MORNING TO THE AUDIENCE. IT WILL BE AN OPPORTUNITY FOR ME TO WORK AS A LIAISON BETWEEN THE WETLANDS DIVISION AND BETWEEN THOSE WHO COME IN AND NEED HELP OR ASSISTANCE GOING THROUGH THE PROCESS, AND IT'S A JOB THAT I TAKE VERY SERIOUSLY. IT WILL BE AN ADDITION TO THE DUTIES THAT I ALREADY PERFORM ON A DAILY BASIS, BUT IT'S SOMETHING THAT I AM CAPABLE OF DOING AND SOMETHING THAT I LOOK FORWARD TO WORKING. >>RICK GARRITY: THANK YOU, CHRISTINA. WE'RE ALSO, UNDER CUSTOMER SERVICE IMPROVEMENTS, ENCOURAGING ADDITIONAL MITIGATION BANKS THROUGHOUT THE COUNTY SO THAT IF YOU HAVE SITES WHERE IT'S DIFFICULT TO PROVIDE MITIGATION ON A SMALL SITE, THERE'LL BE AN OPPORTUNITY TO DO SO AT A MITIGATION BANK. UNDER PROCESS IMPROVEMENTS, THIS IS ONE OF OUR BIG SUCCESSES, I FEEL, COMMISSIONERS, THAT WE ARE ROLLING INTO ONE PROCESS APPROVALS FROM THE FEDERAL GOVERNMENT IN THE FORM OF THE ARMY CORPS STATE PROGRAMMATIC GENERAL PERMIT; THE STATE FDEP ENVIRONMENTAL RESOURCE PERMIT; THE TAMPA PORT AUTHORITY PERMIT; AND EPC APPROVAL. THIS IS PERHAPS A FIRST IN THE STATE OF FLORIDA, AND RICK CANTRELL, WHO IS THE DEPUTY DIVISION DIRECTOR FOR WATER PROGRAMS FOR DEP IN TALLAHASSEE IS IN THE AUDIENCE TODAY. RICK, IF YOU COULD JUST WAVE YOUR HAND. THANK YOU FOR BEING HERE. AND COMMISSIONERS, LATER ON, IF YOU HAVE QUESTIONS THAT RICK CAN ANSWER, HE'LL BE HAPPY TO TRY TO DO SO. NEXT WE HAVE -- PROPOSING -- WE ARE PROPOSING AN AUDIT OF THE DEVELOPMENT REVIEW PROCESS. THIS IS HOW WE INTERACT WITH PLANNING AND GROWTH MANAGEMENT, AND THIS IS ONE OF THE MOST IMPORTANT THINGS WE DO, COMMISSIONERS, IS GET INVOLVED EARLY IN DEVELOPMENT PROJECTS TO TRY TO STEER THEM AWAY FROM PROBLEMS IMPACTING WETLANDS, AND YOU CAN HAVE A SITE WHERE YOU MAY HAVE A 20- ACRE SITE WHERE HALF OF IT IS WETLANDS AND SOMEBODY PROPOSES A BIG-BOX-TYPE CONCEPT FOR THAT PARCEL. WE'LL GET INVOLVED EARLY AND SAY, WELL, TO DO THAT TYPE OF A PROJECT, YOU MIGHT HAVE TO IMPACT ALL OF THE WETLANDS, SO WHAT ELSE COULD BE A USABLE PROJECT FOR THAT SITE? THAT IS UNIQUE IN THE COUNTY GOVERNMENT AND THE EPC BEING ABLE TO TAKE THAT ROLE IN -- EARLY ON IN PROJECTS. WE'RE PROPOSING THAT -- FOR THIS AUDIT THAT IT BE CONDUCTED IN A FOUR-MONTH PERIOD WITH THE HELP OF THE COUNTY INTERNAL AUDITOR. WE'VE CONTACTED HIM, AND I BELIEVE HE'S READY TO ROLL ON THAT AS SOON AS YOU GIVE THE WORD. WE'LL HAVE INCREASED COORDINATION WITH SWFWMD, BOTH IN PERMITTING AND WETLANDS DELINEATION, AND INCREASED COORDINATION WITH COMPLIANCE ENFORCEMENT. YOU KNOW YOU GET 24/7 SERVICE FROM US FOR COMPLAINTS ABOUT ANYTHING, INCLUDING WETLANDS ISSUES. FOR AGRICULTURE, WE HAVE NEW CRITERIA, AND FOR THIS I'D LIKE TO THANK COMMISSIONER AL HIGGINBOTHAM. HE'S PLAYED A BIG ROLE IN HELPING US MEET WITH AGRICULTURE, AND WE HAVE A NEW CONCEPT HERE. WE REALLY THINK THAT THE AGSWM PROCESS THAT SWFWMD HAS GOING IS REALLY AN EXCELLENT PROCESS. AGSWM STANDS FOR AGRICULTURE SURFACE WATER MANAGEMENT PROGRAM. THEY UNDERSTAND FARMERS NEED TO BE TREATED DIFFERENTLY. WHEN A FARMER WANTS TO PLANT A CROP, A ROW CROP, THEY'RE NOT EASILY ABLE TO BEND THOSE CROPS AROUND WETLANDS, ESPECIALLY IF THERE'S BUFFERS ASSOCIATED WITH THE WETLANDS ALSO, SO THEY'VE COME UP WITH THIS AGSWM PROCESS, AND ALSO THE -- THERE'S A FEDERAL AGENCY INVOLVED TO HELP THE FARMERS PLAN OUT THEIR USE OF THEIR LAND AND EVEN HELP THEM PAY TO ENGINEER THAT LAND USE. WE WANT TO BECOME PART OF THAT PROCESS, SWFWMD IS WANTING US TO BECOME PART OF THE PROCESS, AND ONCE -- WHAT WE'RE SAYING IS THAT ONCE A PROJECT GETS AN EXEMPTION LETTER FROM AGSWM OR THROUGH THAT PROCESS GETS AN ENVIRONMENTAL RESOURCE PERMIT THAT THAT WILL SATISFY OUR REASONABLE USE CRITERIA FOR PERMITTING. SO THAT'S A VERY IMPORTANT STEP. WE'RE ALSO SAYING THAT -- FOR FARMERS THAT IF YOU IMPACT LESS THAN A QUARTER ACRE OF AN ISOLATED WETLAND THAT NO MITIGATION WOULD BE REQUIRED UNLESS CUMULATIVELY THE IMPACT AMOUNTS GREATER THAN A HALF AN ACRE, AND WE FEEL COMFORTABLE IN AGREEING TO THAT. NEXT WE HAVE A SLIDE ON WHY SHOULD EPC BE GIVEN THE CHANCE TO GO FORWARD WITH THESE STEPS? WELL, FIRST OF ALL, COMMISSIONERS, OUR PROPOSAL PRESERVES THE INTENT AND INTEGRITY OF THE RULE. THE SECOND BULLET SIMPLY SAYS THAT A ONE-YEAR TIME PERIOD SHOULD BE GIVEN TO THE EPC STAFF TO IMPLEMENT THESE CHANGES. THE THIRD BULLET INDICATES THAT THE COUNTY ADMINISTRATOR'S ALSO INVOLVED IN A DUPLICATION STUDY. I'VE TALKED TO PAT AND ASKED IF WE COULD BE PART OF THAT, AND SHE AS AGREED, AND SO YOU HAVE THAT GOING ON ALSO. YOU ALSO HAVE THE INTERNAL PERFORMANCE AUDITOR PROCESS THAT WOULD TAKE A NUMBER OF MONTHS TO COME BACK WITH THOSE SUGGESTIONS. WE'RE PROPOSING QUARTERLY REPORTS BE MADE TO THE BOARD -- BACK TO YOU CHECKING ON THE TASKS THAT WE HAVE ASSIGNED TO US IN THIS HYBRID MODEL AND THAT ONE YEAR FROM NOW WE'LL COME BACK AND SUMMARIZE OUR PROGRESS AND ACHIEVEMENTS. DURING THAT YEAR WE'VE CONSIDERED THAT YOU CERTAINLY WOULDN'T WANT US TO COME BACK IN 12 MONTHS AND SAY, WELL, WE'VE JUST IMPLEMENTED THE LAST RULE. THAT'S NOT GOING TO WORK BECAUSE YOU'LL HAVE NO TIME TO SEE IF THIS IS ACTUALLY WORKING. SO WHAT WE'RE TRYING TO DO -- OUR GOAL IS TO GET ALL OF THE RULE CHANGES IMPLEMENTED WITHIN THE FIRST NINE MONTHS SO THAT AFFORDS YOU AT LEAST A FEW MONTHS OF RUN TIME TO WATCH AND SEE HOW THE PROGRAM GOES, AND YOU SEE IN THE LAST THREE BULLETS ON THIS SLIDE, THESE ARE SOME EXAMPLES OF GOALS THAT WE PROPOSE ON RULE ADOPTION WITH THE AGRICULTURAL RULE WITHIN 60 DAYS; FDEP DELEGATION WITHIN 120 DAYS, AND MR. CANTRELL, I HOPE THAT'S A DOABLE THING WITH YOU ALSO; AND CLASSIFICATION OF WETLANDS AND THE BASIS OF REVIEW. THAT'S GOING TO BE ONE OF THE TOUGHEST ONES TO DO, BUT WE'RE SAYING NEXT MAY FOR THAT. SO THIS IS THE ENTIRE TIMELINE GOING BACK TO JULY 26th WHEN YOU GAVE DIRECTION, AND YOU SEE THE CHECKMARKS, THE RED CHECKMARKS OF THINGS THAT WE'VE ACHIEVED, INCLUDING BALANCING OUR BUDGET, THE REQUEST FROM THE INTERNAL PERFORMANCE AUDITOR, WE'VE HELD THE WORKSHOPS, AND WE'VE BROUGHT THE REVISED RULES BACK TO YOU TODAY. WE PROPOSE THAT BY THE END OF THIS MONTH THAT WE'D ESTABLISH THE TECHNICAL ADVISORY COMMITTEE, WE'D COME BACK IN SEPTEMBER AT THE EPC BOARD MEETING WITH MILESTONE GOALS FOR THE FURTHER HYBRID RULES ADOPTIONS, SO IN SEPTEMBER YOU'LL SEE THE LAYOUT OF WHAT WE THINK THE DATES WOULD BE FOR THE REST OF THE RULE ADOPTIONS. AND THEN IN DECEMBER, HOPEFULLY, THE INTERNAL AUDITOR WOULD BE FINISHED WITH THE REVIEW OF THE INTERACTION BETWEEN US AND PGM, AND I THINK THAT'S THE DATE ANYWAY THAT PAT BEAN HAD GIVEN YOU FOR COMPLETING HER STUDY ON DUPLICATION, SO THAT WOULD ALL WORK OUT PRETTY NICELY. AND THEN THE LAST ISSUE THERE IS QUARTERLY REPORTS WITH A YEAR-END SUMMARY REPORT. SO IF YOU GO WITH THIS PROPOSAL, COMMISSIONERS, YOU SEE A SAVINGS OF DOLLARS OF FIVE FTEs, STREAMLINED PERMITTING, CLEARER RULES, CONSOLIDATION OF MULTIPLE AGENCY APPROVALS, PRIORITIES SET ON WETLANDS PROTECTION, EXEMPTIONS FOR MINOR ACTIVITIES, REDUCES REAL OR PERCEIVED DUPLICATION, EMPHASIZES CUSTOMER SERVICE, MAINTAINS RESOURCE PROTECTION, AND A REPORT BACK TO YOU IN ONE YEAR. WITH THAT, I'D LIKE TO GIVE YOU STAFF RECOMMENDATION THAT YOU GIVE US DIRECTION TODAY TO PROCEED WITH THE HYBRID PLAN AND ADOPT TODAY'S PROPOSED RULE CHANGES WHICH BEGIN THE IMPLEMENTATION OF THE PLAN, AND ANDY ZODROW WILL GO OVER THOSE RULES WITH YOU IN A SECOND, AND THAT YOU ALSO GIVE US DIRECTION TO PROVIDE QUARTERLY UPDATES AND TO READDRESS THE PLAN IN ONE YEAR AND DETERMINE AT THAT TIME WHETHER IT HAS BEEN FULLY IMPLEMENTED AND HAS ACHIEVED MEANINGFUL RESULTS. SO WITH THAT, I THANK YOU FOR YOUR ATTENTION IN ALLOWING ME TO PRESENT THIS TO YOU, AND I REALLY THINK, COMMISSIONERS, THIS IS A GOOD WIN-WIN PROPOSAL. >>BRIAN BLAIR: THANK YOU, DR. GARRITY. MR. TSCHANTZ. >>RICHARD TSCHANTZ: YES. COMMISSIONER NORMAN, I THINK IF WE COULD JUST DO A SLIGHT CHANGE, I THINK IT MIGHT BE BEST FOR THE BOARD TO HEAR THE RULES THAT WOULD BE IMPLEMENTED, EITHER TO IMPLEMENT THE HYBRID OR FOR ELIMINATION FIRST BEFORE YOU GO INTO THAT DISCUSSION. IS THAT ACCEPTABLE? BECAUSE IT'S REALLY ONE OF THE MAIN PURPOSES OF THE PUBLIC HEARING, AND THEN YOU CAN HEAR THOSE RULES AND THEN DISCUSS IT BEFORE PUBLIC COMMENT. HIGGINBOTHAM YEAH, I HAD QUESTIONS TOO. I'LL WAIT FOR MR. ZODROW. >>RICHARD TSCHANTZ: YEAH, IF YOU HEAR THE RULES AND THEN BEGIN THE QUESTIONS, IT MIGHT BE BETTER. >>AL HIGGINBOTHAM: ALL RIGHT. >>RICHARD TSCHANTZ: I WAS GOING TO START OFF FOR MR. ZODROW AS HE GETS READY TO COME UP, BUT HE'S GOING TO PRESENT AN OVERVIEW OF THE TWO SETS OF THE RULE CHANGES. THE ONE, OF COURSE, IS THE FIRST PHASE OF HYBRID OPTION, AND SECOND IS THEN REPEAL OF THE RULES NECESSARY TO ELIMINATE THE DUTIES OF THE WETLAND DIVISION, SO BRIEFLY, UNDER THE HYBRID RULES, THERE ARE ONE -- THREE SECTIONS OF THE WETLAND RULE ARE ADDRESSED. THE FIRST ONE JUST CHANGES .09 OF THE RULE. I'M SPEAKING ABOUT CHAPTER 1-11. THE NEXT TWO ARE CREATED. CHAPTER .10 AND .11 CREATES A MINOR ACTIVITIES SECTION, THAT IS FOR ACTIVITIES THAT ARE MINOR IN THE WETLANDS, AND AN EXEMPTION SECTION. THESE ARE WHAT HAVE SUPPORT OF THE EPC STAFF. THE SECOND SET, THEN, SETS -- PRESENTS ELIMINATION RULES THAT WOULD STRIKE PART ONE OF THE WETLAND RULE, WHICH IS THE REGULATORY PART OF CHAPTER 1-11. IT DOES RETAIN PART TWO OF THE RULE, WHICH IS WETLAND RECOVERY AREAS, AND THOSE WOULD REMAIN, AND MR. ZODROW WILL EXPLAIN WHAT THAT SECTION IS BECAUSE IT'S ADMINISTERED BY THE ENVIRONMENTAL RESOURCES MANAGEMENT DIVISION. ELIMINATION WOULD ALSO REPEAL CHAPTER 1-14, WHICH IS THE MANGROVE RULE, WHICH IS A DUTY OF THE WETLAND DIVISION. SO HE'LL PRESENT THAT ELIMINATION SECTION AT THE END. MR. ZODROW. >>ANDREW ZODROW: GOOD MORNING, COMMISSIONERS. MY NAME IS ANDREW ZODROW. I'M AN ASSISTANT COUNSEL WITH THE EPC LEGAL DEPARTMENT. I'VE BEEN ASKED TO GIVE A BRIEF PRESENTATION, AS MR. TSCHANTZ JUST EXPLAINED, ON THE ACTUAL RULES THAT ARE UP FOR ADOPTION TODAY. HE GAVE A PRETTY GOOD BACKGROUND OF WHERE WE ARE, SO IF I RESAY SOME OF THAT STUFF, THAT WILL BE OKAY. OKAY. AS MR. TSCHANTZ EXPLAINED, WE HAVE TWO SETS OF RULES REALLY THAT ARE GOING TO BE DISCUSSED TODAY AND THAT ARE GOING TO BE VOTED ON. THE FIRST ONE IS MINOR IMPACTS TO WETLANDS THAT HAVE TRADITIONALLY BEEN APPROVED THROUGH WHAT'S CALLED A MISCELLANEOUS ACTIVITIES PERMIT IN WETLANDS. THAT'S A TYPE OF PERMIT FOR THOSE NOMINAL WETLAND IMPACTS, LIKE DOCKS AND BOARDWALKS. I'LL EXPLAIN THAT MORE LATER. AND THEN THERE'S ALSO TWO NEW SECTIONS UNDER THE WETLAND RULE THAT WILL REFER TO EXEMPTIONS. AT THE END OF THE PRESENTATION, I'LL EXPLAIN THE ELIMINATION RULE, AS MR. TSCHANTZ EXPLAINED, AND WHAT THAT MEANS. OKAY. AS DR. GARRITY EXPLAINED TOO EARLIER, THE -- THIS PUBLIC HEARING RULE ADOPTION WAS PUBLICLY NOTICED IN THE TAMPA TRIBUNE ON AUGUST 3rd. THAT WAS DONE IN ACCORDANCE WITH THE EPC ENABLING ACT AND THE REQUIRED LAWS. IN ADDITION, THE STAFF HAS CONDUCTED TWO WORKSHOPS, RULE DEVELOPMENT WORKSHOPS, WITH THE PUBLIC AND COMMUNITY. THE FIRST WORKSHOP WAS ON AUGUST 3rd. THAT WAS CONDUCTED DURING THE DAY. THERE WAS ANOTHER SECOND WORKSHOP THAT WAS CONDUCTED IN THE EVENING OF AUGUST 8th. WE WANTED TO MAKE SURE THAT THERE WAS A BROAD SPECTRUM OF PEOPLE THAT WERE ABLE TO ATTEND THOSE WORKSHOPS. WE DID RECEIVE A LOT OF GOOD COMMENTS AND SUGGESTIONS, AND I WILL OPPONENT OUT THAT AT THE WORKSHOPS, ALTHOUGH THE ELIMINATION RULE WAS PRESENTED, THERE WAS NO PUBLIC COMMENTS MADE IN SUPPORT OF ELIMINATION OF THE EPC WETLAND RULE AT THE WORKSHOPS. SO THIS BRINGS US INTO THE ACTUAL RULE LANGUAGE. IN CONSULTATION WITH THE PUBLIC, THE REGULATED COMMUNITY, AND OTHERS, WE DRAFTED THE FOLLOWING RULE CHANGES THAT ARE IN ACCORDANCE WITH DR. GARRITY'S HYBRID PLAN. A COPY OF THESE RULES HAVE BEEN PROVIDED TO YOU IN SUPPLEMENTAL PACKETS, SO WHAT I'M GOING TO DO -- THEY'RE ALSO -- I BELIEVE THEY WERE HANDED OUT TO THE PUBLIC, AND THEY'VE BEEN MADE AVAILABLE TO THE PUBLIC FOR SOME TIME, SO WHAT I'M GOING TO DO IS I'M GOING TO ACTUALLY JUST GO THROUGH PARTS OF THE RULE AS THE RULE IS WRITTEN OUT, SO MAYBE YOU CAN FOLLOW ALONG. AS DR. GARRITY HAD PRESENTED, THE FIRST PROPOSED RULE AMENDMENT STARTS AT PAGE 2 IN YOUR SUPPLEMENTAL PACKET, AND THAT INCLUDES ADDRESSING THESE MINOR WETLAND IMPACTS. THE STAFF PROPOSES TO AMEND THIS EXISTING RULE, THIS RULE EXISTS TODAY, SECTION 1-11.09(1)(C). IT'S IDENTIFIED AS ADEQUATE PROTECTION. THAT'S WHERE THE EPC WETLAND DIVISION HISTORICALLY HAS REGULATED THESE MINOR IMPACTS. WE'RE GOING TO MAKE CHANGES TO THAT RULE BECAUSE WE'RE GOING TO SPECIFICALLY IDENTIFY MISCELLANEOUS ACTIVITIES IN WETLANDS AND MAKE CLEAR WHAT THAT -- WHAT THAT RULE MEANS. THERE'S BEEN SOME DISCUSSION ABOUT -- IT'S NOT CLEAR WHAT QUALIFIES, WHAT DOES NOT QUALIFY. IF THIS RULE GETS ADOPTED, IT'LL BE VERY CLEAR WHAT DOES QUALIFY AND WHAT DOES NOT QUALIFY IN THE FUTURE. AS PART OF THIS, THE AMENDMENT TO 1-11.09, ADEQUATE PROTECTION, WE WANTED TO CREATE A NEW SECTION OF THE EPC WETLAND RULE IDENTIFIED SPECIFICALLY AS MISCELLANEOUS ACTIVITIES IN WETLANDS. THAT IS IDENTIFIED AS SECTION 1-11.10. THE FIRST PARTS OF THAT PROPOSED RULE EXPLAIN AND IDENTIFY WHAT ACTIVITIES NOW WILL QUALIFY CLEARLY FOR MISCELLANEOUS ACTIVITIES. THE SECOND PART WILL EXPLAIN WHAT THAT REALLY MEANS, AND I'LL DO THAT NEXT, BUT THE FIRST THING IS WHAT ACTIVITIES ARE GOING TO QUALIFY FOR THESE MINOR WETLAND IMPACTS. THE FIRST THING WAS WETLAND IMPACTS THAT OCCUR IN DITCHES THAT STILL MEET THE DEFINITION OF A STATE -- AS A WETLAND UNDER THE STATE LAW. IT'S IMPORTANT TO NOTE THAT THE STATE LAW IDENTIFIES WHAT A WETLAND IS, AND IT'S BINDING ON THE EPC. THAT'S WHY WE ARE HISTORICALLY REGULATING SOME OF THESE AREAS LIKE DITCHES. IT WASN'T THE COMMISSION, EPC COMMISSION, THAT IDENTIFIED WHAT IS AND WHAT IS NOT A WETLAND, THAT'S IDENTIFIED BY THE STATE. THAT WAS DONE BACK IN 1994. HOWEVER, WE DO HAVE THE OPPORTUNITY TO EXEMPT OUT OR PERMIT UNDER MINOR IMPACTS CERTAIN OF THESE IMPACTS TO THESE MARGINAL AREAS OR HOWEVER YOU WANT TO REFER TO IT, BUT THE FIRST MISCELLANEOUS ACTIVITIES WOULD BE IMPACTS -- WETLAND IMPACTS LESS THAN 500 SQUARE FEET FOR CROSSING DITCHES, LIKE CULVERTS, AND THESE INCLUDE DITCHES THAT WERE HISTORICALLY WETLANDS, SO YOU COULD HAVE AN AREA THAT WAS CERTAINLY A CLEAR WETLAND IN THE PAST, HAS A DITCH RUNNING THROUGH IT. THAT WOULD NOW BE ELIGIBLE FOR MISCELLANEOUS ACTIVITIES. THE SECOND ONE IS CERTAIN VEGETATION REMOVAL, NUISANCE, EXOTIC. THERE'S OTHER -- UNDER 1-11.10(1)(C) THERE'S A CATCHALL PROVISION FOR SEVERAL DIFFERENT TYPES OF MISCELLANEOUS ACTIVITIES, LIKE PILINGS, BOARDWALKS, SWIM ACCESS AREAS WE ALLOW THROUGH MISCELLANEOUS ACTIVITIES, CLEARING VEGETATION TO HAVE ACCESS TO LAKEFRONT AND THE RIVERS, AND THOSE ARE ALL PROVIDED IN THE RULE FAIRLY CLEARLY. NOW, WHAT DOES THAT MEAN? WHAT A MISCELLANEOUS ACTIVITY MEANS IS THAT YOU DON'T HAVE TO DO THE TRADITIONAL DO I AVOID MY -- OR CAN I AVOID MY WETLAND IMPACT, DID I MINIMIZE THEM, IS IT NECESSARY FOR REASONABLE USE? THOSE WETLAND IMPACTS WILL BE AUTOMATICALLY APPROVED. THE OTHER THING IS THERE WON'T BE THE STANDARD MITIGATION REQUIRED FOR THOSE WETLAND IMPACTS, AND THAT'S IMPORTANT TOO BECAUSE THAT CAN BE VERY COSTLY TO GO THROUGH A MITIGATION PROJECT. SOMEBODY MIGHT WONDER WHY YOU STILL REQUIRE PERMITS FOR THESE, BUT THE IMPORTANT THING IS THERE ARE SOME CONCERNS YOU HAVE TO LOOK AT. THERE'S SOME CONDITIONS AND LIMITATIONS IMPOSED ON THESE, AND IF YOU DON'T QUALIFY UNDER THE LIMITATIONS, YOU MIGHT NOT GET YOUR PERMIT. YOU MIGHT BE TRUMPED INTO A FULL REVIEW. AND TO GIVE YOU A EXAMPLE, IF THERE'S A FLOODING ISSUE BECAUSE YOU'RE GOING TO PUT A CULVERT IN THAT'S TOO SMALL, WE MAY WANT TO LOOK AT THAT. WE WANT TO MAKE SURE THAT PROPERTIES AREN'T FLOODED IN HILLSBOROUGH COUNTY. SO THERE IS A REVIEW, BUT YOU DON'T HAVE TO DO THE FULL- BLOWN REASONABLE USE AND MITIGATION REQUIREMENT. THE TERMS -- OR THE CONDITIONS AND LIMITATIONS, I DON'T REALLY HAVE A SLIDE FOR THAT. THERE'S ONLY A COUPLE FOR THE MISCELLANEOUS ACTIVITIES. THE FIRST IS IF THE AREA IS SIGNIFICANT HABITAT FOR THREATENED AND ENDANGERED SPECIES, THEN THAT WON'T QUALIFY FOR MISCELLANEOUS ACTIVITIES. YOU CANNOT CAUSE OFF-SITE ADVERSE IMPACTS, INCLUDING FLOODING. YOU MUST IMPLEMENT BEST MANAGEMENT PRACTICES, WHICH ARE LIKE TURBIDITY, BARRIERS, THINGS LIKE THAT FOR CULVERTS. AND THEN YOU MAY NEED TO GET GOVERNMENT APPROVALS. SO THAT BRINGS US NOW TO THE EXEMPTIONS. THIS IS THE -- A NEW THING FOR THE WETLAND RULE. IT NEVER HAD CLEAR EXEMPTIONS PRESENTED IN THE RULE. FROM THIS POINT ON, IF THIS RULE GETS ADOPTED, THERE'S GOING TO BE VERY CLEAR THINGS THAT ARE COMPLETELY EXEMPT, EVEN THOUGH THEY'RE A WETLAND IMPACT AND MAY OTHERWISE BY LAW BE REGULATED. AND SOME OF THESE ARE PRETTY OBVIOUS AND ACTUALLY WERE ADDRESSED IN THE PAST THROUGH LIKE A MEMORANDUM OF AGREEMENT WITH THE COUNTY, BUT THE FIRST ONE IS IF THERE'S A ROADWAY DITCH MAINTENANCE. IF THOSE WETLAND IMPACTS -- IF THE ROADWAY DITCHES ARE DEFINED, AGAIN, UNDER THE STATE LAW AS A WETLAND, A JURISDICTIONAL WETLAND, THAT WOULD TRUMP A REVIEW FOR COMING IN TO GET AN AUTHORIZATION; HOWEVER, IF YOU QUALIFY UNDER THIS ROADWAY DITCH MAINTENANCE RULE EXEMPTION, YOU DON'T EVEN HAVE TO GIVE US NOTICE. THIS IS SOMETHING THAT PEOPLE CAN JUST GO OUT AND DO. IT'S IMPORTANT TO NOTE TOO WE HAVE TWO DIFFERENT KINDS OF EXEMPTIONS, WE HAVE STANDARD EXEMPTIONS AND NOTICED EXEMPTIONS. THE ONES IN FRONT OF YOU RIGHT NOW ARE THE STANDARD EXEMPTIONS. THESE YOU CAN JUST GO OUT AND DO AT ANY POINT, NO NOTICE NEEDS TO BE PROVIDED BY THE AGENCY. ANOTHER IMPACT IS WETLAND IMPACTS THAT OCCUR IN PERMITTED STORMWATER PONDS. AGAIN, SOME OF THESE WERE TRADITIONALLY EXEMPTED OUT, BUT NOW IT'S GOING TO BE VERY CLEAR IN THE RULE THAT THAT IS -- FROM THIS POINT ON WILL BE EXEMPT FROM EPC REVIEW. YOU DON'T NEED TO COME TO EPC FOR THAT. FINALLY, THIS -- I WAS GOING TO MENTION THIS DURING THE MISCELLANEOUS ACTIVITIES. IF THERE'S A WETLAND IMPACT THAT'S LESS THAN 500 SQUARE FEET FOR A DITCH CROSSING IN A WETLAND -- THAT MEETS A WETLAND AND IT'S APPROVED THROUGH THE COUNTY OR MUNICIPALITY -- WHICH GENERALLY THEY ARE APPROVED THROUGH A LAND ALTERATION PERMIT OR AN EQUIVALENT -- THEN THOSE WILL BE EXEMPT. WHAT WE TRY TO CATCH IN THE MISCELLANEOUS ACTIVITIES IF YOU DON'T GET THAT PERMIT, IF SOMEBODY FOR SOME REASON DOESN'T GET THAT PERMIT OR IF IT'S IN A MUNICIPALITY THAT DOESN'T REQUIRE THAT PERMIT, WE WANT THEM TO COME IN TO CONFIRM THAT THERE ISN'T GOING TO BE, YOU KNOW, OTHER ADVERSE EFFECTS. SO THOSE ARE THE STANDARD EXEMPTIONS. NOW, THE NEXT PART IS THE NOTICED EXEMPTIONS. WHAT THE NOTICED EXEMPTIONS MEANS IS YOU HAVE TO GIVE THE EPC 30 DAYS' PRIOR WRITTEN NOTICE TO DETERMINE WHETHER OR NOT YOUR ACTIVITY'S GOING TO QUALIFY. NOW, IMPORTANTLY, IF THE STAFF DOES NOT RESPOND BACK, THEN YOUR ACTIVITY IS DEEMED APPROVED. IT'S A DEFAULT. AND THAT'S REALLY A GOOD THING BECAUSE IT ALLOWS THE STAFF TO JUMP IN AND SAY, OH, NO, YOU MAY HAVE A PROBLEM HERE, YOU MIGHT FLOOD YOUR NEIGHBORS, SOMETHING ELSE, BUT AT THE SAME TIME, IT DOESN'T CREATE A LARGE BURDEN ON THE AGENCY. YOU DON'T HAVE PERMITTING, YOU DON'T HAVE MISCELLANEOUS ACTIVITIES. IT'S JUST A NOTICE THING THAT IS FAIRLY ROUTINELY IMPLEMENTED. NOW, GOING TO THE ACTUAL NOTICED EXEMPTIONS THAT ARE PROPOSED IN THIS NEW RULE, IF YOU HAVE A WETLAND IMPACT IN A DITCH THAT WAS EXCAVATED WITHIN PREDOMINANTLY UPLAND SOILS, THAT NOW WOULD BE EXEMPT FROM EPC REVIEW. SO THAT'S GOING TO BE IMPORTANT, THE FACT THAT IT'S AN EXEMPTION NOW. AGAIN, NO MITIGATION, NO JUSTIFICATION, YOU JUST HAVE TO GIVE NOTICE TO THE EPC THAT YOUR ACTIVITY -- THAT YOU'RE GOING TO DO THAT ACTIVITY. ANOTHER ONE THAT HAS BEEN VERY CONTROVERSIAL IN THE PAST IS THOSE ARTIFICIALLY CREATED WETLANDS OR OTHER SURFACE WATERS THAT BECOME AN UPLAND. THERE'S ALWAYS A QUESTION ABOUT THE CATTLE POND, THOSE KIND OF THINGS, AND THIS ADDRESSES THAT. IF YOUR CATTLE POND WAS CUT OUT OF AN UPLAND, IT IS NOW EXEMPT FROM EPC REVIEW, AND THAT'S A SIGNIFICANT THING. THAT WAS BASED ON A HOST OF REASONS, BUT -- WELL, THE ONE THING IS, IT HAS TO BE LESS THAN ONE ACRE, AND THERE'S A REASON IT HAS TO BE LESS THAN ONE ACRE, BECAUSE AS YOU GET LARGER THAN ONE ACRE, THAT COULD POTENTIALLY JEOPARDIZE OUR DELEGATION WITH THE STATE DEP BECAUSE WE MAY BECOME LESS STRICT. THAT'S AN ISSUE WE MAY BE ABLE TO LOOK AT LATER, BUT WE WANTED TO LIMIT IT RIGHT NOW FOR A ONE-ACRE SIZE, AND THAT WOULD TRADITIONALLY CATCH ALL OF THE CATTLE PONDS BECAUSE IF IT'S MORE THAN A ONE-ACRE, GENERALLY THAT WILL BECOME A BORROW PIT OR SOMETHING ELSE. FINALLY, ANOTHER NOTICED EXEMPTION IS FISH PONDS, AND THAT'S SIGNIFICANT TOO BECAUSE IF IT WAS A COMMERCIAL FISH POND AT ONE POINT, IT IS EXEMPT. HISTORICALLY, IF THE FISH PONDS ARE CREATED IN HISTORIC WETLANDS, THEY WEREN'T EXEMPT. YOU MIGHT BE ABLE TO RECONFIGURE THEM OR DO CERTAIN ACTIVITIES, BUT THERE WAS STILL -- IT WASN'T CLEAR EXACTLY WHAT YOU COULD DO. NOW WE'RE SAYING THAT FISH PONDS UNDER ANY CIRCUMSTANCE, AS LONG AS YOU MEET THE TERMS AND CONDITIONS ON THE NEXT SLIDE, THEY WILL BE EXEMPT FROM EPC WETLAND REVIEW. THESE ARE THE CONDITIONS AND LIMITATIONS THAT ARE IMPOSED ON THE EXEMPTIONS. I'M NOT SURE IF I REALLY NEED TO GO THROUGH ALL OF THEM. WHAT I CAN DO IS IF ANYBODY HAS QUESTIONS ABOUT THAT -- I DON'T THINK THERE WAS REALLY MUCH CONTROVERSY ON HOW THIS LANGUAGE CAME UP. I MEAN, THERE WAS SOME ISSUES, BUT I THINK WE'VE ADDRESSED MOST OF THAT CONTROVERSY, EITHER STANDARD CONDITIONS THAT - - TO AVOID PROBLEMS IN THE FUTURE. FINALLY, I HAVE THE ALTERNATIVE PROPOSAL. THAT WOULD INCLUDE REPEAL OF PART I -- I BELIEVE THAT'S ON PAGE 5 -- THAT STARTS ON PAGE 5 OF YOUR SUPPLEMENTAL PACKAGE. THAT WAS A RULE THAT WE PUBLISHED AND WORKSHOPPED. THAT WILL INVOLVE A REPEAL OF PART I OF THE EPC WETLAND RULE T WOULD BE READOPTED AND RENAMED AS WETLAND RECOVERY AREAS UNDER SECTIONS 1-11.20 THROUGH 1-11.24. WHAT'S IMPORTANT TO NOTE ABOUT THAT IS THAT IS NOT REALLY ITSELF A REGULATORY THING, IT REALLY APPLIES TO PUBLICLY OWNED PROPERTIES AND ALLOWS THE COMMISSION TO COME BACK AND ESTABLISH A MANAGEMENT PLAN. THE OTHER THING IS IT'S CURRENTLY IMPLEMENTED BY A SEPARATE DIVISION, IT'S NOT EVEN IMPLEMENTED BY THE WETLANDS DIVISION. IT'S IMPLEMENTED BY THE ERM DIVISION IN THE EPC, SO THAT SHOULDN'T -- THERE SHOULDN'T BE ANY CONTROVERSY WITH THAT AS FAR AS THAT REMAINING. FINALLY, CONSISTENT WITH THE BOARD'S VOTE WHERE IT DISCUSSED ELIMINATION OF THE DUTIES OF THE WETLANDS DIVISION, WE PROPOSED A -- A RULE FOR THE REPEAL OF THE CURRENT EXISTING MANGROVE TRIMMING AND PRESERVATION RULE. IT'S IDENTIFIED AS RULE CHAPTER 1-14. PURSUANT TO THAT -- WE OBTAINED THAT RULE AND ABILITY TO REGULATE MANGROVES PURSUANT TO FLORIDA STATUTES THROUGH A DELEGATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION. PURSUANT TO THAT DELEGATION AGREEMENT, WE HAVE TO GIVE THE STATE 90 DAYS' NOTICE BEFORE THAT TERMINATION COULD BECOME EFFECTIVE, SO UNDERSTANDING THAT IF FOR SOME REASON THE MANGROVE RULE WERE REPEALED, WE WOULD STILL HAVE TO KEEP IT EFFECTIVE FOR A PERIOD OF TIME. SO THAT CONCLUDES MY PRESENTATION ON THE RULE. PLEASE LET ME KNOW IF YOU HAVE ANY QUESTIONS OR ANY KIND OF CONCERNS. >>BRIAN BLAIR: BOARD MEMBERS, ANY QUESTIONS TO THE RULES, DIRECTLY TO THE RULES? OKAY. BEFORE WE GO INTO PUBLIC COMMENT, I KNOW COMMISSIONER PLATT HAS TO LEAVE. OUT OF RESPECT TO COMMISSIONER PLATT, I'M GOING TO ALLOW HER THREE-MINUTE COMMENT, AND THEN WE'LL GO INTO A COUPLE OTHER BOARD COMMENTS BEFORE PUBLIC COMMENT. >> I APOLOGIZE. MY UNCLE IS UNDERGOING A LUNG CANCER OPERATION, AND I REALLY NEED TO BE WITH MY FAMILY, BUT I REALLY APPRECIATE YOU LETTING ME SPEAK. PUBLIC OFFICE IS A PUBLIC TRUST, AND I SAT IN YOUR SEATS FOR 24 YEARS, AND I WAS THERE WHEN MOST OF THESE RULES WERE PASSED, AND EACH ONE WAS PASSED FOR A REASON. OUR COUNTY IS DIFFERENT FROM OTHER COUNTIES IN THIS STATE. WE'VE GOT THREE RIVERS. WE'RE ON FLORIDA'S LARGEST OPEN ESTUARY, SALTWATER. THERE ARE -- WHEN I WAS IN OFFICE, THERE WERE 50,000 PRIVATE WELLS THAT PRIVATE PEOPLE HAVE, 80,000 SEPTIC TANKS, NOT TO SPEAK OF THE PUBLIC WELLS THAT WE HAVE. EACH ONE OF THESE RULES WAS PASSED GIVING A GREAT DEAL OF THOUGHT AND DELIBERATION. WHAT IS UNFORTUNATE IN ALL THIS ISSUE, IT'S BECOME VERY PERSONALIZED, AND THERE'S A LOT OF ILL WILL ON BOTH SIDES. YOU CAN SEE IN THIS ROOM, THERE'S THE GREEN AND THERE'S THE RED. WE ALL OUGHT TO BE TOGETHER, AND SO WHAT I'M ASKING IS THAT THERE BE A COOLING-OFF PERIOD. WHAT IS -- WHATEVER YOU DO, WHATEVER CHANGES ARE GOING TO HAVE AN IMPACT, AND IT'S GOING TO BE A LONG-TERM IMPACT, APPOINT A BLUE RIBBON COMMITTEE THAT WILL LOOK AT THE HISTORY OF WHY WE'VE GOT EACH ONE OF THESE RULES. THEY WEREN'T PASSED LIGHTLY =, I CAN TELL YOU. WE HAD ROOMS FILLED WITH PEOPLE WHEN WE PASSED THEM. BUT CREATE A BALANCED BLUE RIBBON COMMITTEE THAT WILL TAKE A YEAR TO REVIEW THE HISTORY AND THE REASONS BEHIND EACH ONE OF THESE RULES, AND THEN ALSO LOOK AT ALL OF THE PROPOSED CHANGES, DR. GARRITY'S, THE ONE ABOUT ELIMINATING THE WHOLE WETLANDS DEPARTMENT, OR ANY OTHER CHANGES THAT COME UP, BUT LOOK AT THOSE AND SEE WHAT IMPACTS THEY WILL HAVE ON THE ENVIRONMENT AND SEE ALSO WHAT IMPACTS THEY WILL HAVE FINANCIALLY BECAUSE I THINK THAT'S HOW THIS ALL STARTED. SEE HOW IT WILL IMPACT EPC FINANCIALLY AS WELL AS WHO IT'S GOING TO BE DELEGATED TO. SWFWMD OPERATES ON PROPERTY TAXES. THE GOVERNOR IS GOING TO HAVE A SPECIAL SESSION ON CUTTING TAXES. DEP IS FUNDED BY TAXES. SO YOU'RE GOING TO REALLY PUT IT IN THE HANDS OF A GROUP THAT IS NOT RESPONSIBLE TO THE PUBLIC IN HILLSBOROUGH COUNTY IF YOU DELEGATE OFF TO THOSE GROUPS, AND YOU HAVE NO CONTROL OVER THEIR BUDGETS, SO I JUST SAY PLEASE PROCEED WITH CAUTION. THANK YOU SO MUCH. >>BRIAN BLAIR: THANK YOU, MS. PLATT. >> AND I WISH YOU WELL. >>BRIAN BLAIR: THANK YOU VERY MUCH. [APPLAUSE] BEFORE WE -- BEFORE WE MOVE ON TO PUBLIC COMMENT, WE'RE GOING TO HEAR COMMISSIONER NORMAN. WOULD YOU LIKE TO -- YOU'RE UP FIRST. >>JIM NORMAN: THIS IS THE -- I GUESS COMMISSIONER COMMENTS? >>BRIAN BLAIR: YES, COMMISSIONER COMMENTS. >>JIM NORMAN: I DIDN'T SAY MUCH DURING THIS PROCESS FOR THE FACT I DID A LOT OF LISTENING. BOARD MEMBERS, I KNOW A LOT OF YOU HAVE SAID YOUR POSITIONS ON A LOT OF THIS. AND I GUESS I HAVE A LOT OF -- SOME HISTORIC ASPECT TO A LOT OF THIS PROCESS, LIKE COMMISSIONER PLATT. I WENT THE EXTRA MILE AND ACTUALLY HAVE PROBABLY HAD MORE THAN 25 HOURS OF FACE TIME WITH SCIENTISTS, ATTORNEYS THAT DEAL WITH THE STATE STATUTE, A LOT OF DIFFERENT THINGS, AND COMMISSIONER PLATT SAID SOMETHING PRETTY ELOQUENTLY THERE ABOUT HOW THE ROOM WAS DIVIDED AND HOW PEOPLE HAVE ALL TORN UP ABOUT THIS PROCESS. AND THAT'S WHAT LED ME TO VOTE TO GO ON A PARALLEL TRACK OF ELIMINATION OF THIS WETLAND DIVISION, AS WE CALL IT, AND LET EPC TAKE IT OVER -- OR EXCUSE ME, SWFWMD TAKE IT OVER, OR TRY TO IMPROVE THE PROCESS. AND I WANT TO SAY THAT -- I WANT TO TELL YOU WHY I DID THAT. BECAUSE I DID -- I HAVE LIVED THROUGH THE ROGER STEWART YEARS, AND I BELIEVE WHAT HAS HAPPENED TODAY, AS YOU CAN SEE IN THIS AUDIENCE TODAY, I BELIEVE POLITICS HAS GOTTEN INTO EPC MORE THAN THE SUBSTANCE, I BELIEVE, THAT'S BEEN COMING OUT OF IT, AND I'VE GOT FACTS HERE TO PROVE THAT. WE'VE BEEN PUT IN -- WE'VE BEEN PUT IN A POSITION, THIS BOARD, TO KIND OF GIVE YOU AN EXAMPLE, THAT THIS BOARD IS - - IT'S EVERYWHERE, THAT WE'RE IN THE POCKETS OF DEVELOPERS, AND THEY BASE THAT ON OUR APPROVALS OF DEVELOPMENT. THAT'S THE BOTTOM LINE. HERE'S A LETTER -- HERE'S A HEADLINE HERE JUST A COUPLE DAYS AGO, "TOO OFTEN DEVELOPERS GET THEIR WAY." AND THIS BOARD SITS HERE VERY WELL KNOWING THAT THE PROCESS THAT WAS CREATED ALSO YEARS AND YEARS AGO HAS PROFESSIONALS SET UP FROM THE EARLY STAGES THAT BAD -- BAD PROJECTS DON'T GET INTO THE SYSTEM. YOU'VE GOT -- YOU'VE GOT OUR PLANNING AND GROWTH MANAGEMENT REVIEWING THE PROJECT. IT GOES BEFORE THE PLANNING COMMISSION. IT'S GOING OUT TO ALL AGENCIES, INCLUDING EPC, AND EVERY PROJECT IS BEING SCRUBBED BEFORE THE COUNTY COMMISSION EVER SEES IT. YOU KNOW, I FIND IT VERY -- STATISTICS MEANS A LOT TO ME -- THAT THE PLANNING COMMISSION HAS APPROVED 94.5% OF THE APPLICATIONS THAT'S COME BEFORE THE BOARD OF COUNTY COMMISSIONERS, AND WE'RE ACCUSED IN THE PAPER OF APPROVING 80%. EPC, 98% OF THE PROJECTS APPROVED, 98. HILLSBOROUGH COUNTY BEING APPROVED OF THE LAST FIVE YEARS - - HERE'S RIGHT HERE IN THAT NEWSPAPER. SINCE '02, THE COUNTY COMMISSION HAS FAVORED DEVELOPERS BY APPROVING 80%. LET ME TELL YOU WHAT'S UNIQUE ABOUT THAT. IT'S BECAUSE WE'RE ELECTED AND WE HAVE TO ABIDE BY LAWS. WE JUST CAN'T NOT LIKE THE WAY YOU LOOK WHEN YOU COME TO THE PODIUM AND SAY, OKAY, WE'RE GOING TO TURN DOWN YOUR APPLICATION BECAUSE WE DON'T LIKE YOU. THAT'S WHY THERE'S A COURT ACROSS THE STREET THAT LOOKS AT LAND USE LAWS, LOOKS AT EVERYTHING THAT COMES BEFORE THIS BOARD, AND WE HAVE TO ABIDE BY THE LAW. THAT'S WHY PROFESSIONALS ARE PUT IN THE FRONT OF THE PROCESS TO SCREEN EVERY APPLICATION, SCRUB IT DOWN BEFORE THIS BOARD EVER SEES IT. WE'RE SEEING APPLICATIONS THAT OVER 90% OF THE TIME HAS SIGN-OFFS BY EVERY AGENCY, AND THEN WE'RE APPROVING AT 80%, SO WE'RE IN THE POCKETS OF DEVELOPERS. THAT'S HILARIOUS TO ME, AND IT'S PUT IN PLACE WHERE I HEARD THE COMMENTS ABOUT WE'RE GOING TO BE HAULED OFF -- THAT'S PUT IN PLACE WHERE NONE OF THAT WOULD HAPPEN, CHECKS AND BALANCES THAT -- THE HEARING MASTER SEES IT -- AND YOU KNOW WHAT? MR. SMITH CAME BEFORE US THE OTHER DAY. HE LEFT THE PLANNING COMMISSION AS THE FIRST HEAD OF THE PLANNING COMMISSION, BECAME A HEARING MASTER, AND IS THE MOST CELEBRATED HEARING MASTER OF ALL TIME. EVERYBODY SHOWED UP TO CELEBRATE HIS ACCOMPLISHMENTS, AND YET WE'RE TAKING HIS ADVICE ON APPLICATIONS, AND YET THIS BOARD'S IN THE POCKETS OF DEVELOPERS. THAT'S UNBELIEVABLE. EITHER THE SYSTEM'S TOTALLY BROKE THAT WE CAN'T LISTEN TO PROFESSIONALS ANYMORE -- I MEAN, THESE PEOPLE ARE -- THEY KNOW THE LAW, AND THE BIBLE THAT WE'RE FOLLOWING IS THE PLANNING COMMISSION. THEY DEVELOPED THE BIBLE OF LAND USE THAT THIS BOARD FOLLOWS THAT WE HAVE TO BASE OUR OPINIONS ON BECAUSE YOU KNOW WHAT, THE GUY WHO OWNS THE DIRT OUT THERE -- THERE'S ALSO THIS THING ABOUT UNITED STATES CONSTITUTION AND PROPERTY RIGHTS, AND THAT'S WHAT THE COURTS WILL LOOK AT, AND THEY -- YOU CAN'T FILL A ROOM IN FRONT OF A COURT. THEY'RE GOING TO LOOK AT FACTS, AND THAT'S WHY THEY SEND THEM BACK OVER HERE AND SAY, WE CAN'T VIOLATE SOMEONE'S RIGHTS. WE HAVE TO BASE OUR DECISIONS ON FACT. THAT LEADS ME TO SOME FACT. IN MR. GARRITY'S PRESENTATION TO US THAT THIS IS SUCH A CRITICAL THING, THAT IT'S LIKE A SPILL AND ALL THOSE KIND OF THINGS, NEVER ONCE -- AND IT'S -- I WOULD IMAGINE HALF THE PEOPLE IN THIS ROOM THINKS THAT SWFWMD DOESN'T MONITOR HALF-ACRE WETLANDS. LET ME READ A TWO-PARAGRAPH LETTER THAT I'VE GOTTEN FROM SWFWMD THAT I'LL PASS OUT TO THE BOARD MEMBERS THAT WAS NEVER A PART OF ANY EXPLANATION OR ANY PLAN THAT DR. GARRITY READ TO US. IN 1980 THE WATER MANAGEMENT DISTRICTS WERE REQUIRED BY THE LEGISLATURE TO DEVELOP CRITERIA IN THE FORM OF A RULE WHICH WOULD SPECIFICALLY IDENTIFY THRESHOLDS FOR WETLAND IMPACTS. USING THE BEST DATA AVAILABLE AT THE TIME, THE DISTRICT CHOSE A ONE-HALF-ACRE ISOLATED -- THAT'S THE KEY WORD HERE -- ISOLATED WETLAND THRESHOLD BECAME ISOLATED WETLANDS LESS THAN ONE-HALF ACRE IN SIZE, COMPRISED LESS THAN 5% OF THE TOTAL ACREAGE. IMPORTANTLY, THE ONE-HALF-ACRE THRESHOLD APPLIES ONLY TO ISOLATED WETLANDS. IF A ONE-ACRE WETLAND IMPACT WERE TO OCCUR TO A CONTIGUOUS WETLAND SYSTEM GREATER THAN ONE-HALF-ACRE IN SIZE, THE DISTRICT REQUIRES FULL ASSESSMENT AND JUSTIFICATION FOR SUCH AN ACTIVITY. FURTHERMORE, ISOLATED WETLANDS UTILIZED BY THREATENED OR ENDANGERED SPECIES ARE PROTECTED BY THE DISTRICT REGARDLESS OF SIZE. THAT WAS NEVER PART OF ANY PRESENTATION HOW WE'RE GOING TO WORK TOGETHER WITH SWFWMD. I READ -- TALKING ABOUT THIS BEING VERY POLITICAL, THIS IS -- THIS IS WHAT -- UNDERSTANDING WHAT I JUST READ HERE, THIS IS THE PAPER JUST A COUPLE DAYS AGO. THE RUB, ACCORDING TO ENVIRONMENTAL LISTS, THOUGH IS THAT THE STATE AGENCIES DO NOTHING TO PROTECT WETLANDS THAT ARE HALF-ACRE OR SMALLER, WHICH ACCOUNTS FOR MUCH OF THE COUNTY'S WETLANDS. IF YOU TAKE THE LAWS THAT HAVE NOW CHANGED SINCE 1980 -- THIS IS FROM SCIENTISTS, THIS ISN'T FROM JIM NORMAN. BACK IN 1980 IT WAS 5%. WITH THE ISOLATED IT'S DOWN TO 2.5%. WITH THE NEW RULES SINCE THE EARLY '90s, WITH STORMWATER MUST BE RETAINED ON YOUR PROPERTY, IT'S DOWN TO LESS THAN 1%. NOW, ASKING THREE SCIENTISTS -- ONE OF THE COMMENTS THAT REALLY CONCERNED ME WAS HOW MUCH EFFECT DOES THE HALF-ACRE ISOLATED WETLAND HAVE ON THE AQUIFER BECAUSE THAT IS SO, SO IMPORTANT. THE ANSWER I GOT FROM EACH SCIENTIST WAS THERE IS NO SCIENTIFIC DATA THAT CAN SHOW THERE'S AN EFFECT ON AN ISOLATED WETLAND ON THE AQUIFER, THAT THESE ISOLATED WETLANDS UNDER THE SYSTEM THAT WE HAVE NOW WITH THE LAWS THAT ARE ON THE BOOKS ARE MORE OR LESS RETENTION PONDS, AND THAT'S WHY DR. GARRITY'S PLAN TALKED ABOUT BYPASSING SOME OF THESE DITCHES AND THINGS LIKE THAT IS BECAUSE THAT'S WHAT THE SCIENTISTS ARE SAYING AND THE EFFECT ON THE AQUIFER. DID ANYONE IN THE ROOM WONDER WHY THAT OUR CHAIRMAN BROUGHT THIS FORWARD AND ALL OF A SUDDEN WHEN IT WAS FOUR VOTES TO GO ON A PARALLEL SYSTEM AND DO AWAY WITH THIS DEAL -- ALL OF A SUDDEN WE HAVE A PLAN IN TWO WEEKS THAT COULD FIX THE SYSTEM? I WENT BACK AND CHECKED -- AND I SEE COMMISSIONERS IN THE ROOM -- AND ALL SORTS OF THINGS. I WENT BACK AND CHECKED BACK YEARS. IN THE LAST THREE YEARS COMMISSIONERS ON THIS BOARD ASKED 41 TIMES TO PLEASE REVIEW OUR SYSTEM BECAUSE THINGS ARE TAKING YEARS, MONTHS, BEING DELAYED ALL OVER THE PLACE, 41 TIMES I FOUND IN THE MINUTES WHERE COMMISSIONERS HAD ASKED FROM THIS DAIS -- EITHER FROM EPC OR THE COUNTY COMMISSION -- THAT WE NEEDED SOMETHING LOOKED AT. IN TWO WEEKS, WHEN OUR CHAIRMAN HAD THE GUTS TO BRING THIS FORWARD, WE HAVE A PLAN FROM DR. GARRITY THAT FIXES THE SYSTEM, AND HOW COULD THAT HAPPEN IN A TWO-WEEK PERIOD? PRIMARILY BECAUSE IF YOU TALK TO -- IF YOU GO BACK AND LOOK AT THE MEMORANDUM OF UNDERSTANDING WITH SWFWMD BACK TWO YEARS AGO AND TALKING WITH THOSE FOLKS IS THAT PLAN IS THE MEAT OF THIS PROPOSAL THAT GETS US THERE. WE COULD HAVE DONE THIS A LONG TIME AGO WITHOUT THIS -- USING FROM COMMISSIONER PLATT -- TEARING UP THIS COMMUNITY AND HAVING THIS PROBLEM BECAUSE THERE WAS A SOLUTION THERE SIGNED BY DR. GARRITY AND SWFWMD BACK IN '95 -- OR EXCUSE ME, '05, AND IT WAS REPORTED ALSO IN THE NEWSPAPER OF SUCH A PLAN, WOULD THEY HAVE THE MEETINGS TOGETHER, WOULD THEY HAVE THE FRONT END -- WHEN EPC GOES OVER THERE AND THEY HAVE THE INITIAL MEETINGS AND IT STREAMLINES AND ALL THAT. DIDN'T HAPPEN UNTIL TODAY. AND THIS -- ONE OF THE THINGS THAT ALSO JUMPS OUT VERY STRONGLY TO ME IS THIS 373 THAT'S REPORTED IN THE PLAN OF MR. -- DR. GARRITY IS THAT WE WILL ADOPT THE 373 WHERE APPLICABLE. LET ME TELL YOU WHAT'S THE STRENGTH OF 373 IN OVERSIGHT. THE AUDITOR GENERAL HAS RESPONSIBILITY FOR LOOKING OVER THE SHOULDER OF SWFWMD, THE AUDITOR GENERAL, AND OVER THE LAST TEN YEARS WHAT THEY DID IS THEY HIRED AN ENVIRONMENTAL -- AN ENVIRONMENTAL PERFORMANCE AUDITOR THAT'S ON STAFF AT SWFWMD THAT MAKES SURE ALL LAWS, ALL NECESSARY STREAMLINING, AND THE PROPER -- AND THE AGENCY'S RUNNING IN A PROPER WAY. THAT DOESN'T HAPPEN HERE. WE DON'T HAVE OVERSIGHT LIKE THE STATE HAS PUT INTO THEIR 373. THAT'S WHY IT'S TAKEN 41 REQUESTS BY COMMISSIONERS OVER ALL THESE YEARS AND WE DIDN'T GET THE CHANGE UNTIL NOW. AGAIN, LET ME TELL YOU, I ADMIRE -- AND I -- YOU KNOW, THE HITS THIS MAN TO MY RIGHT HAS TAKEN, HE STAYED STEADY, HE GOT US TO THIS POINT OF LOOKING OUT FOR ALL THE TAXPAYERS. THIS SHOULD HAVE BEEN DONE A LONG TIME AGO. I TELL YOU THAT. I ASKED SWFWMD AND I ASKED ALL THESE SCIENTISTS, WHAT DO YOU THINK OF THIS PLAN? AND THEY TOLD ME THAT IT HAS VALUE BECAUSE THIS IS WHAT THEY AGREED TO YEARS AGO. IT'S GOT VALUE AND SHOULD BE PURSUED, BUT IT'S -- IT'S ABSOLUTELY AWFUL TO ME THAT WE'VE -- WE'VE TORN THIS COMMUNITY APART TO GET -- AND HOW MUCH DECEPTION ON WE'RE IN THE POCKETS OF DEVELOPERS AND ALL THESE KINDS OF THINGS THAT HAVE BEEN SKEWED BECAUSE WE CAN'T GET TO A PROPER POINT WITH GOOD, THOROUGH INFORMATION AND DISCUSSION. IT REALLY DOES DISTRESS ME THAT IT TOOK ALL OF THAT, AND I TELL YOU WHAT. I'VE PUT THE HOURS IN, AND I KNOW THE ANSWERS, AND IT SHOULDN'T HAVE COME TO PICKETING, IT SHOULDN'T HAVE DONE ALL THAT, IT SHOULD HAVE BEEN DONE YEARS AGO, MR. GARRITY. [APPLAUSE] >>BRIAN BLAIR: OKAY. EXCUSE ME. EXCUSE ME. COMMISSIONER NORMAN, I APPRECIATE THAT, AND I'LL LET EVERYBODY SPEAK, BUT I WANT TO SAY SOMETHING SINCE YOU BROUGHT UP MY NAME. YES, I HAVE TAKEN A LOT OF BULLETS. THERE'S NO DOUBT ABOUT THAT. AND I WAS A SMALL BUSINESSMAN, AND I REALIZED THAT THERE WAS COMPLAINTS COMING FROM ALL OVER, BUT FROM THE VERY FIRST MEETING I SAID, IF YOU SHOW ME A WAY TO STREAMLINE THE PROCESS, IF YOU SHOW ME A WAY TO FIX THE COMPLAINTS THAT THE REGULATED COMMUNITY HAS -- AND I'M TALKING ABOUT AGRICULTURE, I'M TALKING ABOUT THE DEVELOPMENT COMMUNITY, THE PRIVATE-PROPERTY-RIGHT OWNER, THE REAL ESTATE PERSON -- IF YOU FIND A WAY TO DO THAT, I WILL CHANGE MY VOTE, AND I'LL TELL YOU RIGHT NOW, COMMISSIONER NORMAN, I'D LIKE TO PASS THIS GAVEL RIGHT NOW TO MR. HIGGINBOTHAM, AND RIGHT NOW I WILL MAKE A MOTION THAT WE ACCEPT DR. GARRITY'S HYBRID PLAN WITH THE PROVISION THAT OUR PERFORMANCE AUDITOR WORK WITH EPC TOWARD THE GOALS AND OBJECTIVES WE ALL SEEK; THAT IS, IMPROVING THE ENVIRONMENT, PROTECTING THE WETLANDS IN THE MOST EFFICIENT, EFFECTIVE MANNER POSSIBLE, AND THAT THIS BOARD AUTHORIZE ME AS CHAIRMAN TO WRITE A LETTER TO SWFWMD ASKING THEIR PERFORMANCE AUDITOR TO WORK WITH OUR PERFORMANCE AUDITOR TO ACHIEVE THE GOALS AND OBJECTIVES THAT WE ALL SEEK. >>ROSE FERLITA: POINT OF ORDER. POINT OF ORDER, MR. ATTORNEY. >>AL HIGGINBOTHAM: I'M GOING TO RECOMMEND THAT WE TABLE THE MOTION UNTIL WE'VE HEARD PUBLIC COMMENT. [CHEERS AND APPLAUSE] [SOUNDING GAVEL] THE MOTION HAS BEEN HEARD AND WILL BE TABLED. WE'LL WAIT AT THAT POINT FOR A SECOND, AND AT THAT POINT WE WILL RECONSIDER THE MOTION. >>BRIAN BLAIR: THAT WILL BE FINE. LET ME SAY THE REST OF MY PIECE THEN WHILE YOU HAVE THE GAVEL, COMMISSIONER HIGGINBOTHAM. FOR SO LONG THIS ORGANIZATION HAS BEEN A MOVING TARGET. DR. GARRITY HAS SAID THAT HIMSELF. REASONABLE USE. WHAT IS REASONABLE USE? YOU CAN'T OPERATE A BUSINESS AND LEAVE THE DISCRETION TO BE SUBJECTIVE. WE'VE FINALLY COME UP WITH A PLAN THAT SHOULD BE IMPLEMENTED IN NINE MONTHS THAT'S NONSUBJECTIVE, THAT'S TRANSPARENT, THAT PUTS OUT SOME OF THE THINGS, NOT ONLY TOO SUBJECTIVE AND A MOVING TARGET, BUT THERE'S NO DEFINED TERMS. DO YOU KNOW WE HAD NO WETLAND APPLICATION? THERE WAS NOT EVEN AN APPLICATION TO MITIGATE OR TO DO ANYTHING TO THE WETLANDS. THERE WAS THE APPEARANCE OF FAVORITISM. WE HAD NO TIMELINES. WE HAD A FAILURE TO RESPOND IN A TIMELY MANNER. THERE WAS VARIANCES BETWEEN WRITTEN LANGUAGE AND THE APPLICATIONS. THERE WAS COMPLAINTS ABOUT OUR LEADERSHIP. THERE WAS FAILURE TO COORDINATE WITH OTHER AGENCIES. THERE WERE -- VIOLATES EXISTING -- THE MOU THAT FIRST CAME ABOUT THAT COMMISSIONER NORMAN MENTIONED. HAD WE DONE THIS AT THE VERY, VERY BEGINNING, WE WOULDN'T BE SITTING HERE RIGHT NOW, AS COMMISSIONER NORMAN STATED. AND THERE WAS AN INCONSISTENCY OF THE INTERPRETATION OF RULES, WHICH I BELIEVE, AGAIN, THAT THE MOTION THAT I'VE MADE THAT WE WILL TALK ABOUT AT THE END HERE WILL MAKE -- NOBODY'S GOING TO BE HAPPY WITH EVERYTHING. THERE'S NO WAY TO MAKE -- ONE THING I FOUND IN POLITICS IS THERE IS NO WAY THAT YOU CAN MAKE EVERYBODY HAPPY, BUT IF WE FIND SOME TYPE OF COMPROMISE AND WE WORK TOGETHER, WE CAN DO WONDERFUL THINGS FOR THIS COMMUNITY. THANK YOU. [APPLAUSE] OKAY. WE HAVE -- EXCUSE ME. I'M SORRY. WE HAVE COMMISSIONER HIGGINBOTHAM. >>AL HIGGINBOTHAM: THANK YOU, CHAIRMAN. I TOO AM UNHAPPY WITH THE REPORTS THAT I'VE HEARD ON THE FIRSTHAND AND SEEN IN THE PAPER OF THE UNNECESSARY VANDALISM AND TARGETING OF YOUR HOME BY PEOPLE WHO DO NOT OPPOSE -- WHO -- WHO DO NOT SUPPORT YOUR POSITION AND THE HARASSMENT OF YOUR FAMILY, AND I JUST HOPE THAT IF THERE'S ANYONE HERE WHO HAS INFLUENCE AND CAN SPEAK TO FOLKS WHO ADVOCATE YOUR CAUSE THAT YOU CAN DISCOURAGE THAT BECAUSE IT DOESN'T HELP. YOU KNOW, FRIENDSHIP AND KINDNESS BEGETS KINDNESS, AND IF WE'RE GOING TO MAKE A DIFFERENCE, WE'VE GOT TO WORK TOGETHER. YOU KNOW, WORKING TOGETHER, WE'LL MAKE A DIFFERENCE IN THIS COMMUNITY, BUT I TOO HAVE SOME QUESTIONS ON THIS, AND I'M - - AS MR. NORMAN SAID, HE'S GONE THE MILE. WELL, IF HE'S GONE A MILE, I'VE DONE THE MARATHON BECAUSE WE'VE BEEN IMMERSED WITH THIS HYBRID PLAN AND TRYING TO FIND THE COMMON GROUND THAT, AS YOU SO ELOQUENTLY PUT, FIXES THIS PROBLEM, AND IF IT WAS A YEAR AGO OR JUNE 1 OR APRIL OF THIS YEAR THAT IT WAS THE CATALYST THAT BROUGHT THIS ABOUT, THEN SO BE IT. WE'RE HERE TODAY TO FIX THE PROBLEM. WE'RE HERE TODAY TO DEFINE THAT DIVISION -- THAT VISION AND MOVE INTO THE FUTURE THAT SHOWS WHERE WE'VE GOT PEOPLE WHO ARE CONCERNED ABOUT THE ENVIRONMENT, PEOPLE WHO ARE CONCERNED ABOUT THEIR FAMILIES AND THEIR NEXT GENERATION OF CHILDREN, PEOPLE WHO ARE CONCERNED ABOUT PROPER GROWTH, PEOPLE WHO ARE CONCERNED ABOUT THE AGRICULTURE AND HOW WE'RE GOING TO FEED NOT ONLY THIS GENERATION BUT THE NEXT GENERATION, HOW WE BRING THEM TO THE TABLE AND WORK TOGETHER TO MAKE A DIFFERENCE TO FIND THAT SOLUTION, AND TO THAT, DR. GARRITY, I HAVE SOME QUESTIONS OF YOU. IN YOUR YEARS OF EXPERIENCE THAT YOU'VE HAD AT THE STATE LEVEL AND HERE, DO YOU FEEL THAT THIS HYBRID IS GOING TO DEGRADE IN ANY WAY THE PROTECTION OF OUR WETLANDS? >>RICK GARRITY: NO, COMMISSIONER. I AM -- HAVE COMPLETE CONFIDENCE IN THE HYBRID MODEL THAT WE HAVE PRESENTED, THAT IT IS GOING TO MAINTAIN THE INTEGRITY INTENT OF WHAT THE CHAPTER 1-11 RULE STANDS FOR AND IS GOING TO BE VERY PROTECTIVE OF THE WETLANDS AND WATER QUALITY OF THE COUNTY. >>AL HIGGINBOTHAM: AND I HAD THREE OTHER QUESTIONS -- OR A TOTAL OF FOUR QUESTIONS HERE, MR. CHAIRMAN. DO YOU FEEL COMFORTABLE WITH -- IF IN THE IMPLEMENTATION -- AND IN THIS ONE-YEAR PERIOD -- YOU KNOW, WE'VE HEARD ABOUT A BLUE RIBBON GROUP AND A TASK FORCE. WELL, IF YOU READ CLOSELY -- AND AT SOME POINT WE MAY DEFINE -- DEPENDING ON WHERE OUR DEBATE GOES -- ALL THOSE CONCERNS ARE IN THIS HYBRID WHERE WE'LL HAVE THE PUBLIC INPUT, WE'LL HAVE THE TASK FORCE, WE'LL HAVE THE BLUE RIBBON COMMITTEE, BUT DO YOU FEEL COMFORTABLE THAT -- AND PART OF THE QUESTION IS STAFF AND IMPLEMENTATION -- THAT WE CAN RIGHT THIS SHIP IN THE WAY THAT MR. NORMAN WAS REFLECTING FROM THE WRONG PATH TO THE RIGHT PATH? >>RICK GARRITY: WELL, YES -- YES, I DO. I DON'T AGREE THAT EVERYTHING THAT WE HAVE BEEN DOING HAS BEEN WRONG. I WILL TELL YOU THAT THERE'S A LOT THAT WE HAVE BEEN DOING THAT HAS BEEN RIGHT. THE COMMUNITY WANTED A VERY STRINGENT RULE, AND THAT'S WHAT THEY HAD. BUT I WILL TELL YOU THAT I ALSO BELIEVE CHANGES ARE NEEDED IN THE RULE. I'VE BEEN VERY FORTHRIGHT WITH YOU ABOUT THAT. THESE ARE GOOD CHANGES, AND I FEEL VERY CONFIDENT IN THEM THAT IT'S THE RIGHT THING TO DO. >>AL HIGGINBOTHAM: AND YOU FEEL THAT WE CAN COME UP WITH RULES THAT ARE CONSISTENT, THAT THERE'S ONE PLAY BOOK, ONE RULE BOOK THAT EVERYONE ON BOTH SIDES WHO HAVE CONCERNS ON BOTH SIDES OF THE ISSUES -- BECAUSE THAT'S WHAT I HERE MOSTLY, I DON'T HEAR FROM THE GROWTH AND DEVELOPMENT COMMUNITY, THE AG COMMUNITY, OR ENVIRONMENTAL PEOPLE THAT HAVE CONCERNS WHICH WE ALL SHARE, BUT IT'S A CONCERN OF HAVING A SET OF RULES -- WE'RE GOING TO COME OUT OF THIS WITH A SET OF RULES THAT ELIMINATE THE PROBLEM AND THE HEARTACHE AND ELIMINATE ISSUES WHERE MR. BLAIR'S HOME IS VANDALIZED AND HIS FAMILY AND CHILDREN ARE HARASSED? THAT'S WHAT I'M TRYING TO ACCOMPLISH TODAY AND COME OUT WITH GOOD PUBLIC POLICY. YOU FEEL WE'RE OKAY AND HEADED IN THE RIGHT DIRECTION? >>RICK GARRITY: YES, SIR. >>AL HIGGINBOTHAM: ONE LAST QUESTION. ON THE MANGROVES, HAS THAT OVERSIGHT BEEN ELIMINATED OR IS IT REASSIGNED, AND EXPLAIN THAT BECAUSE I THINK THERE'S SOME QUESTIONS -- I WAS WATCHING FOLKS IN THE AUDIENCE -- WHAT THE MANGROVE POLICY IS. >>RICK GARRITY: WELL, RIGHT NOW WE HAVE DELEGATION FROM THE STATE DEP TO BE THE SOLE AUTHORITY FOR MANGROVE TRIMMING AUTHORIZATION IN HILLSBOROUGH COUNTY. PEOPLE DON'T GO TO SWFWMD, THEY DON'T GO TO DEP, THEY COME TO EPC FOR THAT PERMISSION, AND THAT WILL CONTINUE WITH THE HYBRID. IF YOU PASS THE HYBRID CONCEPT AND WE GO ON IN THAT WAY, THAT WILL CONTINUE THAT WAY. IF YOU WERE TO DO AWAY WITH THE WETLANDS DIVISION, WE PROPOSED TO YOU TO DO AWAY WITH THE MANGROVE RULE BECAUSE IT'S THE WETLAND DIVISION STAFF THAT IMPLEMENT THE PROVISIONS OF THE MANGROVE RULE. WE WOULD HAVE NO STAFF TO DO THAT. >>AL HIGGINBOTHAM: SO WE'RE JUST MAKING SURE THAT WE HAVE STAFF TO COVER IT? >>RICK GARRITY: YES. >>AL HIGGINBOTHAM: OKAY. ALL RIGHT. THAT'S ALL MY QUESTIONS, MR. CHAIRMAN. THANK YOU. >>BRIAN BLAIR: COMMISSIONER HIGGINBOTHAM, THANK YOU. YOU'RE A FRIEND, AND I KNOW YOU'VE DONE A LOT WITH THE AGRICULTURE COMMUNITY, AND THANK YOU VERY MUCH. NEXT I HAVE COMMISSIONER SHARPE -- OR 8, I'M SORRY, FERLITA. >>ROSE FERLITA: FERLITA. THANK YOU. FIRST OF ALL, MR. HIGGINBOTHAM, THANK YOU FOR TABLING THAT MOTION. I THINK THE DYNAMICS TODAY FROM THIS SIDE AND FROM THE WORK WE'VE ALL DONE, DEPENDING ON OUR POSITIONS, FROM THE WORK THAT EVERYBODY ELSE HAS DONE OUT THERE IN TERMS OF TIME AND EXERCISES AND NEED TO SPEAK, THAT ALL NEEDS TO BE HEARD, THAT ALL NEEDS TO BE ON THE RECORD, THAT ALL NEEDS TO BE TAKEN INTO CONSIDERATION IN THE EQUATION WHEN WE LOOK AT THE MOMENT THAT WE NEED TO LOOK AT THE MOTIONS. I WILL TELL YOU THAT I'M MAKING THE ASSUMPTION THAT I'M SITTING UP HERE WITH SEVEN ADULTS, SO I DON'T THINK THAT THERE'S ANY REASON FOR ME TO GO AT COMMISSIONER NORMAN OR HE AT I OR HE AT DR. GARRITY -- OTHER ADULTS AS WELL, BUT I MEANT THIS COMMISSION, EXCUSE ME. I WANT TO TELL YOU THAT I STRONGLY DISAGREE, STRONGLY, STRONGLY, STRONGLY DISAGREE WITH A LOT OF THE ELEMENTS THAT COMMISSIONER NORMAN BROUGHT UP, AND I'M GOING TO TAKE THE OPPORTUNITY AT THE END OF PUBLIC HEARING TO MAKE THOSE COMMENTS AND STATE MY CASE AS WELL, SO THAT'S WHY WE NEED TO CONTINUE FORWARD AT THIS POINT. I WILL GIVE YOU A SOUND BITE IN TERMS OF THIS -- [APPLAUSE] -- I WILL GIVE YOU A SOUND BITE IN TERMS OF HIS LAST COMMENT AND LOOKING AT DR. GARRITY AND SAYING DR. GARRITY SHOULD HAVE DONE THIS A LONG TIME AGO. WE HAVE SPENT A LOT OF TIME HERE AT THIS VERY DAIS OVER THESE LAST FEW WEEKS LOOKING AT A GENERAL REVENUE THAT IS HIGH UP THERE IN TERMS OF DOLLARS, AND IF YOU DO YOUR WORK -- AND I TALKED TO ERIC JOHNSON -- WHAT WE'RE TALKING ABOUT ULTIMATELY, WHAT YOU'RE TAKING YOUR TIME TO REVIEW AND RE-REVIEW, WHAT WE'RE TAKING OUR TIME TO DECIDE WHAT THE BEST DIRECTION IS TO GO IN IS A FRACTION, IS A FRACTION, A FRACTION OF 1% OF THE ENTIRE GENERAL REVENUE BUDGET. THAT MEANS -- [APPLAUSE] -- THAT MEANS THAT IF WE'RE JUST TALKING TODAY ABOUT WHAT DR. GARRITY SHOULD HAVE DONE, THERE ARE A BUNCH OF OTHER PEOPLE THAT ARE INVOLVED IN THOSE OTHER DOLLARS, AND I WILL TELL YOU THAT REVIEWING IS HEALTHY. IS EVERYTHING RIGHT IN EPC? NO. IS EVERYTHING AS EFFICIENT AS IT COULD BE IN EVERY OTHER DEPARTMENT? PROBABLY NOT, AND THAT'S WHAT THE BUDGET PROCESS IS. SO THIS IS SO MINUTE IN TERMS OF THE WHOLE SCHEME OF THINGS, AND I WILL ASK FOR THE OPPORTUNITY TO BASE MY CASE ON DIFFERENT REASONS THAT I HAVE RESEARCHED. I HAVE THREE QUESTIONS TO YOU, DR. GARRITY, BUT SINCE A COUPLE REFERENCES HAVE BEEN MADE TO THIS -- AND THIS IS NOT GERMANE TO MY QUESTIONS -- TO YOU ON BEHALF OF THE BUILDERS ASSOCIATION. I WILL TELL YOU THAT THERE WAS NO COORDINATION OF WARDROBE TODAY, AND FOR THOSE OF YOU WHO HAVE A HARD TIME READING ON THIS SIDE OF THE DAIS, THIS RED JACKET SAYS REPUBLICAN FOR FERLITA, REPUBLICAN FOR SHARPE, SO LET'S NOT CONFUSE THE RED JACKETS WITH THE GREEN JACKETS IN TERMS OF WHAT I USED. I DIDN'T KNOW WHAT ANYBODY ELSE WAS GOING TO DO IN TERMS OF MARKETING. THAT'S WHY I SAY THAT. [APPLAUSE] DR. GARRITY, TO BE FAIR TO SOME OF THE PEOPLE THAT HAVE MAYBE A DIFFERENT POSITION THAN SOME OF US DO, LET'S TALK A LITTLE BIT ABOUT THIS. I KNOW YOU'VE SAID THIS, BUT TODAY HAS BEEN DEDICATED TO GETTING EVERYTHING ON THE TABLE AND EXPLAINING ONCE, TWICE, THREE TIMES IF WE NEED TO. JUST THE DAY BEFORE YESTERDAY I MET WITH SOME OF THE REPRESENTATIVES FROM THE BUILDERS ASSOCIATION. THEY HAD SOME CONCERNS YOU ADDRESSED. PLEASE INDULGE ME IN EXPLAINING IT AGAIN. ONE OF THEIR CONCERNS WAS, FOR INSTANCE, THE DIFFERENCE IN THE CRITERIA FOR AG IN TERMS OF WETLAND REGULATIONS. I KNOW YOU'VE ADDRESSED THAT. TELL ME WHAT -- WHY THAT IS A FAIR PROCESS IN TERMS OF WHAT YOU'RE TALKING ABOUT HERE IN TERMS OF AGRICULTURAL GROUND AND SURFACE WATER MANAGEMENT PROGRAMS. WHY WAS THAT A SPECIFIC EXEMPTION? RESTATE WHY THAT THOUGHT PROCESS CAME ABOUT. >>RICK GARRITY: WELL, COMMISSIONER, I -- WHEN I MADE MY PRESENTATION LAST MONTH, I THINK I SAID SOMETHING LIKE I BELIEVE AGRICULTURE IS DIFFERENT. IT IS A DIFFERENT PROCESS. IT'S REGULATED DIFFERENTLY, NOT JUST HERE BUT IN THE STATE ALSO. SWFWMD REGULATES AGRICULTURE IN A DIFFERENT WAY THAN OTHER TYPES OF DEVELOPMENT. AGRICULTURE USES THE LAND DIFFERENTLY. THEY USE IT ON A TEMPORAL NATURE, NOT A PERMANENT NATURE. THEY DON'T PAVE OVER. THEY TRY TO KEEP IT GREEN. AS FAR AS I'M CONCERNED, THE BUSINESS THAT AGRICULTURE AND MY FRIEND LIKE ROY DAVIS IS IN IS THE SAME BUSINESS WE'RE IN IS TO TRY TO KEEP HILLSBOROUGH COUNTY GREEN, HAVE A DIVERSIFIED ECONOMY, AND I -- I AM VERY COMFORTABLE IN THE CONCEPT OF HAVING A DIFFERENT -- SLIGHTLY DIFFERENT STANDARD FOR AGRICULTURE. I KNOW THAT WHEN THEY TRY TO PLANT THEIR CROPS IN 50-ACRE PARCELS -- BECAUSE ROY HAS EDUCATED ME AS TO THIS -- WHAT THEY HAVE TO GO THROUGH TO GET THOSE CROPS IN THE GROUND AND HOW THEY HAVE TO USE THE LAND AND HOW THEY HAVE TO MANIPULATE THEIR TRACTORS AND SO FORTH -- I'VE LEARNED A LOT IN THE LAST YEAR ABOUT THAT, AND I THINK BECAUSE OF THAT, WE -- AND BECAUSE OF OUR RESPECT FOR THE AGSWM PROGRAM THAT SWFWMD RUNS -- WE'VE LEARNED A LOT ABOUT THAT TOO. WE HAVEN'T LEARNED ALL ABOUT IT, WE'LL LEARN MORE IN THE COMING MONTHS, BUT BECAUSE OF THAT PROCESS AND THE RESPECT THAT WE HAVE FOR IT, I CAN TELL YOU THAT WE ARE VERY COMFORTABLE IN USING THAT PROCESS AND COORDINATING WITH SWFWMD TO ALLOW THAT TO SATISFY OUR MINIMIZATION REQUIREMENTS, OUR AVOIDANCE CRITERIA, AND LIKE -- AND LIKEWISE ALSO HAVE A DIFFERENT -- A SLIGHTLY DIFFERENT STANDARD AS FAR AS MITIGATION, THE EXEMPTIONS OF THE UNDER- QUART-ACRE WETLANDS, ISOLATED WETLANDS. BOB STETLER OF OUR STAFF, WHO I THINK IS HERE SOMEWHERE TODAY, WE'VE DONE AN AERIAL SURVEY OF THE ENTIRE COUNTY, OF ALL OF THE WETLANDS IN THE COUNTY THAT -- USING SWFWMD MAPS -- THAT WOULD FALL INTO THE CATEGORY OF ISOLATED WETLANDS UNDER ONE-QUARTER ACRE ON AGRICULTURAL PROPERTY, AND YOU'RE TALKING SOMEWHERE IN THE RANGE OF 2- TO 300 INDIVIDUAL PARCELS OF QUARTER-ACRE ISOLATED WETLANDS. THAT'S A SMALL AMOUNT COMPARED TO ALL OF THE OTHER WETLANDS IN THE COUNTY, AND WE THINK THAT WE NEED TO BE SPENDING OUR STAFF TIME ON PRIORITY WHERE THE HIGHEST PRIORITY IS AND WORKING WITH INDUSTRIES LIKE AGRICULTURE TO TRY TO KEEP THEM ECONOMICALLY VIABLE AND KEEP HILLSBOROUGH COUNTY AS GREEN AS WE CAN. >>ROSE FERLITA: OKAY, DR. GARRITY. THANKS. THE SECOND QUESTION OF THREE THAT THEY BROUGHT UP TO ME -- AND I WILL TELL THAT YOU IT WAS A VERY CONSTRUCTIVE MEETING AS OPPOSED TO CONFLICTING, AS SOMEONE SAID IN PARTS OF OUR AUDIENCE TODAY. THE SECOND CONCERN WAS THIS: THE PROPOSAL IS TO ALLOW ONE YEAR FOR THE IMPLEMENTATION OF THE PLAN. HOW WILL THE COMMISSION BE ABLE TO TRACK YOUR PERFORMANCE IN THE INTERIM? >>RICK GARRITY: WELL, AS YOU KNOW, COMMISSIONER -- >>ROSE FERLITA: YOU SAID THAT, BUT I WANT YOU TO SAY IT AGAIN. >>RICK GARRITY: WE HAVE MONTHLY MEETINGS HERE, AND I CAN'T RUN A DIVISION ON A MONTHLY BASIS, SO I DON'T WANT TO COME BACK HERE EVERY MONTH AND SAY, YOU DIDN'T MEET A DEADLINE, ELIMINATE THE WETLANDS DIVISION. I CAN'T OPERATE THAT WAY, BUT I WILL TELL YOU IF YOU GIVE US A YEAR TO IMPLEMENT THIS AND WE GIVE YOU QUARTERLY UPDATES, YOU CAN READILY SEE THE PROGRESS WE'LL MAKE IN IMPLEMENTING THIS PLAN, AND YOU CAN SEE IN THE PUBLIC HEARINGS THAT WE CALL TO ADOPT THE RULES THAT WE ARE ADOPTING THE RULES THAT ARE IN THE PLAN. >>ROSE FERLITA: OKAY. THAT'S A FAIR ANSWER. AND THE LAST THING THAT WE HAD DISCUSSED AT THAT MEETING, DR. GARRITY, LOOKING AT THIS STUFF -- AND WE HAVE A MULTITUDE OF DIFFERENT DOCUMENTS AND DIFFERENT BOOKS AND DIFFERENT EVERYTHING. DOCUMENTS ARE DOCUMENTS. HOW ARE YOU GOING TO TURN THESE DOCUMENTS INTO CONCRETE CHANGES AT EPC? >>RICK GARRITY: THERE'S SEVERAL WAYS. ONE IS THROUGH THE RULE ADOPTION. THAT WILL TURN THE DOCUMENT INTO A CONCRETE PLAN. WHEN WE ADOPT -- FOR INSTANCE, WHEN WE ADOPT THE BASIS OF REVIEW DOCUMENT, THAT IS GOING TO ADD A TREMENDOUS AMOUNT OF DEFINITION TO WHAT THE TERM "REASONABLE USE" MEANS. IT'S GOING TO GIVE GUIDELINES TO THE DEVELOPMENT COMMUNITY, TO THE REGULATED COMMUNITY, AND WE HAVE -- I HAVE AN EXCELLENT STAFF IN THE WETLANDS DIVISION. YOU'VE MET MR. STETLER, I BELIEVE, BOB STETLER. I HOPE YOU ALL HAVE MET HIM. >>ROSE FERLITA: YES. >>RICK GARRITY: IF YOU HAVEN'T, I WANT YOU TO MEET HIM. BOB, COULD YOU STAND UP FOR A SECOND. BOB AND I HAVE WORKED TOGETHER FOR PROBABLY 20 YEARS. HE SERVED AS MY WETLANDS DIVISION DIRECTOR AT THE DEPARTMENT OF ENVIRONMENTAL PROTECTION. HE AND I SHARE THE SAME THOUGHT PROCESS ABOUT HOW TO TREAT CUSTOMERS AND HOW TO RUN AN EFFICIENT PROGRAM, AND I CAN ASSURE YOU THAT'S PART OF THE SOLUTION HERE TO ACCOMPLISH EVERYTHING THAT WE NEED TO ACCOMPLISH. >>ROSE FERLITA: OKAY. THAT BEING SAID, MR. STETLER, THANK YOU. THANK YOU FOR YOUR ANSWERS. MR. CHAIRMAN, I'LL HAVE MUCH MORE LATER, BUT THAT'S ALL I HAVE FOR NOW. >>BRIAN BLAIR: THANK YOU, BOB. TALKED TOO MUCH. [LAUGHTER] THANK YOU, DR. GARRITY. COMMISSIONER SHARPE. >>MARK SHARPE: I WILL KEEP MY REMARKS RELATIVELY SHORT BECAUSE I WANT TO HAVE AN OPPORTUNITY TO HEAR THE COMMENTS OF ALL THE CITIZENS. I JUST WANT TO SAY, FIRST OFF, THAT I DO DEEPLY APPRECIATE THE PARTICIPATION OF ALL OF YOU, AND THERE'S A LARGE NUMBER OF FOLKS IN THIS ROOM WHO REPRESENT DIFFERENT PHILOSOPHIES, BUT MANY OF YOU HAVE TAKEN THE TIME TO EDUCATE US THROUGH YOUR E-MAILS, AND I APPRECIATE THE E-MAILS, AS I'M SURE THE OTHER COMMISSIONERS DO. YOU'VE ALSO, THOUGH, TAKEN THE TIME TO WORK WITH DR. GARRITY, AND I DEEPLY APPRECIATE THAT BECAUSE FOR US TO ACTUALLY IMPROVE -- YOU KNOW, OFTENTIMES WE'LL SIT HERE AND WE LISTEN TO DEBATES AND PEOPLE ARE SHOUTING BACK AND FORTH AND WAVING THE SIGNS AND SUCH, AND WHEN WE WALK OUT OF HERE WE REALLY DON'T GET ANYTHING DONE, BUT WHEN WE ACTUALLY ARE ABLE TO TAKE THIS INFORMATION AND IMPROVE THE PROCESS, EVEN WHEN WE'RE ON DIAMETRICALLY OPPOSED POSITIONS OR WE THINK WE'VE GOT DIAMETRICALLY OPPOSED POSITIONS, WHEN WE'RE ABLE TO WORK TOGETHER -- AND THEN GARRITY, YOU'VE BEEN ABLE TO TAKE ALL THIS INFORMATION, TAKE THE DIFFERENT PERSPECTIVES, AND NEVER WAVER, NEVER FORGET, AND THAT WAS SOMETHING WE DISCUSSED AT THE VERY BEGINNING. MY CONCERN WAS THAT WE DO NOTHING IN THIS PROCESS THAT WEAKENS OUR ABILITY TO PROTECT OUR LOCAL WETLANDS OR ENVIRONMENT, AND YOU ASSURED ME THAT AT THE VERY BEGINNING. WE TALKED ABOUT WHY THE WETLANDS DIVISION WAS CREATED IN THE MID-'80s, AS A RESULT OF THE LOSS OF OVER 400 ACRES OF WETLANDS. THERE WAS A REASON WHY THE DIVISION WAS CREATED IN THE FIRST PLACE. NOW, IF THE DIVISION HAS BEEN POORLY MANAGED, IF IT'S PERSONALIZED OR ALLOWED ITSELF TO BECOME PERSONALIZED AND PEOPLE HAVE BEEN TREATED POORLY, YOU'VE BEEN WORKING TOWARDS IMPROVING AND CORRECTING THAT, BUT I DO APPRECIATE THE FACT THAT WE'VE TAKEN A VERY IMPORTANT DIVISION, WHICH WENT A STEP BEYOND WHAT SOME OF THE OTHER AGENCIES IN THE STATE, WHETHER IT'S DEPARTMENT OF ENVIRONMENTAL PROTECTION OR SWFWMD, HAVE BEEN ABLE TO DO. YOU'VE GONE AND TAKEN THAT EXTRA STEP SO THAT WE CAN HAVE THESE WETLANDS, AND CITIZENS -- OR FOLKS, OBVIOUSLY, WE KNOW THAT THE WETLANDS ARE IMPORTANT. IF YOU -- WE'RE GETTING READY TO -- TO GO THROUGH THE SECOND ANNIVERSARY OF THE HURRICANE KATRINA, AND IF YOU LOOK AT THE IMPACT THAT KATRINA HAD ON NEW ORLEANS, IN LARGE PART THE DAMAGE WAS THE RESULT OF THE DESTRUCTION, THE WIDESPREAD DESTRUCTION OF THE WETLANDS WHICH SERVE AS A NATURAL BUFFERING FOR THE HURRICANES, AND RETENTION -- NATURAL RETENTION FACILITY FOR STORMWATER. NOW, WE DO BUILD HERE IN OUR COUNTY STORMWATER FACILITIES. THEY'RE VERY EXPENSIVE. AND THEN WE'VE GOT TO MAINTAIN THEM. WELL, ONE OF THE BEAUTIES OF THE WETLAND SYSTEM IS THAT IT IS A NATURAL SYSTEM THAT WE DON'T HAVE TO SPEND MONEY ON, SO IT'S FISCALLY, I THINK, A PRUDENT AND CONSERVATIVE MEASURE BY THIS BOARD TO DO EVERYTHING WE CAN DO TO PROTECT THE WETLANDS SO THAT WE DON'T HAVE TO SPEND CIT DOLLARS BUILDING OTHER INFERIOR MANY TIMES FLOODWATER SYSTEMS AND STORMWATER SYSTEMS TO PROTECT US FROM FLOODWATERS AND TO PROTECT OUR WATERS, SO I WANT TO THANK YOU, DR. GARRITY, FOR THE STEPS THAT YOU'VE TAKEN, AND YOU KNOW, I'LL JUST CLOSE BY SAYING THAT, YOU KNOW, A HUNDRED YEARS FROM NOW NO ONE'S GOING TO REMEMBER ANY OF US, BUT WHAT WE DO WILL BE REMEMBERED, AND THE -- AND THE ENVIRONMENT THAT WE LEAVE BEHIND -- SOMEONE ELSE -- I MEAN, WE TALK ABOUT PROPERTY RIGHTS, AND THAT'S VERY IMPORTANT, AND COMMISSIONER NORMAN MADE A VERY ELOQUENT STATEMENT WITH REGARD TO THE RIGHTS OF THE INDIVIDUAL AND THE CONSTITUTION, BUT, YOU KNOW, I LIVE ON PROPERTY THAT I DIDN'T OWN -- THAT I DIDN'T OWN A HUNDRED YEARS AGO, SOMEONE ELSE OWNED IT. NOW I'M THE OWNER, AND A HUNDRED YEARS FROM NOW, SOMEONE ELSE IS GOING TO OWN THE PROPERTY THAT I OWN AND SOMEONE ELSE IS GOING TO BE LIVING IN THIS COMMUNITY, AND WE NEED TO DO EVERYTHING WE CAN DO TO PROTECT THE RIGHTS OF THE CITIZENS TODAY BUT ALSO REMEMBER THE PEOPLE FOR TOMORROW, AND I THINK YOU'VE DONE THAT WITH THIS HYBRID. IT'S AN IMPROVEMENT. IT'S NOT PERFECT, BUT WHAT YOU'VE PROVIDED GIVES US A BASIS FOR WHICH WE CAN WORK TO -- TO PROTECT OUR ENVIRONMENT, TO PROTECT THE WETLANDS, AND TO LOOK OUT FOR FUTURE GENERATIONS, SO I THANK YOU VERY MUCH FOR THE HARD WORK THAT YOU'VE MADE, AND I'LL CERTAINLY BE SUPPORTING THIS HYBRID WHEN WE HAVE AN OPPORTUNITY TO VOTE, BUT I DO WANT TO HEAR THE CITIZENS, AND THANK YOU ALL VERY MUCH. [APPLAUSE] >>BRIAN BLAIR: COMMISSIONER WHITE. >>KEVIN WHITE: THANK YOU, MR. CHAIRMAN. I THINK AS WE CAN SEE BY THE OUTCRY OF PEOPLE THAT ARE IN THIS AUDIENCE, WHETHER THEY'RE WEARING RED, WHETHER THEY'RE WEARING GREEN, WHETHER THEY'RE WEARING ANY COLOR AT ALL, THIS IS A VERY IMPORTANT ISSUE TO EACH AND EVERY ONE OF US IN OUR COMMUNITY. RECENTLY WE HAD A TOWN HALL MEETING, THE BOARD OF COUNTY COMMISSIONERS, OUT IN PLANT CITY, AND A YOUNG LADY BY THE NAME OF MELISSA BENNETT CAME UP TOWARD THE END OF THAT MEETING AND SHE ASKED ME -- SHE SAID, SPECIFICALLY I WANT TO ASK COMMISSIONER WHITE A QUESTION -- WHY WOULD YOU MAKE THE MOTION TO ELIMINATE THE WETLANDS DIVISION, AND I'D LIKE TO TAKE A MOMENT TO REGURGITATE THAT ANSWER AGAIN TO THIS LISTENING AUDIENCE. BEFORE -- I SPOKE WITH DR. GARRITY. THIS -- THE EPC -- THE PROBLEMS THAT WE'VE OUTLINED THAT THEY SAY HAVE BEEN IN EXISTENCE HAVE BEEN IN EXISTENCE BEFORE I GOT ON THIS BOARD, BEFORE I EVER EVEN GOT INTO GOVERNMENT. THESE WERE A LOT OF THE PROBLEMS THAT, YES, PROBABLY DEVELOPERS AND DEVELOPMENT HAD BEEN REGURGITATING TO ME AS I WAS A CANDIDATE AT -- FOR THIS POSITION. NOW, THE DEFINITION OF "INSANITY" IS TO CONTINUE TO DO THE SAME THING THE SAME WAY AND EXPECT DIFFERENT RESULTS. NOW, IF WE HAD DONE NO ACTION IN OUR LAST MEETING, WE WOULD HAVE BEEN DOING THE SAME THING OVER AND OVER AGAIN. DEVELOPERS WOULD BE COMPLAINING. THERE WOULD NEVER BE ANY CONSENSUS, PERIOD, WITH ANY OF US, AND WE'D HAVE NO STRUCTURED GUIDELINES DOING NOTHING, BUT BY I'M GOING TO SAY STEPPING OUT, MAKING A BOLD MOVE TO DO AN ELIMINATION PROCESS DID NOTHING BUT GET THIS PROCESS IN WHICH WE'RE ALL HERE NOW IN A MEETING COMING TOGETHER TO TRY TO SEE IF WE CAN FIX WHAT HAS APPARENTLY BEEN BROKEN FOR 20 YEARS. THAT BROUGHT DEVELOPERS TOGETHER, THAT BROUGHT THE COMMUNITY TOGETHER, THAT BROUGHT THE ENVIRONMENTALISTS TOGETHER. I SPOKE TO DR. GARRITY -- AND I'M GIVING YOU PERMISSION TO STEP IN AT ANY POINT IN TIME WHEN I MISSPEAK REGARDING YOU. AFTER THIS HAPPENED, I TOLD DR. GARRITY THE MOTION WAS MADE TO TRIGGER THIS PROCESS. >> [INAUDIBLE] >>KEVIN WHITE: MA'AM, I DID NOT -- I HAVE NOT INTERRUPTED ANYONE THAT'S BEEN OUT THERE SPEAKING, AND I DON'T APPRECIATE THE HOOS AND HAWS. I WON'T TOLERATE IT. I WAS RESPECTFUL TO YOU, AND I EXPECT THE SAME RESPECT. NOW, DR. GARRITY -- WHEN I WAS SPEAKING TO HIM, I TOLD DR. GARRITY THAT I WAS NOT SPEAKING TO NECESSARILY DISSOLVE THE WETLANDS DIVISION. THAT WAS THE MOTION, BUT WE COULD NOT DO THAT AT THAT HEARING. IT TRIGGERED THE PUBLIC PROCESS. I ALSO TOLD DR. GARRITY HELP ME TO HELP YOU. I SAID, THIS PROBLEM HAS EXISTED FOR YEARS. WE HAVE TO COME UP WITH A PLAN THAT EVERYBODY KNOWS WHAT THE RULES ARE, AND I SAID, IF YOU CONVINCE ME THAT WE CAN COME UP WITH A PLAN THAT WE CAN ALL WORK TOGETHER, I'M ALL IN, I'M ON YOUR SIDE, I WILL HELP. NO ONE -- I AM DEVELOPMENT FRIENDLY AND I'M ENVIRONMENTALLY FRIENDLY, BUT THE BOTTOM LINE IS WE HAVE A CONSENSUS -- WE NEED TO HAVE A CONSENSUS. WE ALL NEED TO WORK TOGETHER, AND WE NEED TO HAVE A GUIDELINE. ONE OF THE THINGS IN HIS PROPOSAL THAT HE WAS LOOKING AT -- ONE OF THE THINGS THAT -- THE CAPTION IS WHY WILL THE HYBRID OPTION -- WHAT WILL THE HYBRID OPTION ACCOMPLISH? ONE OF THE MAIN THINGS, CREATE A BASIC REVIEW DOCUMENT CLARIFYING THE PERMITTING. WELL, IF WE'VE BEEN IN EXISTENCE FOR 20-PLUS YEARS, IF WE DON'T HAVE A BASIC OUTLINE, THERE'S A PROBLEM. WE'RE IN -- CREATE AN APPLICANT HANDBOOK. IF THE DEVELOPERS DON'T KNOW THE RULES AND AN APPLICATION IS TIED UP IN THE QUAGMIRE FOR TWO YEARS, THAT'S A PROBLEM. WE'RE IN THE 21 CENTURY. HALF THE COMMISSIONERS UP HERE ARE CHECKING E-MAILS, RESPONDING TO CONSTITUENTS, FINDING OUT WHAT'S GOING ON, TALKING TO STAFF WHILE WE'RE UP HERE, BUT WE DON'T EVEN HAVE A BASIC ON-LINE APPLICATION PROCESS. THESE ARE SOME OF THE THINGS THAT THIS HAS TRIGGERED. THIS HAS DONE NOTHING BUT BROUGHT THE BASICS, WHICH HAD NEVER BEEN IMPLEMENTED, TO THE FOREFRONT. I TOLD DR. GARRITY, DR. -- I MEAN, HIS ATTORNEY, RICK TSCHANTZ -- WE'VE MET SEVERAL TIMES SINCE THE LAST MEETING, AND I'VE -- IN EVERY ONE -- IN EVERY MEETING THAT WE'VE HAD, I DON'T THINK HE CAN TELL YOU AT ANY POINT IN TIME -- I'VE BEEN NOTHING MORE THAN SUPPORTIVE OF HIM AND HIS PLAN, BUT I NEED TO SEE SOME STRUCTURE IN PLACE FOR ME TO SUPPORT THE INSANITY THAT'S BEEN GOING ON, AND HE WOULD HAVE MY FULL SUPPORT IF HE COULD BRING THESE SUGGESTIONS INTO PLAY. HE HAS DONE A MARVELOUS JOB OF TRYING TO WORK TO BRING THIS TO PLAY. NOW, THE QUESTION AGAIN -- ONE OF THE THINGS THAT COMMISSIONER NORMAN DID BRING UP, WELL, ALL OF A SUDDEN WE HAVE THE ANSWER IN TWO WEEKS. I MEAN, THIS JUST GOES TO SHOW IF THERE HAD BEEN SOME SORT OF CONSENSUS AND EVEN WILLINGNESS TO COOPERATE AND COMMUNICATE IN THE PAST, HALF OF THESE ISSUES COULD HAVE BEEN RESOLVED YEARS AGO, AND WE WOULDN'T BE HERE WHERE WE ARE TODAY. IT APPEARS THAT -- ONE OF THE OTHER THINGS THAT'S BEEN IN THE PAPER THAT JUST BECAUSE YOU VOTE ONE WAY OR THE OTHER, YOU HAPPEN TO BE IN THE POCKETS OF THE DEVELOPERS. WELL, THE DEVELOPMENT COMMUNITY IS WHAT'S DRIVING OUR ECONOMY TODAY, AND I CAN'T THINK OF A -- OF A COMMISSIONER UP HERE THAT HAS NOT RECEIVED A CONTRIBUTION FROM ANYONE IN THE DEVELOPMENT COMMUNITY, BUT DOES THAT MEAN YOU BUY MY VOTE? ABSOLUTELY NOT. DOES THAT MEAN YOU WILL HAVE ACCESS TO HAVE YOUR CONCERNS HEARD AND IN AN ENVIRONMENT LIKE THIS ADDRESSED? ABSOLUTELY. THE CITIZENS DO THE SAME THING. CITIZENS WHO DON'T HAVE -- WHO DON'T CONTRIBUTE BUT THEY'RE -- WE REPRESENT EVERYONE, AND THAT'S WHAT -- THAT'S WHAT OUR CHARGE IS. IT'S TO REPRESENT BIG, LITTLE, SMALL, IN BETWEEN, AND EVERYONE IN BETWEEN, AND THAT'S WHAT WE TRY TO DO AS -- AS COMMISSIONERS. I, AS AN INDIVIDUAL -- WE'RE RESPONSIBLE TO THE COMMUNITY WHO ELECT US AND TRUST US AND PUT US IN THIS POSITION. SOMETIMES WE HAVE TO DO WHAT'S UNPOPULAR TO GET TO THIS RESOLVE. YES, IT WAS VERY UNPOPULAR TO MAKE THAT MOTION TO DISSOLVE THE WETLANDS DIVISION, BUT IT GOT US TO THIS POINT WHERE IT GOT ALL OF US IN THE ROOM TOGETHER TALKING, AND HOPEFULLY BY THE END OF THE DAY THIS WILL BE A WONDERFUL, AMICABLE SOLUTION. EVERYBODY WON'T BE HAPPY, BUT THEY NEVER ARE, BUT HOPEFULLY WE WILL HAVE A PROGRAM OR A PLAN IMPLEMENTED AND IN PLACE THAT WILL AT LEAST -- THE MAJORITY WILL BE HAPPY, AND THAT'S ALL WE -- THAT'S THE BEST WE CAN DO, THE BEST FOR OUR COMMUNITY, THE BEST FOR OUR ENVIRONMENT, AND THE BEST FOR OUR COMMUNITY. THANK YOU. >>BRIAN BLAIR: THANK YOU, COMMISSIONER WHITE. COMMISSIONER NORMAN. >>JIM NORMAN: LET ME JUST SAY -- >>BRIAN BLAIR: AND THEN WE'LL GO TO PUBLIC COMMENT. >>JIM NORMAN: -- EVERYBODY IN THIS ROOM WANTS GOOD GOVERNMENT, I HOPE, AND I BELIEVE -- AND I DIDN'T SAY IT PROBABLY WELL ENOUGH. I BELIEVE THAT COMMISSIONER BLAIR GOT US TO THIS POINT, AND I BELIEVE A DECISION'S GOING TO BE MADE, AND IT MAKES BETTER GOVERNMENT. DR. GARRITY, MAYBE YOU AND I REALLY JUST DISAGREE ON HOW WE GOT HERE BECAUSE -- LET ME GO BACK AND SAY ONE MORE TIME AGAIN, THIS IS NOT A NEW AGENCY. YOU'VE BEEN HERE SINCE 2000. THERE'S 41 IDENTIFIED COMMENTS FROM COMMISSIONERS REQUESTING CHANGE OVER THE LAST -- SINCE 2004. A LOT OF THOSE INVOLVED THE AGRICULTURE COMMUNITY. YOUR COMMENTS JUST NOW IS YOU KNOW WHAT, YOU'VE LEARNED ABOUT IT,BEEN HERE SINCE 2000, AND YOU'VE -- JUST NOW YOU'VE LEARNED ABOUT IT. YOU KNOW WHAT? WE MIGHT NEED AN APPLICATION. YOU KNOW WHAT? IT'S ABOUT TIME WE NEEDED AN APPLICATION TO KNOW WHAT CRITERIA WAS ON FILING FOR AN APPLICATION. AND DEFINITIONS. SINCE 1980 WE'VE BEEN HERE AND WE DON'T HAVE DEFINITIONS? THAT'S WHY I GIVE COMPLEMENTS TO THE CHAIR AND REALLY COMMISSIONER WHITE FOR MAKING THAT BECAUSE WE'D HAVE NEVER GOT HERE. A LOT OF US DID SOME INTENSE STUDY ON THIS TO GET US TO THIS POINT, AND I DON'T KNOW HOW YOU DEFEND SAYING THAT, THAT YOU'VE NOW JUST LEARNED ABOUT IT. THAT, TO ME, IS A PROBLEM. >>BRIAN BLAIR: THANK YOU, COMMISSIONER NORMAN. RIGHT NOW WE WILL MOVE INTO PUBLIC COMMENT. EVERYBODY WILL HAVE THREE MINUTES. WE DO HAVE SPEAKERS ON THE 26th FLOOR, UNLESS DR. GARRITY OR OUR -- OUR GENERAL COUNSEL HAS ANY FURTHER COMMENTS. >>RICHARD TSCHANTZ: YES. >>RICK GARRITY: COMMISSIONER, I DO. >>BRIAN BLAIR: GO AHEAD. >>RICK GARRITY: COMMISSIONER NORMAN, I HAVE GREAT RESPECT FOR YOU, AND I WANT VERY HARD TO WORK WITH NEW A POSITIVE WAY, AND I INTEND TO DO THAT. I THINK YOU BROUGHT UP A LOT OF GOOD POINTS, AND I WILL SAY THAT TO YOU. I'LL ALSO SAY TO YOU THAT RUNNING A WETLANDS DIVISION IS TOUGH. IT'S TOUGH BECAUSE YOU'RE IN PEOPLE'S BACKYARDS, YOU'RE MAKING DECISIONS, REGULATORY DECISIONS ABOUT HOW THEY USE THEIR LAND. IT'S PROBABLY ONE OF THE TOUGHEST JOBS THAT I KNOW OF IN COUNTY GOVERNMENT. IT'S VERY DIFFICULT TO DO THAT, TO HAVE -- TO TELL SOMEBODY HOW THEY CAN USE THEIR LAND. THERE'S A THEORY OUT THERE THAT IF YOU HAVE RULES THAT ARE VERY FLEXIBLE WITH MAYBE LACK OF DEFINITION TO THEM -- THERE'S A THEORY THAT THAT'S GOOD, THAT THAT GIVES THE AGENCY MORE LEEWAY TO -- FOR INTERPRETATION AND THAT THE DEFINITION -- NOT HAVING A DEFINITION OF "REASONABLE USE" IS YOU JUST GO TO CASE LAW AND LOOK IT UP, AND THAT GIVES THE AGENCY MORE FLEXIBILITY. I GUESS THAT'S WHAT MAYBE THE BOARD IN 1985 WAS THINKING WHEN THEY ADOPTED THAT RULE. I DON'T KNOW. BUT I DO KNOW THAT THEY ADOPTED A VERY STRINGENT RULE AND THE WAY IT'S WRITTEN IS VERY STRINGENT. I KNOW THAT RICK TSCHANTZ AND I A COUPLE YEARS AGO WERE LOOKING AT THAT AND THINKING ABOUT HOW IT COULD BE IMPROVED. WE DIDN'T -- WE DIDN'T DO THIS IN TWO WEEKS, COMMISSIONER. WE HAVE -- WE'VE HAD IN OUR GOALS AND OBJECTIVES -- >>JIM NORMAN: [INAUDIBLE] >>RICK GARRITY: WELL, WE'VE HAD IN OUR GOALS AND OBJECTIVES FOR SEVERAL YEARS NOW THE CONCEPT OF IMPROVING THE WETLANDS PROGRAM AND THE WETLAND RULES. IT DIDN'T JUST HAPPEN. I'LL TELL YOU THAT I THINK HAVING A VERY STRINGENT WETLAND STANDARD WAS THE COMMUNITY STANDARD, TO HAVE THE RULE WRITTEN THE WAY IT IS 22 YEARS AGO. RIGHT NOW I -- I JUST TELL YOU THAT I THINK THE BEST WAY, THE MODERN WAY TO RUN AN AGENCY LIKE THIS IS TO HAVE DEFINITION TO IT, AND THAT'S WHAT I'M COMING BACK TO YOU AND TELLING YOU TODAY. I APOLOGIZE, COMMISSIONER, IF I DIDN'T DO IT SEVEN YEARS AGO WHEN I CAME ABOARD EPC. MAYBE I SHOULD HAVE, BUT I'M DOING IT NOW, AND THIS IS GOING TO BE A GOOD RULE FOR YOU TO BE PROUD OF AS THE BOARD, AND COMMISSIONER BLAIR, I THANK YOU FOR WORKING WITH US AND HELPING WITH THE SUGGESTIONS AND HELPING GET US TO THE POINT WHERE WE ARE TODAY. >>BRIAN BLAIR: YOU'RE VERY WELCOME, DR. GARRITY. >>RICHARD TSCHANTZ: COMMISSIONER BLAIR. >>BRIAN BLAIR: YES. >>RICHARD TSCHANTZ: I HAVE A POINT OF ORDER. >>BRIAN BLAIR: YES, SIR. >>RICHARD TSCHANTZ: WE DID A MOTION TO LAY ON THE TABLE ANOTHER MOTION. NEEDS A SECOND. IT CANNOT BE DEBATED, BUT IT NEEDS A SECOND AND A VOTE. >>KEVIN WHITE: THE TABLING? IS THAT TO TABLE THE MOTION? >>RICHARD TSCHANTZ: TO TABLE THE MOTION, NOT TO GET A SECOND OR VOTE. >>KEVIN WHITE: I'LL SECOND. >>BRIAN BLAIR: DOES THAT MEAN MY MOTION CAN'T BE HEARD? >>RICHARD TSCHANTZ: NO, IT MEANS IT COMES UP LATER. >>BRIAN BLAIR: OKAY. I JUST WANT TO MAKE SURE THAT THAT'S DONE. VERY GOOD. >>ROSE FERLITA: DO WE HAVE TO VOTE ON THAT, MR. TSCHANTZ? >>BRIAN BLAIR: NO. >>RICHARD TSCHANTZ: NEED A VOTE -- >>BRIAN BLAIR: WE DO? >>RICK TSCHANTZ: -- LAID ON THE TABLE. >>BRIAN BLAIR: OKAY. >>AL HIGGINBOTHAM: ALL IN FAVOR. >>RECORDING SECRETARY: MOTION CARRIED 6-0. >>AL HIGGINBOTHAM: THAT'S JUST TO TABLE IT. IT WILL BE HEARD LATER. THE GAVEL IS BACK TO YOU, MR. CHAIRMAN. >>BRIAN BLAIR: THANK YOU VERY MUCH. LET'S GO RIGHT TO THE 26th FLOOR AND CHECK OUT OUR TECHNOLOGY. WE'VE ONLY GOT FOUR SPEAKERS OR FIVE SPEAKERS UP THERE, AND WE'RE GOING TO START WITH JANET HITS -- HILTZ, AND LET ME JUST SAY THERE ARE -- PEOPLE HAVE WRITTEN THEIR NAMES ON -- ALL ACROSS DIFFERENT SHEETS. YOU'RE ONLY ALLOWED ONE BITE AT THE APPLE. PLEASE BE RESPECTFUL OF EVERYBODY THAT'S SPEAKING. I DON'T WANT TO HEAR ANY DEROGATORY REMARKS TO ANYBODY THAT SPEAKS, PLEASE. I EXPECT EVERYBODY TO BE COURTEOUS TO EACH OTHER. THANK YOU. JANET HITS ON THE 26th FLOOR. ARE YOU THERE? >> JANET HILTZ. >>BRIAN BLAIR: HILTZ, I'M SORRY. AND I KNOW YOU, JANET. I'M SORRY. SWEETHEART, FORGIVE ME. >> YES. WE LIVE AT THE END OF A DEAD-END ROAD ON THE CORNER OF ROCKY CREEK. WE HAVE PROBABLY -- WELL, WE HAVE ABOUT TWO AND TWO-THIRDS ACRES OF LAND. ROCKY CREEK'S ON ONE SIDE AND THE WOODS AND PUBLIC LAND, HILLSBOROUGH COUNTY LAND, BEHIND US. WE LIVE ON A DIRT ROAD. FRONT HALF OF IT IS PAVED. ABOUT TWO-THIRDS IS A POND, AND ON THE OTHER SIDE IS A DRAINAGE DITCH FROM THE REST OF THE PLACE. NOW, THAT MIGHT NOT SOUND VERY GOOD, BUT WE HAVE LOTS OF BIRDS THAT COME IN THERE, A LOT OF WATER BIRDS. WE LOVE THE WETLANDS. WE DON'T WANT TO SEE ANY OF THEM DESTROYED. I KNOW SEVERAL OF YOU PROBABLY KNOW ME PRETTY WELL. I'VE BEEN DOWN HERE QUITE A FEW TIMES, AND I REALLY DON'T WANT THE WETLANDS DESTROYED, AND I HOPE YOU TAKE THAT INTO ACCOUNT, PLEASE. >>BRIAN BLAIR: THANK YOU SO MUCH, MS. HILTZ. MATTHEW McCULLAGH. IT'S HARD TO SEE UP THERE. IS MATTHEW COMING TO THE PODIUM? THERE HE IS. OKAY. >> HI, HOW YOU DOING? >>BRIAN BLAIR: FINE. HOW ARE YOU? >> GOOD. THANK YOU FOR ALLOWING ME TO SPEAK BRIEFLY. >>BRIAN BLAIR: SURE. >> I JUST WANTED TO EXPRESS MY OPINION. I WAS BORN AND RAISED IN TAMPA, FLORIDA. I'VE LIVED IN HILLSBOROUGH COUNTY PRETTY MUCH MY ENTIRE LIFE, AND CONSERVATION OF THE ENVIRONMENT, ESPECIALLY AS POPULATION CONTINUES TO GROW AND THERE'S MORE DEVELOPMENT - - WHICH IS NOT NECESSARILY A BAD THING, IT'S A GOOD THING IN A LOT OF WAYS -- YOU KNOW, IT'S IMPORTANT MAKING SURE OUR CONSERVATION EFFORTS ARE WELL STRATEGIZED, AND GETTING RID OF THIS COMMISSION SEEMS TO BE PERHAPS A BIT OF A RECKLESS RESPONSE TO MAYBE SOME OF THE PROBLEMS THAT WE'RE DEALING WITH. SO NOT -- MAYBE -- PERHAPS I'M NOT AS EDUCATED ON ALL OF THE DETAILS AS, YOU KNOW, YOU GUYS WHO ARE ANALYZING IT MUCH CLOSER. I'D JUST LIKE TO SAY THAT I THINK HAVING THE -- YOU KNOW, HAVING MULTIPLE CHECKS AND BALANCES AND HAVING TO GO THROUGH MULTIPLE STEPS IN REGARD TO SOMETHING AS IMPORTANT AS ENVIRONMENT, IT MAY BE BURDENSOME AND MAY COST A LITTLE BIT OF MONEY, BUT I THINK IN THE LONG RUN IT'S SOMETHING THAT IS WORTH HAVING, AND IF WE CAN MAKE MODIFICATIONS TO THE CURRENT SYSTEM, YOU KNOW, KEEP THOSE CHECKS AND BALANCES BUT MAKE IT FASTER, THAT'S THE IDEAL. THAT'S WHERE I STAND ON IT. GETTING RID OF THE COMMISSION FROM MY PERSPECTIVE AND MY FAMILY'S PERSPECTIVE IS A NEGATIVE THING. I'D LIKE YOU TO KNOW THAT, AND THANK YOU VERY MUCH FOR YOUR TIME. >>BRIAN BLAIR: THANK YOU, MR. McCULLAGH. JAMES HARVEY. >> YES. MY NAME IS JAMES HARVEY, 2226 GREENWICH DRIVE, SUN CITY CENTER, AND I'D LIKE TO MAKE VERY BRIEF POINTS. THE FIRST IS VALUE OF WETLANDS. FROM MY PERSONAL PERSPECTIVE, THE MORE THE BETTER. I UNDERSTAND PEOPLE WHO OWN PROPERTY WHO WANT TO MAKE SOME CHANGES ALSO HAVE RIGHTS, AND I THINK OF WE'VE HAD THAT DISCUSSION THIS MORNING. MY SECOND QUESTION IS DO WE NEED EPC? I THINK WE NEED IT FOR THE SAME REASON WE NEED ALL LOCAL GOVERNMENT, THAT PEOPLE FROM A DISTANCE DON'T KNOW THINGS AS WELL AS PEOPLE WHO ARE UP CLOSE TO, AND THEY CAN SERVE AS THE EYES AND EARS TO COORDINATE WITH OTHER STATE AND FEDERAL AGENCIES. THIRDLY, I DO THINK IT NEEDS TO BE FAIR, ALTHOUGH, AGAIN, I'M ON THE SIDE MORE WETLANDS THE BETTER. I HAVE TO, YOU KNOW, RECOGNIZE THERE'S ANOTHER POINT OF VIEW. AND THE TIME POINT IS CAN WE AFFORD THE EPC AT 1.7 MILLION? AND I GUESS THIS REALLY WASN'T AN ISSUE. IT LOOKS LIKE THE ISSUE REALLY WAS OF FAIRNESS TO THE OTHER PARTIES CONCERNED, BUT, YOU KNOW, TO ADDRESS THAT, IT IS A RELATIVELY SMALL BUDGET. SOME OTHERS. RATHER THAN ELIMINATE SOME SMALL BUDGET ITEMS ENTIRELY, I THINK IT WOULD BE BETTER TO JUST SQUEEZE SOME OF THE LARGER PROGRAMS, DEFER SOME MAINTENANCE AND THAT SORT OF THING RATHER THAN COMPLETELY ELIMINATE AN ORGANIZATION, WHICH WOULD BE VERY COSTLY AND DIFFICULT TO REBUILD IN THE FUTURE. THANK YOU. [APPLAUSE] >>BRIAN BLAIR: THANK YOU VERY MUCH, MR. HARVEY. MARK WALDBAUM. MARK WALDBAUM. IS HE COMING? >> HE LEFT. >>BRIAN BLAIR: BILL BAILEY. THAT'S ALL I HAVE ON THE 26th FLOOR. >> [INAUDIBLE] >>BRIAN BLAIR: WE'VE GOT MORE? WE'LL GO FROM HERE. I HAD MARK 26th FLOOR. I GET THESE SHEETS, AS YOU CAN SEE RIGHT HERE, AND THERE'S TWO OF THEM THAT HAVE 26th FLOOR WRITTEN ON THEM. SO OBVIOUSLY THERE'S SOME CONFUSION. MR. BAILEY, PLEASE FEEL FREE TO SPEAK UP. >> GOOD MORNING. MY NAME'S WILLIAM BAILEY, AND I'M A HOMEOWNER HERE IN HILLSBOROUGH COUNTY, AND I'VE HAD SOME FIRSTHAND EXPERIENCES WITH THE EPC. MY PROPERTY WENT UNDER WATER ABOUT TWO YEARS AGO, AND AS YOU CAN SEE, I'VE HAD THE TAMPA TRIBUNE HERE, OF PICTURES OF MY PROPERTY WITH THOUSANDS OF CATTAILS ON THERE, AND THEY COME OUT WITH 10 AND 12 ENGINEERS TELLING ME HOW MY PROPERTY IS GOING TO BE SOFT, AND TODAY, AS YOU CAN SEE, I'M STILL FIGHTING THIS WITH $50,000 I'VE SPENT ON MY PROPERTY, AND THE EPC, THEY TELL ME THAT EVERYTHING'S OKAY, THEY'RE GOING TO PUT DRAINS UNDER ROADS. THIS HAS BEEN TWO YEARS NOW. I HAVE NO KIND OF FOLLOW-UPS. I HAVE WORKED SEVEN DAYS A WEEK FOR TWO YEARS. I'VE PAID MORTGAGES, AND I NOW GET TO MOVE IN MY HOUSE FOUR MONTHS AGO BECAUSE WE'VE BEEN IN A DRY SPOUT. BUT NOW THAT THE RAIN HAS STARTED BACK, MY PROPERTY IS NOW TAKING ON WATER AGAIN, AND I CAN'T GET A FOLLOW-UP. I'VE MADE 5,000 PHONE CALLS, AND I CAN'T GET NO RESPONSE. SO WHAT IS THE EPC DOING FOR US SMALL GUYS? WHAT ARE THEY DOING FOR ME? THEY'RE NOT EVEN COMING TO GIVE ME A FOLLOW-UP. THEY'RE NOT TRYING TO HELP ME. I'M STUCK BY MYSELF WITH TWO MORTGAGES, AND I'M GETTING NO HELP. I'M STILL GETTING WATER. I HAVE A WETLAND NEXT DOOR. IT'S THE MOST BEAUTIFUL THING IN THE WORLD, BUT IT IS EATING MY PROPERTY UP. WHAT AM I SUPPOSED TO DO? THANK YOU FOR LETTING ME MAKE MY COMMENT, FOLKS. YOU-ALL HAVE A WONDERFUL DAY. >>BRIAN BLAIR: MR. BAILEY, I THANK YOU, AND I'D LIKE TO REFER THAT OVER TO YOU, MR. GARRITY. >>RICK GARRITY: YES, COMMISSIONER. WE'LL TRY TO GET MR. BAILEY AN ANSWER RIGHT AWAY. >>BRIAN BLAIR: THANK YOU VERY MUCH. THE NEXT PERSON I HAVE TO SPEAK IS DAVID STORCK. >> YES. GOOD MORNING, COMMISSIONERS, AND THANK YOU FOR BEING -- FOR ALLOWING US TO SPEAK THIS MORNING. I'VE BROUGHT MY LITTLE BUMPER STICKER, AND FOR THOSE IN THE AUDIENCE, IT SAYS "FARMERS WERE THE FIRST ENVIRONMENTALISTS." MY FAMILY HAS FARMED IN ILLINOIS SINCE THE 1865, MY GRANDFATHER FARMED -- WAS A CHARTER MEMBER OF THE FARM BUREAU IN ILLINOIS IN 1923, AND SO WE HAVE -- WE KNOW THE IMPORTANCE OF THE ENVIRONMENT AND ON FARMING. I'M JUST COMING THIS MORNING TO ADDRESS THE FACT THAT I DO AGREE WITH THE HYBRID THAT YOU'VE PROPOSED. I THINK IT'S VERY IMPORTANT, BUT AGRICULTURE -- EVERYBODY'S GOING TO GO EAT LUNCH HERE IN ABOUT AN HOUR, AND WHILE THEY'RE EATING LUNCH, THEY NEED TO THINK ABOUT IT, WHERE THAT FOOD CAME FROM, BECAUSE IT CAME FROM AGRICULTURE, BUT UNDER THE CURRENT RULES -- AND I GUESS THAT'S ONE OF THE THINGS THAT IS MOST DISTURBING -- IT SEEMS TO ME THAT THE EPC RULES WERE WRITTEN AS WE WENT. THE REASONABLE RULE WAS WELL, WHAT'S THE RULE? WE DON'T KNOW. THEY MIGHT WRITE ONE RULE TODAY AND TOMORROW IT'S A DIFFERENT RULE, SO I THINK CLARITY AND CONSISTENCY IS GOING TO BE VERY IMPORTANT GOING FORWARD. BUT IF THEY DON'T DO SOMETHING TO PROTECT THE FARMERS AND THE FARMLAND, THEN OUR FOOD IS GOING TO COME FROM OVERSEAS JUST AS OUR OIL HAS, AND IF YOU THINK YOU DON'T LIKE PAYING 2.50 OR $3 A GALLON FOR GASOLINE, HOW ABOUT $10 A POUND FOR A POUND OF BACON, YOU KNOW, SO THINK ABOUT THAT, PLEASE, AND FARMERS ARE NOT OUT THERE TO DESTROY THIS ENVIRONMENT. THEY WERE THE FIRST ENVIRONMENTALISTS. SECONDLY, I WANT TO APOLOGIZE FOR HUMANITY, MR. BLAIR, FOR THE ACTIONS THAT'S BEEN TAKEN UPON YOUR HOME AND YOUR FAMILY. IF ANYTHING, WE NEED TO WORK TOGETHER TO COME UP WITH COMPROMISES, AND ANARCHY IS NOT AN ANSWER, AND WHAT THEY'VE DONE TO YOUR HOME AND THE THREATS THEY'VE MADE TO YOUR FAMILY IS UNCONSCIONABLE, AND I APOLOGIZE ON BEHALF OF HUMANITY FOR THAT. THANK YOU FOR YOUR TIME, AND APPRECIATE ALL OF YOU. THANK YOU. >>BRIAN BLAIR: THANK YOU VERY MUCH, MR. STORCK. [APPLAUSE] TERRY FLOTT. >> I DIDN'T EXPECT TO BE CALLED THAT QUICK. I'D LIKE TO RESPOND TO A COUPLE OF THINGS I'VE HEARD UP HERE. COMMISSIONER WHITE, YOU MENTIONED THAT YOU'RE ACCESSIBLE TO EVERYBODY. I, AS WELL AS MANY OTHER PEOPLE HERE, HAVE ATTEMPTED ON NUMEROUS OCCASIONS TO GET AN APPOINTMENT WITH YOU, AND WE'VE BEEN DENIED THAT ACCESS, SO PERHAPS YOU COULD TALK TO YOUR STAFF ABOUT THAT. THE SAME GOES FOR A COUPLE OTHER COMMISSIONERS IN HERE. WE'VE TRIED TO GET APPOINTMENTS WITH COMMISSIONER NORMAN'S OFFICE AND COMMISSIONER BLAIR'S OFFICE, AND WE WERE NOT ABLE TO GET THOSE APPOINTMENTS. I APPRECIATE THE COMMENTS, THOUGH, AND WOULD LIKE TO JUST CLARIFY THAT. GOOD GOVERNMENT IS ALSO EQUAL AND FAIR GOVERNMENT, SO THAT ACCESS IS IMPORTANT, AND I HOPE YOU WILL REMEMBER THAT. YOU TALKED ABOUT SOME ISSUES REGARDING THE NUMBER OF TIMES THAT YOU'VE REQUESTED THINGS TO BE DONE OR CHANGES TO BE MADE. OBVIOUSLY LONG BEFORE MY TIME HERE. IT SOUNDS LIKE WE HAVE A MANAGEMENT PROBLEM RATHER THAN PERHAPS A STAFF PROBLEM. I WOULDN'T HAVE LET IT GONE ON THAT LONG IF IT'S BEEN GOING ON ALL THESE YEARS. ALSO, THERE'S A LOT TO LOSE IN THIS, AND I HOPE YOU ALL CONSIDER THIS VERY CAREFULLY, AND -- OH, LET ME JUST TELL YOU THIS. I DID DO SOME RESEARCH AS WELL. I'VE BEEN VERY, VERY BUSY FOR THE LAST SEVERAL MONTHS WITH THIS MYSELF, AND I -- WE TOOK SOME EXCERPTS OUT OF THE CLOSED CAPTIONING OVER ALL THE LAST MEETINGS, AND JUST IN THE LAST MEETING, THERE WERE MULTIPLE REPORTS ASKED, MULTIPLE REQUESTS MADE OF DR. GARRITY AND HIS STAFF, AND NOT ONCE WAS HE ABLE OR THE STAFF WAS NOT ABLE TO PROVIDE THOSE REPORTS AND GIVE THEM. THERE'S BEEN NO -- THERE'S BEEN NOTHING THAT I'VE SEEN -- AND I'VE REQUESTED IT REPEATEDLY -- TO SEE WHERE THE DUPLICATION -- WHERE EVERYBODY WAS SAYING THE DUPLICATION WAS. WE ON THE OTHER HAND -- YOU CAN -- DID OUR HOMEWORK. YOU RECEIVED A PACKET THE LAST TIME. I DON'T KNOW IF YOU READ IT OR NOT. THERE'S THE SAME PACKET BEFORE YOU TODAY WITH SOME AMENDMENTS IN IT SO THAT YOU CAN SEE THAT WE'RE NOT JUST UP HERE TALKING FOR NO GOOD REASON. WE HAVE CONCERNS. ONE THING THAT IS VERY CRITICAL AND I THINK NEEDS TO BE KNOWN TO THE PUBLIC IS THAT IF WE LOSE THE WETLANDS DIVISION, WE LOSE THE POLLUTION RECOVERY FUNDS. POLLUTION RECOVERY FUNDS WILL HAVE A RESIDUAL CONSEQUENTIAL EFFECT ON OTHER DEPARTMENTS WITHIN EPC, AND WE WILL LOSE THE FUNDS THAT PROVIDE THE OPPORTUNITY TO CORRECT PROBLEMS THAT HAVE BEEN MADE BY MISDEVELOPMENT. SO I HOPE YOU -- >>BRIAN BLAIR: THANK YOU, MS. FLOTT. >> OKAY. I HOPE YOU WOULD TAKE ALL THIS INTO CONSIDERATION. I WANT TO SUBMIT THIS PACKET OF INFORMATION FOR YOU SO IT WILL BE ON THE RECORD. >>BRIAN BLAIR: THANK YOU VERY MUCH, MS. FLOTT. [APPLAUSE] I'VE GOT ROY DAVIS, DENISE LAYNE, AND CLAY -- I'M SORRY, I CAN'T READ THE LAST NAME -- KABLONG. FORGIVE ME. I'LL START CALLING THREE AT A TIME. MR. DAVIS. >> GOOD MORNING, COMMISSIONERS. MY NAME IS ROY DAVIS. I LIVE ON McINTOSH ROAD. I'VE BEEN A FARMER MOST OF MY LIFE, SINCE I GOT OUT OF THE AIR FORCE. MY FARMING OPERATION IS A NURSERY, WHICH IS AN ENVIRONMENTAL ENHANCEMENT. THAT'S OUR BUSINESS. WE HAVE DEALT WITH THE EPC FOR A NUMBER OF YEARS. MANY OF THE THINGS THAT HAVE BEEN SAID BY COMMISSION MEMBERS ARE TRUE -- OR HAVE BEEN TRUE IN THE PAST. IT IS MY HOPE THAT THEY ARE NOT NOW TRUE AS OF TODAY AND THAT THEY WILL NOT BE TRUE IN THE FUTURE, AND THAT I THINK IS WHY WE ARE HERE, AND THAT'S WHY WE FARMERS HAVE SAT WITH DR. GARRITY, WE HAVE SAT WITH SEVERAL OF THE COMMISSIONERS, ONE AT A TIME, OF COURSE, AND DISCUSSED THESE ISSUES. I CAN TELL YOU THIS: IT WAS SAID IN A MEETING THE OTHER DAY THAT WE MUST PROTECT ALL OF OUR WETLANDS, SMALL AND LARGE, BECAUSE OF THE BIRD LIFE, AND THAT'S TRUE, BUT IT'S THE FARMER THAT'S GOING TO PROTECT IT, IT'S NOT THE DEVELOPER, IT'S NOT ANYBODY ELSE, IT'S NOT THE MEMBERS OF THIS COMMISSION, IT IS AGRICULTURAL PEOPLE AND LANDOWNERS WHO ARE GOING TO PROTECT THESE WETLANDS AND THEREBY GIVE OUR BIRD LIFE A CHANCE TO LIVE IN THE FUTURE, AND IF WE DO NOT PROTECT OUR FARMER BY MAKING OUR REGULATORY SYSTEM SO THAT THE FARMER CAN CONTINUE TO EXIST, THEN WE WILL NOT BE THERE. AND THIS IS CRASH SYSTEM. ONCE THE PLANE CRASHES, YOU CAN'T SAY WE SHOULD HAVE FIXED THAT ENGINE BEFORE THAT THING WENT OFF. YOU CAN SAY THAT, OF COURSE, BUT IT DOESN'T HELP THE 692 PEOPLE THAT HAPPENED TO HAVE BEEN ABOARD THE AIRPLANE, AND FARMERS ARE GOING TO BE THE SAME WAY. IF YOU DON'T PROTECT US NOW AND -- AND MAKE THESE REGULATIONS SO THAT WE CAN LIVE WITH THEM AND CAN CONTINUE TO PROTECT YOUR ENVIRONMENT AND YOUR WETLANDS AND OUR WETLANDS AND YOUR BIRD LIFE AND YOUR WILDLIFE, THEN WE WON'T BE THERE, AND WE BELIEVE THAT DR. GARRITY AND HIS STAFF ARE ABSOLUTELY SINCERE ABOUT THIS EFFORT TODAY. WHETHER THEY WERE TWO WEEKS AGO OR TWO YEARS AGO I DON'T THINK IS NOW IMPORTANT BECAUSE WE'RE GOING TO START TODAY AND MOVE FORWARD, AND WE DO BELIEVE THAT WE CAN SUPPORT THIS HYBRID RULE WITH THE RESERVATION THAT IT'LL BE REVIEWED AGAIN IN A YEAR, AND WE NEED ALL THEN TO BE SATISFIED THAT IT IS MAKING SIGNIFICANT PROGRESS IN THE RIGHT DIRECTION AT THAT TIME. THANK YOU FOR YOUR TIME. [APPLAUSE] >>BRIAN BLAIR: THANK YOU, MR. DAVIS, VERY MUCH. DENISE LAYNE, CLAY COLSON, AND MARIELLA OSTEEN. >> GOOD MORNING, AGAIN, COMMISSIONERS. DENISE LAYNE. I'M GOING TO TALK VERY QUICK. I HAVE A LOT TO PUT ON THE RECORD. FIRST OF ALL, EXECUTIVE DIRECTOR COALITION FOR RESPONSIBLE GROWTH. WE ARE TAXPAYING COMMUNITY LEADERS, DEVELOPMENT REPRESENTATIVES, ENVIRONMENTALISTS, AND BUSINESS INDUSTRY, INCLUDING THE AG COMMUNITY. WE DO -- I'VE ALWAYS, ALWAYS THOUGHT OUR FARMERS WERE TRYING THEIR DARNDEST. BMPs, BEST MANAGEMENT PRACTICES, HAVE BEEN ADOPTED AT THE STATE LEVEL. ABSOLUTELY WE SHOULD HAVE THEM AT THE LOCAL LEVEL, ABSOLUTELY. NOT A PROBLEM. YOUR AMENDMENT TO THE RULE -- THE AMENDMENT TO THE RULE 1- 11 AS YOU SEE IT IS ACTUALLY NOT A BAD THING. WE CAN SUPPORT WHAT WE SEE UP THERE. YOU PUT ONE MORE AMENDMENT ON THAT COMING OUT OF NOWHERE, IF YOU WEAKEN, OR IF YOU ELIMINATE PROTECTION, YOU WILL HAVE VIOLATED AT LEAST THE FOLLOWING LAWS. FEDERAL, CLEAN WATER ACT; NATIONAL, ENVIRONMENTAL POLICY ACT; STATE, CHAPTER 163, CHAPTER 373, CHAPTER 403; LOCAL, HUNDREDS OF COMPREHENSIVE PLANS IN FOUR JURISDICTIONS OF GOALS, OBJECTIVES, AND POLICIES; HUNDREDS OF VIOLATIONS IN LAND DEVELOPMENT CODE IN HILLSBOROUGH COUNTY, TAMPA, CITY - - TEMPLE TERRACE, AND PLANT CITY. YOU'RE GOING TO HAVE TO REVISE ALL YOUR ORDINANCES AND RESOLUTIONS PERTAINING TO STORMWATER, WELLHEAD PROTECTION, POTABLE WATER, MARINE ACTIVITIES, PORT OF TAMPA, SANITARY SEWAGE, TRANSPORTATION, COASTAL MANAGEMENT, RECREATION AND OPEN SPACE, SOLID WASTE, JUST TO NAME A FEW, AND ABSOLUTELY I HAVE BEEN SAYING ALL ALONG, YOU ARE VIOLATING OUR SPECIAL ACT BY YOUR BEHAVIOR AND NOT PROTECTING THIS AGENCY. I HAVE SAID MISFEASANCE, MALFEASANCE, NEGLECT OF DUTY. I'M SAYING IT AGAIN. HYBRID PROPOSAL, UNTOUCHED AS WE SEE IT, THERE'S DANGER IN IT, BUT THE AMENDMENT YOU'RE VOTING ON TODAY IS THE RULE AND THE LAW. IT'S OKAY. DON'T TOUCH IT. THE HYBRID HAS DANGEROUS POTHOLES IN IT. WE'RE GOING TO WORK WITH IT, BUT IT'S SOMETHING THAT GETS US ON THE RIGHT TRACK. HERE'S OUR REQUEST. YOU VOTE NO ON ELIMINATING RULE 1-11 AND 1-14, YOU TAKE NO ACTION ACTUALLY ON THIS RULE 1-11 AMENDMENT BECAUSE WE NEED AN INDEPENDENT THIRD-PARTY REVIEW, NOT YOUR AT-YOUR-BECK- AND-CALL INDEPENDENT AUDITOR SITTING UNDER YOUR THUMB, NOT SWFWMD WHO DOESN'T WANT TO GIVE DELEGATION. I MEAN INDEPENDENT THIRD-PARTY LET'S LOOK AND GET TO THE TRUTH. COMMISSIONER NORMAN, SORRY, BUDDY. 41 REQUESTS TO FIX THE PROCESS. IT WAS THE SUBDIVISION PROCESS. TWO YEARS AGO I SAT ON THAT COMMITTEE. I SAT WITH THE DEVELOPMENT INDUSTRY, 30, 40 OF US. GET THE MINUTES. I'M HEREBY PLACING THOSE MINUTES AND MATERIALS ON THE RECORD TO SHOW YOU WHAT THE PROBLEM WAS. IT WAS THE STORMWATER DIVISION. WHERE WAS THE PROBLEM? WHERE WAS ALL THE COMPLAINTS IN THAT ROOM? STORMWATER, STORMWATER, STORMWATER, STORMWATER. THANK YOU. >>BRIAN BLAIR: THANK YOU, MS. LAYNE. ATTORNEY -- >> ON THE RECORD, LEGAL DOCUMENTS. THANK YOU. [APPLAUSE] >>BRIAN BLAIR: THANK YOU VERY MUCH. WE HAVE CLAY COLSON, THEN MARIELLA OSTEEN AND KERMIT OSTEEN. ATTORNEY TSCHANTZ, DID YOU CARE TO OPINE ON THOSE STATUTES? I'M JUST KIDDING. >>RICHARD TSCHANTZ: THANK YOU. [LAUGHTER] OKAY. CLAY COLSON. NO? OKAY. MARIELLA OSTEEN AND KERMIT OSTEEN. >> THAT'S MARCELLA OSTEEN. >>BRIAN BLAIR: I'M SORRY. >> MARIELLA IS THE SLIM ONE OVER THERE, THE BLOND. THAT'S NOT ME. >>BRIAN BLAIR: WELL, YOU'RE A VERY PRETTY LADY TOO. >> THANK YOU. THERE'S SO MUCH RICH MEAT HERE, I HARDLY KNOW WHICH WAY TO JUMP, BUT I WILL MAKE AN ANALOGY ON THE HYBRID. THE FARMERS IN THE AUDIENCE WILL APPRECIATE THIS. A HYBRID TOMATO, BETTER, BETTER, BETTER BOY. YES, IT GOES TO THE MARKET; YES, IT CAN SHIP; LIKE A BOWLING BALL, IT'S HARD. IT CAN GO TO THE GROCERY STORE, IT GETS RED, BUT WHEN WE GO TO BUY IT, IT DOESN'T TASTE LIKE A GOOD OLD-FASHIONED TOMATO, EVEN THOUGH IT'S A HYBRID AND IT CAN GET TO THE MARKET. MY POINT IS THE HYBRID MAY NOT CUT IT. YOU GOT THINGS THAT I CAN SEE WRONG WITH IT. WHEN YOU GET STAKEHOLDERS INVOLVED -- AT FIRST WE WERE TALKING ABOUT HAVING A SCIENCE-ONLY COMMITTEE. NOW IT'S OPEN TO STAKEHOLDERS. NOT A GOOD IDEA. I COULD BE A STAKEHOLDER. WHAT DO I KNOW? DEVELOPMENT INDUSTRY ARE STAKEHOLDERS, THEY COME IN AND THEY'RE GOING TO PUSH, PUSH, PUSH. BAD IDEA. YOU'VE ELIMINATED $300,000 FROM THE FULL-TIME -- PRIVATE FULL-TIME EMPLOYEES. THEY WERE GOOD EMPLOYEES. THEY HAD THE GUTS, THEY HAD THE VIGOR TO DO THEIR JOB WELL. THEY HAD THE GUTS TO PUSH BACK AND SAY NO ON PROJECTS. THAT'S WHY THEY'RE GOING TO BE GONE. BAD IDEA. THE SPINNING I'VE HEARD FROM THIS BOARD IS AMAZING, THE ONE I'VE HEARD TODAY. NOW, I KNEW THAT EVENTUALLY YOU GUYS WOULD CHANGE YOUR VOTE BECAUSE IT WOULD BE POLITICAL SUICIDE NOT TO. THAT'S THE REALITY OF THIS DAY RIGHT HERE TODAY. NOW, YOU'RE GOING TO CHANGE YOUR VOTE, THAT'S OBVIOUS, BUT THE SPINNING I CANNOT STOMACH. IT DOES MAKE ME REGURGITATE, AND I'M USING THE DICTIONARY WORD, THE SPINNING, DISINGENUOUS. WASHINGTON, D.C., COULD COME DOWN HERE AND GET THIS VIDEO AND TAKE A LESSON IN SPINNING. QUOTE FROM MR. NORMAN, BAD PROJECTS DON'T GET IN THE SYSTEM. DID I HEAR RIGHT? I'M 58 YEARS OLD, AND I'M KIND OF HARD OF HEARING, BUT I THINK I HEARD THAT RIGHT. LET ME TELL YOU, CITRUS CREEK -- CYPRESS CREEK, LITTLE HARBOR, LAKE HUTTO, RIVERTON, RZ 05-1636. IT'S IN ITS FIFTH RELIEF HEARING. DON'T TELL ME BAD PROJECTS DON'T GET IN THE SYSTEM. THE POSITION YOU'RE IN, YOU PUT YOURSELF IN THIS POSITION BECAUSE ON A SINGLE DAY -- AND YES, I REMEMBER THAT SINGLE DAY -- YOU -- YOU MADE THE MOTION, MR. WHITE, AND THE FOUR OTHERS VOTED TO ELIMINATE THIS DIVISION, NOT TO CONSIDER IT, TO ELIMINATE IT. IT WAS A TECHNICAL THING THAT MR. TSCHANTZ BROUGHT UP THAT PREVENTED THAT FROM HAPPENING. IF HE HADN'T BROUGHT THAT UP, IT WOULD BE GONE AND WE WOULDN'T BE SITTING HERE. DON'T TELL ME OTHERWISE. [APPLAUSE] DO NOT -- DO NOT INSULT MY INTELLIGENCE. I KNOW WHAT SPINNING IS WHEN I SEE IT. I'VE SEEN IT IN MOVIES, I'VE SEEN IT ON TV, BUT I'VE NEVER SEEN IT MORE THAN TODAY. DON'T INSULT OUR INTELLIGENCE. [CHEERS AND APPLAUSE] >>BRIAN BLAIR: THANK YOU, MS. OSTEEN. I'VE GOT KERMIT OSTEEN, MARIELLA SMITH, AND LISA RODRIGUEZ. KERMIT. IS KERMIT -- GOING ONCE, TWICE. OKAY. MARIELLA SMITH. HELLO, MARIELLA. >> HI, I'M MARIELLA, THAT WAS MARCELLA, AND BOY, IS SHE A HARD ACT TO FOLLOW. THIS IS NOT THE RIGHT WAY TO GO ABOUT GOING CHANGING OUR WETLAND REGULATIONS. YOU'VE THREATENED WITH US WITH ELIMINATION OF OUR WETLANDS PROTECTION AND FORCED DR. GARRITY TO COME UP WITH A COMPROMISE TOO QUICKLY UNDER ENORMOUS PRESSURE. THE HYBRID HAS BEEN CHANGING DAILY, AND WE HAVE NOT HAD ANY PUBLIC DISCOURSE ABOUT THE DETAILS AND RAMIFICATIONS BECAUSE WE'VE BEEN TOO BUSY WRESTLING WITH THE LIFE OR DEATH OF THE DIVISION. SOME OF THE HYBRID IS FINE BUT SOME IS NOT. CRIPPLING STAFF AND BUDGET CUTS BEYOND -- BEYOND WHAT THE COUNTY -- WHAT ALL THE OTHER DEPARTMENTS ARE DOING AND BEYOND WHAT THIS DEPARTMENT ALREADY DID TO MEET OUR BUDGET, MORE STAFF AND BUDGET CUTS, MORE WETLANDS DAMAGE, MORE MITIGATION, AND LESS PRESERVATION. I WAS PREPARED TO COME AND SUPPORT THE PRELIMINARY HYBRID AMENDMENTS YOU HAVE IN FRONT OF YOU TODAY WHILE ASKING YOU TO REFRAIN FROM ANY FURTHER ACTION TOWARD THE REST OF THE HYBRID UNTIL WE ALL HAD TIME TO WORK TOGETHER ON IT, BUT THEN THE AMENDMENTS IN FRONT OF YOU TODAY WERE CHANGED AGAIN. ONLY THREE DAYS AGO -- OPENING UP NEW LOOPHOLES -- I CAN'T SUPPORT -- THIS IS ALL MOVING TOO FAST FOR INTELLIGENT DISCUSSION. IT LOOKS LIKE IT'S BEING RAMMED THROUGH. TODAY, INSTEAD OF CHOOSING BETWEEN TOTAL ELIMINATION OR HASTY COMPROMISE, PLEASE TAKE A MORE MEASURED COURSE. FIRST, PLEASE TAKE THE THREAT OF ELIMINATION OFF THE TABLE. IT'S YOUR PRECIPITOUS VOTE TO ELIMINATE THE DIVISION WHICH HAS ANGERED THE PUBLIC AND BROUGHT US TO THIS MESS. STOP SHOUTING "OFF WITH THEIR HEADS" AND GIVE US ALL TIME TO WORK TOGETHER CALMLY ON ANY CHANGES TO THE WETLAND RULE WHICH HAS SERVED US SO WELL FOR SO LONG. YOU -- IF YOU WOULD INVOLVE THE WHOLE PUBLIC IN A SENSIBLE PROCESS, I THINK MOST OF US COULD AGREE TO THIS: MAKE THE PERMITTING PROCESS MORE EFFICIENT, MAKE IT SIMPLER FOR DEVELOPERS AND CHEAPER FOR TAXPAYERS WHEREVER WE CAN WITHOUT WEAKENING OUR WETLANDS PROTECTION. LET'S CONSIDER STRENGTHENING OUR PROTECTIONS IN SOME WAYS. WHY IS ALL THE TALK ABOUT LOWERING OUR STANDARDS? YOUR RESPONSIBILITY AS OUR ENVIRONMENTAL PROTECTION COMMISSION IS TO UPHOLD OUR STANDARDS, NOT LOWER OUR STANDARDS, AND WE NEED TIME TO WORK ON SOME OF THE LAST- MINUTE LOOPHOLES THAT ARE JUST COMING OUT IN THE LAST FEW DAYS. THE AG EXEMPTION FOR A QUARTER ACRE ALLOWS A FARMER TO FILL WETLANDS. WHAT IF THE FARMER SELLS THE PROPERTY NEXT WEEK TO A DEVELOPER. THE DEVELOPER GETS FILLED WETLANDS HE WOULDN'T HAVE GOTTEN IF IT WAS A DEVELOPER. MAYBE THAT RULE SHOULD BE REWRITTEN TO PUT IN SOME TIME FRAME. ALL OF THIS IS GOING TOO FAST TO REALLY INSPECT, AND WE ALSO HAVE AN EXEMPTION ON THE RULE YOU HAVE IN FRONT OF YOU TODAY THAT SAYS IF EPC DOESN'T SEE -- IF THEY SEE A PROBLEM COMING, THEY CAN'T PREVENT IT UNTIL IT HAPPENS. THAT'S IN 1-11.10(3)(B), AND -- >>BRIAN BLAIR: THANK YOU VERY MUCH. >> [INAUDIBLE] THANK YOU. [APPLAUSE] >>BRIAN BLAIR: LISA RODRIGUEZ, MARK NASH, AND NANCY O'CONNOR. >>ROSE FERLITA: MR. CHAIRMAN, MR. CHAIRMAN, I'VE GOT THE LIGHT ON. I WONDER IF I CAN ASK A QUESTION. >>BRIAN BLAIR: MS. FERLITA. >>ROSE FERLITA: OKAY. TYPICALLY I WOULDN'T INTERJECT ANY COMMENTS IN BETWEEN PUBLIC HEARING COMMENTS FROM CITIZENS, BUT I THINK BECAUSE EVERYBODY'S EXERTING -- LISA, FORGIVE ME FOR INTERRUPTING YOU -- EXERTING SO MUCH ENERGY INTO THIS. RICK, I DON'T KNOW -- TSCHANTZ -- I DON'T KNOW IF THIS IS APPROPRIATE OR NOT OR THIS CLARIFICATION NEEDS TO BE RESTATED. MAYBE MOST PEOPLE UNDERSTAND IT, I'M NOT SURE, BUT IN TERMS OF WHAT WE'RE LIMITED TO IN THE PROPOSAL WE NEED TO CONSIDER HERE, I'M HEARING THAT MAYBE SOME OTHER PEOPLE WANT TO INTERJECT SOMETHING, AND IT'S NOT NECESSARILY THAT I DON'T AGREE, BUT I THINK IN OUR -- IN OUR BRIEFINGS YOU WERE TALKING ABOUT THE FACT THAT NO OTHER AMENDMENT COULD BE CONSIDERED CONSISTENT WITH EPC VOTE ON JULY 26th, '07 WITH ANY MATERIAL DEVIATION FROM THE PUBLISHED NOTICES OR RULES, AND I THINK THAT MIGHT BE VERY HELPFUL TO OUR AUDIENCE IF THEY UNDERSTAND THE PARAMETERS UNDER WHICH WE ARE OPERATING. I THINK THAT THAT CLARIFICATION SHOULD SIT OKAY WITH OUR CHAIRMAN. CORRECT, MR. BLAIR? JUST SO PEOPLE UNDERSTAND WHAT WE'RE LOOKING AT AND WHY WE HAVE TO LOOK AT IT AS WE'RE LOOKING AT IT. >>BRIAN BLAIR: I'LL LET MR. TSCHANTZ ANSWER THAT. >>RICHARD TSCHANTZ: THANK YOU. YES, THE PUBLISHED NOTICE IS TO MAKE THE FIRST PHASE OF THE HYBRID OPTION RULE CHANGES IF THAT IS THE VOTE OF THE BOARD OR TO MAKE THE CHANGES NECESSARY TO ELIMINATE THE RULES THAT WOULD BE -- NEED TO BE ELIMINATED TO ELIMINATE THE DUTIES OF THE WETLAND DIVISION, SO THAT IS WHAT WAS PUBLISHED AND THAT IS WHAT IS NOTICED. THAT'S WHAT WE'RE HERE ON. MINOR TWEAKS AND CHANGES TO THOSE RULES CAN BE MADE. IF THE BOARD HEARS AN ISSUE FROM A PUBLIC COMMENT AS TO I DON'T LIKE THIS PARTICULAR PART OF THIS PARTICULAR EXEMPTION, THAT CAN BE DISCUSSED, AND THE BOARD CAN SAY, I UNDERSTAND THAT. STAFF CAN -- >>ROSE FERLITA: SO LONG AS THERE'S NO MATERIAL DEVIATION, AND THAT'S OKAY. >>RICHARD TSCHANTZ: IF THERE'S NOT A SUBSTANTIAL CHANGE OR MATERIAL DEVIATION FROM THE DIRECTION OF THE BOARD ON JULY 26th, THOSE TWEAKS CAN BE MADE, BUT IF WE START TO GO IN A MATERIAL CHANGE, WE HAVE TO START THE PROCESS OVER AND REPUBLISH. >>ROSE FERLITA: THANKS FOR THE CLARIFICATION. >>BRIAN BLAIR: OKAY. THANK YOU VERY MUCH. LISA. LISA RODRIGUEZ. >> FOR THE RECORD, LISA RODRIGUEZ, 1808 LIDO DRIVE IN BRANDON. GOOD MORNING, COMMISSIONERS. I'M GLAD TO HAVE THREE MINUTES THIS MORNING. IT'S QUITE A REFRESHING TASK. I'VE LIVED HERE IN BRANDON FOR 39 YEARS, AND I CAN ONLY IMAGINE WHAT THIS COUNTY WOULD HAVE LOOKED LIKE HAD WE NOT HAD LOCAL CONTROL OF OUR WETLANDS. THEIR STRICTER REGULATIONS AND GUIDELINES HAVE SAVED US FROM FAR-REACHING DAMAGES THROUGHOUT THE YEARS. WITH ALL THE DEVELOPMENT THAT HAS ALREADY TAKEN PLACE IN THIS COUNTY -- AND THERE'S A LOT OF IT, AND SOME OF IT IS NOT GOOD -- FOR ONE, THE LAKES OF LITHIA, THE SHOPPING CENTER AT LITHIA AND BLOOMINGDALE IS A PRIME EXAMPLE OF WHAT SHOULD HAVE NEVER HAPPENED TO OUR AREA OUT IN BRANDON. SO EVEN WITH OUR STRICTER REGULATIONS -- [APPLAUSE] -- DEVELOPMENT DOES GET IN THAT'S BAD DEVELOPMENT, OKAY. SO YOU, AS OUR PUBLIC SERVANTS -- YOU ARE WHO WE LOOK AT AND TOWARDS TO MAKE SURE THAT THE CURRENT REGULATIONS ARE WORKING AND EVEN STRENGTHEN THOSE REGULATIONS. FOR GOODNESS SAKES, WE DON'T HAVE A LOT OF OPEN LAND LEFT IN HILLSBOROUGH COUNTY, AND MOST OF IT IS IN DISTRICT 4, I WOULD PRESUME. INSTEAD, WE SEE YOU PRESSURING THE EPC AND THEIR STAFF, OKAY, TO STREAMLINE THE PROCESS, AND WHY IS THAT? IS THAT FOR A FEW BIG DEVELOPERS IN THIS COUNTY? I HOPE NOT. AND I HOPE AT THE SAME TIME WE'RE NOT OPENING UP THIS RULE TO PRESENT MORE PROBLEMS DOWN THE ROAD. WE DON'T NEED TO LESSEN OUR REGULATIONS. EVERYBODY KNOWS WHAT THIS IS -- WHAT'S REALLY GOING ON HERE OR THEY THINK THEY DO. SOME THINK IT'S NOT BUDGET MONEY, SOME THINK IT'S NOT DUPLICITY, IT'S CAMPAIGN FINANCING THAT'S DRIVING THIS TRAIN, AND YOU BETTER JUMP OFF. [APPLAUSE] HAVE YOU FORGOTTEN -- HAVE YOU FORGOTTEN WHY YOU'RE HERE? YOU ARE SUPPOSED TO BE OUR VOICE, THE VOICE OF THE PEOPLE. IF YOU CAN'T STAND UP FOR WHAT'S RIGHT AND PROTECT OUR NATURAL RESOURCES, THEN YOU DON'T DESERVE TO BE SITTING AS A COUNTY COMMISSIONER OR AN EPC COMMISSIONER. THANK YOU. >>BRIAN BLAIR: THANK YOU, LISA. [APPLAUSE] MARK NASH, NANCY O'CONNOR, AND SUZANNE COOPER. >> [INAUDIBLE] NASH WILL DECLINE. >>BRIAN BLAIR: DECLINE. THEN I'VE GOT NANCY O'CONNOR AND SUZANNE COOPER, THEN JEANETTE DOYLE. >> I'M NANCY O'CONNOR FROM DURANT, FLORIDA. IT HAS BEEN PROVEN TIME AFTER TIME THAT LOCAL CONTROLS ARE BETTER FOR CITIZENS THAN STATE OR FEDERAL CONTROLS. OUR HILLSBOROUGH COUNTY EPC HAS A MANNED 24-HOUR PHONE LINE. BUILDING ON WETLANDS CAUSES SINKHOLES DURING DROUGHT. OUR LOCAL EPC IS THERE TO PROTECT US. TO ELIMINATE OUR EPC IS TO TRADE OUR ENVIRONMENT FOR MONEY AND WILL CREATE DISASTERS FOR FUTURE HOMEOWNERS. A NATURAL WETLAND CANNOT BE MOVED. THEY ARE WHERE THEY ARE MEANT TO BE TO PROTECT THE ENVIRONMENT IN TIMES OF DROUGHT AND FLOODS AND TO PROTECT OUR AQUIFER. THE $146-MILLION RESERVOIR IN LITHIA DESTROYED 180 ACRES OF WETLANDS. THE FEDERAL EPA AND THE ARMY CORPS OF ENGINEERS ENGINEERED THIS PROJECT. THE RESERVOIR IS SUPPOSED TO GET ITS WATER FROM OUR RIVERS, LAKES, AND WELLFIELDS, AND IT IS NOW RUNNING OUT OF WATER. ANOTHER PROJECT, THE DESALINATION PLANT IS STILL NOT AT CAPACITY DUE TO VARIOUS PROBLEMS. DO WE WANT THE CORPS OF ENGINEERS THAT ENGINEERED LAKE OKEECHOBEE AND NEW ORLEANS TO PROTECT OUR WETLANDS? [LAUGHTER] THE FEDERAL REGULATIONS ALLOW CONSTRUCTION WITHOUT ENVIRONMENTAL REVIEW. IN PASCO COUNTY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION -- THIS IS THE FLORIDA DEPARTMENT -- IS ALLOWING A GARBAGE DUMP LESS THAN A MILE FROM OUR GREEN SWAMP. IT'S NOT IN HILLSBOROUGH, BUT IT STILL EFFECTS HILLSBOROUGH COUNTY'S WATER QUALITY. THE SWAMP IS AN AQUIFER RECHARGE AREA. THIS IS WHAT WETLANDS DO. IT IS ALSO WHERE THE HEADWATERS OF THE WITHLACOOCHEE, THE HILLSBOROUGH PEACE AND OTHER RIVERS ARE LOCATED. THE LOCAL RESIDENTS ARE AGAINST THIS DUMP, BUT PASCO DOES NOT HAVE ITS OWN EPC. YOU KNOW THE ACTUAL COST TO THE TAXPAYERS FOR THE EPC AFTER ALL THE PLUSES AND MINUSES. RESPONSIBLE CONTRACTORS ARE ABLE TO BUILD AND LEAVE WETLANDS AND SETBACKS UNDEVELOPED. THEY STILL MAKE MONEY, MAYBE JUST NOT AS MUCH. WE HAVE LAKES YOU CAN'T SWIM IN BECAUSE THEY'LL KILL YOU; RIVERS ARE POLLUTED; OCEANS ARE BECOMING POLLUTED. THE WETLANDS PREVENT MUCH OF THIS IF LEFT ALONE. A PRIME REASON FOR FLORIDA HOMETOWN DEMOCRACY IS THE FACT THAT WE ARE LOSING CONTROL OF OUR GOVERNMENT. THANK YOU. >>BRIAN BLAIR: THANK YOU, NANCY. THANK YOU VERY MUCH. SUZANNE COOPER AND -- >> COMMISSIONER BLAIR. >>BRIAN BLAIR: YES. >> I'M SORRY FOR THE INTERRUPTION, SIR. I'VE BEEN HERE SINCE 7:15 THIS MORNING. I WAS LIKE THE THIRD PERSON ON THE LIST TO SIGN. CAN YOU CLARIFY FOR ME WHAT LIST YOU'RE READING AND WHAT YOU'RE GOING ON? BECAUSE THERE ARE QUITE A FEW OF US. MR. DAVIS STORCK SPOKE ALREADY, AND HE WAS IN FAVOR OF, AS I AM, AND I HAVE BEEN SKIPPED, AS MANY OTHER -- OF THE OTHER PEOPLE THAT WERE HERE SINCE 7:15 THIS MORNING, SO I'D LIKE TO CLARIFY THAT LIST, PLEASE. >>BRIAN BLAIR: YES. MA'AM, I HAVE NO TIMES THAT ANYBODY WAS HERE, AND THERE ARE SEVERAL LISTS THAT START WITH -- >> YOU START AT THE BEGINNING OF THE LIST, MR. BLAIR. >>BRIAN BLAIR: I DID. >> YOU DID? AND YOU READ THE NAMES -- HOW ARE YOU READING THE NAMES? >>BRIAN BLAIR: JUST AS THEY'RE PRONOUNCED. >> NO, SIR. PLEASE DO NOT -- DO NOT GO THERE WITH ME. HOW -- THERE WERE FOUR LISTS, AND I WAS LIKE NUMBER THREE. >>BRIAN BLAIR: EXCUSE ME. IF YOU'D LIKE, I WILL LET YOU SPEAK IF YOU'RE IN A HURRY. I WILL GO AHEAD AND LET YOU SPEAK, BUT -- >> NO, I'M JUST ASKING -- >>BRIAN BLAIR: EXCUSE ME. I -- EXCUSE ME. I HAVE -- LISTEN. I HAVE SIX LISTS HERE THAT ALL BEGIN WITH 1. >> [INAUDIBLE] >>BRIAN BLAIR: AND MANY OF YOU PEOPLE HAVE SIGNED UP TWO AND THREE TIMES. THIS HAS BEEN PRESENTED TO ME BY MR. KOULIANOS. I'M READING THEM IN THE WAY THAT HE -- THAT HE HAS GIVEN THEM TO ME, SO THAT'S ALL I CAN DO. >> CAN YOU FIND MY NAME IN ANY OF THOSE LISTS? >>BRIAN BLAIR: DID YOU PUT A TIME BY YOUR NAME? BECAUSE I'VE LOOKED. THERE IS NO TIMES BY -- >> WHAT'S YOUR NAME? >>BRIAN BLAIR: HERE'S -- >> IT SAID ITEM. IS THERE A TIME ON THE SHEET? >> NO. >> NO. >> [INAUDIBLE] 1 IS 1. >>TOM KOULIANOS: OKAY. HERE'S THE LIST. THESE WERE THE FIRST PEOPLE THAT SIGNED UP. >> I DON'T CARE IF I GO NEXT, BUT PLEASE CONSIDER ME BECAUSE I HAVE BEEN HERE FOR FOUR HOURS NOW, AND I WOULD LIKE TO SAY MY PIECE. THANK YOU, MR. BLAIR. >>BRIAN BLAIR: WHAT WAS YOUR NAME, MA'AM, AGAIN. I'M SORRY. >> VIVIAN WARREN, 3010 WEST MASON STREET, TAMPA. >>BRIAN BLAIR: THANK YOU, VIVIAN. SUZANNE COOPER, AND SOMETHING DOYLE. I DON'T WANT TO MESS IT UP. WELCOME. >> GOOD MORNING. I AM SUZANNE COOPER, TAMPA BAY REGIONAL PLANNING COUNCIL, PRINCIPAL ENVIRONMENTAL PLANNER AND STAFF FOR THE AGENCY ON BAY MANAGEMENT. I THINK YOU'VE ALL RECEIVED A LETTER THAT WAS SENT BY THE AGENCY ON BAY MANAGEMENT, AND IT SEEMS VERY APPROPRIATE AT THIS POINT. THE COMMITTEE ENCOURAGES THE COMMISSION TO CREATE A BALANCED BLUE RIBBON COMMITTEE TO PERFORM A ONE-YEAR STUDY OF THE EXISTING WETLANDS DIVISION'S RESPONSIBILITIES, THE CHANGES THAT ARE PROPOSED UNDER THE HYBRID PROGRAM AS PROPOSED BY DR. GARRITY, AND ANY OTHER PROPOSED CHANGES, AND THE STUDY WOULD REVIEW THE HISTORY AND RESPONSIBILITIES OF THE DIVISION AND LOOK AT THE IMPACTS, BOTH FINANCIAL AND ENVIRONMENTAL, OF DOING AWAY WITH THE DIVISION OR MAKING THE CHANGES THAT ARE PROPOSED, AND IT WOULD ALSO LOOK AT THE IMPACTS ON WHATEVER ENTITIES OR AGENCIES MIGHT ASSUME THE RESPONSIBILITIES NO LONGER PROVIDED BY THE EPC. WE ALL KNOW HOW IMPORTANT THE ENVIRONMENTAL PROTECTION COMMISSION HAS BEEN FOR THE COUNTY AND HOW MUCH THE REGION RELIES ON THE COUNTY TO SET THE -- SET THE WAY FOR ENVIRONMENTAL PROTECTION FOR THE REGION. I REVIEW ALL STORMWATER PERMIT APPLICATIONS AND DREDGE AND FILL PERMIT APPLICATIONS FOR THE FOUR-COUNTY REGION, AND I CAN TELL YOU WITHOUT STATISTICAL INFORMATION THAT THOSE IN HILLSBOROUGH COUNTY ARE THE BEST PROPOSALS. YOU ONLY HAVE TO GO LOOK AT PASCO COUNTY TO SEE WHAT WOULD HAPPEN WITHOUT EPC, THE WAY THAT THOSE PROJECTS DEVELOP. HILLSBOROUGH COUNTY HAS A LONG WAY TO GO IN DEVELOPING OUT, AND WE NEED TO MAKE SURE THAT YOU-ALL STAY STRONG IN PROTECTING OUR ENVIRONMENT AS AN AESTHETIC AS WELL AS AN IMPORTANT ECONOMIC ENGINE FOR THE COUNTY. THANK YOU. >>BRIAN BLAIR: THANK YOU, SUZANNE. [APPLAUSE] IS THERE A DOYLE? I'M SORRY. I DIDN'T -- COULDN'T READ THE FIRST NAME. >> MY NAME IS JEANETTE DOYLE, AND I LIVE IN APOLLO BEACH. YOU KNOW, I SAID I'VE BEEN FOLLOWING THIS ISSUE RIGHT ALONG, AND I CAN'T HELP BUT -- I'M ONE OF THE RESIDENTS THAT FEEL VERY DISAPPOINTED IN SOME OF THE ACTIONS OF THE COMMISSIONERS AND SOME OF THE ATTITUDES. I DO GO ALONG WITH THIS BLUE RIBBON STUDY FOR ONE YEAR BY THE AGENCY OF BAY MANAGEMENT. I THINK IT'S A VERY SENSIBLE APPROACH. I DO AGREE WITH MARIELLA SAYING THAT EVERYTHING IS GOING SO FAST, AND I THINK THE PUBLIC NEEDS TO UNDERSTAND MORE ABOUT WHAT THE CHANGES ARE. USING THE EXCUSE OF BUDGET CUTS TO ELIMINATE WETLAND -- THE WETLAND DIVISION IS FISCALLY -- I CAN'T SAY IT -- PHYSICAL -- NO, FISCAL UNSOUND, AND THE WETLAND -- I KNOW THAT PART OF ITS BUDGET IS BASED ON FEE-BASED, AND I HEARD ONE OF THE SPEAKERS MENTION THAT IT WAS ONLY JUST A FRACTION OF THE BUDGET OF THE COUNTY, SO I THINK THAT IT'S REPREHENSIBLE FOR YOU TO ELIMINATE THE MONITORING OF THE EFFLUENT FROM THE DESAL PLANT. I AM DEEPLY CONCERNED ABOUT THE ELIMINATION OF THE WATER QUALITY MONITORING PROGRAM IN HILLSBOROUGH BAY, TAMPA BAY ESTUARY, THE CHEMICAL-LADEN EFFLUENT COMBINED WITH THE TECO LOW-DISSOLVED COOLING WATER DISCHARGE, AND THE NORTH CANAL IN APOLLO BEACH, WHICH IS BETTER KNOWN AS THE MANATEE- VIEWING CENTER, DOES THIS 24 HOURS A DAY. AND FOR THEM -- FOR THIS MONITORING TO BE ELIMINATED IS SELF-DEFEATING. THERE'S NO WAY THAT YOU KNOW WHAT'S GOING IN THE BAY UNLESS EPC CONTINUES ITS MONITORING, AND I'VE HAD SEVERAL CONVERSATIONS WITH EPC THAT THEY HAVE KEPT A MONITORING PROGRAM UP AROUND THAT AREA FOR A NUMBER OF YEARS, SO THEY DO HAVE A BASELINE, AND RECENTLY, THE TAMPA BAY WATER HAS SUBMITTED A PROPOSE -- A DRAFT PERMIT WITH DEP TO ASK FOR A VARIANCE ON THAT EFFLUENT, AND SO, THEREFORE -- WHICH MEANS THAT IT'S ALL THE MORE IMPORTANT FOR THE MONITORING SYSTEM TO CONTINUE BECAUSE IT'S GOING TO AFFECT THE WHOLE HEALTH OF THE BAY. THANK YOU. >>BRIAN BLAIR: THANK YOU, JEANETTE. VIVIAN -- VIVIAN WARREN, WHEREVER YOU ARE. VIVIAN, PLEASE COME FORWARD. IS VIVIAN -- VIVIAN WARREN -- LET'S SEE, DID WE HAVE MARK NASH? -- AND LET'S SEE, NANCY O'CONNOR. MIKE PETERSON. >> GOOD MORNING, COMMISSIONERS. FIRST OF ALL, I WOULD LIKE TO APOLOGIZE AND EXPRESS MY SYMPATHY FOR WHAT HAS HAPPENED TO YOUR HOUSE. I HEARD ABOUT IT THIS MORNING, AND THAT IS NOT FAIR PLAY, AND THAT'S NOT WHAT WE'RE ABOUT, SO I'M VERY SORRY THAT THAT HAPPENED TO YOUR HOUSE. THAT BEING SAID, I'M GOING TO MAKE SOME COMMENTS. I WASN'T GOING TO SPEAK TODAY, BUT I'M GOING TO MAKE SOME COMMENTS, AND ONE OF THE COMMENTS IS COMMISSIONER NORMAN, YOU ARE THE SENIOR EPC BOARD MEMBER HERE. YOU'VE BEEN THERE FOR TEN YEARS. IF YOU THOUGHT THAT THE SYSTEM WAS BROKEN, WHY DIDN'T YOU TAKE STEPS TO FIX IT? [APPLAUSE] ALL WE NEED IS DIALOGUE. WE NEED DIALOGUE. WE NEED TO COME -- EXCUSE ME, SIR. I HAVE THREE MINUTES. I HAVE THREE MINUTES. >>JIM NORMAN: WELL, YOU ASKED ME SOMETHING. >> WELL, THIS IS -- YOU CAN ANSWER IT LATER. THIS IS -- YOU'RE NOT GOING TO TAKE MY TIME. YOU'RE TAKING MY TIME RIGHT NOW. AND SO I WOULD LIKE THAT ANSWERED. I WOULD LIKE THAT ANSWERED WHEN YOU CAN -- WELL, E-MAIL ME. E-MAIL ME. [LAUGHTER] ALL RIGHT? I'M IN THE BOOK. NUMBER TWO, THE OTHER THING THAT I WAS GOING TO MENTION IS, YOU KNOW, HERE -- YOU'RE GOING ON AND ON AND ON ABOUT, YOU KNOW, IT TOOK MR. WHITE TO BRING THIS ON, TO BRING ALL OF US TOGETHER, AND TO HAVE DIALOGUE. THAT IS A SPIN. MS. OSTEEN, I AGREE WITH YOU, IT'S A SPIN. OKAY? AND NUMBER THREE, THERE WAS A THING IN THE PAPER THIS MORNING THAT REALLY DISTURBED ME, AND, YOU KNOW, I DON'T LIKE TO SINGLE OUT PEOPLE, BUT WHEN I FIND OUT THAT SOMEBODY GOES TO AN AGRICULTURE ADVISORY COUNCIL MEETING AND THEN SAYS, WELL, ALL OF YOU NOW LEAVE AFTER A LITTLE BIT OF DISCUSSION BECAUSE WE'RE GOING TO HAVE A CLOSED-DOOR MEETING AND THIS IS ABOUT THE WETLANDS RULE, I WOULD LIKE THAT EXPLAINED TO ME IN AN E-MAIL, PLEASE, OKAY, BECAUSE I THINK THAT THIS IS A VIOLATION OF THE SUNSHINE LAW. >>BRIAN BLAIR: NO, IT WASN'T. >> CHECK THE STATUTES, PLEASE. THIS IS ALL I HAVE TO SAY. THANK YOU VERY MUCH. [APPLAUSE] >>BRIAN BLAIR: THANK YOU VERY MUCH. WE HAVE NANCY O'CONNOR, MIKE PETERSON, AND DAVID CAMPO. >> HELLO, COMMISSIONERS. MY NAME IS MARY BRIGHT. NANCY O'CONNOR HAS GIVEN ME THE OPPORTUNITY TO COME AND SPEAK IN HER PLACE. I WAS UPSTAIRS. AND I LIVE AT 101 -- >>BRIAN BLAIR: EXCUSE ME. I'M SORRY. WE'RE NOT ALLOWED TO DO THAT. >> WELL, LET ME STATE, PLEASE, THAT I WAS UPSTAIRS WHEN -- WITH A LARGE GROUP OF PEOPLE WHO WERE SUPPOSED TO BE ABLE TO SPEAK, AND YOU SAID THERE WAS FOUR PEOPLE ON THE LIST. ACTUALLY, WE HEARD THAT COMMISSIONER NORMAN WAS HOLDING ON TO THE LIST THAT HAD THE LONGER LIST OF PEOPLE WHO WERE SUPPOSED TO SPEAK. >>JIM NORMAN: IT'S A CONSPIRACY. I HAVE NO LIST. >> [INAUDIBLE] >>BRIAN BLAIR: COMMISSIONER NORMAN HAS NO LIST. COMMISSIONER -- >>ROSE FERLITA: MR. CHAIRMAN -- >>BRIAN BLAIR: I'LL TELL YOU WHAT I'M GOING TO DO. AFTER THIS, I'M GOING TO LET TOM KOULIANOS CALL EVERY NAME, PLEASE. FINISH THIS LIST RIGHT HERE. >>ROSE FERLITA: MR. CHAIRMAN, WE'RE SPENDING MORE TIME WHEN SHE CAN'T SPEAK THAN WHEN SHE CAN. LET'S JUST WAVE THE RULES AND LET HER SPEAK. >> THANK YOU. >>ROSE FERLITA: YOU'RE WELCOME. [APPLAUSE] >>BRIAN BLAIR: IT'S JUST IN FAIRNESS TO EVERYBODY ELSE THAT HAD SIGNED UP. >>ROSE FERLITA: I THINK IT'S SO CONFUSING BECAUSE THERE'S SO MANY LISTS. >> YEAH. I WILL KEEP MY COMMENTS BRIEF, AND THE FIRST THING THAT I WOULD LIKE TO SAY IS THAT IF THE CITIZENS AND TAXPAYERS ARE LIMITED TO THREE MINUTES HERE, THEN THE COMMISSIONERS SHOULD ALSO BE LIMITED IN THEIR TIME. WE ARE TAKING TIME FROM OUR WORKDAY. I'M TAKING TIME PAID OFF -- PAID TIME OFF AND HAVING TO WAIT TO LISTEN TO SPEAK WHILE COMMISSIONERS HAVE BEEN TALKING FOR 20 OR 30 MINUTES. I THINK THAT IF WE'RE LIMITED TO THREE MINUTES, COMMISSIONERS SHOULD BE LIMITED TO FIVE MINUTES OR SOME BRIEF PERIOD OF TIME ALSO. >>KEVIN WHITE: I AGREE WITH THAT. >> THANK YOU. >>ROSE FERLITA: YOU'VE ALREADY HAD YOUR FIVE MINUTES. SOMEBODY ELSE NEEDS THEIR FIVE MINUTES. >>KEVIN WHITE: WELL, I DON'T TAKE FIVE MINUTES BUT EVERY NOW AND AGAIN, NOT EVERY QUESTION. >> OKAY. COMMISSIONER NORMAN, WHEN YOU TELL US THAT SCIENTISTS SAY THINGS THAT REFLECT THAT THESE WETLANDS ARE NOT IMPORTANT OR UNNECESSARY, I WOULD ASK YOU TO REMEMBER THAT AT ONE TIME SCIENTISTS FOR PHILIP MORRIS AND RJ REYNOLDS SAID THAT SMOKING WAS NOT HARMFUL. [APPLAUSE] SCIENTISTS FOR EXXON HAVE SAID MORE RECENTLY THAT GLOBAL WARMING IS NOT AN ISSUE OR A CONCERN. ALSO, REGARDING THE MAN WHO GOT UP AND SPOKE ABOUT HIS HOME BEING -- BEING FLOODED BECAUSE THE WETLANDS WERE FLOODING INTO HIS HOME, MY QUESTION IS, WHY WAS HE ALLOWED TO BUILD A HOUSE IN AN AREA THAT WOULD BE FLOODING SO FREQUENTLY? WAS HE ALLOWED TO BUILD ON A WETLAND? AND WAS -- WAS THIS ALLOWED BECAUSE -- NOT THAT THE EPC DIDN'T WANT TO DO THEIR JOB HERE IN HILLSBOROUGH COUNTY BUT THAT THE EPC HAS BEEN PREVENTED FROM DOING THEIR JOB BECAUSE OF ACTIONS BY THIS COUNTY COMMISSION? I AM A FLORIDA NATIVE, BORN AND RAISED HERE IN TAMPA, FLORIDA, AND I HAVE WATCHED THE CONSISTENT DECLINE AND DEGRADATION OF OUR ENVIRONMENT HERE AND OF OUR QUALITY OF LIFE BECAUSE PEOPLE COME TO FLORIDA BECAUSE IT'S BEAUTIFUL, NATURAL PLACE. IT'S NOT THAT PLACE ANYMORE. IT IS DECLINING, AND WE NEED TO DO WHATEVER WE CAN TO PREVENT IT FROM DECLINING ANY FURTHER OR WE WILL LOSE A LOT MORE TAX DOLLARS FROM PEOPLE WHO WILL NOT WANT TO MOVE TO FLORIDA ANYMORE. I WAS UP IN CAPE COD LAST YEAR, AND I SAW AN AREA THAT HAS -- THAT'S BEEN INHABITED BY AMERICANS SINCE THEY MOVED TO THE UNITED STATES FROM EUROPE 200 YEARS AGO. THEY DON'T ALLOW RAMPANT DEVELOPMENT UP THERE BECAUSE THEY CARE ABOUT THEIR COMMUNITY, AND WE NEED TO SHOW THAT WE CARE ABOUT OUR COMMUNITY. WE HAVE SOMETHING -- PEOPLE PAY THOUSANDS OF DOLLARS TO COME TO FLORIDA EVERY YEAR FOR A BEAUTIFUL VACATION IN OUR BEAUTIFUL ENVIRONMENT. WE NEED TO PRESERVE THAT. THANK YOU VERY MUCH. >>AL HIGGINBOTHAM: THANK YOU, MA'AM. >>JIM NORMAN: COMMISSIONER, GOT TO RESPOND. [APPLAUSE] I JUST WANT TO RESPOND TO THAT. I DON'T HAVE ANY LIST THAT I'M HIDING. THAT'S NUMBER ONE. I JUST WANT TO MAKE THAT VERY CLEAR. NUMBER TWO, THE SCIENTISTS WERE NOT PHILIP MORRIS THAT I SPOKE TO, IT WAS AN ENVIRONMENTAL SCIENTIST OF FLORIDA, AND I'M ALSO A NATIVE, BUT IT WAS THE SCIENTIFIC PEOPLE FROM EPC, SWFWMD, AND EPA, SO THESE ARE THE SCIENTISTS I SPOKE TO, NOT CIGARETTE, TOBACCO SCIENTISTS. >>AL HIGGINBOTHAM: ALL RIGHT. THANK YOU. MS. KOULIANOS, WOULD YOU CALL THE NEXT -- >>TOM KOULIANOS: [INAUDIBLE] >>AL HIGGINBOTHAM: I'M SORRY? >>TOM KOULIANOS: MARILYN SMITH. >>AL HIGGINBOTHAM: AND WHO AFTER MS. SMITH? >>TOM KOULIANOS: HAROLD DOSSEY. >>AL HIGGINBOTHAM: HAROLD DOSSEY. [SOUNDING GAVEL] >> COULD WE HAVE A FULL BOARD HERE? WE NEED OUR CHAIR BACK AND WE NEED HAGAN. WHY ARE WE NOT WORTHY OF A FULL BOARD? MR. CHAIR, WHY ARE WE NOT WORTHY OF A FULL BOARD? ARE THEY RESERVING THEMSELVES FOR LATER? >>AL HIGGINBOTHAM: WHAT ARE YOUR COMMENTS ON THE EPC HYBRID PLAN, PLEASE. >> I WANT TO KNOW WHERE THEY ARE. THIS IS AN IMPORTANT MEETING. >>AL HIGGINBOTHAM: MA'AM, I CAN'T READ MINDS, BUT YOU'RE MORE THAN WELCOME TO SPEAK THREE MINUTES ABOUT THE HYBRID, PLEASE. >> MARILYN SMITH, GRANDMOTHER AT LARGE. THANK YOU FOR RETURNING, MR. BLAIR. FIRST OF ALL -- YOU DON'T NEED TO ANSWER. FIRST OF ALL, IF COPERNICUS AND GALILEO WERE SUBJECT TO YOUR WISDOM, THEY WOULD HAVE BEEN HANGED A LONG TIME AGO, AND WE WOULD STILL NOT KNOW IF THE WORLD WAS FLAT. WE HAVE OTHER PROBLEMS. FIRST OF ALL, THE WHOLE LITTLE THING OF THE TAXWATCH THING THAT HAGAN, WHO IS NOT HERE, ORDERED UP WITHOUT -- WITHOUT THE PERMISSION OR VOTING OF THIS BOARD IS -- IS NOT TO BE USED. YOU CANNOT USE IT. THAT'S NEW EVIDENCE, AND ANYBODY WOULD TELL YOU YOU CANNOT INTRODUCE NEW EVIDENCE INTO A PUBLIC HEARING. IT WAS NOT ON THE PUBLISHED NOTICE. GET IT OUT OF THERE, AND IF YOU CONSIDER IT AT ALL, YOU ARE BREAKING THE LAW AGAIN. JUST FOR THE RECORD, FOR THOSE OF YOU WHO HAVEN'T BEEN AROUND AND FOR THE CONSTANT BLABBERING OF TWO LITTLE BRATS ME BACK THERE, EPC HAS NEVER LOST A TAKING CLAIM BASED ON THE APPLICATION OF THE WETLAND RULES. DID YOU HEAR THAT? YOU HEAR THIS CONSTANTLY, OH, THEY TOOK MY PROPERTY. THEY HAVE NEVER LOST. YOU OUGHT TO KNOW THIS, RICK. THEY HAVE NEVER -- VERIFY IT. THEY HAVE NEVER LOST IN COURT, SO DON'T GIVE ME THE STUFF ABOUT YOU'RE GOING TO GO TO COURT. PLEASE DO. YOU'RE IN TROUBLE. NOW, THE MANGROVE. YOU ARE WILLING -- BRIAN, YOU'RE WILLING TO EXPORT MY FOOD. THERE IS ENOUGH PROBLEM RIGHT NOW WITH THE PAINTED TOYS COMING FROM CHINA. WHEN YOU DESTROY MY FOOD CHAIN THAT STARTS IN THE BAY -- JUST THAT PART -- THE GRASS AND THE MANGROVES, YOU TAKE A CHUNK OUT OF -- WOULD YOU PLEASE LISTEN OVER HERE? YOU DON'T KNOW ANYTHING. YOU MIGHT LEARN SOMETHING. WHEN YOU TAKE A PIECE OF OUR FOOD CHAIN AND TEAR IT OUT, YOU'RE GOING TO PUT COMMERCIAL FISHERMEN OUT OF JOBS, YOU'RE GOING TO TAKE THE FOOD CHAIN AWAY. THEY WILL NOT HAVE JOBS NOR WILL THE -- OH, YOU THINK IT'S FUNNY? THE SPORT FISHING PEOPLE, WHAT ABOUT THEM? YOU'RE NOT WORRIED ABOUT THEIR JOBS? THAT'S A WHOLE LATERAL EFFECT THAT YOU DON'T EVEN KNOW ABOUT AND A TRICKLE-DOWN. YOU CARE MORE ABOUT WHAT YOU ARE BEING GIVEN IN YOUR GREEN- POCKET DONATIONS THAN YOU DO ABOUT MY FOOD CHAIN AND MY SAFETY. I DON'T WANT MY FOOD TRANSPORTED FROM CHINA. [LAUGHTER] NOR PEOPLE PUT OUT OF WORK AND JOBS OUTSOURCED BECAUSE THERE IS NOTHING GROWING IN MY BAY THAT YOU HAVE BEEN PARAMOUNT IN ELIMINATING. YOU CANNOT DO THAT TO THAT. AND YOU, MR. HICKEY, YOU LIKE TO GO HUNTING. WELL, WHAT DO YOU THINK WHEN YOU START DICKERING AROUND WITH THAT WETLAND STUFF? WHERE ARE THE DEERS GOING TO DRINK? THAT'S UP THE FOOD CHAIN ON LAND. YOU PEOPLE HAVE TO -- CAN YOU SPELL FROG? DO YOU KNOW HOW TO SPELL FROG? I DON'T THINK SO. WE'RE NOT DONE WITH YOU YET. COME ON AIDES. [APPLAUSE] >>BRIAN BLAIR: THANK YOU, MS. SMITH. >>TOM KOULIANOS: TERRELL DOSSEY, AND THEN MIKE PETERSON. >> GOOD MORNING, TERRELL DOSSEY. >>BRIAN BLAIR: WELCOME, MR. DOSSEY. >> UNINCORPORATED HILLSBOROUGH, HARNEY FLATS WETLANDS. BEFORE WE AMPUTATE THE RIGHT HAND OF THE EPC OF BEING THE WETLANDS DIVISION, BEFORE WE OPERATE ON IT, MAYBE WE SHOULD EXAMINE THE HEAD AND MAYBE THE POSSIBILITY OF UNDERSTANDING WHY WE'RE AT THIS POINT. THE EPC WETLANDS IS SUFFERING, YES, IT IS SUFFERING, BUT IT'S TRYING TO REACH OUT AND GRAB ANYTHING IT CAN, WHICH IS FROM THE FUNDING OF THE COUNTY. WE SHOULDN'T HAVE TO BEAT A DUCK DOWN. IF IT'S DOWN ON THE GROUND, DON'T KEEP HAMMERING IT AND TRYING TO FIND EVERY FAULT. IT'S DOWN FOR A REASON, AND THE REASON IS BECAUSE YOU'RE NOT SUPPORTING IT. I'LL GIVE YOU AN EXAMPLE HERE. COMMISSIONER FERLITA, THE NET OPERATING COSTS OF THE EPC WETLANDS DIVISION IS APPROXIMATELY 47%. IT'S ABOUT 7% OVER BUDGET THAN WHAT THEY'RE PLANNED FOR. COMMISSIONER NORMAN, TOM KOULIANOS AND I HAD A CONVERSATION HERE JUST THE OTHER DAY. HE'S THE DIRECTOR OF THE FINANCE. HE QUOTED THAT THE CURRENT EPC FEE SERVICES THAT ARE BEING CHARGED NOW ARE BASED ON A 2003 FEE REVIEW. THIS CURRENTLY -- ISSUE WAS SOON TO BE A FIVE-YEAR FREEZE ON FEES BEING SERVICED BY THE EPC. ANY DIVISION -- I DON'T CARE IF YOU'RE LOCAL, WHATEVER, IF YOU HAVE YOUR FEES FROZEN FOR FIVE YEARS, YOU CANNOT OPERATE FUNCTIONALLY. YOU HAVE TO AMEND THIS. YOU HAVE THE POWER. THE EPA ACT GIVES YOU THE POWER TO AMEND THOSE FEES, TO ADJUST, AND TO ACCOMMODATE, AND TO WORK FUNCTIONALLY SO THE EPC CAN WORK AS IT NEEDS TO BE. THAT MAY BE ONE OF THE REASONS WHY COMMISSIONER NORMAN'S ASKING WHY WE DON'T GET ANYTHING BACK, BECAUSE THEY DON'T HAVE THE FUNDS TO OPERATE WITH. YOU GIVE THEM THE FUNDS AND SO FORTH THAT YOU CAN -- AS YOU'RE AUTHORIZED TO DO SO, BUT YOU'RE NOT AUTHORIZED TO RADICALLY MODIFY THE EPC BY ELIMINATING A DIVISION TO FIT THE COUNTY BUDGET. YOU'RE THERE TO SUPPORT US, AND YOUR SUPPORT IS TO GIVE THE EPC THE RIGHT FUNDING TO OPERATE FUNCTIONALLY WELL. SO THE ELIMINATION OF THE EPC WETLANDS WITH MODIFICATION OF IT IS WRONG. GIVE YOU ONE MORE ADJUSTMENT HERE. AS FAR AS DUPLICATION, I -- YOU CAN TALK TO ANY HIGH SCHOOL STUDENT. HE'LL TELL YOU HE'S GETTING DUPLICATION OF THE FAMOUS THREE "R"s, READING, WRITING, RITHMETIC. OKAY? HE'LL TELL YOU I LEARNED THAT BACK IN ELEMENTARY SCHOOL. DOES THAT MEAN WE GET TO ELIMINATE HIGH SCHOOL? THINK ABOUT IT. THE STANDARDS ARE SET, AND AS THEY GO UP, WE NEED TO CONTINUE OUR QUALITY. OUR QUALITY IS OUR HOME RULE. NOW, A LOT OF US -- I'M A SENIOR. SOME OF US ARE SENIORS, SOME OF US ARE RETIRED, FIXED INCOME. YOU KEEP MY FIXED INCOME AND RAISE MY TAXES, THAT'S UNJUST BECAUSE YOU'VE FROZEN THE FEES OF THE EPC, AND THAT'S UNJUST. THANK YOU. >>BRIAN BLAIR: THANK YOU, MR. DOSSEY. MR. PETERSON, AND THEN MR. KOULIANOS, IF YOU'D CALL THREE NAMES. >>TOM KOULIANOS: KEVIN BECKNER AND DAVID CAMPO. >> GOOD MORNING, COMMISSIONERS. MIKE PETERSON ON BEHALF OF THE GREATER TAMPA ASSOCIATION OF REALTORS. LET ME AGAIN JUST, YOU KNOW, CONFIRM THAT YOU'VE RECEIVED LETTERS ON OUR POSITION, THINGS OF THAT NATURE, BUT WHAT I'D LIKE TO TALK ABOUT TODAY IS THANKING THOSE OF YOU WHO AT LEAST FORCED THIS ISSUE FORWARD, AND I THANK DR. GARRITY AND THEM FOR ACTUALLY RECOGNIZING AND ACKNOWLEDGING AND TRYING TO FIX SOME OF THE CONCERNS THAT WE'VE RAISED FOR YEARS. IT'S UNFORTUNATE THAT, YOU KNOW, THIS TURNED INTO AN ENVIRONMENTALIST VERSUS ANTI-ENVIRONMENTALIST, OR AT LEAST THAT'S THE WAY THE MEDIA WANTED TO PLAY IT OR EITHER COMMISSIONERS WERE WITH DEVELOPERS OR AGAINST THEM. THESE WERE LEGITIMATE CONCERNS, THEY ALWAYS HAVE BEEN, AND I THINK ANYONE WHO LOOKS AT THE FACTS WILL FIND THAT TO BE THE CASE, AND SO I APPRECIATE THE COMMENTS MR. NORMAN MADE EARLIER THAT I THINK EVERYONE SHOULD TAKE TO HEART. TOO BAD WE WON'T READ ABOUT IT IN THE PAPER BECAUSE THAT'S NOT THE KIND OF THING THAT WE'LL GET FROM THEM. BUT I THINK -- YOU KNOW, THIS THING ABOUT SWFWMD AND FDEP, YOU KNOW, JUST ABSENTEE PROTECTORS, WE'LL NEVER SEE THEM. IT'S FUNNY, YESTERDAY YOU WERE TALKING ABOUT A ROAD NEAR FAWN RIDGE. IT WASN'T THE EPC THAT WASN'T LETTING YOU INVADE THE WETLANDS, IT WAS FDEP THAT WAS CAUSING THE PROBLEM. SO IT'S HARD TO IMAGINE THAT ALL THIS HYPERBOLE ABOUT NO ONE DOES ANYTHING BUT THE EPC IS TRUE. I DON'T DISAGREE THAT THEY ARE MORE LOCAL, I DON'T DISAGREE THEY DON'T DO MOST OF IT BECAUSE FRANKLY, IF I'M FDEP OR SWFWMD AND YOU GUYS ARE WILLING TO DO IT, YEAH, I'LL LET YOU DO IT AND I'LL GO DO SOMETHING ELSE, BUT WE AS LOCAL HILLSBOROUGH COUNTY CITIZENS PAY FOR THAT, THE LUXURY OF THEM GOING ELSEWHERE WHILE WE PAY FOR OUR OWN. THAT'S YOUR VALUE JUDGMENT. IF THAT'S WHAT YOU DECIDE TO KEEP, I UNDERSTAND THAT. WE'RE QUESTIONING THAT ONE, BUT AT LEAST I LIKE THE EFFORT THAT'S BEEN MADE TO TRY TO HELP THE SITUATION, CORRECT IT, AND SO WITH THAT, WE'LL STAND DOWN. THANK YOU. >>ROSE FERLITA: MR. CHAIRMAN. >>BRIAN BLAIR: THANK YOU, MR. PETERSON. >>ROSE FERLITA: MR. CHAIRMAN, I WONDER IF I COULD ASK MR. PETERSON SOMETHING. MR. PETERSON, I THINK YOU'RE IN MY DISTRICT, AND I LIKE TO KNOW WHERE MY CONSTITUENTS STAND. I DON'T KNOW IF I WAS HEARING YOUR COMMENTS AS AN INDIVIDUAL. I DON'T THINK YOU PREFACED IT BY SAYING THAT IS THE OPINION OF YOU, AS YOU REPRESENT THE BUILDERS ASSOCIATION. >> I THINK I WAS VERY CLEAR I REPRESENT THE GREATER TAMPA ASSOCIATION OF REALTORS. >>ROSE FERLITA: SO THAT'S NOT THE SAME AS YOUR OPINION. YOUR OPINION IS IN KEEPING WITH THAT ONE? I'D JUST LIKE TO KNOW BECAUSE YOU'RE IN MY DISTRICT. I WANT TO LET YOU KNOW WHAT YOU THINK. >> WE'RE NOT GOING TO PLAY THIS GAME. >>ROSE FERLITA: OKAY. THANK YOU VERY MUCH FOR CLARIFYING THAT. >> I'M TERRIBLY SORRY, BUT I SIGNED -- I WAS ONE OF THE FIRST TO SIGN I'VE BEEN HERE SINCE 7:00. I DON'T KNOW WHAT HAPPENED TO THE LIST. >>TOM KOULIANOS: CAM, YOU'RE RIGHT AFTER MR. BECKNER. >> WELL, THANK YOU VERY MUCH. >>TOM KOULIANOS: KEVIN BECKNER, CAM OBERTING, AND DAVID NARKIEWICZ -- DAVID CAMPO. >>BRIAN BLAIR: WE'RE GOING TO BREAK FOR LUNCH RIGHT AFTER THAT. >> GOOD MORNING, COMMISSIONERS. MY NAME IS KEVIN BECKNER, AND I'M A RESIDENT OF CARROLLWOOD. TODAY I'M HERE TO URGE YOU ONCE AGAIN TO MAINTAIN THE WETLANDS DIVISION OF THE LOCAL EPC. AS A CERTIFIED FINANCIAL PLANNER AND A FISCAL CONSERVATIVE, I AM FULLY AWARE AND APPRECIATE THE FINANCIAL CHALLENGES THAT WE FACE AS A COUNTY AND THE NEED TO BE FISCALLY RESPONSIBLE WITH OUR CITIZENS' TAX DOLLARS. AS A BUSINESS OWNER, THERE'S PROBABLY NO ONE ELSE IN THIS ROOM WHO IS A MORE PASSIONATE ADVOCATE THAN I AM FOR STREAMLINING PROCESSES AND CREATING EFFICIENCY IN BUSINESS AND GOVERNMENT, BUT I'M ALSO SMART ENOUGH TO KNOW THAT WE SHOULD NOT BE PLAYING POLITICS WITH MOTHER NATURE. OUR WETLANDS WERE CREATED OVER SEVERAL HUNDRED AND THOUSANDS OF YEARS. THEY SERVE MANY IMPORTANT FUNCTIONS TO OUR ENVIRONMENT AND COMMUNITY. MANY OF THESE FUNCTIONS WE UNDERSTAND; HOWEVER, WE SHOULD NOT BE SO ARROGANT TO BELIEVE THAT WE CAN COMPLETELY UNDERSTAND EVERY FUNCTION THAT COULD BE ARTIFICIALLY RE- CREATED THAT THE NATURAL FUNCTIONS OF NATURE HAS CREATED. DESTROYING OR TRYING TO MITIGATE OUR WETLANDS COULD HAVE ADVERSE CONSEQUENCES TO OUR ECONOMY AND ENVIRONMENT THAT MAY NOT BE KNOWN FOR YEARS OR GENERATIONS TO COME. WHAT I'M ASKING YOU HERE TODAY TO DO IS TO MAKE A SMART DECISION. MAKE THE RIGHT DECISION. LET'S FOCUS ON HOW WE CAN MAKE THE WETLANDS DIVISION MORE EFFICIENT WITHOUT ENDANGERING OUR ENVIRONMENT. HELP THIS COMMUNITY PRESERVE AND PROTECT THE LONG-TERM ECONOMIC AND ENVIRONMENTAL HEALTH OF THIS COUNTY. FINALLY, MR. BLAIR MENTIONED THAT WHEN POLITICS ARE INVOLVED, NOT EVERYONE CAN BE HAPPY. PERHAPS WHAT THE BOARD OF COUNTY COMMISSIONERS NEED TO SERIOUSLY CONSIDER IS PERHAPS REMOVING THE POLITICS FROM THE EPC AND THE BOARD OF COUNTY COMMISSIONERS BY CREATING A MORE TRANSPARENT SYSTEM OF CHECKS AND BALANCES. THIS CAN BE BEST ACCOMPLISHED WHEN THE BOARD OF COUNTY COMMISSIONERS AND THE EPC BOARD DO NOT WEAR THE SAME HATS. THANK YOU. [APPLAUSE] >>BRIAN BLAIR: MR. CAMPO AND -- CAM OBERTING AND MR. CAMPO. >>TOM KOULIANOS: COMMISSIONER, MR. CAMPO HAS AGREED THAT HE'LL LET MS. OBERTING GO FIRST, AND THEN WE CAN BREAK FOR LUNCH. >>BRIAN BLAIR: THANK YOU. WELCOME, MS. OBERTING. >> I'VE LIVED HERE 30 YEARS, AND I'M KIND OF GETTING HARD TO SEE AND HARD TO HEAR. FIRST, LET ME SAY THAT I'M VERY SORRY ABOUT WHAT HAPPENED TO THE VANDALISM IN YOUR HOME, BUT THERE'S A LOT OF THAT GOING ON IN HILLSBOROUGH COUNTY. IT'S IN MY NEIGHBORHOOD, IT'S ALL OVER. I GUARANTEE YOU THAT NONE OF THE PEOPLE THAT ARE HERE, THE ENVIRONMENTALISTS, DID THIS JOB, OKAY. IT WAS ONLY THE UGLY, BAD PEOPLE. [APPLAUSE] MY NAME IS CAM OBERTING, AND I REPRESENT THE TAYLOR ROAD CIVIC ASSOCIATION. I WAS BRUTAL WHEN I ADDRESSED THIS BOARD ON JULY THE 26th. I DON'T APOLOGIZE. I WAS TELLING THE TRUTH. THOSE OF YOU THAT ARE DETERMINED TO DESTROY THE WETLANDS DIVISION DESERVED IT. IF YOU ARE NOT EXPERTS IN WETLANDS PRESERVATION, LET EPC STAFF DO IT. THEY HAVE THE EXPERTISE. TO DISSOLVE THE EPC WETLANDS DIVISION WOULD BE A DRASTIC MISTAKE. DO THE HONORABLE AND RIGHT THING TO APPEASE THE CITIZENS WHO HAVE NOTHING TO GAIN. WE DON'T GET FREEBEES, THE ONLY THING WE WANT IS TO PROTECT THE WETLANDS. THE PRESENT FLOODING, POLLUTION, AND REPLENISHING THE AQUIFER IS WHAT WETLANDS ARE ALL ABOUT. DO NOT ABOLISH THE WETLANDS DIVISION. IT WILL BE A POLITICAL SUICIDE, AND THAT'S NOT A THREAT, IT'S A PROMISE. THANK YOU. [APPLAUSE] >>BRIAN BLAIR: DAVID CAMPO. >> LET'S GO EAT. >>BRIAN BLAIR: OKAY. WE'LL START WITH DAVID CAMPO. >>TOM KOULIANOS: COMMISSIONER, LET ME JUST MAKE AN ANNOUNCEMENT FOR THE PEOPLE THAT ARE UP ON THE 26th FLOOR. WE DID FIND THE LIST. THEY WERE A COUPLE OF PAGES. THEY WEREN'T LOST. THEY WILL BE CALLED AFTER THIS GROUP IS CALLED. >>BRIAN BLAIR: VERY GOOD. THANK YOU VERY MUCH. WE'RE NOW ADJOURNED FOR LUNCH. WE'LL BE BACK AT 1:30. [RECESS TAKEN] 1