CAPTIONING JULY 17, 2008 ENVIRONMENTAL PROTECTION COMMISSION ***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. >>AL HIGGINBOTHAM: GOOD MORNING, EVERYONE, AND WELCOME TO THE JULY 17 MEETING OF THE ENVIRONMENTAL PROTECTION COMMISSION. WE'RE GOING TO HAVE INVOCATION BY COMMISSIONER BLAIR, AND THIS MORNING, A SPECIAL GROUP, CUB SCOUT PACK 61, DEN 11 FROM VALRICO, AND THEIR LEADER IS THEY MELISSA SNIVELY. THEY'RE GOING TO LEAD US IN THE PLEDGE, BUT COMMISSIONER BLAIR, IF YOU'D LEAD US IN INVOCATION, PLEASE RISE AND AND THEN WE'LL HAVE THE -- YOU'RE GOING TO LEAD US IN INVOCATION. THANK YOU. >>BRIAN BLAIR: SURE. HEAVENLY FATHER, THANK YOU SO MUCH FOR THIS DAY, AND WE'RE GRATEFUL FOR THESE YOUNG BOY SCOUTS THAT ARE HERE TODAY TO SAY THE PLEDGE, FOR WE ARE SO GRATEFUL FOR THIS WONDERFUL NATION THAT WE LIVE IN. FATHER, GIVE US WISDOM, KNOWLEDGE, AND UNDERSTANDING AS WE DELIBERATE THE ISSUES TODAY. HELP US TO DO WHAT WE CAN TO FOSTER A GOOD, CLEAN ENVIRONMENT, TO MAKE THE RIGHT DECISIONS, AS THEY'RE VERY TOUGH ONES TODAY, AND WE HAVE ROUGH DECISIONS EACH AND EVERY DAY. WE PRAY FOR OUR PUBLIC SAFETY, FOR THOSE HERE AND FOR THOSE ABROAD. WE PRAY THAT THEIR MISSIONS WILL BE ACCOMPLISHED OVERSEAS AND THAT THEY WILL RETURN HOME SAFELY. WE PRAY THAT YOU WOULD COMFORT THEIR FAMILIES, FATHER, AND I PRAY FOR MY COLLEAGUES AND EPC STAFF THAT ALL WORK SO HARD. THANK YOU SO MUCH, AND WE PRAY IN YOUR NAME. AMEN. >>AL HIGGINBOTHAM: TROOP, LEAD US IN THE PLEDGE, PLEASE. [PLEDGE OF ALLEGIANCE] >> GOOD JOB. >>BRIAN BLAIR: GOOD JOB, GUYS. [APPLAUSE] >>AL HIGGINBOTHAM: AND THEY'RE PART OF OUR KIDS IN THE COUNTY PROGRAM AND TOUR TODAY, AND WHAT AN ENTHUSIASTIC GROUP OF FUTURE AND YOUNG LEADERS. DR. GARRITY. >>RICK GARRITY: GOOD MORNING, COMMISSIONERS. >>AL HIGGINBOTHAM: GOOD MORNING. >>RICK GARRITY: WE HAVE ONE ADD-ON TO THE AGENDA. IT'S -- I'D LIKE TO INSERT IT AS -- RIGHT AFTER THE CONSENT AGENDA, AND THAT IS AN ITEM FROM THE LEGAL DEPARTMENT TO AUTHORIZE STAFF TO ESTABLISH SEPTEMBER 18th FOR A PUBLIC HEARING TO CONSIDER AMENDMENTS TO CHAPTER 1-10, OUR NOISE RULE. >>AL HIGGINBOTHAM: ARE THERE ANY OTHER CHANGES TO THE AGENDA? >>RICK GARRITY: NO OTHER CHANGES. >>MARK SHARPE: MOVE THE CHANGES. >> SECOND. >>AL HIGGINBOTHAM: SECOND. PLEASE RECORD YOUR VOTES. >>RECORDING SECRETARY: MOTION CARRIED 7-0. >>AL HIGGINBOTHAM: THANK YOU, MEMBERS. JUST A BIT OF HOUSEKEEPING HERE. WE'RE GOING TO ENTER INTO PUBLIC COMMENT. WE'VE GOT THREE PEOPLE WHO SIGNED UP FOR PUBLIC COMMENT. WE'RE GOING TO HAVE A PUBLIC HEARING, AS NOTED IN THE AGENDA THIS MORNING, AND WE'LL -- WE'LL OPEN FOR PUBLIC HEARING IN JUST A FEW MINUTES, BUT FOR RIGHT NOW WE'RE GOING TO HAVE PUBLIC COMMENT, AND WE'VE GOT THREE FOLKS. THIS IS PUBLIC COMMENT AS WELL? >> YES. >>AL HIGGINBOTHAM: ALL RIGHT. >> AND THIS IS PUBLIC HEARING. >>AL HIGGINBOTHAM: WE'VE GOT GUS MUENCH, IF I'VE PRONOUNCED IT CORRECTLY, STEVE ALLISON, DAVID STORCK, AND MARY BRIGHT. THIS IS FOR PUBLIC -- PLEASE COME UP. YOU HAVE THREE MINUTES, SIR. THANK YOU. >> GOOD MORNING, COMMISSIONERS. MY NAME IS GUS MUENCH. I LIVE AT 3031 MANATEE AVENUE IN RUSKIN. AT THE JUNE 19th MEETING, I MADE A REFERRAL TO A MARINE SANCTUARY FOR COCKROACH BAY. THE EPC CONTACTED ME ABOUT MEETING WITH THEM ON THAT REFERRAL. SINCE THEN IT APPEARS WE NEED TO ESTABLISH NOT A MARINE SANCTUARY BUT A COCKROACH BAY SANCTUARY FOR ALL THE UPLANDS AND ADJACENT WATERWAY. AUTHORITY -- THIS WOULD BE MANAGED BY AN AUTHORITY. THE AUTHORITY WOULD HAVE -- WOULD NOT INTERFERE WITH THE GOVERNMENT AGENCIES INVOLVED OVER THE AREA BUT WORK WITH ALL PARTNERS TO CREATE THE BEST MANAGEMENT PLANS FOR A LOW- IMPACT SANCTUARY. I'LL NOT TRY TO DETAIL INNER WORKINGS OF THAT AUTHORITY, WHICH COULD BE WORKED OUT LATER. I PLAN TO PRESENT THE IDEA TO THE SOUTHSIDE RURAL COMMUNITY PLAN NEXT WEEK ON THE 22nd. SOUTHSIDE IS WHERE THESE PROPERTIES LIE. MORE INFORMATION ON THAT CAN BE REACHED THROUGH THE WEB SITE, CRABBYADVENTURES.COM. THE PARTNERS IN THAT AUTHORITY WOULD BE THE HILLSBOROUGH COUNTY PARKS AND RECREATIONAL, SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, AND TAMPA PORT AUTHORITY, DEP AQUATIC PRESERVES, HILLSBOROUGH COUNTY EPC, HILLSBOROUGH COMMUNITY COLLEGE. OTHER PARTNERS COULD BE THE TAMPA BAY ESTUARY PROGRAM, AGENCY ON BAY MANAGEMENT, FLORIDA WILDLIFE CONSERVATION, NATIONAL AUDUBON SOCIETY. NO OTHER COUNTY CAN BOAST THAT THEY HAVE A SANCTUARY, SO I THINK THAT THIS WOULD PROBABLY OPEN THE DOOR FOR GRANT FUNDING FOR HILLSBOROUGH COUNTY TO HELP MANAGE THAT. THANK YOU VERY MUCH. >>AL HIGGINBOTHAM: THANK YOU. NEXT SPEAKER IS MR. ALLISON. >> GOOD MORNING, COMMISSIONERS. STEVE ALLISON, 205 WOODBINE AVENUE, TEMPLE TERRACE. MY COMMENTS ARE REALLY IN REGARD TO THE REASONABLE USE RULE. IS IT APPROPRIATE -- I HAVE TO GO TO A MEETING IN ST. PETERSBURG. CAN I MAKE THOSE COMMENTS AT THIS TIME? >>AL HIGGINBOTHAM: I UNDERSTAND THAT THERE'S A COUPLE PEOPLE THAT COULDN'T BE AT PUBLIC HEARING, AND WE SAID YOU COULD SPEAK DURING THIS TIME IF YOU CAN'T BE AT PUBLIC HEARING. >> OKAY. I'VE BEEN SOMEWHAT AT THE PERIPHERY OF THIS ISSUE FOR SOMETIME. A NUMBER OF MY CLIENTS RESIDE IN THE EASTERN PART OF THE COUNTY WITH TIES TO THE AGRICULTURAL COMMUNITY, AND THEY HAVE SOME PRETTY STRONG FEELINGS ABOUT THIS OVERALL ISSUE. I ONLY BECAME AWARE OF TODAY'S MEETING BY READING DEE LAYNE'S PIECE IN THE PAPER THE OTHER DAY. I STRUGGLED LAST NIGHT TO SIFT THROUGH ALL THE INFORMATION ON THE EPC WEB SITE AND GET A HANDLE ON THINGS. AND WHEN I READ THROUGH IT, MY REAL CONCERN WAS WITH THE REASONABLE UNITS PER ACRE CLAUSE OF THE RULES. AS I READ THROUGH THAT, I FELT AS IF I WERE READING THE APPLICABLE RULES THAT SHOULD GOVERN A PLANNING AGENCY AS OPPOSED TO AN ENVIRONMENTAL REGULATORY AGENCY. THESE RULES AUTHORIZE EPC STAFF TO MAKE LAND USE DETERMINATIONS WHICH SHOULD BE A PLANNING FUNCTION WITH THE ULTIMATE DECISION-MAKING AUTHORITY OF THIS BOARD WHEN YOU'RE WEARING YOUR HATS AS COUNTY COMMISSIONERS. THE RULES APPEAR TO INAPPROPRIATELY DELEGATE THAT FUNCTION TO AN ENVIRONMENTAL REGULATORY AGENCY, AND I DON'T THINK THAT THAT IS THEIR JOB. I SPOKE TO YOU A YEAR AGO. AT THAT TIME I HAD TWO PRINCIPAL ISSUES. ONE HAD TO DO WITH CATTLE PONDS BEING TREATED WITH THE SAME REGULATORY FERVOR AS PRISTINE NATURALLY OCCURRING WETLANDS. I THINK THERE'S BEEN CONSIDERABLE PROGRESS MADE IN THAT ARENA. MY OTHER ISSUE AT THE TIME HAD TO DO WITH REASONABLE USE, AND I POSED THE QUESTION OF WHY MITIGATION SHOULD ONLY BE CONSIDERED AS THE ABSOLUTE LAST RESORT. IN MY VIEW IT'S A PRACTICE THAT PRECLUDES INNOVATION, PRECLUDES THE OPPORTUNITY FOR WIN-WIN PROJECTS, THOSE BEING ONES THAT CREATE ENVIRONMENTAL BENEFITS AS WELL AS NET -- OR AS WELL AS ECONOMIC BENEFITS. FOR EXAMPLE, IF YOU OFFER A TWO-TO-ONE RATIO TO BE ABLE TO DEVELOP THE MOST ECONOMICALLY DESIRABLE PORTION OF A PROPERTY IN EXCHANGE FOR MITIGATION ELSEWHERE -- AND DR. GARRITY HAS STATED THE MITIGATION SUCCESS APPROACHES 100% NOW -- WHY SHOULD YOU NOT BE ABLE TO HAVE THAT CONSIDERED? I SEE NO PUBLIC PURPOSE OR PUBLIC INTERESTS SERVED BY THAT, AND I SEE NOTHING IN THE DOCUMENT TODAY THAT INDICATES ANY PROGRESS ON THAT ISSUE, AND I THANK YOU FOR YOUR TIME. >>AL HIGGINBOTHAM: THANK YOU, AND IF THERE'S ANYONE ELSE - - AS I MADE CLEAR WHEN PEOPLE WERE SIGNING, IF THERE'S ANYONE ELSE WHO CAN'T STAY FOR PUBLIC COMMENT -- OR PUBLIC HEARING AND WANTED TO MAKE A COMMENT DURING PUBLIC COMMENT, THEY CAN DO THAT BECAUSE I DON'T WANT TO HAVE ANYONE WHO CAN'T STAY FOR THE HEARING. OUR NEXT ONE IS DAVID STORCK, FOLLOWED BY MARY BRIGHT, AND THEN MARILYN SMITH. >> GOOD MORNING, COMMISSIONERS. DAVID STORCK, 6214 FULLENKAMP DRIVE IN PLANT CITY, FLORIDA, AND I'M HERE THIS MORNING TO -- FIRST OF ALL, I'D LIKE TO GIVE MY -- GIVE YOU-ALL A LITTLE BIT OF BACKGROUND ABOUT MYSELF. I WAS GOING TO BRING THE DOCUMENT ALONG THIS MORNING, BUT I CONSIDER IT TO BE RATHER PRICELESS. I HAVE HANGING ON MY WALL IN MY HOUSE THE DEED FOR OUR FAMILY'S FARM IN ILLINOIS FROM 1856 SIGNED BY THE 14th PRESIDENT OF THE UNITED STATES, FRANKLIN PIERCE. MY FAMILY HAS HAD THAT FARM, AND IS STILL FARMING THAT SAME LAND TODAY. I BELIEVE THAT MY GRANDFATHER IN 1922 WAS ONE OF THE COFOUNDERS OF THE ILLINOIS FARM BUREAU, PROBABLY ONE OF THE FIRST ENVIRONMENTAL ORGANIZATIONS TO EVER BE FORMED IN THE UNITED STATES, SO MY FAMILY'S BEEN INVOLVED WITH FARMING MY ENTIRE LIFE, AND I AM CONTINUING THAT PROCESS HERE IN FLORIDA. MY CONCERNS ARE WITH A NEIGHBOR OF MINE, KELLY WISHAU. SHE BOUGHT A PIECE OF PROPERTY IN 1999 THAT WAS DECLARED THERE WERE NO JURISDICTIONAL WETLANDS ON THIS PROPERTY. SINCE THAT TIME SHE HAS LIVED THROUGH HELL. THEY HAVE TREATED HER WITH DISRESPECT, THEY HAVE -- THEY CAME OUT IN 2004 OR PRIOR TO 2004 AND TOLD HER TO FILL IN AN HISTORIC DITCH. WHEN THE HURRICANES CAME IN 2004 -- AND YOU HAVE PACKETS IN FRONT OF YOU THAT SHOW AERIAL PHOTOS OF THIS PROPERTY -- HER PROPERTY FLOODED, AND HUNDRED-YEAR-OLD OAK TREES DIED BECAUSE OF THAT. NUMEROUS TREES DIED. AERIAL PHOTOS WILL SHOW YOU THERE THE GREEN, LUSH WOODED AREA PRIOR TO THE 2004, AND AFTER 2004 NOW WE HAVE DEAD TREES. I WAS WITH HER IN JUNE OF 2007 WHEN AN EPC MAN CAME ON THE PROPERTY AND BASICALLY LEFT WITH THE WORDS, YOU ARE NOT ALLOWED TO WALK ON THIS PROPERTY WITHOUT CALLING AND GETTING PERMISSION. THREE WEEKS AGO BOB INCH, AN EPC EMPLOYEE, PULLED OFF OF CORK ROAD INTO A NEIGHBOR'S PROPERTY, RAN ACROSS THE PROPERTY TO THE BACK FENCE WHERE TWO MEN WERE CUTTING UP SOME OF THESE TREES THAT DIED BECAUSE OF THAT FLOODING, AND THREATENED THEM AND TOLD THEM THAT IF THEY DIDN'T STOP, THEY WOULD BE CITED. NOW, FOLKS, KELLY'S OUT THERE TRYING TO MAKE A LIVING RAISING CATTLE. I'VE LIVED OUT THERE 22 YEARS. I SAW THAT PROPERTY PRIOR TO HER PURCHASE. CATTLE HAVE BEEN ON THAT PROPERTY SINCE IT WAS THERE, AND I -- I'M GOING TO END, AND I'M SORRY. >>AL HIGGINBOTHAM: ALL RIGHT. WE'RE GOING TO REFER THIS TO DR. GARRITY AND ASK THAT YOU GET WITH THESE FOLKS AFTER THE MEETING, BUT THANK YOU, MR. STORCK. >> THANK YOU. >>AL HIGGINBOTHAM: MARY BRIGHT. >> GOOD MORNING. >>AL HIGGINBOTHAM: GOOD MORNING, MS. BRIGHT. >> WHAT I'D LIKE TO SAY IS THAT WITH THE ECONOMY IN THE STATE THAT IT'S IN, WE NEED TO PROTECT OUR RESOURCES NOW MORE THAN EVER. WE NEED TO -- PEOPLE NEED TO BE ABLE TO GO FISHING TO PROVIDE FOOD FOR THEMSELVES BECAUSE THEY CAN'T AFFORD THE PRICES IN THE GROCERY STORE, WE NEED TO HAVE THE GREENSPACE FOR PEOPLE TO BE ABLE TO GO PLACES TO RELAX BECAUSE THEY'RE STRESSED ABOUT THEIR ECONOMIC -- ABOUT THEIR FINANCES, AND WITH ALL THE DEVELOPMENT THAT WE'VE HAD IN THE LASTS, YOU KNOW, TEN, 20 YEARS, WE HAVE -- WE'VE LOST A LOT OF GREENSPACE, AND NOW HOMES ARE SITTING EMPTY, AND, YOU KNOW, WHERE IS ALL THE WILDLIFE THAT'S BEEN RELOCATE -- NOT EVEN RELOCATED, THEY'VE BEEN KILLED. THEY'VE LOST THEIR HOMES. AND SO WE NEED TO SAVE THE -- WE NEED TO FOCUS ON SAVING THE ENVIRONMENT NOW. THIS IS NOT THE TIME TO WEAKEN OUR -- OUR WETLANDS RULES AND OUR ENVIRONMENTAL PROTECTION AGENCY ANY FURTHER THAN WE'VE ALREADY DONE. THANK YOU VERY MUCH. >>AL HIGGINBOTHAM: THANK YOU, MA'AM. AND OUR LAST SPEAKER FOR PUBLIC COMMENT -- AND AGAIN, IF THERE'S SOMEONE WHO CAN'T STAY FOR HEARING, THESE -- I SEE TWO HANDS GOING UP. DR. GARRITY, YOUR STAFF HAD PROVIDED ME WITH PEOPLE SPECIFICALLY WHO HAD SIGNED UP FOR PUBLIC COMMENT AND FOR PUBLIC HEARING. I HAVE TWO HANDS OF PEOPLE WHO SAID THAT THEY'VE BEEN DENIED THE OPPORTUNITY TO SPEAK. IF YOU COULD -- OKAY. THE NEXT PERSON IS MARILYN SMITH. WHOEVER YOUR STAFF PERSON IS HANDLING THAT, WOULD YOU GET WITH THEM SO WE GET THIS CORRECT? >>RICK GARRITY: YES. >> SHE'LL FIX IT. NOT TO WORRY. ARE WE READY? START THE CLOCK. [LAUGHTER] BONGIORNO. ONCE AGAIN, I MUST TELL YOU MY -- MY RIGHTS ARE BEING IMPINGED UPON. THIS IS NOT A BIBLE CLASS, AND BRIAN, YOU GOTTA STOP DOING IT, BECAUSE IF YOU'RE GOING TO SIT THERE AND SAY FATHER THIS, FATHER THAT, MENTION A WAR, WE'RE NOT HERE FOR THAT. THAT IS NOT YOUR JOB. PLEASE STOP IT. THE CONSTITUTION DOESN'T ALLOW YOU TO DO THAT TO ME. AND IF YOU'RE ALWAYS SAYING FATHER THIS, FATHER THAT -- I ASK YOU AGAIN WHEN DID HE TELL YOU TO DECIMATE MY WETLANDS FOR THE MONEY CHANGERS IN THE TEMPLE? OKAY. NOW, WE HAVE A RULE COMING UP THAT WE DON'T NEED TO MESS WITH. WE HAVE ALREADY TAKEN ANOTHER MILLION DOLLARS OUT OF THE BUDGET OF OUR EPC. SOME OF YOU PEOPLE HAVEN'T GOT THE SENSE OF A RABBIT. HOW DO YOU EXPECT US TO GO FORWARD WITHOUT A PROTECTED ENVIRONMENT? AND THIS POPPYCOCK BACK HERE FROM EX-EMPLOYEES FROM THIS COUNTY IS JUST TOO RIDICULOUS. THEY KNOW BETTER. WE HAVE TO HAVE EPC AND THE ZONING PROCESS TO MAKE SURE THAT THINGS ARE SAFEGUARDED ALL ALONG. IT'S NOT JUST THE GUYS MOVING THE DIRT THAT ARE PROTECTED, IT'S EVERYBODY. IT'S OUR DRINKING WATER. WETLANDS ARE ELEMENTAL TO OUR SURVIVAL, AND YOU START EKING AWAY AT THE LITTLE WETLANDS, LITTLE WETLAND, PRETTY SOON, WELL, THOSE DON'T COUNT. DON'T YOU GET IT? WHERE WERE YOUR SCIENCE CLASSES? EVERYTHING IS CONNECTED. NOW, IF YOU DIDN'T TAKE A SCIENCE CLASS, YOU BETTER GO BACK AND START BECAUSE SOME OF YOU ARE JUST DIRT-ROCK STUPID, AND WE'RE TIRED OF HAVING TO TELL YOU OVER AND OVER AND OVER AGAIN. I'M NOT A KINDERGARTEN TEACHER, AND I DON'T WANT TO BE ONE, BUT I FEEL LIKE ONE ON MANY OCCASIONS WHEN I STAND BEFORE YOU. NOW, PLEASE LEAVE IT ALONE. LET'S LET IT SIT WHERE IT IS. IT'S FINE. YOU'VE ALREADY DONE JUST ABOUT AS MUCH DAMAGE AS YOU CAN DO, AND DON'T MESS WITH THE BUDGET FOR THE EPC. YOU'VE ALREADY DONE TOO MUCH. THIS THING ABOUT DOWNTURN, WELL LA-DI-DA. THINGS COME AND GO, BUT THAT DOESN'T MEAN YOU DECIMATE MY ENVIRONMENT TO SATISFY THOSE WITH GREEN BUCKS WHO'VE COME BEFORE YOU AND WAVE THEM UNDER YOUR NOSE. AND BRIAN, DON'T SEND ME ANYMORE INVITATIONS TO COME TO A FUNDRAISER FOR YOU. I'M VERY OFFENDED. I WOULD NEVER GIVE YOU A DIME. [LAUGHTER] [APPLAUSE] >>AL HIGGINBOTHAM: I'M WAITING FOR SOME -- DO I HAVE SOME ADDITIONAL CARDS ON PUBLIC COMMENT? >>RICK GARRITY: I THINK THERE'LL BE ONE UP HERE IN A SECOND. >>AL HIGGINBOTHAM: OKAY. YEAH, AND I'LL ASK IF WE HAVE ANY OTHER PERSONAL ATTACKS, JUST TO BE RESPECTFUL FOR THE MEMBERS OF THE AUDIENCE AND THE COMMISSION. >>RICK GARRITY: I THINK THERE'S JUST ONE COMING UP, COMMISSIONER. >>AL HIGGINBOTHAM: OKAY. >> OUR CARDS ARE BACK THERE, COMMISSIONERS. WE'LL MAKE SURE THERE'S TWO CARDS FOR THIS, BUT WE ALREADY SIGNED UP, AND SOMEHOW THEY DIDN'T -- >>AL HIGGINBOTHAM: STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE. >> GOOD MORNING. MY NAME IS DENISE LAYNE, 2504 AYERS HILL COURT, AND I'M HERE ACTUALLY FOR TWO REASONS IN PUBLIC COMMENT. I WANT YOU TO UNDERSTAND WHAT YOUR BUDGET CUTS ARE ACTUALLY DOING OUT IN THE REAL WORLD. I MET LAST NIGHT WITH 30 LUTZ RESIDENTS ON SOME WETLANDS ISSUES AROUND A LAKE WHERE THERE'S AN ATV TRAIL AND THE WETLAND BEING DESTROYED OVER A WEEKEND, OVERNIGHT. EPC IS TRYING TO HANDLE THE CALLS, BUT THEIR STAFF IS BEING CUT, THEY'RE NOT BEING ABLE TO DO THEIR JOB AS WELL AS THEY DID BEFORE, AND WHAT WE WARNED YOU ABOUT A YEAR AGO IS IF YOU KEEP CUTTING, YOU'RE GOING TO CUT SERVICE, YOU'RE GOING TO CREATE A NEED, HEY, THEY CAN'T DO THEIR JOB, WHY DO WE HAVE THEM? WE WERE WARNING YOU NOT TO LET THIS HAPPEN. WE NEEDED EPC TO STAY WHOLE, WE NEEDED THE WETLANDS DIVISION TO STAY STAFFED AND FUNDED TO BE ABLE TO DO THEIR JOB. I WOULD LIKE STAFF TO CONTACT A GENTLEMAN BY THE NAME OF STEVE KAPLAN, AND I HAVE HIS ADDRESS, THAT LIVES IN LUTZ THAT HAS CALLED EPC STAFF BEFORE, AND WHAT I'M HEARING OUT THERE IS WE'RE JUST NOT GETTING THE SERVICE WE GOT TWO YEARS AGO. I MEAN, FLAT NOT GETTING IT. EPC DOES RESPOND, AND IT'S NOT THAT THEY'RE NOT TRYING, THEY DON'T HAVE THE WHEREWITHAL, SO I DO ECHO MARILYN SMITH'S ABOUT THE BUDGET. YOU CAN'T TOUCH ANOTHER DIME OF THIS ORGANIZATION RIGHT NOW, YOU CAN'T, OR YOU WILL NOT HAVE YOUR PROTECTION. I THINK WITH THAT SAID, STAFF IS DOING A GOOD JOB, AN ADMIRAL JOB WITH WHAT THEY'VE GOT, THE RESOURCES THEY'VE GOT. THE ENVIRONMENT IS MORE IMPORTANT NOW THAN EVER TO PROTECT BECAUSE OF ALL THE -- THE LULL THAT'S GOING ON. THE FIRST ATTEMPT IS TO CUT ENVIRONMENT, EVERY TIME THERE'S BUDGET, ALWAYS THE ENVIRONMENTAL BUDGET GETS CUT, AND I KNOW YOU ARE NOT THE COUNTY COMMISSION TODAY, BUT YOU HAVE THAT POWER IN YOUR HEAD TO THINK THAT WAY TONIGHT AT THE HEARING. BUT AS EPC BOARD, I WOULD HOPE THAT YOU WOULD ADVISE YOUR COUNTY COMMISSIONERS THAT YOU DON'T WANT IT CUT. THAT IS YOUR JOB. YOU'RE A SEPARATE BOARD FROM THE COUNTY COMMISSION, AND I WOULD LOVE TO SEE YOU-ALL MAKE A RECOMMENDATION OF PLEASE NO MORE CUTS IN THIS DEPARTMENT. THANK YOU. [APPLAUSE] >>AL HIGGINBOTHAM: ALL RIGHT. WE'RE GOING TO CUT -- I'LL HAVE YOU AND THEN THE GENTLEMAN IN THE WHITE SHIRT, AND THEN THAT'LL BE IT FOR PUBLIC COMMENT. >> MINE'S NOT EVEN FOR WETLANDS. I TURNED IT IN TO TOM. >>AL HIGGINBOTHAM: ALL RIGHT, STAFF. YOU KNOW, I DON'T LIKE THIS, AND I'M GOING TO ASK -- YOU KNOW, I MADE THIS CLEAR AHEAD OF TIME THAT I WANTED THESE PUBLIC COMMENT CARDS FILLED IN BECAUSE THE PUBLIC FEELS IMPORTANT -- IT IMPORTANT TO THEM TO MAKE COMMENT DURING THIS TIME, SO LET'S GET THAT -- MADAM, PLEASE STATE YOUR NAME. >> HELLO. MY NAME IS DENA LEAVENGOOD, AND I AM A RESIDENT OF THE CITY OF TAMPA, 3007 WEST CHAPIN AVENUE IN SOUTH TAMPA. I'M HERE TODAY TO TALK TO YOU ABOUT THE BUDGET CUTS AS WELL, AS -- I'M VERY CONCERNED, AND AS -- SITTING AS THE EPC, I HOPE THAT YOU WILL, IN FACT, SUPPORT ENCOURAGING FULLY FUNDING THE EPC BECAUSE IT'S INCREDIBLY IMPORTANT TO KEEP IT INDEPENDENT AND STRONG AND TO BE ABLE TO DO WHAT IT NEEDS TO DO. LIVING IN THE CITY OF TAMPA, I CAN TELL YOU WE DON'T HAVE THE SAME WETLANDS PROTECTIONS IN THE SAME WAY, AND WE ARE ALWAYS SUFFERING FLOODING AND OTHER PROBLEMS AS A RESULT OF DEVELOPMENT IN THE NEIGHBORHOODS, SO PLEASE, THIS IS REALLY IMPORTANT AS A PART OF YOUR JOB. BUT WHAT I'D REALLY LIKE TO SPEAK ABOUT DURING THIS PORTION IS ABOUT ONE BAY, WHICH WE'VE ALL BEEN INVOLVED IN TO WHICH I'VE SPOKEN BEFORE BEFORE YOU, BUT NOW I WANTED TO MAKE SURE THAT THE PUBLIC IS AWARE AND THAT YOU ARE AWARE AND THAT YOU PERSONALLY AND YOUR FAMILIES AND FRIENDS AND YOUR NEIGHBORHOODS ARE FILLING OUT THE QUESTIONNAIRE THAT IS ON- LINE AT MYONEBAY.COM WITH THE FOUR SCENARIOS THAT HAVE BEEN CREATED WITH A YEAR'S WORTH OF PROCESS IN THE SEVEN-COUNTY REGION TO TALK ABOUT WHAT OUR FUTURE WILL LOOK LIKE IN 2050. THIS IS A REGIONAL VISIONING PROCESS THAT HAS BEEN GOING ON FOR OVER A YEAR NOW, AND THEIR PUBLIC PORTION OF THIS PROGRAM WHERE PEOPLE CAN ACTUALLY COMMENT ON THE FOUR SCENARIOS THAT HAVE BEEN CREATED IS AVAILABLE ON-LINE, AND WE ENCOURAGE EVERYBODY TO DO IT, AND WE HOPE THAT YOU WILL TAKE THE OPPORTUNITY AS A PARTNER WITH ONE BAY TO ENCOURAGE YOUR CONSTITUENTS TO DO THIS BEFORE MID-AUGUST SO THAT WE HAVE OVER 10,000 PEOPLE CONTRIBUTE TO THE SURVEY TO TELL US WHAT WE WANT OUR FUTURE TO LOOK LIKE. AND AS A PART OF THAT FUTURE, IT'S SORT OF INTERESTING, THE THINGS THAT WE'RE LOOKING AT AS INDICATORS ARE TOTAL LAND CONSUMED, AGRICULTURAL LAND IMPACTED, WETLANDS IMPACTED, VEHICLE MILES TRAVELED, AUTOMOBILE TRIPS GENERATED, WATER DEMAND, AND ELECTRICITY USAGE. WETLANDS IMPACTED IS ONE OF THE MAJOR INDICATORS HERE, SO, AGAIN, AS EPC, ALL OF THESE THINGS ARE THINGS THAT YOU ARE OUR STEWARDS OF IN OUR COUNTY, AND IT'S REALLY IMPORTANT FOR US TO HAVE THE OPPORTUNITY TO MAKE SURE THAT WE PROTECT OUR WETLANDS FOR THE FUTURE, SO AS A PART OF YOUR RESPONSIBILITIES, WE DO APPRECIATE YOU HELPING PEOPLE TO KNOW ABOUT THE OPPORTUNITY TO WORK ON VOICE IT AND TO FILL OUT THE SURVEY ON-LINE AT MYONEBAY.COM OR TO ASK FOR COPIES OF THE SURVEY TO DO IN HARD, OR YOU CAN REQUEST A SPEAKER TO COME AND TELL YOU ABOUT THE FOUR SCENARIOS THAT ARE PROPOSED SO THAT YOU CAN TAKE A LOOK AT THEM AND TELL THEM WHAT YOU LIKE, WHAT YOU DON'T LIKE, AND WHAT IS IMPORTANT TO YOU. THANK YOU VERY MUCH. >>AL HIGGINBOTHAM: THANK YOU, MS. LEAVENGOOD, AND WE GOT A CLARIFICATION THAT SOME OF THE FOLKS HAVE CHANGED FROM PUBLIC HEARING TO PUBLIC COMMENT, AND THE NEXT PERSON I HAVE IS JOE REDNER. >> JOE REDNER, 1310 ALICIA. THERE THERE'S NOTHING ON THAT FORM THAT DISTINGUISHES BETWEEN THE PUBLIC COMMENT AND HEARING COMMENT. >>AL HIGGINBOTHAM: IT'S AN AGENDA ITEM, SIR. THERE'S AN AREA WHERE IT'S MARKED. >> WELL, MY PUBLIC COMMENT IS GOING TO BE ON AN AGENDA ITEM. I'M NOT GOING TO BELABOR THE POINT BECAUSE THE SCUTTLEBUTT IS THAT YOU'RE GOING TO ACCEPT THE -- AND I DON'T KNOW HOW TRUE IT IS -- ACCEPT THE RECOMMENDATION, BUT I BELIEVE IT'S IMPORTANT TO HAVE AS MANY PROCESSES IN PLACE TO PROTECT THE WETLAND AS IT TAKES. I UNDERSTAND THE NEED TO BE PRACTICAL, BUT THE REPERCUSSIONS IF WE DON'T PROTECT THE WETLANDS ARE TOO SEVERE TO TAKE ANY TYPE OF A CHANCE. I HEARD A GENTLEMAN TALK ABOUT A WIN-WIN SITUATION, MITIGATION. THERE IS NO WIN-WIN SITUATION THAT DESTROYS NATURAL WETLANDS. THAT'S A LOSE-LOSE PROJECT SITUATION. AND THEN I HEARD ANOTHER ONE TELL YOU A STORY ABOUT CATTLE DITCHES, BUT THOSE -- THAT'S -- THOSE ARE ANOMALIES, AND THOSE -- THEIR PURPOSE IS TO DESTROY THE WETLANDS, I BELIEVE. I'M NOT GOING TO BELABOR THE POINT. I BELIEVE THERE'S OTHER FINE FOLKS WHO ARE GOING TO COME UP HERE AND TELL YOU ALL THE THINGS YOU SHOULD HEAR AND WHAT YOU SHOULD DO, BUT I WOULD ACCEPT THE RECOMMENDATIONS. THANK YOU. >>AL HIGGINBOTHAM: THANK YOU, SIR. AND THE LAST SPEAKER IS JANET DAUGHTERY. >> [INAUDIBLE] >> YOU SKIPPED THE GENTLEMAN THAT WAS THERE. >>AL HIGGINBOTHAM: I'VE GOT JANET DAUGHTERY. >> FOR THE RECORD, MY NAME IS JANET DAUGHERTY, FORMERLY JANET KOVACH. I RESIDE AT 8214 REVELS ROAD. I AM HERE TO -- FIRST OF ALL, I'D LIKE TO OFFER MY PRAYERS AND THOUGHTS TO HOOSHANG BOOSTANI, WHO'S AN EPC STAFFPERSON WHO'S IN THE HOSPITAL. I REALLY ENJOYED WORKING WITH EPC STAFF THROUGH THE YEARS, BEEN SUPPORTIVE OF ALL OF THEIR INITIATIVES, SO IF EVERYONE COULD KEEP HIM IN THEIR THOUGHTS. ANOTHER SIDE BAR IS I HOPE THIS BOARD GETS WITH BART WEISS. I HAD HEARD FROM SOMEBODY DOWN AT THE SOUTHERN END OF THE DISTRICT THAT THE WATER MANAGEMENT DISTRICT PLANS TO PUT FORWARD AN INITIATIVE TO HAVE THE EXECUTIVE DIRECTOR SINGLE-HANDEDLY BE ABLE TO ISSUE A WUP OR AN ERP, AND I THINK THIS BOARD NEEDS TO WEIGH IN ON THAT AND UNDERSTAND THAT. I THINK IT NEEDS TO GO IN FRONT OF THE GOVERNING BOARD, NOT A SINGLE PERSON. I'M HERE TODAY BEFORE YOU BECAUSE OF SOME -- QUITE BEING FRUSTRATED HERE, I CAME BEFORE YOU ABOUT YOUR YARD WASTE, 10,000 TRAILER TRUCKLOADS OF YOUR YARD WASTE THAT HAS BEEN PUT INTO A SIGNIFICANT WILDLIFE HABITAT, WHICH IS THIS. PGM HAS AN ONGOING ENFORCEMENT AGAINST IT. EPC DOES AS WELL. THEY MET WITH THE PROPERTY OWNER. THIS IS THE PROPERTY OWNER. HE HAS BEEN CITED MULTIPLE TIMES, BESIDES THE NEW EIGHT CITINGS, FROM 2002 ON UP TO 2008, PROBABLY 16 DIFFERENT ONES CONCERNING THIS PROPERTY WHERE HE FILLED A SIGNIFICANT WILDLIFE HABITAT. DR. GARRITY WENT OUT THERE WITH HOOSHANG AND ANDY. I WAS VERY IMPRESSED. HE SAID IT WAS TEN FEET THICK AND THERE WERE PALLETS OUT THERE, WHICH MAKES IT A SOLID WASTE FACILITY. NORMAL FARMING OPERATIONS IS CONSIDERED A SOLID WASTE FACILITY BECAUSE TIPPING FEES HAVE BEEN TAKEN FOR THIS MATERIAL. HE ABSOLUTELY PROMISED ME THAT ON JUNE 7th, AFTER THEIR CONSENT ORDER WAS FINISHED, THAT THEY WOULD BE UNDER ENFORCEMENT. THE APPLICANT DID NOT PUT FORWARD ANY TYPE OF WRITTEN FORMAL AUTHORIZATION OR EXTENSION WHICH HE HAS TO HAVE EXTENUATING CIRCUMSTANCES AND WAS GIVEN A DE FACTO EXTENSION, AND I'VE ASKED FOR DEFINITIONS OF "BENEFICIAL USE," THE TWO-FOOT EXTENSION FROM EPC, RON COPE, DEP AT THE HEAD LEVEL IN TALLAHASSEE, AND DEP AT THE LOCAL LEVEL. THERE ARE NO BENEFICIAL USES. THERE'S NO SCIENCE BEHIND THIS. LO AND BEHOLD LAST NIGHT A MEMO COMES FROM SOMEBODY FROM -- A PERSON AT IFAS SAYING THERE'S A BENEFICIAL USE TO HAVE IT AT FIVE FEET TALL, WHICH NOW EVERY SINGLE TREE OUT HERE IS DEAD. OF COURSE, THEY'RE GOING TO GROW PALM TREES IN IT FOR SEVEN YEARS. THERE HAS BEEN NO AG PLAN. DEP ABSOLUTELY SAID THEY WOULD NOT ISSUE ANY TYPE OF EXTENSION OR WAIVER. BOTTOM LINE IS I'D LIKE TO TALK TO EACH AND EVERY ONE OF YOU. THIS IS GOVERNMENT ABSOLUTELY SAYING AS I DO -- DO AS I SAY, NOT AS I DO. THAT'S 10,000 TRAILER TRUCKLOADS FOR SEVEN YEARS. IT'S SOLID WASTE. TIPPING FEES ARE BEING TAKEN. YOU FILLED A SIGNIFICANT WILDLIFE HABITAT, YOU FILLED WES OF WETLANDS, AND THE REALITY IS IT'S BECAUSE THIS PROPERTY OWNER THREATENED TO SUE THE COUNTY AND SUE YOUR VENDOR IN THE SOLID WASTE DEPARTMENT. I HAVE VOLUMES OF MATERIAL FROM SOLID WASTE AND EPC AND I'D LIKE TO MEET WITH ALL OF YOU. >>AL HIGGINBOTHAM: THANK YOU, MA'AM. >> THANK YOU. >>AL HIGGINBOTHAM: AND I HAVE ONE LAST PERSON WHO'S SIGNED UP, AND THEN WE'RE GOING TO MOVE ON THROUGH OUR AGENDA. THIS IS HERBERT BELCHER, AND THIS ONE IS PUBLIC COMMENT. >> YES. I'LL MAKE MINE FAST. MY NAME IS HERBERT BELCHER, 617 PENN NATIONAL ROAD, SEFFNER, FLORIDA. TO DO AWAY WITH EPC OR TO HAMPER THEM IN ANY WAY JUST DOESN'T MAKE SENSE. EVERYBODY ELSE HAS STOLE MY THUNDER, SO I'M NOT GOING TO BELABOR THE ISSUE. YOU -- WE JUST CAN'T CUT THEM AND THEN SAY THEY DON'T DO THEIR JOBS. WE WOULD APPRECIATE HELP. >>AL HIGGINBOTHAM: THANK YOU, SIR. THAT WILL END PUBLIC COMMENT. WE HAVE ONE -- ALL RIGHT. THAT ENDS PUBLIC COMMENT. RICK TSCHANTZ, YOU HAVE A REPORT. I UNDERSTAND, MR. JELLERSON IS NOT HERE. EXCUSE ME. WE'VE GOT A LIGHT. MR. BLAIR. >>BRIAN BLAIR: I JUST WANTED TO REMIND MS. JANET THAT SHE CAN CALL MY OFFICE AND MAKE AN APPOINTMENT, AND ALSO -- PLEASE DO THAT, JANET. AS MS. WISHAU, VERY INTERESTING IN THAT ISSUE RIGHT THERE. WHEN WOULD BE THE PROPER TIME TO -- >>AL HIGGINBOTHAM: I WOULD SUGGEST YOU GET WITH COUNSEL AND SPEAK TO THEM. THERE'S -- >>RICHARD TSCHANTZ: COMMISSIONER, WE WOULD -- WE WOULD LIKE TO RESPOND TO THAT CASE. THERE IS A PENDING CITATION WHICH COULD COME BACK BEFORE THIS BOARD. MS. WISHAU COULD LOSE HER RIGHT TO THAT PROCESS IF THE BOARD DEBATES THIS CASE. WE CAN SPEAK TO YOU ABOUT IT -- >>BRIAN BLAIR: YES. >>RICHARD TSCHANTZ: -- IF IT'S PROPER, BUT WE WANT TO MAKE SURE WE KEEP THE BOARD IN ITS RIGHT POSTURE IN CASE THAT CASE DOES NOT GET SETTLED AND COMES BACK BEFORE THIS BOARD IN AN ADMINISTRATIVE ENFORCEMENT ACTION. >>BRIAN BLAIR: OKAY. >>AL HIGGINBOTHAM: ALL RIGHT. THANK YOU. MR. TSCHANTZ, CEAC REPORT, PLEASE. >>RICHARD TSCHANTZ: YES. DAVID JELLERSON, THE CHAIR OF CEAC AND ALSO THE CHAIR OF THE WETLAND ADVISORY COMMITTEE, WHO HAD A JOINT MEETING ON JULY -- IN JULY 7th, COULD NOT BE PRESENT. HE'S GIVEN A REPORT, BUT WHAT I'D LIKE TO DO IS SIMILAR TO THE PUBLIC COMMENT, I'D LIKE TO SPLIT THIS REPORT UP INTO TWO SECTIONS BECAUSE PART ONE DEALS WITH THE PUBLIC HEARING ON THE RULE, AND SO I'D LIKE TO READ THAT INTO THE RECORD DURING THE PUBLIC HEARING, SO I WILL JUST READ PART TWO OF THIS THAT HAS TO DO WITH THE POLLUTION RECOVERY FUND PROJECT AT THIS TIME. AND I'LL READ THE REST OF THAT REPORT WHEN WE GET TO THE PUBLIC -- PUBLIC HEARING. THIS PART TWO DOES REFER BRIEFLY, HOWEVER, TO THE PUBLIC HEARING ALSO. FOLLOWING THE VOTE ON THE WETLAND RULE AMENDMENTS, THE WETLAND ADVISORY COMMITTEE STAKEHOLDERS GROUP ADJOURNED, CEAC BEGAN OUR ANNUAL REVIEW OF THE POLLUTION RECOVERY GRANT APPLICATIONS. THERE ARE 17 APPLICATIONS REQUESTING ABOUT $1 MILLION. FUNDS AVAILABLE FOR GRANT AWARDS TOTAL JUST OVER $600,000. REVIEW OF THE APPLICATIONS INCLUDE PRESENTATIONS BY THE APPLICANTS AND WILL CONTINUE FOR THE NEXT TWO CEAC MEETINGS. THAT WAS THE PART THAT DEALT JUST WITH CEAC, AND WE WILL READ THE PART ONE WHEN WE GET TO THE PUBLIC HEARING. >>AL HIGGINBOTHAM: THANK YOU. ANY OTHER COMMENTS FROM CEAC? ALL RIGHT. THANK YOU. >>RICHARD TSCHANTZ: NO. >>AL HIGGINBOTHAM: COMMISSIONER BLAIR HAD TO STEP OUT FOR A MEETING CONFLICT AND WILL BE BACK LATER DURING THE MEETING THIS MORNING. DR. GARRITY. >>RICK GARRITY: CONSENT AGENDA, COMMISSIONERS. >>AL HIGGINBOTHAM: AND DID WE -- DID WE VOTE ON THE NOISE ORDINANCE RULE? >>RICHARD TSCHANTZ: THAT WILL COME NEXT. >>AL HIGGINBOTHAM: OKAY. ALL RIGHT. NEED A MOTION TO ACCEPT CONSENT. >>MARK SHARPE: MOVE CONSENT. >> SECOND. >>AL HIGGINBOTHAM: PLEASE RECORD YOUR VOTES. >>RECORDING SECRETARY: MOTION CARRIED 6-0. >>AL HIGGINBOTHAM: THANK YOU. DR. GARRITY. >>RICK GARRITY: AND THEN NEXT, COMMISSIONERS, RICK TSCHANTZ WILL PRESENT THE REQUEST TO HAVE A PUBLIC HEARING ON THE NOISE RULE IN SEPTEMBER. >>RICHARD TSCHANTZ: YES, COMMISSIONERS. I THINK WE'VE COME TO YOU A COUPLE TIMES INDICATING THAT WE ARE REWRITING OUR NOISE RULE. WE'VE BEEN DOING THAT FOR QUITE SOMETIME. WE WOULD LIKE A VOTE THIS MORNING TO AUTHORIZE STAFF TO ESTABLISH SEPTEMBER 18th, 2008, AS A DATE FOR THE PUBLIC HEARING FOR AMENDMENTS TO CHAPTER 1-10, THE EPC NOISE RULE. WE'LL BE BRINGING THAT -- WE'LL HAVE A WORKSHOP THIS EVENING, AND THERE'LL BE OTHER COMMENTS TAKEN. WE'D LIKE TO BRING THAT TO THE BOARD IN SEPTEMBER. >>AL HIGGINBOTHAM: THANK YOU. >>MARK SHARPE: MOVE STAFF RECOMMENDATION. >>ROSE FERLITA: SECOND. >>AL HIGGINBOTHAM: COMMISSIONER FERLITA, YOUR LIGHT. >>ROSE FERLITA: NO, SIR, I WAS TRYING TO BEAT HIM TO THIS ISSUE, AND I'M SORRY, MR. TSCHANTZ, I JUST WANT TO SAY SOMETHING ABOUT WHAT WAS DISCUSSED EARLIER, BUT ONCE WE MOVE THIS OFF THE TABLE, I'D LIKE TO MAKE A COMMENT -- >>AL HIGGINBOTHAM: CERTAINLY. >>ROSE FERLITA: -- SEPARATE AND DIVORCED FROM THIS ISSUE. >>AL HIGGINBOTHAM: ALL RIGHT. PLEASE RECORD YOUR VOTES. >>RECORDING SECRETARY: MOTION CARRIED 6-0. >>AL HIGGINBOTHAM: COMMISSIONER FERLITA. >>ROSE FERLITA: THANK YOU, MR. CHAIRMAN. MR. TSCHANTZ, I HATE TO PUT YOU ON THE SPOT HERE. I KNOW THAT TYPICALLY YOU WILL DEAL WITH ISSUES AFTER THE MEETING TO KEEP THE MEETING GOING, BUT I FEEL THAT IN ALL FAIRNESS, THE COMMENTS THAT MY FRIEND, MR. STORCK, MADE WARRANT SOME RESPONSE IF THAT'S POSSIBLE. I CAN CERTAINLY APPRECIATE THE HISTORY THAT HE'S PROUD OF IN TERMS OF HIS FAMILY AND THEIR RICH HISTORY IN FARMING AND TO BE UPSET THAT SOMETHING HAS OCCURRED THAT PERHAPS HE DIDN'T AGREE WITH, BUT IT WOULD BE PRESUMPTIVE OF ME TO ASSUME THAT WHAT AN EMPLOYEE DID OF EPC REPRESENTS EPC, AND THERE ARE ALWAYS TWO ISSUES, AND I LIKE TO BE FAIR ABOUT LISTENING TO BOTH SIDES, SO I DON'T KNOW IF THAT'S SOMETHING YOU CAN EXPAND ON, BUT I THINK IT'S NECESSARY THAT I GIVE YOU THAT OPPORTUNITY. >>RICHARD TSCHANTZ: YEAH. I THINK YOU MIGHT HAVE BEEN READING SOMETHING. COMMISSIONER BLAIR ALSO BROUGHT UP THAT ISSUE A SECOND AGO, AND WE WOULD LIKE TO RESPOND TO MR. STORCK ON BEHALF OF MS. WISHAU, BUT I INDICATED THAT THERE'S A PENDING ADMINISTRATIVE ENFORCEMENT ACTION, AND WITH THAT ACTION PENDING, IF IT ISN'T SETTLED, IT COULD COME BACK BEFORE THIS BOARD -- >>ROSE FERLITA: AND I UNDERSTAND THAT, BUT AT LEAST MENTAL NOTE-WISE, AT THE TIME THAT YOU'RE ABLE TO EXPLAIN THIS TO THE LISTENING AUDIENCE, WE OUGHT TO DO THAT AT A LATER TIME ON A DIFFERENT AGENDA. >>RICHARD TSCHANTZ: YES, THERE IS A DIFFERENT SIDE ON THAT. >>ROSE FERLITA: OKAY. I APPRECIATE THAT EXPLANATION. THANK YOU, MR. TSCHANTZ. >>AL HIGGINBOTHAM: THANK YOU. COMMISSIONER NORMAN. >>JIM NORMAN: AND ALSO, MAYBE COMMISSIONER FERLITA WAS SAYING THIS OR NOT, BUT REMOVING YOURSELF FROM THAT CASE, IT'S THE CUSTOMER SERVICE END AND DEALING IN A -- IN A REAL INFORMING WAY TO THE PUBLIC INSTEAD OF A -- A POLICE TYPE - - IN OTHER WORDS, BEING THERE TO SAY THESE ARE ERRORS, YOU KNOW, LET'S WORK THROUGH THIS, YOU KNOW, OR THESE ARE VIOLATIONS THAT YOU'RE GOING TO BE CITED WITH INSTEAD OF SAYING, DON'T WALK ON YOUR PROPERTY. YOU KNOW, THAT CAUSES CONFLICT, AND THAT -- I THINK THAT'S WHAT -- THAT GETS EVERYBODY'S BACK UP. IT GETS AWAY FROM THE ISSUE. IT'S DEALING WITH CONFLICT INSTEAD OF -- I MEAN, WE -- MOVING AWAY FROM EPC, WE -- IF THIS WAS IN THE -- ANOTHER DEPARTMENT, THAT WOULD NOT STAND UNDER ANY CIRCUMSTANCES, AND IT SHOULDN'T BE STANDING HERE EITHER. SO -- AND I DON'T KNOW IF THAT'S -- >>ROSE FERLITA: WELL, AND LET ME -- MAY I RESPOND TO THAT, MR. CHAIRMAN? >>AL HIGGINBOTHAM: PLEASE DO. >>ROSE FERLITA: YES. THAT'S CERTAINLY SOME OF THE CONSIDERATION I WANT TO DISCUSS, BUT WHAT I WAS TRYING TO DO, MR. NORMAN, WAS GO FURTHER THAN THAT. I'M SURE YOUR OFFICE, JUST AS MINE OR PERHAPS IN MANY CASES MORE, HAVE RECEIVED COMPLAINTS ABOUT THE STYLE IN WHICH AN EMPLOYEE OF HILLSBOROUGH COUNTY WILL DO SOMETHING. EVEN IN A TIME -- AND I THINK SOME OF OUR SPEAKERS REFERENCED THIS -- EVEN AT A TIME WHEN TEMPERS ARE SHORT AND STAFF IS DIMINISHED, PEOPLE STILL IN THAT WHOLE MAZE OF CUTBACKS EXPECT CUSTOMER SERVICE LIKE THEY'VE HAD IN THE PAST. I AM NOT DEFENDING THAT, ALL I WAS TRYING TO SAY THAT NEEDS TO BE ADDRESSED INTERNALLY BY YOU AND YOUR STAFF. ALL I WANT IS AN OBJECTIVE EXPLANATION OF WHAT BOTH SIDES WERE, BUT CERTAINLY I'M NOT AGREEING WITH ANY KIND OF A RUDE TYPE PRESENTATION BECAUSE THERE'S A NICE WAY TO SAY SOMETHING AND THERE'S A NOT SO NICE WAY. >>JIM NORMAN: THAT'S WHAT I WAS SAYING ON THAT. >>ROSE FERLITA: YEAH, WE SAID THE SAME THING. >>AL HIGGINBOTHAM: YEAH, WHEN I LEARNED THIS MORNING AS WELL, I ASKED FOR SOME FEEDBACK ON THAT, BUT DR. GARRITY, YOU HAD COMMENT BEFORE WE MOVE ON? >>RICK GARRITY: YES, COMMISSIONERS. I WOULD JUST LIKE TO SAY I COULDN'T AGREE MORE THAN 150% WITH WHAT YOU JUST SAID, COMMISSIONER NORMAN, AND THAT IS EXACTLY THE ATMOSPHERE IN WHICH WE TRY TO MANAGE OUR AGENCY. THAT'S OUR MANAGEMENT STYLE, THAT'S OUR MANAGEMENT PHILOSOPHY, TO BE CUSTOMER-FRIENDLY, TO WORK WITH PEOPLE IN A CUSTOMER-FRIENDLY WAY AND PRODUCTIVE WAY AND A POSITIVE WAY. THAT'S THE MANAGEMENT STYLE OF MYSELF, THAT'S THE STYLE OF BOB STETLER, THAT'S THE STYLE OF DEBBIE SINKO, THAT'S THE STYLE OF BILL INCH, WHO WAS MENTIONED. WE HAVE -- WITHOUT GOING INTO DETAILS, BOB STETLER HAD A FOUR-HOUR MEETING ON THIS TOPIC, AND WE WILL CONTINUE TO OPERATE IN EXACTLY THE STYLE THAT YOU DESCRIBE WE SHOULD OPERATE IN. >>AL HIGGINBOTHAM: THANK YOU. SEEING NO OTHER QUESTIONS, I THINK THERE'S SOME FOLKS HERE TODAY WHO HAVE EXPRESSED INTEREST IN BRINGING TO KIND OF A HEAD A LOT OF HARD WORK OVER THE LAST 12 MONTHS, AND WE'RE GOING TO GO INTO PUBLIC HEARING. AT THIS TIME WE'LL OPEN PUBLIC HEARING TO CONSIDER AMENDMENTS TO CHAPTER 1-11, THE WETLANDS RULE, AND ALSO AMENDMENTS TO 1-13, THE DELEGATION RULE. MR. TSCHANTZ WILL EXPLAIN THIS PROCESS. MR. TSCHANTZ, HAVE WE BEEN NOTICED PROPERLY? >>RICHARD TSCHANTZ: YES. COULD WE GET THE -- THE SLIDE PRESENTATION STARTED. YES, COMMISSIONER. I WANT TO BRIEFLY EXPLAIN ON THIS -- ON THIS SLIDE THAT IS BEFORE YOU THAT WE PUBLISHED DRAFT RULES THAT WE'RE GOING TO BE TALKING ABOUT TODAY ON JUNE 6th, AND WE DID THAT BY E-MAILS AND ON HTV AND ON INTERNET POSTING AT THAT TIME. WE HAD A WORKSHOP ON JUNE 17th DURING THE BUSINESS HOURS, AND THEN ON JULY 3rd WE PUBLICLY NOTICED THIS HEARING IN THE NEWSPAPER IN THE TAMPA TRIBUNE, WHICH SATISFIES THE PUBLICATION REQUIREMENTS TO HOLD THIS HEARING TODAY. JULY 7th WE HAD ANOTHER WORKSHOP IN THE EVENING -- I'M EXCUSE ME. JULY 7th WAS THE PRESENTATION BY THE STAFF TO CEAC AND THE WETLAND ADVISORY COMMITTEE THAT YOU APPOINTED. THEY REPRESENTED THE RULES AND VOTED, AND THEN JULY 9th WE HAD ANOTHER EVENING WORKSHOP, SO THE RULE HAS BEEN PROPERLY PUBLISHED AND PROPERLY NOTICED. I DO WANT TO SAY ONE THING THAT'S VERY IMPORTANT FOR THE COMMISSION AND EVERYONE THAT IS FOLLOWING ALONG TODAY. IN THE PACKET WE PLACED A VERSION OF THE RULES THAT WAS CURRENT AT THE TIME THAT WE ADMINISTERED THE PACKET. CHANGES HAVE BEEN MADE SINCE THAT TIME, AND THEY HAVE BEEN HANDED OUT TO THE COMMISSION THIS MORNING, AND THEY HAVE BEEN PUT BACK OUT ON -- IN THE BACK FOR THE PUBLIC TO LOOK AT, SO WHAT WE'LL BE VOTING ON TODAY IS A PACKET THAT HAS THREE DOCUMENTS TO IT. IT IS -- IT'S GOING TO BE -- THE CHAPTER 1-11 DOCUMENT IS A ONE-PAGE, TWO SIDES. AT THE TOP IT SAYS, "DRAFT RULE" IN RED. AT THE BOTTOM IT SAYS, "UPDATED JULY 1st, 2008," AND YOU SHOULD HAVE THAT IN FRONT OF YOU. THE SECOND DOCUMENT IS THE BASIS OF REVIEW. AT THE TOP IT SAYS, "DRAFT DOCUMENT, JULY 10th, 2008," AND AT THE BOTTOM IT HAS RED AND BLUE INK WITH CHANGES THAT HAVE BEEN MADE, JULY 10th CHANGES IN RED, JULY 14th CHANGES IN BLUE. THE CHAPTER 1-13 DOCUMENT IS A DOCUMENT AT THE BOTTOM THAT JUST HAS INK IN BLUE, AND IT SAYS "JULY 14th, 2008." SO THOSE CHANGES THAT WERE MADE, THEY WERE MADE SINCE THE WAC, THE WETLAND ADVISORY COMMITTEE, AND THE CEAC HAS VOTED. THEY ARE MINOR NONSUBSTANTIVE CHANGES. THEY WERE POSTED ON OUR WEB SITE. THEY DO NOT REQUIRE REPUBLISHING BECAUSE THEY'RE LARGELY GRAMMATICAL OR WORD CLARIFICATION, AND SO WE ARE PROPERLY - - THESE RULES ARE PROPERLY BEFORE YOU TODAY, AND THESE ARE THE RULES THAT WE WOULD ASK YOU TO BE VOTING ON TODAY. IF WE HAVE ANY QUESTIONS ABOUT THAT, I'D BE HAPPY TO ANSWER THEM. >>AL HIGGINBOTHAM: BEFORE WE MOVE FORWARD, BOARD MEMBERS. WE'RE GOING TO GET INTO PUBLIC COMMENT AND REMARKS ON THIS PUBLIC HEARING IN JUST A MINUTE. >>RICHARD TSCHANTZ: COMMISSIONER, CAN I JUST LAY OUT THE - - >>AL HIGGINBOTHAM: YES. >>RICHARD TSCHANTZ: WHAT WE WOULD DO, THE PUBLIC HEARING HAS BEEN ADJOURNED -- I MEAN, EXCUSE ME, HAS BEEN BEGUN. WE WILL BE OPENING REMARKS BY COMMISSIONER HIGGINBOTHAM, AND THEN A SHORT INTRODUCTION BY DR. GARRITY, AT WHICH TIME THE RULE WILL BE SUMMARIZED BY OUR LEGAL DEPARTMENT REPRESENTATIVE, ANDREW ZODROW. AFTER THAT THERE WILL BE PUBLIC COMMENT AND THEN BOARD COMMISSION -- COMMISSION DISCUSSION AND VOTE. AND THAT WOULD BE THE PROCEDURE AS WE GO THROUGH THE PUBLIC HEARING THIS MORNING. >>AL HIGGINBOTHAM: VERY GOOD. I JUST, AGAIN, WANT TO THANK EVERYBODY. I KNOW THAT IT'S BEEN NUMEROUS, AND IN SOME CASES -- SOME CASES RECOGNIZED BY FOLKS UNPRECEDENTED COMMENT AND INPUT ON THIS NEW HYBRID THAT WE'VE WORKED ON TOGETHER. THE HYBRID IS NOT THE END SOLUTION, IT'S NOT THE BEST SOLUTION, BUT IT'S THE SOLUTION THAT EVERYBODY -- EXCUSE ME -- THAT EVERYBODY WORKING TOGETHER HAS COME UP WITH. I THINK THAT IT IS A PRODUCT OF GOOD, HARD WORK, AND I'M PROUD OF THE FOLKS ON BOTH SIDES OF THIS ISSUE FOR THEIR TIME AND THEIR ENERGY AND THEIR EFFORT AND, IN SOME CASES, THEIR EMOTION THAT THEY PUT INTO THIS. WITH THAT I'LL HOLD ANY OTHER REMARKS, BUT DR. GARRITY. >>RICK GARRITY: YES, COMMISSIONER. MY COMMENTS ARE ALSO BRIEF, AND I WOULD ALSO LIKE TO OFFER THANKS TO EVERYBODY, THE MEMBERS OF THE TECHNICAL ADVISORY GROUP, THE MEMBERS OF THE WETLANDS ADVISORY COMMITTEE. CEAC, AS USUAL, LOOKS AT ALL OF OUR RULES, AND I'D LIKE TO THANK THE STAFF THAT HAS BEEN INVOLVED AND HAVE WORKED EXTREMELY HARD ON THIS -- ON THE HYBRID OVER THE ENTIRE LAST 12 MONTHS. THE -- OUR OLD RULE WAS CRITICIZED FOR BEING TOO VAGUE AND NOT TRANSPARENT, AND, IN FACT, IT -- IT SAID THAT YOU SHOULD NOT IMPACT WETLANDS UNLESS YOU'RE BEING DENIED REASONABLE USE OF YOUR -- OF YOUR LAND. AND THOSE WERE SOME OF THE CRITICISMS. THE NEW RULE THAT WE'RE BRINGING YOU TODAY THAT ANDY ZODROW IS GOING TO GO OVER IN SOME DETAIL IS IT'S NEITHER -- IT'S NOT MORE STRINGENT AND IT'S NOT LESS STRINGENT THAN THE EXISTING RULE. WE BROUGHT YOU BACK A RULE THAT IS JUST ABOUT THE SAME RULE; HOWEVER, IT PROVIDES MORE DEFINITION, MORE CLARITY, AND MORE TRANSPARENCY. WE THINK IT'S GOING TO OFFER AN OPPORTUNITY FOR APPLICANTS THAT WORK WITH US TO UNDERSTAND BETTER HOW TO GO THROUGH THE SYSTEM, HOW TO KNOW WHAT QUALIFIES FOR OBTAINING IMPACT APPROVAL, AND IT DOES THAT IN A VERY POSITIVE WAY. SO WITH THAT SAID, I'D LIKE TO ASK ANDY TO GO AHEAD AND GO THROUGH THE RULE CHANGES. >>AL HIGGINBOTHAM: THANK YOU, MR. ZODROW. >>ANDREW ZODROW: GOOD MORNING, COMMISSIONERS. AGAIN, I'M ANDREW ZODROW. I'M ASSISTANT COUNSEL WITH THE EPC LEGAL DEPARTMENT, AND AGAIN, AS DR. GARRITY SAID, I'VE BEEN ASKED TO GIVE A BRIEF PRESENTATION ON THE RULE FOR THIS PUBLIC HEARING, THE RULE AMENDMENTS. AGAIN, LAST AUGUST THE BOARD ADOPTED THIS HYBRID MODEL. ONE OF THE MAIN COMPONENTS OF THE HYBRID MODEL WAS FUTURE RULE ADOPTIONS THAT WOULD, AS DR. GARRITY EXPLAINED, MAKE THE PROCESS MORE TRANSPARENT. WE DID THIS BY OPENING UP PARTICULAR SECTIONS OF THE WETLAND RULE, AND A MAIN PART, MAIN COMPONENT WOULD BE ADOPTING WHAT WE'VE TERMED A BASIS OF REVIEW FOR AUTHORIZATION OF ACTIVITIES UNDER THE WETLAND RULE. THAT WOULD BE A DOCUMENT THAT WOULD BE INCORPORATED INTO THE EXISTING RULE. NOW, THE HYBRID ALSO DIRECTED THAT THE EPC WETLAND DIVISION SEEK DELEGATION WHERE OTHER PERMITTING -- WITH OTHER PERMITTING PROGRAMS TO STREAMLINE THE PERMITTING PROCESS. BASED ON THAT DIRECTION IN THE HYBRID MODEL AND THE DELEGATION, WE WENT AHEAD AND DRAFTED THE RULES THAT YOU HAVE IN FRONT OF YOU TODAY. AGAIN, I'M GOING TO -- WELL, THE -- I GUESS I DON'T REALLY NEED TO GO THROUGH THE PUBLIC NOTICING BECAUSE RICK TSCHANTZ EXPLAINED ALL OF THAT, SO I WILL JUST BASICALLY GO RIGHT INTO THE RULE. WE DID TAKE THESE TO THE TAG, TO THE WORKSHOPS, AND WITH STAFF WE SAT DOWN AND RESEARCHED THE FILES AND HOW WE'VE DONE REVIEWS IN THE PAST, AND THE ULTIMATE PRODUCT IS THE RULES THAT YOU HAVE IN FRONT OF YOU. THE FIRST PART -- THE FIRST RULE THAT YOU-ALL HAVE IN FRONT OF YOU IS 1-11, PARTICULAR SECTIONS OF 1-11. THE FIRST PART OF 1-11 IS 1-11.04, 1-11.05, AND 1-11.06. THE FIRST THING WE DID IS INCLUDE A PHRASE INTO THE RULE "OTHER SURFACE WATERS." WE NEEDED TO DO THAT BECAUSE TO GET STATE DELEGATION FOR OUR PROGRAM, WE WOULD HAVE TO INCLUDE THAT PHRASE. INTERESTINGLY THAT PHRASE IS ACTUALLY ALREADY IN OUR RULE WHEN WE ADOPTED THE STATE DEFINITION FOR WATERS OF THE COUNTY. THE STATE RULE IS -- I'LL JUST SITE IT, 62-340 OF THE FLORIDA ADMINISTRATIVE CODE. THAT'S ALREADY ADOPTED INTO OUR RULES, BUT WE NEEDED TO ADDRESS THAT TERM, THAT PHRASE, "OTHER SURFACE WATERS," IN OTHER PARTS OF THE RULE TO OBTAIN THE PERMITTING DELEGATION OVER CERTAIN ACTIVITIES THAT WE ARE SEEKING FROM THE STATE. THE SECOND PART, FAIRLY MINOR CHANGE TO 1-11, IS WE'VE INCORPORATED A STANDARD OF REVIEW OF HOW YOU GET A PERMIT. IT'S NOT THE REASONABLE USE, BUT IT'S CALLED REASONABLE ASSURANCE. INTERESTINGLY, THIS IS ALREADY REQUIRED. IT'S REQUIRED BY CASE LAW. IT'S WHAT'S CALLED A GENERAL PRINCIPLE OF THE ADMINISTRATIVE LAW, AND WHAT WE'VE INCLUDED IN 1-11.06 IS THE STANDARD OF REVIEW IS WHETHER OR NOT AN APPLICANT DEMONSTRATES THAT THE PROPOSED ACTIVITY WILL COMPLY WITH THE ADOPTED RULES, AND AGAIN, THAT'S RIGHT OUT OF CASE LAW. NOW, SOMEBODY MIGHT ASK WHY DO YOU NEED TO PUT IT IN A RULE? WELL, THE PROCESS BEHIND ALL THIS WAS TO MAKE THE RULE MORE STREAMLINED AND TRANSPARENT, SO WE'RE NOT GOING TO ASK APPLICANTS TO GO READ CASE LAW, WE'RE JUST GOING TO PUT IT RIGHT IN THE RULE. SO THAT -- THAT EXPLAINS THAT SECTION IN 1-11.06. NOW, MOVING ON, ONE OTHER PART IN 1-11, WHICH, AGAIN, IS THE WETLAND RULE, WE'VE ADOPTED OR WE'RE PROPOSING TODAY TO ADOPT A BASIS OF REVIEW THAT WOULD BE INCORPORATED BY REFERENCE. IT'S A DOCUMENT THAT ISN'T WRITTEN INTO THE RULE BUT IT'S INCORPORATED INTO THE RULE BY REFERENCE. IT'S SIMILAR TO A TECHNICAL MANUAL BECAUSE IT'S GOING TO PROVIDE STANDARDS AND GUIDELINES, AGAIN, FOR DETERMINING AUTHORIZATION OF IMPACTS UNDER THE EXISTING WETLAND RULE. AGAIN, IN -- IN DRAFTING THIS BASIS OF REVIEW, WHAT WE DID IS WE SAT DOWN AND LOOKED IN THE FILES, TALKED TO STAFF, TALKED TO THE PUBLIC, TALKED TO THE WHOLE COMMUNITY, AND BASICALLY I ASKED THEM, HOW HAVE WE DONE THIS FOR THE LAST 23 YEARS? BECAUSE THE RULE'S BEEN IN EFFECT FOR 23 YEARS NOW, SO THERE'S A LOT OF HISTORICAL INFORMATION. AND AGAIN, THE CULMINATION WAS THIS BASIS OF REVIEW. SO GOING INTO THE BASIS OF REVIEW, WE -- IT BEGINS BY AN INTRODUCTION AND A BACKGROUND, IT DISCUSSES BRIEFLY THE REGULATORY JURISDICTION OVER -- OF THE EPC. THERE'S NOT REALLY ANY SUBSTANTIVE ISSUES IN THERE, SO I'LL JUST MOVE ON TO CHAPTER 2. CHAPTER 2 OF THE BASIS OF REVIEW IS DEFINED JURISDICTIONAL DELINEATIONS AND BOUNDARY DETERMINATIONS, AND WHAT THAT IS IS THAT'S WHAT THE STAFF NEEDS TO MAKE AN EVALUATION OF WHAT PHYSICAL PART OF A PROPERTY'S GOING TO BE UNDER THE EPC WETLANDS JURISDICTION. WE ALREADY AND WILL CONTINUE UNDER THIS RULE UTILIZE THE STATE DEFINITION, BUT WE WANTED TO ADDRESS IT IN THE BASIS OF REVIEW BECAUSE THERE WAS SOME TECHNICAL INFORMATION THAT WE WANTED TO LIST THAT WOULD BE NECESSARY FOR STAFF TO CONDUCT THAT RULE THAT MAY NOT BE CLEAR IN THE EXISTING STATE RULE. BUT AGAIN, NOTHING REALLY SUBSTANTIVE HAS CHANGED IN THIS SECTION. OKAY. GETTING INTO CHAPTER 3, THAT IS THE STANDARDS FOR ISSUANCE OR DENIAL OF THE IMPACTS. THIS IS REALLY THE MEAT OF THE BASIS OF REVIEW WHERE WE DISCUSS HOW WE DO A REVIEW FOR AUTHORIZATION. NOW, THE EPC WETLAND RULE FOR 23 YEARS HAS HAD THIS TWO- PRONG ANALYSIS. COMES RIGHT OUT OF THE WETLAND RULE, 1-11.07, AND IT SAYS AN APPLICANT MUST DEMONSTRATE THAT THE IMPACT IS NECESSARY FOR REASONABLE USE. I'M PARAPHRASING, BUT THAT'S THE STANDARD OF REVIEW. THE SECOND PRONG IS ONCE YOU GET THE AUTHORIZATION, THE CONCEPTUAL AUTHORIZATION BECAUSE THE IMPACT IS NECESSARY, YOU NEED TO SHOW ADEQUATE PROTECTION OF ENVIRONMENTAL BENEFITS. SO THAT IS TYPICALLY DONE THROUGH MITIGATION, AS YOU ALL KNOW. THAT'S THE COMPENSATION THAT SOMEBODY DOES -- THE APPLICANT DOES TO OFFSET THE DAMAGE. SO THE FIRST PART IS REASONABLE USE, AND THAT'S BEEN A BIG TOPIC OF DISCUSSION. AGAIN, REASONABLE USE IS SORT OF A MINIMIZATION AVOIDANCE TYPE OF CRITERIA, AND SO THE FIRST THING WE DID -- AGAIN, LOOKING AT THE HISTORICAL FILES, TALKING TO STAFF AND THE PUBLIC -- IS WE DECIDED TO ACTUALLY JUST DEFINE THE TERM "REASONABLE USE." AND I'M NOT GOING TO READ REALLY MUCH THE BASIS OF REVIEW, BUT I WILL READ THIS PHRASE. REASONABLE USE SHALL MEAN AN ACTUAL PRESENT USE OR ACTIVITY ON A PARCEL OF REAL PROPERTY OR SUCH REASONABLY FORESEEABLE NONSPECULATIVE LAND USES WHICH ARE SUITABLE FOR THE SUBJECT PARCEL OF PROPERTY AND WHICH ARE COMPATIBLE WITH ADJACENT LAND USES. SO WE'RE LOOKING AT NONSPECULATIVE LAND USES. WE WILL -- WE WILL CONSIDER THOSE ISSUES. HOWEVER, WE WENT -- WE WANTED TO GO FARTHER THAN JUST A SIMPLE DEFINITION. WE WANTED TO ACTUALLY PROVIDE A LIST OF -- OF THINGS THAT THE STAFF CAN CONSIDER AND AN APPLICANT COULD SUBMIT IN AN APPLICATION FOR DETERMINING WHAT WOULD BE THE -- NECESSARY FOR REASONABLE USE. AND ULTIMATELY WE CAME UP WITH 11 FACTORS THAT HAVE BEEN USED IN THE PAST. AGAIN, NEITHER MORE STRINGENT NOR LESS STRINGENT BUT THE 11 FACTORS THAT THE STAFF CONSIDERS. AND THESE FACTORS -- FOR INSTANCE, ONE WOULD BE WHETHER OR NOT THE IMPACT IS FOR THE PROTECTION OF THE PUBLIC HEALTH AND SAFETY. ANOTHER ONE WOULD BE WHETHER OR NOT THE WETLAND IMPACT IS FOR ACCESSING AVAILABLE UPLANDS ON THE PROPERTY. THESE ARE APPROPRIATE CONSIDERATIONS FOR STAFF TO USE. I WILL NOTE THAT YOU CAN'T REALLY WRITE A CLEAR, CONCISE RULE THAT ONE SIZE FITS ALL, EVERY PROPERTY, AND I WANT TO POINT THAT OUT BECAUSE FUNDAMENTALLY, I MEAN, A WETLAND AND A PROPERTY ARE ALWAYS GOING TO BE UNIQUE. THERE'S NO TWO PROPERTIES IN HILLSBOROUGH COUNTY AND TWO WETLANDS THAT ARE THE SAME. THEY'RE NOT -- THE TERM "FUNGIBLE." THEY'RE DIFFERENT. EVERY ONE IS DIFFERENT. SO WE WANTED TO HAVE A LIST OF THINGS THAT THE STAFF CAN CONSIDER AND THEN AN APPLICANT CAN PROVIDE IN AN APPLICATION, SO THAT IS WHAT THE -- CULMINATED IN THIS LIST OF 11 FACTORS. MOVING -- MOVING BEYOND THAT, THE SECOND HALF IS WHAT IS THIS ADEQUATE PROTECTION, THE SECOND PRONG OF THE TEST? AND AGAIN, WE WENT OVER BASICALLY THE LAST 20 YEARS AND LOOKED AT HOW WE DO THESE REVIEWS, AND WE HAVE DIFFERENT WAYS TO GET ADEQUATE PROTECTION AND WHAT QUALIFIES. TYPICALLY, AGAIN, IT'S THIS MITIGATION. NOW, I'M NOT GOING TO SPEAK -- WE DIDN'T PUT A LOT OF DETAIL IN THE BASIS OF REVIEW FOR MITIGATION BECAUSE MITIGATION IS A STATE PROGRAM THAT WE'VE ALSO ADOPTED INTO OUR RULES, AND IT'S FAIRLY WELL DEFINED UNDER THE STATE -- THE STATE RULES FOR MITIGATION. IT'S A METHOD, IT'S A STATE METHOD CALLED "UNIFORM MITIGATION ASSESSMENT METHODOLOGY." WE WANTED TO ACKNOWLEDGE IT IN THE BASIS OF REVIEW; HOWEVER, WE WENT A STEP FURTHER WITH THE BASIS OF REVIEW AND WE WENT AHEAD AND ACKNOWLEDGED THAT -- BECAUSE THERE WERE SOME CRITICISM IN THE PAST -- THAT THE STAFF WOULD CONSIDER AND IN SOME CASES IT WOULD ACTUALLY BE PREFERABLE TO DO MITIGATION OFF-SITE. IT'S STILL COMPLETELY SITE SPECIFIC, BUT WE WOULD ACKNOWLEDGE MITIGATION BANKING, THERE'S A TERM CALLED "REGIONAL OFF-SITE MITIGATION AREAS" OR JUST GENERAL OFF- SITE MITIGATION, SO WE PUT THAT -- WE INCLUDED THAT RIGHT IN THE BASIS OF REVIEW. MOVING ON TO THE NEXT CHAPTER -- I'M GETTING BEHIND IN MY SLIDE SHOW -- IS MISCELLANEOUS ACTIVITIES IN WETLANDS. NOW, LAST AUGUST WE -- THAT WAS ALWAYS IN THE RULE; HOWEVER, IT WASN'T VERY CLEARLY DEFINED, THE TERM "MISCELLANEOUS ACTIVITIES" AND WHAT WOULD QUALIFY, SO LAST AUGUST WE ADOPTED SOME RULE AMENDMENTS THAT VERY MUCH CLARIFIED THAT PROCESS AND WHAT MISCELLANEOUS ACTIVITIES IN WETLANDS IS; HOWEVER, WE WANTED TO GO A STEP FURTHER AND ACTUALLY PUT IT IN THE BASIS OF REVIEW AND PROVIDE A LIST OF ACTIVITIES THAT ACTUALLY DO QUALIFY AND WHAT CONDITIONS WOULD BE IMPOSED UPON THEM, SO WE FAR -- WE VERY MUCH ADDED TO THE EXISTING RULE WITH THIS, AND I THINK THAT'S GOING TO BE BENEFICIAL FOR EVERYONE. IT'S NOT ONLY GOING TO BE BENEFICIAL TO THE APPLICANTS, BUT I THINK IT'S GOING TO BE BENEFICIAL FOR THE STAFF FOR EVERYBODY TO LOOK AT THIS MUCH MORE OBJECTIVELY AND NOT HAVE TO DETERMINE, YOU KNOW, WELL, IS -- HOW HIGH DOES A BOARDWALK OVER A WETLAND BE BECAUSE WE PUT THOSE TECHNICAL STANDARDS RIGHT IN THE BASIS OF REVIEW. AGAIN, I'M NOT GOING TO GO INTO THE DETAILS OF ALL OF THOSE IN THE BASIS BECAUSE IT'S PRETTY NUMEROUS, BUT IT ADDRESSES THINGS LIKE BOARDWALKS, BOAT RAMPS, THOSE SORT OF SMALLER WETLAND IMPACTS, AND THESE GENERALLY DON'T REQUIRE THE MITIGATION. ANOTHER PART OF THE BASIS OF REVIEW IS WE PUT IN SOME CRITERIA FOR NECESSARY ENGINEERING CRITERIA THAT THE STAFF USES FOR COMMENTING. THESE ARE GENERALLY LIKE HYDROLOGY ISSUES THAT THE STAFF NEEDS, SOME SPECIFIC INFORMATION THAT THE STAFF NEEDS. THERE'S NOT A WHOLE LOT OF DETAIL IN HERE, BUT IT EXPLAINS TO APPLICANTS, ESPECIALLY GOING THROUGH THE DEVELOPMENT REVIEW PROCESS, WHAT KIND OF INFORMATION THEY'RE GOING TO NEED TO SUBMIT TO THE EPC STAFF, ESPECIALLY THE ENGINEERING STAFF. SO THAT IS REALLY THE -- THE WETLAND RULE THAT WE PROPOSED FOR TODAY. I'M NOT DONE YET, THOUGH, BECAUSE I WANT TO TALK A BIT ABOUT THE DELEGATION RULE. THE DELEGATION RULE -- PART OF THE HYBRID WAS -- DIRECTED US TO GO SEEK DELEGATION FROM THE STATE, SO WE'VE PROPOSED AMENDING OUR EXISTING DELEGATION RULE, CHAPTER 1-13. NOW, THE FIRST THING THAT I DID WAS GO RESEARCH THE STATE RULE ON HOW A LOCAL GOVERNMENT GETS DELEGATION, AND IT COMES DOWN TO A COUPLE SEPARATE ISSUES. ONE IS THE LOCAL GOVERNMENT MUST ADOPT RELEVANT SECTIONS -- AND I'M QUOTING OUT OF THE STATE RULE -- OF THE STATE ERP, STATE WETLAND PROGRAM, AND WE'VE INCORPORATED THOSE RELEVANT PORTIONS -- WHAT WE BELIEVE ARE THE RELEVANT PORTIONS OF THE STATE RULES INTO OUR 1-13. SECOND PART WE HAVE TO ADOPT ADMINISTRATIVE RULES, LIKE HOW YOU CHALLENGE A PERMIT, HOW YOU CHALLENGE HOW A PERMIT'S REVIEWED, THOSE ADMINISTRATIVE THINGS. OUR RULES HAVE TO BE SUBSTANTIALLY EQUIVALENT -- AND AGAIN, I'M QUOTING -- TO THE PROCEDURAL REQUIREMENTS IN THE STATE ADMINISTRATIVE STATUTE, SO WE'VE DONE THAT IN CONCERT WITH OUR EXISTING WETLAND -- OUR EXISTING ADMINISTRATIVE RULE, CHAPTER 1-2, AND THIS CHAPTER 1-13. I THINK WE'VE ACCOMPLISHED THAT, SO THIS IS GOING TO BE PART OF OUR APPLICATION FOR DELEGATION. I DO WANT TO EXPLAIN A LITTLE BIT MORE ABOUT THE -- WHAT -- WHAT DELEGATION IS GOING TO BE SO THAT YOU CAN UNDERSTAND FULLY THE RULE THAT YOU'RE GOING TO BE VOTING ON. WHAT WE PROPOSE IS HAVING BASICALLY THE STATE ALMOST CERTIFY OUR PROGRAM. WE HAVE TO ADOPT CERTAIN STANDARDS, BUT THE STATE IS GOING TO BE ACCEPTING OUR STRICTER STANDARD BECAUSE WE'RE NOT CHANGING OUR LOCAL RULES, BUT THEY'RE GOING TO CERTIFY OUR -- BASICALLY OUR STANDARDS, AND WE WILL ISSUE ONE PERMIT THAT WILL ADDRESS BOTH THE STATE RULES AND OUR LOCAL RULES, AND I THINK THAT'S GOING TO WORK WELL BECAUSE IT'S NOT GOING TO ADD SIGNIFICANT WORK OR RESOURCES ON THE EPC STAFF, AND IN SOME CASES VERY LITTLE ADDITIONAL WORK WILL BE NECESSARY, IF ANY, IN SOME CASES, BUT IT'S GOING TO BE REALLY EXTRAORDINARY BECAUSE WE -- THE WAY I'VE PROPOSED THIS IS WE'RE GOING TO HAVE TRULY FOR I THINK THE FIRST TIME IN THE STATE OF FLORIDA ONE-STOP PERMITTING, AND -- BECAUSE NO OTHER JURISDICTION HAS THIS. YOU HAVE SOME JURISDICTIONS WHERE THEY GET DELEGATION BUT THEY GIVE UP THEIR LOCAL PROGRAM. THERE'S ALWAYS STATE LANDS ISSUES WHICH I'M NOT GOING TO GO INTO THAT, BUT IN THIS CASE, IF THIS RULE GETS ADOPTED TODAY, WE'LL BE VERY CLOSE TO GETTING THE DELEGATION. THE AGREEMENT HAS TO BE SIGNED LATER, BUT WHAT IT'S GOING TO ALLOW IS IT'S GOING TO ALLOW ONE APPLICATION TO GET SUBMITTED TO THE EPC, AND WE WILL ISSUE AN EPC LOCAL PERMIT, THE DEP PERMIT, THE TAMPA PORT AUTHORITY PERMIT BECAUSE WE HAVE DELEGATION FROM THAT AGENCY, THE ARMY CORPS OF ENGINEERS PERMIT, AND THAT'S GOING TO BE REALLY EXTRAORDINARY FOR APPLICANTS TO BE ABLE TO DO THAT WITH ONE PERMIT APPLICATION. AND IT'S GOING TO BE DONE WITHOUT SIGNIFICANT ADDITIONAL RESOURCES FOR OUR AGENCY. RIGHT NOW ADMITTEDLY THE SCOPE IS FAIRLY NARROW. IT'S GOING TO BE LIMITED TO THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, NOT THE WATER MANAGEMENT DISTRICT, BUT -- AND IT'S GOING TO BE LIMITED TO CERTAIN ACTIVITIES LIKE SINGLE-FAMILY HOMES, SHORELINE ACTIVITIES, SEAWALLS, THOSE KIND OF THINGS, BUT I THINK IT IS GOING TO BE REALLY EXTRAORDINARY, AND IT'S GOING TO LAY THE GROUNDWORK FOR FURTHER DELEGATIONS DOWN THE LINE. NOW, I DO WANT TO NOTE THAT THE -- WE'RE STILL IN NEGOTIATIONS WITH TALLAHASSEE BECAUSE TALLAHASSEE DEP ARE THE ONES THAT ARE GOING TO DECIDE THERE IN THE END, AND WE HAVEN'T GOTTEN A DEFINITE ANSWER ON OUR -- THIS RULE THAT WE'RE PROPOSING TODAY. I THINK IT'S -- I THINK IT MEETS THEIR RULE, BUT I THINK THEY'RE SORT OF WAITING TO SEE WHAT WE ADOPT AND THEN WE TAKE THAT BACK, THEN THEY'LL REVIEW IT, SORT OF THE CART BEFORE THE HORSE, BUT THIS WILL BE THE FIRST STEP AND -- FOR US GOING UP TO TALLAHASSEE AND SAYING, LOOK, WE'VE ADOPTED THIS. IT'S NOT GOING TO BE EFFECTIVE UNTIL WE GET THIS DELEGATION AGREEMENT, BUT THIS IS WHAT, YOU KNOW, OUR COMMISSION DOWN IN HILLSBOROUGH COUNTY HAS APPROVED, AND IT'S GOING TO ALLOW ME TO ARGUE TO THEM THAT, YOU KNOW, WE QUALIFY -- WE QUALIFY FOR THAT PROGRAM. SO WHAT I GUESS I'M SAYING IS THERE MAY BE SOME FUTURE TWEAKS TO THIS LANGUAGE, AND I WANTED TO PUT YOU ON NOTICE, BUT I PERSONALLY THINK THAT THAT RULE MEETS THE STATE RULE FOR OBTAINING DELEGATION. SO AT THIS POINT I REALLY CONCLUDE THE PRESENTATION. WE HAVE THE STAFF RECOMMENDATION. THERE'S ACTUALLY THREE RECOMMENDATIONS BECAUSE THERE'S TWO RULES, AND THERE'S ANOTHER ISSUE ABOUT THE DELEGATION, BUT THE STAFF RECOMMENDATION IS TO ADOPT THE PROPOSED STAFF DRAFT WETLAND RULE SECTIONS 1-11.04, 1-11.05, AND 1-11.06, WHICH INCORPORATES THE LOCAL BASIS OF REVIEW, AND ADOPT THE PROPOSED STAFF DRAFT SECTION 1-13.20 OF THE EPC DELEGATION RULE THAT HAS BEEN HANDED TO YOU TODAY, NOT THE ONE THAT'S IN THE AGENDA ITEM PACKET BUT THE ONE THAT'S BEEN HANDED TO YOU TODAY, WHICH AGAIN, AS MR. TSCHANTZ SAID, IS REALLY GRAMMATICAL CHANGES IN THAT ONE. AND THEN THE THIRD RECOMMENDATION IS TO AUTHORIZE THE EXECUTIVE DIRECTOR TO EXECUTE THE ERP STATE WETLANDS -- I DON'T HAVE IT IN THERE -- BUT THE STATE WETLANDS DELEGATION AGREEMENT UPON THE STATE APPROVAL SO WE DON'T HAVE TO BRING THAT BACK TO THE COMMISSION FOR A VOTE IN THE FUTURE, THAT HE COULD JUST SIGN THAT AGREEMENT WHEN WE -- WHEN WE GET THAT. I'M HOPING THAT MAYBE BY THE END OF AUGUST -- WE'RE WAITING FOR SOME PEOPLE UP IN TALLAHASSEE AND WE HAVE TO ANSWER A FEW MORE QUESTIONS ABOUT STAFFING AND THOSE KIND OF THINGS, BUT WE'RE PRETTY CLOSE, SO HOPEFULLY THAT WILL BE SOON. AND AGAIN, THAT ENDS MY PRESENTATION, SO IF YOU HAVE ANY QUESTIONS. >>AL HIGGINBOTHAM: THANK YOU, AND I'M GOING TO ASK FOR BOARD MEMBERS TO HOLD THEIR QUESTIONS UNTIL AFTER PUBLIC COMMENT UNLESS THERE'S SOMETHING VERY SPECIFIC. IF NOT, WE HAVE RIGHT AT 20 -- WE HAVE 24 PEOPLE WHO ARE HERE FOR PUBLIC COMMENT. I'M GOING ASK AGAIN THAT YOU KEEP YOUR COMMENTS TO THE ISSUE, NOT BE PERSONAL, AND I WILL BE VERY RESPECTFUL OF YOU IF YOU'RE RESPECTFUL OF THE REST OF US, AND WE'RE GOING TO HOLD TO THREE MINUTES ON THE COMMENTS. I KNOW THAT WE'VE HAD A LOT OF TIME AND THIS IS JUST KIND OF A SUMMARY FOR EVERYBODY, BUT WE'VE HAD A LOT OF TIME FOR INPUT, SO OUR FIRST THREE WILL BE RICH BROWN, CAM OBERTING, AND KARLA HOLDING. WOULD YOU PLEASE COME FORWARD. >> [INAUDIBLE] >>AL HIGGINBOTHAM: AND THEN AFTER THAT, THE NEXT THREE WILL BE DENISE LAYNE, MICHELLE BROOKS, AND MARCELLA OSTEEN. JUST KIND OF GIVE YOU AN OPPORTUNITY TO GET ON QUEUE. ALL RIGHT. MR. BROWN. >> HELLO. GOOD MORNING. DR. RICH BROWN, 1214 PARK CIRCLE, TAMPA. I'M HERE TODAY REPRESENTING THE BOARD OF DIRECTORS FOR THE LEAGUE OF WOMEN VOTERS OF HILLSBOROUGH COUNTY. THE HYBRID PLAN IS CERTAINLY DEMOCRACY IN ACTION. THE LEAGUE OF WOMEN VOTERS BOARD HAS READ THE DRAFTS, AND WE ENCOURAGE YOU TO SUPPORT THE HYBRID. IT'S AN ACCEPTABLE COMPROMISE, BALANCING NEEDED EFFICIENCIES FOR DEVELOPMENT AND CONTINUED PROTECTION OF OUR VITAL ECOSYSTEMS. THAT BEING SAID, I THINK -- WE THINK THE THING BECAME SO CONTENTIOUS BECAUSE OF A MISINTERPRETATION OF THE ENABLING ACT FOR THE EPC. AND YES, WE IN THE LEAGUE DO READ ENABLING ACTS, CHARTERS, HAVE OPINIONS ON THOSE THINGS. YOU SIT HERE TODAY AS THE EPC. WHILE YOU'RE EXACTLY THE SAME PEOPLE AS THE COUNTY COMMISSION, THE TWO JOBS HAVE IMPORTANT DIFFERENCES. AS THE COUNTY COMMISSION, YOU CAN GET INVOLVED IN ADMINISTRATIVE DETAILS AND YOU CAN ADVOCATE FOR INDIVIDUAL AS WELL AS COUNTYWIDE INTERESTS. AS THE EPC BOARD, WE SEE YOU AS AN OBJECTIVE AUTHORITY WITH THE MISSION OF PROTECTING THE ENVIRONMENT. YOUR ROLES TODAY ARE TO BE RULE AND REGULATION MAKERS, TO SET POLICY, AND PROVIDE SUPPORT AND GUIDANCE TO THE ENVIRONMENTAL PROFESSIONALS OF THE STAFF OF THE EPC WHO THEN IMPLEMENT YOUR RULES AND POLICIES. WE SEE YOUR EPC RULE AS BEING VERY SIMILAR TO HOW YOU ADVISE THE HILLSBOROUGH COUNTY SHERIFF'S OFFICE; THAT IS, YOUR BUDGET POLICY AND SUPPORT ROLES ARE CRITICAL, AND YOU CAN SET STANDARDS, GENERAL STANDARDS FOR HOW THE SHERIFF SERVES THE PUBLIC, BUT YOU DON'T GET INVOLVED IN DAY-TO-DAY LAW ENFORCEMENT INVESTIGATIONS NOR THE RUNNING OF THE SHERIFF'S OFFICE. WE SEE THIS RECOGNITION OF ROLES AND SEPARATION OF POWERS AS VERY IMPORTANT AND KEY TO THE STAFF'S ABILITY TO EFFECTIVELY DO THEIR JOBS. LASTLY, WE LOOK FORWARD TO SEEING SOME OF YOU AT THE LEAGUE OF WOMEN VOTERS OF HILLSBOROUGH COUNTY CANDIDATE FORUMS NEXT WEEK AND LATER IN THE YEAR. THANK YOU VERY MUCH. >>AL HIGGINBOTHAM: THANK YOU. OUR NEXT SPEAKER, CAM OBERTING. >> MY NAME IS CAM OBERTING, AND I REPRESENT THE TAYLOR ROAD CIVIC ASSOCIATION. I HAVE BEEN A MEMBER OF CEAC FOR OVER 15 YEARS AND ALSO A FARMER. SIX MONTHS AGO EPC WAS FORCED TO WORK ON THIS HYBRID PLAN. WETLANDS ARE THE WORKS OF MOTHER NATURE. EPC HAS WORKED DILIGENTLY FOR -- AND GIVEN ALL OF THEIR TIME AND ENERGY FOR EVERYONE TO HAVE A PIECE OF THE PIE; HOWEVER, SOME PEOPLE CANNOT ACCEPT THE PIECE OF THE PIE, THEY WANT TO HOG THE WHOLE PIE. PLEASE LET'S STOP WASTING TIME, LET'S MOVE FORWARD. EPC, THEY ARE THE ENVIRONMENTALISTS. THEY KNOW THE ENVIRONMENT. THEY ARE THE EXPERTS. LET'S MOVE ON AND GET THINGS MOVING. THANK YOU. >>AL HIGGINBOTHAM: THANK YOU. AFTER MS. HOLDING WILL BE DENISE LAYNE, MICHAEL BROOKS, AND MARCELLA OSTEEN, SO MS. HOLDING. >> GOOD MORNING. KARLA HOLDING, MEADOW OAKS DRIVE FROM DOVER. IN THE WORDS OF THAT GREAT PHILOSOPHER, YOGI BERRA, IT'S DEJA VU ALL OVER AGAIN. HERE WE ARE ONE YEAR LATER, WE THOUGHT WE PUT THIS ISSUE TO BED, BUT YET THE DEVELOPERS AND THEIR CHECKBOOKS -- AS CAM PUT IT -- DON'T JUST WANT A PIECE OF THE PIE, THEY WANT THE WHOLE PIE. WELL, WE DON'T WANT TO LET THAT HAPPEN. WE THINK THESE RULES ARE SANE, SENSIBLE, AND WE URGE YOU TODAY TO ADOPT THEM, AND LET'S PUT THIS TO REST. YESTERDAY IN YOUR WEARING THE HATS OF COUNTY COMMISSIONERS YOU VOTED TO SPEND $6 MILLION OF OUR TAXPAYER MONEY TO TRY TO LURE HIGH-TECH JOBS HERE IN THE FORM OF THAT LAB, WHICH IS GREAT, BUT IN DOING SO, IN TRYING TO LURE COMPANIES LIKE THAT, THEY LOOK AT THE WHOLE PACKAGE, AND A BIG PART OF THE PACKAGE IS ALL OF THE WONDERFUL THINGS THAT WE HAVE HERE TO OFFER IN THE WAY OF OUR ENVIRONMENT. CORPORATIONS AND COMPANIES LIKE THAT AREN'T GOING TO WANT TO COME TO A PLACE WHERE IT'S PAVED OVER AND POLLUTED BEYOND ALL RECOGNITION. SO SINCE WE'VE ALREADY PUT THAT MONEY IN TO TRY TO DEVELOP THAT INFRASTRUCTURE, DON'T MAKE THE MISTAKE TODAY TO TAKE TWO STEPS BACKWARDS AND GIVE IN TO THE DEVELOPERS BECAUSE I'VE NEVER YET HEARD ANYBODY TALK AND SAY, YOU KNOW, HILLSBOROUGH COUNTY DOESN'T HAVE ANY KIND OF REALLY GOOD MASS TRANSIT PLAN THAT'S COMPREHENSIVE, THAT'S REASONABLE AND AFFORDABLE, BUT BY GOLLY, YOU KNOW, IF WE COULD JUST HAVE A FEW MORE CVSs, STRIP MALLS, AND SUBDIVISIONS WITH FORECLOSED HOMES, WE COULD REALLY GET THE KIND OF PEOPLE THAT WE WANT HERE. ADOPT THESE PLANS TODAY. LET SANITY REIGN. THANK YOU. >>AL HIGGINBOTHAM: DENISE LAYNE. >> DENISE LAYNE, 2504 AYERS HILL COURT. I WANT TO REMARK ON SOMETHING SHE JUST SAID BECAUSE I WANT YOU-ALL AWARE AS OUR ENVIRONMENTAL PROTECTORS WHEN YOU'RE LURING THIS HIGH-TECH INTO THE COUNTY, YOUR JOB PROTECTING THE ENVIRONMENT -- THEY ARE HIGH-WATER USERS. A LOT OF THESE HIGH-TECH PLANTS REQUIRE A MILLION DOLLARS OF POTABLE WATER A DAY. SOME DON'T NEED IT TO BE POTABLE, IT CAN BE TREATED. PLEASE ENCOURAGE THEM TO DO THEIR OWN RECYCLING ON-SITE. HELP US WITH SOME OF THIS SO WE'RE NOT USING OUR PRECIOUS WATER FOR DRINKING FOR THE HIGH-TECH. I'M NOT SAYING DON'T GET THE HIGH-TECH, WE NEED IT, BUT THERE ARE SOME WAYS, AND PLEASE BE COGNIZANT OF THAT WHEN YOU'RE SITTING AS THE EPC PROTECTORS OF OUR ENVIRONMENT. I TOO AM STANDING BEFORE YOU TODAY TO SAY TODAY PLEASE SUPPORT STAFF'S RECOMMENDATION. THIS HAS BEEN A YEAR OF A LOT OF WORK ON A LOT OF PEOPLE'S PARTS, THE DEVELOPERS, THE AG COMMUNITY, THE HOMEBUILDERS, THE -- THERE'S A LOT -- THE CITIZENS, THE ENVIRONMENTALISTS ALL WORKED ON THIS. IT WAS A -- IT WAS A MAJORITY BRING-IT-TOGETHER COMMUNITY EFFORT, AND NO, NONE OF US 100% LIKE 100% OF EVERYTHING, BUT YOU KNOW WHAT, SOMETIMES YOU'VE JUST GOT TO ACCEPT THE COMPROMISE, YOU'VE GOT TO KNOW THAT IT REALLY IS GOOD, IT'S NOT HARMFUL, AND LET'S JUST MOVE FORWARD. THERE'S A HANDFUL OF, QUOTE, DEVELOPERS. IT IS NOT THE WHOLE DEVELOPMENT INDUSTRY THAT'S DOING THIS, AND I KNOW THAT. THE HOMEBUILDERS ACTUALLY HAVE COME OUT SUPPORTING THIS RECOMMENDATION. IT'S JUST A HANDFUL OF HOMEBUILDERS AND DEVELOPMENT INTERESTS THAT ARE AT YOU RIGHT NOW ON THIS. PLEASE LISTEN TO THE MAJORITY, PLEASE DO WHAT'S RIGHT FOR THE PUBLIC INTEREST BECAUSE WHAT YOU'RE HEARING BEHIND THE SCENES RIGHT NOW IS NOT JUST SPECIAL INTEREST, IT'S PERSONAL GAIN SPECIAL INTEREST. DO WHAT'S RIGHT, PLEASE. THANK YOU. >>AL HIGGINBOTHAM: THANK YOU. THE NEXT TWO SPEAKERS ARE MICHELLE -- MICHAEL BROOKS, MARCELLA OSTEEN, AND THE NEXT THREE ON QUEUE WILL BE MARIELLA SMITH, DAVID CAMPO, AND KEVIN BECKNER. >> THANK YOU, MR. CHAIRMAN, MEMBERS OF THE COMMISSION. I MAY NOT BE THE MOST POPULAR FOLLOWING THE PRIOR PRESENTATIONS, BUT I AM EQUALLY AS PASSIONATE, AND I AM HERE WITH NOTHING TO GAIN BUT TO TRY TO PUT MY PROFESSIONAL INPUT INTO WHAT I SEE TO BE SIGNIFICANT CONCERNS WITH THE REASONABLE USE PROCESS OR THE CRITERIA THAT'S BEEN PRESENTED TO YOU. I'M PASSING AROUND MY LETTER. YOU MAY HAVE SEEN IT IN THE BACKUP. IT'S DATED JULY 7th, 2008, AND I WROTE THIS LETTER BECAUSE I WAS CONCERNED THAT THE EPC WAS NOT RECOGNIZING SPECIFICALLY RECOMMENDATIONS THAT WERE MADE BY THE TAG COMMITTEE. THOSE ARE HIGHLIGHTED IN RED ATTACHED TO MY LETTER, SO YOU NOW HAVE A COLOR VERSION. MY CONCERNS IN PARTICULAR ARE RELATED TO THE RECOGNITION OF COMPREHENSIVE PLAN WITH REGARD TO USE OF THE PROPERTY OR REASONABLE USE OF THE PROPERTY AND RECOGNITION OF NET ENVIRONMENTAL BENEFIT. I HAVE ADDED LANGUAGE IN BLUE WHICH SUPPLEMENTS AND SUPPORTS THOSE TWO ISSUES AND PUTS SOMEWHAT MORE OF MY LEGAL BACKGROUND AND TECHNICAL LANGUAGE IN THERE RELATIVE TO THOSE PROCESSES. I'M VERY FAMILIAR WITH THE COMPREHENSIVE PLAN. WITH REGARD TO THE TAG RECOMMENDATIONS, I AM -- I'M EXTREMELY DISAPPOINTED THAT THEY WERE NOT CONSIDERED AND ARE NOT PRESENTED TO YOU IN A MEANINGFUL WAY. YOU HAVE HEARD THAT THIS WAS A MAJORITY RECOMMENDATION THAT COMES BEFORE YOU. I WAS AT THE WETLANDS ADVISORY COMMITTEE MEETING. IT WAS A 5-4 VOTE, AND THERE WERE MEMBERS MISSING. IT WAS HARDLY A -- A -- IT WAS A LIVELY DISCUSSION. IT WAS A LIVELY DISCUSSION ON CLASSIFICATION AND NET ENVIRONMENTAL BENEFIT, NUMBER ONE. THAT'S ITEM "L" THAT'S IN THE CRITERIA THAT I'VE GIVEN TO YOU. ON JULY 26th, DR. GARRITY TOLD YOU THAT CLASSIFICATION AND NET ENVIRONMENTAL BENEFIT WOULD BE PART OF THE REASONABLE USE CRITERIA THAT CAME TO YOU. IT IS NOT ADDRESSED, IT WAS NOT CARRIED THROUGH FROM THE TAG COMMITTEE RECOMMENDATIONS, AND I THINK YOU SHOULD BE UPSET ABOUT THAT. WITH REGARD TO THE COMPREHENSIVE PLAN THAT -- I HAVE MADE EDITS TO ITEMS "A" AND PARTICULARLY HAVE ADDED NUMBER "N." THOSE ARE IN RED FOR THE RECORD AGAIN, AND I ASK YOU HOW CAN YOU NOT CONSIDER THE COMPREHENSIVE PLAN WHEN EVALUATING REASONABLE USE OF LAND? IT IS THE GOVERNING -- MR. NORMAN, YOU HAVE DESCRIBED IT AS THE BIBLE OF LAND USE. EVERY DECISION THAT -- OR CASE THAT I BRING BEFORE YOU, THAT IS -- THAT IS THE CONTROLLING DOCUMENT. IN 20 YEARS OF PLANNING AND LAND USE EXPERIENCE, I JUST CAN'T UNDERSTAND THAT. MR. ALLISON BROUGHT YOU A VERY REASONABLE POINT THAT I THINK DESERVES SOME THOUGHT AS WELL IS WITH REGARD TO HIGHEST AND BEST USE IN REGARD TO THE COMPREHENSIVE PLAN. I'M NOT SURE THAT THE SCIENTISTS ARE THE BEST PERSONS TO -- >>AL HIGGINBOTHAM: THANK YOU, MR. BROOKS. >> THANK YOU. >>AL HIGGINBOTHAM: THANK YOU. MARCELLA OSTEEN, MARIELLA SMITH, DAVID CAMPO. >> GOOD MORNING. MARCELLA OSTEEN, BALM, FLORIDA. A YEAR AGO WE WERE HERE, AND I BELIEVE THAT I WAS -- EXPRESSED SOME DOUBT THAT THE EPC COULD STAND UP UNDER THE ONSLAUGHT OF WHAT I IMAGINED WOULD BE GREAT INFLUENCE AND LOBBYING BY THE DEVELOPMENT INDUSTRY TO ACTUALLY WEAKEN THE RULE, EVEN THOUGH THEY WERE INSTRUCTED NOT TO WEAKEN THE RULE. I WAS WRONG. I THINK THAT THE EPC DID STAND UP AND DO A GOOD RULE HERE, AND YOU'RE FACED TODAY WITH EITHER APPROVING IT OR NOT; HOWEVER, THIS HAS NOT PREVENTED THE LOBBY, THE DEVELOPMENT LOBBY, FROM COMING IN WHAT I CONSIDER THE LAST MINUTE WITH A FURTHER PUSH, THE FINAL BLITZ ON THIS, AND I HAVEN'T REALLY HAD TIME TO REVIEW ALL THIS IN DETAIL, BUT THE -- SEVERAL POINTS THAT I BELIEVE THEY'RE MAKING I THINK WOULD JUST REALLY BE A BAD IDEA TO COME IN AT THIS LATE POINT AND EVEN LOOK AT THESE BECAUSE THE POSSIBILITY FOR MISCHIEF IS JUST ALMOST UNLIMITED, AND MR. -- THE PREVIOUS SPEAKER SAID THAT THE CAC OR THE TAC HAD A -- ONLY THE VOTE WAS 5-4. WELL, THAT -- SO, TOO BAD, TOO SAD. THAT IS A MAJORITY VOTE, THAT'S A LEGITIMATE VOTE. THEY DID LOOK AT THE RECOMMENDATIONS. THEY ARE RECOMMENDATIONS. THEY DON'T MEAN THAT THEY'RE GOING TO HAVE TO ACCEPT THEM. I GIVE RECOMMENDATIONS ALL THE TIME TO PEOPLE, AND THEY DON'T ACCEPT IT. SO BE IT. MOVE ON. THAT'S IT. THE FOUR OR FIVE CATEGORIES, ELIMINATE THE EPC REVIEW FROM -- UP FRONT IN REZONINGS WOULD BE A VERY BAD IDEA. THEY NEED TO COME IN UP FRONT BECAUSE IT'S FINISHED. IF THEY COME IN ON THE END, THEIR BARGAINING POSITION AND THE COUNTY'S BARGAINING POSITION IS JUST ELIMINATED. CLASSIFYING WETLANDS FROM LOW-CLASS TO HIGH-CLASS, ANOTHER HORRIBLE IDEA, IT WOULD BE OPENING UP A HUGE PANDORA'S BOX FOR NITPICKING, FOR SAYING, OKAY, THIS IS A CLASS "A," CLASS "L," AND THE LAWSUITS THAT COULD COME FROM THIS WOULD JUST NOT BE A GOOD IDEA FOR US TO TAKE ON. NET ENVIRONMENTAL BENEFITS, ANOTHER PANDORA'S BOX. THERE'S JUST NO WAY THAT THAT WOULD BE A GOOD IDEA. AND AS FAR AS BRINGING IN THE FUTURE LAND USE OF A PROPERTY, LET ME COUNT THE WAYS THAT THAT WOULD BE A BAD IDEA. THE COMPREHENSIVE PLAN EXISTS. THAT'S -- IT'S JUST NOT FOR THE EPC TO GET INVOLVED IN. THE FUTURE LAND USE NOW IS BEING -- THE FUTURE LAND USE MAP IS NOW CONSIDERED BY MANY PEOPLE THAT WANT REZONINGS TO BE AN ENTITLEMENT, WHICH IT'S NOT. FUTURE LAND USE -- WHEN IS THE FUTURE? WHEN DOES IT BEGIN? IT DOESN'T BEGIN NECESSARILY RIGHT NOW. THANK YOU. >>AL HIGGINBOTHAM: THANK YOU. MARIELLA SMITH AND DAVE CAMPO. THE NEXT THREE ON QUEUE WILL BE KEVIN BECKNER, PAM CLOUSTON, AND KELLY WISHAU. >> MARIELLA SMITH FROM RUSKIN. GOOD MORNING, COMMISSIONERS. IMPROVING THE PROCESS, MAINTAINING THE PROTECTION, THAT IS THE TITLE OF THE HYBRID PROPOSAL YOU ALL AGREED TO, IMPROVING THE PROCESS, MAINTAINING THE PROTECTION. INDEED EPC HAS PROPOSED RULE AMENDMENTS THAT DO WHAT THE HYBRID WAS SUPPOSED TO DO, STREAMLINE THE PROCESS, AVOID DUPLICATION OF SERVICES, AND MAKE THE RULES MORE OBJECTIVE AND TRANSPARENT WITHOUT WEAKENING OUR WETLAND PROTECTIONS. COMMISSIONERS, YOU ASSURED US THIS HYBRID WOULD BE IMPLEMENTED WITHOUT WEAKENING OUR WETLAND PROTECTIONS, AND THIS PROPOSAL DOES ACCOMPLISH THAT GOAL. THESE RULE AMENDMENTS HAVE BEEN APPROVED BY THE WETLAND ADVISORY COMMITTEE -- ACTUALLY, IT WAS A LITTLE BIT HIGHER, IT WAS 6-5 -- AND THE CITIZEN ENVIRONMENTAL ADVISORY COMMITTEE HAD HAD A MUCH HIGHER RATIO. I KNOW BECAUSE I'M ON BOTH COMMITTEES. SO I ASK YOU TO APPROVE THESE PROPOSED RULE AMENDMENTS AS IS WITH NO FURTHER CHANGES AND NO FURTHER DELAY. WHENEVER YOU OPEN UP A LAW LIKE THIS, SPECIAL INTERESTS SWOOP IN LOOKING FOR THE OPPORTUNITY TO GET THE LAW CHANGED THEIR WAY WHILE WE'RE CHANGING THE LAW. I CAN THINK OF SOME CHANGES I WOULD LIKE TO SEE THAT WOULD TIGHTEN UP OUR PROTECTIONS, AND OTHERS WOULD LIKE TO SEE YOU LOOSEN THESE PROTECTIONS. BUT THAT'S NOT WHAT THIS HYBRID WAS SUPPOSED TO BE ABOUT. THIS PROPOSAL NEITHER STRENGTHENS NOR WEAKNESSES OUR WETLAND PROTECTIONS. IT ACCOMPLISHES YOUR GOALS OF IMPROVING THE PROCESS WHILE MAINTAINING THE PROTECTIONS. OF COURSE SOME DEVELOPERS WANT MORE, EVEN THOUGH THEY'VE GOTTEN SO MUCH OF WHAT THEY'VE ASKED FOR, ONE-STOP PERMITTING IN SOME CASES. THIS HAS REALLY IMPROVED THE PROCESS. STILL THEY WANT YOU TO CHANGE THE RULES TO ALLOW MORE WETLAND DAMAGE, AND WE ALL KNOW WHAT THEIR DEMANDS ARE AND WE KNOW WHAT -- THAT EVEN THOUGH THEY'RE COUCHING THESE DEMANDS IN DOUBLE SPEAK AND PHRASES THAT SOUND GOOD LIKE "NET ENVIRONMENTAL BENEFITS" OR "CLASSIFICATION OF WETLANDS," WE ALL KNOW THAT IF YOU GIVE INTO THESE DEMANDS, YOU WILL WEAKEN OUR PROTECTIONS. WE ALL KNOW IF YOU AGREE TO A DELAY TODAY, THE PURPOSE WILL BE TO ADD IN THESE CHANGES THAT DEVELOPERS ARE DEMANDING, CHANGES THAT WILL WEAKEN OUR WETLAND PROTECTIONS. EPC'S WETLAND RULE SAVES US TAXPAYERS A GREAT DEAL OF MONEY BY PROTECTING THE WETLANDS THAT STORE FLOODWATER AND FILTER POLLUTANTS OUT OF STORMWATER RUNOFF SO WE DON'T HAVE TO PAY TO ARTIFICIALLY RESTORE NATURAL SYSTEMS AND BUILD EXPENSIVE STORMWATER CLEANUP PROJECTS AND FLOOD CONTROL SYSTEMS. IT IS MUCH CHEAPER TO PREVENT WETLAND DAMAGE THAN TO FIX IT. PLEASE PROTECT OUR WALLETS AND OUR WETLANDS BY APPROVING THESE RULE CHANGES TODAY. THANK YOU. >>AL HIGGINBOTHAM: THANK YOU. KEVIN BECKNER. [APPLAUSE] COME FORWARD, PLEASE. ARE YOU HERE? OKAY. >> MY NAME IS KEVIN BECKNER, AND I RESIDE IN CARROLLWOOD. GOOD MORNING, MEMBERS OF THE ENVIRONMENTAL PROTECTION COMMITTEE, AND I DO REEMPHASIZE THE ENVIRONMENTAL PROTECTION COMMITTEE, AS I HOPE THAT EACH AND EVERY ONE OF YOU HAVE REMOVED YOUR COUNTY COMMISSIONER'S HAT AND ARE SITTING HERE FREE OF POLITICAL BIAS AND INFLUENCE. AS MEMBERS OF THE EPC, THE PUBLIC HAS CHARGED AND ENTRUSTED YOU TO PRESERVE AND PROTECT THE LONG-TERM INTERESTS OF OUR ENVIRONMENT IN OUR COMMUNITY. ONE YEAR AGO, THE WETLANDS DIVISION WAS NEARLY DISMANTLED AND THE LONG-TERM HEALTH OF OUR ENVIRONMENT WAS NEARLY COMPROMISED. A HYBRID PLAN WAS DEVELOPED, AND YOU PLEDGED TO THE PUBLIC THAT YOU WOULD CONTINUE TO ACT IN THE BEST INTERESTS OF OUR ENVIRONMENT AND OUR COMMUNITY. I ASK THAT YOU ADHERE TO YOUR PLEDGE TODAY AND MAINTAIN THE STRENGTH OF OUR WETLANDS BY ADOPTING THE STAFF'S RECOMMENDED RULE CHANGE AS PUBLIC NOTICED AND AIRED IN PUBLIC WORKSHOPS TODAY AND WITHOUT FURTHER CHANGES OR DELAYS. THANK YOU. >>AL HIGGINBOTHAM: THANK YOU. NEXT SPEAKER'S PAM CLOUSTON AND KELLY WISHAU, DENA LEAVENGOOD, DAVID CAMPO. PLEASE COME FORWARD, MS. CLOUSTON. >> GOOD MORNING, MR. CHAIRMAN AND COMMISSIONERS. PAM CLOUSTON, 1621 THOMPSON ROAD IN LITHIA. I REPRESENT R-LAND. I'VE BEEN ON A LITTLE LONG VACATION, AND I'VE MISSED YOU ALL SO MUCH ON TV AND OTHERWISE, AND I KNOW YOU-ALL MISSED ME TOO, DIDN'T YOU? INTERESTING. WHEN YOU'RE IN OUR CAPITOL OF OUR STATE, ALL THE ARTWORK ON THE WALLS IN THE CAPITOL IS ALL BEAUTIFUL RURAL PICTURES. DON'T SEE A BUNCH OF BUILDINGS AND ALL THAT STUFF, YOU SEE ALL OF THESE BEAUTIFUL RURAL PICTURES, MANY OF THEM WETLANDS BECAUSE FLORIDA HAS MANY, MANY WETLANDS. I'VE HEARD A LOT OF WHINING ABOUT THE -- WE LOST A ROOMS TO GO WAREHOUSE BECAUSE THEY COULDN'T USE IT BECAUSE OF THE WETLAND, THEY HAD TO GO TO ANOTHER COUNTY, AND THEN I HEARD, OH, WELL, IT DOESN'T REALLY MATTER FROM SOMEONE ELSE BECAUSE WE'VE GOT ANOTHER GROUP THAT'S GOING TO USE THAT LAND. I THINK IN THE DAY AND TIME THAT WE ARE WHERE PEOPLE SEEM TO BE CONCERNED ABOUT GLOBAL WARMING AND EVERYBODY WANTS TO GO GREEN AND WE WANT TO LURE BUSINESSES AND INDUSTRY TO OUR COUNTY, DON'T WE WANT THE BUSINESSES AND INDUSTRIES THAT COME INTO OUR COUNTY TO BE THE MOST ENVIRONMENTALLY FRIENDLY? SO IF THEY CAN'T WORK WITH A PIECE OF PROPERTY THAT THEY BOUGHT, WHETHER THEY BOUGHT IT ON SPECULATION, WHETHER THEY KNEW SOMETHING WAS THERE AND HOPED TO GET IT CHANGED OR NOT, ISN'T THAT THE TYPE OF BUSINESSES AND PEOPLE THAT WE WANT TO COME TO OUR COUNTY? I MEAN, YOU HEAR EVERYTHING. I MEAN, OUR BUILDING -- OUR ROOM IS GREEN NOW. WE CAN'T CONTINUE TO DESTROY WETLANDS AND ALLOW THEM TO BE DESTROYED. THEY ARE THE FILTER, THEY ARE THE KIDNEYS OF OUR FRESH WATER SUPPLY, AND THEY'RE THE KIDNEYS AND THE FILTER FOR THE WATER THAT GOES INTO OUR SALTWATER SUPPLY. WE'VE GOT TO BE ABLE TO KEEP IT MAINTAINED SO THAT WE CONTINUE TO HAVE POTABLE WATER FOR ALL THESE PEOPLE THAT WE'RE HOPING TO ATTRACT TO FLORIDA. I'M REALLY SORRY TO SEE THAT ONE OF OUR COMMISSIONERS ISN'T HERE. HOPEFULLY HE'LL BE BACK IN TIME TO VOTE SO WE CAN SEE HOW HE STANDS ON THAT, BUT I AM URGING YOU TO ACCEPT THIS. YOU KNOW WHAT THE OUTCRY WAS LAST YEAR WHEN SOMEONE WANTED TO ELIMINATE THIS ENTIRE DIVISION. YOU KNOW HOW THE PUBLIC FEELS ABOUT IT. WE CAN'T LET A FEW PRIVATE INTERESTS INFLUENCE THAT. I THINK DR. GARRITY AND HIS TEAM HAVE DONE THE VERY BEST THEY CAN TO TRY TO BRING THIS TO WHAT YOU SAID YOU WANTED. WELL, IS THAT REALLY WHAT YOU WANT OR ISN'T IT? AND I DO ENCOURAGE YOU TO VOTE WITH THEIR STAFF RECOMMENDATIONS. THANK YOU. >>AL HIGGINBOTHAM: THANK YOU. NEXT SPEAKER IS KELLY WISHAU, FOLLOWED BY DENA LEAVENGOOD, DAVID CAMPO, TERRY FLOTT, JOY INGRAM WILL BE ON QUEUE THEN. MS. WISHAU. >> GOOD MORNING, COMMISSIONERS. MY NAME IS KELLY WISHAU. I LIVE AT 3604 CORK ROAD, PLANT CITY, FLORIDA, AND I'M HERE TODAY -- I'M NOT A DEVELOPER, I'M A FARMER AND I'M A SINGLE MOM, AND I'M HERE TO PLEAD WITH YOU TO MAKE SURE THAT THE ABUSE OF POWER FROM THE EPC STOPS FOR PEOPLE LIKE ME. I BOUGHT MY PROPERTY IN 1999, MOVED HERE IN 2000. I CLEANED OUT DRAINAGE DITCHES THAT HAVE BEEN ON THE PROPERTY SINCE 1954. EPC CAME OUT IN 2000, AND I DIDN'T KNOW WHAT AN EPC WAS. THEY SAID THEY WERE FROM THE COUNTY. I SAID, SURE, COME ON IN, SEE WHAT I'M DOING. I'M DOING SOMETHING GOOD. BY THE TIME THEY WERE DONE WITH ME, I FELT LIKE I SHOT THE PRESIDENT OF THE UNITED STATES, AND THEY HAD ME SO SCARED THAT I DIDN'T KNOW WHETHER TO SCRATCH MY WATCH OR WIND MY BUTT, SO, YOU KNOW, THE THING IS -- AND I'M SHAKING NOW. I CAN'T TAKE IT. THEIR DECISION OF MAKING ME PUT THAT DIRT BACK INTO THOSE DITCHES CAUSED MY PROPERTY TO FLOOD OUT. I'VE LOST HUNDREDS OF TREES, I'VE LOST MY PASTURE, AND SWFWMD CAME OUT BY REQUEST OF THE DEPARTMENT OF AGRICULTURE AND THE FARM BUREAU. THEY'RE THE ONES THAT TOLD ME THESE DITCHES ARE HISTORICAL. ANYBODY CAN SEE THAT BY THE SIZE OF THE TREES THAT THEY ARE. YOU HAD EVERY RIGHT TO CLEAN THEM OUT AND YOU HAVE EVERY RIGHT TO MAINTAIN THEM. THE DAMAGE IS DONE. NOW THEY DON'T EVEN ACKNOWLEDGE THE EXEMPTION THAT -- THAT SWFWMD HAS GIVEN ME, AND NOW I'M TRYING TO CLEAN UP THE MESS THAT WAS CREATED FROM THIS FLOODING. I'M GETTING IN TROUBLE. I HAD TO TAKE A LOAN OUT TO HIRE SOMEBODY WITH BIGGER EQUIPMENT TO HELP ME MOVE THE BIGGER TREES THAT I CAN'T DO WITH MY TRACTOR, SO WHAT I'M ASKING YOU IS TO MAKE SURE IN THESE NEW RULES THAT THERE ISN'T -- I'M NOT A DEVELOPER, I'M A FARMER, AND YOU GUYS ARE ALL WANTING TO GO IN THE WAY OF PROTECTING THE ENVIRONMENT. THAT'S RIGHT. WE'VE GOT NEW ALTERNATIVE FUELS, BUT FARMERS ARE THE ONES WHO DO IT, SO DON'T TIE OUR HANDS ON THIS, COMMISSIONERS, PLEASE, AND JUST UNDERSTAND NOT ALL OF US ARE DEVELOPERS, WE'RE JUST TRYING TO MAKE A LIVING. AND THIS IS MY SON. HE IS A UNITED STATES MARINE, AND HE PROTECTS THE RIGHTS AND FREEDOMS OF EVERYBODY, AND -- IN THIS ROOM INCLUDED, AND I DON'T HAVE THE RIGHT TO PLANT GRASS ON MY PASTURE AND I DON'T HAVE THE RIGHT TO CLEAN UP TREES. WHERE IS THE JUSTICE IN THAT? THANK YOU. >>AL HIGGINBOTHAM: THANK YOU. DEANNA LEAVENGOOD. I WANT TO WAIT UNTIL THE END OF PUBLIC COMMENT. >> HELLO AGAIN, COMMISSIONERS. DENA LEAVENGOOD, CITY OF TAMPA, AND I'M HERE REPRESENTING TOMORROW MATTERS, AND AS YOU KNOW, WE'RE A GRASS-ROOTS COALITION OF CITIZENS, ORGANIZATIONS, BUSINESSES, AND GOVERNMENT WORKING TO BALANCE NATURAL, SOCIAL, AND ECONOMIC SYSTEMS IN OUR COMMUNITIES AND IN THE REGION AND LOOKED AT A GLOBAL SITUATION. AND TODAY I WANTED TO THANK YOU VERY MUCH FOR ALLOWING THE EPC TO CONTINUE TO LIVE. I WAS HERE LAST YEAR TO SPEAK IN DEFENSE OF EPC, AND I'D LIKE TO THANK ALL THE WORK THAT EPC DOES DO. I'VE WORKED WITH THEM BOTH PROFESSIONALLY AND AS A NEIGHBOR AND A CITIZEN IN THE COMMUNITY, AND THEY AN AWFUL LOT OF GOOD WORK. I'M VERY SORRY THAT MS. WISHAU'S BEEN HAVING SOME ISSUES WITH INDIVIDUALS THERE, AND I'M SURE THAT THERE WILL BE A WAY THAT WE CAN WORK THIS OUT. BUT I -- WHAT I WANT TO TALK ABOUT TODAY, THOUGH, IS YOUR ROLE AS THE EPC AND PROTECTING OUR ENVIRONMENT AND HOW IMPORTANT THAT IS ON SO MANY DIFFERENT LEVELS, AND LOOKED GLOBALLY, WE WERE A LITTLE BIT SLOW IN THE UNITED STATES TO COME TO THE UNDERSTANDING OF GLOBAL WARMING, AND WITH EPC, I KNOW YOU'RE RIGHT ON TOP OF HOW IMPORTANT THE ENVIRONMENT IS TO US HERE AND WHY THESE ARE IMPORTANT ISSUES FOR US TO BE ADDRESSING TODAY. I WOULD LIKE TO RESPECTFULLY REQUEST THAT THE EPC APPROVE THE RECOMMENDATIONS BY STAFF TODAY. ALL DELAYS DO COST US MONEY, AND WITH THE BUDGET BEING WHAT IT IS, WE DON'T NEED TO BE SPENDING ADDITIONAL TIME CONCERNED ABOUT THIS PARTICULAR ISSUE. WHAT YOU HAVE DONE WITH THE HYBRID IS YOU HAVE MADE IT POSSIBLE FOR US TO UNDERSTAND THE PROCESS, IT IS TRANSPARENT, IT'S VERY CLEAR, AND I THINK IT ALSO HAS BENEFITED US AS A HOME RULE COUNTY IN MAINTAINING OUR CONTROL, AND WE CAN HAVE BETTER CONTROL THAN THE STATE REQUIRES. THAT'S SOMETHING THAT WE CAN DO BECAUSE WE ARE A HOME RULE COUNTY, AND THIS IS KEEPING OUR ABILITY TO CONTROL OUR OWN LIVES AND OUR OWN DECISIONS HERE. SO I URGE YOU TODAY PLEASE ADOPT THE RULES THAT HAVE BEEN PROPOSED. THESE ARE GOOD RULES. IT MAKES US MORE TRANSPARENT, IT STILL PROTECTS THE ENVIRONMENT, IT STILL ALLOWS PEOPLE TO UNDERSTAND WHAT IS NEEDED TO PROTECT, AND IT WILL ALSO ALLOW US TO MOVE FORWARD, AND WITH US DOING THE ONE BAY AND THE REGIONAL VISIONS AND OUR VISIONING HERE IN HILLSBOROUGH COUNTY THAT I KNOW I'VE SPOKEN TO COMMISSIONER HIGGINBOTHAM ABOUT, THE WETLAND ARE REALLY IMPORTANT, SO LET'S NOT TIE OUR HANDS NOW AND MAKE A DECISION THAT WILL MAKE IT IMPOSSIBLE FOR US TO PRESERVE ONE OF THE REALLY IMPORTANT INDICATORS OF HOW HEALTHY OUR COMMUNITY AND OUR REGION IS. THANK YOU. >>AL HIGGINBOTHAM: THANK YOU. OUR NEXT SPEAKER ER'S DAVID CAMPO, FOLLOWED BY TERRY FLOTT, JOY INGRAM, AND BILL -- I CAN'T READ THE LAST NAME, BILL. ANYWAY, CAMPO, FLOTT, JOY INGRAM. >> GOOD MORNING, COMMISSIONERS. DAVID CAMPO, 8803 CROSSWOOD COURT, RIVERVIEW. YOU KNOW, WHEN THIS DISCUSSION STARTED LASTS YEAR -- AND I AM ONE OF THE EVIL DEVELOPERS, BY THE WAY. WHEN THIS DISCUSSION STARTED LAST YEAR, FROM MY PERSPECTIVE IT WAS ABOUT DUPLICATION AND UNFAIR TREATMENT BY CERTAIN MEMBERS OF EPC STAFF, AND I CAN'T REALLY SAY THAT I HAVE ANY PROBLEM WITH THIS HYBRID PLAN OR THESE NEW RULES. I'M NOT SURE THERE'S A LOT OF SUBSTANCE HERE. THIS DOES NOTHING TO ADDRESS THE 99% OF THE PERMITS THAT THE DEVELOPMENT COMMUNITY ACTUALLY PROCESSES, WHICH ARE ERP PERMITS WHICH GET PROCESSED THROUGH SWFWMD. I WANT TO BE CLEAR ON THAT. THAT'S ABOUT 99% OF THE PERMITS THAT THE DEVELOPMENT COMMUNITY PROCESSES. WE'VE DONE NOTHING TO ADDRESS THAT DUPLICATION. SO I'M NOT SURE WE MADE ANY PROGRESS ON THAT. I DO AGREE WITH WHAT MR. ZODROW SAID, WE'RE NOT REALLY CHANGING THE RULES -- CHANGING THE RULES. PASS THE PLAN, DON'T PASS THE PLAN. IT'S KIND OF NEITHER HERE NOR THERE. I'M NOT SURE THAT WE GOT ANYTHING TOWARDS THE OBJECTIVE OF HAVING A CLASSIFICATION SYSTEM. IT'S NOT A VEILED ATTEMPT TO DESTROY WETLANDS, IT WAS NEVER ABOUT DESTROYING WETLANDS WITH US. WE JUST WANTED A FAIR PROCESS. THERE REALLY ARE NO NEW EXEMPTIONS IN THE PLANS, THEY'RE JUST KIND OF REWRITTEN EXECUTIVE DIRECTOR'S AUTHORIZATIONS, AND THERE'S REALLY NO STREAMLINING THAT AFFECTS ME. I'LL RESTATE THAT AGAIN. DELEGATION FROM THE PORT AUTHORITY AND DELEGATION FROM DEP AND DELEGATION FROM THE CORPS BY AND LARGE DOESN'T AFFECT THE DEVELOPMENT COMMUNITY EXCEPT IN VERY RARE INSTANCES, SO THERE REALLY IS NO DELEGATION FROM SWFWMD. IT'S NEVER GOING TO COME. IT'S A PIE-IN-THE-SKY PIPE DREAM, BUT I'M GLAD THAT MS. WISHAU GOT TO SPEAK ABOUT THE UNFAIR TREATMENT. I HAVE DEALT WITH EPC EMPLOYEES OVER THE YEARS, AND I CAN TELL YOU THAT BY AND LARGE THE ADMINISTRATION IS WONDERFUL TO WORK WITH. UNFORTUNATELY, THAT DOESN'T ALWAYS GET PASSED THROUGH TO STAFF, SO ADOPT THE RULES OR NOT, THERE REALLY ISN'T ANYTHING HERE OF SUBSTANCE, BUT I DID WANT TO MAKE THAT CLEAR THAT THE IMPORTANT DUPLICATION PROBLEMS THAT EXISTED A YEAR AGO STILL DO EXIST. THANK YOU. >>MARK SHARPE: TERRY FLOTT AND THEN JOY INGRAM. >> GOOD MORNING, COMMISSIONERS. TERRY FLOTT, SEFFNER COMMUNITY ALLIANCE AND UNITED CITIZENS ACTION NETWORK. LIKE THE NEW DECOR. I HOPE IT'S AN OMEN OF YOUR VOTE TODAY WITH THE GREEN WALLS. I'M GOING TO TRY NOT TO REPEAT A LOT OF WHAT'S BEEN SAID -- MOST HAVE BEEN COVERED, BUT I DO HAVE -- MUST REPEAT ONCE AGAIN THAT YOUR DUTY IS TO PROTECT OUR WETLANDS. ANY MODIFICATION TO THIS RULE WILL REDUCE THE EFFECT OF THE RULE, IT WILL REDUCE THE WETLANDS PROTECTION. YOUR COMMITMENT TO EVERYBODY WAS THAT YOU WOULDN'T BE WEAKENING THE RULE, AND IF YOU START DILLYDALLYING AROUND, WHICH IS ONE OF THE TACTICS, I THINK, YOU'RE GOING TO BE WEAKENING THE RULE. WHAT MAKES US DIFFERENT THAN SWFWMD WITH THE EPC -- US HAVING EPC IS -- IS -- AVOIDANCE IS THE FIRST CRITERIA. SWFWMD DOESN'T DO THAT. IF WE WANT TO BE SWFWMD, THEN WHAT CAN I SAY, YOU KNOW, IT'S JUST -- WE'RE IN BIG TROUBLE. IF WE DON'T -- I'LL MOVE ON TO THE REZONING ISSUES. HAVING SAT ON THE PD COMMITTEE AND GONE THROUGH THAT NIGHTMARE, I CAN TELL YOU -- AND HAVING HEARD DEVELOPERS TALK ABOUT NOT BEING TOLD UP FRONT WHAT THEY COULD OR COULDN'T DO, I THINK IT WOULD BE A HUGE MISTAKE FOR US TO EVEN CONSIDER NOT REVIEWING REZONING APPLICATIONS UP FRONT OR WORSE YET, ELIMINATING THEM FROM THE PROCESS. THE CLASSIFICATION OF WETLANDS -- I'M JUST PICKING OUT ITEMS SO THAT I DON'T -- I BELIEVE WAS A VOTE BY THE TAG COMMITTEE, THAT -- IT WAS DISCUSSED WITH THEM, AMONGST THEM, AND THEY VOTED TO NOT RECOMMEND CLASSIFYING THE WETLANDS. STAFF CAN PROBABLY EXPLAIN THAT A WHOLE LOT BETTER THAN I CAN, BUT IT'S A HARD THING TO DO APPARENTLY. THE DUPLICATION OF EFFORT DOESN'T EXIST, IT'S A RUSE. I THINK STAFF'S DONE AN EXCELLENT JOB. I KNOW YOU'RE PROBABLY SHOCKED THAT I'M UP HERE ACTUALLY SUPPORTING IT AFTER WHAT WE WENT THROUGH LAST YEAR, BUT I WOULD ASK YOU -- WE NEED TO MOVE ON. WE HAVE BUDGET ISSUES WE'RE DEALING WITH AS WELL. TO KEEP DELAYING THIS IS JUST LUDICROUS AND TIRESOME. AND ONE OTHER THING. FUTURE LAND USE IS NOT AN ENTITLEMENT. >>AL HIGGINBOTHAM: THANK YOU. JOY INGRAM AND THEN BILL -- I NEED A COMMITTEE RULE ON -- >>MARK SHARPE: [INAUDIBLE] >>AL HIGGINBOTHAM: -- LUSINGER, AND VIVIAN BACCA. JOY. >> GOOD MORNING. I'M JOY INGRAM. I LIVE AT 12349 JESS WALDEN ROAD IN DOVER, AND I CAN'T REALLY OFFER A WHOLE LOT THAT HASN'T ALREADY BEEN SAID, BUT JUST AS ONE MORE CITIZEN'S OPINION, I WOULD LIKE TO ENCOURAGE YOU TO GO AHEAD AND VOTE FOR THESE RECOMMENDATIONS. I SEE ALL AROUND ME A GROWING CONCERN FOR A GREEN APPROACH. THAT'S NOT JUST IN OUR AREA, THAT'S IN OUR COUNTRY, THAT'S IN OUR WORLD. WE ALL KNOW THE IMPORTANCE OF THAT. I REALLY WANT TO ENCOURAGE YOU NOT JUST, THOUGH, TO ADOPT THOSE RECOMMENDATIONS, I WANT YOU TO GO FURTHER THAN THAT. I DON'T WANT YOU TO STOP WITH YOUR ROLE AS SETTING THE RULES AND PROTECTING THE RULES, I WANT YOU TO ALSO FEEL THE INTENT OF THE RULES IN YOUR ROLE AS THE -- AS THE COMMISSIONERS. I THINK IT WAS SAID BEFORE IN A SLIGHTLY DIFFERENT WAY, BUT AS THE EPC, YOU ARE THE LETTER OF THE LAW; AS THE COMMISSIONERS, YOU ARE THE SPIRIT OF THE LAW, AND WE LOOK TO YOU. WE EXPECT YOU TO DO BOTH OF THOSE THINGS, BOTH PROTECT THE RULES AND ALSO THE INTENT, AND THE INTENT IS TO SAVE AS MUCH OF OUR NATURAL RESOURCES AS WE CAN. WE'RE COUNTING ON YOU TO DO BOTH OF THOSE THINGS, AND WE'RE WATCHING YOU AND WE ARE VOTING, AND WE WILL REMEMBER. AND I WOULD LIKE TO JUST SAY THANK YOU FOR YOUR TIME AND FOR YOUR POSITIVE VOTE ON THIS. >>AL HIGGINBOTHAM: THANK YOU. BILL LUSINGER. IS HE HERE? I DON'T -- ALL RIGHT. VIVIAN BACCA, HERBERT BELCHER, AND MARY BRIGHT, IF YOU'D STILL COME ON FORWARD. >> I APOLOGIZE FOR MY SCRIBBLING. AS A YOUTH, I WAS ADMONISHED BY THE NUNS WITH A RULER ON MY KNUCKLES THAT I DID NOT WRITE LEGIBLY AND ONE DAY THAT WOULD CATCH UP WITH ME, AND OBVIOUSLY IT HAS TODAY. I AM BILL LUSINGER. I RESIDE AT 4207 WOODSIDE MANOR DRIVE, AND I GUESS I WOULD LIKE TO BEGIN BY USING A HARRY TRUMAN QUOTE, WHICH I THINK IS PRETTY APROPOS. THE ONLY THING WORTH LEARNING -- ONLY THINGS THAT ARE WORTH LEARNING ARE THE THINGS YOU LEARN AFTER YOU KNOW IT ALL. SO HERE I AM STANDING BEFORE YOU TODAY AS A KNOW-IT-ALL WHO REALLY HAS SOME QUESTIONS ABOUT THE PROCESS THAT WE'RE ABOUT IN THE COUNTY. I'M IN THE GOLF COURSE INDUSTRY, AND THERE'S NOT AN INDUSTRY IN THE UNITED STATES OR PROBABLY ANYWHERE IN THE WORLD THAT IS MORE SUPPORTIVE OF WETLANDS THAN THE GOLF COURSE INDUSTRY. WE SPEND LITERALLY MILLIONS AND MILLIONS OF DOLLARS THROUGHOUT THIS COUNTRY AND A WHOLE LOT OF THEM IN HILLSBOROUGH COUNTY TO MAINTAIN PRISTINE WETLANDS; HOWEVER, LIKE EVERYONE, MY BUDGET HAS BEEN CUT DRASTICALLY. I'VE BEEN FORCED TO TERMINATE EMPLOYEES. LIKE YOU, I'M SURE YOU'RE IMPACTED BY WHAT YOU'RE PAYING FOR FUEL. ALL MY TURF EQUIPMENT, MY BUDGET UNFORTUNATELY DOESN'T SUPPORT IT, BUT THE COST HAS DOUBLED. ALL THE PESTICIDES, THE HERBICIDES, THE FERTILIZERS THAT WE USE ON GOLF COURSES ARE ALL PETROLEUM BASED, SO THEY'VE ALL DOUBLED. SO I GUESS THE QUESTION I WOULD HAVE FOR YOU TODAY IS HOW CAN YOU DUPLICATE AN ALREADY EXISTING SERVICE WHICH IS PROVIDED BY SWFWMD, BY THE STATE ENVIRONMENTAL PROTECTION ASSOCIATION -- AGENCY, AND THE CORPS OF ENGINEERS WHEN YOU DON'T HAVE THE MONEY TO SPEND JUST LIKE I DON'T HAVE THE MONEY TO SPEND? WOULD I LIKE TO GO AND BUY MORE FERTILIZER TO PUT ON APPLICATION? WE'VE HAD SIX INCHES OF RAIN IN THE LAST WEEK. THAT TENDS TO LEECH THE NUTRIENTS OUT OF THE GROUND, BUT I CAN'T DUPLICATE WHAT I'VE ALREADY DONE. A LITTLE ANECDOTE. IN TERMS OF WETLANDS, I'VE HAD TWO PROJECTS IN THE LAST YEAR AND A HALF WHICH HAVE IMPACTED WETLANDS. IN ONE CASE NO ONE FROM THE EPC EVER CAME OUT, NEVER SAW THEM. WAS SWFWMD THERE? ABSOLUTELY. THEY WERE THERE IN THE BEGINNING, THEY WERE THERE DURING, AND THEY WERE THERE IN THE COMPLETION, NOT ONLY MAKING SURE THAT THE WETLANDS WERE PROTECTED BUT ALSO MAKING SURE THAT AS A BUSINESSPERSON -- >>AL HIGGINBOTHAM: THANK YOU, SIR. >> MY -- >>AL HIGGINBOTHAM: VIVIAN BACCA, HERBERT BELCHER -- >> -- MY INVESTMENT WAS ADEQUATE. >>AL HIGGINBOTHAM: -- AND MARY BRIGHT. >> GOOD MORNING. VIVIAN BACCA, 413 EL GRECO DRIVE IN BRANDON, ALSO A MEMBER OF THE BOARD OF DIRECTORS OF U-CAN, UNITED CITIZENS ACTION NETWORK. WE SUPPORT THE RULE CHANGES AS CURRENTLY PROPOSED BY EPC STAFF, AND I'M ALSO HERE AS A -- THE ONLY PERSON ON THE BRANDON COMMUNITY PLANNING WORKING COMMITTEE WHO HAS OFFICIALLY GOT PERFECT ATTENDANCE. [APPLAUSE] AND I WOULD LIKE TO MENTION THAT SOME -- MR. BROOKS REMARKED NOT EVERYONE WAS AT THE COMMITTEE WHEN THEY HAD THE VOTE. NOW, I GOTTA TELL YOU, PERFECT ATTENDANCE IS NOT EASY. THERE'S ALWAYS CONFLICTS, AND YOU HAVE TO MAKE CHOICES AS TO WHAT'S THE MOST IMPORTANT THING TO YOU, AND SOMETIMES THERE'S UNAVOIDABLE THINGS WHERE YOU CAN'T MAKE A MEETING, BUT IF YOU COULDN'T BE THERE, ODDS ARE YOU THOUGHT SOMETHING ELSE WAS MORE IMPORTANT OR YOU RELIED ON THE COMMITTEE MEMBERS THAT WERE THERE. SO JUST BECAUSE PEOPLE AREN'T IN A MEETING, I DON'T THINK YOU SHOULD ASSUME THAT THEY WOULD HAVE VOTED AGAINST SOMETHING. I ALSO HAPPENED TO BE YESTERDAY AT THE BUSINESS INDUSTRY GROUP SESSION FOR THE I-4 ECONOMIC CORRIDOR PLAN, AND ONE OF THE THINGS THAT PEOPLE WERE ASKING WAS WHAT DO PEOPLE WANT WHEN THEY RELOCATE TO A RESEARCH PARK? THEY TALKED ABOUT A CAMPUS STYLE, AND AFTERWARDS I WAS TALKING TO SOMEONE ABOUT THIS, AND SHE'S IN THE ECONOMIC DEVELOPMENT COMMITTEE OF 100, AND SHE SAID, YOU KNOW, PEOPLE WANT WORKFORCE HOUSING, THEY WANT TO BE ABLE TO BIKE. THEY ARE ENVIRONMENTALLY CONSCIOUS PEOPLE. THEY'RE LOOKING FOR ENVIRONMENTALLY CONSCIOUS THINGS, SO I THINK ONE OF THE SELLING POINTS FOR OUR COUNTY IS THE FACT THAT WE ARE ENVIRONMENTALLY CONSCIOUS, AND SO I WOULD HOPE THAT YOU WOULD NOT CONSIDER DELAYING THESE RULE CHANGES ANY FURTHER. LET'S GET THEM IN PLACE AND SEE HOW THEY WORK. THANK YOU. >>AL HIGGINBOTHAM: HERBERT BELCHER, MARY BRIGHT, BEV GRIFFITHS. >> YES. MY NAME'S HERBERT BELCHER, SEFFNER, FLORIDA. JUST WANTED TO SAY I WISH YOU TO SUPPORT THE EPC AS IT'S BEEN CHANGED, AND PLEASE -- PLEASE DO SO AT THE EARLIEST CONVENIENCE. DON'T DELAY. THANK YOU VERY MUCH. >>AL HIGGINBOTHAM: MARY BRIGHT, BEV GRIFFITHS, AND MARILYN SMITH. >> HELLO AGAIN. MARY BRIGHT. WHEN YOU CONSIDER DEVELOPERS' REQUESTS THAT WILL HAVE A NEGATIVE IMPACT ON THE ENVIRONMENT, PLEASE CONSIDER HOW MUCH IT WILL COST TO REPAIR THE DAMAGE THAT WILL RESULT FROM THESE DECISIONS. JUST ONE EXAMPLE HERE IN FLORIDA IN THE NEWS LATELY HAS BEEN OUR FLORIDA EVERGLADES. OUR STATE HAS ALREADY SPENT BILLIONS OF DOLLARS AND IS SCHEDULED TO SPEND BILLIONS MORE TO TRY TO SAVE THE FLORIDA EVERGLADES. EVEN AFTER SPENDING POSSIBLY $10 BILLION OR MORE TO TRY AND REPAIR THE EVERGLADES, THEY SAY IT WILL NEVER BE THE PRISTINE, BEAUTIFUL PLACE THAT IT ONCE WAS, YET WE HAVE TO SPEND THIS MONEY BECAUSE IT'S A PRIMARY SOURCE OF WATER FOR FLORIDA. WHATEVER DAMAGE WE ALLOW TO HAPPEN TO OUR ENVIRONMENT HERE IN HILLSBOROUGH COUNTY WE WILL EVENTUALLY HAVE TO PAY FOR BECAUSE WE MUST HAVE CLEAN WATER. I WILL ALSO SAY REGARDING THE GENTLEMAN WHO WAS UP HERE TALKING ABOUT GOLF COURSES BEING SO PRO ENVIRONMENT AND THEN HE ADMITTED THAT THEY PUT DOWN PESTICIDES, FERTILIZERS, HERBICIDES, ON AND ON AND ON, I MEAN, COME ON, GOLF COURSES ARE NEVER PRO ENVIRONMENT. NEVER THOUGHT THAT THEY WERE. THANK YOU VERY MUCH. >>AL HIGGINBOTHAM: THANK YOU. BEV GRIFFITHS, MARILYN SMITH, AND SUSAN WATSON. >> GOOD MORNING, COMMISSIONERS. BEV GRIFFITHS, CHAIR OF TAMPA BAY SIERRA CLUB ON BEHALF OF OUR MORE THAN 1500 MEMBERS, MOST OF WHOM RESIDE IN HILLSBOROUGH COUNTY. TAMPA BAY SIERRA CLUB RECOMMENDS ADOPTION OF THE WETLANDS RULE CHANGES AS PROPOSED BY EPC AND THEIR STAFF. EPC HAS COMPLIED WITH THE DIRECTIVE GIVEN TO THEM, AND THEY HAVE CREATED A PROCESS THAT IS MORE STREAMLINED AND TRANSPARENT. THE CITIZENS OF HILLSBOROUGH COUNTY HAVE DEMONSTRATED THAT THEY PLACE A VERY HIGH VALUE ON ALL TYPES OF WETLANDS, INCLUDING OUR LAKES, CREEKS, STREAMS, RIVERS, AND BAYS. WE KNOW THAT WETLANDS PERFORM MULTIPLE BENEFICIAL FUNCTIONS FOR EVERYONE, AND AS MARY STATED EARLIER, WE NEED ONLY LOOK AT THE EVERGLADES TO LEARN THOSE LESSONS. WETLANDS ARE A DEFINING CHARACTERISTIC OF FLORIDA. LET'S PRESERVE THEM BY ADOPTING THIS EPC RULE CHANGE. THANK YOU VERY MUCH. >>AL HIGGINBOTHAM: MARILYN SMITH. MARILYN SMITH, SUSAN WATSON, ROY DAVIS, AND THEN THE LAST WILL BE DR. ANN HODGSON. >> YES. MY NAME IS SUSAN WATSON. I LIVE AT 3624 WINDCHIME LANE, DOVER, FLORIDA. WE HAVE A VERY ACTIVE, INVOLVED COMMUNITY IN THE SEFFNER- DOVER AREA. MANY OF THE SPEAKERS HERE TODAY COME FROM THAT AREA. I ACTUALLY LIVE ON THE EDGE OF A MAJOR WETLANDS, AND WE ARE DEDICATED TO PRESERVING THIS WETLANDS. OUR NEIGHBORS ARE SO DEDICATED THAT FOR THE NEXT TWO WEEKS WE'LL BE TRAVELING TO TALLAHASSEE TWICE TO PRESERVE THIS PARTICULAR WETLAND. I WOULD LIKE TO THANK YOU FOR PROTECTING THE FUTURE, AND AS YOU WAKE UP EACH DAY, YOU SAY TO YOURSELF, WHAT CAN I DO TODAY TO HELP NOT ONLY MYSELF BUT MY FAMILY AND THE FUTURE OF THE CHILDREN IN THE AREA, AND THIS IS WHAT YOU'RE GOING TO DO IF YOU PASS THE PROPOSED RULE AMENDMENTS. ONE POINT THAT I WOULD LIKE TO MAKE IS SWFWMD'S PURPOSE IS NOT TO PROTECT THE ENVIRONMENT, THEIR MAIN PURPOSE IS FOR THE STORMWATER DIVERSION. THIS IS NOT A DUPLICATION OF SERVICES, SO PLEASE THINK ABOUT THIS AND PLAN YOUR -- PROTECT THE WETLANDS AND PASS THE AMENDMENT. THANK YOU SO MUCH. >>AL HIGGINBOTHAM: ROY DAVIS, AND OUR FINAL SPEAKER WILL BE DR. HODGSON. >> GOOD MORNING, COMMITTEE MEMBERS. MY NAME IS ROY DAVIS. I REPRESENT -- I AM A MEMBER OF THE CEAC COMMITTEE AND THE WAC COMMITTEE. I DO NOT APPEAR HERE TODAY TO SPEAK AS SUCH, I AM HERE TO SPEAK AS AN INDIVIDUAL AND AS A REPRESENTATIVE OF THE AGRICULTURAL COMMUNITY. I'M CONCERNED NOT ABOUT THIS HYBRID RULE. THERE'S NOTHING WRONG WITH THE HYBRID RULE THAT WE CAN'T TWEAK. WHAT I'M CONCERNED ABOUT IS THE LACK OF INTERDEPARTMENT WORKING BETWEEN VARIOUS DEPARTMENTS OF GOVERNMENT. AS AN EXAMPLE, WE HAVE TWO FARMS THAT HAVE BEEN IN THE PROCESS OF TRYING TO BECOME ESTABLISHED HERE IN HILLSBOROUGH COUNTY FOR A YEAR AND A HALF NOW, AND THEY HAVE NOT BEEN ABLE TO DO SO BECAUSE THE VARIOUS DEPARTMENTS OF GOVERNMENT FROM WHOM ALL OF THESE PERMITS HAVE TO BE GOTTEN WON'T WORK TOGETHER. AS SOON AS ONE DEPARTMENT GETS THROUGH WITH THEM, THEN SOMEBODY ELSE COMES IN WITH AN ENVIRONMENTAL PROBLEM, WITH AN EPC PROBLEM. EPC, WE GET THAT SOLVED, AND THEN PLANNING AND GROWTH MANAGEMENT DECIDES MAYBE THERE MIGHT BE A PROBLEM WITH WILDLIFE PRESERVATION ON THE PROPERTY. THESE TWO FARMS SHOULD HAVE BEEN ABLE TO FARM THIS YEAR, AND WE ARE GETTING CLOSER TO A RESOLUTION IN BOTH CASES, BUT WE'RE NOT THERE, AND MY PAST EXPERIENCE HAS SHOWN IF WE'RE NOT THERE, WE'RE NOT THERE, AND I HAVE NO IDEA WHETHER THESE TWO FARMERS ARE GOING TO BE ABLE TO FARM THIS YEAR OR NOT. WITH 187,000 ACRES TAKEN OUT OF PRODUCTION IN FLORIDA THIS YEAR OR WILL BE IN SIX YEARS BECAUSE THE STATE HAS PURCHASED THE PROPERTY, WE HAVE TO LOOK TOWARD OTHER PEOPLE TO PRODUCE FOOD FOR THIS STATE, AND IF WE BREAK THESE FARMERS FINANCIALLY BEFORE THEY ULTIMATELY AND EVENTUALLY ARE ABLE TO PUT THESE FARMS INTO PRODUCTION, THEN THEY STILL CAN'T FARM, AND THE STATE'S GOING TO OWN THAT LAND. WE HAVE TO DEVELOP A COOPERATIVE SYSTEM THAT WILL ALLOW PEOPLE TO DO THINGS. YOU'VE SEEN THE OLD REDNECK CAP THAT SAYS "GIT-R-DONE," WELL, THAT'S WHAT YOU NEED TO HAVE IN THIS RULE, A RULE REQUIRING US TO GIT-R-DONE, AND I'M HOPING MY MEETING TOMORROW WILL RESOLVE ONE OF THESE CASES, BUT THE HANGING POINT IS THAT THERE'S A $17,000 FINE THAT'S GOING TO FURTHER DRAG THIS FARMER DOWN SO THAT HE WON'T BE ABLE TO FARM IN THE CONSENT ORDER, AND WE CAN'T AGREE TO THAT, SO I'M ASKING EPC TO TALK WITH YOU COMMITTEE MEMBERS AND LET'S TRY TO RESOLVE THIS -- >>AL HIGGINBOTHAM: THANK YOU. >> -- COOPERATIVELY. THANK YOU. >>AL HIGGINBOTHAM: DR. HODGSON, DR. ANN HODGSON. >> GOOD MORNING. I'M ANN HODGSON. I'M THE REGIONAL DIRECTOR FOR AUDUBON OF FLORIDA'S FLORIDA COASTAL ISLAND SANCTUARIES PROGRAM IN OUR GULF COAST REGION, AND I'M HERE TODAY TO PRESENT JUST A FEW COMMENTS. I WANTED TO LET YOU KNOW THAT I HAD THE HONOR TO SERVE ON THE WETLANDS TECHNICAL ADVISORY GROUP FOR THE LAST YEAR AND ALSO WAS HONORED TO SERVE AS THE CHAIRMAN OF THE MITIGATION PROCESS AND MITIGATION BANKING SUBCOMMITTEES. THE DRAFT STAFF RULES THAT ARE PRESENTED TO YOU HERE TODAY I THINK ACCURATELY INCORPORATE THE DISCUSSIONS THAT THE WETLANDS TAG, THE TECHNICAL ADVISORY GROUP, CONDUCTED OVER THE PAST YEAR, AND I WILL SAY THAT WE HAD A LOT OF MEETINGS. I THINK I HAVE ALMOST A PERFECT ATTENDANCE RECORD. AND I CAN ASSURE YOU THAT WE HAD AMPLE MEETINGS TO DISCUSS ALL OF THE ISSUES THAT WE WERE CHARGED WITH DISCUSSING. WE HAD VERY GOOD REPRESENTATION AND WELL-QUALIFIED PEOPLE ON THE TECHNICAL ADVISORY GROUP, AND I THINK THEY REPRESENTED ALL ASPECTS OF THE CITIZENRY WHO ARE INVOLVED IN DISCUSSING THE ISSUES IN THE HYBRID RULE. THROUGH THOSE FULL DISCUSSIONS WE AIRED OUT THE ISSUES, WE CAME TO CONSENSUS POSITIONS IN MANY CASES, WE PRODUCED A SERIES OF WHITE PAPERS WHICH HAVE BEEN POSTED ON THE HILLSBOROUGH COUNTY ENVIRONMENTAL PROTECTION COMMISSION'S WEB SITE FOR -- I THINK THE FINAL PAPERS HAVE BEEN POSTED FOR WELL OVER A MONTH, AND THEY CLEARLY EXPRESS WHERE THERE ARE CONSENSUS POINTS OF VIEW AND WHERE THERE MAY BE PROS OR CONS, AND THERE WAS NOT FULL CONSENSUS. THE DISCUSSIONS WERE NOT ARBITRARY, THEY WERE NOT FRIVOLOUS, THEY WERE VERY THOUGHTFUL AND THEY WERE VERY THOROUGH DISCUSSIONS, AND THROUGH ALL OF THAT, I THINK THEY LED THE STAFF TO BE ABLE TO PRODUCE THE DRAFT RULES THAT YOU HAVE BEFORE YOU TODAY THAT WE HOPE YOU'LL CONSIDER AND ADOPT. WETLAND PROTECTION IN HILLSBOROUGH COUNTY, OF COURSE, IS AN INDICATION OF GOOD PLANNING, IT LEADS TO A BETTER QUALITY OF LIFE, AND IT LEADS TO COST-EFFICIENT MANAGEMENT OF THE PUBLIC INFRASTRUCTURE, AND ALL OF THOSE THINGS I THINK REFLECT INCREDIBLY ON THE LEADERSHIP AND THE GOVERNMENT IN THIS COUNTY. THANK YOU VERY MUCH. WE APPRECIATE THE OPPORTUNITY TO HAVE SERVED YOU ON THE ENVIRONMENTAL PROTECTION COMMISSION. >>AL HIGGINBOTHAM: THANK YOU. AND THAT CONCLUDES PUBLIC COMMENT. [APPLAUSE] WE HAVE SEVERAL COMMISSIONERS WHO WOULD LIKE TO WEIGH IN ON THIS ISSUE, AND I KNOW, COMMISSIONER BLAIR, YOU HAD TO LEAVE BECAUSE YOU SAID YOU HAD A SCHEDULED PORT AUTHORITY MEETING, SO GLAD TO HAVE YOU BACK TO WEIGH IN ON DEBATE. COUNSELOR TSCHANTZ. >>RICHARD TSCHANTZ: THIS WOULD BE THE POINT WHERE I NEED TO READ IN THE WETLAND ADVISORY COMMITTEE AND THE CEAC COMMENTS INTO THE RECORD. >>AL HIGGINBOTHAM: THANK YOU. >>RICHARD TSCHANTZ: THEN WE CAN HAVE THE BOARD DISCUSSION. A JOINT MEETING OF THE CITIZENS ENVIRONMENTAL ADVISORY COMMITTEE AND THE WETLANDS ADVISORY COMMITTEE STAKEHOLDERS GROUP WAS HELD ON JULY 7th TO REVIEW PROPOSED AMENDMENTS TO THE WETLAND RULES OF THE EPC. THE EPC STAFF PROVIDED AN OVERVIEW OF THE PROPOSED CHANGES TO WETLANDS RULES CHAPTER 1-11 AND DELEGATION RULE CHAPTER 1-13. THERE WAS SUBSTANTIAL DISCUSSION AMONG THE GROUP SURROUNDING THE BASIS OF REVIEW DOCUMENT TO BE INCORPORATED INTO CHAPTER 1-11. MUCH OF THE DISCUSSION DEALT WITH ISSUES RELATING TO HOW ZONING, COMPREHENSIVE PLAN, AND NET ENVIRONMENTAL BENEFITS WOULD BE CONSIDERED WHEN EVALUATING IF WETLAND IMPACTS ARE NECESSARY FOR REASONABLE USE OF THE PROPERTY. FOLLOWING THE PRESENTATION AND DISCUSSIONS, BOTH OF THE COMMITTEES INDEPENDENTLY VOTED ON THE FOLLOWING MOTION TO PRESENT TO THE ENVIRONMENTAL PROTECTION BOARD: WE RECOMMEND THAT THE ENVIRONMENTAL PROTECTION COMMISSION BOARD APPROVE THE PROPOSED AMENDMENTS TO THE WETLAND RULE CHAPTER 1-11 AND DELEGATION RULE CHAPTER 1-13, RULES OF THE EPC, SUBJECT TO MINOR ADMINISTRATIVE REVISIONS THAT MAY ARISE FROM THE FINAL PUBLIC WORKSHOP TO BE HELD ON JULY 9th, 2008. THE MOTION WAS PASSED BY THE WETLAND ADVISORY COMMITTEE STAKEHOLDERS GROUP BY A 6-5 VOTE IN FAVOR. THE MOTION WAS PASSED BY THE CITIZENS ENVIRONMENTAL ADVISORY COMMITTEE BY A 7-4 VOTE IN FAVOR. THAT CONCLUDES THEIR REPORT. I WILL NOTE THAT THERE WERE 14 MEMBERS OF THE WETLAND ADVISORY COMMITTEES IN TOTAL. 11 WERE PRESENT FOR THE VOTE. THERE WERE 17 MEMBERS OF THE CITIZENS ENVIRONMENTAL ADVISORY COMMITTEE, AND ALSO 11 MEMBERS WERE THERE PRESENT TO VOTE. >>AL HIGGINBOTHAM: THANK YOU. I KNOW THAT WE'VE GOT SEVERAL COMMISSIONERS WHO WANT TO SPEAK. ONE OF THEM, I THINK, WAS -- THANK YOU FOR YOUR PATIENCE, COMMISSIONER WHITE. MAYBE IT WAS TO THE WISHAU CASE. I'M FAMILIAR WITH IT. THERE HAVE BEEN QUITE A BIT OF STAFF MEETINGS ON THAT, AND INFORMATION CAME UP YESTERDAY ABOUT POSSIBLE STAFF CONDUCT, AND I HOPE WE'LL DELVE INTO THAT OUTSIDE OF THIS. IS MS. WISHAU STILL -- I DON'T SEE HER HERE. ANYWAY, LET'S MOVE FORWARD. COMMISSIONER WHITE. >>KEVIN WHITE: THANK YOU, MR. CHAIRMAN. THAT WAS ONE OF THE ISSUES WHEN I FIRST PUSHED THE LIGHT WAS FOR MS. WISHAU, AND I WANTED TO ASK HER SOMETHING, BUT I GUESS SHE HAS SINCE LEFT, BUT I UNDERSTAND THAT THIS -- WHAT OUR ATTORNEY, MR. TSCHANTZ, HAS SAID, THAT THERE'S A POTENTIAL CAUSE OF ACTION, SO WE DON'T WANT TO DELVE INTO THAT TOO MUCH, BUT I'D LIKE TO JUST ASK SOME GENERIC QUESTIONS. ONE OF THE THINGS THAT SHE WAS MENTIONING WAS SHE HAD A LETTER OR SOME SORT OF PERMIT FROM SWFWMD THAT WAS SAYING THAT SHE WAS ALLOWED TO DO WHATEVER IT WAS THAT SHE WAS DOING ON HER PROPERTY, AND I GUESS WHAT I'M TRYING TO GET AT IS ONE OF THE THINGS THAT WE WERE ATTEMPTING TO DO WHEN WE CREATED OR WERE TRYING TO IMPLEMENT THIS HYBRID PROGRAM WITH THE EPC WAS TO BE ABLE TO WORK HAND IN HAND WITH THE OTHER GOVERNMENTAL AGENCIES. IS THAT CORRECT OR INCORRECT? >>RICK GARRITY: THAT'S CORRECT. >>KEVIN WHITE: AND I DON'T KNOW THE TOTALITY OF THAT SITUATION. I WAS JUST GIVEN SOME BRIEF INFORMATION AND HEARD WHAT SHE SAID, AND ALL I'D LIKE TO REALLY SAY IS I'D LIKE STAFF TO WORK WITH HER BECAUSE I DON'T -- JUST LISTENING TO HER SIDE, I HAVE NOT HEARD THE EPC'S SIDE, AND THERE'S TWO SIDES TO EVERY STORY, THAT I BELIEVE THAT SHE OUGHT TO BE ABLE TO DO WHATEVER IS REASONABLY NECESSARY, AND THAT'S WHAT WE'RE COMING UP WITH, REASONABLE RULES NOW THAT WILL ALLOW OUR CITIZENS AND OUR EPC AND THE OTHER GOVERNMENTAL AGENCIES TO WORK HAND IN HAND TO COME TO SOME COOPERATIVE AGREEMENT WHERE WE CAN ALL LIVE IN HARMONY AND PROTECT OUR ENVIRONMENT AT THE SAME TIME. SO I DON'T KNOW WHAT HER ENTIRE CASE CONSISTS OF, BUT ALSO ON THE ISSUE OF EPC STAFF ON THAT ALLEGATION, ACTING LIKE THE GESTAPO, I DON'T KNOW IF THAT'S THE CASE EITHER, EVERYBODY'S INTERPRETATIONS ARE DIFFERENT, BUT IF THAT IS THE CASE, WE DEFINITELY NEED TO LOOK INTO THAT, ESPECIALLY IF IT'S NOT SOMETHING THAT'S GROSS NEGLIGENCE, IF SOMEBODY'S JUST DOING SOMETHING BY MISTAKE, NOT LIKE THIS WHOLE MANGROVE DEAL WHERE THEY JUST HAD IN THE PAPER WHERE SOMEBODY'S CLEARED OUT AN ENTIRE CANAL, BUT IF SOMEBODY'S JUST TRYING TO CLEAN A DITCH OR SOMETHING OF THAT NATURE, AS MINOR AS SHE SAYS THAT HER CASE WAS, SO WITH THAT BEING SAID, I -- YOU KNOW, I'D LIKE EPC STAFF TO LOOK INTO THAT AND ONE OF YOU-ALL GET BACK WITH ME, AND IF SHE DOES HAVE HER LETTER FROM SWFWMD, SEE IF THERE'S SOMETHING -- SOME SORT OF COMPROMISE THAT CAN BE MADE THAT WOULD ALLOW HER TO BE ABLE TO DO WHATEVER SHE NEEDS TO DO ON HER PROPERTY TO EXIST AND COEXIST WITH THE ENVIRONMENT WITHOUT HURTING OR HARMING THAT. AND SOME OF THE PEOPLE THAT HAVE COME AND SPOKE TODAY, FIRST OF ALL, I'D LIKE TO COMMEND YOU-ALL FOR YOUR STANCE ON CONTINUING TO WANT TO PROTECT THE ENVIRONMENT. ONE OF THE THINGS THAT STRUCK ME, MS. OSTEEN SAID A YEAR AGO THAT SHE DIDN'T THINK THAT THIS HYBRID SYSTEM OR ANY TYPE OF TWEAKING TO THIS SYSTEM COULD WORK AT ALL, BUT I THINK COOPERATIVELY OVER THE YEAR -- IT'S STILL NOT 100% CONSENSUS ON THAT SIDE, IT'S STILL NOT 100% CONSENSUS ON THE OTHER SIDE, BUT I THINK -- IN TOTALITY, I THINK AT LEAST WORKING TOGETHER COOPERATIVELY WITH ALL THE GROUPS AND THE CITIZEN GROUPS THAT ARE INVOLVED AND THE COUNTY AND THE EPC I THINK THAT WE CAN SEE THAT WE CAN COME UP TO SOME SORT OF COMPROMISE, THAT -- EVERYONE, THAT WE CAN LIVE TOGETHER AND WE CAN COME UP WITH SOME THINGS THAT WE CAN WORK WITH IF WE ALL WORK TOGETHER. THANK YOU. >>AL HIGGINBOTHAM: AND I SEE AS I GO TO MY NEXT -- TO COMMISSIONER FERLITA, WE KIND OF HAVE TWO ISSUES HERE. ONE IS A STAFF COMPLAINT AND THE OTHER IS MAYBE HOW THIS APPLIES, BUT IF WE CAN KEEP OUR DISCUSSION AND DEBATE TO THE COMMENTS OF THE CITIZENS WHO CAME TO SPEAK ON THAT RULE CHANGE AND TO THE ISSUE, I THINK THAT'LL BE HELPFUL IN THE FINAL VOTE. COMMISSIONER FERLITA. >>ROSE FERLITA: SURE, MR. CHAIRMAN. WE'LL CERTAINLY RESPECT THAT. LADIES AND GENTLEMEN, IF YOU WOULD JUST INDULGE ME FOR A MOMENT, BEFORE I MAKE MY COMMENTS I'D LIKE TO RESPOND TO SOME OF YOURS. I KNOW THAT THERE WAS A CONCERN OR COMMENT MADE ABOUT THE FACT THAT WE SITTING AS COUNTY COMMISSIONERS YESTERDAY ENCOURAGED A HIGH-TECH OR A BIOTECH COMPANY TO COME HERE FOR ECONOMIC DEVELOPMENT REASONS. THAT'S A GOOD THING AND IT'S A BAD THING, DEPENDING ON HOW WE PARTNER WHAT WE APPROVE AS WE APPROVE THAT. CERTAINLY WITH THAT, WE DON'T WANT TO DO ANYTHING TO IMPACT EXCESSIVE USE OF OUR POTABLE WATER, AND I CAN TELL YOU FOR ONE COMMISSIONER THAT ANYTIME IT'S POSSIBLE, WE ABSOLUTELY ENCOURAGE, STRESS THE IMPORTANCE OF USING RECLAIMED WATER. AT THE SAME TIME THAT WE APPROVED THAT YESTERDAY SITTING AT THAT SAME BODY, WE -- AS A MATTER OF FACT, I THINK MR. HIGGINBOTHAM WAS VERY GRACIOUS TO ALLOW ME MY LEAD AND MAKE A MOTION TO APPROVE THE ELAPP REFERENDUM THAT WILL BE GOING ON THE BALLOT IN NOVEMBER. [APPLAUSE] SO THAT CERTAINLY SHOWS SOME SUPPORT OF WHERE HOPEFULLY THIS COMMUNITY WILL WANT TO GO AFTER THAT VOTE. SO NOW WE'RE DOWN TO THIS, AND IF THIS IS DONE AND PASSED - - AND HOPEFULLY IT WILL BE -- THEN THAT GELS WITH WHAT WE PASSED YESTERDAY, AND I THINK VIVIAN BACCA BLENDED ALL THOSE ISSUES TOGETHER IN TERMS OF WHAT PEOPLE LOOK FOR AND WHAT WE SHOULD BE CONSIDERING TO SUPPORT AND WHAT THIS COMMUNITY OFFERS. MR. BROOKS, YOU AS WELL, SIR, ARE ON THE OTHER SIDE, AND YOU HAVE YOUR RIGHT TO YOUR OPINION AND YOUR POSITION, AND YOU COMMENTED ON SOMETHING THAT I THINK IS GOOD, I THINK IT'S HEALTHY. THE VOTE YESTERDAY OR WHENEVER IT WAS TAKEN, I DON'T KNOW - - NOT YESTERDAY, BUT IT WASN'T UNANIMOUS, IT WAS VERY CLOSE, AND THAT'S GOOD. THAT'S THE PROCESS WE WANT. WE WANT PEOPLE TO COME AND AGREE, DISAGREE, AND COME UP WITH SOMETHING THAT'S A COMPROMISES, AND THAT'S EXACTLY WHAT HAPPENED AT THAT BOARD. AND THAT -- THAT LEADS US FROM THOSE DIFFERENT ATTITUDES AND THAT GOOD, HEALTHY, DISCUSSION TO SOMETHING THAT DR. BROWN COMMENTED ON. DR. BROWN, I HAD TO LEAVE FOR A SECOND, AND I USUALLY LIKE TO LISTEN TO EVERYBODY'S INPUT. I WAS LISTENING IN THE BACK ROOM. I HAD TO TAKE CARE OF AN ISSUE VERY QUICKLY. AND IN MY ABSENCE, YOU SAID SOMETHING THAT THIS ALL FUNNELS DOWN TO. THAT THE HYBRID PLAN IS DEMOCRACY IN ACTION. IT ABSOLUTELY IS, AND THAT IS WHERE WE ARE TODAY. SO I THINK EPC HAS DONE ITS WORK. I THINK THEY DID EXACTLY WHAT THEY WERE ASKED TO DO. THEY CAME BACK WITH AN EXPANDED, WELL-DEFINED STATEMENT OF REASONABLE USE, INCLUDED CLARITY, INCLUDED TRANSPARENCY, AND INCLUDED STREAMLINING SO THAT THE PROCESS WAS MORE EFFECTIVE, AND IN CLOSING, I JUST WANT TO SAY SOMETHING THE WAY THE EDITORIAL BOARD SAID THAT PROBABLY IS SPOKEN MUCH BETTER THAN I COULD IN THIS MORNING'S EDITORIAL WITH THE TRIBUNE. THE PROPOSED REVISION THAT WILL BE PRESENTED TO COMMISSIONERS TODAY SHOULD EASE THE CONCERNS OF CONSERVATIONISTS WHO FEARED THE REVIEW WOULD LEAD TO ANOTHER ATTEMPT TO GUT COUNTY SAFEGUARDS. SENSIBLE PROTECTION WOULD BE MAINTAINED ALONG WITH GREATER CONSISTENCY AND TRANSPARENCY ON DECISION-MAKING. DEFINITIONS AND STANDARDS WOULD BE CLARIFIED. NATURALLY, NOT EVERYBODY IS HAPPY. SOME BUILDERS WANT THE COUNTY'S ENVIRONMENTAL PROTECTION COMMISSION ELIMINATED FROM REVIEW OF REZONINGS, BUT BY GIVING EARLY FEEDBACK, THE EPC CAN HELP DEVELOPERS IDENTIFY PROBLEM AREAS THAT WOULD OTHERWISE HOLD UP THEIR APPLICATIONS OR LEAD TO DENIALS. THE REVISED RULE IMPROVES THE PROCESS WITHOUT COMPROMISE, WITHOUT COMPROMISING RESOURCES. COMMISSIONERS SHOULD APPROVE IT AS IS. I WHOLEHEARTEDLY AGREE WITH THEM, AND AFTER MY COLLEAGUES SPEAK, I WOULD LOVE TO HAVE THE OPPORTUNITY TO MOVE THE STAFF'S RECOMMENDATION. THANK YOU. >>AL HIGGINBOTHAM: COMMISSIONER SHARPE. >>MARK SHARPE: I WANT TO AS WELL THANK THE WORK OF THE DIFFERENT COMMITTEES, THE TAG COMMITTEE, THE CITIZENS ADVISORY COMMITTEES, ALL THE CITIZENS WHO'VE PARTICIPATED, AS WELL AS THE DEVELOPMENT COMMUNITY, THE CHAIRMAN FOR HIS GOOD WORK. I'M -- AND I WANT TO DIRECT MY COMMENTS TO MR. GARRITY AND RICK TSCHANTZ, DR. GARRITY AND RICK TSCHANTZ. I THINK WHAT YOU'VE DONE IS, ONCE AGAIN, VERY GOOD. YOU -- IT'S QUITE A CHALLENGE. A LOT OF PEOPLE QUESTIONED WHETHER OR NOT YOU COULD ACCOMPLISH YOUR MISSION. I THINK THERE WAS SOME CONCERN, AND I SHARED THAT CONCERN, EARLY ON THAT THERE MIGHT HAVE BEEN AN ATTEMPT TO WEAKEN THE RULES, AND WE DID NOT DO THAT, AND I WOULD NOT SUPPORT ANY WEAKENING OF THE RULES FOR A NUMBER OF REASONS. I THINK -- YOU KNOW, WE'VE TALKED ABOUT, YOU KNOW, BUSINESS SENSE AND THE BUSINESSES COMMUNITY AND THE DEVELOPMENT COMMUNITY AND WHAT'S GOOD FOR DEVELOPMENT AND THE ECONOMY. WELL, I THINK THERE'S A VERY STRONG CASE BEING MADE TO PROTECTING THE ENVIRONMENT HELPS STRENGTHEN OUR ECONOMY, NOT WEAKEN IT. IN FACT, WHAT WE'VE SEEN IS THE WEAKENING OF OUR ECONOMIC STATE THROUGH WHAT HAS BEEN IN THE PAST DECADES RAMPANT SPRAWL AND GROWTH, WHICH HAS IN SOME INSTANCES BEEN DETRIMENTAL TO THE ENVIRONMENT, WHICH HAS AFFECTED OUR ECONOMIC WELL-BEING, AND IF WE'RE GOING TO CONTINUE TO GROW IN THE FUTURE AND BE STRONG, WE HAVE TO GROW, AND I SUPPORT STRONG ECONOMIC GROWTH. ONE OF THE SPEAKERS SPOKE TO THE ISSUE OF THE PROJECT THAT WE HAD YESTERDAY WHICH I STRONGLY SUPPORTED AND CONTINUE TO SUPPORT PROJECTS SIMILAR, WHICH WOULD BE BRINGING AN MIT- BASED -- A CAMBRIDGE-BASED COMPANY TO HILLSBOROUGH COUNTY. IF WE'RE GOING TO STRENGTHEN OUR ECONOMIC POSITION AND PROVIDE STRONG QUALITY JOBS AND BE ABLE TO WITHSTAND THE DOWN -- ECONOMIC DOWNTURNS THAT WE'RE CURRENTLY UNDERGOING, WE'VE GOT TO BRING IN THE HIGH-TECH, HIGH-QUALITY JOBS. I LOOKED AT THE REGIONAL SCORE CARD THAT JUST CAME OUT, AND WE RANKED DEAD LAST. WHEN YOU LOOK AT OUR REGION COMPARING IT TO CHARLOTTE, ATLANTA, THE OTHER AREAS IN OUR -- THE OTHER MAJOR METROPOLITAN AREAS IN OUR REGION, WE SEEM TO BE AT THE BOTTOM OF JOB CREATION AND PROVIDING HIGH-QUALITY JOBS AND JOBS THAT PAY SOUND, STRONG INCOME. WELL, THE PEOPLE WHO WORK ON THOSE TYPE OF JOBS WANT A CLEAN ENVIRONMENT, SO THEY GO HAND IN HAND. SO WHAT WE'RE DOING HERE BY PROTECTING THE ENVIRONMENT IS GOING TO STRENGTHEN OUR ECONOMY, AND I BELIEVE IN THAT. I ALSO BELIEVE IN THE GO SLOW APPROACH, AND SO I APPRECIATE THE FACT THAT YOU TOOK UP ISSUES WHICH WERE, YOU KNOW -- I HAD BROUGHT UP THE ISSUE OF CLASSIFICATION OF THE WETLANDS. THAT WAS SOMETHING THAT I WAS CONCERNED ABOUT. I REMAIN CONCERNED, BUT I ALSO UNDERSTAND WHAT THE ADVISORY COMMITTEE CAME BACK WITH. I MET WITH YOU AND TALKED WITH YOU ABOUT THIS, AND I CONCUR WITH YOUR CONCERNS, AND SO I BELIEVE YOU DID THE RIGHT THING. NET ENVIRONMENTAL BENEFITS, I -- I AGREE WITH YOUR SUMMATION OF WHY WE DID NOT INCLUDE NET ENVIRONMENTAL IMPACTS AND WE SHOULD NOT INCLUDE NET ENVIRONMENTAL IMPACTS IN OUR CRITERIA. I UNDERSTAND THE CASE THAT OTHERS MADE FOR IT, BUT THAT'S NOT THE JOB THAT WE ASKED YOU TO DO, SO I APPRECIATE WHAT YOU'VE DONE. CURRENT ZONING VS. THE COMPREHENSIVE PLAN IN OUR SET OF FACTORS. IF WE WERE TO GO TO THE COMP PLAN, IT WOULD WEAKEN OUR RULES, AND WHILE YOU CAN MAKE A CASE FOR USING THE COMP PLAN, IT -- I THINK THERE IS NO ARGUMENT THAT IT WOULD NOT WEAKEN OUR WETLAND PROTECTION, SO I THINK YOU DID THE RIGHT THING THERE AS WELL. I KNOW IT WAS CONTENTIOUS AT TIMES, BUT THAT'S WHAT DEMOCRACY IS ALL ABOUT. I THINK YOU DID GOOD, AND IF COMMISSIONER FERLITA MAKES THE MOTION, I WILL CERTAINLY SECOND. THANK YOU. >>AL HIGGINBOTHAM: COMMISSIONER BLAIR. >>BRIAN BLAIR: WELL, FIRST, LET ME APOLOGIZE FOR MY BRIEF DEPARTURE TO THE PORT AUTHORITY. THAT WAS SOMETHING I HAD TO DO AS WELL, AND I CERTAINLY DIDN'T WANT TO MISS THIS PUBLIC HEARING, SO I RUSHED BACK, AND I'M SORRY THAT I -- I WANTED TO HEAR MS. OBERTING'S COMMENTS AS WELL AS SEVERAL OTHER ONES HERE, AND JUST HELLO TO CAM AND TO SOME OF THE PEOPLE THAT SPOKE. WE TALK ABOUT -- COMMISSIONER SHARPE HAD MENTIONED ABOUT THE SPRAWL AND ALL THAT, BUT WE ALSO HAVE TO REALIZE THAT AS THE PLANNING COMMISSION, PGM, THEY'VE RECOMMENDED -- I BELIEVE COMMISSIONER NORMAN'S BEEN HERE THE LONGEST -- THEY'VE RECOMMENDED ALL THE APPROVALS WHERE GROWTH HAS GONE, SO I JUST WANTED TO GET THAT STRAIGHT, AND AS WELL AS -- IF YOU SAY -- I MEAN, WE ALL BELIEVE THAT WE MUST HAVE -- WE MUST LEAVE A WONDERFUL ENVIRONMENT FOR THE FUTURE, AND I WHOLEHEARTEDLY AGREE WITH THAT, BUT -- AND THAT THE ENVIRONMENT BRINGS NEW JOBS AND NEW GROWTH, BUT THEN IT -- IN THE SAME STATEMENT WE WERE AT THE BOTTOM OF THE NEW JOB CREATION. DID YOU SAY THAT? >> YES. >>BRIAN BLAIR: SO I WAS JUST TRYING TO ADD THAT. BUT -- >>MARK SHARPE: BECAUSE OF OUR RELIANCE ON [INAUDIBLE] >>BRIAN BLAIR: I'D JUST LIKE -- YOU CAN CLARIFY THAT IN A SECOND IF YOU WANT. BUT THERE WAS SOME QUESTIONS, AND I DIDN'T HEAR THEM ALL. I KNOW THE VOTE WAS REAL CLOSE BETWEEN THE TECHNICAL ADVISORY COMMITTEE. IT WAS A 6-5 VOTE. AND THE CITIZENS ADVISORY COMMITTEE WAS A 7-4 VOTE IN FAVOR. COULD YOU JUST HIGHLIGHT A COUPLE OF THE THINGS THAT I MISSED IF THE BOARD WOULD INDULGE -- >>AL HIGGINBOTHAM: WE'LL HAVE CAPTIONING AND REPLAY OF THIS AFTER THE MEETING IF THAT WOULD HELP. I MEAN, I DON'T -- IS THERE SOMETHING -- I'M NOT SURE -- >>BRIAN BLAIR: WAS IT BRIEF OR IS IT LONG? >>AL HIGGINBOTHAM: IT WAS A VERY LONG MEETING. >>BRIAN BLAIR: WELL, I KNOW WITH PUBLIC COMMENT WAS, BUT LET ME JUST -- THERE'S A LETTER FROM BRICKLEMYER, SMOLKER & BOLVES. WAS THAT DISCUSSED? >>AL HIGGINBOTHAM: THAT WAS REVIEWED. >>BRIAN BLAIR: PARDON ME? >>AL HIGGINBOTHAM: YES. >>BRIAN BLAIR: THAT WAS REVIEWED? OKAY. WAS EVERYBODY IN FAVOR? OBVIOUSLY I KNOW COMMISSIONER SHARPE AND COMMISSIONER FERLITA WERE. AND BEFORE I FORGET, AT THE END I'D LIKE TO SAY SOMETHING ABOUT MR. BOOSTANI. I'LL ASK THAT AFTERWARDS. BUT IF YOU-ALL REMEMBER AT THE BEGINNING, I TOOK A LOT OF HEAT AS THE CHAIRMAN FOR MAKING THE FINAL VOTE TO MOVE TO THE HYBRID PLAN. I HAD DISCUSSION WITH -- WITH OUR COUNSEL, RICK TSCHANTZ, AND DR. GARRITY IN THE BACK, AND DR. GARRITY ASSURED ME THAT HE COULD GET THE JOB DONE, HE COULD WORK WITH BOTH SIDES, THE EVIL DEVELOPERS AND THE ENVIRONMENTALISTS, SO I APPLAUD YOU FOR THAT, DR. GARRITY, VERY, VERY MUCH. WHAT CAME OUT OF SOMETHING THAT EVERYBODY THOUGHT WAS BAD IS A BETTER PRODUCT, AND WE SHOULD NEVER BE HAPPY WITH STATUS QUO. WE SHOULD ALWAYS TRY TO IMPROVE THINGS, BUT -- BECAUSE GROWTH AFFECTS 65% OF OUR ECONOMY, NEW JOB CREATION. I MEAN, THINK ABOUT THE CONSTRUCTION GUY WITH THE SMALL NAIL AND THE TOOLMAKER, THE BRICKLAYER, AND THE ATTORNEY, THE BANKER, ALL THIS STUFF, AND I'M KIND OF BRINGING THIS STUFF UP BECAUSE IT'S REMINDING ME OF A YEAR AGO, WHICH MANY OF YOU I DID HEAR BRING UP. I QUALIFIED MY VOTE AT THAT TIME BY SAYING I WOULD BE THE FIRST ONE TO CHANGE MY VOTE AND APPROVE THE HYBRID PLAN IF WE WORKED OUT, STREAMLINED, AND DID THE THINGS THAT DR. GARRITY SAID HE WAS GOING TO DO, SO I MADE THE MOTION TO APPROVE THE -- APPROVE STARTING THE HYBRID PLAN, WHICH WE'VE DONE, AND I THINK NOTHING'S PERFECT HERE, IT'S NEVER GOING TO BE PERFECT. I THINK AS LONG AS EVERYBODY USES COMMON SENSE AND EVERYBODY'S REASONABLE AND THAT WE REALIZE THAT WE ARE A CUSTOMER SERVICE-BASED ORGANIZATION, CONSTITUENT-BASED -- AND WE TALKED ABOUT THIS, DR. GARRITY -- WE HAD -- I'D LIKE TO SAY, BY THE WAY, JERRY CAMPBELL -- IS JERRY HERE? I GOT A WONDERFUL COMPLIMENT ON JERRY CAMPBELL, BY THE WAY, THE OTHER DAY FROM SOMEBODY THAT WAS HAVING SOME -- AN ISSUE, AND I'M SURE DR. GARRITY CAN TALK TO YOU ABOUT THAT, BUT AT THE SAME TIME, I GOT A COMMENT THAT ANOTHER PERSON WAS EXTREMELY RUDE. SO THOSE ARE THINGS THAT -- THOSE ARE MANAGEMENT SITUATIONS, BUT OVERALL, I JUST WANT TO SAY IN CLOSING THAT -- HERE THAT I THINK THAT, AGAIN, NOTHING'S PERFECT, BUT WE HAVE SOMETHING TO MOVE FORWARD ON, AND I'M GOING TO CONTINUE TO LISTEN TO ANYBODY ELSE THAT HAS TO SPEAK, BUT I THINK OVERALL YOU GUYS HAVE DONE A GREAT JOB, AND WE -- THERE'S -- I DON'T THINK THE RULES HAVE BEEN WEAKENED AT ALL. I THINK THERE IS MORE TRANSPARENCY, AND THAT'S WHAT WE WERE LOOKING FOR, MORE STREAMLINING, MORE TRANSPARENCY, SOMETHING THAT WOULD GIVE BOTH THE DEVELOPMENT COMMUNITY AND THE ENVIRONMENTAL COMMUNITY A BALANCE, AND I JUST WANT TO THANK ALL THE PEOPLE HERE THAT CAME AND THEY COMPLAINED, AND, YOU KNOW, I TOOK A BIG SCOLDING AND MAYBE RIGHTFULLY SO, BUT AT THE END, I THINK THAT YOU-ALL SEE THAT WE HAVE A BETTER PRODUCT, AND I HOPE THAT YOU UNDERSTAND THAT THAT'S WHAT WE DO HAVE, AND WITH THAT SAID, I'LL CLOSE MY REMARKS FROM THERE -- >>AL HIGGINBOTHAM: THANK YOU. >>BRIAN BLAIR: -- UNTIL AFTER. >>AL HIGGINBOTHAM: COMMISSIONER NORMAN, AND THAT'S THE LAST COMMISSIONER I SEE FOR COMMENTS, AND WE'LL CALL THE QUESTION AFTER COMMISSIONER NORMAN. >>JIM NORMAN: YEAH, I HAVE A COUPLE COMMENTS. I BELIEVE THAT THIS IS A GOOD REALLY FIRST STEP, BUT -- WHICH KIND OF HAS NOT BEEN EVEN SPOKE TO IS WHERE ARE WE GOING FROM HERE. IS THERE -- WHERE ARE YOU ON THE WETLAND CLASSIFICATION? WHEN IS THAT GOING TO BE PHASED IN? WHEN IS THAT GOING TO BE ADDED TO DEFINITION? >>RICK GARRITY: COMMISSIONERS, WE'RE -- THE TAG REALLY SAW A LOT OF PROBLEMS IN GOING IN THAT DIRECTION OF THE WETLANDS -- OF CLASSIFYING THE WETLANDS, AND ACTUALLY -- >>JIM NORMAN: BECAUSE WE MADE THAT PROMISE. >>RICK GARRITY: IT WAS IN THE HYBRID AS SOMETHING THAT WE WOULD LOOK INTO, THAT'S ABSOLUTELY CORRECT, BUT FROM THE RESULTS OF THE ANALYSIS BY THE TECHNICAL GROUP AND BY STAFF, WE SEE -- I THINK WE ALL CAME -- WELL, NOT ALL. IT WAS NOT UNANIMOUS, BUT WE CAME TO THE CONCLUSION THAT THERE WOULD BE -- IT WOULD BE VERY DIFFICULT TO HAVE A CLASSIFICATION -- TO DEVELOP A CLASSIFICATION SYSTEM TO USE IN THE PERMITTING. NOW, I CAN TELL YOU THAT WE -- WE HAVE IN A WAY ALREADY USED CLASSIFICATION. THE CLASSIFICATION IS -- WAS USED LAST AUGUST WHEN YOU APPROVED THE MISCELLANEOUS PERMITS AND EXEMPTIONS FOR UPLAND-CUT DITCHES -- >>JIM NORMAN: ARE WE GOING BACK TO DO SOMETHING TO ATTEMPT TO PUT SOME STRUCTURE THERE? SEE -- AND I GUESS I DISAGREE WITH COMMISSIONER SHARPE ON SOMETHING. SEE, I BELIEVE WE'RE AT THE BOTTOM BECAUSE, YOU KNOW, WHEN WE MAKE IT SO DIFFICULT THAT PEOPLE CAN'T COME HERE -- YOU KNOW, WE'VE HAD A PLANNING COMMISSION, WE'VE HAD AN EPC, WE'VE HAD THESE THINGS, AND WE'VE HAD THEM FOR 30 YEARS, MAYBE 20. DON'T HOLD ME EXACTLY DATES, BUT WE'VE HAD THEM FOR A LONG TIME. WHAT THIS WAS AN ATTEMPT FOR ME IS TO TRY -- AND THIS IS WHY I SAID IT WAS A GOOD FIRST -- THIS IS WHERE WE NEED TO BE GOING IN CLARIFYING EXACTLY WHAT SOMEBODY'S GOT TO DO. WE HAVE TO BE GET MORE DEFINITION ON EITHER SIDE TO LET EVERYBODY BE ABLE TO CHALLENGE IT OR HAVE ACCEPTANCE OF IT, BUT IF IT'S JUST LEFT UP TO INTERPRETATION, IT COSTS PEOPLE TONS OF MONEY. COMPANIES CAN'T WASTE TONS OF MONEY, ESPECIALLY DURING THESE ENVIRONMENTAL -- I MEAN THESE FINANCIAL TIMES, AND I GUESS MY -- THIS IS WHY I DON'T THINK WE JUST STOP, I THINK WE TRY TO PUT SOME STRUCTURE AND MAKING IT AS CLEAR AS POSSIBLE. WHENEVER YOU'VE GOT TO DO SOMETHING IN THIS COUNTY, THIS IS EXACTLY WHAT YOU'VE GOT TO DO. THEY CAN THEN RUN THEIR NUMBERS, THEY CAN THEN GO TO THE BANK, THEY CAN THEN KNOW EXACTLY WHAT IT'S GOING TO COST TO DO SOMETHING. IN OUR ENVIRONMENT TODAY, FINANCIAL ENVIRONMENT AND ENVIRONMENT, IT'S -- THERE'S A QUESTION MARK OUT THERE STILL, AND PEOPLE THAT ARE SPENDING MONEY TODAY HAVE TO HAVE CERTAINTIES, AND I MADE THE ARGUMENT AT THE BUDGET THING. I MEAN, ONE OF THE THINGS WITH PLANNING AND GROWTH MANAGEMENT AND OUR COMMERCIAL SIDE OF THINGS, WE'RE SAYING, OKAY, YOU'RE REQUIRED TO BUILD THIS 100,000 SQUARE FEET. WELL, THEY CAN ONLY FILL UP 30. WELL, THE BANK'S NOT GOING TO LOAN THEM THE MONEY JUST TO FILL UP 30 AND KEEP 70 EMPTY. THEY CAN NEVER PAY THEIR MONEY BACK, SO THEY'RE DEAD. AND THE SAME KIND OF THING FOR ME ANYWAY, CERTAINTY, CERTAINTY. IT'S NOT WEAKENING ANYTHING, IT'S TELLING PEOPLE EXACTLY WHAT THEY HAVE TO DO, AND THAT'S WHAT CLARIFICATION AND EXACTLY WHAT -- WHAT'S COMING -- AND THE NEXT THING, TO MAKE THINGS EASIER, IT WAS THE ELECTRONIC PROCESS. THAT WAS A PROMISE THAT WE WERE GOING TO HAVE IT UP AND RUNNING, AND AGAIN, IT'S -- IT'S STREAMLINING, IT'S GETTING A PROCESS THAT THE PEOPLE THAT ARE INVESTING THEIR MONEY AND COMING TO THIS COMMUNITY CAN MAKE THINGS EASIER TO GET THINGS MOVING ALONG, AND I HOPE THAT'S THE NEXT STEP. AND SOMETHING THAT, YOU KNOW, KEPT BEING BANTERED BACK AND FORTH IS ABOUT OUR COMPREHENSIVE PLAN AND WHICH AGENCY AND WHATEVER, BUT ONE OF THE THINGS I WAS TRYING DO -- AND MR. HUNTER'S AWAY -- IS I WAS TRYING TO SEE WHERE'S MR. HUNTER ON THIS, AND I WAS TALKING TO MR. CHIARAMONTE. THEY DON'T KNOW. THEY'VE NEVER HAD THE CONVERSATION, AND I WOULD LIKE -- AND I KNOW IT WAS MENTIONED ABOUT THE AGENCIES WORKING TOGETHER, AND IT WASN'T SPECIFICALLY ABOUT THIS, BUT BOTH - - YOU KNOW, BOTH YOU-ALL ARE PLANNING AND PERMITTING AND WHATEVER, AND I -- AND I GUESS I WOULD LIKE -- IF THIS PASSES, I WOULD LIKE MR. HUNTER TO COME BACK AND HERE SAY THEY'VE NEVER BEEN TALKED TO ABOUT THIS, AND WHAT IS THAT BOARD NOW GOING TO THINK OR DO? THEY'VE NEVER TAKEN THIS RULE. I'D LIKE TO TAKE -- IF THERE'S A MOTION MADE, SEND IT OVER TO THE PLANNING COMMISSION, AND ON A POSITIVE THING WHERE THEY CAN INTERFOLD AND WORK TOGETHER WHERE WE DON'T HAVE MAYBE ANOTHER SIX MONTHS OR A YEAR BREAKDOWN IN TWO AGENCIES NOT WORKING TOGETHER. SO I WAS TRYING TO GET ANY INFORMATION -- THEY'VE NEVER SEEN IT. I JUST TALKED TO MR. CHIARAMONTE, AND -- AND THAT'S NOT A GOOD THING, SO I GUESS GENERALLY MY COMMENTS, LET'S KEEP GOING FORWARD AND MAKING IT BETTER AND BETTER. LET'S DON'T REALLY STOP HERE. I KNOW IF IT'S A 6-5 VOTE, LET ME TELL YOU, YEAH, IT'S A MAJORITY, BUT MAYBE WE CAN CONTINUE TO DO BETTER. MAYBE NEXT TIME IT'S A VOTE OF, YOU KNOW, 10-1. YOU KNOW, I MEAN, LET'S JUST KEEP GETTING BETTER. LET'S GET THESE DEFINITIONS AS MUCH AS POSSIBLE, LET'S GET THE ELECTRONIC PROCESSES. THERE'S A LOT STILL TO DO, AND I -- AND I'M SUPPORTING THIS FIRST STEP WHERE WE ARE, BUT THERE'S A LOT OF SMART MINDS ON BOTH SIDES, AND IT CAN CONTINUE. IT'S NOT BREAKING DOWN THE PROCESS, BUT I THINK WE REACH OUT TO THE PLANNING COMMISSION, WE ASK THEM THEIR COMMENTS ON IT, AND MAYBE THEY CAN ALSO HAVE SOME POSITIVE REINFORCEMENT OR IMPROVEMENT ALSO. >>AL HIGGINBOTHAM: AND AS WE GET -- I THINK COMMISSIONER FERLITA'S GOING TO WANT TO MAKE THE MOTION, BUT THE -- THE ELECTRONIC PROCESS, IT IS ALREADY BEING IMPLEMENTED. IT'S NOT EVERYWHERE, AND IT TAKES TIME TO BRING ON-LINE, BUT IT IS -- THERE ARE ELECTRONIC APPLICATIONS THAT ARE HAPPENING RIGHT NOW, BUT IT'S NOT COMPLETED. ON THE SIDE OF THE INPUT AND IMPROVING, WE'VE GOT THE QUARTERLY REVIEWS THAT -- I BELIEVE IT WAS COMMISSIONER SHARPE AND I WHO BANTERED BACK AND FORTH A LITTLE BIT ON HOW FREQUENTLY WE SHOULD DO THOSE, BUT WE'VE GOT THAT SAFEGUARD IN THERE TO BRING THIS IN, AND WE'VE HAD, YOU KNOW, JUST HOURS AND HOURS OF PUBLIC INPUT, AND I THINK THAT -- I SENSE THAT WE WANT TO HAVE -- MAKE A MOTION AND VOTE ON THIS RULE CHANGE. >>ROSE FERLITA: MR. CHAIRMAN, YES. THANK YOU. JUST A QUICK ANSWER TO MR. NORMAN. MR. NORMAN, I HAPPEN TO AGREE WITH YOU THAT YOU HAVE BEEN HERE LONGER THAN MANY OF US, AND YOU KNOW THAT THE WORK IS NEVER DONE, AND A FIRST STEP IS GOOD, BUT THE FIRST STEP IS BETTER IF IT LEADS TO A SECOND STEP THAT ADDS EVEN MORE BENEFIT. SO I KNOW THAT, GENTLEMEN, YOU HAVE NO PROBLEM WITH TRYING TO COMMUNICATE MORE IN THE FUTURE WITH PLANNING COMMISSION, AND I THINK THAT'LL BE GREAT BECAUSE MR. CHIARAMONTE AND MR. HUNTER HAVE A LOT TO OFFER. THAT BEING SAID, I WOULD LIKE TO MOVE STAFF RECOMMENDATION TO ADOPT THE PROPOSED DRAFT WETLAND RULES IN CHAPTER 1-11, INCLUDING AND INCORPORATING A LOCAL BASIS OF REVIEW, TO ALSO ADOPT THE PROPOSED CHAPTER 1-13 RULE AMENDMENTS, THE DELEGATION RULE, AND FINALLY TO AUTHORIZE THE EXECUTIVE DIRECTOR TO EXECUTE THE ERP DELEGATION AGREEMENT UPON STATE APPROVAL. >> SECOND. >>AL HIGGINBOTHAM: IS THERE A SECOND? MEMBERS CAST YOUR VOTE, PLEASE. >>BRIAN BLAIR: I'D LIKE TO -- ARE WE GOING TO MOVE -- DO THE SITUATION COMMISSIONER NORMAN SAID? ARE WE GOING TO CONTINUE TO TRY TO WORK -- >>AL HIGGINBOTHAM: THAT'S ALREADY IN THE PLAN. >>BRIAN BLAIR: THAT'S IN THE PLAN? >>ROSE FERLITA: BUT IT'S NOT PART OF THE MOTION. YOU CAN MAKE IT A SEPARATE MOTION BECAUSE I CERTAINLY SUPPORT IT -- >>AL HIGGINBOTHAM: THE REVIEW PROCESS IS ALREADY -- >>JIM NORMAN: COMMISSIONER, THAT'S NOT WHAT I SAID, AND I KNOW YOU WERE SPEAKING FOR ME, BUT THAT'S NOT WHAT I SAID. WHAT I SAID IS SPECIFICS, AND I THINK THESE ARE IMPROVEMENTS THAT NEED TO BE MADE, AND I KNOW YOU WANT TO SAY THEY KEEP BEING REVIEWED, BUT THESE ARE SPECIFICS I DON'T SEE HERE. >>BRIAN BLAIR: SO WILL THEY BE INCLUDED OR NOT? I WANT TO KNOW BEFORE I VOTE. >>AL HIGGINBOTHAM: DR. GARRITY. >>JIM NORMAN: SEPARATE MOTION. >>RICK GARRITY: YES. COMMISSIONER NORMAN, I THINK A BETTER ANSWER TO YOUR FIRST QUESTION FROM ME WOULD HAVE BEEN THAT THE TECHNICAL ADVISORY GROUP GAVE US ENOUGH TO THINK ABOUT TO LAST FOR A LONG TIME, LOTS OF FOOD FOR THOUGHT. WE'RE CONTINUING TO LOOK AT THOSE ISSUES AND DEVELOP ACTION PLANS FROM THOSE COMMENTS. WE'RE CONTINUING TO WORK WITH THE INTERNAL PERFORMANCE AUDITOR. WE'RE NOT THROUGH THERE. AND THOSE ARE WERE ALL OF THE RECOMMENDATIONS ABOUT ELECTRONIC STREAMLINING, AND SO I THINK YOUR POINTS ARE WELL TAKEN, AND THIS IS NOT LIKE A FINISHED THING HERE. OUR GOAL IS TO CONTINUE TO STRESS FOR IMPROVEMENT IN THE FUTURE. >>AL HIGGINBOTHAM: SO WE HAVE A MOTION ON THE FLOOR AND A SECOND, AND THEN I THINK COMMISSIONER BLAIR WANTS TO MAKE ANOTHER MOTION. >>ROSE FERLITA: WELL, LET'S VOTE ON THIS ONE FIRST. >>AL HIGGINBOTHAM: THAT'S WHAT I'M SAYING. >>JIM NORMAN: IN IS THE FIRST STEP, AND I'M SUPPORTIVE OF THAT. >>AL HIGGINBOTHAM: PLEASE RECORD YOUR VOTES. >>RECORDING SECRETARY: MOTION CARRIED 7-0. [APPLAUSE] >>AL HIGGINBOTHAM: AND COMMISSIONER BLAIR, YOU AN ADDITIONAL MOTION YOU WANTED TO MAKE? >>BRIAN BLAIR: