CAPTIONING OCTOBER 13, 2009 BOCC LAND USE MORNING SESSION ***This is not an official, verbatim transcript of the ***following meeting. It should be used for informational ***purposes only. This document has not been edited; ***therefore, there may be additions, deletions, or words ***that did not translate. >>KEN HAGAN: GOOD MORNING, AND WELCOME TO THE OCTOBER 13th, 2009, REGULARLY SCHEDULED LAND USE MEETING OF THE HILLSBOROUGH COUNTY BOARD OF COUNTY COMMISSIONERS. WOULD EVERYONE PLEASE RISE FOR THE PLEDGE AND INVOCATION, GIVEN BY OUR CHAPLAIN, COMMISSIONER AL HIGGINBOTHAM. [PLEDGE OF ALLEGIANCE] >>AL HIGGINBOTHAM: AS WITH THIS DAY, THERE ARE MANY IMPORTANT DAYS IN HISTORY, AND IT WAS ON THE 13th OF OCTOBER IN 1792 THAT THE CORNERSTONE WAS LAID FOR THE WHITE HOUSE. LONG LIVE AMERICA. PLEASE BOW YOUR HEADS. FATHER, WE THANK YOU FOR THOSE WHO CAME BEFORE US AND GAVE US AND FOUGHT FOR US THIS RIGHT TO ASSEMBLE, TO AGREE, TO DISAGREE IN AN OPEN AND CIVIL MANNER. WE ASK THAT ALL OF US BE RESPECTFUL OF ONE ANOTHER. GOD, HELP ME TO CONDUCT MYSELF IN A MANNER WHICH IS IN ACCORDANCE TO YOUR TEACHINGS. AMEN. >> AMEN. >>KEN HAGAN: THANK YOU, COMMISSIONER HIGGINBOTHAM. MS. HARVEY, WOULD YOU LIKE TO REVIEW THE CHANGES TO THE AGENDA. >>PAULA HARVEY: I WOULD. GOOD MORNING, COMMISSIONERS. I'M PAULA HARVEY WITH PLANNING AND GROWTH MANAGEMENT. ON THE PRINTED AGENDA THERE ARE TWO ITEMS THAT ARE PROPOSED FOR LATER PROCESSING. REZONING PETITION 09-685, APPLICATION BY CARIBBEAN ISLES, INCORPORATED. THE APPLICANT'S REQUESTED A REMAND TO THE NOVEMBER 16th ZONING HEARING MASTER HEARING. AND REZONING PETITION 09-780, APPLICATION BY BRICKLEMYER, SMOLKER & BOLVES. THE APPLICANT'S REQUESTING A REMAND TO THE NOVEMBER 16th ZONING HEARING MASTER HEARING. ONE CHANGE TO THE PRINTED AGENDA IS ON PAGE 9, ITEM I-1, LEASE TERMINATION AGREEMENT FOR OFFICE SPACE AT CENTERMALL ON FLORIDA AVENUE. STAFF IS REQUESTING THIS ITEM BE CONTINUED TO THE BOARD'S REGULAR MEETING OF NOVEMBER 4th. THOSE ARE OUR CHANGES, COMMISSIONERS. >>KEN HAGAN: CAN WE HAVE A MOTION? >>KEVIN WHITE: [INAUDIBLE] >>KEN HAGAN: GOT A MOTION TO APPROVE THE CHANGES, COMMISSIONER WHITE. DO WE HAVE A SECOND? >>KEVIN BECKNER: SECOND. >>KEN HAGAN: SECOND COMMISSIONER BECKNER. PLEASE RECORD YOUR VOTE. >>RECORDING SECRETARY: MOTION CARRIED 7-0. >>KEN HAGAN: AT THIS TIME COULD WE HAVE A MOTION TO APPROVE THE CONSENT AGENDA. >>JIM NORMAN: I NEED TO ABSTAIN -- >>KEN HAGAN: COMMISSIONER NORMAN. >>JIM NORMAN: -- ON B-5. IT'S JUST A SALVATION ARMY EXPANSION OF A WAREHOUSE, BUT I JUST OUT OF PURE PRECAUTION -- >>KEN HAGAN: OKAY. CAN WE HAVE A MOTION FOR THE REMAINING -- >>ROSE FERLITA: SO MOVE. >>MARK SHARPE: [INAUDIBLE] >>KEN HAGAN: -- CONSENT AGENDA ITEMS. MOTION BY COMMISSIONER FERLITA, SECOND COMMISSIONER SHARPE. PLEASE RECORD YOUR VOTE. >>RECORDING SECRETARY: MOTION CARRIED 7-0. >>KEN HAGAN: THEN CAN WE HAVE A MOTION TO APPROVE B-5. >>ROSE FERLITA: SO MOVE. >>MARK SHARPE: SECOND. >>KEN HAGAN: MOTION BY COMMISSIONER FERLITA, SECOND COMMISSIONER SHARPE. PLEASE RECORD YOUR VOTE. >>RECORDING SECRETARY: COMMISSIONERS HAGAN, WHITE, AND HIGGINBOTHAM, MAY I HAVE YOUR VOTE AGAIN, PLEASE. THANK YOU. MOTION CARRIED 6-0. COMMISSIONER NORMAN ABSTAINED. >>PAULA HARVEY: OKAY. AT THIS TIME, IF YOU'RE HERE FOR A "B" APPLICATION, YOUR APPLICATION'S BEEN APPROVED. AT THIS TIME, ANYONE WHO INTENDS TO PRESENT TESTIMONY, EVIDENCE, OR TO OTHERWISE BE HEARD ON ANY MATTER SCHEDULED FOR CONSIDERATION AT TODAY'S MEETING, PLEASE STAND AND RAISE YOUR RIGHT HAND SO THE CLERK MAY SWEAR YOU IN. [PARTICIPANTS SWORN IN] >>THE CLERK: THANK YOU. >>KEN HAGAN: MS. HARVEY, WOULD YOU LIKE TO INTRODUCE THE FIRST ITEM. >>PAULA HARVEY: WE'LL BEGIN WITH ITEM D-1. THIS IS AT THE BOTTOM OF PAGE 4 OF THE PRINTED AGENDA, REZONING PETITION 08-1338. THIS IS A PETITION BY CATHOLIC CHARITIES, REPRESENTED BY SHEILA LOPEZ, FOR REZONING A PIECE OF PROPERTY OF 12 ACRES ON THE EAST SIDE OF HARNEY ROAD, NORTHEAST OF HILLSBOROUGH AVENUE. THIS PETITION IS CURRENT -- CURRENTLY ZONED RMC-20. THEY'RE ASKING FOR A PLANNED DEVELOPMENT FOR A RESIDENTIAL TRANSITIONAL HOUSING FACILITY AND ENCAMPMENT FOR THE HOMELESS. THIS PETITION, COMMISSIONERS, HAS BEEN BEFORE YOU PREVIOUSLY WHERE YOU RECEIVED A GREAT DEAL OF PUBLIC COMMENT UNDER ORAL ARGUMENT. YOU REMANDED THE PETITION FOR THE ZONING HEARING MASTER TO CONSIDER A SET OF CONDITIONS THAT WERE PUT TOGETHER BY STAFF WITH THE ASSISTANCE OF THE APPLICANT. THE ZONING HEARING MASTER DID, IN FACT, REVIEW THIS PETITION AGAIN AT PUBLIC HEARING ON AUGUST THE 25th. HE'S OFFERED A RECOMMENDATION OF APPROVAL WITH CONDITIONS THAT HE PROVIDED ATTACHED TO HIS RECOMMENDATION, AND THEY ARE IN YOUR BACKUP. THERE WERE A NUMBER OF SIGNIFICANT CHANGES THAT HE PROVIDED FOR YOUR CONSIDERATION. FIRST AND FOREMOST, HE IS RECOMMENDING APPROVAL BUT ONLY FOR A TEMPORARY PERIOD OF TIME, UP TO A MAXIMUM OF FOUR YEARS. HE HAS ASKED THAT THE APPLICANT PROVIDE FOR A HURRICANE EVACUATION PLAN. HE'S ASKED FOR PROCEDURES SPECIFIC TO THE CONDITIONS THAT EXPLAIN WHAT HAPPENS IF A RESIDENT IS TO BE EJECTED FROM THE FACILITY AND HOW THEY'RE TO BE HANDLED. HE'S PROVIDED FOR NO LESS THAN $2 MILLION OF GENERAL LIABILITY INSURANCE TO BE HELD BY THE APPLICANT, CONFORMANCE WITH THE SEPTIC -- OR THE SEWAGE TREATMENT REQUIREMENTS OF THE HEALTH DEPARTMENT ON THIS SITE, AND ALSO THE APPLICANT HAS TO GO THROUGH THE SITE DEVELOPMENT PROCESS. WE'LL BE -- WE'RE READY TO OFFER ANY ANSWERS TO QUESTIONS THAT YOU MIGHT HAVE, BUT AT THIS TIME WE NEED TO OPEN FOR ORAL ARGUMENT. >>KEN HAGAN: CAN WE HAVE A MOTION TO OPEN. >>MARK SHARPE: SO MOVE. >>KEVIN WHITE: SECOND. >>KEN HAGAN: MOTION COMMISSIONER SHARPE, SECOND COMMISSIONER WHITE. PLEASE RECORD YOUR VOTE. >>RECORDING SECRETARY: COMMISSIONER HIGGINBOTHAM. THANK YOU. MOTION CARRIED 7-0. >>KEN HAGAN: AND ADAM, BEFORE WE GET STARTED, DO YOU WANT TO ADDRESS THE ADDITIONAL EVIDENCE REQUESTS THAT WERE MADE? >>ADAM GORMLY: YES, THANK YOU. THERE HAVE BEEN THREE ADDITIONAL EVIDENCE REQUESTS FILED BY OPPONENTS TO THE PETITION. I'VE REVIEWED THOSE REQUESTS AND MATERIAL THAT'S BEEN SUBMITTED, AND IT'S MY RECOMMENDATION THAT IT DOES NOT MEET THE CRITERIA IN THE CODE FOR CONSIDERATION OF ADDITIONAL EVIDENCE AND WOULD REQUEST THE BOARD MAKE A MOTION TO THAT EFFECT. >>KEN HAGAN: CAN WE HAVE A MOTION. >>JIM NORMAN: SO MOVE. >>ROSE FERLITA: [INAUDIBLE] >>KEN HAGAN: MOTION TO CONFIRM WITH THE COUNTY ATTORNEY'S RECOMMENDATION BY COMMISSIONER NORMAN, SECOND COMMISSIONER FERLITA. PLEASE RECORD YOUR VOTE. >>RECORDING SECRETARY: MOTION CARRIED 6-1. COMMISSIONER WHITE VOTED NO. >>KEN HAGAN: GOOD MORNING, MS. JAMES. >> GOOD MORNING. I'M JUDY JAMES, 325 SOUTH BOULEVARD. I REPRESENT THE APPLICANT. OUR SPEECH IS PREPARED THIS MORNING, SO THE NEXT FOUR TO FIVE SPEAKERS AFTER ME ARE PART OF THE FORMAL PRESENTATION. AT THE BOCC HEARINGS THIS SUMMER, CATHOLIC CHARITIES AND OTHERS IN THE COMMUNITY SPOKE TO YOU FROM THE HEART ABOUT THE NEED TO PROVIDE EMERGENCY SHELTER FOR THE HOMELESS IN HILLSBOROUGH COUNTY, AND THEY OFFERED UP A SOLUTION. THERE IS A NEED FOR PERMANENT HOUSING, NO DOUBT, BUT THE PURPOSE OF THIS APPLICATION IS TO PROVIDE A CONTROLLED SHORT-TERM EMERGENCY REFUGE FOR THE HOMELESS IN AN ENVIRONMENT THAT PROVIDES SECURITY, SANITATION, LODGING, SOCIAL, AND EDUCATIONAL SERVICES. THE OPPOSITION HAS LABELED THIS PROJECT TENT CITY, BUT THE PROPOSAL IS MUCH MORE THAN THAT. HILLSBOROUGH CARES IS PROVIDING THE HOMELESS THEIR OWN INDIVIDUAL SHELTER, A PLACE TO STOW THEIR BELONGINGS, A SECURE AREA WITH OFF-DUTY POLICE OFFICERS, A COMMUNITY CENTER THAT PROVIDES FOOD, LAUNDRY, AND COUNSELING AND PROVIDES OPPORTUNITIES FOR THEM TO REENTER AND GAIN A FOOTHOLD BACK TO A PRODUCTIVE LIFE IN THE COMMUNITY. ON THE OTHER SIDE OF THE COIN, HILLSBOROUGH COUNTY RESIDENTS WILL MAKE A COMMITMENT TO HELP THE HOMELESS AND HAVE AN AREA TO CONCENTRATE THAT COMMITMENT. THE CREATION OF HILLSBOROUGH CARES IS A MEASUREMENT OF OUR COMMUNITY AND REFLECTS OUR CHARACTER FOR HELPING THOSE IN NEED. YOU ASKED US TO COME BACK WITH PROPOSED CONDITIONS THAT WOULD CARRY FORWARD THE PLAN THAT WAS PRESENTED. STAFF PROPOSED CONDITIONS, WE AUGMENTED THEM, AND ANOTHER PUBLIC HEARING WAS HELD BEFORE THE ZONING HEARING MASTER. THE HEARING MASTER THOUGHTFULLY AND CAREFULLY LISTENED TO ALL PARTICIPANTS AND SIGNIFICANTLY STRENGTHENED THE CONDITIONS. WE AGREE TO ALL OF THE PROPOSED CHANGES EXCEPT ONE. WITH THAT, I'D LIKE TO STEP TO THE ELMO FOR A MINUTE AND GO OVER THE SITE PLAN AND SOME OF THE CHANGES THAT WERE MADE. CAN YOU GET THE WHOLE THING ON THERE? THERE YOU GO. OOPS. THERE YOU GO. THANK YOU. HIGHLIGHTED IN GREEN -- I'M SORRY. THE ACCESS POINT ONTO HILLSBOROUGH AVENUE WAS DELETED AND WAS DESIGNATED AS OPEN SPACE. THIS 100-BY-200-FOOT AREA WILL BE SET ASIDE AS OPEN SPACE. THERE WILL BE NO ACCESS TO HILLSBOROUGH AVENUE. WE MOVED THE CHAIN-LINK FENCE THAT GOES AROUND THE BORDER OF THE PROJECT UP TO THIS POINT HERE. BY DOING THIS, WE CREATED THE ONLY ENTRANCE -- THE MAIN ENTRANCE ON THIS SIDE AT HARNEY AVENUE, WHICH MEANS THAT THE -- ANY -- EXCUSE ME -- THE ENTRANCE TO THE PROJECT WILL BE ACROSS FROM LIGHT INDUSTRIAL AREAS ON THE COMP PLAN. THIS IS OUR SITE. EVERYTHING IN GRAY IS LIGHT INDUSTRIAL. AS YOU KNOW, WITHIN THE COMP PLAN THAT MEANS NO RESIDENTIAL AREAS IN THE LIGHT INDUSTRIAL. BY DOING THAT, WHEN YOU LOOK AT THE SITE AGAIN -- THIS IS OUR SITE RIGHT HERE. WE'VE ELIMINATED THE HILLSBOROUGH AVENUE ACCESS, USING THIS AS THE ACCESS POINT. IT IS OVER 2100 FEET FOR SOMEONE TO WALK ON HARNEY ROAD DOWN TO HILLSBOROUGH, CROSS THE FOUR-LANE DIVIDED HIGHWAY, ENTER PAST THE COMMERCIAL AREA HERE, AND THAT'S A 2100-FOOT SEPARATION BY WALKING DISTANCE. ACTUAL PHYSICAL DISTANCE IS 718 FEET. THERE IS HOMES ON HARNEY ABOUT A THOUSAND FEET SOUTH IF YOU WALK THAT WAY. BY CONTRAST, LET ME POINT OUT TO YOU UNDER HILLSBOROUGH COUNTY'S CODE, A COMMUNITY JAIL IS REQUIRED TO BE 200 FEET FROM RESIDENTIAL AREAS AND 30 FEET FROM NONRESIDENTIAL USES. WE'VE ALMOST TRIPLED THE DISTANCE THAT'S REQUIRED. THE SECOND MAJOR CHANGE THAT WE MADE TO THE SITE PLAN WAS TO PROVIDE FOR A 50-FOOT BUFFER ADJACENT TO THE EXISTING TRUCK SALES. THIS AREA IS NO TENTS OR CASITAS IN THE AREA. IT WILL BE A BUFFER AREA. THESE REGISTRATION TENTS HAVE BEEN MOVED NORTH OF THE ENTRY ROAD. WE THEN PROVIDED FOR A 20-FOOT BUFFER AROUND THE WHOLE PROPERTY WITH A SIX-FOOT FENCE. ACCORDING TO THE CONDITIONS, ANY STORAGE TRAILERS MUST BE LOCATED EAST OF THE RETENTION POND. WE DID SHOW THE DUMPSTER LOCATION ON THE SITE PLAN. IT'S INTERNAL TO THE PROJECT, AND NOW, IF YOU'LL LOOK AT YOUR ZHM RECOMMENDATION AND THE STAFF CONDITIONS, WE CREATED A DEFINITION OF A HOMELESS ENCAMPMENT. I'M JUST GOING TO GO BACK TO THE ELMO. IT'S A LOT EASIER TO WORK FROM THERE. THANK YOU. WHEN WE FIRST CREATED THE DEFINITION OF A HOMELESS ENCAMPMENT, IT WAS WRITTEN TO PROVIDE THAT IT MAY PROVIDE A LIST OF SERVICES; HOWEVER, LISTENING TO -- AFTER LISTENING TO THE CONCERNS OF THE CITIZENS, IT WAS WRITTEN TO REQUIRE -- REQUIRE THOSE SERVICES BE PROVIDED AND TO MAKE IT MANDATORY AS TO WHAT IS THE DEFINITION OF A HOMELESS ENCAMPMENT. CONDITION NUMBER 3 REQUIRES THAT THE LODGING UNITS SHALL BE IN COMPLIANCE WITH THE HILLSBOROUGH COUNTY MINIMUM HOUSING CODE AND THE BUILDING CODE AS AMENDED FROM TIME TO TIME. THEREFORE, THE PROJECT BY CONDITION WILL HAVE TO BE IN COMPLIANCE WITH ALL CODES AND WILL MEET THE REQUIREMENTS OF THE LAND DEVELOPMENT CODE. AS YOU WILL -- AS YOU DIRECTED, THERE WILL HAVE TO BE FURTHER HEARINGS ON THESE CODES. WHATEVER THE CHANGES ARE MADE TO THOSE CODES IN THE FUTURE, WE HAVE TO MEET THEM. IF THE CHANGES ARE NOT MADE TO THE CODES, WE WILL NOT BE BUILDING THE PROJECT AS WE HAVE PROPOSED. THE MAXIMUM NUMBER OF RESIDENTS IS SET AT 250. THAT'S 250 PEOPLE, NOT 250 TENTS. THAT'S A MAXIMUM NUMBER OF RESIDENTS. MAXIMUM STAY IS 90 CONSECUTIVE DAYS. AND THIS IS A MAJOR ISSUE THAT WAS DISCUSSED AT THE HEARING. AT THE HEARING MY CLIENTS ALSO AGREED THAT THIS WOULD BE DEFINED AS A TEMPORARY USE. THERE ARE TWO OTHER USES ON THIS PROPERTY. THERE'S A CHURCH AND SUPPORT -- FAMILY SUPPORT USES. THE TEMPORARY USE IS LIMITED BY A TIME FRAME. THE HEARING OFFICER PROPOSED FOUR YEARS FROM THE DATE OF APPROVAL BY THE COUNTY COMMISSIONERS, AND IF THE PROJECT IS NOT SUCCESSFUL AT THAT POINT IN TIME, THERE WOULD BE A PUBLIC HEARING AND IT WOULD NOT BE RENEWED. IF THE PROJECT WERE SUCCESSFUL AND WE WANTED TO GO FORWARD, WE COULD COME BEFORE YOU, ASK FOR ANOTHER PUBLIC HEARING, AND ASK FOR IT TO BE EXTENDED. NOW, AS TO THE FOUR YEARS FROM THE DATE OF THE HEARING, I WOULD ASK THAT THAT BE EXTENDED. THAT IS OUR ONLY CHANGE TO THE CONDITIONS. WE WOULD LIKE TO HAVE FIVE YEARS FROM THE DATE OF SITE DEVELOPMENT PLAN APPROVAL. THERE ARE STEPS THAT WILL HAVE TO BE TAKEN, NOT LEAST OF WHICH IS FUNDRAISING, ENGINEERING, AND CONSTRUCTION. THIS PROJECT IS GOING TO REQUIRE A CONNECTION TO PUBLIC WATER AND SEWER. THESE IMPROVEMENTS ARE NOT INEXPENSIVE. THEY'LL REQUIRE ENGINEERING AND PERMITTING AND ALSO DIFFERENTIATE THIS PROJECT FROM OTHER TENT CITY APPROACHES. WE WILL HAVE PUBLIC RESTROOMS AND LAVATORIES AND SHOWER FACILITIES, NOT PORTA JOHNS AND NOT PORTABLE SHOWERS. IN ORDER TO PERMIT AND CONSTRUCT THE INFRASTRUCTURE AND IMPROVEMENTS, WE ARE REQUESTING A REASONABLE AMOUNT OF TIME, WE BELIEVE, TO GET THIS UP AND GOING AND TO PROVE THAT THE PROJECT WILL WORK. THERE'S A -- THIS IS A MAJOR CHANGE TO THE APPROACH. IF THE USE ACCOMPLISHES ITS GOALS, AN EXTENSION THROUGH A PUBLIC HEARING CAN BE REQUESTED AFTER THE FIVE YEARS. THIS ESTABLISHES A DEADLINE TO DETERMINE THE SUCCESS OF THE PROJECT. THE COUNTY CURRENTLY HAS A TEN-YEAR PLAN ADOPTED IN 2005. IT IS NOW ALMOST 2010. THE COALITION HAS LEARNED HOW HARD IT IS TO GET SOMETHING GOING IN THE PAST FIVE YEARS. WE NEED A REASONABLE TIME. THEREFORE, WE TIED OUR SUCCESS TO THE COUNTY'S TIME FRAME IN THEIR PLAN. ONE ISSUE THAT I WOULD LIKE TO ADDRESS TODAY BEFORE YOU IS THE STUDY PERFORMED BY PINELLAS HOPE. THE AUTHOR OF THAT STUDY, PROFESSOR SONDRA FOGEL, IS HERE, AND I ENCOURAGE YOU TO ASK QUESTIONS TO -- OF HER TO GIVE YOU HER FINDINGS AND NOT RELY ON MISSTATEMENTS THAT HAVE BEEN MADE IN THE MEDIA ABOUT THE SUCCESS RATES OF PINELLAS HOPE. GOING BACK TO THE CONDITIONS, THERE IS A REQUIREMENT FOR A LOG-IN, REGISTRATION, WITH BACKGROUND CHECKS FOR WARRANTS AND SEXUAL PREDATORS. NO OUTDOOR COOKING FIRES ARE PERMITTED. THE TENTS WILL BE OF FIRE RETARDANT MATERIALS. FIRE EXTINGUISHERS WILL BE PROVIDED. HURRICANE EVACUATION PLAN WILL BE PROVIDED. AS STATED BY PAULA, THE PROJECT WILL MEET THE HEALTH DEPARTMENT STANDARDS SPECIFICALLY LISTED IN CHAPTER 64E- 5.009 -- >>KEN HAGAN: QUIET, FOLKS. >> -- FOR THE NUMBER OF TOILETS. THESE ARE THE SAME LDC REQUIREMENTS THAT WOULD BE IMPOSED ON A PUBLIC CAMPGROUND OR RECREATIONAL VEHICLE PARK. A 24-HOUR ON-STAFF PERSON WILL BE PROVIDED. ON-SITE SECURITY IS REQUIRED, AND A $2-MILLION GENERAL LIABILITY INSURANCE POLICY WAS ADDED TO THE REQUIREMENTS. THERE HAVE BEEN CONCERNED RAISED ABOUT CRIMINAL REPORTS. PLEASE LISTEN CAREFULLY TO THE TESTIMONY OF THE OFF-DUTY POLICE OFFICERS AND RESOURCE PERSONNEL THAT WORK AT PINELLAS HOPE AND CONSIDER THE LETTER OF SUPPORT THAT WERE PREVIOUSLY INTRODUCED INTO THE RECORD FROM MAYOR BAKER. THE PREVIOUS TESTIMONY FROM THESE GENTLEMEN HAVE BEEN SUPPORTIVE OF PINELLAS HOPE AND WHAT IT HAS ACCOMPLISHED. THE HEARING OFFICER DID RECOMMEND APPROVAL OF THIS APPLICATION, AND AS YOU READ THE SUMMARY OF HIS FINDINGS, HE STATED, THE REVISED CONDITIONS OF ZONING PROVIDE FOR THE PERMANENT USE OF CHURCH AND FAMILY SUPPORT SERVICES AS PRINCIPAL USES WITH TEMPORARY USE OF HOMELESS ENCAMPMENT FOR WHICH TEMPORARY LODGING UNITS; I.E., THE TENTS AND CASITAS, WOULD NOT BE ALLOWED WITHOUT COMPLIANCE WITH THE MINIMUM HOUSING CODE AND FLORIDA BUILDING CODE. COMPATIBILITY HAS BEEN ADDRESSED WITH SPECIFIC CONDITIONS OF APPROVAL AS AMENDED ATTACHED HERETO. THESE -- THIS APPLICATION WAS FILED LAST NOVEMBER. IT'S BEEN A DIFFICULT, LENGTHY PROCESS, BUT WITH THE INPUT THAT HAS BEEN RECEIVED AND THE HELP THAT WILL CONTINUE, IT IS A BETTER PROJECT. THE ALTERNATIVE OF JUST SAYING NO AND IGNORING THE PROBLEMS OR CREATING REQUIREMENTS THAT WOULD CREATE AN UNBUILDABLE PROJECT ARE NOT ACCEPTABLE. IT WILL ONLY CAUSE THE PROBLEM TO WORSEN. WE NEED TO PLAN TO ADDRESS THE EMERGENCY NEEDS OF THE HOMELESS IN OUR COMMUNITY. THE CONDITIONS HAVE BEEN THOUGHTFULLY AND CAREFULLY RECOMMENDED BY THE ZONING HEARING MASTER TO DO THIS. PLEASE APPROVE THIS PROJECT WITH THE ONE MODIFICATION THAT I DISCUSSED OF LENGTHENING THE PERMIT LIFE BY FIVE YEARS FROM THE DATE OF THE SITE PLAN. THANK YOU VERY MUCH. WITH THAT, I'D LIKE TO HAVE FATHER BOB FROM THE CHURCH SPEAK. >>KEN HAGAN: GOOD MORNING, SIR. >> GOOD MORNING. MY NAME IS FATHER BOB MORRIS, VICAR GENERAL FOR THE DIOCESE OF ST. PETERSBURG, 6363 9th AVENUE NORTH, ST. PETERSBURG. BISHOP LYNCH AND THE DIOCESE OF ST. PETERSBURG IS COMMITTED TO RESPOND TO THE GOSPEL MANDATE TO ADDRESS THE NEEDS OF THE POOR AND THE HOMELESS, AND THE CENTRAL PART OF OUR CATHOLIC SOCIAL TEACHING IS A PREFERENTIAL OPTION FOR THE POOR AND COMMON GOOD, MINDFUL OF THOSE THAT ARE LESS FORTUNATE AND ADDRESS THOSE NEEDS FOR TRANSITION INTO OUR COMMON NEEDS AND COMMON GOOD FOR THE COMMUNITY. WITH RESPONSE TO THAT, WE ARE IN SUPPORT OF CATHOLIC CHARITIES' PROPOSAL TO LOOK FOR EMERGENCY TRANSITIONAL HOUSING, TO PROVIDE A PARTNERSHIP WITH BOTH PRIVATE AND PUBLIC SECTORS TO ADDRESS THOSE NEEDS, INCLUDING SOCIAL SERVICES, LAW ENFORCEMENT AGENCIES, OTHER CHURCHES AND PRIVATE INSTITUTIONS PARTNERING TO ADDRESS THE NEEDS OF TRANSITIONING FROM HOMELESSNESS TO INDEPENDENCE. AND WE SUPPORT THIS INITIATIVE AND ASK THAT YOU CONSIDER IT AS WELL. THANK YOU. >>KEN HAGAN: THANK YOU, FATHER. IS THERE ANYONE ELSE AS PART OF THE APPLICANT TEAM? >> YES. >>KEN HAGAN: GOOD MORNING, SIR. >> GOOD MORNING. I'M RICHARD LINKIEWICZ, ST. PETE POLICE, 1300 1st AVENUE NORTH. >> I'M DEPUTY TIM MYERS WITH THE PINELLAS COUNTY SHERIFF'S OFFICE, 10750 ULMERTON ROAD, LARGO, FLORIDA. >>KEN HAGAN: HOLD ON ONE SECOND, SIR. MR. GORMLY, HAVE THESE FOLKS SIGNED UP TO SPEAK? >>ADAM GORMLY: WE DON'T HAVE -- NO, WE DO NOT HAVE ORAL ARGUMENT FROM THESE GENTLEMEN. I'M NOT SURE THAT THEY HAVE -- DID YOU-ALL SPEAK AT THE ZONING HEARING MASTER HEARING? >> YES, SIR. >> NOT ON AUGUST THE 25th. NOT ON AUGUST THE 25th. >>KEN HAGAN: MR. HART, PLEASE SIT DOWN. MR. GORMLY. >>ADAM GORMLY: THEY -- THEY ARE PART OF THE APPLICANT'S TEAM. THEY'VE NOT FILED ORAL ARGUMENT. THEY WILL NEED TO LIMIT THEIR COMMENTS TO THOSE MADE AT THE ORIGINAL ZONING HEARING MASTER HEARING AND NOT PROVIDE ANY EVIDENCE THAT WASN'T PROVIDED AT THAT HEARING. >>KEN HAGAN: DO YOU UNDERSTAND, SIR? >> OKAY. RYAN LAXTON, HOMELESS OUTREACH OFFICER, OPERATION PAR, 2100 4th STREET SOUTH, ST. PETERSBURG. >> I'VE BEEN A POLICE OFFICER FOR 21 YEARS. I KNOW THERE'S A LOT OF CONCERN ABOUT THE CRIME RATE, AND I'LL TELL YOU, I'VE ARRESTED MY SHARE OF BURGLARS, CAR THIEVES, AND I CAN TELL YOU THAT THEY'RE NOT GOING TO BE YOUR HOMELESS INDIVIDUALS, EVERYONE NEEDS TO KEEP THEIR EYE ON THEIR CHILDREN AND YOUNG ADULTS. I'VE SEEN SOME OF THE POSTERS OUT HERE HAVING A GENTLEMAN LAYING BY A TENT WITH A BEER BOTTLE BY HIM. IF I COULD JUST HAVE TWO MINUTES TO EXPLAIN WHAT OUR INTAKE PROCESS IS. IF WE DO COME ACROSS AN INDIVIDUAL HOMELESS WITH AN ALCOHOL OR SUBSTANCE ABUSE ISSUE, WHAT WE FIRST DO IS WE'LL TAKE THAT PERSON OFF THE STREET. MY PARTNER HERE WORKS FOR OPERATION PAR. WE'LL GET THEM INTO OUR DETOX FACILITY. THEY'LL DO SEVEN DAYS OF DETOX, THEN OUTPATIENT OF ANOTHER TEN TO 14 DAYS, AND THEN WE'LL TAKE THEM TO A PLACE CALLED TURNING POINT WHERE THEY'RE GOING TO DO ANOTHER PROBABLY 30 TO 60 DAYS. AND THEN WE END UP TAKING THEM OUT TO PINELLAS HOPE, SO AFTER THAT TIME, THEY'VE HAD ABOUT 30, 50, OR 70 DAYS OF CLEAN TIME, AND THEN WE TAKE THEM OUT THERE. >> I JUST WANT TO -- GO AHEAD. >> I JUST WANT TO INTERJECT. I AM HERE -- >>KEN HAGAN: PLEASE SPEAK INTO THE MICROPHONE, SIR. PLEASE SPEAK INTO THE MICROPHONE. >> I AM HERE WITH THE APPROVAL OF THE SHERIFF'S OFFICE, SHERIFF JIM COATS. >> [INAUDIBLE] >>KEN HAGAN: SIR, PLEASE CONTINUE. >> I'M NOT HERE IN AN OFF-DUTY CAPACITY, I'M HERE IN AN OFFICIAL CAPACITY. THE SHERIFF'S OFFICE DOES PROVIDE THE OFF-DUTY DETAIL THERE AT PINELLAS HOPE. I AM ONE OF THE OUTREACH OFFICERS FOR THE SHERIFF'S OFFICE. I AM ALSO A CONTINGENT AND THE LIAISON BETWEEN PINELLAS HOPE AND THE SHERIFF'S OFFICE ITSELF. WITH THAT OFF-DUTY DETAIL, WE DO PROVIDE A DEPUTY SEVEN DAYS A WEEK, 365 DAYS A YEAR DURING THE EVENING SHIFT HOURS. THAT DEPUTY IS THERE TO UPHOLD THE SECURITY AND THE SAFETY OF THE CAMP ITSELF. ON THE OUTSIDE OF THAT, BOTH MYSELF, ST. PETERSBURG POLICE DEPARTMENT, PINELLAS PARK POLICE DEPARTMENT, AND CLEARWATER POLICE DEPARTMENT ALL COME TOGETHER AND WE AUGMENT THE SECURITY DURING THE DAYTIME HOURS AS WELL. WE HAVE OFFICERS COMING FROM THE OUTREACH TEAMS IN AND OUT OF THE CAMP ON A VERY FREQUENT BASIS. THE ONLY OTHER THING I WANTED TO TOUCH ON WERE THE ACTUAL CRIME STATISTICS. I KNOW THERE'S BEEN SOME DISCUSSION ABOUT THE CRIME STATISTICS ITSELF. ONE THING THAT NEEDS TO BE MENTIONED AND LOOKED AT, A LOT OF TIMES THE CLIENTS THERE AT THE CAMP -- >>KEN HAGAN: QUICKLY, SIR. TIME'S UP. >> -- ARE ACTUALLY -- THEY'RE REPORTING CRIMES THAT NOT ONLY HAPPEN WITHIN THE CAMP BUT FURTHERMORE HAPPENED IN OTHER AREAS OF THE COUNTY THAT THEY'VE VISITED THROUGHOUT THE DAY. THEY JUST USE THAT OFF-DUTY DEPUTY TO BE ABLE TO CONVEY WHAT HAS HAPPENED TO THEM AND REPORT ANYTHING NEEDED. >>KEN HAGAN: OKAY. THANK YOU, SIR. APPRECIATE YOUR COMMENTS. WE HAVE TWO FOLKS THAT HAVE SIGNED UP IN SUPPORT. DAN MOLLOY, DONNY RHODE. ARE EITHER OF YOU PRESENT? GOOD MORNING. >> GOOD MORNING, COMMISSIONERS. CAN YOU HEAR ME OKAY? I'M SONDRA FOGEL. I AM AT 15312 SHERWOOD FOREST DRIVE, TAMPA, FLORIDA. I'M AN ASSOCIATE PROFESSOR AT THE SCHOOL OF SOCIAL WORK AT THE UNIVERSITY OF SOUTH FLORIDA. I'M ALSO THE FIRST AUTHOR ON THE PROCESS EVALUATION REPORT THAT'S BEING REFERRED TO AND ALSO THE FOLLOW-UP REPORT THAT HAS CURRENTLY BEEN COMPLETED. LET ME SAY THAT REPORT IS A JOINT EFFORT WITH MY COLLEAGUE, DR. KATHLEEN MOORE, AND ALSO THE PINELLAS COUNTY HEALTH AND HUMAN SERVICES, WHO ARE COAUTHORS ON THIS. I HAVE ATTENDED MANY OF THE MEETINGS HELD TO DISCUSS THE PROPOSAL OF HILLSBOROUGH CARES, AND I'VE BEEN VERY IMPRESSED BY THE PROCESS. I REALLY HAVE APPRECIATED HEARING THE MULTIPLE VIEWPOINTS, BUT I'VE BEEN VERY DISHEARTENED BY THE MISQUOTES AND MISUSE OF MY REPORT, AND AGAIN, IT'S A COLLABORATIVE REPORT, THAT HAS BEEN USED TO STEREOTYPE THE IMAGES OF HOMELESS INDIVIDUALS AND TO MAKE ACCUSATIONS ABOUT WHAT HAPPENS AT PINELLAS HOPE. I'M GOING TO BRIEFLY JUST SAY THAT BOTH OF MY REPORTS ARE VERY, VERY SUPPORTIVE OF PINELLAS HOPE. LET ME ALSO SAY THAT BOTH OF THE REPORTS ONLY CAPTURE OF THE FIRST FIVE MONTHS OF OPERATION OF PINELLAS HOPE. THAT MEANS FROM DECEMBER 1st, 2007, TO APRIL 30th, 2008. PINELLAS HOPE HAS CONTINUED TO OPERATE FOR OVER TWO YEARS AND HAS CERTAINLY LEARNED HOW TO OPERATE A TENT FACILITY AND A SHELTER FOR HOMELESS INDIVIDUALS THAT I THINK HILLSBOROUGH CARES WILL BENEFIT FROM. A KEY POINT TO NOTICE, THAT IN THIS FIVE-MONTH PERIOD, PINELLAS HOPE FULFILLED ITS CONTRACT WITH THE COUNTY. IT MET ITS GOAL. IT REDUCED STREET HOMELESSNESS AND IT TRANSITIONED OVER 40% -- AND I WILL SAY 51% OF THE RESIDENTS BACK INTO STABLE HOUSING. CATHOLIC CHARITIES WAS ABLE TO DO THIS BECAUSE IT HAS A LONGSTANDING REPUTATION OF WORKING IN THE COMMUNITY. THE COMMUNITY HAD SUPPORT, THE PEOPLE OF PINELLAS COUNTY, THE LEADERSHIP THERE HAD BEEN DISCUSSING WAYS ON HOW TO DEAL WITH THIS MASS PROBLEM THAT THEY HAD. DUE TO THE BUDGET CUTS THAT CAME IN 2007, THEY WERE UNABLE TO INSTITUTE THEIR PLAN FOR A ONE-STOP CENTER, HOMELESS CENTER. LET ME BE CLEAR THAT MANY OF THE PEOPLE IN PINELLAS COUNTY OR IN PINELLAS HOPE ARE THERE BECAUSE THEY ARE UNDEREMPLOYED OR THEY ARE UNEMPLOYED. I WILL SAY THAT SOME PEOPLE DO HAVE EXPERIENCE WITH THE CRIMINAL JUSTICE SYSTEM, BUT THAT IS DUE BECAUSE OF ISSUES WITH THEIR YOUTH, LIVING AND SURVIVAL ISSUES, AND OUR CURRENT LAWS THAT TARGET STREET BEHAVIORS. I STATE VERY CLEARLY ON MY REPORT THAT PINELLAS HOPE IS NOT FOR INDIVIDUALS WITH SEVERE MENTAL HEALTH AND ADDICTION ISSUES. PINELLAS HOPE IS FOR PEOPLE WHO WERE REFERRED TO THE CAMP, WHO WANT TO COME TO THE CAMP, CAN COMPLY WITH THE RULES AND THE ENVIRONMENT, THEY MUST BE ABLE TO FUNCTION INDEPENDENTLY, THEY MUST BE SOCIALLY APPROPRIATE, AND THEY ARE SCREENED BY THE HOMELESS OUTREACH TEAM. LET ME ALSO SAY THAT HILLSBOROUGH CARES WILL NOT BE FOR THOSE INDIVIDUALS SUFFERING FROM SEVERE MENTAL ILLNESS OR ADDICTION PROBLEMS. I CERTAINLY BELIEVE THAT OUR COMMUNITY HAS RESOURCES FOR THAT -- THOSE SEVERE ISSUES, AND I WOULD HOPE THAT WE WOULD ALL AGREE THAT OUR VULNERABLE CITIZENS NEED TO BE PROTECTED. I KNOW, HOWEVER, THAT THERE IS NEVER ENOUGH HOUSING FOR ALL THAT NEED IT. LET ME JUST TALK ABOUT THE TENTS NEXT. OVERALL, THE RESIDENTS, THE USERS OF THE FACILITIES, LIKE THE TENTS. EVEN IN THE FOLLOW-UP REPORT, RESIDENTS DIDN'T COMPLAIN ABOUT LIVING IN TENTS. WHAT WE DID LEARN -- AND THIS WILL NOT SURPRISE YOU -- IS THAT MANY OF THE RESIDENTS SAID IT'S VERY STRESSFUL AND DIFFICULT TO BE HOMELESS. THERE ARE FEW PLACES TO TAKE CARE OF PERSONAL HYGIENE ISSUES. THEY HAVE CONTINUOUS FEARS OF OTHERS, AND THEY DISLIKE BEING SEEN HOW THEY'RE SEEN IN THE COMMUNITY. BEING ABLE TO BE SAFE FOR SOMEONE WHO IS HOMELESS IS EXTREMELY IMPORTANT, AND IT IS OFTEN THE HOMELESS WHO ARE TARGETED OF VIOLENT CRIMES BECAUSE OF THEIR VULNERABILITY. I THINK HILLSBOROUGH CARES WILL OFFER SAFETY AND WILL HELP THEM NOT OVERPOPULATE AND BE TARGETED OF NUISANCE LAWS THAT BRING THEM INTO JAILS. THE CONTINUED THEME IN BOTH THE REPORTS IS THAT AT THE SITE -- AND RIGHT NOW I'M TALKING ABOUT PINELLAS HOPE -- THE ABILITY TO CONNECT TO SERVICES, THE ABILITY TO BE TREATED HUMANELY, THE ABILITY TO EAT A MEAL, THE ABILITY TO KEEP THEIR BELONGINGS SAFE AND BEING ABLE TO GET NEEDED SOCIAL ASSISTANCE MAKES A DIFFERENCE. IN OUR FOLLOW-UP REPORT, WE FOUND THAT IN OUR SMALL SAMPLE -- AND LET ME AGAIN -- SMALL SAMPLE OF PILOT PROGRAM USERS -- MORE INDIVIDUALS WERE RECEIVING SOME KIND OF INCOME AFTER BEING CONNECTED WITH SERVICES OR WORKING, MORE INDIVIDUALS WERE IN SUPPORTIVE HOUSING OR ON THEIR OWN IN THEIR OWN APARTMENT, AND THE MAJORITY OF FORMER PILOT PROGRAM USERS WERE VERY SATISFIED OR SATISFIED WITH BOTH -- WITH ALL THE LIVING CONDITIONS, THE SOCIAL SERVICES, AND CASE MANAGEMENT SERVICES. WHAT SEEMS TO BE GETTING LOST IN THIS CONVERSATION IS THAT HILLSBOROUGH CARES WILL NOT OPEN UNTIL CATHOLIC CHARITIES HAS MOUs WITH ALL OUR COMMUNITY SERVICE PROVIDERS AND THAT THE COMMUNITY WILL COME TO AGREEMENT ON HOW THIS WILL OPERATE. THIS IS NOT GOING TO HAPPEN OVERNIGHT. IT WILL NOT HAPPEN IN THE -- IN -- LIKE PINELLAS HOPE WHICH WAS ABLE TO OPEN IN FOUR MONTHS AFTER APPROVAL. THAT COMMUNITY WAS MUCH FURTHER ALONG IN DISCUSSIONS ON HOW TO HELP THE HOMELESS. IN CONCLUSION, LET ME SAY THAT BOTH REPORTS OFFER RECOMMENDATIONS FOR CONSIDERATION, WHICH I'M SURE YOU'RE ABLE TO READ. MANY OF THESE WILL BE APPLICABLE FOR HILLSBOROUGH CARES, BUT I WANT TO BE VERY CLEAR, THERE IS NOTHING IN MY REPORT THAT SUGGESTS THAT HILLSBOROUGH CARES SHOULD NOT OCCUR. HILLSBOROUGH CARES WILL BE DIFFERENT THAN PINELLAS HOPE. IT WILL HAVE TIME LIMITS AND IT WILL HAVE TO HAVE THE COOPERATION AND COLLABORATIVE EFFORTS OF MANY ORGANIZATIONS AND CITIZENS IN HILLSBOROUGH COUNTY. IT IS WITHOUT QUESTION THAT THIS IS AN OPPORTUNITY TO BRING OUR HOMELESS SERVICES AND SERVICES PROVIDERS TOGETHER TO COLLABORATE AND OPEN THIS DISCUSSION ON HOW TO CREATE CHANGE AND SERVICE OUR MOST VULNERABLE POPULATIONS. THIS IS A LONG-NEEDED CONVERSATION, AND THE MODEL PROPOSED BY CATHOLIC CHARITIES IS WORKABLE. THERE IS NOTHING TO SUGGEST THAT HILLSBOROUGH COUNTY -- HILLSBOROUGH CARES WILL NOT BE ABLE TO SERVE OUR HOMELESS CITIZENS, AND -- AND THIS IS REALLY IMPORTANT -- AND BE RESPECTFUL OF THE NEEDS OF THE SURROUNDING COMMUNITY. THANK YOU. >> LOCATION, LOCATION, LOCATION. >>KEN HAGAN: THANK YOU, MS. RHODE. IS MR. MOLLOY -- IS HE PRESENT OR WANT TO SPEAK? >> [INAUDIBLE] >> MR. CHAIRMAN, I'M GOING TO WAIVE THAT. THANK YOU. >>KEN HAGAN: OKAY. THOSE IN OPPOSITION, YOU'LL BE GIVEN 15 MINUTES. THERE'S A NUMBER OF INDIVIDUALS THAT HAVE SIGNED UP, SO I WOULD -- >> I'M DONNY RHODE. THE LADY THAT JUST SPOKE I THINK YOU THOUGHT WAS ME, BUT THAT'S NOT ME. >>KEN HAGAN: OKAY. WELL, THEN PLEASE COME FORWARD, SIR. >> GOOD MORNING, MR. CHAIRMAN. MY NAME'S DONNY RHODE, AND I HAVE AN OFFICE HERE IN DOWNTOWN TAMPA. I HAD FILED MY REQUEST FOR ORAL ARGUMENT BASED UPON MY ADVOCACY IN FAVOR OF THE PROJECT, FIRST OF ALL, AND SECONDLY, BECAUSE I HAD HOPED THAT THE COMMISSION MIGHT CONSIDER ADDING A COUPLE OF CONDITIONS TO THIS THAT THE APPLICANT SEEMS TO BE GENERALLY IN FAVOR OF THAT I DON'T THINK WOULD PLACE AN UNDUE BURDEN ON THE OPERATION OR THE CREATION OF THIS OUTREACH PROJECT. ONE OF THOSE WAS THE INCLUSION OF A MORE PRECISE EDUCATIONAL COMPONENT. THAT WOULD INCLUDE THINGS SUCH AS JOB SKILL ENHANCEMENT WHERE IT WAS POSSIBLE, JOB SEARCH SKILLS, THINGS OF THAT NATURE. I ACTUALLY TOOK IT UPON MYSELF TO DRAFT A TRANSITIONAL HOUSING DEFINITION THAT YOU MIGHT CONSIDER FOR ADOPTION. I KNOW THAT MRS. JAMES HAS -- HAS PUT FORTH A DEFINITION OF A HOMELESS ENCAMPMENT. MY PREFERENCE WOULD BE TO REFER TO THE -- THE EFFORT AS TRANSITIONAL HOUSING DEFINED AS THOSE ACCOMMODATIONS THAT ARE PROVIDED BY A CHURCH, SOCIAL, OR OTHER CHARITABLE ORGANIZATION ON A TEMPORARY BASIS TO ANY PERSON DISPLACED FROM A PERMANENT RESIDENCE DUE TO ECONOMIC DISADVANTAGE, AND TO MEET THE REQUIREMENTS OF THAT SECTION, THE PROVIDER MUST CERTIFY AND DEMONSTRATE TO THE BOARD THAT IT WOULD OFFER AND REQUIRES A CONDITION OF THE RESIDENCY PARTICIPATION IN A SUPERVISED EDUCATIONAL COMPONENT DESIGNED TO SUPPORT, ENCOURAGE, AND FACILITATE REASONABLE TRANSITION OF THE TEMPORARILY DISPLACED INDIVIDUAL BACK TO SUITABLE PERMANENT HOUSING. ONE OF THE OTHER REQUIREMENTS THAT THE HEARING OFFICER HAD INCLUDED WAS THE -- THE $2-MILLION LIABILITY POLICY. MY CONCERN WOULD BE THAT SINCE CATHOLIC CHARITIES CANNOT ADDRESS ALL OF THE HOMELESS PEOPLE IN HILLSBOROUGH COUNTY BY ITSELF THAT THE EFFECT OF THAT REQUIREMENT COULD BE TO DISQUALIFY OTHER CHARITABLE ORGANIZATIONS FROM BEING ABLE TO UNDERTAKE A PURPOSE LIKE THIS ON THEIR OWN WHO AREN'T AS -- AREN'T CAPITALIZED AS WELL AS CATHOLIC CHARITIES MAY BE. FOR THAT REASON, IF IT'S WITHIN THE BOARD'S CONSIDERATION TO LIGHTEN THAT REQUIREMENT OR TO ELIMINATE IT ALTOGETHER, I'D ALSO BE IN FAVOR OF THAT. THANK YOU. >>KEN HAGAN: THANK YOU, SIR. OKAY. NOW WE'LL GO TO THE -- THOSE THAT ARE IN OPPOSITION. DR. FOGEL SPOKE OUT OF -- OUT OF LINE. SHE WAS SIGNED UP FOR THE APPLICANTS, AND THEIR TIME HAD EXPIRED, SO SINCE SHE SPOKE FOR SIX MINUTES, I'M GOING TO GIVE THE OPPONENTS AN ADDITIONAL SIX MINUTES, SO YOU'LL HAVE 21 MINUTES TO PRESENT YOUR SIDE. AGAIN, WE DO HAVE A NUMBER OF INDIVIDUALS THAT HAVE SPOKEN -- OR THAT HAVE SIGNED UP TO SPEAK, SO I WOULD ENCOURAGE YOU TO HAVE FOLKS THAT WILL SPEAK FOR YOU AS A GROUP, IF POSSIBLE, AND YOU'LL BE GIVEN 21 MINUTES. GOOD MORNING, SIR. >> GOOD MORNING. MY NAME IS HAL HART. I LIVE 6525 WALTON WAY IN TAMPA. I'M ALSO AN EAST LAKE PARK RESIDENT, AND BEFORE I START MY -- THE PORTION OF MY ORAL ARGUMENT PRESENTATION, THERE ARE A COUPLE OF MATTERS THAT I WANT TO ADDRESS WITH THE BOARD. WE SHOULD NOT BE EXPECTED AS A GROUP OF LAY PEOPLE TO KEEP A WATCHFUL EYE ON WHAT MAY OR MAY NOT BE GOING ON BEHIND CLOSED DOORS, ESPECIALLY IF THE INTENT OF THIS ORDINANCE THAT'S BEING NEGOTIATED IN THE BACK ROOM IS TO ACCOMMODATE CATHOLIC CHARITIES, A PARTY TO THIS REZONING. THE DOCUMENTS THAT I HAVE REQUESTED BE ADDED AS ADDITIONAL EVIDENCE DEAL SPECIFICALLY WITH THE FACT THAT MR. GORMLY AND JUDY JAMES HAVE BEEN HAVING E-MAIL CORRESPONDENCE WITH RESPECT TO AN ORDINANCE, AND THE RECOMMENDED BOARD ACTION OF THIS BOARD, WHICH WAS SCHEDULED FOR THE AGENDA ON SEPTEMBER 2nd, DISCUSSES VERY SPECIFICALLY THAT THE ORDINANCE IS TO ADDRESS CATHOLIC CHARITIES' NEED FOR SUBSTANDARD HOUSING, TO DESIGN AN ORDINANCE THAT WILL ALLOW TENTS AND HOMELESS ENCAMPMENTS. NOW, WHEN I APPEARED BEFORE THIS BOARD ON SEPTEMBER 2nd AND A I BROUGHT THAT TO YOUR ATTENTION AND I SAID, THIS IS ITEM A-78, A-79, I WAS TOLD, OH, NO, THAT DOESN'T HAVE ANYTHING TO DO WITH THE REZONING ISSUE. IT HAS EVERYTHING TO DO WITH IT, AND THIS IS A -- THIS IS A PROCESS THAT'S BEEN GOING ON TO OUR EXCLUSION, AND I THINK THAT'S BEEN INTENTIONAL. AT THIS TIME I'D LIKE TO WITH PERMISSION OF THE BOARD HAND OUT A COPY OF THE E-MAIL CORRESPONDENCE AND THE RECOMMENDED BOARD ACTION AS WELL AS THE DRAFT ORDINANCE THAT'S BEEN GOING ON SEPARATE AND APART FROM THIS PROCEEDING. >>KEN HAGAN: MR. GORMLY, WOULD YOU LIKE TO COMMENT ON THAT? >>ADAM GORMLY: YES. THE INFORMATION THAT MR. HART WOULD LIKE TO SUBMIT IS THE ADDITIONAL EVIDENCE THAT HE SUBMITTED. IT DOES NOT MEET THE CRITERIA IN THE CODE FOR CONSIDERATION OF ADDITIONAL EVIDENCE. I'D ALSO SUBMIT THAT THIS IS SOMETHING THAT IF -- IT'LL BE THE SUBJECT OF A FUTURE PUBLIC HEARING WITH THE BOARD. WHAT HE'S REFERRING TO IS THE DRAFT CHANGES TO THE MINIMUM HOUSING CODE THAT THIS BOARD DIRECTED BE UNDERTAKEN TO PROVIDE AN EXEMPTION FOR HOMELESS ENCAMPMENT HOUSING THAT'S DIFFERENT THAN DWELLINGS AS THEY'RE DESCRIBED IN THE ORDINANCE CURRENTLY. IT'S A SEPARATE PROCESS THAT WILL BE UNDERTAKEN BY THE BOARD PURSUANT TO A PUBLIC HEARING TO DISCUSS THE CHANGES TO THAT ORDINANCE. IT'S AN ORDINANCE OF GENERAL APPLICATION TO THE COUNTY, AND MR. HART DOES HAVE A COPY OF EXCERPTS THAT WERE REQUESTED TO BE SENT BY THE ATTORNEY FOR THE APPLICANT AS WELL AS THE ATTORNEY FOR THE OPPOSITION, WHICH I BELIEVE IS HOW MR. HART OBTAINED THOSE DOCUMENTS. >>KEN HAGAN: OKAY. SO YOUR RECOMMENDATION IS THAT WE NOT -- >>ADAM GORMLY: CORRECT. >>KEN HAGAN: -- SEE THE INFORMATION. >>ADAM GORMLY: THAT'S CORRECT. >>KEN HAGAN: OKAY. PLEASE CONTINUE, MR. HART. >> HIS RECOMMENDATION -- BASICALLY WHAT HE'S SAYING IS THAT UNDER THE LAND DEVELOPMENT CODE THAT THROUGH THE EXERCISE OF DUE DILIGENCE, I COULD HAVE DISCOVERED THIS BY AUGUST 25th, THE LAST LAND USE HEARING. THESE DOCUMENTS DIDN'T EVEN EXIST AT THAT POINT. THESE DOCUMENTS DIDN'T EXIST UNTIL THE FIRST WEEK OF SEPTEMBER. THIS IS SOMETHING THAT WAS NOT SENT TO ME, THIS IS SOMETHING THAT WAS SENT TO JUDY JAMES, THE ATTORNEY OF CATHOLIC -- FOR CATHOLIC CHARITIES. THIS IS SOMETHING THAT WAS NOT EVEN SHARED WITH KAMALA CORBETT, WHO REPRESENTS A BUSINESS OWNER IN OUR COMMUNITY. I DIDN'T OBTAIN THIS FROM THE COUNTY ATTORNEY, THEY DIDN'T OFFER IT TO ME. I GOT IT BY HAPPENSTANCE. THIS IS NOT SOMETHING THAT WAS SHARED WITH US, THIS IS SPECIFICALLY ADDRESSING THIS REZONING. IT TALKS ABOUT CREATING AN ORDINANCE BECAUSE THEY'RE ASKING TO BE ALLOWED TO PUT UP TENTS, AND OUR MINIMUM HOUSING STANDARDS DON'T ALLOW THAT. THIS HAS EVERYTHING TO DO WITH THIS REZONING, AND I CONSIDER THE FACT THAT MR. GORMLY HAS ENGAGED IN THESE EX PARTE COMMUNICATIONS WITH CATHOLIC CHARITIES' ATTORNEY, IN MY OPINION, IS IMPROPER, AND I QUESTION HIS ABILITY -- [APPLAUSE] >>KEN HAGAN: MR. -- HOLD ON ONE SECOND, MR. HART. MR. GORMLY, WOULD YOU PLEASE COMMENT ON MR. HART'S REMARKS. >>ADAM GORMLY: YES. THE TERMS THAT MR. HART'S USING, EX PARTE COMMUNICATION, ARE NOT APPLICABLE TO THE COMMUNICATION I HAD WITH MS. JAMES. THE ATTORNEY REQUESTED A COPY OF A DOCUMENT, WHICH I HAD, PURSUANT TO A PUBLIC RECORDS REQUEST, PROVIDED THAT DOCUMENT TO HER. THE REASON WHY IT'S NOT APPROPRIATE FOR AN ADDITIONAL EVIDENCE REQUEST IN THIS CONTEXT IS IT'S NOT RELEVANT TO THE APPROVAL OF THE REZONING ITSELF. THE FACT THAT THERE IS A COMMUNICATION MADE IS NOT DISPOSITIVE ONE WAY OR ANOTHER AS TO THE APPROPRIATENESS OF THIS ZONING APPLICATION. >> YEAH, RIGHT. [CROWD NOISE] >>KEN HAGAN: FOLKS, FOLKS, PLEASE SHOW SOME RESPECT. CONTINUE, MR. GORMLY. >>ADAM GORMLY: I BELIEVE THAT WHEN MS. CORBETT COMES UP HERE, SHE CAN CORRECT THE STATEMENT THAT MR. HART MADE BECAUSE THE DOCUMENTS WERE PROVIDED TO HER AS WELL VIA E- MAIL PURSUANT TO HER REQUEST, AS ANYBODY WOULD HAVE THE ABILITY TO DO THAT MAKES A PUBLIC RECORDS REQUEST. >> MY POINT IS, SIR, AS A LAYPERSON, AM I SUPPOSED TO BE E- MAILING MR. GORMLY OR ANYONE ELSE THAT'S CONNECTED WITH THIS BOARD OR REPRESENTS THIS BOARD EVERY DAY OF THE WEEK SAYING, IS THERE ANYTHING I SHOULD KNOW ABOUT, OR IS IT A MATTER OF DUE PROCESS THAT HE WOULD FEEL COMPELLED AS YOUR REPRESENTATIVE TO VOLUNTARILY MAKE AN -- TAKE AN AFFIRMATIVE STEP TO PROVIDE THIS TO ME? HE DID NOT PROVIDE THIS TO ME. IT WAS PROVIDED TO MS. CORBETT AFTER SHE ASKED FOR IT. AS A MATTER OF DUE PROCESS, I THINK IT HAS EVERYTHING TO DO WITH THIS PROCEEDING BECAUSE IF MR. GORMLY IS THE ONE WHO'S SITTING HERE SAYING OUR ADDITIONAL EVIDENCE IS NOT ALLOWED, THEIR ADDITIONAL NONREGISTERED SPEAKERS ARE ALLOWED, AND THE FACT THAT HE'S BEEN INVOLVED WITH THIS PART OF THE PROCESS TELLS ME THAT HE SHOULD NOT BE THE REPRESENTATIVE FROM THE COUNTY ATTORNEY'S OFFICE SITTING HERE MAKING RECOMMENDATIONS ABOUT WHETHER OR NOT THE ADDITIONAL EVIDENCE SHOULD COME IN. AND I WOULD ASSUME HE ALSO OBJECTS TO THE FACT THAT A PART OF MY ADDITIONAL EVIDENCE REQUEST HAS VERY MUCH TO DO WITH IMPROPER EX PARTE COMMUNICATIONS BETWEEN ONE OF THE COMMISSIONERS ON THIS BOARD, CATHOLIC CHARITIES, AND THE DIOCESE. [APPLAUSE] >>KEN HAGAN: MR. HART, YOU MADE YOUR COMMENTS, YOU'VE HEARD FROM OUR COUNTY ATTORNEY. THE BOARD CONFIRMS OR REAFFIRMS HIS -- HIS LEGAL OPINION. I WOULD RESPECTFULLY REQUEST THAT YOU -- FOR THE REMAINING MINUTES YOU CONCENTRATE ON THE CONTINUANCE AND THE ISSUE AT HAND. THANK YOU. >> COMMISSIONER HAGAN, I DID NOT INTEND TO USE UP A PORTION OF MY ORAL ARGUMENT OR ANYONE ELSE'S ORAL ARGUMENT WITH RESPECT TO ARGUING THE ADDITIONAL EVIDENCE ISSUE. I WOULD THINK THAT THAT WOULD NOT BE COUNTED AGAINST -- >>KEN HAGAN: NO, SIR. NO, SIR. NO, SIR. >> WELL, WE -- >>KEN HAGAN: AND WITH ALL DUE RESPECT -- FOLKS, SHOW A LITTLE RESPECT. OKAY. IF YOU ATTENDED THIS EARLIER -- IF YOU ATTENDED THE EARLIER MEETINGS, THEN YOU REALIZE HOW I VOTED IN THIS -- IN THIS PROCEDURE AND THESE CASES, OKAY. LET MR. HART SPEAK. THE CLOCK IS RUNNING, AND THEN THE BOARD WILL DISCUSS THE ITEM. PLEASE CONTINUE, SIR. >> THE SECOND POINT I'D LIKE TO MAKE HAS TO DO WITH AN E- MAIL COMMUNICATION BETWEEN ROSE FERLITA AND THE DIOCESE WITH RESPECT TO THIS ISSUE. >>ADAM GORMLY: COMMISSIONERS, IF I COULD INTERJECT HERE. THIS AGAIN WAS PART OF THE ADDITIONAL EVIDENCE REQUEST THAT MR. HART SUBMITTED. IT'S COVERED BY THE BOARD'S MOTION TO NOT ACCEPT THAT AS ADDITIONAL EVIDENCE AS RELEVANT TO THIS PETITION. >>KEN HAGAN: PLEASE MOVE ON, MR. HART. >> THANK YOU, SIR. AT THIS POINT I WOULD LIKE TO MOVE ON TO MY ORIGINAL ORAL ARGUMENT, AND THAT HAS TO DO WITH THE ISSUE OF HOUSING FIRST. CATHOLIC CHARITIES MET WITH THE HOMELESS COALITION, THEY MET WITH RAYME NUCKLES, AND THEN THEREAFTER MET WITH THE MEMBERSHIP OF THE COALITION, AND IN BOTH OF THOSE MEETINGS THEY PROMISED THAT THEY WOULD NOT PROPOSE TENTS, AND HERE WE ARE TODAY. THEY WENT FORWARD WITH A ZONING APPLICATION AND HAVE PROPOSED TENTS. THIS HAS MADE SEVERAL OF THE HOMELESS COALITION MEMBERS UNHAPPY, UNDERSTANDABLY SO. BUT I HAVE TO ASK MYSELF WHY WOULD A HOMELESS COALITION WHO IS OPPOSED TO PUTTING HUMAN BEINGS IN TENTS BE GRASPING AT WHAT THEY CALL AND HAVE CALLED RECENTLY IN THE MEDIA A BAND-AID APPROACH TO OUR PROBLEM? AND I THINK THIS IS WHY. WHEN WE LOOKED AT OTHER COUNTIES AND WHAT THEY WERE DOING IN OTHER COUNTIES IN THE STATE OF FLORIDA, SPECIFICALLY MIAMI-DADE AND BROWARD, WHAT WE DISCOVERED WAS IS VERY PROACTIVE COUNTY AND LOCAL GOVERNMENTS INVOLVED IN THE PROCESS. TO THIS POINT I HAVE BEEN UNABLE TO FIND ANY SUBSTANTIAL CONTRIBUTION BY OUR LOCAL GOVERNMENTS TO OUR HOMELESS COALITION MEMBERS TO BUILD BEDS AND ADDRESS OUR HOMELESS PROBLEM. THE DESPERATION THAT THEY FEEL IS THE DESPERATION THAT WE FEEL AS RESIDENTS OF HILLSBOROUGH COUNTY AT THE THOUGHT THAT WE HAVE 9500 HOMELESS PEOPLE. PINELLAS -- PINELLAS COUNTY'S HOMELESS POPULATION SINCE THE TENT CITY OPENED HAS INCREASED BY 20%. WE THINK THERE'S A REASON FOR THAT. CONVERSELY, OUR HOMELESS POPULATION HAS DECREASED BY 10% IN THE LAST FOUR YEARS. IF YOU LOOK AT -- AND THIS IS IN THE RECORDS -- THE STUDY DONE BY -- THIS IS ACTUALLY A PRESENTATION THAT WAS DONE TO THE BOARD OF COUNTY COMMISSIONERS IN PINELLAS COUNTY. IF YOU LOOK AT THIS DOCUMENT, THIS IS WHAT IT SAYS. THIS IS THE FOLLOW-UP STUDY CONDUCTED BY USF IN PARTNERSHIP WITH THE DEPARTMENT OF HEALTH AND HUMAN RESOURCES. IT SAYS, 16% WERE CONFIRMED TO HAVE MAINTAINED HOUSING SIX MONTHS AFTER BEING SUCCESSFULLY DISCHARGED FROM PINELLAS HOPE. PINELLAS COUNTY INVESTED $2.1 MILLION TAX DOLLARS INTO THIS PROJECT FOR THE FIRST 18 MONTHS, AND THIS IS THE RESULT. IF YOU ASK ANY HOMELESS SERVICE IN THIS COUNTY WHAT A SUCCESS RATE IS, THEY WILL TELL YOU 40%, 50%. SOME OF THE PROJECTS WE HAVE IN HILLSBOROUGH COUNTY ARE OVER 90% 12 MONTHS OUT, AND I THINK IF YOU LOOK LONG AND HARD AND GIVE THIS A LOT OF THOUGHT, YOU WILL ALSO HEAR THEM SAY, WE DON'T LIKE TENTS, WE DON'T WANT TENTS, WE KNOW TENTS ARE NOT PART OF THE SOLUTION, BUT WE HAVEN'T BEEN ABLE TO GET ANYTHING ELSE. SO I THINK THAT WE HAVE AS MEMBERS OF THIS COUNTY, THAT YOU HAVE AS MEMBERS OF THIS COUNTY AND MEMBERS OF THIS BOARD -- I THINK WE HAVE FAILED TO RESPOND TO THIS PROBLEM, I THINK WE HAVE FAILED TO GET CREATIVE TO COME UP WITH SOLUTIONS TO THIS PROBLEM, AND I'M HERE TO TELL YOU THAT MY COMMUNITY IS ONBOARD TO DO THAT VERY THING IF IT MEANS A RESTAURANT TAX, WHATEVER IT MEANS, MY COMMUNITY IS IN THIS FOR THE LONG HAUL, BUT MAKE -- LET ME MAKE THIS CLEAR. WE WILL NOT ACCEPT TENTS, WE WILL NOT ACCEPT THIS PROJECT, WE WILL NOT PARTNER WITH THEM. [APPLAUSE] ALL OTHER JURISDICTIONS THAT HAVE LEGALLY ALLOWED TENT CITIES IN THIS COUNTRY HAVE DONE SO VIA A TEMPORARY USE PERMIT, 90 DAYS ONLY, A MAXIMUM OF A HUNDRED RESIDENTS. THERE ISN'T ANOTHER JURISDICTION IN THIS COUNTRY THAT HAS DONE THIS FOR THE LONG-TERM OR PERMANENTLY REZONED A PIECE OF PROPERTY. NO OTHER COMMUNITY HAS CHANGED ITS CODE TO ALLOW THIS USE FOR THIS LONG FOR THIS MANY PEOPLE AND WITH SO FEW CONDITIONS, NOT SEATTLE, NOT SAN FRANCISCO, NOT NEW YORK, NOT MIAMI. >> [INAUDIBLE] >> THE EAST LAKE-ORIENT PARK AREA IS TRYING TO REDEVELOP, AND THIS APPROVAL WILL SINGLE-HANDEDLY UNDERMINE TWO YEARS OF WORK BY OUR COMMUNITY PLANNING COMMITTEE -- AND OUR PLAN WAS RECENTLY APPROVED IN JUNE -- AND ALL OF THE RESIDENTIAL ASSOCIATIONS IN THE AREA WHO HAVE WORKED TIRELESSLY TO IMPROVE OUR COMMUNITY. THIS IS NOT THE SOLUTION TO END HOMELESSNESS IN OUR COUNTY. IF WE START DIVERTING TAX DOLLARS TO TENT CITIES WHEN THOSE TAX DOLLARS AND THE HUD FUNDS AND OUR AFFORDABLE HOUSING FUNDS COULD INSTEAD BE USED TO BUILD BEDS, SHELTERS, SERVICES IN THIS COUNTY, WE WILL START DOWN A SLIPPERY SLOPE THAT WE WILL NOT BE ABLE TO RECOVER FROM. [APPLAUSE] MY COMMUNITY FEELS LIKE WE HAVE NOT BEEN ADEQUATELY ENGAGED IN THIS PROCESS, THAT WE HAVE NOT BEEN ADEQUATELY INVOLVED IN THIS PROCESS, AND THAT THESE RECOMMENDED CONDITIONS WERE COBBLED TOGETHER AFTER OPPOSITION TESTIMONY WAS CLOSED ON THE 25th. WE WERE NOT -- WE DID PRESENT RECOMMENDED CONDITIONS. WE PUT THEM IN THE RECORD. THEY WERE IGNORED WITH THE EXCEPTION OF THE LIABILITY INSURANCE, AND WE THINK THAT'S NOT HIGH ENOUGH. THE EXISTING CODE DOES NOT PERMIT THIS, AND AT THE VERY LEAST -- AT THE VERY LEAST, CAREFUL STUDY IS REQUIRED TO DETERMINE WHETHER THIS IS THE RIGHT PATH THAT WE SHOULD GO DOWN. WE NEED TO REALLY LOOK LONG AND HARD AT WHAT OTHER JURISDICTIONS ARE DOING AND NOT DOING, AT WHAT OTHER HOMELESS COALITIONS ARE DOING AND NOT DOING, WHAT THEY THINK WORKS, WHAT THEY THINK DOESN'T WORK BECAUSE PROGRAM AFTER PROGRAM AND STUDY AFTER STUDY HAVE SHOWN TENTS DO NOT WORK. THANK YOU. [APPLAUSE] >>KEN HAGAN: THERE'S NINE MINUTES LEFT TO SPEAK. >> OKAY. MY NAME'S PAUL COTTER. I'M AN EAST LAKE PARK RESIDENT AND A 30-YEAR AIR FORCE VETERAN, AND I DEFENDED THAT FLAG FOR 30 YEARS. MY RESEARCH HAS UNCOVERED THAT PINELLAS HOPE IS INFESTED WITH A CRIMINAL ELEMENT, MANY OF THEM CAREER CRIMINALS. >>KEN HAGAN: MR. GORMLY. >>ADAM GORMLY: COMMISSIONERS, IF I COULD INTERRUPT. THESE PHOTOS THAT ARE BEING SHOWN HERE WERE ALSO THE SUBJECT OF THE ADDITIONAL EVIDENCE REQUEST. >>KEN HAGAN: SO THEY CAN'T BE SHOWN? >>ADAM GORMLY: THAT'S CORRECT. >>KEN HAGAN: SORRY, SIR. >> WELL, AREN'T THEY ON THIS -- THIS PEOPLE ON THIS HERE LIST? THAT'S WHERE I GOT THEIR NAMES. >>ADAM GORMLY: THERE WERE INCIDENT REPORTS THAT WERE SUBMITTED INTO THE RECORD AND MADE PART OF THE RECORD; HOWEVER, THESE DOCUMENTS THAT ARE BEING PRESENTED WERE NOT PART OF THE RECORD AND WOULD NOT BE APPROPRIATE FOR THE BOARD'S CONSIDERATION. >>KEN HAGAN: CAN YOU PLEASE REMOVE THE -- THANKS. >> OKAY. OKAY. MANY OF THEM CAREER CRIMINALS IN THE RANGE OF 30% TO 35% OF THE POPULATION. THE PINELLAS SHERIFF'S OFFICE ACCIDENT/INCIDENT REPORT CONFIRMS THAT. OF THE 113 NAMES OF THE RESIDENTS IN THE REPORT, 20 HAVE BEEN IN STATE PRISON. WE'RE NOT TALKING ABOUT SMALL CRIMES EITHER, AND WE'RE WORKING OFF JUST A 113-NAME LIST I WAS ABLE TO OBTAIN OFF THAT -- RESIDENTIAL BURGLARY, SEXUAL BATTERIES, GRAND THEFT. SOMEBODY STOLE $2,000 FROM THE PINELLAS HOPE SAFE. A RESIDENT AT A FUNDRAISER HAD HIS WALLET STOLEN. SEVEN RESIDENTS LIVING ON THE PROPERTY HAD OUTSTANDING WARRANTS. ONE HAD BEEN IN STATE PRISON EIGHT TIMES. CRACK COCAINE WAS FOUND ON THE PROPERTY. FELONY BATTERY, THREE OF THEM, OVERDOSES THREE, NUMEROUS ALCOHOL INCIDENCES. I GUESS THEY DIDN'T LISTEN TO MR. MURPHY ABOUT NOT DRINKING AND DOING DRUGS. AND THAT'S ONLY WHAT THEY DID ON THE PROPERTY. ONE RESIDENT WAS ALREADY DIAGNOSED AS BIPOLAR WITH SUICIDAL TENDENCIES AND SCHIZOPHRENIC WHO WAS ON PROBATION FOR BURGLARY OF AN OCCUPIED STRUCTURE. HE JUST WALKED OFF THE PROPERTY. AS THEY WERE GOING TO -- THEY WERE GOING TO HAVE HIM BAKER ACTED, BUT HE JUST LEFT. THE GUY'S SIX FOOT TWO, 225 POUNDS, MORE THAN I CAN HANDLE. HE HASN'T BEEN SEEN LATELY, THANK GOD. HE'S A STILL A FUGITIVE. THAT WAS A RESIDENT OF PINELLAS HOPE. AND THIS IS ONLY WHAT'S REPORTED ON-SITE. THIS DOESN'T ADDRESS THE 54 RESIDENTS THAT COMMITTED CRIMES AND WERE ARRESTED THAT WERE LIVING AT PINELLAS HOPE. 75 RESIDENTS COMMITTED 776 CRIMINAL CHARGES WHILE LIVING THERE, JUST 75 OFF THE 113 PEOPLE. IT APPEARS LITTLE OR NO SCREENING OF THE INMATES IS DONE. I SUPPOSE DUE TO INCOMPETENCE. WHAT ARE WE GOING TO TELL THE KIDS FROM EAST LAKE PARK THAT MUST PASS THE ENTRANCE TO HILLSBOROUGH CARES TWICE A DAY. THEY GO TO SCHOOL AT TAMPA TECH. WHAT ABOUT THE THOUSANDS OF KIDS THAT ARE AT THAT TRANSIT BUS TERMINAL AT TAMPA TECH? WHO ARE WE GOING TO BLAME FOR OUR LACK OF FORESIGHT? ALSO THE FIRST RESIDENTIAL HOUSE IS 265 FEET FROM THE ENTRANCE. IT'S ON HARNEY ROAD. AND THEY HAVE KIDS, BUT I GUESS THEY'LL KEEP THEM IN THE HOUSE, SO, YOU KNOW -- BECAUSE THEY'D BE SMART. REMEMBER, THE ONLY SECURITY THAT'S BEING PROVIDED IS THE SECURITY INSIDE. THERE'S NO SECURITY ON THE OUTSIDE OF THAT FACILITY, NONE. [APPLAUSE] YOU KNOW, IT'S A SCARY SITUATION. NOW, YOU KNOW, THEY'RE WORRIED ABOUT THE PEOPLE INSIDE, NOT THE PEOPLE OUTSIDE. AND LIKE I SAY, THERE'S A LIST -- I MEAN, I CAN PROVE ALL THIS DATA. I HAVE SO MUCH DATA ON THE CRIMINAL ELEMENT IN THAT PLACE, IT'S -- IT'S REALLY SCARY. THERE'S NOT LITTLE NICKEL/DIME STUFF, THERE'S -- THERE'S ONE GUY ON THAT LIST THAT WAS PICKED UP, HE HAD AN ARMED ROBBERY OR WAS ARRESTED FOR THE ARMED ROBBERY, WENT TO PINELLAS HOPE, AND THEN HE WENT OUT AND DID AN ARMED BURGLARY. TYPICAL, PICKING UP FUGITIVES FROM ALL OVER THE PLACE. I DON'T KNOW -- THE POLICE OFFICERS THERE, I DON'T KNOW, I GUESS THEY DON'T KNOW WHAT'S GOING ON. OFF -- LET ME GIVE YOU OFF THIS LIST, ATKINS, STATE PRISON FOUR TIMES, TEN TIMES FOR AGGRAVATED BATTERY. HE'S SITTING IN JAIL FIVE MONTHS NOW. HE WAS IN PINELLAS HOPE. BOWMAN'S A FUGITIVE FROM GEORGIA. CAMPBELL, HIS REAL NAME IS STAHLBERG, HE'S IN STATE PRISON TWICE, FIVE YEARS FOR ROBBERY WITH A DEADLY WEAPON. HE'S NOW IN JAIL FOR ROBBERY. CHASTAIN, A WARRANT OUT OF VOLUSIA COUNTY. COX, OUTSTANDING WARRANT FROM HERNANDO COUNTY. DUBOIS, 18 MONTHS PROBATION. ALL LIVING IN PINELLAS HOPE. FRANKLIN SERVED A ONE-YEAR SENTENCE IN STATE PRISON FOR A CRIME HE COMMITTED WHILE IN PINELLAS HOPE. >>KEN HAGAN: SIR, I JUST WANT TO LET YOU KNOW THAT THERE'S FIVE MINUTES REMAINING. I DON'T KNOW IF ANYBODY ELSE WANTS TO SPEAK. >> OKAY. I'M ALMOST DONE. GOODY'S A FUGITIVE FROM CALIFORNIA. HEARD HE'S GOT THREE DIFFERENT ALIASES, AND YOU CAN FIND THEM EACH IN THE PINELLAS DATABANK. HUSSEY -- HUSSEY WAS STATE PRISON, HAD 14 ARRESTS PRIOR TO GOING TO PINELLAS HOPE, AND WHILE HE LIVED AT PINELLAS HOPE, HE WAS ARRESTED THREE TIMES IN A 25-DAY PERIOD. >> [INAUDIBLE] >> OKAY. AND ONE OTHER RESIDENT WAS MR. GAGORIS. AFTER HE GRADUATED, HE WENT OUT AND COMMITTED A MURDER, BUT THAT'S THE TYPE OF PEOPLE THAT ARE IN THERE. THIS IS NOT A HOMELESS ISSUE, IT'S OUR SAFETY. WE LIVE THERE. YOU DON'T LIVE THERE, WE LIVE THERE. [APPLAUSE] >>KEN HAGAN: GOOD MORNING, SIR. >> GOOD MORNING, COMMISSIONERS. MY NAME IS GREGORY LOCKETT, REVEREND GREGORY LOCKETT, 3105 ORIENT ROAD, FORMERLY HOMELESS, FORMERLY ALL THESE THINGS THAT A LOT OF PEOPLE SAID, ORIGINAL ORGANIZER OF THE TENT CITY IN ST. PETERSBURG THAT CAUSED ALL THE PROBLEMS AND STUFF OVER THERE. I'M AN ACTIVIST NOW, AN ADVOCATE FOR THE HOMELESS. I HAVE AN ORGANIZATION CALLED THE REFUGE OF TAMPA, FAVOC, FALSELY ACCUSED VICTIMS OF CRIMES, AND I OPPOSE THIS PROJECT WITH THE TENT CITY DEAL. WHEN I STARTED TENT CITY, IT WAS SENT A MESSAGE OUT TO A BUNCH OF THE SO-CALLED ONES THAT HAD ALL THE DECISIONS THAT COME OUT AND DO THE RESEARCH AND ASK US THESE QUESTIONS AND GO BACK AND PUT IT ON A PIECE OF PAPER. THE MESSAGE WAS THAT WE DESERVE HOUSING, WE NEEDED THE HOUSING. THE MESSAGE WAS STOP SELLING OUT TO THE HOMEOWNERS AND THE DEVELOPERS AND STUFF AND START BEING SMART AND STOP BEING STUPID AND USE THAT MONEY TO REJUVENATE YOUR TOWN, YOUR CITY. [APPLAUSE] THAT'S THE MESSAGE. THE MESSAGE WASN'T TENTS. YOU GOT SO MUCH PROPERTY AND STUFF AROUND HERE, YOU CAN SAVE SO MUCH MONEY JUST BY DOING THE RIGHT THING WITH IT. THE HOMELESS COALITION -- AND I'M GOING TO TELL YOU, I'VE BEEN INVOLVED WITH A LOT OF THEM, AND IF YOU GUYS DON'T GET BEHIND YOUR HOMELESS COALITION HERE, YOU'RE GOING TO HAVE A BLACK EYE IN THE FUTURE BECAUSE THIS IS GOING TO COME BACK AND BITE YOU IN THE BUTT. [APPLAUSE] NO THREATS. I'M TELLING YOU THE TRUTH. YOU KNOW, WHY THEY DIDN'T LIKE JESUS, BECAUSE HE TOLD THE TRUTH. I'M GOING TO SPEAK THE TRUTH TO YOU. I HEARD SOMEONE COME UP AND SPEAK ABOUT WHAT THEY DO IN THEIR JOB, I HEARD SOMEBODY SPEAK ABOUT HUMANITY. I'M GOING TO TELL YOU SOMETHING. I'VE BEEN THERE, AND NOBODY HERE THAT'S MENTIONED NO WORDS DON'T KNOW ONE DOGGONE THING ABOUT IT. THEY DON'T KNOW ONE THING ABOUT THAT HURTING SOUL THAT'S OUT THERE, BUT THEY DO KNOW ABOUT THE SCAVENGERS, THE JEZEBELS THAT'S GOT EVERYBODY SUCKERED AROUND HERE AND GOT YOU WRAPPED AROUND YOUR FINGERS FOR SOMETHING TO MAKE THEIR PROFIT AT THE EXPENSE OF A COMMUNITY, CHILDREN, OR EVEN THE HOMELESS. [APPLAUSE] I -- YOU KNOW, I -- I'M THROUGH. YOU KNOW, I REALLY DON'T EVEN WANT TO COME UP AND TALK TO YOU PEOPLE NO MORE ABOUT THIS BECAUSE IT'S A JOKE. [APPLAUSE] >>KEN HAGAN: HOW MUCH TIME IS LEFT. WE HAVE ONE MINUTE REMAINING. >> GOOD MORNING. KAMI CORBETT FOR THE RECORD, 100 NORTH TAMPA STREET, SUITE 2700. AS MR. HART MENTIONED, I REPRESENT DAIMLER TRUCKS OF NORTH AMERICA, WHO IS THE OWNER OF SELECT TRUCKS, WHICH IS THE PROPERTY THAT IS JUST ADJACENT AND ABUTTING TO THE PROPOSED HOMELESS ENCAMPMENT, AND I'D JUST LIKE TO TAKE A MOMENT OUT A LOT OF THE TESTIMONY YOU'VE BEEN HEARING AND TALK TO YOU ABOUT THE ZONING HEARING MASTER'S RECOMMENDATION AND THE PROBLEMS THAT I SEE WITH -- THE PROBLEM THAT I SEE WITH HIS NEW RECOMMENDATION. ON JUNE 10th HE ISSUED A RECOMMENDATION FOR DENIAL BASED ON THE FOLLOWING RELEVANT FINDINGS: BASICALLY THAT THERE'S NOT AN APPROPRIATE -- APPROPRIATELY DEFINED LAND USE IN THE EXISTING LAND DEVELOPMENT CODE. ALSO, THERE'S NOT A REVIEW PROCESS FOR REVIEWING SPECIAL USES, AND THEN ALSO THE PROPOSED SHELTERS, THE TENTS, DON'T MEET MINIMUM HOUSING CODES. THOSE THREE ELEMENTS STILL EXIST TODAY. THEY DIDN'T CHANGE WITH THE PROPOSED CONDITIONS. PERHAPS MAYBE I COULD AGREE TO DISAGREE WITH MR. SCAROLA ABOUT WHETHER THE PROPOSED CONDITIONS ADDRESS COMPATIBILITY OR NOT, BUT THOSE THREE FIRST CONDITIONS HAVE NOT BEEN ADDRESSED. THEY'VE SORT OF BEEN WASHED OVER AND SAYING, WELL, WE'RE CLOSE, WE'RE CLOSE. THE APPLICANT HAS DEFINED A USE. THAT'S GIVING AWAY YOUR LEGISLATIVE AUTHORITY TO DEFINE USES IN YOUR LAND DEVELOPMENT CODE. YOU SAW THE PROBLEM WITH MR. RHODE'S TESTIMONY. HE HAS A DIFFERENT VERSION OF WHAT A HOMELESS ENCAMPMENT SHOULD BE. YOU CLEARLY HAVE THE LEGISLATIVE AUTHORITY TO AMEND YOUR LAND DEVELOPMENT CODE TO ALLOW A HOMELESS ENCAMPMENT. I DON'T THINK YOU HAVE THE LEGAL AUTHORITY TO DO SO BY PD, AND MY CLIENT INTENDS TO EXERCISE THEIR LEGAL RIGHTS IF YOU APPROVE THIS TODAY. >>KEN HAGAN: THANK YOU, MS. CORBETT. OKAY. AT THIS TIME, THE APPLICANT HAS FIVE-MINUTE REBUTTAL. [APPLAUSE] IS THE APPLICANT STILL HERE? DO YOU WISH TO HAVE YOUR FIVE-MINUTE REBUTTAL? >> IN REBUTTAL, I WOULD JUST LIKE TO STATE THAT THE COMMENTS REGARDING THE MINIMUM HOUSING APPLY TO THE USE OF CASITAS, NOT TO THE TENTS. THE TENTS ARE AN EXEMPTION TO THE FLORIDA HOUSING CODE AND WOULD BE PERMITTED. THE CHANGES THAT ARE REQUESTED WOULD ALLOW THE USE OF THE CASITAS, AND THEN I WOULD ALSO LIKE YOU TO GO BACK AND LISTEN TO WHAT MS. FOGEL SAID ABOUT THE SUCCESS RATE AT PINELLAS HOPE. IT WAS 51%, NOT 16%, AND THAT REPORT IS IN YOUR RECORD. FINALLY, JUST ONE OTHER REBUTTAL STATEMENT. I'D LIKE YOU TO LISTEN AGAIN TO THE DEPUTIES THAT TESTIFIED ABOUT THE GOOD THINGS THAT HAPPEN AT PINELLAS HOPE AND THEIR SUCCESS OVER THERE IN TERMS OF THE -- WHAT THEY HAVE DONE. THEY DO -- AS PART OF THE SERVICES THAT ARE PROVIDED, THE PINELLAS PARK PD DOES DO OFF-SITE SECURITY ALSO. AND THE LAST POINT, THEN TO HEAR FROM MR. MURPHY, IS THE LETTER FROM MAYOR BAKER ABOUT WHAT A SUCCESS PINELLAS HOPE HAS BEEN OVER THERE. IT'S BEEN TWO YEARS, AND IF THAT'S NOT AN EXAMPLE OF A LONG-TERM COMMITMENT, I DON'T KNOW WHAT WE'RE LOOKING FOR HERE. THANK YOU. >>KEN HAGAN: THANK YOU. >> FRANK MURPHY, PRESIDENT, CATHOLIC CHARITIES, 623 POINSETTIA ROAD, BELLEAIR, FLORIDA. I KNOW THIS IS A DIFFICULT ISSUE, AND TO BE HONEST, YOU COULD ASK ANY OF YOUR POLICE OFFICERS, SHERIFFS, POLICEMEN ON THE STREET, THAT DEALING WITH THE HOMELESS, THERE ARE MANY PEOPLE WHO ARE HOMELESS BECAUSE OF THEIR PAST, PAST WITH CRIMES AND PROBLEMS THEY'VE CREATED FOR THEMSELVES, BUT THERE'S ALSO A LOT OF THEM WHO SAY, I KNOW LONGER WANT TO BE HOMELESS, I WANT TO TAKE A STEP TO BECOME INDEPENDENT AND GET OFF THE STREET. THOSE ARE THE TYPE OF PEOPLE WE'RE TRYING TO SERVE. WE APPRECIATE YOUR LEADERSHIP ON THIS ISSUE, YOUR SUPPORT AND YOUR HELP. THIS IS AN ISSUE THAT'S NOT GOING TO GO AWAY EASILY, BUT WE HAVE TO START SOMEWHERE AND GET TO WORK ON IT. >>KEN HAGAN: THANK YOU, MR. MURPHY. PLANNING COMMISSION. [APPLAUSE] PLANNING COMMISSION. >>MELISSA ZORNITTA: THANK YOU. MELISSA ZORNITTA WITH THE PLANNING COMMISSION STAFF. THIS SITE HAS A FUTURE LAND USE DESIGNATION OF OFFICE COMMERCIAL-20. IT'S LOCATED IN THE TAMPA SERVICE AREA OF THE URBAN SERVICE AREA. THE COMPREHENSIVE PLAN DOES CONTAIN A NUMBER OF POLICIES IN THE HOUSING ELEMENT AND ECONOMICALLY DISADVANTAGED ELEMENTS RELATED TO ASSISTANCE FOR THE HOMELESS; HOWEVER, IT WAS STAFF'S FINDING THAT EVEN WITH THE CONDITIONS OF ZONING AS PROPOSED BY THE APPLICANT THAT THERE WERE SOME ISSUES STILL RESULTING IN A FINDING OF INCONSISTENCY. THE USE IS NOT DEFINED CURRENTLY IN THE LAND DEVELOPMENT CODE, NOR ARE THE TYPES OF UNITS ADDRESSED IN THE MINIMUM HOUSING CODE, AND THE COMPREHENSIVE PLAN CONTAINS A POLICY STATING THAT DEVELOPMENTS MUST MEET OR EXCEED ALL OF THE LOCAL, STATE, AND FEDERAL REGULATIONS. WHILE THE CONDITIONS ATTEMPT TO ADDRESS THIS, SINCE THOSE CODES HAVE NOT BEEN CHANGED AT THIS TIME, THE FINDING OF INCONSISTENCY ON THAT BASIS REMAINS, AND BASED ON THIS, PLANNING COMMISSION STAFF FOUND THE PROPOSED REZONING INCONSISTENT WITH THE COMPREHENSIVE PLAN. THANK YOU. [APPLAUSE] >>KEN HAGAN: HEARING MASTER. >>ADAM GORMLY: THE HEARING MASTER -- THE HEARING MASTER RECOGNIZED THAT THE APPLICANT PROVIDED CONDITIONS IN THE SITE PLAN TO ADDRESS SOME OF THE ISSUES IN HIS INITIAL RECOMMENDATION FOR DENIAL. HE RECOGNIZED THAT THE USE WAS DEFINED AS A HOMELESS ENCAMPMENT AND THERE WAS A CURRENT PROCESS TO OUTLINE SPECIFIC CONDITIONS INTENDED TO ENSURE COMPATIBILITY THROUGH THE PLANNED DEVELOPMENT PROCESS, AND HE FOUND THAT THAT WAS MET THROUGH THIS PROPOSAL WITH HEIGHT, BULK, PLACEMENT, SCREENING, HEALTH, SAFETY, AND OTHER STANDARDS THAT WERE INTENDED TO ADDRESS COMPATIBILITY OF THE PROJECT. WITH THAT, HE DID RECOGNIZE THAT THE HOMELESS ENCAMPMENT WAS THE MOST CONTESTED ISSUE IN TERMS OF COMPATIBILITY, AND FOR THAT REASON, RECOMMENDED THE HOMELESS ENCAMPMENT BE A TEMPORARY USE WITH A TIME PERIOD TO REVIEW THAT USE TO ENSURE THAT IT'S COMPATIBLE AND THAT THE SURROUNDING DEVELOPMENT PATTERN IS MAINTAINED. HE DID FIND THAT THE CONDITION WAS ADDED TO ENSURE THAT THE HOUSING UNITS WOULD COMPLY WITH THE MINIMUM HOUSING CODE AND THE FLORIDA BUILDING CODE AND FOUND THAT THE PETITION WAS CONSISTENT WITH THE FUTURE OF HILLSBOROUGH COMPREHENSIVE PLAN, SPECIFICALLY POLICY A-2.8 AND A-2.2 OF THE FUTURE LAND USE ELEMENT, POLICY 1.7.2 AND 1.7.6 OF THE HOUSING ELEMENT, AND POLICY 3.2 OF THE ECONOMICALLY DISADVANTAGED ELEMENT. WITH THAT, HE RECOMMENDED APPROVAL WITH SOME ADDITIONAL CONDITIONS THAT ARE CONTAINED IN YOUR BACKUP AND WERE SUMMARIZED BY MS. HARVEY. >>KEN HAGAN: COMMISSIONER HIGGINBOTHAM. >>AL HIGGINBOTHAM: THANK YOU, MR. CHAIRMAN, AND IT HAS CERTAINLY BEEN AN EMOTIONAL MORNING FROM -- FROM THE TESTIMONY, AND I FIND SOME OF IT REGRETTABLE. I'M SORRY THAT THE PASTOR LEFT SAYING THAT THIS WAS A JOKE BECAUSE I'VE TAKEN THIS VERY SERIOUSLY AND HAVE -- WITHIN THE CONFINES OF THE TESTIMONY AND INFORMATION THAT I HAVE HAVE DONE WHAT I FEEL IS MY HOMEWORK. I THINK IN TIMES LIKE THESE, THESE TOUGH FINANCIAL TIMES, THAT WHEN YOU HAVE SOMEONE WHO'S WILLING TO STEP FORWARD AND REACH OUT A HAND OF GENEROSITY, THAT'S WHAT THIS COUNTRY'S BEEN FOUNDED ON. WHETHER IT WAS IN THE VERY BEGINNING, WHETHER -- [CROWD NOISE] MR. CHAIRMAN, I HAVE THE FLOOR. >>KEN HAGAN: YES. FOLKS, PLEASE SHOW SOME RESTRAINT. >>AL HIGGINBOTHAM: AND THAT THIS COUNTRY'S BEEN BUILT ON COMPASSION AND LOVE AND CARE FOR ONE ANOTHER AND THAT THIS COMMUNITY, MADE UP OF EVERYONE HERE -- AND IF ANYONE HAS AN UNDERSTANDING -- ALTHOUGH I'VE NEVER BEEN HOMELESS -- OF THE FINANCIAL HARDSHIPS THAT WERE BROUGHT ON BY NO FAULT OF MY OWN BUT HAVE HAD TO USE THAT SAFETY NET OF GOVERNMENT AND WAS ABLE AND AFFORDED BECAUSE OF -- OF GOVERNMENT TO BOUNCE BACK AND TO REBOUND AND WAS GIVEN A SECOND CHANCE, I UNDERSTAND THE IMPORTANCE. AND WITH THIS ECONOMY AS IT IS, WE -- WE HAVE TO RECOGNIZE THAT, AND I THINK THE COUNTY HAS TO BE EXTREMELY AWARE AND DELIBERATE IN THE STEPS AND THE ACTIONS THAT THEY TAKE. AND AS I PREPARE TO MAKE MY MOTION, I ALSO WANT TO COMMEND THE -- THE LAW ENFORCEMENT OFFICERS FOR THEIR -- THEIR COMMENTS THIS MORNING. AND TO THAT, I'LL MAKE MY ADDRESS -- I'LL COME TO THE END, BUT IN MAKING MY MOTION, THE INCIDENT REPORT, VERY THICK. AND LET ME JUST READ A FEW OF THEM. DOMESTIC VIOLENCE, PETIT THEFT, SOLICITING, DOMESTIC BATTERY, BURGLARY, GRAND THEFT, BURGLARY, WARRANT FOR ARREST, NEIGHBOR DISPUTE, PETIT THEFT, TRESPASSING, PETIT THEFT, BATTERY -- I COULD KEEP GOING, BUT I'LL END WITH RAPE, AND WITH THAT, I'LL MAKE A MOTION FOR DENIAL. >>KEVIN WHITE: SECOND. [APPLAUSE] >>KEN HAGAN: COMMISSIONER WHITE. >>KEVIN WHITE: THANK YOU, MR. CHAIRMAN. FIRST OF ALL, I'LL MAKE MY OPENING STATEMENT LIKE I DID ON THE LAST ONE. I WANT TO COMMEND CATHOLIC CHARITIES FOR ALL THAT THEY'RE TRYING TO DO IN OUR COMMUNITY, FOR TRYING TO ASSIST AND HELP THE HOMELESS COALITION AND THE HOMELESS IN OUR COMMUNITY. IT IS A VERY WORLDWIDE PROBLEM THAT WE HAVE, AND IT NEEDS TO BE ADDRESSED IN A CLEAR AND CONCISE MANNER, BUT NO ONE SEEMS TO HAVE THE ACTUAL SOLUTION. ONE OF THE THINGS THAT THE APPLICANT SAID WAS, WE NEED TIME TO GET THIS PROJECT TOGETHER TO MAKE IT WORK AND THAT PINELLAS COUNTY WAS SO FAR AHEAD IN THEIR PLANNING THAT IT ONLY TOOK THEM FOUR MONTHS TO GET THIS TOGETHER. IF YOU -- IF CATHOLIC CHARITIES HAD TAKEN THE TIME TO GO OUT TO THIS NEIGHBORHOOD, TO GO AND FIND AN APPROPRIATE PLACE TO HAVE THIS ENCAMPMENT -- [APPLAUSE] -- THIS ROOM WOULD NOT BE SO FULL TODAY. THERE ARE OTHER APPROPRIATE LOCATIONS THROUGHOUT THIS COUNTY IN INDUSTRIAL NEIGHBORHOODS THAT DO NOT ABUT PERMANENT RESIDENCE WITH CHILDREN AND ELDERLY PEOPLE WHO ARE THE MOST VULNERABLE CITIZENS IN OUR COMMUNITY THAT THEY COULD HAVE LOOKED AT, BUT NO, WE JUMPED AT THE VERY FIRST SITE THAT WE SAW, AND WE'RE TRYING TO PUT A SQUARE PEG IN A ROUND HOLE. [APPLAUSE] AND FOR ONCE I JUST HAVE TO TOTALLY AGREE WITH THE PLANNING COMMISSION. WE DON'T ALWAYS AGREE, BUT I'M GOING TO TOTALLY AGREE WITH THE PLANNING COMMISSION, AND THE -- AND THE -- AND THE HEARING MASTER'S RECOMMENDATION, WELL, IT'S -- IT'S CONSISTENT WITH OUR FUTURE LAND USE AND OUR FUTURE ELEMENT, BUT IT IS NOT CONSISTENT WITH OUR PRESENT, AND IT IS AN ABOMINATION TO TRY AND PUT 250 POTENTIAL TRANSIENTS AND VAGRANTS -- AND I WAS LISTENING TO THE PINELLAS COUNTY DEPUTY THAT CAME UP, AND WITH CATHOLIC CHARITIES, THEY SAID, WELL, THIS IS A TRANSITIONAL TYPE PROCESS, BUT THIS DEPUTY SAID, WELL, WHEN WE FIND SOMEONE LAYING IN THE STREET WITH A BEER BOTTLE, WELL, WE TAKE THEM TO DETOX. THESE ARE NOT -- THE PERSON ON THE SIDE OF THE STREET WITH THE BEER BOTTLE IS NOT SOMEBODY THAT'S TRYING TO REHABILITATE, BUT WE'RE GOING TO TAKE THEM AND WE'RE GOING TO REHABILITATE, KEEP THEM DRY, AND THEN WE'RE GOING TO TAKE THEM TO THE CAMP. THAT IS NOT WHAT WE WANT, THAT IS NOT WHAT THIS COMMUNITY NEEDS, THAT'S NOT WHAT THIS COMMUNITY SHOULD BE INUNDATED WITH, AND I WANT THIS COMMUNITY TO KNOW THAT THIS COMMISSION AND THIS COMMISSIONER, WE HEAR YOU, AND WE RESPECT YOUR WISHES, BUT NOT ONLY THAT, BUT WE WANT TO DO WHAT'S RIGHT FOR THE HOMELESS, BUT WE ALSO WANT TO DO WHAT'S RIGHT FOR OUR CITIZENS THAT LIVE HERE, THAT PAY TAXES, AND -- AND MAKE OUR COMMUNITY A BETTER PLACE TO LIVE. AND I WILL BE SUPPORTING THE MOTION FOR DENIAL. [APPLAUSE] >>KEN HAGAN: COMMISSIONER SHARPE. >>MARK SHARPE: WELL, ONCE AGAIN, I WANT TO THANK CATHOLIC CHARITIES, THE APPLICANTS, FOR COMING FORWARD, AND I ALSO WANT TO THANK MR. HART AND THE CITIZENS WHO'VE -- WHO'VE COME FORWARD WITH THEIR -- WITH THEIR TESTIMONY. WHEN I FIRST GOT ELECTED TO THE BOARD OF COUNTY COMMISSION, AN ISSUE WHICH REALLY HAD NOT BEEN AT THE FOREFRONT OF MY AGENDA BUT BECAME ONE AS I BEGAN TO DEAL WITH MR. NUCKLES AND OTHERS WHO DEAL WITH THIS ISSUE DAILY FROM THE HOMELESS COALITION WAS THIS PROBLEM OF HOMELESSNESS, AND THE ECONOMIC CONDITIONS WHICH -- WITH WHICH WE'RE SUFFERING TODAY ONLY, IN MY MIND, MAKE THIS A MORE CHALLENGING PROBLEM, AND AS I SAID THE LAST TIME, THERE ARE -- THERE'S NEVER GOING TO BE A REMEDY WHICH IS GOING TO SATISFY EVERYONE. THERE ARE ALWAYS GOING TO BE OPPORTUNITIES FOR A SOLUTION WHICH ARE GOING TO REQUIRE US TO -- TO DEAL WITH A LOT OF UNCERTAINTY AND TO DEAL WITH A LOT OF -- OF CONCERNS, LEGITIMATE CONCERNS, AND SOME OF THEM CONCERNS WHICH ARE FEARS, BUT WE CAN'T FORGET -- AND I -- AND I EVEN BELIEVE THAT THE CITIZENS WHO'VE COME IN OPPOSITION CAN'T FORGET THAT THE INDIVIDUALS THAT WE'RE DEALING WITH, AS WE SAID BEFORE, ARE HUMAN BEINGS. THEY'RE HUMAN BEINGS, MANY OF THEM WHO HAVE COMMITTED -- WHO'VE DONE THINGS THAT WE WOULD NOT DO, BUT THEY'RE HUMAN BEINGS NONETHELESS AND SHOULD BE TREATED WITH RESPECT. WHAT I'VE BEEN TRYING TO DO AS WE LISTENED TO THIS CONVERSATION IS -- IS WORK TOWARDS A SOLUTION, EVEN IF IT'S A TEMPORARY SOLUTION, SOME WAY OF SOLVING THE PROBLEM, AND CATHOLIC CHARITIES STOOD UP WHEN OTHERS HAVE REALLY NOT OFFERED MUCH MORE THAN JUST VOCAL SUPPORT AND SAID, ALL RIGHT, WE'RE PREPARED TO STEP IN AND HELP. THE -- THE CHALLENGE THAT I HAD WHEN WE REMANDED IT BACK -- AND I STILL DO STRUGGLE WITH THIS. FIRST OFF, I DO NOT SUPPORT ANY EXTENSION. I'LL BE VERY CLEAR THAT IF THIS DOES GO FORWARD, I WILL NOT SUPPORT THE EXTENSION OF FIVE YEARS BUT REMAIN AT WHAT THE LAND DEVELOPMENT -- WHAT THE HEARING OFFICER RECOMMENDED, BUT THE CHALLENGE I DO STRUGGLE WITH IS THIS: THIS IS GOING TO BE CHALLENGED, I BELIEVE, LEGALLY. I THINK WE'RE GOING TO SEE A LEGAL CHALLENGE. AND KAMI, WHO SPOKE IN OPPOSITION, MADE A POINT WHICH -- REGARDING THE -- YOU KNOW, WHAT -- ARE WE LEGISLATING THROUGH A PD RATHER THAN THROUGH THE LAND DEVELOPMENT CODE? THE LAND DEVELOPMENT CODE REALLY HAD NOTHING IN IT, AND I KNOW YOU'VE BEEN STRUGGLING MIGHTILY TO TRY TO CONFORM TO THE LAND DEVELOPMENT CODE SO THAT WE CAN DEAL WITH THIS ISSUE, BUT THE LAND DEVELOPMENT CODE HAS NOTHING IN IT WHICH REALLY DEALS WITH THIS ISSUE OF HOMELESSNESS, TEMPORARY -- AT LEAST TEMPORARY SETTLEMENT OF HOMELESSNESS. AND I'M CONCERNED THAT -- AND I WILL LISTEN TO THE OTHERS, BUT I AM CONCERNED THAT IF WE GO FORWARD AS IS -- AND WE'VE BEEN DEALING WITH OTHER ISSUES OF SIMILAR -- WHERE WE'VE -- WE KNOW WE'RE GOING TO WALK INTO A LEGAL CHALLENGE -- IF THIS IS INDEED THE BEST DIRECTION, AND, I MEAN, I WAS REALLY RATHER THAN DENYING THINKING OF MORE OF A REMAND AGAIN, AND -- AND ALSO -- I'M JUST SAYING I'M -- WHEN WE TALK, WE TALK -- THIS IS HOW WE COMMUNICATE. SO I'M -- I HAVE NOT -- I AM STILL -- I WANT TO HEAR WHAT COMMISSIONER FERLITA AND THE OTHER COMMISSIONERS HAVE TO SAY, BUT I'M WONDERING IF THERE'S A WAY FOR US TO, "A," MAKE THIS CONFORM WITH THE TEN-YEAR PLAN THAT THE HOMELESS COALITION HAS PUT TOGETHER THAT I'VE BEEN WORKING WITH SINCE I GOT HERE. >> YES. >>MARK SHARPE: AND -- AND I KNOW THAT'S BEEN A CHALLENGE. I WANT TO SAY TO THE CATHOLIC CHARITIES, I KNOW THAT'S BEEN A CHALLENGE BECAUSE THERE'S BEEN SOME CONCERN THAT THIS -- THAT THIS SOLUTION IS NOT A PART OF THE OVERALL TEN-YEAR PLAN THAT -- THAT THE HOMELESS COALITION HAS PUT TOGETHER. SO THAT'S ONE ISSUE OF CONCERN. AND THE OTHER ISSUE OF CONCERN IS JUST THE PROCESS WE'RE -- THAT WE'RE MOVING FORWARD WITH, WILL WE BE ABLE TO SURVIVE A CHALLENGE. THOSE ARE THE TWO CONCERNS THAT I HAVE. I'LL LISTEN TO THE OTHER COMMISSIONERS. >>KEN HAGAN: COMMISSIONER FERLITA. >>ROSE FERLITA: THANK YOU, MR. CHAIRMAN. JUST WANT TO MAKE SOME REMARKS AND STATE MY POSITION. I BELIEVE THAT THIS PROJECT IS CERTAINLY NEEDED NOW BECAUSE OF THE INCREASING NUMBER OF HOMELESS INDIVIDUALS RESULTING FROM THE DOWNTURN IN OUR ECONOMY. IN THESE ECONOMIC TIMES, YOU MAY HEAR SAD STORIES FROM INDIVIDUALS WHO NEVER ENVISIONED BEING HOMELESS, WHO WOULD BE PROVIDED SHELTER, COUNSELING, AND DIGNITY BY ALLOWING THEM TO TEMPORARILY STAY AT THE PROJECT. OFTENTIMES INDIVIDUALS WHO STAY AT THIS ENCAMPMENT ARE JUST LIKE THE INDIVIDUALS WHO ONCE RESIDED IN ADJACENT NEIGHBORHOODS. PINELLAS COUNTY NO. >>ROSE FERLITA: THE ZHM HAS RECOMMENDED APPROVAL WITH A LONG LIST OF CONDITIONS REGARDING SAFETY, HEALTH, NEIGHBORHOOD PROTECTIONS, BACKGROUND CHECKS, SECURITY, LIMITED ACCESS ON HARNEY. INDIVIDUALS STAYING IN THIS CAMPGROUND OR IN THIS ENCAMPMENT WILL NOT BE WANTED OR DANGEROUS CRIMINALS. THE ZONING -- [CROWD NOISE] >>KEN HAGAN: FOLKS, PLEASE. >>ROSE FERLITA: THE ZONING HEARING MASTER CONDITIONS REQUIRE BACKGROUND CHECKS TO BE PERFORMED BEFORE ADMISSION. UNRULY HOMELESS INDIVIDUALS WHO CHOOSE TO BE HOMELESS WILL NOT BE ATTRACTED TO STAY AT THE ENCAMPMENT GIVEN THE RULES AND THE LIMITATIONS THAT THEY WILL OPERATE UNDER. >> WERE YOU LISTENING? >> SHHH! >>ROSE FERLITA: IF SOMEONE IS TURNED AWAY BECAUSE THEY FAIL THE BACKGROUND CHECK, EXCLUDING ACTIVE WARRANTS, THE SHERIFF'S OFFICE WILL BE NOTIFIED. ANYONE ELSE REQUIRED TO LEAVE THE ENCAMPMENT FOR RULES VIOLATION WILL BE ESCORTED TO THE BUS TRANSPORTATION AND WILL NOT BE LEFT TO ROAM -- [CROWD NOISE] -- IN THE NEIGHBORHOOD. I WONDER HOW -- HOW MANY TIMES DID YOU-ALL HEAR ME INTERRUPT YOU-ALL WHEN MR. HART WAS MAKING SOME INAPPROPRIATE ACCUSATIONS? [CROWD NOISE] ZERO TIMES, SO ONCE YOU-ALL FINISH, I WILL CONTINUE MY COMMENTS. IT'S CALLED THE DEMOCRATIC PROCESS. [CROWD NOISE] >>KEN HAGAN: FOLKS. SECURITY, PLEASE BE READY TO REMOVE SOME INDIVIDUALS HERE SHORTLY. PLEASE CONTINUE, COMMISSIONER FERLITA. >>ROSE FERLITA: MR. CHAIRMAN, AND PERHAPS IF THE THOUGHTS ARE INTERRUPTED, I MIGHT PERHAPS NEED TO START AGAIN AT THE BEGINNING, AS MANY TIMES AS IT TAKES. I GAVE YOU THE COURTESY. YOU GIVE ME THE COURTESY AS WELL. I WOULD APPRECIATE THAT. OFTENTIMES -- ACCORDING TO THE CONDITIONS, THIS USE IF APPROVED IS TEMPORARY AND THE APPROVAL WILL EXPIRE AFTER FOUR YEARS. THE LIMITATIONS AND CONDITIONS PLACED ON THIS PROJECT ACCORDING TO THE ZHM ARE SUFFICIENT TO MEET THE CODE REQUIREMENTS AND PROTECT THE NEIGHBORHOOD. SITE -- IT'S NOT THE PERFECT SITE PERHAPS FOR THIS USE, BUT IT'S THE BEST SITE AVAILABLE. WE DID A LOT OF RESEARCH WITH OUR REAL ESTATE DEPARTMENT TO FIND OUT WHETHER OR NOT THERE WAS SOMETHING THAT WAS MORE APPROPRIATE, MORE SUITABLE. OBVIOUSLY, BASED ON THIS INTERACTION WITH YOU, THIS DECISION IS NOT AN EASY DECISION, NOR WILL IT NECESSARILY BE POPULAR WITH THE RESIDENTS, BUT IT'S NECESSARY TO HELP MANY INDIVIDUALS IN NEED. I, IN FACT, YES, VISITED PINELLAS HOPE. I SAW WHAT THEY HAVE DONE. I WAS ABSOLUTELY REASSURED AND ASSURED AGAIN BY OUR LEGAL COUNSEL THAT THAT WAS APPROPRIATE, AND I DID THAT JUST TO SEE WHAT PINELLAS HOPE WAS ABOUT. I'VE HEARD MANY THINGS, MANY COMMENTS, SOME NASTY, SOME NOT, ABOUT WHAT THIS MIGHT DO ABOUT POLITICAL FUTURE ENDEAVORS FOR ROSE FERLITA OR SOMEBODY ELSE WHO DOES NOT SUPPORT A DENIAL, BUT YOU KNOW WHAT, WHEN YOU COME DOWN TO THINKING WHAT'S RIGHT AND WHAT'S WRONG, IT'S NOT ABOUT ROSE FERLITA, IT'S ABOUT THE HOMELESS, AND IT'S ABOUT SUPPORTING WHAT I THINK THEY NEED AND WHAT WE WOULD HOPE SOMEONE WOULD SUPPORT FOR US IF BUT FOR THE GRACE OF GOD WE WERE THOSE HOMELESS. SO THIS IS THE RIGHT THING TO DO, IT'S THE ONLY THING I CAN DO, AND I WILL NOT SUPPORT A MOTION TO DENY. >>KEN HAGAN: COMMISSIONER HIGGINBOTHAM. [APPLAUSE] >>AL HIGGINBOTHAM: THANK YOU. AND WELL STATED, COMMISSIONER FERLITA, AND WE FROM TIME TO TIME AGREE AND TIME TO TIME DISAGREE, AND I ALWAYS APPRECIATE THE DIGNITY IN WHICH YOU INTERACT HERE AND WITH THOSE IN THE AUDIENCE, SO -- >>ROSE FERLITA: BACK TO YOU AS WELL, MR. HIGGINBOTHAM. THANK YOU. >>AL HIGGINBOTHAM: THANK YOU. AND TO CLARIFY MY MOTION, IT IS NOT TO SUPPORT BUT IN PARTICULAR BECAUSE IT DOES NOT MEET THE OBJECTIVE -- OBJECTIVE B-1 IN OUR LAND USE PLAN, WHICH IS NEIGHBORHOOD PROTECTION. THE NEIGHBORHOOD IS A FUNCTIONAL UNIT OF THE COMMUNITY DEVELOPMENT. THERE IS A NEED TO PROTECT EXISTING NEIGHBORHOODS AND COMMUNITIES AND THOSE THAT WILL EMERGE IN THE FUTURE. TO PRESERVE AND PROTECT NEIGHBORHOODS AND COMMUNITIES, ALL NEW DEVELOPMENT MUST CONFORM WITH THE FOLLOWING POLICIES. [APPLAUSE] SO I'M JUST RESTATING THAT. AND I KNOW THAT THERE WAS A SECOND, BUT I WANTED TO MAKE SURE THAT WAS IN THE RECORD AS WELL. SO THANK YOU. >>KEN HAGAN: THANK YOU, COMMISSIONER HIGGINBOTHAM. MY POSITION ON THIS ISSUE HAS NOT CHANGED FROM THE -- FROM THE VERY BEGINNING. AS I'VE STATED PREVIOUSLY, I STRONGLY SUPPORT THE MISSION OF CATHOLIC CHARITIES AND WANT TO FIND SOLUTIONS TO OUR HOMELESS PROBLEM. I ALSO -- I DO APPRECIATE THE ADDITIONAL CONDITIONS AND BUFFERS THAT HAVE BEEN ADDED TO THIS PROJECT; HOWEVER, IT IS INCONSISTENT WITH THE COMPREHENSIVE PLAN, AND I SIMPLY DO NOT BELIEVE IT IS AN APPROPRIATE LOCATION FOR THIS PROJECT. SO I WILL SUPPORT THE MOTION TO DENY. [APPLAUSE] WE HAVE A MOTION ON THE FLOOR TO DENY BY COMMISSIONER HIGGINBOTHAM, A SECOND BY COMMISSIONER WHITE. IS THERE ANY FURTHER BOARD COMMENT BEFORE WE VOTE? OKAY. PLEASE RECORD YOUR VOTE. >>RECORDING SECRETARY: MOTION CARRIED 4-3. COMMISSIONERS BECKNER, FERLITA, AND NORMAN VOTED NO. >>KEN HAGAN: OKAY. THANKS FOR COMING DOWN. THE APPLICATION HAS BEEN DENIED. [APPLAUSE] WHY DON'T WE TAKE A BRIEF FIVE-MINUTE RECESS, AND THEN WE'LL RETURN. [RECESS TAKEN] >>KEN HAGAN: GOOD MORNING. WELCOME BACK FROM OUR BRIEF RECESS FOR OUR REGULARLY SCHEDULED LAND USE MEETING. MS. HARVEY, WOULD YOU LIKE TO INTRODUCE THE SECOND ITEM. >>PAULA HARVEY: COMMISSIONERS, ITEM D-2, WHICH IS AT THE TOP OF PAGE 5 OF THE AGENDA, IS REZONING PETITION 09-747. THIS IS A SIX-ACRE PIECE OF PROPERTY LOCATED ON THE NORTH SIDE OF OLD GIBSONTON DRIVE AT THE EXIT RAMP FOR I-75. THE APPLICANT IS PROPOSING TO UTILIZE THE SITE FOR A STORAGE IN CONJUNCTION WITH INTERNET SALES OF TOY HAULERS WITH RVs. HE'S PROPOSING TO STORE SOME OF THE UNITS THAT HE ESSENTIALLY WILL -- WILL SELL ON THE INTERNET. HE'S ALSO PROPOSING TO REMAIN AS A RESIDENCE IN THE SINGLE- FAMILY HOME THAT'S ON THE SITE. YOU'LL NOTE IN THE CONDITIONS THAT HE HAS CONCURRED WITH THE LIMITATIONS TO NOT HAVE ANY SIGNAGE ON THE SITE, TO NOT HAVE ANY LIGHTING ON THE SITE, SO PRINCIPALLY WE ARE TALKING ABOUT A STORAGE SITUATION. STAFF HAS REVIEWED THE PETITION. WE DID RECOMMEND APPROVAL. THE ZONING HEARING OFFICE ALSO RECOMMENDED APPROVAL; HOWEVER, THE PLANNING COMMISSION DID FIND THAT THIS PARTICULAR PROJECT WAS INCONSISTENT WITH THE COMPREHENSIVE PLAN. ORAL ARGUMENT HAS BEEN FILED. >>KEN HAGAN: CAN WE HAVE A MOTION TO OPEN? >>ROSE FERLITA: SO MOVE. >>KEVIN BECKNER: SECOND. >>KEN HAGAN: MOTION BY COMMISSIONER FERLITA, SECOND COMMISSIONER BECKNER. PLEASE RECORD YOUR VOTE. >>RECORDING SECRETARY: MOTION CARRIED 6-0. >>KEN HAGAN: IS THE APPLICANT HERE THIS MORNING? GOOD MORNING, SIR. YOU HAVE 15 MINUTES TO PRESENT YOUR -- >> ALL RIGHT. GOOD MORNING. MY NAME IS PAUL KOLODZIEJ, AND AS YOU-ALL MAY HAVE READ MY APPLICATION, I'M NOT GOING TO BORE YOU WITH ALL THE DETAILS. I'LL JUST SKIM OVER SOME OF THE HIGHLIGHTS. FIRST OF ALL, I'VE BEEN LOOKING FOR A PROPERTY LIKE THIS FOR A COUPLE OF YEARS, AND I THINK I FOUND AN IDEAL SITUATION, A PIECE OF PROPERTY ALONG AN INTERSTATE ON WATER THAT I CAN DO MY BUSINESS, WHICH IS QUITE UNIQUE. I HAVE AN INTERNET-BASED RV DEALERSHIP WHERE WE SELL TOY HAULERS THAT ARE RV WITH RAMP DOORS ON THE INTERNET. WE DO ALL THE NATIONAL SHOWS. WE'LL BE AT DAYTONA TOMORROW ON BIKETOBERFEST. WE DO STORAGES. WE DO ALL THE BIG EVENTS. AND WE DO A LOT OF NATIONAL AND INTERNET BUSINESS. I HAVE A LOT IN WISCONSIN, AND I DO WANT TO BASICALLY RETIRE AND LIVE IN FLORIDA. I'D LIKE TO CONTINUE MY BUSINESS HERE, AND THIS PROPERTY WAS UNIQUE IN THE FACT THAT IT'S IN A FUTURE USE DISTRICT 6 THAT WOULD ALLOW A MIXED-USE, WHICH I'M PROPOSING TO DO. MY NEIGHBORS SUPPORT WHAT I'M WANTING TO DO BECAUSE OF THE FEAR OF POTENTIALLY RESTAURANTS, CONDOS, OR HOTELS THAT COULD COME IN. I DO WANT TO LIVE AT THE HOUSE. I DO WANT TO CONTINUE THE ENVIRONMENT THAT IS CURRENTLY THERE. THERE'S A BEAUTIFUL NATURAL TREE SETTING AND CANOPY, AND IT WILL BE A STATE PARK-LIKE SETTING THAT I'LL KEEP MY RVs AND TAKE THE PICTURES TO PUT THEM ON THE INTERNET. I'LL JUST PUT UP ONE PICTURE TO TAKE A LOOK AT. AS YOU CAN SEE, WE'RE THE ONLY PROPERTY IN THAT QUADRANT OF I-75 AND GIBSONTON DRIVE THAT IS NOT A PD ZONE, AND WE'RE ASKING TO BE PD ZONED. MY DIRECT NEIGHBORS DO SUPPORT US, LIKE I SAID. THERE IS SOME OPPOSITION. THERE'S A SMALL COMMUNITY DOWN THE ROAD THAT SEEMS TO OPPOSE EVERYTHING AND ANYTHING THAT'S COMMERCIAL IN THE NEIGHBORHOOD, AND I CAN RESPECT AND UNDERSTAND THAT. THAT'S THEIR RIGHT TO VOICE THEIR OPINION. ALTHOUGH I DO HAVE THE NOISE AND THE POLLUTION OF THE INTERSTATE, THAT IS WHY THIS PROPERTY WAS CHOSEN TO BE AN SMU-6 PROPERTY, BECAUSE OF ITS LOCATION ON THE INTERSTATE. AND WITH THAT, BASICALLY THE ZONING HEARING ADMINISTRATOR DID CONCUR WITH WHAT MY PLANS ARE, AND I GUESS I PROBABLY DON'T NEED TO BORE YOU WITH ANY FURTHER DETAILS OTHER THAN THE FACT THAT I WOULD ASK FOR YOUR SUPPORT TO REZONE THIS SO I CAN LIVE THERE AND CONTINUE MY BUSINESS. THANK YOU VERY MUCH. >>KEN HAGAN: THANK YOU, SIR. IS THERE AN ANDREA WICKMAN HERE IN SUPPORT? COME DOWN. GOOD MORNING, MA'AM. >> HI. MY NAME IS ANDREA WICKHAM. I AM ONE OF THE IMMEDIATE RESIDENTS, AND WE DO SUPPORT IT. WE DO OCCUPY PROBABLY 21 ACRES BETWEEN SEVEN RESIDENTS THAT ARE NEXT DOOR, AND THEN WE HAVE A LITTLE NEIGHBORHOOD BESIDE THEM. AT THE LAST MEETING THE NEIGHBORHOOD MENTIONED THEIR PROPERTY TAXES. SORRY. AND I WOULD THINK THAT OUR PROPERTY TAXES WOULD PROBABLY STAY THE SAME, IF NOT INCREASE. I DON'T THINK WITH THE TOY HAULER BUSINESS GOING IN THAT IT WOULD DECREASE ANY PROPERTY TAXES. I DON'T THINK THAT WOULD BE AN ISSUE. AND IF ANYTHING, WE WOULD BE MORE AT RISK CONSIDERING OUR TAXES ARE THREE AND FOUR TIMES HIGHER THAN THE NEIGHBORHOODS COMBINED ANYWAY. THEY ALSO MENTIONED A LADY THAT TRANSPORTS HERSELF TO WAL- MART FOR GROCERY STORE PURPOSES BY WHEELCHAIR. IF THAT'S A CONCERN, THEN MAYBE WE OUGHT TO THINK ABOUT PUTTING IN A SIDEWALK FOR HER TO GET FROM HER HOME ALL THE WAY TO WAL-MART, AND WAL-MART WAS ONLY PUT IN THREE YEARS AGO, SO I DON'T KNOW HOW SHE WAS ABLE TO GET THERE PRIOR TO THAT. PAUL ALSO OFFERS THE ABILITY TO BRING MORE BUSINESS TO THE AREA AS FAR AS SHOPPING, GAS, MAYBE EMPLOYING ONE PERSON TO MAINTAIN THE GROUNDS WHILE HE'S OUT OF STATE. IT ALSO GIVES US ADDITIONAL TAXES AND FEES. HE WOULD ALSO SET UP FOR THE LOCAL SHOWS IN THE AREA, SO I THINK IT'S A WIN-WIN SITUATION FOR THE COUNTY AND EVERYTHING. GIBSONTON IS A UNIQUE ZONED AREA. IT'S THERE FOR THE CARNIVAL PEOPLE, IT HAS FLEXIBILITY TO ACCOMMODATE EVERYBODY'S NEEDS, YOU KNOW, AND I THINK THAT'S WHY 90% OF US CHOSE TO LIVE IN GIBSONTON, FOR THOSE ABILITIES. I STILL THINK THAT IT'S A VERY EASY SITUATION TO ACCOMMODATE. I DON'T THINK THE INFLUX OF TRAFFIC WOULD BE AN ISSUE. IT'S JUST LIKE HAVING A COUPLE PEOPLE OVER BECAUSE IT'S STILL AN INTERNET BUSINESS, AND IT'S MAINLY FOR STORAGE FACILITIES. THANK YOU. >>KEN HAGAN: THANK YOU, MS. WICKMAN. THERE WERE FOUR INDIVIDUALS THAT HAVE SIGNED UP IN OPPOSITION. ANY OF THOSE FOLKS HERE TODAY? PLEASE COME. YOU HAVE 15 MINUTES. GOOD MORNING, SIR. >> GOOD MORNING. I'M ROBERT HOLLEY. I'M THE PRESIDENT OF THE HOMEOWNERS ASSOCIATION FOR ALAFIA RIVER ESTATES, AND BASICALLY MY OBJECTIONS COME FROM MR. HEY'S REMARKS AT THE LAST MEETING FROM THE PLANNING COMMISSION, AND I'M GOING TO READ SOME OF THOSE POINTS INTO THE RECORD HERE. THE INTRODUCTION OF AN RV SALES SERVICE AT THE END OF OLD GIBSONTON DRIVE HAS THE POTENTIAL TO INTRODUCE A NUMBER OF NEGATIVE IMPACTS ON ADJACENT RESIDENTIAL USES, AND ALAFIA RIVER ESTATES REPRESENTS THE MAJORITY OF THE HOUSES BACK IN TO THAT POCKET IN THAT NEIGHBORHOOD. WE HAVE 14 -- 13 LOTS DEVELOPED OUT OF 17 IN OUR NEIGHBORHOOD, AND THERE ARE PEOPLE IN HOUSES LIVING THERE. THERE ARE -- OTHER -- MOST OF THE OTHER LOTS HAVE HOUSES ON THE WATER, AND THEN THE PROPERTIES ARE VACANT UP TO OLD GIBSONTON DRIVE, AND THEY'RE USUALLY SIX- TO EIGHT-ACRE PROPERTIES, SO THEY'RE LARGE PROPERTIES, AND I THINK THAT WHAT -- BY ALLOWING BUSINESS BACK IN HERE, YOU WOULD BE PUTTING IN A POSITION -- THE PEOPLE THAT OWN THOSE PROPERTIES WOULD BE ABLE TO SELL OFF THE FRONT OF THEIR PROPERTIES AS COMMERCIAL PROPERTY AND STILL KEEP THEIR HOMES ON THE WATER, AND I'M NOT NECESSARILY SURE THAT IS GOOD FOR THE AREA. IT'S A RESIDENTIAL NEIGHBORHOOD NOW. THERE IS NO BUSINESS BACK IN THERE NOW. THERE IS BUSINESS ZONED IN FRONT OF THE AREA THAT IS ON GIBSONTON DRIVE THAT IS COMMERCIAL, THERE IS A LOT OF COMMERCIAL PROPERTY ON U.S. 41, AND ALL OF THIS PROPERTY IS AVAILABLE TO -- TO THE TOY HAULER'S BUSINESS. I MEAN, HE CAN PUT HIS LOT NEAR TO HIS HOUSE ON OTHER COMMERCIAL PROPERTY IN THE AREA. THE PROPOSED RV SALES SERVICE DEALERSHIP WOULD CREATE A NUMBER OF EXTERNAL NEGATIVE IMPACTS SUCH AS TRAFFIC ON SURROUNDING RESIDENTIAL USES. THERE'S A POTENTIAL FOR CUSTOMERS, EVEN THOUGH IT IS AN INTERNET BUSINESS. IT WOULD ALSO SET A PRECEDENT WITHIN THIS NEIGHBORHOOD, POSSIBLY ALLOWING FOR FUTURE PARCELS FRONTING ALONG THE NORTH SIDE OF OLD GIBSONTON DRIVE TO TRANSITION TO A MORE NONRESIDENTIAL OR COMMERCIAL TYPE USE, AND THIS IS ONE OF OUR BIGGEST FEARS. ONCE THERE IS A COMMERCIAL PROPERTY ON THE END OF THE STREET, THE LADY THAT JUST SPOKE, MS. WICKHAM, HER PROPERTY, THE FRONT OF IT IS UNDEVELOPED. SHE COULD ASK HERS TO BE COMMERCIAL. I'VE GOT COMMERCIAL PROPERTY NEXT DOOR. I'VE GOT COMMERCIAL PROPERTY ACROSS THE STREET. WHY CAN'T MY PROPERTY BE COMMERCIAL? WHAT I SEE IS THE RESIDENTIAL AREA DETERIORATING INTO A BUSINESS AREA, AND IT WILL HAVE A VERY NEGATIVE IMPACT ON US. WE LIKE OUR NEIGHBORHOOD, WE LIKE LIVING BACK IN THERE, IT'S QUIET, IT'S OFF THE MAIN DRAG. WE'RE COMFORTABLE THERE, AND WE THINK THAT THE INTRUSION OF COMMERCIAL PROPERTY BACK ON THE RIVER SIDE OF OLD GIBSONTON DRIVE WOULD HAVE A VERY NEGATIVE IMPACT ON OUR -- US AND OUR WAY OF LIFE. THE SUBJECT SITE IS ALSO LOCATED ALONG THE ALAFIA RIVER, WHICH IS IDENTIFIED WITHIN THE COMPREHENSIVE PLAN AS DIRECTLY INFLUENCED THE DEVELOPMENT PATTERNS AND PROVIDING ECONOMIC OPPORTUNITIES AS WELL AS ENVIRONMENTAL AND RECREATIONAL BENEFITS TO UNINCORPORATED HILLSBOROUGH COUNTY. THOUGH THIS SITE IS CURRENTLY WELL TREED, THERE IS NO ASSURANCE PROVIDED WITHIN THE RECORD OR WITHIN THE CONDITIONS OF THIS REPORT THAT WOULD GUARANTEE THAT THOSE TREES WOULD STAY THERE, THAT HIS PROPERTY WILL REMAIN IN THE STATE THAT IT IS NOW. THERE'S NO GUARANTEE THAT EVEN OUTSIDE THE DISPLAY AREA THAT HE WILL KEEP THE PROPERTY IN A PRISTINE WOODED AREA LIKE IT IS NOW. IT'S BASICALLY VERY RURAL BACK IN THERE WITH HOMES. OUR HOMES ARE ON ONE-THIRD-OF-AN-ACRE SITES. SOME OF THE PROPERTY NEXT TO US, THEY'VE REQUESTED ZONING TO CONDOMINIUMS. THAT PROJECT FAILED BECAUSE OF THE PRESENT ECONOMY, BUT CONDOMINIUMS IS SOMETHING THAT IS ACCEPTABLE TO US. WE THINK IT SHOULD BE RESIDENTIAL. THE CONVERSION OF THE SITE TO A COMMERCIAL USE HAS THE POTENTIAL TO CAUSE A VISUAL INTRUSION ON THE ALAFIA RIVER. THE STAFF HAS FOUND THAT THE REQUEST IS INCONSISTENT WITH POLICIES 35-4 AND 39-6 OF THE CONSERVATION AQUIFER RECHARGE ELEMENT DEALING WITH RIVERS, RESOURCE, AND SPECIFICALLY THE ALAFIA RIVER. THE PROPOSED RV SALES SERVICE DEALERSHIP WOULDN'T MEET THE INTENDED USE OF THE CONCEPTS SPECIFICALLY OUTLINED IN THE LIVABLE COMMUNITIES ELEMENT, RIVERFRONT REVITALIZATION MIXED-USE AREA STRATEGIES WITHIN THE GIBSONTON COMMUNITY PLAN. IT DOES NOT MEET THE INTENT OF THOSE CONCEPTS. THIS IS BY THE -- YOUR OWN COMMISSION -- I MEAN THE PLANNING COMMISSION. THESE STATEMENTS APPARENTLY WERE NOT TAKEN INTO CONSIDERATION WHEN THE DECISION WAS MADE TO ALLOW A PERMIT TO MAKE THIS COMMERCIAL. BASED ON THESE CONSIDERATIONS, THE PLANNING COMMISSION STAFF FOUND THE PROPOSED PLANNED DEVELOPMENT INCONSISTENT WITH THE FUTURE USE OF THE HILLSBOROUGH PLAN. THESE ARE BASICALLY THE SAME THINGS THAT WE'RE SAYING. IT'S A NICE RESIDENTIAL NEIGHBORHOOD. WE WANT IT TO STAY THAT WAY. WE LIKE LIVING THERE, WE'RE TAXPAYERS. I HAD A LOT MORE OF MY CONSTITUENTS HERE BEFORE NOW, BUT THE -- THE PREVIOUS MEETING APPARENTLY LASTED LONGER THAN WE EXPECTED. PEOPLE HAD TO GO BACK TO WORK. I HAVE TO GO BACK TO WORK, SO I PROBABLY WON'T EVEN BE ABLE TO HEAR YOUR JUDGMENT, BUT I HOPE YOU TAKE THIS INTO CONSIDERATION. WE'RE HOMEOWNERS. WE'RE LIVING BACK IN THERE IN A RESIDENTIAL NEIGHBORHOOD. THE INTRUSION OF COMMERCIAL PROPERTY INTO OUR RESIDENTIAL NEIGHBORHOOD WILL HAVE A -- A NEGATIVE IMPACT ON EVERYTHING THAT HAPPENS BACK THERE IN THE FUTURE. THANK YOU. >>KEN HAGAN: THANK YOU, MR. HOLLEY. ANYONE ELSE? GOOD MORNING, SIR. >> GOOD MORNING. MY NAME IS JOE MINCHER. I READ -- 9906 ALAFIA RIVER LANE OFF OF GIBSONTON DRIVE THERE. I OBJECT ALSO TO ZONING IT FROM COMMERCIAL TO RESIDENTIAL - - OH, EXCUSE ME -- TO RESIDENTIAL ON THERE. I DON'T KNOW IF YOU -- YOU KNOW, DO YOU KNOW WHAT A TOY HAULER IS? IT'S -- I GOT A PICTURE OF A COUPLE HERE IF YOU WANT TO SEE ONE. >>ADAM GORMLY: SIR, CAN YOU CLARIFY IF THESE WERE THE PICTURES THAT WERE SHOWN AT THE ZONING HEARING MASTER HEARING? >> NO, THEY'RE JUST PICTURES OFF THE INTERNET. >>ADAM GORMLY: OKAY. IT WOULDN'T BE APPROPRIATE TO SHOW THEM HERE TODAY. >> I GUESS YOU CAN'T SHOW THEM THEN. OKAY. THE POINT -- THE POINT BEING HE'S TALKING -- ON GIBSONTON DRIVE -- ON THE OLD GIBSONTON DRIVE, IT DOESN'T HAVE A LOT OF ROAD GOING BACK UP THERE. THE ROAD'S TORE UP, AND HE'S TALKING ABOUT PUTTING 30 OF THESE TOY HAULERS BACK IN THERE. IT'S NOT -- ORIGINALLY HE TRIED TO DO 50 IN THERE, AND I THINK YOU GUYS TURNED IT DOWN TO 30 IN THERE, BUT THE -- I MEAN, WHERE HE SAYS THERE'S NO TRAFFIC GOING TO BE IN THERE, WHY WOULD YOU PUT A BUSINESS IN THERE IF YOU'RE NOT -- INVEST ALL YOUR MONEY IN THERE IF YOU'RE NOT GOING TO TRY AND GET SOME REVENUE BACK OUT OF IT? SO IT'S ALMOST IMPOSSIBLE TO -- THAT'S A LOT OF TRAFFIC BACK -- GOING BACK UP INTO HIS LOT RIGHT THERE PUTTING IN 30 OF THESE WHAT THEY CALL TOY HAULERS, WHICH ARE ACTUALLY -- YOU KNOW, THEY RUN OFF OF FIFTH WHEELS. YOU HAVE TO PUT THEM ON THE BIG BACK OF A TRUCK AND EVERYTHING AND HAUL THEM AROUND, SO THAT'S ONE OF THE PROBLEMS. ALSO CONVERTING THE PROPERTY FROM RESIDENTIAL TO COMMERCIAL. OKAY. APPRECIATE IT. >>KEN HAGAN: THANK YOU, MR. MINCHER. >> THANK YOU. >>KEN HAGAN: IS THERE A MR. JERNIGAN OR MARZUCO HERE? >> NO, HE'S IN THE HOSPITAL. HE COULDN'T MAKE IT. AND THE REST OF THEM ARE NOT HERE EITHER. THEY HAD TO GO BACK TO WORK. >>KEN HAGAN: THANK YOU, SIR. THE AM CAN'T, YOU HAVE FIVE MINUTES IF YOU WANT TO MAKE ANY REBUTTAL COMMENTS. >> THANK YOU VERY MUCH. I GUESS TO -- I CAN RESPECT MY NEIGHBOR'S CONCERN. IT DOES SOUND SCARY, AN RV DEALERSHIP YOU PICTURE AS A TYPICAL BIG PAVED PARKING LOT, A LOT LIKE THE WAL-MART THAT JUST BUILT ACROSS THE STREET FROM US, BUT HONESTLY WHAT WE DO IS VERY MUCH INTERNET BASED. WE'RE DOING SOMETHING VERY UNIQUE IN THE INDUSTRY. THE PARK-LIKE SETTING, I LOVE -- THE PICTURES ARE GOING TO BE BEAUTIFUL ON THE NET. IF PEOPLE DO COME TO SEE A UNIT OR PICK UP A UNIT, IT'S NOT GOING TO BE A PAVED PARKING LOT. 30 UNITS IS NOTHING. THE LARGE DEALERSHIPS STORE HUNDREDS OF UNITS ON A SINGLE LOT. BUT THAT'S WHY WE TOOK THE VERTICAL SEGMENT OF THIS HORIZONTAL MARKET. THE FACT THAT IF I WAS AN RV DEALER, I WOULD NEED HUNDREDS OF UNITS TO BE IN BUSINESS. I TOOK ONE SEGMENT, LIKE IF YOU TOOK DIESEL PUSHER MOTORHOMES AND SPECIALIZED IN THAT, YOU COULD DO 30. I TOOK TOY HAULERS, AND YOU KNOW WHAT, 30'S ENOUGH TO DO IT. WOULD I LIKE 50? YEAH, 50 WOULD HAVE WORKED. IN THIS DOWN ECONOMY WE BOUGHT SOME MORE THIS LAST WINTER BECAUSE OF THE ECONOMIC HARDSHIPS IN DEALERSHIPS AROUND THE COUNTRY, IN WISCONSIN. WE STORED THEM. WE CAN LIVE WITH 30 HERE. WE WANT TO LIVE HERE. WE WANT TO STAGE THEM HERE, WE WANT TO DELIVER THEM AND SELL THEM HERE, WE WANT TO DO THE SHOWS HERE, AND AS FAR AS THE CONCERNS OF THE NEIGHBORS, I RESPECT THAT. THE ROAD IS OLD GIBSONTON DRIVE, WHICH USED TO BE GIBSONTON DRIVE. IT'S A BIG HEAVY, WELL-BUILT ROAD. IT CAN WITHSTAND A COUPLE TOY HAULERS GOING DOWN IT. MY GOSH, THE DUMP TRUCKS THAT COME DOWN THE ROAD AND THE GARBAGE TRUCKS ARE BIGGER AND HEAVIER THAN THAT. AS FAR AS -- AS FAR AS THE PROPERTY GOES, WE'RE ADJACENT TO THE FREEWAY. I UNDERSTAND THE NEIGHBORS. THEY HAVE A NICE LITTLE GATED COMMUNITY AT THE BEGINNING OF THE PROPERTY OR THE DRIVE AS YOU COME IN. THEY'RE DIFFERENT. THAT'S A RESIDENTIAL AREA. I'M AT THE END ON THE INTERSTATE, AND YOU CHOSE TO MAKE IT SMU-6, TO MAKE IT A MIXED-USE. I AM YOUR MIXED-USE. MY NEIGHBORS WOULD RATHER HAVE ME BE YOUR MIXED-USE THAN A RESTAURANT, A BAR, A GRILL, A MARINA. THEY THINK AN INTERNET-BASED BUSINESS THAT I LIVE AT AND RETIRE AT, KEEP MY BOATS AT THE DOCK, WOULD BE MORE INVITING TO THEIR NEIGHBORHOOD THAN ANY OTHER OPTION, SO I'M ASKING AND I BEG YOU, PLEASE, FOR YOUR SUPPORT. YES, I MADE A VERY LARGE INVESTMENT IN THIS PROPERTY, BUT WITH QUITE A BIT OF DUE DILIGENCE, TALKING TO COUNTY STAFF AND NEIGHBORS, I MADE THIS CHOICE, AND I'M HOPING THAT YOU WOULD ALLOW ME TO CONTINUE WITH THE CHOICE I MADE AND HOPEFULLY NOT MAKE THAT I MADE A BAD CHOICE, SO WITH THAT, I ASK FOR YOUR SUPPORT TO APPROVE THIS. THANK YOU. >>KEN HAGAN: THANK YOU, SIR. PLANNING COMMISSION. >>MELISSA ZORNITTA: THANK YOU. THIS SITE HAS A FUTURE LAND USE DESIGNATION OF SUBURBAN MIXED USE-6. IT'S LOCATED IN THE URBAN SERVICE AREA AND WITHIN THE BOUNDARIES OF THE GIBSONTON COMMUNITY PLAN. THE PROPOSED USE OF A COMMERCIAL BUSINESS WITH OUTDOOR STORAGE IS PROPOSED TO BE LOCATED IN AN AREA THAT STAFF FOUND TO BE PREDOMINANTLY RESIDENTIAL IN NATURE. WHILE THERE ARE NONRESIDENTIAL USES AT THE INTERCHANGE OF GIBSONTON DRIVE AND I-75, THIS PROPERTY IS NORTH OF OLD GIBSONTON DRIVE WITH AN ACCESS ROAD THAT WOULD GO PAST A NUMBER OF RESIDENTIAL PROPERTIES. THE ENTIRE NORTH SIDE OF OLD GIBSONTON DRIVE IS ALL CURRENTLY RESIDENTIAL DEVELOPMENT. WHILE THE OTHER QUADRANTS OF THIS INTERCHANGE ARE NONRESIDENTIAL USES, THOSE USES EITHER HAVE PRIMARY ACCESS ONTO GIBSONTON DRIVE OR AT A MINIMUM, THEIR ACCESS DRIVES DO NOT GO PAST OTHER RESIDENTIAL USES. THEREFORE, WE FOUND THAT THIS AREA, WHILE IT'S ADJACENT TO INTERSTATE 75, WAS UNIQUE AND HAD SOME UNIQUE CIRCUMSTANCES GIVEN THE RESIDENTIAL COMMUNITY ADJACENT TO IT. ADDITIONALLY, IT IS WITHIN THE GIBSONTON COMMUNITY PLAN, AND THIS AREA IS DEFINED AS A RIVERFRONT REVITALIZATION AND MIXED-USE AREA, AND THEIR STRATEGIES CALL FOR ATTRACTING WATERFRONT-RELATED USES AND TO INCORPORATE NEW OR REVITALIZED HOUSING AND PARKS FOR THIS AREA. THEREFORE, STAFF FOUND THAT THE PROPOSED COMMERCIAL USE WITH THE OUTDOOR STORAGE WOULD NOT BE CONSISTENT WITH THEIR COMMUNITY PLAN AS WELL. BASED ON THIS, THE PLANNING COMMISSION STAFF FINDS THE PROPOSED REZONING INCONSISTENT WITH THE COMPREHENSIVE PLAN. THANK YOU. >>KEN HAGAN: HEARING MASTER. >>ADAM GORMLY: THE HEARING MASTER FOUND THAT THE APPLICANT IS PROPOSING A UNIQUE DEVELOPMENT CONCEPT WHERE RV TOY HAULERS ARE MARKETED VIA THE INTERNET AND EITHER DELIVERED BY THE APPLICANT OR PICKED UP AT THE SUBJECT AREA BY THE CUSTOMER. HE FOUND THAT THE APPLICANT'S PROPOSAL IS AN APPROPRIATE TRANSITION OF USE FROM THE INTENSITY OF I-75 TO THE RESIDENTIAL USES FURTHER -- FURTHER TO THE WEST ALONG OLD GIBSONTON DRIVE. FOUND THAT THIS -- THE TRANSITION WAS ACCOMPLISHED THROUGH BUFFERING, SCREENING THAT BEST UTILIZES THE NATURAL RESOURCES OF THE SITE AND ALSO ACCOMPLISHES THIS TRANSITION IN A WAY THAT IS MOST LIKELY TO PROTECT THE SIGNIFICANT TREE CANOPY ON THE SUBJECT SITE. WITH THAT, HE FOUND THE PETITION TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN, INCLUDING THE VISIONS, GOALS, AND STRATEGIES OF THE GIBSONTON COMMUNITY PLAN, AND RECOMMENDED APPROVAL. >>KEN HAGAN: COMMISSIONER FERLITA. >>ROSE FERLITA: THANK YOU, MR. CHAIRMAN. PLANNING COMMISSION, I APPRECIATE YOUR POSITION ON THIS, FIRST OF ALL. GIBSONTON IS IN MY SPECIFIC DISTRICT, DISTRICT 1, AND GIBSONTON HAS HAD SOME STRUGGLES IN THE PAST, AND THEY'VE STOOD FIRM AND TALL TO TRY TO GET THAT DONE. I WHOLEHEARTEDLY AGREE WITH MR. HOLLEY AND MR. MINCHER, AND I'M SORRY THE REST OF YOUR NEIGHBORS, SIR, HAD TO LEAVE, BUT THIS IS INCONSISTENT WITH THE COMMUNITY PLAN IN GIBSONTON, AND I DON'T THINK THAT IT IS FOR US OR ANYONE TO CHIP AWAY AT THAT COMMUNITY PLAN. IT IS INCONSISTENT WITH THE PREDOMINANT PATTERN OF RESIDENTIAL DEVELOPMENT ADJACENT TO IT, AND I THINK THAT THIS WOULD START A PATTERN THAT WOULD NOT BE COMPLEMENTARY OR HELPFUL TO THE COMMUNITY PLAN FOR GIBSONTON. BASED ON THAT, I WOULD LIKE TO MOVE FOR DENIAL. >>KEN HAGAN: OKAY. WE'VE GOT A MOTION TO DENY BY COMMISSIONER FERLITA AND A SECOND BY COMMISSIONER NORMAN. DO WE HAVE ANY OTHER COMMENTS ON THE MOTION? OKAY. PLEASE RECORD YOUR VOTE. >>RECORDING SECRETARY: MOTION CARRIED 7-0. >>KEN HAGAN: NEXT ITEM. >>PAULA HARVEY: COMMISSIONERS, THE NEXT ITEM ON THE AGENDA, ITEM D-3, IS MAJOR MODIFICATION 09-775. GATEWAY VICTORY, INCORPORATED, IS ASKING FOR A MODIFICATION -- OR IS ASKING FOR A MODIFICATION TO A ZONING APPROVED IN 1989. THIS IS AN APPROXIMATE NINE-ACRE SITE LOCATED AT THE SOUTH SIDE OF EAST LUMSDEN ROAD, WEST OF LITHIA-PINECREST. THE PROJECT THAT'S APPROVED THERE TODAY IS A MIXED-USE PROJECT OF OFFICE AND COMMERCIAL. IT IS PARTIALLY DEVELOPED WITH A DRUGSTORE AT THE CORNER. THEY'RE PROPOSING IN THE CENTER PART OF THE SITE TO ADD THE ALLOWABILITY FOR AN ASSISTED LIVING FACILITY USE. ASSISTED LIVING FACILITIES ARE ESSENTIALLY HOUSING FOR ELDERLY PERSONS REQUIRING CARE BUT SHORT OF THEIR BEING NURSING HOME TYPE OF PATIENTS. THEY'LL ACTUALLY BE LIVING THERE. IT WOULD BE THEIR RESIDENTS, BUT THERE IS CARE PROVIDED AT THE FACILITY. STAFF IS RECOMMENDING APPROVAL, ZONING HEARING MASTER RECOMMENDED APPROVAL, AND THE PLANNING COMMISSION FOUND IT CONSISTENT WITH THE COMPREHENSIVE PLAN. ORAL ARGUMENT HAS BEEN FILED. >>KEN HAGAN: CAN WE HAVE A MOTION TO OPEN. >>ROSE FERLITA: SO MOVE, MR. CHAIRMAN. >>KEVIN BECKNER: SECOND. >>KEN HAGAN: MOTION BY COMMISSIONER FERLITA, SECOND COMMISSIONER BECKNER. PLEASE RECORD YOUR VOTE. >>RECORDING SECRETARY: MOTION CARRIED 7-0. >>KEN HAGAN: IS THE APPLICANT HERE? PLEASE COME DOWN. GOOD MORNING, SIR. >> GOOD MORNING. I'M JOHN BODZIAK. I'M THE AGENT AND ARCHITECT FOR THE PROJECT, AND I WOULD GO OVER A FEW HIGHLIGHTS OF THE PROJECT WITH YOU AND ANSWER ANY QUESTIONS YOU MAY HAVE. AS YOU KNOW, THE PROPERTY IS A HEAVILY WOODED ALMOST NINE- ACRE -- JUST SLIGHTLY UNDER NINE-ACRE SITE THAT PREVIOUSLY WAS APPROVED FOR AN OFFICE, PROFESSIONAL, AND COMMERCIAL USE. THERE IS A CVS THAT WAS DEVELOPED ON WHAT WAS A PORTION OF THE SITE UP AT LUMSDEN -- ON LUMSDEN ROAD. THE -- PRESENTLY THE -- THE PRESENT ZONING AND PD THAT WAS APPROVED WOULD ALLOW A VERY INTENSE DENSITY THAT WOULD VIRTUALLY LEVEL QUITE A BIT OF THE FOLIAGE THAT'S ON THE SITE. THE PROPOSED USE THAT WE HAVE HAS -- IS A FAR LOWER INTENSITY THAT CREATES VERY EXCESSIVE SETBACKS FROM THE STREETS. FOR EXAMPLE, 75 FEET IS PROBABLY THE CLOSEST TO A STREET, AND THAT WOULD BE OFF OF BELL SHOALS. THE PROPERTY AS PLANNED WOULD PRESERVE -- BECAUSE OF THE LOW INTENSITY WOULD PRESERVE APPROXIMATELY 85 -- OVER 85% ACTUALLY OF THE GRAND OAKS THAT ARE LOCATED ON THE PROPERTY, EVEN WITH THE RETENTION THAT WOULD BE BUILT IN. SOME OF THE RETENTION WOULD BE ABOVEGROUND RETENTION, ONLY BECAUSE OF MEETING THE FLOODPLAIN ISSUES. THE -- HOWEVER, THE MAJORITY OF THE RETENTION WE INTEND -- OR ADDITIONAL RETENTION WE INTEND TO DO WITH THE ADS SYSTEM, WHICH IS THE UNDERGROUND DRAINAGE SYSTEM, WHICH ALLOWS US TO PRESERVE A LARGER PERCENTAGE OF THE TREES ON THE PROPERTY. THE OVERALL TREES ON THE PROPERTY ASIDE FROM THE GRAND OAKS, WE'D PRESERVE IN EXCESS OF -- APPROACHING 70% OF THE EXISTING FOLIAGE ON THE PROPERTY, SO I THINK THAT KIND OF EMPHASIZES TO YOU THAT WE HAVE A VERY LOW PARKING RATIO THAT REQUIRES VERY LITTLE PAVED AREA. WE HAVE VERY LOW BUILDING COVERAGE ON THE SITE, APPROXIMATELY 100,000 SQUARE FEET ON THE 130-BED FACILITY. THERE ARE TWO. THERE'S A 30- AND A 130-BED FACILITY. THE INTENSITY IS VERY LOW FOR A NINE-ACRE SITE, AND IT ALLOWS US TO REALLY PRESERVE THE NATURE OF THIS SITE IN A MAJOR WAY. THE -- IN THE UPCOMING YEARS, THREE- TO FIVE-YEAR PERIOD, IT'S PROJECTED THAT THERE WILL BE A NEED FOR APPROXIMATELY SEVEN MILLION BEDS, AND THE NEED IN FLORIDA'S GOING TO GROW DRAMATICALLY AS IS BEING SEEN BY A NUMBER OF THE FACILITIES THAT ARE OUT THERE. THIS IS A FIRST-CLASS FACILITY THAT WE HAVE FINANCING IN PLACE FROM PRUDENTIAL HUNTOON, WHICH DOES A MAJOR AMOUNT OF THESE PROJECTS. WE HAVE ONE CURRENTLY UNDERWAY OVER IN WEST ST. PETERSBURG. ASIDE FROM PROVIDING JOB OPPORTUNITIES IN CONSTRUCTION, THIS IS A PROJECT THAT'S PREPARED TO GO AHEAD VIRTUALLY IMMEDIATELY. THE -- AS I STATED, THE SETBACKS ARE EXCESSIVE, THE RETENTION'S MINIMAL, THE DAMAGE TO THE SITE AS FAR AS COVERAGE GOES IS SIGNIFICANTLY LESS, AND THE -- WE'RE ATTEMPTING -- WE THINK THIS IS AN APPROPRIATE USE FOR THE SITE. THE -- I WOULD SUPPOSE THAT I'M HERE TO ANSWER ANY OTHER QUESTIONS, BUT I WOULD APPRECIATE IF YOU WOULD CONSIDER THE HEARING MASTER'S RECOMMENDATION FOR APPROVAL, AND IF YOU'D LIKE, I HAVE A PHOTOGRAPH OF WHAT WE PROPOSE. IT'S A FIRST-CLASS ONE -- A ONE- TO TWO-STORY STRUCTURE, WHICH I THINK THE PHOTOS'S BEEN PRESENTED, IF I'M NOT MISTAKEN, PREVIOUSLY. WAS IT? I'M NOT SURE. NOW MAYBE -- CAN I PRESENT THAT OR IS IT -- IF WE'RE NOT SURE, SHOULD I JUST NOT DO THAT. >>ADAM GORMLY: I THINK IF YOU'RE NOT SURE, YOU SHOULD -- >> YEAH, WE'LL PASS ON THAT. BUT I THINK THIS IS AN APPROPRIATE SITE THAT IN THESE ECONOMIC TIMES IS -- IS -- OH, I WANT TO MENTION ONE OTHER THING, THAT I MET WITH A NUMBER OF THE RESIDENTS THAT HAD OBJECTIONS. THERE WEREN'T A LOT OF THEM, BUT THERE WERE A FEW HERE, AND I WANTED TO -- AND BETWEEN THE RESIDENTS AND STAFF, THE DETERMINATION WAS MADE THAT ON THE PREVIOUSLY APPROVED SITE PLAN, THERE WERE ESSENTIALLY TWO ACCESSES ON BELL SHOALS. THERE WAS A LOT OF OBJECTION TO THE FACT THAT WITH TWO EXISTING ACCESSES, US ADDING A THIRD WOULD CREATE TOO MUCH ACCESS ON BELL SHOALS, SO IN CONVERSATION WITH STAFF, THE FURTHEST, I GUESS -- WHAT WOULD YOU CALL IT? -- SOUTH ACCESS TO PARCEL "D" WE COULD ELIMINATE, AND WE COULD COMBINE THE OTHER TWO ACCESSES, ESSENTIALLY BRINGING IT FROM A PROPOSED THREE DOWN TO ESSENTIALLY A ONE ACCESS TO THE ROAD, WHICH WOULD CREATE I THINK A MORE VIABLE SITUATION FOR THE NEIGHBORHOOD. THAT SEEMED TO BE THE MAIN OBJECTION THAT MOST OF THE PEOPLE HAD WAS TRAFFIC TO THE NEIGHBORHOOD, AND IT'S BECOMING TOO MANY ACCESSES WITH THROUGH -- THROUGH AREAS, SO WE -- ASIDE FROM ACCEPTING THE STIPULATIONS THAT WERE BROUGHT UP BY THE HEARING MASTER, WE ALSO WOULD LIKE TO READ INTO THE RECORD THAT WE ARE WILLING TO COMPROMISE THE ACCESSES TO BELL SHOALS, WHICH I THINK HELPS THE NEIGHBORHOOD OVERCOME ITS FEARS OF TOO MUCH TRAFFIC. THANK YOU. >>KEN HAGAN: THANK YOU, SIR. AT THIS TIME THOSE IN OPPOSITION, WE HAVE TWO INDIVIDUALS THAT HAVE SIGNED UP. MS. KERSHNER AND MS. WILL. GOOD MORNING. >> GOOD MORNING. I'M LOIS KERSHNER. COUNTY COMMISSIONERS, STAFF, AND INTERESTED INDIVIDUALS, MY ADDRESS IS 1305 BELL SHOALS, BRANDON, FLORIDA. BEFORE I START MY REMARKS, I JUST WANT TO COMMENT ON THE GENTLEMAN WHO SPOKE. HE MENTIONED A MEETING WITH THE RESIDENTS OF THE NEIGHBORHOOD. I ASSUME HE'S REFERRING TO THE FEW WORDS WE EXCHANGED AFTER THE ZONING MEETING THAT WAS HELD IN AUGUST BECAUSE IT WAS NOT REALLY A MEETING, AND CONSENSUS WAS NOT ARRIVED AT THAT. ANYWAY, I WOULD LIKE TO RAISE SOME ISSUES THAT WERE IN -- MENTIONED IN THE SEPTEMBER 15th RECOMMENDATIONS OF THE LAND USE HEARING OFFICER. THE FIRST IS WHAT IS A MINOR EXIT? THERE WOULD BE ONE MINOR EXIT OFF BELL SHOALS. THE ROADS AROUND THIS PROPOSED DEVELOPMENT, LUMSDEN, LITHIA-PINECREST, HAVE FAILING RATINGS. BELL SHOALS IS A CONSTRAINED ROAD, SO TRAFFIC SHOULD BE LIMITED ON THAT. IF A NEW DRIVEWAY IS CUT ONTO BELL SHOALS FROM THIS PROPERTY, MANY DRIVERS WILL USE THIS EXIT RATHER THAN USING THE LUMSDEN EXIT, AND WHEN DOES A MINOR EXIT ONTO BELL SHOALS BECOME A MAJOR EXIT DOWN THE ROAD AS FAR AS TRAFFIC? A DRIVEWAY ONTO BELL SHOALS WILL SIGNIFICANTLY IMPACT SURROUNDING STREETS, HUMMINGBIRD, BAMA, ORANGEWALK, AND BROOKER WITH INCREASED TRAFFIC. CREATING AN EXIT FOR A LIVING FACILITY SHOULD NOT BE ALLOWED. LET ME REPEAT, THIS SECTION OF BELL SHOALS IS CONSTRAINED. IT'S ONE OF THE FEW CONSTRAINED ROADS IN THAT AREA. A DRIVEWAY ONTO BELL SHOALS IS NOT NEEDED UNLESS THERE IS GOING TO BE TRAFFIC GENERATED BY THIS FACILITY THAT WILL BE IMPACTING THE SURROUNDING NEIGHBORHOOD. WHEN GATEWAY VICTORY WAS GOING TO DEVELOP THIS PROPERTY IN 1989 WITH HIGHER COMMERCIAL USE, RONDA STORMS, THE COUNTY COMMISSIONER FOR DISTRICT 4 AT THAT TIME, RALLIED AGAINST IT BECAUSE OF TRAFFIC PROBLEMS. THIS IS TWO DECADES LATER, AND THE TRAFFIC PROBLEMS HAVE ONLY ESCALATED IN THIS AREA. I HAVE ANOTHER CONCERN. THE LAND USE HEARING OFFICER'S RECOMMENDATION FINDING OF FACTS POINT NUMBER 4 STATES, SINCE AN ASSISTED LIVING FACILITY GENERATES LESS TRIP ENDS THAN EITHER COMMERCIAL OR OFFICE USE, IF APPROVED, THIS MODIFICATION MAY -- MAY REDUCE TRIP ENDS TO AND FROM THE SITE. THE IMPACT OF THIS FACILITY ON THE SURROUNDING ROADS AND TRAFFIC SHOULD BE STUDIED IN-DEPTH AND SUPPORTED BY FACTS. THE TRANSPORTATION REPORT ASSOCIATED WITH THIS MODIFICATION APPLICATION DOES NOT REFLECT THE "D" RATINGS FOR LUMSDEN, LITHIA-PINECREST. IT IS A FACT THAT THIS AREA IS SEVERELY CONGESTED AND IT IS A PROBLEM AREA. PLEASE MAKE A DECISION ON FACTS, NOT ON HOPEFUL HYPOTHESES SUCH AS, MAY GENERATE LESS COMMERCIAL USES. TRAFFIC PROBLEMS SHOULD BE RESOLVED IN THIS AREA BEFORE ANY COMMERCIAL DEVELOPMENT IS ALLOWED TO PROCEED. I LIVE IN THE IMMEDIATE AREA AND HAVE CONCERNS ABOUT THE IMPACT OF THIS PROPOSED PROJECT. IF THE TRAFFIC IS ROUTED DOWN BELL SHOALS, IT WILL HAVE A PROFOUND EFFECT ON LOCAL HOMEOWNERS' QUALITY OF LIFE. PLEASE PRESERVE AND PROTECT OUR NEIGHBORHOOD. I WANT TO THANK YOU FOR CONSIDERATION OF MY REMARKS. >>KEN HAGAN: THANK YOU, MA'AM. GOOD MORNING. >> MY NAME IS GLADYS WILL. I'M AT 1006 HUMMINGBIRD LANE, BRANDON, FLORIDA. MY CONCERN IS THE TRAFFIC. THIS PROPERTY HAS BEEN REZONED AND MODIFIED AND -- SEVERAL TIMES. CVS BOUGHT A PORTION OF THE PROPERTY THAT WOULD HAVE INCLUDED SOME RIGHT-OF-WAY THAT THE COUNTY AT ONE TIME DEEMED NECESSARY. OTHER RIGHT-OF-WAYS ON LUMSDEN HASN'T OCCURRED, AND AS A MATTER OF FACT, IF YOU LOOK AT THE HEARING OFFICER'S REPORT, THE FIRST 11 PAGES IS STRIKING OUT ALL THAT RIGHT- OF-WAY INFORMATION BECAUSE IT DIDN'T MAKE SENSE AT THIS POINT IN TIME, AND SO THIS GRAPHIC SHOWS THE CVS STORE ON THE CORNER OF LUMSDEN AND BELL SHOALS, AND THEN YOU NOTICE THERE'S A LITTLE SQUARE THAT'S STILL THERE IN PART OF THE ORIGINAL DEVELOPMENT THAT THEY REQUESTED REZONING ON. WE DON'T KNOW WHAT THEY WANT TO PUT THERE, BUT LUMSDEN, BASED ON 2008 REPORT FROM THE HILLSBOROUGH COUNTY ROAD, WAS AN "E" ROAD. THE BELL SHOALS/LITHIA-PINECREST INTERSECTS RIGHT THERE, AND BOTH OF THOSE ARE FAILED ROADS. THEY'RE "F." YOU CAN'T GET ANY WORSE THAN THAT EXCEPT THEY APPEAR TO BE DOING THAT. WE HAVE TREMENDOUS AMOUNT OF TRAFFIC FROM OTHER DEVELOPMENTS, BLOOMINGDALE, FISHHAWK, THAT COME THAT WAY TO GET TO LUMSDEN TO GET ON THE EXPRESSWAY. WE HAVE FIVE -- FOUR SCHOOLS IN THE AREA. TWO ARE DIRECTLY ON BELL SHOALS. THE OTHER TWO ARE WITHIN A BLOCK OR HALF BLOCK FROM BELL SHOALS, AND I WROTE SEVERAL E-MAILS BECAUSE I KNEW THAT THEY WERE WORKING ON THAT AREA TO HAVE THEM LOOK AT THOSE ROAD SITUATIONS OUT THERE. I REALLY NEVER GOT A DIRECT ANSWER, ALTHOUGH I DID SEE SOMETHING IN THE NOTES THAT INDICATE THEY MIGHT HAVE RECOGNIZED THAT, BUT I'M REALLY CONCERNED ABOUT THE ROAD SITUATION. WE -- AND THE FACT THAT WE DON'T KNOW WHAT THE FUTURE'S GOING TO HOLD BECAUSE HE STILL HAS ABOUT FIVE ACRES THAT HE CAN DEVELOP INTO SOMETHING, AND IT DOESN'T SEEM TO BE ANY LIMIT TO THAT, WHAT THEY CAN DO. THANK YOU. >>KEN HAGAN: THANK YOU, MA'AM. AT THIS TIME THE APPLICANT HAS FIVE-MINUTE REBUTTAL. >> FIRST, I'D LIKE TO SAY THAT THE -- A PROJECT OF THIS TYPE, THERE -- CARS ARE PROHIBITED TO THE RESIDENCE. THE 130 RESIDENCE IN THE MAIN BUILDING WOULD HAVE NO CARS. ACTUALLY NONE OF THE RESIDENCE WOULD HAVE CARS AVAILABLE TO THEM. THE NUMBER OF PARKED SPACES ON THIS SITE IS REDUCED AS SHOWN TO APPROXIMATELY 72, I BELIEVE, CARS FROM WHAT WOULD BE ALLOWABLE AS A HUGE PARKING LOT WITH IN EXCESS OF 150,000 SQUARE FEET OF COMMERCIAL OFFICE SPACE, SO I THINK THE IMPACT OF THIS ON THE ROADS IS SIGNIFICANTLY LESS, AND AS I SAY, 130 BEDS WITH NO CARS ALLOWED IN THE FACILITY IS -- IS A SIGNIFICANT REDUCTION IN THE IMPACT ON TRAFFIC. THE STAFF AT PEAK IS -- IS ABOUT 18 PEOPLE, SO ASIDE FROM OCCASIONALLY VISITORS, WHICH UNFORTUNATELY DON'T OCCUR AS OFTEN AS WE OFTEN THINK THEY WILL, THIS IS A VERY LOW IMPACT ON TRAFFIC. THE STAFF RECOGNIZED THIS? DISCUSSIONS, AND I WANT TO SAY ALSO A PROJECT OF THIS TYPE THAT'S PREPARED TO GO AHEAD WOULD CONTRIBUTE SIGNIFICANTLY WITH IMPACT FEES THAT ARE SIGNIFICANT ON THIS PROJECT TO HELP CORRECT THE PROBLEMS ON THE INFRASTRUCTURE SURROUNDING THE SITE. ADDITIONALLY, I JUST WANT TO ADDRESS THE FOUR-ACRE SITE THAT THE LADY POINTED OUT IS NOT A PART OF THIS PROJECT AND HAS NOT BEEN A PART OF THE APPROVAL PROCESS AT ANY TIME ON THIS PROJECT. SO I THINK YOU SHOULD -- I APPRECIATE YOUR CONSIDERATION. >>KEN HAGAN: THANK YOU, SIR. PLANNING COMMISSION. >>MELISSA ZORNITTA: THANK YOU. THE SITE OF THIS MAJOR MODIFICATION IS LOCATED IN THE RESIDENTIAL-4 LAND USE CATEGORY. IT'S ALSO WITHIN THE URBAN SERVICE AREA. AS IT IS CURRENTLY APPROVED FOR COMMERCIAL AND OFFICE USES, STAFF FOUND THAT THE PROPOSED ASSISTED LIVING FACILITY WOULD BE A COMPLEMENTARY USE TO -- TO MODIFY TO IN THIS CASE. IT WOULD BE -- PROVIDE A TRANSITION BETWEEN THE COMMERCIALIZED INTERSECTION AT LUMSDEN AND BELL SHOALS AND THE REPRESENTATION DEVELOPMENT IN THE SURROUNDING AREA. THE SITE DESIGN AND ARCHITECTURAL STYLE OF THE PROPOSED ASSISTED LIVING FACILITY WOULD BE COMPATIBLE WITH THE SURROUNDING AREA AS WELL. BASED ON THIS, PLANNING COMMISSION STAFF FOUND THE PROPOSED MAJOR MODIFICATION CONSISTENT WITH THE COMPREHENSIVE PLAN. THANK YOU. >>KEN HAGAN: HEARING MASTER. >>ADAM GORMLY: THE HEARING MASTER FOUND THAT THIS MAJOR MODIFICATION WOULD ADD 160-BED ASSISTED LIVING FACILITY TO AN EXISTING PLANNED DEVELOPMENT THAT CURRENTLY HAS COMMERCIAL OR OFFICE USES ENTITLED TO IT. THE AMENDED PLAN ILLUSTRATES A CAMPUS STYLE ASSEMBLAGE OF ONE- AND TWO-STORY BUILDINGS, AND THE APPLICANT HAS SUBMITTED AN ARCHITECTURAL STYLE OF THE BUILDINGS THAT WOULD BLEND THE APPEARANCE WITH THE RESIDENTIAL DEVELOPMENT TO THE EAST AND SERVE AS A BUFFER BETWEEN THE MORE INTENSIVE COMMERCIAL USES AT THE ADJACENT INTERSECTION AND THOSE ADJACENT RESIDENTIAL USES. FURTHER FOUND THAT SINCE AN ASSISTED LIVING FACILITY GENERATES LESS TRIP ENDS THAN OTHER COMMERCIAL OR OFFICE USES, IF APPROVED, THIS MODIFICATION MAY REDUCE TRIP ENDS TO OR FROM THE SITE AND ALSO RECOGNIZED THAT IN ORDER TO ENSURE THAT ROADWAYS CONTINUE TO OPERATE AT AN ACCEPTABLE LEVEL OF SERVICE, THE APPLICANT WOULD BE REQUIRED TO COMPLY WITH THE ADEQUATE PUBLIC FACILITIES ORDINANCE, WHICH IS THE CONCURRENCY REGULATIONS, TO REQUIRE IMPROVEMENTS BE MADE BY THE DEVELOPMENTS RELATIVE TO THEIR IMPACT ON ROADWAYS. WITH THAT, HE FOUND THE PETITION TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN AND RECOMMENDED APPROVAL. >>KEN HAGAN: COMMISSIONER SHARPE. >>MARK SHARPE: I APPRECIATE THE DISCUSSION THAT WAS PRESENTED BY THE -- BY THE INDIVIDUALS SPEAKING IN OPPOSITION, BUT I AGREE WITH THE CASE MADE BY THE APPLICANTS, BOTH THE PLANNING COMMISSION AND THE LAND USE HEARING OFFICER, PARTICULARLY THE SUMMARY WHICH SAYS THAT TRAFFIC IMPACTS FROM THIS FACILITY, WHICH I BELIEVE TO BE NEEDED, CAN BE EXPECTED TO BE LESS INTENSIVE THAN THE EXISTING USED USES, AND MOVE FOR APPROVAL. >>JIM NORMAN: SECOND. >>KEN HAGAN: OKAY. WE'VE GOT A MOTION BY COMMISSIONER SHARPE, SECOND BY COMMISSIONER NORMAN. COMMISSIONER HIGGINBOTHAM. >>AL HIGGINBOTHAM: THANK YOU. I'M GOING TO HAVE TO ABSTAIN TO AVOID AN APPEARANCE OF CONFLICT OF INTEREST. >>KEN HAGAN: OKAY. IF THERE ARE NO FURTHER COMMENTS, PLEASE RECORD YOUR VOTE. >>RECORDING SECRETARY: MOTION CARRIED 6-0. COMMISSIONER HIGGINBOTHAM ABSTAINED. >>KEN HAGAN: OKAY. MS. HARVEY, ANY OTHER ITEMS THIS MORNING? >>PAULA HARVEY: NO, SIR. >>KEN HAGAN: OKAY. WE'RE -- THIS CONCLUDES THE MORNING AGENDA, AND WE'LL RETURN AT 1:30. THANK YOU. 1