Aug 16, 2022 Board of County Commissioners

[A.  CALL TO ORDER]

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GOOD MORNING. LIKE TO CALL OUR REGULAR MEETING AUGUST 16TH 2000 TO ORDER THE TIME IS NINE. A.M.

COMPLEX COMMISSIONER MORE YES, MA'AM. YES, MA'AM. YES, MA'AM. MR. HAMM CAROL? YES MA'AM INDICATION WE LED BY PASTOR LAMAR FORWARD BY YOU. GEORGE CALVARY TEMPLE, FOLLOWED BY THE PLEDGE OF ALLEGIANCE LED BY RITA CHEATING WITH SHE IS AN ARMY VETERAN. IF YOU ALL PLEASE STAN.

LORD, YOUR WORD DECLARES THAT YOU ORDAIN GOVERNMENTS HERE. AND WE JUST ASK FOR YOUR WISDOM, YOUR BLESSINGS ON OUR COMMISSIONERS, AS THEY TALK ABOUT AND DELIBERATE WOULD. THE GOOD FOR OUR COUNTY IS I ASK YOU TO BLESS THEM PROSPER THEM GOD IN THEIR DECISIONS THAT THEY MAKE ON BEHALF OF THE COUNTY. AND WE JUST PRAY ALL OF THIS IN CHRIST'S NAME. AMEN. PLEASE JOIN ME. I PLEDGE ALLEGIANCE TO THE FLAG. THE UNITED STATES OF AMERICA. PUBLIC STANCE NATION UNDER GOD. VISIBLE WITH LIBERTY AND JUSTICE DRAW. ALL RIGHT. THANK YOU. DO I HAVE ANY

[F.  ADDITION OF EMERGENCY ITEMS/DELETIONS]

[H.  PUBLIC PARTICIPATION (LIMITED ONLY TO ITEMS ON THE AGENDA)]

[I.  APPROVAL OF CONSENT AGENDA]

THE BOARD AUTHORIZED THE CHAIRMAN OF SCIENCE CERTIFICATE OF PARTICIPATION FOR THE ADMINISTRATION OF THE EDWIN BERT EDWARD EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT COUNTY WIDE PROGRAM FUNDS. UNDER PUBLIC WORKS ITEM. FOUR RATIFY HURRICANE SALLY H MGP AGREEMENTS AND ACCEPTANCE STAFF'S RECOMMENDATION OF THE BOARD RATIFIED THE FIRST OF THREE HURRICANE SALLY H. MGP AGREEMENTS FROM FEMA AND THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT, WHICH AUTHORIZES THE CHAIRMAN TO SIGN THE AGREEMENTS. THE RESOLUTION, ALL SUBSEQUENT CONTRACTUAL AGREEMENTS ASSOCIATED WITH ER DASH 456 FAR FIVE H MGP GRANTS AND ANY MODIFICATIONS AS APPROVED BY THE COUNTY ATTORNEY ITEM. FIVE MODIFICATION TO ACCEPTANCE OF SECOND ROUND OF H MGP AGREEMENT STAFF'S RECOMMENDATIONS, THE BOARD APPROVED THE MODIFICATION INCREASE TO THE MGP AGREEMENT FOR WILLIAMS BY YOU PUMP STATION IN THE AMOUNT OF $1,363,693 AND AUTHORIZED THE CHAIRMAN ASSIGNED THE MODIFICATION. MR CHAIRMAN, THAT IS YOUR CONSENT AGENDA THIS MORNING, IT'S STAFF RESPECTFULLY REQUESTS A MOTION FOR APPROVAL. MOTION TO APPROVE SECOND EMOTIONAL MULTIPLE SECONDS. CAN I GET REAL CALM? PLEASE COMMISSIONER DOES YES, MA'AM.

MR. GRIFFITH COMMISSIONER MORE YES, MA'AM. MR HAMM? YES, MA'AM? YES, MA'AM. MOVING ON THE

[2.  Andrews Place Apartments I & II Transfer of Ownership to RFM-ESG Andrews Place LLC]

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[6.  Southport Sports Complex and Courthouse Addition Debt Service]

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[L.  PUBLIC PARTICIPATION (LIMITED TO ITEMS WHICH THE COMMISSION HAS AUTHORITY)]

WHENEVER YOU ACCUSE ME OF SOMETHING I DIDN'T DO AND I COULD MORE THAN PROVE IT. THAT'S WHAT TRUST ME IN THIS CRIMINAL ORGANIZATION TO BEGIN WITH. AND NOW WE GOT WE GOT, UM FREAKING GRIFFIN UP THERE. YOU KNOW, HE'S GOING TO BE A REPRESENTATIVE, YOU KNOW, I'VE DONE SOMETHING WITH BETTER THIS WHOLE NATION. IT'S THE WAY MY LORD MAKE ME STOLE MY IDENTITY AND 2010 BP OIL SPILL. YOU KNOW THE STORY BECAUSE YOU CAN'T READ I CAN'T RIDE. AND THEN HERE I AM. 13 YEARS INTO IT, AND I'VE WATCHED YOUR FEET PEOPLE, THE ELDERLY, THE OLD SNATCHING HIM OF EVERYTHING. THEY WORK FOR THEIR ENTIRE LIFE, LEAVING THE GRANDKIDS STANDING THERE WONDERING WHAT JUST HAPPENED. YOU KNOW, AND HOW DO YOU DO IT? YOU GROOM THE PEOPLE TO THINK IT'S NORMAL. YOU TAKE THE CONSTITUTION AND BILL OF RIGHTS OUT OF EVERYTHING. AND THEN YOU'VE GOT THAT MEDIA BACK THERE NO LONGER EVEN REPRESENTS THE PEOPLE WHATSOEVER. THEY HAVE NO COMPREHENSION. THEY DON'T LISTEN TO NOTHING. AND YOU GOT THE LADY THAT SITS THERE AND THEY'RE MEDICATED TO THE POINT. THEY DON'T DO NOTHING BUT WHAT? JUST SAY. YOU KNOW, AND THEN YOU GOT THE NEWS MEDIA. THE NEWS MEDIA COVERAGE YOU EVERY WAY, SHAPE FORM AND FASHION. AND HERE I AM . YOU KNOW, I'M A UNITED STATES MERCHANT MARINE. I SWORE TO UPHOLD THE CONSTITUTION AND BILL OF RIGHTS AND WHEN IT GETS TO THE EVIL THAT I'VE BEEN FACING, I LET MY RECORDS STAND WHAT Y'ALL BEEN DOING TO THE CHILDREN, YOU KNOW, AND YOU HAVE PARENTS BLIND OUT TO IT. I'VE BEEN TRYING TO GET CAPITAL FELONIES IN FRONT OF THE SHERIFF'S AND THEY TURNED A BLIND EYE TO IT EVERY TIME YOU KNOW, I'VE GOT HARD EVIDENCE THAT CAN'T BE TONIGHT. THEY TURN A BLIND EYE TO IT, YOU KNOW, AND YOU KNOW, WHERE IS WHERE IS THE EVIDENCE? I'VE BEEN TRYING TO GET IT. YOU KNOW, I'M BEGGING PEOPLE TO WRITE FROM ME. YOU HAVE BEEN LEANING ON THE WITNESSES HAVE BEEN DOING ALL THIS STUFF TOO. AND YOU'RE SUPPOSED TO REPRESENT. AND WHAT DID I DO? I SHOWED UP DURING THE BP OLD SKILL FOR AN EMERGENCY TRYING TO SAVE MY WAY OF LIFE.

AND YOU TOOK ADVANTAGE OF YOU DESTROYED EVERYTHING THAT I EVER WORKED FOR YOUR COMMENTS, MR BECK. IS THERE ANYONE ELSE IN THE AUDIENCE THAT WOULD LIKE TO COME BEFORE US ON ANY AUTHORITY WE MAY OR MAY NOT HAVE ALRIGHT. SEEING NOW WE'LL CLOSE THE PUBLIC PARTICIPATION. WE'LL GO

[7.  Appeal Hearing of Development Order 21-196 (McKenzie Offloading Facility)]

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THEREFORE, IT WAS APPEALED. SO THAT'S WHAT WE'RE HERE FOR TODAY IS TO LISTEN TO APPEAL TO SEE IF OUR STAFF MADE AN ERROR OR IF IT WAS ISSUED INCORRECTLY AND DID NOT MEET THE LAND DEVELOPMENT CODE. SO THAT'S WHAT WE'RE HERE TO HERE TODAY. WITH THAT I WILL TURN IT OVER TO THE COUNTY ATTORNEY, MR LIEBERT. I FEEL FREE TO CORRECT ME. IF ANYTHING, I'VE SAID WRONG, MR LABOR. GOOD MORNING, MR CHAIRMAN, COMMISSIONERS, DEPUTY COUNTY ATTORNEY. YOU'RE STILL ALONE. MY THUNDER AND I HAVE NO CORRECTIONS. UM THE. JUST BACKING UP A STEP. SO THERE'S SEVERAL STEPS IN THE PROCESS OF REGULATING THE DEVELOPMENT OF REAL PROPERTY. AND SOME OF THOSE DECISIONS ARE DECISIONS WHERE YOU CAN APPLY YOUR OWN SENSE OF WHAT'S RIGHT AND WRONG. YOUR OWN JUDGMENT ABOUT WHAT YOU THINK THE FUTURE OF THE COUNTY SHOULD BE. UM, AND THEN THERE'S SOME DECISIONS WHERE THE ONLY THING THAT THE GOVERNMENT IS BEING ASKED TO DO IS JUST CHECK THE BOXES. MAKE SURE THAT EVERYTHING IS BEING DONE RIGHT. SO THE FIRST STEP IS A COMPREHENSIVE PLAN STEP AND AS THAT NAME SUGGESTS, THAT'S THE PROCESS WHERE THE COUNTY COMMISSION SITS DOWN AND DECIDES WHAT WHAT WE WANT THE FUTURE OF THE COUNTY TO LOOK LIKE IN TERMS OF DEVELOPMENT. AND SO YOU ADOPT POLICIES FOR WHAT? UH, YOU WANT THE FUTURE? UH, OF THE COUNTY TO LOOK LIKE WHERE YOU WANT DEVELOPMENT TO HAPPEN WHERE YOU DON'T WANT DEVELOPMENT TO HAPPEN WHERE YOU WANT DIFFERENT TYPES OF USES TO HAPPEN. AND AS PART OF THAT, YOU CREATE A FUTURE LAND USE MAP. WHERE YOU COLOR CODE, THE COUNTY. UM INTO DIFFERENT TYPES OF USES. UM THAT IS A POLICY DECISION. UH THE FIVE OF YOU ARE ELECTED TO LOOK OUT FOR THE COUNTY AS A WHOLE SO YOU CAN APPLY. ANY FACTOR THAT YOU THINK IS APPROPRIATE WITHIN THE CONFINES OF THE LAW TO DEVELOP THOSE POLICIES AND DECIDE WHERE YOU THINK. BLAME SHOULD BE DEVELOPED. WHAT TYPE OF DEVELOPMENT SHOULD HAPPEN. AND SO THAT THAT HAS HAPPENED IN THIS CASE, THE POLICIES ARE DEVELOPED. THIS PROPERTY HAS A FUTURE LAND USE MATH CATEGORY OF INDUSTRIAL AND AS YOU'LL YOU'LL HEAR SOME DISCUSSIONS ABOUT SOME OF THE OTHER POLICIES THAT ARE IN THAT COMPLAINT THAT MIGHT BE RELEVANT TO THIS DISCUSSION. THE NEXT STEP IS THAT YOU DEVELOP A LAND DEVELOPMENT CODE. THE LAND DEVELOPMENT CODE IS A APPLICATION OF THOSE POLICIES THAT ARE IN THE COMP PLAN. UM IT DETAILS. UM, AS RELEVANT TO THIS CASE, IT DETAILS. UM WHAT IS REQUIRED TO ISSUE A DEVELOPMENT ORDER. SO THERE'S A KIND OF YOU KNOW, YOU HAVE TO SUBMIT THIS DOCUMENT AND THIS DOCUMENT THIS DOCUMENT AND IF CERTAIN FACTORS EXIST. YOU HAVE TO SUBMIT THIS THING AND THAT THING AND THEN IT TELL STAFF WHAT STANDARDS THEY WANT WE WANT. THE COMMISSION WANTS THEM TO APPLY AN ISSUE IN THE DEVELOPMENT OF UM, THAT DECISION. IS CHECK THE BOX. AND THAT'S WHY THIS TYPE OF HEARING IS CALLED A QUASI JUDICIAL HEARING. BECAUSE AT THIS POINT YOU'RE NO LONGER USING YOUR POLICY SENSE. ABOUT WHAT SHOULD HAPPEN. YOU'RE ACTING LIKE A JUDGE OR TAKING THE INFORMATION THAT'S PROVIDED AND YOU'RE DETERMINING WHETHER THEY METAL THE REQUIREMENTS FOR THE ISSUANCE OF DEVELOPMENT. UH UM. THE UH YOU KNOW, IN A MINUTE, THE APPELLANT ON THE APPLE LEAVE WILL HAVE AN OPPORTUNITY TO PRESENT THEIR CASE. THE BURDEN IN THIS CASE IS ON THE APPELLANT . THE PARTY WHO IS CHALLENGING THE DEVELOPMENT ORDER TO PROVE TO YOU BY COMPETENT, SUBSTANTIAL EVIDENCE THAT THAT THE DEVELOPMENT ORDER WAS ISSUED IN PROPERLY. AND THAT'S WHY THEY HAVE THE OPPORTUNITY TO GO FIRST BECAUSE THEY HAVE THE BURDEN OF PROOF. AT THE INTO THIS PROCESS AFTER YOU HEAR FROM THE APPELLANT FROM THE APPLICANT AND FROM MEMBERS OF THE PUBLIC. UM YOU'LL HAVE AN OPPORTUNITY TO DISCUSS THE CASE. YOU HAVE THREE OPTIONS. AT THAT POINT, YOU CAN UPHOLD THE DEVELOPMENT ORDER. AS ISSUED BY STAFF, YOU CAN REJECT THE DEVELOPMENT ORDER. OR YOU CAN APPROVE IT WITH REASONABLE CONDITIONS. IT'S THE LANGUAGE IN OUR AND AH, BECAUSE THIS IS A QUASI JUDICIAL HEARING, JUST LIKE A JUDGE WOULD KIND OF EXPLAIN WHY THERE WHY THAT JUDGES MAKING THE DECISION MAKING UM, IN IN THE COURSE OF YOUR DISCUSSION INTERNALLY,

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THAT ALLOWS YOU TO REACH THAT DECISION. UH UM, THERE THERE IS A RECORD THAT YOU'VE HAD ACCESS TO. UM THE RECORD CONSISTS OF THE OF THE NOTICE OF APPEAL AND ALL THE EXHIBITS TO THAT. THE PLANNING BOARD THE PLANNING STAFF FILE WHICH YOU'VE BEEN PROVIDED A SHERIFF. I'LL LINK TO LOOK AT UM, AND ANY OTHER DOCUMENT THAT'S PRESENTED TODAY AS PART OF THIS HEARING. AND SO ALL OF THAT IS AVAILABLE TO ASSIST YOU WITH MAKING THE DECISION. WE'VE PROVIDED YOU WITH A WITH A MEMO THAT KIND OF SUMMARIZES WHAT WE WHAT OUR UNDERSTANDING OF THE LAW IS.

THAT IS NOT PART OF THE EVIDENCE. IT'S JUST FOR YOUR TO HELP YOU, UM AND, UM I THINK THAT'S. ALL I HAVE AT THIS POINT IF ANYBODY HAS ANY QUESTIONS FOR ME ANY QUESTIONS? CAN WE TRAIN.

YOU HAVE OPPORTUNITIES TO ASK HIM QUESTIONS LATER, IF YOU HAVE THAT MIGHT BE EPISODE. ALL RIGHT. YEAH, WE WANT DO YOU MIND TAKING. FLIGHT BREAK SO WE CAN KIND OF ORGANIZED TO THE BOARD AND BRIEF ARRANGING, FEEDING AND FIVE MINUTES OR SO GREAT. WE'LL TAKE ABOUT FIVE MINUTES. THEY'RE GONNA GET ALL THE EVIDENCE SET UP SO WHEN YOU USE THE. BOTH PA, OKAY. ALRIGHT YEAH. AS THE CHAIRMAN SAID EARLIER THAT THIS IS THE NEXT IS QUITE SAD JUDICIAL HEARING AND THOSE THAT WISHING TO SPEAK AND OFFER TESTIMONY WOULD NEED TO BE SWORN IN. SO WE ASK THAT YOU STAND THE ROADS THAT WANT TO WANT TO SPEAK AND TESTIFY. TO STAND AND RAISE THEIR HAND AND BE SWORN IN. AND THEN WE ASKED YOU THAT WOULD YOU COME UP TO THE PODIUM TO GIVE YOUR NAME AND ADDRESS TO MENTION THAT YOU'VE BEEN SWORN IN OR IF YOU HAVEN'T BEEN SWORN IN BECAUSE THEN LATER DO YOU SWEAR OR AFFIRM THAT THE EVIDENCE YOU'RE ABOUT TO GIVE WILL BE THE TRUTH, THE WHOLE TRUTH. BUT TRUTH REGARDING THANK YOU. AND THE EXPORT A DISCLOSURES AT THIS TIME, SPOKEN TO STAFF AND THAT'S THAT'S IT HAPPENS TO EVERYONE ELSE. FAMILIAR WITH THE PROPERTY. THE PROPERTIES SPOKEN WITH STAFF HAD SEVERAL EMAILS EXCHANGED WITH ABOUT CONCERNED CITIZENS. BRIEFLY SPOKE WITH APPLICANT JUST DISCUSSING THE PROJECT WHAT THEY'RE PROPOSING TO DO. SPOKEN TO STAFF. I'VE SEEN THE PROPERTY FAMILIAR WITH THE PROPERTY. I'VE SPOKEN TO NUMEROUS PEOPLE IN THE IN AN AREA ABOUT THE PROJECT. FAMILIAR WITH THE PROPERTY SPOKEN WITH STAFF SPOKEN WITH THE APPLICANT , UM, SPOKEN WITH A LOT OF CITIZENS BEEN SPOKEN AT BEN CUSSED AT AND COVERED A COUPLE OF OTHER THINGS AS WELL. EVERY QUESTION. YOU DON'T HAVE ANY WATER. I DO IF I MAY INQUIRE.

GOOD MORNING COMMISSIONERS. MY NAME IS MEREDITH BUSH. I'M HERE ON BEHALF OF THE APPELLANT'S, UM , JUST A FEW QUESTIONS RELATED TO EXPORT. TAKE COMMUNICATION. I'M INTERESTED TO KNOW IF ANY COMMISSIONER HAS MET WITH HOLLINGSHEAD OR THEIR COUNSEL ON THE PROPERTY SENSE. UH, THE APPEAL WAS FILED. WHETHER OR NOT ANY COMMISSIONER HAS EXPRESSED AN OPINION THAT THE APPLICANT HAS A RIGHT TO THE EXPANDED OPERATION IN NEW USE. AND WHETHER ANY COMMISSIONER HAS ADVISED ANY CITIZEN THAT THE BIRD HEAR US ACT WILL REQUIRE APPROVAL OF THE D O. THOSE ARE MY THREE QUESTIONS. THE FIRST ONE I EVER MET WITH ANY OF THE OWNERS. PROBABLY. NO, I HAVE NOT. WHAT WAS YOUR QUESTION WAS WHETHER OR NOT YOU'VE EXPRESSED AN OPINION THAT THE APPLICANT HAS A RIGHT TO THE USE. AND THEN FINALLY, WHETHER OR NOT YOU'VE ADVISED THAT THE BIRD HEAR US ACT REQUIRES APPROVAL OF THE DEVELOPMENT ORDER. NO, IT'S ALL THROUGH THIS. THANK YOU. THANK YOU. UM, I HAVE EXPRESSED AN OPINION THAT IF ANY PROPERTIES ZONED TO CERTAIN PARTICULAR ZONING. THAT THE OWNER HAS THE RIGHT TO USE THAT ZONING. NO MATTER WHETHER IT'S SEASONAL RESORT, RESIDENTIAL, COMMERCIAL OR INDUSTRIAL. YES, BASICALLY BLANKET STATEMENT. DO YOU BELIEVE THAT STATEMENT INDICATES HOW YOUR BE VOTING TODAY. UH I DON'T KNOW HOW I'LL VOTE TODAY UNTIL I HEAR BOTH SIDES AND HERE ALL THE INFORMATION AND DO YOU BELIEVE YOU'RE ABLE TO FAIRLY

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AND TESTIMONY FROM A CERTIFIED LANDERS, PLANNER AND ENGINEER AND RESIDENTS IN THE COMMUNITY.

YOU'RE GOING TO HEAR THAT THE MACKENZIE OFFLOADING FACILITY HAS BEEN OPERATING WITHOUT THE APPROPRIATE COUNTY APPROVALS. THERE'S NO CERTIFICATE OF ACCEPTANCE. ON FILE. THE CURRENT OPERATIONS ARE IN VIOLATION OF THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PERMIT . UM THERE'S A WARNING LETTER ON THE PROPERTY SHOWING WHERE MATERIAL AND SEDIMENTS HAVE ERODED INTO THE WETLANDS, AND THE BEST MANAGEMENT PRACTICES ARE NOT IN PLACE AND THAT MATERIAL FROM THE SITE HAS BEEN DISCHARGED INTO THE BAYOU, AND THAT'S UNDER A 2020 DEVELOPMENT ORDER. WHICH. THE 2021 OR 21-1 96 DEVELOPMENT ORDER STEMS FROM AND IS AN EXPANSION OF THAT PRIOR. UNAPPROVED OR UNF I NALED DEVELOPMENT ORDER, DESPITE THE FACT THAT THERE'S AN UNPERMITTED OPERATION, WHICH IS NEGATIVELY POLLUTING THE ENVIRONMENT COUNTY HAS APPROVED AN UNLAWFUL EXPANSION OF THIS OPERATION. TO ALLOW A MUCH MORE INTENSE USE. THE PROPOSED USE WILL PROCESS OVER 200,000 OR UP TO 200,000 TONS OF CEMENT PER YEAR. UM I WOULD ASK THAT YOU PAID CLOSE ATTENTION TO THE TRAFFIC INFORMATION PROVIDED YOU'LL SEE SOME DOCUMENTS THAT CONTAIN AN I T E CODE AND USE CODE. THAT'S A TRIP GENERATION CODE USED FOR TRAFFIC ANALYSIS, AND YOU'LL SEE THAT THROUGHOUT THE DEVELOPMENT APPLICATION. THERE ARE DIFFERENT CODES USED. IN DIFFERENT WAYS TO CALCULATE THAT TRAFFIC. UM IN SOME PLACES IS A CODE 1 10, WHICH IS GENERAL LIGHT INDUSTRIAL AND OTHER PLACES. IT'S A CODE 1 20, WHICH THEY DESCRIBE AS GENERAL HEAVY INDUSTRIAL. THE CURRENT DIODE GIVES IT A CODE 1 80, WHICH IS A SPECIALTY TRADE CONTRACTOR. UM SO I HAD TO ASK YOU TO PAY ATTENTION TO THAT BECAUSE YOU'RE HERE THAT A COUNTY HAS A PROVISION, WHICH REQUIRES A TRAFFIC ANALYSIS. IF THERE ARE OVER 100 TRIPS GOING TO BE GENERATED, THERE IS A DOCUMENT WHICH STATES THAT THERE ARE CURRENTLY 19 TRIPS ESTIMATED UNDER THE 2020 D O. AND THERE'S A DOCUMENT WHICH STATES THAT THE NEW USE WILL GENERATE 80 TRIPS.

INCLUSIVE OF THE 19 THOSE TOGETHER, THAT'S 99. BUT YOU'LL SEE ON THE DOCUMENTS SUBMITTED THAT IN SOME PLACES. THE APPLICANT REPORTS THAT THERE WILL BE 60 TRIPS GENERATED NOT

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HOLLINGSHEAD MATERIALS RESPONDED TO THE STAFF. AND APPROPRIATELY ANSWERED THEIR QUESTIONS, AND THAT'S WHY THE DEVELOPMENT ORDER WAS ISSUED. AS YOUR ASSISTANT COUNTY ATTORNEY SAID THIS MORNING. THIS IS A LITTLE UNUSUAL SETTING FOR YOU. UH AND MY UNDERSTANDING IS YOU HAVEN'T HAD ONE OF THESE APPEALS AND SOMETIME UH, BUT UNLIKE WHEN YOU ARE CONSIDERING A ZONING CHANGE OR COMPREHENSIVE PLAN CHANGE. YOU'RE SITTING TODAY AS JUDGES. UM AND AS I SAID IN OUR MEETING LAST MONTH IT'S A LITTLE DIFFERENT ROLE FOR YOU. YOU'RE REALLY JUST LOOKING TO SEE IF THERE WAS SOMETHING AN ERROR DONE BY YOUR STAFF SUFFICIENT. TO SAY THIS DEVELOPMENT ORDER SHOULD NOT HAVE BEEN ISSUED. IT'S OUR POSITION. THE EVIDENCE IS OVERWHELMING THAT THE DEVELOPMENT ORDER WAS ISSUED APPROPRIATELY FOR A PROPERTY THAT HAS BEEN USED FOR TRANSPORTATION AND WAREHOUSING. SINCE THE 19 FIFTIES. THE SITE IS NOT NEW. IT IS NOT A NEW USE.

WHAT HAS BEEN PROPOSED BY HOLLINGSHEAD MATERIALS IS AN IMPROVEMENT OF THE SITE. THINGS THAT HAD BEEN STORED. ON THE GROUND THINGS THAT HAD BEEN DONE OVER THOSE LAST 70 YEARS. OR GOING TO BE IMPROVED SIGNIFICANTLY. AND THAT'S GOING TO BE A BENEFIT TO THE COMMUNITY. TODAY, YOU'LL BE HEARING FROM UH, SOME OF YOUR STAFF. UH BUT WAY THIS APPEAL PROCESS WORKS. I'LL BE ASKING QUESTIONS OF YOUR STAFF SO THAT YOU CAN HEAR FROM THEM. YOU'LL BE HEARING FROM ONE OF THE PREVIOUS OWNERS, MR SYKES. WHO'S BEEN INVOLVED WITH THIS PROPERTY SINCE THE 19 FIFTIES. YOU'LL ALSO BE HEARING FROM PINTO, WHO IS AN ENGINEERING COMPANY. MR

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THE THINGS THAT WE WANT TO DO TO IMPROVE THE PROPERTY WHILE THIS APPEAL SPENDING SO WE ARE VERY HOPEFUL THAT YOU WILL APPROVE DEVELOPMENT ORDER TODAY SO THAT WE CAN MOVE FORWARD AND IMPROVE THAT PROPERTY AND IMPROVED ACCOUNTING. THANK YOU. THANK YOU. YES, WE START. MY TURN. SO WHAT WE'RE GONNA DO? YOU'VE GOT TWO HOURS, BUT OUR TIME ARE ONLY GOES TO 90 MINUTES, SO WE'RE GOING TO DO 60 MINUTES THEN WE'LL RESET IT FOR ANOTHER 60 THAT WAY YOU GET YOUR FAIR AMOUNT OF TIME. UM JUST AS A POINT OF CLARIFICATION, SO WHEN THE APPLICANT IS CROSS EXAMINING ANY WITNESSES WILL NOT CLOCK CONTINUE TO RUN. YEAH OKAY. SAME THING WITH HER WHEN YOU'RE CROSSING. I ALSO HAVE A POWER POINT PRESENTATION TOLD US THAT THAT BEING BROUGHT UP NOW. MR BUSH. I THINK IT WOULD BE APPROPRIATE THIS TIME TO REQUEST ALL THE EXHIBITS TO BE INTRODUCED SO THAT THEY'RE IN THE RECORD WHILE THE WITNESSES ARE REVIEWING THEM, ABSOLUTELY READ MY MIND. SO I WOULD ASK THAT THE BINDER THAT I PRESENTED TO EACH OF YOU LABELED APPELLANTS EXHIBITS B, UH INTRODUCED AND ACCEPTED INTO EVIDENCE. THERE'S NO OBJECTION FROM MS MENCHU. LIKEWISE WHENEVER SHE COMES TO HER TURN, I HAVE NO OBJECTION TO HER NOTEBOOK BEING ADMITTED. SO WOULD THAT HAVING TAKEN PLACE FIRST I WANT TO WALK YOU THROUGH SOME OF THE DOCUMENTS BEFORE I CALL MY FIRST WITNESS JUST TO POINT OUT UM, THE INCONSISTENCIES THAT ARE REFERENCED IN MY INITIAL OPENING STATEMENT. KIND OF A ROAD MAP FOR TODAY, WE'RE GOING TO TALK ABOUT THE SUBJECT PROPERTY. WE'RE GOING TO TALK ABOUT THE EXISTING SITE CONDITIONS FOR DEVELOPMENT APPLICATION. COUNTY REVIEW PROCESS COMPATIBILITY ANALYSIS IN THE COUNTY CODE AND COMPREHENSIVE PLAN REGULATIONS. THIS IS A SCHEMATIC PROVIDED BY THE APPLICANT TO THE COUNTY OF WHAT THE STORAGE SILOS WILL LOOK LIKE IT'S FOUND. I BELIEVE IT.

BATES PAGE. 108 SO IN THE EXHIBIT BOOK THAT YOU HAVE IN THE TOP RIGHT CORNER. THERE ARE PAGE NUMBERS THAT I'LL BE REFERRING TO THE SUBJECT. PROPERTY IS LOCATED AT 15 04 MCKENZIE ROAD IN SOUTHPORT, FLORIDA. IT'S WITHIN THE SOUTHPORT NEIGHBORHOOD PLANNING AREA. THIS SPECIAL TREATMENT ZONES. MAP IS LOCATED IN YOUR BOOK AT BATES NUMBER 93. AS I REFERENCED IN MY OPENING, THERE WAS A DEVELOPMENT ORDER ISSUED IN 2020. D 0 20045 BATES NUMBER 95. FOR THE CONSTRUCTION OF AN AGGREGATE OFFLOADING FACILITY WITH THE 320 SQUARE FOOT OFFICE STORAGE STRUCTURE ON A 6.65 ACRE SITE. FOR THAT DEVELOPMENT ORDER THE 20. 045 D OH! YOU'LL NOTE THAT THE DAILY TRAFFIC ESTIMATE IS 19 TRICKS AND AN I T E LAND USE CODE OF 1 80 IS GIVEN THE R T LAND USE CODE IS IMPORTANT BECAUSE CONTRARY TO WHAT THE APPLICANT HAS PROPOSED, THE CODE IS DIFFERENT IN THE 2021 DEVELOPMENT ORDER INDICATING A DIFFERENT USE, NOT AN EXPANSION OF THE SAME USE. IT'S NOT AN EXPANSION OF A SPECIALTY TRADE CONTRACTOR. IT'S A DIFFERENT USE ENTIRELY, AND YOU'LL SEE THAT A SPECIALTY TRADE CONTRACTOR IS AS DEFINED IN THE POWERPOINT

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YOU'LL ALSO SEE. BATES. PAGE 100 THAT THAT PRIOR DEVELOPMENT ORDER 2045 EXPLICITLY STATES THAT THE PERMANENT EXPIRES AS OF MAY, 14TH AND 2021 IF NOT BUILT OUT AN ISSUED A CERTIFICATE OF ACCEPTANCE. YOU'LL SEE AT BATES PAGE 1 23 DOCUMENTATION FROM THE COUNTY INDICATING THAT NO CERTIFICATE IN ACCEPTANCE HAS BEEN ISSUED. AND THAT THE PREVIOUSLY APPROVED PROJECT HAS BEEN OPERATING WITHOUT THE PROJECT BEING COMPLETED WITH THE C A. BATES PAGE 1 22. IS A PHOTOGRAPH OF EXISTING SITE CONDITIONS. THAT'S WHAT'S GOING ON AT THE PROPERTY. RIGHT NOW.

IMPORTANTLY, BASED TO 91. IS A FULL WARNING LETTER FROM FDP ISSUED ON JULY 6TH 2022 FTP HAS FOUND THAT MATERIAL AND SEDIMENT FROM THE SIDE ACTIVITY HAS ERODED INTO THE WETLANDS.

APPROPRIATE BEST MANAGEMENT PRACTICE MEASURES ARE NOT IN PLACE OR WERE NOT IN PLACE AT THE TIME OF THE INSPECTION, WHICH OCCURRED ON MAY 19TH. MATERIAL FROM THE SITE HAS DISCHARGED INTO THE BAYOU. IN THAT WARNING LETTER. IF YOU LOOK AT BATES PAGES 302 THROUGH THREE OR FOUR THERE ARE A NUMBER OF PHOTOGRAPHS. WHICH INDICATES. AND SHOW WHERE THE MATERIAL FROM THE SITE IS ERODING INTO THE PROTECTED WETLANDS. AND AGAIN, THIS IS BEFORE AN EXPANSION OCCURS. THIS IS WHAT'S GOING ON OUT THERE RIGHT NOW. NEXT I'LL DRAW YOUR ATTENTION TO BAIT 13, WHICH IS THE CURRENT DEVELOPMENT ORDER, YOU'LL SEE HERE A DIFFERENCE BETWEEN THE DESCRIPTION OR TYPE OF AUTHORIZED DEVELOPMENT IN THAT WHICH WAS PROVIDED IN THE 2020 DEVELOPMENT ORDER. HERE IT'S A DIFFERENT USE. IT'S NOT SIMPLY AN EXPANSION OF THE USE, AS DESCRIBED BY THE APPLICANT NOW THE PROMOTING A CONSTRUCTION OF A BARGE OF OFFLOADING FACILITY AND CEMENT AGGREGATE TERMINAL WITH ASSOCIATED INFRASTRUCTURE, INCLUDING A 640 SQUARE FOOT OFFICE STRUCTURES AND TWICE THE SIZE OF THE PRIOR STRUCTURE. AND MULTIPLE SILOS WITH HEIGHTS OF OVER 166 FT ON A SEVEN ACRE SITES. IMPORTED AGAIN TO THIS DEVELOPMENT ORDER. I WOULD DIRECT YOU TO BATES PAGE 14 IN WHICH THE I T CODE 1 10 IS USED RECALL IN 2020 DEVELOPMENT ORDER . IT'S A CODE 1 80 AGAIN INDICATING THAT THIS IS A DIFFERENT USE. STRANGELY BATES 18. ON THIS PORTION OF THE APPLICATION. THE APPLICANT USES A CODE 1 20, A DAILY TRAFFIC ESTIMATE OF 33 TRIPS. HOWEVER IN OTHER DOCUMENTATION. THE APPLICANT NOTES THAT THERE WILL BE UP TO 80 TRUCKS PER DAY. AND THAT THE SITE DEVELOPMENT PLAN INCLUDES THE CONTINUED OPERATION OF THE AGGREGATE TRANSPORTATION THAT'S ON SITE IN ADDITION TO THE NEW USE. HAD BATES PAGE 1 11. AGAIN. YOU SEE THE I T E CODE OF 1 10. HOWEVER THIS TIME THEY'RE NOTING 60 DAILY TRIPS DIFFERENT FROM THE 33 DIFFERENT FROM THE 80 AND DIFFERENT FROM THE 19. IN OTHER DOCUMENTATION AT BATES TO 31. YOU'LL SEE THAT , UM, THE APPLICANT RESPONDED TO QUESTIONS REGARDING THE TRUCKING INTENSITY AND DESCRIBED IT AS AN AVERAGE OF 2 TO 3 TRUCKS PER HOUR. UM YOU'LL HEAR TESTIMONY THAT. THE SITE IS NOT SUPPOSED TO BE OPERATING AFTER DARK. SO IF IT'S A 24 HOUR PERIOD, THREE TRUCKS AND OUR. IN THAT VERY WELL MAY BE, UM A DIFFERENT NUMBER DIFFERENT CALCULATION THAN THE AGAIN THE 33 OR THE 60 OR 80, OR SOME COMBINATION THEREOF. YET NO TRAFFIC ANALYSIS WAS REQUIRED. BATES 1 13. YOU'LL SEE. THIS IS TAKEN DIRECTLY FROM THE APPLICATION. WHERE THE

[00:45:10]

THERE IS ACCURATE MATERIAL AND ACTIVITY OCCURRING ON SITE. YOU'LL ALSO SEE WHERE THE APPLICANT HAS STATED THAT NO WETLAND IMPACTS ARE PROPOSED. HOWEVER AS YOU JUST SAW IN THE D P LETTER. THERE ARE ONGOING CURRENT WETLAND IMPACTS AND THE APPLICANT THEMSELVES STATE THAT THE. STORMWATER MANAGEMENT FACILITY WILL ACTUALLY DISCHARGED TO THE SOUTHWEST OF THE PROPERTY INTO THE ADJACENT WETLANDS AND NORTH BAY. AGAIN. FURTHER REASON FOR COUNTY STAFF TO HAVE REQUIRED THE ENVIRONMENTAL ANALYSIS OR ENVIRONMENTAL IMPACTS ASSESSMENT. AND YOU'RE GOING TO HEAR TESTIMONY RELATED TO THE PUBLIC BOAT RAMP. THIS IS A COMMENT PROVIDED BACK IN RESPONSE TO COUNTY STAFF, SIMPLY NOTING THAT THE PUBLIC BOAT RAMP WOULD NOT BE USED TO ENHANCE COMMERCIAL ACTIVITY. HOWEVER IN AND THAT'S AT BATES TO 12 AND, UM. BAITS TO 32, YOU'LL SEE A DOCUMENT IN WHICH THE ADVOCATE ADMITS THAT THE BARGES WHEN THEY COME TO OFFLOAD ACTUALLY PROTRUDE OUT FROM THE SEA WALL IN FRONT OF THE BOAT RAMP. UM, AND THIS IS ALL IMPORTANT FOR YOU JUST TO KEEP IN MIND THAT WHEN YOU HEAR FROM THE WITNESSES , WHEN YOU HEAR THE TESTIMONY, IT'S NOT JUST THEM, SAYING THAT THESE ARE ACTUALLY FACTS ESTABLISHED BY THE RECORD ITSELF AND BY THE BAY COUNTY REVIEW IN BAY COUNTY DOCUMENTS. SO AT THIS TIME, I WOULD LIKE TO CALL MY FIRST WITNESS, MR. SLOAN, NINA. JIM SLOW, NINA. UM 1600 MARINA BAY DRIVE. WHEN HAVEN. THANK YOU, MR SLOW, NINA. CAN YOU BRIEFLY TELL THE BOARD ABOUT YOUR EDUCATION? I, UM RECEIVED A S DEGREE FROM GULF COAST. CIRCA 76. MY BSC FROM FLORIDA. 79. MY FIRST PE IN 84. MOVED HERE. 88 WORKERS, THE VICE PRESIDENT BASKETBALL DONOVAN IN 91. I FORMED PANHANDLE ENGINEERING. AND FOR 25 YEARS, I WAS THE SOLE STOCKHOLDER. AND PRESIDENT. FOR THE LAST EIGHT YEARS. I'VE RETAINED THE POSITION OF PRESIDENT AND HAVE SOLD PORTION OF MY STOP TO MY BUSINESS PARTNER. SO CAN HANDLE ENGINEERING HAS BEEN IN BUSINESS FOR 31 YEARS. AND HAVE YOU PREVIOUSLY BEEN QUALIFIED TO TESTIFY AND AN EXPERT IN THE AREA OF LAND USE OR ENGINEERING? SEVERAL TIMES. AND CAN YOU ESTIMATE? UM A NUMBER OF TIMES OR DESCRIBE IN WHAT VENUES. I THINK ONCE MAYBE IN THE COUNTY TWO OR THREE TIMES IN CIRCUIT AND ONCE IN US FEDERAL OVER IN GALVESTON'S DISTRICT. AND TELL ME ABOUT YOUR WHERE YOU LIVE IN RELATION TO THIS PROPOSED PROJECT. I LIVE AT THE MARINA BAY CONDOMINIUM, WHICH IS ON THE NORTH SIDE OF BAILEY BRIDGE. ABOUT 2000 FT. MAYBE 1,502,000 FT, AWAY FROM THE AGGREGATE OFFLOADING FACILITY THAT'S OCCURRING. UH, AT THIS TIME, I WOULD LIKE TO TENDER MR SLOW NINA AS AN EXPERT IN THE AREA OF ENGINEERING AND ALSO, UM, WILL BE ELICITING LAY WITNESS TESTIMONY FROM HIM RELATED TO HIS PROXIMITY TO THE SITE. WE WOULD OBJECT AND I ASKED TO INQUIRE AT THE SAME TIME. MR BANKS, I'D LIKE TO INQUIRE. THE QUALIFICATIONS OF MR SLOAN, NINA. CAN YOU GO AHEAD? EUROPEAN WHAT YOU SAID. I SAID, I AM OBJECTING TO HIM QUALIFIED

[00:50:06]

WHICH IS YOUR COMPANY? YOU JUST DON'T KNOW. I AM A STOCKHOLDER. IN THAT COMPANY. I WORK FOR PANHANDLE ENGINEERING. I AM NOT THE ENGINEER FOR THIS PROJECT. WELL YOU ACCEPTED THE FEES FROM MY CLIENT. IN ORDER TO PREPARE THOSE DOCUMENTS. MY WIFE NEEDS THE MONEY. SO NOW YOU'RE GOING TO TESTIFY AS AN EXPERT, BUT THOSE SAME DOCUMENTS THAT YOUR FIRM PREPARED ARE WRONG. I DO NOT KNOW WHAT I'M GOING TO BE ASKED BILLY. REALLY HAVEN'T WORKED WITH YOUR ATTORNEY AT ALL. AND YOUR TESTIMONY, TESTIMONY PRAYER. SO YOU'RE GONNA TESTIFY AS THE NUMBER ONE EXPERT BUT YOU HAD NO PREPARATION. I AM NOT THE NUMBER ONE EXPERT. I'M GOING TO TESTIFY TRUTHFULLY, IN MY BOTH MY PROFESSIONAL AND PERSONAL. WHAT WAS THE CASE THAT YOU TESTIFIED AS AN EXPERT IN THIS COUNTY? I'LL HAVE TO DIG IT OUT. I DON'T HAVE IT WITH ME. I WASN'T ANTICIPATING THIS. THIS QUESTION , SO I DON'T HAVE IT. BUT I'LL BE GLAD TO PROVIDE IT QUALIFYING AS AN EXPERT RIGHT NOW. SO WHAT KIND OF CASE WAS IT? I DON'T REMEMBER. ALRIGHT THE TWO CASES IN THE CIRCUIT COURT. WHAT KIND OF CASES WERE COUNTY WHEN I REMEMBER. WELL, I REMEMBER BEING NOT MUCH. THE TWO IN CIRCUIT I'M JUST GONNA I'LL BE GLAD TO PROVIDE THAT INFORMATION. I HAVE IT. I DON'T GOTTA I'M NOT FOR HIRE ENGINEER CARRIES HIS. LISTINGS AROUND, BUT I HAVE TESTIFIED AND VINCE WARREN AND BEEN ACCEPTED AND AGAIN. I DON'T KNOW WHAT THE I'M GOING TO BE ASKED AS FAR AS TO ANSWER THE QUESTION, SIR. DO YOU KNOW THE SUBJECT MATTER OF EITHER OF THOSE CIRCUIT CASES WHERE YOU JUST TESTIFIED THAT YOU WERE QUALIFIED AS AN EXPERT ON TOP OF MY HEAD NOW, AND THERE WAS ONE FEDERAL CASE IS THAT CORRECT? CORRECT? AND WHAT WAS THE SUBJECT MATTER? CONSTRUCTION MATERIALS AND CONSTRUCT ABILITY. RIGHT SO THE MATERIALS THAT WERE USED IN THAT PROJECT YOU TESTIFIED. ABOUT THE CONSTRUCT ABILITY OF THEM. THE MATERIALS AND SOME OF THE FAILURES OF THE MATERIALS MATERIALS. WE WOULD AGAIN OBJECT. THIS MAN DOESN'T EVEN KNOW WHAT CASES HE QUALIFIED IN AS AN EXPERT. HE'S OBVIOUSLY BIASED THE NUMBER ONE APPELLANT IN THIS CASE. HE ALSO PREPARED THE DOCUMENTS THAT HIS FIRM DID THAT WERE USED THAT HAVE NOW BEEN SHOWN ON THIS BOARD TO BE THE ONES THAT ARE THE INCONSISTENCIES. HE IS NOT QUALIFIED AS AN EXPERT IN THIS CASE, AND WE WOULD ASK YOU TO EITHER REJECT HIM AS A QUALIFIED EXPERT, OR TO AT LEAST WEIGH HEAVILY AGAINST ANY TESTIMONY THAT HE MIGHT PROVIDE ON THAT BASIS. THANK YOU. YEAH WE ONLY HAVE ONE PONY UP HERE. SO YOU'RE YEAH. WE'RE NOT USED TO BEING JUDGES, AND I'M NOT A LITIGATOR. I BELIEVE WE SHOULD LET HIM TESTIFY AND LET EACH OF YOU APPLY THE WEIGHT THAT YOU WOULD LIKE TO APPLY TO HIS TESTIMONY. THANK YOU. MR SALO. NINA DID YOU REVIEW ANY DOCUMENTS IN PREPARATION FOR TODAY'S HEARING? YES CAN YOU BRIEFLY DESCRIBE WHAT DOCUMENTS YOU REVIEWED? I WENT THROUGH A 300 PAGE LEGACY VERY QUICKLY, LIKE I'M SURE THE COMMISSIONERS DID. IT WAS ALL FOR THEIR SHARE VIABLE. TO BRIEF MYSELF ON THE HISTORY OF THE PROPERTY. I, UM. LOOK AT SOME OF THE DOCUMENTS AND THE GOOGLE AERIALS OVER THE LAST 20 YEARS OF THE PROPERTY. TO BETTER UNDERSTAND ITS USE. IT'S ACTUALLY USED OVER THE LAST 20 YEARS. I REVIEWED THE DPS. WATER QUALITY VIOLATION LETTER ISSUED IN JULY. BASICALLY OPERATIONS.

[00:55:09]

AND. DID YOU COME TO ANY CONCLUSION AFTER REVIEWING THE RELEVANT DOCUMENTATION? IN REGARDS TO AS TO WELL, THAT WAS GOING TO BE MY NEXT QUESTION. BUT DID YOU COME TO ANY CONCLUSION RELATED TO THE COMPATIBILITY OF THIS PROPOSED USE? OBJECTION YOU DIDN'T ASK HIM TO BE QUALIFIED AS AN EXPERT ON LAND USE. LET ME JUST BACK UP . CAN YOU DESCRIBE TO THE BOARD THE DIFFERENCE BETWEEN THE EXISTING USED ON THE PROPERTY UNDER THE 2020, D O AND B PROPOSED USE OF THE PROPERTY. AS YOU UNDERSTAND IT BASED ON YOUR REVIEW. THE. PREVIOUS DEVELOPMENT ORDER WAS FOCUSED ON AND AGGREGATE ROCK OFFLOADING FACILITY. AGGREGATE IS A ROCK THAT'S USED IN CONCRETE. SO IT WAS A STONE. TRANSFER LOCATION WHERE IT WENT FROM BARGE TO LAND, TWO TRUCKS. TO THE BATCH PLANTS. UM, THE CURRENT APPLICATION. INCLUDES A CHEMICAL STORK ON TRANSFERS, STORAGE USE. IN ADDITION TO THE PREVIOUS AGGREGATE USE. AND IS THERE A DIFFERENCE IN THE TYPES OF MATERIALS THAT WILL BE HANDLED BY THE FACILITY? TREMENDOUSLY AND CAN YOU EXPLAIN THAT TO THE BOARD? THE ROCK IS ESSENTIALLY A I ACTIVITY THAT YEP. EXCAVATE OUT THE ROCK GO THROUGH SERVES CLEAN IT UP ESSENTIALLY WHEN IT MEETS SPECIFICATIONS THAT MINERAL IS TRANSFER. CEMENT. CEMENT IS MADE UP OF THREE OR FOUR PRIMARY CHEMICALS THAT ARE COOKED IN A KILN. TO CREATE CEMENT. CHEMICAL CEMENT IS A MANUFACTURED CHEMICAL BYPRODUCT OF THOSE. IT'S THE PASTE THAT GOES IN CONCRETE. SO THE YEAR IS A LARGE DIFFERENCE IN BOTH THE CHEMICAL MAKEUP. THE PARTICULATE SIZE IS MORE LIKE A DUST. THAN A ROCK. AND. THE RESIDUAL CHEMICALS WITH CEMENT WOULD BE VERY DIFFERENT THAN THE SEDIMENT WASHING OFF OF RUGS. SO THE NEW USE. IT IS DIFFERENT IN BOTH THE TYPE OF OPERATION AND IN THE TYPE OF MATERIAL BEING PROCESSED OR TRANSFERRED AT THE SITE. OBJECTION IS NOT QUALIFIED TO ANSWER THAT BEING A DIFFERENT USE. HE'S NOT A LAND USE EXPERT. IS IT YOUR OPINION BASED ON THE REVIEW OF THE DOCUMENTATION THAG SEEM IT AND THEN A LARGER QUANTITY IN A DIFFERENT MANNER THAN THE PRIOR USE, WHICH HANDLED CONCRETE ROCK. THEY SAW MY REVIEW OF THE DOCUMENTS. YES. NOW MISS MINCHIN, WHO ASKED ABOUT YOUR FIRM'S INVOLVEMENT IN THIS APPLICATION. DID YOU PERSONALLY HAVE ANY INVOLVEMENT IN THE PREPARATION OF THE INITIAL DOCUMENTS. I WAS INVOLVED IN PARTIALLY IN THE INITIAL DOCUMENTS. DO YOU RECALL WHEN YOU FIRST BECAME INVOLVED WITH THE SITE? ABSURD 1920 20, MAYBE 2021. AND SO YOUR FIRM WAS INVOLVED IN BOTH THE 2020 AND 2021 APPLICATIONS. YES FOR A COMPANY CALLED BIO MATERIALS. AND AT SOME POINT PANHANDLE ENGINEERING WITHDREW FROM THE APPLICATION. CAN YOU BRIEFLY DESCRIBE TO THE BOARD? WHAT LED TO THAT DECISION. ONE OF THE REVIEW COMMENTS COMING BACK FROM THE COUNTY ON THE D O. UM FROM RANDY. VERY THOROUGH. HAD A LISTING OF ACTIVITIES AND I RESPONDED BACK TO THE CLIENT ON HOW I WAS ANTICIPATING APPROACHING THOSE UH UM. I THINK PARTICULARLY THE. STORMWATER MANAGEMENT ASPECT THAT THE COUNTY WANTED WAS SOMETHING THAT I UNDERSTOOD. AND BASICALLY HAD ADVISED BIO MATERIALS OF WHAT THE DIFFERENT BUFFERS AND DIFFERENT THINGS THAT THAT WAS BEING REQUESTED. AND THEY TOLD ME THEY WILL GET BACK TO ME. AND HIRED AN ENGINEER OUT OF TAMPA. TO FINISH THE APPLICATION. AND

[01:00:09]

RESPIRATORY THINGS LIKE THIS, TOO. ENVIRONMENTAL IMPACTS. NUISANCE IS PROBABLY A MAJOR.

THING THAT WOULD CONCERN ANYBODY IN THE SURROUNDING RESIDENTIAL AREA. THE NOISE. THE LIGHTING THE HOURS OF OPERATION. UH, THOSE ARE THE TYPES OF THINGS THAT I'M VERY CONCERNED ABOUT AND THEY'RE VERY HARSH AND. I THINK THEY WOULD BE A TREMENDOUS IMPACT ON THE NEIGHBORHOOD. DO YOU CURRENTLY? UM HAVE REASON TO ACCESS MCKENZIE ROAD. PERIODICALLY. AND CAN YOU TELL THE BOARD? WHAT BRINGS YOU TO MACKENZIE ROOM? RUNNING AROUND WITH THE DOGS ON THE GOLF CART IS ONE AND THEN. SEVERAL YEARS AGO. WE USED TO USE IT AS OUR JET SKI. LAUNCH. BECAUSE IT'S THE CLOSEST RAMP TO MY HOUSE. AND THE RAMP YOU'RE REFERRING TO IS THE PUBLIC BOAT RAMP? MACKENZIE? UM PROGRAM. AND ARE YOU AWARE OF WHETHER OR NOT THE CURRENT OPERATIONS BLOCK THAT PUBLIC VOTING? IT? I HAVE PERSONALLY WITNESSED. THE BARGES AND TUGS COMPLETELY BLOCKING.

THE BOAT RAMP. AND DO YOU ENGAGE IN ANY OTHER RECREATION RELATED TO THE BAYOU? I SWIM AND FISH.

JET SKI, UM I LIKE BEING ON THE WATER. SO WILL CEMENT DISCHARGE OR SEDIMENT DISCHARGE INTO THE BAYOU OR OTHER ENVIRONMENTAL IMPACTS AFFECT YOUR ABILITY TO USE THE PROPERTY RECREATIONALLY.

I'M VERY CONCERNED IT WILL. IS THERE ANYTHING ELSE THAT YOU WISH FOR THE BOARD TO BE AWARE OF RELATED TO THIS DEVELOPMENT APPLICATIONS. YEAH, I HEAR. THAT IT'S UM INDUSTRIAL AND THEY CAN DO ANYTHING THEY WANT. I THINK THAT'S A IN MY PROFESSIONAL OPINION, PERSONAL OPINION, EH? AND THEN ACCURATE DESCRIPTION. I THINK THAT THEY'RE THE GAMUT OF THINGS THAT CAN FALL UNDER INDUSTRIAL FROM THE PAPER MILL TO A MILITARY INSTALLATION TO SOMETHING MUCH SMALLER. I THINK THAT PLEASE. CODE INTENT AND PART OF THE REASON I'M HERE APPEALING. THE CODES INTENT. IS TO BLEND HOW IT. CARTE BLANCHE. YOU ALLOW DEVELOPERS TO GO VERSUS REASONABLE NOUS. AND LEVEL OF INTENSITY. I HEAR WE TALK ABOUT A SIX ACRE SITE. IT'S NOT A SIX ACRE SITE, MAYBE A SIX ACRE PROPERTY. THE SITE IS THREE ACRES, A THREE ACRE HILL. WITH WETLANDS ON JUNKETS. MARSH WETLANDS ON TWO OR 32 SIDES OF IT ROAD ON THE OTHER AND THE BAY ON THE OTHER. THE BAYOU UH UM.

THERE ARE AND. WELL, I'M NOT BEING CLAIMED. AS AN EXPERT WITNESS. I HAVE SAT ON THE DEVELOPERS SIDE THOUSANDS MORE TIMES THAN I HAVE, WHERE I'M STANDING RIGHT NOW. NEVER HAVE.

I. BEEN CONFRONTED WITH. UNDERSTANDING THAT THEY HAVE THEY HAVE LAND RIGHTS. BUT I ALSO UNDERSTAND THEY DON'T HAVE CART LAUNCH. THANK YOU CAN'T JUST GO AND DO INTENSITY TO THE TO THE THOUSANDS POWER. I WILL SAY THAT I MAY NOT BE HAPPY. IF AN INDUSTRIAL FACILITY STAYS THERE. BUT I WILL BE ACCEPTING. IF THAT INDUSTRIAL ACTIVITY. USE SCALE INTENSITY TRUCKS.

ENVIRONMENT AND ALL IS. IS FASHIONED TO BE COMPATIBLE WITH THE ENVIRONMENT AND THE PEOPLE THAT LIVE AROUND THERE. UM. SURE I GOT MORE TO SAY WITH THAT'S CHOKING ME UP RIGHT NOW. OKAY. I

[01:05:08]

LET'S SHOW YOU ONE OF THE DOCUMENTS THAT PANEL ENGINEERING COMPLETED. WHICH WAS DATED AUGUST 24TH 2021. AS RECEIVED BY A COUNTY AND IT'S A STATEMENT OF COMPATIBILITY. EXHIBIT D. NO, I DON'T. I DO NOT RECOGNIZE THE DOCUMENT. I DON'T KNOW THAT I'VE EVER SEEN THAT DOCTOR. CAN YOU AGREE WITH ME THAT IT SAYS IN THE MIRROR? FOURTH SET FORTH LINE DOWN. YES. DOES IT NOT ALSO DISCUSSED THE CODES FOR WHAT THEY USE IS GOING TO. I'M NOT QUITE SURE. THEY I C S THAN DISCUSSED SO MUCH THIS MORNING. FIRST TIME I'VE READ IT. WELL, I BELIEVE YOU TOLD US YOU STUDIED THE THREE NO, I SAID, I PURVIEW THEM LEAF THROUGH THEM QUICKLY TO THAT ONE PARAGRAPH THAT TALKS FROM EUROPE. ENGINEERING. WHAT IS. THIS BUSINESS CLASSIFIES UNDER 21 3 32 31. OF THE C S. WHICH IS COMPATIBLE WITH LD. R REGULATION 801. ANY I C S CODE THAT HAS BECOME ONE OF THE POINTS. TO FEEL YES. NOT AN ERROR IN THAT. DESIGNATION ABOUT WHAT BUSINESS WAS THAT? I WOULD HAVE TO ASK MY ENGINEER WHERE THIS INFORMATION CAME. IT DOESN'T IT'S RIGHT BEFORE IT. READ THAT ONE. IT FOLLOWS THE DEVELOPMENTS TO COMPLY WITH THE REQUIREMENTS OF 8 TO 1 AND OTHER SECTIONS OF THE LAND OF ELEMENT CODE WILL BE DEEMED COMPARABLE. IT DOES. IT ALSO DESCRIBED WHAT'S ACTUALLY GOING TO BE OCCURRING HERE IN THE SENATE'S PEOPLE. ANOTHER ONE UP. PROVIDE FOR AREAS OF LIGHT INDUSTRIAL INDUSTRIAL AND MANUFACTURING RELATED LAND USES AS TO ENHANCE AND EXPAND ECONOMIC ACTIVITY. PROMOTING EMPLOYMENT OPPORTUNITIES FOR COUNTY RESIDENTS. AND PROVIDE A MORE BALANCED AND STABLE ECONOMY. QUOTES I'M ASSUMING IT WAS CUT AND PASTED OUT OF THE LAND, THE COMPLAINT OR SOMETHING? WELL I TRIED TO DIRECT YOU TO THE SEARCH SEVERAL TIMES, BUT IT'S RIGHT ABOVE THE ONE YOU READ. IT, SAYS THE PROPOSED PROJECT. HOLDING PERSONALITY AND AGGREGATE STORAGE. FROM YOUR FARMER. I THINK SO. YES, THAT'S NOT MINE IN MUSIC. I DON'T KNOW. I DID NOT WRITE THAT. LET'S JUST LOOK AT THE WORDS. LARGE OFFLOADING FACILITY AND AGGREGATE STORAGE. THE MINING. IT COULD BE IF THERE'S MINING BEING IMPORTED IN. I DO NOT KNOW I DIDN'T I DID NOT WRITE THAT. SO I DON'T KNOW WHAT THE LEVEL OF INTENT WAS I DON'T KNOW WHEN THAT WAS SUBMITTED. I MEAN, I JUST YOU'RE ONE OF THE OWNERS OF THIS PANDEMIC ENGINEERING. ISN'T IT TRUE THAT YOU PREPARE THE

[01:10:02]

WE HAVE 13 ENGINEERS IN THE OFFICE. UM I'M FAMILIAR WITH THE OVERVIEW OF THE PROJECTS THAT ARE NOT DIRECTLY IN CHARGE OF AND I HAVE A VERY COMPETENT ENGINEER THAT WAS PREPARING THIS. SO TODAY. HERE'S THE APPELLANT'S STOP IT. DO YOU THINK THAT THERE IS A MINING OPERATIONS UNDER STEER? I'D HAVE TO PROBABLY BETTER UNDERSTAND THE DEFINITION OF A MINING OPERATION. OBVIOUSLY. THE RAW MATERIALS AS WELL AS THE AGGREGATE OR MINING. THEY HAVE TO BE MINE. TO BE ABLE TO PRODUCE THEM, SO I'M NOT QUITE SURE THE DEFINITION OF THE MINING ACTIVITY TO BE ABLE TO GIVE HIM A GOOD ANSWER. WELL, ACCORDING TO CANADA. THUS, THE PROJECT IS COMPATIBLE. THE STANDARDS OF THE REGULATIONS. SO YOUR FIRM OPINED BACK THEN THAT EVEN IF IT WAS MINE WHICH IS WHAT THIS CODE IS THAT YOUR PUBLIC THE L D. R NO. WELL WHAT IT SAYS REGULATIONS WITH THE SMALL ARE IF IT WAS FORMAL LD, R THAN IT WOULD HAVE REGULATIONS WITH THE CAP ARE SO YOU ALSO TESTIFIED THAT THE PROPOSAL WILL BE DANGEROUS. I SAID, I'M CONCERNED WITH THE DANGER, OKAY . QUALIFICATIONS ON DANGEROUS ACTIVITY. I'VE BEEN IN A CAR ACCIDENT. I MEAN, WHAT'S WHAT'S HUMOROUS IS THE TYPE OF QUESTIONS THAT ARE ASKING. I'M TRYING TO UNDERSTAND THEM, BUT TESTIFIED THIS BOARD BELIEVE THE SECOND DANGEROUS AND I WANT TO UNDERSTAND HOW YOU CAME TO THAT. AND OR WORK. WELL I THINK I MADE A COMMENT THAT THE ADDING ADDITIONAL 80 TRIPS TO A RESIDENTIAL ROAD. IS A DANGER ARE YOU QUALIFIED? I THINK I PREFACED. MY CONVERSATION IS SAYING I'M THE RESIDENT. AND SPEAKING AS A RESIDENT OF THAT AREA. I DID NOT SAY THAT I WAS SPEAKING IN MY PROFESSIONAL CAPACITY. YOU ASKED ME WHY? I THOUGHT MY COUNSEL ASKED. WHY WHAT I THOUGHT AND I STARTED BY SAYING AS THE RESIDENT THERE.

THOSE ARE THE THINGS THAT CONCERN ME AS A CITIZEN AND A RESIDENT OF THAT AREA. NOT SPEAKING THAT THAT MY ENGINEERING IS TELLING ME THIS. I'M TELLING YOU THAT IF I HAVE 80 MORE SEMIS ON A ROAD THAT IS RESIDENTIAL IN NATURE, EXCEPT FOR THE DEAD END. AND. IT'S USED AS A PUBLIC BOAT RAMP. PEOPLE GO DOWN THERE FAIRLY OFTEN. THAT THE ANSWER IS YES. I THINK THAT'S ONE OF VARIOUS DANGERS. I KNOW ENOUGH ABOUT CEMENT TO KNOW THAT THE AEROSOL OF CEMENT IS A HIGHLY CAUSTIC. ISH MATERIAL. FROM WHAT. FOR ALMOST 40 YEARS. ENTRY PLAN. A DESIGN THOSE TWO YES, I WAS. I WAS A MATERIALS ENGINEER WITH PITTSBURGH TESTING AND PROFESSIONAL SERVICE INDUSTRIES PRIOR TO COMING HERE FROM BASKETBALL. DONOVAN SO MY TRAINING AND THINGS IN MATERIALS PARTICULARLY THAT TYPE OF THING, YES. I AM VERY FAMILIAR WITH IT . AND FROM A PERSONAL POINT OF VIEW OF YOU, SACK READ, AND IT'S DRIED MY FINGERS UP AND STUFF, SO I KNOW IT'S COSTING. SO I THINK THE DANGER OF THE RESPIRATORY OR THE AIRBORNE IS A CONCERN THAT DANGER THAT I CONCERNED ABOUT EXPERT AT ANY O. MISS MINCHIN IS BATTERING THE WITNESS. TO UNDERSTAND AND TALK ABOUT SEVERAL ISSUES. I JUST NEED FOR THE RECORD CLEAR. 50,000 EXPERT TESTIMONY ABOUT ANY OF THESE ITEMS. VERY IMPORTANT THAT THE RECORDS THERE ARE OKAY? AGAIN. YOU'RE NOT TESTING. YOU OR INSPECTION OF THE PROPERTY. I'VE BEEN ON THE PROPERTY QUITE A FEW TIMES. THE GENTLEMAN THAT OWNED THE PROPERTY PRIOR TO SELLING IT. CARLTON SCHWARTZ. HE HAD ME MY OUT SEVERAL RESIDENTIAL TOWNHOUSE CONDOMINIUM PROJECTS, LITTLE MARINA AND HALF A DOZEN OTHER THINGS OVER THE 10 YEARS AGO TO WHATEVER HE OWNED IT. SO I'VE BEEN ON THE PROPERTY QUITE A FEW TIMES. I HAVEN'T BEEN ON THE PROPERTY SINCE THE AGGREGATE OFFLOADING. I'VE BEEN IN THE VALUE RIGHT THERE NEAR IT, BUT I HAVEN'T BEEN HONEST. NO, I DO NOT. WELL, WHEN DID YOU I LOOKED

[01:15:09]

EVEN WITHOUT THE EXPANSION AND ADDING THE CEMENT SIDE OF IT. THAT THE ANSWER IS IT IS A NUISANCE. IT'S NOT LOUD. IT'S NOISY. IT'S LIT UP AT NIGHT. UM, IT BLOCKS THE BOAT RAMP. I MEAN, THOSE ARE THE THINGS I CONSIDER TO BE NUISANCES UNDERSTAND THAT THERE IS A PROPOSAL THAT'S BEEN APPROVED BY THIS COUNTY. TO AFFECT ALL OF THOSE ISSUES THAT YOU JUST RAISED. BUT BECAUSE OF YOUR APPEAL, COLLEAGUES CAN'T GO AHEAD. ARE YOU WEARING? NO, I'M NOT AWARE OF AUTOMATIC STATE HAS BEEN ISSUED. I'M AWARE OF AWARE OF THAT. I DON'T I'M NOT AWARE OF THE APPLICATION, ADDRESSING ANY OF THOSE CONCERNS ONLY DOCUMENTING THEM. DOCUMENTING THE IT WILL BE. ADDING 80 TRUCKE IMPROVEMENT BEING PROPOSED. YOU LIVE ABOUT. PROBABLY CAN'T SEE IT. I CAN, TOO. I'VE GOT A PICTURE FROM MY FROM MY FRONT DESK MY FRONT DOOR. OF THE TIME I HAVE A PICTURE. I DID. IT'S IN MY PACKET. DIG IT OUT HERE AND DURING BREAK EXHIBIT LIST BECAUSE I WOULDN'T HAVE ASKED IF IT WAS ON THE EXHIBIT LIST. MR SLOAN, ADA. IT MAY BE THAT'S ALL THE QUESTIONS I HAVE. THANK YOU.

IT'S ONE BLOCK AWAY. UM JUST ONE. FOLLOW UP, MR. SLOAN, NINA. WHEN YOUR FIRM IS ENGAGED IN ASSISTING WITH AN APPLICATION. DO YOU GENERATE ALL THE INFORMATION CONTAINED IN THE APPLICATION OR YOUR ENGINEERS GENERATED OR DO YOU RECEIVE INFORMATION FROM THE CLIENT WHO PROVIDE YOU WITH THINGS SUCH AS A DESCRIPTION OF WHAT THEY INTEND TO USE ON THE PROPERTY OR USE CODES? THINGS OF THAT NATURE. I THINK NUMBER ONE. UM, NO, I'M NOT. INTIMATELY INVOLVED IN EVERY PROJECT. AS I MENTIONED WE'VE GOT A DOZEN 13 ENGINEERS IN THE OFFICE. BROKEN UP INTO ABOUT FOUR DIFFERENT TEAMS. THE SENIOR E REGISTERED ENGINEER, AND THOSE TEAMS IS THE WORD THAT MANAGES THE INFORMATION BEING PREPARED USUALLY WITH A E I ENGINEER ABSOLUTELY THE INFORMATION FROM THE CLIENT, REGARDLESS OF WHAT TYPE OF CLIENT IS CRITICAL TO BE ABLE TO PUT INTO THE DOCUMENT WHAT THE CLIENT IS ASKING TO BE DONE. UM, BUT NO, I'M NOT. INVOLVED INTIMATELY ON EVERY PROJECT DETAIL. UM AND MY ENGINEERS AREN FROM THE CLIENT'S NOT NECESSARILY IS IT GENERATED BY THE ENGINEERS THEMSELVES IN EVERY CIRCUMSTANCE. FOR EXAMPLE , I MEAN THE MAJORITY OF THE TIME IT'S ALL STARTS WITH THE CLIENTS, DESCRIPTIONS SCOPE WHAT THEY WANT TO DO HOW BIG THEY WANT TO BUILD IT, WHAT THEY WANT TO DO, AND THEN IT'S OUR JOB TO ON A HORIZONTAL BASIS MAKE IT CONFORM TO THE REGULATIONS. THOSE ARE MY QUESTIONS. THANK YOU, MR SLOAN. I WOULD NEXT CALL LAURA.

STATE YOUR NAME AND ADDRESS FOR THE RECORD. MY NAME IS LAURA MILL SKETCHER AND I HAVE BEEN SWORN IN. UM, YOU HAVE NOT BEEN TORN. I HAVE BEEN SWORN IN UM, MS GAUCHER, PLEASE TELL US ABOUT YOUR EDUCATION. YES I AM A CERTIFIED LAND USE PLANNER. I HAVE BEEN FOR OVER 20 YEARS. I UM HAVE WORKED IN THE INDUSTRY FOR ABOUT 25 YEARS. I HAVE WORKED AS A LAND USE PLAN ER AS A DIRECTOR OF PLANNING DEPARTMENTS. I CURRENTLY OWN MY OWN COMPANY AND HAVE DONE SO FOR

[01:20:06]

HAVE YOU PREVIOUSLY BEEN QUALIFIED TO TESTIFY AS AN EXPERT IN THE AREA OF LAND USE? YES, I HAVE. AND HAVE YOU PREVIOUSLY PERFORMED COMPATIBILITY ANALYSIS SUBJECT TO THIS EXPERTISE? YES, I HAVE. APPROXIMATELY HOW MANY WOULD YOU SAY YOU PERFORMED WELL, SINCE WE LOOK AT COMPATIBILITY ISSUES WITH EVERY COMPREHENSIVE PLAN, AMENDMENT MAP AMENDMENT WE ANALYZE, I'VE PROBABLY DONE HUNDREDS. THIS TIME I WOULD TENDER MISS CULTURE AS AN EXPERT IN THE AREA AND USE AND PLANNING. NO OBJECTION. THANK YOU. DID YOU, UM, HAVE OCCASION TO REVIEW ANY MATERIALS IN PREPARATION FOR TODAY'S HEARING. YES I REVIEWED THE BAY COUNTY CONFERENCE OF PLAN. THE BAY COUNTY LAND DEVELOPMENT CODE, THE FUTURE LAND USE MAP. THE ZONING MAP. I VISITED THE SITE A COUPLE OF TIMES. ALSO LOOKED AT THE DEVELOPMENT ORDER APPLICATION. AND DID YOU PREPARE A WRITTEN REPORT? IN RESPONSE TO YOUR REVIEW AND ANALYSIS OF THIS CASE. YES I PREPARED TO CONSISTENCY AND COMPATIBILITY ANALYSIS DATED MAY OF THIS YEAR.

COMPATIBILITY ANALYSIS FOR THE BOARD'S REFERENCE IS LOCATED AT BATES PAGE TO 74 TO 90 OF YOUR MATERIALS. NEXT TAB 14. WHAT WAS YOUR UNDERSTANDING OF THE QUESTION BEING ASKED OF YOU IN PREPARATION OF THIS REPORT. SO THE QUESTION WAS WHETHER OR NOT THIS PROPOSED DEVELOPMENT IS CONSISTENT AND COMPATIBLE, CONSISTENT WITH THE COMPREHENSIVE PLAN AND COMPATIBLE WITH SURROUNDING EXISTING USES, AND WERE YOU ABLE TO COME TO A CONCLUSION OR FORM AN OPINION RELATED TO THE CONSISTENCY AND COMPATIBILITY OF THE PROPOSED USE? YES SO WHEN WE'RE LOOKING AT CONSISTENCY, WE'RE LOOKING AT THE CONFERENCE OF PLAN AND THE POLICIES THAT ARE ADOPTED THE GOALS, OBJECTIVES AND POLICIES THAT ARE ADAPTED INTO THAT DOCUMENT, AND THERE ARE SEVERAL POLICIES. SOME OBJECTIVES THAT ADDRESS THAT WE CAN APPLY TO THIS CASE. UM ONE OF THOSE BEING IMPORTANTLY, THE POLICY 3.4 POINT EIGHT OF THE COMPREHENSIVE PLAN. WHAT'S TALKS ABOUT THE SOUTHPORT NEIGHBORHOOD PLANNING AREA? AND SIMILAR TO HOW YOU HAVE YOUR RURAL COMMUNITIES OUT IN THE COUNTY. YOU HAVE ADOPTED A BOUNDARY AROUND THE SOUTHPORT COMMUNITY.

TO TALK ABOUT WHAT'S ALLOWED WITHIN THAT BOUNDARY SO THAT YOU CAN HAVE A SUSTAINABLE COMMUNITY THERE. AND IF WE LOOK AT PART, ONE OF THAT POLICY USES ALLOWED WE SEE SEVERAL USES THAT YOU WOULD EXPECT TO SEE, SUCH AS RESIDENTIAL NEIGHBORHOOD COMMERCIAL PROFESSIONAL OFFICES , RESTAURANTS, SCHOOLS, BUT WE WANT WE DON'T SEE AS THE INDUSTRIAL YEARS. SO WITHIN THE SOUTHPORT, YOU CAN SEE THIS UP HERE ON THE SCREEN WITHOUT WITHIN THE SOUTHPORT NEIGHBORHOOD PLANNING AREA. THE COMPREHENSIVE PLAN DOES NOT LIST INDUSTRIAL USES AS ALLOWABLE. WE ALSO LOOK TO THE FUTURE LAND USE CATEGORY INDUSTRIAL AND, UM, WITHIN THAT CATEGORY, I WOULD SUBMIT TO YOU THAT THE COUNTY COMMISSION HAS DEEMED THAT RESIDENTIAL USES ARE NOT COMPATIBLE WITH INDUSTRIAL USES. IN FACT, YOU'RE PLAYING ITSELF SAYS YOU HAVE DEVELOPMENT RESTRICTIONS ABOUT THE LOCATION OF INDUSTRIAL USES AND IT SAYS SHOULD NOT BE LOCATED NEAR RESIDENTIAL AREAS. NEW INDUSTRIAL DEVELOPMENT TO BE LOCATED IN EXISTING INDUSTRIAL OR COMMENTS, PARKS, WHICH THIS IS NOT AN EXISTING INDUSTRIAL PARK. IT IS NOT AN EXISTING COMMERCE PART. IT'S SIMPLY DESIGNATED INDUSTRIAL ON THE FUTURE. MANDY'S MAP. AH ANOTHER ISSUE THAT WE LOOK AT IN THE COMPREHENSIVE PLAN IS YOU HAVE SOME POLICIES AND YOUR TRANSPORTATION ELEMENT ABOUT FUNCTIONAL CLASSIFICATIONS OF ROADWAYS, AND YOU DESIGNATE CERTAIN ROADS AS COLLECTOR ROADS , CERTAIN ROADS AS ARTERIAL ROADS AND THEN OF THOSE ROADS AREN'T LISTED BY DEFAULT. THERE ARE LOCAL ROAD. I'M SORRY I'M COMING OUT OF THE CROWD. SO I HAVE A LITTLE BIT OF A IN MY THROAT. UM POLICY. 4.3 POINT ONE PART THREE DEFINES YOUR LOCAL

[01:25:07]

THERE WAS A DOCUMENT ENTITLED AND COMPATIBILITY ANALYSIS INSIDE OF THE APPLICATION PACKET . THAT'S ALL OF ABOUT FOUR PARAGRAPHS I WOULD SUBMIT TO YOU. THAT'S NOT A COMPATIBILITY ANALYSIS. IT BASICALLY STATED THAT THE APPLICATION FOLLOWED ALL THE REGULATIONS OF THE LAND DEVELOPMENT CODE. THERE WAS NO ANALYSIS OF ANY KIND OF COMPATIBILITY ISSUES AS PART OF THAT. SO FORTH JUST TO DIVINE COMPATIBILITY. SO WE UNDERSTAND WHAT THAT MEANS. IT'S A FLORIDA STATUTORY DEFINITION, WHICH YOU ALSO HAVE TO FIND IN YOUR COMPREHENSIVE PLAN UNDER POLICY.

3.9 POINT ONE IT SIMPLY MEANS IN LAYMAN'S TERMS THAT A NEW USE. CAN'T BE PERSONALLY IMPACTING AND EXISTING USE. OVER TIME SO THAT SUCH USES WILL BECOME HINDER SO THAT, FOR EXAMPLE, IF YOU HAVE A HIGH INTENSIVE USE THAT COMES IN TO EXISTING NEIGHBORHOOD RESIDENTIAL USES, YOU DON'T WANT THAT HIGHER INTENSITY USED TO EVENTUALLY BLIGHT. THE AREA BECAUSE OF THE NEW SYSTEMS IT CREATES, SUCH AS, UM WHAT WE HAVE LISTED HERE, WHICH IS NOISE, ODOR GLARE. EVEN LARGE TRAFFIC IMPACTS CAN BE ONE OF THOSE THINGS. I WOULD ALSO SAY THAT THE COUNTY COMMISSION HAS DEEMED INDUSTRIAL USES AS INCOMPATIBLE WITH RESIDENTIAL BY ADOPTION AGAIN OF THE ECONOMIC DEVELOPMENT ELEMENT OBJECTIVE 2.2, WHICH SAYS YOU'RE GOING TO PROTECT INDUSTRIAL USES FROM INCOMPATIBLE ADJACENT USES, WHICH RESIDENTIAL WOULD BE ONE OF THOSE USES? UM WHERE POSSIBLE , YOU IN FACT, IF THIS IF THIS APPLICATION WERE INDEED SEEKING A FUTURE LAND USE MAP AMENDMENT TO CHANGE SOME PROPERTY THAT IS ADJACENT TO YOU WOULD NOT BE ABLE TO DO SO, ACCORDING TO POLICY 2.2 POINT ONE WHICH SAYS THAT YOU WILL NOT DESIGNATE INDUSTRIAL USES NEXT TO RESIDENTIAL USES ON YOUR FUTURE LAND USE MOUTH. IT'S BECAUSE WE'RE HERE BECAUSE THIS USES ALREADY THIS ZONING IS ALREADY ESTABLISHED, ALTHOUGH IT WAS NOT ESTABLISHED AS PART OF THE COMMERCE PARKER, AN INDUSTRIAL PARK SO, UM, WITH THOSE POINTS UH, ALSO, I WOULD JUST SAY THAT, UM NEITHER STAFF NOR THE APPLICANT DEMONSTRATED THAT THIS USE WILL BE COMPATIBLE WITH EXISTING RESIDENTIAL USES, WHICH ARE DEFINITELY TO THE SOUTH OF THIS PROJECT. UM AND THAT WAS I DIDN'T SEE ANY MATERIALS IN ANY OF THE APPLICATION FROM STAFF FOR THE APPLICANT TO SHOW COMPATIBILITY DEMONSTRATE COMPATIBILITY, WHICH IS REQUIRED BY OBJECTIVE 3.9 OF YOUR COMPREHENSIVE PLAN. YOU KNOW, TO YOUR POINT THAT THE ZONING IS ALREADY ESTABLISHED AS A CERTIFIED LAND USE PLANNER. ARE YOU FAMILIAR WITH THE CONCEPT? UM OF NONCONFORMING USES. YES AND WHEN A REGULATION IS AN ACTIVE AFTER A ZONING CATEGORY OR USE IS ALREADY ESTABLISHED.

AS A CERTIFIED PLANNER. ARE YOU AWARE WHETHER OR NOT THAT USE MAY BE EXPANDED OR INTENSIFIED IF THE NEW REGULATION PROHIBITS THAT TYPE OR THAT PARTICULAR USE. SO IF THE IF THERE WAS A REGULATION THAT PROHIBITS THAT USE THEN, UM, THERE WOULD BE NO AVENUE OR METHOD FOR APPROVAL OF THAT USE. AND I BELIEVE YOU TESTIFIED THAT THE SOUTHPORT NEIGHBORHOOD PLANNING AREA PROHIBITS INDUSTRIAL USES. IT'S NOT AN ALLOWED YOUTH. IT'S NOT IN THE WILD CATEGORY. AND IN

[01:30:01]

INDUSTRIAL TOO. PRESIDENTIAL SURROUND. AND DOES THAT INFORM YOUR OPINION THAT THE USES OR INCOMPATIBLE? SO CERTAINLY THE PROPOSED USE IN THE ZONING CATEGORY AS MUCH MORE INTENSE THAN THE EXISTING RESIDENTIAL DEVELOPMENT. SUCH AS THE MAXIMUM FLOOR AREA RATIO IS 150. UM THERE IS NO HEIGHT LIMIT, WHEREAS AN R TWO HAS A 45 FT HEIGHT LIMIT. IN PREVIOUS SERVICES ARE GREATER THAN THE RESIDENTIAL UM, SO THERE'S A LOT MORE INTENSE DEVELOPMENT ALLOWED IN THE INDUSTRIAL CATEGORY THAN IN THE RESIDENTIAL, WHICH IS WHICH IS TO THE SOUTH. AND IN YOUR ANALYSIS AND REPORT DO YOU ADDRESS THE POSSIBILITY FOR ANY MITIGATION MEASURES AS IT RELATES TO THIS DEVELOPMENT? BUT THERE CAN BE A MITIGATION MEASURES THAT CAN BE SETBACKS.

THEY CAN BE LIMITATIONS ON THE INTENSITY THAT CAN BE ADDITIONAL VEGETATIVE, VEGETATIVE BUFFERING . THERE ARE SEVERAL WAYS YOU CAN MITIGATE THE PROPOSED USE TO EXISTING USES. AND IN YOUR REVIEW OF THIS APPLICATION. DID YOU KNOW WHETHER OR NOT THERE WERE SUFFICIENT MITIGATION MEASURES SUCH THAT IT WOULD CHANGE YOUR OPINION AS TO THE INCOMPATIBILITY OF PROPOSED USE? I DON'T RECALL. SEEING A LOT OF VEGETATIVE BUFFER. I THINK THERE WAS SOME SCREENING THAT WAS GOING TO BE INCLUDED AS PART OF A FENCE ALONG MCKENZIE ROAD. UM DID YOU NOTE ANY SCREENING BETWEEN THE. INDUSTRIAL SITE IN THE RESIDENTIAL SITE DIRECTLY TO THE ADJACENT TO THE SOUTH. I DON'T RECALL THAT. AND IF I COULD DIRECT YOUR ATTENTION TO PAGE 13 OF YOUR REPORT, BASE NUMBER 2 87. DID YOU KNOW ANY ADVERSE IMPACTS THAT WOULD BE GENERATED BY THE PROPOSED DEVELOPMENT? CERTAINLY NOISE, YOU'LL HAVE THE NOISE OF THE FACILITY WHERE THE AGGREGATE IS BEING TRANSFERRED FROM EITHER THE SHORE TO THE SILOS OR FROM THE SILOS TO THE TRUCKS. AND THEN, OF COURSE, THE NOISE OF THE TRUCKS THAT WILL BE TRAVELING ALONG MCKENZIE ROAD.

EXHAUST AS PART OF THOSE TRUCKS THAT WILL OCCUR. UM I COULD, AND I'M NOT FAMILIAR WITH 100% WITH HOW THE FACILITY WILL OPERATE, BUT THERE IS A POTENTIAL FOR DUST AND SMOKE TO OCCUR. AS THOSE AGGREGATES ARE TRANSFERRED ONTO THE TRUCKS. SO IS IT YOUR PROFESSIONAL OPINION, THEN THAT BASED ON YOUR REVIEW, THE PROPOSED INDUSTRIAL USES NOT CONSISTENT AND IS IN FACT IN CONFLICT WITH THE BAY COUNTY. COMPREHENSIVE PLAN. I AM YES. MORE QUESTIONS AT THIS TIME, I WOULD TELL YOU THE WITNESS. YOU MUST FUTURE WATER. THEY'RE DOING THE SAME THING. I HAVE TO STOP AND HAVE SOME ALSO. SO ONE OF THE THINGS THAT I NOTICED IN YOUR REPORT WAS THAT IT SEEMS THAT YOU ARE SUGGESTING THAT THIS IS A NEW USE. UM IF YOU UNDERSTAND THAT THIS IS AN EXISTING INDUSTRIAL ABUSE ON THIS PROPERTY, RIGHT? IT'S MY UNDERSTANDING THAT THE USE THAT IS OCCURRING IS ONE THAT HAS NOT BEEN THERE HISTORICALLY, AND THAT THERE IS A CHANGE REQUESTING FOR THE PROPERTY, WHICH IS THE IMPETUS OF THE DEVELOPMENT ORDER. ALL RIGHT, SO LET ME TRY TO ASK IT AGAIN. IS IT YOUR UNDERSTANDING THAT THERE HAS BEEN AN INDUSTRIAL AGGREGATE? TRANSPORTATION AND. STORAGE FACILITY THERE FOR MANY YEARS. IT'S MY UNDERSTANDING THAT THE PROPERTY IS DESIGNATED AS INDUSTRIAL. I HAVEN'T I'M NOT AWARE OF THE HISTORY OF THE PROPERTY. BECAUSE IN YOUR REPORT , YOU SUGGEST THAT IT'S AN UNDEVELOPED SITE. THE UNDEVELOPED MEETING. THERE ARE NO IMPROVEMENTS TO THE SITE. THEY ARE USING IT AS A STORAGE FACILITY BASED ON MY PERSONAL OBSERVATION. GOING BY THE SITE EARLIER THIS YEAR. DO YOU KNOW HOW THEY COUNTY DEFINES WHETHER A PROPERTY HAS BEEN DEVELOPED? GENERALLY. WHETHER OR NOT THERE HAVE BEEN IMPROVEMENTS MADE TO THE PROPER WELL, ISN'T IT TRUE THAT IT'S ACTUALLY FLORIDA STATUTE 3 80 THAT THEY COUNTY USERS AS THEIR DEFINITION, WHICH REQUIRES IMPROVEMENTS TO THE PROPERTY? I BELIEVE THAT IF YOU WOULD WORDS OVER REFRESH YOUR MEMORY BY LOOKING AT THAT, IT SAYS THAT THERE ARE CHANGES TO THE GROUND OR THE USE OF THE GROUND DOESN'T EXACTLY MEAN THAT THERE HAS TO BE BUILDINGS. CORRECT. I THINK THAT THERE HAS TO BE AN IMPROVEMENT MADE TO THE

[01:35:03]

THERE IS A CHANGE OF THE USE OF THE LAND AS UNDEVELOPED. I WOULDN'T CONSIDER IT UNDEVELOPED WITH AGGREGATE. I WOULDN'T CONSIDER IT DEVELOPED WITH AGGREGATE STORAGE ON THE PROPERTY. BUT MUCH OF YOUR TESTIMONY AND MUCH OF WHAT'S IN THIS REPORT. ALL COMES TOGETHER TO SUGGEST THAT WHAT THE COUNTY IS PROPOSING IS A NEW INDUSTRIAL USE OF THIS SITE. ISN'T THAT TRUE IMPROVEMENTS TO THE PROPERTY TODAY? IT'S A IT'S BEING USED AS STORAGE FOR THE AGGREGATE. THE TRUCKS ARE COMING TO PICK IT UP AND LEAVING THE FACILITY. AND MUCH OF YOUR OPINION OF TODAY AND IN YOUR REPORT. IS REALLY MORE IN THE NATURE OF SOMEONE THAT WOULD BE COMING ASKING FOR A LAND USE AMENDMENT OR ZONING CHANGE. SO THAT TRUE SOME OF WHAT I AM TALKING ABOUT IS I WILL CONCUR WITH THAT. BUT A LOT OF WHAT I'M TALKING ABOUT IS ALSO THE COMPATIBILITY OF THE NEW USE TO THE EXISTING USES IN THE AREA. BECAUSE THIS PROPERTY YOU ARE, YOU WOULDN'T CHALLENGE ME TO SAY IT IS DESIGNATED INDUSTRIAL AGREED BLOOM, RIGHT? IT'S ALSO ZONED. INDUSTRIAL TO CORRECT CORRECT THE HIGHEST LEVEL. OF INTENSITY, RIGHT? IT IS OKAY. UD AS A PLANNER HERE IN BAY COUNTY. HAVE YOU NOT? I HAVE AND SO EVEN THOUGH YOU PREPARED THIS REPORT , YOU'VE BEEN AWARE FOR MANY, MANY YEARS THAT THIS PROPERTY WAS DESIGNATED INDUSTRIAL CORRECT. I CAN TESTIFY TO THAT. KNOW WHAT I'M AWARE OF FROM SEVERAL SEVERAL YEARS AGO. SEE IF I CAN REFRESH YOUR MEMORY. IS THIS ONE OF THE BOOKS THAT YOU WOULD HAVE? THE COLLECTION IS BASICALLY WE USED THE D I S SYSTEM AND NOT THE HARD COPY MOUTH. IT EASY FOR YOU.

HAVE USED THESE BOOKS. BUT YOU'RE RIGHT IN 2003. YES 20 YEARS AGO. I DON'T RECALL EVERYTHING I DID 20 YEARS AGO, OKAY? BUT WE DO HAVE THE SPORT. YES THAT'S RIGHT, ACTUALLY 2001 ABOUT RIGHT? YES. AND ON THAT PAGE, DOES IT NOT SHOW THAT THIS PROPERTY IS INDUSTRIAL? ARE YOU ASKING ME IF I REMEMBER WHAT EVERY SINGLE PARCEL IS DESIGNATED FROM 20 YEARS AGO IN MY CAREER, I WILL NOT REMEMBER THAT. PAPER THAT HAS YOUR HAND LOOKING AT THE PAPER? YES, THAT THIS PROPERTY EVEN WAY BACK, THEN WAS YES, IT DOES. ALL RIGHT. COUNTY ADOPTED THEIR FUTURE LAND USE NOW. IT WAS BASED ON EXISTING USES, FOR THE MOST PART, WAS IT NOT? I'M NOT GOING TO TESTIFY TO EVERY SINGLE PARCEL AND THAT'S THE CASE. DARLING TODAY. KELLY. YOU DON'T HAVE ANY RECOLLECTION OF THIS PARTY OR WAS I DO NOT HAVE THAT RECOLLECTION. BUT YOU WILL AGREE WITH ME THAT IN THIS BOOK IT SAYS. I AGREE WITH YOU THAT IN THIS BOOK, IT CLASSIFIES IT IS INDUSTRIAL. AND ALSO NOTICED IN YOUR REPORT. WHEN YOU CITED SECTION 3.4 POINT EIGHT. OF THE TOP PLAN, WHICH THE POLICY CORRECT. POLICY 3.4 POINT EIGHTD DEVELOPMENT POLICY. YOU CAN LAND. RIGHT. THAT'S CORRECT. IN THE FUTURE LINE ELEMENT. CORRECT. AND ACTUALLY, WE HAVE THE FULL WOKE UP ON THE BOARD. IS THAT A QUESTION? YES, I SEE IT. BUT IN YOUR REPORT YOU'VE LEFT OFF THE LESSONS. WHY IS THAT? BECAUSE WE'RE NOT ASKING FOR A CHANGE IN THIS CASE FOR A CHANGE IN THE LAND USE WELL, COULD YOU JUST READ THAT LAST SENTENCE FOR THE BORING SO THEY CANNOT UNDERSTAND. NOTHING IN THIS POLICY SHALL BE INTERPRETED AS CHANGING THE LAND USE CATEGORY OF ANY PARCEL IN THE FUTURE LANDINGS NOW. SO AT THE TIME, THE SOUTHPORT NEIGHBORHOOD PLANNING AREA WAS ADOPTED. WOULD YOU AGREE WITH ME WAS MUCH LATER. THEY'RE FLOODED. OVER, LIKE, RIGHT? I WAS NOT IN THE COUNTY WHEN THAT HAPPENED. SO WHEN DID YOU 2000 AND THREE. BUT

[01:40:06]

WOULD REMAIN SO ALL OF YOUR EXPERT OPINION IN THIS REPORT AND WHAT YOU TOLD US TODAY ABOUT HOW SOUTHPORT NEIGHBORHOOD PLANNING AREA DOESN'T ALLOW INDUSTRIAL USES. YOU HAVE TO PUT THEM IN A PARK. ALL OF THAT IS ABOUT NEWLY DESIGNATED INDUSTRIAL AREAS. CORRECT ARE YOU ASKING ME OF MY ENTIRE REPORT? DEPENDS ON THIS ONE POLICY. THE ANSWER IS NO.

CONCERNING THE ASPECTS OF YOUR REPORT THAT TALKED ABOUT THE SOUTHPORT NEIGHBORHOOD PLANNING AREA. THEY'RE NOT SUPPOSED TO HAVE NEW MINING. YOU'RE NOT SUPPOSED TO HAVE IT NEAR RESIDENTIAL THAT IS SUPPOSED TO BE LOCATED IN PARKS. ALL OF THAT COMES FROM THE SOUTHPORT NEIGHBORHOOD PLANNING AREA OVER LAKE OBJECTION TO THE. I WOULD SAY MIS CATEGORIZATION OF WHERE THOSE PROVISIONS ARE. IN THE COMPREHENSIVE PLAN, AND IN THE LAND DEVELOPMENT CODE. THERE ARE SEVERAL DIFFERENT PROVISIONS THAT ARE NOT ALL FROM THE SOUTH COORDINATOR REPLAYING YOU TESTIFY ABOUT THAT. SHE'S THE. WELL, LET'S GO. SO NOT ALL OF THE REPORT IS BASED UPON POLICY.

3.4 POINT EIGHT OKAY? LET'S TALK ABOUT THE ONE THAT SAYS THAT YOU HAVE TO HAVE NEW INDUSTRIAL AND INDUSTRIAL PARK THAT COMES OUT. COMES OUT OF THE SOUTH COURT NEIGHBORHOOD PLANNING AREA, RIGHT? THAT'S SORT OF THE INDUSTRIAL PLACE. AND THAT YOU'RE NOT SUPPOSED TO HAVE NEW INDUSTRIAL USES UNLESS THEY'RE IN APART. SO THE INDUSTRIAL CATEGORY ITSELF. SHOULD NOT BE LOCATED NEAR RESIDENTIAL AREAS. THAT IS NOT PART OF THE SOUTHPORT NEIGHBORHOOD PLANNING AREA OF POLICY. WELL IN YOUR CONSISTENCY EVALUATION. PAGE SIX. THE FIRST THING THAT YOU TALK ABOUT IS THE SOUTHPORT NEIGHBORHOOD PLANNING AREA. AND THAT WHAT USES ARE ALLOWED AND WHAT USES ARE NOT. AND YOU SAY THAT THIS DEVELOPMENT IS INCONSISTENT WITH 3.4 POINT EIGHT AS THE INDUSTRIAL USES NOT LISTED AS A USE WITHIN THE SOUTHPORT NEIGHBORHOOD PLANNING AREA. CORRECT, THAT'S RIGHT. THAT ONE SECTION OF 3.4 POINT EIGHT BEING SLICK. THAT SENTENCE IS INCORRECT, RIGHT? CAN YOU REPEAT YOUR QUESTION, PLEASE? IN YOUR FINDINGS. YOUR OPINIONS ABOUT CONSISTENCY WITH THE CONFERENCE OF PLAN. YOUR PROVISION, CITING 3.4 POINT EIGHT AT THE SOUTHPORT NEIGHBORHOOD PLANNING AREA. FINDING THAT THIS DEVELOPMENT ORDER IS INCONSISTENT. YOU STAY AS THE INDUSTRIAL USES NOT LISTED. AS AN ALLOWABLE USE WITHIN THE SOUTHPORT NEIGHBORHOOD PLANNING AREA. IT IS INCONSISTENT. MY POINT BEING THAT THE COUNTY COMMISSION HAS DETERMINED THROUGH SEVERAL POLICIES IN THE COMPREHENSIVE PLAN THAT INDUSTRIAL USES ARE NOT COMPATIBLE ADJACENT TO RESIDENTIAL USES. AND THIS IS ONE OF THE POLICIES THAT SUPPORTS THAT. OKAY? SO MINCING WORDS HERE, BUT THE ACCORDING TO YOUR REPORT, AND IN YOUR OPINION. THE VERY FIRST THING IN YOUR REPORT, PAGE SIX AND SEVEN.

ABOUT THIS PROJECT BEING INCONSISTENT WITH A FUTURE LANGUAGE MAP IS BECAUSE INDUSTRIAL USES ARE NOT LISTED WITHIN THE SOUTHPORT PLANETARY. THAT'S WHAT IT SAYS RIGHT? I'M SAYING THAT INDUSTRIAL USES ARE NOT LISTED WITHIN THE SOUTHPORT NEIGHBORHOOD PLANNING AREA, SO THAT WOULD NOT BE A REASON TO DENY. THIS DEVELOPMENT ORDER BECAUSE OF THAT SECTION OF 3.48 EXAMPLE OF COMPATIBILITY, WHICH LATER IN THE REPORT, IF YOU CONTINUE TO READ ON TALKS ABOUT,

[01:45:01]

DESIGNATED AREAS, EXISTING INDUSTRIAL PARKS OR COMMERCE PARKS. OKAY. SO AGAIN, IT'S YOUR PROFESSIONAL OPINION THAT IF THERE IS A PROPERTY THAT'S DESIGNATED INDUSTRIAL ZONED INDUSTRIAL, TOO. BUT IT'S NOT IN AN INDUSTRIAL COMMERCE PARK THAT PROPERTY ENTER, CANNOT USE THAT PROPERTY FOR AN INDUSTRIAL USE. NOT SAYING THAT WELL, THAT'S WHY IS IT IN THE SECTION OF IT'S DEMONSTRATING THAT THE COUNTY COMMISSION HAS DETERMINED THAT INDUSTRIAL AND RESIDENTIAL USERS ARE NOT COMPATIBLE TO EACH OTHER. BECAUSE THEY DON'T ALLOW EXISTING THEY DON'T ALLOW NEW CRITERIA. NEW INDUSTRIAL AREAS, PARKS, COMMERCE PARKS, INDUSTRIAL PARKS, HOWEVER, WE WANT TO PHRASE IT ADJACENT TO RESIDENTIAL AREAS. EXCEPT FOR PROPERTIES THAT ARE ALREADY DESIGNATED AND ZONE INDUSTRIAL RIGHT AND THEN THEY NEED TO BE DEEMED COMPATIBLE. SO YOUR ANALYSIS THAT GOES ON THROUGH 67 AND EIGHT IS STILL TALKING ABOUT THE CONSISTENCY. 2.1 POINT. ONE ABOUT HAVE OPINED THAT THIS DEVELOPMENT ORDER IS INCONSISTENT WITH THE FUTURE LAND USE ABOUT BUT CITING 2.1 POINT TWO WHICH ARE THE CRITERIA. DESIGNATING NEW LANDS AS INDUSTRIAL ON THE FUTURE LANDING STAFF. RIGHT MY POINT WITH POLICY 2.1 POINT TWO IS THAT LAST PART FOUR POTENTIAL TO CREATE NUISANCES SUCH AS FUMES, NOISE, ODOR DOES TRAFFIC, ETCETERA, MY POINT BEING THAT THAT HAS NOT BEEN DEMONSTRATED THERE WAS NOTHING IN THE DEVELOPMENT ORDER APPLICATION THAT DEMONSTRATED THAT THOSE THINGS ARE NOT GOING TO ADVERSELY AFFECT OVER TIME. THE EXISTING RESIDENTIAL USES. YES MA'AM. BUT YOU'RE CITING 2.1 POINT ONE, WHICH IS THE SECTION COUNTY HAS ADOPTED FOR CONSIDERATION OF NEW. INDUSTRIAL AREAS ON THE FLU. WHICH IS AN APPLICABLE TO WHAT'S GOING ON HERE. SO YOU'RE PICKING LITTLE PIECES. IN THIS CASE, 2.1 POINT 24 TO CREATE SOME TYPE OF A REASON TO REJECT DEVELOPMENT ORDER. FOR PROPERTY THAT'S ALREADY DESIGNATED ALREADY USED AND ALREADY ZONED INDUSTRIAL, RIGHT. I'M SAYING THAT NEITHER THE COUNTY NORTHERN APPLICANT IN THE COMPATIBILITY ANALYSIS THAT THE APPLICANT SUBMITTED DEMONSTRATES COMPATIBILITY. OKAY WELL, I HAVEN'T GOTTEN THERE YET. I'M STILL LOOKING AT YOUR OPINION THAT SAYS THAT 2.1 POINT ONE AND 2.1 POINT TO FIND THAT THIS DEVELOPMENT ORDER IS INCONSISTENT WITH THE COPS. BECAUSE NO COMPATIBILITY HAS BEEN DEMONSTRATED. ALL RIGHT. WELL, THAT 2.1 POINT TWO DOESN'T SAY ANYTHING ABOUT COMPATIBILITY , IT SAYS POTENTIAL TO CREATE NUISANCES, SUCH AS GM'S NOISE, ODOR, DUST TRAFFIC, ETCETERA.

THAT SHOULD BE A CONSIDERATION WHEN DESIGNATED NEW LAND ON THE FLUME INDUSTRIAL RIGHT. I'M SAYING THAT THOSE FACTORS FUMES NOISE ODOR DOES TRAFFIC ARE GENERAL COMPATIBILITY FACTORS

[01:50:03]

[01:55:04]

ON THE FIELD. WE ARE AND WE'RE ALSO HERE TO SAY THAT THE CODE AND THE PLAN REQUIRES THAT ANALYSIS TO BE CONDUCTED. SO. THE SECTION THAT YOU CITED SECTION 17. OH, FOUR. THAT THERE MUST NOT CREATE AN UNREASONABLE HAZARD OR NUISANCE. HAVE YOU CONDUCTED ANY TYPE OF INVESTIGATION THAT YOU CAN PRESENT TO US TODAY IN THIS APPEAL? TO SAY THAT THE PROPOSED USE WILL CREATE AN UNREASONABLE I HAVE NOT. AND HAVE YOU DONE ANY KIND OF REPORT OR INSPECTION OR EXPERT ANALYSIS TO DETERMINE THAT THIS DEVELOPMENT ORDER? WILL CREATE AN UNREASONABLE NUISANCE. I HAVE NOT CONDUCTED THAT ANALYSIS. AND HAVE YOU CONDUCTED ANY KIND OF STUDY OR PROVIDING ANY KIND OF EXPERT THAT CAN TESTIFY ABOUT WHETHER THE PROPOSED DEVELOPMENT ORDER WILL CONSTITUTE A THREAT TO THE GENERAL HEALTH WELFARE SAFETY OF THE REST. NOT SPECIFICALLY. NO.

SO WHAT YOU'RE TELLING THIS BOARD IS THAT YOUR STAFF DIDN'T DO GOOD ENOUGH. WE DON'T KNOW IF IT IS A HAZARD. WE DON'T KNOW IF IT IS A NUISANCE. WE DON'T KNOW IF THERE IS ANY PROBLEM, BUT WE NEED YOU TO SEND IT BACK TO THE STAFF BECAUSE THEY NEED TO DO BETTER AND FIGURE THAT OUT.

THAT'S WHAT YOU'RE SAYING TODAY, RIGHT? MY WORDS ARE THAT THERE WAS NO COMPATIBILITY ANALYSIS CONDUCTED AND THAT THAT SHOULD HAVE OCCURRED EITHER BY THE APPLICANT, WHICH THE APPLICANTS SUBMITTED. A FOUR PARAGRAPHS. DOCUMENT THAT THEY REFERRED TO AS A COMPATIBILITY ANALYSIS THAT ACTUALLY REFERRED TO MINING ACTIVITY, WHICH I WOULD SUBMIT TO YOU AS A CONDITIONAL USE IN THE ITUNES OWNING CATEGORY, UH, BUT DID NOT DEMONSTRATE COMPATIBILITY. SO I JUST ASKED MR SLOW, NINA. ABOUT THAT COMPATIBILITY ANALYSIS, WHICH IS PART OF THE FILE. IN IT CLEARLY SAYS FROM PANTANAL ENGINEERING THAT THE PROPOSED USES COMPATIBLE SO YOU'RE TELLING US TODAY? THAT IS NOT WHO DO WE BELIEVE, TELLING YOU TODAY THAT THE FOUR PARAGRAPH REPORT THAT WAS CONDUCTED AS A COMPATIBILITY ANALYSIS IS NOT A COMPATIBILITY ANALYSIS. IT'S A STATEMENT THAT SAYS THEY FOLLOWED ALL THE REGULATIONS OF THE LAND DEVELOPMENT CODE. AND IT'S ALSO YOUR TESTIMONY TODAY THAT COUNTY STAFF WHO REVIEWED THIS APPLICATION FOR ALMOST A YEAR.

[02:00:06]

IS THIS PROPOSAL COMPATIBLE WITH THOSE? I HAVE NOT STUDIED THOSE USES TO KNOW EXACTLY WHAT'S GOING ON ON THOSE SITES. YOU SAID THAT YOU DID, AND NOW ANALYZE THE SITE PLAN TO SEE IF THERE WERE SUFFICIENT BUFFERS. DID YOU LOOK TO SEE WHAT WAS PROPOSED TO THE EAST? I DON'T RECALL EXACTLY OFF THE TOP OF MY HEAD. YOU DIDN'T NOTICE THAT THERE WAS A DESIGNATED WETLAND AREA WITH BUFFERS AROUND IT. I DID NOTICE THAT THERE'S A WETLAND AREA ACCORDING TO THE NATIONAL WETLANDS INVENTORY, YES. DID YOU LOOK AT THE SITE PLAN TO SEE THAT THERE WERE BUFFERS DO IT. A 30 FT BUFFER. YES, THAT'S REQUIRED. RIGHT YES, WITH THAT, CORRECT? YES. SO YOU ALSO STATED IN YOUR COMPATIBILITY ANALYSIS IN THIS REPORT THAT IT'S IN YOUR CONCLUSION. THAT INDUSTRIAL TRAFFIC CREATES AN EXTREME SAFETY CONCERN. AND I'M I'M NEED TO UNDERSTAND WHERE ON WHAT BASIS CAN YOU DEFINE THAT IS A SAFETY CONCERN. ONE AND TWO EXTREMES. COMPARED TO THE EXISTING CONDITIONS WHICH ARE TRIPS TO AND FROM RESIDENTIAL USE IS WITHIN THE VICINITY. HEAVY TRUCK TRAFFIC IS A MUCH MORE INTENSE. LARGER TRUCKS, LARGER VEHICLES. I WOULD SAY THAT'S EXTREME FROM EXISTING RESIDENTIAL TRAFFIC SAFETY EXPERT AM I A SAFETY EXPERT? ACCORDING TO THE ASKING, YOU TELL ME. I'M A LAND USE PLAN ER.

SO YOU HAVEN'T YOU'RE NOT AN ENGINEER WHO STUDIED SAFETY ON ROADWAYS, NOT AN ENGINEER.

YOU'VE DETERMINED HERE THAT IT'S EXTREME, WHICH IS MORE THAN IT'S A SAFETY CONCERN. WOULD YOU AGREE? PLANNING POINT OF VIEW, I WOULD SAY IT'S EXTREME. SO ON AN EXISTING ROAD THAT HAS INDUSTRIAL USES MULTIPLE ONES. THE FACT THAT THIS PROPERTY IS GOING TO BE IMPROVED IN YOUR OPINION MAKES IT EXTREME SAFETY . IT WILL INCREASE THE TRUCK TRAFFIC ALONG MCKENZIE ROAD. ARE YOU AN EXPERT ON ANY KIND OF NOISE? ANALYSIS? NOT BUT YOU WILL FIND THAT THIS IS GOING TO CREATE NOISE PROBLEMS, RIGHT? GENERALLY FROM PLANNING SPEAKING TERMS, ADDITIONAL TRUCK TRAFFIC WILL CREATE ADDITIONAL NOISE. WELL, YOU SAID YOU DIDN'T SAY, MAY YOU SAID IT WILL. GENERATE NOISE, SMOKE EXHAUST. AH, EMISSIONS. DUST ADDITIONAL UNNATURAL LIGHTING AND VIBRATIONS. YOU DIDN'T SAY THERE SHOULD BE A STUDY ABOUT THAT. YOU SAID IT WILL SO I NEED TO UNDERSTAND WHAT YOU DID TO MAKE THAT DETERMINATION. SO ANYTIME YOU HAVE A NEW USE, YOU'RE GOING TO HAVE STYLE OWES YOU'RE GOING TO HAVE, UM ADDITIONAL ACTIVITY . IT'S GOING TO CREATE NEW NOISES. IT'S GOING TO CREATE ADDITIONAL TRAFFIC. IT'S GOING TO TRUCKS ARE GOING TO CREATE, UM DUST FROM THE GRAVEL IN THE INSIDE OF THE AREA. WELL YOU UNDERSTAND THE AGGREGATE OFFLOADED. WAREHOUSING IS NOT GOING TO CHANGE RIGHT? WAS ART. THE AGGREGATE AREA. YES, THIS IS WHAT IS CAUSING ALL THE. THE DUST RIGHT AND THAT'S NOT GOING ANYWHERE. THAT'S REGARDLESS OF DEVELOPMENT ORDER IS A FIELD. AND SOMEONE DECIDES THAT IT'S NOT APPROPRIATE THAT AGGREGATE

[02:05:07]

THANK YOU. MS GAUCHER JUST BRIEFLY DID ANY OF MS MENCHU'S QUESTIONS CHANGE YOUR OPINION THAT THE PROPOSED NEW USES INCOMPATIBLE AND INCONSISTENT? NO. THANK YOU. THAT'S ALL I HAVE. I WOULD NEXT CALL RANDY NEWTON. MR NEWTON IF YOU WOULD JUST STATE YOUR NAME AND OCCUPATION FOR THE RECORD, RANDY NEWTON COUNTY, COUNTY AND ZONING HAVE BEEN I'M SENIOR PLANNER WITH COUNTY PLANNING AND ZONING. AND MR NEWTON. WERE YOU THE PLANNER ASSIGNED TO THIS APPLICATION? YES, I WAS. AND I JUST HAVE A FEW VERY BRIEF QUESTIONS FOR YOU. WERE YOU PRESENT IN THE CHAMBERS OR IN THE ROOM WHEN I WENT THROUGH THE DIFFERENT ICTY USE CODES ON THE APPLICATION. TODAY. TODAY? YES, I'VE BEEN IN THE ROOM. AND DID YOU NOTE IN YOUR REVIEW THAT THE APPLICANT HAD USED DIFFERENT? I T E USE CODES AND DIFFERENT NUMBERS OF TRIPS ON DIFFERENT DOCUMENTS THROUGHOUT THE APPLICATION. I DID NOT. UM WOULD THAT BE SOMETHING THAT WOULD INFORM A DECISION AS TO WHETHER OR NOT TO REQUIRE A TRAFFIC STUDY? NOT FROM. THE PART THAT I REVIEWED THAT WOULD BE MORE ALONG THE LINES OF TRANSPORTATION REVIEW. DID TRANSPORTATION REQUIRE A TRAFFIC STUDY IN THIS CASE? I DO NOT RECALL THEM REQUIRING. OKAY AND DID YOU SEE THE FDP NOTICE OF AGGREGATE MATERIAL IN THE WETLANDS AND THAT OUR MATERIAL HAS ENCROACHED UPON THE BAYOU? I BELIEVE I SAW A DOCUMENT WITHIN THE INFORMATION I'VE BEEN PROVIDED SINCE THE APPEAL WAS FOUND. AND ARE YOU AWARE IN THIS CASE THAT THERE ARE ENVIRONMENTALLY SENSITIVE LANDS THAT ARE SUBJECT TO THE DEVELOPMENT? UM, ORDER. YES, THERE ARE WETLANDS. ON THE PROPERTY AND NEXT TO THE. AND DID YOU REQUIRE AN ENVIRONMENTAL IMPACT ANALYSIS IN YOUR REVIEW OF THE APPLICATION DID NOT. UM. DID YOU MAKE ANY NOTE OF THE DIFFERENCES BETWEEN THE 2020 DEVELOPMENT ORDER IN THE 2021 DEVELOPMENT ORDER AS IT RELATES TO AN INCREASE IN INTENSITY. FOR THE CONSTRUCTION OF STORAGE SILOS OR ANYTHING TO THAT EFFECT. IF YOU'RE ASKING, DID I NOTICE THERE WAS A DIFFERENCE IN THE TWO APPLICATIONS? THERE DEFINITELY IS A DIFFERENCE THAT THE SILOS WERE NOT PART OF THE ORIGINAL DEVELOPMENT ORDER. AND ARE YOU AWARE THAT THE SITE CURRENTLY PROCESSES CONCRETE AGGREGATE BUT WILL BE PROCESSING CEMENT? IF APPROVED, IT IS NOT A SUBMIT. FACTORY OR PLANT IF THAT'S WHAT YOU'RE ASKING. THERE WILL BE STORE WHEN I SAY PROCESSING. I GUESS MAYBE I CAN'T DO ANY BETTER TOURNAMENT THEY'LL BE DEALING WITH A DIFFERENT PRODUCT. BETWEEN CONCRETE AND CEMENT. YES, THERE WILL BE DIFFERENT MATERIALS I AGREE WITH. AND, UM, DID YOU REQUIRE A CONDITIONAL USE

[02:10:06]

AND THAT'S UPDATES NUMBER 1 17. AND CAN YOU BRIEFLY? EXPLAIN WHAT A. EXISTING NON CONFORMING USES TO THE BOARD. NONCONFORMING USE WOULD BE IF BUT LET'S SAY. THE ZONING NOW IS RESIDENTIAL.

BUT YET THERE WAS A BUSINESS ACTIVITY THAT WAS NORMALLY REQUIRED TO BE IN A LET'S SAY GENERAL COMMERCIAL ZONING AND THAT BUSINESS HAD ALREADY BEEN THERE. WHEN THAT ZONING WAS ADOPTED AS RESIDENTIAL THAT WOULD BE AN EXAMPLE OF NONCONFORMING USE. AND ARE YOU FAMILIAR WITH SECTION 108 OF THE LAND DEVELOPMENT CODE, WHICH REQUIRES THAT NONCONFORMING USES SHALL NOT BE ENLARGED, EXPANDED , EXTENDED OR USED FOR ADDING OTHER STRUCTURES OR USE IS PROHIBITED ON TWITTER. THERE'S SOME FAMILIAR WITH THAT THERE ARE MORE QUESTIONS. IT'S WRITTEN. YOU'VE BEEN SEEING YOUR PLANNER. HOW MANY YEARS HERE? UR OF YEARS I'VE BEEN SENIOR PLAYER , BUT I'VE BEEN A PLANNER WITH A COUNTY FOR OVER 22 YEARS. AND YOU'VE REVIEWED A LOT OF DEVELOPMENT ORDER APPLICATIONS IN THAT TIME, CORRECT? YES, I HAVE. AND THIS ANALYSIS THAT WAS THE APPLICATION. THAT I SHOWED TO MR SONITA. PROVIDES THAT THE USE OF A. LARGE OFFLOADING FACILITY AND AGGREGATE STORAGE IS COMPATIBLE WITH CORRECT. IN YOUR PROFESSIONAL OPINION IS THE OFFLOADING FACILITY, TRANSPORTATION AND WAREHOUSING. USE THAT'S PROPOSED UNDER THIS DEVELOPMENT ORDER COMPOUND. I LEAVE. IT IS THE CONFERENCE OF POINT. I BELIEVE IT IS. AND IN FACT, THE INDUSTRIAL THE FACT THAT THIS PROPERTY IS UNDER THOSE FUTURE LETTERS, INDUSTRIAL AND ZONE. INDUSTRIAL A INDUSTRIAL USE. BY DEFINITION IS COMPATIBLE. AREA THREAT AGREE.

AND IN THIS PARTICULAR LOCATION IN YOUR REVIEW OF THIS DEVELOPMENT ORDER APPLICATION.

YOU DID CONSIDER ALL OF THE USES AROUND THE PROPERTY. YES, WE LOOK AT THE WHAT AMOUNT SHOWS.

THE INDUSTRIAL TO THE EAST AND THE INDUSTRIAL. AND YOUR EXPERIENCE HERE IN BAY COUNTY, ISN'T IT ALSO TRUE THAT THERE ARE OTHER HEAVY INDUSTRIAL EXISTING USES ON MACKENZIE ROAD.

THAT'S CORRECT. THEY ALSO PROVIDE FOR TRUCK TRAFFIC, RIGHT? I BELIEVE THE ONE DIRECTLY ACROSS THE STREET IS A TRUCKING COMPANY. SO YES, I BELIEVE IT'S CALLED MCKENZIE. ON MACKENZIE ROAD, RIGHT? BELIEVE SO. AND SO THIS AREA THAT THE APPELLANTS HAVE. STARTED TALKING ABOUT IT AS BEING A RESIDENTIAL AREA IS ACTUALLY AN INDUSTRIAL AREA. IS IT NOT? I WOULD SAY IT IS A MIX THAT THE IMMEDIATE AREA TO THE EAST AND THE NORTH IS INDUSTRIAL. AND THE KIDS, HE RODE OUT TO 77 CORRECT CORRECT. UM AND. THERE WAS A TRAFFIC ENGINEER HERE AT BAY COUNTY IN ANALYSIS AND APPROVED THE TRUST. AT THE TIME. THIS CAME IN. ARE PLANNING MANAGER AT THAT TIME, ACTUALLY DID THE TRANSPORTATION REVIEWS PROMOTERS CAME IN HE DID LOOK AT IT HAD AN OPPORTUNITY.

AND HE DID NOT. FIND ANY ISSUES THAT NEEDED TO BE ADDRESSED. SO UNDER THE THEY COUNTY LAND

[02:15:02]

FACILITY WHERE OFFLOADING FROM THE WATER STORAGE AND THEN MOVED TO ANOTHER SITE, RIGHT? CORRECT AND I BELIEVE IT WOULD PRIMARILY BE STORAGE WOULD BE THE AND IS IT YOUR UNDERSTANDING THAT YOU'VE BEEN HERE FOR MANY YEARS, AND THEY FOUND AT THE SITE HAS BEEN USED FOR TRANSPORTATION AND WAREHOUSING. FACILITY FOR MANY. THAT WOULD BE MY UNDERSTANDING BELIEVED THE BULKHEAD. SEE WALL OR EVERYONE CALL IT HAS BEEN THEIR WAY BEFORE ANY OF THESE DEVELOPMENT ORDERS WE TALKED ABOUT. CAME TO US. AND THIS DEVELOPMENT ORDER APPLICATIONS DID NOT REQUIRE ANY TYPE OF AN ENVIRONMENTAL REVIEW. BASED ON THE LAND DEVELOPMENT CODE. SECTIONS CORRECT. THREAT. OKAY.

IT IS NOT IN THE ECOSYSTEM MANAGEMENT AREA, WHICH IF IT WERE THEN TYPICALLY, WE WOULD REQUEST AND ENVIRONMENTAL IMPACT ANALYSIS. BUT IF IN THIS CASE WE DID NOT I BELIEVE THE APPEAL DOES SUGGEST THAT IT IS WITHIN THE ECO MANAGEMENT SYSTEM INSIGHTS THOSE SECTIONS. FOR THE APPEALS BASIS, HAVING REQUIRED AN ENVIRONMENTAL STUDIES. BUT YOUR REVIEW OF THE MAPS OF A COUNTY SHOW THAT THE SITE IS NOT THAT'S CORRECT. EVEN THOUGH IT'S ON THE WATER. IT'S NOT WITHIN THAT DESIGNATED HERE. IT IS NOT. WE HAVE A MAP THAT SPECIFICALLY SHOWS WHAT IS IN AN ECOSYSTEM MANAGEMENT AREA. THAT'S ALL THE QUESTIONS I HAVE AT THIS TIME. JUST BRIEFLY. THE. PLANNING MANAGER WHO REVIEWED THE TRAFFIC WHERE THEY A TRAFFIC ENGINEER. TRAFFIC ENGINEER. YES. DO NOT BELIEVE HE WAS ARE YOU FAMILIAR WITH THE ENVIRONMENTAL ASSESSMENT LANGUAGE INCLUDED ON THE FACE OF THE APPLICATION. IN SECTION G. WHICH REQUIRES THAT ENVIRONMENTAL ASSESSMENTS SHOULD BE INCLUDED WITH THE APPLICATION , AS NOTED ON THE SCREEN. READING THAT ON THE SCREEN NOW.

AND THAT'S AT BATES 1 13 FOR THE FULL DOCUMENT. THOSE ARE MY ONLY QUESTIONS. THANK YOU, SIR, AND FINALLY HAVE 18 MINUTES LEFT. I WOULD CALL MISS CATHY ASHMAN. CATHERINE ASHMAN BACON AND CODE ENFORCEMENT MANAGER. AND. I'LL ASK YOU TO STATE YOUR NAME AND OCCUPATION FOR THE RECORD, ACTUALLY JUST BEAT ME TO THAT. SO AS PART OF YOUR RESPONSIBILITIES WITH A COUNTY OR IF YOU ARE IN CHARGE OF CODE ENFORCEMENT, YES. AND WERE YOU ASKED TO BRING THE CODE ENFORCEMENT FILE RELATED TO THIS PROPERTY TO THE HEARING TODAY? WE DON'T HAVE A FILE FOR THIS.

AND DID YOU ADVISE THAT YOU HAVE NOT RECEIVED ANY CODE ENFORCEMENT COMPLAINTS RELATED TO THE PROPERTY. NOT NOT THAT ARE RELATED TO CODE ENFORCEMENT. HAVE YOU RECEIVED COMPLAINTS RELATED TO THE ACTIVITIES THAT ARE OCCURRING ON THE SITE? I RECALL SOME EMAILS. I CAN'T SAY IT'S FOR THIS PROPERTY OR THE OTHER INDUSTRIAL PROPERTIES. IN REFERENCE TO NOISE. AND LIGHTING. THE NOISE IS HANDLED THROUGH THE BAY COUNTY SHERIFF'S OFFICE, SO IT IS NOT A CODE ENFORCEMENT COMPLAINT. AH! AND AGAIN THE LIGHTING ONE I CAN'T SAY WHETHER IT WAS THIS INDUSTRIAL OR THE INDUSTRIAL NEXT TO IT. THERE WAS A LIGHTING COMPLAINT. THAT WAS FROM ACROSS THE BAYOU. AND THE ORDINANCES DO NOT UH, IT'S FOR ADJACENT PROPERTIES. AND SO IS IT. YOUR TESTIMONY. HERE OR WOULD IT BE YOUR TESTIMONY IF THEIR CITIZENS WHO BELIEVE THAT THEY HAVE COMPLAINED TO BE COUNTY? ENFORCEMENT RELATED TO NUISANCE IMPACTS, SUCH AS NOISE DUST.

HOLDER VIBRATION THINGS OF THAT NATURE. UM, THEY. COUNTY DOES NOT HAVE AN ACTIVE CODE ENFORCEMENT FILE. IN RESPONSE TO THOSE CITIZENS COMPLAINTS. WE DO NOT CREATE FOULS FOR UM, COMPLAINTS. THEY'RE NOT CODE ENFORCEMENT RELATED. SO YES, WE DO NOT HAVE WOULD THOSE BE CODE ENFORCEMENT COMPLAINTS IF SOMEONE CALLED AND SAID. THEY'RE BEING NEGATIVELY IMPACTED IN

[02:20:06]

YOU'RE SAYING THAT BIG COUNTY CODE ENFORCEMENT WOULD NOT TAKE ANY ACTION. ON THE ON THE ONLY ACTION THAT WE WOULD TAKE ON A COMMERCIAL OR INDUSTRIAL WOULD BE THE LIGHTING. AND AGAIN. MY REGULATION. HMM THAT THE ONLY COMPLAINT THAT I'M AWARE OF THAT WE RECEIVED WAS FROM ACROSS THE BAYOU AND FEELING BY YOU. AND IF YOU READ THE ORDINANCE, IT HAS TO BE THE ADJACENT PROPERTY. NO.

AND AN INDUSTRIAL. IT WOULD BE THE INDUSTRIAL FROM THE NOT JUST FROM THE ADJACENT PROPERTY LINE, BUT FROM THE STRUCTURE OF THE ADJACENT PROPERTY LINE. ACROSS THE BAYOU WOULD NOT NEED THAT AS A CODE VIOLATION. THOSE ARE MY QUESTIONS. THANK YOU. ACROSS. 10 MINUTES LEFT. THERE ARE A NUMBER OF CITIZENS WHO ARE NAMED AS APPELLANTS. THE BOARD PREVIOUSLY HEARD FROM MANY OF THESE INDIVIDUALS AT OUR LAST HEARING, I'M HAPPY TO CALL THEM ARE RECALL THEM TO SPEAK TO SOME OF THOSE SAME FACTS. THAT WOULD BE MY INTENT. UM OR IF IT'S YOUR DESIRE, I COULD TENDER MY TIME NOW AND THEY COULD SPEAK DURING THE PUBLIC COMMENT PORTION IT'S YOUR TIME, HOWEVER, YOU WANT TO SPEND IT. I'LL GO AHEAD AND TENDER AND DURING PUBLIC COMMENT PORTION WOULD JUST ASK THAT THE BORDER ALLOW ANY CITIZEN WHETHER OR NOT THEIR NAME DOESN'T APPELLATE. OR JUST A GENERAL CITIZEN BE ALLOWED TO GIVE THEIR COMMENTS DURING THAT TIME. THANK YOU. THANK YOU APPROPRIATE THIS TIME TO TAKE A SHORT BREAK, MAYBE FOR 10 ALL RIGHT. HERE COS BRIAN. WE ARE GOING TO GO AHEAD AND RECONVENE AND TURN IT OVER TO YOU. THERE GAVIN DOCUMENTS. ALL RIGHT. YES, MA'AM.

PLEASURES. THANK YOU VERY MUCH AGAIN. COMMISSIONERS MY NAME IS LISA MENCHU. AND I'M HERE IN KIND OF A DUAL FORM TODAY BECAUSE WE ALSO ARE ASSISTING THE COUNTY STAFF. CAME BACK. YOU STILL CAN'T HEAR ME. ALRIGHT. IS THAT BETTER? OKAY. THANK YOU. I'M HERE IN SOMEWHAT OF A DUAL ROLE TODAY BECAUSE YOUR COUNTY STAFF WILL BE TESTIFYING THROUGH OUR PRESENTATION. AS THE INTERESTED PARTY. UM WE'RE. I GUESS THE EASIEST WAY TO SAY IS WE'RE ON THE TEAM WITH THE STAFF. AND WE SUPPORT THE STAFF AND WHAT THE STAFF HAS DONE IN THIS DEVELOPMENT ORDER APPLICATION. UH AND AFTER HEARING THE APPELLANT'S PRESENTATION TODAY, I THINK IT'S ABUNDANTLY CLEAR NOW. UH, THAT. THE EXPERT OPINIONS THAT WERE PRESENTED INCLUDE MS GAUCHER, UM AND WHENEVER QUESTIONED. UM. ZEALOUSLY AS I AM OBLIGATED TO DO AS A LAWYER. UM, SHE ACKNOWLEDGED THAT MANY OF THE STATEMENTS IN HER EXPERT OPINION. WE'RE NOT ACTUALLY ACCURATE. AND SO WE WILL BE TALKING MORE ABOUT THAT AS WE GO THROUGH OUR TWO HOURS. UM AND ONE OF THE THINGS THAT I THINK IS VERY APPARENT FROM HER OPINION. IS THAT SHE IS ASKING YOU COMMISSIONERS TO MAKE A PRECEDENT HERE. WHICH WOULD BE THAT IF A PROPERTY IS OWNED. AND FUTURE LAND USE MAPS HEAVY INDUSTRIAL THAT IT MAY NOT EVER BE ABLE TO BE USED FOR INDUSTRIAL AND THAT WOULD BE QUITE A CHANGE. UH UM. WHICH WOULD SUBJECT. THE COUNTY. TOO MANY OTHER ISSUES, NOT JUST THIS PROPERTY, SO I JUST ASK THAT YOU CONSIDER THAT AS WE'RE PROCEEDING THROUGH WITH OUR TESTIMONY. WHAT WE ARE ASKING IS TO GO AHEAD AND GET TO WORK. UM THIS PROJECT WILL BE VERY GOOD FOR THIS COMMUNITY. AND IT'S GOING TO BE SOMETHING TO BE PROUD OF. AND WE'VE ALREADY BEEN WAITING SINCE AUGUST OF 2021. TRYING TO GET THIS GOING. AH THE APPELLANT'S WHILE THIS APPEAL WAS PENDING. PUSHED THE EP SO HARD THAT THEY FINALLY CAME OUT

[02:25:06]

TO TRY TO DELAY THE PROJECT TO TRY TO GET HOLLY'S HEAD. TO MOVE ON AND GO SOMEWHERE ELSE. AND I WILL TELL YOU WITHOUT QUESTION. HOLLINGSHEAD IS GOING NOWHERE. THIS IS THEIR SITE. AND THEY ARE GOING TO BE USING IT. UM SO. THE FIRST WITNESS. I'D LIKE TO CALL US IAN CRAWLING WHO IS YOUR COUNTY DEVELOPMENT DIRECTOR. HELLO. HI. MR CRAWLING IF YOU COULD TELL US YOUR POSITION HERE AT THE COUNTY AND HOW LONG YOU'VE HELD IT? SO MY NAME IS IAIN CRAWLING. I'M THE DIRECTOR OF COMMUNITY DEVELOPMENT. I'VE HELD THAT TITLE SINCE DECEMBER OF 2018. HAS BEEN WITH THE COUNTY SINCE JANUARY OF 2003. AND MR CRAWLING. COULD YOU TELL US A LITTLE BIT ABOUT YOUR EDUCATIONAL BACKGROUND? SURE I HAVE A BACHELOR'S AND A MASTER'S DEGREE IN URBAN AND REGIONAL PLANNING FROM THE UNIVERSITY OF ILLINOIS. IN 2006 RECEIVED MY AI CP CERTIFICATION. ALRIGHT, SO THAT'S THE SAME CERTIFICATION THAT FUTURE HAS CORRECTLY. THAT'S CORRECT. E. AND AS A COUNTY DEVELOPMENT DIRECTOR, DO YOU OVERSEE? UH REVIEWS OF DEVELOPMENT ORDER APPLICATIONS.

I DON'T PERSONALLY BUT MY, MY EXCELLENT STAFF DOES. AND SO THIS DEVELOPMENT ORDER APPLICATION WAS REVIEWED BY YOUR STAFF. CORRECT. THAT'S CORRECT. AND DID YOU AND YOUR STAFF HAVE AN OPINION AS TO WHETHER OR NOT THIS DEVELOPMENT ORDER APPLICATION. WAS CONSISTENT.

WITH THE CONFERENCE OF PLAN. SINCE WE ISSUED THE DEVELOPMENT ORDER, THE ANSWER TO THAT WOULD BE YES, IT WAS CONSISTENT. THAT IS CORRECT AND AGAIN, IN YOUR PROFESSIONAL OPINION BASED ON YOUR STAFF'S REVIEW OF THIS APPLICATION. DID YOU FIND THAT THE PROPOSED USE WAS COMPATIBLE.

WITH THE EXISTING USES SURROUNDING IT. YES. THAT'S ALL I HAVE FOR MR CROWLEY. MISTER BIRLING. JUST BRIEFLY. WERE YOU INVOLVED IN THE DECISION NOT TO REQUIRE AN ENVIRONMENTAL IMPACT ASSESSMENT IN THIS MATTER. WERE YOU INVOLVED IN THE DECISION NOT TO REQUIRE A TRAFFIC STUDY IN THIS MATTER. THANK YOU. THOSE ARE MY QUESTIONS, MR CRAWLING JUST TO BE CLEAR. YOU DIDN'T PERSONALLY DO THAT. BUT THAT WAS THE STAFF FOR THE COUNTY THAT DID THAT'S CORRECT REPORT TO YOU. CORRECT, CORRECT. AND OR IS THERE ANYTHING ABOUT THE STAFF THAT REPORTS TO USE DECISIONS ABOUT THE TRAFFIC ANALYSIS OR ENVIRONMENTAL ANALYSIS THAT YOU FIND INCORRECT. THANK YOU. NEXT WITNESSES, WAYNE PORTER. MR PORTER. CAN YOU TELL US WHAT YOUR EMPLOYMENT IS WITH THE COUNTY? YES. UH, MY NAME IS WAYNE PORTER. I'VE ON THE BAY COUNTY PLANNING MANAGER. AND AS OF THE PLANNING MANAGER FOR THE COUNTY IS PART OF YOUR JOB TO OVERSEE REVIEW OF DEVELOPMENT ORDER APPLICATIONS. THAT'S CORRECT. I DON'T REVIEW THEM DIRECTLY, BUT MY STAFF DOES. AND COULD YOU GIVE US A HISTORY OF YOUR EDUCATIONAL BACKGROUND? SURE THEY MASTERS DEGREE IN PUBLIC ADMINISTRATION. I RECEIVED MY AI CP CERTIFICATION LAST YEAR, 2028. AND HOW LONG HAVE YOU BEEN WITH THE COUNTY? I'VE BEEN WITH THE COUNTY SINCE JANUARY OF 2004 HAVE BEEN WITH THE PLANNING AND ZONING DIVISION. SINCE JULY OF 2007. SO THE TIME WHEN THIS DEVELOPMENT ORDER APPLICATION CAME THROUGH THE COUNTY, YOU WERE THE PLANNING MANAGER. NO. I BECAME PLANNING MEN MANAGER SHORTLY AFTER THE APPLICATION WAS RECEIVED. I WAS DESIGNATED

[02:30:07]

YES, IT IS. THERE WAS SOME TESTIMONY THIS MORNING THAT THE COUNTY WAS JUST GIVING HOWLING, SAID CARTE BLANCHE TO DO WHATEVER THEY WANTED WITH THE PROPERTY. WOULD YOU LIKE TO ADDRESS THAT? UH SURE. I DON'T. I DON'T THINK THAT, UH, THAT'S AN ACCURATE STATEMENT. UM AS HAS BEEN DISCUSSED. THIS PROPERTY HISTORICALLY HAS HAD AN INDUSTRIAL LAND USE DESIGNATION.

WITH A ZONING CLASSIFICATION SINCE WE ADOPTED ZONING IN 2004 THE I N D TO INDUSTRIAL TO CLASSIFICATION. UM. THEREFORE THOSE OWNING ARE THOSE USES THAT ARE LISTED WITHIN OUR LAND OF ELEMENT REGULATIONS OF ALLOWABLE USES WITHIN THE CATEGORIES WILL BE PERMITTED. AND YOU WERE HERE WHEN THE EXPERT FOR THE PELLETS JUSTIFIED MISS GOOCH ARE CORRECT. YES, MA'AM. UM AND DO YOU AGREE OR DISAGREE WITH HER OPINION THAT A PROPERTY THAT IS ZONED AND DESIGNATED. HEAVY INDUSTRIAL MAY NOT BE ABLE TO BE USED FOR INDUSTRIAL USE BASED ON THOSE CITATIONS THAT SHE MADE YOU AGREE OR DISAGREE WITH THAT. I DISAGREE. THAT'S ALL THE QUESTIONS I HAVE. THANK YOU. MR PORTER. WERE YOU INVOLVED IN THE DECISION NOT TO REQUIRE AN ENVIRONMENTAL ANALYSIS IN THIS CASE? NO, I WAS NOT. WERE YOU INVOLVED IN THE DECISION NOT TO REQUIRE TRAFFIC IMPACT STUDY IN THIS CASE, NO. AND ARE YOU FAMILIAR WITH NONCONFORMING USES? YES, I AM. AND IS A NONCONFORMING USE A USE THAT EXISTS ON A PROPERTY. WERE SUBSEQUENTLY THE CODE CHANGES AND PROHIBITS THAT EXISTING USED BE WHERE YOU HAVE AN EXISTING USE ON THE PROPERTY. WHERE THAT PROPERTY IS NOT. DOES NOT HAVE THE LAND USER ZONING DESIGNATION FOR PERMIT THAT ACTIVITY ANY LONGER. SO THE USE PREDATES. REGULATION. WHICH DOESN'T ALLOW FOR IT. THE USE WAS THERE FIRST.

THE EU'S PREDATES THE LAND USE AND ZONING DESIGNATION. IN THOSE CASES IS. IF YOUR UNDERSTANDING BASED ON THE COUNTY LAND DEVELOPMENT CODE THAT ENOUGH FORMING USE CANNOT BE EXPANDED.

OR INTENSIFIED. SECTION ONE OF. EIGHT THAT'S CORRECT QUESTION. MR PORTER, THE EXISTING USE AT HOTLLY SAID PROPERTY. IS DESIGNATED FLUME AND ZONED. HEAVY INDUSTRIAL CORRECT. THAT'S CORRECT. SO THE EXISTING AGGREGATE USE THERE IS NOT A NONCONFORMING USE. IT IS A CONFORMING USE CORRECT. THAT IS CORRECT. SO THE QUESTIONS PRESENTED TO YOU ABOUT EXPANDING THAT USE ARE NOT APPLICABLE BECAUSE THIS PROPERTY IS PROPERLY ZONED FOR THAT USE.

CORRECT CORRECT. AND MISS GU CHER'S STATEMENTS THAT THERE ARE VARIOUS SECTIONS THROUGHOUT THE PLAN AND THROUGHOUT THE LAND DEVELOPMENT CODE THAT YOU CAN PULL PIECE HERE. PULL A PIECE HERE, PULL PIECE ARE SOMEHOW GOING TO RESTRICT PROPERLY ZONED INDUSTRIAL PROPERTIES FROM BEING USED. YOU AGREE OR DISAGREE. I WOULD DISAGREE WITH THAT. AND EVEN IF LET'S SAY WORST CASE SCENARIO, WE HAVE ANOTHER HURRICANE. AND ALL OF THE INDUSTRIAL USES ON MACKENZIE ROAD WERE DESTROYED, COMPLETELY WIPED AWAY. CAN THOSE OWNERS COME BACK AND STILL USE THOSE PROPERTIES FOR INDUSTRIAL AND YOUR OPINION? IF THEY HAVE THE INDUSTRIAL LAND USE AND ZONING DESIGNATIONS? YES EVEN THOUGH THEY'RE IN THE SOUTHPORT PLANNING AREA, THAT'S CORRECT.

AND IS THAT BECAUSE OF 3.4 POINT EIGHT LAST SENTENCE THAT SAYS THAT THIS OVERLAID DOES NOT

[02:35:07]

WAS THAT SOLD TO DR SCHWARTZ. AND THEN IS IT YOUR UNDERSTANDING THAT DR SCHWARTZ THEN SOLD TO THE CURRENT OWNER? YES, MA'AM. AND FOR REFERENCE. UM I DO WANT TO ENTER INTO EVIDENCE. ALL OF THE EXHIBITS IN OUR BOOK. THAT WE HAD PREVIOUSLY PROVIDED YOU. THAT'S EXACTLY WITHOUT OBJECTION. YEAH IN THE BOOK, MR SITES. THERE ARE SEVERAL DEEDS EXHIBIT ONE. THOSE ARE SOME OF THE DEEDS THAT SHOW YOUR FAMILY'S OWNERSHIP OVER TIME. CORRECT? YES, MA'AM. MR. SYKES UM, YOU'VE BEEN HERE THIS MORNING. YOU'VE HEARD SOME OF THE TESTIMONY ABOUT UM THEY'RE BEING A D E P WARNING LETTER ISSUED RECENTLY. CORRECT YES, MA'AM, AND YOU ARE NOW EMPLOYED WITH THE OWNER HAULING, SAID MATERIALS LLC. CORRECT? YES, MA'AM. AND DID THE COMPANY ADDRESS THOSE CONCERNS BY DP IMMEDIATELY. AND WERE THOSE ISSUES RELATED TO THE WETLANDS ON THE PROPERTY, SOMETHING THAT COLLEAGUES HAD INTENDED TO DO AS A PART OF THIS DEVELOPMENT ORDER CORRECT, WERE PROHIBITED FROM DOING IT BECAUSE OF THE STAY THAT'S IN PLACE. HOW LONG DID IT TAKE FOR HOLLINGSHEAD, TOO? MAKE THE CHANGES THAT DP REQUESTED THREE DAYS. HMM. TO YOUR KNOWLEDGE. WERE THERE ANY OTHER CITATIONS OR ANY WARNING LETTERS EVER ISSUED BY ANY AGENCY AGAINST THIS PROPERTY IN YOUR EXPERIENCE? THAT'S ALL I HAVE FOR MR SYKES. MR SYKES AS PART OF YOUR ROLE WITH HOLLINGSHEAD SORRY YOU LIKED. I CAN'T HEAR. I'M OLD. SORRY ABOUT THAT AS PART OF YOUR ROLE WITH HOLLINGSHEAD. ARE YOU INVOLVED IN THE PRIOR 2020 DEVELOPMENT ORDER? SO YOU WOULD NOT HAVE BEEN RESPONSIBLE FOR CALLING FOR AN INSPECTION OR CERTIFICATE OF ACCEPTANCE FROM THE COUNTY. AND WAS FDP OUT ON SITE YESTERDAY TO INSPECT THE VIOLATIONS IN THE WARNING LETTER. I CAN'T SAY THAT THEY WERE THERE YESTERDAY. I WAS HERE. OKAY OR YOU AWARE WHETHER OR NOT THEY'VE BEEN OUT IN THE PAST FEW DAYS TO INSPECT THE VIOLATIONS AND THE WARNING LETTER UM NOT. IN A KNOWLEDGE OF ANY WARNING LETTER. OKAY SO YOU'RE NOT FAMILIAR WITH THE FDA WARNING LETTER THAT YOU WERE JUST ASKED ABOUT BY MS MIN CHU. THEY CAME OUT AND SAID THEY HAD AN OUTSIDE INSPECTION. THEY SAID WHAT THEY WANTED DONE, AND WE IMMEDIATELY DID IT. AND HAS D E P SIGNED OFF OR APPROVED. THE WORK PERFORMED AS BRING THE PROPERTY INTO COMPLIANCE WITH THEIR EXACTLY WHAT THEY SAID. IS IT YOUR TESTIMONY THAT THEY WERE NOT OUT THERE YESTERDAY? YOU'RE NOT AWARE WHETHER OR NOT THEY WERE OUT THERE YESTERDAY AND SAID THAT THERE'S STILL WORK TO BE DONE, JUST SAID ALL RIGHT. THOSE ARE MY QUESTIONS, SIR. I'M GONNA CALL TOMMY CHAIRS. COULD

[02:40:05]

YES MA'AM, IT'S ALL ONE POCKET. OKAY SO YOU'RE THE GENERAL MANAGER FOR THE WHOLE STATE OF FLORIDA? YES, MA'AM. AND THAT INCLUDES THE SITE, UM IN SOUTHPORT. A COUNTY. YES, MA'AM.

AND DID YOU RECEIVE THAT WARNING LETTER FROM D E P. I WAS INFORMED ABOUT IT ON MY RIDE HERE THIS MORNING, ABOUT THREE HOURS AND 15 MINUTES AWAY, ALL RIGHT, AND AS FAR AS YOUR UNDERSTANDING DID, UH, HOLLING SAID MATERIALS TAKE CARE OF ALL ISSUES THAT THE EP HEDBERG QUESTED. YES MA'AM. I DID IT MYSELF UP HERE AND DID IT MYSELF. OKAY? UH SO EVEN THOUGH YOU DIDN'T HEAR ABOUT THE LETTER , SO TO SPEAK TO THAT UNTIL TODAY, YOU KNEW ABOUT THE ISSUE ABOUT THE YES THAT THE LETTER OUT RIFFS REFERRED TO WAS THE ONE WE GOT TODAY OR YESTERDAY, OKAY? AND TELL ME ABOUT THAT. UM, THEY. WE HAD. WE DIDN'T START IT. WE SEEDED IT AND HATE IT. AND THEN. WE EVIDENTLY HAD A BIG RAIN AND ACTUALLY, THERE WAS ONE POINT THAT WE HAVE SOME RUNOFF. AND IT WILL BE FIXED BEFORE I LEAVE HERE TODAY. SO IT WAS REQUESTED TO PUT IN SOME SIDE. NO. JUST UP. I'LL MAKE THE DECISION NOT TO PUT IN THOSE SIDE BECAUSE I DIDN'T KNOW WHERE IT WAS GOING TO MOVE. OKAY SO WHAT? JUST TELL, YOU KNOW WHERE I'M WORKING? THAT'S WHAT I'M GONNA DO. JUST TELL THE BOARD WHAT YOU PLAN TO DO THIS AFTERNOON. WE'RE GONNA FIX EVERYTHING THAT THEY STARTED IN THERE. LEAD. SO YOU DID THE ORIGINAL WORK. AND THEN THERE WAS A HEAVY RAIN YESTERDAY. AND SO NOW THEY WANT YOU TO COME BACK AND STABILIZES INSPECTED YESTERDAY. SHE'S CORRECT. THEY INSPECTED HISTORY, BUT I WASN'T HERE. I'VE BEEN I'VE BEEN LAID UP. I HAD A KIDNEY STUFF, OKAY? AND YOU'RE GOING TO TAKE CARE OF THAT TODAY. UM AND IS THAT THE PRACTICE OF SMR AND HOLLINGSHEAD MATERIALS TO TAKE CARE OF ANYTHING THAT COMES UP FOR MANY OF THESE AGENCIES IN YOUR SIGHTS? YES, MA'AM. AND WITH THIS WORK HAVE BEEN DONE PREVIOUSLY IF THIS APPEAL HADN'T BEEN FILED, YES, MA'AM. THAT'S ALL THE QUESTIONS I HAVE. MR CHAIR IS JUST SO WE UNDERSTAND FDP WAS ON SITE YESTERDAY. YES, MA'AM. I WASN'T HEARING MY ENVIRONMENTAL HAVEN WAS HERE. AND SUBSEQUENT TO THAT SITE INSPECTION. THEY ISSUED YOU ANOTHER LETTER TODAY. I DON'T I DON'T KNOW IF IT WAS A LETTER SHE SAID SHE WAS GONNA SEND IT TO ME TODAY. I HAVEN'T LOOKED AT MY EMAIL OR NOTHING LIKE THAT. SHE TOLD ME, SHE SAID ONE LITTLE AREA. THAT THE RAIN HAD WASHED AWAY AND. I DIDN'T WANT TO TEAR OUT THE EDUCATION. SO I'M FAR TOO TEENAGERS OFF FROM MYSELF FENCE. AND THEY WANT ME TO MOVE WELL ACTUALLY TOLD ME NOT TO MOVE THE SILK. THEY WANT ME TO PUT UP ANOTHER SILK FENCE. DO THAT MEDICATION. BOB TEACHING INCHES OFF OF THE OTHER ONE. SO THAT FAR SO THERE'S STILL WORK TO BE DONE TO ADDRESS THE FDP RELATIONS WILL BE DONE TODAY. AND YOU ARE THERE WASN'T ANY PROPOSED FINE OR ANYTHING LIKE THAT CORRECT. NOT THAT I'M AWARE OF. ALL RIGHT. AND AS FAR AS YOU KNOW, WERE THERE EVER ANY OTHER CITATIONS OR WARNING LETTERS FOR THAT SITE SINCE YOUR COMPANY'S ONE INSPECTION A WEEK LATER, EVERYBODY CAME. I WENT TO ANOTHER. I THINK I WENT THROUGH FOUR OR FIVE INSPECTIONS IN THE LAST TWO MONTHS. AND YOU'VE ALSO RETAINED THE PIN TO ENGINEERING COMPANY AS WELL AS DANIEL BERGEN AS A FLORIDA P E. TO HANDLE A LOT OF THOSE TERM. IT'S CORRECT. AND THEY'RE HERE TODAY. THAT'S ALL. THANK YOU. ALRIGHT. THE NEXT WITNESS WILL CALL IS, UM AS RON CHANEL. HE'S A SENIOR PROJECT MANAGER FOR PENTA. AND I BELIEVE MR SNELL HAS SOME VIDEO. SO YOU HAVE, I HOPE HOPE AS RATIONALLY I'M WITH BENT ENGINEERING, AND WE'RE AT THE 10123 SAINT LOUIS. SORRY

[02:45:01]

YES. AND IN THE BOOK THAT'S BEEN PROVIDED TO THE COMMISSION. THOSE PERMITS, UM, ARE FOUND EXHIBITS FOR. THROUGH 10. YOU PROVIDED TO US? THAT'S CORRECT THAT INCLUDES THE FEDERAL AIR PERMIT. WORK THAT'S BEING DONE. THE DP STORMWATER. CORRECT YES, CORRECT. TELL US THE OTHERS. SO WE HAD TO HAVE TWO STORMWATER PERMITS FROM THE FDP ONE FOR THE CONSTRUCTION OF THE SITE, WHICH TAKES INTO CONSIDERATION ALL OF THIS. DANCING AND EVERYTHING AND THEN ANOTHER ONE FOR THE OPERATIONS. AFTER AFTER CONSTRUCTION IS COMPLETE. WE ALSO HAD TO HAVE THE FDP AIR PERMIT. SO UNDER THE APPLICATION WERE EXEMPT. FROM HAVING A FULL BLOWN AIR OPERATED PERMIT BECAUSE OF THE EMISSIONS THAT WILL BE PRODUCED AT THE SITE. HOLLANDE SAID, HAS MOVED FORWARD WITH. THE EXTRA STEP OF PURSUING THE AIR OPERATING PERMIT FOR THAT LOCATION. SO THAT WILL PUT A LOT MORE RIGOR FROM THE FEDERAL DEPARTMENT OF ENVIRONMENTAL PROTECTIONS ON THE AIR EMISSIONS FROM THAT SIDE. SO EVEN THOUGH YOUR YOUR SYSTEM. TRANSPORTATION OF THE OF THE CEMENT PRODUCT WOULD NOT REQUIRE AN AIR PERMIT. HOLLY SAID, HAS GONE A STEP FURTHER. AND REQUESTED ONE SO THAT YOU WOULD BE REGULATED. IS THAT RIGHT IS CORRECT. YES. AND ARE YOU FAMILIAR WITH THIS ISSUE THAT CAME UP THIS WEEK ABOUT THE STORM WATER? THAT MR CHAIRS HAS BEEN ADDRESSING. NO, I'M NOT. AS THE OWNER. YOU LET THE OWNER HANDLE THAT. THAT IS CORRECT.

YES. ALRIGHT AND MR SNELL, IN YOUR PROFESSIONAL OPINION, THE DEVELOPMENT OF ORDER APPLICATION . UH DOES IS IT CONSISTENT WITH THE LAND DEVELOPMENT CODE AND THE CONFERENCE OF PLAN OF A COUNTY? OBJECTION MR. CHANEL IS NOT AN EXPERT IN LAND USE. MR CHANEL, HAVE YOU APPLIED AND PROCESS THIS APPLICATION TO MEET EVERY ASPECT OF THE CODE THAT YOU KNOW OF, AND ANY SECTION OF THE CODE THAT COUNTY STAFF HAS DIRECTED YOU TO THE BEST OF MY ABILITY? YES MADE ANY ANY CHANGES OR REQUEST? REQUESTED THIS, KAREN. AND YOU'VE HAD AN OPPORTUNITY TO READ THE APPEAL THAT'S BEEN FILED ANYTHING IN THAT APPEAL. CHANGE YOUR OPINION ABOUT THAT. YOU'VE DONE EVERYTHING THAT THE COUNTY HAS REQUESTED OR IS REQUIRED UNDER THE LAND DEVELOPMENT. NO, IT IS NOT. THE APPLICATION DID NOT REQUIRE A FULL TRAFFIC STUDY. CORRECT. THAT IS CORRECT. AND THAT IS BECAUSE THE COUNTY CODE DOESN'T REQUIRE IT. CORRECT. THAT IS CORRECT. AND YOU RETAINED A FLORIDA PROFESSIONAL ENGINEER, MR BERGEN TO HANDLE ANY PARTICULAR FLORIDA. ASPECTS OF THE APPLICATION. CORRECT CORRECT THE BEST PERSON TO ADDRESS THE TRAFFIC? YES, HE WOULD. THERE'S ALSO BEEN QUESTIONED ABOUT WHETHER THERE IS A NEED FOR AN ENVIRONMENTAL STUDY. UM HOLLY SAID, DID NOT PREPARE A FULL ENVIRONMENTAL STUDY. CORRECT CORRECT. THAT IS

[02:50:03]

THAT WOULD COME DOWN AND IT WOULD RAIN ONTO THE SITE OF THE DIRECTED TO A STORAGE. THE POND WHERE IT WOULD THEN EVAPORATE OR SLOWLY DISSIPATE INTO THE BAY. SO THERE WON'T BE ANY CARRY OVER. SETTLEMENT INTO THE BAY AREA. AND THAT'S BEEN APPROVED BY DDP AND PART OF THE STORMWATER PERMIT. CORRECT. AND THERE WON'T BE ANY CHANGES TO THE SEAWALL. OTHER THAN UM, THE USE THAT WHERE WE'RE GOING TO UNLOAD THE CEMENT CORRECT. THERE WILL BE NO CHANGES TO THE SEAWALL. THAT'S CORRECT. AND IS THERE A WITCH PLANNED AS PART OF THE PROCESS? CURRENTLY THERE ARE NO THE ONLY WAY TO MOVE THE BARGES, EITHER BY BY BRINGING IN A TUGBOAT OR YOU HAVE TO USE THE CLAMSHELL TO MOVING BACK AND FORTH. WHICH IS KIND OF CUMBERSOME, TAKES A LITTLE TIME.

SO WE WILL BE INSTALLING A SYSTEM THAT WILL ALLOW US TO IN THE BARGES BACK AND FORTH. AND IT'S A VERY SIMPLE PROCESS. THE OPERATORS WE ONLY HAVE TO TURN A SWITCH AND PUSH THE START BUTTON WILL BE EMERGENCY. SHUT OFF FOR ALL THAT, BUT ESSENTIALLY THAT WILL ALLOW THE BARS TOO. 100% BACK AND FORTH IN A MATTER OF ABOUT FIVE SO I MEAN, IT'S NOT GOING TO DO THAT. THE NORMAL COURSE OF OPERATIONS. IT WAS SLOWLY AS THE OPERATORS MOVED IT, BUT IT WILL GIVE THEM THE ABILITY TO MOVE IT AND THEN THE DIRECTION I WANTED TO SO IF YOU COULD DESCRIBE IT A LITTLE BIT MORE FOR US THAT ARE LIKE PEOPLE IN THE SYRIA. WHAT IS A WITCH AND WHERE IS IT LOCATED? YES SO I DON'T KNOW IF I CAN EXPLAIN A WINCH ANY BETTER, BUT ESSENTIALLY, YOU KNOW, IT'S AN ELECTRIC MOTOR. THAT'S GOING TO BE CONNECTED TO A SCHOOL OF WIRE, AND THAT'S GONNA GO THROUGH SOME SOME SCHOOLS THAT WILL INCREASE THAT'S THE MOTORS ABILITY TO PULL ON THE BARGE.

YOU'LL HAVE FAIR LEAKS, SO THAT'S WHERE THE WIRES WRAPPED AROUND. ON EITHER END OF THE MARCH. LOCATION AS CLOSE AS YOU CAN, SO THAT YOU CAN PULL THE BARGE WITH THOSE WIRES BACK AND FORTH ACROSS THE FRONT OF THAT MARKET, CURRENTLY WITH THE AGGREGATE WAREHOUSING AND TRANSPORTATION FACILITY. THAT MOVEMENT IS DONE WITH A TUGBOAT OR SOME TYPE OF VOTE. YES THAT WON'T BE NECESSARY WANTS. THIS PROJECT IS FINISHED. THE TURK WILL STILL BRING THE BARGE INTO PLACE, BUT ONCE IT'S SECURED, WILL LEAVE THE AREA. IT WITH WENCHES. ONLY, YES. AND IF AT ANY TIME THE BARGE IS LOCATED ANYWHERE NEAR THE PUBLIC BOAT RAMP. AND THE BOAT WAS TO WANT TO COME IN. THIS BARGE CAN BE MOVED IN FIVE MINUTES. IS THAT RIGHT? THAT'S CORRECT. WITHOUT THE USE OF ANY KIND OF A TUG. YES IT WILL JUST GO ALONG THIS WIRE. WHICH IS TOTALLY 100% AND CLOSED ON THE PROPERTY ITSELF. I WON'T INTERFERE WITH ANY OTHER ALRIGHT. I BELIEVE YOU. YOU HAD SOME VIDEOS. YOU WERE GOING TO SHOW US IF YOU JUST DESCRIBE TO THE COMMISSIONERS WHAT THEY'RE GOING TO SEE KILLER. WE'RE DOING IT NOW. OKAY? WHILE THAT'S ACTUALLY DESCRIBE WHAT THEY'RE GOING TO SHOW, SO THE LOADER IS A STATE OF THE ART UNLOADED FORCE. FOR USE IN FIVE MATERIAL.

BARGE UNLOADING. SO THE COMPANY THAT'S PRODUCING THIS IS IN SWITZERLAND. THEY ALSO PRODUCE VERY LARGE AND LOADERS FOR BEEP SEA PORTS. SO THESE ARE THE FIRST SHIPS THAT TRANSATLANTIC TRANSPACIFIC TRANSIT FUTURE. SO THIS PARTICULAR ONE THAT WE'RE GOING TO USE IS A MOBILE AND LOADER CAN COME IN. BE SET UP. IT'S 100% IN CLOTHES CAN GO. SO IT USES SCREW CONVEYORS. TO

[02:55:07]

THREE ACRES SITE HAS BEEN BROUGHT UP BEFORE THE BULK OF ACTUAL. AREA IS GOING TO BE WETLANDS AND BUFFER BETWEEN THE JASON PROPERTIES. SO THE AMOUNT OF AGGREGATE ON SITE WILL END UP BEING ONE. AND THE CONCRETE MATERIAL. CAN YOU EXPLAIN A LITTLE BIT MORE ABOUT WHAT IT IS? YES, CONCRETE. IT'S ACTUALLY CEMENT POWDER WILL BE BROUGHT IN. ON THE BARGES. SO THIS IS A POWDER AGGREGATE. IT'S PROCESSED AND MADE OFF LOCATION. WE'RE JUST BRINGING IN THE BOOK, HOWARD CEMENTS. WE'LL UNLOAD THAT VIA THE UNLOADING SYSTEM. I JUST DESCRIBED STORING THE SILOS AND THEN THAT WILL BE OFFLOADED INTO 25 TONS. TANKER TRUCKS. THAT WAS HAULED UP AND HAULED OFF TO OTHER RHYTHM, READY MIX PLANTS OR OTHER SIDES WITH CONCRETE PROCESSING CAPABILITIES. SO THIS SITE WOULD NEVER BE USED FOR ONE MINING. NO MONEY. NO AND WOULD NOT BE USED TO MAKE CONCRETE RIGHT. THAT IS CORRECT. THERE IS NO READY MIX. THERE'S NO READY MIX OPERATIONS ON THIS SITE. IT'S JUST FOR THE STORAGE OF THE MATERIALS AND COMPONENTS TO PRODUCE. FREE TRANSPORTATION, WAREHOUSING. CORRECT. OKAY. I THINK YOU'RE READY HERE. SO LET'S SAY THE MINISTER SAID. YES, RICHARD. WELL, WE DID. IS IT GOING TO PLAY? SO THAT'S THAT'S A PICTURE OF THE LOADER UNFOLDING SO ONE OF THE ADVANTAGES TO THIS SYSTEM , WHICH DOESN'T LOOK LIKE THE VIDEOS DON'T PLAY. SO AND MAYBE TOUCHING MOTHERS. I SHOULDN'T HEAR. BUT IT COMES IN. IT'S ON A TRAILER. IT'S NOT PERMANENT. YOU KNOW, I DON'T FOLD ABLE TO UNLOAD THE INTENT IS FOR IT TO BE THE MAJORITY OF THE TIME IN THE OPERATIONAL POSITION. HOWEVER, IF A STORM COMES IN YOU KNOW, THIS PIECE OF EQUIPMENT IS CAPABLE OF BEING TAKEN DOWN. WHO BUILT THE SITE TO PROTECT IT FROM THE PROMENADE STORM. SO WHAT YOU CAN SEE IS THAT THERE'S A VERY LARGE MASSED IN THE MIDDLE OF IT. IT'S ABOUT 40 FT. TALL. AND THEN YOU HAVE THE ELECTRIC MOTOR AND HYDRAULIC SYSTEM. THAT'S IN RED. AND THEN ALL THE REST OF THE TO THE TO MY RIGHT. IS THE ENCLOSED CONVEYER

[03:00:06]

YOU DON'T IT'S NOT LIKE WHEN YOU DROP ROCK ONTO A PEN OR INTO A TRUCK OR ANYTHING LIKE THAT.

IT'S THIS IS BOTH POWDER. SO YEAH, AT AT THE BEGINNING POINT WHERE IT'S COMING OUT OF THE BARGE, AND WHEN IT'S COMING INTO THE SILO THOSE ARE ENCLOSED TUBES CORRECT. 100% OF THE SYSTEMS IN CLOSE SO EVEN THOUGH THIS IS INTENDED TO BE SET UP AS A PORTABLE, UNLOAD ER AND LOOK DIRECTLY INTO TRUCKS. IT'S ACTUALLY GONNA BE ATTACHED TO A SEMIPERMANENT. ENCLOSURE THAT ATTACHES TO THE CONVEYOR BELT. SO. THEY'LL HAVE TO BE WORK DONE TO GET THIS TO BE BROKEN DOWN TO BE ABLE TO MOVE. BUT YES, IT WILL BE. FLOW DIRECTLY INTO THE POST EMBARRASSED NOW. IT WILL NOT BE OPEN. THE ATMOSPHERE AT ANY TIME UNTIL IT GETS. TO THE SITE IS GOING WITH THE TRUCK. I MEAN, LITERALLY FROM THE TIME. LEAVES THE BARGE TO THE TIME. IT LEAVES THE SITE, IT WILL NOT BE EXPOSED TO THE ENVIRONMENT. AND SO THIS IS JUST ONE OF THE INVESTMENTS THAT HOLLINGSHEAD HAS MADE INTO THE COMMUNITIES. PIECE OF EQUIPMENT OVER A MILLION DOLLARS. THAT'S CORRECT.

RIGHT. HOW ABOUT THE VIDEO? SO I DON'T KNOW IF THIS WAS GONNA PLAY EITHER. IT DOESN'T LOOK LIKE IT. BUT THIS IS THE THIS IS THE LOADING OPERATIONS, SO THIS WILL BE COMING FROM THE BOTTOM OF THE SILO. SO ESSENTIALLY THE TRUCK DRIVER PULL IN UNDERNEATH THE SILO. THERE'S TWO OF THESE LOADING STATIONS. YOU CAN SEE AT THE VERY TOP. THAT APPARATUS WILL MOVE AROUND TO MAKE SURE IT FITS IS DIRECTLY OVER THE OPENING IN THE TRUCK. THAT THE LOADING SPOT WILL EXTEND DOWN TO THE TRUCK AND YOU CAN SEE THAT THEY MAKE WITH THE TRUCK. THERE'S LITERALLY A BIT THERE FOR THE TWO SERVICES. AND THEN THERE'S NEGATIVE PRESSURE ON THAT SYSTEM. TO PREVENT ANY EMISSIONS COMING OUT OF THAT TRUCK. WHILE THIS IS AND THEN THE TRUCK IS SITTING ON A SCALE.

SO ONCE THE TRUCK GETS UP TO ITS WEIGHT. THE ENTIRE OPERATIONAL SHUT UP AUTOMATICALLY. IT'S NOT CONTROLLED BY THE OPERATOR AT THAT POINT ONCE IT HITS START EVERYTHING WILL RETRACT. THIS PREVENTS ANY OVERLOADING OR SPILLAGE, YOU KNOW THAT COULD BE CALLED BY AND SO THIS AREA WHERE IT'S LOADING IS AN ENCLOSED AREA . THAT'S CORRECT. THIS IS DIRECTLY UNDERNEATH. TWO OF THE SILOS THAT ARE PROPOSED. SO EVEN IF THERE WAS SOME DUST THAT CAME OUT DURING THIS LOADING PROCESS, IT'S NOT OUTSIDE CORRECTED. SO WE DON'T HAVE. THEY'RE MOVING. THEY'RE NOT MOVING. IN THIS TUBE HERE. THAT'S THE SAME WAY IT LOOKS WHERE IT'S COMING INTO THE SILO WHERE IT'S ALL ENCLOSED. SO WHEN IT COMES INTO THE SILENCE THIS THIS IS SIMILAR TO WHAT IT WOULD LOOK LIKE COMING OFF OF THE UNLOADED GOING DOWN INTO SPORT. INSTEAD OF HAVING THE APPARATUS AT THE VERY BOTTOM OF THIS, THERE WOULD BE ANOTHER AND I DON'T SAY PERMANENT BUT A BIT MORE DIFFICULT TO GET A PART BECAUSE IT WOULD BE A FIX TO ONE ANOTHER. GOING INTO THE SALADS THEMSELVES AT THE TOP OF THE TOP OF THE BUCKET. ELEVATOR IS AN AIR SLIDE. THAT'S 100% IN CLOSED. AND THERE IS THE BEST COLLECTOR ON TOP OF THE SILOS. SO THE TWO THINGS THAT MAKE THE SOLIDS SIGNIFICANTLY TALLER AND WHAT WE GET UP TO THE 166. FT IS THE BUCKET ELEVATOR. AND IT DOES COLLECTOR SILENCE AREN'T THAT TALL? I'LL LET TOM SCHOOL. AND AGAIN, NONE OF THIS IS MECHANIZED OR DIESEL RUN. NONE OF IT IS DIESEL. HAVE YOU? HAVE YOU DONE ANY STUDIES TO KNOW ABOUT THE UM, SOUND CREATED. I HAVE DONE SOME PERSONALLY. THOMAS DONE IT MORE EXTENSIVE. THANK YOU. ALRIGHT, I'LL TENDER THE WITNESS. THANK YOU, MR SCHNELL. IS THERE A DIFFERENCE BETWEEN THE CONCRETE AGGREGATE CURRENTLY ON. ON SITE AND THE SEMEN POWDER THAT YOU REFERENCED. WHAT'S THE BEST ONE? HOW YOU LOOK AT IT? HOW DO YOU LOOK AT IT? IT'S AGGREGATE. ARE THERE DIFFERENT STANDARDS FOR DEALING WITH THE CONCRETE AND THE CEMENT? THE CEMENT IS A POWDER FORM, SO AND BECAUSE OF

[03:05:06]

THANK YOU RIGHT NEXT, WE'RE GOING TO CALL TOM BHUTTO. FOR OUR TECHNICAL. HE HAS A POWER POINT. BEFORE YOU GET STARTED. IF YOU COULD JUST TELL THE BOARD YOUR FULL NAME. THOMAS BHUTTO.

AND MR BHUTTO, COULD YOU GET TELL US YOUR EDUCATIONAL BACKGROUND? SORRY. YOU'RE GONNA HAVE TO TURN YEAH. LET'S SEE IF I CAN DO THIS BETTER. CAN YOU HEAR ME NOW? LIBERATOR. OKAY? I'LL ASK IT BOTH WAYS. I'M NOT GOING TO BE ON THE RECORDER FINAL SPEAK RIGHT INTO HERE. BUT I WILL. I'M GOING TO ASK YOU TO TELL US YOUR EDUCATIONAL BACKGROUND, SO YOUR EDUCATIONAL BACKGROUND I HAVE A DEGREE FROM WEST VIRGINIA UNIVERSITY IN MINING AND MINERAL PROCESSING.

UM. WHAT? WHAT'S VIRGINIA UNIVERSITY? COULD YOU TELL US YOUR PROFESSIONAL LICENSING LICENSES PROFESSIONAL ENGINEERS 36 DIFFERENT STATES. DON'T ASK ME TO NAME THEM ALL, LIKE HELP TO HAVE MY CARD IN ORDER TO REMEMBER WELL AND HOW LONG HAVE YOU BEEN A PROFESSIONAL ENGINEER SINCE 1980. ARE YOU A PRINCIPAL AT PENTA? PRINCIPAL AT PENTA PRINCIPLE. YES. UH HUH. AND WHAT IS YOUR POSITION AT PINTO? YOUR POSITION AT CENTER. CURRENTLY I'M A CONSULTANT. I'M A SENIOR CONSULTANT. UH I MEAN, WITH PENT UP FOR OVER 22 YEARS NOW. SO I'M ACTUALLY BEYOND MY AGE WERE TRYING TO GET YOUNGER PEOPLE TRAINED. OH A LOT OF MY TIME IS TRAINING PEOPLE. EDUCATING AND SO ON AND SO FORTH. MR BHUTTO WAS PINNED TO RETAIN TO PROCESS THE DEVELOPMENT APPLICATION FOR HOLLINGS SAID WAS PINNED TO RETAIN TO PROCESS THE DEVELOPMENT ORDER APPLICATION.

YES, YES, THEY WERE. AND WAS THAT TAKEN OVER FROM PANHANDLE ENGINEERING? WELL, WE HARDPAN TO

[03:10:01]

CIVIL UNDERMANNED IS THE NAME OF THE COMPANY. CIVIL ON DEMAND OF THE COMPANY. DAVID BERGEN IS THE PRINCIPAL PROBLEM. MR BOUTWELL. YOU'VE BEEN INVOLVED IN THIS PROCESSING OF THIS DEVELOPMENT ORDER APPLICATION. CORRECT CORRECT TO YOUR BASED ON YOUR EXPERIENCE HAS HOLLING SAID MATERIALS COMPLIED WITH EVERY PROVISION OF LAND DEVELOPMENT CODE AND COMPREHENSIVE PLAN.

YEAH. AND HAS ALSO NOW OBTAINED ALL OF THE STATE AND FEDERAL PERMITS FOR THE SITE. CORRECT.

YOU'VE ALSO HAD A CHANCE TO REVIEW THIS NOTICE OF APPEAL. DOCUMENT UH, IS THERE ANYTHING IN THIS NOTICE OF APPEAL DOCUMENT THAT HAS CHANGED YOUR OPINION ABOUT WHETHER OR NOT THIS DEVELOPMENT ORDER SHIP AND GRANTED. ALRIGHT I BELIEVE THAT YOU HAVE A POWER POINT PRESENTATION YOU'RE GOING TO PROVIDE TO THE COMMISSIONER'S CORRECT. IT WASN'T EXACTLY SURE WHAT THE SHOW ON THIS BUT I JUST STARTED TO GO TELL THE RELATIONSHIP BETWEEN HOLLINGSHEAD AND PANTA. DO DILIGENCE IS ALL THE THINGS WE HAVE TO DO IN ORDER TO GET A PLAN. DESIGNED SOME PLANS AND THEN THEY OPERATION. TELL ME HOLLIS HAS BETTER ROUNDS IN 1999 , STARTED BY MIKE AND MELISSA HOLLINS HAVE. I DON'T KNOW PEOPLE REALIZE THAT, BUT THEY'RE NOW EMPLOY 5400 EMPLOYEES AND 16 STATES. I KNOW MIKE AND PERSONALLY. I MEAN, HE THOUGHT COMMUNITY FRIENDLY. UH, IT'S TOO BAD WE GOT TO THIS POINT. WE WOULD HAVE CALLED US VERY FIRST DAY WHEN THEY HAD SOME ISSUES. WE COULD HAVE PROBABLY GOT A LOT OF THIS RESOLVED AND NEVER GOT HERE. BETTER. IT'S BETTER. ALYSSA'S 1986 WERE WE DESIGNED, BUILT INDUSTRIAL FACILITY AT ALL. AH! WE WORK IN ALL 50 STATES. CANADA MODEL IN MEXICO, SOUTH AMERICA. WE FINISHED THE $400 MILLION PLANT IN KUWAIT. WE, UH WERE DESIGNED BUILDER SO WE HAVE A CONSTRUCTION. ARM. WE DON'T NECESSARILY HAVE. WORKERS I MEAN, WE HAVE MANAGEMENT PEOPLE, AND WE HIRED LOCAL CONTRACTORS. SO WE TRY TO BRING IT WHEN WE DO ITS JOB, TRY TO BRING ALL THE LOCAL CONTRACTORS AND TRY TO BRING MORE MORE BODY EDITED IN THE COUNTY AND EMPLOY MORE PEOPLE. SO THAT'S PANTO.

UH, THIS PROJECT, PARTICULARLY. HOW ONES HAVE IF THEY WRITING BANKS COMPANY? AND ONE OF THE PROBLEMS THEY HAVE IS GETTING SUPPLIES UNDER THERE, READY MIXED? I MEAN, THAT'S THE WHOLE REASON WHY THEY DO WHAT THEY DO, THEY TRY TO BRING IN GRAVEL AGGREGATE. THEY TRIED TO BRING HIM SAND. THEY TRIED TO BRING US CEMENT. AND THEY MET ALL THESE TOGETHER WITH WIRE AND THAT'S WHAT CREATES CONCRETE. THEY'RE READY, MIXED COMPANY. AND ONE OF THE BIG ISSUES THEY'VE HAD OVER TIME GETTING ALL THOSE SUPPLIES TO THEIR RIGHT NEXT. SO BECAUSE OF THAT THEY WANT TO TRY TO CREATE THESE TERMINALS LIKE WE'RE TRYING TO DO HERE IS SOUTHPORT GETS CEMENT IN THERE.

STORES 10,000 TONS OF CEMENT, MAKING A SHIP THAT OFF TO ALL OF VARIOUS DIFFERENT WRITING MIX THEY HAVE AROUND THE SOMEBODY HERE SO THEY CAN KEEP UP WITH ALL THE CLIENT'S DEMANDS. I MEAN, THEY NEED TO BUILD A HIGHWAY OR HOUSES OR WHATEVER THEY NEED CONCRETE FOR. THEY'RE TRYING TO KEEP UP WITH THAT DEMAND. FLORIDA'S GROWING LEAPS AND BOUNDS. THEY NEED ALL THE

[03:15:04]

TANKER COMES IN WITH FUEL TICKET AND A STORAGE TANK AND PEOPLE DRIVE UP TO THE POP AND THEY LOAD THEIR CARS. THERE'S NO DIFFERENT THAN THAT. THE WAY YOU'RE SUPPOSED TO OPERATE. THE ROADS ARE ALL BIG CONCRETE. ANYTHING THAT'S NOT WROTE OR ANY PAYMENT WITHIN THE CONCRETE AREA WOULD BE GRASS. UM. WE'LL HAVE A PARKING AREA WITH AN OFFICE. I MEAN, WE'RE TRYING TO MAKE IT

[03:20:09]

WHICH IS MORE MONEY. BY THE WAY. UH BUT I MADE IT HIGH ENOUGH THAT YOU CAN DRIVE TRUCKS UNDER IT. AND, UH, TRUCKS PULL UP TO THE LOADS ABOUT THEY LOWER THE LOW SPOT. THEY PUSH A BUTTON. IT TAKES FIVE MINUTES. FOR THAT SAMANTHA GO FROM THE SILO INTO THE TRUCKS. STONES THAT REACHES THAT. WHITE THAT IT NEEDS TO WAIT IS AUTOMATICALLY SHUTS OFF ALL AIR DRIVEN. AT THAT POINT.

THE VERY QUIET OPERATION. YOU WON'T EVEN HERE. UH, LIGHTING. WHY THEY CAME UP. WE HAVE LIVES ALONG THE PROPERTY BOUNDARY, AND WE DID NOT GO. ANYTHING ON THE PROPERTY ABOUT IS LESS THAN 0.1.

UH UNDERSTAND 0.5 AT THE FOOT CANDLES REQUIRED. AND WHAT WE'RE GOING TO HAVE IS JUST ALONG THE ROAD. BASICALLY, WE'RE GOING TO HAVE STRAIGHT LIGHTS. THE TRUCKER CAN STAY GOING IN AND COMING BACK OUT AGAIN. IT'S JUST GONNA BE QUESTIONS NO DIFFERENT THAN STRAIGHT LIGHTS REAL QUICK . THIS LIKE PLAYING CHOSE TO ROUND CONTAINERS. WHAT ARE THAT HAVE NOT SEEN THEM IN ANY OTHER SITE PLAN? 5500 TONS STORAGE. AROUND. OH, WHAT THOSE WERE. CODES WERE STORAGE PILES THAT WE WERE PREDICTING. UH UM. FOR THE ACTIVE THAT SENT THIS DRAWING WAS DONE JUST EVOLVED DRY. THIS WAS DONE VERY EARLY IN THE PROJECT. ACTUALLY HAD WE SHOW A SCREEN ON THIS THING. BUT THAT SPRING HAS BEEN REMOVED. AH! SO THIS IS AN OLD DRAWING. DURING THE PANHANDLE. ENGINEERING DAYS AND WE'VE SWITCHED HMM. SEVERAL ON DEMAND HAS CHANGED THE LIGHT. PLAN, BUT THIS IS THE LIGHTING.

THIS IS STRICTLY FOR LIGHTING ONLY. AND YOU KNOW, WE CONTROL THIS. WE CONTROL WE CAN AGAIN.

PEOPLE WANT TO TALK TO US EARLY. BOYFRIEND MAKE DO WHATEVER PEOPLE WANT TO KEEP DR SPECIAL KIND OF LIGHTS. WE'VE JUST GOT TO MAKE SURE THAT PEOPLE CAN SEE FOR SAFETY REASONS. WE'VE BEEN GETTING COMPLAINTS FOR THE LAST TWO YEARS. SHE WAS CITIZENS ALL AROUND THE BAYOU ABOUT THE LIGHTS IN THE REFRACTION AND EVERYTHING. I'M SITTING HERE LOOKING AT PICTURES THAT ONE NEIGHBOR THAT'S SITTING HERE IS GOING TO TALK A LITTLE BIT LATER ABOUT SENT ME FROM ACROSS THE BAYOU THEIR WAY AND I MEAN IT'S PRETTY STINKING BRIGHT. YEAH YES , OK ONE NOT AWARE THEY AGGREGATE FACILITY. I'M JUST TELLING YOU ABOUT. WE'RE GOING TO BE BUILDING. WELL, THAT'S THAT'S PART OF THE REASON WHY THE CITIZENS ARE SO UPSET IS THEY FORGET SO MUCH LIGHT COMING AROUND. IN DOING THIS, AND BECAUSE OF THE WAY OUR CODE IS WRITTEN, IT'S GOING TO BE THE

[03:25:03]

THANKS BUT DOESN'T CAUSE WOULD COST PRICE TO GO UP BUT ON THE OTHER RIGHT ABOUT THE WIND LOAD, LET ME SAY SOMETHING. THE HIGHER THE WIND LOAD, THE MORE EXPENSIVE IT IS WINDOWS DOORS.

ALL THAT SO STEALS DIFFERENT, NOT NECESSARILY THE HEIGHT, THE CARDS OF THE WIND. THE WIND IS HIGHER AT A HIGHER ALTITUDE. THAT'S TRUE. WE CAN PROVE THAT AROUND HERE IT'S A SURFACE AREA OF THAT, SILOM. SO YOU'RE TELLING ME IT'S NOT MORE EXPENSIVE, THE HIGHER IT GOES.

IT'S CHEAPER. COST LESS MONEY. TO GO HIGHER THAN IT DOES. SO THAT'S IN VERSE IN EVERY OTHER CONSTRUCTION. AND ON SILOS IS SURFACE AREA OF THE SILO. YOU HAVE TO. YOU HAVE TO CALCULATE.

THE SURFACE AREA. DIFFERENT SILO. JUST TAKE A THINK ABOUT A CAN OF COKE. AND CATHOLICS. THE SURFACE AREA, THE TOP THE BOTTOM AROUND. CALCULATING IT OUT FOR ONE SIZE FOR A DIAMETER AND I GO TO A SMALLER THAN I AM. I UNDERSTAND. I UNDERSTAND THAT PERFECTLY, SIR. WHAT MY SUGGESTION IS WHEN YOU REDUCE THE WIND LOAD FROM THE HIGHER ARE YOU NOT REDUCING THE ENGINEERING COSTS? NO, YOU'RE NOT. YOU KNOW, YOU HAVE TO EXPLAIN THAT TO ME LATER. I DON'T WANT TO HEAR THAT EITHER. I THINK ALSO, YOU WANT TO GO ON. OKAY WE ALSO TALKED ABOUT HEARD ABOUT NOISE. AH! WE'RE GOING TO KEEP OUR NOISES EQUIPMENT UNDERNEATH THE SMALLER SILO.

[03:30:01]

WHEN YOU GO OUTSIDE THAT ENCLOSURE DROPPED 20 RIGHT AWAY , AND THEN SHE GETS FURTHER AWAY. YEAH DROPPING THE DECIBELS EVEN MORE SO EVEN IF THE PROPERTY BOUNDARY WE'RE LOOKING AT 16.6 DECIBEL. I THINK THE REQUIREMENT WAS 65. UH WHEN YOU START GOING OUT TO SOME OF THE NEIGHBORS OUT THERE. WE'RE WAY BELOW ZERO. SO IF YOU LOOK AT THE LITTLE CHART THE LOWER LEFT HAND CORNER BECAUSE, SAY SOME OF THE DECIBELS FOR SOME EQUIPMENT YOU GOT OUT THERE YOU HAVE.

TRAFFIC LIGHTS, CONVERSATIONAL TOILETS, FLUSHING ALARM CLOCKS EXCEPT MUCH HIGHER. DECIBEL RATING. THEN WHAT YOU'RE GONNA HAVE AT THAT PARTICULAR POINT. SO REALLY, YOU'RE NOT GONNA HEAR THAT? WHAT'S GOING ON AT THAT PLANT? YOU'RE GOING TO HEAR THE NOISE AROUND YOUR HOUSE. WHAT ABOUT AS IT RELATES TO BECAUSE YOU'RE TALKING ABOUT STILL STORING AGGREGATE? IF YOU'RE STILL STORING AGGREGATE, THEN THIS IS SAMANTHA CIVILITY. YEAH, AGGREGATES. A COMPLETELY DIFFERENT WE WERE ASKED TO DESIGN IS AND THEN TURMOIL. WHAT'S GOING ON AT THE SITE RIGHT NOW. I MEAN, I UNDERSTAND THEY HAD A SCREENING. THEY TOOK THE SCREEN OUT. UH RIGHT NOW, THE ONLY NOISE YOU'RE GOING TO HAVE IS WHEN THEY TAKE THE CLAMSHELL. THANK YOU MATERIAL DUMPING INTO A HOPPER. YOU'RE GONNA HAVE SOME NOISE THERE. AND THEN WHEN I GET STOPPED ON THE GROUND, YOU'RE GONNA HAPPEN. MAYBE AN END LOADER GONNA PICK THE MATERIAL UP TAKING IN A TRUCK. UH, OTHER THAN THAT. I MEAN, THAT'S THE NOISES YOU'RE GOING TO HEAR. BUT FROM THE CEMENT QUIET, SURE GOTTA HAVE LOVELY. AH! OKAY WE TALK ABOUT PUTTING A TENT FOR HIGH CHANCE IN FRONT OF THE FACILITY WAS TRACED. UH, THE TERMINAL. WE JUST FINISHED FOR THE HOLLINGSHEAD WAS WHITE WITH RED. HANDRAIL. WATCH PRETTY TO ME. UH WE'RE TRYING TO KEEP THE ANSWERS SO FAR AWAY THAT WE CAN POSSIBLY CAN FOR THE BOAT RAMP. SO WE GOT MORE ROOM FOR PEOPLE TO PARK THEIR STUFF. YOU KNOW FROM THAT ENTRANCE BACK TOWARDS THE AROUND. AGAIN NEITHER THINK THAT WE WORKED OUT WITH THE COUNTY. RIGHT WITH FUNNY. SO AGAIN FROM THAT. FROM THE WATER. AGAIN THE WINCH IS GOING TO TRY TO. WE'RE GOING TO TRY TO KEEP THAT PART IN FRONT OF OUR DOCK. MORE SO THAN IN FRONT OF THE LOADING DOCK, AND WE CAN DO THAT WITH THE WINCH. AND THE WAY TO WINCH GONNA BE WORKING THAT WOULD STICK OUT THERE OVER THE DOCK WHEN IT STARTS. BUT IF IT PUSHES THEM WE'RE GOING TO TRY TO GET ABOUT 50% OF THE CEMENT OUT OF THAT PART. AND THEN ONCE YOU GET ALL AWAY INTO WHERE IT'S NOT LOADED, LINED UP WITH THE END OF THE DOCK, WE'LL HAVE A SKID, STEER PUSHING MATERIAL OVER TOWARD THE LOADING FICTION SPACE. THEY'RE GOING TO SIT THERE. THE MATERIAL IS GOING TO BE PUSHED RIGHT TOWARDS IT. THIS WAY WE CAN MINIMIZE UM. TIME THAT THAT BAR SHOULD BE IN FRONT OF THE DARK THERE. ANYWAYS. THAT'S ALL I HAVE ON THIS HAVE ANY QUESTIONS? WHEN YOU SAY MINIMIZE. HOW LONG IS THAT? WHEN YOU SAY MINIMIZE. HOW LONG IS THAT? UH WELL, THIS PARTICULAR ON LOADER CAN DO 350 TONS AN HOUR. SO THIS IS THE 1500 TON.

BARGE. I MEAN, IT'S GONNA GO THROUGH. 350 BE YOUR BOTTLE. THIRD OF THE BARGE FILMING.

WE'RE TALKING ABOUT AN HOUR. WE'LL HAVE ABOUT A THIRD OF THE BARGE AND THE THING ABOUT TWO THIRDS AND THEY'RE SO I MEAN, YOU'RE TALKING ABOUT MAYBE TWO HOURS. MAX. IN THE ATTRIBUTE A LOT OF WHEN THAT'S OCCURRING, UM HAVE YOU LOOKED AT THIS PUBLIC RAMP? WOULD NORFOLK. LET'S SAY 30 FT OR SHORTER VOTES. COULD THEY STILL GET IN AND OUT, EVEN THOUGH THE BARGES THERE YOU KNOW, I'LL BE HONEST WITH YOU. I HAVEN'T BEEN OUT THERE AND LOOKED AT IT, BUT I HAVEN'T SEEN ANY BOATS COME IN. UH I REALLY COULDN'T TELL YOU WHAT THEY CAN OR CAN'T DO OUT THERE WHEN THE BARGE IS CONNECTED WITH THE WITCH MHM CHANGES QUICKLY AS FIVE MINUTES. I MEAN, WE CAN WAIT. SOMEBODY PUSH ABOUT AND I CAN MOVE IT ALL THE WAY OVER IT. THEY NEED TO THEY SEE A BOAT COMING IN. MAYBE THAT'S WHAT YOU MIGHT WANT TO DO IS HAVE A LIGHT. COME ON AND SAY, HEY, WE

[03:35:02]

THE ADJUSTMENT CAN BE MADE WITH THE USE THE SAME PIECE OF EQUIPMENT. TO FILL THE SILO UP THE JUDGE. JUDGMENT CAN BE MADE , YOU WOULD CHANGE. THEREFORE, THERE'S NO EXTRA EQUIPMENT NEEDED. THERE'S NO THERE'S NO EXTRA EQUIPMENT NEEDED. NO EXTRA NOISE. NO, NOTHING. ABSOLUTELY RIGHT. YOU'RE CORRECT, OKAY? AND THEY'RE ONLY EXTRA WOULD BE A LITTLE BIT OF EXTRA CHANGE IN YOUR ENGINEERING FOR THE FOR THE FOR THE SHAPE OF THE SALAD. OKAY THANK YOU TO DECREASE THE HEIGHT FOR INCREASING THE DAMA. RIGHT MR BHUTTO SAID THAT IF YOU DECREASE THE HEIGHT THERE WOULD BE ADDITIONAL EQUIPMENT THAT WOULD BE NEEDED. IF YOU GO ALL THE WAY TO THE GROUND, AND THERE'S TWO WAYS OF DOING IT CHANGED. YOU'RE NOT GOING TO CHANGE THE BOTTOM OF THE SILO, ADDITIONAL EQUIPMENT, ADDITIONAL EQUIPMENT PIECE CAN GO TO THE TOP. YOU LOWER IT DOWN, SO THERE'S FOUR. IT'S NOT AS HIGH RIGHT ONLY EXTRA IS THE SHAPE YOU EXPLAINED A LITTLE WIDER, BIGGER, DIAMETER, BIGGER DIAMETER, RIGHT, RIGHT. THANK YOU. THANK YOU. THAT'S GOOD.

THANK YOU. DID YOU HAVE ANY MORE TO YOUR SLIDES? NO, THAT'S IT. I THINK THAT THE LAST OF IT OKAY.

THANK YOU. ANYBODY YES, I JUST HAVE A FEW QUICK FOLLOW UP QUESTIONS SO I KNOW YOU TESTIFIED THAT YOU BELIEVE THAT YOU'VE MET ALL THE CODE REQUIREMENTS IS THE GENERAL SHORTAGE OF CONCRETE. REQUIREMENT OR CONSIDERATION IN THE CODE WHEN DETERMINING COMPLIANCE. AND I'M STILL COUNTRY. THE GENERAL CONCRETE SHORTAGE IS THAT A FACTOR FOR CONSIDERATION AND DETERMINATION OF COMPLIANCE WITH THE THERE'S NO CONCRETE IN THIS. NO, NO CONCRETE IS BEING STORED HERE. ONLY SAMANTHA'S BEING STORED. BELIEVE YOUR TESTIMONY WAS THAT THAT AND THIS AREA OR IN THE UNITED STATES THAT THERE WAS A SHORTAGE OF CONCRETE AVAILABLE.

IS THAT SOMETHING THAT THE BOARD SHOULD BE CONSIDERING GENERAL IN GENERAL? OKAY YEAH. WHAT? OKAY

[03:40:03]

THEY HAVE READY MIX PLANTS ALL OVER. I KNOW ALL OVER PANAMA CITY. I'VE SEEN HIM. UH THIS CEMENT THAT'S COMING IN HERE. WOULD BE DISTRIBUTED TO ALWAYS READY, MIXED, CONFIDENT THERE.

QUITE OFTEN. MY POINT IS ANY. IMPACT THAT THIS OPERATION MAY HAVE TO ASSIST WITH A GENERAL SHORTAGE OF CONCRETE IS NOT CONSIDERATION FOR THE BOARD IN DETERMINING WHETHER OR NOT THE PROJECT IS IN COMPLIANCE WITH THE CODE. CORRECT CORRECT IT ISN'T THAT SAME ALSO TRUE FOR AN INCREASE IN TAXES OR JOBS AVAILABILITY THAT THAT'S NOT A CONSIDERATION BEFORE THIS BOARD FOR COMPLIANCE WITH THE CODE CORRECT. AND I BELIEVE YOU DESCRIBED THIS AS A NEW CEMENT DISTRIBUTION TERMINAL. IT'S A NEWS NEW CEMENT DISTRIBUTION TERMINAL. BUT THIS IS DIFFERENT THAN THE AGGREGATE THAT'S GOING ON SITE NOW. THIS IS A DIFFERENT AND NEW ACTIVITY ON THE PROPERTY. STILL UNLOADING AND STORING MATERIAL. FOR INGREDIENTS YOU NEED TO MAKE.

CONCRETE. AND WOULD YOU AGREE THERE IS BEING USED TO MAKE CONCRETE THIS AMOUNT OF PAIN.

TRANSFER. BARGE TRUCK TO GET IT TO THE WRITING. IT'S FOR SEWER. I BELIEVE YOU. YOU TESTIFIED THAT AGGREGATE IS A COMPLETELY DIFFERENT USE. AGGREGATE IS USED TO MAKE. THAT THE EXISTING ADVOCATE IS A DIFFERENT USE THAN THE CEMENT. YEAH. SO YOU'RE SAYING YOUR TESTIMONY WAS NOT THAT AGGREGATE IS A DIFFERENT USE. I MEAN, HERE YOU THEY GET THAT YOU'RE YOU'RE STORING IT JUST LIKE THEY'RE STORING SOME UP. AND WHEN YOU TALK ABOUT USE WHAT ARE YOU REFERRING TO? HOW HOW ARE YOU USE THAT MATERIAL? HOW ARE YOU STORE IT? THE USE WOULD REFER TO THE PROPERTY, SIR. THE USE OF THE PROPERTY. THE PROPERTY IS BEING USED TO STORE MATERIAL. AND I WAS DIFFERENT USED. OKAY UM, AND I BELIEVE YOU TESTIFIED THAT THERE IS A WAY TO CREATE A MECHANISM TO ALERT IF A VOTE IS COMING, BUT THAT'S NOT SOMETHING THAT HOLLINGSHEAD HAS DONE IN THIS CASE OR THE PENTA HAS DONE IN THIS CASE. I BELIEVE YOUR TESTIMONY WAS THAT THERE IS A MECHANISM TO ALERT IF THEY VOTE IS COMING TO THE PUBLIC VOTE REACT. YEAH WE CAN. WE CAN PUT LIGHTS OUT THERE THAT SOMETHING THAT SOMEBODY WANTED TO DO THAT THE BOAT COMING UP AT LAST THE PEOPLE OUT THERE WORKING AND THEY CAN MOVE THE BARGE IN SO THERE ARE DIFFERENT ADDITIONAL MEASURES THAT YOU COULD TAKE TO MAKE THE USE. MORE COMPATIBLE WITH THE SURROUNDING AREA. SURE ABSOLUTELY. THOSE ARE MY QUESTIONS. MR BHUTTO. HEAR ME. AREA. YEAH. IF THIS SILOS WERE LOWER. USING THE SAME BOTTOM. YOU WOULD HAVE TO USE MUCH THICKER STEEL. CORRECT HOW MUCH MORE STILL BUT NOT THINK OR STILL. HOW MUCH MORE EXPENSIVE IS THAT FOR, HOLLY SAID. TO DO THAT TO DROP IT DOWN. NO I DON'T . IT'S NO WAY I CAN COME UP WITH THAT NUMBER OF TOP OF MY HEAD. I WOULD HAVE TO CALCULATE WOULD IT BE UNDER $1000 A LOT MORE THAN THAT. PROBABLY 20. WE'RE TALKING ABOUT A MILLION DOLLARS PER SILO. SO YOU'RE TALKING PROBABLY EVEN TALKED ABOUT MORE THAN $20,000. I MEAN AGAIN. I DON'T KNOW I WOULD HAVE TO DO THE CALCULATION AND YOU WOULD HAVE TO REDESIGN THE FACILITY TO MAKE IT WIDER RIGHT? WE WOULD HAVE TO SPREAD EVERYTHING OUT SO RIGHT NOW. WE GOT TO KEEP THE SILENCE SO MANY FEET OFF THE PROPERTY BOUNDARIES, SO EVERYTHING WOULD BE MOVED. INLAND. MORE TO GET TO KEEP IT AWAY FROM THAT PROPERTY ABOUT HIM. SO EVEN THOUGH THERE'S NO REQUIREMENT WHATSOEVER IN THE LAND DEVELOPMENT CODE TO HAVE A LOWER SILO IF IT WAS REQUIRED. IN THIS CASE, YOU WOULD HAVE TO GO BACK AND REDESIGN EVERYTHING WOULD HAVE TO REDESIGN ALL THE WHOLE THING WOULD HAVE TO BE DONE EVEN THE PAYMENT. THE DRIVE AROUND, IT WOULD HAVE TO BE WIDER. THEY PROBABLY HAVE MORE. IMPERVIOUS AREA ADDED TO IT IN ORDER TO GET AROUND THE BIGGER SILOS, AND YOU'VE ALREADY WAITED A YEAR. TO GET STARTED, AND THIS WOULD START THE PROCESS AGAIN. IT WOULD HAVE TO START IT OVER. THAT'S CORRECT. IT'S NOT A

[03:45:04]

YOU'VE HEARD A LOT OF TALK TODAY ABOUT THE TRAFFIC STUDY. UM AND THESE DIFFERENT DESIGNATION CODES THAT WERE THROUGHOUT THE UM THE APPLICATION. COULD YOU JUST EXPLAIN TO THE COMMISSION ABOUT WHAT THEY REQUIREMENTS ARE UNDER THE LAND DEVELOPMENT CODE AND HOW HOLLING SAID MATERIALS ACTUALLY WENT BEYOND WHAT WAS REQUIRED TO CALCULATE HOW ANY IMPACT TO MACKENZIE ROAD SO FOR THE RECENT ACCESS PERMIT THAT WE SUBMITTED THROUGH BAY COUNTY WE ESTIMATED. I BELIEVE IT WAS 33 TRIPS. AH PER DAY AND WHAT THAT WAS CALCULATED ON WAS AN AVERAGE OF 200,000. GROSS TONS THAT WOULD BE SHIPPED INTO THE FACILITY. SO IF YOU TAKE THOSE GROSS TONNAGE DIVIDED OUT BY 250 OPERATING DAYS, AND THEN 25 TONS PER TRUCK, WHICH WAS SPECIFIED UM BY PENTA, WHICH WILL BE LOADED INTO THE CEMENT TANKERS. UM, YOU END UP WITH 32 TRIPS, ROUGHLY 33. UM WHICH WILL BE YOUR AVERAGE DAILY TRUCK TRAFFIC. SO THE, UM WITH THE LAND DEVELOPMENT CODE SAYS.

SPECIFICALLY UM AND CLEARLY IS THAT IF A FACILITY GENERATES 100 OR MORE PEAK HOUR TRIPS. THAN A TRAFFIC ANALYSIS IS REQUIRED. UM IN OUR CASE, WE DON'T GENERATE 100 PEAK DAILY TRIPS. SO IF YOU WERE TO DIVIDE OUT OUR TOTAL PEAK DAILY TRIPS BY THE NUMBER OF HOURS THAT WE OPERATE, AND AGAIN, THIS ISN'T A PEEK PRODUCT . THIS ISN'T SIMILAR TO A DRIVE THROUGH AT A DUNKIN DONUTS OR, UH, YOU KNOW WHERE YOU HAVE A SCENARIO WHERE EVERYONE RUSHES AT ONCE OR SCHOOL WHERE YOU HAVE A PEAK HOUR ISSUE. THESE TRUCKS ARE STEADILY COMING IN THROUGHOUT THE DAY, WE WOULD NEVER EVEN COME CLOSE TO SCRATCHING THE 100 PEAK HOUR TRIPS THAT REQUIRES A TRAFFIC ANALYSIS. AND DID YOU EVEN GO A STEP FURTHER AND ANALYZE WHAT THAT NUMBER COULD BE? 80 TRUCKS.

CORRECT SO IF WE WENT TO MAXIMUM CAPACITY, WHICH IS THE BASICALLY THE FACILITY IS RUNNING MAX MAX PRODUCTION ALL DAY EVERY DAY FOR 250 DAYS. UH WE WOULD HAVE 500,000 TONS. OF MATERIAL WHICH WOULD BE LOADED INTO THOSE TANKERS. AH, UM THAT IS ABOUT THE ABSOLUTE MAXIMUM LIMIT.

THOSE FACILITIES CAN DO IT AT ALL TIMES WITH REALLY NO SHUTDOWN THAT WOULD EQUATE TO 80 TRIPS PER DAY, AND THAT ALSO IS LESS THAN 100 PER HOUR. I THINK 80 TRIPS PER DAY IS LESS THAN 100 PER HOUR CORRECT AND SO UNDER ANY POSSIBLE, UM WAY TO LOOK AT THIS. ON BAY COUNTY, A TRAFFIC STUDY WAS NOT REQUIRED. UNDER THE LAND DEVELOPMENT CODE AS IT READS TODAY, NO THAT'S ALL THE QUESTIONS I HAVE. IN THE CONSIDERATION OF DETERMINING THE MAXIMUM TRUCK CAPACITY DOES THAT INCLUDE THE BOTH THE AGGREGATE AND THE CEMENT USE? OR IS IT JUST RELATED TO THE NEW CEMENT USE? WELL, THERE'S ONLY PHYSICALLY SO MANY TRUCKS THAT COULD GO IN AND OUT OF THE SITE AT ONE TIME, SO WE BASED IT ON THE AMOUNT OF MATERIAL THAT COULD BE BROUGHT INTO THE INTO

[03:50:04]

IS THAT RIGHT? I HAVE A MASTERS IN PUBLIC ADMINISTRATION. YES AND YOU ALSO IN YOUR EXPERIENCE HAVE WORKED WITH INDUSTRIAL USE SITES, RIGHT? YES I AM RESPONSIBLE FOR PERMITTING NEW LIME ROCK MINDS AND LEE COUNTY AS WELL AS AMENDING EXISTING PERMITS FOR LIME ROCK AND PHOSPHATE MINES THROUGHOUT THE STATE. AND HAVE YOU DONE AN ANALYSIS OF THIS DEVELOPMENT ORDER TO DETERMINE IF IT IS CONSISTENT WITH THE COMPREHENSIVE PLAN IN THE LAND DEVELOPMENT CODE OF BAY COUNTY? I HAVE. IT IS MY PROFESSIONAL OPINION THAT IS CONSISTENT WITH BOTH REGULATORY DOCUMENTS. AND HAVE YOU DONE A INVESTIGATION AND REVIEW OF THE DOCUMENTATION OF THIS DEVELOPMENT ORDER TO DETERMINE IF THIS PROPOSED USES COMPATIBLE? WITH THE SURROUNDING USES. YES IT IS MY PROFESSIONAL OPINION THAT IT IS COMPATIBLE AND HAVE YOU REVIEWED THE APPEAL? I HAVEN'T AND ARE THERE ANY DOCUMENTS OR SECTION CITED THAT WOULD CHANGE YOUR OPINION.

NO. AND HAVE YOU REVIEWED THE LAND USE EXPERT, MISS? UM CERTAINLY GOOD. TO YES, I HAVE, UH, IS THERE ANYTHING IN HER OPINIONS, A REPORT THAT WOULD CHANGE THAT OPINION. NO. RIGHT UH, MISS AT ONE HAS GOT A POWER POINT THAT YOU'D LIKE TO PRESENT TO THE COMMISSION. UM SO MY SLIDES WILL EXCEED THE TIME SO I'LL DO THE BEST I CAN TO BE EXTREMELY BRIEF. AND TO THE POINT AS YOU ALL KNOW, THIS PROPERTY IS CURRENTLY WITHIN THE FUTURE LAND USE OF INDUSTRIAL IS CURRENTLY ZONED FOR INDUSTRIAL, TOO. I WANT TO POINT OUT THAT YOUR LAND DEVELOPMENT CODE IDENTIFIES THE USE AS TRANSPORTATION AND WAREHOUSING. THAT IS A VERY IMPORTANT PIECE THAT HAS NOT BEEN PRESENTED TO YOU SO FAR. THE USE IS TRANSPORTATION AND WAREHOUSING.

THERE ARE ACTIVITIES THAT OCCUR ON SITE WHERE A BARGE COMES IN OFFLOADS MATERIAL TRUCKS, THEN COME TO THE SITE AND PICK UP THAT MATERIAL. AND SO THERE IS A STORAGE, UM, OF THAT MATERIAL.

REGARDING THE ADJACENT DEVELOPMENT TO THE NORTH IS EXISTING INDUSTRIAL FACILITY. TO THE EAST IS AN EXISTING INDUSTRIAL FACILITY. THERE IS A RESIDENTIAL ZONED PROPERTY TO THE SOUTH, AND IT IS CURRENTLY VEGAN. THAT PROPERTIES OWNED ARE FIVE. IN COMPARISON TO MANY OF THE SURROUNDING PROPERTIES, WHICH ARE, TOO SO WE DO HAVE A LITTLE BIT OF A DIFFERENCE THERE IN TERMS OF WHAT'S ALLOWED THE HEIGHTS THAT ARE ALLOWED. UM AND SOME OF THE THINGS THAT COULD BE DEVELOPED IMMEDIATELY ADJACENT TO THIS SITE. IT IS WITHIN THE SOUTHPORT NEIGHBORHOOD PLANNING AREA. I DO AGREE THAT YOUR CONFERENCE OF PLAN OUTLINES A VISION FOR WHAT THIS AREA WILL BE. BUT WHAT I WANT TO POINT OUT IS THE OPENING STATEMENT WHICH STATES THAT THE PLANNING AREA IS ENCOURAGED TO HAVE A FUNCTIONAL MIX OF USES. SUBJECT TO THE REVIEW AND APPROVAL OF AMENDMENTS TO THE FUTURE LAND USE MAP. WHEN YOU READ THAT STATEMENT IN COMBINATION WITH THE CLOSING PARAGRAPH, WHICH STATES NOTHING IN THIS POLICY SHALL BE INTERPRETED AS CHANGING THE LAND USE CATEGORY OF ANY PARCEL ON THE FUTURE LAND USE MAPS. IT IS MY PROFESSIONAL OPINION THAT INDUSTRIAL USES ARE ALLOWED TO CONTINUE ON THIS SITE. THE QUESTION WAS BROUGHT UP ABOUT WHETHER HURRICANE CAME THROUGH AND WIPED OUT. ALL THE INDUSTRIAL USES THIS SITE, THE TWO PROPERTIES TO THE NORTH AND THE THREE PROPERTIES TO THE EAST THAT HAVE AN INDUSTRIAL FUTURE LAND USE AND INDUSTRIAL ZONING WOULD BE ALLOWED TO CONTINUE THOSE INDUSTRIAL USES. THEY ARE NOT NONCONFORMING WITH THIS POLICY. I THINK THAT IS IMPORTANT FOR ALL OF YOU TO CONSIDER. SO WHEN WE TALK ABOUT WHAT'S ALLOWED AND WHAT'S NOT ALLOWED AGAIN, I WANT TO FOCUS ON THE ALLOWED USES IN I N D TWO INCLUDES THE EXACT VERBATIM TEXT IS ALL ALLOWABLE I N D ONE USES

[03:55:07]

[04:00:05]

AND WE HAVE MULTIPLE COMMERCIAL CATEGORIES. UM I DO WANT TO SPEND A LITTLE BIT OF TIME ON THIS SLIDE BECAUSE I THINK IT'S IMPORTANT FOR YOU TO HAVE SOME CONTEXT FOR OTHER APPROVALS.

THAT CAN BE, UH. OKAY. OTHER PERMITS. EXCUSE ME THAT CAN BE ISSUED BY YOUR STAFF THROUGH DEVELOPMENT ORDER. AND THAT IS THAT C THREE ZONING DISTRICT ADJACENT TO STATE ROAD, 77. A PERMITTED USE MAY COME IN, AND THEY MAY REQUEST A PERMANENT OF HEIGHT OF 230 FT. AND THAT CAN BE ISSUED PROVIDED THEY'RE COMPLIANT WITH ALL THE OTHER REGULATIONS OF THE LAND DEVELOPMENT CODE. BY STAFF WITHOUT COMING TO THE BOARD. THE RESIDENTIAL PARCEL IMMEDIATELY ADJACENT TO OUR SITE HAS A MAXIMUM HEIGHT OF 85 FT THAT CAN BE DONE BY STAFF WITHOUT COMING TO THE BOARD AND THEN HAS BEEN NOTED THE INDUSTRIAL FUTURE LAND USE AND ZONING DOES NOT HAVE A BUILDING HEIGHT, WHICH MEANS THE PARCELS IMMEDIATELY ACROSS MACKENZIE AND IMMEDIATELY ADJACENT TO OUR SITE COULD ALSO HAVE A DEVELOPMENT ORDER ISSUED. AT THE SAME HEIGHT AS OUR REQUEST OR SOMETHING TALLER, AND THAT AGAIN WOULD BE THAT ADMINISTRATIVE APPROVAL THROUGH STAFF. THE I S ARE WITHIN THE DISTRICT. EXCUSE ME. WITHIN ALL OF THESE DISTRICTS RANGES FROM 60 TO 75. WE ARE LESS THAN THAT. UM SOME OF THESE ZONING DISTRICTS FRONT 77. SOME OF THEM ARE IN THE GENERAL SURROUNDING AREA. AND SO THERE IS AN INTENSITY THAT IS EXPECTED TO OCCUR WITHIN THE SOUTHPORT PLANNING NEIGHBORHOOD AREA, AS WELL AS WITHIN A QUARTER OF A MILE OF THIS PROPERTY. IT IS NOT JUST THIS SITE. WITH REGARDS TO COMPATIBILITY, AND WE TALKED ABOUT SEPARATION OF USES. UM WHEN YOU CONSIDER THE SILOS, THE SITE PLAN HAS BEEN PUT TOGETHER TO REDUCE THAT DEVELOPMENT FOOTPRINT TO THE MAXIMUM AMOUNT POSSIBLE SO THAT WE DO NOT IMPACT THE MARSH AREA THAT IS LOCATED TO THE EAST. THAT IS WHAT I'VE HIGHLIGHTED IN GREEN.

HERE WE ARE PROVIDING THAT 30 FT BUFFER AND YOU CAN SEE WHEN WE COLOR THESE PORTIONS OF THE SITE THAT MOST OF THE EASTERN PORTION IS NOT GOING TO BE USED IS BEING PRESERVED WITH THAT NATIVE VEGETATION, AND THE BUFFERING HERE ALSO HAS EXISTING VEGETATION THAT WILL BE PRESERVED. THAT WILL PROVIDE THAT SCREENING. UM THAT WAS TALKED ABOUT EARLIER THAT PROMOTES COMPATIBILITY. THE OTHER THING WE HAVE TO LOOK AT IS NOT JUST USES, BUT ALSO SETBACKS. UM THE SILOS ARE MORE THAN 350 FT FROM THE ADJACENT EASTERN PROPERTY BOUNDARY. THERE ARE ALSO 190 FT FROM THE SOUTHERN PROPERTY BOUNDARY, WHICH IS THAT ARE FIVE RESIDENTIAL HIS OWN PROPERTY. PLEASE KEEP IN MIND THAT IF CHANGES ARE MADE, THESE SETBACKS WILL BE REDUCED THE IMPACTS TO THIS SITE AND POSSIBLY THE NATIONAL RESOURCES WILL INCREASE AS A RESULT OF THAT CIRCULATION THAT WE TALKED ABOUT. AND SO THERE WILL BE TRADE OFFS NOT JUST WITH REGARD TO UM, THE GRAVITY SYSTEM AND SOME OF THE MECHANICS BUT ALSO IN THE SITE DESIGN AND THE PRESERVATION THAT IS BEING OFFERED. UM WE TALKED ABOUT BLAIR ALREADY AND THE LIGHTING PLAN THAT WAS PROVIDED WE HAVE ON RECORD THAT THIS IS AN OLD PLAN. HOWEVER THE FOOT CANDLES MEASURE ZERO AT THE PROPERTY BOUNDARY, AND SO IN TERMS OF THE ADJACENT USES, THERE WILL NOT BE AN IMPACT RELATED TO GLARE. FROM THE PERSPECTIVE OF CONSISTENCY WITH YOUR FUTURE LAND USE PLAN. THIS IS CONSISTENT. UM PLEASE NOTE THAT TRANSPORTATION AND WAREHOUSING IS A USE IN THE I N D TWO DISTRICT. AND WHILE THAT SPECIFIC TEXT MAY NOT BE LISTED

[04:05:03]

THIS SITE ALSO HAPPENS TO HAVE A SEAWALL ALONG THE SHORE LINE AND ACCESS OUT INTO THE BAYOU. YOU CAN SEE THE SIGNATURE ON THE AERIAL SHOWING WHERE THE DEEPER ACCESS EXISTS. TO SUPPORT THE EXISTING INDUSTRIAL USES THAT ARE ADJACENT TO MACKENZIE AND ALSO THAT PUBLIC BOAT RAMP. BOTH THINGS NEED TO COEXIST WITHIN THE FUTURE ECONOMIC VISION OF THE COUNTY. AND THEN AGAIN, WE HAVE SECURED OUR PERMITS FROM THE OTHER AGENCIES AS CONDITIONED BY THE DEVELOPMENT ORDER AND AS ARE REFERENCED IN YOUR LAND DEVELOPMENT CODE. YOUR ECONOMIC DEVELOPMENT ELEMENT OF THE CONFERENCE OF PLANS SUGGESTS THAT, UM, RETAINING AN INCREASING THE ECONOMIC BASE FOR INDUSTRIAL IS APPROPRIATE. PROTECTING INDUSTRIAL IS APPROPRIATE AND PROMOTING INDUSTRIAL GROWTH WITHIN THE COUNTY IS APPROPRIATE. THESE ARE THE BROADVISION DESTRUCTIVE POLICIES IN THE COMPREHENSIVE PLAN. SO WHEN WE LOOK AT THAT, AND WE CONSIDER THAT THIS IS ALLOWED TO CONTINUE IN THE SOUTH COURT NEIGHBORHOOD WE ARE CONSISTENT WITH THE ECONOMIC DEVELOPMENT ELEMENT. THE DEVELOPMENT ORDER THAT WAS ISSUED IS CONSISTENT WITH THIS ELEMENT OF THE COMPREHENSIVE PLAN. THIS IS NOT A MATH AMENDMENT. WE ARE NOT ASKING FOR NEW USES. WE ARE NOT ASKING FOR A NEW FUTURE LAND USE CATEGORY. AH, UM THIS IS ALL THE SAME MATERIAL, THE COASTAL MANAGEMENT ELEMENT. WE DO ACKNOWLEDGE THE PROPERTY IS WITHIN THE COASTAL PLANNING AREA. YOUR CONFERENCE OF PLAN SEEKS TO BALANCE THOSE COASTAL RESOURCES AND ALSO WATER DEPENDENT USES THROUGH A NUMBER OF POLICIES BY ESTABLISHING THE PRIORITY FOR LAND USES. AND ALSO , UM THE PRIORITY FOR COMMERCIAL AND INDUSTRIAL LAND USES. THAT PRIORITY IS FOR WATER DEPENDENT INDUSTRIES AND ASSOCIATED DOCKING FACILITIES. BARGE OFFLOADING IS A WATER DEPENDENT INDUSTRY AND SO WE ARE CONSISTENT WITH THE COASTAL MANAGEMENT ELEMENT. ADDITIONALLY UM THIS 1999 AERIAL SHOWS YOU THAT MOVEMENT ON THE SITE FROM THE PERSPECTIVE OF DIRT HAS BEEN HAPPENING FOR AN EXTENDED PERIOD OF TIME. UM AGAIN, I WOULD JUST REITERATE THAT THE DEVELOPMENT ORDER IS PROPOSING INFRASTRUCTURE IMPROVEMENTS THAT ACTUALLY IMPROVED CONSISTENCY WITH YOUR COASTAL MANAGEMENT ELEMENT BY PROVIDING THOSE PAVED CONCRETE PAVED DRIVEWAYS. UM THE STORMWATER MANAGEMENT ON SITE, WHICH WILL ELIMINATE THE FREE SHEET FLOWING INTO THE BAYOU AND ONTO THE ROAD. AND ALSO THAT WE'VE SECURED THOSE ADDITIONAL APPROVALS FROM STATE AND FEDERAL AGENCIES. UM REDEVELOPED SHORELINE LAND USES ARE REQUIRED TO DEMONSTRATE A NUMBER OF CRITERIA. THE DEVELOPMENT ORDER THAT WAS ISSUED BY STAFF IS CONSISTENT WITH ALL OF THESE ITEMS. I'VE EXPLAINED HOW WE ARE PRESERVING THE EXISTING MARSH ON SITE. WE'VE PROVIDED THE APPROPRIATE BUFFER. THE PROPOSED USE IS BEING LOCATED WITHIN THE UPLANDS. UM WE ARE PROVIDING IMPROVEMENTS THAT IMPROVE THE CONFORMITY WITH THE COASTAL CODE. THERE ARE APPROPRIATE PUBLIC UTILITIES IN SIGHT TO SUPPORT THE USE. UM WE DO NOT BELIEVE THAT THIS IS IN CONFLICT WITH THE EXISTING ADJACENT LAND USES, WHICH, AS I MENTIONED OUR INDUSTRIAL AND VACANT RESIDENTIAL THE RELOCATION OF THE DRIVEWAY DOES IMPROVE THE SITUATION WHERE WE'RE HAVING CONFLICTS WITH THAT EXISTING BOAT RAMP. THAT'S WHY WE'VE SHIFTED THE DRIVEWAYS TO ELIMINATE THOSE CONFLICTS. YOU SAW THE GRAPHICS REGARDING THE LANDSCAPING WHICH WILL BE INSTALLED CONSISTENT WITH THE LAND DEVELOPMENT CODE. WE ARE PROVIDING THE APPROPRIATE TREATMENT OF OUR DISCHARGE IF WE CAN IMPLEMENT THIS DEVELOPMENT ORDER. UM AND WE ARE RESTRICTING IMPERVIOUS COVERAGE. I'VE EXPLAINED THAT THE SITE DEVELOPMENT AREA IS ONLY 45% AND THE IMPROVED PREVIOUS COVERAGE IS SIGNIFICANTLY LESS ALLOWABLE AMOUNT TO 75. SO WHEN WE LOOK AT ALL OF THESE THINGS TOGETHER UM , WE ARE MEETING THE COASTAL MANAGEMENT ELEMENT. WE ARE

[04:10:01]

I WANT TO POINT OUT THAT THE EXISTING INDUSTRIAL USES TO OUR NORTH AND EAST USE MACKENZIE ROAD. THERE IS INDUSTRIAL TRAFFIC ON THIS LOCAL ROAD ALREADY. PROVIDING SERVICE. UM SO KEEP THAT IN MIND WHEN YOU CONSIDER THE AVERAGE OF 80 TRUCKS PER DAY. SIGNIFICANTLY LESS THAN THE 100 TRIPS PER PEAK HOUR THAT ARE ALLOWED BY THE LAND DEVELOPMENT CODE. THAT IS A LOW AVERAGE TRAFFIC VOLUME. 80 PER DAY IS SIGNIFICANTLY LESS THAN 100 PER HOUR. THE TRIP LENGTH IS SHORT. IT IS THE EQUIVALENT OF WHAT IMPLANTING PARLANCE WE CALL WALKABLE. THERE ARE MINIMAL THROUGH TRAFFIC MOVEMENTS. THE STREET DEAD ENDS INTO A PUBLIC BOAT RAMP. AND THERE IS ADEQUATE ACCESS FOR ALL ABUTTING PROPERTIES TO ACCESS MCKENZIE ROAD, SO WE ARE ACTUALLY COMPLIANT WITH POLICY. 4.3 POINT ONE THE SAME CAN BE SAID FOR POLICY. 4.3 POINT TWO AGAIN. UH THIS IS A LOCAL ROAD. IT IS APPROPRIATE TO BE USED FOR THIS PURPOSE AND INDUSTRIAL TRAFFIC HAS BEEN OCCURRING ON MACKENZIE ROAD FOR SOME PERIOD OF TIME. WITH REGARD TO LEVEL OF SERVICE, WHICH IS HOW THE COUNTY MEASURES, TRANSPORTATION IMPACTS AND CONSISTENCY WITH THE COMPREHENSIVE PLAN. STATE ROAD 77 OPERATES AS A LEVEL SERVICE OF BE IN THE AREA OF MACKENZIE ROAD. AND SO WHEN IN SPEAKING WITH STAFF AND COORDINATING WITH THEM THROUGHOUT THIS PROCESS, IT IS MY UNDERSTANDING THAT THEY WOULD APPLY THAT TO MACKENZIE ROAD. THE COUNTY'S COMPREHENSIVE PLAN ALLOWS THE LEVEL OF SERVICE TO DROP TO A D. THE DEVELOPMENT ORDER THAT WAS SUBMITTED AND THE TESTIMONY THAT YOU'VE HEARD FROM MR BERGEN WOULD MAINTAIN THAT LEVEL OF SERVICE BE SO WE ARE NOT IMPACTING THE LEVEL OF SERVICE OF MACKENZIE ROAD OR STATE ROAD 77 WITH THIS APPROVED DEVELOPMENT ORDER. AS YOU KNOW, YOUR CODE IDENTIFIES, UM, GUIDELINES FOR ISSUING A DEVELOPMENT ORDER THAT IT IS CONSISTENT WITH THE CONFERENCE OF PLAYING AND THE LAND DEVELOPMENT REGULATIONS. IT IS MY PROFESSIONAL OPINION THAT THIS DEVELOPMENT ORDER WAS ISSUED CONSISTENT WITH THE CONFERENCE OF PLAN AND LAND DEVELOPMENT, CODE.

TRANSPORTATION AND WAREHOUSING IS A PERMITTED USE. POLICY 3.4 POINT EIGHT DOES PERMIT THE INDUSTRIAL FUTURE LAND USE TO CONTINUE THE SITE AS DESIGN DOES MEET THE N D TO BULK REGULAR BOOK STANDARD REGULATIONS. THE ADDITIONAL RESTRICTIONS OF THE SOUTHPORT NEIGHBORHOOD AS WELL AS THE DEVELOPMENTS, ADDITIONAL DEVELOPMENT STANDARDS FOR INDUSTRIAL USES. AND SO THIS DEVELOPMENT ORDER WAS ISSUED CONSISTENT WITH THIS GUIDELINE. THE PROPOSED DEVELOPMENT MUST NOT IMPOSE A SIGNIFICANT FINANCIAL LIABILITY. IT DOES NOT THE SERVICES THAT ARE AVAILABLE IN TERMS OF COUNTY FACILITIES WITHIN THIS AREA HAVE THE CAPACITY TO SERVE THE DEVELOPMENT AND SO WE ARE NOT CREATING A STRAIN ON THE TRANSPORTATION NETWORK OR UTILITIES. THE IMPROVEMENTS THAT ARE PERMITTED BY THIS DEVELOPMENT ORDER WILL ACTUALLY IMPROVE DRAINAGE AND WATER TREATMENT. PROMOTING ADDITIONAL WATER QUALITY PRIOR TO HITTING THE BANK. THE PROPOSED DEVELOPMENT MUST NOT CREATE AN UNREASONABLE HAZARD OR NUISANCE . IT IS MY PROFESSIONAL OPINION THAT THE DEVELOPMENT ORDER AND WHAT IS PROPOSED BY IT DOES NOT CREATE AN UNREASONABLE HAZARD. THE IMPROVEMENT ACTUALLY REDUCED SOME OF THE EXISTING CONCERNS AND IMPROVE COMPLIANCE, PARTICULARLY AS RELATED TO STORMWATER MANAGEMENT AND THE COASTAL PLANNING AREA. AGAIN MANUFACTURING DOES NOT OCCUR ON THE PROPERTY, AND SO WE WILL NOT HAVE ISSUES RELATED TO, UM SOME OF THE CONCERNS THAT WERE RAISED REGARDING MANUFACTURING. AND THE NOISE AND LIGHT LEVELS HAVE BEEN DEMONSTRATED TO BE CONSISTENT WITH COUNTY REGULATIONS. AND SO THEREFORE WE CANNOT CONCLUDE THAT THERE WILL BE AN UNREASONABLE HAZARD OR NUISANCE . WE HAVE MET THE TERMS OF THE LAND DEVELOPMENT CODE TO ISSUE THIS DEVELOPMENT ORDER. FINALLY, THE PROPOSED DEVELOPMENT MUST COMPLY WITH ALL OTHER APPLICABLE LAW STATUTES, ORDINANCES, REGULATIONS OR CODE. WE'VE TALKED ABOUT THE ADDITIONAL PERMITS BEING SECURED FROM THE VARIOUS STATE AND FEDERAL AGENCIES AS WELL, AS YOU HEARD TODAY, TESTIMONY OF THE ONGOING COORDINATION BETWEEN THE PROPERTY OR THE PROPERTY OWNER AND THE EP TO ADDRESS SOME OF THOSE OTHER ISSUES. AND SO FINALLY, IT IS MY PROFESSIONAL OPINION THAT THE APPROVED DEVELOPMENT ORDER IS CONSISTENT WITH THE COMPREHENSIVE PLAN. IT IS CONSISTENT WITH THE COUNTY'S LAND DEVELOPMENT REGULATIONS. IT DOES MAINTAIN AN EXISTING APPROVED INDUSTRIAL USE AND SUPPORT AND INDUSTRIAL ECONOMIC SECTOR OF THE COUNTY CONSISTENT WITH THE CONFERENCE OF PLAN, AND IT IS COMPATIBLE WITH THE EXISTING SURROUNDING DEVELOPMENT AND THE EXPECTED FUTURE

[04:15:04]

ALMOST WHO YOU FOR EVERYTHING YOU'VE GOT. DR BAKER. SHE LIVED NEXT DOOR TO ME. I DON'T KNOW SHE'S BACK YET. BUT SHE'LL TELL YOU BASICALLY THE SAME THING. OBJECTION. HEARSAY. WHAT'S HERE, SAM? JUST LIKE TO HEAR FROM YOU, SIR AND STUFF, SOME OTHER NEIGHBOR AT THIS TIME. SHE'S GOT

[04:20:05]

THANK YOU, SIR. NEXT. PLEASE TAKE YOUR NAME AND ADDRESS FOR THE RECORD. MY NAME IS JESSICA.

NOW SERENA'S AND I LIVE IN 16 48 CALLAHAN, WHICH IS ABOUT A QUARTER MILE FROM THIS SIDE. WE FEEL LIKE THIS, UM THE EXISTING OPERATION THAT'S HAPPENING AS WELL AS THE SILO PLAN WILL HAVE A NEGATIVE IMPACT ON OUR PROPERTY VALUES AND THE SURROUNDING AREA. WE FEEL LIKE THE CAR ON THE GRAVEL BARGE BLOCKS THE USE OF OUR PUBLIC RAMP. BASED OFF OF THE EXPERIENCE THAT WE'VE HAD SO FAR. I DON'T FEEL LIKE A REQUEST TO THE WORKERS WOULD WOULD WOULD LEAD US TO ACCESS THAT BOAT RAMP QUICKLY. UM IT'S CONSTANTLY A MESS DOWN THERE. IF YOU WERE TO TAKE YOUR BOAT DOWN THERE, THERE'S CONSTANT MESS OF GRAVEL IN FRONT OF THE RAMP. UM RISK RECENTLY WES SMITH GOT, UM, PAVED WHICH WAS NICE. UM BUT IT WAS SAID THAT THAT WAS AN EFFORT TO, UM MINIMIZE THE SEDIMENT THAT FLOWED INTO THE BAY. AND SO NOW WE HAVE THIS OTHER OPERATION WHICH ALLOWS FOR THEM. UM WE RECENTLY BUILT A HOUSE AND WE WOULD NOT HAVE IN THIS AREA. WE HAD KNOWN THAT WE WERE GOING TO HOW SILOS ACCOMPANYING OUR NEIGHBORHOOD. WE FEEL LIKE THE UPTICK THAT'S ALREADY HAPPENED AS WELL AS WHAT IS PROPOSED OF TRAFFIC IS A DANGER TO OUR RESIDENTS, AS WELL AS OUR CHILDREN AS WELL AS OUR PETS. UH UM, MY FAMILY AND I WOULD LIKE TO SEE OUR DOCTOR RESTORED TO A PLEASANT AND USEFUL TO BE PLEASANT AND USEFUL AGAIN IN ORDER THAT FOR THAT TO HAPPEN. UM IDEALLY, WE WOULD LIKE TO SEE THIS AGGREGATE NOT BE THERE AS WELL AS SILOS. BUT IF THAT'S NOT POSSIBLE, WE'D LIKE TO HAVE A HIGHER STANDARD OF CLEANUP. TO BE UPHELD SO THAT WE CAN HAVE OUR DOCK BACK. THANK YOU. THANK YOU. AFTERNOON, GENTLEMEN. MY NAME IS RICHARD. YOU KNOW, COMMANDER UNITED STATES NAVY RETIRED. I LIVE IT 74 OR SEVEN SALE BOULEVARD 9/10 OF A MILE DIRECTLY NORTH OF THE SITE. I CAN SEE IT FROM MY OWN WINDOWS, AND I CAN HEAR IT. BASED ON OBSERVED PAST AND CONTINUING PRACTICES. I HAVE NO BELIEF THAT THIS COMPANY AND THE DELIVERING BARGE COMPANY WILL EVER BE CONSIDERED GOOD NEIGHBORS BY THE CLOSELY SURROUNDING RESIDENTS. THE SHORT SIDE OPERATIONS NOISY AND DUSTY. IN THE TUG AND BARGE COMBINATION IS A LARGE, NOISY, DISRUPTIVE AND POTENTIALLY DANGEROUS THING TO INDUCE INTRODUCED INTO A PEACEFUL RESIDENTIAL BIO WITH A NARROW CHANNEL. WHAT WELL, THERE IS NO LONGER IN THE MIDDLE OF NORTH BAY. LARGE RUSTY, UNLIGHTED STEEL BARGE MOORING BUOY. WAS JUST THE FIRST OF A NUMBER OF ACTIONS WHICH INDICATED THIS COMPANY WAS INSENSITIVE. THE SURROUNDING RESIDENTS. AND, YOU KNOW, WE JUST HAD A DEATH UP THERE. I HAVE WITNESSED THE TUG . PERSONALLY I WITNESSED THIS TUG AND BARGE COMBINATION ENTERING THE BAYOU IN THE VERY EARLY MORNING DARKNESS. BEING FOLLOWED IN BY A TROPICAL STORM FORCE WIND. I WAS HORRIFIED AT THE POTENTIAL DAMAGE TO PRIVATE PROPERTY DOWNWIND TUG WERE TO LOSE POWER FOR THE BARS WERE TO BREAK LOOSE. TO GIVE ANY LANDLUBBERS HERE A BIT OF PERSPECTIVE. CONSIDER THE HAZARDS OF A FULLY LOADED 18 WHEELER. BARRELING DOWN A 25 MILE AN HOUR ROAD. AT 60 MILES AN HOUR. IN THE DARK. BECAUSE THAT'S WHAT WAS GOING ON HERE. I'VE BEEN AT SEA FOR 50 YEARS AND I KNOW RISK WHEN I SEE IT. IF THIS BARGE DELIVERIES TO CONTINUE ON A REGULAR BASIS FOR YEARS TO COME WITH US, AS SORT OF COWBOY ATTITUDE, A SERIOUS ACCIDENT IS BOUND TO OCCUR.

BOUND TO OCCUR. WHETHER IN LIGHT RESTRICTIONS WOULD NEED TO BE IN PLACE TO PROTECT BOTH THE OPERATOR AND THE RESIDENTS. THAT'S JUST THE WAY IT'S GOTTA BE. THIS IS SERIOUS QUALITY OF LIFE. YEAH ISSUE TO MY NEIGHBORS AND ME BECAUSE SOUTHPORT IS NO LONGER THE BACKWATER WAS 50

[04:25:08]

THANKS SIR. YES, SIR. MY NAME IS CHRIS BROWN. I LIVE 67 21, TILLMAN WROTE. OUR HOUSE IS A SECOND HOUSE THAT ANY VEHICLE PASSES ON. WE'VE BEEN THERE FIVE YEARS. THE TRUCKING COMPANY THAT EVERYBODY TALKS ABOUT BEING INDUSTRIAL STRUCTURE EMPTY. THEY DON'T CARE THE ROAD UP. WE DON'T NEVER SEE THEM AFTER DAYLIGHT BEFORE MORNING BEFORE DAYLIGHT. THOSE TRUCKS ARE GONE THROUGH OUR NEIGHBORHOOD BEFORE DARK THERE BACK IN THERE IN THE PARK. THE ROAD GOING TOWARDS THE BAY.

IT'S FINE. COMING BACK THIS WAY. IT'S 12 TO HELL. NEED TRUCKS. THEY'RE TEARING UP THE ROAD. I CAN'T USE MY BOAT ROUND. THERE WAS A SELLING POINT FOR ME AND MY WIFE WHEN WE BOUGHT OUR HOUSE. AND I'VE CALLED YOU ALL SINCE. JUNE 2000. 19 ABOUT REPAIRING THE DOT I AIN'T DONE NOTHING TO IT. AND TALK TO THESE TOGETHER. THAT'S NOT MANY. THEY MADE BIGGER LAW. PLAY THAT YOU TALK TO OTHER PEOPLE. NO ONE COMES TO MY HOUSE. I'VE NEVER SEEN ANY KIND OF THE CLOSURE OR ANYTHING THAT THEY WERE GOING TO DO WITH EVERYBODY. I WOULD HAVE NEVER BOUGHT RIGHT THERE. IT WOULD HAVE KNOWN THAT BESIDES THAT THE TRUCKS WHEN THEY GO DOWN THERE IN THE MORNINGS TO LOAD UP WITH THE AGGREGATE. BY THE TIME THEY COME BY OUR HOUSE, THEY'RE RUNNING 50 60 MILES AN HOUR. ONE OF MY GRANDKIDS GOES OUT THERE. IT'S GONNA BE BAD. UM SHE SAYS. IT'S NOT DANGEROUS. IT IS. IT'S DANGEROUS. IT'S EXTREMELY DANGEROUS THAT WE'VE GOT AN ACRE AND A HALF BY LAW WHERE I LIVE. I CAN PUT AMOUNT IN MY BACKYARD AND SHOOT ALL MY GUNS. I WANT BUT DO I DO THAT? I'VE GOT COMMON SENSE, LADY. NO, I DON'T BECAUSE I KNOW IT'S DANGEROUS. I'M NOT GONNA I'M NOT GONNA ENDANGER MY NEIGHBOR. TWILIO. THAT'S ALL I GOT. THANK YOU, SIR. MY NAME IS DELORES BASE AND LIVE ON HOPKINS LANE. MAY SOUTHPORT RESIDENT I AM A FAN IN BAYOU RESIDENT. I'M JUST NOT A RESIDENT OF THIS LITTLE NEIGHBORHOOD. WHERE THE PROJECT IS. SO. I DO NOT FEEL THEY CAN PROMISED ALL THESE PROMISES ABOUT KEEPING THE NOISE TO A CERTAIN DECIMAL. KEEPING THE ENVIRONMENT SAFE. WE HAVE HEAVY RAINS ALL THE TIME. THERE IS NO WAY THEY CAN GUARANTEE THAT THERE IS NOTHING GOING TO SLIDE INTO THE WATER INTO THE BAY. UM WHEN THEY ZONED IT LONG TIME AGO FOR INDUSTRIAL. I THINK THEY WERE TALKING MORE ABOUT A LITTLE SMALL MANUFACTURING THING. NOT THIS HUGE 3 16 STORY TOWER. UH PROJECT. I THINK IT WOULD BE EXCELLENT IF THE COUNTY COULD TRY TO NEGOTIATE WITH THE GUY THAT'S TRYING TO SELL THE LAND TO THE TRUCKEE INTO THE SUMMIT COMPANY AND HAVE SOMEONE BUY IT AND MAKE IT NICE LITTLE RESTAURANT AREA WITH THE DECK. I THINK THAT'D BE REAL NICE TO IMPROVEMENT FOR THAT AREA RIGHT THERE INSTEAD OF WHAT WE'VE GOT NOW. UM, ALSO. MY PILLOW COULD COME IN AND THROW UP A ONE STORY SHED AND MAKE PILLOWS THAT WOULD FIT IN THE ZONING CORRECT. UM. SEE THAT THAT THE THEY HAVE A PLANT OR SOMETHING OVER ON 15TH STREET. WHY DON'T THEY JUST IMPROVED? ENLARGED THAT AREA? WHY DO THEY HAVE TO BE RIGHT HERE? WHY? I MEAN, I DON'T CARE HOW MUCH CHEAPER IT IS. HOW MUCH CHEAPER HOW MUCH MORE MONEY IS GOING TO COST? THE LOWER THOSE TOWERS? IT DOESN'T MATTER TO US, YOU KNOW? UM THIS THIS IS NOT THE RIGHT PROJECT FOR THIS NEIGHBORHOOD. AT ALL. I THINK YOU GUYS THE COUNTY, THE CITY.

THE STATE NEEDS TO SUBMIT COMPANY MORE THAN WE NEED THEM. BECAUSE EVERYWHERE I GO IN THIS TOWN, YOU GO UP AND DOWN 3 90, WHICH IS THREE DIFFERENT YOU GOT LYNN HAVEN. YOU'VE GOT THE STATE

[04:30:05]

THANK YOU FOR LETTING ALL OF US SPEAK OUR PEACE. THANK YOU, MA'AM. YES, MA'AM. NOTHING.

ACROSS THE. IT'S JUST BETTER. I AM NOT A PUBLIC SPEAKER. SO IF I PASS OUT, Y'ALL JUST READ MY PAGES, OKAY? MY HUSBAND AND I HAVE PURCHASED THIS HOME IN FEBRUARY OF 2022. WE WERE VERY EXCITED TO MOVE IN AND START ENJOYING THE BACK AND LAYING ROOTS IN THIS COMMUNITY. WE'RE NOT FROM SOUTHPORT. WE WANTED TO BE THERE. OUR CHILDREN ARE FIVE AND EIGHT YEARS OLD. YOU CAN IMAGINE MY SURPRISE THE FIRST WEEK OF MOVING IN PUTTING MY KIDS TO BED. THE HOUSE WAS REVERBERATING WITH A LOUD NOISE FROM A DOZER AND BRIGHT LIGHTS WERE RESONATING IN THEIR BEDROOM. THIS CONTINUED FOR MULTIPLE DAYS, STARTING AT FIVE AM AND LASTING UNTIL 10 PM EVEN THOUGH THEY'RE ON THEIR CELL PHONES. AND SOMETIMES UNTIL MIDNIGHT. THE NEXT WEEK, WE LEARN THAT 3 16 STORY SILENCE WERE BEING BUILT RIGHT ACROSS STANDING BY YOU FROM US. THE WIND USUALLY BLOWS DIRECTLY TO OUR PROPERTY FROM A BIG ACROSS THE BAY PARTICULATES WILL BE BLOWING INTO MY BACKYARD INTO MY CHILDREN'S PLACE UP. WE'RE BOTH HEALTHCARE WORKERS. MY HUSBAND HAD TO LEAVE. HE'S AN EMERGENCY PHYSICIAN. HE HAD TO GO. WE BECAME CONCERNED ABOUT WHAT TOXINS COULD POTENTIALLY WE COULD BE EXPOSING OUR CHILDREN TO WE WOULD NEVER HAVE BOUGHT THIS HOME. HOW DO WE KNOW THIS WAS GOING ON? NOTHING WAS DISCLOSED TO US. THIS WILL ALSO HAVE AN EFFECT ON MY PROPERTY VALUE. AGAIN HOW DO ANY OF US BEEN DISPOSED? AS WE WOULD NOT HAVE BEEN THERE? I NEVER WOULD HAVE PURCHASED A HOME. I THOUGHT THAT MY CHILDREN COULD GET HURT IN WE QUICKLY STARTED AN EMAIL DIALOG WITH US OUTPUT COMMISSIONER. WE ALSO STARTED A DIALOGUE WITH THE SRM CONSULTANT HERE. THEY TRIED TO ANSWER SOME OF OUR QUESTIONS. AND THEN THEY GOT FORWARD OVER TO PLANNING AND ZONING AFTERNOON ANSWERED US. THE NEXT DAY, I AGAIN REACHED OUT. A FEW OF OUR QUESTIONS WERE ANSWERED. PLANNING ON ZONING ALSO TOLD ME SPECIFICALLY THAT THEY WOULD GET BACK WITH ME ABOUT SOME OF MY QUESTIONS THAT NEVER HAPPENED. WE HAVE SPOKEN WITH THE GENERAL MANAGER HERE FOR THREE TIMES ABOUT THE SIGHTS ON SEPARATE OCCASIONS. I'M A FIRM BELIEVER AND TRYING TO OFFER SOME SOLUTIONS TO SITUATIONS RATHER THAN JUST COMPLAIN. WE'VE HAD CONVERSATIONS, BOTH WITH COMMISSIONERS. I SAID, AS WELL AS THE AS I AM ASKING FOR. I BELIEVE A FEW POSSIBLE LEGITIMATE SOLUTIONS TO SOME, NOT ALL THE ISSUES. FOR EXAMPLE, WE ASKED JUST FOR SIMPLY AN UPDATED MUFFLER FOR THE BIG LARGE DOZER THAT KEEPS BEING USED. THAT'S THE ONE THAT MAKES ALL THE NOISE. THE SMALLER ONES WE DON'T HEAR AS MUCH. WE ASKED A POTENTIALLY BUILDING A PERIMETER FOUND BURIAL WALL AS USING LARGER CITIES COULD POSSIBLY BE DONE HERE. WE ARE ALSO ASKED IF SRM WOULD UPDATE THEIR WEBSITE ON THE DAY OF THE BARGES WERE COMING IN SO THAT WE CAN CHECK THE WEBSITE. I COULD GO TO PUBLIX. I DON'T HAVE TO HEAR IT. I'LL LEAVE. YOU KNOW, I'LL COME BACK WHEN IT'S OVER.

NONE OF THESE QUESTIONS WERE ANSWERED. NEXT THING YOU KNOW, THE APPROVAL WENT UNDER IT WAS DONE. EVERYTHING WAS SAID AND DONE. SRM HAS NOT BEEN WILLING TO HELP WITH THE SMALLER ISSUES.

IMAGINE HOW THEY WILL ACT WITH THIS BIGGER PRODUCTION. IF THEY ARE ALLOWED TO BUILD THE SILOS, THEY WILL PUSH EVERY BOUNDARY AND FURTHER CAUSE DETERIORATION OF SOUTHPORT. WE INVITE YOU COME ON DOWN TO MY BACK PORCH. SEE THAT I HAVE STANDING. THAT WAS THE QUESTION LAST TIME SEEING THAT MY CHILDREN HAVE STANDING COME TO MY BACKYARD. WE BELIEVE IN BUSINESS. WE BELIEVE CONCRETE NEEDS A WAY TO GET HERE BUT OVER INDUSTRIALIZING A VERY SMALL ACREAGE THAT INCLUDES WETLANDS AND IS SURROUNDED BY RESIDENTIAL AREAS IS NOT OKAY. THANK YOU, MA'AM. YES, MA'AM. GOOD AFTERNOON. MY NAME IS DR BOBBY BAKER. SCARE IT AND I RESIDE AT 28 67 ELLIS ROAD. I HAVE LIVED THERE SINCE JUNE. 13TH 2003. AND EVEN THOUGH THAT PARTICULAR PROPERTY HAD BEEN ZONED FOR INDUSTRIAL SINCE BEFORE WE GOT THERE. IT HAS NOT BEEN USED AS A INDUSTRIAL PROPERTY UNTIL JUST AFTER HURRICANE MICHAEL. I DIDN'T MIND SO MUCH THE NOISE BECAUSE WE ARE RIGHT THERE NEXT TO IT. I DIDN'T MIND SO MUCH. THE NOISE THAT STARTS BEFORE SEVEN O'CLOCK IN THE MORNING, OR THE LIGHTS SHINING THROUGH OUR WINDOWS OR THE BARGES THAT COME BY, OR THE FILLING IN OF THE BAYOU, BUT I REALLY DO HAVE A CONCERN ABOUT PARTICULATE MATTER THAT MAY COME FROM THAT.

CURRENTLY IN THE HOUSE ARE TWO PEOPLE WHO HAVE ASTHMA AND THREE CHILDREN UNDER THE AGE OF 10, AND WE HAVE THIS HABIT THIS VERY BAD HABIT OF WANTING TO BREATHE . AND SO I'M VERY CONCERNED ABOUT HOW THAT'S IMPACTING US. AND THAT'S ALL I HAVE TO SAY. THANK YOU. YES, MA'AM. YOU WANT MY APP? YOUR NAME AND ADDRESS. YES, MA'AM. KATHLEEN GOULD AND I LIVE AT 74 30 BAKER AVENUE.

[04:35:09]

[04:40:03]

IT'S BEEN WONDERFUL. YES, I'VE BEEN OUT WORKING IN MY YARD. I HAVE HAD TIME PROBLEM. WITH SOME BREATHING. I DON'T KNOW IF IT'S RELATED TO THAT OR NOT, BUT IT SURE WOULD BE A SHAME FOR IT TO BE WHERE MY GRANDKIDS MY KIDS CANNOT COME THERE ANYMORE. AND THEN WE'RE GONNA HAVE TO MOVE AS WELL. JUST PLEASE GIVE ATTENTION TO IT. I LOVE THE AREA. IT'S BEAUTIFUL AND HATRED TO BE DESTROYED. THANK YOU. YES, SIR. PLAYING DAVID EUBANKS AT 71. OH, EIGHT. YEAH. CACCIA DRIVE SOUTHPORT. CARRY CORNER. WITHIN THE 4TH 1/4 OF A MILE FROM IT. THAT PLANT. I GET THE SAME SYMPTOMS THAT EVERYBODY ELSE GETS. IS JUST, UH DOORS AND RATTLING THE WHOLE WALLS. IT WAKES YOU UP AT NIGHT. YOU CAN'T YOU CAN'T SLEEP. BUT YOU KNOW THEY TALK ABOUT FOR RISK OF FOREIGN INDUSTRY. AND COAL GASIFICATION. AND, UM. NEW PRODUCT DEVELOPMENT AND CLEAN COAL TECHNOLOGIES. AND I'M FAMILIAR WITH ORDERS FROM THE YEAR WITH CONVEYORS. THEY DIDN'T THEY LOST OVER THIS. THAT DIDN'T TELL YOU HOW THEY PUT THAT CEMENT UP THERE. BUT YOU KNOW MOST OF THE TIME IT'S NOT ORDERED UP THERE. IT'S UH, BLOWING UP THERE SOMEHOW. WELL, THAT AIR HAS TO GO SOMEWHERE, AND THEY HAVE THIS BAG HOUSES THEY DESIGNED PUT ON TOP OF THESE THINGS, AND I CAN TELL YOU I'VE WORKED AROUND THESE KIND OF THINGS BEFORE, AND HE LEAKED.

THAT'S UNDER APOLOGY PRESSURE. AND THE BANKS WILL, YOU KNOW, SUPPOSEDLY CEMENT FROM GETTING THE ATMOSPHERE, BUT IT'S GONNA BLOW AND YOU TALK ABOUT AT HIGH 16 STORIES UP I HAVE ASTHMA, COPD. I'M 80 YEARS OLD. AND, UH , I'VE BEEN AT 22 YEARS. I'VE NEVER SEEN ANYTHING LIKE THIS JUST JUST CAME HERE. I MEAN, ALMOST OVERNIGHT HERE, THESE MOUNTAINS AND THINGS THESE DOZERS RUNNING OVER MY GOD, IT'S COMPLETELY CHANGED OUR WHOLE LITTLE NEIGHBORHOOD THERE. WE YOU KNOW, WE WANTED TO RETIRE TO WHERE WE'RE GONNA GRANDCHILDREN WHO WERE HOPING TO LEAVE IT TO THEM. AND YOU KNOW, WE'RE REALLY DISTURBED BY ALL THIS BECAUSE WE CAN'T GET OUT OF THE CHANNEL.

NOW WE CAN'T EVEN WE HAVE MANATEES THAT CAN'T GET OUT BOTH PROBLEM. ON THEIR BACKS AND STUFF. BUT THESE BARGES ARE PROP WASHING THEIR MAKING ISLANDS OUT THERE. AND THEY'RE DESTROYING THE WHOLE BIO. SO THERE'S A PLACE FOR STUFF LIKE THIS, BUT IT'S NOT THERE. AND I'LL GIVE YOU ANOTHER EXAMPLE. DOWN DOWN THE ROAD. UH, HOW WE 98 AT ST MARK'S. THERE'S SRM PLANT DOWN THERE, AND I WISH YOU COULD SEE THE TRUCKS COMING OUT ON THAT HIGHWAY. YOU THINK YOU'VE GOT A PROBLEM? YOU WAIT TILL THEY START COMING OUT SOUTHPORT THEORY. WE'RE GONNA HAVE. I MEAN, IT'S DUST FLYING EVERYWHERE THERE SO ROADS AND YOU HAVE TO HAVE A TRAFFIC LIGHT OR SOMETHING THERE BECAUSE THAT WON'T BE ABLE TO CROSS ALL THESE LINES OF TRAFFIC. THIS THAT'S A BUSY HIGHWAY. 77 IS BUSY. SO I REALLY HOPE THAT YOU CONSIDERING THE FACT THAT YOU KNOW OUR GRANDCHILDREN. OR HAVE BREATHING PROBLEMS. WE HAVE LITTLE KIDS, UH, YOU KNOW, A LOT OF US HAVE RESPIRATORY PROBLEMS. THIS IS GOING TO IMPACT US NEGATIVELY. I KNOW THIS DUST FLIES DOES NOT JUST COLLECTED THE DRAG HOUSE AND FALL DOWN. IT'S A LOT OF THAT GETS AWAY FROM HIM BECAUSE I'VE BEEN AROUND IT WORKED AROUND IT. ALMOST 30 YEARS. SO THANK YOU VERY MUCH FOR YOUR ATTENTION AND APPRECIATE IT. THANK YOU, SIR. YES, SIR. THOSE ARE MR MOORE. LADIES AND GENTLEMEN, COUNSELORS. MY NAME IS BILL BUSH. 11 WEST SMITH. I WAS INSTRUMENTAL IN HAVING THAT ROAD PAID WITH THE E P A. BECAUSE YOU'RE SAND WAS GETTING IN MY DITCH. AND I WISH YOU'D COME MOVE IT. ANYWAY. I'VE HAD S , I'M RETIRED FROM THE STATE OF FLORIDA AGRICULTURE AND CONSUMER SERVICES. I WAS THE SAFETY OFFICER. AND THE SUPERVISING ENGINEER. MAINTENANCE FOR BROWARD DADE, PALM BEACH AND MONROE COUNTY. I CAN TELL YOU. THE INTERSECTION AT MACKENZIE AND 77. NORTH WILL NOT ACCEPT ANY MORE TRUCKS. IT'S ALREADY DANGEROUS. YOU CAN'T GET OUT OF THERE WITH THE TRAILER. WE'RE TALKING 30. FT TRUCKS WITH 13 6 FT OF HEIGHTS TRYING TO GET OUT OF THERE. IT'S NOT GONNA HAPPEN . THAT MEANS THEY'RE GOING TO COME DOWN WITH SMITH TO MARINA

[04:45:04]

UM AS I UNDERSTAND WHERE IT CONDITIONALLY APPROVED SHELLFISH HARVESTING CLASS. TWO WATERS OF THE STATE. AND SO THAT'S GOT TO MEAN SOMETHING. WE'RE ONE OF THE MOST IMPORTANT ESTUARIES IN BAY COUNTY FAN IN BAYOU. THAT'S GOT TO MEAN SOMETHING. WE HAVE THE WATER DEW POINT LEADING CAR

[04:50:03]

DO NOT DO THIS IF WE DON'T WANT THIS THING IN SOUTH FORK, WE DON'T IT'S NOT JUST THE SOUTHPORT ISSUE. I HAVE BEEN TOLD TO SILICON IS AIRBORNE HAS A FIVE MILE RADIUS FROM THAT SIDE. IT'S COMING UP TO TOM P. HANEY AND IN THE SAND EELS UP TO THE HIGH SCHOOL JUNIOR. THIS IS A BAY COUNTY PROBLEM. IF YOU CANNOT STAND HERE AND SAY WE DON'T WANT THIS THROW IT TO COURT AND THE JUDGE SAID. THANK YOU SEVEN. MY NAME IS ELEANOR THOMPSON. I LIVE AT 2018 COUNTRY CLUB DRIVE. I DO NOT WANT THIS COMPANY TO EXPAND IN OUR AREA. I COME FROM INDUSTRIAL CESSPOOL.

DETROIT MICHIGAN AND I MOVED HERE TO GET AWAY FROM THAT. AND RETIRE HERE IN A BEAUTIFUL, LOVELY COMMUNITY. NOT ONLY THAT , WHILE I WAS LISTENING TO THIS COMPANY SPEAK THEY SAID THAT EVERY TIME ABOUT WANTED TO GO OUT WAS I AM I UNDERSTANDING THIS CORRECTLY FROM THE MARINA THAT THEY WOULD HAVE TO MOVE A BARGE AND TUGBOAT. WITH A TUGBOAT. TO PUT A BOAT IN THE WATER. DID I HEAR THAT CORRECTLY? BECAUSE MY HUSBAND. 35 YEARS. HE WAS A TUGBOAT MASTER. OKAY AND THE ONE THING HE COMPLAINED ABOUT WAS RESIDENTIAL VOTERS IN HIS AREA.

OKAY? THERE WERE ACCIDENTS. I'M JUST ASKING YOU TO CONSIDER THAT. THANK YOU. THANK YOU. YES, SIR. MY NAME IS MERYL PERRY. I LIVE AT 68 21 HILLIARD STREET. WHICH HAS BEEN THE VICE FAMILIAR I OWN 3.5 ACRES ON A POINT. RIGHT BESIDE THIS. THIS DEVELOPMENT OF BEEN THERE OVER 20 SOMETHING YEARS. NO, THIS IS NOT ALWAYS BEEN UH, PROFITABLE AGGREGATE. YOU KNOW? PILE DID OR

[04:55:08]

INCONVENIENCE AS FAR AS WHAT'S UP THERE WHAT WE CAN DO. THESE PEOPLE ARE TALKING ABOUT CHANGING EVERYTHING. THERE ARE NO SILOS THERE NOW. THEY KEEP SAYING THAT WE'RE NOT GOING TO INCREASE ANYTHING. IF THERE'S NO SILOS DOWN. PROBLEM. YEAH I UNDERSTAND THAT. IF PEOPLE LEFT IT LIKE IT IS RIGHT NOW WE PROBABLY DON'T HAVE A LEG TO STAND UP. AND I UNDERSTAND IF THAT'S WHAT THEY WANTED TO DO. THAT'S NOT IT CHANGING EVERYTHING. AND TO ME. THAT'S GONNA RUIN THIS PART OF SOUTHPORT. THERE'S ALWAYS SILT. GOING INTO THE BAY. WE DON'T LIKE IT. BECAUSE IT'S GOING TO RUIN IT. ANYTIME YOU HAVE THIS KIND OF THING. YOU WIND UP HAVING AND MAJOR MAJOR ISSUES WITH CONTAMINATION. SO PLEASE CONSIDER IT. THINK ABOUT THE SOUTHPORT AREA HAVE BEEN OVER 20 SOMETHING YEARS. LOVE IT. WHEN I FIRST MOVED THERE, EVERYBODY SAID YOU'RE GONNA MOVE TO SOUTHPORT, BUT WE LOVE IT THERE. THE PEOPLE ARE GREAT. ANSWER GREAT AREA TO LIVE. WE JUST WANT TO LEAVE IT LIKE THIS. THANK YOU, SIR. LET'S DO ABOUT A 5 TO 10 MINUT TRYING TO HAVE THEIR THERE WE GO. SO EACH SIDE IS GOING TO GET FIVE MINUTES OF CLOSING, AND THEN IT WILL BE TURNED OVER TO US FOR US TO DISCUSS AND MAKE A DECISION HERE. SO WITH THAT WE WILL START WITH THE PELLY. WITH THE APPELLANT PELLY GETS TO GO FIRST, AND THE APPELLANT GOES LAST UNLESS YOU WANTED OPPOSITE. THAT'S WHERE IT WAS WRITTEN IN WHAT I WAS PROVIDED NEXT FIRST PELLY, RIGHT? YEAH. OKAY BELIEVE BELIEVE. LOVE YOURSELF. MESS UP.

ALL RIGHT. CAN YOU HEAR ME? GOOD. WELL, THIS HAS BEEN QUITE A LONG PROCESS. AND IT'S BEEN A LONG PROCESS TODAY. UM AND WE ON BEHALF OF HOLLINGSHEAD. WE DO APPRECIATE YOUR TIME AND CONSIDERATION. AND I KNOW YOU'VE ALL VERY CLOSELY LISTENED TO ALL THE EVIDENCE, WHICH IS APPRECIATE IT. UM, AS I TOLD YOU A MONTH AGO, WHEN WE WERE HERE, THIS WAS GOING TO BE A FULL BLOWN TRIAL. WE HAVE EXPERTS AND A LOT OF PEOPLE HERE, TESTIFY ABOUT ABOUT THIS DEVELOPMENT ORDER. BUT I WANT TO BRING YOU DOWN TO THE ONE PIECE THAT REALLY THIS IS ABOUT NOW. WHICH IS IN THE MEMO THAT YOUR COUNCIL HAS ASKED PROVIDED TO YOU. AND THAT IS YOU'RE NOT HERE CONSIDERING A LAND USE AMENDMENT. YOU'RE NOT HERE CONSIDERING WHETHER TO GRANT A CONDITIONAL USE. YOU'RE SIMPLY HERE TO DETERMINE WHETHER OR NOT WHAT YOUR STAFF DID IN GRANTING THIS DEVELOPMENT ORDER. CONTAINED ANY ERRORS. AND SO YOUR SCOPE IS VERY SMALL. UM THE APPELLANT'S HAD THE BURDEN TODAY. TO PRESENT COMPETENCE, SUBSTANTIAL EVIDENCE. THAT THERE WAS AN ERROR MADE. IF THERE WAS NO ERROR MADE BY YOUR STAFF BASED ON THAT CONFIDENCE, SUBSTANTIAL EVIDENCE, THEN YOU HAVE TO APPROVE THE DEVELOPMENT ORDER AND DENIED YOUR APPEAL.

AND I'M GOING TO SUGGEST TO YOU THAT THE EVIDENCE YOU HEARD TODAY. WAS OVERWHELMING IN FAVOR OF YOUR STAFF. WHAT YOU HEARD FROM THE APPELLANT'S WAS BASICALLY TWO PEOPLE YOU HEARD FROM MR. UH, SLOW, NINA. WHO IS AN ENGINEER AND WHO ALSO WROTE HIS COMPANY WROTE THE

[05:00:10]

THANK YOU. THANK YOU. I'D ALSO LIKE TO TAKE A MOMENT TO THANK YOU FOR YOUR TIME. IT HAS BEEN A LONG DAY AND A LONG MONTH OF, UM OPERATION TO GET TO TODAY. BUT I STAND BY THE TESTIMONY OF MS GAUCHER AND OF MR SLOW, NINA ALSO STAND BY THE DOCUMENTS YOU'VE RECEIVED SO CONFIDENT. SUBSTANTIAL EVIDENCE IS NOT ONLY WHAT YOU HEARD FROM THE PODIUM HERE TO DAVID. IT'S ALSO WHAT'S CONTAINED IN THOSE RECORDS. AND THERE'S RECORDS INDICATE THAT THERE WERE DISCREPANCIES WITH THE INFORMATION PROVIDED RELATED TO TRAFFIC. UM THOSE DOCUMENTS INDICATE THAT THE COUNTY SHOULD HAVE REQUIRED AN ENVIRONMENTAL ASSESSMENT AND DID NOT UM, AND THOSE DOCUMENTS IN THE TESTIMONY FOR TODAY INDICATE AND SHOW THAT THIS PROPOSED DEVELOPMENT DOES NOT COMPLY WITH THE LAND DEVELOPMENT CODE OR THE COMPREHENSIVE PLAN. THE USE IS INCOMPATIBLE WITH THE SURROUNDING RESIDENTIAL USES. YOU'VE HEARD THAT THE CURRENT OPERATIONS ONGOING WITHOUT THE REQUIREMENT. COUNTY PERMITS THEIR CURRENT VIOLATIONS AND DESTRUCTIVE IMPACTS TO THE WETLANDS AND THE BAYOU. THIS IS AN UNLAWFUL EXPANSION OF AN EXISTING UNLAWFUL OPERATION. AND ALTHOUGH WE'VE HEARD TESTIMONY RELATED TO WHETHER OR NOT THIS IS MINING VERSUS WAREHOUSING AND TRANSPORTATION. THE DOCUMENTS THAT WERE APPROVED BY KAREN STAFF CLEARLY STATE THAT ITS MINING SO I WOULD HOSE THAT IF YOU FOUND. INSUFFICIENT TO COMPLETELY DENY THE DEVELOPMENT ORDER. YOU HAVE AN OPTION TO REMANDED BACK TO COUNTY STAFF FOR FURTHER ANALYSIS AND REVIEW WITH DIRECTION TO REQUIRE THAT ENVIRONMENTAL IMPACT ANALYSIS WITH DIRECTIONS TO THE APPLICANT TO CONSIDER LOWERING THE HEIGHT OF THE SILOS. UM THERE ARE MEASURES YOU CAN TAKE TO LIMIT THE NIGHTTIME OPERATIONS. THERE ARE MEASURES YOU CAN TAKE TO

[05:05:05]

THEY'RE THE ONES WHO VOTE YOU INTO OFFICE. AND THEY'RE THE ONES WHO COME BEFORE YOU ASKING FOR HELP. AND, UM IT'S COMPLETELY WITHIN YOUR POWER TO DENY THE DEVELOPMENT ORDER OUTRIGHT. BASED ON THE EVIDENCE AND TESTIMONY THAT YOU'VE HEARD YOU CAN FIND THAT OUR EXPERTS WERE MORE RELIABLE OR THAT YOU RELYING MORE HEAVILY ON THEIR TESTIMONY THAN THAT OF THE OPPOSITE OPINION, AND THAT'S WHAT HAPPENED TODAY. YOU'VE HEARD ONE, EXPERTS SAY ONE THING AND ONE EXPERTS SAY ANOTHER. BOTH ARE QUALIFIED EXPERTS IN THE AREA OF LAND USE AND PLANNING AND YOU CAN CHOOSE TO SIDE WITH THE APPELLANTS AND WHETHER YOUR CITIZENS AND TO DENY THE APPROVAL OF THE DEVELOPMENT ORDER I WOULD JUST DIRECT YOU TO THE LANGUAGE OF YOUR OWN CODE. IT'S THE INTENT OF THE CODE, PROMOTE THE HOMEOWNERS, QUIET USE AND ENJOYMENT OF THE PROPERTY. THERE'S LANGUAGE IN THE CODE THAT RESTRICTS CERTAIN OPERATIONS FROM ADJACENT TO RESIDENTIAL PROPERTY. THERE'S LANGUAGE IN YOUR COMPREHENSIVE PLAN IN THE SOUTHPORT NEIGHBORHOOD PLANNING AREA, WHICH RESTRICTS NEW INDUSTRIAL USES, AND IT'S OUR POSITION THAT THIS IS A NEW INDUSTRIAL USE. OR AN EXPANSION OF AN UNLAWFUL NONCONFORMING USE. AND SO. WHILE THERE'S BEEN A LOT PRESENTED, AND, UM I'M SURE A LOT FOR YOU TO CONSIDER I WOULD ASK THAT YOU KEEP IN MIND THAT THIS IS NOT A BURDEN. FERRIS CASE. THIS IS NOT INVESTED RIGHTS HEARING. THIS IS AN APPEAL OF A DEVELOPMENT ORDER. AND WE HAVE SUBMITTED SUFFICIENT EVIDENCE TO SHOW THAT THE COUNTY HAS FAILED TO COMPLY WITH ALL THE REQUIREMENTS OF ELECTABLE. AND OF THE COMPREHENSIVE PLAN, AND I WOULD ASK THAT YOU HEAR WHAT YOUR CITIZENS HAVE ASKED YOU SIDE WITH YOUR CITIZENS AND DENIED THE REQUEST OR IN THE ALTERNATIVE THAT YOU REMANDED BACK TO COUNTY STAFF FOR FURTHER CONSIDERATION. CONSISTENT WITH YOUR LAND DEVELOPMENT CODE AND YOUR COMPREHENSIVE PLAN THAT YOU PROTECT THE HEALTH OF YOUR RESIDENTS TO PROTECT THE ENVIRONMENT, THE NATURAL RESOURCES, THE PUBLIC AMENITIES , THE PUBLIC VOTE RAMP, THE LIST GOES ON AND ON AS TO THE REASONS THAT YOU CAN FIND THAT PRESENTATION BY THE APPLICANT WAS INSUFFICIENT AND JUST BECAUSE THE PROPERTY IS OWNED INDUSTRIAL DOESN'T MEAN YOU HAVE TO LET ANYTHING AND EVERYTHING GO OUT THERE. YOU HAVE THE ABILITY AND THE AUTHORITY TO REQUIRE THAT ANY NEW DEVELOPMENT BE CONSISTENT WITH AND SERVE THE PUBLIC WELFARE OF YOUR COMMUNITY. SO THANK YOU FOR YOUR TIME. OKAY. THANK YOU. ALRIGHT, SO THIS TIME WE WILL CLOSE THE PUBLIC HEARING TO TURN IT OVER TO THE BOARD. NOW IS YOUR OPPORTUNITY FOR US TO DISCUSS YOU CAN ASK QUESTIONS OF STAFF. IT WOULDN'T HURT IF LEGAL, BRIAN, IF YOU COME UP BASICALLY TELL US THE SAME TELL YOU TOLD US HOW MANY HOURS AGO WE HAVE THREE OPTIONS IS WHAT I RECALL. APPROVED, DENY OR APPROVAL CONDITIONS. SO, UM. SO YOU HAVE THREE OPTIONS IN THIS TIME YOU CAN MAYBE FOR YOU CAN YOU CAN APPROVE IT, YOU CAN APPROVE IT WITH CONDITIONS. UM YOU CAN DENY THE YOU CAN DENY IT. I HEARD SOME DISCUSSION ABOUT MAYBE DOING SOMETHING WITH HYPE. UM IF THAT'S THE DIRECTION OF THE BOARD IS CONSIDERING THAT WOULD PROBABLY REQUIRE A REMAND BACK TO THE OH, BACK TO STAFF BECAUSE I WOULD REQUIRE BASICALLY A COMPLETE REDO OF THE DEVELOPMENT ORDER SO YOU WOULDN'T BE ABLE TO JUST DO THIS CONDITION. THOSE ARE THE OPTIONS ANY OF THOSE OPTIONS NEED TO BE BASED ON THE EVIDENCE PRESENTED. SO, UM, IF YOU IF YOU WANT TO MAKE A CONDITION REGARDING THE BOAT RAMP FOR ABOUT NOISE OR ABOUT HYPE. IT NEEDS TO BE BASED ON ON THE INFORMATION THAT YOU HEARD TODAY. COMPETENT, SUBSTANTIAL EVIDENCE THAT YOU HEARD TODAY. ANY QUESTIONS FOR THE JOURNEY. YES, I DO. SEE A PAUSE. YEAH I'VE DONE A NUMBER OF DIFFERENT QUESTIONS, BUT JUST JUST. TO SINCE YOU'RE THERE AND ASK THE

[05:10:03]

NORMAL DAY. YOU NEED TO COME TO THE PODIUM, SIR. ON A NORMAL DAY. WE OPEN IT SEVEN. ENCLOSED BETWEEN FOUR AND FIVE. DEPENDING ON THE LAST TRUCKS COMING IN. BARGE DAYS. WE STARTED SEVEN AND WE WORK TILL 10. HOW OFTEN DO THE BARGES COME? RIGHT NOW. THEY'RE COMING ABOUT WANT EVERY 10 TO 15 DAYS. PLEASE PLEASE, PLEASE, PLEASE, LET'S LET'S LET'S JUST LET THEM ANSWER.

OKAY, SIR, YOU'RE ADDRESSING US, OKAY? YEAH, I MEAN, FOR 3 TO 4 A MONTH IS THE MOST. NOW THAT'S PUSHES. WE GET SIX BARGES ON A PUSH. WHEN THE BOAT COMES, IT RANKS EITHER FOUR OR SIX. WE HAVE SIX BARGES, SOMETIMES THE TIM TOM RIVER IT IS, BUT DEPENDING ON THE HEART OF THE RIVER AND THE WHOLE SPEED, IT'S FLOWING. WE CAN'T PUSH SO WE PUSH FORWARD. BUT. I MEAN, WE'RE NOT GETTING A BARGE EVERY WEEK. I MEAN, THE BOAT CAN'T GO THERE AND COME BACK. IN THAT AMOUNT OF TIME. AND WE ONLY HAVE ONE. BUT SO YOU BRING A BARGE IN, UNLOAD THAT BARGE COMPLETELY AND THEN REMOVE THE BARGE. WE BRING ONE SINGLE BAR 10. HOLD ABOUT 1500 TONS. WE BRING IT IN UNLOADED, CARRY IT BACK OVER THERE, PARKING, GET ANOTHER BARGE AND BRING IT BACK. AND UNLOADED.

BARGE'S USED COME FAMILIAR WITH TO THE PODIUM, PLEASE. OH WE TRIED THE BARGES UP ACROSS THE BAY. OH, LORD. THEIR DOG. FROM THE BOARD OVER TIME. AND THAT'S YOUR CURRENT OPERATION WITH THE EQUITY TIED UP BY YOU ONE TIME. AND THAT'S THAT'S THE CURRENT OPERATION WITH THE AGGREGATE NOW WHAT'S GOING TO BE IF YOU GET THE CEMENT IN THERE? ONE CEMENT WILL BE TIED UP OVER TWO HOW BIG HE IS, WILL BE HIS QUESTIONABLE BOYS BEFORE MARGINS OR SIX PARTS. BUT ALL THE BARGES OF TIME. CROSS THE BANK. YES. VERY SLIGHT PLACE VERY SECURE. VERY. ALL RIGHT. WE'VE CLOSED THE PUBLIC COMMENT, SIR. IT'S THE ONLY PLACE WE'VE EVER TIGHTER. SO MY QUESTION. ARE YOU GOING TO DOUBLE THE AMOUNT OF BARGES? ARE YOU GOING TO DOUBLE THE AMOUNT OF BARGES BASED ON THIS? MORE

[05:15:01]

YES. WHAT YOU DO NOT HAVE YET. THANKS CORRECT. SO THEN YOU DON'T HAVE THE PERMIT. WE DO HAVE A PROBLEM. WE'RE NOT REQUIRED TO HAVE A PERMIT BECAUSE WE ARE EXEMPT FROM THE PERMIT PROCESS. SO WE HAVE BEEN TOLD BY THE FEDERAL DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR DEPARTMENT. THAT WE CAN CONSTRUCT. AND OPERATORS ACIDITY. WE HAVE DECIDED TO GO AHEAD AND GO THROUGH. PURSUING THE AIR CURRENT ANOTHER LEVEL OF REGULATION. BECAUSE I MISUNDERSTOOD THAT BECAUSE I PERSONALLY CALLED DPP LAST WEEK TO INQUIRE ABOUT THE AIR PERMIT , AND IT WAS MY UNDERSTANDING THAT IT WAS REQUIRED AND THAT YOU ALL HAD SUBMITTED FOR IT, AND THERE WAS A REQUEST FOR ADDITIONAL INFORMATION AND I DON'T KNOW IF YOU'VE GIVEN THEM THAT INFORMATION OR NOT, BUT WE'RE TALKING ABOUT FLORIDA D E P NOT SUBTLE. WE'RE TALKING FLORIDA. OKAY. IS THERE A FLORIDA AIR? THAT'S TRUE. IT'S JUST IT'S THE SAME THING. THE EP REGULATION OVER. WHEN DO YOU ANTICIPATE? HAVE YOU RESPONDED TO THOSE COMMENTS THAT THEY HAD? NOT YET? UNTIL OCTOBER. SO. WE ARE NOT REQUIRED. YOU HAVE TO GO THROUGH THE PROCESS OF ALL THAT DOCUMENTATION HAS BEEN SUBMITTED FOR THE EXEMPTION. AND YOU SHOULD HAVE AN EMAIL. IN YOUR FILE. JUST SUCH A MISTAKE. YEAH. MISUNDERSTOOD. IT WAS AN INTERNAL WORK. BUT THAT'S NEITHER HERE NOR THERE. WE CAN'T HOLD UP OUR PERMIT. WHATEVER WE DECIDE TO DO BASED ON SOME PERMIT, BUT I DID WANT THAT. FOR THE MINUTES TO BE CLARIFIED THAT YOU STATED ALL PERMITS WERE IN HAND. AND IT WAS MY UNDERSTANDING THAT YOU WERE STILL WAITING ON AN AIR PERMIT FROM MY CONVERSATION WITH THE E P. IT'S A LITTLE BIT OF SEMANTICS, BUT AS WE SAID, WE HAVE SUBMITTED THE PAPERWORK TO HAVE THE EXCEPTION. AND UNLESS YOU GO FURTHER AND REQUEST THEM TO ACTUALLY REGULATE YOU, THAT IS ALL YOU DO. BUT AND YOU CAN OPERATE IMMEDIATELY AS SOON AS YOU SEND IN THAT DOCUMENTATION. UM AND THEN WE'VE DECIDED TO GO ONE STEP FURTHER AND HAVE THEM ACTUALLY REGULATED JUST TO COVER US BETTER. AND SO THAT IS A LONGER PROCESS, AND THAT'S WHAT HE'S UNDERWAY TO HAVE A COPY OF THAT EMAIL THAT STICKS THAT THANK YOU. YOU HAVE SEEN IT OR SHOULD I FIND IT FOR YOU? IF YOU CAN SEND IT LATER. I THINK IT'S IN THE FACTS FROM MY FILES. I'D LIKE TO SEE THAT PLEASE? GENTLEMEN. YOU'VE HEARD A LOT OF TESTIMONY TODAY. THIS IS THE LONGEST DAY WE'VE EVER HAD. BUT THIS IS USUALLY IMPORTANT. I GREW UP IN SOUTHPORT. I UNDERSTAND IT. I MEAN, I DON'T THINK THIS IS ANYTHING THAT ANYBODY WANTS THEIR NEIGHBORHOOD AND WHEN I WAS TOLD ABOUT THE COST OF NO. I CAN DO SIMPLE MATH. TAKE THIS POWER SQUARED TIMES THE HEIGHT OF THE AREA. THE LOWER THE HEIGHT. DIAMOND GETS BIGGER. WE'RE AT 40 FT. AND THAT'S 145 FT OF HEIGHT. WE COULD DO 100 FT. THAT'S 45 FT. LESS THAN MOST PEOPLE WON'T SEE.

THAT ONLY GOES TO 48 FT. THAT'S MINIMAL, IMPERVIOUS AREA THAT'S ADDED, IT'S MINIMAL TREATMENT THAT WOULD BE REQUIRED FOR STORM WATER. I THINK IT'S TO BE GOOD NEIGHBORS. I THINK IT'S EASY TO BE BRINGING HEIGHTS DOWN. TO WORK BETTER AND FIT BETTER WITH IT, BECAUSE WHEN I SAW THOSE PICTURES OH, MY GOSH, THAT THAT'S GOING TO BE. YOU MIGHT AS WELL PUT WELCOME BACK COUNTY ON IT BECAUSE EVERYBODY AND THEIR BROTHER IS GOING TO SEE IT. WE'LL ADVERTISE FOR THE TDC ON IT. NOT BEING UGLY. JUST YOU WILL NOTICE IT. THERE'S NO ONE IN THIS ROOM CAN SAY YOU'RE NOT GOING TO SEE THESE THINGS. UM AND YOUR PICTURES MADE IT VERY EVIDENT. WE'RE GOING TO SEE IT.

UM HOWEVER. YOU'VE GOT THE RIGHT LAND USE. YOU'VE GOT THE RIGHT ZONING. WE'RE AWARE OF ALL THAT, UM STAFF HAS GONE THROUGH A LONG , TEDIOUS PROCESS TO CHECK ALL THE BOXES AND MAKE SURE THAT YOU

[05:20:06]

THAT'S PROBABLY GONNA HAVE SAME ISSUE ONE DAY THEY HAVE THE SAME OPERATION SO THESE THINGS DO EXIST. IT'S JUST A MATTER OF HOW CAN THEY BE? FRIENDLY WITH THE COMMUNITY. THAT'S JUST SOME OF MY THOUGHTS. SO I THINK, UM. DOLLARS AND WANTED TO ASK YOU ON THIS. BUT, YOU KNOW. I THINK THAT WE SHOULD MAKE SOME REQUIREMENTS IN THIS AND IN MY OPINION CONDITIONS SHOULD GO ALONG WITH THIS QUESTION TO YOU IS EVEN THOUGH IF D E P DOES NOT REQUIRE PERMANENT FTP. WE CAN REQUIRE THAT THEY GET ONE FROM F D E P AS A CONDITION OF THIS PERMANENT IS THAT CORRECT? THAT WAY. THAT WAY THAT'S SOMEWHERE DOWN THE ROAD. IT JUST DOESN'T GO AWAY AND THIS WILL REQUIRE OKAY? UM. I THINK WE SHOULD REQUIRE A PERMIT FOR AIRPORT AND AIR PERMIT STORMWATER PERMIT.

WHICH WE HAVE ALREADY SAID IT'S NOT A BIG DEAL. I MEAN, YOU'RE GONNA YOU YOU'VE APPLIED FOR IT.

YOU'RE GOING TO GET IT. OKAY, SO THOSE TWO REQUIREMENTS THERE UM THE BOAT RAMP. I DON'T THINK THE BOAT RENT SHOULD BE IMPEDED AT ALL. IT'S A IT'S A PUBLIC BOAT RAMP PUBLIC USERS. PEOPLE COME THERE ARE NO GUYS USE IT ALL NIGHT AND DAY. NO TELLING WHAT TIME THEY'RE GOING TO BE THERE, DEPENDING ON WHAT THEIR ACTIVITY IS WHAT THEY'RE FISHING FOR WHATEVER GOOD FISHING AND SO THE BOAT RAMP. AH SHOULD NOT BE IMPEDED THE SLOPE OF THIS DEAL ABOUT IF WE SEE THEM COMING FIVE MINUTES WILL BE OUT OF THE WAY. THAT'S UNACCEPTABLE. IN MY OPINION. IT SHOULD NOT BE IMPEDED AT ALL. UM. A GUY GOING FISHING OR COMING IN. IN A FOGGY NIGHT SHOULDN'T HAVE TO LOOK AROUND AND SEE AFFAIRS A BARGE IN HIS WAY WHEN HE PULLS UP TO THE BOAT RAMP. UM. THE SO THAT THESE PARLIAMENTS NOW THE HEIGHT I CERTAINLY AGREE ON THE HEIGHT. I THINK WE SHOULD PUT A CONDITION ON THE HEIGHT THAT UMT SOME NUMBERS AS WELL. 100 FT. SEEMS REASONABLE TO ME. NOW ABOVE THAT IS THE MACHINE 100 100 FT. FROM THE SILO. AND THEN THE MACHINE WOULD WOULD DO ABOVE THAT. WHILE THEY'RE THEY'RE LOADING UP THE SILO. UM, I DON'T KNOW IF THAT'S THE RIGHT NUMBER.

I DON'T KNOW WHAT THE NUMBER WOULD BE EXACTLY, BUT BUT YOU CUT THAT NUMBER YOU CUT YOU DO SOME DIVISION DIVIDED IN HALF AND HALF AGAIN AND COME UP WITH ABOUT 100 FT. IT'S UP. THOSE

[05:25:06]

UM. FIRST OFF, AND I UNDERSTAND WHEN YOU WERE SPEAKING, I UNDERSTAND YOU TO SAY, BECAUSE ONE OF MY QUESTIONS WAS WHY DIDN'T WE DO A TRAFFIC STUDY? UM AND I UNDERSTAND YOU SAY, BECAUSE IT WASN'T NECESSARILY NOTHING TRIGGERED THAT. IS THAT CORRECT? THAT'S CORRECT. THE STAFF THE COUNTY STAFF WHO CONDUCTED THE TRAFFIC REVIEW THE TRANSPORTATION REVIEW FOR THE DEVELOPMENT ORDER. UH, REVIEW THE INFORMATION THAT WAS PROVIDED BY THE APPLICANT AND DETERMINED THAT TRAFFIC STUDY WAS NOT REQUIRED. AND THE. SAME WITH THE ENVIRONMENTAL IMPACT. I UNDERSTAND YOU TO SAY THE SAME. THIS DIDN'T TRIGGER TO WHERE IT WAS CORRECT CIRCUMSTANCE WHERE THE THAT WHICH REQUIRED EITHER SO. OKAY? EVEN THOUGH THAT'S A SENSITIVE AREA IN THERE WITH THAT WITH THAT WETLANDS YOU KNOW WHAT BUMPED RIGHT UP NEXT TO SOME WETLANDS. GREAT, BUT THEY WEREN'T AS LONG AS YOU DON'T IMPACT THEY WEREN'T IMPACTING THE WETLANDS MEAN THEY WEREN'T GOING TO FILL THOSE WETLANDS. THEY DEVELOPMENT WAS STAYING AWAY FROM THOSE WETLANDS, AND THEY HAVE PROVIDED THE MINIMUM REQUIRED BUFFER FROM THOSE WEAPONS FUTURE. IF IF SOMETHING WAS TO HAPPEN, AND I DID IMPEDE INTO THAT AREA THAT SENSE OF AREA THAT WOULD DEAL WITH THE EPI ON THAT. CORRECT AND WE AND IF THAT WERE THE CASE, WE WOULD POINT REQUIRE AN ENVIRONMENTAL IMPACT ANALYSIS. WAYNE I THINK I THINK FOR THE CITIZENS THAT ARE OUT THERE WERE USING A TERM OF ART THAT IS USED INSIDE OF YOUR WORLD AND INSIDE OF STUFF THAT WE DEAL WITH ALL THE TIME WHEN THEY HEAR IMPACT, ANGSTY ALL THOSE HEADS AND THEY'RE SHAKING VEHEMENTLY, AND THEY'RE TRYING TO BE POLITE, NOT SAYING SOME ARE DOING BETTER THAN OTHERS, BUT YOU NEED TO EXPLAIN TO THEM UNDER YOUR TERMS. WHERE IMPACT IS DIFFERENT FROM WHAT THEY THINK AS WEBSTER'S DICTIONARY WHEN THEY THINK IMPACT THEY THINK OF SOMEBODY JUST REAR ENDED ME. THERE'S AN IMPACT.

THEY DON'T GET WHAT YOU'RE TALKING ABOUT. WHAT THE WATER AND NOT BEING AN IMPACT, SO COULD YOU KIND OF TRY AND ATTEMPT THAT FOR ME, PLEASE? SO YOUR STANDARD WHAT WE GIVE WHEN WE WOULD DO REQUIRE AN ENVIRONMENTAL IMPACT. STUDY IS COVERS. YOU KNOW SPECIES ANALYSIS. DETERMINE IF THERE'S ANY ENDANGERED SPECIES ON SIDE. UH, AND WITHIN DEVELOPMENT AREA.

THAT CONCLUDES ANIMAL AND PLANT. UH, IT. IT LOOKS AT WHETHER THE JURISDICTIONAL WETLANDS ARE BEING IMPACTED. AND HOW THEY'RE BEING IMPACTED. SO THOSE ARE THE THINGS THAT THAT STUDY KIND OF FOCUSES ON. OKAY BUT FROM THAT THAT'S WHEN THERE'S SOME TYPE OF CONSTRUCTION, BUT BECAUSE THE BAR JUST COMING IN AND GOING OUT AND NOT STAYING, YOU'RE NOT VIEWING AT THE WATERFRONT. THERE BEING AN ENVIRONMENTAL IMPACT FROM THIS OR THAT'S CORRECT. BUT IN THE FUTURE, I JUST WANT TO REEMPHASIZE IN THE FUTURE. IF DURING OPERATION IF THE SENSITIVE AREA IS IMPEDED ON OR AFFECTED IN ANY WAY WOULD BE INVOLVED. TO ADDRESS THAT CORRECT THOSE THOSE STATE AND FEDERAL PERMITS THAT ARE REQUIRED ARE LOOKING INTO THAT AREA AS WELL GOING OUT INTO THE BAYOU THE WATERS OF THE BAYOU. ALL RIGHT. HAD HAD IT NOT BEEN FOR WELL, I'LL JUST I'LL JUST SAY IT LIKE THIS. IF I LIVED IN THE SOUTH BORDER IF I LIVED IN THAT AREA, EVEN THOUGH I DON'T LIVE IN THAT AREA, I LIVE IN ST ANDREWS. BUT IF I WASN'T UP HERE, I'D BE OUT THERE SITTING WITH THEM. BECAUSE I AGREE WITH EVERYTHING THAT THEY SAID. AS FAR AS NOT WANTING IT. AND BUT.

BUT I'M I'M NOT. I'M SITTING UP HERE BECAUSE MY RESPONSIBILITY IS TO FIND OUT ABOUT WHAT IF

[05:30:01]

ON THIS PROPERTY THAT'S LESS THAN THE MAXIMUM AMOUNT THAT'S AUTHORIZED, UH BY BY THE CODE BECAUSE UH, LANDOWNERS ARE ENTITLED TO BUILD. CONSISTENT WITH PROVISIONS OF THE CODE, SO UM HEIGHT. MAYBE. A CHALLENGE BECAUSE THE RESTRICTION THAT YOU HAVE IN TERMS OF PLACING CONDITIONS ON THE PROPERTY IS THAT YOU CAN ONLY PLACE CONDITIONS THAT WOULD BE CONDITIONS THAT PLAYING DEPARTMENT WOULD BE ALLOWED TO PUT ON THE PROPERTY. OKAY UM, I LIKE TO SPEAK TO THAT. SO I AGREE WITH HIM THAT YOU KNOW THERE IS NO HYPE WOMEN ON IT.

AND SO THEY THEN LET THAT GO. BUT IN THIS SITUATION THIS ISN'T THIS IS THIS IS NOT YOUR AVERAGE SITUATION AS FAR AS INDUSTRIAL USE. THIS IS A MUCH MORE SENSITIVE AREA. AS FAR AS ALLOWING INDUSTRIAL USED THERE, AND THE ONLY REASON IS BEING ALLOWED MOVING FORWARD IS BECAUSE IT WAS HISTORICALLY THERE. SO MOVING FORWARD. I DON'T SEE A PROBLEM PUTTING A HEIGHT LIMIT ON IT BECAUSE IT'S PROTECTING THE SURROUNDING AREA, NOT PROTECTING THEM. 100% BUT IT'S COMING UP WITH A HAPPY MEDIUM BEST WE CAN DO. WITHOUT, UM SHUTTING IT DOWN. TOTALLY.

AND LOSING SOMEWHERE IN THE FUTURE. SOMETHING MUCH LARGER. COMING UP WITH A HAPPY MEDIUM, SO I THINK A HOT LIMIT IS CERTAINLY A POLITICAL HERE. THAT'S JUST MY PIG. WHO ELSE WOULD LIKE TO SPIN. WELL, I'M. I AGREE WITH A LOT OF STUFF, SOME STUFF THAT BILL YOU HAVE MENTIONED, I THINK TWO. THIS IS A SPECIAL. THIS IS AN ANOMALY IS WHAT IT IS. REALLY I MEAN, UM WE DON'T LIVE IN A PERFECT WORLD. UM AND. THIS PLACE HAS HAD THAT HISTORY OF BEING A B THAT IT HAS BEEN DORMANT. AND NOW THEY'RE JUST NOW STARTING TO DO SOMETHING WITH IT. UM HAS BECOME AN ISSUE FOR THE NEIGHBORHOOD, WHICH I TOTALLY TOTALLY GET IT. I UNDERSTAND THAT. UM. BUT IT IS IT IS SOMETHING SPECIAL. IN THE SENSE THAT IT'S VERY UNIQUE, UM I AGREE WITH YOU ON THE BOAT RAMP. I DO NOT THINK THEY NEED TO BE IMPEDING THE BOAT RAMP. THAT'S UM THAT'S FOR THE PUBLIC'S USE AND ENJOYMENT AT, UM ANY TIME, DAY OR NIGHT. UM. HOURS OF OPERATION. I MEAN, THEY THEY WERE OPERATING IN THE MIDDLE OF THE NIGHT BECAUSE I WAS GETTING CALLS QUITE OFTEN OF THE BORDERS UNLOADED LOAD UNLOADING THE MILL THAN I UM, AND THEY DID CURTAIL THAT. AND SO NOW THEY'RE GOING TO DO 7 TO 10 ON BARGE DAYS AND A REGULAR DAY THEY'RE GOING INTO ROUND FIVE. THE. I GUESS THE REASON WE'RE HERE. TO FIND AN ERROR OF STAFF MADE AN ERROR. I TWO.

DON'T THINGS I DON'T BELIEVE STAFF MADE AN ERROR IN THIS. UM BECAUSE OF THE LONGEVITY OF THE PROPERTY. THEY HAVE WHAT THEY NEED. TO DO AN INDUSTRIAL PLACE. I DO THINK YOU GUYS ARE PLAYING

[05:35:06]

PERFORMANCE STANDARDS OF LD R S, UM AND SO FORTH. UM SO IT URGED YOU TO BE CAUTIOUS WITH THAT.

AND BUT I DO AGREE. ALSO AGREE THAT YOU HAVE WHAT YOU NEED. TO GET YOUR DEVELOPMENT ORDER. BUT I DO THINK WE NEED SOME CONDITIONS. UM THE BOAT RAMP IS THE MAIN ONE THAT STICKS IN MY HEAD. UM HI. I MEAN THAT I'M I'M OKAY WITH HEIGHTS. THE WETLANDS AND ALL THAT KIND OF STUFF. I TOTALLY GET THAT WE DON'T NEED THAT. THEY DIDN'T NEED THE AIR QUALITY TESTS, BUT THEY'RE GONNA WORK PERMIT, BUT THEY'RE WILLING TO GO DO THAT, ANYWAY, THAT THAT'S FINE TO MAKE SURE THEY FOLLOW THROUGH WITH IT AND DON'T DROP THE BALL. UM, I'M GOOD WITH THAT, TOO. UM BUT I HAVE OUR I THINK OUR DUTY TODAY IS VERY NARROW. UM AND WE'VE HEARD A LOT OF EMOTIONAL TESTIMONY FROM THE PEOPLE AND THE ON THE IN THE NEIGHBORHOOD. AND I UNDERSTAND THEY DON'T WANT THIS IN THEIR NEIGHBORHOOD. I GET IT AND ALTHOUGH WE AS GOVERNMENT JUST CAN'T. TELL SOMEONE TO GO SOMEWHERE ELSE OR OR TO OPEN UP SOMETHING YOU CAN'T OPEN THAT. WHEN YOU ALREADY HAVE THE LAND IN YOUR THE BUILDING TO DO WHAT YOU WANT TO DO. WOULD THERE BE BETTER PLACES? OF COURSE IT WOULD. BUT THEY HAVE THE INVESTMENT THAT'S IN THE REAL ESTATE. NOW THEY HAVE AND THAT'S WHAT I WAS. CAUTION IS WITH THE I GUESS BEING NEIGHBORLY. IN A SENSE TO DO WHAT YOU CAN TO DO THAT BECAUSE I DO THINK YOU GUYS ARE WALKING A TIGHTROPE. ON HAVING, UM, SOMETHING THAT MAY COME BACK TO HAUNT YOU LATER. THAT YOU MIGHT NOT BE ABLE TO OPERATE. AND THEN LO AND BEHOLD, GOOD LORD. IF YOU WERE TO BUILD THOSE THINGS, AND THEN SOME REGULATORY BODY FROM THE STATE OF THE FEDS COME IN AND SHUT YOU DOWN AND YOU'VE GOT YOU KNOW, YOU'VE GOT SOMETHING YOU CAN OPERATE AND YOU CAN'T SELL. UM SO IT'S A TOUGH IT'S A TOUGH THING. WHAT YOU GOT AHEAD OF YOU. I'M GLAD I'M NOT IN YOUR SHOES, BUT YOU KNOW I THINK SOME CONDITIONS TO HELP THE NEIGHBORHOOD OUT WOULD BE GOOD. THAT'S TRUE. YES, SIR. UM. YEAH I DON'T EVEN KNOW WHERE TO START. I SAID THIS A MONTH AGO. THIS IS GOING TO END UP IN CIRCUIT COURT. NOT REALLY BELIEVE IT WILL BASED ON ANYTHING WE SAY OR DO TODAY. I THINK IT ONLY UP IN COURT. UM THE RULES WERE PUT IN PLACE A LONG TIME AGO. 2004 I THINK IS WHEN WE PUT THE L. D. R S IN THE ZONING MAPS INTO PLACE. AND THOSE THOSE RULES AND MAPS ARE PUT INTO PLACE FOR A LONG PERIOD. YOU DON'T WANT FIVE GUYS UP HERE, DECIDING PICKING WINNERS AND LOSERS BECAUSE YOU COULD GET FIVE LOSERS UP HERE AND SHUT EVERYTHING DOWN AND BAY COUNTY AND THAT'S NOT REALLY WHAT GOVERNMENTS AND SUPPOSED TO DO. UM I WAS SYMPATHIZE WITH THE NEIGHBORHOOD. I REALLY DO THE BOAT RAMP. IT THE COMPLAINT CALLS FOR WATER ACCESS AND WE SHOULD PROMOTE IT AND MAKE IT MORE ACCESSIBLE. NO WAY YOU GUYS SHOULD IMPEDE THAT BOAT RAMP. NOT FOR FIVE MINUTES, NOT FOR FIVE SECONDS. I WOULD NOT EVER AGREE TO THAT. UM WHICH NO WINCH. I DON'T CARE. I'M I'M SHOCKED. WE HAD MORE GOT MORE CALLS ABOUT IT BEING IMPEDED ALREADY, UM IF I SHOWED UP WITH MY BOAT, AND I HAD TO RING THE DOORBELL. AND I KNOW WHAT YOU GUYS ARE GOING TO SAY. GIVE US 10 MINUTES. WE ALMOST DONE. WE GOT TO MOVE THIS. THAT DOESN'T WORK THAT WAY. BOOK. GUYS DON'T LIKE THAT, ESPECIALLY AT FIVE. IN THE MORNING WHEN I GOT A POWERFUL OF STUFF IN THERE, BOYS, AND THEY'RE READY TO GO OFFSHORE OR INTO THE BAG. UM THE I'D LIKE TO ASK WAYNE. DO WE HAVE FULL FAITH IN THE APPLICATION AND THE TRAFFIC ANALYSIS IN THE DATA THAT WAS SUBMITTED TO YOU? BECAUSE IT SEEMS LIKE THE NUMBERS WERE THERE WAS IT WAS A MOVING TARGET A LITTLE BIT. YES, WE DO. CAN I ALSO JUST ADD THAT'S FOR DISCUSSING CONDITIONS. THAT STAFF DID. IMPLEMENT CONDITIONS TO THE APPROVAL OF THE DEVELOPED MOTOR. AH, ONE OF THE STANDARD CONDITIONS IS THAT ALL THE STATE . FEDERAL PERMITS ARE REQUIRED TO BE. GIVEN TO STAFF BEFORE A CERTIFICATE OF ACCEPTANCE COULD BE ISSUED. WE ALSO HAD A CONDITION, SAYING THAT THE PROGRAM COULD NOT BE BLOCKED OR IMPEDED. YEAH AND WE DIDN'T MAKE ANY SPECIFIC CONDITIONS AS FAR

[05:40:03]

HUSBAND AND WIFE THAT STARTS A COMPANY AND GROWS TO 5400 EMPLOYEES. 16 STATES. THE AMERICAN WAY, APPLAUD THEM FOR THAT. BUT TO BE GOOD NEIGHBORS. YOU GOT TO CONTRIBUTE TO THIS COMMUNITY. NOT ONE OF THOSE TRUCKS IS TAGGED AND REGISTERED IN THIS COUNTY. USE OUR ROADS, TERRIBLE ROADS. NOT ONE OF THOSE TRUCKS IS TAGGING REGISTERED IN THIS COUNTY. THAT'S A PROBLEM FOR ME. THAT'S NOT COMMUNITY. UM YOU NEED TO FIX THAT. I TALKED TO SMART IN TENNESSEE TONIGHT.

I'D FIX THAT. UM. YOU KNOW, I GOT A DREAM, BUT I DON'T THINK IT'S GONNA WORK. BUT IF THEY COUNTY COULD BY THE MILL PROPERTY WE COULD STICK OUT AT THE MILL PROPERTY. GET RID OF THIS. TAKE THE TANK FARM ON BEACH DROUGHT AND STICK THEM AT THE MIDDLE PROPERTY AND OPEN UP THAT BEAUTIFUL BAYFRONT ALONG BEACH DRIVE. THERE'S A LOT OF THINGS WE COULD DO. UM AND I'M REALLY TO BE FRANK. Y'ALL THE AUDIENCE NOISE. WE'VE HEARD ALL OF IT ALL DAY. I KNOW Y'ALL ARE EMOTIONAL. I DON'T WANNA HEAR ANY MORE OF IT. LET US TALK FOR A WHILE. UM I TOTALLY AGREE WITH THE NEIGHBORHOOD SYMPATHIZE WITH HIM. BUT I ALSO RECOGNIZE THAT THERE'S A JOB FOR US TO DO WE GET ELECTED TO DO TOUGH AND MAKE TOUGH DECISIONS. UM PATIENTS IN THIS WORLD IS SOMETHING WE'VE ALL BEEN LACKING WERE AN INSTANT GRATIFICATION SOCIETY, AND I THINK IN THIS ROLE A LITTLE BIT OF PATIENTS WOULD HAVE GONE A LONG WAY. I THINK THE ENGINEER MR TOM, UTAH, SAID IT BEST. A LOT OF THESE PROBLEMS COULD HAVE BEEN SOLVED IF THEY HAVE GOT TOGETHER EARLY. AND THAT'S HALF I WAS ON THE PLANNING BOARD FOR NINE YEARS, AND I SAW IT DAY IN AND DAY OUT IF THE TWO PARTIES WOULD SIT DOWN TOGETHER AND TALK, USUALLY YOU CAN COME TO A SOFT SPOT. SOME PEOPLE MIGHT NOT ALWAYS BE HAPPY, BUT YOU CAN KIND OF COME TO AN AGREEMENT. I DON'T KNOW THAT THIS IS EVER GOING TO HAPPEN ON THIS ONE. UM I THINK THERE'S GOT TO BE SOME REASONABLE CONDITIONS PLACED ON THIS, UM FOR THE NEIGHBORHOOD. I THINK THE AND I'LL JUST BE HONEST WITH YOU. I THINK ON BOTH SIDES THERE WAS TESTIMONY THAT WAS JUST NOT GOOD. NOT GOOD. THERE WAS QUESTIONS. UM YOU KNOW THAT YOU SAID THAT THEY COULDN'T FIX THESE. THESE ISSUES ON THE PROPERTY BECAUSE OF THIS STAY YET WHEN A LETTER WAS ISSUED BY THE EP IT'S FIXED THREE DAYS LATER. THREE DAYS LATER. SO WHAT IS IT? COULD IT NOT FIX IT? OR DID THEY FIX IT? SO THERE'S ARE THINGS I THINK THAT TESTIMONY ON BOTH SIDES WAS JUST JUST FULL OF EMOTION IN FULL OF PROBLEMS THAT I DON'T THINK THAT WE SHOULD BE EVEN CONSIDERING IN THE ANALYSIS UM HEIGHT. THERE'S ALWAYS BEEN AN ISSUE IN BAY COUNTY. IT STARTED 20 YEARS AGO WITH THE ZONING MAPS AND WE RAN EVEN TELL YOUR BEST S R TWO. WE USED TO HAVE NINE OUR PLANNING BOARD MEETINGS, TALKING ABOUT 230 FT. HYPED ON THE BEACH. THIS IS NO DIFFERENT. IT'S JUST IN SOUTHWARK. AND THE PROBLEM IS, THIS HAS BECOME A MUCH MORE INTENSE USE THAN IT HAS IN THE PAST. NOW GRANTED THAT RHODES CALLED MACKENZIE BECAUSE MACKENZIE TANK LINES WAS THERE 50 YEARS AGO. SO IT'S ALWAYS BEEN SOMETHING KIND OF INDUSTRIAL UM, IT'S JUST BECOME MUCH MORE INTENSE, AND WE'VE HAD A LOT OF GROWTH IN THAT PART OF THE WORLD. WE'VE GOT PEOPLE THAT ARE LIVING UP THERE FANNING BAYOU PRISTINE BY. I AGREE.

EAGLES OSPREY, YOU KNOW MANATEES, BUT IT'S ALSO SAFE HARBOR. THAT'S WHEN IT GETS ROUGH OFFSHORE. YOU KNOW WHAT? THAT'S WHERE THE BOATS GOING? THEY ALL GO TO MILLER MARINE TO GET PULLED OUT BECAUSE THAT'S THE BIGGEST MARINE DEALER IN TOWN. SO THAT'S NEVER GONNA GO AWAY. I CAN ASSURE YOU THAT WILL ALWAYS BE THERE. BUT MILLER MARINE IS GOOD NEIGHBORS. AM I RIGHT? IT CAN HAPPEN. YOU COULD BE NEIGHBORLY. SO UM, I THINK THERE'S UM I THINK THERE'S SOME THINGS WE GOT TO WORK ON WITH THIS. I'M NOT YOU KNOW, I'M A PRIVATE PROPERTY RIGHTS. CARM I SERVED ON THAT PLANET BOARD FOR A LONG TIME, AND I WATCHED THESE ARGUMENTS GO BACK AND FORTH, DAY IN AND DAY OUT. BUT I THINK THERE'S SOME I THINK THERE'S SOME THERE ARE SOME ISSUES.

THERE'S WE HAVE A ANOTHER AGGREGATE FACILITY IN WEST BANK. AND I GET A CALL ONCE A WEEK ABOUT THAT BOAT RAMP. WHERE THE BAR JUST BLOWING SAND UP ON THAT BOAT RAMP AND CAUSES SANDBARS.

IT'S HAPPENING OUT BEHIND YOUR FACILITY TO I'M SURPRISED THAT CORE HADN'T BEEN CALLED OR D, P OR F W C OR ALL THREE UM I WON'T EVEN SAY WHAT I THINK ABOUT F D. B C, BUT THAT'S ANOTHER STORY.

UM BUT I JUST FEEL LIKE THERE'S GOTTA BE SOME. WE'RE LACKING A LOT OF COMMON SENSE, AND I THINK A LOT OF NEIGHBORLY ATTITUDES AROUND HERE TODAY AND I THINK THAT THAT'S SOMETHING WE'VE GOT TO FIGURE OUT. THAT'S WHAT I GOT TO SAY. I KIND OF WANTED TO WAIT UNTIL THE CHAIRMAN BECAUSE THERE

[05:45:02]

BUT AS SOON AS THAT BECAME OPEN ACTUALLY INSTIGATED AND SET THINGS IN MOTION. FOR A POTENTIAL CONVERSATION ABOUT COULD SOMETHING HAPPEN? AT WEST ROCK AND GET IT OUT OF MY BACKYARD BECAUSE I LIVE RIGHT AROUND THE CORNER FROM THIS AS WELL. BUT. Y'ALL ALL TALENTED THAT SRM AND THE HOLLINGS HEADS OUR COMMUNITY FOCUSED. YOU'VE HEARD THE COMMUNITY THAT LIVES RIGHT NEXT DOOR TO IT NOW THE MAJORITY OF THEM I WOULD SAY A BRIDGE HAS BEEN BURNED AND THEY'RE NOT GOING TO TRUST I'M NOT GONNA GO INTO THE WISE OF THAT. I HAVE MY OWN INCLINATION , BUT I'M NOT GONNA I'M NOT GONNA STEP OFF INTO THAT POWER. BUT FROM THAT. ALL OF US ARE PRIVATE PROPERTY RIGHTS. THE GREAT MAJORITY OF THE PEOPLE OUT HERE ARE PRIVATE PROPERTY RIGHTS. BUT WHEN THEY DON'T FEEL HEARD THEY GET HURT. IN WAYS THAT ARE NOT IN THE MOST CONSTRUCTIVE MANNER. I CAN'T BLAME THEM FOR THAT. THE NUMBER OF CONVERSATIONS THAT I'VE HAD WITH THE HAWKINS WITH OTHERS AROUND HERE. MY CONVERSATION WITH MILLER MARINE MISS BUSH. I TOLD YOU ONE OF THE THINGS IN YOUR ARGUMENT, CAUSE ME GREAT CONCERN. IS THE ARGUMENT THAT THE FUTURE LAND USE ALL THESE INDUSTRIALS? YOU JUST HEARD WHAT GRIFF SAID ABOUT BILL OF MARINE IS USED FOR PULLING OUT ALL THE BOATS WHEN THE HURRICANES ARE COMING. IF SOMETHING IN THE ARGUMENT THAT YOU MADE WHAT I READ CAUSE ME CONCERN IS THAT THE OTHER INDUSTRIAL COMPANIES THAT ARE AROUND THERE THAT THEY'RE NOT THINKING ABOUT BECAUSE THEY'RE FOCUSED. THEY'RE FOCUSED ON. ONE THING IS THAT SAID MANY TIMES WHEN WE SIT UP HERE, IT'S NOT JUST YOUR ISSUE THAT WE HAVE TO OVERLAY. WE HAVE TO LOOK AT THAT OVER. HOW IS THAT AFFECTING EVERY PART WHERE INDUSTRIAL AND RESIDENTIAL OR TOUCHING AND IT MAKES FOR AN ENTERTAINING BALANCING ACT SOMETIMES BECAUSE Y'ALL DON'T CARE. BUT WE HAVE TO IN SO FROM THAT, I'M CONCERNED WITH SOME OF THOSE ARGUMENTS, PUTTING INTO PLACE THAT MILLER MARINE, A LONGTIME FAMILY OPERATION THAT EVERYBODY AROUND HERE KNOWS WELL CAN GET HARMED BY WHAT YOU'RE ASKING US TO DECIDE THAT THAT THAT CAUSES ME GREAT HEARTBURN. BUT ON THE FLIP SIDE, Y'ALL ARE CAUSING ME HEARTBURN ON A LOT OF DIFFERENT LEVELS AS WELL. FROM THE STANDPOINT OF YOU'RE SAYING IF WE WOULD HAVE KNOWN YOU WERE GETTING THE COMPLAINTS A LONG TIME AGO. IT SHOULD HAVE FUNNELED UP SOMEBODY. SOMEBODY DIDN'T CARE. SOMEBODY SAID, OH, IT'LL GO AWAY. I GOT IT FIGURED OUT. WHERE IS IT? WHAT IS IT? NEVER THE FACT OF THE MATTER IS IN IN WHAT WE'RE DOING. YOU KNOW, YOU ALL HAVE HEARD WHAT STAFF HAS SAID TO US OF HOW LIMITED OUR AUTHORITY IS INSIDE OF THIS, AND THAT'S WHAT I WAS TRYING TO CONVEY TO. Y'ALL IS CERTAINLY ISSUES NEEDED TO BE BROUGHT UP THAT GIVE US SOMETHING TO HANG OUR HAT ON. AND I GET THAT THAT MR BUSH IS ASKING ME NOT TO VIEW THIS INSIDE OF A BURNT HARRIS. BUT I'M I CAN'T NOT BECAUSE I'VE LIVED IT WHEN I LIVED OVER IN ST JOHN'S COUNTY, AND I HAD FRIENDS THAT WERE IN PALM COAST, FLAGLER AND VOLUSIA AND NOW FRIENDS IN NASSAU THAT ARE DEALING WITH THIS TYPE OF THING. BASED ON VOTES THAT WE MAKE. I CAN'T. I CAN'T WALK US INTO A SEVEN FIGURE POTENTIAL LAWSUIT. I'M NOT GOING TO DO IT. I CAN'T DO IT. BUT WHAT I CAN DO IS I CAN LOOK AT YOU AND SAY LIVE UP TO WHAT YOU SAID. YOUR COMPANY IS YOU SAY YOUR COMMUNITY ORIENTED PROVE IT. YEAH. YOU KNOW WHAT YOU'VE GOT? MY ASK IS PROVE THAT THEIR COMMUNITY ORIENTED WORK WITH US ON THIS COME UP WITH SOMETHING THAT'S REASONABLE.

THAT IS THE ONE THING I HEARD FROM ALL OF THEM. IT'S TWICE THE HEIGHT OF MARINA. IT'S TWICE THE HEIGHT. IT'S THIS. EVERYBODY WILL SEE IT. AND I UNDERSTAND. PEOPLE COMPLAIN WHEN MARINA WAS BUILT, BUT THERE THERE ARE THINGS INSIDE OF THERE THAT CAN BE DONE THAT IS WORKS UNDER A REASONABLENESS. THAT I THINK THAT SOMETHING CAN BENEFIT. ONE OF THE THINGS I WORK ON AND 11 OF THE INDIVIDUALS HERE, AND I DON'T KNOW WHO IT WAS SAID THAT THE CONCRETE IS FOR THESE OTHER

[05:50:01]

WE'RE NOT ALWAYS GONNA AGREE, BUT ONE THING I HOPE Y'ALL UNDERSTAND FROM THIS RIGHT NOW IS WE DO DO OUR BEST TO LISTEN. DO WE MAKE EVERYBODY HAPPY? NO, NEVER GOING TO HAPPEN. BUT BUT WE ARE GOING TO TRY TO FIND IF YOU LISTEN TO WHAT EACH ONE OF US IS SAID. WE'RE TRYING TO FIND A BALANCE IF IT IS AT ALL POSSIBLE. CHAIRMAN. GENTLEMEN, YOU'VE ALL SPOKEN. NOW WE NEED TO START. WE NEED A MOTION ON WHAT YOU WANT TO DO WHETHER YOU WANT TO APPROVE, DENY CONDITION FOURTH OPTION. BROWN HAND. YOU COULD TAKE IT BACK. I MEAN, SO. WELL SOUNDS LIKE TO ME THAT BOAT RAMP IS A MAJOR ISSUE FOR ALL OF US. I THINK THAT WAS ALREADY IN THERE TO START WITH NUMBER SEVEN. OTHER CONDITIONS. IT'S ALSO NUMBER SIX. BY GRANT HYTRIN SOMETHING THAT WE CAN OVERRIDE IT. WELL OVERSTATE THE BOAT RAMP ISSUE. UM THE HEIGHT SEEMS TO BE AN ISSUE FOR MOST OF US IN THE NEIGHBORHOOD AND THE COMMUNITY. QUALITY BERMAN QUALITY MINUTES. ENVIRONMENTAL ISSUES. UM, I THINK THOSE ARE ALL THINGS THATD RANDY HAVE FAITH IN THE TRAFFIC ANALYSIS, THEN WE CAN LIVE BY THAT, BUT I THINK THERE'S OTHER ISSUES. I THINK WE HAVE TO ADDRESS AND WE WITH THE AIR.

THINK THEY'RE ALREADY ON THEIR WAY OF DOING THAT, SO I THINK THEY WILL FOLLOW THROUGH. UM YOU'RE ASKING FOR GOVERNMENT REGULATION APPLAUD YOU FOR THAT. UM SO I THINK THAT'S THAT'S THAT'S GOOD ON YOUR PART. HOW IS SHOWING SOME GOOD FAITH THERE FOR AND I APPRECIATE THAT. UM IT'S OUR GUESTS. WE I'M JUST GONNA HAVE THREE THINGS THAT WE'VE SEEN THE BE HITTING IS THE AIR PERMIT, WHICH ARE QUALITIES TO WHICH THEY'RE DOING. THE BOAT RAMP, WHICH WE ALREADY HAVE.

YEAH, AND THEN LEFT IS HIGH. YOU CAN QUOTE ME? YEAH, MAYBE. AND MAYBE THIS IS SOMETHING THAT'S THIS IS A VERY UNIQUE SITUATION IN THE FACT THAT WE HAVE AN INDUSTRIAL ZONE THAT'S SURROUNDED BY NEIGHBORHOODS. WE DON'T TYPICALLY HAVE THAT AROUND US, UM AND IT SEEMS LIKE LIGHTING, NOISE. VIBRATION THOSE ARE THINGS THAT WE'VE TRIED TO ADDRESS THROUGH SOME OF THE NOISE ORDINANCE. WE RECENTLY REDID BUT MAYBE WE NEED TO WORK ON A LIGHTING ORDINANCE THAT IT'S NOT ADJACENT PROPERTY OWNERS BECAUSE WE KNOW WHAT SOUNDED LIKE THOSE ACROSS WATER AND IT TRAVELS TRAVELS A LONG WAY. SO MAYBE THERE'S SOMETHING WE CAN ADDRESS WITH THAT I'D BE REALLY UPSET. I KNOW WHAT A BARGE LIGHT LOOKS LIKE. YEAH HE PUTS IT ON. YOU DON'T KNOW IF HE'S IF IT'S JUST MOVING THROUGH YOUR HOUSE THAT'S GONNA LIGHT UP THE WHOLE HOUSE. THAT'S SOMETHING THAT WE COULD ADDRESS. SEPARATELY. TO MAKE A MOTION WOULD MAKE A MOTION. THAT WE APPROVE WITH CONDITIONS OF EVEN THOUGH IT'S ALREADY ON THERE NOW IMPEDING OF THE BOAT RAMP.

HEIGHT OF AND THIS IS SOMETHING WE DIDN'T TALK ABOUT MUCH, BUT YOU KNOW, I'VE COME UP WITH 100.

FT. IS TRYING TO BE REASONABLE AMOUNT. UNLESS THE. UNLESS THE ENGINEERS FROM THE COMPANY CRUNCH SOME NUMBERS AND COME BACK WITH A DIFFERENT HEIGHTS. WE CAN BUT BUT RIGHT NOW WE'LL GO WITH 100 FT. E YES. YOU SAID 100 FT. FROM THE FROM THE GROUND TO THE TOP OF THE STRUCTURE AND THEN HAVE THE. START DROPPING AT 35 FT. UP IN THE TOP DOWN 35 60 MAXIMUM HEIGHT, 100 FT WITH EVERYTHING ON IT. ARE YOU DECIDE ? YOU SAID 100 FT, FASTER STUFF AT THE TIME OF ITSELF, NOT JUST THE TOP OF THE SALAD TO THE GROUND, BASED ON OUR LAWYER'S COMMENTS THAT WOULD REQUIRE REMAND BACK TO STAFF. HEIGHT HEIGHT REDUCTION, CORRECT. THE HEIGHT IS GONNA MAKE THE SILOS

[05:55:04]

[06:00:04]