01/29/1997 (2)
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HEARING
OFFICER
APPEALS
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Hearing Officer
Wednes~,ay, January 29, 1997
, ,
Mary Schuh, Brian Schuh, Clark Hubbard, Pat A. Wilson, Jonas O. Brumett, Dr. Gilbert '
, Janelli, and Save, Our, Neighborhood
'.' , ~ppellants
vs.
SocietY of St. Vincent DePaul of Upper Pinellas County; Inc., and City of Clearwater
" ,'Appellees '
Appellants were appealing the Planning and Zoning, Board's decision.
. The P&Z ,a~proved St. Vinc::ent Depaul's conditional use application s~bject to conditions.
A court reporter attended this meeting.
The FinaJOrder (16 pages) & transcript (125 pages) is on paper (until microfilmedl in the
Hearing Officer minutes, notebook.
, The Hearing Officer upheld 'the Board's decision.
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01/29/97
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STATE OF FLORIDA
DIVISION OPADMINXSTRATIVE HEARINGS
MARY SCHUH, BRIAN SCHUH, CLARK
HUBBARD, PAT,A. WILSO~, JONAS O.
BRUMETT, DR. GILBERT JANELLIr and
SAVE OUR NEIGHBORHOOD, an
unincorporated association,
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CASE NO.' 96-5590
Appellants,
VB . ...
SOCIETY OF ST. VINCENT DEPAUL OF
UPPER PlNELLAS COtJ.NTY, INC., and
CITY OF CLEARWATER,
Appellees.
,
FINAL ORDER
On January 29, 1997, a final hearing was ,held in this case
'j
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,in Clearwater, Florida, before J. Lawrence Johnston,
Administrative Law Judge, Division of Administrative Hearings.
APPEARANCES
For Appellants: 'Timothy A. Johnson, Jr., Esquire
Johnson, Blakely, Pope, Bokor
Ruppel & Burns, P.A.
911 Chestnut Street
Clearwater, Florida 34617-1368
For the City: Leslie K. Dougall-Sides
Assistant City Attorney
Ci ty of Clearwater ,
Post Office Box 4748
Clearwater, ,Florida 34618-4748
For Applicant:
R. Carlton Ward~ Esquire
Richards, ,Gilkey, Fite, Slaughter,
pratesi & Ward, P.A.
Richards Building
1253 Park Street
Clearwater, Florida 34616
(-----
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BTATEMEN'I"OF THE ISSUE
l ~. "." -
The issue in this case is whether the appeal from the
decision of the Planning and Zoning Board granting the
conditional use permit application of the Society of St. Vincent
depaul of Upper pinellas County, Ine ,., in the Board's Case No. CU
should be granted.
96-46
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PRELIMINARY STATEMENT
On'or about August 20,"1996, the society of St. Vincent
dePaul of Upper pinellas County, Inc., (the Society) filed an
application for conditional use approval for a proposed
residential shelter for homeless persons as well as for a police
substation facility at its property located at 1339, 1341 and
1345 Park Street in the City of Clearwater. The application was
considered by the City's Planning and Zoning Board (the Board) at
me~tings on October 15 and November 5, 1996. The Board approved
the application, subject to certain conditions.
On November 18, 1996, Mary Schuh, Brian Schuh, Clark
Hubbard, Pat A. Wilson, Jonas O. Brumett, Dr. Gilbert Janelli,
--. ....r.
and Save Our Neighborhood, an unincorporated association, filed a
Notice of Appeal from the Board's decision. Under Section 36.065
of the City of Clearwater Land Development Code (the Code), the
appeal was forwarded to the Division of Administrative Hearings
on November 26, 1996, along with a copy of the record of the
~)
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,~ proceedings below. After the filing of responses to the Initial
,,'
Order in the case, a Notice of Hearing was issued on December 23,
1996, s?heduling final hearing for January 29, 1997, in
Clearwater.
~ .'.
At final hearing, the tapes, minutes and exhibits from the'
Planning and Zoning Board proceeding were received into
evidence.1 the Appellants called five witnesses and had
Appellants' Exhibits 1 through B admitted into ,evidence in their
case-in~chief. Government ~xhibit 1 was admitted into evidence
during the Appellants' presentation. The Applicant called three
witnesses and had Applicant's Exhibit 1 admitted into evidenoe.
, '
The City called one witness and had Government,Exhibits 1 through
20 admitted in evidence. Appellants' Exhibit 9 was admitted into
::) evidence during the City's presentation. The Appellants recalled
two witnesses in reb~ttal.
After the presentation of the evidence, the parties were
given ~5 days in which to file proposed final orders. Timely
proposed final orders were filed by the Appellants and by the
City.
FINDINGS OF FACT
Q
1. The Society owns property in Clearwater zoned CG
(General Commercial) and RM 12 (Residential Multi Family). The
'part of the property zoned CG fronts on the south side of Park
Street and its adjacent western terminus; the part of the
property zoned RM 12 fronts on Pierce Street and is adjacent to
and south of the CG property.
3
The Application
2. Since approximately 1991, the Society has operated a
soup kitchen on'the part of the property z~ned CG fronting on
Park Street. The soup kitchen is a permi~ted use at this
location. The continued operation of the soup kitchen is not at
issue in this proceeding.
3. The Society wishes to build and operate a 48-bed
homeless shelter on the remainder of the property zoned CG
located adjacent to the soup kitchen at-the western terminus of
Park Street, in conjunction with a new police substation
f'
facility.
(There is an existing residence on some of the RM 12
prop~rty fronting on Pierce Street adjacent to and south of the
existing soup kitchen; the remainder of the property facing
Pierce Street will be used for new parking.) Both the
residential shelter and the police substation facility are
permittable conditional uses ill CG and RM zones requiring an
application for conditional use approval.
4. ,As proposed, the police substation facility would base a
force of six specially trained volunteers to use community
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policing and bicycle patrol methods to supplement current police
strength in the area. Initially, the operation will be financed
by a federal Department of Justice COPS grant; the City has
committed to continue funding for future years.
5. As proposed, the residential homeless shelter would
serve primarily single males and females, but there will be a
, .. . , .
separate 4-to-6 bed component for use by families as needed. The
average length of stay at the shelter is projected to be eight ~$)
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days. Restrooms will be available during day and evening hours
for use of 'residents.
6. The shelter will operate under the terms of a Clearwater
Homeless Intervention Project (CHIP) community block grant.
Funding under the grant is contingent on the establishment of the'
proposed police substation. Under the grant, users of the soup
kitchen would be required to register. Registrants will undergo
a police background check and'will be "trespassed" from the
facility and not allowed to use either the soup kitchen or the
shelter if a criminal record is discovered. If eligible,
registrants will be required to enter the CHIP program. (Not all
users of the soup kitchen,are homeless, and entry into the CHIP
program will not be required if local residence can be proven.)
7.' Upon entry into the CHIP program, shelter residents
would be required to participate in CHIP intervention programs.
These would include mental health and drug and alcohol abuse
counseling and treatment (where appropriate), job skill training
and assistance in obtaining employment, and a~sistance in
obtaining housing. The goal of the CHIP program is to transition
participants back into productive jobs and permanent housing.
8. Participants i~ CHIP would have to follow the
requirements of its programs, as well as follow "good
citizenship" house rules of the homeless shelter (which includes
the requirement to remain sober), in order to continue to receive
the services of the homeless shelter and soup kitchen. The
unacceptable behaviors of some'current users of the soup
kitchen-including public urination and defecation, public
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drinking, panhandling and solicitation for prostitution--would ~.:,::,,'.,
not be tolerated. If a program participant violates CHIP's
rules, "he/she will be restricted from returning to the shelter
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for some periodbf time depending on the number of times and
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severity of offenses."
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Board Action
9. The Planning and Zoning Board considered the soci~ty IS. ' . '_:,
conditional use app~oval application at length at its meeting on
October 15, 1~96,.but continued the matter to giv~ its staff time
to answer questions raised at the meeting. Staff provided
additional information, and the application was considered again
at length at the Board's meeting on November 5, 1996. By a vote
of 4-3, the Board approved the application subject to the
following conditions, which were designed in large par~ to
address concerns of the Appellants:
1. The applicant shall obtain the requisite building
permit, certificate of occupancy and occupational
license within nine months from the date of this
public hearing;
2. All site lighting shall be equipped with a 90 degree
mechanism, with the light being directed downward
and away from adjoining residential properties and
street rights-of-way, and additional lighting will
be installed to better illuminate the perimeter of
the site adjacent to non-residential areas prior to
issuance of the requisite occupational license;
3. A sidewalk interconnection to Cleveland Street shall
be constructed to reduce pedestrian traffic in
surrounding residential areas;
4. The residential shelter is only allowed while the
police substation and other referral services are
provided at this location;
5. Approval shall be for a trial period of three years
from the date of this public hearing, after which a
new conditional use permit review will be required
for the residential shelter ,use;
6. Efforts shall be made on behalf of the CHIP
organization to contact specified neighborhood
representatives to coordinate and communicate issues
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and information on a regular basis; and
7. Fencing to the maximum height allowed by City code
shall be installed on all sides of the property to
control site access prior to the issuance of a
Certificate of Occupancy.
I
The Appellants raise no issue as to the approval of the proposed
po~ice'substation facility as a conditional use; they only oppose
the decision to approve the proposed homeless shelter as a
conditional use.
7
Compatibility with Surrounding Area
10. The area in which the subject property is located could
not be characterized as a residential neighborhood... (A
residential shelter would not be a permit table conditional use in
a single-family zoning district.) Rather, it is in an area of
mixed land use. Existing land uses within ~ooo feet of the site
~:) include office, Bchool, utility facilities, park, indoor retail,
motel, restaurant, bar/tavern, personal services, and vehicular
service, in addition to single-family residential and multi-
family residential.
~1. Perhaps most significant for purposes of the decision
in this case, the proposed property is located next to the
Society's soup kitchen, which is a permitted use that has been
existence at the site since approximately 1991.. There clearly
was evidence to sustain the Board's decision that a homeless
shelter next to an existing soup kitchen is a compatible use. It
may well be that the homeless shelter would not be compatible
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with the surrounding,area if,it were not for the pre-existing
soup kitchen, but those are not the facts.
12. The Appellants question the compatibility of a homeless
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shelter next to a bar and near convenience stores where beer and
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wine can be purchased, since almost 60t of homeless individuals
in upper pinellas County in 1995 were abusers of alcohol. But
'..11" .'
there was no evidence that there are ,any possib}~,locations for a
homeless she~ter in the~ity of Clearwater where b~er and wine
cannot be purchased relatively conveniently.
(There probably are
residential areas where it would be relatively inco~venient to
buy beer and wine, but a homeless shelter would n~t be
permittable there.) Besides, the pre~ence of the.~soup kitchen
next door is enough tQ sustain the Board's de~ision that the
homeless shelter is a compatible use, even with 'the nearby bar
and convenience stores where beer and wine can be purchased.
. ..........~.
Adverse Impacts from SouP Kitchen,
13. All of the adverse impacts on nearby property
complained of by the Appellants are, impacts from the operation of
the soup kitchen. The homeless who trespass by walking through
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private property near the subject property from Cleveland Street,
and from other directions, to the soup kitchen are, obviously,
users of the soup kitchen. Other adverse impacts from users of
the soup kitchen include: damage to and burglary of and sleeping
in and on private property near the subject property;
monopolizing the nearby Cleveland Street bus stop; loitering and
littering and drinking in public on both private and public
property in the area; urinating and defecating and panhandling
and soliciting for prostitution on both private and public
.
property in the area.
14. These adverse impacts from the operation of the soup
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~ kitchen, in addition to the mere presence 'in public of those
homeless users of the soup kitchen who look and smell bad, are
what has caused properties closest to the soup kitchen to decline
in value. The evidence was that,' on the average over a larger
,!
radius of 1000 feet trom the soup kitchen, there is no trend of
decreasing property values as a result of the presence of the
soup kitchen at this ~ime; but, in fairness, that is not to say
that, ~ven over this larger area, the presence of the soup
kitchen, and those who u~e it, woulq not adversely impact the
potential to increase property values, for example from efforts
at redevelopment and revitalization in the area.
positive Impact of Homeless Shelter'
16. There was sufficient evidence to sustain the Boardls
decision that} with the homeless shelter, 48 of the homeless now
living in the streets and causing negative impacts on the
neighborhood will be off the streets and, as long as they follow
the rules of the shelter, will not be contribut~ng to those
impacts. Cf. Finding 13, supra.
17. As conditions cnits approval of the application, the
Board has required:
(1) that a sidewalk interconnection to
,:.;
Cleveland Street be constructed to reduce pedestrian traffic in
surrounding residential areas; (2) that additional lighting be
9
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installed to better illuminate the perimeter of the site adjacent
to non-residential areas prior to issuance of the requisite
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occupational license; and (3) that fencing to the maximum height.
J
allowed ,by City code be installed on all sides,of the property to !
control site access ,prior. to the issuance of a Certificate ,of
Occupancy. These measures also should help ameliorate the
negative impacts of both the residents of the homeless shelter
and other users of the soup kitchen.2
18. There also was ,evidence that, there has been a
,- ~
substantial decrease in crime in the vicinity of new homeless
shelters in Orlando and Jacksonville, Florida. The Board was
entitled to infer from this evidence that a similar decrease in
crime would occur. in the vicinity of the Society's proposed
homeless shelter.
(Also supporting such an inference was
evidence that virtually no complaints have arisen out of the
operation of the lS-bed emergency shelter which the Salvation
Army has operated at 900 pierce Street for the preceding 18
months and at another location for the 18 months before that, or
out of the operation of any homeless shelter operated by Barbara
Green of Everybody's Tabernacle Homeless Emergency Project over
the last 30 years.3
19. In the face of this evidence, the Appellants could only
respond by raising the specter of an influx of homeless from all
over pinellas County (and even t~e country) attracted by the
combination of the soup kitchen and the homeless shelter, in
numbers that will exceed the homeless shelter's capacity. There
was no evidence on which to base such a projection, and the Board \~
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was entitled to treat this concern as being speculative.
20. There was evidence that, unlike some other communities,
pinellas County uses a decentralized method of shelter location
. /'
at spots throughout the County and that this po11cy has succeeded
in avoiding overburdening anyone area. The Board was entitled
to infer from this evidence that the addition of the Society'S
proposed homeless shelter would cause all of the homeless in
Pinellas 'county to abandon the many other shelters in the County
to live on the streets in the vicinity of the Society'S proposed'
shelter while admission.
'..
21. The Board also was entitled to infer that, logically,
if the homeless shelter attracts any additional homeless, it will
attract those hopeful of acceptance into the CHIP program and
~::) that these individuals would be willing to abide by the strict
rules of behavior required of homeless person wanting to be
accepted.
Positive Impact of the Police Substation
22. In addition to the evidence on the positive impact of
the proposed homeless shelter itself, there clearly was evidence
to sustain the Board's decision that the combined proposal of a
homeless shelter and a police substation facility will would have
a positive impact on the neighborhood. As proposed, the police
substation would base a force of six specially trained volunteers
to use community policing and bicycle patrol methods to
supplement current police strength in the area. The Board
clearly was entitled to infer from this evidence that crime and
~ other negative impacts to the neighborhood likely will be reduced
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from current levels.
--...
Three-Year Trial Period
23. As 'an additional protection for the neighboring
I
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property owners, -the Board attached a three-year trial period as
"a condition to its approval, after which a new conditional use
permit review will be required for the residential shelter use.
The Commission's Decision
.. ' .. ~ ,
24. The Appellants argue that policy allegedly set by the
. .
City Commission requires the reversal of the Board's decision~
They argue that tpis policy is reflected in a Commission decision
to deny an application to amendment the City'S comprehensive plan
to change the future land use designation of the property
,adjacent and immediately to the west of the subject property from
.
commercial to public facility to allow for use as a church and
schoo~. The evidence actually reflects the City Commission'S
concern that the existence of a church and school on the site
would make it more difficult for commercial properties within 200
feet to obtain condition use approval for the sale of alcoholic
beverages for lounges and restaurants. The City'S decision not
to, amend its comprehensive plan did not establish policy to
control the conditional use approval at issue in this case.
CONCLUSIONS OF LAW
25. Under Section 36.065(6) of the City of Clearwater Land
Development Code (the Code) :
(a) The hearing officer. shall review the record and
testimony'presented at the hearing before the
board and the hearing officer relative to the
guidelines for consideration of conditional uses
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or variances as contained in chapter 41, 'article
II, or chapter 45, respectively. ~though
additional evidence may be brought before the
hearing officer, the hearing shall not be deemed a
hearing de novo, and the record before the board
shall be incorporated into the record before the
hearing'officer, supplemented by such additional
evidence as may b~ brought before the hearing
officer. .' , '.
'(b) The hearing officer shall be guided by the city
comprehensive plan, ~elevant portions of this Code
and 'established case law.
(c) The burden shall be upon the appellant to show
that the decision of the board cannot be sustained
by the evidence before the board and before ,the
hearing officer, or that the decision of the board'
pepartsfrom the essential requirements of law.
In this 'case, the Appellants argue that lithe decision of the
board cannot be sustained by the evidence before the board and
before the hearing officer. liS
26. Section 41.033 of the Code provides, in pertinent part:
) A conditional use shall be approved by the board only upon
determination that the application and evidence presented clearly
indicate that:
(1) The use complies with the land use plan.
(2) The use complies with all, other applicable
provisions of this development code.
(3) The use complies with the applicable conditional
use standards for the proposed use contained in
division 3 of this article.
(4) The use shall be consistent with the community
welfare and not detract from the public's
convenience at the specific location.
(5) The use shall not unduly decrease the value of
neighboring ,property.
(6) The use shall 'be compatible with the surrounding
area and not impose an excessive burden or have a
substantial negative impact on surrounding or
adjacent uses or on community facilities or
services.
The Appellants argue in this case that the evidence before the
board and before the hearing officer cannot sustain the board's
,~ decision that the application for conditional use approval in
13
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this case met the requirements of Section 41.033 (2) " (3), (4),
(5) and (6) of the Code.
, --'.
27. As for Section 41.033(2) and (3) of the COde, other
provisions' of khe Code a~plicable in this case i~~~~de Section
~ , :.' ....., ,. '.
41.052, which provides in pertinent part:
The standards in this sectlon'shall apply to ,all uses which
are identified in this development code as conditional uses.
-Only those uses which comply with all of the standards contained
in this section may be approved. ' "
* * *
\,
(7) The use shall be consistent with the ,cq~unity
character of the properties surrounding the "us~ .' 'The
criteria in this subsection shall be utilized"to '
determine whether the use satisfies this standard:
(a) Whether the, use is compatible with the
surrounding natural environment;
(b) Whether the use will have a substantial
detrimental effect on the property values of
the properties surrounding the conditional
use; , " .
(c) Whether the use will be compatible with the
surrounding uses as measured by building
setbacks, open'space, hours of operation,
building and site appearance, architectural
design and ,other factors which may be
determined "appropriate to assess the
compatibility of uses;
(d) Whether the traffic generated by the use is
of a type or volume similar to traffic
generated by the surrounding uses.
28. The key to properly deciding this appeal is the
recognition that much of what the Appellants object to already
exists as a result of the Society's existing soup kitchen, and
denying this application for a homeless shelter and police
substation will not change those conditions. Meanwhile, as
found, there'was sufficient evidence both before the Board and
before the hearing officer to sustain the Board's decision that
granting the application will he'lp alleviate the Appellants'
complaints, not exacerbate them, especially in view of the
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conditions placed on the conditional use approval granted by the
Board. The requirement of a three-year trial period, after which
a new conditional use permit review will be required for the
I
residential shelter use, is an additional protection for the
neighboring property owners.
DISPOSITION
Based on the foregoing Findings of Fact and Conolusions of
Law1 the appeal is denied, and the Board's decision is upheld.
DONE AND ORDERED this 26th "day of February, 1997, in
Tallahassee, Florida.
J LAWRENCE JOHN ON
dministrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee I FL 32399-1550
(904) 488-9675
Filed with the Clerk of the
Division of Administrative Hearings
this 26th day of February, 1997.
ENDNOTES
1. The materials referred to the Division of Administrative
Hearings (DOAH) on November 26, 1996, were supplemented with
certified copies of Board minutes.
2. The Appellants make ,much of the Society's need for a small
easement from a neighboring property owner in order to comply
with the sidewalk condition. But the possibility that the
Society will not be able to comply with the condition is not a
ground to overturn the Board's decision. Rather, it would be a
compliance issue that is more appropriately resolved in another
forum.
3. In fairness to the Appellants' position, it should be pointed
out that none these homeless shelters had a soup kitchen
attached.
JS
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'4. The Division of Administrative Hearings (DOAH) has entered
into a contract to serve as'"hearing officer" under the City's
Code. As a result of Chapter 96-159, Laws of Florida (1996),
former'DOAH.hearing officers are now called administrative law
judges. The,CitY1s Code has not yet been revised to reflect the
title change.' ,
5. Under, this curious hybrid procedure, a board.decision .
apparently can be sustained even if not sustainable by the '....,,; ,
evidence before the board if ,sustainable by a combination 'of the
evidence before the board and the evidence before the hearing
officer (and never before seen by the board). The opposite
corollary to this curious procedure is that the board's decision
can be reversed as not sustainable by the evidence based upon
evidence presented for the first time before the hearing officer,
...........
. ,
.",
COPIES FURNISHED:
, .
Timothy A. Johnson, Jr., Esquire
~ohnson, Blakely, Pope, Bokor .
Ruppel & Burns,' P.A.
9~~ Chestnut Street
Clearwater~ Florida 34617-1368
~eslie K. Dougall-Sides
Assistant City.' Attorney'
City of Clearwater
Post Office Box 4748
Clearwater, Florida ,34618-4748
.,..,
, ,
R; Carlton Ward, Esquire
Rfchards, Gilkey, Fite, Slaughter,
Pratesi & Ward, P.A.
Richards Building
1253 Park Street
Clearwater, Florida 34616
Cynthia Goudeau
City Clerk
City of Clearwater
Post Office Box 4748
Clearwater, Florida 346~8-4748
NOTICE OF RIGHT TO JUDICIAL REVIEW
A party who is adversely affected by this Final Order is entitle
to judicial review by common law certiorari review in circuit
court. See Section 36.065(6) (g), City of Clearwater Land
Development Code.
\........1
16
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1
STATE OF FLORIDA
2
DIVISION OF ADMINISTRATIVE HEARINGS
3 .
CASE NO. 96-5590
4
5 MARY SCHUH, BRIAN SCHUH,
6 CLARK HUBBARD, PAT A. WILSON,
7 JONAS O. BRUMMETT" DR. GILBERT
8 JANNELLI, and SAVE OUR
9 NEIGHBORHOOD, an unincorporated
cg@~w
10 association,
11
Appellants,
,12 Vs.
, .
.
13 THE SOCIETY OF ST. VINCENT
, .
.
"
14, DEPAUL, and THE ,CITY OF
15 CLEARWATER,
, .
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'16
.,17
18
19 DATE:
20
LOCATION:
21
22
REPORTER:
23
24
25
Appellees.
. ,
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"
.
FINAL HEARING
JANUARY 29, 1997
9:00 A.M. - 12:15 P.M.
CLEARWATER EAST LIBRARY - MEETING ROOM A
2251 DREW STREET
CLEARWATER, FLORIDA
LYNN GEDERS, NOTARY PUBLIC
STATE OF FLORIDA AT LARGE
D & D REPORTING SERVICE
915 CHESTNUT STREET
CLEARWATER, FL 34616
(813) 468-2002
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2
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1
2 Hearing Officer:
3
4
)
5
6
7 For the Appella;nts :,
8 .
9
10
A P PEA RAN C E S
'"
THE HONORABLE J. LAWRENCE JOHNSTON
Administrative Law JUdge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida s2399-3060
"
~; ,
"
a ~ . L.
TIMOT~Y A. JOHNSON, JR., ESQ.
Johnson, Blakely, Pope, Bokor,
Ruppel, & Burns 'P.A.
Post Office Box 1368
Clearwater, Florida 34617-1368
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,12 For the ,Appellee,
The City of
13 Clearwater:
,
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14
LESLIE K. DO~GALL-SIDES, ESQ.
Assistant City Attorney
City of Clearwater
Post Office Box 4748
Clearwater, Plorida 34618-4748
, ' ,
"
15
16
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17
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18, For the Appellee,
The St. Vincent
19 DePaul Society:
R. CARLTON WARD, ESQ.
,1253 Park st.
Clearwater, Florida
34616
20
,21
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22
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INDEX OF EXHIBITS
3
Line
J No.1, a city map of the area in question ..... .... 20 23
No.2, a map of area to be served by proposed
2 APPELLANT'S
Page
4 substation..................,.......................... of .. . .. . t . . 01 .. . .. 30 3
No.3, videotape of City Commission hearing
5 12/5/96.............. , .. .. .. .. oil ,. .. .. .. . .. .. ill ... .. .. .. . .. . .. .. .. , .. . .. .. II . .. .. .. 44 11
No.4, warranty deed, Dr. Jannelli ... '" ....... ... 45 2
6 No.5, affadavit by Mr. Tzekas ... .... '" ... ... .... 63 17
No.6, quitclaim deed, Jami Al Salam, Inc. .. ... ... 64 12
7 No.7, Wall Street Journal article ... ... ... .... ... 64 22
No.8" St. petersburg Times article ............... 65 7
8 No.9, 4/17 letter from Shuford to Klein ....... ... 96 5
9 APPLICANT'S
No.1, Shuford report to Board ... .......'... ....... 75 16
10 GOVERNMENT'S
No.1, homeless study survey ...................... 36 22
11 No.2, Scott Shuford's resume. ....... '" ... ..~ .... 84 11
No.3, map showing eXisting land uses within
,-'....
\
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12
1000 feet ....................................,................,................ 01- .. I B 8
No.4, City's comprehensive plan policies .. ... .... 92
No..5, Planning and Zoning Board videotapes
(2) ... II..... I........ ,'............... 1-.......................................... 97
No.6, zoning code section 35.05 . ....... .......... 97
No.7, zoning code section 35.11 . .... ..... .... .... 98
No.8, zoning code 36.033 ..... ." ....... ... '" .... 98
No.' 9, zoning code sections 40.141 - 40.148 ... .... 98
No. 10, zoning code sections 40.421 - 40.426 ...... 98
No. 11, zoning code sections 41.021 - 41.053 .. .... 98
No. 12, zoning code sections 43.01 - 43.51 . ....... 99
No. 13, 6/10/96 memo from Shuford to Klein. ... .... 99
No. 14, 5/26/95 memo ........".... I .. .. .. .. . .. .. . .. .. . . .. . .. .. . , .... 99
No. 15, 4/23/96 letter from Clearwater
Housing Authority ....................."................................ 100
No. 16, 10/29/96 certified site plan .... ... ...... 100
No. 17, 12/21/96 st. Petersburg Times article. ... 100
No. 18, 12/22/96 Tampa Tribune article .. .., '" ... 101
No. 19, 11/96 annual ,report Fl. Dept of
9
6
15
22
1
5
9
13
17
1
8
17
1
15
24
6
Children & Family ................................ 101 15
22 No'. 19-A, There Goes the Neighborhood?
artic Ie ...................... + L .. .. .. .. . . .. . .. . .. . . . .. . .. .. . .. . .. .. .. .. ... 102 25
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14
15
16
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17
18
19
20
21
23
24
REPORTER'S NOTE: Exhibits not furnished to Reporter
25
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1
INDEX OF EXAMINATIONS
2
4
5
6 Witness,
Dir
.7> Brandt",--Ed ........................70
,
, , Gut1i.art,
9 Mary Lou .................. 66
,
"
10 Hubbard, Clark ..................... 54
. .
11 Hubbard, Clark - recalled ........ 104
,12 Jannelli, Gilbert .................. 39
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" } 13 Jannell~; Gilbert - recalled..... 106
14 Klein, Sid ..........................20
:. .
15 K;1ein, Sid - recalled, .............73
..
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'16 Shuford, Scott.......... " . . . . . . . . . . . ' 84
17 Wilson, Pat ....................................... 60
18
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19
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20
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Cros
Redir Recro
52
54
53
, 5'7 59
105 106
46 48
107 111 112
36 38 38
77 82
93 97
,63
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5
1
PRO C E E DIN G S
'~
2
MR. JOHNSTON: I notice first off that apparently
3 our computer system cutoff the names of the appellants
4 after the first name Clark. And we've all been politely
5 going forward using an incorrect caption in that respect.
6 And so welre here today for the Appeal Hearing in the
7 case that actually should be entitled "Mary Schuh, Brian
'0
8
Schuh, Clark Hubbard, 'Pat A. Wilson, Jonas O. Brummett,
9 and Dr. Gilbert Jannelli, and Save Our Neighborhood, an
10 unincorporated association, Appellants, vs. The Society
11 of saint Vincent DePaul, and the City of Clearwater,
) ,
12'
Appe,llees. "
,::l
13
There's been a motion filed asking that this caption
14 be corrected to reflect the City of Clearwater as a
15 party, appellee, in this case. And there's been no
16 objection to that motion. And thatls been consistent
17 with my -- with prior proceedings that live had. So
18 there being no objection, the City will be participating
19 as a party, appellee, ,in this proceeding.
20
MS. DOUGALL-SIDES: Thank you.
i'
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21
MR. JOHNSTON: My name is J. Lawrence Johnston. I'm
22 the Hearing Officer under your code. I mentioned to
23 somebody that in this past session, we were retitled
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24
Administrative Law Judges. But under your code, I'm
25
serving as your Hearing Officer for this proceeding.
. . '. ~.' ,t . . , . 'r . : .' I.. ..: :' j ". . . \
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I would ask at 'the outset that the attorneys for the
2 parties state their appearances for the record.
3
MR. JOHNSON: Timothy A. Johnson, Jr., for the
4 appellants.
5
MR. WARD: R. Carlton Ward for the St. Vince~t
6 DePaul, appellee.
7
MS. DOUGALL-SIDES~ Leslie K. Dougall-Sides for the
8 City of Clearwater, Planning and Zoning Board.
9
MR. JOHNSTON: As I read your ordinance, I assume
10 that I have the most up-to-date version of it. The first
11 order of business would be for me to receive the tapes,
12
minutes, and exhibits from the
is it Planning and
}"
t',
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,13
Zoning Board, that this is an appeal from? -- of the
14
Planning and Zoning Board. And I'll do that at this
"
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15
time. I have been sent tapes of the two hearings before
~ ..
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16 the Planning and Zoning Board. Those would be of the
17 dates October 15, and November the 5th, 1996.
18
In addi,tion, there was sent over wi th a transmittal
','
19 letter from the City, the Notice of Appeal, the Public
I
20 Hearing Notice for November 5th, and the other items
21 listed in the transmittal letter dated November 25th,
22 1996. And if there's no objection, I'll receive those at
23 this time as the matters of record that were part of the
()
24
record below before the Planning and Zoning Board.
25
MS. DOUGALL-SIDES: Mr. Hearing Officer, I have
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7
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certified copies of the two sets of Planning and Zoning
2
Board minutes. I believe that at that time the record
3 was forwarded to your Honor, the second set of minutes
4 from November 5th. was stamped at the top as ItNot Pinal. It
5 And I do now have a final version which is a certified
6 copy from the City Clerk~
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MR. JOHNSON: Were there any changes to the minutes?
8
MS. DOUGALL-SIDES: I don't believe so. no.
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9
MR. JOHNSON: Both of these are the same thing?
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MR. WARD: One of them is the October minutes, and
11 the other --
12
MR. JOHNSON: And the other is the November 5th?
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MR. WARD: Yes.
14
MR. JOHNSTON: Without objection then. I'll
15 supplement the matters that I just referenced by adding
16 these final minutes of the -- were there final minutes
17 from October 15, already sent? Or do you recall?
18 MS. DOUGALL-SIDES: The minutes that were sent were
19 not stamped ItNot Final.1I So I'm assuming that they were
20 final. However, they were not a certified copy of those
21 minutes.
22
MR. JOHNSTON: Well, I'll supplement the record to
23 add these two documents. Any other preliminary matters
~)
24
that should be put on the record at this time?
25
MR. JOHNSON: Yes, sir. As to the applicability of
".:1': .::.":..:""',:'., '::.~").."F..."..:..'....... .'
1
the rules of evidence, before the City was a party to
8
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2
this matter, Mr. Ward and I agreed that we were not going
3
to follow the strict rules of evidence. And we were
4 recognizing, of course, that you have the ability to
5 decide what' weight to give whatever we submit. But we
6 had agreed that we were not going to follow those rules.
7
MR. WARD: That's true.
8
MR. JOHNSTON: All right.
9
MR. WARD: And, I guess, one question I have, Our
10 code indicates that each party is to be limited to an
11 approximate hour, although you have discretion to expand
12 that. And didn't know if you had any policy on what your
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13
intentions were, whether you wanted to --
14
MR. JOHNSTON: Well, let me ask how many witnesses
15 you all anticipated calling for the hearing? How long do
16 you think your presentations will take? Mr. Johnson?
1""
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17
MR. JOHNSON: I'm calling two witnesses who are from
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18 the City. So presumably, they're going to be -- I mean,
19 we can cover the same ground with them that they might
, .
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20 otherwise have covered anyway, and they might have been
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21 calling. I'm calling Chief Klein and Scott Shuford.
.....;
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22 Although I can live without scott, who's not here yet, I
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23 guess. And I'm calling one, two, three, four, five
'.
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24
property owner witnesses, each of whom will be pretty
~
25 brief. I believe it wouldn't take more than an hour.
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MR. WARD: And I don't think we would -- we would
2 have one witness I would call would be -- and depending
3 ,on, really, what comes from Mr. Johnson's witnesses
4 whether we have any additional. I don't believe we would
5 have any additional from The Saint Vincent DePaul.. And
6 Miss Dougall-Sides has --
7
8
MS. DOUGALL-SIDES: I have one witness and a set of
exhibits. Probably shouldn't take over, maybe half on
9 hour.
10
MR. JOHNSTON: Let's proceed. And assuming that
11 everything stays -- continues to appear reasonable to me,
12 I would be inclined to, if necessary, exceed the hour for
~)
13
14
,the appellants case, within limits.
Next item would be opening statements, if the
15' parties have opening statements to make. And this would
16 be a good time to address for me so that I'm tuned into
17 your presentation. As I understand it, this is an appeal
18
from the Planning and Zoning Board decision. And
19 therefore, it's the burden of the appellant, as the
20 ordinance states, to show that the decision of the Board
21 cannot be sustained by the evidence before the Board,
22 together with evidence presented here. Or that the
23 decision departs from the essential requirements of law.
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24
25
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So in your opening statements, if you would address for
me exactly what -- for what reasons the Planning and
j, ....
~
10
1
Zoning Board decision is not -- cannot be sustained by
2 the evidence.
3
MR. JOHNSON: Ready?
4
MR. JOHNSTON: Yes.
5
MR. JOHNSON: The proposed usage, your Honor ,is
6 aware, is for a homeless shelter which will house 48
7 persons. The homeless shelter ,is designed to focus on
8 single individuals, and is designed to have a maximum
9 stay of eight days. A second use would be, in
10 conjunction with the homeless shelter, a police
11 substation which is proposed to have six officers who
12 would be spread out over a period of 24 hours and would
~
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13
be headquartered at that substation. Under Clearwater's
;",
14 Land Development Code, it's necessary for ~ conditional
15 use to be granted for this proposed use. And that was
16 granted by a 4 to 3 vote by the Planning and Zoning Board
17 following two very lengthy pUblic hearings.
18 The appellants are residents and/or property owners
19 in the vicinity of the proposed use. And they're
20 representing themselves and others who are similarly
21 situated. They have appealed the granting of this,
22 because there is no clear evidence that several standards
23 of approval required by the Clearwater code have been
,(~\
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24
met. And I don't know whether you've got copies of that
25 code section that we're dealing with. I'll be happy to
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4
(Copy was provided to Mr. Johnston.)
11
1
provide you --
~
2
MR. JOHNSTON: I tried to bring copies with me. But
3 if you have an extra copy, I'll be sure to look.
<,
5
MR. JOHNSON: This is the standards for approval.
6 Specifically, the code sections which are required to be
7 met are 41.033 and 41.052. And we believe that the
8 evidence which was presented at the hearing, as well as
'J,:
9 will be presented today, will show that the following
::'J'.
10
standards are not met. I won't give you the citations to
11 them; I'll just give you the essence of them.
12 We believe that there was no showing that the
/-)
13
proposed use would not detract from the public's
" .
14 convenience at this location. That there was no showing
,',
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15
that this would not unduly decrease the value of
...
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16 neighboring property. There was no showing that the
17 proposed use would be compatible with the surrounding
18 area and would not impose an excessive burden or have a
'j
19 sUbstantial negative impact on surrounding or adjacent
i:
20 uses. We didn't believe that there was a showing that
'.'
21 this was consistent with a community character. That
~. . .
22 there was no evidence showing that the proposed use would
~ .':
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23 not have a substantial detrimental effect on property
~
24
values of surrounding properties. It's important to note
25 that failure to meet anyone of these conditions results
,I:
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in denial of the conditional use. They're not
2 cumulative.
3 First, let me emphasize that this case is not about
4 whether homeless shelters are good or bad. This case is
5
not about whether there should be homeless shelter.s.
6 This case is about following the rules. And if the City
, 7 decides, in its wisdom, that it wants to change the
8
rules, then we have, a different set of facts to deal
9
with. But we have a set of rules that are established by
10
the code. And if you follow those rules, this homeless
11 shelter can't be located at-this location. That
12
concludes our opening remarks.
13
MR. JOHNSTON: Any opening statements from the
14 appellees at this time?
15
MR. WARD: Briefly, I'd like to make a statement. I
16 think that you,-- I believe Mr. Johnston hit on the key.
17 And that is that it is the burden of the appellant to
18 show that the Board did not have sufficient evidence
19
before them on which to base their decision, and that is
20 some departure from the essential requirements of law.
21 And I don't think the appellants are arguing there was
22 any departure from the essential requirements of law such
23 as due process, and so forth.
24
Mainly, they don't feel like the Board made the
25 right decision based on the evidence that was before the
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1
Board. I think what's important is several things. One
2 is the Board had, as Mr~ Johnson said, two lengthy
3
hearings. One
each of them which exceeded, I believe,
4 probably three hours dealing with this. So they had lots
5 of testimony. And after the first hearing, the Board
6 moved to continue the hearing and requested that the City
7 Planner develop some additional information for them to
8 have to base their decision on. That information dealing
9
with zoning intensity, and property value impacts, and
10 crime, and the comprehensive approach to the plan to
11 dealing with the homeless in Clearwater.
12
And in response to that requirement, the City
13
Planner did his homework and research, came back and made
14 a report and presentation both verbally and in writing at
15
the continued hearing. And it was my opinion that the
16 Board had plenty of evidence before them on which to base
17
their decision. That the elements that are required for
18 conditional use were met and satisfied.
19 And so that it's really the burden upon the
'20 applicant, not to show that the evidence wasn't good
21 evidence, or there wasn't sufficient evidence there for
22 which the Board to make their decision. And I'm sure you
23 can appreciate the Board had three hours. And they've
24
dealt with this a lot. And for'you to overturn their
25
decision, the wisdom of, the seven people who deliberated
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1
over this, I hope would take extreme circumstances before
2 that would happen.
3
MR. JOHNSTON:
Anything from the City at ,this time?
4
MS. DOUGALL-SIDES: Yes. It's important to note
5 that the Notice of Appeal only raised two grounds,. as I
6 read it, for the alleged insufficiency. First, the
7 compatibility with surrounding land uses criteria. And
8 secondly, the supposed effect upon property values of
9
these petitioners. So I think that in this proceeding,
10
we are limited to looking at those two issues. The Board
11 would submit that the -- there are actually three
12
separate code sections which we'll introduce which give
13
criteria for conditional use approval. And they get more
14 'and more specific. These were under the Public Facility
15 Conditional Use, and something called a Residential
16 Shelter Conditional Use.
17 As you pointed out, the review contemplated under
,18 our hearing officer code section is limited, and the
19 burden is on the petitioners. We submit that the
20 evidence did support the decision below. Mr. Shuford,
21 the City Planner, or central Permitting Director as we
22 call him, will testify that in his opinion the use is
. ,t':
compatible with surrounding land uses, and that we've met
23
24
all the criteria listed. We had also, as Mr. Ward
25 mentioned, prepared a staff report, which was then
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rebutted at the hearing, which went through all of the
2 criteria and gave the planning staff's opinion as to
.3 whether the criteria were met. Mr. Shuford is the staff
4 liaison for the Planning and Zoning Board, and'his
5 department presents reports to that Board.
6 The neighborhood in question is not a single-family
7 residential neighborhood. It has a variety of mixed uses
8 including a fair amount of office and retail space,
9 public institutional use, pUblic-type housing. And the
10 zoning districts in which the subject property lies are,
11
general commercial district and multifamily district. So
12 there's a conditional use under those districts that it
-~
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13
was applied for. It is not a single-family residential
14 area.
15
It's apparent from the audio tapes
and we will
16 have an exhibit, the video tapes, as well, of the hearing
17 -- that the objections from the petitioners, who are
18 property owners in the area, were anecdotal in nature.
19 And,. further, that most of their observations were
20 related to an existing operation, a soup kitchen, which
21 has existed for several years in the area on the
22 property, not the proposed project of the combination of
23 a 48-bed residential shelter plus police substation,
o
24
which was the subject of the hearing. Neighborhood
25 opposition alone is not sufficient, under Florida law, as
~
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16
1
a ground for denial of an otherwise sufficient zoning
2
application. And the petitioners at the hearing really
3 did not support their anecdotal observations with any
4 hard evidence regarding their property values
5 diminishing.
6 The question is not whether the project is
7 sufficient or acceptable for this zoned property use, but
8 whether, strictly speaking, it meets the criteria for
9 approval. The record and the evidence will also show
10 that the Board included in its approval some criteria to
11 mitigate any undesirable impacts, including that the
12 applicant would mee~ with the neighborhood residents on a
13
continui~g basis to address their concerns, that fencing
14 be installed around the entire project in all directions
15 to deal with'view considerations, and that a pedestrian
16 sidewalk be installed to attempt to increase pedestrian
17 circulation in a desirable manner, and most importantly I
18 think, that a three-year trial period be imposed on the
19 property. So the Board would come back in three years to
20 look at whether this was working and to revoke the
21
approval if not. So we believe the evidence will
22 demonstrate that there was competent and substantial
23 evidence below to support the Boardts decision.
24
MR. JOHNSTON: Let me just ask this. You sound like
25 you are trying to limit the appellant to the issues that
.'
17
,~
1
'are raised in paragraph 1 of the Notice of Appeal? Or
2 was it 1 and 2? In other words, what I'm looking at is
3 paragraph 3, which is more general.
4
MS. DOUGALL-SIDES: Yes. Paragraph 3 states that
5 the proposed use has to comply with all applicable
6 commission use standards. But then paragraph 4 appears
7 to go on -- well, paragraphs 4 through 8 seem to then
8 specifically address only some of' those standards. And,
9 in fact, it is ,somewhat repetitive. The community
10 welfare is mentioned twice. And I don't know what the
11 appellant's thoughts when drafting this, but paragraph 3
12 refers to all applicable commission use standards. Yet
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13
paragraphs 4 through 8 appear to limit the --
14
,
MR. JOHNSON: I can share my thoughts. They are
15 required to meet all. So I have alleged they did not
16 meet all. I'm also required to state the detailed basis
17 for the appeal, which I went on to do even further. I
18 don't think I've limited myself at all.
19
MR. JOHNSTON: Okay.
20
MS. DOUGALL-SIDES: But the notice does recite only
21 certain arguments for criteria.
22
MR. JOHNSON: And those are the ones that I've
23 repeated here today.
:)
24
MR. JOHNSTON: That is what the appeal addresses.
25
MR. JOHNSON: That's right. The comments in my
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opening statement, which ones that I think that they
2 failed to meet are the ones that are cited here on the
3 Notice of Appeal. One other clarifying point, it sounds
, 4 to me as though the appellees are attempting to limit
5 this to a review of the record below. And as I read the
6 procedure, you consider the record below and you consider
7
what occurs here, and then you make a decision as to
8
whether those standards have been met. Thatls, as I
9 understand it, how the procedure works.
10
MR. JOHNSTON: That's what the words say. I've
11 always had some difficulty understanding,exactly how I go
12 about doing that. But that is true that I am allowed to
13
consider the evidence" additional evidence as presented
14 today.
15
MR. JOHNSON: The reason this is not a hearing de
16 novo is that all the rest of this information from the
17 hearing below is automatically here. So they donlt have
18 to put on all of that again. And we understand that.
19 Thatls why itls not ,a hearing de novo. But your decision
20 is based on that information that the Board had, plus the
21 information you get today.
22
MR. JOHNSTON: Right. All right. I think welre
23 ready for your presentation.
24
MR. JOHNSON: We would like to call first Chief Sid
25 Klein.
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1
SID
K LEI N
2 WAS CALLED AND AFTER BEING DULY SWORN WAS EXAMINED AND
,
3 TESTIFIED AS FOLLOWS:
4 DIRECT EXANINATION
5 BY MR. JOHNSON:
6
Q.
I'll be gentle, Chief. I've never examined a
7 witness who carried a gun into court. Please state your name
','
B for the, record.
9
A.
,Sid Klein, Chief of Police, City of Clearwater.
10
Q.
What is your relationship to the appellee, St.
11 Vincent DePaul?
"
','
12
A. '
I am appearing here in the capacity of the current
~) 13 chairman of an organization, a nonprofit organization, called
14 CHIP, C-h-i-p, which is the Clearwater Homeless Intervention
15 Project. It consists of a coalition of four organizations.
16 The representatives, our board of directors, are represented
r.'
17 here today, consisting of the st. Vincent DePaul soup kitchen,
18 the Salvation Army, the Clearwater Housing Authority, and the
19 Clearwater Police Department.
20 Q. Chief, I want to show you a map of an area of the
21 city. And I'll ask the Judge, Where would you like this best
22 to be located?
23
MR. JOHNSTON: Probably right over here would be
~
24
best.
25
I'
MR. JOHNSON: He may need to point to it.
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MR., JOHNSTON: That I s fine.
2 BY MR. JOHNSON:
3
Q.
Could you identify on this map the area where the
4 proposed homeless shelter and substation are to be located?
5
A.
That would be here. (Indicating.)
6
Q.
Is that the location of the current soup kitchen?
7
A.
Yes.
8
Q.
And the homeless shelter would be built then where?
,9
A.
On the same property immediately adjacent to the
10 existing soup' kitchen, the St. Vincent DePaul soup kitchen
11 facility.
12
, Q.
You may have a seat. I would, in fact, like to
'~ 13 introduce this as our first exhibit. And if I have the
14 permission of the JUdge and the other parties subsequent to
15 this hearing, I will submit to you reductions of these so you
16 don't have to carry these around.
17
MR. JOHNSTON: Is there any objection to the
18 evidence?
19
MR. WARD: No.
20
MS. DOUGALL-SIDES:' No.
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21
, ,
MR. JOHNSTON: So it's received then as Appellant's
22 Exhibit 1.
23 (Appellant's Exhibit No.1 was marked for
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identification and admitted into evidence.}
25 BY MR. JOHNSON:
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Q. Would you please describe the homeless shelter that
2
is proposed to be built here?
3,
A.
Yes, sir. The proposed homeless shelter would be a
4 physical addition to the existing soup kitchen consisting of a
5 48-bed homeless shelter for both homeless males. females, and
6 a limited number of space for families. It will also
7 incorporate a police community policing substation consisting
B of the assignment of six officers and a sergeant. who would be
9 assigned to that neighborhood with responsibility for patrol
10 of that neighborhood.
11
Q. ,
How will people access this homeless shelter?
12
A.
A person who comes to the St. Vincent DePaul soup
13 J~itchen for the purpose of obtaining food currently and in the
14 future would be required to go through a registration program.
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15
Q.
I'm sorry. I mean. physically how would they get
16 there?
17
A.
How would they get there?
18
Q.
Yes.
19
A.
Walk in the door.
20
Do most of these patrons walk there as pedestrians?
Q.
21 Or do they drive' cars?
22
The greater number are pedestrians.
A.
23
It is the condition'-- there is a condition in the
Q.
24 approval that was granted by the Planning and zoning Board
25 that there be a sidewalk that be constructed to Cleveland
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1 Street.
2
A.
Correct.
3
Now, where will that sidewalk be constructed? Can
Q.
4 you show on the map how that would work.
5
A.
I think I might have a copy of the site plan with
6 us. I can show you specifically.
7
Q.
Okay.
8
A.
While we're looking for the site plan, the
9 requirement for the sidewalk would require a sidewalk be built
,10 from Cleveland Street that would come down on the, I believe,
11 the right~hand side of the property to access the property
12 from this direction.
13
Q.
So this is where the sidewalk goes, out here?
15
14
A.
That's my understanding, yes.
Q.
What problems are presented if you weren't able to
16 do that, in addition to not meeting the condition? But what
17 problem is that designed to alleviate?
18
Well. that was a condition imposed by the Board with
A.
19 my understanding for the express purpose that it would provide
20 direct access along our property line. So persons wishing to
21 access the shelter would not have to walk through other
22 private property or go down here and then come up the street
23 and access the shelter.
24
Are patrons to the soup kitchen now wandering
Q.
25 through private property to get there?
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23
Yes. On occasion they do.
Do you have that access to get out to Cleveland
Yes.
Do you have an easement for that?
Yes, itls my understanding that we do.
Were you able to locate the site plan?
Not yet.
Would it ~urprise you to learn that you do not own
10 property that goes all the way out to Cleveland Street?
2
Q.
Yes, it would surprise me.
You know that you do not'have -- or do you recognize
'~ '13 that you do not have an easement with the owner of this
.J
3 Street?
4
A.
14 property for a sidewalk?
5
Q.
No. ltts on our property lines.
And you do not have an easement for this property to
17 get your sidewalk? Do you believe your easement is on this
6
A.
Yes.
MR. JOHNSTON: Excuse me. 'When you say "your
21 property" --
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Q.
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8
. A.
9
Q.
11
A.
12
Q.
15
A.
16
Q.
18 property?
19
A.
20
22
23
24
25
MR. JOHNSON: I'm sorry. This is the St. Vincent
DePaul property
property that'is in conjunction with
that complex.
MR. JOHNSTON: ' So on that map then, the orange is
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the
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2
MR. JOHNSON: The St. Vincent DePaul property, as is
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the yellow.
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4 BY MR. JOHNSON:
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5
Q.
The yellow depicts the location of the actual
6 facility: is that correct?
,;,
7
A.
Yes.
8
Q.
I'm sorry. Have a seat. Is the -- what types of
9
persons
is this shelter deSirned to treat? The same kind of
who now are patrons Of the soup kitchen?
Yes, that's correct.
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people
11
A.
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'Q.
Is there more of an emphasis on single individuals
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14 words, the soup kitchen has a number of families who come
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A.
That's correct.
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Q.
But the shelter is designed more to relate to single
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18 individuals, with some families?
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19
A.
That's correct.
20 '
Q.
Do you believe that the people who are the single
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21 individuals who are residents of the shelter for this
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22 eight-day periOd are going to, basically, behave in the same
23 way that those people are who attend the soup kitchen? They
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24 have the same habits and the same patterns?
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25
A.
Not necessarily. There is a number, in fact, the
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1 majority of people who access the soup kitchen are not
2 homeless. And we make that distinguishing difference at the
3 time the person is required to register. If they can prove
4 residency, they are not required to enter the shelter program.
5
I see. But if they are homeless, then -- they have
Q.
6 ~o be homeless to be in the homeless shelter?
7
A.
Correct.
8
And what is the maximum length of stay?
Q.
9
The maximum would be proposed for eight days. But
A.
10 that is not going to be the average.
11
What is the average?
I
Q.
12
We don't know, because we haven't built it yet.
A.
13
But the maximum is eight days?,
Q.
14
That's what we're proposing.
A.
15
And what will these people be doing during the day?
Q.
16
During the day?
A.
17
Q.
Yes.
18
The way we are designing the program is that there
A.
19 would be a requirement for a whole full program of
20 intervention services that would require job counseling,
21 medical services. And it is our proposal that a person, once
22 in the shelter. would be placed right into some type of either
23 a job training program or an actual job. So we do not
24 anticipate that, for the most part, they are going to be
25 spending the day in the shelter. That's not the intent of the
"
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1 program.
2
Q.
26
Where would they be spending their time?
Either in a training facility and/or in an actual
4 job outside of the facility.
3
, A.
Are they free to come and go as they wish?
Yes.
What -- during what times of day would you be
8' accepting residents to the shelter? Twenty-four hours a day
5
Q.
9 potentially?,
6
A.
That's still to be determined. We anticipate that
11 the time a person would come to the soup kitchen for meal
7 H
Q.
12 services is when we would open the shelter for acceptance of
10
, A.
.13 new clients.
,
14
Q.
What occurs if a homeless person comes to the
15' shelter, say, in the evening and the shelter is full?
16
A.
There are other facilities in the City of Clearwater
17 that, if they have space, we can make referrals to accept
18 those persons.
19
Q.
Would they be transported there?
Probably, yes.
By whom?
Staff from the shelter.
So you'll have staff there that would have the
24 ability to leave the shelter and transport a homeless person
20
A.
25 to some other shelter?
21
Q.
22
A.
23
Q.
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27
1 A. Yes.
,~
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2 Q. How many staff persons will be there?
3 A. We haven't determined exactly. In addition to the
4 staffing provided by the Salvation Army, periodically there
5 will be police officers in and out of the substation, as well
6 as a contingent of the Americorp Program. And I'd be glad to
7 explain that, if you'd like.
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8
Q.
I'll let you do that on his ,ticket. Have you ever
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9 stated or indicated that the homeless shelter might be used
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10 for temporary or emergency overflow for intoxicated persons?
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12 and, if you had space available that you might take them there?
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A.
As a last resort, we probably would.
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Q.
IS this shelter designed to serve all of upper
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A.
Yes.
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17
Q.
Can you describe for me how the police substation is
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18 going to operate?
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A.
The substation will follow, basically, the operating
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20 procedures of seven other currently existing community
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21 policing stations scattered throughout the city. They will be
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22 a complement, again, of six officers and a sergeant assigned
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23 to that station. But there will be, as there currently is, a
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24 number of officers assigned to a larger district that surround
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25 that station., So there's always police officers physically in
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8 on duty at one time in the area to deal with specific
28
~
1 the patrol area where the substation would be assigned.
2 When the community policing officers assigned to the
3 proposed shelter are on duty, those hours would be spread out
4 throughout the ,day. So we intend to maximize the hours of
5 coverage. Not all six or seven would be necessarily on duty
6 at the same time. Rather we want to maximize the exposure.
7 We wish to retain the flexibility that if we need all officers
~. .
9 problems, we'will do that. So the hours of assignment and
10 deployment will vary.
11
Q.
Will there be times when there is nobody in the
12 substation at all?
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13
A.
There will always be a person in the shelter, not
14 necessarily in the substation.
15
Q.
What's the reason for the substation? Why do you
16 need to put the substation in with the homeless shelter?
'.'
"
17
A.
We see it as an opportunity to ensure that the
, ,
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18 concerns of the residents and the business people about having
:,
19 homeless persons in that shelter would be alleviated by
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20 a,ssigning community policing officers. This team,
21 specifically, is also already has been equipped and trained
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23 community. They will focus, specifically, on the area
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24 surrounding the proposed shelter. And we have found in other
25 areas of the city when we employ those type of policing
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29
concepts, generally, we've been very successful in cleaning up
any crime problems and other types of concerns to the
neighborhood.
Q. Is there a crime problem in this neighborhood now?
A. Not any more or any less, I think, in terms of other
areas of the city. We've been able to examine that
statistically, and I can not say
Q. ,For example, does this have the same crime as Island
Estates?
A. No. Not necessarily the same types of crime. There
are more calls for service attending to, usually, problems
'associated with homeless persons'in that geographical area.
Q. I'm going to show you another map. And ask you if
this represents the area intended to be served by that
substation. Crest Lake here on the east, the Bay on the west,
Drew on the north, and Court on the south?
A. That's correct.
Q. SO that's the area to be served by that substation?
A. Yes. For the officers who will patrol that area.
MR. JOHNSON: I would like to introduce this map
also as an exhibit.
MR. JOHNSTON: Okay. That's Appellant's Exhibit 2.
Without objection, it's received.
MR. WARD: That's fine.
MS. DOUGALL-SIDES: No objection.
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30
1
MR. JOHNSTON: Will you also reduce that one?
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2
MR. JOHNSON: Yes.
3
(Appellant's Exhibit No.2 was marked for
4
identification and admitted into evidence.)
"
5 BY MR. JOHNSON:
6
Q.
Has the policing in the area around the soup kitchen
7 been increased since the Planning and Zoning Board hearing in
8 November?
9
A.
Only in the respect that I've asked this team, which
10 currently exists, to try to go into the area as ,often as
11 possible to deal with any concerns or possible crime problems.
12 So the answer is yes.
:~
13
Q.
What is the single largest cause for homelessness as
14 ascertained in the 1995 Winter Homeless Task Force Study? Is
15 it alcohol? Or alcohol abuse?
16
A.
Not necessarily. There's
I do not think that
17 study specifically identified a single cause. Rather it
18 alluded to a number of reasons.
19
Q.
Maybe "cause" overstates it. Maybe it's an effect.
20 I'm not sure. But I show you here a copy of a letter from
'21 Debra Vincent, from the Clearwater Housing Authority, to a
22 Mr. Bill Hansen in Tallahassee, with the Benefit Recovery and
23 Special Projects. And it contains an application with respect
o
24 to this project. Have you ever seen this document, or
25 something like it? Itll get to the meat of it in a moment.
.'. ,," .. I .>,..
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31
1 And it quotes from the Winter 1995 homeless survey, and it has
2 a table which lists the problems that the homeless suffer
3 from. And it indicates in that that alcohol or other drug
4 abuse as the only source of the sUbpopulation is about 45
5 percent of the population. Does that ring a bell with .you?
6
A.
Yes. This report was the report I presented to the
7 Planning and, Zoning Board.
8
Q.
And in addition to that, that severe mental illness
9 coupled with alcohol or other drug abuse, accounts for 14
10 percent of the popUlation?
A.
Yes. In Pinellas County.
12
Q.
In Pinellas County. And is that fairly
:') 13 representative of the population that you would expect to be
'"",,-..,
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,14 at this shelter, give or take a few percentage 'points?
,22
15
A.
Yes.
16
Q.
So it would be fair to say that over 50 percent of
17 the patrons that you serve at the shelter would likely be
18 abusers of alcohol?
19
A.
That's possible.
20
Q.
And they may also have severe mental illness, some
21 of them?
A.
Some of them.
23
Q.
How do you propose to prevent the use of alcohol by
24 persons who are staying in the shelter? Not while they're in
25 it, but when they're out?
~
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32
1
A.
Well, our task is to provide the types of counseling
~) 13 that are also going to be part of the intervention program
14 operated out of our shelter. So we're going to try to address
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2 services that curren~ly The Salvation Army, who is currently
3 admin~stering our program, our existing program, where we are
4 currently operating a temporary shelter and have been for over
5 a period of 18 months, provides those types of counseling
6 services. So people will stay sober when they are in the
7 program. We do attempt to ensure that we build in some
8 controls. That if a person continues to come back
9 intoxicated, they'll not be allowed to remain in the program.
10 The CHIP organization has an advisory board
11 consisting of a number of social service agencies, including
12 mental health agencies that deal with these kinds of programs,
15 it. I don't know if we're going to be able to solve it, but
16 we're going to try to address it.
17
It's my understanding that this homeless shelter is
Q.
18 phase two of three proposed phases, hopefully.
19
It's actually phase three.
A.
20
My understanding was that phase three was to acquire
Q.
21 a motel or motels in the vicinity here for single-room
22 occupancy?
23
That's ,phase four.
A.
24
Q. I'm sorry. I misunderstood. So that is the final
25
phase that you would intend to try to buy motels in this
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1 neighborhood for that purpose?
2
A.
Some type of facility.
3
Q.
At the hearing on -- before the Board at the last
4 hearing
and I can't quote you exactly. I just happened to
5 be there. I wasn't representing these folks at that time.
6 But my understanding is, or my recollection is, that you were
,
7 asked on more than one occasion ,by the Board what evidence you
8 had with regard to the effect of this homeless shelter on
9 property values surrounding. And you said, I can1t predict;
10 nobOdy can predict. Do you recall that?
11
A.
Yes. I do.
12
Q.
Is that your testimony today?
13
A.
Yes.
14
Q.
The homeless task force that studied this problem in
15 Clearwater recommended an area other than this area for ~he
16 homeless shelter, did it not?
17
A.
No, that's not correct.
18
Q.
,I thought they recommended the North Betty Lane
19 area?
20
A.
No, they did not.
21
Q~
I show you a memorandum to the mayor and the
22 commission, copies to you, from Arthur Deegan, who was then a
23 City Commissioner and the homeless task force chairperson,
o
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1 on page 13 of the report, the language appears, "Site location
2 will be identified as in the vicinity of current similar
3 operations on North Betty Lane." Is that referring to the
4 proposed homeless shelter?
5
What he is ,referring to in this report -- as.I am
A.
6 very intimately familiar with it -- was that at the time this
7 report was completed, the Chip organization had examined a
8 number of locations throughout the city, because I
9 participated in that process, each one of which was
10 videotaped. And at that time we were looking at a facility in
11 the area of North Betty Lane. But we found the facility to be
12 unacceptable.
13
But my question to you was, Did the homeless report
Q.
14 specify the Betty Lane location? And it did. but you've
15 subsequently determined that that didn't work?
16
That was never identified as a p~rmanent site for a
A.
17 proposed homeless shelter.
18
What was meant by that language then?
Q.
19
There was a facility that we were looking at at the
A.
20 time he published that report.
21
This final report?
Q.
22
A.
Yes.
23
Did this final report mention the location currently
Q.
24 proposed at all?
25
I don't recall. I'd have to read it again.
A.
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1
'0 2
3
4
5
MR. JOHNSON: I have no further questions.
MR. JOHNSTON: 'Any cross-examination?
MS. DOUGALL-SIDES: .Yes. sir. I have a few
questions.
CROSS-EXAMINATION
6 BY'MS. DOUGALL-SIDES:
"
.7
Q.
Referring to the winter 1995 homeless survey which
,',
8 Mr. Johnson was having you look at, was the table that you
. "
"
'9 were reviewing entitled, Reason for homelessness, just for
10 individuals?
11
A.
Yes.
12
Q.
And does that, in fact. give "alcohol/substance
. ..,..
13 abuse" as reason No.1?
14
A.
Yes.
15
Q. '
Are there some other tables in the report?
16
A.
Yes. There's a whole bunch.
17
Q.
And referring to a table on page 6 entitled "Reasons
18 for homelessness, families with children," would you read the
19 reason ranked No.1?
20
A.
"Lack of affordable housing."
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Q.
And where does "alcohol/substance abuse" appear on
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23 A.
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25 "Reason
As the sixth ranked.
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And now, referring to another table on page 8 marked
for homelessness, unsheltered individuals," could you
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read the No. 1 reason ranked in that table?
A. IIUnemployment."
Q.
And where does "alcohol/substance abuse" appear on
5
6
9
~:"''''~.lli1l''~$''''\'I~'' "1I_~.""'''''''''cH ",T' "
4 that table?
A.
Eighth in ranking.
Q.
And referring to page 14 of the report, a table
,7 marked "Subpopulations percent of total,1I would you read the
8 percent under the "domestic violence" category?
10
'11
12 ,
13
14
15
A.
, Twenty-three'percent.
Q.
And how about lIaids and related diseases"?
A.
Six percent.
MS. DOUGALL-SIDES: The city would offer this as an
exhibit at this time unless Mr. Johrison
MR. JOHNSON: I have no objection.
MR. JOHNSTON: I'll receive it at this time then as 'J
16 ' City Exhibit 1.
MS. DOUGALL-SIDES: Thank you.
MR. JOHNSTON: I see you had it marked Government's
19 Exhibit 1. That's fine.
MS. DOUGALL-SIDES: Yes, sir. I didn't have any
21 City exhibit labels.
22 (Government's Exhibit No.1 was marked for
23 identification and admitted into evidence.'
MR. JOHNSTON: Any other cross?
MS. DOUGALL-SIDES: Nothing further.
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1
MR. JOHNSTON: Any redirect?
2
MR. JOHNSON: May I redirect?
3
REDIRECT EXAMINATION
4 BY MR. JOHNSON:
5
Q.
Miss Dougall-Sides called your attention to a
6 section'of that table thatts related to homelessness for
7 families. And that the lack of housing was the most frequent.'
8 But' this homeless shelter, as I understand it from all the
9 applications I'Ve read, is focusing on individuals, not on
10 families?
11'
A~
That's correct.
12
MR. JOHNSON: 'Thank you.
13 RECROSS-EXAMINATION
c14 BY MS. DOUGALL-SIDES:
15
Q.
Chief, was there not some provision for a number of
16 beds in the shelter for women and children?
17
A.
Yes, there will be.
18
Q.
And what is that provision? How many beds?
19
A.
I don't know exactly. I don't remember exactly. I
20 think there were to accommodate, I don't know, four to six,'
21 something like that.
22
Q.
Would that be a separate area?
23
A. '
Yes. It would be a segregated area for females and
24 for families.
25
What would be the circumstances under which females
Q.
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1 and families would frequent the shelter? Would it be an
2 emergency shelter for them?
3
A.
Yes. Quite frequently, our police officers,
4 particulaily in the middle of the night, find single females
.,5 and families that need emergency shelter. And that's where
6 we'd do it.
7
Q.
And as part of the emergency shelter~ would the
8 departm~nt then attempt to out-place those folks elsewhere?
9
A.
Yes, we would.
10
Perhaps refer them to other social service agencies?
Q.
11
A.
Correct.
12
MS. DOUGALL-SIDES: Thank you.
13
MR. JOHNSON: I have no further questions.
14
MR. JOHNSTON: Thank you, Chief. You may be
15 excused.
16
MR. JOHNSON: Itd next like to call Dr. Gilbert
17 Jannelli.
18
G I L B E R T
J ANN ELL I
19 WAS CALLED AND AFTER BEING DULY SWORN WAS EXAMINED AND
20 TESTIFIED AS FOLLOWS:
21 DIRECT EXAMINATION
22 BY MR. JOHNSON:
23
Q.
Please state your name.
24
Gilbert G. Jannelli.
A.
25
And your business address?
Q.
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A.
39
909 South Fort Harrison, Clearwater.
Dr. Jannelli, do you own property in the location of
3 the proposed homeless. shelter?
2
Q.
I do.
Would you please identify on the map where you own
6 that property?
4
A.
I own this piece of property here.
Lots?
Seven, eight, nine, and ten inclusive.
Would you describe for the Administrative Law,Judge
11 your commercial real property investment experience?
5
Q.
I'~ ve been investing' in property over the last years.
,--...,
1 13 I-presently hold about 33 parcels of property.
,0
, I
7,
A.
These are commercial real estate properties?
Thirty-two of them are; one is a residential site.
And what is the property that you own near the
17 proposed homeless shelter?
8
Q.
It's a commercial site. A closed restaurant.
Can you describe to the Judge the effect of the
20 current homeless population in the neighborhood on your
9
A.
21 property values?
'22
10
Q.
The current proposed site that'-- first of all, my
23 building was a thriving Shells restaurant approximately six,
12
A.
24 seven years ago. And the Shells relocated their operation.
14
Q.
25 And I leased the building -- the building was vacant for a
15
A.
16
Q.
18
A.
19
'Q.
A.
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1 while. And I leased it out to another tenant who attempted a
2 business there and lost a significant sum of money during that
3 time. The building has been vacant a little over a year now.
4 And I have not had an offer to either buy it or lease it since
5 that time. AS a result of that, my property value has -gone
6 down significantly.
7
Q.
Has' the proposed homeless shelter had an effect on
".
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8 your ability to sell the property?
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9
A.
Yes. I've had th~ee people recently, within the
10 last six months, come and look at the property. And thatts
11 their No. 1 question, What is the effect of one, the soup
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12 kitchen, and! two, the proposed homeless shelter going to be on
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13 this area? And, obviously, how is that going to affect my
14 business?
15
Q.
What -- how does the current homeless population
16 affect your property? What do they do that affects your
17 property?
18
A.
Well, they hang out, they cross the property to get
19 to the soup kitchen. I've had significant calls to the police
20 depa!tment to have people removed from that property. I've
21 written Chief Klein a letter addressing that problem. I have
22 constant urination and defecation on my property. And I will
,
23 say, though, since the bicycle patrol has been in the area,
o
24 things are a little bit better out there.
25
Q.
Currently the soup kitchen serves how many times a
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41
~
1 day?
2
A.
They serve one -- my understanding is they serve one
3 meal a day.
4
Q.
So does that limit the impact on your property to
I . '
5 certain times of day?
6 A. Yes. Its highest impact is in the morning between
c7 8:30, 9, and 12, 12:30, 1 o'clock.
8 Q. In the afternoon?
9 A. In the afternoon.
10 Q. What effect,would having a shelter in the
>(,
;
I,
11 neighborhood have on this impact to you? '
. '/
12
A.
Well, it's my understanding that they will continue
'::=) 1'3 to feed people throughout the 24-hour period. We heard here
.14 that the shelter people are going to be allowed to come and
15 go.' So we foresee a more aggressive problem of people coming
16 to that area. Plus the fact if it's the shelter for upper.
17 Pinellas County, we think that Tarpon Springs and the
18 surrounding communities will bring their alcoholic drunk
19 people '-- as Chief Klein said would be used -- and other
20 homeless shelter people there all hours of the night; So it
21 will be very difficult to run and conduct a business with the
22 property 'adjacent to the homeless shelter.
23
Q.
Can you describe for the Judge physically what
,i;..
;;
24' occurs here with the creek, and your property t and the
25 fencing, and so forth?
42
1
A. The -- my piece of property borders the property
~
.. .... ~
2
owned by the homeless shelter. And there's a very narrow
3 strip of land that comes here with a large ditch. It's
4 actually a culvert that borders the soup kitchen property for
5 the proposed homeless shelter property and my property., The
'6 patrons of the soup kitchen come down Cleveland Street and
7' come down this street. They cross the street, and they walk
8 through my parking lot to get to the soup kitchen. And they
'"
9 exit the same way.
.'~'
10 Q. Is,the~e a fence here?
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11 A. There's a fence that limits the access to the
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12 culvert. But there's no fence between my property and this
.-; 13 little strip of property.
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14
Q.
Would it be possible for a person to go over the
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15 blue property and get to the homeless shelter? Or is there a
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16 big ditch there?
.... .
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;17
A.
They'd have to be a great swimmer and climb a big
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18 wall.
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19
Q.
Have you granted to the homeless shelter proponents
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20 an easement over. your property for them to have asidewallc to
. 21 get to Cleveland Street?
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A.
No. I haven't.
., ,
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23
Q.
Would you?
Q
24
A.
No, I wouldn't.
',- ,
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25
Q.
Are you familiar with an application to put a church
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43
1
on the property located therein the blue?
11 that -- I need my video expert here. See if you can tell us
2
A. Yes, I am.
3
Were'you at the City Commission rneetingwhere the
Q.
4 City Commission considered putting the church on the property
5 that's blue?
6
A.
Yes, I was.
7
What did the City Commission do? Did they approve
Q.
8 it, or disapprove that?
9
They disapproved it 5 to o.
A.
Q.
I would like to show ,you a portion of a videotape
12 whether this is a portion of that hearing.
13
(A 'portion of the videotape was played.)
14 BY MR. JOHNSON:
15
16
Q.
And the vote again, Dr. Jannelli, was what?
A.
'5 to O.
17
MR. JOHNSTON: Excuse me. Are you placing that tape
18 'in evidence?
19'
MR. JOHNSON: Yes.
20,
MR. JOHNSTON: Does the tape itself reflect - - well,.
,21 it reflected on the video that it was the City
,k, . ..... ~~
22 Commission. But when this occurred? What the
23 application was for?
24
MR. JOHNSON: Yes. The whole hearing is on the
25
tape. I'll need to substitute that tape. That's from
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1
the library" and it I S overdue as we speak.
2
. MR. JOHNSTON: Well, at least you're 'not far away.
3
MR. JOHNSON: I'll submit the whole hearing.
4
MR. JOHNSTON: Any objection to that as Appellant's
5 Exhibit 3?
6
MR. WARD: I guess I'm not sure of the relevance.
7'
MR. JOHNSON: I think we get to argue that --
8
MR. JOHNSTON: It will be received. And you all can
9 argue the relevance of it. Inciden~ally, can you just
10
tell me what the date of that meeting was?
11
(Appellant's Exhibit No.3 was marked for
12 identification and admitted into evidence.)
13
MR. WARD: Looked like 12/5/96.
14
MR. JOHNSON: I think it's on the tape. I,didn't
15 pick it up. December 5, 1996. It was after the hearing
16 on the homeless shelter. I have no further questions.
17
MR. JOHNSTON: Any cross?
18
MR. JOHNSON: Oh, I'm ~orry. I would like to
19 introduce through Dr. Jannelli this warranty deed. Is
20 that the deed to the property that you own at this
21 location?
2"2
A.
Yes, it is.
23
MR. JOHNSON: I'd like to introduce that into
24
evidence.
25
MR. JOHNSTON: That's Exhibit 4 for the appellants.
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45
1
And without objection it's received.
2
(Appellant's Exhibit No.4 was marked for..
3
identification and admitted into evidence.)
4
MR. JOHNSON: No further questions.
5
MR. JOHNSTON: Any cross?
6
MR. WARD: Just a couple.
7
CROSS-EXAMINATION
8 BY MR. WARD:
9
Q.
How long have you owned your property there where
10 the vacant -- Dr. Jannelli?
11 A. I believe I bought it back in ' , 80'.
12 Q. This is the deed to that site? Right?
13 A. Yes.
14 Q. You bought it in c' 85?
15 A. '85.
16 Q. And I believe you testified that Shells was there
17 for a period of six years. Then it was vacant awhile. Then
18 another restaurant came in that did not succeed. And now it's
19 vacant again?
20
A.
Correct.
21,
Give me more specifics when Shells was there, and
Q.
22 what happened, because we're dealing with eleven years here.
23 And you got, I think, six years for Shells and a couple years
24 vacant. So we're missing some years.
25
Right. Shells opened up a location in Countryside
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46
1 and also a location in North -- South Redington Beach. And
2 they elected to close this store and concentrate on those two
3 stores.
,4
Q.
Were they there when you bought the property in
5 October of '85?
6
A.
NO. The property was vacant. And I sUbsequently
7 leased it to Shells.
8
Q.
How long was it vacant before you leased it to
About a year.
So they had it from
you bought it in October of
12 '85. They may have leased it in October of '86 or in early
.9 Shel;I.s?
10
A;
11
Q.
:'~) 13' 87?
~
14
A.
I leased it right away, about a month after I bought
So they were there from, would you say, late '85 or
17 early '86 through
15' it.
16
Q.
Through '91, '92.
You own any other properties in that vicinity? Of
20 your 32 commercial properties, are any.of them
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18
A.
19.
'Q.
21
A.
22
Q.
23
A.
24
25
I own other property in downtown Clearwater.
But not right there. in that vicinity?
Not there in that vicinity, no.
MR. WARD: I have no further questions.
MR. JOHNSTON: Anything from the City?
'.1- ~
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1
REDIRECT EXAMINATION
.~
2 MS. DOUGALL-SIDES:
3
Dr. Jannelli, what is the street address of the
Q.
4 property we're talking about?
5
1343 Cleveland.
A.
47
6
Q.
And you mentioned that Shells had been there from
7 approximately '85 to '91; is that correct?
,
"
8
Mrn - hmrn .
A.
9
Is it correct that the property has not been'
Q.
10 occupationally licensed since 1991 in terms of a City
11 occupational license?
12
A.
Well, I leased it to a tenant, Funky J's Restaurant.
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13 They were there for a year, year and a few months.
, .
" .
.'
'14 Q. When was that?
15 A. That was in -- from '95 to early t 96.
16 Q. Are you aware --
17 A. '94 to '95. Excuse me. The tenant is here.
18 Q. Are you aware of whether they obtained an
19 occupational license from the City for that operation?
20 A. I don't know. I'm not aware of - - I was the
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21 landlord.
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22
Q.
Did you as the owner of the property ever petition
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23 the County Property Appraiser to lower your appraisal or tax
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: '
24 Assessments on the property?
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25
Yes, I did.
A.
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48
1 Q. And when was' that?
2 A. This past year.
3 Q. 1996?
4 A. 1996.
5 Q. And what was the result of that?
6 A. , That petition was' denied.
7 MS. DOUGALL-SIDES: I have nothing further.
8 MR. JOHNSON: No further questions. Next I'd like
9 to call Mr. Jonas Brummett.
10
JON A S
B RUM MET T
11 WAS CALLED AND AFTER BEING DULY SWORN WAS EXAMINED AND
12 TESTIFIED AS FOLLOWS:
13
DIRECT EXAMINATION
14 BY MR~ JOHNSON:
15 Q. Please state your name.
16 A. Jonas O. Brummett.
c17 Q. And your business address?
18 A. 1343 Cleveland street.
19 , Q. Do you own property c in the vicinity of the proposed
20 homeless shelter?
21..
A.
Yes.
22
Would you, please point to it on the map. I hope we
Q.
23 haven't misled you here. Is the Idle Spur right next to your
'24 property?
25
Yes, sir.
A.
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Q.
49
And this is the Idle Spur?
Okay. It's right here.
(Indicating. )
2
A.
3
MR. JOHNSTON: Could you back off, so I could see.
4 BY MR. JOHNSON:
5
Q.
Did you -- what business occupies ,that property?
It's a self-service car wash business.
Were you also involved with Funky JS?
Yes. I was the owner.
And that was -- you rented from Dr. Jannelli?
That is correct.
Could you please describe the effect of the current
12 homeless population in that neighborhood on your businesses?
'13
6
A.
Both businesses?
Yes.
Well, it had on adverse effect on both businesses.
16 I'll start with the restaurant. This was one of the reasons
7
Q.
17 we decided to take a loss and close the restaurant because of
8
A.
18 difficulties we had in the demographics of the restaurant. We
9
Q.
19 had many of the patrons,of the soup kitchen stop by, go
10
A.
20 through the property, panhandle from our customers, sitting on
11
Q.
21 the property. Once again, urinating, defecating. We really
A.
14
Q.
22 had a problem. We had to make a hard decision of what to do.
15
A.
23 We had a 150,OOO-plus investment in renovating this restaurant
24 and in opening it. And in looking at the amount of police
25 calls that we had to make, the complaints that we had from the
'" ' . :
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50
~
,~ ^
1 customers, people were concerned about coming into that area.
2 And we decided to take our losses at that time. We did stay
,3 open for one full year to see if maybe we couldn't try to
4 resurrect the attitude towards that area. And decided at that
5 point in time, we would close it.
6
Q.
What about the self-service car wash?
"
7
A.
Well, that continues to have an effect on us over
8 there. My partner has -- I've been involved for a little over
9 three years with the business. My partner has been there for
10 twenty years and has determined the difference. We have
11 panhandling there on a daily basis, continuously. ' We've had
12 burglaries into our equipment. And we have filed reports, and
~~, 13 we have prosecuted, and found out they were patrons of that
'14 facility there. We have, continuously, prostitution because
15 people have no money. I've had my customers come up and tell
! c
i
16 me that they've been offered prostitution for $10, so they can
17 get any kind of funds because they're in need.
18
It's really had an impact on us. We've checked our
19 records for the past three years, and our records indicate --
20 and we keep very accurate records on this
that we've had a
21 20 percent loss continuously now in the last three years
I
I .
22 because of the activity in the area. Women are afraid to
23 vacuum their cars, wash their cars. They've been approached
o
24 by people. People have been threatened. We've had when
25 people are asked would they at least give them a quarter or
" '}
'1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
,19
20
21
22
23
24
25
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51
fifty cents to help them in need, when they are refused, at
that time they are cursed out, sworn at. And the people are
just very scared. They know the people have needs. And
sometimes they try to help, but it's to no avail. When the
people are lucky and get a strike and get some money fr,om a
customer. it gives them the encouragement to come back then
and hit another one. And they have found that to be an easy
target, for our business. And we have suffered because of
that. I've literally watched them take from the customers, go
across the street, which used to be a Pick Kwik, which is now
a privately-owned convenience store. And they buy their quart
of beer, unscrew the cap on it in their brown bag, walk
across, and invariably, we'll get that bottle thrown on our
property.
Q. SO you have personally witnessed these patrons
purchasing alcohol in the neighborhood?
A. Yes. When I've been on my own property, in the back
of the property, they don't realize that I'm the proprietor.
So they come up to panhandle from me and to offer me
prostitution.
MR. JOHNSON: I have no further questions.
MR. JOHNSTON: Any cross?
MR. ,WARD: Yes.
CROSS-EXAMINATION
BY MR. WARD:
52
,"') ,
1
Q.
If I'm correct, you did appear and testify at the
2 Planning and Zoning Board hearing?
3
A.
I did.
4
REDIRECT EXAMINATION
5 BY MS. DOUGALL-SIDES:
6
Q.
Mr. Brummett, you are the owner of -- is it Classy
7 Car Wash?
8
A.
I'm a partner, that's correct.
f,>
"
9
Q.
A partner in the business?
~, '
10
A.
Mm-hmrn.
11
Q.
What is the street address of that?
12
A.
1343 Cleveland,
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)
13
Q.
,
1343?
14
A.
1365. I'm sorry. That's my restaurant; 1343 ,was
15 the restaurant. 1365.
l" . >
16
Q.
And do you recall whether that Classy Car Wash is
17 currently occupationally licensed thorough the City of
18 Clearwater?
.' '
19
A,
Oh, sure.
1,
20
Q.
DO you have a current license?
21'
A.
Yes. And by'the way, we also had one for the
22 restaurant, also. Otherwise, I could have never been issued a
23 liquor license.
I
I
'!
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~'
24 MS. DOUGALL-SIDES: Nothing further.
25 MR. JOHNSON: Thank you.
, , .
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53
MR. JOHNSTON: Just one question.
RECROSS-EXAMINATION
,C C
3 MR. JOHNSTON:
4
Q.
You referred to losses of 20 percent a year for two
5 years running?
6
A.
7
Q.
~:" '
\'"
The past three years.
The past three years? What were' you referring to
8 when you said Ita 20 percent loss"?
9 A. 'Of our gross sales. '
10 cQ. Gross sales?
11 A. Gross revenue. yes.
12 MR. JOHNSTON: All right. Thank you.
.'
13 MR. JOHNSON: Clark Hubbard.
,
14 C L ARK HUB B A R D
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15 WAS CALLED AND APTER BEING DULY SWORN WAS EXAMINED AND
16 TESTIFIED AS FOLLOWS:
17 DIRECT EXAMINATION
18 BY MR. JOHNSON:
'. .'
19 Q.
20 A.
, 21 Q.
22 A.
23 Q.
24 A.
25 The red
:"""'~
V
Please state your name.
Clark Hubbard.
And what is your business address?
1351 Cleveland Street.
Could you point on the map to that location?
Well, they don't have a circle on the cul-de-sac.
property here; it's lots 6, 5, 15, and 16.
. .' ~ , ~ ... L. f . ", :.. .: r: ".: -' _ '. ,'" , .0' ,I". . ... . . L
54
1
Q.
What is that business?
~
( 2
'A.
That is the Idle Spur Saloon, Clark Spur
3 Incorporated.
4
Q.
How long has that been a saloon?
5
A.
1949.
6
Q.
And, you've owned it for how long?
7
A.
Fourteen years.
8
Q.
Can you describe to the Judge some of the various
\,
9 paths that the current patrons of the soup kitchen take to get
10 to th~ soup kitchen?' Not just your property, but, if you
, ,
11 know, on other properties?
12
A.
Dr. Jannelli's property, down my driveway -- because
/) 13 the bus stop is also in front of my -- down my driveway, which
14 is on the west side of the building, and Dr. Jannelli's
15 property. The bus stop is directly in front of our property,
,
16 so they let off there. And then down some of the various
17 streets of that neighborhood area.
18
Q.
You may have a seat. What has been your experience
19 at your business with the current patrons of the soup kitchen?
20
A.
~ell, I have the problems of the panhandling in my
21 parking lot when the customers pull in. And then I also have
22 had problems -- the soup kitchen leaves, I would say I get on
23 the average of 30 to 50 a day down my driveway. I've tried
o
24 various temporary fences and stuff to get them to ,go around;
25 it doesn't work. And fights break out in the parking lot. If
("1
, "
i.. '.
55
1 a customer has just pulled in, they may leave. The police
2 stop a lot of the people in my parking lot, and either arrest
3' them or they've got problems with them. But panhandling,
4 sleeping, you know, all the various things.
5
cQ.
Does your bar do they patronize your bar? .
6'
A.
Yes, I get some. I try and weed out the ones
7
Q.
Are you aware of whether they buy alcohol elsewhere
8 in the neighborhood?
9'
A.
Ye~. They -- well. between Listerine and the
10 twist-off quart beer bottles' across the street at the Pick
11 Kwik.
12
Q.
Could you refer again to the map, and could you look
.,.--.."\
, ) 13 'at .the red-colored blocks on the map, and could you tell me
'"
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.'
,
14 whether each of those locations, to your own personal
15 knowledge, sells alcohol?
16
A.
Yes. All of them do. I don't know about the
17 Skipper's up there. But the other various ones do, yes. And
18 Hunter's is out of business now, so they don't.
19
Q.
Is there a bus stop near your property?
20
A.
Directly to the east corner. Maybe'50 feet, 30
21 feet.'
22
Q.
What is the effect of this current patronage of the
23 soup kitchen on that bus stop, and the public's ability to use
24 it?
25
A.
My prOblems are, I do have retired people that work
. . ."~' , . '. ',' '. ' ..: '. 4" ~'.
"
56
C)
1 on Island Estates, some of the security guards, and other
2 customers who use that bus to get to and from my business.
3 Especially at that time in the morning, because they're just
4 getting off work. They work the graveyard shift. And those
5 people accost them at the bus stop with twist-off bottles.
6 Customers ~- the soup kitchen unloads there, too. So they
7 unload there and go to my -- to the soup kitchen. They also
11 don't want to
I've called the, police several times. I
'8 unload there and cut through my business, or whatever. But my
9 patrons, a lot of them, when they leave go up to the next bus
, ,
10 stop up on GUlf-to-Bay to catch the bus because they just
12 think we need to remove the bench, because they're passed out
'2)
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, ,
13 on it sometimes, or just accosting the customers.
14
Q.
Does it make it difficult or inconvenient for the
"
15 customers to use that bus stop?
16
A.
Sure it does. We're trying to get this bench
17 removed.
18
MR. JOHNSON: I have no further questions.
..-:
19,
MR. WARD: I don't have any questions.
20 CROSS-EXAMINATION
21 BY MS. DOUGALL-SIDES:
22
Q.
Mr. Hubbard, you experience, do you not, a certain
23 number of pOlice calls to your property?
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24
A.
Yes. I do.
25
Q.
And I believe you testified -- are you the property
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1 owner or tenant?
2
A.
I'm the owner and operator.
3
Q.
Owner and operator. And what is the street address
4 of the Idle Spur?
5,
A.
1351 Cleveland.
6
Q.
You do not have on-site security for all of your
7 hours of operation: is that correct?
8
A.
I have a camera inside, an alarm inside. But those
9 are mostly for after hours. The camera does go during
,
10 b~siness hours.
11
Q.
You do not retain a person, a security guard, to
12 patrol your property?
13
A.
No, I do not.
14
Q.
So it would be fair to say that you rely mainly on
15 the police for law enforcement on the premises?
16
A.
That's in extreme cases. We try to handle most
17 problems ourselves. But if there's any hint of bOdily harm to
18 either my employees or customers, they are instructed to call
19 the police.
20,
'\
Q.
And how would you describe your customers
21 socioeconomically? Are they an upscale group?
22
A.
Four years ago? Or now?
23
Q.
currently.
24
currently. I'm somewhere between very few
A.
25 white-collar anYmore, blue-collar mostly. Then I have the
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1 labor force. And'then I have the soup kitchen. So my
2 clientele over the last four years has changed. Almost 50
3 percent of them have changed to that.
4
Q.
And you said some of your customers are the soup
5 kitchen folks?
6
A.
Yes. As far as I know, if they're not drunk or
7 don't showcoutwardly signs of harming someone, I don't think
8 I'm'supposed to deny them drinking there.
9
MS. DOUGALL-SIDES: Nothing further.
10
REDIRECT EXAMINATION
11 BY MR. JOHNSON:
12
Mr. Hubbard, what effect
, Q.
if this homeless shelter
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14 your business, and your business? How would your business
15 chang~?
16
A.
The business might do okay. The property will go
17 down. The property values will go down. My, business has done
18 about the same. But I've gotten more problems. And Ifve
-
19 with the socioeconomic change in my clientele, a drastic
20 Change.
21
MR. JOHNSON: Thank you.
22
MR. JOHNSTON: Why don't we take a 5~minute recess
23 before your next witness.
24
(A brief recess was taken.)
25
MR. JOHNSTON: The hearing will return to order.
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59
YoU may call your next witness.
MR. JOHNSON: My last witness is Pat Wilson.
PAT
W I L SON
4 WAS CALLED AND AFTER BEING DULY SWORN WAS EXAMINED AND
Q.
Please state your name.
5 TESTIFIED AS FOLLOWS:'
6 DIRECT EXAMINATION
7 BY MR. JOHNSON:
14 (Indicating.~
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A.
My name is Pat A. Wilson.
Q.
What is your res'idence address?
A.
1326 Pierce Street, Apartment 2.
Q.
Would you please point on the map where you reside.
A.
This property right here on the corner.
Q.
And what is that property?
A.,
It's a four-unit apartment building.
Q.
Do you own it?
, A.
I do. I also live there.
Q.
And do you have tenants?
A . I do.
Q. Could you please describe for the Judge the means by
which you can observe the current patrons of the soup kitchen
access the soup kitchen through your neighborhood?
A.
Would you like me to point it out on the map?
Q.
Sure.
" ,......,... .......... .
60
Q
1
A.
I'm in this building here. And all this is vacant,
2 except ,for a building right here. So I have a clear view.
3 This is where, the proposed homeless shelter would be, and this
4 is where the soup kitchen is now. From my property, I can see
5 Dr. Jannelli's property. I can see the back of the IdLe Spur
6 Saloon. I can see this way down Pierce, because I'm on a
17 corner. These are vacant lots over here. I can see
8 everything that filters in. I see heavy foot traffic starting
,
, .
9 atcdaybreak or'before, when it's still blac~ out. They're out
10 with their backpacks and their bags and stuff. And they're
11 filtering through every piece of property that's around there,
1.2 including over fences. I've personally observed them. They
:,~ 13 come from all directions. They come through the business
14 area. They come through the residential area.
15
Q.
Would 'you please have a seat. Would you please
16 describe the effect that this has had on you and on your
17 property?
18
A.
Yes. Of course, the tenants that I have have
19 expressed concern. And the tenants that I have now, they have
20 changed. And the tenants that I have now are tenants who are
21 not afraid to bOdily put people off my property. I don't have
22 any single women tenants anYmore. Because this has all
23 affected 'everything. I have men there who -- we don't call
~
24 the police, if we can resolve the problem ourselves.
25
Q.
What types of things do you see these persons doing
'"
61
.~
1 in your neighborhood?
2
A.
I have observed as many as seven an hour urinating
3 on a soup kitchen wall in one hour in broad daylight. I
4 counted them. I have seen as many as seven and eight a night
5 sleeping on that vacant lot. They have -- I've had to .put up
6 a fence and go for a variance, which cost me money for the
7 fence and,the variance, to keep them off my back yard. They
8 were sleeping on a patio table I have, under it j;f it was
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9 raining. I still have to run them out of a breezeway I have.
10 They've defecated on my property and urinated on my property.
11 I have observed this personally. And they filter through,
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12 they wander through the entire neighborhood.
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18 called the police, because sometimes I was able to run them
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23 Because they're pushing a cart full of stuff, and they're
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25
Q.
What effect would the proposed homeless shelter have
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1 on your property. which is not only where you live, but is an
2 investment?
3
A.
It's less than 100 feet. My property is less than a
4 hundred feet from that property. There is no visual barrier.
5 And, of course, when people are brought in, and they're all
6 tanked up, or whatever, I'm sure the audio portion would be
7 quite vocal. And I'm sure what kind of language that would be
8 used, cand all this stuff, at what hours, whatever hours of the
, 9' night they would do this. So, I believe, it would have a
10
negative impact on the stability of my rental units, and my \
property market values, and certainly the desirability and thJ
11
I
12 attractiveness of the neighborhood in general.
13 By their own count, they serve a hundred and
14 eighty-five a day, seven days a week. When you have a hundred
15 and eighty-five people walking through anyone neighborhood,
16 that's a lot. They are coming from north, south, east, and
17 west. That presents quite a heavy impact on any neighborhood.
18
MR. JOHNSON: I have no further questions.
19
MR. WARD:. No questions.
20 CROSS-EXAMINATION
21 BY MS. DOUGALL-SIDES:
22
Q.
Miss Wilson, when did you purchase your property?
23
A.
Twenty-six months ago, with no knowledge that the
. 24 soup kitchen was there.
25
Q.
So that would have been in?
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A.
December of '94.
:2
Q.
December of '94. All right.
3
MS. DOUGALL-SIDES: Nothing further.
4
MR. JOHNSON: Thank you.
5
MR. JOHNSTON: Thank you. You may be excused.
6
MR. JOHNSON: I have no more witnesses. But some
7 'additional things,' I would like to place into evidence.
8
The first is an affidavit from Raim Tzekas, who is the
9
president of Jami Al Salam, Inc. which owns the property
10 in blue. And the affidavit states that that company owns
11 the property. And that there has been no access easement
12 that's been granted over that property to this applicant
13 for access. You've already heard from Dr. Jannelli that
14 he's not granted any access either.
15
MR. JOHNSTON: Without objection, it's received as
16 Appellant's Exhibit 5.
17 (Appellant's Exhibit No.5 was marked for
18 identification and admitted into evidence.)
19
MR. JOHNSON: The next item is a quitclaim deed to
20 a copy of a quitclaim deed -- into Jami Al Salam,
21 Inc., which shows the same legal description that is in
22 the affidavit. And I don't know whether you read legal
23 descriptions, but you'll see if you look at the deed into
24
the St. Vincent DePaul, which is part of the record which
25 has already been submitted, and you look at the deed for
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. 64
this blue property, and you look at the deed for the
Jannelli property, and you look at the site plan for the
shelter, you will see that the shelter's property comes
to a point here at the right-of-way for Cleveland Street.
And that unless they had an access easement over .
somebody's property, they couldn't use it for access.
Last two items are
MR. JOHNSTON: Just a minute. The deed then is
Appellant's Exhibit 6, and it's received without
objection.
MR. WARD: Okay.
(Appellant's Exhibit No.6 was marked for
identification and admitted into evidence.)
MR. JOHNSON: The next item is an article that
appeared in the Wall Street Journal, November 13, 1996,
relating to the effects of various things on property
values. One of the items cited is a 20 percent reduction
in values surrounding properties near homeless shelters.
'And the last is an article
MR. JOHNSTON: Just a minute. That's No.7. And I
understand no Objection. It's received.
(Appellant's Exhibit No.7 was marked for
identification and admitted into evidence.)
MR. JOHNSON: Last is an article that appeared in
the St. Petersburg Times subsequent to the hearing in
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this matter, where the then head of the police union is
2 quoted as saying that this proposal would be a magnet,
3
basically, to attract homeless persons to this
4
neighborhood.
5
MR. JOHNSTON: It's also received without obj,ection
6 as Appellant's Exhibit 8.
'7 (Appellant's Exhibit No.8 was marked for
8
identification and admitted into evidence.)
9'
MR. JOHNSON: That concludes our presentation.
10
MR. JOHNSTON: What newspaper did you say?
11
MR. JOHNSON: St. Petersburg Times.
1~
MR. JOHNSTON: And the date?
13'
MR. JOHNSON: I'm sorry. I clipped off the date,
14 but it appeared shortly after the hearing of November
15 1996.
16
MR. JOHNSTON: Which of the appellees is going to
17 present their case first?
18
MR. WARD: I'm going to call some witnesses, first.
19
MR. JOHNSTON: All right.
20
MR. WARD: Mary Lou Guthart.
21
MARY, LOU
GUT H ART
22 WAS ~ALLED AND AFTER BEING DULY SWORN WAS EXAMINED AND
23 TESTIFIED AS FOLLOWS:
24 '
DIRECT EXAMINATION ;
25 BY MR. WARD:
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66
1
Q.
Mary Lou, will you tell the group what your
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12 and orange properties intersect at Cleveland Street. It's my
.~) 13 understanding that the Planning and Zoning Board, when they
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2 caffiliation is with the homeless shelter and the soup kitchen.
3
A.
I am the executive director and president of the St.
I,
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4 vincent DePaul soup kitchen for the past 5 years. I am the
5 secretary of the board of directors for the new shelter.
6
. Q.
Mr. Johnson was referring to the properties on the
7 map behind you, Mary Lou. The orange properties indicating
8 the properties currently owned by the St. Vincent DePaul, as
9 well as the yellow properties I understand is where the soup
10 kitchen is also owned by St. Vincent DePaul. And we talked
11 about this little point' up there in the corner where the blue
14 granted the conditional use, made one of the conditions that
15 there would be a sidewalk that went to Cleveland Street on
16 your property?
17
Right.
A.
18
And it's my understanding you are aware that there
Q.
19 is an intersection there at Cleveland Street where you don't
20 own enough'property to have a sidewalk?
21
Right.
A.
22
Q.
That's correct?
23
That's right.
A.
24
And what have you done about that?
Q.
A.
Well, one of the men from the soup kitchen, who
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67
1 purchased the property for us from the same man that owns this
2 blue property, he has dealt with a lawyer for that gentleman
3 to see if we could get an easement from him. And the lawyer
4 told him that he could foresee no problem in getting it. And
5 that is the last that I've heard of it.
6
Q.
And you currently do not have an easement, but you
7 don't foresee a problem in getting it?
8
A.
That's what their lawyer told him, yes.
9
Q.
The hours of the soup kitchen presently are what?
10 When is it open?
11
A.
We open at six o'clock for the volunteers to come in
12 to start preparing the food. We usually open the doors at
. . ,"""""\
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o
14 doughnuts. We serve our meal between nine-thirty and eleven.
15 And then the door is locked to the clients except on Mondays,
16 Wednesdays, and Fridays when they may take showers and do
17 their laundry there.
18
What time of day is that?
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19
They start about ten-thirty in the morning. And it
A.
,
20, goes until about twelve-thirty. So the bathrooms are
21 available Monday, Wednesday, and Friday until twelve-thirty,
22 but the rest of the week only until' eleven. From six a.m. to
23 eleven a.m. the bathrooms are available.
24
So that's five hours out of a day. And so the other
Q.
25 nineteen hours the bathrooms are not available there?
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68
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A. There are no pUblic bathrooms in the area available
2
for the clients at all.
3
Q.
,You're secretary of the homeless task force?
4
A.
I am.
5
Q.
You're familia~ with the shelter and its oper.ation.
6 And what would the bathroom situation be there for these
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7 people?
8
A.
Well, there, are bathrooms there that would be
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9 available for them during the day.
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10 Q. And the evening?
11 , A. Yes, certainly.
12 Q. SO this should, iri your opinion, alleviate
13" A. A lot of the problems.
14 Q. -- some of the problems the neighbors are having
15 with urinating and defecating outside the bathroom?
16
A.
That's right.
17 .
MR. WARD: I have no further questions.
18
MR. JOHNSON: I have no questions.
19
MR. JOHNSTON: Anything from the City?
20
MS. DOUGALL-SIDES: No.
21
MR. JOHNSTON: Thank you. You may be excused;
22
MR WARD: I'd like to call Mr. Ed Brandt.
23
E D
BRA N D T
;:' ,:)
24 WAS CALLED AND AFTER BEING DULY SWORN WAS EXAMINED AND
25 TESTIFIED AS FOLLOWS:
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69
DIRECT EXAMINATION
2 BY MR. WARD:
3
Q.
All right. Mr. Brandt, what do you do for an
I'm the director of the Salvation Army's homeless
6 intervention program here in Clearwater.
4 occupation?
5
A.
And where does that presently operate?
We have two locations. 14-A North Fort Harrison is
'9 a day office. And 900 Pierce Street is a temporary shelter.
10
7
Q.
And if this shelter we're talking about is built,
11 you would be involved in the operation of that shelter?
12
13
14
15
16 .
8
A.
Correct.
How long have you been in this line of work?
Here in Clearwater for about three and a half years.
And prior?
And in Lexington, Kentucky, about a year and a half.
And you've been running the shelter at pierce Street
18 for 18 months or --
Q.
A.
Q.
A.
Q.
A.
17
Q.
We've been in that location just since Mayor June,
20 but we were --
19
A.
Previously?
Right. But total location is 18 months. I mean,
23 the total shelter is 18 months.
21
Q.
Can you share for the Hearing Officer some of your
25 experience as to what the shelter and the programs will do for
22
A.
24
Q.
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70
1
these homeless people, with some vision?
2
A. The way we run the homeless intervention program is
3 'a different concept than most shelters that you hear about
4 across the nation. We're known as a case-managed shelter. In
5 other words, we're not a flophouse. Anybody that comes into
6 the shelter, has to meet with the case manager as soon as they
7 enter into the shelter. We find out the underlying
B circumstances of why the individual is using this facility,
9 what they're planning in the next day. And then, usually, we
10 try to go with, What are you planning then the next week?
11 Anyone that joins our program, has to either be working to get
12 into some sort of rehabilitation program, or get a job. Once
13 they have a job, they can stay in the shelter until they save
14 up enough money to purchase their own apartment or share an
15C apartment with somebody else.
16 The programs, both at the day center and at the
17 shelter. we've had no problems where an individual is
18 concerned about loitering, hanging around, just killing the
19 time. They know that the shelter and the day program is there
20 for a reason. And for them to be there, they have to utilize
21 it for that reason. And it puts responsibility on the
22 individual to learn how to enter themselves back into society.
23 '
Q.
And if they don I t follow the rules. ,they are not
24 entitled to use the facility?
A.
That's correct.
25
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22
23
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25
71
Q. You've heard a lot of the neighbors express concern
today that there's an existing 'population of homeless in this
neighborhood that's affecting their property values and their
lifestyles. In your professional opinion, do you feel that
the existence of the shelter and the intervention progr.am that
you're proposing to operate there will help with their
existing problems?
A. Yes, I do. It's going to be under the same
principle as what we are operating right now. And we don't
have individuals just hanging around at the two locations we
run now. Because they know if they're just hanging around not
doing anything, they're going to end up not having any food,
not a place to shower, not a place to do things. They have to
enter into the program.
Therefore, it should, you know, it should alleviate
some of the problems in the neighborhood. It should help the
individuals that are just coming out to the soup kitchen just
for the food to learn that Hey, there is someplace else that I
can go ahead and somebody can care. Somebody can go ahead and
help me sit down and work on a budget even. Not everybody
that goes to the soup kitchen is unemployed. Some of them
just don't know how to control their money.
Q. Sure. Are you familiar with the physical layout of
how the proposed shelter is to be constructed for ingress and
egress and where people would come in, and so forth?
, ,
72
1 A. P:t;"etty much, yes.
.~
because
2 Q. If I were to ask you, looking at this map - -
: "
3 I think it was Miss Wilson who expressed concern that where
4 her property is here, 'people coming into the shelter all hours
, ,
5 of the, day and night. and noise level, and so forth would
"
, : '
6 interfere. It's my understanding that the shelter is going to
.;. .
'7 go here, and the main entrance to the shelter would be where?
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8 ,North facing Cleveland?
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9
A.
It's'north facing Cleveland. But it's going to be
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10 more like you'd come straight off of Park Street.
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11 , Q.
12 A.
13 Q.
14 fr,om the
15 A.
16
So it's going to be at the northeast corner?
Right.
, "
So it's oriented more toward the commercial and away
.;/
residential property?
'Correct.
MR. WARD: I have no further questions.
17
MR. JOHNSON: I have no questions.
18
MS. DOUGALL-SIDES: No questions.
19
MR. JOHNSTON: All right. Thank you.
20
MR. WARD: And I just have a few questions for Chief
, 21 Klein.
22 DIRECT EXAMINATION
23 BY MR. WARD:
:\,
........,.,
24
Q.
You've already been sworn. So we'll just start
25 right back in with you. When Mr. Johnson was asking you
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73
1 questions earlier regarding the shelter and its operation and
2 the average length of stay, and so forth, I believe, if my
3 memory is correct, you indicated that you thought the program
4 was set up to have a maximum stay of eight days. But the
5 average would depend on, you know, what worked out. If I were
,6, to refer you to the, you know, the project report that was
7 printed on April 17th, 1996, which it indicates that the
8 average stay is projected at eight days, not the maximum stay,
9 would that change your --
10
A.
Yes, that's correct.
11,
So your understanding is now the representation is
, Q.
12 that the average stay would be eight days. It could be more
13 or less depending on the need?
14
Yes. And we really won't know that until we build
ft.,.
15 that shelter.
16
Also, you've heard a lot of comment regarding
Q.
17 neighbors concerning property values. And it's my
18 understanding between the October hearing and the November
19 5th, hearing that the planning and Zoning Board instructed the
20 Planning Director to obtain some more information regarding
21 property values. And that you, in your office, assisted in
22 providing some information that you obtained from the county
23 property appraiser's?
24
A.
Yes.
25
And I'm' going to refer you to -- this is part of Mr
Q.
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74
,~
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1 Shuford's report that went to the -- what I'm referring to is
2 a report that Mr. Shuford gave to the Planning and Zoning
'."c.
3 Board on November 5th.
. '
4
MR. WARD: And Mr. Johnston, we just want to clarify
5 and make sure this is in your record. It's entitled
. . 6 "Response to the Planning and Zoning Board," concerning
"
7 issues raised on the CHIP and registered shelter project.
8 And it's my understanding it was presented at the
9 November 5th, hearing.
10
MR. JOHNSTON: I don't see it. There's reference
11 made to it in the minutes, but I don't see the report
12 itself.
13
MR. WARD: Let me introduce it if I can, and then
.
14 take it back from you to ask some questions.
15
MR. JOHNSTON: So this would be Appellee's Exhibit
16 1. Let's call it Applicant's Exhibit 1.
17 BY MR. WARD:
18
Q.
Rather than me restating this, if 'you can refer to
19 what it says there on the bottom of the first page and the top
20 of the second page regarding property values and what was done
, I
21 there?
22
A.
Yes, sir. AS requested by the Board, this was the
23 information that, I believe, Mr. Shuford presented in his
\..)
24 second presentation to the Board regarding property value
25 impact. And it's stated as follows: Information developed by
....;.j...~...,~:\.., .:........ :':;~ . I :. ". .' '.
75
, '
".,.
,..)
1 the Pinellas County Property Appraiser's office regarding the
2 5-year property evaluation history in the area within 1000
3 feet of the sUbject property was reviewed. One specific case,
4 the Funky J's restaurant showed a range of values. As the
5 restaurant opened in a former Shells restaurant that had been
6 vacant for many years and closed. This study of all
7 properties within 1000 feet of the site indicates no specific
C 8 trend analysis. Of the 287 properties in this area, the
9 property values changed as follows for the period from 1992:
10 35 stayed the same, 141 increased in, property value, 111
11 decreased in. property value.
12 MR WARD: I have no further 'questions.
.13 MR. JOHNSTON: Are you moving that as an exhibit?
14 MR. WARD: Yes.
15 MR. JOHNSTON: And it's received.
16 (Applicant's Exhibit No.1 was marked for
17 identification and admitted into evidence.)
18 BY MR. WARD:
19 Q. Well, let me -- you've also heard testimony by the
20 neighbors concerning crime and loitering and other problems.
21 And I think Mr. Johnson touched on this with you a little bit.
22 There's an existing situation there. The soup kitchen is
23 there. There are people there who may use the soup kitchen
24 and may not. What do you see, in your opinion, will happen
25 with the addition of a shelter with a substation there with
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76
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1 respect to the problem the neighbors are currently
2 experiencing regarding loitering and these other things they
3 have expressed?
4
A.
Our objective from the start in proposing this is
5 that the problem is there. It's not going to go away unless
6 ~omething changes in that neighborhood. And we see the
1;.
,
7 shelter as a possible solution to that to clean up the
8 problems in the neighborhood.
, "
9
MR. WARD: No further questions.
10
MS. DOUGALL-SIDES: I have a few questions.
11
MR. JOHNSTON: Go ahead.
12
CROSS-EXAMINATION
) , 13 BY MS. DOUGALL-SIDES:
14
Q.
Chief Klein, what. if any, neighborhood meetings did
15 you hold in connection with this project?
16 A. We've held several neighborhood meetings at the soup
17 kitchen. We went door to door with flyers inviting all the
18 residents and businesses to attend and express any concerns.
.,' . 19 I believe we had either two or three meetings preceding the
20 hearings.
, ,
,
, . 21 Q. Were the meetings immediately preceding the
22 hearings?
23
A.
Yes. Well, they were spaced out. I don't remember
, j:,,:i~
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24 the exact periods of time. But we did have one pretty close
25 to the last hearing.,
....
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77
~
....,
~
1 Q. Now, have you applied for any grant ~unding for the
2 shelter and substation project?
3 A. Yes. The staffing of the substation itself has been
4 obtained as the result of a federal giant from the United
5 States Department of Justice. That grant has already been
6 awarded providing the staffing for a three-year period for the
7 officers assigned to that substation. Additionally, the City
8 of Clearwater, through its community development block grant
9 process, has awarded a grant to the CHIP organization in the
10. amount of $225,000. As well as Pinellas County, because of
11 its comprehensive plan to build a shelter in north county.
12 also has pledged, through the county commission -- it's
13 already been approved -~ an equal contribution of $225,000.
14 And we have also received a donation from St. Vincent DePaul.
15 in the amount of $100,000. And there is additional private
16 funding forthcoming.
17 Q. What, if any, time constraints exist on any of the
18 funding that you've mentioned you've alrea9Y received?
19 A. The federal funding for the staffing has already
20 been awarded. The funding from the City of Clearwater and
21 from Pinellas County is on a year-to-year cycle. We're in the
22 process now. because of the appeal, to ensure that that is
23 hopefully carried over into the next funding cycle, so the
24 funding will remain.
25 Q. But there are some time limits on when you would
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78
1 begin construction of the facility?
2
We propose that it would take about nine months to a
A.
3 year to build it.
4
Now, was any of the funding for the shelter itself
Q.
5 contingent upon the provision of the police substation?
6
Yes. The federal funding was awarded based on the
A.
7 fact that we would build or establish a community policing
:8C team in that area.
9
And what, if anything, would occur regarding the
Q.
10 grant funding if the substation were not installed?
11
I don't think the federal government is going to
A.
12 take the grant back. We just simply will not have a base of
) 13 operation in that neighborhood.
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14
Now, are you familiar with the term "open pallet
Q.
15 policy"?
16
A.
NO.
17
Well. what, if any, requirements will be placed upon
Q.
18 the shelter participants in regard to participating in social
,19 programs or other programs?
20
The intervention program, as Mr. Brandt described,
A.
21 will require that when they come to the soup kitchen for the
22 purpose of obtaining food, they must register. That
23 registrat~on process is already in place and has been for
24 about a year. If they are able to prove proof of residency,
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79
1 eat with no requirement to enter into the intervention
')
,.~ ." 2 program. If they can not prove, at the time of registration,
3 residency requirements, they will be required to enroll on the
4 spot in the intervention program. If they do not enroll in
5 the intervention program, they will not be authorized to
6 return to ,the soup kitchen for the purpose of receiving food.
7
Q.
Briefly describe the intervention program.
8
A.
Yes. That is, as you heard in prior testimony, a
9 requirement that they get job counseling, any medical
10 problems. There are going to be a number of social service
11 agencies that already exist on our advisory Board. And our
12 objective is to get them into a job quick.
~
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13
We've also discussed that the next phase, if the
14 shelter is built, is to establish a program called single-room
15 occupancy, where we can move that person hopefully within a
16 space of eight days or less on an average out of the shelter
17 into a transitional housing program where they can live, work.
18 and' then would be required to contribute back a portion of
19 their earned salary to support the program.
20
Q.
For those people who come to the shelter, what, if
21 any, background check will be conducted?
22
A.
The information that is obtained through the St.
23 Vincent DePaul registration process is checked on a daily
\:J
24 basis against the police records. If anybody has been
25 arrested for commission of either a state criminal violation
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80
1 and/or a city ordinance, they will be trespassed, physically
2 trespassed, from the premises of the soup kitchen and the
3. shelter and not allowedc to return.
t)
4
Are you familiar with other residential shelters
Q.
5 operating in Clearwater?
6
Yes. One of our board members on the CHIP
A.
7 organization is Barbara Green from the homeless emergency
8 project who's here today who's operated a transitional housing
9 shelter for a long time. '
10
And in your knowledge as police chief, how many, if
Q.
11 any, neighborhood complaints has your department received
12 concerning other Clearwater homeless shelters?
13
I don't think I could count on the fingers of one
A.
" 14 hand ~ny complaints I've received regarding the operation of
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15 the homeless emergency project.' Nor, in approximately about
16 the 18 months that we have operated. "We" the Clearwater
17 Police Department and the Salvation Army, based on
18 Mr. Brandt's previous testimony. We're operating a shelter
19 right now. We've received no complaints..
20 Q. I believe you stated there would be 48 beds in the
,
;,
,21 proposed project; is that correct?
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That's correct.
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A.
23
Will this ameliorate or solve the homeless problem
Q.
24 in Clearwater? .
25
I don't think it's going to solve it totally. But
A.
3
MS. DOUGALL-SIDES: Thank you. Nothing further.
81
. . I- ,
~
1 it's certainly going to take a lot of these people who need
2 this help off the streets.
,
4
MR. JOHNSTON: Any cross?
5, REDIRECT EXAMINATION
6, BY MR. JOHNSON: '
7
Q.
Chief, at the other location you were describing, is
! c
8 there a soup kitchen there?
,'9
A.
NO.
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10
Q.
Do you know whether -- do you know the percentage of
'::.'
11 families and children that are the residents there as opposed
~, J
12 to just homeless individuals?
;'. >
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13
A~
No.
I can't give a specific percentage. It's a
" ,
14 sporadic thing with family.
15
Q.
The property valuation information that you read
16 into the record from the report covered a thousand feet
17 radius; is that correct?
18
A.
Yes.
19
Q.
Can you illustrate on this map approximately where a
20 thousand feet might be from the homeless shelter, how far out
21 that would reach?
22
A.
I don't know to scale. But I would imagine if the
23 shelter is going to be here, certainly in this surrounding
_c.,_.\
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24 area right here.
(Indicating. )
25
, Q.
Well, if I understand this, Chief, the GTE building
.._.'>-........~...-.-.t..._~~ _~."... ~ >. .~"*_....T. ~.".. .
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82
1 was included in that analysis. Can you see where the GTE
}
2 building is on that?
3
A.
No. ' Help me out here.
4
Q.
The GTE building at Betty Lane is this particular
5 building.
6
MR. WARD: I think that is.
7 BY MR. JOHNSON:
8
And that was included in the study. Correct? So it
Q.
".
, ,
9 certainly goes out that far?
10 A. Okay.
11 .Q. And isn't it correct that you acknowledged on more
12 than one occasion at the hearing before the Planning and
\ 13 Zoning Board in November that you could not predict what the
J
,
14 effect would be on property values?
,
, .
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.' ,
15 A. No.
16 Q. You did acknowledge that?
17 A. I cannot predict. I did acknowledge that, yes.
18 MR. JOHNSON: No further questions.
19 MR. JOHNSTON: Any other questions for Chief Klein?
20 MR. WARD: No.
21 MS. DOUGALL-SIDES: No.
22 MR. JOHNSTON: All right. Thank you. Any other
23 witnesses from the applicant?
, '" 24 MR. WARD: I do not have any at this time.
'J
25 MR. JOHNSTON: From the City?
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83
1
MS. DOUGALL- SIDES: Yes, sir., The City would call
2
Scott Shuford.
3
S COT T
S H UFO R D
4 WAS CALLED AND AFTER BEING DULY SWORN WAS EXAMINED AND
5 TESTIFIED AS FOLLOWS:
6 DIRECT EXAMINATION
7 BY MS. DOUGALL-SIDES:
8
Mr. Shuford, what is your current position?
Q.
9
I'm the Central Permitting Director for the City of
A.
10 Clearwater.
11
Is that similar to a City Planner?
Q.
12
Yes. it is.
A~
13
How long have you held that position?
Q.
14
I've held that pos~tion since October of 1993.
A.
15
And before that, how long were you with the City?
Q.
16
I started work for the City in January of 1990.
A.
17
Can you briefly relate your educational experience
Q.
18 background?
19
I have a Master's in Regional Planning from the
A.
20 University of North Carolina at Chapel Hill, and over fifteen
21 years of experience in local government planning in four
22 different communities.
23
MR. JOHNSON: In the interest of time, I'll
24
stipulate that he is an expert in planning.
25
MS. DOUGALL-SIDES: All right. That's appropriate.
: " :.' :.... ....\,' L......;. . :. '.,' '" ..:.:.. ..... '~',.'~' ....'..: ;,' ~t. ',:. ":': '.f: .1.', .... .~. ~':
84
1
'~ 2
3
4
5
6
7
8
9
, 10
11
12
Yes. The City would offer Mr. Shuford as an expert in
municipal planning, and would offer his resume as an,
'exhibit.
MR. JOHNSON: No objection~
MR. WARD: Don't want to read it?
MR~ JOHNSON: No. Don't want to read it either.
MR. JOHNSTON: That's Exhibit 2, Government's
Exhibit 2. It's received. And you may proceed and
,elicit testimony in that area.
MS.' DOUGALL-SIDES: Thank you.
(Government's Exhibit No.2 was marked for
identification and admitted into evidence.)
--......
"..) 13 MS. DOUGALL-SIDES:
14
Q.
Mr. Shufordt you're familiar with the application
15 for the project under discussion?
16
A.
Yes.
17
Q.
And what role did you play in reviewing that
18 application for the City and for the planning and Zoning
,<
19 Board?
20
A.,
My department is in charge of handling the
,21 processing of these types of applications, and serves as the
22 liaison, staff liaison. to the Planning and Zoning Board. My
23 involvement in this was to oversee that review and make sure
'~
24 the procedures were followed correctly.
25
Q.
Did you prepare an initial staff report for the
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85
:''j '1 Board?
"-t..JOt 2 initial the
A. Yes. An staff report was prepared for
." " 3 October 15, meeting.
4 Q. Were there any sUbsequent reports prepared by you?
5 A. Yes. A second report after the item was continued
6 was prepared for the November 5th, meeting of the Planning and
7 Zoning ,Board.
tl~' .
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8
Q.
And what did that report address, generally?
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A. That report addressed. in general, the overall
10
compliance with the standards for approval for conditional use
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11 for permits in the City. And I think it also included
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12 specifically the answers to questions raised at the October
, ~ 13 15, hearing.
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, "
14
MS. DOUGALL-SIDES: And for the record, that report
15 is Applicant's Exhibit 1.
16
MR. JOHNSTON: Yes.
17 BY MS. DOUGALL-SIDES:
18
Q.
Do you have an opinion as to whether the sUbject
19 application is compatible with surrounding land uses?
20
A.
Yes, I do.
21
Q.
And what is that?
22
A.
That opinion is that it is compatible with
23 surrounding'land uses based upon our standard for approval.
0'
24
,Q.
Why do you consider it compatible?
25
A.
For a variety of reasons. First. there1s going to
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1 be some restrictions placed upon the property as the result of
2 both the staff conditions and those imposed by the Planning
3 and Zoning Board, which will address some of the concerns that
4 have been raised'such as how pedestrians access the site, as
5 well as site lighting. The property is going to be developed
6 in a way that we think is going to mitigate completely the
7 negative impact that might be associated with a residential
8 shelter. And our research has indicated there is not going to
9 be any decr~ase in property values based upon this
10 application. That all environmental requirements will be met.
11 The hours of operation for the'building and the use will be
12 compatible with the surrounding neighborhood.
13
Q.
Let me stop you just a moment. You seem to be
14 getting to some of the other criteria other than just
15 compatibility.
16
A. .
Right.
17
Q.
You are not a real property appraiser, are you?
18
A.
No.
19
Q.
Do you have an opinion as to whether the application
"
20 met all of the criteria for conditional use approval contained
21 in the various code sections?
22
A.
Yes, I do.
23
And what is that opinion?
Q.
24
It did meet those conditions and criteria.
A.
25
And. I believe, you're referring to a chart that you
Q.
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1
developed on that point?
2
A. That's correct.
3
Q.
Have you reviewed the surrounding land uses within a
4 1000 foot radius of the subject property? '
5
A.
Yes.
6
Q.
And what are those uses, generally?
7
A.
It's a wide mixture of land uses in this area
8 ranging from medium to high density multifamily. to commercial
9 uses within a thousand feet.
I ,
It would also ~nclude a portion
10 of our community redevelopment area. Our -- basically, our
11 downtown area. So it's quite a range of land uses and zoning
12 patterns.
Q.
Referring to a poster board marked "Existing land
14 :uses within 1000 feet of.. sUbject property," was this board
15 prepared at your direction?
16
A.
Yes, it was.
17 '
Q.
And by your staff?
18
A.
Yes.
19
And referring to'a second poster board, which looks
Q.
20 a little better, which is marked the same way, can you
21 describe what this is?
22
A.
That appears to be the same map prepared by my staff
23 done in a vastly more professional manner by our engineering
24 department~
25
Q.
And can you state what that appears to accurately
'I
88
1
reflect the existing land uses?
:')
......1
2
A. Yes, it does.
3
MS. DOUGALL-SIDES: I'd like to offer an 8 1/2 by 11
4 version of this board as the next numbered exhibit.
5
MR. JOHNSON: No objection. I'd like a copy.
6
MS. DOUGALL-SIDES: Sure.
7
MR. JOHNSTON: Government Exhibit 3 is received
8 without objection.
9 (Government's Exhibit No.3 was marked for
10 identification and admitted into evidence.)
11 BY MS. DOUGALL-SIDES:
I 12
Q.
What zoning district or'districts does the subject
::) 13 property lie in?
14
A.
It is in the gen~ral commercial and RM-12, which is
15 residential/multifamily 12 district.
16
Q.
Can you generally describe the characteristics of
17 the zoning district?
18
A.
The general commercial district is basically a
,
,19 commercial district that will house,a fairly wide range of
20 commercial activities, as well as office uses and the li.ke.
21" The RM-12 district allows multifamily uses up to twelve units
22 per acre, generally.
23
Q.
Is twelve units per acre a particularly dense
::)
24 concentration? How would you characterize that?
25
A.
I'd say that's on the medium end of our range of
5
A.
Zoning provisions require a conditional use permit
89
'~
1 densities. They range from one unit an acre for some of our
2 single-family districts, to twenty-eight units an acre.
3
Q.
What are the zoning code provisions for residential
4 shelters in the city?
6 to be issued. And they are allowed in a variety of districts
7 upon conditional use permit review.
8
Q.
Are they allowed in all districts?
'.,
),
9
A.
No, they're not. They're not allowed in single
10 family residential districts in particular. But they are
11 generally allowed in quite a range of districts, from
12 multifamily, to office, commercial, limited industrial. Even
.~.....
13 our park, office park -- excuse me, research development and
14 office park, and public, semi-public districts allowed them to
15 be considered.
16
Q.
And as to public safety facilities, what zoning
17 districts are they allowed in? And how?
18
A.
They're allowed in virtually all districts in the
19 city, including the single-family districts. And they're
20 handled through the conditional use process, as well.
21
Q.
Are there some districts where they are in permanent
22 use without conditional use approval?
23
A.
I'd need to refer to my book, but, I believe -- my
\
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24 zoning code -- but, I believe, the only place where they are
25 permitted use would be the couple of the downtown districts,
90
~.
1 as well as the public, semi-public district.
2
Q.
And what is the reason, generally, for restricting a
3 use to a conditional use?
4
A.
The reason is to allow the use to be evaluated on
5 the basis of the conditional use permit standards. And,
6 generally speaking, those standards are designed to make sure
7 that the use is compatible with the surrounding property in
8 terms of scale and site activity.
, ,
,
9
Q.
What, if any, conditions are placed by the Board
, ..'
10 here regarding pedestrian traffic?
",,-,;.
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11
A.
The Board established a couple of traffic conditions
12 in their approval of the conditional use permit. Condition
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13 No.3, a sidewalk interconnection to Cleveland Street shall be
'"
14 constructed to reduce pedestrian traffic in surrounding
"
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15, residential areas. Of course, the intent of that was to make
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16 sure that the access was limited, to the extent it could be,
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17 to the major thoroughfares adjoining property.
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18
Q.
Do you have an opinion as to whether that condition
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19 will assist in pedestrian traffic circulation?
:;.....:
20
A.
I think it will. In fact, it's a staff recommended
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21 condition from the October 15, meeting that's carried over and
:'. .
22 approved by the Board. There's also a separate condition that
23 the Board added. Condition 7, fencing to the maximum height
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24 allowed by city code shall be installed in all sides of the
25 property to control side access prior to the issuance of the
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25 in maximizing intergovernmental revenues at assistance
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1 certificate of, occupancy. Again, the intent of that was to
2 secure the area from the standpoint of side access.
3
. Q.
Have you reviewed the City's comprehensive plan with
4 regard to the proposed project?
5
A.
Yes.
6
Q.
And do you have an opinion as to whether the
7 proposed project is consistent with the Cityts comprehensive
8 plan?
9
A.
Yes, I do.
10
Q.
And what is that opinion?
11
A.
That opinion is that it is consistent with the
12 comprehensive plan.
13
Q.
Which pOlicies of the plan does the project further
14 in your opinion?
15
There are two of note that -I'd like to mention. And
16 I'll refer to them by the policy number within the plan.
17 They are both in the housing element of the comprehen'sive
18 plan. The first one is 13.5.2, which reads "Encourage
19 and assist human service agencies and other community
20 groups in developing special living facilities at a level
21 appropriate to Clearwater's population and need." There
22 is a second one also. Again, in that same element,
23
13.7.3, "the City shall regularly monitor grant
24
opport~nities and provide coordinating services to assist
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1
targeted at housing and neighborhood improvements."
2
MS. ,DOUGALL-SIDES: The City would offer a copy
3
well, the cover page of the plan with those two policies.
4
MR. JOHNSON: No objection.
5
MR. JOHNSTON: Received as Government's Exhibit 4.
6
(Government's Exhibit No.4 was marked for
identification and admitted into evidence.)
8 BY MS. DOUGALL-SIDES:
9
Q.
Do you recall when the soup kitchen use that's been
10 referred ,to today began?
1,1
A.
I don't recall the exact date. But it did begin in
12 the early 1990s.
13
Q.
Is the current soup kitchen operation a permitted
14 use. or a conditional use?
15
16
A.
It is a permitted use.
Q.
Was it a permitted use when it, began operation back
17 in 1990?
18
19
20
21
22
23
24
A.
Yes, it was.
MS. DOUGALL-SIDES: Nothing further.
MR. JOHNSTON: Any questions from the applicant?
. MR. WARD: No.
MR. JOHNSTON: Any cross from the appellant?
MR. JOHNSON: A question or two.
CROSS-EXAMINATION
25 BY MR. JOHNSON:
"~or)
..... ~+"
,.,
1
Q.
Mr. Shuford, this access to Cleveland Street was
2 very important to you, wasn't it?
3
A.
Yes, sir, it was.
And it was very important to the Board?
Yes, sir.
Would it surprise you to learn that the shelter does
7 not enjoy that access, they don't have a legal right to it?
4
Q.
I do know that they needed to obtain an easement.
Are you aware they have not obtained that easement?
No, sir, I'm not aware of. that fact.
Without that access, it's a real problem, isn't it?
It will be, given the, way the conditional use permit
I,
''') 13 was approved.
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5
A.
The property values study that you did was for an
15 area within a thousand feet of the property: is that correct?
6
Q.
Yes, sir.
Is that something in the code that caused you to
18 draw the line at a thousand feet?
8
. A.
No, sir, it was not.
In fact, there's nothing in the code that says that
'J
,21 you look at compatibility as to a thousand feet away, or 5000,
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9
Q.
That's true.
And, in fact, doesn't the code say in part that the
25 proposed use will tlnot detract from the public's convenience
10
A,.
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11
Q.
12
A.
14
Q.
16
A.
17
Q.
19
A.
20
Q.
22 or 200?
23
A.
24
Q.
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1
at the specific locationll?
,2 ,
A. It does say that.
3
Andcdoes the code not also say that ,the use wilJ.
Q.
4 have -- that the Board is to determine whether use will have a
5 substantial detrimental effect of the property values of the
6 properties surrounqing the conditional use?
7
It'says that.
A.
8
Now, this piece of property a thousand feet away
Q.
9 surrounds the use?
10
It depends upon how you look at the impacts.
A.
11 Obviously, a nuclear power plant application would be one in
12 which you would have a nillch wider range of potential impacts
, "";',
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14
But the thousand feet was an arbitrary decision on
Q.
15 your part?
16
Yes, sir.
A.
17
Now, you are familiar with the case where there was
Q.
18 an application to put in a church on this piece of property
19 .that's colored blue on tpe map; is that correct?
20
Yes, sir.
A.
21
You thought that church was compatible also, didn't
Q.
22 you?
23
Yes, I did.
A.
24
What did the City Commission do with that
Q.
25 application?
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A.
The City Commission denied that application.
Unanimously? Correct?
I don't recall the vote. But they certainly did
95
You were favorably disposed to this project before
6 you ever received the application for conditional use, were
2
Q.
I'm not sure I can say that I was favorably disposed
9 to it, in the sense that I would have recommended a
3
A.
10 conditional use permit prior to receiving that application.
4 deny it.
5
Q.
I'll show you a letter, copy of a letter, from you
12 to Chief Klein, dated April 17. That would have been in
7 you not?
8
A.
13 advance of the application? Correct?
11,
Q.
That is in advance of the application.
And would you please read the last paragraph?
"My office appreciates your cooperation on this
17 project and looks forward to working with you to ensure its
14
A.
18 successful establishment. Should you have questions or
15
Q.
19 comments, please contact me."
16
A.
MR. JOHNSON: Thank you. I would like to introduce
21 this as Applicant's Exhibit, whatever it is.
'22
20
23
24
25
"~"..'<'l cO ,'~<-._'._"'T """.""'.-.. uH ,"'
MR. JOHNSTON: Nine. Appellant's Exhibit 9.
MR. JOHNSON: I'm sorry. Appellant's Exhibit. Is
it 91
MR. JOHNSTON: Yes.
. , ' ", '. .'. ~ " , ..' . . : '.' '"'" .: . ,;.'. - ~'. ' . . .?,
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96
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1
MR. cJOHNSON: I'm sorry. I don't have additional
2 copies of this.
3
MR. WARD: That's okay.
.:>"
4
MR. JOHNSTON: It's received.
5,
(Appellant's Exhibit No.9 was marked for
J:
6
identification and admitted into evidence.)
7
,MR. JOHNSON: I have no further questions.
8
MR. JOHNSTON: Any redirect?
9
MS. DOUGALL-SIDES: Yes. A couple of questions.
10
REDIRECT EXAMINATION
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11 BY MS. DOUGALL-SIDES:
~I ",
12
Q.
Mr. Shuford, are you familiar with the City Clerk's
,"',
. ,I) 13 policies requiring 'notice to n,eighboring property owners?
,
14
A.
Yes, I am.
15
Q.
And how many foot radius does the Clerk normally
16 use?
17
A.
It's a 500-foot notice requirement.
18
Q.
Referring to your letter to Chief Klein, Appellant's
19 Exhibit 9, do you ever write similar letters to property
<.'. <
20 owners. who are applying for projects?
, "
,21
A.
Quite often we do write letters of that sort. And
22 this one, I think, in particular was designed to provide them
23 with the zoning information relative to their grant
o
24 application.
25
MS. DOUGALL-SIDES: Nothing further.
, "
, . ,I . I" .' .' ~ .' . ~. . . '. . :" \. " ',.....: .', " ~ ~ I '. .
97
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1
MR. JOHNSON: No further questions.
2
MR. JOHNSTON: Thank you. You may be excused.
3
MS. DOUGALL-SIDES: The City has no further
.i-,
4
witnesses, but does have some exhibits to offer. And
5 this first set I would like to offer as pUblic record
6, exhibits. The first one being a two-videotape exhibit,
I ,
7
, certified by the MIS' depart~ent. or IS department, as the
8
Videotape of the October 15th, and the November 5th,
:. .
9
Planning and Zoning Board hearing. Our record consisted
10 of an audio tape recording because our City Clerk's
",
11 official record is an audio tape. But we do want you to
12, have the videotape, as well. '
c,............
'\
13
MR. JOHNSTON: So that would be Government's Exhibit
14 5. It's received.
15
(Government's Exhibit No.5 was marked for
16
identification and admitted into evidence.)
17
MS. DOUGALL-SIDES: And next being certified copies
18 from our City Clerk of a number of code of ordinance
, 19 sections from our zoning code. I had these marked
20 separately. First one would be Section 35.05.
.'
21
MR. JOHNSTON: That's No.6.
22
(Government's Exhibit No.6 was marked for
23
identification.)
, '-"\
o
24
MS. DOUGALL-SIDES: Section 35.11.
25
MR. JOHNSTON: That's No.7.
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3
4
5
6
7
8
9
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11
12
13
14
15
16
17
18
19
98
(Government's Exhibit No.7 was marked for
identification. )
MS. DOUGALL-SIDES: Section 36.033.
,MR ~ JOHNSTON: No.8.
(Government's Exhibit No. 8 was marked for
identification. )
MS. DOUGALL-SIDES: Sections 40.141 through 40.148.
MR. JOHNSTON: No.9.
(Government's Exhibit No.9 was marked for
identification.)
MS. DOUGALL-SIDES: Sections 40.421 through 40.426.
MR. JOHNSTON: No. 10~
(Government's Exhibit No. 10 was marked for
identification.)
MS. DOUGALL-SIDES: Sections 41.021 through 41.053.
MR. JOHNSTON: That's No. 11.
(Government's Exhibit No. 11 was marked for
identification.)
MS. DOUGALL-SIDES: And finally, sections 43.01
20 through 43.51.
21
MR. JOHNSTON: No. 12. And without objection,
22 they're received.
23
24
25
~"" '~;Il.~:'.tJ~It,.,.\ 4-....... ",~....,,,:,,...~~Ui U _,._w ~ . .
. / ~ . '. . I, .~ ., i ',I:. ..'::
MR. JOHNSON: No objection.
(Government's E~hibit Nos. 6, 7, 8, 9, 10, and 11
were admitted into evidence.)
. . '... .'. ~ . .' ,
~
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99
1
(Government's Exhibit No. 12 was marked for
2
identification and admitted into evidence.)
3
MS. DOUGALL-SIDES: Next I have a memorandum from
4
Mr. Shuford to Chief Klein, dated June 10, 1996,
5 regarding some zoning provisions.
6
, MR. JOHNSTON: '
Okay.
Thatts going to be
7 Government's Exhibit 13.
8
(Government's Exhibit No. 13 was marked for
9
identification. )
10
MS. DOUGALL-SIDES: And a similar memo dated May 26,
, 11 1995.
<' ;o.h...
\ .' .)
13
o
12
MR. JOHNSTON: That second one would be No. 14. And
without 'objection, they're both also received.
14
MR. JOHNSON: No objection.
15
(Government's Exhibit No. 13 was admitted into
16
evidence. )
17
(Government's Exhibit No. 14 was marked for
18
identification and admitted into evidence.)
19
MS. DOUGALL-SIDES: Next I have an April 23, 1996,
20 letter from The Clearwater Housing Authority to Pinellas
21 County Community Development with attached community
22 development block grant application. '
23
MR. JOHNSON: No objection.
24
MR. JOHNSTON: It's received as Government's Exhibit
25 15.
., J,' .". ..::~~. ,~: ~ 'l"' ;.;, ~'.,,: ,', .~."\ J.~ ". ,'. 'to. 0.'.< ..' d~I'I'.' t, '.':, '. ,"
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(Government's Exhibit No. 15 was marked for
2
identification and admitted into evidence.)
3
MS. DOUGALL-SIDES: And a certified site plan dated
'4
October 29. 1996. Clearwater Homeless Intervention
5 ' Project, Salvation Army, prepared by Northside
6
Engineering Services, Inc.
7
MR. JOHNSON: I'd just like to callout a
8
difficult-to-read section on here. I have no objection
9 to this, but pointing to the easement area, that has been
10 discussed today, there's a barely legible note that reads
11 "new sidewalk and utility easement to be dedicated to the
12 City by Tzekas, owners of property to the west. II
13
MR. JOHNSTON: All right. That's received as
14 Government's Exhibit 16.
15 (Government's Exhibit No. 16 was marked for
16 identification and admitted into evidence.)
17 MS. DOUGALL-SIDES: And that would conclude the
,18 public record exhibits. I have a few additional
19 exhibits. Those being, an article from the St.
20 Petersburg Times, dated December 21, 1996.
21
MR. JOHNSON: No objection.
22
MR. JOHNSTON: That is received as Government's
23 Exhibit 17.
24
(Government's Exhibit No. 17 was marked for
25
identification and admitted into evidence.)
101
MS. DOUGALLwSIDES: An article from the Tampa
Tribune dated December 22, 1996.
MR. JOHNSON: No objection.
MR. JOHNSTON: That one is received as Government's
Exhibit 18.
(Gqvernment's Exhibit No. 18 was marked for
identification and admitted into evidence.)
MS. DOUGALL-SIDES: A Florida Department of Children
and Families, which, I believe, is the former HRS, annual
report to governor and legislature on homeless conditions
in Florida, dated November 1996.
MR. JOHNSON: No objection.
MR. JOHNSTON: It's received as Government's Exhibit
19.
. (Government's Exhibit No. 19 was marked for
identification and admitted into evidence.)
MS. DOUGALL-SIDES: And finally, an article entitled
"There Goes, the Neighborhood?"
the impact of
. subsidized mUltifamily housing on urban neighborhoods,
'prepared by the neighborhood planning for community
revitalization and the center for urban and regional
affairs.
MR. JOHNSON: Does this. relate to homeless shelters
or multifamily housing, subsidized mUltifamily housing?
MS. DOUGALL-SIDES: It's more toward the
_~..,.ao.,.......~..,"rwt. ~....":"""'~f'Lo!I"'''"'',I~'1~ ...~.._u
102
,,'
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1
lower-income housing projects, in general.
2
MR. JOHNSON: which aren't homeless shelters. I
3 mean, we'll let it in, because we're letting everything
4 in. But this is not a homeless shelter study.
5
MS. DOUGALL-SIDES: Not specifically.
6
MR. JOHNSTON: What's the relevance of it?
7
MS. DOUGALL-SIDES: Well, the City would argue that
"
8
this is a study which shows that there is limited
9 negative impact and perhaps some positive impacts on
10
neighborhood values and property values from similar
11 types of social-service housing, low-income housing.
12
MR. JOHNSON: I don't think you've established
" ,~-:'\
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13
they're similar.
',",
14 MS. DOUGALL-SIDES: It's ~n the nature of
15 background materials. So I'm not going to push the
16 issue.
17
MR. JOHNSTON: I don't see that -- I guess, ~e have
18 received just about everything else. And Mr. Johnson
19 really does not object, but I question whether it's
20 relevant. I'll receive it, though.
21
MS. DOUGALL-SIDES: All right. Thank you. And that
'>.
. ....,...
~,,;.
would conclude the City's exhibits and presentation.
23
MR. JOHNSTON: I'll receive that as Government's
,
o
24
Exhibit 19.
25
(Government's Exhibit No. 19-A was marked for
-....'..;IU".......~..~....................~~,.c..... ... ~.
. .. ,.".: . .' ..:~ ,T, ".: .'. '. .' ,..... .
,;
103
1
identification and admitted into evidence.)
.~
2
MR. JOHNSTON: In your post-hearing submissions, if
3 there are any gems buried in any of these documents that
4 you want me to take note of, you're going to have to
5 specify them to me.
6
MS. DOUGALL-SIDES: Certainly.
','
7
MR. JOHNSTON: Any other exhibits or evidence from
8,
the City?
i'
9
MS. DOUGALL-SIDES: No, sir.
10
MR. JOHNSTON: I believe that concludes the case of
. 11 both of the appellees. Is there any rebuttal evidence to
12 be presented?
f.........,
13
MR. JOHNSON: Yes. Two very brief witnesses.
I
14 Mr. Hubbard, first.
15 DIRECT EXAMINATION
16 BY MR.cJOHNSON:
17
Q.
You're still sworn, Mr. Hubbard. Please remind the
18 Judge which property you own by showing it on the map.
19
A.
The red one here, 6 and 5, 15 and 16.
20 (Indicating.)
21
Q.
And that's The Idle Spur Saloon?
22
A.
Yes, it is.
23
Q.
What has happened to your property value since the
.... ~'....
24 soup kitchen has begun operations?
I,
..-.J
25
A.
My tax assessment sheet, which I received from the
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1 County Appraiser in 1993, said 106,800. My latest one says
2 82,800. I'm not positive, but I remember when I subtracted,
3 and I got the two sheets, I don't -- it's 24,400 is the
4 decline from 193 to '96.
5
Q.
And when did the soup kitchen start?
6
A.
192. It's been four years.
7
,
MR. JOHNSON: No further questions.
8
CROSS-EXAMINATION
9 BY MR. JOHNSTON:
> ~ .. .
10
Q.
Just so I understand what you're saying, you
".L.
11 received an assessment from the tax appraiser of 106,800,
......
12 I $106, 800 for the property?
.: "
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,13
A.
Yes. I still have my assessments sitting on my
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14 desk.
15
Q.
What year was that?
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16
A.
That was in 193.
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17
Q.
And what year was the 82 -- I think you may have
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18 said 82~800, but if the difference was 24.400, it must have
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19 been 82,400.
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20
A.
'Yeah. There are a few hundred. I remember when I
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21 subtracted '93's from '96's, or the latest one I received
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22 I'm not sure how they're dated, '96-'97 -- but the latest one
'.
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23 that came in November, it was 82 -- 82,600, 82,800. What I'm
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24 saying is when I subtracted, it was 24,400. It's only a few
",'
25 hundred dollars one way or the other. It was 24,400 I
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1 remember when I subtracted. I have those. That's why I can't
2 understand.
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3
MR. JOHNSTON: All right.
4
MR. JOHNSON: I have no further questions.
5
REDIRECT EXAMINATION
of"~
6 BY MR. WARD:
. ~ .,
7
, Q.
Do you remember what your tax assessment was for
8 '93, '94, '95?
':
9
A.
Each declined, approximately, in the neighborhood of
j.' .
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10 7,000, 10,000, roughly in each year. I've got all of them.
'"
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11
Q.
Do you remember what it was from '85 to '92?
12
A.
'85 -- I didn't purchase the property until '88,
;,~\
J 13 '89, I believe it was. It was about 132,000.
14
, Q.
So is it safe to say that there has been a pattern
15 of decline since you bought it?
16
A.
It leveled off for a few years. And then it started
17 again. But anyway --
18
MR. WARD: That's all.
19
MR. JOHNSON: I have no further questions. Thank
'0,
20
you. Dr. Jannelli?
21 DIRECT EXAMINATION
22 BY MR. JOHNSON:
23
Q.
You're still sworn. Will you please ,remind the
, ,::)
24 Judge which property you own.
25
A.
This particular ,piece here next to the Hubbard piece
106
1 and the soup kitchen property.
",~
,....,' 2 Q. What has happened to the value of your
property
3 since the soup kitchen commenced operations?
4 A.
5 leased it
r
"
6 the same.
7 Q.
It's been on a steady decline. However, when I
to Funky J's, that year the property value stayed
Since they've left, it's significantly decreased.
You heard the testimony earlier today of Mary Lou
8 Guthart, who has testified that one of the people involved in
,
, , 9 the CHIP program had spoken to the lawyer for Mr. Tzekas
10 ,regarding the granting of an easement over Mr. Tzekas's
11 property. And the lawyer had said that he could foresee no
12 problem~ Have you had a conversation with Mr. Tzekas himself
'~\
13 regarding whether he would grant an ,easement over his property
14 for this use?
15
A.
Yes, I did. I saw him immediately after the
16 commission meeting, which his application was denied 5 to O.
17 And we talked about that easement, and he categorically said
18 that he would never grant them ~n easement.
,19
MR. JOHNSON: Thank you. No further questions.
20
MR. JOHNSTON: Any other questions?
21
CROSS-EXAMINATION
22 BY MR WARD:
23 Q. Well, just to reiterate, even though the property
.' .....~ 24 value -- I'm looking at a printout from '92 to '96. I think
,
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25 your property would be -- would it have been assessed at
.. u_ ":. "........... ':":".' I' .' '.
107
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1 147,900?
2 A. This, past year.
3
Q.
This past year. It was, like, at 147,700 in '95.
.4 ,And 161,600 in '94. Is that when you would have had Funky
5 J's?
6
A.
That's right.
7
Q.
And 187,100 in '93. Would that have been Shells
8 s ti'll there?
'9
A.
It was vacant then.
l....'
"
"
10
Q.
And then, like, 218,000 in 1992. DO you remember
~ .....
11 what it was in '91 or '90?
','j'
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12
A.
Shells just had vacated the property in late '91,
.,,'
'.:) . 13 early.' 92. And the property values have lost about $70,000
,. .
'. '
14 during the time the soup kitchen has been there.
..' .
. .1.
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15
Q.
Prior to that time -- you bought it in '85?
~ ",.
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....
16
A.
'85. Shells was there; property values, I believe,
.'
. ,.
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17 increased, leveled off. And Shells, left; the property values
:::.
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.18 stayed about the same. The soup kitchen moved in,
,',I"
19 significantly dropped the property values. Funky J's stayed
. ~
20 there, property values remained the same. They've exited,
':\'
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21 property values are escalating down further.
.,',
22
Q.
Now, in your experience with the various commercial
23 properties you have -- and, I guess, you've stated earlier
~I',' :
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24 you filed a petition to have your property taxes lowered even
25 more this last year, and that was denied?
, .
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1
A.
That's correct.
2
Q.
The property appraiser, how do they appraise
3 commercial property?
4
They do'it by grid and by bulk. That was my
A.
5 problem. They don't isolate any of the properties. So they
,6 assign values based on general trends.
7
Q.
But don't they also look at replacement costs,
8 general fair market values, and also income the property
9 produces?
10
A.
. I asked them to produce me the evidence of which
11 they determined my property values. and they showed me
12 comparable properties as far south as St. Pete and as far
13 north as Tarpon Springs. And I thought that was a bit unfair
14 because of 'the
15
Q.
More than a thousand feet, wasn't it?
16
A.
More than a thousand feet.
,17
But did they give you any indication that they
Q.
18 thought your property values had gone up or down as a result
19 of the soup kitchen?
20
No, they couldn't do that. They didn't take
A.
21 socioeconomic values into the equation. But, I think, if you
22 look there, there was some property that was just sold at a
23 significant loss to the assessed value and to the purchase
24 'price a few years ago. I don't have that data, but --
25
Well~ we've got bunches of properties. I'm not sure
Q.
109
'.
1
which property you would be, looking at.
t)
2
A. There was a piece on Park Street, I believe, that
3 sold significantly for a loss.
4
Q.
And even though you've owned this property since '86
5 or '85, you've been in the area for your whole life, and
6 you're familiar with the properties along Cleveland Street
7 there, the various restaurants. And would it not be your
8 opinion there's been a lot of restaurants that have opened and
9 closed there, from Missouri east, in the last 15 years?
10
A.
That's correct. But let me put that in proper
11 perspective. That building is vacant today with a, "For Sale"
12 sign on it. I would not buy it because of the soup kitchen
'\
) 13 and the proposed homeless shelter. I would not be an investor
14 for that property.
15
Q.
Have you offered your property for sale to the
16 shelter or the soup kitchen?
17
A.
Yeah. I did at one time. They had a piece of
18 property that was vacant in downtown Clearwater, and I was
19 interested in that property at one time.
20
MR. WARD: No further questions.
21
MR. JOHNSTON: No other cross?
22
MR. JOHNSON: No.
23
MR. JOHNSTON: Just a minute. This may become clear
24
to me if I watch one of those videos. But I'm a little
~.J
25 confused with what Mr. Tzekas has to do with granting an
110
easement, in light of the quitclaim deed that you have
admitted as Appellant's Exhibit No.6?
MR. JOHNSON: Tzekas is the president and owner of
that company, of the Jami Al Salam, Inc.
MR. JOHNSTON: That's not in the record yet to my
knowledge. It may be on one of the tapes somewhere. but
"
"
c,
','.
that's what I'm trying to clarify.
" '
. :
MR. JOHNSON: It is on the tape regarding the church
;,
application. It's Mr. Tzekas speaking on behalf of the
applicant, which is the Jami Al Salam, Inc. But I can
:."j
, ,
ask Mr. Jannelli, who knows.
.'
. "'<'
REDIRECT EXAMINATION
::l. .
::) 13 BY MR. JOHNSON:
'-
14 Q. Can you explain the connection between Mr. Tzekas
15 and Jarni Al Salam, Inc.?
16 A. He is either the president or a member of that
17 church organization.
.'~ :~.
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, .,
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18
Q.
And do you know whether he owned that property?
;',
;':1'
19
. A.
Yes. He owned that property and, I guess, he either
. ,
, "
20 sold it or had some financial transaction with the church.
,-j'
21
Q.
'And he's also the individual who signed the
.
.1
...
22 affidavit, which is in the record?
23 A. Yes.
24 MR. JOHNSTON: That's what the record reflects.
0 Thank
25 you.
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111
1
RECROSS EXAMINATION
2 BY MR. WARD:
Q.
One last -- you may not know the answer to this.
I
4 But are you familiar -- there's a day 'labor agency on
5 Hillcrest and Gulf-to-Bay, kind of up, east of you?
6
I'm familiar with that.
A.
7
You have any opinion whether it would attract,
Q.
8 transients into the neighborhood for day labor?
9
I don't have an opinion, no.
A.
MR. JOHNSON: Thank you.
MR. JOHNSTON: Any other rebuttal evidence? No?
12 Okay. That concludes the evidence in the case. Do the
13
14
15
16
partie~ wish to make an oral summary?
MR. JOHNSON: Yes, sir.
MR. WARD: ,Sure.
MR. JOHNSTON: As I read the procedures, the
17 appellees would do so first.
18
MR. WARD: Couple things. I'm going to point to the
19 same standards that Mr. Johnson is going to point to, in
20 that we're really dealing with -- first of all, I think
21 that the burden is upon the appellant to show that there
22 was not evidence before the Board in those two hearings
23 in October and November, nor sufficient evidence before
24
you to sustain the Board's decision to grant this
25 conditional use. I think we all agree that there are
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certain standards that are indicated in the City's code
2
for granting a conditional use, couple of which we seemed
3 to focus on today.
4 One is that the use will not unduly decrease the
5 value of the neighboring property. And, you knON, we've
6 heard a lot of testimony today regarding values from
7 neighbors. I happen to be a property owner there. Our
8 law office is in that neighborhood. I did not choose to
9 testify today, but I can have my 6pin~on, too.
10 We've had reports from the property appraiser's as
11 to trends and so forth. But I don't think we've heard
12 any testimony that can directly tie empirically that
..-) ,
13
property values have declined because of a shelter that's
14
going to come there.
I
We've heard a lot of opinion'that
15
people feel like that their property values have declined
c,
16 because of an existing facility known as a soup kitchen.
17 But even then, I don't think anyone could pin down the
18 fact that the soup kitchen has caused that. Much less
19 you give clear indication that the existence of a shelter
20 in the future is going to decrease the property values.
21 I asked several MIA appraisers if they could give an
22 opinion, and was told it's hard to give any empirical
23 data on shelters and what it does to property values.
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And maybe public perception is what happens. But most
25
shelters in areas where there's already existing
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facilities, could be an area where there's already
2 services there and the homeless there, which this is. We
3 have a ,soup kitchen there. We have a day-job agency in
4 the neighborhood. We already have a homeless population.
5 And so I don't think we really -- anybody can
6 definitely conclude that the existence of a shelter is
7 going to unduly decrease the value. Because the standard
8
is not whether it decreases it a dollar or a hundred
9
dollars. It just says "unduly," and that's fairly
10 subjective. And I think the Board heard a lot of
11 testimony on this, and they concluded that this shelter
12 would not unduly -- and very likely, they may have
13
concluded that the existence of the shelter would help
14 values. because we're not only talking about a shelter,
15, but a shelter and a substation, a police station.
16 And I think you've heard testimony today from
17 Mr. Brandt who is in this area. His expertise is dealing
,
18 with shelters and homeless and rehabilitating persons.
19 That the existence of the shelter -- and it's not just a
20 shelter, because it's a program that goes along with the
21 shelter -- that it will help the population of Clearwater
22 who are homeless and should help the neighborhood.
23
We heard a lot of people talk about the unfortunate
24
situation where there's not public bathrooms in
25
Clearwater. And that's unfortunate, but it's not -- if
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we were homeless, we'd have to come to a library like
this or somewhere else to use the bathroom, because there
3 are just not any. And the establishment of a shelter
4' there will provide bathrooms facilities on a 24-hour
5 basis.
6 And we have the standard deal with the compatible
7 with the surrounding area. There are multifamily
8 residences in the area, there's commercial use in the
9 area, there are motels in the area that house people.
10 Mr. Shuford, who is the expert among us regarding
11 compatibility, has given his opinion that this proposed
12 use of the substation and the shelter will be compatible
13
with the area. And that it will not have a substantial
14 negative impact on the surrounding or adjacent uses and
15 community facilities.
16 I think he's also given his testimony in his opinion
17 that the use would be consistent with the community
18 welfare and not detract from the public's convenience at
19 this specific location. And, you know, we --
20 unfortunately, Clearwater is not unique. We have a
21 homeless population. We're all trying best to deal with
22 it, to help those people. It's very idealistic for us to
23 want to help the homeless. Sometimes the people cannot
24
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be helped, of their own volition. Many times they can.
And the people today have said it. They said it at the
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hearings in November and October. Everybody is saying
they want to help the homeless, but they don't want it
where it affects their property values and their
neighborhood. 'Maybe a shelter affects property values
wherever they go. The question iSt Does it unduly affect
,it? And I think that there's a lack of showing, you
know, there's been a decrease in value because of this
coming shelter. A lot of discussion regarding the
existing facility, the soup kitchen. But nobody can
really pinpoint, I don't think, and say that this shelter
is going to decrease unduly the property values. And to
the contrary, there's opinion that it may help the
property values by having it there.
And we all know that we've gone through ups and
downs and recessions in real estate property values. And
a lot of things contribute. Homeless people in the
neighborhood do affect it, but whether the shelter is
going to be a negative impact, has not been demonstrated.
MS. DOUGALL-SIDES: From the Planning and Zoning
Board's perspective, the appellants have not met their
burden of Showing an arbitrary or capricious decision, or
the decision did not meet the essential requirements of
law. The appellants really haven't presented any hard
data on the property appraisals. They have not submitted
any appraiser testimony or other expert testimony. It's
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2
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7
8
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all been lay opinion as to the property values
fluctuating.
Many of the comments, again, relate to the existing
soup kitchen operation. Some of the witnesses purchased
their property well after the soup kitchen went into
operation. That soup kitchen, Mr. Shuford testified. is
a permitted use and did not even have to be through the
conditional use approval process. So it's there. It's
allowed to be there. And it's been there.
It's somewhat speculative to talk about what effects
may happen in the future from this proposed project. The
Board dealt with'that by imposing a three-year trial
period on the project. And after three years. it will
review any problems that exist, and it can, under the
code sections, revoke the approval or place additional
conditions on it. So that is their way of dealing with
some of the problems that were raised.
The Board did present expert opinion testimony to
the effect that the proposed use is compatible with
surrounding land uses and met the criteria for
conditional use approval. And as well, was both
consistent with and furthered provisions of the City's
housing element in its comprehensive plan.
Again, the Board heard very similar testimony in a
number of hours of hearings. And it made a reasonable
117
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decision on very similar witnesses and testimony. It was
2 not an arbitrary decision. It was supported by the
3 evidence and the evidence before the Board. And it's
4 been presented here today, the competent and substantial
5 evidence to support that decision.
6
MR. WARD: I have one further comment, if I may.
7 There's been a lot of discussion regarding this easement.
8 And I think the applicant acknowledges the fact that the
'9
Planning and Zoning Board placed a condition on this
/,
10 conditional use that was gran~ed, that there be an
11 easement going to Cleveland Street. And that they do not
12 own all of that property. And it is their opinion that
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13
they will work to endeavor to obtain that easement. If
14 they can not obtain that easement, that means they do not
15 ' meet a condition of the Planning and Zoning Board's
16 conditional use, and they will have to go to the Planning
17 and Zoning Board and deal with that. But it does not
18 invalidate the conditional use that was granted. It
19 ~eans that they can't use it. But it doesn'tmean that
20 the Board did not have sufficient evidence before them to
21
-- upon which to base their decision. And that1s an
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22 issue that will have to be addressed if the easement
23 cannot be obtained. And we recognize that, as well as
,:)
24
any other conditions.
25
MR. JOHNSTON: All right. Mr. Johnson?
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MR. JOHNSON: Miss Dougall-Sides seems to imply from
her argument that this is in the nature of a review by a
writ of certiorari, that you're supposed to look and see
what was before the Board and was there enough there. I
don't believe that's really how this works. The City
code says that the hearing officer shall review the
record and testimony presented at the hearings. So you
look at the record, and you look at this testimony. The
city code further provides that the burden is upon the
appellant to show that the decision of the Board cannot
be sustained by the evidence before the Board and before
the hearing officer. So you get to take all of this into
account. And you, basically, make a decision as to
whether the evidence is there to see that the applicant,
the appellee in this matter, has fulfilled all of these
conditions, which are imposed here.
This is not a case of being opposed to the
sheltering of homeless persons. This is a case involving
whether the City is going to follow the rules or not
follow the rules. And we would submit to you that
clearly the rules aren't followed here. That cornman
sense, as well as the evidence that was produced at the
Board level and here, demonstrates that several of these
conditions aren't met.
First, there's going to be a clear diminution of
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119
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property values in the surrounding area. Not a thousand
;,
2
feet away, but in the surrounding area. We've heard from
3 Dr. Jannelli, who is not only a property owner of
4 property immediately across the street from the proposed
5 shelter, but is also a long-time and sophisticated
6 investor in real estate. And we've heard from him that
1 on three occasions, people who have been interested in
8 exploring the possible purchase of his property have been
('
9
very concerned about the prospect of a homeless shelter
10 being placed in the neighborhood. We', ve heard from Pat
11 Wilson, .who has expressed her opinion as both an owner
12 and an investor of an apartment building and who lives
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13
there in the neighborhood that this will adversely affect
14 her.
15 In the piece of tape we showed you of the City
16 Commission meeting, you heard the City commissioners
17 express that this is an area of the city that they want
18 to build up, that this area of the city needs help. And
19 they turned down a church as being something that was
20 going to discourage development. That's why they didn't
21 want the church there. Well, if a church is going to
22 discourage development of this area, for heaven's sake,
23 what is a homeless shelter going to do? Common sense
24
simply tells you that it's going to have a diminution in
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property values of the immediately surrounding
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120
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properties.
2
Further, the location of this shelter is going to
3 detract from the public convenience. Clearwater is going
4
to become a magnet for homeless persons, as indicated in
5
the article where the police union chief is quoted. The
6 problem is not so much with the 48 persons who are going
7 to be housed in this facility. The problem is that the
8 word gets out that Clearwater is the great place to come.,
9 because they've got a place you can go. So it's not
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going to be the 48 people -- that will be a factor, the
11 48 people that are there -- but it's the entire magnet
12 that a soup kitchen today, and a homeless shelter
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tomorrow,. and if they're able to carry out their plan,
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average of eight days. The evidence before you shows
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that in a study done in upper pinellas County, almost 60
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121
1
this -- this is not family oriented. There is a little
~
2 bit of family space made available, but by their own
3 admission, this is oriented towards single individuals.
4 That almost 60 percent of them, by the homeless task
5 force own study, suffer from alcohol and/or drug abuse.
6 And about 14 percent of that approximately 60 percent
7 c have severe mental disorders. Those people are not going
B to get rehab in eight days. .. It won't happen. You just
"
9 don't turn it around like that.
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It's not compatible with the neighborhood. When you
10
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look at this board and you see everyone of those red
12
locations is where they can go buy alcohol, and do -- one
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of them right across the street. The access here is
14 totally open. It's just a walk across the street and
15 right in the back of th~ bar. That's not where you
16 locate homeless shelters for people who have alcohol
17 problems. That, again, is just common sense. That's
18 another reason l.ofhy it I S not, compatible with the
,19 neighborhood.
20 These people are simply going to come in here.
21 They'll have an eight-day stay, and then they're going to
22 ,be back on the street again. Again, having been
23
attracted to this area because of the facilities that
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have been put there. The Chief has also indicated that
25
there will be occasions when this facility is used as, in
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essence, a drunk tank overflow facility. That if there
2 are other facilities that they can't be taken to. then
J they'll be taken here. So then what happens? I don't
4 know whether those people go through the eight-day
5 program, or they're just brought there and they're left,
6 and then they leave. But again, they're dropped right in
7 the middle of a neighborhood that is populated by a
8 number of places to buy beer and wine.
9 You've heard testimony, again, going to the
10 detraction from the public convenience, of what happens
11 with the monopolization of the bus benches by these
12 persons who ar~ out in the neighborhood, taking over the
13
bus places so that people, legitimate users of the buses.
14 have to go elsewhere to catch the bus.
15 The mixed use of this neighborhood involves
16 condominiums. It involves apartments. It involves small
17 businesses. And it involves bars. That's not where
18 you'd put a home~ess shelter. This access issue ~- I
19 think by now everybody can see that they don't have the
20 access that's necessary -- what importance is that?
21 Should you look at the tape of the hearing before the
22 Board, you will hear Chief Klein, in good faith I
23 believe. telling the Board that he had the access. They
24
thought he had it. That wa~ an important factor for that
,25 Board. And I'm not accusing him of subterfuge. He'd
123
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never do that. I think he was surprised today when he
learned he didn't have that. But that's an important
fact that that Board relied on in making its decision.
And, I think, you can take that account into deciding
what you want to do.
Again, this is a case about following the rules. If
the City has ~his set of rules, this homeless shelter
doesn't get approved at this location. If the City wants
to change the rules, that's a different kettle of fish
entirely. But the City hasn't changed the rules. These
,
are the rules. And we don't think they've been met.
Thank you.
MR. JOHNSTON: All right. Thank you for your
presentations and your summations. My final order will
be rendered within 45 days from today according to the
procedures. And I would like to give the parties an
opportunity to submit proposed orders within 15 days from
today.
MR. JOHNSON: Does that include proposed findings of
fact and conclusions?
MR. JOHNSTON: Yes. And as a matter of
housekeeping, I believe that you have a videotape that is
supposed to -- are you going to make a copy of that?
MR. JOHNSON:. I'm going to give you the videotape,
and I need to give you reductions of those. And I'll
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furnishcthem with copies as well.
MR.' ~OHNSTON:
If there's nothing
Very good.
further that would' conclude today's p!oceedings.
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(The proceedings were concluded at 12:15 p.m.)
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1
CERTIFICATE OF REPORTER
o
2 STATE OF FLORIDA
3 COUNTY OF PINELLAS
"
4
I, LYNN MARY GEDERS, Court Reporter, certify
'5 that I was authorized to and did stenographically report the
6 foregoing deposition; and that the transcript is a true record
'i
7 of the testimony given by the witness.
i . J .
8
I further certify that I am not a relative,
.;. ~, ..' ".
'9 employee, attorney, or counsel of any of the parties, nor am I
"
10 a relative or employee of any of the parties' attorney or
11 counsel connected with the action, nor am I financially
12 interested in the action.
c_
" "<_) Dated this 10 day of February, 1997.
.~~ ~
LYNN RY GEDE~
COURT REPORTER
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L~ M. c;EDERS
Notary Public -Stote of florida
M1C<<nrn!U1on Ellplrec Sop 3. 21m
COrm\IUICn t CC582l93
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