Loading...
HEX Transcript 10/22/2020 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY HEARING EXAMINER Naples, Florida October 22, 2020 LET IT BE REMEMBERED, that the Collier County Hearing Examiner, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION at 2800 North Horseshoe Drive, Room 609/610, Naples, Florida, with the following people present: HEARING EXAMINER ANDREW W.J. DICKMAN ALSO PRESENT: Raymond V. Bellows, Zoning Manager Jaime Cook, Principal Environmental Specialist Heidi Ashton-Cicko, Managing Assistant County Attorney P R O C E E D I N G S MR. FRANTZ: Okay. We have a live mic. HEARING EXAMINER DICKMAN: All right. Good morning. Let's get started. Why don't we all -- this is the October 22nd, 2020 Hearing Examiner Meeting. So why don't we stand and say the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) HEARING EXAMINER DICKMAN: Great. Thank you. My name is Andrew Dickman. I'll be your Hearing Examiner. Today this is quasi-judicial, so we will be following those procedures. I'll get to those in a minute. For all of you who have phones and other things like me, let's turn them off, I'll remind myself to do that, so that we don't interrupt anybody during this process. So as you can see we're all in a glass cage here for social distancing. Everyone has masks on. I appreciate that. We are doing a hybrid where you've got folks online, folks here in person. The way we're going to do this is the applicant is going to use the brown podium and the county staff and anyone from the public that wishes to speak that's here will be using the gray podium. If you get up to the podiums and you're having trouble speaking because of your face coverings, you're welcome to take them off, but be sure that you put them back on before you leave, and I would really appreciate that. So for me I have no disclosures -- or my disclosures are that the only thing I have read are the staff reports and materials that have been submitted to me, and I haven't had any communications with any of the applicants, or anybody else, other than a document that was given to me in a one-way communication on Item 3B. It's a member of the public commenting on the application. As you can see we have a wonderful court reporter here with us today, and the only thing that she can capture, I think, on her transcribing is verbal communications. So if you want to wave, thumbs up, thumbs down, shake your head, I'm not quite sure how she's going to record that, so it will be better if you do everything verbal. The most important thing is that we get a clean record of this proceeding in the event that someone wants to appeal, or we just have it for the record, period. If anyone is going to testify today, they must do so under oath. We can do a -- right now a global swearing in, and then if anyone comes and they haven't been sworn in, we'll ask everyone, and if they haven't been sworn in, we'll swear them in at that point. So why don't we go ahead and swear in all the witnesses that are here today, and anybody in the virtual world, if you would also take the oath that would be great. So anybody who is a witness that's going to testify today, please, the court reporter will -- do I call you a court reporter? This really isn't a court. Okay. So the court reporter will administer the oath at this time. Thank you. (All parties were duly sworn and answered in the affirmative.) HEARING EXAMINER DICKMAN: All right. So just as a matter of business, are there any changes to the agenda? MR. BELLOWS: Yes. For the record, Ray Bellows, Agenda Item 3B has been continued. HEARING EXAMINER DICKMAN: Okay. So they're requesting a continuance, and I think I'm the one that has to continue it; right? MR. BELLOWS: Yes, and it's a date certain continuance. HEARING EXAMINER DICKMAN: Not you, but me? MR. BELLOWS: Yes. HEARING EXAMINER DICKMAN: That's what I thought. So who is requesting a continuance? MR. BELLOWS: It's my understanding that the applicant has requested the continuance. HEARING EXAMINER DICKMAN: Is the applicant here today? MR. FRANTZ: I don't think the applicant is here today. We did receive a form requesting the continuance. HEARING EXAMINER DICKMAN: Okay. So in the future, why don't we have -- I mean, I have that request for continuance or withdrawal. So that's your standard operating procedure, is to have them fill out a form and not show up at the hearing? MR. FRANTZ: Typically for other hearings they don't show up if they've asked for a continuance, and especially in this case, I believe it indicates the reason for the continuance is due to COVID exposure. HEARING EXAMINER DICKMAN: Well, that's good, that's all good and fine, and I appreciate that, and that makes sense, but keep in mind that these are quasi-judicial hearings, and the folks that may support or oppose this will never know that request happened, and they may be here. So in the event that I don't want someone with COVID to be here, but they could log on, I would like the applicant to make that request personally, and in addition to the report so... MR. FRANTZ: I do see now that Laura DeJohn is on the Zoom call, and she's indicated she is able to speak if you'd like. HEARING EXAMINER DICKMAN: Perfect, that would be awesome if she could do that. MR. FRANTZ: I will unmute her now. HEARING EXAMINER DICKMAN: I don't have a problem continuing it, but I do want to, for the record, to have the applicant state that. MS. DEJOHN: Good morning. Can you hear me all right? HEARING EXAMINER DICKMAN: Yep. MS. DEJOHN: Okay. Thank you for the opportunity to speak remotely. As Jeremy indicated, my son tested positive for COVID on Monday, and, therefore, I have to isolate for ten days, and there was no way to perform the hearing without being there in person, and I worked with the staff to file the continuance to request that this be to a date certain, December 10th, I believe. HEARING EXAMINER DICKMAN: Okay. So you're looking for December 10th date certain. You're getting whispers over here. Oh, you want to know who that is? MR. BELLOWS: That's the applicant. HEARING EXAMINER DICKMAN: She's Laura -- MR. BELLOWS: Laura DeJohn, she's the applicant. HEARING EXAMINER DICKMAN: No, she's the -- MS. DEJOHN: I'm the agent. HEARING EXAMINER DICKMAN: She's the agent for the applicant, yeah. Laura DeJohn, AICP, Johnson Engineering, and we certainly hope that you and your son are going to be fine, so I appreciate that. Anybody in the audience that wants to support or oppose this? MR. THORNTON: Good morning. My name is Chris Thornton. I'm with the Thornton Law Firm. I'm representing Santa Barbara Landings Property Owner's Association. I'm joined by Frank Cooper, the president, and Lia Hemphill, the treasurer, and like you said, we didn't know there would be a continuance, so we're here and ready to go, but we have no objection to your continuance due to the COVID issues. HEARING EXAMINER DICKMAN: Okay. Thank you very much. I'm going to grant the continuance, and just so staff understands that's exactly why I don't want to have these folks who have been noticed, that they're not aware of this. So I want to handle it this way. Continue with the applications. Thank you for sending it to me, but I want to give anybody an opportunity that is here, and taken the time to be here, to weigh in on that, for the record, but I am going to grant the continuance to a date certain of December 10th. If we could take note of that, and, once again, Laura, I hope you and your son, I think you said, are going to be fine. I'm sure you will be. MS. DEJOHN: Thank you very much. I'm sorry for the inconvenience. HEARING EXAMINER DICKMAN: Oh, no, that's no problem. Okay. So let's -- that was 3B, so leaves us with one item correctly -- correct? MR. BELLOWS: Correct. HEARING EXAMINER DICKMAN: All right. So let me just put this continued to 12-10. All right. So Item 3A is a petition at 280 Vanderbilt Beach Road. Does staff want to introduce this or does the applicant want to come up and go ahead and make a presentation? Is there anything else staff wants to say while he is coming up, as far as introducing this? Okay. Great. How are you, sir? MR. PIACENTE: Good morning. How are you? HEARING EXAMINER DICKMAN: Everybody's got their different masks. MR. PIACENTE: If you don't mind, I'm going to take my mask off. HEARING EXAMINER DICKMAN: Some people either lower it or one ear hanging. It's becoming a common thing. MR. PIACENTE: All right. Good morning, everybody. I want to thank you for the opportunity to present this petition before you today. At this time, I would like to introduce myself and the team and the owner for the project. My name is Ray Piacente. I am the authorized agent for the property owner. I'm employed with Stantec Consulting Services. I'm also taking the lead in the site civil design and permitting for the project. Also with me is Tim Hall. He is the project ecologist for the project. He is leading the environmental design and permitting for the project. Also, is David Krebs, he is the project architect. He is handling the building, permitting and design for the project. Also with us is John McGunn. He is the hotel manager for the property. He is representing the property owner. Also, we have several management and operations staff that are watching this presentation -- or this petition online. I want to thank everyone for taking the time and being here today. If you could, Jeremy, could you, please, put Exhibit No. 1 on the screen, please. Thank you. Yeah, if I could zoom out a little bit. I don't know if that's possible. I think that's good. Thank you. Okay. So the petition in front of us today is dealing with an existing dune crossover a boardwalk that was previously permitted and constructed back in the early 80's (sic) under Resolution 83-117. The expansion consists of roughly 286 square feet of additional boardwalk along that dune crossover, and the location of the dune crossover is in the southwest corner of the resort property that's illustrated with the red circle there on the illustration on the screen. Jeremy, can you put on -- could you, please, put exhibit number -- let's go with No. 3, if you could. Okay. Thank you. So as you can see from the illustration provided above, as I mentioned we're dealing with an expansion of existing boardwalk. The area highlighted in blue represents the existing boardwalk and Sand Bar, as I mentioned was previously permitted and constructed in the early 90's (sic). The expansion, which exists of 286 square feet, is represented in the three areas highlighted in red. So those represent the limits of the expansion. It should be noted that the expansion does not extend any further north, west or south than the current boardwalk. Okay. So over the many years of use the resort has experienced significant congestion along this boardwalk, and as a matter of life safety between the bar patrons, the resort residents and guests entering and exiting the beach, there is an immediate need to widen this existing boardwalk. The application addresses the construction of the boardwalk. The boardwalk will be constructed by a cantilever system; therefore, there will be no more additional piles to support the new structures. Everything will be cantilevered from the existing piles and support structural system for the project, so there are no new piles proposed. In addition -- in addition, there is no new lighting proposed for the project. I know in the information that was previously provided with the application, particularly the -- the conservation and construction -- I'm sorry -- the coastal management element document, there was a scrivener's error on that document; basically stated there was new lighting. There is no new lighting proposed, only the existing lighting that's currently along the boardwalk would be relocated to the new limits of the boardwalk expansion. Based on the construction method that's proposed, which is the cantilever system, there is little to no impact to the surrounding dune or native vegetation areas. There are three gopher tortoises that have active burrows, which are approximately 35 to 47 feet from the proposed improvements; and prior to construction of any improvements, the area will be resurveyed by our project ecologist to identify any changes or any sea turtles that might have nested during that time. We anticipate -- I'm sorry -- we -- our goal is to have all our permits obtained so construction can start next year during the summer months, so, therefore, if there is any additional local permits that need to be attained through Collier County, those will be applied for and attained prior to construction. Again, we thank you for your time. We agree with the staff's recommendations provided. The proposed project complies with all of the GMP policies, and we would ask for this petition to be approved, based on staff's recommendation. If you have any more questions, we would be happy to answer those. Thank you. HEARING EXAMINER DICKMAN: Okay. So with all the names that you listed, it seems like you filled up the room with your team. MR. PIACENTE: Yes. HEARING EXAMINER DICKMAN: Do you have anybody else you want to put anything on the record for, or you just have them here to answer any questions? MR. PIACENTE: Yeah, they're just here to answer any questions. HEARING EXAMINER DICKMAN: So when you say Sand Bar, that is actually a bar there? MR. PIACENTE: That is correct. HEARING EXAMINER DICKMAN: And in terms of, just so I understand, there is -- there is a sandy beach between your property line and the mean high water line, or is that an easement, public easement? I'm looking at your survey. MR. PIACENTE: One that is shown on page -- Exhibit No. 2? HEARING EXAMINER DICKMAN: This one is -- MR. PIACENTE: I might want to ask Tim to come up to answer these questions. HEARING EXAMINER DICKMAN: I'm -- just out of curiosity, I'm wondering. It's an aerial with lines and dimensions on it showing where things are, and it looks as though out of curiosity, I see where the CCCL is, and I see the mean high water line, so it looks as though there's -- and then you have your erosion control line, so how far down does your property go? MR. PIACENTE: Our property -- our property line, if you can put up Exhibit No. 2, Jeremy. I might not have the documents in front of me to identify the exact distance. HEARING EXAMINER DICKMAN: Mine looks like this (indicating). MR. PIACENTE: Okay. Was that included in the package? HEARING EXAMINER DICKMAN: It was included in the staff report. MR. PIACENTE: Okay. Yeah. Okay. HEARING EXAMINER DICKMAN: Is there someone here that's familiar with the property? MR. PIACENTE: Well, basically the property line is represented -- it's not really labeled on -- it's actually the dash dot line there that's represented in the bold. HEARING EXAMINER DICKMAN: Uh-huh. MR. PIACENTE: So the property line for the Ritz Carlton actually extends towards the Gulf of Mexico. It's located within the beach. I don't have the exact dimension in front of me, but it's probably well over -- it's probably well over 100 feet from the edge of the existing boardwalk to the boundary line. HEARING EXAMINER DICKMAN: Okay. Yeah. So maybe staff can answer that question if you guys can't, but I'm just -- I'm reading this. It's got your Stantec on it, aerial with site plan overlay 305, dated April 2020, and I'm just curious whether your site -- whether your property lines go down to the mean high water line, or if they don't, by legal description? MR. PIACENTE: The -- basically our property line does extend above beyond -- well, it varies, but within this area of the property, the property line does extend beyond the approximate seasonal high water line. HEARING EXAMINER DICKMAN: Yeah, I'm reading your legal description. I'm not a surveyor, but it does say coastal construction line, more or less to the mean high water line of the Gulf of Mexico, so, I don't know if you got this from the property appraiser, but that's -- I'll ask staff the question. MR. PIACENTE: Okay. HEARING EXAMINER DICKMAN: I'm just curious if there's an easement down there or not, because you're showing quite a bit of space between what you're showing here as the property line boundary, and what looks like the water line. Now, obviously there's high tide and low tide, but you definitely have all of your chairs and umbrellas landward of that line, so it suggests that that's the line. MR. PIACENTE: Okay. HEARING EXAMINER DICKMAN: You got a lot of people here. I'm surprised that nobody can answer that question. Okay. Thanks. Stick around. MR. PIACENTE: Okay. I can -- I can try to research and get that information to you before the end of this hearing. HEARING EXAMINER DICKMAN: Okay. Sure. Maybe county knows. All right. Let's go to the county. MS. COOK: Good morning. Jaime Cook, Principal Environmental Specialist with Development Review. HEARING EXAMINER DICKMAN: Jaime, just a question, these were in the staff report? MS. COOK: Correct. HEARING EXAMINER DICKMAN: You're familiar with those? MS. COOK: Yes. HEARING EXAMINER DICKMAN: All right. MS. COOK: Staff does recommend approval of this petition, because we do find the petition is in compliance with the Land Development Code, but simply because they are building seaward of the coastal construction setback line, they needed a variance. With regards to your other question about the property line, the property line is about 30 feet east of the mean high water line. HEARING EXAMINER DICKMAN: Okay. Is the rest of that part of -- MS. COOK: Public access. HEARING EXAMINER DICKMAN: Yeah, I know you do do some renourishment, so the Army Corps would require some kind of easement, so there is a public easement through there? MS. COOK: Correct. HEARING EXAMINER DICKMAN: That's what I thought. That's what I was getting at, so you guys know. Another question for you, I'm not sure if there was a typo, or if I'm reading it wrong, on Page 6 of 8 of your staff report, staff comment, the proposed structure is 133.5 feet landward of the mean high water line, which does meet the LDC requirement that construction must be more than 150 feet landward of the mean water line. MS. COOK: I did see that. It is a typo. It does not meet that, nor does it meet the vegetation setback of 75 feet, however, because there are other structures in the area and this proposal is consistent with those other structures, that is our reason for recommending approval. HEARING EXAMINER DICKMAN: I understand that. I just wanted that -- that confused me. So in the future if you guys have typos and corrections, it's better to do it here at the hearing, because does meet and does not meet is important for me. MS. COOK: Correct. You are correct. HEARING EXAMINER DICKMAN: Was there another one anywhere in here? MS. COOK: Not that I know of. HEARING EXAMINER DICKMAN: Okay. All right. That's just proof that I do read these carefully. All right. So you're recommending approval. Any conditions? MS. COOK: Just standard conditions of approval, that if any sea turtles, gopher tortoises, dune vegetation, native plantings in the dune... HEARING EXAMINER DICKMAN: Okay. All right. And when I first read this, I thought that they were just doing a repair, but they actually are expanding the -- MS. COOK: Correct. HEARING EXAMINER DICKMAN: -- the footprint of it? MS. COOK: Correct. HEARING EXAMINER DICKMAN: Okay. No new pilings, just decking? MS. COOK: No new pilings, it will all be elevated. HEARING EXAMINER DICKMAN: Okay. And he said it was for life safety? MS. COOK: Correct. HEARING EXAMINER DICKMAN: Is that your understanding as well? MS. COOK: That is my understanding. In conversations I've had with him, that boardwalk is very narrow and people kind of congregate at the bar, making it difficult for people to get by. HEARING EXAMINER DICKMAN: So it's kind of a self-created life safety problem, especially if they're drinking heavily. All right. Commentary aside. All right, don't go anywhere. MS. COOK: Okay. HEARING EXAMINER DICKMAN: Okay. Anybody here from the public that would like to speak on this matter? (No response). HEARING EXAMINER DICKMAN: Anybody in the virtual world? MR. FRANTZ: We do have one person registered here in the room and several online. I think it was indicated earlier that some of these folks are part of the team for the agent. So I'll call the names, but I'm not sure if everyone is going to speak. HEARING EXAMINER DICKMAN: Well, hold on, for the agent, the applicant was just here. Did you guys need anybody to speak? (No response). HEARING EXAMINER DICKMAN: I mean, you guys are all part of one team; right? I'm just asking for the general public for or against. MR. FRANTZ: I see a couple of Ritz Carlton e-mail addresses, but I'm not sure if everyone on here is with the team, so I'm going to call the names. HEARING EXAMINER DICKMAN: Yeah. Go ahead and call them off. MR. FRANTZ: The first person I see that I'm not sure is with the team is Nathan Nicholson. HEARING EXAMINER DICKMAN: Ray? MR. BELLOWS: Yes, sir? HEARING EXAMINER DICKMAN: Sorry. Yeah, Ray, you were the one that was -- is Ray here? MR. PIACENTE: Yes, sir. HEARING EXAMINER DICKMAN: Why don't you come on up and tell us if the names Jeremy is reading off, if they're part of your group or not. MR. PIACENTE: Yeah, Nate Nicholson is the owner's representative, for the owner. HEARING EXAMINER DICKMAN: Jeremy, next? MR. FRANTZ: The other two names registered for this item have Ritz Carlton e-mail addresses. Actually, I don't even see them on the list of participants in Zoom. Good. MR. PIACENTE: Yeah, obviously, they're probably members representing the owner. HEARING EXAMINER DICKMAN: Okay. MR. PIACENTE: Yep. HEARING EXAMINER DICKMAN: All right. Very good. So I have a written correspondence that was forwarded to me, and it looks like it is -- you want to explain this to me? MS. COOK: Sure. Again, for the record, Jaime Cook, Principal Environmental Specialist. I received, after the signs were posted for the hearing, I received several phone calls from area residents inquiring about the project. This card was sent to me on Friday, I received it, however, there's no phone number or e-mail address to contact them, and the card was mailed from New Jersey. So I'm not entirely sure if they knew what the project was. HEARING EXAMINER DICKMAN: Okay, that's fine, and just for the record, I mean, it's fine if people contact you, you know, that's the whole point of putting the sign out there, but it's incumbent on them to submit some type of written, I mean, e-mail. This card is very nice. It's from Don and Peggy Redling, I think it is, Bay Colony Drive, No. 120 -- or one something, and they're in opposition to this. So I've read it. And people out there who do want to make comments, please, take note of those, send in an e-mail, something that I can see, because I can't take commentary after this hearing. This is where the record is made. The applicant has the right to know who is supporting or opposed to that, and be able to rebut anything that they're saying. Have you seen this document, sir? MR. PIACENTE: Which document is that? HEARING EXAMINER DICKMAN: From Don and Peggy. You want to take a look at it? MR. PIACENTE: Sure. HEARING EXAMINER DICKMAN: Just in case you want to rebut something. Do you want to pass that along. I guess we're in rebuttal. Anything online, Jeremy? MR. FRANTZ: There is no one else. HEARING EXAMINER DICKMAN: Let's give the other Ray a chance to read that. MR. BELLOWS: Yeah. MR. PIACENTE: Yes, we would disagree with this argument. HEARING EXAMINER DICKMAN: Okay. All right. MR. PIACENTE: If I may -- HEARING EXAMINER DICKMAN: Okay. So we're done with the public. We're closing the public hearing. Thank you, sir. I appreciate that. If you would like to give some closing remarks? MR. PIACENTE: Yes. I just -- in the matter of the life safety, we -- I neglected to show a few photographs, just to kind of demonstrate our argument. If Jeremy can pull up one of the two photos? HEARING EXAMINER DICKMAN: This should be interesting. MR. PIACENTE: So, basically, these are recent photographs. You can see by the individual who is wearing a mask, of some of the concerns that the resort has with bar patrons, as well as with beach-goers going back and forth, and with the expansion it's -- it's the consultant team's and the owner's opinion that by expanding the boardwalk, it will definitely provide more egress, so as to alleviate some of the constraints there between bar patrons, guests and beach-goers. HEARING EXAMINER DICKMAN: The date of that is what? MR. PIACENTE: I want to say that's October 10. HEARING EXAMINER DICKMAN: 10/10. MR. PIACENTE: I believe the previous photo is dated September -- let's see -- September 6th. HEARING EXAMINER DICKMAN: Does the Ritz enforce the mask rules, social distancing, wearing a mask, CDC guidelines? I know the State of Florida doesn't anymore. MR. PIACENTE: I would have to defer. THE COURT: I mean, only because you brought up life safety as the reason for this. MR. PIACENTE: Right. Well, again, this petition was filed before COVID-19. We just feel from a life safety perspective of having too many individuals within a very tight space, it's our opinion that with the widened deck, that will help alleviate that. To our knowledge, there hasn't been any trip and falls in this area. There have been other instances along some of the other boardwalks which are much wider. HEARING EXAMINER DICKMAN: Okay. Do you have something else? MR. MCGUNN: My name is John McGunn. I'm the hotel manager. I've been at the property for 11 years, so thank you for your support. HEARING EXAMINER DICKMAN: I'm not supporting -- I mean, I'm not -- I'm not making a decision. I'm listening. MR. MCGUNN: Thank you for your time today. Marriott International has a mask -- we have a mask policy that we enforce, and we have signage, and we do our very best to enforce the mask policy. As far as the boardwalk expansion, if you can imagine a one-lane highway with anywhere between three and 5,000 people that can go by that boardwalk on a daily basis. HEARING EXAMINER DICKMAN: Right. MR. MCGUNN: And as you can see from the pictures with the bar patrons, sometimes you have to weave in and out of traffic in order to try to get to the beach access, and that's our main access to get to our beach. HEARING EXAMINER DICKMAN: Well, there's three of them; right? MR. MCGUNN: Yeah, but that's the main one where we have the beach hut with the towel center for guests, so they can check in at that beach hut and walk to the bottom of that boardwalk. HEARING EXAMINER DICKMAN: Right. Well, I can definitely see why people would be nervous walking by that crowd of people at the bar without masks on. MR. MCGUNN: Right. HEARING EXAMINER DICKMAN: Jeremy, can you make sure I have copies of these photos? MR. FRANTZ: Sure can. HEARING EXAMINER DICKMAN: Thank you. Anything else? MR. PIACENTE: No, I believe that's it. HEARING EXAMINER DICKMAN: All righty. County, any -- environmental specialist? I'm sorry. I'm going to learn everybody's names sooner or later. MS. COOK: Jaime Cook, for the record. No, we have nothing additional. HEARING EXAMINER DICKMAN: Nothing additional. All right. So I think we're done with this. I will take everything under advisement and render a decision as expeditiously as possible. So thank you for your time. MR. PIACENTE: Thank you. HEARING EXAMINER DICKMAN: Anything else on the agenda, guys and ladies? MR. BELLOWS: No. Quiet day. HEARING EXAMINER DICKMAN: Quiet day. No. No jokes or nobody -- I came all the way over here. All right. I thank you all for your time and thank you for abiding by the social distancing and everything here in the county. Just so you know, I don't know if you were told, I don't render a decision here, that, you know, I take everything into advisement, and then I have up to 30 days to render a decision. Okay. MR. PIACENTE: Thank you. MR. MCGUNN: Thank you. HEARING EXAMINER DICKMAN: Thanks a lot. * * * * * * There being no further business for the good of the County, the meeting was adjourned by order of the Hearing Examiner at 9:35 a.m. COLLIER COUNTY HEARING EXAMINER ___________________________________________ ANDREW W.J. DICKMAN, HEARING EXAMINER These minutes approved by the Hearing Examiner on _________, as presented _______ or as corrected _______. TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY JANICE R. MALINE, COURT REPORTER AND NOTARY PUBLIC. 4