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was a time after Hurricanes Frances and Jeanne that the residents were moved back in prior to their departure on April 1, 2005, Ms. Wakefield said it was October 5, 2004. Attorney O'Haire asked Ms. Wakefield if she could explain why the place might have appeared vacated to area residents in 2004, and she thought perhaps they were confusing the hurricanes (Wilma versus Jeanne and Frances). Looking at her journals, she was positive that her timeline is accurate. Chairman Bowden asked Ms. Wakefield if she physically saw people at Alcohope during the questioned period. Ms. Wakefield saw them there in early 2005 (February maybe). Vice Chairman Davis also questioned the time period of occupancy, where, according to Ms. Wakefield's testimony, the facility was vacant 4/1/05 and it was not reoccupied until 5/16/06, which is more than a 12 -month period. Attorney Henderson said they conceded that and explained that they have not been arguing that. He said the intended use of the property by The Source is really irrelevant, but there has been testimony regarding that and he felt like he must clear that up, and would ask Tom King to return for questioning. Commissioner Wheeler said if it would make a difference, he agreed with Attorney Henderson, and felt the testimony and what the use of the facility is, was irrelevant. He explained why it made no difference. COMMENTS FROM COUNTY STAFF AND BOARD MEMBERS County Attorney William Collins presented the issue as it has been framed by Attorney O'Haire "that there has been cessation of use for over a year," noting that even by the chronology of New Horizons as presented (at page 128 of backup) and the burden of proof approving abandonment of non -conforming use, lies with the party asserting that abandonment. April 24, 2008 43 Special Call Meeting (The Source)