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John Roberts said this has been the law for more than a year now, and he has to <br /> recommend that the County adopt it, as it is a State law. <br /> Commissioner Rich said she too is not supportive of this, and feels it is not well thought <br /> out by State. She said if Orange County can make this better, it should do so. <br /> Commissioner Jacobs asked if since many of the Board members do not feel that this <br /> amendment is adequate, would it be possible to table the amendment and refer back to staff <br /> with some suggested changes the Board would like to see, so that it is more tailored to what <br /> the Board believes to be appropriate. <br /> John Roberts said this is new ground for him. He said the public hearing would need to <br /> be re-opened and the item referred back to the Planning Board. <br /> Chair McKee asked if the Board could open the same public hearing that was just <br /> closed. <br /> John Roberts said he thinks so, but would research this now. <br /> Commissioner Burroughs asked how long the process would take, if the Board passes <br /> this amendment now and re-visits it through the UDO. <br /> Ashley Moncado said probably the February QPH would be the earliest timeframe. <br /> Commissioner Pelissier said the other reason that she would vote for it is because it <br /> would make the rules more transparent to the public. She asked if someone wanted to create <br /> a temporary health care structure, and the County does not have it in their UDO, can a person <br /> still proceed through State law. <br /> Commissioner Pelissier said she does not like what the State is doing. <br /> Ashley Moncado said this amendment is not in Orange County's UDO, and that is the <br /> main concern of the planning staff. <br /> Commissioner Pelissier asked if the Board could approve the amendment, with the <br /> contingency that it would come back in February 2016. <br /> John Roberts said a motion to approve contingent on other things for an ordinance, is <br /> not an approval. <br /> John Roberts said section 2.8 of the UDO does say that the Board can reopen the <br /> public hearing, as the Board is still present, and refer it back to staff and the Planning Board <br /> with any direction the Board deems appropriate. <br /> Commissioner Price said the Board has expressed their concerns of wanting something <br /> less restrictive. She asked if Orange County created a less restrictive policy, would the State <br /> policy trump that of the County. <br /> John Roberts said there is nothing in the state's language that implies it would preempt <br /> the county's wish. He said the State is setting a standard and he believes the County can <br /> tailor it to local needs. <br /> Chair McKee asked if anyone has applied to make a temporary health care structure. <br /> Ashley Moncado said no, but there have been inquires. <br /> Commissioner Rich asked if there is a process to determine if three people living in one <br /> structure are unrelated. <br /> Ashley Moncado said most of the County's code enforcement is complaint driven. <br /> A motion was made by Commissioner Jacobs, seconded by Commissioner Price to <br /> reopen the public hearing. <br /> VOTE: UNANIMOUS <br /> A motion was made by Commissioner Jacobs, seconded by Commissioner Price for the <br /> Board to refer this item back to the Planning Board and staff and solicit comments from Board <br />