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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 Countyadopt it, as it is a State law. <br />Commissioner Rich said she too is not supportive of this, and feels it is notwell thought <br />out by State. She said if OrangeCounty can make this better, it should do so. <br />Commissioner Jacobs asked if since many of the Board members do notfeel that this <br />amendment is adequate, would it be possible to tablethe amendment and refer back to staff <br />with some suggestedchanges 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 referredback to thePlanning Board. <br />Chair McKeeaskedif 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 rulesmore transparent to thepublic. She asked if someonewanted to create <br />a temporary health care structure, and the County doesnot have it in their UDO, can a person <br />still proceed through State law. <br />Commissioner Pelissier said shedoesnot 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 />contingencythat it would comeback in February2016. <br />John Roberts said a motion to approve contingent on otherthingsfor an ordinance, is <br />not an approval. <br />John Roberts said section 2.8 of the UDO does say that theBoard 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 theBoard deems appropriate. <br />Commissioner Pricesaid the Board has expressedtheirconcerns ofwanting something <br />less restrictive. She asked if Orange County created a less restrictive policy, would theState <br />policytrump 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 theState is setting a standard and he believes the County can <br />tailor it to local needs. <br />Chair McKeeasked if anyone has applied to make a temporary healthcare structure. <br />Ashley Moncado said no, butthere 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 wasmade by Commissioner Jacobs, seconded by Commissioner Priceto <br />reopenthe public hearing. <br />VOTE: UNANIMOUS <br />A motion wasmade 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 /> 40