BCS-22-0271

Published agenda

3 appearances between Jun 21, 2022 and Aug 24, 2022 — continued 2 times.

OutcomeAdopted by the Board of County Commissioners on Aug 24, 2022

Approved to adopt by roll call vote with a revision to the title to remove the prohibition of Stem Walls with Commissioner Mariano voting nay.

Official title

An Ordinance By The Pasco County Board Of County Commissioners Amending The Pasco County Code Of Ordinances, Chapter 18 Buildings And Building Regulations; Providing That Appeals Of Actions Taken Or Denial Of Proposed Construction Shall Be Heard By A Hearing Officer Using Same Rules And Procedure As Demolition Appeals When Such Denials Are Based On Load And Flood Requirements; Repealing Local Technical Amendments To Florida Building Code That Have Been Incorporated Into Florida Building Code By The State; Adding Requirements For Submittal Documents For Commercial And Residential Structures; Amending Definition Of “Substantial Improvement” To Clarify That Repairs Or Improvements Shall Be Calculated Based On The Cumulative Value Of Forty-Nine Percent And Repairs Made Within A One-Year Time Period And Clarifying When Corrections Of Code Violations May Be Excluded From Substantial Damage Calculations; Prohibiting Stem Wall Foundations In Coastal A Zones, Limiting The Use And Partition Of Enclosed Spaces Below The Design Flood Elevation; Correcting Incorrect Internal References And References To The Land Development Code Where Necessary; Providing For Applicability; Repealer; Providing For Severability; Inclusion Into The Code Of Ordinances, And An Effective Date.

On a calendar

Jun 21, 2022 → Aug 24, 2022 · click a mark to jump to that appearance

Every appearance2 of 3 are in a recording

TranscriptWhat was said at each appearance is below it. Machine transcription, with speaker names inferred from voice matching. 88% of 152 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong. 1 of the 3 appearances are not in any recording, so what was said at those is not here.

1Jun 21, 2022
Board of County CommissionersP63Public hearingContinued
Approved minutes
Continued to the August 9, 2022 Board of County Commissioners meeting at 1:30 p.m.
Open this item →
under a minute
Nikki Alvarez
Thank you. P sixty-three. Item P sixty three was published in Tampa Times on May eighteenth, twenty twenty two.
Denise
P sixty three is BCS twenty-two zero two seven one. Likewise, this was also published in the agenda as a continuance to the August 9th, 2020 Board of County Commissioners meeting at 130 in Dade City.
2Aug 9, 2022
Board of County CommissionersAP176Public hearingContinued
Approved minutes
Approved to continue the item to the August 24, 2022 Board of County Commissioners meeting at 1:30 p.m. in New Port Richey.
Open this item →No recording
3Aug 24, 2022
Board of County CommissionersP66Public hearingAdopted
Approved minutes
Approved to adopt by roll call vote with a revision to the title to remove the prohibition of Stem Walls with Commissioner Mariano voting nay.
Open this item →
22m
Kathryn StarkeyChair
We have proof of publication of a previous meeting. This was continued at both the June twenty-first, twenty twenty-two board meetings. to August the ninth and then again at the ninth to this day.
Ron Oakley
Madam Chair, item P sixty-six is an ordinance by the Pasco County Board of County Commissioners amending the Pasco County Code of Ordinances, Chapter 18, Buildings and Building Regulations.
Taken or denial of proposed construction shall be heard by a hearing officer using same rules. and procedure as demolition appeals when such denials are based on load and flood requirements Repealing local technical amendments to Florida building code that have been incorporated to into Florida Building Code by the state, adding requirements for submittal documents for commercial and residential structures, amending definition of substantial improvement to clarify that repairs or improvements shall be calculated based on the cumulative value of 49% and repairs made
within a one-year time period. And clarifying when corrections of code violations may be excluded from substantial damage calculations, prohibiting stem wall foundations and coastal A zones, limiting the use and partition of enclosed spaces below the design flood elevation, correcting incorrect internal references and references to the land development code where necessary, providing for applicability, repealer, providing for several inclusion into the code of ordinance. and an effective date and the presentation will be made by Sr. Yemi,
the building official.
Kathryn StarkeyChair
Good, because I just heard something that said no stem walls. But I thought in all my meetings we had stem walls.
Esther Lemie
Yes, for the coastal area. We have to say more.
Kathryn StarkeyChair
So why what did we just say with no stem walls? Because I'll be voting no on that one then.
That is not what was in my meetings.
Mike Moore
All right.
Anthony Mistracio
Can't leave Mistracio, Deputy Building Official. Chair uh Starkey. Uh yes ma'am, that is an error. Initially when the ordinance was developed, we did look at that as we had discussed. And due to the construction costs, as you know, when we did our research, it would just outweigh the benefits tremendously. Right. So that was removed, yes ma'am.
Kathryn StarkeyChair
Okay, so we need to correct this language. Yeah, that should be stricken from that area. Okay. Yeah, that was that was in every single one of my
Sally Sherman
meetings.
Chair Sally Sherman, Deputy County Administrator, the what was read into the record is the title that was advertised.
So
Mike Moore
a motion will have to be made to change that to amend it.
Unidentified speakerVoice A
Okay, we'll just amend it. Will you That's what you advertised. So is it is the change more stringent or more liberal? It's it does the it
Sally Sherman
it the it has been removed.
Unidentified speakerVoice A
That didn't answer my question. More stringent or more liberal?
Then you can then the title in the motion the title can be revised uh as long as this this is not be becoming more stringent.
Okay,
great.
Mike Moore
No. I know I just oh you c beat me beat me too and you beat me too and I was like, I think that's an air.
Esther Lemie
Thank you, Madam Chair. So this this afternoon I'm here to present uh this amending Code of Ordinance, Chapter 18, Buildings and Building Regulations. And Pasco Carrie Strategic Plan approved October 2021, Goal 1.1 states to promote and participate in the national flood insurance program. Uh really, uh Pasco County has been a member of the National Flood Insurance Program since November eighteenth,
nineteen eighty one.
And this allows residents of Pasco County to purchase federally backed flood insurance. And also we are participating in the community rating system. And this allows a particip uh citizens to uh providing them discount in their insurance premium. And right now we are class six rating. The lower the better. So with that it gives us opportunity to have twenty percent
discount on all insurances for people in the special floor hazard areas.
Next. So Pasco County Floor Zone Map has been adopted by FEMA since June 2020, and the overview is that Pasco County is in class six. CRS rating and uh a 20% discount and our the number of policies that are held by Pasco citizens as of twenty twenty-one is nineteen thousand plus, with a total savings of three point one million dollars.
The proposed regulatory changes are four in number. And the first one is That uh appeals of actions taking or denial of proposed construction to be heard by hearing officer using the same rules and procedures as demolition appeals.
The second one is requiring non-conversion agreements for certain structures under elevated buildings. And this is just to ensure that enclosed area below elevated buildings and below base flood elevation is recorded publicly. That is to allow our citizens or pro. prospective citizens to be able, homeowners to know that that area is inhabitable. The third one is repealing
local technical amendments that have been incorporated into the Florida Building Code. We just figured out that there is no need duplicating efforts. Once it's already in the Florida Building Code, which I like to take it out of the Code of ordinance. Then the fourth and the last one is updating definition of substantial improvement. So staff is recommending approval of this and uh by recall. Excellent. Any questions? Well
Kathryn StarkeyChair
I got mine answered. Commissioner Mariano.
Jack MarianoVice Chair
On page six of eleven, it talks about minor grading and the placement of minor quantities of fills shall be permitted for landscaping. And for drainage purposes, under and around buildings, in support of parking slabs, pool decks. Mm-hmm. But you've got that red lined out. Why is that red lined out?
Esther Lemie
Which one?
Page six of eleven. Number four.
Jack MarianoVice Chair
Yeah.
Esther Lemie
Bismuth.
Jack MarianoVice Chair
Okay. But they
Kathryn StarkeyChair
have to do
Jack MarianoVice Chair
the right-of-way. Page six of eleven. Starts with minigrating, it's red lined out.
Unidentified speakerVoice B
Because that's in the photographic code now for minigrating and also in the PEMA technical bulletin.
Jack MarianoVice Chair
So just like you said, we took it out because we don't need it. Okay. Next page over page seven of eleven. It said the period of accumulation begins when the permit for the first improvement or repair of such each building is issued. And extends for one year. Un or until the permit is closed.
Chairman
Mm-hmm.
Jack MarianoVice Chair
That accumulation return time is over. Okay. Um
The next line the next section right in that number one, you've got a red line in here. It's except when the damages are caused by willful intent. or accumulative neglect by the owner or owners. Didn't they have different language of that with the state or the feds?
Unidentified speakerVoice B
No, that That was that was added by a county attorney.
Jack MarianoVice Chair
Okay, so we talked about this and this was gonna be pulled out.
Yeah. Okay. So we've added a f a line in here and try to imagine a permit declaration. Uh item number one under the next under the next page, page seven eleven. The term does not however include either. And it puts a red line in here of except when the damages are caused by willful intent. or commute commutative neglect by owner or owners. And it's not in the Feds or the State's other paperwork we just added in by Attorney's Office. Is that what you're saying? Okay. So I want to get that stricken
note. I don't want to change What the states and the Fed have done to make it any more cumbersome because you could have a Permit tech or whatever, looking at this and just make any decision on their own what they think was willful intent or commutative neglect.
Unidentified speakerVoice B
This is this is after a um violation. So if they if they if they're destroying their house and then asking for substantial improvement as like a loophole
Esther Lemie
So I'm permitted commissioner permitted commissioners.
Jack MarianoVice Chair
is a separate line that we're adding in, correct? Correct. I don't want to add in any extra lines.
Kathryn StarkeyChair
Okay, Barbara's approaching and she worked a lot on this, so guys I'm gonna let her speak. Um
Barbara Wilhite
Barbara Will Hide again, [address removed]. Sat in lots of I think it's just an oversight. Sat in a lot of meetings where that language gonna was gonna be removed. That's what I thought.
And not from this one. So And I could there's email traffic with the county attorney's office. They were okay with it being removed, so I I'm okay with it being removed and
Kathryn StarkeyChair
Okay, so uh if the structure has sustained substantial damage or
Christina Fitzpatrick
Was that added to prevent someone from damaging their own property or letting something
Kathryn StarkeyChair
here? That's why it was added.
Christina Fitzpatrick
Because if I go and damage my home And now I'm allowed to do more than fifty percent. So It sounds like it should be in Yeah.
Okay. County Attorney?
Unidentified speakerVoice A
This was specifically added for the property in your district, Commissioner Mariano. But if you want it out, we'll take it out.
Jack MarianoVice Chair
To me, I don't want like I said, I don't want to make it any more different, any different than what the state or the federal regulation, just because we're going to go throw a line in, I don't want to complicate the matter when that gets to staff.
Kathryn StarkeyChair
But I agree with um Not being allowed to damage your own property and then Make a run around. So is there a different way to say it?
Jack MarianoVice Chair
Um I gotta think it's already in the statutes the way it's listed. And this is just going over the top putting extra language in, which no other Feel more Regulation that they they know of has it, no state. So why do I want to be more intense on a line that could actually be very difficult, especially that cumulative neglect.
Christina Fitzpatrick
Because if you purposely neglect your property or you cause Damage to your property. Now you're allowed to do more than forty nine percent of upgrades without having to wait.
Jack MarianoVice Chair
Tell me how they describe the other part of it. We'll give we'll go back to that one. Cumulative neglect, what does that mean? Just tell me that one there, cumulative neglect. What does that mean?
Christina Fitzpatrick
Is it a timeframe that you're neglecting your property? Then
Jack MarianoVice Chair
who's
Christina Fitzpatrick
judging that?
Unidentified speakerVoice A
If you've not if you've let your roof Disintegrate to a point where the structure is now has to be totally rebuilt, that would be cumulative neglect.
Kathryn StarkeyChair
I d I I don't want to occur encourage that.
Jack MarianoVice Chair
I don't no, I don't want to encourage it either, but my point to everything that we're doing here is I want to match what the State and the Feds needs to make sure we get the protections in for our citizens to get the best discounts they can and set ourselves up. But I don't want to go more intense what the state does. If nobody else has included that language in there, why are we including it in there? I don't see the necessary move for that.
Mike Moore
Mr Madam Chair? Yep. Mr. Steinsnyder. I mean, I know you were involved, right, in help work on this. What are your Lots.
Unidentified speakerVoice A
We added it to close a loophole because of enforcement cases that we've had to proceed on behalf of the county. That's why it's there. Okay.
Kathryn StarkeyChair
So this one I'm inclined to support staff on this one because I I don't want To encourage
John Cain
Yeah, I would
Kathryn StarkeyChair
Slum and Blight. Slum and Blight. Yeah.
Jack MarianoVice Chair
I agree.
Kathryn StarkeyChair
I agree.
Jack MarianoVice Chair
Uh let me have Barbara talk to her because we've talked about this extensively. If you want to talk, Barbara.
Kathryn StarkeyChair
More? Seriously. This is this was something that was supposed to be out. Well I'm I I I frankly am glad it's in.
Christina Fitzpatrick
And if someone has a small leak in their home and they just let the leak get larger and larger and larger until it finally bursts and ruins your whole floor or your whole bedroom and or your whole attic or if you're on a second floor and you allow that little simple leak to get worse and then now you have a tub falling through to the bottom floor. You don't want to Allow
Kathryn StarkeyChair
Well what I what I see is we have we would have dilapidated Um properties around the county that when they come in now to rebuild, they're gonna get around They're going to be allowed to get around um The intent. And I have a neighbor across the street. Uh there's a gentleman who has two houses in Gulf Harbor which he's letting fall apart, so Barbara.
Barbara Wilhite
Barbara Woolheit, I'm not sure I have a lot to add to it other than what you guys have discussed, which is It does go beyond the what you're required in the f in the f FEMA model ordinance. It does give some unbridled discretion just the way it's written. It could be misinterpreted or misapplied. Just gotta be careful when you delegate, you know, to staff and that's what these ordinances do. Um and so, you know, that's that's some of the concern. But you've got a very fine county attorney there and uh
It does go beyond the ordinance. It was discussed being taken out. I think it's out of the other ordinance you just passed, so um i I think now we have two different l ordinances unless we can go back to I need to go back and look at 'Cause this is we're in the chapter eighteen we're dancing now, yeah. So I think it's already out of the other one, so that might be helpful to go look at. What you just adopted and So
Kathryn StarkeyChair
in in reading the language, I it it seems pretty specific to me. It says the period of accumulation begins when the permit for the first improvement or repair of each building is issued and extended for one year or until the permit is closed. Is that
Jack MarianoVice Chair
the next line down we're looking at? Yeah. And and again, when you can have someone decide what willful intent is or accumulative neglect, I mean you could have somebody who was away for six months, whatever, if you want to go by those examples, a leak happens, they don't know about it, it accumulates, it gets there. Is it willful or they they weren't there? And now you're gonna get a staff person make that decision? And again, the the difference with this is again it's out of the other ordinance that was pulled out. This is added in here. And it doesn't have to be in there. And
I don't want to give any more than a little bit more than that. flexibility to staff unless it's dictated by law at this point. So I wanted to have less control from the staff person than to what's in all the other state and federal audiences that have been adopted.
Esther Lemie
Well we don't have any uh If
Kathryn StarkeyChair
you want us to take it out, we take it out. Well it's a public hearing. We can take public comment and then what's back to the board.
Did you did you want her to say something, Sally?
Esther Lemie
Yeah. I mean it's still in the
Kathryn StarkeyChair
It's still in the first one?
Esther Lemie
Yes, yes.
Kathryn StarkeyChair
Okay. All right, so public hearing. Uh does anyone uh wish to address the board on this item?
Kathryn StarkeyChair
Madam Chair, we have no one pre-signed or online for this item. Okay.
Jack MarianoVice Chair
Madam Chair.
Kathryn StarkeyChair
Yeah.
Jack MarianoVice Chair
Um page nine of eleven.
It says the interior portion of such enclosed area shall not be partitioned or furn finished into separate rooms except for stairwells, ramps, elevators. Unless a partition is required by fire code. Uh is that it elsewhere or is that just something we've added in?
Esther Lemie
Each nine.
Unidentified speakerVoice B
So this this was part of the non conversion agreement.
Esther Lemie
And it's in the Florida building code as well.
Jack MarianoVice Chair
That's on so in the code we're not doing anything extra.
Kathryn StarkeyChair
Okay, but I I did ask if you if you're quoting something that's in the Florida building code to put the number there.
Esther Lemie
Is there? Is R three two two point three point six?
Kathryn StarkeyChair
Yeah? I'm in the strike through. I don't I don't see the the citation to the
Esther Lemie
water building code. This is the same thing.
Do you have it?
Jack MarianoVice Chair
So that code now includes ours. The the black and the red parts.
So now so now that line right there includes the black and the red is what the Florida building code says? Or did you add on the red line?
Chairman
Yes, very thing.
Jack MarianoVice Chair
On the line R th R three two two point three point six enclosed areas. The black part that you have printed In the red part. Are both of those part of what the Florida building code is?
Esther Lemie
No.
Is in the Florida building code R three two three point six, the one that we've had it. uh is the F in in red and it's underlined and it's in the non-conversion agreement. It's a part of
Unidentified speakerVoice B
the non-conversion
Kathryn StarkeyChair
agreement. Is this the built Florida building code number?
Jack MarianoVice Chair
All right, so what's your definition of finished?
Kathryn StarkeyChair
But doesn't it have to say F S or something?
Unidentified speakerVoice B
No. Definition of finished.
Esther Lemie
Uh concrete floor statute is uh corporated. So that's what that is too. Anything that is done that is So you
Jack MarianoVice Chair
wouldn't let you wouldn't s let someone put some tile on the bottom floor? You wouldn't.
Esther Lemie
I still came.
Jack MarianoVice Chair
You will.
Esther Lemie
Yes, yeah.
Kathryn StarkeyChair
It says N section R three. Isn't this our land development?
Unidentified speakerVoice B
The point is for um turning that bottom space into a habitable space when it's not supposed to be habitable?
Jack MarianoVice Chair
No, I I mean it would be headable, it could be usable. If someone wanted to have a pool room, if someone wanted to have a ping pong tables in there and couches, chairs.
Esther Lemie
Yes, that's what that means. Uh storage, car parks, that's still usable, but it's not habitable. Okay.
Kathryn StarkeyChair
Okay, so it's it's back to us. Um I have a question. Okay.
Christina Fitzpatrick
I don't
Kathryn StarkeyChair
share.
Christina Fitzpatrick
How does this affect property owners values of their homes that if they've already do have a habitable bottom floor or do they not do
Unidentified speakerVoice B
yeah, it's for new construction.
Christina Fitzpatrick
And it doesn't affect when someone resells their home?
Kathryn StarkeyChair
No, it does not.
Christina Fitzpatrick
Okay, thank you.
Kathryn StarkeyChair
Okay, so I think there was consensus that we wanted to keep that like that one the language in of for the loophole. About um
Page eight.
Mike Moore
And then we got a strike prohibiting stem wall foundations. But we
Kathryn StarkeyChair
n we do need an amendment to change the title.
Unidentified speakerVoice A
Yeah, so Hi. Have reviewed. The document before you and the final document that was provided to the clerk's office has that removed.
Kathryn StarkeyChair
Correct.
Unidentified speakerVoice A
The advertising and what was posted on your agenda apparently went from an earlier version. Where it was being prohibited and then it so it's come out. So as long as the ordinance The ordinance that you're adopting Stem wall prohibiting stem wall construction. is would be more More stringent. So you're li you're liberali based on facts and circumstances and
testimony, you are liberalizing the ordinance. So your advertising is still good. And the ordinance before you can be adopted the way it's been proposed to you. Okay.
Kathryn StarkeyChair
Okay, under under discussion I want to say if we do find that there's issues we can we can can fix it.
Yeah. I know I'm on the fence, but I I air. I err in closing the loophole. Okay. All in favor? Roll call. Aye. Oh, roll call, sorry.
Kathryn StarkeyChair
Okay. Uh Commissioner One, uh District One, Commissioner Oakley. Aye. District uh two, Commissioner Moore. Aye. District four, Commissioner Fitzpatrick.
Kathryn StarkeyChair
Aye.
Kathryn StarkeyChair
District five, Commissioner Mariano? Nay. District three, Chairman Starkey. Aye.