An Ordinance By The Pasco County Board Of County Commissioners Amending The Pasco County Land Development Code; Amending Section 1001 Docks And Seawalls; Section 1001.1 Intent And Purpose; Section 1001.4 Visibility; Section 1001.5 Maximum Projection And Location of Docks And Seawalls; Creating Section 1001.6 Boat Lift Canopies; Appendix A Definitions; And Other Sections, As Necessary, For Internal Consistency; Providing For Applicability; Repealer; Providing For Severability; Inclusion Into The Land Development Code, And An Effective Date.

1:24:41P fifty five, we have proof of publication in the March fifth, Tampa Bay Times, uh March fifth, twenty twenty-five edition of Tampa Bay Times for the April twenty-second Board of County Commissioners meeting where it was continued to June seventeenth, where it was continued to today.

1:24:59Uh good afternoon, Amy Tull with Planning, Development, and Economic Growth. Item P55 is an ordinance by Pasco by the Pasco County Board of County Commissioners, amending the Pasco County Land Development Code, amending section 1001, Docks and Seawalls, Section 1001.

1:25:19Section 1001.4 visibility. Section 1001.5 Maximum protection and location of docks and seawalls, creation, creating section 1001.6, boat lift canopies, appendix A definitions, and other sections as necessary for internal consistency, providing for applicability, repealer, providing for severality, inclusion into the land development code, and an effective date. This item comes with a recommendation of approval. There is a presentation. Yeah.

1:25:51I think you need to give a presentation.

1:25:59Oh that maybe.

1:26:01Sorry. Uh there is also ex parte communications that were sent um as early as a legislative item you

1:26:08will

1:26:08doesn't matter. Okay. Sounds good. Thank you.

1:26:18Good afternoon, Commissioner Oakley Amanda Hill, Planning Development and Economic Growth. I'd like to request that the Board receive and file the following revised documents for this item, the agenda memo, ordinance, amendment text red line, appendix aid definitions red line.

1:26:41So as a reminder, the intent

1:26:46Yes. A

1:26:48motion?

1:26:48You can't make a motion. To accept it. I would like to request the question. We're asking for the board to receive and file those documents.

1:26:56Oh so we need a motion from our own staff?

1:26:58All in favor? Aye. Aye. Okay. Thanks. So as a reminder, the intent of the amendment is to readopt text changes to the Pasco County Land Development Code, which were invalidated by the Circuit Court for Pasco County Civil Division in 2023, as well as to provide standards on boat lift canopies. I'll now review some of the concerns that were discussed at the LPA and BCC public hearings held on March 20th and June 17th, respectively. The LPA

1:27:29expressed concerns regarding the proposed prohibition of canopies over Davids and canopies attached to seawalls in section 1001.6A1. Staff's research regarding this supports the prohibition in order to reduce the load on the seawall that may not be engineered to support such loads. The LPA also expressed concerns regarding the obstruction of few sheds, which I'll address later in this presentation. Staff did not receive additional documentation from the LPA

1:27:59as to the specific policies and the comp plan that the proposed ordinance was inconsistent with. However, they did recommend that the boat lift canopy should not be a use by right and recommended to staff that a special exception or conditional use application should be required for the installation of a boat lift canopy.

1:28:17Mm.

1:28:20The board expressed concerns regarding the impact of hurricanes on Boat Lif canopies at the six seventeen meeting. SAF has identified uh section 1001.6A3 and section 1001.6A4 that attempt to address those public safety concerns. namely that boatlift canopies shall meet or exceed the requirements of awnings and canopies in the Florida Building Code, and that boatlift canopies must be removed and safely stored indoors whenever the public is

1:28:50instructed to do so by a governmental authority based on the weather.

1:28:58The board also expressed concerns regarding the color restrictions and voted to include additional colors, namely white, silver, and gray. Section 1001.687 has been revised accordingly. The colors will be in this proposed amendment: beige, white, silver, light gray, or neutral shades of blue, green, monochromatic, and free of any design unless otherwise stipulated by a homeowners association or a similar entity.

1:29:26The board expressed concerns regarding maintenance of the boatlift canopies. A new standard, Section 1001.6A5, has been added to attempt to address those maintenance concerns. And it requires boat lift canopies to be maintained so as to present a neat, clean appearance. The county may also order the repair or removal of boat lift canopies if the building official determines a boatlift canopy presents an immediate threat to the public health and safety.

1:29:58The board expressed concerns regarding the impact on viewsheds. There are multiple standards that are currently included in the proposed amendment to minimize the impact on view sheds, namely the previously mentioned color restrictions. The requirement for the canopy to remain open on all sides in section 1001.6A6. Staff also removed a previously proposed allowance for a 24-inch drop curtain around the perimeter of the boat lift canopy, and these are all intended to help the canopies blend into the view

1:30:28shed. As seen in this image here, there are actually six boat lift canopies in this image, but you can see that they're blending into the existing view shed.

1:30:42Some other notable staff revisions to the dimensional standards in section 1001.6A were completed, and that was the main reason for the walk on edits to the documents that were originally with this item. So, as a reminder, uh the dimensions that are included in this section include the height, length, width, Horizontal projection, side setback, arch height, and maximum projection.

1:31:12The height that was proposed at the six seventeen meeting was fifteen feet. Uh boat lists in the county are currently already at 15 feet from the mean high water line, and restricting canopies to the same height would limit. what would be practical to permit for the boat lift canopies. So as such staff is proposing at this hearing that the limit for the height would be five feet above the boat lift structure. not to exceed twenty feet above the mean high water line.

1:31:44The length that was previously proposed at the six seventeen meeting was forty feet. The LDC already governs the maximum length of structures. That is actually a third of the width of the canal, and that's existing code language. And restricting it to 40 feet was considered to be arbitrary as it allows for covers on some boat lifts and restricts it for others. And the intent is to allow boatlift covers for all boat lifts. As such, staff is proposing that the standard for the length is actually

1:32:14the length of the boat lift plus the allowable horizontal projection. The width that was proposed at the six seventeen meeting was eighteen feet. And staff is proposing that that is updated to the actual width of the boat lift plus the allowable horizontal projection. And this is because the width is already governed by the side use lines in section 1001.5. The horizontal projection was previously proposed as a maximum of two feet

1:32:44at the 617 meeting. And staff kept that two foot maximum. However, we also added an additional requirement for a maximum of one foot for docks that are located within an aquatic preserve. And this is a matter of state preemption where for single-family dock standards and criteria, roofs are allowed but cannot overhang more than one foot beyond the footprint of the lift and boat that's stored on the lift.

1:33:15For the side setback at the 617 meeting, referred to zoning district was the standard that was proposed for this standard. Uh we have reviewed this and we were advised that it's inapplicable to the bolt of canopies since the zoning district setbacks applies to yards. And to the extent that setbacks apply to docks, they are governed by section 1001.5, which states that docks and structures over the water may not

1:33:45extend past the side use lines. So as such, we're proposing that that is updated accordingly. And the arch height and maximum projections were not changed.

1:33:57Some other communities that staff researched while drafting this code included Collier County and City of Cape Coral. And the proposed standards that is being presented to you today seek to protect view sheds while creating standards that will provide for the installation of boat lift canopies that are proportional to the size of the boats and boatlifts.

1:34:21Staff recommends that the board accept public comment, adopt a proposed ordinance amendment by roll-called vote, authorize the chairman to execute the ordinance amendment, and direct board records to transmit the ordinance to the Department of State by electronic mail within 10 days after adoption of the ordinance amendment. And I'm here for any questions that you may have.

1:34:43Madam Chairman Mari Uh if I'm advised that Commissioner Yeager is online so if the record could reflect that she's joined us on this item.

1:34:53I do have one question. Um can you go back to Lisa, can you um mute mute up is that Lisa? Make it that okay. Um could you tell me what were the what were the rules here when we have a storm impending storm? I'll go back. Sorry, I was doing some research on here and I didn't see what the rules are.

1:35:20So Bolt Lift Canopy shall meet or exceed the requirements of awnings and canopies in the Florida Building Code. All boat lift canopies must be removed and safely stored indoors whenever the public is instructed by a governmental authority that the weather conditions require the storage of any loose items or materials due to an impending storm or other weather system.

1:35:38I think we need to um We don't we don't tell people

1:35:44We I mean I think we need to put in there uh a little more when we have a s a w a certain wind event, at what time expected wind event, That they have to do. Take 'em out. I don't want to leave it as loose as loose as that. If this passes. Um So, is it a tropical storm? Is it uh Heavy thunderstorm. I mean what what is we need to think about what is the right criteria to make sure these don't become

1:36:15projectiles like they did. Down in Charlotte County. um during the hurricane.

1:36:24Madam Chair?

1:36:25Yeah.

1:36:26Is there a standard f for how much wind these have to sustain to be approved by the Florida Building Code?

1:36:33I know that there are some manufacturer specifications regarding that. I believe it's mostly seventy miles per hour. Um do you have that information with you, Chris?

1:36:43We have staff from Building Construction Services here as well and natural resources and the County Attorney's Office. So I've been working along with them.

1:36:54Good afternoon, board Chris Mayne, Deputy Building Official for Building Construction Services. Um there is a a provision in Florida building code that does require these canvas and and awning canopy type type structures to be removed at I believe it's sixty five miles an hour, I'd have to look. And also any of these structures that are the actual structures, the frames themselves, um, if they're built coastal, Have engineered plans to be

1:37:24able to survive a hundred year storm.

1:37:29What is a hundred year storm?

1:37:31Uh a hundred year storm event uh any of those hundred year storm events. In the

1:37:36hundred year storm event isn't it like

1:37:37a storm event?

1:37:40Sure it is. But if we're talking flooding wouldn't really be germane to a canopy, it would be more of a wind issue.

1:37:45It would. You're right. I mean it's the wind that we're caring about here.

1:37:50It is. Uh what the the code says is that a hundred year storm event, the structures located seaward of the coastal construction control line must be designed to withstand a hundred year storm event.

1:38:03That's what the code says.

1:38:05Okay. Um are there any other questions before we listen to the public and then we'll discuss it amongst ourselves?

1:38:15Um I had a I had a question on the five I guess I have one more, sorry. The five foot five foot above what? Above the bolt lift. Well, do you have a boatlet? 'Cause I have a have a couple of boatlets. Uh is that the motor? Is that the bunks? Is that the There's all different s heights of the

1:38:38it should be the horizontal beam. Because that's what it attaches to.

1:38:46Five foot above the horizontal beam?

1:38:49Mm-hmm. That's

1:38:50Well my boat would never fit in that and my I mean,

1:38:54I'm not sure. Probably have a cover or

1:38:58I I I I need I need to I need you to diagram what that means. For me. Somebody. what that means, 'cause that's important. We're that five foot as far as view blockage. And when you took that view of all those you were at water level, you weren't in a house looking down a channel.

1:39:20Oh the horizontal uh going down the side. Yeah. Okay. So that's the The beam that holds up the motors. Usually on a lift.

1:39:33The motors are usually attached to the front of the the front of those beams.

1:39:38Yeah. Okay.

1:39:39Yeah, I got it. At least on the lift I have on my house.

1:39:42Yeah, so so if you're looking at this one on three, it would be kinda where the three line touches

1:39:51That where

1:39:51it makes that tea.

1:39:54The dimension line.

1:39:58Okay, so

1:40:00Have it. No, it's not not any okay.

1:40:04All right. Um Okay, so I guess we're gonna hear from the public now. Okay. If we have no more questions.

1:40:13First person signed up is Jay Pascoal.

1:40:20Your address for the record, please.

1:40:22J. Pascoa, [address removed]. And yes, it's at the top of the aluminum beams that come straight across.

1:40:30Yeah.

1:40:31There's one that goes down the left and one goes down the right. And from what I'm understanding, it's at that point it would be five feet up.

1:40:38And what was your street again?

1:40:39[address removed].

1:40:41[address removed].

1:40:42That is correct. Yeah, you've you've looked me up a few times. But anyway, um my can I first of all I want to say thank you for all the time you have taken to over to look at this issue and I am in support of it. I'd like to thank Commissioner Mariano for his support and former Commissioner Mike Wells. Um it is very important that we cover our property, but the reason why I am here is, yes, to support it. But to get a little bit of clarification on one thing. On page 4, item B2, or page 16 and 2A,

1:41:13it says other visual obstructions are prohibited from your dock. Now the reason why I bring that up is is because I have a cannon and I have a six foot statue of a pirate. So it is a very big vague statement when it says prohibited on docks or obstructions are prohibited on docks. So if we could get a clarification on that and not leave that as an open item. Um whether that is by email or by text or

1:41:43by any way. We'll clear it

1:41:44up here today.

1:41:45I'm sorry?

1:41:46We'll ask today.

1:41:47That'd be great. Thank you very much. In one of the replies that I got on January twenty sixth, twenty twenty two, um when I asked about that, the reply was interesting catch, Christy Dolotowski. So I'm not too much concerned about it, but I am curious as to what that meant by good catch.

1:42:10Well Katie it that's probably Katie Doletowski, which is my executive assistant.

1:42:17So I'm kind of concerned as to what is going to be allowed Now if I want to put chairs out there or a table out there or

1:42:27no, I think that's a a good question to ask, but we need to clarify that.

1:42:32Um I have not for the I have fifty seconds left, but not for the time that I've been in Hudson that I've seen any cloth canopy or vinyl canopy become a projectile. As a matter of fact, I watch them very closely. I'm out there on a daily basis. I have not seen any that have come apart. As a matter of fact, the wooden ones that were erected in the seventies are still standing. And the only concern I have with anything out there right now is the docks that have sunk into the canals that have not been removed. Uh

1:43:03that is a a safety hazard, not that it has anything to do with this. But again, thank you very much for your time and I appreciate you taking that and I do support both canopies. Thank you for your time.

1:43:14Let me show you. Nick Mundry.

1:43:21Your address for the record, please.

1:43:23Good afternoon. My address is [address removed]. And I've been following this uh for several years. Can I show the commissioner something?

1:43:35Move to receive and file. Second.

1:43:37All in favor? Aye.

1:43:38Aye.

1:43:56The first picture you see is a picture of a boat cover. Not a lift cover.

1:44:06It's got a frame over the the lift that's attached to the poles.

1:44:13Very much similar in kind to a frame if you look at the second page.

1:44:20Of a boat lift. The lift cover. The other thing I like to put out, this is completely legal, 'cause I I took this picture to several years ago. I took this picture to code compliance and code compliance told me It is a boat. cover 'cause it's laying on the boat. It's not a lift. Cover. The other thing is This thing definitely blocks the

1:44:50view. Of The neighbors to the left and right. Opposed to The proposal that is being done. through the change of the ordinance. I j I I just couldn't figure for many years how this was legal. And the second page was not. And I hope you consider approving the change to the ordinance.

1:45:17Um the public is not seeing this, but it's a It's a c it's a boat that's wrapped versus a boat with a boat cover.

1:45:27Yeah, this is a boat cover. Because it's actually touching the boat. And that's what Code Compliance told me when I took this to them. It's about cover. And to me it's more Yeah It blocks the wind more. And it obstructs the view more. But it still has a frame. And I know there was a lot of discussion in the last meeting and in the twenty twenty two meeting Of the frames in this. I

1:45:57thank you.

1:46:01Daryl Witla.

1:46:17My name is Daryl Whitlock. Well, that's loud. Darrell Whitlock, I live on uh [address removed].

1:46:29[address removed] in the over in C Ranch.

1:46:34Uh the last meeting we had here. We felt compelled to actually show how many people actually wanted in our neighborhood. Wanted to have the boat lift covers. So we took it on ourselves to put together a petition to get a to get a idea. And the petition isn't isn't really on the ordinance, uh, because the ordinance still had different things that had to be revised and changed around, but it is saying that we do want the covers

1:47:05and we don't believe they block views. The total county. count of the petitions I got for people to sign was five hundred and forty five people actually signed it. And out of out of that I had five that didn't want to sign. Yeah. So Um I do like the ordinance changes that I've been seeing that you guys did come up with. I think there's only probably

1:47:35one maybe that might be addressed later on. Mm. by actually Jeremy following behind me. But um I do agree with the gentleman prior that said Out of all the years I've seen these up, I've never seen one blow off and hurt anybody's house. Um even if you choose not to take 'em off. It's it's just rubber, vinyl. There's more obstacles

1:48:05in our backyards that we sh if we're gonna do that we need to start addressing grills, things that sit in in the back, uh chairs that could blow and hit people's windows and break 'em. There's a lot of other obstacles in the backyard that could do a lot more damage that actually could get airborne and go through windows and hurt people. Um I still got a minute left, but that's about all I need to say to cover this. And again, thank you on that on your time on this ordinance.

1:48:34Thank you. And you've got you've got a cover now, I see. Yes, ma'am.

1:48:38I do. I've had a cover for Probably years since this th I've been following this and I think I've been in front of the commissioners, all you commissioners back I think is nineteen, two thousand nineteen or twenty I think it was we were doing this. It's been years. Excellent.

1:48:57And your boat cover that you had on your on your place, did it say in place?

1:49:01Yes.

1:49:07it off. It went through Milton, I didn't take it off. Didn't rip. Commissioner O Mariano was over the house and he seen that it was not ripped, tethered, or torn at all. And the house next to me. They end up demoing it because there was so much damage done to the house right next door to me.

1:49:23Yeah, but state law requires you to take it off.

1:49:25Yeah, granted, but I'm just saying is it it went through it and it it it handled everything with no issues.

1:49:36We had a strong storm come through in Gulf Harbors, took someone's um metal porch off, metal porch roof off, damaged three roofs on my street and the homeowners Couldn't get any money from the person whose porch blew off.

1:49:55Yeah. Yeah. Well I again I I want to thank you guys for what you do and what and working on this over these years and hopefully the ordinance can be revised to a point where it could be passed and actually Help protect all of our properties. But thank you very much for your time on this.

1:50:13Okay, thanks.

1:50:26Good afternoon. Can you hear me? Yes. I can it's weird in my ears. So my name is Jennifer Akins. I live at [address removed]. And um I'm here to support it, as I hope that all of you do. And um I've been in our community for a long time. I do a lot for our community. Um I was a part of assisting with Darrell to get some of the signatures.

1:50:57And I will add to what he had said that out of the about 110 signatures that I obtained from other people, and not all of them were on the water. Many of them um have to put their boats in a the public boat ramp. So they see things in a different manner than than what some of us do that actually live on the water. And um we only had one person that didn't want to sign the the actual um paperwork that we had put together. And the

1:51:27only reason that gentleman didn't was because he was afraid of the ramifications of it, because he does actually have a boat cover. So What I did want to say is asked for obstructions of views and stuff, where I'm seeing things um where I live at this point. We're getting a lot of houses now that are being built that are second stories, two s uh three stories and I can see that as blocking my view more than what I do with the actual boat covers.

1:51:59And I think that where we're seeing the influx of the money here, because I'm seeing that with real estate where I live. that you'll I'm starting to see the prices of boats increase and I'm talking like increasing from like maybe seven hundred thousand dollars to I'm looking at boats where I'm living right now. Some of them are worth five million, seven million, three million. So Many of these people additionally want boat covers. Because they're again

1:52:29looking at it On the The avenue of okay, what about the properties. As for my understanding with what I do with um stuff, anything that I have I take it in my house, Anything. I don't want anything outside because I don't want any damage to any of my other neighbors. And We would take it down anyway. As I would remove my boats, as I would remove my jet skis, and anything else that I think would damage

1:52:59somebody else's homes. And I'm for having t some type of regulation. I don't have any problems with that. But I'm just I'm just seeing there's more positive out of this than there is for the negative. And we saw that with all the signatures when we did actually. get to the people that cannot be here because they work. I do appreciate your time. Thank you very much.

1:53:22And you're at [address removed]?

1:53:26Yes.

1:53:26And you have a boat cover? Yes. Thank you.

1:53:31Jeremy Gamble.

1:53:48Morning Commissioner. Jeremy Gamble, [address removed]. I'm here to speak with you all about Approving an ordinance to allow butt lift covers in Pasco County. Um I want to thank Commissioner Oakano for having a discussion with me and hearing my concerns about the ordinance that was written as recently as two weeks ago that did have some Some problems that essentially would allow covers and be

1:54:18impossible for us to actually pull the permit and meet the requirements of said permit. But uh there's there were some changes made, so thank you staff. That was very helpful. There's still a couple items, including the height, that I think is still questionable based on the the verbiage that's actually written in the ordinance compared to the actual drawing that's shown. They kind of don't. Match each other. Um per the drawing it's showing that the five feet above the lift does not include the arch,

1:54:48but the ordinance states that it does. Uh the other problem is I think staff is assuming that boat lifts are all fifteen feet. Uh from the top of the dock. And they're not. Every single boat lift that I measure um is a different height. Some of them can be three feet above the dock, some of them are eleven. So We need to have a point of reference of what the actual we we need a starting point that's gonna be consistent to measure what our height's gonna end up being. Because

1:55:19if your lift is three feet above your dock and I can only go five feet, now the total height of the lift is gonna be I mean literally eight feet above the top of the dock. It it just doesn't it doesn't make any sense. Short of that, I think everything else about the ordinance and the changes that have been made make complete sense. In reference to storms, our frames are rated for 180 miles an hour. The vinyl is recommended to be removed at 70 miles an hour. We

1:55:50do have staff in place to remove vinyl for customers and reinstall it after the fact. Uh for Hurricane Helene, we took down over 500. Between Milton and Halene, we took down about another 230. All those were reinstalled after the fact when customers wanted those reinstalled. We had zero uh instances where cover was came apart and damaged anybody's property. Uh so that just wasn't a thing. Currently there's Add a minimum

1:56:20of six hundred and eighty covers that I know of personally in Pasco County and absolutely none of those became a flying projectile and damaged anybody's property. So

1:56:29is this your company that's putting them up?

1:56:30It is.

1:56:31So but and you knew you knew that you they then none of these have I mean these weren't legal,

1:56:37but

1:56:37you

1:56:38were legal and we proved it in court actually, twice.

1:56:41Uh I'm not sure. Yeah, I don't think you did.

1:56:45Judge Byrd disagrees.

1:56:48No. You need to talk to your lawyer about that.

1:56:54Um

1:56:56Okay.

1:56:58But but there was there was a boat that um we both know Commissioner Truex in Charlotte County. uh and who where they had The pipe Not the awning material, pipe or whatever you want to call it. Um flew into a neighboring boat and sunk it and And the boat owner Could not get any insurance money to cover the sinking of his boat.

1:57:24Not surprising.

1:57:25Most

1:57:25most boats aren't covered on boat lifts.

1:57:27Right.

1:57:28You have to have

1:57:28a separate

1:57:28rider in order for

1:57:29the boat to actually.

1:57:35A projectile, like like the roof in my neighborhood, and hits someone else's property. Chair. You don't get covered. This is Yeah. I just he said he's not aware of any. But I'm telling you that's not.

1:57:47I'm talking about Pasco, not Charlotte.

1:57:49Okay. Thanks.

1:57:50Well, thank you.

1:57:54That's all we have is pre-signed up.

1:57:56Is there anyone else here to speak to boat covers? Boat l boat yes. Boat lift covers. What are we calling them? Wait a minute.

1:58:06Good afternoon, Barbara Wilhite. [address removed]. uh [address removed], that's my personal address. I've addressed you all before. regarding this issue and the impact uh the visual impact that this creates. It's been all these years without um having that visual impact and this will change the way you know things look in my community, uh for myself and neighbors. Um you do have protections in your land development code where you're protecting the views. So this is to change this is kind of inconsistent

1:58:36with that. I thought that the uh the what the Planning Commission came up with which was allow a process. There's not one size fits all. For a lot of people, this isn't a problem. And they'll easily could go through a process and get their neighbors to say, I I'm fine with it. But for other people it might be a problem. But to not have a process that allows with for you to determine if it's a problem or not a problem, and just to go one size fits all and totally change what's been, you know, the condition of how a neighborhood's looked for forty years and just change it and not have any process

1:59:07for it to to be decided if it's good or bad, I think that's concerning. So thank you for your time. Um

1:59:14Tony, can you put that picture up that I have? Um I took this picture I was looking at a house under construction in Hudson. And um I was on the second floor. of this house and I looked to my left and there was some of the book boat covers. uh that were a hundred percent black in the view. Um And I had my staff take the boat covers and extrapolate them on two other boat lifts. And

1:59:44there's more boat lifts that we could have covered But This is what concerns me and I live on the water And I paid a lot of money for my view. And I know um a lot of other people have too and I have a boat. I have a very expensive boat. I have a seven digit number boat. And I don't know. I don't cover it. It's meant to be outside. Um Do you have do you have that picture?

2:00:14I have copies of it. If you could

2:00:18send this over? And Commissioner Oakley

2:00:28Uh move to receive and file. Second.

2:00:31Um so that's the boat. Those are the illegal boat lifts, canopies, whatever. On the left hand side.

2:00:40The what?

2:00:40Call the vote. We've got a motion in a second.

2:00:42No, we have Lisa online who wants to speak. I want to speak. No no no. No, just for this. Oh, okay.

2:00:50Okay. Uh was there a motion and a second? Yes. All in favor? Aye. Um So there's other boat lifts here. I did I realize there's two other canopies we could have put on here, but I would tell you that this person's view of the water Uh the uh that they Um The water view that's part of the co you know, the value of their property. is gonna be really impacted by all those boats. putting covers uh on their

2:01:20lifts and Um I I know where Barbara lives. She's on the uh You you can speak in a second. Um where's where she lives on a uh a turn a turn I think she has three lifts. I mean, she gonna obliterate the canal view for all her neighbors. All her neighbors. Or they're not gonna have a water view. It's different, I think. Um it's why we were all fine with the lakes. Um

2:01:50and ha and and where houses are spread very far apart, it's not gonna affect them. I it won't have I d see no problem with that. But where you have Homes like I can tell you I'm sorry the president of Gulf Harbors is out of town today. She would want to be here. She can tell you they are very much against this. Um It's gonna really impact the long views that we so enjoy um when you're on the water. And

2:02:22I I just I just think it's a mistake. Um that w that we would allow these. So Um I know I'm in the minority. But most likely, but But I have to speak up for my neighbors and my value and other people's values that

2:02:41Gonna deteriorate. Yeah. Yeah.

2:02:44I just wanted to add that I've had probably ninety percent of all my emails and my texts to me were four moat covers. And a very minority were not for

2:02:56I'm sure there are the s five hundred people that that guy's put the boat covers up on already. Um

2:03:02But I mean that's that's what I heard back from the citizens.

2:03:05Yeah. We have someone else that wants to speak, so I'm gonna let her speak. Public comment, Pastor Jen.

2:03:15Hi, Pastor Gen CareWack [address removed]. I would just present that I I believe that there this should be taken into context in the same way that the people that purchase rural properties enjoy their view. They've purchased their properties. The folks on [address removed], as a matter of fact, enjoyed one individual, Daphne Say, enjoyed her backyard very much. And she hasn't seen it unfortunately in a very long time because of the

2:03:45neighboring townhome community. And she had her opportunity to come and speak. and the majority just didn't w fall in her favor. So I think that to say because I think what I'm receiving, and I don't say that this is exactly what you mean to say, but that if you live on the water, your your interest and your view is more important than the folks that purchased and spent a lot of money to live in a rural area, purchasing maybe lots of acreage. No

2:04:16clap. No clap. To to be able to enjoy the trees and to be a able to enjoy and then they end up with I don't know something hot topic lately is like a big campground or something uh you know uh near their property. I don't know. That's something that's come up lately. So I just I think that I I just wanna say it the the perception is, you know, on this conversation um seems to a little bit skew

2:04:47the understanding of whether or not a waterfront with that view being more important than a rural property who says, you know, hey, I don't want that development across the street. I don't, you know, because that then blocks my view of I watch the sunset, but now there's two-story homes and I have a ranch home and now I can't Can't see the sun set as much as I could prior. Um, my neighbor also, I have a ranch home.

2:05:17My neighbor is a two-story home. He put a play set in his backyard. I understand the concern. Every hurricane and storm that's come through. I, you know, I bring all my stuff like the other lady said, and I bring it and tie it down, make sure it's inside and button things up. And that play yard, that playset, two-story playset is still next. store to me and very much so could damage my property. And I don't think my property I it's not worth

2:05:48seven hundred or a million dollars or whatever. But that's my property and and I purchased where I did and and I have to take with it, you know, the the things that come along after I've moved there and I just don't think it seems like You know, there should be an issue. If it's my property, the boat cover's safe, I should be allowed. The view is just what it is and you know, beg your neighbors not to put a boat cover. PM,

2:06:18I don't know. I'm just saying I I think the rural neighbors feel the same way.

2:06:23So um people may not be aware, but we have certain rules on the coastline that protect people's views. Fifteen feet from the edge of the seawall back, you cannot build a six foot uh fence that is Um Um what's the word?

2:06:42Okay.

2:06:42What? Solid. You you can't do that in in in on the along the coast. You have to leave fifteen feet Um can't be higher than um what's required if you have a pool, but it has to be see-through. So it has to be metal going this way or wire going this way um to protect people's views um that of the water and that and so we have a different set of standards when you're along a coastline. Uh most counties in Florida do not allow boat

2:07:12covers. Most cities along the water do not allow boat covers. Um especially in high in dense communities to protect th to for for personal protection and view protection. It's v it's you can go on Google Earth and I've done it many times. Go along the Florida coastline, go to Fort Lauderdale, go all over the place. Don't allow 'em. So Uh But I think I'm on the losing end

2:07:43here, so I'm not gonna keep beating a dead horse Commissioner Oakley.

2:07:49gentleman's question about Objects on the dock. Let's make sure we're not putting something in that we don't want to put in. Commissioner Mariano?

2:07:59Uh we can we can address that we'll first if you want.

2:08:02No?

2:08:02Okay. Okay, so I believe you are referencing

2:08:08Section one thousand and one four B two. I don't know. I don't have a memorized. I believe that's what it is. Um roofs, overhead coverings, walls, enclosures, and other similar visual obstructions are prohibited on docks, lifts, piling, or other similar structures built over the water, and then it says accept one and it continues. Um these visual obstructions are specific to things that are built. So if you have chairs or table or so that would not be impacted by that.

2:08:39You can't put a build something on the dock in in a correct

2:08:44chair so so to be clear, a non-permanent structure. Correct. If it's not built So we can have pirates and cannons?

2:08:51If you can move it, then yes.

2:08:55Yeah.

2:08:56Okay, so I don't wanna um did you have another question? Just one more about the height.

2:09:02To me, if if someone's gonna build a That boat lift's gonna be X number height. From what I can see we're allowing either it's either five feet or three feet from the top of that pole to where the cover can go over. Five feet. Okay.

2:09:20You know, for from sea level, why aren't we just going from like with the seawall height of the

2:09:27uh dock lift its the boat lift itself.

2:09:29I believe there was some discussion internally regarding that, but uh essentially we settled on doing it from the mean high water line instead. I believe there's some rationale regarding that. I don't know if Sam or Jackie would like to speak further to that. Yeah.

2:09:43Chairman Mariano, I think it's important that we understand the industry standard for how this is done.

2:09:55Good afternoon, Commissioner. So the fifteen foot above the mean high water line, that standard was already in place for docks, boat lifts, all structures over water. That's the gov the standard that's already in the code. So when we looked at boat lift canopies, we just kind of adopted that same standard but gave them some extra room because they do they they do extend above the top of the boat lift and we found that many of the boat lifts in the county are already at that fifteen feet. As far there was some discussion about the the thought of doing

2:10:25boat lift canopies from the height of the seawall, but um I know internally staff advised against that 'cause there's you know folks that have gotten creative with their seawalls and the seawalls are very

2:10:35high. And I I could see that happening. Okay.

2:10:37All right. Um Would you identify

2:10:39yourself

2:10:39just for the for the record? Thank you. Question for Sam.

2:10:43Yeah.

2:10:44Yeah. So in our code like where did we come up with that standard? Just arbitrary in our code? Do we have any Industry experts that said hey this is where you

2:10:53should

2:10:54you

2:10:54shouldn't be I know it's consistent with what's seen around the state. I don't know if uh natural resources can speak to where fifteen feet comes from, but I think it's kind of a a reasonable, you know, so we don't have monstrosities on the water.

2:11:10shed.

2:11:11Commissioner, are you your question about the fifth fifteen feet above mean high waterline?

2:11:19Well, but that's deciding what's currently in there, where'd it come from? Like what was it just plucked out however long ago

2:11:26has been in the code since we've had the regulation, so it's like probably Probably prior to my arrival here. So we don't really know the methodology

2:11:36behind that height.

2:11:37I mean unless natural resources can speak to that. But I do I do know it's consistent with what we see throughout the state.

2:11:44Hello.

2:11:50Jackie Jordan, Parks, Wreck and Natural Resource Department. Um I would say the fifteen feet from mean high is not really an environmental reason for it, so I don't have any additional information on why the fifteen foot was set.

2:12:01Okay.

2:12:05All right, Madam Clerk. So l last comment I want to make is just if you look at the picture that uh I had pulled up again. So under the boat canopy, if if somebody's building a dock That dock is going to be built for holding a boat. When it's holding the boat, when that boat's in place, it's blocking all sorts of view. The only difference is from the extension to the cover. is the only difference to it. If the boat's not there, it's good it's a decent view, it's a thin Then going across. Um

2:12:33how you're looking at it. If you're on the second floor it it's a Big.

2:12:38But if the boat's there, yeah. It's a

2:12:44You can see through a boat? Well that's good vision.

2:12:47Yeah, I mean Yes, it's glass all the way round the boat's in

2:12:53there.

2:12:55Your boat's on the lift.

2:12:56You just don't see the h through the hole, but you see through all the rest.

2:13:00Okay. Uh so anyway, so for me as far as block and view it's it's not much more than what's there anyway and let someone protect the thing. So I'm good with it.

2:13:09Um Okay, I have some questions. Uh can we go back to the beginning to to the beginning of your presentation here, just to make sure. Um

2:13:24Okay. Um the very beginning. Canopy shall be fabric or similar material that can be rolled or folded. Okay. It says it has to somewhere in here it says it has to be kept in a certain condition.

2:13:40I believe it's this one.

2:13:42Yeah.

2:13:44the County may order the repair of a boat lift canopy A butt with canopies declared unmaintained or and with or without notice may cause any structural safety. If a canopy is torn

2:14:00the code enforcement's gonna come out and Tell give 'em a fine or what's gonna happen? If it's torn and flappin'? Wha what are we

2:14:07doing? So if it's not considered to be as presenting in a neat, clean appearance, then it could have uh resulting enforcement, but I am

2:14:20Where does that specifically

2:14:30Building official issue.

2:14:34So

2:14:34it's a code enforcement issue?

2:14:36If it so if the building official determines that the canopy presents an immediate threat to public health or safety, it comes down then. If it's Just ugly.

2:14:51Then there could be a citation and it would go and it would go to court.

2:14:55Okay, so it has to be kept clean. Not full of bird poops so you're looking out your window and all that bird poop. Okay. Next page.

2:15:03Look, we we have code that We're just piling on for things that code to do and they can't keep up on it. We can't just keep Using code as a

2:15:15Is the Gestapo? for every every little thing. Th this is a this is a freedom issue. If you want to protect your your boat and your property that's really expensive, you should be able to do it and To to be s to be setting more for code that they can't and I've talked to Mike Corral about this a hundred times. Uh what we can enforce and what we can't enforce, what we can enforce well, what we don't enforce well. Like we're we're picking and choosing on code what our battles are. And this just

2:15:46this just com compounds that we've got. So a fine I uh I don't want to I'm not for that.

2:15:54Right, um next next next page. Let's see here.

2:16:03Is there another page? I already advanced it. Oh that's all your com those are all your comments? Okay. So where's the one that says it has to be removed? Maybe go back. Did I miss that? Um direction.

2:16:20The canopy s safely stored indoors. Okay.

2:16:29So we've said we've stated at s it's sixty f I think sixty five miles an hour they gotta come off. Okay.

2:16:39Can you go back to the to seven, the one with the colours?

2:16:43I think

2:16:44So I think Yeah. Now I'm being picky, but I think you need a you need a semicolon between green and monochromatic. Monochromatic is not a color, you're using it to describe the colors. So either you need to put monochromatic in the beginning of that sentence or I think a semicolon probably w will do it. Okay. Because I think it's monochromatic shades of beige white, silver, light grey.

2:17:14Okay.

2:17:18What does this mean, free of any design unless otherwise stipulated? We're gonna start selling ads on these or something? What does that mean?

2:17:24Well that's it's prohibiting a design. Correct.

2:17:28Yeah. Let's no designs. No, we're not gonna sell ads on boat boat covers or anything.

2:17:35Right? Uh I think it'd be more like put your favorite football team on your boat cover, not necessarily selling ads like

2:17:46So this is saying like the county attorney said this is prohibiting that.

2:17:51Okay, unless otherwise stipulated by the homeowners, association, or similar entity. You like that language?

2:17:59That's a limitation. So unless the unless otherwise stipulated by the homeowners association that they want they have a more restrictive covenant

2:18:11Oh, in colors or something?

2:18:13Yeah. Okay.

2:18:15Okay.

2:18:15It can't override your con a homeowners association can't override your restrictions. But they can be more s restrictive if you're not going to be able to I i.e. they can prohibit canopies completely.

2:18:31Okay, let's take a motion.

2:18:34I'll make a motion to approve uh with a noted change on condition number seven by the county attorney.

2:18:39Second.

2:18:41Right. All in favor? It's

2:18:42a

2:18:42it's a

2:18:42roll

2:18:43call vote.

2:18:44Okay. Does Commissioner Yeager have any comments?

2:18:47Oh she can comment, or at least we're voting, but you will make a comment if you can. Yep.

2:18:54I approve. Okay, it's gonna be a roll call, so hang on one second.

2:18:58District One, Commissioner Oakley. Aye. District two, Commissioner Weightman. Aye. District four, Commissioner Yeager. Aye. District five, Commissioner Mariano. Aye. Uh District three, Chairman Starkey. Aye. Thank you very much.

2:19:13Lisa, um no clapping, thank you. We're sorry you can't be with us and we we we have you and your family in our thoughts.

2:19:21Thank you.

2:19:22Okay, what are where are we now?