Laserfiche WebLink
171 <br />The Board of County Commissioners has the power to rescind any ordinance <br />which it finds too onerous. However, neither the Board nor- its employees <br />can waive the terms of ordinances established to protect the public health, <br />safety and welfare. Any "waiver" of the application of the ordinances would <br />constitute an arbitrary and capricious act, that is, holding different <br />applicants to different standards. It would result in any future applicant <br />for a day care center being able to successfully challenge any of the <br />"waived" ordinances. In other words, each chapter or section- of our <br />ordinances for which a "waiver" is requested would be unenforceable in the.. <br />future. <br />I note in particular that there is a request for waiver, of traffic impact fees. <br />Traffic impact fees cannot be waived. A decision could be made to subsidize . <br />a private development at public expense, but the funds to offset the impacts <br />of new development must be paid into the trust account established for the <br />district in which the new land development activity is proposed. <br />CONCLUSION: �} <br />l <br />1. The County Commission can rescind any ordinances. <br />2. Ordinances which are in effect cannot be waived on a selective basis. <br />3. Certain of our ordinances have waiver provisions built into them if <br />certain criteria are met. Any request for waivers provided for in our <br />ordinances can be processed per the Code. <br />4. Traffic impact fees cannot be, waived. <br />5. If the proposed day care center is approved, a concurrent <br />recommendation should be made to rescind all the ordinances for which <br />"waivers" are granted. <br />The Chairman opened the Public Hearing, and asked if anyone <br />wished to be heard in this matter. <br />Richard Graves, applicant, appreciated the Commission's time <br />in taking up this issue. He wished to inform the Board that they <br />do have the ability to amend the requirements in the County's <br />ordinances pertaining to child care facilities. The need for <br />affordable day care is perhaps the most crucial issue in the <br />county. Some children of migrant grove workers are either left <br />at home with older children or they spend the day in the back of <br />a car. Headstart is able to serve only one out of five children <br />in this state. At the start of this school year in this county, <br />there were 150 3-5 year old children waiting for child care <br />programs. Mr. Graves explained that his specific proposal is to <br />take an existing house on his grove property and convert it to a <br />child care, pre-school facility for children of his citrus <br />employees. Their plans call for doing everything necessary _ <br />within that house to comply with the requirements for a child <br />care facility. In addition, they are planning to provide a safe <br />playground, safe access to the building and a stabilized parking <br />area. The problem arose when they got to the County requirements <br />'OCT 22. 1991 <br />39 <br />