Council schedules two public hearings

Two public hearings will be held at the March 4 meeting of the Osceola City Council for three code amendments - one on shipping crates and two on solid waste.

Shipping crates

Osceola City Administrator Ty Wheeler opened the discussion on shipping crates at the Feb. 18 Osceola City Council meeting, stating that changes at the state level required changes at the local level.

The current code, found in Chapter 167: “Accessory, Temporary and Nonconforming Uses,” section .02 subsection J reads in part,

“Design Characteristics. Accessory buildings shall be constructed of materials similar to the principal structure, and in character with the surrounding built environment as determined by the Zoning Administrator.”

The state legislature changed the language to state that design characteristics cannot be based on building materials of the principal structure except in instances of historic districts, Homeowners Associations or private organizations. Therefore, stating that shipping containers are not allowed as accessory structures in residential zones due to design is no longer enforceable.

“I would suggest that regardless of what happens with this conversation, we probably just need to strike that out of our code because we just don’t have a design characteristic, accessory structure enforceable authority at this point in time,” Wheeler said.

He presented two ways in which the council could proceed - an ordinance that would prohibit the use of shipping containers being used as accessory structures in residential and commercial historic districts, or by stating they can be used subject to the same permitting requirements for any accessory structures. The latter would have an exception of shipping containers not being allowed in the commerical historic district, which Wheeler encouraged the council to consider against.

Both Osceola Mayor Thomas Kedley and councilman Dr. George Fotiadias expressed their support for the protection of the historic district of Osceola in relation to the code.

Solid waste

There will be two changes made in relation to solid waste control and collection. Recommended changes in code language were been made to the city by Clarke County Attorney Johanna Olson after discussion with Osceola Police. The first proposed change would be made in Chapter 105: Solid Waste Control, section 11, subsection four, which currently reads:

“Scavenging. Take or collect any solid waste which has been placed out for collection on any premises, unless such person is an authorized solid waste collector.”

The proposed amendment would add “or a certified peace officer” after the solid waste collector. Wheeler said that as there may be circumstances when certified peace officers may need access to a solid waste receptacle in addressing public safety matters, Olson had recommended to the city to make sure that is clearly stated in the code.

Kedley questioned if by adding the peace officer language to, it was breaking the constitutional right to unlawful search and seizure. He asked Osceola Police Chief Marty Duffus if the police would still need a search warrant or a subpoena to go through a receptacle if the language was added to the code.

“There are multiple answers,” Duffus said. “In my opinion, no…if there was a time where we did generate a search warrant or a subpoena or [other order], we’re still in this.”

Wheeler clarified that the amendment addressed when the solid waste receptacle has been placed out for collection, not when it’s in someone’s garage or otherwise in use.

The next amendment would be to Chapter 106: Collection of Solid Waste, section 1, Collection Service,

“The City shall provide for the collection of solid waste from one- and two-family residential premises only. There shall be no more than one collector authorized to gather solid waste from one- and two-family residences within the City at any one time...”

The recommendation in wording would be change the second sentence to read,

“The routine scheduled collection of solid waste from one- and two-family residences within the City may be contracted to no more than one private collector at any one time.”

Both hearings will be held at the regular meeting of the Osceola City Council, which will start at 7 p.m. on Tuesday, March 4. The public is invited to make comments at that time. Comments may also be submitted in writing to City Hall prior to the meeting.

Notices of both public hearings can be found in the legal section of this paper.