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2015-R-28 RESOLUTION #2015-R-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA; APPROVING THE REPEAL AND RESTATEMENT OF THE CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS BY-LAWS; REPEALING RESOLUTIONS IN CONFLICT HEREWITH; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS,the City of Edgewater,Florida,has made the following determinations: 1. Based on a consensus of the Construction Board of Adjustments and Appeals members, the consensus was to recommend revisions/modifications to their existing by-laws- which resulted in repeaUrestatement in its entirety. 2. The revised/modified by-laws are attached hereto and incorporated herein- as Exhibit"A". NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida: Section 1. The City of Edgewater hereby approves the repeal/restatement of the Construction Board of Adjustments and Appeals By-Laws which are attached hereto and incorporated herein as Exhibit"A". Section 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. This resolution shall take effect upon adoption. After Motion by ecurcivenizo with Second by f airri.i,v - , the vote on this resolution was as follows: -Pp ,- Pjaz; AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Dan Blazi Councilman Gary Conroy �- 1 #2015-R-28 PASSED AND DULY ADOPTED this 14th day of September, 2015. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA • • ,1►. By: ANAL_ w",rx Bonnie A. Brown Mike Ignasiak City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form Edgewater at a meeting held on this 14th and legality by: Aaron R. Wolfe,Esquire day of September, 2015 under Agenda Item City Attorney No. 8 0 . Doran,Sims,Wolfe,&Ciocchetti 2 #2015-R-28 CITY OF EDGEWATER CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS BY-LAWS ARTICLE I: Official Name The official name of this Board shall be the Construction Board of Adjustments and Appeals of the City of Edgewater,FL,hereinafter referred to as the"CAA". ARTICLE II: Purpose and Intent The purpose and intent of these bylaws is to set forth a uniform set of procedures whereby the CAA may regulate the manner in which it elects officers, conducts meetings and • otherwise carries out its functions. It is further the intent of these Bylaws to serve as a guideline in the handling of affairs pertaining to the Edgewater Construction Board of Adjustment and Appeals. ARTICLE III: Membership A. Voting Members and Appointments 1. The CAA shall consist of seven(7)members; each member shall be appointed by City Council for a term of three (3) years and shall be subject to removal as set forth by City Council. No City employee shall be a member of the CAA. 2. Five (5) members shall be representative of the following: Florida licensed general contractor, Florida licensed architect or structural engineer, Florida licensed property or casualty agent, Florida certified fire inspector or firefighter, and a citizen at large. The remaining two (2) members shall be chosen from the following Florida licensed contractors: electrical,plumbing, and air conditioning. The architect shall be other than a landscape architect. 3. Due to the need to stagger terms to guarantee continuity on the CAA, the initial appointments shall be as follows: Three (3) members shall be appointed for one (1) year, two (2) members shall be appointed for two (2) years, and two (2) members shall be appointed for three (3)years. 4. A quorum shall consist of five (5) members. The affirmative vote of four (4) members is required for any formal action of the CAA relating to appeals and disciplinary action. All other recommendations and actions of the CAA shall require the affirmative vote of a majority of the members present. 5. Prior to appointments, prospective members shall submit a City application, stating therein a brief synopsis of their education, experience and reason for their interest in serving on the CAA Board. 6. To be eligible for appointment, a prospective member shall be a resident of the City of Edgewater, unless no qualified resident candidate applies. Wage 7. No member of the CAA shall receive compensation for their service, provided, however, that members may be reimbursed for out-of-pocket expenses as approved by the City. B. Vacancies 1. During the term of appointment, should a member of the CAA change residence to the extent he or she would not be eligible for appointment to the CAA Board, the member shall forfeit the office and it shall be deemed vacant. 2. If a member of the CAA is absent for three (3)consecutive regular meetings, said member shall forfeit the office. 3. Any vacancy occurring during the unexpired term of office of any member shall be filled by City Council. The CAA shall review applications and make a recommendation to City Council. The vacancy shall be filled as soon as practical after it occurs, for the remainder of the term. C. Voting Conflicts 1. No member of the CAA shall vote upon any matter which would inure to his or her special private gain or loss, or any principle by whom he or she is retained or by any relative or business associate. 2. No member of the CAA shall appear for or represent any person in any matter before the CAA other than him or herself. No past member shall appear before the CAA except when representing him or herself for a period of 12 calendar months after his or her service has ended. ARTICLE IV: Election of Officers A. Chairman 1. The Chairman shall serve as the presiding officer at all meetings and hearings of the CAA and appoint any committees from the CAA membership that are deemed necessary. 2. The Chairman shall sign all orders of the CAA issued in reference to appeals and disciplinary action. 3. The Chairman shall be elected by a majority of the voting membership at the first regular meeting in January of each year. The Chairman shall be eligible for re- election. B. Vice-Chairman 1. The Vice-Chairman shall be elected by the CAA from among its regular members in the same manner as the Chairman and shall be eligible for reelection. 2. The Vice-Chairman shall serve as acting Chairman in the absence of the Chairman and at such times shall have the same powers and duties as the Chairman. 3. If the Chairman for any reason does not complete his term of office, the Vice Chairman shall become the Chairman and the CAA shall elect a new Vice Chairman. Both shall serve until the CAA holds its regular elections in January. 2IPage C. Other Presiding Officers 1. The members of the CAA may select an additional member to preside over the meeting(s)in the absence of the Chairman and Vice-Chairman. D. Board Coordinator 1. The board coordinator shall be provided by the City. 2. The board coordinator shall prepare and distribute agendas, correspondence and minutes on the Thursday before the meeting and shall establish and maintain files to ensure they are properly kept. All recorded meeting tapes shall be provided to the City Clerk for safekeeping. 3. Any correspondence prepared by a member of the CAA shall be provided to the board coordinator for distribution to the CAA members. E. Professional Support 1. The City shall provide professional support to the CAA as may be necessary. ARTICLE V: Meetings/Hearings A. Regular/Special Meetings — Regular/Special scheduled--meetings of the CAA shall be held , - .. , ..- -, . , . , . . _ . . • , - on call of the Building Official or chairman or within 30 calendar days after notice of appeal has been received. B. Special Meetings Special meetings or hearings of the CAA may be called by the €B. Emergency Meetings — Emergency meetings or hearings of the CAA may be called by the Building Official or Chairman with at least 24-hours notice. lC. Requirements—all meetings shall be open to the public,provide due public notice and follow Roberts Rules of Order and the Florida Sunshine Law. ARTICLE VI: AmendmentsPowers and Duties A. To review the building, fire,and other related technical codes and policies. B. To hear appeals of a decision or action of the Building Official or Fire Chief/Marshal regarding the adopted technical codes. C. To provide recommendation to the City Council on building and construction related matters. D. To adopt rules of procedures not inconsistent with the provisions of this Article and approved as to legal form and correctness by the City Attorney. ARTICLE VII: Appeals The purpose of this section is set forth an appeals process regarding interpretations, enforcement decisions or actions by the Building Official or Fire Chief/Marshal. A. The CAA is deemed competent to sit in judgment on matters concerning the interpretation of the standard building codes and the NFPA Life Safety and Fire Prevention Codes and its' enforcement. B. The CAA shall provide for reasonable interpretation of the provisions of the codes and rule on appeals from decisions of the department having jurisdiction. 3IPage C. Application for appeals shall be summited to the Building Department along with a non- refundable fee as established by the City. The application shall state the code provisions from which relief is sought and the remedy proposed. D. Any person shall be permitted to appeal a decision by the Building Official or the Fire Chief/Marshal when it is claimed any one or more of the following conditions exist: 1. The true intent of the codes or ordinances described are interpreted incorrectly. 2. The provisions of the code or ordinances do not fully apply. 3. A decision is unreasonable or arbitrary as it applies to alternatives or new materials. E. Any person shall be permitted to appeal a decision by the Building Official or Fire Chief/Marshal when any one or more of the following decisions have been reached: 1. The refusal to issue a building permit. 2. Refusal to approval a project on interim or final inspection. 3. Refusal to issue a C.O. 4. Issuance of a stop work order. 5. A decision that a project is subject to and must conform to one or more technical codes and must be authorized by a building permit. 6. Revocation of a building permit; C.O. or use. F. Any person aggrieved by a decision of the CAA shall appeal such decision to the Circuit Court. ARTICLE VIII: Amendments The By-Laws may be amended at a regular or special meeting of the CAA, provided that written notice shall have been sent to each member at least five (5) days in advance of the vote, which notice shall contain the proposed amendment. Adopted by the Board this day of ,20112015. Attest Chairman Board Coordinator 4IPa