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12-15-1993 By-Laws r~- .. u u CITY OF EDGEWATER LAND DEVELOPMENT AND REGULATORY AGENCY BYLAWS ARTICLE I: Purpose and Intent The purpose and intent of these Bylaws is to set forth a uniform set of procedures whereby the Edgewater Land Development and Regulatory Agency 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 self-imposed guideline in the handling of affairs pertaining to the Edgewater Land Development and Regulatory Agency. ARTICLE II: Creation The Land Development and Regulatory Agency is hereby created. It shall be referred to as the "Agency". The jurisdiction of the Agency shall be throughout the incorporated area of the City of Edgewater. It shall have the following membership, powers, duties, res~onsibilities and limitations. ARTICLE III: Membership The Agency shall have seven (7) members appointed by the City Council for a term of three (3) years. All members shall reside in the City of Edgewater. Initial appointments, however, shall be staggered. ARTICLE IV: Removal from Office, Vacancies If a member is absent for three (3) consecutive regular meetings or is absent for twenty-five (25) percent or more of all meetings held during any calendar year, said member shall forfeit his/her office and it shall be deemed vacant. Any vacancy occurring during the unexpired term of office of any member shall be filled by the City Council for the remainder of the term. The vacancy shall be filled within thirty (30) days from the time it occurs. Any member of the Agency may be removed from office for cause by the City Council, upon written charges and after an opportunity to be heard. December 20, 1993 ... ," . u u ARTICLE V: Officers, Emplovees The Agency shall elect a chairman and vice-chairman from among its members at the first regular meeting in January each year. A. Chairman - The chairman shall serve as presiding officer at all meetings of the Agency and shall conduct said meetings as specified herein. The chairman shall be elected by a majority of the membership at the regular meeting in the month of January and the term of office shall be one (1) year. The chairman shall be eligible for re-election. 1. The chairman shall transmit report, plans and recommendations of the Agency to the City Council and, in general, shall act as spokesman for the Agency. 2. The chairman shall appoint from the Agency membership any committees found necessary to investigate matters before the Agency. B. Vice-Chairman - The vice-chairman shall be elected by the Agency from among its regular members in the same manner as the chairman and shall be eligible for re-election. 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. If the chairman for any reason does not complete his term of office, the vice-chairman shall become the chairman and the Agency shall elect a new vice-chairman. Both shall serve until the Agency holds its regular elections in January. C. Secretary - The City shall provide clerical support for the Agency. The secretary with the aid of the Director of Community Development shall prepare all correspondence, keep the minutes of the proceedings, establish and maintain Agency files and tapes and shall make sure all records are properly kept. December 20, 1993 u u ARTICLE VI: Rules and Procedure The Agency shall-meet at regular monthly intervals, and at such other times as it may deem necessary, for the transaction of its business. It shall adopt written Bylaws and keep a properly indexed public record of its resolutions, transactions, findings and recommendations. A quorum shall consist of five (5) members. The affirmative vote of four (4) members is required for any development approval. A. Special Meetings - Special meetings may be called at any time by the chairman. The chairman or secretary should give, or cause to be given at least three (3) days notice of the time and place of any special meetings to each member of the Agency, the City Clerk and the press. In the event of an emergency due to extenuating circumstances, the chairman can call an emergency special meeting twenty-four (24) hours in advance, prior to the said meeting. B. Workshop Meetings - Workshop meetings may be held as required for the purpose of enabling the Agency to gather information and examine proposals relating to the powers and duties with which the Agency is charged. Although said meetings are open to the public and members of the press, the Agency is not compelled to hear any comments or questions from other than Agency members, and then only when the individual is recognized by the chairman. C. continued Meetings - The Agency may continue a regular or special meeting if all business cannot be conducted on the advertised date; no further public notice shall be necessary for resuming such meetings provided the time, date and place of resumption is stated at the time of continuance. D. Cancellation of Meetings - Whenever a majority of the members notify the secretary of their inability to attend a meeting, the chairman may dispense with the regular meeting by giving written or oral notice to all members December 20, 1993 3 u u prior to the time set for the meeting. In addition, said notice shall be posted in a conspicuous place within or at the scheduled meeting chambers and the press shall be notified of the cancellation. E. Conduct of Meetings - All meetings shall be open to the public and shall be conducted as determined by the Agency. F. Subcommittee Meetings - These regulations shall govern all subcommittees meetings except that subcommittees are not required to hold regular meetings, but may conduct their business at workshop and special meetings. G. Public Hearings - Public hearings can be called when the Agency deems necessary and as required by ordinance. Official action on a matter can be decided after the public hearing has been adjourned, provided a quorum is present. Notice of public hearings shall be as prescribed by Florida law. ARTICLE VII: Powers and Duties The Agency shall have the powers of administrative review in that the Agency shall have the power to hear and decide appeals when it is alleged there is error in any order, requirement, decision, or determination made by the enforcement officer in the enforcement of the Zoning Ordinance or any land development regulations. It shall have the general responsibility for the conduct of the comprehensive planning program. It shall perform any other duties assigned by the City Council, and may prepare and recommend to the City Council any other proposals to implement the comprehensive plan. The Agency shall hear applications from the City Councilor any person for amendment, variances or special exceptions to the Zoning Ordinance. If the proposed amendment, variance or special exception relates to a specific area of land, it shall be heard only if it is presented by the person owning fifty-one percent (51%) or more of that land or its lawfully designated agent. December 20, 1993 4 . Q u The Agency is hereby designated as the Local Planning Agency pursuant to section 163.3174, Florida Statutes, of the Local Government Comprehensive Planning and Land Development Regulation Act. It shall prepare, or cause to be prepared, the elements of the comprehensive plan required in section 163.3177, Florida Statutes, and any other appropriate elements, and shall make recommendations regarding the comprehensive plan to the City Council. It shall have the general responsibility for the conduct of the comprehensive planning program. It shall comply with all requirements of the Local Government Comprehensive Planning and Land Development Regulation Act and shall monitor and oversee the effectiveness and status of the comprehensive plan, and recommend to the City Council, such changes in the comprehensive plan as may from time-to-time be required. In addition, as the Local Planning Agency, the Agency shall develop and recommend to the City Council land development regulations which implement the comprehensive plan and review land development regulations or amendments thereto for consistency with the adopted plan. It shall perform any other duties assigned by the City Council, and may prepare and recommend to the City Council any other proposals to implement the comprehensive plan. ARTICLE VIII: Aqenda An agenda shall be prepared by the secretary of the Agency as directed by the chairman listing all matters which shall be taken up before the Agency at any of its meetings. The agenda shall be prepared on the Friday prior to the regularly scheduled meeting. No other matter except what is specified on the agenda shall be taken up at such meeting except by unanimous vote of the Agency present. ARTICLE IX: Staff The Agency and duly authorized subcommittees shall have access to the information and staff of all City departments as directed by the City Manager on such a basis as these departments are able to December 20, 1993 5 .' .. (.J u " ' . . render assistance to the Agency. Permanent staff members may be appointed to serve the Agency as provided by the City Council. ARTICLE X: Amendments These Bylaws may be amended at a regular or special meeting of the Agency, provided that a written notice shall have been sent to each member, five (5) days in advance of the vote, which notice shall state the amendment proposed. After motion and second, the vote on these Bylaws was as follows: Chairman Dominick Fazzone AYE Vice Chairman Donald Masso AYE Mary Agrusa AYE George Ewing NAY Robert Garthwaite AYE Danny Hatfield AYE Ronald Hildenbrand AYE PASSED AND DULY ADOPTED this 15th day of December, 1993. ATTEST: (-.-- APPROVED FOR FORM AND CORRECTNESS: ,k{<4k A- ~~t Krista A. Storey City Attorney December 20, 1993 6 .. "