2018-R-01 - Construction Board of Adjustments & Appeals By-laws RESOLUTION NO 2018-R-01
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA; REPEALING THE
CONSTRUCTION BOARD OF ADJUSTMENTS AND
APPEALS BY-LAWS IN ITS ENTIRETY; REPEALING
RESOLUTIONS IN CONFLICT HEREWITH AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS,the City of Edgewater has made the following determinations:
1. During the July 17, 2017 City Council Meeting, Council approved amendments
to Chapter 10 (Health, Sanitation. Property Maintenance and Code Enforcement)
delegating all powers and duties of the Construction Board of Adjustments and Appeals to
the Special Magistrate.
2. Pursuant to Council action during the July 17, 2017 Council meeting
sunsetting/abolishing the Citizen Code Enforcement Board, Council further determines
since the Board is no longer in existence at this time,there is no need for By-Laws.
3. Resolution No. 2018-R-01 hereby repeals the Construction Board of
Adjustments and Appeals By-Laws (Exhibit"A")in their entirety.
NOW,THEREFORE,be it resolved by the City Council of Edgewater, Florida:
Section 1. The City of Edgewater hereby repeals 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 All resolutions or parts of resolutions in conflict herewith are hereby repealed.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.
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After a Motion to approve by CO t,,e 2`pr - �LJ ) , with
Second by �Ilr�s.�rr1 tc"?..w , the
vote on this resolution was as follows: ((
AYE NAY
Mayor Mike Ignasiak N
Councilwoman Christine Power
Councilwoman Amy Vogt
Councilman Dan Blazi N4
Councilman Gary T. Conroy �+
PASSED AND DULY ADOPTED this 8th day of January, 2018.
ATTEST: CITY COUNCIL OF THE
CITY,EDGEWATE ,FLO DA
By: 7/44/ /K
Robin L. Matusick Mike Ignasiak�
City Clerk/Paralegal Mayor
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 and Edgewater at a meeting held on this 8`h day of
legality by: Aaron R. Wolfe, Esquire January,2018, under Agenda Item No. CD .
City Attorney
Doran, Sims, Wolfe&Ciocchetti
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EXHIBIT "A"
CITY !ll.' EDGEW A TT.D
BY—LAWS
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".
The purpose and intent of these bylaws is to set forth a uniform set of procedure:,
Appeats
1. The CAA shall consist of seven (7) members; each member shall be appointed by
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
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3. Due to the need to stagger terms to guarantee continuity on the CAA, the initial
(1) year, two (2) members shall be appointed for two (2) years, and two (2)
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'l. A quorum shall consist of five (5) members. The affirmative vote of four (1)
5. Prior to appointments, prospective members shall submit a City application,
6. To be eligible for appointment, a prospective member shall be a resident of the
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
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,
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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
C. Voting Conflicts
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 cxccpt when representing him or herself for a period of 12 calendar
months after his or her service has ended.
4,--Chairmen
1. The Chairman shall serve as the presiding officer at all meetings and hearings of
neeessarv.
2. The Chairman shall sign all orders of the CAA issued in reference to appeals and
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3. The Chairman shall be elected by a majority of the voting membership at the first
election.
B. Vice Chairman
I. The Vice Chairman shall be elected by the CAA from among its regular members
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
C. Other Presiding Officers
1. The board coordinator shall be provided by the City.
to ensure they are properly kept. All recorded meeting tapes shall be provided to
the City Clerk for safekeeping.
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3. Any correspondence prepared by a member of the CAA shall be provided to the
E. Professional Support
1. The City shall provide professional support to the CAA as may be necessary.
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been received.
B. Emergency Meetings Emergency meetings or hearings of the CAA may be called by
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C. Requirements all meetings shall be open to the public, provide due public notice and
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ARTICLE VI: A m,en,dments
The By Laws may be amended at a regular or special meeting of the CAA, provided that
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Adopted by the Board this 25th day of March, 2015.
Gliftirmaft
Atri ei
City Clerk
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