Item Q03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 15.2009 Division: County Attorney
Bulk Item: Yes X No - Staff Contact Person: Natileene Cassel
Telephone# 292-3470
AGENDA ITEM WORDING: Approval for reappointment to the Board of Adjustment
and Appeals of Daryle L. Osborn, P .E. and Carl H. Schror who will serve for one (1)
additional three (3) year term beginning June 2009. The Contractor's Examining Board
recommends both ofthe'appointments to the BOCC.
ITEM BACKGROUND: The construction board of adjustment and appeals is
established under Monroe County Code ~6-56. The terms of office are governed by the
same rules and regulation as the contractor's examining board. Under Monroe County
Code, 6-265 there is no limitation on the number of terms, consecutive or otherwise that
any member can serve.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval
TOTAL COST: -0- BUDGETED: Yes - No -
COST TO COUNTY: -0- SOURCE OF FUNDS:
~
REVENUE PRODUCING: Yes - No-.X AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~MB/purcbaSing _Risk Management_
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
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Revised
ARTICLE II. BUILDING CODE* Page 1 of 1
Sec. 6-56. Construction board of adjustment and appeals.
(a) Jurisdiction, authority, and duties. There is hereby established a board called the
construction board of adjustment and appeals. This board shall have the following jurisdiction,
authority, and duties:
(1) To consider and render decisions on appeals of administrative decisions and
interpretations of the building official related to the Florida Building Code and this
chapter;
(2) To consider and grant variances to the Florida Building Code; and
(3) To approve cost approach appraisals for determination of fair market value pursuant
to the floodplain regulations under part II of this Code.
(b) Membership, appointment, removal, terms, and vacancies:
(1) The construction board of adjustment and appeals shall consist of at least seven,
but not more than nine members. Members shall be appointed by the board of county
commissioners.
(2) The construction board of adjustment and appeals shall consist of all the members
of the contractors examining board, as provided for in section 6-263, plus one registered
architect and one registered professional engineer and a second alternate member.
(3) Terms of office, removal, vacancies, the regularity of meetings and administrative
hearings shall be governed by the same rules and regulations as the contractors
examining board.
(c) Decisions. The construction board of adjustment and appeals shall, in every case, reach a
decision without unreasonable or unnecessary delay. Any hearing related to an appeal or
variance shall be conducted in accordance with procedures for quasi-judicial matters. Each
decision of the board shall also include the reason for the decision. If a decision of the board
reverses or modifies a refusal, order, or disallowance of the building official or varies the
application of any provision of this Code, the building official shall immediately take action in
accordance with such decision. Every decision shall be promptly filed in writing in the office of
the building official and shall be open to public inspection. A certified copy of the decision shall
be sent by mail or othervvise to the appellant and a copy shall be kept publicly posted in the
office of the building official for two weeks after filing. Every decision of the board shall be final,
subject however to such remedy as any aggrieved party might have at law or in equity.
(Code 1979, S 6-13; Ord. No. 010~2002, S 3) ~
(,
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ARTICLE III. CONSTRUCTION INDUSTRY* Page 1 of 1
Sec. 6-265. Terms of office; removalf vacancies.
(a) Each member, regular or alternate, shall be selected for a period of three years. Upon
expiration of a member's term, any member, regular or alternate, who has served in good
standing and receives the recommendation of a quorum of the examining board, shall be
eligible for reappointment to the examining board. Nothing contained in this section shall be
construed to impose any limit on the number of terms, consecutive or otherwise, any individual
member can serve.
(b) Any member, regular or alternate, of the examining board may be removed from office by a
majority vote of the five members of the board of county commissioners.
(c) Any vacancy occurring during the unexpired term of office of any member, regular or
alternate, of the examining board shall be filled by the board of county commissioners for the
unexpired term 30 days after such vacancy occurs.
(d) Any regular member of the contractors examining board who absents himself from any
three consecutive regular meetings of the contractors examining board, unless excused from
such attendance by consent of the board, expressed by action of record in its official minutes, or
who is absent from a total of four regular meetings of the board in any fiscal year without having
been excused from such attendance by consent of the board expressed by action of record in
its official minutes shall thereby automatically forfeit his position and office as a member of the
contractor's examining board; and the name of such person shall be automatically removed
from the membership of the board immediately after the adjournment of any such third
consecutive meeting or any such fourth meeting in any fiscal year, as the case may be, at which
such member has not appeared. The board shall thereupon promptly notify the member so
removed, and the board of county commissioners for the county shall thereupon appoint a new
member to serve the remainder of the unexpired term for the member so removed.
(Code 1979, S 6-85; Ord. No..16-1975, S 6(C); Ord. No. 46-1988, S 2; Ord. No. 18-1991, S 1; Ord. No.
10-1993, SS 4--7; Ord. No. 038-2003, S 1; Ord. No. 005-2007, S 1)
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