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(A) Appointment. There is established in the town a board to be called the Board of Adjustments and Appeals, which shall consist of five members. Such Board shall be composed of one architect, one general contractor or engineer, and three members at large from the building industry. This Board shall be appointed by Town Council.
(B) Term of office. The term of office for all seats on the Board shall be four years. All terms hereunder shall, however, continue until a successor is appointed by the Mayor and approved by Town Council. The Mayor and Council shall act promptly after the expiration of a term to make appointments as soon as may reasonably be accomplished. Board members may be appointed to succeed themselves, for a maximum total of two successive full terms. Any service on the Board prior to this amendment shall be included in determining eligibility for future service. None of the members shall hold any other public office or position in the municipality or county while serving on this Board.
(C) Vacancy and removal. A vacancy in a term of office shall occur whenever it is found that a member has resigned or is unable to serve for whatever reason, or is removed in accordance with the provisions of this section. Neglect of duty, no longer being a resident of the town, or misconduct in office shall constitute just cause. Each member is required to attend 75% of called meetings per year on a rolling-year basis which shall be measured on the first of every month for the preceding year. Each member shall be afforded one excused absence which shall not be counted towards the attendance requirement. Excused and unexcused absences are to be determined by the Chairperson or, in his or her absence, the acting Chairperson, and are to be stated on the record at each meeting. Excused absences are generally defined as medical or family emergencies or unavoidable business or personal conflicts. Each member is responsible for notifying the Chairperson or the appropriate staff at least two full working days prior to the meeting, if he or she will not be in attendance. The member shall also state a reason for the anticipated absence. Emergency situations that arise within this 48-hour period can be considered excused by the Chairperson. If removal due to attendance is necessary, the Town Administrator shall then remove that member from the Board prior to the next scheduled meeting and notify Town Council. If removal for cause appears imminent, the Chairperson shall contact the member and ascertain whether removal should be considered by the Mayor and Town Council. The Chairperson shall then make a recommendation to Council, prior to Council action on the matter. Any vacancy in the membership shall be filled for the unexpired term as soon as may reasonably be accomplished by the Mayor and Town Council in the same manner as the initial appointment. Service pursuant to an appointment in this regard shall constitute one full term.
(D) Organization. The Board shall elect by secret ballot and majority vote a Chairperson and Vice-Chairperson from among its members at the January meeting of each year. The term of office of the Chairperson and Vice-Chairperson shall be one year. If a vacancy occurs in an office prior to the expiration of the full term, another election to fill the remainder of the term of office shall be conducted at the first meeting thereafter. The election procedures stated hereinabove shall be followed in filling an unexpired term of office. The Board shall appoint a secretary who may be an officer or employee of the governing authority. The Board shall adopt rules for the transaction of business.
(E) Meetings and quorum. Three members of the Board shall constitute a quorum for conducting business. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. The Chairperson or, in his or her absence, the acting Chairperson, may administer oaths and compel the attendance of witnesses by subpoena. Decisions shall be made by a majority vote, but no fewer than three affirmative votes shall be required to modify a decision of the Building Official or to vary any provision of the adopted technical building, fire, or flood codes. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board, or if there is no such office, in an appointed office of the town. The minutes and records shall be a public record. All meetings of the Board shall be open to the public and members of the Board shall regularly attend meetings and public hearings of the Board and shall serve without compensation, except for reimbursement for authorized expenses attendant to the performance of their duties.
(F) Duties and powers. To hear and decide appeals of decisions and interpretations of the Building Official and to consider variances of the technical building, fire, or flood codes.
(Am. Ord. 00039, passed 7-11-00; Am. Ord. 11046, passed 7-12-11, Am. Ord. 18035, passed 6-14-18)