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4 2>` ,' <br /> ,. , �. � r>� , .. . � , � �. =x� . . , ,. z� ,.. = s§ w t . . . r . .. ., �✓ w 3, <br /> • <br /> nange:, Countv Attornev ' <br /> W1111= G . Co has II, Deputy Countv Attornev" ' Boud Cenuted, Cur' , Countv & Local Governmen: Law <br /> MEMORANDUM <br /> TO : The Board of County Commissioners <br /> FROM : (:L2f��VVilliam G . Collins II — Deputy County Attorney <br /> DATE : June 21 , 2001 <br /> SUBJECT: An Ordinance Amending Indian River County Code Section 103 . 03 , <br /> Regulatory Commissions and Boards <br /> On June 19 , 2001 the Board of County Commissioners authorized advertising for a public <br /> hearing to consider amending Section 103 . 03 . 3 . of the Indian River County Code to delete <br /> the requirement that a member of the Building Code Board of Adjustment and Appeals be a <br /> representative of the Board of Zoning Adjustment. <br /> Since both the Building Code Board of Adjustment and Appeals <br /> d of Zoning <br /> Adjustment are regulatory boards with final decision making utorty , having rone person <br /> serve on both boards conflicts with Article II , Section 5 of the Florida Constitution <br />'s <br /> prohibition on dual office holding . That constitutional provision reads in pertinent part " . . . no <br /> person shall hold at the same time more than one office under the government of . . . the <br /> county's . . . , except . . . any officer may be a member of a . . . body having only advisory <br /> powers . " <br /> The Building Official has suggested that one member of the board be a person without <br /> construction background to provide the viewpoint of a lay person . Accordingly , subsection <br /> (3 ) of Section 103 . 03 of the Indian River County Code has been modified to delete the <br /> requirement that one member of the board be a representative of the Board of Zoning <br /> Adjustment, and to provide that one member be a lay person without constrction <br /> expertise . <br /> RECOMMENDATION : <br /> After public hearing , adopt the attached Ordinance changing the composition of the <br /> Building Code Board of Adjustment and Appeals , with any adjustments the Board feels are <br /> appropriate after giving due consideration of public input. <br /> JULY 179 2001 3 P UG <br /> { <br /> Bi X80 <br /> -29 - <br /> I r <br /> h <br /> e <br />