BOA Variance Case 1980-01_1980-02_900 Delany

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*fp BOARD OF APPEALS AND BOARD OF ADJUSTMENT MINUTES: ORGANIZATIONAL MEETING JANUARY 24, 1980 PAGE 6 Pickett thinks this would be a good idea. 5. CONFLICT OF INTEREST ON THE BOARD OF APPEALS AND BOARD OF ADJUSTMENT A. Opening Discussion Rupp opens the discussion with the question of the By -Laws covering an incident where one of the Board members may have an interest in the property concerned with a variance. Chairman replies that that hasn't happened yet. Ferris thinks that he will talk with Counsel and have them insert "The Conflict of Interest Section in after Section 3, Article 4. Chairman says that he doesn't think it's necessary. Davies thinksthat it would be a good idea to talk with Counsel, anyway, as the matter will come up sometime or the other. B. Voting in Such a Case - The Possibility of Alternate Members. Reed states that someone will have to figure out the legality of having this under conflict of interest if one of the Board members were to apply for a variance.. He wants to know if that means that that individual that applies for a variance would be at a disadvantage because of not having 5 members to present it to. He thinks that it ought to.be clarified if an alter.nate'has to be designated under those.circumstances or not. Davies firmly agrees about the lack of alternate members, saying that it makes them '.'tied". (The State Statues evidently state that there must be 5 members). Ferris.. states that one of the City attorneys looked it up and said they don't recognize alternate members, as a varianceis supposed to be the hardest thing there is to get, and that's why it takes 4 concurring votes to"appove it. Reed? says that it should still be established, though, that in,a conflict of interest that that party cannot participate in the voting, that they're just at a disadvantage. He says that they better check on that with Counsel. Don Ross? or Gil Reed? reads a portion of a City Ordinance that says, "In addition to the regular members of the Board, a City Council may appoint 2 associate members for„staggered.3 year.terms", hoping that the City Council would let them have the associate or alternate members. Ferris points out.that that's a City Ordinance, the State Statute doesn't say that. Chairman agrees.thatthe State always supercedes.