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<br />BOARD OF APPEALS AND BOARD OF ADJUSTMENT MINUTES: ORGANIZATIONAL MEETING <br />JANUARY 24, 1980 PAGE 6 <br /> <br />Pickett thinks this would be a good idea. <br /> <br />5. CONFLICT OF INTEREST ON THE BOARD OF APPEALS AND BOARD OF ADJUSTMENT <br /> <br />A. Opening Discussion <br /> <br />Rupp opens the discussion with the question of the By-Laws covering an incident <br />where one of the Board members may have an interest in the property concerned <br />with a vari ance. <br /> <br />Chairman replies that that hasn't happened yet. <br /> <br />Ferris thinks that he will talk with Counsel and have them insert liThe Conflict <br />of Interest Section in after Section 3, Article 4. <br /> <br />Chairman says that he doesn't think it's necessary. <br /> <br />Davies thinks that it would be a good idea to talk with Counsel, anyway, as <br />the matter will come up sometime or the other. <br /> <br />B. Voting in Such a Case - The Possibility of Alternate Members. <br /> <br />Reed states that someone will have to figure out the legality of having this <br />under conflict of interest if one of the Board members were to apply for a <br />variance. He wants to know if that means that that individual that applies <br />for a variance would be at a disadvantage because of not having 5 members to <br />present it to. He thinks that it ought to be clarified if an alternate has to <br />be designated under those circumstances or not. <br /> <br />Davies firmly agrees about the lack of alternate members, saying that it makes <br />them "ti ed". <br /> <br />(The State Statues evidently state that there must be 5 members). <br /> <br />Ferris states that one of the City attorneys looked it up and said they don't <br />recognize alternate members, as a variance is supposed to be the hardest thing <br />there is to get, and that I s why it takes 4 concurri ng votes to appove it. <br /> <br />Reed? says that it should still be established, though, that in a conflict of <br />interest that that party cannot participate in the voting, that they're just <br />at a disadvantage. He says that they better check on that with Counsel. <br /> <br />Don Ross? or Gi1 Reed? reads a portion of a City Ordinance that says, IIIn <br />addition to the regular members of the Board, a City Council may appoint 2 <br />associ ate members for _staggered 3 year terms II, hopi ng that the City Counc i1 <br />would let them have the associate or alternate members. <br /> <br />Ferris points out that that1s a City Ordinance, the State Statute doesn't say <br />that. <br /> <br />Chairman agrees that 'the State always supercedes. <br />