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Board of Appeals

Minutes - January 25, 2016

Present for this meeting were Appeals Board Members Griff Fenton [Chairman], Connie Bender, Jay Fowler, Michael Jordan [alternate], Cece Ohmart, and Jon VanAmringe; Assistant Code Enforcement Officer Edward “Rick” Gallegos; and Mike Wight and Atty. Tony Shorey, representing Broughman Builders.

Having established a quorum being present, Appeals Board Chairman Fenton called the meeting to order at 6:30 PM.

Minutes – 8 December 2015 – On the motion of Jay with second by Connie, the minutes were approved by a vote of 5-0. 

Request for Administrative Appeal or Variance by Broughman Builders:

a.    The Board, on the motion of Jay, second by Cece on a 5-0 vote determined that it had Jurisdiction

b.    The Board, on the motion of Connie, second by Jay on a 5-0 vote determined that the Applicant had Standing

c.    The Board, on the motion of Cece, second by Jay on a 5-0 vote determined that the Appeal had been filed in a timely fashion. Griff asked that in future that the Appeals Form be amended so that the date and time the Appeal was received at the Town Office could be inserted.  Further request was made that a Date Stamp on all original relevant documents would be helpful.

d.     Poll of Conflicts of Interest – Jay stated that as a contractor who had been involved in a similar circumstance, it could be perceived by the parties to this Appeal that he had a Conflict.  He therefore asked to be recused.  The Board accepted and Alternate Jordan, replaced Jay as a voting member.

e.    The Board determined that as majority of Members Bender, Fenton, Jordan, Ohmart and VanAmringe would represent a Quorum for this and any subsequent meetings on this Appeal.

f.     The Board, on the motion of Mike, second by Cece on a 5-0 vote determined that the Appeal would be conducted in an Administrative manner.

g.    Griff said that the Appeal would be conducted in accordance with the Board’s standard procedure

a.    Motions on behalf of Appellant

b.    Motions on behalf of Code Enforcement Officer

c.    Response by Appellant

d.    Response by CEO

e.    Questions from Board Members

f.     Discussion

h.    Meeting will reconvene at 5:30 PM on Monday 1 February 2016 at the Town Office

i.      Griff will provide to the Lamoine Administrative Assistant, a list of materials to be provided in advance to all Board Members and Parties to the Appeal. Administrative Assistant will solicit this information from Appellant, CEO and any other interested parties.

Appeals Board Ordinance Workshop.  The most recent working draft of the Ordinance has been provided to the Lamoine Planning Board for comment.  The Planning Board will discuss this matter at their next meeting on 1 February.  Appeals Board will wait for Planning Board input, prior to further action.

Next Meeting:  Monday, 01 February 2016 at 5:30 PM at the Lamoine Town Office.

There being no further business, on the motion of Connie, second by Michael all present voting in favor, the meeting was recessed until 1 February at 5:30 PM.

Respectfully submitted,

Jon E. VanAmringe, Secretary

Lamoine Board of Appeals