09/09/2002 Meeting Minutes - Laserfiche WebLink

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Special Council Meeting 9-9-02 Page 4 Council President Buckholtz said the plan has been modified so we are voting to either continue to accept their [the Board of Appeals'] rejection of the project or override. Council President Buckholtz said Mrs. Mills has excused herself for reasons of a conflict of interest. Mr. Hanculak will explain how the voting will go on this. Mr. Hanculak said in terms of numbers: Section 1105.02(d) indicates that the simple majority of Council members present may affirm the decision for the Board of Appeals-or, with a 2/3 majority vote modify or reverse a decision. It is the simple majority of the people present to affirm. If it is going to be a denial, you will need 2/3 of the majority of Council which is 5. Council President Buckholtz clarified: to confirm the Board of Appeals's decision or to override. Mr. Hanculak said correct. You need 5 votes (2/3) to modify or reverse the decision of the Board of Appeals. Council President Buckholtz asked, does everyone understand that? I also want to make clear what a "yes" vote and a "no" vote assuming we are voting on this tonight. Is this something we want to vote on tonight? We can ask the applicant, is this something that time is of a constraint-do you want on it tonight? Do you want to postpone to the regular meeting? Mr. Mills said I am actually trying to get the structure up before the snow flies. I'd like to have the old buildings out of there before the winter snow melts. Council President Buckholtz asked, so you want it voted on tonight? Mr. Mills said yes. Council President Buckholtz said let's get some wording and let's get some clear understanding on what a "yes" vote is and what a "no" vote is. We are voting to affirm the Board of Appeals' denial of this project so a "yes" vote affirms the Board of Appeals' denial of the modified variance and a "no" vote overrides. We are not voting on the project, we are voting on the Board of Appeals' decision. Is that correct? Dr. Parker asked if we override the Board of Appeals' decision, does that mean that his original plan is acceptable? Mr. Hanculak said for simplistic sake, the motion should be to affirm the decision of the Board of Appeals which is a denial. Council President Buckholtz said there has been a modification to the plan that was not presented to the Board of Appeals. We are voting to approve a modified plan. If you want to go to simplistic language it would be voting a "yes" to accept the variance on a modified plan and a "no" to reject it.