Meeting Minutes
Boulder Town Appeals Authority
May 2, 2007, 8:00 p.m.


Board members and alternates present: Mark Nelson, Loch Wade, Larry Ripplinger, Jeff Sanders, with alternate Don Montoya, and clerk, Peg Smith. Bob Brems has resigned.
Public attending: None
Mark brought the meeting to order at 8:12 p.m. Mark reread the March 1, 2006 meeting minutes, which weren't previously approved because of lack of quorum at the June 7, 2006 meeting. Don moved to approve the minutes as written; Loch seconded the motion, and all approved.
Mark asked for review comments from the June 7, 2006 minutes. Jeff move to approve the minutes as written, Larry seconded the motion, and all approved.
Review Utah Open Meetings Law
Mark reviewed the highlights from the state statutes on open meetings laws. These statutes require annual training and review on open meetings laws, which was part of the purpose of this meeting.
The group discussed the rule against voting on items not included on an agenda. The understanding is that an item can be discussed, but that no motions or votes can be taken.
An “emergency meeting” means an emergency situation, not just that someone wants something done quickly.
Most reasons for having a closed meeting would probably rarely apply to the Appeal Authority (personnel, contracts, land purchase, etc.)
Shouldn't the Attorney General’s office notify the town of any open meeting law changes? Did this happen? Peg will ask Judi.
Mark asked members to read through law and bring any questions to next meeting.
Designate New Chairperson and Board Member
Mark will go off the board at the end of the year; Loch is in place as vice-chair now. Mark would like to designate Loch as the new chairperson now, as he wants a smooth transition at year’s end, given that the Appeal Authority may not meet again during 2007.
The minutes from November 7, 2005 state that the vice chair automatically takes over as chair at the end of a term; however, Mark said state statute says the post must be elected. Jeff also thought that new members coming onto the board should be able to elect their own chair. Larry suggested that Loch assume chairmanship at Mark’s resignation and to serve until Mark's original term runs out at the end of 2007. The plan would be for Mark to resign as chair at end of meeting. Loch would assume that position, and at the next meeting, the Appeal Authority would elect a new chair to serve until the end of the year, at which time new elections for all positions would be held.

Bob Brems has resigned, and Don is his current alternate. The town has had a notice up for two months advertising an open position on the board. Mark recommended that Don be the official town appointee to Bob Brems’ position. The Town will need to approve the actual position and pick a new alternate to replace Don. Bill is going to recommend Don at the next town meeting (May 3).

Mark wants to resign because he feels he isn’t keeping up with things as well as he should. Remaining on the board, although not as chair, will allow him to still provide some knowledge and experience for the new chair.

Mark recommended that the Appeal Authority members review the sub-division ordinance and zoning ordinance changes that Bruce Parker has suggested for LUDMA compliance. Some of those changes directly affect the makeup, roles, responsibilities, and actions of the current Appeal Authority. Don is going to research the actual state statutes to help clarify the confusion about these changes.

Mark suggested that the Appeal Authority meet a little more often to keep up with the changing procedures since that’s what this board is largely responsible for: seeing that procedures have been properly followed and applied.

Loch suggested meeting next on June 20 (third Wednesday of month) and that the agenda states that the board is electing an interim vice chairman, with a new alternate selected. Other action would be to follow-up on responsibilities of the board, relative to LUDMA changes.

Jeff thinks more frequent meetings would be valuable to help keep everyone trained and up to date on new information coming out.

Loch moved to adjourn the meeting, and Larry seconded the motion. The meeting was adjourned at 9:35 p.m.

Margaret Smith Date
Appeals Authority Secretary

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