MINUTES OF THE SPECIAL MEETING OF THE BUILDING CODE BOARD OF APPEALS OF THE VILLAGE OF METTAWA, ILLINOIS, HELD AT THE HOUR OF 8:30 A.M. ON SATURDAY, NOVEMBER 14, 2009, IN THE MAPLE ROOM OF THE HILTON GARDEN INN HOTEL, 26225 N. RIVERWOODS BOULEVARD, METTAWA, ILLINOIS

A. CALL TO ORDER

Chairman Timothy Towne called the meeting to order at 8:30 AM.

B. ROLL CALL

Upon a call of the roll, the following were:

Present: Members Clark and Vaneslow; and Chairman Towne

Absent: None

Chairman Towne declared a quorum present.

Also Present: Village Attorney John Zimmermann of the firm of Raysa & Zimmermann, LLC; and Village Clerk Cathy Nelson

C. ESTABLISH RULES AND REGULATIONS ? BUILDING CODE BOARD OF APPEALS

Chairman Towne welcomed everyone to the first meeting of the newly formed Board suggested they review the document drafted by the Village Attorney. He then asked the Village Attorney to present an overview of the Rules of Practice and Procedure, which was forwarded to the members for their review prior to this meeting.

During this presentation and subsequent discussion, the Board learned:

· The Board is not advisory but final on all matters coming before it.

· Every appeal is an appeal from a decision of the Building Administrator, in 3 categories:

1) Use of construction materials that do not conform to the specification of the Building Code;

2) Construction of a Building that does not strictly comply with a provision, or provisions of the Building Code; and/or

3) The interpretation of the Building Administrator of one or more Building Code regulations.

· The Board cannot grant variations from the Building Code but can modify it.

· The Building Administrator and the Village Clerk (as Secretary of this Board) are both ex-officio, non-voting members.

After discussion, it was moved by Member Clark, seconded by Member Vaneslow that the Rules of Practice and Procedure be adopted as presented and that the Chairman be authorized to sign the original thereof.

Upon roll call, the following voted:

Aye: Members Clark and Vaneslow; and Chairman Towne

Nay: None.

Chairman Towne declared the motion carried.

After further discussion, it was moved by Member Vaneslow and seconded by Member Clark that the Village Attorney draft a memorandum over the Chairman’s signature recommending that the Village Mayor and Board of Trustees adopt an amendment to Subsection F of Section 9.118 of the Building Code eliminating the Code requirement that all modifications of the Code by this Board of Appeals regarding use of materials not be binding upon all but affect the specific appeal involved with the request for such modification.

Upon roll call, the following voted:

Aye: Members Clark and Vaneslow; and Chairman Towne

Nay: None.

Chairman Towne declared the motion carried.

D. REVIEW OF DARCY BONNER’S LETTER, REFERRED BY VILLAGE BOARD

Chairman Towne announced and the Village Clerk verified that this letter has been withdrawn.

E. ADJOURNMENT

With no further business to conduct, it was moved by Member Vaneslow and seconded by Member Clark that the meeting be adjourned.

When the Chairman asked who was in favor of the motion, the Board unanimously voted “Aye” viva voce.

Chairman Towne declared the motion carried and the meeting adjourned at 9:30 A.M.

Cathy Nelson, Secretary