Organizational Meeting - HOUSING CODE BOARD OF APPEALS
November 30, 2006
Director of the Office of
Building and Housing Inspection, Michael E. Ninteau,
called the organizational meeting of the Town of Mansfield Housing Code Board
of Appeals to order at 5:01 p.m. in the Council Chambers of the
I. ROLL CALL
Members present: Brian McCarthy, Richard Pellegrine, Francis Halle and Robert Kremer. Michael E. Ninteau, Jennifer Thompson and Derek A. Debus were also present at the meeting.
Member(s) absent: Agatha Hoover
II. BUSINESS MEETING
A. Welcome / Introductions
Michael Ninteau thanked the members for their willingness to serve on the Board and attending this meeting. He proceeded to introduce staff – Jennifer Thompson, administrative assistant, and Derek Debus, Housing Code Enforcement Officer, and describe their respective administrative and/or fieldwork responsibilities generally. Jennifer Thompson shall serve as Secretary to the Board, prepare meeting agendas and maintain minutes.
B. Compliance Requirements of Property Maintenance Code
A booklet was provided to the Board members containing sections specific to housing code appeals from the International Property Maintenance Code, the Town Ordinance adopting the Housing Code and a list of board members. Michael Ninteau highlighted some of the provisions of the code, drawing attention to well and septic reports, Chapter 9 Rental Certifications and Inspections and the certification zone map.
C. Board of Appeals
Michael Ninteau briefly reviewed the role of the Board. Board members will be required to examine, assess and make decisions on appeal applications in accordance with code criteria. At such time an appeal is heard by the Board, members will be provided copies of relative code sections for reference, inspection report and additional information, if any, relating to the subject of appeal.
Richard Pellegrine requested the establishment of procedures for hearings for consistency and order. He made reference to Section 111.4.1 of the Property Maintenance Code. What documents will be expected from an appeal applicant? Will the applicant be first heard for sides involved in the subject of appeal? It was the consensus of members present that there was a need for uniformity. Administrative assistant, Jennifer Thompson, shall prepare a draft application form for appeal and detail procedures for hearings. The detail is to be forwarded to the members in draft for review and voted for approval at the next meeting of the Board.
Discussion ensued regarding whether a special or regular meeting schedule would best fit the needs of the Board. Pursuant to Code, appeal matters are to be heard 20 days of filing or at regular schedule meetings. Members voiced opinion that a regular set meeting schedule would be preferable for their calendar planning. If no appeal was submitted in particular period timeframe then meeting could be tabled. At least if schedule made and appeal application received, it would be easiest for parties involved to know when the matter would be heard. Robert Kremer suggested Monday evenings. A 5:00 pm meeting time was suggested by Francis Halle. Brian McCarthy noted that the 2nd Monday of each month might be a date less conflicting with holiday occurrences. Upon review of a 2007 calendar, the following schedule was carried unanimously:
January 8, 2007 July 9, 2007
February 12, 2007 August 13, 2007
March 12, 2007 September 10, 2007
April 9, 2007 October 15, 2007
May 14, 2007 November 19, 2007
June 11, 2007 December 10, 2007
The secretary was instructed to post this schedule as the calendar of the Board and forward a copy to all members via mail.
D. Call for Nominations
Michael Ninteau called for nominations of a Chairperson. Francis Halle nominated and Robert Kremer seconded Richard Pellegrine for this position. Making note that the months of February and March it may be difficult for him to be in attendance at meetings due to family commitments, Richard Pellegrine declined the nomination.
Robert Kremer nominated Francis Halle as Chairman. Richard Pellegrine seconded. All being in favor, the motion was carried. Francis Halle shall serve as Chairman of the Housing Code Board of Appeals for the 2007 year.
III. HOUSING CODE QUESTIONS / ANSWERS
Upon question from
Robert Kremer, Michael Ninteau confirmed that all
residential rental property owners within the Town of
Upon question from Brian McCarthy, Derek Debus verified that the Housing Inspection office would act on complaints relating to property outside of the certification zone.
Upon question from Richard Pellegrine, Michael Ninteau stated that if an applicant of appeal is not satisfied with the Board decision, that person might seek further appeal to the Superior Court.
Richard Pellegrine expressed concern with how a decision of the Board would be presented. Members discussed options of public vote or executive decision to follow a hearing. Members agreed that a decision vote on an appeal subject matter would be public unless extreme circumstances warranted otherwise.
IV. ADJOURNMENT
There being no further business to be presented to the members, Robert Kremer moved to adjourn the meeting. Francis Halle and Brian McCarthy simultaneously seconded.
Motion so passed.
Respectfully submitted,