The Fenton City Council voted Monday, July 8 to convene a Construction Board of Appeals.
According to Building and Zoning Administrator Mike Reilly in a memo to City Manager Lynn Markland, “Upon review and consultation with the city clerk, it is apparent that a formal, approved Construction Board of Appeals was never established.”
The former members of the now inactive Building Board of Appeals are no longer eligible to serve in this capacity on the new board.
An appeals board is required to provide an aggrieved party a forum to which they can appeal a decision of interpretation.
The State Construction Codes require the formation of an appeals board with members who are qualified by licensure or experience, Reilly said. Based on their expertise, Reilly recommended the mayor appoint the following members:
• Kevin Johnson (general contractor) of Rhoades & Johnson Construction in Fenton
• James Wait (electrical contractor) of Craftsman Electric in Fenton
• Nicholas Will (residential builder) of Trademark Building in Fenton
• James Rolls (plumbing/mechanical contractor) of LJ Rolls Heating/Plumbing
• Brad Alvord (architect) of Lindhout Associates Architects of Fenton
Reilly provided council members with bylaws that were approved on April 26, 1995. Those bylaws indicate that a chairman and vice-chairman are to be chosen. The chairman will be charged with scheduling meetings and that all meetings will be open to the public. The membership will select which members they want to serve as chairman and vice chairman.
In addition to those required by law, the board may, at its discretion, hold public hearings when it decides that such hearings will be in be public interest.
As far as the petitioning process, a petitioner must submit his request to the city administration on the appropriate government forms. The board will then have 30 days to schedule a hearing before the Building Board of Appeals, which has been inactive for several years. A decision must be reached within 90 days of the submission date.
The city administration must submit to each board member, seven days in advance of a board meeting, the petition, the administration’s findings and recommendations.
The bylaws may be amended by a two-thirds vote of the entire membership of the newly named Construction Board of Appeals.