HomeMy WebLinkAboutAppeals.Minutes.11-08-2012 MINUTES
BOARD OF APPEALS
City of Cape Girardeau
P.O. Box 617
Cape Girardeau, Missouri 63702-0617
November 8, 2012
The Board of Appeals met on Thursday, November 8, 2012 at 7:00 p.m., in the Council
Chambers, City Hall, at 401 Independence Street.
Members Present: Dave Alberson, Dave Pfeiffer, Tony Sebek, Joe
Burton, and Mike Annis (alternate).
Members Absent: Paul Grebe, Melanie Cantrell, Farris Nabors
and Tom Phillips (alternate)
The meeting was called to order at 7:00 p.m. by Chairman Dave Alberson and the roll
was called.
Motion was made by Dave Pfeiffer to accept the minutes from the August 9, 2012
meeting; Tony Sebek seconded the motion. The motion passed 6-0 in favor.
Chairman Dave Alberson opened the meeting by recognizing the City Manager, Scott
Meyer and the City Attorney, Eric Cunningham.
City Manager, Scott Meyer appeared before the Board of Appeals to thank the board for
their service on the advisory board. City Attorney, Eric Cunningham opened his
presentation to the board about Conflicts of Interest Rules and the Sunshine Law.
Conflict of Interest: Chapter 2 of the City Code of Ordinances. The city government is
considered a corporation by the legislature of the State of Missouri. The proper
operation of municipal government requires that public officials and employees be
independent, impartial and responsible to the people; that public office not be used for
personal gain. The key to the Conflict of Interest Article is disclosure. Any member of
the board who has substantial personal or private interest as defined by this chapter in
any matter before the board shall disclose to the board the nature of that interest and
shall be disqualified from voting on, discussing with the board or talking to the staff on
any matters relating to this interest.
Sunshine Law: Chapter 610-010 of the Revised Statues of Missouri. All public
governmental bodies are subject to provisions of the Sunshine Law; this includes city
councils, advisory boards and commissions. The Sunshine Law establishes specifc
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Meeting
November 8, 2012
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requirements for providing notice of meetings to the public and the media. Each
meeting shall be held at a place reasonably accessible to the public and of sufficient
size to accommodate the anticipated attendance by members of the public and at a time
reasonably convenient to the public. Closed meetings are authorized for limited
purposes and with specific procedures under Section 610.021 . Any person, taxpayer,
the attorney general, or the prosecuting attorney may bring an action to enforce the
Sunshine Law. When in doubt as to any of the provisions of the Sunshine Law, you
should discuss the matter with your staff contact and ask for an opinion from the City
Attorney's Office.
Discussion of Code Sections of the 2008 National Electric Code and
2009 International Residential Code,
Staff presented proposed amendments to the 2008 National Electrical Code as follows:
2008 National Electrical Code
The 2008 National Electrical Code is modified and amended in the following respects:
Section 250.52(A)(1) Metal Underground Water Pipe is repealed in it's entirety and a
new paragraph inserted to read as follows:
(1) Metal Underground Water Pipe. Metal underground water pipe is not
permitted as a grounding electrode in new construction. In existing
construction, metal underground water pipe shall be discontinued as a
grounding electrode upon renovation or upgrade of the electrical system
or service, and shall be replaced with additional electrodes, at the
discretion of the electrical inspector, providing resistance as specified in
NEC 250.56.
Paragraph (2) of Section 250.70 Methods of Grounding and Bonding Conductor
Connection to Electrodes is modified to read as follows:
(2) Two (2) listed bolted clamps of cast bronze or brass, or plane or
malleable iron.
Mike Annis made a motion to accept the paragraph by the staff for Section
250.52(A)(1) and Section 250.52(A)(2) as presented. Joe Burton seconded the
motion, the motion passed 5-0 in favor.
Board of Appeals
Meeting
November 8, 2012
Page 3
2009 International Residential Code for One and Two Family Dwellings.
The staff informed the Board that the City Manager does not want to bring the issue
requiring application of one (1) layer of sheetrock to the underside of I-joists and similar
light weight structural members back to Council at this time as created as an
amendment to Section R313 of the 2009 International Residential Code.
FEMA P-30 Third Edition. Taking Shelter From The Storm.
Proposed adoption of FEMA P-30 Third Edition, August 2008. Discussion opened
about the residential plans with safe rooms labeled for plan review. Staff suggested to
the board to adopt the FEMA standards and use the standards for rooms labeled as
safe rooms.
Tony Sebek made a motion to adopt FEMA P-30 Third Edition, August 2008 as a
reference to the building codes. Mike Annis seconded the motion, the motion passed 5-
0 in favor.
Being there was no other business at this time; a motion was made to adjourn. The
meeting adjourned at 8:30 p.m. The next meeting of the Board of Appeals is scheduled
for December 13, 2012.
espectfully Submitted,
Dave Alberson
Chairman