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HomeMy WebLinkAboutPO 6731: AMENDING ORD 18-02 AS IT PERTAINS TO QUORUM REQUIREMENTS OF THE CONSTRUCTION BOARD OF ADJUSTMENTS & APPEALS c-,ry of la 4 s ,i„ 4., iti .,rr rthu1r Texas INTEROFFICE MEMORANDUM Office of the Department of Inspections & Code Enforcement Demolition Division Date: September 04, 2018 To: Mr. Harvey L. Robinson, Interim City Manager Mayor and City Council From: Darlene Thomas-Pierre, Director of Inspections &Code Compliance \C.,\j:k.,..2—_–) 4=1").< Re: P. O. NO. 6731–AN ORDINANCE AMENDING NUMBER 18-02, AS IT PERTAINS TO ORGANIZATION AND QUORUM REQUIREMENTS OF THE CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS COMMENT Nature of the Request: • The CBOAA requests that the City Council adopt P. O. No. 6731, amending Ordinance No. 18-02, as it pertains to Organization and Quorum Requirements. Staff Analysis/Considerations: City Council approved Ordinance#18-02 on January 16, 2018 which changed the rules and regulations of the CBOAA and increased the number of board members for an quorum to four(4). Recommendation: The CBOAA requests that the City Council adopt P. O. No. 6731, amending Ordinance No. 18-02, as it pertains to Organization and Quorum Requirements. Budget Consideration: Not Applicable. asr cc: Ron Burton "Remember we are here to serve the Citizens of Port Arthur" P.O.BOX 1089 •PORT ARTHUR,TEXAS 77641-1089•409/983-8209•FAX 409/983-8130 P. O. No. 6731 08/31/18 AR ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NUMBER 18-02 AS IT PERTAINS TO ORGANIZATION AND QUORUM REQUIREMENTS OF THE CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS WHEREAS, Ordinance No. 98-04 created the Construction Board of Adjustments and Appeals and established the makeup of the Board; and WHEREAS,the scope of duties of the Board is delineated in Section 113 of the 2012 International Building Code, Section 54.033 of the Texas Local Government Code, and in Ordinance No. 98.04; and WHEREAS, on January 16, 2018, per ordinance 18-02, the City Council affirmed the changes to the Construction Board of Adjustments Rules and Regulations; and WHEREAS, as shown in the attached Exhibit "A", the Construction Board has requested to Amend Ordinance No. 18-02, as it pertains to Organization and Quorum Requirements. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. THAT the facts and opinions in the preamble are true and correct. Section 2. THAT the City Council hereby affirms the changes to the Construction Board of Adjustment and Appeals "Rules and Regulations", as it pertains to Quorum Requirements as delineated in Exhibit"A" and "B" attached hereto. Section 3.THAT this Ordinance shall become effective immediately upon passage. Section 4.THAT a copy of the caption of this Ordinance be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED this the 11th day of September, A.D., 2018, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: P. 0. No. 6731 08/31/18 AR MAYOR: COUNCILMEMBERS: NOES: MAYOR ATTEST: APPROVED AS TO FORM: SHERRI BELLARD, CITY SECRETARY VAL TIZENO, CITY ATTORNEY APPROVED FOR ADMINISTRATION: HARVEY L. ROBINSON • "LENE THOM r -' RR: INTERIM CITY MANAGER I I'ECTOR OF INSPECTION' CODE OMPLIANCE STATE OF TEXAS COUNTY OF JEFFERSON RULES AND REGULATIONS OF THE CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS On October 2, 2012 the City Council adopted International Building Code (Ordinance No. 12-66) in its entirety except for a few amendments thereto. These regulations have been or will be codified in Article III of Chapter 6 of the Code of Ordinances. During the meeting of(December 5, 2016) attended by Board Members Warren Field, Chairman, Araina Daniels, Armin Caballero, Brian McZeal, Allen Watson and Clifton Batiste Jr., Vice Chairman proposed the adoption of new rules and regulations. A copy of said rules shall be filed with the City Secretary and shall be made available to the public. These rules and regulations supersede any previous rules and regulations and bylaws adopted or used by this Board. RULE 1. ORGANIZATION The Construction Board of Adjustments and Appeals, hereinafter denoted as the "Board". The composition or number of members on the Board is a direct equivalent to number of seat holders on the City Council.Only one(1) Board member represents a Council member; and only the Council seat holders can appoint or reappoint their representative to the Board. as stated in Chapter 11 211 and 11 212 of the City of Port Arthur Code of Ordinances. -- .. ' -- - - :.., . ' - - - .This is as delineated under Section 113 of the 2012 International Building Code,Ordinance No. 12-66 and by Section 54.033,of the Texas Local Government Code, V.T.C.A. Terms shall be staggered to maintain experienced individuals on the Board.This will be accomplished by listing the date a member was appointed to determine their service time.Members will serve until a new member is appointed. SECTION 1. OFFICERS The officers of the Construction Board of Adjustments and Appeals shall consist of a Chairman, a Vice- Chairman, and a Secretary. The membership shall elect its Chairman and Vice-Chairman every two (2) years at the start of the new fiscal year during its October Meeting. No more than three (3) consecutive two (2)year terms can be held by the Chairman and Vice—Chairman. After the term limit has been reached by these Officers,they cannot hold said office positions again until a Page 1 minimum of two (2)years have passed. The Secretary's position is appointed and is held continuously by the Director of Code Compliance. SUBSECTION A. CHAIRMAN The Chairman shall preside at all meetings and hearings of the Board; shall maintain order at all times; and shall decide all points of parliamentary procedure unless directed by a majority of the Board in session at the time. SUBSECTION B. VICE-CHAIRMAN The Vice-Chairman shall preside at Board meetings in the absence of the Chairman and shall fulfill all duties of the Chairman. Should the Chairman resign, or that office becomes vacant for other reasons,the Vice-Chairman shall act as Chairman until an election for a new Chairman can be held at the next meeting of the Board. SUBSECTION C. SECRETARY The Director of Community Services/Code Compliance is herein appointed as the Secretary of the Board. The secretary or secretary's designees shall be responsible for preparing the agenda and minutes for the Board,maintaining the records, sending out the notices,presenting all cases before the Board;preparing and finalizing required documents for the adoption of updated current by-laws of the Construction Board. The documents shall be presented to City Council for affirmation at their first(1st)meeting following the Board meeting in which the by-laws were updated; and or no later than the second(2"d)council meeting;and assisting the Board with such other tasks as are needed for the Board to carry out its functions as delineated in Ordinance No. 98-04, Chapter 54,Texas Local Government Code, and Section 551, Government Code, V.C.T.A. RULE 2. ATTENDANCE All members of the Construction Board of Adjustments and Appeals shall be obligated to attend all regularly scheduled meetings of the Board unless excused by official action of the Board. In the event any member of the Board shall be absent from three(3)consecutive regular meetings without having been excused for such absences, such member shall be reported by the Chairman to the City Council for removal,and appointment of another board member. Page 2 RULE 3. CODE OF ETHICS The individual members of the Construction Board of Adjustments and Appeals shall adhere to the following Code of Ethics when dealing with appeals and applications that come before the Board. SUBSECTION A. PERSONAL INTEREST It is declared to be the policy of the Construction Board of Adjustments and Appeals that said Board shall be free of influence of any personal financial interest. Any member having any personal financial interest as defined by Chapter 171 of the Texas Local Government Code in a matter before the Board shall abstain from voting and shall file an affidavit with the Secretary describing the conflict of interest. SUBSECTION B. NO DISCUSSIONS PRIOR TO HEARINGS It is further declared to be the policy of the Construction Board of Adjustments and Appeals that in the interest of fairness to the appellants appearing before the Board and those appearing in opposition to the same, that no discussion shall be held by a member or members of this Board with the appellant, or interested parties concerning the applicant or other matter before the Board either at home or office,in person,by telephone,fax or letter. All such discussions shall be held at the public hearing called for the purpose so that all members shall have full benefit of such discussion. The Board members may read the order of the building official, the appeal, and the written recommendations of the secretary prior to the hearing,such documents being on file and a matter of public record. RULE 4. MEETING SECTION 1. DATE, PLACE AND TIME. Regular meetings of the Construction Board of Adjustments and Appeals shall be in the Fifth Floor City Council Chambers of City Hall at 2:00 P.M. on the third Thursday of each month,except when there is no business to be transacted. Special meetings may be held at any time and at any place within the City,upon call of the Chairman,Vice-Chairman, Secretary, or as ordered by the Board. Page 3 SECTION 2. QUORUM A quorum of the Construction Board of Adjustments and Appeals shall consist of a majority of members of simple majority of the members on the board; and pursuant to section 54.034 of the Texas Local Code, a quorum must be present for the transaction of all business and to hear an appeal. SECTION 3. PUBLIC ACCESS Except for executive sessions as allowed by Chapter 551 of the Government Code,V.T.C.A.,all meetings of the Construction Board of Adjustments and Appeals shall be open to the public. SECTION 4. RULES OF PROCEDURE The Board hereby adopts Robert's Rules of Order(August 1993 edition as published by Berkley Publishing) as its rule of procedure which shall govern the business proceedings of the Board whenever they are not in conflict with the provisions of these rules,Chapter 54 of the Texas Local Government Code,V.T.C.A.,and Section 551 et seq. of the Government Code, V.T.C.A. SECTION 5. POSTING OF MEETING/HEARING NOTICE Notices of all meetings and public hearings shall be posted on the bulletin board in the lobby at City Hall and on the Government Channel at least 72 hours before such meeting or hearing in accordance with the Texas Open Meetings Law, and shall contain such information as to reasonably disclose to the public the date, hour,place and subject of the meeting and of the public hearing. A copy of said notice shall be given to the City Secretary, City Attorney, City Manager,the members of the Board,and shall be made available to the public. In all cases to be heard by the Board, notice must (1) be given by certified mail, return receipt requested,to all owners and lien holders as shown in the real estate records; (2)be posted on the front door of the improvement; and (3) be published in the official newspaper of the City on or before the 10th day before the date of the hearing or as otherwise required by Section 54.035, of the Texas Local Government Code,V.T.C.A. SECTION 6. MINUTES The meetings shall be tape-recorded by the Director of Code Compliance or his/her designee, and minutes shall be kept of the proceedings as required by Section 54.034, of the Texas Local Government Code and Section 551 et seq. Local Government Code. The Chairman shall do the following: Page 4 1) Announce the time the meeting is convened; 2) Announce who is attending the meeting; 3) Determine if sufficient notice has been given; 4) Determine if a quorum is present; 5) Announce the subjects as delineated in the agenda; 6) Only allow matters to be discussed which are on the agenda; 7) Announce whether a Motion has been properly sustained under Section 113 of the International Building Code and Chapter 54 of the Texas Local Government Code; and 8) Announce the time that the meeting is adjourned. RULE 5. HEARINGS SECTION 1. PUBLIC ACCESS All hearings shall be open to the public. SECTION 2. REPRESENTATION The applicant may appear in his/her own behalf or be represented by an attorney at said hearing. In the absence of any personal appearance on behalf of the applicant,the Construction Board of Adjustments and Appeals will proceed to dispose of the matter on record before it. SECTION 3. AGENDA ITEM PROCEDURE The following procedure will be observed in the hearing of an appeal as allowed under Section 113 of the International Building Code. 1) The Chairman shall call for each case. 2) The Secretary will read the public notice, give a description of the facts of the case, the orders and opinions issued by the building official, the reasons for the appeal, and his recommendation. 3) The proponents of the appeal or request shall have five (5)minutes to present their case or proposal. 4) Opponents of an appeal,if any,shall present their statements of opposition under the same limitations as the proponents. Page 5 5) Following presentation, the Chairman shall permit comments from the audience. Comments shall be limited to no more than five (5) minutes per person desiring to speak. 6) Proponents shall be permitted a five- (5) minute rebuttal. 7) Following the rebuttal, the Construction Board of Adjustments and Appeals may receive or direct questions to the appellant or to staff. 8) The public hearing shall then be closed by the Chairman, after which the applicant or citizens may not present additional testimony. 9) The Chairman shall call for discussion of the case among the Board members, and any member may make a motion to approve or deny the appeal or request. 10)If it is determined by the Board that there is insufficient information for proper decision,the application may be tabled for action and postponed, and the Secretary instructed to secure the desired information. Nevertheless, in accordance with Section 113 of the 2012 International Building Code,the Board will reach a decision without unreasonable or unnecessary delay. 11)During Board meetings, no person other than a member of the Board, the Director and the Appellant shall be heard on any matter or proposition coming before the meeting or public hearing unless invited to speak by the Chairman,and then shall speak so as to be heard distinctly by the Board,giving name,job title and address. 12)The vote of each member present on each decision shall be recorded with the decision. If any application is granted by the Board, all permits necessary for the work shall be obtained within thirty (30)days and construction completed within six(6)months from the date of the decision of the Board or it shall be considered void. The Board may grant extensions of the completion requirements(or leave it to the discretion of the Director). 13)Every decision of the Construction Board of Adjustments and Appeals shall be final as required by Section 113 of the Building Code.Appeals,if any, shall be to a District Court of Appeals as delineated under Section 54.039 of the Texas Local Government Code, V.T.C.A. 14)No additional application to the Board shall be allowed,unless there shall have been a substantial change in the circumstances affecting such property since the prior decision on the same piece of property. Page 6 RULE 6. EXCEPTIONS Exceptions to these procedures may be allowed for extraordinary circumstances,which shall be documented in the minutes. SIGNED AND ADOPTED on the 16th day of January 2017. Warren Field, Chairman Araina Daniels, Vice Chairman Armin Caballero Brian McZeal Allen Watson Clifton Batiste, Jr. APPROVED AS TO FORM: Darlene Thomas-Pierre, Dir. of Inspections & Code Compliance Valecia Tizeno, City Attorney AR/08/31/16 Page 7 Exhibit B STATE OF TEXAS COUNTY OF JEFFERSON RULES AND REGULATIONS OF THE CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS On October 2, 2012 the City Council adopted International Building Code (Ordinance No. 12-66) in its entirety except for a few amendments thereto. These regulations have been or will be codified in Article III of Chapter 6 of the Code of Ordinances. During the meeting of(December 5, 2016) attended by Board Members Warren Field, Chairman, Araina Daniels, Armin Caballero, Brian McZeal, Allen Watson and Clifton Batiste Jr., Vice Chairman proposed the adoption of new rules and regulations. A copy of said rules shall be filed with the City Secretary and shall be made available to the public. These rules and regulations supersede any previous rules and regulations and bylaws adopted or used by this Board. RULE 1. ORGANIZATION The Construction Board of Adjustments and Appeals, hereinafter denoted as the "Board". The composition or number of members on the Board is a direct equivalent to number of seat holders on the City Council.Only one(1) Board member represents a Council member; and only the Council seat holders can appoint or reappoint their representative to the Board. This is as delineated under Section 113 of the 2012 International Building Code, Ordinance No. 12-66 and by Section 54.033, of the Texas Local Government Code, V.T.C.A. Terms shall be staggered to maintain experienced individuals on the Board.This will be accomplished by listing the date a member was appointed to determine their service time.Members will serve until a new member is appointed. SECTION 1. OFFICERS The officers of the Construction Board of Adjustments and Appeals shall consist of a Chairman, a Vice- Chairman, and a Secretary. The membership shall elect its Chairman and Vice-Chairman every two (2) years at the start of the new fiscal year during its October Meeting. No more than three (3) consecutive two (2)year terms can be held by the Chairman and Vice—Chairman. After the term limit has been reached by these Officers,they cannot hold said office positions again until a minimum of two (2) years have passed. Page 1 The Secretary's position is appointed and is held continuously by the Director of Code Compliance. SUBSECTION A. CHAIRMAN The Chairman shall preside at all meetings and hearings of the Board; shall maintain order at all times; and shall decide all points of parliamentary procedure unless directed by a majority of the Board in session at the time. SUBSECTION B. VICE-CHAIRMAN The Vice-Chairman shall preside at Board meetings in the absence of the Chairman and shall fulfill all duties of the Chairman. Should the Chairman resign, or that office becomes vacant for other reasons,the Vice-Chairman shall act as Chairman until an election for a new Chairman can be held at the next meeting of the Board. SUBSECTION C. SECRETARY The Director of Community Services/Code Compliance is herein appointed as the Secretary of the Board. The secretary or secretary's designees shall be responsible for preparing the agenda and minutes for the Board,maintaining the records, sending out the notices,presenting all cases before the Board;preparing and finalizing required documents for the adoption of updated current by-laws of the Construction Board.The documents shall be presented to City Council for affirmation at their first(1st)meeting following the Board meeting in which the by-laws were updated; and or no later than the second(r1)council meeting;and assisting the Board with such other tasks as are needed for the Board to carry out its functions as delineated in Ordinance No. 98-04, Chapter 54,Texas Local Government Code, and Section 551, Government Code, V.C.T.A. RULE 2. ATTENDANCE All members of the Construction Board of Adjustments and Appeals shall be obligated to attend all regularly scheduled meetings of the Board unless excused by official action of the Board. In the event any member of the Board shall be absent from three(3)consecutive regular meetings without having been excused for such absences, such member shall be reported by the Chairman to the City Council for removal,and appointment of another board member. Page 2 RULE 3. CODE OF ETHICS The individual members of the Construction Board of Adjustments and Appeals shall adhere to the following Code of Ethics when dealing with appeals and applications that come before the Board. SUBSECTION A. PERSONAL INTEREST It is declared to be the policy of the Construction Board of Adjustments and Appeals that said Board shall be free of influence of any personal financial interest. Any member having any personal financial interest as defined by Chapter 171 of the Texas Local Government Code in a matter before the Board shall abstain from voting and shall file an affidavit with the Secretary describing the conflict of interest. SUBSECTION B. NO DISCUSSIONS PRIOR TO HEARINGS It is further declared to be the policy of the Construction Board of Adjustments and Appeals that in the interest of fairness to the appellants appearing before the Board and those appearing in opposition to the same, that no discussion shall be held by a member or members of this Board with the appellant, or interested parties concerning the applicant or other matter before the Board either at home or office,in person,by telephone,fax or letter. All such discussions shall be held at the public hearing called for the purpose so that all members shall have full benefit of such discussion. The Board members may read the order of the building official, the appeal, and the written recommendations of the secretary prior to the hearing,such documents being on file and a matter of public record. RULE 4. MEETING SECTION 1. DATE, PLACE AND TIME. Regular meetings of the Construction Board of Adjustments and Appeals shall be in the Fifth Floor City Council Chambers of City Hall at 2:00 P.M. on the third Thursday of each month, except when there is no business to be transacted. Special meetings may be held at any time and at any place within the City,upon call of the Chairman, Vice-Chairman, Secretary, or as ordered by the Board. Page 3 SECTION 2. QUORUM A quorum of the Construction Board of Adjustments and Appeals shall consist of a simple majority of the members on the board; and pursuant to section 54.034 of the Texas Local Code,a quorum must be present for the transaction of all business and to hear an appeal. SECTION 3. PUBLIC ACCESS Except for executive sessions as allowed by Chapter 551 of the Government Code,V.T.C.A.,all meetings of the Construction Board of Adjustments and Appeals shall be open to the public. SECTION 4. RULES OF PROCEDURE The Board hereby adopts Robert's Rules of Order(August 1993 edition as published by Berkley Publishing) as its rule of procedure which shall govern the business proceedings of the Board whenever they are not in conflict with the provisions of these rules,Chapter 54 of the Texas Local Government Code,V.T.C.A.,and Section 551 et seq. of the Government Code, V.T.C.A. SECTION 5. POSTING OF MEETING/HEARING NOTICE Notices of all meetings and public hearings shall be posted on the bulletin board in the lobby at City Hall and on the Government Channel at least 72 hours before such meeting or hearing in accordance with the Texas Open Meetings Law, and shall contain such information as to reasonably disclose to the public the date, hour,place and subject of the meeting and of the public hearing.A copy of said notice shall be given to the City Secretary,City Attorney, City Manager,the members of the Board,and shall be made available to the public. In all cases to be heard by the Board, notice must (1) be given by certified mail, return receipt requested,to all owners and lien holders as shown in the real estate records; (2)be posted on the front door of the improvement; and (3) be published in the official newspaper of the City on or before the 10`h day before the date of the hearing or as otherwise required by Section 54.035, of the Texas Local Government Code, V.T.C.A. SECTION 6. MINUTES The meetings shall be tape-recorded by the Director of Code Compliance or his/her designee,and minutes shall be kept of the proceedings as required by Section 54.034, of the Texas Local Government Code and Section 551 et seq. Local Government Code. The Chairman shall do the following: Page 4 9) Announce the time the meeting is convened; 10)Announce who is attending the meeting; 11)Determine if sufficient notice has been given; 12)Determine if a quorum is present; 13)Announce the subjects as delineated in the agenda; 14)Only allow matters to be discussed which are on the agenda; 15)Announce whether a Motion has been properly sustained under Section 113 of the International Building Code and Chapter 54 of the Texas Local Government Code; and 16)Announce the time that the meeting is adjourned. RULE 5. HEARINGS SECTION 1. PUBLIC ACCESS All hearings shall be open to the public. SECTION 2. REPRESENTATION The applicant may appear in his/her own behalf or be represented by an attorney at said hearing. In the absence of any personal appearance on behalf of the applicant,the Construction Board of Adjustments and Appeals will proceed to dispose of the matter on record before it. SECTION 3. AGENDA ITEM PROCEDURE The following procedure will be observed in the hearing of an appeal as allowed under Section 113 of the International Building Code. 15)The Chairman shall call for each case. 16)The Secretary will read the public notice, give a description of the facts of the case, the orders and opinions issued by the building official,the reasons for the appeal, and his recommendation. Page 5 17)The proponents of the appeal or request shall have five (5) minutes to present their case or proposal. 18)Opponents of an appeal,if any,shall present their statements of opposition under the same limitations as the proponents. 19)Following presentation, the Chairman shall permit comments from the audience. Comments shall be limited to no more than five (5)minutes per person desiring to speak. 20)Proponents shall be permitted a five- (5)minute rebuttal. 21)Following the rebuttal, the Construction Board of Adjustments and Appeals may receive or direct questions to the appellant or to staff. 22)The public hearing shall then be closed by the Chairman, after which the applicant or citizens may not present additional testimony. 23)The Chairman shall call for discussion of the case among the Board members, and any member may make a motion to approve or deny the appeal or request. 24)If it is determined by the Board that there is insufficient information for proper decision,the application may be tabled for action and postponed,and the Secretary instructed to secure the desired information. Nevertheless, in accordance with Section 113 of the 2012 International Building Code,the Board will reach a decision without unreasonable or unnecessary delay. 25)During Board meetings, no person other than a member of the Board, the Director and the Appellant shall be heard on any matter or proposition coming before the meeting or public hearing unless invited to speak by the Chairman,and then shall speak so as to be heard distinctly by the Board,giving name,job title and address. 26)The vote of each member present on each decision shall be recorded with the decision. If any application is granted by the Board, all permits necessary for the work shall be obtained within thirty (30)days and construction completed within six(6)months from the date of the decision of the Board or it shall be considered void. The Board may grant extensions of the completion requirements(or leave it to the discretion of the Director). 27)Every decision of the Construction Board of Adjustments and Appeals shall be final as required by Section 113 of the Building Code.Appeals, if any, shall be to a District Court of Appeals as delineated under Section 54.039 of the Texas Local Government Code, V.T.C.A. Page 6 28)No additional application to the Board shall be allowed,unless there shall have been a substantial change in the circumstances affecting such property since the prior decision on the same piece of property. RULE 6. EXCEPTIONS Exceptions to these procedures may be allowed for extraordinary circumstances,which shall be documented in the minutes. SIGNED AND ADOPTED on the 11th day of September 2018. Warren Field, Chairman Araina Daniels,Vice Chairman Armin Caballero Brian McZeal Allen Watson Clifton Batiste,Jr. APPROVED AS TO FORM: Darlene Thomas-Pierre, Dir. of Inspections & Code Compliance Valecia Tizeno, City Attorney AR/09/04/18 Page 7