HomeMy WebLinkAboutPR 20666: REPLACING ONE (1) CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS BOARD MEMBER DUE TO THREE (3) CONSECUTIVE ABSENCES P.R. No. 20666
1/23/2019 ASR
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INTEROFFICE MEMORANDUM
Office of the Department of Inspections & Code Enforcement
Division of Demolition
Date: January 23. 2019
To: Harvey L. Robinson, Interim City Manager
Mayor and City Council Members
From: Ronald Burton,
Director of Development Service/Assistant City Manager
Re: P.R.NO.20666 REPLACING ONE(1)CONSTRUCTION BOARD OF ADJUSTMENT
AND APPEALS BOARD MEMBER DUE TO THREE (3) CONSECUTIVE ABSENCES
Nature of Request:
The Construction Board of Adjustment and Appeals Chairman recommend that the City Council
adopt P.R.No. 20666,replacing one(1)regular member on the Construction Board of Adjustment
and Appeals Board Member, Armin Caballero is being recommended by the Construction Board
Chairman to be replaced due to three (3) consecutive unexcused absences according to Ord. No.
18-49 Rule 2. Attendance of the Construction Board of Adjustment and Appeals Rules and
Regulations. Please see attendance charts attached.
Staff/Analysis:
Not applicable.
Recommendation:
Chairman recommends that the City Council adopts P.R. No. 20666, thereby replacing one (1)
regular board member(Armin Caballero) on the Construction Board of Adjustment and Appeals.
Budget Consideration:
Not applicable.
asr
cc: Darlene Thomas-Pierre
P.R. No. 20666
1/23/2019 ASR
RESOLUTION NO.
A RESOLUTION REMOVING A REGULAR BOARD MEMBER AND
APPOINTING A NEW MEMBER TO THE CONSTRUCTION BOARD
OF ADJUSTMENT AND APPEALS TO FILL A VACANCY
WHEREAS, pursuant to Ordinance No. 98-04, the City of Port Arthur created the
Construction Board of Adjustment and Appeals; 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, on September 11, 2018, the Construction Board has amended Ordinance
No. 18-02, as it pertains to Organization and Quorum Requirements; and
WHEREAS, pursuant to Ordinance No. 18-49, the City of Port Arthur amended the
Construction Board of Adjustment and Appeals Rules and Regulations; and
WHEREAS, as shown in attached Exhibit "A", Rule 2. Attendance of the Rules and
Regulations states "in the event any member is absent from three (3) consecutive regular board
meetings without having been excused,such member shall be reported by the Chairman to the City
Council for removal and appointment of another board member"; and
WHEREAS,the Board's attendance reports indicated that a board member has been absent
for three (3) consecutive regular meetings as delineated in Exhibit"B"; and
WHEREAS,the Board is requesting the City Council to remove the current board member
and appoint a new member to fill the position.
NOW THERFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the fact and opinions in the preamble are true and correct.
Section 2. That the City of Port Arthur herby confirms the removal of regular board
member, Armin Caballero, of the Construction Board of Adjustment and Appeals.
Section 3. That City Council hereby appoints to the
Construction Board of Adjustment and Appeals for a term of two (2) years.
Section 5. That in accordance with Resolution 98-157 this appointee shall immediately
contact the City Secretary, be sworn in, and receive a copy of Ordinance No. 18-49.
P.R.No. 20666
1/23/2019 ASR
Section 6. That this resolution shall become effective immediately after its passage.
Section 7. That a copy of this caption of this resolution be spread upon the Minutes of the
City Council.
READ, ADOPTED AND APPROVED this 29th day of January A.D., 2019, at a Regular
Meeting of the City Council of Port Arthur, TX by the following votes: AYES:
Mayor:
Councilmembers:
Noes:
Derrick Ford Freeman,
Mayor
ATTEST:
Sherri Ballard
City Secretary
APPROVED AS TO FORM:
Valecia R. Tizeno
City Attorney
P.R. No. 20666
1/23/2019 ASR
APPROVED FOR ADMINISTRATION:
Harvey L. Robinson
Interim City Manager
Ronald Burton
Director of Development Service/
Assistant City Manager
Exhibit "A"
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(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 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
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
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