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Home My WebLink AboutPR 23080: APPOINTING A MEMBER OF THE ZONING BOARD OF ADJUSTMENT Croy of t nrt rtltu — T ,. www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: March 24, 2023 To: Honorable Mayor and City Councilmembers Through: Ronald Burton, City Manager From: Pamela D. Langford, Asst. City Manager—Operations/Dir. of Development Services RE: P.R. NO. 23080 —Appointing a member of the Zoning Board of Adjustment Introduction: This agenda item intends to seek the City Council's approval of P.R. NO. 23080 appointing a member to the City's Zoning Board of Adjustment to fill an unexpired term created by the resignation of Beverly Raymond. Ms. Raymond is a current and active member of the City of Port Arthur Section 4-A Economic Development Corporation's Board of Directors and shall not be a member serving on any board or committee of the City of Port Arthur. Ms. Raymond is scheduled to expire on October 30, 2023. Background: On March 24, 2023, Beverly Raymond was contacted by Planning Staff regarding concerns about board member attendance at scheduled Zoning Board of Adjustment (ZBA) meetings. Ms. Raymond informed staff that she currently serves on the Port Arthur Section 4-A Economic Development Corporation's (PAEDC) Board of Directors, and in accordance with Article VII, Section 7.02 of the PAEDC By-Laws, no member shall serve on any board or committee of the City of Port Arthur, which prohibits her from continuing her appointment with the Zoning Board of Adjustment (ZBA). In accordance with Appendix A, Section 5.04 of the City of Port Arthur's Zoning Ordinance, the ZBA is hereby created consisting of the same number of members as the City Council (including its chairperson). In the event of a vacancy occurring in the membership of the Board for any reason, an appointment for the remainder of the vacant term must be made in the same manner as regular appointments. Ms. Beverly Raymond was appointed to the ZBA on October 24, 2017, by Resolution No. 17-276. Her term is scheduled to expire on October 30, 2023. MVlr. Chris Lopez is being recommended to fill Ms. Raymond's unexpired term on the Board. Budgetary Impact: None Recommendation: It is recommended that City Council approve P.R. NO. 23080 appointing a member to the City's Zoning Board of Adjustment to fill an unexpired term created by the resignation of Beverly Raymond. "Remember,we are here to serve the Citizens of Port Arthur" P.O. Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.R.NO.23080 03/23/2023 PDL PAGE 1 OF 5 RESOLUTION NO. A RESOLUTION APPOINTING MEMBER(S) TO THE ZONING BOARD OF ADJUSTMENT TO FILL AN UNEXPIRED TERM ENDING ON OCTOBER 26, 2023. WHEREAS, the Zoning Board of Adjustment was originally created by Ordinance No. 89-54; and, WHEREAS, in accordance with Texas Local Government Code Section 211.008(b), the board of adjustment must consist of at least five members to be appointed for terms of two years. The governing body may authorize each governing body member, including the mayor, to appoint one member to the board. The appointing authority may remove a board member for cause, as found by the appointing authority, on a written charge after a public hearing. A vacancy on the board shall be filled for the unexpired terms; and, WHEREAS, pursuant to Resolution No. 21-454, members were appointed to the Zoning Board of Adjustment as set forth in Appendix A, Section 25-100 of the City of Port Arthur Zoning Ordinance, as delineated in Exhibit "A"; and, WHEREAS, there is a vacancy on the Zoning Board of Adjustment created by the resignation of Beverly Raymond; and, WHEREAS, pursuant to Appendix A, Section 5.04(C) of the Zoning Ordinance of the City of Port Arthur, in the event of a vacancy occurring in the membership of the Board for any reason, an appointment for the remainder of the vacant term must be made in the same manner as regular appointments; and, WHEREAS, the Mayor and Councilmembers wish to appoint a new member representing Council District 2 to the Board as delineated in Exhibit "B". P.R.NO.23080 03/23/2023 PDL PAGE 2 OF 5 NOW THEREFORE, BE IT RESOLVED 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 appoints Chris Lopez, as a member of the Zoning Board of Adjustment, to fill the vacancy created by the resignation of Beverly Raymond, delineated in Exhibit "B", and shall serve out the unexpired term until October 26, 2023. Section 3: That in accordance with Resolution No. 98-157, the appointee shall immediately contact the City Secretary's Office and be sworn in, receive a copy of the Charter and the Zoning Ordinance, and attend an orientation seminar from the City Attorney's Office. Section 4: That appointees, upon taking the required oath of office and doing all things necessary to qualify for such office, shall have all rights and powers provided by the Statutes and Ordinances pertaining thereto appertaining. Section 5: That this Resolution shall be effective immediately. Section 6: That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED this day of March, A.D., 2023, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: MAYOR COUNCILMEMBERS: NOES: P.R.NO.23080 03/23/2023 PDL PAGE 3 OF 5 Thurman Bill Bartie, Mayor ATTEST: Sherri Bellard, TRMC, City Secretary APPROVED AS TO FORM: Valecia " ' ize ity Attorney APPROVED FOR ADMINISTRATION: Ronald "Ron" Burton, City Manager 61/1-71c L Ccrq 120 Pamela D. Langford, Assistant City Manager— Operations/ Director of Development Services P.R.NO.23080 03/23/2023 PDL PAGE 4 OF 5 EXHIBIT "A" ZONING BOARD OF ADJUSTMENT (rev. October 27, 2023) COUNCIL Current Original Term Term DISTRICT Appointee Resolution Beginning Ending Resolution Appt. & Date Appt. & Date RES 21-454 RES 17-276 1 Langston Adams 10/26/2021 10/26/2021 10/26/2023 10/24/2017 RES 21-454 RES 17-276 2 Beverly Raymond 10/26/2021 10/26/2021 10/26/2023 10/24/2017 RES 21-454 RES 19-534 3 Anthony Albert 10/26/2021 10/26/2021 10/26/2023 12/03/2019 RES 21-454 RES 17-276 4 John Beard 10/26/2021 10/26/2021 10/26/2023 10/24/2017 RES 21-454 RES 17-276 7 William Larrain, P.E. 10/26/2021 10/26/2021 10/26/2023 10/24/2017 RES 21-454 RES 17-276 8 Anthony Leger 10/26/2021 10/26/2021 10/26/2023 10/24/2017 RES 21-454 RES 19-534 Mayor Alice Washington y 10/26/2021 10/26/2021 10/26/2023 12/03/2019 APPOINTED BY: Councilmembers and approved by majority vote. LIAISON: Ronald Burton, Director of Development Services TERMS: Two (2) Years ** The Zoning Board of Adjustment was created by City of Port Arthur Ordinance No. 89-054, Section 25-100, on August 1, 1989. The composition of the Board was amended by Ordinance No. 15-57 on December 8, 2015. P.R.NO.23080 03/23/2023 PDL PAGE 5 OF 5 EXHIBIT "B" ZONING BOARD OF ADJUSTMENT (rev. March 30, 2023) COUNCIL Current Term Term Original DISTRICT Appointee Resolution Resolution Appt. & Date Beginning Ending Appt.t. & Date RES 21-454 RES 17-276 1 Langston Adams 10/26/2021 10/26/2021 10/26/2023 10/24/2017 RES - 2 Chris Lopez 03/30/2023 03/30/2023 10/26/2023 RES 21-454 RES 19-534 3 Anthony Albert 10/26/2021 10/26/2021 10/26/2023 12/03/2019 RES 21-454 RES 17-276 4 John Beard 10/26/2021 10/26/2021 10/26/2023 10/24/2017 RES 21-454 RES 17-276 7 i William Larrain, P.E. 10/26/2021 10/26/2021 10/26/2023 10/24/2017 RES 21-454 RES 17-276 8 Anthony Leger i 10/26/2021 10/26/2021 10/26/2023 10/24/2017 RES 21-454 RES 19-534 Mayor Alice Washington j 10/26/2021 10/26/2021 10/26/2023 12/03/2019 APPOINTED BY: Councilmembers and approved by majority vote. LIAISON: Ronald Burton, Director of Development Services TERMS: Two (2) Years ** The Zoning Board of Adjustment was created by City of Port Arthur Ordinance No. 89-054, Section 25-100, on August 1, 1989. The composition of the Board was amended by Ordinance No. 15-57 on December 8, 2015.