Agenda Request

	Building Standards Commission
	Agenda Request
Agenda Of:	July 30, 3008	Agenda Request No:		ii-a
Initiated By:	danny batts, management assistant	Responsible Department:		Development Services
Presented By:	danny batts, management assistant	Department Head:		Clark Peschel Building Official
		Additional Department. Head (s):		N/A
Subject / Proceeding:	Adoption of Rules & Procedures
Exhibits:	Draft Rules and Procedures
Clearances			Approval
Legal:	N/A		Executive Director:	jim callaway, community development
Recommended Action
Receive presentation from staff, adopt rules & procedures document.
Executive Summary
The Building Standards Commission is required by § 54.034(b) of the Local Government Code to adopt rules and procedures. The statute requires that the “rules shall establish procedures for use in hearings, providing ample opportunity for presentation of evidence and testimony by respondents or persons opposing charges brought by the municipality or its building officials relating to alleged violations of ordinances.” After consultation with the legal department, staff believes that the attached draft rules satisfy the requirements of the statute and will provide effective standards for the conduct of the Commission’s proceedings.
Exhibits

Draft Rules & Procedures:

CITY OF SUGAR LAND BUILDING STANDARDS COMMISSION

RULES AND PROCEDURES

CREATION AND AUTHORITY

The Building Standards Commission (Commission) is authorized by Chapter 54 of the Texas Local Government Code, and is established by Section 2-53 of the Sugar Land Code of Ordinances.

MEMBERSHIP AND TERM

City Council appoints seven regular members and three alternate members to the Commission for two year terms.

DUTIES AND POWERS

The Commission hears and decides appeals of determinations made by City Staff in the application or enforcement of building codes, adjudicates unsafe structure cases arising under dangerous buildings regulations, and hears appeals of the revocation or denial of a residential rental property license.

APPOINTMENT OF OFFICERS, DUTIES OF OFFICERS

City Council appoints a Chair from the Commission’s membership. The Chair serves for the remainder of the appointed commissioner’s term. The Commission shall elect from its membership a Vice Chair annually. The Chair presides over meetings of the Commission and signs all documents requiring execution on the Commission’s behalf. The Vice Chair performs the duties of the Chair in the Chair’s absence.

RECORDS

The City Secretary prepares all agendas and notices of meetings as required by law, keeps the minutes of the Commission’s proceedings, and maintains the Commission’s records.

ATTENDANCE AND VACANCIES

A member unable to attend a Commission meeting should notify the City Secretary’s office at the earliest possible opportunity. The City Secretary notifies the Chair if absences will prevent a quorum. Alternate Commission members serve in the absence of one or more regular members. Regular members who miss three consecutive Commission meetings are deemed to have automatically resigned from their position. Vacancies will be filled by the City Council.

MEETINGS

Notice of Commission meetings will be posted as required by State law. All meetings are open to the public. Four members constitute a quorum of the Commission. Each member in attendance, excluding alternates not serving at the time, votes on every matter posted on the agenda for that meeting.

The Chair will call for the items to be considered by the Commission in the order presented on the agenda unless the order is changed by majority vote. The appropriate staff person will be called to the podium to make the presentation.

Members will speak only upon being recognized by the Chair. Members will not interrupt each other while speaking except to make a point of order. The Chair need not recognize any member for a second comment until every member wishing to speak has been allowed a first comment.

Alternate Commission Members shall serve in the absence of one or more regular members when requested to do so. Alternate members shall serve on a rotating as needed basis.

The Commission will generally take action on matters in the following manner:

1. Making a motion – The Commission member proposing any action will make a motion by clearly stating the motion. Any motion may be withdrawn by the mover before it is voted on. The withdrawal is not subject to amendment and does not require a second or a vote.

2. Seconding a motion – All motions must receive a second for action, except for a point of order or the withdrawal of a motion. If a second is made, the Chair will state the names of the members making and seconding the motion. If a motion does not receive a second, it dies.

3. Discussion on the motion – The Commission may discuss a pending motion only after the motion has been moved and seconded.

4. Voting on the motion – After discussion, the Chair may call a vote on the motion. A concurring vote of a majority of members is required to approve a motion. After voting concludes, the Chair will announce the results.

PUBLIC HEARINGS

Staff will present the City’s staff report to the Commission. After the staff report, the Commission will open the public hearing. Prior to each speaker’s presentation, the Chair will administer the following oath:

“Do you solemnly swear or affirm to tell the truth in these proceedings under the penalty of perjury?”

After being sworn in, speakers will address the Commission from the podium, state their name and address, and present their evidence. Applicants have ten minutes to present testimony in favor of the application. Other speakers must limit their testimony to three minutes each. If time permits the Chair or the Commission, by majority vote, may allow additional time upon request of the speaker.

A speaker wishing to ask questions of the staff, the Commission, or other speakers will direct their question(s) to the Chair, who may, as he deems appropriate, direct the question to the appropriate party. When all speakers have completed their testimony, the Chair will close the public hearing. Once the public hearing is closed no further testimony from the public will be taken.

CONFLICTS

Members and alternates must abstain from discussing and voting on a matter before the Commission when the member or alternate has a conflict of interest under State law or City Ordinance; or when the member or alternate, because of personal circumstances, believes that he or she cannot render a fair and impartial decision in the matter. Members and alternates with a conflict of interest must inform the City Secretary of the conflict prior to the start of the meeting so that an alternate can be seated at the meeting.

EXECUTIVE SESSIONS

The Commission may recess the public meeting and convene in a closed executive session to receive legal advice from the City Attorney regarding a matter on the agenda. Prior to entering a closed meeting, the Chair will announce:

“The Building Standards Commission of the City of Sugar Land, Fort Bend County, Texas, on the ___ day of ______, (month, year) beginning at ____ o’clock p.m., convened in closed executive session in accordance with Section 551.071 Legal Advice.”

The Commission will not take any final action, decision or vote on any public business during the closed meeting.

At the end of the closed session, the Chair will make the following announcement:

“The Building Standards Commission of the City of Sugar Land, Fort Bend County, Texas, ended its closed executive session at _____ o’clock on this ___ day of ______, (month, year).”

All communication in executive session is privileged and should not be discussed outside of executive session with any member of the public, the Commission or the media. Executive sessions will be documented by certified agenda on the form provided by the City Secretary.

APPEALS FROM COMMISSION DECISIONS

A person aggrieved by a decision of the Commission may appeal the Commission’s decision by filing a verified petition with a court of law as provided in §54.039 of the Texas Local Government Code.