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Home My WebLink About10032019 BSC Agenda Item 2 i ,' ;a , , '' � ,, 3="f rr `frf 1 x�H ' Y9 9 v tI 4Uii{5 .3 4 t;i I GARrnene '� 4 61 Z,4 r" }+:�}`. tk nap.0 e "gym I ,p t P S C I� c s �,.�;, A Nome KEN PAXTON Espanol About the Office News Opinions Contact Us 4 ATTORNEY GENERAL of TEXAS HOME ' OPEN GOVERNMENT Open Government The State of Texas has many open government laws to help make the work of the state transparent to the public.The primary open.government laws are the Texas Public Information Act and the Terns '"" �NI' Act.To learn more,click one of N f 4 rPy, v I W ;, nttp; tex33atto' ieneral go,: a E7 MSN�Oe,ok,_ffice,Ayp+, OPe Government)Office Public I Open Meetings Open Reports& Information Act 1 Act Publications ? The Public Information i The Open Meetings Act Access to public data a 3 Act determines how i determines how public and reports information is made 1 meetings must operate. j ,,,,,rl' E/. `*-`-a yE t ,, available to members of iii ' i °'$ - i ��^ the public. -^ Public Information and Open Records it Members of the Public> Governmental Bodies> '!'"" "'� 4. �.7 "K The Public Information Act protects the ability The Office of the Attorney General works to of the citizens to access information ensure governmental bodies in Texas remain v _.sintainarl hi,anvarmnpnrat h,viias anri nnen and arrr+n.rahlp to the nannla than carves „j I air ) I V �. BUILDING & STANDARDS COMMISSION (2019-2021) Name and Address Position Contact Information Bruce Beneke Position 1 713.254.3002 2704 Tangley Chair bbeneke02@gmail.com Appointed to BSC and Chair 08/12/19 Mimi Tsai Position 2 713.308.1811 (c) 4032 Marlowe First Appointed to BSC 08/12/19 713.661.8477 (h) Served on ZPC 2015-2019 mimitsai@comcast.net Served on RSWRB 2011-2015 James Craig Position 3 832.971.9541 3506 Rice First Appointed 08/12/19 jim.craig(a,alphaleak.com David Bonner Position 4 713.234.6894 (o) 4023 Swarthmore First Appointed 09/11/17 713.444.0592 (h) dcbonner756qmail.com Charles Marshall Position 5 713.667.1915 4142 Riley First Appointed 2013-2017 ccmm1(a�aol.com Reappointed 08/12/19 Eddie Matthews Alternate A 832.668.5250 (h) 5906 Fordham First Appointed 09/11/17 In Pos.4 eddiema49qmail.com Appointed to Alt A on 08/12/19 Gerry Spedale Alternate B 713.306.9816 6539 Brompton First Appointed 08/12/19 713.661.6567 gspedale(a gibsondunn.com Muddy McDaniel Alternate C 713.569.3071 3520 Amherst First Appointed in 2001-2009 muddymcdaniel6l a(�gmail.com Reappointed 2011-2017 Reappointed 8/12/19 Diana Pardo Rodriguez Alternate D 281.785.0620 4209 Sunset First Appointed 08/12/19 cpardo(a�altoprojectservices.co m August 7, 2019 (tg) The Commission meets the 1st Thursday of the month at 6:00 in the Conference room. All positions expire August 31, 2021. Form BSC-501 City of West University Place Building& Standards Commission REQUEST FOR ALTERNATE MEMBERS TO SERVE I,the undersigned Mayor or City Manager of the City of West University Place, hereby request alternate members of the Building Standards Commission to serve in the absence of one or more regular members,as set out in the chart below. For all meetings during each month indicated,alternate members are requested to serve in the order indicated,depending upon the number of absences, so that all absences are filled. Example: At a given meeting in November where there are two absences,alternate members B and C are requested to serve. If an alternate is requested to serve at a meeting,but is absent,the next indicated alternate for that month is requested to serve in that alternate's place. Example: Alternate C is requested to serve at a meeting in December, but Alternate C is absent; Alternate D is the next indicated alternate,so Alternate D is requested to serve in Alternate's C's place. Month during which meeting occurs(applies to all meetings Alternate member(s)who are requested to serve,by positions to during the month indicated of each year,until this request is which alternates were appointed* revoked or changed) First Second Third Fourth October (A)Eddie (B)Gerry (C)Muddy (D)Diana P. Matthews Spedale McDaniel Rodriguez November (B)Gerry (C)Muddy (D)Diana P. (A)Eddie Spedale McDaniel Rodriguez Matthews December (C)Muddy (D)Diana P. (A)Eddie (B)Gerry McDaniel Rodriguez Matthews Spedale January (D)Diana P. (A)Eddie (B)Gerry (C)Muddy Rodriguez Matthews Spedale McDaniel February (A)Eddie (B)Gerry (C)Muddy (D)Diana P. Matthews Spedale McDaniel Rodriguez March (B)Gerry (C)Muddy (D)Diana P. (A)Eddie Spedale McDaniel Rodriguez Matthews April (C)Muddy (D)Diana P. (A)Eddie (B)Gerry McDaniel Rodriguez Matthews Spedale May (D)Diana P. (A)Eddie (B)Gerry (C)Muddy Rodriguez Matthews Spedale McDaniel June (A)Eddie (B)Gerry (C)Muddy (D)Diana P. Matthews Spedale McDaniel Rodriguez July (B)Gerry (C)Muddy (D)Diana P. (A)Eddie Spedale McDaniel Rodriguez Matthews August (C)Muddy (D)Diana P. (A)Eddie (B)Gerry McDaniel Rodriguez Matthews Spedale September (D)Diana P. (A)Eddie (B)Gerry (C)Muddy Rodriguez Matthews Spedale McDaniel *Alternate(A)Eddie Matthews Alternate(B)Gerry Spedale.Alternate(C)Muddy McDaniel, and Alternate(D)Diana P. Rodriguez, as of the date this request is signed. This request applies to successors in each position. This request applies to all meetings beginning in September 2019 and continuing until ch d or revo . Date: August 14,2019 Signed: Name: David Bea Title: City Manager BUILDING AND STANDARDS COMMISSION MEETING/DEADLINE DATES 2019-2021 All meetings begin at 6:00 p.m. and are held in the Bill Watson Conference Room located in the Municipal Building at 3800 University Boulevard unless otherwise directed by the official posted agenda. These dates do not include any special meetings, workshops or joint hearings that may be called from time to time. Applications must be submitted by 12:00 p.m. Meeting Dates Deadline Dates August 1, 2019 July 12, 2019 September 5, 2019 August 16, 2019 October 3, 2019 September 13, 2019 November 7, 2019 October 18, 2019 December 5, 2019 November 15, 2019 January 2, 2020 December 13, 2019 February 6, 2020 January 17, 2020 March 5, 2020 February 14, 2020 April 2, 2020 March 13, 2020 May 7, 2020 April 17, 2020 June 4, 2020 May 15, 2020 July 2, 2020 June 12, 2020 August 6, 2020 July 17, 2020 September 3, 2020 August 14, 2020 October 1, 2020 September 11, 2020 November 5, 2020 October 16, 2020 December 3, 2020 November 13, 2020 January 7, 2021 December 18, 2020 February 4, 2021 January 15, 2021 March 4, 2021 February 12, 2021 April 1, 2021 March 12, 2021 May 6, 2021 April 16, 2021 June 3, 2021 May 14, 2021 July 1, 2021 June 11, 2021 August 5, 2021 July 16, 2021 September 2, 2021 August 13, 2021 October 7, 2021 September 17, 2021 November 4, 2021 October 15, 2021 December 2, 2021 November 12, 2021 City of West University Place A Neighborhood City eRecyvecs Papar BUILDING AND STANDARDS COMMISSION Rules of Procedure These rules of procedure for the Building and Standards Commission ("BSC" or "the Commission") of the City of West University Place, ("City") are adopted in accordance with the requirements of Subchapter C of Chapter 54 of the Local Government Code of the State of Texas (Subchapter C") and Chapter 18 of the Code of Ordinances of the City. ARTICLE I Rules Subordinate to Requirements of Law The Rules of Procedures as herein set out are adopted as required by law and in the event of conflict with any provision of Subchapter C, said rules shall in all things be deemed superseded by such conflicting law. ARTICLE II Meetings Regular meetings of the BSC shall be held at 6:00 P.M., on the first Thursday of each month. The City Manager with concurrence from the Chair may cancel any meeting of the BSC. Special meetings may be called by the Chair of the BSC or at the request of two commission members. The BSC meetings may be conducted in accordance with Robert's Rules of Order, Tenth Edition, at the Chair's discretion. If any question arises as to procedure, the ruling of the Chair or, in his her absence, the Vice-Chair shall be final. Informal voice voting shall be used, unless a BSC member requests a roll call vote. Where there is a single vote on a group of items, under circumstances where no member requests a separate vote, the vote on the group is deemed to be the same as a separate, identical vote on each item. The presiding officer will preserve order and decorum, preventing the impugning of any member's motives or other personal comments not relevant to the orderly conduct of business. The presiding officer shall request all speakers to keep comments brief and relevant to the question before the BSC. All remarks by members should be directed to the chair, not to other members. All persons present in the meeting room should eschew abusive, rude or inappropriate conduct. Speakers at public sessions should limit their presentations to three minutes each. Speakers 1 3800 University Boulevard • West University Place, Texas 77005-2899 • 713•668•4441 • www.westu.org should direct all remarks and questions to the presiding officer, who may refer them for investigation, response or other action. The Texas Open Meetings Act requires the City to post a notice, in advance, listing every topic or subject to be considered by the BSC. This law may prevent the BSC from considering a subject raised by a member of the public. In this case, the presiding officer may refer the matter and the BSC may direct that the matter be placed on the agenda for an upcoming meeting. Any of the rules prescribed by this section may be suspended, for any single meeting, by a vote of three-fourths of the BSC members present. ARTICLE III Agenda The Recording Secretary is responsible for assembling the agenda for each meeting. The Recording Secretary must place a subject on the agenda if a formal application has been submitted or if requested by the Chair or by two or more commissioners. Persons wishing to appear before the commission shall make formal application on Standard City of West University Place forms and file in the office of the Development Services, 3826 Amherst, West University Place. To be considered for placement on the Agenda of the next Regular Meeting, applications and fifteen (15) copies of all supporting documentation shall be received and docketed by the Recording Secretary (a) at least twenty-one (21) calendar days prior to the date of the next Regular Meeting if public notification if required or (b) at least fourteen (14) calendar days prior to the date of the next Regular Meeting if public notification is not required. All other Agenda items shall be submitted to the Recording Secretary by 12:00 noon ten (10) calendar days prior to the date of the Regular Meeting or in the case of a Special Meeting, 96 hours in advance of the Special Meeting. The agenda items for each meeting shall be arranged in the following order: Introduction of Members Hearing of the Public Approval of Minutes Docketed Items Adjournment The agenda shall be posted with the notice of meeting. ARTICLE IV Selection of Chair and Vice-Chair Building & Standards Commission. The Selection of the Chair and the Vice-Chair shall be in accordance with the Ordinance No. 1751. ARTICLE V Rehearing and Reconsideration of Cases The BSC shall have the jurisdiction to rehear and/or reconsider cases previously decided. Any person seeking rehearing and/or reconsideration of a case shall file a written motion addressed to the Commission, specifying the grounds for rehearing and/or reconsideration. The Commission shall review all motions properly filed and may schedule a formal oral hearing. Cases shall be placed on the Agenda per ARTICLE III. ARTICLE VI Quasi-Judicial Enforcement Cases Under Subchapter C (a) Subchapter C cases. This Article only applies to quasi-judicial enforcement cases under Subchapter C of Chapter 54 of the Texas Local Government Code. (b) Initiation of cases. The Building Official of the City shall initiate and prosecute before the BSC all cases initiated by the City. Any other person desiring to have a case prosecuted before the BSC must first file the case with the Building Official on such forms or in such format as from time to time prescribed by the Building Official. The Building Official shall determine if probable cause exists to prosecute the case before the BSC. If probable cause is found to exist, the Building Official shall initiate the case by filing a petition or complaint with the Recording Secretary. If it is determined that no probable cause exists, no further action shall be taken on the complaint. If for any reason the person initiating the complaint disagrees with the decision of the Building Official, an appeal may be taken to the City Manager. (c) Docketing cases. The Recording Secretary shall set cases on the Commission's docket as they are filed by the Building Official. (d) Notices. Notices of Subchapter C cases shall be given by the Recording Secretary as provided for in Subchapter C. (e) Panel. The BSC is a commission of record and quasi-judicial body as provided for in Subchapter C. All cases heard by the commission must be heard by a panel of at least four members. (f) Records. The Recording Secretary shall be responsible for keeping all records of 3 proceedings before the BSC. The Recording Secretary shall provide certified copies of the proceedings of the BSC upon payment of such cost as from time to time established by the City. (g) Witnesses. All witnesses and interested persons wishing to speak will be sworn by oath prior to the commencement of any case before the Commission. (h) Parties. A party in interest shall be defined as the Building Official; the owner, mortgagee, or mortgagor of the property which is the subject of a case before the Commission; and any other party who demonstrates a justifiable interest in the case and is admitted by the Commission as a party. Any party may be represented by counsel or other representative. (i) Order of proceedings at hearings. The normal order of proceedings for Subchapter C hearings is as follows: (1) Call to order and administration of oaths to witnesses (2) Presentation by the Building Official (3) Receipt of written comments, protests, etc. (4) Presentation by other parties in interest (and presentations by members of the public, if time allows and the Commission grants permission for good cause shown). (5) Response by the Building Official (limited to issues raised by other presentations, written comments, etc.) (6) Incorporation of testimony, exhibits, etc. into record and close of hearing. Members of the BSC may pose questions to each witness. Other persons may submit written questions to be asked by the Chair, at the Chair's discretion. If requested by written motion and supported by a showing of good cause and true need, the BSC may allow direct cross- questioning. A hearing may be adjourned from time to time and from place to place. After completion of the hearing, the Chair shall close the hearing. (Note: The Commission will usually deliberate later during the same meeting, but may do so at a later meeting.) (j) Decision. The Commission may impose conditions or time limitations on any decision reached, as well as directing any peace officer under its jurisdiction to carry out its orders. The decision of the Commission shall be in the form of an order. All orders, supplements, or amendments thereto must be affirmatively passed by at least four members of the Commission voting in favor. Certified and/or photocopies shall be mailed and noticed in accordance with law. 4 ARTICLE VII Non-Subchapter-C Cases (a) Non-Subchapter C Cases. In addition to hearing cases pursuant to Subchapter C, the Commission has other duties and responsibilities under Chapter 18 in discharging such obligations. These functions include: deciding appeals from administrative actions, acting on variances and issuing advisory opinions. (b) Initiation of cases. Cases may be initiated as provided in Chapter 18 or other ordinances of the City, typically by a person appealing from a decision of a City official or a person seeking a variance or interpretation. A City official may initiate a non-Subchapter C case. (c) Docketing cases. The Recording Secretary shall set cases on the Commission's docket as they are filed. (d) Notices. Notices shall be given by the Recording Secretary as required by Chapter 18, and otherwise as prescribed by the Building Official or the Commission. (e)Panel. The BSC is a quasi-judicial body. Non-subchapter-C cases must be heard by a panel of at least three members. (f) Records. The Recording Secretary shall be responsible for keeping all records of proceedings before the BSC. The Recording Secretary shall provide certified copies of the proceedings of the BSC upon payment of such cost as from time to time established by the City. (g) Witnesses. Upon request of a party and a showing of good cause, witnesses and interested persons wishing to speak will be sworn by oath prior to the commencement of a hearing before the Commission. (h)Parties. A party in interest shall be defined as the owner, mortgagee, or mortgagor of the property which is the subject of a case before the Commission; any City official whose decision is in question; the applicant (if different from the above); and any other party who demonstrates a justifiable interest in the case and is admitted by the Commission as a party. Any party may be represented by counsel or other representative. (i) Order of proceedings at hearings. The normal order of proceedings for non- Subchapter C hearings is as follows: (1) Call to order and administration of oaths to witnesses (2) Presentation by the applicant (3) Receipt of written comments, protests, etc. (4) Presentation by other parties in interest (and presentations by members of the public, if time allows and the Commission grants permission for good cause shown). 5 (5) Response by the applicant (limited to issues raised by other presentations, written comments, etc.) (5) Incorporation of testimony, exhibits, etc. into record and close of hearing. Members of the BSC may pose questions to each witness. Other persons may submit written questions to be asked by the Chair, at the Chair's discretion. If requested by written motion and supported by a showing of good cause and true need, the BSC may allow direct cross- questioning. A hearing may be adjourned from time to time and from place to place. After completion of the hearing, the Chair shall close the hearing. (Note: The Commission will usually deliberate later during the same meeting, but may do so at a later meeting.) (j) Decision. The Commission may impose conditions or time limitations on any decision reached, as well as requesting assistance from City officials to carry out its decisions. All decisions, supplements, or amendments thereto must be affirmatively passed by a simple majority of those present and voting. Certified and/or photocopies shall be mailed and noticed in accordance with law. (k) Recommendations. The Commission may further make recommendations to the City Council as to any needed modifications, amendments and changes in the Code of Ordinances of the City. ARTICLE VIII Amendments These rules may be amended at any time by a majority of the entire Commission if proper notice of an intent to amend is given in accord with the Texas Open Meetings Act, and such amendment, unless otherwise stated in the amending motion, shall take effect immediately. 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