10-28-2019 Building and Standards Commission Agenda with Associated Documents
MEETING AGENDA
Building & Standards Commission
October 28, 2019
HAL BALDWIN MUNICIPAL COMPLEX COUNCIL CHAMBERS
1400 SCHERTZ PARKWAY BUILDING #4
SCHERTZ, TEXAS 78154
CITY OF SCHERTZ CORE VALUES
Do the right thing
Do the best you can
Treat others the way you want to be treated
Work cooperatively as a team
AGENDA
MONDAY, OCTOBER 28, 2019 at 6:00 p.m.
1.CALL TO ORDER
2.SEAT ALTERNATE TO ACT IF REQUIRED
3.ELECTION OF BUILDING AND STANDARDS COMMISSIONER CHAIR AND
VICE CHAIR
4.HEARING OF RESIDENTS
This time is set aside for any person who wishes to address the Building & Standards
Commission. Each person should fill out the Speaker’s register prior to the meeting.
Presentations should be limited to no more than three (3) minutes. Discussion by the
Commission of any item not on the agenda shall be limited to statements of specific factual
information given in response to any inquiry, a recitation of existing policy in response to an
inquiry, and/or a proposal to place the item on a future agenda. The presiding officer, during
the Hearing of Residents portion of the agenda, will call on those persons who have signed up
to speak in the order they have registered.
5.ACTION ITEMS:
A.Consider and make a recommendation to City Council regarding the Building and Standards
Commission Bylaws.
B.Minutes for the August 26, 2019 regular meeting.
6.ADJOURNMENT OF THE REGULAR MEETING
Building and Standards Commission October 28, 2019 Page 1 of 2
6.ADJOURNMENT OF THE REGULAR MEETING
CERTIFICATION
I, Tiffany Danhof, Executive Assistant, of the City of Schertz, Texas, do hereby certify that the above agenda was posted on the official bulletin boards on this the 25th day of
October, 2019 at 5:00 p.m., which is a place readily accessible to the public at all times and that said notice was posted in accordance with chapter 551, Texas Government Code.
Tiffany Danhof, Executive Assistant
I certify that the attached notice and agenda of items to be considered by the Building and Standards Commission was removed from the official bulletin board on
_____day of _______________, 2019. _______________title:_____________
This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have a request for
sign interpretative services or other services please call 619-1030 at least 24 hours in advance of meeting.
The Building & Standards Commission for the City of Schertz reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the
matters listed above, as authorized by the Texas Open Meetings Act.
Executive Sessions Authorized: This agenda has been reviewed and approved by the City’s legal counsel and presence of any subject in any Executive Session portion of the agenda
constitutes a written interpretation of Texas Government Code Chapter 551 by legal counsel for the governmental body and constitutes an opinion by the attorney that the items
discussed therein may be legally discussed in the closed portion of the meeting considering available opinions of a court of record and opinions of the Texas Attorney General
known to the attorney. This provision has been added to this agenda with the intent to meet all elements necessary to satisfy Texas Government Code Chapter 551.144(c) and the
meeting is conducted by all participants in reliance on this opinion.
Building and Standards Commission October 28, 2019 Page 2 of 2
BUILDING AND STANDARDS COMMISSION MEETING: 10/28/2019
Agenda Item 5 A
TO:Building and Standards Commission
PREPARED
BY:Emily Delgado, Senior Planner
SUBJECT:Consider and make a recommendation to City Council regarding the Building and
Standards Commission Bylaws.
Attachments
Building and Standards Commission Bylaws
DRAFT Building and Standards Commission Bylaws
Section 1 – Purpose
The Building and Standards Commission shall:
A. Have the authority granted by the City Code and state law and, in addition, shall have
authority to hear and determine cases concerning alleged violations of City ordinances:
a. For the preservation of public safety, relating to the materials or methods used to
construct a building or improvement, including the foundation, structural elements,
electrical wiring or apparatus, plumbing and fixtures, entrances, or exits;
b. Relating to the fire safety of a building or improvement, including provisions relating
to materials, types of construction or design, warning devices, sprinklers or other
fire suppression devices, availability of water supply for extinguishing fires, or
location, design, or width of entrances or exits;
c. Relating to dangerously damaged or deteriorated buildings or improvements; or
d. Relating to conditions caused by accumulations of refuse, vegetation, or other
matter that creates breeding and living places for insects and rodents.
e. Relating to a Building Code or to the condition, use, or appearance of property in
the City.
B. As a review board for the City, shall have the following duties and powers including, but not
limited to:
a. Studying proposed Code amendments and making recommendations to the City
Council regarding any proposed amendments to the Building and Fire Codes.
b. Hearing from any person requesting a change to the Building and Fire Codes as
adopted by the City.
c. Serving as an advisor to the Building Official and/or Fire Chief.
d. Hearing appeals from decisions of the Building Official and/or Fire Chief pertaining
to:
i. Use of alternate materials and construction methods. In the case of a
request to use alternate materials or construction methods, the Building
and Standards Commission shall determine whether or not such alternate
material or construction method is in fact equal to the standards of the
applicable Building or Fire Code, considering adequacy, stability, strength,
sanitation, and safety for the public’s health and welfare. As used in
this Section, Building Code or Fire Code shall include without limitation City
adopted building, electrical, plumbing, mechanical, and fire codes, and
abatement of dangerous building, fence, and swimming pool;
ii. Interpretations related to the Building Code or Fire Code as adopted by the
City, including without limitation, building, electrical, plumbing, mechanical,
and fire, and abatement of dangerous building, fence, and swimming pool);
and
iii. Decisions regarding substandard buildings
e. Ordering the repair, within a fixed period, of buildings found to be in violation of an
ordinance.
f. Declaring a building substandard in accordance with the powers granted by the
Unified Development Code, and/or other local or state law.
g. Adopting and enforcing regulations relating to floodplain management within the
City and ordering compliance with floodplain regulations pursuant to the authority
granted by the Unified Development Code, state law and/or federal law.
Section 2 – Membership and Officers
A. The Building and Standards Commission shall be composed of five (5) members and two (2)
additional members who shall serve as alternates. The alternates will not be seated unless one
of the regular members is not in attendance at the start of the meeting. If seated, an alternate
shall serve in place of the regular member even if the regular member arrives late. Four (4)
members shall make a quorum.
B. Commissioners shall reside within the corporate limits of the City and should be qualified in one
of the following fields:
1. Registered design professional with architectural experience or a builder or superintendent
of building construction;
2. Registered design professional with mechanical and plumbing engineering experience or a
mechanical contractor or plumbing contractor;
3. Registered design professional with structural engineering experiences;
4. Registered design professional with electrical engineering experience or an electrical
contractor
5. Registered design professional with fire protection engineering experience or a fire
protection contactor
C. Commissioners shall serve two (2) year staggered terms with the terms of 3 Commissioners and
the alternate expiring in odd numbered years and 4 Commissioners expiring in even numbered
years.
D. Terms shall expire on September 30th.
E. The Commission shall hold elections for a chair who shall serve as the presiding officer and vice
chair at the first meeting in August of each year. Special elections shall be held as needed if the
chair or vice chair’s membership ends during their term.
Section 3 – Meetings
A. Meetings shall be held at the call of City staff, or Commission Chairperson and at other times as
determined by the Commission.
B. Special meetings may be called as needed.
C. The Commission may establish committees as needed.
D. Meetings shall comply with the Texas Government Code Chapter 551 (Texas Open Meetings Act).
E. Each meeting shall provide for citizens to be heard generally as per City Council meetings.
CITIZENS’ RIGHTS
1 Addressing the Commission. Any person desiring to address the Commission by oral
communication shall first secure the permission of the presiding officer.
2 Manner of Addressing the Commission – Time Limit. Each person addressing the
Commission shall speak at the podium into the microphone (or at another designated
location), shall give his/her name and address in an audible tone of voice for the record,
and, unless further time is granted by the Commission, shall, subject to Section E4 below,
limit his/her remarks to three (3) minutes or less. All remarks shall be addressed to the
Commission as a body, and not to any individual member thereof. No person, other than
members of the Commission or City staff (when requested by the presiding officer) and
the person having the floor, shall be permitted to enter into any discussion, either directly
or through the members of the Commission, unless requested or approved by the
presiding officer. No questions shall be asked of the Commission members, except
through the presiding officer. Responses to questions may be limited as required by State
law.
3 Personal and Slanderous Remarks. Any person making personal, impertinent, or
slanderous remarks, or who shall become boisterous, either while addressing the
Commission or otherwise while in attendance at a Commission meeting, may be
requested to leave the meeting, if after receiving a warning from the presiding officer a
person persists in disturbing the meeting, and may be removed from the meeting if
necessary for the conduct of the remainder of the meeting.
4 Public Hearings. After being recognized by the presiding officer, interested persons, or
their authorized representatives, may address the Commission with respect to the subject
matter of a public hearing being conducted. The presiding officer may establish
procedures at a public hearing to limit the amount of time (which, unless modified by the
presiding officer, shall be as set forth in Section E2 above) interested persons may speak,
subject to the Commission members’ right to appeal the presiding officer’s ruling
pursuant to Section F6. Subject to modification by the presiding officer, and subject to
the Commission members’ right of appeal pursuant to Section F6, the normal order of a
public hearing is as follows: (i) the opening of the hearing and the establishment, if any,
of a modified public hearing procedure by the presiding officer; (ii) address to the
Commission by any interested person(s); (iii) discussion by the presiding officer and
Commission members, including requests for information from City staff or any person(s)
who addressed the Commission; and (iv) action by the Commission, if any is posted on
the agenda relating to the hearing.
5 Written Communications. Interested persons, or their authorized representatives, may
address the Commission by written communication in regard to any matter concerning
the City’s business or over which the Commission has control at any time by direct mail
or by addressing the City Secretary, who shall, on the request of the writer, distribute
copies to the Commission members.
6 Hearing of Residents. There shall be included on the agenda of each Building and
Standards Commission meeting an item labeled “Hearing of Residents”. After being
recognized by the presiding officer, members of the public (giving precedence to residents
of the City) may address the Commission on items on or not on the agenda at that time,
providing they have completed the “Hearing of Residents” form, unless authorized by the
presiding officer. The form shall be made available to persons wishing to address the
Commission prior to the calling of the meeting to order and such completed form shall be
made available to the presiding officer prior to the calling of the meeting to order. The
persons signed up for “Hearing of Residents” must speak during the “Hearing of
Residents” portion of the meeting. Commission members and members of City staff may
not discuss unposted items nor take any action thereon other than to (1) make a
statement of factual information, (2) make a statement of existing City policy, or (3)
discuss placing the item on a future agenda. Persons speaking shall be subject to the time
limits set forth in Section E2, unless otherwise authorized by the presiding officer.
F. Motions and Meeting Procedures are as follows:
1 Motions. A Commission member, after he/she obtains the floor, or the presiding officer
may make a motion on the particular subject of discussion or a procedural point as
permitted. A “Second” to the motion, if required, must be made by a Commission
member who did not make the motion within a reasonable but brief time period. The
presiding officer may not “Second” a motion. A motion or a “Second” merely implies that
the maker of the motion and the person who “Seconds” agree that the motion should
come before the meeting and not that he/she necessarily favors the motion. Without a
“Second”, if required, the motion dies.
2 Debate. Debate, if permitted, must be limited to the merits of the issue under discussion
as stated by the presiding officer.
3 Motion Procedures. There are twelve (12) types of motions in three (3) categories:
Meeting Conduct Motions (4 types), Disposition Motions (7 types), and Main Motions
(1 type)*. When any motion is pending, any motion listed above it on the chart below is
in order; those below it are out of order.
* Sections 9.3 through 9.14 are included by permission of Donald A. Tortorice, The Modern Rules of Order,
ABA Publishing, 2nd Edition.
** Mandatory if seconded; no vote required
*** Unless not allowed
4 Point of Privilege. A point of privilege, sometimes called a point of personal privilege, is
a communication from a Commission member to the presiding officer, drawing urgent
Motion
May
Interrupt
Speaker
Second
Required Debatable Amendable
Resolved
by Chair
No Vote
Affirmative
Vote by 4
members
2
2/3
Vote
Meeting Conduct Motions
point of privilege yes no no no yes no no
point of procedure or order yes no no no yes no no
to appeal a ruling no yes yes no no yes no
to recess no yes yes yes no yes no
Disposition Motions
to withdraw yes no no no yes no no
to postpone no yes yes yes no yes no
to refer no yes yes yes no yes no
to amend no yes yes yes no yes no
to limit or close debate or
”call the question”
no yes yes yes no no yes
to extend debate no yes yes yes no yes no
to count the vote no yes no no no** no no
Main Motions
to reconsider yes yes if original
motion
was
debatable
no no yes no
to rescind no yes yes yes no no yes
to take action no yes yes yes no Yes*** no
attention to a need for personal accommodation. For example, the point may relate to
an inability to see or hear, a matter of comfort, a matter of requested convenience, or an
overlooked right of privilege that should have been accorded to the Commission
member(s). In essence, it is a call to the presiding officer for the purpose of assuring a
Commission member’s convenient and appropriate participation in the meeting. Because
of its urgent nature, a point of privilege can interrupt a speaker. Because it is addressed
to the attention of and action by the presiding officer, it cannot be debated or amended,
and no vote is required.
5 Point of Procedure or Order. A point of procedure, sometimes called a point of order, is
a question addressed to the presiding officer, no seconding is required, and either
inquiring into the manner of conducting business or raising a question about the propriety
of a particular procedure. It is simply an inquiry and is resolved by correction or
clarification by the presiding officer. A point of procedure can interrupt a speaker.
Because it is addressed to the attention of and action by the presiding officer, a second is
not required, and it cannot be debated or amended, and no vote is taken.
6 To Appeal a Ruling. Decisions or rulings of the presiding officer are final on questions of
procedure, except that any ruling by the presiding officer’s ruling can be appealed to a
vote of the Commission. Whenever a Commission member questions the
appropriateness or essential fairness of the presiding officer, that member can appeal the
ruling to a vote of the meeting. If, however, a motion is out of order as a matter of law
(not a proper subject of the meeting, improper notice given, etc.), the presiding officer’s
ruling cannot be appealed. A motion to appeal cannot interrupt a speaker. To prevent
frivolous appeals, a second is required. The motion is subject to debate (which should be
brief) and, by its nature, is not amendable. To overrule a procedural decision of the
presiding officer, an affirmative vote of four (4) Commission members is required.
7 To Recess. A motion to recess requests a brief interruption of the meeting’s business,
usually so that an ancillary matter can be addressed, or simply to provide a needed break.
Unless stated in the motion, the period of recess is decided by the presiding officer. If
necessary, a recess can extend the meeting from one day to another, subject to State law.
The motion cannot interrupt a speaker, and a second is required. It is debatable, it can
be amended, and an affirmative vote of four (4) Commission members is required.
8 To Withdraw. Only the maker of the motion can make a motion to withdraw it. It is
essentially a communication to the presiding officer that the maker is withdrawing his/her
proposal. This is the maker’s privilege; thus, it does not require a second. Because the
withdrawal motion obviates discussion, it can interrupt a speaker. In addition, because
another Commission member later can make a similar motion, a withdrawal motion is not
subject to debate, amendment, or vote. The presiding officer should simply state that
the motion is withdrawn, and the meeting should proceed with a new treatment of the
issue at hand—or a new issue.
9 To Postpone or Extend. These motions may arise from a need for further information, a
matter of convenience, or for any other reason that will enable the Commission to deal
with the issue more effectively during the same meeting or at a later time. Unless
otherwise specifically provided in the motion itself, a postponed or extension motion can
be renewed at a later appropriate time during the meeting or, if properly posted, at a
later meeting. This motion cannot interrupt a speaker. It requires a second, it is
debatable, and it is amendable (particularly as to postponement, timing), and an
affirmative vote of four (4) Commission members is required.
10 To Refer. A motion to refer is typically used to submit an issue to a committee, usually
for study leading to a subsequent recommendation. Because it ordinarily disposes the
motion for purposes of the current meeting, a motion to refer is subject to the same rules
that apply to a main motion. (See Section F14). This motion cannot interrupt a speaker,
and a second is required. It is debatable and amendable, and an affirmative vote of four
(4) Commission members is required.
11 To Amend. A motion to amend proposes a change in the wording of a motion then under
consideration. When a motion to amend is pending and an amendment to the
amendment is proposed, the presiding officer should focus discussion on the latest
amendment, resolve that question, then proceed to the first amendment before
continuing discussion on the main motion. Votes on amendments are thus in reverse
order of the sequence in which they are proposed. A motion to amend cannot interrupt
a speaker. It requires a second, and it is debatable and amendable. An affirmative vote
of four (4) Commission members is required for approval of the amendment. Note that
State law may restrict amendments to proposals that are required to be set forth in the
notice of the meeting.
12 To Limit or Close Debate or “Call the Question”. Because the extent to which an issue is
discussed rests primarily with discretion of the presiding officer, it is the presiding officer
who carries the burden of ensuring that adequate time and discussion are given to
differing points of view. A motion to limit or close debate is therefore an overruling of
the presiding officer’s determination. A motion to close debate is the same as a motion
to “call the question”. Because this motion affects the most fundamental right of any
Commission member, the right to speak one’s views, it is the only procedural motion that
requires an affirmative vote of two-thirds of participants voting.
13 To Count the Vote. A motion to count the vote should be limited to those circumstances
where the convenient hearing of “yeas” and “nays” cannot clearly resolve the issue. It
represents the right of a Commission member to have a vote demonstrated by count.
That count can be directed by the presiding officer either as a showing of hands or a
standing of voting members while the vote is recorded. Upon completion of the count,
the presiding officer announces the result—and final disposition of the issue voted upon.
This motion cannot interrupt a speaker. It requires a second; it is neither debatable nor
amendable; and, because of the importance of the matter, it should be considered
mandatory; thus, no vote is required.
14 Motion to Reconsider. Allows a main motion to be brought back before the Commission
for consideration. May be made only at the meeting at which the vote to be reconsidered
was taken. It may be made by any member of the Commission. Any Commission member
may second it. It can be made while any other question is pending, even if another
member has the floor. It requires a majority vote to pass. A motion may only be
reconsidered twice. If the reconsideration is moved while another subject is before the
Commission, it cannot interrupt the pending business, but, as soon as the pending
business has been disposed of the motion has the preference over all other main motions
and general business of the agenda. In such a case the presiding officer does not state
the question on the reconsideration until the immediately pending business is completed.
15 Motion to Rescind. The motion to rescind is a main motion without any privilege, may
only be made when there is nothing else before the Commission and must be made at
the same meeting at which the subject matter of the motion was considered, and it
requires a two-thirds vote of the commission members. It cannot be made if a motion to
reconsider has been previously made. The motion to rescind can be applied to votes on
all main motions with the following exceptions: votes cannot be rescinded after
something has been done as a result of that vote that the Commission cannot undo; or,
where a resignation has been acted upon, or one has been appointed to, or expelled from,
a committee or office, and was present or was officially notified. In the case of expulsion,
the only way to reverse the action afterwards is to restore the person to the committee
or office, which requires the same preliminary steps and vote as is required for the original
appointment.
16 To Take Action; Main Motions. Main motions state proposed policy or action on a
substantive issue being considered by the Commission. As such, the motion is an initial
call to take particular action. Although lowest in precedence among all motions, main
motions are clearly the most important: through their content, the business decisions of
the Commission are determined. A main motion can be made only when a prior main
motion has been disposed of. It cannot interrupt a speaker; a second is required; it is
debatable and amendable; and an affirmative vote of four (4) Commission members is
required unless a greater vote is prescribed by the Charter or State law.
17 Effect of Abstentions; action on required Abstentions; Effect of non-required Abstentions.
The following rules shall apply when a Commission Member abstains from voting on an
item:
a. When the Commission Member is Legally Obligated to Abstain from Voting.
When a Commission Member is legally obligated to abstain from voting pursuant
to Texas Local Government Code Chapter 171, a local ordinance or the City
Charter then the Commission Member shall leave the dais and exit City Council
Chambers until such time as the debate and vote on the item has been concluded.
Staff shall record that the Commission Member left the room and abstained from
the vote in the official minutes and there shall be no other effect.
b. When the Commission Member Has No Legal Obligation to Abstain from Voting.
When a Commission Member has no legal obligation to abstain from voting then
an abstention shall be recorded in the minutes as an abstention and shall
procedurally be treated as a “no” vote.
BUILDING AND STANDARDS COMMISSION MEETING: 10/28/2019
Agenda Item 5 B
TO:Building and Standards Commission
PREPARED BY:Emily Delgado, Senior Planner
SUBJECT:Minutes for the August 26, 2019 regular meeting.
Attachments
August 26, 2019 Building and Standards Commission Minutes
D R A F T
BUILDING AND STANDARDS COMMISSION MINUTES
August 26, 2019
The Schertz Building and Standards Commission convened on August 26, 2019 at 6:00
p.m. at the Municipal Complex, Council Chambers, 1400 Schertz Parkway Building #4,
Schertz, Texas.
Present: Commissioner Bruce Johnson; Commissioner Glen Outlaw; Commissioner Daniel
'Frenchy' Bourgeois; Commissioner Matthew Wood; Commissioner Shawn Moore
Absent: Commissioner Patricia Cullum; Commissioner Melissa Villarreal
City
Staff:
Mark Browne, City Manager; Brian James, Assistant City Manager; Daniel Santee, City
Attorney; Charles Kelm, Assistant City Manager; Lesa Wood, Director of Planning &
Community Development; Emily Delgado, Planner; Tiffany Danhof, Executive Assistant;
Gil Durant, Chief Building Official; Ashley Deasy, Development Specialist; Armando
Alcala, Building Inspector; Michael Hansen, Police Chief; Steve Pulaski, Lieutenant;
Ernest Spadling, Environmental Law Enforcement Corporal; Thomas Brooks,
Environmental Law Enforcement Officer; Kade Long, Fire Chief; Thomas Pinder, Fire
Marshal
1.Call to Order
Staff called the meeting to order at 6:01 P.M.
2.Hearing of Residents
This time is set aside for any person who wishes to address the Building
and Standards Commission. Each person should fill out the Speaker’s
register prior to the meeting. Presentations should be limited to no more
than three (3) minutes. Discussion by the Commission of any item not on
the agenda shall be limited to statements of specific factual information
given in response to any inquiry, a recitation of existing policy in response
to an inquiry, and/or a proposal to place the item on a future agenda. The
presiding officer, during the Hearing of Residents portion of the agenda,
will call on those persons who have signed up to speak in the order they
have registered.
There were no residents who spoke.
3.Welcome by the City Manager, Commission Introductions, and Staff
Introductions
4.Workshops / Information Sessions
A.Workshop, discussion, and information session on the Buildings and
Standards Commission duties.
There was a brief discussion.
B.Workshop, discussion, and information session on Building and Standards
Commission case types.
There was a brief discussion.
C.Workshop, discussion, and information session on Open
Meetings and Public Information by legal.
There was a lengthy discussion.
5.Adjournment of the Regular Meeting
Staff adjourned the regular meeting at 7:05 P.M.
____________________________________
Chairman, Building and Standards Commission
______________________________
Recording Secretary, City of Schertz