HomeMy WebLinkAbout09/24/2009 CEAB
MINUTES
CITY OF THE COLONY
CODE ENFORCEMENT ADVISORY BOARD
SEPTEMBER 24, 2009
After determining that a quorum was present, the Code Enforcement Advisory Board
of the City of The Colony, Texas convened into a regular session which was held on
Thursday, September 24, 2009 at 6:30 p.m. in the City Council Chambers located in
City Hall, 6800 Main Street, The Colony, Texas, at which time the following items
were addressed:
Board Members Present: Richard Kuether, Chairman; Casey Truskunas, Vice
Chairman; Ruby Lawrence, Lloyd Martin, and Linda Van Vranken.
Board Members Absent: Diane Ling
Present from Staff: Iris Browder, Development Services Manager; Wes
Morrison, City Planner; Tracey Sherman, Administrative Assistant, and Joe
Gorfida, City Attorney.
1.0 CALL MEETING TO ORDER
Chairman Kuether called the meeting to order at 6:33 pm.
2.0 CITIZEN INPUT
2.1
No Citizen input.
3.0 MINUTES
3.1 Consider approval of the minutes of the August 27, 2009 meeting.
Board Member Martin moved to approve the minutes of the August 27, 2009 meeting
with the following changes: Omit mandatory air conditioning for rental homes from
Vice Chairman Truskunas statement made at the July 31, 2008 meeting and notating
the poll of the Board was not unanimous it was (5-1) in regards to requiring air
conditioning. Motion was seconded by Vice Chairman Truskunas and the motion
carried unanimously (5-0).
4.0 CONSIDERATION
4.1 Review, discuss and make recommendation to City Council regarding proposed
changes to Chapter 6, Article VI Food and Food Establishments and Article 1X
Public Nuisance. (Browder)
Iris Browder presented the proposed changes to Chapter 6, Article VI Food and Food
Establishments.
t. ijS li` ~~li; ..fi...1i .1. `•.3 E.'... j"t--, ii(;,,.,.
Ms. Browder stated that one of the changes being proposed is that food
establishments would be required to close and re-permit if the business ceases for
more than 90 days.
Chairman Kuether asked why the city would want to require a business to obtain a
new permit if they had to close down temporarily. Ms. Browder stated that the Health
Department does not want establishment to reopen without the required health
inspection. This could be a potential health issue if businesses are allowed to close
for an extended period of time and then reopen without a health inspection.
Chairman Kuether asked how long a business has to obtain a new permit when a there
is a change of ownership. Ms. Browder stated they must re-permit within 10 days,
Chairman Kuether asked if an establishment refused a health inspection could they be
closed down. Ms. Browder stated they could just state they are closed temporarily due
to illness, which is a scenario we are currently dealing with.
Chairman Kuether asked if an establishment is closed would the permit be revoked.
Ms. Browder stated yes. With the proposed changes, if after 90 days the
establishment would have to re-permit. Ms. Browder stated that staff would like to
shorten that timeframe from 90 days to 60 days.
Vice Chairman Truskunas asked if the city was helping or hurting business owners by
shortening the amount of time given. Ms. Browder stated the city would be willing
to work with business owners on a case by case basis.
Chairman Kuether polled the Board to make a decision on changing the allotted time
from 90 days to 60 days. The Board unanimously (5-0) decided on the 60 days.
Chairman Kuether asked if appliances were outdated at the time of change of
ownership would they have to be brought into to compliance. Ms. Browder stated no,
this ordinance would apply more towards major items such as grease traps.
Chairman Kuether asked if businesses were required to maintain equipment they are
not using. Mrs. Browder stated no.
Board Member Martin asked if the equipment was inspected. Ms. Browder stated the
equipment is inspected for safety issues and is not based on looks.
Chairman Kuether asked should grade cards be in a visible location. Ms. Browder
stated they must be located within 5 feet of the door. Chairman Kuether stated he
would like to see the grade cards visible to the public at all times.
Vice Chairman Truskunas asked if there was an extra fee for food establishments to
have inspections. Ms. Browder stated the food establishment pays an annual health
fee which includes 3 inspections. If the grade received was not satisfactory than a
facility initiated inspection could be done for an extra fee, but that is at the discretion
of the business owner. Ms. Browder stated, there is no guarantee that a better grade
would be given.
Board Member Martin asked if there were several entrances where the grade cards
should be posted. Chairman Kuether stated he would like to see them at every
entrance,
Vice Chairman Truskunas asked if the wording interceptor/trap meant septic unit and
the grease trap or an individual unit. Ms. Browder stated it was just the grease trap.
Vice Chairman Truskunas asked if this section of the ordinance is where the 1000
minimum gallon grease trap could be found. Ms. Browder stated yes. The building
code was starting to address the minimum requirements for the grease trap. Ms.
Browder also stated the Health Authority could determine the minimum required
gallons needed to comply.
Vice Chairman Truskunas asked if the Building Code outweigh the Health Authority.
Mr. Gorfida, City Attorney, stated we would like to stay in line with what other cities
are requiring and make sure The Colony meets the minimum standards. Ms. Browder
stated she would check what the required minimum would be. Ms. Browder also
stated the intent was if an establishment didn't require a 1000 gallon grease trap,
exceptions could be made. The city would not want to cause a hardship on
businesses.
Board Member Van Vranken asked if all employees of a food establishment
regardless to their job description would be required to obtain a food handler card.
Ms. Browder stated yes.
Iris Browder presented the proposed changes to Article IX Public Nuisance.
Chairman Kuether asked if a tree was located on an easement would that be
considered public property. Ms. Browder stated that area would be considered the
parkway. Mr. Gorfida stated there would be an easement but the tree would be
located on private property and the property owner would be responsible for the
maintenance.
Chairman Kuether asked if mass distribution of phone books would be considered a
public nuisance. Mr. Gorfida stated no, they get the same protection as newspapers.
Chairman Kuether asked if a resident would have to go to state legislature to make
changes in regards to the distribution of phone books. Mr. Gorfida stated yes.
Board Member Lawrence asked if a homeowner has trees hanging over the street
would the city send a violation notice. Ms. Browder stated yes.
Board Member Van Vranken asked at what volume loud music would be considered
a violation. Mr. Gorfida stated it is up to the Police officers discretion. The Police
;Slit:f
officer has the option to issue a citation. The resident has the option to take the
matter up with a city official or file a citizen complaint in court.
Mr. Gorfida presented the new rules and regulations for the Graffiti ordinance.
Board Member Van Vranken asked if the graffiti laws apply to group mailboxes. Mr.
Gorfida stated yes.
Vice Chairman Truskunas asked how a tree could be a health and welfare problem.
Mr. Gorfida stated Safety, Health, and Welfare were the 3 key words the local
Government code used.
Vice Chairman Truskunas asked would the resident be responsible for fees associated
with a tree that was considered a hazard. Mr. Gorfida stated yes.
Chairman Kuether asked why the weeds and grass violations only requires one notice
per year. Ms. Browder stated the State law only requires one notice annually.
Chairman Kuether asked if the residents take care of the violation before the
contractor is sent out what would happen. Ms. Browder stated the case would be
classified as DBO "done by other" and closed.
Vice Chairman Truskunas motioned to accept item 4.1 as stated with the changes
noted by the board. It was seconded by Board Member Van Vranken and the motion
carried unanimously (5-0).
4.2 Receive an update from staff on meeting schedule for the remainder of 2009 and
discuss the method for determining upcoming agenda items. (Browder)
Mr. Morrison presented the 2009 meeting schedule for the Board and discussed the
method for upcoming agenda items.
The Board would be able to call or email Ms. Browder with items for discussion at
future meetings. After receiving consensus from all Board Members, items may be
placed on the agenda.
Meeting adjourned at 7:48 pm.
Richard Kuether, Chairman
'I
Tracey Sherman, 4ecording Secretary