Board of Directors Regular Meeting Agenda


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Meeting Date: 12/11/2019  

SUBJECT MATTER:
Receive, consider and act upon appointments to the Development Standards Committee;
FISCAL IMPACT:
There is no fiscal impact related to the appointments;
BACKGROUND:
Per The Woodlands Community Association Covenants, the Development Standards Committee (DSC) is composed of seven members. These seven members are appointed to serve on the DSC by The Woodlands Township Board of Directors. Historically, three of these appointments have been designated by The Woodlands Land Development Company (TWLDC) and affirmed by the Township Board per the Comprehensive Community Services Agreement (CCSA). The seven appointees serve in staggered two-year terms, or until successors are assigned. On December 5, 2018,  the Board reappointed Township Walter Lisiewski and appointed Bala Iyer to the committee for two-year terms and appointed Arthur Bredehoft for a one-year term.  The Board also approved appointments designated by The Woodlands Land Development Company of Robert Heineman, Bob Adams and John Anderson. Therefore, at least two appointments as the Township's designees are necessary and potentially five appointments if replacing the TWLDC's designees is necessary.

The procedures for soliciting the Township's appointed candidates to the DSC include advertising for candidates in the local newspaper, social media and advising current Residential Design Review Committees (RDRC) and DSC members. These procedures were followed by placing ads in The Villager newspaper, postings on the Township's website and social media accounts and by advising the RDRC and DSC members of the appointments during each of the monthly individual meetings. The deadline for submitting applications was November 7, 2019, by 5 p.m. The Woodlands Township received ten (10) applications by the deadline.  One applicant withdrew from consideration and the remaining candidates' applications were provided to the Board for consideration (Attachment A). Applications were screened for qualifications and credentials by the Covenant Administration Department, which has been summarized in “Summary of DSC Candidates” (Attachment B). The candidates were invited to the November 20 Board meeting. The seven candidates who attended were interviewed by the Board. 

At the December 4, 2019, Board of Directors meeting, the Board deferred its agenda item for the appointment of DSC members. At the December 11, 2019 meeting, the Board will select either two or five of the nine persons to appoint to the committee. The number to be appointed depends upon the status of the Extension of the Comprehensive Community Services Agreement. 

At least two appointees will serve for two-year terms. If five appointees are to be made, in order to maintain staggered terms, the Board should appoint a portion of the members to serve two year terms and the remaining appointments should be given one-year terms. The selection of DSC members will be made by written ballot and all applicant names will be listed in alphabetical order. In order to be selected to serve on the DSC, the candidate must receive a majority of Board Member votes. In the event that two (or five) candidates do not receive the required number of votes on the initial ballot, those who received the majority of votes will be appointed and the process will be repeated until the two (or five) candidates are appointed. During any repeat vote, the name(s) of those who received the required votes will be omitted and Directors will only vote for the number of positions remaining. (For example: If one candidate receives a majority of votes on the initial ballot, that person will be appointed and Directors will be provided a new ballot on which to vote for one out of the remaining candidates.) 

If the Board is to appoint five persons to the committee, the process to be used to select the two persons who receive a one-year term verses the two-year terms is at the Board's discretion; however, the Board could choose to provide longer terms to the candidates who receive the highest number of votes during the initial voting process or the Board could add an additional voting process to make the determination on the length of the term.

The Covenants require at least five members of the committee of seven to have experience in architecture, engineering, contracting, building code enforcement or related fields (“Professional Credentials”).  All nine candidates presented for consideration are considered qualified to have Professional Credentials. 

Per the terms of the Comprehensive Community Services Agreement / Amended and Restated Agreement with Regard to Delegation of Covenant Responsibilities, which expires December 31, 2019, unless extended, TWLDC designates, and the Township appoints for a two-year term, its three members. The Board of Directors appointed TWLDC's three designees in 2018, and they have experience in architecture, engineering, contracting, building code enforcement or related fields.

If the Extension and Modification to the Comprehensive Community Services Agreement is approved and includes the agreement that the Township will appoint three members to the DSC that are designated by TWLDC, the Board will appoint two members to DSC that will be the Township's designees. TWLDC's designees that were appointed by the Township in 2018 for two year terms will continue to serve until December 2020.

If the Extension and Modification to the Comprehensive Community Services Agreement is pending or still under negotiations, the Board may: 1) appoint two members as the Township's designees and defer the potential to appoint three more members to a future meeting (the remaining seated members can continue to serve until successors are appointed; 2) defer appointing any members until the Extension and Modification to the Comprehensive Community Services Agreement is approved or the CCSA terminates (the current members can continue to serve until successors are appointed.
RECOMMENDATION:
Appoint two members from the applications received to the Development Standards Committee as the Township's appointees for two year terms beginning January 1, 2020, or until successors are assigned; or appoint five members from the applications received if the Extension and Modification to the Comprehensive Community Services Agreement is not approved.
Attachments
Attachment A - DSC Candidate Applications
Attachment B - DSC Candidate Summary


    

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