is basically allowing banks to do what they want to do. ultimately, it is the bank's faults, but ultimately we are setting a precedent here because there is no other argument other than the bank failed to deal with this issue and we fail to record it. we allowed for the new hearing -- maybe i can get an assessment from the department on what about this is -- excuse me, fines and penalties? >> the amount in the final bill that was sent out august 13 is $1,346.50. that is our time. that was the final bill. that was before this appeal.

>> i would like to make a motion that we -- commissioner walker: i already made a motion. >> i would like to make a motion that the case be dropped with no funds to the owner. >> motion to grant the appeal and reverse the assess the cost. it is not penalties of fine, it is assessment of cost. commissioner lee: second. any further discussion? >> we will take a roll call vote.

[roll call] the motion carries on a vote of 4-2. commissioner lee: thank you. >> item d is general public comment. is there any general public, related to the abatement appeals board? seeing none, we can move to e adjournment. all in favor? ok, we are now adjourned. we will be taking a short break to set up for the building inspection committee, probably at 10:00.

good morning. today is wednesday december 15, 2010. this is their regular meeting of the building inspection commission. i would like to remind everyone to please turn off all electronic devices. first item on the agenda is roll call. present. commissioner hechanova: here. commissioner walker: here. >> we have a quorum, and the next item on the agenda is

president's announcements. commissioner murphy: -- commissioner lee: i just have a couple of things. -- commissioner murphy: i just have a couple of things. i would like to thank my secretary for putting up with me. anyway, thank you, ann, and also sonya. great back up. i would also like to thank my fellow commissioners. directors, and staff. deputy sweepback they're made my life a little easier. i want to talk about our achievements.

but our achievements never measure up to the way i want them to. as i found out over the last few years, we as a government move very slowly, and that goes to our department. but we have made some success in the past year. i would have liked to have made a little more success or seen a lot more. we have done quite a bit with caps, which commissioner walker would probably love to talk about. but i believe taking in our of our hands and moved it on. i would also like to take this time to emphasize the need to do more public outreach and let the home owners and property owners know exactly what they are

doing. let the tenants know what the plan is, what we are going to do, and get everybody involved. i think the people that have been involved in this for the last few years have done a great job up to this point, and i'm glad it is moving forward. so that is it. thank you. happy holidays, everybody. >> ok, do we have any public comment on the president's announcements? seeing none, we can move on to item three. this is going to hold true for items three, four, and 5. the building inspection commission is free to consider any of the candidates that have been proposed under the agenda that were included in the agenda packet. these are the recommendations of the nomination committee, but the bic is able to consider

other candidates who also applied. item three is discussion and possible action to approve and swear in members of the access appeals commission. appointment or reappointment recommended by the nomination subcommittee for two construction seats. the seeds are set to expire on november 1, 2014. >> may i suggest that we take three, four, and five together? we will just do them all at the same time. >> that is acceptable to the commission? we have a motion to consider all of them. commissioner murphy: i do not see any problem with that. >> and then item four is discussion and possible action to approve and swear in members of the board of examiners. item five is discussion and possible action to approve and swear in members of the code advisory committee.

do you wish me to read their names? ok. on the board of examiners, the appointments or reappointment are ken cleaveland, and i received it and note -- received a note from him yesterday that he is going to be appointed to the finance commission, so he will have to resign from the board of examiners, so that will be an open seat. mel cammisa, robert ruller, dick glumac, kevin mirkovich, armin wolski, james reeed, patrick buscovich, and jane martin. the season set to expire september 15. for the code advisory

committee, recommendations are jerry cunningham, mark cunningham, eileen dick, ira doerter, edgar fennie, fredric freund, rene vignos, stephen harris, shane o'reilly, arnie lerner, zachary nathan, lee yvonne phillips, jim reed, tony sanchez-corea iii, kevin wallace, tony lau, and robert wong. seats to expire august 18, 2013. before we nominate or whatever,

there are a few new people. most of the people on here are people who reapplied or were reappointed. we got very few applications -- i believe we got a total of five -- and if you would like, maybe we could introduce those new people, or if you want to go one by one. >> why don't i say a little bit about what happened at the nomination committee? the nomination committee met just a week ago, a little over a week ago, and we were surprised that there was not very many public members -- in fact, there were no public members at the meeting, and we usually get a handful to a dozen people talking to us about the applicants and who applied and the merits of everybody. so what the commissioner -- what commissioner hechanova and i did

-- we were the team at the meeting -- we looked at the applicant's and asked what the new applicants requested, and we looked to see if they fit into our categories and what seek would fit them. we started first with the board of examiners. we saw we had miss harper, a fellow architect, so that is wonderful. she was applying for the architect seat. jane is the founding member of her architecture firm, and she is a founding director of planned san francisco, which is a community-based organization that helps promote permeable landscaping, and she has done a fine job in san francisco promoting that.

we said jane wanted to be on the board of examiners, so we put her there. next, we looked back henry, who applied for the access of appeals commission for the contractor seat, and henry is the contractor and has been a contractor since the 1970's. we put henry to the access appeal commission, and everybody else that was an incumbent to the other seeds, we decided to leave them there. i think there was only one other open seat, and he was president

of the commission at that time. finally, we went down to the code advisory committee and learned that there was now an opening for the residential builders seek and residential contract seat and a major contractor seat, so we look at the two applicants, and they were chained o'reilly and -- shane o'reilly and tony lau, and they seemed to fit into those seeds really well. so that is how we arrived here. we try not to duplicate, meaning we did not want to put the same person in a table we will committees. we thought we should keep everybody having one duty, so we did not find any duplications for every person that was appointed has one seat on your commission, and we were hoping to give people what they wanted.

commissioner murphy: any comments? you were on that committee, also. commissioner hechanova. commissioner hechanova: we had the responsibility, of course, to place the appropriate people into the right position with their respective experience, but -- and hopefully, the challenges of not only the appointment but also the role that they have to play with the city will be duly taken to a level of responsibility if not also a conflict of interest. i think there were solid

candidates, but we always will be challenged to fill these positions and seeds. i just cast out there that we are always, the nominations committee, looking for candidates. please continue to send in your resume because we are looking for and will always look for good people. >> i would also like to say that on the access of appeals commission and also on the board of examiners, i was advised by the ethics commission that we cannot swear someone in until they have their waiver. jane martin is here today, but we cannot swear her in until she gets her waver. the same would be true for anyone who needs to get a waiver. should we go item by item? oh, i'm sorry, public comment. commissioner murphy: see none.

>> i move that we appoint all of the nominees into the decisions as read into the record in three, four, and five if we could do that. i really want to just say how grateful that we are and the city is. all of these bodies help to advise us on issues. we are not necessarily -- at least i will speak to myself -- experienced on building and architecture, and we count on you to look at these issues that we bring forward a lot, so i really appreciate the work that all of you do. it is a lot of work, and those of you willing to serve the city, we really appreciate it, so thank you very much. with that, i make a motion to approve all the appointments. commissioner murphy: before you make a motion, i agree with you on just about everything you

said, but one of the applicants did mention to me this morning that he was withdrawing, so could i hear from that applicant? >> hello, commissioners. i have withdrawn from a position due to complications that have come up. thank you. >> thank you. >> on that seat, when we had our subcommittee meeting, art burner was in that seat. we decided that of henry for some reason could not get a waiver that we would reappoint arnie, leave him on tahhat seat. the city tells me that because

these are just considerations, that we can appoint him today. commissioner murphy: i will make that motion. >> can i ask a question? he is already on the other one, right? code advisory committee? >> he is on the code advisory committee. we also have james reed. >> i commend my motion to replace henry with arnie. >> just reappointment, isn't it? >> you need a second on that, i will second it. >> right now, the motion would include ken cleavelan, so we will exclude him because he has also resigned from the board of

examiners. >> so amended. removed ken cleaveland, and kevin, add arnie. do we have a second on that? >> second. >> all in favor? those opposed? i think it would probably be easier if we score these individuals in as each committee. if we could have arnie and william please step forward to be sworn in for the access appeals commission. commissioner murphy: good morning, gentlemen. >> can you give them a copy so they can read it? >> they do.

commissioner murphy: i will start off. you just need to say your name. i do solemnly swear or affirm that i will support and defend the constitution of united states and the constitution of the state of california against all enemies foreign and domestic, that i will bear true faith and allegiance to the constitution of the united states and the constitution of the state of california that i take this obligation freely and without mental reservation or purpose of evasion and that i will faithfully discharge the duties upon which i am about to enter and during such time as i hold the office as a member of the access appeals commission -- >> and whatever seed you are taking -- whatever seat you are

taking. >> it is their oath, not your both. commissioner murphy: i know. i'm asking them. anyway, why don't you let me drive the cars here? that is it. can i hear aye? >> aye. commissioner murphy: congratulations. >> thanks. going to give these to you. now if we could have the members of the board of examiners that our present. we have some members that are not present, but i have let them know that since i have been duly sworn to be able to swear people in, that i will either go to a meeting or have them come to my office, make an appointment. those from the board of examiners.

we only have two? everyone else is code advisory committee. commissioner murphy: i do solemnly swear to affirm or affirm that i will support and defend the constitution of the united states and the constitution of the state of california against all enemies foreign and domestic, that i will bear true faith and allegiance to the constitution of the united states and the constitution of the state of california, that i take this obligation freely, without any mental reservation or purpose of evasion and that i will and faithfully discharge the duties upon which i'm about to enter, and during such time as i hold the office as a member of the board of the code -- >> the board of examiners and whichever seek you are taking -- whichever seat your taking.

ok. thank you. commissioner murphy: thank you, commissioners. >> ok, now those that are present that are here to be sworn in for the code advisory committee. you can tell this is the good group for showing up. [laughter] commissioner murphy: we will go from left to right on this one, code advisory. robert wong. wallace -- what is your name? maybe you should step up to the microphone as we do this. >> [inaudible] >> tony lau.

>> jim reid. >> mark cunningham, a member at large. >> edgar fennie. >> shane o'reilly. >> stephen harris. commissioner murphy: ready for the swearing in? >> small project architect zachary nascent -- zachary natahan is listed. >> yes, but he is not here. go ahead. commissioner murphy: i do solemnly swear or affirm that i

will support and defend the constitution of the united states and the constitution of the state of california against all enemies foreign and domestic, that i will bear true faith and allegiance to the constitution of the united states and the constitution of the state of california, that i take this obligation freely, without any mental reservation or purpose of evasion and that i will and faithfully discharge the duties upon which i am about to enter and during such time as i hold the office of a member of the board -- code advisory committee. >> thank you. commissioner murphy: congratulations. >> if you could all return your paperwork. >> is it possible for me to make a few comments? in the current chair of the code advisory committee, and i just wanted to thank the

subcommittee because our committee's strength is based on having a full membership, some making sure all those positions are filled, and i know it is a lot of work, especially when there were not that many people that step forward. i also wanted to welcome the new board of examiners come to our meetings. just because they are on the board of examiners and although you wanted to make sure there was only one rule for everybody, it does not mean they can contribute to the meetings. the more people that show up, the richard -- the richer the discussions. i also wanted to thank commissioner walker and president murphy for your involvement in the caps program. the final draft is coming out in the next week or two, and i frankly believe it is a very good document. it was put together over a long time with a lot of