HomeMy WebLinkAboutResolution No. 2002-55 RESOLUTION NO. R2002-55
A RESOLUTION ADOPTING RULES OF PROCEDURE FOR THE
PLANNING AND ZONING COMMISSION OF THE CITY OF
FRIENDSWOOD, TEXAS, PURSUANT TO AUTHORITY
CONTAINED IN SECTION 2-3 OF THE CODE OF THE CITY OF
FRIENDSWOOD, TEXAS; AND REPEALING RESOLUTION NO.
R99-16.
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
TEXAS:
Section 1. The following rules of procedure shall govern all meetings and
proceedings of the Planning and Zoning Commission ("Commission") of the City of
Friendswood, Texas, and the conduct of its members and persons in attendance at such
meetings:
Rule 1. Meetings - Regular and Special.
(A) The Commission shall meet in the Council Chambers of the City Hall
on the first and third Thursday of each month, commencing at 7:00 o'clock p.m. In
the event Thursday falls on a holiday, the meeting for that day shall be rescheduled as
determined by the Commission. Any meeting of the Commission may be recessed
from hour to hour for a period of time not to exceed 24 hours, by a majority vote of
the members present at such meeting, and such recessed meeting shall be held without
further notice.
(B) Special meetings of the Commission shall be held by the call of
the Chairman or of four (4) or more members. Such meetings may be held at
City Hall or at another location within the City designated by the
Commission.
(C) Four (4) members shall constitute a quorum for the transaction
of business.
(D) The Commission may retire into Executive Session as
authorized by the Open Meetings Act (Texas Government Code Chapter 551).
These Rules of Procedure shall apply to the conduct of commissioners in an
Executive Session, provided they do not conflict with the provisions of the
Open Meetings Act.
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Rule 2. Chairman Call to Order.
The Chairman, or in his absence the Vice Chairman, shall preside at all
meetings of the Commission. In the absence of the Chairman and Vice
Chairman, any member elected by a majority of the Commission at such
meeting may preside unless another member has been designated by the
Chairman. The Chairman or acting Chairman, shall assume the chair, call the
Commission to order, and the Secretary shall record the roll.
Rule 3. Handling of Agenda Subjects.
The Commission shall be the sole judge of its own procedure and shall
be in full control of the business before it. Neither the Chairman, the Vice
Chairman, nor any member appointed to preside shall have any power to
either recess a meeting or adjourn a meeting, or prevent the Commission from
considering an agenda item, or lay the same out for consideration, except in
accordance with Texas Open Meetings Act, the City Charter and as otherwise
provided herein. If, notwithstanding the positive provisions of the Rule, the
presiding officer, whether Chairman, Vice Chairman, ar member presiding,
shall attempt to prevent the Commission from taking any action on any
agenda item brought before it, any member present may call for a vote of the
Commission to consider the matter.
Rule 4. Conduct of Chairman and Members.
Any member of the Commission, including the Chairman, who shall
fail to observe decorous and orderly behavior during a meeting of the
Commission shall be subject to expulsion from such meeting upon motion
passed by two-thirds vote of the Commission present at the meeting. Any
�-nember repri�nanded by inotion or ex��elled from a n�cetin.g �iy mc�tion who
tl�ereafte�• colnmits �.i�c>the�- 1�re:ach of decorc�us and c�rderly be�lavic�r during a
su�sec�uent 7neeting sha1l be sul�ject ta the same power c�f C�'t�mmissitzt� to
re�rimand him;'her, expel hiin/hei• fr�in the meetiilg, or subject such memt}er
tc� camplaint, investigatit�sti, and conE�iction ot c�fficial iniscc���cluct.
Rule 5. Non-interruption
Members of the Commission shall be permitted to address the Chair
while either seated or standing, and after recognition shall not be interrupted
while speaking without his consent� VAVVf/��y az�" � ---'�--��*'�� r'��;--
Rule 6. Handling of Question of Order.
All questions of order shall be decided by the �� presiding
oi#icer with right of appeal of st�e�3 his�her decision to the Co�imission
members, and a majority of the �� Cc��ni��.issianer� present may
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overrule the decision of the Chair. When the Chair rules on a point of order
and one of the members states "I appeal the ruling of the Chair", or words to
such effect, no other business shall be transacted until the question, "Shall the
ruling of the Chair be sustained?" be voted on. The Chairman shall
immediately put such question to vote without debate, and, if�e hei"she fails to
do so immediately, any member of the Commission may put the question to a
vote.
Rule 7. Procedure for Submitting Agenda Items.
Any person requesting the placement of an action item on any
Commission Meeting agenda must notify the Planning and Zoning Secretary
of same at least �� eight (8) warking days prior to the meeting. All
backup information such as plats, site plans, etc., must be submitted at that
time. Agenda items which do not require action at a Commission Meeting
may be submitted up to seventy-two (72) hours in advance of the meeting.
The Commission may adopt a policy regulating the number of items on an
agenda.
Rule 8. Motion to Table.
Since the Commission has regularly scheduled
meetings, a motion to table, when carried, does not permanently defeat a
measure. If a motion or other measure is tabled by a majority vote of the
Commission, such motion, or other measure,
, . i f not
sooner removed from the table, �ke-�te�must be removed �-�~~ +'�����'° at the
third meeting, and acted upon, even if c�nly to place the item on the table
again.
Rule 9. Procedure to Debate.
Upon any measure being laid out, or any motion being made, any
member present, before there is any debate opened on the subject, may make a
parliamentary objection to the consideration of the subject which need not be
seconded. No debate shall then be permitted, and the Chairman shall
immediately put the question, "Shall the objection be sustained?" If the
objection is sustained by a vote of two-thirds of the members present, the
motion or other measure is permanently defeated for that meeting and shall
not be debated (except in accordance with Rule 11).
Rule 10. Closing of Debate.
If, during debate upon any motion or other matter before the
Commission, any member moves that the subject under discussion be put to a
vote without further debate (and such a motion need not be seconded), the
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Chairman shall immediately ask the Commission, "Is there any objection to
proceeding to vote on the motion or other measure before the Commission
being taken immediately?" If any member objects, the Chairman shall
immediately and without debate put the question, "Shall the subject being
discussed be put to a vote without debate?" To a vote of the Commission, and
if two-thirds of the members present vote in favor of ordering the vote, debate
on the question shall be closed and a vote on the motion or other measure shall
be taken immediately.
Rule 11. Reconsideration of a Subject.
When a motion or other measure of any sort has been placed before the
Commission and defeated, the same identical question shall not again be
considered by the Commission until ninety (90) days have elapsed from the
date of the denial.
Rule 12. Reducing Motion to Writing.
All oral motions must be seconded before being put to a vote
by the Chair (except where otherwise provided in these Rules), and upon
request of any member or Chairman, the party making any such oral motion
(except a motion to order a vote on a subject being considered per Rule 10 or
table, or other such procedural matter) shall reduce the same to writing, or
request the Secretary to do the same. If a mc�tian be ma�e by any mem�er c�f
the Commision in ���ritin� and �iled u�ith the presiding offlce, ii shall still
require a secon�.
Rule 13. Secretarial Procedure.
A member of the City Staff shall be assigned the duties of the secretary
for the Commission and shall act as reading and recording clerk to the
Commission. By his or her signature, the Secretary shall certify the
correctness of the minutes and journals, shall record all actions taken by the
Commission, shall record the vote upon each measure when taken by the ayes
and nays, and shall perform such other duties as may be required. The
secretary shall mark the absence of any member of the Commission. The
secretary shall test and attest to the satisfactory operation of the tape recorder,
and maintain proper functioning and tape changes as needed throughout the
meeting. I:n the a�senc�; of tl�e Secretary, any� s€�itable pe;rsc�n inay be
a��t�in�ed �y �he Secretaiy c>r C}�airman to sertiJe as acting Secre�ary c�f any
�neeting. The Secretary shall ensure that a tape recording of any executive
session shall be made and shall secure such following each meeting.
The Secretary shall keep a copy of these Rules and any other required
documents available for reference.
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Rule 14. Voting.
,
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!111 actic�n required of��e C.om�nission shall be made b_y an aftirn�ativc
vote of t«ur (4) Ur more mein(�ers Uf the Commissican pi•esent at such
Carninission meetings. Excluding conflicts of interest as�ro��ided by state law
c�r bv City chartez�; all n�ernbers pr�;ser�t at each inceting tnust vote an each
su�ject�resented for {;oinmission vate. All votes lnust be taken in accc�l-dance
u�ith sectian 3.10, �rticle III c�f the City charter.
Rule 15. Citizen's Right to be Heard.
Any citizen shall have a reasonable opportunity to be heard at any and
all regular and special meetings of the Commission in regard to any and all
matters to be considered at any such meeting, or such other matters as citizens
may wish to bring to the commission's attention, provided, however, that any
matter not posted on the agenda may not be discussed by commissioners nor
shall any action be taken except to indicate that the matter may be placed on a
later agenda. A time shall be set aside during each commission meeting for
the commission to hear from the public, - ��`'� �-�� m �•+° +��� '�-M��. Such
designatec� time n�t to exceed ti��e (5} minutes per pel•son. "I'�ie Chairm�i
shall retain the ciiscretian to further Iimit ar increase this time foy public
comnlents on agenda ite��s.
�
�e-see�e�� Citizens attendin� any regularly scheduled meetin� �nay 5peak
betore the C��lnrnission b_y cornpleting a forrn and presenting it to ihe
Secrctary pt-ior to the begint�in�of suc]�tneetin�.
No member of the public shall be heard until recognized by the
presiding officer. Any member of the public interrupting commission
proceedings, or failing to abide by these rules of procedure in addressing
commission, shall be deemed guilty of disorderly conduct and, at the direction
of the presiding officer, shall be removed from council chambers by the
sergeant-at-arms or other agent designated by the Commission. Any citizen
shall be entitled to visit city hall, during regular business hours, and inspect all
past commission meeting minutes, and the agenda relating to those items to be
considered by the commission in advance of the meeting and inform himself
or herself as to the matters to be considered.
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Rule 16. Order of Business - Regular Meetings.
Unless agreed to otherwise by majority vote of Commission, the
normal order of business before the Commission in any regular meeting shall
be as follows:
(1) Call to order
(2) The Secretary shall mark the absence of the Chairman or any
other member of the Commission.
(3) The Commission shall receive petitions and hear any of the
public as provided in Rule 15, and any appeal or other matter
specially set for public hearing shall then be heard by the Commission.
(4} Cc�a�sent agenda
A. Minutes
B. Final }�lats
(5) Tabled items shall then be considered.
(6) Items for discussion and action shall then be considered.
(7) Staff Reports and reports from Commissioners and council
liaison.
(8) Adjournment.
Rule 17. Order of Business for Special Meetings.
Unless agreed to otherwise by majority vote of Commission, the
normal order of business before the Commission in any special meeting shall
be as follows:
(1) Call to order. ,
(2) The Secretary shall mark the absence of the Chairman or any
other member of the Commission.
(3) The Chairman shall state the purpose(s) of the meeting.
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V
(4)
�trl��ee�e�e�— Na busi��ess shall be discussed ar ac�ed
upc�n at sucl� �?eeting unless tl�e :;ubject has bec;n duly pc�sted in
ac;cc�rdance�vith the"I`exas open meetings act.
(5) Adjourn meeting.
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Rule 18. Suspension of Rules of Procedure.
Any one or all of these rules of procedure may be suspended in order
to allow a particular consideration of a matter, provided that it does not violate
state law, or the City's Home Rule Charter, and prc>videci not less than two-
thirds of the members present vote in favor of such suspension. Where any
rule embodies a provision of state law, identically or in substance, such rule
may not be suspended. The requirement of two-thirds of inembers present to
suspend a rule shall not apply to Rules 16 and 17, but the order of business
may be suspended by a majority vote.
Rule 19. Rules of Procedure.
Except where in conflict with state law, the City's Home Rule Charter,
city ordinance, or the rules of procedure adopted by this Resolution, the rules
of procedure laid down in Robert's Rules of Order, 75"' Anniversary Edition,
shall govern the proceedings of the Commission.
Section 2. Rules regarding official instruments of the Commission.
The Commission shall utilize five (5) instruments to formally report its
work as follows:
Instrument 1. Official Notice.
(A) Provisions for advance general announcement of Commission
meetings.
(B) Provisions for special notice of abutting and adjacent parties
having interest in an application before the Commission.
Instrument 2. Agenda
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The agenda of the Commission shall have coherent and consistent
structure, with similar items grouped together and relevant staff reports clearly
referenced or attached.
Instrument 3. Staff Report.
A staff report shall be prepared regarding each item requiring action on
the agenda and shall become a part of the official record of Commission
proceedings. The staff report shall consist of the following:
(A) Description of the proposal;
(B) Notation of compliance with existing adopted city ordinances
and plans;
(C) Anticipated impact of the proposal upon existing city streets,
services and facilities;
(D) Recommendations to bring the proposal into compliance with
adopted ordinances and plans, if required.
Instrument 4. Minutes.
The structure of the minutes shall follow the order of the agenda, or the
order of the items as considered. The content of minutes shall recognize all
information presented to the Commission whether by staff, other public
agencies or commissions, community groups, or interested parties. The
minutes shall provide formal record of the Commission's actions, including
the name of the mover and seconder by motions, the specific construction of
motions, and the voting record. This record must be provided for all motions,
whether passed or defeated. The minutes of each meeting shall be prepared,
made publicly available, and adopted by the Commission at a subsequent
meeting; at the subsequent meeting, revisions of the minutes may be made by
vote.
Instrument 5. Resolutions.
A resolution may take the form of an official recommendation,
coupled with a recitation of reasons, to a legislative or administrative unit; or
it may be a definitive action of approval or disapproval over which the
Commission holds jurisdiction. Commission resolutions shall contain a clear
and specific recitation of reasons for the decision reported. These reasons are
necessary to support a recommendation to Commission. They are required
when the Commission rejects or amends the recommendation contained with
the staff report. Here, the findings and recommendation of the staff should be
clearly separated from the findings and recommendations of the Commission.
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Section 3. The City of Friendswood, Galveston/Harris Counties, Texas,
Resolution No. R99-16 is hereby repealed.
ADOPTED by the Planning and Zoning Commission of the City of
Friendswood on this the 4tn day of November , 2002.
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Robert J. ertrand, III, Chairman
Planning&Zoning Commission
ATTEST:
� t
J �,�� �: ;`
Diana Steelquist,
Development Coordinator
Planning&Zoning Commission
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PASSED, APPROVED, AND RESOLVED by City Council this the 4th day of
November , 2002.
arold L. Whitaker
Mayor
ATTEST:
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Deloris McKenzie,TRMC
City Secretary
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