HomeMy WebLinkAboutResolution No. 2019-15 RESOLUTION NO. R2019-15
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. R2010-09.
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 second and fourth Thursday of each month,commencing at 7:00 o'clock
p.m., provided one or more complete applications have been submitted requiring their
consideration. 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.
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, or 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 member reprimanded by motion
or expelled from a meeting by motion who thereafter commits another breach of
decorous and orderly behavior during a subsequent meeting shall be subject to the
same power of Commission to reprimand him/her, expel him/her from the meeting,
or subject such member to complaint, investigation, and conviction of official
misconduct.
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.
Rule 6. Handling of Question of Order.
All questions of order shall be decided by the presiding officer with right of
appeal of his/her decision to the Commission members, and a majority of the
Commissioners present may 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
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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 he/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) working 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, if
not sooner removed from the table,must be removed at the third meeting,and acted
upon, even if only 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 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.
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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 motion be made by any member of the Commission in writing and
filed with the presiding office, it shall still require a second.
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. In the absence of the Secretary, any suitable person may
be appointed by the Secretary or Chairman to serve as acting Secretary of any
meeting. 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.
Rule 14. Voting.
All action required of the Commission shall be made by an affirmative vote
of four (4) or more members of the Commission present at such Commission
meetings.Excluding conflicts of interest as provided by state law or by City charter,
all members present at each meeting must vote on each subject presented for
Commission vote. All votes must be taken in accordance with section 3.10, article
III of the City charter.
Rule 15. Citizen's Right to be Heard.
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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, such designated time not to exceed five (5) minutes per person. The
Chairman shall retain the discretion to further limit or increase this time for public
comments on agenda items. Citizens attending any regularly scheduled meeting
may speak before the Commission by completing a form and presenting it to the
Secretary prior to the beginning of such meeting.
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.
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) Consent agenda
A. Minutes
B. Final plats
(5) Tabled items shall then be considered.
(6) Items for discussion and action shall then be considered.
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(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.
(4) No business shall be discussed or acted upon at such meeting unless
the subject has been duly posted in accordance with the Texas open
meetings act.
(5) Adjourn meeting.
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 provided 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 members
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, 75th 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.
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(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
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.
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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 the 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.
Section 3. The City of Friendswood, Galveston/Harris Counties, Texas, Resolution
No. R2010-09 is hereby repealed.
ADOPTED by the Planning and Zoning Commission of the City of Friendswood on
this the 18th day of April, 2019.
Jo M Matranga, C•.irman
nning&Zo g Commission
ATTEST:
4
Aubrey arbin, erector of Community
Development/Pi,tt` er
Planning &Zoning Commission
PASSED, APPROVED, AND RESOLVED s City Council this the 6th day of May,2010.
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ATTEST.
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Melinda Welsh, TRMC
CitySecretary � •`
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