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CC Resolution No. 1648 36 RESOLUTION NO. 1648 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING PROCEDURAL RULES FOR THE PLANNING AND ZONING COMMISSION WHEN SERVING IN ITS CAPACITY AS THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE PURSUANT TO CHAPTER 395 OF THE TEXAS LOCAL GOVERNMENT CODE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. +r*ts**rear***+**t*******r***�r**e*rr******s�****s�*t**�*:**�►**sr*■*r****s*r***s.**a WHEREAS, the Planning and Zoning Commission (the "P&Z Commission") is charged with acting as the Capital Improvements Advisory Committee pursuant to Section 395.058 of the Texas Local Government Code and Section 2-326 of the Code of Ordinances, Baytown, Texas; and WHEREAS, in accordance with Section 395.058(e) of the Texas Local Government Code, the City Council is required to adopt procedural rules for the P&Z Commission when acting in its capacity as the Capital Improvements Advisory Committee; and WHEREAS, the attached procedural rules have been reviewed by the City Council and it has determined that such rules should be adopted for the use of the P&Z Commission when acting in its capacity as the Capital Improvements Advisory Committee; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the findings of the City Council of the City of Baytown contained in the recitals of this resolution are hereby approved and adopted. Section 2: That the City of Baytown hereby adopts the procedural rules, which are attached hereto as Exhibit "A" and incorporated herein for all intents and purposes, for the Planning and Zoning Commission when acting in its capacity as the Capital Improvements Advisory Committee. Section 3: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 13`h day of May, 2004. e �tg/jo • FETE C. ALFARO,Mayor ATTEST: G Y NBiH, City Clerk APPROVED AS TO FORM: ACIIO RAMIRE Z, SR., O ty Attorney FAKaren\files\City Council\Resolutions\ProceduralRulesforCapitallmprovementsAdvisoryCommittee.doe RULES OF PROCEDURE OF THE PLANNING AND ZONING COMMISSION WHEN SERVING AS THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE 1. AUTHORITY 1.1 Pursuant to Section 395.058(g) of the Texas Local Government Code, the City Council has adopted the procedural rules established herein for all meetings of the Planning and Zoning Commission when serving in its capacity as the Capital Improvements Advisory Committee. 1.2 While serving in its capacity as the Capital Improvements Advisory Committee, the Commission shall provide a reasonable opportunity for citizens to be heard under these rules. The rules of procedure are enacted as guidelines to be followed by all person present at any meeting, including the administrative staff, news media, and visitors. 1.3 All references herein to "the Commission" shall mean and be construed as the Planning and Zoning Commission when acting in their capacity as the Capital Improvements Advisory Committee pursuant to Chapter 395 of the Texas Local Government Code. 2. GENERAL RULES 2.1 Quorum. A majority of the Commissioners shall constitute a quorum for the transaction of business. 2.2 Minutes of Meetings. An account of all proceedings of the Commission shall be kept by the Secretary of the Commission in accordance with Chapter 551, Texas Government Code, as amended. 2.3 Questions to Contain One Subject. All questions submitted for a vote shall contain only one subject. 2.4 Right of Floor. Any Commissioner desiring to speak shall be recognized by the Presiding Officer, and shall confine his or her remarks to the subject under consideration or to be considered. Generally, no Commissioner shall be allowed to speak more than once on any one subject until every Commissioner wishing to speak shall have spoken. 2.5 Director of Planning and Development Services. The Director of Planning and Development Services or his/her designee shall attend all meetings of the Commission unless excused. He or she may make recommendations to the Commission and shall have the right to take part in all discussions of the Commission, but shall have no vote. LXMIT A Rules of Procedure Page 2 of 7 2.06 Secretary. The Director of Planning and Development Services shall provide a member of the Planning and Development Services Department to serve as the Secretary of the Commission. The Secretary or his/her designee shall attend all meetings of the Commission unless excused, and shall keep the official minutes and perform such other duties as may be requested and assigned by the Director of Planning and Development Services. 3. CODE OF CONDUCT 3.1 Commissioners. (a) During Commission meetings, Commissioners shall preserve order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to observe the rules of the Commission. (b) A Commissioner, once recognized, shall not be interrupted while speaking unless called to order by the Chairman or presiding officer, unless a point of order is raised by another Commissioner, or unless the speaker chooses to yield to questions from another Commissioner. If a Commissioner is called to order while he or she is speaking, he or she shall cease speaking immediately until the question of order is determined. If ruled to be in order, he or she shall be permitted to proceed. If ruled to be not in order he or she shall remain silent or shall alter his or her remarks so as to comply with rules of the Commission. 3.2 Administrative Staff. (a) Members of the administrative staff and employees shall observe the same rules of procedure and decorum applicable to members of the Commission, and shall have no voice unless and until recognized by the Chairman or presiding officer. (b) While the presiding officer shall have the authority to preserve decorum in meetings as far as staff members and employees are concerned, the Director of Planning and Development Services also shall be responsible for the orderly conduct and decorum of all employees under his or her direction and control. (c) The Director of Planning and Development Services shall take such disciplinary action as may be necessary to ensure that such decorum is preserved at all times by employees in Commission meetings. Rules of Procedure Page 3 of 7 (d) All remarks and questions addressed to the Commission shall be addressed to the Commission as a whole and not to any individual member thereof. (e) No staff member, other than a staff member having the floor, shall enter into a discussion either directly or indirectly without permission of the Chairman or presiding officer. 3.3 Citizens. (a) Citizens are welcome and invited to attend all meetings of the Commission, and will be admitted to the meeting room up to the fire safety capacity of the room. (b) All citizens will refrain from private conversations in the meeting room while the Commission is in session. (c) Citizens attending Commission meetings shall observe the same rules of propriety, decorum, and good conduct applicable to the administrative staff. Any person making personal, impertinent, or slanderous remarks, or who becomes boisterous while addressing the Commission or while attending the Commission meeting shall be removed from the room if so directed by the Chairman or presiding officer, and such person shall be barred from further audience before the Commission during that session of the Commission. (d) Unauthorized remarks from the audience, stamping of feet, applauding, whistles, yells, and similar demonstrations shall not be permitted by the presiding officer, who shall direct the removal of such offenders from the room. In case the presiding officer shall fail to act, any Commissioner may move to require him or her to act to enforce the rules, and the affirmative vote of a majority of the quorum of the Commission present shall require the presiding officer to act. (e) No placards, banners, or signs of any kind will be permitted in the meeting room except exhibits, displays, and visual aids used in connection with presentations to the Commission, provided that such exhibits, displays, and visual aids do not disrupt the meeting. 3.4 In General. (a) Rules. Robert's Rules of Order (latest revision) shall govern in all cases, unless Robert's Rules of Order are in conflict with the rules Rules of Procedure Page 4 of 7 of procedure hereby adopted, provided that Section 42, "Rules Governing Debate" relating to the right of the Chair to participate in debate shall not be applicable and the Chairman or presiding officer shall have the right to participate in debate of issues pending before the Commission. (b) Recognition by presiding officer. No person shall address the Commission without first being recognized by the presiding officer. (c) Procedure. Each person addressing the Commission shall give his/her name and address in an audible tone of voice for the record, state the subject the person wishes to discuss, and, if representing a group, identify the group or organization the person represents. All remarks shall be addressed to the Commission as a whole and not to any member thereof. No person other than Commissioners and the person having the floor shall be permitted to enter into any discussion, directly or through a Commissioner, without permission of the presiding officer. No question may be asked of a member of the staff without the permission of the presiding officer. (d) Spokesperson for group of persons. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Commission on the same subject, it shall be proper for the presiding officer to request that a spokesperson be chosen by the group to address the Commission, and in case additional matters are to be presented by any other member of the group, to limit the number of such persons addressing the Commission. (e) Charges against employees. Should any person in a Commission meeting charge an employee with improper conduct, malfeasance, nonfeasance, or misfeasance, then, in such event, such person shall be ruled out of order immediately and instructed to refer his complaint to the Director of Planning and Development Services. (f) Disturbances. No person attending any Commission meeting shall delay, interrupt, or disrupt the proceedings or refuse to obey the orders of the presiding officer. Any person making personal, impertinent, and slanderous remarks or who becomes boisterous while addressing the Commission or while attending the Commission meeting shall be removed from the room if so directed by the presiding officer. (g) Communication devices. Any person attending any Commission meeting shall set a pager, cellular telephone, radiotelephone or Rules of Procedure Page 5 of 7 other device to a mode to provide nonaudible notification of an incoming call or page. No person attending any Commission meeting shall use a cellular telephone, radiotelephone or other telecommunication device for audible communications while the Commission meeting is in session. 4. MEETINGS 4.1 Meetings. Meetings of the Commission shall be called by the Secretary upon the request of the Chairman, the Director of Planning and Development Services, or four Commissioners. In the event of a special called meeting, the Secretary shall notify each Commissioner. 4.2 Notice of Meetings. The agenda for all meetings, including Commission, committee or subcommittee meetings, shall be posted by the Secretary on the City's official bulletin board and notice of all meetings shall be given by the City Clerk pursuant to the requirements of the Texas Open Meetings Act, Chapter 551, Texas Government Code, as amended. 5. PRESIDING OFFICER AND DUTIES 5.1 Presiding Officer. The Chairman, or in the absence of the Chairman, the Vice Chairman, shall preside as chairman, or presiding officer at all meetings of the Commission. In the absence of both the Chairman and Vice-Chairman, and with a quorum being present, the Commission shall elect a temporary presiding officer. 5.2 Call to order. The Chairman shall call the meetings of the Commission to order, or in the Chairman's absence, the Vice-Chairman, and in the absence of both the Chairman and Vice Chairman; the Secretary shall call the meeting to order. 5.3 Preservation of order. The presiding officer shall preserve order and decorum, prevent insulting references to Commissioners, the impugning of other Commissioner's motives, and confine Commissioners' remarks to the question under discussion. The presiding officer shall call upon the Director of Planning and Development Services as necessary to enforce compliance with the rules contained herein. 5.4 Substitution for Chair. The Chairman may call upon the Vice Chairman, or if he or she is unavailable, then any other Commissioner to take his or her place, for a portion of a meeting, such substitution is not to continue beyond adjournment. Rules of Procedure Page 6 of 7 5.5 Points of Order. The presiding officer shall determine all points of order, subject to the right of any member to appeal to the Commission. If any appeal is taken, then questions shall be, "Shall the decision of the presiding officer be sustained?" If a majority of the Commissioners present vote "No," the ruling of the chair is overruled; otherwise, it is sustained. 5.6 Questions to be Stated. The presiding officer shall state all questions submitted for a vote and announce the result. A roll call shall be taken upon the request of any Commissioner. 5.7 Call for Recess. The presiding officer may call for a recess of up to fifteen minutes at regular intervals of approximately one hour at appropriate points in the meeting agenda, or if requested by any two Commissioners. 5.8 Votes. Commissioners shall clearly indicate their vote on each matter submitted to a vote. 6. ORDER OF BUSINESS 6.1 Agenda. The order of business of each meeting shall be as contained in the agenda prepared by the Director of Planning and Development Services. The agenda shall be a listing by topic of subjects to be considered by the Commission. This Section shall govern placement of items on the agenda. Conduct of business at meetings and committees and subcommittees will likewise be governed by an agenda and the rules of procedure contained herein. The agenda for each meeting of the Commission is determined as follows: (a) All items to be included on the agenda must be submitted to the Director of Planning and Development Services' Office, on or before 5:00 p.m. on the tenth day preceding the meeting. (b) Agenda items to be included on the agenda must be approved by (1) the Director of Planning and Development Services or(2) the Chairman or (3) two Commissioners. The agenda order set out is the desired order for conducting the business of the Planning and Zoning Commission in meetings. When the best interest of the Commission and the residents of the City require, any item appearing on the agenda shall be considered out of order as shall be determined by the presiding officer in his/her sole discretion. 6.2 The order for the agenda is as follows: Rules of Procedure Page 7 of 7 (a) Call to order. (b) Approval of minutes. (The minutes of the previous meeting(s) of the Commission shall be submitted to the Commission for approval or correction and approval.) (c) Public hearing. Any person desiring to address the Commission at a public hearing may do so by registering on the form provided in the hallway leading to the meeting room. Each citizen's remarks will be limited to three (3) minutes, unless the time is extended by a majority vote of the quorum present. (d) Business. Motions, reports, and discussion items shall be considered at this time. (e) Citizen Communications. Any person desiring to address the Commission regarding an item on the agenda may do so by registering on the form provided in the hallway leading to the meeting room. Each citizen's remarks will be limited to three (3) minutes, unless the time is extended by a majority vote of the quorum present. (I) Director of Planning and Development Services' report. The Director of Planning and Development Services will present reports of current problems and affairs of interest to the Commission. (g) Adjournment. 7. MAJORITY VOTE REQUIRED. An affirmative vote of the majority of the Commissioners present is necessary to adopt or approve any resolution or take any official action in the name of the Commission except as otherwise provided by state law. F:\Karen\files\Planning\P&Z Commission\RulesotProcedure4CapitallmprovementsAdvisoryCommitteeClean.doc