The Palmer Post

Palmer’s Zoning Board of Adjustment: The Vote That Did Not Pass by Joey G. Dauben
November 17, 2010, 3:45 pm
Filed under: Palmer ISD

The Zoning Board of Adjustments in the town of Palmer was abolished several years ago and in its absence, the Palmer City Council took over ZBA duties. The ZBA grants variances to city ordinances, among other things. The Palmer Independent School District requested a variance from the city’s 80 percent masonry requirement on metal buildings for a new building near the elementary campus. The vote failed, and here is why:

  • The Texas Local Government Code requires a vote of 75 percent to pass matters related to ordinances;
  • Councilmen (acting as ZBA commissioners) Jeff Vick & Chris Ivie recused themselves due to conflict-of-interest (though in the YouTube video, I brought up the Ethics Commission form they are required to file—separate issue altogether);
  • Therefore, this left Jeff Greenlee, Lance Anglin and Dianne Drewery as the only votes left. State law requires 75 percent. Of the six council/ZBA members (one absence: Kenneth Bateman) present, with two recusals, the 75 percent vote requirement was not met.

The ZBA vote/debate begins at 4:07:


As has been done in past meetings, not only are conflict-of-interest forms filed, but the person(s) recusing themselves actually have to physically remove themselves from the meeting during the time a vote is to take place on the matter they recused themselves from.



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