Loading...
38-904-Resolution Recorded 7/21/1981cce�pp: VOL JOWE 9104 CF RE S 0LU.T I ON �flJ o ID "M, � 6 BEFORE THE PLANNING COMMISSION OF THE COUNTY OF DESCHUTE s,h2iTE pq STATE OF OREGON S COUNT FRS, WfiEREAS, the County Planning Commission is required by County of Y C��k Deschutes Ordinance No. PL -1, to adopt rules for the transaction of business. NOW, THEREFORE BE IT RESOLVED that the Deschutes County Planning Commission, pursuant to the authority granted it, adopt the following rules for the conduct of its affairs. A. PLANNING COMMISSION MEETINGS. 1. Regular meetings of the County Planning Commission shall be held on the second and fourth Wednesdays of each month at 7:30 p.m., Courthouse Annex, provided, however, that whenever the Commission at a regular meeting sets a different time and place for its meeting, such meeting shall constitute a regular meeting for all purposes. 2. Special meetings may be ordered by the Chairman or by a majority vote of the members. Notification by telephone shall be given by the secretary at least 24 hours prior to the special meeting time. 3. Any regular or special meeting may be adjourned to a time and place specified in the order of adjournment. Less than a quorum may make an order for adjournment. 4. The order of business at regular Planning Commission meetings shall be: a. b. c. d. e. f. R Chairman calls meeting to order. Roll call. Approval of minutes Announcements. Agenda. Correspondence. Adjournment. of previous meeting, 5. Procedure: The rules of parliamentary practice as set forth in Robert's Rules of Order shall govern at all meetings of the Planning Commission except as otherwise provided herein. 6. A quorum for conducting the business of the Commission shall be a majority of the voting members. 7. Minutes: The minutes of the Commission shall be kept by the secretary or such other person as he may designate, with a record of each particular type of business trans- acted (variance, conditional use permit, etc.) set off - in paragraphs with propert subheads. A record shall be made of the names and addresses of persons addressing the min onn VOL 4MAGE the Commission, the title of such matter to which their remarks related, and reflect the general con- tent of the testimony given. The secretary shall keep a public record of the minutes, resolutions, transactions, findings and determinations of the Commission. 8. Distribution of the minutes: As soon as possible after each meeting, the secretary shall cause a copy of the minutes thereof to be forwarded to each member of the Planning Commission, Board of County Commissioners, Hearings Officer and appropriate advisory members. 9. Reading of the minutes: Unless the reading of the minutes of a meeting is requested by a member, such minutes may be approved without reading if each member has previously been furnished a copy thereof. B. ELECTIONS & APPOINTMENTS 1. The Planning Commission shall, at the first regular meeting each July, elect from among the appointed members a Chairman and Vice Chairman. Balloting for Vice Chairman shall follow election of the Chairman. In each case, the Commission members with the highest number of votes shall be declared elected. For purposes of rotating the Chairmanship, a Commissioner who has been elected for two successive terms is ineligible for a third successive term. 2. In case of the absence of, or the inability of the Chairman and the Vice Chairman to act, the members present at any meeting shall, by an order entered into the minutes, select one of the members as Chairman Pro Tem for that meeting. 3. The Director of Planning shall serve as Secretary of the Commission and shall fix the dates of public hearings and prepare the Planning Commission agenda.. C. DUTIES OF OFFICERS & MEMBERS 1. The Chairman, or in his absence, the Vice -Chairman, or in his absence, the Chairman Pro Tem, shall vote on all questions and shall be the presiding officer at all Planning Commission meetings. The presiding officer shall preserve order and decorum and shall decide questions of order. 2. Call to order: The Chairman shall take the chair at the time and place appointed for the meeting, and shall call the Commission to order. In the absence of the Chairman and the Vice -Chairman, the secretary of the Commission shall call the Commission to order, whereupon a temporary chairman shall be elected by the members present. Upon .the arrival of the Chairman or the Vice -Chairman, the temporary chairman shall relinquish the chair at the conclusion of the business then before the Commission. -2- Wn VOL vOPAGE MAY 3. All Planning Commission members wishing to make a statement or ask a question shall first gain recognition by the Chairman. 4. The Chairman shall facilitate the business of the Commission. He may limit the amount of time which a Person may use in addressing the Planning Commission. 5. The Chairman shall appoint and discharge all committees. 6. With the approval of the Commission, the Chairman may suspend or vary the regular order of business. 7. Members of the Planning Commission shall absent themselves from that part of the meeting whenever items are being considered wherein there is a conflict of interest. Such action may be taken voluntarily by a member. The conflict of interest may otherwise be determined only by a majority vote of all the Commission members present upon motion duly seconded. Before such a motion may be heard, an allegation of the conflict of interest must be stated and the member allegedly subject to the conflict of interest must be heard. 8. The Chairman shall sign documents as may be required and shall perform all other duties necessary or incidental to his office. 9. The Secretary shall maintain minutes of the Commission meetings and shall record the official actions of the Planning Commission as required by law. He shall be respo;zsible to certify all official documents and resolutions of the Commission. He shall examine all incoming mail for proper referral and answer corres- pondence for the Commission. He shall maintain records of operations and perform such other duties as may be assigned by the Planning Commission. 10. The Planning Director shall be the administrative head of the Department of Planning. He shall furnish professional and technical advice to the Commission and shall assist the Commission in the discharge of its responsibilities. 11. All questions of law shall be referred in writing by the Secretary to the Deschutes County's County Counsel. All contracts and ordinances shall be referred to the County Counsel. D. GENERAL RULES OF PROCEDURE 1. All Planning Commission meetings shall be open to the public as provided by law. 2. Except as provided in D.3. herein, requests for appearance before the Commission for non-scheduled items shall be made with the Planning Director at the Planning Department office at least one week prior to a Planning Commission -3- VOL SAGE 907 meeting. Such requests shall be made in writing or on forms provided and shall state the nature of the business to be considered. 3. Any urgent matters may be considered by the Planning Commission upon request of any member of the Commission or upon request of the Planning Director. In the interest of facilitating the Planning Commission meeting, a member of the Planning Commission requesting consideration of an urgent matter should notify the Secretary at the earliest time practical. 4. Scheduled agenda items shall take precedence over urgent matters and non-scheduled items, however, the Chairman may allow consideration of an urgent matter at such time he deems appropriate. 5. Any of the rules and procedures specified herein and which otherwise are not required by law may be suspended, changed or modified by resolution of the Planning Commission by a majority vote of the Commission. INTRODUCTION The procedure outlined below (1-6) shall be read aloud at the start of each hearing so that all parties in attendance may hear. 1. I hereby call to order the (month/day) , (year) hearing of the Deschutes County Planning Commission or Hearings Officer)-. 2. The Commissioners present at this hearing are,, on my left , on my right , and I am the Commission Chairperson Mr. Mrs./ Ms. (or Hearings Officer duly introduces himself/hers-e-11-f7T. 3. This is an open public hearing, and it will be tape- recorded by the County, and in some instances, by re- presentatives of the public media. 4. During the hearing, an effort will be made to give all interested parties an opportunity to be heard, 5. All parties wishing to be heard on an issue are required to raise their hand and be recognized by the Chairperson prior to speaking. 6. Speakers will all be expected to state their name and address for the record, so that we may know who is speaking, and be able to contact them at a later date if necessary.* "Commission members may request that persons testifying state whether or not they have an economic interest in the application being considered by the hearing body. CLM • VOL 38PAGE 908 ORDINANCE PL -9 SUMMARY The format which the hearing body will follow when hearing each a lication will be the same as is outlined in Deschutes County's Ordinance PL -9, Section 11.000„ which refers to eleven specificsteps that must be followed; 1. Explanation of the purpose of the hearing and a brief statement ot the applicant must prove to have the request granted. 2. Call for Challenges and Abstentions of right to hear case. 3. Statement(s) of capacity to hear. 4. Staff report shall be presented. 5. Questions to staff shall be permitted from any party. 6. Applicant's case shall be presented as follows: (a) Presentation by applicant or his attorney or agent. (b) Parties in favor of the applicant's request shall be heard, 7. Cross-examination of the applicant by opponents shall e permitted. 8. 0 onent's case may be presented, in the following order: (a) Neighborhood organizations. (b) Persons entitled to written notice by mail. (c) Persons not entitled to notice. 9. Cross-examination of opponents shall be permitted. 10. Public agencies affected by the request shall be allowed an opportunity to present evidence. 11. Close of hearing and deliberation. The hearing body shall either make its decision and state the findings of fact or continue deliberation to a subsequent date, the time and date of which shall be announced. No additional testimony or evidence shall be taken after closing of the hearing. PL -9, Section 11.040 Voting. All motions, orders and actions of the Planning Commission shall require passage by a majority of the members of the Planning Commission present and voting. In no case, however, shall any measure, action, order or motion carry or be adopted by a vote of less than four members of the Planning Commission voting in favor thereof. Five members of the Commission shall constitute a quorum. -5- VOL 38PAGE 909 F. MISCELLANEOUS RULES FOR PUBLIC HEARINGS. 1. Addressing the Commission: All questions and comments shall be directed through the Chairman, giving their name and address. Whenever any group or persons wish to address the Commission on the same subject matter, the Chairman shall have the right to request that a spokesman be chosen to represent the group so as to avoid unnecessary repetition. No person other than a Commissioner shall be permitted to enter into any discussion without the permission of the Chairman. 2. Hearsay testimony shall not be admitted as evidence. Findings of the Commission shall not be based on unsupported hearsay evidence alone. The Chairman shall rule on the admissability of all evidence upon any objection make to the filing thereof - such rulings shall be referred to the Commission for review and determination. 3. Oral or documentary testimony not received in an open hearing shall be disregarded. 4. Findings of fact shall be relied upon in making a motion. 5. As provided by Oregon Revised Statutes, the Commission and/or staff shall be permitted to enter upon any property, which is the subject of an application, in order to make a proper filed review of the site. However, discussion in the form of a commitment on a matter, prior to the hearing, in the company of either an applicant or his representative or an opponent without the company of the other Commissioners or staff shall be prohibited. (This assures object- ivity and fair treatment.) The need for a field review by the majority of the Commission shall be valid reason to postpone a deci- sion. , a VOL JOPAGE 910 G. COMMISSION DIRECTIVES The Commission shall, from time to time, by directives issued by it, establish procedures for the processing of the business of the Commission. Such directives shall be binding upon the staff of the Commission and all persons having business before the Commission. (Directives may cover the handling of correspondence, attendance at other public meetings, the operation of committees of the Commission, and a variety of other matters relating to the business of the Commission.) Adopted as amended, this day of FqbyLkn,y(j 1981 DESCHUTES COUNTY PLANNING COMMISSION h�'( Ric auen u airman :ss