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HomeMy WebLinkAboutResolution 2021-142 Review and approval of the Amended Bylaws of the Town of Marana Utilities Board MARANA RESOLUTION NO. 2021-142 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; REVIEW AND APPROVAL OF THE AMENDED BYLAWS OF THE TOWN OF MARANA UTILITIES BOARD WHEREAS pursuant to Section 16-1-3(A)(3) of the Marana Town Code, the Town of Marana Utilities Board may"amend bylaws of the board,which shall be effective upon review and approval by the council"; and WHEREAS at the September 15, 2021 Utilities Board meeting, the Utilities Board unanimously recommended that the Marana Town Council review and approve amended bylaws of the Utilities Board; and WHEREAS the Mayor and Council find that approving amended bylaws of the Utilities Board is in the best interest of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the amended bylaws, in substantially the form attached to and incorporated by this reference in this resolution as Exhibit A,are hereby approved, replacing, in their entirety, the current bylaws of the Utilities Board. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of November, 2021. ' .... ,} ,,,,,,,( Mayor Ed Honea ATTE, APPROVED AS O FOR : , 1,7 _de Cherry L. ' aw on, Town Clerk 1 FairaI, Town Attorney i; G I6,,.GS MARANA AZ ..SQA:}; :,k ., Resolution No.2021-142 EXHIBIT A TO MARANA RESOLUTION NO.2021-142 BYLAWS OF THE TOWN OF MARANA UTILITIES BOARD Adopted April 2009 Amended November 3,2021 I. POLICY The Town of Marana Utilities Board was formed by the approval and adoption of Ordinance No. 2005.20 by the Marana Town Council on September 20,2005,to provide a consistent and inviting community forum for the public to hear about and give comments on the management and operation of Town-owned and operated utilities, including water, wastewater,street lights,electric and other authorized utility functions. II. UTILITIES BOARD DESCRIPTION A. The Utilities Board adopts policies for the operation and maintenance of the Town's utilities. B. The Utilities Board acts in an advisory capacity to the Town Council concerning utility rates,Water Department budget,utility capital projects andother utility related functions. C. The Utilities Board undertakes such other functions as requested by the Town Council, the Town Manager or the Water Director. III. MEMBERSHIP A. The membership of the Utilities Board shall consist of the Town Water Director,or a Water Department employee designated by the Water Director, three Council-appointed members who are either Town residents or utility customers of the Town, two Town employees appointed by the Town Manager and the Town Finance Director or a Finance Department employee designated by the Finance Director.The Town Council shall choose the Chair of the Utilities Board from among its membership. B. If a Utilities Board vacancy occurs because of death,resignation or otherwise,the vacancy shall be filled by the Mayor and Council to serve the unexpired term of the Board member replaced.Notwithstanding the foregoing,if a Board member position consisting of a Town employee appointed by the Town Manager becomes vacant,the vacancy shall be filled by the Town Manager appointing another Town employee to serve the unexpired term of the Board member replaced. C. If a Board member is not in attendance for three or more consecutive regularly scheduled meetings or from more than one-half of the meetings in a calendar year,the Water Director shall notify the Town Council,who may remove the non-participating Board member. D. A Utilities Board member may not concurrently serve on any other Town of Marana citizen's advisory commission or board. IV. OFFICERS A. The Town Council shall select the Chair of the Utilities Board from among the seven Utilities Board members, and shall have the right at any time to choose a different Chair 00077136.DOCX/1 1 EXHIBIT A TO MARANA RESOLUTION No.2021-142 from among the Utilities Board members. B. The Utilities Board shall select a Vice Chair during its first regularly scheduled meeting of each calendar year. Selection shall be made by a majority vote of the Utilities Board members present,and the selected Vice Chair will assume office immediately. C. The Vice Chair may be removed as an officer by the Utilities Board whenever, in the judgment of a majority of the Utilities Board members, the best interests of the Board would be served thereby. D. The Utilities Board may,by a majority vote of all Utilities Board members,recommend to the Town Council that the Utilities Board Chair be removed. E. Any vacancy in the office of Vice Chair will be filled by a majority vote of the Utilities Board members at the next meeting of the Board following the occurrence of the vacancy. The person selected to fill the vacancy will serve the remainder of the vacancy term. V. RESPONSIBILITIES OF THE CHAIR A. The Chair shall preside at all meetings of the Board. In the event of the absence of the Chair,the Vice Chair shall preside.In the absence of the Chair or Vice Chair,the attending Board members shall appoint an acting chair. B. The Chair shall appoint and remove all members to any sub committees of theBoard. C. The Chair shall preserve order and decide all points of order. D. The Chair shall assist the clerical support staff in drafting and sign any recommendation letters and actions taken by the Board.In the absence of the Chair,any other Utilities Board member may sign on behalf of the Board. E. The Chair shall coordinate and approve the final format of the agenda no later than one week prior to the meeting. F. The Chair may schedule an annual report to be presented to the Council. VI. RESPONSIBILITIES OF THE VICE CHAIR In the event of the absence of the Chair, the Vice Chair shall preside at all meetings of the Board and shall undertake all responsibilities of the Chair that cannot reasonably or prudently be held in abeyance until the Chair's return. VII. RESPONSIBILITIES OF MEMBERS A. Utilities Board members are responsible to attend regular and special Board meetings. B. No Board member shall leave any regular or special board meeting during such meeting without permission of the Chair,which permission shall not be unreasonably withheld. C. The Board members shall familiarize themselves with and strictly follow the Arizona Open Meeting Law, including notice of meetings, taking of minutes, issues to be discussed and the other specifics of the law. 00077136.DOCX/1 2 EXHIBIT A TO MARANA RESOLUTION NO.2021-142 D. The Board is authorized to call executive sessions, closed to the general public, during any regular or special meeting,if the executive session is properly noticed and authorized by A.R.S. §38-431.03. VIII.SUB-COMMITTEES A. All sub-committees of the Board shall consist of at least three members. B. All sub-committees shall select a sub-committee chair from among the members of such sub-committee,at the first meeting of the sub-committee. C. The sub-committee chair shall preserve order and decide all points of order for meetings of the sub-committee. D. The sub-committee chair shall set the date,time and place of the first and all subsequent sub-committee meetings. E. The sub-committee chair shall bring all actions and recommendations to the Board. No sub-committee shall be authorized to directly present information to the Town Council, or take other action,unless it is approved by the Board. IX. RESPONSIBILITIES OF THE STAFF LIAISON The Staff Liaison is an ex-officio, non-voting member of the Board and is designated by the Chair.The Staff Liaison: A. Assists in the creation of the agenda and reviews the draft agenda for accuracy. B. Attends scheduled board meetings and takes summary minutes. C. Prepares updates and arranges for other Town staff to attend Board meetings when necessary. D. Prepares responses to inquiries made during public comment. E. Prepares responses of requests from Utilities Board members. F. Arranges for meetings that may have a large turnout(new location,chairs,tables, audio equipment,refreshments,etc.). G. Brings Utilities Board materials such as member name-cards, maps and other regularly used materials to each meeting. H. Sends a copy of approved minutes,signed by the Chair,to the Town Clerk's office. I. Oversees,as assigned by the Chair,maintenance of the Board mailing list. J. Oversees, as assigned by the Chair, maintenance records of Board agendas, approved minutes and correspondence. K. Refers all public requests for copies of approved minutes or Board correspondence to the 00077136.DOCX/1 3 EXHIBIT A TO MARANA RESOLUTION NO.2021-142 Town Clerk's office. X. MEETINGS OF MEMBERSHIP A. The Utilities Board shall hold regular meetings at least twice each calendar year for transaction of business as may come before the Board. The meetings of the Board members will be held at times and at locations designated by the Chair. B. The Chair may convene the Board at any time by notifying the members of the date, hour and purpose of such special meeting. The Board members shall be given at least 24 hours' notice of such special meeting by personal notice and by the posting of the notice and agenda on the Town's official postingsites. C. The Chair is responsible for assuring that a written agenda that meets the requirements of the Arizona Open Meeting Law is prepared for all Board meetings.The Staff Liaison may assist in this process.Board members may contact the Chair to request that items be placed on the agenda,and shall attempt to do so at least seven working days prior to the meeting date. All agendas shall be provided to the clerical support staff, who shall assure all agendas are properly posted as required by the Arizona Open Meeting Law. D. Any and all sub-committees may be placed on the agenda for a report on the status of work in progress for that sub-committee. E. Business matters of the regular meeting will be considered as far as practicable in the following order: 1. Call to Order 2. Introduction of Board Members 3. Approval of Agenda 4. Approval of Minutes 5. Action Items 6. Sub-Committee Reports(Optional) 7. Community Reports(Optional) 8. Call to the Public 9. Future Agenda Items 10. Adjournment XI. PROCEDURE A. At all meetings of the Utilities Board,the Chair shall call the Board to order and a record of the members present and absent will be taken. The Chair may call each matter of business in the order listed on the agenda. 00077136.DOCX/1 4 EXHIBIT A TO MARANA RESOLUTION No.2021-142 B. The Chair shall conduct meetings using parliamentary procedure as recommended by the Arizona League of Cities and Towns,unless such rules are suspended by a majority vote of the Board. C. A member who desires to speak or make a motion shall address himself or herself to "Mr. or MadamChair," and may address the Board upon being recognized by the Chair. D. When more than one member addresses the Chair and wishes to speak, the Chair will recognize the person who first addressed the Chair. E. Nomember shall•interrupt another,except to call to order or to correct a mistake. F. At any Utilities Board meeting,four members shall constitute a quorum.If a quorum is not present 30 minutes after the scheduled meeting time, the Board may choose to meet informally for discussion purposes, all action will be postponed and agenda items placed on the next special or regular Board meeting. G. A majority of affirmative votes of the quorum present shall be necessary to pass any action of the Board, except where these bylaws or applicable laws or rules require approval by more than a majority of thequorum. H. A Boardmember who has a conflict of interest shall disqualify him or herself and shall not vote on or participate in the discussion of the item,as required by the Arizona Conflict of Interest law(A.R.S. §38-501 et.seq.). I. The Chair may vote or decline to vote on all matters.The Chair's failure to vote shall not be counted as an affirmative or negative vote. The Chair shall break all ties. J. Motions may be determined by voice vote or at the request of a Board member by roll call vote. The Chair shall declare all votes. If any member doubts the Chair's declaration of a voice vote,a roll call shall be ordered.When a roll call vote is commenced,no member shall engage in discussion of the question being voted upon. XII. PARTICIPATION BY THE PUBLIC A. Members of the public wishing to speak at Board meetings will be allowed to speak during public portions of the meeting,as well as during Call to the Public.The Chair may limit the length of public comment to three minutes at any time. B. No person in the audience shall be permitted to speak unless recognized by the Chair. The Chair may permit persons to speak on any agenda item. C. Each member of the public who is permitted to speak shall proceed without interruption from the audience and shall retire when his or her time is up. D. All discussion shall be addressed to the Board and there should be no argument or discussion between individuals not on the Board. E. The members of the Board may ask questions and make appropriate comments at any time,subject to reasonable limitations imposed by the Chair for the orderly conduct of the meeting. 00077136.DOCX/1 5 EXHIBIT A TO MARANA RESOLUTION NO.2021-142 F. Citizens attending meetings shall observe rules of propriety,decorum and good conduct. Any person making personal, impertinent or slanderous remarks, or who becomes boisterous while addressing the Utilities Board,may be removed from the meeting room if directed by the Chair. Unauthorized remarks from the audience, whether verbal or otherwise, shall not be permitted, and the Chair may expel offenders from the meeting room. XIII. AMENDMENTS These bylaws may be altered,amended or repealed and new bylaws adopted by concurrence of four Board members at any meeting or special meeting when the proposed amendment has been set out in the notice of such meeting. Any alterations, amendments or replacements of these bylaws shall be effective upon review and approval by the Town Council. Any such amendment shall not affect any other portion of these bylaws. XIV. SEVERABILITY If any portion of these bylaws is found by any court of competent jurisdiction to be invalid, illegal or unenforceable, that portion shall be deemed severed from these bylaws, and the remaining parts of these bylaws shall remain in full force and effect as fully as though such invalid,illegal or unenforceable portion had never been part of these bylaws. Executed at Marana,Arizona,this day of ,2021. TOWN OF MARANA UTILITIES BOARD ATTEST: Chair Town Clerk 00077136.DOCX/1 6