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HomeMy WebLinkAboutResolution 95-035 adopting procedures for conducting planning commission meetingsRESOLUTION NO. 95-35 A RESOLUTION OF THE MAYOR AND COUNCIL OF TIKE TOWN OF MARANA, ARIZONA, ADOPTING PROCEDURAL GUIDELINES FOR THE CONDUCTING OF PLANNING & ZONING COMIVffSSION MEETINGS. WHEREAS, the Town Council formed a subcommittee which was given the task of formulating and recommending to the Town Council, procedures to be used in the conduct of Planning & Zoning Commission Meetings, in order to provide a uniform procedure for the conduct of such meetings; and WHEREAS, this subcommittee has met in numerous meetings, noticed and conducted pursuant to the Arizona open meeting laws, and has formulated recommended "Planning & Zoning Commission Policies & Procedures"; and WHEREAS, the Town Council of the Town of Marsha has reviewed the proposed Policies & Procedures, and has determined that the adoption of the proposed Policies & Procedures is in the best interests of the Town of Mamaa, Arizona. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Planning & Zoning Commission Policies & Procedures for the Town of Marana, attached hereto as Exhibit A and incorporated herein by this reference, are hereby adopted by the Town of Marana, Arizona. PASSED AND ADOFrED by the Mayor and Council of the Town of Marsha, Arizona, this 18th day of July, 1995. Mayor ED HONEA ~j~-Groseelose ^s ~Daniel J. Hochuli Town Attorney Re, solution No. 95-35 Page 1 of 1 TABLE OF CONTENTS SECTION i. - mm OSE .................................. SECTION II. 1. 2. Notice of Meetings ................................... 3. Minutes and Recording of Meetings ........................ 4. Field Trips ....................................... General Purpose ............................... '~i - PUBLIC MEETINGS ............................ ~. Public Meetings .................................... SECTION III. 1. 2. 3. 4. 5. 6. - AGENDAS ...................................... 2 Agenda Preparation .................................. 2 ' Placing Items on Agendas .............................. 2 Commission Packet Materials ............................ 2 Agenda Sequence .................................... 2 Consent Agenda .................................... 2 Order of Business ................................... 2 SECTION IV. - DUTIES AT MEETINGS ............................. 2 1. Presiding Officer of Meetings ............................ 3 2. Duties of Chairman .................................. 3 3. Duties of Clerk ..................................... 3 4. Sergeant-At-Arms ................................... 3 SECTION V. 1. 2. 3. 4. 5. 6. 7. 8. 9. - PROCEDURES FOR MEETINGS ........................ 3 Call to Order ...................................... 3 Pledge of Allegiance .................................. 3 Invocation/Moment of Silence ............................ 3 Roll Call ......................................... 3 Approval of Agenda .................................. 4 Approval of Minutes .................................. 4 Call to the Public ................................... 4 Order of Business ................................... 4 Planning Administrator's Report .......................... 4 SECTION VI. - EXECUTIVE SESSIONS ............................. 4 1. Placement on Agenda ................................. 4 2. Attendees at Executive Sessions ........................... 5 3. Minutes of Executive Sessions ............................ 5 Adopted July 18, 1995, Resolmkm No. 95.35 i SECTION VII. - PUBLIC HEARING PROCEDURE ...................... 5 i. Agenda Procedure for Public Hearing ....................... 5 a. Calling Agenda Item ............................. 5 b. Vote to go into Public Heating ....................... 5 e. Pro[ onent Presentation ............................ 5 d. Staff Reports .................................. 5 e. Written Comments .............................. 5 f. Public Comments ............................... 5 g. Commission Discussion ........................... 5 h. Proponent Closing Statement ........................ 6 i. Declaration of end of Public Hearing ................... 6 j. Commission Discussion and Vote ..................... 6 SECTION VIII. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. - DISCUSSION AND VOTING PROCEDURE ................ 6 Quorum Necessary ................................... 6 Conflicts of Interest .................................. 6 Getting the Flocr .................................... 6 Interruptions ...................................... 6 Decorum By Commissioners ............................. 6 Public Input ....................................... 7 Decorum By All Perruns ............................... 7 Making and Seconding a Motion .......................... 7 Reading of Motion for Discussion ......................... 7 Voluntary Amendment to a Motion ......................... 7 Involuntary Amendment to a Motion ........................ 7 VoluntaTy Withdrawal of a Motion ......................... 8 Calling the Question .................................. g Taking the Vote .................................... 8 Announcing the Result of the Vote ......................... 8 Tie Votes ........................................ 8 Adopted luly 18, 1995, Resolution No. 95.35 PLANNING & ZONING COMMISSION POLICIES & PROCEDURES TOWN OF MARANA, ARIZONA SECTION I. - PURPOSE General Purpose: In order to perform its duties in the best possible manner, the Mararia Town Council formulates these Policies & Procedures for use by the Planning & Zoning Commission. It is intended that these Policies & Procedures shall set standards and usual procedures for the conducting of public meetings of the Commission. These Policies & Procedures shall be in effect for all Planning & Zoning Commission meetings until modified or suspended by majority vote of the Town Council. SECTION II. - PUBLIC MEETINGS Public Meetings: All meetings of the Commission shall be public meetings and shall be conducted in accordance with A.R.S. §38-431 et seq. (the "open meeting law") and all other federal, state and local laws. The Planning & Zoning Commission shall hold regular meetings at 6:30 p.m. on the last Wednesday of each month although the actual dates of the meetings may be changed from time to time. Study sessions and special meetings of the Commission shall be held at the call of the Chairman or the call of three or more Commissioners. Study sessions shall not be as formally conducted as Commission Meetings, although they shall follow the laws and shall generally follow these Policies & Procedures. Notice of Meetings: Notice of each meeting shall be distributed at least twenty-four hours in advance to each Commissioner (if possible), and posted in at least three places as provided by law. In the case of an emergency as defined by the open meeting law, notice shall be as soon as is reasonable under the circumstances. Notice in this paragraph is intended to mean a complete agenda of the meeting, including the kind of meeting, location, date and time of the meeting. Notice to Commissioners of all non- regular meetings shall be by any and all means possible to assure that the best possible efforts were made to contact each Commissioner. Minutes and Recordinc of Meetings: Written minutes shall be taken of ea.ch Commission Meeting, and if recording equipment is available, each Commission Meeting shall also be tape recorded. These provisions shall not apply to executive sessions, which are governed elsewhere in these Policies & Procedures. Field Trips: The Commission may take field trips to view property or for other purposes relevant to a public hearing or other matter under consideration. Commission field trips Adopted July 18, 1995, Resolution No. 95.35 1 may be taken as part of a regular or special meeting, shall follow all requirements of the open meeting laws, and all interested persons shall be afforded the opportunity to be present to view the property and hear any reports or comments. A record of the field trips shall be entered into the minutes, so that the record shall indicate that the field trip was taken into consideration as evidence. SECTION IH. - AGENDAS A~enda Preparation: Agendas for Planning & Zoning Commission Meetings developed by the Chairman and shall be prepared by the Planning Administrator. Placing Items on Agendas: Commission members may contact the Planning Administrator and/or the Chairman to have items placed on the agenda. The deadline for an agenda item is 5:00 p.m. on the Thursday preceding the meeting for which the agenda is prepared. Commission Packet Materials: All reports, plans, communications, resolutions, contract documents, and other documents to be included in the "Commission packet" shall be submitted to the Planning Administrator by 5:00 p.m. on the Thursday preceding the meeting for which the agenda is prepared. Commission packets will be ready for the Commissioners on the Friday prior to the Commission Meeting. These deadlines may be waived for any particular item by the Chairman or Planning Administrator only if it is determined that it is impossible to meet the deadline. Agenda Sequence: The agenda format attached hereto (Exhibit "A") will pertain to all regular and special Planning & Zoning Commission Meetings and study sessions. Although it is expected that this exact format will be used for regular and special Commission Meetings, for study sessions and other meetings a relaxed format may be used which excludes many of the unnecessary items. Consent Agenda: A consent agenda will contain agenda items requiring action by the Commission which are generally routine items, not believed to be controversial, not requiring Commission discussion, or issues which were already discussed or heard at public hearing for which final adoption by resolution is needed. A single motion and affirmative vote "to approve the consent agenda" will approve all items in the consent agenda, including any resolutions included in the consent agenda. Prior to a motion to pass the consent agenda, and upon the request of any Commissioner, any item on the consent agenda can be removed from the consent agenda, and said item(s) shall be considered immediately following the consent agenda. In the event the consent agenda is not passed by an affirmative vote, the Commission may discuss and vote upon each item listed on the consent agenda immediately thereafter. Order of Business: In formulating the agenda, items for which there is attendance of speakers, presenters or members of the public, shall be placed higher on the agenda in order to allow those individuals to leave after the item is completed. SECTION IV. - DUTIES AT MEETINGS Adopted July 18. 1995, Re,'a, lution No. 95.35 2 Presiding Officer of Meetings: The Chairman shall be the presiding officer of the Commission. In the event of the absence of the Chairman, the Vice-Chairman shall be the presiding officer until the return of the Chairman. In the event of the absence of both the Chairman and the Vice-Chairman, the Clerk shall call the meeting to order and a temporary presiding officer shall be elected by a majority of those Commissioners present, and that person shall serve until the return of the Chairman or the Vice- Chairman. Upon the return of the Chairman or the Vice-Chairman, the temporary presiding officer shall relinquish the chair when the business immediately before the Commission is completed. The word "Chairman" as used in these Policies & Procedures shall mean the presiding officer of the meeting as set forth in this paragraph. Duties of Chairman: The Chairman shall call the meeting to order, and lead or designate the leading of the Pledge of Allegiance and Invocation/Moment of Silence. The Chairman shall preserve strict order and decorum at all regular and special meetings of the Commission. The Chairman may move, second and debate from the chair, subject only to such limitations of debate as are imposed on all members. The Chairman shall not be deprived of any of the rights and privileges of a Commissioner. Duties of Clerk: The Clerk shall take the Roll Call. The Clerk shall announce each agenda item, reading into the record the item as listed on the Agenda, sufficiently to advise the Commission and public as to what business is about to be considered by the Commission. The Clerk shall also read motions into the record as set forth in these Policies & Procedures and perform other duties as set forth in these Policies & Procedures or as directed by the Chairman. Sergeant-At-Arms: The Chairman may appoint a Sergeant-at-arms at the Commission meetings, who shall carry out all orders and instructions given by the Chairman for the purpose of maintaining order and decorum at the Commission meeting. Upon insauctions of the Chairman, it shall be the duty of the Sergeant-at-arms to remove any person who violates the order and decorum of the meeting, as set forth hereinafter. SECTION V. - PROCEDURES FOR MEETINGS 1. Call to Order: The Chairman shall call the meeting to order. 2. Pledge of Allegiance: The Chairman or his/her designee shall lead the Pledge. Invocation/Moment of Silence: The Chairman or his/her designee shall lead the invocation/moment of silence. R011 Call: Roll shall be called by the Clerk. Any absence which has been explained to the Chairman or Planning Administrator in advance shall constitute an "excused absence", and any absence which has not been explained in advance shall be an "unexcused absence". At the time of taking roll, the Chairman shall place into the record whether a Commissioner's absence is "excused" or "unexcused". If a Adopted luly 18, 1995, R¢.'mlution No. 95.35 3 Commission member is absent for three consecutive regular meetings, a recommendation may be made to the Town Council that the non-participating member be removed. Approval of Agenda: The Commission shall vote to approve the agenda as written, or shall modify the agenda by moving items or deleting items, and shall approve the modified agenda. The Commission may, by majority vote, delete agenda items or consider items out of sequence from the printed agenda, so long as public notice is adhered to. Once an item is discussed at a meeting and the Commission has gone on to another agenda item, the item considered cannot be again considered at that same meeting, unless it can be determined that all persons who were present when the item was first considered are still present. The purpose of this rule is to confirm that if the public leaves a meeting thinking that their item has been considered and concluded, that item is not again considered at the same meeting. Approval of Minutes: The Clerk shall present minutes to the Commission for approval. Commissioners who were not present at a previous meeting may abstain from the vote approving those minutes. The Commission may approve multiple minutes by one vote, and if one or more Commissioner expressed a desire to abstain from the vote on one set of minutes, the motion shall be to approve the minutes "except as noted by Commissioner(s) " Call to the Public: Persons wishing to address the Commission on an item not already on the agenda may do so, although each speaker is limited to three minutes. The Chairman or Commission may limit the total time offered speakers, if necessary. All such remarks shall be addressed to the Commission as a whole, and not to any specific member. No person other than the speaker shall enter into the discussion without the permission of the Chairman. The Commission may not address, discuss or vote upon any petition or comment raised by the public at that meeting, but it may be placed on a future agenda. Order of Business: The Clerk, if directed by the Chairman, shall announce each order of business, and the Chairman shall then ask the Commission its pleasure on the item. A motion need not be made in order for an item to be discussed. Unless the Commission determines that no report is necessary, staff shall have an opportunity to report on the issue and will respond to Commission questions. At any time that the agenda item is before the Commission, a motion may be made as provided in these Policies & Procedures. Planning Administrator's Report: The Planning Administrator's report may be in writing or oral. Any Commissioner may ask the Planning Administrator about a particular item in his/her report, but a general discussion of any item mentioned in his/her report may not be held unless that item is properly placed on the agenda. SECTION VI. - EXECUTIVE SESSIONS Placement on Aeenda: Executive sessions may be placed on an agenda under the same circumstances as any other agenda item, however approval of the Town Attorney of all Adopted July 18, 1995, Re~lution No. 95.35 4 executive sessions shall be required to assure compliance with the open meeting laws. Executive sessions may only be placed on the agenda if the issue is allowed to be considered in an executive session pursuant to A.R.S. §38-431.03. Attendees at Executive Sessions: Under normal circumstances, executive sessions shall be attended by the Chairman and Commissioners, Planning Administrator, and Town Attorney. A majority of the Commission may vote to have other individuals attend the executive session. Minutes of Executive Sessions: Executive sessions are not to be tape recorded, but an individual appointed by the Chairman shall take written minutes of executive sessions to document the nature and extent of the discussions. All minutes of executive sessions shall be sealed and retained by the Town Attorney. Only those individuals who were present at a particular executive session may review the minutes of that session. SECTION VII. - PUBLIC HEARING PROCEDURE Agenda Procedure for Public Hearing: A public hearing may be placed on the agenda under the same agenda item as the discussion and action of the Commission. The normal procedure for public hearings shall be as set forth hereafter. Public Hearings shall be limited to one (1) hour unless extended by an affirmative vote of two-thirds (2/3) of the Commission members present. Calling Agenda Item: The agenda item shall be called by the Clerk as any other agenda item. Vote to go into Public Heating: The Chairman shall declare that the Commission is in public hearing. Proponent Presentation: The proponent may make an opening statement in order to explain the item to the Commission and public. The Chairman or Commission may limit the time for this statement as necessary. Staff Reports: Staff shall have an opportunity to report on the issue and answer questions by the Commission. Written Comments: Written communications filed with the Town or staff shall be presented to the Commission or read into the record. Public Comments: Testimony from members of the public shall be permitted. Members of the public shall be limited to five minutes per person, or less as designated by the Chairman or Commission. The total time allotted to the public on any issue may be limited by the Commission or Commissioners, but in no event will the public testimony be limited to less than one hour. Commission Discussion: Discussion by Commissioners may be held at this time, or reserved until the Commission has come out of public hearing. Adopted luly 18, 1995, Resolution No. 95.35 5 Proponent Closing Statement: The pwponent shall be allowed a brief closing statement in order to rebut the statements made by the public, to offer a compromise, or to otherwise address the issue. Declaration of end of Public Hearing: Unless a majority of the Commissioners object, the Chairman shall declare the public heating as ended. Commission Discussion and Vote: The agenda item will then be discussed and action taken as on any other agenda item. SECTION VIII. - DISCUSSION AND VOTING PROCEDURE Ouorum Necessary: It will be necessary for a quorum to be present in order for the Commission to consider or act upon any business. A quorum shall consist of a majority of the members of the Commission. In the event a quorum is not present, the meeting shall be called to order, and the only motion that can be made, considered and passed is a motion for adjournment. If the meeting for which no quorum is present had a public hearing scheduled, and members of the public wish to be heard at that time rather than return for the next meeting date, the Commissioners present shall hear any member of the public wishing to comment on the issue. It shall then be announced that the public hearing will be continued to a later date, and that date shall be announced. A detailed record of those persons speaking at the public hearing when a quorum was not present shall be kept and shall be reviewed by any member proposing to vote on the matter who was not present when such comments were made. o Conflicts of Interest: Each Commissioner has a responsibility for compliance with A.R.S. {}38-501 et seq. concerning conflicts of interest. Any member of the Commission who believes he or she has a conflict of interest, shall, immediately upon determining that a conflict exists, declare the conflict of interest and explain the basis for the conflict. That Commissioner shall then leave the room and shall refrain from taking any part in the meeting, discussion, consideration or determination of that issue. If that issue is not resolved at that meeting, that Commissioner shall not discuss the matter with any other Commissioner until the mater is finally resolved. The member who declared the conflict may return to his/her seat when that agenda item is completed. Getting the Floor: Every Commissioner desiring to speak shall address the Chairman, and upon recognition by the Chairman, shall confine himself/herself to the question under debate, avoiding all personalities and indecorous language. Interruptions: A Commissioner, once recognized, shall not be interrupted when spealdng unless it is to call him/her to order. If a Commissioner, while spealdng, is called to order, he/she shall cease speaking until the question of order is determined, and, if in order, he/she shall be permitted to proceed. Decorum By Commissioners: While the Commission is in session, the Commissioners must preserve order and decorum. A member shall neither by conversation or otherwise, Adopt~ci luly 18, 1995, Resolmion No. 95.35 6 10. 11. delay or interrupt the proceedings or the peace of the Commission nor disturb any member while speaking or refuse to obey the orders of the Commission or Chairman, except as otherwise herein provided. Public Input: In the event a person in the audience wishes to address the Commission on an issue on the agenda which is not a public hearing, the Chairman shall present the request to the Commission. If a majority of the Commission wishes to hear from the public on the issue, that person shall be permitted to speak, however any such public address shall be limited to three minutes per person and as otherwise restricted by the Chairman or Commission. Written communications which were delivered to the Chairman prior the agenda item being called will be read into the record by the Chairman or a copy shall be delivered to each Commissioner. Decorum By All Persons: Any person making personal, impertinent, or slanderous remarks, or who becomes boisterous while addressing the Commission, or who interferes with the order of business before the Commission, and who fails upon request of the Chairman to cease such activity, shall be barred from further audience before the Commission for the remainder of that meeting unless permission to continue is granted by a majority vote of the Commission. Making and Seconding a Motion: A motion shall be made by beginning the statement with words such as, "I move that..." A motion must be stated clearly, and specifically state the contents of the motion. There can be no discussion after a motion is made until there is a second or the motion dies for lack of a second. If there is not a second, the Chairman shall announce that the motion failed for lack of a second, and the discussion may continue, or the Commission may move on to the next agenda item. Reading of Motion for Discussion: After the motion is made and seconded, the Clerk shall read back the motion from the official record. The Chairman shall then call for discussion. Voluntary Amendment to a Motion: At any time before the question is called on a pending motion, the Commissioner who made the motion may ask that his/her motion be amended. At the time of the amendment, he/she shall clearly state the amendment, and the amendment shall be read back by the Clerk. If the Commissioner who seconded the vote agrees, then the motion shall be considered amended voluntarily. No more than one amendment to an amendment shall be permitted. Involuntary Amendment to a Motion: At any time before the question is called on a pending motion, a Commissioner may make a motion to amend the motion. At that time the discussion of the underlying issue will stop. If there is not a second to the motion to amend, then discussion on the underlying issue will continue. If there is a second to the motion to amend, then all discussion will be confined to the motion to amend, and there shall be a vote on the motion to amend. If the motion to amend is adopted by a majority of the Commission, discussion will continue on the (now) amended motion. If the motion to amend fails, discussion will continue on the original motion on the floor. No more than one amendment to an amendment shall be permitted. Adopted July 18, 1995, Resolution No. 95.35 7 12. 13. 14. 15. 16. Voluntary Withdrawal of a Motion: At any time before the question is called on a pending motion, the Commissioner who made the motion may ask that his/her motion be withdrawn. The motion will be withdrawn only in the event that the Commissioner who seconded the motion agrees with withdrawal of the motion. Calling the Ouestion: Discussion shall end at the time the question is called, or at the time the Chairman determines that there is no further discussion desired by any Commissioner. The Chairman shall direct the Clerk to read the motion, and the Clerk shall read the motion as made or amended. The only persons who can object to the form of the motion at this time are the Commissioners who made and seconded the motion. If there is a conflict as to whether the motion as read is the motion as intended, the matter will revert to further discussion until the discrepancy is corrected. Taking the Vote: The Chairman shall ask Commissioners to designate his/her vote by announcing "aye" or "nay". If, prior to the vote or after the vote, any Commissioner requests a roll call vote, the Clerk shall call roll, and each Commissioner shall state his/her vote aloud. Announcing the Result of the Vote: After the vote, the Clerk shall announce whether the motion failed or passed. If the vote was unanimous the Clerk shall so state, and if it was not, the Clerk shall state the individual votes for the record, stating the number of "aye" and "nay" votes. If any Commissioner disagrees with the vote as read back by the Clerk, he/she shall immediately request a clarification or roll call vote. After the Clerk reads back the individual votes, silence by any Commissioner displays his/her agreement with the vote as read. Tie Votes: In the case of a tie in votes on any motion, the motion shall be considered lost. Adopted July 18, 1995. Remlmion No. 95.35 8 Exhibit A to Marsha Planning & Zoning Commission Policies & Procedures TOWN OF MARANA, ARIZONA PLANNING & ZONING COMMISSION MEETING AGENDA (date) (time) Chairman Name Vice-Chairman Name Commissioner Name Commissioner Name Commissioner Name Commissioner Name Commissioner Name Planning Administrator Name Welcome to this Marana Planning & Zoning Commission Meeting. Regular Commission Meetings are usually held the last Wednesday of each month at 6:30 pm at the Marsha Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to twenty-four hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. If you are interested in speaking to the Commission during the Call to the Public, Public Hearings or other agenda items, you must fill out a speaker card (at the rear of the Council Chambers) and deliver it to the Clerk in advance of the agenda item you wish to address. All persons attending the Commission Meeting, whether speaking to the Commission or not, are expected to observe the Commission Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Marsha and others attending our meetings, the Council Chamber is wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistire listening devices, agenda materials printed in braille or large print, a signer for the heating impaired, etc., will be accommodated. Such special services are available upon prior request, at least ten (10) working days prior to the Commission Meeting. For a copy of this agenda or questions about the Commission Meetings, special services, or procedures may be addressed to Sandy Groseclose, Marsha Town Clerk, at 682-3401, Monday through Friday from 8:00 to 5:00. Postexl (date) at (time) o'clock m, at (list locations of postings) Adopted July 18, 1995, R¢solulion No. 95.35 II. III. IV. V. VI. VII. CALL TO ORDER AGENDA (date) PLEDGE OF ALLEGIANCE INVOCATION/MOMENT OF SILENCE ROLL CALL APPROVAL OF AGENDA ACCEPTANCE OF MINUTES 1. (List Minutes to be accepted) CALL TO THE PUBLIC At this time, any member of the public is allowed to address the Planning & Zoning Commission on any issue not already on tonight's agenda. The speaker may have up to three (3) minutes to speak. Any persons wishing to address the Commission must complete a speaker card (located at the rear of the Commission Chainbern) and deliver it to the Clerk prior to this agenda item being called. Pursuant to the Arizona Open Meeting Law, the speaker's comments may not be considered, discussed, or even answered by the Commission at this meeting, but may, at the discretion of the Town, be placed on a future agenda for discussion/action. VIII. GENERAL ORDER OF BUSINESS IX. Consent Agenda The consent agenda contains agenda items ~:tuiring action by the Commission which are generally routine items not requiring Commission discussion. A single motion will approve all items on the consent agenda, including any resolutions or ordinances. A Commissioner may remove any issue from the consent agenda, and that issue will be discussed and voted upon separately, immediately following the consent agenda. 1. (First item) 2. (Second item, etc.) Public Hearing and Commission Action - (This is an example of a public hearing agenda item.) C. (Next agenda item, etc.) Executive Session pursuant to A.R.S. §38-431.03(A)(4) for discussion and consultation with the Town Attorney for legal advise regarding (issue). (This is an example of an executive session issue.) E. Planning Administrator's Report FUTURE AGENDA ITEMS Adopted July 18, 1995, Resolmiun No. 95.35 X. ADJOURNMENT ChMrman Adopted July 18, 1995. Resolulion No. 95.35 POLICIES & PROCEDURES TOWN OF MARANA, ARIZONA TABLE OF CONTENTS Notice of Meetings ................................... Minutes and Recording of Meetings ........................ Field Trips ....................................... SECTION III. - AGENDAS ...................................... 2 1. Agenda Preparation .................................. 2 2. Placing Items on Ager, das .............................. 2 3. Commission Packet Materials ............................ 2 4. Agenda Sequence .................................... 2 5. Consent Agenda .................................... 2 6. Order of Busine,~s ................................... 2 SECTION IV. - DUTIES AT MEETINGS ............................. 2 1. Presiding Officer of Meetings ............................ 3 2. Duties of Chairman .................................. 3 3. Duties of Clerk ..................................... 3 4. Sergeant-At-Arms ................................... 3 SECTION V. 1. 2. 3. 4. 5. 6. 7. 8. 9. - PROCEDURES FOR MEETINGS ........................ 3 Call to Order ...................................... 3 Pledge of Allegiance .................................. 3 Invocation/Moment of Silence ............................ 3 Roll Call ......................................... 3 Apprcval of Agenda .................................. 4 Approval of Minutes .................................. 4 Call m the Public ................................... 4 OTder of Business ................................... ~. Planning Administrator's Report . . .... ...................... 4 SECTION VI. - EXECUTIVE SESSIONS ............................. 4 1. Placement on Agenda ................................. 4 2. Attendees at Executive Se,,sicns ........................... 5 3. Minutes of Executi',e Sessions ............................ 5 Adopted July 18, 1995, R¢.~t~lution No. 95..35 SECTION VII. - PUBLIC HEARING PROCEDURE ...................... 5 1. Agenda Procedure for Public Hearing ....................... 5 a. Calling Agenda Item ............................. 5 b. Vote to go into Public Hearing ....................... 5 c. ProI:onent Presentation ............................ 5 d. Staff Reports .................................. 5 e. Writlen Comments .............................. 5 f. Public Comments ............................... 5 g. Commission Discussion ........................... 5 h. Pro~ orient Closing. Statement ........................ 6 i. Declaration of end of Public Hearing ................... 6 j. Commissicn Discu~sicn and Vote ..................... 6 SECTION VIII. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. ~ DISCUSSION AND VO'IING PROCEDURE ................ 6 Quorum Necessary ................................... 6 Conflicts of Interest .................................. 6 Getting the Flocr .................................... 6 Interruptions ...................................... 6 Decorum By Commissiorers ............................. 6 Public Input ....................................... 7 Decorum By All Pertons ............................... 7 Making and Seconding a Motion .......................... 7 Reading of Motion for Di,~cussion ......................... 7 Voluntary Amendment to a Motion ......................... 7 Involuntary Amendment to a Motion ........................ 7 Voluntary Withdrawal of a Motion ......................... 8 Calling the Question .................................. 8 Taking the Vote .................................... 8 Announcing tl'e Result of the Vote ......................... 8 Tie Votes ........................................ 8 Adopted July 18. 1995, Rcsolulion No. ~5.35 i{ PLANNING & ZONING COMMISSION POLICIES & PROCEDURES TOWN OF MARANA, ARIZONA SECTION I. - PURPOSE General Purpose: In order to perform its duties in the best possible manner, the Mararia Town Council formulates these Policies & Procedures for use by the Planning & Zoning Commission. It is intended that these Policies & Procedures shall set standards and usual procedures for the conducting of public meetings of the Commission. These Policies & Procedures shall be in effect tbr hl Planning & Zoning Commission meetings until modified or suspended by majority vote of the Town Council. SECTION II. - PUBLIC IVIEETINGS Public Meetings: All meetings of the Commission shall be public meetings and shall be conducted in accordance with A.R.S. §38-431 et seq. (the "open meeting law") and all other federal, state and local laws. The Planning & Zoning Commission shall hold regular meetings at 6:30 p.m. on the last Wednesday of each month although the actual dates of the meetings may be changed from time to time. Study sessions and special meetings of the Commission shall be held at the call of the Chairman or the call of three or more Commissioners. Study sessions shall not be as formally conducted as Commission Meetings, although they shall follow the laws and shall generally follow these Policies & Procedures. Notice of Meetings: Notice of each meeting shall be distributed at least twenty-four hours in advance to each Commissioner (if possible), and posted in at least three places as provided by law. In the case of an emergency as defined by the open meeting law, notice shall be as soon as is reasonable under the circumstances. Notice in this paragraph is intended to mean a complete agenda of the meeting, including the kind of meeting, location, date and time of the meeting. Notice to Commissioners of all non- regulax meetings shall be by any and all means possible to assure that the best possible efforts were made to contact each Commissioner. Minutes and Recordino of Meetin*.s: Written minutes shall be taken of each Commission Meeting, and if recording equipment is available, each Commission Meeting shall also be tape recorded. These provisions shall nat'apply to executive sessions, which are governed elsewhere in these Policies & Proc~ures. Field Trir~s: The Commission may take field trips to view property or for other purposes relevant to a public hearing or other matter under consideration. Commission field trips Adopted July 18, 1995, Resolution No. u535 1 may be taken as part of a regular or special meeting, shall follow all requirements of the open meeting laws, and all interested persons shall be afforded the opportunity to be present to view the property and hear any reports or comments. A record of the field trips shall be entered into the minutes, so that the record shall indicate that the field trip was taken into consideration as evidence. SECTION III.- AGENDAS Agenda Preparation: Agendas for Planning & Zoning Commission Meetings developed by the Chairman and shall be prepared by the Planning Administrator. Placing Items on Agendas: 'Commission members may contact the Planning Administrator and/or the Chairman to have items placed on the agenda. The deadline for an agenda item is 5:00 p.m. on the Thursday preceding the meeting for which the agenda is prepared. Commission Packet Materials: All reports, plans, communications, resolutions, contract documents, and other documents to be included in the "Commission packet" shall he submitted to the Planning Administrator by 5:00 p.m. on the Thursday preceding the meeting for which the agenda is prepared. Commission packets will be ready for the Commissioners on the Friday prior to the Commission Meeting. These deadlines may be waived for any particular item by the Chairman or Planning Administrator only if it is determined that it is impossible to meet the deadline. Agenda Sequence: The agenda format attached hereto (Exhibit "A") will pertain to all regular and special Planning & Zoning Commission Meetings and study sessions. Although it is expected that this exact format will be used for regular and special. Commission Meetings, for study sessions and other meetings a relaxed format may be used which excludes many of the unnecessary items. o Consent Agenda: A consent agenda will contain agenda items requiting action by the Commission which are generally routine items, not believed to be controversial, not requiring Commission discussion, or issues which were already discussed or heard at public hearing for which final adoption by resolution is needed. A single motion and affirmative vote "to approve the consent agenda" will approve all items in the consent agenda, including any resolutions included in the consent agenda. Prior to a motion to pass the consent agenda, and upon the request of any Commissioner, any item on the consent agenda can he removed from the consent agenda, and said item(s) shall be considered immediately tollowing the consent agenda. In the event the consent agenda is not passed by an affirmative vote, the Commission may discuss and vote upon each item listed on tile consent agenda immediately thereafter. Order of Business: In formulating the agendii, items for which there is attendance of speakers, presenters or members of the public, shall be placed higher on the agenda in order to allow those individuals to leave after the item is completed. SECTION IV. - DUTIES AT MEETINGS Adopted July 18. 1995, Rcsolmion No. 95.35 2 Presiding Officer of Meetings: The Chairman shall be the presiding officer of the Commission. In the event of the absence of the Chairman, the Vice-Chairman shall be the presiding officer until the return of the Chairman. In the event of the absence of both the Chairman and the Vice-Chairman, the Clerk shall call the meeting to order and a temporary presiding officer shall be elected by a majority of those Commissioners present, and that person shall serve until the return of the Chairman or the Vice- Chairman. Upon the return of the Chairman or the Vice-Chairman, the temporary presiding officer shall relinquish the chair when the business immediately before the Commission is completed. The word ~'Chairman" as used in these Policies & Procedures shall mean the presiding officer of the meeting as set forth in this paragraph. Duties of Chairman: The Chairman shall call the meeting to order, and lead or designate the leading of the Pledge of Allegiance and Invocation/Moment of Silence. The Chairman shall preserve strict order and decorum at all regular and special meetings of the Commission. The Chairman may move, second and debate from the chair, subject only to such limitations of debate as are imposed on all members. The Chairman shall not be deprived of any of the rights and privileges of a Commissioner. Duties of Clerk: The Clerk shall take the Roll Call. The Clerk shall announce each agenda item, reading into the record the item as listed on the Agenda, sufficiently to advise the Commission and public as to what business is about to be considered by the Commission. The Clerk shall also read motions into the record as set forth in these Policies & Procedures and perform other duties as set forth in these Policies & Procedures or as directed by the Chairman. Ser*.eant-At-Arms: The Chairman may appoint a Sergeant-at-arms at the Commission meetings, who shall carry out all orders and instructions given by the Chairman for the purpose of maintaining order and decorum at the Commission meeting. Upon instructions of the Chairman, it shall be the duty of the Sergeant-at-arms to remove any person who violates the order and decorum of the meeting, as set forth hereinafter. SECTION V. - PROCEDURES FOR MEETINGS I. Call to Order: The Chairman shall call the meeting to order. 2. Pled~e of Allegiance: The Chairman or his/her designee shall lead the Pledge. Invocation/Moment of Silence: The Chairman or his/her designee shall lead the invocation/moment of silence. Roll Call: Roll shall be called by the Clerk. Any absence which has been explained to the Chairman or Planning Administrator iN advance shall constitute an "excused absence", and any absence which has not been explained in advance shall be an ~unexcused absence". At the time of taking roll, the Chairman shall place into the record whether a Commissioner's absence is "excused" or ~unexcused". If a Adop~d July 18, 1995, R¢,qolution No. 95.35 3 Commission member is absent for three consecutive regular meetings, a recommendation may be made to the Town Council that the non-participating member be removed. Approval of Aeenda: The Commission shall vote to approve the agenda as written, or shall modify the agenda by moving items or deleting items, and shall approve the modified agenda. The Commission may, by majority vote, delete agenda items or consider items out of sequence from the printed agenda, so long as public notice is adhered to. Once an item is discussed at a meeting and the Commission has gone on to another agenda item, the item considered cannot be again considered at that same meeting, unless it can be determined that all persons who were present when the item was first considered are still present. The purpose of this rule is to confirm that if the public leaves a meeting thinking tfiat their item has been considered and concluded, that item is not again considered at the same meeting. Approval of Mimeres: The Clerk shall present minutes to the Commission for approval. Commissioners who were not present at a previous meeting may abstain from the vote approving those minutes. The Commission may approve multiple minutes by one vote, and if one or more Commissioner expressed a desire to abstain from the vote on one set of minutes, the motion shall be to approve the minutes "except as noted by Commissioner(s) " Call to the Public: Persons wishing to address the Commission on an item not already on the agenda may do so, although each speaker is limited to three minutes. The Chairman or Commission may limit the total time offered speakers, if necessary. All such remarks shall be addressed to the Commission as a whole, and not to any specific member. No person other than the speaker shall enter into the discussion without the permission of the Chairman. The Commission may not address, discuss or vote upon any petition or comment raised by the public at that meeting, but it may be placed on a future agenda. Order of Business: The Clerk, if directed by the Chairman, shall announce each order of business, anti the Chairman shall then ask the Commission its pleasure on the item. A motion need not be made in order t~)r an item to be discussed. Unless the Commission determines that no report is necessary, staff shall have an opportunity to report on the issue and will respond to Commission questions. At any time that the agenda item is before the Commission, a motion may be made as provided in these Policies & Procedures. Planning Administrator's Report: The Planning Administrator's report may be in writing or oral. Any Commissioner may ask the Planning Administrator about a particular item in his/her report, but a general discussion of any item mentioned in his/her report may not be held unless that item is properly placed.on the agenda. SECTION VI. - EXECUTIVE SESSIONS Placement on Agenda: Executive sessions may be placed on an agenda under the same circumstances as any other agenda item, however approval of the Town Attorney of all Adopted July 18, 1995, Resolmim~ N~*. 95.35 executive sessions shall be required to assure compliance with the open meeting laws. Executive sessions may only be placed on the agenda if the issue is allowed to be considered in an executi,~e session pursuant to A.R.S. §38-431.03. Attendees at Executive Sessions: Under normal circumstances, executive sessions shall be attended by the Chairman and Commissioners, Planning Administrator, and Town Attorney. A majority or' the Commission may vote to have other individuals attend the executive session. Minutes of Executive Sessions: Executive sessions are not to be tape recorded, but an individual appointed by the Chairman shall tenke written minutes of executive sessions to document the nature and extent of the discussions. All minutes of executive sessions shall be sealed and retained by the Town Attorney. Only those individuals who were present at a particular executive session may review the minutes of that session. SECTION VII. - PUBLIC HEARING PROCEDURE A~enda Procedure tbr Public Hearing: A public hearing may be placed on the agenda under the same agenda item as the discussion and action of the Commission. The normal procedure for public hearings shall be as set forth hereafter. Public Hearings shall be limited to one (I) hour unless extended by an affirmative vote of two-thirds (213) of the Commission members present. Calling Agenda Item: The agenda item shall be called by the Clerk as any other agenda item. bo Vote to to into Public Hearing: The Chairman shall declare that the Commission is in public hearing. Co Prooonent Presentation: The proponent may make an opening statement in order to explain the item to the Commission and public. The Chairman or Commission may limit the time for this statement as necessary. do Staff Re~ons: Staff shall have an opportunity to report on the issue and answer questions by the Commission. Written Comments: Written communications filed with the Town or staff shall be presented to the Commission or read into the record. Public Comments: Testimony from members of the public shall be permitted. Members of the public shall be limited to five minutes per person, or less as designated by the Chairman or Commission. The total t/me allotted to the public on any issue may be limited by the Commission or Commissioners, but in no event will the public testimony be limited to less than one hour. Commission Discussion: Discussion by Commissioners may be held at this time, or reserx'ed until the Commission has come out of public hearing. Proponent Closing Statement: The proponent shall be allowed a brief closing statement in order to rebut the statements made by the public, to offer a compromise, or to otherwise address the issue. Declaration of end of Public Heating: Unless a majority of the Commissioners object, the Chairman shall declare the public heating as ended. Commission Discussion and Vote: The agenda item wilI then be discussed and action taken as on any other agenda item. SECTION VIII. - DISCUSSION AND VOTING PROCEDURE Ouorum Necessary: It will be necessary for a quorum to be present in order for the Commission to consider or act upon any business. A quorum shall consist of a major/ty of the members of the Commission. In the event a quorum is not present, the meeting shall be called to order, and the only motion that can be made, considered and passed is a motion for adjournment. If the meeting for which no quorum is present had a public hearing scheduled, and members of the public wish to be heard at that time rather than return for the next meeting date, the Commissioners present shall hear any member of the public wishing to comment on the issue. It shall then be announced that the public hearing will be continued to a later date, and that date shall be announced. A detailed record of those persons speaking at the public hearing when a quorum was not present shall be kept and shall be reviewed by any member proposing to vote on the matter who was not present when such comments were made. Conflicts of Interest: Each Commissioner has a responsibility for compliance with A.R.S. §38-501 et seq. concerning conflicts of interest. Any member of the Commission who believes he or she has a conflict of interest, shall, immediately upon determining that a conflict exists, declare the conflict of interest and explain the basis for the conflict. That Commissioner shall then leave the room and shall refrain from taking any part in the meeting, discussion, consideration or determination of that issue. If that issue is not resolved at that meeting, that Commissioner shall not discuss the matter with any other Commissioner until the mater is finally resolved. The member who declared the conflict may return to his/her seat when that agenda item is completed. Gettin~ the Floor: Every Commissioner desiring to speak shall address the Chairman, and upon recognition by the Chairman, shall confine himself/herself to the question under debate, avoiding all personalities and indecorous language. Interruptions: A Commissioner, once recognized, shall not be interrupted when speaking unless it is to call him/her to order. If a Commissioner, while speaking, is called to order, he/she shall cease speaking until the q~esfion of order is determined, and, if in order, he/she shall be permitted to proceed. Decorum Bv Commissioners: While the Commission is in session, the Commissioners must preserve order and decorum. A member shall neither by conversation or otherwise, Adopted July 18, 1995, Resolution No. 95.35 10. 11. delay or interrupt the proceedings or the peace of the Commission nor disturb any member while speaking or refuse to obey the orders of the Commission or Chairman, except as otherwise herein provided. Public Input: In the event a person in the audience wishes to address the Commission on an issue on the agenda which is not a public hearing, the Chairman shall present the request to the Commission. If a majority of the Commission wishes to hear from the public on the issue, that person shall be permitted to speak, however any such public address shall be limited to three minutes per person and as otherwise restricted by the Chairman or Commission. Written communications which were delivered to the Chairman prior the agenda item being called will be read into the record by the Chairman or a copy shall be delivered to each Commissioner. Decorum Bv All Persons: Any person making personal, impertinent, or slanderous remarks, or who becomes boisterous while addressing the Commission, or who interferes with the order of business before the Commission, and who fails upon request of the Chairman to cease such activity, shall be barred from further audience before the Commission for the remainder of that meeting unless permission to continue is granted by a majority vote of the Commission. Making and Seconding a Motion: A motion shall be made by beginning the statement with words such as, "I move that..." A motion must be stated clearly, and specifically state the contents of the motion. Them can be no discussion after a motion is made until there is a second or the motion dies for lack of a second. If there is not a second, the Chairman shall announce that the motion failed for lack of a second, and the discussion may continue, or the Commission may move on to the next agenda item. Reading of Motion for Discussion: After the motion is made and seconded, the Clerk shall read back the motion from the official record. The Chairman shall then call for discussion. Voluntary Amendment to a Motion: At any time before the question is called on a pending motion, the Commissioner who made the motion may ask that his/her motion be amended. At the time of the amendment, he/she shall clearly state the amendment, and the amendment shall be read back by the Clerk. If the Commissioner who seconded the vote agrees, then the motion shall be considered amended voluntarily. No more than one amendment to an amendment shall be permitted. Involuntary Amendment to a Motion: At any time before the question is called on a pending motion, a Commissioner may make a motion to amend the motion. At that time the discussion of the underlying issue will stop. If there is not a second to the motion to amend, then discussion on the underlying is.~e will continue. If there is a second to the motion to amend, then all discussion wilFOoe confined to the motion to amend, and them shall be a vote on the motion to amend. If the motion to amend is adopted by a majority of the Commission, discussion will continue on the (now) amended motion. If the motion to amend fails, discussion will continue on the original motion on the floor. No more than one amendment to an amendment shall be permitted. Adopted July 18, 1995. R¢s~lmion No. 95.35 7 12. 13. 14. 15. 16. Voluntary Withdrawal of a Motion: At any time before the question is called on a pending motion, the Commissioner who made the motion may ask that his/her motion be withdrawn. The motion will be withdrawn only in the event that the Commissioner who seconded the motion agrees with withdrawal of the motion. Calling the Ouestion: Discussion shall end at the time the question is called, or at the time the Chairman determines that there is no further discussion desired by any Commissioner. The Chairman shall direct the Clerk to read the motion, and the Clerk shall read the motion as made or amended. The only persons who can object to the form of the motion at this time are the Commissioners who made and seconded the motion. If there is a conflict as to whether the motion as read is the motion as intended, the matter will revert to further discussion until the discrepancy is corrected. Takin~ the Vote: The Chairman shall ask Commissioners to designate his/her vote by announcing "aye" or "nay". If, prior to the vote or after the vote, any Commissioner requests a roll call vote, the Clerk shall call roll, and each Commissioner shall state his/her vote aloud. Announcing the Result of the Vote: After the vote, the Clerk shall announce whether the motion failed or passed. If the vote was unanimous the Clerk shall so state, and if it was not, the Clerk shall state the individual votes for the record, stating the number of "aye" and "nay" votes. If any Commissioner disagrees with the vote as read back by the Clerk, he/she shall immediately request a clarification or roll call vote. After the Clerk reads back the individual votes, silence by any Commissioner displays his/her agreement with the vote as read. Tie Votes: in the case of a tie in votes on any motion, the motion shall be considered lost. Adopted July 18. 1995, R¢~olution No. 95.35 8 Exhibit A to Marana Planning & Zoning Commission Policies & Procedures TOWN OF MARANA, ARIZONA PLANNING & ZONING COMMISSION MEETING AGENDA (date) (time) Chairman Name Vice-Chairman Name Commissioner Name Commissioner Name Commissioner Name Commissioner Name Commissioner Name Planning Administrator Name Welcome to this Marana Planning & Zoning Commission Meeting. Regular Commission Meetings are usually held the last Wednesday of each month at 6:30 pm at the Mararia Town Hail, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch tbr posted agendas for other meetings. This agenda xy be revised up to twenty-tbur hours prior to the meeting. In such a case a new agenda will ,~,z posted in place of this agenda. If you are interested in speaking to the Commission during the Call to the Public, Public Hearings or other agenda items, you must fill out a speaker card (at the rear of the Council Chambers) and deliver it to the Clerk in advance of the agenda item you wish to address. All persons attending the Commission Meeting, whether speaking to the Commission or not, are expected to observe the Commission Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Marana and others attending our meetings, the Council Chamber is wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request, at least ten (10) working days prior to the Commission Meeting. For a copy of this agenda or questions about theCommission Meetings, special services, or procedures may he addressed to Sandy Grosecl~se, Marana Town Clerk, at 682-3401, Monday through Friday from 8:00 to 5:00. Posted (date) at (time) o'clock m, at (list locations of postings) II. III. IV. V. VI. VII. CALL TO ORDER AGENDA (date) PLEDGE OF ALLEGIANCE INVOCATION/MOMENT OF SILENCE ROLL CALL APPROVAL OF AGENDA ACCEPTANCE OF MINUTES 1. (List Minutestobeaccepted) CALL TO THE PUBLIC At this time, any member of the public is allowed to address the Planning & Zoning Commission on any issue not already ott tonight's agetda. The speaker may have up to three (3) minutes to speak. Any persons wishing to address the Commission must complete a speaker card (located at the rear of the Commission Chambers) and deliver it to the Clerk prior to this agenda item being called. Pursuant to the Arizona Open Meeting Law, the speaker's comments may not be considered, discussed, or even answered by the Commission at this meeting, but may, at the discretion of the Town, be placed on a future agenda for discussion/action. VIII. GENERAL ORDER OF BUSINESS IX. Consent A~enda The con.~nt agenda contains agenda items requiring action by the Comnussion which are generally routine ~tems not requiring Commission discussion. A single motion will approve all items on the cnnsent agenda, including any resolutions or ordinances. A Comm/ssioner may remove any issue from the consent agenda, and that issue will be discussed and voted upon separately, immediately tb[lowing the consent agenda. 1. (First item) 2. (Second item, etc.) Public l-Iearin~ and Commission Action - (This is an example of a public hearing agenda item.) C. (Next agenda item, etc.) Executive Session pursuant to A.R.S. §38-431.03(A)(4) for discussion and consultation with the Town Attorney f.m, legal advise regarding (issue). (This is an example of an executive session isgfie.) E. Planning Administrator's Report FUTURE AGENDA ITEMS Adopted July 18, 1995. Rcsolmiml No. 95.35 X. ADIOURNMENT Ch~rman Adopted July 18, 1995. Resolution No. 95.35 PLANNING & ZONING COMMISSION POLICIES & PROCEDURES TO WN OF MARANA, ARIZONA TABLE OF CONTENTS SECTION I. - PURPOSE .................................. 1. General Purpose ............................... · SECTION II. - PUBLIC MEETINGS ............................ 1. Public Meetings ................................... 2. Notice of Meetings ................................... 1 N 3. Minutes and Recording of Meetings ........................ 1 4. Field Trips ....................................... 1 SECTION III. 1. 2. 3. 4. 5. 6. - AGENDAS ...................................... 2 Agenda Preparation .................................. 2 Placing Items on Agendas .............................. 2 Commission Packet Materials ............................ 2 Agenda Sequence .................................... 2 Consent Agenda .................................... 2 Order of Business ................................... 2 SECTION 1.. 2. 3. 4. IV. - DUTIES AT MEETINGS ............................. 2 Presiding Officer of Meetings ............................ 3 Duties of Chairman .................................. 3 Duties of Clerk ..................................... 3 Sergeant-At-Arms .................................... 3 SECTION V. 1. 2. 3. 4. 5. 6. 7. 8. 9. o PROCEDURES FOR MEETINGS ........................ 3 Call to Order ...................................... 3 Pledge of Allegiance .................................. 3 Invocation/Moment of Silence ............................ 3 Roll Call ......................................... 3 Approval of Agenda .................................. 4 Approval or' Minutes .................................. 4 Call to the Public ................................... 4 Order of Business ................................... 4 Planning Administrator's Report . . ..: ...................... 4 SECTION VI. - EXECUTIVE SESSIONS ............................. 4 1. Placement on Agenda ................................. 4 2. Attendees at Executive Sessions ........................... 5 3. Minutes of Executive Sessions ............................ 5 Adopted July 18, 1995, Rcs,dmitm N,~ ')5.35 i SECTION VII. - PUBLIC HEARING PROCEDURE ...................... 1. Agenda Procedure for Public Hearing ....................... 5 5 CalIing Agenda Item ............................. 5 Vote to go into Public Hearing ....................... 5 Propor ent Presentation ............................ 5 Staff Reports .................................. 5 Written Comments .............................. 5 Public Comments ............................... 5 Commission Discussion ........................... 5 Propc nent Closing. Statement ........................ 6 Declaration of end of Public Hearing ................... 6 Commission Discussion and Vo~e ..................... 6 SECTION VIII. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. - DISCUSSION AND VOTING PROCEDURE ................ 6 Quorum Necessary ................................... 6 Conflicts of Interest .................................. 6 Getting the Floor .................................... 6 Interruptions ...................................... 6 Decorum By Commissioners ............................. 6 Public Input ....................................... 7 Decorum By All Per.,ons ............................... 7 Making and Seconding a Motion .......................... 7 Reading of Motion for Discussion ......................... 7 Voluntary Amendment to a Motion ......................... 7 Involuntary Amendment Io a Motion ........................ 7 Voluntary Withdrawal of a Motion ......................... 8 Calling the Question .................................. 8 Taking the Vote .................................... 8 Announcing the Result of the Vote ......................... 8 Tie Votes ........................................ 8 Adoptctl July 18, 1995, Resoluliml No. 95.35 ii PLANNING & ZONING COMMISSION POLICIES & PROCEDURES TOWN OF MARANA, ARIZONA SECTION I. - PURPOSE General Purpose: In order to perform its duties in the best possible manner, the Mararia Town Council formulates these Policies & Procedures for use by the Planning & Zoning Commission. It is intended that these Polides & Procedures shall set standards and usual procedures for the conducting of public meetings of the Commission. These Policies & Procedures shall be in effect for all Planning & Zoning Commission meetings until modified or suspended by majority vote of the Town Council. SECTION II. - PUBLIC IVIEETINGS Public Meetints: All meetings of the Commission shall be public meetings and shall be conducted in accordance with A.R.S. §38-431 et seq. (the *open meeting law") and all other federal, state and local laws. The Planning & Zoning Commission shall hold regular meetings at 6:30 p.m. on the last Wednesday of each month although the actual dates of the meetings may be changed from time to time. Study sessions and special meetings of the Commission shall be held at the call of the Chairman or the call of three or more Commissioners. Study sessions shall not be as formally conducted as Commission Meetings, although they shall follow the laws and shall generally follow these Policies & Procedures. Notice of Meetints: Notice of each meeting shall be distributed at least twenty-four hours in advance to each Commissioner (if possible), and posted in at least three places as provided by law. In the case of an emergency as defined by the open meeting law, notice shall be as soon as is reasonable under the circumstances. Notice in this paragraph is intended to mean a complete agenda of the meeting, including the kind of meeting, location, date and time of the meeting. Notice to Commissioners of all non- regular meetings shall be by any and all means possible to assure that the best possible efforts were made to contact each Commissioner. o Minutes and Recordin~ of Meetints: Written minutes shall be taken of each Commission Meeting, and if recording equipment is available, each Commission Meeting shall also be tape recorded. These provisions shall nor'apply to executive sessions, which are governed elsewhere in these Policies & Proc~ures. Field Trips: The Commission may take field thps to view property or for other purposes relevant to a public hear/rig or other matter under consideration. Commission field trips Adopted July 18, 1995, R¢$olutlon No. 95.35 1 may be taken as part of a regular or special meeting, shall follow all requirements of the open meeting laws, and all interested persons shall be afforded the opportunity to be present to view the property and hear any reports or comments. A record of the field trips shall be entered into the minutes, so that the record shall indicate that the field trip was taken into consideration as evidence. SECTION III. - AGENDAS Agenda Preparation: Agendas for Planning & Zoning Commission Meetings developed by the Chairman and shall be prepared by the Planning Administrator. Placina Items on Agendas: 'Commission members may contact the Planning Administrator and/or the Chairman to have items placed on the agenda. The deadline for an agenda item is 5:00 p.m. on the Thursday preceding the meeting for which the agenda is prepared. Commission Packet Materials: All reports, plans, communications, resolutions, contract documents, and other documents to be included in the "Commission packet" shall be submitted to the Planning Administrator by 5:00 p.m. on the Thursday preceding the meeting for which the agenda is prepared. Commission packets will be ready for the Commissioners on the Friday prior to the Commission Meeting. These deadlines may be waived for any particular item by the Chairman or Planning Administrator only if it is determined that it is impossible to meet the deadline. Agenda Seqnence: The agenda format attached hereto (Exhibit "A") will pertain to all regular and special Planning & Zoning Commission Meetings and study sessions. Although it is expected that this exact format will be used for regular and special Commission Meetings, for study sessions and other meetings a relaxed format may be used which excludes many of the unnecessary items. Consent A~enda: A consent agenda will contain agenda items requiring action by the Commission which are generally routine items, not believed to be controversial, not requiring Commission discussion, or issues which were already discussed or heard at public hearing for which final adoption by resolution is needed. A single motion and affirmative vote "to approve the consent agenda" wil! approve all items in the consent agenda, including any resolutions included in the consent agenda. Prior to a motion to pass the consent agenda, and upon the request of any Commissioner, any item on the consent agenda can be removed from the consent agenda, and said item(s) shall be considered immediately following the consent agenda. In the event the consent agenda is not passed by an affirmative vote, the Commission may discuss and vote upon each item listed on the consent agenda immediately thereafter. Order of Business: In formulating the agenda, items for which there is attendance of speakers, presenters or members of the public, shall be placed higher on the agenda in order to allow those individuals to leave after the item is completed. SECTION IV. - DUTIES AT MEETINGS Adopted July 18, 1995, Resotution No. 95.35 2 Presidin~ Officer of Meetings: The Chairman shall be the presiding officer of the Commission. In the event of the absence of the Chairman, the Vice-Chairman shall be the presiding officer until the return of the Chairman. In the event of the absence of both the Chairman and the Vice-Chairman, the Clerk shall call the meeting to order and a temporary presiding officer shall be elected by a majority of those Commissioners present, and that person shall serve until the return of the Chairman or the Vice- Chairman. Upon the return of the Chairman or the Vice-Chairman, the temporary presiding officer shall relinquish the chair when the business immediately before the Commission is completed. The word "Chairman" as used in these Policies & Procedures shall mean the presiding officer of the meeting as set forth in this paragraph. Duties of Chairm,'m: The Chairman shall call the meedng to order, and lead or designate the leading of the Pledge of Allegiance and Invocation/Moment of Silence. The Chairman shall preserve strict order and decorum at all regular and special meetings of the Commission. The Chairman may move, second and debate from the chair, subject only to such limitations of debate as are imposed on all members. The Chairman shall not be deprived of any of the rights and privileges of a Commissioner. Duties of Clerk: The Clerk shall take the Roll Call. The Clerk shall announce each agenda item, reading into the record the item as listed on the Agenda, sufficiently to advise the Commission and public as to what business is about to be considered by the Commission. The Clerk shall also read motions into the record as set forth in these Policies & Procedures and perform other duties as set forth in these Policies & Procedures or as directed by the Chairman. Sergeant-At-Arms: The Chairman may appoint a Sergeant-at-arms at the Commission meetings, who shall carry out all orders and instructions given by the Chairman for the purpose of maintaining order and decorum at the Commission meeting. Upon instructions of the Chairman, it shall be the duty of the Sergeant-at-arms to remove any person who violates the order and decorum of the meeting, as set forth hereinafter. SECTION V. - PROCEDURES FOR MEETINGS 1. Call to Order: The Chairman shall call the meeting to order. 2. Pledge of Allegiance: The Chairman or his/her designee shall lead the Pledge. Invocation/Moment of Silence: The Chairman or his/her designee shall lead the invocation/moment of silence. Roll Call: Roll shall be called by the Clerk. Any absence which has been explained to the Chairman or Planning Administrator ii~ advance shall constitute an "excused absence", and any absence which has not been explained in advance shall be an "unexcused absence". At the time of taking roll, the Chairman shall place into the record whether a Commissioner's absence is '~excused" or "unexcused". If a Adopted JuLy 18. 1995. Resolution No. 95.35 Commission member is absent for three consecutive regular meetings, a recommendation may be made to the Town Council that the non-participating member be removed. Approval of Aaenda: The Commission shall vote to approve the agenda as written, or shall modify the agenda by moving items or deleting items, and shall approve the modified agenda. The Commission may, by majority vote, delete agenda imms or consider items out of sequence from the printed agenda, so long as public notice is adhered to. Once an item is discussed at a meeting and the Commission has gone on to another agenda item, the item considered cannot be again considered at that same meeting, unless it can be determined that all persons who were present when the item was first considered are still present. The purpose of this rule is to confirm that if the public leaves a meeting thinking that their item has been considered and concluded, that item is not again considered at the same meeting. Approval of Minutes: The Clerk shall present minutes to the Commission for approval. Commissioners who were not present at a previous meeting may abstain from the vote approving those minutes. The Commission may approve multiple minutes by one vote, and if one or more Commissioner expressed a desire to abstain from the vote on one set of minutes, the motion shall be to approve the minutes "except as noted by Commissioner(s) Call to the Public: Persons wishing to address the Commission on an item not already on the agenda may do so, although each speaker is limited to three minutes. The Chairman or Commission may limit the total time offered speakers, if necessary. All such remarks shall be addressed to the Commission as a whole, and not to any specific member. No person other than the speaker shall enter into the discussion without the permission of the Chairman. The Commission may not address, discuss or vote upon any petition or comment raised by the public at that meeting, but it may be placed on a future agenda. Order of Business: The Clerk, if directed by the Chairman, shall announce each order of business, and the Chairman shall then ask the Commission its pleasure on the item. A motion need not be made in order for an item to be discussed. Unless the Commission determines that no report is necessary, staff shall have an opportunity to report on the issue and will respond to Commission questions. At any time that the agenda item is before the Commission, a motion may be made as provided in these Policies & Procedures. Plannin~ Administrator's Report: The Planning Administrator's report may be in writing or oral. Any Commissioner may ask the Planning Administrator about a parficula.r item in his/her report, but a general discussion of any item mentioned in his/her report may not be held unless that item is properly placed.on the agenda. SECTION VI. - EXECUTIVE SESSIONS Placement on Agenda: Executive sessions may be placed on an agenda under the same circumstances as any other agenda item, however approval of the Town Attorney of all Adopted July 18. 1995. Resolution No. 95.35 4 executive sessions shall be required to assure compliance with the open meeting laws. Executive sessions may only be placed on the agenda if the issue is allowed to be considered in an executive session pursuant to A.R.S. §38-431.03. Attendees at Execntive Sessions: Under normal circumstances, executive sessions shall be attended by the Chairman and Commissioners, Planning Administrator, and Town Attorney. A majority of the Commission may vote to have other individuals attend the executive session. Minutes of Executive Sessions: Executive sessions are not to be tape recorded, but an individual appointed by the Chairman shall take written minutes of executive sessions to document the nature and extent of the discussions. All minutes of executive sessions shall be sealed and retained by the Town Attorney. Only those individuals who were present at a particular executive session may review the minutes of that session. SECTION VII. ~ PUBLIC HEARING PROCEDURE Agenda Procot%re for Public Hearing: A public hearing may be placed on the agenda under the same agenda item as the discussion and action of the Commission. The normal procedure for public hearings shall be as set forth hereafter. Public Heatings shall be limited to one (1) hour unless extended by an affirmative vote of two-thirds (2/3) of the Commission members present. Calling Agenda Item: The agenda item shall be called by the Clerk as any other agenda item. Vote to go into Public l-Iearin~,: The Chairman shall declare that the Commission is in public heating. Proponent Presentation: The proponent may make an opening statement in order to explain the item to the' Commission and public. The Chairman or Commission may limit the time for this statement as necessary. do Staff Reports: Staff shall have an opportunity to report on the issue and answer questions by the Commission. Written Comments: Written communications filed with the Town or staff shall be presented to the Commission or read into the record. Public Comments: Testimony from members of the public shall be permitted. Members of the public shall be limited to five minutes per person, or less as designated by the Chairman or Commission. The total time allotted to the public on any issue may be limited by the Commission or Commissioners, but in no event will the public testimony be limited to less than one hour. Commission Discussion: Discussion by Commissioners may be held at this time, or reserved until the Commission has come out of public hearing. Adopted July 18, 1995, Resolution No. 95.35 Proponent Closim, Statement: The proponent shall be allowed a brief closing statement in order to rebut the statements made by the public, to offer a compromise, or to otherwise address the issue. Declaration of end of Public Hearina: Unless a majority of the Commissioners object, the Chairman shall declare the public hearing as ended. Commission Discussion and Vote: The agenda item will then be discussed and action taken as on any other agenda item. SECTION VIII. - DISCUSSION AND VOTING PROCEDURE Ouorum Necessary: It will be necessary for a quorum to be present in order for the Commission to consider or act upon any business. A quorum shall consist of a majority of the members of the Commission. In the event a quorum is not present, the meeting shall be called to order, and the only motion that can be made, considered and passed is a motion for adjournment. If the meeting for which no quorum is present had a public hearing scheduled, and members of the public wish to be heard at that time rather than return for the next meeting date, the Commissioners present shall hear any member of the public wishing to comment on the issue. It shall then be announced that the public hearing will be continued to a later date, and that date shall be announced. A detailed record of those persons speaking at the public hearing when a quorum was not present shall be kept and shall be reviewed by any member proposing to vote on the matter who was not present when such comments were made. Conflicts of Interest: Each Commissioner has a responsibility for compliance with A.R.S. §38-501 et seq. concerning conflicts of interest. Any member of the Commission who believes he or she has a conflict of interest, shall, immediately upon determining that a conflict exists, declare the conflict of interest and explain the basis for the conflict. That Commissioner shall then leave the room and shall refrain from taking any part in the meeting, discussion, consideration or determination of that issue. If that issue is not resolved at that meeting, that Commissioner shall not discuss the matter with any other Commissioner until the mater is finally resolved. The member who declared the conflict may return to his/her seat when that agenda item is completed. Getfin~ the Floor: Every Commissioner desiring to speak shall address the Chairman, and upon recognition by the Chairman, shall confine himself/herself to the question under debate, avoiding all personalities and indecorous language. Interruptions: A Commissioner, once recognized, shall not be interrupted when speaking unless it is to call him/her to order. If a Commissioner, while speaking, is called to order, he/she shall cease speaking until the qOestion of order is determined, and, if in order, he/she shall be permitted to proceed. Decorum By Commissioners: While the Commission is in session, the Commissioners must preserve order and decorum. A member shall neither by conversation or otherwise, Adopted JuLy 18, 1995, Resolmion No. 95.35 6 10. 11. delay or interrupt the proceedings or the peace of the Commission nor disturb any member while speaking or refuse to obey the orders of the Commission or Chairman, except as otherwise herein provided. Public Inpnt: In the event a person in the audience wishes to address the Commission on an issue on the agenda which is not a public heating, the Chairman shall present the request to the Commission. If a majority of the Commission wishes to hear from the public on the issue, that person shall be permitted to speak, however any such public address shall be limited to three minutes per person and as otherwise restricted by the Chairman or Commission. Written communications which were delivered to the Chairman prior the agenda item being called will be read into the record by the Chairman or a copy shall be deligered to each Commissioner. Decorum By All Persons: Any person making personal, impertinent, or slanderous remarks, or who becomes boisterous while addressing the Commission, or who interferes with the order of business before the Commission, and who fails upon request of the Chairman to cease such activity, shall be barred from further audience before the Commission for the remainder of that meeting unless permission to continue is granted by a majority vote of the Commission. Making and Seconding a Motion: A motion shall be made by beginning the statement with words such as, "I move that..." A motion must be stated clearly, and specifically state the contents of the motion. There can be no discussion after a motion is made until there is a second or the motion dies for lack of a second. If there is not a second, the Chairman shall announce that the motion failed for lack of a second, and the discussion may continue, or the Commission may move on to the next agenda item. Readina of Motion for Discussion: After the motion is made and seconded, the Clerk shall read back the motion from the official record. The Chairman shall then call for discussion. Voluntary Amendment to a Motion: At any time before the question is called on a pending motion, the Commissioner who made the motion may ask that his/her motion be amended. At the time of the amendment, he/she shall clearly state the amendment, and the amendment shall be read back by the Clerk. If the Commissioner who seconded the vote agrees, then the motion shall be considered amended voluntarily. No more than one amendment to an amendment shall be permitted. Involuntary Amendment to a Motion: At any time before the question is called on a pending motion. a Commissioner may make a motion to amend the motion. At that time the discussion of the underlying issue will stop. If there is not a second to the motion to amend, then discussion on the underlying isal~e will continue. If there is a second to the motion to amend, then all discussion wilFOoe confined to the motion to amend, and there shall be a vote on the motion to amend. If the motion to amend is adopted by a majority of the Commission, discussion will continue on the (now) amended motion. If the motion to amend fails, discussion will continue on the original motion on the floor. No more than one amendment to an amendment shall be permitted. 12. 13. 14. 15. 16. Voluntary Withdrawal of a Motion: At any time before the question is called on a pending motion, the Commissioner who made the motion may ask that his/her motion be withdrawn. The motion will be withdrawn only in the event that the Commissioner who seconded the motion agrees with withdrawal of the motion. Calling the Ouestion: Discussion shall end at the time the question is called, or at the time the Chairman determines that there is no further discussion desired by any Commissioner. The Chairman shall direct the Clerk to read the motion, and the Clerk shall read the motion as made or mended. The only persons who can object to the form of the motion at this time are the Commissioners who made and seconded the motion. If there is a conflict as to whether the motion as read is the motion as intended, the matter will revert to further discussion until the discrepancy is corrected. Takin*, the Vote: The Chairman shall ask Commissioners to designate his/her vote by announcing "aye" or "nay". If, prior to the vote or after the vote, any Commissioner requests a roll call vote, the Clerk shall call roll, and each Commissioner shall state his/her vote aloud. Announcin~ the Result of the Vote: After the vote, the Clerk shall announce whether the motion failed or passed. If the vote was unanimous the Clerk shall so state, and if it was not, the Clerk shall state the individual votes for the record, stating the number of "aye" and "nay" votes. If any Commissioner disagrees with the vote as read back by the Clerk, he/she shall immediately request a clarification or roll call vote. After the Clerk reads back the individual votes, silence by any Commissioner displays his/her agreement with the vote as read. Tie Votes: In the case of a tie in votes on any motion, the motion shall be considered lost. Adopted July 18, 1995, Re.solutkm No, 95.35 AGENDA (date) I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. INVOCATION/MOMENT OF SILENCE IV. ROLL CALL V. APPROVAL OF AGENDA VI. ACCEPTANCE OF MINUTES 1. (List Minutes to be accepted) VII. CALL TO THE PUBLIC At this time, any member of the public is allowed to address the Planning & Zoning Commission on any issue not already on tonight's agoda. The speaker may have up to three (3) minutes to speak. Any persons wishing to address the Comrmssion must complete a speaker card (located at the rear of the Commission Chambers) and deliver it to the Clerk prior ta this agenda item being called. Pursuant to the Arizona Open Meeting Law, the speakefts comments may not be considered, discussed, or even answered by the Commission at this meeting, but may, at the discretion of the Town, be placed on a future agenda for discussion/action. GENERAL ORDER OF BUSINESS A. Consent Agenda The consent agenda contains agenda items requiring action by the Commission which are generally routine items not requiring Commission discussion. A single motion will approve all items the consent agenda, including any resolutions or ordinances. A Cornnnssioner may remove any issue from the consent agenda, and that issue will be discussed and voted upon separately, immediately tollowing the consent agenda. 1. (First item) 2. (Second item, etc.) B. Public Hearinc and Commission Action - (This is an example of a public hearing agenda item.) C. (Next agenda item, etc.) D. Executive Session pursuant to A.R.S. §38-431.03(A)(4) for discussion and consultation with the Town Attorney fqv legal advise regarding (issue). CI'his is an example of an executive session VIII. E. Planning Administrator's Report IX. FUTURE AGENDA ITEMS Adopted July 18. 1995. Resellmitre No. 95.~5 X. ADJOURNMENT Chairman