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HomeMy WebLinkAboutMinutes 02/03/2009 BYLAWS of THE CITY OF PORT ANGELES, WASHINGTON PLANNING COMMISSION ARTICLE I - NAME Section 1. Name The official name of the organization shall be "The City of Port Angeles, Washington, Planning Commission." ARTICLE II - OFFICIAL SEAT Section 1. Official Seat The official seat of the Planning Commission shall be in the City Hall of Port Angeles, Washington, 321 East Fifth Street, and meetings shall be held there except on such occasions and at such times as the Commission may, by a majority vote of those present at any regular, recessed, or special meeting, otherwise direct. ARTICLE III - OFFICERS Section 1. Officers The elective officers of the Planning Commission shall consist of a Chair and Vice-Chair. Section 2. Nomination and Election of Officers Nomination of elective officers shall be made from the floor at the annual election meeting which shall be held at the last regular meeting of February of each year. The election shall follow immediately thereafter. Officers shall be nominated and elected from the appointed members only. A nominee receiving a majority vote of those present at the election meeting shall be declared elected. Section 3. Terms of Officers The term of office for elective officers shall start on March 1st and shall continue for a term of one year. Elective officers shall not serve consecutive terms in the same office. Section 4. Vacancies in Offices Vacancies in elective officers shall be filled immediately by regular election procedure for the unexpired portion of the term. -1- As amended: 4-28-04; 2-23-76; 4-11-77; 8-23-78; 5-23-79; 1-19-88; 3-16-90; 4-25-90; 4-29-90; 6- 23-93; 1/12/94. Section 5. Duties of Officers (a)Chair The Chair shall preside at all meetings and public hearings of the Planning Commission and shall call special meetings when he/she deems it necessary or is required to do so. He/she shall appoint all committees, shall be an ex-officio member of each, without the power to vote. He/she shall certify the expenditure of Planning Commission funds and shall sign the minutes of Planning Commission meetings and all official papers and plans involving the authority of the Planning Commission which are transmitted to the City Council. The Chair shall have the privilege of discussing all matters before the Planning Commission and voting thereon. He/she shall have all the duties normally conferred by parliamentary usage on such officers and shall perform such other duties as may be ordered by the Planning Commission except as otherwise provided in these Bylaws, in other Planning Commission regulations, or in City Ordinances. (b)Vice-Chair The Vice-Chair shall assume the duties and powers of the Chair in his or her absence. If the Chair and Vice-Chair are both absent, the Planning Commission members may elect a temporary chair by a majority vote of those present at a regular, recessed, or special meeting, who shall assume the duties and powers of the Chair and Vice-Chair during their absence. It shall be the responsibility of the Vice-Chairman, as well as the Chairman, to take the lead in promoting effective public relations in the development and implementation of a Comprehensive Plan for the City and ordinances and regulations related thereto. (c)Executive Secretary The Executive Secretary shall keep the minutes of all regular, recessed, and special meetings of the Planning Commission; such minutes shall be approved by the Planning Commission. He/she shall also keep the minutes of Planning Commission committee meetings when requested to do so. He/she shall give notice of all regular and special meetings to Planning Commission members, shall prepare with the Chair the agenda of regular and special meetings, shall serve proper and legal notice of all public hearings, and shall draft and sign the routine correspondence of the Planning Commission. The Executive Secretary shall maintain a file of all studies, plans, reports, recommendations, and official records of the Planning Commission and perform such other duties as are normally carried out by a secretary and as the Planning Commission may determine. The Planning Commission may designate a member of the staff to perform the duties of the Executive Secretary under the Planning Commission supervision. -2- As amended: 2-23-76; 4-11-77; 8-23-78; 5-23-79; 1-19-88; 3-16-90; 4-25-90; 4-29-90; 6-23-93; 1/12/94. ARTICLE IV - MEETINGS Section 1. Regular Meetings: Time and Place Regular monthly meetings shall be held on the second and fourth Wednesdays of each month beginning at 6:00 P.M. in City Hall except as otherwise designated by the Planning Commission. Any change in the hour, date, and place of regular meetings shall be given wide publicity for the convenience of persons having business before the Commission. When the regular meeting day falls on a legal holiday, the replacement date will be designated by the Planning Commission. Section 2. Recessed Meetings Any regular meeting may be recessed to a definite time, place, and date by a majority vote of the Planning Commission members present at the meeting. Section 3. Special Meetings Special meetings may be called by the Chair. Special meetings must be called upon the written request of any three members of the Planning Commission. Section 4. Notice of Meetings Notice of all regular and special meetings shall be given by the Executive Secretary to the members of the Planning Commission in accordance with current RCWs. Notice of all regular meetings shall be at least 4 days (96 hours) prior to the meeting. Notice to members of the Planning Commission of all special meetings shall be at least 2 days (48 hours) prior to the meeting. Land use notices shall be according to PAMC Chapter 17. In addition to the giving of the notice of all special meetings to the members of the Planning Commission, notice shall also be given to each local newspaper of general circulation in the City of Port Angeles and to each radio station and television station serving the City of Port Angeles. Said notice shall be delivered personally or received by mail at least 24 hours before the time of the meeting specified in the notice. The notice shall state the time and place of the meeting and the business to be transacted and final disposition shall not be taken on any other matter at such meeting by the Commission. -3- As amended: 2-23-76; 4-11-77; 8-23-78; 5-23-79; 1-19-88; 3-16-90; 4-25-90; 4-29-90; 6-23-93; 1/12/94. The written notice provided for herein to be given to any member of the Planning Commission may be dispensed with as to any member who at or prior to the time the meeting convenes files with the secretary of the Commission a written waiver of notice. The notice may also be dispensed with as to any member who was actually present at the meeting at the time the special meeting convenes. The notices provided herein for a special meeting may be dispensed with in the event this meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage. The agenda of all regular meetings shall be closed on Monday at the close of business four weeks prior to the following regular Wednesday meeting of the Planning Commission except that urgent matters may be inserted on the agenda later at the discretion of the Chairman. Petitions and communications from the audience and matters brought to the meeting by the Planning Staff and Commission members, which are not on the agenda for the meeting, may be received and discussed at the meeting. However, no official action may be taken on any matter at a Planning Commission meeting which is not included on the agenda for that meeting or which has been added to the agenda after it has been received by the Planning Commission members except that this requirement may be suspended at any meeting by the unanimous vote of the members present at the meeting. Section 5. Order of Business - Regular Meeting for Administra- tive, Routine, and Hearing- Type Matters (a)Call to order by Chair (b)Roll call (c)Approval of minutes of preceding meeting (d)Public hearings (e)Regular business (f)Petitions and communications from audience (g)Written communications (h)Reports from Planning Commission members and committees (i)Staff reports (j)Communications from Planning Commission members (k)Adjourn Section 6. Order of Business - Regular Meeting for Discussion of Matters Related to Comprehensive Planning (a)Call to order by Chair (b)Roll call (c)Approval of minutes of preceding meeting (d)Staff reports (e)Reports from Planning Commission members and committees -4- As amended: 2-23-76; 4-11-77; 8-23-78; 5-23-79; 1-19-88; 3-16-90; 4-25-90; 4-29-90; 6-23-93; 1/12/94. (f)Communications from audience (related to comprehensive planning only) (g)Communications from Planning Commission members (h)Adjourn Section 7. Operational Guidelines A.All requests and applications on zoning, conditional uses, annexations, and vacations will be tabled if the applicant or an authorized representative is not present at the hearing on the request or application. B.All requests and applications will be tabled if all essen tial information is not provided to the Planning Department staff by Wednesday at the close of business, one week prior to the regular Wednesday meetings of the Planning Commission for timely analysis and inclusion into the Commissioners information packets. C.All requests and applications requiring legal opinion or interpretation will be tabled until the Planning Commission has received an opinion or interpretation from the City Attorney. D.The Commission shall act as a body in making its decisions and in announcing them. E.Willful misrepresentation of information pertaining to a request or application will void that request or application upon discovery of the misrepresentation. F.The Planning Commission will not commence a new hearing after 10 P.M. unless agreed upon by the Planning Commission. Section 8. Public Hearing Procedure (a)Chair reviews the application orally. Planning Staff adds any related or background information. Commissioners are permitted to ask the Chair or staff any relevant questions about the application. The public hearing will be opened with a brief explanation of the procedures to be followed and identification of the proposal to be considered. Members of the audience who wish to speak are encouraged to register. Any petitions and data shall be presented and marked as an exhibit. (b)The spokesperson for proponents in the audience shall be given an opportunity to speak in favor of the application. Information submitted should be factual, relevant, and not merely duplication of previous presentation(s). A reasonable time (10 minutes) shall be allowed the spokesman; others shall be limited to short supporting remarks (5 minutes). Each person speaking shall give his or her name, address, and nature of the interest in the matter. The Chair may allow additional public testimony if the issue warrants it. -5- As amended: 2-23-76; 4-11-77; 8-23-78; 5-23-79; 1-19-88; 3-16-90; 4-25-90; 4-29-90; 6-23-93; 1/12/94. (c)The spokesperson for opponents in the audience shall be given an opportunity to speak against the application. Information submitted should be factual, relevant, and not merely duplication of previous presentation. A reasonable time (10 minutes) shall be allowed the spokesman; others shall be limited to short supporting remarks (5 minutes). Each person speaking shall give his or her name, address, and nature of the interest in the matter. The Chair may allow additional public testimony if the issue warrants it. (d)Other interested parties shall be allowed to comment briefly (5 minutes) or make inquiries. Planning staff presents technical analysis, reviews planning considerations and basic policy, cites possible alternatives, and makes recommendations, if any. The Chair may allow additional public testimony if the issue warrants it. (e)There can be a brief rebuttal (5 minutes) for proponents and opponents each heard separately and consecutively, with presentation limited to their spokesperson. The rebuttal shall be limited to factual statements pertaining to previous testimony. The Chair may allow additional public testimony if the issue warrants it. (f)The public hearing is closed. Commissioners voice their considerations and pose any relevant questions through the Chair. The Chair questions proper parties for answers. (g)Motion for disposition. Section 9. Quorum Four members of the Planning Commission shall constitute a quorum for the transaction of business and the taking of official action. Section 10. Motions Motions shall be restated by the Chair before a vote is taken. The names of the members making and seconding a motion shall be recorded in the minutes of the meeting. Section 11. Voting Any action taken by a majority of those present, when those present constitute a quorum, at any regular, recessed, or special meeting of the Planning Commission shall be deemed and taken as the action of the Commission except that any proposed change of the Zoning Map must be approved by a majority of the total membership of the Planning Commission. Voting on amendments to the Zoning Ordinance and Map, all matters requiring a public hearing before the Planning Commission, and all matters referred to the Planning Commission by the City Council shall be by roll call vote; and the vote of each member shall be recorded in the minutes of the meeting. -6- As amended: 2-23-76; 4-11-77; 8-23-78; 5-23-79; 1-19-88; 3-16-90; 4-25-90; 4-29-90; 6-23-93; 1/12/94. Section 12. Staff Reports On all matters considered by the Planning Commission, the report and recommendations, if any, of the Planning staff shall be presented to the Commission and shall be recorded in the minutes of the meeting. Section 13. Conflict of Interest Any member of the Planning Commission who has an interest in any matter before the Commission that would or could tend to prejudice his or her actions thereon, shall so publicly indicate this fact and shall abstain from voting or participating in any way in the Commission's action on that matter. Section 14. Attendance A.Attendance at regular meetings and executive sessions is expected of all Commission members. B.Any members anticipating absence from an official meeting or executive session shall notify the Chair or Executive Secretary in advance. C.Any absence may be excused by the Commission, even for an extended period, provided the absence is approved in advance. Section 15. Parliamentary Procedure Parliamentary procedure in Planning Commission meetings shall be governed by Roberts Rules of Order Newly Revised unless it is specifically provided otherwise in these Bylaws, in other Planning Commission resolutions, in City Ordinances, or in the State of Washington Planning Enabling Act (Chapter 35.63 RCW). Section 16. Public Nature of Meetings and Records All regular, recessed, and special meetings, hearings, records, and accounts shall be open to the public provided, however, executive sessions may be held by the Commission as provided in RCW 42.30.110. ARTICLE V - COMMITTEES Section 1. Establishment of Committees The Planning Commission may establish such standing or special committees as it deems advisable and assign each committee specific duties or functions. Each standing committee shall consist of 3 members. No standing or special committee shall have the power to commit the Planning Commission to the endorsement of any plan or program without the plan or program submitted and approved by the body of the Commission. -7- As amended: 2-23-76; 4-11-77; 8-23-78; 5-23-79; 1-19-88; 3-16-90; 4-25-90; 4-29-90; 6-23-93; 1/12/94. Section 2. Appointment and Terms of Committee Members The Chair of the Planning Commission shall appoint the members of each standing or special committee and shall name the chair of each committee. The members of each standing committee shall be appointed at the first regular meeting in July for a term of one year. Special committees may be appointed at such times and for such purposes and terms as the Planning Commission approves. Section 3. Committee Vacancies Vacancies on committees shall be filled immediately by the Chair of the Planning Commission for the unexpired portion of the term. Section 4. Meetings of Committees The committees shall meet at the call of the committee chairman; in addition the Chair of the Planning Commission shall also have the authority to call a special meeting of any committee at any time and upon such notice as he/she may specify. The Planning Staff shall issue notice of committee meetings at the request of a committee chair or the Planning Commission Chair. Section 5. Quorum and Voting The majority of the members appointed shall constitute a quorum of all committees. The affirmative vote of a majority of the committee membership shall be required for the adoption of a matter before the committee. ARTICLE VI - AMENDMENTS Section 1. Amendments These Bylaws may be amended at any regular meeting by the affirmative vote of five members of the Planning Commission provided that the proposed amendments have been submitted in writing at a previous meeting. G:\GROUP\CLERK\Plan Comm Bylaws.wpd -8- As amended: 2-23-76; 4-11-77; 8-23-78; 5-23-79; 1-19-88; 3-16-90; 4-25-90; 4-29-90; 6-23-93; 1/12/94.