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HomeMy WebLinkAboutNo. 2282 temporarily establishing a procedure for the conduct of public hearingsRESOLUTION NO. 2282 • A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION TEMPORARILY ESTABLISHING A PROCEDURE FOR THE CONDUCT OF PUBLIC HEARINGS WHEREAS, under the authority c Redevelopment Commission (Commission Bend Department of Redevelopment; and I.C. 36-7-14-1 et seq., the South Bend is the governing body of the City of South WHEREAS, in accordance with I.C. 36-7-14-8, the Commission may adopt the rules and bylaws it considers necessary for the proper conduct of its proceedings and the carrying out of its duties; and WHEREAS, from time-to-time, the Commission is required to hold public hearings and to receive comments from the public concerning various actions proposed to be taken by the Commission; and WHEREAS, the Commission desires to establish and adopt certain rules that the Commission considers to be necessary for the proper and orderly conduct of public hearings in order to facilitate the Commission in the carrying out of its duties; and WHEREAS, upon a determination by the Commission that such rules do in fact effectively provide for the proper conduct of its proceedings, the Commission desires to then take action by separate resolution to adopt said rules as an amendment to its Bylaws. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION 1. The Commission hereby temporarily establishes the following rules and procedure for those actions to be taken by the Commission which require formal public hearing: A. The Director shall distribute copies of any written statements received regarding a proposed resolution to the Commission before the meeting during which the public hearing on the proposed resolution is scheduled to be conducted. B. At each regular and special meeting during which a public hearing on a proposed resolution is scheduled to be conducted, the presiding officer shall announce that copies of a written statement of the Commission's procedure for a public hearing are available to the public on sheets which are located next to copies of the Commission meeting agenda. This shall be done immediately prior to the hearing for the first resolution scheduled for public hearing. • C. The following procedure shall apply to each public hearing: (1) The Director shall read the resolution by title only. 1 (2) A Redevelopment Department staff person (the "Presenter") shall present a report on the resolution, which report shall not be subject to a time limitation. (3) Commissioners shall have the right to ask preliminary questions of the Presenter immediately following the close of the report. (4) If written statements which in the Director's judgment are in support of the resolution have been received, the Director shall state for the record (a) that copies of all such statements were distributed to the Commission prior to the public hearing and (b) the name and address of the sender of each such written statement. (5) Members of the public supporting the resolution shall have the opportunity to speak before the Commission. Each such member of the public shall be required to state his or her name and residential address prior to making remarks in support of the resolution. In some instances, each such member of the public may also be required to sign a sheet at the public podium which calls for the listing of his or her name and residential address prior to speaking. Each member of the public speaking in favor of the resolution shall be limited to five (5) minutes for his or her remarks. (6) If written statements which in the Director's judgment are in opposition to the resolution have been received, the Director shall state for the record (a) that copies of all such statements were distributed to the Commission prior to the public hearing and (b) the name and address of the sender of each such written statement. The Director also shall record each such statement as a written remonstrance received. (7) Members of the public in opposition to the resolution shall have the opportunity to speak before the Commission. Each such member of the public shall be required to state his or her name and residential address prior to making remarks in opposition to the resolution. In some instances, each such member of the public may also be required to sign a sheet at the public podium which calls for the listing of his or her name and residential address prior to speaking. Each member of the public speaking in opposition to a resolution shall be limited to five (5) minutes for his or her remarks. (8) The Presenter shall be allowed a five (5) minute rebuttal period, after which the public portion of the hearing shall be closed. (9) Following the public portion of the hearing, the Commission portion of the hearing shall take place. During the Commission portion, Commissioners may ask questions, debate, and make motion(s) on the resolution. Each resolution must have a motion addressing its disposition approved before the conclusion of the public hearing. 2. The Commission expressly reserves the right to modify this procedure as it deems necessary to facilitate the Commission in the carrying out of its duties. 3. The Commission will advise members of the public of the Commission s procedure for the conduct of its public hearings by making available a written copy of this resolution to persons attending its meetings and by verbally advising members of the public in attendance of the Commission s procedure at all meetings at which a public hearing is scheduled to be conducted. 4. Upon proper evaluation and a determination that the temporary procedure established by this resolution does in fact effectively provide for the proper conduct of Commission proceedings, the Commission hereby expresses its intent to formally adopt such procedure, as amended or modified if necessary, by way of an amendment to the Commission s Bylaws. 5. This Resolution shall be in full force and effect upon its adoption by the South Bend Redevelopment Commission. ADOPTED at a meeting of the South Bend Redevelopment Commission held on December 1, 2006, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. • ATTEST: Gregory S. Downes, Secretary t SOUTH BEND REDEVELOPMENT COMMISSION