A. Rules And Procedures: The following rules and procedures are supplementary to the act and shall govern the committee:
1. Chairperson Responsibilities And Duties: The chairperson shall supervise the affairs of the committee, preside at all meetings subject to the powers granted to the hearing officer(s) at a public hearing, set meeting and hearing dates and times and decide points of order. The chairperson shall be the only committee member to respond to written and verbal communications.
2. Acting Chairperson: In the absence of the chairperson, an acting chairperson shall perform all the duties and exercise all the powers of the chairperson.
3. Court Reporter: A court reporter shall be employed by the committee and shall be present at all public hearings and shall provide the committee with a certified transcript of the hearing as soon as possible.
4. Secretary: The city may employ a secretary to assist the hearing officer(s) during the hearing process.
5. Meetings, Hearings, Quorum: All meetings and hearings of the committee shall be pursuant to the open meetings act. One member present at any meeting or hearing shall constitute a quorum. In the absence of the chairperson, those members present shall elect one of their own as the acting chairperson.
6. Hearing Officer: For any public hearing concerning an application for site approval of a facility, the committee may appoint a hearing officer or officers. The hearing officer shall serve at the pleasure of the committee.
7. Notices: Notice shall be given pursuant to this chapter and the act. All notices shall contain the following information:
a. The name and address of the applicant requesting site location approval.
b. The owner of the site; if ownership is in a land trust, the names and addresses of the beneficiaries of the trust shall be stated.
c. The legal description of the site, street address and property identification number(s) (PIN). If there is no street address, a description of the site with reference to location, ownership or occupancy or in some other manner that will reasonably identify the property.
d. The nature and size of the proposed facility.
e. The nature of the activity at the proposed facility.
f. The probable life of the proposed facility.
g. The date, time and location of the public hearing.
h. A statement that the application is available to the public in the office of the city clerk and that copies of the application are available for purchase at the cost charged by the city for freedom of information act requests.
B. Conduct Of The Hearing:
1. The applicant shall have the burden of presenting evidence on the suitability of the proposed site.
2. The applicant may appear on his/her behalf, or be represented by counsel or agent at the hearing.
3. The committee shall hear testimony from the applicant and/or any witnesses the applicant may call. Upon the close of the applicant's testimony, evidence and any objectors, the city may present any witnesses and evidence it may wish to present, unless the city is the applicant. The hearing officer shall decide the order of the presentation of testimony subject to these rules.
4. All witnesses shall testify under oath. Testimony may include the use of exhibits. All witnesses shall be subject to reasonable examination as follows: direct, cross, redirect, recross, etc.
5. The hearing officer may exclude irrelevant, immaterial, incomplete or unduly repetitious testimony or other evidence. The hearing officer shall rule on all questions relating to the admissibility of evidence. These rulings shall not be appealable to the city council.
C. Recommended Committee Hearing Procedure:
1. Call to order.
2. Introduction of the committee members and hearing officer(s).
3. Recognition of the applicant and identification of the application.
4. Recognition of fees, notices and the date the application was filed.
5. Recognition of the city and other parties wishing to present evidence and/or cross examination. All parties wishing to present evidence or cross examine any witnesses must sign in or submit written notification of said intent in the office of the city clerk on or before the first date of the hearing. If the hearing should extend beyond one session, no additional parties shall be allowed to testify or cross examine.
6. Presentation of testimony.
7. Public comment, subject to limitations imposed by the hearing officer.
8. Summary statements by the applicant, city and other parties, subject to the limitations imposed by the hearing officer(s).
9. Adjourn and declare hearing closed.
D. Committee Recommendation: After the public hearing has adjourned the committee shall hold a public meeting for making its recommendation to the city council. No further evidence, testimony or input shall be received at the meeting. Findings and the recommendation shall be pursuant to section 2-15-5 of this chapter.
E. Waiver Of Rules: In order to ensure fundamental fairness, compliance with the act and to protect the public interest, the committee, by majority vote of the members present and voting, may waive any of the rules and procedures stated herein. (Ord. 6769, 9-24-2003)