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HomeMy WebLinkAbout2014-03-12 PACKET 07.4.CITY OF COTTAGE GROVE ENVIRONMENTAL COMMISSION 2014 BYLAWS A. Authority 1. State of Minnesota — Municipal Planning Act as amended. 2. Name — The official name of this Commission is the Environmental Commission of the City of Cottage Grove, hereafter referred to as the Environmental Commission and is authorized to adopt rules of procedure according to Title 2 -1 -8 of the City Code of the City of Cottage Grove, Washington County, State of Minnesota. 3. Governing Regulations — The laws of the State of Minnesota and the ordinances of the City of Cottage Grove supersede any part of these rules. 4. Rules of Order — In matters not covered in these rules of procedure, the conduct of the Environmental Commission shall be guided by "Robert's Rules of Order, Newly Revised." 5. Open Meeting Law — The Environmental Commission and all Committees thereof shall be subject to the Minnesota Open Meeting Law. B. Enablement and Amendments 1. These rules of procedure, hereafter referred to as the Rules, shall take effect upon adop- tion only by an affirmative vote of five (5) members of entire Environmental Commission appointed at the time. 2. These rules may be amended only at regular meetings of the Environmental Commission and by not less than 2/3 of the Commission members consenting to any amendment, and with any amendment to these rules receiving consideration for at least two (2) consecu- tive regular meetings before adoption and inclusion in these rules. Amendments will normally be given consideration at the annual Environmental Commission organizational meeting. C. Purpose 1. The primary purpose and duties of the Environmental Commission shall be to: A. The Environmental Commission will advise the city on issues stemming from data assembled by and released from the following organizations: 1. Environmental Protection Agency (EPA) such as toxic release inventory data (TRI); 2014 Environmental Commission Rules Page 2 of 9 2. Minnesota Pollution Control Agency (MPCA); 3. Minnesota Department of Health (MDH); 4. The Minnesota Department of Natural Resources (Mn /DNR); or 5. Any other federal or state agency tasked with addressing environmental issues as they relate to health and safety. B. The Environmental Commission shall seek to advise the city on issues of environ- mental equity, environmental safety and environmental health. The commission will: 1. Act as a conduit for information and education of Cottage Grove residents and government officials on issues affecting the city's environmental health and well being; 2. Act as an advocate for the environmental cleanup and prevention of pollution within the city; 3. Promote sustainable development in Cottage Grove and sustainable city opera- tions; 4. Act in partnership with other agencies and organizations to promote policies and practices that impact the well being of Cottage Grove residents; 5. Act in partnership with other agencies and organizations to promote policies and practices that impact the well being of Cottage Grove businesses; 6. Act as environmental ambassadors to promote Cottage Grove as forward thinking and acting on environmental issues; 7. Advise the mayor and city council on proposed legislation and policies that impact Cottage Grove and its environment; 8. Advocate for the full enforcement of environmental laws; 9. Engage in public and community relations activities; 10. Recommend annual goals and an annual environmental action plan for the city of Cottage Grove. (Ord. 874, 2 -17 -2010) 2. The Environmental Commission shall consider and report on every matter referred to the Commission by the City Council. D. Membership 1. Number and Term — The Commission shall consist of nine (9) members, each appointed by the City Council for terms of two (2) years, beginning March 1. No Environmental Commission member may serve more than three consecutive terms. Appointments to fill vacancies shall be only for the unexpired portion of such vacancy; filling an unexpired term of one year or less shall not be counted against the limit of three consecutive terms. 2. Qualifications — All members of the Commission must meet the following qualifications: a. Each Environmental Commission member shall be a resident of the City. b. Membership of the Environmental Commission shall reflect a diversity of viewpoints regarding the appropriate level of environmental regulation in the city of Cottage Grove. Commissioners shall be persons actively engaged in or familiar with activities 2014 Environmental Commission Rules Page 3 of 9 and /or programs relating to improving the environment and environmental health of Cottage Grove and its residents. 3. Attendance and Resignation a. Resignation from the Environmental Commission shall be in writing to the Chair of the Environmental Commission who will notify the City Council and request a new appointment. b. Absence From Meetings: Unexcused absence from three (3) consecutive regular meetings of the Commission or four (4) regular meetings in any one year period (beginning March 1) shall be deemed to constitute a resignation of a member, and the vacancy thus created shall be filled thereafter. To be excused, an absence must be requested in writing by the affected member, granted by the commission chairperson (or the vice chair if the chairperson makes the request) and the council liaison and filed with the city clerk. Absences may be excused for extenuating circumstances that prevent the member's attendance, such as business demands, state of health, or personal emergencies. (Ord. 694, 5 -2 -2001) c. Removal of Members: The council shall, by majority vote, have the authority to re- move any member of the Commission from office whenever in its discretion the best interest of the city shall be served thereby. A member removed from office shall, upon request, have a right of appeal before the council. (1971 Code § 2 -46) 4. Ex- Officio Members — Ex officio members of the Environmental Commission, who shall be nonvoting members, shall be the Mayor and members of the City Council. The Council or Environmental Commission chairperson may appoint ex officio, nonvoting members to the Environmental Commission when such appointment, in the sole discretion of the ap- pointing authority, is deemed beneficial to aiding the Environmental Commission to fulfill its assigned duties, such ex officio member to serve for a term designated by the ap- pointing authority. (1971 Code § 2 -44; amd. 2000 Code) E. Procedures 1. Meetings a. Annual Meeting — The Commission shall have the annual meeting at the first regular meeting in March of each year, at which time appointments shall be received, officers elected, rules adopted, committees appointed, and such other business transacted as the Environmental Commission decides. b. Regular Meetings — The Environmental Commission shall have regular meetings on the second Wednesday of each month at 7:00 p.m. The Environmental Commission may elect not to consider any item of new business on the agenda after 9:00 p.m. c. Special Meetings — The Commission may hold special meetings, any time outside of the regular meetings by: 1) the call of the Chair of the Commission, 2) by petition of four (4) commission members, or 3) the call of the City Council. Special meetings 2014 Environmental Commission Rules Page 4 of 9 shall require notice to all commission members in writing and mailed at least five days prior to such meeting or personal notice at least twenty -four (24) hours in advance. 2. Quorum and Voting a. A simple majority of the appointed and voting members shall constitute a quorum for any meeting of the Environmental Commission. b. A majority of the Environmental Commission present and voting shall decide all ques- tions excepting extra requirements for amending the Rules, suspending the Rules, and regulations superseding the Rules. c. A roll call vote shall be taken when there is division on any question. The members shall be polled with the Chair voting last. d. Every member shall vote for or against the motions before the Environmental Com- mission, unless he /she has declared a conflict of interest or by a majority vote of the Environmental Commission members present a member is determined to be imme- diately in the question, in which case the member shall not vote. e. When a member declines to vote on a motion, he /she shall be required to give his /her reasons. The Chair then will put the question to the Environmental Commission, "Shall the member, for the reasons given by him /her, be excused from voting ?" which shall be decided without debate. f. The order of voting on the previous question shall each be voted upon in reverse order of receiving the amendments and then upon the main question. KM LTA re 0=0 a. No motion shall be debated until there is a second to the motion. b. No motion shall debated until that motion is restated by the Chair or upon the direction of the Chair restated by the recording staff from his /her notes. c. A motion to adjourn shall always be in order except during roll call. When a motion to adjourn is made, it shall be in order for the Chair to permit any member to state any fact to the Environmental Commission relative to the condition or amount of business before the Environmental Commission which would seem to render it improper to ad- journ at that time. Such statement, however, shall not be debatable and shall not in any case, occupy more than two (2) minutes. d. A motion to adjourn shall always be in order, also a motion to adjourn to a time cer- tain. The latter motion is debatable. When either motion is rejected, it shall not be renewed until further business has been transacted or further discussion has taken place. 2014 Environmental Commission Rules Page 5 of 9 e. After a motion is stated by the Chair or read by the recording staff, it shall be consi- dered to be in possession of the Environmental Commission, but may be withdrawn by the author at any time before decision or amendment. f. A motion or amendment shall be written out and presented to the Environmental Commission if the Chair, the recording staff, or any members so request. g. When a question has once been made and carried in the affirmative or negative, it shall be in order for any member who voted with the prevailing side to move for the reconsideration thereof; but no motion for the reconsideration of any vote shall be in order after the motion, resolution, report, or other official action upon which the vote was taken shall have gone to the Council, announcing the Environmental Commission decision. h. Precedence of Motions — When a question is under debate, no motion shall be received, but: 1) To adjourn to a time certain. 2) To adjourn. 3) To lay on the table. 4) Call for the question. Motions 2, 3, and 4 shall be decided without debate. 5) To commit to committee. 6) To postpone to a certain day. 7) To amend, or 8) To postpone indefinitely The above motions shall have precedence in order from 1 through 8. 4. Agenda and Order of Business a. The business at a regular meeting shall include such items as: a Call to Order a Roll Call for Attendance a Approval of Agenda a Open Forum a Additional Agenda Items a New Business a Old Business a Other Items a Secretary's Report (minutes, agenda, etc.) a Staff Reports a Committee Reports a Non - agenda Items a Commission Comments and Requests a Adjournment 2014 Environmental Commission Rules Page 6 of 9 5. Initiation of Business a. The City Council may direct other business to the consideration of the Environmental Commission for report to the City Council. b. The Environmental Commission may initiate any business within the laws of the State of Minnesota and the ordinances of the City of Cottage Grove. 6. Types of Action by the Environmental Commission a. All recommendations of the Environmental Commission are subject to review and final action by the City Council. b. Adoption of and changes to the Rules. In accordance with Item B, Enablement and Amendments, noted herein. c. Adoption of and changes to motions of the Environmental Commission with the direc- tion or recommendation within the authority of the Commission. d. Initiation of studies on matters within the authority of the Environmental Commission with reports to the Environmental Commission required of every committee or sub- committee of all activities and results. 7. Public Participation a. All meetings of the Commission are open to the Public. b. If the applicant is not present, the item may be moved to the end of the agenda. If the applicant has not arrived, the item may be continued to the next available public hearing. F. Officers 1. Officers — The officers of the Environmental Commission for 2011 shall be and their duties shall include: a. Chair 1) Shall preside over the Environmental Commission, and be charged with all powers and duties pertaining to such presiding officers. 2) Shall preserve order and decorum, and in case of disorderly conduct or distur- bance in the audience, may order the area to be cleared. 3) Shall have general control, except as provided by rule or law of the portion of the municipal building being used by the Environmental Commission at the time of Environmental Commission meetings. 2014 Environmental Commission Rules Page 7 of 9 4) Shall from time to time represent the Environmental Commission at City Council meetings, other organizations and to the public, subject to the implied direction set by the Environmental Commission and representing both majority and minority points of view on applicable issues. 5) Shall appoint members to the committees of the Environmental Commission, if necessary. 6) Shall appoint acting officers of the Environmental Commission and to generally supervise and direct the work of the Commission. 7) May prepare and present an annual report to the City Council. b. Vice -Chair 1) During the absence, disability, or disqualification of the Chair, the Vice -Chair shall exercise or perform all the duties and be subject to all the responsibilities of the Chair. c. Secretary 1) Shall ensure minutes and records are kept of all proceedings of the Environmental Commission. 2) Shall ensure attendance records are kept of the official meetings and report his /her findings to the City Council prior to the first regular City Council meeting in January of each year. 3) Shall serve as Acting Chair of the Environmental Commission in the absence of the Chair and Vice Chair. 2. Appointment and Election of Officers a. Chair — The Chair of the Environmental Commission is appointed by the City Council. b. Term — Each officer shall be elected by the Environmental Commission at the annual meeting to serve a term of one (1) year or until a successor is duly elected. c. Vacancy — Should any officer, other than the Chair, vacate his /her office by resigna- tion or other valid reason, the Chair may appoint a member to act in and carry out the duties of the vacated office until the Environmental Commission fills the vacancy by election. 3. Appointment of Environmental Commission Members a. Notify other city commissions of openings. b. Contact and invite interested citizens. 2014 Environmental Commission Rules Page 8 of 9 c. All applications of citizens interested in serving on a commission will be kept on file in the office of the Administrator for at least two (2) years and shall be shared with all other city commissions. d. The Environmental Commission Chair or appropriate Commission Officer and the City Council liaison will interview candidates and make recommendations to the City Council. G. Committees 1. General Provisions a. Types of Committees — The Environmental Commission or the Chair of the Commis- sion may direct the appointment of standing and special committees. b. Appointments — The Chair of the Environmental Commission shall appoint members of the Environmental Commission to committees subject to the approval of the Envi- ronmental Commission and the consent of each member for the committee on which he /she is to serve. c. Substitutes — The Chair of the Environmental Commission or the Chair of the Commit- tee may appoint substitute and additional commission members subject to the appointment procedures of these Rules. d. Attendance — All meetings of any committee are open to any member of the Environ- mental Commission; all members of the Environmental Commission shall be notified of Committee meetings. e. Committee Actions 1) Committees shall work on assignments as directed by the Environmental Commis- sion, the Rules Committee, the Chair of the Environmental Commission, or the City Council. 2) All committee chairs shall file written reports or minutes as directed by the Environ- mental Commission or as requested by the Secretary or recording staff for histori- cal background on issues. 3) All committees may appoint special sub - committees for specific purposes. 2. Standina Committees a. Service — Standing committees may be appointed at each annual meeting and may serve in a permanent status during the following year. b. Quorum — Each standing committee must have a quorum of two (2) members to tran- sact business. 2014 Environmental Commission Rules Page 9 of 9 3. Special Committees & Liaisons a. Special committees for specific purposes may be appointed by the Commission or the Chair of the Commission, subject to the appointment procedures of these Rules, to serve for less than a period of one (1) year or until a project is completed. Adopted this day of , 2014 by the City of Cottage Grove Environmental Commission.