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R-22-ARC-01VILLAGE OF DEERFIELD RESOLUTION NO. 2022-R-22 ARC-01 A RESOLUTION AMENDING THE RULES OF PROCEDURE FOR THE DEERFIELD APPEARANCE REVIEW COMMISSION WHEREAS, the Village of Deerfield ("Village") is a home rule municipality in accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970; and WHEREAS, the Village's Appearance Review Commission ("ARC') has previously adopted Rules of Procedure to govern the order and manner in which it conducts its meetings and public hearings; and WHEREAS, the ARC desires to amend its Rules of Procedure to keep its rules consistent with State law and to continue to provide for orderly and efficient meetings and public hearings; and WHEREAS, the ARC has determined that it will serve and be in the best interest of the Village and its residents to amend the Rules of Procedure in accordance with this Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE OF DEERFIELD APPEARANCE REVIEW COMMISSION, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the ARC. SECTION TWO: ADOPTION OF AMENDMENT. The ARC hereby amends and replaces its Rules and Procedures in their entirety with the Rules and Procedures attached to this Resolution in the form of Exhibit A, which are incorporated herein. SECTION THREE: EFFECTIVE DATE. This Resolution will be in full force and effect from and after its passage, approval, and publication in the manner provided by law. [SIGNATURE PAGE FOLLOWS] {00124425.1} AYES: Chaitman, Dunn, Flores, Golub, Mock NAYS: None ABSTAIN: None ABSENT: Moons, Schneider PASSED: January 24, 2022 APPROVED: January 25, 2022 RESOLUTION NO: R-22-ARC-01 Lisa Dunn, Chair ATTEST: Kent S. Street, Village Clerk {00124425.1} EXHIBIT A {00124425.1) RULES OF PROCEDURE FOR THE VILLAGE OF DEERFIELD APPEARANCE REVIEW COMMISSION Section 1— Meetin Ls A. Open Meetings Act. All meetings of the Commission will be scheduled and held, and notice thereof will be given, in the manner required by the Open Meetings Act, 5 ILCS 120/1 et seq. B. Regular Meetings. Regular meetings of the Commission established and published by the Commission in accordance with the Illinois Open Meetings Act. C. Special Meetings. Special or emergency meetings of the Commission may be called by the Chairperson of the Commission, a majority of the membership of the Commission, or by request of the Village President. D. Closed Meetings. The Commission may hold meetings or portions of meetings that are closed to the public only in accordance with applicable law. E. Notice of Absence. All members of the Commission must notify the Secretary, or his designee, if they are unable to attend any meeting of the Commission. Such notice will be provided as far in advance as is practical under the circumstances. F. Temporary. Chairperson. In the event that the Chairperson is absent from a meeting of the Commission, the Commission shall by motion select a temporary chairperson from among the members present, who shall serve in the role of the Chairperson for the duration of the meeting. G. Quorum. A quorum is four members of the Commission. H. Minutes. The Secretary of the Commission will keep minutes of its proceedings and keep records of its official actions. Section 2 — Order of Business/Agendas A. Establishing the Agenda. The Chairperson will establish the items to be included on the agenda for each meeting of the Commission. Each agenda shall be established in consultation with the Secretary. In establishing each agenda, the Chairperson and Secretary must consider the number of pending applications, the complexity of such applications, and any applicable time constraints for the proceeding of such applications, but in no event, without the prior consent of the Chairperson, will more than five applications be placed on an agenda for a meeting. B. Order of Business. In general, the order of business for each agenda will contain the following items in the following order: Call to order Performed by the Chairperson or temporary chairperson. {00124177.61 -1- 2. Roll Call Performed by Secretary or designee. 3. Consideration of minutes Consideration of any unapproved minutes of any previous Commission meetings. 4. Public Comment Opportunity for members of the public to speak on topics not otherwise appearing on the meeting agenda. 5. Pending Applications a. Continued applications and recommendations Consideration of applications for Certificate of Approval, sign modifications, or sign variations for which the public meeting has previously been conveyed and continued by the Commission. b. New applications Consideration of applications for Certificate of Approval, sign modifications, or sign variations for which no public meeting has previously been convened. 6. Items from Staff 7. Items from Commission 8. Adjourn C. Modification of Order of Business. The order of items on the agenda as distributed may be modified or rearranged by the Chairperson, for good cause shown, with the consent of the Commission. D. Distribution of Agenda and Related Materials. The agenda for each Commission meeting and all relevant materials prepared by applicants or Village staff will be distributed to each Commissioner by the Secretary. Section 3 — Conduct of Meetin s A. Robert's Rules of Order. Robert's Rules of Order Newly Revised, current edition, will govern the conduct of meetings of the Commission. However, Robert's Rules of Order will not govern where they conflict with these Rules of Procedure or other applicable law. {00124177.61 -2- B. Standards of Decorum. All Commissioners and all other attending meetings of the Commission must conduct themselves in a manner that is not disruptive to the business of the Commission. The Chairperson may indicate that persons who have become personally abusive or in other ways violate ordinary standards of decorum will be ruled out of order. C. Public Comment and Participation. Rules Governing Public Comment Time a. The agenda of each regular and special meeting of the Commission will include a reservation of time for public comment ("Public Comment Time"). b. Subject to rule 3.C.1.d, the Chairperson will recognize and allow to speak any person desiring to speak during Public Comment Time. C. Public Comment Time is in addition to, and does not replace, the opportunity for the public to speak during consideration on a specific application. d. If a person desires to speak during Public Comment Time about a matter that is the subject of its own agenda item at the same meeting, the Chairperson may require that the person speak about the matter during the agenda item instead of during Public Comment Time. If no public comment will be allowed during the specific agenda item, then the person will be allowed to speak about the matter during Public Comment Time. e. The total amount of time allocated for Public Comment Time at any meeting will not exceed 30 minutes, unless determined otherwise by the Chairperson. In the event that all persons desiring to speak during the Public Comment Time are not able to do so within the time limit allowed, the Chairperson may either extend the time allocated for Public Comment Time, or allow for continuation of Public Comment Time after the completion of all other matters on the agenda, or as the Commission may otherwise determine. f. No person may speak during Public Comment Time for more than three minutes, unless the Chairperson designates a longer or shorter time period. 2. Rules Governing Public Comment a. Each speaker should state his or her name and address in a clear manner so that it can be recorded in the minutes of the meeting. If a speaker chooses, they may decline to provide their address. b. If a speaker represents, or is speaking on behalf of, an individual, group, or association, the speaker must state the nature of the representation. 100124177.61 -3- C. In the interest of promoting the efficient conduct of public business, speakers should refrain from repeating their own testimony and comments, and should refrain from repeating testimony and comments that have been previously provided to the Commission by other individuals. d. Speaker time limits may be enforced by the Chairperson. e. No person should be discourteous, belligerent, threatening, disparaging, or otherwise uncivil. The Chairperson may limit the comments of any person who engages in such conduct. No person may continue to speak after the Chairperson has taken the floor from that person. f. All questions or statements from the floor should be directed to the Chairperson and the Commissioners. All others may be ruled out of order. g. No person may interrupt the proceedings of the Commission or cause any other form of disturbance or disruption. h. Any persons violating the standards of process and decorum set forth in these Rules may be evicted from the premises of the meeting at the order of the Chairperson or a majority of the Commissioners, or be subject to other action as deemed necessary by the Chairperson and the Commission. Any person will have the right at any time to provide written comments to the Commission by addressing those comments to: the Village of Deerfield, c/o Community Development, 850 Waukegan Road, Deerfield IL 60015, by delivering the comments via any of the following methods: i. by personal delivery to the front desk of the Village Hall between 8:30 a.m. and 5:00 p.m. Monday through Friday; ii. by mail, courier, or any similar delivery service; or Ili. by email to the email address(es) of the current staff member(s) for the Commission, as listed on the Commission's page of the Village's website. D. Procedures for Public Meetings in which a lications are considered. Public meetings in which applications are considered will be conducted in accordance with the following general procedures: Introduction by the Chairperson. The Chairperson will begin the discussion of each application by announcing the name of the applicant and the relief requested in each case. The Chairperson will explain the procedures for the conduct of the meeting and when the public may comment on the application. 100124177.61 -4- 2. Applicant's Presentation. The applicant will present the application in such form and with such evidence as it deems desirable. During the applicant's presentation, Commissioners, but not the public, may ask questions that may be necessary to aid the Commission or the public in understanding the material being presented. The Chairperson may set a time limit for the applicant's presentation. 3. Questions by the Commission. At the conclusion of the applicant's presentation, Commissioners may ask such questions as may be necessary to clarify material presented or the relief requested. 4. Public Comment on Applications. Members of the public who are present will have the right to address to the Commission their questions or comments about the relief requested and the application presented by the applicant in accordance with the following rules: a. Each speaker must state his or her name in a clear manner so that it can be recorded in the minutes of the meeting. b. Unless the Chairperson determines another time limit is appropriate, each speaker will be limited to three minutes to provide their comments. The Chairperson may enforce the speaker time limits. C. If a speaker is representing or speaking on behalf of an individual, group, or association, the speaker must state the nature of that representation. At the discretion of the Chairperson, such a speaker may be granted more than three minutes to speak. d. In the interest of promoting the efficient conduct of public business, speakers should refrain from repeating their own comments, and should refrain from repeating comments that have previously been provided to the Commission by others. e. The Chairperson will allow each person to speak one time only, unless the Chairperson determines that allowing a speaker to address the Commission again will contribute new information. f. No person may be discourteous, belligerent, impertinent, threatening, disparaging, or otherwise uncivil. The Chairperson may limit the comments of any person who engages in this conduct. No person may continue to speak after the Chairperson has taken the floor from that person. g. All questions or statements from the public must be directed to the Chairperson and the Commissioners. The Chairperson will determine if, and the manner in which, responses to questions or statements from the public will be handled. In general, following the conclusion of public {00124177.61 -5- participation, the Chairperson will direct the questions from the public to the applicant in an orderly and consolidated manner for a response. h. The Chairperson has the right to interrupt a speaker in order to enforce these rules or other applicable rules. Response by the Applicant. The Chairperson will allow the applicant a reasonable time to respond to public comments presented. 6. Commission Discussion and Deliberation. Following public comment and the applicant's response, the Commission may discuss, in an orderly fashion, the application and all material presented. No further public comment and no further applicant information may be presented without permission of the Chairperson. During this discussion, members of the Commission may ask the Chairperson to direct additional questions to the applicant or members of the public. 7. Commission Action. a. Generally. Decisions of the Commission shall betaken by the majority vote of the members present. b. Commissioner not Present. A Commissioner not present when the application is presented during a public meeting may not vote on such application unless the Commissioner has reviewed a transcript or recording of the public meeting where the application was presented. b. Sign Variations Pursuant to Sec. 9.05-E of the Zoning Ordinance. Based on the Commission's discussions, the Commission may: (i) approve or deny a request for a sign variation; (ii) direct the Applicant to provide new or additional information in connection with the application; or (iii) take such other action as may be permitted by law. Section 4 — Procedure for Obtainin-e Certificate of Approval A. Initial Assessment. The Secretary will, after receipt of an application for a permit or certificate, determine and advise the applicant whether a Certificate of Approval ( "Certificate ") is required. B. Application for Certificate of Approval. Applicants for permits or Certificates, as specified in Section 4, must apply to the Secretary of the Commission for such Certificate. Upon receipt of such application, the Secretary of the Commission will schedule, at its next available regular or special meeting, consideration of the application. The applicant will be given reasonable notice of said meeting. {00124177.6} -6- 2. The fact that an application for a Certificate has been filed will not be cause for delay by the Village's Principal Planner or his or her designee in review of plans relating to the building and zoning aspects of the project while an application is pending. At least 14 days before the meeting, the applicant shall provide the Secretary of the Commission with the following documentation, all drawn Jo scale: drawings, including plans and existing elevations, site plans, landscaping and screening plans (showing the location of existing trees), renderings and specifications of signs, parking area plans, and a statement as to kind, color and texture of material. The Commission may make recommendations as to changes in the exterior drawings, sketches, landscaping, site plan, signs, materials and colors which, in the judgment of the Commission would meet the goals set forth in the Appearance Code. 4. After meeting and considering the documentation presented, the Commission must approve issuance of a Certificate if it finds that the applicant's plans are substantially consistent with the standards set forth in Ordinance No. 0-16-23, and as thereafter amended (the "Appearance Code"). The Commission will render its decision along with the findings in support thereof in writing within 15 days after the conclusion of the hearing and notify the Principal Planner and the applicant. 6. Amendments to a Certificate may be obtained by application therefor in the same manner as provided for an original Certificate. {00124177.6} -7-