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Association
By-Laws
TABLE OF CONTENTS
ARTICLE I NAME OF ORGANIZATION
ARTICLE II PURPOSE
ARTICLE III BOUNDARIES
ARTICLE IV MEMBERSHIP
Section 1 Qualifications
Section 2 Voting
ARTICLE V FINANCIAL SUPPORT
ARTICLE VI MEMBERSHIP MEETINGS
Section 1 General Membership Meetings
Section 2 Special or Non-Regular Membership Meetings
Section 3 Agenda
Section 4 Quorum
Section 5 Participation
Section 6 Procedures
ARTICLE VII BOARD OF DIRECTORS
Section 1 Number of Board Members
Section 2 Eligibility for Board Service
Section 3 Terms of Office
Section 4 Board Vacancies
Section 5 Election of Board Members
Section 6 Duties of Board Members
Section 7 Election of Board Officers
Section 8 Duties of Board Officers
Section 9 Board Meetings
Section 10 Powers of the Board Section
Section 11 Termination for Non-Attendance
ARTICLE VIII COMMITTEES
ARTICLE IX CONFLICT OF INTEREST PROCEDURES
ARTICLE X GRIEVANCE PROCEDURES
Section 1 One-on-One Dialogue and Mediation
Section 2 Eligibility to Grieve
Section 3 Processing the Grievance
Section 4 Final Resolution
ARTICLE XI PROCEDURES FOR CONSIDERATION OF PROPOSALS
Section 1 Submission of Proposals
Section 2 Notification
Section 3 Attendance
Section 4 Dissemination
ARTICLE XII PUBLIC MEETING/PUBLIC RECORDS REQUIREMENT
ARTICLE XIII NONDISCRIMINATION
ARTICLE XIV ADOPTION AND AMENDMENT OF BYLAWS
ARTICLE XV LAND USE
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ARTICLE I NAME OF ORGANIZATION:
ARTICLE II PURPOSE: The purposes for which the BDNA is organized are:
ARTICLE III BOUNDARIES:
ARTICLE IV MEMBERSHIP:
Section 1 Qualification:
Section 2 Voting:
ARTICLE V FINANCIAL SUPPORT:
ARTICLE VI MEMBERSHIP MEETINGS:
Section 1 General Membership Meetings:
Section 2 Special or Non-Regular Meeting:
Section 3 Agenda:
Section 4 Quorum:
Section 5 Participation:
Section 6 Procedures:
ARTICLE VII BOARD OF DIRECTORS:
Section 1 Number of Board Members:
Section 2 Eligibility for Board Service:
Section 3 Terms of Office:
Section 4 Board Vacancies:
Section 5 Election of Board Members:
Section 6 Duties of Board Members:
Section 7 Election of Board Officers:
Section 8 Duties of Board Officers:
Section 9 Board Meetings:
Section 10 Powers of the Board:
Section 11 Termination for Non-Attendance:
ARTICLE VIII COMMITTEES:
ARTICLE IX CONFLICT OF INTEREST PROCEDURES:
ARTICLE X GRIEVANCE PROCEDURES:
Section 1 One-on-one dialogue and Mediation:
Section 2 Eligibility to Grieve:
Section 3 Processing the Grievance:
Section 4 Final Resolution:
ARTICLE XI PROCEDURE FOR CONSIDERATION OF PROPOSALS:
Section 1 Submission of proposals:
Section 2 Notification:
Section 3 Attendance:
Section 4 Dissemination:
ARTICLE XII PUBLIC MEETINGS/PUBLIC RECORDS REQUIREMENT:
ARTICLE XIII NONDISCRIMINATION:
ARTICLE XIV ADOPTION AND AMENDMENT OF BYLAWS:
ARTICLE XV LAND USE:
Exhibit “A”
Brentwood-Darlington Neighborhood Association
Land Use Committee Guidelines
I INTRODUCTION
Land use is a broad term encompassing elements of commercial and residential zoning, traffic management, transportation planning, code review and enforcement, and business and community development which impact implementation of the long-range goals of Brentwood-Darlington Neighborhood Association (BDNA) for the benefit of those who reside or work within its boundaries. The necessary background education to make prudent and consistent decisions on these issues normally cannot be imparted or learned while the Board addresses routine matters at its regular meetings. Hence, land use decisions having a lasting impact on the community at large may be made with insufficient or invalid information. A Land Use Committee will be able to focus exclusively on the land use issue before it, allowing for more thorough investigation and consideration of the issue.
Land use decisions must be delivered to the appropriate public body in a timely manner and cannot normally be deferred until the next scheduled Board meeting. A tardy response can have grave consequences for the livability of a neighborhood. Inconsistent responses to similar land use proposals cannot satisfy neighborhood goals and needs and can deliver mixed messages to those who receive them. A properly configured Land Use Committee can deliver consistent responses within tight timeliness when the Board may not be able to do so.
The BDNA may elect a Land Use Committee that is designed to insure that land use decisions will be made with the proper investigation and consideration by people experienced in handling land use issues, that decisions are made and delivered promptly and within required deadlines, and that decisions are consistent with neighborhood goals and prior land use decisions by the neighborhood.
II STATEMENT OF PURPOSE
The Land Use Committee investigates those land use applications, requests and activities perceived to have an affect on the livability of this neighborhood, taking action as authorized under the Bylaws to state positions and amend, ameliorate or recommend conditions to maintain or improve the livability for both residents and businesses within the boundaries of this neighborhood. A secondary task of the Land Use Committee is to take advantage of educational opportunities in land use issues to acquire adequate background information for meaningful deliberation.
III AUTHORITY
The authority of the Land Use Committee is as stated in the Bylaws and shall not be exceeded.
IV ACCOUNTABILITY
The Land Use Committee shall report any actions or recommendations taken, with any dissenting views noted, to the Board at the next scheduled meeting of the Board or membership, whichever come first.
V NOTICE OF MEETING
The Committee shall provide notice of the time, place, and description of the
principal subject matter of meetings as required by City Code, listed in the office of ONI.
1. If the Committee elects to have regular meetings, it shall publish the time and place of the meetings in the Southeast Uplift (“SEUL”) Neighborhood News and in the BDNA newsletter.
2. The Committee shall publish the time, place and description the principal subject matter of all meetings, including irregular or special meetings, in a notice posted on a bulletin board at a location regularly published in the BDNA newsletter and at the SEUL offices.
3. If a meeting concerns a land use related application, such as an application to the City for a zoning adjustment, the Committee shall make reasonable efforts to give notice of the meeting by telephone to the applicant or his/her representative, if the notice of the application received by the Committee includes a telephone number. The Committee is encouraged, but not required, to send written confirmation of the telephone notice to the applicant. If notice by phone is not possible, written notice shall be mailed to the applicant.
4. If a meeting concerns a particular property, not the subject of an application, the Committee shall make reasonable efforts to provide notice to the owner or manager of the property. The Committee shall not be required to research county property records to determine ownership.
5. If a meeting concerns a particular property, the Committee should consider giving notice to the residents living near the property by hand delivering announcement to their homes, but is not required to do so. If notice of the application concerning the property was mailed to the surrounding residents by the City or other government body and that notice stated that the neighborhood may meet to consider the land use application and provided a number of a neighborhood official to call for information, hand delivering meeting notices is not necessary.
The Chair or the Chair’s delegate shall be responsible for determining the type and extent of notice required of the Committee under this section and for providing that notice.
VI CONDUCT OF COMMITTEE MEETING
The Committee shall conduct it’s meetings in accordance with the requirements of the BDNA Bylaws and the City Code listed in the office of ONI.
The schedule and frequency of Committee meetings shall be determined by the Committee Chair with consideration for providing proper notice as specified above.
Any person or group may propose in writing items for consideration and/or recommendation to the Committee. The Chair shall decide whether proposed items will appear on the agenda for discussion. An opportunity shall be accorded at the beginning of every meeting to amend the prepared agenda with the majority consent of the Committee members present.
Applicants and neighborhood residents shall be encouraged to attend meetings to make or hear presentations and to pose or answer questions concerning proposals under question.
A quorum of the Committee members, as specified in the Bylaws, must be present to conduct any business. Committee members must be present to cast their vote. Voting by proxy is prohibited because 1) of the technical nature of many land use deliberations, 2) to encourage participation when sensitive issues are discussed, and 3) to discourage precipitate action on information not shared by all Committee members.
Official actions taken by the Committee and any of its subcommittees shall be recorded in meeting minutes, which shall be submitted to the BDNA Secretary and to SEUL for inclusion in their records. The minutes shall include a record of attendance, a record of each members vote on each vote taken and a summary of the discussion on each principal matter before the Committee. Dissenting views shall be noted in the minutes and shall be included in recommendations transmitted to the Board or governmental body. If an emergency meeting is called without the usual notice, the minutes shall note the reason for the meeting and why the usual notice could not be provided.
The Committee may communicate with the staff of the City Bureau of Planning or other government entities and it may provide testimony before Hearings Officers. Responses to Bureau of Planning Request of Response in Type II and Type III land use reviews, or any position taken by the Committee before a Hearings Officer shall be in writing and shall include majority and minority opinions, and shall reflect the vote taken on the matter. Additionally, oral testimony may be offered at a land use hearing.
VII COMPOSITION AND STRUCTURE OF THE COMMITTEE
The number of Committee members and the procedure of appointment of Committee members shall be as specified in the Bylaws.
The Chair shall arrange notification of meetings, prepare meeting agendas, and provide any necessary background educational material to members, conduct the meetings, report committee positions and recommendations to the Board and any appropriate governmental body in accordance with the Bylaws, prepare responses to
solicited opinions, and supervisor or prepare land use appeal documentation.
VIII CONFLICTS OF INTEREST
A conflict of interest exists for a member of the Committee whenever the member holds a personal or financial interest which will be affected by the action or inaction of the Committee on a proposal or matter before it. A personal or financial interest shall include an interest held by the member or by members of his/her immediate family. A financial interest includes and ownership interest above five percent of a business or other enterprise which will be affected by the decision of the Committee. Whenever a member determines the existence of a conflict of interest relating to an item under discussion, he/she shall inform the Committee and others present of the conflict and its nature. A member having a conflict of interest with regard to a matter shall not vote on that matter.
__________________________________________ __________________
Signed by Chair of BDNA Date
BDNA Bylaws
Revised 8 /2/07
Last revised 6/1/06
Revised 8/2/00
TABLE OF CONTENTS
ARTICLE I NAME OF ORGANIZATION
ARTICLE II PURPOSE
ARTICLE III BOUNDARIES
ARTICLE IV MEMBERSHIP
Section 1 Qualifications
Section 2 Voting
ARTICLE V FINANCIAL SUPPORT
ARTICLE VI MEMBERSHIP MEETINGS
Section 1 General Membership Meetings
Section 2 Special or Non-Regular Membership Meetings
Section 3 Agenda
Section 4 Quorum
Section 5 Participation
Section 6 Procedures
ARTICLE VII BOARD OF DIRECTORS
Section 1 Number of Board Members
Section 2 Eligibility for Board Service
Section 3 Terms of Office
Section 4 Board Vacancies
Section 5 Election of Board Members
Section 6 Duties of Board Members
Section 7 Election of Board Officers
Section 8 Duties of Board Officers
Section 9 Board Meetings
Section 10 Powers of the Board Section
Section 11 Termination for Non-Attendance
ARTICLE VIII COMMITTEES
ARTICLE IX CONFLICT OF INTEREST PROCEDURES
ARTICLE X GRIEVANCE PROCEDURES
Section 1 One-on-One Dialogue and Mediation
Section 2 Eligibility to Grieve
Section 3 Processing the Grievance
Section 4 Final Resolution
ARTICLE XI PROCEDURES FOR CONSIDERATION OF PROPOSALS
Section 1 Submission of Proposals
Section 2 Notification
Section 3 Attendance
Section 4 Dissemination
ARTICLE XII PUBLIC MEETING/PUBLIC RECORDS REQUIREMENT
ARTICLE XIII NONDISCRIMINATION
ARTICLE XIV ADOPTION AND AMENDMENT OF BYLAWS
ARTICLE XV LAND USE
---------------------------------------
ARTICLE I NAME OF ORGANIZATION:
The name of the organization shall be Brentwood-Darlington Neighborhood Association. (BDNA)
ARTICLE II PURPOSE: The purposes for which the BDNA is organized are:
a) To enhance the
livability of the neighborhood and Portland by establishing and
maintaining an open line of communication and liaison among the
neighborhood, government agencies and other
neighborhoods.
b) To provide an open process by which all members of the neighborhood may involve themselves in the affairs of the neighborhood.
c) To do and perform all of the activities related to said purposes, to have and enjoy all of the powers granted, and engage in any lawful activity for which nonprofit corporations may be organized under ORS Chapter 65.
d) For such other objectives as are approved by the Board of Directors(Board) or membership.
b) To provide an open process by which all members of the neighborhood may involve themselves in the affairs of the neighborhood.
c) To do and perform all of the activities related to said purposes, to have and enjoy all of the powers granted, and engage in any lawful activity for which nonprofit corporations may be organized under ORS Chapter 65.
d) For such other objectives as are approved by the Board of Directors(Board) or membership.
ARTICLE III BOUNDARIES:
Boundaries of BDNA shall be
defined as Duke Street on the North, 82nd on the East, the
Multnomah/Clackamas county line on the South and 45th Ave. on the West.
ARTICLE IV MEMBERSHIP:
Section 1 Qualification:
Membership in the BDNA shall be
open to all residents, property owners, and holders of a business
license located within the boundaries as defined in ARTICLE III of
these bylaws. Membership may also include individuals, who
subscribe to the purposes of BDNA but live outside of the
boundaries. They must be approved by a unanimous vote of the
Board.
Section 2 Voting:
All members as defined above
shall have one vote each to be cast during attendance at any general or
special meeting. One representative from each business shall have the
same privilege as the residents listed above. Unless otherwise
specified in these bylaws decisions of the BDNA shall be made by a
majority vote of those members present at any meeting.
ARTICLE V FINANCIAL SUPPORT:
Charging of dues or membership
fees shall not be made; however, voluntary contributions will be
accepted and fund raising may be authorized by the Board.
ARTICLE VI MEMBERSHIP MEETINGS:
Section 1 General Membership Meetings:
There shall be at least 10
general membership meetings each year. The meetings shall be
convened upon any day decided upon by the majority vote of the
Board. Notification shall be by mail, newsletter, posted notices,
telephone calls, electronic mail lists or any other appropriate means
of communication apt to reach a majority of the members.
Notification shall require seven days advance notice.
Section 2 Special or Non-Regular Meeting:
Special meetings of the
membership, board or committees may be called by the Chair or by
majority vote of the Board as deemed necessary.
Notification shall be by mail newsletter, posted notices,
telephone calls, electronic mail lists or any other appropriate means
of communication apt to reach a majority of the members.
Notification shall require seven days advance notice to the general
public, active members, board or committee members, and to individuals
and news media that have requested notice.
Section 3 Agenda:
Subject to the approval of the
Board, the Chair shall prepare the agenda for general and special
meetings of the membership. Any person may add an item to the
agenda by:
a) Submitting the item in writing to the Board at least seven (7) days in advance of the meeting or,
b) Making a motion to the Board to add an item to the general or special meeting agendas at those respective meetings. Adoption of that motion requires a second and majority vote.
b) Making a motion to the Board to add an item to the general or special meeting agendas at those respective meetings. Adoption of that motion requires a second and majority vote.
Section 4 Quorum:
A quorum for any general or special meeting of the BDNA is 7 members.
Section 5 Participation:
Any general, special, Board, or
committee meeting is open to any person and all who may wish to be
heard regarding any item on the agenda. Only members will be
eligible to vote. All actions or recommendations of the general or
special meetings shall be communicated to all affected parties,
including minority opinion reports.
Section 6 Procedures:
Roberts Rules of Order shall be followed in all areas not covered by the bylaws.
ARTICLE VII BOARD OF DIRECTORS:
Section 1 Number of Board Members:
The Board shall determine the
exact numbers of Board position annually. There shall be at
least seven(7) and no more than twenty-one(21) Board members.
Section 2 Eligibility for Board Service:
Only persons eligible for membership shall be qualified to hold an elected or appointed position.
Section 3 Terms of Office:
Each director shall hold office
for a term of one(1) year for which he/she is elected or appointed
and until his/her successor shall have been elected or appointed
to take office. Term of office runs from June 1 to May 31.
Section 4 Board Vacancies:
The Board may fill any vacancy on
the Board or committees by majority vote of the Board. A
member appointed to fill a vacancy shall serve the remainder
of the unexpired term and until his/her successor is elected or
appointed.
Section 5 Election of Board Members:
Board members shall be
elected annually by a vote of the membership at the annual meeting
in May. The names of all candidates for the Board shall be placed
in nomination by a nominating committee or by any member of
the BDNA. Election requires a majority vote of the
membership present.
Section 6 Duties of Board Members:
The Board shall have the following responsibilities and powers:
a) Manage the daily affairs of the BDNA.
b) Make
decisions and represent the interests of the BDNA on all matters for
which it is impractical to present to the membership in advance.
All such actions shall be reported to the membership at the next
regular meeting.
c) Appoint committees to perform necessary functions and represent the BDNA on specified topics.
d) Establish a yearly work plan of priority issues and projects for maintaining and encouraging involvement in the BDNA.
Section 7 Election of Board Officers:
Board members shall meet in
May and, by majority vote of the Board members present, elect a
Chair, Vice Chair, Secretary and Treasurer. The remaining
Board members shall be members-at-large.
Section 8 Duties of Board Officers:
a) Chair: The Chair
shall preside at all board meetings and all membership meetings
and shall perform such duties as the Board and the membership from time
to time authorizes. The Chair shall represent the position of the Board
and the interests of the BDNA.
b) Vice Chair: The
Vice Chair shall perform the duties of the
Chair in the Chair’s absence and as
authorized by the bylaws or
regulations of the Board.
c) Secretary: The Secretary shall record and maintain minutes of
Membership and Board meetings, assist the Chair
with correspondence and maintain the non-financial files of
the BDNA. The secretary will maintain a list of Board
members.
d) Treasurer: The
Treasurer shall have charge of all funds belonging to the BDNA
and shall receive, deposit and disburse funds for the BDNA in a bank(s)
or financial institution(s) in such manner as designated by the
Board. The Treasurer shall make financial reports as directed by
the Board.
Section 9 Board Meetings:
a) Regular Board
Meetings: There may be regular Board meetings each year.
The meetings shall be convened upon any day decided upon by the
majority vote of the Board. Notification shall be by mail,
newsletter, posted notices, telephone calls, electronic mail lists or
any other appropriate means of communication apt to reach a
majority members. Notification shall require seven days advance
notice for all Board members and to individuals and news media
that have requested notice.
b) Special or Non-Regular
Board Meetings: Special meetings of the Board may be called by
the Chair or by majority vote of the Board as deemed necessary.
Notification shall be by mail, newsletter, posted notices, telephone
calls, electronic mail lists or any other appropriate means of
communication apt to reach a majority of the members.
Notification shall require seven days advance notice
to the general public and a minimum of 24 hours notice for all Board
members and to individuals and news media that have requested notice.
c) Emergency
Meetings: Emergency meetings of the Board may be called by the
Chair or by majority of the Board as deemed necessary.
Notification shall be by mail, newsletter, posted notices,
telephone calls, electronic mail lists, or any other means of
communication apt to reach a majority of the members Notification
shall require not less than 24 hours notice to the members of the
Board that is meeting and to individuals and news media that have
requested notice.
d) Voting: Unless
otherwise specified in these bylaws decisions of the Board shall be
made by a majority vote of those Board members present at any
meeting.
Section 10 Powers of the Board:
The Board shall be responsible
for all business coming before the BDNA and for assuring that members
are informed of business that affects them through reasonable means of
notification. The Board has the responsibility of acting in the
best interest of the neighborhood but is not specifically bound to act
according to the desire of the majority of members attending a
particular meeting.
Section 11 Termination for Non-Attendance:
Board members failing to attend three consecutive Board meetings may be terminated from the Board upon written notice.
ARTICLE VIII COMMITTEES:
There may be standing committees as designated by the Board and special committees as may be established
by the Chair. Committees must have at least one(1) Board member on
them.
ARTICLE IX CONFLICT OF INTEREST PROCEDURES:
A transaction in which a Director
may have a direct or indirect conflict of interest may be approved by a
vote of the Board if in advance of the vote by the Board if all
material facts of the transaction and the Director’s interest are
disclosed to the Board. A conflict of interest transaction
is considered ratified if it receives the affirmative vote of the
majority of the Directors who have no direct or indirect interest in
the transaction. A transaction may not be authorized by a single
Director. If a majority of the Directors who have no direct or
indirect interest in the transaction votes to authorize, approve
or ratify a transaction, a quorum must be present for the purpose
of taking action. The presence of a Director with a direct
of indirect interest in the transaction does not affect the validity of
the action taken by the Board. The Director with the direct or
indirect conflict of interest may not vote on the transaction.
ARTICLE X GRIEVANCE PROCEDURES:
Section 1 One-on-one dialogue and Mediation:
Individuals and groups are
encouraged to reconcile differences, whether inside or outside the
scope of these grievance procedures, through one-on-one dialogue or
mediation.
Section 2 Eligibility to Grieve:
Any person or group may initiate
this grievance procedure by submitting a grievance in writing to the
Board. Grievances are limited to complaints that the grievant has
been harmed by a violation of the ONI Standards or these bylaws that
has directly affected the outcome of a decision of
BDNA. Grievances must be submitted within 45 days of the
alleged violation.
Section 3 Processing the Grievance:
The Board shall arrange a
Grievance Committee, which shall review the grievance. Whenever
possible, we will have Co-Chairs. The committee shall hold a
public hearing and give the grievant and others wishing to present
relevant comment and an opportunity to be heard. The committee
shall then forward its recommendations to the Board.
Section 4 Final Resolution:
Within 60 calendar days from
receipt of the rievance, BDNA shall render a final decision on the
grievance and notify the grievant of their decision.
Deliberations by the grievance committee must be approved
by the Board.
ARTICLE XI PROCEDURE FOR CONSIDERATION OF PROPOSALS:
Section 1 Submission of proposals:
Any person or group, inside or
outside the boundaries of BDNA may propose in writing items for
consideration and/or recommendation to the Board. The Board shall
decide whether proposed items will appear on the agenda of the
Board, standing or special committees, or general or special meetings.
Section 2 Notification:
The proponent and members
directly affected by such proposal shall be notified in writing of the
place, day, and hour the proposal shall be reviewed not less than 24
hours in advance.
Section 3 Attendance:
The proponent may attend this meeting to make a presentation and answer questions concerning the proposals.
Section 4 Dissemination:
BDNA shall record recommendations and dissenting views in the meeting minutes.
ARTICLE XII PUBLIC MEETINGS/PUBLIC RECORDS REQUIREMENT:
BDNA shall abide by all the
requirements relative to public meetings and public records as outlined
in Section VIII of theOffice of Neighborhood Involvement Standards for
Neighborhood Associations. Official action(s) taken by the
BDNA must be on record or part of the minutes of each meeting.
The minutes shall include a record of attendance and the results of any
vote(s) and recommendations made along with a summary of dissenting
views. Official records will be kept on file at the District
Coalition office.
ARTICLE XIII NONDISCRIMINATION:
BDNA will not discriminate
against individuals or groups on the basis of race, religion,
color, sex, sexual orientation, gender identity, age, disability, legal
citizenship, national origin, income, or political affiliation in any
of its policies, recommendations or actions.
ARTICLE XIV ADOPTION AND AMENDMENT OF BYLAWS:
All amendments to these
bylaws must be proposed in writing and submitted to members for a
reading at a general meeting before voting on their adoption may
proceed at a later general meeting. Notice of a proposal to amend the
bylaws, specifying the date, time and place for consideration, must be
provided to all members a minimum of seven (7) days before
voting. Adoption of andamendments to these bylaws shall require a
two-thirds (2/3) vote by the members present at a general meeting.
ARTICLE XV LAND USE:
Section 1 Purpose:
The Board Chair will appoint a
Land Use Chair and may elect a Land Use Committee that investigates
land use requests and activities which are perceived to have an impact
on the livability of the Brentwood-Darlington neighborhood, taking
action to state neighborhood positions and to amend, ameliorate or
recommend conditions to maintain or improve livability for both
residents and businesses within the boundaries of the neighborhood. If
a committee is not elected, the Land Use Chair may act on behalf of the
BDNA Board.
Section 2 Structure:
The Land Use Committee appointed
to two year terms by the Board Chair and approved by the Executive
Board according to the provisions of these Bylaws. Appointments may be
made and approved at the Annual Meeting or the first Board meeting
after the Annual Meeting. The chair and two members shall be
appointed on odd years, the remaining two members
shall be appointed in even years. Appointments to fill vacancies
shall be made in the same manner as original appointments to the
Committee.
Section 3 Land Use Committee Guidelines:
The Board at a Board meeting or
the membership at an Annual or Special meeting shall adopt Land
Use Committee Guidelines by majority vote. These guidelines shall
set out minimum rules of procedure for the Committee and its
members. These guidelines may be amended by majority vote of
the Board or the membership.
Section 4 Quorum:
A quorum of three committee members shall be required to conduct business.
Section 5 Authority:
a) The Land
Use Committee shall be empowered to take a position and present its
findings and recommendations on land use matters directly to the
appropriate governmental body, with dissenting views noted.
b) In the event a land use
decision is appealed by the applicant or other party, the Land Use
Committee shall file the neighborhood response. Should the
neighborhood appeal a land use decision, the Committee shall file the
appeal.
Section 6 Notification:
The Land Use Chair shall use
reasonable means to notify all persons who may be directly affected by
a decision to be made by the Land Use Committee and give them an
opportunity to provide input to the decision. Notification shall
be in accordance with the guidelines adopted by the Board.
Section 7 Board Ratification:
The Land Use chair shall report
decisions made and actions taken by the Committee to the
Board at the next Board meeting. The Board shall ratify or
reject the decision. If the Board rejects the
Committee’s decision, it shall notify the appropriate
governmental body at the earliest opportunity.
Section 8 The Land Use Committee Guidelines are attached as Exhibit “A”
Exhibit “A”
Brentwood-Darlington Neighborhood Association
Land Use Committee Guidelines
I INTRODUCTION
Land use is a broad term encompassing elements of commercial and residential zoning, traffic management, transportation planning, code review and enforcement, and business and community development which impact implementation of the long-range goals of Brentwood-Darlington Neighborhood Association (BDNA) for the benefit of those who reside or work within its boundaries. The necessary background education to make prudent and consistent decisions on these issues normally cannot be imparted or learned while the Board addresses routine matters at its regular meetings. Hence, land use decisions having a lasting impact on the community at large may be made with insufficient or invalid information. A Land Use Committee will be able to focus exclusively on the land use issue before it, allowing for more thorough investigation and consideration of the issue.
Land use decisions must be delivered to the appropriate public body in a timely manner and cannot normally be deferred until the next scheduled Board meeting. A tardy response can have grave consequences for the livability of a neighborhood. Inconsistent responses to similar land use proposals cannot satisfy neighborhood goals and needs and can deliver mixed messages to those who receive them. A properly configured Land Use Committee can deliver consistent responses within tight timeliness when the Board may not be able to do so.
The BDNA may elect a Land Use Committee that is designed to insure that land use decisions will be made with the proper investigation and consideration by people experienced in handling land use issues, that decisions are made and delivered promptly and within required deadlines, and that decisions are consistent with neighborhood goals and prior land use decisions by the neighborhood.
II STATEMENT OF PURPOSE
The Land Use Committee investigates those land use applications, requests and activities perceived to have an affect on the livability of this neighborhood, taking action as authorized under the Bylaws to state positions and amend, ameliorate or recommend conditions to maintain or improve the livability for both residents and businesses within the boundaries of this neighborhood. A secondary task of the Land Use Committee is to take advantage of educational opportunities in land use issues to acquire adequate background information for meaningful deliberation.
III AUTHORITY
The authority of the Land Use Committee is as stated in the Bylaws and shall not be exceeded.
IV ACCOUNTABILITY
The Land Use Committee shall report any actions or recommendations taken, with any dissenting views noted, to the Board at the next scheduled meeting of the Board or membership, whichever come first.
V NOTICE OF MEETING
The Committee shall provide notice of the time, place, and description of the
principal subject matter of meetings as required by City Code, listed in the office of ONI.
1. If the Committee elects to have regular meetings, it shall publish the time and place of the meetings in the Southeast Uplift (“SEUL”) Neighborhood News and in the BDNA newsletter.
2. The Committee shall publish the time, place and description the principal subject matter of all meetings, including irregular or special meetings, in a notice posted on a bulletin board at a location regularly published in the BDNA newsletter and at the SEUL offices.
3. If a meeting concerns a land use related application, such as an application to the City for a zoning adjustment, the Committee shall make reasonable efforts to give notice of the meeting by telephone to the applicant or his/her representative, if the notice of the application received by the Committee includes a telephone number. The Committee is encouraged, but not required, to send written confirmation of the telephone notice to the applicant. If notice by phone is not possible, written notice shall be mailed to the applicant.
4. If a meeting concerns a particular property, not the subject of an application, the Committee shall make reasonable efforts to provide notice to the owner or manager of the property. The Committee shall not be required to research county property records to determine ownership.
5. If a meeting concerns a particular property, the Committee should consider giving notice to the residents living near the property by hand delivering announcement to their homes, but is not required to do so. If notice of the application concerning the property was mailed to the surrounding residents by the City or other government body and that notice stated that the neighborhood may meet to consider the land use application and provided a number of a neighborhood official to call for information, hand delivering meeting notices is not necessary.
The Chair or the Chair’s delegate shall be responsible for determining the type and extent of notice required of the Committee under this section and for providing that notice.
VI CONDUCT OF COMMITTEE MEETING
The Committee shall conduct it’s meetings in accordance with the requirements of the BDNA Bylaws and the City Code listed in the office of ONI.
The schedule and frequency of Committee meetings shall be determined by the Committee Chair with consideration for providing proper notice as specified above.
Any person or group may propose in writing items for consideration and/or recommendation to the Committee. The Chair shall decide whether proposed items will appear on the agenda for discussion. An opportunity shall be accorded at the beginning of every meeting to amend the prepared agenda with the majority consent of the Committee members present.
Applicants and neighborhood residents shall be encouraged to attend meetings to make or hear presentations and to pose or answer questions concerning proposals under question.
A quorum of the Committee members, as specified in the Bylaws, must be present to conduct any business. Committee members must be present to cast their vote. Voting by proxy is prohibited because 1) of the technical nature of many land use deliberations, 2) to encourage participation when sensitive issues are discussed, and 3) to discourage precipitate action on information not shared by all Committee members.
Official actions taken by the Committee and any of its subcommittees shall be recorded in meeting minutes, which shall be submitted to the BDNA Secretary and to SEUL for inclusion in their records. The minutes shall include a record of attendance, a record of each members vote on each vote taken and a summary of the discussion on each principal matter before the Committee. Dissenting views shall be noted in the minutes and shall be included in recommendations transmitted to the Board or governmental body. If an emergency meeting is called without the usual notice, the minutes shall note the reason for the meeting and why the usual notice could not be provided.
The Committee may communicate with the staff of the City Bureau of Planning or other government entities and it may provide testimony before Hearings Officers. Responses to Bureau of Planning Request of Response in Type II and Type III land use reviews, or any position taken by the Committee before a Hearings Officer shall be in writing and shall include majority and minority opinions, and shall reflect the vote taken on the matter. Additionally, oral testimony may be offered at a land use hearing.
VII COMPOSITION AND STRUCTURE OF THE COMMITTEE
The number of Committee members and the procedure of appointment of Committee members shall be as specified in the Bylaws.
The Chair shall arrange notification of meetings, prepare meeting agendas, and provide any necessary background educational material to members, conduct the meetings, report committee positions and recommendations to the Board and any appropriate governmental body in accordance with the Bylaws, prepare responses to
solicited opinions, and supervisor or prepare land use appeal documentation.
VIII CONFLICTS OF INTEREST
A conflict of interest exists for a member of the Committee whenever the member holds a personal or financial interest which will be affected by the action or inaction of the Committee on a proposal or matter before it. A personal or financial interest shall include an interest held by the member or by members of his/her immediate family. A financial interest includes and ownership interest above five percent of a business or other enterprise which will be affected by the decision of the Committee. Whenever a member determines the existence of a conflict of interest relating to an item under discussion, he/she shall inform the Committee and others present of the conflict and its nature. A member having a conflict of interest with regard to a matter shall not vote on that matter.
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Signed by Chair of BDNA Date
BDNA Bylaws
Revised 8 /2/07
Last revised 6/1/06
Revised 8/2/00