The Village Board makes the following legislative findings relating
to public hearings:
A.
Meetings to be public. All public hearings shall be conducted in
the Village Hall or in such other public place as may be selected
by the body conducting the hearing.
B.
Notice of meetings. Notice of public hearings shall be given as provided
for in Division 2 of this article.
C.
Presiding officer for joint meeting. In the event the public hearing
involves both the Plan Commission and the Village Board, the Village
President shall be the presiding officer.
The presiding officer conducting the public hearing may follow
the following procedure listed in this section as a general guideline.
For matters of little complexity or controversy, the presiding officer
may adjust the procedures as appropriate.
A.
Announce the purpose and subject of the public hearing.
B.
Determine whether public notice as required by this chapter has been
provided. If notice has not been provided, the hearing shall be postponed
until such time as proper notice has been provided.
C.
Ask if any member of the body conducting the public hearing has a
conflict of interest in regard to the matter being discussed and excuse
those who do.
D.
Ask if any member of the body conducting the public hearing believes
another member has a conflict of interest in regard to the matter
being discussed. If so, and following a discussion of the alleged
conflict of interest, the members (except the member with the alleged
conflict) shall determine by vote whether a reasonable person may
conclude that the member has a conflict of interest and should be
removed from the pending decision.
E.
Ask the applicant to describe the proposal.
F.
Ask the staff to present a staff report, if required.
G.
Allow members of the body conducting the public hearing to direct
questions to the applicant and staff, if present.
H.
Ask for statements from the public.
I.
Read aloud written comments which were submitted when the individual
submitting the comments is not in attendance.
J.
Call for discussion of the members of the body conducting the public
hearing during which time they may ask questions of a member of the
public, the applicant, and the staff, if present.
L.
Announce that the body shall not accept any additional comment from
the applicant or any member of the public once the public hearing
is closed.
M.
Ask for a motion and second to close the public hearing.
A.
Prior to start of public hearing. In the event the applicant or the
applicant's agent is not present for the public hearing, the
body conducting the public hearing may authorize a continuance.
B.
During a public hearing. Prior to the close of the public hearing,
the applicant may request a continuance and the body conducting the
public hearing may agree to the continuance upon a showing of good
cause. Likewise, the body conducting the public hearing may ask the
applicant for a continuance, but the applicant is not required to
grant such request. If the applicant does not grant a continuance,
the body shall act on the information at its disposal.
C.
Effect. A continuance stops the time clock for making a decision.
D.
Notice requirements. A public hearing may be continued to a later
date without again providing public notice, provided that the location,
date, time for the continued hearing are announced at the time of
the continuance.
A.
Time limitations on public comment. The presiding officer may impose
a time limit on members of the public who wish to address the body
conducting the public hearing to assure completion of the agenda in
a timely manner. Under no circumstance shall such time limit be less
than three minutes.
B.
Written comment. Prior to the close of the public hearing, members
of the public may submit written comments to the body conducting the
public hearing. Such documents shall be retained and made part of
the public record for the proceeding.
