(A) Name. The title of said Planning Commission shall be the Planning Commission of the county.
(B) Membership. The Planning Commission of the county shall be composed of the following:
(1) One member to be appointed by the Mayor of the City of Crab Orchard, with the approval of the City Commission of the City of Crab Orchard; not less than two of whom shall be citizen members;
(2) Six members to be appointed by the Judge/Executive of the county, with the approval of the Fiscal Court of the county, no less than three of whom shall be citizen members;
(3) The terms of each member, who is appointed because of his or her official connection with his or her appointing body shall, for his or her respective official tenure, and of the citizen members shall be four years and until their successors take office; except that the original terms of the citizen members shall be four years respectively for those citizen members appointed by the Mayor of the City of Crab Orchard and two and three years respectively for the citizen members appointed by the county; and
(4) One of the members appointed by the county shall reside within the boundaries of the Cedar Creek Watershed.
(C) Organization. The Commission shall elect, from among the citizens members, a Chairperson, Vice Chairperson, Secretary and Treasurer and any other officers which it deems necessary. In the absence of the Chairperson, the Vice Chairperson shall act and shall have all the powers and duties of the Chairperson. The terms of the Chairperson and Vice Chairperson shall be each for one year and the terms of the Secretary and Treasurer shall each be for one year. The Commission shall conduct regular meetings as it deems necessary for the transaction of its business; but there shall be at least six regular meetings annually. The Commission shall adopt by-laws for the transaction of business, and shall keep minutes and records of all proceeding, including regulations, transactions, findings, determinations, and the number of votes for and against each question, and if any member is absent or disqualified from voting indicating the fact, all of which shall immediately after adoption be filed in the office of the Commission, and shall be public record. Both the ex-officio members and the citizen members, except the Chairperson, shall be entitled to vote upon any subject or matter before the Commission and 50% of the members including the Chairperson or acting Chairperson shall constitute a quorum for the transaction of any business, however, approval of any ordinance, regulation of order shall be made only by a majority vote of the entire Commission. In case of a tie vote or a deadlock, the Chairperson shall have the power to vote, shall cast his or her vote and break such tie vote or deadlock.
(D) Powers, duties and responsibility. From and after the time when the Planning Commission of the county shall have been organized and selected its officers, together with the adoption of its rules of procedure and by-laws, said Commission shall have the powers, duties and responsibilities to uphold the KRS 100.111 through 100.181 inclusive.
(E) Finances.
(1) The actual and necessary expenses of operation of this Commission shall be borne by the parties hereto as follows:
(a) City of Crab Orchard: 0%; and
(b) The county: 100%.
(2) The fiscal year of the Planning Commission of the county shall be from July 1 to June 30.
(3) Quarterly, the Planning Commission of the county shall submit to the parties hereto a statement of its anticipated expenses for the ensuing quarter and the parties hereto shall immediately forward their portion thereof to the Treasurer of the Planning Commission of the county, taking credit for any sums previously deposited with the Commission or paid its behalf.
(4) Each party hereto shall be responsible for and shall pay any and all expenses for boards that they set up within their jurisdiction, including, but not limited to, boards of adjustment.
(F) Transfer of records. All minutes, records, contracts or property of any previous Planning Commission established by the parties hereto or any of them are hereby assigned, transferred and set over to the Planning Commission of the county.
(Ord. passed 5-10-2005)