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(A) The Municipal Planning Commission of the city shall act in an advisory capacity to the Common Council and shall work toward promoting the orderly development of the city and its environs.
(B) The Municipal Planning Commission shall be vested with, and shall exercise, all of the powers, authority, and privileges granted to municipal planning commissions by the State Legislature, as set forth in W. Va. Code 8A-2-10 and 8A-2-11, inclusive, or as may have heretofore been granted or as may hereafter be granted to municipal planning commissions by the State Legislature; and shall be charged with the performance of the duties as set forth in the said W. Va. Code Ch. 8A, Art. 2.
(C) Pursuant to W. Va. Code 8A-2-10, the City Council shall provide the Planning Commission with:
(1) Suitable offices for the holding of meetings and the preservation of plans, maps, documents, and accounts; and
(2) Appropriate money to defray the reasonable expenses of the Planning Commission.
(D) Pursuant to W. Va. Code 8A-2-11, the Planning Commission shall have the following powers and duties:
(1) Exercise general supervision for the administration of the affairs of the Planning Commission;
(2) Prescribe rules and regulations pertaining to administration, investigations, and hearings; provided, the rules and regulations are adopted by the governing body;
(3) Supervise the fiscal affairs and responsibilities of the Planning Commission;
(4) With consent from the governing body, hire employees necessary to carry out the duties and responsibilities of the Planning Commission; provided, the governing body sets the salaries;
(5) Keep an accurate and complete record of all Planning Commission proceedings;
(6) Record and file all bonds and contracts;
(7) Take responsibility for the custody and preservation of all papers and documents of the Planning Commission;
(8) Make recommendations to the appropriate governing body concerning planning;
(9) Make an annual report to the appropriate governing body concerning the operation of the Planning Commission and the status of planning within its jurisdiction;
(10) Prepare, publish, and distribute reports, ordinances, and other material relating to the activities authorized under this section;
(11) Adopt a seal, and certify all official acts;
(12) Invoke any legal, equitable, or special remedy for the enforcement of the provisions of this section or any ordinance, rule, or regulation, or any action taken thereunder;
(13) Prepare and submit an annual budget to the appropriate governing body by February 15 of the calendar year;
(14) If necessary, establish advisory committees;
(15) Delegate limited powers to a committee composed of one or more members of the Planning Commission;
(16) Contract for special or temporary services and professional counsel with the approval of the governing body. Upon request, a county prosecuting attorney, the County Surveyor, the County Engineer, or any other county or city employee may render assistance and service to a Planning Commission without compensation;
(17) Consider and address issues that the governing body deems necessary or desirable for the Planning Commission to review and make recommendations; and
(18) Any and all powers that the laws and regulations of the state give to a Planning Commission.
(Prior Code, § 2-65) (Ord. passed 2-7-1972; Ord. 2022-09, passed 4-4-2022)
(A) The following individuals are hereby appointed as members of the Municipal Planning Commission for the terms indicated (all terms to run from the effective date of the ordinance codifies herein).
W. T. Weber, Jr. (Chairperson) for a term of three years |
Alma Schrader for a term of three years |
Robert E. Ours for a term of two years |
Richard Cooper for a term of two years |
Glen McCall for a term of one year |
(B) Appointments to the Municipal Planning Commission shall be made hereafter in accordance with applicable provisions of the laws of the state and ordinances of the city.
(C) (1) The Planning Commission shall elect from its members a president and vice president. Said election shall occur at the first regular meeting each year. For purposes of defining when a year starts, the Planning Commission year begins on January 1.
(2) The Planning Commission is free to create other offices/officers and fill those positions via rules adopted by the Planning Commission and approved by City Council.
(Prior Code, § 2-66) (Ord. passed 2-7-1972; Ord. 2022-09, passed 4-4-2022)
(A) The Common Council acknowledges the importance of the activities of the Municipal Planning Commission and pledges its support toward promoting the orderly development of the city and its environs.
(B) The Municipal Planning Commission so appointed shall make and recommend for adoption by the Common Council, a comprehensive plan for the development of the territory within its jurisdiction, together with a proposed ordinance for its enforcement.
(Prior Code, § 2-67) (Ord. passed 2-7-1972)
(A) Membership and term of membership. The Planning Commission shall consist of nine members. The membership makeup shall be consistent with requirements found in W. Va. Code 8A-2-3, or subsequent code sections that replace or alter 8A-2-3.
(1) One member of the Planning Commission must be a member of the municipal governing body (i.e., the City Council), or its designee. The term of this member shall last as long as the member holds his or her position in the governing body.
(2) One member of the Planning Commission must be a member of the Administrative Department of the municipality (e.g., the City Manager controls the Administrative Department), or its designee. The term of this member shall last as long as the person holds her position in the city administration.
(3) Other members of the Planning Commission must be:
(a) Residents of the municipality; and
(b) Qualified by knowledge and experience in matters pertaining to the development of the municipality.
(4) At least three-fifths of all of the members must have been residents of the municipality for at least three years prior to nomination or appointment and confirmation.
(5) The members of the Municipal Planning Commission must fairly represent different areas of interest, knowledge, and expertise, including, but not limited to, business, industry, labor, government, and other relevant disciplines.
(6) The Mayor of the city shall be an ex officio member and shall count towards the nine member requirement. The Mayor shall have voting rights as any member.
(7) Members shall serve without compensation, but may be reimbursed reasonable and necessary expenses actually incurred in performance of their official duties.
(8) Members shall serve three-year terms. Vacancies shall be filled for the unexpired term and made in the manner consistent with division (B) below.
(9) In the event the Commission President becomes unable or unwilling to perform the roles of President, the Vice President shall become President. If the President’s inability to perform his or her duties results in his or her removal, then the Vice President shall become President and the nomination and confirmation of a replacement member shall begin.
(B) Nomination of members.
(1) Pursuant to W. Va. Code 8A-2-3(I), the nomination of members shall be made by the administrative authority of the city. The administrative authority of the city rests on the City Manager. The City Manager shall nominate members of the Planning Commission. The City Manager shall defer nomination of the City Council representative to the judgment and majority decision of the City Council.
(2) Upon nomination, the governing body of the city (i.e., the City Council) shall, by majority vote, confirm or reject nominations presented by the City Manager.
(C) Removal of members.
(1) Pursuant to W. Va. Code 8A-2-3(k), the governing body may establish procedures for removal of members of the Planning Commission for inactivity, neglect of duty, or malfeasance.
(2) The City Council now determines that a member of the Planning Commission may be removed from the Planning Commission for inactivity, neglect of duty, or malfeasance. The procedure for removing a member shall be as follows.
(a) Upon belief of inactivity, neglect of duty, or malfeasance, the City Manager shall bring such issue to the attention of City Council.
(b) The City Council, if it finds inactivity, neglect of duty, or malfeasance to exist, shall issue a written warning to the member at issue. Such warning may be delivered personally or via certified mail to the member’s last known address. The warning shall state the reasons why City Council is considering removing the member. The warning shall further state a reasonable time and place whereby the member may appear before the City Council and be heard on the matter.
(c) After such appearance, or failure to appear as the case may be, the City Council shall determine whether or not to remove the member. The City Council’s discretion shall rule In determining if inactivity, neglect of duty, or malfeasance has occurred. Such removal shall be effective immediately upon City Council providing a majority vote to remove the member. Such removal shall be considered a vacancy and shall be filled in the same manner as described in division (B) above.
(Ord. 2022-09, passed 4-4-2022)
(A) Regular meetings.
(1) Regular meetings of the Planning Commission shall be held at least quarterly on dates to be determined as needed.
(2) Regular meetings will start at 4:30 p.m.
(3) When a meeting date falls on a legal holiday, the meeting shall be held on the day following unless otherwise designated by the Planning Commission.
(B) Special meetings.
(1) Pursuant to W. Va. Code 8A-2-7(b), the Planning Commission may hold special meetings. Notice of the special meeting must:
(a) Be in writing;
(b) Include the date, time, and place of the meeting; and
(c) And be sent to all members at least two days before the special meeting.
(2) Written notice of a special meeting is not required if the date, time, and place of the special meeting were set at a regular meeting.
(3) Notice for special meetings shall, if applicable, adhere to relevant notice requirements of the West Virginia Code and West Virginia Ethics Commission.
(C) Quorum. A quorum of members must be present in order to conduct a meeting. “Present” includes physically present or present via telephone call or present via internet meeting programs (such as Zoom and the like). Any attendance issues shall be resolved by the President of the Planning Commission.
(D) Majority votes. When a quorum exists, a majority vote of the quorum shall be required for motions to be passed/adopted.
(Ord. 2022-09, passed 4-4-2022)
Pursuant to W. Va. Code 8A-2-11, the Planning Commission is authorized to accept gifts, funds, and donations. Said gifts, funds, and/or donations shall be deposited with the appropriate governing body into a special nonreverting Planning Commission fund for expenditures by the Planning Commission for the purpose designated by the donor.
(Ord. 2022-9, passed 4-4-2022)
FINE ARTS COUNCIL
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