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ORDINANCE NO. 2011-1 OTSEGO COUNTY PLANNING COMMISSION ORDINANCE OF 2011 Adopted: February 22, 2011 Effective: April 17, 2011 AN ORDINANCE TO CONFIRM THE ESTABLISHMENT UNDER THE MICHIGAN PLANNING ENABLING ACT, PUBLIC ACT 33 OF 2008, MCL 125.3801, et seq., OF THE OTSEGO COUNTY PLANNING COMMISSION; PROVIDE FOR THE COMPOSITION OF THAT PLANNING COMMISSION; PROVIDE FOR THE POWERS, DUTIES AND LIMITATIONS OF THAT PLANNING COMMISSION; AND REPEAL ANY ORDINANCE OR PARTS OF ORDINANCE OR RESOLUTIONS IN CONFLICT WITH THIS ORDINANCE THE COUNTY OF OTSEGO, MICHIGAN, HEREBY ORDAINS: Section 1.01 Scope, Purpose and Intent This ordinance is adopted pursuant to the authority granted to the Otsego County Board of Commissioners under the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801, et seq., to establish a planning commission with the powers, duties and limitations provided by the Act and subject to the terms and conditions of this ordinance and any future amendments to this ordinance. The purpose of this ordinance is to provide that the Otsego County Board of Commissioners shall hereby confirm the establishment under the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801, et seq., of the Otsego County Planning Commission formerly established under the County Planning Act, Public Act 282 of 1945, MCL 125.101, et seq., to establish the appointments, terms, and membership of the planning commission; to identify the officers and the minimum number of meetings per year of the planning commission; and to prescribe the authority, power and duties of the planning commission. Section 1.02 Establishment The Otsego County Board of Commissioners hereby confirms the establishment under the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801, et seq., of the Otsego County Planning Commission formerly established under the County Planning Act, Public Act 282 of 1945, MCL 125.101, et seq., and shall be constituted in accordance with and shall have all the powers and duties set forth in the Act and this ordinance. The members of the existing planning commission shall, except for an ex officio member whose remaining term on the planning commission shall be limited to his or her term on the Otsego County Board of Commissioners, continue to serve as the members of the planning commission established by this ordinance for the remainder of their existing terms so long as they continue to meet all of the eligibility requirements for planning commission membership set forth within the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801, et seq. ---PAGE BREAK--- Section 1.03 Membership A. The Planning Commission shall consist of 11 members appointed by the Otsego County Board of Commissioners. In the event of a reduction of the number of appointed members, incumbent planning commissioners shall serve out their terms of office. To be qualified to be a member and remain a member of the Planning Commission, the individual shall meet the qualifications set out below: 1. Members of the Planning Commission shall be qualified electors of Otsego County except that one member may be a non-qualified elector. 2. One member of the Otsego County Board of Commissioners shall be appointed to the Planning Commission as an ex offico member with full voting rights. An ex officio member’s term on the Planning Commission shall coincide with his or her elected term of office on the Otsego County Board of Commissioners, or in the case of a chief elected official, with his or her term as chief elected official. Not more than 1/3 of the members of the Planning Commission may be ex officio members. 3. Except as provided in paragraph 2 above, no other elected officer or employee of Otsego County is eligible to be a member of the Planning Commission. 4. Members of the Planning Commission shall be representative of important segments of the community, such as the economic, governmental, educational, and social development of Otsego County, in accordance with the major interests as they exist in Otsego County, such as agriculture, natural resources, recreation, education, public health, government, transportation, industry and commerce. The membership shall also, to the extent possible, be representative of the entire geography of the county. 5. The Otsego County Board of Commissioners shall make every reasonable effort to ensure that the membership of the Planning Commission includes a member of a public school board or an administrative employee of a school district included, in whole or in part, within the county’s boundaries. B. The Chairman of the Otsego County Board of Commissioners shall, with the approval by a majority vote of the Board members elected and serving, shall appoint all Planning Commission members, including the ex officio member. The Planning Commission members, other than an ex officio member, shall serve for terms of three years each. C. A Planning Commission member shall hold office until his or her successor is appointed. Vacancies shall be filled for the unexpired term in the same ---PAGE BREAK--- manner as the original appointment. Section 1.04 Removal from Office A. The Otsego County Board of Commissioners may remove a member of the Planning Commission for misfeasance, malfeasance, or nonfeasance in office upon written charges prepared by or directed to be prepared by the board of commissioners and after a public hearing. Failure to disclose a potential conflict of interest shall be considered malfeasance in office. Repeated failure to attend Planning Commission meetings shall be considered nonfeasance in office. B. The secretary of the Planning Commission shall report any member who has missed three regular meetings in a row to the Otsego County Board of Commissioners. Section 1.05 Organization and Procedures A. The Planning Commission shall elect a chairperson and secretary from its members and fill other offices as it considers advisable. Ex officio members are not eligible to serve as chairperson. The term of each officer shall be one year, with opportunity for reelection as specified in the Planning Commission Bylaws. B. The Planning Commission shall adopt bylaws for the transaction of its business, and shall keep a public record of its resolutions, transactions, findings, and determinations. C. The Planning Commission may appoint advisory committees whose members may not necessarily be members of the Planning Commission. D. The Planning Commission shall submit an annual written report concerning its operations and the status of planning activities, including recommendations regarding actions by the county board of commissioners related to planning and development, and a budget request for the Commission to the Otsego County Board of Commissioners. E. The Planning Commission shall meet at least four times annually. Special meetings may be called as provided for in the Bylaws. All meetings of the Planning Commission shall be held in compliance with the Open Meetings Act, Public Act 267 of 1976, MCL 15.261 to 15.275. Public notice of the time, date, and place of a regular or special meeting shall be given in the manner required by this Act. F. A writing prepared, owned, used, in the possession of, or retained by the Planning Commission in the performance of an official function shall be made available to the public in compliance with the Freedom of Information Act, Public Act 442 of 1976, MCL 15.231 to 15.246. ---PAGE BREAK--- G. A majority of the Planning Commission shall constitute a quorum for the transaction of ordinary business. All questions which shall arise at the meetings shall be determined by a majority vote. For item G, a majority vote shall be defined as being more than one-half of the votes cast. H. The affirmative vote of majority of the total number of members of the Planning Commission, regardless if vacancies or absences exist or not, shall be necessary for the adoption, or recommendation for adoption, of any Master Plan or amendment to a Master Plan. Section 1.06 Duties and Powers A. The Planning Commission shall make and approve a master plan as a guide for development within Otsego County and shall adopt same in accordance with the requirements of Section 31 through 51 of the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801, et seq. B. Other duties as set forth in Public Act 33 of 2008, being the Michigan Planning Enabling Act, MCL 125.3801 et seq.; and Public Act 110 of 2006, being the Michigan Zoning Enabling Act, MCL 125.3101 et seq. C. The Planning Commission shall annually prepare a capital improvements program of public structures and improvements. The capital improvements program shall show those public structures and improvements, in the general order of their priority, that in the Planning Commission's judgment will be needed or desirable and can be undertaken within the ensuing 6-year period. The capital improvements program shall be based upon the requirements of Otsego County for all types of public structures and improvements. The Planning Commission shall have the authority to request each agency or department of Otsego County with authority for public structures or improvements, to furnish the commission with lists, plans, and estimates of time and cost of those public structures and improvements. Section 1.07 Liaisons The Planning Commission, in its Bylaws, may name “liaisons” to the Commission. The purpose of liaisons is to provide certain county and quasi-county officials the ability to participate in discussion with the Planning Commission in addition to speaking in public participation, and nothing else. At a minimum liaisons shall include: 1. Otsego County Administrator. 2. Otsego County Attorneys and Corporate Counsel. 3. Planning Department staff, agents, and consultants. 4. Chairman of the Otsego County Board of Commissioners. ---PAGE BREAK--- Section 1.08 Compensation Members of the Planning Commission may be compensated for their services as provided by the Otsego County Board of Commissioners. The Planning Commission may adopt bylaws relative to compensation and expenses of its members and employees for travel when engaged in the performance of activities authorized by the county board of commissioners, including, but not limited to, attendance at conferences, workshops, educational and training programs, and meetings. Section 1.09 Approval, Ratification, and Reconfirmation All official actions taken by all Otsego County Planning Commissions preceding the Planning Commission created by this Ordinance are hereby approved, ratified and reconfirmed. Any project, review, or process taking place at the effective date of this Ordinance shall continue with the Planning Commission created by this Ordinance, subject to the requirements of this Ordinance, and shall be deemed a continuation of any previous Otsego County Planning Commission. This Ordinance shall be in full force and effect from and after its adoption and publication. Section 1.10 Repeal of Inconsistent Ordinances or Resolutions Any prior ordinances or resolutions addressing the same subject matter as this Ordinance are hereby repealed. The resolution or ordinance establishing the Otsego County Planning Commission under the County Planning Act, Public Act 282 of 1945, is hereby repealed. Section 1.11 Amendment to the Michigan Planning Enabling Act Any amendments made to the Michigan Planning Enabling Act, Public Act 33 of 2008, MCL 125.3801, et seq., shall hereby be declared to automatically control the activities and function of the Planning Commission. Section 1.12 Severability If any part of this Ordinance shall be determined to be unenforceable by a court of competent jurisdiction, that part shall be deemed to be severed and removed from the body of this Ordinance, and the rest shall remain in full force and effect. Section 1.13 Effective Date This Ordinance shall be effective on the day when notice of its adoption is published in a newspaper of general circulation in Otsego County. ---PAGE BREAK--- Adoption of the Ordinance was moved by and supported by . YEAS: NAYS: ORDINANCE DECLARED ADOPTED ON FEBRUARY 22, 2011. Paul M. Beachnau lts: Chairman, Otsego County Board of Commissioners STATE OF MICHIGAN ) ) ss. COUNTY OF OTSEGO ) The undersigned, being the Clerk of the County of Otsego, hereby certifies that the foregoing is a true and complete copy of the Ordinance duly adopted by the Otsego County Board of Commissioners at its regular meeting held on the 22nd day of February, 2011, at which meeting a quorum was present and remained throughout and that an original thereof is on file in the records of the County. I further certify that the meeting was conducted, and public notice thereof was given, pursuant to and in full compliance with Act No. 267, Public Acts of Michigan, 1976, as amended, and that the minutes of such meeting were kept and will be or have been made available as required thereby. Susan I. DeFeyter, County Clerk