§ 301. Planning Commission.

301.1.   Powers and Duties.

The Planning Commission shall have the following powers and duties:

A.

To act as the Local Planning Agency under F.S. § 163.3174; and to carry out such duties as may be prescribed by the Comprehensive Plan;

B.

To hold and regulate public hearings on Official Zoning Atlas amendments, planned development site plans, site and development plans where no plan currently exists, or modifications to an approved plan, developments of regional impact and Florida Quality Developments;

C.

To initiate, review and make recommendations to the Board in regard to adoption and amendment of the text of this Code;

D.

To hold and regulate public hearings on applications for amendments to the text of this Code;

E.

To hold and regulate public hearings on applications for development agreements and make recommendations to the Board on said agreements;

F.

To make its special knowledge and expertise available, upon reasonable written request and authorization of the Board, to any official, department, board, commission or agency of the County, state, or federal governments;

G.

To recommend to the Board that special studies be performed as may be deemed necessary and proper to conduct the work of the Planning Commission, subject to the approval of the Board and available appropriations;

H.

To adopt rules of procedure which are not inconsistent with this Code and are necessary for the administration of the commission's responsibilities and to govern its proceedings; and

I.

To perform any other duties that may be lawfully assigned to it.

301.2.   Membership: Appointment, Removal, Terms, Officers and Vacancies.

A.

Membership. The Planning Commission shall be composed of seven (7) members appointed by the Board. Additionally, there shall be a non-voting member serving as a representative of the Manatee County School Board. This non-voting member shall be appointed by the school board and not subject to the qualifications of subsection 301.2.B.

B.

Qualifications. Members of the Planning Commission shall be qualified electors in Manatee County. While no particular expertise is required, persons with experience or training in the substantive areas of planning, engineering, environmental science, and the development industry shall be considered in appointing members. No member of the Planning Commission shall otherwise be elected office holders, or employed by the Board. No member of the Planning Commission shall be a member of another land development related advisory board serving unincorporated Manatee County, except as specifically provided for.

C.

Terms of Office. The term of office of the Planning Commission members shall be for four (4) years. Not more than two (2) of such members' terms shall expire in any one (1) year. A member whose term expires shall continue to serve until his or her successor is appointed. The school board representative shall serve until replaced by the school board.

D.

Removal from Office. Any member of the Planning Commission may be removed from office, with or without cause, by majority plus one (1) vote of the full membership of the Board. In the event that any member is no longer a qualified elector or is convicted of a felony or any offense involving moral turpitude while in office, the Board shall terminate the appointment of such person as a member of the Planning Commission.

E.

Vacancies. Whenever a vacancy occurs on the Planning Commission, the Board shall fill such vacancy for the remainder of the term.

F.

Compensation. Members of the Planning Commission may, after written authorization from the Board, receive compensation, travel and other expenses while on official business for the Planning Commission. Compensation for the school board representative shall be furnished by the school board.

G.

Officers. The Planning Commission shall annually elect a chairman and vice-chairman among its members and may create and fill such other offices as necessary. Terms of all offices shall be for one (1) year with eligibility for re-election. The school board representative shall not be eligible for election to any office on the Planning Commission. All Planning Commission members shall be subject to F.S. ch. 112, pt. II.

H.

Disclosure. Applicants for appointment to the Planning Commission shall disclose whether or not they are currently elected or appointed to hold office in any public body or agency including serving on an advisory board.

I.

Ethics. Members of the Planning Commission shall be subject to all applicable provisions of F.S. ch. 112, pt. III regarding ethics for public officers.

301.3.   Agendas, Meetings, Hearings and Procedures.

A.

Agenda Preparation. The Department Director shall prepare the Planning Commission agenda and shall maintain the correspondence of the Planning Commission.

B.

Quorum. Except as provided in this section, no meeting of the Planning Commission shall be called to order, nor shall any business be transacted by the Planning Commission, without a quorum consisting of at least four (4) members of the Planning Commission being present. The chairman shall be considered and counted as a member. When there is no quorum, those members of the commission who are present may convene for the purposes of continuing a public hearing or scheduling a special meeting.

C.

Regular Meetings. Regular meetings of the Planning Commission shall be held as necessary. Meetings may be called by the chairman of the Board, the chairman of the Planning Commission, a majority of the members of the Planning Commission, a majority of the Board or the Department Director. If consideration of a matter is postponed due to lack of a quorum, the chairman of the Planning Commission shall continue the meeting as a special meeting to be held within seven (7) working days thereafter. In the case of delays caused by other reasons, the meeting should be rescheduled to the next Planning Commission meeting. The Department Director shall notify all members of the date of the continued meeting.

D.

Rules of Procedure. The Planning Commission shall, by majority vote of the entire membership, adopt written rules of procedure as may be necessary for the transaction of its business.

E.

Public Meetings. All meetings of the Planning Commission and its committees shall be open to the public.

F.

Vote. No action of the Planning Commission shall be valid unless authorized by a majority vote of the membership present.

G.

Minutes and Public Records. The Clerk of Circuit Court shall serve as clerk to the Planning Commission as it serves as clerk to the Board. The clerk shall keep minutes of all Planning Commission proceedings, including evidence presented, the name of all witnesses giving testimony, findings of fact by the Planning Commission and the vote of each member, or if absent, or failing to vote, such fact. The clerk shall be the custodian of the official record of the Planning Commission and shall keep indexed records of all resolutions, transactions, findings and determinations. All such records shall be official public records and shall be covered by all Florida Statutes pertaining to public records.