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Home My WebLink About20202305.tiffRESOLUTION RE: APPROVE RATIFICATION OF AMENDED BYLAWS FOR PLANNING COMMISSION WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on July 21, 2020, the Planning Commission adopted various revisions to its Bylaws, and WHEREAS, said amendments have been presented to the Board for ratification to determine whether the Planning Commission, which is advisory to the Board, is continuing to act within the scope of its authority, and WHEREAS, after review, the Board deems it advisable to ratify said revised Bylaws, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the revised Bylaws for the Planning Commission, be, and hereby are, ratified as amended. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of July, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditifeiti jdo:64. Weld County Clerk to the Board BY: Mike Freeman, Chair Mor Stev , Pro -Tern t K. James APPXCUSED ttorney Date of signature: 97/27/9.0 arbara Kirkmeyer Kevin D. Ross CC:So PLOP) 07/27/,20 2020-2305 PL0023 BYLAWS WELD COUNTY PLANNING COMMISSION ARTICLE I — Name of Commission The Commission shall be called the Weld County Planning Commission. ARTICLE II — Functions and Duties of the Weld County Planning Commission A. The Planning Commission shall perform all functions and duties and shall act and decide on all petitions and applications submitted to it pursuant to state law, the Weld County Home Rule Charter and ordinances and regulations adopted by the Board of County Commissioners. ARTICLE III — Membership of the Planning Commission A. The Planning Commission shall consist of nine (9) members appointed by the Board of County Commissioners. B. The Board of County Commissioners shall appoint one (1) member from six (6) geographic areas. The six (6) geographic areas are set forth in the Weld County Code Sec. 2-1-100.B. Each member shall reside within the geographic area for which he/she is appointed at the time of his/her appointment and during his/her term. C. Three (3) at -large members shall be appointed by the Board of County Commissioners. D. The term for each member of the Weld County Planning Commission shall be for three (3) years. Said terms to be staggered so that two (2) members from the geographic areas and one (1) member at -large are appointed each year. E. No members of the Weld County Planning Commission shall serve more than two (2) consecutive full terms. ARTICLE IV — Officers A. The Weld County Planning Commission shall organize in the month of August of each calendar year and shall elect a Chair and Vice -Chair whose terms shall be for one (1) year. The Chair shall be eligible for re-election. However, it is encouraged that the position of Chair be filled by a different Planning Commissioner each year. B. The Chair, or in his/her absence the Vice -Chair, shall preside at all meetings of the Weld County Planning Commission. If the Chair and Vice -Chair are both absent, the members present shall elect a temporary chair to act during the absence of the Chair and Vice -Chair. C. The Department of Planning Services will provide a secretary to the Planning Commission. The secretary shall maintain the records of the Planning Commission. ARTICLE V — Meetings A. The Weld County Planning Commission shall meet on the first and third Tuesday of each month, if there is business to be conducted, at a regular time to be set by the Chair of the Planning Commission. Hearings shall be held at the Weld County Administration Building Assembly Room, 1150 O Street, Greeley, Colorado or such other publicly accessible building designated by the Chair of the Planning Commission. In the event the first or third Tuesday of any month falls on a holiday officially designated by the Board of County Commissioners of Weld County, the regular meeting may be rescheduled by an affirmative vote of five (5) members of the Weld County Planning Commission taken at least seven (30) days prior to the date of rescheduled meeting. B. Special meetings of the Weld County Planning Commission may be called by the Chair or, in his/her absence, the Vice -Chair, provided that at least twenty-four (24) hours' notice is given to each member and the public prior to any such special meeting date. C. The order of business at all meetings shall be as follows: 1. Roll Call 2. Review of the summary of the previous meeting 3. Business Matters D. A quorum shall consist of five (5) members. E. The Weld County Planning Commission shall make recommendations to the Board of County Commissioners on matters which are brought before the Planning Commission for its review. The concurring vote of a majority of those members present and voting shall be required to pass any motion to recommend `approval' or `denial' to the Board of County Commissioners. A tie vote among those members present and voting shall act as a recommendation to neither approve, nor deny. The Weld County Planning Commission shall either approve or deny any application which does not require review by the Board of County Commissioners. For those applications brought before the Weld County Planning Commission for final decision, a tie vote on a motion to approve the application by those members present and voting shall be considered a denial. F. The Weld County Planning Commission shall keep a summary of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such vote. G. At the Chair's discretion, all or a portion of the oral presentations by staff for regular agenda items may be dispensed with when the written record is deemed adequate. The Chair may also, at his/her discretion, unless a majority of the Commissioners present vote to override the exercises of the chairman's discretion, limit the testimony of the applicant and members of the public to avoid cumulative and repetitious presentation of evidence. ARTICLE VI — Expenses Within the limits of funds authorized by the Board of County Commissioners, members of the Weld County Planning Commission shall be reimbursed for mileage and other expenses incidental to the performance of their duties as members of the Planning Commission. ARTICLE VII — Attendance A. Members of the Planning Commission are required to be committed and attend Planning Commission meetings. B. No Planning Commissioner shall be absent for more than one-third (1/3) of the meetings during any consecutive three (3) months. If any member misses the above, the Planning Commission shall recommend to the Board of County Commissioners that the person be replaced on the Planning Commission. C. It shall be the duty of the secretary to record the attendance of each member, notify the Chair if any member has failed to be committed and attend pursuant to paragraph "B" above and to place any hearing regarding attendance of a member on the Planning Commission Agenda. The matter shall be the last item of business on the agenda. ARTICLE VIII — Committees A. The Planning Commission may establish such committees as it deems advisable and assign each committee specific to duties or functions. B. The Chair shall designate the members of each committee and shall name the Chairman of each committee. The Chair shall fill vacancies on committees as they may arise. No member of the Planning Commission shall be required to serve on more than two (2) committees. ARTICLE IX — Amendment A. These Bylaws may be amended by an affirmative vote of six (6) members of the Weld County Planning Commission. No amendment to these Bylaws shall be considered at any meeting of the Planning Commission unless first submitted in writing to each of the Commissioners at least seven (7) days prior to the meeting at which said amendment is to be considered. B. Once the Bylaws have been reviewed and approved by the Planning Commission, they must be reviewed by the Weld County Commissioners through a pass -around and then ratified on the agenda. Amended by Planning Commission — July 21, 2020 BYLAWS WEL 31` COUNTY PLANNING C r` j MMISSION ARTICLE I — Name of Commission The Commission shall be called the Weld County Planning Commission. ARTICLE II — Functions and Duties of the Weld County Planning Commission A. The Planning Commission shall perform all functions and duties and shall act and decide on all petitions and applications submitted to it pursuant to state law, the Weld County Home Rule Charter and ordinances and regulations adopted by the Board of County Commissioners. ARTICLE III - Membership of the Planning Commission A. The Planning Commission shall consist of nine (9) members appointed by the Board of County Commissioners. B. The Board of County Commissioners shall appoint one (1) member from determine six (6) geographic areas. The six (6) geographic areas are set forth in the Weld County Code Sec. 2-1-100.B. Each member shall reside within the geographic area for which he/she is appointed at the time of his/her appointment and during his/her term. L 4 I C. Three (3) at -large members shall be appointed by the Board of County Commissioners from the County at large. D. The term forer^�� each member of the Weld County Planning Commission shall be for three (3) years. Said terms to be staggered so that two (2) members from the geographic areas and one (1) member at -large are appointed each year. E. o members of the Weld County Planning Commission shall serve more than two (2) consecutive full terms. ARTICLE IV Officers A. The Weld County Planning Commission shall organize in the month of August of each calendar year and shall elect a Chairman and Vice -Chairman whose terms shall be for one (1) year. The Chairman shall be eligible for re-election. However, it is encouraged that the office position of Chairman be filled by a different Planning Commissioner each year. B. The Chairman, or in his/her absence the vice -Chairman, shall preside at all meetings of the Weld County Planning Commission. If the Chairman and vice - Chairman are both absent, the members present shall elect a temporary chair m .n to act during the absence of the Chairman and Vice -Chairman. C. The Department of Planning Services will provide a secretary to the Planning Commission. The secretary shall maintain the records of the Planning Commission. ARTICLE: V — Meetings A. The Weld County Planning Commission shall meet on the first and third Tuesday of each month, if there is business to be conducted, at a regular time to be set by the Chairman of the Planning Commission. Hearings shall be held at the Weld County Administration Building Assembly Room, 1150 0 Street, Greeley, Colorado in the Weld County Public Health and Planning Building, 1555 North Avenue, e T Cor or such other publicly accessible building designated by the Chairman of the Planning Commission., on of which is posted in the • to meetings. In the event the first or third Tuesday of any month falls on a holiday officially designated by the Board of County Commissioners of Weld County, the regular meeting may be rescheduled by an affirmative vote of five (5) members of the Weld County Planning Commission taken at least seven (30) days prior to the date of rescheduled meeting. B. Special meetings of the Weld County Planning Commission may be called by the Chairman or, in his/her absence, the vice -Chairmen, provided that at least twenty-four (24) hours notice is given to each member and the public prior to any such special meeting date. C. The order of business at all meetings shall be as follows: 1. Roll Call 2. Review of the summary of the previous meeting 3. Consent Agenda 43. Business Matters D. A quorum shall consist of five (5) members. E. The Weld County Planning Commission shall make recommendations to the Board of County Commissioners on matters which are brought before the Planning Commission for its review. The concurring vote of a majority of those members present and voting shall be required to pass any motion to recommend `approval' or `denial' to the Board of County Commissioners. A tie vote among those members present and voting shall act as a recommendation to neither approve, nor deny. The Weld County Planning Commission shall either approve or deny any application which does not require review by the Board of County Commissioners. For those applications brought before the Weld County Planning Commission for final decision, a tie vote on a motion to approve the application by those members present and voting shall be considered a denial. F. The Weld County Planning Commission shall keep a summary of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such vote. willing to a„,c pubic to 1 . . o . L el —the applica y - 9 sates a w woIa 1 11 1 Li S t ✓ b • agenda that they believe will meet the above criteria for eligibility but p on the consent —portion of the agenda shall mat lessen the notice or posting • . 0 two ` cmbers of the Plecan-i-i 1 matter. b cing to provide T esent e on the H.G. At the Chairman's discretion, all or a portion of the oral presentations by staff for regular agenda items may be dispensed with when the written record is deemed adequate. The Chair may also, at his/ -or her discretion, unless a majority of the Commissioners present vote to override the exercises of the chairman's discretion, limit the testimony of the applicant and members of the public to avoid cumulative and repetitious presentation of evidence. ARTICLE VI — Expenses Within the limits of funds authorized by the Board of County Commissioners, members of the Weld County Planning Commission shall be reimbursed for mileage and other expenses incidental to the performance of their duties as members of the Planning Commission. ARTICLE VII — Attendance A. Members of the Planning Commission are required to be committed and attend Planning Commission meetings. B. No Planning Commissioner shall be absent for more than one-third (1/3) of the meetings during any consecutive three (months). If any member misses the above, three consecutive meetings or misses more than 50% of the meetings in any three monthpeiie the Planning Commission shall recommend to the Board of County Commissioners that the person be replaced on the Planning Commission.Board ask . • 0 . r i Commissioners, for good cause shown may determine that the cause of the absence was excusable and -that no action should r ensidered. C. It shall be the duty of the secretary to record the attendance of each member, notify the Chairman if any member has failed to be committed andfaithf lly attend pursuant to paragraph "B" above and to place any hearing regarding attendance of a member on the Planning Commission Agenda. The matter shall be the last item of business on the agenda. ARTICLE VIII — Committees A. The Planning Commission may establish such committees as it deems advisable and assign each committee specific to duties or functions. B. The Chairman shall designate the members of each committee and shall name the Chairman of each committee. The Chairman shall fill vacancies on committees as they may arise. No member of the Planning Commission shall be required to serve on more than two (2) committees. ARTICLE IX — Amendment A. These Bylaws may be amended by an affirmative vote of six (6) members of the Weld County Planning Commission. No amendment to these Bylaws shall be considered at any meeting of the Planning Commission unless first submitted in writing to each of the Commissioners at least seven (7) days prior to the meeting at which said amendment is to be considered. A. Once the Bylaws have been reviewed and approved by the Planning Commission, they must be reviewed by the Weld County Commissioners through a pass -around and then ratified on the agenda. BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Planning Commission By -Laws Update DEPARTMENT: BOCC DATE: 7.22.20 PERSON REQUESTING: Karla Ford, BOCC Office Manager Brief description of the problem/issue: The Planning Commission by-laws needed to be updated. Assistant County Attorney Bob Choate reviewed and approved the changes. The Planning Commission approved the changes at the 7.21.20 meeting. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Approve the updated by-laws or do not approve by-laws. Recommendation: Approve the updated by-laws and put on the 7.27.20 agenda for approval. Mike Freeman, Chair Scott K. James Barbara Kirkmeyer Steve Moreno, Pro -Tern Kevin D. Ross Approve Schedule Recommendation Work Session V/3 Other/Comments: did alia 2020-2305 ooh Hello