CHAPTER 15.08: PLANNING COMMISSION; ORGANIZATION AND MEETINGS
Section
15.08.010 Membership; compensation
15.08.080 Meetings; when held; notice
15.08.100 Meetings; rules of proceedings
15.08.110 Meetings; agenda; order of business
15.08.130 Formal acts by resolution
15.08.150 Conflict of interest; ex parte contact
15.08.010 MEMBERSHIP; COMPENSATION.
(A) The planning commission shall have nine members who are registered to vote in the borough. Commission membership shall be apportioned so that the number of members from home rule and first class cities reflects the borough population residing in home rule and first class cities located in the borough.
(B) [Repealed by Ord. 23-089, § 7, 2023]
(C) Commission members shall be compensated at a rate of $100 per meeting for regular and special meetings, not to exceed four meetings in a calendar month. All requests for reimbursement shall be actual expenses incurred on authorized commission business.
(Ord. 23-089, § 7, 2023; Ord. 21-112, § 2, 2021; Ord. 97-096, § 2, 1997; Ord. 94-071(sub1), § 4 (part), 1994; Ord. 91-037AM, § 3 (part), 1991; Ord. 73-5, § 3 (part), 1973)
15.08.020 APPOINTMENTS.
The mayor shall make appointments subject to confirmation by the assembly, except that the member from the city of Wasilla (Seat 8) shall be selected from a list of recommendations submitted by the Wasilla city council and the member from the city of Palmer (Seat 9) shall be selected from a list of recommendations submitted by the Palmer city council. Representation from as many assembly districts as is feasible shall be sought on the commission, but all commission members shall be appointed for their expertise and knowledge of the community and shall represent the entire borough.
(Ord. 81-161, § 2, 1982; Ord. 75-56, § 3, 1975; Ord. 73-5, § 3 (part), 1973)
15.08.030 TERMS OF MEMBERS.
(A) The term of each member of the commission shall be for three years.
(B) The seats shall be numbered and appointments made shall follow numerical sequence according to the following schedule:
(1) Seats 2, 7 and 8 beginning January 1, 2024;
(2) Seats 1, 4 and 9 beginning January 1, 2025;
(3) Seats 3, 5 and 6 beginning January 1, 2026.
(C) [Repealed by Ord. 94-071 (sub1), § 4 (part), 1994]
(D) [Repealed by Ord. 94-071 (sub1), § 4 (part), 1994]
(Ord. 23-089, § 8, 2023; Ord. 94-071(sub1), § 4 (part), 1994; Ord. 79-4, § 2 (part), 1979; Ord. 76-63, § 3, 1976; Ord. 73-5, § 3 (part), 1973)
15.08.040 OFFICERS.
The commission shall designate its chairperson, a vice-chairperson to serve as chairperson in the chairperson’s absence, a planning clerk to prepare the journal of the commission’s proceedings, and an assistant planning clerk to serve in the planning clerk’s absence. The planning clerk and assistant planning clerk need not be commission members.
(Ord. 94-071(sub1), § 4 (part), 1994; Ord. 73-5, § 3 (part), 1973)
15.08.050 SEAL.
The commission shall adopt a seal of two concentric circles within which appear the words “Matanuska-Susitna Borough Planning Commission,” “Seal” and “State of Alaska.” The seal shall be retained in the custody of the planning clerk.
(Ord. 94-071(sub1), § 4 (part), 1994; Ord. 73-5, § 3 (part), 1973)
15.08.060 VACANCIES.
(A) A vacancy shall be declared, and filled by appointment to complete the unexpired term of the indicated seat, as provided in MSB 4.05.030(B).
(B) The clerk shall keep attendance records and notify the chairperson when vacancies occur.
(Ord. 94-071(sub1), § 4 (part), 1994; Ord. 73-5, § 3 (part), 1973)
15.08.070 QUORUM.
A majority of the membership constitutes a quorum.
(Ord. 99-170, § 2, 1999; Ord. 73-5, § 3 (part), 1973)
15.08.075 VOTING.
All board actions shall be by vote of a majority of the board’s authorized membership; the majority vote required shall be five, which is a majority of the nine members authorized to serve on the planning commission.
(Ord. 23-089, § 9, 2023; Ord. 99-170, § 3, 1999)
15.08.080 MEETINGS; WHEN HELD; NOTICE.
(A) Regular meetings shall normally be held on the first and third Monday of each month. Special meetings may be called by the commission chairperson upon the request of the planning director or shall be called by the commission chairperson at the request of three members.
(B) At a meeting during the month of January each year, the commission shall adopt a schedule of regular meetings to be held by the commission through January of the following year. The adopted schedule shall be provided to each member of the commission and shall be published at least once in a newspaper of general circulation within the borough.
(C) The assembly and the planning commission shall meet jointly in accordance with the provisions set out in MSB 2.12.075.
(D) The commission chairperson or the planning and land use department director, at the request of the chairperson, shall attempt to provide written or oral notice of special meetings to each commissioner at least 24 hours prior to the meetings. Notice may be provided at either the residence or the usual workplace of the commission member. Notice of the special meeting shall include a statement of the subject or subjects for which the meeting is called.
(E) At least five calendar days prior to a regular meeting, the director shall mail or deliver to each planning commission member a packet including information on the time, place of the meeting, and the agenda. Whenever practicable, minutes of the previous meeting and any background materials pertinent to the agenda shall be included in the packet.
(Ord. 23-089, § 10, 2023; Ord. 03-025, § 2, 2003; Ord. 94-071(sub1), § 4 (part), 1994; Ord. 92-035AM, § 2 (part), 1992; Ord. 88-60, § 3 (part), 1988; Ord. 87-30, § 2, 1987; Ord. 73-5, § 3 (part), 1973)
15.08.090 MEETINGS; RECORD.
The planning clerk shall keep a journal of all meetings, which shall be a public record.
(Ord. 94-071(sub1), § 4 (part), 1994; Ord. 73-5, § 3 (part), 1973)
15.08.100 MEETINGS; RULES OF PROCEEDINGS.
Meetings shall be conducted under the current edition of Robert’s Rules of Order Newly Revised, except that no member may abstain from voting unless required by law.
(Ord. 23-089, § 11, 2023; Ord. 97-038, § 6, 1997; Ord. 91-063, § 2, 1991; Ord. 73-5, § 3 (part), 1973)
15.08.110 MEETINGS; AGENDA; ORDER OF BUSINESS.
(A) The agenda for special and regular meetings shall be prepared by the planning and land use department director. Items not on the agenda may not be added to the agenda or discussed at a meeting.
(B) [Repealed by Ord. 94-071(sub1), § 4 (part), 1994 and recodified at MSB 15.08.080(E)]
(C) [Repealed by Ord. 01-158 § 2, 2001]
(D) The commission shall adjourn in all cases not later than midnight.
(E) The order of business at special meetings shall be prescribed by the chairperson.
(F) At every regular meeting, the order of business shall be as follows:
(1) call to order/roll call/determination of quorum;
(2) approval of agenda;
(3) pledge of allegiance;
(4) consent agenda;
(5) approval of minutes;
(6) introductions for public hearings;
(7) committee reports;
(8) agency and staff reports;
(9) land use classifications;
(10) audience participation (for items other than public hearings- three minutes per person);
(11) public hearings (three minutes per person);
(12) correspondence and information;
(13) unfinished business;
(14) new business;
(15) commission business;
(16) commissioner comments;
(17) adjournment.
(Ord. 23-089, § 12, 2023; Ord. 03-086, § 2, 2003; Ord. 01-158, § 3, 2001; Ord. 94-071(sub1), § 4 (part), 1994; Ord. 92-015, § 2, 1992; Ord. 88-60, § 3 (part), 1988; Ord. 88-14, § 2, 1988; Ord. 87-30, § 3, 1987; Ord. 85-65, § 2, 1985; Ord. 83-91, § 2, 1983; Ord. 73-5, § 3 (part), 1973)
15.08.120 OFFICE AND STAFF.
(A) The commission shall be provided office space suitable for its needs adequate to file its journals, resolutions, records, reference materials, correspondence and maps, plats and charts, all of which shall constitute public records of the borough.
(B) The planning commission shall be assisted by the planning and land use director and the planning and land use director’s staff.
(Ord. 94-071 (sub1), § 4 (part), 1994; Ord. 73-5, § 3, (part), 1973)
15.08.130 FORMAL ACTS BY RESOLUTION.
All formal actions of the commission shall be by resolution.
(Ord. 73-5, § 3 (part), 1973)
15.08.140 FUNDS.
All planning commission funds received as fees and charges or otherwise shall be deposited in the borough’s general fund as receipts of the activities of the commission.
(Ord. 94-071 (sub1), § 4 (part), 1994; Ord. 73-5, § 3 (part), 1973)
15.08.150 CONFLICT OF INTEREST; EX PARTE CONTACT.
(A) A commission member shall not participate in deliberation or vote on a question if:
(1) The commission member or a member of the commission member’s immediate family has a substantial financial interest in any property affected by the decision;
(2) The commission member or a member of the commission member’s immediate family could foreseeably profit in any material way through a favorable or unfavorable decision.
(B) Commission members shall be impartial in all administrative decisions, both in fact and in appearance. No member may receive or otherwise engage in ex parte contact with the applicant or appellant, or other parties interested in the application or appeal, or members of the public, concerning the application or appeal or issues presented in an application or notice of appeal, either before the application or appeal hearing or during any period of time the matter is submitted for decision or subject to reconsideration. This section shall not prevent commission members from discussing an application or appeal among themselves, or prohibit communications between borough staff and commission members where the staff members are not named parties to the application or appeal, or members of an organization which in its own name has become an active party to an application or appeal.
(Ord. 94-071 (sub1), § 4 (part), 1994; Ord 85-5, § 2, 1985)