Addison County Regional Planning Commission

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Addison County Regional Planning Commission

BYLAWS

ARTICLE I: LEGAL BASIS

24 Vermont Statutes Annotated, Chapter 117.

ARTICLE II: NAME

The name of this regional planning commission shall be the Addison County Regional Planning Commission, hereinafter referred to as the Commission.

ARTICLE III: POWERS OF THE COMMISSION

The Commission may:

1. Undertake studies and make recommendations on land development, urban renewal, transportation, economic, industrial, commercial, and social development, urban beautification and design improvements and historic and scenic preservation, the conservation of energy and the development of renewable energy sources, and wetland protection;
2. Require from each municipality and all state agencies such available information as relates to the work of the regional planning commission;
3. In the performance of its functions, enter upon land to make examinations and surveys;
4. Retain staff and consultant assistance in carrying out its duties and powers;
5. Undertake comprehensive planning, including related preliminary planning and engineering studies;
6. Carry out, with the cooperation of municipalities within the region, economic development programs for the appropriate development, improvement, protection and preservation of the region' s physical and human resources;
7. Perform such other acts or function as it may deem necessary or appropriate to fulfill the duties and obligations imposed by, and the intent and purposes of, 24 VSA, Chapter 117.

ARTICLE IV: STATUTORY DUTIES OF THE COMMISSION

As provided in Section 4345a of 24 VSA 117, the Commission shall:

1. Promote the mutual cooperation of its municipalities and assist and advise municipalities, compacts and authorities within the region to facilitate economic development programs for the appropriate development, improvement, protection and preservation of the region' s physical and human resources.
2. Advise municipal governing bodies with respect to public financing.
3. Provide technical and legal assistance to municipalities in the preparation and maintenance of plans, capacity studies and bylaws and in related implementation activities.
4. Cooperate with the planning, legislative or executive authorities of neighboring states, regions, cities or municipalities to promote coordination of planning for conservation and development of the region and adjoining or neighboring territory.
5. Prepare a regional plan and amendments that are consistent with the goals established in Section 4302 of this title, and compatible with approved municipal and adjoining regional plans. When preparing a regional plan, the regional planning commission shall:

a) Develop and carry out a process that will encourage and enable widespread citizen involvement;
b) Develop a regional database that is compatible with, useful to, and shared with the geographic information system established under 3 VSA. § 8, to identify viable agricultural lands;
c) Conduct capacity studies;
d) Identify areas of regional significance. Such areas may be, but are not limited to, historic sites, earth resources, rare and irreplaceable natural areas, recreation areas and scenic areas;
e) Use a land evaluation and site assessment system, that shall at a minimum use the criteria established by the commissioner of agriculture under 6 VSA § 8, to identify viable agricultural lands;
f) Consider the probable social and economic consequences of the proposed plan; and
g) Prepare a report explaining how the regional plan is consistent with the goals established in Section 4302 of this title.

6. Prepare implementation guidelines that will assist municipalities and the regional commission in developing a planning process that will attain, within a reasonable time, consistency with the goals established in Section 4302 of this title. Guidelines, which may be revised at any time, shall be prepared initially by July 1, 1989.
7. Prepare, in conjunction with the commissioner of the department of housing and community affairs, guidelines for the provision of affordable housing in the region, share information developed with respect to affordable housing with the municipalities in the region and with the commissioner of the department of housing and community affairs, and consult with the commissioner when developing the housing element of the regional plan.
8. Confirm municipal planning efforts, where warranted, as required under Section 4350 of this title and provide town clerks of the region with notice of confirmation.
9. At least every five years, review the compatibility of municipal plans, and if the regional planning commission finds that growth in a municipality without an approved plan is adversely affecting an adjoining municipality, it shall notify the legislative body of both municipalities of that fact and shall urge that municipal planning be undertaken to mitigate those adverse effects. If, within six months of receipt of this notice, the municipality creating the adverse effects does not have an approved municipal plan, the regional commission shall adopt appropriate amendments to the regional plan as it may deem appropriate to mitigate those adverse effects.
10. Develop strategies specifically designed to assist municipalities in defining and managing growth and development that have cumulative impacts.
11. Review proposed state capital expenditures for compatibility with regional plans.
12. Assist municipalities to review proposed state capital expenditures for compatibility with municipal plans.
13. Appear before district environmental commissions to aid them in making a determination as to the conformance of developments and subdivisions with the criteria of 10 VSA§ 6086.
14. Appear before the public service board to aid the board in making determinations under 30 VSA § 248.
15. Hold public hearings.
16. Before requesting review by the council of regional commissioners or the services of a mediator pursuant to Section 4305 of this title, with respect to a conflict that has arisen between adopted or proposed plans of two or more regions or two or more municipalities located in different regions, appoint a joint inter-regional commission, in cooperation with other affected regional commissions for the purpose of negotiating differences.

ARTICLE V: MEMBERSHIP

Section 501: Municipalities.

501.1 Membership of municipalities in the Commission shall be in two categories:

a. Voting
b. Non-voting

Voting municipalities are those that are current in their payment of annual assessments. Non-voting municipalities are those who have chosen not to pay an annual assessment.

501.2 Each municipality of Addison County except Granville and Hancock shall be considered a member of the Commission. Municipalities that are considered members may change pursuant to § 4341 (a) of 24 VSA Chapter 117.

501.3 Voting privileges and representation on the Executive Committee of, or holding elected office in, the Commission shall be contingent upon payment to the Commission of an annual assessment by July 30 of each year by the municipality represented. The delegates of nonvoting municipalities shall retain voting privileges in the matters of regional plan adoption pursuant to 24 VSA Chapter 117 § 4348(f), and decisions of the Commission regarding approval of local plans and confirmation of local planning processes, pursuant to 24 VSA Chapter 117 § 4350(f).

501.4 A municipality which has elected to forego its voting privileges by not paying the annual assessment, shall be required, in order to regain its voting privileges, to pay its assessment for each delinquent year up to a maximum of three (3).

501.5 Delegates.

a. Representation of member municipalities shall be apportioned annually at the same time as membership assessment is approved using the most recent Vermont Department of Health population estimates excluding group quarters population. New representation opportunities shall become effective July 1. The following shall be the basis for apportionment of representatives:

Population of Municipality

Number of Delegates

0-1 000 persons

1

1001-2500 persons

2

over 2500 persons

3

b. The legislative body of each member municipality shall annually appoint its delegate(s) to the Commission and shall notify the Commission in writing by June 30 of each year, or immediately if there is a change during the year. Delegates shall, within the stipulations of Section 501.3, have voting privileges and shall be eligible to serve on the Executive Board, hold any office in the Commission (except those for which remuneration is provided) and to serve on or chair any committee.

Section 502: Citizen Interest Groups.

502.1 A Citizen Interest Group may become a member, by application, upon a two-thirds vote of approval by the voting members present at any regular meeting. A Citizen Interest Group shall not be assessed for membership.

502.2 The total number of Citizen Interest Group delegates shall not exceed one-fourth of the total number of municipal delegates.

502.3 A Citizen Interest Group shall have one delegate, appointed by the Group on an annual basis, who shall have voting privileges on all matters except:

a. Admission or removal of Citizen Interest Groups.
b. Adoption of a regional plan.
c. Assessments of municipalities.
d. Approval of local plans or confirmation of local planning process.

The Commission shall be notified by the Community Interest Group in writing of their delegate by June 30 of each year and of any change in delegate during the year. The delegate may be on any Committee including the Executive Board but may not hold any office.

502.4 Termination of Membership. A Community Interest Group's membership shall be terminated by:

a. A two-thirds vote of the membership eligible to vote at any regular or special meeting upon two weeks notice of the proposed vote.
b. Failure to be represented at four consecutive meetings of the Commission.

Section 503: Alternates.

503.1 The body which appoints a delegate or Citizen Interest Group delegate may annually appoint an alternate to serve in the absence of the delegate. The alternate shall have voting privileges only when serving in place of an appointed voting member.

503.2 Alternates shall not be eligible to hold office in the Commission or serve on the Executive Board.

503.3. Alternates may serve on or chair any committee.

Section 504: Resignation.

All resignations shall be submitted to the Commission in writing. All appointments shall be made by the appointing body in writing to the Commission.

ARTICLE VI: MEMBERSHIP ASSESSMENT

Member municipalities of the Commission shall appropriate funds to the Commission. Assessments to municipalities shall be made on a per capita basis with a minimum the per capita amount to be decided by the Commission membership eligible to vote on the matter in time for inclusion in warnings of Annual Town Meetings. The most recent population estimate available from the Vermont Department of Health, excluding group quarters population, or the most recent preliminary or final census count available from the US Census, excluding group quarters population, shall be used as the basis for determining assessments. Each municipality shall notify the Commission in writing on or before April 1 of each year as to its intent to retain voting membership, and membership assessments shall be due and payable on or before June 30.

ARTICLE VII: COMMISSION VOTING MEMBERSHIP

Section 701: Composition.

The voting membership of the Commission shall be composed of its delegates and citizen interest representatives, with the limitations contained in Article V.

Section 702: Powers and Duties.

The voting membership of the Commission shall be its policy making body. In addition to the powers and duties set forth in the Statute and Article III of these bylaws, the voting membership of the Commission shall have the power, without limitation, except as contained in Article V to:

1. Exercise the authority of the Commission;
2. Approve the annual budget of the Commission;
3. Oversee the operation of the Commission;
4. Prescribe such operating procedures, in addition to those set forth herein, as are necessary to guide the Executive Board, Executive Director, and other staff, officers, and committees in the performance of their duties;
5. Instruct or assign additional duties to any committee, officer, staff member, or the Executive Board;
6. Authorize the creation of all staff positions;
7. Authorize the expenditure of all monies over and above the approved budget of the Commission.

Section 703: Special Voting Procedures.

Pursuant to 24 VSA Chapter 117 § 4350(f), confirmation and approval decisions shall require a majority affirmative vote of all delegates representing municipalities. Delegates must be present to cast votes.

Section 704: Regional Plan Adoption - Voting Procedures.

704.1 Pursuant to 24 VSA Chapter 117 Section 4348(f), adoption or amendment of the Regional Plan shall require not less than a sixty percent vote of all delegates representing municipalities. Additionally, a majority vote of the municipalities represented at such vote shall be required for the adoption of a regional plan or amendment to said plan. Delegates must be present to cast votes.

ARTICLE VIII: MEETINGS

Section 801: Regular Meetings.

The regular meetings of the Commission shall be held at least six times a year as follows: September, December, March, April, May, and June.

Section 802: Annual Meeting.

The regular meeting in May shall be known as the annual meeting and shall be for the purpose of electing officers, receiving reports of officers and committees, and any other business that may arise.

Section 803: Special Meeting.

Special meetings may be called by the Chairman or Executive Board on their own initiative and shall be called by the Chairman upon written request of ten voting delegates of the Commission.

Section 804: Notice of Meeting.

Notice of regular or special meetings of the Commission shall be mailed by the Executive Director or Secretary to voting members and alternates one week in advance.

Section 805: Minutes.

The Secretary shall be responsible for the minutes of all Commission meetings.

Section 806: Quorum.

A minimum of one-third of the voting municipalities shall be represented in order for a quorum to be met for Full Commission meetings. Unless specifically stated otherwise in these bylaws or in 24 VSA Chapter 117, official Commission action shall require a majority vote of delegates present and voting.

ARTICLE IX: OFFICERS

Section 901: Composition.

The officers of the Commission shall be a Chairman, Vice-Chairman, Secretary and Treasurer.

Section 902: Powers and Duties.

902.1 Chairman. The Chairman of the Commission shall:

a. Be the chief executive officer; and shall represent the Commission on other organizations or appoint a designated representative;
b. Call and preside at meetings of the Commission;
c. Appoint the chairman and membership of all committees except the nominating committee;
d. Serve as an ex-officio member of all committees except the nominating committee;
e. Sign all contracts and, in the absence of the Treasurer, all checks, notes, and drafts;
f. Perform such other duties as are assigned by these bylaws and as are customary to the office.
g. The Chairman shall be bonded for faithful performance of his duties in an amount to be determined and approved by the Commission. The premium for such bond shall be paid from Commission funds.

902.2 Vice-Chairman. The Vice-Chairman of the Commission shall act as Chairman of the Commission in the absence or incapacity of the Chairman.

902.3 The Secretary of the Commission shall be responsible for the keeping of an accurate and complete record of all Commission meetings and official actions. The Secretary shall perform such other duties as are required by these bylaws and as are customary to the office.

902.4 Treasurer. The Treasurer of the Commission shall be bonded for the faithful performance of his duties in an amount to be determined and approved by the Commission. The premium for such bond shall be paid from Commission funds. The Treasurer shall:

1. Carry out the directives of the Commission;
2. Be responsible for the prompt deposit of funds in such depositories as may be designated by the Commission;
3. Be responsible for supervising and keeping of such books and accounts as may be ordered by the Commission or Executive Board;
4. Be responsible for the signing of all checks, notes, and drafts in the name of the Commission;
5. Be responsible for monthly reporting of the current operating expenditures of the Commission;
6. Perform such duties as are assigned by these bylaws and as are customary to the office.

Section 903: Eligibility.

A candidate for any office must be a voting municipal delegate.

ARTICLE X: NOMINATIONS, ELECTIONS AND TERMS

Section 1001: Nominations.

A nominating committee consisting of three voting members shall be elected at the March meeting of the Commission. The nominating committee shall render its report of nominations for all elective offices and at large members of the Executive Board at the subsequent April meeting. Members of the nominating committee may be nominated for any position for which they are eligible. The nominating committee must obtain acceptance of nomination from each person whom it wishes to nominate prior to rendering its report. Nominations may also be made from the floor, with the consent of the nominee, at either the meeting at which the nominating committee makes its report, or the meeting at which elections take place.

Section 1002: Elections.

The Commission officers and at-large members of the Executive Board shall be elected by voice vote at the May meeting by majority vote of the voting delegates present unless a secret ballot is requested by three voting delegates present. Voting delegates may vote for any eligible person. If no candidate for a particular office obtains a majority, the balloting shall be repeated for that office as many times as necessary to obtain a majority vote of those voting delegates present for a single candidate.

Section 1003: Term.

The terms of office of all officers and at-large members of the Executive Board shall begin July 1 and shall end June 30, but officers shall hold office until their successors have been elected and installed. All officers and at-large members of the Executive Board shall be elected for a term of one year, but may not serve more than three consecutive terms in the same office, and no more than five consecutive terms on the Executive Board.

Section 1004: Vacancies.

A vacant office shall be filled by a majority vote of the delegates at the next Commission meeting. Officers and at-large members of the Executive Board so elected shall hold office only for the balance of the current term or until their successors are elected and installed.

Section 1005: Representative to the Council of Regional Commissions.

The Executive Board shall nominate a representative to the Council of Regional Commissions annually at the April Meeting. Nominations may also be made from the floor. The representative may hold any other Commission office. The eligibility, election, term and procedure for filling a vacancy in this position shall be the same procedure used for officers of the Commission

ARTICLE XI: EXECUTIVE BOARD

Section 1101: Composition.

The Chairman, Vice-Chairman, Secretary, and Treasurer and three at-large members elected as described in Article X serve as an Executive Board.

Section 1102: Purpose.

The purpose of the Executive Board shall be to implement and supervise the policies and programs of the Commission and to review and recommend to the Commission all matters of policy affecting the activities of the Commission including, but not limited to, regional planning recommendations, program and scope, personnel policies and finances.

Section 1103. Powers and Duties.

The Executive Board shall be subject to the orders of the Commission voting membership, and none of its acts shall conflict with action taken by the Commission. The duties of the Executive Board will include, but not be limited to, the following:

1. To carry out the instructions of the Commission voting membership;
2. To supervise the affairs of the Commission between its regular meetings, but to act for the Commission only when immediate action is required and the Commission voting membership would not be able to take the necessary action in time;
3. To be responsible for the normal operating expenditures of the Commission;
4. To review and recommend the annual budget of the Commission as drafted by the Executive Director and to transmit it to the Commission for final approval;
5. To review and recommend the financing procedure for regular funding of the Commission and to transmit it to the Commission for final approval;
6. To nominate the Commission's representative to the Council of Regional Commissions for election by the Full Commission pursuant Section 1005 of these Bylaws;
7. To implement, with the assistance of the Executive Director, general personnel policies of the Commission and other matters which would tend to promote good working conditions and morale among the Commission staff; and to review and recommend changes to the personnel policies;
8. To recommend appointment and removal of the Executive Director, subject to approval of the Full Commission, and to determine compensation of the Executive Director and otherwise implement personnel policies;
9. To approve the retention of consultant staff;
10. To determine scope and content of the annual work program and transmit it to the Commission for final approval, and to report progress;
11. To establish the fiscal year;
12. To adopt, formulate, and record its policies, rules and regulations for easy reference;
13. To submit a report of its activities at each Commission meeting;
14. To review and comment on Committee recommendations and to forward such recommendations unchanged to the Full Commission.

Section 1104: Meetings.

Regular meetings of the Executive Board shall be held once each month at such time as the Executive Board members shall determine. Special meetings of the Board may be called by the Chairman or Executive Director and shall be called written request of three members of the Board. A quorum to conduct business shall consist of a simple majority of the membership.

ARTICLE XII: STAFF

Section 1201: Composition.

The staff of the Commission shall be an Executive Director, and other staff as approved by the Executive Board to implement the work program approved by the Commission voting membership.

Section 1202: Executive Director: Powers and Duties.

The Executive Director shall:

1. Exercise the powers and duties assigned by the Commission and the Executive Board;
2. Fill all staff positions authorized by the Commission pursuant to the personnel policies;
3. Direct a regional planning and development program as approved by the Commission and within the framework of applicable state and federal regulations.

Section 1203: Equal Opportunity Employment.

No person seeking employment or having business with the Commission shall be discriminated against for reasons of race, religion, color, sex, age, handicaps or place of national origin. The Executive Director shall take affirmative steps to ensure this policy is followed.

ARTICLE XIII: COMMITTEES

Section 1301: Composition.

Upon assuming office each year, the Executive Board shall appoint the chairperson and membership of such standing committees as are deemed necessary to fulfill the responsibilities of the Commission. The Executive Board may also appoint the Chairperson and membership of ad hoc committees deemed necessary during their term.

Committee chairpersons must be delegates from voting municipalities. Any person shall be eligible to serve on a committee Voting on policy committees shall be limited to delegates, including Citizen Interest delegates, except that ad hoc committees structured especially to meet the requirements of a law or funding source, such as solid waste committees under Act 78, or transportation planning committees under the Federal Intermodal Surface Transportation Efficiency Act (ISTEA), are not subject to the voting rule. Such committees if possible under their enabling legislation/funding, should have a town delegate as chairperson.

The Executive Board shall make Committee appointments from a list of recommendations prepared by the Committee to whom new members are being appointed. Any Commissioner may add recommendations to that list. The Executive Board shall review the recommendations and make appointments such that balanced representation occurs within each committee.

Committee recommendations shall be submitted to the Executive Board by July 1 of each year. The Executive Board shall make its appointments by September 1 of each year.

Any committee chairperson may, with the approval of the Executive Board, appoint subcommittees to work on specific sections within his jurisdiction.

No committee shall consist of fewer than three members.

Vacancies on committees shall be filled using the same procedures.

Section 1302: Powers and Duties.

Committees shall have the power to gather information, prepare reports and make recommendations to the Full Commission through the Executive Board. No committee may take unilateral action in behalf of the Commission without approval of the Commission voting membership

Section 1303: Standing Committee Meetings.

A simple majority of subcommittee members shall be present in order for a quorum to be met for standing committee meetings.

ARTICLE XIV: RESOLVING CONFLICTING INTERESTS

A public official must exercise his or her authority for the benefit of the public. Any delegate who has a conflict of interest may disqualify himself from business before the Commission.

In the event a delegate is uncertain whether he or she or any other delegate has a conflict of interest in any matter, he or she may request the Commission to determine whether a conflict of interest exists and the Commission shall resolve the question by a majority vote. If the Commission concludes that a delegate has a conflict the Commission shall have the right to exclude that delegate from voting or taking action on the subject matter. Prior to action taken by the Commission any delegate may request that the Commission go into executive session to determine whether a conflict of interest exists as to another Commissioner or him/herself.

ARTICLE XV: SUPPLEMENTARY PROVISIONS

Section 1501: Parliamentary Authority.

The rules contained in the current edition of Robert's Rules of Order shall govern the Commission in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any special rules of order the Commission may adopt.

Section 1502: Amendment of Bylaws.

These bylaws may be amended at any regular meeting of the Commission by a two-thirds vote of delegates present and voting, provided that the amendment has been submitted in writing at the previous regular meeting and included in the notice of the meeting at which such vote occurs.

Section 1503: Separability.

If any provision of these bylaws is held invalid, the other provisions of the Addison County Regional Planning Commission Bylaws shall not be affected thereby.