[HISTORY: Adopted by the Mayor and Council of the Town of
Smithsburg as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 84.
[Adopted 2-3-2004 as Ch. 2, Title 4, of the 2004 Code]
There is hereby created a Planning Commission, the territorial
jurisdiction of which shall extend only over the corporate limits
of the Town.
The Planning Commission shall consist of five members, including
one Councilperson ex officio member, and the Development Coordinator,
each to serve for five years or until his successor takes office,
except that the term of the Councilperson named as ex officio member
shall correspond to his official tenure.
All members shall serve without compensation and may be removed
by the Mayor and Council for inefficiency, neglect of duty or malfeasance
in office. All shall be eligible for reappointment.
The Planning Commission shall elect a Chairperson from amongst
its appointed members for one year, who shall be eligible for reelection,
and shall fill such other of its offices as it may determine.
Subject to approval of the Mayor and Council, the Planning Commission
may appoint such employees as it may deem necessary for its work and
contract with planners, engineers, architects and other consultants
for such services as it may require. The expenditures of the Commission,
exclusive of gifts, shall be within the amounts appropriated for the
purpose by the legislative body, which shall provide the funds, equipment
and accommodations necessary for the Commission's work.
The Planning Commission shall have all of the powers, functions
and duties as provided in the Land Use Article of the Annotated Code
of Maryland.
[Adopted 2-3-2004 as Ch. 2, Title 5, of the 2004 Code]
Other boards or commissions may be created by the Mayor and
Council by resolution.
A.
The board or commission shall be solely advisory in nature to the
Mayor and Council.
B.
The duties of the board or commission shall be as specified by the
terms of the resolution creating it.
C.
A board or commission shall report monthly or as otherwise required
by the Mayor and Council to the Mayor and Council, in writing or otherwise,
on the progress of its activities and the results of its consideration
of any matters referred to it or otherwise taken up by it, along with
its recommendation, if any.
The board or commission shall have such members as established
by the Mayor and Council.
A.
Terms of membership may be staggered; terms may not exceed four years.
B.
Upon the occurrence of a vacancy by resignation, etc., of a member,
the Mayor and Council shall appoint a member to fill the unexpired
term.
C.
The Mayor may, from time to time, designate one or more of the Councilpersons
to serve on the board and may remove the same.
D.
The Mayor and Council may, by majority vote of its entire membership,
remove a citizen member from the board.
E.
The Mayor and Council may, by simple majority vote, terminate the
existence of a board or commission.
The members of the board shall serve without compensation for
their services on the board, unless otherwise provided by the Mayor
and Council.
A.
The officers of the board shall consist of a Chairperson and Vice
Chairperson.
(1)
Unless a Chairperson is designated by the Mayor and Council, the
Chairperson shall be elected by the members of the board and will
hold such office at the pleasure of the Mayor and Council.
(2)
The Vice Chairperson shall be elected by the members of the board
and will hold such office at the pleasure of the Mayor and Council.
B.
The board shall elect a Secretary from its members to take minutes
and maintain records.
A quorum at any meeting of the board shall be a simple majority
of voting members.
The board shall adopt, subject to the approval of the Mayor
and Council, bylaws and amendments thereto relating to its rules of
operation and the conduct of its meetings.
The Town shall obtain for the board all services and supplies
as the board shall direct within the limits of the board's appropriate
funds and such other services and funds as shall be authorized by
the Mayor and Council.
The board shall keep records of its official actions, minutes
and reports of the board. These records shall be retained by the Secretary,
with a copy provided to the Clerk-Treasurer for the records of the
Town.
Where the requirements of this article conflict with state law,
the requirements of state law shall prevail to the extent of the conflict.
