(A) Establishment. There is hereby established a City of Nehalem Planning Commission.

(B) Membership. The Commission shall consist of five members comprised as follows: At least three members who reside within the City limits. The remaining two members may include a person who resides outside the City limits, but inside the City urban growth boundary, and may include a person who is either an owner or manager of an existing business which is located within the City limits, regardless of the residence of that person. No member of the Commission shall be an official of the City and no member of the Commission shall be an employee of the City.

(C) Term of office. Members of the Planning Commission shall be appointed by the City Council for a term of four years from the first calendar day of the year; except that initial appointments shall be for other specified terms to establish an approximately equal expiration of terms each year.

(D) Vacancies and appointments. All positions shall be by appointment of the City Council. The initial appointment terms shall be staggered so that not more than two position appointment terms end in any calendar year. Appointments to fill vacancies shall be for the remainder of the unexpired term.

(E) Vacancies and removals. A position on the Planning Commission shall be deemed vacant immediately upon any of the following events occurring:

If any appointed member resigns prior to the expiration of their appointment term, the City Council shall make an appointment for the remainder of the unexpired term. A member may be involuntarily removed by the City Council after hearing for misconduct or for nonperformance of duty. A member who is absent for three consecutive meetings without an excuse approved by the Planning Commission is presumed to be in nonperformance of duty and the City Council shall declare the position vacant at the request of the Planning Commission.

(F) Presiding members. At its first meeting of each calendar year, the Commission shall elect a Chairperson and Vice-Chairperson to serve one-year terms, or until election of new officers, whichever occurs first.

(G) Quorum. A majority of the members of the Planning Commission shall constitute a quorum. A majority of a quorum present at any meeting shall be required to make decisions. The Chairperson of the Planning Commission shall be a nonvoting member except in the case of tie votes when the Chairperson shall cast the deciding vote.

(H) Meetings. The Commission shall meet as business may require. In the event that there is an application or other item of business submitted for Commission review and decision, a meeting shall be called by the City Manager or by the Planning Commission Chairperson within 30 days of receipt of the application or item needing action. Meetings of the Commission shall be open to the public and shall comply with all required public meetings laws. The Planning Commission may set other meeting dates and times at any meeting of the Planning Commission. The Chairperson, upon his or her own motion, may, or at the request of three members of the Commission shall, by giving notice to members of the Commission, call a previously unannounced special meeting of the Commission for a time and date as may be called under state law. Notice of any Commission meeting shall be posted at the City Hall and on the City Hall website, and may be posted elsewhere in the City. To the extent feasible, the City shall provide notice to interested persons via email at least 24 hours prior to the meeting, if the person has requested notice and has provided an email address to the City for such notification purposes.

(I) Compensation. The Planning Commission members shall not receive any compensation for their services as Commissioners. However, they may be reimbursed for duly authorized expenses incurred in the performance of their duties.

(J) Powers and duties. The Commission shall have the powers and duties which are now or may be hereafter assigned to it by charter, ordinance or resolution of the City and the general laws of the state. The Planning Commission includes, but is not limited to, all authority granted by O.R.S. Chapter 227. (Ord. 2019-01, passed 02/11/2019)