AGENDA #4L

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Proposed Amendment to Section 23.12 of the Stormwater Management Utility Ordinance Regarding Eligibility Requirements for Service on the Town Stormwater Utility Management Advisory Board

 

DATE:             December 6, 2004

 

 

Enactment of the following ordinance would amend Section 23.12 of the Stormwater Management Utility Ordinance regarding eligibility requirements for applicants wishing to serve on the Town Stormwater Management Utility Advisory Board. 

 

BACKGROUND AND DISCUSSION

 

On June 14, 2004, the Council enacted an Ordinance establishing a Stormwater Management Utility and a Stormwater Management Utility Advisory Board. Section 23-12 of the Ordinance, Membership Qualifications and Terms, includes a requirement that all Board appointees reside within the corporate limits of the Town of Chapel Hill during their terms of service.

 

Under the current Ordinance language, the Board is to include a total of nine members: three single-family residential property owners; five owners or employees of companies owning property used for multi-family, business, commercial, or non-profit purposes; and, one member employed by the University of North Carolina at Chapel Hill.

 

The Council has appointed three single-family residential property owners, one business owner/employee and one representative of the University of North Carolina at Chapel Hill.  The four remaining vacancies must be business owners or employees.

 

The Town has received applications from non-resident owners or employees of businesses located in Chapel Hill.  The owners of property located in Chapel Hill and used for multi-family, business, commercial, or non-profit purposes will be assessed a stormwater utility fee whether or not they reside within the Chapel Hill corporate limits.  We believe that it would be reasonable for owners and/or employees of properties that pay Utility fees and benefit from Utility programs be allowed to serve on the Stormwater Utility Advisory Board, regardless of their place of residence.

 

The proposed revisions in the Ordinance would clarify that property referred to in the Ordinance must be located within the Town of Chapel Hill and would eliminate the requirement that all Board appointees must reside within the corporate limits of Chapel Hill.

 

Under a separate item on tonight’s agenda, applications for the four remaining business owner/employee Board vacancies will be presented for the Council’s consideration.

 

MANAGER’S RECOMMENDATION

 

That the Council enact the attached ordinance amending Section 23.12 of the Stormwater Management Utility Ordinance regarding eligibility requirements for applicants wishing to serve on the Town Stormwater Management Utility Advisory Board; and that the Council appoint members to fill the vacant seats on the Stormwater Utility Advisory Board.

 

 

AN ORDINANCE AMENDING SECTION 23.12 OF THE TOWN CODE REGARDING ELIGIBILITY REQUIREMENTS FOR APPLICANTS WISHING TO SERVE ON THE TOWN STORMWATER MANAGEMENT UTILITY ADVISORY BOARD (2004-12-06/O-5)

 

 

BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

 

Section 1.  Section 23-12 of the Town Code is hereby revised to read as follows:

 

“Sec.  23.12.  Membership Qualifications and Terms.

 

            The Stormwater Management Utility Advisory Board shall consist of nine (9) members appointed by the Town Council.  All appointees shall reside within the corporate limits of the Town of Chapel Hill during their terms of service.  Board representation shall include three members who are single-family residential property owners of single-family residential property within Chapel Hill, five members who are owners or employees of companies owning property within Chapel Hill used for multi-family, business, commercial, or non-profit purposes, and one member employed by the University of North Carolina at Chapel Hill.

 

            The terms of board members shall be a maximum of three (3) years.  The terms of the original members may be staggered so that all terms do not expire simultaneously.  Vacancies shall be filled only for the remainder of the unexpired term of the vacant position.  Members of the Board shall demonstrate interest in support for the efficiency, effectiveness, goals and mission of the Town’s Stormwater Management Program.  Board members shall serve without compensation, but may be reimbursed for actual expenses incidental to the performance of their duties within the limit of funds available to the Board and identified by the Town Council for such purposes.

 

Section 2.  This Ordinance is effective upon enactment.

 

This the 6th day of December, 2004.