AGENDA #4f

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Revision to Stormwater Management Utility Ordinance

 

DATE:             January 10, 2005

 

 

The attached ordinance would amend Section 23-17 of the Town Code of Ordinances to delete the numerical reference included in the description of the Stormwater Management Utility Advisory Board quorum and simple majority necessary for the board to take official action.  The Manager recommends enactment of the ordinance.

 

BACKGROUND AND DISCUSSION

 

On June 14, 2004, the Town Council enacted an ordinance establishing a Stormwater Management Utility and a Stormwater Management Utility Advisory Board.  Section 23-12 of the Town Code, Membership Qualifications and Terms, states that the stormwater advisory board would consist of nine members.  Section 23-17 of the Town Code, Quorum and Voting, states that a quorum and simple majority of the Advisory Board would consist of five members and that a simple majority was necessary to take any official Board action.

 

On December 6, 2004, the Town Council enacted a revision to Section 23-12 of the Town Code regarding the eligibility requirements for members of the Advisory Board.  The Council also took action to increase the number of residential representatives appointed to the Board from four to six.  With this change, a total of eleven members could be appointed to serve on the Board.

 

The current language in Section 23-17 of the Town Code, Quorum and Voting, describes the quorum and simple majority of the Advisory Board.  This description includes a numeric reference stating that a quorum and simple majority would consist of five (5) members of the Board.  This number is based on the original nine member Board composition.

 

The proposed revision to Section 23-17 would remove the numeric reference and define a quorum as a simple majority of the Advisory Board.  The revision would also clarify that a simple majority of those members present at a meeting would be required for any official Board action, provided a quorum is present.

 

We think that the proposed revisions would maintain the intent of the Ordinance and would clarify the meaning and application of a quorum and a simple majority, in the context of Board actions, regardless of the size of the Board.

 

MANAGER’S RECOMMENDATION

 

The Manager recommends enactment of the attached ordinance that would amend Section 23-17 of the Town Code of Ordinances to delete the numerical reference included in the description of the Stormwater Management Utility Advisory Board quorum and simple majority necessary for the board to take official action.

 

AN ORDINANCE AMENDING SECTION 23-17 OF THE TOWN CODE OF ORDINANCES REGARDING THE DESCRIPTION AND APPLICATION OF THE STORMWATER MANAGEMENT UTILITY ADVISORY BOARD QUORUM AND SIMPLE MAJORITY (2005-01-10/O-3)

 

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

 

Section 1.  Section 23-17 of the Town Code is hereby revised to read as follows:

 

“Sec. 23-17.  Quorum and Voting.

 

A quorum and simple majority of the Board shall consist of five (5) members a simple majority.  The vote of a simple majority of those present at a meeting, a quorum being present, shall be necessary to take any official Board action.”

 

Section 2.  This Ordinance is effective upon enactment.

 

This the 10th day of January, 2005.