AGENDA #4f
to: Mayor and Town Council
from: W. Calvin Horton, Town Manager
subject: Response to Petition regarding Filling of Vacancies on the Bicycle and Pedestrian Advisory Board
date: November 9, 2005
The purpose of this report is to respond to a petition from the Bicycle and Pedestrian Advisory Board regarding the filling of vacancies.
In September 2004, the Council enacted an ordinance to amend the membership of the Bicycle and Pedestrian Advisory Board to include a member outside the Town limits of Chapel Hill from either the City or County of Durham or Chatham County.
In June 2005, the Durham/Chatham County position became vacant.
On October 10, 2005, the Council received a petition from the Chair of the Bicycle and Pedestrian Advisory Board requesting an amendment to the Town Code regarding filling the vacancies on the Board with regard to the Durham/Chatham County member position.
The Board suggested that after advertising and a suitable waiting period, the Town Council allow a Chapel Hill resident to fill the vacant seat if there is no eligible applicant considered suitable. Then when a Chapel Hill seat becomes vacant if there is an eligible Durham/Chatham County applicant at that time, the Town Council could appoint that person.
There is a similar provision for filling public housing member seats for the Housing and Community Development Advisory Board. The following is an excerpt from the Council Procedures Manual.
“If a seat designated for a resident of public housing remains vacant after one year of recruitment efforts, the Council shall assess the quality and effectiveness of the recruitment efforts and, if dissatisfied with those efforts, shall direct further recruitment. Should the Council be satisfied that reasonable recruitment efforts have been conducted and no suitable public housing resident is available, the seat shall be filled by an at-large Chapel Hill applicant. If this occurs, any future at-large vacancy shall be filled by a resident of public housing, providing there is an application from a public housing resident on file with the Town Clerk and the Council votes to make the appointment, until such time as three seats on the Board are held by public housing residents.”
Recently, the Town Clerk’s office received an application from an applicant living in Durham that the Board has not had a chance to review.
We recommend enacting the attached ordinance amending the process for filling positions on the Bicycle and Pedestrian Advisory Board.
1. Petition from the Bicycle and Pedestrian Advisory Board (p. 4).
AN ORDINANCE AMENDING ARTICLE XII, CHAPTER 2 OF THE TOWN CODE REGARDING THE COMPOSITION OF THE BICYCLE AND PEDESTRIAN ADVISORY BOARD (2005-11-09/O-4)
BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
Section 1.
Section 2-171 of the Town Code is hereby amended to read as fol1ows:
“Sec. 2-171. Membership, terms.
The bicycle and pedestrian advisory board shall consist of ten (10) members appointed as hereinafter provided. The Town Council shall appoint one (1) representative from the Town of Carrboro, one (1) representative from Orange County, one (1) representative outside the town limits of Chapel Hill from either Durham City/County or Chatham County to be members of the board. The University shall appoint one (1) representative from their bicycle management to be a member of the board. The terms of office shall be three (3) years, or until their successors are appointed and qualified, except that the initial terms of members first appointed shall be as follows: three (3) members shall be appointed for a period of one (1) year, three (3) members shall be appointed for a period of two (2) years, and four (4) members shall be appointed for a period of three (3) years. Members may be reappointed to succeed themselves. The terms of all members shall expire on the 30th day of June following the end of the final year of their terms.
If the seat designated for a representative outside the town limits of Chapel Hill from either Durham City/County or Chatham County remains vacant after a reasonable period of recruitment efforts, the Council shall assess the quality and effectiveness of the recruitment efforts and, if dissatisfied with those efforts, shall direct further recruitment. Should the Council be satisfied that reasonable recruitment efforts have been conducted and no suitable representative outside the town limits of Chapel Hill from either Durham City/County or Chatham County is available, the seat shall be filled by an at-large Chapel Hill applicant. If this occurs, any future at-large vacancy shall be filled by a representative outside the town limits of Chapel Hill from either Durham City/County or Chatham County, providing there is an application from a representative outside the town limits of Chapel Hill from either Durham City/County or Chatham County on file with the Town Clerk and the Council votes to make the appointment, until such time as one seat on the Board is held by a representative outside the town limits of Chapel Hill from either Durham City/County or Chatham County.”
Section 2. This ordinance shall be effective November 10, 2005.
This the 9th day of November, 2005.