TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Resolution Modifying Council Policy on Appointments to Advisory Boards
DATE: March 4, 2001
This report responds to petition (copy attached) asking the Council to consider allowing citizens to serve on more than one advisory board.
BACKGROUND
Section II, F., 1, h of the Town Council Procedures Manual (page 43 of the Manual) provides as follows:
“h. Dual Membership.
An incumbent on a standing board, as listed in F.1.g.(1), Residence of Appointees, shall not be considered for appointment to another standing board unless he or she resigns before filing an application or is in the last six months of a term. Members of a standing board are eligible for appointment to an ad hoc committee or task force concurrent with their service on a standing board. Individuals may serve on multiple ad hoc committees or task forces concurrently.
This provision of the Council’s Procedures Manual currently does not allow extended service on more than one standing board. Standing boards include the following:
Bicycle and Pedestrian Advisory Board
Board of Adjustment
Chapel Hill Public Arts Commission
Community Design Commission
Greenways Commission
Historic District Commission
Housing and Community Development Advisory Board
Human Services Advisory Board
Library Board of Trustees
Orange Water and Sewer Authority
Parks and Recreation Commission
Personnel Appeals Committee
Planning Board
Technology Committee
Transportation Board
DISCUSSION
We believe that it would be reasonable for the Council to consider modifying its Procedures Manual to allow the Council to appoint interested citizens who are serving on the Board of Adjustment to also serve on other boards so long as the Board is not one which makes decisions which could be appealed to the Board of Adjustment. In the alternative, the Council could find that dual appointment would be appropriate for the Board of Adjustment (BOA) and all other Boards, with the understanding that if, for example, a Planning Board decision were appealed to the Board of Adjustment, a member serving on both would not participate in the Board of Adjustment’s review of the case.
We would not recommend, however, a general change to the Council policy on dual membership. We believe that the current policy of the Council encourages broad citizen participation and that the community benefits from having this participation.
The Board of Adjustment reviews appeals from decisions of the Town Manager, Planning Board, and Historic District Commission in the administration and application of the Development Ordinance and considers applications for variances from the requirements of the Town’s Development Ordinance. Over the past few years the Board has had periods of time when its work load has required it to meet on a monthly basis and has had periods of time when it has not had to meet for several months. Thus, citizens interested in participating in Town government by serving on a Town board may wish to be more involved than Board of Adjustment service provides.
Another reason to allow dual membership on the Board of Adjustment is because of special requirements of Board of Adjustment membership and voting that do not apply to other Boards. The Board of Adjustment is required to have representation from the Town’s extra-territorial planning jurisdiction and the joint planning area. Most decisions of the Board require a super-majority vote (4/5ths).
Because Board of Adjustment meetings may occur infrequently, because of the special residency requirements for some appointees, and because of the voting requirements the Board of Adjustment has had difficulty at times maintaining full members and has been unable achieving a quorum at some meetings.
Recruitment of members for the Board of Adjustment may be easier if interested citizens know that appointment does not exclude them from other Town advisory board positions.
RECOMMENDATION
That the Council adopt the attached Resolution modifying its Procedures Manual to allow membership on the Board of Adjustment and one other advisory board whose decisions are not appealable to the Board of Adjustment.
ATTACHMENT
1. Petition from Stephen J. Manton (p. 4).
A RESOLUTION MODIFYING THE COUNCIL’S PROCEDURES MANUAL PROVISIONS TO PERMIT DUAL MEMBERSHIP ON TOWN STANDING BOARDS IN LIMITED CIRCUMSTANCES (2002-03-04/R-10)
BE IT RESOLVED by the Council of the Town of Chapel Hill that Section II, F., 1, h of the Town Council Procedures Manual is hereby revised by adding a new second paragraph to read as follows:
“Notwithstanding the foregoing paragraph, appointment of an individual to a standing board, with the exception of the Planning Board and Historic District Commission, shall not prohibit the Town Council’s appointment of that individual to the Chapel Hill Board of Adjustment.”
This the 4th day of March, 2002.