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ORDINANCE ADOPTING THE CREATION OF THE STORMWATER MANAGEMENT BOARD (NOTE: THIS ORDINANCE WAS AMENDED BY ORD-10:019 ON APRIL 6, 2010)
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WHEREAS, to comply with the Storm Water Management/Drainage Ordinance an ordinance is needed for the creation of the Stormwater Management Board, and
WHEREAS, an ordinance is needed in order to secure eligibility for flood insurance, and thereby to promote the public health, safety, and general welfare of the citizens of Jonesboro, Arkansas;
Now therefore, be it ordained by the city council for the CITY of Jonesboro, arkansas:
SECTION ONE: Membership number, qualifications, appointment and terms of office of members.
There is hereby created a City of Jonesboro Stormwater Management Board which shall consist of nine (9) members and two (2) alternate members.
The membership of the board shall be as follows:
(1) The Chairman of the Public Works Board of the City Council, and
(2) Four members and one alternate who shall be technical and/or construction oriented in nature, and
(3) Four lay members and one lay alternate from the community at large.
The members and two alternates shall be appointed by the Mayor and confirmed by a majority vote of City Council.
The members and alternate members appointed shall have been residents of the City of Jonesboro area for not less than one year and who shall continue to be so eligible as long as they shall serve. Appointed members and alternate members of the board shall serve a term of three (3) years. The terms of office of the first appointed members shall be staggered, three for a term of one year, three for a term of two years, and four for a term of three years.
SECTION TWO: Organization.
Within ten days after its appointment, the Stormwater Management Board shall organize itself by election of one of its members as chairman and another as vice chairman. The Director of Public Works shall appoint the secretary to the board who shall be the custodian of the minutes and records of the proceedings of the board. The City Attorney or his representative shall serve as legal adviser to the board.
SECTION THREE: Compensation.
All appointed members of the board shall serve without compensation.
SECTION FOUR: Removal and Replacement of Members.
All appointed members of the board may be removed from membership on the board by two-thirds (2/3) vote of the City Council for continued absence from meetings of the board or other just cause. Replacement of any appointed member of the board resigning or dismissed from the board shall be appointed by the Mayor and confirmed by the City Council in the same manner as prescribed for regular appointees. Any member appointed as a replacement shall serve only for the remainder of the term of the member replaced, unless subsequently re-appointed for an additional term.
Section five: Duties and Procedures.
The Stormwater Management Board shall adopt such rules and regulations as it may deem necessary to conduct its business. The board, in open meeting, shall hear all appeals, under the provisions of this section. The board shall meet at regular monthly intervals with the day and time to be determined by the chairman. In the event no appeals have been filed and there is no business pending, the chairman may cancel the meeting seven (7) days before its scheduled date. The board shall approve technical guidelines before they become binding under the terms of an ordinance.
SECTIOn six: Quorum, Voting and Conflict of Interest.
Five members of the Stormwater Management Board shall constitute a quorum. A majority vote of members present shall be required for actions by the board. No member of the board shall act in any case in which he has a personal interest. The alternate member shall replace any member who has a conflict of interest or is unable to attend due to illness or extended absence.
Section seven: Appeals to Board.
a. Whenever the Director of Public Works shall reject or refuse to approve a plan for noncompliance, the owner or his authorized agent may appeal from the decision of the director to the Stormwater Management Board. An appeal must be filed within thirty (30) days after said decision by the Director of Public Works. The fee for filing an appeal shall be $100.00.
b. Every decision of the board shall be final, subject however, to such remedy as any aggrieved party or the City of Jonesboro may have at law or in equity. All decisions of the board shall be in writing and shall indicate the vote of each member of the board upon the decision. Every decision shall be promptly entered into the minutes of the meeting of the board and filed in the office of the Director of Public Works and in the office of the City Clerk. The records of the board shall be open to public inspection and a certified copy of each decision shall be sent by mail or otherwise to the appellant.
Passed and Adopted on this the 2ND day of January, 2007.