ORDINANCE NO. BL2012-127

An ordinance amending Chapter 15.64 of the Metropolitan Code pertaining to creation, organization, and voting regulations of The Metropolitan Stormwater Management Committee.

WHEREAS, Section 15.64.040 of the Metropolitan Code establishes the stormwater management committee as a body consisting of five members and two alternate members; and,

WHEREAS, Section 15.64.050 of the Metropolitan Code specifies that only members may be elected to the offices of chair and vice-chair; and,

WHEREAS, Section 15.64.090 of the Metropolitan Code limits participation by an alternate member in the actions of the committee to those instances in which he or she is replacing a member who has a conflict of interest or is unable to attend; and,

WHEREAS, it is in the best interest of the Metropolitan Government of Nashville and Davidson County to eliminate the member/alternate distinction and to allow all members of the committee to vote on committee actions and be eligible to be elected to the offices of committee chair and vice-chair.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the provisions of Section 15.64.040 of the Metropolitan Code are hereby deleted in their entirety and substituted with the following:

A. There is created a metropolitan stormwater management committee which shall consist of seven members.
B. The membership of the committee shall be as follows:
1. Four members who shall be registered professional engineers in the state of Tennessee with expertise in civil engineering, hydraulics, hydrology, and/or environmental sciences; and
2. Three lay members from the community at large.
C. The members shall be appointed by the mayor and confirmed by a majority vote of the whole metropolitan council.
D. The members appointed by the mayor shall have been residents of the metropolitan government area for not less than one year, and shall continue to be so eligible as long as they shall serve.
E. Appointed members of the committee shall serve a term of four years. The terms of office of the first appointed members shall be staggered, two for a term of two years, two for a term of three years, and two for a term of four years.

Section 2. That the provision of Section 15.64.050 of the Metropolitan Code are hereby deleted in their entirety and substituted with the following:

Within ten days after its appointment, the stormwater management committee shall organize itself by election of one of its members as chairman and another as vice-chairman, who shall serve for a period of one (1) year or until his successor shall have been chosen. The director of the department of water and sewerage services shall appoint the secretary to the committee who shall be the custodian of the minutes and records of the proceeding of the committee. The director of law shall appoint a legal advisor to the committee.

Section 3. That the provisions of Section 15.64.090 of the Metropolitan Code are hereby deleted in their entirety and substituted with the following:

Four members of the stormwater management committee shall constitute a quorum. A majority vote of members present shall be required for actions by the committee. In the event that a quorum is not present, an application shall be readvertised for the next regular meeting. No member of the committee shall act in any case in which he has a personal interest."

Section 4. That upon passage of this Ordinance, all current members shall remain in office and all current alternate members shall be converted to full members.

Section 5. That this Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Walter Hunt

LEGISLATIVE HISTORY

Introduced: April 3, 2012
Passed First Reading: April 3, 2012
Referred to: Public Works Committee
Passed Second Reading: April 17, 2012
Passed Third Reading: May 15, 2012
Approved: May 16, 2012
By: mayor's signature