2017.07.10 Council Meeting Item 02

Summary

Order to appoint members to the Sewer Board of Appeals and to reappoint members to the Board of Assessment Review.

A public comment period will be included with this item (3 minutes).

ACTION: Council action is anticipated.

Description

In December, 2004, the Town Council passed an ordinance to combine the Board of Assessment Review and the Board of Sewer Appeals into one board. Recently, the Town received an appeal of a decision on sewer fees, the first sewer appeal since that action was taken.  In preparing for the hearing, Town staff discovered a conflict between the Charter and Code of Ordinances that raises doubts about the legitimacy of the two boards being combined. After consulting with the Town Attorney, it was determined that a full resolution of the conflict would require amending the Charter. Charter amendments can only be made by a voter referendum. 

In order to process the current application in a timely manner, Town staff and the Town Attorney recommend appointing a separate Board of Sewer Appeals from the current membership of the Board of Assessment Review, as well as reappointing the members of the Board of Assessment Review for clarity.

The Town Council has a policy for the appointment of committee volunteers whereby the Appointments Committee interviews and recommends prospective volunteers to the Council for appointment. Since all the proposed members of the Board of Sewer Appeals have already fulfilled that application process prior to their appointment to the Board of Assessment Review, and in consideration of the pending application on file, staff recommend the Council appoint the proposed members to the board directly.

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