Title
Ordinance to Amend and Re-Enact Article II of Chapter 41.1 of the City Code of the City of Hampton, Virginia Entitled “Wetlands” to Amend the Requirement Regarding the Number of Alternate Members to be Appointed to the Wetlands Board
Purpose
Background Statement:
The purpose of this amendment is to provide greater flexibility in appointing alternate members to the Hampton Wetlands Board.
Section 28.2-1303(A) of the Code of Virginia specifies that local wetlands boards shall appoint at least one but no more than three alternate members to the board. The City of Hampton’s current ordinance, Section 41.1-3 of the City Code, requires the appointment of two alternate members to the Board. This amendment revises that provision to authorize the appointment of at least one, but no more than two, alternate members. This change allows the City Council to determine the appropriate number of alternates based on the operational needs of the Board at any given time.
In practice, the Hampton Wetlands Board has maintained consistently high attendance among its regular members, and the first alternate member is rarely requested to serve. By allowing the appointment of only one alternate member when deemed sufficient, this amendment enhances administrative flexibility while maintaining the Board’s ability to function effectively and ensure quorum at all meetings. This change remains consistent with state code.
Recommendations:
Rec
Staff Recommendation:
Approval
Body
BE IT ORDAINED by the City Council of the City of Hampton, Virginia that Article II of Chapter 41.1 of the City Code of the City of Hampton, Virginia be amended and re-enacted as follows:
CHAPTER 41.1 - WETLANDS
ARTICLE II. - WETLANDS BOARD
. . .
Sec. 41.1-3. - Wetlands board generally.
The wetlands board of the city is hereby created, consisting of Seven (7) residents of the city appointed by the city council. All board members' terms shall be for five (5) years. The chairman of the board shall notify the city council at least thirty (30) days prior to the expiration of any member's term and shall promptly notify the city council if any vacancy occurs. Vacancies shall be filled by the city council without delay upon receipt of such notice. Appointments to fill vacancies shall be for the unexpired portion of the term. Members may serve successive terms. A member whose term expires shall continue to serve until his successor is appointed and qualified. Members of the board shall hold no public office in the city other than membership on the local planning or zoning commission, the local erosion commission, the local board of zoning appeals, a board established by the city to hear cases regarding ordinances adopted pursuant to the Chesapeake Bay Preservation Act (Code of Virginia, § 10.1-2100 et seq.) and regulations promulgated thereunder, or as director of a soil and water conservation board. When members of these local commissions or boards are appointed to the wetlands board, their terms of appointment shall be coterminous with their membership on those boards or commissions. The city council shall also appoint at least one (1) but no more than two (2) alternate members to the board. The qualifications, terms, and compensation of the alternate member(s) shall be the same as those of other members. Any member who knows that they will not be able to attend a board meeting shall notify the chairman at least twenty-four (24) hours in advance of such meeting. The chairman shall notify an alternate member to serve in place of the absent member at the board meeting, which shall be noted in the records of the board.
. . .