[HISTORY: Adopted by the Levy Court of Kent County 5-15-1973, as
amended through 5-28-1996. Amendments noted where applicable.]
GENERAL REFERENCES
Sanitary standards — See Ch. 180.
The name of this organization shall be the Regional Sewer Advisory Board
of Kent County Delaware (sometimes hereinafter referred to as "the Sewer Advisory
Board" or "the Board").
The authority of the Board is advisory, as established by the Levy Court
of Kent County during its meeting of May 15, 1973, as amended at its meetings
of November 20, 1973, September 3, 1974, and May 9, 1989.
A.
The purpose of the Board is to advise the Levy Court
of Kent County, Delaware, in providing orderly and desirable operation and
development of the Kent County Regional Sewer Systems.
B.
In this respect the Board is responsible for, but not
limited to, the tasks of reviewing, monitoring and advising the Levy Court
of Kent County on the items below or any other matters concerning the Kent
County Regional Sewer Systems:
(1)
Establishing of priorities.
(2)
Establishment of new sanitary districts.
(3)
Obtaining and contracting for feasibility studies of
expansion and improvement of the system.
(4)
Construction contracts (bids).
(6)
Public hearings/referendums.
(7)
Rules, regulations and policies.
(8)
Compatibility to the Regional Comprehensive Land Use
Plan.
(9)
Federal and state environmental requirements.
(10)
Abandonment.
A.
Members. There shall be 13 voting members of the Board
(one voting member from each of the seven Levy Court districts, plus one voting
member and one alternate voting member from each municipality, from DAFB and
from DNREC). The members and alternates shall be individuals and shall represent
the following organizations and geographic areas in Kent County:
|
Voting Members
|
Levy Court Districts
(pay)
| |
|---|---|---|
|
Voting member and alternate voting member
|
City of Dover
| |
|
Voting member and alternate voting member
|
City of Milford
| |
|
Voting member and alternate voting member
|
Town of Smyrna
| |
|
Voting member and alternate voting member
|
Camden-Wyoming Sewer & Water Authority
| |
|
Voting member and alternate voting member
|
DAFB Wing Commander
| |
|
Voting member and alternate voting member
|
DNREC
|
B.
Termination of membership.
(1)
Any member of the Board may terminate his/her membership
at any time by notifying, in writing, the Chairperson of the Board. Unless
otherwise specified in such notice, such resignation shall take effect upon
receipt thereof by the Chairperson. Any member of the Board who fails to attend
75% of regular and special meetings of the Board in any twelve-month period,
without an excuse acceptable to the Chairperson, shall be deemed to have resigned,
and the vacancies shall be filled as herein provided by original appointment.
(2)
The unexcused absence of a member for three consecutive
regular meetings shall be deemed to constitute his/her resignation as a member.
The Chairperson shall report the absence to the Levy Court. Membership revocation
of any member. may be recommended to the Levy Court at any time, for cause
by a majority of the members, acting at a regular meeting, such termination
to be effective upon approval of the Levy Court.
C.
Powers and voting rights. Each member of the Board shall
be entitled to cast one vote. The Chairperson votes on all business of the
Board.
A.
The Kent County government shall provide compensation
in the amount of $80 per meeting, not to exceed 12 payments per year (or a
total of $960 annually), to members appointed by Commissioners to represent
the seven Levy Court Districts, exempting staff and representatives of the
Town of Smyrna, the City of Dover, the City of Milford, the Camden-Wyoming
Sewer & Water Authority, DAFB and DNREC. Checks will be issued on the
last pay day of each quarter of the year. No out-of-pocket expenses or mileage
will be reimbursed. Board members must be present at meetings to receive compensation.
[Amended 5-10-2005 by Ord. No. 05-06]
B.
An annual organizational dinner meeting may be held with
dinner paid for by the Kent County government (not to exceed dinner amount
as specified in policy P-13A) for all members and staff who regularly attend
meetings of the Board.
A.
At its annual organization meeting in January, unless
rescheduled by majority vote the Board shall elect a Chairperson and Vice
Chairperson, each of which shall serve until the next organizational meeting
or until his/her successor shall be elected. In the event that a Chairperson
or Vice Chairperson is replaced on the Board in between organizational meetings,
a special election shall be held.
B.
Chairperson and Vice Chairperson shall take office upon
completion of the voting. Nominations for Chairperson and Vice Chairperson
shall be made from the floor and elections shall follow immediately thereafter.
C.
The candidate receiving a majority vote shall be declared
elected.
A.
The Chairperson shall preside at all meetings and hearings
of the Board, shall appoint all committees of the Board (except as otherwise
provided herein) and shall perform all of the duties normally conferred by
parliamentary usage of such office as well as those duties specified by these
bylaws.
B.
The Chairperson shall be a voting member of the Board.
He shall have the privilege of discussing all matters before the Board and
of voting thereon.
A.
Regular meetings. Regular meetings of the Board are held
at the Kent County Administration Building, 414 Federal Street, Dover, Delaware
19901, on the first Wednesday of each month.
B.
Special meetings. Special meetings of the Board may be
called at any time by the Chairperson or by a majority of members, subject
to regulations of the Delaware Freedom of Information Act (29 Del, C. § 10001
et seq.).
C.
Notice of meetings. Notice of each regular or special
meeting shall comply with the requirements of the Delaware Freedom of Information
Act (29 Del. C. § 10001 et seq.) . Such notice shall be in writing,
such notice shall be signed by the Chairperson of the Board (or county Engineer
if so designated by the Chairperson), and, unless otherwise required by law,
a copy thereof shall be served personally or by first class mail upon each
member not less than seven days nor more than 30 days before the meeting.
Such notice shall include the agenda if available and the time and place of
the meeting. Additionally, the meeting notice shall be posted on three bulletin
boards in the Kent County Administration Building.
D.
Quorum. At all meetings of the Board, the presence in
person of seven members shall be necessary and sufficient for a quorum. In
the absence of a quorum, those present may, without notice other than by announcement
at the meeting, adjourn the meeting from time to time, until a quorum shall
be present. Passage of any motion shall require seven affirmative votes.
E.
Organization. At each meeting of the Board, the Chairperson
or, in his/her absence, the Vice Chairperson or, in the absence of both such
officers, a person chosen by the members present, as long as the members present
constitute a quorum, shall act as Chairperson and preside at the meeting.
The Secretary or, in his/her absence, any person whom the Chairperson may
appoint as Secretary shall act as Secretary at such meeting and keep the minutes
thereof.
F.
Budget process.
(1)
At least 30 days prior to the first regular business meeting after January 1 of each year, staff shall provide to members of the Board copies of the proposed annual budget of the Kent County Sewer Fund and proposed annual impact fee allocation rates for the next ensuing fiscal year. The Budget Advisory Committee of the Board, established and appointed pursuant to § 84-9, shall then commence a review of said proposed annual budget and said proposed annual impact fee allocation rates.
(2)
After reviewing said proposed annual budget and said
proposed annual impact fee allocation rates, the Budget Advisory Committee
may submit comments to the Board, provided that any such comments shall require
four affirmative votes of the Committee, and/or the Budget Advisory Committee
may submit recommendations to the Board for an increase or decrease in the
total amount of any cost center in said proposed annual budget, provided that
any such recommendations shall require five affirmative votes of the Committee.
(3)
Following the Budget Advisory Committee's review of said
proposed annual budget and said proposed annual impact fee allocation rates,
the Sewer Advisory Board shall commence a review of same. After reviewing
said proposed annual budget and said proposed annual impact fee allocation
rates, the Board may submit comments to the Levy Court, provided that any
such comments shall require seven affirmative votes of the Board, and/or the
Board may submit recommendations to the Levy Court for an increase or decrease
in the total amount of any cost center in said proposed annual budget, provided
that any such recommendations shall require eight affirmative votes of the
Board.
(4)
The foregoing voting requirements shall apply only to
reviews of the proposed annual budget of the Kent County Sewer Fund and reviews
of annual impact fee allocation rates by the Budget Advisory Committee and
the Sewer Advisory Board, respectively.
A.
The Budget Advisory Committee of the Sewer Advisory Board
is hereby established to assist and advise the Board on all fiscal or budgetary
issues presented to or considered by the Board, including but not limited
to reviews of the proposed annual budget of the Kent County Sewer Fund and
reviews of annual impact fee allocation rates.
B.
There shall be seven voting members on the Budget Advisory
Committee, all of whom shall be members of the Sewer Advisory Board. The membership
of the Budget Advisory Committee shall be determined as follows:
(1)
The four members of the Sewer Advisory Board representing
the Town of Smyrna, the City of Dover, the City of Milford and the Camden-Wyoming
Sewer & Water Authority shall all be members of the Budget Advisory Committee.
The Chairperson of the Sewer Advisory Board shall also be a member of the
Budget Advisory Committee, and he/she shall appoint, at his/her discretion,
two additional members of the Budget Advisory Committee; provided, however,
that if the Chairperson of the Sewer Advisory Board is also a representative
of the Town of Smyrna, the City of Dover, the City of Milford or the Camden-Wyoming
Sewer & Water Authority, then he/she shall appoint, at his/her discretion,
three additional members of the Budget Advisory Committee, so that in any
and all events, the Budget Advisory Committee shall at all times be comprised
of seven voting members. Each member of the Budget Advisory Committee shall
be entitled to cast one vote upon any business brought before the Committee.
(2)
The Chairperson of the Sewer Advisory Board shall also
be the Chairperson of the Budget Advisory Committee. If the Chairperson of
the Budget Advisory Committee is absent for any particular meeting of the
Committee, then the Committee members present shall elect a member to preside
over the meeting of the Committee.
(3)
The Kent County Engineer shall serve as staff to the
Budget Advisory Committee.
C.
Any member of the Budget Advisory Committee who is not a representative of the Town of Smyrna, the City of Dover, the City of Milford, the Camden-Wyoming Sewer & Water Authority, DAFB, or DNREC shall be entitled to compensation for attendance at meetings of the Budget Advisory Committee in the same manner and amount as the seven Levy Court District members of the Sewer Advisory Board under § 84-5 above.
D.
Meetings.
(1)
Meetings of the Budget Advisory Committee shall be scheduled
by the Chairperson of the Committee. There is no prescribed schedule of meetings.
Notice of and conduct of meetings shall comply with the bylaws of the Sewer
Advisory Board and the Delaware Freedom of Information Act (29 Del. C. § 10001
et seq.).
(2)
Four members of the Budget Advisory Committee shall constitute
a quorum of the Committee. Unless otherwise specified herein, a simple majority
vote shall be required to pass any motion before the Committee.
The order of business at regular meetings of the Board shall be:
The Board shall make use of the expert advice and information which
may be furnished by appropriate state, federal or other of officials, departments
or agencies.
Except as otherwise provided by these bylaws, the parliamentary rules
of order set forth in the most recent edition of Mason's Manual of Legislative
Procedures shall govern the proceedings of the Board.
Any of these bylaws may be amended, repealed or modified, and new bylaws
may be adopted, by the affirmative vote of nine members of the Board, at any
meeting of the Board, subject to the approval of the Kent County Levy Court.
Written notice of any proposed changes to these bylaws shall be given to each
member of the Board at least 14 days prior to any meeting at which such proposed
changes are to be considered.
