(A) There is hereby created in and for the city, the city’s Stormwater Utility Board, which shall hear and decide appeals of any order or decision of a Compliance Officer or any denial of a request for reconsideration by the city issued pursuant to this subchapter.
(B) The Stormwater Utility Board shall be comprised of the Public Works Director, the Mayor and a minimum of three persons appointed by the Mayor, two of whom must be current members of the City Council and one person not employed by the city who is qualified by knowledge and experience in matters pertaining to construction and/or engineering. Members of the Board shall serve for terms of three years and do not receive compensation, but shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their official duties.
(C) Notwithstanding any other provisions in this code to the contrary, any person employed by, owning an interest in or otherwise associated with an owner or person that regularly conducts business in front of the Stormwater Management Board may also serve as a member of the Stormwater Management Board and shall not be disqualified from serving as a member because of a conflict of interest as defined in W. Va. Code 61-10-15, and shall not be subject to prosecution under provisions of that chapter when the violation is created solely as a result of his or her relationship with the owner or person. The member must, however, recuse himself or herself from any vote, discussion, participation or other activity regarding any colorable conflict recognized under state law.
(D) Notwithstanding any other provisions in this code to the contrary, any person employed by, owning an interest in or otherwise associated with an owner or person that regularly conducts business in front of the Stormwater Management Board may also serve as a member of the Stormwater Management Board and shall not be in violation of W. Va. Code 6B-2-5(g) if the member recuses himself or herself from any vote, discussion, participation or other activity regarding any conflict; provided, that such members do not constitute a majority of the members of the Stormwater Management Board at the same time.
(Ord. passed 10-4-2016)