ORDINANCE M02-08-12--CITIZENS ENVIRONMENTAL ADVISORY BOARD

Section 1: City Council Intent: It is hereby found and declared as follows: that the collection, disposal and utilization of solid waste is a matter of grave concern to all citizens and is an activity thoroughly affected with the public interest; that the health, safety and welfare of the people of this City require that solid waste disposal be conducted in an efficient, environmentally safe manner; that proper waste management and disposal are increasingly complex issues; that, to adequately protect the health, safety and welfare of its citizens, the City Council must make informed decisions with regard to issues brought before it that affect the collection and disposal of solid waste and the environment; and that a citizens advisory board is desireable to ensure the public's rights and interests are protected and to encourage and promote public participation in the process.
Section 2: Citizens Advisory Board Established: In accordance with the provisions of this Ordinance, there is hereby established a Citizens Advisory Board, which shall solely be an advisory board to the City Council, for the purposes of: reviewing and studying issues relative to the collection and disposal of solid waste and other issues that affect the environment; to consider and make recommendations to the City Council with regard to the collection and disposal of solid waste and other issues that affect the environment including but not limited to solid waste disposal permit applications and permit modifications; to hold meetings; to receive complaints, comments and suggestions regarding the operation of the Superior Star Ridge Landfill and the Jill Landfill and to communicate to Superior Star Ridge Landfill and Jill Landfill such complaints, comments and suggestions; and to review the operating procedures of Superior Star Ridge Landfill and to make suggestions to minimize and/or alleviate any problems caused by the operation of the said Landfill.
Section 3: Composition: qualifications: appointment: terms of office, compensation and removal of members; vacancies; meetings:
(a) The Citizens Advisory Board shall consist of eight (8) members and shall be selected by the City Council; provided, however, that all members must be a resident citizen of the City. Three (3) of the members shall be appointed for an initial term of two (2) years and thereafter shall serve a term of six (6) years and shall be appointed from the following areas; one (1) member shall be from the Annie Lee Road area; one (1) member shall be from the Canterbury Subdivision-Fairview Church area; one (1) member shall be from the Pine Hill-Acmar community. Two (2) of the members shall be appointed for an initial term of four (4) years and shall be appointed from the following areas: one (1) member shall be from the Highway 78 - Brompton area; and one (1) member shall be from the Whites Chapel community. Two (2) of the members shall serve an initial term of six (6) years and shall be appointed at large from the City. One (1) of the members shall be recommended by Superior Star Ridge Landfill and confirmed by the City Council and shall be appointed for an initial term of six (6) years.
(b) All members of the Board shall serve without compensation, shall hold no other public office, and shall be bona fide residents and qualified electors of the City of Moody, Alabama.
(c) The term of each member shall be for six (6) years or until the successor takes office, except that the respective initial terms of the members first appointment shall be as provided in subsection (a) above. Members may be removed by the City Council for inefficiency, neglect of duty or malfeasance in office.
(d) Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired term by selection by the City Council, subject to the provisions of section 3(a). A member's term shall terminate in the event he/she ceases to be a resident of the area from which he/she is appointed.
(e) The Board shall elect from its members a chairman and a secretary whose term of office as chairman and secretary shall be for one (1) year. The Board shall keep records of its meetings, which records shall be open to the public, and adopt such other rules of order for transaction of the business to come before it as it deems proper and not inconsistent with any provision of this Ordinance; provided however, that the Board's meetings shall be open to the public. The Board shall meet at least once per quarter on the third Thursday of January, April, July and October and more ofter as deemed necessary by the Board. Notice of any specially called meetings of the Board shall be given by posting a notice of same in three (3) public places, one of which shall be the Moody City Hall, and by publications in the Leeds News and such other newspaper as the Board deems necessary; provided, however, that such notice of meetings shall be published at least fifteen (15) days prior to such meeting.
Section 4: Powers: The Board shall serve solely as an advisory board to the City Council. After considering any issue that may come before it, the Board shall draft and submit a report to the City Council. The Board's report shall contain all relevant information, findings, and recommendations.
Section 5: Delegation of Powers: Because the Board serves solely as an advisory board to the City Council, nothing contained herein is, and shall not be construed or interpreted as, a delegation to the Board of any power, authority or duty of the City Council. All decisions of the City Council with regard to the collection and disposal of solid waste, the permitting process, or any other power or duty of the City Council shall be exercised solely by the City Council and the City Council shall not in any manner be bound or obligated by any recommendation of the Board.
Section 6: Notice of Applications: The City Clerk shall, upon receipt thereof, deliver to the Board a copy of any permit application or modification received by the City. Upon receipt of the copy of the same by the Board, the Board shall call a special meeting to be held within (30) days from date the copy of the notice was delivered to the Board. In no event shall the failure of the Board to call a special meeting as provided herein affect the City Council's right to act upon the permit application or modifications.
Section 7: That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.
Section 8: That this ordinance shall become effective as provided by law after passage, approval and publication.