DATE: Friday, April 4, 1997                 TAG: 9704040671

SECTION: LOCAL                   PAGE: B1   EDITION: NORTH CAROLINA 
SOURCE: BY PAUL SOUTH, STAFF WRITER 

DATELINE: MANTEO                            LENGTH:   94 lines

PROPOSED POLICY URGES REMOVAL OF ABSENT MANTEO BOARD MEMBERS.

Members of Manteo's appointive town boards and committees who miss meetings could lose their seats if the five-member Board of Commissioners approves a new zoning text amendment.

The one-sentence policy, which was presented during Wednesday night's Board of Commissioners' meeting, sends a simple message when it comes to attendance at board meetings:

Be there, or be gone.

Under the proposed change, committee members who miss two consecutive meetings for any reason will have their appointments terminated. A public hearing on the change is set for May 7.

The new policy, advocated by Manteo Mayor Lee Tugwell, comes in response to lagging attendance at appointed board and committee meetings. However, Tugwell said board members found in violation may be eligible for reappointment.

``This is not to say that anyone who violates the change could not be reappointed,'' Tugwell said. ``If the Board of Commissioners feels the excuse for missing meetings is valid, then the person could be reappointed.

``I don't think this causes an undue hardship,'' Tugwell added. ``I think it encourages participation on town boards.''

Commissioner Dellerva Collins, who represents the commission on the town's Special Events/Recreation Advisory Board, spoke in support of the amendment.

``We have a lot of people who have been appointed to town boards who have never attended a meeting,'' Collins said.

Commissioner Curtis Creech, who serves on the town's Police Advisory Board, cited mediocre attendance at those meetings.

``We've averaged about 50 percent,'' Creech said.

The commission unanimously approved a companion measure, which places the same attendance guidelines on town sub-committee members.

Because the subcommittee policy does not involve a change in the zoning ordinance, approval of the subcommittee policy could be granted without a public hearing, Town Manager Kermit Skinner said.

Jake Wicker, a professor of law and government at the University of North Carolina-Chapel Hill, said attendance requirements for appointed board and committee members are not unusual.

``It's quite common,'' Wicker said Thursday from his Chapel Hill office. ``Most town ordinances contain language saying that appointed board members serve at the pleasure of the board. You can't remove someone based on something that's constitutionally prohibited, like race or sex. But if a board decides they don't like someone, they can remove them. They can also establish attendance requirements and term limits if they wish.''

Elected mayors and town commissioners, however, are not subject to attendance requirements. Wicker said such officials may be removed if they are convicted of a felony or if they move outside the city or county limits. Any other removal provisions are provided in local charters.

``There are only about 15 or 20 governments among the 200 in the state that have recall provisions in their charter,'' Wicker said.

There is no such recall provision in the Manteo charter.

In a related matter, the board appointed Collins to serve on an interim basis as the town's representative to the Albemarle Commission. Skinner will serve as alternate, also on an interim basis. The town has had difficulty in filling its slots on the regional board.

Tugwell is looking for Manteo residents willing to serve on the town's appointed boards.

``I'd like to see us establish a pool of applicants who are interested in serving the town,'' Tugwell said. ``We seem to be having a lot of trouble filling positions. If anyone is interested, they should let us know.''

In other action, commissioners voted 3-1 to support a resolution opposing a proposed saltwater sports fishing license. The action comes on the heels of a similar action by the Kitty Hawk Town Council.

``I'm personally against (the license proposal),'' said Commissioner Melvin Jackson. ``Once they do this, they'll want to put a license on something else.''

But Creech, who cast the lone dissenting vote on the issue, said the Kitty Hawk resolution was too vague.

``I opposed it because of the wording of it,'' Creech said. ``The resolution says Kitty Hawk opposes `any regulations.' I'm opposed to the proposed legislation. But I'm not going to say I'm against any regulation. It's too wide open.''

During Wednesday's meeting the town commission also:

Approved a set of recodified town ordinances, culminating seven years of work by town staff. Town Attorney Dan Merrell said the town's new code eliminates outdated regulations.

Tabled action on annexing 8.4 acres of land that was requested by property owners Allen and Vanessa Foreman. The tract is part of a 200-acre parcel that the Foremans own.

``I'd really like to see the whole parcel brought in,'' said Tugwell. ``I don't like to see the annexation of partial parcels.''

Jackson said, ``We want to be fair with them. But we want to be fair to ourselves too.''

The Foremans were not present at Wednesday's meeting.

Heard a presentation by Dare County Arts Council president Jill Bennett. The town's governing board agreed to consider a request to give $1,000 to the arts group.

Bennett also announced that the North Carolina Symphony is scheduled to perform July 12 at historic Waterside Theater on Roanoke Island.

Send Suggestions or Comments to webmaster@scholar.lib.vt.edu