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ORD NO. 2014-17 RELATING TO THE HARBOR COMMISSIONORDINANCE NO. 2014-17 AN ORDINANCE of the City of Bainbridge Island, Washington, clarifying the role, composition and duties of the Harbor Commission, and amending Chapter 2.46 of the Bainbridge Island Municipal Code. WHEREAS, pursuant to Ordinance No. 98 -52, the City Council established a Harbor Commission to manage and protect the harbors and waters of the City; and WHEREAS, the City Council desires to clarify the role, composition, and duties of the Harbor Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Section 2.46.010 of the Bainbridge Island Municipal Code is hereby amended to read as follows: 2.46.010 Harbor Commission Created A. There is created a harbor commission. The harbor commission is designated as the official body of the city empowered to act on all matters pertaining to the harbors and waters of the city consistent with the provisions of this code and other direction of the city council. B. The harbor commission shall consist of at least five and not `nee -e th seven members who shall , be appointed by the mayor and confirmed by the City Council. The members of the harbor commission shall be residents of the city and shall serve without compensation. The members shall not be employees or officers ofthe city or appointed to another city committee, board or commission, except for specialized committees or task forces of limited duration. , ene member- of the 14 Commission rtoserviee as e�pefse one year- term. C. Members of the harbor commission shall serve for a period of three years., commencing on July 1 and ending on June 30 three years later and idents of the-c-". The initial members shall be appointed for- siagger-ed tefffis. Members shall be appointed to a position number, and the terms are to be staggered, with no more than three positions expiring in given year. D. If a vacancy in the harbor commission is created prior to the expiration of any member's term, that vacancy shall be filled by a person appointed by the mayor and confirmed by the city council in accordance with the city's appointment Ucle. A person appointed to fill a vacancy created under this section shall serve the remainder of the unexpired term. E. A member may be re- appointed, and shall hold office until his or her successor has been appointed and has qualified. No member shall serve more than three consecutive terns finless the city council determines that special expertise is required, or there are no other qualified applicants. F. Unexcused absence by any member from three consecutive meetings shall constitute grounds for removal. Members may be removed upon a majority vote of the city council. G. Members shall sign a conflict of interest. statement in accordance with the city's ethics program upon appointment and and reappointment. Section 2. Section 2.46.020 of the Bainbridge Island Municipal Code is hereby amended to read as follows: 2.46.020 Authority The harbor commission shall have authority to develop and implem and recommend the harbor management rules and regulations adopted by the city council and to coordinate with city staff to implement the policies approved by the city council that govern all harbors and waters within the City's jurisdiction, as authorized by RCW 35A.21.090 and 35.21.160 and as further defined in BIMC 12.40.010. Section 3. A new section 2.46.025 of the Bainbridge Island Municipal Code is hereby added to read as follows: 2.46.025 Meetings, officers, records and quorum. A. The harbor conu- nission shall hold regular meetings once a month. Meetings shall be open to the public and held in accordance with the Open Public Meetings Act (Chapter 42.30 RCW). 2 B. The harbor commission shall annually elect a chairperson from among its members at the first regular meeting �year. C. For inectings consisting of a majority of tale then serving members of the committee, the harbor commission shall provide public notice of the meeting and shall keep a record of its meeting minutes. Minutes of cacti meeting, including a record of attendance shall be prepared by the secretary and approved and signed U a subsequent meeting. The minutes do not need to reflect the actual discussion . but only the formal actions taken by the harbor commission. The approved meeting minutes shall be posted on the city's web site. 1). A majority of the appointed members then serving on the harbor commission shall constitute a quorum. E. The city shall provide city email accounts to harbor commission members and related training on the use of email accounts, including personal computer privacy expectations while serving on the harbor commission. Section 4. Section 2.46.030 of the Bainbridge Island Municipal Code is hereby amended to read as follows: 2.46.030 Duties and Responsibilities As the city's designated agency, the harbor commission shall: A. Coordinate with city staff to Timplement the policies of the harbor management plan approved by city council through measures which include, but are not limited to, recommendation of ordinances, regulations, and other means; B. Seek ways to implement the goals and policies of the harbor management plan through public education and community outreach; C. Develop and recommend new harbor management policies as needed; D. Coordinate its work with local, state and federal agencies; 3 E. Re end to the eit„ eouneil setimes of r- enue to suppoA the h rb, yr on's aefivities and to Ssupport the management and enhancement of city waters and water dependent and related uses. F. Such other duties and responsibilities as may be assigned by the city council; and G. Report annually to the city council prior to the start of the budget process on the pr-egress ef the implenienta4ieii ef the Harbor- Mmagement Plan and the general state of the kcal -lie ,esters of the -city. This ro „rt shall be deliver -ed by the ehaifier -sen of the har bor- eemmission. The city e eil shall r „ the orfnr,,,. nee of the barb, - after 3 years and a ..,1,,.,te its benefit to the Section 5. This ordinance shall take effect and be in force five (5) days from its passage, approval, and publication as required by law. PASSED BY THE CITY COUNCIL this 12th day of May, 2014. APPROVED BY THE MAYOR this 12th day of May, 2014. Anne S. Blair, Mayor ATTEST/AUTHENTICATE: Rosalind D. Lassoff, Cit Clerk FILED WITH THE CITY CLERK: April 23, 2014 PASSED BY THE CITY COUNCIL: May 12, 2014 PUBLISHED: May 16, 2014 EFFECTIVE DATE: May 21, 2014 ORDINANCE NUMBER: 2014 -17