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ORD NO. 2014-19 RELATING TO THE DESIGN REVIEW BOARDORDINANCE NO. 2014 -19 AN ORDINANCE of the City of Bainbridge Island, Washington, clarifying the composition, organization, and duties of the Design Review Board, and amending Section 2.14.040 of the Bainbridge Island Municipal Code. WHEREAS, the City has established a Design Review Board to serve in an advisory capacity in connection with city- adopted design guidelines; WHEREAS, the City Council desires to clarify the composition, organization, and duties of the Design Review Board; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Section 2.14.040 of the Bainbridge Island Municipal Code is hereby amended to read as follows: A. Membership — Appointment — Term. 1. There is created a design review board (board) for the city. The design review board shall consist of seven members who shall be appointed by the mayor and confirmed by the city council. Board membership shall include at least one representative with expertise in the following disciplines and /or groups: landscape architecture; urban design; public art committee or local artist; developers; at- large community member; and at least two architects. The members of the design review board shall not be officers or employees of the city or appointed to another city committee, board or commission, except for specialized committees or task forces of limited duration. 2. The members of the board shall serve without compensation. The terms for appointed members shall be three years, commencing on n July 1 and ending on June 30 three ,years later. Members shall be appointed to a position number, and the tTerms are to be staggered, with no more than three positions expiring in any given year. 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 terms unless the city council determines that special expertise is required, or there are no other qualified applicants. B. Vacancies — Removal. In the event of a vacancy, the mayor, subject to the confirmation of the city council, shall make an appointment to fill the unexpired portion of the term of the vacated position in accordance with the city's appointment cycle. Unexctised absence by any member from three consecutive meetings shall constitute grounds for removal. Members may be removed by- the - mayor upon a majority vote ee sent of the city council. C. Organization. 1. The board shall annually select one member to serve as chair for a one -year term at the first regular meeting of each year. 2. The board shall adopt such rules and regulations as are necessary to accomplish its duties and responsibilities. These rules and regulations shall be published on the city's web site place' on file • ith the eity elerL 3. The city shall provide necessary supplies and support staff to the board, consistent with available resources. 4. The city shall provide city email accounts to board members and related training on the use of ennai l accounts, including personal computer privacy expectations while serving on the board. D. Duties and Responsibilities. The board shall have the following duties and responsibilities: 1. Serve in an advisory capacity to the director, hearing examiner, and planning commission, as applicable, regarding site plan and design reviews and conditional use permits pursuant to BIMC 2.16.040, 2.16.050, and 2.16.110 that are subject to city- adopted design guidelines. Applications related to single - family residences such as family day care homes, minor /major home occupations, and single - family residential height variations are exempt from design review board consideration. In addition, applications related to utility facilities and to outdoor recreation facilities are exempt from design review board consideration. 2. Review and make recommendations to the planning commission and the city council on changes, amendments and /or additions to the design guidelines. 2 3. Serve in an advisory and review capacity to housing design demonstration project applications pursuant to BIMC 2.16.020.Q, including those design demonstration project applications involving land subdivision. 4. Such other duties and responsibilities as may be provided by resolution or ordinance of the city council. 5. Report annually to the city council prior to the start of the budget process. E. Open Meetings. All board meetings shall be open to the public and held in accordance with the Open Public Meetings Act 42.30 RCW). The board, in its discretion, may allow interested citizens to speak and submit documents. F. Public Records. For meetings consisting of a majority of the then serving members, the board shall rovide public notice of the meeting and shall keep a record of its meeting minutes. Minutes of each meeting, including a record of attendance, shall be prepared by the secretary and approved and signed at a subsequent meeting. The minutes do not need to reflect the actual discussion, but only the formal actions taken by the design review board. The approved meeting minutes shall be posted on the city's web site. G Quorum. A majority of the appointed members then serving on the board shall constitute a quorum. HG. Conflict of Interest. Design review board members shall sign a conflict of interest statement in accordance with the city's ethics program upon appointment and any reappointment. If a design review board member is an applicant for an application under review by the board, has a financial interest in a project, or is a paid or unpaid advocate, agent or representative for such applicant, the board member shall not participate in review of and recommendation on the application, and he or she will be asked to leave the meeting facility prior to commencement of discussion of that agenda item. Section 2. 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 12`h day of May, 2014. L'x i Ajix) - Anne S. Blair, Mayor ATTEST /AUTHENTICATE: Rosalind D. Lassoff, Crt 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 -19 El