To: Honorable Mayor and Members of Town Council
From: Sally Misare, Town Clerk
Title
Resolution: Establishing an Interim Design Review Board for a Term of February 16, 2016 through May 31, 2016
Body
________________________________________________________________________________
Executive Summary
Staff has reviewed the Design Review Board (DRB) membership list and associated formation ordinances. Results of this research indicate that as of December 31, 2015, the Town has two seated DRB members and five vacancies. Therefore, there is not a lawfully constituted Board, and therefore no DRB business can be conducted.
The DRB is comprised of seven members appointed by Town Council one (1) member from Planning Commission; two (2) members from the Downtown Development Authority Board; two (2) members from the Historic Preservation Board; and two (2) owners of property within the Downtown Development Authority boundaries. Per the enabling legislation appointments for DRB terms are on a different schedule than every other Council appointed Board and Commission in that these terms were anticipated to start on September 1 and expire on August 31. (All other Board and Commission appointments start on June 1 and expire on May 31.) However, research revealed that the four DRB members whose terms expired on August 31, 2015, had the term extended (with Council approval) to December 31, 2015.
The four members whose terms ended on December 31, 2015 include two representatives from the Downtown Development Authority and two representatives from the Historic Preservation Board. Additionally, there is one vacancy on the DRB, related to the seat held by a Downtown property owner. The seat has been vacant for some period of time.
Given the DRB’s current posture (two sitting members and no lawfully constituted Board), and anticipated projects in the “pipeline,” the Town needs to reestablish the DRB as soon as possible. Staff’s recommendation is to request Council approval of a Resolution which would authorize Council to appoint up to five members to the DRB for interim terms ending May 31, 2016. Since these appointments will be limited to duration of less than 4 months, staff is also requesting that these terms not be included in the calculation of term limits for these members.
Because the majority of the five vacancies are appointments from other Boards, these Boards will meet as soon as possible to make recommendations regarding appointments, with the goal of allowing Council to be in a position to review and vote on these appointments (if appropriate) at the February 16, 2016 Council meeting. This will assure a legally constituted Design Review Board will be in place by March 1, 2016. With regard to the open position related to the Downtown property owner, the Town will continue to advertise that opening.
Following the appointment of the interim Board, Staff intends to bring an ordinance to Council for consideration and action that would more precisely codify the terms for DRB members to coincide with the rest of the Town’s Boards and Commissions (from June 1 to May 31). In addition, following further review and discussion, staff may make recommendations for other amendments to the enabling Ordinance for the DRB.
Staff Recommendation
Staff recommends adoption of the Resolution establishing an interim DRB, and requesting Council appoint members sufficient to constitute a quorum. Terms for those members appointed to the interim DRB Board would end on May 31, 2016. Staff further recommends that the interim terms not be counted in the overall term limit calculations for the appointed members. This action will ensure a lawfully constituted Board and give Staff time to prepare an ordinance that will address in a more global fashion other issues identified above.
Proposed Motion
“I move to approve Resolution: Establishing an Interim Design Review Board for a Term of February 16, 2016 through May 31, 2016.”
Attachments
Attachment A: Resolution