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HomeMy WebLinkAboutHistoric District Commission NEW RULES OF PROCEDURE The following rules of procedure are adopted by the Lansing Historic District Commission to facilitate the performance of its duties and the exercise of its responsibilities, functions and powers generally as a review board in accordance with the Historic Districts, Sites, and Structures Act 169 of 1970 (MCLA Sections 399.201 et seq.) and the Historic Districts Ordinance, (Chapter 1220 of the Codified Ordinances of the City of Lansing). A copy of Chapter 1220 and Article 5, Chapter 1 of the Lansing City Charter are included as Appendices 1 and 2 respectively. SECTION 1.0 DUTIES AND FUNCTIONS OF THE COMMISSION, GENERALLY 1.1 Review of Permits Required by Ordinance. The Commission shall review all permits required by City ordinance concerning construction, alteration, repair, moving or demolition of the exterior features of a district resource, or interior work only if this work will cause a visible change to the exterior of the resource, along with all plans and information relating to the exterior features. 1.2 Additional Functions A. Coordination of Historic District Study Committee activities to create local historic districts and to evaluate the effects of such districts. B. The review of applications for historic preservation loan programs operated by the Department of Planning and Neighborhood Development. C. Coordination of Historic Preservation Week events, and other educational and informational activities relating to historic preservation. SECTION 2.0 MEMBERSHIP 2.1 All members of the Commission shall be residents of the City of Lansing. 2.2 At least two members shall be appointed from a list of residents submitted by a duly organized and existing preservation organization, and at least one member shall be an architect, if available, duly registered in the State of Michigan, and with a minimum of two years experience. 2.3 A majority of the members shall have a clearly demonstrated interest or knowledge of historic preservation. Members of the commission may be reappointed. SECTION 3.0 OFFICERS AND EX-OFFICIO MEMBERS Lansing Historic District Commission Page 2 Rules of Procedure Adopted, 11/7/96 3.1 Selection of Officers A. At its first meeting in September, The Commission shall elect from among the voting members a Chairperson and a Vice Chairperson. B. Whenever one or both positions are vacated, the remaining members shall elect from the members serving a new Chairperson, Vice chairperson, or both to fill the unexpired terms. C. The Planning Manager shall be the designated Secretary of the Historic District Commission. The Planning Manager may appoint a member of the planning staff as the Secretary designee. 3.2 Tenure A. The Chairperson and the Vice Chairperson shall take office at the first meeting following their election and shall hold office for a term of one year or until their successors are elected and assume office. B. In the event a Chairperson is unable to complete the term of office, the Vice Chairperson shall assume the office of the Chairperson. Serving the unexpired term of a predecessor shall not be counted as one of the two consecutive terms. 3.3 Duties of the Chairperson A. The Chairperson shall preside at all meetings of the Commission, perform other duties as directed by the Commission, and as contained in these rules, appropriate ordinances and City Charter, and as are normal and customary. B. The Chairperson shall appoint all standing committee members for a term of one year, at the first meeting at which the Chairperson takes office. C. The Chairperson may reassign members of standing and ad hoc committees when circumstances require. D. The Chairperson may make temporary appointments to standing and ad hoc committees as needed to ensure that a quorum can be present. Any Commission member may be appointed to serve on a committee on an Lansing Historic District Commission Page 3 Rules of Procedure Adopted, 11/7/96 interim basis. The committee minutes should reflect a board member serving on a temporary basis. E. The Vice Chairperson shall act in the capacity of the Chairperson when the Chairperson is absent. F. The Chairperson and the Secretary or designee shall be ex-officio non-voting members of all committees. The Chairperson may serve as a voting member of any standing and/or ad hoc committee when fulfilling a specific committee assignment. G. The Chairperson shall be responsible for all releases of information to the public related to committee discussions, decisions reached by the Commission, and other information relating to the work of the Commission. This information may also be released by the Secretary of the Commission, with approval of the Commission or the Executive Committee. 3.4 Duties of the Secretary The duties of the Secretary are as follows: A. The Secretary shall annually file with the City Clerk a list of the dates, times and places of the meetings of the Commission, including any changes within three (3) days of their occurrence, within ten (10) days of the first meeting of the Commission each calendar year and shall post this list in all appropriate places pursuant to the Open Meetings Act with the same time period. B. The Secretary shall post the Agenda of each meeting of the Commission pursuant to the Open Meetings Act. C. The Secretary shall take the minutes of Commission meetings and shall maintain them in appropriate books. The minutes shall be distributed to all Commission members prior to the next scheduled meeting. Draft minutes of the public hearing section of the appropriate meeting shall be available to all committees. D. The Secretary shall file the minutes of each Commission meeting in the office of the City Clerk as a public record in accordance with the Lansing City Charter, Section 5-105.10. No official action taken by the Commission shall Lansing Historic District Commission Page 4 Rules of Procedure Adopted, 11/7/96 be valid or effective until the minutes of the meeting at which the action was taken are filed. E. The Secretary shall be responsible for keeping a record of all of the Commission's transactions. F. The Secretary shall provide written notice of the recommendations of the Commission to the Mayor and the Lansing City Council as well as to other interested parties. This notification shall include details of any petition, public comment, and other information as may be required by ordinance. G. The Secretary shall sign documents on behalf of the Commission; perform other duties as the Commission may direct and as are normal and customary. H. The Secretary shall cooperate and assist the City F.O.I.A. office in responding to requests for information in accordance with the Freedom of Information Act, P.A. 442 of 1977, as amended. I. The Secretary or designee shall be an ex-officio non-voting member of all committees. SECTION 4.0 MEETINGS 4.1 Regular Meetings A. Regular meetings of the Commission shall be held on the first Thursday of every month at 5:30 p.m. in the Department of Planning and Neighborhood Development Office, at other times and places as designated by the Commission in accordance with the Open Meetings Act (P.A. 267 of 1976, as amended). Meetings shall not be held at times which conflict with the regular or special meetings of City Council. 4.2 Special Meetings A. Special meetings shall be called at the request of the Commission Chairperson or five (5) members of the Commission. Notice of a special Lansing Historic District Commission Page 5 Rules of Procedure Adopted, 11/7/96 meeting shall be given by the Secretary to the members of the Commission at least forty-eight (48) hours prior to the meeting and shall state the purpose, date, time, and place of the meeting. Notice of the special meeting shall also be posted in accordance with the Open Meetings Act. Meetings shall not be held at times which conflict with the regular meetings of City Council. B. If the Secretary is unable to contact a Commission member, notice shall be left at the member's residence at least forty-eight (48) hours prior to the meeting. C. Any special meeting of the Commission shall be a legal special meeting if a quorum is present and if there has been compliance with the Open Meetings Act. D. At the time a special meeting notice is delivered, copies shall be posted in City Hall and other places where similar notices are posted. The record of posting shall be maintained along with the minutes of the meeting. E. Special meetings closed to the public shall comply with the Open Meetings Act. 4.3 Public Involvement A. All regular and special meetings, hearings, records, resolutions, findings and determinations and other transactions of the Commission shall be open to the public except when the Commission meets in closed session in accordance with the Open Meetings Act. B. The public shall be given reasonable opportunity to be heard at all regular and special meetings in accordance with Lansing City Charter provision 5- 150.5, except when the Commission meets in closed session. The opportunities for public comment shall include: 1. Scheduled Public Hearings: A person having an application or petition shall be permitted a reasonable amount of time for presentation, generally not to exceed five (5) minutes. All others shall be given a reasonable amount of time to speak, generally not to exceed three (3) minutes. Lansing Historic District Commission Page 6 Rules of Procedure Adopted, 11/7/96 2. General Public Comments: All persons shall be given a reasonable amount of time, generally not to exceed three (3) minutes, to speak on issues before the Commission or on topics of general interest to the Commission. C. The Commission may, by vote of the Commission, grant additional time to any speaker. 4.4 Quorum A. Five (5) members, or a majority of the persons serving on the Commission, shall constitute a quorum for the transaction of business and the taking of official actions. B. Whenever a quorum is not present at a regular or special meeting, those present may meet informally. No official action may be taken at a meeting without a quorum. 4.5 Conflict of Interest A. Commission members who believe they may have a potential conflict of interest should disclose the possible conflict prior to any discussion of the matter giving rise to the conflict. Once disclosed, the potential conflict shall be discussed by the entire Commission and a determination made whether or not a conflict exists. B. There is a potential conflict where there is a greater than remote personal interest in a particular issue, where there is the appearance of a conflict, such as when an issue involves a member's own pecuniary interest, or affects his or her employer. C . A vote to excuse a member shall be by simple majority of the remaining members of the Commission who are present and the motion preceding the vote shall include the reasons for the vote. D. Any Commission member excused on a particular issue shall leave the meeting room during any discussion of the matter which gave rise to the conflict. E. All excuses for conflict of interest shall be stated in the official communication from the Commission Secretary and be reflected in the official minutes of the Commission. Lansing Historic District Commission Page 7 Rules of Procedure Adopted, 11/7/96 F. The provisions of this section shall be subject to the provisions and stipulations of the Ethics Ordinance, Chapter 290 of the Codified Ordinances of Lansing, Michigan, included in Appendix 4. 4.6 Attendance A. Commission members shall be regular in attendance. B. Following the roll call of Commission members at any meeting, the Chairperson shall inquire whether any absent member had requested that the absence be excused. The Chairperson or any member of the Commission may inform the Commission of any request for an excused absence and the reasons for that request. A motion to excuse a member shall be approved by a majority vote of the Commission. C. Any Commission member who is absent without excuse from three (3) consecutive regular meetings, or twenty-five percent (25%) of the regular meetings in any calendar year, may be removed from the Commission in accordance with Section 5-105.7 of the Lansing City Charter. D. A member may voluntarily resign from the Commission. When a member adopts a principal residence outside the corporate limits of the City, the Commission shall consider the member as having voluntary resigned, and shall notify the member of this consideration. 4.7 Order of Business A. The Agenda for each regular meeting shall be prepared by the Secretary, and shall contain the following elements: 1. Opening Session and Call to Order a. Roll Call b. Excused Absences c. Introductions d. Approval of the Agenda 2. Hearings (advertised) 3. Public Comment Lansing Historic District Commission Page 8 Rules of Procedure Adopted, 11/7/96 4. Staff Comments 5. Business Session a. Approval of Minutes b. Committee Reports c. Pending Items (for action at subsequent meetings) d. New Business e. Commission Member Comments 6. Communications 7. Adjournment B . The agendas for each special meeting shall be prepared by the Secretary and approved by the Commission. 4.8 Motions A. A Motion shall be restated by the Chairperson before a vote is taken. B. The names of the persons making the motion and supporting it shall be recorded in the minutes. C. Acceptable forms for the making of typical or standard motions according to Roberts Rules of Order are included in Appendix 4. 4.9 Voting A. Voting shall be recorded by verbal ayes and nays. B. Any action, including an amendment to a motion, is by majority vote of those present. C. Roll call votes shall be taken on all decisions concerning building and sign permits, demolition permits, loan applications, and amendments to these Rules of Procedure. D. A roll call vote shall also be taken if requested by a Commission member. Lansing Historic District Commission Page 9 Rules of Procedure Adopted, 11/7/96 E. All members of the Commission in attendance shall vote on all matters unless excused. F. The Chairperson shall vote last. 4.10 Commission Action A. Final action on any matter for which a public hearing is required or requested shall not occur until after the public hearing has been concluded. B. A written notice containing the decision of the Commission shall be sent to applicant(s), petitioner(s), titleholder(s), and all other interested persons required to be notified by law. 4.11 Parliamentary Procedure Meetings shall be conducted according to Roberts Rules of Order. SECTION 5.0 HEARINGS Guidelines for the conduct of public hearings are included as Appendix 5. 5.1 Public Hearings Regarding the Establishment of Local Historic Districts. A. Public Hearing Required. The Commission shall hold a public hearing regarding the establishment of any local historic district, in accordance with Section 1220.03(b) of the Codified Ordinances of Lansing, Michigan. B. Notice of Public Hearing. Notice of all public hearings before the Commission regarding the establishment of any local historic district shall be made in accordance with the requirements of Chapter 1220.03(b) of the Codified Ordinances of Lansing, Michigan, and all other applicable City of Lansing Ordinances. 5.2 Public Hearings Regarding the Approval of Building, Sign and/or Demolition Permits. A. Public Hearing Required. The Commission, in accordance with Section 1220.06 (a) of the Codified Ordinances of Lansing, Michigan, shall hold a Lansing Historic District Commission Page 10 Rules of Procedure Adopted, 11/7/96 public hearing on all permits to construct, alter, repair, move or demolish and structure, or to erect any sign on any property within a local historic district. B. Notice of Public Hearing. Notice of all public hearings before the Commission regarding the approval of building, sign and demolition permits shall be made in accordance with the requirements of Chapter 1220.06 (a): Historic Districts, and all other applicable City of Lansing Ordinances. 6.0 COMMITTEES All committee functions shall be conducted in compliance with the Open Meetings Act (P.A. 267 of 1976, as amended). 6.1 Standing Committees There shall be the following standing committees: A. Design Review Committee 1. This Committee shall consist of four (4) members of the Commission, three (3) of whom shall constitute a quorum. 2. This Committee shall review all building, sign, and demolition permit applications, as well as all historic preservation loan applications on behalf of the Commission, and shall report its findings and recommendations to the Commission for action. 3. The Committee’s findings shall include: a. the distinguishing characteristics of a historic resource or district, b. the relevant sections of the Department of Interior’s Standards for Rehabilitation and other relevant design guidelines, and c. the proposed project=s degree of conformity with the standards. The Committee’s recommendation shall include the features to be preserved in priority order, and the applicable preservation work recommended for approval. Lansing Historic District Commission Page 11 Rules of Procedure Adopted, 11/7/96 B. Education and Preservation Week Committee 1. This Committee shall consist of four (4) members of the Commission; three (3) of whom shall constitute a quorum. 2. This Committee shall be responsible for all events, displays and arrangements for Preservation Week on behalf of the Commission, subject to Commission approval. 3. This Committee shall work with all interested parties, organizations and entities which may be interested in participating in the Preservation Week activities. 4. This Committee shall set forth an outline of Lansing History pertinent to the purpose of the Commission, shall create and maintain a profile of designated historic properties and areas potentially eligible for protection, and shall develop Commission-sponsored informational publications. C. Executive Committee 1. This Committee shall be composed of four (4) members of the Commission: the Chairperson, Vice Chairperson, and the Chairpersons of the Design Review and Education and Preservation Week Committees, three (3) of whom shall constitute a quorum. 2. The Commission Chairperson shall serve as Chairperson of the Executive Committee. 3. The Commission Chairperson shall call on other Commission members to attend committee meetings where additional input is requested. 4. The Committee shall act for the Commission on occasions when immediate action is necessary, providing this action is lawful and in accord with the Rules and Procedures of the Commission. 5. The Committee shall advise the Planning Manager on matters such as the budget and work program. D. Committee of the Whole Lansing Historic District Commission Page 12 Rules of Procedure Adopted, 11/7/96 1. The Committee shall be composed of all members seated on the Commission, five (5) of whom shall constitute a Quorum. 2. The Vice Chairperson of the Commission shall preside, or in that person's absence, the Chairperson shall appoint a member to preside. 3. The Committee shall be convened to accept an issue being referred or discharged to it from one of the standing committees, or by the request of the Chairperson. 4. Two (2) or more members of the Commission may request that an issue be placed on the Commission agenda upon giving written notice to the Chairperson three working days in advance of the meeting. The notice shall indicate that the members intend to request that a particular issue be referred to or discharged from the Committee for consideration. A majority vote of those members present and voting at the Commission meeting shall be required to convene the Committee of the Whole for the purposes of considering the specified issue. 6.2 Historic District Study Committees Historic District Study Committees are established by the City Council and appointed by the Mayor according to Section 1220.03 of the Codified Ordinances, to develop proposals to establish local historic districts at various locations within the City of Lansing, and to evaluate the effects of such districts. Appointments are made by the Mayor, with City Council approval. A. The duties of each Historic District Study Committee shall be as specified in Section 1220.03, and shall be conducted under the advice and guidance of the Historic District Commission. B. The Historic District Study Committee shall report its activities to the Commission at each of the Commission’s regular meetings. C. The Commission shall review and approve the Historic District Study Committee=s preliminary report, and transmit the preliminary report to the Lansing Planning Board, the Michigan Bureau of History, the Michigan Lansing Historic District Commission Page 13 Rules of Procedure Adopted, 11/7/96 Historical Commission and the State Historic Preservation Review Board. The Commission shall also make copies of the report available to the public. D. The Commission, in conjunction with the Historic District Study Committee, shall conduct a public hearing as required by Section 1220.03, not less than sixty (60) calendar days after the transmittal of the preliminary report and after notice is given. E. The Historic District Study Committee shall prepare a final report, along with a draft of a proposed ordinance or ordinances (if any), and submit them to the commission for review. F. Upon its completion of a review of the final report, the Commission shall submit the final report to City Council for consideration. G. Upon final action of the City Council on the Historic District Study Committee’s final report, the Historic District Study Committee shall be dissolved. 6.3 Ad Hoc Committees and Task Forces The Commission Chairperson may establish committees or task forces on an ad hoc basis to accomplish the work of the Commission under these Rules of Procedures. Ad hoc committees and task forces shall be dissolved upon completion of their purposes. SECTION 7.0 AMENDMENTS 7.1 Amendments to the Rules of Administrative Procedure These rules shall be amended by majority vote by the Commission during any regular meeting, provided that all members have received an advance copy of the proposed amendments at least three (3) days prior to the meeting at which any amendments are to be considered. THESE RULES OF PROCEDURE, TOGETHER WITH THE APPENDICES IN PART II, ARE ADOPTED AND ARE EFFECTIVE ON THE SEVENTH (7th) DAY OF NOVEMBER, Lansing Historic District Commission Page 14 Rules of Procedure Adopted, 11/7/96 1996. THE FIRST ELECTION OF OFFICERS SHALL TAKE PLACE UNDER THESE RULES IN SEPTEMBER, 1997. HISTORIC DISTRICT COMMISSION OF LANSING Lansing Historic District Commission Page 15 Rules of Procedure Adopted, 11/7/96 APPENDICES 1. Chapter 1220 of the Codified Ordinances of Lansing, Michigan. 2. Lansing City Charter, Article 5, Chapter 1. 3. Ethics Ordinance, Chapter 290 of the Codified Ordinances of Lansing, Michigan. 4. Form for the making of typical or standard motions according to Roberts Rules of Order. 5. Public Hearing Guidelines. c:\office\wpwin\wpdocs\hdc\ adopted.rop Lansing Historic District Commission Page 16 Rules of Procedure Adopted, 11/7/96 APPENDIX 1 Historic Districts Ordinance Chapter 1220 of the Codified Ordinances of Lansing, Michigan. Lansing Historic District Commission Page 17 Rules of Procedure Adopted, 11/7/96 APPENDIX 2 Lansing City Charter, Article 5, Chapter 1. Lansing Historic District Commission Page 18 Rules of Procedure Adopted, 11/7/96 APPENDIX 3 Ethics Ordinance Chapter 290 of the Codified Ordinances of Lansing, Michigan. Lansing Historic District Commission Page 19 Rules of Procedure Adopted, 11/7/96 APPENDIX 4 Roberts Rules of Order Article XII. Motions Lansing Historic District Commission Page 20 Rules of Procedure Adopted, 11/7/96 APPENDIX 5 Public Hearing Guidelines. P:\PLANNING OFFICE\Historic District Cmsn\General Files\Rules of Procedure - ADOPTED.doc