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HomeMy WebLinkAboutBHPAB By-lawsEdited February 2008 1 BOZEMAN HISTORIC PRESERVATION ADVISORY BOARD BY-LAWS Mission Statement: Recognizing the value of preserving and protecting Bozeman’s rich cultural and architectural heritage, the Bozeman Historic Preservation Advisory Board is committed to ensuring a dynamic historic legacy for present and future generations. The BHPAB engages the community through education and advocacy to cultivate awareness, appreciation and stewardship of our historic resources. The Vision: Our pride in where we live rests, in part, on our understanding and appreciation of the past inherent in the surviving historic buildings, structures, landscapes, streetscapes, and archeological sites that surround us. We envision a Bozeman in which every citizen knows about and appreciates his or her community’s unique contribution to Montana’s heritage, and takes pride in maintaining and protecting that heritage and in which governmental agencies at all levels set the example of good stewardship and support their citizens’ efforts. Authorization: The Bozeman Historic Preservation Advisory Board (BHPAB) was created by Ordinance No. 1180 (passed July 1, 1985), Ordinance No. 1252 (passed December 28, 1987), and Ordinance No. 1454 (passed January of 1998) of the City Commission of the City of Bozeman, Montana. Powers and Duties: The Bozeman Historic Preservation Advisory Board shall have the posers and duties to: A. Assist the Historic Preservation Officer in the maintaining, updating and expanding a system for the survey and inventory of recognized and potentially eligible historic districts, sites, and/or structures within the City of Bozeman, and make this information available to the public upon request. B. Create a list of historic sites and districts in Bozeman that do not meet the criteria for listing on the National Register of Historic Places, but which are, nevertheless, considered to be historically and/or architecturally significant, and worthy of the attention of the Historic Preservation Advisory Board. This list will be made available to the public upon request. C. Assist the Historic Preservation Officer in the process of nominating properties to the National Register of Historic Places according to the Montana State Regulations for Certified Local Governments, Section VI (B). This included the capability of reviewing and commenting on any National Register nominations on property within the City of Bozeman. Edited February 2008 2 D. Review and comment on planning programs or documents undertaken or drafted by the City of Bozeman, City Planning Board, City Zoning Commission, or other city-related entities, as well as state or federal agencies which relate to historic resources such as land use, zoning regulations, municipal improvements, housing, and other public programs. This review and comment shall be scheduled within time lines in place for whatever action is being taken. E. Review and comment on public construction proposals prepared by professional consultants or city, county, state or federal agencies, which have potential impact on historic resources, when requested by the person or agencies making the proposal, by the Historic Preservation Officer, the Administrative Design Review Staff, the Department of Planning and Community Development, the Design Review Board or City Commission. F. Consult with city, state, and federal agencies on all applications, environmental assessments, environmental impact statements, and other similar documents that have been prepared by others and reviewed by the appropriate agencies pertaining to historic districts, individually listed sites, or neighboring properties within the City of Bozeman. Comments by the Bozeman Historic Preservation Advisory Board shall be sent to the State Historic Preservation Office and other appropriate agencies. This is an advisory role that does not preclude other responsibilities of the State Historic Preservation Office which are mandated by federal law. G. Review local zoning regulations for their applicability to the characteristics of finalized National Register or Neighborhood Conservation Overlay District properties, and make appropriate recommendations to the Department of Planning and Community Development, the Bozeman Zoning Commission, and/or the Bozeman City Commission concerning and changes or modifications to the zoning regulations and zoning district boundaries. H. Make recommendations to the Department of Planning and Community Development and/or the City Commission regarding variance or deviation applications within the Neighborhood Conservation Overlay District, established historic districts, or other historically significant areas within the City of Bozeman. I. Render advice and guidance upon request of the property owner as to the restoration, alteration, decoration, landscaping, or maintenance of properties within the Neighborhood Conservation Overlay District. The Bozeman Historic Preservation Advisory Board may create voluntary design guidelines and/or other educational documents or meetings which will be made available to the public for assistance in historic preservation projects. J. Develop, participate in, promote, and conduct public information, educational and interpretive projects and/or programs pertaining to historic preservation. K. Act in an advisory capacity to the City of Bozeman, Gallatin County, the State Historic Preservation Office, and other agencies or individuals in matters pertaining to historic preservation in Bozeman. Edited February 2008 3 L. Seek grant monies and other means of financial or technical assistance for the facilitation of appropriate historic preservation projects in the Bozeman area. M. Assist the Historic Preservation Officer in developing, administering, and supervising internships with Montana State University and other appropriate entities. N. Participate and, when appropriate, provide Staff support to the Community Transportation Enhancement Steering Committee, and other city-related entities, as needed. O. Seek to develop increased economic, regulatory and other incentives for historic preservation activities in Bozeman. The BHPAB will also encourage the removal of economic, regulatory and other disincentives for local historic preservation efforts. P. Strive to encourage and facilitate improved coordination of historic preservation efforts by and among state agencies, Gallatin County, the City of Bozeman, and the private sector. Q. Promote increased heritage tourism in Bozeman and throughout Gallatin County. R. Advocate and seek positive solutions for the maintenance and/or preservation threatened historic resources in the Bozeman area. The BHPAB shall inform and advise the general public regarding historic properties which may be modified or adversely impacted through action or neglect. The Board shall organize public gatherings and in other ways facilitate public input on such matters as necessary. S. Administer the Bozeman Tax Abatement Program, as defined/described in Commission Resolution No. 2766. Establishment: In order to carry out the purpose of City Ordinance No. 1180 (passed July 1, 1985), Ordinance No. 1252 (passed December 28, 1987), and Ordinance No. 1454 (passed January of 1998) of the City Commission of the City of Bozeman, Montana, the Bozeman Historic Preservation Advisory Board was created. All Historic Preservation Advisory Board members shall have a demonstrated interest, competence, or knowledge in historic preservation. Information of the credentials of Historic Preservation Advisory Board members shall be kept on file in the Office of the Clerk of the City Commission and available during regular hours for inspection by the public. The Bozeman Historic Preservation Advisory Board shall consist of up to fifteen (15) members as follows: A. At least three (3) but not more than four (4) members with professional expertise in the disciplines of history, planning, archeology, architecture, architectural history, historic archeology, or other historic preservation related disciplines such as cultural geography or cultural anthropology. Retired professionals shall be given consideration equal to that of practicing professionals. Residency within the city shall not be a prerequisite for membership as a professional representative. Edited February 2008 4 B. At least two (2) but not more than four (4) members shall be residents of Nation Register Historic Districts or owners of properties individually listed on the National Register of Historic Places in Bozeman. As new members are chosen to replace those whose terms have expired or resigned, an effort shall be made to ensure adequate representation among the districts. C. One (1) member shall represent the commercial/industrial area of downtown Bozeman. This representative shall operate a business or own property in the Main Street commercial area of downtown Bozeman. D. At least four (4) but no more than six (6) members shall be at-large representatives. Residency within the city shall not be a prerequisite for membership as an at-large representative. E. Quorum. A quorum shall be comprised of a minimum of fifty percent (50%) of the members, of which at least two (2) shall be professional members. Appointment, Term and Vacancy: All appointments to the Bozeman Historic Preservation Advisory Board shall be made in accordance with the procedures adopted by the City Commission for appointments to all advisory bodies. A. Terms of office for Historic Preservation Advisory Board members shall be staggered and two (2) years in duration. B. Vacancies on the BHPAB should be filled within sixty (60) days by appointment in accordance with the procedures adopted by the City Commission for appointments to all advisory bodies to the City of Bozeman. Procedures: A. The Bozeman Historic Preservation Advisory Board shall conduct a minimum of one regularly scheduled meeting each month, except that the Chairperson may cancel any meeting or schedule special meetings when such meetings are necessary to carry out the provisions of this ordinance. Regularly scheduled meetings shall be held at such a place, date and hour as may from time to time be fixed by resolution of the BHPAB. Notice of special meetings shall be served on each member or left at the member’s usual place of residence at least twenty-four (24) hours before the time set for the meeting. Such notices may be given in person, over the telephone, in writing, or via e-mail. B. Requirements for public notice of meetings of the Bozeman Historic Preservation Advisory Board shall be determined by the Chairperson in consultation with the Bozeman City Attorney. All meetings shall be open to the public in accordance with Montana State Open Meeting Law. Notice of regularly scheduled meetings shall be calculated to reach all interested and affected members of the community. Edited February 2008 5 C. The Chairperson shall prepare a schedule/agenda for each meeting in consultation with the Historic Preservation Officer and other Board officers. Said agenda shall be made available to other Board members at least three days prior to each monthly meeting. D. The election of Board officers (Chairperson, Vice Chairperson, Secretary- Treasurer) shall take place at the annual retreat in January of each year. The terms of each office shall be one year. Special elections to fill vacancies may occur at any regular or special meeting with all terms ending on January 31st of the following year. All persons may be reelected to office. E. The Chairperson of the Board shall be elected by a majority vote of the full Board, and shall preside at all meetings. F. The Vice Chairperson of the Board shall be elected by a majority vote of the full Board, and shall preside at meetings upon the Chairperson’s absence. G. The Secretary-Treasurer of the Board shall be elected by a majority vote of the full Board, and shall prepare the minutes of the monthly or special meetings. The minutes shall include a list of attendance, including Board members, guests, and members of the public, and a summary of all business and discussions undertaken. Any formal resolutions adopted shall be recorded verbatim. H. Amendments and changes to the By-Laws may be adopted during any regular meeting of the Bozeman Historic Preservation Advisory Board following a two- thirds vote of the full Board, provided that the revisions are submitted to the Board no less than two weeks in advance of the meeting. I. A list shall be kept at the City Clerk of Commission office of those showing strong interest in serving on the Board. This list shall be consulted by the Board when new members are recommended to the City Commission. Attendance: Regular attendance of all meetings is considered crucial for contribution to the Bozeman Historic Preservation Advisory Board, and is a requirement for membership. No more than three (3) absences within a one-year period without a previous explanation made to the Chairperson will be permitted during the course of a full, two year term of membership. Attendance will be recorded at each meeting and included in the minutes. A. Members in good standing may Vote by Proxy via a written notification given to either the Staff Liaison or the Board Chair prior to any regularly scheduled board meeting (Added January, 2008). Conflict of Interest: Any member who has, or expects to have, pecuniary interest in a nomination, proposal, or undertaking that comes before the Board for comment, review or other action, or relates to the Board’s general role and responsibility, shall publicly declare his/her potential conflict of interest, and the conflict shall be resolved through discussion among the BHPAB members. Pecuniary interest shall be defined as the flow of resources, loss of resources, or savings of resources which may result from the action of the member.