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HomeMy WebLinkAboutC4. Ratification Bylaws Historic Pres Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Policy and Planning Manager Wendy Thomas, Director of Community Development SUBJECT: Commission Ratification of Revised Bylaws for the Historic Preservation Advisory Board (HPAB). MEETING DATE: March 28, 2016 AGENDA ITEM TYPE: Consent RECOMMENDATION: The City Commission ratifies the revised bylaws for the Historic Preservation Advisory Board as presented. BACKGROUND: The City Attorney and City Clerk have established standardized bylaws for advisory boards. Updated bylaws conforming to the new standards were presented to the HPAB. At their September 9, 2015 meeting the HPAB approved the revised bylaws. See action item 3 in the attached minutes. As stated in the bylaws all revisions must be submitted to the City Commission for final approval. The City Commission provisionally adopted Ordinance 1927 on March 21, 2016 which revised the membership, purpose, and procedures of the HPAB. The bylaws are consistent with that ordinance. UNRESOLVED ISSUES: None known at this time. FISCAL EFFECTS: None identified. No budgeted expenses will be affected by this change. Attachments: Revised bylaws Minutes from September 8, 2015 meeting Report compiled on: March 7, 2016 58 1 of 9 Rules of Procedure of the Bozeman Historic Preservation Advisory Board Section 1 Applicability. A. These rules shall govern the conduct of the Bozeman Historic Preservation Advisory Board created by Chapter 2, Article 5, Division 6 of the Bozeman Municipal Code.all City of Bozeman boards, commissions, agencies, and committees (hereinafter “boards”) where a majority of members are appointed by the City Commission and shall supplement other governing rules of the board. B. These rules are supplementary to the provision of Title 7, Chpt. 1, Part 41, MCA, Title 7, Chpt. 5, Parts 41 and 42, MCA, and Title 2, Chpts. 2 and 3, MCA as they relate to procedures for conducting meets and public hearings before City boards. Section 2 Chairperson and Vice Chairperson – Powers and Duties. During the first meeting of the board each year the board shall appoint by majority vote, a chairperson and a vice chairperson. If appropriate, they shall also appoint a board secretary. The recording secretary may be a staff liaison. The chairperson shall be the presiding officer of the board. During the absence of the chairperson, the vice chairperson shall discharge the duties and exercise the powers and authority of the chairperson. The presiding officer shall preserve strict order and decorum at all meetings and confine members in debates to the question under consideration. The presiding officer may move or second any item of business then before the board. The presiding officer shall state, or cause to be stated, every motion coming before the board, announce the decision of the board on all subjects, and decide all questions of order, subject, however to an appeal to the board, in which event a majority vote of the board members present shall govern and conclusively determine such question of order. The presiding officer shall vote on all questions. Section 3 Parliamentary Authority. Unless otherwise specifically provided herein or by ordinance or statute, all meetings and hearings of the Historic Preservation Advisory Board shall be conducted in accordance with these rules. In all cases not covered by these rules, the controlling parliamentary authority shall be the latest edition of Robert's Rules of Order, Newly Revised. 59 2 of 9 Section 4 Meeting Agendas. A. The chairperson, staff liaison, or another designated board member shall arrange a list of matters to be brought before the board according to the order of business specified herein, and furnish each member and the public through the city’s website with a copy of the agenda and all supporting information no later than 48 hours immediately preceding the meeting for which that item has been scheduled. All material to be presented to the board for consideration with an agenda item shall be made available to the public within the above time frame. Copies of the agenda shall be available from the City Clerk and one copy shall be posted at the designated posting board in the City Hall for public viewing and made available on the City’s website. Pursuant to Section 7-1-4135, MCA, the Historic Preservation Advisory Board designates as the official posting place for all boards the posting board in the lobby of City Hall located at 121 North Rouse, Bozeman, Montana. B. The staff liaison or board chair shall prepare the meeting agenda and may consult with other board members in preparing the agenda. The chair person or a majority of board members may add to or remove an item from the agenda. The agenda shall be in substantially the following form: i. Executive Session (if required) (only necessary if an executive session is being held). ii. Disclosure of Ex Parte Communication such as comments or information received. iii. Changes to the Agenda. iv. Public Service Announcement (if scheduled). v. Approval of Minutes (if required). vi. Consent items (consent items are those which the staff liaison or board chair considers that no discussion will be necessary. However, at the beginning of each meeting, any board member may request item(s) be removed from the consent agenda for the purpose of discussion) (if necessary). vii. Public comment on non agenda items (always required). viii. Special Presentations (if required). ix. Action items. x. FYI/Discussion1. xi. Adjournment. Order of the above may be adjusted by the presiding officer. 1 No action may be taken on items brought up during this section which are not on the agenda. Discussion must be limited to informational items only or to discuss placing an item on a future agenda; for more substantive or detailed discussion on an item it must be scheduled for an upcoming agenda. 60 3 of 9 Section 5 Meetings. All meetings of the board shall be open to the public unless authorized by law. Prior to closing any meeting of the board the chairperson or staff liaison shall consult with the city attorney. A. General/Regular Meetings: xii. Boards shall hold a regular meeting once a month or as directed in Section 2.05.920.their establishing documents. xiii. Any meeting of the board may be adjourned to a later date and time, provided that no adjournment shall be for a longer period than until the next regular or specially scheduled meeting. xiv. The presiding officer, staff liaison or majority of the board may cancel a regular meeting if no business is scheduled for that meeting. B. Public Hearings: xv. Public Hearings are meetings required of some citizen advisory boards to be held as a public hearing pursuant to law. The provisions of subsection A of this section apply to Public Hearings. xvi. Unless prohibited by law, a public hearing may be rescheduled or adjourned to a later date and time. C. Executive Sessions: Executive Sessions are meetings of the board with the purpose to discuss litigation strategy, a matter of individual privacy, or other matters wherein a meeting may be closed pursuant to law and will be scheduled as needed. Although each Executive Session will commence as an open public meeting, Executive Sessions may be closed to the public pursuant to authority and limitations in Title 2, Chpt. 3, Part 2, MCA. An Executive Session may be called at any time during any meeting if authorized by law. D. Special Meetings: The presiding officer, a majority of the board or the staff liaison may call special meetings of the board, upon at least forty eight (48) hours notice to each member personally served on each member through email or left at the member’s usual place of residence and also notice to the public by, at a minimum, posting the agenda on the City’s website and posting board. Section 6 Order of Presentation/Public Participation. A. The order of presentation in which items are presented to the board shall generally be as follows: i. The staff liaison shall present the agenda item to the board, if appropriate. ii. If applicable, the staff liaison may present a background report on the 61 4 of 9 matter for discussion. Upon conclusion of a staff presentation, board members may ask questions of staff for the purposes of understanding and clarification. If the agenda item is a public hearing, the presiding officer will open the public hearing prior to staff presentation. iii. If applicable, comments from the applicant, or the applicant’s agent, shall be heard. The applicant’s presentation/testimony is limited, subject to the discretion of the presiding officer, to ten (10) minutes. iv. After being recognized by the presiding officer, a board member may direct questions to the staff or applicant. v. Members of the audience or their agent may be invited to present testimony or evidence. To be recognized, each person desiring to give testimony or evidence shall step forward and, after being recognized, give their name and address for the record. The presiding officer may establish a timeframe for each public comment but in no case shall such timeframe be less than three (3) minutes per speaker. The presiding officer may lengthen or shorten the time allotted for public testimony. vi. After being recognized by the presiding officer, a board member may direct questions to any person so testifying for purposes of clarification. vii. Following public comment, the staff liaison shall be given the opportunity to comment on any testimony or other evidence. viii. Following staff comment and if a public hearing, the applicant will be given the opportunity to rebut or comment on any testimony or other evidence. The applicant’s comments and rebuttal is limited, subject to the discretion of the presiding officer, to five (5) minutes. ix. If a public hearing, following applicant rebuttal and any further questions, the presiding officer will close the hearing and bring the agenda item forward for discussion, motion and vote. x. If a public hearing, after being recognized by the presiding officer, a board member may direct questions limited to the rebuttal testimony and evidence. xi. The board secretary shall enter into the record all correspondence that has been received but was not yet provided. xii. Unless required to act by a certain date pursuant to law, the board may continue the discussion to a date certain, close discussion and vote on the matter, or close the discussion and continue the vote to a date certain. B. All testimony and evidence shall be directed to the presiding officer. No person, other than a board member and the person recognized as having the floor shall be permitted to enter into the discussion. No questions shall be asked of a board member except through the presiding officer. C. The board may ask the staff liaison for its recommendation. D. If a public hearing, in the event the applicant does not appear at the scheduled time and place, unless the applicant has waived his or her appearance in writing, and which waiver has been accepted, or unless the matter is submitted as a 62 5 of 9 consent item, the matter shall be continued to the next available regular meeting, public hearing date, or other date certain. E. All testimony and evidence shall be directed to the presiding officer. No person, other than a board member and the person recognized as having the floor shall be permitted to enter into the discussion. No questions shall be asked of a board member except through the presiding officer. F. For all public hearings involving land use and annexation decisions, the board will wait a minimum of one week before making a decision whenever requested by a member unless a decision is required due to a statute, ordinance or other law. G. Board members are urged to state the reasons for their decisions, particularly on land use issues; the record must reflect findings regarding legal criteria for all quasi-judicial decisions. H. Witnesses may be required to testify under oath. I. The board shall not be bound by the strict rules of evidence and may exclude irrelevant, immaterial, incompetent or unduly repetitious testimony or evidence. J. The presiding officer shall rule on all questions relating to the admissibility of evidence with advice from the City Attorney, which ruling may be overruled by a majority vote of the board. K. A public hearing which has been formally closed for all public input may not be reopened and no additional evidence or testimony from the public shall be received or considered except as provided herein. If additional information is required from the public before a decision can be made, the board upon motion duly made, seconded and passed, may call for an additional public hearing which hearing shall be noticed as required by law, specifying date, time place and subject matter of hearing. This paragraph does not preclude the board, after the public hearing, from asking questions of staff, receiving additional evidence from staff or, after a hearing held on a preliminary plat, pursuant to Title 76, Chpt. 3, from consulting the subdivider about conditions or other mitigation required of the subdivider. Upon decision by the presiding officer or upon a duly adopted motion of the board to reopen the public hearing prior to close of the agenda item in which the hearing was held, the requirement to provide public notice does not apply; the public hearing may be reopened and the additional input provided prior to a final decision on the item. Section 7 Quorum and Voting. Unless otherwise provided by law, a quorum shall consist of a majority of existing appointed board members and must include at least one professional member. If a 63 6 of 9 quorum is not present, those in attendance shall be named and the board shall adjourn to a later time. The board secretary shall reduce motions to writing and, upon request shall read a motion prior to the vote. Upon every vote, the outcome shall be stated and recorded. A board member has an obligation to vote unless there is a conflict of interest. Email, telephonic, or proxy voting shall be prohibited. Section 8 Rules of Debate/Reconsideration/Conflict of Interest. A. Every board member desiring to speak shall address the presiding officer and upon recognition by the presiding officer, shall confine discussion to the question under debate, avoiding all personalities and indecorous language. B. A board member, once recognized, shall not be interrupted when speaking unless the member is to be called to order, or as herein otherwise provided. If a board member, while speaking is called to order, they shall cease speaking until the question of order be determined, and, if in order shall be permitted to proceed. C. Order of rotation in matters of debate or discussion shall be at the discretion of the presiding officer. D. A motion to reconsider any action taken by the board must be made on the day such action was taken. It must be made either immediately during the same session, or at a recessed and reconvened session thereof. Such motion shall be made by one of the prevailing side, but may be seconded by any member, and may be made at any time and have precedence over all other motions or while a board member has the floor. It shall be debatable. Nothing herein shall be construed to prevent any board member from making or remaking the same or any other motion at a subsequent meeting of the board, but the matter must be duly scheduled as an agenda item. E. Pursuant to the City’s Code of Ethics, a board member may seek the advice of the City Attorney as to whether the member has a conflict of interest pursuant to law. If the board member is advised there is a conflict of interest, the member shall recuse himself/herself, step away from the meeting table, and refrain from discussion and vote on the matter. F. After a motion, duly made and seconded, by the board, no person shall address the board without first securing the permission of the presiding officer. Section 9 Open Meetings and Email. A. Except for properly-called executive sessions as permitted by state law, all 64 7 of 9 meetings of the board shall be open to the public and media, freely subject to recording by radio, television and photography at any time, provided that such arrangements do not interfere with the orderly conduct of the meetings. B. A majority of the board shall not conduct synchronized email discussions involving a matter over which the board has supervision, control, jurisdiction, or advisory power. Synchronized email discussions are email exchanges among a majority of board members within minutes of each other that create the quality of simultaneity similar to instant messaging or chat room discussions. Such discussions are characterized as an active exchange of information rather than the passive receipt of information. An example of synchronized email discussion would be a majority of board members sitting at their computers and instantly exchanging emails concerning board business, whereas a passive receipt of information is where a board member receives an email and responds in the normal course of time similar to responding by letter received in the mail. The board shall not view emails or other electronic communication mechanisms concerning any matter on the agenda during a board meeting unless the submission is part of a specifically approved and adopted electronic public testimony program. Electronic communication mechanisms include text messaging or any other emerging technology that violates the spirit of open meeting laws. This does not preclude viewing emails or electronic communication mechanisms that were received prior to the board meeting. Emails received by board members concerning an agenda item shall be forwarded to the staff liaison or board secretary and retained in accordance with the City’s retention policy. Section 10 Decorum. A. While the board is in a session, board members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the board nor disturb any member while speaking or refuse to obey the orders of the board or its presiding officer. B. Any person making personal, impertinent or slanderous remarks or who shall become boisterous while addressing the board may be denied further audience with the board by the presiding officer, unless permission to continue is granted by a majority vote of the board. C. The board shall not debate, in a heated or argumentative manner, with a member of the public presenting testimony during a meeting. D. Speakers shall only address the agenda item before the board. Any person speaking on an agenda item not before the bard may be called out of order. Section 11 65 8 of 9 Recording of Meetings and Minutes. A. The board secretary shall prepare a summary of all meetings to be known as the “Minutes” and to be approved by the board. It shall not be necessary to formally read out loud the Minutes prior to approval. Such Minutes may be revised by the staff liaison or board secretary to correct spelling, numbering, and other technical defects. Prior to approval, any board member may request the privilege of amending or correcting the Minutes to accurately reflect the substance of the prior meeting. If objection is made by any board member to such amendment or correction, a majority vote of the board shall be necessary for adoption of the correction or amendment. The minutes shall be forwarded to the City Clerk’s office for posting within three months of the meeting. B. Executive Session Minutes. Executive session minutes shall be taken and prepared by the board secretary. The board shall approve the minutes of an executive session in open meeting; provided, however that any discussion concerning the contents of the minutes, prior to approval, shall be conducted in executive session. The staff liaison or board secretary will distribute the draft executive session minutes to the members in a manner that ensures and retains confidentiality. The board shall follow the provision 2.02.130, BMC related to dissemination of executive session minutes. C. Televising, broadcasting or audio recording of meetings: At the discretion of the board and City Clerk’s office, meetings may be televised, broadcast or an audio recording made. If recorded, audio recordings shall be made available to the public unless required to be kept confidential by law. Section 12 Attendance at Meetings/Removal by City Commission/Terms. All board members are expected to contribute the time necessary to fulfill their fiduciary obligations to the board. All board members are required if they are to be absent from a meeting to contact the presiding officer and the staff liaison prior to the meeting. If prior contact is made, the absence will be determined excused. If the board member fails to contact the presiding officer or staff liaison prior to the meeting, the absence will be considered unexcused. The City Commission will be notified by the staff liaison of any board member with three or more unexcused absences in any calendar year. The board, via motion and vote, may forward to the City Commission the name of any board member having three or more excused absences, or a combination of excused and unexcused absences. As provided by law, the City Commission may remove a board member for excessive absences. A board members term may be extended for up to 30 days after term expiration on a case by case basis by the Deputy City Clerk if the board member has reapplied for a subsequent term but the application process has not yet been heard by the City Commission. 66 9 of 9 Section 13 Compliance with the City Code of Ethics. All board members are required to follow State ethics laws regarding appointed officials and the city of Bozeman Code of Ethics. New board members will receive the City of Bozeman ethics handbook and must sign a form acknowledging receipt of the handbook, take an oath they will uphold the state and city ethics codes. Board members are also required to take an initial ethics training within two months after appointment. Each year board members are required to attend city sponsored ethics. Non-compliance with the City Code of Ethics and training requirements may result in removal of a board member. See the City Code of Ethics for more details. Section 14 Compliance with the City Purchasing Policy. All boards are subject to the City purchasing policy (Administrative Order 2009-06), as revised, unless specified by law. City staff liaisons shall handle financial transactions unless specific arrangements have been made in writing through the City controller. Section 15 Compliance with State Records Retention Policy. All City boards are subject to the State of Montana records retention policy. A. The City Clerk will handle retention of all agendas, minutes and board resolutions once they have been forwarded to the clerk’s office. B. E-mails, websites and social networking sites are subject to adopted records retention schedules. For social media and websites please refer to the current Information Technology Social Media Use Policy for further guidelines. 67 Historic Preservation Advisory Board Minutes from the September 8, 2015 Preservation Board meeting 6:00 pm Upstairs Conference Room of the Stiff Professional Building 20 East Olive Street, Bozeman, Montana Lisa, Courtney, Kelsey, Merri, Lora, Pat present A. Call meeting to order Meeting called to order at 6:13pm B. Changes to the Agenda No changes to the agenda C. Disclosure of Ex Parte Communication No exparte D. Public Comment – Please state your name and address in an audible tone of voice for the record. This is the time for individuals to comment on matters falling within the purview of the Committee. There will also be an opportunity in conjunction with each action item for comments pertaining to that item. Please limit your comments to three minutes. No members of the public E. Minutes – approval of minutes from June 25, 2015 LD motions to approve minutes; MK seconds E. Introduction of Invited Guests/Special Presentation No invited guests present this evening. G. Action Items 1. Action Item 1: Recommendation of revisions to Division 6 of Article 5 of the Bozeman Municipal Code (BMC), “Historic Preservation Advisory Board” to the City Commission. Recommended Motion: I move to approve the modifications to Sec. 2.05.860 “Object,” 2.05.890 “Establishment and Quorum,” 2.05.910 “Staff,” 2.05.920 “Meetings and Notice of Meetings” and 2.05.930 “Powers and Duties,” as recommended by Staff and discussed by the Preservation Board. LD made motion that CK take revisions back to the City for clarification and return in October with a revised draft of Division 6 of Article 5 of the Bozeman Municipal Code. KD seconds. 68 Motion passes. 2. Action Item 2: Recommendation of revisions to Division 3 of Article 6 the Bozeman Municipal Code (BMC), “Tax Abatement” to the City Commission Recommended Motion: I move to approve the modifications to Sec. 2.06.350 “Intent,”02.06.380 “Procedures” and Sec. 2.06.390 “Standards,” as recommended by Staff and discussed by the Preservation Board. Entertain a motion to take this back to appropriate staff and brings the board a revised draft when available. LD supports the motion PJ seconds Motion passes 3. Action Item 3: Adoption of new Rules of Procedure to replace existing bylaws. Recommended Motion: I move to adopt the new Rules of Procedure as directed by the City Attorney’s office, recommended by Staff and discussed by the Preservation Board. PJ makes motion to accept the new rules of procedures to replace the existing bylaws. MK seconds Motion passes. 4. Action Item 4: election of new board chair PJ nominates Kelsey as new board chair KM to act as interim chair until January, when board will hold elections at their January meeting. H. FYI/Discussion 1. Preservation Awards Discussion of timeline for 2016 Preservation Awards. Seems like it went well last year, small tweaks to modify. Special meeting in late September/ early October to discuss modifications to awards criteria and awards program. Special meeting Tuesday, September 29, 6pm, Stiff Building Next Board meeting Tuesday October 13, 6:00pm 2. Historic Preservation Officer report Cultural resource survey work; B3 update MT History Conf 69 CK presentation to Rotary Story Mill meeting on Thurs. I. Adjournment unanimous motion to adjourn LD second Motion passes Meeting adjourned at 8:26pm. For more information please contact Courtney Kramer at ckramer@bozeman.net or 406-582-2289 This board generally meets the second Tuesday of the month from 6:00 to 8:00 Committee meetings are open to all members of the public. If you have a disability and require assistance, please contact our ADA coordinator, James Goehrung at 582-3232 (TDD 582-2301). 70