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HomeMy WebLinkAboutHARC Bylaws_12.2015CITY OF GEORGETOWN HISTORIC AND ARCHITECTURAL REVIEW COMMISSION BYLAWS ARTICLE I. NAME AND PURPOSE Section 1.1. Name. Historic and Architectural Review Commission ("Commission" or "HARC"). Section 1.2. Purpose. a. The Commission has the power and it shall be its duty: 1. To make recommendations to the City Council on the designation of Historic Overlay Districts and Historic Landmarks; 2. To act and assist the City Council in formulating design guidelines and other supplemental materials relevant to historic preservation or design review; 3. To approve or disapprove Certificates of Appropriateness; 4. To render advice and guidance, upon request of the property owner or occupant, on new construction or the restoration, alteration or maintenance of any historic resource or other building within the districts; and 5. To perform any other functions requested by the City Council. See Ordinance Chapter 2.50. b. The Commission shall have the express authority to delegate review of minor projects (as defined by majority vote of the Commission) to either: 1. A Subcommittee of the Commission composed of at least three members; or 2. City Staff as designated by the City Manager. c. Any permit issued pursuant to such delegation of authority shall require the signature of the Chairman or Vice -Chairman of the Commission and any denial may be appealed to the full Commission. Historic and Architectural Review Commission Bylaws Revised December 2015 Page 1 of 8 Section 1.3. Delegation of a Demolition Subcommittee. a. The HARC shall appoint a Demolition Subcommittee to review and provide a recommendation to the HARC on requests for a Certificate of Appropriateness for the relocation, removal or demolition of a building or structure designated as a Historic Landmark or a contributing historic structure, in accordance with the process established in the Unified Development Code. 1. The Demolition Subcommittee shall be composed of at least three members. 2. The members of the Demolition Subcommittee shall consist of two HARC members and the Building Official. 3. Whenever possible, one of the HARC members to be appointed to the Demolition Subcommittee shall meet one or more of the following categories: 1. Licensed Architect, or 2. Structural Engineer, or 3. Historic Preservationist. b. The Demolition Subcommittee may consult with a licensed architect, structural engineer or historic preservationist to review the request, and make a preliminary report to the subcommittee. In this event, the report shall be made part of the subcommittee's recommendation to the HARC. ARTICLE II. MEMBERSHIP Section 2.1. Number of Members. The Commission will be composed of not less than seven (7) Members. Section 2.2. Eligibility. a. All Commission Members shall either reside in the corporate City limits or the extraterritorial jurisdiction of the City or own real property that is designated as historic, either in the City's historic survey or with a state or federal historic designation, or located within the Downtown or Old Town Overlay Districts. b. Whenever possible, the Commission shall include a minimum of two Members who are property owners in the Downtown Overlay District and a maximum of two Historic and Architectural Review Commission Bylaws Revised December 2015 Page 2 of 8 Members from each of the following categories having a demonstrated interest in the downtown area or skills in design review. Members of the Commission may meet one or more of the categories: 1. licensed architect; 2. landscape architect, professional planner or urban designer; 3. historian or person with expertise in historic preservation; 4. developer, contractor or realtor; and 5. property owner or non -owner tenant within the Downtown Overlay District. Citizens -at -large with an interest in historic preservation or urban design shall be appointed to the Commission to fill remaining appointments. Section 2.3. Appointment of Commission Members and Commissioners -in - Training. a. Members of the Commission shall be appointed pursuant to and in accordance with the City Charter. b. The City Council shall also appoint up to three persons, who would be qualified to serve on the Commission, as Commissioners -in -Training. Commissioners -in - Training shall not serve as alternates or as proxies for any Commissioner but shall be eligible to be appointed to the position of Commissioner upon the expiration of the term of a regular Commissioner or upon a vacancy on the Commission. Section 2.4. Terms of Office. Generally, terms of office for each Member shall be two (2) years. Generally, a Member may serve two (2) consecutive terms. Refer to Ordinance Section 2.36.030A for additional provisions regarding terms of office. Section 2.5. Vacancies. Vacancies that occur during a term shall be filled as soon as reasonably possible and in the same manner as an appointment in accordance with the City Charter. If possible, the Member shall continue to serve until the vacancy is filled. An appointment to fill a vacated term is not included as a term for purposes of counting consecutive terms. Section 2.6. Compensation and Expenditure of Funds. Members serve without compensation. The Commission and its Members have no authority to expend funds or to incur or make an obligation on behalf of the City unless authorized and approved by the City Council. Members may be reimbursed for expenses authorized and approved by the City Council and the Commission. Historic and Architectural Review Commission Bylaws Revised December 2015 Page 3 of 8 Section 2.7. Compliance with City Policy. Members will comply with City Ordinances, Rules and Policies applicable to the Commission and the Members, including but not limited to Ethics Ordinance Chapter 2.20 and City Commissions, Committees and Boards Ordinance Chapter 2.36. Section 2.8. Removal. Any Member may be removed from their position on the Commission for any reason, or for no reason, by a majority vote of the City Council. ARTICLE III. COMMISSION OFFICERS Section 3.1. Officers. The Commission Officers are Chairman, Vice -Chairman and Secretary. The Chairman is recommended by the Mayor and the City Council shall approve the recommendation by a vote of the majority of the Council during the annual appointment process. Should the Mayor fail to recommend a Chairman for each board, committee, or commission, and/or the Council fails to approve any Chairman recommended by the Mayor, a majority of the Council plus one may approve appointment of a Chairman to serve as a Chairman without a recommendation of the Mayor. The other Commission Officers are elected by a majority vote of the Members at the first meeting after the annual appointment process. Section 3.2. Terms of Office for Commission Officers. Commission Officers serve for a term of one year. In the event of vacancy in the office of Chairman, the Vice - Chairman shall serve as Chairman until the City Council appoints a replacement Chairman. A vacancy in the other offices shall be elected by majority vote of the Members at the next regularly scheduled meeting, or as soon as reasonably practical for the unexpired term. If possible, a Commission Officer shall continue to serve until the vacancy is filled. Section 3.3. Duties. a. The Chairman presides at Commission meetings. The Chairman shall generally manage the business of the Commission. The Chairman shall perform the duties delegated to the Chairman by the Commission. b. The Vice -Chairman shall perform the duties delegated to the Vice -Chairman by the Commission. The Vice -Chairman presides at Commission meetings in the Chairman's absence. The Vice -Chairman shall perform the duties of the Chairman in the Chairman's absence or disability. Historic and Architectural Review Commission Bylaws Revised December 2015 Page 4 of 8 c. The Secretary shall perform the duties delegated to the Secretary by the Commission. ARTICLE IV. MEETINGS Section 4.1. Time and Date of Regular Meeting. The Commission shall meet once a month on the same week of the month, the same day of the week, at the same time, and at the same place. The regular date, time and place of the Commission meeting will be decided by the Members at the first meeting of the Commission after the annual appointment process. Section 4.2. Agenda. Items may be placed on the agenda by the Chairman, the Director of Planning and Development or designee (as Historic Preservation Officer), the City Manager or designee, or at the request of a Member. The party (or individual) requesting the agenda item will be responsible for preparing an agenda item cover sheet and for the initial presentation at the meeting. Items included on the agenda must be submitted to the Staff Liaison no later than one week before the Commission meeting at which the agenda item will be considered. Agenda packets for regular meetings will be provided to the Members in advance of the scheduled Commission meeting. Agenda packets will contain the posted agenda, agenda item cover sheets, and written minutes of the last meeting. Section 4.3. Special Meetings. Special meetings may be called by the Chairman or by request of three (3) Members. Section 4.4. Quorum. A quorum shall consist of a majority of the Members. A quorum is required for the Commission to convene a meeting and to conduct business at a meeting. Section 4.5. Call to Order. Commission meetings will be called to order by the Chairman or, if absent, by the Vice -Chairman. In the absence of both the Chairman and Vice -Chairman, the meeting shall be called to order by the Secretary, and a temporary Chairman shall be elected to preside over the meeting. Section 4.6. Conduct of Meeting. Commission meetings will be conducted in accordance with these Bylaws and City Council Meeting Rules and Procedures, as applicable to the Commission. See Ordinance Chapter 2.24. Section 4.7. Voting. Each Member shall vote on all agenda items, except on matters involving a conflict of interest, substantial financial interest or substantial economic Historic and Architectural Review Commission Bylaws Revised December 2015 Page 5 of 8 interest under state law, the City's Ethics Ordinance, or other applicable Laws, Rules and Policies. In such instances the Member shall make the required disclosures and shall refrain from participating in both the discussion and vote on the matter. The Member may remain at the dais or leave the dais, at the Member's option, while the matter is being considered and voted on by the other Commission Members. Unless otherwise provided by law, if a quorum is present, an agenda item must be approved by a majority of the Commission Members present at the meeting. Section 4.8. Minutes. A recording or written minutes shall be made of all open sessions of Commission meetings. The Staff Liaison is the custodian of all Commission records and documents. Section 4.9. Attendance. Members are required to attend Commission meetings prepared to discuss the issues on the agenda. A Member shall notify the Chairman and the Staff Liaison if the Member is unable to attend a meeting. Excessive absenteeism will be subject to action under Council policy and may result in the Member being replaced on the Commission. See Ordinance Section 2.36.010D. Excessive absenteeism means failure to attend at least 75% of regularly scheduled meetings, including Commission meetings and Subcommittee meetings. If a Member is removed from the Commission that position shall be considered vacant and a new Member shall be appointed to the Commission in accordance with Section 2.5 above. Section 4.10. Public Participation. In accordance with City policy, the public is welcome and invited to attend Commission meetings and to speak on any item on the agenda. A person wishing to address the Commission must sign up to speak in accordance with the policy of the Council concerning participation and general public comment at public meetings. Sign-up sheets will be available and should be submitted to the Chairman prior to the start of the meeting. If any written materials are to be provided to the Commission, a copy shall also be provided to the Staff Liaison for inclusion in the minutes of the meeting. Speakers shall be allowed a maximum of three minutes to speak, but may take up to six minutes if another individual who signs up to speak yields the time to the speaker. If a person wishes to speak on an issue that is not posted on the agenda, they must file a written request with the Staff Liaison no later than one week before the scheduled meeting. The written request must state the specific topic to be addressed and include sufficient information to inform the Commission and the public. A person who disrupts the meeting may be asked to leave and be removed. Section 4.11. Open Meetings. Public notice of Commission meetings shall be provided in accordance with the provisions of the Texas Open Meetings Act. All Commission Historic and Architectural Review Commission Bylaws Revised December 2015 Page 6 of 8 meetings and deliberations shall be open to the public, except for properly noticed closed session matters, and shall be conducted in accordance with the provisions of the Texas Open Meetings Act. Section 4.12. Closed Sessions. The Commission may conduct closed sessions as allowed by law, on properly noticed closed session matters, such as consultation with attorney on legal matters, deliberation regarding the value of real property, competitive utility matters, and economic development negotiations. A recording or certified agenda shall be made of all closed sessions of Commission meetings. ARTICLE V. REPORTS TO CITY COUNCIL The Commission shall meet with City Council, as requested, to determine how the Commission may best serve and assist City Council. City Council shall hear reports from the Commission at regularly scheduled Council meetings. ARTICLE VI. SUBCOMMITTEES Section 6.1. Formation. When deemed necessary by a majority of the Commission, Subcommittees may be formed for specific projects related to Commission matters. Section 6.2. Expenditure of Funds. No Subcommittee, or member of a Subcommittee, has the authority to expend funds or incur an obligation on behalf of the City or the Commission. Subcommittee expenses may be reimbursed if authorized and approved by the Commission or by City Council. Section 6.3. Open Meetings. Subcommittee meetings and deliberations shall be open to the public, except for properly noticed closed session matters, and shall be conducted in accordance with the provisions of the Texas Open Meetings Act. ARTICLE VII. BYLAW AMENDMENTS These Bylaws may be amended by majority vote of the Commission Members at any regular meeting of the Commission. The Commission's proposed amendments to the Bylaws must be approved by City Council at the next Council meeting after the Commission's approval. Bylaw amendments are not effective until approved by City Council. Historic and Architectural Review Commission Bylaws Revised December 2015 Page 7 of 8 Approved and adopted at a meeting of the City Council on the day of , 2015. ATTEST: City Secretary THE CITY OF GEORGETOWN Mayor Approved and adopted at a meeting of the Commission on the day of , 2016. ATTEST: Commission Secretary COMMISSION Commission Chairman Historic and Architectural Review Commission Bylaws Revised December 2015 Page 8 of 8