Loading...
HomeMy WebLinkAboutLandmarks WHS HP Commissioner Training 5Chapter 5 - Preservation Commission Operations Page 1 - Preservation Commission Meetings and Bylaws Commission meetings provide a venue for the commission’s decision-making process. Commission members should prepare in advance, follow procedures consistently, and project a positive public image during every meeting. Commission meetings provide a venue where meaningful decisions can be reached. It is largely through public meetings and hearings that community members develop perceptions of their local historic preservation commission. The key factors in holding effective meetings and projecting a positive public image are:  Preparedness  Attention to detail  Consistency  Decorum  Communication  Impartiality  Fairness Before Your Meeting Be Prepared Before a meeting takes place, make sure you are prepared. This includes being familiar with applicable laws, rules, and procedures; the commission's bylaws; local design guidelines and their criteria; your local preservation ordinance; and any other law or statute that affects the commission's business and actions. When possible, members should visit the property(ies) to be discussed to be familiar with its setting and details. If commission members visit a property as a group, the laws of public notice might apply. Know Your Open Meeting Laws Commission members must be careful to comply with any "sunshine acts" that apply to their community. These statutes define what constitutes a meeting and require that every portion of an administrative agency and legislative meeting be open to public observation with certain exceptions. Often a meeting is defined as any gathering of a given number of members where the group's business is discussed. Public notice of any such defined meeting must be given. Check with your commission's or municipality's counsel to know what laws apply to your commission. Establish Written Bylaws and Procedures Although bylaws are not technically required for most commissions, the creation and adoption of commission bylaws and rules of procedure are highly recommended to regulate the commission's affairs and actions. Adherence to commission bylaws results in consistency and fairness. In addition to the election of officers, matters that need to be addressed include determining who will coordinate and contact city staff regarding the commission's activities; the keeping and publishing of minutes; meeting dates, times, and location; meeting procedures and formats; and setting agendas. In establishing these policies, the commission should review and comply with the local government procedures concerning public notices of meetings, mailings, and other issues. A review of Robert's Rules of Order will help commission members to be familiar with how to properly conduct a public meeting. Robert's Rules of Order is a well-known and recognized manual on parliamentary procedure. The handbook serves as a guide to running meetings effectively and fairly and is used by a wide variety of organizations, clubs, and other groups. Originally published in 1876, the book is now in its tenth edition and remains the dominant authority on conducting business at meetings and public gatherings. Robert's Rules of Order provides rules for making and voting on motions, proper protocol for discussions, and other important elements of meetings. Following these rules helps to ensure that everyone is heard and that decisions are made without confusion. It is wise for commission members to obtain a copy of this handbook and have a good working knowledge of how it applies to their operations. Set an Agenda Having a good agenda helps the meeting stay focused and run more efficiently. Common elements include basic information such as the name of the group and its chairperson; the time, date, and place of meeting; and items to be considered and those responsible for presenting them. Identify items that will require action and those that will be open for discussion only. Action items should be addressed first, with issues addressed in order of importance or urgency. The agenda and any relevant background materials should be distributed ahead of time to participants. Prepare the Setting Make sure the room in which the meeting will take place has sufficient resources & is ready to go. Avoid rooms that are too big or too small for the anticipated number of attendants, and make sure there is adequate seating. Seating arrangements should enhance communication and involvement. A common arrangement is to have commission members sit in a semicircle facing public attendants. Make sure all necessary equipment, such as audio or video equipment, is present and in working order. Ensure that lighting and sound settings are appropriate. The room arrangement should be professional but not intimidating. Property owners are often wary of facing a commission. Examine ways to place the applicant at the same height level as the commission, and remove extra tables, desks, or other objects that stand between the commission and the applicant. Keeping applicants at an unreasonable distance from the commission can also make for an intimidating experience. Applicants are your neighbors and should be treated as cordially as possible. During Your Meeting Set the Tone Start the meeting on time and project a positive, businesslike attitude. Thank the applicants for their time in coming before the commission and recognize how important their work is to better the community. Speak clearly and confidently and avoid use of jargon and acronyms. Nervousness and uncertainty are easily noticed and give a perception of disorganization and arbitrariness. Begin the meeting by introducing commission members and summarizing the agenda. Take care of legal, record, and housekeeping issues such as the presence of a quorum, statement of applicable rules, whether requirements for notices have been met, and approval of previous meeting minutes. Facilitate Communication Throughout the meeting, the chairperson of the commission will lead the process and serve as a moderator. He or she should have knowledge of the rules and procedures. The chair's primary job is to facilitate communication. The chair must ensure that all participants have an opportunity to be heard, maintain decorum, and anticipate and diffuse emotional buildups. He or she will need to clarify and summarize issues and help separate facts from opinions. Consider Applications Thoroughly Make sure that both proponents and opponents have an opportunity to present their cases and time for rebuttal. Allow all parties to express their views. Thoroughly discuss the project — listen carefully and ask questions to clarify issues. Make sure all required documentation is in order. Study the facts of each case and consider factors such as cost, practicality, effectiveness, and enforceability. Develop a consensus, if possible, and call for a vote after all discussion is finished. Once a decision has been reached, it should be clearly stated along with the rationale behind it. Summarize the evidence, recount the standards that applied, and state why the commission is taking the action. Conclude the Meeting After action items have been addressed, the commission can then move on through remaining matters on the agenda. As the meeting reaches a close, it is a good idea to summarize what actions were taken and let participants know what will happen next in the process. Always close the meeting by thanking all participants and attendants. After Your Meeting Distribute Minutes and Follow Up Make sure that detailed minutes of the meeting are produced and made available in a timely fashion. All meeting documents, including the agenda, minutes, and supporting documents, should be kept together and archived. Follow up on any necessary action, such as issuing a Certificate of Appropriateness (COA). Communicate with the Public Maintain good public relations and communication by keeping the public informed of the meeting's discussions and actions. Consider publishing summaries of the meeting in newspaper articles and on the commission's website. Review, Reflect, and Provide Ongoing Training Conduct a review of the meeting and the board's performance to determine what went well and where there is room for improvement. Strive to keep all commission members informed and productive by providing regular, ongoing trainings and up-to-date educational materials. Page 2 – Preservation Commission Work Plans Preservation commissions should prepare two work plans annually — one that addresses short-term goals, and another for long-term objectives. All work plans should identify a timeline and assign responsibility for each work item. Once each year, a preservation commission should formulate a plan of action for the next year. This plan should reflect the preservation interests and goals of the community and consider available resources. It is a good idea for a commission to prepare two work plans — one that addresses short-term goals, and another for long-term objectives. All work plans should identify a timeline and assign responsibility for each work item. Creating a Work Plan A commission work plan should be kept brief and simple with specifically stated end goals. The objectives of a newly formed commissions often include the following:  Inform and educate the public about the commission and its role, historic preservation issues and concerns, and the benefits of historic preservation to the community. This can be accomplished through promotional materials such as brochures, or Powerpoint presentations, public workshops, or other activities.  Educate commission members about preservation topics and issues, such as identifying threats to historic properties, evaluating properties for historic significance, and creating incentive programs for rehabilitation.  Initiate surveys of the community to identify significant historic properties and potential districts.  Determine the criteria and procedures to be used for designation of a local landmark and a historic district and set priorities for designation.  Create design guidelines.  Develop an awards program to recognize and honor local historic preservation efforts.  Prepare a budget and identify requests for funding. Example of an Annual Commission Work Plan Here is an example of a preservation commission's annual work plan: 1. Adopt the preservation plan as the city's official historic preservation policy, and incorporate appropriate recommendations into the city's comprehensive plan. 2. Provide copies of the preservation plan to city departments, commissions, and county and regional planning agencies, accompanied by a notice that it represents the city's official historic preservation policy. 3. Provide copies of the plan for distribution to the general public, including the public library, historical society, and other entities, accompanied by a notice that it represents the city's official historic preservation policy. 4. Identify locations where materials and brochures, such as a walking tour of the historic town square, can be made available to the public, including downtown businesses and the public library. 5. Amend the preservation ordinance to better facilitate the nomination of local landmarks, historic districts, and neighborhood preservation districts. 6. Send a letter of introduction to owners of properties listed in the recommendations section of the plan for National Register and State Register listings, including any survey forms on their property, information about relevant programs, and materials on financial incentives, as may be applicable; distribute a similar packet of information to local realtors and owners of listed properties. 7. Distribute copies of all completed architectural/historic survey forms to the present property owners of those documented properties. 8. Pursue National Register and State Register listings for properties that have owner support. 9. Create a neighborhoods committee, with liaisons from each of the city's neighborhoods, to work with the commission to develop some educational actions. 10.Initiate the development of a historic preservation resource section in the public library that includes information on the commission, the designation process, copies of all historic resource surveys, technical preservation resources, and other preservation-related materials. Page 3 – Preservation Commission Record-Keeping Keeping accurate and complete records is essential to effective commission operations. The minutes from commission meetings serve as evidence of the commission's deliberations and decisions. Contents of Meeting Minutes Meeting minutes need to be prepared according to adopted policy and include the following elements:  Date  Identification of administrative body  Full address of meeting location  Names of members and staff in attendance  Existence of a quorum  Name of the chairperson  Corrections and adoption of previous meeting minutes  A clear statement on each separate item discussed or acted upon  Name of the person who prepared the minutes Online Posting of Meeting Summaries Commissions should consider posting summaries of their meetings on an official website, either that of the commission or of the local municipality. The internet has become a favored means of accessing information and is readily accessible to almost everyone through schools, local libraries, and home computers. Commissions should take advantage of this inexpensive tool to effectively reach and inform the public. Posting summaries of each commission decision quickly and effectively disseminates information and educates citizens on historic preservation issues, which will help the commission project a positive public image. As in the meeting, commission decisions posted online should include clear explanations of the rationale behind each decision and the criteria applied. Paper Files It is also important for commissions to place its minutes and other documentation, such as maps of local historic districts, copies of publication notices, and letters to property owners, in adequate working files. Maintenance of such files in a designated location is important. Often commission offices are moved from one location to another, and files can be misplaced or even lost. Lost files can be detrimental to a commission if its actions are challenged and it does not have ready access to files that can support its decisions. Page 4 – Designating Landmarks & Creating Historic Districts Two key responsibilities of a commission are to designate (or recommend the designation of) properties as local landmarks, and to create historic districts. A historic preservation commission has two key responsibilities:  Designate (or recommend the designation of) properties as local landmarks  Create local historic districts A property receives a landmark distinction because of its importance to the community based on its historical, architectural, archaeological, engineering, or cultural significance. A historic district is a geographically defined area in a community that contains historic sites, structures, or buildings. Designating a Landmark Property Prior to designating a property, the commission must first have in place specific procedures and processes for nominating properties and established criteria by which to judge the nomination. Many of these procedures and processes will be set forth in the community's historic preservation ordinance. However, the commission will likely expand upon these basic guidelines and create additional materials to provide further guidance. Typically, communities use criteria similar to that used in nominations to the National Register of Historic Places. Citizens as well as commission members should be able to nominate properties. To be fair and impartial, the nomination process needs to be fully open to the public. Public hearings on the nominations should be scheduled, and owners should be notified in a timely fashion. The commission should only proceed with individual designation if the property owner approves or if a majority of property owners approve within a proposed historic district. In 2015, Wisconsin Act 176 was passed which requires that all decisions of the commission have an appeal process for the property owner. These appeals typically go before the City Council, Town Board or County Board depending on which jurisdiction is covered by the ordinance. Creating a Historic District While National Register criteria is a good place to start, a commission will want to consider its community's unique character and needs when creating criteria for its local historic districts. Often the criteria for local districts will be more lenient than National Register district criteria, which enables more properties to be included and provides a wider amount of protection to historic resources. When creating a historic district, it is important to get a head start on public education and support on the issue. Too often, commissions conduct their planning process in an isolated fashion and address the public only when they are about to execute a project. In the meantime, neighborhood rumor mills have been hard at work churning out misinformation about what is going to happen in their area:  "They'll tell us what colors we have to paint our houses."  "You won't be able to put on that addition you were planning."  "Our taxes will go up and our property values will go down." As a result of these rumors, owners may be convinced that their property rights are being violated, and fear and anger may rule the day. To avoid this situation, it is imperative that the commission, along with any local preservation organization, embark on an educational and advocacy campaign well in advance of initiating a district designation. Here are some ideas:  Hold public meetings and workshops to inform owners and residents what living in a historic district entails and show them the value of preserving their neighborhoods.  Give them facts and details about the positive economic benefits of historic preservation using examples from other areas.  Show them that they have a vested interest in preserving their neighborhoods.  Develop good public relations strategies. Have positive articles in the local press, speak at local club and organization meetings, develop a positive slogan or motto and use it extensively.  Communicate with public officials to keep them informed of the benefits of historic preservation and educate them about the role preservation can play in the community. Page 5 – Designating Conservation Zones Conservation zones represent an alternative to historic district designation in areas that do not qualify as historic districts or that lack public support for historic districts. An alternative to traditional historic district designation is to establish a conservation zone or district. Conservation zoning has been applied in historic neighborhoods across the country but has had limited usage in Wisconsin. Conservation zoning should be considered by commissions as an available tool for protection and preservation of areas that may not qualify as historic districts or where public support for historic districts is lacking. Criteria Conservation zones are often applied to areas that may not fully meet the criteria for a local historic district, but where residents wish to control undesirable growth, changing land uses, and/or incompatible new designs. Conservation districts have also been approved for a number of low-to-moderate income areas. Conservation zoning is sometimes a more attractive option for a neighborhood than historic district zoning. Conservation zoning requires review of only three design elements:  New construction  An addition to an existing property  Demolition Advantages and Disadvantages The advantage of conservation zones is that they may generate more public support than historic districts because of the lower level of review. Such zones may also be more applicable to neighborhoods where much of the historic fabric has been compromised but interest remains in having compatible new construction. The disadvantage of conservation zones is that this designation offers no review or enforcement for overall building rehabilitation. Within conservation zones, property owners can still apply synthetic sidings, replace original windows, and remodel porches without review. However, in most conservation zones, property owners seem more willing to pursue appropriate rehabilitation than in similar areas that are not designated as conservation zones. Page 6 – Protecting Archaeological Sites Archaeological sites are primarily protected at the federal level. However, concern about archaeological sites is growing, and many preservation commissions are now being called upon to protect them. Including Archaeological Sites in Preservation Planning To better protect archaeological sites, commission members should include these sites in the community's preservation plan. Archaeological site protection should also be included in land use plans and zoning, development, and building permit processes. Commission members should consult a professional archaeologist to develop the archaeological component of the preservation plan and public policies affecting archaeology. If your commission anticipates dealing with archaeology on a regular basis, it should seek a professional archaeologist to serve as a commission member. Tips for Considering Archaeology in Planning  Protect archaeological sites through local registers and historic districts  Include an inventory of known archaeological sites in your preservation plan that contains information for judging the probability of the presence of sites as well as criteria for determining their significance  Clearly define the review process concerning archaeological sites and stick to the established procedures so developers are less likely to make the process more difficult  Require any projects concerning archaeological sites that come before the commission's review to be conducted by a qualified professional archaeologist  Address the archaeological review of site development as early as possible to avoid delays  Make sure enforcement rules are clearly defined and effective, and consider adding a clause that states, "No permits will be issued until an archaeological report is reviewed and approved"