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HDC_08 08 20111 LITTLE ROCK HISTORIC DISTRICT COMMISSION MINUTES Monday, August 8, 2011, 5:00 p.m. Board Room, City Hall I. Roll Call Quorum was present being four (4) in number. Members Present: Marshall Peters Julie Wiedower Loretta Hendrix Chris Vanlandingham Members Absent: Randy Ripley City Attorney: Debra Weldon Staff Present: Brian Minyard Citizens Present: Stefan Vickery II. Approval of Minutes A motion was made by Commissioner Julie Wiedower to approve the minutes of July 11, 2011 as submitted. Commissioner Loretta Hendrix seconded and the minutes were approved with a vote of 4 ayes and 1 absent. III. Deferred Certificates of Appropriateness None IV. Certificates of Appropriateness DEPARTMENT OF PLANNING AND DEVELOPMENT 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 2 STAFF REPORT ITEM NO. A. DATE: September 12, 2011 APPLICANT: Stefan Vickery, Vickery Construction LLC ADDRESS: 904-906 Commerce Street COA REQUEST: Siding and Trim; Porch Rebuild; and Windows PROJECT BACKGROUND AND DESCRIPTION: The subject property is located at 904-906 Commerce Street. The property’s legal description is “The West 66 feet of Lots 10, 11 and 12, Block 59 Original City of Little Rock, Pulaski County, Arkansas." This building was built in the 1890’s. The 2007 survey form states: “This one-story Queen Anne has a front facing wing with bay windows and segmented roof with the same side facing wing termination. A porch with minimal decoration fills between the front and side wings.” It is considered a "Contributing Structure" to the MacArthur Park Historic District. This application is a result of an enforcement action. The removal of the original weatherboard, replacing the porch decking, and adding railings and columns were started without a COA by the HDC. The proposal is to replace siding that is different than that removed, replace columns on porch that are different to the original, add spindled frieze detail between columns, replace deck boards on porch, add built in bench on porch and replace all window with vinyl windows. A letter was sent on June 6, 2011 certified return receipt requested to the owners. It was returned undeliverable. A letter informing the owner that they were in the district was mailed along with others in May 2006 and in January 2011. DEPARTMENT OF PLANNING AND DEVELOPMENT 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 Location of Project 3 PREVIOUS ACTIONS ON THIS SITE: On January 13, 1988, an action was noted to replace partially burned roof, remove chimney, replace windows and replace front door by the Applicant Lanelle McCollum. No notation was found in the file to say if the COA was approved or not. PROPOSAL: The proposal is divided into three parts. The first part is “Siding and Trim.” Most of this normally could have been handled with a COC, but the applicant has desired to replace the vertical shiplap siding that is evident on the front bay with horizontal 6” weatherboard to match the rest of the house. This is shown in the photos above and particularly in the photo labeled “2007 Survey photo south side” and “Current Photo front with tower.” In the 1988 photo, the vertical siding was evident. This vertical siding was approximately 9-12” wide and had a shiplap 2007 Survey photo front Current Photo front 2007 Survey photo south side Current Photo front with tower 2007 Survey photo north side Front view after siding removal 4 edge. To replace with horizontal 6” weatherboard would be a change in materials and design and would require a COA. Replacing rotten soffit, fascia, frieze detailing, corner boards, and “mud boards” with the same profile wood is not normally subject to a COA. The second part is “Front Porch Rebuild.” This was the original violation observed by Staff. The front porch decking was removed and replaced without a COA or COC. It was replaced with 5/4” pressure treated wood. New stairs were added along with new handrails along stairs. The new handrails are made of 4x4 posts with 2x4 rails and 2x2 poplar spindles. The double columns, as shown in the photos above, were replaced with square 8x8 fiberglass columns. The detailing of the posts caps and bases were eliminated. A built-in bench forms the railing along the front of the porch. The 1988 photo shows a very utilitarian railing on the porch, one that was probably not original to the house. See photo above labeled 1988 Survey Photo. A handrail was installed on the south half of the porch as described. A spindle frieze detail is proposed along the top of the porch to be constructed out of 5/4 poplar, 2x2 poplar spindles and 3/4 cove molding. The third portion of the application is the replacement of the all sashes with “Atrium vinyl white double hung windows with 6 lite upper sash. Low E/Argon (U factor 0.31, SHGC 0.29). These windows would replace the original wood windows in the structure. Spindle Frieze detail 1988 survey photo Sketch of proposal. 5 ANALYSIS: The Secretary of Interior stands that apply to the application are a follows: 2. The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided. 3. Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken. 5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved. 6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence. 9. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment. The first part of the application is the Siding and Trim. Again, the replacement of broken cracked and warped pieces of siding and trim with pieces of same profile and size is usually a matter of COC’s. However, the removal of a large characteristic accent siding as the vertical shiplap siding is not appropriate for a contributing house. The vertical siding is a defining element on the façade of this house. Replacing it with horizontal weatherboard is not appropriate. The second portion of the application is the Front Porch Rebuild. The replacing of the porch decking and handrails is simple enough to blend with the structure. The replacing of the posts on the porch with ones that are twice the size of the original also removed character-defining elements of the house. The built-in in bench in not in keeping whatsoever with the period of the house. The bench should be removed and replaced with more handrails to match the new handrails. The new columns should also be removed and the older posts replicated. This house was, as far as our records show, a rather plain utilitarian house without all of the fretwork as typical of the more extravagant Victorian houses. To add a spindle frieze to a house that did not have on originally is to add a false sense of history to the structure. The third portion of the application is the replacement of the original windows. The 2007 survey states that there is a combination of 6/1, 6/6 and 1/1 windows on the house. The Proposal is to replace all the windows with 6/1 windows regardless of the original lite arrangement. As stated in the research done for the Commission on replacement windows, a storm windows in addition to a repaired original wood window will have a combined U-value of .50 with a 4.5 year payback in energy savings. Vinyl windows, as proposed, would have a 0.31 U value, but a 240 year Proposed Column Profile 6 payback in energy savings, and the original historic fabric is lost. Replacement of these windows with vinyl windows is not appropriate when a similar energy saving can be had with the addition of storm windows. NEIGHBORHOOD COMMENTS AND REACTION: At the time of distribution, there were no comments regarding this application. STAFF RECOMMENDATION: Approval with the following conditions: 1. Obtaining a building permit. 2. Approval of the following items: • Replacement of broken cracked and warped pieces of siding and trim with pieces of same profile and size. • Decking on front porch. • Railings on front porch with extension to location of removed bench. 3. Denial of the following items: • Replacing vertical siding with horizontal weatherboard. • Built-in bench on front porch. • 8x8 fiberglass columns on front porch. • Spindle frieze detail. • Replacement vinyl windows. STAFF RECOMMENDATION: Staff recommends this item be deferred to the August 8, 2011 hearing because the applicant did not receive his list form the abstract company in time, therefore, letters were not mailed to property owners in a timely manner. COMMISSION ACTION: July 11, 2011 A motion was made to defer the item to the August 8, 2011 agenda and was passed with a vote of 5 ayes and 0 noes. COMMISSION ACTION: August 8, 2011 A discussion was held on the applicant being required to get four votes out of the entire commission to get his item passed. The applicant conferred with the owners and decided to take the deferral that the commission offered. A motion was made to defer the item to the September 12, 2011 agenda and was passed with a vote of 4 ayes and 1 absent. 7 STAFF REPORT ITEM NO. One. DATE: August 8, 2011 APPLICANT: Staff COA REQUEST: Bylaw Revisions The Bylaws have been revised in the past, the latest being in 2006. In 2008, Staff had compiled a list of topics for the Commission to evaluate. Over the next year and a half, the Commission and Staff worked through these items and as a result, some changes are proposed to the Bylaws. Below is a summary of the changes a proposed by the Commission. Updates from Commission / Work Plan topics: page numbers refer to this document. Page 4; Notifications of deferred items Page 8; Deferrals On page 8; Article V Section E(8)b3, the ninety-day clause is still in the proposed text. The ordinance must be changed before the bylaws can be changed to reflect this. After the ordinance is changed, Staff will bring the bylaw issue back to the commission to change. The proposed text is 100 days, which covers three months of meeting including the long months with five Mondays. Following is a copy of the text with edits shown as such: added text deleted text COMMISSION ACTION: June 14, 2010 The commission briefly discussed the item. The item in front of the Commission states 90 days instead of 100 because the ordinance as to be changed before the bylaws can be changed. Commissioner Julie Wiedower suggested that the commission would not act on the item tonight since it would have to be changed later. Mr. Minyard stated that the bylaws require a 10-day notice of proposed changes; therefore, the commission cannot vote on them tonight anyway. Debra Weldon, City Attorney’s office, raised the issue of having the applicant ask for a deferral five days in advance of the public hearing as stated in Article 5, Section E, 8, a. (1). It has been discussed within Staff and it is an administrative requirement. The packets that are delivered to you the commissioners would vary if a deferral were requested before five days. It was clarified that it was five working days, not five calendar days. Ms. Weldon provided a change to the bylaws striking Article 5, Section E, 8, a. (6) and adding a section in Article 5, Section E, 8, b. at the first and renumbering the rest. She provided a handout to the commission. The new text will be: (1) If the Applicant fails to provide proof that DEPARTMENT OF PLANNING AND DEVELOPMENT 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 8 the public hearing notice was mailed as required within, the Commission shall defer action on the application to allow the Applicant time to provide notice of the new public hearing date and to submit proof that the required notice was sent. Only two such deferrals shall be allowed. After two deferrals for failure to provide proof of notice, the application shall be removed from the docket and may not be resubmitted for one (1) year. Ms. Weldon submitted a time limit of three meetings. That was not in the original text, but she submitted it for the Commission to review. Commissioner Wiedower asked if this was tied to the land or just to the owner; what if the property was sold afterwards? Ms. Weldon stated that would be a different application since it was a different owner. Questions arose if this had happened before. Mr. Minyard stated that this has happened before with Jay Core on fencing at 1020 Rock Street. Ms. Weldon elaborated on the types of deferrals as shown on the proposed text. The item was not voted on, and no motion was made at this time. Following is a copy of the text with edits shown as such to include all edits to date: added text deleted text STAFF UPDATE: May 9, 2011 This item was deferred until the City of Little Rock Board of Directors approved the ordinance changes. That occurred April 19, 2011. The bylaws are as presented before with the exception of the number of commissioners has been edited to seven and the number required for a quorum has been edited to four. Following is a copy of the text with edits shown as such to include all edits to date: added text deleted text COMMISSION ACTION: June 13, 2011 Mr. Brian Minyard, Staff, summarized the changes to the bylaw draft since the commission saw it last. The changes are the number of commissioners added with the ordinance revision; 100 day versus 90 day clause; the quorum changed with the additional members; and Debra Weldon, City attorney’s office, made some changes to increase readability. Changes on withdrawals and deferrals noted on page ten were generated by the Commission earlier. On page 8, majority vote, is an item that is new to the Commission on the dismissal and withdrawal of an item. Dismissal means an item goes away without hearing the item. This is not a denial. Commissioner Julie Wiedower asked if any item has been added. Ms. Weldon clarified that the concept on page eight with the majority votes and on page four with notices of deferred items were new to the commission. Commissioner Wiedower asked why the executive session section was deleted. Ms. Weldon stated that it was unneeded since we did not hire staff. Mr. Minyard stated that the commission did not have a line item in the budget and grants were the only money that the staff dealt with. Staff is to distribute bylaws to the commission and thirty days later, the commission can vote on them. Ms. Weldon stated that on the first paragraph page one, the text “as amended by Little Rock Ordinance No. 20,414” should be underlines as it is new text. Commission Wiedower asked Staff to clarify “Deferral by the Commission”. After discussion, it was decided that the last minutes were in error, a typo was in error, the deferral will not count against the applicant. Mr. Minyard clarified that Ordinance 20,414 added two commissioners to the board. A separate ordinance changed the 100 day verses 90 day and the visibility from the street changes. The 9 latter ordinance will not need to be added to the bylaw since it is not dealing with procedural issues. Commissioner Hendrix asked about the number of commissioners and the outcome of the last meetings. Mr. Minyard asked of which item she was speaking. Commissioner Wiedower explained that she was here for part of the hearing, but not all of the hearing. Commissioner Chris Vanlandingham asked why the area of impact was to be decided by a simple majority and not a majority of the entire commission. Ms. Weldon stated that a default distance was established by the commission and to change it is procedural therefore it can be a simple majority of those present as stated on page 8 of the bylaws. Chairman Peters stated that it was hoped that the vote on the bylaws would be in July. Commissioner Hendrix stated that she thought that the word Secretary should Secretary/Planner. Mr. Minyard said that he did not object to the word Secretary. She asked about the timeline. Mr. Minyard stated that the process was stared in the fall of 2009, the Commission was ready to go to the Board of Directors in June 2010 and now it is June 2011. Commissioner Hendrix was asking for more time to digest the material. Mr. Minyard stated that the timeline was up to her fellow commissioners. It will remain on every agenda until it is voted upon. There was a discussion on whether or not the new commissioners should vote on the. Chairman Peters stated that three years ago, his reapplication letter stated that one of the ongoing projects were to finish the bylaws. He asked that the commissioners revew the bylaws in the meantime and vote on the bylaws at the July meeting. There was a discussion on whether the board’s action changed the quorum requirements to change the bylaws. Staff will research this and get back to the Commission on this action. Staff encouraged the Commissioners to read the bylaws and get any questions to Staff so that any changes could be sent out ten days in advance of the next commission hearing. COMMISSION ACTION: July 11, 2011 Brian Minyard Staff did not make a presentation of the item since the text item is exactly as it Commissioner Wiedower asked about the word electors in the bylaws. Debra Weldon stated that it meant that they were eligible to vote. After discussion, it was decided that this was a question for the City Clerk. A discussion was held on electing officers at the June meeting instead of the end of the year as has been done before. There was no change in the text after the discussion. Commissioner Wiedower asked about Article V B 8, Additional Motion of Commission… Ms. Weldon explained that in some instances, an item needs to be addressed by the Commission that does not result in a COA. This covers those occurrences. A discussion was held on Article V D 3, Motion and voting on a COA, Commissioner Wiedower questioned if the Staff and commission was doing this and if not, should it be in the bylaws. Mr. Minyard and Ms. Weldon concurred that the minutes of the meetings suffice on this. It was noted that “no” votes are noted for the record after the vote. Why the commissioner vote no should be recorded in the minutes since the appeal of a decision is court. 10 After discussion and agreement by Staff and Commissioners, the text will read as follows: “Any matter of business requiring action by the Commission may be presented by oral motion, and the members present may vote thereon by simple voice vote. In the case that said motion is to approve or deny a Certificate of Appropriateness, Commissioners shall state for the record the reasons for approval or denial of the motion. In case of a split vote, the Chair may ask for a show of hands. The minutes shall indicate the voting to be “denied” or “passed” and the name of any abstainer.” It was noted that Staff should restate the recommendation after COA’s have been amended by the applicants. Article V D 4, Majority Vote A majority of the full membership… Staff stated that this is for items that have never perfected their application by never doing their public notices, or attending the hearings, etc. In Article V E 8 b (1) a discussion was held on what a “full quorum” meant. Afterward, the Commission and Staff agreed to this text to read as follows: “(1) Prior to opening the floor to a public hearing where there are five or fewer Commissioners in attendance, the Historic District Commission Chair shall explain that approval of an application for a Certificate of Appropriateness requires four (4) affirmative votes and shall ask if the applicant would like to defer their public hearing to the next regularly scheduled Commission meeting. A deferral for lack of a full quorum shall be considered a deferral by the Commission.” Extreme amendments to an application may require new drawings, thus the commission should defer the application to a later meeting. Staff or Commission should make the call during the meeting to ask for more drawings and a deferral. Staff will notify the property owners of the deferred hearing. Commissioner Julie Wiedower made a motion to accept the bylaws with the 2 corrections as noted. Commissioner Randy Ripley seconded and the motion passed 5 ayes and 0 noes. COMMISSION ACTION: August 8, 2011 Mr. Minyard presented the item. Ms. Weldon asked if the item was presented to the Commission at least 10 days in advance. Chairman Peters answered yes. Commissioner Wiedower asked about the procedures of the last meeting and thought this was taken care of then. Mr. Minyard stated that he also thought that, but after playing the tape, the proposed language was read and included the text of “full quorum”, therefore the item on the agenda tonight. Commissioner Wiedower made a motion to amend the bylaws and Commissioner Hendrix seconded. The motion passed with a vote of 4 ayes and 1 absent. 11 BY-LAWS LITTLE ROCK HISTORIC DISTRICT COMMISSION Article I. Authorization The Little Rock Historic District Commission is established by Little Rock Ordinance No. 13,154, as amended by Little Rock Ordinance No. 20,414, and pursuant to Arkansas State Act 882 of 1975 as amended. Article II. Purpose of the By-laws It is the intent of these bylaws to prescribe the organization of the Little Rock Historic District Commission; to provide for the equitable and expeditious implementation of procedures required by Arkansas statute and Little Rock ordinance, to direct the conduct of its affairs, to inform the impacted area of its proceedings and to keep records of those results for the general public. Article III. The Historic District Commission A. Members and Terms 1. Commission shall consist of seven (7) members appointed by the Mayor, subject to confirmation by the Board of Directors and who shall be electors of the City of Little Rock holding no salaried or elective municipal office. 2. The appointments to membership shall be so arranged that the term of at least one (1) member will expire each year, and their successor shall be appointed in a like manner for terms of three (3) years. 3. Vacancies shall be filled in like manner for the unexpired term. 4. Members who are appointed to fill vacancies for unexpired terms shall join the Commission at the next meeting following their appointment and confirmation. 5. The appointing authority shall have the power to remove any member of the Commission for cause and after public hearing; provided, however, any member of the Commission who shall be absent from three (3) or more consecutive scheduled calendar meetings may be removed from office without hearing upon certification of such fact by the secretary of the Commission to the City Manager. 6. The Commission shall elect a chair and vice chair annually from its own number at the last meeting of the year. 7. The Commission may adopt rules and regulations in conformity with Arkansas law and the Little Rock Code and may, subject to appropriation, employ clerical and technical DEPARTMENT OF PLANNING AND DEVELOPMENT 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 12 assistants or consultants and may accept money, gifts, or grants and use them for these purposes. B. Officers 1. Chair and Vice Chair. a. The Chair and Vice Chair shall serve for a period of one (1) year. The Chair, and Vice Chair, may succeed him or herself in office but shall not serve for more than three (3) consecutive years. b. The Chair shall preside at all meetings and hearings of the Commission. In the event of the absence or disability of the Chair, the Vice Chair shall preside. In the event of the absence or disability of both the Chair and Vice Chair at any meeting, the oldest appointive member in point of service shall act as Chair during such meeting. c. The Chair shall present to the Commission for its approval the names of all persons appointed to committees established by the Commission. The Chair shall designate one (1) member of such committee to serve as the committee Chair. d. The Chair shall sign all approved minutes, and when authorized, other documents on behalf of the Commission. 2. Secretary. a. The Office of Secretary shall be held ex-officio by the Director of Little Rock Planning and Development or his designated representative. b. The Secretary shall attend all meetings of the Commission and shall: (i) maintain a record of the rules and regulations of the Commission; (ii) maintain a record of the organization of the Commission and its staff; (iii) maintain a record of the current membership of the Commission with their terms of office; (iv) prepare the agendas of items to be considered at a meeting. (v) keep the minutes of each meeting; (vi) carry on routine correspondence; and (vii) maintain the files of the Commission. Article IV. Meetings A. Regular Meetings 1. Date. The Commission shall, at the last regular meeting of each year, adopt a calendar of regular meeting dates for the forthcoming year as required by Ordinance. 2. Time. The Commission shall meet regularly as indicated by the adopted calendar. 3. Place. The Commission shall meet regularly in the Board of Directors’ Chamber or such other places as directed by the Commission. 13 4. Notice of Public Hearing. a. To the Commissioners: The Secretary shall mail a copy of the agenda to each Commissioner one (1) week prior to the date set for a meeting. The agenda shall constitute notice of the meeting and of any public hearings identified on the agenda. On the morning of the day of a meeting, the Secretary shall remind each Commissioner of the meeting by telephone call. b. To the General Public: Legal Notice – Notice of public hearings on regulations, ordinances or amendments thereto, or on applications for a Certificate of Appropriateness shall be published at least one (1) time in a newspaper having general circulation throughout the city at least fifteen (15) days prior to the hearing. Notice of a public hearing on the establishment of a proposed historic district shall be provided by publication in a newspaper of general circulation in the city once a week for three (3) consecutive weeks, with the first such notice to be at least twenty (20) days prior to the public hearing. c. To the Applicant: Notice of a public hearing on a Certificate of Appropriateness shall be sent by the Secretary to the applicant by regular mail postage prepaid at least twenty-five (25) days before the hearing. d. To Affected Property Owners: Notice of public hearing on a Certificate of Appropriateness shall be sent by the applicant to the owners of properties materially affected by any of the changes proposed in said application. Such notice shall be sent by certified mail return receipt requested at least ten (10) days prior to the hearing. The cost of such notice shall be paid by the applicant. The properties within one hundred fifty (150) feet of an applicant’s property are deemed materially affected by the changes proposed in the application, unless otherwise determined by the Historic District Commission within thirty (30) days after receipt of the application. 5. Notice of Public Hearing Deferral Date. Notice of the date for a deferred public hearing shall be sent to affected property owners, as described above, by the Secretary at the expense of the Little Rock Planning and Development Department. Notice of the deferral date shall be sent by regular mail at least ten (10) days prior to the deferred hearing. This supplemental notice requirement shall not apply to deferrals caused by the applicant’s failure to complete the public hearing notice requirements described in subsection 4(d) above. In such cases, the applicant shall send notice of the new public hearing date at his or her own expense. 6. Procedure. All meetings and public hearings of the Historic District Commission are subject to the procedural requirements set out in Chapter 23 of the Little Rock Code pursuant to Arkansas statute and as amended from time to time. B. Called Meetings Special meetings may be called by the Chair, or at the request of the Secretary, or by a quorum of the Commissioners, or by a majority of those present at a regular or called 14 meeting. Notice of such meeting shall be given as prescribed for a regular meeting, unless the called meeting is to be held within less than three (3) days, in which case, notice by telephone shall suffice if a public hearing is not required and if Freedom of Information Act public meeting notice requirements are met. Announcement of a special meeting at any meeting at which a quorum of the Commission is present shall be sufficient notice to the Commissioners who are present. C. Adjourned Meetings Where all applications cannot be disposed of on the day set, the Commission may adjourn from day-to-day or as necessary to complete the hearing of all items docketed. A majority vote of those present shall be required to adjourn. Article V. Conduct of Business A. Order of Agenda All meetings shall be conducted in accordance with the agenda which shall enumerate the topics and cases in the following sequence: 1. Roll Call. 2. Finding of a Quorum. 3. Approval of Previous Minutes. 4. Deferred Certificates of Appropriateness. 5. New Certificates of Appropriateness. 6. Other Matters. 7. Adjournment. B. Order of Hearing At a public hearing, the order shall be as follows: 1. Announcement of the Subject by the Chair. 2. Summary of Proposal and Report of Staff Findings and Recommendations by Secretary/Staff. 3. Petitioner’s or Applicant’s Presentation. 4. Objector’s or Interested Property Owner’s Presentation. 5. Petitioner’s Rebuttal. 6. Questions and Discussion by Commissioners. 7. Commission Vote on the Request as Filed. 8. Additional Motion of Commission as May Be Required to Dispose of an Issue. C. Standard Rules of Procedure Except as may otherwise be set forth in these by-laws, parliamentary procedure shall be as prescribed in the latest edition of Roberts’ Rules of Order, Revised. 15 D. Special Rules of Procedure 1. Quorum. A quorum for the transaction of business shall be four (4) members. 2. Vote and Proxy. Each Commissioner, including the Chair, shall be entitled to one (1) vote. No Commissioner shall cast a vote for another Commissioner by proxy. Any member of the Commission who shall have an economic interest in any property or decision relating to such property, which shall be the subject matter of, or affected by, a decision of the Commission shall be disqualified from participating in the public discussion or proceedings in connection therewith. Any Commission member may upon disclosure of his or her interest participate in agenda meeting discussions of an informational nature concerning said subject. In the event that any member of the Commission is uncertain as to whether or not a conflict of interest exists, that member should obtain an opinion from the Office of the City Attorney before either participating in the discussion or voting on the application. 3. Motion and Voting on a Certificate of Appropriateness. Any matter of business requiring action by the Commission may be presented by oral motion, and the members present may vote thereon by simple voice vote. In the case that said motion is to approve or deny a Certificate of Appropriateness, Commissioners shall state for the record the reasons for approval or denial of the motion. In case of a split vote, the Chair may ask for a show of hands. The minutes shall indicate the voting to be “denied” or “passed” and the name of any abstainer. 4. Majority Vote. a. These rules may be amended or modified by an affirmative vote of not less than four (4) members of the Commission, provided that such amendment be presented in writing at a regular meeting and action taken thereon at a subsequent regular meeting or as otherwise provided in Article VII of these by-laws. b. A majority of the full membership of the Commission shall be required in order to dismiss an application for a Certificate of Appropriateness or to take final action on the issuance of a Certificate of Appropriateness. c. A majority vote of the members in attendance shall be required to resolve procedural matters including, but not limited to, election of officers, amendment of the order of business, determination of an area of impact for a particular application, and deferral of a public hearing for less than 100 days.” 5. Conduct of Hearing. Public hearings shall be conducted informally, and the Chair shall make all rulings and determinations regarding the admissibility of evidence, the scope of the admissibility of evidence, the scope of the inquiry, the order in which evidence, objections and arguments shall be heard, and other like matters, except that any member shall be privileged to make inquiries personally and to call for a vote on any ruling of the Chair with which he does not agree, whereupon the vote shall determine the effective ruling. It shall be the purpose of the Chair to expedite all hearings, confining them to the presentation of only essential matters in the interest of saving time, but entertaining the presentation of sufficient matter to do substantial justice to all concerned. 16 6. The Secretary of the Commission shall affix an identification tag which includes the case number and an exhibit designation in sequence beginning with “A” to each item, visual or written, formally presented to the Commission at the time of the material’s introduction to the Commission, which is designated by the applicant or other parties testifying before the Commission as a submission to form part of the record upon which the Commission makes its decision. E. General Policies 1. Formal Action. No request to discuss an issue or issues at a public hearing which are not docketed for said hearing may be acted upon formally by the Commission. 2. Closing of Docket. No application for a Certificate of Appropriateness shall be submitted to the Commission, or prepared by the Secretary for submission, unless the same has been filed in the required fashion and no later than the docket date established by the adopted calendar. The staff shall investigate and consider each application, advertise the hearing, and present its findings, on an area wide basis rather than an individual site basis. 3. Open Meetings. All meetings of the Commission shall be open to the public as required by law. 4. Public Hearings. All items for which Commission action is required by law or ordinance shall be made the subjects of open public hearings, and after public notice as prescribed by law or ordinance. 5. Public Records. All minutes of Commission meetings and all petitions, applications, reports and other documents on which action has been taken by the Commission shall be open to the public and available for inspection at reasonable times. 6. Reconsideration of Denied or Amended Applications. a. Expunging Actions. The Commission may, when it deems necessary and for cause, expunge any motion and subsequent action in order to introduce a substitute motion for other action. The motion to accomplish such shall be made immediately and preceding the introduction of the next item of business on that agenda. When an item has been voted on and passed over for the next item of business, it shall not be recalled at that meeting for further action. b. Reconsideration. No application for a Certificate of Appropriateness for property shall be considered if a former application embracing the same property or a portion thereof has been denied by the Commission within a period of 12 months preceding the application, except for cause and with unanimous consent of all members present at a regular meeting. If the Commission decides to rehear a case it will require legal ad, notice to owners, etc., as required for new application. 17 If an application for a Certificate of Appropriateness for property embracing the same property or a portion thereof has been previously denied by the Commission or withdrawn by the applicant, the Commission shall not grant a Certificate of Appropriateness pursuant to an application for a Certificate of Appropriateness for such property unless a material change has been made by the applicant, which change is clearly designated by the applicant in the application, in the proposed erection, alteration, restoration, moving or demolition of buildings, structures or appurtenant fixtures on such property or portions thereof from that contained or proposed in the previous application(s) previously been denied by the Commission. 7. Withdrawals. An application which has been advertised for public hearing may not be withdrawn by the applicant except as follows: a. The applicant’s request for withdrawal of an application must be submitted in writing at least five working days prior to the date of the advertised hearing. b. The request for deferral must state the reason for the withdrawal. c. The applicant’s request for withdrawal must be approved by a majority vote of the Commission members present. d. If the application is withdrawn, the same application for a Certificate of Appropriateness may not be resubmitted for a period of one (1) year. 8. Deferrals. An application for a COA which has been advertised for public hearing may be deferred only as follows: a. Deferral Requested by the Applicant (1) The applicant’s request for deferral must be submitted in writing at least five working days prior to the date of the advertised hearing. (2) The request for deferral must state the reason that a deferral is needed and must specify the proposed length of the deferral. (3) The applicant’s request for deferral must be approved by a majority vote of the Commission members present. (4) No single request for deferral by an applicant shall be granted for more than one hundred (100) days, except by unanimous vote of all Commission members present. (5) In no case shall more than two requests for deferral by an applicant be granted by the Commission. (6) Notice of the date of the deferred public hearing shall be sent as required in Article IV above. (7) If the applicant is not prepared to move forward after two deferral requests have been granted by the Commission, the following options are available to the Commission as circumstances require: (i) Hold the public hearing and grant or deny the application; (ii) Defer the public hearing on the Commission’s own motion for cause; or (iii) Dismiss the application without prejudice or with prejudice against refilling the same application within one (1) year. b. Deferral by the Commission. 18 (1) Prior to opening the floor to a public hearing where there are five or fewer Commissioners in attendance, the Historic District Commission Chair shall explain that approval of an application for a Certificate of Appropriate-ness requires four (4) affirmative votes and shall ask if the applicant would like to defer their public hearing to the next regularly scheduled Commission meeting. A deferral for lack of a full quorum shall be considered a deferral by the Commission. Such deferral shall be considered a deferral by the commission. (2) During a public hearing, the Historic District Commission may defer consideration of the application by a majority vote of the Commission members present. (3) In its motion for deferral of an application, the Commission must state the reason for the deferral and must specify the length of the deferral. (4) No application for a Certificate of Appropriateness for a purpose other than demolition shall be deferred at the insistence of the Historic District Commission longer than one hundred (100) days from the date of the first public hearing without the consent of the applicant. (5) Notice of the date of a deferred public hearing shall be sent as required in Article IV above. c. Deferral for Failure to Meet Statutory Notice Requirements. (1) If the applicant fails to provide proof that notice was mailed to affected property owners, as required in Article IV above, the Commission shall defer the application to allow the applicant time to provide required notice of the deferred hearing. (2) After three such deferrals for failure to provide proof of notice, the application shall be dismissed without prejudice to refile. (3) Notice of the public hearing and of each deferred hearing shall be sent as required in Article IV above, at the sole expense of the applicant. 9. Applicant Attendance at Meeting. The applicant of each item docketed shall be present or represented at the meeting and prepared to discuss the request. 10. Precedents. No action of the Commission shall be deemed to set a precedent. Each item docketed shall be decided upon its own merit and circumstances attendant thereto. 11. Dissent. If a member of the Little Rock Historic District Commission wishes to dissent from a majority opinion of the Commission, he or she shall communicate a written minority opinion to the following: a. All members of the Historic District Commission, b. The Secretary of the Historic District Commission who will note it in the record. 12. Submitted Materials. 19 All materials, written, graphic or otherwise, presented to the Commission for consideration shall become the possessions of the Commission for a period of 90 days after the Commission’s action. In the event that legal measures contesting the Commission’s decision are taken within this time period, said materials shall remain in the possession of the Commission until such time as these legal measures are exhausted. Article VI. Design Guidelines It shall be the Commission’s responsibility to see that the Macarthur Park Historic District Design Guidelines, adopted pursuant to Little Rock Ordinance No. 14042 Section 4, are periodically reviewed for needed revision. A thorough review of the Design Guidelines shall be carried out, at minimum, every five years. Article VII. Amendments These by-laws may be amended or repealed by an affirmative vote of not less than four members of the Commission. A proposed amendment, or a motion to repeal, shall first be presented in writing at a regular meeting and placed on the agenda of a subsequent regular meeting for action, unless ten days written notice has been given to all Commissioners, in which case action may be taken at any regular or called meeting. Article VIII. Waivers Any procedural provision of these by-laws that is not required by Arkansas statute or Little Rock ordinance may be waived by a majority vote of the members present. ATTEST: __________________________ ________________________ Brian Minyard, Secretary Marshall Peters, Chair Date: _____________________ V. Other Matters Discussion on Majority on an issue There was a discussion on how many persons it takes to pass an item and what constitutes a majority. The differences between the bylaws and the ordinance were also discussed. The commission asked the Staff to make sure that the Mayor was aware of the predicament that the HDC has. Mr. Minyard stated that he would discuss this with his boss, Mr. Bozynski. Enforcement items Mr. Minyard is currently working with Housing and Neighborhood Programs on this issue. He elaborated on the proceedings to date. Commissioner Wiedower asked if a house was closed down, who boards and secures the building. Mr. Minyard did not know the answer. COC /COA The commission received a spreadsheet earlier on the COAs and COCs that were approved. It also includes those in process. Discussions were held on the demolition at Wyatt Weems property and the siding removal at 1004 Scott Street. Dunbar Survey The contract has been signed and Housing is looking for a date for a community meeting. Commissioner Wiedower asked if they were working with AHPP. Mr. Minyard stated that it was in the contract. Commissioner Hendrix stated that nothing would happen before September 14th. She stated that she was meeting with Andre Bernard personally on this item. Citizen Communication No citizens were present at this time. Miscellaneous Commissioner Wiedower asked what time of the year that the city applies for CLG grant money. Mr. Minyard stated it was in the spring. Commissioner Wiedower asked about the master plan for survey monies. Mr. Minyard stated that he always asked for survey money for additional areas. He asked for nomination money for the Central High and Dunbar this year also. She continued to ask about the requirements of the CLG requirements. Mr. Minyard stated that the State is handling the nomination of the Tower Building at this time. More discussion is needed on what our requirements are. Commissioner Hendrix asked if Capitol Hill was on the list for future surveys. Mr. Minyard stated that it was in the Preservation Plan. He stated that he would email Commissioner Hendrix and Robert Jones the link for the preservation Plan. VI. Adjournment There was a motion to adjourn. The meeting ended at 6:39 p.m. Atte t: Ch it &'i Secretary /Staff 20 Date g -�Z4f Date