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HDC_04 27 2005LITTLE ROCK DEPARTMENT OF PLANNING AND DEVELOPMENT HISTORIC DISTRICT COMMISSION 723 West Markham Street Little Rock, Arkansas 72201-1334 Phone: (501) 371-4790 Fax: (501) 399-3435 LITTLE ROCK HISTORIC DISTRICT COMMISSION Minutes Wednesday, April 27, 2005, 2:00 p.m. Conference Room, Planning and Development Office Finding of a Quorum A Quorum was present being three (3) in number Members Present: Marshall Peters Carolyn Newbem Job Serebrov Members Absent: Wyatt Weems Wesley Walls City Attorney: Deborah Weldon Staff Present: Charles Bloom Brian Minyard II. Other Matters a. Bylaws Chairman Marshal Peters called the meeting to order. The first item up for discussion was the current spelling and capitalization of "bylaws." Commissioner Job Serebrov noted that he had always seen it capitalized and spelled as "By- Laws." Staff member Brian Minyard noted that the Planning Commission referred to it as one un- capitalized word, "bylaws." Commissioner Carolyn Newbern made a motion "for the spelling of "bylaws" to be consistent with city code, Commissioner Peters seconded. Commissioner Serebrov amended the motion to state if inconsistencies exist then the proper spelling of "bylaws" bylaws will default to AP style. The motion passed as amended 3 ayes, 0 noes, and 2 absent. The next item of discussion was to make the bylaws more in line with the Ordinance and regarding the number of Commissioners noted in Article III, Section A, Item 1. The current number is five and the state legislation allows up to nine. Commissioner Serebrov would like the Ordinance to state up to nine and not just five. A discussion began on how long it would take to add a Commissioner through the current process or if the Ordinance was amended. City Attorney Debra Weldon indicated that all Ordinances currently state an exact number. Weldon also noted that if we were to change the number of Commissioners we would have to amend both the Bylaws and Ordinance. Commissioner Peters asked what would happen if the Local Ordinance District were expanded or an additional one was added. City Attorney Weldon noted that the Commission would most likely have adequate time to amend the bylaws and Ordinance if an additional Commissioner was ever needed. Commissioner Newbum made a motion to "leave the number as is." Commissioner Serebrov seconded. The motion passed 3 ayes, 0 noes, and 2 absent. A discussion began regarding the current terms and expirations. Commissioner Serebrov questioned if the current terms met city code. Commissioner Serebrov made a motion to for staff to look at the resolutions for appointments, check with current terms, and see about getting them fixed. Commissioner Peters seconded the motion. The motion passed 3 ayes, 0 noes, and 2 absent. A discussion began on Article III, Section A, Item 3. City Attorney Weldon suggested that the proposed new section three be added to the existing line as the first sentence. Commissioner Newbern made a motion that Article III, Section A, Item 3 be amended to read, "Vacancies shall be filled in like manner for the unexpired term. Members who are appointed to fill vacancies for unexpired terms shall join the Commission at the next meeting following their appointment and confirmation." Commissioner Serebrov seconded. The motion passed 3 ayes, 0 noes, and 2 absent. An additional discussion began on Article III, Section A, Item 1. Commissioner Peters had questions on the proposed changes. Commissioner Newbern mentioned a need for clarification of wording. Commissioner Serebrov noted that the proposed changes were to make more sense. Commissioner Newbern made a motion for the section to read, "Commission shall consist of five (5) 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." Commissioner Serebrov seconded. The motion passed 3 ayes, 0 noes, and 2 absent. A discussion began on the proposed Article III, Section A, Item 5. Commissioner Serebrov led the discussion. Commissioner Newbern questioned the importance of stating a date to elect officers. Commissioner Serebrov noted the importance of clarity. Commissioner Newbern made a motion to add Article III Section A, Item 5 to state "The Commission shall elect a chair and vice chair annually from its own number at the last meeting of the year." Commissioner Serebrov seconded. The motion passed 3 ayes, 0 noes, and 2 absent. A discussion began on the proposed Article III, Section A, Item 6. Commissioner Newbern asked if was a way for the Commission to get money. Commissioner Peters said he liked the idea. Commissioner Newbern made a motion to pass as written (The Commission may adopt rules and regulations in conformity with State law and the City Code and may, subject to appropriation, employ clerical and technical assistants or consultants and may accept money, gifts, or grants and use them for these purposes). Commissioner Peters seconded. The motion passed 3 ayes, 0 noes, and 2 absent. A discussion began regarding Article III, Section B, Item 1, Line a., for clarification of words in the section. Commissioner Serebrov explained the reasons for changing "Chairman" to "Chair." Commissioner Peters made a motion to approve the changes. Commissioner Peters seconded. The motion passed 3 ayes, 0 noes, and 2 absent. A discussion began regarding Article III, Section B, Item 2, Line a., for clarification of words in the section. Mr. Minyard noted that Item 2 needed to reflect the "Department of Planning and Development." Commissioner Peters made a motion to approve the change, and Commissioner Serebrov seconded. The motion passed 3 ayes, 0 noes, and 2 absent. Commission Newbern read the proposed changes in Article IV. Commissioner Newbern made a motion to incorporate the proposed changes into Article IV, Section A, Item 4, Line b. Commissioner Serebrov seconded. The motion passed 3 ayes, 0 noes, and 2 absent. Article IV, Section A, Item 4, Line b., will now read "To General Public: Legal Notice — Notice of public hearing on plans, regulations, ordinances or amendments thereto shall be published at least one (1) time in a newspaper having circulation throughout the city at least fifteen (15) days prior to the hearing." A discussion began on proposed Article IV, Section A, Item 4, Line c. Commissioner Serebrov made a motion to seek legal advise on the section. Commissioner Newbern seconded. The motion passed 3 ayes, 0 noes, and 2 absent. A discussion began on proposed Article IV, Section A, Item 4, Line d. Commissioner Newbern made a motion to remove the proposed changes in their entirety. Commissioner Serebrov seconded. The motion passed 3 ayes, 0 noes, and 2 absent. A discussion began on proposed Article V, Section B, Item 6. Commissioner Newbern made a motion to accept the change and add "Questions by Commissioners ". Commissioner Serebrov seconded. The motion passed 3 ayes, 0 noes, and 2 absent. A discussion began on Article V, Section D, Item 3, regarding propose changes. Commissioner Newbern made a motion to get rid of the word "secret," the wording "designate a member of the Commission to," and rename the section "Motion and Voting on a Certificate of Appropriateness." Commissioner Serebrov seconded the motion. The motion passed 3 ayes, 0 noes, and 2 absent. A discussion began on Article V, Section D, Item 6. Commissioner Newbern made a motion to accept Article V, Section D, Item 6, as written ( "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. ") Commissioner Serebrov seconded. The motion passed 3 ayes, 0 noes, and 2 absent. A discussion began on Articles V, Section E, Item 6, Line b., and Article V, Section E, Item 6, Line c. Commissioner Serebrov made a motion to eliminate Articles Section E, Item 6, Line b." Commissioner Newbern seconded. The motion passed 3 ayes, 0 noes, and 2 absent. Articles V, Section E, Item 10. Commissioner Newbern made a motion to keep it as is. Commissioner Serebrov seconded. The motion passed 3 ayes, 0 noes, and 2 absent. Article V, Section E, Item 10, now reads: "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." A discussion began regarding Article V, Section E, Item 11. Commissioner Newbern made a motion to amend line b to state "b. The Secretary of the Historic District Commission who will note it in the record," and remove Lines "c" and "d ". Commissioner Serebrov seconded. The motion passed 3 ayes, 0 noes, and 2 absent. A discussion began regarding Article V, Section E, Items 12 and 13. Commissioner Newbern made a motion to remove Article V, Section E, Item 12 and accept the changes in Article V, Section E, Item 13." Commissioner Serebrov seconded. The motion passed 3 ayes, 0 noes, and 2 absent. A discussion began over a possible addition allowing the Commission to waive the bylaws. Commissioner Serebrov made a motion to refer the matter of waiving the bylaws to the City Attorney's Office to check for appropriateness. Commissioner Newbern seconded. The motion passed 3 ayes, 0 noes, and 2 absent. III. Adjournment. The meeting was adjourned at 4:22 p.m. ATTEST: Chairman Secretary Date: