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HomeMy WebLinkAboutRHPC ByLaws 4 yr term revision 3.25.15.docx (2)RESOLUTION OF THE REDSTONE HISTORIC PRESERVATION COMMISSION ADOPTING BY-LAWS Established via BOCC Resolution #058-1980 Amended February 9,1988 via BOCC Resolution #88-41 Amended July 24,1990 via BOCC Resolution #070-1990 Amended March 14,2004 via BOCC Resolution #043-2004 Amended March 25,2015 via BOCC Resolution #016-2015 RECITALS 1.C.R.S.,§30-11-107(1)(bb)authorizes the Board of County Commissioners (the “Board”)to provide for the preservation of the cultural historic,and architectural history within the county and to delegate the power of historic preservation to an historic preservation advisory board. 2.Pursuant to its statutory authority,the Board established the Redstone Historic Preservation Commission (“RHPC”).The establishment of the RHPC is codified as Pitkin County Land Use Code, §7-10-040 (“PCLUC”). 3.The role of the RHPC is set forth in PCLUC,§7-10-040 as:“to provide for the preservation and continued integrity of the historically designated area within 1000 feet of the established boundary of the townsite of Redstone and of other designated structures,sites and objects,and to promote the educational,cultural,economic and general welfare of the public by preserving those qualities which relate to the history of Redstone,the State of Colorado,and the nation. 4.PCLUC,§7-10-040(B)further provides that “[t]he Commission shall develop and adopt by-laws to govern its operations.Such by-laws shall include provision for election of officers to include a chairperson,vice-chairperson and secretary (whose responsibility shall be to make and keep a thorough,accurate record of all Commission proceedings).” 5.The RHPC finds it necessary and desirable to adopt by-laws which consolidate and amend those rules,regulations,and procedures which pertain to the establishment and operations of the RHPC. NOW,THEREFORE,BE IT RESOLVED by the RHPC that it does hereby enact by-laws as follows: I.MEMBERSHIP;TERMS;VACANCIES;REMOVAL. A.Membership. 1.Five (5)regular and three (3)alternate members shall be appointed by the Board of County Commissioners.Alternates are expected to attend meetings regularly and participate in discussion,even though they may not be voting. 2.Members shall have an interest in and knowledge of the Redstone community and history. 3.Each member shall have been a resident of the Crystal River Valley within the bounds of Pitkin County (from approximately nine miles north of Redstone to approximately five miles south)for a minimum of one (1)year. 4.Members should include a mix of backgrounds such as architecture,real estate,history, law,engineering and have an interest in our cultural heritage. 5.Members should include a balance of property owners and renters as well as long-term residents. 6.All members shall serve without pay,except that the members are entitled to receive reimbursement for actual expenses incurred as a part of their RHPC duties. B.Terms. The term of office of regular and alternate members shall be four (4)years,such that the terms of four (4)members and the remaining four (4)members shall be completed in alternating years. C.Vacancies. Members may be reappointed by the Board of County Commissioners for successive terms and each member shall serve until the appointment of his or her successor. D.Attendance and Preparation. All members are required to notify the HPO of any anticipated absence from any meeting of the RHPC.Only three unexcused absences will be allowed per member. All members will receive packets a minimum of 5 days prior to the meeting and are expected to have reviewed the information prior to the meeting. E.Removal. Regular and alternate members serve at the pleasure of the Board of County Commissioners.A regular or alternate member may be removed by the Board of County Commissioners for non-performance of duty or misconduct,including participating in a matter with a conflict of interest.Absences from meetings may be considered non-performance of duty. II.ELECTIONS AND DUTIES OF OFFICERS. A.Elections. 1.The regular members of the RHPC shall elect a Chairperson,Vice-Chairperson and Secretary (the “Officers”)who shall be regular members. 2.The Officers shall be elected for one-year terms and shall be eligible for re-election. B.Duties.The Officers shall perform the following duties: 1.The Chairperson shall run the meetings of the RHPC in accordance with the procedures set forth in these by-laws. 2.The Vice-Chairperson shall perform the duties of the Chairperson if the Chairperson is absent or declares a conflict of interest. 3.The Secretary shall make and keep a record of all RHPC proceedings,to include the following: a.A list of all members and public in attendance at the meeting b.Under each specific agenda topic,record the names of the public who speak,and a record of the specific action taken,including motions,seconds and voting and the name of the members involved. III.QUORUM;VOTING;CONFLICTS OF INTEREST. A.Quorum. A quorum of RHPC shall consist of three (3)voting members,none of whom have declared a conflict of interest. B.Voting. 1.Actions by the commission shall require the concurrence of at least two (2)members of the RHPC.Tie votes shall result in no action. 2.In the event any regular member is unable to act due to his absence,conflict of interest in any matter before the RHPC or any other cause,an alternate shall be designated to act in his/her behalf,in the following manner: a.The Chairperson shall rotate the designation of alternate members.The Chairperson will randomly draw names to establish the first and subsequent alternates to act as needed at each meeting. b.The alternate may choose to act or defer to the remaining alternate. c.Alternates acting for members absent at the beginning of a meeting shall be designated prior to deliberations on any agenda matter.Alternates chosen to represent members who leave or abstain during a meeting shall be designated at the time the regular member leaves or declares a conflict of interest. d.Alternates chosen to act on behalf of an absent member shall continue to act for the duration of the meeting,the arrival or return of the regular member notwithstanding. e.Alternates chosen to act because of a conflict of interest shall act only on the matter form which the conflict arises. f.To be eligible for participation in the meeting the alternate must have been present and active during all previous discussions of the matter on the table. C.Conflicts of Interest. 1.Members of the RHPC shall adhere to the rules of conduct for local government officials set forth in C.R.S.,§24-18-109. 2.A member of the RHPC who has a personal or private interest in any matter proposed or pending before the RHPC shall disclose such interest to the RHPC and shall not vote thereon and shall refrain from attempting to influence the decisions of the other members of the governing body in voting on the matter.However,a member of the RHPC may vote notwithstanding a conflict of interest if his or her participation is necessary to obtain a quorum or otherwise enable the body to act so long as the member discloses the nature of the conflict to the RHPC. 3.A member who declares a conflict of interest must remove themselves from the room for the duration of the discussion on the item. 4.A member who participates in ex parte conversations or contact on any topic must declare it to the board at the beginning of the meeting.The RHPC must rule on whether a conflict of interest exists based on the contact,and whether the member is required to step down for the duration of the discussion. 5.Once a conflict is declared the member may not participate in any activities on the board related to that matter IV.PROCEDURES. A.Regular Meeting Times. Regular meetings of the RHPC shall ordinarily be held once a month on a regularly scheduled day at a regularly scheduled time and place.An additional regular meeting may be scheduled each month by the vote of the board at a regularly scheduled meeting. B.Notice of Meetings. Notice of all RHPC meetings shall be made by posting the agenda a minimum of 5 days prior to the meeting.Posting will be made at the Redstone Inn. C.Meetings Open to Public. All meetings shall be open to the public. D.Agendas. 1.The Historic Preservation Officer shall prepare the agenda for the RHPC meetings. 2.Subjects that are not listed on the agenda shall be considered for official action only if approved for discussion by a majority vote of members present. 3.It shall be RHPC policy to set the agenda for each regular meeting and study session in the following manner: a.It shall be the responsibility of the Historic Preservation Officer to schedule items for consideration by the RHPC.Such schedules shall be heard and evaluated during a three hour meeting.Special meetings or additional agenda items shall be requested of the RHPC by the Historic Preservation Officer or his/her assignee prior to scheduling. b.The Historic Preservation Officer shall compile a final agenda on the Friday afternoon prior to the scheduled meeting,after ensuring that all requested information and data for each tentative agenda item has,in fact,been submitted and is on file. c.Special meetings may be called at the discretion of the Chairperson,provided at least three days notice is given to all members and the public. 4.The Historic Preservation Officer shall mail or deliver by U.S.mail an agenda to each of the following individuals: a.All individuals listed on the tentative agenda. b.RHPC members c.Pitkin County Community Development Department d.Organizations by request e.Members of public by request f.The official newspaper of Redstone E.Conduct of Meetings. 1.Opening the Meeting:The Chairperson shall open the meetings of the RHPC by announcing the voting members of the RHPC and inquiring whether any of the members declares a conflict of interest with respect to any item on the agenda.If a conflict is declared with respect to an item on the agenda,the Chairman shall announce the voting members with respect to that agenda item. 2.Addition of Items to the Agenda:After the meeting has been opened,the Chairperson shall ask whether there are any items to be added to the agenda.Thereafter,the Chairperson shall follow the agenda prepared for that meeting,including any additions. 3.Public Meeting or Public Hearing:Before commencing consideration of any agenda item involving a development request,the Chairperson shall declare whether the item under consideration is a public meeting or hearing. 4.Order of Consideration:The Chairperson shall direct the consideration of each agenda item involving a development request as follows: a.Presentations: 1)The Historic Preservation Officer shall make a presentation regarding the agenda item.The Chairman shall allow questions from the RHPC of the Historic Preservation Officer and may,in his/her discretion,also allow questions from the applicant. 2)The applicant shall then make its presentation.The Chairman shall allow questions from the RHPC of the applicant. 3)The Chairperson,in his/her discretion,may limit the length of the presentations by the Historic Preservation Officer and/or the applicant, however each shall be afforded an adequate opportunity to be heard. b.Public Comment: 1)If an agenda item is a public hearing,the Chairman shall request public comment.If any member of the public desires to be heard,the Secretary shall record the name and address of the speaker for the record.The Chairman,in his/her discretion,may limit the duration of public comment,however an adequate opportunity to be heard shall be provided. 2)If an agenda item is a public meeting,the Chairman shall poll the voting members of the RHPC to determine whether public comment is desired. If a majority of the voting members of the RHPC desire public comment, then public comment shall be received as set forth in paragraph b.1) above. c.RHPC Consideration: 1)After hearing the presentations by the Historic Preservation Officer and any public comment,the Chairperson shall close any public hearing and return the agenda item to the RHPC for consideration. 2)After hearing the presentations by the Historic Preservation Officer,the applicant and any public comment,the RHPC may then discuss the merits of the application and the individual members may voice their opinions regarding the application. 3)After adequate discussion amongst the members of the RHPC has occurred,any member,including the Chairperson,may then make a motion with respect to the agenda item. 4)After a member has completed a motion,the Chairperson shall ask the other members whether there is a second to the motion.The Chairperson may second a motion,provided that he/she did not make the initial motion. 5)After a motion and a second,the Chairperson shall then ask the members whether there is any additional discussion or requested amendments to the motion.All requested amendments to a motion must be accepted by the member who made the motion. 6)The Chairperson shall then call the question and the voting members shall indicate their position on the motion by stating “Aye”or “Nay.” The Chairperson shall announce the members voting Aye and Nay after each member has voted. F.Action by Resolution. Action by the RHPC shall be by Resolution,signed by the Chairperson or Vice-Chairperson in the event of an absence or conflict of interest of the Chairperson. G.Reconsideration. A motion to reconsider an action of the RHPC may be raised later at the same meeting at which the original action was taken,or at the next regular meeting of the RHPC.The motion to reconsider must be made by one of the Commissioners who voted in the majority on the original action. V.RECORD The Record of the RHPC shall be kept by the Historic Preservation Officer with the assistance of the Secretary.The Record shall consist of:(1)minutes of the meetings;(2)the agenda and any staff reports prepared;(3)any exhibits tendered at the meetings;and (4)RHPC resolutions.The Record of the RHPC shall be kept in the Pitkin County Community Development Department and such records shall be open to the public at all times during regular office hours. ARTICLE VI Amendment Section 1.Amendment.These Bylaws shall be the province of the BOCC and shall be adopted and amended only by the action of the BOCC.