Bylaws, Rules and Regulations

Jacksonville Historic Preservation Commission

Rule 1, Administrative Procedures

Part 1

1.1-100 Purpose and authority; repeal of bylaws

Officers

1.2-100 Officers, generally

1.2-101 Chairman, duties

1.2-102 Vice Chairman, duties

1.2-103 Secretary, duties

1.2-104 Senior Member, duties

Part 3

Committees

1.3-100 Appointment of Committees

1.3-101 Quorum

1.3-102 Functions

1.3-103 Reports

Staff Support

1.4-100 Planning and Development Department, generally

1.4-200 Commission Planning Staff

1.4-300 Office of General Counsel

1.4-400 Orientation of New Commissioners

Meetings

1.5-100 Schedule of Regular Meetings

1.5-200 Location

1.5-300 Procedure

1.5-400 Order of Business

1.5-500 Announcements

1.5-600 Public Comments

1.5-700 New Business

Deferrals and Modifications

1.6-100 Deferral of Agenda Items

1.6-200 Modification of Applications

1.6-300 Tie Vote; effect of

1.7-100 Appeals from Decisions of the Commission

1.7-200 Appeals from Staff Decisions

Ethics

1.8-100 Ethics

Part 1, Purpose

1.1-100 Purpose and authority. The purpose of this Rule 1 of the Jacksonville Historic Preservation Commission is to establish procedures for conducting Commission business and in the internal administration of the Commission. This rule implements Chapters 76 and 307, Jacksonville Ordinance Code. This rule is adopted pursuant to §100.201, Jacksonville Ordinance Code, and repeals all previously adopted Commission bylaws.

Part 2, Officers

1.2-100 Officers, generally. The officers of the Commission shall consist of a Chairman, a Vice Chairman, and the Secretary. The officers shall be elected by the members of the Commission at the last scheduled meeting in May, and shall assume their respective offices at the first regular meeting in June. The term of each office shall be one year. If an officer resigns from the Commission or is removed from office, the Commissioners, at the earliest opportunity, shall elect a member to complete the term of the officer who resigns or is removed.

1.2-101 Chairman. The Chairman shall have the authority and responsibilities established for presiding officers in §§100.208 and 100.209, Jacksonville Ordinance Code, and shall:

(1) Preside at Commission meetings;

(2) Appoint standing and ad hoc committees as may be necessary. The Chairman shall be an ex-officio member of all committees. He may attend any committee to make a quorum, but his attendance shall not increase the quorum requirement. He may vote on any question pending before the committee, but his participation shall not increase the minimum number of affirmative votes required to report any matter to the Commission;

(3) Prescribe the duties of committees;

(4) Sign orders, recommendations, certificates, reports, vouchers, correspondence, etc., requiring the signature of an official of the Commission. Orders of the Commission are effective on the date the order is signed by the Chairman.

1.2-102 Vice Chairman. The Vice Chairman shall:

(1) Perform the duties of the Chairman at the Chairman's direction, absence, disqualification or disability; and,

(2) Serve as the Commission's parliamentarian.

1.2-103 Secretary. The Secretary shall perform the duties of the Chairman in the absence of both the Chairman and the Vice Chairman.

1.2-104 Senior member. In the absence of the Chairman, Vice Chairman and Secretary, the Commissioner with the most longevity on the Commission shall preside at any Commission meeting.

Part 3, Committees

1.3-100 Appointment of Committees. At his discretion the Chairman may appoint committees as may from time to time be necessary to carry out the duties of the Commission.

1.3-101 Quorum. The quorum of a committee is the number of the majority of the committee membership. The Chairman as an ex-officio member may attend any committee to make quorum, but his attendance shall not increase the quorum requirement.

1.3-102 Functions. Committees shall perform the tasks assigned by the Chairman including, but not limited to, investigating, reporting, and recommending action on matters within the scope of the committee's duties. The committee chairman may appoint subcommittees.

1.3-103 Reports. The committee chairman shall report to the Commission on the tasks assigned to the committee.

Part 4, Staff Support

1.4-100 Planning and Development Department, generally. The Director, Planning and Development Department furnishes financial and administrative support to the Commission.

1.4-200 Commission Planning Staff. Planning and Development Department members assigned to the Commission provide administrative support, including but not limited to:

(1) arranging meeting place for regular and special meetings;

(2) notifying the Commissioners, City Council members and the public of the meetings;

(3) preparing agendas, transcripts and/or minutes of meetings and hearings and distributing copies thereof to the Commissioners and others;

(4) providing the Office of General Counsel information to prepare ordinances, resolutions, advisory opinions, and final orders;

(5) preparing reports supporting proposed findings, conclusions and recommendations concerning landmark, landmark signs and sites, and historic district designations, and certificates of appropriateness;

(6) maintaining the Commissions records, correspondence, responses and equipment;

(7) administering the Historic Preservation Property Tax Exemption Program; and,

(8) conducting an orientation program for newly appointed commissioners.

1.4-300 Office of General Counsel. The Office of General Counsel assigns an attorney to the Commission who serves as the Commission's legal advisor on federal, state and local historic preservation law. The legal advisor prepares legal documents including but not limited to:

(1) advisory opinions;

(2) ordinances reflecting the Commission's recommendations on the designation, amendment or rescission of landmark, landmark signs and sites, and historic districts;

(3) final orders on certificates of appropriateness; and,

(4) tax exemption resolutions.

1.4-400 Orientation of New Commissioners. Preferably before attending their first meeting, newly appointed Commissioners shall receive an orientation from the Planning and Development Department staff. The orientation shall include a review of the staff's duties and the processes employed by the Department and the Commission in administering Jacksonville's historic preservation program. Staff will discuss the requirements of Chapters 76 and 307, Jacksonville Ordinance Code.

Part 5, Meetings

1.5-100 Schedule of Regular Meetings. Regular meetings shall be held at least once each month. Commission meetings are open to the public

1.5-200 Location. All meetings of the Commission shall be at a location that complies with §122.105(b), Jacksonville Ordinance Code.

1.5-300 Procedure.

(1) Unless otherwise required, the Commission shall conduct business according to Roberts' Rules of Order.

(2) A quorum consists of a majority of the Commission membership.

(3) Favorable action by the Commission requires that a majority of the Commissioners present and voting concur; provided, however,

(a) when a property owner objects in writing or verbally at the meeting to an application designating the owner's property as a landmark or landmark site, a recommendation of approval by the Commission requires the concurrence of a majority plus one of the members present and voting; and,

(b) if there is no quorum to take action on the item, action on the item shall be deferred until the next regularly scheduled Commission meeting, or a date certain established by the Chairman or presiding officer, as the case may be.

(4) Motions involving quasi-judicial matters shall include succinct recitation of the findings of fact and rationale underlying the motion, which shall be entered in the minutes and/or transcript of the meeting.

(5) Voting shall be by voice vote or a show of hands. No proxy votes are permitted. As a Commissioner, the Chairman may vote with the other members. The Chairman shall announce the results of the vote and the names of the members casting minority votes.

(6) A member who wishes to change his vote after the Chairman has announced the results shall inform the Chairman of his desire, who shall announce the matter to the Commission. The Chairman shall allow the Commissioner to state his reasons for changing his vote. Following debate, and with the consent of a majority of the Commissioners, the member may change his vote, and the Chairman shall announce the results of the revised vote.

(7) Any provision of this rule may be temporarily suspended, unless such suspension would conflict with the laws of Florida or ordinances of the City of Jacksonville by a vote of two-thirds of all the Commissioners. A provision of this rule shall not be suspended to amend any provision or part hereof.

1.5-400 Order of business. The Chairman may adjust the order of business. Ordinarily, however, the business of the Commission shall be conducted in this order:

(1) Call to order;

(2) Verification of quorum;

(3) Approval of the minutes of the previous meeting, or, if minutes were not prepared, approval of the transcript certified by the court reporter;

(4) Consent agenda;

(5) Regular Agenda

(a) Review of pending demolitions of contributing structures within an historic district that is listed on the National Register of Historic Places (as required under 320.409(b),(c);

(b) Review of unsafe or condemned structures;

(c) Public hearings on applications

1. Landmark, Landmark site, Landmark sign and Historic District designations

2. Certificates of appropriateness

3. Nominations to the National Register;

(6) New business:

(a) Discussion items;

(b) Opinions of Appropriateness;

(c) Information items;

(7) Old business;

(8) Adjournment.

1.5-500 Announcements. The Chairman or presiding officer may make announcements at the beginning of a meeting. Among the announcements that may be made are the following:

(1) 'No demonstrations are permitted either supporting or opposing any item under consideration by the Commission.'

(2) 'Anyone speaking to the Commission must first give his name and address for the record.'

(3) 'The Commissioners have received the reports and recommendations of the Planning and Development Department concerning the applications on the agenda.'

(4) 'The applicant on agenda item ____ concerning (name of owner and/or agent, property location, action requested) has withdrawn the application because (reason(s) for withdrawal), and the item has been stricken from the agenda, as requested.'

(5) 'The Commission has not received a report from the Planning and Development Department on agenda item ____ concerning (name of owner and/or agent, property location, action requested). Pending receipt of the report, the item is deferred to (the next meeting of the Commission)(date). However, I will open the public hearing on the item if there is anyone here who wants to talk about the item and who will not be at the meeting when the Commission will take up the item for action.'

(6) 'All information and evidence presented to the Commission about an item during a public hearing becomes a part of the official record about the item and is maintained in the Planning and Development Department.'

1.5-600 Public Comments. At public hearings required by law or fixed by the Commission, the Chairman shall extend the privilege to address the Commissioners to a reasonable number of opponents and supporters of the matter under consideration. Unduly repetitious speakers may be denied the opportunity to comment. Each person addressing the Commission shall:

(1) Sign a 'speaker's card' and give it to the Commission staff;

(2) Go to the podium and clearly state his name and address for the record;

(3) Limit his comments to three (3) minutes, unless the Chairman has set a different time limit;

No person, other than a Commissioner or the person having the privilege of speaking, is permitted to enter into any discussion, either directly or through a member of the Commission, without the Chairman's permission. All questions to Commissioners shall be addressed through the Chairman.

1.5-700 Presentation of Applications.

(1) Consent agenda.

(a) There shall be a consent agenda, which shall include:

1. Certificate of appropriateness applications recommended for approval,

2. Certificate of appropriateness applications recommended for approval with conditions in which the applicant has agreed to the conditions,

3. Other matters determined by staff as being non-controversial

(b) At the appropriate time during the meeting, the Chairman shall announce the taking up of the consent agenda and identify agenda items on which telephone calls, letters or other communications have been received. After announcing the consent agenda, the Chairman shall open a public hearing on all items on the consent agenda. After closing the public hearing, the agenda shall be read. As each item on the consent agenda is read, any Commissioner may request that the item be removed for further debate, and, any Commissioner wishing to record his vote as a 'nay' vote shall so state. At the conclusion of the reading of the consent agenda, but before debate on any removed item(s), the Chairman shall call for one vote on the entire consent agenda, which vote shall be applicable to each item on the consent agenda (except removed items) except where a Commissioner has stated that he desires his vote to recorded as a 'nay' vote on a particular item. Any item removed from the consent agenda for further debate shall be debated and considered immediately following the vote on the consent agenda.

(2) Regular agenda items. Except for consent agenda items, the following procedure will be used during presentations of new applications for designations, amendments or rescissions of landmarks, landmark signs and sites, historic districts, certificates of appropriateness, and applications for nomination to the National Register of Historic Places:

(a) Chairman opens public hearing, if required, and states the application before Commission;

(b) Unless otherwise directed, Staff shall presents its report and recommendations;

(c) Presentation by the applicant (or agent);

(d) Comments by the public supporting or opposing the application;

(e) Applicant's rebuttal, if any;

(f) Comments and questions by Commissioners

(g) Chairman closes public hearing and the Commissioners discuss the application and vote, imposing any conditions that seem appropriate.

Part 6, Deferral and Modification

1.6-100 Deferral. An item may be deferred to the next meeting of the Commission at the discretion of the Chairman. The following items shall be deferred:

(1) No Planning and Development Department report. Applications for certificates of appropriateness, and landmark, landmark signs and sites, and historic district designation, amendments and rescissions shall be deferred from meeting to meeting until the staff's advisory report is received.

(2) Inadequate notice. Where a required public notice is inadequate, e.g., in the case of certificates of appropriateness, the failure to post signs in the vicinity of the property within the required period, etc., the application shall be deferred until the deficiency is corrected.

(3) Applicant absence. Applications in which the applicant or representative does not attend the public hearing and has not given a written or verbal statement for the application to be heard in their absence.

(4) Tie vote. In the event of a tie vote on an application for designation, amendment or rescission of a landmark, landmark sign or site, or historic district, an application for a certificate of appropriateness, or for nomination to the National Register of Historic Places, the item shall be deferred until the next meeting. At the following meeting, the item shall be taken up again and revoted for the second time. If a tie vote occurs on the second ballot as well, the item fails.

1.6-200 Modification of applications; consideration.

(1) Inaccurate legal description. An application with an inaccurate legal description of the property shall not be considered. If it appears to staff that an inaccurate legal description has been submitted, staff shall inform the applicant to resubmit a complete, correct legal description, and that the application will not be considered by the Commission until the deficiency has been corrected.

(2) Conditions. The Commission may impose conditions on its approval of any application.

Part 7, Appeal

1.7.100 Appeals from Decisions of the Commission. Appeals from decisions of the Commission shall be as provided in Chapter 307.201, et seq., Ordinance Code.

1.7-200 Appeals from on Staff Decisions. The Commission may, from time to time, delegate to Staff the responsibility for approving or denying (with or without conditions) certificates of appropriateness on matters which the Commission determines are commonly non-controversial listed under 307.107(a) or otherwise outlined under designation reports and guidelines. Staff decisions may be appealed to the Commission in the same manner that decisions of the Commission may be appealed to the City Council; provided, however, that no the appeal is filed in writing to the Commission within thirty (30) days of the appellant became aware of the staff action on the application, or the work begins. The Commission's legal advisor shall determine whether the appeal is timely, and, acting for the Commission, shall deny untimely appeals, and inform the Chairman of such action.

Part 8, Ethics

1.8-100 Ethics. Commissioners shall, at all times, comply with Chapter 112, Florida Statutes, and relevant opinions of the Florida Commission on Ethics and the City of Jacksonville Ethics Commission. Furthermore,

(1) Commissioners shall not vote on a measure which inures to his special private gain or shall knowingly vote upon any measure which inures to the special gain of any principal, other than an agency, as defined in §112.312(2), Fla. Stat., by whom he is retained.

(2) Any Commissioner abstaining from voting due to a real or perceived conflict of interest shall publicly state the nature of his interest before the vote is taken on an item before the Commission. He must then abstain from voting. If the Chairman is the Commissioner who must abstain from voting, he shall relinquish the chair to the Vice Chairman once the item has been called from the agenda for action. When the Commission has taken action on the item, the Chairman shall resume the duties of the office of Chairman.

(3) Commissioners abstaining from voting because of conflicts of interest shall file the appropriate conflict report form with the Secretary within fifteen (15) days after the meeting at which the conflict was disclosed. The report form shall be appended to the minutes of the meeting.

ADOPTED AND APPROVED this 27^th day of March, 2002

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