HomeMy WebLinkAboutBHPCMinutes_2009_09_03Brookings Historic Preservation Commission
September 3, 2009
A meeting of the Brookings Historic Preservation Commission was held on Thursday,
September 3, 2009 at 4:00 p.m. in City Hall. Members present: Pam Merchant, Mary
Bibby, Jerry McCollough, Janet Gritzner, Dennis Willert and Joanita Kant. Pat Powers
was absent. Shari Thornes, City Clerk, was also present.
Chairperson Willert called the meeting to order at 4:00 p.m.
Adoption of agenda. A motion was made by McCollough, seconded by Merchant, to
approve the agenda. All present voted yes; motion carried.
Schedule next monthly meeting. Tentative date – October 1st at 4:30 p.m.
Update on Preserve America Grant. Thornes was contacted by Jason Haug, Historic
Preservation Director at the State Historic Preservation Office, with an exciting update
on the Preserve America Grant.
As reported in July, the State Office was approved to reallocate the Brookings Preserve
America grant for a statewide project. The City of Deadwood agreed to provide the
State Preservation Office with $50,000 to match Brookings' Preserve America grant.
Their plan is to extend various aspects of the State’s current Preserve America grant
project to other communities in SD. The grant will be used for to purchase and install a
number of historic interpretive signs at historic sites in certain communities and also to
help other communities become Preserve America Communities. They would include
Brookings as one of the cities where they do a number of interpretive signs.
However, the National Park Service is requiring the grant would still have to be run
through Brookings. SHPO can make that as painless for the City as possible. Since July
Haug has been working to reach agreement on contract forms between the City of
Brookings and the South Dakota Heritage Fund, which is the non-profit partner of the
State Historical Society. That way the State would manage the entire grant, but the
grant reimbursement requests would come from the City who would in turn pass them
along to the State’s Heritage Fund.
On September 2, 2009, Haug emailed Thornes with two separate draft agreements, one
between Brookings and SHPO and another between Brookings and the Heritage Fund,
which is the non-profit partner of the State Historical Societ y. Haug said this is
necessary to be done this way because Deadwood gave the State two $25,000 grants
instead of one $50,000 grant so the State will have to separate everything out. The
Heritage Fund’s grant from Deadwood will cover salary and travel cost s for researching
and designing the interpretive signs and writing the Preserve America Community
applications. The SHPO’s grant from Deadwood will be used to cover costs for actually
purchasing and shipping the interpretive signs.
The logistics will consist of SHPO sending Thornes invoices every 6 months (one from
the Heritage Fund and one from the SHPO) and the City would submit the Preserve
America grant request based on the invoices and reports submitted. Once payment is
received, payment is made to the Heritage Fund and SHPO. Haug will prepare and
handle all the federal reporting requirements associated with this grant. The City would
just have to request the payment and then process the payment to the Heritage Fund
and/or SHPO. He has submitted the revised scope of work and budget to Megan Brown
at the National Park Service for her review.
Haug and Thornes will meet with the City Manager regarding the memorandum of
understandings.
ACTION: A motion was made by McCollough, seconded by Bibby, to enthusiastically
support all necessary agreements needed to reallocate the City of Brookings Preserve
America Grant Funds to the State Historic Preservation Office for their statewide
heritage tourism efforts. All present voted yes; motion carried.
Local Register of Historic Places – Listing Process and Draft Documents. Pursuant to
BHPC Grant Project #SD-08-019, the Brookings Historic Preservation Commission is
charged with the development of the legal process and forms necessary to list property
on the Brookings Local Register of Historic Places, pursuant to Brookings City Ordinance
No. 09-03 adopted by the City in 2003. Sections 10-101 to 10-130 of the Ordinances
provides the statutory authority to create a Local Register. A Local Register will afford
considerably more legal protection to Brookings’ historic resources than previously
provided.
BHPC staff, through the assistance of state staff and regional and national preservation
colleagues, developed a draft process and documents to list properties on a Local
Register. The BHPC received supplemental grant funds for a legal review of the final
process by Mr. Frank Gilbert, Attorney for the National Trust of Historic Preservation.
Mr. Gilbert also worked with the City and State in developing the revised Historic
Preservation Ordinance for Brookings from 2001-2003, in conjunction with the
statewide model ordinance project.
This project qualified for supplemental funds because it was identified as a priority in an
existing preservation plan. This project, Local Register of Historic Places Legal Process, is
identified in the Brookings Historic Preservation Plan under the “Historic Preservation
Ordinance” and “Neighborhood Preservation” sections as funding priorities and would
be the final step in completing the Brookings Historic Preservation Ordinance project.
The reason this project is a priority of the BHPC is that it will help in preserving
threatened properties. Listing property on a Local Register of Historic Places would
provide a review and approval process for changes to Brookings historic resources. It
would also provide the ability to stop demolitions and removals from a specific area.
The Central Residential Historic District is most recent example of a threatened area .
This is due to the Brookings County Commission’s interest in removing residential
properties for a courthouse expansion project.
The product requirements of the grant are to include a written application process to
include a detailed description and all appropriate documents (legal notices, petitions,
and forms, etc.).
Members reviewed and edited the following documents related to the Local Register of
Historic Places. It was noted that the listing process for an individually listed property
and a district are very different and involve different documents. Mr. Gilbert submitted
a list of suggested corrections for the members to consider in the review.
Individual Property Listing:
(Ordinance 9:03 Section 10-101 to 10-115)
1. Application
o By owner, BHPC, Council or anyone
2. Notification Letter
o Mail notice to owner(s) 10 days prior to BHPC hearing
3. Legal Notice
o Publish legal notice of hearing 10 days prior to hearing
4. Staff Report
5. Designation Notification Letter
o BHPC Action: Resolution on nomination – meeting at least 1 specified criteria
o Mail notice of determination & report to owners within 10 days of action
Appeal
o Within 20 days of postmark of determination
o Final after 20 days
6. Report to City Council
o Provide report to City Manager for City Council consideration on findings and
significance.
7. Ordinance by City Council (if approved)
o City Council action:
o Action required within 60 days of receipt of report
o Public hearing
Notice to owners – 10 days prior
Legal notice published 10 days prior
o Options:
Accept report & designate
Reject report
Reject owners’ appeal against listing
Accept owners appeal against listing
Reject owners appeal for listing
Accept owners appeal for listing
8. Notice of designation
o Within 60 days of Council action
o Permanent marker developed & approved by BHPC is placed on or near
property
o City Clerk files original ordinance with Register of Deeds
o City Clerk notifies Brookings County Director of Equalization
9. Project Application
o Once a property is designated as an Individual Local Register Property, any
exterior remodeling or alternation, moving structures onto the property,
moving structures off the property, or demolitions, may require up to a 180
day delay for Commission review. If the Commission determines that the
proposed plans are inappropriate, the issuance of permits may be postponed
for a period not to exceed 180 days in order to allow the BHPC to meet with
the applicant and consult civic groups, public agencies and interested parties
to ascertain what the City may do to preserve such building.
10. Staff Report on Project Application
11. Sign Posting Notice
o Demo process
o Posting of signs
o Moving structures to area
o Approval
o Or, posting of signs & 180 day delay
o Alterations
o Application for changes
o Post sign w/n 7 days after application & posted up to 180 days or until
BHPC approval
District Listing:
(Ordinance 9:03 Section 10-116 to 10-129)
1. Application
2. Survey Letter & Response Card
o All property owners of area / have been contacted & evidence is provided
there is interest
o City Council forms local historic district study committee
o 7 members - BHPC, property owners & interested citizens
o Investigate & make recommendations complying with criteria
3. District Committee’s Initial Report of Findings
o District Committee reports initial findings to BHPC, Planning commission &
State Historical Society Board of Trustees for recommendations
4. Legal Notice / Public Hearing
o 60 days after initial report of findings – public hearing on district
o Notices to all owners
o Legal notice (not stipulated)
o Consult with BHPC
5. District Committee’s Final Report
o Submit final report to City Council with recommendations & proposed
ordinance
6. Hearing Notification to Owners
7. Legal Notice
8. Ordinance (if approved)
o City Council action:
o Within 60 days
o May holding hearing to approve ordinance
o Must notify all owners 10 days prior to hearing
o Publish legal 10 days prior
o Notice of determination
o If approved – Council must establish a local district commission who is the
BHPC
9. Notice of Determination
10. Application for Certificate of Appropriateness
o Local District Commission
o Review applications & plans for the following:
Exterior features – architectural style, general building design
Windows, doors, fixtures, signs & other appurtenant features
NO INTERIORS
o Use Sec of Interior Standards for Rehab as guidelines for basis
o Hold hearings
o Give notice by mail to everyone within 250 feet of property – notify
bhpc of concerns
o May hold public hearing
Notice 10 days prior
o Issuance of Certificate of appropriateness
Approvals – notify immediately
Fails to act in 45 days, deemed approved
Denials – record of reasons & notify applicant.
Maintain record in city clerk
Appeal to circuit court
11. Initial COA Staff Report / Committee Report
12. Staff/Committee Report Recommend to APPROVE
13. Staff/Committee Report Recommend to DENY
14. Sample Commission Agenda & Minutes
15. Sample Motions & Agenda Statements
16. Determination Letters (3)
A. Approval
B. Approval, with conditions
C. Denial
17. Violation Notification
The following training materials and other supporting documents were provided to the
members in their Local Register Manuals:
1. Current BHPC Bylaws
2. Q & A on Local Register Program
3. “Maintaining Community Character: How to Establish a Local Historic District”
(National Trust Bulletin)
4. “Design Review in Historic Districts” (National Trust Bulletin)
5. “Training for Members of Historic District Commissions” (MainStreet News,
March 1988)
6. “Regulating New Construction in Historic Districts (National Trust Bulletin)
7. “A Letter to George: How to keep the preservation commission out of court and
avoid being sued”
Thornes identified the next steps needed in the Local Register process:
#1: Design Guideline Development
Request Grant Funding in 2010
Develop RFP
This is critical next step. Secretary of Interior Standards for Rehabilitation
are not specific enough for COA decision making. This document will be the
key to help district commission determine those decisions. SIS not specific
enough
This will serve as the baseline document. District specifics on character
defining features as districts are established will be inserted into this
document.
Hire professional consultant
#2: Develop Commission Handbook/Rules of Procedure
o Rules of procedures must be developed to include protocols, meeting
standards, and consistent application of the rules. Rules must be consistent
with authority granted by ordinance. Decisions must be based on criteria
and standards set by ordinance and in writing.
o Possibly do in-house with consultation with various entities
#3: Staff & Member Training
o Request Grant funding in 2010 & 2011
o Develop overall strategy for immediate and long term training
o Membership development – seek professional members
o Seek professional guidance / consultant for training
o Needs:
o Immediate for fledgling board & staff
o Ongoing program development - annual
o New member training
o Training Options
o SHPO staff for basics on character defining features
o National Trust (Better Boards)
o National Alliance of Preservation Commissions (“Camp” & Annual
conferences)
o Professional Consultant / onsite training
o Regional expertise
o Deadwood staff
o Iowa City staff
#4: Determination of Internal Processes / Policy Decisions
Staff review (determine what, if any, decisions staff can make on general
applications)
Committee Review (determine if the Commission wants to establish a review
committee)
Boundary Determinations
#5: Local Support / Public Informational Materials & Events
o BHPC host neighborhood meetings
o Presentations to service organizations and other interested parties
o Develop website information
#6: Identify Administrative Issues
o Identify all staff involved in Local Register process.
o Develop timeline and checklists for all actions to ensure timely responses to
applicants.
o Identify all other city government partners in the process and work towards
clear communication with all parties (City Manager, Community
Development, Director of Equalization).
ACTION: A motion was made by McCollough, seconded by Gritzner, to approve all
Local Register of Historic Places documents with the corrections as noted by Mr. Frank
Gilbert, Attorney, National Trust, for final submittal to the State Preservation Office.
All present voted yes; motion carried.
Announcements/Correspondence/Communications.
Thornes and Bibby will be attending the National Trust Conference in Nashville, TN the
week of October 12th and will provide a report of the conference at the November BHPC
meeting.
Calendar
Oct. 13-17, 2009 National Trust for Historic Preservation Annual Conf – Nashville, TN
July28-Aug 1, 2010 National Alliance of Preservation Commissions – Forum 2010 – Grand Rapids MI
Oct. 26-30, 2010 National Trust for Historic Preservation Annual Conf – Austin, TX
Meeting adjourned at 6:15 p.m.
Submitted by Shari Thornes