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HomeMy WebLinkAboutBHPCMinutes_2017_02_09Brookings Historic Preservation Commission February 9, 2017 Minutes (amended) A meeting of the Brookings Historic Preservation Commission was held on Thursday, February 9, 2017 at 5:00 p.m. in City Hall. Members present: Leah Brink, Angie Boersma, Virginia James, Janet Merriman, Dennis Willert, Greg Heiberger, Janet Gritzner and Jessica Garcia Fritz. Les Rowland was absent. Chairperson Boersma called the meeting to order at 5:05 p.m. A motion was made by Merriman, seconded by Heiberger, to approve the agenda as amended moving item 6 before item 4. All present voted yes, motion carried. A motion was made by Merriman, seconded by James, to approve the January 12, 2017 minutes. All present voted yes; motion carried. DISCUSSION AND POSSIBLE ACTION TO RECOMMEND A RESOLUTION SETTING FORTH A SCHEDULE OF PROPOSED FINES FOR VIOLATIONS OF HISTORIC PRESERVATION ORDINANCES OF THE CITY OF BROOKINGS, SOUTH DAKOTA. Steve Britzman, Brookings City Attorney, drafted the Resolution establishing fines for Historic Preservation ordinance violations. However, he noted that the $100 fines were arbitrarily determined. He would assume that for the Historic Preservation Ordinance to be effective there would need to be a larger deterrent than just a $160 fine. One approach would be the possibility of fines for multiple days of violation. Our ordinances and State law would allow for violations based on the number of days a violation continues. City ordinances permit fines for petty offenses, but no jail time. Currently, the city’s fee ordinance fine maximum is $200, with additional fines for continued offenses. An erroneous violation would not require court. The nature of an ordinance is to provide the public with a guideline, inform about any possible violations and provide an authority to enforce. If there is a violation, the city attorney will draft a complaint urging the party to comply. If after other resources have been exhausted and the violation continues, a case can be made in magistrate court and could go to trial. If there were a conviction on violations, the court would look to the city attorney to impose the fines. Other cities have fined noncompliance on a daily basis. Willert arrived 5:16 pm A certificate of appropriateness is included, covering any issue should it arise. An ordinance covers compliance, and then a resolution follows behind. The state review process is in the city ordinance, as well as Chapter 46 of the Municipal Code. However, it does not include the 11.1 Review Violation. Boersma asked about clarifying the fine/cost total. Britzman advised that for any single first violation, a $60 court fee would be given with most cases not paid outside the court system. An individual judgement can be given at each occurrence if it has a court appearance. Heiberger asked how the $100 fine is set and if it is an appropriate fee for a significant single violation and not multiple days. For example, a request to demolish structure and the party proceeds. What is the repercussion? Britzman advised that once the structure is gone, what damages would rectify situation - $200 day/# of days. Thornes asked if the maximum amount could be $500 for a demolition. Britzman advised that it could but would need to change overall authority in Chapter 2 and raise it to $500. If a party were out of compliance, the clock would start ticking after the party has been notified of the issues. Merriman asked about the maximum fine for a demolition with no remedy. Britzman advised $500 is the limit by state law. However, a value could be place on the demolition by the neighborhood association, which could turn it into a civil matter. Garcia Fritz arrived at 5:32. Boersma commented that pressing for a higher fine is not the last resort; there are other avenues to pursue. Thornes reported the fine violation review starts with the Commission, then moves to Engineering and then would need to be approved by the City Council. Thornes asked if a project has conducted an 11.1 review, but then it is altered from the plans without approval, what the repercussion is. Britzman would assume the ordinances would prohibit this conduct and projects must comply with the 11.1 recommendations. The ordinance should cover any possible conduct. The Sioux Falls case charts new territory for historic preservation. Willert advised an ordinance in Pennsylvania states projects must be put back the way it was. Heiberger asked if language would need to be added that demolition would imply a fine. Britzman advised not for this resolution, but it could be added to the chapter, which should read like a road map to education. If the contractor is aware of the violation, they could be fined. Thornes asked if the Commission pursues increasing maximum limit from $200 on fines, how this would affect other departments. Britzman advised that it would not have much impact since the fine schedule has not changed for a few decades, but the state law has changed. Boersma inquired if a project does not file for a building permit and does not have an 11.1 review, would it be a double fine. Britzman advised the fine needs to be appropriate and a reasonable objective. If the violations stem from the same conduct, it is not appropriate for multiple violations. Garcia Fritz asked if the ordinance differentiates between residential or commercial projects. Britzman advised the language in the ordinance includes commercial, residential, private or public. Britzman directed that if there is a project where a fine does not resolve the problem, there could be a practical remedy – move/restore the house. Civil complaints can be filed as well as fine violation. Boersma advised the next steps would be for the Commission to approve the recommended fine resolution and then it would go to the City Council for approval. Heiberger inquired if the fine schedule should have an index for inflation. Britzman advised the fine schedule should be set for what is appropriate now and the coming years. It can be updated from year to year as each department reviews it on an annual basis. A motion was made by Merriman, seconded by Brink, to approve the resolution setting forth a schedule of proposed fines for violations of historic preservation ordinances with an amendment to include failure to conduct an 11.1 review and a maximum violation for demolition. All present voted yes; motion carried. ACTION TO APPROVE THE 2017-18 GOALS AND OBJECTIVES Thornes advised the goals and objectives have not been prioritized. Once the goals and objectives have been adopted, it will set forth the schedule for the remainder of the year. A motion was made by Willert, seconded by James, to approve the 2017-18 Goals and Objectives and setting an urgency on the strategic planning date for prioritizing. All present yes; motion carried. Staff has contacted two potential facilitators for the BHPC strategic planning retreat: Monica Callahan, NAPC CAMP Trainer, and Betty Anne Beierle, former BHPC consultant and author of the Brookings Preservation Plan. One is not available to travel in summer. The grant will be expiring, which can be changed. The Commission will wait to see the state’s goals for year. The plaque installation is a high priority. Thornes asked if a facilitator could not be scheduled in May, would the Commission want to attempt a healthy discussion to reset the vision without a facilitator. There is a possibility to bring in two people from NAPC in addition to Callahan for constituency building. Rory Hayes has the legal baseline. The NAPC Conference is in Des Moines July 18-22, 2018. Brink left at 6:06pm. DISCUSSION REGARDING 2017-2018 GRANT INITIATIVES Once the 2017/18 goals are finalized, the Commission must identify its 2017/2018 grant request priorities. The Commission is required to conduct at least one public workshop and attend the annual state meeting. The annual funding application to the State Historic Preservation Office is due on March 31. Staff requests direction on prioritized projects at this meeting in order research options and prepare the application by the funding deadline. Thornes asked if a facilitator is booked, what the priority is. In the past, the Commission has offered an accredited realtor workshop through SHPO. Emilie Portz is the state accreditation specialist in Brookings. Possible workshops include funding/incentives for residents, digital medium for helping navigate funding, videos, and state schools want to become digital. The Commission is leaning towards public education – need buy-in, digital in archives. PROJECT/ISSUE UPDATES & REPORTS Public Education Committee March Property Owner Mailing; approval of brochure and letters The annual 11.1 informational mailing to all property owners living in the historic districts and individually listed properties, area contractors, and realtors will be delivered in March. The Public Education Committee is currently reviewing the materials and will finalize. The letter will notify property owners about the Central and University District plaques to be installed on their contributing structures. The Commission will finalize the materials by February 22 and the mailing will be sent before March 1. Educational Rubric Boersma has prepared a draft rubric to illustrate a successful 11.1 application and case report. The standard has been broken down to one idea per line. Members are to review and provide content. Homeowners will not complete the rubric, the Commission will. However, the rubric can be provided to the public as an example of the evaluation process. A glossary of terms was suggested. The rubric will be located on the website under supplemental 11.1 review information as well as in the paper packet. The City Attorney and SHPO need to review. Events/Special Projects 2017 Awards Program; approval of new guidelines, categories, and process New guidelines, application and press release for the revised Preservation Awards Program was presented for review. New categories and names of awards have been added, which tie to the Secretary of State’s standards for rehabilitation. Upon approval, the press release will be issued with nominations due back by the March meeting. Final action will be taken at the April meeting. A motion was made by Garcia Fritz, seconded by Willert, to approve the draft guidelines and categories with an amendment to remove the sustainability award. All present voted yes; motion carried. Heiberger left at 6:30pm Central and District Plaques; property owner contact and contractor/installation process One plaque will be installed and a photo will be in the historic district brochure. Draft schedule as follows:  February - Secure contractor (suggested Dave Miller)  March – Property owner mailing  April – FB & PSA announcements  April – Willert/Subcommittee contacting property owners to obtain permission and determine location  May – Willert/Subcommittee contacting property owners to obtain permission and determine location  May – Installations  June – Installation  July – close out grant May Preservation Month Activities At last month’s meeting, the Commission agreed to do the following activities for Preservation Month.  Brookings Register Column - Groups presenting at Green Drinks are also asked to provide a 600 word corresponding column for the Brookings Register. James will write article. Deadline to submit content is May 1.  Green Drinks - The BHPC has agreed to participate in the Sustainability Council’s monthly speaking and educational event called “Green Drinks.” Speakers provide a 10-minute presentation on sustainability issues with questions and answers. The BHPC is scheduled for Thursday, May 25 @ 6 p.m. Garcia Fritz will speak. Deadline to submit content & picture is May 1.  Historic Sites on Bikes; route and promotion – In addition to being historic preservation month, May is also biking month. The BHPC will collaborate again with the Brookings Bicycle Advisory Committee and Critical Mass, a group of local riders, do a one themed hour ride on Friday, May 26 @ 5:30 p.m. Confirm docent – Boersma. Same route as last year, but with additional information. o Identify route/theme o Deadline for content/details: March 15th Liaisons. 1) Comprehensive Master Plan Advisory Committee – Boersma and Garcia Fritz advised March is the next meeting to identify stakeholders. Stakeholder meetings have been scheduled on April 18-19. 2) Downtown Brookings Inc. (DBI) – Garcia Fritz advised that hired Larry Fuller has been hired to help with a needs assessment. Businesses downtown able to commit and fund. State Historic Preservation Office (SHPO). Thornes advised the Sioux Falls conference is April 27-29 and the statewide conference will be June 7-9 in Pierre. Staff needs to know who plans to attend soon. Garcia Fritz and Boersma may attend the Pierre conference. Staff. Grant amendment A grant amendment would be required to reallocate funds from the Passive Floor Restoration Workshop by Bob Yapp to a strategic planning event. If a facilitator is not secured by February, staff will need either to schedule a workshop with Yapp for early summer or find a different project for the funding. Revised meeting submittal deadlines Staff modified submission deadlines to 15 business days in order to provide adequate time to prepare a staff report and give the BHPC notice. There are many examples of much longer submittal timelines that ranged anywhere from 20 to 45 days. The meetings dates and submittal deadlines will be publicized in the 11.1 application and materials, commission agenda, annual property mailer, Facebook, website, and government channel. Brookings Historic Preservation Commission The Brookings Historic Preservation Commission’s purpose is to promote the inspiration, pleasure and enrichment of the citizens of Brookings and to identify, document, preserve, promote and develop the historical resources of the city. The powers and responsibilities of the Commission are set forth in SDCL 1-19B and City Ordinance, Chapter 46. The BHPC meets monthly on Thursdays at 5:00 p.m. in the Brookings City/County Government Center, 520 Third Street, Level 3, Room 300, unless otherwise indicated. Agenda submission deadline time is 5:00 p.m. that day. 2017 Meeting Schedule Meeting Date Submission Deadline February 9 January 19 March 9 February 16 April 13 March 23 May 11 April 20 June 1 May 11 July 13 June 22 August 10 July 20 September 14 August 24 October 12 September 21 November 9 October 19 December 14 November 23 Brookings County Jail expansion Informational – Staff has been contacted by Bruce Schwartzman, AIA l Partner l Architect BKV Group, regarding information on the historic preservation review process. BKV is designing the Brookings County Jail Expansion Project. Thornes has been in contact with the architect succeeding the County Commission meeting presentation. There is a compressed schedule with a March 2 public presentation. Currently, there is no setback from the lot line. The Commission needs to review a revised plan, and the city cannot issue a building permit without an 11.1 review process. Thornes will contact the architect regarding a phased submittal and contact SHPO. Commission Membership Last month the BHPC discussed increasing its size to full capacity of 10 members as allowed by ordinance and state law. After discussion, the Commission decided to remain at nine members and collaborate with volunteers for subcommittees. Commission Resources Staff is assembling Commission Member paper and digital meeting binders with 11.1 reference materials to include meeting order, draft rules of conduct, NPS Standards, State Administrative Rules, and standardized motions. The draft rules of conduct and procedures will be scheduled for review at the March meeting. Pending 11.1 Reviews  Armory  Brookings County Jail Expansion  8th Street bungalows owned by the SDSU Foundation  Carnegie/Brookings Arts Council; final flooring selection  311 Third Street, exterior modifications  306 Main Avenue, rear addition ANNOUNCEMENTS/CORRESPONDENCE/COMMUNICATIONS/CALENDAR  February 1 – Deadwood Grant Fund deadline  February 16 – City Annual Report Deadline  March 31st – National Park Service Funding Application Deadline  May – National Historic Preservation Month Gritzner announced St. Paul’s Episcopal Church would be celebrating their 100th year in 2018 and host walking tour on June 16, 2018. Thornes suggested an open street concept. Meeting adjourned at 7:02 p.m. Submitted by Laurie Carruthers