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PrattvilleHPC BylawsPage 1 of 4 Prattville Historic Preservation Commission Rules of Procedure and Bylaws Adopted September 24, 2020 1. Purpose and Powers The purpose and powers of the Historic Preservation Commission (HPC or commission) of the City of Prattville, Alabama, are those set forth in Title 11, Chapter 68, Code of Alabama 1975, as amended, and those powers and duties delegated to the HPC by the City Council of the City of Prattville Alabama, in accordance with the state enabling law, including: a. Enforcing state or local legislation for the designation and protection of historic resources b. Maintaining a system for survey and inventory of historic properties c. Providing for adequate public participation in the historic properties d. Reviewing National Register nominations through a qualified local commission 2. Officers and Their Duties a. The officers of the Board shall consist of a Chairman, a Vice-Chairman, and a Secretary. The Vice-Chairman shall also be the parliamentarian and be knowledgeable in Roberts Rules of Order. b. The Board shall elect its Chairman and Vice-Chairman from among the members. The term of office of the Chairman and Vice-Chairman shall be one year or until a new officer is duly elected, with eligibility for reelection. Officer elections shall be held during the first meeting of each year, and the new officers will begin their office at the next meeting after their election. c. In the event the Chairman resigns or is no longer able to continue the office for any reason, then the Vice-Chairman shall fill the unexpired term of the office of Chairman and the HPC shall elect a new Vice-Chairman for the remainder of the unexpired term of Vice-Chairman. d. The Chairman shall preside at all meetings and hearings of the HPC and shall decide all points of order or procedure and perform any duties required by law, ordinance, these rules, or the HPC. The Chairman shall have the authority to appoint and charge any committees as necessary. The Vice-Chairman shall preside in the absence of the Chairman. In the event that neither the Chairman nor Vice-Chairman is present or is unable to act, an Acting Chairman shall be chosen from among the members present for that meeting. e. The Secretary of the Board shall be the Director of the Planning and Development Department, or a staff member as designated by the director. The Secretary shall keep the minutes and records of the HPC, prepare the agenda of meetings with the Chairman, provide and arrange notice of meetings, attend to correspondence of the HPC, and to other duties as are normally carried out by a Secretary. 3. Meetings a. Typical meeting dates and times shall be on the fourth Thursday of the month at 4:30pm, at Prattville City Hall in the council chambers. Additional meetings may be scheduled by the Page 2 of 4 Chairman as needed. If meetings need to be rescheduled for holidays or other events, the new date and time shall be duly posted. b. Five members shall be a quorum for the conduct of official business. The business of the HPC shall be transacted by a majority vote of members present, except as specifically otherwise provided by the statute, ordinance, or these rules. c. The HPC shall follow the rules contained in the current edition of Robert’s Rules of Order in cases they are applicable and not inconsistent with these rules, or other applicable rules, regulations, or laws. d. The order of business at regular meetings should generally follow the order stated below, but may be changed at the discretion of the Chairman: i. Call to order ii. Roll call and establishment of a quorum iii. Approval of minutes of previous meeting(s) iv. Committee reports v. Old business vi. New business, including any public hearing required with each agenda item. vii. Other and miscellaneous business viii. Adjournment e. Presentation of items should generally follow the order stated below, but may be changed at the discretion of the Chairman: i. The Chairman calls for the next agenda item ii. The City Planner or designee provides a summary of the request iii. The applicant or petitioner presents his or her request and provides information in support of the application, and answers any questions from the HPC iv. If a public hearing is needed, the Chairman will ask for anyone present who would like to provide input regarding the request v. The HPC members may discuss details and issues raised, and may ask questions of the applicant, city staff, or other parties vi. The Chairman will call for a motion regarding the request to be read and a second, and the Chairman may ask if further discussion is needed vii. The vote will be called, and the Chairman announces the result f. Meeting Decorum i. Speakers shall observe the commonly accepted rules of courtesy, decorum, dignity, and good taste. All comments, questions, or remarks shall be addressed to the Chairman or the HPC as a body and not to members of the audience or the petitioner. Interested parties or their representatives may address the HPC by written communications, a copy of which shall be provided to the Secretary either before or during the meeting. ii. Those wishing to speak for or against the petition will be allowed to do so during the public hearing, provided that the Chairman has the discretion to rule out of order any abusive or irrelevant statements. At the discretion of the Chairman, a speaker may address the HPC a second time, but only after all others have been given an opportunity to speak. iii. The Chairman reserves the right to require an individual wishing to speak on behalf of another person, group, or entity to provide written authorization from the person, group, or entity being represented. Page 3 of 4 g. Notice of meetings or actions of the HPC shall be performed as specified in Title 11, Chapter 68 of the Code of Alabama 1975, as amended, and/or as required by the Alabama Open Meetings Act. The Secretary may employ supplemental notification procedures (yard signs, electronic notification, etc) to ensure that interested parties are aware of pending cases, but the failure of any such supplemental notification procedures shall not invalidate any lawful action or decision of the HPC. 4. Conflicts of Interest and Member Conduct a. In the case a commission member has a direct personal interest, pecuniary interest, or other conflict, the member shall recuse himself or herself and not participate in the case. b. Members are advised not to discuss pending cases with members of the public outside of the public meeting, and if attempted ex parte contact persists, the member should disclose such contact at the HPC meeting. Any written material received by members shall be given to the Secretary for incorporation into the files. c. HPC members shall avoid all improper conduct and the appearance of impropriety including showing bias for or against a petitioner, individual, or group, or criticizing the vote or comments of any member of the HPC. 5. Designation of Historic Properties or Historic Districts Designating historic properties and historic districts within Prattville shall be performed as specified in Title 11, Chapter 68 of the Code of Alabama 1975, as amended, specifically: a. The HPC shall not recommend designation of an historic property or historic district unless such recommendation is based on a finding of a survey of such property or district conducted by or for the commission in accordance with the rules and regulations of the Alabama Historical Commission. b. The commission shall not recommend designation of an historic property or historic district unless it finds that the building, structure, site, or district is identified with or represents a significant aspect of the cultural, political, economic, military, or social history of the locality, region, state, or nation or has had a significant relationship with the life of a historic person or event, representing a major aspect of the history of the locality, region, state, or nation, or if a part of the historic, architectural, archaeological, or aesthetic heritage of the locality, region, state, or nation. In the case of an individual building or structure, the commission may recommend designation as an historic property if the commission finds that the building or structure is an example of an architectural style, or combination of architectural styles, which is representative of the municipality creating the commission or which is unique to that municipality. In the case of a district, the commission may recommend designation as an historic district if the commission finds that the district contains vernacular structures which contribute to an overall character and sense of place which is representative of the municipality creating the commission. c. Before the commission shall recommend the designation of an historic property or historic district, it shall hold a public hearing on the proposed recommendation of historic designation to be held at a time and place, and pursuant to such notices specified in the ordinance creating the commission, including, but not limited to, publication of notice within a newspaper of local circulation, and posting of notice on a bulletin board at City Hall that is accessible to the public. d. In addition to the notice of the public hearing required pursuant to subsection (c), all owners of property to be included in the proposed historic designation, as such owners are identified in the relevant property tax rolls, if such owners can be found on reasonable inquiry, shall be notified by mail of the public hearing to be held by the commission on the proposed recommendation of historic designation. Page 4 of 4 e. Upon the designation of any historic property or historic district by the City of Prattville, pursuant to an ordinance enacted pursuant to state code, the HPC shall give notice in writing of that designation to all agencies of the City, and to all owners of property included in the historic designation. 6. Amending and Review of Rules a. Amendments to these rules shall require the affirmative vote of six members of the HPC. b. The HPC shall review these rules annually at the same meeting as officer elections.