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Historic District Commission

Regular Meeting

Manistee, MI · January 3, 2013

AgendaMinutes

Minutes

HISTORIC DISTRICT COMMISSION Council Chambers, City Hall 70 Maple Street Manistee, MI 49660 MEETING MINUTES January 3, 2013 A Meeting of the Manistee City Historic District Commission was held on Thursday, January 5, 2013 at 3:00 p.m. in the Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan. Meeting was called to order at 3:04 p.m. by Chair Kracht. ROLL CALL: Members Present: Dave Carlson, Teena Kracht, John Perschbacher, Mary Russell Members Absent: Maria DeRee (excused) T. Eftaxiadis (excused), Jeremy Loveless (excused) Others: Jeff Gordon (411 River Street), Mark Fedder (Manistee County Historical Museum) and Denise Blakeslee (Planning & Zoning) APPROVAL OF AGENDA: MOTION by Dave Carlson, seconded by John Perschbacher that the Agenda be approved as prepared. With a voice vote this motion passed unanimously. APPROVAL OF MINUTES: MOTION by John Perschbacher, seconded by Mary Russell that the Minutes of the December 6, 2012 Meeting be approved as written With a voice vote this motion passed unanimously. NEW BUSINESS: By Law Review According to the By-Laws of the City of Manistee Historic District Commission shall annually review their By- Laws at the regularly scheduled meeting in January. No changes were made City of Manistee Historic District Commission Meeting Minutes January 3, 2013 Page 1 OLD BUSINESS Close out permits Members of the Historic District Commission reviewed photographs of the various buildings with outstanding permits. Many permits had expired. The Commission took action as follows: 334 River Street – James and Susan Matthews PHDC09028 - Remove the east entrance and install a garage door; Removal of the existing window and replace with an entrance door. Permit Expired 1/7/11 Garage Door installed, Entrance Door has not been installed PHDC10012 - Demolition of a portion of the building as submitted with application HDC-2010-12 Permit Expired 9/22/11 Demolition has taken place PHDC10020 - Facade improvements to rear of building with the following details noted: Windows will be 6 over 6 or 6 over 1; Windows installed 6 over 1. Double windows installed on west side of building were not as shown on application. The privacy wall will reuse the existing 5 feet of concrete and 3 feet of existing brick. The step wall will reuse existing brick. In the event that a portion of the wall needs to be rebuilt then the applicant will need to come back to the commission for approval of finish materials; Work on Wall is not complete; appears as if step wall has been removed. City of Manistee Historic District Commission Meeting Minutes January 3, 2013 Page 2 The proposed egress door on the west side of the building and two doors on the riverwalk will be six panel steel security doors; Two six panel steel security doors door installed on Riverwalk, does not appear that a door was installed on the west side of the building Need to verify that doors were installed as submitted with application The corrugated galvanized siding is to be painted within one year of installation; Need to follow up with applicant The egress doors on the two decks will either be glass doors with grids as submitted with the application or a six panel steel security door; Need to verify door installed on the North side of building The Shed/pool will have French doors with girds as submitted with the application; Need to verify The shed/pool addition with skylights will be acceptable as submitted with a reduction in the roof pitch as recommended by the Commission. Skylights were not installed Permit Expired 9/22/11 PHDC12-015 - French Door & Balcony with 4’ x 10’ deck on NE Corner of the rear of the building Verify installed as submitted with application. PHDC12-016 - Replace Skylight Does not appear to have been done MOTION BY Dave Carlson, seconded by John Perschbacher that due to the complexity of the project the Commission will need to do a complete on-site inspection of the project to verify compliance with applications. Will try to schedule an inspection with the owner in the spring when the weather is better. All permits will be extended until December 31, 2013. Motion passed unanimously. 335 River Street - Michael Cnudde PHDC12-007 - Remove plywood, furring strips and tile from upper façade and brick columns on either side of the storefront, repair, repoint, and paint all brick masonry following recommendations from the Design Specialist, State Historic Preservation Office; Reconstruct wood cornice with brackets; Install projecting sign (signage will be approved by Museum Director when applicant wishes to install a sign); Install wood panels and trim on any areas of the storefront exposed by removing the plywood and tile; Remove “bath tile” and paint brick to match upper brick; Any changes to the windows or door will require approval from the Historic District Commission During renovation it was discovered that there was not brick behind the plywood and tile. Kelly Larson, Design Specialist from the State Historic Preservation Office was in town when it was discovered and she revised plans which were presented to the Emergency Review Committee. On October 12, 2012 the Emergency Review City of Manistee Historic District Commission Meeting Minutes January 3, 2013 Page 3 Subcommittee approved the following revised Façade Improvements for 335 River Street as follows:  Install wood panels and trim (simple design, not overly elaborate or detailed) on any areas of the storefront exposed by removing the plywood and tile.  Height of recessed entrance to extend up to original ceiling height (just below cornice) repair wood ceiling as needed.  All other recommendations for the façade outlined in the design services package (dated May 15, 2012) are to remain. As shown on Revised Façade Improvements plan dated 10/4/12. Applicant did not recess the entrance, wood panels and trim were not installed as shown on the application; adhesive from the “Bath Tile” was not removed before the building was painted. Commission asked that Jon Rose follow up with the applicant on the status of the project. 347 River Street - Paula Rozmarek PHDC08032 - For Ledge Reconstruction on the front exterior of the building at 347-349 River Street as submitted with application. On 6-2-11 HDC approved Extension – Permit Expired 6-2-12 PHDC09014 – Remove red planks from exterior, exposing historic store front; Remove cement tiles and expose deck of historic window displays; Reconstruct the window frames and store front matching the historic details found behind the current facade. The Museum Director will oversee the project and if needed refer any issues back to the Commission; Following Historic Preservation Brief #2 - Repointing Mortar Joints in Historic Masonry Buildings tuck point the bricks on the building front, using lime mortar. If any bricks need to be replaced, original bricks from building will be used; Any paint removed shall be removed following Historic Preservation Brief #1Assessing Cleaning and Water-Repellent Treatments for Historic Masonry Buildings; The Historic District Commission will allow the wood oak trim to be stained and varnished BUT STRONGLY ENCOURAGE use of pigmented finish (paint). Paint Color and Stain Colors to be approved by the Museum Director. On 6-2-11 HDC approved one year Extension – Permit Expired 7-10-12 PHDC11009 - Request to remove existing store entrance, maintaining historical elements that exist, reconstruct the door frame to match the historical details found within the building. Door will swing out in accordance with current building code (request the option to deploy a single 8’ wood door oak - or - install double doors similar to that found within the historical photograph, wood trim to be stained and varnished) as submitted with application HDC-2011-09. Permit expired 6-6-12 Jeff Gordon spoke to the Commission about the project and how they intend to finish the work MOTION by John Perschbacher, seconded by Mary Russell to extend all three permits until December 31, 2013. Motion passed unanimously. City of Manistee Historic District Commission Meeting Minutes January 3, 2013 Page 4 381 River Street - Vogue Theatre PHDC10022 - Façade Stabilization East Wall - Permit Expired 12-6-11 This was an emergency repair to the building that was completed. MOTION by Mary Russell, seconded by Dave Carlson to issue a Certificate of Compliance for Permit PHDC10022. Motion passed unanimously. PHDC11013  East Façade – approved the proposed changes to the East Façade of the Vogue Theatre, 383 River Street as submitted with application HDC-2011-13 with the conditions that the Round Medallions be re-used or replicated; that the Stucco - Exterior Insulation Finish System be applied retaining shadow line – review of these elements will be handled by Museum Curator Steve Harold. If Mr. Harold has any concerns he is to contact SHPO.  Roof – approved the replacement of the roof as submitted with application HDC-2011-13.  South Façade – approved the proposed modifications to the South Façade of the Vogue Theatre, 383 River Street as submitted with application HDC-2011-13.  West Façade - approved the proposed modifications to the West Façade of the Vogue Theatre, 383 River Street as submitted with application HDC-2011-13 with the condition that Museum Curator Steve Harold will be able to approve a change in the number of windows if necessary. PHDC11017 - Façade modifications as submitted with Application HDC-2011-17 with the condition that the current entrance doors be stored for potential re-use. PHDC120003 - Signage for the Vogue Theatre as submitted with application HDC-2012-03 MOTION by Dave Carlson, seconded by Mary Russell that due to the complexity of the project the Commission will need to do a complete on-site inspection of the project to verify compliance with applications. Will try to schedule an inspection with the owner in the spring when the weather is better. All permits will be extended until December 31, 2013. Motion passed unanimously. 387 River Street - Ed Kriskywicz PHDC07020 - Replace trim as described by the applicant and repainting the building the existing color as submitted with application HDC-2007-20. Permit was issued in 2007; two extensions were granted by the Commission- permit expired 3-3-12 Requests of this nature can be handled under Routine Repair and Maintenance by the Museum Director. Permit will be closed out and if the applicant wants to do the project the Museum Director can authorize the work. MOTION by John Perschbacher, seconded by Mary Russell to close out the permit. Motion passed unanimously. City of Manistee Historic District Commission Meeting Minutes January 3, 2013 Page 5 395 River Street - Jim Pawlowski PHDC12002 - Remove Reusch sign; remove sign panel to reveal six original transom windows; remove panel under main window to reveal existing tile; remove entryway carpet to reveal existing tile floor as submitted with application HDC-2012-02. MOTION by John Perschbacher, seconded by Mary Russell that with the exception of the removal of the entryway carpet the application is complete. Will wait to issue Certificate of Appropriateness until after the carpet is removed. Motion passed unanimously. 401 River Street - ISO Grand Rapids PHDC10011 - Air Conditioner screening as submitted with application HDC-2010-11 and allow an increase in size of the screening to accommodate trash receptacles not to exceed past the third tier of the retaining wall. Permit Expired 6-10-11 Screening has not been installed MOTION by Dave Carlson, seconded by Mary Russell to Close out the permit. Motion passed unanimously. 411 River Street - Jeffrey Gordon PHDC09015 – East Elevation - On 6-2-11 HDC Approved Certificate of Compliance for East Elevation Work ONLY South Elevation: Remove existing deck and deck roof; Rebuild deck to be similar in size, eliminating deck roof with final approval of design by the Museum Director and that the deck be finished with pigmented finish within one year of completion. On 6-2-11 HDC approved one year Extension – Permit Expired 7-9-12 MOTION By John Perschbacher, seconded by Mary Russell that since the original Application July 9, 2009 did not include a drawing/sketch of how the proposed deck was to look. The Commission will close out the permit. Applicant will need to reapply and include the elevation/drawing for the deck as required by the Building Inspector for permit approval. Motion passed unanimously. City of Manistee Historic District Commission Meeting Minutes January 3, 2013 Page 6 PHDC10016 - Replace the upper level windows on the rear of the building with Anderson double-hung windows. On 6-2-11 HDC approved one year Extension – Permit Expired 8-5-12 MOTION by Mary Russell, seconded by Dave Carlson that the Upper Story Windows have been replaced; Commission authorized the issuance of a Certificate of Compliance for Permit PHDC10016. Motion passed unanimously. (see photo page 6) PHDC10015 - Remove bay windows on east side of building and replace with commercial grade windows supplied by Glass Specialties. On 6-2-11 HDC approved one year Extension – Permit Expired 8-5-12 Bay windows removed, openings have been prepared, windows have not been installed PHDC10018 - Installation of a new Wood Door on the East Side of the Building as submitted with application or a door with vertical panels as approved by Steve Harold can be used. HDC Approved amendment on 5-5-11 by adding: A 10" Limestone window heading jam for each opening; A 5" limestone window sill at the base of each opening; That either a 4" or 5" limestone, wood or brick vertical on each side of the opening. Final approval for the proportions of the vertical will be approved by the Museum Director. On 6-2-11 HDC Approved one year Extension – Permit Expired 8-5-12 Opening has been modified; door and window have not been installed PHDC11003 - Replace the front door on the west side of the building that leads to the upstairs. In the event that Mr. Gordon’s supplier can find a door with a glass panel final approval can be granted by the Museum Director or Curator for approval. Permit Expired 5-5-12 Door has not been installed City of Manistee Historic District Commission Meeting Minutes January 3, 2013 Page 7 PHDC11005 - Request to replace the windows in the upper front of the building; with the option to use a full arch upper sash if available. MOTION by Mary Russell, seconded by Dave Carlson that the windows have been replaced in accordance with the application; Commission authorized the issuance of a Certificate of Compliance for Permit PHDC11005. Motion passed unanimously. PHDC11006 - Remove existing non-historical ledge and reconstruct a new ledge to match the documented historical ledge. Permit expired 6/6/12 Work has not begun. PHDC11007 - Request to remove existing non-historical features and reconstruct the window frames and storefront matching the historical details found behind the current façade and expose the main entry columns hidden behind the current front. Permit expired 6/6/12 Work has not begun. PHDC11008 - Remove existing store entrance, maintaining historical elements that exist, reconstruct the door frame to match documented historical doors with the option to use either a double or single door. Permit expired 6/6/12 Work has not begun. PHDC12001 - Replace the existing metal main entrance door with a historically accurate wooden double door. Work has not begun – permit will expire 3/7/13. Mr. Gordon spoke to the Commission on his plans for the project and that they will continue working on the various elements. With the exception of reconstructing the store entrance most should be completed by the end of next year. The Commission said that they would grant an extension for the store entrance if needed. MOTION by Dave Carlson, seconded by Mary Russell to extend all outstanding permits until December 31, 2013. Motion passed unanimously. City of Manistee Historic District Commission Meeting Minutes January 3, 2013 Page 8 449 River Street - United Way PHDC11012 - Storefront Window/Door Replacement with Barrier Free Entry Modifications; West Elevation Window Modifications. Permit expired 7/7/12 Storefront Window/Door Replacement with Barrier Free Entry Modifications have been completed. West Elevation Window Modifications has not been completed. MOTION by John Perschbacher, seconded by Dave Carlson that a Certificate of Compliance will be issued for the Storefront Window/Door Replacement with Barrier Free Entry Modifications. If the applicant wants to proceed with the West Elevation Window Modifications they will need to submit a new application. Motion passed unanimously. 95 Maple Street -Library PHDC11011 - Reconstruct retaining wall as submitted with application HDC-2011-11 Motion by Mary Russell, seconded by John Perschbacher that the Retaining wall has been reconstructed as submitted with application; Commission authorized the issuance of a Certificate of Compliance for Permit PHDC11011. Motion passed Unanimously. City of Manistee Historic District Commission Meeting Minutes January 3, 2013 Page 9 101 Maple St – Ramsdell Theatre PHDC11001 Installation of a bulletin box, non-illuminated next to the First Street entrance. Permit expired 3/7/12 Not installed MOITON by John Perschbacher, seconded by Mary Russell that the permit be closed. Motion passed unanimously. 50 Filer Street – Gerstner (Briny Inn) PHDC12006 - Window Replacement two windows on East Corner facing Filer Street (MRA Offices) MOTION by Dave Carlson, seconded by John Perschbacher that the windows have been replaced as submitted with application; Commission authorized the issuance of a Certificate of Compliance for Permit PHDC12006. Motion passed Unanimously. 431 River Street - Shari Wild PHDC11018 – Historic District Commission authorized the Museum Staff to approve the request from Sheri Wild, 431 River Street for a Sun Setter Awning to be installed over the exterior basement stairway on the Oak Street side of the building to be used to prevent water from flooding the basement during rain events and retracted during good weather with the condition that the awning be maintained in good working order or removed. This motion is being made because the awning will be located on a secondary street (Oak Street) not the front façade of the building (River Street). Permit expired 12/13/12 MOTION by John Perschbacher, seconded by Mary Russell to close out permit. Motion passed unanimously. PHDC09007 – screening of an Air Conditioner as submitted with Application HDC-2009-07 with the condition that the enclosure be constructed with painted wood lattice using a diagonal pattern with final approval by the Museum Director. Permit expired 5/8/09 MOTION by Dave Carlson seconded by Mary Russell to close out permit. Motion passed unanimously. PUBLIC COMMENTS AND COMMUNICATIONS CONCERNING ITEMS NOT ON THE AGENDA Jeff Gordon spoke to the Commission about getting information out to the property owners, MSDDA Grant funding available, buildings in need of repair, brick/window issues on various buildings. City of Manistee Historic District Commission Meeting Minutes January 3, 2013 Page 10 CORRESPONDENCE None STAFF REPORTS Travis Alden, DDA/Main Street Director – was unable to attend the meeting, but sent an email to update the commission as follows: There's really not much to report, except that I haven't seen anything from Joe Mathewson. I spoke with Mark Fedder right before Christmas and he hadn't received any applications either. Also, the MSDDA decided to basically keep the façade grant program unchanged (still 50/50 match, still max of $5,000 per building, signage still eligible, etc.) but did approve the "housekeeping" updates such as requiring HDC approval prior to application etc. Mark Fedder, Museum Director - Issued permits for:  Briny Inn, 50 Filer Street - for rehabilitation of two existing free standing signs Directory Signs including cleaning and painting as submitted with application on file Issued Permit PHD12-022  Lighthouse Group – Manistee Abstract, 63 Maple Street – for wall sign and awning Issued Permit PHD13-001 Closed out permits for:  Gardner Building 431 River Street - Sign  Briny Inn, 50 Filer Street - Directory Signs MEMBERS DISCUSSION Commissioner Perschbacher wanted to thank Commissioner Eftaxiadis for the information on the building in Grand Rapids that he forwarded. The Next meeting of the Historic District Commission will be on Thursday, February 7, 2013 at 3:00 p.m. in the Council Chambers, City Hall, 70 Maple Street. ADJOURNMENT: MOTION by John Perschbacher, seconded by Mary Russell that the meeting be adjourned. Motion passed unanimously. MEETING ADJOURNED AT 4:20 P.M. MANISTEE HISTORIC DISTRICT COMMISSION __________________________________________ Denise J. Blakeslee, Recording Secretary City of Manistee Historic District Commission Meeting Minutes January 3, 2013 Page 11

Agenda

MANISTEE CITY HISTORIC DISTRICT COMMISSION Meeting of Thursday, January 3, 2013 3:00 p.m. - Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan AGENDA I Call to Order II Roll Call III Approval of Agenda At this time the Historic District Commission can take action to approve the January 3, 2013 Agenda. IV Approval of Minutes At this time Historic District Commission can take action to approve the December 5, 2012 meeting Minutes. V New Business By Law Review According to the By-Laws of the City of Manistee Historic District Commission shall annually review their By-Laws at the regularly scheduled meeting in January. At this time the Historic District Commission could take action to make changes to their By-Laws if necessary. VI Old Business Close out Permits Members of the Historic District Commission will review outstanding permits. VII Public Comments and Communications concerning Items not on the Agenda At this time the Chair will ask if there are any public comments. VIII Correspondence 1 At this time the Chair will ask if any correspondence has been received to be read into the record. IX Reports Main Street/DDA Director Museum Curator Museum Director Community Development Director X Members Discussion At this time the Chair will ask members of the Historic District Commission if they have any items they want to discuss. XI Worksession XII Adjournment 2 HISTORIC DISTRICT COMMISSION Council Chambers, City Hall 70 Maple Street Manistee, MI 49660 MEETING MINUTES December 6, 2012 A Meeting of the Manistee City Historic District Commission was held on Thursday, December 6, 2012 at 3:00 p.m. in the Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan. Meeting was called to order at 3:10 p.m. by Chair Kracht. ROLL CALL: Members Present: Dave Carlson, T. Eftaxiadis, Teena Kracht, John Perschbacher Members Absent: Maria DeRee (excused), Jeremy Loveless (excused), Mary Russell (excused) Others: Joe Mathewson, 339 River Street, Roger T. Hall, Jon Rose (Community Development), Travis Alden (Main Street/DDA Director), Mark Fedder (Manistee County Historical Museum,) and Denise Blakeslee (Planning & Zoning) APPROVAL OF AGENDA: MOTION by Dave Carlson, seconded by T. Eftaxiadis that the Agenda be approved as prepared. With a voice vote this motion passed unanimously. APPROVAL OF MINUTES: MOTION by John Perschbacher, seconded by Dave Carlson that the Minutes of the November 1, 2012 Meeting be approved With a voice vote this motion passed unanimously. City of Manistee Historic District Commission Meeting Minutes December 6, 2012 Page 1 NEW BUSINESS: Election of Officers 2013 According to the By-Laws of the City of Manistee Historic District Commission their annual election of Officers is held at the December Meeting for the following year. Chair At this time the meeting was turned over to Jon Rose who asked for nominations for the Position of Chair. T. Eftaxiadis nominated Teena Kracht for the position of Chair Nominations were asked for three times. There being no further nominations, nominations were closed. With a roll call vote, Teena Kracht was elected Chair of the Historic District Commission for 2013, 4 to 0. Yes: Perschbacher, Carlson, Eftaxiadis, Kracht No: None Jon Rose turned the meeting over to Chair Kracht. Vice-Chair Chair Kracht asked for nominations for the Position of Vice-Chair. T. Eftaxiadis nominated John Perschbacher for the position of Vice Chair Nominations were asked for three times. There being no further nominations, nominations were closed. With a roll call vote, John Perschbacher was elected Vice - Chair of the Historic District Commission for 2013, 4 to 0. Yes: Eftaxiadis, Perschbacher, Carlson, Kracht City of Manistee Historic District Commission Meeting Minutes December 6, 2012 Page 2 No: None Appointment of a Recording Secretary 2013. At this time the Historic District Commission will appoint a Recording Secretary to handle the administrative functions of the office. Motion by T. Eftaxiadis, seconded by John Perschbacher that Denise Blakeslee be appointed Recording Secretary for the Historic District Commission for 2013. With a roll call vote, Denise Blakeslee was appointed Recording Secretary of the Historic District Commission for 2012, 4 to 0. Yes: Carlson, Perschbacher, Eftaxiadis, Kracht No: None OLD BUSINESS None PUBLIC COMMENTS AND COMMUNICATIONS CONCERNING ITEMS NOT ON THE AGENDA Joe Mathewson, 339 River Street – Mr. Mathewson is ready to begin renovation the exterior of his building at 339 River Street. Mr. Mathewson introduced Roger T. Hall who would be assisting with the project. Mr. Mathewson had contacted Ms. Blakeslee about the project, after discussing the project with her she suggested he contact Travis Alden, Main Street/DDA Director to see if there were any grant funds available to assist with the project. She also suggested that he speak to the commission to determine what components of the project may be able to be done under Routine Repair and Maintenance so he could begin sooner. The Commission reviewed the List that was submitted by Mr. Mathewson and Mr. Hall. The Commissioners asked questions and Mr. Mathewson and Mr. Hall answered responded. A photo of the building was reviewed with the list and the commission determined the following: Item 1 could be addressed under a Signage-Awning request reviewed by Mark Fedder, Museum Director. Items 2 through 9 could be addressed under either an Application for Routine Maintenance or Paint City of Manistee Historic District Commission Meeting Minutes December 6, 2012 Page 3 Colors or both which would be reviewed by Mark Fedder, Museum Director. The Commission explained the need to follow the requirements of Preservation Brief 1 – Assessing Cleaning and Water Repellent Treatments for Historic Masonry Buildings and Preservation Brief 2 Repointing Mortar Joints in Historic Masonry Buildings. Mr. Mathewson and Mr. Hall were given copies for their review and Mark Fedder will review the requirements with them when they submit their application. CORRESPONDENCE We received two complimentary copies of the Lead Resource Guide for Owners of Older and Historic Buildings. One copy will be available at the museum the other at City Hall. City of Manistee Historic District Commission Meeting Minutes December 6, 2012 Page 4 STAFF REPORTS Jon Rose, Community Development Director – discussed the Cnudde project with the Commissioners. Travis Alden, DDA/Main Street Director – reported to the Commission on recent activities including the grant program, changes to the program, possible purchase of the former Tuscan Grill. MEMBERS DISCUSSION Commissioner Perschbacher asked for an answer to his question about grants for a Building in Grand Rapids. Commissioner Eftaxiadis offered to research it for him. MOTION by T. Eftaxiadis, seconded by John Perschbacher to close the Historic District Commission Meeting. With a voice vote motion passed unanimously. Meeting Closed at 4:20 pm WORKSESSION: Certified Local Government Program – Staff will follow up with Mr. Conway. Paint Pallets – Hold till next Worksession Close out permits – Permits will be divided up by members of the committee and a meeting will be scheduled. Hopes are to have the majority closed out by mid-February. The Next meeting of the Historic District Commission will be on Thursday, January 3, 2013 at 3:00 p.m. in the Council Chambers, City Hall, 70 Maple Street. WORKSESSION ADJOURNED AT 4:25 P.M MANISTEE HISTORIC DISTRICT COMMISSION __________________________________________ Denise J. Blakeslee, Recording Secretary City of Manistee Historic District Commission Meeting Minutes December 6, 2012 Page 5 CITY OF MANISTEE HISTORIC DISTRICT COMMISSION BY-LAWS AND RULES OF PROCEDURES 1. AUTHORITY These By-laws and Rules of Procedures are adopted by the Historic District Commission of the City of Manistee, County of Manistee, (hereinafter referred to as the Commission) pursuant to Public Act 169 of 1970, as amended, the Local Historic Districts Act; the City of Manistee Codified Ordinance, and the Public Act 267 of 1976, as amended, the Open Meetings Act. 2. OFFICERS 2.1 Selection. At the December meeting, the Historic District Commission shall elect a chair, vice-chair and appoint a recording secretary who shall serve for the next twelve (12) months and who shall be eligible for re-election. Vacancies in an office of the Commission shall be filled at the next regular meeting of the Commission. The membership shall elect one of its members to fill the vacancy until the next annual election. 2.2 Duties. The chair shall preside at all meetings and shall conduct all meetings in accordance with the rules provided herein and sign all official documents. The vice-chair shall act in the capacity of the chair in the absence of the chair or in the event of a vacancy in the office of chair; in which case, the Commission shall select a successor to the office of vice-chair at the earliest practicable time. The Recording Secretary shall be responsible for execution of documents in the name of the Historic District Commission, the preparation of minutes, keeping of pertinent public records, delivering communications, reports, and related items of business of the Commission, issuing notices of public hearings and performing related administrative duties to assure efficient and informed Commission operations. In the event the Recording Secretary is absent, the chair or acting chair shall appoint a temporary redording secretary for such meeting. 2.3 Tenure. The officers shall take office at the first regularly scheduled meeting immediately following their election. They shall hold their office for a term of one year, or until their successors are elected and assume office. 3. MEETINGS 3.1 Meeting Notice. Notice of all meetings shall be posted at City Hall by December 31st of ______________________________________________________________________________ City of Manistee Historic District Commission 1 By-Laws and Rules of Procedures each year. The notice shall include the date, time and place of the meeting. Any changes in the date or time of the regular meetings shall be posted and noticed in the same manner as originally established. When a regular meeting date falls on or near a legal holiday, the Commission shall select suitable alternate dates in the same month, in accordance with the Open Meeting act. 3.2 Commission Absences. In order to maintain the maximum participation of all appointed Historic District Commission members at all scheduled meetings, the following is the attendance guide and Commissioner replacement policy for “excused” or “unexcused” absences: 1. When appointed, each Commissioner should state his/her willingness and intention to attend each scheduled meeting of the Historic District Commission. 2. In the event of unplanned personal matters, business trips, family vacation trips, changed job requirements, sickness, or other physical disabilities that prohibit the Commissioner from attending the scheduled meeting; the Commission Chair or staff Liaison to the Historic District Commission should be notified as soon as possible prior to the time of the scheduled meeting of their inability to attend. The Commissioner upon this notification will receive an “excused absence” for the involved scheduled meeting. 3. If any Commissioner is absent from three (3) consecutive scheduled meetings without an “excused absence” for any of the three (3) meetings, the Commissioner shall be reported in writing to the City Manager. The City Manager will contact the Commissioner in writing and question his/her continued ability or interest in being on the Commission, giving the member a chance to rectify the attendance issue or submit a resignation. 4. There will be no limit on the number of consecutive “excused absences” for any Commissioner. However, if the Commissioner is repeatedly absent for at least 50% of the yearly scheduled meetings, that member will also be reported in writing to the City Manager. The City Manager will contact the Commissioner in writing and question the member’s continued ability or interest to be on the Commission. The Commissioner will be considered for an appointment nullification when the absences total six in the calendar year. 5. The appointment nullification action would be initiated by the City Manager and forwarded on to the City Council for official action. 3.3 Special Meetings. A special meeting may be called by the Chair, or three members of the Historic District Commission upon written request to the Recording Secretary. The business which the Historic District Commission may perform shall be conducted at a public meeting of the Historic District Commission held in compliance with the Open meeting Act. Public Notice of the time, date, and place of the special meeting shall be given in a manner as required by the Open Meeting act, and the Recording Secretary shall provide notice to commission members by writing, telephone, or e-mail. ______________________________________________________________________________ City of Manistee Historic District Commission 2 By-Laws and Rules of Procedures 3.4 Quorum. In order for the Commission to conduct business or take any official actions, a quorum consisting of at least a majority of the appointed Commissioners shall be present. When a quorum is not present, no official action, except for the closing of the meeting may take place. The members of the commission may discuss matters of interest, but shall take no action until the next regular or special meeting. All public hearings without a quorum shall be scheduled for the next regular or special meeting and no additional public notice is required provided the date, time and place is announced at the meeting. 3.5 Public Hearings. Hearings shall be scheduled and due notice given in accordance with the provisions of the Acts and Ordinance cited in Section 1. Public hearings conducted by the Historic District Commission shall be run in an orderly and timely fashion. This shall be accomplished by the following procedure. 1. The Chair of the Historic District Commission shall announce that a public hearing will be conducted on a request. 2. The Chair shall read the public hearing announcement as published in the newspaper and give a brief description of the hearing subject and the public notice procedure. 3. The Chair shall announce the following hearing rules: a. The Chair will recognize each speaker. When a speaker has the floor, he/she is not to be interrupted unless time has expired. Persons speaking without being recognized shall be out of order. b. Each speaker shall state their name and address for the record and may present written comments for the record. c. Speakers shall address all comments and questions to the Historic District Commission and comments will be limited to the subject matter of the Public Hearing. d. Unless waived by the Historic District Commission for a specific meeting or a specific speaker, public comment shall be limited to five (5) minutes per speaker, one time only. If a group of people wish to be heard on one subject, a spokesperson may be designated who may request that more than five (5) minutes be permitted for collective comments of the group as presented by that speaker. e. The Chair may require that repetitive comments be limited or abbreviated in the interest of saving time and allowing others to speak. Everyone shall have an opportunity to speak before someone is allowed to speak a second time. f. The Chair may establish additional rules of procedure for particular hearings as he/she determines appropriate. g. Normal civil discourse and decorum is expected at all times. Applause, shouting, outbursts, demonstrations, name-calling or other provocative speech or behavior may result in removal from the hearing or an adjournment. 4. Once all public comments have been stated, the Chair shall close the hearing. Any voting member of the Historic District Commission may initiate a motion to close the ______________________________________________________________________________ City of Manistee Historic District Commission 3 By-Laws and Rules of Procedures hearing. 5. Public Hearings shall be carried out in the following format: a. The Chair shall open the hearing. b. The Applicant shall present any comments and explanation of the case. Applicant’s presentation shall not be subject to the five (5) minute limitation. c. The City staff and any consultants serving the City shall present their reports. d. The hearing will be opened for public comment. e. The public comment period will be closed. f. Deliberation and discussion by the Historic District Commission. g. Disposition of the case by the Historic District Commission. 3.6 Motions. Motions shall be restated by the Chair before a vote is taken. The name of the maker and supporter of each motion shall be recorded. 3.7 Voting. An affirmative vote of the majority of those members present shall be required for the approval of any requested action or motion placed before the Commission. Voting shall ordinarily be by voice vote; provided however that a roll call vote shall be required if requested by any Commission member or directed by the Chairperson. All members of the Commission including the Chairperson shall vote on all matters, but the Chairperson shall vote last. 3.8 Order of Business. A written agenda for all regular meetings shall be prepared. 3.9 Rules of Order. All meetings of the Commission shall be conducted in accordance with generally accepted parliamentary procedure as adopted by City Council for all Boards and Commissions within the City of Manistee. 3.10 Agenda Items. For an item to be considered at a regular Historic District Commission meeting, it must be submitted to the City no later than the established policy of the City prior to the next scheduled Historic District Commission Meeting. 3.11 Conflict of Interest: 1. As used here, a conflict of interest shall at a minimum include, but not necessarily be limited to, the following: a. A commission member issuing, deliberating, voting or reviewing a case concerning himself. b. A commission member issuing, deliberating, voting or reviewing a case concerning work on land owned by himself. c. A commission member issuing, deliberating, voting or reviewing a case involving a corporation, company, partnership, or other entity in which he is a part owner, or any other relationship where he may stand to have a financial gain or loss. d. A commission member issuing, deliberating, voting or reviewing a case which is an ______________________________________________________________________________ City of Manistee Historic District Commission 4 By-Laws and Rules of Procedures action which results in a pecuniary benefit to himself. e. A commission member issuing, deliberating, voting or reviewing a case concerning his spouse, children, step-child, grandchildren, parents, brother, sister, grandparents, parents in-law, grandparents in-law or member of his household. f. A commission member may consider the possibility of declaring a conflict of interest if his/her home falls within a notification radius used for a Public Hearing. Because the sending of the notice automatically presumes some degree of interest, this fact should be recognized by declaring a conflict, particularly if a financial impact is likely. g. A commissioner who feels, in his/her judgement that his/her job, scope of duties and/or position may be at risk, pending the outcome of the permitting process. 2. A commission member shall, when he/she has a conflict of interest do the following immediately, upon the first review of the case and determining a conflict exists: a. declare a conflict exists at the beginning of the meeting where the case appears on the agenda, or when the topic brought up so such declaration is recorded in the minutes, and b. refrain from participating in the discussion, site inspection or review of the case, except where specific information has been requested by the commission, and c. refrain from casting a vote on any motion having to do with the case. 4. MINUTES 4.1 Preparation. Commission minutes shall be prepared by the Recording Secretary of the Commission. The minutes shall contain a brief synopsis of the meeting, including a complete restatement of all motions and recording votes; complete statement of the conditions or recommendations made on any action; and recording of attendance. All communications, action and resolutions shall be attached to the minutes. 5. OPEN MEETINGS AND FREEDOM OF INFORMATION PROVISIONS 5.1 All meetings of the Commission shall be open to the public and held in a place available to the general public. 5.2 All deliberations and decision of the Commission shall be made at a meeting open to the public. 5.3 A person shall be permitted to address a hearing of the Commission under the rules established in subsection 3.5, and to address the Commission concerning non-hearing matters at the time designated for such comments. 5.4 A person shall not be excluded from a meeting of the Commission except for breach of the peace, committed at the meeting. ______________________________________________________________________________ City of Manistee Historic District Commission 5 By-Laws and Rules of Procedures 5.5 All records, files, publications, correspondences, and other materials are available to the public for reading, copying, and other purposes as governed by the Freedom of Information Act. 6. ANNUAL REVIEW OF BY-LAWS The Commission shall annually review their By-Laws at the regularly scheduled meeting in January . 7. AMENDMENTS These rules may be amended by the Commission by a concurring vote subject to subsection 3.7, during any regular meeting, provided that all members have received an advanced copy of the proposed amendments at least three (3) days prior to the meeting at which such amendments are to be considered. I HEREBY CERTIFY that the above Bylaws were adopted the 9th day of July 2009. ____________________________________ Mary (Teena) Kracht, Chair [Annotation: As approved by the City Council at their June 2, 2009 Meeting - Council authorized the bylaw amendments for all Boards and Commissions to include the new Board Absences language; directed all boards or commissions to implement and follow these changes as Council has requested; and authorized the Mayor to sign the amended bylaws.] Approved by the City of Manistee Council ____________________________________ ____________________________________ Date Cynthia A. Fuller, Mayor ______________________________________________________________________________ City of Manistee Historic District Commission 6 By-Laws and Rules of Procedures

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