Clackamas County Historic Review Board Bylaws and Operating Procedures

ARTICLE I: GENERAL

Section 1. EXPLANATION

1. A seven-member Historic Review Board (HRB) has been established by Clackamas County pursuant to the Clackamas County Zoning and Development Ordinance (ZDO). HRB members serve four-year terms, except as provided by the ZDO for the filling of partial terms.
2. The adoption of these Bylaws and Operating Procedures replaces and repeals the Bylaws and Operating Procedures adopted by the HRB on September 10, 2015.

ARTICLE II: RESPONSIBILITIES OF THE HRB

Section 1. RESPONSIBILITIES

1. The HRB shall act as an advisory body on matters pertaining to the Historic Landmark, Historic District, and Historic Corridor overlay zoning district established by theZDO.
2. The HRB shall hold public meetings and take action, as prescribed by state and county laws, on matters that are within the HRB’s purview. The matters within the HRB’s purview are set forth in Sections 707 and 1307 of the ZDO.
3. The HRB shall adopt and periodically review and amend Bylaws and Operating Procedures for the operation of the HRB’s business.

ARTICLE III: OFFICERS

Section 1. OFFICERS

The officers of the HRB shail be a Chair and Vice Chair.

Section 2. ELECTION

1. The Chair and Vice Chair shall be elected at the first meeting in May for a term of one calendar year and shall serve until their successors are elected.
2. Nominations shall be by oral motion. At the close of nominations, the HRB shall vote upon the names nominated for the office. If requested by any member, written ballots shall be used for voting purposes.
3. Election of officers shall be by majority vote of the quorum.
4. If the office of Chair becomes vacant, the Vice Chair shall serve as Chair for the remainder of the unexpired term. If the office of Vice Chair becomes vacant, the HRB shall elect a successor from its membership to serve the remainder of the unexpired term.
5. Members of the HRB holding office at the time of adoption of these Bylaws and Operating Procedures shall continue to hold office for the term for which they were elected and until their successors are elected.
6. The member holding the position of Chair or Vice Chair may be removed from office by majority vote of the whole HRB.

Section 3. CHAIR

1. The Chair shall have the duty and power to:
   • Preside over all deliberations and meetings of the HRB;
   • Preserve order and decorum at HRB meetings and decide questions of order, subject to action by a majority vote of the quorum.

Section 4. VICE CHAIR

In the absence of the Chair, the Vice Chair shall act as Chair. In the absence of the Chair and the Vice Chair, a temporary Chair shall be elected.

ARTICLE IV: RESPONSIBILITIES OF THE PLANNING DIRECTOR

Section 1. RESPONSIBILITIES

1. The Planning Director shall:
   • Prepare the agenda and minutes for all HRB meetings;
   • Give all notices required by law;
   • Inform the HRB of correspondence relating to the HRB business and conduct all correspondence of the HRB;
   • Attend all meetings of the HRB;
   • On all land use applications to be reviewed by the HRB, present a staff report that includes background material and recommended action;
   • Compile and maintain ali required records.

Section 2 ALTERNATE DESIGNEES

The Planning Director may designate other county staff to fulfill those responsibilities of the Planning Director established by these Bylaws and Operating Procedures.

ARTICLE V: MEETING

Section 1: REGULAR MEETINGS

Regular meetings of the HRB shall be held on the second Thursday of the month as needed, except on an official county holiday, beginning at 7:00 p.m., or such other time as may be designated by the Planning Director in order to accommodate public meeting items. Any meeting may be cancelled by the Chair or Planning Director. Notice of cancellations shall be given in person or by telephone, email or mail to all members of the HRB and the Planning Director not less than 48 hours in advance thereof. In case of an emergency, a meeting may be cancelled upon such notice as is appropriate in the circumstances; provided, however, that reasonable effort is made to notify all members of the HRB.

Section 2: SPECIAL MEETINGS

Special meetings may be called by the Chair or Planning Director. Notice of all special meetings shall be given in person or by telephone, email or mail to all members of the HRB and the Planning Director not less than 48 hours in advance thereof. In case of an emergency, a special meeting may be held upon such notice as is appropriate in the circumstances; provided, however, that reasonable effort is made to notify all members of the HRB.

Section 3: OPEN MEETINGS

All HRB meetings shall be publicized in advance of the meeting date and are subject to the Oregon Public Meetings Law, Oregon Revised Statutes (ORS) 192.610 et seq.

Section 4: AGENDA: ORDER OF BUSINESS

1. The order of business at all meetings shall be determined by the agenda, which shall generally include the following items:
   • Call to order;
   • Minutes of previous meetings;
   • Review of land use application(s); Effective 6/1/16 4. 5. 6. Other business; Planning Director communications; Adjournment.
2. Any item may be taken out of order by direction of the Chair.
3. The HRB may take a short recess at the end of an item on the agenda, or at other times at the discretion of the Chair.
4. Actions of the HRB are not limited to the prepared agenda.
5. HRB meetings will end no later than 10:00 p.m., unless by majority vote of the quorum, the meeting is extended.

Section 5. PUBLIC MEETING PROCEDURE

1. Public meetings for the consideration of a land use application shall be conducted in the following manner, as closely as possible:
   1. The meeting is opened;
   2. The Chair makes an introductory presentation regarding the nature of the proposal and the process for conducting the meeting;
   3. The Planning Director makes a presentation, including background and recommendation;
   4. Correspondence turned in at the meeting and concerning the public meeting item may be read into the record by the Planning Director, if requested by the Chair, and shall be made part of the written record by the Planning Director;
   5. As a supplement to the Planning Director’s presentation, technical information may be provided by other government Officials;
   6. The applicant, or representative, may present the application;
   7. A discussion about the application may occur between HRB members, the applicant (or representative) and the Planning Director, wherein questions may be asked, suggestions made and opinions offered regarding the merits of the application and its compliance with relevant county approval criteria;
   8. The HRB takes the item up for discussion and action. The Planning Director may continue to respond to questions from the HRB and participate in the discussion.

Section 6. ATTENDANCE

If a member of the HRB is unable to attend a meeting, he or she is expected to notify the Chair or Planning Director. Continuity is necessary for effective operation of the HRB. Therefore, if—without reasonable cause—any member is absent from six meetings within one calendar year or three consecutive meetings, then upon majority vote of the whole HRB, that position shall be declared vacant. The HRB shall forward their action to the Board of County Commissioners, who shall fill the vacant position.

Section 7. QUORUM

For any item requiring a HRB vote, attendance of a majority of the HRB members shall be necessary for a quorum. No action shall be taken in the absence of a quorum except to adjourn the meeting and to continue the meeting to a time and place certain. Work sessions may be held in the absence of a quorum.

Section 8. VOTING

1. The Chair may entertain but shall not make or second motions.
2. Except as provided by state or county Jaw or these Bylaws and Operating Procedures, each member of the HRB is entitled to vote on all matters, at all meetings of the HRB.
3. Unless otherwise specified herein, a majority of the quorum is necessary to determine any question before the HRB.
4. When a matter is called for a vote, the Chair shall, before a vote is taken, restate the motion or ask another member or the Planning Director to restate the motion. The Chair shail announce the decision of the HRB after such a vote.
5. Voting shall be by voice vote, or by show of hands or roll call vote at the request of any member. All votes, whether positive, negative, or abstentions, shall be recorded in the minutes.
6. Voting “in absentia” or by proxy is not permitted.
7. A motion to reconsider can be made only at the same meeting the vote to be reconsidered was taken. Further, a motion to reconsider may only be made by a member who voted on the prevailing side of the issue.
8. For land use applications where the HRB makes a recommendation to the Board of County Commissioners or the Planning Director, the HRB may recommend approval, approval with conditions or denial of the application.

Section 9. RULES OF PROCEDURE

All rules of order not herein provided for shall be determined in accordance with the latest edition of “Robert’s Rules of Order Newly Revised.”

Section 10. MINUTES

1. The Planning Director shall prepare written minutes of each HRB public meeting, giving a true reflection of the matters discussed at the meeting and the view of the participants.
2. Minutes shall be available to the public, upon request, within a reasonable time after a meeting. Minutes shall include the following:
   • Members present;
   • Motions, proposals, measures proposed and their disposition;
   • Results of all votes, including the vote of each member by name;
   • Substance of any discussion on any matter; and
   • Subject to ORS 192.410 to 192.505 relating to public records, a reference to any document discussed at the meeting.
3. HRB members are expected to vote for approval of the minutes based on the accuracy of representation of events at the meeting. A vote in favor of adopting minutes does not signify agreement or disagreement with the HRB’s actions memorialized in the minutes.
4. Any HRB member not present at a meeting must abstain from voting on approval of the minutes of that meeting.

ARTICLE VI: PUBLICATION AND AMENDMENT OF BYLAWS AND OPERATING PROCEDURES

Section 1. PUBLICATION AND DISTRIBUTION

A copy of these approved Bylaws and Operating Procedures shall be:

1. Placed on record with the Planning Director;
2. Available at each HRB meeting;
3. Distributed to each member of the HRB at the beginning of their term;
4. Available to the public upon request.

Section 2. AMENDMENT AND SUSPENSION

1. These approved Bylaws and Operating Procedures may be amended by majority vote of the quorum.
2. Any rule of procedure not required by law may be suspended temporarily at any meeting by majority vote of the quorum.

ARTICLE VII: EFFECTIVE DATE

These Bylaws and Operating Procedures shall take effect on June 1, 2016.

Adopted by majority vote of the quorum of the HRB of Clackamas County, Oregon at its meeting of April 21, 2016, and signed by the members in authentication of its adoption this Al day of , 2016.