Please note that I’ve referred to the Local Historic Districts Act (MCL 399.201, et seq) as the LHDA, the Clarkston ordinance (152.01, et seq of the Clarkston Code of Ordinances) as the Clarkston Ordinance, and the HDC charter proposal as the Charter Proposal.
Discussion:
LHDA, MCL 399.204 – Not less than five or more than seven HDC commissioners, all commissioners must reside in the city, the majority of commissioners must have a clearly demonstrated interest in or knowledge of historic preservation, all commissioners are appointed by the mayor unless another method is provided in the ordinance, commissioners serve for three-year terms and are eligible for reappointment, vacancies must be filled within 60 days, the city’s ordinance can allow for removal of members, and the LHDA prefers that one commissioner be a graduate of an accredited school of architecture with 2 years of experience or who is a registered architect in the state, but only if such a person available.
Clarkston Ordinance, 152.06 – Same as the LHDA except the number of commissioners is limited to five. Our ordinance was changed to allow for appointments by the city council rather than the mayor (though this change hasn’t been added to the city’s website).
Charter Proposal – Same as the Clarkston Ordinance. Adds that vacancies must be publicized at least 35 days before the appointment is scheduled to be made. At least three of the five members must show a clearly demonstrated interest in or knowledge of historic preservation in writing (which must be more than a general interest in historic preservation or that they’ve had work done on their own property), though two of the five can have the more general interest background. If the HDC has fewer than three commissioners who can demonstrate in writing that they have more than a generalized interest in historic preservation at the time of the vacancy, then the search for commission candidates must continue, even if it takes more than 60 days.
Notes:
Given the power HDC commissioners have over property owners in the historic district, it is reasonable to require at least three of the five commissioners satisfy the LHDA and Clarkston Ordinance requirements by having qualifications beyond “I like the historic district,” or “I made an application to the HDC for work on my own home,” which is the criteria the city council is using for appointing HDC commissioners today. The city could meet its 35-day posting obligation under the charter requirement by continuous requests for applicants.
Paid for by Susan Bisio, P.O. Box 1303, Clarkston, MI 48347 with regulated funds.)