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2005-773-Ordinance No. 2005-029 Recorded 6/7/2005REVIEWED �j / LEGAt COUNSEL REVIEWED CODE REVIEW COMMITTEE DESCHUTES COUNTY OFFICIAL RECORDS NANCY BLANKENSHIP, COUNTY CLERK COMMISSIONERS' J URNAL 1211101511-171131111111111111 1111111 06/07/2005 03:34:02 PM For Recording Stamp only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Title 2 of the Deschutes County Code to change the representation on the ORDINANCE NO. 2005-029 Deschutes County Historical Landmarks Commission and the Landmarks Commissioner appointment process and declaring an emergency. WHEREAS, the Deschutes County Historical Landmarks Commission (Landmarks Commission) was established on November 1, 1979 by PL -21 and continues to serve the County and the cities of Bend, Redmond and Sisters with nine voting members and an undetermined number of ex -officio members, and WHEREAS, the Board of County Commissioners (Board) currently appoints all Deschutes County Historical Landmarks Commissioners and the ex -officio Landmarks Commissioners; and WHEREAS, the Deschutes County Historical Landmarks Commission members and the appointment process were adopted in PL -21, Ordinances 88-008 and Ordinance 95-027 with each city having one representative, the county having four representatives, the Deschutes County Pioneer Association having one representative, and the Deschutes County Historical Society having one representative, and WHEREAS, the Bend City Council asked the Board to increase the City's representation from one Landmarks Commissioner to four Landmarks Commissioners and asked for authority for the City's mayor to appoint those representatives with City Council approval, and WHEREAS, it is in the best interest of Redmond and Sisters to have the same authority for appointment of their representatives, and WHEREAS, it is in the best interest of the citizens of the County that the Commission continue to have nine voting members and to that end the County will reduce it representation from four members to one member, and WHEREAS, in order to maintain the Landmarks Commission's United States National Park Service Certified Local Government designation, the Board and the cities understand that they must appoint Landmarks Commissioners who meet the following standards: "Members must be drawn from professionals in architecture, history, architectural history, planning, prehistoric and historic archeology, folklore, cultural anthropology, curation, conservation, and landscape architecture or related disciplines to the extent such professionals are available in the community concerned, and such other persons as have demonstrated special interest, experience, or knowledge in history, architecture, or related disciplines.", now therefore PAGE I OF 2 - ORDINANCE NO. 2005-029 (05/25/2005) THE BOARD OF COUNTY COMMISSIONERS OF DESCffUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 2.28.070 is amended to read as described in Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfikethfetigh. Section 2. ADDING. DCC Title 2.28 is amended by the addition of a new Appendix "E", The Federal Requirements of the Certified Local Government, as shown in Exhibit "B," attached hereto and by this reference incorporated herein. Section 3. EMERGENCY. This ordinance being necessary for the immediate preservation of the public peace, health, and safety, an emergency is declared to exist and this ordinance takes effect in its passage. DATED this 44, day o 005. f BOARD OF COUNTY COMMISSIONERS OF DESC14UTES COUNTY, REGON TOM DEWOLF, Chair R. LUKE, Date of 1't Reading: Lydayof '2005. nd 2005. Dateof2 Reading: day of Record of Adoption Vote Commissioner Yes . No Abstained Excused Michael M. Daly Tom DeWolf Dennis R. Luke Effective date: day of 04AIX-t—, 2005. IT ATTEST: Recording Secretary PAGE 2 OF 2 - ORDINANCE NO. 2005-029 (05/25/2005) EXHIBIT "A" 2.28.070. Historical landmarks commission -Creation, membership, term, vacancy filling and expense reimbursement. A. The Landmarks Commission is composed of nine voting an undetermined unnumbered of non- votina ex -officio members who have demonstrated expertise in historic preservation related disciplines: 1. The Mayor of Bend, with the advice and consent of City Council, shall appoint four Commissioners to rgpresent the City of Bend, 2. The Mayor of Redmond shall appoint one Commissioner to represent the Cit of Redmond, 3. The Mayor of Sisters shall gppoint one Commissioner to rgpresent the City of Sisters, an 4. The Board of Coupo Ge, shall appoint one Commissioner to represent the unincon2orated portion of the county. 5. Upon recommendation of The Histerjeal =���he respective association president, shall rveenffnend �iL� Cenwaissioner to feor-esepA the Histewieal Seeiety mid the Desehut,-s GettpAy Pieneef Asseeiatieft Pr-esideifit shall feeenffnend one Gemmissioner-te represent the Pioneer- Asseeiafien—.-Tthe Board of Gnuiitv C_-Asstener-s shall 4ppoint one di,--Conunission6rs whq-to rgpresent the Historical Society and o Commissioner to rppresent the Deschutes County Pioneer Association. 6. The ex -officio members shall be appointed by the Deschutes Count Board of Commissioners. 713. Landmarks Commissioners shall be qualified as defined in the National Park Service's Certified Local Government Program requirements (Appendix "E" Section 2). Appendix "E", by this reference, is inco1porated herein. 13C. Landmarks Commissioners serve four year terms. Conunissioners shall serve without coMpensation. AU vacanc occurring in a position for any reaso other than expiration of a term shall be filled bv appointment for the remainder of the term. GDJ3. In addition to the nine official members, there shall be an undetermined number of liaison persons to act as ex officio members to be called in as appropriate to act in an advisory capacity to the landmarks commission. These ex officio members shall not be entitled to vote. These persons shall be representative of organizations including, but not limited to, the United States Forest Service, United States Bureau of Land Management, the County building division, and the American Institute of Architects. (Ord. 2005-029 § 1, 2005; Ord. 95-027 § 1, 1995; Ord. 88-008 § 3, 1988) Chapter 2.28 1 (05/2005) PAGE I OF I - ORDINANCE NO. 2005-029 - EXIBHIT "A" . ............. ___. �_WWWM Men_ A. The Landmarks Commission is composed of nine voting an undetermined unnumbered of non- votina ex -officio members who have demonstrated expertise in historic preservation related disciplines: 1. The Mayor of Bend, with the advice and consent of City Council, shall appoint four Commissioners to rgpresent the City of Bend, 2. The Mayor of Redmond shall appoint one Commissioner to represent the Cit of Redmond, 3. The Mayor of Sisters shall gppoint one Commissioner to rgpresent the City of Sisters, an 4. The Board of Coupo Ge, shall appoint one Commissioner to represent the unincon2orated portion of the county. 5. Upon recommendation of The Histerjeal =���he respective association president, shall rveenffnend �iL� Cenwaissioner to feor-esepA the Histewieal Seeiety mid the Desehut,-s GettpAy Pieneef Asseeiatieft Pr-esideifit shall feeenffnend one Gemmissioner-te represent the Pioneer- Asseeiafien—.-Tthe Board of Gnuiitv C_-Asstener-s shall 4ppoint one di,--Conunission6rs whq-to rgpresent the Historical Society and o Commissioner to rppresent the Deschutes County Pioneer Association. 6. The ex -officio members shall be appointed by the Deschutes Count Board of Commissioners. 713. Landmarks Commissioners shall be qualified as defined in the National Park Service's Certified Local Government Program requirements (Appendix "E" Section 2). Appendix "E", by this reference, is inco1porated herein. 13C. Landmarks Commissioners serve four year terms. Conunissioners shall serve without coMpensation. AU vacanc occurring in a position for any reaso other than expiration of a term shall be filled bv appointment for the remainder of the term. GDJ3. In addition to the nine official members, there shall be an undetermined number of liaison persons to act as ex officio members to be called in as appropriate to act in an advisory capacity to the landmarks commission. These ex officio members shall not be entitled to vote. These persons shall be representative of organizations including, but not limited to, the United States Forest Service, United States Bureau of Land Management, the County building division, and the American Institute of Architects. (Ord. 2005-029 § 1, 2005; Ord. 95-027 § 1, 1995; Ord. 88-008 § 3, 1988) Chapter 2.28 1 (05/2005) PAGE I OF I - ORDINANCE NO. 2005-029 - EXIBHIT "A" EXHIBIT "B" APPENDIX "E" THE FEDERAL REQUIREMENTS OF THE CERTIFIED LOCAL GOVERNMENT (1) Enforce Appropriate State or Local Legislation for the Designation and Protection of Historic Properties. Federal regulations are found in 36 CFR 61.6. For the ppMose of the CLQ Program, the Act defines: a. "Designation" as "the identification and registration of properties for protection that meet criteria established by the State or the locality for significant historic and prehistoric resources within the jurisdiction of a local goverm-nent." Designation includes the identification and registration of resources according to State or local criteria which must be consistent with the SecretM of th Interior's Standards for Identification and Registration. Adoption of the National RegisteE criteria is encouraged. b. "Protection" as "a local review process under State or local law for proposed demolition of, changes to, or other action that may affect historic properties designated pursuant to" a local government becoming a Certified Local Govenunent. The CLG's local protection review process of the Act applies only to properties designated pursuant to State or local laws and procedures. This would not include properties listed on or detem-iined eligible for the National Register of Historic Places unless such properties also were designated under the appropriate State or local process. c. In. its CLQ procedures, each State must define what constitutes appropriate State or local leizislation for the designation and protection of historic properties and its enforcement. NPS does not require State or local legislation regarding designation and/or protection as a prerequisite for certification. However, if State and/or local legislation is required in the State's certification procedures, that legislatio must be consistent with the Act and with the definitions above (for desimation and/or protection 1. (2) Establish an Adequate and Qualified Historic Preservation Review Conunission by State or Local Legislation. "Historic preservation review conunission" means a board, council, commission, or other similar collegial body established by State or local legislation. The members must be appointed, unless otherwise provided -by State or local legislation, by the chief elected official of the jurisdiction. Members must be drawn from professionals in architecture, history, architectural history, planning, prehistoric and historic archeology, folklore, cultural anthropology, curation, conservation, and landscgpe architecture or related disciplines to the extent such professionals are available in the communit concerned, and such other persons as have demonstrated special interest, eVerience, o knowledge in history, architecture, or related disciplines. NPS regulations regarding conunissions are found in 36 CFR 61.6. a. If no State law exists that allows the establishment of local commissions, the State will require the local govermnent to establish a commission by law or ordinance, or other official action. b. The State mav define "adeauate and qualified" within the limits of 36 CER 61.6, but the requirements set shall not be more stringent or coinprehensive than the State's reauirements for the State Review Board. c. A State may specify in its State CLQ procedures or inco1porate by reference in State CLQ procedures, the minimum number and type of professional PAGE I OF 2 — APPENDIX E TO ORDINANCE 2005-029 - EXHIBIT "B" EXHIBIT "B" members that the local goveniment shall appoint to the conunission, and indicate how additional expertise may be obtained. A local govemment may be certified without the minimum number or types of disciplines if it can provid written documentation to the SHPO that it has made a reasonable effort to fill those positions. However, if the SHPO has deleizated State Review Board responsibilities to the Certified Local Govenunent for that jurisdiction, th local commission must meet all applicable Review Board requirements, and perform all Review Board responsibilities. d. When a professional discipline is not represented in the commission membership, the commission shall seek expertise in this area from persons meeting the SecretM of the Interior's Professional Qualification Standards, as appropriate. 3. Maintain a System for the Surygy a InventoKy of Properties that furthers the PWoses of the Act. a. The State shall promulgate "idelines for local survey and inventoKy systems that ensure that such systems and the data produced can be readily intejzrated into SHP0 inventories, the statewide coLnprehensive historic preservation plan, and other qppropriate State and local planning processes. QLQ surve data shall be in a format consistent with SHPO invento1y requirements and shall not be inconsistent with the Secretary o the Interior's "Standards for Identification and Evaluation." This policy does not apply to survey data produced by local govenunents before the effective date of CLG certification. 4. Provide for Adequate Public Participatio in the Local Historic Preservation Propram. a. The State shall define in writin minimum requirements for publi participation in the conduct of overall CLG activities. These minimum requirements must include provision fo open meetings (which must include public participation in the National Register Nomination process), minutes that are publicly available, - and the publication and dissemination of conunission procedures, as well as compliance with local, State, and Federal public participation regulations. 5. Satisfactorily Perform the Responsibilities Delegated to it Under the Act. Each local izovermnent must have the legal authority to fulfill the minimum requirements specified by the SHPQ in its NPS-!qpproved CLG procedures. PAGE 2 OF 2 — APPENDIX E TO ORDINANCE 2005-029 - EXHIBIT "B"