Division 12. Historic Preservation Board  


§ 2-181. Establishment. [Repealed]
Effective on Tuesday, February 7, 2017

There is established a City of Lake Wales Historic Preservation Board (HPB) in order to carry forward the purposes of the National Historic Preservation Act, as amended in 1980, PL 96-515, and such other purposes as may be created by ordinance or law.

(Ord. No. 2002-18, § 1, 9-17-02; Ord. No. 2017-02, § 5, 02-07-2017)

§ 2-182. Membership; terms; professional qualifications. [Repealed]
Effective on Tuesday, February 7, 2017

(a) Membership. The board shall consist of nine regular members. At least four (4) members must be residents of the City of Lake Wales. Up to four (4) members may be non-residents but must own property within the city limits or hold business tax receipt issued by the city as required by section 2-26 of this chapter. One (1) member shall be a member of the city commission. Up to four (4) ex-officio members who are not residents and do not meet the other requirements of section 2-26 may also be appointed to serve on the board provided they meet the professional qualifications requirement of paragraph (c).

(b) Terms. Of the first regular members appointed, three (3) shall be appointed for two (2) years and five (5) shall be appointed for three (3) years, but thereafter all appointments shall be for three (3) years or until their successors are qualified and appointed. The commissioner member shall be appointed for the duration of his or her term on the city commission. Ex-officio members shall be appointed for three (3) years.

(c) Professional qualifications. To meet the requirements of the certified local government program, as provided in the National Historic Preservation Act, as amended in 1980, PL 96-515, and to carry out its responsibilities under this chapter, the membership of the board shall include, to the extent available, three (3) persons who are educated or who practice in one (1) of the disciplines of architecture, history, architectural history, planning, archaeology or related disciplines. Whenever an individual is nominated to the board, the mayor and the city commission shall consider the professional qualifications of the individual to ensure that the requirements of the certified local government program are met.

(Ord. No. 2002-18, § 1, 9-17-02; Ord. No. 2003-06, § 1, 3-18-03; Ord. No. 2006-47, § 3, 12-5-06; Ord. No. 2017-02, § 5, 02-07-2017)

§ 2-183. Manner of appointment; vacancies; removal from office. [Repealed]
Effective on Tuesday, February 7, 2017

(a) Manner of appointment. Members of the board shall be appointed by the mayor, subject to confirmation by the city commission.

(b) Vacancies. When a vacancy occurs on the board, it shall be filled as quickly as possible with due consideration to the qualifications of any candidate. No position shall remain unfilled on the board for a period exceeding sixty (60) days.

(c) Removal from office. A member of the board may be removed during his or her term by the mayor, with the approval of the city commission.

(Ord. No. 2002-18, § 1, 9-17-02; Ord. No. 2017-02, § 5, 02-07-2017)

§ 2-184. Organization. [Repealed]
Effective on Tuesday, February 7, 2017

(a) Officers. The board shall annually elect a chairperson, vice-chairperson, and a secretary from among its members. The officers shall have such duties of chairing the meetings and other responsibilities as are assigned to them by the rules of the board.

(b) Task forces. The board may from time to time, authorize the establishment of task forces or work groups to carry out specialized and detailed projects within the scope of its purposes; any task force or work group may include, but membership composition is not limited to, persons who are not members of the board.

(Ord. No. 2002-18, § 1, 9-17-02; Ord. No. 2017-02, § 5, 02-07-2017)

§ 2-185. Powers and duties. [Repealed]
Effective on Tuesday, February 7, 2017

The board shall have the following powers and duties, which shall be complementary to and carried out in accordance with the responsibility of the state historic preservation officer as described in 36 CFR 61.4(b), as may be amended;

(a) Regular meetings. The board shall hold regular meetings, but no less than four (4) times per year.

(b) Reporting. The board shall, on a bi-annual basis, make a written report to the city commission of its activities.

(c) Survey and inventory. The board shall conduct an ongoing survey and inventory of historic buildings, areas and archaeological sites in the city, which shall be compatible with the state master site file, and to plan for their preservation. Copies of the final work products of such survey and inventory shall be forwarded to the state preservation office.

(d) Potential landmarks. The board shall identify potential landmarks and potential landmark sites and make recommendations to the city commission as to whether those potential landmarks and landmark sites should be officially designated as landmarks and landmark sites.

(e) Review authority. Upon application by the property owner or his designated agent for the nomination of local property to the National Register of Historic Places, or in extraordinary circumstances, upon application by the city commission for the nomination of local property to the National Register of Historic Places and with respect to the National Register of Historic Places, the board shall have the following authority:

(1) To review all nominations of local property to the National Register of Historic Places pursuant to the regulations established by the state historic preservation officer.

(2) To request the mayor or his/her designee to render written opinions as to whether each property should be nominated to the national register.

(3) To review the nomination following due public notice and hearing requirements and after notifying the applicant and property owner thirty (30) days prior to the public hearing.

(4) To seek expert advice while reviewing the nomination, subject to budgetary restrictions.

(5) To forward to the state historic preservation officer its recommendation on the nomination and the recommendations of the local official.

(f) Certified local government program. In the development of the certified local government program, as provided in the National Historic Preservation Act, as amended in 1980, PL 96-515, the city commission may ask the board to perform such other responsibilities as may be delegated to the city from time to time pursuant to the National Historic Preservation Act.

(g) Public hearings and records. The board shall promulgate appropriate rules providing for the establishment and maintenance of a record of all board meetings and public hearings, which record shall be filed with the city clerk and retained with the official records of the city. A verbatim record is not required, but the board shall establish the record in sufficient degree to disclose the factual basis for its determinations and recommendations. The board shall prepare and file with the city clerk for public inspection a written annual report of its historic preservation activities, cases, decisions and qualifications of its members.

(h) Other matters. Except as specified herein, all matters pertaining to citizen boards, commissions and committees established by the Lake Wales City Commission shall apply.

(Ord. No. 2002-18, § 1, 9-17-02; Ord. No. 2017-02, § 5, 02-07-2017)