Arkansas Administrative Code › Agency 148 - State Capitol Arts and Grounds Commission › Rule 148.00.00-001 - Capitol Arts and Grounds Commission Administrative Rules and Procedures: Sec. 1-101 Administrative Duties; Sec. 1-102 Proposal Review and Approval Procedure; Sec. 1-103 Appeals; Sec. 1-104 Amendments

Current through Register Vol. 49, No. 6, June, 2024
Definitions
Capital improvement
			 projects
Capital improvement projects include the location of new
			 buildings and facilities on the Capitol grounds, expansion or addition to
			 existing buildings and facilities located on the Capitol grounds, location or
			 relocation of parking lots and parking facilities on the Capitol grounds, the
			 location of memorials, fountains, monuments, sculpture and other works of art,
			 including proposals for the relocation of any fountains, memorials, or
			 monuments and similar facilities on the State Capitol grounds, the installation
			 of lights and lighting equipment on the State Capitol grounds, the location and
			 development of streets, curbs, gutters and sidewalks on the State Capitol
			 grounds and landscaping projects or changes in landscaping design on the State
			 Capitol grounds involving an expenditure in labor and materials over one
			 thousand dollars.
Move following paragraph from
			 Administrative Duties
Capital improvement projects do not include renovations or
			 improvements within the interior of existing structures on State Capitol
			 grounds, or repair or maintenance that does not substantially change existing
			 structures on State Capitol grounds, or [repair or maintenance that does not
			 substantially change existing use of space or add additional]
or change
			 use of space or add
square footage to existing buildings.
State Capitol
			 Grounds
The State Capitol grounds include all land, parking
			 areas, and streets that are under the jurisdiction of the Secretary of State.
			 This includes the land, parking areas and street surrounding the State Capitol
			 Building, the Capitol Hill Building, the Grounds Operations shop and other land
			 that is maintained by the Secretary of State.
Historic Capitol
			 grounds
The Historic Capitol grounds include the grounds east of
			 the Capitol bordered by [the]
(Seventh Street and South Martin Luther
			 King, Jr. Drive to the south; Fourth Street and North Martin Luther King, Jr.
			 Drive to the north; Woodlane to the east; and the Capitol building to the
			 west)
[Confederate Womens Memorial on the south and the Capitol building
			 on the west and Woodlane Street on the east; the grounds north of the Capitol
			 bordered by Capitol Building and North Martin Luther King, Jr. Drive; the
			 grounds south of the Capitol bordered by the Capitol building and South Martin
			 Luther King, Jr. Drive.]
(The Historic Capitol Grounds will be monument
			 free, except for existing monuments, site 2 and site E as designated on the
			 Capitol Master Plan Monument Site map.)
Capitol Master
			 Plan
The Capitol Master Plan shall be the design document for
			 capital improvement projects as defined in these regulations on the State
			 Capitol grounds. This plan shall be reviewed by the Capitol Arts and Grounds
			 Commission on aperiodic basis and remain on file with the Secretary of State's
			 Office.
SECTION 1-101
ADMINISTRATIVE DUTIES
The purpose of this section is to set forth the powers and duties
			 of the Commission.
The Capitol Arts and Grounds Commission shall [maintain]
guide the development of the
State Capitol grounds by
			 recommending a Capitol Master Plan for capital improvement projects, approve
			 any modifications to the Plan, obtain and maintain information from all
			 persons, boards, committees, organizations, and state agencies concerning their
			 current and anticipated future needs for space on the State Capitol grounds for
			 the location of capital improvement projects, recommend the acquisition of land
			 for such expansion of the State Capitol grounds, and review and recommend for
			 display all permanent art to be placed or erected in the public areas of the
			 State Capitol.
The Capitol Arts and Grounds Commission shall meet at least twice
			 a year or on call of the chairman or upon written request of any four of its
			 members to review matters concerning capital improvement project proposals.
The Secretary of State shall serve as the chair of the
			 Commission.
The Capitol Arts and Grounds Commission shall [upon request,
			 review all]
review all requests for
capital improvement
			 proposals. The Commission shall set forth criteria for evaluation of all
			 requests.
Following a formal request
me Commission shall
			 [then] hold a public hearing to obtain the views of the public on
a
proposed project. After all of the relevant evidence has
			 been submitted and taken into account, the Commission shall discuss and vote on
			 adoption of the proposed project.
SECTION 1-102
PROPOSAL
		  REVIEW AND APPROVAL PROCEDURE
The purpose of this section is to establish rules and procedures
			 for review and approval of various capital improvement projects.
Request for Review
			 Procedures
The following procedures shall be followed by all persons,
			 boards, committees, organizations or state agencies to obtain a review of a
			 proposed capital improvement project.
A) [All] Requests can be submitted at any
		  time and
all requests
shall be made on standard forms provided
		  by the Secretary of State. After the Secretary of State has determined that the
		  project lies within the Capitol Arts and Grounds Commission's jurisdiction, the
[party]
(Secretary of State shall schedule and hold a meeting of
		  the Capitol Arts and Grounds Commission. Successful applications shall be
		  forwarded to a subcommittee of the Capitol Arts and Grounds Commission
		  appointed by the Secretary of State.)
[making the request shall
schedule and hold a pre-design conference before a subcommittee of the
		  Capitol Arts and Grounds Commission.]
B)
Pre-design conference rules and
		  procedures for proposed projects in the Capitol Complex.
1)
No additional memorials and/or
		  monuments shall be placed on historic Capitol Grounds except
(as provided
		  for in the Historic Capitol Grounds definition.)
2)
The Capitol Arts and Grounds
		  [sub-committee]
(Commission)
shall be consulted concerning
		  potential sites available on the Capitol Complex and maximum dimensions allowed
		  for each site. A grounds monument location map in the Capitol Master Plan
		  defines potential locations and maximum dimensions.
3)
Potential construction materials
		  must be compatible with the design, historic importance and building materials
		  of the state Capitol building. Whenever possible, Capitol grounds monuments
		  shall be constructed of
(materials suck as)
granite, limestone,
		  bronze, copper and/or steel.
4)
A preliminary proposal shall be
		  submitted to the Capitol Arts and Grounds sub-committee for review, [at the
		  time potential sites are reviewed] This preliminary proposal will
		  include:
a)
preliminary
		  design intentions
b)
administrative arrangements to oversee construction projects
		  [fundraising.]
(financing.)
[5)
The Capitol Arts and Grounds
		  Commission sub-committee may recommend preliminary site approval This approval
		  must be granted for applicant to proceed. A final design proposal shall be
		  submitted to the Capitol Arts and Grounds Commission sub-committee by the
		  applicant after the pre-design conference(s). The sub-committee's review and
		  recommendation of the final design proposal shall be submitted to the full
		  Capitol Arts and Grounds Commission.]
C)
After full review and
		  recommendation of the final design proposal(,) [by] the Capitol Arts and
		  Grounds sub-committee, [the party making the request] shall
submit
		  information
to the full membership of the Capitol Arts and Grounds
		  Commission,
which includes but is not limited to:
(1) Architectural and landscaping plans,
including elevations, site plans and floor plans
[if]
as
appropriate, for the project;
(2) Sufficient information to demonstrate
		  compliance with applicable
construction
standards for
		  development;
(3) Sufficient
		  information to demonstrate compliance with the Capitol Master Plan;
(4) Sufficient information to allow a
		  courtesy [visit]
review
by the Capitol Zoning District
		  Commission [for informational purposes].
(5) Sufficient information
to
		  demonstrate
[ing]
that
the [proposal]
proposed project
fulfills a need or demand of the citizens of
		  Arkansas.
(6) Appropriate funding
		  plan for the
timely
completion
and proper
maintenance of the [proposal]
proposed project.
(7)
Sufficient information that
		  knowledgeable persons qualified in the field of architecture and
		  preservation/maintenance shall be consulted by the applicant to determine
		  structural soundness and durability, and to assure that the commemorative work
		  meets high professional standards.
(D)
The Capitol Arts and
		  Grounds sub-committee will notify the applicant of submission to the full
		  commission.)
Proposal Review
			 Procedure
Each proposal that is submitted and found [pertinent]
to
			 be within the jurisdiction of
'the Commission will be examined at the
			 next meeting of the Commission. Upon receipt of a capital improvement project
			 proposal that meets the minimum requirements the Commission shall:
(1) Meet and review the proposal and consider
		  all evidence presented by the proposing [entity]
[sponsor]
(applicant);
(2) Ask the requesting [entity]
[sponsor]
(applicant)
to provide additional
		  information if the Commission believes that more information relating to the
		  project is required.
(3) Hold a
		  public meeting for the purpose of obtaining the views of the public on the
		  proposed project. Notices of meeting shall be mailed to interested persons at
		  least ten (10) days in advance of the meeting. Notice shall also be published
		  in newspapers of general daily circulation and, when appropriate, various
		  trade, industry and professional publications. The hearing shall be conducted
		  using Roberts Rules of Order and shall afford all interested parties the
		  opportunity to speak;
(4) [A] Any
		  proposal receiving a positive recommendation by the Commission shall be
		  submitted to the Secretary of State, [who serves as the Commission chair,] for
		  [submittal]
additional review
and recommendation of the
		  proposal [and then] to the General Assembly for [final review and]
legislative action.
(5) [A]
Any
proposal
		  receiving a negative recommendation by the Commission shall be submitted to the
		  Secretary of State with an explanation
of
why the request was
		  not deemed appropriate. [A negative recommendation may also be forwarded to the
		  Legislative Council for information purposes]
Proposal Approval
			 Procedure
The Capitol Arts and Grounds Commission shall consider the
			 following criteria in arriving at decisions on capital improvement
			 projects:
(1) Membe
r
		  Report
- The Capitol Arts and Grounds Commission
sub-committee
members shall prepare a report for each capital
		  improvement project proposal. A majority vote of the
full
Commission shall be necessary for adoption of any action by the
		  Commission.
(2) Compliance
with Capitol Master Plan
- The proposed project must
		  comply with the [goals]
rules and regulations
of the Capitol
		  Arts and Grounds Commission
and the intent of the Capitol Master
		  Plan.
(3)
		  Publi
c Position
- Any person may present a position or
		  opinion at the public hearing. The Commission
members
shall
		  assess the sentiment of the public or any person presenting an opinion or
		  position in making [the]
a
decision.
[(4) Need
or Demand
- The proposed
			 action must be necessary or beneficial in creating positive change which
			 fulfills a need or demand present within the Capitol grounds.]
[(5)](4) Legal
Considerations
- The proposed action must be
		  compatible with existing laws
and standard codes,
[or city of
		  Little Rock Ordinances]
[(6)](5)
		  General
Assembly
- The proposed [capital improvement]
		  project must be submitted to and approved by the General Assembly [before it is
		  adopted]. The project will be introduced at the next General [Session] Assembly
following approval by the Capitol Arts and Grounds Commission.
(6)
Construction of
		  approved projects shall be coordinated and monitored by the office of the
		  Secretary of State.
The approval of the [capital improvement] project proposal is
			 valid for one year from the adoption by the General Assembly. The [capital
			 improvement] project shall be completed within one year from the date of the
			 beginning of the construction. Failure to complete the
application
			 proposal
procedure within one year would require a reapplication with
			 the Commission. [The Commission's decision of the recommended proposal shall be
			 made available for public viewing.]