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Ms. DeRose responded that he and his insurance carrier were <br />liable; she suggested that the case was possibly not worth <br />the effort, and possible litigation, required to seek <br />compliance. <br />Mr. Herendeen stated that the owner volunteered to construct <br />the rail and it was included in the COA; the HPC must <br />consider whether their credibility was at stake. <br />Mr. Welsheimer suggested that this was an area in which the <br />HPC had no jurisdiction. <br />Mrs. Choitz stated that she too was concerned about liability <br />when the COA was first considered; she wanted to be "on <br />record" that the HPG had considered safety when the plan was <br />first approved. <br />Mr. Eide moved that staff contact the owner to suggest that <br />the owner comply with the original COA as submitted to avoid <br />Possible liability and to contact the complainant to explain <br />the HPC's Position in the matter. Mr. Welsheimer seconded the <br />motion. <br />No further discussion. <br />The motion Passed by a vote of six to one. Mr. Oxian voted <br />nay. Mr. Herendeen abstained. <br />4. Historic Districts <br />No report. Mr. Oxian announced that the River Bend <br />Historic District proposal was scheduled to be considered by <br />the Common Council on the following Monday. <br />5. Historic Landmarks <br />1. 1606 West Ewing -- First Reading <br />The owners of this property submitted a proposal for <br />landmark designation to the HPC; staffwillsubmit a report <br />in November. <br />2. James Madison School, 804 N. Lafayette -- First Reading <br />This proposal was initiated by Mr. Oxian; staff will <br />submit a report in November. <br />6. Standards and Maintenance <br />a. Maintenance Update <br />Mr. Holycross submitted a report updating various <br />maintenance issues: <br />A. Central/ Madison Schools'-- The South Bend School <br />Corporation was sent a letter on 7-28-92 asking for <br />compliance with HPC maintenance policy after site visits by <br />staff and Mr. Herendeen revealed numerous problems with both <br />structures. Acting Superintendent Ralph Komasinski replied on <br />7 <br />