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184 <br />185 Upon a motion by Richard Morrison, being seconded by Joann Sporleder, the <br />186 motion to approve application 2000-1130 failed with Richard Morrison, Joann Sporleder <br />187 and Jerry Weiner in favor, Richard Helmus, Martha Choitz and Catherine Hostetler <br />188 against and Mary Jane Chase abstaining. <br />189 <br />190 JOANN SPORLEDER: I have a legal question, if the Commission votes to table the <br />191 application for a month and something happens to the building between now and then <br />192 where someone gets hurt can the Commission be held liable? <br />193 <br />194 RICHARD MORRISON: Is there a motion on the floor for tabling the application? <br />195 <br />196 CATHERINE HOSTETLER: No there is no motion on the floor. The previous <br />197 motion had a tied vote so now it is a dead issue. <br />198 <br />199 THOMAS BODNAR: The same motion could be brought up again or a new <br />200 motion for tabling can be brought up. <br />201 <br />202 JOHN OXIAN: I would like to ask that the Commission table the issue for one <br />203 month so that all the facts are known. <br />204 <br />205 RICHARD HELMUS: I would move that application 2000-1130 be tabled until <br />206 February as recommended by staff. <br />207 <br />208 MARY JANE CHASE: I second the motion. <br />209 <br />210 After due consideration, the following action was taken: <br />211 <br />212 Upon a motion by Richard Helmus, being seconded by Mary Jane Chase, the <br />213 motion to table application 2000-1130 for one month failed with Mary Jane Chase, <br />214 Martha Choitz and Richard Helmus in favor and Richard Morrison, Joann Sporleder, <br />215 Jerry Weiner and Catherine Hostetler against. <br />216 <br />217 CATHERINE HOSTETLER: I would like to ask counsel again about the liability <br />218 issue. If the building should deteriorate to such a point as to be life threatening to <br />219 passers-by what is the status of liability for the Commission at that time. If we were to <br />220 table it and the building collapses killing someone before we can act what will happen? <br />221 <br />222 <br />223 <br />224 <br />225 <br />226 <br />227 <br />228 <br />THOMAS BODNAR: The Commission would be sued. I cannot give you an <br />answer to this question. The criteria is going to be whether the Commissions actions <br />were taken in good faith having seen the pictures and heard the evidence submitted today. <br />CATHERINE HOSTETLER: Is Mr. Hayden currently employed with this <br />Commission? <br />5 <br />