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November 2007
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November 2007
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South Bend HPC
HPC Document Type
Minutes
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1001361
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567 Joann Sporleder: I move, what is the number for this, I move that C of A 2007-1107 <br />568 for 710 Park Avenue be approved because the proposal... <br />569 Tim Klusczinski: You don't have to state a reason. <br />570 Joann Sporleder: I know, but I'd like to. Because it does no harm in any way to the <br />571 existing structure, it seems to be architecturally appropriate, and it <br />572 does the public no harm. <br />573 <br />Linda Riley: <br />Second. <br />574 <br />Tim Klusczinski: <br />Motion has been made and seconded. <br />575 <br />Shawn Peterson: <br />For the record, because the motion is to approve, if you vote <br />576 <br />589 <br />against it, you do not need to state a reason. If you vote to deny is <br />577 <br />when you need to state your reasons. <br />578 <br />Joann Sporleder: <br />I understand that, Shawn, I just wanted to state why I was... <br />579 <br />Tim Klusczinski: <br />For her... <br />580 <br />Shawn Peterson: <br />So if you vote against this motion you don't have to state your <br />581 <br />reasons why, but if you had entertained a motion to deny you <br />582 <br />would have to. <br />583 Tim Klusczinski: Really? <br />584 Shawn Peterson: <br />A motion to approve if it fails, does not end. You need a motion to <br />585 <br />deny to pass. So as far as the rationale in the ordinance, as far as <br />586 <br />stating your rationale, it's when you vote on a motion to deny, not <br />587 <br />necessarily a negative motion on a motion to approve. <br />588 Joann Sporleder: <br />But the same thing applies if you make a positive motion and the <br />589 <br />motion is defeated. <br />590 Shawn Peterson: No, that doesn't apply. You have to have a motion to deny. <br />591 Joann Sporleder: No, that's not right Shawn. <br />592 Tim Klusczinski: I'll defer to counsel tonight. Motion has been made and seconded. <br />593 Any other discussion? So, to clarify Shawn, you're suggesting that <br />594 motions in favor or motions to deny don't require an explanation at _ - <br />- -- <br />595 this point? <br />596 Shawn Peterson: A motion has been made to approve, if that motion should fail then <br />597 action has not been taken by the Commission. It's when a motion <br />17 <br />
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