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(12/15/2008) Catherine Hostetler -Legal affiarsTminutes.doc <br />�. <br />Historic Preservation Commission of South Bend and St. Joseph County <br />Legal Affairs Committee <br />December 5, 2008 , <br />2:00 p.m. <br />1) Call To Order <br />2) Members Present <br />Catherine Hostetler, Todd Zeiger, Larry Meteiver also in attendance Tim I{luczinski <br />3) Review of recommendations of the director for changes to COA rules/procedures <br />Deadline for submission of COA Application <br />A general discussion was held regarding issues that are arising with the late submission of <br />applications for Certificates of Appropriateness. Staff is seeking a solution to provide adequate time <br />for staff review and due diligence gathering of COA Applications as a precursor to providing the <br />Commission with data on which to make their decision. Late applications make it nearly impossible <br />for the staff to complete their due diligence and still get complete packets out the Commission one <br />week before the meeting. <br />A number of ideas were explored. Consensus was reached that the following four changes be <br />approved by the Commission as part of our COA Application procedures <br />1) Applications for a Certificate of Appropriateness must be .submitted to the office of the Historic Preservation <br />Commission of South Bend and St. Joseph County 0 5.00p.m. on the first Monday of each month. If the 1" Monday <br />of the month is a Federal or City Holiday and the office is official# closed, then the deadline will be 5.00 p. m. of the 1" <br />Tuesday. <br />2) Applications submitted after the deadline may or may not be placed on the next Commission agenda depending, at <br />the discretion of the staff who will determine if a) there is still sufficient time for staff to complete the necessary due <br />diligence around the application and provide the Commission with the information prior to the meeting. B) that the <br />application is complete and therefore received (see below). <br />3) Applicants submitting a COA application after the deadline will be required to sign a waiver of the 45/60 day <br />rule in order for the matter to be placed on the next agenda. <br />4) The COA Application be modified to include a line to indicate when the application was submitted (Date) at the <br />office. The submitted date will be different than when an application is considered to be received. An application will <br />considered to be received (and therefore will receive the official COA Number) only when staff has determined that the <br />application is complete by including all the necessary material as outlined in the Commission's enabling ordinance. The <br />45160 day clocks outlined in the enabling ordinance will on# start once an application is considered received. <br />Fine for late submission <br />After careful consideration, it was determined that the ability of the Commission staff or <br />Commission to establish a fine for late submissions is not within the authority as granted to it under <br />either the Commission's enabling ordinance at either the local or State level. <br />Fee for special meeting <br />