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July 2008
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HPC Meeting Minutes 2008
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July 2008
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South Bend HPC
HPC Document Type
Minutes
BOLT Control Number
1001361
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P. <br />■ The redevelopment of many historic residential communities is now subject to <br />liberal interpretations of the standards to offset as much demolition as possible— <br />Business district fagade control is mostly unaffected. Tourists that remain witlim <br />these areas would not realize the devastation and the impact of the outlying <br />disaster -affected zones. <br />o 07/11 – Commission Chair Training <br />■ The responsibility and authority bestowed upon the chair should be understood <br />within the framework of a commission's public, legal, and internal function. The <br />chair sets the tone for commission policy and is often the spokesperson for public <br />outreach - at the foreground of educational initiatives and when things become <br />controversial. It is often said that when things are going smoothly, you will see <br />commission staff member, but when trouble is brewing, the chair takes the heat. <br />■ The public will be the biggest critic or best ally to any commission. Successful <br />commissions strive to be proactive through demonstrations of fairness and public <br />educational opportunities. A chair must encourage behavior that will create a <br />positive and productive climate for both staff and board. The chair serves as a <br />liaison between the two. <br />■ Local ordinance power stems from the 10th Amendment to the US Constitution, <br />meaning that states are entitled to default authority not otherwise reserved by the <br />federal government. Laws must pass the litmus test of existing for the public <br />good, not for one person, not arbitrary and unreasonable, and for health, morals, <br />peace, quiet and general welfare. <br />• In preservation cases involving litigation, it is important to focus on theme <br />benefit to public rather than defending against particular owner <br />circumstances (individual rights or financial hardship). Many times, thl <br />individual circumstances may be alleviated through other means (tax relief <br />grants, public acquisition, zoning variances, easements, etc...) <br />• The courts have ruled that self-imposed financial hardship cannot be used <br />as a defense. Advice: get demolition by neglect provisions into your local <br />ordinance! The use of fines, penalties and eminent domain provisions are <br />also important tools to secure endangered properties. <br />• The commission chair must have a working knowledge of procedure <br />(enabling ordinance, by-laws, parliamentary procedure, governmental <br />process) to orchestrate decisions that are less likely to be challenged as <br />discriminatory or unreasonable. Be consistent! <br />• For applications, the Chair must question if the supporting evidence is <br />Sufficient, Relevant (germane), Competent, Credible, and Consistent. <br />• The chair must also verify that each application satisfies the requirements <br />for proper notice, quorum, completeness and record keeping. The chair's <br />goals are always to be clear, efficient, predictable, fair, and informed. <br />2 <br />
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