HomeMy WebLinkAboutDecember 2008THE PUBLIC RELATIONS
COMMUNITY EDUCATION COMMIT hE
OF
THE HISTORIC PRESERVATION
COMMISSION
OF SOUTH BEND & ST. JOSEPH COUNTY
WILL MEET IN THE H.P.C. CONFERENCE ROOM
ON
DECEMBER 1, 2008
AT 1:00 P.M.
AGENDA:
2009 RESTORE MICHIANA EVENT
THE NOMINATING COMMITTEE
OF
THE HISTORIC PRESERVATION
COMMISSION
OF SOUTH BEND & ST. JOSEPH COUNTY
WILL MEET IN THE H.P.C. CONFERENCE ROOM
ON
DECEMBER 5, 2008
AT 12:00 P.M.
AGENDA:
2009 SLATE OF CANDIDATES
MISCELLANEOUS
z
;
f (12/15/2008) Catherine Hostetler- SBSJC HPC Nominating minutes 120508.doc Page 1
Historic Preservation Commission of South Bend and St. Joseph County
Nominating Committee Meeting
December 5, 2008
12:00 p.m.
1) Call To Order
The meeting was called to order at 12:00 p.m. at the offices of the Historic
Preservation Commission of South Bend and St. Joseph County.
2) Members Present
Linda Riley, Jerry Niezgodski, Todd Zeiger. Mary Jane Chase was not able to
attend.
3) Review of duties of the committee
The duties of the committee were reviewed. They are to develop a recommended
slate of officers for the 2009 year for adoption by the Commission.
4) Review of current officers
a. President- Timothy S. Klusczinski
b. Vice President: Lynn Patrick
c. Secretary: Linda Riley
d. Treasurer: MaryJane Chase
5) Development of proposed slate for 2009
a. President- Timothy Kluszinski
b. Vice President- Lynn Patrick
c. Secretary: Linda Riley
d. Treasurer: Mary Jane Chase
6) Other business
The committee also discussed some possible people to fill vacant slots on the
Historic Preservation Commission. The City of South Bend is advertising for
applicants. The Mayor has one appointment who is supposed to be a Republican
and the County has one appointment who also is supposed to be a Republican.
Interested candidates should talk to President Tim Klusczinski.
THE LEGAL AFFAIRS COMMITTEE
OF
THE HISTORIC PRESERVATION
COMMISSION
OF SOUTH BEND & ST. JOSEPH COUNTY
WILL MEET IN THE H.P.C. CONFERENCE ROOM
ON
DECEMBER 5, 2008
AT 2:00 P.M.
AGENDA:
CHANGES TO THE CERTIFICATE
OF APPROPRIATENESS
PROCEDURES
MISCELLANEOUS
(12/15/2008) Catherine Hostetler -Legal affiarsTminutes.doc
�.
Historic Preservation Commission of South Bend and St. Joseph County
Legal Affairs Committee
December 5, 2008 ,
2:00 p.m.
1) Call To Order
2) Members Present
Catherine Hostetler, Todd Zeiger, Larry Meteiver also in attendance Tim I{luczinski
3) Review of recommendations of the director for changes to COA rules/procedures
Deadline for submission of COA Application
A general discussion was held regarding issues that are arising with the late submission of
applications for Certificates of Appropriateness. Staff is seeking a solution to provide adequate time
for staff review and due diligence gathering of COA Applications as a precursor to providing the
Commission with data on which to make their decision. Late applications make it nearly impossible
for the staff to complete their due diligence and still get complete packets out the Commission one
week before the meeting.
A number of ideas were explored. Consensus was reached that the following four changes be
approved by the Commission as part of our COA Application procedures
1) Applications for a Certificate of Appropriateness must be .submitted to the office of the Historic Preservation
Commission of South Bend and St. Joseph County 0 5.00p.m. on the first Monday of each month. If the 1" Monday
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"
Tuesday.
2) Applications submitted after the deadline may or may not be placed on the next Commission agenda depending, at
the discretion of the staff who will determine if a) there is still sufficient time for staff to complete the necessary due
diligence around the application and provide the Commission with the information prior to the meeting. B) that the
application is complete and therefore received (see below).
3) Applicants submitting a COA application after the deadline will be required to sign a waiver of the 45/60 day
rule in order for the matter to be placed on the next agenda.
4) The COA Application be modified to include a line to indicate when the application was submitted (Date) at the
office. The submitted date will be different than when an application is considered to be received. An application will
considered to be received (and therefore will receive the official COA Number) only when staff has determined that the
application is complete by including all the necessary material as outlined in the Commission's enabling ordinance. The
45160 day clocks outlined in the enabling ordinance will on# start once an application is considered received.
Fine for late submission
After careful consideration, it was determined that the ability of the Commission staff or
Commission to establish a fine for late submissions is not within the authority as granted to it under
either the Commission's enabling ordinance at either the local or State level.
Fee for special meeting
1 (12%15/2008) Catherine Hostetler - Legal affiars,minutes.doc, Page 2
The notion of instituting a fine or fee for the cost of a special meeting was explored. Discussion
revolved around the notion that the Commission and its staff are bound to serve the public. Any fee
for a special meeting would have to be directly attributable to actual cost incurred by the
Commission outside its normal business. Since none of the Commissioners receive compensation for
their duties and the office and staff costs remain the same — the actual attributable cost would be the
cost to provide notice in the South Bend Tribune and perhaps extra postage to mail out the packets.
The consensus was that imposing a fine or fee for special meetings was not a practical solution.
4) Other business
It was recommended that the Commission formally adopt the COA application and its associated
language.
AGENDA OF THE DECEMBER 15,2008
COMMISSION MEETING
Regular Meeting THIRTEETH FLOOR- ROOM 1308
County -City Building
MONDAY, December 15,2008 7:OOPM
I. CALL TO ORDER, ROLL CALL
II. PUBLIC HEARING
A. CERTIFICATE OF APPROPRIATENESS
1. COA #2008-1030 611 Edgewater Edgewater Place LHD
B. LANDMARKS
`QN,M15510NFN3'
Or
U
O { H
2
oe co
III. HEARING OF VISITORS
IV. REGULAR BUSINESS
A. APPROVAL OF MINUTES
VIII O
November 17, 2008
�..�
November 21, 2008
�(
B. TREASURER'S REPORT
Location Report
C. STAFF REPORTS
1. Correspondence
2. C of A Approvals
3. Directors Report
4. Assistant Director Report
40)5.
Legal Counsel
D. COMMITTEE REPORTS:
1. President's'Report
2. Nominating Committee
3. Legal Affairs Committee
H
IV. OLD BUSINESS
V. NEW BUSINESS
1111
1. Renewal of Preservation Specialist Contract
2. Code of Ethics
VI. ADJOURNMENT
`QN,M15510NFN3'
Or
U
O { H
2
oe co
4
Location Budget as of 11-30-2008
Note: Includes transactions after the last posted date of 07-01-2008
Fund: 001 County General for 01/01/2008 thru 11/30/2008
Loc: 037 Historic Preservation
Account
Unencumbered
Original
AddfI/Adj
Total
Balance/Percent
Object
Description
Appropriation
Appropriation
Appropriation
Encumbrance
11075
Deputy Director
30,000.00
0.00
30,000.00
0.00
000
General GovT.
10,141.84
15.35
15.35
11309
Historic Preservation Admin.
36,050.00
0.00
36,050.00
0.00
000
General GovT.
284.81
30.20
30.20
10000
Totals
66,050.00
0.00
66,050.00
0.00
21030
Office Supplies
700.00
131.98
831.98
0.00
000
General GovT.
1,528.89
4.46
4.46
22010
Gas Oil & Lubricants
880.00
63.18
943.18
0.00
000
General GovT.
900.00
100.00
100.00
22120
Garage & Motor Supplies
700.00
0.00
7.00.00
0.00
000
General GovT.
160.00
100.00
100.00
20000
Totals
2,280.00
195.16
2,475.16
0.00
31070
Other Contractual Services
29,000.00
5,298.50
34,298.50
0.00
000
General GOVT.
32020
Travel
500.00
0.00
500.00
0.00
000
General GovT.
32050
Instruction & Training
900.00
0.00
900.00
0.00
000
General GovT.
32053
Public Relations
1,570.00
490.00
2,060.00
79.92
000
General GovT.
32200
-.Telephone
160.00
0.00
160.00
0.00
000
General GovT.
32350
Postage
2,588.00
392.88
2,980.88
0.00
000
General GovT.
33010
Publication Of Legal Notices
300.00
0.00
300.00
0.00
000
General GovT.
Saint Joseph County
User ID ksobecki 12/02/2008 11:51 AM Page 78
4
Unencumbered
I
Unexpended
Expenditure
Balance/Percent
Balance/Percent
22,631.20
7,368.80
7,368.80
24.56
24.56
33,276.96
2,773.04
2,773.04
7.69
7.69
55, 908.16
10,141.84
10,141.84
15.35
15.35
624.34
207.64
207.64
24.96
24.96
658.37
284.81
284.81
30.20
30.20
210.06
489.94
489.94
69.99
69.99
1,492.77
982.39
982.39
39.69
39.69
32,769.61
1,528.89
1,528.89
4.46
4.46
179.55
320.45
320.45
64.09
64.09
0.00
900.00
900.00
100.00
100.00
515.58
1,464.50
1,544.42
71.09
74.97
0.00
160.00
160.00
100.00
100.00
1,666.15
1,314.73
1,314.73
44.11
44.11
146.87
153.13
153.13
51.04
51.04
User ID ksobecki 12/02/2008 11:51 AM Page 78
4
LocatioHget as of 11-30-2008
Note: Includes transactions after the last posted date of 07-01-2008.
Fund: 001 County General for 01/01/2008 thru 11/30/2008
Loc: 037 Historic Preservation
Account
Original
Addt'I/Adj
Total
Object
Description
Appropriation
Appropriation
Appropriation
33100
Printing
1,200.00
3,416.00
4,616.00
000
General GovT.
300.00
0.00
0.00
37100
Auto Lease
300.00
0.00
300.00
000
General Gov'T.
28.00
39010
Dues & Subscription
300.00
0.00
300.00
000
General GovT.
0.00
0.00
39600
Refunds, Awards & Indemnities
0.00
0.00
0.00
000
General Gov'T.
15.33
79.92
47,167.78
39750
Data Processing
400.00
2,208.60
2,608.60
000
General Gov'T.
104, 568.71
12, 900.51
12, 980.43
30000
Totals `
37,218.00
11,805.98
49,023.98
Location Totals 105,548.00 12,001.14 117,549.14
Investment Accounts
Transfer Accounts
User ID ksobecki
12/02/2008 11:51 AM
Saint Joseph County
Page 79
Unencumbered
Unexpended
Encumbrance
Expenditure
Balance/Percent
Balance/Percent
0.00
3,580.00
1,036.00
1,036.00
22.44
22.44
0.00
300.00
0.00
0.00
0.00
0.00
0.00
272.00
28.00
28.00
9.33
9.33
0.00
5,529.42
(5,529.42)
(5,529.42)
0.00
0.00
0.00
2,208.60
400.00
400.00
15.33
15.33
79.92
47,167.78
1,776.28
1,856.20
3.62
3.79
79.92
104, 568.71
12, 900.51
12, 980.43
10.97
11.04
0.00
0.00
104,568.71
Page 79
Location Budget as of 11-30-2008
Note: Includes transactions after the last posted date of 07-01-2008.
Unencumbered
Unexpended
Expenditure
Fund: 013 County Special Gifts for 01/01/2008 thru 11/30/2008
Balance/Percent
0.00
9,123.25
Loc: 037 Historic Preservation
100.00
100.00
Account Original
Addt'I/Adj
Total
Object Description Appropriation
Appropriation
Appropriation
Encumbrance
00000 Gen Gov't 0.00
9,123.25
9,123.25
0.00
000 General Gov T.
2,273.00
2,273.00
00000 Totals 0.00
9,123.25
9,123.25
0.00
23240 Other Supplies 0.00
3,014.00
3,014.00
0.00
000 General GovT.
0.00
20000 Totals 0.00
3,014.00
3,014.00
0.00
Location Totals 0.00
12,137.25
12,137.25
0.00
Investment Accounts
Transfer Accounts
I
Saint Joseph County
User ID ksobecki 12/02/2008 11:51 AM Page 148
Unencumbered
Unexpended
Expenditure
Balance/Percent
Balance/Percent
0.00
9,123.25
9,123.25
100.00
100.00
0.00
9,123.25
9,123.25
100.00
100.00
741.00
2,273.00
2,273.00
75.41
75.41
741.00
2,273.00
2,273.00
75.41
75.41
741.00
11,396.25
11,396.25
93.89
93.89
0.00
0.00
741.00
i
User ID ksobecki 12/02/2008 11:51 AM Page 148
National Alliance of Preservation Commissions
Code of Ethics for Commissioners and Staff
Preamble
Preservation commissions have been established by local governments through-
out the United States to promote the preservation and appropriate development
of heritage resources in their communities. The National Alliance of Preserva-
tion Commissions (NAPA is the only organization devoted solely to represent-
ing the nation's preservation commissions. Its mission is "to build strong local.
preservation programs through education, advocacy and training." As part of
that mission, the NAPC has developed this Code of Ethics to promote and main-
tain the highest standards of honesty, integrity and professionalism among the
commissioners and staff who serve their communities through preservation
commissions.
These principles are derived from general societal values and recognized princi-
ples of professional responsibility. As societal values compete, so may ethical
principles. The need for full public disclosure may compete with the need to
respect confidential information, for example. The ethical commissioner or staff
member must carefully balance various public and private interests based on the
facts and context of each situation guided by the commitment to serve the public
interest.
Individual commissioners should be knowledgeable, accurate, honest and forth-
right in their dealings with other commissioners, local elected officials and staff,
applicants and the general public. Although not elected by the public, preserva-
tion commissioners are accountable for their actions in the communities they
FY-ATL4
This Code of Ethics comprises guidelines for ethical conduct organized under
three main categories:
Responsibility to the Community
Responsibility to the Profession
Standards of Professional Conduct
Under each category"are statements of principle to guide preservation commis-
sioners and staff in choosing ethical courses of action for heritage preservation
in their communities. The NAPC endorses this Code as the ethical benchmark
to which all its members should aspire. In the absence of professional licensure
for preservation commissioners and staff, the adherence to a code of ethics is a
matter of personal responsibility. However, preservation commissions may
wish to adopt these principles and standards as a guide. Although stated in the
plural, each suggested rule also applies to an individual commissioner or staff
member.
NAPC • P.O. Box 1605 • ATHENS, GA 30603.706-541-0169
"Helping local preservation commissions succeed through education, advocacy, and training"
Responsibility to the Community
The most effective historic preservation takes place locally, and all preservation commissioners
and staff should remember that it is their duty, as public servants, to advance the greater good
of the community.
1. Commissioners and Staff should be advocates for the community's heritage resources, striv-
ing to protect their integrity while recognizing the rights of citizens, individually and collec-
tively, to their beneficial use and enjoyment.
2. Commissioners and Staff should promote public awareness, appreciation, access and sup-
port for the preservation of heritage resources.
3. Commissioners and Staff should develop standards and guidelines that are appropriate for
the resources and protect the community's unique character, environment and quality of life.
4. Commissioners and Staff should respect the diversity of heritage resources that may hold
different meanings for various groups and communities.
5. Commissioners and Staff should respect the public's right to know by providing full, clear
and accurate information and observing both the letter and spirit of open meetings and open re-
cords laws.
6. Commissioners and Staff should provide opportunities for meaningful public participation
in the work of the commission.
7. Commissioners and Staff should make timely, fair, informed and impartial decisions that
guarantee citizens' rights to due process and equal protection under the law.
8. Commissioners and Staff should be sensitive to the interrelatedness of their decisions and
the long-term implications for the resources and the community.
9. Commissioners and Staff should seek compromises or search for alternatives where neces-
sary to achieve overall preservation goals and provide substantial justice for citizens.
10. Commissioners and Staff should recognize that the historic built environment changes over
time and encourage new development that respects the historic character and fabric that pre-
ceded it.
11. Commissioners and Staff should continually evaluate and update their plans, ordinances,
standards, guidelines and procedures to ensure they -meet the community's current and future
needs.
12. Commissioners and Staff should always strive to make decisions that are in the best interest
of the community.
Responsibility to the Profession
Preservation commissioners and staff are drawn from many disciplines and backgrounds. The
common thread that joins them is their interest and commitment to preserve heritage resources
in their communities. A multi -disciplinary profession has developed over the years from the
historic preservation movement, and commissioners and staff have an obligation to advance the
best interests of this profession in the context of their commission work.
1. Commissioners and Staff should be mindful that they are representatives of the greater lo-
cal, state, and national preservation community and conduct themselves in a way that brings
credit to their commission and the profession.
2. Commissioners and Staff should share their knowledge and experience and contribute to the
development of other colleagues, particularly newly appointed commissioners, students, and
interns.
3. Commissioners and Staff should actively promote heritage preservation and strive to in-
crease the involvement of underrepresented groups.
4. Commissioners and Staff should support through their memberships and other contributions
organizations that promote heritage preservation.
5.' Commissioners and Staff should work collaboratively with related professionals and profes-
sional organizations whose actions also affect heritage conservation including, but not limited
to, planners, code officials, architects, landscape architects, archaeologists, attorneys, realtors,
and developers.
6. Commissioners and Staff should treat fairly and comment responsibly on the professional
views of colleagues and members of other professions.
7. Commissioners and Staff should render all practicable assistance to other colleagues and
organizations in an emergency when heritage resources are at risk.
8. Commissioners and Staff should acquire a depth of knowledge that will enable them to ex-
plain to others the role of heritage preservation in a complex, modern world.
9. Commissioners and Staff should recognize that the field of heritage preservation is con-
stantly evolving and actively pursue continuing educational opportunities in order to maintain,
refine and enhance their capabilities as practitioners.
Standards of Professional Conduct
As public servants, commissioners and staff are expected to conduct themselves in accordance
with the law. These standards set forth both a baseline for such legal conduct as well as aspi-
rational goals for ethical behavior that may require a conscientious effort to attain.
1. Commissioners and Staff should thoroughly understand the legal framework of heritage
preservation and consistently operate within the bounds of their authority and responsibility un-
der the law.
2. Commissioners and Staff should treat all citizens fairly, impartially and with respect, and
refrain from discrimination or harassment of any kind.
3. Commissioners and Staff should not accept gifts or favors under any circumstances where it
might appear that acceptance could influence their judgment.
4. Commissioners and Staff should disclose all personal or financial advantages that might ac-
crue to them, their business interests or family members either directly or indirectly from a rec-
ommendation or decision.
5. Preservation Commissioners and Staff who have an actual or apparent conflict of interest in
a matter coming before them should recuse themselves entirely from deliberations and deci-
sions.
6. Commissioners and Staff are obligated to utilize their knowledge and experience to make
decisions and therefore should abstain from participating and voting only in cases of a bona fide.
conflict of interest.
7. Commissioners and Staff should not disclose confidential information obtained in the
course of their duties, except as required by the law, or use confidential information to further a
personal interest.
8. Commissioners and Staff should not abuse their office by advancing an agenda that is not in
0
the best interest of the community or heritage preservation.
9. Commissioners and Staff should seek the advice of colleagues or other professionals on
matters that fall outside their expert knowledge or competence.
10. Commissioners and staff should be consistent in their actions and recommendations, treat-
ing similarly situated properties similarly and providing clear explanations when different treat-
ment is required.
11. Commissioners and Staff should reveal illegal conduct on the part of other commissioners,
staff, officials, applicants or their representatives to an appropriate higher authority.
12. Commissioners and Staff should not participate in deliberations or decisions without ade-
quate preparation and knowledge of the matter before them.
13. Commissioners and Staff should avoid dishonesty, never misrepresenting facts or distorting
information to achieve a desired outcome.
14. Commissioners and Staff should recognize the uniqueness of heritage properties, applying
preservation theories, methods, and standards appropriate to each particular case.
15. Commissioners and Staff should be sensitive to ethical issues and ensure they are raised,
critically analyzed, and addressed by the commission and other appropriate authorities.
This Code of Ethics was developed by members of the NAPC through an interactive process
beginning with a series of facilitated sessions held during the July 2006 NAPC FORUM in Bal-
timore, MD. The resulting set of principles was further developed and refined by members dur-
ing the following three-month period leading up to the November 2006 annual meeting of
NAPC in Pittsburgh, PA. The effort was supported by the Board of Directors and staff of
NAPC and coordinated by Professor James K. Reap, an attorney and member of the Board,
with the involvement of the Historic Preservation Advocacy and Professional Development
class in the Master of Historic Preservation Program at the University of Georgia. The NAPC
would like to acknowledge the organizations whose guidelines and materials were relied on in
developing this code: the American Institute of Architects (AIA), American Planning Associa-
tion (APA), American Institute of Certified Planners (AICP), American Institute for Conserva-
tion of Historic and Artistic Works (AIC), and International Council on Monuments and Sites
(ICOMOS).
4
DECEMBER, 2008
DIRECTOR'S REPORT
NOVEMBER 19-24 COMPLETED AND MAILED ANNUAL CLG REPORTS FOR
SOUTH BEND AND ST. JOSEPH COUNTY TO STEVE KENNEDY. ALSO
REQUESTED THIS YEAR WERE ELECTRONIC COPIES OF THE ENABLING
ORDINANCES AND THE COMMISSION'S BY-LAWS.
NOVEMBER 20 PREPARED INVOICE FOR CITY OF SOUTH -BEND SECOND
INSTALLMENT OF $12,500-00
NOVEMBER 21 SPECIAL MEETING FOR 304 S. TWYCKENHAM AT HPC
OFFICES.
NOVEMBER 24 COMPLETED (3) 106 REVIEWS AND SUBMITTED LETTERS
FOR TWYCKENHAM BRIDGE RESTORATION AND EDDY/SR23 INTERSECTION
NOVEMBER 25 MEETING WITH TERRY DE ROSA AND THE BSSB
CONCERNING THE CONSERVATORIES AND HOLIDAY EVENTS IN DECEMBER.
DISCUSSION WITH KEN PRINCE OF MISHAWAKA CONCERNING THEIR HPC AT
MARK DOBSON'S REQUEST.
NOVEMBER 26 -DECEMBER 4 COMPLETED YEAR END BUDGET PROCESS
FOR ENCUMBERING FUNDS AND SUBMITTING PURCHASE ORDERS.
DECEMBER 1 RESTORE MICHIANA 2009 MEETING.
DECEMBER 2 CONTINUED CONVERSATION WITH KEN PRINCE.,
DECEMBER 5 MEETING WITH LINDA ROHM AND TOM LOWER OF
FAMILIES FIRST CONCERNING 419-421 NAVARRE. LEGALAFFAIRS
COMMITTEE MEETING CONCERNING CHANGES TO COA.
DECEMBER 1 1 106 REVIEW OF ROUND ABOUT PROPOSED FOR
INTERSECTION OF IRONWOOD AND AUTEN. OPEN HOUSE AT 904 EAST
JEFFERSON BLVD.
DECEMBER 12 REVIEWED THE COMMISSION'S CERTIFICATE -SALE
LISTINGS (770 ADDRESSES) FOR HISTORIC PROPERTIES TO BE HELD IN
JANUARY -FEBRUARY, _2009. FOUND TWO PROPERTIES, ONE IN EDGEWATER
AND ONE IN CHAPIN PARK; AND 15 IN ST. CASIMIR'S NRD, I IN E.
WASHINGTON NRD AND 1 IN THE SOUTH MICHIGAN NRD.
Assistant Director's Report
HPC Meeting —12/15/2008
• Returned to work!
• Conducted two planning meetings with Jennifer of HLFI regarding Restore
Michiana and In -Service Day. .
• Attended meeting with Todd, Tim, Paul, Jennifer, Catherine, Wayne, Linda
Riley regarding RM and sponsorship and funding strategies.
• Brainstormed class ideas for RM, began working on contacts for possible
presenters.
• Communicated with St. Joseph's High School regarding facilities.
• Finalized agenda for In -Service Day.
• Faxed invitations to In -Service Day to invitees to Rypkema's Executive
Session. Following up with personal phone calls 12/15.
• Discussed City Cemetery Trust Fund with Bill Carleton of Parks Dept.
• Met with Lincoln Hwy Association regarding speaker for National Conf.
• Received notification from Cornelius O'Brien fund that LHA speaker Dan
Marriott would be partially funded for national conference appearance.
• Wrote Cornelius O'Brien grant application for Don Rypkema.
• Forwarded information to Steve Kennedy of DHPA to determine funding
level available from the state. Still waiting on decision.
• Confirmed that Genell Scheurell will be attending In -Service Day and
Restore Michiana event.
• Received logos from National Trust for use on materials.
• Confirmed Todd Zeiger is teaching Realtor's class.
• Confirmed Bob Yapp's participation in In -Service Day and Restore
Michiana.
• Contacted MACIAF and AIA regarding sponsorship — decisions pending.
Historic Preservation Commission
President's Report — December 15th, 2008
• 11/21: HPC special meeting to consider C of A application #2008-1113. Others
present: Lynn Patrick, Linda Riley, David Sassano, Jerry Niezgodski, Mary Jane
Chase, & Catherine Hostetler. Petitioner: Kevin Buccellato
• 12/01: Public Affairs and Education Committee: Restore Michiana planning
Session. Others present: Todd Zeiger (Acting Chair), Linda Riley, Catherine
Hostetler, Amy Minnick, Jennifer Gregar, Paul Hayden & Wayne Doolittle
• 12/05: Attended HPC Legal Affairs Committee meeting. Others present: Todd
Zeiger (Chair), Catherine Hostetler & Larry Meteiver
• 12/15: Restore Michiana Update. Others present: Amy Minnick, Wayne Doolittle
& Catherine Hostetler
MINUTES OF A MEETING OF THE
HISTORIC PRESERVATION COMMISSION OF SOUTH BEND 8,
ST. JOSEPH COUNTY
December 15, 2008
13th Floor Conference Room
County City Building
South Bend, IN 46601
Members Present: Timothy S. Klusczinski, David Sassano, Mary Jane
Chase, Linda Riley
Staff Present: Larry Meteiver, Attorney; Catherine Hostetler, Director
Absent: Todd Zeiger, Jerry Niezgodski, Lynn Patrick
PUBLIC HEARING:
In the absence of the homeowner, Laura Mallozzi, President Klusczinski
asked for a motion to table COA#2008-1030 until the January 26, 2008
meeting. Staff was requested to send a letter notifying Ms. Mallozzi of
her options to either come to the meeting in January with the bids or to
risk having her COA denied.
On a motion by Linda Riley with a second by David Sassano the
Commissioners voted unanimously to table COA 2008-1030 until
January 26, 2008.
There were no visitors or members of the public present.
REGULAR BUISNESS:
President Klusczinski asked that if there were no changes or corrections
to the minutes for the meetings held on November 17, 2008 and
November 21, 2008 that they could be approved by Consensus. The
minutes for both meetings were adopted by Consensus.
The Treasurer's Report was accepted.
STAFF REPORTS:
Catherine Hostetler submitted the Director's Report and the Assistant
Director's Report to the Commissioners. Catherine distributed the HPC
2009 meeting schedule. It was decided to continue to meet on the 13th
Floor Conference Room. There was no report submitted by Legal.
1
COMMITTEE REPORTS:
------------1.------PRESIDENT'S REPORT: -President Klusczinski distributed his -- -
report.
2. NOMINATING COMMITTEE
Historic Preservation Commission of South Bend and St. Joseph County
Nominating Committee Meeting
December 5, 2008
12:00 p.m.
a. Call To Order
The meeting was called to order at 12:00 p.m. at the offices
of the Historic Preservation Commission of South Bend
and St. Joseph County.
b. Members Present
Linda Riley, Jerry Niezgodski, Todd Zeiger. Mary Jane
Chase was not able to attend.
c. Review of duties of the committee
The duties of the committee were reviewed. They are to
develop a recommended slate of officers for the 2009 year
for adoption by the Commission.
d. Review of current officers
President: Timothy S. Klusczinski
Vice President: Lynn Patrick
Secretary: Linda Riley
Treasurer: Mary Jane Chase
e. Development of proposed slate for 2009
President: Timothy Kluszinski
Vice President: Lynn Patrick
Secretary: Linda Riley
Treasurer: Mary Jane Chase
f. Other business
The committee also discussed some possible people to fill
vacant slots on the Historic Preservation Commission. The
2
City of South Bend is advertising for applicants. The
Mayor has one appointment who is supposed to be a
Republican and the County has one appointment who also
is supposed to be a Republican. Interested candidates
should talk to President Tim Klusczinski.
_ The slate of 2009 Officers was read. _Ina motion by David Sassano with a second by
Linda Riley the 2009 Slate of Officers was unanimously approved.
3. LEGAL AFFAIRS COMMITTEE
Historic Preservation Commission of South Bend and St. Joseph County
Legal Affairs Committee
December 5, 2008
2:00 p.m.
Call To Order
Members Present
Catherine Hostetler, Todd Zeiger, Larry Meteiver also in attendance Tim Klusczinski
Review of recommendations of the director for changes to COA rules/procedures
Deadline for submission of COA Application
A general discussion was held regarding issues that are arising with the late submission of
applications for Certificates of Appropriateness. Staff is seeking a solution to provide
adequate time for staff review and due diligence gathering of COA Applications as a
precursor to providing the Commission with data on which to make their decision. Late
applications make it nearly impossible for the staff to complete their due diligence and still
get complete packets out the Commission one week before the meeting.
A number of ideas were explored. Consensus was reached that the following four changes
be approved by the Commission as part of our COA Application procedures
1) Applications for a Certificate ofAppmpriateness must be submitted to the of ce of the Historic
Preservation Commission of South Bend and St. Joseph Corrnty by 5:00 p.m. on the first Monday of each
month. If the 1 n Monday of the month is a Federal or City Holiday and the office is oleially closed, then the
deadline will be 5:00 p.m. of their Tuesday.
2) Applications submitted after the deadline may or may not be placed on the next Commission agenda
depending, at the discretion of the staff who will determine if a) there is still sufficient time for staff to complete
The necessary due diligence around the application and provide the Commission with the information prior to
the meeting. B) that the application is complete and therefore received (see below).
3) Applicants submitting a COA application after the deadline will be required to sign a waiver of the
45160 day rule in order for the matter to be placed on the next agenda.
3
4) The COA Application be modified to include a line to indicate when the application was submitted
(Date) at the office. The submitted date will be d�erent than when an application is considered to be received.
An application will considered to be received (and therefore will receive the official COA Number) only when
staff has determined that the application is complete by including all the necessary material as outlined in the
Commission's enabling ordinance. The 45/60 day clocks outlined in the enabling ordinance will only start
once an application is considered received.
Fine for late submission
After careful consideration, it was determined that the ability of the Commission staff or
Commission to establish a fine for late submissions is not within the authority as granted to
it under either the Commission's enabling ordinance at either the local or State level.
Fee for special meeting
The notion of instituting a fine or fee for the cost of a special meeting was explored.
Discussion revolved around the notion that the Commission and its staff are bound to serve
the public. Any fee for a special meeting would have to be directly attributable to actual cost
incurred by the Commission outside its normal business. Since none of the Commissioners
receive compensation for their duties and the office and staff costs remain the same — the
actual attributable cost would be the cost to provide notice in the South Bend Tribune and
perhaps extra postage to mail out the packets. The consensus was that imposing a fine or fee
for special meetings was not a practical solution.
OTHER BUSINESS
It was recommended that the Commission formally adopt the COA application and its
associated language.
After a brief discussion President Klusczinski said that he would entertain a motion to
accept the recommendations and policy changes of the Legal Affairs Committee.
On a motion by Mary Jane Chase with a second by David Sassano the Commissioners
unanimously approved the recommendations and policy changes of the Legal Affairs
Committee.
Catherine Hostetler then presented the Preservation Specialist Contract for 2009 for the
Commissioners' approval. On a motion by Mary Jane Chase with a second by David
Sassano the Commissioners unanimously approved the Preservation Specialist 2009
Contract.
Larry Meteiver requested that the Commission adopt a resolution to amend their By -Laws to
include the National Alliance of Preservation Commission's Code of Ethics for
Commissions and Staff. The vote would take place at the January 26, 2009 meeting.
On a motion by President Klusczinski with a second by Linda Riley the Commissioners
voted unanimously to place the resolution to amend the by laws on the January 26, 2009
agenda for adoption.
CI
President Klusczinski announced that he had an additional new business item that he would
like to propose and that was to instruct Staff to prepare a National Register Nomination for
Marquette School. After a brief discussion concerning Marquette's local landmark
designation and the benefits of the National Register status President Klusczinski asked for a
motion. On a motion by Mary Jane Chase with a second by Linda Riley the Commissioners
voted unanimously to have the Staff prepare the National Register Nomination for
- - Marquette School. - - - - - - ---
Since there was no additional business President Klusczinski entertained a motion for
adjournment. The meeting adjourned at 7:50 p.m.
5
SOUTH BEND & SAINT JOSEPH COUNTY
HISTORIC PRESERVATION COMMISSION
December 15, 2008 MEETING
GUESTS: PLEASE SIGN THIS LIST SO THAT,
YOUR PRESENCE CAN BE NOTED FOR OUR,
MINUTES
Print Name Address Signature