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July 1995
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HPC Meeting Minutes 1995
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July 1995
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South Bend HPC
HPC Document Type
Minutes
BOLT Control Number
1001403
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that often a person will be asked to clarify or explain something two or three <br />times. Mrs... DeRose said that- if- the Commission wanted clarification or wished <br />to have,,. the_ member. _of_ the-- public present again,. the Commission, has that <br />prerogative, however_this rule was. to., prevent a member, of...the public from <br />presenting and. -.-then once someone else has spoken to present again. <br />Commissioner Fine inquired if the petitioner could request a right of rebuttal <br />Jf the _Commission approves It., Mrs— DeRose..said she felt .that. rebuttal was a <br />separate issue.. President. Oxian, asked if.-.. the- right - of.- rebuttal should be <br />included.._Mrs..,DeRose,,.said..she. ._ felt. the Commission .did, not. have -to _grant a <br />right, of_ rebuttal to. everyone. She said these rules were. created to increase <br />the. HPC meeting efficiency,. and -.that, the Commission could hear rebuttals and <br />counter.rebuttals all night..President Oxian explained.a.situation in which a <br />.petitioner presents._and..then._ other_ members of ---the.- public.. present. President <br />Oxian. explained. often. .the .petitioner would .like_ the right of rebuttal to <br />.address ....the_ issues. brought, up. -,by --the.. members of ..the. public. Commissioner <br />Talley pointed .out__.the.Common..Council. works...in.a manner similar to what <br />President Oxian described. Commissioner Talley suggested the right of rebuttal <br />be only for the _applicant. Commissioner Choitz suggested a time .limit for the <br />rebuttal.., Mrs.. DeRose pointed out in the procedures she .had prepared, if a <br />second presentation was allowed.it was limited to three minutes. Commissioner <br />Choitz. inquired who,.would .be .responsible. for the clock. Mrs. DeRose it would <br />-be .the. President ._.or.., whomever __the .President .appointed to be responsible. She <br />pointed out if the Commission enforced these time limits, people would get the <br />message these rules mean something. A discussion on.timers ensued. <br />Commissioner Choitz moved to approve the Rules for Conduct of Business for the <br />Historic Preservation Commission as corrected that the meetinz can take place <br />anvwhere in St. Joseph Countv as designated in I.A.. under II.B. a homeowner <br />can speak twice in a rebuttal to opposition to a COA limited to a three minute <br />Presentation. and III.B. unexcused absence of a Commissioner from four <br />consecutive meetings may be the cause for removal. Commissioner Hostetler <br />seconded the motion. <br />Commissioner Sporleder voiced concern with III.B. regarding the loss of <br />membership by the appointing authority for just cause. Commissioner Sporleder <br />suggested that the removal be qualified to be on the recommendation of the <br />Commission. President Oxian read the Ordinance as it was changed. Commissioner <br />Sporleder said her concern was not with that as much as the ability of the <br />appointing authority to remove an appointee for political reasons. Mrs. DeRose <br />explained there are constitutional restrictions on political firings. She said <br />on the other hand if there was something egregious, the irresponsible <br />Commission member could..be removed. Commissioner Sporleder explained with a <br />single person appointee, someone could easily be removed at the discretion of <br />a single person. Commissioner Sporleder recommended the removal be at the <br />recommendation of the Commission. Mrs. DeRose asked if the Commissioner's <br />would want to pass judgment on each other which would disrupt the working of <br />the Commission. -Commissioner Sporleder said she felt the Commissioners could <br />do that. <br />President. Oxian_reported _on_.an._.instance when a. -Commissioner was forced to <br />resign and ._a new Commissioner, was appointed. to be in opposition to <br />presentations to the Commission. President Oxian said the Commissioner was <br />intentionally appointed to be a pain to the Commission. Commissioner Sporleder <br />said her concern was a Commissioner could be yanked off the Commission at the <br />
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