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really nothing to prevent the Commission from doing that now. <br />Commissioner Talley inquired if ex -parte was to be included in this document. <br />Mrs. DeRose_ replied that was up to the Commissioners. She explained it would <br />serve to protect the Commissioners if it were handed out to the public so they <br />would know not, to contact the Commissioners. She said the other side of the <br />issue is maybe. there_ is-, already too much -in this document.. President Oxian <br />stated. in_ .his . opinion ..it -should be left._ out. Commissioner Talley moved to <br />amend Commissioner Choitz motion to include ex -parte. The motion died for lack <br />of a second. <br />President Oxian called for the vote on Commissioner Choitz motion. The motion <br />Passed unanimously. <br />Mrs.. DeRose noted she would be.absent .from the next Commission meeting and <br />would have the revised procedures ready at the August meeting. <br />b. Mrs. DeRose explained. the resolution to approve the Preservation Plan had <br />to be approved by the Area .Plan. Commission prior to receiving approval from <br />the Common Council. She said the Preservation Plan would come before Area Plan <br />Tuesday, June 20. She noted after .the plan is approved by Area Plan and the <br />Council, then the Commission would have means by which to approve any further <br />landmarks. <br />c. Mrs. DeRose, explained. she _hadtried-..to slip through a .way for the <br />Commission itself to .proposed _.districts and landmarks. She said due to a <br />technical hang-up in the state legislature, the Commission could not currently <br />do so because it is a creature of zoning. She said zoning changes were able to <br />be initiated .by certain, groups .of which the HPC was not one. She said she <br />tried to sneak a change in. the. Ordinance through the Council but was caught. <br />She said the way around this was to _get the statute changed. She explained <br />when the state made the changes on who could introduce zoning changes, they <br />were not thinking about South Bend's Preservation Commission. She said she <br />didn't feel they intended to tie the Commission's hands when they amended the <br />code, about three years ago- She explained the remedy seemed to be to get a <br />amendment for St. Joseph County. <br />Mrs. DeRose said part of. the Ordinance was still, going through which would <br />ensure only one public hearing was held by the Commission on local historic <br />districts. She noted there was currently the possibility of having to have two <br />public hearings. Mrs. DeRose said the Ordinance change would be up, for first <br />reading next Monday. A discussion. ensued on whether the Ordinance was before <br />Area Plan or not. <br />President Oxian commented certain people had inquired if__.the..HPC wanted to <br />reorganize under the enabling legislation.. President Oxian said his reply had <br />been the Commission. would definitely .not want to do that. Mrs. DeRose said <br />there were-lots.of_ advantages to operating the way the HPC does now rather <br />than under -the enabling act. She noted there were a lot of restrictions that <br />come under the enabling act.and the.South Bend HPC could choose from the best <br />of the regulations. and. not- use,. the more restrictive regulations. President <br />Oxian said if ..the HPC opted to operate under the state enabling legislation, <br />they would no longer be appointed by different agencies, rather they would all <br />be appointed by..the Mayor for the City or the County Commissioners for the <br />