| Mr. Dziurman believes the Study Committee needs to address the issue of their |
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| relationship with City Council rejecting virtually everything that the Committee |
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| has brought before them in the last year. This includes both recommendations |
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| to list potential properties and recommendations to deny delisting. This |
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| concerns Mr. Dziurman because it appears to be a little unusual. He has |
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| prepared a potential motion that was passed out to the commissioners for |
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| review. Mr. Dziurman is concerned about what effect this has or will have on |
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| the ordinance. There are legal requirements and penalties for certain things |
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| contained within the ordinance. If the Council ignores that, that concerns Mr. |
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| Dziurman, because of what it does to the Committee's powers. When you have |
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| a Demolition by Neglect section, which carries penalties, and Council ignores |
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| this, Mr. Dziurman is afraid that in the future, someone will be able to say that |
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| our ordinance means nothing because Council doesn't follow it. The proposed |
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| motion asks the City Attorney to look into the legal requirements and procedures |
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| listed in the ordinance, the enforcement or lack of enforcement by the City of the |
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| legal and penalty requirements, and future enforcement issues, if any, that could |
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| result from these decisions by City Council. Mr. Dziurman wants to find out if |
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| there is any legal fall-out from the Committee's lack of being able to convince |
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| the City Council, with all the information that is being provided, to make their |
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| decisions. He is very concerned about what this might do to the Committee's |
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| ability to do what they are charged with doing. It is very disheartening to do all |
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| the research and be continuously turned down. |
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| MOTION by Dziurman, seconded by Hannick, that based on a number of |
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| recent decisions by the City of Rochester Hills City Council rejecting the detailed |
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| documented recommendations from the HDSC to approve the designation of |
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| proposed historic properties or deny the delisting of designated historic |
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| properties listed in the City of Rochester Hills Chapter 18 - Historical |
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| Preservation of the Code of Ordinances - that the HDSC requests clarification of |
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| and information from the City Attorney relating to the City of Rochester Hills |
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| Chapter 18 - Historical Preservation of the Code of Ordinances - specifically |
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| relating to legal requirements and procedures listed in the code, the |
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| enforcement or lack of enforcement by the City of those legal and penalty |
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| requirements and the potential future enforcement issues (if any) that could |
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| result from these decisions by the City Council. |
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