Please note that I’ve referred to the Local Historic Districts Act (MCL 399.201, et seq) as the LHDA, the Clarkston ordinance (152.01, et seq of the Clarkston Code of Ordinances) as the Clarkston Ordinance, and the HDC charter proposal as the Charter Proposal.
Discussion:
There is nothing in the LHDA or the Clarkston Ordinance that addresses HDC expenditures.
This section of the Charter Proposal adds two new terms:
“Commission Proceedings” – This includes anticipated, potential and actual proceedings before the State Historic Preservation Review Board, all proceedings at any level in state and federal court, and any other proceeding involving any other tribunal. (Required mediation before enforcement action is taken under Section 16.9(c)(3), Limits on Enforcement Action, is not considered a “Commission Proceeding.”)
“Cost of Commission Proceedings” – this includes the cost of legal advice, legal services, expert or consultant advice, expert services, expert testimony, filing fees, fees for service of process or other papers, fees awarded by a court or the State Historic Preservation Review Board, and any other litigation expenses that arise from “Commission Proceedings.”
This section of the Charter Proposal prohibits the HDC from spending money on the described proceedings without approval. At least five members of the city council must approve all costs for any Commission Proceedings in specific dollar amounts before the city is obligated to pay, or actually pays, any of these described HDC expenses. Should the HDC attempt to commit taxpayer money to unapproved expenses, the city’s treasurer has no obligation to pay the bills.
Notes:
In the past, the city council was an unwitting observer to an HDC that acted without any council authority regarding legal and other expenses incurred as the result of the HDC taking legal action against property owners over things like the direction of front porch spindles or unobtrusive yard fences. This section of the Charter Proposal would require city council approval for these expenses before they are incurred. If the city manager isn’t allowed to spend more than $500 without specific authorization, it follows that the HDC shouldn’t be allowed to commit Clarkston taxpayers to spend thousands and thousands of dollars without asking for approval from the city council first.
Paid for by Susan Bisio, P.O. Box 1303, Clarkston, MI 48347 with regulated funds.)