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<br />. <br /> <br />3. Rule 10,52 If the Board decides at such first public <br />meeting to consider PURSUE the proposed decrease, the Board shall <br />announce publicly the date of a subsequent public meeting for <br />such purpose. IF THE BOARD DECIDES NOT TO PURSUE THE PROPOSED <br />DECREASE, IT SHALL, WITHIN 30 DAYS OF SUCH DECISION, IDENTIFY IN <br />WRITING THE BASIS FOR ITS DECISION. <br /> <br />Explanation: With reference to the change in the first sentence, <br />Rule 10.51 references a meeting "at which it will first be <br />considered." Given that fact, Rule 10.52 can't infer that the <br />issue "mayor may not" be "considered." The second sentence is <br />added to provide some procedural protection in the case where the <br />Board decides not to proceed. Finally, though no specific <br />language was offered, the City would question what is actually <br />encompassed within the term "announce publicly." Should there be <br />a "publication" requirement? <br /> <br />. <br /> <br />4. Rule 10.53 On the written request of any person made <br />within thirty days after the date of the first public meeting, <br />the Board ohall MAY delay the subsequent public meeting for up to <br />one year BASED UPON A DATA GATHERING SCHEDULE SUBMITTED BY SUCH <br />PERSON IN ORDER to allow ouch ~creon the o~~ortunity TIME for the <br />collection of scientific data material to the proposed decrease. <br />The Board need not grant the request if it determines that the <br />request is made solely to delay the proceedings. <br /> <br />Explanation: The person requesting the delay should have some <br />concrete data gathering proposal in mind. Furthermore, arguably <br />he shouldn't simply be allowed "the opportunity for the <br />collection of scientific data" as compared to being under some <br />obligation to "actually collect" the data. <br /> <br />5. Rule 10.54 On the written request of any person made <br />within thirty days after the date of the first public meeting, <br />the Board shall, within ointy THIRTY days after such request, <br />establish fair and formal procedures for the subsequent public <br />meeting, including the opportunity for reasonable disclosure, <br />discovery, subpoenas, direct examination, and cross examinations; <br />Subject to theoc ri~hto and rcquircfficnto, PROVIDED, HOWEVER, <br />where a meeting will be expedited and the interests of the <br />participants will not be substantially prejudiced thereby, the <br />Board may choose to receive all or part of the evidence in <br />written form. <br /> <br />6. Rule 12.01 <br /> <br />(c) Any name supplied through consultation with the <br />Division Engineer. ; and <br /> <br />. <br />