COMM. HAMILTON MADE A MOTION TO APPROVE THE MINUTES FROM

1 1 1 1 1 1 1 0 1 0 1 0 1 MINUTES CITY COMMISSION MEETING August 1, 01 The City Commission met this date in regular session in the Commission Chambers. Comm. Wasdin gave the Invocation. Mayor Smith recited the Pledge of Allegiance. A quorum being present, the meeting was called to order at :00 PM with the following in attendance. Mayor : Brent Smith Commissioners : Kay Hamilton : Christine Wasdin : Edward Crosby City Clerk : Tammy Johnson City Administrator : Carl Scott City Engineer : Beth Brant Police Chief : Joe Hart City Attorney : Hayward Dykes Public Works Director : Nathan Kelley (camera) Valparaiso Library Director : David Weatherford Fire Chief : Mark Norris VBCS General Manager : James Butler (camera) Recorder : Beth Millsaps Others in attendance: (Not Inclusive) Mike Griffith (Bay Beacon), Joe Cobb, Shawn Turner, Ony Mornioge, Dean Turner II, Donna Small Comm. Denney is out of town with business and called into the Commission meeting. COMM. HAMILTON MADE A MOTION FOR COMM. DENNEY TO ATTEND MEETING VIA PHONE. COMM. CROSBY SECONDED THE MOTION WHICH PASSED BY UNANIMOUS VOTE OF THE COMMISSION TO 0. Throughout the meeting, although Comm. Denney could hear us, the Commission and audience could not hear him therefore we did not include his vote on the matters presented. APPROVAL OF MINUTES COMM. HAMILTON MADE A MOTION TO APPROVE THE MINUTES FROM JULY, 01 MEETING AS SUBMITTED. COMM. CROSBY SECONDED THE MOTION, WHICH PASSED BY UNANIMOUS VOTE OF THE COMMISSION TO 0. COMM. HAMILTON MADE A MOTION TO APPROVE THE MINUTES FROM JULY 1, 01 AS SUBMITTED. COMM. CROSBY SECONDED THE MOTION WHICH PASSED BY UNANIMOUS VOTE OF THE COMMISSION TO 0. COMM HAMILTON MADE A MOTION TO APPROVE MINUTES FROM JULY, 01 AS SUBMITTED. COMM. CROSBY SECONDED THE MOTION WHICH PASSED BY UNANIMOUS VOTE OF THE COMMISSION TO 0. 1. CITIZENS CONCERNS (non-agenda items) Resident There were no resident concerns.. CITIZENS CONCERNS (Non-Agenda Items) Non-Resident 1

1 1 1 1 1 1 1 0 1 0 1 There were no non-resident concerns. 1. ACTION ITEMS Added Agenda Items No added agenda items this evening.. ACTION ITEMS Quasi Judicial Hearing Dangerous Building Mr. Dykes said this hearing is related to the building inspector s notice of two dangerous buildings in the city, he swears in anyone expecting to speak. Two letters were sent out on August 1, 01 letting property owners know of this hearing. Both properties are behind on property tax. Mr. Scott said the property at Washington has been a code enforcement nightmare since August 0 when the first letter went out, he said that anyone stating that the city has not been working with Mrs. Turner is incorrect. Mr. Scott said that when Mr. Turner passed away over a year ago he talked to Mrs. Turner and told her he would hold off any action, for a few months but this has been a problem for years. He said the Certificate of Occupancy (CO) has been revoked on the property although she has continued to live in the structure sometimes sleeping in a van. Mr. Scott said over $1,0 owed in fines as she is being charged $1 a day from a previous magistrate meeting. Mr. Shawn Turner, brother of Dean Turner, asked how many days did she have to clean out. He said her whole life has died with the loss of his brother, Mr. Dean Turner s daughter is a lying drug addict who is continuing to cause trouble for Mrs. Turner. He said if the Commission would give him four months he would do his best to make the home habitable, if it is not by then they will clear everything out. Mr. Turner said he has known about the situation but that he is hurt and unable to do what he once could, however his nephew Mr. Dean Turner s son, Dean Turner II has only recently found out about the situation is willing to help. Mr. Dean Turner II said he has been helping on the weekends since he found out but that he works during the week, the back section of the property is much better that before. Mrs. Oni Turner, Dean Turner s widow, said she has been living on the property but hasn t slept in her vehicle, she is unable to sleep much and has health problems but people have been taking things from the property. Her stepdaughter has been spreading lies all over town about her, she will sleep in the greenhouse not the car. Mrs. Turner said she is working as much as she can, she has very limited help and no medical attention and she is in constant pain but she keeps working. Mayor Smith said if four months are given how can you take care of it? Mr. Shawn Turner said he has been and will continue to load trailers will have nephew and others help with trailers. Mrs. Turner said she can t find anyone to help her, she has new windows but can t find anyone to put in, she asked at churches for help but they only come for few hours. She said she is trying

1 1 1 1 1 1 1 0 1 0 1 her best, her oldest son sends her $00 a month to live on. Mayor Smith asked how the property came to be in such a state? Mr. Shawn Turner said his niece was taking stuff out of the house and Mrs. Turner was too embarrassed to ask for help. Mrs. Turner said she called the police and spoke to a female officer and she told her that her step daughter was stealing from the home. Chief Hart said he didn t have any of that information with him tonight but does know that the will had been probated and the step daughter was given permission to remove some things. Mr. Shawn Turner said some of the sheds were Dean s and some belong to his wife and his niece was taking collectibles out of Oni s shed. Mr. Dykes said what the Commission is deciding under - if this is a dangerous building, if there is enough evidence to declare that. Comm. Hamilton asked if the water and power was still on, Mr. Scott said as a courtesy it shouldn t be. Comm. Wasdin asked about pets because Mr. Scott had mentioned previously that several dogs on the property. Mr. Shawn Turner said at one time she did have twelve dogs now only has four. Mr. Scott said it was deemed uninhabitable long ago. Mr. Shawn Turner asked what was wrong, Mr. Scott said it should have been put down long ago. Mr. Shawn Turner asked what had to be done to be habitable. Comm. Wasdin said the reason she shouldn t be in there is because of her health and problems that she seems to have, there should be no dog poop, the water and power should be on, the roof needs repairs from what she has heard over several meetings. Comm. Hamilton said to have a CO reissued would be a very expensive endeavor. Mr. Shawn Turner said maybe if they had time to get everything out and sell it would be more money for her to start again. Mayor Smith said he would not recommend more than thirty says, it has been over six years. Mr. Dean Turner II said he has only known about it for a few weeks. Ms. Donna Smith said the neighbors next day are harassing them, taking pictures of the vehicles, causing problems for her son. Mayor Smith said to call the police. Chief Hart said he would do what the law allows him to do but said that Mrs. Turner was a collector, as was Mr. Turner, when the fire department had to go in to remove Mr. Dean Turner s body it was very difficult for them to get him out of the mess the house was in then. He said the backyard is somewhat cleaner but the whole lot was covered at one time. Chief Hart said the neighbors are at wit s end, it is a mosquito haven there, everyone in that area is frustrated. Mr. Dean Turner II said what if they were given thirty days, then the Commission could see what progress has been made and go from there. Chief Hart said he doesn t know how anyone lived there before Mr. Turner died, he feels it would take four months to get everything out of the house and yard. Mr. Scott said whatever the Commission recommends is what would be done but the please set a date for something to be done so that this doesn t continue on and on, there has to be an end date. Mr.

1 1 1 1 1 1 1 0 1 0 1 Dykes said the Commission has enough evidence to show this is a dangerous building per the city code as sited in - the criteria were met at the July, 01 meeting. He said there are foundation issues, damage to the building, the property is so dilapidated that there is no change of decent living. COMM. HAMILTON MADE A MOTION TO APPROVE DECLARING WASHINGTON AVENUE A DANGEROUS BUILDING. COMM. WASDIN SECONDED THE MOTION WHICH PASSED BY UNANIMOUS VOTE OF TO 0. COMM. HAMITLON MADE A MOTION TO GIVE THE TURNER S UNTIL DECEMBER 1, 01 TO REMOVE ALL BELONGINGS FROM THE PROPERTY, SECONDED BY COMM. WASDIN. Mayor Smith said on December 1 st the police show up then where do we go from there. Mr. Dykes said the next step is to tear structure down if not brought into compliance, raise the building act if not habitable. Mr. Nathan Kelley, Public Works director, said in regards to sanitation services over the next four months any addition bulk pickup would result in $. per ton unless the Commission advised otherwise. Comm. Wasdin said they would be charged if it was placed by the curb then they must pay. Mr. Dykes said any charges owed and not paid would be charged with the placing of the lien on the property so the charges would stand as usual. COMMISSION VOTE TO 0 TO GIVE UNTIL DECEMBER 1 ST TO REMOVE EVERYTHING. Mr. Dykes said he would provide written order along with correspondence as to the company listed on the tax roll. Mr. Dean Turner II said he would also like to receive any correspondence coming from the city in regards to this situation, was advised to call and speak with Mr. Scott or Mrs. Johnson to add their address to the notice. Mr. Dykes said we have received a copy of the return notice of the hearing to Russell White as related to the property located at John Sims Parkway, this property is also behind on taxes according to property tax. There is no one in attendance regarding this property. COMM. HAMILTON MADE A MOTION TO DECLARE PROPERTY LOCATED AT JOHN SIMS PKWY A DANGEROUS BUILDING AND TO RAISE THE BUILDING. COMM. CROSBY SECONDED THE MOTION. Mr. Dykes said as the code is written we will order the demolition within ten days by the owner if not taken care of then the city will do and charge the owner. Mayor Smith asked if contracted out, Mr. Scott said yes, we had a similar situation on Kelly Way it takes a while to get done but it will be done. COMMISSION VOTED TO 0 ON THE MOTION.. ACTION ITEMS Setback Waiver for the Bayou

1 1 1 1 1 1 1 0 1 0 1 Mr. Scott said we had received a letter requesting a set back waiver from William Cunningham at 1 North Bayshore Drive, he said this would mimic our Lincoln Park design and he doesn t see any problem with it. He said that Mr. Cunningham can t move forward with it until the Commission approves by order of the DEP. MAYOR SMITH MADE A MOTION TO APPROVE THE SETBACK WAIVER FROM MR. CUNNINGHAM AS SUBMITTED. COMM. CROSBY SECONDED THE MOTION, WHICH PASSED BY UNANIMOUS VOTE OF THE COMMISSION TO 0.. ACTION ITEMS Minor Development on Johnson Street Mr. Scott said the two apartment complexes that are currently there have been a code enforcement nightmare since he has been here. He said this is an opportunity to let Mr. McElroy buy the land from Mr. Mike Parrish and Mr. McElroy intends to build two car garage, two story homes. Mr. Scott said he has inspected many of Mr. McElroy s construction projects and knows that he is a good builder. Mr. Scott said that the Planning Commission reviewed and approved to submit to city commission. COMM. HAMILTON MADE A MOTION TO APPROVE THE MINOR DEVELOPMENT ORDER FOR JOHNSON STREET. COMM CROSBY SECONDED THE MOTION, WHICH PASSED BY UNANIMOUS VOTE OF THE COMMISSION to 0.. ACTION ITEMS Doc s Oyster Bar Extension Mr. Scott said this would be a good improvement, since 01 we have had a pending code issue and this will actually resolve that issue. This will provide two means of ingress and egress over six to eight feett out over the water. He said this would be a good improvement, doesn t cause any new dynamics only provides for two entrances and two exits. Mr. Dykes said this is just part of the application process. Mr. Scott said yes, first the city gives their blessing then onto permitting. Mr. Dykes said the city does not have to approve, completely up to the Commission. COMM. WASDIN MADE A MOTION TO APPROVE THE CONCEPTUAL DESIGN FOR DOC S OYSTER BAR EXTENTION. Mr. Dykes said he only brought up because we are working with Dr. Harris on easements for Gator Boring. Comm. Hamilton said she must recuse herself as she is employed by Dr. Harris. COMM. CROSBY SECONDED THE MOTION, WHICH PASSED BY VOTE OF TO 0, WITH COMM. HAMILTON RECUSING HERSELF.. ACTION ITEMS Resolution No. -0-1-1 Amend Budget Mrs. Johnson read Resolution No. -0-1-1, a resolution amending the fiscal year 01 budget of the city, due to an increase in expenditures; authorizing revisions to be made to

1 1 1 1 1 1 1 0 1 0 1 the monthly financial statements and proving an effective date. Mrs. Johnson said this resolution is to tidy up the budget, increase the capital cemetery infrastructure from $0.00 to $1,. The $1, will be taken from cemetery reserves account. Mrs. Johnson said we thought this expense would be covered in last years budget but we didn t make it on time. Also, in the utility fund CDBG expenses grant expenses from $0.00 to $0,000, which will be taken from the Community Development Block Grant Reserve. Mrs. Johnson said the state requires the CDBG money to be in the budget. COMM. CROSBY MADE A MOTION TO APPROVE RESOLUTION NO. -0-1-1 AS SUBMITTED. COMM. HAMITLON SECONDED THE MOTION, WHICH PASSED BY UNANIMOUS VOTE OF THE COMMISSION TO 0.. ACTION ITEMS Final Development Order Julian Oaks Subdivision Mr. Scott said our city engineer Mrs. Brant would be the final approval of the subdivision to approve the plat. Mr. Dykes said that Ms. Brant would be approving the admission of the plat. COMM. CROSBY MADE A MOTION TO ACCEPT PLAT WITH APPROVAL OF THE CITY ENGINEER AND CITY ATTORNEY. COMM. HAMILTON SECONDED THE MOTION, WHICH PASSED BY UNANIMOUS VOTE OF THE COMMISSION TO 0.. ACTION ITEMS Ordinance No. Chapter 0 Public Nuisance Mr. Scott said he submitted this ordinance to change the dynamics for the trash piles that are left on the side of the road, this will give him the mechanics to deal with the situation. COMM. CROSBY MADE A MOTION TO APPROVE ORIDNANCE NO., AN ORIDNANCE AMENDING CHAPTER 0 OF THE VALPARAISO CODE OF ORDINANCE AND PROVIDING FOR (1) FINDINGS, () SEVERABILITY, () REPEAL OF CONFLICTING ORDINANCES, AND () AN EFFECTIVE DATE. COMM. HAMILTON SECONDED THE MOTION WHICH PASSED BY UNANIMOUS VOTE OF THE COMMISSION TO 0.. ACTION ITEMS Lincoln Park Donation Comm. Hamilton said she actually doesn t think that the Commission needs to approve as parks is her department but Ms. Wendi Greene would like to have a park bench placed in Lincoln Park in honor of her mother who has passed away. She said it would be something lovely and appropriate befitting her mom Mrs. Nicki Greene who was a long-time resident of Valparaiso and a lovely lady. Comm. Hamilton said she would work with Ms. Greene to make this happen.. ACTION ITEMS Resolution No. 1-0-1-1 Surplus Property

1 1 1 1 1 1 1 0 1 0 1 COMM. WASDIN MADE A MOTION TO APPROVE RESOLUTION NO. 1-0- 1-1 A RESOLUTION TO APPROVE THE SALE OF SURPLUS EQUIPMENT FROM THE CITY OF VALPARAISO AND PROVIDING FOR AN EFFECTIVE DATE. Public Works will be selling 00 Ford F 0 rear-load garbage truck. COMM. HAMILTON SECONDED THE MOTION WHICH PASSED BY UNANIMOUS VOTE OF THE COMMISSION TO 0. 1. OLD BUSINESS Tom s Bayou Bridge Utilities Update Mrs. Brant said we are waiting for temporary construction easement to bore under the bayou. Mr. Dykes said that it has been submitted to Dr. Harris s attorney and once that is agreed to we will have Gator Boring come do the work. Mr. Dykes said the bridge on the southside that property is owned by the city and the vendor would like to know what the city would like to be done there once they are done with the bridge work. He said some ideas are just to return back to what it has been or something else, basically this is a quid pro quo situation.. OLD BUSINESS Half Cents Sales Tax Update The Commission discussed earlier this evening. 1. REPORTS/CORRESPONDENCE/ANNOUNCEMENTS TPO/DOT Comm. Wasdin said she didn t have anything for this evening.. REPORTS/CORRESPONDENCE/ANNOUNCEMENTS Stormwater Mr. Scott said nothing for this evening.. REPORTS/CORRESPONDENCE/ANNOUNCEMENTS Community Liaison Report Nothing for this evening. REPORTS/CORRESPONDENCE/ANNOUNCEMENTS Department Update Mr. Weatherford the library is looking for an alternate for the governing board over the library in case Comm. Hamilton is unavailable to attend meeting, he said it can be the Mayor or any Commissioner. Mr. Weatherford suggests Comm. Crosby. MAYOR SMITH MADE A MOTION TO APPROVE THE APPOINTMENT AS ALTERNATE OF THE GOVERNING BOARD. COMM. WASDIN SECONDED THE MOTION, WHICH PASSED BY UNANIMOUS VOTE OF THE COMMISSION to 0. Mr. Weatherford said he would need a letter to submit to the coop. Mr. Weatherford said the library had meetings with the programs and events this summer and over,00 kids came to programs this summer. He said Mrs. Hope and Ms. Audrey and himself had spent last Thursday and Friday at the two schools getting library cards to the kids they had issued 1 cards. Mr. Weatherford said he and

1 1 1 1 1 1 1 0 1 0 1 0 Comm. Hamilton had also discussed in staffing he will have four part time people that will work 0 hours a week. He said instead of going through the paper to advertise and spending $1,000 they went through Facebook and had responses, he has hired two new people. They are also looking into starting a program for kids on the autism spectrum. REPORTS/CORRESPONDENCE/ANNOUNCEMENTS Disbursements COMM. HAMILTON MADE A MOTION TO APPROVE THE BILLS AS OUTLINED IN THE FINANCIALS. COMM. CROSBY SECONDED THE MOTION WHICH PASSED BY UNANIMOUS VOTE OF TO 0. ADJOURN There being no further business to be brought before the Commission, the meeting adjourned at : PM. Hubert B. Smith Mayor Katherine Hamilton Chair, VCA ATTEST: Tammy Johnson, CMC City Clerk ***A recording of the August 1, 01 Commission meeting will be kept on the City s secure file server as a permanent part of these minutes. *** 1