MINUTES OF THE MEETING

OF THE COMMON COUNCIL

VALPARAISO, INDIANA

August 23, 2021

The Common Council of the City of Valparaiso, Indiana, met on Monday August 23, 2021 at 6:00 p.m. in City Hall. Mayor Murphy called the meeting to order. The Pledge of Allegiance was said. Present were Councilmembers Reed (late), Cotton, Schmidt, Pupillo, Anderson, Costas and Douglas.

Youth Council Members

Mayor Murphy introduced the 18 members of the Mayor’s Youth Council. These members are 11^th graders at VHS. The Council will meet monthly. The Council has been created to help our youth better engage, offer an opportunity to explore jobs in government and to develop leadership skills. Mayor Murphy swore in the Council.

MINUTES

Councilmember Douglas moved to approve minutes of the August 9, 2021 meeting. Councilmember Reed seconded the motion. Upon voice vote the motion to approve passed with a 7-0 vote.

ORDINANCE NO. 20, 2021

AN ORDINANCE APPROPRIATING FUNDS IN THE LOCAL ROAD & STREET FUND AND PROVIDING FOR PUBLICATION OF NOTICE

Councilmember Douglas moved that Ordinance No. 20, 2021 be read a second time by title and a third time in full and be considered for adoption and the opportunity be given for the offering of amendments. Councilmember Reed seconded the motion. Clerk-Treasurer Taylor read the Ordinance.

Steve Poulos addressed the Council. The appropriation will be used to stockpile salt reserves. This allows taking advantage of a cheaper rate which will save approximately $44,000.

Mayor Murphy announced Ordinance No. 20, 2021 requires a Public Hearing and presented Proof of Publication that at tonight’s meeting the Council will hear comments on the appropriation of $200,000 in the Local Road & Street Fund. Attorney Patrick Lyp reported no requests or comments were received from the Public by email. Seeing no one wishing to address the Council, Mayor Murphy declared the Public Hearing closed.

Councilmember Douglas moved to adopt Ordinance No. 20, 2021. Councilmember Reed seconded the motion. Upon roll call vote the motion to adopt passed with a 7-0 vote.

ORDINANCE NO. 21, 2021

AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF VALPARAISO, INDIANA, TO ESTABLISH A PROCESS FOR THE USE OF GOLF CARTS ON CERTAIN CITY PUBLIC RIGHTS-OF-WAY

Councilmember Douglas moved that Ordinance No. 21, 2021 be read a second time by title and a third time in full and be considered for adoption and the opportunity be given for the offering of amendments. Councilmember Reed seconded the motion. Clerk-Treasurer Taylor read the Ordinance.

Attorney Patrick Lyp addressed the Council. He presented a slightly revised Ordinance. Changes have been made based on questions and comments made at the last Council meeting.

Councilmember Anderson asked why North Silhavy will restricted. Attorney Lyp explained all restrictions are based on heavy traffic and the ability to use another route to get around.

Councilmember Reed clarified that golf carts do not have to be registered with the BMV. That is correct. She discussed the wheel tax and the imbalance with mopeds. Attorney Lyp replied there is not a State requirement to have a wheel tax on mopeds and golf carts so it could not be imposed. The BMV does not follow the directive of a local body. It must be a state law.

Councilmember Douglas asked if mopeds are paying a wheel tax. Chief Balon replied they are not. Councilmember Douglas asked if someone operating a golf cart in an unsafe manner can be ticketed. Chief Balon replied they can.

Councilmember Cotton discussed the need for a minimum speed. He is not sure how well they will enforce pulling off to the side of the road and if this will create a greater obstacle. He has concern regarding party vehicles. He is uncomfortable with backward seating. Chief Balon replied he talked with the Prosecutor’s office and there is no set mile under the speed. If it is impeding traffic that is a ticketable offense. He also explained two seat golf carts are only manufactured with the rear facing seat.

Councilmember Douglas moved to adopt the amended version of Ordinance No. 21, 2021. Councilmember Reed seconded the motion. Upon roll call vote the motion to adopt passed with a 5-2 vote. Councilmembers Cotton and Reed voted No.

ORDINANCE NO. 22, 2021

AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF VALPARAISO, PORTER COUNTY, INDIANA, ANNEXING CERTAIN REAL ESTATE TO THE CITY OF VALPARAISO, INDIANA

Councilmember Douglas moved that Ordinance No. 22, 2021 be read a second time by title and a third time in full and be considered for adoption and the opportunity be given for the offering of amendments. Councilmember Reed seconded the motion. Clerk-Treasurer Taylor read the Ordinance.

Beth Shrader addressed the Council. At the last meeting she explained they were working on an Annexation Agreement. They are still working on this Agreement with the Petitioner and would like to have this matter continued to the next meeting.

Councilmember Cotton moved that Ordinance No. 22, 2021 be carried over to the September 13, 2021 meeting. Councilmember Reed seconded the motion. Upon voice vote the motion passed with a 7-0 vote.

Council Reports

Councilmember Cotton presented a draft of a Resolution he would like on the Agenda for the next meeting. This Resolution restates the Council’s confidence and support for the independent school board and their decision on the mask issues.

Attorney Lyp explained it takes three Councilmembers to support having a matter on the upcoming Agenda. The request must be in the Mayor’s office by the Wednesday before the meeting.

Councilmember Reed stated this would be giving the school board a direction of how the Council would like them to act. Councilmember Cotton stated this is a draft and its intent is to assert confidence and support in the School Board; whatever they decide. It is not telling them what to do. It is telling them the Council supports what they decide and have confidence in them. Councilmember Reed stated this comes with the appointment.

Councilmember Douglas stated he has no interest in passing a Resolution that states what they already do every year when they appoint a school board member. The Board is independent. The draft did not make any sense to him and he does not see the value of reminding the school board that they are independent and should do what they want to do. He also is not sure if this is a school board or administration decision.

Public Comment

Amy Nondorf – 2256 Beautycreek Court. Her concern is “that changing in school school days and reducing in school hours by passing policies like cancelling in person Wednesdays and changing start and end times for school days placed a horrible burden on the businesses and working parents in the community. This decreased staff availability, affected operating hours, and dramatically increased childcare costs to working families.” She also stated “that decisions made by the school/ school board that could economically impact the entire community receive approval from the city council as the city council is elected by the taxpayers and responsible for local economy and the school board is not.”

The meeting adjourned at 6:43 p.m.

/s/ Holly Taylor, Clerk-Treasurer