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SPECIAL MEETING OF THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND & SAINT JOSEPH COUNTY HELD IN EXECUTIVE SESSION December 14, 2005 125 South Lafayette Blvd, South Bend HPC Offices, 0 Floor Members Present: Lynn Patrick [President], Martha Choitz [Vice -President], Diane Wrobel-Illes, Joann Sporleder [Architectural Historian], Todd Zeiger, Tim Klusczinski, Catherine Hostetler Members Absent: Mary Jane Chase [Secretary], Jerry Ujdak Staff Present: Catherine Hostetler [Director], Julie Schutte [Assistant Director], Wayne Doolittle [Inspector], Shawn Peterson [Legal Counsel] I. CALL TO ORDER: Lynn Patrick called the meeting to order at 5:25 pm. This was a special meeting of the Commission held in executive session pursuant to Indiana Code 5-14-1.5- 6.1(b)(2)(B). Only matters pertaining to the threat of litigation regarding 840 Park Avenue, Certificate of Appropriateness 2005-1104A and strategies thereof could be and were discussed at this closed -door meeting. H. REPORT FROM LEGAL COUNSEL: Shawn gave the Commission a summary of the purpose of this meeting - the homeowners of 840 Park had retained an attorney, Robert Rodes, in order to appeal the Commission's denial of C of A 2005-1104A - and an update on his recent correspondence with Rodes. He had negotiated a waiver of the 15 -day requirement of written notice of the denial upon a Commissioner's promise to move to reconsider the CoA at the December meeting. Shawn briefed the Commission on the proceedings of an appeal and the various arguments that could be used by Rodes during the hearing of the appeal. III. DISCUSSION OF LITIGATION STRATEGY: After much discussion, it was proposed that a motion may be made "to allow the inappropriate alteration to remain" and that Shawn should speak with Rodes to determine if this would be acceptable to his clients. Several other suggestions were also made. The Board will take final action on denying C of A 2005- 1104A at their regular December 19 meeting." No other items were discussed. IV. ADJOURNMENT: Lynn Patrick adjourned the meeting at 7:20 pm.