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Council Proceedings – July 8, 2013

The Common Council for the City of Attica met on the 8th of July, 2013, at 5:00 P.M.

Those present were: Mr. Wilson, Mr. Askren, Mr. Grant, Mrs. Maus, Mayor Shepherd, Mrs. Stoll and Mr. O’Connor.

APPROVAL OF THE MINUTES FROM THE PREVIOUS MEETING

Mr. Wilson made a motion to approve the minutes of the June 10, 2013 meeting, seconded by Mrs. Maus and passed unanimously.

CITIZENS PETITIONS

Jasper Fogelman, Chairman of the Fountain County Cemetery Commission came to speak about who they are, what they do and how they are funded. They are made up of 5 members and are appointed by the Fountain County Commissioners. Their mission is to locate, restore, record and maintain all pioneer cemeteries of Fountain County. He handed out a brochure, reported that they have worked on 126 cemeteries to date. They are working on the “Hatton” cemetery now and plan on working on the “Poor Farm” cemetery after that. They operate with volunteers and donations fund their efforts.

Scott Gregory spoke about the “Attica Heritage Days” event. He provided a more detailed map of the location of the event which is to take place on a section of Perry St., Mill St. and Main St. downtown. He provided a schedule of events that will take place. He also is inquiring as to how late the City will allow the event to go on into the evening. Mayor Shepherd said the Council will take the next month before our next Council Meeting to give an answer to this question. Scott reported that the Attica Heritage Days committee is meeting every Sunday at 4 PM at the West Mill next to the Devon.

COMMITTEE REPORTS

The “Cemetery” Committee reported back that they decided that they feel that pets should be prohibited from the Cemetery. Mr. Grant made a motion to prohibit pets from the City Cemetery. Mr. Askren seconded the motion. All were in favor and the motion passed. A citizen, Mrs. Shonkwiler then asked if a sign(s) would be posted at the cemetery notifying citizens of this rule. Mayor Shepherd said he would speak to Ron Jean about this and will work on posting sign(s). Mrs. Maus then brought up the question of whether citizens may bury pets with them. Mayor Shepherd asked the committee to once again meet and discuss this matter and report back to the Council.

The “Streets and Sewers” Committee reported back about a potential ordinance to address the use of golf carts on city streets. Mr. Askren said that they looked at both Covington and Williamsport’s ordinances. They like the way that Covington has worded their ordinance but they also like the manner in which Williamsport lists their fines. The committee hasn’t come to a conclusion yet. Mr. O’Connor offered to take both of the ordinances and draw up a draft of an ordinance for the committee to evaluate before the next Council meeting.

DEPARTMENT HEADS

Mr. Jean was present but did not have anything to report.

Chief Cole handed out statistics for police activity for June 2013.

He reported that Jarid Larson has moved up to a full time officer as Greg Grimmett will be employed as a resource officer for Attica Consolidated Schools.

The canine unit is back in service and on the streets.

He received a grant from Vectren for $5000 to go towards the replacement of the canine vehicle.

He applied for and received a $500 grant from Shopko for a new TV and DVD player to be used for continual mandated training. This will help the police force keep up with these requirements more efficiently.

Chief Cole and Sheriff Sanders have agreed to join together for Operation Pull-Over. This endeavor will be called the Attica Traffic Safety Partnership (TSP).

Chief Cole was contacted by Terry Martin who asked if our police force would like to participate in a “Special Enforcement Division” for Fountain County. The officers would be paid time and a half wages for this work and those wages would be paid through county deferral money. Any mileage incurred would be reimbursed by this grant as well. Chief informed the Council that they must grant permission for our police force to participate. The Council asked whose direction the officers would be under in which Chief Cole reported they would be under his direction. Another Council member asked if the officers would be traveling outside of Attica. Chief Cole said they would be concentrated in the City of Attica, possibly traveling a couple of miles outside the city limits at times. Mrs. Maus asked if he felt this would create a scheduling problem.

Chief Cole did not believe so. The officers who participated would have the option of working overtime hours in addition to their regular schedule when they worked for this special division. Mrs. Maus made a motion to allow our police force to participate in a “Special Enforcement Division” for Fountain County. Mr. Wilson seconded the motion. All were in favor and the motion passed.

Chief Cole inquired if the city follows the state statute on fireworks or if we are following our existing city ordinance. The Council is to review this matter and report back at a Council meeting.

Chief reported that he has entered a contract with Eagle Accounts Group, a collection agency, to attempt to collect court costs and fines which are unpaid and owed to the city.

Mr. O’Farrell was present but did not have anything to report.

Mr. Dismore reported that Mr. O’Connor looked into the state statute regarding pools on residential properties. If the pool is 42” or taller, the resident is required to erect a fence to surround the pool.

Mr. Dismore also reported that a resident demolished 1440 S. Perry without a demolition permit. Mr. Dismore told the individual that he could not approve the plans to put a trailer on the property without a variance being filed with the Board of Zoning Appeals. That variance is ready to be reviewed by that board.

UNFINISHED BUSINESS

Mr. Grant made a motion to bring Ordinance #5, 2013, An Ordinance Amending Chapter 6, Division II, Section 6-110 Entitled Burning Restrictions to the table and be read for the third time. Mr. O’Connor then read the Ordinance in full a third time. Before proceeding, citizen, Bob Askren, asked why the city even has an ordinance to allow fires if a fire could not burn past 10 PM since that is near the time it becomes dark. Mayor Shepherd and Mr. O’Connor discussed the issue with Mr. Askren and then Mrs. Stoll conducted a roll call asking for votes of aye or nay to the passage of Ordinance #5. All were ayes and Ordinance #5, 2013 was adopted. See Ordinance #5, 2013 contained herein.

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NEW BUSINESS

Mrs. Stoll reported that Chief Cole does not meet the requirements to be admitted into the “77 Fund”, the Indiana retirement fund for police officers, due to the fact that he is past their age cut off in addition to never having participated in the fund in the past. He is allowed to participate in the PERF retirement fund if the city passes an ordinance to allow it. Mr. O’Connor read Resolution #5, 2013, A Resolution for the Current Chief of Police to Participate in Indiana’s Public Retirement Program. Mrs. Maus made a motion to adopt Resolution #5, 2013. Mr. Askren seconded it and all were in favor and the resolution was adopted. See Resolution #5, 2013 included herein.

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Chief Cole reported that he is applying for a grant with the United States Department of Agriculture, Rural Development. In order to apply, Chief Cole was required to publish a public notice at least 10 days before this meeting, which Chief Cole stated he did, and the Council must adopt a Resolution permitting the application. Mrs. Maus made a motion to adopt Resolution # 6, 2013, A Resolution to Apply for Rural Development Grant. Mr. Askren seconded the motion. There was no discussion. All were in favor and Resolution #6, 2013 was adopted. See Resolution #6, 2013 included herein.

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MISCELLANEOUS BUSINESS

Mayor Shepherd discussed the agreement between the city and the Attica Consolidated School Corporation to provide a school resource officer beginning in January 2014. Mrs. Stoll provided the figures on employing an officer with benefits for a year and came up with the cost of $60-65K per year. $35,000 of the cost to employ this officer will be paid by a federal grant. 2/3 of the estimated $30,000 cost to pay for this officer will be paid by the school corporation and 1/3 will be paid by the City of Attica to correspond with 2/3 of the year being the general time frame that school will be in session. The other 1/3 of the time, the officer will work for the city. Chief Cole said the officer will work inside the Attica Jr./Sr. High School 70-75% of the time and in the Elementary School the remainder of the time. He will go through 40 hours of resource officer school. The intention is that he will also be involved in DARE activities with the students to help prevent drug use. Mr. Askren said he does not like the idea of paying for another officer as the officers right now aren’t enforcing ordinances to his satisfaction.

Mayor Shepherd announced that an artist has been hired to paint the mural in downtown.

Mr. Grant reported that he had been contacted by a concerned citizen regarding the potentially hazardous growth of shrubs into the roadway at the intersection of Lithia and Perry St. The bushes also restrict vision at that intersection.

There will be a special Council Meeting to hold a public hearing about the proposed Cumulative Capital Fund on Monday, July 15 at 5:30 PM.

Mrs. Stoll reported that they are still working out some issues with the new Utility Software. She will be presenting budget figures at the next Council Meeting.

ADJOURNMENT

With no further business to discuss, Mr. Wilson made a motion to adjourn. Mrs. Maus seconded the motion. All were in favor and the meeting was adjourned at 6:10 PM.

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