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Council Proceedings – August 12, 2013

The Common Council for the City of Attica met on the 12th of August, 2013, at 5:00 P.M.
Those present were: Mr. Wilson, Mr. Askren, Mr. Grant, Mrs. Maus, Mr. Craft, Mayor Shepherd, Mrs. Stoll and Mr. O’Connor.


Mrs. Maus made a motion to approve the minutes of the July 8, 2013 meeting, seconded by Mr. Askren and passed unanimously.

Mr. Wilson made a motion to approve the minutes of the July 15, 2013 meeting, seconded by Mr. Grant and passed unanimously.


Troy Irwin explained that his residence on Brady St. has a septic system and would like permission from city to waive the sewer charge on his utility bill. At his residence, if he were to tap into the city sewer system, he would be required to pay to have a lift station installed in addition to paying the standard tap fee. Mayor Shepherd said that the city would look into it and get back to him.

Brian Jarvis asked Mayor Shepherd if he told someone that the Potawatomi Festival didn’t exist anymore. Mayor Shepherd stated that he did not tell anyone this.


The “Cemetery” Committee reported back that they decided that pets may be buried with their owner but they may not be buried in a separate plot in the cemetery. There was no further discussion so Mrs. Maus made a motion to add this to the list of rules of the cemetery. Mr. Askren seconded. All were in favor and the motion passed.

The “Streets and Sewers” Committee presented Ordinance # 6, 2013, An Ordinance Amending Chapter 8, Article 9 By the Inclusion of Section 8-86 Entitled Traffic Regulations for the use of Golf Carts within the city limits of Attica. Mr. Wilson made a motion to read the Ordinance once in full. Mr. Grant seconded. All were in favor and the motion passed. Mr. O’Connor read the Ordinance in full and it appears herein.

ORDINANCE # 6, 2013



Entitled traffic regulations for the use of golf carts within the city limits of Attica

WHEREAS, the Common Council for the City of Attica, Indiana, has the authority under Indiana Code 9-21-1-3.3 to regulate the use of golf carts on a road or highway under the jurisdiction of the City.


Chapter 8, Article 9 shall be amended by the inclusion of Section 8-86 and to provide the following:


A golf cart means a four wheeled conveyance that is:

  • a. Powered either by battery or has a gas or electric motor, or
  • b. Used to carry passengers or equipment, or
  • c. Smaller than the types of motor vehicles required to be registered by the Bureau of Motor Vehicles such as a (1) Passenger motor vehicle, (2) Recreational vehicle, or (3) Truck, or
  • d. Not an off road vehicle.


No person shall operate a golf cart, or permit a golf cart to be operated or parked, on Highways US 41 and IN 28, Perry Street, Summit Street or Sycamore Street except to cross said roadways while traveling on intersecting streets or alleys.

A person may operate, drive or park a golf cart on the remaining streets and alleys within the City of Attica subject to the following rules and regulations:

  • a. The Operator of a golf cart must have a valid driver’s license and shall obey all state, federal and local laws, regulations and ordinances governing passenger motor vehicles including but not limited to laws, regulations and ordinances pertaining to licensing of operators and traffic regulations.
  • b. Golf carts operated during darkness from dust to dawn, or during inclement weather, when headlamps are necessary for other motor vehicles, must be equipped with and use headlights and taillights visible from a distance of no less than 500 feet.
  • c. Golf carts shall be driven as close to the right edge of the street or alley as possible.
  • d. The Operator of a golf cart must have proof of financial responsibility in the form of liability insurance coverage in an amount not less than required by applicable Indiana law for motor vehicles operated on public highways within the State of Indiana and carry proof of said insurance within the golf cart at all times of their use.
  • e. Golf carts shall not be operated on sidewalks, non-road portions of public parks, or on private property without prior permission of the owner of the said private property.
  • f. All passengers riding in a golf cart shall be seated in a seat attached to the cart as manufactured and wear a safety belt if said cart is equipped with the same.
  • g. Golf carts must be equipped with and display a triangular slow moving vehicle emblem on the rear of the cart, which emblem is visible day or night and an orange flag extending above the cart.
  • h. A golf cart shall be operated so that it does not impede or block the normal flow of traffic.
  • i. Drinking alcoholic beverages while driving or riding on the golf cart by the driver or any passenger is prohibited.
  • j. Golf carts must display a City Registration tag on the right rear of a golf cart and in plain view. A City tag will be issued through the City Clerk’s Office for a period of one year, effective from January1 through December 31, at a cost of $25.00 per year.

Applicants for the Tag must provide owner’s name, address, telephone number and proof of insurance.
Replacement cost for lost stickers shall be $25 unless the old sticker is returned to the Clerk’s office. If the old sticker is returned, the cost for replacement shall be $5.


Violation of the provisions of this Ordinance shall be subject to the following penalties:

  • a. First violation – $35.00 fine
  • b. Second violation – $75.00 fine
  • c. Third violation – $150.00 fine
  • d. Fourth violation – Golf cart will be impounded and cannot be returned unless tow and storage charges are paid along with a $250.00 fine.

This Ordinance shall be effective from and after its passage and publication as required by law.

Adopted by the Common Council for the City of Attica, Indiana, this _____ day of ___________________, 2013, by a vote of ______ for and _________ against.

Mr. Grant made a motion to read the Ordinance a second time in title only and to publish and table it. Mr. Craft seconded. All were in favor and the motion passed. Mr. O’Connor read the Ordinance in title only and it was tabled until the next meeting.


Mr. Jean was on vacation.

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

He reported that Matthew Dittmer has completed his academy training and Jarid Larson is currently at the academy.

He reported he is the process of interviewing both regular and reserve police officers in order to develop a hiring list. He is accepting applications until August 31.

He received news that he will be receiving a grant from Homeland Security for the purchase of new radar guns.

One of the two Chevy blazers have been sold and the other may be sold in the next week.

Chief Cole asked if he could get permission from the council to transfer funds from the Deferral and Diversion Program Fee Fund to the Police Law Enforcement Fund. He requested that $5200 be transferred for the purpose of restocking the supply of ammunition. The purchase is for 3 years’ worth of ammunition. Mrs. Stoll pointed out that although the funds are available; a resolution is required in order to do this correctly. Mr. O’Connor reported that he will draft a resolution for this purpose to present at the next council meeting.

Mr. O’Farrell informed the council that the City of Newport asked if the AFD would participate in a parade and that if he did, he would drive the aerial truck. The council said they did not feel it would be a good idea to allow the truck to travel that distance in case the truck was needed for a fire locally at the time of the parade. Mr. O’Farrell then asked if it would be okay to participate with the aerial in the Patriot parade in West Lebanon. They have done that parade for a number of years. The “Police and Firemen” Committee was going to discuss this possibility and report back at our next meeting.

Mr. Dismore reported that a hearing needs to take place with the Board of Zoning Appeals for 1440 S. Perry St. as all that could be done by the resident has been prepared. Mr. O’Connor informed Mrs. Stoll that she would need to coordinate this process with the Board of Zoning Appeals and the Zoning and Planning Commission.

Mr. Dismore said he received a complaint about a foul smell coming from the rear of 104 Sherry Ln. This is a vacant property. Mr. Dismore called USDA to report the compliant. They were to follow up on it and Mr. Dismore said that the smell is gone now.

Mayor Shepherd said he will attend an Indiana Cities and Towns workshop on abandoned properties on August 20 which may give him some ideas to use in Attica.


Scott Gregory spoke about the “Attica Heritage Days” event and was hoping that the Council would decide about closing some of the downtown streets that were indicated on a map provided to the council. Mr. Askren asked if business owners downtown were contacted. Mr. Gregory said many had been although he hadn’t spoken to Hotel Attica’s owners yet. Citizen Cindy Bauer said Dave Baer who owns Bended Knee on Main St. wasn’t contacted. No further discussion took place and Mr. Askren made a motion to allow the downtown street on the map be closed for the Attica Heritage Days Festival. Mrs. Maus seconded. All were in favor and the motion passed.

Mayor Shepherd passed out a copy of our ordinance regarding the sale and use of fireworks in city limits. Currently both are restricted in Attica. He said he would look into which committee would hear this concern, assign it for review and ask them to present their recommendation at the next council meeting.


There was no new business to report.


Mrs. Stoll presented the 2014 Budget to the council for their review. The hearing for the budget will take place at the September council meeting. The proposed 2014 Salary Ordinance was also passed out. Mayor Shepherd also shared a spreadsheet he put together using date from the Indiana Cities and Towns Salary Survey for similarly sized cities so that the council could get an idea how we compare. Mrs. Stoll also passed out the month end financial figures for June.

Mrs. Stoll reported that due to the Affordable Care Act, the city had received a refund on our premium of about $800. The city can take this check and apply it to next years’ premium or return part of it to the employees. The city pays 80% of the premium so if we were to return the 20% back to the employees, she would have to report back on how that would break down. The council asked if she would do that and report back.

Mr. Grant reported that he had received citizen inquiries about the two burned properties in city limits. Mayor Shepherd reported that R.A. DeSutter has volunteered to demolish the house by the river and Mr. Dalton and another citizen have committed to providing dumpsters for the disposal of all the materials from this demolition. The other property near the Paragon restaurant has not received word back from the state about the fire investigation.

Mr. Grant also said he was not happy that the city pool closed so early this year. There was still one week before school started and he would hope we would be open at least that long. He posed the question, should we discuss opening longer next year.
Mr. Grant complimented Chief Cole for having the officers address ordinance violations around the city.

Mayor Shepherd read some of the findings in the EPA public report that had been available to read at the Attica Public Library that addresses environmental issues as they pertain to C & D Battery and their premises and the immediate properties surrounding the manufacturing plant. The report stated that the residential areas near the plant are clean.


With no further business to discuss, Mrs. Maus made a motion to adjourn. Mr. Askren seconded the motion. All were in favor and the meeting was adjourned.