Special Announcement - Resolution 2020-0608 Close
Saturday, July 11, 2020

News & Updates

Board of Works & Safety – September 3, 2019

The Board of Works and Safety for the City of Attica met, pursuant to Public Notice, on Tuesday, September 3rd, 2019, at 4:30 P.M. in the City Council Room.

Present were Board Members, Andy Smart and Chris Gayler. Also, present: Mayor Roderick, City Attorney; Jud Barce, and Clerk-Treasurer; Susan Stoll.

Minutes from the previous meeting

 The minutes from the August 20th meeting were not prepared in time for the meeting.  They will be brought to the September 17th meeting for approval.

Citizens petitions

There were none.

Department Head Reports

Director of Public Works, Eric Swank, was present. He had nothing to report.

Interim Police Chief, Ed Durnil, was present. He reported that Officer Swisher starts the Academy September 16th.  She will go to the academy on the 9th for physical testing.  She will complete the academy by December 28th.

Attica Fire Chief, Mike Little, was present. He reported that the fire department will have a 9/11 ceremony at 7 PM in front of the fire department. 343 flags will be placed by the city sign. The American Legion will play taps and do a 21-gun salute. The department has purchased a drone with a thermal energy camera on it.  It will be used for search and rescues.  It can be used by the other city departments. They are doing drone training right now.

Building Commissioner, Jeff Pycke, was present.  He reported that three homeowners were asked to report at this meeting about progress on repairs to their buildings. None of these building owners were present.

They are as follows:

Aaron Smith/404 S. Perry attended a previous meeting asking to appeal our request to repair by October 3rd.  The BOW did not grant him more time and he has not completed repairs.

Jeff Bieneman/201 S. Perry was sent an unsafe building order which gave him until today’s date, and nothing has been done.

An unsafe building order was sent to Rocktop/808 S. McDonald with a request for repairs to be completed by September 3rd.  They have not completed any repairs either.

Barce called Pycke as a witness to testify on the buildings. The BOW will be asked to affirm, amend or rescind his order.  Barce swore Pycke in.  201 S. Perry questioning began first. He asked who owns 201 S. Perry.  Pycke responded Bieneman.  Pycke testified that an unsafe building order was sent to Bieneman, he signed for it and it was returned, and he was asked to appear today and did not.  Pycke reported that two walls (south and east) are leaning. The sandstone foundation is deteriorating and unsafe and the parapet wall appears to have no mortar.  He testified that these are causes for the building to be unsafe. He asked for the building to be demolished. He testified no one is living there.  Pycke reported that the cost to repair is prohibitive. Gayler made a motion to affirm the action.  Smart made a second to the motion.  All were in favor and the motion passed. The board recommended to give him 30 days to respond. That date is the October 1 Board of Works meeting.  If the owner sells the property during this time, they are required to inform a buyer of the unsafe building order.  Barce said that tonight or after 30 days, the board can determine that the owner is willfully non-compliant, and the board can assess a fine of up to $5,000.

Barce asked Pycke to testify on 808 S. McDonald St.  Pycke testified that the building’s foundation has fallen in and his order was to repair it.  Smart made a motion to affirm the order.  Gayler made a second to the motion.  All were in favor and the motion passed.  The board recommended to give the owner 30 days to repair. The board will consider assessing a $5,000 fine for non-compliance.   That date is the October 1 Board of Works meeting.

Smart asked Barce if we can come up with a spreadsheet to keep track of fines in the future. He said that can be done.

Barce will send a follow-up letter to Aaron Smith/404 S. Perry about repairs to his building.

Unfinished Business

Smart asked about the collection agency, Atlas, that Stoll spoke of at the last meeting.  She reported that there is one more issue that is pending with the contract that she is addressing with the city attorney and Atlas before proceeding.

New Business

Utility credits were presented by Stoll. Smart made a motion to approve.  Gayler made a second to the motion.  All were in favor and the motion passed.

Mayor Roderick has been provided with Change Order # 7 from HWC Engineering for the wastewater treatment plant construction project.  The original tank that was going to be used as a holding tank for sludge was not in good enough condition to be used.  The new proposal is that the other tank will be retrofitted for use but with an additional cost to the city for $106,000.  There is $57,000 in available contingency funds from the SRF loan that can be used towards this expense.  The remaining sum will come out of sewage operating funds per Stoll.   Smart made a motion to approve Change Order # 7.  Gayler seconded the motion.  All were in favor and the motion passed.


The claims were presented by Stoll.  Smart made a motion to approve claims from 8/21/19-9/3/19 totaling $111,880.65. Gayler seconded.  All were in favor and the motion passed.

Miscellaneous Business:

Mayor Roderick reported that the court ordered Tawnya Adams to comply with R1 zoning for her property at 1215 South Brady.  The Mayor has allowed her to relocate the tenants by September 10.

The Spirits in the Park event will take place on Saturday, September 14 at McDonald Park from 7-11PM.

There being no further business, the meeting was adjourned, the next Board of Works meeting will be held on Tuesday, October 1st, 2019 at 4:30 pm.