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Monday, August 3, 2020

News & Updates

Council Proceedings – August 12, 2019

The Common Council for the City of Attica met on August 12, 2019, at 6:00 P.M. pursuant to public notice.

Those present at the meeting were: board members; Mr. Larry Askren, Mr. Larry Grant, Mr. Matthew Madden and Mrs. Valarie Maus. Also, present were: Mayor, Duane Roderick, City Attorney, Mallory Redlin, and Clerk-Treasurer, Susan Stoll.


Askren made a motion to approve the minutes for the July 8th Council Meeting.  Madden seconded.  All were in favor and the motion passed.


Sandy Shonkwiler asked about city ordinances that address junk cars.  Sergeant Durnil said our ordinance says vehicles must be operable, plated and insured.  Redlin said she can pull our ordinance and another town’s ordinance for comparison to help the council evaluate our current code.

Katy Kays addressed the Council.  She said she is interested in purchasing and restoring 500 E. Main St.  She asked about the possibility of rezoning the property from R1 to Commercial.  She says she is a professional house flipper.  She is interested in converting it to an air b & b.  She also contacted the YMCA inquiring if they would support converting the property to a woman’s shelter.  She said her interest would be to restore the exterior and convert at lease one room per year.  She ideally would have a property manager living on site.  The Mayor is in favor of rehabilitation of the property but said the neighborhood residents would have to be in favor of a women’s shelter.  The current owner, James DeGrazia, asked if the request could be made tonight to have the Council refer his request for rezoning to the Area Planning Commission.  The Council said yes to his request.

Mary Davis asked the Mayor if there was a deadline for naming a new Police Chief.  Mayor Roderick said there is not, he is not ready to make that decision yet.

Kaylie Crane asked why Perry Street is banned for golf cart travel.  The speed limit is only 30 MPH on Perry and newer golf carts can travel at higher speeds and have many safety features.  Mayor Roderick said the topic of golf carts is on tonight’s agenda to be discussed during new business.

Patricia Hargan addressed the Council on behalf of Paws N Claws animal shelter.  Their biggest fundraiser, the Doggie Dash, is scheduled for September 21. She requested that the Council give permission to close Oak and Washington Streets from 7 am to 11 am for the race.  The runners would start and finish on those roads.  The Council were in favor of allowing this.


There were none.


Eric Swank was present.  He did not have anything to report.

Ed Durnil, Interim Police Chief, was present.  He requested $2,000 be spent out of the public safety fund to help pay for the licensing and maintenance of forensic software, “Oxygen Detective”.  The Fountain County Sheriff’s Office and the Fountain County Prosecutor’s Office will pay the remainder of the invoice.  The software is used to analyze phone data.    The APD uses the software frequently.  If paid, the software will be paid for through November 2020.  Askren made a motion to approve the expenditure out of the public safety fund.  Madden made a second.  The Council was in favor 4-0.

Mike Little, Attica Fire Chief, provided an invoice to the Council for fire gear.  He would like to pay for 3 sets of coats and pants costing $6,171.95 out of our public safety fund.  Maus made a motion to approve the expenditure out of the public safety fund.  Askren made a second to the motion.  The Council was in favor 4-0.

Jeff Pycke, Building Commissioner, was present. He has issued an unsafe building order to Mr. Bieneman for 201 S. Perry St.  He has approved two building permits for new construction of single-family homes in the Golf Ridge development.  Grant said that the Clerk’s Office informed a citizen that they could erect a temporary storage shed without a building permit in error.  Stoll said that it was her fault, thinking that if it was only temporary, it was not required.  Grant said temporary or not, a building permit should be filled out and evaluated by the Building Commissioner.


Mayor Roderick opened the public hearing for the adoption of the one percent (1%) Food and Beverage Tax.  Ms. Hargan asked if the ordinance is approved tonight if the tax will go into effect immediately.  Redlin answered that it will go into effect October 31, 2019.  There were no further questions or discussions, so the public hearing was closed.  Madden made a motion to read Ordinance # 3, 2019 Adoption of a One Percent (1%) Food & Beverage Tax in full and adopt.  Askren made a second to the motion.  The Council were in favor of passage by a vote of 4-0.

Redlin opened a public hearing for Ordinance # 6, 2019 An Ordinance Amending the City of Attica’s Zoning and Subdivision Regulations.  Mayor Roderick asked if there were any questions or comments.  There were none.  The hearing was closed.  2 of the 3 provisions that the Area Planning Commission reviewed were recommended to be passed by the Council and are contained in Ordinance # 6.  The third provision will be referred to the Area Planning Commission by the Council to agree on changes and bring back to the Council for approval at the September Council Meeting.  Grant made a motion to read Ordinance # 6, 2019 in full and adopt.  Askren made a second to the motion.   The Council were in favor by a vote of 4-0.

Redlin brought a revised dwelling ordinance from the table, Ordinance # 7, 2019.  A few versions have been considered in previous meetings.  This is a proposed amendment to Chapter 6 of the code establishing minimum standards for residential habitation.  The Building Commissioner or Police Department would oversee enforcement.  Some of the Council members had concerns that they would like to revise before considering passage. Redlin asked the Council to email suggested changes to her. The Council will table this Ordinance until the September Council Meeting.

Roderick informed the Council that the jake brake ordinance will not be brought from the table at tonight’s meeting.

Mayor Roderick said that the topic of canine maintenance hours is not ready for discussion until Barce attends our next council meeting.  Roderick revisited the subject of the payout of police overtime over 40 hours.  Durnil provided comp time totals to the Council.  There are three officers currently over 40 hours.  Roderick said he told Brenda to begin giving 3 hours as straight overtime between the hours of 168-171 worked in a 28-day period on the police timesheets.  Stoll said she wants clarification from Barce that this practice does not violate federal labor laws. The Council is in favor of allowing the payment of straight overtime for 168-171 hours and at the rate of time and a half for any hours worked over 171 in a 28-day period.  Stoll said she is waiting for a definition for the rate of how canine maintenance is earned.  She also asked the Council if they will approve the payout of police overtime out of the public safety fund since she had not budgeted this expenditure in the general budget. Askren made a motion to pay out any comp time accrued over 40 hours out of the public safety fund.  Grant made a second to the motion.  All were in favor and the motion passed.

Stoll passed out a handout with two scenarios for the repayment of our public safety fund for the 2018 demolition of 106/108 S. Perry St. The options were as follows:

Option #1

Use funds out of our 2019 appropriated accounts

$2,000 401 Fund

$36,979 101009361 Board of Health Dilapidated Building (use all funds budgeted for 2019 for this line item)

$34,000 101012430 Community Planning & Development (use all funds budgeted for 2019 for this line item)

$2121.50 Riverboat Gambling



Option #2

Use General Rainy-Day Funds to reimburse the Public Safety Fund-current balance of the fund is $205,617.44

Grant made a motion to approve option one.  Maus made a second.  All were in favor and the motion passed.


Roderick has had several citizens speak to him about allowing golf carts on Perry Street.  Roderick and Maus have received complaints about carts and ATV’s not displaying a city sticker.  Durnil would like to see the golf cart sticker be redesigned to be as large as the current ATV stickers. Roderick has been asked if the fee could be prorated for someone who comes in later in the year to buy their sticker.  Stoll said that if we do this, we will have to require proof of purchase and then keep track of dates. Durnil/Hohenstein asked if flags would be better than stickers?


Cindy Mason, on behalf of Attica Main Street, invited everyone to attend the next Twilight Music Series concert.  It is on Sunday, August 18 at McDonald Park.  Rick DeSutter and 45 RPM are playing.  Another event, “Spirits in the Park”, will take place on September 14.  Old 55 Distillery and Hooker Corner Winery will be serving beverages.  There will be food and Kona Ice is scheduled to be there too. Mason is looking at hiring a band for the evening.

Stoll announced that the public hearing will be held for the budget at the September Council Meeting. Sept. 9th at 6 PM.

Grant asked that the next Area Planning Commission meeting be held on Wednesday, September 4 at 6 PM.

Officer Hohenstein asked if the officer retention discussions have gone any further.  Roderick said only one has taken place to date. One topic of discussion was offering longevity pay.


Meeting was adjourned at 7:12 pm. The next Council meeting will be held Monday, September 9th, 2019 at 6:00pm.