The Common Council for the City of Attica met on November 11, 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 Mr. Bill Craft. Also, present were: Mayor, Duane Roderick, City Attorney, Jud Barce, and Clerk-Treasurer, Susan Stoll.
APPROVAL OF MINUTES OF PREVIOUS MEETING:
Craft made a motion to approve the minutes for the Oct. 16, 2019 Council Meeting. Askren seconded. All were in favor and the motion passed.
SWEARING IN OF NEW POLICE OFFICER:
Mayor Roderick broke from the normal order of business to swear in Officer Garret Miller.
Paula Clark, organizer of Christmas in Attica, came to speak about an evening parade associated with the event. The start time would be 5:30 PM and would take place on December 7 on Perry Street from the Badlands to Main Street. The Council was in favor of this activity.
There were none.
Eric Swank was not present.
Ed Durnil, Police Chief, was present. He had nothing to report.
Mike Little, Attica Fire Chief, was not present.
Jeff Pycke, Building Commissioner, was present. He has issued unsafe building orders for 808 S. McDonald and 201 S. Perry St. Pycke reported that more time was given to the owner of 705 S. Union to demolish his buildings. The Board of Works granted them until June 2020 to act.
The topic of canine maintenance was brought to the table for discussion. The Mayor provided a document which showed 4 scenarios for payout. Stoll had provided a spreadsheet calculating hours at straight time and time and a half for both the rate of a half hour per day and a full hour per day. Madden made a motion to pay canine maintenance at a rate of a half hour per day. The Mayor asked for discussion before a motion was made. At straight time at the rate of an hour a day (Roderick’s scenario # 2 on the spreadsheet), Askren would be paid $29,329.08 for 2014,15,16,17, and a few months in the beginning of 18. Hohenstein would be paid $10,610.39 for May 18 to December 31, 2018, and January 1 through August 26, 2019. Grant made a motion to accept scenario # 2 as described above. Askren made a second. The vote was 3-1 to approve. (Grant-aye, Askren-aye, Maus-aye, and Madden-nay) Going forward, the police department will schedule the canine officer so that the hour per day will not be overtime hours worked.
The “Jake Brake” ordinance was brought to the table for discussion. “Jake Brakes” is a copyrighted term. Rather, we should reference an amendment to our noise ordinance and specify that compression release engine brakes by motor vehicles which are not equipped with a muffler in good working condition that suppresses excess noise within city limits be prohibited. A fine of $100 per violation is proposed. Grant made a motion to read Ordinance # 4, 2019 in full, a second time in title only, waive the rules and read for a third time. Askren seconded. All were in favor. Askren made a motion to adopt and publish. Craft seconded. All were in favor and the motion passed. Barce will publish two times since this ordinance includes a fine.
Ordinance # 13, 2019 An Ordinance Amending Chapter 8, Article 14, Section 8-155, Division I. Schedule One-Preferential Streets and Section 8-162, Division IV. Schedule Four-Yield Right of Way was brought to the table for discussion. A stop sign would be removed on Main Street at the intersection of Third Street and a yield sign is to be added on Washington Street at the intersection of McDonald St. Askren made a motion to adopt and publish. Craft made a second to the motion. All were in favor and the motion passed.
Chief Durnil addressed the Council about purchasing a new 2020 Tahoe to replace the 2013 Tahoe. The 2013 Tahoe has two-wheel drive. There are 85,000 miles on it. The city has spent approximately $4,436 in repairs on the vehicle so far in 2019. Hohenstein and Durnil test drove a 2020 Tahoe at Alsop’s. This vehicle has four-wheel drive. Durnil sought out a quote from Alsop. There is a rebate of $7,400 and Alsop quoted a trade-in allowance of $8,500 on the ‘13 Tahoe. The 2020 Tahoe is not a police package. It is currently not being made with a police package. The quote for the Tahoe is $35,309. A company called Move Over Outfitters/Lafayette quoted on the equipment for the new vehicle. The quote was for $7,454 and is good for 30 days. A special low frequency siren is part of the quote. It vibrates the ground to get the driver’s attention in front of the police vehicle. Some of the existing equipment on the ’13 Tahoe can be reused. He proposed the price of a new kennel come out of the canine fund. The quote is for a special kennel with sensors for temperature control safety features. The quote is for an aluminum kennel. The current one is made from steel. It can potentially be sold to another agency with the proceeds going back into the canine fund. Grant requested a second quote. A motion with a second could not be reached. Mayor Roderick tabled the decision until a second quote can be presented to the Council.
Barce discussed the payment of comp time that Bob Cole had when he left employment with the City of Attica. Comp time falls under the FLSA. There is a two-year statute of limitations. Barce has provided preliminary documentation and figures to Cole’s attorney. Cole’s attorney said Cole will not accept the figures that have been presented by Barce. Cole claims he is owed for 2300 hours going back to 2013. Barce recommends that the City offer what they think is owed to Cole. If nothing is offered by the city, Cole can sue the city and will probably win. Grant wondered why the Chief could earn comp time since he was an administrator. Roderick spoke to an attorney at IACT who said that if Cole made arrests, he is like an officer and could qualify for comp time. Barce recommends that the city act by December 2019 at the latest. The Council decided to hold a special Council Meeting, open to the public, on Monday, November 25 at 6 PM to discuss this topic and the purchase of a new police vehicle.
Grant asked the status of leaf pick-up. It is still ongoing.
Madden asked about the status of a speed indicator sign for S. Perry St. Eric Swank is getting quotes. Stoll said State Board of Accounts said public safety funds could be used to purchase a speed indicator.
The next Council meeting will be held Monday, November 25th, 2019 at 6:00pm.