COUNCIL MEETING
CITY OF ATTICA
OCTOBER 14, 2002
The Common Council for the City of Attica met on the 14th
day of October 2002 at the hour of 5:30 p.m. at city hall. Those present: Mr. Bill Craft, Mrs. Valarie Maus, Mr. Larry Grant, Mr. Curt
Phelps, Mrs. Kay Gustus, Mr. Tom O’Connor, and Mr. Deon Swift.
APPROVAL OF MINUTES FROM PREVIOUS MEETINGS
Mr. Grant made a motion to approve the minutes of the
September 9th meeting, seconded by Mr. Craft. All ayes.
Mr. Grant made a motion to approve the September 17th
meeting, seconded by Mrs. Gustus. All
ayes. Mr. Craft made a motion to
approve the September 25th meeting, seconded by Mr. Grant. All ayes.
COMMITTEE REPORTS
Mr. Larry Grant, Chairperson of the Zoning and Planning
Commission, reported the committee met on October 8 at 5:30 p.m. to discuss
rezoning the area just north of McDonald’s Restaurant. It was found though the course of the
meeting that the Norfolk and Southern Railroad, that has a right a way through
that property, had not been notified about the meeting. They rescheduled the meeting and tabled the
issue until October 29, 2002 at 5:30 p.m.
CITIZEN’S PETITIONS
Mayor Swift called upon Fire Chief O’Farrell regarding the
fire ordinance with the state. Chief O’Farrell
said, “If the city goes under the covenant that open burning is not permitted,
in theory, we could not have a charcoal grill burning within the City of
Attica. By state statue, the definition
of open burning is that it doesn’t allow any burning unless it’s in a container
that has a chimney. Our current city
ordinance does not totally ban open burning.
One of the problems we have had is trying to accommodate some things
without others. Probably the biggest
problem we have is with dispatch. We
receive a 911-call saying ‘we have a fire’ and 911 dispatches the fire
department. The state law is very
specific in what you can burn in open burning.
Citizens cannot burn trash”.
Chief O’Farrell presented to the council members a sheet as a guide that
can be left at the city building in the clerk’s office. He explained it was in plain language—a
document that would clarify what they can and can’t burn. This makes it easier for the
dispatchers. The state law also
specifically states there can’t be a fire in a mobile home park. Chief O’Farrell distributed copies of the
state ordinance for the council’s perusal.
He feels this will assist them.
He said, “If you state in the city ordinance that opening burning is
prohibited with the following restrictions, then you don’t have to address the
issue of burning trash or garbage because you’ve already stated no open burning
is allowed”. Mayor Swift said, “It’s
obvious that it’s still up to the city council what they want to do”. Mr. Grant said he has studied the state
regulations quite extensively and he agrees with most of what Chief O’Farrell
is saying. He gave to council members a
sheet from the Federal Environmental Protection Agency, which addresses leaf burning. Opening burn produces toxic materials and
can be a health concern because it contains a number of pollutants. The EPA listed many of the health
hazards. Mayor Swift said he had
received requests from Mr. John Roemer and Mr. Jim Knight as well as other
citizens to allow for leaf burning for a short period of time, whether it is
two weeks or two week ends. Mr. Knight
said, “I have been living on Perry Street since 1955 and have been burning
leaves since then, except this year. I
think it’s the most efficient way to get rid of leaves. I have disposed of forty bags of yard waste
so far this year and that has not included leaves. Its time wasted for citizens to bag them and time wasted for city
employees to pick them up. Anyone who
suffers with asthma can stay inside for a few hours when leaves are being
burned. The council can’t go by a
calendar to say when citizens can burn because one doesn’t know when the leaves
will fall or when it will rain. I would
appreciate it if the council would allow burning”. Mr. Dave Huckleberry said, “In the state rules, burning on the
ground is illegal. Part of the issue is
the separation of burning leaves and open burning. People want to rake leaves to the curb and set them on fire. I can’t see how the state allows that at
all. The state will allow burning in
closed containers. Open burning is
unsafe. All I have ever been opposed to
is the big pile of burning leaves at the curb.
I’ve never had a problem with campfires or small rubbish fires. I hope that you would understand there is a
difference between what is being asked for and what is allowed by state
law.” Mr. Grant added, “The open permit
guide says fires must be extinguished if they create a hazard, nuisance,
problem or a threat to public health. I
don’t see how you can have a hundred fires going in Attica and burning leaves
at the same time and not have a threat to the public or a pollution
problem”. Mr. Phelps said, “In the
state guidelines, the state doesn’t allow for what you are asking. The days of raking leaves out to the curb
and lighting a match isn’t permitted under what the state says we can do”. Mayor Swift asked council members if they
want to keep the city ordinance the same as it was last year. Mr. Phelps said the current ordinance need
to be changed to be specific with the regulations. He is not in favor of burning leaves and would prefer to continue
the bagging program. However, if the
majority of the council wants to consider leaf burning by the state guidelines
presented, he would consider those options.
He was adamant there be no street burning. Mr. Phelps said he was not prepared to propose changes to the
city ordinance this evening. Mr. Craft
said the leaves need to be taken care of and supports burning in a
container. Mr. Craft and Mrs. Gustus
both support leaf vacuuming. Mayor
Swift said Mr. Ron Jean, Director of Public Works, is working on a schedule for
the vacuuming and it will be published on Channel 5. Mayor Swift also said there are people who dump leaves in Ravine
Park. He asked Chief Snoeberger to assist
in helping to stop them. After
discussion it was suggested that City Attorney Tom O’Connor draft an ordinance
to modify the current open burning ordinance for the council’s consideration at
the November meeting.
NEW BUSINESS
Mr. Grant reported that at the last council meeting we
talked about a need for a sign ordinance and he volunteered to do some research
on what other towns our size were doing regarding billboards. He looked at many of those town’s ordinances
and took bits and pieces from each to write a proposed ordinance for the City
of Attica. He went on the premise that
we really don’t want huge, large billboards all over the city. The proposed ordinance would regulate very
large signs and does not apply to small ones.
Mr. Grant distributed copies of the proposed ordinance to the council
members at which time they held a lengthy discussion. Mayor Swift introduced Mr. John Kuiper, of Burkhart Advertising,
who discussed the proposed ordinance with the council. Mr. Kuiper gave the council a copy of the
state regulations regarding off-site billboards. He also distributed copies of ordinances from several cities and
town in a sixteen county area he covers for Burkhart. He explained the steps in obtaining a permit from the state,
which includes checking the zoning in the area where he intends to construct
the sign. Mr. Kuiper made various
suggestions for the proposed ordinance.
After further discussion, Mr. Grant made a motion to read Ordinance #14
for the first time in full, second time by title only, table and publish,
seconded by Mr. Craft. All ayes. Mr. O’Connor read in full ORDINANCE #14,
2002 AN ORDINANCE AMENDING CHAPTER 10, DIVISION II OF SECTION 20 BY THE
INCLUSION OF SECTION 20 ESTABLISHING A BILLBOARD AND OFF-PREMISES BUSINESS SIGN
ORDINANCE FOR THE CITY OF ATTICA. Mr.
O’Connor then read by title only:
ORDINANCE #14, 2002 AN ORDINANCE AMENDING CHAPTER 10, DIVISION II OF
SECTION 20 BY THE INCLUSION OF SECTION 20 ESTABLISHING A BILLBOARD AND
OFF-PREMISES BUSINESS SIGN ORDINANCE FOR THE CITY OF ATTICA.
MISCELLANEOUS BUSINESS
Mayor Swift reported Hannum, Wagle & Cline informed the
city today that they had received notice for the release of funds from the
Department of Commerce for the North End Project.
Mayor Swift informed the council members the city received a
thank you from the Community Action Program for the city’s $1,000 donation for
their van and station wagon.
ADJOURNMENT
There being no further business to come before the council,
Mrs. Gustus made a motion to adjourn, seconded by Mr. Phelps.
________________________________
Deon H.
Swift, II, Mayor
ATTEST:
_______________________________
Nancy Jo Mitchell, Clerk/Treasurer