COUNCIL PROCEEDINGS
CITY OF ATTICA
FEBRUARY 10, 2003
The Common Council for the City of Attica met on the 10th
day of February 2003 at the hour of 7:00 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 MEETING
Mrs. Maus made a motion to approve the minutes of the
January 13, 2003 meeting, seconded by Mrs. Gustus.
DEPARTMENT HEADS
Mr. Ron Jean, Director of Public Works, reported the North
End Project was proceeding very well.
He also said they were having a small problem with obtaining the
Railroad Permit for boring but expected it to be solved soon.
Police Chief Gene Snoeberger presented to the council his annual
report from the police department. He
also addressed the parking ordinance and said his department would soon be more
aggressive in enforcing the ordinance.
He has forwarded the information to Attica Online and both newspapers.
Mr. Rick Turpin, Chairman of the Park Board, said he was
present to share good news with the council and show them pictures of objects
that will make the parks nicer and more beautiful. He said a year ago the Park Board applied for a matching grant
through Fountain County from the Governor’s Commission for a Drug Free
Indiana. They have received that
matching grant of $4,000. With thanks
to the Charles Roszell Estate, which donated money to the Attica Parks, they
were able to match the grant and purchase equipment for both McDonald and
Ravine Parks. The grant stated that any
equipment the Park Board purchased through it had to be in a installed in
well-lit areas, secured areas, and well-active areas, which meant McDonald
Park. The board decided to purchase a
moon apparatus and a fire engine. These
items will be placed in McDonald Park on the north side of the tennis courts,
out of the basketball area, where it’s safe for children to use it. Mr. Turpin continued to say that thanks to
the city council and the mayor, monies became available to buy equipment for
Ravine Park. Most of the equipment has
arrived and when they have time, the city employees are putting it
together. In the spring, when it’s good
weather, these items will be installed in the parks. The equipment in Ravine Park will be scattered throughout the
park and not in just one location. Some
will be around the small shelter, above the swimming pool, and some around the
old volleyball court. Mr. Turpin, on
behalf of the Park Board, said, “Thanks go to the city council for supporting
the parks and for supporting the park program.
Our parks are for the people and if we can make it a better place for
our citizens to visit and participate, it can only make our community a better
place”.
UNFINISHED BUSINESS
Mr. Phelps made a motion to bring from the table Ordinance
#1, seconded by Mr. Craft. All
ayes. Mr. O’Connor read for the first
time in full: ORDINANCE #1, 2003 AN
ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF ATTICA, INDIANA AMENDING CHAPTER
9, SECTION 9-32 BY THE INCLUSION OF SECTION 9-32(B) ENTITLED PROTECTION FROM
ACCIDENTAL BACKFLOW. This ordinance
requires that an owner of all houses, buildings or properties used for human
occupation, including, recreation or other purposes situated within the City
and which is required to connect to the public sanitary sewer, shall be
responsible for the installation of a sewer check valve in order to prevent the
backflow of sewage into any house, building or property. Mrs. Gustus made a motion to read Ordinance
#1 by title only, table and publish, seconded by Mr. Craft. All ayes.
Mr. O’Connor read by title only:
ORDINANCE #1, 2003 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF
ATTICA, INDIANA AMENDING CHAPTER 9, SECTION 9-32 BY THE INCLUSION OF SECTION 9-32(B)
ENTITLED PROTECTION FROM ACCIDENTAL BACKFLOW.
Mr. O’Connor informed the council that two ordinances were
discussed at the last meeting—one for a permit for fencing and one for parking
spaces for new residential construction.
Both of those ordinances involve an amendment to the zoning ordinances
and this has to first go the Zoning and Planning Commission. He said a meeting needed to be set up with
the commission for them to discuss it and bring their recommendations back to
the council. He asked Mrs. Mitchell to
arrange it.
Mayor Swift said a resolution was needed to create a fund
and transfer funds within the Police Department. Mrs. Maus made a motion to adopt a resolution to create in the
Attica Police Department, a Prisoner Health Care Fund, and to also transfer
$320 from Supplies to Prisoner Health Care, seconded by Mr. Craft. All ayes.
Mr. O’Connor then read:
RESOLUTION #1, 2003 A RESOLUTION TRANSFERRING FUNDS. WHEREAS, the Common Council for the City of
Attica finds it necessary to appropriate the sum of Three Hundred Twenty
Dollars ($320) from the fund entitled Attica Police Department-Supplies to a
fund entitled Attica Police Department, Prisoner Health Care, NOW, THEREFORE,
BE IT RESOLVED that the sum of Three Hundred Twenty Dollars ($320) be
transferred from the Attica Police Department to the Attica Police Department,
Prisoner Health Care. This Resolution
is approved and adopted on the 10th day of February 2003. All five council members signing it approved
the resolution.
MISCELLANEOUS BUSINESS
Mr. Grant said he had asked Mr. O’Connor to look into the
legalities of the city passing an ordinance that would prohibit the railroad
from closing the crossing on North Perry Street completely for a long period of
time. He said we currently do have an
ordinance in place that limits the amount of time they can block the crossing
with a train; however, it seems they can close a crossing for an indefinite
period of time. He feels it puts a
hardship on business as well as the citizens at that end of town. Also, he feels there are some safety aspects
involved. If there was a fire or
someone needed an ambulance during that time, it would drastically lengthen the
response time. Mr. O’Connor said he was
going to prepare an ordinance but it cannot be specific to the railroad
crossing but to all intersections in the city.
Mr. Pearson, owner of Attica Floral, spoke to the council briefly
stating they had dealt with this over many years now and appreciated the
advance letter they received from the city notifying them of the last
closing. He said they really didn’t
mind the railroad closing it and getting it finished all at once except whenever
they had their “really busy” times such as a holiday. Years ago the railroad had provided an alternate crossing. Mr. Grant thought it would be considerate of
the railroad if they could do this again.
Mr. O’Connor said he would have an ordinance at the next council
meeting.
Mayor Swift addressed the resolution for additional
appropriations. Mrs. Mitchell reported
that when she published the budget last fall she failed to notice the
publication requirement time had changed to ten days notice to the public,
because it had always been seven days—it was an error she did not catch. She said she also figured the General Fund
incorrectly and an error was made which made the fund short. Mr. Phelps asked when this was
discovered. Mrs. Mitchell said last
week. Mr. Phelps asked what we were going
to do to fix it and she said, “tighten our belt”. Mr. Phelps said apparently we had to make a resolution for
additional appropriations. Mrs.
Mitchell said she had made the changes on the instructions of the tax
commissioner and had published the changed budget. Mr. Phelps questioned who gave her the authority to change the
budget and publish it without the council’s approval. Mrs. Mitchell said she had made the changes on the instruction of
the tax commissioner and thought she was doing it correctly. Mr. Phelps again
questioned her about changing the council’s budget, the process and authority
to publish the changed budget without the council’s approval. Mrs. Mitchell again stated that she had done
so on the instruction of the tax commissioner’s office. Mr. Grant asked if the figures in the
adjusted budget were the figures the state would have sent back if they had
received the budget in a timely fashion and was told the state supplied the
numbers. A great deal of discussion
took place regarding the authority to change the budget and advertise
additional appropriations and changes without council input. Mr. Phelps asked if this was a recurrence of
the “old squabble between the mayor and clerk regarding the budget. Mrs. Mitchell said it was the Mayor’s budget
and if he wanted to do it, it was fine with her. Mr. Phelps stated he was extremely upset and said she did not
have the power to change figures without council approval. He also asked why she advertised the changed
budget and not re-advertised the original budget so the council could take
appropriate action. Mrs. Mitchell
replied that the tax commissioner informed her she couldn’t re-advertise the
original budget, but had to use the changed numbers the Department of Local
Finance had furnished her. Mr. Phelps
said he met with Mr. O’Connor prior to the council meeting regarding this
matter and had Mr. O’Connor contact the tax commissioner’s office for
clarification on the matter. Mr. Phelps
said it would have been far better if the council might have been involved, for
when they received this information they could have eliminated the question of
changing numbers without the council’s authority. He understood they gave her that information and she thought she
did it correctly, but that is not the way it is done—it always comes back to
the council. Mr. Phelps said this was a
very grave error and the whole council should have been given all the
information long before now. Mrs.
Mitchell said she had asked Mr. Ron Stinson, Tax Commissioner, if he was
willing to come for a special meeting with the council and he said yes. She wanted to know if Mr. Phelps and the
council would meet with him. Mayor
Swift asked if we needed to do something to get this resolved. Mrs. Gustus made a motion to table it and
have a special meeting with Mr. Stinson, seconded by Mr. Craft. All ayes.
The meeting was set for Monday, February 17, 2003 at 7 p.m., pending Mr.
Stinson’s availability. Mr. Phelps
requested copies of any data before the meeting.
Mrs. Maus requested the status on a burnt trailer in the
Lambert Trailer Court. Mr. O’Connor
said the building commissioner had sent a notice to the owner that it must be
removed. There will be a hearing before
the Board of Works where the owner has a right ask for some relief. Bid request for removal has been published
in the paper. If the owner does not
show up, the Board of Works will advise the building commissioner to follow
through with procedures for removal.
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