COUNCIL PROCEEDINGS

CITY OF ATTICA

MARCH 10, 2003

The Common Council for the City of Attica met on the 10th day of March 2003 at the hour of 7:00 p.m. at city hall. Those present: Mr. Bill Craft, Mrs. Valarie Maus, Mr. Larry Grant, Mrs. Kay Gustus, Mr. Curt Phelps, and Mr. Deon Swift. Absent: Mr. Tom O’Connor.

APPROVAL OF MINUTES FROM PREVIOUS MEETING

Mrs. Maus made a motion to approve the minutes of the February 10, 2003 meeting, seconded by Mrs. Gustus.

CITIZEN’S PETITIONS

Mrs. Pam Sichts, Director of the Attica-Williamsport Senior Citizen’s Center, was present to speak to the council to make people aware of the center. She would like to see more elderly utilize it because it’s a great resource for them. The center is open daily, providing a hot meal at noon and they also provide meals for shut-ins. This is on a donation basis only. They provide special activities that are published in both area newspapers weekly. Other services provided are health screenings, health information, free legal help, housing information, and free tax preparation services. Mrs. Sichts said many residents are not utilizing their services and she would like to see them to take advantage of the center. She is attempting to make known to the elderly what is available in order for them to take advantage of all services.

DEPARTMENT HEADS

Police Chief Snoeberger said his department was waiting for the weather to break before they enforce the ordinance violations. He said he has received calls concerning junk and vehicles in yards. Beginning March 24, the police department will commence enforcing the parking violations. That information has been published in both area newspapers and on Attica Online.

Fire Chief Ed O’Farrell presented to the council his report on the Fire Runs for 2002. The department made 191 runs for the year, which was down from 214 in 2001. He said the fire department made 20 runs to Davis Township, 125 runs to Logan Township, and 25 runs to Shawnee Township, and 21 mutual aid runs.

UNFINISHED BUSINESS

Mrs. Gustus made a motion to bring from the table and read in full Ordinance #1, seconded by Mr. Craft. Mayor Swift read: 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 property owners and citizens within the city to install sewer check valves in order to prevent the backflow of sewage into any house, building or property. Mrs. Gustus made a motion to adopt Ordinance #1, 2003 seconded by Mr. Craft. All ayes. Motion passed five (5) to zero (0).

Mayor Swift requested Mrs. Mitchell to give the council an update on the budget situation. Mrs. Mitchell said she presented to each member before the meeting forms for the General, Police Pension, Local Road & Streets, MVH, Park, Cemetery, CCD and CCI Funds along with a Fund Report from the state. She asked if anyone had any questions. Mayor Swift asked her to go over the forms and explain them beginning with the General Fund. She explained how the figures are taken from the State Fund Report and put onto the necessary lines of the Certified Copy of Additional Appropriations. Mrs. Mitchell explained that from the fund report the tax levy on line 16 ($388,807) is applied to line 1 on the appropriations form; the PTRC from CAGIT on line 13 ($30,817) is applied to line 3; the miscellaneous revenue on line 8b ($325,393) is applied to line 4; line 5 on the appropriations form is the January 1, 2002 cash balance ($82,384) and line 6 on the appropriations form is a total of lines 1 through 5 ($827,401). Mrs. Mitchell went on to explain that Mr. Ron Stinson, Assessor-Auditor from the State of Indiana Department of Local Government Finance, had said this amount is available to budget, but if the city budgets and spends the entire amount, next year’s budget will be less due to the way excise tax is spent. Mr. Phelps asked if Mr. Stinson gave any indication of what is to be budgeted in order to prevent that problem. Mrs. Mitchell said Mr. Stinson suggested we stick to the original budget that was published. Mayor Swift stated he would prepare a budget and submit it to the council. He also said a special meeting will be held to consider the budget and make the appropriate cuts—it will probably mirror the original budget. Mayor Swift said he had prepared a statement that read: “It is my pleasure to inform the council and citizens that the city has received word from the Department of Local Finance that most all of the monies that were in question because of the mistake made in the 2003 budget process will be available to us. I was thanked at least six times this past weekend for getting the money back; as much as I would like to take the credit, the gentleman that was here on February 25, Mr. Ron Stinson, alone hand carried our request to his supervisor and successfully pleaded our case. Wherever you are Ron, on behalf of the City of Attica ‘thank you’ for going that extra effort”.

Mayor Swift also acknowledged he had contacted State Senator Joe Harrison and Representative Dale Grubb’s offices concerning the Rainy Day Fund interpretation that we had been given. Last Tuesday, an attorney who works for the Indiana Legislative Services contacted City Attorney Tom O’Connor and explained to him what has happened. Mayor Swift stated he has asked Mr. O’Connor to try and explain to the council what was told to him. Mr. O’Connor was unable to attend tonight’s meeting. Mayor Swift said, “In a nutshell, we are penalized this year from a Rainy Day Fund because it was not transferred on December 31, 2002. If I have heard right, we do not have a Rainy Day Fund for the City of Attica for 2003 from 2002. We still have a 2001 Rainy Day Fund”. Mayor Swift said he would like to thank Representative Grubb and State Senator Harrison for their cooperation. Mr. Grant asked, “Does this just mean we don’t have a fund to transfer the money into? Make it clear, we didn’t lose any money as far as the money going away somewhere—we just don’t have a fund to transfer it into”? Mayor Swift replied, “Yes, because it was not transferred by December 31, 2002”. Mr. Grant asked, “But the money is not up in smoke is my point—it’s still there”? Mayor Swift replied, “Yes, it’s still in the working capital”.

Mr. Grant made a motion to read Ordinance #2 for the first time in full, second time by title only, table and publish, seconded by Mrs. Gustus. Mayor Swift read in full: ORDINANCE #2, 2003 AN ORDINANCE AMENDING CHAPTER 6, ARTICLE 13 ENTITLED RAILROAD REGULATIONS. This ordinance makes provision regulating time limits in the blocking of railroad grade crossing by any train, railroad car or engine and regulates the repair of railroad grade crossings. Mayor Swift then read by title only: ORDINANCE #2, 2003 AN ORDINANCE AMENDING CHAPTER 6, ARTICLE 13 ENTITLED RAILROAD REGULATIONS.

MISCELLANEOUS

Mr. Phelps said he had met with Mr. O’Connor that afternoon. Mr. O’Connor ask him to present an ordinance to the council members for their perusal and said they have plenty of time to vote on it. Mr. O’Connor did stipulate on two items. The numbers for 2003 have already been provided in the information Mrs. Mitchell received. This ordinance is to recreate and get the CCDF back to where it was. Indiana Code limits us as to how much accessed evaluation can be increased and for how many years. It can only go up so much for 2004, 2005, and 2006. In essence, it will take us four years to get the CCDF back to where it was. Mr. Phelps said it could be passed at the next meeting, however, would be best to address it at the next two council meetings.

Mayor Swift stated we have had requests for years from citizens for lighting on the light poles downtown. Mrs. Alice Rollins has worked on this issue diligently. She and Mr. Steve Ray spoke with Ms. Pam Pierson, Customer Support for Cinergy Outdoor Lighting. It appears we can now light the poles downtown. We have received an “Agreement For Decorative Lighting Service”, monthly rates, and a hook up fee, which is waived if we hook them up. Basically, it amounts to $2.61 per month per pole, which is roughly $800 a year for power to the light poles on Perry Street. We don’t have to agree to it now, but we can talk about it. It currently isn’t in the city budget for that specifically. Mr. Phelps wanted to know from which fund it would come. Mayor Swift said eventually it should be a line item in the city budget. He said he was upset because we use it only two months out of the year and we are getting charged for twelve months and there is no negotiating. Mr. Grant suggested perhaps in the future merchants or whoever might want to have a festival or street fair and make it attractive by having lighted decorations on each pole. Mr. Phelps recommended all council members think about it and then speak of it again when they rework the budget.

Mayor Swift said the council needed to discuss the subject of the citywide cleanup. He asked the council if they wanted to do it again this year; if so, do they want prices before they say yea or nay? The citizens have come to expect it and before we say yes or no, he recommends we obtain some quotes. The city has always had curbside pickup, which is always more expensive than having a centralized location and have people bring it to them. City employees would be available at the location on Friday and Saturday to assist in unloading citizen’s trucks and put it in the dumpster. Mrs. Maus said she agreed the citizens have come to expect it, but she thinks we have to take the cost into consider-ation. Mayor Swift said the service is usually about $11,000 to $12,000. Mr. Phelps said he had spoken to Wabash Valley and they are more than happy to quote and said it would be identical to last year’s quote; obviously, curbside is the most expensive. Wabash Valley would like either Mr. Phelps or Mrs. Mitchell to contact them regarding dates. Mr. Grant wanted to reiterate what he said last year and that is he has witnessed people bringing items and dumping them in front of houses in the city because they know its going to be pickup up; they are relatives and friends from the country. “I can’t stress enough that if it continues, it’s going to ruin it for everybody because we are not going to be able to afford to do it”. Mr. Phelps said during the time he and his brother were owners of Wabash Valley, they found most communities opted not to go with curbside due to some of these factors, plus the cost, and plus the extra. They chose the central location, but it required man-hours from the city. Sometimes city equipment was involved such as a backhoe or pay-loader to smash down trash to maximize loads. There are some costs savings, but in his opinion he doesn’t think a town gets as thorough a cleaning. Some people can’t get it there and some people won’t get it there. Some communities have volunteers such as the Boy Scouts who will assist. However, there still remain some people who just can’t be helped. Mayor Swift asked Mrs. Mitchell to attain figures from Wabash Valley. He would personally like to see a central location and the city would still be there with their manpower to aid citizens.

Mayor Swift said he is appointing Mr. Craft, Mr. Grant, and Mr. Phelps to do a health rate insurance study. The city was taken by surprise last year by an enormous increase in health insurance with no time to look for other rates from other companies. There comes a time to look at what we can afford, what we can’t, and what the employees are going to have to absorb regarding different portions of their health insurance. He would like the three of them to come up with a contingency plan and bring it back to the council.

ADJOURNMENT

There being no further business to come before the council, Mrs. Gustus made a motion to adjourn, seconded by Mr. Phelps.

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Deon H. Swift, II, Mayor

ATTEST:

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Nancy Jo Mitchell, Clerk/Treasurer