Mayor Nathan Frisch called the July 27, 2023 Village of Attica Council regular meeting to order at 7:30 PM.
Roll Call: Ed Beamer, Keith Hopple, Nicole Lenhart, Kirk Stanfield, Louis Sanders
Others Present: Billing Clerk, Alyssa Mason; Solicitor, Heather Heyman Niedermeier
Approval of Warrants: Motion by Councilman Beamer, seconded by Council Sanders to approve the warrants for payment. Vote: 5-0. Motion carried. Councilman Stanfield inquired about an invoice from Clouse Electric for the Vet’s Memorial. Mayor Frisch explained Council voted to move an electric line several months ago and this is part of that.
Approval of Minutes: Motion by Councilman Beamer, seconded by Councilman Hopple to approve the minutes. Vote: 3-0 with Councilwoman Lenhart and Councilman Sanders abstaining. Motion carried. Councilman Beamer pointed out the name Chad Burger notated in the minutes should be changed to Chad Legron.
Written & Oral Communication: Dr. Gene Schaaf was in attendance to inquire about a past due utility bill for 208 E. Tiffin St. This is a rental property and the bill was that of a tenant. The Billing Clerk, Alyssa Mason explained the tenants ran the utilities up to $1400 as of June of 2022. She was not sure why the utilities were not shut off sooner. Dr. Schaaf was upset because at that time he was unable to get information about the tenant’s utilities. He now has a clause in his lease that allows him the ability to inquire about the tenant’s utility bills. Councilman Beamer asked the Solicitor who should be responsible for the bill, the tenant or the property owner. The Solicitor explained it could be either one. Mayor Frisch asked if the Village could take them to small claims court. The Solicitor replied if the owner pays the bill, he/ she can take the tenant to small claims court. Alyssa explained the average bill was roughly $250 -$300 a month. The bill started accruing in January of 2022. Dr. Schaaf explained he had been working with the Village on this bill since he became aware of the bill. Dr. Schaaf claims those same tenants are now buying bulk water from the Village for their residence outside of the Village. Councilman Beamer asked what the policy is for doing shut offs. Alyssa was explained that she has to wait until they are 30 days past due before shutting off. Council asked what portion of the bill is water and what portion is sewer. Alyssa explained water $763.03 and sewer $629.71. Dr. Schaaf offered to pay the Village $500 and call it a day. Councilman Sanders asked what the Solicitor thought about that. She explained the Village could settle with him but still go after the tenant for the remaining. Mayor Frisch asked what Councilman Sanders thought, he said he was okay with it. Councilman Hopple stated he was not happy with accepting the $500 but to “smooth over the pavement” he would be accepting, but want to go after the tenant. Councilwoman Lenhart explained she doesn’t love the idea but would accept $500 but would like to go after the tenant. Councilman Beamer said he would be willing if Dr. Schaaf agreed to pay the water portion and the village would the no longer pursue Dr. Schaaf. Dr. Schaaf agreed.
Councilman Beamer moved to accept the water portion of the past due utility invoice for 208 E. Tiffin and Dr. Schaaf would no longer be pursued for the bill. Councilman Hopple seconded. Vote: 5-0. Motion carried.
This conversation did prompt Councilman Beamer to request a copy of the current utility billing ordinance, which Councilman Stanfield pointed out was ORD 95-04. Fiscal Officer Hatfield agreed to send a copy to the Solicitor and Councilman Beamer once located.
Public Safety: None.
Streets & Properties: Councilman Sanders asked about tall grass at the house beside the bank. He said it had not been mowed all summer. Councilman Beamer explained it had been mowed once. Councilman Sanders asked about the blacktop that had been dumped. The Mayor and Councilman Beamer explained it would be gone within the next day or so, it seems to be a mistake.
Parks: Councilwoman Lenhart said she had some questions from the Committee of ladies organizing the Fall and Winter festivals. They were inquiring about a place to store Christmas decorations that were donated. Fiscal Officer Hatfield said there is a place within Village Hall. Councilwoman Lenhart also asked about where Council is okay with the vendors being set up. She stated they asked the Sutton Bank but Sutton didn’t want to allow them to use their parking lot due to the liability. Mayor Frisch said they could use the front of Village Hall. She then asked about setting up in front of businesses, Mayor Frisch stated they should work with the business owners. Councilman Lenhart then asked about hanging a large banner. It didn’t seem anyone gave feedback on the banner. The Committee plans to encourage vendors to use generators to reduce the costs to the Village.
Trees: Councilman Sanders asked if Dakota sent the picture of the tree he and Dakota discussed. Councilman Beamer stated he had not received it.
Fire: Councilman Sanders explained they need a new generator. He will have the cost the next time.
EMS: None.
Cemetery: Councilman Sanders missed the meeting. Mayor Frisch asked if the stone was repaired referring to an inquiry from a few meetings past. Councilman Sanders said it was.
Personnel: None.
Zoning Commission: None
Finance and rule: Cash balance: $1,486,725.10 All funds include CDs and reserved or restricted funds, and debt reserve funds.
Water & Sewer: Councilman Beamer reported Darin Brown he received communication from Darin Brown in regard to the EPA NPDES permit wastewater influent monitoring upstream/downstream he needed a few clarifications. Councilman Beamer was down at the old plant one night and noticed the old lagoon. He reached out to Darin to see why we can’t fill it in. Darin is going to check into that.
Village Website & IT: none.
Unfinished, Old Business and New Business: Councilman Beamer asked the Solicitor if she received his email related to amending the handbook in regards to the water/sewer certification pay. He asked if Council wants to include a probationary period in order to be eligible for the certifications and also make it fulltime? Everyone agreed yes. Councilman Stanfield did ask if this was customary in other municipalities to pay such a bonus. Fiscal Officer Hatfield stated she knows they did a similar certification pay in Galion.
Councilman Beamer then asked the Solicitor if the Village should be paying someone who owes them money. The Solicitor agreed to look into it. Councilman Stanfield then asked what about approving the Mayor to apply for funding with the source of the funding being imaginary. The Solicitor stated the Fiscal Officer is still looking into your records request replying to Councilman Stanfield.
Next meeting: Thursday, August 10, 2023 at 7:30 PM.
Motion by Councilman Beamer, seconded by Councilman Sanders to adjourn the meeting. Time: 8:35 PM. Vote: 5-0. Motion carried.
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Mayor Nathan Frisch - Fiscal Officer Natasha Hatfield
