Mayor Pro Tempore Louis Sanders called the January 11, 2024 Village of Attica Council regular meeting to order at 7:35 PM.
Roll Call: Ed Beamer, Owen Best, Kirk Stanfield
Others Present: Nicole Lenhart, Keith Hopple, Maintenance Superintendent Tom Scott, Brian Shock, and Jason Delaney
Absent:
Mayor Pro Tempore Sanders swore in Nicole Lenhart to her 4-year term.
Mr. Beamer moved to nominate Keith Hopple to the vacant council seat to fill the remaining 4-year term expiring 12/31/27, Mr. Best seconded. Vote: 4-0 Beamer, Best, Lenhart, and Stanfield. Motion carried.
Mayor Pro Tempore Sanders swore in Keith Hopple to his 4-year term.
Mayor Pro Tempore Sanders asked FO Hatfield to read the resignation letter from Mayor Frisch. Mayor Frisch wrote that with a heavy heart he must resign from his duties as Mayor due to his health. His resignation is effective 12/31/2023. Mrs. Lenhart moved to accept the resignation of Mayor Frisch, Mr. Best seconded. Vote: 3-2 with Mr. Beamer and Mr. Stanfield voting no. Motion carried.
Mr. Beamer stated, “I talked to Heather yesterday. I asked her to be here tonight, but she's down in Florida, but I did talk to her. So, in this situation, President Pro Tem which was Louis now steps into the mayor's position. The mayor's position needs to be voted on at the next election. So, Louis will be Mayor until the next election. If Louis decides not to run or does not get elected, he steps back into his seat on council. My question to Heather was can we fill that vacancy saying that the answer is yes. With the understanding that if Louis does not get elected as mayor, that whoever we appoint, will have to step down and Louis. will take his seat back.”
Mr. Beamer moved to nominate Owen Best as Council President Pro Tem, Mr. Hopple seconded. Vote: 4-1 with Councilman Stanfield voting no. Mr. Stanfield didn’t believe this meeting was legal, he believes the term of President Pro Tempore should have expired on 12/31/2023, meaning there would be no mayor. Mr. Best asked prior to voting for clarification on when Louis’s term would end. Mr. Beamer replied that he would have to run at the next election according to the Solicitor.
Approval of Warrants: Motion by Councilman Beamer, seconded by Councilman Best to approve the warrants for payment. Vote: 4-0 with Councilman Stanfield abstaining due to not receiving a list of payments. Motion carried.
Approval of Minutes: Motion by Councilman Best, seconded by Councilwoman Lenhart to approve the minutes. Vote: 4 -1 with Councilman Stanfield voting no. Motion carried.
Written & Oral Communication: Maintenance Superintendent Tom Scott was present. He shared with Council what he had accomplished, and what he planned to accomplish in the coming weeks. Everyone thanked Tom for everything he accomplished.
Public Safety: None.
Streets & Properties: Mrs. Lenhart stated Tom found an old brick in the maintenance building. Council suggested giving it to the Historical Society. Mrs. Lenhart shared Matthew Rocky reached out to her about planting trees in the tree lawn.
Parks: Councilwoman Lenhart indicated she is going meet with Charlene Watkins in February to looking to grants. She is looking at grants for parks and one for beautification for the “Welcome to Attica” signs. Mayor Sanders suggested getting ahold of Diana Lever.
Councilwoman Lenhart asked about having an event for the solar eclipse in April. She would like to purchase glasses and possibly have a viewing party at the park. Councilwoman Lenhart reported she will check with the Solicitor on if it is legal to purchase the glasses. Councilman Beamer worried about liability. Councilman Best asked if the Events Committee discussed hosting the event.
Trees: Councilwoman Lenhart reported she had Matthew Rocky reached out to offer tree planting services. She just wanted to give Council a heads up.
Fire: None.
EMS: Councilwoman Lenhart shared EMS will be meeting next Thursday.
Cemetery: Mayor Sanders reported cemetery Met Monday. They are trying to get a grant for the Mausoleum.
Personnel: Councilwoman Lenhart put together new hire packets. She also reported working on job descriptions to include in a binder for quick access as well.
FO Hatfield asked if they were okay with Tom Scott being put on the health insurance effective day 1? She reported the health insurance policy will close with only 1 person on the plan. Council had no objections since they did agree to change the waiting period with United Healthcare.
Councilman Beamer reported that he was thinking with the cost of the Verizon cell phones, it may be advantageous to the Village to offer employees a phone stipend of $25 instead of forcing them to carry two phones. He reportedly already spoke to Dakota and Tom about this, and neither were opposed to the idea. Councilman Beamer asked the Fiscal Officer to ensure there are no termination fees.
2nd read of 2024-4 Amending the Personnel Policy
Zoning Commission:
Finance and rule: Cash balance: $1,475,111.49 All funds include CDs and reserved or restricted funds, and debt reserve funds. December bank reconciliation presented for review. FO Hatfield shared a year end update. She informed Council that the water fund does not have a sufficient fund balance to pay all the bills. She reported preparing Resolution 2024-1 to advance $30,000 from the general fund into the water fund and Ordinance 2024-1 which would simply transfer $30,000 from the general fund into the water fund. She shared that she prepared both options for Council to decide which method they prefer. She did report if the transfer was an advance, the advance would need paid back before the end of the year and she had concerns with that option since sufficient revenue is still a concern. FO Hatfield reported that either decision will have to be appropriated, so a Resolution to amend appropriations will also need passed as an emergency. Councilman Best asked how that would affect the general fund. FO Hatfield reported the fund balance is $160,000 currently and the village is expected to receive about $88,000 in revenue this year but operates on $133,000. The general fund would be left with about $88,000 at the end of the year. Councilman Beamer asked how long the fiscal officer projected this money would carry the water fund, she stated a month. She said she wanted to transfer $60,000 but after speaking with Cindy Brooks of RCAP, she hoped Council and Cindy had a solution.
Council ultimately decided the transfer from the general fund to the water fund would be the better choice.
2024-1 Ordinance Transferring $30,000 from the General Fund to the Water Fund and declaring an emergency.
Councilman Best moved to suspend the three-read rule on Ord 2024-1, Councilman Hopple seconded. Vote: 4-1 with Councilman Stanfield voting no. Motion carried.
Councilman Best moved to declare an emergency; Councilwoman Lenhart seconded. Vote: 5-0. Motion carried.
Councilman Best moved to adopt Ord 2024-1; Councilwoman Lenhart seconded. Vote: 5-0. Motion carried.
2024-2 Resolution Amending Appropriations and declaring an emergency.
Councilman Best moved to suspend the three-read rule on RES 2024-2, Councilman Beamer seconded. Vote: 5-0. Motion carried.
Councilman Best moved to declare an emergency on RES 2024-2; Councilman Beamer seconded. Vote: 5-0. Motion carried.
Councilman Best moved to adopt RES 2024-2; Councilman Beamer seconded. Vote: 5-0. Motion carried.
Water & Sewer:
Councilman Beamer told Council that they should consider keyless entry for the maintenance building. He said each employee could be assigned a number that could be deactivated if their employment comes to an end. He said they are roughly $170 at Lowe’s. Council had no objections.
Councilman Beamer reported Dylan with Makeever and Associate’s will start moving forward with costing connecting to Willard. Dylan is going to measure pressures to see if we could use a 6-inch line instead of an 8-inch line to save $400,000. Councilwoman Lenhart asked why aren’t we considering Rural Water. Councilman Beamer reported calling Rural Water on more than one occasion and has not yet received a call back yet. Councilman Best reported on a meeting he and Councilman Beamer had with Cindy Brooks. Councilman Best reported that Cindy recommended Council consider charging people who are not using water the capital improvements charge which would be $25.50. The next recommendation Councilman Best shared as a result of the meeting with Cindy Brooks was implementing a minimum use charge, which would charge a minimum usage of 2 2/3 units. Councilman Best reported Cindy will be at the January 25th meeting to present and answer questions. Councilman Stanfield exclaimed; you want to charge people who use less than 2 units 2 2/3 unit?! Councilman Beamer replied, does Rural Water have a minimum usage? Does Willard have a minimum usage? Councilman Stanfield replied yes to both questions. Councilman Beamer asked, does Attica have a minimum usage? Is Attica trying to pay their bills? Councilman Stanfield replied, people are being cheated and overcharged.
Councilman Beamer reported RA Bores was in town looking for lead lines today. He said the first one they dug up was a lead line and it just so happened to be where the new pavement is. Councilman Beamer reported he believes there is American Rescue Funds left to cover the cost. FO Hatfield stated that the rescue funds are almost gone, but there is capital improvements money. Councilman Beamer asked if Council is okay with replacing the lead lines as they find them, since we have capital improvements funds? Council didn’t object. FO Hatfield shared with Council a list of items Jaime of ND Solutions wanted to purchase for the Water Treatment Plant. Council didn’t object.
3rd read of Ordinance 2024-3 (formerly 2023-14) Amending the Water Bill Payment Schedule, Penalties and Shut Off Conditions. Councilman Best asked if Council wanted to consider increasing the cost for shut offs. Councilman Beamer reported he felt it should be left the way it is.
Councilman Beamer moved to adopt Ord 2024-3; Councilman Best seconded the motion. Vote: 4-0 (Councilman Stanfield had left at this point). Motion carried.
Village Website & IT:
Unfinished, Old Business and New Business:
Executive Session: Councilman Beamer moved to enter executive session to discuss personnel, Councilwoman Lenhart seconded. Vote: 4-0 (Councilman Stanfield had left at this point) Motion carried.
Next meeting: Thursday, January 25, 2024, at 7:30 PM.
Motion by Councilman Beamer, seconded by Councilman Best to adjourn the meeting. Time: 10:00 PM. Vote: 4-0. Motion carried.
