3-22-2018 Council Minutes

  1. Mayor Bryan Shock called the March 22, 2018 Village of Attica Council meeting to order at 7:33PM.
  2. Roll Call: Louis Sanders, Ed Treft, Kirk Stanfield, George Yakoubian, Jeff Love, and Nate Frisch. Other’s present: V.A. Martin, Chief Turner (7:41PM,) Fiscal Officer(s) Amber Coontz and Pat Krebs, resident M/M Scott Dorris+ and Press.

Motion by Councilman Yakoubian, seconded by Councilman Love to approve the warrants for payment. Vote: 6-0. Motion Carried.

Motion by Councilman Love, seconded by Councilman Frisch to approve the minutes as presented. Vote: 6-0. Motion carried.

  1. Written & Oral Communication: Resident Scott Dorris had questions regarding the properties within the village limits that had not taken care of the debris in their yards. He wanted to know if the Ordinance was going to be enforced. Mayor Shock indicated that this was addressed at the last council meeting. In addition, the Mayor stated that four (4) letters have already been sent out.

Also, Mayor Shock read Fiscal Officer Patricia Krebs Retirement Letter and thanked her for all of her dedication and many years of hard work; all present gave their appreciation and well wishes to her. Motion by Councilman Yakoubian, seconded by Councilman Love to accept F.O. Pat Krebs retirement. Vote: 6-0. Motion carried.

  1. Committee Matters:
    1. )Public Safety – Chief Turner confirmed what the Mayor had stated previously and did give a warning to four residential properties, along with a copy or Ordinance 2017-8, to clean up the nuisance at their locations. The Chief said that one person has responded and he felt that they were starting to comply. He mentioned that they have been informed that the first offense was a minor misdemeanor, including $150 fine, as well as, $90 in court costs. In addition, he stated that if there would be a second offense it is an M4 (misdemeanor in the 4th degree and would carry a heftier punishment.) The Chief also touched on his department needing new bulletproof vests, as theirs has exceeded the five (5) year life span. He indicated that he was looking into creative funding to help with the cost associated with the vests and was looking at obtaining quotes. One quote he received was approximately $6,000.00. Councilman Yakoubian asked Chief Turner what would be done with the old ones. There was discussion regarding the safety and threat of malfunction due to the breakdown of the Kevlar and the Mayor asked not to loan them out (or use them) for their safety and the liability associated with them once the vests have been replaced. Lastly, Chief Turner touched on the street lights. People are starting to call them in. This allows a work order to be created but they typically will not start until there are approximately seven – ten work order’s called in. The current count of faulty lights hasn’t quite been determined. However, the Chief is following up on them as they come in.
    2. )Streets and Properties – Greg indicated that he received an email that the bids are currently being reviewed by the health dept. Also, Councilman Yakoubian mentioned that the Historical Society will no longer “sponsor” (create the list and maps) for the annual garage sale (this year being dated 5/31/18-06/02/18.) He wanted to see if anyone could take the task of collecting names and addresses. He asked Bonnie to place it into the Hub and stated he would advertise it on the Village website as well.
    3. )Trees –
    4. )Parks –
    5. )Fire – no report
    6. )EMS – no report
    7. )Cemetery – Councilman Love was unable to attend the meeting
    8. )Personnel – Mayor requested an Executive Session following the Council Mtg.
    9. )Zoning –
    10. )Finance and Rule – Total of all funds amounts to $956,159.20
    11. )Water and Sewer – Cleaning up at the old WWS plant hopefully to be done by 3/23/18. In addition, Councilman Yakoubian had Sheryl run an Account Receivable on Aging Report to get a sense of where this debt is at. Some accounts have been written off but it showed $11,519.88 (some have been tax assessed,) however, the concern is this figure is becoming too high and he doesn’t want it to go unnoticed for budgetary purposes. It is necessary to get this dollar figure reduced with these delinquent/past due invoices that are 30, 60, & 90 days past due. Council should view this report on a regular basis.
    12. )Village Website and IT – maintenance done on computers and Councilman Yakoubian will get a report of what was completed.
  1. Unfinished – Old Business – New Business:

Unfinished – Third read of Ordinance 2018-4 to Approve Richard Palau as the Village Solicitor. In the matter of Attorney Richard Palau; Councilman Stanfield asked if Mr. Palau if the activity in Section 2 (of Ordinance 2018-4) is written into Code. Mr. Palau mentioned that the Village Solicitor is appointed every two years and that he cannot ask for more (money) and he cannot ask for changes. He indicated that he is not a village employee and that the Ordinance is basically a contract to retain him. Councilman Stanfield asked if that is all there is and Mr. Palau replied with a, “yes.” Councilman Stanfield question why section 4 of the ordinance had been omitted and wanted to know if Mr. Palau will be working on the upcoming Ordinances, Resolutions, and Contracts. Mr. Palau responded by mentioning that section 4 was omitted because the language pertained to the Ordinance being read as an emergency the previous time and council had three reads this time so it wasn’t necessary to have that particular piece specified this time. Mr. Palau stated that he would be writing all the necessary upcoming Ordinance, Resolutions, and Contracts. Councilman Stanfield suggested on correcting some of the verbiage and having a performance review. Mr. Palau mentioned that it’s okay that he and Councilman Stanfield disagree and that he doesn’t reinvent the wheel, he has a specific structure and guidelines that he follows. Councilman Yakoubian indicated that Council does, in fact, bear the responsibility of what the Village Solicitor writes and feels that the Ordinances are well written and that Mr. Palau does correct work with Statutory Authority and that Statutory Authority is difficult to understand for most individuals who have not passed the bar exam and have had the proper training and education with regards to the latter. Councilman Stanfield was not comfortable with the Village Solicitor writing his own Ordinance. However, after much discussion it was determined that he is the individual with the authority to do just that.

Motion by Councilman Frisch, seconded by Councilman Yakoubian to accept Ordinance 2018-4 Approving Richard Palau as Village Solicitor. Vote 4-2, with Councilman Stanfield and Councilman Treft voting no.

Motion carried.

New Business – Councilman Treft wanted to know if the village could re-start the “Junk day.” The Mayor indicated that the state cut the funding and we cannot bankrupt the general fund. He mentioned that if the state ever reinstates the money, the village would be happy to do it. Mayor Shock stated that the village has to pay by the tonnage to dump and pay for the dumpsters. Councilman Yakoubian mentioned that this project costs thousands of dollars. The Mayor hopes that the next Governor will reinstate the money. There was discussion on how to get rid of junk by placing “free” signs on it. Councilman Treft wanted to know what the Village gives back to its community. Councilman Frisch mentioned that we love to give back to the community but it costs money to do stuff. Fiscal Officer Krebs, putting the situation into perspective, stated that in 2012 we received almost $62,000.00 and when that was cut the village has lost approximately $217,000.00 in the past eight years because of it. V.A. Martin said that he would love to have a junk day, Christmas lights and more community involvement but the funds are simply not there. There was discussion with regards to how the garbage is charged and how the village could do things to attract more people to the community.

In addition to the above, Chief Turner stated that John Davoli would be coming to the next meeting to update the Village about the Public Safety Grant that did go through.

An Executive Session:           

Motion by Councilman Love, seconded by Councilman Sanders to enter into executive session (with no result,) for Personnel. Time: 8:25 pm. Vote: 6-0. Motion Carried.

Motion by Councilman Love, seconded by Councilman Sanders to enter out of executive session and back to the regular meeting. Time: 8:30 pm. Vote: 6-0. Motion Carried.

Next Meeting: Thursday, April 12th, 2018 at 7:30 P.M.

Motion to adjourn the meeting. Time: 8:36 P.M. Vote 5-0. Motion carried. (Councilman Stanfield left at 8:31 pm.)

_______________________________                                             ____________________________

Mayor Bryan Shock                                                                         Fiscal Officer Amber Coontz