Mayor Bryan Shock called the June 13, 2019 Village of Attica Council meeting to order at 7:32 PM.

Roll Call: George Yakoubian, Justin VanAlstine, Louie Sanders, Ed Treft, and Kirk Stanfield

Others present: Solicitor Rick Palau

Approval of Warrants: Motion by Councilman Yakoubian, seconded by Councilman VanAlstine to
approve the warrants for payment. Vote: 5-0. Motion carried.

Approval of Minutes: Motion by Councilman Sanders, seconded by Councilman Treft to approve the
minutes. Vote 4-0. Councilman VanAlstine abstaining. Motion carried.

Written & Oral Communication: Resident Kandis Buchanan discussed her concerns about two
properties on either side of her home. She stated that 406 Maple is in bad condition, cars everywhere,
and they have made the residence into a barn. She called the Health Department regarding this, but
they directed her back to the Village Solicitor. She is asking for someone to help her do something to
rectify the situation. Mayor Shock advised that since the Police Levy was voted down, we don’t really
have anyone to enforce the issue. Buchanan also stated that the property on the other side of her, 415
N Main St, is also in bad condition. She questioned why the Village wasn’t doing anything or putting in
for money. Buchanan submitted pictures of each property in question and ordinances that she could
find that might be relevant. She questioned how the building could be a barn in a residential area.
Councilman Sanders asked whether or not there was a residence in the barn. Buchanan stated it’s listed
as a residence with 1.5 bedroom within the structure. Solicitor Palau suggested finding out whether or
not there are residents living in the structure. If so, it would be a Health Department issue. If not, it will
go delinquent. Buchanan doesn’t think there are actual residents living there, because the property was
not brought up to code within the time frame that was given. Councilman Stanfield asked whether or
not the Village has a building maintenance code. Buchanan stated that she could not find one when she
looked earlier. Further discussion was had on whether or not zoning laws would come into effect and if
the Zoning Commission could enforce those laws. It was confirmed by Solicitor Palau that without
police, the only action we could take is civil, not criminal. It was also stated that civil court costs a lot
with legal fees and time, where criminal does not. Buchanan expressed her concerns that without
people paying taxes properly in the town and without police enforcement, it’s going downhill, and she
intends to move if nothing is done to correct these two properties.

Mayor Shock announced that we received a letter from regarding an intent to sue. Councilman Stanfield objected, stating that it was litigation and would need to be addressed in the back room. Solicitor Palau confirmed that it’s Council’s decision to read the letter in public. Councilman Stanfield then stated he was going home, as it was not meant to be read in public. Stanfield exited the meeting at 8:05pm. Mayor Shock went on to give background information regarding Stanfield and his past with this issue. He is currently hooked up to the Village sewer system but not water. He doesn’t feel that he should have to pay for sewer services, had sued the Village twice in the past and the County, but has lost all three times. Mayor Shock went on to read Stanfield’s letter aloud regarding his intent to sue in the amount of $50,000 for “wrongful billing, excessive usurious ‘late’ fees, civil rights discrimination, extortion.” Shock noted that Stanfield is not the only resident in the Village with the flat rate sewer billing, as one other resident is on the same plan. Solicitor Palau stated that the last time he sued, he lost in the Court of Appeals, so at the last minute, Stanfield paid what he owed. However, the Village was still left with legal fees for the attorney hired to handle this matter. If Stanfield sues for the same issues as before, it would become a frivolous action and action could potentially be taken on Stanfield and the lawyer who files the frivolous suit. A large concern is the cost to the Village caused by Stanfield’s actions. Mayor Shock noted that in the past, the Village incurred thousands of dollars in additional audit fees because Stanfield had called and filed a complaint, resulting in another audit after one was just completed with no findings. Councilman Treft did inquire as to how the flat rate was calculated. Mayor Shock advised it was an average. Resident Lance Drummond shared some of his thoughts on monitoring usage, like having residents on flat rate sewer pay for the cost of installing a monitor. The issue then becomes whether or not the whole Village would then need to be on a monitor and the high costs associated. Resident Scott Dorris objected, stating that his costs were high enough and wouldn’t want the additional billing. Dorris also noted that Stanfield has cost the Village in other areas, like causing emergency meetings to vote on issues instead of in regular meetings.

Mayor Shock read a letter from the Ohio Department of Health regarding a lead abatement for qualifying residents to receive assistance for costs to remove lead from their home. The letter also included informational posters that can be put up around town.

Shock also read a letter from the Family Research Council regarding the display of a nativity scene outside municipal buildings and their services available for assistance with any issues arising from such display. Solicitor Palau advised that in his experience, you are OK to continue with such long term traditions but need to remember that all are welcome if they also want to participate in a display of their religion or beliefs for the holidays.

Public Safety: none

Streets & Properties: Mayor Shock advised there was a water main break today. It’s been fixed and the crew is out posting advisories.

Parks: Fiscal Officer Michelle Gullett advised that the next parks levy would be up on the ballot in 2020, in response to someone asking at an earlier meeting.

Trees: Tree Committee Member Lance Drummond stated that he’s contacting Stephanie and getting prices. He we try to get as many as he can that will be good for the boulevard. He also brought up that last May, it was asked if residents with a tree planted on their property could get a $10 water credit during watering months. Drummond also proposed that it might be easier to get a portable tank, fill it with water from the Village and he would water the trees. Councilman Treft supported the tank idea and advised Drummond to check Sunrise, as they may have something that would work.

Fire: had meeting paid bills EMS: had meeting paid bills

Cemetery: Resident Lance Drummond inquired as to who is in charge of the tribute to the unknown soldier at the cemetery, as it needs some maintenance done. Mayor Shock advised the Cemetery Board would be in charge. Councilman VanAlstine noted the next meeting would be the 2nd Monday of the month.

Personnel: none

Zoning Commission: none

Finance & Rule: Cash balance of all funds $1,089,665.40. FO Gullett gave an update that the audit is moving along and should be wrapped up soon. Also, the deadline to have the budget turned into the Seneca County Auditor has been pushed back into August.

Water & Sewer: none

Village Website & IT: none

Unfinished, Old Business and New Business: FO Gullett stated that Chuck Hawk from RITA had reached out with information about implementing an income tax. Solicitor Palau stated he had also been contacted by Hawk. He added that RITA is good at what they do, but the Village would still be required to create an Income Tax Board. Resident Kandis Buchanan asked what the purpose of the income tax would be. Palau advised the money would go to the General Fund and could be used for various things, including police. Discussion was had about inviting Hawk to a meeting for more information. FO Gullett will reach out to invite him to the 2nd meeting in July, per Mayor Shock’s request.

Next meeting: Thursday, June 27, 2019 at 7:30PM. Motion by Councilman VanAlstine, seconded by Councilman Treft to adjourn the meeting. Time: 8:45 PM. Vote: 4-0. Motion carried.

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Mayor Bryan Shock

Fiscal Officer Michelle Gullett