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HomeMy WebLinkAboutCCM-08-01-77 MINUTES OF THE CITY coUNCIL MEETING August 1, 1977 The regular meeting of the City Council was called to order at 7:3~ PM by Mayor Pickett, who presided. All members except Councilwoman Reime~u were present. Clerk-Treasurer and City Attorney were present also. Meeting was televised by Hamilton Cable TV. Councilwoman Doane gave the invocation. Mayor Pickett led the pledge of allegiance. Councilman Garretson moved to correct the minutes of the July 18th meeti~ by changing the name Helen Novak to Helen Horvath and Mr. Badger to Dr. Hugh Thatcher, Councilwoman Doane seconded it and it passed unanimously. Councilman Swift then moved to approve the minutes of the July 18th meeting as corrected, Councilman Meacham seconded it and it passed unanimously. Councilman Maacham then moved to approve the minutes of the July 27th special meetiD~, Councilman Ga~retson seconded it and it passed unanimously. MAYOR'S STATemENT: Mayor Pickett stated before the Council got into the first item on the agend'a he would like to make a statement. He then read a prepared statement as follows: "I regret to announce that as a result of a disagreement with me over a rather routine matter within the po'lice department, Robert Jenkins, A1 Sheriff and Joel Stonecipher have all offered me their resignations as Police Commissioners and I have accepted them. This is effective upon appoint- ment of new commissioners. All three of these men h~ve worked long and hard for the City and I have appreciated their fine work and I will appreciate any recommendations which members of the City Council may make concerning their replacement." Mayor Pickett then stated that he did not feel there were any dishonest officials or employees in City government, but there were some disagreements between some Council members and the Mayor. He further stated that a resolution was now before the Council to form a committee to investigate the police department. He stated he knew of no reason for the investigation other than determiningwho sets salaries and policy, the Council or the Police Commissioners. He stated he felt the statue setting up the Police Commissioners was clear in that the Police Commissioners had full authority. He stated because of the bad publicity for the police department resulting in even forming such a committee, he would therefore request that the resolution be withdrawn. OLD BUSINESS: AGER-DA ITEM#l: ~: Councilnmm Coots passed out copies of Resolution ~2-72777 which was introduced at last meeting, amd moved for its adoption, Councilman Swift seconded it. Councilman Carretson stated under normal circumstances, he would support the resolution. However, given the fact he didn't expect these resignations and given the fact the Mayor has requested that it be withdrawn he would move to table Resolution ~2-72777, Councilman Dean seconded it. Councilman Coots stated he would strongly oppose any move to table this resolution. He stated some of the matters within the police department could and should be investigated prior to budget setting time and felt this matter was far too important to be pushed aside for two weeks. He stated to postpone this based upon the Police Commissioners resignations adopts those three gentlemen scapegoats for what has occurred in the police department since January l, 1976, which is not his purpose at all. M~. Kern stated as to the question as to whether the police commissioners control the salaries of the police department, in his opinion it was rather clear. The ~ollce Commissioners do. Page However, the City Attorney could petition the Circuit Court judge to rule on a~y differences of opinion. Councilman Swift stated at the first meeting of the Council an ordinance was passed creating a police commission in Carmel and possibly the Council should consider whether or not they made a mistake and whether they ought not just accept the resignations o~_~_the Police Commissioners and just not have anymore Police Commissioners. Motion to table the resolution failed 2-4. Councilmen Swift, Coots, Meacham and Councilwoman Doane voting nay. Motion to adopt Resolution ~2_72777 passed unanimously. Council- man C~rretson then moved that the full Council act as a committee as a whole in constituting this investigative committee, Councilman Coots seconded it and it passed unanimously. Councilman Swift moved to amend the motion to include that Councilman Coots serve as its chairman, Councilman Meacham seconded it. City Attorney stated the statue which allows the Council to set up a special committee in his opinion has no provisions for placing witnesses under oath. Councilman Swift stated there would probably be a number of legal questions coming before the committee and he felt that was a good reason for making Councilman Coots the chairman. Councilman Dean asked if there were fumds in the budget for the Council to retain an attorney. Clerk-Treasurer stated there was $1,000. Motion to amend passed unanimously. Council agreed by consensus to hold a special meeting Thursday, A~ust 4th at ?:~0 PM for the purpose of approving the budget for advertising ptu~poses. The Council would then have an organizational meeting after the budget meeting adjourns to decide on how to proceed on the investigative committee. NEW BUSINESS: AGENDA IT~ #l: RELIEF PROCRAMFoR CITY SEWAGE: Mr. Ron Grumbacher appeared before the Council and read a petition as follows, "We, the undersigned residents of Carmel do hereby petition the Carmel City Council for summer relief from Carmel Sewage & Waterworks charges. We strongly urge the passage of an ordinance granting us the percentage reduction or enactment of a flat rate charge since we do not use Carmel water~ Because we are on the Indianapolis Water Co. system, we believe such a reduction to be fair and equitable. We further urge the summer relief to be retroactive to May l, 1977." Petition was signed by 10~ residents in Briar Creek I and II subdivisions. Mr. Grumbacher stated in 1975 they were granted summer relief and just paid a flat amount throughout the summer months. He stated he got absolutely no satisfaction when he called the Utilities Manager or t~Mayor. Councilman Garretson stated the reason the Council decided not to give a general summer sewage rate was because of a water shortage until the new facilities are constructed. Offering st~mmer sewage rates would have encouraged the use of more water. Councilman Garretson stated he wasn't sure the Council could pass an ordinance for just a portion of the City. Mr. Grumbacher stated the Mayor had given him the argnement of a water shortage, but he did not see how that applied to the people on the Indianapolis Water Co. system. Mr. Kern stated he felt the Council could pass an ordinance separating the two users, but he wouId check with the Public Service Commission before the next regnlar meeting. Councilman Garretson stated the Council could consider an amendment at the August 15th meeting if the City Attorney determines they can do so. AGENDA IT~I ~2: JAYu~.'~.'S REQUEST FOR CMAMTTy R~AB~LOCK: Mayor Pickett stated this matter was s~mething the Board of Public Works could resolve, he was merely bringing it to the Council for comment. He stated a number of organi- zations come in asking to set up roadblocks. Some citizens had protested and Page 3 8/1/77 he felt a policy should l~e established. Councilman Swift suggested establishing in the rules that the roadblocks be restricted to one intersection, no organization to h~ve more than one a year, requ/re them to post signs a block away and that the recipient of the donations not approach the driver of the car. AGENDA ITEM #3: ORDINANCE AUTn0RIZING NEW POSITION IN FIRE DEPARTMENT FOR SECRETARY-DISPATCHER: Mayor Pickett read proposed Ordinance #D-126 authoriziD~ new position in the fire department for secretary-dispatcher. Counci]m~. Garretson moved to adopt proposed ordinance, Councilman Swift seconded it. Councilman Swift moved to suspend the rules, Councilman Doane seconded it and it passed unanimously. Motion to adopt passed unanimously. AGENDA ITEM #~: TRAN~F,:R FUNDS ORDINANCE: Mayor Pickett read proposed transfer of funds ordinance transferring funds within the fire department, building commissioner, police department and street department. Col~ncilm~% Garretson moved for adoption of proposed ordinan6e, Councilman Coots seconded it. Councilman Meacham moved to suspend the rules, Councilwoman Doane seconded it and it passed unanimously, Motion to adopt passed unanimously. Meeting was recessed at 8:55 PM. Meeting was re-convened at 9:00 PM. AGENDA ITEM#5: DOG POUND COI~TRACT: Mayor Pickett stated Noblesville had sent a proposed agreement between the City of Carmel and the City of Noblesville in the amount of $3,630.00 for 1978 for use of the dog pound in Noblesville. This was based on population ratio. Police Chief Barney stated he had checked into using other facilities and found that the Home for Friendless Animals was not interested and the Indianapolis Humane Society would accept them at $2.00 per dog, however, we would have to give them the authority to destroy them. There would be no guaranteed holding time. Chief Barney stated they now~have pens that they keep stray animals for eight hours or so and if they can't find the owner they t~ke them to the pound. He stated they tske one or two a week there. Most of the animals they find do belong to someone. Dr. Durr has been of great help to the police department in helping locate the owners and t~king the injured animals free of charge. Councilman Swift suggested the Mayor contact the Mayor of Noblesville and ask him to compute the percentage based on the number of dogs rather than people amd advise the Council at Thursday's meeting. AG~"NDA ITEM#6: AMENDMENT TO 1~77 SALARY ORDINANCE: Mayor Pickett stated this had been tabled due to the fact the Board of Fublic Works could take care of it. AGENDA IT~#7: W~9~.w SERVICE FOR DICK FISttER S~B-DIVISION: Councilman Coots passed out proposed ordinance amendiD~ the ordinance establishing a water service by excluding Dick Fisher development, Briar Lane, from the service area. Mayor Pickett read proposed ordinance. Mayor Pickett stated he was not in favor of amendiD~ this ordinance. Councilmaa Garretson stated he recalled the only reason that area was put in the service area was not to put in jeopardy our claim to the water mains in Briar Creek I amd II. Councilman Coots stated he felt it was ridiculous for us to cross that 20" main with water service to go down south below that area. If you consider the requirements of the Board of Public Works in the particular application in this instance it is not tied in any way to the development or purchase of the Briar Creek houses being served by Indianapolis, but instead for a cost of $80,000 plus, the Board of Public Page 4 Works has told Mr. Fisher that he would have to construct, at his expense, a 12" main from 600' north of 106th on Haverstick to his property line then 1200' to the west alon~ 106th St. which would be in exact parallel to the 20" Indianapolis main, then 2600' south throu~h an easement that runs along the east side of Briar Creek which presently is heavily treed and occupied by two other utilities and creates substantial disruption to those residents who live in Briar Creek along the east side of that development. Councilman Coots stated Mr. Fisher had indicated to the Board of Public Works and to him in correspondence that he would pay to the Carmel Water Utility the equivelant user charge or the aid to construction charge of $450 per home for each of the l~0 homes in that area so the City would notbe out that fee.Mr. Fisher's time table for the devellopment would not permit the Carmel water system to expand adequately to accommodate that many users. Mayor Pickett stated we were presently in the process 9f possibly taking over the Briar Creek system. City Attorney stated that possibly by next meetin~ he might know when or if this will take place. Councilman Garretson suggested the City Attorney add a provision in the proposed ordinance covering the $450 aid to construction fee for each of the lots and report back by next meeting. Ordinance was shown as being introduced. ADDED ITEM: Councilman Swift moved to add to the Agenda a discussion on police salaries, Councilman Coots seconded it and it passed 5-1, Councilman Dean voting nay. Jim Nelson, Attorney, and resident of Carmel~appeared before the Council and stated he had been asked as a friend of many of the Carmel policemen to help them discuss with the Council the budget for the police department. Approximately l0 policemen were present. Mr. Lee Dolen, patrolman, stated they were here because they did not feel they had adequate representation from the Chief or the Police Commissioners. Mr. Jerry Lowe passed out a copy of the letter that had previously been sent to all Councilmembers. Attached was a chart showing Carmel's assessed valuation since 1972 and total general and police budgets~: since 1972. Mr. Lowe stated the cost of liviD~ in Carmel was higher than elsewhere in the state and they were requesting the salary portion of the police budget to be increased by 25% and starting pay be increased approximately 16%. There being no further business the meetin~was adjourned at 10:05 PM. Peggy Lo{~ Smith' Clerk-Treasurer Approved: