HomeMy WebLinkAboutCCM-03-07-77 MINUTES 0~ THE
CITY COUNCIL MEETING
March 7, 1977
The regular meeting of the City Council was called to order at 7:30 PM by
Mayor Pickett, who presided. All members were present.
Councilman Reiman gave the invocation. Mayor Pickett led the pledge of
allegiance.
Mayor Pickett read letter from Purdue regarding the Lynnwood well site aud
also a copy of a letter from them to the Governor regarding the appraisals
necessary for the site.
GREYHOUNDWEEKPROCLAMATION: Mayor Pickett read proclamation concerning the
winning of the sectional tourney by Carmel High School amd proclaimiD~Friday,
Ma~ch ll as Carmel Greyhound Day.
APPROVAL OF MINUTES: Councilman Dean moved to dispense with the reading of the
minutes and approve them as received, Councilman Swift seconded it and it
passed unanimously.
WATER BOND ORDINANCE ~A-4~: Councilmsm Garretson moved Ordinance #A-~9 be
approved for final readiD~. Councilman Meacham seconded it. Councilman Reiman
stated she would like to go on record as statiD~ she had her reply from the
Mayor delivered by a policeman and she did not approve of policemen delivering
anything to her home and she respectfully requested Mayor Pickett never to send
anything having to do with City business by a policema~ or fireman. Mayor
Pickett stated when police make a delivery of this type they are on patrol and
going through the neighborhood anyway so there is no special effort on their
part. Mayor Pickett stated she could come to the City Building and pick it up
in the future. Councilman Reiman then read a letter she had sent to all elected
officials and stated she would like for it to be in the records. See attached.
Mayor Pickett then read his reply to Councilman Reiman's letter. See attached.
Mayor Pickett stated there was no visual drawing; however, complete plans were
available for review. Councilman Swift stated he had checked with Bob Knight,
attorney for the Indiana Association of Cities and Towns, who stated we could
probably get by without reading it by briefly explaining the ordinance. Mayor
Pickett then stated it was a bond issue ordinance to finance the water expansion
system which would include the construction of a million gallon storage tank,
a tie-in line to the main and the drilliD~ of a well on the Lynnwood Farm and
the construction of a tie-in main to the well up to the Junior High on E. 126th St.
This main would simply carry water from the well up to the point where the present
two existing wells are at this time. It does not include an increase in rate.
Mayor Pickett then called for the vote to adopt the ordinance and it passed
unanimously. Councilman Swift then moved that application be made to present
a petition to the Public Service Commission to have the bond issue approved.
Councilman Doane seconded it and it passed unanimously.
RESOLUTION LIMITING EXPENDITurES OF FUNDS FOR "INSPECTION" OF WATER STORAGE TANK:
Proposed resolution limiting expenditure of funds for "inspection" of water
storage tank to $20,000 was read by Mayor Pickett. Councilm~u Garretson moved
for adoption of proposed resolution. Councilman Reiman seconded it and it passed
~ ayes i nay. Councilman Meacham voting nay. Councilman Dean abstaining.
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2/7/77
FRiNGE BENEFIT PROGRAM 0RDINANCE~D-111: Councilman Meachammoved to adopt
proposed Ordinance #D-111 providing a fringe benefit program for the City employees
which was introduced at last meeting. Councilman Doane seconded it. Councilman
Reiman asked for a clarification on the sick leave. She stated she felt the
employees who had been with the City for quite a few years should officially
start with some accumulated sick leave rather than start as a new employee with
only twelve days sick leave. M~yor Pickett stated possibly they could be started
with twelve days. Mr. Robert Hoyt, city employee, asked if the sick and vacation
days allowed were defined as working days. M~yor stated yes. Mr. Hoyt stated it
should be stated that way in the ordinance. Mr. Bob Allen, city employee, stated
he was concerned about supervisory overtime allowance. Councilman Gzrretson moved
to table this item until the next meeting to get some inequities ironed out.
Councilman Relman seconded it and it passed 6-1. Councilman Coots voti~nay.
OVERTIME: Councilman Reiman stated she had requested the Mayor look into excess
overtime in the Utility department, and was wonderingwhat he had determined. Mayor
Pickett stated he had checked with the Utilities Manager and had been informed the
overtime was necessary. Utilities Man~ger stated there was circumstances requiri~
overtime hours by the persormel. The Board of Public Works is looking into the need
for an additional employee.
CATV REPORT: Councilman Coots stated he and Councilpersons Swift and Reiman met with
the Vice-President of Operations of Telesis Corp. which is the parent of Hamilton
Cable TV, and with their controller, Mr. Jones, and with Mr. Robbins, and their local
operati~ personnel last Thursday. The personnel from Telesis Corp. supplied them
with their operating statements for the years 1975 and 1976 and their January 1977
to date oPerati~~ statements. The francise agreement under which they utilize
city easements, on a petition on increase in rate, requires the Council to act
within 60 days to delay or turn down such a request. If the Council takes no action
during this time it then goes into effect. Telesis position is that they were down
some 13% as a loss versus their capital invested here locally. Comparative figures
show that the Carmel area is one of the lowest per month hook-on charges, etc.
Councilman Coots then moved the Council defer any action on this and permit the terms
of the francise ~reement to go into its owen effect and auy rate redraft proposed by
the Hamilton Co. Cable TV people be permitted to go into effect 60 days from Feb. 15th,
the date of their letter requesting such review. Councilman Reiman stated she did not
feel that percentage of a~.loss was not bad for a new company and she would recommend
not allowing the increase. Councilman Swift stated he was not too impressed with
their answers about their public service channel and would like a specific outline as
to what they a~e going to do with that channel. Mr. Robbins, Division Manager, was
present. Councilman Garretson asked him if the Councilmen would submit letters to
him would he attempt to have them answered by next meeting. Mr. Robbins stated he
would. Councilman Coots motion died for lack of a second. Mayor Pickett stated he
would bring this back at the next meeting.
Meeting was recessed at 9:02 PM.
Meeting was re-convened at 9:12 PM.
MT. CARMEL ANNEXATION: Mayor Pickett stated he would like to bring up the fact
there has been a lot of speculation in the local papers about possible annexation
of Village Farms area north of Carmel. The possibility of extending zoning had
also been contemplated. There is no zoning control at this time. Mayor Pickett
stated the Board of Public Works is investigating it. Mr. Kern stated in his
opinion the Plan Commission could use their two mile statue allowance even thou~
we do have a joinder. That two mile area is entitled to another man on the Plan
Commission or the Board of Zoning.Appeals. There would be problems, so perhaps it
would be easier to bri~ the area in. Councilman Coots stated he would bring it up
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3/7/77
at the Plan Commission meeting March 15th.
01~IDNANCE APPROVING PURCHASE OF LA~D: Proposed Ordinance #A-50 approving
purchase of land for million gallon storage tank was read by Mayor Pickett.
Councilman Meachammoved to approve proposed ordinance, as read, Councilman
Reiman seconded it. Councilman Swift moved to suspend the rules, Councilman
Doane seconded it and it passed unanimously. Motion to approve ordinance
passed unanimously.
CU/{B CUTS ON CARMEL DRIVE: Councilman Coots stated he had requested this
item be placed on the agenda because the m~tter csme up at the last Plan
Commission Meeting~and Mr. Hohl met with the Commission with reference to
the Board of Public Works policy on 6urb cuts on Carmel Drive. There is no
policy on curb cuts now. Carmel Drive was built and developed to be a
wide street to accommodate basically unlimited curb cuts on Ca~mel Drive.
That, in his opinion only lends to sm~ll piece meal development on Carmel Drive.
He felt the master plan has been around in quite a few different fashions in
1968 when it was adopted and the City who must maintain and service those
streets, etc. have some sort of policy on limiting the number of curb cuts on
Carmel Drive or focusing the traffic that is going to be generaSed in that
area to Keystone Way, Woodland Way or those streets that are perpendicular
Carmel Dr. Mayor Pickett stated the Board of Public Works had not had a chance
to review it yet and would look into the matter.
SEWER EXTENSION TO FIDELITY CENTER: Councilman Coots stated he had talked with
Mr. Hohl regarding the possibility of Carmel extending, at Fidelity's cost, a
sewer line from the available Carmel western sewer out to Fidelity Center. The
cost factors would determine the size of such sewer and whether or not other
access would be afforded to those areas that live within a block of ll6th St.
The reason he had asked that is Fidelity Center has a proposed development before
the Plan Commission that would include holding tanks that their present bank is
on and they are contemplating a six million dollar addition out in that area,
ll6th St. and Meridian, and as opposed to putting whatever sum of money in the
ground in terms of a holding tank-why not put it in the ground in terms of a
sewer between Fidelity Center and the City of Carmel to thus permit annexation
and permitting other residents in the area to have access to it and he had asked
Mr. Hohl his thoughts on that. Mr. Hohl stated he had given it consideration
and he just didn't think "you could get there from here." There were only two
places even remotely close for connection - one would be Twin Lakes Apts at
126th St. requiring the discharge to go to the north plant and that is capacity
obligated at this time. The other alternative is from the Gradle Industrial
Park at Carmel Drive and 3rd Ave. That is Keystone Interceptor, which is over-
loaded at pea~ times.
D±~'~'ICULTY IN OBTAINING ACCESS TO UTILITY REC01{DS: Clerk-Treasurer stated she
had requested access to the utility records to obtain information for filing
leins for delinquent sewage bills. After being informed the utility clerks
were too busy to get it during regular working hours, the Clerk-Treasurer
requested a key to the records so that she might look the information up on a
Saturday so as not to interfer with the work. The request had prompted a written
memo from the City Engineer and the Utilities Manager and given to the Council?
which she felt compelled to answer to. Both memo's attached to original minutes.
Clerk-Treasurer stated she understood that all monies owed the City was to be
paid to the City Treasurer and felt that perhaps the City was not operating the
way it should be. She stated that during the first year as a City we had
concentrated on clarifying the duties of the Mayor and the Council now needed
to clarify the duties of the Clerk-Treasurer. Mr. Kern stated Ed Murphitt, of
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the State Board of Accounts, had stated that in some smaller communities, frequently
the utility department and the office of the Clerk-Treasurer are united into one
but he said in the larger operations such as we have it is seldom done. Clerk-
Treasurer stated the two municipalities she visited were larger thmu Carmel and
that was the procedure they followed. Mr. Kern stated if the Clerk-Treasurer had
money in the budget that might be all right but utility personnel paid by the
Utilities is exclusively under the Board of Public Works so regardless of what
m%vbody has to say about it he really didn't see how a Clerk-Treasurer could
supervise anyone over in the utility which is under the Board of Public Works.
Clerk-Treasurer asked if receiving of utility monies is under the control of the
Board of Public Works. M~yor Pickett stated all the employees were. Clerk-Treasurer
stated she could ask that the money be paid to her inasmuch as all monies owed the
City is supposed to be paid to the City Treasurer. Mayor Pickett stated the Board of
Public Works does operate the Utilities. Clerk-Treasurer stated she understood that
but she also understood that she was the Treasurer of the Utilities and while the
Board of Public Works m~d the Utilities, the Treasurer managed the finances.
The Treasurer of the utilities is the one accountable for the money. Councilman
Swift asked the Mayor to please see that a key be made available to the Clerk-
Treasurer. Mayor Pickett stated he would get everyone concerned together and try
to work it out. Councilman Swift stated the last paragraph of the memo from Hohl
and Dougherty just verges on bad taste stating the Clerk-Treasurer might possibly
leave the records in a 'mixed-up" condition. He stated he had never known Peggy Smith
to leave anytiD~ in a "mixed-up" condition and he didn't think they had either.
Councilman Reiman stated she felt we should have a report on the clarification of the
duties of the Clerk-Treasurer in a couple of weeks. Mr. Kern stated he understood the
Clerk-Treasurer had the authority to audit the books at any time and had access to the
records at any time but that was the extent of her control. Clerk-Treasurer asked
why utility money would be any different than tax money. Mayor Pickett stated he
had no intention of turning any employees bf the utility over to the Clerk-Treasurer's
office and as President of the Board of Public Works that was his stand on it.
Councilman Coots stated he felt the Clerk-Treasurer should have the means to carry
out her job and if that job is to file tax leins then she should be able to do it.
He would like the Council to nominate one or more of its members to resolve this issue
since it is somewhat of a dispute involving the various functions of government and
if it eventually boils down to the Council adopting Phil Conklin's recommendation
that the Clerk-Treasurer supervise utility clerks, it is up to the Council to see
that that has some input to the Mayor's office.~ Mayor Pickett stated the Council
could not direct him to do anything. They do not have that authority and he was
not placing any utility employees under the supervision of the Clerk-Treasurer.
Clerk-Treasurer asked why other m%micipalities could do it. Mayor Pickett stated he
didn't care what other municipalities did,but the Council couldn't direct him to do
anything. Councilman Coots stated if they felt what he was doing was unlawful they
could sue him and require him to do it. Mayor Pickett stated they could sue, but
that's all they could do. Mayor Pickett stated the Clerk-Treasurer could have access
to the records but that was all that was necessary. Councilman Meacham asked if the
Clerk were bonded. CLerk-Treasurer stated only for $2,500.00 and if anything happened
it falls back on her bond. The Mayor isn't bonded.
AVAILkBILITY CHARGES: Councilman Swift asked if Clyde Williams would have some
information on availability fees ready for the Council at next meeting. Mayor stated yes.
There being no further business ?he meeting was adjourned at 10:20 PM.j
( ~ Approved:
ATTEST: ~ /'
Peggy Lou Smith, Clerk-Treasurer
~rt B. Pickett, Mayor