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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. Page 2 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 Page 3 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 Page ~/T/77 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