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HomeMy WebLinkAboutCCM-11-06-89CARMEL CITY COUNCIL MEETING MINUTES NOVEMBER 6, 1989 7:00 P.M. CARMEL CITY MEETING HALL The meeting was called to order by Mayor Dorothy J. Hancock. Council members in attendance were Minnie Doane, Alan Potasnik, Lee Lonzo, David Adams, Frank Fleming, Tom Irvin and Annabelle Ogle. City Attorney Steve Andrews and Clerk-Treasurer Susan W. Jones were also in attendance. The invocation was given by Councilor Doane followed by the Pledge of Allegiance. Councilor Lonzo made a motion to approve the minutes of MINUTES: October 16, 1989 for both the regular and the special meeting. The motion was seconded by Councilor Fleming. All members voted aye. Motion carried. Councilor ORDINANCE D-625/PART-TIME SALARY ORDINANCE FOR 1990: Adams made a motion to table Ordinance D-625 until November 20, 1989. The motion was seconded by Councilor Potasnik. All members voted aye. Motion carried. A motion was made by Councilor Irvin to SALE OF FIRE EQUIPMENT: approve Resolution 11-6-89-1 in order to sell a 1965 International Fire Truck with a 54' Tele-Squirt as in the Town of Westfield for an offered price of $15,000.00. The motion was seconded by Councilor Doane. All members voted aye. Motion carried. Councilor Lonzo made a motion to suspend the rules ORDER OF AGENDA: and allow for the transfer of funds to come before the City Council next. The motion was seconded by Councilor Potasnik. All members voted aye. Motion carried. TRANSFER OF FUNDS: Police Department: Councilor Lonzo made a motion to introduce Resolutions 11-6-89-3, $6,100.00 from #475 to #311 Resolutions 11- 6-89-4, $1,500.00 from #640 to #358 Resolutions 11-6-89-5, $ 500.00 from #690 to #358 Resolutions 11-6-89-6, $2,500.00 from #642 to #471 Mayor Hancock called for the question. All members voted aye. Court: Councilor Lonzo made a motion to approve Resolution 11-6-89-12 and to approve the transfer from #475 to #471 in the amount of $51.75. The motion was seconded by Councilor Doane. The motion was contingent upon approval of the State Tax Commissioners of the additional appropriation. The Judge explained he had received grant money in his equipment fund and now was using the equipment fund balance to pay off leases and cover raises from the first of the year. The transfers were as follows: $600.00 from #252 to #202 $1000.00 from #413 to #202 $100.00 from #475 to #201 $125.00 from #475 to #203 $529.00 from #301 to #101 $1025.00 from #640 to #110 $1800.00 from #358 to #110 $500.00 from #411 to #110 $223.25 from #465 to #110 Engineer: Councilor Lonzo made a motion to approve Resolution 11-6-89-6 in the amount of $200.00 from 442 Telephone to 465 Electric Service and $100.00 from 442 Telephone to 448 Cleaning Services. The motion was seconded by Councilor Potasnik. All members voted aye. Motion carried. Fire: Councilor Lonzo made a motion to approve the following Resolutions: 11-6-89-8 from #467 to #317 $2,000 11-6-89-9 from #120 to #201 $18,000 11-6-89-13 from #120 to #202 $10,000 11-6-89-14 from #120 to #203 $1,000 11-6-89-15 from #120 to #205 $6,007 The motion was seconded by Councilor Irvin. All members voted aye. Motion carried. Councilor Lonzo also made a motion to approve transfer from #315 to #330 in the amount of $1,500.00 and a transfer from 473 to Building Maintenance in the amount of $500.00. The motion was seconded by Councilor Irvin. All members voted aye. Motion carried. Street: A motion was made by Councilor Irvin to approve Resolution 11-6-89-11 in the amount of $6,000 from #434 to #311 (MVH Fund). The motion was seconded by Councilor Doane. All members voted aye. Motion carried. Councilor Lonzo made a motion to approve the following transfers for the street department. From #355 to #314 in the amount of $150.00. From #357 to #350 in the amount of $700.00. From #465 to #488 in the amount of $1,250.00 and from #641 to #642 in the amount of $3,551.00. The motion was seconded by Councilor Doane. All members voted aye. Motion carried. DOCD: Councilor Potasnik made a motion to approve Resolution 11-6-89-16 in the amount of $650.00 from #110 to #442. The motion was seconded by Councilor Irvin. All members voted aye. Motion carried. A motion was made by Councilor Potasnik and seconded by Councilor Lonzo approving additional transfers of $420.00 from #358 to 311 and $650.00 from #110 to #442. All members voted aye. Motion carried. After all the transfers were made, the Clerk-Treasurer suggested a standard form be used by all departments requesting transfers from this point on. The Council agreed. The Mayor stated she would make a note of that and get with her Department Heads. TRANSFER FROM CUMULATIVE CAPITAL IMPROVEMENT FUND TO GENERAL FUND: A motion was made by Councilor Doane and seconded by Councilor Lonzo to approve the transfer of $172,000 from the Cumulative Capital Improvement Fund to the General Fund. This transfer would cover the under-funding of the 1989 budget as determined by the State Tax Commissioners. All members voted aye. Motion carried. PUBLIC HEARING/ADDITIONAL APPROPRIATION/CUMULATIVE CAPITAL A motion was made by Councilor Lonzo to introduce DEVELOPMENT FUND: Ordinance D-628 and suspend with the rules for reading of the same. The motion was seconded by Councilor Fleming. All members voted aye. Motion carried. Mayor Hancock explained the transfer was necessary to cover the shortfalls caused by the assessor's office in the Lease/Rental Fund of $20,045 and $13,001 in the Debt Service Fund. The Mayor then opened the hearing to the public. The Mayor asked for any objections and/or comments from the public. Hearing none, the Mayor closed the hearing to the public and opened it to the Council for objections and/or comments. There were none. Councilor Irvin made a motion to suspend the rules and act on Ordinance D-628 tonight. The motion was seconded by Councilor Lonzo and all members voted aye. Motion carried. Mayor Hancock called for the question. All members voted aye. Ordinance D-628 passed unanimously. A motion was PUBLIC HEARING/ADDITIONAL APPROPRIATION/GENERAL FUND: made by Councilor Fleming to introduce Ordinance D-629 and suspend with the rules for reading of the same. The motion was seconded by Councilor Potasnik. All members voted aye. Motion carried. Mayor Hancock explained the additional appropriation was due to a federal grant the police and court had received in the amount of $37,367.90. And a transfer of funds from Board of Public Works Budget #101 to Fire Department #202 was needed in order to cover health insurance premiums. The Mayor then opened the hearing to the public. The Mayor asked for any objections and/or comments concerning the additional appropriation. There being none, the hearing was closed to the public and opened to the Council. Councilor Irvin asked why this amount had not been budgeted in the "revenues" when the budget was made up last year. The Mayor explained that it would have only been a "guess" and there was no way to know for sure if they were going to get the grant or not. Councilor Fleming made a motion to suspend the rules and act on Ordinance D-629 tonight. The motion was seconded by Councilor Adams. All members voted aye. Motion carried. Mayor Hancock then called for the question. All members voted aye. Ordinance D-629 passed unanimously. CREATING NEW POSITION WITHIN DEPARTMENT OF COMMUNITY DEVELOPMENT: Councilor Lonzo made a motion to introduce Ordinance D-631 and asked the Clerk-Treasurer to read said ordinance. The motion was seconded by Councilor Potasnik. All members voted aye. Motion carried. Wes Bucher, Director of DOCD explained the history behind the need for this ordinance and apologized to all parties involved for the problems it has caused. Mr. Bucher explained that one of his employees, Gayle Stahl, had been hired in February of 1989 and had been promised a certain salary for 1989 and was in fact receiving that salary for the four or five months when the Clerk-Treasurer discovered she was being paid more than what the salary ordinance called for on a bi-weekly rate. The overpayment totals $651.50. Mr. Bucher felt it unfortunate that Mrs. Stahl was being requested to repay this amount and offered a solution to the problem through creating a new position for Mrs. Stahl until the end of the year and the rate of her position would allow her to repay the amount she owed plus allow her to make the amount of money she was promised when she was hired. Mr. Bucher stated her "net" pay for 1989 would not change but her "gross" pay would. Much discussion followed. Councilor Irvin objected to this method of trying to fix or correct a problem. It was his opinion that giving someone a new job or new position and giving then a new salary to compensate for an error was wrong. Other Council members felt it was unfortunate that Mrs. Stahl would have to repay that large of an amount back to the City and would like to see some means of clearing this problem up as soon as possible. City Attorney Andrews stated this ordinance would only be in effect until December 31, 1989 and that on January 1st of 1990, Mrs. Stahl would return to her old position. Should Mrs. Stahl leave employment with the City before the entire amount was repaid the balance could be collected through her last check or should she not have enough money in her last check, could sue her in court for the balance. Councilor Potasnik made a motion to suspend the rules and act on ordinance D-631 tonight. The motion was seconded by Councilor Lonzo. Councilor Irvin voted nay and all other members voted aye. Motion failed to carry and Ordinance D-631 will return on November 20th for a second reading. ORDINANCE D-630 /AN ORDINANCE ESTABLISHING A BONUS IN LIEU OF COMPENSATION FOR THE NON-ELECTED EMPLOYEES OF THE CITY OF CARMEL AND ORDINANCE D-632/ AN ORDINANCE DELETING ORDINANCES D-592. 593, Councilor Lonzo made a motion to introduce Ordinance 594 AND 598: D-630 and Ordinance D-632 and suspend the rules for reading of the same. The motion was seconded by Councilor Potasnik. All members voted aye. City Attorney Andrews explained the salary situation to the Council and last year the Council gave "raises" to all non-elected employees in January of 1989. Andrews explained that the Clerk-- Treasurer found that salaries cannot be raised in the same year they are given and in order to correct this, these two ordinances call the raises a "bonus" rather than compensation. These amounts were given through the Wage and Hour Study. A motion was made by Councilor Fleming to suspend the rules and act on Ordinances D-630 and D-632 tonight. All members voted aye. Motion carried. Mayor Hancock called for the vote. All members voted aye. Ordinances D-630 and D-632 passed unanimously. SIGN ORDINANCE COMMITTEE/LETTER FROM THE CARMEL CLAY CHAMBER OF Councilor Lonzo addressed the concern of the Carmel Clay COMMERCE: Chamber of Commerce concerning a sign committee. Councilors Potasnik and Fleming also elaborated on the history behind this request. After much discussion it was the decision of the Council to allow President Lonzo to draft a letter to the Chamber. ORDINANCE D-633/CLAY TOWNSHIP REGIONAL WASTE DISTRICT AGREEMENT: Councilor Potasnik made a motion to introduce Ordinance D-633 and dispense with the reading of the Ordinance. The motion was seconded by Councilor Adams. All members voted aye. Motion carried. City Attorney Andrews stated the purpose of this agreement is for CTRWD to share in the expense of the expansion of the Carmel Wastewater Treatment Plant. City Attorney Andrews stated the Board of Public Works has already passed on this agreement. Councilor Potasnik made a motion to suspend the rules and act on Ordinance D-633 tonight. The motion was seconded by Councilor Adams and all members voted aye. Motion carried. Mayor Hancock called for the vote. All members voted aye. Ordinance D-633 passed unanimously. COMMITTEE REPORTS: Special Committee Report: Mayor Hancock read a letter from Jim Gutting who served on the committee and thanked Mayor Hancock for the opportunity to serve. City Attorney Andrews read a report from the "special" committee formed by Mayor Hancock to study the clothing allowance of the Police and Fire Departments, transfers and claims. After the report was read Councilor Potasnik stated he also learned a great deal by serving on the committee. Clerk-- Treasurer Jones asked that since her office was directly or indirectly connected with 90 to 95% of all the recommendations and/or suggestions of the committee that she be allowed time to digest this report and reply back to the Council. Councilor Lonzo stated that a previous Ordinance concerning transfers was tabled until November 20, 1989 and it was in regards to limiting transfers coming before Council in the amount of $500.00 but the committee recommended that all transfers regardless of the budget classification and/or amount come before the Council. The Council asked the City Attorney to re-write that Ordinance to also write an "emergency" clause that would allow for an emergency transfer to be approved by the President of the Council after the Clerk-Treasurer has certified that funds are available. The Council also wanted their rules of procedure to be amended to place transfers on the agenda immediately after approval of the minutes. That would require an amendment to Ordinance D-362. The Council asked if the Clerk and the Attorney could bring their reports and/or ordinances before the Council on November 20, 1989. It was agreed. Recodification Committee: Councilor Lonzo stated that several meetings have been scheduled but have been preempted by special meetings of the Council but hopefully this project would be wrapped up by the end of the year with the final product being presented in February of 1990. Phase II Civic Square/Comprehensive Plan Committee: Councilor Potasnik stated he did not have a prepared report but felt the paper had been doing an excellent job of what was taking place within these two committees. There being no further business before the Council the meeting was adjourned. Approved:Dorothy J. Hancock, Mayor ATTEST:Susan W. Jones, Clerk-Treasurer