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HomeMy WebLinkAboutCCM-12-21-92CARMEL CITY COUNCIL MEETING MINUTES December 21, 1992 7:00 P.M. Council Chambers/One Civic Square The Carmel City Council meeting was called to order by Mayor Ted Johnson. Members in attendance were Jim Quinn, Tom Kendall, Alan Potasnik, Frank Fleming, Chris Painchaud Tim Story and Luci Snyder. City Attorney Steve Brown and Clerk-Treasurer Susan W. Jones were also in attendance. The invocation was given by Councilor Quinn followed by the Pledge of Allegiance. RECOGNITION OF OUTSTANDING CITIZENS AND EMPLOYEES: Mayor Johnson presented a pen to Lee Dolen of the Utilities Department to commemorate and honor his 28 years of service to the City of Carmel. APPROVAL OF MINUTES: Councilor Painchaud made a motion to approve the minutes of the regular session of December 7, 1992. The motion was seconded by Quinn. Six members voted aye. Councilor Story abstained. Motion carried. AGENDA CHANGES: Painchaud made a motion to change and add the following items to the agenda: 1) Resolution 12-21-92-4 under New Business. 2) Request for funds from the Carmel Clay Economic Development Commission under Committee Reports. The motion was seconded by Quinn. All members voted aye. Councilor Kendall made a motion to approve the claims of CLAIMS: 12-10-92 for $368,493.81, 12-16-92 for $1,354,141.83, 12-14-92 for $6,000,000. The motion was seconded by Painchaud. Six members voted aye. Story abstained. All members voted aye. Motion carried. Kendall made a motion to add claims from the Department of Community Development for a no-soak rain jacket to Greg LaMar $69.95 and for two pair of fire boots to American Public Safety $136.00. The motion was seconded by Councilor Potasnik. Clerk-Treasurer Susan W. Jones stated the claims totaling $69.95 and $136.00 were rejected by her office because the Department of 1 Community Development did not have a clothing allowance and it was her opinion that the items purchased were clothing. Discussion ensued among Council members regarding the claims. Mayor Johnson stated, in his opinion, the no-soak rubberized rain gear and boots were safety equipment for the inspectors to protect themselves on all types of terrain under various conditions while inspecting job-sites. Johnson stated having worked in the construction industry that type of gear was provided as a safety measure and was never considered a clothing allowance but was considered safety equipment. Johnson stated if the Council would not approve or if the Clerk would not pay the claim, he would pay for it from his own pocket, because he made the decision that the protective gear was necessary. Further discussion ensued among Council members regarding the claim. Call for the question. Story, Painchaud, Councilor Snyder and Councilor Fleming voted aye. Kendall, Quinn and Potasnik voted nay. Motion carried. Kendall made a motion to approve the claims dated 12/17/92 for $78.75 and 12/17/92 for $2,054.00. The motion was seconded by Painchaud. All members voted aye. COMMITTEE REPORTS: Alan K. Burns of the CARMEL CLAY ECONOMIC DEVELOPMENT COMMISSION: Carmel Clay Economic Development Commission requested Council approval of funds totaling $2,858.21 to cover a portion of the cost of a tri-fold brochure which would target the Economic Development Commissions concerted effort to encourage Hamilton County Economic Development. Discussion ensued among Council members regarding the request for funds. Kendall made a motion to approve the use of funds totaling $2,858.21 by the Carmel Clay Economic Development Commission to pay for Hamilton County Economic Development brochures. The motion was seconded by Potasnik. All members voted aye. Jones read the 1991 State STATE BOARD OF ACCOUNTS AUDIT REPORTS: Board of Accounts Annual Financial report and audit result and comments. Jones read correspondence pertaining to an audit result and comment made by the State Board of Accounts on a payment made to the Internal Revenue Service in January 1992. Jones stated the IRS conceded the error was in the City of Carmel's favor and returned the money to Carmel along with interest and penalties on December 21, 1992. 2 Discussion ensued among Council members regarding the audit report. Council members congratulated Jones on the audit results and the monies miraculously returned by the IRS. OLD BUSINESS / SECOND READING: ORDINANCE Z-277 / AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 2, SECTION 31 OF THE CARMEL CITY CODE / REZONING COMMON ADDRESS - 40 FIRST AVENUE N.E. FROM AN R-3 ZONED DISTRICT TO A B-1 ZONED Potasnik made a motion to approve Ordinance Z-277, DISTRICT: requesting rezone of the common address 40 First Avenue N.E. from an R-3 zoned district to a B-1 zoned district. The motion was seconded by Story. Quinn appealed to Council members to keep residential zoning in tact in order to allow the City to maintain affordable housing. Discussion ensued among Council members regarding Ordinance Z-277. Kendall stated he believed the request for rezone would satisfactorily meet the needs of the area and the immediate neighbors but asked the record to reflect he supported Quinn's intent to protect residential zoning and affordable housing. Call for the question. Six members voted aye. Quinn voted nay. Motion carried. ORDINANCE Z-275 / AN ORDINANCE AMENDING CHAPTER 10, ARTICLE 2, SECTION 31 OF THE CARMEL CITY CODE / REZONING COMMON ADDRESS - 96TH AND TOWNE FROM AN S-1 ZONED DISTRICT TO A S-2 ZONED DISTRICT: Potasnik made a motion to approve Ordinance Z-275 requesting rezone of 20 acres with the common address on the north side of 96th Street 1/8th of a mile east of Towne Road from an S1 zoned district to an S-2 zoned district. The motion was seconded by Painchaud. Discussion ensued among Council members regarding Ordinance Z-275. Call for the question. All members voted aye. ORDINANCE D-873 / AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 1, SECTION 2-56 OF THE CARMEL CITY CODE REGARDING DEFERRED Quinn made a motion to approve Ordinance D-873, an COMPENSATION: ordinance amending chapter 2, article 1, section 2-56 of the Carmel City Code regarding deferred compensation and to dispense with the reading pending an explanation of the ordinance. The motion was seconded by Kendall. Kendall stated every effort should be made to move the disability insurance currently under the deferred compensation plan for the Police Department into the 125 cafeteria plan by January 1, 1993 even if it was necessary for the Clerk- Treasurer's office to administer the program until a third party administrator was named. Kendall stated he did not want to see deductions made after January 1, 1993 from the deferred 3 compensation line item for disability insurance out of the Police Department budget. Jones stated a Section 125 could not be in place with five working days notice when a qualified plan had yet to be approved. Upon Kendall's inquiry, Jones stated she would be unable to deduct disability insurance from employees salary unless she had individual payroll deduction authorization forms from each employee who requested withholding. Johnson stated he would attempt to settle the problem with the individual agencies as soon as possible in order to settle the problem as close to January 1st as possible. City Attorney, Steve Brown stated employees needed to be informed that their individual policies may be affected by Ordinance D-873. Discussion ensued among Council members regarding Ordinance D-873. Johnson stated in the event he was unable to put all the specific problems in place by January 1, 1993, it may be necessary to veto the Ordinance in order to allow sufficient time to put the details of the entire program in working order. Call for the question. All members voted aye. ORDINANCE D-874 / AN ORDINANCE REDISTRICTING COUNCILMANIC DISTRICTS Painchaud made a motion to approve OF THE CITY OF CARMEL: Ordinance D-874 an ordinance redistricting councilmanic districts of the City of Carmel. The motion was seconded by Story. Snyder made a motion to amend the Keystone Precinct as follows: Change street name Whispering Terrace to read Whispering Trail. The motion was seconded by Quinn. All members voted aye. Call for the question. All members voted aye. PUBLIC HEARING: ORDINANCE D-870 / AN ORDINANCE AMENDING D-677, ESTABLISHING A NEW Johnson 1993 BI-WEEKLY SALARY FOR THE CARMEL CITY COURT JUDGE: read Ordinance D-870 an ordinance amending Ordinance D-677 establishing a new 1993 bi-weekly salary for the Carmel City Court Judge. Johnson opened the hearing regarding Ordinance D-677 to the public. Hearing no request from the public to speak, Johnson closed the public hearing and opened discussion to the Council. Discussion ensued among the Council members regarding Ordinance D- 677. Painchaud made a motion to approve Ordinance D-677. The motion was seconded by Story. Council members expressed their desire to reduce the Court to a part-time Court for the convenience of the citizens of Carmel. City Attorney, Steve Brown explained 4 the role and responsibilities of an elected judge. Brown stated the judge determined the parameters of what went on in the Court and the Council's only input in the process would be to control the budget of the Court. Brown stated the Court was legislatively established as a Court of record which the Council would have no authority to change. Brown stated a City court does not have to be run by a lawyer. Brown stated a judge could also be made clerk of the court and would be unable to take any more than the judge's salary to handle the judge and clerk positions similar to bailiffs who must be police officers and may not be paid extra in the role of bailiff. Brown cautioned the Council to avoid discussion on how they would run the court and to concentrate on the financial administration to the court for which they were responsible. Further discussion ensued among Council members regarding Ordinance D-677. Call for the question. All members voted nay. Motion failed. RESOLUTION CC-12-21-92-4 A RESOLUTION AMENDING THE 1993 BUDGET OF THE CARMEL CITY COURT BY REDUCING THE BUDGET TOTAL BY $88,780: Kendall made a motion to adopt Resolution CC-12-21-92-4 and to dispense with the reading in favor of an explanation. The motion was seconded by Quinn. Quinn explained Resolution CC-12-21-92-4 as a proposal to reduce the Carmel City Court 1993 budget by $88,780. Quinn stated the only line item affected would be personnel costs. Quinn stated the monies available would be enough to cover the judge's 1993 salary and one full time court clerk and one part time court clerk. Discussion ensued among Council members regarding Resolution CC-12- 21-92-4. Kendall made a motion to suspend the rules to allow any member of the public present to speak to Resolution CC-12-21-92-4. The motion was seconded by Snyder. All members voted aye. Lauren Navarra of 111 1st Street S.E., Carmel and an employee of the Carmel City Court, appealed to the Council to carefully consider budget adjustments after a detailed review of the court and court system. Navarra asked the Council to attempt to better understand the system for which they were about make random, uninformed budget cuts. Further discussion ensued among Council members regarding Resolution CC-12-21-92-4. Kendall made a motion to reduce the budget by $23,550 plus appropriate PERF and social security. The motion died for lack of a second. Call for the question. Quinn, Kendall and Potasnik voted aye. Story, Painchaud, Snyder and Fleming voted nay. Motion failed. 5 NEW BUSINESS: ORDINANCE A-69 / AN ORDINANCE ADDING CHAPTER 9, ARTICLE 2, DIVISION III, SECTION 9-51 OF THE CARMEL CITY CODE REGARDING CROSS CONNECTION CONTROL WITH CARMEL WATER SUPPLY SYSTEM - CARMEL Quinn made a motion to introduce Ordinance A-69 and to UTILITIES: dispense with the reading due to the technical nature of the ordinance. The motion was seconded by Story. Further discussion was withheld until the second reading on January 4, 1993. ORDINANCE A-70 / AN ORDINANCE BUDGETING EXPENDITURES FOR OPERATING Quinn made a motion AND DEPRECIATING FUNDS FOR THE WATER UTILITY: to introduce Ordinance A-70. The motion was seconded by Potasnik. Johnson stated Ordinance A-70 was the 1993 operating and depreciating fund for the water utility. Johnson stated he had been advised by the Clerk-Treasurer that he could continue to operate for the beginning of 1993 under the 1992 ordinance allowing for a second reading at the first meeting in January. Quinn stated Ordinance A-70 and the yet to be introduced S-53 had no line items for "Overtime". Further discussion was withheld until the second reading on January 4, 1993. ORDINANCE S-53 / AN ORDINANCE BUDGETING EXPENDITURES FOR THE Quinn made OPERATING AND DEPRECIATION FUNDS FOR THE SEWER UTILITY: a motion to introduce Ordinance S-53. The motion was seconded by Snyder. Quinn stated that in addition to no line item indicating "Overtime", page 3 of Ordinance S-53 under "Administrative and General" line item #791 showed other office salaries at $62,411 and page 4 line item #507 of Ordinance S-53 showed "Social Security Taxes" of $88,709 which did not make sense. Johnson stated he would be prepared to answer the questions at the second reading on January 4, 1993. RESOLUTION CC-12-21-92-1 / REQUEST FOR TRANSFERS OF FUNDS - CITY Quinn made a motion to adopt Resolution CC-12-21-92-1 a ATTORNEY: transfer of City Attorney funds to the following accounts: $500 from #250 (Attorney) $1,000 from #252 (Training and Instruction) $4,000 from #447 (Deputy Attorney) $500 from #453 (Publication/Legal Notice) $3,900 from #456 (Legal Expenses Other Than Attorney) into #409 (Attorney) The motion was seconded by Potasnik. Call for the question. All 6 members voted aye. RESOLUTION CC-12-21-92-2 / REQUEST FOR TRANSFERS OF FUNDS - CARMEL Potasnik made a motion to adopt Resolution CC-12-21- CITY COURT: 92-2 a transfer of Carmel City Court funds to the following accounts: $1,250 from #250 to #202 (Social Security) $350 from #441 to #202 (Social Security) The motion was seconded by Snyder. Call for the question. All members voted aye. RESOLUTION CC-12-21-92-3 / ENCUMBRANCES FROM 1992 BUDGET INTO THE Quinn made a motion to amend Resolution CC-12-21-92-3 1993 BUDGET: to include $25,000 from the BPW budget to the proper 1993 Workmans Compensation line item. The motion was seconded by Story. All members voted aye. Call for the question. All members voted aye. ORDINANCE D-875 / AN ORDINANCE AMENDING ORDINANCE D-804 TO ADD AND Johnson stated CHANGE CERTAIN POSITIONS WITHIN THE CITY OF CARMEL: Ordinance D-875 was to add an Administrative Assistant to the Carmel Clay Communications Center, and to add an Industrial Pretreatment position and a Clerk-Typist to the Utilities Department. Jones stated the Clerk-Treasurer portion of Ordinance D-875 was a more equitable assignment of job duties, titles and salaries of employees of her department. Jones stated this would not increase the amount she spent or the number of employees. Discussion ensued among Council members regarding Ordinance D-875. Quinn made a motion to amend Ordinance D-875 to delete the Communication Center Administrative Assistant and the position's corresponding salary from the ordinance. Motion died for lack of a second. Further discussion ensued among Council members regarding Ordinance D-875. Story made a motion to suspend the rules to act on Ordinance D-875. The motion was seconded Snyder. All members voted aye. Painchaud made a motion to approve Ordinance D-875. The motion was seconded by Kendall. Discussion continued among Council members regarding Ordinance D-875. Johnson stated "and what you are doing is you're jeopordizing the safety of the City by not having somebody in there doing that job. Somebody's gotta' act in place of the Director at times." 7 Clerk-Treasurer Jones stated the administrative duties to Council members performed by her staff member pertained solely to agenda related work. Jones stated Indiana State statute required her to provide only an agenda and minutes of the meeting. Jones advised the Council that the Council packets, supporting documentation and the sheer volume of work required per meeting, accounted for the reference to the Council in the administrative employee's title. Jones suggested the Council use the monies set aside in the Council budget for a secretary to perform whatever pertinent research work they felt necessary. Call for the question. Six members voted aye. Quinn voted nay. Motion carried. OTHER BUSINESS: Johnson stated he had no appointments to APPOINTMENTS - MAYORAL: announce. ANNOUNCEMENTS: Story recognized the outstanding RECOGNITION OF COUNCIL PRESIDENT: leadership of Council President Painchaud and noted remarkable improvement by the Council since the first meeting in January 1992. Story thanked Painchaud for his efforts, particularly during the budget hearings. Clerk-Treasurer Jones reminded the Council of DECEMBER 30, 1992: the special meeting of the City Council at 6:15 P.M. for the purpose of approving claims. Jones also reminded the Council that the January 4, 1993 meeting would begin at 7:30 P.M. as required by State statute. There being no further business before the Council the meeting was duly adjourned. Respectfully submitted, ______________________________ Susan W. Jones, Clerk-Treasurer 8 Approved: _______________________________ ATTEST: Mayor T. E. Johnson _______________________________ Susan W. Jones, Clerk-Treasurer 9