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HomeMy WebLinkAboutCCM-11-16-93CARMEL CITY COUNCIL MEETING MINUTES Date: November 15, 1993 7:00 P.M. COUNCIL CHAMBERS / ONE CIVIC SQUARE The meeting of the Carmel City Council was called to order by Mayor Ted Johnson. Council members in attendance were Frank Fleming, Alan Potasnik, Thomas Kendall, James Quinn, Christopher Painchaud, Tim Story and Luci Snyder. City Attorney Gordon Byers and Clerk- Treasurer Susan Jones were also in attendance. The invocation was given by Councilor Quinn followed by the Pledge of Allegiance. Councilor Quinn addressed the Council and spoke to them about the concerns and issues involved with smoking. Councilor Story made a motion to approve the APPROVAL OF MINUTES: minutes dated November 1, 1993. Councilor Fleming stated that on page 4, Ordinance D-1031 should have been written as Ordinance D- 1032. Councilor Story amended his motion to include that correction. The motion was seconded by Councilor Quinn. All members voted aye. Motion carried. Councilor Kendall made a motion to approve the following CLAIMS: claims. Councilor Story seconded the motion. All members voted aye. Motion carried. Claims dated 11/04/93 in the amount of $8,500,000.00 Claims dated 11/03/93 in the amount of $ 258,531.25 Claims dated 11/04/93 in the amount of $ 521,800.87 Claims dated 11/12/93 in the amount of $ 365,068.95 Councilor Story made a motion to add AGENDA ADD ON ITEMS: Ordinance Z-298 (zoning re-codification) to the public hearing portion of the agenda. Resolutions CC-11-15-93-1,2,3,4 & 5 for transfer of funds and Ordinance D-1039 an ordinance adding the 3rd quarter supplement to city code. The motion was seconded by Councilor Snyder. All members voted aye. Motion carried. Councilor Quinn asked the Clerk if she had proof of publication for the zoning ordinance. The clerk stated she did not and that Gordon Byers was in charge of that notice. Gordon stated he felt comfortable with the thought that he did sent the notice to the paper and urged the Council to go ahead with the public hearing. Park Board member, David Carter gave a REPORT FROM PARK BOARD: brief summary of planned activities by the Board for the next few months. Carter also explained the Board had reached an agreement with the high school for open gym time on Sundays beginning December 5, 1993. It was the consensus of PURCHASE OF VIDEO CAMERA EQUIPMENT: opinion to purchase video camera equipment for taping live all of the meetings held in City Hall. The Mayor he would be happy to champion that cause and get the ball rolling. REPORT FROM ATTORNEY REGARDING AUTHORITY TO WAIVE CONNECTION FEES: Gordon Byers stated on the Cavanaugh waiver that the Mayor made a review of the case, discussed it with Board of Works members, received a legal opinion from the City Attorney and felt it was appropriate, pending threat of litigation, to waive the sewer connection fees. Byers also stated that the BPW had implied authority because they are in charge of the city's physical assets. Councilor Kendall asked Byers what specific statute allowed the Mayor or the Board of Works to waive a sewer connection fee. Byers stated there was no specific law to give that authority but it fell well within the implied power of either body. Councilor Potasnik questioned the authority of an appointed body of government to over-ride an ordinance passed by the legislative body. Byers again stated that BPW has authority through the care of the physical assets of the City. Councilor Kendall stated he felt that all waiver of fees ordained by law should come before the City Council. Councilor Kendall asked Byers about the status of Seymour Hoffman's request for reimbursement. Byers stated the Mayor had met with Hoffman and the Mayor was still reviewing the case. Kendall then asked the Mayor the same question. The Mayor stated he met with Seymour last Friday and he was still reviewing the case and no decision had been made. Councilor Quinn stated he respectfully disagreed with Gordon Byers and wondered if the decision to waive the fees for Yolanda Cavanaugh was done at a Board of Public Works meeting and if so, was the decision a part of the minutes. Byers replied that he didn't think the waiver was done at a public meeting and the Mayor had only talked with board members and had based his decision, in part, on the threat of litigation. COUNCILOR STORY LEFT THE MEETING AT THIS TIME DUE TO FAMILY ILLNESS. MINUTES FROM THIS POINT FORWARD DO NOT REFLECT THE VOTE OF COUNCILOR STORY. SECOND READING, ORDINANCE D-1030, ESTABLISHING AT STOP INTERSECTION AT BROOKSHIRE PARKWAY/THREE-WAY STOP AT BRIARWOOD TRACE AND Councilor Kendall made a motion to approve HAZELWOOD DRIVE: Ordinance D-1030. The motion was seconded by Councilor Quinn. Gaye Hill, 4734 Briarwood Trace, Foster Grove subdivision discussed the three proposed three-way stop intersections in her neighborhood. Mrs. Hill stated she had done a survey and received a mixed reaction to the proposed stop intersections. Hill stated she really would like to see a three-way stop at Hazelwood Drive and Briarwood Trace and the other were not that important. After much discussion, Councilor Quinn made a motion to amend Ordinance D-1030 to only allow one three-way stop intersection at Hazelwood Drive and Briarwood Trace. The motion was seconded by Councilor Snyder. Again much discussion took place on the proposed intersections. Councilor Kendall made a motion to post-pone action on the ordinance until the next meeting. The motion was seconded by Councilor Painchaud. All members voted aye. Motion carried. It was also noted by Councilor Potasnik that the ordinance stated a petition had been received and that was not, in fact, what had happened. The Council stated to Ms. Hill that a petition would be needed to support the ordinance. SECOND READING, ORDINANCE D-1031, ESTABLISHING TRAVEL PAYMENTS IN Mayor Johnson entertained a motion to approve ADVANCE OF TRAVEL: Ordinance D-1031. Councilor Quinn so moved and the motion was seconded by Councilor Painchaud. Councilor Potasnik said that after talking with several employees concerning this proposed ordinance he was not in favor of the restrictions set forth in the ordinance. He felt that by requesting employees to use their own money for per diem expenses it might restrict training. Clerk-Treasurer Jones stated that it was already illegal to give cash advances for travel so this ordinance wouldn't restrict anything that isn't already restricted. Jones said she had no authority to issue cash advances or pay for travel expenses for hotel, airfare and registration without this ordinance. Jones suggested drafting a home rule ordinance that would set out guidelines for travel and for the use of money in the fund. Councilor Potasnik asked Mayor Johnson to respond to the same issue. Mayor Johnson stated he spoke at great length with the State Board of Accounts regarding this issue. Johnson stated the policy rule, not the law, is that you cannot advance funds to an employee for meals and per diem. Johnson asked the SBA where the authority for that policy rule came from and the State Board stated it was through a ruling by the Attorney General. Johnson said it was a very old ruling and since that time new legislation was passed in 1992 that allows for certain payments in advance such as utility bills, etc. Johnson said he then asked the SBA what was the best way to correct this issue. The SBA told him legislation. They also said at the same time that you may advance airfare, hotel and registration. Johnson again asked where that authority came from and the SBA did not have an answer. Johnson said the SBA wasn't very clear on this issue and said nobody has ever brought it up to them before. He said the SBA told him cities have passed home rule laws and Carmel could do the same but if in the annual audit they find such an advance they will site it as a problem under the attorney general ruling. Jones objected to the statement of the SBA that they would take audit exception to the use of home rule ordinances in establishing pre-payment of travel costs when defined since the field examiner was the one that suggested she write the ordinance in the first place. Acting Chief Greg Meeks spoke in opposition to the ordinance. Meeks stated he had the use of investigation or buy money and under current state statute could use said monies for travel. He said he also had authority to use petty cash for small purchases. Jones stated a travel claim was submitted by CPD in the amount of $822 which exceeded petty cash by $322. Jones stated CPD was asking her to issue a check that was in excess of the petty cash fund established by ordinance. Meeks denied this claim came from petty cash. Jones displayed a copy of the claim and stated it was made out by CPD. Meeks told the clerk to check with one of her girls because he could petty cash as ordained by the Council. Meeks read the statute that said petty cash could be used for small purchases. Meeks said any ordinance proposed that would prohibit the use of funds under their control for cash advances would restrict travel for his officers. Meeks stated many times these officers are gone to training for up to 45 days. Meeks also objected to the re-payment of cash advances that was written in this ordinance. Meeks stated that often an officer might be working on a case and has to post-pone his travel plans to complete the case. He felt it unfair to make the employee re-pay the advance payment if it wasn't his fault for the cancellation. Meeks said he also checked with Dennis Trice of the SBA and he did not have objections to CPD issuing cash advances from buy money. Councilor Quinn stated that he agreed with about 80% of what Meeks was saying but there needed to be some kind of a travel policy and a policy that protects the Clerk-Treasurer from liability of these cash advances. Quinn pointed out to the Council that the SBA, in their last exit conference, stated the Clerk was totally responsible for all funds and all monies of the City and that she would have to pull out her personal check book if there was a problem in any of those funds. There was discussion about the unfairness of a lost receipt. The Clerk pointed out that our current ordinance regarding travel allows for an affidavit by an employee to cover a lost receipt. Meeks did say he was in favor of the section of the ordinance that did allow for advance payment of hotel, airfare and registration. Discussion also ensured regarding credit cards. The Clerk stated that even if credit cards were obtained that would not relieve liability for interest and/or late payments by the employee if payments were not or could not be processed in time. Councilor Quinn said the annual fees are too expensive for the City to pay for each employee that would be needing a credit card. Meeks said other departments in other cities offer cash advances. Mayor Johnson said he polled other cities around Carmel and they too offer cash advances. Johnson asked other city officials how they do that and they simply said they just disagree with the findings of the State Board of Accounts. The Clerk asked how you make this cash advance policy universal among other departments. She stated that all the departments in the City, at one time or another, have asked for cash advances or pre-payment of hotel bills and those departments don't have the luxury of buy money to make those advances. Johnson said this policy on advances will be covered in the new personnel policy. Quinn said he wanted an ordinance. Johnson said the policy would be adopted through ordinance making the policy the same as a law. Gordon Byers said that it is illegal to use tax dollars to make pre-payments and even putting the charge on a credit card, is in a sense, pre-paying with taxpayers monies also. Byers suggested the Council be aggressive and take a home rule position on a travel policy and then if the SBA flags it, we can also suggest to our legislator and perhaps have them address it at that level. Councilor Quinn stated that he felt it unwise to continue a practice or a policy without some kind of an ordinance to protect the Clerk-Treasurer. Quinn said that creating this kind of liability for the Clerk-Treasurer is just not the right thing to do. Quinn said that we know it is an issue and we know it is wrong and let's address it with a home rule ordinance and that way if the SBA comes back and disagrees, at least it gives authority to the Clerk-Treasurer to issue those checks. Councilors Quinn and Kendall both stated this ordinance is not being done because of anything wrong or anyone using the money inappropriately but that an ordinance needs to be passed to handle these funds. Councilor Quinn moved to take this ordinance under consideration for the next meeting. Councilor Painchaud seconded the motion. All members voted aye. Motion carried. SECOND READING, ORDINANCE D-1032, AMENDING 1994 SALARY Councilor Kendall made a motion to ORDINANCE/UTILITIES DEPARTMENT: approve and have the utility manager outline the need for these new positions. Councilor Snyder seconded the motion. James Dougherty, Utility manger, stated this ordinance created only 1 and 1/2 new positions and that the administrative assistant would only up-grade an already exiting employee. Each vacancy filled as a result of this one up-grade would be filled with existing employees from the utility department and no one new would be hired. Councilor Quinn objected to a permanent part-time position for Lee Dollen. Much discussion ensued. Quinn also objected to the way the ordinance now stated the times (Jan-April) for the position of temporary position for training assistant to the manager stating the utility department could hire a new person every January of every year. Councilor Snyder made a motion, seconded by Councilor Quinn to amend Ordinance D-1032 to list an expiration date of April 30, 1994 on the position for training assistant to the manager. All members voted aye. As a result of the discussion on benefits Councilor Kendall made a motion to strike the position of permanent part-time assistant to the manager and leave that up to the Board of Public Works to hire Mr. Dollen on a contractual basis. The motion was seconded by Councilor Painchaud. All members voted aye. Motion carried. Mayor Johnson called for the question. Councilors Quinn and Potasnik voted nay. All other members voted aye. Ordinance D-1032 passed by a majority vote. PUBLIC HEARING/ORDINANCE Z-298/RE-CODIFICATION OF ZONING Councilor Quinn stated he did not mind holding a ORDINANCES: public hearing on this ordinance but wanted to hold off introduction of the ordinance along with keeping the public hearing open until the next Council meeting since no proof of publication could be produced by the City Attorney. Mayor Johnson said the chair would extend that option to the Council. Johnson did open the meeting to a public hearing at 10:06 p.m. calling for any comments and/or objections. Hearing none, the Mayor closed the hearing at 10:07 p.m. This ordinance will return at the December 6, 1993 regular meeting for introduction and a continued public hearing. FIRST READING, ORDINANCE D-1034, REGULATING DOOR-TO-DOOR/FIRST READING, ORDINANCE D-1035, REGULATING TAXI-CABS/FIRST READING, Councilor Potasnik ORDINANCE D-1036, REGULATING LICENSE AND FEES: made a motion to introduce Ordinances D-1034, 1035 and 1036 and suspend the rules for reading of the same. The motion was seconded by Councilor Kendall. All three ordinances will be brought back for discussion and a second reading at the December 6, 1993 regular meeting of the Council. FIRST READING, ORDINANCE S-56, ESTABLISHING 1994 BUDGET FOR SEWER UTILITY/FIRST READING, ORDINANCE A-74, ESTABLISHING 1994 BUDGET FOR Councilor Quinn made a motion to introduce WATER UTILITY: Ordinances S-56 and A-74 and suspend the rules for reading of the same. The motion was seconded by Councilor Potasnik. All members voted aye. Motion carried. Both ordinances will be brought back for discussion and a second reading at the December 6, 1993 regular meeting of the Council. Judy Edwards gave an oral report to the LIBRARY BOARD REPORT: Council concerning her work on the Carmel Clay Library Board. FIRST READING, ORDINANCE D-1037, ESTABLISHING A POSITION OF DEPUTY Mayor Johnson distributed copies of the proposed ordinance. MAYOR: Councilor Kendall made a motion to introduce Ordinance D-1037 and suspend the rules for reading of the same. The motion was seconded by Councilor Snyder. All members voted aye. Mayor Johnson outlined the proposed ordinance and stated this position would be unfunded and would be filled with somebody currently in the present administration and right now would be Jane Reiman. This position by statute would fill the position of Mayor when the Mayor was absent or was unable to serve as Mayor. Councilor Quinn asked the Mayor to consider expanding the duties of this position to include various types of charity and/or community work. The Mayor stated he would look into his suggestion. Mayor Johnson stated he would bring back a clean ordinance for the December 6, 1993 council meeting. Councilor Painchaud made a motion to approve TRANSFER OF FUNDS: the following transfers. The motion was seconded by Councilor Quinn. All members voted aye. Motion carried. Board of Public Works $18,000 #403 Accounting Fees into 520.02 Hydrant Rental $13,000 #480 Electricity into 520.02 Hydrant Rental $ 5,000 #501 Building Repairs into 520.02 Hydrant Rental $ 3,477 #475 General Insurance $ 1,000 #302 Office Supplies into 515 Maintenance Street $ 100 #312 Ice into #485 Water & Sewer Communications Center $12,500 #100 Full Time Salary into #120 Part Time $ 500 #100 Full Time Salary into #500 Miscellaneous $ 500 #100 Full Time Salary into #501 Building Repairs $ 14 #100 Full Time Salary into #506 Cleaning $ 130 #100 Full Time Salary into #407 Medical Fees FIRST READING, ORDINANCE D-1039, AN ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES OF THE CITY OF CARMEL, Councilor Quinn made a motion to approve Ordinance D-1039 INDIANA: and suspend the rules for reading of the same. The motion was seconded by Councilor Kendall. All members voted aye. The Clerk stated this ordinance simply brought into code, the third quarter up-date of all city ordinances. Jones stated this would be done four times a year from this point forward. Jones apologized for adding this late to the agenda but felt the contents were ordinances already passed by the Council and that the Judge needed to have them as quickly as possible. Councilor Quinn made a motion to suspend the rules for a second reading and act on Ordinance D-1039 tonight. The motion was seconded by Councilor Potasnik. All members voted aye. Motion carried. Councilor Kendall stated he objected ADD-ON ITEMS TO THE AGENDA: to the ever increasing number of add-on items to the agenda. He suggested moving the agenda day from Monday to Wednesday. The Clerk stated that moving the date would be fine but the law allows her 24 hours to do the agenda and then with mail problems it could be Saturday before the Council would receive their packets. The Clerk stated the Council's own rules allowed for add-on items and if the Council didn't want to add an item they simply didn't have to vote to put the item on the agenda. Councilor Quinn agreed that the rules were the Council's own rules and it only takes one person to vote nay and the add on agenda item could not be put on that evening's agenda. Councilor Kendall also objected to no back-up being presented with the packets and directed his complaint to the Mayor. Other Council members agreed. It was the consensus of the Council that if back-up wasn't submitted with the agenda item at the cut-off, the item couldn't be placed on the published agenda. There being no further business before the Council the meeting was duly adjourned. Respectfully submitted, ______________________________ Susan W. Jones, Clerk-Treasurer Approved, ______________________________ Ted Johnson, Presiding Officer ATTEST: _________________________________ Susan W. Jones, Clerk-Treasurer