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HomeMy WebLinkAboutCCM-01-04-93CARMEL CITY COUNCIL MEETING MINUTES January 4, 1993 7:30 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, Gordon Byers and Clerk-Treasurer Susan W. Jones were also in attendance. The invocation was given by Councilor Quinn followed by the Pledge of Allegiance. Councilor Story made a motion to ELECTION OF COUNCIL PRESIDENT: nominate Councilor Tom Kendall as the 1993 president of the City Council. The motion was seconded by Councilor Potasnik. Hearing no other nominations, Quinn made a motion to close nominations. The motion was seconded by Potasnik. Kendall won by acclamation. Councilor Fleming made a motion to approve APPROVAL OF MINUTES: the minutes of the regular session of December 21, 1992. The motion was seconded by Kendall. Quinn made a motion to amend page 7 of the December 21, 1992 minutes under ordinance D-875 to include the Mayor's quote as follows: "and what you are doing is you're jeopardizing the safety of the City by not having somebody in there not doing that job. Somebody's gotta' act in place of the Director at times." The motion was seconded by Kendall. Call for the question. All members voted aye. Johnson stated it was necessary to veto Ordinance MAYORAL VETO: D-873 regarding deferred compensation because it was physically impossible to put the mechanisms in place in time to comply with the Ordinance as written. Johnson appealed to the Council to allow adequate time to satisfy the requirements of the ordinance and inform the employees of the ramifications regarding the changes to the City's prior policy regarding their personal life and disability policies. Discussion ensued among Council members regarding Ordinance D-873. Story asked the Clerk-Treasurer if she intended to pay disability and life insurance premiums from non-elective deferred compensation in 1993. Clerk-Treasurer Susan W. Jones stated she would not make such payments. Jones stated D-873 had no impact on her method of payment because Ordinance D-804 stated the same percentage for social security was to be paid into deferred compensation less medicaid percentages. Jones stated disability and life insurance premiums would be paid through separate line items until each 1 individual employee of the police department submitted a written request to withhold those items from their payroll checks. Discussion continued among Council members regarding payment of taxpayers dollars toward individual premiums without contracts. Quinn asked the Clerk-Treasurer if she would make payments without contracts. Jones stated she would attempt to obtain a contract for life insurance but would probably be unable to obtain a contract copy for disability insurance since the policies were individual. Quinn stated life and disability insurance would not be paid by the City from deferred compensation and the employees should be instructed to complete a payroll withdrawal form or pay the premiums for their policies themselves. Story stated adequate time should be given to inform employees of the City policy change even though the policy that had been changed was illegal. Johnson stated even if the employees completed a payroll withdrawal form, the Clerk-Treasurer still did not have a contract on file authorizing her to pay those premiums. Johnson stated it was not correct to say the law had been violated. Johnson stated a letter had been requested from the IRS for a ruling on whether the procedure was a violation of the law. Jones concurred with the Mayor. Johnson stated the City had yet to receive a ruling on that request. Johnson again appealed to Council to take the time to correct the problems before enacting Ordinance D-873. Story made a motion to override Mayor Johnson's veto with the intent of introducing a resolution later in the meeting to allow the time needed to explain the changes to the affected employees. The motion was seconded by Kendall. Story, Councilor Painchaud, Kendall, Councilor Snyder and Quinn voted aye. Potasnik and Fleming voted nay. Motion carried. Kendall made a motion to approve the claims of 12-29-92 CLAIMS: for $49,014.18. The motion was seconded by Snyder. All members voted aye. Motion carried. OLD BUSINESS / SECOND READING: 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 adopt Ordinance A-69. The UTILITIES: motion was seconded by Kendall. Dave Pace of the Carmel Utilities Department stated Ordinance A-69 covered potential threat of cross connection or contamination to City water lines by any means from 2 within buildings by requirement of certain contamination preventative devices. Discussion ensued among Council members and Pace regarding Ordinance A-69. Call for the question. All members voted aye. ORDINANCE A-70 / AN ORDINANCE BUDGETING EXPENDITURES FOR OPERATING AND DEPRECIATING FUNDS FOR THE WATER UTILITY AND ORDINANCE S-53 / AN ORDINANCE BUDGETING EXPENDITURES FOR THE OPERATING AND Quinn made a motion to DEPRECIATION FUNDS FOR THE SEWER UTILITY: adopt Ordinance A-70 and S-53, ordinances establishing the 1993 operating and depreciating fund for the water and sewer utilities. The motion was seconded by Story. Discussion ensued among Council members regarding Ordinances A-70 and S-53. Quinn asked the Mayor to consider future water and sewer utility budgets being submitted under a format similar to the Clerk-Treasurer's because it was impossible to determine detailed information such as overtime, travel and leased vehicles. Johnson stated he would consider a format change for the next year. Call for the question. All members voted aye. OTHER BUSINESS: Johnson stated he PROPOSED CITY COUNCIL / CITY DEPARTMENT RETREAT: would like to conduct a retreat for the purpose of an exchange of ideas between City Council members and City Department heads and their second-in-command. Johnson stated he was considering conducting the retreat in March at Oakhill Mansion. Discussion ensued among Council members regarding the Mayor's proposal. Johnson stated he would consider the specific concerns of Council members and cancel the proposal if the logistics and details became too much of a problem for all concerned. NEW BUSINESS: RESOLUTION CC-1-4-93-1 / A RESOLUTION REQUIRING THE CLERK-TREASURER TO RECOGNIZE AND PAY LIFE AND DISABILITY PREMIUMS OF INDIVIDUAL Painchaud made a motion to EMPLOYEES THROUGH MARCH 1, 1993: suspend the rules and add Resolution CC-1-4-93-1 to the agenda. The motion was seconded by Quinn. All members voted aye. Story made a motion to adopt Resolution CC-1-4-93-1 as follows: Whereas, the City of Carmel, Indiana will no longer, per Ordinance D-873, pay individual employees disability insurance premiums or life insurance premiums with deferred compensation; and, Whereas, the City of Carmel employees need additional time to be informed of the changes that will occur in said insurance plans; and, 3 Whereas, time is necessary to set up a Section 125 Plan that will occur in said plans for City of Carmel employee's disability insurance, NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Carmel would require the Clerk-Treasurer for the next sixty days to: A) Recognize the individual employee policies as valid contracts. B) Pay premiums for the covered individuals under said contracts. The motion was seconded by Kendall. Quinn made a motion to add "in accordance with State statutes" at the end of the sentence under item B. The motion was seconded by Story. Snyder made a motion to amend the words "sixty days" to read "March 1, 1993". The motion was seconded by Story. Call for the question. All members voted aye. Jones asked for a legal opinion, in writing, from the City Attorney that an individual policy can be considered a contract and that she could be authorized to pay from that policy. Johnson stated Jones' request would be so entered into the record. ANNOUNCEMENTS: Johnson stated INTRODUCTION OF NEW CITY ATTORNEY / GORDON BYERS: City Attorney Steve Brown's legal work with USA Funds forced him to resign from the City Attorney position, since it appeared he would be unable to continue to dedicate as much attention as the City required. Johnson introduced and welcomed Gordon Byers as the new City Attorney. Potasnik asked the Mayor if REQUEST FOR PLAN COMMISSION MINUTES: it would be possible for Council members to receive copies of Plan Commission minutes. Johnson stated minutes would be forwarded to the Council by the Plan Commission secretary. There being no further business before the Council the meeting was duly adjourned. Respectfully submitted, ______________________________ Susan W. Jones, Clerk-Treasurer Approved: 4 _______________________________ ATTEST: Mayor T. E. Johnson _______________________________ Susan W. Jones, Clerk-Treasurer 5