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Home My WebLink AboutCCM-03-06-00 CAR?~IEL CITY COUNCIL MEETING AGENDA MONDAY, ?~LA_RCH 6, 2000-7:00 P.?~I. COUNCIL CHA?~IBERS / CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER 1. INVOCATION 2. PLEDGE OF ALLEGIANCE RECOGNITION OF CITY E~IPLOYEES AND OUTSTANDING CITIZENS a. Reading and Presentation of Proclamation of Disabilities ,Awareness Month to Robert H. Bill, Janus Developmental Services, Inc.; Ma_vor James Brainard APPROVAL OF MINUTES a. February 7, 2000 - Regular Meeting b. February 22, 2000 - Special Claims Meeting RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL a. Hamilton County Humane Society; Hon. Jud_v Levine and Hon. Steve Holt 6. COUNCIL, ~LA_YORAL AND CLERK-TREASURER CO~I~IENTS/OBSERVATIONS 7. ACTION ON MAYORAL VETOES CLAI?~IS · Pa_~Toll · General Claims · Retirement CO~vHvlITTEE REPORTS Administration Committee Annexation and Land Use Committee Economic Development Committee Finance Committee Parks & Recreation Committee Public Safet_v Committee Rules Committee Utilities Committee 10. OLD BUSINESS 11. PUBLIC HEARINGS 12. 13. NEW BUSINESS a. Resolution CC-03-06-00-01; A Resolution Approving Payment of Construction Costs for Hazd Dell Bond Project ($554,949.18 for Hazel Dell Pkwy. Construction Costs); Kate Boyle-x~Veese, City Engineer b. Resolution CC-03-06-00-02; Transfer of Funds by the Board of Public ~Vorks ($50,000 from General Insurance and $35,000 from Consulting Fees into Festivals.Community Events); Mayor James Brainard c. First Reading Ordinance D-1453-00; An Ordinance Adopting and Adding Chapter 8, Article 5, Section 8-70 to the Camel City Code (re: Hauling of Rubbish, Waste Debris, etc.); Mayor James Brainard d. First Reading Ordinance D-1454-00; An Ordinance Amending Chapter 8, Article 5, Section 8-47 of the Camel City Code (re: Three-Hour Parking Limit in City Parking Lots); Mayor James Brainard e. First Reading Ordinance D-1455-00; An Ordinance Adopting and Adding Chapter 9, Article 5, Section 9-217 to the Camel City Code (re: Underl~ound Placement of Utility Lines); Mayor James Brainard f. Permission to Use Funds from Ambulance Capital Fund; Chief Douglas Callahan, Carmel Fire Department OTHER BUSINESS a. Mayoral Appointments; Wellhead Protection Committee and Carmel Economic Development Committee 14. ANNOUNCENIENTS 15. EXECUTION OF DOCU~IENTS 16. ADJOURN~IENT CARi~II~L CITY COUNCIL MI~I~TING MINUTI~S MONDAY, i~LI_RCH 6, 2000 - 7:00 P.i~I. COUNCIL CI-[I_i~IBI~RS / CITY I-[I_LL / ONI~ CIVIC SQUARI~ MI*~IBI*RS PRESENT: Mayor James Brainard; Council President Norm Rundie; Councilors John Koven, Bob Battreall, Luci Snyder and Wayne Wilson; Clerk-Treasurer Diana Cordray and Deputy Clerk Robin Butler also artended. Councilors Keyin Kirby and Ron Carlet were absent. Mayor Brainard called the meeting to order at 7:08 p.m. Councilor Wilson pronounced the invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF CITY I*~IPLOYI*I*S AND OUTSTANDING CITIZENS Ma_vor Brainard read a proclamation declaring March Disabilities .4~v'are~ess ~fonth in the City of Carmel. He presented fie proclamation to Robert H. Bill of Janus Developmental Ser~-ices, Inc. Mr. Bill flanked the Ma_vor and Council and briefly addressed the audience about disabilities awareness. Council President Rundie turned the chair over to Councilor Snyder and asked the Council to consider an add on item (Exhibit A). Council President Rundie moved to add the item from the Hamilton County Humane Society to the agenda as item 12g. Councilor Snyder seconded. Councilor Battreall stated that the Council had been presented with this information only minutes before the meeting and he is not prepared to bring this issue up for Council Discussion. The item was added on by a vote of 4-1. Councilor Battreall voted against. Council President Rundie stated that a two-thirds vote was needed to add the item to the agenda. APPROVAL OF MINUTI*S: Councilor Wilson moved to approve the minutes of the February 7, 2000 regular meeting. Councilor Koven seconded. The minutes were approved 4-0. Council President Rundle abstained due to his absence from that meeting. Councilor Wilson moved to approve the minutes of the February 22, 2000 special claims meeting. Councilor Snyder seconded. The minutes were approved 3-0. Councilors Battreall and Koven abstained due to their absences from that meeting. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Council President Rundle asked Honorable Judy Levine to approach the podium and address the Council. Ms. Levine introduced herself as the Hamilton County Representative from District 2, representing the Hamilton County Animal Task Force. She addressed the Council regafding funding for stray animal control for fiscal year 2000. She passed out a packet of information from the Hamilton County Humane Society (HCHS), including the 2000 Budget. There was Council discussion regarding the requested funds and the use of the funds. Dick Frost of 507 Stonehedge Dr. addressed the council regarding the Hamilton County Humane Society and the issue of Presiding Officer (Exhibit B). Judy Edwards from the Cannel Clay Public Library presented a report from the library (Exhibit C). There was Council discussion regarding appreciation for the information that the Librar_v has been willing to report. Scott Toussaint of 5328 Mae Dr., member of the Hamilton Count_v Humane Societ_v (HCHS) Board and Vice President of Fundraising for HCHS. He addressed the Council as a citizen regarding the HCHS and the Cit_v's part in funding the HCHS. COUNCIL, ~L~YORAL AND CLERK-TREASURER CO~I~IENTS/OBSERVATIONS: Councilors Wilson and Koven thanked the Humane Societ_v and ever_vone that came to show support for the organization. CLAI~IS: Councilor Wilson moved to approve Claims in the amount of $255,577.64. Councilor Koven seconded. Claims were approved 4-0. Council President Rundie was not present for the vote. CO~vHvIITTEE REPORTS: Councilor Koven stated that the Administration Committee has not met _vet, but will decide, perhaps this evening, when the_v will meet and will adopt a regular meeting schedule at the first meeting. Councilor Sn_vder stated that the Annexation and Land Use Committee has met once and will continue to meet the second Thursda_v of each month at 7:30 a.m. in the Council Office. At the first meeting the committee decided to invite the Ma_vor to report on annexation negotiations. The committee will also be discussing an issue regarding land use for a project in a portion of the Woodland CountD' Club. Councilor Wilson stated that the Economic Development Committee will meet the third Monda_v of each month. The first meeting will be with the Economic Development Commission and the Mayor, if he is available. Councilor Rundie reported that the Finance Committee met on March 1, 2000 and he summarized what transpired (Exhibit D). Council President Rundie reported that the Parks and Recreation Committee had not _vet met. Councilor Battreall reported that the Public Safety Committee had its organizational meeting earlier in the da_v. He stated that the Police, Fire and Communications Departments were also represented at the meeting. Carl Mills also attended, representing the Township. Mr. Mills discussed Fire Station number 46 and the status of that station. The Animal Control Officer was discussed but no decision was made. The Communications Department discussed the consequences of annexation. Those issues are not read_v to be broup, ht before the Council, but axe being discussed in the committee. The meetings are the 3~a Monda_v of each month at 10:00 a.m. in the Caucus Room Council President Rundie stated that the Rules Committee had not _vet met. The committee will ask each Council Committee to prepare an objective.'mission statement. Councilor Kirby, Chair of the Utilities Committee was not present; therefore, there was no report from that committee. OLD BUSINESS: There was none. PUBLIC HEARINGS: There were none. NEW BUSINESS: Council President Rundie introduced Resolution CC-03-06-00-01- Approving Payment of Construction Costs for Hazel Dell Bond Proiect ($554,949.18 for Hazel Dell Pkwy. Construction Costs); Councilor Wilson moved to approve the resolution. Councilor Snyder seconded. There was no Council discussion. Resolution CC-03-06-00-01 was approved 5-0. Council President Rundie introduced Resolution CC-03-06-00-02- Transfer of Funds by the Board of Public Works ($50,000 from General Insurance and $35,000 from Consulting Fees into Festivals.Communit_v Events); Councilor Snyder moved the resolution into business. Councilor Koven seconded. Mayor Brainard addressed the Council regarding the resolution. He stated that the Worker's Compensation estimate was below budget and there were Consulting Fees which had been budgeted for Y2K issues that the City did not experience. Mayor Brainard stated that the Clerk-Treasurer will send letters to the vendors owed money by the International Arts Festival and ask them to si~i~ a legal release agreement that will protect the City from any further liability for that event. Mayor Brainard stated that the festival is now separate not for profit corporation and the City has no legal or financial obligation to them in the future. Mayor Brainard acknowledged his responsibility for mistakes made in regards to the festival. He stated that the people involved were well intentioned. He thanked the Council for stepping up and helping the festival. He also stated that Carol McManama, CPA has verified the amount of debt to be between $80,000 and $83,000, so the amount in the resolution should more than cover the debt. Councilor Battreall asked about the future of the festival. Mayor Brainard stated that committee is dealing on a pay as you go basis. The amount the City will contribute was discussed. A dollar amount was not decided upon, but it was noted that the City contributes other ways, for instance by the Fire Department and Street Department providing services to set up for and clean up after the events. Councilor Snyder asked if there was a plan to cancel the event at any time if it becomes clear they will not raise adequate funds. She stated her concern that the event could turn out just as the past events have by not being able to cover expenses. Councilor Snyder asked the Mayor who is running the committee. The Mayor explained the not for profit status. The three Directors of the not for profit corporation are Councilor Ron Carlet, City Attorney Doug Haney and Jeff Worell, previous Co-chair of the Festival. There was discussion of a concern that a City employee would be spending City time organizing the event. Mayor Brainard stated that while he could not say that there would be no time ever spent on an occasional contact, there will be no City work time spent on festival organization. Councilor Koven clarified that the amount of $50,000 transfer is from General Insurance, but is not in the workers compensation line item. The Mayor stated the amount is from an over-budgeted amount for workers compensation, while it may not have come directly out of that line item. There was Council discussion regarding the amounts. Councilor Wilson thanked the Mayor for bringing this issue to a close tonight and commended him for his leadership in regards to this matter. Council President Rundie asked Councilor Wilson to approach the Festival committee and ask for a formal request from them for amounts for 2000 and 2001. Clerk-Treasurer Cordray spoke to the vendors regarding the procedure that will be initiated regarding the payment of the Festival's invoices. She stated that the City has spent approximately $110,000 over the last two years on the International Arts Festival. She said she would forward the claims to the Mayor for his signature. Councilor Wilson moved to approve Resolution CC-03-06-00-02. Councilor Snyder seconded. Resolution CC-03-06-00-02 was approved 5-0. Council President Rundie introduced Ordinance D-1453-00' Adoptina and Adding Chapter 8~ Article 5~ Section 8- 70 to the Carmel City Code (re: Hauling of Rubbish, Waste, Debris, etc.); Councilor Wilson moved the ordinance into business. Councilor Snyder seconded. Mayor Brainard briefly explained the ordinance. He requested the ordinance be sent to committee for amendments to reflect that the ordinance would take effect only after the state passes a similar statute. There was no further discussion. Council President Rundie assigned Ordinance D- 1453-00 to the Public Safety Committee to report on no later than the first Council meeting in April. Council President Rundie introduced Ordinance D-1454-00' Amending Chapter 8~ Article 5~ Section 8- 47 of the Carmel City Code (re: Three-Hour Parking Limit in City Parking Lots); Councilor Snyder moved the ordinance into business. Councilor Wilson seconded. Mayor Brainard briefly explained the ordinance. There was Council discussion. Council President Rundie assi~ed Ordinance D-1454-00 to the Public Safety Committee to report on no later than the first Council meeting in April. Council President Rundie introduced Ordinance D-1455-00' Adoptina and Adding Chapter 9~ Article 5~ Section 9-217 to the Carmel City Code (re: Underground Placement of Utility Lines); Councilor Battreall moved the ordinance into business. Councilor Wilson seconded. Mayor Brainard briefly explained the ordinance. There was no further discussion. Council President Rundie assi~ed the ordinance to the Public Safety Committee to report on no later than the first Council meeting in April. Chief Douglas Callahan of the Carmel Fire Department requested Permission to Use Funds from the Ambulance Capital Fund for the first and second installments of vehicles for the Fire Department and for the purchase.'lease of seventy-three Self-Contained Breathing Apparatus and accessories for Fire Department personnel. Chief Callahan explained the request and had several firefighters demonstrate the new equipment versus the old equipment. There was Council discussion. It was discussed that there should be an annual budget item for these expenses rather than a _yearly request for the amount. Councilor Wilson moved to approve the request. Councilor Snyder seconded. The request was approved 5-0. Councilor Wilson stated that he had received a letter from a citizen regarding the Fire Department's response to a Carbon Monoxide detector. He also thanked the Chief for his effort preparing a very helpful report about the Fire Department that was given to Councilor Wilson before he began as a Council member. Chief Callahan stated that the citizen who wrote the letter also wrote to Lieutenant Moriarty' s (the person who called this citizen back about her issue) children and told them how lucky they were to have a father who cared so much. Council President Rundle read a letter from Cindy Ramsey regarding the invoice from Hamilton County Humane Society. There was Council discussion regarding this invoice. Councilor Battreall moved to table the invoice. There was no second. There was further Council discussion. Councilor Koven moved to refer the invoice to the Finance Committee to be addressed at the first meeting in April. Councilor Battreall seconded. The motion was approved 5-0. OTHER BUSINESS: Mayoral Appointments: Mayor Brainard stated that Mr. Duffy has sent some letters regarding the Wellhead Protection Committee and is waiting on responses. He stated he will ask the current Mayoral Appointment to the Carmel Economic Development Committee to continue, but they have not been able to speak about this issue yet. Clerk-Treasurer Diana Cordray stated that the April 3, 2000 meeting has been cancelled because there would not be a quorum. There has been a meeting called on April 10, 2000 instead. The meeting on April 17, 2000 will stand. Clerk-Treasurer Cordray also stated that she distributed a calendar for the 2000 Budget Sessions and has only heard from Council President Rundle regarding approval of the dates. Councilor Koven presented the Council with a proposal for cell phones from Nextel Corporation, Inc. Councilor Koven moved to procee~ as a Council and purchase cell phones. There was Council discussion. Councilor Wilson seconded the motion and called for the question. The motion was approved 4-1. Councilor Battreall voted against the motion. ADJOURNMENT: The meeting was adjourned at 10:30 p.m., pending the execution of documents. Attest: ~ Clerk-Treasure a L. r a IAMC Resp.~ctfully submitted, IAMC Appr ved, ames Brainard EX~!IBIT A MEMORANDUM TO: City Council FROM: President Norm Rundie RE: Agenda Add-on RATIONALE FOR DISCUSSION OF THE HUMANE SOCIETY TO BE ADDED TO COUNCIL AGENDA OF MARCH 6,2000 The Finance Committee met on March 1,2000, and discussed the issue of providing financial assistance to the Hamilton County Humane Society. It was felt the council should review this matter at their meeting on March 6th, particularly after representatives of the Humane Society have the opportunity to address the council. This item will be added to "NEW BUSINESS, G." if the council so desires. - EXBIBIT B DICK FH3B]2 ~, IN 46032-7400 Mr. htznsn Rustle, T11 ~ 1 P~ Officer ~CityCbrsil City all ~, In46032 Dear Ffrnrable knt T! legAL ~ Officer: ~ 5~u "gcr~" me tnight, fc~ ~ teasre, I r~i~ctfully re~___~c_ that this odmbnLary ard/cr affidavit be filed as an att_~xxs~L to tcnight's o33rFjl minutes AlSD a~ herebo is a oogy of my "letter to th~ ~litor" that I sent sinul~ly to M~srs: R~yalty ~ Star (~=~o N~th a~ J~al, li::bles~l le kebe~use it is n~c "sure cm=~" it is mt AFFIDAVIT fol/~ statement, to ~it: ~hat ordinaF~e D-1451-00is ~ ~ ard IXDID, as defjng~ in F~fK's ~ DICrI(llf~ ard furth~ he k~li~ that it vas PKD~ITT.Y ~ for the City ODuncil to rIBss qhat he is an aggie~d taxpayer in this n~m~er, ~ he has m inteqticn of f i Iing a L3~ suit ~ h~ w41 ] f~le an AMICLB GRAE ard/c~ Dg!R~ brief for any lae~t f~ by A~Y e~er agg~e~d F 352 6648eR. LST that ~ of th~ law that says cctnci 1 s may adq~ thej r meet~ rules of ~ is ~ahat tl~ Lntsqt of c~qlirk3oe D-1451-00 intent. ]ud~h 9. Chainbern, No~aP3 pu'o~ic My Commission Expires, January 19, 2008 Coun~ o4 ~esiQe~ce: Hamitton a: \ 000208metronorthl ettertotheedi tor. txt <x-rich><bold><bigger><bigger><bigger>LETTER TO THE EDITOR </bigger></bigger></bigger></bold> CARMEL CITY COUNCIL IS VIOLATING STATE LAW At the 2/7/2000 Carmel City Council, I stated to the Council, en bloc, "I am here tonight to admit that I failed ~o perfect my formal complaint (Advisory Opinion 00-FC-3 )that the Council did violate the open door law - my complaint was based 100% on hearsay or supposition. I went on to say, in essence, that ordinance D-1451-00 was illegal, to wit: IC 36-4-6-8(b), "This subsection applies only to third class cities. The city executive <bold>SHALL</bold> <bold>PRESIDE </bold>at all meetings of the legislative body only in order to break a tie. At its first regular meeting under section 7 of this chapter, and on the first Monday of each succeeding January, the legislative body <bold>SHALL </bold>choose from its members a president pro tempore <bold>TO PRESIDE WHENEVER THE EXECUTIVE IS ABSENT." </bold> In the figment of the council's imagination and bum dope from an attorney from a prestigious law firm, ordinance D-1451-00 was crafted as if Carmel were a <bold>SECOND CLASS CITY</bold>, to wit: IC 36-4-6-8(a) states, "This subsection applies only to <bold>SECOND CLASS CITIES.</bold> At its first regular meeEing under section 7 of this chapter, and on the first Monday of each succeding January, the legislative body shall choose from its members a president and a vice president." Carmel is a third class city. You don't have to have an Eed degree in Reading Comprehension; the law is clear and unambiguous. My Councilman, Mr Kevin Kirby must have awakened and said Printed for Dick Frost <defrost@indy.net> a:\000208metronorthlettertotheeditor.txt essence, other cities do it and it is unclear what preside means and if Mr. Frost wants to file suit he can. I stated earlier thau I would not file suit but would file an amicus curae or expert witness brief with the court or plaintiff's attorney, as applicable. Councilman Kirby you are <bigger><bigger>WRONG! </bigger></bigger>If Mayor Brainard is in the audience, how can he cast a vote to break a tie? The law is unambiguous, Mayor Brainard presides from the opening of the council and until the close. The Council's current modus operandi is the same that former Mayor Ted Johnson wanted to do 8 years ago - open the council meeting and then sit in the audience and I am sure the minunes ef January 1996 will sustain IC 36-4-6-8(b) which <bold>HAS NOT BEEN AMENDED SINCE 1983. </bold>When is the Carmel City Council going to start doing the job they took an oath to do in December 1999 instead of <bold>BY THE FIGMENT OF THEIR IMAGINATION? </bold>Dick Frost Carmel 846-5328 defrost@indy.net </x-rich> Printed for Dick Frost <defrosteindy.net> 2 EXtlIBIT C CARMEI, CLAY PUBHC LIBRARY REPORT March 6, 2000 1. Report on noise abatement progress. (See attachment) a) Additional monies spent = $150,000.00 2. Report on Intemet discussion as to filters or non-filters. (See attachment) a) Report on voters in state of Michigan b) Report on U. S. Supreme Court in Virginia 3. Some interesting facts comparing present time to this time last year. (January 1999 to January 2000) CATEGOR1FS PERCENT CHANGE Adult Non-Fiction Adult Fiction Adult Intedibrary Loans Children's Non-Fiction Children's Fiction High School Total Monthly Circulation Door Count Average Daily Circulation +44.8% +26.1% +73.6% + 30.5 % +52.1% +108.4% +47.1% (25,394) (43,232) +70.0% (2348) (3329) +41.8% We are now circulating in excess of ONE MII JJON items annually! Public Library Chiller Unit Recap and Update February 28, 2000 We have been good neighbors to our neighborhood for the past 27 years and will continue to be good neighbors in our new facility. We invited neighbors to meetings before construction and since the building opened to listen to their concerns. We specified in our bid documents the need for a quiet chiller unit to minimize the noise impact. We also installed a sound absorbing wall. When some neighbors expressed concerns over the noise, we brought in our project engineers to test decibel levels on two separate occasions. In early July, we also hired an acoustic,an to conduct tests and provide recommendations. Based on the acoustician's recommendations: o We constructed a sound absorbing wall on the east of the unit (July 1999). o We applied sound absorbing material to the south wall of the building (July 1999). o We implemented a night cycle to minimize operating time during hours the library is closed (July 1999). o We insulated each of the four (4) compressors (August 1999). o We extended the walls on the east and south sides six (6) feet, for a total height of sixteen (16) feet (January-February 2000). o We installed acoustical panels, extending eight (8) feet above the chiller, to surround the exhaust fans (February 2000). o The acoustic,an will be scheduled to conduct follow-up tests in the spring, at a time when the chiller can operate at full capacity. o We will continue to monitor the situation, not only for sound levels but also for the efficient operation of the unit. 55 4th Avenue SE, Carmel, IN 46032 Tel: (317) 814-3900 Fax: (317) 571-4285 www.carmel.lib.in.us · . INDIANAPOLIS 'S~AR · · ' Wednesday; .February 23, 2'000 Voters, say no to: .'.bill i i requiring local libra to filter Internet porn By LiSa 'Singhania · ASSOCIATED PRESS .. ; ' HOLlAND, Mich. -- In' the. na- tion's first such ballot measure, voters in.. this- conservative Michi- gan dry' voted against requiring the public library to install Inter- net filters to keep' yonngSters from looking at pornography. The ordinance Would have' cut off funding to the library unless li- brary offid_~!s installed computer programs, that deny .access'to. cer- tain Web site~. Opponents-s~y such filters don't work and often prevent library patrons. from ac- cessing legitimate .information. · Unofiidal results showed Hol- land voters 'rejecung..the proposal · 4,379 to 3,626. The issue of Intemet access at libraries is. being'debated' across the country, but supporters of the ordinance say Holland is the first dty to put it on the 'balloL' The measure-shared space,. with the Republican presidential, primaiT. ' Holland, a city-of 30,.745 ?where hundreds .d thousands of tulip bulbs are planted each.year for the annual Tulip Time Festival, is. in a .~taun.chly Republican area with a. strong evangelical Christian infiu- :' The'. opponents' of the filter measure alleged. that' outsiders, specifically' the Mississippi-based American Farofly'Association..- which has 1,000 members in' the Holland area and contributed more than .$35,000 t0..the campaign r'- were using Holland' to'promote .a national .agenda_ o opponents; $3,00o. They' pointed oui that be~ cause Holland shares the lib .x~.. with neighboring communities axed comprises less than a third of .t~e taxpayers who fund" the library~it · Would be unfair for Holland. to , termine its Intemet policy. ~-'... 'The entire'library commUnity~.~m this state is concerned, not just f6r' oUr library but. for' theirs as ~-ell,* said-Gary"PLffiano, a spo.k~,~.','. -.for the Bbrary ..... ',.: :... He · said it's .not . clear';. what' would 'have happened'had' ~he measure. been approved, ,The ~- · brary 'board had suggested ;it. .would shut.its doors rather than install the filters, but'it .hte. r backed down. · '- Holland election' workers re: ported moderate to heavy waffle ~t the polls Tuesday. --. '. Char l ~man came tO vote in the" GOP primary, but' she said it was · just .as. important to:'her 'to-. v~e' against .the ritering 'proposal. ' · "I think. human supervision the answer.',." said. Lainare i who- · brought her 1½-year-old grandson.' 'to the polls with her..."We're at. the,. library .all the time, and there:s never been a problem." · .. Her husband, Earl, agreed.' saldV'the issue has..becn,~~.' .-. eamng it 'c0mmum'ty bustw-g.' :, . enay.. don't know what's for their o~. good,' she said. 'It may not .b~,.a really big problem at the llbrar3r'' right now or in the future, but 'take a chance.~- EXHIBIT D FINANCE MEETING OF THE CARMEL CITY COUNCIL The City Council Finance Meeting began at 3:00 PM in the office of the Clerk Treasurer on March 1, 2000. Committee members attending were Council President Rundie, John Koven, and Diana Cordray. Also in attendance was Councilor Wayne Wilson, Mayor Brainard, and Carol McManama, accountant with the Carreel Utilities. Carol McNanama gave her final audit report of the Arts Festival. The amount owed to festival vendors is approximately $83,000. The City of Carreel has already disbursed checks in fiscal 1998 and 1999 in the amount of $14,687, plus $15,000 donated to the Legacy Fund for payment of festival invoices. In 1999 the City also contributed $5600 to the Legacy Fund. The total contribution to the Arts Festival by the City for 1998 and 1999 is expected to reach $110,000. It was suggested by the committee that a release be sent to the vendors before final payment is approved. The City Attorney will prepare the release. Clerk Treasurer Cordray stated she had met with the State Board of Accounts regarding the payment of fiscal year 2000 non-appropriated invoices, as well as the use of current appropriations to pay expenses from 1998 and 1999. The Mayor stated the City Attorney would provide a legal opinion on these questions. Council Rundle summarized 3 areas of concern: (1) review of Party Time invoices since there may be some outstanding credits, (2) approval at the March 20th council meeting of all claims for the Arts Festival, and (3) the City must be protected through the use of a release. The Committee agreed that a letter and release should be sent to all vendors by March 7. ARer the releases have been returned, checks will be distributed by March 21 a. Further discussion about the 2000 Arts Festival included that the not-for-profit status has been filed and three individuals have been appointed to the Arts Festival Board of · Directors. They are City Attorney Doug Haney, Councilor Ron Carter and Jeff Worrell. An invoice from Bose, McKinney & Evans was submitted by Clerk Treasurer Cordray. The invoice was in the amount of $110 for the trademark registration of the Farmers' Market. The mayor said the bill would not be paid by the city. Councilor Koven said that in the future this type of invoice must not be submitted to the city for payment. The issue is not whether the arts festival or farmers market have value, but that all festivals must stand on their own financial feet. Councilor Luci Snyder joined the meeting. It was decided that the invoice for the Rapid Transportation Authority would not be paid from the Council budget. The Agreement was signed by the BPW in 1997 but the City has not been invoiced for 2 years. The Mayor stated he would find the money in the cum cap development fund. Councilor Koven expressed displeasure that the City Attorney had refused to represent the Council. State law says the city attorney represents the mayor and the council. If this situation does not change immediately, Koven suggested de-appropriating money from the city attorney's budget in the amount of $54,000. The Mayor Stated that Mr. Haney had a conflict of interest. Mr. Rundie has spoken to Mike Ecke~e, Council attorney, about working this out quickly. Councilor Rundie is to be the point of contact on this issue. The Mayor stated he had told Mr. Haney to drop the proposed amendment to the Resolution and that a waiver would be worked out between the two attorneys. Councilor Wilson stated he is was frustrated with the arrogance of the city attorney and that he would not sign a waiver without the advice of legal council. Councilor Koven then provided copies of an article in the Metro North newspaper regarding Tammy Haney, wife of City Attorney Doug Haney. Ms. Haney is now a partner with Bose, McKinney & Evans. Koven asked why there was not a conflict of interest on file for Mr. Haney since the City had spent in excess of $200,000 in 1999 to the law firm of Bose, McKinney, & Evans. He also asked about the husband of city engineer Kate Weese whose husband is an attorney with Bingham, Sommers, etc. and whose firm does business with the City. The Mayor said Mr. Haney had not signed a conflict of interest statement because he believed it was not necessary under these circumstances. Mr. Koven asked what financial arrangement had been made with Senator Lugar for the City's Inauguration in December 1999. Several members of the community had inquired whether the $5,000 pledge had been fulfilled. Clerk Treasurer Cordray stated the City had not made any payment to the Senator. The Mayor said the funds would be raised by business in the community. The issue of Exhibit C (see attachment) contained in all city contracts was discussed. Upo'n the random review of numerous contract files, it was discovered that Exhibit C was not found in any contract. The question was asked of the mayor why does the contract call for information when no one follows up to see if it has been completed. The Mayor stated that everyone is very busy with the activity in the city and possibly too much was happening too fast. Clerk Treasurer Cordray suggested that all of the current projects be prioritized by the Mayor and then discussed with the Council. Council Wilson asked if he could comment about the Arts Festival at this time. He stated that he had been told that invoices for the Arts Festival had been re-billed to departments in the City of Carmel and processed for payment. Councilor Wilson stated that he had been told that the Mayor had asked that this re-billing occur. Councilor Koven inquired about the current contract with CSO Architects. He stated that an invoice had been sent to the CKC for payment in the amount of $95,000 by CSO. Koven also referenced the agreement signed in 1998 by the Mayor, CKC, Council, CKA and the Clerk Treasurer (see attachment). That agreement states that contracts in excess of $75,000 must first go to the CRA or CKC for approval and then to the Council for approval. Some of the bond payments in excess of $75,000 had followed the correct procedure which had been agreed to at a special meeting on March 27, 1998. Koven asked the Mayor to explain why the procedure had not been followed. The Mayor stated it was an oversight and he thought the Clerk Treasurer had taken care of it. Councilor Koven told the Mayor it was his responsibility and that it was his attorney (Barnes & Thornburg) who had drafted the agreement. The Mayor stated he thought it was the council' s attorney (McHale, Cook) who had prepared the agreement. The Mayor did, however, take responsibility for the failure to follow the agreement. He stated he would take a new contract to the CRC and then the Clerk Treasurer could forward the document to the Council for approval. Clerk Treasurer Cordray recommended a meeting with city directors so that a flow chart could be worked out to facilitate the processing of these important documents. John Koven discussed the need for council members to be accessible and said he was reviewing several cellular phone programs. He planned to bring a recommendation to the Council. The Hamilton County Humane Society issue was discussed at length. A decision will be reached at the City Council Meeting on March 6, 2000. In closing, Council President Rundle stated that there is clearly a serious communication problem and that it emanates from the Executive Branch of the City. He told the Mayor the he must do a better job of communicating with the council. Meeting adjourned 6:30. EXHIBIT C INSURANCE COVERAGES Worker's Compensation & Disability Statutory Limits Employer' s Liability: Bodily Injury by Accident: Bodily Injury by Disease Bodily Injury by Disease $100,000 each accident $500,000 policy limit $100,000 each employee Property damage, contractual liability, products-completed operations: General Aggregate Limit (other than Products/Completed Operations): Products/Completed Operations: $500,000 $500,000 Personal & Advertising Injury Limit: Each Occurrence Limit: Fire Damage (any one fire): Medical Expense Limit (any one person): $500,000 $500,000 $ 50,000 $ 5,000 Comprehensive Auto Liability Owned, hired and non-owned Bodily Single Limit: injury and property damage each accident $5OO,OOO Umbrella Excess Liability Each occurrence and aggregate Maximum Deductible $500,000 $ 10,000 Professional Responsibility Insurance: Per Occurrence: Aggregate: $500,000 $500,000 AGREE3ENT THIS AGREEMENT, dated as of March 27, 1998 (this "Agreement"), by and between the City of Carmel..Rede~.e!_gp__ment commissi?.n: a redevelopment commission organized and existing under Indiana Code 36-7-14 (the "Commission"), the Common CounciI of the City of Carreel, Indiana (the "City"), a common council organized and existing under Indiana Code 36-4- 6 (the "Council"), and the Mayor of the City ("Mayor"), joined in by the CIerk-Treasurer of the City (the "Clerk-Treasurer"); WITNESSETH THAT: WHEREAS, the Commission proposes to issue the City of Carreel, Indiana,, Re. development District Taxable County Option Income Tax Revenue Bonds of 1998. (City Center Redevelopment Projec0, in an aggregate principal amount not to exceed $10,500,000 (the "Bonds"), pursuant to Indiana Code Section 36.7-14-25.1 and Resolution No. 4-1998 adopted by the Commission on January 15, 1998 (the "Resolution"); and WHEREAS, the parties hereto desire, by this Agreement, to provide procedures for. the approval of certain expenditures of Bond proceeds; NOW, THEREFORE, in consideration of the foregoing and other good and valuable 'considerati6n, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: Section 1. Contract Approvals. The Commission shall approve all agreements or contracts, and change orders to any such agreements or contracts, for the expenditure of Proceeds (singly or together hereafter referred to as "contracts" or "change orders"), and shall conduct all bid proceedings, if required by applicable law, with respect thereto. Section 2. Expenditures. The Commission shall not enter into and execute any contract nor award any bid for a contract, or issue any change order, which contemplates or · involves any Expenditure (as hereinafter defined), unless such contract (including any award of a bid for a contract) or change order is approved by the Commission and the Council in accordance with Section 3 thereof. Section 3. Approval. After the Commission approves any proposed contract (including any proposed award of a bid for a contract) or proposed change order for any Expenditure, the Commission shall deliver written notice of its approval of such proposed contract (or proposed award of bid) or proposed change order to the Clerk-Treasurer, together with instructions to deliver a copy of such notice to each member of the Council by the close of business on the business day after the Commission's delivery of such notice to the Clerk- Treasurer. If the Commission so delivers such notice and instructions, the Council shall be deemed to have approved such contract (or award of bid) or change order at the close of business on the fifth business day after the date by which the Clerk-Treasurer was so instructed by the Commission to deliver a copy of such notice to each member of the Council (the "Effective Date"), unless: (a) by the close of business on the Effective Date, any member of the Council who disputes such proposed contract (or proposed award of bid) or proposed change order requests'~the Clerk-Treasurer to pIace such dispute on the agenda for the next meeting of the Council; and (b) at such meeting, the Council disapproves such proposed contract (or proposed award of bid) or proposed change order by a vote of a majority of the elected members of the Council. Section ~,. Definitions. For purposes of this Agreement, each of the following terms shall have the meaning assigned to it by this Section 4: (a) "Expenditure' means any payment or other disposition of any Proceeds, excluding: (i) any payment of principal of or premium, if any, or interest on the Bonds, (ii) any payment of architecturaI, engineering, accounting, financial advisory, legal or other professional services, (iii) any payment of any costs of issuance of the Bonds, (iv) any investment of any Proceeds in any interest-bearing instruments, or (v) any payment(s) or other disposition(s), whether individually or in the aggregate if the contracted matter for which payment(s) or disposition(s) is/are being made is completed in one or more steps or is pan of a set or series of related contracted matters with a single person or vendor, of any Proceeds in an amount less than $75,000. (b) "Proceeds~ means any amounts received by the Commission from' its original issuance and sale of the Bonds, and any interest earnings thereon. Section 5. Amendments. This Agreement may be mended or terminated only by the written agreement of both of the parties hereto. Section 6. Governing Law. This Agreement and the rights and obligations hereunder shall be governed by and construed and enforced in accordance with the internal laws of the State of Indiana, without reference to any choice of law principles. Section 7. Severability. If any portion of this Agreement is held or deemed to be, or is, invalid, illegal, inoperable or unenforceable, the validity, legality, operability and enfore'..eability of the remaining portions of this Agreement shall not be affected, and this Agreement shall be construed as of it did not contain such invalid, illegal, inoperable or unenforceable portion. Section 8. Interpretation. The use herein of the singular shall be construed to include the plural, and vice versa. Unless otherwise indicated, the words whereof," wherein, ~ whereby' and "hereunder," and words of similar import, refer to this Agreement as a whole and not to any particular section, subsection, clause or other portion of this Agreement. Section 9. Captions. The captions appearing in this Agreement are included herein for convenience of reference only, and shall not be deemed to define, limit or extend the scope or intent of any rights or obligations under this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF CARMEL REDEVELOPMENT COMMISSION' ~i~e: ~~--e/_-~/?t' COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA MAYOR, CITY OF CARMEL, INDIANA jZ~.~~.Braina~~~d The Clerk-Treasurer hereby acknowledges and agrees to the procedures set forth in Section 3. CLERK-TREASURER, CITY OF CARMEL, INDIANA Diana L. Cordray