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HomeMy WebLinkAboutCCM 04-15-1996City of Carmel $L CITY COUNCIL MEETING AGmNDA MONDAY, APRIL 15, 1996 -- 7:00 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUi~RE Meeting Called to Order 1. Invocation 2. Pledge of Allegiance 3. Recognition of Outstanding Citizens/City Employees Approval of Minutes a. March 18, 1996 b. April 3, 1996 5. Recognition of Citizens Who Wish to Address the Council Claims a. $471,482.78 b. $ 9,344.75 c. $368,797.90 Payroll Hand-written Checks City Claims 7. Committee Special Reports 8. Old Business Public Hearings a. First Reading of Ordinance D-1204-96/An Ordinance to Amend Chapter 1 of the Carmel City Code (Repeal Shall Not Revive Ordinances)/Mayor Brainard First Reading of Ordinance D-1205-96/Additional Appropriation from the General Fund - Department of Administration Budget for $25,000/Mayor Brainard First Reading of Ordinance D-1206-96/An Ordinance to Amend Chapter 4 Article I Division 3 Section 4-26 (Door-to-Door Vendors) of the Carmel City Code/Mayor Brainard First Reading of Ordinance D-1207-96/An Ordinance to Amend Chapter 2 Article 6 Division 1 Section 2-135 (Transfer of Funds) of the Carmel City Code/Mayor Brainard ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400 Carmel City Council Meeting Agenda April 15, 1996 Page 2 10. 11. 12. 13. New Business a. Resolution 04-15-96-01/Transfer of $700 Within Budgeted Clerk-Treasurer Funds for Furniture & Fixtures/Clerk- Treasurer Cordray Other Announcements Adjournment CARMEL CITY COUNCIL MEETING MINTjTES MONDAY, APRIL 15, 1996 -- 7:00 P.M. Members present: Mayor Brainard, Councilors Kirby, Miller, Battreall, Rundle, Snyder, Carter and Walker. Clerk Treasurer Cordray and Chief Deputy Vandegriff also attended. The Mayor called the meeting to order. He then asked Councilor Miller to give the invocation. The Mayor led the Pledge of Allegiance. No outstanding citizens or employees were recognized. Minutes: Councilor Battreall moved to accept the minutes of the March 18 and April 3 meetings. Councilor Walker seconded. All members voted AYE. The minutes were accepted. Citizens Who Wish to Andtess the Council: Mr. Marvin Clingman indicated that he would rather speak during the public hearing for Ordinance D-1206-96. Claims: Councilor Snyder moved to accept the claims for $471,482.78 for payroll, $9,344.75 for hand-written checks, and $368,797.90 for city claims. Councilor Rundle seconded. Councilor Rundle mentioned the $50,000 claim for the Carmel Police Department's firearms training simulator. He mentioned the monies for the this came entirely from grants not taxpayer dollars. All members voted AYE. The claims were accepted. Committee Special Reports: Councilor Miller noted that Councilor Battreall would serve as the Council's appointment to the Cable TV Committee and the Councilor Rundle would serve on the Solid Waste Committee. There was no old business to be heard. Public Hearings: The Mayor asked that Ordinance D-1204-96 not be moved as he was not satisfied with it. Councilor Carter moved to introduce Ordinance D-1205-96, for an additional appropriation from the general fund for drug testing, and open the public hearing. Councilor Walker seconded. The Mayor explained that the federal government has mandated local governments to hold random drug tests for individuals with a commercial drivers license (CDL). The mandate does not apply to public safety employees. In discussions with city department heads, it was agreed to include public safety employees. It was also agreed that random testing would be completed over a number of years to include all city employees. The department heads would also receiving training to identify employees with drug and/or alcohol problems. The city must test all CDL holders this year. The costs to test other employees will be an additional $11,000 to $14,000 each year, over and above the additional appropriation of $25,000 requested in this ordinance. Councilor Carter asks that the ordinance be read. The Mayor read the ordinance. The public hearing was opened and closed at 7:12 p.m. Councilor Kirby hesitated to move beyond testing those with CDLs. Random testing of all employees brings a set of problems the city would become responsible for such as rehabilitation. The city would not be able to terminate employees either. He stated he was not certain if a city-wide testing program is a good idea and stated a baseline screen was not necessary. Councilor Walker said the city should demand a drug-free work place. He stated that if someone is found to be ~dirty" on two occasions then that be person should be terminated. Councilor Battreall disagrees with baseline testing but has no problem with city-wide random testing. The Mayor clarifies that the drug-testing is not a city- wide endeavor and that it focuses only on those employees with CDLs and public safety employees. Councilor Miller stated that random drug testing is a deterent to drug use. He also said that some companies may hire someone and then before they are placed in a job require a pre-placement drug test. Councilor Carter said that spending the additional $11,250 is worthwhile if it causes drug-using employees to leave the city. He said the money spent would more than make up for lost productivity and other potential loses. He stated a baseline screen was necessary in his opinion. He thinks Council should be tested, too. Councilor Rundle sees this as a safety issue but wonders about the privacy issue. He doesn't believe it is necessary to test the Council and thinks a pre-employment screening is ok. Councilor Kirby inquired how many employees hold CDLs. The Mayor responded 23 and noted that Barbara Lan~b, Human Resources Director, could answer questions in detail. As there was no motion to suspend the rules and act on D- 1205-96, the second reading will take place during the Monday, May 6 meeting. Councilor Miller moved to introduce Ordinance D-1206-96 to amend the door-to-door ordinance. Councilor Carter seconded. Councilor Battreall moved to waive the reading. There was no second. The Mayor read the ordinance in its entirety. Essentially, all solicitors are required to apply for a permit and supply bond. Local schools are the only exemptions. Not-for-profits, per this ordinance, would not be required to have licenses or establish bond. Councilor Snyder moved to suspend the rules and act on the ordinance. Councilor Carter seconded. Councilors Carter, Miller, Battreall and Synder voted AYE. Councilors Kirby, Rundle and Walker voted NAY. The motion did not pass. The second reading will take place during the Monday, May 6 meeting. The public hearing opened at 7:42 p.m. Marvin Clingman asked for a copy of the ordinance which was provided. Mr. Clingman stated he was not in favor of the ordinance because of all the bureacratic nonsense of supplying a list of names of all of those who would be soliticiting in order to receive a permit. He did praise the extension of hours. Councilor Snyder responded there was a viable reason for asking for the names of those who will be soliciting and that it is a public safety issue. The Mayor closed the public hearing at 7:49 p.m. Councilor Miller concurred with Councilor Snyder about the public safety issues and concerns and states that he will be supportive of the ordinance. Councilor Rundle endorsed the comments of Councilor Snyder and Miller and agreed that government's foremost responsibility is public safety and that no hardship is placed on the entity requesting the permit. Councilor Battreall said it is necessary to have a law on the books. Councilor Kirby stated he had concerns about individuals canvassing the community without credentials. Clerk Treasurer Cordray shared a story about a woman who had contacted her six weeks ago. A man soliciting without a permit knocked on her door at 9 p.m. at night. The woman was terrified and wondered how this could happen. Councilors Rundle and Walker stated they did not support acting on the ordinance because Mr. Clingman asked for time to review the ordinance to make comments. Councilor Carter stated that the City Attorney advised him that this ordinance comes close to that of other communities. Councilor Kirby reiterated that identification is necessary. Councilor Rundle moved to introduce Ordinance D-1207-96 to amend the City Code section regarding the transfer of funds. Councilor Snyder seconded. All members vote AYE to introduce the ordinance. Councilor Walker moved to suspend the rules and act on the ordinance tonight. Councilor Rundle seconded. Councilor Battreall explains the ordinance would allow department heads and elected officials to transfer funds between line items within the four budget categories. Transfer between budget categories would still need to be approved by the Council. The Mayor opened and closed the public hearing at 8:02 p.m. Councilor Kirby offerred an amendment to limit the dollar amount of the transfer to $25,000. Councilor Battreall stated that he and the City Attorney had a discussion about that and determined it would be easy to get around a dollar amount. As there was no second, Councilor Kirby moved to adopt the ordinance as written. Councilor Battreall seconded. All members voted AYE. The ordinance passed. The Mayor excused himself from the meeting at 8:10 p.m. and turned the gavel over to Council President Miller. New Business: Councilor Walker moved to approve Resolution CC-04- 15-96-01 for the transfer of $700 within the Clerk Treasurer's budgeted funds. Councilor Kirby seconded. All members voted AYE. The resolution passed. Other: Councilor Miller read a memo from the City Attorney regarding the placement of primary election signs. Candidates for office can only place their signs on private property or at polling places. Secondly, real estate signs are in violation if they are placed over or on the right-of-way. Announcements: Councilor Rundle expressed his pleasure with the recent donation of 10 acres of land by Pro-Med Limited. The real estate is adjacent to Meadowlark Park. Councilor Rundle stated this information was in the most recent issue of the Carmel-Clay Parks newsletter. Councilor Walker moved to adjourn the meeting. Councilor Kirby seconded. Respectfully submitted, Attest: Approved,