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HomeMy WebLinkAboutCCM 01-02-96City of Carmel CiM~IEL CITY COUNCIL MEETING AGENDA JiedqUied~Y 2, 1996 -- 7:30 P.M. COUNCIL CIDd~BERS / ONE CIVIC SQUirE MEETING CALLED TO ORDER 1 Invocation 2 Pledge of Allegiance 3 Recognition of City Employees/Outstanding Citizens 4 Approval of Minutes 5 Recognition of Citizens Who Wish to Address the Council 6 Action on Mayoral Vetoes 7 Claims Committee Special Reports a) Mayoral Appointment - Request for Council Waiver of State Statute for MayoralAppointee to Chief of the Camel Police Department, Michael Fogarty. b) Newspaper Designations - Council to Designate Newspapers for Official Public Notices 9. Old Business 10. Public Hearings 11. New Business a) Special Meetings Announcement b) First Reading Ordinance D-1193-96/Department Name Change/Sponsored by Mayor Brainard c) First Reading Ordinance D-1194-96/Additional Appropriation/Sponsored by Mayor Brainard d) First Reading Ordinance D-1195-96/Salary Appropriation/ Sponsored by Mayor Brainard e) First Reading Ordinance D-1196-96/Amendment to Salary Ordinance/Sponsored by Clerk-Treasurer Diana Cordray f) First Reading Ordinance D-1197-96/Addition Appropriation for Clerk-Treasurer's office/Sponsored by Clerk-Treasurer Diana Cordray 12. Other Business a) Election of City Council President b) Election of Parliamentarian 13. Announcements 14. Adjournment ONECIV~SQUA~ CARMEL, INDIANA4~32 317~71-24~ Carmel City Council January 2, 1996 / 7:30 p.m. Council Chambers / City Hall / One Civic Square Members Present: Mayor Brainard; Councilors Kirby, Miller, Battreall, Rundle, Snyder, Carter and Walker; Clerk-Treasurer Cordray and Chief Deputy Vandegriff. The Carmel City Council meeting was called to order by Mayor Brainard who asked Councilor Miller to give the invocation followed by the Pledge of Allegiance. Mayor Brainard recognized and thanked the job of city street crews, utility workers and others to meet the needs of citizens during the storm. Mayor Brainard then asked for a motion to approve the last meeting's minutes (Dec. 18 and Dec. 29, 1995, respectively), noting that Councilor Snyder is the only returning Council member and all other Council members are new. As there were no minutes available, the minutes will be held for approval at the next meeting. Mayor Brainard then recognized Dick Frost, a Carmel resident, who asked that Council first reconsider a suggestion made in 1994 by Councilor Snyder to place an announcement on the answering machine as to whether or not Council meetings will be held. He asked that the next Council President consider this action. Second, Frost inquired if a parliamentarian and the adoption of Robert's Rules of Order is necessary to transact city business. Frost offered that perhaps Council should make its own rules regarding procedure. There were no Mayoral vetoes or claims. Mayor Brainard then requested Council's waiver of the State Statute requirement for his nominee for Chief of Police. Councilor Snyder inquired as to the placement of this agenda item. Resumes of nominee Michael Fogarty were passed out for Council to review. Fogarty summarized his career in law enforcement for Council members. He has been a police officer for 27 years holding a variety of positions including street officer, investigator, administrator and most recently IPD South District Commander. He noted he has resided in Camel for 23 years. Fogarty also described his willingness and desire to serve the community. Councilors Battreall and Snyder both commented on the high recommendations that had been expressed to them regarding Nominee Fogarty. Councilor Walker made a motion to approve Fogarty as Carmel Chief of Police which Battreall seconded. Mayor Brainard called for the question. All members voted AYE. Motion passed. Councilor Snyder then asked Chief Fogarty to return to the next meeting to be introduced to the community and he agreed to do so. Councilor Rundle questioned if the next meeting would be televised and Mayor Brainard noted that it would probably be but not at the regular time. Mayor Brainard announced a new state law effective January 1, 1996, requiring a designation of a newspaper for official public notices and that the Noblesville Daily Ledger had been selected as it met statutory requirements including a 50% paid circulation. Councilor Snyder suggested that Council members receive a subscription to be paid for by Council funds for home delivery. Mayor Brainard suggested the Council may wish to move item 12 on the agenda (election of Council President and Parliamentarian) to be addressed at this point. Mayor Brainard opened nominations for Council President. Councilor Walker nominated Councilor Snyder which Rundle seconded. Councilor Battreall nominated Councilor Miller which Carter seconded. Mayor Brainard asked for further nominations. Councilor Walker moved to close nominations which Rundle seconded. In favor for Snyder: Rundle, Snyder and Walker. In favor for Miller: Carter, Miller, Battreall and Kirby. Councilor Miller is elected Council President. Mayor Brainard opened the nominations for parliamentarian. Councilor Battreall nominated Councilor Snyder who declined the nomination. Mayor asked for other nominations. Councilor Carter nominated Councilor Kirby which President Miller seconded. Councilor Walker moved to close nominations for Parliamentarian which Councilor Rundle seconded. Councilor Kirby is elected Council Parliamentarian. Mayor Brainard called for special meetings of the Council to be held on Monday, January 8 and Tuesday, January 16, 1996, at 7 p.m. in Council Chambers. Councilor Rundle questioned as to whether the Mayor meant January 22 instead of January 16. Councilor Snyder asked if schedule for meetings would revert to first and third Mondays in February. Mayor replied yes and explained State Statute for first meeting and again emphasized 7 p.m. start time for first and third Monday meetings beginning with Monday, February 5 meeting. Councilor Walker questioned why meeting would be on January 16 instead of January 22, the predetermined date. Mayor cited January 15 is a federal holiday but stated meeting date is flexible and would agree to Council's wishes. Clerk- Treasurer Cordray recounts January 22 was selected due to length of time between meetings (January 16 and February 5). Councilor Kirby moved that the second Council meeting be held on January 22 which Councilor Walker seconded. All agreed. Motion passed. Upcoming Council meetings are scheduled for Monday, January 8 and Monday, January 22, 1996, at 7 p.m. in Council Chambers. Mayor Brainard then called Council's attention to the next item of business, Ordinance D-1193-96, sponsored by Mayor Brainard. The Mayor explained his desire to change the name of the Department of Community Development to the Department of Community Services. Mayor requested to open the public hearing for all ordinances (D- 1193-96, D-1194-96, D-1195-96, D-1196-96 and D-1197-96) and recommended the public hearing be carried over, in order to give Council a full opportunity to review and comment or pose questions before a vote is taken. Mayor officially opened the public hearing at 7:56 p.m. Councilor Snyder asked that if the public hearing is opened and continued to January 8, would the public be able to speak then if the hearing is not closed. Mayor requested a vote from Council to open the public hearing and for it to remain open until January 8. Council President Miller moved to open D-1193-96 and all other ordinances on the agenda for public hearing and to leave them all open until the January 8 meeting which Councilor Walker seconded. There being no further discussion, Mayor called for the question. All members voted AYE. Motion carried. Mayor Brainard called for members of the public to speak to D- 1193-96. No discussion. Mayor moved to D-1194-96, an additional appropriation ordinance, from the general fund for the Department of Law and the Department of Administration. Mayor then explained the rationale behind the ordinance, regarding the Department of Law, which would bring legal functions in-house to save money and improve access to legal counsel. For the Department of Administration, certain staff functions performed in several departments can best be performed on a central level, i.e. Personnel, Purchasing, Management Information Systems, Safety and Risk Management. The department would report directly to the Mayor and no department would report to the Department of Administration. Mayor asked for comment. Tom Kendall, a Carmel resident, asked if additional appropriations are needed to fund these departments and how could you fund a department that does not exist? Kendall then asked if Council would create those departments. Mayor replied that D-1195-96 would establish both departments. Mayor asked for further comment. Councilor Battreall questioned if D-1195-96 created only the Department of Law. Mayor clarified that it created both departments. Council President Miller inquired if it would be appropriate to have two separate ordinances, one to create the Department of Law and one for the Department of Administration. He explained his hesitation to combine the two in one ordinance as they would result in significant changes in administration of the City. He suggested they be divided so each can be judged on its individual merits at future meetings. Mayor believed proper procedure, since it had been advertised, was to amend from the floor if the procedure was acceptable. Miller moved to divide the ordinance into two individual ordinances to indicate job title, description of duties and salary so that they may be judged on their merits. Councilor Snyder seconded. Mayor asked for discussion. Snyder asked if all ordinances had been advertised in this form. Mayor said they had been assigned numbers and the appropriations advertised, but not the ordinances. Snyder questioned if the appropriation had been advertised and explained her understanding of that acceptable procedure that the Mayor should request of the Council a special appropriation to be advertised. At that point, Council gives its approval for the appropriation to be advertised. In this particular case, Snyder explained, the appropriations were advertised but Council was not asked. Council could not have been asked because they were not sworn in as the 1996 Council and Mayor. Mayor explained the question did come up and the State Board of Accounts was consulted and described the action as common procedure when there is a change of administration. Councilor Snyder again asked if this would be the procedure or if requests for additional appropriations would come to the Council first. Mayor stated that is a legal question which requires a legal opinion. The Mayor stated that per State Board of Accounts and the city attorney, the city is in compliance. Snyder requested Council read the code and stated that in the past, as the fiscal body,the Council was asked first. If this is a glitch because this is a new administration and there was a time constraint, that's one thing. However, if this is going to occur again, Council needs to discuss it, find out if it is legal, and determine if Council wants to do it this way. Mayor noted there is is still a motion to be voted on to break out the Department of Law and the Department of Administration. Council President Miller confirmed motion. Councilor Kirby suggested Council review ordinances and call Mayor with specific questions and work our problems at the next meeting. Miller reiterated his goal is to vote on each department on its own merits. Battreall agreed with this idea. Councilors Walker and Rundle sought clarification: D-1194-96 is for the additional appropriation and D-1195-96 is the salary ordinance and both need to be divided. Walker called the question. All members voted AYE. Motion carried. Mayor opened public hearing on D-1195-96 and asked for public comment. Recognized Tom Kendall who stated D-1195-96 is the funding for D-1194-96, the Department of Law and the Department of Administration, to move money from out-of-house to in-house so it is a transfer rather than an appropriation. Kendall noted that these ordinances asked for additional appropriation for departments which did not exist. He also noted that Mayor's ordinances asked for salaries for people in two departments which do not exist. Kendall suggested that this has been done backwards. He advised to create departments first, then fund them, then ask for additional appropriations. Mayor asked for further comments. Councilor Rundle noted that neither establishes departments in his view. Mayor assured Rundle that the ordinances do what they say they do and that he would be glad to point those sections out in the next meeting and referenced D-1195-96. Mayor opened public hearing on D-1196-96, to reclassify certain employees in the Clerk-Treasurer's office and to provide salaries for said employees. Councilor Snyder asked Clerk-Treasurer for explanation. Clerk-Treasurer Cordray stated reason for ordinance is reorganization of office and to correct omission in last year's budget where two of the employees on staff did not receive raises. These raises will bring these employees up to par with other city workers. Council President Miller requested job descriptions and organizational chart for the Mayor's new positions. Mayor expected to deliver items within two days. Mayor calls D-1197-96 open for public hearing to fund D-1196-96. Clerk-Treasurer Cordray announced a change in ordinance numbers to reflect year in which the ordinance is introduced which would allow for easier retrieval in the future. Mayor announced appointment of Acting Fire Chief Doug Callahan. Recognized Mr. Fleming who praised Mayor for his selection of Doug Callahan. Clerk-Treasurer Cordray noted tight time frame for next Council meeting scheduled for January 8 and asked Council if Friday availability allows enough time to review material for that meeting. Council verbally agreed and asked Cordray to call all and alert them information is available in lobby mailbox. Mayor Brainard called for motion to adjourn meeting. Council President Miller moved, Rundle seconded. All members voted AYE. Meeting adjourned. Attest: Respectfully submitted, Appro~ved~,~~