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HomeMy WebLinkAboutCCM-04-15-02 Cityof Carmel COMMON COUNCIL MEETING AGENDA MONDAY, APRIL 15, 2002 -7:00 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER 1. INVOCATION 2. PLEDGE OF ALLEGIANCE RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS APPROVAL OF MINUTES a. April 1, 2002 - Regular Meeting RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS ACTION ON MAYORAL VETOES CLAIMS · Payroll · General Claims · Retirement COMMITTEE REPORTS Administration Committee Annexation and Land Use Committee Economic Development Committee Finance Committee Parks and Recreation Committee Public Safety Committee Rules Committee Utilities and Transportation Committee ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400 CITY OF CARMEL COMMON COUNCIL MEETING MINUTES MONDAY, APRIL 15, 2002 - 7:00 P.M. COUNCIL CHAM~ERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Council President Wayne Wilson; Council Members Kevin Kirby, John Koven, Bob Bat~reall, Norm Rundle, Luci Snyder and Ron Carter; Clerk-Treasurer Diana Cordray and Deputy Clerk-Treasurer Carrie Gallagher. Mayor Brainard was absent. Council President Wilson called the meeting to order at 7:02 p.m. Council President Wilson pronounced the Invocation. Council President Wilson led the Pledge o£ Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: APPROVAL OF MINUTES: Councilor Rundle moved to approve the Minutes of the April 1, 2002 Regular Meeting. Councilor Snyder seconded. The Minutes were approved 6-0. Councilor Battreall abstained since he was not present at that meeting. RECOGNITION OF PERSONS WHO WISH TO ADDRESS Tm; COUNCIL: James Henry of 12440 Medalist Parkway, addressed Council in favor of the Speed Hump Ordinance. Ronald Smith of 974 Hawthorne Drive, addressed Council with concerns for the Parks Joinder. Pierre Twer of 3173 Smoke Ridge Lane, spoke in opposition of the Parks Joinder dissolution and expressed concerns as to proposed annexation and the Parks Joinder. Tim Bruhn of 11633 Fairgreen Dr/ye, addressed Council with concerns for the Parks Joinder. Jim Rosensteele of 3032 Rollshore Court, Carmel/Clay Parks Board President, addressed Council in opposition of the Parks Joinder dissolution. Jim Dillon of 507 Cornwall Court, spoke in opposition of the Parks Joinder dissolution and expressed concerns as to proposed annexation. Kate Weese, Carmel City Engineer, explained Agenda Item 12c, the Speed Hump Ordinance to Council. Bill Wendling of Campbell K¥1e Proffitt, addressed Council with concerns for Agenda Item 1 lc, the South Monon Trail Area proposed annexation, on behalf of his clients, Orchard Park and College Meadows. COUNCIL~ MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Councilor Carter responded to concerns expressed by Mr. Wendling concerning the annexation process and the possibilities for both Orchard Park and College Meadows. CLAIMS: Councilor Snyder moved to approve claims in the amounts of $44,455.36, $272,200.16, $%096.06 and $352,036.69. Councilor Rundlc seconded. Claims were approved 7-0. COMMITTEE REPORTS: Councilor Rundle stated that the Administration Committee has not met. The next regular meeting of the Administration Committee is scheduled for May 10, 2002, at 8:00 a.m. in the Caucus Room. Councilor Wilson reported that the Annexation and Land Use Committee met on April 11, 2002, to continue discussion for present and future proposed annexations. The next regular meeting of the Committee is scheduled for May 9, 2002, at 7:00 p.m. in the Caucus Room. Councilor Snyder stated that the Economic Development Committee was scheduled to meet on this evening; however, the meeting was canceled. The next regular meeting of the Committee is scheduled for May 20, __ 2002, at 6:00 p.m. in the Caucus Room. Council President Wilson stated that the Finance Committee has not met. The next regular meeting of the Committee is scheduled for May 6, 2002, at 4:00 p.m. in the Clerk-Treasurer*s Office. Councilor Carter reported that the Parks and Recreation Committee met to continue discussion regarding the Parks Joinder. The next regular meeting of the Committee is scheduled for May 6, 2002, at 6:00 p.m. in the Caucus Room. Councilor Battreall stated that the Public Safety Committee has not met. The next regular meeting of the Committee is scheduled for May 6, 2002, at 10:00 a.m. in the Caucus Room. Councilor Koven stated that the Rules Committee has not met. The next regular meeting of the Committee is scheduled for April 26, 2002, at 8:00 a.m. in the Council's office. Councilor Kirby reported that the Utilities and Transportation Committee met on April 12, 2002, regarding the Hamilton Western Utility Purchase Agreement Ordinance, which is sent to Council with a unanimous approval by the Committee. There was also discussion concerning future bond issues for the Street Department Facility. The next regular meeting of the Committee is scheduled for May 10, 2002, at 8:00 a.m. in the Caucus Room. 2 OLD BUSINESS: Council Presidem Wilson announced the Second Reading of Ordinance No. D-1554-02; An Ordinance of thc Common Council of the City of Carmel, Indiana, Approving the Purchase Agreeman~ By and Between the City of Carmel, Indiana, and Hamilton Western Utilities, Inc. Councilor Snyder presemed this matter te Council. Councilor Koven recommended and questioned a possible amendment to the language. Sue Beesley, City Council Attorncy~ responded and advised that she will review the document and offer a legal opinion thereafter. Councilor Snyder moved to table the matter for additional discussion later in thc meeting. Councilor Kovcn seconded. Ordinance No. D-1554-02 was tabled. Council President Wilson announced the Second Reading of Ordinance No. D-1560-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Concerning Parks and Recreation (Dissolution). Councilor Rundle presented this matter to Council. There was extensive Council discussion. Councilor Carter moved to table the matter. Councilor Battreall seconded. Then, Councilor Snyder made a motion to remove the matter from the table. Councilor Koven seconded. That motion was approved by a vote of 5-2. Councilors t~attreall and Carter voted in thc opposition. Brief discussion continued. Councilor Car~er voted to table the matter once again. Councilor Battreall seconded. Councilor Kirby then moved to bring the matter back from the table and Councilor Snyder seconded that motion. Council discussion cominucd and Council President Wilson then called for a final vote on the matter. Ordinance No. D-1560-02 was approved by a vote of 5-2. Councilors Battreall and Carter voted in the opposition. PUBLIC HEARINGS: Council President Wilson announced the First Reading of Annexation Ordinance No. C-21 !; An Ordinance of the Common Council of the City of Carmel, Indiana, Annexing Certain Territory to the City o£ Carmel, Indiana, Placing the Same Within the Corporation Boundaries Thereof and Making the Same a Part of the City of Carmel (I~465 to 96th Street). Councilor Koven moved to introduce this item into business. Councilor Snyder seconded. Councilor Koven provided a brief description of the matter. Mike Shaver of Wabash Scientific presented the details to Council. Council President Wilson opened the matter for Public Hearing at 8:42 p.m. Seeing no one who wished to speak, Council President Wilson closed the Public Hearing at 8:43 p.m. There was no Council discussion. Ordinance No. C-21! will return to Council upon the expiration of 30 days. Council President Wilson announced the First Reading of Annexation Ordinance No. C-213; An Ordinance of the Common Council of thc City of Carmel, Indiana, Annexing Certain Territory to the City of Carmel, Indiana, Placing the Same Within thc Corporation Boundaries Thereof and Making the Same a Part of the City o£ Carmel (116th and Guilford Street). Councilor Snyder moved to introduce this item into business. Councilor Koven seconded. Councilor Koven provided a brief description of thc ma~er. Mike Shaver of Wabash Sciemific presented the details to Council. Council President Wilson opened the matter for Public Hearing at 8:55 p.m. The following persons addressed Council: Paul Arbouw of 1536 Glen Manor Court, questioned thc City's future intentions for property just outside of the considered annexation area; 3 Sally Bratton of Donnybrook Neighborhood Association, expressed concerns as to why her . neighborhood was not included in the proposed annexation and advised of her favor for a future annexation; Joseph Seltendght of 1210 South Guilford, had several questions concerning property plans, lane widening, streetlights, etc. William Thompson, a resident of Orchard Park~ questioned the treatment of Parks in the annexation process; Seeing no one else who wished to speak, Council President Wilson closed the Public Heating at 9:02 p.m. John Duffy, Director of the Department of Utilities, Kate Weese, Carmel City Engineer, and several Councilors responded to the specific questions and concerns. There was brief discussion. Ordinance No. C- 213 will return to Council upon the expiration of 30 days. Council President Wilson asked Sue Beesley, City Council Attorney, to explain the timeline of the annexation process to the community. There was additional comment concerning this process by Councilors. Council President Wilson announced the First Reading of Annexation Ordinance No. C-215; An Ordinance of the Common Council of the City of Carmel, Indiana, Annexing Certain Territory to the City of Carmel, Indiana, Placing the Same Within the Corporation Boundaries Thereof and Making the Same a Part of the -- City of Carmel (South Morion Trail Area). Councilor Koven moved to introduce this item into business. Councilor Snyder seconded. Councilor Koven provided a brief description of the matter. Mike Shaver of Wabash Scientific presented the details to Council. Council President Wilson opened the matter for Public Hearing at 9:17 p.m. The following persons addressed Council: Judy Singleton of 7820 Holly Creek Lane, on behalf of her mother, Vera Henshaw, read aloud a letter in opposition of the proposed annexation, a copy of which is made an attachment to the original Minutes of this meeting; Michelle Truex of 1555 East 101st Street, expressed her favor of the proposed annexation; Alfred Clark of 1023 Birnam Woods Trails, questioned the exclusion of College Meadows; Matthew Milan of 1443 Orchard Park North Drive, expressed questions and concerns; William Thompson, a resident of Orchard Park, questioned the contiguity of his neighborhood in the proposed annexation and suggested that Council consider tabling this matter; Seeing no one else who wished to speak, Council President Wilson closed the Public Heating at 9:33 p.m. Council President Wilson and Councilor Koven responded to the specific questions and concerns of the speakers. There was brief discussion. Ordinance No. C-215 will return to Council upon the expiration of 30 days. 4 Council President Wilson announced the First Reading of Annexation Ordinance No. C-216; An Ordinance of the Common Council of the City of Carmel, Indiana, Annexing Certain Territory to the City of Carmel, Indiana, Placing the Same Within the Corporation Boundaries Thereof and Making the Same a Part of the City of Carmel (96th Street and White River). Councilor Koven moved to introduce this item into business. Councilor Snyder seconded. Councilor Koven provided a brief description of the matter. Mike Shaver of Wabash Scientific presented the details to Council. Council President Wilson opened the matter for Public Hearing at 9:41 p.m. The following persons addressed Council: Steven Gibbs of 11506 River Drive West, spoke in opposition of the proposed annexation; Carolyn DeLong of 11516 River Drive East, also spoke in opposition of the proposed annexation and expressed several concerns with regard to streets, sewers, water, etc. Seeing no one else who wished to speak, Council President Wilson closed the Public Heating at 9:45 p.m. Mr. Shaver and Mr. Duffy both responded to the concerns expressed by both speakers. There was brief Council discussion. Ordinance No. C-216 will return to Council upon the expiration of 30 days. Council President Wilson called a recess at 9:50p. m. Council President Wilson re-adjourned the meeting at l O:OO p. m. Council President Wilson announced the First Reading of Ordinance No. Z-378-02; An Ordinance of the Common Council of the City of Carmel, Indiana, to Amend the Permitted Uses and Special Uses in the P- 1/Parks and recreation District. Council President Wilson passed the gavel to Councilor Rundle and presented this matter to Council. Upon return of the gavel, Council President Wilson then opened the matter for Public Hearing at 10:02 p.m. Seeing no one who wished to speak, the Public Heating was closed at 10:02 p.m. There was briefCounciI discussion. Council Wilson recalled that the matter was not properly introduced into business; therefore, Councilor Carter moved to introduce this item into business. Councilor Koven seconded. Councilor Snyder then moved to suspend the rules sending this matter to Committee and act on this item tonight. Councilor Koven seconded the motion. The motion to suspend the rules was approved by a vote of 7-0. Ordinance No. Z-378-02 was approved 7-0. Council President Wilson announced the First Reading of Ordinance No. Z-379-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification (Establishing the Old Town Overlay District Classification). Councilor Kirby moved to introduce this item into business. Councilor Snyder seconded. Council President Wilson again passed the gavel and presented this matter to Council. Upon return of the gavel, Council President Wilson opened the matter for Public Heating at 10:07 p.m. Seeing no one who wished to speak, Council President Wilson closed the Public Heating at 10:07 p.m. There was Council discussion. Councilor Battreall moved to suspend the rules sending this matter to Committee act on this item tonight. Councilor Snyder seconded the motion. The motion to suspend the rules was approved by a vote of 7-0. Ordinance No. Z-379-02 was approved 7-0. 5 Council President Wilson announced the First Reading of Ordinance No. Z-380-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Rezoning District Classification (Establishing the Home Place Overlay District Classification). Councilor Snyder moved to introduce this item into business. Councilor Rundle seconded. Council President Wilson passed the gavel to Councilor Rundle and presented this matter to Council. Upon return of the gavel, Council President Wilson opened the matter for Public Hearing at 10:22 p.m. Seeing no one who wished to speak, the Public Hearing was closed at 10:22 p.m. There was no Council discussion. Councilor Kirby moved to suspend the rules sending this matter to Committee and act on this item tonight. Councilor Battreall seconded the motion. The motion to suspend the rules was approved by a vote of 7-0. Ordinance No. Z-380-02 was approved 7-0. At this time, Council President D~ilson returned to Agenda Item l Oa, the Second Reading of Ordinance No. D-1554-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving the Purchase Agreement By and Between the City of Carmel, Indiana, and Hamilton ~Vestern Utilities, Inc, which was tabled at that point in the meeting. Councilor Koven moved to return Ordinance No. D-1554-02 to the table. Councilor Snyder seconded. Councilor Koven moved to amend the first and second sentence of Section 2 on Page One of the Ordinance to read: "Each of the Mayor, the Council President and the Clerk- Treasurer, and any other previously, legally authorized officer, employee or agent... ", deleting the words, any member of the Common Council, from the first sentence. Councilor Snyder seconded the motion to -- amend. The amendment was approved by a vote of 7-O. Ordinance No. D-1554-02 was approved 7-0. NEW BUSINESS: Council President Wilson announced the First Reading of Ordinance No. D-1564-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing Certain Stop and Yield Intersections. Councilor Kirby moved to introduce this item into business and presented this matter to Council. Councilor Snyder seconded. There was no Council discussion. Councilor Kirby moved to suspend the rules sending this matter to Committee and act on this item tonight. Councilor Battreall seconded. The motion to suspend was approved by a vote of 7-0. Ordinance No. D-1564-02 was approved 7-0. Council President Wilson announced the First Reading of Ordinance No. D-1565-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 3, Sections 8-20 and 8-21 of the Carmel City Code (Street Names). Councilor Battreall moved to introduce this item into business. Councilor Carter seconded. Councilor Kirby presented this matter to Council. There was no discussion. Councilor Kirby moved to suspend the rules sending this matter to Committee and act on this item tonight. Councilor Battreall seconded the motion. The motion to suspend the rules was approved by a vote of 7-0. Ordinance No. D-1565-02 was approved 7-0. 6 Council President Wilson announced the First Reading of Ordinance No. D-1566-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Creating and Adopting Chapter 8, Article 4, Section 8-39 of the Carmel City Code (Authorized Speed Hump Locations). Councilor Rundle moved to introduce this item into business. Councilor Carter seconded. Councilor Rundle presented this matter to Council. There was brief discussion. Councilor Rundle moved to suspend the rules sending this matter to Committee and act on this item tonight. Councilor Snyder seconded the motion. The motion to suspend the rules was approved by a vote of 5-2. Councilors Carter and Koven voted in the opposition. Ordinance No. D-1566- 02 was defeated with a vote of 3-4. Councilors Battreall, Carter, Kirby and Koven all voted in the opposition. Council President Wilson announced the First Reading of Ordinance No. D-1567-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Concerning the Construction of Additions and Improvements to the Waterworks of the City of Carmel, Indiana; Authorizing the Issuance of Revenue Bonds for Such Purpose; Addressing Other Matters Connected Therewith, and Repealing Ordinances Inconsistent Herewith. Councilor Snyder moved to introduce this item into business. Council President Wilson seconded, then withdrew his motion as he was acting as Council President. Councilor Kirby seconded the motion to introduce. Councilor Snyder then presented this matter to Council and recommended that this item be sent to the Finance Committee for additional consideration since it has already been discussed in the Utilities and Transportation Committee. Council President Wilson advised that a special meeting of the Finance Committee will be scheduled with John Duffy, Director of the Department of Utilities, so that a formal presentation may be presented to all Councilors. Council President Wilson referred Ordinance No. D-1567-02 to the Finance Committee. Council President Wilson announced the First Reading of Ordinance No. D-1568-02; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 9, Article 3, Division V, Section 9-166 of the Carmel City Code (Residential Users of Sewer Service - Sprinkling Rate). Councilor Koven moved to introduce this item into business. Councilor Battreall seconded. Councilor Koven presented this matter to Council. There was brief discussion. Councilor Battreall moved to amend the original Ordinance by considering a fully amended Ordinance in its place. Councilor Koven seconded. The motion to consider Ordinance No. D-1568-02, As Amended, was approved by a vote of 7-0. Councilor Koven presented the details of the amended document. There was no Council discussion. Council President Wilson referred Ordinance No. D-1568-02 to the Utilities and Transportation for further review and consideration. Council President Wilson announced Resolution No. CC-04-15-02-01; A Resolution of the Common Council of the City of Carmel, Indiana, Approving Payment of Construction Costs for Hazel Dell and Pennsylvania Bond Project (Total of $124,875.50). Councilor Rundle moved to introduce this item into business. Councilor Koven seconded. Councilor Rundle presented this matter to Council. There was no discussion. Resolution No. CC-04-15-02-01 was approved 7-0. Council President Wilson announced Resolution No. CC-04-15-02-02; A Resolution of the Common Council of the City of Carmel, Indiana, to Authorize a Transfer of Funds By the Carmel/Clay Plan Commission/BZA ($7,550.00). Councilor Battreall moved to introduce this item into business. Councilor Carter seconded. Council President Wilson presented this matter to Council. There was no discussion. Resolution No. CC-04-15-02-02 was approved 7-0. 7 Council President Wilson announced Resolution No. CC-04-15-02-03; A Resolution of the Common Council of the City of Carmel, Indiana, to Authorize a Transfer of Funds By the Street Department ($24,750.00). Councilor Battreall moved to introduce this item into business. Councilor Snyder seconded. Councilor Koven presented this matter to Council. There was brief discussion. Councilor Battreall moved to amend the Resolution by deleting, in full, Paragraphs Six and Seven from the document. Councilor Rundle seconded the motion to amend. The amendment motion was defeated by a vote of 3-4. Councilors Kirby, Koven, Snyder and Wilson voted in the opposition; therefore, the Resolution remains as originally written. Councilor Koven then read the document, in its entirety, to the public. There was additional Council discussion. Resolution No. CC-04-15-02-03 was approved by a vote of 4-3. Councilors Battreall, Carter and Rundle voted in the opposition. Council President Wilson announced Resolution No. CC-04-15-02-04; A Resolution of the Common Council of the City of Carmel, Indiana, Adopting a Fiscal Plan for the Annexation of Property Contiguous to the City of Carmel, Indiana (C-210 - Mt. Carmel Area). Councilor Snyder moved to introduce this item into business. Councilor Koven seconded. Council President Wilson presented this matter to Council. There was no discussion. Resolution No. CC-04-15-02-04 was approved %0. OTHER BUSINESS: There was none. ANNOUNCEMENTS: There were none. ADJOURNMENT: Council President Wilson moved to adjourn pending the execution of documents. adjourned at 11:05 p.m. The meeting was ATTES/~ ~ ~ ClerkCrreasurer Diana L. Cord~,/IAMC 4:/5'02 CC M utes Clerk-Treasurer Diana L. C, Approved, ~y~or Je~aames Brainard IAMC 8 April 15, 2002 City of Carmel Carmel, 1N 46032 To Whomever This May Concern: In the proceedings and discussions regarding Annexation Ordinance No. C-215, I wish to vehemently state my opposition to annexation of my property located at 9800 Westfield Blvd. including my home and my land being used as a golf course under the name of Sunrise Golf Course. Also, let me be clear that I have never asked for my property to be annexed. This land, which was originally farmland, has been in my family since 1865. We have been served well all of that time without city interference until the City of Carmel took the Morion Trail. I wish for my property to maintain its current status and will oppose any effort to annex it. We already have adequate police and fire protection- with two fire stations nearby. We have sewers, and Westfield Boulevard is a county road and is well maintained by the County. I can't think of one thing annexation will provide me except HIGHER TAXES. And I don't know anyone who would agree to higher taxes for no improvement in services! At this point in time, my land is not contiguous to the annexing municipality. According to Indiana Code 36-4-3-15.5 this is reason enough for me to offer my complaint that the annexation of my land should not take place. I hope that the Mayor of Carmel, who was quoted in the Noblesville Ledger on February 15, 2002, as saying he is sticking to his promise to not force annexation on any area, will keep his promise to taxpayers in these proceedings. I am not interested in annexation. I hope that Councilwoman Luci Snyder, who was quoted in the Indianapolis Star on February 13 saying she would consider any opposition brought to her and that, "I do not want to bring in anything that doesn't want to be annexed," will keep her promise to taxpayers in these proceedings. I do not want to be aunexed. Sincgrely, , t. Landowner and Taxpayer Ckyof Carmel EXECUTIVE SESSION NOTICE CARMEL CITY COUNCIL MONDAY, MAY 6, 2002 - 6:00 P.M. MAYOR'S CONFERENCE ROOM THIRD FLOOR CITY HALL ONE CIVIC SQUARE NOTICE IS HEREBY GIVEN THAT THE CARMEL CITY COUNCIL WILL HAVE AN EXECUTIVE SESSION AT 6:00 P.M. ON MONDAY, MAY 6, 2002 1N THE MAYOR'S CONFERENCE ROOM, THIRD FLOOR, CITY HALL, ONE CIVIC SQUARE. THE PURPOSE OF THE MEETING IS TO DISCUSS A MATTER PURSUANT TO I.C. 5-14-1.5- 6.1 (b)(2)(B). ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400 CITY OF CARMEL COMMON COUNCIL EXECUTIVE SESSION MINUTES MONDAY, MAY 6, 2002 - 6:00 P.M. MAYOR'S CONFERENCE ROOM / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard; Council President Wayne Wilson; Councilors John Koven, Bob Battreall, Norm Rundle, Luci Snyder and Ron Carter. Clerk-Treasurer Diana Cordray was also in attendance as well as John Molitor and David Honig of Hall, Render, Killian, Heath & Lyman, both attorneys represent the City of Carmel. Councilor Kevin Kirby was absent. The meeting was called to order at 6:05 p.m. OTHER BUSINESS: Mr. Molitor reviewed the facts of the litigation of Leeper Electric Services v. City of Carmel, Indiana. Mr. Honig discussed the impact of a recent Supreme Court decision and its relevancy to this matter. ADJOURNMENT: The meeting was adjourned at 6:55 p.m. ATTEST: // Cle ray, IAMC Respectfully submitted, Clerk-Treasurer Diana L. Cordrav..~MC Approved, ~yor James Brainard