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Home My WebLink AboutCCM-03-05-07 City of Cartnel Office of the Clerk. Treasurer COMMON COUNCIL MEETING AGENDA MONDAY, MARCH 5, 2007 - 6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEETING CALLED TO ORDER I. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS 4. APPROVAL OF MINUTES a. February [9,2007 Regular Meeting 5. RECOGNIT[ON OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 6. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS 7. ACTION ON MAYORAL VETOES 8. CLAIMS . Payroll . General Claims . Retirement 9. COMMITTEE REPORTS a. Finance, Administration and Rules Committee b. Land Use, Annexation and Economic Development Committee c. Parks, Recreation and Arts Committee d. Utilities, Transportation and Public Safety Committee ONE CIVIC SQUARE CARMEL. INIlIANA 46032 317/571-2414 10. OLD BUSINESS 11. PUBLIC HEARINGS a. First Readine of Ordinance Z-502-07; An Ordinance of the Common Council of the City of Carmel, Indiana, Change of Zoning Classification Rezoning of2.7 Acres of Real Estate at Northeast Comer of 98th Street and U.S. Highway 421 - Michigan Road From S-l/Residential to B-3/Business Zoning Classification (Midland Atlantic Properties); Sponsor: Councilor Mayo. 12. NEW BUSINESS a. First Readine of Ordinance D-1846-07; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing a Code of Ethics for Carmel Officers and Employees, Amending Chapter 2, Article 5, Adding Section 2-184 ofthe Carmel City Code: Sponsor(s): Councilor(s) Glaser and Rattermann. 13. OTHER BUSINESS 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 16. ADJOURNMENT OJ/05/1)7 CC i\kding Agenda 2 I COMMON COUNCIL MEETING MINUTES MONDAY, MARCH 5, 2007 - 6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard, Council President Joseph C. Griffiths, Council Members Richard L. Sharp, Kevin Kirby, Brian D. Mayo, Mark Rattermann, Fredrick J. Glaser, Clerk-Treasurer Diana L. Cordray and Deputy Clerk-Treasurer Lois Fine. Councilor Carter was not in attendance. Mayor Brainard called the meeting to order at 6:00 p.m. Pastor George Ferch, Bethlehem Lutheran Church, pronounced the Invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: o There were none. APPROVAL OF MINUTES: Councilor Mayo made a motion to approve the Minutes ofthe February 19,2007 Regular Meeting. Councilor Sharp seconded. There was no Council discussion. Council President Griffiths called for the question. The Minutes were approved 6-0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Ed Pipkin, 942 Auman Dr. w., Carmel, IN. Mr. Pipkin reminded citizens to vote in the upcoming election. He also discussed the CERT (Certified Emergency Response Team) Program. Eric Seidensticker, 612 Ash Dr., Carmel, 1N. Mr. Seidensticker suggested changes to Ordinance 0-1846-07 (Code of Ethics). COUNCIL. MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Councilor Sharp thanked Mr. Pipkin for reminding citizens to vote and also informed the citizens that they can log onto the Hamilton County voter registration web site. Councilor Sharp also endorsed the CERT program. I ACTION ON MAYORAL VETOES: I There were none. CLAIMS: Councilor Mayo made a motion to approve the claims in the amount of$2,391,222.06. Councilor Sharp seconded. There was no Council discussion. Council President Griffiths called for the question. Claims were approved 6-0. COMMITTEE REPORTS: Councilor Kirby reported that the Finance, Administration and Rules Committee had not met. Councilor Sharp reported that the Land Use, Annexation and Economic Development Committee had not met and that the next meeting scheduled for Thursday, March 8,2007 would be cancelled. Councilor Glaser reported that the Parks, Recreation and Arts Committee had not met. Councilor Mayo reported that the Utilities, Transportation and Public Safety Committee had not met. OLD BUSINESS I There was none. PUBLIC HEARINGS Council President Griffiths announced the First Readi"!! of Ordinance Z-502-07; An Ordinance of the Common Council of the City of Carmel, Indiana, Change of Zoning Classification Rezoning of2.7 Acres of Real Estate at Northeast Comer of 981h Street and U.S. Highway 421 - Michigan Road From S-llResidential to B-3/Business Zoning Classification (Midland Atlantic Properties). Councilor Mayo made a motion to move this item into business. Councilor Kirby seconded. Councilor Mayo referred to Paul Reis, Attorney, Bose McKinney & Evans, 301 Pennsylvania Parkway, Suite 300, Indianapolis, IN 46280, for a presentation to Council. Also present was Aaron Boyle of Midland Atlantic Properties. There was no Council discussion. Council President Griffiths opened the Public Hearing at 6:20 p.m. Seeing no one who wished to speak, Council President Griffiths closed the Public Hearing at 6:20:30 p.m. There was brief Council discussion. Councilor Mayo and Councilor Glaser referred to Mike Hollibaugh, Director, Department of Community Services, for clarification. Council President Griffiths referred Ordinance Z-502-07 to the Land Use, Annexation and Economic Development Committee for further review and consideration. NEW BUSINESS I Council President Griffiths announced the First Readi"!! of Ordinance 0-1846-07; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing a Code of Ethics for Carmel Officers and Employees, Amending Chapter 2, Article 5, Adding Section 2-184 of the Carmel City Code. Councilor Rattermann made a motion to move this item into business. Councilor Glaser seconded. Councilor 2 I I I Rattermann presented this item to Council. There was brief Council discussion. Councilor Kirby asked the city attorney to review this ordinance. Council President Griffiths referred Ordinance D-1846-07 to the Finance, Administration and Rules Committee for further review and consideration. OTHER BUSINESS There was none. ANNOUNCEMENTS There were none. EXECUTION OF DOCUMENTS ADJOURNMENT Mayor Brainard adjourned the meeting at 6:30 p.m. Respectfully submitted, Approved, fIN<- /~ fayor James Brainard ATTEST: ll3105!07 cc :-'k~ling Minutes 3 " TO: RE: FROM: DATE: CARMEL CITY COUNCIL OBSERVATIONS OF ORDINANCE D-1846-07 W. ERIC SEIDEN STICKER 3/5/2007 PaCle 6/ Line 24/ Part F: Lines beginning at 24... I believe your requiring a "Statement of Economic Interest" to be filed by the listed persons. however. I do not see that stated as such. ''The Board of Ethics shall require A STATEMENT OF ECONOMIC INTEREST TO BE FILED BY all officers and any employees, which includes: 1. . 2. 3. 4. ..WHO, as of December 31, of the previous year, MAINTAINS OR MIGHT REASONABLY MAINTAIN AN ECONOMIC INTEREST BE IT MATERIAL, PECUNIARY, OR OTHER WHICH MAY BE DEEMED A CONFLICT OF INTEREST BY A REASONABLE PERSON. PaCle 7 / Line 7 / #5 Lines beginning The Statement of Economic Interests... Perjury is not, to my knowledge, a penalty, but a criminal offense of making false statements under oath. In the event that "Perjury" is maintained in this phrase, I would ask you to state in writing as part of this ordinance, what the penalty for perjury specifically is. (or perhaps the legal statute to which the penalty shall come from). Perhaps in lieu of "of perjury" the phrase OF VIOLATING THIS ORDINANCE might work better as "Violation of this Ordinance" is referred to on Page 9/ Line 21 / Beginning: "A violation of this Ordinance.. ." PaCle 8/ Line 24/ BeClinninCllf the secretary determines.... Am I right that the Secretary of the BOE would make the first determination, Individually. as to the validity of a Charge? If so, what are the standards of measure which might tip the scales? Would you use similar scales equating to a misdemeanor or a felony? (preponderance v. shadow of doubt?) Would this give a single person the ability to be under pressure to "downplay" the reasonableness of a charge? I would like to see this include at least three BOE members in order to make such a determination. This would be consistent with maintaining an open-book presence regarding all official actions by the City of Carmel. PaCle 8/ Line24/ BeClinninCl: whether the Ordinance has been violated... From whom (where) will the "...provisions of law upon which the determination is based." be derived. Will this board have external legal counsel to guide them? (as the legal counsel from inside the city would clearly be a confiict of interest). Additional SUClClestion: I would encourage you to include a "cooling off' period or "grace" period in which the offender should not be permitted to pursue a position on any council, committee, commission, or adjunct there of. under the auspices of the City of Carmel. flTTAc1-J..1Y1 E Ni 1(,) ~c9 (.( 1"\ c.: / rn~. 3/:S-/07 '. Thank you Councilors Ratterman and Glaser for putting before the council this much needed ordinance. In light of the numerous current and past actions against City Officials and Managers, this Ordinance puts Carmel at the top of the list that says: We are open, honest, and want to assure our constituents that we have no secrets that we are hiding from the people. This will permit the Council to focus solely on what is best for the future of the People and the City of Carmel. Respectfully Submitted, W. Eric Seidensticker 612 Ash Drive Carmel, IN 46032 41/RCf!-fJ1fi7Vi I (~) C&U NefL m ttr- 0/b"/D7