HomeMy WebLinkAboutCCM-11-16-09Office of the
Clerk- Treasurer
City of C
COMMON COUNCIL
MEETING AGENDA
MONDAY, NOVEMBER 16, 2009 6:00 P.M.
COUNCIL CHAMBERS /CITY HALL /ONE CIVIC SQUARE
MEETING CALLED TO ORDER
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS
4. APPROVAL OF MINUTES
a. November 2, 2009 Regular Meeting
5. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL
6. COUNCIL, MAYORAL AND CLERK TREASURER COMMENTS /OBSERVATIONS
7. ACTION ON MAYORAL VETOES
8. CLAIMS
a. Payroll
b. General Claims
c. Retirement
d. Detail of Wire Transfers for October, 2009
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, INDIANA 46032 317/571-2414
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10. OLD BUSINESS
a. Eighth Reading of Ordinance D- 1953 -09; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending Chapter 3, Article 1, Division II, Sections 3 -9(a)
(c), 3 -13, 3 -15 and 3 -19 of the Carmel City Code (3 -9 Regular and Special Meetings,
Emergency Sessions; 3 -13 President Pro Tempore; 3 -15 Clerk of the Council;
3 -19 Agenda /Additions to Agenda); Sponsor: Councilor Sharp. Remains in the Finance,
Administration and Rules Committee.
b. Fourth Reading of Ordinance D- 1961 -09; An Ordinance of the Common Council of the
City of Carmel, to Vacate a Portion of the Right -Of -Way of Lynne Drive and Catherine
Drive; Sponsor: Councilor Rider. Remains in the Land Use, Annexation and Economic
Development Committee.
c. Fourth Reading of Ordinance D- 1962 -09; An Ordinance of the Common Council of the
City of Carmel, Indiana, to Vacate a Portion of the Right -Of -Way of Lynne Drive, Sonna
Drive, Vivian Drive and Catherine Drive; Sponsor: Councilor Rider. Remains in the
Land Use, Annexation and Economic Development Committee.
d. Third Reading of Ordinance D- 1968 -09; An Ordinance of the Common Council of the
City of Cannel, Indiana, Amending Chapter 6, Article 5, Division VIII, Sections 6- 158(a)
and 6- 158(b)(7) (Noise Regulations) of the Cannel City Code; Sponsor(s): Councilor(s)
Sharp and Accetturo.
e. Third Reading of Ordinance D- 1969 -09; An Ordinance of the Common Council of the
City of Cannel, Indiana, Approving a Lease Between the City of Carmel Redevelopment
Authority and the City of Carmel Redevelopment Commission, Pledging County Option
Income Tax Revenues of the City to Pay Certain Obligations and taking other Actions
related thereto ($33,235,000); Sponsor: Councilor Snyder. Sent to the Finance,
Administration and Rules Committee.
f. Second Reading of Ordinance D- 1970 -09; An Ordinance of the Common Council of the
City of Carmel, Indiana, Fixing Salaries of Elected Officials of the City of Carmel,
Indiana, For The Year 2010; Sponsor(s): Councilor(s) Accetturo, Griffiths, Rider,
Seidensticker and Snyder. Sent to the Finance, Administration and Rules Committee.
g.
Second Reading of Ordinance D- 1972 -09; An Ordinance of the Common. Council of the
City of Carmel, Indiana, Adding Chapter 8, Article 5, Sections 8- 47(a)(39) and
8- 47(a)(40) (No Parking Areas) to the Carmel City Code; Sponsor: Councilor Sharp.
h. Fourth Reading of Ordinance Z- 532 -09; An Ordinance of the Common council of the
City of Carmel, Indiana, Rezoning the Apostolic Church Site at the SW Corner of Main
Street Old Meridian from the OM /SU to OM /MU; Sponsor: Councilor Carter.
Remains in the Land Use, Annexation and Economic Development Committee.
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11. PUBLIC HEARINGS
a. First Reading of Ordinance Z- 533 -09; An Ordinance of the Common Council of the
City of Cainlel, Indiana, Rezoning 3760 W. 96` Street and 9641 N. Augusta Drive from
the S- 1/Residence and B -7 /Business District Classifications to the B- 5/Business District
Classification; Sponsor: Councilor Rider.
b. First Reading of Ordinance Z- 534 -09; An Ordinance of the Common Council of the
City of Cannel, Indiana, Restated and Amended Ordinance to Establish an Impact Fee for
the Purpose of Planning and Financing Park and Recreational Infrastructure needed to
Serve New Residential Development; Sponsor: Councilor Rider.
c. Resolution CC- 11- 16- 09 -02; A Resolution of the Common Council of the City of
Carmel, Indiana, Approving an Amendment to the Cannel Clay Comprehensive Plan
Regarding the Zone Improvement Plan; Sponsor: Councilor Rider.
NOTE: Three (3) probable business items are expected to be added to the Council agenda
for November 16, 2009.
12. NEW BUSINESS
a. First Reading of Ordinance D- 1971 -09; An. Ordinance of the Common Council of the
City of Carmel, Indiana, Adding Chapter 2, Article 5, Section 2- 184.1, Change Orders or
Alterations of Specifications and Additional Services to the Carmel City Code;
Sponsor(s): Councilor(s) Accetturo, Seidensticker, Sharp and Snyder.
b. First Reading of Ordinance D-1973-09; An Ordinance of the Common Council of the
City of Cannel, Indiana, Amending Chapter 2, Article 3, Division II, Section 2 -53 (Leaves
of Absence) of the Carmel City Code; Sponsor(s): Councilor(s) Snyder and Rider.
c. First Reading of Ordinance D- 1974 -09; An Ordinance of the Common Council of the
City of Carmel, Indiana, Amending Chapter 2, Article 3, Division II, Sections 2 -39
(Definitions), 2 -40 (Compensation) and 2 -52 (Holidays) of the Carmel City Code;
Sponsor(s): Councilor(s) Snyder and Rider.
d. First Reading of Ordinance D- 1975 -09; An Ordinance of the Common Council of the
City of Cannel, Indiana, Amending Chapter 2, Article 3, Division II, Sections 2 -40
(Compensation), 2 -46 (Worker's Compensation), 2 -51 (Paid Time Off), 2 -52 (Holidays),
2 -54 (Military Leave), 2 -56 (July Duty), 2 -57 (Emergency Closure) and 2 -58 (Tuition) of
the Carmel City Code; Sponsor(s): Councilor(s) Snyder and Rider.
13. OTHER BUSINESS
City Council Appointment
Carmel Redevelopment Commission (one year term); One appointment.
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14. ANNOUNCEMENTS
15. EXECUTION OF DOCUMENTS
16. ADJOURNMENT
19 /16/09 CC Mccting Agenda
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COMMON COUNCIL
MEETING MINUTES
MONDAY, NOVEMBER 16, 2009 6:00 P.M.
COUNCIL CHAMBERS /CITY HALL /ONE CIVIC SQUARE
MEMBERS PRESENT:
Mayor James Brainard, Council President W. Eric Seidensticker, Council Members Richard L. Sharp,
John V. Accetturo, Luci Snyder, Joseph C. Griffiths, Ronald. E. Carter, Kevin Rider, Clerk- Treasurer
Diana L. Cordray and Deputy Clerk Treasurer Lois Fine.
Mayor Brainard called the meeting to order at 6:01 p.m.
Reverend David Totman, Lighthouse Tabernacle, pronounced the Invocation.
Mayor Brainard led the Pledge of Allegiance.
RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS:
Mayor Brainard presented a Good Samaritan award to 11 year old Noblesville resident Jack Rodman.
Jack's father was driving Jack to his sister's soccer game in Cannel when he passed out from the pain of a
kidney stone. Jack eventually removed the key to stop the car. Jack was upset but remained calm during
the entire ordeal, showing maturity beyond his years. Officer Robbins of the Carmel Police department
stated that he believed Jack's actions prevented a serious accident.
Council President Seidensticker informed the Council and citizens that the Hoosier Environmental
Council awarded Mayor Brainard with "Elected. Official of the Year" during their second Annual Green
Policy Forum on Saturday, November 14, 2009.
APPROVAL OF MINUTES:
Councilor Griffiths made a motion to approve the Minutes from the November 2, 2009 Regular Meeting.
Councilor Snyder seconded. There was no Council discussion. Council President Seidensticker called
for the vote. Minutes were approved 7 -0.
RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL:
The following individual addressed the Council in favor of the proposed SmartCode ordinance:
Joyce Axelson, 22 Lakeshore Court, Carmel, IN
The following individuals addressed the Council opposed to the proposed SmartCode ordinance:
Laura Corry
Tom Rumer representing the
Carmel Clay Historical Society
240 2 Avenue NE, Carmel, IN
148 Winona Drive, Carmel, IN
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Clete Kunce representing Friends
of Old Town,
Gary Doxtater
241 1 Avenue NE, Carmel, IN
3559 Kensington Place, Carmel, IN
COUNCIL, MAYORAL AND CLERK- TREASURER COMMENTS /OBSERVATIONS:
Councilor Snyder informed the Council that she had been appointed to the Board of the Hamilton County
Humane Society and urged citizens to adopt a pet.
Councilor Accetturo thanked Mayor Brainard for the written procedures from the Engineering
department. He also addressed the Council regarding add -on's to the Council agenda.
Councilor Griffiths informed the Council and citizens that the Carmel High School boy's Cross Country
team placed 4 in the State, the girl's Cross Country team placed 2 "d in the State, the Cannel High School
band placed 5 in the Nation and the football team recently won their sectional, regional and are on their
way to semi state.
Mayor Brainard addressed Mr. Kunce's comments regarding the SmartCode.
Councilor Sharp asked Mayor Brainard and the City Attorney for an update on the AT T U -verse issue.
Mayor Brainard stated that he thought the lawsuit would be resolved soon. Councilor Sharp also
informed the Council that this past weekend he joined employees of Sallie Mae in support of their jobs.
Councilor Carter addressed Mr. Sharp regarding AT T U- verse.
ACTION ON MAYORAL VETOES:
There were none
CLAIMS:
Councilor Griffiths made a motion to approve Claims in the amount of $2,1.05,983.04. Councilor Snyder
seconded. There was brief Council discussion. Council President Seidensticker called for the vote.
Claims were approved 7 -0.
Detail of Wire Transfers for October, 2009 ($2,800,451.85). Councilor Griffiths made a motion to
acknowledge wire transfers in the amount of $2,800,451.85. Councilor Snyder seconded. Council
President Seidensticker called for the vote. Wire transfers were acknowledged 7 -0.
COMMITTEE REPORTS:
Councilor Snyder reported that the Finance, Administration and Rules Committee had not met. The next
meeting will be held on Thursday, November 19, 2009 at 5:30 p.m.
Councilor Sharp reported that the Land Use, Annexation and Economic Development Committee had not
met. The next meeting will be held on Tuesday, November 24, 2009 at 5:30 p.m.
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Councilor Rider reported that the Parks, Recreation and Arts Committee met and discussed the joinder
agreement between the City and the Parks Department. The next meeting will be held on Tuesday,
November 17, 2009 at 2:00 p.m.
Councilor Griffiths reported that the Utilities, Transportation and Public Safety Committee met and
discussed Ordinance D- 1968 -09 and Ordinance D- 1972 -09 which were forwarded with a favorable
recommendation to the Council with proposed amendments. Councilor Griffiths will present the full
committee report when the items appear on the agenda.
OLD BUSINESS
Council President Seidensticker announced the Eighth Reading of Ordinance D- 1953 -09; An Ordinance
of the Common Council of the City of Cannel, Indiana, Amending Chapter 3, Article 1, Division II,
Sections 3 -9(a) (c), 3 -13, 3 -15 and 3 -19 of the Cannel City Code (3-9 Regular and Special Meetings,
Emergency Sessions; 3 -13 President Pro Tempore; 3 -15 Clerk of the Council; 3 -19 Agenda/
Additions to Agenda); Sponsor: Councilor Sharp. Remains in the Finance, Administration and Rules
Committee. This item was not discussed.
Council President Seidensticker announced the Fourth Reading of Ordinance D-1961-09; An Ordinance
of the Common Council of the City of Cannel, to Vacate a Portion of the Right -Of -Way of Lynne Drive
and Catherine Drive; Sponsor: Councilor Rider. Remains in the Land Use, Annexation and Economic
Development Committee. This item was not discussed.
Council President Seidensticker announced the Fourth Reading of Ordinance D- 1962 -09; An Ordinance
of the Common Council of the City of Carmel, Indiana, to Vacate a Portion of the Right -Of -Way of
Lynne Drive, Sonna Drive, Vivian Drive and Catherine Drive. Remains in the Land Use, Annexation and
Economic Development Committee. This item was not discussed.
Council. President Seidensticker announced the Third Reading of Ordinance D- 1968 -09; An Ordinance
of the Common Council of the City of Carmel, Indiana, Amending Chapter 6, Article 5, Division VIII,
Sections 6-158(a) and 6- 158(b)(7) (Noise Regulations) of the Cannel City Code. Councilor Griffiths
presented the Utilities, Transportation and Public Safety Committee report to the Council and referred to
City Attorney, Doug Haney, for clarification. Councilor Griffiths made a motion to move Ordinance
D- 1968 -09 As Amended VERSION A 11 -16 -09 into business for discussion. Councilor Sharp seconded.
There was brief Council discussion. Councilor Sharp made a motion to amend the amendment to remove
two hours after sunset and add 12:00 midnight on line 36. Councilor Snyder seconded. There was no
Council discussion. Council President Seidensticker called for the vote. The motion was approved 7 -0.
Clerk- Treasurer Diana L. Cordray addressed the Council. There was additional Council discussion.
Mayor Brainard addressed the Council. Council President Seidensticker called for the vote on the
amendment to the amendment. The motion was approved 7 -0. Council President Seidensticker called for
the question. Ordinance D- 1968 -09 As Amended VERSION A 11 -16 -09 was adopted 7 -0.
Council President Seidensticker announced the Third Reading of Ordinance D- 1.969 -09; An Ordinance
of the Common Council of the City of Carmel, Indiana, Approving a Lease Between the City of Carmel
Redevelopment Authority and the City of Cannel Redevelopment Commission, Pledging County Option
Income Tax Revenues of the City to Pay Certain Obligations and taking other Actions related thereto
($33,235,000); Sponsor: Councilor Snyder. Sent to the Finance, Administration and Rules Committee.
This item was not discussed.
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Council President Seidensticker announced the Second Reading of Ordinance D- 1970 -09; An
Ordinance of the Common Council of the City of Cannel, Indiana, Fixing Salaries of Elected Officials of
the City of Cannel, Indiana, For The Year 2010; Sponsor(s): Councilor(s) Accetturo, Griffiths, Rider,
Seidensticker and Snyder. Sent to the Finance, Administration and Rules Committee. This item was not
discussed.
Council President Seidensticker announced the Second Reading of Ordinance D- 1972 -09; An
Ordinance of the Common Council of the City of Carmel, Indiana, Adding Chapter 8, Article 5, Sections
8- 47(a)(39) and 8- 47(a)(40) (No Parking Areas) to the Carmel City Code. Councilor Griffiths presented
the Utilities, Transportation and Public Safety Committee report to the Council and made a motion to
move Ordinance D- 1972 -09 As Amended VERSION A 11 -16 -09 into business for discussion. There was
no Council discussion. Council President Seidensticker called for the vote. The motion was approved
7 -0. There was no Council discussion. Council President Seidensticker called for the question.
Ordinance D- 1972 -09 As Amended VERSION A 11 -16 -09 was adopted 7 -0.
Council President Seidensticker announced the Fourth Reading of Ordinance Z- 532 -09; An Ordinance
of the Common council of the City of Carmel, Indiana, Rezoning the Apostolic Church Site at the SW
Corner of Main Street Old Meridian from the OM /SU to OM /MU; Sponsor: Councilor Carter.
Remains in the Land Use, Annexation and Economic Development Committee. This item was not
discussed.
PUBLIC HEARINGS
Council President Seidensticker announced the First Reading of Ordinance Z- 533 -09; An Ordinance of
the Common Council of the City of Carmel, Indiana, Rezoning 3760 W. 96 Street and 9641 N. Augusta
Drive from the S -1 /Residence and B -7 /Business District Classifications to the B -5 /Business District
Classification. Councilor Rider made a motion to move this item into business. Councilor Griffiths
seconded. Councilor Rider referred to Mike Howard, Hamilton County Attorney, representing the
Hamilton County Highway Department and the landowners, Ray Arlene Stair, to present this item to
the Council. There was brief Council discussion. Council President Seidensticker opened the Public
Hearing at 7:37 p.m. Seeing no one who wished to speak, Council President Seidensticker closed the
Public Hearing at 7:37:30 p.m. There was no Council discussion. Council President Seidensticker
referred Ordinance Z- 533 -09 to the Land Use, Annexation and Economic Development Committee for
further review and consideration.
Council President Seidensticker aulounced the First Reading of Ordinance Z- 534 -09; An Ordinance of
the Common Council of the City of Carmel, Indiana, Restated and Amended Ordinance to Establish an.
Impact Fee for the Purpose of Planning and Financing Park and Recreational Infrastructure needed to
Serve New Residential Development. Councilor Rider made a motion to move this item into business.
Councilor Carter seconded. Councilor Rider referred to Mark Westermeier, Director of the Cannel Clay
Parks and Recreation Department, to present this item to the Council. There was brief Council
discussion. Council President Seidensticker opened the Public Hearing at 7:45 p.m. Seeing no one who
wished to speak, Council President Seidensticker closed the Public Hearing at 7:45:30 p.m. There was no
Council discussion. Council President Seidensticker referred Ordinance Z- 534 -09 to the Parks,
Recreation and Arts Committee for further review and consideration.
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Council President Seidensticker announced Resolution CC- 11- 16- 09 -02; A Resolution of the Common
Council of the City of Cannel, Indiana, Approving an Amendment to the Cannel Clay Comprehensive
Plan Regarding the Zone Improvement Plan. Councilor Griffiths made a motion to move this item into
business. Councilor Rider seconded. Councilor Rider referred to Mark Westenneier, Director of the
Carmel Clay Parks and Recreation Department, to present this item to the Council. There was no Council
discussion. Council President Seidensticker opened the Public Hearing at 7:49 p.m. Seeing no one who
wished to speak, Council President Seidensticker closed the Public Hearing at 7:49:30 p.m. There was no
Council discussion. Council President Seidensticker referred Resolution CC- 11- 16 -09 -02 to the Parks,
Recreation and Arts Committee for further review and consideration.
NEW BUSINESS
Council President Seidensticker announced the First Reading of Ordinance D- 1971 -09; An Ordinance
of the Common Council of the City of Carmel, Indiana, Adding Chapter 2, Article 5, Section 2- 184.1,
Change Orders or Alterations of Specifications and Additional Services to the Carmel City Code.
Councilor Griffiths made a motion to move this item into business. Councilor Sharp seconded.
Councilor Sharp presented this item to the Council. There was no Council discussion. Council President
Seidensticker referred Ordinance D- 1971 -09 to the Finance, Administration and Rules Committee for
further review and consideration.
Council President Seidensticker announced the First Reading of Ordinance D- 1973 -09; An Ordinance
of the Common Council of the City of Cannel, Indiana, Amending Chapter 2, Article 3, Division II,
Section 2 -53 (Leaves of Absence) of the Carmel City Code. Councilor Griffiths made a motion to move
this item into business. Councilor Rider seconded. Councilor Snyder presented this item to Council and
referred to Barb Lamb, Director of Human Resources, for clarification. There was brief Council
discussion. Council President Seidensticker referred Ordinance D- 1973 -09 to the Finance,
Administration and Rules Committee for further review and consideration.
Council President Seidensticker announced the First Reading of Ordinance D- 1974 -09; An Ordinance
of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3, Division II,
Sections 2 -39 (Definitions), 2 -40 (Compensation) and 2 -52 (Holidays) of the Carmel City Code.
Councilor Rider made a motion to move this item into business. Councilor Sharp seconded. Councilor
Snyder presented this item to Council and referred to Bob Higgins, Superintendent of Brookshire Golf
Course, for clarification. There was brief Council discussion. Barb Lamb, Director of Human Resources,
addressed the Council. Council President Seidensticker referred Ordinance D- 1974 -09 to the Finance,
Administration and Rules Committee for further review and consideration.
Council President Seidensticker announced the First Reading of Ordinance D- 1975 -09; An Ordinance
of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 3, Division II,
Sections 2 -40 (Compensation), 2 -46 (Worker's Compensation), 2 -51 (Paid Time Off), 2 -52 (Holidays),
2 -54 (Military Leave), 2 -56 (Jury Duty), 2 -57 (Emergency Closure) and 2 -58 (Tuition) of the Carmel City
Code. Councilor Rider made a motion to move this item into business. Councilor Sharp seconded.
Councilor Snyder presented this item to Council. There was brief Council discussion. Barb Lamb,
Director of Human Resources, addressed the Council. Council President Seidensticker referred
Ordinance D- 1975 -09 to the Finance, Administration and Rules Committee for further review and
consideration.
Councilor Sharp reviewed the rules for adding an Item to the Agenda (3 -19).
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Councilor Snyder made a motion to add -on to the agenda Resolution CC- 11- 16 -09- 01(10- Year Tax
Abatement Dealer Services). Councilor Sharp seconded. There was no Council discussion. Council
President Seidensticker called for the vote. The motion was approved 6 -1 (Councilor Accetturo opposed).
Councilor Rider made a motion to add -on to the agenda Ordinance Z- 535 -09 (SmartCode). Councilor
Sharp seconded. There was no Council discussion. Council President Seidensticker called for the vote.
The motion FAILED 5 -2 (Councilors Accetturo and Griffiths opposed). Unanimous vote required.
Councilor Rider made a motion to add -on to the agenda Ordinance Z- 536 -09 (SmartCode). Councilor
Carter seconded. There was no Council discussion. Council President Seidensticker called for the vote.
The motion FAILED 5 -2 (Councilors Accetturo and Griffiths opposed). Unanimous vote required.
Council President Seidensticker announced Resolution CC- 11- 16- 09 -01; A Resolution of the Common
Council of the City of Carmel, Indiana, Approving a Ten -Year (10) Personal Property Tax Abatement for
Dealer Services Corporation Located at 1320 City Center Drive, Suite 100, Carmel, Indiana 46032;
Sponsor(s): Councilor(s) Sharp, Carter and. Snyder. Councilor Griffiths made a motion to move this item
into business. Councilor Sharp seconded. Councilor Carter referred to Larry Gigerich, GINOVUS, to
present this item to Council. There was brief Council discussion. Council President Seidensticker opened
the Public Hearing at 8:15 p.m. Seeing no one who wished to speak, Council President Seidensticker
closed the Public Hearing at 8:15:30 p.m. There was no Council discussion. Council President
Seidensticker called for the vote. Resolution CC- 11- 16 -09 -01 was adopted 7 -0.
OTHER BUSINESS
ANNOUNCEMENTS
EXECUTION OF DOCUMENTS
ADJOURNMENT
Mayor Brainard adjourned the meeting at 8:20 p.m.
ATTEST:
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City Council Appointment
Carmel Redevelopment Commission (one year term); One appointment. Councilor Snyder
nominated Tom Crowley, partner with Gershman Brown Crowley. Councilor Rider seconded.
There was no Council discussion. Council President Seidensticker called for the vote. Mr.
Crowley was appointed to the Carmel Redevelopment. Commission by a vote of 7 -0.
erk Treasurer Di fa L. Cordray, IAMC
1/16/09 CC Meeting Minutes
Respectfully submitted,
1 erk- Treasur: i iana L. Cordray, IAMC
Approved,
M'or James Brainard
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