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HomeMy WebLinkAboutCCM-08-15-11Office of the Clerk Treasurer a. Payroll b. General Claims c. Retirement 9. COMMITTEE REPORTS City of C 1 rmel COMMON COUNCIL MEETING AGENDA MONDAY, AUGUST 15, 2011 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. August 1, 2011 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. 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 10. OLD BUSINESS a. Third Reading of Ordinance D- 2041 -11; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing the Acceptance of Carmel Fire Department Payments made by Credit Card by Adding Chapter 2, Article 5, Section 2 -184.4 (Payments By Credit Card To Carmel Fire Department For Ambulance Services) to the Carmel City Code; Sponsor(s): Councilor(s) Seidensticker and Snyder. Remains in the Finance, Administration and Rules Committee (8/18/11). b. Second Reading of Ordinance D- 2043 -11; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 3, Article 1, Division II, Section 3- 19(a), to the Carmel City Code; Sponsor: Councilor Seidensticker. 11. PUBLIC HEARINGS 12. NEW BUSINESS a. First Reading of Ordinance D- 2040 -1.1; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of the Carmel City Court for the Year 2012; Sponsor(s): Councilor(s) Seidensticker and Snyder. b. First Reading of Ordinance D- 2045 -11; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of the Clerk Treasurer, City of Carmel, Indiana, for the Year 2012; Sponsor(s): Councilor(s) Sharp and Snyder. c. First Reading of Ordinance D- 2046 -11; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of the City of Carmel, Indiana, for the Year 2012; Sponsor: Councilor Seidensticker. First Reading of Ordinance D- 2047 -01; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 5 By Adding a New Section Identified as §8 -50 (Handicapped Parking) to the Cannel City Code; Sponsor(s): Councilor(s) Seidensticker and Snyder. e. First Reading of Ordinance D- 2048 -11; An Ordinance of the Common Council of the City of Cannel, Indiana, Authorizing and Approving an Additional Appropriation of Funds ($1,810,480); Funding for the Appropriation is the Operating Balances of the Motor Vehicle Highway Fund ($1,737,180) and of the General Fund ($73,300); Sponsor: Councilor Seidensticker. 13. OTHER BUSINESS 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENTS 16. ADJOURNMENT Os/15/1 1 CC Meeting Agenda 2 1 1 1 COMMON COUNCIL MEETING MINUTES MONDAY, AUGUST 15, 2011 6:00 P.M. COUNCIL CHAMBERS /CITY HALL /ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard, Council President 1 .V. Eric Seidensticker, Council Members Richard L. Sharp, Luci Snyder, Ronald E. Carter, Kevin Rider, Clerk- Treasurer Diana L. Cordray and Deputy Clerk Treasurer Lois Fine. Councilors Accetturo and Griffiths were not in attendance. Council President Seidensticker called the meeting to order at 6:00 p.m. Pastor David Totman, Lighthouse Tabernacle, pronounced the Invocation. Council President Seidensticker led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: There were none. APPROVAL OF MINUTES: Councilor Sharp made a motion to approve minutes from the August 1, 2011 Regular Meeting. Councilor Snyder seconded. There was no Council d'.scussion. Council President Seidensticker called for the vote. Minutes were approved 6 -0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Dwight Lile, 10508 Connaught Drive, Carmel, IN, representing the Constitutional Patriots, addressed the Council regarding citizen's 4` amendment rights. COUNCIL, MAYORAL AND CLERK TREASURER COMMENTS /OBSERVATIONS: Councilor Sharp addressed the Council regarding the Carmel Repertory Theatre's production of "Hairspray." Councilor. Sharp also address -d the Council and reouested that Mayor Brainard honor two Carmel High School students, at a future C )uncil meeting. who -ere present at the Indiana State Fair, and assisted in the rescue during the grandstanc' stage collapse. Mayor Brainard addressed the Council. Councilor Snyder addressed the Council regarding the Hamilton County Humane Society. Councilor Snyder also discussed thP. Carmel Redevelopment Commission and the Steve Libman investigation. 1 1 ACTION ON MAYORAL VETOES: There were none. CLAIMS: COMMITTEE REPORTS: Councilors Rider and Sharp addressed the Council regarding citizens who the cross the Monon intersections without stopping. Traffic should not yield at those intersections. Councilor Snyder made a motion to approve claims in the amount of $2,548,084.11. Councilor Sharp seconded. There was brief Council discussion. Clerk Treasurer Diana L. Cordray addressed the Council. Councilor Snyder made a motion to table the claims to International Investigators in the amount of $8,189.05 for further information. Councilor Sharp seconded. There was no Council discussion. Council President Seidensticker called for the vote. Claims in the adjusted amount of $2,539,895.06 were approved 5 -0. Councilor Snyder reported that the Finance, Administration and Rules Committee had not met. The next meeting will be held on Thursday, August 8, 2011 at 5:30 p.m. Councilor Sharp reported that the Land Use, Annexation and Economic Development Committee had not met. Councilor Carter reported that the Parks, Recreation and Arts Committee had not met. Councilor Seidensticker reported that the Utilities, Transportation and Public Safety Committee had not met. OLD BUSINESS Council President Seidensticker announced the Third Reading of Ordinance D- 2041 -11; An Ordinance of the Common Council of the City of Can.:lel, Indiana, Authorizing the Acceptance of Carmel Fire Department Payments made by Credit Card by Adding Chapter 2, Article 5, Section 2 -184.4 (Payments By Credit Card To Carmel Fire Departnzer.t For Ambulance Services) to the Carmel City Code; Sponsor(s): Councilor(s) Seidensticker and Snyder. Remains in the Finance, Administration and Rules Committee (8/18/11). This item was not thscussed. Council President Seidensticker announced. the Second Reading of Ordinance D- 2043 -11; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 3, Article 1, Division II, Section 3- 19(a), to the Carmel City Code; Sponsor: Councilor Seidensticker. Councilor Sharp made a motion to remove this ordinance from the table. Councilor Rider seconded. There was brief Council discussion. Clerk Treasurer Diana L. Cordray addressed the Council. This item needs to be presented in the correct format to the Coun il. PUBLIC HEARINGS There were none. 2 1 1 NEW BUSINESS Council President Seidensticker announced the First Reading of Ordinance D- 2040 -11; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of the Carmel City Court for the Year 2012. Councilor Snyder made a motion to move this item into business. Councilor Rider seconded. Councilor Snyder presented this item to the Council. There was no Council discussion. Council President Seidensticker referred Ordinance D- 2040 -11 to the Finance, Administration and Rules Committee for further review and consideration. Council President Seidensticker announced the First Reading of Ordinance D- 2045 -11; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of the Clerk- Treasurer, City of Carmel, Indiana, for the Year 2012. Councilor Sharp made a motion to move this item into business. Councilor Rider seconded. Councilor Snyder presented this item to the Council. There was no Council discussion. Council President Seidensticker referred Ordinance D- 2045 -11 to the Finance, Administration and Rules Committee for further review and consideration. Council President Seidensticker announced the First Reading of Ordinance D- 2046 -11; An. Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of the City of Cannel, Indiana, for the Year 2012. Councilor Rider 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- 2046 -11 to the Finance, Administration and Rules Committee for further review and consideration. Council President Seidensticker announced the First Reading of Ordinance D- 2047 -01; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 5 By Adding a New Section Identified as §8 -50 (Handicapped Parking) to the Carmel City Code. Councilor Snyder made a motion to move this item into business. Councilor Rider seconded. Councilor Snyder presented this item to the Council. Mayor Brainard addressed the Council. There was brief Council discussion. Council President Seidensticker referred Ordinance D- 2047 -11 to the Utilities, Transportation and Public Safety Committee for further review and consideration. Council President Seidensticker announced the First Reading of Ordinance D- 2048 -11; An Ordinance of the Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds ($1,810,480); Funding for the Appropriation in the Operating Balances of the Motor Vehicle Highway Fund ($1, 737,180) and of the General Fund ($73,300). Councilor Sharp made a motion to move this item into business. Councilor Snyder seconded. Council President Seidensticker referred to Steve Engelking, Director of Administration, to present this item to the Council. Dave Huffinan, Street Commissioner, addressed he Council. Mike Hollibaugh, Director of the Department of Community Services, addressed the Council. Mayor Brainard addressed the Council. There was no Council discussion. Council President Seidensticker referred Ordinance D- 2048 -11 to the Finance, Administration and Rules Committee for fi.rther review and consideration, OTHER BUSINESS There was none. 3 1 1 1 ANNOUNCEMENTS Councilor Sharp addressed the Council regarding the inaugural run of "Hairspray Councilor Sharp also addressed the Council regarding prohibited overnight parking at private establishments and the relief for impaired drivers. Mayor Brainard addressed the Council. EXECUTION OF DOCUMENTS ADJOURNMENT Respectfully submitted, ATTEST: 08/15/1] CC, Meeting Minutes Diana L. Cordray, IAMC, Clerk -Treas er 6 icaeatc, Clerk Treasurer Diana L. Cordray, Approved, a 'es Brainard, Mayor 4 IAMC THE CONSTITUTIONAL PATRIOTS Carmel, Indiana August 15, 2011 To the City Council of Carmel, Indiana: THE RIGHT OF THE PEOPLE TO BE SECURE IN THEIR PERSONS, HOUSES, PAPERS, AND EFFECTS, AGAINST UNREASONABLE SEARCHES AND SEIZURES SHALL NOT BE VIOLATED but this right has been violated by Carmel. For ten years, Carmel has been clandestinely gathering information about its citizens through the agency of International Investigators, Inc., while ignoring its citizens 4th Amendment rights. The Constitutional Patriots consider this practice an assault on all citizens. It is a breach of trust that destroys the wholesome nature of our city. It destroys the peace and comfort of our homes and our lives. Every neighbor, every friend is potentially a witness for prosecution by the City. Therefore, The Constitutional Patriots implore our City government to cease this despicable practice. How can a citizen who has been harmed by this tool of terror ever regain confidence in living? The threat of exposure forever looms in the life of victims of secret surveillance. At the whim of a City employee, without due process of law as our Constitution requires, lives are ruined. Perhaps, even the Council itself has been the object of secret inquiry. This practice must stop! The 4th Amendment demands it. The Constitutional Patriots group does not purport to be attorneys, just citizens like you. However, we do assert claim to Constitutional protections, not as clever lawyers, but as the people for whom the Constitution was written and to whom the Constitution was given. As part of our call for Constitutional protection, we ask that invoices #23373 and #23382 in tonight's claims be denied payment until there is absolute clarity that no citizen's right to privacy has been violated. As a protection to Carmel's citizenry, the contractor should demonstrate that his services were completely legal. Carmel deserves this assurance. As a secondary consideration, there is some question as to whether the contract under which International Investigators, Inc. was engaged had legal standing in Tight of executive order JB- 2010 -3. Final consideration must include the genesis of the aforementioned facts. We must ask who is responsible for conducting an illegal search of a Carmel citizens life, and why. The order to pay for the investigation was approved by Mr. Haney's office. The request for payment was made by Mr. Haney's office. The redaction of the invoices was made by Mr. Haney's office. Trig H-/Y1 VT [I Carmel Council �c The Constitutional Patriots believe that there is a conflict of interest between Mr. Haney's service on the Board of The Center for The Performing Arts and his duties as Carmel City Attorney which may have precipitated his decisions. The Center is a financial dependent of the City. It imposes on the City for its continued existence with no hope of becoming self sustaining. However, the City has no need for the Center and no vital interest is served by the Center. Clearly, the interests of the two separate entities are different and conflicting. Assuredly, Mr. Haney will zealously defend his decisions, but however eloquent a defense he mounts, it cannot be impartial. Therefore, we ask the City Attorney to recuse himself in favor of an impartial Special Council charged with resolving Carmel's responsibility in the 4th Amendment violations, and its proper relationship to The Center for the Performing Arts. Our hope in all this, is that Carmel may acquit itself in such a way that our honor as a city of leaders may suffer as little degradation as possible. Respectfully Submitted, �il� l6s 4 Dwight Lile, Spokesman The Constitutional Patriots www .theconstitutionalpatriots.com ETA C ft�EN� I (2) a rtY1el 2,4 DtAnc■