HomeMy WebLinkAboutBOT-09-09-75MINUTES OF THE
BOARD OF TRUST,S MEETING
September 9, 1975
The regular meeting of the Board of Trustees was ca&led to order at 7:30 p.m. by
President Willi~mMcFadden, who presided. All board members were present. Tow~n
Attorney and his associate, MIke Howard, were present also.
Trustee Hins~w moved to dispense with the readi~ of the minutes of the last regular
meeting and approve them as received, Trustee Beach seconded it and it passed uu~nimously.
Trustee Swift moved to approve cla&ms numbering 3888 t~ru ~303 totaling $68~,117.08,
Trustee Beach seconded it and it passed uUa~mously.
Individual Claims: President McFadden presented for approval claims ~30~ and ~05
totaling $6,750.00 to Pa~l G. Smith. Trustee Hinsh~w moved to approve the claims,
Trustee McFadden seconded it and it passed unanimously.
President McFadden presented a claim for approval in the amount of $100.00, re-imbu~si~
policem~u Beard for purchase of an off duty revolver from his clothing allowance.
Trustee McFadden moved to approve the claim, Trustee Hinshaw seconded it and a discussion
was held. Trustee Swift asked if the gun would remain the property of the Town. Trustee
Hinshaw stated - no - he felt like the clothi~ allowance was a fringe benefit and items
purchased from it should remain with the officer. Town Attorney stated it was his opinion
that statue #~8-615~ stating items p~rchased from the clothing allowance remained property
of the City, did not apply to Carmel until January 1, 1~y6. President McFadden called
for the vote - motion was defeated ~-~. Trustees Swift, Beach and Stevens voting nay.
Trustee Stevens stated he felt that if off duty side arms were required, it should be a
sepe~ate item in the budget a~d should not come out of the clothing allowance.
M~mtlton Count~ Law Enforcement Council: Trustee Swift read a letter from Police Chief,
Lee Dolen, listing the officers who have joined the P~milton County Law Enforcement
Council at a cost of $5.00 per member. Trustee Swift moved to re-imburse those individ-
uals for the cost of joining the council, Trustee Beach seconded it and it passed
un~uimously.
Public Hearing: Sewer Ordinances: President McFadden read proposed ordinance ~-26,
which had been read by title only at last board meeting. President McFadden then stated
that concluded the reading of the t~ree proposed sewer ordinances as follows:
0rdin~nce ~S-2~: "An ordinsnce fixing the schedule of sewer charges and surcharges to be
collected by the Town of Carmel, Indi~, from the owners of property served by the
sewage works of sa&d Tow~n, and other matters connected therewith".
Ordinance ~S-26: "An ordins~ce regulati~ the connection to and use of public and
private sewers and ~rsins, the installation and connection of building sewers, and the
discharge of waters and wastes into the sewerage system of the Tow~ of Carmel, Indiana,
providing penalties for violations thereof and other m~tters pertaining thereto".
Ordinance ~S-2~: "An ordinance authorizi~an industrial cost recovery system from
industrial users of the Town of Carmel's wastewater treatment facilities".
Trustee McFadden then read proposed ordinance ~S-29 entitled "An ordinance amending
ordinance S-27." Trustee Beach moved to approve the ~mendment, Trustee Swift seconded
it and it passed unanimously.
Trustee McFadden then read proposed ordinsnce #S-28, amending ordin~uce ~S-26. Trustee
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Swift moved to approve proposed amendment, and Trustee Stevens seconded it. Trustee
Hinshaw stated we s~re continually having additions adjoinin~ the tew~nbeingplotted
and bldg. permits issued. Trustee Hinshaw stated if we have a sewer which runs up
Gray Road ~nd the plot which is i~mediately east of Smokey Row Road, East of Gray
Road is ~nnexed, those people, according to this ordinance, will have to hook on to
that sewer. Town Eo~ineer stated yes that was correct. Trustee Hinshaw stated then
that the people pturchasing those lots would be individually assessed for connection
for that improvement rather than the developer. Trustee Hinshaw stated he would like
that made a part of the record so the people of the comm~mity s~re aware of wh~t can
happen to them. Motion passed unanimously.
President McFadden asked if anyone present would like to m~ke any comments or ask any
questions, no one did. Trustee Swift asked if the reduced overall revenue shown in
ordinance ~-25 resulting from the removal of the apartment meter sttrcharges w~sbeing
remedied elsewhere. Mr. McCullough, Fiscal Consultant, stated most of it h~d been
picked up by the cha~ges changed. The Board discussed their views on whether or not
they thought the $2.00 per unit surcharge should be removed. Mr. McCullough stated
he didn't feel EPA would approve the surcharge. President McFadden closed the public
hearing at 9:05 p.m. and moved to suspend the rules so final action could be taken
on the ordinances and amendments. Motion died for lack of second.
Wilfong: North Plant Expansion: President McFadden read letter from Clyde E. Williams
& Assoc. regarding the north plant expansion statin~ the plant expansion can be deemed
to h~ve been completed satisfactorily and after the meter installation is completed
testing the sewer upstream should be done in the presence of the Town E~ineer for
infiltration. If it passes the test, the project can be taken over by the Town subject
to the developer f~n~ishing a waiver of leins and subject to the developer paying the
Town in full for all monies owed for expenses incurred. President McFadden informed
Mr. Wilfong's representatives who were present, that he needed the date the meter will
be connected, waiver of leins, and re-imbursement to the Town from the developer for
engineering fees, and a guarantee there would be no bottlenecki~. Mr. Kuhns,
Attorney for Mr. Wilfong, stated the problem of defining the cost of the project needed
to be resolved. A discussion was then held regarding who was responsable for the
excess of $2~0,000.00 spent in construction of the project. President McFadden stated
Mr. Wilfongwould be put on the ~genda for the regular meeting September 23rd and
would hope to resolve that question then.
Indianapolis Water Co. Purchase: Trustee Swift moved to dismiss petition #3~110 before
the Public Service Com~ission of Indiana, Trustee Hinshaw seconded it and it passed
unanimously.
President McFadden recessed the meeting at
M~etingwas re-convened at 9:55 p.m.
Sewer 0rdin~uces: President McFadden stated he h~i been informed by Mr. McCullough
~hat the fuuds for the 96th Street wastewater project~rsbeingheld up by EPA until
theseordinances were passed s~ud he would recommend passage tonight. Mr. McCullough
stated they would not be effective until completion of the project, which would be
approximately June l, 1976, which would allow time for amendment if the Board wished.
Trustee Swift moved to suspend the r~les, Trustee Beach seconded it and it passed
unanimously. Trustee Beach moved to pass ordinance$~-2~, ~S-26, #S-27, ~S-28 and
~S-29, Trustee Swift seconded it and it passed unanimously. President McFadden then
read proposed Resolution#9975-1 as follows:
WHEREAS, the Board of Trustees of the Town of Carmel, Indiana has previously
adopted 0rdin~nces No. S-25, S-26 and S-27 providi~ for the collection of sewer
charges and surcharges from the owners of property served by the sewage works, the
connections to and use of public sewers and ~n Industrial Cost Recovery System; and
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WHEREAS, the Town of Carmel, at this time, knows of no industrial users whose
wastes exceed the limitations established in Ordinances S-25, S-26 and S-27, the Town
of Carmel will be sending out an Industrial Waste Questionnaire to industrial users and
will be conducting tests of individual industrial wastes;
NOW TH~.~EFORE BE IT RESOLVED BY THE BOARD OF TRI3ST~i~S OF '£'H~ TOWN OF CALOMEL,
INDI~_NA:
1. That prior to June 1, 1976, the Town of Carmel will complete the testi~
of wastes from industrial users and that any industrial users, whose wastes are found
to be in excess of limits established in 0rdinauces Nos. S-25, S-26 and S-27, shall be
made subject .to all the provisions of said ordinances particularly the Industrial Waste
Cost Recovery Ordinance No. 27.
2. That prior to June 1, 1976, the results of testing of industrial wastes shall
be filed with the office of Regional Administrator, Region V, Environmental Protection
Agency, Chicago, Illinois.
Trustee Swift moved to adopt Resolution #9975-1 as read, Trustee Hinshaw seconded it
and it passed unanimously.
Ground Storage Tank: Mr. Steve Uhrick, of Clyde E. Williams & Associates, stated he would
recommend the ground storage tank be located in the general area of the block of land
bounded by Ca~mel Drive on the North, Rangeline Read on the East, ~16th Street on the
South and the ~allroad on the west. A maximum of two acres would be needed. Trustee
Hinshaw moved to instruct Town Manager to ~mmediately explore tracts of land within the
boundaries stated for an available two acre tract of land for purchase, Trustee Swift
seconded it and it passed unanimously.
Keystone Sewer Problem: Mr. Steve Uhrick, of Clyde E. Williams & Associates, presented
a letter to the Board on their findings regarding the Keystone Interceptor flooding
problem. President McFadden read letter which moted that the weather did not lend itself
to the gatheri~ of necessary field information, to completely analyze the problem.
Further study was recommended. Board agreed by consensus to wait for more rain and have
Clyde E. Williams be more specific.
~6th St. Wastewater Plant Plaque: Mr. Steve Uhriek presented a des£gn for the aluminum
tablet to be installed at the 96th Street Wastewater Treatment Plant. President McFadden
instructed Mr~ Uh~ick to chaUge the wordin~ of "Sewage Plant" to~'Wastewater Treatment
Plant" and to addthe name of the Clerk-Treasurer to the list of officials. Mr. Uhrick
asked if one or two plaques were requested, President McFadden stated only one was
needed.
Cb~n.~e Order: River Ave. Interceptor: Upon the recommendation of Mr. Uhrid~, Utilities
M~ger mud Town Engineer, Trustee Stevens moved to approve change order #B-6 increasing
Eagle Valley contract $3,230.00, Trustee Hinshaw seconded it and it passed unanimously.
Wage Law:. Fire Department Personnel: President McFadden read note from Fire Chief
SwaiIs infommiD~ the Board about the suit filed by the National League of Cities before
the Supreme Court for a determination as to whether or not municipal firemen should be
included in the Federal Fair Labor Standard Act in regard to overtime practices. If the
Supreme Court rules against the National League of Cities, each municipal corporation
would have to pay overtime to all firemen and policemen who worked over 40 hours.
Clothin~ Allowance: Trustee Hinshaw inquired about the firemen clothing allowance
procedure. Fire Chief Swails stated the state law of Indiana does not m~ke any
provisions for a town to pay a clothiD~ allowance. It only covered cities, therefore
the clothing allowance checks were for re-imbursement - the Town purchasing the clothing
from the men. Inasmuch as the Carmel police operated as a metropolitan force, the
question was raised as to whether the cities statue would apply. Town Attorney to
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research and report back to Board.
0rdin~nce ~B-80: President McFadden read proposed ordinance #B-80, transferring funds
within the Plan, Court and Police budgets. Trustee Swift moved to adopt ordinance.
~B-80 as read, Trustee Stevens seconded it and it passed unanimously.
Resolution ~27~-2: President McFadden resd proposed resolution ~9975-2 as follows:
JOINT RESOLUTION OF T~.: CARMEL TOWN BOARD OF TRUS'I'~.'~.'S AND THE CARMEL TOWN PLAN
COMMISSION.
The Ordinance Revision Committee of the Carmel Town Plan Commission recommends and
so moves that:
The Carmel Town Board of Trustees and the Carmel Town Plan Commission mutually resolve
that:
The firm of Ha~land B~rtholomew and Associates of St. Louis, Missouri, with M~lcolm
C. Dl~mmond acti~ as planner-in-charge, be chosen as the best qualified planning
consultant firm to undertake the ordin~uce and m~p revision project for Cam~mel and
Clay Township, Indi~ua.
The 0rdin~uce Revision Committee of the Carmel Town Plan Commission proceed to draw
up a work program relating to the ordinance and map revision project for the Carmel
Town Board of Trustees with the firm of Harland B~rtholomew and Associates, pursuant to
terms of the bid tendered by the firm and applicable local, state and federal regulations.
The Carmel Town Board of Trustees and the Carmel Town Plan Commission do in no way,
through this document or through any further negotiations or documents, enter into any
sort of a contractual ~greement with the firm of Harland Bartholomew and Associates
coneerni~ the ordinance and map revision project.
Trustee Stevens moved to adopt Resolution ~9975-2 as read, Trustee Hinshaw seconded
it and it passed unanimously.
Computer Service Bills: Utilities Manager presented claims from the new computer Oe.~ho
is preparing the utility bills. Claims were for $2,075.64 as compared to approximately
$800.00 from the other company. Inasmuch as~e amounts h~d been quoted in writing,
Board agreed by consensus we had no other alterr~tive but to pay them.
TeS~i~ Equipment: Upon the request of Utilities Msz~ager, President McFadden moved to
authorize him to purchase the necessary testi~ equipment as required by ordinance,
from the most reliable source, Trustee Beach seconded it and it passed u~imously.
Samplers: At the recommendation of Utilities Manager, Trustee Hinshaw moved ~Qs
authorize purchase of necessary samplers for the North Plant.as required by the
State Board of Health, at a cost of $6,318.00, Trustee Stevens seconded it and it
passed unanimously. Trustee Beach stated he would like for Mr. Wilfong to know of
this expenditure.
Police Car: President McFadden moved to authorize the Police Chief to purchase a
1975 Chevrolet, trading in one of their merc~urys, at a cost of $3,700.00, Trustee
Beach seconded it and it passed unanimously.
Stop and Go Light: Carmel Drive: President McFadden stated that numerous complaints
were still coming in reg~rdi~ the need for a signal light at Carmel Drive and
P~ngeline Road. Town Engineer stated the appro~m~te cost would be $18,000.00.
Money was in the budget to pay for it. President McFadden moved to authorize Town
Engineer proceed ~mmediately with the letting of bids for purchase an~ installation
of signal light at Carmel Dr. and Pu~ugeline Road, Trustee Stevens seconded it and it
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passed unanimously. Trustee Swift stated Tow~ M~m~ger should m~ke contact with
the property owners of developments ~e~rthere and infoz~n them we ~re taking action
~nd that we earnestly request them to make their contribution as promised.
WRIGHT PORTEOUS & LOEWE: President McFadden read copy of letter sent to Donald K.
Smith from Wright, Porteous & Loewe re-iterating their request for an additional
$1,000.00 for architectu~l fees for Fire Station #3. No discussion was held.
SALARY INCREASE: Upon the recommendation of Utilities Manager, President McFadden
moved to increase the salary of Jim Chitty to $1~,~00.00, Trustee Hinshaw seconded
it and it passed 4-1. Trustee Swift voting nay. Trustee Hinsh~w stated we should set
up some sort of retirement policy, whereby the employe, after five yea~s of service,
would receive benefits that would give them an incentive to stay on.
REPLAC~I~IT~PLOYES: Upon the recommendation of Utilities Man~ger, Trustee McFadden
moved to approve the hiring of Alfred Sturgis at a salary of $7,800.00 ~nnually and
~llie C~at a salary of $5,200.00 ar~uually, replacing employes who had quit.
Trustee Swift seconded it and it passed un~uimously.
COOL CR,:~:~i NORTH ANNEXATION: Trustee Swift moved to instruct Town Attorney, John
Pea~ce, to contact Mr. Joe Dawson and his attorney to prepare a request for annexation
of his platted Cool Creek North, Trustee McFadden seconded it and it passed unanimously.
STREET WORK: President McFadden stated he had asked Town Engineer to write a letter to
Degan & Associates stating the Board would enforce the penalty as set forth in the
contract, if the work was not completed by the deadline date in October.
SEWER ORDINANCES: Town E~ineer requested Clerk-Treasurer check price of printing
sewer ordinances in p~mphlet form to distribute to interested citizens.
p~.~N COMMISEION~PPOINTMENT: Trustee Beach moved to appoint Bob Speed to fill the
v~cancy created by the resignation of Doug Ma~sh, Trustee Swift seconded it and it
passed 3-2. Trustees Hinshaw and McFadden voti~n~y. Trustee Hinshaw instructed
Clerk-Treasurer get an opinion from Tow~n Attorney on whether or not a simple n~jority
can make a nomination, and if so, notify him of the appointment.
There being no further business, the meeting was adjourned at 11:2~ p.m.
William D. McFadden, President