BOT-10-08-74 MINUTES OF THE
BOARD OF TRUSTEES ~ETING
OCTOBER 8, 1974
The regular meeting of the Board of Trustees was called to order at 7:30 p.m. by
President William McFadden, who presided. All board members and Town Attorney were
present. Town Manager was not present due to injuries suffered in an automobile
accident.
Trustee Swift moved to dispense with the reading of the minutes of the last regular
meeting and approve them as received, Trustee McFadden seconded it and it passed
unanimously.
PLUG-VALVE BID OPENING: No bids were received for the plug valves for the Wastewater
Disposal project, advertised for 7:30 p.m. 10/8/74. Clerk-Treasurer to re-advertise
for November 1 2~h meeting.
Trustee Swift moved to approve claims numbering 4190-4558 totaling $552,028.68,
Trustee Stevens seconded it and it passed unard_mously.
Clerk-Treasurer submitted three additional claims for approval to Simmons Brothers
Asphalt Co. totaling $6,033.60 for 1969 ~C D%~o Truck and attachments. Trustee Beach
moved to approve claims, Trustee Swift seconded it and it passed unanimously. ~
HIGHWAY-RAILWAY GRADE CROSS]lIG PASSIVE PROTECTION AGH~f~MENT: T~4n Attorney stated he had
re~i~%~i tD~ proposed agreement~the Indiana State Hig~ay Commission and the Town of
C~rmel whereas the State would install warning signs and pavement markings at railroad
crossings and the T~en would maintain them. Mr. Pearce recommended the Board not enter
into the agreement inasmuch as the Town might be liable in case of an accident. Board
and Mr. Pearce directed Town Engiueer, Mr. Hohl, to check with the T~n's insurance
carrier to see what the liability rates would be on this type coverage.
CARFEL-FISHERS SE~ER AGREEMENT: President McFadden read proposed resolution between
the T~n of Carmel and the Town of Fishers, whereby Fishers desires to transport addi-
tional sewage to the Town of Carmel for treatment and disposal and Carmel agrees to
accept it. This resolution is an agreement to agree. A more detailed contract to be
written at a later date. The Town Board of Fishers officially acted on the resolution
approving it at their last meeting. Trustee Stevens moved to adopt proposed resolution,
Trustee Swift seconded it and it passed unanimously.
AGP~EMENT FOR AF~N~NT TO RIGHT-OF-WAY GRANT FOR WATER LINE AND STANDARD WELL
POLLUTION AREA: BROOKSHIRE PROJECT: T~*n Attorney read proposed amendment to the
original right-of-way grant between the Town of Carmel and Carmel Schools for the
new Brookshire project. Amendment to correct legal description. T~a~ Engineer and
Utilities Manager reviewed the agreement and recommended revisions be made to lessen
the restrictive access parts in the document, end felt changes other than legal
description changes had been made. Trustee Beach moved to table action on the agree-
ment until next board meeting, Trustee ~r~haw seconded it and it passed 4 ayes, Trustee
Swift abstaining. Town Attorney instructed Mr. Hohi and Mr. Dougherty to confer with
the school board and when differences were worked out, contact him to prepare a new
agreement.
ORDINAN(E # B-60: President McFadden read proposed Ordinance #B-60 transferrimg funds
within the Police Departn~t budget. Trustee Hinsha~ moved to approve the Ordinance
Trustee Swift seconded it and it passed unanimously.
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NEW T~N BUILDING: Board ~r~qtructed Clerk-Treasurer write a letter to Butler,
Fairman~&Seufert, Inc., engineers who provided the Town with the preliminary
analysis for space requirements for a proposed new tm*n buildiug, informing them
the Board has accepted their report, that the report is appreciated, and that the
Board is now negogiating on the purchase of land and when the land is purchased,
the Board w~l be back in touch with them regarding architectual designs, as well
as being in touch with other firms.
President McFadden then read letter from John Gradle requesting the Board to consider
a tract of ground owned by Gradle Bros. in Carmel Industrial Park for the proposed
new to~n building. M~r. ~Fadden stated he had ~ormed Mr. Gradle the Board was
in the process of talking with Helen MueLler and some cost figures were going to be
plugged in by our engineer to ccme up with a final total per acre cost. Letter to
be made a part of the New Tmon Bui~8~ file.
ESSAY 00NTEST: President McFadden read letter from John L~eis, President of Carmsl-
Clay Chamber of Commerce, inviting the Board, T~*n ~nager and C~erk-Treasurer to
attend the "Good Citizens" award night at the Carmel ~gh School Auditorium T~esday,
October 22, at 7:30 p.m. Prizes to be awarded to winners of essays on Town vs. City
referendum. President McFadden stated that inasmch as that is our regular meeting
night, the Town Board meeting would be held at the High School immediately following
the brief program.
POLICE DEPARTMENT REPORT: Tx~,_stee Hinshaw brought the Board up to date on police
~ePartment activities. Mr. Hinshaw stated there would be a public meeting in the
Building Commissioners office, October 10, at 7:30 p.m. The Juvenile Officer would
give a report on kte first six months and the reserve officers would be there. Mr.
Hinshaw asked the Board's approval for replacing Patrolman Doug ~ilson with Doug
Cowan. Trustee S~_ft moved to approve the replacement, Trustee Hir~haw seconded it,
and it passed unanimously.
C~..YDE E. W77J.I~S & ASSO., & RALPH W~X~ONG: T~n Attorney stated the engineeriug fees
for the North Interim Wastewater Project st~11 had not been paid due to the fact, ~.
W~.lfon~, of Hamilton Western Utilities, wanted Clyde E. Williams & Associates to sign
an additional certification stating the plant will make available additional capacity
of at least 250 thousand GPD, and Clyde E. Williams & Associates refused to do so.
Jim Bougherty, Utililies N~Bager, stated there had been ne performance bond posted by
the contractor of the plant, and changes had been made in the design without our appro-.
val. Mr. Doug Church, Attorney for ~. Wilfon~, appeared before the Board and explair~4
why his client wanted the additional certification. President McFadden stated the
approval letter from the Stream Pollution Board, as well as the cc~tract spelled out
what we could and could not do, therefore additonal certification was not needed.
Trustee Beach moved to defer decision until all major parties involved can meet and
make recczm~ndations to the Board, Trustee Hinshaw seconded the motion. Trustee
Hdnshmw then moved to amend the motion to include that no further construction be
contdnued on the project until such time that all it~,~ which are in question; bond,
liability, inspection, and agreement between the parties, are satisfied. That all
construction be red-labeled and not all~*ed to proceed pursuant to an agreement on this
contract and coD~iitions. Trustee Beach seconded the ~m~endment. Amendment p~ssed
4 ayes 1 nay. Trustee Stevens voting nay. President McFadden then called for a vote
on the amended motion and it passed 4 ayes 1 nay, Trustee Stevens casting ~he nay
vote. Meeting to be set up as soon as possible with Mr. Wilfong, representatives
from Clyde E. k~_lli~ms, their attorneys, Town Engineer and Utilities Manager. ~
NEW FIRE STATION: Town Attorney read proposed resolution accepting Donald K. Smith's
bid for building a fire station, and a letter to Mr. Smith for Intent to Purchase
Real Estate. Tmon Attorney instructed Town Engineer review the legal description to
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o/8/7 .
make sure it is correct. Trustee Beach moved to allow Fire Chief Swails check the
plans, Trustee M~r~haw seconded it and it failed 3-2. Swift, ~.~Fadden and Stevens
voting nay. President McFadden asked Fire Chief S~ails if he was satisfied with the
other station Donald K. Smith built. Chief Swails said no and listed the foll~*ing
reasons: 1. Paint job not good. Tc~n had to re-paint it. 2. Black Top not done
properly. Town now in process of replacing it. Board agreed to wait until next meeting
to act on this cc~tract to enable Tmon ~nager and Fire Chief to meet for recommendations
to the Board.
HIRAM HEIGHTS SIDEWCALKS: Mr. ~l Pickett, Building Commissioner, appeared to inform the
Board that the problem brought before the Board at the July 9, 1974, Town Board meeting
of budlders not putting in sidewalks in Itir~m Heights because it was not platted,was
nc~* solved. Builders h~d agreed the ordinance covered that area.
DO~TOWN RE-ZONE: Mr. Dave Fletcher, from the Building Commissioner's office, described
the area prop~4ed for re-zone by the Pls~ Commission, and pointed it out on a map. ~M.
Harry Elliott and his attorney, Doug Floyd, appeared to request the Board to include
Mr. ELlio~t'ts three lots,which adjoin the proposed re-zoned area,in the same action.
Mr. Elliott stated his three lots were in the original plan to be re-zoned business.
President E~E~'a~'den read resolution from the Plan Commission recommenddng the described
area be re-zoned from R-2 to B-3 and the proposed Ordinance ~Z-14.3 re-zoning the area.
Trustee Beach moved that inasmuch as rdne people appeared at the~public heari~ng asking
that the area mentioned by l~r. Elliott be zoned business and there was~ no ~osition
at said meeting, the resolution and ordJ_uance be denied. Motion died for lack of
second. Trustee Hinshaw moved to adopt the resclution..and ord_tuance as read, Trustee
Stevens seconded it and it passed 4 ayes 1 nay, Trustee Beach casting the nay vote.
Board advised ~M. Elliott to take his request for re-zoning his three lots to the
Plan Commission.
REGIONAL SE~R PLAN: Trustee Stevens brought the Board up to date on the regional
sewer pl~mr~_ng. Mr. Stevens announced that next Monday eveni~ the To~*nship Advisory
Trustees are to meet and designate four trustees. The Town is to designate one
trustee to represent the Tmon. Trustee McFadden moved to designate Trustee Stevens
as the T~m's representative for the Regional Sewer Plan Trustee, Trustee S~rift
seconded it, and it passed unardmously.
EDEN FOREST LIFT STATION CHANGE ORDER ~2: Upon the recoEmendation of T~n Engineer,
Trustee S~rlft Eoved to authorize change order ~2, in the amount of $6,330.00 increase,
be signed by T~zn Board President when it had been approved by Clyde E. ~illisms &
Associates. Trustee Hinshs~ seconded it and it passed unanimously.
APAR~.~ SEWAGE SUR-C~L~RGE: T~n Engineer stated he, Utilities ~&muager and Trustee
~Fadden had attended a ~e~'ting with Robert Bodner, of Mohawk Hills Apartments, who
had requested the Board authorize the deletion of the $2.00 per unit sewage sur-charge
for apartments. Mr. Hohl recommended the Board aut?~ize McCullough & Associates do
revenue effect study on the deletion of this cha~ge. Trustee Swift moved to drop the
discussion, Trustee Beach seconded it and it passed unaimously.
SF~D LI~KKT ~DUCTION: Trustee Swift moved Board instruct Clerk-Treasurer write State
High*ay District E~gimeer requesting a ~eduction of speed limit on Indiana 234 to Gray
Road. Trustee Beach seconded it and it passed unanimously.
VTT.7.AGE FAE&S ~TER: Upon the recommendation of Utilities I~an~ger, Board instructed
Clerk-Treasurer officially notify Cl~ E. Williams & Associates to prepare plans and
specifications for se~r meter for new sub-division of Village Farms.
There being no further business, the meeting was adjourned at 10:05 p.m.
Clerk-Treasurer
~willi~m D. McFadden, President
Board of Trustees