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BOT-05-28-74 I~2~ES OF THE BOARD OF TRUSTEES MEETING MAY 28, 1974 T~ regular meeting of the Board of Trustees was called to order at 7:05 p.m. by Vice-President B~l~ McFadden, who presided. Town Attorney, Town Manager, Trustee S~lft, Trustee Stevens and Trustee Ei~haw were present also. Trustee Swift moved to dispense with the reading of the m~m:tes of the last regular meeting, and approve them as received. Trustee Stevens seconded it and it passed unanimously. ORD~AN~ #~1: Mr. McFadden read proposed ordinance #B-51 authorizing transfer of $300.00 from Acct. #7-721, furniture and fixtures to Acct. #5-51, Insurance, within the Building Commissioner, s Budget, Mr. Hinshaw moved to adopt Ordinance ~B-51 as read, Mr. Swift seconded it and it passed unanimously. O~I~N~D-6$:..ICE-MANAGE~ENT~ INC.: Town Attorney explained insertio~ which had been made into Ordinance #D-6~, introduced at last board meeting, authorizing the acquistion, construction and leasin~ of economic development facilities, the issuance of revenue bonds to apply on the cost thereof, the safeguardf~ of the interests of the holders of said bonds, approving and authorizing a lease and a trust indenture, and other matters related thereto. A mew .Exhibit C" had been substituted which contained more restrictions on the corporation, to protect the Town and Merchants ~ National Bank. Trustee Swift moved to substitute the May 28 "Exhibit C" for the previous "Exhibit C" on Ice Management, Inc., Mr. Stevens seconded it and it passed unsr~imously. Town Attorney then read proposed Ord~-ance #D-6~. Mr. Stevens moved to accept Ordinance #D-6~ as read, Mr. Swift seconded it and it passed unanimously. Trustee Stevens then resolved the Board of Trustees of the Town of Carmel, Indiana authorize Fred Swift, as President~ to sign the Trust Indenture and Lease Agreement made a part of Ordinance #D-65, just passed, for and on behalf of the T~n. Mr. F~n~haw seconded it and it passed unan~z~usly. ORDINANCE ~D64: SIGN ORDIN~CE: Trustee Swift moved to introduce proposed Or~ance #D-64 providiu~ for the issuance of sign permits within the jurisdiction of the Carmel T~en Plan Oo~missi.on, as a part of the ~.~ster Plan for the Town of Carmel, Indiana. Mr. Stevens seco~ied it and it passed unanimously. ~. Swift moved to suspend rules and act on the first reading% Mr. Stevens seconded it, and it passed unanimously. After the Ordinance was read, Trustee Hinshaw moved to adopt and enact Ordinance #D-64, Trustee Stevens seconded it, and it passed unanimously. ORDINANCE #A-44: T~n,n Attorney presented proposed Ordinance #A-44, ammending Seas. 5, 7, 13 and 16 of Ordinance #A-43, entitled "An 0rd~.n~ce concerning the construction of extensions, additions, and improvements to the mu~cipal waterworks of the T~*n of C~wael, authorizing the issuance of revenue bonds to provide for the cost thereof and all matters connected therewith. Trustee McFadden read letter frc~ McCullough & Associates emlolaining the ammendments as follows: ReducinE the bond issue to $505,000.00 from $540,000.00, due to additional monies available to apply on the project, and increasing the maximm~ interest rate from ~.~ to 7~'~, necessitated by the worsening bond market. T~stee Swift moved to adopt Ordinanse #A-44 as read~ Trustee Stevens seconded it and it passed unsnimously. ORDINANCE ~.Z 1~: VERA H~NSHAt~: REZONE FROM S-1 To B-3: Vera Hinshaw appeared before the Board to--request a re-zone from S-1 to B-3 f~r an area at 96th St. and Gray Road described as follc~*s: The South Half of the Southeast Quarter of Section 8~ Tow~hip 17 North, Rauge4 East~ containing 80 acrss, more or less, in I~ilton Co.~ India~. ~/28/74 page 2. A resolution _*rom the Plan Commission recmmnending approval of the re-zoning was read by Trustee McFadden. Trustee Sw~-ft moved to accept resolution from Ftan Commission: Trustee Hinshaw seconded it, and it passed unanimously. Proposed Ordinance #Z-139 was read by Trustee I.~Fadden. N~. Hinshaw noved to adopt Ordinance ~i,~Z-139, ~. Stevens seconded it, and it passed unaxLimously. QRD!NAN,CE, FD-6~, Town Attorney read proposed Oz~ance ~D-65 setting forth due date for s~*er bills and giving authorization to file leins against property for delinquet bills ~. Swift moved to adopt Orddnance #D-65~ ~,~r. Stevens seconded it ar~! a discussion followed. Mr. PMn~haw felt a deposit should be required before sewer service was turned on~ 8=d state that after a 30 day delinquent* notice, Ca letter should be sent giving the custo~r ~ 15 day grace period before the ~ter is s~at off. Board agreed to the amotu~t of $20.00 &nd felt that should be put in the Orddnsmce. The present Orddsa~ce failed 4-0. T~zn ,ittorney to re~ite %hm,.,:n"d_inance by next meeting. .S~O. NECIPHER: Mr. Stouecipher appeared before the board and stated he had bought a home in November of 1972 at 10912 Lak~shore Drive. N~. Stonecipher said last August when the ~ater backed up in the sewer system, it backed up in his basement, and the question bec~m% how did it come through the su~o pump. Since then there have been two o~cassns which the city water has backed up and the same thing has happened. I4hen it happened last Sunday, he decided to do something abcut it, and contacted To~rn Officials. Mr. Hohl, Tc~n~ E. nginee~ ran a smoke test and smoke roared out of his sump pump. M~. Pickett, Buii~ng Cor~nissioner, stated he had talked ;*Ith the builder, and told him of the smoke test, and had thought he would witkhold any more building perm/~s and_ occupancy permits until the situation was rectified. The Builder agreed to look ind~o it. ~. Hohl road Ordinance covering this sort of problem~ and recommended a revision be made in the Ord/nsnce to take the burdon off the purchaser. To~n Engineer and Building Co~ssioner to work ~-~ith T~m Attorney to revise the present O~lins~ce. FIRE Ch~ ~;F: Trustee ~lft announced that Fire Chief S~*ails had suffered a cornnary ~'~'tact, and was presently under intensive care. I.h'. ~ift then noved to nsme James K. Martin as Acting Fdre C~ief of the Tm, m of Carmel for the duration of Chief Swails current disability. Mr. Stevens seconded it and it passed u~nimously. GEORGE JONES: ~ir. George Jones appeared before the boe~rd and presented a copy of a petition which had been presented to the plan Commision from the residents of ~k~,urk Village, oppos/ng the rezoning of the area along Range L~e Road from Moh~wk Road to Shoshone Road. POLICE COrYZa. SSIO~RS: Board agreed the Police Cormnissioners should send a resolution to the Board recormnen~l~ng action on ar~ To~rn Ordinances involving the Police Department before action is taken on the Ord/nance by the Board. HERB ZIN~EISTER: ~Ir. Zinsm~ister appeared before the board and announced Clyde E. William~ ~"'Associates had been Eetting a rmmber of phone calls from plant contractors regard/rig escalator costs. Board agreed the signed contracts should stand as they are. ANNEXATION: Trustee H/nshaw moved the Bo~ authorize the To~,~n Clerk to instruct Town Attorney prepare an ordinance aunexing the property which was re-zoned at tc~ights meeting~ to the Town of Carm21. ~r. Stevens seconded it and it passed unanimously. KEYSTC~ SQUARE ZONING ORDINANCE: Town l&~uager stated the area North of Carmel Drive and I~Yest of Keystone, on about seven acres~ needed to have c]oarification on the zoning. Town Man~uger stated the legal description published in ~L~y of 1969 was not the correct legal description of that area. Some changes had been made by the State of Indiana on turn off lanes and changed the d/mensions. Difference of 31.33 feet. Mr. Schmeltekop stated aa ordinance had been prepared giving the new dimensions and showing the tract as page ~nree B-4. Trustee RLnshaw moved that upon the To~n ~nager contacting aq~ Board. members and presentation of a plat by ~. ~fis of the seven acres on the North East corner of Keystone Square where a budfl~g office complex is to be constructed, legal descrip- tion to be presented to board members individua3-1y and that by consensus of op~nfon, the Board authorize the passing of an ordinance estab~sking and reaffirm~r~g that this is to he B-4. Trustee Stevens seconded it and it passed unanimously. SPECIAL CENSUS: Town Manager presented to the Board a copy of a letter from the United States Department of Cc~m~ree stating the estimated cost of a special census for Carmel based on our population estimate of ' 13,000 people, womld be $5~820. Of this amount, $3,003,00 is paid directly to the Bureau, the remainder held in reserve by the To~m to be paid to local persons who ~-~ork on the census. ~. S~,ift moved to authorize execution of agreement for a special census, Mr. Hinshaw seconded it and it passed G~0UND I~ATEE SURVEY TESTS: To~m ~Laxmger presented a letter from the United States Dept. of the Interior stating the cost of ground w~ter su~-¢ey. Purpose of the study to pro~lde timely, detailed ground water information to the T~m of Carmel to aid in planning, designing and constructing a water system to meet both current and long-tern water needs. Total cost to the To~m of ..Carmel, exclusive of the production wells~ would be $12,500.00. State to pay for the balance of the cost, matching Carmel's ~ount. Mr. Hinshaw moved to approve the tests and expenditure of funds, Mr. Stevens seconded it, amd it passed unanimously. HIGH SC~0OL WELLS E~PAIRS: Upo~ the recordation of Town Manager, Mr. Hinsh~ moved to authorize purchase of special material much more resistant to corrosive action for future repaLvs for the wells, Mr. Swift seconded it ~ it passed unanimously. ~ TOWN BLDG. SITE: ToWn Manager presented letter from Carmel ~ristian Church stating they were interested in selliug the church acreage between their buildings mud the library and the acreage s~uth of their buildings along with a connecting piece of property, but ~ere not interested in offering a tw~ year option c~ the four buildings and the balance of the ground. They requested a meeting ~lth a representative of the Toxin. Mr. S~rift moved to appoint Mr. Stevens as Carmel's representative. Mr. seconded it, and it passed unanimously. To~m N~nager to set up meeting. CATV: Upon the reco~muendation of To~n Mauager, Trustee ~evens moved to grant a requested ~ inc tease fr~m $5.00 to $6.00 f~r monthly CATV service. Mr. Swift seconded it and it passed unanimously. NN~ ~LRE TELESQUEH2: T~n Man~er announced the new 50' Fire ~,'.!.F~QUIRT had a~,x,lved and would not fit the door. Board agreed to co~ent to raising the door. SI~E~ALES:'~Board requested T~m M~uager to have an estimate of cost for sidewalks at next meeting. STOP AND GO LI~H~ AT ~J~REEL DRIVE AND RANGELINE ROAD: Town Manager stated that with a controller on a semi-actuated traffic co~b~oller mo~[ted on wood poles w~].l, cost $2,495.00. The two signs, ls themselves ~11 cost ~,76~.O0. Labor to assemble a semi- actuated system is apprcmimately $3,500.00. Board agreed to ask for 50% contribution from residents. Trustee Swift moved the To~m Board establish a li~it of $6,000.00 or ~2 the cost, whichever may be less, for the erectio~ of a stop and go signal at the intersection of Rangeline Road and Csrm~l Drive. Mr. Stevens secor~led it aud it passed ~/28/74 page four. ~ President Swift stated Martha Nutt had approached him about a problem she s~ had of water getting on her property from the alley hehind her house. Town E~er to follow up on possibq~ leak and report back to the Board. NEW Z~ETI~3 PLACE: Board agreed to start hold, nE the Town Board Meetings in t_he bas_ement' of the Build~ng Commtissioner's office beginning the secend meeting in June. ~ ,S~S~ER WATER RAT~: To%m Manager asked the board if they should give summer sewer rates. Board agreed Town Manager should notll~y the papers the residents ~ould not expect special stum~r rates. ICE RINK BONDS: Trustee Hinshaw st-~ted the press should publish the fact the Ice Rink Bonds are not coming from public funds in am~ way, nor are the taxpayers responsible for ~Y0ORLAND SPRINGS SIDEWALKS: Board requested ~T~m ~nager search the minutes as to the responsibility of ~iLfc~g for side~r~lks and c~rbs in the T~oodland Springs Sub Division, and theist Mr. Wilfong follow that decision the Board had made previously. There bing no i~_Fther business, Mr. Hinsha~.~ moved to adjourn, N~. Swift seconded it, and it passed rnn~_ ~*~ously, a$'9:55 p.m. Fred T. Swift, Pres~ent. Board of Trustees MII~u'I'~:S OF T~",' BOAPg OF ~RU~T~.'",'S I~ING The regula~ meeting of the ]~oard of Trustees was called to order at 7 p.m. by President Fred Swift, who presided. Trustees McFadden and Wfushaw were not present. Z~r. Stevens moved to dispense with the reading of the minutes of the last regular meeting and approve them as received, Mr. Beach seconded it and it passed unanimously. Mr. Hinshaw arrived at 7:05 p.m. Trustee wi~haw moved to approve claims numbering 1702-2063 totaling $1,504,289.18, Mr. Stevens seconded it and it passed ,ma~imously. TRANS~'~WITHINTBE POLICE BUDGET: President Swift read a request f~om the Police Commissioners to transfer $2,125.95 from#13-Salary into the following accounts: #362-printt~-$300.O0, #363-Other Office Supplies-~300.O0, #37-Other Supplies-$400.O0, #51-Insurance-S425.95, and#723-Clothing& Equilmnent Allowance (Wilson)-$700.00. Mr. Beach moved to approve the transfer, Mr. Hinshaw seconded it and it passed unanimously. ANNEXATION OI~D. ~C-~1: President Swift read proposed annexation Ordinance ~C-51, annexing the South Half of the Southeast Quarter of Section 8, Township 17 North, Range 4 East, containing about 80 acres. This tract is the Tyner family iproperty which was re-zoned at last board meetLng. Town Attorney read the proposed ordinance the second time. Mr. Beach moved to suspend the rules, Mr. Stevens seconded it and it passed n~a~imously~ After the third reading, Trustee Beach moved to adopt Ord. ~C- 51 as read, Mr. Hinshaw seconded it and it paesed RESOLUTION ~117~-1: Si~.in~ of Wastewater Sewer Contract with Ea~le Valle[: Town Attorney dictated resolution as follows: "project and additions to the Sewage Plant have been approved by the Town Board. N~,:~EAS, bond issue has been sucessfully sold, N~LEIt~AS, money is now available from sale of said bonds. N2~2~EAS, all things have been completed to insure the grant and aid from both the National and State governments. NOW T~U~d~7ORE BE IT RESOLVED by the Board of Trustees of the Town of Carmel, Indiana, this 11th d~y of June, 1974, that Pred Swift, President of said Board of Trustees of said Town is hereby authorized to enter into a contract with Eagle Valley Const. Co. to complete and do all things necessary urger the supervision of Clyde E. Williams & Associates to complete the project for the betterment of the constituency of the Town of Carmel, India~." Mr. Stevens moved to adopt resolution as read, Mr. Beach seconded it and it passed u~ntmously. DIV. A, HUCRES CONTRACT: RESOLUTION ~6117~-2: Mr. Herb Zinsmeister, of C~yde E. Williams & Associates, read a letter from E. H. Hughes Co., Inc. stating they had presented to Mr. Boys, of Clyde E. Williams & Asso. and Town Maz~ager, the unprecedented problem of suppliers backing out of their quotations which were made prior to the bid opening of Jan. n~y 8, 1974. They felt this was caused by the soar~ raw material cost in the steel and oil by-product related fields, and by the release of economic control of wages and prices between Jan,,~y 8, 1974, and April 30, 1974. To date the costs of materials necessary for the job are in excess of $70,000.00 over the quotation of the suppliers at time of bid. They were willing to add to the contract a clause for compulsory arbitration in lieu of any litigation they might have arising out of any of the matters set forth. Mr. Zinsmeister stated EPA would not allow &rchange order strictly for escalation. Mr. Zinsmeister stated also that if the Town wanted to change a piece of equlpaen% that ~s bid to another manufactumor, for more money, it would jeopardize the entire grant. Town Attorney stated he would not recommend the compulsory arbitration clause. Mr. Morton, of E. H. Hughes Co., Inc. stated he thought EPA might allow a 6/11/74 page 2o Justified increase to be paid from the contingency funds. Mr. Z~meister stated E. H. Hughes Co. was not saying they wanted $70,000.00 more, nor would the Town of Carmel be agreeing to pay it, they were merely making the Board aware of the situation and if~. during the construction of the job there were certain ~tems that can be given ~ cost relieve on, to help make up part of this $70,000.00, without Jeopardiz~ the job, Clyde E. Williams would be willing to work with the Town officials to make sure they were aware of what was going on. Town Attorney dictated resolution as follows: "Project and additions to the Sewage Plant have been approved by the Town WSEREAS, bond issue has been sucessfully sold, W~u~.l.~-money is now available from sale of said bonds, Wn~AS, all thi~ have been completed to insure the gx2nt and aid from both the National and State governments. NOW THEREFORE BE IT RESOLVED by the Board of Trustees of the Town of Carmel, Indiana, this 11th day of June, 1974, that Fred Swift, President of said Board of Trustees of said Town is hereby authorized to enter into a contract with E. H. H~GRES C0., INC. to complete and do all th~gs necessary under the supervision of Clyde E. Williams and Associates to complete the project for the better- ment of the constituency of the Town of Ca~mel, Indiana." Mr. Stevens moved to adopt above resolution ~61174-2 as dictated, Mr. Beach seconded it and it passed u~an~mously. Contract was signed with the understanding E. H. Hu~t3es agrees to build it for what they bid it for and the Town of Carmel would help them in any legal and ethical way they could re: cb~,.,,~e orders. REPLAC~2~ENT FIR~: Fresident Swift read recommendation from Acting Fire Chief, Jim Martin, to hire Gary Joseph Dufek as a firem~n, to replace the late Roy Couts. Mr. Hinshaw moved to hire Mr. Dufek as recommended, Mr. Stevens seconded it and it passed lma~tmous ly. ..O.RDINANCE ~D-6~:DEFINING JUNK: President Swift read proposed Ordinance #D-69 ~efining junk, junk cars, requiring their removal and f~x~ug penalties for violation. M~. Stevens moved to suspend the rules, Mr. Hinshaw seconded it and it passed ,m-nimously. Mr. Swift read the ordinance a second and third time. Mr. Hinshaw moved to adopt ordinance as read, Mr. Stevens seconded it and it passed unanimously. RESOLUTION ~6117~-~:Pa~ment from Firemen's Pension Fund: Fresident Swift read resolution $61174-3 approving and authorizing pa2ment by the Clerk-Treasurer from the Firemen's Pension Fund, the sma of $600.00 to Mrs. Roy Couts as widow benefit and in addition, a sum payable to Mrs. Roy Couts commencing in June of 197~ equalling 30% of his salary, in addition to a sum of 10% of his salary to Mrs. Roy Couts, Tnlstee of Minor Child. Mr. Beach moved to adopt resolution as read. Mr. ~--haw seconded it and it passed unanimously. BID OPENING 106th ST. IMPROV~2~ENT: ments as follows: F~LL DEPTH ASPHALT pAIr~ENT SECTION: Avco Const., Inc.-$223,521.70 Tri-State Const.-- 269,928.60 Calumet Asphalt Pv.277,233.05 Sb,,m~er Bros.---- 2~dd,0hO.51 Town Attorney opened bids for 106th Street Improve- ALTerNATE "B" SURFACE WITH AGGEEGATEBASE SECTION: $213,686.60 262,892.10 2~3,0~1.50 226,853.21 Town Engineer to review bids. Avco the only bid under engineers estimate. Board agreed to abide by Town Engineer's recommendation, and to sign the necessary documents, if necessary, before the next board meeting. ..ARCHITECTS-NEW TOWN BLDG: Mr. Nelson Steele and Associate, from Butler, Fairmen & Seufort, Inc. engineering firm, appeared before the board to submit a proposed agreement for professional services in the amount of $2,500.00 for analysis phase of design for new Town Building. Upon the Town Attorney's advice, Board agreed to only sign the first page regarding the Analysis Phase, and add the line, "that this page constitutes the entire a~reement between the parties." Survey to be finished in page3. /11/7 about 45 days in rough, printed within~ 60 days. Board signed agreement. ORDINANCE ~D-70: Peddlers and Solicitors: N_r. Swift read proposed 0rdinance ~D-70 requiring peddlers, solicitors, canvassers and itinerant salesmen to first ~btain license from Clerk-Treasurer and submit certain information and wear badges and setting forth penalties. Mr. Stevens moved to suspend rules, Mr. Hinshaw seconded it and it passed ,,~auimously. After the third reading, Mr. Hinshaw moved to adopt Ordinance #D-70, Mr. Stevens seconded it and it passed una~imously. Board requested Town Manager have Mr. Hohl order signs pertaining to 0rdf~ce ~D-70 and post them at Town limits. Also to post Town limit Signs at proper lines. ORDINANCE ~S-2~: Delinquent Sewage Liens and Deposit Required: Town Attorney explained proposed Ordinance ~S-23, creating a lien on real estate for delinquent sewage cha~ges and allowing such liens on real estate to be perfected by the Clerk-Treasttrer of the Town of Carmel, IndJ~a, confiming delinquent payment dates, and establishment of deposit requirement and forfeiture of same. President Swift read proposed 0r&i~auce $3-23. Mr. Hinshaw moved to suspend rules, Mr. Stevens seconded it and it passed nnauimously. After the third reading, Mr. ttinshaw moved to enact 0rdi~auce ~s-23 as read, Mr. Stevens seconded it and it passed u~monsly. Board agreed by concensus to requi~.e the land owner of a commercial property to sign along with the actual customer in cases of commercially rented p~operty, when water and sewer service is required. Clerk-Treasurer to follow -.up with Utilities Manager in enacting the policy. 1975 BUDGET: Town Manager announced he had instructed all departments to present their preliminary budgets for 1975 to b~m by June 24th. NOR'A'~N HEIGHTS SUBDMSION: Town Manager stated he had gone with Building Commissioner to a house in Northern Heights Subdivision where a f-ml ly had moved from Rhode Island and purchased a house built by Joe Graft. This is outside the Town of Ca~mel limits. Septic was evidently seeping into the well and polluting the water. Board of Health had given them 60 days to correct the situation. Situation was apparently a .violation of septic tank regulations. Town Manager asked the Board whose responsibility it was to prepare ordinances outside the Town limits. Board agreed it would be the~ County Health's Department responsibility. Board agreed only as related to zoning and platting was within Town Board's Jurisdiction.' GASOLINE RECORDS: Board agreed better records should be kept on mileage records and gasoline used and closer control of gasoline keys was essential. Town M-.~ ~ger to see that this is done. There being no further business, Mr. N~nshaw moved to adjoumm, Mr. Stevens seconded it and it passed unanimously at 10:07 p.m. l~re~ T. ~wift,~p~si~ '