TOWN OF CLEAR LAKE
REGULAR COUNCIL MEETING

September 8, 2003

The September 8, 2003 Town Council meeting at St. Paul Chapel was called to order at 7:03 p.m. by Robert Troll, President. Also present were Derold Covell, Council Member, Emma Brown, Council Member, Virginia Nye, Clerk Treasurer, Richard Lehman, Marshal, Mark Sullivan, Commonwealth Engineers, and Donald Stuckey, Town Attorney. Forty-eight visitors signed the guest register.

The clerk read the minutes of the August 11, 2003 Council meeting followed by the August 31 financial report. The financials including the following: balances:

General Funds Balance $908,297.18
Garbage Fund Balance $ 90,097.18
Sewer Escrow Balance $169,425.54
Certificates of Deposits $ 95,804.60

The Wastewater Works Project Loan Budget of $3,520,000 had no charges against it, and the balance continues at $32,289. The $500,000 State Grant with no charges this month has a balance of $251,086.

A motion to approve the minutes of the August 11, 2003 Council Meeting and the August 31, 2003 financial report was made by Derold Covell, seconded by Emma Brown and the motion passed.

The Marshal’s report for the period August 11 to September 8, 2003 was read by Marshal Lehman. Derold Covell moved approval, Emma Brown seconded, and motion passed and the Marshal’s report was accepted and placed on file.

OLD BUSINESS

Two warrants were introduced for approval by the Council. They are:

8871 Donald J. Stuckey $779.86
8872 Midwest Billing Administrators $650.00

Emma Brown moved approval, Derold Covell seconded and motion carried.

There was a reminder to the audience that the heavy trash pickup day is Saturday, September 13. Another reminder was to get the swim buoys out.

Derold Covell gave a report with tentative drawings on the progress of the town hall project. Members of the Town Hall Building Committee are: Derold Covell, Robert Troll, Emma Brown, Bob Bruick, Joe Driver and Bill Talerico. Basics of the designs are: a meeting room, 2 bathrooms (for handicapped), clerks office, Marshal office, small conference room, building inspector space, and for the storage needs a full or partial basement. The parking situation was also discussed. The committee is looking at stick built and metal buildings.

Sewer report: Mark Sullivan said, “we are not done yet.” One half of the 40,000 feet has passed inspection, however, the hard half is yet to go. Ideally, we should be complete in the next 30 days, however, Geiger does not expect to be completed in that time. Mark said that the landscaping is not done yet and citizens should get their complaints to Mark
Field, at 495-4545 about any problems.

Don Stuckey discussed the legal avenue open to the town. He suggested that the town put the performance bond people on notice since it does not appear that the project can be finished at the current pace. Bob Troll entertained a motion that the town place the bonding company on notice. Emma Brown moved approval, Derold Covell seconded, and the motion passed.

Larry Armstrong gave a report on the September 2 meeting with the Fremont Volunteer Fire Department Advisory Board. The Fremont Town Board will vote at the September or October meeting on the annexation of the fire department.

Emma Brown gave an update on the cable TV suppliers.

NEW BUSINESS

Donald Stuckey, Town Attorney, responded to the Clear Lake Truth, a newsletter distributed by Dan Hoagland. Mr. Stuckey stated that there has been no use of misappropriated funds. The Cumulative Funds, if borrowed, must be repaid, however, non-cumulative funds do not require repayment. The Town Council has not borrowed from the cumulative building account; therefore, there are no repayments due.

Appropriated items have been handled consistent with Indiana law. The town has not been written up for misappropriation of funds. Funds have not been borrowed from the
building funds.

Bob Troll introduced and read Ordinance 288, an amendment of the previously codified Ordinance 84 that was not included in the codified Code of Ordinances. This ordinance ordains that Ordinance Number 268 (An Ordinance to Amend Ordiance Number 84, an Ordinance Provided for the Amendment of the Master Plan of the Town of Clear Lake, Steuben County, Indiana) is adopted as fully set forth in the original Ordinance Number 268 (as attached). Derold Covell moved approval of the Ordinance 288 , Emma Brown
seconded and the motion passed.

Ordinance 288, second reading. Motion was made to dispense with rules and read by title only. Derold Covell moved approval, Emma Brown seconded, and the motion passed. Motion to approve Ordinance 288 was made by Emma Brown, seconded by Derold Covell and the motion passed.

Ordinance 288, third reading. Motion was made to dispense with he rules and read Ordinance 288 by title only. Derold Covell moved approval, seconded by Emma Brown and the motion passed. Motion to approve Ordinance 288 on third reading was made by Emma Brown, seconded by Derold Covell and the motion passed.

Mark Sullivan introduced Amendment No. 4 to the Agreement for Engineering Services for the Clear Lake Sewage Works Project for approval. The total compensation for services for the Construction Phase of the project shall be increased by $15,000 and the total compensation for services for the Inspection Phase of the project shall be increased by $50,000. Derold Covell moved approval of Amendment No. 4, Emma Brown seconded and the motion passed.

It was announced that the next meeting of the Town Council will be on Monday, October 20 at the St. Paul Chapel.

There being no additional new business, the Council meeting was adjourned at 8:30 p.m. Emma Brown moved approval, Derold Covell seconded, and the motion passed.



_____________________________
Robert D. Troll, Council President


_____________________________
Virginia A. Nye, Clerk Treasurer