TOWN OF CLEAR LAKE
REGULAR COUNCIL MEETINGOctober 20, 2003
The October 20, 2003 Town Council meeting at St. Paul Chapel was called to order at 7:00 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 and Mark Field,
Commonwealth Engineers, and Donald Stuckey, Town Attorney. Forty-three visitors signed the guest
register.
The clerk read the minutes of the September 8, 2003 Council meeting followed by the September 30
financial report. The financials included the following balances:
General Funds Balance $943, 133.23
Garbage Fund Balance $ 88,241.21
Sewer Escrow Balance $ 169,574.08
Certificates of Deposit $ 95,931.66
The Wastewater Works Project Loan Budget of $3,520,000 with no charges last month continues with a
balance of $32,289. The $500,000 State Grant has a balance of $241,086.
Derold Covell made the motion to approve the minutes of the September 8, 2003 meeting and the
financial report for September, Emma Brown seconded and the motion passed.
Dick Lehman gave the Marshal’s report for the period September 8 to October 20, 2003.Emma Brown
moved approval, Derold Covell second, and the motion passed to accept and place on file the
Marshal’s report.
OLD BUSINESS
Attorney Don Stuckey gave an update of the sewer project. The sewer billing will need to be adjusted
at some point since the treatment phase has not commenced as planned. The rate consultant has been
notified and will be working on revised calculations as needed. The town will need to pass an
ordinance dealing with the change. There may be a public hearing run by the state due to the SRF
loan and that portion of the rate that is for treatment.
The town is being sued in federal court by Dan Hoagland. The law firm Hunt Suedhoff Kalamaros is
providing defense for the claim.
Mr. Stuckey introduced an ordinance to amend the zoning ordinances. A public hearing was held at the
Plan Commission meeting on October 6, 2003. The Plan Commission by copy of a letter from William
Geiger, President dated October 8 recommended approval of the proposed Ordinance Amending the Zoning
Ordinance of the Town of Clear Lake. The Plan Commission approved seven of the eight proposed
changes to the ordinance. It recommended that the section referred to as Filing Fees be further
studied before adoption. The ordinance as recommended has been published in the Herald Republican
and is also available on the town website.
Robert Troll read Ordinance 294 (An Ordinance Amending the Zoning Ordinance of the Town of Clear
Lake). Emma Brown moved approval of the first reading, Derold Covell second, and the motion passed.
Ordinance 294, second reading. A motion to dispense with rules and read by title only was made by
Emma Brown, second by Derold Covell and the motion passed. Emma Brown moved approval of the second
reading, Derold Covell seconded, and the motion passed.
Ordinance 294, third reading. Motion to dispense with rules and read by title only was made by Emma
Brown, second by Derold Covell and the motion passed. Derold Covell moved approval of the third
reading, Emma Brown seconded, and the motion passed.
Mark Sullivan gave an update of the sewer project. Don Stuckey has written two letters to the
bonding company. Testing is 50% to 70% complete around the lake. There are four people testing. The
system must be 100% tested before any hookup can be made. The system is connected to Fremont,
however, the line has not be tested.
The following claims are being submitted by Commonwealth Engineering.
Claim against the grant: Inspection $58,563.63
Motion to approve payment was made by Derold Covell, second by Emma Brown and the motion passed.
Three requests were made payable by the sewer loan:
48 $14,953 Construction Engineering
49 $ 665 Start-up
50 $ 480 Legal
Motion to approve payment was made by Emma Brown, second by Derold Covell and the motion passed.
The following salary ordinances were introduced and approved by the Town Council.
Ordinance 289 (Zoning Inspector for the period October 1-December 31, 2003) was read by Bob Troll.
Motion to approve was made by Emma Brown, second by Derold Covell, and the motion passed.
Ordinance 289, second reading. Motion was made to suspend the rules and read by title only by Emma
Brown, second by Derold Covell, and the motion passed. Motion to approve Ordinance 289 on second
reading was made by Emma Brown, second by Derold Covell, and the motion passed.
Ordinance 289, third reading. Motion was made to suspend the rules and by title only by Emma Brown,
second by Derold Covell, and the motion passed. Motion to approve Ordinance 289 on third reading was
made by Emma Brown, second by Derold Covell, and the motion passed.
Ordinance 290 (Ordinance for salaries of Council Members, Members of the Plan Commission, and the
Board of Zoning Appeals for the year 2004) was read by Bob Troll. Derold Covell moved approval, Emma
Brown second and the motion passed.
Ordinance 290, second reading. Motion was made by Emma Brown to suspend the rules and read by title
only, Derold Covell second, and the motion passed. Motion to pass Ordinance 290 on second reading
was made by Emma Brown, second by Derold Covell and the motion passed.
Ordinance 290, third reading. Motion was made by Emma Brown to suspend the rules and read by title
only, Derold Covell second, and the motion passed. Motion to pass Ordinance 290 on third reading was
made by Emma Brown, second by Derold Covell and the motion passed.
Ordinance 291 (Ordinance for Salary of Clerk/Treasurer for the year 2004) was read by Bob Troll.
Emma Brown moved approval, second by Derold Covell and the motion to approve Ordinance 291 as read
passed. .
Ordinance 291, second reading. Motion to suspend the rules and read by title only was made by Emma
Brown, second by Derold Covell and the motion passed. Motion to pass Ordinance 291 on second reading
was made by Emma Brown, second by Derold Covell and the motion passed.
Ordinance 291, third reading. Motion to suspend the rules and read by title only was made by Emma
Brown, second by Derold Covell and the motion passed. Motion to pass Ordinance 291 was made by Emma
Brown, second by Derold Covell and the motion passed.
Ordinance 292 (An Ordinance Concerning the Duties and Responsibilities of the Town Marshal ) was
read by Bob Troll. Motion was made by Emma Brown, second by Derold Covell to approve the ordinance
as read, and the motion passed.
Ordinance 292, second reading. Motion to suspend the rules and read Ordinance 292 by title only was
made by Emma Brown, second by Derold Covell, and the motion passed. Motion to approve Ordinance 292
on second reading was made by Emma Brown, second by Derold Covell and the motion passed.
Ordinance 292, third reading. Motion to suspend the rules and read Ordinance 292 by title only was
made by Emma Brown, second by Derold Covell, and the motion passed. Motion to approve Ordinance 292
on third reading was made by Emma Brown, second by Derold Covell and the motion passed.
Ordinance 293 (Zoning Inspector Salary and Duties and Responsibilities for the Year 2004) was read
by Bob Troll. Motion to approve was made by Emma Brown, second by Derold Covell, and the motion
passed.
Ordinance 293, second reading. Motion to suspend the rules and read by title only was made by Emma
Brown, second by Derold Covell, and the motion passed. Motion to approve Ordinance 293 on second
reading was made by Emma Brown, second by Derold Covell and the motion passed.
Ordinance 293, third reading. Motion to suspend the rules and read by title only was made by Emma
Brown, second by Derold Covell and the motion passed. Motion to approve the third reading of
Ordinance 293 was made by Emma Brown, second by Derold Covell and the motion passed.
Resolution 10/20/03 - 1 (Resolution to Transfer Funds) was introduced by Bob Troll. Motion by Derold
Covell was made to pass the resolution, second by Emma Brown and the motion passed.
Upon the motion of Derold Covell, second by Emma Brown, the following vouchers were approved:
8904 Midwest Billing Administrators $ 658.00
8908 Morton Salt $1,123.11
8909 Steven R. Jenkins Co., Inc. $ 420.78
8916 M&C Trenching $ 975.00
8917 EarthLink, Inc. $ 263.35
G892 Donald J. Stuckey $2,937.06
Derold Covell discussed the update of the ideas and plans for the Town Hall. He talked about the
possibility of a relocation of the town hall with space for storage of the boat, truck, grinders,
and other equipment.
Bob Troll announced that the BZA meeting planned for Monday, October 27 will be at the St. Paul
Chapel at 7:00 p.m.
The Plan Commission will meet at the Town Hall on the first Monday of January 2004.
There being no further New Business, at 8:30 p.m. Emma Brown made a motion to adjourn, Derold Covell
second, and the motion passed.
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Robert D. Troll, Council President
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Virginia A. Nye, Clerk Treasurer
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