TOWN OF CLEAR LAKE
REGULAR COUNCIL MEETINGNovember 10, 2003
The November 10, 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. Thirty-eight visitors signed the guest
register. The clerk read the minutes of the October 20 Council meeting. Emma Brown moved approval
of minutes as corrected, Derold Covell Second and the motion passed. The clerk gave the financial
report for the period October 1 - October 31. The financials included the following balances:
General Funds Balance $978,633.38
Garbage Fund Balance $ 80,764.63
Sewer Escrow Balance $169,718.10
Certificates of Deposit $ 95,951.84 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 total expenses
of 276,006 leaving a balance of $223,994. Derold Covell moved that the financial report be
approved as read, Emma Brown second and the motion passed. Dick Lehman gave the marshal’s report
for the period October 20 to November 10. Emma Brown moved approval, Derold Covell second and the
motion was approved. David Gardiner, the Zoning Inspector, was introduced and gave the zoning
report. Terri Gardiner was introduced as the new Clerk Treasurer beginning January 1, 2004. OLD
BUSINESS Mark Sullivan reported on the progress of the sewer system. He was cautiously optimistic
about the progress of the construction. The system is 90 percent tested with 10 percent to go. He
thinks that in a week to a week and a half they will have tested 100 percent of the pipe and pumps.
The line to Fremont has been tested and passed. The main pump station as well as the chemical feed
system needs to be started up. Sullivan stressed that Clear Lake is not getting a second rate
system. The quality is good, there have been rigid stringent tests, the system is tight and ready to
go. There were time issues, not quality issues, during the construction.
The permits process will now get underway, with certified letters going to all homeowners. We
need lots of help with the mailing of the certified letters. Mark Sullivan requested a pay claim
for the contractor for $42,957.25. Emma Brown moved approval, Derold Covell second and the motion
passed to approve the claim. The town will hold the check pending retainage issues. The following
vouchers were introduced by Bob Troll: 8944 Donald J. Stuckey $1,179.07
8945 Steuben County Dept. of Building & Safety $9,850.00
8946 Midwest Billing Administrators $ 650.00 Emma Brown moved approved, Derold Covell second, and
the motion passed. There were several questions from the audience regarding the law suits by Dan
and Karen Hoagland. The town attorney, Don Stuckey, discussed the three lawsuits filed by Dan and
Karen Hoagland that are pending against the town. The trial for the first law suit has been set for
February 4 and 5, 2004 in Steuben County. There is a lawsuit in Federal court, not yet set for
trial. The Defendants are the Town of Clear Lake, Indiana, and various individuals, including town
council members, planning commission members, the Marshal and Zoning Inspector, and members of the
Board of Zoning Appeals. The eleven individual defendants are: Troll, Covell, Brown, Geiger, Driver,
Reith, Wehrenberg, Lehman, Zachrich, Disser, and LaRue. This lawsuit is being defended by Hunt,
Suehdoff and Kalamaros of Fort Wayne. The third suit is in State Court. NEW BUSINESS Karen
Hughes, 824 Lake Drive, and Secretary of the Clear Lake Association announced that the Association
which has been paying for the printing of the newsletter will take the responsibility for publishing
the town newsletter three times a year. The Fremont High School will print and mail the newsletter.
The motion to accept the proposal of the Association was made by Emma Brown, second by Derold
Covell. The motion carried. At 8:05 p.m., there being no additional new business, Emma Brown made
the motion to adjourn, Derold Covell second and the motion carried.
_____________________________________
Robert D. Troll, Council President _________________________________
Virginia A. Nye, Clerk Treasurer MIN11-10-03
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