May 10, 2004
The May 10, 2004 Town Council meeting at St. Paul’s Chapel was called to
order at 7:00 p.m. by Robert Troll, President. Also present were Derold Covell,
Council Member, Jack McArdle, Council Member, Teresa Gardiner, Clerk Treasurer,
Richard Lehman, Town Marshall, David Gardiner, Zoning Inspector, and Donald
Stuckey, Town Attorney. Thirty seven guests signed the guest register.
The clerk read the minutes of April 12, council meeting. Jack McArdle made a
motion for approval of the minutes and be placed on file. Seconded by Jack
McArdle. Motion carried.
The clerk gave the financial report for the period, April 1-April 31. The
financials included the following balances:
General Funds Balance $1,463,148.97
Garbage Fund Balance $ 51,130.55
Sewer Escrow Balance $ 170,566.13
Certificates of Deposit $ 97,008.91
The Wastewater Works Project Loan Budget of $3,520.000 remains with a balance of
$11,179.00. The $500,000.00 State Grant remains with a balance of $47,478.00.
Derold Covell made a motion for approval of the financial report and be placed
on file. Seconded Jack McArdle. Motion carried.
Dick Lehman gave the marshal’s report for the period, April 12, to May 10. Jack
McArdle moved for approval and be placed on file. Derold Covell seconded the
motion. Motion carried.
David Gardiner, Zoning Inspector, reported that he had issued eight building
permits during the period of April 12 to May 10.
Old Business
Sewer Report: Mark Sullivan, Commonwealth Engineers, reported the primary focus
at this time is clean up and restoration. A letter from Gieger Excavating has
been received contesting these issues. The intent is to pursue options to
expedite the punch list. He is logging phone complaints as they arise and then
checking the punch list to be sure that on it. He stated that there is a
warranty on the project that Gieger Excavating has to honor. The focus is going
to be getting a contractor here to finish clean up whether it’s Gieger
Excavating or someone else.
He states that private homeowners need to be aware that private contractors need
to be responsible for anything that they tear up.
An inspector from Commonwealth Engineers went around this past winter video
taping to get a rough idea of what is left to be done.
Insurance Update
Robert Troll introduced Kelly Disser from Acordia Insurance Company. Mr. Disser
stated that the Town of Clear Lake is well insured for general liability
insurance except for one policy which was the Public Official’s Liability
Insurance, which was not renewed due to a series of lawsuits by one individual
over a short period of time.
The premium last year for this policy was under $2,000. Three claims have been
brought forth: (1) A suit was settled recently in court; (2) Court case pending;
a reserve of $20,000. (3) A lawsuit that incurred approximately $105,000. He
stated that with several claims, any underwriter is going to see the loss
history and will not view it as a risk but as a certainty.
Mr. Disser contacted Cincinnati Insurance Company that underwrites the Town of
Clear Lake’s other policies and requested that they consider writing a policy
for Director’s & Officers and Trustees type coverage.
President Robert Troll introduced the Director, Officers and Trustees policy.
The policy premium is as follows:
• One year
• Limit $1,000,000.00 (one-million dollars)
• $25,000.00 deductible (twenty-five thousand)
• $8,727.00 (eight thousand seven hundred twenty seven)
Jack McArdle moved for approval of the insurance policy. Seconded by Derold
Covell. Motion carried.
President Robert Troll recognized Mr. Rick Eckert who formulated and maintained
the web site and thanked him for his services.
Ordinance 298 ;Third Reading (Rainy Day Fund) Motion to dispense with rules and
read by title only was made by Jack McArdle, seconded by Derold Covell and the
motion passed. Jack McArdle moved approval of the second reading, Derold Covell
seconded, and the motion passes.
Ordinance 299; Second Reading, (Privately Owned Generator Hook-ups) Motion to
dispense with rules and read by title only was made by Derold Covell, seconded
by Jack McArdle and the motion passed.
Ordinance 296 ; Third Reading (Amend Zoning Ordinance) President Robert Troll
read Ordinance 296 in its entirety. Derold Covell made a motion to approve and
be placed on file. Seconded by Jack McArdle. Ordinance 296 was adopted.
Voucher Approval
#103 M & C Trenching $1,255.63
#104 Dan Strayer $ 698.38
#9133 Nipsco $1,375.66
#9138 Steuben County $ 803.00
#9139 Robert Bruick $ 325.00
#9140 David Gardiner $ 400.00
#9141 Town of Fremont $ 276.07
#9147 Perf $ 303.45
#9148 Midwest Billing $ 650.00
#9159 First National Bank Fremont $ 850.00
#9161 Nipsco $1,375.66
T1001 Joe Moore $ 400.00
T1002 David Gardiner $1,000.00
T1003 Robert Bruick $ 450.00
T1004 M & C Trenching $1,100.00
101 Town of Fremont $ 539.28
102 Storage Shed $ 550.00
105 Midwest Billing $ 652.50
107 M & C Trenching $3,420.45
927 National Serv-All $4,296.00
New Business
Resolution 5/10/04 (Contract with grinder control box inspectors) was introduced
by Robert Troll. A motion to approve the resolution was made by Derold Covell.
Seconded by Jack McArdle. Motion carried.
Resolution 5/10/04A (Transfer funds from General Fund to Rainy Day Fund) Motion
to approve the resolution was made by Derold Covell. Seconded by Jack McArdle.
Motion carried.
Robert Troll stated that due to the many contractors working in the area, the
roads will not be paved at this time. An outside contractor may be hired to
address the worst potholes.
The next council meeting will be June 14, 2004.
At 8:12 p.m., there being no additional new business, Jack McArdle made a motion
to adjourn. Derold Covell seconded. Motion Carried.
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Robert D. Troll, Council President
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Teresa Gardiner, Clerk Treasurer