July 12, 2004
The July 12, 2004 Town Council meeting at St. Paul’s Chapel was called to order at 7:02 p.m. by Robert Troll, President. Also present were Derold Covell, Council Member, Jack McArdle, Council Member, Teresa Gardiner, Clerk Treasurer, Richard Lehman, Town Marshal, David Gardiner, Zoning Inspector, and Donald Stuckey, Town Attorney.
Minutes Approval: The clerk read the minutes of June 14 council meeting. Derold Covell made a motion for approval of the minutes and be placed on file. Seconded by Jack McArdle. Motion carried.
Marshal’s Report: Dick Lehman gave the marshal’s report for the period, June 14 to July 12. Derold Covell moved for approval and be placed on file. Jack McArdle seconded the motion. Motion carried.
Zoning Report: David Gardiner, Zoning Inspector, gave the zoning report. Report placed on file. He also submitted his letter of resignation as Zoning Inspector, effective July 26, 2004.
Old Business
Sewer Update: Mark Sullivan, from Commonwealth Engineers, presented a summary of all invoices from the beginning of the project to date from both the grant and loan accounts. He stated that all of the money earned by Geiger and either money the town paid out or retained that $20,993.00 needs to be claimed by the state. Commonwealth Engineers is reclaiming that money and will go to the retainage amount so the town will have control of that money. The claim vouchers for the $20,993.00 were two-fold. The SRF Fund $11,179.00 which will leave a $0.00 balance. The rest of the money will come out of the Grant money, $9,754.21. Mark also submitted a final quantities change order (Actual construction) in the amount of $55,546.18. Derold Covell made a motion to pay these vouchers in the amount of $20,993. And zero out the balances. Seconded by Jack McArdle. Motion carried. A motion to approve the final quantities change order #3 in the amount of $55,546.18 (reduction) was made by Jack McArdle. Seconded by Derold Covell. Motion carried.
Geiger Excavating Lawsuit: Don Stuckey, Town Attorney, reported that the Town’s position is that the liquidated damages outweigh the amount due. A notice of 10 days was submitted by an attorney affiliated with Commonwealth Engineers to Geiger Excavating to respond. If, thereafter, there being no response, the Town will have access to the Escrow Account.
Robert Troll read Resolution 7-12-2004 Termination of Contract for Geiger Excavating) in its entirety. Motion to approve the resolution was made by Jack McArdle. Seconded by Derold Covell. The resolution was adopted.
Voucher Approval for the July 12 meeting. Jack McArdle moved for approval and be placed on file. Seconded by Derold Covell. Motion carried.
Voucher Approvaled
9225 St. Paul’s Catholic
Church $ 500.00
9266 Acordia
$5,699.00
9227 Donald
Stuckey $ 906.25
9228 Umbaugh &
Associates $2,624.62
119 M&C
Trenching $6,839.80
120 Robert Bruick
$ 525.00
121 David Gardiner
$ 725.00
122 Midwest
Billing
$ 660.00
124 Umbaugh &
Associates $1,500.00
125 U.S.
Filter $4,628.70
128
Commonwealth $2,216.90
Clear Lake Island Survey: Paul Federspiel, President of The Clear Lake Township Land Conservancy reported the recent survey that was conducted in regards to the proposed purchase of the island. He stated that 598 surveys were distributed with 323 responses returned to date.
Garbage Service: Council President Robert Troll stated that National Serv-All’s parent company, Republic Waste Services will now be operating from Kalamazoo, MI.
Cablevision Service: Town Attorney Don Stuckey reported that Mediacom will begin providing cable service to residents of Clear Lake by the end of the year. They will not have an exclusive contract.
New Business
Bob Hine thanked the town council for their support of the Lion’s Club 5K and 10K Run for the Blind that was held July 10.
At 8:04 p.m. there being no additional business, a motion to adjourn was made by Jack McArdle. Seconded by Derold Covell. Motion carried.
Robert Troll, President
Teresa Gardiner, Clerk Treasurer