Minutes of the November 8, 2004 Town Council Meeting
The Town Council meeting was called to order at 7:05 p.m. by Jack McArdle. Those
Present were Jack McArdle, President, Larry Armstrong, Anthony Kraus, Council
Members, Donald Stuckey, Town Attorney, Bruce Snyder, Zoning Director, and
Virginia Nye, clerk. Thirty eight people signed the guest register.
The minutes of the October 11 meeting were read by Jack McArdle. A motion to
approve the minutes as read was made by Larry Armstrong, seconded by Tony Kraus,
and the motion carried.
Jack McArdle announced that there will be a time limit of three minutes for
comments by the audience.
The financial report was given by Virginia Nye. Tony Kraus moved approval,
seconded by Larry Armstrong and the motion passed.
The Marshal’s report for the period October 11 – November 8 was given by Larry
Armstrong. Tony Kraus moved approval, seconded by Larry Armstrong, and the
motion carried.
Zoning Director Bruce Snyder gave the zoning report. He issued three improvement
permits during the last month. Larry Armstrong moved approval, with a second by
Tony Kraus and the motion carried.
Old Business:
Attorney Donald Stuckey reported that the federal lawsuit brought by Daniel
Hoagland, et al was dismissed and the motion for summary judgment was granted in
full, subject to right of appeal.
With regard to the Geiger lawsuit, the bonding company has requested additional
documents. There have been some overtures of compromise by Geiger.
New Business
The vacation of McLouth’s Plat was introduced and the proposed ordinance was
read by Jack McArdle. Don Stuckey circulated a plat of the area in question.
Certified notices have been sent by Bruce Snyder to the two abutting land
owners.
Jack McArdle opened the public hearing on the ordinance at 7:20 p.m.
Mike Long asked about utilities in the area. It was reported that utilities
including the sewer go through there. Steve Zachrich expressed the desire to
have the area kept open as a roadway.
At 7:30 p.m. Jack McArdle closed the public hearing. Tony Kraus moved approval
of the first reading of the Ordinance to Vacate the Platted Roadway in McLouth’s
Plat. Larry Armstrong seconded, and the first reading of the motion passed.
Greg Stalter, Municipal/Major Account Executive of BFI Waste Systems introduced
himself and expressed his company’s desire to submit a bid on the town’s
upcoming garbage disposal contract.
Jack McArdle introduced the ordinance to adopt the Franchise Agreement and grant
authority to the Clear Lake Town Board President to execute the Agreement on
behalf of the Town of Clear Lake. Since the franchise agreement is a
non-inclusive agreement, it was not required to be read. Motion to approve the
ordinance on first reading was made by Larry Armstrong, seconded by Tony Kraus
and the motion passed.
Ordinance second reading. Larry Armstrong made a motion to suspend the rules and
read the ordinance by title only, Tony Kraus seconded, and the motion passed.
Motion to approve the second reading was made by Tony Kraus, seconded the Larry
Armstrong and the motion passed.
Ordinance third reading. A motion to suspend the rules and read by title only
was made by Larry Armstrong, and seconded by Tony Kraus. The motion carried.
A motion to approve the third reading of the Ordinance to adopt the attached
Franchise Agreement and grants authority to the Clear Lake Town Board President
to execute the Agreement on behalf of the Town of Clear Lake was made by Larry
Armstrong, seconded by Tony Kraus, and the motion carried
Warrants to be approved. Motion to approve the attached list was made by Tony
Kraus, seconded by Larry Armstrong, and the motion passed.
Larry Armstrong made a motion to close the meeting at 7:45 p.m., seconded by
Tony Kraus, and the motion passed.
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John E. McArdle, President
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Virginia A. Nye, Clerk