TOWN OF CLEAR LAKE
MEETING MINUTES

Minutes of the April 10, 2006 Town Council Meeting

The April 10, 2006 Town Council meeting was called to order at 7:05 p.m. by Jack McArdle, President. Also present were Larry Armstrong and Tony Kraus, Councilmen, Virginia Nye, Clerk Treasurer, Bruce Snyder, Zoning Inspector, Robert Hull, Town Superintendent, and Erik Weber and Neal Blythe, Town Attorneys.

The minutes of the March 13, 2006 meeting were read by Virginia Nye. The minutes were corrected to read Geiger vs. Town of Clear Lake. Tony Kraus moved approval, Larry Armstrong seconded and the motion passed.

The financial report for March was read by Virginia Nye, followed by the warrants to be approved at the Council Meeting. Tony Kraus moved approval of the financial report, seconded by Larry Armstrong, and the motion passed. The warrants to be approved were read. There was $2,003.75 in General Funds, $762.16 in MVH Funds, and $31,368.26 in Sewer Funds, making a total of $34,134.17 to be approved. Tony Kraus moved approval, Larry Armstrong seconded and the motion passed.

The Marshal’s and the Fire Department reports were given by Larry Armstrong.

Bruce Snyder, Zoning Inspector reported that there were five Improvement Location Permits issued from February 14 to April 10. On February 21 the Board of Zoning Appeals held its regularly scheduled meeting and heard three applications for Developmental Variances. Two were approved and one was denied. On March 11th , 2006, the BZA denied a request for a hearing filed by Daniel and Karen Hoagland et al. over the issuance of ILP 1503 to James and Cathleen Nevin for the construction of a new garage.

Bob Hull reported that preliminary plans are complete and ready for council review for the repair of Lake Drive north of the Clear Lake Yacht Club. The project, consisting of raising the road as much as 1.2 feet, cleaning the drainage ditch and cleaning or replacing the culvert, is estimated to cost around $40,000 and recommended that we proceed. Larry Armstrong recommended that we proceed with the project, Tony Kraus seconded, and the motion carried.

Bob Hull said he would also like to start engineering for street and drainage work in the area near 176 Lake Drive that always floods. Larry Armstrong recommended that the town proceed with that project and to accept the report, seconded by Tony Kraus, and was approved.

Erik Weber reported on the legal matters before the Council, including the Hoagland lawsuits, annexation on Round Lake, Road Cut permit ordinance which will be presented in May, town hall real estate purchase, remaining unconnected sewer connections, Geiger Lawsuit, Clear Lake Island Development, Beach Rezoning and Satellite Ordinance repeal.

Bill Geiger’s town hall report was postponed to the May meeting.

David Koenig, Region III-A, reported that the Comprehensive Plan needs to develop a working committee. The Plan calls for three public hearings to be scheduled. There is a need to develop a working committee, to be composed of 15 to 18 people at the most. David Koenig would like to meet with this group in May. The committee needs to develop a draft plan by September, with the plan to be final in November. The committee could meet during weekday, evening, or Saturday morning, the time to be chosen by the committee. During 2007 the Committee would develop zoning and subdivision control ordinances.

Jack McArdle introduced the first reading of Ordinance 2006-1, An Ordinance Vacating a Portion of Prospect Street, Town of Clear Lake. He then recused himself and turned the meeting over to Tony Kraus who read the ordinance to authorize vacation of a portion of the approximately 60 foot wide platted roadway known as Prospect Street. Larry Armstrong made a motion to approve the first reading, Tony Kraus seconded and the motion passed.

The Council meeting then went into recess to go into a public hearing.

PUBLIC HEARING (See separate minutes for the Public Hearing)

Following the public hearing, Larry Armstrong made a motion to table Ordinance 2006-1 until the June 12 meeting. Tony Kraus seconded and the motion passed.

Greg Brown, Steuben County Lake Council, reported that the Lakes Council has material and information on keeping lakes in good shape. They are also coming out with a Lakes magazine.

Bob Hine reported that the Lions Club will continue their work to reduce the number of geese on the lake and will sponsor 5-10K race July 8.

At 8:14 p.m., Tony Kraus made a motion to adjourn, Larry Armstrong seconded, and the motion passed.

__________________________________________
John E. McArdle, President

__________________________________________
Virginia A. Nye, Clerk Treasurer


********

PUBLIC HEARING ON ORDINANCE 2006 – 1

April 10, 2006


The meeting was called to order by Tony Kraus, who suggested that the hearing be tabled based on three issues:

1) An opinion is needed on a document recently uncovered by a title company during a document search on the portion of Prospect Street proposed to be vacated suggesting the intersection of Prospect Street and Lakeside Drive had been previously vacated. A staked survey will be ordered to locate the intersection.

2) Hearing Notice. The Legal Notice for the public hearing was published in the Evening-Star instead of the Herald Republican.

3) Council asked the BZA to rehear the McArdle’s Developmental Variance Request so the BZA could reevaluate the variance request for the new information.

Tony Kraus requested the BZA consider holding a special BZA hearing to hear the matter prior to the June 12th Council meeting when the Public Hearing would resume. Notices would be sent to all affected parties.

Tony Kraus made a motion to continue the Public Hearing to June 12. Larry Armstrong seconded and the motion passed.


_____________________________________
Anthony Kraus, Clear Lake Town Council

_____________________________________
Virginia A. Nye, Clerk Treasurer

********

Executive Session Minutes

April 10, 2006

The Town Council met at 8:35 p.m. in Executive Session with Erik Weber and Neal Blythe, town attorneys.

No formal votes were taken.

Meeting was adjourned at 9:00 p.m.


_______________________________________
John E. McArdle, President


_______________________________________
Virginia A. Nye, Clerk Treasurer

********