TOWN OF CLEAR LAKE
MEETING MINUTES

Minutes of the June 9, 2008 Town Council Meeting

The Town Council meeting was called to order at 7:00 p.m. by Larry Armstrong, President of the Council. Present also were Council members Bob Lewis, Sue Williams, and Paul Federspiel. Virginia Nye, Clerk Treasurer, Bob Hull, Town Superintendent, Eric Weber and Neal Blythe, Town Attorneys were also present.

Minutes of the May 12, 2008 meeting were read by Virginia Nye and approved by the Council upon a motion by Sue Williams, and a second by Bob Lewis.

The Voucher Register expense totals at May 31 are as follows: General Fund, $22,119.91, Garbage Fund, $6,555.84, and Sewer Fund, $17,662.32, for a total of $46,338.07. Warrants to be Approved total $25,179.63. Paul Federspiel made the motion to approve the financial report, Sue Williams seconded, and the motion was approved.

Fremont Fire Department had 38 runs, none of which were within the Town of Clear Lake.

Bruce Snyder, Zoning Director, reported no pending ILPs. BZA has scheduled a meeting on Monday, June 16.

Bob Hull, Superintendent, requested decisions on the following projects:

Bob introduced two quotes to resurface Lake Drive between Co. Rd. 850 and Chapel Drive.
   Brooks $23, 985.00
   API $24,395.00
Paul Federspiel made a motion to approve the Brooks proposal, Bob Lewis seconded, and the motion passed

Install a new drainage line at 524 Lake Drive south of the bridge.
   Crawford Excavating for $5,013.00
   M&C Trenching for $4,775.00
Following discussion, Bob Lewis made a motion to approve M&C Trenching contract for $4,775, Sue Williams seconded, and the motion passed.

Bob introduced two quotes for the doors for the new building.
  Bradley Overhead Door Doors and operators $ 8,463.50
  Michiana Door Corp. Doors and operators $10,075.00
Paul Federspiel made a motion to approve the Bradley Overhead Door proposal, Bob Lewis seconded, and the motion passed.

Bob recommended payment of a draw of approximately $24,000 for Shetler Builders for labor and material on the utility building. Sue Williams made the motion to approve the payment, Bob Lewis seconded, and the motion passed.

Bob then read Laura’s report. She asked the Council to authorize her to write off some balances of a few pennies. Paul Federspiel made the motion to eliminate pennies, Sue Williams seconded, and the motion passed.

John Gonya reported on the problems with break-ins at Clear Lake and four of the boys involved were present to talk to those people at the meeting and apologize for their participation in the events. Each of the boys made an apology for his actions and said he was sorry for what he had done.

The Council voted to accept the reports upon a motion by Bob Lewis, and second by Sue Williams.

OLD BUSINESS

Erik Weber and Neal Blythe, town attorneys, discussed the status of pending litigation, including litigation including helicopter case, trespass case, deck that was removed, also BZA ongoing litigation. None has been settled.

Marshal Lehman has requested transfer of his case to Noble County Court. Terrace Gardens case is still pending.

NEW BUSINSSS

Ordinance 2008-1. ANIMAL ORDINANCE. SECOND READING. Following discussion, Paul Federspiel made a motion to table the Animal Ordinance at this time. Bob Lewis seconded and the motion passed.

ORDINANCE 2008-2. FIREWORKS ORDINANCE. SECOND READING AND THIRD READING. Larry Armstrong suspended the rules and opened a public hearing. Discussion followed on state statutes and limits for fireworks. The public hearing was then closed and Armstrong asked for a motion to pass on the second reading of the ordinance. Bob Lewis made a motion to pass the second reading by title only, Paul Federspiel seconded the motion, and the motion passed.

Bob Lewis made a motion to suspend the rules and pass the Fireworks Ordinance by title only on the third reading, Sue Williams seconded the motion and the motion passed.

Sue Williams then made a motion to pass the third reading of the Fireworks Ordinance, Bob Lewis seconded, and the motion passed.

ORDINANCE 2008-3. PARKING ORDINANCE. SECOND READING. Larry Armstrong suspended the rules and opened a public hearing. Sometimes service trucks cannot get around parked vehicles. There are instances of construction needs for a road to be closed. In that case, a call to Bob Hull or John Gonya to notify them of the situation, they would need one day’s notice. Mike Long said that utilities are exempt from road closing regulations. Bass fishermen also line the roads and make passing difficult. Hearing closed.

Second Reading of ORDINANCE 2008-3. Paul Federspiel made a motion to pass 2008-3, with a second by Bob Lewis, and the motion passed. The request was made to bring proposed changes in the language to the July meeting.

ORDINANCE 2008-4. SEWER PERMIT FEE ORDINANCE. SECOND READING. Ordinance discussion. Purpose of the ordinance is the raise the sewer permit fee from $100 to $200. When asked, Bob Troll said that at the time the ordinance was originally passed it was important to raise money. The meeting was reconvened for the Second Reading. Paul Federspiel made the motion to approve the second reading, Bob Lewis seconded, and the motion passed.

ORDINANCE 2008-5. MILEAGE RATE ORDINANCE. SECOND READING. Bob Lewis made the motion to approve an increase in the auto mileage rate and link it to the Federal rate for future increases/decreases, Paul Federspiel seconded, and the motion passed.

NEW BUSINESS

Larry Armstrong closed the general meeting and opened the discussion of the need to close the Sewer Construction Fund current balance of account to Sewer Improvement Fund. Larry asked for a motion to make the transfer. Bob Lewis made the motion to transfer the balance from the Construction Fund to the Sewer Improvement Fund, Paul Federspiel seconded and the motion passed.

The meeting was adjourned at 8:30 p.m.


______________________________________
Larry Armstrong, President


______________________________________
Virginia Nye, Clerk










BALANCES ON THE 12/31/07 WASTEWATER UTILITY FUNDS

   WASTEWATER UTILITY – OPERATING                                              495,948.95

   WASTEWATER UTILITY – BOND AND INTEREST                                5,549.15

   WASTEWATER UTILITY - DEBT SERVICE RESERVE                        261,826.91

   WASTEWATER UTILITY – IMPROVEMENT                                        227,831.58

                                                                                                         TOTAL 991,156.59