TOWN OF CLEAR LAKE
MEETING MINUTES

Minutes Of The June 8, 2009 Town Council Meeting

The meeting of the Town Council was called to order at 7 p.m. with the Pledge of Allegiance led by President, Bob Lewis. Present were Council members George Schenkel, Sue Williams, Barry Worl and Alan Korte. Also present were Town Attorney, Neal Blythe, Town Superintendant, Bob Hull, Zoning Administrator, Bruce Snyder and Kay Kummer, Clerk-Treasurer. There were seventy people who signed the guest register.

Bob Lewis introduced new Council member Alan Korte with a brief biography and Kay Kummer as newly appointed Clerk-Treasurer.

A presentation was made by Robert Troll, representative of the Steuben County Developmental Council, to the Town of Clear Lake for outstanding commitment in supporting economic and community enhancement through their investment in the new town hall. Two photos of the Kasota Island were also presented.

Minutes of the May 11th meeting were read. A motion was made by George Schenkel and seconded by Sue Williams to approve the minutes as read. All in favor and the motion passed.

Financial reports were read, including the Cash & Investment Balances through May 2009 and the voucher registers for:
   General Fund $ 42,041.94
   Garbage Fund $ 49,353.86
   Sewer Fund $ 22,741.26

Total Vouchers $ 114,137.06

Warrants to be approved totaled $ 15,914.90 for the period from May 11 – June 8, 2009.

REPORTS

Barry Worl gave the Marshals & Fire Department Reports. The marshals reported
   1 Suspicious vehicle
   3 Back round checks
   3 HIN checks
   2 VIN checks
   2 assists for the Sheriff’s department
   2 thefts

Hours for the officers will be increasing in the town along with doing boat patrol with the Marine Patrol for the summer. Marshal Gonya is also working on a golf cart ordinance due to a new state law that takes effect July 1st which prohibits golf cart use on roadways unless the city or town adopts an ordinance.

The fire department reported 28 calls for the month of May with one Hazmat spill in the Town of Clear Lake on May 27th.

Bruce Snyder reported 3 Improvement location Permits issued in May. One application for a variance was filed to be heard before the Board of Zoning Appeals on June 15, 2009.

Bob Hull gave a report on the sewer locates, inspections or repairs and average daily flow. He discussed the problems with homeowners landscaping around and on top of the grinders. The town ordinance states that nothing is to be built in the 5 foot easement each side of the grinder. He will be working on notifying homeowners of this ordinance.

The new drain has been installed at 388 Lake Drive.

Bob also reported on the street repairs to be made this summer. At this time bids were opened from Brooks Construction for $50,590 and API for $58,230 to include the asphalt for Penner Drive, Elm Street to Fountain Beach Drive, Outer Drive at Channel Drive. A discussion followed regarding the specifications from both contractors. Because of the better application from API it was recommended their bid be accepted. George Schenkel made a motion to accept the bid from API, Barry Worl seconded, all in favor and the motion passed.

The Billing Clerks report stated that the Clear Lake Directory has been delivered and any errors should be reported to her and corrections made for next year. Laura also reported that garbage invoices are ready to be mailed as soon as the ordinance is passed. There is one small claims filing for a 2008 non-payment, all other residents have paid in full. There are a couple sewer liens that have been paid to the County and we are waiting for them to be processed.

UNFINISHED BUSINESS

1. ORDINANCE NO. 2009-4. AN ORDINANCE REPEALING ALL PREVIOUS ZONING AND SUBDIVISION CONTROL ORDINANCE AND MAPS AND ADOPTING A REPLACEMENT ZONING AND SUBDIVISION CONTROL ORDINANCE AND ALSO ADOPTING A COMPLETE REPLACEMENT ZONING MAP. Summary: This ordinance repeals all previous zoning and subdivision control ordinances and maps and adopts a replacement zoning and subdivision control ordinance, hereinafter known as the Unified Development Ordinance, and also adopts a complete replacement zoning map. Bob Lewis read the Ordinance Summary.

A motion was made by George Schenkel to recess the council meeting and have the public hearing, Sue Williams seconded, all in favor and the motion passed.

A motion was then made by Barry Worl to open the Public Meeting, Sue Williams seconded, all in favor and the motion passed.

There were 20 attendees who stood and made comments on the UDO. Positive and forward looking comments were made by 14 of the 20 who chose to make comments.

A motion was made by Barry Worl to close the public hearing, George Schenkel seconded, all in favor and the motion passed.

A motion was made by George Schenkel to resume the Council meeting and seconded by Sue Williams, all in favor and the motion passed.

George Schenkel made a motion to pass the Unified Development Ordinance 2009-4, second reading, seconded by Sue Williams, all in favor and the motion passed.

2. ORDINANCE 2009-3. AN ORDINANCE AMENDING ORDINANCE 251 TO INCREASE THE CHARGE FOR COLLECTION OF GARBAGE AND REFUSE.
Second reading: Bob Lewis read the ordinance by summary only.

A motion was made by George Schenkel to recess the council meeting and open the public hearing, seconded by Sue Williams, all in favor and the motion passed.

Questions were asked from two attendees regarding the rate increase. Discussion followed and there being no further questions or comments a motion was made by Barry Worl to close the public hearing, seconded by Alan Korte, all in favor and the motion passed.

A motion was made by George Schenkel to resume the Council meeting, seconded by Sue Williams all in favor and the motioned passed.

George Schenkel made a motion to pass ordinance 2009-3 on the second reading, Sue Williams seconded, all in favor and the motion passed.

A motion was made by George Schenkel to suspend the rules and vote on ordinance 2009-3 third reading, seconded by Barry Worl and the motion passed.

Sue Williams made a motion to pass the third reading of the Garbage Rate Ordinance 2009-3, George Schenkel seconded and the motion passed 5-0.

The Clear Lake Association had asked the Town for any special needs the 2009. It was suggested that they make a contribution to the Clear Lake Conservancy for the Water Quality Committee. The committee is in need of matching funds to qualify for a State Grant.



NEW BUSINESS

Bob Lewis read in its entirety Resolution 4-2009 to quit claim certain real estate adjacent to lot 8 Block 8 of the Arcadia Beach Addition and the paved roadways known as Channel and Outer Drive to the Town of Clear Lake, Indiana property to Richard and Marlene Metz. Said property is not being used as a roadway for the Town of Clear Lake and is being used by the owner or owners of Lot 8, Richard & Marlene Metz.

A motion was made by George Schenkel and seconded by Sue Williams to pass Resolution 4-2009 quit claiming the unused roadway to Richard & Marlene Metz, all in favor and the motion passed.

There being no comments from the attendees, the meeting was adjourned at 9:40 pm upon a motion by Barry Worl and seconded by George Schenkle, all in favor and the motion passed.


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Bob Lewis


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Kay A. Kummer