Minutes Of The July 13, 2009 Town Council Meeting
The regular meeting of the Town Council was called to order at 7 p.m. July
13, 2009 by standing and saying the Pledge of Allegiance led by President, Bob
Lewis. Present were Council members George Schenkle, Sue Williams, Barry Worl
and Alan Korte. Also present were Town Attorney, Neal Blythe; Town
Superintendent, Bob Hull; Zoning Administrator, Bruce Snyder and Kay Kummer,
Clerk-Treasurer. There were thirty-one visitors who signed the guest register.
Minutes of the June 8th, 2009 meeting were read and approved by the Council,
upon the motion to approve made by George Schenkel and second by Barry Worl.
Financial reports included the Voucher Register for:
General Fund
$17,854.01
Garbage Fund
9,169.79
Sewer Fund
23,501.44
Total Voucher Amount $50,525.24
Warrants to be approved totaled $87,305.86
There was no Cash Receipts and Disbursements Report for the month of June.
REPORTS
Barry Worl gave the Marshals Report and the Fire Department Reports for the
month of June.
There were 3 thefts, 3 VIN checks, 2 HIN checks, 1 criminal mischief and 2
fireworks complaints to the Marshal. There were 35 calls made by the Fremont
Fire Department, none in the Town of Clear Lake.
John Gonya did report on the police radios. The FCC has re-banded the police
radios making the ones that the Town of Clear Lake now has obsolete. The Federal
government allotted new radios and Clear Lake received one for the town. For the
town to have a radio in reserve, John has offered to sell his personal police
radio to the town for $3,000. The Clear Lake Association contribution this year
of $1,500 will go toward the purchase of this radio, leaving the balance to be
paid by the town General Fund.
Barry Worl commended on the job that the Police have done at the lake.
Bruce Snyder reported 3 Improvement Location Permits issued for the month of
June. At the June 15, 2009 Board of Zoning Appeals hearing three of the four
Variance appeals were granted.
A stop work order was issued at 141 Terrace Drive for failure to have an ILP. A
permit was obtained and the order was lifted.
Bob Hull reported there were 16 locates on the sewer, 25 pumps replaced or
repaired, inspections or service calls on 20 grinders and the average daily flow
was 56,733 GPD.
During 4th of July week-end we had 4 grinder-pump failures and all others worked
fine. All of the air relief valves on the main line into Fremont have been
cleaned and inspected. M & C is working on the air relief valves around the lake
at this time and should be finished soon.
Street repair has been finished by API. The work was billed at the contract
quote. With help from M & C Trenching and Zachary Farquhar, 75 tons of stone and
gravel were placed along the edges of the new asphalt.
The roadsides have been mowed, one sign replaced and potholes patched in June.
Carper Farm Supply sprayed for mosquitoes at the end of June.
Bob Hull also discussed ways to help prevent grinder malfunctions for when
residents who are not at the lake in the winter months. Flushing the grinders
with fresh water for 20-30 minutes before shutting off the water and my keeping
the vent holes clear under the lid of the grinder would help.
Neal Blythe reported on the Hoagland property sewer trespass litigation. That
case is coming to an end. The town attorney’s are waiting on Judge Wheat to rule
on fence case. Mossier property judgment may impact the outcome.
ORDINANCE 2009-4. ORDINANCE REPEALING ALL PREVIOUS ZONING AND SUBDIVISION
CONTROL ORDINANCES AND MAPS AND ADOPTING A REPLACEMENT ZONING AND SUBDIVISION
CONTROL ORDINANCE AND ALSO ADOPTING A COMPLETE REPLACEMENT ZONING MAP.
Bob Lewis read the ordinance in its entirety and asked for questions. There
being none, George Schenkel made a motion to accept Ordinance 2009-4, Sue
Williams seconded, all in favor and the motion passed.
Bill Geiger will be holding meetings on July 23rd and August 13th and 27th
regarding the UDO. If there are further questions they need to be submitted in
writing before the next meetings.
The job descriptions for the Town Superintendent and Billing Clerk were
discussed. A motion was made by Sue Williams to accept the job description for
both the Town Superintendent and Billing Clerk at this time, it was seconded by
Barry Worl, all in favor and the motion passed.
The maintenance agreement with Ground Rules, Inc. was read and discussed.
A motion was made by George Schenkle to accept the agreement, seconded by Alan
Korte, all in favor and the motion passed.
A petition was brought to the Council by Richard & Marlene Metz asking that the
road that goes through their property be vacated. The Steuben County Recorder
could not record the Quit Claim Deed issued at the June 10, 2009 meeting by
Resolution 02-2009 because there was no parcel number assigned to the property.
Therefore Richard & Marlene Metz have come to the council to ask for relief by
way of vacating the public right-of-way. President Bob Lewis for comments and
Marlene Metz stated that the roadway does not affect any neighbors and it has
not been used as a public roadway since before they purchased the property in
the early 1970’s.
A motion was made by Barry Worl to close the public meeting and open the public
hearing for discussion of ORDIANACE 2009-05, it was seconded by Sue Williams,
all in favor and the motion passed.
President, Bob Lewis asked for questions from the attendees. Jerry McArdle asked
if it was a Quit Claim Deed and Neal Blythe explain that it is an ordinance. A
quit claim deed was issued in 2007, but never acted upon. Now the Metz’s have
another buyer and find that a public right-of-way still goes through their
property.
Bob Hine thanked all of the people who assisted the Lions Club, both financially
and physically with their 10K run on 4th of July weekend. They had almost 200
entries and it was very successful.
Jim Skinner #416 explained that the Town Council had to vacate a street under
their guest house at the time they were purchasing the property, so that a
precedent had been established.
Leo Helmuth, #182 questioned property assessed value of properties around the
lake.
Neal Blythe explained the reason for the Ordinance vs. a quit claim deed. The
auditor would not record the quit claim deed because there was not a parcel
number therefore no one had owned it.
There being no further discussion on the vacation of the public roadway, a
motion was made by Sue Williams to close the public hearing and open the public
meeting, seconded by George Schenkel, all in favor and the motion passed.
FIRST READING, ORDINANCE 2009-5. AN ORDINANCE VACATING A PORTION OF THE PLATED
RIGHT OF WAY KNOWN AS TERRACE DRIVE TOWN OF CLEAR LAKE. This ordinance
authorizes the vacation of a portion of the platted right of way, known as
Terrace Drive, Town of Clear Lake, Indiana. The Town of Clear Lake will be
vacating a portion of the platted Terrace Drive as legally described in “Exhibit
A” attached hereto, located within the Boundaries of the Town of Clear Lake,
Indiana and shown on the survey attached hereto as “Exhibit B”.
Bob Lewis read the ordinance in its entirety. Bob asked for questions. There
being no further questions Bob asked for a vote to approve on the first reading.
Barry Worl made a motion to approve Ordinance 2009-5 on the first reading,
seconded by Alan Korte, all in favor and the motion passed.
Bob Lewis asked for a motion to close the public meeting and open the public
hearing on the ordinance to vacate. George Schenkel moved to close the public
meeting and open the public hearing, Sue Williams seconded, all in favor and the
motioned passed.
Bob Lewis asked for questions from the public. There being no further questions
Bob Lewis asked for a motion to close the public hearing and open the public
meeting on the ordinance to vacate. George Schenkel moved to close the public
hearing and open the public meeting, Sue Williams seconded, all in favor and the
motion passed.
Bob Lewis asked for a motion to suspend the rules and proceed with the second
and third reading immediately on the ordinance to vacate. Barry Worl made a
motion to suspend the rules and continue with the second and third reading of
Ordinance 2009-5 Alan Korte seconded, all in favor and the motion passed.
SECOND READING, ORDINANCE 2009-5. AN ORDINANCE VACATING A PORTION OF THE PLATED
RIGHT OF WAY KNOWN AS TERRACE DRIVE TOWN OF CLEAR LAKE. This ordinance
authorizes the vacation of a portion of the platted right of way, known as
Terrace Drive, Town of Clear Lake, Indiana. The Town of Clear Lake will be
vacating a portion of the platted Terrace Drive as legally described in “Exhibit
A” attached hereto, located within the boundaries of the Town of Clear Lake,
Indiana and shown on the survey attached hereto as “Exhibit B”.
Bob Lewis read the Ordinance in its entirety and asked for a motion to pass the
ordinance to vacate on the second reading. George Schenkel made a motion to pass
Ordinance 2009-5 on second reading, seconded by Alan Korte, all in favor and the
motion passed.
THIRD READING ORDINANCE 2009-5. Motion was made by George Schenkel to suspend
the rules and read by summary only, seconded by Alan Korte, all in favor and the
motion passed.
THIRD READING, ORDINANCE 2009-5. AN ORDINANCE VACATING A PORTION OF THE PLATED
RIGHT OF WAY KNOW AS TERRACE DRIVE TOWN OF CLEAR LAKE. This ordinance authorizes
the vacation of a portion of the platted right of way, known as Terrace Drive,
Town of Clear Lake, Indiana. The Town of Clear Lake will be vacating a portion
of the platted Terrace Drive as legally described in “Exhibit A” attached
hereto, located within the boundaries of the Town of Clear Lake, Indiana and
shown on the survey attached hereto as “Exhibit B”.
Sue Williams made a motion to accept Ordinance 2009-5 on the third reading, Alan
Korte seconded the motion, all in favor and the motion passed.
Richard and Marlene Metz expressed their gratitude for the passing of Ordinance
2009-5 vacating the portion of Terrace Drive facilitating the sale of their
property.
Bonnie Brown discussed the progress of the Clear Lake History Book and thanked
those who have helped with this endeavor. Gift certificates are available and
the committee is also asking for Family sponsors to help in the financing of the
book.
There is also a photo contest for the cover of the book entitled “Beauty of
Clear Lake through your Eyes”. There is a five picture limit. Pictures and
stories should be turned in by Labor Day.
Calendars are still available for $10 at the Town Hall, Clear Lake Marina the
Pub, the General Store and Bakers Acres.
Colored maps are also available to be ordered.
Bob Lewis reported that 22.5 acres from Strong Development Properties have been
donated to the Clear Lake Conservancy located on the west side of Clear Lake.
The next Council meeting will be held on August 10, 2009 pm. At 8:00 pm, a
motion was made by Sue Williams to adjourn the public meeting, seconded by Barry
Worl, all in favor and the motion passed.
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Robert Lewis, President
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Kay A. Kummer, Clerk