Minutes Of The April 12, 2010 Town Council Meeting
The regular meeting of the Town Council of Clear Lake, Indiana was held at the
town hall on Monday, April 12th at 7:00 pm. Present were Council Members, George
Schenkel, Barry Worl and Alan Korte. Also present were Town Superintendent Bob
Hull, Zoning Administrator Bruce Snyder and Town Attorney Neal Blythe. There
were eleven citizens who signed the quest register.
Vice-President, George Schenkel called the meeting to order with the Pledge of
Allegiance.
George Schenkel asked for a motion to approve the minutes as presented from the
March 15, 2010 council meeting. The motion was made by Alan Korte to accept the
minutes as presented, seconded by Barry Worl, all in favor and the motion
passed.
Financial reports were presented by the Clerk-Treasurer for the month of March
stating the beginning and ending balances for cash and investments, receipts and
disbursements for the General Fund, Garbage Fund and Sewer Fund. This report is
attached to the minutes.
Vouchers for the month of March were as follows for the following funds:
General Fund $30,108.93
Garbage Fund 5,294.26
Sewer Fund 16,663.10
Total Amount of Vouchers $52,066.29
Warrants to be approved totaled $17,580.60
George Schenkel asked for a motion to approve the March Financial Report and
vouchers paid in March, plus the warrants to be paid in April, Barry Worl made
the motion to approve the reports as presented, seconded by Alan Korte, all in
favor and the motion passed.
REPORTS:
MARSHAL’S AND FIRE DEPARTMENT: For the Fire Department Barry Worl reported a
total of 44 calls for the month of March; one was a Medical Assist to the Town
of Clear Lake and two to Clear Lake Township.
Barry met with Eric Hufnagel from the Fremont Fire Department about placing
another dry-hydrant at Clear Lake. They are in the process of purchasing an
attachment to their rescue boat that would allow the boat to apply water from
the lake when fighting a fire. They have raised $5,500 and they need $10,000 to
purchase the attachment. If the town has funds to contribute the fire department
would like it to be put towards the purchase of the attachment. If the town does
not they would consider another dry-hydrant. The estimated cost of a dry-hydrant
is about $2,000.
The new police vehicle is nearly ready for patrolling. The deputies are working
to get the lights installed and then they will have the wiring done
professionally.
Golf cart registration stickers have arrived and one officer will be available
on Saturday mornings to inspect and register the golf carts.
ZONNG ADMINISTRATOR: Due to Bruce being on vacation the zoning administrator’s
report was given by George Schenkel.
For the month March there were no Improvement Location Permits issued. There was
one interior remodeling project reviewed and determined that no Permit was
required.
A stop work order was issued for 838 & 839 Lake Drive for various violation of
the UDO. The issues were resolved and the order rescinded.
An Administrative Subdivision Application was submitted to the Plan Commission
for property at 628 Lake Drive. The new survey and legal description has been
recorded in the Steuben County Records Office.
The Plan Commission on May 5, 2010 held a public hearing on a rezoning request
from the Clear Lake Township Land Conservancy to rezone 24.91 acres of land from
Agricultural to Conservation. Property is located north of Lake Drive and south
of County Road East 675 North.
TOWN SUPERINTENDANT – SEWER: For the month of March there were eight locates
requested, three alarm calls, 3 pumps were replaced or repaired. Average flow
was 27,636 gallon per day. An employee for M & C is loading sewer documents and
pictures on an old computer in the sewer barn for their use when working on the
grinders.
Letters will be going out to 50 plus home owners regarding the landscaping
around grinders that violate the ordinance prohibiting planting or structures
within five feet of the grinders.
STREET DEPARTMENT – Bob Hull reported that he spread two tons of limestone on
Prospect Street and used three ton of cold patch to fill potholes for the month.
He is working on a list of summer road repair projects and hopes to have it
ready for council’s approval next month.
Bob asked for the council to approve expending $1,225 to install a 12’ X 24’
approach to the new salt barn that also includes having the walls and floor
sealed.
After discussion from the council George Schenkel asked for a motion to accept
the quote of $1,225 for the concrete approach for the salt barn plus sealing the
concrete in the barn and the approach. Alan Korte made the motion, seconded by
Barry Worl, all in favor and the motion passed.
Bob has ordered 20 new swim buoys and they should be here in about three weeks.
GARBAGE: There are two small claims for garbage fees. There will be follow-up in
May.
UNFINISHED BUSINESS:
On the fence case regarding the Zoning Administrators decision on Mr. Hoagland’s
fence. Town Attorney, Neal Blythe had a meeting with Mr. Hoagland’s attorney,
Andrew Kruse and Judge Wheat and the judge suggested the town is close enough to
an agreement that this case would not need to go to trial. The attorneys are
still working on the wording for a settlement and Neal asked the town council
for the authority to go forward in pursuing a settlement. George Schenkel made a
motion for the Town Attorneys to continue settlement discussion with Mr.
Hoagland and his attorneys. The motion was made by Alan Korte, seconded by Barry
Worl, all in favor and the motion passed.
Other litigation concerns the sewer letters that went out on January 12, 2010.
The town attorney asked if the town council would like to go forward with the
next step and ask the court to compel those property owners who have not hooked
up to the towns sewer system after receiving their 90-day notice according to
state statue. There was discussion and Barry Worl made a motion to have our
attorney pursue the next step in having the court compel those property owners
who have not connected to the town’s sewer system to do so. The motion was
seconded by Alan Korte, all in favor and the motion passed.
NEW BUSINESS:
ORDINANCE 2010-03: 2nd READING AN ORDIANCE AMENDING A PORTION OF THE CLEAR LAKE
ZONING MAP
George Schenkel asked for a motion to read by summary only. The motion was made
by Barry Worl, seconded by Alan Korte, all in favor and the motion passed.
George Schenkel read Ordinance 2010-03 by summary only. George then asked for a
motion to approve the ordinance on the second reading. A motion was made by Alan
Korte to accept Ordinance 2010-03 on the second reading, seconded by Barry Worl,
all in favor and the motion passed.
WATER QUALITY COMMITTEE - Maryjo Fitzenrider gave an update on the phosphorus
ordinance. The state chemist’s office has denied the wavier for the Town of
Clear Lake to enforce Ordinance 2007-02 banning fertilizer containing phosphorus
in the Town of Clear Lake. The state chemist ruled that the wavier did not meet
“Special Circumstances”. Maryjo and Bill Schmidt, who is Maryjo’s counterpart on
the Water Quality Committee, had a meeting with Dr. Waltz in Indianapolis, but
he was not going to revisit his decision on the wavier.
George Schenkel thanked Maryjo for all of her efforts for the last two years.
George adjourned the meeting at 7:40 p.m.
George Schenkel, Council Vice-President
Kay A. Kummer, Clerk-Treasurer
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Comments from those in attendance:
Larry Armstrong has been appointed precinct committee person to replace Bob
Troll after Bob’s death in February and Chris Folland has been appointed
vice-precinct committee person. The primary elections will be held at the town
hall on May 4th and absentee voting is available at this time.
Larry and Bob Hull went to a Steuben County Economic Development Committee
meeting and their major concern in not doing anything to affect the quality of
the lakes in Steuben County.
Maryjo asked about meeting the candidates that are up for election in the May
primary.
Questions were asked about the fire boat that the Fremont Fire Department would
like to purchase an attachment for to fight fires. What to do when the lake is
frozen. Continue to pursue the dry-hydrant.
Emma Brown was happy to see that the Neighborhood Watch seems to be working
after the apprehension of two men who like to expose themselves to Clear Lake
citizens.
Emma Brown also asked if the Clear Lake Association going to donate for the swim
buoys?
Bruce Spangler asked again for the agenda to be posted on the website by Friday
before the council meeting.
Judy Troll asked what is happening on the island. Clean up has begun and dead
wood has been cut up for firewood and new trees have been planted. Will goose
eggs be oiled again this year to deter over population?
That was the end of discussions. Good Night.