Minutes Of The June 14, 2010 Town Council Meeting
The regular meeting of the Town Council of Clear Lake, Indiana was held at the
town hall on Monday, June 14, 2010 at 7:00 p.m. Present were Council Members,
Bob Lewis, Sue Williams, Barry Worl and Alan Korte. Also present were Town
Superintendent Bob Hull, zoning Administrator Bruce Snyder and Town Attorney
Neal Blythe. There were twenty-two citizens who signed the guest register.
President, Bob Lewis called the meeting to order at 7:00 p.m. with those in
attendance standing to recite the Pledge of Allegiance.
Bob Lewis asked for any additions or corrections to the May 10th minutes. There
being none, Bob asked for a motion to accept as presented. Alan Korte made the
motion to accept the minutes as presented, Sue Williams seconded, Bob Lewis,
Alan Korte, Barry Worl, Sue Williams voted to accept the minutes, George
Schenkel abstained due to his absence in April.
In the absence of the Clerk-Treasurer, George Schenkel presented the Treasurer’s
Report for May stating the beginning and ending balances for cash and
investments, receipts and disbursements for the General Fund, Garbage Fund and
Sewer Fund. The report is attached to the minutes.
George Schenkel also presented the Vouchers for the month of May for the
following funds:
General Fund
$19,594.43
Garbage Fund
7,893.80
Sewer Fund
15,472.79
Total Amount of Vouchers
$42,961.02
Warrants to be approved totaled $10,844.50
Bob Lewis asked for a motion to approve the May Treasurer’s Report and Voucher
Register in addition to the warrants to be paid in June. Barry Worl made the
motion to approve the Financial Reports as presented, Alan Korte seconded, all
in favor and the motion passed.
REPORTS
Marshal’s Report – Barry Worl reported for the
Marshal that they have been busy during the month issuing about 30 golf cart
permits. The boat is in the water and has been used by our officers and the
Marine Patrol from the Sheriff’s Department. The new police vehicle has been
used in the evenings/ late night and early morning adding several hundred miles.
The Sheriff’s Department also responded to Clear Lake for on residential alarm
and two public beach complaints. Two minors were arrested for consuming alcohol
at the beach.
The report is attached for further details.
Fire Department – Barry Worl reported for the fire
marshal that there were 54 calls for the month of May with three calls to the
Town of Clear Lake and four in Clear Lake Twp.
Building & Zoning Report – Bruce Snyder reported
that there were no Improvement Location Permits issued for the month of May. One
remodeling project was review and no permit was required. A violation of the
erosion control/silt fencing requirement at 838 & 839 was sent and was
immediately corrected. A violation at 186 Lake Drive and 122 Outer Drive was
determined to exist and the projects were voluntarily stopped.
Conferences were held with nine property owners concerning the UDO and its
application to their project.
The Board of Zoning Appeals will meet on June 21, 2010 to review variance
requests from Clear Lake Marina and Clear Lake Yacht Club, both for patios to be
built in the lake yard set-backs.
Sewer Department – Bob Hull reported during the
month of May there were 11 locates, 9 alarm calls, 2 pumps replaced or repaired,
and the average flow was 34,718 gallons per day.
All air releases have been cleaned between Clear Lake and Fremont and the system
if working well.
Street Department – Bob Hull reported that the
engineers have staked the project for 2010 and are working on the drainage and
drawings at this time. The project should be ready for bid by the next Council
Meeting.
Easement drawings for 374 Lake Drive are complete and the drainage pipe will be
installed as soon as the easement papers are signed and recorded.
The county drain at 318 Lake Drive has been cleared by the county and is flowing
again. The town has cleared the culvert at 574 Lake Drive of branches and it is
now flowing.
The dead-end street on the west side of the channel has been determined to be a
private drive. A copy of the deed from the recorders office shows that Floren
Place Circle is a 20” common private road by deed, recorded May 21, 1962. There
was no documentation found that the Town has ever accepted the road for
operation and maintenance. The street is not in our road inventory for tax money
for maintenance.
Billing Clerk – Bob Hull reported for Laura that we
had one small claim on May 25th and the property owners did not appear. We will
be going back to Small Claims on July 15th and then a bench warrant will be
ordered.
Sewer collections are going smoothly. The County should be sending out sewer
lien payments later this month as tax billing was on time this year.
UNFINISHED BUSINESS
1. Litigation – Neal Blyth reported that there was a hearing before Judge Brown
in LaGrange that resolved some of the discovery issues that will hopefully
result in a summary judgment. Sue Williams was present representing the Town.
There was a deposition in the alleged inverse condemnation concerning the sewer
pipes. The case is scheduled for September and should be resolved at that time.
George Schenkel was present representing the town.
Lawsuits to compel connection to the sewer went out on June 10th and they have
23 days from the day the lawsuit is filed. By early July the attorney should
have a reply on the lawsuits.
We are waiting on the judge to dismiss the fence case.
2. ORDINANCE 2010-05: 2ND READING AN ORDIANCE AMENDING A PORTION OF THE CLEAR
LAKE ZONING MAP
Bob Lewis read Ordinance 2010-05 in its entirety and asked the council to
approve the ordinance on the second reading. Sue Williams made a motion to
approve Ordinance 2010-05 as presented on the 2nd reading, Alan Korte seconded,
all in favor and the motion passed.
ORDINANCE 2010-05: 3RD READING AN ORDINANCE AMENDING A PORTION OF THE CLEAR LAKE
ZONING MAP
Bob Lewis read Ordinance 2010-05 in its entirety and asked the council to
approve the ordinance on the 3rd reading. Alan Korte made a motion to approve
Ordinance 2010-05 as presented on the third reading, George Schenkel seconded
and the motion passed.
3. ORDINANCE 2010-04: 2ND READING AN ORDINANCE AMENDING CLEAR LAKE ORDINANCE
2009-06 REGULATING THE USE OF GOLF CARTS.
Bob Lewis read the ordinance in its entirety and asked for a motion to close the
public meeting and open the public hearing. George Schenkel made the motion to
close the public meeting and open the public hearing, Sue Williams seconded the
motion and the motion passed.
Bob Lewis opened the floor for discussion. There being no discussion Bob Lewis
asked for a motion to close the public hearing and open the public meeting. A
motion was made by Barry Worl to close the public hearing and open the public
meeting.
Bob Lewis asked for a motion to accept Ordinance 2010-04 amending the Clear Lake
Ordinance 2009-06 regulating the use of golf carts. Alan Korte made a motion to
accept the ordinance, George Schenkel seconded, all in favor and the motion
passed.
NEW BUSINESS
1. Heritage Committee Report – Bonnie Brown. Bonnie reported that the history
books have been delivered and noted the locations where they can be purchased.
2. Water Quality Committee Report – Annie Skinner. The feasibility study is now
complete for the Cyrus-Brouse Ditch and there are nine best management practices
to use as land owner buy-ins are acquired and grants become available. There are
no land owners at this time.
There have been several County Roads that have been identified upstream of Clear
Lake that the County Highway Dept. may be able to chip & seal to prevent erosion
and sediment from flowing into Cyrus-Brouse and thus into Clear Lake. The
committee will be attending the County Commissioners meeting to see if this is a
possibility.
Consultants have also been working on identifying wet areas and wetlands around
the lake. Their report has not been received as yet.
3. Board of Zoning Appeals – Bob Lewis reported that because of a variance
request from the Clear Lake Yacht Club several of the BZA members have had to
recues themselves from this hearing because they are members of the Yacht Club.
Alternates who have been appointed are Larry Armstrong, Ken Goeckel and Barb
Disser.
4. Public Street vs. Private Drive. Discussion continues on the status of the
portion of Lake Drive on the northeast portion of the lake from #416-464.
Research will continue to help to make a determination.
5. Tornado Sirens. The three sirens on the lake are in need of repair or
replacement.
Bob Lewis asked for a motion to adjourn the meeting at 8:50 p.m. A motion was
made by George Schenkel to adjourn the meeting, seconded by Alan Korte, all in
favor and the motion passed.
Robert E. Lewis, Council President
Kay A. Kummer, Clerk - Treasurer