November 8, 2022 at 8:00 PM - Village of Kenesaw - Board of Trustees Meeting

Discussion:  Chair Kroos called the meeting to order at 8:01 p.m.  In attendance:  Assistant Chair Knuth, Trustee Uden and Trustee Higel.  Others present:  Village Superintendent- Casey Hughes, Village Clerk/Treasurer- Shelley Dick, Kenesaw Village Planning & Zoning - Henry Wilson, Village Attorney - Shon Lieske, Olsson - Brian Fredriechson, Adams County Planning & Zoning - Judy Mignery, McM Law Office, L.L.C.- Dan McMahon, Residents - Amy Parker, Brad Parker, Jimmie Bacon, Jeff Bacon, Taylor Jacobitz, Dustin Mayfield, Christian Kroos, and Chad Wagoner.

Discussion:  Clerk Dick called Roll Call to establish a quorum: Chair Kroos, Trustee Higel, Trustee Uden and Asst. Chair Knuth were present to form the quorum.

Discussion:  Nothing to Report.

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Discussion:  Chair Kroos opened hearing at 8:13 p.m.  No comments or questions from the public.

Discussion:  Chair Kroos closed the hearing at 8:14 p.m.

Discussion:  Chair Kroos opened the hearing at 8:15 p.m.
Judy Mignery, Adams County Planning and Zoning, read into record Case #22-11.1 rezone a tract of land in Lot 1, Estey Acres from Transitional Ag to R2.  She stated that this was heard at the Adams County Planning and Zoning Commission meeting last night and there were concerns about the drainage and additional housing.  Chair Kroos asked the current owners, Keri and Chris Wheeler, of Lot 1, Estey Acres, if their intent for rezoning this piece of land was to sell it.  Keri told the board that the three gentlemen had come to them asking to purchase it.  Judy Mignery clarified to the board that the rezoning would have no effect on the drainage situation.  Amy Parker voiced that she had concerns about the drainage ditch being filled in and stated that her and her husband have a 500' x 20' surface water agreement on five of the lots.  Brian Friedrichson, Olsson, said that Olsson has not done the hydrology study yet, but as more lots become available then a study will need to be done.  He recommended that a 15" culvert be put in and inlets be put in on each individual property.  Dustin Mayfield, a resident, expressed to the board that their intent on buying the lots being rezoned was not wanting to push water onto Parker's property.  He stated that if they need to put in a culvert and inlets, then they will do so.  
 

Discussion:  Chair Kroos closed the hearing at 8:35 p.m.

Discussion:  Chair Kroos opened the hearing at 8:37 p.m.
Judy Mignery, Adams County Planning & Zoning, explained to the board that there was no need to do an annexation hearing because the three lots were already annexed after further review by the County Assessor's office.

Discussion:  Chair Kroos closed hearing at 8:40 p.m.

Discussion:  No need for Action.

Discussion:  Brian Friedrichson, Olsson, addressed the board on the Water Main Project bids he received.  He stated he received seven bids and the lowest came in at around $233,000.00 by Elsbury Construction.  He discussed a few options to lower the price to around $177,000.00.  This price does not include engineering costs of $30,000.00 to $35,000.00.  Clerk Dick explained to the board that there was $150,484.26 left in the ARPA funds, there is $170,000.00 budgeted in the Capital Improvements - Water Fund, and $120,000.00 in the Capital Improvements - Street Fund.  She also explained to them that Casey, Village Superintendent, needed the Street Fund for an overlayment project.  The board agreed that the Water Fund would be used for the amount beyond the ARPA funds.

Discussion:  Clerk Dick explained to the board that this agenda item was put back on the agenda because Zach Jacobitz asked to talk to the board.  Zach Jacobitz stated that his lawyer would handle the situation.

Discussion:  Clerk Dick spoke with the board about doing a Zoom Meeting with Jeremy Wegner, BNSF, about the Constitution Railroad Crossing closure.  The board agreed that a Zoom Meeting would work for them.  Clerk Dick stated she would email Jeremy asking him for dates and times that would work for the Zoom Meeting.  Tabled.

Discussion:  Clerk Dick presented the board the certified letter that was sent to the owners of the American Bully and two Pitbull mixes.   She informed them that the letter had not been picked up yet.  Shon Lieske, Village Attorney, advised Clerk Dick to have the letter served to the dog owners by the Adams County Sheriff's Department.  Tabled.

Discussion:  Clerk Dick provided the board with the Village of Kenesaw Ordinances that were being violated by the camper in the trailer park.  Shon Lieske, Village Attorney, instructed Clerk Dick to write a letter to the land owner and advise them of the ordinances that are being violated by individuals on his property.  Tabled.

Discussion:  Clerk Dick informed the board that we were waiting until the beginning of the year to hear back from BlueSky Ink Services.  Tabled.

Discussion:  Dan McMahon of McM Law Office LLC, representing Tony Garvin, the owner of 214 N. Smith Ave, addressed the board about the denied demolition permit.  He spoke with the village attorney about asbestos possibly being within the partially demolished building prior to the board meeting.  Dan spoke with the board about a Brownfields Assessment being too expensive for the owner, not knowing the village had a Phase 1 Assessment done.  He and his client didn't understand why the asbestos couldn't be removed with the building as the building was being demolished.  Clerk Dick expressed to Dan that asbestos could not be taken to the dump.  Dan stated that his client told him that the building could be wet down to keep the dust down while demolishing.  He asked the board what options his client would have for removing the asbestos if there is any.  Casey, Utility Superintendent, told Dan that asbestos had to be removed by a licensed professional.  Shon Lieske, Village Attorney, explained to Dan that he would advise the board to have the property owner have it inspected by a licensed asbestos inspector, and have the asbestos legally removed if there is an indication of asbestos before the permit is possibly approved.  Lawney Knuth, Assistant Chairman, informed Dan that the Brownfields Assessment contractor could not get into the office area because the doors were blocked and the floor was caving in.  Lawney also let Dan know that there were fuel tanks underground, a used oil tank underground and that the property is in the floodplain.  Trustee Uden expressed her concern about the future of the site because of the tanks underground.  Chair Kroos conveyed to Dan that she hoped the property owner would come to the meeting so they could all talk about the property civilly and inform him of the steps that need to be taken on the property to keep the residents and himself safe.  She told Dan that the board also wants to see the property improved because it is an eye sore, but there are things nearby the property that need to be taken into concern when dealing with fuel tanks, such as a community park.  Henry Wilson, Village Planning and Zoning Representative, instructed Dan about the State and Federal Departments that the property owner or he needed to contact about the property.  The board expressed their concern about the load from the partial demolishment being taken and dumped somewhere that could ultimately contaminate other sites.  Casey stated that he had received calls from the community about the tanks being underground and what the hazard is to the surrounding properties.  The board and Dan came to the conclusion that the property owner needed to have the site inspected and include the findings of the inspection with a new permit.  Tabled.

Discussion:  Casey Hughes, Village Superintendent, informed the board that the new maintenance tractor did not come with a pallet fork attachment.  He stated he could order one for around $960.00.

Discussion:  Casey Hughes, Village Superintendent, spoke with Kenesaw Public Schools Maintenance Department and they stated they would like to have the ballfield bathrooms as they are on school property anyway.  He advised the board to let them have them as the village was probably just going to demolish the bathrooms anyway.

Discussion:  Casey Hughes, Village Superintendent, spoke with the board about one nuisance tree on village property and another in the ditch by Elm Street that need to be taken down but they would need to be taken down by a professional.  He told the board he was quoted $900.00 for one and $1,400.00 for the other.

Discussion:  Clerk Dick informed the board that a resident has an electric/hot fence in their yard to keep dogs in.  She also explained to the board that there is nothing in the ordinances that prevents this.  Casey, Village Superintendent, notified the board that Coded Ordinance 9-103 didn't make sense the way it was written.  Chair Kroos stated that the ordinance needed to be changed to include an electric/hot wire fence and clarify the verbiage of the original ordinance.  Tabled.

Discussion:  Clerk Dick notified the board that she had called and left a message for the KVFD Secretary about a date for the KVFD Appreciation Dinner.  She also let the board know that she had talked to Silver Dollar Bar about closing the establishment to the public and to cater the dinner.  Tabled.

Discussion:  Clerk Dick asked the board what day it would work for them to reschedule the Nuisance Property/Village Office Workshop.  They decided on November 17th at 6:30 p.m.