KENESAW BOARD OF TRUSTEES MEETING
September 9, 2014 AT 7:30 P.M.
The Kenesaw Village Board held a regular board meeting as advertised, September 9, 2014 at 7:30 p.m. in the Community Room of the Kenesaw Village Office. Board Members present: Ronda Ehly, Sarah Kroos, JR Pulver, Dale Long and Ashley Augustin. Also present: Henry Wilson, Fred Valentine, Connie Valentine, Glenn Kemp, Dennis Kruse, Galen Lambrecht and Shon Lieske. Clerk: Rebekah Long. Maintenance: Jeff Edmondson and Glen Kuehn.
1. Call to Order: Chairman Kroos called the meeting to order at 7:32 p.m.
2. Location of the OMAL: Chairman Kroos gave notice of the location of the Open Meetings Act Literature to be on the south wall of the meeting room.
3. Review/Approve Minutes of the Regular Meeting August 12, 2014: Moved by Trustee Pulver and seconded by Trustee Long to approve the minutes of the August 12, 2014 meeting as presented. Roll call: Trustee Pulver-yea, Trustee Ehly-absent, Trustee Kroos-yea, Trustee Long-yea, Trustee Augustin-yea. No opposed. Motion carried.
4. Review/Approve Expenditures of August 2014: Moved by Trustee Augustin, seconded by Trustee Pulver to approve the August 2014 Expenditures as presented. Roll call: Trustee Pulver-yea, Trustee Ehly-yea, Trustee Kroos-yea, Trustee Long-yea, Trustee Augustin-yea. No opposed. Motion carried.
5. Review/Approve Treasurer’s Report for August 2014: Moved by Trustee Pulver and seconded by Trustee Ehly to approve the August 2014 Treasurer’s Report as presented. Roll call: Trustee Pulver-yea, Trustee Ehly-yea, Trustee Kroos-yea, Trustee Long-yea, Trustee Augustin-yea. No opposed. Motion carried.
6. Review/Approve Transfer of Funds: Moved by Trustee Pulver and seconded by Trustee Augustin to approve the transfer of funds in the amount of $50,000.00 from General Fund to Street. Roll call: Trustee Pulver-yea, Trustee Ehly-yea, Trustee Kroos-yea, Trustee Long-yea, Trustee Augustin-yea. No opposed. Motion carried.
7. Discuss Zoning Variance at 401 S. Smith Avenue: Kevin Pulver explained he has a party interested in buying his property at 401 S. Smith Avenue if they were allowed to have a couple of horses on the property. He said that the property had been zoned (Transitional) Agriculture when he first bought it and later it was rezoned to residential. The has spoken with Judy Mignery and was told a conditional use permit wasn’t allowed, however, if the Village Board would speak with the county then they may be able to work something out. The Board and Planning and Zoning Representative Henry Wilson discussed several alternatives, the amount of acreage involved and the proximity to other properties that are allowed to have horses. They also discussed contacting neighbors to get their input. The Board recommended Henry Wilson follow up with Judy Mignery prior to the next board meeting to further investigate required set-backs and the limitations that could be put in place with a conditional use permit. Agenda item to be placed on the next board meeting.
8. (was #15) Comments from the Public:
a) Glenn Kemp asked if the maintenance department would be able to mow the right of way on South Perkins one time due to it being too high for his mower and he would then handle the upkeep. Jeff Edmondson indicated that wouldn’t be a problem.
b) Fred and Connie Valentine, a neighbor of the property at 401 S. Smith Avenue, posed questions about the addition of horses including asking about what controls would be put in place regarding number of horses and if there is enough space. Trustees Ehly and Pulver reiterated that is why they are seeking more information from Judy Mignery.
9. (was #16) Discuss the proposed alley behind Hodge Subdivision: Fred & Connie Valentine indicated they would like to build a garage in the backyard with access behind their property. They stated that when they were building their home they were told an alley would be placed behind their property. Since the alley has not been done they wanted to confirm, before starting on their garage, that an alley would be placed. They also spoke about their concerns with drainage. Jeff Edmondson stated he purchased what was needed to build the alley but held off on moving forward with the project when there was discussion about more lots being developed in that subdivision. Glenn Kemp, Fred Valentine & Connie Valentine then discussed their concerns regarding issues with the Hodge subdivision with the Board. Their concerns included the covenants established by the Kenesaw Community Development Group, ongoing drainage issues, types/age of homes currently in the subdivision and in future development and size/number of additional lots. The Board thanked the owners for coming to discuss their concerns. They then directed the Clerk to consult with the Village Attorney to find out what stipulations can be put in place during the transfer/purchase of property to address issues going forward.
10. Open Budget Hearing: Chairman Kroos opened the Budget Hearing for the purpose of discussing and hearing public comments regarding the proposed budget at 8:24 p.m. Dennis Kruse, CPA, reviewed and discussed the State of Nebraska Budget Form, which identifies the property tax request, operation expenses, capital improvements, disbursements and transfers. Mr. Kruse also reviewed the calculation of restricted funds and allowable increases. His final review was the Budget Hearing Summary and Final Tax Request.
11. Close the Budget Hearing: Chairman Kroos closed the Budget Hearing at 8:30 p.m. At this time it was moved by Trustee Ehly and seconded by Trustee Augustin to approve the proposed additional 1% increase. Roll call: Trustee Pulver-yea, Trustee Ehly-yea, Trustee Kroos-yea, Trustee Long-yea, Trustee Augustin-yea. No opposed. Motion carried.
12. Open Special Hearing: Chairman Kroos opened the Special Hearing for the purpose of setting the final tax request at 8:40 p.m. There were no comments.
13. Close Special Hearing: Chairman Kroos closed the Special Hearing at 8:42 p.m.
14. Approve Summary of Budget Hearing: It was moved by Trustee Ehly and seconded by Trustee Pulver to approve the Budget Summary as presented by Resolution No. 2014-117 on the first reading by title only. Resolution No. 2014-117 is approved as a Resolution to adopt the Budget Statement to be termed the Annual Appropriation Bill to appropriate sums for necessary expenses and liabilities, to provide for an effective date. Setting the Kenesaw Nebraska property tax request for October 1, 2014-September 30, 2015 at $110,000.00. Roll call: Trustee Pulver-yea, Trustee Ehly-yea, Trustee Kroos-yea, Trustee Long-yea, Trustee Augustin-yea. No opposed. Motion carried.
15. (was #8) Open Public Hearing: Chairman Kroos opened the Public Hearing at 8:44 p.m. Village Attorney Shon Lieske explained the procedures that would be followed including first putting Clerk Rebekah Long under oath for questioning regarding the notice mailed to Mr. and Mrs. Lambrecht, notice published in the newspaper and the notices that were posted. Once Mr. Lieske was finished with his questions, Mr. Lambrecht would be allowed to question Mrs. Long. He said he would then put Health and Sanitation Committee member Sarah Kroos under oath to testify regarding what was noted when the Committee inspected the property and at that time Mr. Lambrecht would be allowed to ask questions of Chairman Kroos. At that time Clerk Rebekah Long was placed under oath and answered that notice was sent to the Lambrecht’s address in Wood River as shown on the Adams County Assessor’s website on September 2, 2014 by certified mail. When asked, Mrs. Long stated she did not know the exact date the Notice of Public Hearing appeared in the newspaper without checking her notes as she’d had multiple notices published prior to the meeting but that she had received the Proof of Publication for the notice of the Public Hearing from the Hastings Tribune. Mr. Lambrecht was given the opportunity to question Mrs. Long and had no questions. Mr. Lieske then placed Sarah Kroos under oath. In response to questions, Chairman Kroos explained the property had been inspected by the Health and Sanitation Committee at the request of the Village Board of Trustees due to a citizen complaint received by the Clerk’s Office and that inspection resulted in the Committee deciding the property does violate the Village of Kenesaw Nuisances Ordinances as stated in Article 2, Section 4-201-202 and should be deemed a Public Nuisance. Mr. Lieske then asked her to identify pictures of the property that had been taken by Mrs. Long and describe the condition of the property as shown in the pictures. Through the series of pictures Chairman Kroos noted violations including trees growing near and out of the foundation of the home; various holes in the siding and foundation of the home with some large enough for animals or children to crawl through to a crawlspace or basement; old wiring on the exterior of the home; broken windows in the house and garage; the potentially dangerous condition of the garage; areas of the house and garage that were open to the elements; and personal property under a tarp. Mr. Lambecht was then given the opportunity to question Chairman Kroos. Mr. Lambrecht’s questions sought further clarification regarding some of the photos as well as Chairman Kroos’s observations and opinions. Mr. Lambrecht was then put under oath by Mr. Lieske and he answered questions about the property’s conditions and what plans he had to correct the areas of concern. The Board then discussed some additional concerns with the property including their concerns about the increased risk of a rapidly spreading fire due to the number of overgrown trees on the lot and the close proximity of neighboring homes. Trustee Ehly listed specific issues that would need to be addressed in order to adequately abate the nuisance violations and comply with the Villages Nuisance Ordinances. These issues included securing the garage’s structure or removing it completely; repairing the foundation; removing the concrete pilings from the ditch in front of the house; properly securing the house to dissuade people trying to get in; addressing the electrical concerns by improving the wiring or removing the meter; repairing all holes allowing access to the house by animals or people; and having the house and garage inspected to insure it or they are structurally intact and safe. Mr. Lieske then explained that if the Board voted in favor of finding the property a nuisance, he would then send a certified letter to Mr. and Mrs. Lambrecht notifying them of the Board’s decision and it would identify the steps they need to take to abate the nuisance. Mr. Lambrecht asked about the concrete in the ditch where the “bridge” walkway once was. The Board and Jeff Edmondson indicated that the Village could remove those considering it is fairly low on the list of concerns compared to other issues.
16. (was #9) Close Public Hearing: Chairman Kroos closed the Public Hearing at 9:34 p.m.
17. Action on Public Hearing: Motion by Trustee Ehly and seconded by Trustee Pulver to declare the property located at 106 N. Perkins Avenue a nuisance. Roll call: Trustee Pulver-yea, Trustee Ehly-yea, Trustee Kroos-yea, Trustee Long-yea, Trustee Augustin-yea. No opposed. Motion carried.
18. (was #17) Discuss/Approve the Lease Agreement with Guardian Angels Life Service, Inc.: The Board reviewed the current lease agreement with Guardian Angels Life Services, Inc. After some discussion it was moved by Trustee Ehly and seconded by Trustee Pulver to renew the lease with Guardian Angels Life Services, Inc. for another year with the amendment to section #18 to show Lessee will be entitled to keep the current West Highland Terrier named “JoJo” for the duration JoJo’s life however upon JoJo’s demise, the authorization allowing pets on the Premises will be revoked. Roll call: Trustee Pulver-yea, Trustee Ehly-yea, Trustee Kroos-yea, Trustee Long-yea, Trustee Augustin-yea. No opposed. Motion carried.
19. (was #18) Discuss/Approve insurance renewal with Krull Agency: After some discussion it was moved by Trustee Pulver and seconded Trustee Ehly to renew the insurance as provided by Krull Insurance agency. Roll call: Trustee Pulver-yea, Trustee Ehly-yea, Trustee Kroos-yea, Trustee Long-yea, Trustee Augustin-yea. No opposed. Motion carried.
20. (was #19) Discuss adding security cameras: Jeff Edmondson shared with the Board his concerns with vandalism that has occurred in the park. After discussion the Board agreed it may be time to add more security to various Village properties and asked Jeff to pursue more information and bids to be reviewed at the next meeting.
21. (was #20) Unfinished Business: None.
22. Adjournment: Motion by Trustee Ehly, second by Trustee Pulver at 10:26 p.m. No opposed. Motion carried. Next meeting is scheduled for October 14, 2014 at 7:30 p.m.