Village of Clifton Board of Trustees met March 12.
Here is the minutes provided by the Board:
Call to Order:
President Winkel called the meeting to order with the Pledge of Allegiance at 7:00 p.m.
Members Present: President Andrew Winkel, Trustees Jim Schoon, Randy Gigl, Casey Hull, Joe Kolosky, Brianne Ryan, and Paul Hess
Also Present: Clerk Shannon James, Chebanse Township Road Commissioner Mike Thompson, Maintenance Supervisor Tim Kent, Chief James Lehmkuhl, John Solomon, and Brian Smith. Dale Prairie arrived at 7:02 p.m.
Approval of Minutes:
Ryan moved and Koloksy seconded to approve the minutes of the Regular Meeting of the Clifton Village Board, February 12, 2018. 6/0 motion passed by acclamation.
Public Questions and Comments: None.
Planning Commission:
Winkel presented a recommendation from a recent meeting of the zoning board of appeals in which the board recommended authorizing a variance for a garage addition at 235 East Fourth Avenue so long as no other feedback was received at the village office by village board meeting time. That contingency was agreed upon due to the fact that two letters to nearby property owners were not delivered certified mail. The letters were sent by certified mail but were not delivered certified mail due to an error at the post office. The letters were subsequently hand delivered to allow time for those property owners to present objection before the village board meeting tonight. As no further feedback has been received, the recommendation for authorization stands. The garage addition in question requires a variance as the existing garage was built six inches off of the property line. It has been that way for approximately fifty years and the owner would like to add twenty feet to the back of the existing garage and stay in line with the current structure. (Dale Prairie arrived at 7:02 p.m. ) Kolosky moved and Gigl seconded to approve the recommendation of the Planning Commission/Zoning Board of Appeals to authorize the variance for a garage addition at 235 East Fourth Avenue. Roll call of votes. Ayes 5; Schoon, Gigl, Hull, Kolosky, and Ryan. Abstain 1; Hess (conflict of interest, property owner). Motion carried.
Maintenance Department:
Kent informed the board that ash tree removal on village property was completed today save for two trees. The ground is too soft to remove the remaining trees so the crew will wait until summer to finish the job.
Winkel inquired about holes along Main Street where a drainage project took place last fall. Kent is waiting for the fill to settle and then will complete the repair to those areas.
Building and Zoning:
Winkel presented information from the Building and Zoning Officer, Kent, regarding an inspection completed at 220 East Fourth Avenue on February 1, 2018. Following that inspection, Kent made the recommendation to President Winkel that the village authorize the attorney to condemn the addition at that location. Winkel reviewed the details of the findings for the record.
On February 1, 2018, a building inspection was completed by Kent along with Dale Prairie, as he was the previous inspector involved with this project. At the conclusion of the inspection, Kent reported he could not provide another permit and recommended authorizing condemnation of the addition and turning the matter over to the attorney. Winkel went on to list observations from the inspection which were communicated to Smith in a letter dated February 28, 2018.
None of the required modifications included in Scott Seaton’s architectural drawings (submitted with permit application on June 6, 2016) are present in the new construction. As part of the June 6, 2016 application, drawings from a licensed architect were required that would provide the construction elements that would fit the village’s requirements for that project to continue. Smith rebutted that he thought it was agreed that if he hired an engineer, Seaton, he did not need the architectural drawings. In discussion, it was agreed between Smith and Winkel the drawings provided at that time are the project plan. Kent and Prairie have reported that none of the things in the drawings are incorporated in Smith’s project. Smith stated the only thing that could be attached to it is the braces underneath for the flooring. The rest of it is the attachments of the roof, which is done half way. He reported he cannot put the braces on there because he cannot get to it right now and will do that when the back of the garage is done. Smith went on to say the braces will be put in at the time the structure underneath the house, those additional piers, will be put in.
Support footers specified in the plan remain inaccessible and possibly absent. Smith stated the support footers are there but are not to code as the inspector wanted them to be. He relayed they are just 4x4’s stuck in the ground and need to be dug out and put in right but he could not expose those because it is winter. If a new permit is issued he can take care of that when he gets to that point.
Numerous areas have temporary shelving and structures containing materials that obstruct vision of framing, thus making an accurate framing inspection impossible. Smith rebutted that parts are tarped off but could be inspected. Kent said he is referring to the inside of the garage, there is stuff along walls, storage materials, etc. Smith went on to say, regarding the angled braces, that although they should have been put in already he does intend to put those in and will do so at a later time. Smith claims Prairie approved 2x10’s at the time and that his engineer states they should be 2x12’s and since he caught the problem, he is trying to correct it but cannot do it now because he has the materials to finish the garage on the outside. He will come back and put them in like they are supposed to be. While Smith admits most of what Kent sites is not done, that is because he is trying to get the rest of the framing of the house done on the roof. Smith went on to say that his engineer will be available in two weeks and he can hire him to see what the complaints are and how to resolve them.
Numerous departures from Scott Seaton’s architectural drawings are present in the structure. Smith stated he will not comply with the angle and instead go straight across to save time and effort. He referenced both the approved architectural drawing as well as the original drawing (which Winkel stated the village had problems with).
The existing house and new construction remain unattached. Smith stated it is attached but only halfway.
New and/or alternate drawings are being used without any review or approval by Village of Clifton representatives. Further, Dale Prairie vigorously denied that his signature was on one of these drawings. Smith relayed that the drawing with Prairie’s signature has come up missing so he cannot prove that approval.
Winkel went on to read some additional considerations listed in the letter dated February 28, 2018, to Mr. Smith.
● The original permit date for this project was dated October 18, 2011, and not one inspection conducted over the past six years has resulted in approval from either Dale Prairie or Tim Kent.
● Village officials over three administrations have expressed concerns related to the integrity of the new construction in correspondence, during discussions at public committee and board meetings, and during face-to-face conversations.
● On April 17, 2017, Winkel sent a letter that explained, “With the expiration of the building permit on December 10, 2016, the Village Board has the authority to begin condemnation proceedings. I believe I can convince the board to hold off if you are able to show that a contractor can have the project complete by July 31, 2017 in a manner that matches the specifications described in the permit application.” Although a time line was submitted, no contractor was retained, and work was not complete by July 31, 2017.
● The current permit expired on November 6, 2017.
Smith responded that he was waiting for the village to come and inspect at which time Winkel reminded Smith of the inspection conducted on February 1, 2018. Smith, referring to a previous inspection, stated the footings were inspected by Prairie. Prairie in turn relayed that the footings and blocking for the garage addition were inspected earlier, before the second structure. Smith had put in a long stretch, twelve inches on center, and Prairie stated additional blocking was necessary for additional support. Prairie went on to say the architect insisted that was still not good enough and that it needs angled braces that are not present. Kent referred to a drawing to indicate where the angle braces are supposed to be and relayed that he cannot see any of that area due to things hanging from the ceiling and walls, etc. therefore, he was not able to conduct an inspection to see if angle braces are present. Smith replied that the angle braces are not there. Kent noted that at the February 1, 2018, inspection, the items mentioned in the February 28, 2018 letter to Smith were not present or that he was unable to view the area because of things in the way. Kent additionally noted that in a section on the second story where two (2) 1 3⁄4 laminated beams are required, there was only one. Smith argued that only one is needed now as he is not taking out the wall underneath as depicted in the approved drawings. Kent stated Smith is not completing the project the way the engineer planned or the way the architectural drawing shows and that he is doing it his own way, not to code. It was reiterated the project has been ongoing since 2011 and Prairie stated that at the February inspection, Smith stated he would have the architect approve the deviations from the drawings and have them ready by this meeting. Smith replied the architect is busy right now but he would like to have the engineer come back and address the complaints to get the project going again and that by the time this goes through the courts, he could have the project complete. Kent said he will not sign off on an additional permit.
Ryan moved and Hess seconded to authorize the condemnation of the garage addition at 220 East Fourth Avenue. In discussion it was noted the project has been ongoing since 2011 and there have been many requests to comply to no avail. Roll call of votes. Ayes 6; Schoon, Gigl, Hull, Kolosky, Ryan, and Hess. Nays 0. Motion carried.
Police Department:
Chief Lehmkuhl relayed he has received complaints regarding semi parking on Main Street and reminded the board there is a process that would have to be followed, including receiving permission from IDOT, if the village is interested in adopting an ordinance which would prevent trailer parking on Main Street. The Ordinance and Zoning Committee has started that process and will discuss it further at their meeting later this week.
Streets and Alleys: No report.
Water and Sewer Committee:
Gigl stated the 36 inch tile installation is complete although the area is still quite rough and will need to be leveled off. The village and surrounding areas have recently received an above average amount of water through a combination of snow melt and rain and it appears the drainage project did what it was supposed to do. Village areas drained more quickly than they have in the past and no blow outs or adverse effects were reported. The Water and Sewer Committee will be discussing the Lincoln Avenue berm and the hump located in front of the Lindgren property at an upcoming meeting as those still appear to be prohibiting water flow. Water did crest the Lincoln Avenue berm and the village needs to investigate ways to increase the flow through that area.
Kent informed the board the water tower has a leak. He has spoken with Haley Brothers who have diagnosed the problem and will complete the repair when the parts are in which is anticipated to be next week. The job is not expected to take more than a day but the tower will need to be drained. There is a standpipe that runs top to bottom with two flanges at the bottom and an expansion in the middle. The expansion in the middle has a fairly substantial leak. Kent plans to use as much water out of the tower as possible then run off pumps as the village did when the repair of the inside of the water tower was done. (Thompson left at 7:36 p.m.) The repair costs will come out of the water fund, repairs and maintenance of water, rather than the general fund.
With the ash tree removal complete as can be at this time, Kent will begin replacing water meters again. He did not use the entire amount of money allocated but did order 170 meters which is what he believes he can get replaced before summer hits.
Budget and Finance Committee:
Hull moved and Kolosky seconded an expenditure for a donation to Safety Day at Chebanse Grade School not to exceed $300.00. The event used to be called Camp 911 and was organized by Nita Dubble who has now retired. As Kent understands it, the Farm Bureau will be taking over the event but is not ready to get it going in time for this year. Area fire departments, state police, Riverside ambulance, etc. are putting on the event and donations are being sought. Roll call of votes. Ayes 6; Gigl, Hull, Kolosky, Ryan, Hess, and Schoon. Nays 0. Motion carried. 6/0 motion passed by acclamation.
Police and Public Safety Committee:
Golf cart inspection and registration days will be held on Wednesday April 4, 2018, from 5:00 – 7:00 p.m. and Saturday, April 7, 2018, from 8:00 – 11:00 a.m. Notice will be placed in the Advocate and the emailed newsletter.
Complaints received regarding truck parking will be addressed by the Ordinance and Zoning Committee.
Committee Chair Kolosky, and Chief Lehmkuhl will approach the Village of Ashkum to discuss the possibility of combining police departments.
The state has a new mandate regarding police computers and as a result the village will need to purchase a new one for its police department vehicle next fiscal year. The cost is expected to total around $6000.00.
Ordinance and Zoning Committee:
The committee will be scheduling a meeting for Thursday, March 15, 2018, to discuss semi parking among other items.
Local Improvement Committee:
The committee will be scheduling a meeting to interview those who have applied for the pool manager position.
Treasurer’s Report/Payment of Bills:
Winkel presented the Treasurer’s report. Kolosky noted on the first page of the report, $9.00 is listed for Gidney’s machines incorrectly, it should be $90.00. Kolosky moved and Ryan seconded to accept the Treasurer’s Report with the correction. 6/0 motion passed by acclamation.
Winkel presented the listing of bills to be paid. Kolosky moved and Hull seconded to pay the bills as presented. Roll call of votes. Ayes 6; Hull, Kolosky, Ryan, Hess, Schoon, and Gigl. Nays 0. Motion carried.
Village President:
Winkel presented the completed Motor Fuel Tax Audit Report. No corrections were required after the audit.
Kolosky moved and Ryan seconded to approve Resolution 2017-15 for the Clifton Fun Days Parade. 6/0 motion passed by acclamation.
Schoon moved and Gigl seconded a donation to the Clifton Fun Days in the amount of $1000.00. Roll call of votes. Ayes 6; Kolosky, Ryan, Hess, Schoon, Gigl, and Hull. Nays 0. Motion carried.
Winkel reminded those who are required to submit Statements of Economic Interest that they are due back to the county clerk by May 1, 2018.
Concluding Public Questions and Comments: None.
Adjournment:
Koloksy moved and Ryan seconded to adjourn at 7:51 p.m. 6/0 motion passed by acclamation.
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