MAY 3, 2011

            The Union Village Board met in special session on May 3, 2011to approve Apr 26th Special
            Meeting minutes and to hold an appeal hearing on the Union Board’s decision to declare nine
            properties, owned by William Bescheinen, nuisances pursuant to Village of Union Ordinance
            2-602.  The meeting was called to order at 7:30 p.m., at the ALA Hall.  The Open Meeting Laws
            were displayed for public reference.  On roll call: Hardbarger Jr.,Vidlak, Chipman and Keene.
            Brown arrived at 7:01.

Minutes of the April 26, 2011 Board Meeting were reviewed. Chipman motioned to approve the Special Meeting Minutes.  2nd by Vidlak.  By roll, Trustee votes are as follows: Hardbarger, Jr.,-Aye, Vidlak-Aye, Chipman-Aye, Keene – Aye and Brown-Aye.  Motion approved.

Chipman motioned to open the appeal hearing for Mr. Bescheinen.  2nd by Vidlak.  By roll, Trustee votes are as follows: Hardbarger, Jr.,-Aye, Vidlak-Aye,  Chipman-Aye, Keene – Aye and Brown-Aye.  Motion approved.

Chairman Hardbarger offered the floor to Bescheinen.  Bescheinen stated that he had verbal permission from the Board in the past to keep whatever he wanted in the school yard as long as he put a fence around it.  His line of work requires open spaces to store his equipment and other property.  He feels that the school yard is off the beaten path and should not be a nuisance to anyone.  Harbarger commented that when Bescheinen first bought the school yard he said he was going to store equipment there, not turn it into a junkyard.  Bescheinen replied that he does store his equipment there.  Hardbarger replied that there are residences in the area and neighbors can see into it, and it is a nuisance.  Having an eye sore depreciates the value of the properties surrounding it.  Bescheinen said that at one point, Brasko complained that his property was being devalued because of its proximity to the school yard, but his property value had increased at the next appraisal.  Bescheinen implied that the property owners were aware of a scrap yard in the area and if they weren’t comfortable with that, then they should never have bought the property in the first place.  Brown asked Bescheinen if he had any plans to take down the school building.  Bescheinen replied that he didn’t.  He explained that the building was fine until 2004 when a storm eroded the upper story corner.  He never filed an insurance claim to repair it.

Bescheinen next referred to his business shop on Main St.  He said the roof has been replaced and is metal now.  He wants to paint and put in new windows and doors, both in his shop, and the Burbee building next door.  He plans to get to it before winter, maybe sometime this summer.  Harbarger explained that Bescheinen’s bulldozer is being stored on Union Pacific Rail Road property, not his own.  Bescheinen replied that he is in the process of repairing it.  He also stated that he had received the Board’s permission to park a semi trailer behind the Burbee Building to store roofing materials.

The Laundromat was brought up next.  Bescheinen said that the front needs a touch up and that there are some bricks loose, but it should be safe because the bricks are wired and stuccoed.  Bescheinen stated that he owned and operated a Laundromat and Carwash out of that building for 25 years until he got sick of all the vandalism.

Bescheinen shared his desire to take down the County Building and build a shop instead.  The concrete block foundation is OK but the roof needs repairs.  He has to spend money he doesn’t have to do it.  He agreed to take care of the stuff accumulating around the building, like the ATM and roofing materials.  Trustee Brown asked if he had an estimated time frame for this work to be done in.  Bescheinen replied that he has been working.  His loader broke down, making it difficult, but he has been hauling iron out regularly.  Brown stated that since 1999 Bescheinen has had a number of his properties complained about, and that the Board has given him several extensions to complete the clean-up of those properties.  Bescheinen said he took care of those issues. 

Bescheinen said that he is using the Rock St. property for his wood lot.  He cuts and splits wood to sell as firewood.  Hardbarger asked why he sees numerous rolls of drain tile instead of wood on this residential lot.  Bescheinen replied that the drain tile rolls are part of what he does in his business, and that they are not unsightly, but rolled up and stored neatly.

Bescheinen stated that he has quit paying taxes on the Feed Store property and eventually someone else will own it.  The property is pretty much beyond repair because it will cost close to $100,000 to restore it.  He may demolish it if he has the time, but could cost $30,000 to do so.
The sewer was stubbed off nearby so running sewer to it shouldn’t be difficult.  The water is supplied from the building next door.

Trustee Vidlak told Bescheinen that the Board wants to see progress.  Bescheinen said that he wanted to start working on the properties on Main St. first.  Vidlak feels that the summer timeframe Bescheinen first talked about, is not satisfactory progress.  Bescheinen argued that 15 days won’t even touch the amount of work that the Board is requesting to be done.

Trustee Brown shared that she is proud of being from Union and wishes that Main Street looked nicer. Bescheinen commented that he was really upset about all the vandalism to his Laundromat and Carwash.  Enough things happened that he turned against Union.  He feels that no businesses will want to come to Union. 

Bescheinen admitted that all the properties in question need to be refurbished, and it will take a lot of time and money.  He will sell some of these properties cheap, as is.  He feels it is counter-productive for him to spend his time and money fixing these properties up to sell, when people will want things done their way.

Hardbarger stated that he understands that Bescheinen is upset about what’s happened to his businesses in the past, but doesn’t feel it is a good enough excuse to allow his properties to fall into such disrepair.  Becheinen stated that he has hauled a lot of stuff out of the school yard, but it is hard to tell.  With the Main Street properties the community will be able to see more progress.  Bescheinen told the Board that he is in the process of purchasing more property outside of Union to move his stuff to.

Chipman stated that during this appeal hearing he hadn’t heard any evidence to overturn the declaration of these properties as being nuisances.  Chipman motioned to deny the appeal of the nuisance resolutions dated April 5, 2011.  2nd by Brown.  By roll, Trustee votes are as follows: Hardbarger, Jr.,-Aye, Vidlak-Aye, Chipman-Aye, Keene – abstained, and Brown-Aye.  Motion approved.

Chipman stated that what it will come down to is the Board will be watching for any progress being made on these properties.

 Chipman motioned to close appeal hearing .  2nd by Vidlak.  By roll, Trustee votes are as follows: Hardbarger, Jr.,-Aye, Vidlak-Aye,  Chipman-Aye, Keene – Aye, and Brown-Aye.  Motion approved.

Vidlak motioned to adjourn.  2nd by Brown.  By roll, Trustee votes are as follows: Hardbarger, Jr.,-Aye, Vidlak-Aye, Chipman-Aye, Keene – Aye, and Brown-Aye.  Motion approved.

The next regular meeting is scheduled for May 11, 2011, 7pm at the ALA Hall.  The Meeting Notice and Agenda will be posted for the public at The Village Office, The Union Branch of the Nehawka Bank, and the Union Post Office.

Dwain Hardbarger, Jr.

These minutes have been prepared by the village clerk and are certified to be true and accurate.