Bensart Drive Vacation Not Right Up Commissioners’ Alley
KOSCIUSKO — The majority of the Kosciusko Commissioners meeting held Tuesday, Jan. 23, was spent discussing vacation of an undeveloped roadway.
Attorney Scott Reust, representing Gary Kline, Richard Nelson and J. Hayes, requested that commissioners give approval for a portion of Bensart Drive on the north side of Beaver Dam Lake in Seward Township to be vacated. This vacation request had been previously presented to the Kosciusko Area Planning Commission and denied in a 6-1 vote.
Reust, who said the area was best described as an alley, stated, “We’re asking that the alley be vacated because Nelson and Kline own properties on both sides of the alleyway. Both Mr. Kline and Mr. Nelson want to be able to use the small lots that are north of the alleyway contiguous with their homes that are south of the alleyway.”
Reust pointed out that a vacation of the alley would not hinder development of the neighborhood and does not block access to a church, school or any public facility. Reust described the alleyway as being seldom used.
Additionally, Reust advised that Nelson had used his lot to put in a septic area. “It turns out that installation of the septic area does encroach upon the alleyway so in part we are requesting vacation of the alleyway to resolve the issue created by the septic area that encroaches upon the alleyway.”
Commissioners were provided with an aerial view map of the area. Kosciusko Area Planning Commission Director Dan Richard said, “It’s not an alleyway. It’s a full-fledged road right of way.”
“When looking at the overall picture, including considering access for emergency services and utilities as well as the use of the road for adjacent neighbors, the APC came in with a recommendation to deny the request to vacate, although it was not a unanimous decision,” said Richard.
After much discussion and review of the map, commissioners moved to accept the recommendation of the APC, adding they would be open to an encroachment agreement for the septic to avoid this being an issue or a violation. Reust offered to draw up the encroachment agreement.
Kosciusko County Highway Superintendent Scott Tilden presented his bid recommendation for a tandem axle dump truck. Tilden recommended awarding the bid to TransChicago Truck Group, Gary, in the amount of $172,943, for a 2019 Western Star Tandem Axle Chassie with dump body equipment. This recommendation was approved.
Tilden further requested approval of a speed limit ordinance for a portion of Armstrong Road near Oswego. Tilden stated they would like to extend the 45 mph speed limit in that area to the east to encompass the curve areas. This was approved by commissioners.
Other news:
- Rhonda Helser attended the meeting as a representative of the Board of Finance. Helser requested Commissioner President Bob Conley to be president of the Board of Finance Committee. Conley accepted, and this was approved by commissioners.
- County Auditor Michelle Puckett advised that the Syracuse Library requested that Cynthia Thornburg be appointed to their board. This was approved.
- Commissioners approved a request by Veteran Affairs Officer Rich Maron for continuance of VetraSpec software EHB grant in the amount of $449.
- Kosciusko Community Corrections Director Anna Bailey requested a continuance of a state grant, which she described as the same type of grant and the same amount they have been receiving for the past two years. Commissioners approved the grant request.
- Owen Wolferman, Evan Wolferman and Hunter Hlutke, all of troop 726 out of North Webster, were presented with plaques for achieving the rank of Eagle Scout.
- Wes Stouder was reappointed to the Economic Development Commission.
- The next regular meeting will be held at 9 a.m. Tuesday, Feb. 6.