Meeting Minutes, Town Board, November 9, 2020

November 9, 2020 

Chairman Terry Theis called the Public Hearing on the 2021 budget to order at 6:30 pm on Monday, November 9, 2020 at the Viola Fire Station and proper public notice was affirmed.  A list of attendees is attached to these minutes.  Clerk Polhamus reviewed the proposed budget and answered questions.  There was no increase in new net construction this year so our percentage increase allowable is zero.  With the debt that was taken out in 2020 we have an annual debt payment of $22,500 so that will be added to the debt levy.  Motion by Adrian Amelse/second by Nicole Rakobitsch to adjourn the public hearing at 6:31 pm.  All in favor.  Motion carried.

Chairman Terry Theis called the Special Town meeting of Electors to order at 6:31 pm.  Motion by Paul Linskens/second by Adrian Amelse to approve the Operating Levy of $67,360 and Debt Levy of $22,500 for a total levy of $89,860.  All in favor.  Motion carried.  Motion by Paul Linskens/second by Nicole Rakobitsch to adjourn the meeting of electors at 6:32 pm.  All in favor.  Motion carried.

  1. Chairman Terry Theis called the regular monthly meeting of the Town of Liberty to order at 6:32 pm.  Members present were Terry Theis, Adrian Amelse, Nicole Rakobitsch, Treasurer Karen Peterson and Clerk Lori Polhamus.
  2. Clerk Lori Polhamus read the minutes of the October 12, 2020 meeting.  Motion by Amelse/second by Rakobitsch to approve the minutes as read.  All in favor.  Motion carried.
  3. Treasurer’s report (report attached) Peterson read the Treasurer’s report.  Beginning cash balance as of 10/1/2020 was $58,734.41 and an ending cash balance as of 10/31/2020 of $63,626.85 was reported.  Interest year to date on the General Fund was $34.92 and interest year to date on the Tax account was $93.24.  There is $61,443.99 available in the tax account.  Receipts include transportation aids, gravel and driveway payments, interest and dividends.
  4. Patrolman’s report- the truck was taken in for new rear tires, the oil leak for the underbelly blade will be repaired and should be back tomorrow.  Six more no shining signs have been taken in the last three weeks.  Ames Road needs a new sign.  Once the roads freeze they will push brush and trees.  The grader will need a front tire and the gravel amount for next year will stay the same.
  5. Recycling Attendant report - none
  6. First Period for public comment – Ben Reynolds had a question regarding his registration when voting.  Nicole stated that shining is still happening.
  7. Town Announcements- Theis stated he is working on the Gore Hollow survey work and more info will be brought to the December meeting. The Board moved to item ten on the agenda.
  8. Discussion with possible action on 2021 Humane Society Contract – Motion by Amelse/second by Rakobitsch to approve the 2021 contract for unlimited dogs and cats for $812.48.  All in favor.  Motion carried.
  9. Adopt 2021 budget- Motion by Amelse/second by Rakobitsch to adopt the 2021 budget as presented in the public hearing.  All in favor.  Motion carried.
  10. Discussion/action on FEMA application to purchase Blaser property at E11398 State Hwy 56 – Diane McGinnis explained to the board that the Town has the opportunity to buyout the Blaser property that has had repetitive damages due to flooding.  There is a FEMA grant available that we can apply for to help mitigate repetitive damages and this property has been on the violation list for the County so mitigation is necessary. Ninety percent of the cost is paid by FEMA for items such as appraisals, demolition, supplemental housing, etc.  The local share is ten percent and the property owner could donate this but we would need commitment from the property owner.  The grant has to be applied for by the Town and the County would partner with us via MOU. The County plans on doing the entering of the application on the Town's behalf.  The pre-application is due by November 20th with review by Emergency Mgmt and the final application is due January 22nd.  The results would be done in June 2021 for the grant with the project to be finished in the spring of 2022 and the Town would own the land and it comes off the tax roll.  Motion by Amelse/second by Rakobitsch to approve the FEMA application process for the Blaser property.  All in favor.  Motion carried. The Board returned to item eight on the agenda.
  11. Discussion with possible action on Gore Hollow Road signage – Mike Hammje stated there are safety issues with children playing on the road so would like a slow children at play sign put up as this is a narrow road with a lot of kids.  An update on this will be put on the December agenda.
  12. Discussion/action on ordinance fines for James Allen property – Allen has received two letters regarding the violations on his property and he signed for them on 10/24/2020.  Theis has been working with the County Zoning office because of the pipe coming out of the cabin.  The County stated he is in violation of sanitary permits.  Theis contacted the State and they said Allen must cease and desist and the cabin must be removed from the property.  Theis received a picture of the cabin and the recording of the conversation that Allen had with the State so he is aware of his restrictions.  He is accumulating $300/day in violations and he has not responded.  Theis stated he finally called today and stated the cabin is for temporary use, is on a trailer and should be removed by the end of the week.  He also needs to get Theis a copy of the State access permit, the driveway permit and fire # application yet.  The State, however, wants the driveway removed too which would leave no access to his property.  Theis would like to consult with Nikki Swayne on next steps.  The Board felt Theis should wait until the end of the week to see if the cabin is removed and use legal counsel as necessary but to keep both fines for now.  Motion by Rakobitsch/second by Amelse to hire Nikki Swayne to enforce the fines regarding the building and driveway permits against the James Allen property.  All in favor.  Motion carried.
  13. Zoning committee update – the committee met on October 28th and are reconsidering the multiple districts.  Our draft has a single district.  Nikki Swayne attended the meeting also to help explain the need for the districts.  George Wilber from Whitestown also attended the meeting and we don't need a zoning ordinance in place to do the cell tower ordinance now.  They have another meeting on November 18th.
  14. Cell tower ordinance discussion with possible action – the board reviewed the draft mobile tower siting and collocation ordinance drafted by Nikki Swayne.  An annual fee schedule for ordinances was recommended.  An application will be needed and the zoning wording will need to be removed from the draft.  Electrical should also be added along with fire number requirements.  Rakobitsch will work on the updates and bring back at the  December meeting.
  15. Action & approval on monthly bills- Motion by Amelse/second by Rakobitsch to approve total bills of $32,800.31 as presented.  All in favor.  Motion carried.
  16. Approval on building permits – Orlin sent a text to Gabe Williams to re-do a building permit and to stop construction until a permit is obtained.  He looked at the Workowski building which is on a trailer and doesn't require a permit by ordinance.
  17. Second period for public comment- the mobile home ordinance is not listed on the website.  Paul stated he did an informal survey on the dust issue.  He stated that 80% of the people he talked to stated it was not a problem and the 20% thought it was an issue because of cleaning of their cars.
  18. Future agenda items- Review of our Mobile home ordinance, no shining sign discussion and possible procurement and dust control update

Motion by Amelse/second by Rakobitsch to adjourn the meeting at 7:59 pm.  All in favor.  Motion carried.

Minutes submitted by:  Lori Polhamus, Town Clerk