MINUTES
TOWN OF VERMONT BOARD MEETING
July 10, 2006
Call to order and certification of notice posting. The clerk certified that the notice had been posted at the Black Earth State Bank, at John Bird Accounting in Black Earth, Amcore Bank in Mt. Horeb, on the town web site www.townofvermont.com, and on the front door of the town hall. It was also published in the News Sickle-Arrow and the Mt. Horeb Mail.
Present: Chairman, Steven Cowan; Supervisors, Barbara Grenlie, Bill Hanson, Don McKay and Mark Sherven; Clerk Marc Robertson and Treasurer Sarah Danz.
APPROVAL OF AGENDA
A motion to approve the agenda was made by Don McKay, seconded by Mark Sherven and approved.
CHAIRMAN’S REPORT AND CORRESPONDENCE
Three copies have been made of the 1985 property ownership maps which assist the Town in deliberations regarding potential development rights, and the original returned to the safety deposit box in the Black Earth State Bank.
The Dane County Sheriff’s Department issued three tickets were issued during the Horribly Hilly Hundreds bicycle event, including one to an automobile.
All money donated by bicycle groups to the Town picnic has been returned.
It is time to begin discussion regarding improving the last one-third mile of Bell Road to address safety issues.
The Town picnic will run from 11:00 a. m. to 3:00 p. m. on Sunday, September 10.
The Safe Harbor Child Advocacy Center is planning a motorcycle ride through the area on August 19th. Mark Sherven moved that the group be required to fill out the recreation permit application, with the fee waived. Barbara Grenlie seconded the motion and the motion was approved.
A letter from Senator Herb Kohl thanked the Town for its letter advising the Senator of the results of our spring referendum vote regarding the war in Iraq.
The Upper Sugar River Watershed Association is requesting the same $50 contribution that we have provided in the past, which has already been budgeted. Bill Hanson moved that the Town contribute $50, Barbara Grenlie seconded, and the motion was approved.
CITIZEN INPUT
Don McKay indicated that Tyrol Basin is planning a snow tubing area on the northwest corner of the property, which is expected to provide seasonal employment for approximately 11 people and operate on Friday nights, Saturdays and Sundays from December 26th to the middle of March.
APPROVAL OF MINUTES
Barbara Grenlie moved approval of the minutes, Don McKay seconded, and the minutes were approved.
Deposits for the month of June were $3,814.45. The largest categories were two site visit/driveway permits for a total of $2,300 and a WI DNR Managed Forest Land Payment for $813.99. Interest income totaled $412.46 and building permits totaled $280. Treasurer and clerk reconciliation showed that accounts were in balance, with the sum of all Town accounts showing $106,226.07.
A motion was made by Mark Sherven and seconded by Bill Hanson to accept the Treasurer’s report, and the motion was approved.
CLERK’S REPORT
The June balance sheet showed total liabilities & equity at the end of the month of $106,226.07. Since June is the end of a quarter, an unusually large number of checks were written this month. Of note were the 3rd quarter Black Earth Fire District and District 1 EMS payments, the 2nd and final Bohn Road guardrail rebuilding payment. We also spent $8,972 for cold mix asphalt.
Barbara Grenlie moved to accept the clerk’s report, Mark Sherven seconded, and the report was accepted.
PAYMENT OF BILLS
Approval is sought for payment of bills for June 2006 paid by checks numbered 10997 through 11052.
Motion was made by Barbara Grenlie and seconded by Don McKay to approve payment of bills for June and the motion was approved.
DISCUSSION OF DISTRICT ONE EMS SPACE NEEDS
Tom Schlick and Jim Wick were present to discuss the future space needs of District One EMS. Volunteer personnel are currently short of space for meetings and training, do not have a secure area for equipment and records and lack adequate private and quiet space for different shifts. Several options are being considered in the Mazomanie area.
CONSIDERATION OF PLANNING COMMISSION RECOMMENDATION REGARDING FARM PLAN, HOME SITE AND DRIVEWAY APPROVAL, COUNTY J, GARY CUSHMAN
Mark Sherven moved that the Cushman farm plan be approved, Bill Hanson seconded and the plan was approved. Bill Hanson moved that the home site and driveway permits be approved contingent on the receipt of documentation confirming required DNR and Dane County approvals, Don McKay seconded, and the motion was approved.
CONSIDERATION OF PLANNING COMMISSION RECOMMENDATION REGARDING
APPLICATION FOR REZONING, HOME SITE AND DRIVEWAY APPROVAL ON LOTS 2 & 3, 10362 BELL ROAD, MARIAN SWOBODA
It had been requested that a further measurement be supplied of the distance between the lot 2 house site envelope and the southeast property line. The applicant indicated that the distance is 309 feet. Don McKay moved approval of the rezoning to RH 3, home site and driveway permit for lot 2. Barbara Grenlie seconded and the motion was approved.
Barbara Grenlie moved approval of the rezoning to RH 4, home site and driveway permit for lot 3. Don McKay seconded and the motion was approved.
CONSIDERATION OF PLANNING COMMISSION RECOMMENDATION REGARDING
REZONING, HOME SITE AND DRIVEWAY APPROVAL, 10292 BELL ROAD, TODD AND KELLY PETERSON
Mark Sherven indicated that an application for zoning change, driveway and house site approval had been approved by the Planning Commission with much reluctance. Also, six months had elapsed between the site visit and the Peterson appearance before the Planning Commission. During that period, three new Planning Commission members had been appointed and upon reflection it was felt that another site visit would be appropriate before Board consideration of the applications.
Bill Hanson moved that the applications be approved and the motion was seconded by
Steve Cowan. Barbara Grenlie and Mark Sherven voted no, Bill Hanson and Steve Cowan voted yes, Don McKay abstained, and the motion was declared to have failed.
Mark Sherven moved that the applications be sent back to the Planning Commission for rereview and the motion was seconded by Bill Hanson. Don McKay, Bill Hanson, Mark Sherven and Barbara Grenlie voted yes and Steve Cowan voted no, the applications were returned to the Planning Commission for review.
Bill Hanson moved that no further fees be required of the applicants. Barbara Grenlie seconded the motion and it was approved.
DISCUSSION WITH TOWN ATTORNEY REGARDING THE TOWN’S BICYCLE RECREATION PERMIT LEGALITY AND THE TOWN’S LIABILITY REGARDING BICYCLE EVENTS
The Town Attorney, Kay Millonzi, indicated her belief that the Town’s liability regarding bicycle events on Town roads is no different than its liability to any other user of the roads. Regarding deployment of bicycle event warning signs currently available to the Town, she felt that on balance there was a greater legal risk to the Town in not taking steps to warn the general public of an event in progress than in taking no warning action. However, the overall level of liability risk is low.
She did feel that now that the signs are available, they should be consistently used since the Town has created a duty for itself by having the signs. The safest course of action would be for the Town to have event sponsors take responsibility for sign placement as part of the Recreation Permit application process. The Town cannot necessarily reduce its liability by eliminating the permitting process, since event organizers only need to make their intentions known to the Town in order to create a potentially unsafe condition for the general public requiring a Town response.
Ms. Millonzi noted that Wisconsin Statute 349.185 specifically allows local governments to "Regulate community events or celebrations, processions or assemblages on the highways ..".
Two issues regarding the Recreation Permit as currently written is that the grounds for denial are based on the public safety requirements of fixed locations rather than the safety aspects of mobile events, and the fact that there are no penalties for violating the Recreation Permit Ordinance.
General discussion followed regarding the need to revision of the ordinance in collaboration between the Town and affected organizing groups, including the possibility of having the end result more closely resemble a contract rather than an ordinance.
CONSIDERATION OF RECREATION PERMIT APPLICATION BY BOMBAY BICYCLE CLUB FOR SEPTEMBER 2, 2006 RIGHT STUFF CENTURY EVENT
No Recreation Permit application has been filled out by the Bombay Bicycle Club. Their president noted that there are no penalties for disregarding the ordinance, and that the organizers have provided or will provide the liability insurance and other information required in the application. Mark Sherven suggested that the organizers fill out the permit application and submit the permit fee, but the organization president felt it unlikely that their board would do so.
Barbara Grenlie noted that our Town Attorney has indicated that the Town does have the authority under Wisconsin Statute 349.185 to regulate these events. Bill Hanson moved that Town Attorney Kay Millonzi be directed to write a revised ordinance directed toward large groups using Town roads, with penalties for noncompliance and accompanying recommendations regarding the most appropriate mechanisms for ordinance enforcement. Barbara Grenlie seconded the motion and it passed.
DISCUSSION OF HORRIBLY HILLY HUNDREDS EVENT
Don McKay spent time observing the event from a variety of locations. Stop sign violations characterized both automobile and bicycle traffic. A potential safety issue is the congregation of stopped bicycles on the pavement in the vicinity of rest stops.
CONSIDERATION OF THE AWARDING OF A CONTRACT FOR EXTERIOR WORK ON THE SALT SHED
Mark Sherven presented the bids that had been received for refinishing the salt shed exterior. Bill Hanson moved that a bid from Sherrie Miller for $875 for labor, with the Town providing materials. Steve Cowan seconded the motion and it passed.
CONSIDERATION OF 2006-2007 PROPANE CONTRACT WITH PREMIER COOPERATIVE
Barbara Grenlie moved that the Town contract for 2,500 gallons of propane from Premier Cooperative. Steve Cowan seconded the motion and it passed.
DISCUSSION OF FIRE-PROOF DOCUMENT STORAGE AND BUILDING SECURITY POLICY
Bill Hanson reported that there are not currently surplus fireproof safes available from the State of Wisconsin, but he volunteered one that he owns for Town use.
CONSIDERATION OF ADOPTION OF RESOLUTION CREATING NEW REGIONAL PLANNING COMMISSION
Mark Sherven moved that a resolution supporting the creation of a Capitol Area Regional Planning Commission be adopted by the Board. Steve Cowan seconded and the motion was approved.
COMMITTEE REPORTS
On behalf of the Road Committee, Mark Sherven reported that the culvert work on Pleasant Valley Road has been completed in preparation for the overlay work.
The Mt. Horeb Fire Department is in the process of changing the bylaws to remove the requirement that budgetary decisions be agreed to by all municipalities participating in the fire district. They are applying for a federal grant to fund two full time positions, to supplement the current all volunteer force. However, the federal funding contribution will progressively decline over time so that in 5 years the positions will be entirely locally funded.
Discussion regarding District One EMS space needs continues, with citizen comment that consideration should be given to a more central location.
DISCUSSION OF AGENDA ITEMS FOR AUGUST MEETING
The Board might expect a report on any progress being made by the Town Attorney on Recreation Permit Revision.
At 6:30, prior to the 7:30 Board meeting, there will be a meeting of interested Bell Road residents concerning future road improvements.
ADJOURNMENT
A motion was made by Mark Sherven and seconded by Barbara Grenlie that the meeting adjourn. The meeting was adjourned at 10:07.
Marc Robertson, Town Clerk