MINUTES

TOWN OF VERMONT BOARD MEETING

August 13, 2012


The meeting notice has been posted at the Black Earth Branch of the State Bank of Cross Plains, at John Bird Accounting in Black Earth, Harris 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, Mark Sherven; Supervisors, John Smith, Barbara Grenlie, Don McKay and Larry Ziemer; Clerk Marc Robertson and Treasurer Kathy Smith.


APPROVAL OF AGENDA


A motion to approve the agenda was made by Larry Ziemer, seconded by John Smith and approved.


CHAIRMAN’S REPORT AND CORRESPONDENCE


There will be a Dane County Towns Association meeting this week where the topics will include updates on proposed changes to the Dane County Farmland Preservation plan, proposed modifications to the current 66 foot road frontage requirement for land divisions and the future of the Capital Area Regional Planning Commission.

CITIZEN INPUT


There was no citizen input.


APPROVAL OF MINUTES


Barbara Grenlie moved approval of the minutes of the July 9h meeting, Larry Ziemer seconded, and the minutes were approved with the addition of a notation that an August 31 deadline had been established for the removal of a graveled area adjoining North Road on the Carl and Karen Johnson property.


TREASURER’S REPORT


Total deposits for the month of July were $28,270.36. $20,937.13 was received as State Transportation Aid, $3,395.39 as the annual fire dues distribution, $1,444.20 as State Shared Revenue and $1,370.58 from the State as MFL Yield Tax. $595.04 was received for building permits, $325 for Driveway Permits, $100 for a recreation permit, $37 for exempt computer aid, $25 for assessment searches and the remainder was $41.02 in interest.


A motion was made by Don McKay and seconded by Larry Ziemer to accept the Treasurer’s report and the motion was approved.


CLERK’S REPORT


The largest check is $10,876 for the final 2012 payment to the Mt. Horeb Fire District. That is the only check of note this month. The primary election is tomorrow, August 14th.


A motion was made by John Smith and seconded by Barb Grenlie to accept the Clerk’s report, and the motion was approved.


PAYMENT OF BILLS


Approval is sought for payment of bills for July, 2012, paid by checks numbered 3045 through 3073 and ACH transfer 12 for health insurance. Checks 3045 and 3046 arrived the day of the last meeting and were discussed then. Check 3047 was for the propane prepay agreed to at that meeting. Check 3049 is for office supplies and was sent out early. Also included in this listing are August checks 3074 and 3075 for road engineering and permit fee bills that arrived the day of the meeting.


A motion was made by Barbara Grenlie and seconded by Don McKay to approve payment of bills for July 2012 and the motion was approved.


CONSIDERATION AND POSSIBLE APPROVAL OF PLANNING COMMISSION RECOMMENDATION REGARDING LAND DIVISION AND REZONE APPLICATION FOR AESCHLIMANN PROPERTY AT 4524 BLUE MOUNDS TRAIL


It was noted that while the address of the applicant is 4524 Blue Mounds Trail, the actual residential lot being rezoned is 4473. Twenty acres and an existing residence are being split off of an existing 82 acre parcel and the rezone request is from A-1EX to A-2 for that parcel. It appears that no development rights beyond the existing residence will be retained by the rezoned parcel. The Planning Commission recommended approval of the rezone. Mark Sherven moved approval of the rezone with the provision that while 66 feet of road frontage is being retained by the 62 acre remainder, no driveway permit is being granted or guaranteed by the Board to that remaining parcel. John Smith seconded the motion and the rezone was approved.


CONSIDERATION AND POSSIBLE APPROVAL OF DISCONTINUANCE OF LICKEL ROAD AND END PORTION OF KELLIHER ROAD


John Smith moved and Larry Ziemer seconded that proceedings to discontinue Lickel Road be discontinued and the motion was approved. The Town attorney will be instructed to release the Lis Pendens filed with the Dane County Register of Deeds regarding this proposed discontinuance. When available, a copy of that release will be filed in the minutes book together with the minutes of this meeting.


Engineering work and permits for a turnaround on Kelliher Road are in process. For that reason, further consideration of the Kelliher Road agenda item is postponed.


DISCUSSION OF DRAFT DANE COUNTY ORDINANCE AMENDMENT #11, 2012 – 13, REGARDING THE KEEPING OF DOMESTICATED FOWL IN SINGLE FAMILY RESIDENTIAL YARDS


The Planning Commission had no opinion regarding this Ordinance Amendment. Barbara Grenlie moved that the Board express no opinion on this amendment since it does not apply to the Town, and John Smith seconded the motion. Larry Ziemer made a friendly amendment to the motion questioning the proposed $15 permit fee, which was accepted. The motion failed.


Mark Sherven moved that the Board recommend approval of the amendment with changes proposed by the Dane County Towns Association together with concerns about the $15 fee. Don McKay seconded and the motion was approved, with Barbara Grenlie voting no.


DISCUSSION OF PROPOSED CHANGES TO DANE COUNTY A-1EX (EXCLUSIVE AGRICULTURE), A-4 (SMALL LOT AGRICULTURE), AND A-B (AGRICULTURE BUSINESS) DISTRICT REGULATIONS


At this stage, Dane County is seeking comments on these proposals and formal approval is not required. A Planning Commission review suggested that these revisions may provide added flexibility for ag-related businesses and “niche” businesses. Mark Sherven moved that the Board submit to the County the Planning Commission comment together with any comments forthcoming from the Board. Larry Ziemer seconded the motion. During subsequent discussion, further comments, both verbal and written, were forthcoming. These comments included:


Under discussion of “A-1EX permitted and conditional uses:” there is the phrase “while providing a degree of flexibility to consider additional, unlisted uses”. It is unclear to some where this flexibility lies or whether it is always a good thing; some businesses that may be contrary to the Town land use plan may be allowable.


Under Article 3 (2b), the phrases “”or incidental to, an agricultural use” and “whether or not associated with an agricultural use” were considered ambiguous and confusing, presumably since the general category is “Agricultural Accessory Use”.


Under Article 5 (23f), the phrase “common ownership” may not adequately address the variety of ways that a farm business may be organized or the large percentage of farmland currently rented. This also applies to Article 7. (23gb)(a).


It was felt that Article 10. (50m) “Rental income may not be used to meet the income requirement” is a substantive change to current policy, a sufficiently large change that towns should be able to reconsider participation in A1-EX zoning.


Article 14(4) adds additional County control over rural residences and the question arises whether such controls are required by the State as part of the Farmland Preservation Law revisions, or simply reflect a desire by the County for more central control. This is another case where a sufficiently large change is being proposed that towns should be able to reconsider participation in A1-EX zoning.


The motion that these comments be submitted to the County was approved.


BEGIN DELIBERATIONS ON 2013 BUDGET


It is early in the budget process, with some important numbers still to be supplied by other entities. Decisions to be made for 2013 include how far to proceed on the garage addition beyond what can be done with the 2012 budget of $35,000. Future resources to be used for invasive species control will also need to be decided. The procedure for adjusting treasurer and clerk salaries needs to be researched. If it is decided to introduce Town-wide refuse and recycling pickup, the Town will need to budget for the first year’s charges before it can be billed to citizens. The large Town truck will need to be replaced within several years, so money should be added to that reserve fund.


COMMITTEE REPORTS


An ordinance amendment is being drafted at the Dane County level to modify the current road frontage requirement for land divisions, with Larry Ziemer attending these meetings.


There is a fire district concern about the upkeep of some private driveways, since damage to fire department vehicles has occurred during fire calls. This and other fire department topics may be the subject of an upcoming article for Vermont’s Voice.


2012 chip sealing has been completed. There were issues concerning the ability of equipment to maneuver at the end of Broderick Road.


Plans for the proposed garage addition have been received from the architect, a road committee meeting will be held to finalize bid specifics.


A 2012–2013 contract for propane has been signed with Allegiant Oil and the tank serving the town hall and garage has already been replaced.


DISCUSSION OF AGENDA ITEMS FOR SEPTEMBER MEETING


Possible discontinuance of the end portion of Kelliher Road will be on the agenda as well as possible acceptance of bids for the Town garage addition and secession from Dane County.


ADJOURNMENT


A motion was made by John Smith and seconded by Larry Ziemer that the meeting adjourn. The meeting was adjourned at 9:45.

Marc Robertson, Town Clerk