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, the Harris Bank drive-in office in Mt. Horeb, and on the front door of the town hall.
Present: Chair, Barbara Grenlie; Supervisors, Don McKay, Larry Ziemer and Todd Culliton; Clerk Marc Robertson. Supervisor Kevin Kuntz was absent.
APPROVAL OF AGENDA
A motion to approve the agenda was made by Todd Culliton, seconded by Don McKay and approved.
RECONSIDERATION OF APPROVAL OF DANE COUNTY ORDINANCE AMENDMENT 26, 2013-14 REGARDING ABANDONED NONCONFORMINING MINERAL EXTRACTION SITES
Present in addition to Supervisors, Planning Commission members and a representative of the press were Robin Loger of Yahara Materials, Tim Geoghegan also of Yahara Materials and a member of Dane County Aggregate Producers and Tim Roehl, a Supervisor from the Town of Springfield and Vice President of the Dane County Towns Association.
Todd Culliton, Supervisor and Chair of the Planning Commission, attended a Dane County Towns Association meeting at which more information was provided concerning OA#26 than had been previously known to Planning Commission or Board members. Among the reasons for the change in sentiment regarding this ordinance amendment is the growing opinion that is poorly drafted, with among other things, no definition of the word “active” when applied to quarrying operations. This additional information has led a number of towns to favor slowing down the process of ordinance amendment adoption to allow further analysis and consideration. Dane County has declined to depart from the currently established hearing and ordinance adoption schedule, which has led a number of town boards to reconsider their original approvals of OA#26. As of the time of this special meeting a sufficient number of Dane County towns have voted against OA#26 to veto it.
Another question, which also applies to a number of local ordinances that have either been passed or are now under consideration, is whether local regulations can be more restrictive that State Statutes. The principle of Home Rule when applied by the courts may allow more restrictive regulation, though room for further court interpretation remains.
Todd Culliton moved that the previous approval of OA#26 be withdrawn, Larry Ziemer seconded and the motion was approved. Todd Culliton moved that the Board vote to disapprove OA#26, Don McKay seconded the motion and it was approved. Barbara Grenlie made a friendly amendment that a no vote applies to OA#26 as currently drafted, with the understanding that a future ordinance addressing the same topic may meet with Board approval after sufficient time has been allowed for careful consideration. Larry Ziemer seconded the friendly amendment and it was approved.
DISCUSSION AND POSSIBLE APPROVAL OF AMENDMENTS TO SHORT TERM AMUSEMENT AND RECREATION EVENT ORDINANCE AND CHANGES TO APPLICATION
Among the topics considered is whether a separate application form should be submitted for each day of a multi-day event. Also discussed was whether there should be separate ordinances and applications for road events and events involving stationary assemblies. The use of a bond in lieu of a per-participant permit fee is another option.
Don McKay suggested that events starting and stopping outside the Town and only passing through the Town on public roads should not be treated the same as events likely to require parking, security and sanitary facilities inside the Town. An alternative view is that road events only passing through can generate problems for the Town and should have similar permitting requirements. Ordinance and application updates to be suggested to the Planning Commission include whether a separate application should be required for each day of an event, the option of a bond with a minimum value of $10,000 versus a sliding scale permit fee, and alternatives (such as reverse 911) to a written notification letter to residents concerning an event’s schedule.
An alternative sliding scale permit fee structure for road events would be based on miles of Town road covered by the event rather than number of participants, with a possible additional factor being the number of laps over the same route taken by an event. Also important is establishing whether road closures will occur, with the possible complication that events held only on County roads may effectively close Town roads due to access being denied or restricted.
A hold harmless agreement, to be signed by applicants, has been drafted for future use. It requires professional review, with the possible complication that Wisconsin Statutes provide exceptions to requiring a signature on a hold harmless agreement.
Another issue is whether a limitation should be placed on the number of events that will be permitted during a time period. Suggested wording for an addition to the ordinance is that the Town reserves the right to limit the number of events per month if the events are deemed to be a hardship to Town residents. Additional suggested wording would limit events or provide a reason for denial of a permit for events because the time, size or nature of the event is incompatible with the normal activities at that location so as to impermissibly intrude on the comfort or convenience of local residents or their ability to make a living.
ADJOURNMENT
A motion was made by Larry Ziemer and seconded by Don McKay that the meeting adjourn. The meeting was adjourned at 9:35.
Marc Robertson, Town Clerk