MINUTES

TOWN OF VERMONT BOARD MEETING

March 10, 2014


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 drive-in office 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: Chair, Barbara Grenlie; Supervisors, Don McKay, Larry Ziemer and Kevin Kuntz; Clerk Marc Robertson and Treasurer Kathy Smith. Supervisor Todd Culliton was absent.


APPROVAL OF AGENDA


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


CHAIRMAN’S REPORT AND ACKNOWLEDGEMENTS


There will be a meeting on March 13th at the Mt. Horeb Community Center concerning the balance between state and local control of natural resource development questions. Notification has also been received of a March 18th Dane County Comprehensive Plan Steering Committee meeting concerning Resource Protection Corridors.

APPROVAL OF MINUTES


Don McKay moved approval of the minutes of the February 10th meeting, Larry Ziemer seconded, and the minutes were approved.


TREASURER’S REPORT


Total deposits for the month of February were $135,459.13. $130,791.54 was for 2014 taxes collected at the end of January 2014, $3,198.27 was Payment in Lieu of Taxes from the DNR, $850 was for driveway permits and site visits, $351 was for building permits, $180 was for dog licenses, $50 for assessment searches, $25 for a recreation permit and the remainder was $13.32 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 Spring election will be on April 1st. The spring primary had a light turnout, as expected, and the new voting machine worked without problems. The first 11 February checks have already gone out. Eight were for property tax settlements that needed to go out promptly, 2 were for bills that arrived the day of the February meeting and were discussed at that meeting and 1 was to our workers compensation insurer for a bill that was due before this meeting. Check 3800 is for another Ford truck repair and checks 3812 through 3815 are refunds for property tax overpayments.


A motion was made by Larry Ziemer and seconded by Kevin Kuntz to accept the Clerk’s report, and the motion was approved.


PATROLMAN, LIAISON AND FIRE & EMS DISTRICT REPORTS


The Town Patrolman reported that bids are being received for possible replacement of the garage floor and repaving of the parking lot. Signs will need to be put up when the State determines that spring weight limits should be in effect. The Mt. Horeb Fire Department will soon begin negotiations over purchase of land adjoining their present fire house location. They are also planning to replace Rescue 38 with a new unit. Squad 1 is being offered for sale and the Department has received offers that are considered favorable. The Department has changed insurance companies to one offering lower priced coverage. The Black Earth Fire Department has replaced their 1993 Suburban Command Vehicle with a 2014 Ford Expedition. New DaneCom radios have been received and are being programmed. A new Black Earth Joint Fire District contract with participating municipalities is being drafted.


UPDATE FROM DANE COUNTY COMMUNITY DEPUTY


Deputy Longley complimented the Town patrolman on the condition of the roads this past winter. She presented a summary report on 2013 Sheriff’s Department calls within the Town, as well as a report on calls to date in 2014. DaneCom testing continues, with the goal of improving reception in rural areas that currently fall within “dead spots”. Citizens can sign up cell phone numbers as well as land line numbers to receive reverse 911 calls from Dane County.


PAYMENT OF BILLS


Approval is sought for payment of bills for February 2014, paid by checks numbered 3773 through 3817 and ACH transfers 7 and 8 for health insurance and retirement contributions. Checks other than those discussed in the Clerk’s report are for normal supplies, repairs and maintenance and for regular monthly bills


A motion was made by Larry Ziemer and seconded by Kevin Kuntz to approve payment of bills for February 2014 and the motion was approved.


DISCUSSION AND POSSIBLE APPROVAL OF PLANNING COMMISSION RECOMMENDATIONS REGARDING DRIVEWAY/FARM ROAD CONSTRUCTION PERMIT APPLICATION AND HOMESITE/REZONE APPLICATION FOR ERIC GROVER/WILLIAM PARRELL PROPERTY AT 4612 BLUE MOUNDS TRAIL


This item was postponed.


DISCUSSION AND POSSIBLE APPROVAL OF AMENDMENTS TO SHORT TERM AMUSEMENT AND RECREATION EVENT ORDINANCE AND CHANGES TO APPLICATION


The Chair reported that the Town attorney could find nothing in State Statutes or County Ordinances that prevents the Town from increasing Amusement and Recreation Event permit fees. Representatives of the two permit applicants who have expressed opinions on the subject indicate no objection to either the increased fees or to having the fee based on a sliding scale related to number of event participants. Russel Larson, representing the Horribly Hilly Hundreds event, did express a concern that the sliding scale as presently constructed might adversely impact smaller events. The option of having event organizers obtain a surety bond was discussed at the February meeting. Since then Mr. Larson has determined that the premium for such a bond would be $10 per $1,000 of coverage, with a minimum premium of $100. Present board opinion appears to be that the higher fees are the preferred alternative to the bond requirement.


The Chair noted that the Town Amusement and Recreation Event Ordinance is lacking in some areas when compared to County permitting requirements for similar events. In particular, the Town Ordinance presently does not require an agreement to be signed by event organizers protecting the Town from claims arising from conduct of the event. Additionally, the Chair suggested that a statement be added to the hold harmless agreement indicating that the event organizer agrees that any costs incurred as a result of their recreational event are the full responsibility of the organizers. The Horribly Hilly Hundreds event application currently before the Board adequately addresses this issue, so adding wording to this effect for future applications will be satisfactory. Larry Ziemer moved that such wording be added to the application, Don McKay seconded and the motion was approved.


CONSIDERATION AND POSSIBLE APPROVAL OF RECREATION PERMIT APPLICATION FROM RACE DAY EVENTS LLC FOR JUNE 14TH HORRIBLY HILLY HUNDREDS BICYCLE EVENT


Russel Larson was present representing the Horribly Hilly Hundreds bicycle event. Also present was Jennifer Kuhn representing Breakfast on the Farm, which will be held on the morning of and close to the route of the Horribly Hilly Hundreds. Because the Breakfast event averages 5,000 attendees, traffic conflicts could be an issue and she was present to help address potential concerns. The Chair noted that the Board should confirm that certificates of liability insurance submitted by organizers name the Town of Vermont as the Certificate holder. Larry Ziemer moved that the permit application for Horribly Hilly Hundreds be approved with the stipulation that a hold harmless agreement be signed by the organizers, Don McKay seconded and the motion was approved. In further discussion it was confirmed with Deputy Longley that reverse 911 calls would go to all Town residents, and not just those along the event route. It was agreed that the final permit cost will be $500, and that the organizers will appear at a Board meeting later in the summer, when mutually convenient, to discuss the event.


DISCUSSION AND POSSIBLE APPROVAL OF CHANGES TO DRIVEWAY ORDINANCE AND APPLICATION TO ALLOW FOR IN-PROGRESS INSPECTION OF CONSTRUCTION

Discussion centered around whether more monitoring of the driveway construction process is required. Changing the construction permit application to require that the applicant notify the Town when construction is to begin was recommended. A complicating factor is that landowners sometimes undertake field road maintenance or minor landscaping prior to actual driveway construction, so it may be difficult to ascertain the actual construction starting point. Another issue is whether interim inspections by the Driveway Committee will require an additional fee to be paid by the applicant. Further consideration of this item was referred to the Planning Commission, with Board consideration tentatively scheduled for the May meeting.




DISCUSSION OF POSSIBLE CELL TOWER LOCATION ORDINANCE


The potential interrelationship between State law and County and Town control, or lack of it, over cell tower location remains unclear. The attorney for the Dane County Towns Association will be contacted regarding the best way to proceed. The Wisconsin Towns association has a sample cell tower location ordinance on their web site, which may be a useful starting point. Further consideration of the subject was referred to the Planning Commission.

DISCUSSION AND POSSIBLE REPEAL OF TOWN ORDINANCE CHAPTER 13 – REGULATING THE SITING OF WIND ENERGY SYSTEMS

It was suggested that rather than repealing the ordinance, a permitting process be added to the existing ordinance. Further consideration of the subject was referred to the Planning Commission.


DISCUSSION OF FUTURE TOWN POLICY REGARDING TRANSFER OF DEVELOPMENT RIGHTS


Don McKay noted that current development restrictions might mean that in the Town of Vermont, very few areas would be considered suitable receiving areas for transferred development rights. Dane County offered their assistance in mapping areas that might be considered suitable receiving areas.


DISCUSSION OF AGENDA ITEMS FOR APRIL MEETING


Topics to be on the April agenda include discussion of Dane County Resources Protection Corridors, possible reconsideration of the February vote in favor of Dane County OA26, further discussion and possible approval of a cell tower location ordinance and permitting requirement, discussion and possible approval of the addition of a Town permit requirement for the siting and construction of wind energy systems and future Town policy regarding Transfer of Development Rights.


ADJOURNMENT


A motion was made by Larry Ziemer and seconded by Kevin Kuntz that the meeting adjourn. The meeting was adjourned at 9:20.

Marc Robertson, Town Clerk