Town of York, Green County, Wisconsin
Minutes of Monthly Board Meeting
Tuesday, June 11, 2024
Please Note: These Town Board meeting minutes are posted as draft-only to inform town residents of the topics addressed at the board meeting. These minutes are subject to review and possible revision at next month’s Town Board meeting and should not be considered official until they receive final board approval at that time.
The meeting was called to order by Dan Truttmann at 7:01 pm. The meeting was held via video conference on Zoom and in person. Chairman Dan Truttmann, 1st Supervisor Travis Leonard, 2nd Supervisor Aaron Gifford, and Clerk-Treasurer Brenda Hackbart were present. Verification of proper notice was given.
Public Comment – Several town residents in attendance with the following making public comments pertaining to UTV/ATV agenda item:
- Rachel Plum expressed gratitude for Town of York opening routes into Blanchardville in 2022-2023 and have seen some traffic into town as a result. But would request more routes to benefit Blanchardville community businesses as would bring in more tourism to avoid relying solely on Village residents for year-round revenue.
- April Prusia stated she’s heard from lots of Town residents with concerns and understands desire for businesses and residents wishing to allow ATV/UTV’s. To address safety concerns she suggested possible DNR Grant to provide up to 100% of county net costs for enforcement of ATV regulations since previous Sheriff said doesn’t intend to put efforts toward patrolling ATV/UTV and that DNR then responsible – knowing all have limited resources; example of Blue Mounds having their local ATV club taking accredited class so they can assist with patrolling; Town of York reporting to Sheriff of dangerous areas for better monitoring (cited Loyalty meeting Yankee Hollow, Sawmill meeting Hwy A, Hwy A to Hwy J with dangerous intersection, and Hwy J where crosses State Rd 39 with limited visibility); and suggested annual status updates of ATV/UTV usage to provide opportunity for continued improvements. Also noted the “traffic jams” when on 55 mph roads behind single or group of ATV/UTVs and advocates ‘pulling over’ to allow normal traffic to pass or imposing a ‘posse limit’ to alleviate said traffic jams.
- John Knicker provided printed ATV Trail Map for Board to review. Stated Gould Hill Rd is open and can now legally allow ATV/UTV traffic; but that York Township is cut up with available routes unless more County Roads open up, which limits all Town citizens from benefiting. Cited that Town of New Glarus is placing a binding referendum on the Fall ballot voting on whether to open all roads for ATV/UTV use, which may make difference for York – would still have challenges if county roads do not open as cannot go in all directions, so must pursue that path first. Stated once in Blanchardville, must possess liability insurance but York township does not include this in our ordinance presently. Commented on safety concerns for all but especially children without helmets/seatbelts/roll cage/etc. which vary between ATV and UTV; differences in ordinances creates loopholes between municipalities and liability issues; noted cannot have open liquor in Blanchardville but can drive under influence as doesn’t impact driver’s license; speed limit differences causing confusion for drivers to adhere to rules.
- Meg Pokorny stated she and husband are still opposed to ATV/UTV travel on roadways as deemed unsafe vehicles by manufacturers, and unsafe vehicles on roads are unsafe for all travelers; and believes the Board isn’t going to simply expand routes just because everyone else is as should make decisions in best interest of our town.
- James Zradicka compared driving his UTV to criminal activity because must travel on/across unapproved roads to get to other areas that are listed routes in same township. Stated that the dangerous intersections noted earlier are unsafe whether in ATV/UTV or in truck or on motorcycle, so are irrelevant. Believes residents take licensing, safety and insurance measures for other types of vehicles so would do same for ATV/UTV; and hearing reference to opposite is offensive. Cited farmers on tractors or 4-wheelers on roadways to do their job so should be same for his recreational use and not be considered a criminal for traveling 20 miles from home. Referenced personal responsibility regarding speed limits like carrying firearm in knowing the law and being responsible.
- Tim McKeon compared ATV/UTVs to bicyclists, citing bicyclists are more unsafe due to riding in middle of roads and stopping in driveways due to being hot/tired; so should open up roads to be fair to everyone. Stated ATV/UTVs have tax imposed but bicyclists do not; so should be open to everybody.
- Mitch Blank is in support of Town opening up roads to ATV/UTV use and responsibility lies with whomever is behind the wheel, just like in any other vehicle, tractor, 4-wheeler, horseback, bicycle, etc. Stated there will always be irresponsible people but hope most are responsible. Referred to roadway by his residence, noting drivers crossing center line and only matter of time before bad accident; up to drivers to be responsible; these bad roadways exist everywhere.
- Aaron Skogen noted that the state requires ATV/UTVs carry liability insurance when on any blacktop roadway and can be given citation for not having it, same as car or truck.
Minutes of 5/14/2024 Town Board Meetings – Travis Leonard noted Dan Truttmann hadn’t been in contact with County Sherrif’s staff regarding County’s ATV/UTV ordinance; requested verbiage correction of “had heard”. Motion made by Travis Leonard to approve the Board Meeting minutes with aforementioned correction; second by Aaron Gifford. Motion carried.
Treasurer’s Report – The Treasurer’s Report was presented. Brenda Hackbart reported that waiting for journal entries from Town’s accountant which will update 2023 General Property Tax amount in Budget vs Actuals report; and clarified only pulling data through end of prior month for comparison. Motion made by Dan Truttmann to approve the Treasurer’s Report as presented; second by Travis Leonard. Motion carried.
Bills to be Paid- Bills to be paid were presented. Brenda Hackbart noted column added for clarification on if check printed, which would aid in identifying items seeking board approval. Motion made by Dan Truttmann to approve the bills to be paid; second by Aaron Gifford. Motion carried.
Patrolman’s Report- Lance Moen extended gratitude to all who helped with cleanup after the recent storm while he was on vacation. Patrolman reported branch/tree cleanup, mowing and cleaning up ditches, minor fixes on mower and expected continued cleanup.
Plan Commission Report- John Knicker reported there was no meeting this month; and that they are still working with Town’s attorney on draft for Land Division Ordinance – hoping will have movement on this next month.
Business Items-
- Discuss ATV/UTV proposed ordinance changes:
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- Travis Leonard noted our speed (35 mph) and hours of operation (½ hour before sunrise and ½ hour after sunset) match the county ordinance, so recommend leaving this as is.
- Cody Kanable (Chief Deputy at Green County Sheriff’s Dept and with dept for 16 years) introduced himself and shared prior to joining Sheriff’s Dept he was a DNR Warden, so well versed on this topic; stated he’s been working with most towns in Green County to bring standards to all. Stated that the County ordinance for hours of operation is 4am to 10pm and that the ‘sunrise to sunset’ timing is related to lights on any motor vehicle; 35mph is correct. Other specifics from county board just passed are requiring proper lighting for brakes, headlights, tail lights; must possess valid driver’s license; no open intoxicants allowed; must have liability insurance; and said that must have these in our ordinance if requiring because if omitted, then considered allowed – state statute specifically covers motor vehicles for insurance but excludes from ATV/UTV, which is why other municipalities include it in their ordinance. Shared that current Sheriff’s last day is June 30, 2024; awaiting notice from Governor regarding Cody’s position; deputies have responded to approximately 4,200 calls to date this year in Green County, with only 7 as ATV/UTV violations (2 trail related, 3 poor/unresponsible drivers, 2 non-ATV/UTV routes) and 2 ATV/UTV crashes. Over entire last year there were 14 violations in comparison, and typical to what York is experiencing whereby State and County roads are not ATV/UTV approved routes but are crossed/traveled on to get to next route. Sheriff’s office struggles with inconsistencies between towns and county ordinances, staffing to patrol ATV/UTV routes (even with current DNR Grant monies need to choose between monitoring trails or roadways), and enforcement of town ordinances vs state statute vs county is complicated. Dan Truttmann inquired about Sheriff’s office availability for calls/complaints, which Cody Kanable confirmed every call for service will be responded to including monitoring specified areas being reported. Dan Truttmann asked for clarification on OWI. Cody Kanable explained OWI on ATV/UTV does not attach to driver’s license; the first offense is an ordinance violation (may include field sobriety test, arrest, ticket, release but does not go on driver’s license and penalty is less); second offense is a crime and jailable. Open intoxicants per state statute only applies to motor vehicles (possibly only to roadways and not trails), so need to include in town ordinance if wish to prohibit. Cody Kanable explained staffing issues due to not enough qualified candidates; only have one opening right now.
- Continued discussion on routes with clarification that once Town sets their ordinance (including acceptance of opening county roads), someone else (i.e., from ATV club) must apply with County to open road, then both County and Sheriff must deem safe before opening route. Cody Kanable stated Sheriff’s Dept has discretion to close any route at any time if deem unsafe due to activity. It was confirmed that the Town Board also has authority to close a route. Cody Kanable mentioned the more detailed we have signage on routes, it may do more limiting than inclusion.
- Motion made by Travis Leonard to amend ATV/UTV Ordinance to add new section of local regulations, including hours of operation 4am – 10pm, liability insurance requirement, prohibition on open intoxicants, and to update routes to include opening all town roads, all of County Hwy H, County Hwy J from County Hwy H north to Poplar Grove Road, and County Hwy A from the Adams town line to Postville Road; second by Aaron Gifford. Motion carried.
- Motion made by Dan Truttman to table the ATV/UTV Ordinance amendment until July’s meeting to provide proper publishing of notice; second by Travis Leonard. Motion carried.
- Jenna Samaha Driveway Refund, W8065 Cty Hwy H: Lance Moen reports having inspected the driveway and that it looks good. Dan Truttmann made the motion to approve the refund of driveway deposit; second by Travis Leonard. Motion carried.
- Joe and Rhonda Hartwig Driveway Refund, N8602 Hay Hollow Rd: Lance Moen reports having inspected the driveway and that it looks good. Dan Truttmann made the motion to approve the refund of driveway deposit; second by Aaron Gifford. Motion carried.
- Eric and Kim Miller (submitted by Ideation Builders) – Approve Driveway Permit (County Hwy J): Discussion regarding location of driveway in absence of resident and builder at the meeting. Motion made by Dan Truttmann to approve Driveway Permit pending receipt of deposit; second by Travis Leonard. Motion carried.
- Dan Truttmann updated Board stating Vierbicher working on driveway ordinance, site and facility planning, and future storage/safety. Vierbicher works with two architects regularly and will provide updates after discussing with them.
- Review Livestock Ordinance: Tabled until July Board meeting.
- Discuss proposed Claims Procedure ordinance: Brenda Hackbart cited existing Ordinance 10-5 is sufficient except for verbiage under Section IV; specifically, the dollar limit and referencing payroll in general. Confirmed ‘budget’ verbiage exists in ordinance. Motion made by Dan Truttmann to amend Ordinance 10-5 to strike “namely payroll, payroll withholding, and utility charges,” and add “…with the exception of payroll and related payroll expenses.” after “…not to exceed $1,500,” to Section IV; second by Travis Leonard. Motion carried.
- Motion made by Dan Truttman to table the Claims Procedure Ordinance amendment until July’s meeting to provide proper publishing of notice; second by Aaron Gifford. Motion carried.
- Update on proposed new fire truck purchase by New Glarus FD: Delivery is set for Spring 2027, so need approval from Town of York when they decide on provider and price. Estimated cost is $1.2 million, with York’s portion of 9%.
Adjournment- Travis Leonard made motion to adjourn; second by Aaron Gifford. Motion carried. The meeting adjourned at 8:46 pm.
Respectfully submitted, Brenda Hackbart, Clerk-Treasurer
2024-06-11 Minutes – Board Meeting