There is a lot going on regarding the proposed new ATV ordinance in the Town of Cabot.  I'll post what I have here so property owners, tax payers, and interested individuals will know the facts and can choose whether to attend tonight's Select Board meeting or not.  Meeting will be at 7 p.m. at the Willey Building in Cabot.


The following is a draft copy of the minutes of the public hearing on the proposed ATV ordinance, supplied by select board member Brigitte Codling. 

The board will consider the ordinance at tonight's meeting at 7 p.m. in the Willey building.

Cabot Vermont Select Board

Public Hearing & Informational Meeting

To Consider the Proposed ATV Ordinance

July 5, 2012 @ 6:00 pm

Third Floor of the Willey Building

Meeting called to order at 6:10 pm.

Ted Domey read the proposed ordinance to the group.

Present from the Select Board: Ted Domey, Brigitte Codling, Fred Ducharme, Dan Dunham. (Caleb Pitkin, Chair was absent.)

Approximately 50 attendees from the Town of Cabot.

	Attendee	Attendee Comment	Response
1	Bucky Dunham	Can we police ourselves?	Without a local ordinance riding an ATV on any road in Cabot, except Class IV roads, is illegal.
2	Judy Lewis	Can speakers introduce themselves?	The board introduced themselves and directed attendees to introduce themselves prior to speaking.
3	Judy Lewis	Asked for a show of hands for residents of Cabot and then for tax payers of Cabot.	By a show of hands, a poll was taken reflecting all but one person in the room was a resident and only one was not a taxpayer.
4	Mark Codling	An explanation VASA's structure was given; as well as a comparison to VAST and some history related to VASA.	No comment from the board.
5	Sam Lewis	Inquired about the Town's Insurance Liability.	A discussion ensued related to recent legislation that holds the Town and private landowners harmless to liability. The point was made that anyone can be sued but the law protects the Town and Landowners from liability.
6	Dan Hale	Offered that VASA holds a $2,000,000 liability policy on which the Town could be added as an additional named insured.	The Town would request to be added as a named insured on the VASA policy.
7	Various attendees	General discussion began about current illegal ATV use on West Hill Pond Rd, Dubray Rd, Mikinstry Rd, and Whittier Hill Rd, Atkins Rd, and Urban Rd.	It was explained that currently the only true course of action is to call the State Police and hope they have the time to respond. With a local ATV Ordinance the Town could bring in Sheriff's specifically to address ATV use that does not abide by State law as well as the ordinance. That fines given for illegal ATV use would be partially recouped by the Town and used for policing and/or any damage to our roads including Class IV roads warranted by the Select Board.
8	Sam Lewis	Asked for the hours of operation to be repeated.	Ted Domey responded with "Currently they are 7am to 9pm".
9	Sam Lewis	Asked what the insurance requirements would be for ATVs under the ordinance.	Brigitte Codling responded that they would be the same as with a personal vehicle (car or snowmobile); minimum liability insurance. Dan Hale offered that State Statutes don't require ATV's to carry liability insurance but this ordinance would require it for ATV's who choose to ride in Cabot.
10	Vene Harding	Stated that a few years ago he came to the select board and complained about ATV's on West Hill Pond Road and Cabot Road. Asked if the board considered the cost of policing ATV use.	The board responded that policing would be easier under an ordinance because the use of ATV's would be locally managed under the ordinance. Violations of the ordinance would be considered civil violations and a portion of the funds would come back to the Town to use for policing. Also, by being involved with VASA that organization would make funds available to police ATV use in Cabot.
11	Vene Harding	Stated that Walden has just announced that taxes will be going up to deal with illegal ATV use; and wanted to know if Cabot taxes would be going up.	Dan Hale spoke to this question and stated that the reason Walden's taxes are going up is because they decided to not adopt an ATV ordinance. The prohibition of ATV's is now causing issues with illegal use of ATV's with little to no methods of policing them.
12	Mckinstry & Dubray Road Residents	Voiced concerns regarding possible damage to these Class IV roads by ATV's because the residents maintain it.	The board offered that for those individuals that live on dead end Class IV roads; if a majority of the residents want the road excluded then the board will exclude the road from ATV use as part of the ordinance.
13	Mckinstry & Dubray Road Residents	Voiced concerns about policing these roads if they are excluded. They stated that currently calling the State Police isn't working.	The board stated that excluded roads would be posted (signed) as such and they would be policed as part of the over all efforts in Town to ensure compliance with the ordinance. The board also stated that a local ordinance can be enforced by the board so for known habitual offenders of the ordinance the board can also take action on their own to enforce the ordinance by issuing a warning or a violation.
14	Various attendees	General discussion began about ATV use on all roads, where ATVs would be riding in general.	It was explained that the goal is to establish a combined VASA  ATV Trail System through Cabot; but this requires landowners to open there land. The board does not want to limit those landowners who might be willing to open there land by limiting the roads those landowners might live on. Additionally, the board does not want to limit Cabot residents who wish to ride ATV's the opportunity to do so by limiting access, by limiting roads that are to be open to use now or that might take a resident to a trail head in the future.
15	Various attendees	Discussion ensued related to the existing VASA trail system.	Currently roads are open by local ordinance in Hardwick, Barnet, Danville, Woodbury, Concord, Stannard, Sheffield, and Glover; and the VASA trail system is already established in those Towns. The goal is to connect the trails north of Cabot with the trails south of Cabot. A point "A" to point "B" connection through Cabot; which would be the "trail" publicized on the VASA map. While keeping all our roads open (except those excluded) would make it possible for the population of Cabot to access the trails via the Town's roads.
16	David Pike	Stated that he has been an ATV rider for years and opens his land to ATV use and feels that most people want to use trails.	The board agreed that the ultimate goal is to build a trail system through willing land owners property to get ATVs off the road where ever possible. Also, that like David Pike there are other landowners who are ready to open there land to ATV use but currently there trails go no where because no one can get to their trails.
17	Various attendees	General discussion related to tourists not being "used" to having ATV's on the roads. Would this be a safety issue.	Responses included that currently pedal bikes can ride side by side in Vermont, there are horses, mopeds, and many other things on Vermont's roads that motorists need to be aware of and cognoscente of. ATV's are no different; accept they will be insured, registered, 16 years old with a valid license, and wearing a helmet.
18	Judy Lewis	Asked if the Select Board had discussed the adoption of an ATV ordinance with the Vermont League of Cities and Towns.	Brigitte Codling responded by saying that the VLCT had been contacted and they had provided advice and a draft ordinance for the Town's use. That the VLCT ordinance was used as a basis for the proposed ordinance as well as existing ordinances from other Town's who have already adopted an ATV ordinance.
19	Judy Lewis	Asked if the Select Board would make the decision to adopt the ordinance or if it would go before the voters.	The board responded that it was the Select Boards decision to make; but that if the ordinance was adopted by the SB then residents could file a petition of 5% of the voters of Cabot to bring the issue before the residents to vote to disapprove the ordinance after the fact.
20	Various attendees	Discussion ensued related to the tiered fines outlined in the draft ordinance and possibly increasing them.	It was decided after open discussion to eliminate the tiered fines and establish one fine for each violation of the ordinance at $200.00. Which is much higher than other Towns’ ordinances and higher than what was originally proposed. Attendees were reminded that on top of the fines outlined in the ordinance that ATV riders will also be subject to State laws and can be fined for speeding etc, by the State Police.
21	Various attendees	General discussion related to illegal ATV use and peer pressure.	Attendees responded stating that there is no way to eliminate illegal ATV use but; in other Town's it has been observed that peer pressure had a positive impact on other riders. That most people want to do the right thing and will abide by the ordinance and the laws.
22	Various attendees	General discussion related to traveling out of Town currently to ride ATV's and the money spent elsewhere.	Attendees responded stating that they trailer there ATVs to other Town's and to New Hampshire to ride and will spend money on food, lodging, and gas each day they are gone. That money could be spent right here in Cabot at our store and our restaurant and perhaps one day again, at the gas pumps.
23	Dan Hale	Began a discussion related to details to be added to an ATV ordinance.	The Select Board agreed that the ordinance drafted for Cabot is much stricter than other Town's ATV ordinances. The draft addresses all VASA requirements, State requirements, and then includes additional requirements above and beyond that.
24	Butters Restaurant Owner	Discussion about the differences between the VAST and VASA trail system.	The process for formation of a local club, private landowner permissions process, trail system creation and maintenance process was explained. VASA is modeled after VAST.
25	Kate Chatot	Asked how ATV riders would be kept off excluded roads.	It was stated that all excluded roads would be signed "Road Excluded From ATV Use - Do Not Enter"
26	Sam Lewis	Asked if ATV riders would need to join VASA and if so would them be provided information by VASA regarding trails and road exclusions.	The Select Board responded that it would be a requirement of the ordinance for all ATV riders to be a VASA member and in turn would have access to local trail maps; in essence keeping them on the "trail" from Hardwick to Danville or where ever.
27	Tammy Marion	Asked who is considered part of the "majority" on roads to be excluded; who gets a say? Residents or Property Owners?	After much discussion the Select Board agreed that a majority of property owners (tax payers) on a road would need to petition the Select Board to ask for their road to be excluded; however, the final decision is that of the Select Board.
28	Mckinstry & Dubray Road Residents	Requested that the speed limit outlined in the ordinance be lowered to 7-10 MPH on Class IV roads.	The Select Board will consider lower speed limits on non-excluded Class IV roads.
29	Sam Lewis	Would the board consider including a “Sunset Date” to the ordinance.	The Select Board will consider a "sunset" date for the ordinance. Stated that if opening Cabot's roads to ATV use does not work out the Select Board can revisit the ordinance at a later date.
30	Fred Ducharme	Asked if the Select Board could see a show of hands of those attendees who were in support of the ordinance at this point (end of the meeting).	A show of hands reflected that out of approximately (50) fifty attendees all but (3) three approved of the ordinance.

Meeting adjourned at 7:30 pm.

This is a revision of the ATV ordinance which will be considered at the Select Board meeting tonight at 7 p.m. in the Willey building. This draft was provided by SB member Ted Domey.

* * * * * * * * *

TOWN OF CABOT ORDINANCE REGULATING

THE USE OF ALL TERRAIN VEHICLES (ATV)

Section I – Authority

Under authority granted in 24VSA Chapter 59, 22991(4), and 23 VSA 3210 and 3510, the Selectboard of the Town of Cabot hereby adopts the following ordinance regulating the manner and location of operation of all terrain vehicles within the town.

Section II – Purpose

The purpose of this ordinance is to allow ATV operators the recreational use of our Town highways in a way that will protect the health and safety of operators of all-terrain vehicles, as well as the residents, animals, personal property, and the environment within the Town of Cabot.

Section III – Definitions

1. All-Terrain Vehicles (ATVs) - means any non-highway motorized recreational vehicle, except snowmobiles. (Vermont All Terrain Vehicle Sportsman’s Association (VASA) defines an ATV as any vehicles 60” or less in width and less than 1700 pounds)

Section IV – Operation

1. ATVs must be registered, covered by liability insurance, and operated in accordance with 23 VSA Chapters 29(1) & 31.

2. ATVs may operate on all Class III and Class IV Town Highways within the Town of Cabot except as specified in paragraph D below.

3. ATVs may use the following Class II Town Highways within the Town of Cabot at designated locations only:

• Route 215 – TH 1(from the Marshfield/Cabot Town Line to the Cabot/Walden Town Line)
•  South Walden Road - TH 2(from the intersection of 215 by the recreation field to the Cabot/Walden Town Line)
• West Hill Pond Road / Cabot Road– TH 3(from the intersection of 215 in Lower Cabot to the Cabot/Woodbury Town Line)
• Danville Hill Road – TH 4(from the intersection of VT 215 in the Village to the intersection of US 2 in East Cabot)

4. This Section is reserved for roads not open for ATV use within this ordinance.
• McKinistry Road – Class IV from intersection of Whittier Hill RD to where McKinistry road is posted impassable.
• Chatot Road – Class IV.
• Dubray Road Class IV portion only.
• Blogget RD – Class IV

5. ATVs may not exceed a speed of 25 MPH, must remain in a single file line, and follow all other traffic regulations while on any Town Highway within the Town of Cabot. ATV’s operating on Town highways shall pull over to the side to allow traffic to pass.

6. ATV operators must be, at least 16 years old, possess a valid vehicle operator’s license, possess a current VASA and local club membership and have completed the VASA junior operators’ course to travel on any Town Highway.

7. ATV operators must wear a helmet at all times.

8. ATV use within the Town of Cabot is allowed from 7:00AM to 9:00PM from opening and closing dates determined and posted annually by the Town of Cabot Highway Department in conjunction with the Cabot Select Board.

Section V – Penalties

All Civil Ordinance Offenses………….. $200.00

Section VI – Enforcement

This is a civil ordinance and shall be enforced by law enforcement officials through the Judicial Bureau.

Section VII – Severability

If any section of this ordinance is deemed invalid, such a determination shall not invalidate any other part of this ordinance. This Ordinance shall become null and void 24 months after adoption unless readopted by the Selectboard.

Adopted by the Selectboard of the Town of Cabot on __________day of __________ 2012.

_______________________________

Caleb Pitkin

_______________________________

Fred Ducharme

_______________________________

Dan Dunham

________________________________

Ted Domey

________________________________

Brigitte Codling

  * * * * * * * * *

From Lars Hasselblad Torres, Cabot VT:
I hope folks can find the time to come to the meeting tonight at which this ordinance will be considered. I'd be interested to hear the town's proposal for enforcement. Not sure how something with specific provisions and a fine can be passed if we have no enforcement mechanism in place, for example:

- Speed (25mph)

- Helmet (drivers must wear one)

- Age (must be over 16)

- Hours (On roads from 7AM to 9PM)

- Access (Roads specified below)

From past experience with non-licensed motorbikes in the village, this ordinance will be a boon for, at a minimum, noise-makers and thrill seekers.