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Committee approves updated liability agreement to allow city crews on private HOA roads with safeguards
Summary
Middleton’s Public Works Committee approved updates to the city’s release-of-liability agreement for homeowners associations to allow public crews (brush/leaf collection and certain contractor services) on private roads, with inspection by the streets foreman, HOA notification requirements, and limited scope to city-contracted services.
The Public Works Committee approved an update to the city’s release-of-liability agreement used with homeowners associations to allow Middleton crews to perform limited services on private roads while protecting the city against damage claims.
Staff explained the proposal grew from incidents where private-neighborhood residents obstructed city access (placing rocks) or where roads are too narrow for standard equipment. Jesse, the office manager, said earlier release agreements had no expiration dates and there was no single staff decision-maker; the proposed revision designates the streets foreman to inspect and approve access and adds provisions about notification and termination.
Committee members asked that the agreement explicitly require HOAs to distribute notice of the agreement to residents periodically and to incorporate the city’s brush-and-leaf collection policies by reference. Members emphasized the agreement’s limited scope: it applies only to city crews and contractors the city engages for brush and pelletizing collection, not to private contractors hired by homeowners.
Alder Myers moved approval of the City of Middleton Municipal Services Release of Liability Agreement subject to committee comments and city attorney review; the motion was seconded and carried by voice vote.
Why it matters: the updated agreement aims to reduce staff time spent on repeated calls, establish a clear approval process for private-road access, and protect city equipment and crews while ensuring HOAs understand service limits and notification responsibilities.
Next steps: staff will incorporate committee comments, secure city attorney approval and implement the revised agreement with HOAs.
