A meeting of the Board of Trustees of
the Village of Trenton, NE, was convened in open and public session, Tuesday, August
9, 2016 at 6:30p.m. at the Village Office. Present: Chairman Rundel, Trustees
Frakes, McArthur, Neely, and Poppert (left meeting at 7:00pm), Village Attorney
Schroeder (left meeting at 7:25pm), Clerk McKain, Deputy Clerk Rife, Bob Brown,
Tom Hovey, Jesse Kauffman, and Phil McDonald. Availability of the agenda was
communicated in advance notice and in the notice sent to the Chairman and
Trustees of the meeting. All proceedings hereafter shown were taken while the
meeting was open to the public.
Roll Call was taken at 6:30pm and
quorum was verified.
Chairman made “Open Meeting Act”
announcement.
Citizen
Forum: Tom Hovey
provided information on the bunker gear for the fire department. The gear is
outdated and new requirements mandate that the gear be no more than 3 years
old. Hovey stated the rural fire department will be replacing 3 suits per year
and Hovey requested the board to budget for 3 sets a year by the village. The
cost of bunker gear is approximately $1,600 per suit. Motion made by Neely and
second by Frakes to approve the purchase of 3 bunker gear suits for the fire
department. Ayes: Frakes, McArthur, Neely. Poppert and Rundel. Nays: None.
Motion carried.
Motion
made by McArthur and second by Neely to approve agenda. Ayes: Frakes, McArthur,
Neely. Poppert and Rundel. Nays: None. Motion carried.
Motion
made by McArthur and second by Poppert to approve the July 29, 2016 meeting
minutes. Ayes: Frakes, McArthur, Neely, Poppert and Rundel. Nays: None. Motion
carried.
Motion
made by Frakes and second by McArthur to approve the treasurers report. Ayes:
Frakes, McArthur, Neely, Poppert, and Rundel. Nays: None. Motion carried.
Ordinance or
Resolution: Trustee
Neely introduced Ordinance No. 792. After the reading of the ordinance.
Trustee Neely made a motion which was seconded by Trustee McArthur to suspend
the statutory reading of the ordinance on three separate days. Ayes: Frakes,
McArthur, Neely, Poppert, and Rundel. Nays: None. Motion carried. Motion by
Neely with second by Poppert to pass and adopt Ordinance No. 792 on final
reading. Ayes: Frakes, McArthur, Neely, Poppert, and Rundel. Nays: None.
Motion carried. A true copy follows:
VILLAGE OF TRENTON
Ordinance No. 792
AN AMENDING MUNICIPAL CODE CHAPTER 5,
TRAFFIC REGULATIONS ARTICLE 7 RELATING TO ALL-TERRAIN VEHICLES; TO ALLOW THE
OPERATION OF ALL-TERRAIN, UTILITY, AND GOLF CART VEHICLES WITHIN THE CORPORATE
LIMITS UNDER CERTAIN CIRCUMSTANCES; TO IMPOSE RESTRICTIONS ON THE USE OF
ALL-TERRAIN, UTILITY, AND GOLF VEHICLES; TO ESTABLISH PENALITIES FOR VIOLATION;
TO REPEAL CONFLICTING ORDINANCES AND SECTIONS; TO PROVIDE AN EFFECTIVE DATE
BE
IT ORDAINED BY THE MAYOR AND COUNCIL OF THE VILLAGE OF TRENTON, NEBRASKA:
SECTION
1. Chapter 5, Article 7 entitled “All-Terrain Vehicles”, of the Municipal Code
of the Village of Trenton, Nebraska is hereby amended by amending and/or adding
the following §5-701 to §5-713 “All-Terrain Vehicles” as follows:
Definitions.
1. For
purposes of this section:
a. All-terrain, Utility,
and Golf Cart vehicle means any motorized off-highway vehicle which (a) is
sixty (60) inches or less in width, (b) travels on three or more low pressure
tires, (c) is designed for operator use only with no passengers or is
specifically designed by the original manufacturer for the operator or more
passengers, (d) has a seat or saddle designed to be straddled by the operator,
and (e) has handlebars or any other steering assembly for steering control.
(Neb. Rev. Stat. 60-6,355)
b. Street or highway means the entire
width between the boundary limits of
any street, road, avenue,
boulevard, or way which is publicly maintained
when any part thereof is open to
use of the public order for purposes of
vehicular travel. (Neb. Rev.
Stat. 60-624)
SECTION
2. An All-terrain, Utility, and Golf Cart vehicle may be operated on the
streets and highways within the corporate limits of Village of Trenton, Nebraska, only if the operator and vehicle comply with
the provisions of this Ordinance.
SECTION
3. An All-terrain, Utility, and Golf Cart and utility vehicles may be operated
on the streets and highways within the corporate limits of the Village of Trenton,
Nebraska, only if such vehicle is equipped with headlights, taillights, brake
lights, an OEM (stock) muffler, and a federally approved bicycle safety flag
which extends not less than five (5) feet above ground attached to the rear of
such vehicle. The bicycle safety flag shall be triangular shape with an area of
not less than 30 square inches and shall be day glow in color. Golf Carts are
exempt from the headlight, taillights, and break light requirement.
SECTION
4. Operation.
1. Any
person operating an All-terrain, Utility, and Golf Cart vehicle as authorized
in Section 2 of this Ordinance shall have:
a. A
valid class O operator’s license; and
b. Liability
insurance coverage for the All-terrain, Utility, and Golf Cart vehicle while
operating the All-terrain, Utility, and Golf Cart vehicle on a street or
highway. The person operating the All-terrain, Utility, and Golf Cart vehicle
shall provide proof of such insurance coverage to any police officer requesting
such proof within five days of such a request.
2. All-terrain,
Utility, and Golf Cart vehicles may be operated, without complying with
subsection (1) of this section and Section 3, on streets and highways in
parades which have been authorized by the State of Nebraska or any department,
board, commission, or political subdivision of the state.
3. All-terrain,
Utility, and Golf Cart vehicles shall not be operated on any controlled -access
highway with more than two marked traffic lanes, and the crossing of any
controlled-access highway with more than two marked traffic lanes shall not be
permitted.
4. The
crossing of a street or highway shall be permitted by an All-terrain, Utility,
and Golf Cart vehicle, without complying subsection (1) of this section and
Section 3, only if:
a. The
crossing is made at an angle proximately ninety degrees (90°) to the direction
of the street or highway and at a place where no obstruction prevents a quick
and safe crossing;
b. The
vehicle is brought to a complete stop before crossing the shoulder or roadway
of the street or highway;
c. The
operator yields the right-of-way to all oncoming traffic that constitutes an
immediate potential hazard;
d. In
crossing a divided highway, the crossing is made only at the intersection of
such highway with another highway; and
e. Both
the headlight and taillight of the vehicle are on at the time the crossing is
made. (Neb. Rev. Stat. 60-6,356)
SECTION
5. Prohibitions. No person shall:
1. Equip
the exhaust system of an All-terrain, Utility, and Golf Cart vehicle with a
cutout, bypass, or similar device;
2. Operate
an All-terrain, Utility, and Golf Cart vehicle with an exhaust system so
modified; or
3. Operate
an All-terrain, Utility, and Golf Cart vehicle with the spark arrester removed
or modified except for use in closed-course competition events.
SECTION
6. Competition. All-terrain, Utility and Golf Cart vehicles participating in
competitive events may be exempted from section 4 of this Article at the
discretion of the Chairman of the Board (Ref 60-2806 RS Neb.)
SECTION
7. Accident Report. If an accident results in the death of any person or in
the injury of any person which requires the treatment of the person by a
physician, the operator of each all-terrain, utility and golf cart vehicle
involved in the accident shall give notice of the accident in the same manner
as provided in section 60-505. (Ref. 60-2807 RS Neb.)
SECTION
8. Registration. In order to be authorized for operation on the
streets and highways of the Village of Trenton, Nebraska, an All-terrain,
Utility, and Golf Cart vehicle must be registered in the office of the Village
Clerk. A registration sticker will be issued upon submitting proof the
following:
1. An
inspection from Village personnel indicating that the All-terrain, Utility, and
Golf Cart vehicle complies, in full, with the equipment requirements identified
in Section 3.
2. Proof
of liability insurance coverage for the All-terrain, Utility, and Golf Cart
vehicle while operating such vehicle on a street or highway.
3. A
$25.00 annual fee for registration of the vehicle. A $50.00 annual fee shall
be required of dealers of All-terrain, Utility, and Golf Cart vehicles within
the Village of Trenton, Nebraska. All such fees shall be credited to the
police department fund of the Village of Trenton, Nebraska. The registration
sticker will entitle the All-terrain, Utility, and Golf Cart vehicle to be
operated on the streets and highways of the Village from January 1st
in any year to December 31st the following year and shall be
renewable annually. The annual fee shall not be prorated. A registration
sticker shall be displayed on the left lower corner of the windshield of such
vehicle, or if the vehicle is not equipped with a windshield at the left front
of such vehicle.
Upon
compliance with the registration requirements identified herein, the Village
Clerk shall issue a registration sticker for the All-terrain, Utility, and Golf
Cart vehicle being registered. Said registration sticker must be prominently
displayed upon said vehicle at all times while such vehicle is in operation on
the streets and highways of the Village of Trenton, Nebraska.
SECTION
9. Any person operating an All-terrain, Utility, and Golf Cart vehicle as
authorized by this Ordinance shall be at least 20 years old and shall possess a
valid driver’s license issued by the State of Nebraska or another state. The
individual operating the All-terrain, Utility, and Golf Cart vehicle shall
provide proof of insurance coverage as required elsewhere in this Ordinance to
any police officer requesting such proof within five (5) days of the request
being made. No person shall operate an All-terrain, Utility, and Golf Cart
vehicle on the streets or highways of the Village of Trenton, Nebraska, in
violation of the Nebraska rules of the road as established by the Revised
Statutes of the State of Nebraska.
SECTION
10. Work Permit. The Village of Trenton, Nebraska, may issue a work
permit to an operator that otherwise complies with all the terms of this
Ordinance with the exception of age. A work permit shall be issued by the
Village Clerk, upon receipt of the following:
1. Application signed by
the applicant, who is at least 16 years of age as of the date thereof, and the
parent or legal guardian of the applicant. The applicant will acknowledge
receipt of a copy of this Ordinance and certification of the applicant and
parent/guardian that the applicant will fully comply with all provisions
thereof.
2. Upon issuance of a
work permit, the holder thereof may operate an All-terrain, Utility, and Golf
Cart vehicle for legitimate employment purposes (snow removal, lawn care or
agricultural use), and in addition, holder may operate an All-terrain, Utility,
and Golf Cart vehicle to or from the site where the operator is engaged in such
employment and the residence of the operator, over the most direct and
accessible route through the streets of the Village of Trenton.
The holder of the work
permit shall not use any type of interactive wireless communication device
while operating an All-terrain, Utility, and Golf Cart vehicle on the streets
of the Village of Trenton.
SECTION
11. Local requirement:
1. Any
operation of an All-terrain, Utility, and Golf Cart vehicle within the Village
limits shall, in addition to the requirements above, obey all municipal traffic
Ordinances and regulations, including, but not limited to, posted speed limits
and stop signs; and
2. Any
operator who is 20 years or younger must wear a D.O.T. certified motorcycle
helmet at all times.
SECTION
12. An All-terrain, Utility, and Golf Cart vehicle may be operated only
between the hours of sunrise and sunset, unless equipped with operable snow
plow blade and apparatus, and shall not be operated at a speed in excess of the
posted speed limit and in no event in excess of 30 mph.
1. All-terrain, Utility,
and Golf Cart vehicles may be operated inside the corporate limits of the
Village of Trenton by electric utility personnel within the course of their
employment in accordance with the operation requirements, with the exception
that the operation of such vehicle need not be limited to the hours between
sunrise and sunset.
SECTION
13. A person who is found to be in violation of this Ordinance shall be guilty
of a Misdemeanor punishable by a minimum fine of $100.00 and up to a maximum
fine of $300.00 for each separate offense.
SECTION
14. That all ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 15.
That this ordinance shall be published or posted and shall be in full force and
take effect August 9, 2016
Passed and approved this 9th
day of August, 2016.
__________________________
John A. Rundel, Chairman
Attested to:
___________________________
Wendy L. McKain, Village Clerk
(S E A L)
Motion
made by Neely and second by McArthur to publish Ordinance #792 in pamphlet
form. Ayes: Frakes, McArthur, Neely, Poppert and Rundel. Nays: None. Motion
carried.
Motion
made by Neely and second by McArthur to approve Resolution 2016-08-01 to renew
LARM Inter local Agreement. Ayes: Frakes, McArthur, Neely, Poppert and Rundel.
Nays: None. Motion carried.
Motion
made by McArthur and second by Neely to approve Resolution 2016-08-02 for
support of Hitch and Hay Public Transportation to apply for federal funds.
Ayes: Frakes, McArthur, Neely, Poppert and Rundel. Nays: None. Motion
carried.
Reports
of Officers, Board Committees: Attorney: Schroeder provided information on
annexation procedures. Rundel provide Schroeder with a few state statutes to
research. Electric Department: Vrbas was absent, no report. Water
Department: Vrbas was absent, no report. Sewer Department: Vrbas
was absent, no report. Trash Department: Vrbas was absent, no report. Park
Department: Vrbas was absent, no report. Pool Department: Vrbas
was absent, no report. Deputy Clerk Rife inquired on pool hours when schools
starts. Rundel stated he would like to keep the pool open until the Labor Day
Holiday if possible. Rife will contact Straub to find out information on
guards schedule. Animal Control: McKain stated there are 24 cats
and 182 dogs licensed within the village for the 2016 year. There were 0
warnings for failure to license, 0 warning for running at large, 0 citations
for failure to license and 0 citations for running at large during the month of
July 2016. There continues to be an issue with the dangerous dog located at
114 West B Street. Village Clerk: There were 5 deposits to be
returned to consumers or applied to the utility account. A draft employee
handbook is ready for review by the attorney. The scrap tire collection went
well and approximately 90 ton was collected. An application for the PWS
Security Grant was submitted; however, our application was not funded.
Municipal Supply helped clean up files on water readings. The audit is set for
November 1, 2016. Library: No information provided. Planning
Commission: No information provided. El Dorado Board: Rundel stated
they are working on bids for a new generator. Housing Board: No
information provided. Tree Board: No information provided. Board of
Health: Rundel stated there are no updates.
Unfinished
Business: No update
for the wind turbine project. Rundel stated he did not have an update from
Miller and Associates. Due to the cost of the project, rates for water will be
increased. Rundel stated he had not received the fire marshal report on the
Main Street building. Frakes stated he and Neely continue to work with
residents on properties that need mowed or cleaned up. Rundel continues to
work on a recycling program. The delinquent street assessment accounts were
submitted for Schroeder to process and two accounts have been paid in full.
Schroeder recommended a payment agreement for the other two. Motion made by
Neely and second by Frakes to enter into a payment agreement with two residents
for the delinquent street assessment with a waive of penalties accruing after
August 1, 2016 as long as payments are made per the agreement. Ayes: Frakes,
McArthur, Neely. and Rundel. Nays: None. Absent: Poppert. Motion carried.
Information was discussed for electric providers. A proposal from MEAN is
expected by the end of the week. SWPPD is expected to submit a proposal by
late August.
New
Business: NE
Cooperative Government asked for a community delegate. Motion made by Neely
and second by McArthur to nominate R. Frakes as the delegate for the Village of
Trenton. Ayes: McArthur, Neely, and Rundel. Nays: None. Abstain: Frakes.
Absent: Poppert. Motion carried. Hitch and Hay Public Transportation is
requesting the Village to provide funds in the amount of $3,251.83 to help
support the service. Motion made by Neely and second by McArthur to table the
item. Ayes: Frakes, McArthur, Neely, and Rundel. Nays: None. Absent:
Poppert. Motion carried. A discussion was made concerning auditing services
from Almquist, Maltzahn, Galloway & Luth. Motion made by Neely and second
by Frakes to approve and sign the understanding of services for Almquist,
Maltzahn, Galloway & Luth. Ayes: Frakes, McArthur, Neely, and Rundel.
Nays: None. Absent: Poppert. Motion carried.
Correspondence:
El Dorado Newsletter.
Motion made by Neely and second by McArthur
to approve Operating claims KENO claims, and Library claim. Ayes: McArthur,
Neely, and Rundel. Nays: None. Abstain: Frakes. Absent: Poppert. Motion
carried.
OPERATING CLAIMS:
1. Payroll (2 pay
periods)............................................................................... $18,708.64
2. EFTPS, FED (July payroll
tax)...................................................................... 4,353.88
3. NE Dept. of Revenue
(July payroll tax)........................................................... 480.25
4. NE Dept. of Revenue
(July sales tax)........................................................... 2,699.59
5. Aflac (Sup. Ins.
July).......................................................................................... 32.70
6. American Agricultural
Lab (water samples)....................................................... 17.50
7. American Funds (July
IRA).............................................................................. 228.92
8. Blue Cross Blue
Shield (August premium medical/dental)........................... 2,739.65
9. City of McCook
(transfer station tickets)...................................................... 2,617.80
10. Colonial Life (Sup.
Ins.).................................................................................... 180.10
11. D&L Pest Control
(office & library pest control)................................................. 53.00
12. Dewey, Nadine
(library payroll)........................................................................ 232.73
13. Diamond Vogel (paint
for curbs, hydrants)...................................................... 330.44
14. Evans, Larry (library
payroll)............................................................................ 274.29
15. Farmers Co-op
(fuel/shop supplies).............................................................. 1,453.33
16. First Bankcard
(software, trimmer, pool concessions).................................... 510.55
17. Frakes, Richard
(mileage to Beverly)................................................................ 29.16
18. Great Plains
Communications (Phone/internet)............................................... 458.02
19. Heffner, Peyton (refund
swimming lessons)...................................................... 10.00
20. Hitchcock County
Treasurer (2nd half taxes)..................................................... 71.32
21. Ideal Linen Supply
(shop towels)........................................................................ 17.54
22. In the Swim (pool
chemicals and supplies)...................................................... 218.51
23. LARM (general
liability bouncy house harvest fest.)........................................ 500.00
24. League Builders (pool
repair supplies)................................................................ 46.06
25. LONM (Utilities
membership dues).................................................................. 433.00
26. LONM (membership
dues)............................................................................... 464.00
27. Lifetime Benefit
solutions (July vision premium)................................................ 80.93
28. MNB (July IRA)................................................................................................ 481.92
29. Midlands Toxicology
(random pool, dot test)................................................... 170.00
30. Miller & Assoc.
(review fee pd to DHHS)...................................................... 2,100.00
31. MWC (freight)................................................................................................... 350.00
32. National Insurance
(July life, ad&d prem).......................................................... 25.56
33. Nebraska DHHS
Environ. Lab (water samples)........................................... 1,407.00
34. Neb. Dept. of Roads
(refund on overpayment of utilities)............................... 943.39
35. Neb. Power Review
Board (annual assessment).............................................. 72.23
36. Nick’s Dist. (pool
concession supplies)............................................................ 117.80
37. O’Brien Electric (fix
lights)................................................................................ 278.56
38. Poppert, Austin (main
street building)............................................................... 880.00
39. Quill (office
supplies)........................................................................................ 328.63
40. Schamel’s Auto (fuel
filters)............................................................................... 72.85
41. Schroeder &
Schroeder (Attorney fees)....................................................... 2,925.13
42. Scoop Media
(Publications).............................................................................. 667.30
43. Southwest Fertilizer
(weed spraying)............................................................... 532.63
44. Southwest Fertilizer
(Prepaid propane)
a. Fire Barn........................................................................................... (2,581.42)
b. Light Plant.............................................................................................. (76.16)
45. SWPPD (July billing
$44,811.64; airport $26.36; north well $637.36;
south well $665.04;
Construction report $3,841.19).................................... 49,981.59
46. Verizon (July
billing).......................................................................................... 131.42
47. Village of Trenton
(utilities)............................................................................ 2,710.94
EDM CLAIMS (EDM Checking
Account):
NONE
KENO CLAIMS (Keno
Checking Account):
NONE
LIBRARY CLAIMS (Library
checking account):
L1. Firstbank
Card (amazon)................................................................................... 280.64
Pre-paid
$141.07 of expenses – billing was $139.57
L2. Transfer
from Savings to Checking............................................................... 2,500.00
With no further business, motion made
by McArthur and second by Neely to adjourn meeting at 7:55pm. Ayes: Frakes, McArthur,
Neely and Rundel. Nays: None. Absent: Poppert. Motion carried.
Next regular meeting will be September
13, 2016 at 6:30pm in the Village Office.
John
A. Rundel, Chairman
ATTEST: Trenton Board of Trustees
Wendy L. McKain, Village Clerk
