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Trenton Board of Trustees

August 9, 2016

Trenton, NE

REGULAR MEETING

 

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  The gear is outdated and new requirements mandate that the gear be no more than 3 years old.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



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