Snow routes

A decision whether non-village employees should be allowed to remove snow from village streets was tabled during the Feb. 13 Clearwater trustees’ meeting.

Village vice chairman, Cody Kester, said during recent snow storms, non-village employees had removed snow from village streets.

“We have a town of great volunteers. With some of that happening, we do have a little bit of destruction and we want to mitigate that as much as possible and not expose ourselves to a bunch of liability,” he said. “I don’t want to deter anyone from volunteering.”

The village board has contingency plans to assist village employees.

Trustee Marsha Hart questioned concerns, especially since a number of village residents work at ag-related business which require them to be on duty.

“We’re a small community. We’re a farming community. You can’t not get those people out there,” she said.

She asked if items had been damaged.

Kester said he understood it was mitigation.

“We want to sidestep potential issues in the future,” he said, stressing again how community members step up to volunteer.

“That’s the thing, Hart said. “When you need them, they may not be around.”

Village maintenance director Troy Behnke said his concern is if volunteers do or don’t use a blade.

“There’s no safety mechanism underneath it if it catches something,” he said “I don’t want to go back behind and fix something he - or somebody - wrecks, but if I have to, I will.”

Reflectors and signs have been broken.

Kester suggested defining with whom responsibility lies if damage occurs.

Trustee said Jeff Schlecht agreed that liability is a concern.

Discussion ensued on the village’s responsibility to remove snow from streets.

Resident Tony Blecher expressed concerns clearing snow from streets and right-of-way areas.

“If you leave that snow on the street like it has been, it’s going to go to melt and go into the cracks and then it freezes and splits. You’re not going to have any streets left,” he said.

Kester said without the village lawyer present, action should be tabled.

One attorney Kyle Petersen arrived, discussion resumed.

Petersen said by state statute, the village has responsibility for care and control of the streets.

“Ultimately, we’re charged if there’s a shortcoming of fulfilling that duty. If you do have third parties doing that, it probably should be based on authorization from the village. If they do something and cause damage, the property owner will likely look to the village for compensation,” Petersen said.

Kester asked what liability would be if employees and contingency plans fall through.

“It depends on the context if the need arises,” Petersen said.

In case of a recurring basis, he suggested a resolution or other action noted in board minutes to reflect approval and what responsibilities will be.

The topic will be addressed during the March meeting.

The village’s snow removal policy is to remove it when state and county crews remove snow.

“We don’t push snow until there’s three inches,” Kester said.

He commended Behnke for the job done following the first major snow storm.

“I think Main Street is the biggest issue,” Blecher said.

In other business, trustees:

• Approved a building permit for Dwaine and Deb Trease. They will be adding 30 storage units at 707 Nebraska Street. The structure will be 50 feet wide by 140 feet long; and

• Authorized the issuance of sewer revenue bonds, series, 2023, in the amount of $2,109,000, payable to USDA for sewer utility improvements.