The Village Board of Trustees met in regular session at 7:00 p.m. on January 5th, 2010 with Buckley, Surman, Weyers and Wenzel present. Jacobsen arrived at 7:03 p.m. The Agenda items listed thereon were sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting. The Chair, at the beginning of the meeting, informed the public about the location of the posted current copy of the Open Meetings Act. Chairperson Wenzel named the three (3) areas where the agenda was posted as follows: Community Building, Village Clerk's Office, and the Coop.

Report from Law Enforcement - Deputy Boehm reported there were 171 hours patrolled, 29 calls for service, 5 citations, and 13 warnings. Wenzel said he would like to have one question clarified with Schukei, which is whether the officers are doing what needs to be done when there is a snow emergency. Schukei said you have to consider that the last time we had a snow emergency no one could get here. Boehm said they could not get here for a couple of days. Schukei said they did not get here until Sunday. Boehm said he got here on Sunday and the emergency expired. Wenzel said what could be done is when the officer comes into town to contact Schukei to see where the troubled issues are. Freeman-Caddy asked if we had to tow vehicles. Boehm said no.

Gary Pavel to discuss Village audit - Pavel absent.

Report from Building Inspector - Firebaugh absent. Wenzel asked if 355 Wenzel Circle had an occupancy permit because the residents were moving furniture into the house. Surman said the report from Firebaugh only goes to December 30th. Wenzel said this is the only question he would have.

Open Forum - Karen Bouwer said she is only giving the Board an update on the topographical survey and she is having problems doing the survey due to the snow. She said the plan is they want the topographical survey to be done from the center of the road all the way to the swimming pool because they need to know what the lowest spot is. Wenzel said the low area would be in the backyard of the house. Schukei said there are two low areas one is the south boundary of "D" Street and the other is in the backyard of the house.

Motion by Buckley, second by Surman, to accept the minutes from the December 21st and December 22nd meetings. Discussion: Surman said he had a question for Wenzel and would like to have a clarification on some wording on the last page of the full copy. Wenzel asked Surman which copy. Surman said the 21st and the question would be what does it mean by tunnel on the third line of the last page. Wenzel said it would have to have flared sides. Voting: Ayes- 5. Motion Carried.

Motion by Surman, second by Jacobsen, to approve the claims as presented. Voting : Ayes - 5. Motion Carried.

Approved Claims: Wages: 8197.17, Donna Stevens 80.00, Christa Surman 56.96, Board Wages 1500.00, Mary Gerteisen 75.00, All Roads Barricades 461.98, American Community 235.98, American Exchange Bank 500.02, Aramark 276.62, Ball Insurance 1654.00, Black Hills Energy 294.75, Bluecross/Blueshield 1559.60, Casey's 110.50, Cass County Sheriff Dept 3145.21, Constellation Energy 1030.68, Dennis Hansen Plumbing Inc 1145.00, Dirt Works Inc. 4045.50, EMS 132.58, Eagle Automotive 318.90, Eagle Vision 250.00, Eagle State Bank 2401.94, Richard Firebaugh 829.14, Great Plains Diggers 15.15, Maureen Freeman-Caddy 620.50, Futureware 516.00, Galaxy Cablevision 35.00, Hamilton Equipment 214.36, IKON 492.00, JEO 2500.00, Kabredlos 1443.26, Linweld 68.32, Lou's 123.67, Lou's Sporting Goods 3500.00, Menards 37.34, Michael Todd and Co 302.50, Midwest Labs 148.06, Midwest Underground 2008.00, Power Plan 167.34, NE Public Health 56.00, NE Snow Equipment 746.69, NE Dept of Revenue 1353.52, Office Depot 299.99, O'Reillys 179.22, OPPD 4273.22, Quick Dump 75.00, Sensus Metering System 145.00, Steve Sass 1093.00, The Columbus Telegram 214.47, US Postmaster 151.00, USA Bluebook 262.64, Verizon Wireless 165.16, Windstream 554.89, Zenisek MFG & Supply 961.99. Total of bills: $51,124.82.

Approved Pool Claims: Black Hills Energy 21.47, OPPD 60.76, Quick Dump 52.00. Total of bills: $134.23.

Discuss/possible action concerning approving "Letter of Agreement" with Architectural Design Associates - Wenzel explained the fees on the back page are only used after ADA has gone all the way through the design and has given us a DD set with only minor changes in the building prior to that. A change in the structure after that would cause ADA to use the fees on the back page. Freeman-Caddy said you would then do a modification from the original. Wenzel said yes and then they would go back to the fee schedule. Wenzel said if we do not do any major modifications like change the whole structure they will stay at the $70,000 and not use the fee schedule. Wenzel said on page 1b they added the conception estimate technique, plus a render. Surman said on page 2 in parts 3 of subsection "d" there is times that it will be hard to pay this in thirty (30) days if they go ahead and send bills out the first week of the months and sometimes our meetings are the 7th. Wenzel said we would just have to wait for the next meeting. Wenzel asked Freeman-Caddy what her opinion was about paying in the thirty (30) days. Freeman-Caddy said if you only approve the claims once a month; you could approve the claims on the second meeting also. Wenzel said all you would have to do is put it on the agenda. Surman said okay. Freeman-Caddy said you could also do a special claim on the second meeting.

Motion by Jacobsen, second by Weyers, to accept the "Letter of Agreement" with Architectural Design Associates concerning the community building. Voting: Ayes -5 . Motion Carried.

Discuss/possible action concerning "Agreement for Professional Services" with Olsson Associates not to exceed $1500 - Wenzel said this would be for the street superintendent. He said Chappin called him the other day and said it would not be much over $500 for the 1&6 year plan. Freeman-Caddy asked then why does it say $1500. Wenzel said there is some other paperwork that they have to submit. Freeman-Caddy said they keep saying that it is part of it. Wenzel said the first paperwork would be submitted in February. Wenzel said he thinks that it is not to exceed the $1500 so if it is less then the $1500 they will not charge the full amount. Freeman-Caddy said it does not say how much they are charging for their time or how they are calculating it. Wenzel said it would be per year. Freeman-Caddy said the problem is that they say the maximum is $1500 then how do they actually calculate the actual amount. Wenzel said it would be the hours that the engineer uses. Wenzel said this is what he understood over the phone. Jacobsen said the compensation for service will be billed on a timely expense basis. Freeman-Caddy said if you look in the back they have the mileage. Wenzel said he thinks it is cheaper then what JEO was charging us. Wenzel asked Freeman-Caddy if she still had concerns about this. Freeman-Caddy said no because when she originally looked at it they were only going to charge a flat rate of $1500 because they did not have an hourly rate.

Motion by Buckley, second by Jacobsen, to accept the "Agreement for Professional Services" with Olsson Associates not exceeding $1500 per year. Voting: Ayes- 5. Motion Carried.

Report from Office - Christa Surman said the Clerk has sent out the obstruction letters. Wenzel said we got a bid on the basketball court from Dostals and he has been talking to Schukei about how to go on with this. He said if we are going to have this bonded we need to have some sort of a letter of an agreement with some specs. We do not have to have it completely bid out but have it done by the end of May. Freeman-Caddy asked what the rough estimate was. Buckley said $20,000. Wenzel said what is a concern is the black soil is kind of iffy, so he said there is some kind of fabric that you could put underneath the limestone to help bridge this. Buckley said we have time on this so we should wait until spring. Surman said we should not tear anything up right now because we are not going to act on it. Buckley said yes. Wenzel said we should just go ahead and have him design it with the bridge over it. Schukei said the fabric would probably cost the Village about $300. Wenzel said so just to play it safe we could throw on the fabric and then go ahead and get the documents drawn up and let them look at it at the end of February and give the estimates back and act on it after that.

Report from Attorney - Freeman-Caddy said the Clerk reported to her that all of the obstruction letters have come into compliance except the one with the fence, but they are working on that. Freeman-Caddy said she sent the letters to Buel about the obstructions and the trees and he has been served. Buel has not yet responded. Freeman-Caddy inquired about the rural fire meeting since it is the Clerk's plan to have Mr. Johnson at the January 18th meeting. Freeman-Caddy reported on the ADA complaint.

Motion by Jacobsen, second by Surman, to adjourn the meeting at 8:10 p.m. Voting: Ayes - 5. Motion carried.

I, the undersigned Village Clerk for the Village of Eagle, Nebraska, hereby certify that the foregoing is a true and correct copy of proceedings had and done by the Chair and Board of Trustees on January 5th, at 7:00 p.m. and that all of the subjects included in the foregoing proceedings were contained in the Agenda for the meeting, kept continually current and readily available for public inspection at the office of the Village Clerk; that such subjects were contained in said Agenda for at least twenty-four (24) hours prior to said meeting; that at least one copy of all reproducible material discussed at the meeting was available at the meeting for examination and copying by members of the public; that the said minutes from which the foregoing proceedings have been extracted were in written form and available for public inspection within ten (10) working days and prior to the next convened meeting of said body; that all news media requesting notification concerning meetings of said body were provided advance notification of the time and place of said meeting and the subjects to be discussed at said meeting.

Christa Surman, Assistant Clerk
Seal

________________         ________________
Christa Surman                 Mike Wenzel
Assistant Clerk                  Chairperson