VILLAGE OF EAGLE
May 7, 2013
The Village Board of Trustees met in regular session at 7:00 p.m. on May 7, 2013 with Surman, Meier, Moore and Gillaspie present. Wenzel was absent. 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 Surman named the three (3) areas where the agenda was posted as follows: Community Building, Village Clerk’s Office, and Eagle State Bank.
Motion by Gillaspie, second by Moore, to table S & K Services’ proposal to mechanically clean Village sewer mains and provide video inspection until the May 20, 2013 board meeting. Voting: Ayes – 4. Motion carried.
Motion by Gillaspie, second by Moore, to approve Change Order No. 1 to AJ Donner Construction for an increase of $1,062.14 for the abandonment of existing tank in front of the Community Building for the 4th Street ADA Improvements, ‘D’ to ‘F’ Street Project. Voting: Ayes – 4. Motion carried.
Motion by Moore, second by Surman, to approve Certificate of Payment No. 5 (Final) to AJ Donner Construction in the amount of $14,102.54 for the 4th Street ADA Improvements, ‘D’ to ‘F’ Street Project. Voting: Ayes – Moore, Surman. Nays – Meier, Gillaspie. Motion did not carry.
Motion by Gillaspie, second by Meier, to table the receipt of Engineer’s Certificate of project completion for the 4th Street ADA Improvements, ‘D’ to ‘F’ Street Project until the May 20, 2013 board meeting. Voting: Ayes – Meier, Gillaspie, Surman. Nays – Moore. Motion carried.
Motion by Gillaspie, second by Moore, to maintain the current Board of Trustees pay schedule. Discussion: Moore said the board is currently being paid on the first meeting of each month for the previous month’s meetings. Voting: Ayes – 4. Motion carried.
Open Forum – Gillaspie said he would like to thank the community and Village of Eagle personnel for volunteering their time and effort towards another successful Eagle Fun Run this year. Moore said he has heard concerns in regards to the handicap accessible parking stall on the north side of the community building. The concerned resident asked if the Village would consider making the current handicap accessible stall wider or creating a handicap van accessible parking stall. Maintenance personnel was instructed to move the handicap accessible parking stall one stall to the east and combine the final two parking stalls.
Motion by Moore, second by Meier, to direct John Trouba with SENDD to begin the CDBG application for possible funding of the Safe Room. Discussion: Gillaspie asked if there will be any costs to the Village during the application process. Moore said no. Voting: Ayes – 4. Motion carried.
Motion by Moore, second by Gillaspie, to approve the removal of Donna Stevens, Taylor Maahs and Marc Mosher Jr. from the Eagle Fire & Rescue Department’s active roster. Voting: Ayes – 4. Motion carried.
Motion by Meier, second by Moore, to introduce Ordinance 2013-03. Voting: Ayes – 4. Motion carried.
Chairperson Surman read Ordinance 2013-03 entitled:
ORDINANCE NO. 2013-03
AN ORDINANCE OF THE VILLAGE OF EAGLE, CASS COUNTY, NEBRASKA, TO AMEND ARTICLE 3 CHAPTER 3, OF THE MUNICIPAL CODE OF THE VILLAGE OF EAGLE, NEBRASKA, PERTAINING TO THE MUNICIPAL FIRE DEPARTMENT; MEMBERSHIP; TO AMEND THE REQUIREMENT OF RESIDENCE AND PRIMARY PLACE OF EMPLOYMENT WITHIN THE VILLAGE OF EAGLE OR WITHIN THE RURAL FIRE DISTRICT SERVICED BY THE FIRE DEPARTMENT; TO EXPAND SAID MEMBERSHIP TO THOSE PERSONS WHOSE PRIMARY PLACE OF EMPLOYMENT WITHIN THE VILLAGE OF EAGLE, VILLAGE OF ALVO OR WITHIN THE BOUNDARIES OF THE RURAL FIRE DISTRICT SERVICED BY THE FIRE DEPARTMENT AND A FIVE-MILE PERIMETER BEYOND THE BOUNDARIES; TO PROVIDE THAT THE CHAIR AND THE APPROPRIATE DEPARTMENT, WHETHER ONE OR MORE, OF THE VILLAGE OF EAGLE, NEBRASKA, ARE HEREBY AUTHORIZED AND DIRECTED TO IMPLEMENT THIS ORDINANCE; TO PROVIDE FOR THE SEVERABILITY OF ANY SECTION, CLAUSE, PROVISION OR PORTION FOUND UNCONSTITUTIONAL OR INVALID; TO REPEAL ALL ORDINANCE IN CONFLICT HEREWITH; TO PROVIDE THAT THIS ORDINANCE SHALL BE PUBLISHED WITHIN THE FIRST 15 DAYS AFTER ITS PASSAGE AND APPROVAL EITHER IN PAMPHLET FORM OR BY POSTING IN THREE PUBLIC PLACES IN THE VILLAGE OF EAGLE, NEBRASKA, AND SHALL BE IN FULL FORCE AND TAKE EFFECT FROM AND AFTER ITS PASSAGE, APPROVAL, AND PUBLICATION, AS PROVIDED HEREIN; AND TO PROVIDE THAT THIS ORDINANCE SHALL BECOME AND BE MADE A PART OF THE MUNICIPAL CODE OF THE VILLAGE OF EAGLE, NEBRASKA, AND THE SECTIONS OF THIS ORDINANCE MAY BE RENUMBERED TO ACCOMPLISH SUCH INTENTION.
WHEREAS, Chapter 3, Article 3, Section 302 of the Municipal Code of the Village of Eagle, Nebraska, provides for appointment and procedures for the Municipal Fire Department; Membership, and,
WHEREAS, said Chapter, Article and Section of the Municipal Code of the Village of Eagle, Nebraska should be amended in order to provide more personnel for fire and rescue protection for the Village; and,
WHEREAS, the Chair and Board of Trustees of the Village of Eagle, Nebraska, deem it in the best interests of the citizens of the Village of Eagle, Nebraska, for said amendment by this Ordinance,
NOW, THEREFORE, BE IT ORDAINED BY THE CHAIR AND BOARD OF TRUSTEES OF THE VILLAGE OF EAGLE, NEBRASKA, AS FOLLOWS:
Section 1. That the findings herein and above made should be and are hereby made a part of this Ordinance as fully as if set out at length herein.
Section 2. That Chapter 3, Article 3 of the Municipal Code of the Village of Eagle, Nebraska, and in particular, Section 302 thereof, be amended as follows:
§3-302 MUNICIPAL FIRE DEPARTMENT; MEMBERSHIP
The Fire Chief shall appoint no more than twenty-five (25) members for each Department Company subject to the review and approval of the Governing Body. All vacancies shall be filled in this manner. In order to qualify for membership, an individual must reside in or be employed in his or her primary occupation, in the Village of Eagle, Nebraska, in the Village of Alvo, Nebraska, within the Rural Fire District serviced by the Fire Department, and within a five (5) mile perimeter of the Rural Fire District boundaries, whether within the corporate boundaries of a municipality or without and must be at least nineteen (19) years old or older. Said members shall be considered to be employees of the Municipality for the purpose of providing them with Workmen’s Compensation Insurance. Each member shall be entitled to a term life insurance policy in the amount of five ten thousand ($510,000.00) dollars for death from any cause to age sixty-five (65); PROVIDED, that the firemen covered are actively and faithfully performing the duties of their position. The Fire Department shall consist of so many members as may be determined by the Governing Body. The members may organize themselves in any way they may decide, subject to the review of the Governing Body. They may hold meetings and engage in social activities with the approval of the Governing Body. The Secretary shall, upon request, keep a record of all meetings and shall make a report to the Governing Body of all meetings and activities of the Fire Department. The Governing Body may, for services rendered, compensate or reward any member or members of the Fire Department in an amount set by resolution. All members of the Fire Department shall be subject to such rules and regulations, and shall perform such duties, as may be prescribed or required of them by the Fire Chief or the Governing Body. The members of the Fire Department shall, during the time of a fire or great public danger, have and exercise the powers and duties of policemen and shall have full power and authority to arrest all persons guilty of any violation of the Municipal Code, or the laws of the State of Nebraska. (Ref. 35-101 thru 35-103 S Neb.)
Section 3. That the Chair and the appropriate Department, whether one or more, of the Village of Eagle, Nebraska, are hereby authorized and directed to implement this Ordinance.
Section 4. That all Ordinances and parts of Ordinances passed and approved prior to the passage, approval, and publication of this Ordinance, in conflict herewith, are hereby repealed.
Section 5. That should any section, paragraph, sentence of this Ordinance hereby adopted be declared for any reason be invalid, it is the intent of the Chair and Board of Trustees of the Village of Eagle, Nebraska, that it would have passed all other portions of this Ordinance independent of the elimination here from of any such portion as may be declared invalid.
Section 6. That this Ordinance shall be published within the first 15 days after its passage and approval either in pamphlet form or by posting in three public places in the Village of Eagle, Nebraska, and shall be in full force and take effect on the 15th day from and after its passage, approval, and publication, as provided herein.
Section 7. That it is the intention of the Chair and Board of Trustees of the Village of Eagle, Nebraska, and it is hereby ordained that the provisions of this Ordinance shall amend the Municipal Code of the Village of Eagle, Nebraska, and the sections of this Ordinance may be renumbered to accomplish such intention
Motion by Moore, second by Meier, to accept the first reading of Ordinance 2013-03. Voting: Ayes – 4. Motion carried.
Motion by Moore, second by Gillaspie, to suspend the rules of three consecutive readings of Ordinance 2013-03. Voting: Ayes – 4. Motion carried.
Motion by Gillaspie, second by Meier, to adopt Ordinance 2013-03. Voting: Ayes – 4. Motion carried.
Motion by Gillaspie, second by Moore, to appoint Josh Lahmon as Section 504/ADA Coordinator for the Village of Eagle. Voting: Ayes – 4. Motion carried.
Motion by Gillaspie, second by Moore, to approve Josh Lahmon attending a free Water and Wastewater course for continuing education hours on May 14, 2013 in Wahoo. Voting: Ayes – 4. Motion carried.
Motion by Gillaspie, second by Meier, to approve minutes as typed for the previous meeting. Voting: Ayes – 4. Motion carried.
Motion by Gillaspie, second by Meier, to approve the claims as presented. Voting: Ayes – 4. Motion carried.
Approved Claims: Wages 6,603.22, Board Wages 1,000.00, Nick Nystrom 80.00, American Exchange Bank 333.34, Aramark 296.59, Architectural Design Assoc 21,108.00, Barco Municipal Products 13.93, Black Hills Energy 260.89, Casey’s 453.43, Cass County Sheriff Dept 3,145.21, Colin Electric Motor Srvc 241.01, Constellation Energy 634.58, Coventry 374.88, Display Sales 66.00, Eagle Elementary 540.00, Edstrom-Freeman-Caddy 912.50, EFTPS 2,155.06, Eldon Hestermann 75.00, EMS 15.00, Richard Firebaugh 25.92, Fred’s Auto Electric 20.00, Graham Tire 806.40, Grainger 121.80, HD Supply Waterworks 1,077.91, HTM Sales 5,485.40, IKON Fin Srvs 70.55, John Deere Financial 504.97, John Henry’s Plumbing 200.00, Lovell Excavating 400.00, Mary’s Tax Srvc 17.50, Matheson Tri-gas 367.50, Max-Air 223.48, Medicare 532.00, Menards-North 215.62, Midwest Farmers Coop 16.84, Midwest Labs 263.40, Momar 321.00, NE Dept of Rev 1,319.66, NE Public Health Env Lab 56.00, Office Depot 91.39, Olsson Associates 50.99, One Call Concepts 6.25, OPPD 4,877.27, O’Reilly Auto Parts 27.92, Physio-Control 1,117.50, Principal Fin Group 235.92, Rivers Metal Products 192.99, Rock Creek Refuse 80.25, S & K Srvc 490.00, Tan-Aire 437.50, The Columbus Telegram 53.36, Tri-County Rolloffs 484.77, US Postmaster 226.77, Verizon Wireless 146.90, West-E-Con 392.00, Windstream 562.46, Zimmer Financial Services 37.49, Zito-Media 37.50. Total of bills: $59,903.82.
Approved Pool Claims: Black Hills Energy 21.33, Display Sales 218.00, Menards-North 79.00, Nebraska Sports 650.00, OPPD 71.35, W.M Smith & Assoc 12,218.04. Total of bills: $13,257.72.
Motion by Gillaspie, second by Meier, to approve moving $25,000 from the General Fund to the Park Fund for the 2013 Pool Season. Voting: Ayes – 4. Motion carried.
Motion by Meier, second by Gillaspie, to hire and set the pool wages as follows: Angela Henry – Pool Manger $10.00, Tara Weber – Assistant Manager $8.00, Olivia Freriks – Assistant Manger $8.00, Jessica Moock – Assistant Manager $8.00, Lifeguards: Megan Garrison $7.00, Arien Henry $7.00, Jacqueline Oakley $7.00, Elizabeth Schreiber $7.00, Abby Spaulding $7.00, Kelsey Doran $6.50, Marissa Easton $6.50, Paris Maul $6.50, Shelby Powell $6.50, Cory Schaeffer $6.50, and Loryn Stroh $6.50. Voting: Ayes – 4. Motion carried.
Motion by Gillaspie, second by Meier, to adjourn the meeting at 9:09 p.m. Voting: Ayes – 4. Motion carried.
Nick Nystrom John Surman
Village Clerk Chairperson
A true and complete copy of the above minutes is available at the Village Clerk’s Office during regular business hours.