Minutes of Regular Meeting

September 12, 2017 - 6:30 PM - Regular Meeting

Pledge of Allegiance

Moment of silence

Public forum

Call to order

Roll Call - by Rec/Tres. Barnes: Council members all present

Guests - Diane Bowen and Jim Mills

Declaration of quorum - Mayor Sullivan declared a quorum was present

Approval of agenda - by consent

Approval of minutes for council meeting - August 12, 2017 - by consent

Approval of financial report -August 2017 - by consent

Staff Report - Rec/Tres. Barnes

    1. Avoca Fire & Rescue

      1. Monthly Report was received by Jeremy Metcalf and read by Rec/Tres. Barnes
      2. Bouncy House for Firemen Picnic - Rec/I res. Barnes informed council, the bouncy house for the Firemen's picnic was confirmed.
    2. NEBCOEMS
      1. Rescue Boat - Rec Tres. Barnes informed council the rescue boat is up and running.
      2. Agreement with Town - Updated per Rec/Tres. Barnes
    3. Facebook & Website: Updated regularly per Rec/Tres. Barnes
    4. Bike Repair Station - Jason Evans; Rec/Tres. Barnes infom1ed council of Jason Evans response concerning sponsoring a race to help with the cost of a bike repair station.
    5. Self Defense Class - Rec/Tres. Barnes will look into getting a class set up at the town hall or park.
    6. Yoga Class - Rec/Tres. Barnes will look into getting a class set up at the town hall or park.
    7. Fall Clean up - October 28, 2017; Rec/Tres. Barnes informed council she has confirmed there will be a compactor truck and a trailer for used tires.
    8. Business Permits - as of September 7, 2017
      1. Avoca RV & Boat Storage: Mike Witte- 825 N. Old Wire Road
    9. Building Permits - as of September 7, 2017 - None
    10. Rose Street Warehouse
      1. Duncan Eviction - Rec/Tres. Barnes informed council the Duncan' s have vacated the warehouse. She is in contact with a cleaning crew to come in and clean up the warehouse so it can be rented.

Committee Reports:

    1. Planning commission - Aid. King
      1. Bike/ped plan - No update
      2. Animals - No update
      3. Master Street Plan - Planning members are working on the Master Street Plan at the next planning meeting.
    2. Zoning and code Enforcement - Larry Parrish
      1. None
    3. Streets- Aid. Gregory
      1. Transportation Alternatives Program (TAP) grant update - Avoca Heritage Trail No update
      2. State Aid -  Spring 2017 - DECCO has started.
      3. Road damage due to flooding: FEMA meeting - FEMA is scheduled to come on Thursday the 14th for their sight visit per Mayor Sullivan.
      4. Street sign on Pearl and Woods Lodge Road- Ald. Hansen recommended removing the yield sign and replacing it with a stop sign. A motion was made by Ald. Hansen to replace the yield sign with a stop sign at Pearl and Woods Lodge Road. 2nd by Ald. Simons. Roll call: Ald. Gregory; Yes, Ald. Hanson; yes, Ald.King; Yes, Ald. Pinkley; No and Ald. Simons; Yes. Motion carried four to one.
    4. Park-Aid. Hansen
      1. Steam Whistle Depot -  No update
      2. Rubber Mulch & Playground Equipment - Purchased, waiting to be delivered.
    5. Personnel-Aid. Pinkley
      1. Planning Commission Training (Jay King & Jim Mills), scheduled for Wednesday September 27, 2017,
    6. Annexations /Town Future - Aid. Hansen & Aid Simons
      1. Public Forum is set for Wednesday, October 4th 6:30 pm on the topic of the 5, 10, 15, 20-year plan. A survey will be sent after the public forum.

Old Business

I .  Waste water system -   No Update

    1. Ald. Hansen to sponsor 5-10-15-20-year plan

      1. Public Forum - Wednesday, October 4th 6:30 pm
    2. ER*Assist: FEMA Update
    3. Monument - Mayor Sullivan informed council, Tommy O'Dell agreed staining concrete would not look good and has agreed on the town replacing the straight flag holder to an arched flag holder.
    4. Affidavit of Service by Certified Mail - Letter to Mr. Marheineke

New Business

  1. Ordinance # 108: An Ordinance authorizing the Mayor to make certain purchases and necessary contracts. A motion was made by Ald. Hansen to place Ordinance #108 on its first reading. 2nd by Ald. Simons. Roll call: Ald. Hansen; Yes, Ald. King; Yes, Ald. Pinkley; Yes, Ald. Simons; Yes, Ald. Gregory; Yes. Motion carried. Rec/Tres.
  2. Barnes read Ordinance# 108: An Ordinance authorizing the Mayor to make certain purchases and necessary contracts. A motion was made by Ald. Hansen to accept Ordinance #108 on its first reading. 2nd by Ald. Simons. Roll call: Ald. King; Yes, Ald. Pinkley; Yes, Ald. Simons; Yes, Ald. Gregory; Yes Aid. Hansen; Yes. Motion carried.

  3. Ordinance# 109: An Ordinance creating Appendix A to the Town of Avoca's ordinances and the repeal of all ordinances in conflict herewith. A motion was made by Ald. Hansen to place Ordinance #109 on its first reading. 2nd by Ald. King. Roll call: Aid. King; Yes, Ald. Pinkley; Yes, Ald. Simons; Yes, Ald. Gregory; Yes. Ald. Hansen; Yes, Motion carried. Rec/Tres. Barnes read Ordinance # 109: An
  4. Ordinance creating Appendix A to the Town of Avoca's ordinances and the repeal of all ordinances in conflict herewith. A motion was made by Ald. Hansen to accept Ordinance #108 on its first reading. 2nd by Ald. Simons. Roll call: Ald. Pinkley; Yes, Aid. Simons; Yes, Aid. Gregory; Yes Ald. Hansen; Yes, Aid. King; Yes. Motion carried.

  5. Ordinance# 110: An Ordinance establishing Regulations concerning Unsightly and Unsanitary Conditions; Repealing Ordinance 80 with an emergency clause. A motion was made by Ald. Hansen to place Ordinance #110 with an emergency clause on its first reading. 2nd  by Aid. Simons. Roll call: Ald. Simons; Yes, Ald. Gregory; Yes. Ald. Hansen; Yes, Aid. King; Yes, Ald. Pinkley; Yes. Motion carried. Rec/Tres. Barnes read Ordinance# 110: An Ordinance establishing Regulations concerning Unsightly and Unsanitary Conditions; Repealing Ordinance 80 with an emergency clause. A motion was made by Aid. Simons to accept Ordinance #110 with an emergency clause on its first reading. 2nd by Ald. King. Roll call: Ald. Simons; Yes, Ald. Gregory; Abstain, Ald. Hansen; Yes, Ald. King; Yes, Ald. Pinkley; Yes. Motion carried four to one.
  6. A motion was made by Ald. Simons and 2nd by Ald. King to place Ordinance# 110: An Ordinance establishing Regulations concerning Unsightly and Unsanitary Conditions; Repealing Ordinance 80 with an emergency clause on its 2nd reading by title only. Roll call: Aid. Gregory; Abstain, Ald. Hansen; Yes, Aid. King; Yes, Ald. Pinkley; Yes, Ald. Simons; Yes. Motion carried four to one. Rec/Tres. Barnes read Ordinance# 110: An Ordinance  establishing Regulations concerning Unsightly and Unsanitary Conditions; Repealing Ordinance 80 with an emergency Clause by title only. A motion was made by Aid. King to except Ordinance #110 with an emergency clause on its second reading by title only. 2nd by Ald. Simons. Roll call: Aid. Hansen; Yes, Ald. King; Yes, Ald. Pinkley; Yes, Aid. Simons; Yes,

    Aid. Gregory; Abstain. Motion carried four to one.

    A motion was made by Aid. King to accept Ordinance #110 with an emergency clause on its 3rd and final reading. 2nd by Ald. Simons. Roll call: Aid. Hansen; Yes, Aid. King; Yes, Ald. Pinkley; Yes, Ald. Simons; Yes, Aid. Gregory; Abstain.

    Motion carried four to one. Rec/Tres. Barnes read Ordinance# 110: An Ordinance establishing Regulations concerning Unsightly and Unsanitary Conditions; Repealing Ordinance 80 with an emergency Clause by title only. A motion was made by
    Ald. Simons to accept Ordinance #110 with an emergency clause on its third reading by title only. 2nd by Aid. King. Roll call: A.Id. Hansen; Yes, Ald. King; Yes, Ald. Pinkley; Yes, Aid. Simons; Yes, Aid. Gregory; Abstain. Motion carried four to one.

    A Motion was made by Ald. Hansen and 2nd by Ald. King to accept the Emergency Clause for Ordinance # 110: An Ordinance establishing Regulations concerning Unsightly and Unsanitary Conditions; Repealing Ordinance 80. Roll call:
    Ald. King; Yes, Ald. Pinkley; Yes, Aid. Simons; Yes, Ald. Gregory; Abstain, A.Id. Hansen; Yes. Motion carried four to one.

    At this time, Aid. Simons made a motion to set aside his 2nd motion from last month's council meeting declaring Dale Marheineke property unsightly and unsanitary, 2nd by Aid. Hansen. Roll call: Aid. King; Yes, Aid. Pinkley; Yes, Ald. Simons; Yes, Aid. Gregory; Abstain, Ald. Hansen; Yes. Motion carried four to one.

    During discussion of thls ordinance, Aid. Hansen requested the person or persons who have a complaint, be in attendance when the matter is being discussed in case the council has any questions. Town resident, Diane Bowen voiced her opinion on this matter after being recognized by Ald. Gregory. During the discussion, Ms. Bowen became disgruntled. At this time, Mayor Sullivan told Ms. Bowen she was out of order. After continuing to talk, Mayor Sullivan informed her again, she was out of order and would be asked to leave or would be removed from the council meeting.

  7. Breast Cancer Proclamation - Read by Rec/Tres. Barnes and signed by Mayor Sullivan. Rec/Tres.  Barnes will  have the proclamation  framed and  hung up.
  8. BCWD #1 - Closing Well; Mayor Sullivan informed council BCWD #1 back-up well has  been closed due to cyanide infiltration.
  9. International Building & Additional codes -  Rec/Tres. Barnes to call local towns to see who  they use or recommend for a building  inspector.

Announcements

  1. Update on Dave Olson was given by Rec/Tres. Barnes
  2. Firemen Picnic -  Saturday  September 16th
    1. Apple Shed Award
  3. Fall Clean-up - Saturday October 28th
  4. Christmas Parade - Saturday December 2nd

Adjournment

Respectfully submitted,
Nanette Barnes

Recorder-Treasurer

 

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