Town Meeting Minutes

March 8, 2011 - 7:00 PM

Minutes of Regular Meeting

Present: Mayor Thomas O’Dell, Recorder-Treasurer Diane Bowen
ALD: Kathy Hansen, Darlene Gregory, Kathleen Shields, Dennis Pinkley,
Jordan Sullivan

Guest: Larry Slingsby, zoning official

Mayor O’Dell called the meeting to order at 7:00 PM and declared a quorum was present.

Pledge of Allegiance.

Moment of silence.

Members of the VFW Post 3031 arrived to surprise Mayor O’Dell with a presentation of the VFW Citizenship award.

The minutes of February 8 were accepted, as presented, by acclamation.

February 2011 financial report was reviewed and approved, as presented, by acclamation. Bowen reported the six (6) month financial statement, covering July – December 2010 has been posted.

Avoca Fire & Rescue–Bowen presented the fire department reports, submitted by Chief Elliott. Reports dated Jan 18 and March 8 and a revised budget for 2011. The department has been awarded a $125,000 grant through the federal government, for a rescue/service truck. Bowen to send a copy of the budget to council members.




Jordan Sullivan noted the commission’s next regular scheduled meeting is Tuesday, March 29. They will be reviewing sub-division regulations supplied by Jeff Hawkins, NWA Regional Planning Commission. A master street plan is a pre-requisite to the adoption of sub-division regulations.

David Dodson will attend the meeting as a potential member. Officers to be elected.


Bowen reported a letter, dated March 1, was sent to Leonard Stewart’s attorney, Robert Teague, by our attorney. Mr. Stewart has until March 15 to move the mobile home from its current location. Failure to comply will result in Avoca bringing suit for an injunction to force them to do so.

Committee Reports:

Clean-Up – Spring cleanup will be held Saturday, May 14th, in conjunction with the Great American Clean Up. Ald. Hansen asked if we could spread the word, through the BC Alert system. Great idea, but the system is not available to the towns/cities yet.


Spreader sitting by the highway at Good Wood was discussed as an option for sand/salt spreader. Specs to be written up so that bids can be let for snow/ice removal next winter.

Mayor reported we are having problems with the four-wheel drive in the tractor.

3. Street and Traffic lights – all in working order

4. Park

a. Ald. Hansen working with Brays Ornamental Iron on sign for depot pavilion.

b. Mayor O’Dell to place a timer on the lighting to the apple shed pavilion.

c. Ald. Hansen purchased the 4 auger/ties needed to secure the soccer goals.

d. Ald. Hansen considering purchasing bike rack for park.

e. Porta potty to be called in for April delivery.

f. Ald. Hansen to look at the rubber mulch that we currently have and see how it has spread outside the playground area. Measurements to be taken of large play area for mulch order.

5. Town web site – Bowen reported she had transferred our domain name from godaddy to


Business Permits

  • Business permit application and fee was received from 13 Rebel MC, located at 487 Highway 62. Ald. Hansen, seconded by Ald. Gregory, moved the application be denied due to nature of business activity. All approved. Motion carried.
  • Five (5) renewals for 2011 business permits were issued to Warpspeed Performance, Good Wood Inc., Tri-Star Automotive & Tire Repair, Bentonville Construction and Sunny & Hair.

Building permits

Larry reported there was a building permit issued to Travis Phillips for a 40 X 40 shop at 601 Sheppard Road.

Unfinished Business:

  1. Annexation – Assembled Products – Bowen reported she has not heard anything from Ronald Ridout.
    Deffenbaugh Industries, formally Roll Off Service Inc. provided an amendment to our contract. Amendment item #1 refers to transferring our contract to Deffenbaugh Industries and item #2 refers to Deffenbaugh billing for collection of Avoca’s residential solid waste and recycling. Ald. Hansen, seconded by Ald. Shields, moved the amendments be approved. All approved. Motion carried.
    Benton County Water has been billing Avoca residents. Deffenbaugh will begin billing customers towards the end of March for the 2nd quarter, April, May and June.
  2. Ald. Pinkley asked if our contract with Roll Off Service Inc. has a weather clause. Section 9.2 excuses both parties (Town and Contractor) from performing their respective obligations in the event they are prevented by reason of floods, earthquakes, other “acts of God”, etc.
  3. Bowen reported she sent letters to business permit holders of Joint Construction, LLC and property owners, McClelland & Sons, Inc., concerning the unsightliness of property. Letter gives date of March 15 for property to be brought into compliance.
  4. Hobbs Road – fire lane – Ordinance. Mayor O’Dell reported he had contacted the City of Rogers and their ordinance refers to state laws and is not street specific. Ald. Gregory asked what Sheriff Ferguson had said about enforcing a no parking – fire lane – on Hobbs Road. Mayor O’Dell reported it is the law and he has not contacted the Benton County Sheriff. Ald. Gregory suggested before we proceed, he be contacted. Ald. Hansen volunteered to contact Sheriff Ferguson. Council agreed they would like a blanket ordinance that would have all signage in Town abided by.

New Business:

  1. Resolution No. 01-11, a resolution setting forth meeting rules of the Town Council, was introduced and read in its entirety. Ald. Hansen, seconded by Ald. Pinkley, moved Resolution 01-11 be approved. All approved. Motion carried.
  2. Bowen reported she was asked by the Council in February to write Brian Mencl, concerning the unsightly conditions of his property at 309 Sheppard Road. While trying to find the lien holder of the property, Bowen found the property was to be sold on the courthouse steps on Jan 5, but all county records still showed Mr. Mencl and Terra Wood as owners. The property is not only unsightly, but unsafe and unsanitary. Bowen suggested we let our attorney write the letter.
  3. Ald. Sullivan, seconded by Ald. Hansen, moved the matter be turned over to our attorney. All approved. Motion carried.
  4. 2010 census shows Avoca population at 488. We are now .220 percent of Benton County’s population. Previously we were .276 percent.

Announcements – Community picnic will be Saturday, June 18.

Ald. Hansen, seconded by Ald. Pinkley, moved the meeting be adjourned at 9:40 PM. All approved. Motion carried.

Respectfully submitted,
Diane Bowen



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