Town Meeting Minutes

May 10, 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

Guests: 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.

The minutes of April 12 were accepted, as presented, by acclamation.

April 2011 financial report was reviewed and approved, as presented, by acclamation.  Ald. Hansen asked if the budget needed adjusted, due to payment of $500 to clean up the Mencl property.  Bowen reported she deducted the payment from ‘special projects’, and does not think the budget needs adjusted at this time.

Avoca Fire & Rescue – Mayor O’Dell reported he attended a fire board meeting and they will use their 2011 budgeted amount of $13,000 from the town, to use towards their cost of $7,000 plus the option package they choose for the rescue/service truck.


  1. Jordan Sullivan reported the commission met April 26 and worked on sub-division regulations and their next meeting will be June 28.  In June they hope to work on ‘master street plan’ with information they receive from the NWA Regional Planning Commission.  Nanette Barnes, resident of Avoca, attended the April 26 meeting and is willing and interested in being a member of the commission.  Mayor O’Dell appointed Nanette to the planning commission as a member.  Ald.  Hansen, seconded by Ald. Shields, moved the council approve the appointment.  All approved.  Motion carried. Jordan to contact Ms. Barnes to let her know of the appointment and to make arrangements to have her sworn in.


  1. Larry Slingsby had nothing to report.


Committee Reports:

  1. Clean-Up
  2. Spring cleanup will be held Saturday, May 14th.  Deffenbaugh will provide two (2) dumpsters, a trailer will be available for tires, from the County, and Ironwood Shredding & Recycling will be on site for shredding.  Herb Hawkins will also be available with his tractor, for compacting.
  3. Ald. Hansen asked if we could get Benton County inmates to pick up trash along Highway 62, Benton County 74 and Old Wire Road.
  4. Streets
  5. Specs to be written so bids can be let for snow/ice removal. No action taken.  Bowen did report she talked with Gary Black, Benton County, about possibly helping with snow removal.  Bowen to put a list together with primary and secondary roads with street lengths, for Council review and approval.  List to then be forwarded to Mr. Black.
  6. Mayor O’Dell reported he has not contacted Isaias Martinez concerning concrete work that needs done on the south side of BC 74.  The 200 feet drain line the Mayor installed was washed out and will be replaced with a 50 feet drain line, staked down. 
  7.  Ald. Hansen reported the end of her driveway is damaged. Where the newest black top on BC 74 meets her driveway, it has lifted.  There are rocks and bolters between the layers of asphalt.
  8. Ald. Sullivan reported there are areas in the ditch line of Rader Road that are washed out and deep. Mayor O’Dell to contact Paul, McClinton-Anchor, to get advice and do a drive thru of the town for other damages.
  9. Street and Traffic lights – all in working order

4.   Park
a. Ald. Hansen met with Andy Ward, and he can make the sign for the depot pavilion, at a very reasonable cost.
b. Mayor O’Dell to place a timer on the lighting to the apple shed pavilion. 
c. Bowen to get a quote on the rubber mulch for the large play area.
d. 2011 ‘Apple Shed’ nominees were discussed.
e. The guards to be taken off the lights in the apple shed, due to the mess caused by the birds.
f. Fencing needs to be looked at.  Some damage has been caused by the winds.
5.   Town web site – no report
Business Permits

  1. None issued
  2. Bowen to look into whether small engines repair business has opened in the Tucks Chapel/Hwy 62 area.

Building permits – none issued

Unfinished Business

  1. Annexation – Assembled Products – Bowen reported as of April 14, Mr. Ridout is still working on annexation.
  2. Mayor and council received a memo from Attorney Slinkard, dated April 28, concerning requested explanation of ‘delegation of council power and authority’.
  3. No action was taken on the draft ordinance concerning business permits, which included the criteria discussed previously by the council.  Bowen reported the draft did not include language concerning seasonal agri sales.
  4. Bowen reported Stewarts’ attorney filed/submitted a response to ‘Petition for Mandatory Injunction’, defendant’s interrogatories and requests for production of documents and request for admissions.  Town to respond by May 12.  Bowen met with attorney Slinkard on April 28th and went over the town’s responses to defendants’ request for admissions and our answers to interrogatories and production of documents.  Documents were signed by Mayor O’Dell and sent to Stewarts’ attorney on May 9th.
  5.  Bowen reported as of April 19 notices have been sent, by Attorney Slinkard,  to Brian Mencl and Terra Wood and two (2) lien holders advising them they have until June 14 to pay for the cost of cleaning the property ($500) plus attorney expenses totaling $1417.91.  If they fail to pay, the council will have a public hearing on June 14, 2011 @ 6:30 pm wherein the Council will/can approve a lien against their property for the total fees and costs spent pursuing the matter.  

New Business:

  1. Bowen reported a rep from BC Alert will attend our community picnic on June 18 to help educate the public of the program.
  2. Bowen reported we have upgraded our internet service to AT & T’s U-Verse.  Wireless internet is now available.
  3. Bowen reported she is having back surgery on May 23rd and will be working from home, until at least Tuesday, May 31st.
  4. Mayor O’Dell reported he attended a BC Solid Waste meeting that was a required meeting, to apply for 2011 grant for recycling.  Mayor said there are many hoops to go through. 
  5. Re-scheduled to April 30th, due to weather, the first annual Easter Egg hunt was a great success.
  6. Draft of Ordinance No. 88, an ordinance regulating the parking of vehicles on town streets, was reviewed and discussed.  Council changed Section 6, dealing with penalties, leaving the court of jurisdiction setting the fine. 

Alderman Shields moved Ordinance No. 88 be placed on its first reading.  Ald. Sullivan seconded the motion.  All approved.  Motion carried. 

Ordinance No. 88 was read in its entirety.  Ald. Sullivan, seconded by Ald. Shields, moved the first reading of Ordinance No. 88 be approved.  All approved.  Motion carried.

Ald. Hansen moved the rules be suspended and Ordinance No. 88 be placed on its second reading by title only.  Ald. Sullivan seconded the motion.  All approved.  Motion carried.

Ordinance No. 88 was read by title only.

Ald. Hansen moved the second reading of Ordinance No. 88 be approved.  Ald. Shields seconded the motion.  All approved.  Motion carried.

Ald. Shields, seconded by Ald. Sullivan, moved the rules be suspended and Ord. No. 88 be placed on its third and final reading, by title only. 

Ordinance No. 88 was read by title only.

Ald. Hansen, seconded by Ald. Shields, moved the third and final reading be approved.  All approved.  Motion carried.

Ald. Hansen, seconded by Ald. Sullivan, moved the emergency clause of Ord. No. 88 be approved.  All approved.  Motion carried.

  1. Announcements –Veteran’s Day memorial – May 29th; Community picnic – June 18th; Planning commission meeting – June 28th

Ald. Pinkley, seconded by Ald. Hansen, moved the meeting be adjourned at 9:25 PM.  All approved.  Motion carried.


Respectfully submitted,
Diane Bowen



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