Town Meeting Minutes

February 14, 2012 7:00 PM

Minutes of Regular Meeting

Present: Mayor Thomas O’Dell, Recorder-Treasurer Diane Bowen
ALD:  Dennis Pinkley, Jordan Sullivan, Kathy Hansen, Darlene Gregory, KathleenShields          
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 January 10, 2012 regular meeting were accepted, as presented, by acclamation.

January 2012 financial report was approved, as presented, by acclamation.  Bowen noted the substantial increase in the town’s sales and use tax.

Avoca Fire & Rescue – No report

Planning - Jordan Sullivan reported the planning commission met January 31.  They re-elected officers and worked on changes they would like to make to ‘master street plan’.  A lot split may come before the commission at their March 27 meeting.  Mayor O’Dell appointed Jay King to the planning commission to complete Lynn Daves’ term.  Appointment was confirmed by Council.  Re-zoning some areas, including the west side of Old Wire Road from McDougal’s to the north side of park west and Edwin Wells property, were discussed.  Process will involve notifying those affected and a public hearing.

a. Zoning official, Larry Slingsby, was not present.  His intention to resign was noted.
b. Bowen sent a registered letter to Brian Mencl at 309 Sheppard Road concerning violations of zoning code on January 11.  Letter requested all husbandry equipment be removed from his property within seven (7) days of receipt of notice.  Mayor O’Dell looked at property after the seven days and said the equipment has been moved.  The registered letter also requested the property be brought into compliance with Ordinance No. 80, an Ordinance establishing regulations concerning unsightly and unsanitary condition, within seven (7) days of receipt of notice.

Committee Reports:

  1. Clean-Up – Spring cleanup will be Saturday, May 12th.
  2. Streets

a. Mayor O’Dell reported the work being done by J. Johnson Construction on Rader Road and the south side of BC 74 is completed. 

b. Mayor O’Dell reported the drainage work on Orchard and Center Street has been completed, but has caused other drainage issues.  Roy Scates was concerned about getting flooded, but Rachel Etoll’s property did flood.  Mayor O’Dell’s plan is to extend the ditch line past Scates home with a shallow, five (5) feet wide swale. Water will eventually run off the south side of BC 74.  Building a retention pond was also discussed.  Mayor to contact Johnson Construction.

c. A couple small trees need to be removed on BC 74, before they fall in ditch lines

    3.   Street and Traffic lights – Street light on Dancer/Old Wire Roads has been fixed.   
    4.  Park

a. Sign for the depot pavilion is work in progress.
b. Mayor O’Dell is still working on dumpster screening.

    5.   Town web site – up to date

Business Permits

  1. Bowen reported the following eight (8) businesses have been issued their business permit renewals for 2012:   Trotter’s Tree Service, Wingate Outdoor Advertising, Tri-Star Automotive & Tire Repair, Williams Tree and Lawn Service, Inc., Avoca One Stop, Hawkins P.C. & I. Inc., Kimball Automotive and K & K Auto Sales.
  2. New & Again on Highway 62 is out of business.

Building permits – Building permit issued to Good Wood at 802 South Highway 62 for a 70 feet X 69 feet extension to an existing building.

Unfinished Business:

  1. Town of Avoca vs. Leonard and Mindy Stewart - Bench trial scheduled for Wednesday, February 8 has been re-scheduled to March 12th.

New Business:

1. The agreement between the Town and NEBCO EMS for EMS services was reviewed by Council.  Ald. Shields, seconded by Ald. Pinkley, moved the Council allow Mayor O’Dell enter into the agreement with NEBCO EMS.  All approved.  Motion carried.

2.  Bowen reported the BC Alert poster has been posted and is on web site.

3. New businesses:

a. Bowen reported she made contact with Tim Scott, Wal-Mart ‘new store real estate’.  Mr. Scott said the Wal-Mart Express is in the test phase and are not looking for new locations at this time.   Wal-Mart contacts towns/cities with due diligence.

b. Ald. Hansen reported she has had recent e-mail correspondence with Dollar General.

4.  Bowen reported certified letters were sent to Lynn Fulton and Tim McDougal concerning the home fires they have recently had and advising them of the 2010 Avoca Zoning Code. Lynn Fulton’s letter was sent January 23 and Tim and Reba McDougal’s letter was sent January 26.  Bowen reported another fire February 4 destroyed a mobile home at 895 Rader Road.  Bowen to send letter to property owner concerning zoning code. 

5.  Abandoned/vacant homes in the town limits were discussed.  Item to be added to March agenda.

6.  Bowen reported Hoss Cameron of Hoss’s Mobile RV Repair removed his sign on Old Wire/Lester Road.

7.  Resolution 04-12, adopting an amended 2011 budget, was read.  Ald. Hansen, seconded by    Ald. Shields, moved the resolution be accepted.  All approved.  Motion carried.

8.  Bowen submitted draft ordinance for business licenses.  Discussion on fees, revocations, exempted businesses, whether a business permit needs to be obtained before construction, etc. followed. Council to review draft and provide feedback. 

9.  Ald. Hansen, seconded by Ald. Gregory, moved Mayor O’Dell enter into an agreement with Avoca Fire and Rescue for fire service to the residents of the Town.  Agreement to be reviewed annually.  All approved.  Motion carried.

10.  Ald. Hansen asked ‘what rights does the Town have to enforce regulations in State and County right-of-ways’?


Ald. Shields, seconded by Ald. Pinkley, moved the meeting be adjourned at 8:22 PM.  All approved.  Motion carried.

Respectfully submitted,
Diane Bowen



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