Town Meeting Minutes

April 10, 2012

Minutes of Regular Meeting

Present: Mayor Thomas O’Dell, Recorder-Treasurer Diane Bowen
ALD: Dennis Pinkley, Jordan Sullivan, Kathy Hansen, Darlene Gregory,
         Kathleen Shields 
Guests:  Harold Bartizal, Paxton Singleton, Nanette Barnes, Larry Slingsby        
Mayor O’Dell called the public hearing, on petition to close and/or vacate a portion of West Orchard, open at 7:03 PM.  Bowen noted notice of hearing was published and Paxton Singleton, Global Surveying Consultants, Inc. showed proof that adjacent property owners were notified of public hearing.  No one was present to object the closing of a portion of West Orchard.  Public hearing was closed at 7:06 PM.

Mayor O’Dell called the regular meeting to order at 7:06 PM and declared a quorum was present.

Pledge of Allegiance.
Moment of silence.

The minutes of March 13, 2012 regular meeting were accepted, as presented, by acclamation.

March 2012 financial report was approved, as presented, by acclamation.    Bowen also presented a copy of January – December 2011 financial statement.  The statement was posted, as required by law.

Avoca Fire & Rescue – No report

Planning - Jordan Sullivan reported the planning commission met for their regular meeting on March 27th.  They approved the final plat and site development plan for Dollar General.  Committee was put together to address issues such as permitted uses, fees and re-zoning of some areas.  Committee members are Loretta Hawkins and Nanette Barnes from the planning commission; Kathy Hansen and Dennis Pinkley from the Town Council; Mayor O’Dell; Chairman Sullivan; Diane Bowen and Zoning Official Slingsby.  Committee to meet April 18th at 7:00 PM.

Zoning - Zoning official, Larry Slingsby, presented a listing of three (3) homes and one (1) business that have been abandoned.  These numbers do not include the homes/mobile

homes that have had recent fires.  Bowen to talk with attorney on proper procedure to have these homes torn down.  Slingsby also said vehicles are still in the yard of a Rose Street resident.  Slingsby to follow up and if cars are not moved in seven (7) days he is to send them a certified letter addressing the issue.

Committee Reports:

  1. Clean-Up – Spring cleanup will be Saturday, May 12th.  Bowen reported we will have the dumpster for bulk items, trailer for passenger tires, trailer for scrap metal and shredding.  Clean-up will also be posted on BC Alert. 
  2. Streets

a. Drainage on Orchard – Quote from J. Johnson Construction Co. to cut 100+ feet of ditch on Orchard; pour concrete driveway swell; cleanup and seed and straw is $5,413.  Ald. Hansen, seconded by Ald. Pinkley, moved to accept the bid.  All approved.  Motion carried.  Mayor O’Dell reported he had talked with Rachel Etoll is she is OK with the plan. 

3.   Street and Traffic lights – All in working order   

4.   Park

a. Sign for the depot pavilion is work in progress.

b. Porta potty to be delivered week of April 16.

c. Recipient of ‘Apple Shed’ award was discussed.

d. Mayor O’Dell said he would like to memorialize the location where the moving Tomb of the Unknown Soldier was in the town park.

e. Placing picnic table and/or bench by the volleyball court was discussed.

f. 2nd annual Easter egg hunt was a great success. 

5.   Town web site – up to date

Business Permits

  1. Bowen reported Beaver Storage, Inc. has been issued their business permit renewal for 2012
  2. Avoca Auto Sales, Inc. moved their business to 515 Tucks Chapel Road, due to the possible imminent sale of the property he was renting at 155 W. Rose.  Tommy Cluck submitted a business permit application and paid the applicable fee.  The zoning verification was denied because used auto sales is not a permitted use.  Discussion included  what led Mr. Cluck to moved his business; he has been an upstanding licensed business owner in Avoca since 1996; it would cause a hardship if Mr. Cluck had to close his business until the end of June, when he could go before the planning commission and apply for a conditional use permit. After full discussion, Ald. Sullivan moved Mr. Cluck be granted a business permit for Avoca Auto Sales, Inc. at 515 Tucks Chapel Road.  Ald.  Hansen seconded the motion.  All approved.  Motion carried.

 Building permits
      1.  Building permit issued to Harold Bartizal at 846 Tucks Chapel Road for a 30 X 40 metal garage with a concrete floor.

Unfinished Business:

  1. Town of Avoca vs. Leonard and Mindy Stewart – mobile home to be removed from property by June 12.
  2. Variance – curbing for Dollar General.  Ald. Shields moved the variance for curbing be granted as shown on site development plan.  Motion failed due to lack of second.  Discussion involved the hydrant that shows on the plans as being placed on the south side of Rose Street and the developer’s high cost.  Council agreed the hydrant could be placed on the north side of Rose Street and due to the savings; the developer could curb the entire lot.  Ald. Sullivan, seconded by Ald. Gregory, moved the hydrant be placed on the north side of Rose Street.  All approved.  Motion carried.

      Ald. Hansen, seconded by Ald. Gregory, moved the variance for curbing be denied.  All approved.  Motion carried.

  1.  Bowen reported Edwin Well’s annexation has been filed and recorded with the office of the Secretary of State.
  2. The Mencl property located at 309 Sheppard Road was discussed again.  More farming equipment is on the property and the grounds are unsightly.  Bowen to send Mr. Mencl another registered letter concerning the issues and to let Mr. Mencl know he is not to bring the equipment back on his property, once removed.

New Business:
1.   Draft ordinance – business permit – no action

2.  Agreement between Town of Avoca and Avoca Fire & Rescue has been signed.

3.  Security system installation in progress.  Mayor      O’Dell would like to order four (4) more cameras to have as replacements.

4.  Cabinets built by Latham Cabinets have been delivered.

5. Bowen reported she was not able to attend the ACOOP (Arkansas Continuity of Operations Program) training program on disaster recovery plans held March 26 at NWACC.

6.   Mr. Bartizal was in attendance concerning his property at 846 Tucks Chapel Road.  He received a certified letter, dated March 21, from the Town concerning the unsightly and hazardous conditions on his property.  The letter gave him seven (7) days to remove appliances, trash, etc. and thirty (30) days to restore, lawfully dispose of or place in an enclosed building the inoperative motor vehicles.  Mr. Bartizal came to town hall after receiving the letter and to date has removed appliances from the property, is fixing his tool building, put a gate on the property and has removed windows from the house.  He stated he had a crew to start tearing down the house, but due to the tornado in Texas, his crew/work has been delayed. Bartizal asked the Council for an extension to get the property cleaned up and will keep the town informed of his progress.

7.  Ordinance No. 92, an ordinance vacating a portion of West Orchard Road was introduced and read in its entirety.  Ald. Hansen, seconded by Ald. Sullivan moved the first reading of Ordinance be approved.  All approved. Motion carried.

 Ald. Shields, seconded by Ald. Pinkley, moved the rules be suspended and Ordinance No. 92 be read by title only.  All approved.  Motion carried.

Ordinance No. 92 was read by title only.

Ald. Sullivan, seconded by Ald. Pinkley, moved the second reading of Ordinance No. 92 be accepted.  All approved.  Motion carried.

Ald. Hansen, seconded by Ald. Shields, moved the rules be suspended and Ordinance No. 92 be placed on its third and final reading.  All approved.  Motion carried.

Ordinance No. 92 was read by title only.

Ald. Hansen, seconded by Ald. Gregory, moved the third and final reading of Ordinance No. 92 be accepted.  All approved.  Motion carried.

Kathleen Shields moved the emergency clause be accepted.  Ald. Sullivan seconded the motion.  All approved.  Motion carried.

8.  Bowen expressed the need for an Ordinance for solid waste and disposal since the Town  has an agreement with Deffenbaugh Industries.  Bowen to contact attorney and council would like copy of Ordinance prior to meeting.

Ald. Hansen, seconded by Ald. Pinkley, moved the meeting be adjourned at 8:45 PM. All approved.  Motion carried.

Respectfully submitted,
Diane Bowen



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