Town Meeting Minutes

May 8, 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:Nanette Barnes, Adam Kinney

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

Pledge of Allegiance.
Moment of silence.

The minutes of April 10, 2012 regular meeting were accepted, as presented, by acclamation.

April 2012 financial report was approved, as presented, by acclamation.    

Avoca Fire & Rescue – Adam Kinney presented financial and Chief Elliott’s monthly report; annual Community Picnic will be Saturday, June 16; one vacancy on the Board of Directors.

Planning/Zoning – Bowen presented Zoning Official report for Larry Slingsby.

Planning - Chairman Sullivan reported the committee met April 18th and worked on permitted and conditional uses for the various zoning districts.  Committee will meet again on May 23rd at 6 pm.

Committee Reports:

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

A. Drainage on Orchard – Mayor O’Dell reported it may be 4 – 6 weeks before J. Johnson Construction Co. starts the ditch work on Orchard.

B. Mayor O’Dell reported the boards on the town’s trailer are rotten and suggested it be re-decked with the recycled decking.  Mayor to find out details on strength of decking and how much weight it will hold.

C. Mayor O’Dell reported he has talked with Jerry Trotter again about possibly working for the Town after retiring from current job.

3.   Street and Traffic lights – All in working order   
4.   Park

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

B. Picture of sign with current Apple Shed recipient, to be framed, and sign to be re-painted for new recipient.

C. Memorialize the location where the moving Tomb of the Unknown Soldier was in the town park - no action taken

D. Ald. Hansen to look at park and see what additional benches, tables, etc. are needed.

E. Ald. Hansen reported she is looking further into a disc golf practice field in the park.  Two (2) Rogers schools have courses.

5.   Town web site – up to date

Business Permits

  1. Bowen reported Avoca Auto Sales, Inc., 515 Tucks Chapel Road, has been issued a new business permit.

Building permits
1.  None issued

Unfinished Business:

1. Leonard and Mindy Stewart removed the mobile home from their property around April 19th, per court order.

2. Bowen reported she sent a certified letter, dated April 12, 2012, to Brian Mencl and Terra Wood concerning their property at 309 Sheppard Road. The letter informed them of violations of Ordinance No. 80, an ordinance establishing regulations concerning unsightly conditions, and Ordinance No. 87, adopting Avoca Zoning Code 2010.  The letter requested they remove all husbandry equipment from their property and keep the equipment off the property and to bring the property into compliance with Ordinance No. 80 within seven (7) days of receipt of letter.  Certified letter was signed for on April 13 and on April 20 the violations still existed.  Howard Slinkard, Slinkard Law Firm, sent a letter May 3rd giving them until May 11 to bring the property into compliance.  Bowen to follow up, get a title search/report,  and meet requirements of notifying lien holders of Town’s intention to have property cleaned up and charge the property with a lien for the expenses incurred in the clean-up, including administrative expenses.   Bowen to have Larry Slingsby take pictures of property on Friday, May 11.

New Business:

1. Draft ordinance – business permit – no action

2. Bowen reported she met with Attorney Slinkard on May 1st concerning several items, including abandoned/vacant homes and businesses.  Slinkard is researching, but believes the Town can handle through Town’s unsightly/unsanitary Ordinance No. 80.

3.  Bowen reported Mr. Bartizal stopped by the office on May 1st concerning his property at 846 Tucks Chapel Road.  He informed Bowen he was still proceeding with the clean-up of his property. Due to the fact there has been no significant improvement, Bowen was instructed to send Mr. Bartizal another letter advising him the Council requests the house be razed by a bulldozer and copies of the receipts for the disposal of the building materials and rubbish be submitted to the Town, prior to Friday, June 8th.

4.  Installation of security system has been completed.

5.  Ordinance No. 93, an ordinance approving and ratifying the execution of contract for solid waste collection services, was introduced and read in full by Bowen.  Ald. Hansen moved the first reading of Ordinance No. 93 be accepted.  Ald. Gregory seconded the motion.
Roll Call:  Ayes:  ALD:  Pinkley, Shields, Hansen, Gregory, Sullivan
Motion carried.

6.  Bowen reported she has talked with Attorney Slinkard concerning using local district courts instead of the Circuit Court of Benton County.  In researching, Bowen has made contact with Keith Caviness, Administrative Office of the Courts.  Next step is to contact Pea Ridge and Little Flock district court judges and clerks. 

7.  No update on Dollar General.

8. Certified and regular letter, dated April 19, was sent to Tim and Reba McDougal concerning unsightly conditions on their property at 801 N. Old Wire Road.  As of April 24 the property had been mowed and most of the trash picked up.

9. Certified and regular letter, dated April 27, was sent to Lynn Fulton concerning his property at 839 Lester Lane.  Property is unsightly.  Property was to be cleaned up within seven (7) days of receipt of letter.  To date nothing has been done.  Due to possible insurance issues, Bowen to try and find out who insures the property.  Bowen to have a title search/report done on the property.

10. Mayor O’Dell reported he viewed the property on Elm Street, following a complaint, and said the property was not in too bad of shape, but could be mowed.

11. Dead trees/brush along power right of ways was discussed. 

Ald. Shields, seconded by Ald. Pinkley, moved the meeting be adjourned at 8:55 PM. All approved.  Motion carried.

Respectfully submitted,
Diane Bowen



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