Town Meeting Minutes

June 12, 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:  Adam Kinney, Delores and Harold Bartizal        

Mayor O’Dell called the regular meeting to order at 7:05 PM and declared a quorum was present.

Pledge of Allegiance.
Moment of silence.

The minutes of May 8, 2012 regular meeting were accepted, as presented, by acclamation.

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

Harold and Delores Bartizal were present concerning their property at 846 Tucks Chapel Road.  Bowen had sent them a letter, per Council instructions, advising them due to no significant improvement, 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.  Mr. Bartizal said there was a misunderstanding with the time they had to have the house torn down and they were donating the boards, bricks, etc. to various people.  Ald. Sullivan, seconded by Ald. Hansen, moved Mr. and Mrs.  Bartizal be given an additional  thirty (30) days to get the house completely torn down and the property brought into compliance.  All approved.  Motion carried.

The property is safer than it was, but it was brought to Mr. and Mrs. Bartizal’s attention the Council will not be as lenient after thirty (30) days.  Deadline is July 12.

Avoca Fire & Rescue – Adam Kinney presented the department’s financial report as of May 9 and a listing of their board meeting dates.  Annual Community Picnic will be Saturday, June 16.  Bowen to advertise picnic on BC Alert.  No Chief report.

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

Planning - Chairman Sullivan reported the committee met May 23 and reviewed changes in permitted and conditional uses for the various zoning districts; discussed various fees; discussed proposed changes in zoning districts.   Committee will meet again in July and public hearing to be scheduled for September.

Committee Reports:

1. Clean-Up – Bowen reported the spring cleanup held Saturday, May 12th yielded 3.95 ton bulk solid waste, 1800 pounds scrap metal and 25 tires with 27 volunteers. 

2. Streets

  1. Drainage on Orchard – J. Johnson Construction Co. has started the ditch work on Orchard.
  2. Re-decking trailer – no report
  3. Mayor O’Dell reported he has a quote from Hugg ‘N’ Hall for a 2010 L3940 HST Kubota tractor with a front end loader and 392 hours.  Cost is $19,200 plus tax.  Thirty (30) day guarantee on engine and hydrostats.  Ald. Sullivan, seconded by Ald. Shields, moved the Town purchase the tractor as per Mayor O’Dell’s inspection and approval.  Cap on purchase is $19,500.  All approved.  Motion carried.
  4. Ald. Pinkley brought up discussion for a truck or small, 5’ X 8’ trailer that can be pulled behind the mower.  Mayor O’Dell said the long range plan is to get a 1 ton truck with dump bed.  No action taken.
  5. Ald. Hansen reported she believes when the Town diverted the springs on BC 74 it affected her well.  In May she had thirty (30) minutes of water at one time.  Her well is about the depth of her driveway on BC 74; if she takes her well deeper she is afraid of hitting sulfur; flow rates have not been done in the past, so she does not have comparables; cost to connect to Benton County Water will cost between five and eight thousand dollars.  Before any further discussions, Bowen to contact Attorney Slinkard for legal advice.
  6. Harley Ingram has recently been in the hospital.  Bowen to get a Doctor release before Mr. Ingram can operate tractor and brush hog.

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

  1. Ald. Hansen reported Andy has the drawing for the depot pavilion sign.
  2. Apple Shed recipient for 2012 – 2013 to be announced at annual community picnic.
  3. Memorialize the location where the moving Tomb of the Unknown Soldier was in the   town park - no action taken
  4. Needed benches and tables to be ordered.  
  5. Ald. Hansen reported on the Avoca Disc Golf Course.  Heath Whitney has presented a proposed layout for the course.  Rough estimate for baskets, tee pads, tee signs, design, concrete for baskets and signs is $5000.  Ald. Hansen moved $6000 be allocated from the budgeted park fund for the course.  Ald. Gregory seconded the motion.  All approved.  Motion carried.

 5.   Town web site – up to date

Business Permits

  1. Bowen reported Slaughter’s Lunch Box, 120 W. Rose, has been issued a business permit.
  2. Uncle Sam’s Fireworks, 121 W. Rose, has been issued a business permit.

Building permits
      1.  None issued

Unfinished Business:

1.  Bowen reported she sent 1st notices on June 12 to both Brian Mencl and Terra Wood, property owner, and Bank of America, lienholder, concerning the property at 309 Sheppard Road. The letters informed them of violations of Ordinance No. 80, an ordinance establishing regulations concerning unsightly conditions, and Ordinance No. 87, adopting Avoca Zoning Code 2010. 

2.  Bowen reported she had a title search/report done on Lynn Fulton’s property at 839 Lester Lane.  Bowen reported the property is in bankruptcy and there is not a lienholder on record.  Finding who carries the insurance has become an issue.

New Business:

  1. Draft ordinance – business permit – no action
  2. Bowen reported abandoned/vacant homes and businesses can be handled through Town’s unsightly/unsanitary Ordinance No. 80.

     3.  Ald. Sullivan moved Ordinance No. 93, an ordinance approving and ratifying the execution of contract for solid waste collection services, be placed on its second reading by title only.  Ald. Hansen seconded the motion.

  1. Roll Call:  Ayes:  ALD:  Pinkley, Shields, Hansen, Gregory, Sullivan
  3. Motion carried.
  5. Ordinance No. 93 was read by title only.
  7. Ald. Pinkley, seconded by Ald. Sullivan, moved the second reading of Ordinance No. 93 be approved.
  9. Roll Call:  Ayes:  ALD: Pinkley, Shields, Hansen, Gregory, Sullivan
  11. Motion carried.
  13. Ald. Hansen, seconded by Ald. Pinkley, moved Ordinance No. 93 be placed on its third and final reading by title only.
  15. Roll Call:  Ayes:  ALD: Pinkley, Shields, Hansen, Gregory, Sullivan
  17. Motion carried.
  19. Ordinance No. 93 was read by title only.
  21. Ald. Pinkley, seconded by Ald. Hansen, moved the third and final reading of Ordinance No. 93 be approved.
  23. Roll Call:  Ayes:  ALD: Pinkley, Shields, Hansen, Gregory, Sullivan
  25. Motion carried.

4.  Bowen reported Little Flock district court has agreed to take our cases.  The court clerk, Lynda Albert, is waiting on another city to give them a copy of their agreement so they can look it over and see what needs to be done and what the charges will be    

5.  Dollar General – the second site Dollar General looked at did not perc for a septic system.  They are still interested in Avoca if a location can be found.

6.  Livestock issues - tabled    

7. Bowen reported she will be on vacation July 23 – July 30.  She will take the Town computer to stay current with email and have town documents and will forward Town phone to her personal cell.

8.  Bowen’s third year of Municipal Clerk Institute will be in Fayetteville September 16 – 21.

9.  Annual reviews or evaluations on non-elected positions within the Town was discussed.  Bowen to try and get information and forms from other municipalities.

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

Respectfully submitted,
Diane Bowen



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