Town Meeting Minutes

August 14, 2012

Minutes of Regular Meeting


Mayor Thomas O’Dell, Recorder-Treasurer Diane Bowen
ALD:  Jordan Sullivan, Kathy Hansen, Darlene Gregory,
Kathleen Shields

Absent: Ald. Dennis Pinkley     
Guests: Rob Taylor, Kara Funk, Nanette Barnes, Adam Kinney, James Undernehr, Mike Charlton         

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 July 10, 2012 regular meeting were accepted, as presented, by acclamation.

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

Avoca Fire & Rescue – Adam Kinney, Avoca Fire and Rescue, informed the Council on the department’s training, equipment repairs and needs and year to date fire runs.
NEBCO EMS – Rob Taylor, NEBCO fire chief, and Kara Funk, Chairman NEBCO Board, reported on NEBCO EMS’s profit and loss budget overview.  To be able to fund competitive wages and benefits and equipment replacement in the future, the service will need $82.25 per household. Holding a special election in 2013 to raise dues and whether it would be cost effective was discussed.  Cost for election would be approximately $5,000.  They also reported on the County’s study for servicing non-incorporated areas of Benton County.  Mayor O’Dell suggested a meeting be set up with the Mayors of Avoca, Garfield and Gateway and County Judge.  NEBCO EMS to work on setting up meeting. They also invited the council to participate and attend their annual Turkey Shoot & Rib Cook Off to be held on September 29.

James Undernehr, owner of property on Highway 62, and developer Mike Charlton, were present to get the Council’s opinion on a liquor store on the property, if the issue on the ballot is passed in November.

Planning/Zoning –
Zoning – Mayor O’Dell reported Larry Slingsby turned in a verbal resignation as zoning official and was accepted.  A replacement had been made, but did not work out.  Bowen to have open position posted on the website. 

Planning - Chairman Sullivan reported the committee met on July 11 at 6:30 PM.  Public hearing scheduled for September 25.  Bowen to contact planning commission members to see who would be interested in attending a training class in Eureka Springs on September 19.

Committee Reports:

  1. Clean-Up – Fall cleanup will be October 27.  Bowen has registered with the Great American Cleanup.
  2. Streets
  3. Re-decking trailer – Mayor O’Dell reported it will cost approximately $120 to re-deck the trailer with 2 X 6’s.
  4. Water flow on BC 74 – Ald. Hansen said she is dropping the well issue.

  5. 3. Street and Traffic lights – All in working order
  6. 4. Park
    1. a. Ald. Hansen reported Andy still has the drawing for the depot pavilion sign and she will touch bases with him.
    2. b. Mayor O’Dell reported he has ordered the bronze plaque memorializing the location where the moving Tomb of the Unknown Soldier was in the town park in 2009. Cost - $645.  He has poured a 2’ X 2’ base for the 36” holder of the bronze plaque.  Dedication will be Saturday, September 22.  Bowen will be in school the week of September 17, so any flyers advertising the event will have to be done prior to that.
    3. c. Avoca Disc Golf project:
    1. 1. Bowen read the proposed agreement between the Avoca Extension Homemaker Club and the Town of Avoca allowing the Town to place one of the tees on their property.  Ald. Hansen, seconded by Ald. Gregory, moved the agreement be approved.  All approved.  Motion carried.
    2. 2. One Call has been contacted to locate utilities so pads can be poured.
    3. 3. Most of the equipment has been ordered.
    4. 4. Ald. Hansen, seconded by Ald. Sullivan, moved to have Rick Austin remove the wooden fence from the lot on Old Wire and Orchard.  Mr. Austin will remove the fence for the material.  All approved.  Motion carried. 
    5. 5. Installing a 2 rail fence on the lot was agreed upon.
    6. Ald. Hansen reported she has not heard anything back from the person that wanted the information on cost of ‘Splash Park’.

5.   Town web site – up to date

Business Permits -none issued
Building permits - none issued
Unfinished Business:
     1.  Brian Mencl property – Mayor O’Dell reported Fred Kimball is not licensed through the State to tow, but is in the process of getting licensed.  Questions of where Mr. Kimball would store equipment/vehicles were discussed.  It was suggested it may be better to use a service that is not in Avoca.    
     2.  It was reported there is a sale contract on Lynn Fulton’s property at 839 Lester.  Property includes the burned trailer and the two (2) buildings that are between the trailer and Latham Cabinets.  The party that has a contract on the property has discussed having an ‘event center’.

 3. Harold Bartizal’s property is in good order. 

New Business:

  1. Draft ordinance – business permit – no action
  2. Local District Court – Ordinance No. 94, an Ordinance authorizing the execution by the Mayor, a use and expense contribution agreement for filing and prosecution of cases in the Little Flock District Court was introduced and read in its entirety.

Ald. Hansen, seconded by Ald. Sullivan, moved the first reading of Ordinance No. 94 be accepted.
Roll Call:  Ayes:  ALD:  Hansen, Sullivan, Gregory, Shields
Motion carried.

Ald. Hansen, seconded by Ald. Shields, moved Ordinance No. 94 be placed on its second reading by title only.
Roll Call:  Ayes:  ALD:  Hansen, Shields, Gregory, Sullivan
Ordinance No. 94 was read by title only.

Ald. Hansen, seconded by Ald. Sullivan, moved the second reading of Ordinance No. 94 be accepted.
Roll Call:  Ayes:  ALD:  Sullivan, Hansen, Shields, Gregory
Motion carried.

Ald. Hansen moved Ordinance No. 94 be placed on its third and final reading by title only.  Ald. Shields seconded the motion.
Roll Call:  Ayes:  ALD: Shields, Hansen, Sullivan, Gregory
Motion carried.

Ordinance No. 94 was read by title only.
Ald. Hansen, seconded by Ald. Gregory, moved the third reading be approved.
Roll Call:  Ayes:  ALD:  Gregory, Hansen, Sullivan, Shields.
Motion carried.

The agreement was read concerning use of District Court sitting at Little Flock.  Avoca will be allowed to use the district court for enforcing violations of Avoca’s Ordinances and zoning code; Avoca to provide prosecuting attorney; Little Flock to provide all other staff for the court; Little Flock shall administer the collection and disbursements of all fines and court costs; all collected fines shall be split 50% to Avoca and 50% to Little Flock.  

     3.  Livestock issues - Ald. Sullivan, seconded by Ald. Hansen, moved to delete this item from agenda.  All approved.  Motion carried.    

     4.  Ald. Sullivan, seconded by Ald. Hansen, moved to adopt the following fees for towing:  $65 hook up; additional hours at $45 per hour; $25 day for storage.  All approved.  Motion carried.

     5.  Performance evaluations on non-elected positions – tabled

     6.  It was reported there is a pack of four (4) dogs that have been hanging around the park grounds.  After discussion, it was agreed the issue needs to be studied.

     7.  Ald. Hansen believes in the past while writing grants, the Park Department Chair was attached to Alderman Position 1.  Ald. Hansen, seconded by Ald. Sullivan, moved to rescind any previous motion that would have attached Park Chair with Ald. Position

All approved.  Motion carried.  The park committee is appointed by the Mayor.

     8.   Filing period for 2012 general election ends at noon on Friday, August 17.  

     9.  Notifying residents of change of using district court and the Town’s plans on cleaning up Town was briefly discussed. 

Ald. Sullivan, seconded by Ald. Gregory, moved the meeting be adjourned at 9:50 PM. All approved.  Motion carried.

Respectfully submitted,
Diane Bowen



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