Town Meeting Minutes

November 13, 2012 - 7:00 PM

Minutes of Regular Meeting


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

Guests: Fred Kimball, Tracie Foresee, Bryan Foresee, Frankie Elliott, James Jones, Nanette Barnes, Shirley McDaniel

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.

Fred Kimball and Tracie and Bryan Foresee were present concerning the Council’s decision made in October to remove the 4-way stop at Orchard and Old Wire Roads.  Concerns included cars driving way too fast, four persons in the immediate area use wheel chairs, children walking to the park, etc. 

Minutes of October 9 were approved as presented by acclamation.

October 2012 financial report was reviewed and approved, as presented, by acclamation. 

Avoca Fire & Rescue –Avoca Fire Chief Elliott reported on the department’s training, year to date runs, equipment needs, etc.   The department requested from the Town $16,000 for their general fund and $2,000 for community building repairs for 2013.  Elliott also presented the department’s year to date income and revenue.
Moving the annual picnic to the 3rd Saturday in September was also discussed.

Planning/Zoning –

Zoning –

  1. Zoning Official Shirley McDaniel reported she and Diane Bowen drove the Town and noticed several things that are not in compliance with the zoning code.  Some items include old cars, burned out and abandoned homes, cars parked on grass, signs, etc.  McDaniel also said she likes the idea of a letter going out to all residents and businesses concerning the enforcement of the zoning code.

Planning -
1.  Ordinance No. 95, an ordinance adopting, by reference, a certain technical code entitled: “Avoca Zoning Code” was introduced and read in its entirety. 
Ald. Hansen moved the first reading of Ordinance No. 95 be approved.  Ald. Gregory seconded the motion.
        Roll Call:  Ayes:  ALD. Hansen, Gregory, Sullivan, Pinkley, Shields
        Motion Carried.
 Ald. Hansen, seconded by Ald. Shields, moved the rules be suspended and Ordinance No. 95 be placed on its second reading, by title only.
        Roll Call:  Ayes:  ALD. Hansen, Shields, Pinkley, Gregory, Sullivan
        Motion carried.
        Ordinance No. 95 was read by title only.
 Ald. Pinkley moved the second reading of Ordinance No. 95 be approved.  Ald. Hansen seconded the motion.
        Roll Call:  Ayes:  ALD. Pinkley, Hansen, Shields, Gregory, Sullivan
        Motion carried.
 Ald. Shields, seconded by Ald. Hansen, moved the rules be suspended and Ordinance No. 95 be placed on its third and final reading by title only.
Roll Call:  Ayes:  ALD. Shields, Hansen, Pinkley, Gregory, Sullivan
Motion carried.
        Ordinance No. 95 was read by title only.
 Ald. Pinkley, seconded by Ald. Shields, moved the third reading of Ordinance No. 95 be approved.
        Roll Call:  Ayes:  ALD. Pinkley, Shields, Hansen, Gregory, Sullivan
        Motion carried.

2.  Ald. Sullivan announced there would be a special planning commission meeting November 15 to review site and development plan and final plat for proposed Dollar General at 145 Highway 62.

3.  Bowen presented an amended fee schedule, which includes $175 preliminary and final plat fees for three or less lots.  Ald. Hansen, seconded by Ald. Pinkley, moved the amended fee schedule be approved.  All approved.  Motion carried.

4.  Ald. Sullivan said he feels the newly adopted zoning code is still too restrictive and would like for the committee to meet again after the first of the year. 

Committee Reports:

  1. Clean-Up - Bowen reported the fall clean-up produced 4 ton of bulk/trash, 29 tires and 350 pounds of metal.
  1. Streets
  1. James Jones, LSJ Properties, Inc. was present to discuss the initial clean-up and concrete work completed on approximately 7/10 of a mile on Woods Lodge (BC74).  Ald. Hansen stated the job looked good.   Mr. Jones presented two letters of recommendation.  He has not produced the correct liability insurance and bond paperwork.  Council agreed to watch how the concrete holds up this winter and review project in six months.
  2. Mayor O’Dell reported he contacted APAC concerning road specs for collector roads, etc. but was not able to get them.

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

  1. Ald. Hansen has the depot pavilion sign and will get it powder coated.
  2. Avoca Disc Golf project – Ald. Hansen reported the installation of the disc golf is progressing.  Two more holes to dig and signs to be ordered.
  3. 2-rail fence is complete on park west, the top rail has been replaced on the chain link fence and rails have been replaced on 2-rail fence hit by large tree.
  4. Avoca One Stop sponsored a ‘Trunk or Treat in the Park’ on Saturday, October 27th and they reported it was very successful.
  5. Ald. Hansen reported she has three quotes on benches, tables, trash cans, etc.

After full discussion, Ald. Hansen, seconded by Ald. Shields, moved to  put the stop signs back at the intersection of Old Wire and Orchard.  Also need to add ‘children playing’ signs and lower speed limit to 20 mph between Orchard and Hobbs and put in two crosswalks on Old Wire Road in front of Town Hall. All approved.  Motion carried.

5.   Town web site – up to date

Business Permits -none issued
Building permits

  1. Building permit issued to Eugene Nipp, 571 Tucks Chapel Road for a 32 X 40    garage. 

Unfinished Business:

  1. Mike Witte has removed the burned trailer from his property at 839 Lester.
  2. Bowen reported letters were sent to several businesses in Town concerning mowing and cleaning up their properties.
  3. Consulting engineer – no action taken
  4. Bowen to get contact information on the gentleman that gave the meeting for the postal service.
  1. A letter of thanks to the council was received from Jason Evans.  Mr. Evans attended October council meeting and discussed his proposed bicycle race in 2013.

New Business:

  1. Code Enforcement agreement – Council reviewed the draft agreement prepared by           Attorney Slinkard for code enforcement services with Little Flock. Council asked for a few changes.  The agreement, with changes, to be reviewed again in December.        
  2. Performance evaluations for non-elected positions – Bowen asked if a committee could be formed to get this project started.
  3. Dogs
    1. Bowen reported Little Flock does not have an animal control officer. 
    2. Bowen reported Charlotte Mahurin, Main Street, had chickens killed in a pen, inside her fenced yard, by three dogs.  Her lab was also attacked and eventually died, due to being attacked by the same three dogs.  The dogs have been described as one white and black pit bull and 2 light brown pit bulls, one bigger than the other.    
    3. Bowen to get copies of Benton County ordinances concerning dogs.
  4. Ald. Hansen and Ald. Gregory still working on Town ‘slogan’ for Town clean-up efforts.
  5. Bowen reported she talked to Mike Hartwig and informed him the Council may have an interest in his property on Rose Street across from Avoca One Stop.  He gave a selling price of $85,000.  Council offered $20,000. 
  6. Resolution 7-12, a resolution appointing attorney Howard Slinkard for 2013, was read.  Ald. Pinkley, seconded by Ald. Sullivan, moved Resolution 7-12 be approved as read.  All approved.  Motion carried.
  7. Ald. Pinkley presented copies of ordinances from Ft. Smith, Fayetteville and Springfield concerning alcoholic beverages.  Bowen to send this information to the council, along with a copy of Avoca’s ordinance on fee and taxes on private clubs.
  8. Bowen presented and reviewed with the Council a 2013 budget worksheet.  A few changes/adjustments were made. Bowen to make changes and present the 2013 Budget in December. 
  9. Christmas parade – December 8

Ald. Sullivan, seconded by Ald. Pinkley, moved the meeting be adjourned at 11:00 PM. All approved.  Motion carried.

Respectfully submitted,
Diane Bowen



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