Town Meeting Minutes

January 14, 2014 - 7:00 PM

Minutes of Re-scheduled Regular Meeting

Present: Mayor Thomas O’Dell, Recorder-Treasurer Diane Bowen

Jordan Sullivan, Nanette Barnes, Darlene Gregory, Dennis Pinkley, Kathleen Eversole 


Frankie Elliott, Jason Evans, Shanely Mullikin

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.

Consent of agenda:

Jason Evans with Boston Mountain Cyclists and Shanely Mullikin were present to discuss two events they would like to have this year.  One of the events being a week night series and the other event a one day race.  The series (4) would be on Wednesdays, from March 19 – April 30.  Series would start around 4:45 PM and cyclists would be off the roads by 8:00 pm.  The one day event would be on Saturday, May 17 and would involve three races.  Start time would be 7:45 am and completed by noon; marshals provided on the corners; staging will be done out of Town limits.
Alderman Sullivan, seconded by Ald. Eversole, moved both cycling events be approved.  All approved.  Motion carried.

Consent of agenda:

Rader Road and committee appointments added to agenda.

The minutes of December 10 were approved by acclamation.

December 2013 financial report was reviewed and approved by acclamation.

Avoca Fire & Rescue

Chief Elliott presented his monthly report.  Bowen reported the fire department was budgeted $5000 for 2013.  They have received $3000 and are due $2000 for 2013.  Using the ‘Steam Whistle Depot’ property as a landing zone for air medical transportation was discussed.  Elliott to get back with the Town on what size area would be needed.

Annual chili cook-off will be February 22.


1.  Committee meeting scheduled for Wednesday, January 22 at 6:30 PM.  On the agenda will be road, sidewalk and open channel specs.

1.  Zoning Official Larry Parrish has been studying the zoning code and has approved the building permit application from Vantassel Proctor  Construction for 9100 sf retail store (DG) at 245 N. Highway 62 .

Committee Reports:

1. Clean-Up
2. Streets

    1. Ald. Sullivan and Mayor O’Dell reported he has not met with Mr. McKenzie and a representative from the County yet concerning how the system works with flood relief.
    2. Mayor to look at job on Chinook to see if completed per the agreement with contractor.  Questions relate to the amount of sod laid.
    3. Bowen reported she had contacted U of A civil engineering department before Christmas and found out they do projects.  Due to Christmas break and weather, no further correspondence and communication has been made.  TriState-Engineering out of Joplin has civil engineers.  Bowen has not contacted Mr. Gilbert with Plymouth Engineering.
    4. Ald. Sullivan discussed the need for snow/ice removal equipment, especially since the weather and the roads have been a mess this year; we have lost our verbal agreement with the County in helping with our primary roads; use of public monies may be better spent taking care of our roads than a pavilion.  Ald. Sullivan suggested the town purchase snow removal equipment or try and obtain a written agreement with the County concerning snow removal. He would rather the Town purchase a one ton truck with a blade and dump bed along with a spreader. With some investigating he thought the Town could purchase a decent used vehicle and equipment, gas or diesel, with probably 100,000 miles for $25 – 30,000.   Additional expenses would include storage buildings for sand/salt.  Ald. Sullivan, seconded by Ald. Barnes, moved Mayor O’Dell, Ald. Sullivan and Ald. Pinkley investigate prices, etc. on a vehicle and equipment.  All approved.  Motion carried.
    5. Rader Road was discussed concerning the fast driving; deep ditches and the recent head on accident.  Bowen to obtain information concerning how wide a road has to be before it can be striped.  Fog lines were discussed, which show the ditches.

3. Street and Traffic lights –

     a. No known problems.

4. Park

    1. Steam Whistle Depot property - Bowen reported Rick Austin said due to the span on   the pavilion the cost for the engineered set of plans would be $2500.  Contacting Ken Shaner was discussed; Ald. Sullivan  reported estimated cost for pavilion pad is $2440 for 900 sf and $3560 for 1600 sf; Bowen reported NW Fence will start the rail fencing in the near future, rails have been back ordered.
    2. Park committee to meet January 29 at 6:30.  Getting plans approved for chain link fence and getting an estimate needs discussed.
    3. Bike racks to be ordered.
    4. Mayor reported he was asked how often the disc golf baskets are moved to alternate course. Bowen to try and find an answer.

5. Town web site – up to date


Business Permits – Bowen reported 35 renewals have been sent to current business owners.  12 applications have been received to date.

Building permits
a. Building permit application approved for Dollar General.

Unfinished Business:

  1. Bowen reported Chief Martinez has nothing new to add to his latest report; he is working with Mr. Mencl and would like an official complaint on the refrigerator in his yard.

New Business:

    1. Ald. Sullivan moved the rules be suspended and Ordinance No. 97, an ordinance providing for the condemnation and removal of houses, buildings and/or structures existing in a dilapidated, unsightly, unsafe, unsanitary or obnoxious state, or that are detrimental to the public welfare, be placed on its second reading, by title only. Ald. Eversole seconded the motion.  All approved.  Motion carried.

      Ordinance No. 97 was read by title only.

      Ald. Eversole, seconded by Ald. Sullivan, moved the second reading of Ordinance No. 97 be approved.

      All approved.  Motion carried. 

    2. Mayor O’Dell noted he had vetoed Ordinance No. 96, an ordinance requiring licenses for the privilege of carry on a business within the Town of Avoca, and the veto would stand unless there is a successful motion to override it.  R/T Bowen asked if she could make a statement.  Mayor said there could be no discussion until a motion was made, according to the rules.  Ald. Barnes, moved the veto be discussed, but was told she could not do that, but could make a motion to override the veto.

      Ald. Barnes moved Mayor O’Dell’s veto of Ordinance No. 96 be overridden. Ald. Eversole seconded the motion. Discussion followed.  Bowen said according to statute, the Mayor must file a written statement of his reason for the veto to the recorder-treasurer prior to the next regular council meeting, and this has not been done.  When asked to take a vote, discussion followed concerning why there should be a vote, if the veto is null and void.

      Roll Call:  not taken

      Mayor O’Dell said the veto will stand until it is proven not legitimate or overridden by vote.  Bowen to contact AML attorney to get a written opinion on the legality of Mayor O’Dell’s veto.

    3. No report on leash law.
    4. Bowen asked if the Town could start a Facebook page for posting pictures, messages, better communication, etc.  No objections.
    5. Statement of Financial Interests to be turned into Bowen before the end of January.
    6. Mayor O’Dell appointed the following committees:  Park – Ald. Barnes; Street lights and Decorating – Ald. Eversole; Personnel – Ald. Pinkley; Planning -             Ald. Sullivan; Streets – Ald. Gregory
    7. 2014 Budget worksheet was reviewed.  After a few changes in the street fund for assets the budget was approved on a motion.  2014 estimated revenue available - $843,203; estimated expenses – $415,606; estimated surplus - $427,597

      Resolution 01-14, a resolution adopting the 2014 budget, was read in full.  Ald. Sullivan, seconded by Ald. Gregory, moved resolution 01-14 be approved.  All approved.  Motion carried.

      Meeting was adjourned at 9:55 on a motion by Ald. Eversole and seconded by Ald. Barnes. All approved.  Motion Carried.

Respectfully submitted,
Diane Bowen



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