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Association finalizing septic policy

by Lynn Atkins | March 8, 2021 at 1:55 a.m.

BELLA VISTA -- The Property Owners Association Board of Directors met via Zoom and passed the first reading on requirements concerning septic fields on common property.

The board also approved a licensing proposal and the purchase of two trucks.

Occasionally, a property owner asks the board about using common property for a leach field for septic. The board has discussed the issue in the past and this month passed a policy for future inquiries. The policy only allows established property owners who have a failure in their system to use common property. Each inquiry will be decided by the board. New construction will not be allowed to use common property for a leach field, although it may be allowed to run a line through common property to reach a second lot that will support the leach field.

The policy details an application process and fees to use the property.

Board member Jerry Hover commented that he has heard from several members who are against the idea of allowing any leach fields on common property, but the policy passed with seven in favor and two -- Hover and Sandy Fosdick -- opposed.

The vote was split the same way about a licensing agreement between the Property Owners Association and A &12th Street LLC. The company, A &12th Street LLC, has been involved with property for the trail system. This time, it asked for the license so it can improve an abandoned parking lot located between Cooper Elementary School and the Veterans Memorial.

The parking lot was originally a tennis court but more recently was used by Cooper for storage. The school is no longer using the property.

Fosdick objected to the plan, saying that the license means that the POA will never have the option of using the property, possibly to collect fees for parking.

The board approved a budget change, adding about $12,000 to a capital project to purchase two trucks for the Lakes and Parks Department. General Manager Tom Judson explained the original plan was to buy two used trucks, but they were unable to find the right vehicles. The new trucks will be base model ½ ton quad pickup trucks.

Early in the meeting, board chairman David Brandenburg read summaries of three executive sessions. According to governing documents, executive sessions are closed to the public and minutes are private, but the subject of the meetings must be reported at the next regular meeting of the board.

Two of the executive sessions were about the lease with restaurant owner Mike Hudgins of Papa Mike's. An agreement was finalized on Feb. 19, after the board voted by email. Papa Mike's lease was extended until the end of 2022.

A third executive session on Feb. 18 was held when an allegation of misconduct was filed against Brandenburg, alleging violations of the bylaws, Article II, section 4. The board voted 7 to 0 that the allegation was without merit. One board member, Hover, missed the meeting.

Lynn Atkins may be reached by email at


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