Town Meeting Minutes

Dec 9 2008 through May 12, 2009

Index of Meetings records online

Minutes of Regular Meeting - December 9, 2008

7:00 PM

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

ALD: Darlene Gregory, Herb Hawkins, Kathy Hansen, Kathleen Shields, Dennis Pinkley

Guests: Jeanne Varnell, Clayton Kelley and daughters Lesha and Mishe, Frankie Elliott, Kathy Bowman, Nick Wilkerson

Minutes of Regular Meeting - January 13, 2009

7:00 PM

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

ALD: Darlene Gregory, Herb Hawkins, Kathy Hansen, Kathleen Shields, Dennis Pinkley

Guests: Larry and Pam Utter, Wayne Allen, Nick Wilkerson

Mayor O’Dell called the meeting to order at 7:00 PM, declared a quorum was present and welcomed the guests.

The minutes of December 9 regular meeting were approved by acclamation. The minutes of special meeting held December 18 were approved, as amended, on a motion by Ald. Hansen, seconded by Ald. Gregory. All approved. Motion carried.

December financial report was reviewed and approved on a motion by Ald. Hansen, seconded by Ald. Pinkley. All approved. Motion carried.

Avoca Fire & Rescue –Bowen reported on Fire Chief Frankie Elliott’s submitted report. 347 runs made in 2008; equipment has been moved into new substation located at 17307 Posy Mt. Road; substation was in service December 21st; 2009 fire dues for Avoca residents will be mailed soon; Elliott reported he has not received plans for Edwin Well’s business, Good Wood; department wants to wait until completion of Benton County Water’s upgrade (July 2009) before having 2009 ISO inspection.

Zoning – Nick Wilkerson reported the fire department is looking into a ‘train burn’ on the Smith home on Woods Lodge Road; Mr. Reddick, 310 Pearl, has contacted him about possibly building a shop; working with FAA concerning height restrictions on Mr. Wells’ buildings at 802 S. Highway 62; delay in brick work on addition at 300 Hobbs; Benton County Health Department has gotten involved with Mr. Kelley’s mobile homes on Prairie Creek Road; had run in with resident at 410 Sheppard Road concerning vehicles and talked with another resident on Sheppard Road about a ‘parking pad’ for vehicle/trailer.

Bowen reported during the last month, we have come across a new process that will be for ‘conditional use’ procedures.

Town Minutes of Regular Meeting - January 13, 2009

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Mr. and Mrs. Utter were present to discuss the lots they own on Rose Street. They own platted lots 7, 8 and 9 which total .48 acre or 780 square feet shy of ½ acre. They have a prospective buyer for the property but according to Avoca Ordinance 76 the minimum area for a residential lot is ½ acre. After full discussion, Ald. Pinkley moved the Town allow a residence to be built on platted plots 7, 8, and 9 of the Hayes addition on Rose Street, provided all setbacks can be met, and all other aspects of the zoning ordinance followed. Ald. Shields seconded the motion. All approved. Motion carried.

Wayne Allen, Benton County Water, was present to discuss an easement the water district needs for their water line improvements project. They would like to run a line on the west side of the town’s property by Hobb’s Estates then follow the existing 15 foot easement on the west side of Old Wire Road to the Tucks Chapel railroad crossing. Mr. Allen stated a new hydrant (2) will be installed on park west and on Prairie Creek Road by the fire department. Council noted they would like the proposed line that would be run on the west side of town’s property to be on the ‘high side’ of the ditch/drainage line.

After full discussion, Ald. Hansen moved the Town allow the 20 feet easement, as discussed, in exchange for Benton County Water District installing a culvert under Old Wire Road to drain water from the west side of Old Wire Road into the ditch/drainage line. Town to furnish culvert. Ald. Shields seconded the motion. All approved. Motion carried.

Mayor O’Dell and Wayne Allen to meet and look at the job before the easement is drawn up.

Committee Reports:

1. Clean Up – Spring

2. Streets

1. Mayor O’Dell reported he has started working on writing up the specs for resurfacing of Rader Road.

2. Mayor reported he has looked at the asphalt ‘cave in’ on Smith Ridge Road. Specs will also be written up for this repair.

3. Mayor reported the town will repair our ditch line on Rose Street when Ronnie Smith fixes his culvert in front of Sunny & Hair. Mayor stated the ditches are the town’s responsibility, but it is the property owner’s responsibility to maintain the culverts. It was suggested to clarify/elaborate on culverts in Ordinance No. 76.

3. Mapping/addressing – Bowen to contact Congressman John Boozman.

4. Street and traffic lights – Ald. Shields to make contact to have street light in park repaired. It was reported there was a few days the traffic signal was not working properly, but Frankie Guyll is on top of it.

Minutes of Regular Meeting - January 13, 2009

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5. Park

a. 911 address for ‘depot’ pavilion is 223 North Old Wire Road.

b. Leaves around the sandbox to be removed; lattice on fence by small play area needs repaired.

c. Mayor O’Dell reported he is soliciting donations for the veteran’s memorial.

d. Sign for the ‘depot’ was discussed.

e. Ald. Hansen reported there will not be a stagecoach run in 2009.

6. Town web site/internet service – no report

7. Banners have been changed out.

Permits:

Business Permits

1. Business permit has been issued to Good Wood located at 802 S. Hwy 62.

2. Eight business permit renewals were issued to Latham Cabinets, Inc., Freedom Fire Pro LLC, Austin Welding Service, Inc., Benton County Water District #1 PWA, Hawkins P.C. & I. Inc., The Blue Dolphin Flea Market, Fulton Waste and Sustainability Services and Trotter’s Tree Service.

Building Permits

1. Edgar Granados – 300 Hobbs – 14 X 14 addition
2. Edwin Wells – 802 S. Hwy 62

Unfinished Business:

1. Municipal court and police department – no report

2. Billboards –

a. Mayor O’Dell had his deposition.

b. Lights are back on the billboard. Ald. Gregory asked if a petition from the residents concerning the billboards would help the issue. No action taken.

c. Bowen reported the Town received another FOI request from Attorney Ed Daniel IV on December 23. Requests were to inspect and copy business application(s) and permit(s) issued to Wingate Outdoor Advertising and Clear Channel for their billboards and all other business permits issued under Ordinance 69 and/or 43 since 1984 for businesses that have no employees within the Town of Avoca.

Bowen responded to FOI request on December 24.

3. Properties with unsightly conditions:

a. Bowen reported Dave Corley, State Police, made contact with Mr. Rodriguez, Shalom Auto Repair and Body Work, on December 31st. Mr. Corley reported he witnessed work orders on the majority of vehicles, his big customer is a car dealer and he does not believe Mr. Rodriguez is selling vehicles. Mr. Corley also reported he suggested to Mr. Rodriguez that he answer/reply to the Town’s letter requesting a listing of all vehicles on his property and whether they are registered and/or bear current license permits.

Minutes of Regular Meeting - January 13, 2009

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To date the town has not received a response. Due to the language barrier, Bowen suggested the possibility of talking with Mr. Rodriguez and see if the Town can contact the car dealer he is working with, to let them know the business is not a storage facility.

b. Mayor O’Dell talked with Kathy McIver concerning the vehicles on her property at 420 Sheppard Road and thought she would be in attendance. Bowen to write the McIver’s a letter concerning the vehicles.

c. Bowen reported a registered letter was sent to Pruitt residence at 229 Russell Road concerning the unsightly and unsanitary conditions. To date the letter has not been signed for.

4. Mayor O’Dell reported on the two (2) vacant trailers on Rader Road. The old trailer is no longer visible from Highway 62 and the second trailer that Mr. Galindo would like to find a home for may have a window or two missing. Council agreed the second trailer can stay on the property, as long as it is safe, until April 15 and the remnants, metal, etc. of the trailer that has been torn down needs to be removed from the property this summer.

New Business:

1. Bowen reported Senator Cecile Bledsoe has advised the town there is a possibility the streamlined sales tax may be postponed until it becomes a federal law. It was discussed the intent of the state was to pick up lost internet sales.

2. Ald. Gregory to re-contact her ‘dryvit’ contact and Ald. Hansen to also supply Bowen with another dryvit specialist.

3. Bowen reported the Town cannot put the community building under our insurance with Arkansas Municipal League.

4. Mayor O’Dell swore aldermen into office on Thursday, January 8th.

5. Statement of financial interests to be filed with Bowen by January 31st.

6. Storage/counter space in recorder/treasurer office is needed. A bid from Latham Cabinet was submitted for a 96" desk credenza, 84" tall with finished ends and finished wood top; 2 adjustable roll out shelves; oak; stain and finished - $3227.00

Ald. Shields, seconded by Ald. Pinkley, moved we obtain a bid from Moser Corp, and let Mayor O’Dell use his discretion. All approved. Motion carried.

7. Mayor O’Dell reported VAS has a new board and he will be attending their meeting in the near future.

8. Mayor O’Dell reported he had received a complaint concerning the water run off on Mr. Well’s property. Mayor believes he is in compliance with AEDQ.

Ald. Hawkins moved the meeting be adjourned at 10:10 PM. Ald. Shields seconded the motion. All approved. Motion carried.

 

Minutes of Regular Meeting - February 10, 2009

7:30 PM

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

ALD: Darlene Gregory, Herb Hawkins, Kathy Hansen

Absent: ALD: Kathleen Shields, Dennis Pinkley

Guests: Jeanne Varnell, Nick Wilkerson

Mayor O’Dell called the meeting to order at 7:35 PM, declared a quorum was present and welcomed the guests.

The minutes of January 13 regular meeting were approved by acclamation.

January financial report was reviewed and approved by acclamation.

Avoca Fire & Rescue –Bowen reported on Fire Chief Frankie Elliott’s submitted report. New sub-station - getting bids for septic system; working with Town and BC Fire Marshall to make sure Mr. Well’s business/project meets Ar. Fire Codes; 2009 fire dues mailed to Avoca residents; working on getting required paperwork done for 2009 ISO inspection; maintenance done on trucks, equipment and stations; spaghetti dinner ‘fund raiser’ a success; several calls during ice storm for downed trees and power lines; both stations ran generators, as needed, during the storm, due to loss of power; board meetings have been changed to the second Wednesday of each month.

Zoning – Nick Wilkerson reported he is still working with the FAA concerning height restrictions; project at 300 Hobbs complete, except for construction trash to be picked up; Mr. Clayton Kelley has sold his trailer and it should be gone from his property in 7 – 10 days; a verbal was given to owner of property at 420 Rose concerning their abandoned travel trailer. Nick also mentioned Ms. Higgins, BC environmental office, has also been to the Clayton Kelley property. Nick to look into getting ‘dog spray’, due to his run in with dogs.

Committee Reports:

1. Clean Up – Saturday, May 9th
2. Streets
1. Advertisement for bids will be put out for re-surfacing Rader Road and repairing section of Smith Ridge Turn Off.

Town Minutes of Regular Meeting - February 10, 2009

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2. Bowen to send letter to Ronnie Smith, Sunny & Hair, concerning the culvert and drainage on Rose Street.
3. Ditch line on BC 74 needs to be cleaned of storm debris.
4. Town to purchase new push mower and weed eater, per Harley’s request.
5. Tractor to be serviced before mowing season.
6. Jerry Trotter was hired to remove a tree from the right of way on Tucks Chapel Road during the storm - $350. Trotter was also low bidder to remove several trees on BC 74 @ $400.

3. Mapping/addressing – Bowen contacted Congressman John Boozman, received an authorization form from him to fill out, and has returned the form. No further information received. Bethel Heights in another town with similar situation.

4. Street and traffic lights – all in working order

5. Park

a. There will be an organizational meeting at Town Hall on February 14 for ‘pickers’. Hope is to have ‘pickin’ in the park once the weather turns good.

b. Mayor O’Dell reported he is soliciting donations for the veteran’s memorial.

c. Mayor O’Dell reported he has been talking with James Bailey, Ghost Rider’s Association, on having the town host the moving Tomb of the Unknown Soldier September 17 – 19. Having a POW/MIA ceremony during the same time may be done also.

6. Town web site/internet service – no report

7. Bowen to make contact with Becky Hedden to set up vendor’s meeting for the Farmers Bazaar.

8. Mayor O’Dell to work with Ald. Hawkins to get poles set for large banner to cross Old Wire Road.

Permits:

Business Permits

1. Seven (7) business permit renewals were issued to Sunny & Hair Tanning & Hair Salon; Williams Tree & Lawn Service, Inc.; Street Customs; Akins Motorsports; Chrysalis Studio; Yulianita’s Mexican Restaurant and Avoca Auto Sales, Inc.

Building Permits – none issued

Unfinished Business:

1. Municipal court and police department – no report

2. Billboards – Bowen reported, per Andrew, he attended a scheduling hearing on January 20th; Mr. Ed Daniel has suggested instead of a trial, to submit case to court on briefs; and per attorney’s research Avoca can regulate. A pre-trial hearing is scheduled for July 14 @ 1:30 pm. This hearing will be to sort any evidence issues prior to trial, if

Minutes of Regular Meeting

February 10, 2009

Page 3

we choose to go that way instead of submitting the matter on briefs. Trial date is set for Thursday, July 23 at 8 am. Trial is scheduled to last one day.

3. Properties with unsightly conditions:

a. Shalom Auto Repair & Body Work – Deadline on business permit renewal is due March 1. Council decided to wait until after March 1 to take further action.

b. McIver property at 410 Sheppard Road – Bowen reported she sent a registered letter to Mr. and Mrs. Daniel McIver and they received on January 26. Letter asked that "all cars, vans, trailers, recreational vehicles, boats, etc. that are inoperative or junk and not registered and bearing a current license permit be restored to functional use, disposed of in a manned not prohibited by Ark. Code Ann. Section 8-6-401 – 8-6-417, or placed in an enclosed building, within thirty (30) days of receipt of this notice."

c. Bowen reported the registered letter sent to Pruitt residence at 229 Russell Road has been returned ‘unclaimed’. Bowen to have letter served.

New Business:

1. Streamlined sales tax – no update

2. Two bids were submitted for the stucco repairs needed done on town hall.

a. Wortman Smart Plastering, LLC submitted a bid in the amount of $3,368 to apply base coat over panels with cracks, imbed fiberglass mesh in base coat, apply finish coat, to match color and texture as close as possible.

b. Sergio Moreno submitted bid in the amount of $5,500 to power wash building, repair cracks with fiberglass, and paint all stucco, with color of choice.

Mayor O’Dell mentioned using epoxy with the paint. After full discussion, it was decided to contact Ken Shaner for his suggestions.

3. Bid submitted from Moser Corp. for credenza and stack on was $1764. It was mentioned the bids are not really comparable, due to workmanship.

7. Mayor O’Dell reported he had attended VAS board meeting. They are trying to change from ‘basic life support’ to ‘advanced life support’. He will be attending another meeting in the near future.

Ald. Hansen moved the meeting be adjourned at 9:05 PM. Ald. Gregory seconded the motion. All approved. Motion carried.

Respectfully submitted,

Diane Bowen

Recorder- Treasurer

Minutes of Regular Meeting

February 10, 2009

Page 4

Approved_______________________________

Mayor Thomas O’Dell

Attest___________________________________

Recorder-Treasurer Diane Bowen

Minutes of Regular Meeting - March 10, 2009

7:00 PM

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

ALD: Darlene Gregory, Herb Hawkins, Kathy Hansen, Kathleen Shields, Dennis Pinkley

Guests: Billy Reddick, Shirley Smith

Mayor O’Dell called the meeting to order at 7:00 PM, declared a quorum was present and welcomed the guests.

The minutes of February 10 regular meeting were approved by acclamation.

February financial report was reviewed and approved as presented on a motion by Ald. Hansen, seconded by Ald. Hawkins. All approved. Motion carried.

Bowen reported the 2008 financial statement was published 2/24/09.

Avoca Fire & Rescue –Bowen reported on Fire Chief Frankie Elliott’s submitted report. New sub-station - base radio installed; SB331 is out that will allow fire dept to collect dues on property tax – if passed, will require vote of the people in Avoca; have fire pump and fire hydrant display on wheels for ISO points and training; building pumper service flow tester for yearly test of fire trucks; equipment on order for needed ISO points; new requirement (ansi-107/207, class 2) for safety vests when working on highways and roads – 30 ordered; spaghetti dinner ‘fund raiser’ netted $1095; researching grants for a generator to run the main station in Avoca. If the department had an alternate power source, it could be used as an emergency shelter for the community, if needed. Applying for grants through federal government for a rescue/service truck; some of Avoca personnel are helping man an ambulance for VAS; need to start planning June BBQ. .

Zoning –

1. Town received a letter from Laurie Frost concerning her property at 420 E. Rose. She will be back in the area the end of March/first of April to assess and correct conditions. It was also noted the property has been brush hogged.
2. Public hearing held on Billy Reddick’s request to rezone his property (5.41 acres) at 310 Pearl Ave from R1 to R2. Mr. Reddick showed proof of publication for hearing notice; supplied signed statements from ten (10) property owners within 200 feet of his property, that they were notified of the proposed change and the

Town Minutes of Regular Meeting - March 10, 2009

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time, date and place of the public hearing; supplied drawing of his property with house and outbuildings.

After full discussion, Ald. Hawkins moved the request to change Mr. Reddick’s property from R1 to R2 be granted. Ald. Shields seconded the motion. All approved. Motion carried.

Committee Reports:

1. Clean Up – Saturday, May 9th
2. Streets
1. Mayor O’Dell reported the drainage in front of Sunny & Hair has been repaired. The culvert pipe has been laid and covered. A clean out has also been installed. Cost for digging and pipe - $2000. Mayor O’Dell to call and talk with Gary Hartwig, Avoca One Stop, concerning the possibility of a drainage being blocked when they poured concrete for their parking lot.
2. Benton County cut trees down after the ice storm on BC 74. Mayor O’Dell to have Trotter’s Tree Service crew and Harley clean up the debris.
3. The following bids were submitted for road work needed on Rader Road and Smith Ridge Turn Off:

1. Decco Contractors-Paving, Inc. - $113,361
2. Tomlinson Asphalt Co., Inc. - $81,340
3. Arco Excavation & Paving, Inc. - $93,056.80
4. Hutchens Construction - $92,870.01
5. McClinton Anchor Companies - $98,290

After full discussion, Ald. Hawkins, seconded by Ald. Pinkley, moved the job be awarded to Tomlinson Asphalt. All approved. Motion carried.

3. Mapping/addressing – Bowen to follow up with Congressman John Boozman, concerning Avoca addressing.

4. Street and traffic lights – Ald. Shields to check street light at BC 74 and Rose Street.

5. Park

a. Mayor O’Dell reported there may be ‘Pickin’ in the Park.

b. Mayor O’Dell reported he has signed a contract with National Ghost Rider Association to have ‘traveling tomb of the Unknown Soldier’ on Town grounds for public display September 17 – 19. $1500 donation was made from the Town to assist in transportation, set up and display for the event. The display is ¾ size and will be the first time seen in Arkansas. The Ghost Riders Association will donate 15% over costs to the ‘Veterans Memorial’ Mayor O’Dell would like to have in front of Town Hall.

The VFW may also have their POW/MIA display at the same time.

c. Mayor O’Dell to work with Ald. Hawkins to get poles set for large banner

to cross Old Wire Road.

6. Town web site/internet service – Ald. Hawkins submitted bill for domain.

Minutes of Regular Meeting - March 10, 2009

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7. Farmer’s Market - Bowen reported vendors meeting will be held Thursday, March 19th, 7 PM at Town Hall. Bowen to advise vendors the park grounds will not be available Saturday, September 19th.

Permits:

Business Permits

1. Seven (7) business permit renewals were issued to K & K Auto Sales, Kimball Automotive, APAC-Arkansas, Inc. McClinton Anchor Division, Beaver Storage, LLC, Uncle Sam’s Fireworks, Warpspeed Performance and GMI Glazing Specialties, Inc.
2. Business permit was issued to Glenn and Mille Watson for Smokies. Mobile food concession located at 136 Hwy. 62 North.
3. Business permit was issued to Wingate Outdoor Adv., Inc. for outdoor advertising located on Hwy 62, north of Lester Lane. Arkansas Highway Permit # - A92556.
4. Business permit was issued to Clear Channel Outdoor for outdoor advertising located just south of U. S. Post Office on Hwy 62. Arkansas Highway Permit # - A9595.
5. Bowen presented business permit application for Ramon Guzman, Tri-Star Automotive & Tire located at 248 N. Highway 62. Mr. Guzman would like to add auto body and paint to his existing permit for small engine repair. Bowen reported she had contacted ADEQ to see if Mr. Guzman is required to obtain any permits from the state, which he does not, due to size of property. $25 fee paid with new application and sales tax permit on file. Ald. Hansen, seconded by Ald. Hawkins, moved to approve the permit. All approved. Motion carried.

Building Permits – none issued

Unfinished Business:

1. Municipal court and police department – no report

2. Billboards – Mayor O’Dell reported the case will be submitted to the Judge on briefs and will not go to trial. Alderman Gregory and Recorder-Treasurer Bowen to be deposed sometime in April.

3. Properties with unsightly conditions:

a. Shalom Auto Repair & Body Work – Bowen reported Horacio Rodriquiz has submitted his 2009 business permit renewal application. Due to number of vehicles and unsightliness of property, Bowen did not approve and brought before Council. Mr. Rodriquiz has agreed to meet with Council members at his business to review vehicles and conditions.

b. McIver property at 410 Sheppard Road – Bowen reported Kathy McIver called the office and reported all vehicles on her property are tagged.

c. Bowen reported registered letter was served to Pruitt residence at 229 Russell Road, concerning unsightly conditions. It was agreed, effort has been made by property owners to bring their property in compliance with Ordinance No. 80.

Minutes of Regular Meeting - March 10, 2009

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New Business:

1. Streamlined sales tax – no update

2. Bowen contacted Ken Shaner concerning the cracks on the outside of Town Hall and what he knew about painting with epoxy. His recommendation was to contact Don Hall, painter. Mr. Hall looked at the building, researched ‘epoxy’ and met with Mayor O’Dell and rep from Sherwin Williams and submitted proposal of $3573 to paint blocks, stucco, repair cracks, silicone all windows, repaint doors/trim, power wash and treat for algae and scrape and prime wood ceiling and paint entrance. Ald. Hawkins, seconded by Ald. Gregory, moved to accept proposal from Don Hall. All approved. Motion carried.

3. Latham Cabinets lowered their bid for credenza and cabinets. Cost - $2316 - completed and installed.

4. Ald. Gregory and Bowen to work on new 2009-2010 Avoca Civic Guides.

5. Bowen reported she will be taking off Thursday, March 12 and Monday, March 16. Bowen will be off for two (2) weeks in June.

6. No update on VAS.

7. Federal flood insurance program – After full discussion, Ald. Hansen moved the Town proceed with application, once Mayor O’Dell is satisfied with information concerning financial and/or federal penalties. Ald. Pinkley seconded the motion. All approved. Motion carried.

Bowen to contact Jeff Hawkins, NWA Regional Planning Commission.

8. Ald. Hansen, seconded by Ald. Hawkins, moved the Council proceed with changing from Ordinance No. 76, with zoning official and board of adjustment to Planning Commission, under Ordinance No. 74. All approved. Motion carried. Bowen to contact Jeff Hawkins, NWA Regional Planning Commission.

9. Annual community picnic will be held, Saturday, June 20th.

10. Dominic Smith will be working for the Town during spring break.

11. Shirley Smith was present and reported she had found old paperwork from Concerned Citizen Group, non-profit organization, formed several years ago. Ms. Smith to contact Trella Scates, concerning organization, checking account, etc.

Ald. Hansen moved the meeting be adjourned at 9:50 PM. Ald. Gregory seconded the motion. All approved. Motion carried.

Mayor O’Dell called an executive session.

Present: Mayor O’Dell, ALD: Hansen, Gregory, Shields, Hawkins, Pinkley

Session was called to review job performance of Nichlous Wilkerson, Zoning Official.

After full discussion, it was the unanimous decision of the Council the skills of Nichlous Wilkerson do not meet the standards for position of zoning official.

Minutes of Regular Meeting - March 10, 2009

Page 5

Meeting adjourned 10 pm on a motion by Ald. Hansen, seconded by Ald. Shields. All approved. Motion carried.

Respectfully submitted,

Diane Bowen

Recorder- Treasurer

Approved_______________________________

Mayor Thomas O’Dell

Attest___________________________________

Recorder-Treasurer Diane Bowen

Minutes of Regular Meeting - April 14, 2009

7:00 PM

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

ALD: Darlene Gregory, Herb Hawkins, Kathy Hansen, Dennis Pinkley

Absent: Ald. Kathleen Shields

Guests: Jeanne Varnell

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

The minutes of March 10 regular meeting were approved as corrected on a motion by Ald. Hawkins, seconded by Ald. Hansen. All approved. Motion carried.

March financial report was reviewed and approved on a motion by Ald. Hansen, seconded by Ald. Gregory. All approved. Motion carried.

Avoca Fire & Rescue –Bowen reported on Fire Chief Elliott’s submitted report. Training burn was done the night of 4/11/09 @ 569 Woods Lodge Road. Annual meeting will be held May 1 @ 7:00 pm. 130 runs to date.

Zoning –

Laurie Frost, 420 E. Rose, was in town and has corrected some of the conditions on her property. It was noted the underpinning on the trailer has been taken off and it looks as if they are getting ready to move it.

Ordinance No 82, an ordinance rezoning certain property belonging to Billy and Virginia Reddick from R1 to R2 was introduced and read in its entirety. Ald. Hawkins, seconded by Ald. Hansen, moved the first reading of Ordinance No. 82 be accepted. All approved. Motion carried. Ald. Hansen moved the rules be suspended and Ordinance No. 82 be placed on its second reading by title only. Ald. Gregory seconded the motion. All approved. Motion carried. Title of Ordinance No. 82 was read. Ald. Gregory, seconded by Ald. Hansen moved the second reading be approved. All approved. Motion carried.

Letter to be send to resident @ 260 Hobbs Road concerning their fence. Problem to be rectified within 15 days.

Mayor O’Dell reported he will appoint members of the planning commission at a later date.

Town Minutes of Regular Meeting - April 14, 2009

Page 2

Committee Reports:

Clean Up – Saturday, May 9th. Bowen reported the County will supply a trailer again for tire collection. Fire department will not be collecting metal this year. $50 cash drawing to be given away @ 11 am. Must be present or still working to win. Bowen to contact local 4-H group, newpaper and BCWD#1, to see if they can add to water bill.

Streets

a. Tomlinson Asphalt Co. has completed the Rader Road resurfacing and patching of Smith Ridge Turn-Off.

b. Mayor O’Dell reported he would like to have debris cleaned up on BC 74 before clean up on May 9.

3. Mapping/addressing – Bowen reported she had heard from both Congressman John Boozman and US Postal Service concerning Avoca addressing. Again the postal service would like to use Avoca in our addresses, but with Rogers’s zip code. If Council approves this possibility the Postal Service will survey all customers who would be affected by the proposed change. A simple majority of the survey respondents is adequate for approval.

Ald. Pinkley moved the Town notify US Postal Service that the Council approves using Avoca, AR 72756 as address for those in Avoca that have street delivery. Ald. Hawkins seconded the motion.

Roll Call: Ayes: ALD: Pinkley, Hawkins, Hansen

Abstain: Ald. Gregory

Motion carried.

Bowen to notify US Postal Service of Council’s decision and send them a list of all addresses in Avoca.

4. Street and traffic lights – no known issues

5. Park

a. New mower, trimmer purchased.

b. 2009 Apple Shed recipient was discussed.

c. Ald. Hansen to order soccer nets and lay out where she wants goals placed.

6. Town web site/internet service – no issues

7. Farmer’s Market - Bowen reported there are twelve (12) vendors. Market started April 11th on Highway 62 and will move to ‘depot’ pavilion Saturday, May 16.

It was suggested by Becky Hedden the Town sponsor a town yard sale on a Saturday to be held across from the pavilion at Town Hall to help draw traffic. No action taken.

8. Banners – Bowen to have utility locates done prior to May 9th, where a banner post may be installed.

Minutes of Regular Meeting - April 14, 2009

Page 3

Permits:

Business Permits

Four (4) business permit renewals were issued to Avoca One Stop, Inc., McClelland & Sons, Inc., S & K Dirtworks, LLC and Fulton Properties, Ltd.

New permits were issued to Derick Akins for Street Customs and Akins Motorsports. He has moved to 487 Highway 62 and will be working both businesses out of this location.

S & R Auto Sales were sent a letter, March 19, advising them to cease all business activity at 248 Highway 62 until a copy of their current dealer’s license from the State Police is submitted. Copy of letter was emailed to State Police and Dave Corley, State Police, confirmed receipt.

Bowen reported a letter was sent to Superior Dock, Co. on March 25 requesting their property at 145 South Highway 62 be brought into compliance with Ordinance No. 80 before their 2009 business permit is renewed. Styrofoam must be removed and copies of receipt for disposal of the Styrofoam from the landfill or transfer station must be submitted to Town. As of Friday, April 10 they had one load of Styrofoam yet to go out.

Shalom Auto Repair & Body Work –Horacio Rodriquez works in the evening at his business located at 105 E. Rose. Bowen and Ald. Hawkins to still meet with Mr. Rodriquez concerning the number of vehicles and unsightliness of property, before his business permit is renewed.

Building Permits – none issued

Unfinished Business:

1. Municipal court and police department – no report

2. Billboards – Alderman Gregory and Recorder-Treasurer Bowen to be deposed on Wednesday, May 6th.

3. Mr. Octavio Galindo was given until April 15, by the Council, to remove the vacant trailer on his property on Rader Road. Bowen talked to Mr. Galindo on April 13 and he said the ground has been too wet to move trailer, but he does has someone in Pea Ridge interested in the home. Mr. Galindo to call Bowen on Saturday, April 18, concerning status.

New Business:

Streamlined sales tax – no update

Don Hall should start painting and maintenance on Town Hall around April 27.

3. No update on VAS.

4. Ald. Gregory and Bowen to work on new 2009-2010 Avoca Civic Guides.

Minutes of Regular Meeting - April 14, 2009

Page 4

6. Federal flood insurance program –

a. Resolution 01-09 was introduced. The resolution assures the Federal Emergency Management Agency the Town Council of Avoca will enact as necessary, and maintain in force, in those areas having flood hazards, adequate land use and control measures with effective enforcement provisions consistent with the criteria set forth in Section 60 of the National Flood Insurance Program Regulations. Ald. Hansen, seconded by Ald. Gregory, moved Resolution 1-09 be accepted.

Roll Call: Ayes: ALD: Hansen, Gregory, Pinkley

Nay: Ald. Hawkins

Motion carried.

b. Ordinance No. 83, an ordinance providing for the establishment of a flood damage prevention program for the Town of Avoca, was introduced. Ordinance No. 83 was read in its entirety. Ald. Hansen, seconded by Ald. Pinkley, moved the first reading of Ordinance No. 83 be accepted.

Roll Call: Ayes: ALD: Hansen, Pinkley, Gregory

Nay: Ald. Hawkins

Motion carried.

c. Recorder-Treasurer Bowen attended the 2009 floodplain accreditation workshop presented by Arkansas Natural Resources Commission on March 31 and received the required eight (8) hours of continuing education units.

7. Concerned Citizen Group – It is believed Shirley Smith has contacted Trella Scates concerning the non-profit organization, formed several years ago.

8. Public hearing and special meeting set for Tuesday, April 28th at 7:00 PM. Public hearing on intent of Council to adopt by reference a technical code entitled "Town of Avoca Flood Damage Prevention Code". Items on agenda to include resolution confirming Mayor O’Dell’s appointment of members to the Avoca Planning Commission, 3rd and final reading of Ordinance No. 82, an ordinance rezoning Reddick property from R1 to R2, and consideration of second reading of Ordinance No. 83, an ordinance providing for the establishment of a flood damage prevention program for the Town of Avoca.

9. Due to all the upcoming events in Avoca through the end of the year the need for a better portable sign or signage was discussed. Bowen was asked to gather information on electronic message centers.

10. Ald. Hansen requested ‘4 wheelers on Rader Road’ be added to agenda, per a residents request. Resident did not show for meeting and topic was not discussed.

Minutes of Regular Meeting - April 14, 2009

Page 5

Ald. Pinkley moved the meeting be adjourned at 10:00 PM. Ald. Gregory seconded the motion. All approved. Motion carried.

Respectfully submitted,

Diane Bowen

Recorder- Treasurer

Approved_______________________________

Mayor Thomas O’Dell

Attest___________________________________

Recorder-Treasurer Diane Bowen

Minutes of Public Hearing and Special Meeting - April 28, 2009

7:00 PM

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

ALD: Darlene Gregory, Herb Hawkins, Dennis Pinkley, Kathleen Shields, Kathy Hansen

Guests: Roy and Trella Scates, Lynn Daves, Jerry Trotter, Wayne Casey,

Loretta Hawkins, Jeff Hawkins, NWA Regional Planning Comm.

Mayor O’Dell called the meeting to order at 7:10 PM and declared a quorum was present.

Public hearing was held to inform the residents of the intent of the Town Council to adopt by reference a technical code entitled "Town of Avoca Flood Damage Prevention Code" and to gather input.

Notice of hearing was published and also posted in Avoca.

Jeff Hawkins was present to help explain the program and answer questions. Topics discussed included subsidized flood insurance, compliance of program, manpower, benefits, and other forms of FEMA disaster assistance. If Avoca adopts the program it would only apply to incorporated or annexed areas. No application fees.

After question and answer session, the majority of guests in attendance were in favor of program.

Council went into special meeting.

Mayor O’Dell appointed Ronnie Smith, Loretta Hawkins, Jordan Sullivan, Lynn Daves and Trella Scates to the Avoca Planning Commission, serving various terms.

Resolution 2-09, a resolution confirming the appointment of members to the Avoca Planning Commission, was introduced and read.

Ald. Hansen moved Resolution 2-09 be approved. Ald. Pinkley seconded the motion. All approved. Motion carried.

Resolution to be posted.

Once the planning commission meets they will set the planning area. Avoca does not zone the planning area, but can regulate sub-divisions, infrastructure, etc.

Minutes of Public Hearing and Special Meeting - April 28, 2009

7:00 PM

Ald. Hansen, seconded by Ald. Pinkley moved Ordinance No. 82, an ordinance re-zoning certain property belonging to Billy and Virginia Reddick from R1 to R2, be placed on its third and final reading by title only. Ordinance No. 82 was read by title only. Ald. Hawkins, seconded by Ald. Shields, moved the third and final reading be accepted. All approved. Motion carried.

Ordinance No. 82 to be posted.

Ald. Hansen moved Ordinance No. 83, an ordinance providing for the establishment of flood damage prevention program for the Town of Avoca, be placed on its second reading. Ald. Shields seconded the motion. All approved. Motion carried. Ordinance No. 83 was read by title only. Ald. Hansen, seconded by Ald. Pinkley, moved the second reading of Ordinance No. 83 be accepted.

Roll Call: Ayes: ALD: Hansen, Pinkley, Shields, Gregory

Nay: Ald. Hawkins

Motion carried.

Ald. Pinkley, seconded by Ald. Shields, moved the meeting be adjourned. All approved. Motion carried.

Respectfully submitted,

Diane Bowen

Approved_____________________

Mayor Thomas O’Dell

Attest_______________________

Recorder-Treasurer Diane Bowen

Minutes of Regular Meeting - May 12, 2009

7:00 PM

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

ALD: Darlene Gregory, Herb Hawkins, Kathy Hansen, Dennis Pinkley, Kathleen Shields

Guests: Jeanne Varnell, Shirley Smith, Larry Slingsby, Robbie Smith

Mayor O’Dell called the meeting to order at 7:00 PM and declared a quorum was present.

The minutes of April14 regular meeting were approved as corrected on a motion by Ald. Hansen, seconded by Ald. Hawkins. All approved. Motion carried.

Minutes of April 28 special meeting were approved as written by acclamation.

April financial report was reviewed and approved by acclamation.

Avoca Fire & Rescue –Bowen reported on Fire Chief Elliott’s submitted report. Maintenance done on Station No. 1. 161 runs to date.

Zoning –

1. Laurie Frost, 420 E. Rose – trailer has been moved off property; a truck with front end caved in has been towed to property; town has received complaint of ‘dump site’ on back end of property, bordering Oak Street. Mayor O’Dell reported he investigated the ‘dump site’, but foliage is out and he could not see anything.

b. Certified letter was sent to resident @ 260 Hobbs Road concerning their fence. Property owner in process of taking down fence. Owner was given until May 15th to correct.

c. Zoning official has not been appointed by Mayor to date.

d. Date for first planning commission meeting to be set.

e. Jeanne Varnell, member of board of adjustment, asked about the criteria for the members of the planning commission, what the relationship is between the planning commission and board of adjustment and suggestions for agenda for board of adjustment meeting.

Committee Reports:

1. Spring Clean up was held May 9. Best attendance ever. Great job done by all.

Town Minutes of Regular Meeting - May 12, 2009

Page 2

2. Streets -

a. Benton County 74 ditch line – some debris has been cleaned up from ice storm, but still lots to do on both side of BC 74.

b. Town received one complaint concerning a culvert on Rader Road, but Tomlinson Asphalt corrected problem.

c. Robbie Smith was in attendance to address the water issues he is having due to the ditch line work the Town did on Benton County 74 (Woods Lodge Road). Mr. Smith lives on the north side of Woods Lodge Road at the bottom of the hill and his shop has been flooded several times. Mr. Smith stated he has two (2) culverts and due to the increased flow of water, they are not big enough and clog with rocks, leaves, branches, and other debris. He also thinks there needs to be a ditch between the 2 culverts. Ald. Hawkins moved the Town revisit that stretch of road and appropriate the funds to resolve the culverts and ditch in front of Mr. Smith’s property. Ald. Gregory seconded the motion. All approved. Motion carried.

Mayor O’Dell suggested ‘baffles’ in the ditch line to slow the water down and he is to contact an engineer with McClinton Anchor.

3. Mapping/addressing – Bowen reported she has notified US Postal Service of Council’s decision to use Avoca, Ar. 72756 as delivery address and has sent them a list of all addresses in Avoca. Bowen sent a newsletter to Town residents and included a section explaining the Council’s action and that they should receive a letter from Postal Service to cast their vote.

4. Street and traffic lights – no known issues

5. Park -

a. Isaac Daves has been rained out and will be starting ‘scout’ project in the near future.

b. Soccer and volleyball nets have been ordered.

c. Ald. Hansen reported a 30’ X 60’ area will need to be excavated for the sand volleyball. Sand should be 12" deep. Hansen estimated we will need 67 cubic yards of sand @ $500/16 cubic yards. Using railroad ties as buried border was discussed. Ald. Hansen to talk to Ronnie Smith to see if volleyball court can go over septic system area.

d. Ald. Hansen reported Cherokee Trail of Tears will be celebrating their anniversary by a 1500 mile bike ride. Avoca should be getting a ‘sign’ since we are on the Trail of Tears route.

e. It was suggested the ‘unveiling’ of the veteran’s memorial take place in November around Veteran’s Day.

6. Town web site/internet service – no issues

7. Farmer’s Market - Bowen to check further into helium balloons that can be seen on Highway 62 from the ‘depot’ pavilion. 4-H Club had asked about selling snow cones and cotton candy for fund raising and recruiting at the Farmer’s Market. Health Department is OK with the two (2) items since they are not potential hazards.

Town Minutes of Regular Meeting - May 12, 2009

Page 3

8. Banners/Signage – Estimated cost for a 20 X 5 banner is $1,000. Bowen reported she had met with Brian Kamps, Best Banner & Sign, and looked at the ideal area on Hwy 62 for an ‘electronic message center’ (EMC). Waiting on suggestions, costs, etc. from Best Banner.

Permits:

Business Permits

1. Two (2) business permit renewals were issued to Superior Dock Co. and Tater’s Interiors.
2. Bowen reported she noticed activity at 839 N. Old Wire Road and called Aladdin Real Estate and was advised Dirtwork, Inc. is in the process of leasing/buying property.
3. Shalom Auto Repair & Body Work – no action has been taken

Building Permits – none issued

Unfinished Business:

1. Municipal court and police department – no report

2. Billboards – Alderman Gregory and Recorder-Treasurer Bowen were deposed on Wednesday, May 6th at Slinkard Law Firm. Jeff Hawkins, NWA Regional Planning Commission, to be deposed on May 28th. If the case goes to trial it is set for July 28th.

3. Trailer on Rader Road owned by Mr. Octavio Galindo has not been moved.

New Business:

1. Streamlined sales tax – Revenue from town sales tax is doing better than expected.

2. Painting of town hall has been delayed due to wet weather. One estimate has been received on guttering: Front of Town Hall - $575; entire building - $1400; front of ‘depot’ pavilion - $575. Bowen to obtain another estimate.

3. VAS update – Mayor O’Dell to try and attend next meeting. He reported the ambulance station is being manned 24 X 7 and their response time has been great. The board is still researching the possibility of going to advanced life support. Mayor O’Dell stated it may take the towns/communities of Avoca, Garfield, Gateway and Lost Bridge to help with funding for the necessary ambulance equipment.

4. Ald. Gregory and Bowen to work on new 2009-2010 Avoca Civic Guides.

5. Federal flood insurance program –

Proposed Ordinance No. 83, an ordinance providing for the establishment of a flood damage prevention program for the Town of Avoca, was discussed and still had some unanswered questions. Ald. Hawkins, seconded by Ald. Shields, moved the 3rd reading of Ordinance No. 83 be tabled for discussion. All approved. Motion carried.

Council to study program.

6. Recorder-Treasurer Bowen will not be working Thursday, May 14 or Monday, May 18th.

Minutes of Regular Meeting - May 12, 2009

Page 4

7. Mayor O’Dell reported he has a planning meeting May 21 with VFW and Ghost Riders concerning the traveling ‘tomb of the unknown soldiers’.

8. Bowen is gathering information on pros and cons of changing from an incorporated town to a city of the 2nd class.

Ald. Shields moved the meeting be adjourned at 9:50 PM. Ald. Pinkley seconded the motion. All approved. Motion carried.

Respectfully submitted,

Diane Bowen

Recorder- Treasurer

Approved_______________________________

Mayor Thomas O’Dell

Attest___________________________________

Recorder-Treasurer Diane Bowen

Avoca, Arkansas, P.O. Box 160 72711

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