Town Meeting Minutes

December 8, 2009 - 7:00 PM

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

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

Guests: Larry Slingsby, Ronnie Smith and sons

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

The minutes of November 10 were accepted, as presented, by acclamation.

November financial report was reviewed. Report was accepted by acclamation.

Ronnie Smith was in attendance to review the plans of the Avoca County Christmas parade scheduled for Saturday, December 12. Pictures with Santa will be held at Town Hall at 3:30 PM. Heritage marching band will participate in the parade again and it was agreed to help the band with their transportation costs. Parade judges will be Ronna Smith and Diane Bowen. Donations of canned goods, for food bank, being asked of parade participants and spectators.

2010 parade will be held Saturday, December 11.

Avoca Fire & Rescue – Bowen presented Fire Chief Elliott’s report dated December 7. Elliott obtained three (3) estimates for a generator to be hopefully installed at Station #1, so the community building could be used as an emergency shelter for the Avoca area. Council added line item to the 2010 budget, in the amount of $7,000 for ‘community building – shelter’.

Elliott also reported having fire dues, for the residents of Avoca, placed on their real estate tax bills, collected by Benton County and remitted to Avoca Fire and Rescue department is in progress.

Bowen reported Avoca Fire and Rescue Department board submitted a written request to the Council asking that an ordinance be passed allowing Avoca residents and businesses’ dues levied and collected in the same manner as in the unincorporated areas of their district and calling for an election. Discussion followed.

Minutes of Regular Meeting
December 8, 2009
Page 2

Bowen presented and read in its’ entirety Ordinance No. 83, an ordinance approving the inclusion of the Town of Avoca to have Avoca Fire and Rescue’s annual dues levied and collected by the Benton County Collector’s office, and calling for an election.
Ald. Hansen, seconded by Ald. Gregory, moved the first reading of Ordinance No. 83 be approved. All approved. Motion carried.

Ald. Hansen, seconded by Ald. Shields, moved the rules be suspended and Ordinance No. 83 be placed on its second reading by title only. All approved. Motion carried.
Ordinance No. 83 was read by title.

Ald. Pinkley, seconded by Ald. Gregory, moved the second reading of Ordinance No. 83 be approved. All approved. Motion carried.

Ald. Hansen, seconded by Ald. Shields, moved the rules be suspended and Ordinance No. 83 be read by title only for its third and final reading. All approved. Motion carried.
Ordinance No. 83 was read by title only.

Ald. Pinkley, seconded by Ald. Gregory, moved the third reading be approved and an emergency declared. All approved. Motion carried.

Ordinance No. 83 approved.

Bowen reported she has a copy of the process to follow and there is a tentative meeting set up in January, for all involved, with the Benton County Clerk’s office. Plans are to have the question placed to the residents on the May primary election ballot.

Planning/Zoning –

Larry Slingsby, zoning official, reported he has talked with Clayton Kelley’s daughter, concerning a pre-fab home. He has also talked with Susan Harvey concerning building another home, for her mother, and installing another driveway off Prairie Creek Road. Neither party is currently ready to start any work.
Mayor O’Dell reported a Planning Commission meeting has not been scheduled.

Committee Reports:


Mayor O’Dell reported Isaias Martinez has completed cleaning Benton County 74 ditch line on the north side. Mayor O’Dell reported he has not met with Mr. Martinez to get a price on cleaning the ditch line on the south side.

Mayor O’Dell reported laying the blocks to help with the water flow in the north BC 74 ditch line has not been started.

Mayor O’Dell reported he is to meet with Greg Hines, Benton County Road Department, on December 16 concerning the hazard at the east town limits, on Benton County 74, just east of the quarry entrance.

Ald. Hansen said she would like to see some striping projects done in 2010.

Minutes of Regular Meeting
December 8, 2009
Page 3

Street and traffic lights – all in working order

3. Park

  • a. Mayor O’Dell reported he would like to get a slab poured and drawing of the Veteran’s memorial completed in 2010.
  • b. Bowen reported the product from Ground Cushin’ would have to be picked up in Vicksburg, Ms. and comes in 2,000 pound sacks on pallets.
  • c. Mayor O’Dell presented a plaque of appreciation to the Town from the ‘brothers of chapter C – Arkansas Vietnam vets for the support of veterans and veterans’ issues and the bringing and display of the ‘Tomb of the Unknown Soldier’ in September.
  • d. Ald. Hansen and Bowen to work on a written funding request for funds made available by the 87th Session Arkansas Legislature’s General Improvement Fund. The Arkansas Dept of Parks and Tourism’s Outdoor Recreation Grants Program Section is soliciting the written funding request proposals. Plans are to request funds for ADA rubber mulching for the two (2) playground areas.

4. Town web site – Bowen and Ald. Hawkins to review the proposal Bowen has received from Erik Weems to upgrade our existing site, bringing the internet effort in line with current modern standards. Cost to re-build the site is $300 and $72/year for hosting charges.


Business Permits

  • 1. Business permit issued to Mark Shultz, Bentonville Construction Inc., for his shop, storage and office at 264 N. Highway 62. Permit valid November 30, 2009 through December 2010.
  • 2. Business permit issued to Mr. Rodriguez, Shalom Auto Repair and Body Work, for body mechanic work at 105 W. Rose. Permit valid December 6, 2009 through December 31, 2010.
  • 3. Bowen reported business permit renewals will be sent to all current businesses in December.

Building permits – none issued

Minutes of Regular Meeting
December 8, 2009
Page 4

Unfinished Business:

1. Municipal court and police department – no report

2. Unsightly conditions –

  • a. Bowen reported she has not pursued the letters sent to S & K Dirtworks and McClelland & Sons, both on Old Wire Road, concerning the inoperable vehicles/equipment on their properties. Bowen to see if S & K is purchasing the property or if it is still owned by Aladdin Realty. Bowen to see if some of the inoperable vehicles/equipment is owned by Lynn Fulton.

b. Bowen to also look into the vacant trailer off Sheppard Road and Rader Drive.

New Business:

Mayor O’Dell reported he would like to see an apology from VAS concerning the unfavorable comment made in an article concerning having Avoca “in pocket”.
Bowen reported she has been gathering information from various towns/cities in the state concerning the details of business licenses/permits.

Resolution 7-09, a resolution amending 2009 budget, was introduced and read. Ald. Hansen, seconded by Ald. Hawkins, moved Resolution 7-09 be accepted. All approved. Motion carried. The following expenditures were increased: attorney fees, payroll tax expense and park improvements/expenses.

Bowen presented worksheet/draft of 2010 budget and went over each line item. Several changes were made. Total 2010 estimated revenue available - $907,172; total 2010 estimated expenses - $447,060; total 2010 estimated surplus - $460,112. Resolution 8-09, a resolution adopting 2010 budget was read. Ald. Hawkins, seconded by Ald. Hansen moved to accept Resolution 8-09. All approved. Motion carried
5. Resolution 9-09, a resolution appointing Howard Slinkard attorney for 2010 was introduced and read. Ald. Pinkley moved Resolution 9-09 be accepted. Ald. Hawkins seconded the motion. All approved. Motion carried.

Bowen reported she had contacted Joyce Higgins, BC Environmental, concerning outdoor burning on Rose Street. Ms. Higgins to look into the matter.

Minutes of Regular Meeting
December 8, 2010
Page 5

2006, 2007, 2008 State Audit Report - Bowen reported she has been requested by the Legislative Joint Auditing Committee to be present at a meeting of the ‘standing committee on counties and municipalities’ on Thursday, December 10 in Little Rock. Findings of the committee are six month financial statements were not prepared as required by Ark. Code Ann. § 14-59-116 and detailed fixed asset records are not maintained as required by Ark. Code Ann. § 14-59-107. Bowen reported she prepared and published July – December 2006, January – December 2007 and January – December 2008 financial statements. For 2009, the January – June six month financial statement was prepared and published. After full discussion, Council requested Bowen continue preparing and posting the six month financial statements according to state law. Council also requested Bowen have a preliminary, current fixed asset report to present to the Council by June 2010.

Ald. Pinkley, seconded by Ald. Hansen, moved the meeting be adjourned at 9:55 PM. All approved. Motion carried.

Respectfully submitted,

Diane Bowen
Recorder- Treasurer

Mayor Thomas O’Dell

Recorder-Treasurer Diane Bowen

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