Town Meeting Minutes

July 2009 through Dec 2009

Index of Meetings records online

Minutes of Regular Meeting - July 14, 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: Larry Slingsby, Wes Baker

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

The minutes of May 12 regular meeting were approved as presented on a motion by Ald. Hawkins, seconded by Ald. Hansen. All approved. Motion carried.

May and June financial reports were reviewed and approved on a motion by Ald. Hansen, seconded by Ald. Hawkins. All approved. Motion carried.

Wes Baker, representing VAS, was in attendance to advise the council of items VAS (Volunteer Ambulance Service) needs and wants. He also updated the council on VAS nine (9) member board and what their goals are. VAS has approximately 4000 households in their district, covering around 220 square miles, and their total income for 2008 was approximately $194,000. Mr. Baker reported VAS has been in operation for eleven (11) years and has seen lots of changes. There are no longer any volunteers. All six (6) EMTs are paid employees and they run three (3) shifts. They had 501 runs in 2008. The service would like to stay non-profit.

Avoca Fire & Rescue –Bowen reported on Fire Chief Elliott’s submitted report dated June 9, 2009.

Zoning –

a. Laurie Frost - 420 E. Rose – Mayor O’Dell reported all issues have been completed.

b. Fence at 260 Hobbs Road has been brought into compliance

c. Zoning official has not been appointed by Mayor.

d. Date for planning commission meeting has not been scheduled.

Committee Reports:

1. Fall Clean up will be held Saturday, October 24.

Town Minutes of Regular Meeting - July 14, 2009

Page 2

2. Streets

a. Benton County 74 ditch line is still full of debris. Mr. Slingsby recommended Mayor O’Dell contact Isaiah Martinez, resident of Avoca, concerning the job.

b. Mayor O’Dell reported he had talked with Chris Glass, Benton County, concerning the County using their sidewinder on Benton County 74 and leaving debris. Mayor to contact Greg Hines, concerning this issue.

c. Mayor O’Dell reported he met with two (2) representatives from McClinton Anchor concerning the water issues on Benton County 74 and the effect it is having on Robbie Smith’s property. Mayor’s plan is to install ‘raceways’ in the ditch to slow the flow of water, using 4 X 8 blocks. The culverts in front of the Smith property may be part of the problem. Mr. Smith to be contacted and made aware of the Town’s intentions to correct the problem.

3. Mapping/addressing – Bowen reported she called US Postal Service to get an update of using Avoca, Ar. 72756 as delivery address. The proposal has been sent to District Manager and operations. There may be some issues with sorting operations.

4. Street and traffic lights – no known issues

5. Park

a. Ald. Hansen to contact Isaac Daves concerning the use of railroad ties in his landscaping ‘scout’ project.

b. Ald. Hansen reported she met with Ronnie Smith and decided on location for the volleyball court. Mr. Smith will dig out the 36’ X 60’ court for an estimated cost of $1000, for one day’s work. Supplies to be paid by Town. Town will also dig the holes and set the posts.

c. Soccer nets are up.

d. Ald. Hansen reported the town will receive two (2) Cherokee Trail of Tears signs.

e. 2009 ‘apple shed’ recipient was Avoca Fire and Rescue.

f. Mayor O’Dell reported the Ghost Riders will donate to the veteran’s memorial from proceeds of the traveling ‘tomb of the unknown soldiers’.

6. Town web site – Ald. Hawkins reported the web site is up to date.

7. Farmer’s Market - Bowen reported the Farmer’s Market has been slow and the vendors are getting more traffic when set up on Highway 62. Balloons and helium are on hand and ready to use. Contacting Jehovah’s Witness Kingdom Hall was suggested, to see if their parking lot could be used on Saturdays for the market.

8. Banners/Signage

a. It was decided to remove banner posts on Old Wire Road from agenda due to the estimated cost of 20’ X 5’banners.

b. Brian Kamps, Best Banner & Sign, submitted drawing and specs and estimate of $85,000 for a 25.6’ X 18’ ‘electronic message center’ (EMC).

Town Minutes of Regular Meeting - July 14, 2009

Page 3

Permits:

Business Permits

1. Bowen reported she contacted Dirtwork, Inc. and they have moved their business to 829 N. Old Wire Road. They have submitted their business permit application and fee, but do not have a current contractor’s license. Business permit has not been issued.

2. Shalom Auto Repair & Body Work – Bowen was instructed to send another registered letter concerning their unsightly conditions and number of vehicles on property. Issue to be turned over to attorney, if they do not bring property into compliance, so they can be issued a business permit.

Building Permits – none issued

Unfinished Business:

1. Municipal court and police department – no report

2. Billboards – Mayor O’Dell reported the Town filed a counter claim/injunction so that if the Town wins the case, the signs will have to be taken down. Mayor and Bowen to meet with attorney on July 21st and court date is set for July 23rd. Mayor O’Dell reported Statewide Outdoor Advertising will drop the lawsuit if the Town purchases the signs for $35,000 each or a total of $70,000.

In response to their offer, Ald. Hawkins, seconded by Ald. Hansen, moved the Town of Avoca will incur zero cost and require quit claim deeds on both structures. The Town will not be subject to leasing fees for property for which the structures are on. Mr. Gentry and Statewide Outdoor Advertising are to drop the current lawsuit against the Town of Avoca. The Town of Avoca shall have ingress and egress rights to signs, to address any needs the Town may have.

Roll call: Ayes: ALD: Hawkins, Hansen, Gregory, Shields, Pinkley

All approved. Motion carried.

3. Trailer on Rader Road owned by Mr. Octavio Galindo has still not been moved. Bowen was instructed to contact Mr. Galindo one more time and if no response, turn over to attorney.

New Business:

1. Streamlined sales tax – Bowen reported Cecile Bledsoe said "there is no reprieve to the ‘streamlined sales tax".

2. Painting of town hall has been completed along with the guttering. The front of ‘depot’ pavilion has also been guttered.

3. Bowen reported she is hoping to have the 2009-2010 Avoca Civic Guides done in the near future.

4. Federal flood insurance program – 3rd reading of Ordinance No. 83, an ordinance providing for the establishment of a flood damage prevention program for the Town of Avoca, was tabled again.

Minutes of Regular Meeting - July 14, 2009

Page 4

6. Report from Benton County Intergovernmental Cooperative Council was given to all council members.

7. Bowen reported we received a quit claim deed from Central United Methodist Church on .02 acres on Highway 62. Ald. Hansen, seconded by Ald. Hawkins, moved to accept the deed. All approved. Motion carried. Bowen to have property surveyed.

8. Bowen to contact property owner/renter on Rose Street that has the dump site.

9. Info was passed out from Swepco concerning their rate increase.

10. Bowen to gather information on the annual November train ride.

11. Mayor O’Dell to attend county zoning meeting on July 21st.

12. Benton County Water to replace 20 feet of sidewalk with a 10 feet round cul-de-sac.

Ald. Hansen moved the meeting be adjourned at 9:40 PM. Ald. Hawkins 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 Special meeting - July 17, 2009

7:30 PM

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

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

Absent: Ald. Herb Hawkins

Guests: Larry Slingsby, Shirley Smith, Rick Austin

Mayor O’Dell called the special meeting to order at 7:35 PM.

Meeting was called to discuss the lawsuit between Statewide Outdoor Advertising, LLC and Sears Gentry vs Town of Avoca. Case No. CV. 2007-18625.

Statewide Outdoor Advertising has agreed to drop the lawsuit and remove the two (2) billboards and return the ground to status quo for $40,000.

Mayor O’Dell reported Statewide received two (2) bids to remove the billboards. One estimate was for $40,000 the other for $49,237.

Rick Austin, Austin Welding, was present and said he would remove the signs for $10,000 plus salvage rights.

Mayor O’Dell suggested the Town offer $10,000 and settle out of court.

After full discussion, Ald. Hansen, seconded by Ald. Shields, moved the Town stand firm on the motion made at the Town’s regular meeting held July 14 and continue course of action.

All approved. Motion carried.

Ald. Pinkley, seconded by Ald. Shields moved meeting be adjourned. All approved. Motion carried. Meeting adjourned at 8:10 PM.

Respectfully submitted,

Diane Bowen

Recorder-Treasurer

Approved_________________________________

Mayor Thomas O’Dell

Attest____________________________________

Rec-Treasurer Diane Bowen

Minutes of Special meeting - July 20, 2009

9:00 PM

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

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

Absent: Ald. Herb Hawkins

Guests: Christine Pinkley

Mayor O’Dell called the special meeting to order at 9:00 PM.

Meeting was called to discuss the lawsuit between Statewide Outdoor Advertising, LLC and Sears Gentry vs. Town of Avoca. Case No. CV. 2007-18625.

After full discussion of case coming before the court on July 23, Ald. Shields moved the Town of Avoca pay Statewide Outdoor Advertising, LLC and Sears Gentry $10,000 to drop lawsuit and all grievances and liabilities with both parties. Sign to be removed within thirty (30) days and the earth to be brought back to original condition and subject to Town approval. Money to be held in escrow by Slinkard Law Firm pending completion. Ald. Hansen seconded the motion. All approved. Motion carried.

Ald. Hansen, seconded by Ald. Pinkley moved meeting be adjourned. All approved. Motion carried. Meeting adjourned at 9:25 PM.

Respectfully submitted,

Diane Bowen

Recorder-Treasurer

Approved_________________________________

Mayor Thomas O’Dell

Attest____________________________________

Rec-Treasurer Diane Bowen

Minutes of Special meeting - July 27, 2009

2:00 PM

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

ALD: Kathy Hansen, Kathleen Shields, Darlene Gregory

Absent: ALD: Herb Hawkins, Dennis Pinkley

Guests: Andrew Huntsinger

Mayor O’Dell declared a quorum was present and called the special meeting to order at 2:02 PM.

Meeting was called to review and discuss a settlement agreement between the Town of Avoca, Statewide Outdoor Advertising, LLC and Sears Gentry.

Attorney Andrew Huntsinger was in attendance to explain the details of the agreement and answer questions. Within thirty (30) days of signed agreement by all parties, Statewide will have the signs taken down; Avoca to pay Statewide $12, 500 to remove the signs; all claims in the lawsuit shall be forever barred and monies will be held by Slinkard Law Firm until Mayor O’Dell reports Statewide has completed the agreed-to work to the satisfaction of Avoca.

After full discussion, Ald. Hansen, seconded by Ald. Shields, moved the settlement agreement be accepted.

Roll Call: Ayes: Ald. Hansen, Ald. Shields, Ald. Gregory

All approved. Motion carried.

Resolution 03-09, a resolution authorizing Mayor O’Dell and Recorder-Treasurer Diane Bowen to execute on behalf of the Town a settlement agreement with Statewide Advertising, LLC and Sears Gentry, was introduced and read in it’s entirety.

Ald. Hansen, seconded by Ald. Gregory, moved Resolution No. 03-09 be approved.

Roll Call: Ayes: Ald. Hansen, Ald. Gregory, Ald. Shield

All approved. Motion carried.

Ald. Hansen, seconded by Ald. Gregory, moved the meeting be adjourned at 2:12 PM. All approved. Motion carried.

Minutes of Special meeting - July 27, 2009

Page 2

Respectfully submitted,

Diane Bowen

Recorder-Treasurer

Approved_________________________________

Mayor Thomas O’Dell

Attest____________________________________

Rec-Treasurer Diane Bowen

Minutes of Regular Meeting - August 11, 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: Lila and James Hawkins

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

A public hearing was held at the request of Lila Hawkins, dba J & S Auto, Inc., for a conditional use permit at 487 S. Highway 62 for used auto sales and repairs. Notice was published, required property owners were notified and conditional use application was filed. After full discussion, Ald. Hawkins moved the conditional use permit be granted. Ald. Pinkley seconded the motion. All approved. Motion carried.

The minutes of July 14 were approved, as amended, on a motion by Ald. Hansen, seconded by Ald. Shields. All approved. Motion carried.

Minutes from special meetings held July 17, July 20 and July 27 were approved as presented on a motion by Ald. Hansen, seconded by Ald. Shields. All approved. Motion carried.

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

Avoca Fire & Rescue –No report

Planning/Zoning –

a. Zoning official has not been appointed by Mayor.

b. Mayor O’Dell reported he had attended a Benton County planning meeting and Avoca planning commission meeting is being scheduled for the end of August.

Committee Reports:

1. Fall Clean up will be held Saturday, October 24.

Minutes of Regular Meeting - August 11, 2009

Page 2

2. Streets

a. Mayor O’Dell reported Isaias Martinez had looked at the Benton County 74 ditch line and estimated a cost of $7.00 a foot to clear ditch line of debris and vegetation 6 feet from asphalt up the bank. It was agreed to offer Mr. Martinez $5.00 per foot to clear all debris and vegetation from the ditch and on the bank 6 feet from blacktop, for 300 feet.

b. It was reported Mr. Smith received his letter from the Town on July 24, concerning the water issues associated with the ditch line on Benton County 74.

3. Mapping/addressing – A letter was received from US Postal Service advising they will not be able to the honor Avoca’s request to change street delivery, due to additional costs and serious processing issues.

4. Street and traffic lights – no known issues

5. Park –

a. Ald. Hansen reported Isaac Daves has completed his landscaping ‘scout’ project.

b. Ald. Hansen reported the final cost for Ronnie Smith to dig out the 36’ X 60’ volley ball court was $1500.00. Ald. Hawkins dug the holes for the post and they have been installed.

c. Bowen to order 2 trash receptacles and 3 benches from Thomas Mfg.

d. Mayor O’Dell reported he has ‘patches’ to sell and proceeds will go towards the Veteran’s Memorial.

e. Mayor O’Dell gave an update on the ‘Traveling Tomb of the Unknown Soldier’ event coming to Avoca on September 18 – 21. Opening ceremony will be Saturday, September 19 @ 11 am.

6. Town web site – Ald. Hawkins reported the web site is up to date.

7. Farmer’s Market - No report

8. Banners/Signage

a. Electronic Message Center (EMC) to be taken off agenda.

Permits:

Business Permits

1. Bowen reported Dirtwork, Inc. should have their contractor’s license by August 20. Business permit has not been issued.

2. Shalom Auto Repair & Body Work – Bowen reported Mr. Rodriquez received his letter August 7, concerning the unsightly conditions and number of vehicles on property. Issue to be turned over to attorney, if they do not bring property into compliance. They have not been issued a business permit for 2009.

Building Permits – none issued

Minutes of Regular Meeting - August 11, 2009

Page 3

Unfinished Business:

1. Municipal court and police department – no report

2. Billboards – Billboards should be removed thirty (30) days from July 29.

3. Mayor O’Dell to meet with Octavio Galindo on Thursday, August 13 concerning his trailer on Rader Road, that has not been removed from his property.

New Business:

1. Federal flood insurance program – 3rd reading of Ordinance No. 83, an ordinance providing for the establishment of a flood damage prevention program for the Town of Avoca, was tabled again. There was discussion the 3rd reading needs to be read in September.

2. Zoning Ordinance will change once the planning commission is established.

3. Mayor O’Dell and Bowen reported on the quit claim deed from Central United Methodist Church. When we went to have the property surveyed, issues come up and for the ‘sliver of property’ (.02 acre), it was not worth the effort or cost.

4. Dump site on Rose Street has been cleaned up.

5. Bowen reported 2006, 2007 and 2008 audit is being conducted.

6. Mayor O’Dell reported the Sheriff may have Town Hall meeting on a Friday in September.

7. Mayor O’Dell reported he will be signing up with Infraguard, at no cost. They are associated with the FBI.

Ald. Pinkley moved the meeting be adjourned at 9:02 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 Re-Scheduled Regular Meeting - September 15, 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: Larry Slingsby

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

The minutes of August 11 were approved, as presented, on a motion by Ald. Hansen, seconded by Ald. Shields. All approved. Motion carried.

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

Bowen reported the financial statement for January 1 – June 30 2009 was published in the Morning News August 30.

Avoca Fire & Rescue –Bowen presented Fire Chief Elliott’s report dated 9/8/09.

Planning/Zoning –

a. Zoning official has not been appointed.

b. Mayor O’Dell reported the Avoca Planning Commission met on Tuesday, September 8. All members were present, except Ronnie Smith. Jeff Hawkins was also in attendance. Mr. Hawkins is to email sample by-laws and he will also contact the cities/towns of Rogers, Pea Ridge and Garfield advising them of changes in planning/jurisdiction maps. Avoca’s zoning ordinance No. 76 will need to be changed, due to the planning commission. Public hearing will be necessary when the new ordinance is introduced. Mayor O’Dell mentioned the County wants the cities/town to take all they can in their planning jurisdiction and Mr. Hawkins recommends the towns only take what they can handle. Council was also reminded zoning follows ‘use’ not owner. Currently the only known issue is the possibility of Clayton Kelley wanting to split his property, for a mobile home.

Minutes of Re-Scheduled Regular Meeting - September 15, 2009

Page 2

Committee Reports:

1. Clean up will be held Saturday, October 24. Bowen to contact the County to see what, if any, assistance they are giving the towns and also advise Avoca Fire & Rescue of the date and whether they want to collect metal. Bowen to also advertise clean up in newspaper.
2. Streets

a. Isaias Martinez completed cleaning 300 feet of Benton County 74 ditch line and did a great job. Cost - $1500.00. There is approximately 2100 feet of ditch on the north side that needs to be cleaned. Mayor O’Dell to write up specs so that it can be published and bids taken.

b. Laying the blocks to help with the water flow in the BC 74 ditch line has not been started.

3. Street and traffic lights – no known issues

4. Park –

a. Bowen reported the 2 trash receptacles and 3 benches from Thomas Mfg. have been ordered.

b. Ald. Hansen reported the brackets need to be moved on the volleyball poles and the net hung.

c. Mayor O’Dell gave an update on the scheduled events for ‘Traveling Tomb of the Unknown Soldier’. Opening ceremony will be Saturday, September 19 @ 11 am.

5. Town web site – Ald. Hawkins reported the web site is up to date.

6. Farmer’s Market - No report

Permits:

Business Permits

1. Bowen reported S & K Dirtwork, LLC provided the Town a letter stating they fully intend on obtaining their contractor’s license from the State of Arkansas, but until then they will continue to abide by the State contracting law. Council agreed the letter can be used in issuing their Avoca business license.

2. Shalom Auto Repair & Body Work – Bowen reported Mr. Rodriquez did not responded to the Town’s letter he received August 7, concerning the unsightly conditions and number of vehicles on property. Bowen had a title report done and has forwarded to attorney. Slinkard Law Firm is sending letters to both Mr. Rodriquez and his lien holder.

Minutes of Re-Scheduled Regular Meeting - September 15, 2009

Page 3

3. Lila Hawkins, J & S Auto, Inc., located at 487 S. Highway 62 has been issued their business permit for auto sales and repairs.

Building Permits – none issued

Unfinished Business:

1. Municipal court and police department – no report

2. Billboards have been removed and case is completed.

3. Mayor O’Dell met with Octavio Galindo on Thursday, August 13 concerning his trailer on Rader Road, which has not been removed from his property. Mayor reported he did not move the trailer, but he has disassembled the trailer. The roof is to the floor.

New Business:

1. Federal flood insurance program – Ald. Pinkley moved Ordinance No. 83, an ordinance providing for the establishment of a flood damage prevention program, be placed on its 3rd and final reading. Motion failed due to lack of second to the motion.

2. 2009-2010 civic guides are completed.

3. Mayor O’Dell reported Richard Wynn is working with VAS working on protocol issues, etc.

4. Bowen to present information she has gathered concerning Incorporated Towns and 2nd class cities.

5. Resolution 4-09, a resolution authorizing the rate of property tax for the year 2009 to be collected in 2010, was introduced and read in its entirety. Ald. Hawkins, seconded by Ald. Pinkley, moved Resolution 4-09 be accepted. All approved. Motion carried.

Property tax rate for Avoca general purposes on the real and personal property will remain at 5.0 mills.

6. Resolution 5-09, a resolution adopting the hazard mitigation plan for Benton County, was introduced and read in its entirety. Ald. Hansen, seconded by Ald. Pinkley, moved Resolution 5-09 be approved. All approved. Motion carried.

7. Bowen reported she is having a hard time scheduling train ride for November.

8. Bowen to contact Bentonville Construction concerning their building on Highway 62 that S & K Dirtworks recently moved out of. There is business activity and it was reported there is equipment, motor home, barrels, etc in the fenced area.

9. Mayor O’Dell reported he had received information from the County advising they had found approximately 1.7 million dollars and it will be split among the cities/towns. Avoca share to be under $500.

10. Bowen to contact Swepco concerning the pole that is leaning in front of Town Hall.

Ald. Shield moved the meeting be adjourned at 8:27 PM. Ald. Gregory seconded the motion. All approved. Motion carried.

Minutes of Re-Scheduled Regular Meeting - September 15, 2009

Page 4

Respectfully submitted,

Diane Bowen

Recorder- Treasurer

Approved_______________________________

Mayor Thomas O’Dell

Attest___________________________________

Recorder-Treasurer Diane Bowen

Minutes of Regular Meeting - October 13, 2009

7:00 PM

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

ALD: Herb Hawkins, Kathy Hansen, Dennis Pinkley

Absent: ALD: Darlene Gregory, Kathleen Shields

Guests: Horacio Rodriquez and son Justin, Larry Slingsby

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

Mr. Rodriquez was present to discuss with the Council the progress he has made on cleaning up his business, Shalom Auto Repair and Body Work, located at 105 E. Rose, since receiving letter from Slinkard Law Firm. Mr. Rodriquez is to notify Diane Bowen when his property is in full compliance, so a business permit can be issued. Mr. Rodriquez was told at anytime the property gets unsightly the Benton County Circuit Court will be notified and he will be required to cease any and all business activity.

The minutes of September 15 were approved, as amended, on a motion by Ald. Hansen, seconded by Ald. Pinkley. All approved. Motion carried.

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

Avoca Fire & Rescue –Bowen presented Fire Chief Elliott’s report dated 10/13/09.

Planning/Zoning –

a. Mayor O’Dell appointed Larry Slingsby as the Avoca zoning official and Mr. Slingsby accepted the position.

b. Mayor O’Dell reported there will be another Avoca Planning Commission meeting in the near future to follow-up on sample by-laws, planning/jurisdiction maps, and changes in Avoca’s zoning ordinance No. 76. A master street plan will also need to be adopted, as well as sub-division regulations. It was mentioned that Gene Letteer is possibly developing or building roads. Bowen to call Mr. Letteer.

Minutes of Regular Meeting - October 13, 2009

Page 2

Committee Reports:

1. Clean up will be held Saturday, October 24. Bowen has contacted the County and they will provide a trailer for passenger tires. Roll Off services will provide two (2) dumpsters, per our contract. Bowen to make up flyers and distribute in Town. Pea Ridge Times will advertise the clean up. Cost to advertise in the Rogers Morning News will cost approximately $270. Council opted not to advertise with Morning News.
2. Streets

a. Mayor O’Dell reported the town does not have to advertise for bids on the cleaning of Benton County 74 ditch line, because the job is not over $20,000. Ald. Hawkins, seconded by Ald. Pinkley, moved to have Isaias Martinez complete the job, consisting of approximately 2100 feet of ditch on the north side that needs to be cleaned. All approved. Motion carried. Cost – approximately $10,500

b. Mayor O’Dell reported the Town will be laying the blocks to help with the water flow in the BC 74 ditch line in the near future.

3. Street and traffic lights – no known issues

4. Park –

a. Bowen reported we have received the 2 trash receptacles and 3 benches from Thomas Mfg.

b. Ald. Hansen reported the brackets need to be moved on the volleyball poles and the net hung.

c. Veteran’s Memorial – no report

5. Town web site – Ald. Hawkins reported he will add the new civic guide and pictures of the ‘Traveling Tomb of the Unknown Soldier’ to the web site.

6. Farmer’s Market - No report

Permits:

Business Permits

1. Bowen reported S & K Dirtwork, LLC provided the Town a copy of their contractor’s license from the State of Arkansas

2. Business permit was issued to Marvin Hensley for his business, Jake’s Bar-B-Que, located at 120C West Rose.

3. Business permit was issued to Jason Pritchett for his business Ironwood Services located at 810 Lester Lane. Business activity is document shredding or document storage.

4. Mark Shultz, Bentonville Construction, was sent a business permit application for his shop located at 264 North Highway 62.

Minutes of Regular Meeting - October 13, 2009

Page 3

5. Ken Mounce was issued a business permit for Taterbug’s Furniture and Flea Market at 499 Highway 62 South. Mr. Mounce changed his location and name.

Building permits - none issued.

Unfinished Business:

1. Municipal court and police department – no report

2. Mayor O’Dell reported the traveling ‘tomb of the unknown soldier’ event was a success, but there was only about 30% of expected attendance. Press coverage was not good. The event and comments/thank you notes made it worthwhile.

3. Bowen reported she had made several phone calls and sent several letters concerning unsightly/unsanitary conditions. Bray family received a call concerning mowing the lot on the corner of Old Wire/Orchard. Lot was mowed. Superior Dock was called concerning syrofoam on their lot on Hwy 62 – syrofoam was removed. Dan Kessler, Mary Lane, was sent a letter concerning his stagnant pond – Mr. Kessler in the process of adding aeration. Letter was sent to Yulianita’s Mexican Restaurant concerning a van that has been broke down for a long period of time at their front door – van has been moved. Mr. Guzman, Tri-Star Automotive was sent a letter concerning a full dumpster that has not been emptied for a long time – Roll Off to pick up dumpster. S & K Dirtworks and McClelland & Sons, both on Old Wire Road, have been sent registered letters concerning the inoperable vehicles/equipment on their properties. S & K Dirtwork has removed the pile of post-construction waste that was on the south side of their building.

New Business:

1. Bowen presented information to the council concerning the differences in incorporated town and 2nd class city.

2. Bowen asked that any budget requests be made.

3. VAS - no update

4. Bowen reported she cannot get a November date for the train ride. Council agreed to skip the ride in 2009 and plan for November 2010 ride.

5. Bowen to get opinion on Section 6d (‘removal of nonconforming structures and uses’) of Ordinance No. 76, concerning signs.

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

Minutes of Regular Meeting - October 13, 2009

Page 4

Respectfully submitted,

Diane Bowen

Recorder- Treasurer

Approved_______________________________

Mayor Thomas O’Dell

Attest___________________________________

Recorder-Treasurer Diane Bowen

www.avocaarkansas.info

Minutes of Regular Meeting - November 10, 2009

7:00 PM

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

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

Shields

Guests: Larry Slingsby, Frankie Elliott, Richard Wynne

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

The minutes of October 13 were approved, as presented, on a motion by Ald. Hawkins, seconded by Ald. Hansen. All approved. Motion carried.

October financial report was reviewed. Bowen reported she failed to update the ‘budgeted balances’. Ald. Hansen moved the report be approved, subject to the balances being updated. Ald. Hawkins seconded the motion. All approved. Motion carried.

Avoca Fire & Rescue –Fire Chief Elliott presented his report dated November 9, reviewed status of 2009 projects/equipment, reviewed the department’s finances and presented 2010 budget requests. Requests were $18,000 for general fund, $3500 for emergency services fund and $3500 for community room building repair and maintenance.

The department has a balance of $2,172 in their town funded emergency services assistance. Elliott asked the Council if they could use the balance of the funds for a ‘rescue basket’. Council agreed. Elliott also explained the department likes to keep the Town’s general fund budgeted item until the end of the year, if at all possible. This assures the department they have a safety net, in case of an emergency. Council agreed they do not have a problem with waiting until the end of the year.

Planning/Zoning –

1. Larry Slingsby, zoning official, reported he has been studying Ordinance No. 76 and has a few questions/suggestions concerning manufactured dwellings. Currently they are allowed in R2, and Mr. Slingsby thinks it would make more sense, if they were allowed in R1. He also suggested it be spelled out in the ordinance under ‘permitted uses’ whether they have to be ‘stick’ built homes and if manufactured homes are not permitted… so say.

Minutes of Regular Meeting - November 10, 2009

Page 2

2. Bowen to provide Larry a copy of all suggested changes to the zoning ordinance, which have been turned into the NWA Regional Planning Commission, for their review.

c. Bowen reported she called Mr. Gene Letteer and he is logging his property, not developing.

d. Mayor O’Dell reported he will be scheduling a Planning Commission meeting in the near future.

e. Bowen reported on the clarification of ‘nonconforming structures and uses’ she received from Jeff Hawkins, NWA Regional Planning Commission.

Committee Reports:

1. Clean up was held Saturday, October 24.
2. Streets

1. Mayor O’Dell reported Isaias Martinez is still cleaning Benton County 74 ditch line. All agree he is doing a great job.
2. Mayor O’Dell to meet with Mr. Rodriquez and get a price on cleaning the ditch line on the south side.
3. Mayor O’Dell reported we need to get started on laying the blocks to help with the water flow in the north BC 74 ditch line.
4. Mayor O’Dell reported ½ of Benton County 74 is owned by the County and the other ½ by the Town, at the east town limits. There is a large rock that has water running out of it, creating a hazard in the winter. Mayor to contact the County to see if we can negotiate getting a culvert installed. Town is willing to pay for culvert, if the County will install.

3. Street and traffic lights – Bowen reported two (2) street lights were repaired by Swepco on

Rose Street.

4. Park –

a. Ald. Hansen reported we will be getting two (2) Trail of Tears signs.

b. Ald. Hansen reported she and Bowen has been looking at Ground Cushin’ made from tire tubes for the two areas with playground equipment. The initial cost is pricey, but will last. Shipping costs are high also. Bowen to see where the product is shipped from, to see if we can save costs by getting a local carrier to do a ‘back haul’.

c. Veteran’s Memorial – no report

5. Town web site – no report

6. Farmer’s Market - No report – It was agreed to take off agenda and bring subject up again before spring.

Minutes of Regular Meeting - November 10, 2009

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Permits:

Business Permits

1. Mayor to talk with Mark Shultz, Bentonville Construction Inc., concerning his business permit.

2. Bowen reported Mr. Rodriguez, Shalom Auto Repair and Body Work, has not contacted the Town concerning his business permit. Ald. Pinkley moved Mr. Rodriquez be notified, via certified mail, he will be fined $50 per day from October 13, for non-compliance of obtaining a business permit, if he does not contact the Town and obtain a permit within seven (7) days of receipt of notification. Fines will accrue daily. Ald. Shields seconded the motion. All approved. Motion carried.

Building permits

1. Sears Gentry was issued a building permit for a 30’ X 50’ X 16’ metal building at 483 S. Hwy 62.
2. Wayne Casey was issued a building permit for an 18’ X 21’ all metal carport at 259 E. Rose.

Unfinished Business:

1. Municipal court and police department – no report

2. Unsightly conditions –

a. Dan Kessler, Mary Lane, has kept the Town advised on his progress of adding aeration to

his pond.

b. Bentonville Construction has mowed their lot at 264 N. Hwy 62.

1. 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 also see if some of the inoperable vehicles/equipment is owned by Lynn Fulton.

New Business:

1. Bowen reported there have been more complaints concerning loose dogs on Rose Street. After talking with owner of duplexes, Mr. Sherman, letters have been sent to all his renters, advising them their dogs must be contained.

2. Richard Wynne, Supervisor of VAS, reported it is the intentions to provide ALS service by the fall of 2011. He asked the Town to help with the tuition of VAS employees to NWACC for paramedic school.

3. Several budget requests were made by Council, if funds are available – Park - $10,000; Avoca Fire & Rescue – $13,000; Community building repair and maintenance - $1,000; Emergency Service(s) Assistance - $3,000; VAS schooling - $2,860.

4. Bowen to contact Best Banner to have Holiday Banners put up.

Minutes of Regular Meeting - November 10, 2009

Page 4

5. Resolution 6-09, a resolution supporting Avoca Fire and Rescue, by submitting an application of formal request to the Arkansas Rural Development Commission for purposes of securing state grant funds, under the GIF fire protection grant, was read in its entirety. Ald. Hansen, seconded by Ald. Pinkley, moved Resolution 6-09 be approved. All approved. Motion carried.
6. Bowen reported a letter was sent to A&M Railroad concerning several crossings in Avoca needing stop signs.
7. Discussion as to what constitutes the need for a business license was made. More information to be gathered and discussed further.
8. Joyce Higgins, BC Environmental, to be contacted concerning outdoor burning on Rose Street.

Ald. Pinkley, seconded by Ald. Hansen, moved the meeting be adjourned at 10:05 PM. All approved. Motion carried.

Respectfully submitted,

Diane Bowen

Recorder- Treasurer

Approved_______________________________

Mayor Thomas O’Dell

Attest___________________________________

Recorder-Treasurer Diane Bowen

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