Town Meeting Minutes

October 11, 2011 7:00 PM

Minutes of Regular Meeting

Present:  Mayor Thomas O’Dell, Recorder-Treasurer Diane Bowen
ALD:  Dennis Pinkley, Jordan Sullivan, Kathy Hansen, Darlene Gregory
Absent:  Alderman Kathleen Shields
Guests:  Amy Elliott, Adam Kinney, Frankie Elliott, Jeremy Metcalf
Mayor O’Dell called the meeting to order at 7:00 PM and declared a quorum was present.

Pledge of Allegiance.
Moment of silence.

Public Forum – Amy Elliott was present to get an update from Mayor O’Dell concerning a camera that was placed on property by the fire station.  She said she expected an answer and wanted to know when she would receive the answer.  Pictures that were the subject matter are to be submitted to the Avoca Fire and Rescue board of directors.  Frankie Elliott also made comments concerning the matter.

After thirty minutes of discussion, Council agreed this is a personal matter, not the Town’s concern and should not be given time in our meetings.

The minutes of September 13 regular meeting were accepted, as presented, by acclamation.

September financial report was approved, as presented, by acclamation.

Avoca Fire & Rescue – Deputy Chief Jeremy Metcalf reported the department may get their new truck as early as November; they are having a lot of mechanical issues with their vehicles.; installing a security system at station 1; updating SOPs and job requirements; applied for FEMA grant and looking into remodel or addition of living quarters.

Planning - Jordan Sullivan reported the planning commission will hold a public hearing on Monday, October 24.  The public hearing being held to hear from those who wish to be heard regarding possible adoption of the Benton County Functional Classification Plan and new subdivision regulations.
Zoning - No building permits have been issued.  Larry Slingsby, zoning official, was not in attendance.

Committee Reports:

1. Clean-Up –Fall cleanup will be Saturday, October 22.

2. Streets

a. Bowen reported Glen Scott, Benton County Road Department supervisor, stopped by the office on October 10 and said the County will not have a problem snow plowing our primary roads.          

b. Work has not been started on the bid let to J. Johnson Construction.  They have had the lines located on Woods Lodge Road.

c. End of culvert at Robbie Smith resident on Woods Lodge Road to be repaired by J. Johnson Construction, when they are in the area, working on the ditch line.

d. Mayor O’Dell to contact J. Johnson Construction concerning doing a bore under Center Street.

3.   Street and Traffic lights – Street lights all in working order.       

4.   Park

a. Sign for the depot pavilion is work in progress.

b. The Arkansas Trails for Life Grant Program is the grant the Town was awarded for our walking trail.  The funds were made available through the Tobacco Settlement Proceeds Act.  Therefore, we will try and attack the cigarette butt litter by posting “No Smoking’ signs.  If that does not work, we will add the butt container in the Apple Shed pavilion.   

c. Mayor O’Dell has put 1 coat of paint on the edges of the red iron that is rusting on the ‘Apple Shed’ pavilion.

d. Mayor O’Dell installed a waterproof electrical outlet on park west.

5.   Town web site – no report

Business Permits

1. Rustin Fortin has picked up business permit information for a body shop at 145 S.        Highway 62 (old superior dock).  He is currently waiting on his sales tax number.

2.  Bryan and Tracie Foresee have been issued a business permit for Foresee Logging at 109W. Rose.  The Foresees are leasing Rose Street Warehouse from the Town of Avoca.

Building permits – none issued

Unfinished Business:

  1. Ald. Hansen, seconded by Ald. Pinkley moved the new business permit ordinance addressing seasonal agri sales be tabled until February 2012.  All approved.  Motion carried.
  2. Ald. Hansen, seconded by Ald. Pinkley, moved ‘Annexation – Assembled Products’ be removed from agenda.  All approved.  Motion carried.
  1. Bowen reported Attorney Slinkard has filed with the court a motion for summary judgment.  The Stewarts have until October 31 to file their response to the motion.  The court will then schedule a hearing on the motion.  Following the hearing, if the court rules in the town’s favor, the matter will be resolved without a trail.  If the court rules against us, then we will have to go to trial. 
  2. Payment in the amount of $1,417.91 was received from Bank of America for the cleanup on the Mencl property at 309 Sheppard Road.  Lien release to be filed with Benton County.

New Business:

  1. Resolution 02-11, a resolution levying a tax on the real and personal property located within the Town of Avoca for general purposes, was read in its entirety.  Ald. Hansen moved Resolution 02-11 be approved.  Ald. Gregory seconded the motion.  All approved.  Motion carried.  The tax at the rate of 5.0 mills will be placed upon the tax books and collected in the same manner that the state and county taxes are collected.
  2.  Bowen reported Rose Street Warehouse was leased October 1 to Foresee Logging.
  3.  ‘A Celebration of Community’ dinner will be Thursday, November 3rd from 6 – 8:30 PM.  Mayor O’Dell and Alderman Hansen and guests will be attending.
  4. Bowen reported the municipal clerk institute was very informative and educational.
  5. Bowen reported NEBCO EMS will attend our November council meeting to submit budget requests.  The need for a new tractor was also discussed for 2012 budget.  Costs can run anywhere between $20,000 and $27,500.  Ald. Sullivan requested engineering fees also be added to budget.  Bowen again reminded council to submit requests, suggestions and concerns for 2012 budget, which will be introduced in December.
  6. A resolution, affirming the Town of Avoca’s support for the passage of the 2011 Interstate Rehabilitation Program that will be on the November 2011 ballot was read in its entirety.  Ald. Hansen, seconded by Ald. Gregory, moved the resolution be approved.

Roll Call:  Ayes:  Ald. Hansen, Ald. Gregory
Abstain:  Ald. Pinkley, Ald. Sullivan
Resolution failed.

  1. Edwin Wells, Good Wood, is working on annexing eight (8) acres he recently purchased into Avoca.
  2. November council meeting has been changed to Wednesday, November 16.
  3. Mayor O’Dell will be out of town October 17 – 24 and Bowen will be off November 7 -10.
  4. Christmas Parade will be Saturday, December 10.
  5. Ald. Hansen suggested the Town look into drawing new businesses such as Dollar General, MFA Feed and Wal-Mart Express.

Ald. Pinkley, seconded by Ald. Sullivan, moved the meeting be adjourned at 9:15 PM.  All approved.  Motion carried.

Respectfully submitted,
Diane Bowen



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