Town Meeting Minutes

October 9, 2012

Minutes of Regular Meeting


Mayor Thomas O’Dell, Recorder-Treasurer Diane Bowen
ALD:  Jordan Sullivan, Kathy Hansen, Darlene Gregory,
Kathleen Shields, Dennis Pinkley

Guests: James Jones, Jason Evans, Frankie Elliott, Nanette Barnes        

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

Pledge of Allegiance.
Moment of silence.

Jason Evans presented to the Council his idea of having a one day, bicycle race tentatively set for Sunday, May 5, 2013.  Staging and parking would be out of the town limits; would like to close Old Wire Road between Rose and Orchard; all cyclists will sign waiver releases; date and time of race should be finalized by the end of January.  Ald. Hansen, seconded by Ald. Shields, moved the Council support the endeavor.  All approved.  Motion carried.

Council agreed to add to agenda:

  1. Council members serving on planning commission
  2. Building permit for Eugene Nipp
  3. Yield/stop sign – Old Wire/Orchard
  4. Christmas Parade – Helping Hands

Minutes of September 11 were approved as presented by acclamation.

September 2012 financial report was approved, as presented, by acclamation.  Bowen noted town sales tax is down.  Mayor O’Dell to talk to Mayor Blue of Little Flock concerning their addressing and sales tax revenue.

Avoca Fire & Rescue –Avoca Fire Chief Elliott reported on the department’s training, year to date runs, equipment needs, etc.  Chief Elliott requested the 2012 budgeted funds for the department.  Funds will be used to purchase equipment and personal protective equipment.

Planning/Zoning –
Zoning – Mayor O’Dell appointed Shirley McDaniel as zoning official.   Shirley McDaniel was not present, but did submit a report. 


Planning –

  1.  Chairman Sullivan reported the public hearing held September 25 was to hear those who wished to be heard regarding proposed changes to the Avoca Zoning Code 2010 and Zoning map. Planning commission recommends the Town Council approve the proposed changes to zoning code and map.  Council asked Bowen to have an Ordinance drafted, approving the recommended changes.
  2.  Chairman Sullivan shared his concern with various opinions that have been given concerning council members serving on the planning commission.  Conflicts-of- interest, lawsuits, legislative immunity are some terms used in some of the opinions. Ar. Statute 14-56-404 (a) (1) states “The legislative body of the municipality may create a planning commission of not less than five (5) members, of whom at least two-thirds (2/3) shall not hold any other municipal office or appointment except membership in the board of adjustment or a joint planning agency.”

Committee Reports:

  1. Clean-Up – Fall cleanup will be October 27.  There will be separate trailers for tires and metal and the containers for bulk items.
  2. Streets
  1. Trailer has been re-decked
  2.  James Jones, LSJ Properties, Inc., was present to discuss his proposal(s) to do initial clean-up and yearly maintenance on approximately 7/10 of a mile on Woods Lodge (BC74), Rader and Prairie Creek Roads.  Initial clean-up to include brush, leaf, debris, fallen or damaged tree removal, weed eating, and grass seeding of the side of ditches to prevent erosion.  Cost of each road - $7,500 and cost with clean up and laying wire and concrete to prevent erosion - $14,250.  Draw of 1/2 to be made upon 50% completion and 50% upon approved completion.
    Yearly maintenance would include mowing and/or weeding, removal of fallen trees and leaf and debris removal.  Cost per road - $6,000/year. Mr. Jones stated he has liability insurance and is bonded, has done clean-up for Benton County and worked on a construction crew in California for five years.  He stated concrete will be 1 ½ - 2” with wire and he would like to put in 4 X 8 sub pits for drainage. 
    Ald. Shields moved the Council have Mr. Jones do the clean-up and concrete work on BC 74.  Cost - $14,250.  Mr. Jones to provide bond, liability insurance and references. Ald. Hansen seconded the motion.
    Roll Call: Ayes:  Shields, Hansen, Pinkley, Sullivan
    Nay:   Gregory     Motion carried
  3. David Platz’ driveway off 400 Rader Road has been worked on. 
  4. Mayor O’Dell to contact APAC concerning road specs for collector roads, etc.
  5. Ald. Hansen reported she had been contacted concerning the 4 way stop at Orchard and Old Wire Roads.  Council agreed to make Old Wire a thru way.

3.   Street and Traffic lights – All in working order   
4.   Park

  1. Bowen reported she contacted Andy Ward concerning the status of the depot pavilion sign.  Mr. Ward has picked up the material and the art work is loaded in his computer.  Mr. Ward hopes to have the sign completed in the next day or so.  Ald. Hansen asked Bowen to contact Mr. Ward first thing in the morning and ask him to not start cutting, until she has contacted him.
  2. Avoca Disc Golf project – Ald. Hansen reported the installation of the disc golf course is 1/3 completed.  15 of the 18 holes for the baskets have been dug.
  3. Mayor O’Dell reported there will be approximately 180’ of rail fence on the north side of park west and approximately 36 parking spaces.
  4. Avoca One Stop is sponsoring a ‘Trunk or Treat in the Park’ on Saturday, October 27.
  5. Mayor O’Dell to get top rail for chain link fence.
5.   Town web site – up to date

Business Permits -none issued
Building permits - none issued

  1. Temporary occupancy permit – Ernesto Batres, 824 Old Wire Road
  2. Building permit application has been submitted for a garage for Eugene Nipp at 571 Tucks Chapel Road.  Zoning official, Shirley McDaniel, is out of town and Jordan Sullivan will review application and meet with Mr. Nipp.

Unfinished Business:

  1. Brian Mencl property – There has been less equipment on property.
  2. Fulton property at 839 Lester – Mike Witte attended the September 25 planning commission meeting and discussed his proposed ‘event center’.
  3. Bowen reported she still needs to send letters to several businesses in Town concerning mowing and cleaning up their properties.

New Business:

  1. Ald. Sullivan, seconded by Ald. Hansen, moved to take ‘draft ordinance – business permit’ off agenda.  All approved.  Motion carried.
  2. Local District Court – Council reviewed what would be included in the fifty (50) dollar fee Avoca would pay Little Flock for each call they would make on an Ordinance violation.  Ald. Pinkley, seconded by Ald. Hansen, moved to accept and agree to Little Flock’s proposal. All approved.  Motion carried.   Bowen to contact
    Attorney Slinkard to prepare an agreement for code enforcement services with Little Flock.
  3. Towing fees – Mayor O’Dell reported Fred Kimball has been licensed through the state to do both consent and non-consent towing.  Council would still like to use a company out of town limits.  Mayor said we have to use local businesses that are licensed.  Several council members asked to see the law in print.       
  4. Performance evaluations for non-elected positions – Bowen sent a copy of Arkansas Municipal League’s sample personnel handbook to Council for review. No action taken.    
  5. Dogs – Bowen to contact Little Flock to see how they handle stray animals.  Council agreed the Town needs some type of animal control and enforcement for stray, wild, vagrant and nuisance animals.
  6. Bowen asked that all budget requests be submitted.
  7. Bowen thanked the Council for allowing her to attend the Clerk’s Institute.  It is money well spent and the knowledge gained is very beneficial to the Town.
  8. Ald. Gregory and Ald. Hansen to come up with “slogan” for Town clean-up efforts.
  9. Resolution No. 06-12, a resolution authorizing the rate of property tax for the town of Avoca for the year 2012 to be collecte4d in 2013, was read in its entirety.
               Ald. Pinkley moved Resolution 06-12 be approved as read.  Ald. Gregory seconded the motion.  All approved.  Motion carried.  Millage will remain at 5.0 mills.
  10. Debbie Hayworth, Helping Hands, asked if they could sell coffee, cider, packaged snacks, etc. under the depot pavilion during the Christmas Parade. Proceeds will go towards buying food.  Council agreed as long as they follow Health Department rules and regulations.

Ald. Pinkley, seconded by Ald. Sullivan, moved the meeting be adjourned at 10:30 PM. All approved.  Motion carried.

Respectfully submitted,
Diane Bowen



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