Town Meeting Minutes

May 14, 2013 - 7:00 PM

Minutes of Regular Meeting


Mayor Thomas O’Dell, Recorder-Treasurer Diane Bowen

ALD: Jordan Sullivan, Nanette Barnes, Darlene Gregory, Kathleen Shields, Dennis Pinkley 
Absent: Zoning Official Shirley McDaniel  
Guests: Ronnie Smith, Bryan Foresee, Tracie Foresee, Kallie Foresee, David Shevy

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.

Mr. and Mrs. Foresee and daughter Kallie were present so Kallie could attend a council meeting for a school class assignment.

Ronnie Smith was present concerning his business Sunny & Hair Tanning & Hair Salon.
He did not get a business permit renewal in December. He would like a clarification on ‘retail sales’ on his business permit for Sunny & Hair.

The minutes of April 9 were approved, by acclamation. 

April 2013 financial report was reviewed and approved, as presented, by acclamation. 

Avoca Fire & Rescue – No report

NEBCO EMS – Bowen reported there will be an election to raise dues on July 9.  Polls will be open at Town Hall.

Planning/Zoning –

  1. Jordan Sullivan reported the Board of Zoning Adjustment met on April 30 and approved their by-laws.  Planning Commission also met. 
  2. Sullivan would like to schedule a committee meeting for either May 28 or June 4 to work on road specs.  Bowen to find out which date works for everyone and set a date.

Zoning – Zoning Official Shirley McDaniel was not present and did not have a monthly report.  It was reported McDaniel sent a letter to Daniel and Kathryn McIver concerning their inoperable motor vehicles.  The violation has been corrected with the motor vehicles inside a corrugated metal pen, which meets current code.  Using corrugated metal is a change the committee has made but has not been approved yet.

Committee Reports:

Clean-Up - Spring clean-up was again a success.  7.22 ton of bulk was collected, 15 + tires and metal was collected for the Fire Department. We had 28 volunteers.  The grounds at the Rose Street duplexes were also cleaned up by the neighbors. 

Streets -     

  1. Mayor O’Dell reported the cross walks need to be done with thermo plastic, but needs to find someone to lay it.  Bowen added it would be nice to have the crosswalks before Disk Golf opening. It was also suggested we have three cross walks.
  2. The heavy rains washed away 75 – 100 feet of wire and concrete on
    BC 74.
  3. Concrete has been laid on Rader Road.  Bowen to see if the County did it.  The road held up well during the rains.
  4. Town needs to look at the gravel on top of culvert at Robbie Smith’s on BC 74.
  5. The corners on Sheppard and Russell need to be cut back, due to poor visibility.

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

  1. The sign for ‘depot pavilion’ is ready to hang.
  2. b. Avoca Disc Golf Course – Kathy Hansen is working on ‘rules and etiquette’ sign.  She would like to have a grand opening in June.
  3. c. Ald. Barnes and R/T Bowen met with Kathy Hansen and walked the park to see what maintenance needs done. Ald. Barnes made up a punch list of work to be done.
5.   Town web site – up to date

Business Permits

  1. Bowen reported she has not heard back from the attorney concerning whether the renewal fee can be added to a schedule of fees or if our ordinance has to be changed or amended.
  2. Bowen reported another letter was sent to Stan Martin on May 6 advising him his business is a prohibited home occupation. On April 30 the Planning Commission agreed Mr. Martin did not keep his business permit current, therefore his business cannot be grandfathered. 
  3. Letters were sent to Katie Arqueta, 332 Hobbs Road, Garcia Martinez, 558 Sheppard Road and Assembled Products, 817 Lester Lane, concerning business permits.
  4. No new business permits have been issued.
  5. Mr. Ronnie Smith was present and asked why he did not get a business permit renewal for 2013.  Bowen explained the business closed in May 2012 and renewal notices have always been sent in December to businesses that are open. 

Ald. Gregory, seconded by Ald. Sullivan moved a renewal application be sent to Sunny & Hair Tanning & Hair Salon.  All approved.  Motion carried.

Mr. Smith said he is going to open a snow cone business in part of his building for snow cone sales.  His son will be selling the snow cones for a summer job.  Bowen had told them they would need a business license and a permit from the Health Department, according to our Ordinance   Mr. Smith does not think he needs a new license since ‘retail sales’ is shown on his Sunny & Hair license.  Ald. Gregory moved Mr. Smith needs to apply for a separate license for the snow cone business.  Ald. Barnes seconded the motion.
Roll Call:  Ayes:  Ald. Gregory, Shields, Barnes
Abstain:  Ald. Pinkley, Sullivan
Motion carried.

Mayor O’Dell said the motion failed, because it would have to be a majority of six.
Bowen asked the council if she could get legal opinion on vote and was given permission.

Building permits none issued
Unfinished Business:

1. Duplexes on Rose Street –

    1. Bowen reported there still is not an Arkansas attorney according to Texas attorney, David Jackson Wilburn II.
    2. All units (4) are empty.
    3. Bowen to send a letter to Benton County Water asking that water service not be turned on until property is up to living standards.
    4. Outside of property was cleaned up during spring clean-up.

New Business:

  1. Dogs – To be removed from agenda.    
  2. Bowen reported we are waiting for a closing date from Prime Title on the Hartwig property.
  3. Bowen to have attorney Slinkard draw up an Ordinance for condemnation of houses, buildings and structures.  A set fee to be included in ordinance.
  4.  Swepco has filed an application for Certificate of Environmental Compatibility and Public Need for the construction of a new 345 kilovolt transmission line.  One of the proposed transmission line routes would run through the northern most boundary of Avoca. 
  5. 2010, 2011 and 2012 audit will go before the Legislative Joint Auditing Committee on June 6.
  6. Bowen to attend a free training at the U of A on June 19 from 1 – 4 PM for Pictometry Imagery Use.
  7. Avoca One Stop has applied for a wine permit with ABC Division and Stephanie Scritchfield, Inc. has applied for a liquor permit.  Address associated with liquor permit is 809 Lester Lane.
  8. Bowen reported a certified letter was sent to Leroy Connolly, 298 Pearl Avenue, concerning unsightly and hazardous conditions due to the burned home/structure on his property.  He was asked to respond in writing within seven days of receipt of letter on what their plans are.  Letter was signed for on May 10.
  9. June meeting will be held on Tuesday, June 18.

Ald. Shields moved the meeting be adjourned at 9:20 PM. Ald. Pinkley seconded the motion.  All approved.  Motion Carried.

Meeting was adjourned by acclamation.   

Respectfully submitted,
Diane Bowen



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