Town Meeting Minutes

October 14, 2014 - 7:00 PM

Present: Mayor Thomas O’Dell, Recorder-Treasurer Diane Bowen
ALD: Jordan Sullivan, Nanette Barnes, Darlene Gregory, Dennis Pinkley, Kathleen Eversole
GUESTS: Zoning Official Larry Parrish

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

Mr. Michael Kalagias, candidate for AR Rep District 96, was present to discuss issues and concerns with the Council. Among topics discussed were how our sub-station for Benton County Sheriff Department materialized; 911 addressing; census counts; ambulance service and air-evacuation services. Mayor O’Dell stated item 5 under new business would be done in executive session.

Pledge of Allegiance.
Moment of silence.

Added to agenda: Added to agenda under new business #11 – duplex – Rose Street; under streets – g. Service on Kubota b. dangerous intersection at Sheppard and Russell Roads

The minutes of September 9 were approved by acclamation.

September 2014 financial report was reviewed and approved as presented, by acclamation.

Avoca Fire & Rescue

1. Bowen reported the Fire Department was granted their GIF-2 Fire Protection Grant in the amount of $44,345.59. Mayor O’Dell signed confirmation of receipt for GIF-2 fire protection grant.


Bowen reported a NEBCO representative will attend the November council meeting.



    1. Planning commission chairman Sullivan reported the planning commission committee met September 23 and the final draft of the standard specifications for street and drainage construction should be ready anytime. 2.
    2. The Planning Commission met September 30. They approved a request from Teri Chadwick at 500 Russell Road to park a 5th wheel in her driveway for her mother to live in. This was based on a hardship, will be temporary and Ms. Chadwick must submit documentation from the health department and utilities. Resolution No. PC01-14, a resolution approving planning area boundary description and map, was approved.


    1. Larry Parrish reported only two residents have not complied with the letters concerning inoperable vehicles. Larry to compile information to show the council dates/time lines and information, so they can make a decision, whether to send to Little Flock for enforcement. Larry Thompson who owns property on Main Street has put up his fence, just lacking the gate. Setback on the containment for sand was discussed.

Committee Reports:

1. Clean-Up – Fall clean-up will be Saturday, October 25. Portable sign and barrels in bull pen need to be trashed during the clean-up.

2.  Streets

    1. Plow and hopper have been installed on the truck along with light bar and steps.
    2. Ald. Eversole, seconded by Ald. Pinkley, moved Northwest Cement Contractors Inc.’s proposal for material, equipment and labor to construct a 30’ X 20’ X 6” slab with a 60’ X 4’ X 8” retaining wall per Town of Avoca’s specifications for $7,900 be accepted. All approved. Motion carried.
    3. Three sided carport (for sand containment) will be purchased through Tommy Cluck.
    4. Cost for a one ton chain hoist is $91. Rick Austin came out and looked at our ‘lean to’ to see if it could handle the weight. The existing will not work and cost to fix is $598. Bowen to contact Mr. Austin to have him start the job as soon as possible.
    5. 10 X 8 X 4” slab for plow was discussed. To be placed under the hoist for hopper.
    6. Bowen reported the work on Rose, Oak and Main should be done around the end of October or first part of November.
    7. Bowen to pre-order 2 pallets of rock salt and contact Benton County about 2 loads of sand.
    8. Cost on chains is $79. Need set for both front and back.
    9. Kubota had 400 hours on it when purchased. It needs to be serviced at least once a year or every 100 hours and maintenance needs to be logged.
    10. Erosion problems on Rader Road and BC 74 were discussed again. Maintenance of the ditches is the town’s responsibility. Pulling the ditches and cleaning out the culverts needs to be done. The Town can try putting the job out for bids again or recruit a backhoe operator to pull the ditches and clean culverts, even though that will not cure the erosion problem. Bowen to get contact information on a local backhoe operator and Ald. Sullivan to try and make contact with another operator. Mayor O’Dell and Ald. Sullivan to meet with prospects; Ald. Gregory volunteered to also meet with them.
    11. Bush on the corner of Russell and Sheppard Roads needs to be cut out, due to poor visibility.

3.  Street and Traffic lights

a. No reports of outages.

4.   Park

    1. Ald. Barnes reported she missed the deadline to apply for the $1500 grant.
    2. Bowen reported Rick Austin can make two bike racks out of the existing fencing we have, for $180 each.
    3. Park committee met September 23 concerning rules and regulations for the Steam Whistle Depot property. Ald. Barnes reported Jay King was going to contact Pea Ridge and Garfield to see if they have information they could share with us, concerning the use of their park facilities.
    4. Additional basketball goals were discussed.

5.  Town web site – up to date


Business Permits

    1. Business permit was issued to Daniel’s Corn Farm.

Building permits

    1. Jeff Wolfe, Wolfe’s Waypoint Marine, was issued a building permit for 4200 sf, new construction for boat repair and accessories at 717 S. Highway 62.

Unfinished Business:

    1. Ald. Sullivan, seconded by Ald. Eversole, moved the Town review the status of the Mencl property again next month. All approved. Motion carried.
    2. Bowen reported George’s Refrigeration looked at the air conditioner units and amps are OK on both units, and they suggested we contact an electrician. Bowen to contact Multi -Craft Contractors (MCC) to have an electrician check the main breaker.

New Business:

    1. 1. Ald. Gregory, seconded by Ald. Eversole, moved a letter be sent to Rachel Ernst, Boat Dock Services, at 839 Lester Lane concerning the unsightly and unsanitary conditions. All approved. Motion carried.
    2. Bowen reported she had sent two emails to Judge Clinard, Sheriff Cradduck and Major Holloway concerning getting clarification on Benton County’s Ordinances 0-2012-14 and 0-95-31. Bowen to try and contact Major Holloway by phone.
    3. Bowen reported Ron Sparks, A & M Railroad, reported the railroad owns 25 feet of right of way on either side of the railroad.
    4. The Council reviewed the changes they want to have made to Ordinance No. 78 along with vacation pay, etc. to add to pay scale. Bowen to take to attorney.
    5. Ald. Sullivan, seconded by Ald. Eversole, moved ‘employee handbook’ be deleted from agenda.
    6. Bowen has not checked on cost of banners, by quantity.
    7. Ordinance No. 99, an Ordinance approving new planning area boundary description and map, was introduced and read in its entirety.
    8. Ald. Pinkley, seconded by Ald. Barnes, moved the first reading of Ordinance No. 99 be accepted. All approved. Motion carried.

      Ald. Sullivan moved the rules be suspended and Ordinance No. 99 be placed on its second reading by title only. Ald. Pinkley seconded the motion. All approved. Motion carried.

      Ordinance No. 99 was read by title only. Ald. Gregory, seconded by Ald. Sullivan, moved the second reading be approved. All approved. Motion carried.

      Ald. Gregory, seconded by Ald. Eversole, moved the rules be suspended and Ordinance No. 99 be placed on its third and final reading. All approved. Motion carried.

      Ordinance No. 99 was read by title only.

      Ald. Eversole, seconded by Ald. Sullivan, moved the third reading be approved. All approved. Motion carried.

    9. Resolution No. 04-14, a resolution authorizing the rate of property tax for the Town of Avoca for the year 2014 to be collected in 2015, was read. Ald. Sullivan, seconded by Ald. Gregory, moved Resolution No. 04-14 be approved. All approved. Motion carried.
    10. Bowen asked that any budget requests be turned in as soon as possible.
    11. Bowen reported she was contacted by Benton County Water that a gentleman had contacted them about wanting water service at the duplexes at 300 E. Rose and the single home at 301 E. Rose. Bowen called the new owner, James Mathis, and informed him the property is no longer zoned for duplexes and the bank was aware of it. Ald. Pinkley, seconded by Ald. Sullivan, moved the Town have Attorney Slinkard review our Zoning Code concerning ’nonconforming structures and uses’. All approved. Motion carried.
    12. Bowen reported when she met with Attorney Slinkard concerning Ordinance No. 78, Recorder-Treasurer duties, she went over the changes the Council wants to make and Ald. Pinkley’s question concerning what if the next R/T cannot work in the office 24 hours a week. He suggested we pass an Ordinance that sets a salary for that position and then on the 24 hours a week, give that a different title (office manager; office administrator; secretary) and that pay would fall under the pay scale set by Council. He also suggested the same be done for the Mayor position, setting out duties and salary and could also state how many hours/time are expected to be worked. The Ordinances should then be reviewed annually. He said the pay scale could also show vacation, how much is paid for council and committee meetings etc. and should be approved by a Resolution. Ald. Sullivan, seconded by Ald. Barnes, moved discussion be tabled until November. All approved. Motion carried.
    13. Announcements – JP Town Hall meeting – October 15 at 6:30 PM; Clean-up will be Saturday, October 25; Christmas Parade – December 6

Meeting was adjourned at 9:20 pm on a motion by Ald. Barnes and seconded by Ald. Sullivan. All approved. Motion Carried.

Respectfully submitted,
Diane Bowen



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