Town Meeting Minutes

February 10, 2015 - 7:00 PM - Regular Meeting

Present: Mayor Jordan Sullivan, Recorder-Treasurer Diane Bowen
ALD: Nanette Barnes, Darlene Gregory, Dennis Pinkley, Kathy Hansen, Jay King. Zoning Official Larry Parrish

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

Pledge of Allegiance.
Moment of Silence.

Mayor Sullivan recognized the guests.

Attorney Howard Slinkard was present to review with the Council their duties and responsibilities along with the Mayor’s; passing Ordinances/resolutions; FOIA; executive meetings; voting; veto power, etc.

Jason Evans, Boston Mountain Cyclists, came before the Council to see if the club can change a scheduled race from Sunday May 2 to August 2; to do ‘time trial series’ on alternative Wednesday from the Wednesday road races. (March 18; April 2; April 15, April 29 and May 13); t-shirts with Town logo were reviewed; Bowen to have town porta potty set by March 11; cycling weekend – race from Rogers to Avoca on Saturday, August 1; Jason to provide calendar of events; use social media to let everyone know of races, etc.

Ald. Hansen, seconded by Ald. Gregory, moved the times and dates set by Mr. Evans be approved. All approved. Motion carried.

John and Marilyn Mezger, 170 Dogwood, were present to explain to the Council the situation they are facing. They have lived in Avoca for 23 years; they live in a 1980 mobile home which needs major work. They have found a used manufactured home (pitched roof; guttering; double paned windows, etc.) that would be a great improvement and would help with Mrs. Mezger’s health issues. Mr. Mezger realizes the property, as zoned, does not allow manufactured homes but expressed this will be a major improvement and he will never be able to build a stick built home.

Mayor Sullivan explained this is not a Council issue, but a Planning Commission issue. He appreciates Mr. Mezger sharing the problem with the Council, but it helps him express how too restrictive the code is. The next planning commission will be Tuesday, March 31.

Mr. Hatley, Ozark Regional Transit (ORT), was present to go over the number of ‘demand response’ rides they have provided from the Avoca area in 2014 and to explain the various programs they provide. The demand response rides are first come/first serve; are door to door; serve the small towns/rural areas and are more expensive to operate than their other programs. Their cost is $41.34 an hour to operate the ‘demand response’. ORT is visiting all the cities and towns in Benton County to solicit help with funding. They have gone before the Quorum Court and asked for funding. The Quorum Court has agreed to fund $15,000 and will match dollar for dollar, up to $64,000, the commitments they get from the smaller cities and towns. ORT would like a financial commitment from Avoca, so they can get the match from the Quorum Court.

Mayor Sullivan asked that ‘how long do you keep recordings’ and ‘Harley Ingram’ be added to the agenda.

The minutes of January 13 were approved, as corrected, on a motion by Ald. Pinkley and seconded by Ald. Barnes. All approved. Motion carried.

Ald. Hansen, seconded by Ald. Barnes, moved the January 2015 financial report be approved as presented. All approved. Motion carried.

Avoca Fire & Rescue

Jack Poyner, Avoca Volunteer Fire Department, was present to give an update. The department has had 54 runs to date; making an effort on watching the gas bill; gear is in from grant monies; department is setting physical standards.



    1. It was reported the planning commission had a regular meeting on January 27. They have 2 new members and elected officers; the way finding signs were put on hold; landscaping was discussed.
    2. ‘Standard Specification’ committee met January 28. Mayor would like to see the standards come before the Planning Commission in March and before the Council in April or May.


    1. Zoning Official Parrish said he needs to look into the property off of Sheppard Road, concerning 6 – 8 vehicles and mattresses lying outside.

Committee Reports:

Mayor Sullivan appointed the following committee chairs: Personnel – Ald. Pinkley; Planning – Ald. King; Roads – Ald. Gregory; Parks – Ald. Hansen; Image Improvement – Ald. Barnes

1. Clean-Up – Spring clean-up will be Saturday, May 9th. Bowen reported she will not be available that day.

2.  Streets

    1. Ald. Gregory reported the State Aid money can be used for overlays or resurfacing and the existing road must be a minimum of 20 feet wide. She also reported the State has a TAP (transportation alternatives programs) grant available. It is 80% Federal funding and 20% town. It can be used for concrete sidewalks or paved walking or riding trails and the project must be registered by an engineer. The engineering costs can be counted towards the town’s 20%. The program has a website and webinars. Sidewalks need to be added to the master street plan.
    2. The 3 sided carport has been installed. Mayor Sullivan wants to see it enclosed with siding.
    3. Striping streets to be added to March agenda.
    4. Blade and spare parts kit for plow have been ordered. Cost $593.
    5. Mayor Sullivan reported the power has gone out in the shop. The electric was hooked up to the fire department. Electrician has looked at the problem and we are going to have a new meter set, outside light is needed, replace existing lights in shop and add more receptacles. Having Swepco install a street light was discussed.

3.  Street and Traffic lights

a. All in working order.

4.   Park

    1. Bowen reported Rick Austin said he is working on bike racks.
    2. Ald. Barnes reported the park committee met February 3rd.Mayor Sullivan reported he had met with Ron Sparks, Arkansas & Missouri Railroad, concerning the crossing on Orchard. Mr. Sparks is going to check to see if A&M still has the crossing number with the Department of Transportation and report back. Ald. Barnes reported the committee would like rail fence along Highway 62 frontage; chain link across the back of property along railroad; chain link with gate along the south side of the property; thermoplastic arrows showing entrance and exit; no long term parking sign; look into grants for pavilion; Bowen provided the footprint needed by Uncle Sam’s Fireworks for their tent; landscaping and ‘Welcome to Avoca’ sign.
    3. Bowen reported on reply from David Schoen, legal counsel with Arkansas Municipal League, concerning the Town’s liability when we collect a lease fee and have contractual agreements.
    4. Bowen to contact Swepco and Carroll Electric to see if the town can put flags on their poles.

5.  Town web site – up to date.

    Bowen would like to see Ald. Barnes added to our Facebook Page as a page manager.


Business Permits

    1. Bowen reported the following businesses have renewed their business license as of February 5th: Stephen Eberle Construction, Chrysalis Studios, Sunny & Hair, Avoca Tire Shop, Two Sisterz Liquor and Foresee Logging.

    2. Bowen reported Avoca Tire Shop has moved the porta potty and Larry Parrish has talked to him about the tires and will follow up with him. Mayor Sullivan would like the tires to be disposed of or stored inside.
    3. Bowen reported Boat Dock World LLC, 839 Lester Lane, has submitted their business permit renewal for 2015. Due to the conditions on the property, Bowen is bringing the renewal before the Council. Rachel Ernst sent an email explaining the plans they have for the property. They are going to fence in the front of the property, including the dumpster. The fence will have a gate and will run along the Bradford Pear trees that line Lester Lane and a part of N. Old Wire Road. The boat dock frames that are sitting along Lester Lane will be removed by the end of February, weather permitting. They plan on installing french drains and level and slope some of the ground, to take care of the drainage problems, before installing the fence.

      Bowen to issue the business permit along with a letter stating the Council would like to see progress on the fencing, as stated in her email dated February 10.

Building permits

    1. none issued

Unfinished Business:

    1. Bowen reported she has invited Brian Mencl, 309 Sheppard Road, to the March Council meeting.
    2. Rex Kennedy, Kennedy Electric, reworked the main wire connection for town hall and added main breaker and connector for line that is feeding park west. Swepco’s service could also be causing the lights flickering
    3. Mayor Sullivan received another call from Harley Ingram, concerning coming back to work. Council agreed Dave Olson and Larry Parrish should be able to keep up with the work and Mr. Ingram’s health can be a liability to the Town and himself.

New Business:

    1. Bowen reported Major Holloway will be attending our March council meeting concerning Benton County dog ordinances and work up an agreement with the County. Bowen contacted Judge Clinard’s secretary to get a copy of the agreement the County has with Springtown.
    2. Directional signage for businesses to be taken off agenda and Bowen to show on the monthly financial statements how much has been collected for business licenses.
    3. Ald. Hansen, seconded by Ald. Barnes, moved to send $1,000 to Ozark Regional Transit along with our letter of commitment.
    4. Mayor Sullivan would like to have a third signature on our accounts. Ald. Pinkley, seconded by Ald. Gregory, moved Ald. Jay King be the third authorized signature on the Town’s accounts. All approved. Motion carried.
    5. Bowen had a question concerning comp time. Bowen to come back to the Council with a proposal in March.
    6. Resolution 02-15 tabled to March on a motion by Ald. Hansen and seconded by Ald. Pinkley. All approved. Motion carried.
    7. Ald. Hansen, seconded by Ald. Barnes, moved ‘how long do you keep recordings’ be tabled until March. All approved. Motion carried.

Meeting was adjourned at 9:45.

Respectfully submitted,
Diane Bowen



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