Minutes of Regular Meeting

February 14, 2017 - 6:30 PM - Regular Meeting

Present: Mayor Jordan Sullivan, Recorder-Treasurer Nanette Barnes
ALD: Harry Simons, Dennis Pinkley, Darlene Gregory, Kathy Hansen, Jay King

Mayor Sullivan declared a quorum was present and called the meeting to order at 6:30 pm

Pledge of Allegiance

Moment of silence

Guests

Jason Evans (Boston Mt. Cyclists) was in attendance to ask for the Council's permission to use our streets for their Wednesday road series to be held March 15, April 12, May 3 and May 24th.
Race for the Spike will be held July 28, 29 and 30th.

They have contacted the Avoca Fire Department and the Benton County Sheriff Department for their assistance. Council granted their permission. Cyclist will try and help with the May 13th clean-up.

Ron Bird (Design Works) was in attendance to speak to council about updating the website. His presentation included quoted fees to set up and rebuild the town website $2500.00 and a monthly fee of $135.00. Mayor Sullivan updated council: Erik Weems, who updates our website is no longer living in the area and the Mayor has received multiple complaints that the minutes and disbursements are not being posted in a timely manner. Erik Weems charges $250.00 yearly. Council would liketo look at written proposal before making decision. Mayor Sullivan will inform Mr. Bird the council decision next month.

Hoss Cameron (Boss's RV Mobile & Repair) asked permission to build an apartment in his shop - 145 S. Hwy 62. Mayor Sullivan informed Mr. Cameron, he needs to go before the Planning Commission for a conditional use permit.

Mike Bearden (Slinkard Law Firm)

Stephanie Zortman (Two Sisterz Liquor)

Stacy Latham (Two Sisterz Liquor)

Butch Latham (Two Sisterz Liquor)

Tommy O'Dell (Memorial)

Cesar Lopez Martha Lopez

Changes to agenda: New Business -  Municipal Clerk workshop

Diane Bowen retirement party

Old Business -  Memorial

The minutes of council meeting - January 10, 2017 were approved as presented. The financial report-January 2017 were  approved as presented.

NEBCO EMS

1. No report

Avoca Fire & Rescue

1. No report

Planning/Zoning

Planning

    1. Planning commission Ald. King

      1. Bike/ped plan - Acceptance of action plan - waiting on Northwest Arkansas Regional Planning Commission: Elizabeth Bowen - public hearing in April (no date set)
      2. Master street plan - Acceptance of master street plan - waiting on Northwest Arkansas Regional Planning Commission
      3. Zoning code - Changes to modular homes
      4. Cesar Lopez: A motion was made by Ald. King to accept Mayor Sullivan's nomination of Cesar Lopez as a replacement of Christina Batres vacant seat on the Planning Commission. Seconded by Ald. Hansen. All approved. Motion carried.
      5. Next meeting - March 21st
    2. Zoning and code enforcement
      1. Animals -  Committee formed and met on January 17th - No date for 2nd meeting

Committee Reports:

Clean-Up
    1. Saturday May 13, 2017
Streets - Aid. Gregory
    1. Transportation Alternatives Program (TAP) grant update - Avoca Heritage Trail - on hold
    2. State Aid - Spring 2017 - on hold
    3. Standard Specifications for Street & Drainage Construction - on hold.

3.  Town Image - Ald. Barnes

    1. Avoca - 51st birthday - Open house, April 2nd from 2 pm to 4 pm: Ald. Gregory is in the process of ordering invitation postcards to send to residence and business owners. Flyers will be made to post around town in local businesses and the media.

4.   Park - Ald. Hansen

    1. Steam Whistle Depot - Met with Ken Shaner on February 9th about property layout, traffic flow, parking and park depot.
    2. Monument Restoration - Tommy O'Dell attended the meeting to formally accept the terms and conditions from October 4, 2016 meeting pertaining to the painting of the concrete around monwnent. Mayor Sullivan would like to ask Shirley McDaniel and Aid. Hansen to help with the painting.
    3. Rubber mulch and swings - on hold, Aid. Hansen to look into grants
    4. Rubber mulch - on hold until next spring

5. Personnel - Ald. Pinkley

    1. Aid. Hansen, seconded by Ald. Pinkley, moved to increase mayor salary to $700 per month, an increase of $100 per month. All approved. Motion carried.
    2. Bowen will be filling in for Nanette Barnes January 25 and 26.

6. Annexation - Ald. Hansen

      Nothing to report

Permits

Business Permits

      1. Ahart's Automotive LLC - 483 Hwy 62
      2. APAC Central-Avoca Quarry-679 Woods Lodge Road
      3. Ashby Outdoor- 1100 S. D Street, Fort Smith AR
      4. Beaver Storage-654 N. Hwy 62
      5. Dollar General - 245 N. Hwy 62
      6. Hoss's Mobile RC Repair- 145 Hwy 62
      7. Chrysalis Studio - 280 Hansen Lane
      8. C & K Produce - 489 Hwy 62 (New)
      9. Dons Canopies and Metal Production - 849 Old Wire Road
      10. Latham Cabinets-810 Lester Lane

Building permits - as of January 3, 2017

    1. Eric Nightengale -  329 Rader Road -  40 X 50 Metal Shop

Old Business:

    1. Rose Street - animals - Livestock and fowl committee is formed -No date for 2nd meeting Mayor Sullivan and Ald. King to meet with Mr. Connelly.
    2. Bank of America Property - 309 Sheppard Road: The property is for sale and is listed by Kerri
    3. Turner with Equity Partners Realty. Mayor Sullivan asked council if the town wants to place the property under discontinue of use. It is considered a double wide mobile home and the property is not zoned for mobile homes. - On hold.

    New Business:

      1. Special Election - Sunday sales for beer & spirits - Stephanie Zortman and Stacy Latham were in attendance to ask for the Council's permission to hold a special election for Sunday sales. Two Sisterz Liquor will pay all fees for the special election. A motion was made by Ald. Hansen to approve the Two Sisterz request to hold a special election for Sunday sales. Seconded by Aid. Gregory. Ald. Pinkley abstained. Motion carried.
      2. Building inspections - Suspension: Mike Bearden from Slinkard Law firm was in attendance to inform the council of legal advice pertaining to no ordinance being passed, and fees were being collected illegally. Mr. Bearden recommends the town suspend building inspections until the council adopts the southern building code or the international building code and get an ordinance in place. Mr. Bearden recommends the town not refund fees. Mayor Sullivan told council he will VETO any building code the council brings before him as it is set up now. Ald. Hansen recommends the council to set up a building code ordinance, set up a new fee schedule, hire a new inspector and set up rules and guidelines for  the inspector.
      3. Town's metal building -  rented to George Duncan
      4. Shop floor -  Completed by Jackson Brothers Concrete.
      5. Ordinance 106: An ordinance declaring certain properties as public parks; declaring an emergency. A motion form Ald. Hansen to place Ordinance on its first reading. Second by Ald. King. Ordinance was read by Recorder/Treasurer Nanette Barnes. Motion to accept the firstreading of Ordinance 106 was made by Ald. Gregory and seconded by Ald. King. All approved. Motion carried. A motion was made by Ald. Gregory and seconded by Ald. Hansen to place Ordinance 106 on its second reading by title only. Ordinance was read by Recorder/Treasurer Nanette Barnes by title only. Motion to accept the second reading of Ordinance 106 by title only was made by Ald. Hansen and seconded by Aid. King. All approved. Motion carried. A motion was made by Ald. Gregory and seconded by Ald. Hansen to place Ordinance 106 on its third and final reading by title only. Ordinance was read by Recorder/Treasurer Nanette Barnes by title only. Motion to accept
      6. Resolution No. 7-17: A resolution to dispose of old computer, keyboard, fax machine and (2) HP printers. A motion by Ald. Hansen to read Resolution No. 7-17 was made and seconded by Ald. Simons. Resolution 7-17 was read by Recorder/Treasurer Nanette Barnes. A motion to accept  Resolution
      7. Town Credit Card/Debit Card-Received
      8. Sam's Club Card- No Update
      9. Accounting and Payroll Software: Recorder/Treasurer Nanette Barnes brought before the council, a proposal from CSA Software Solutions for accounting and software programs. The presentation included quoted fees to start up and install software $6734.00 ($1683.00 deposit) and a yearly support & update fee of $1224.00. Council asked this be tabled for now.
      10. Appointment of Committee Chairmen/women -  Ald. Pinkley: Personnel
        1. Ald. Hansen: Parks and Annexation
        2. Ald. Harry Simons Parks and Annexation Ald. Gregory Streets
        3. Ald. King: Planning. Recorder/TreasurerBarnes: Town Image
      11. Municipal Clerk workshop - Motion was made by Ald. King and seconded by Ald. Hansen
      12. Diane Bowens retirement party-Ald. Gregory to set up dinner at Copelands for council members and Diane Bowens immediate family. Date to be set.

    Announcements:

    1. Senate Bill 138

    Adjournment

    Motion was made by Ald. King to adjourn meeting. Seconded by Ald. King. All approved. Motion carried. Meeting was adjourned at 8:45 pm.

    Respectfully submitted,
    Nanette Barnes

    Recorder-Treasurer

     

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