Minutes of Regular Meeting
December 9, 2008
7:00 PM
Present: Mayor Thomas O’Dell, Recorder-Treasurer Diane Bowen
ALD: Darlene Gregory, Herb Hawkins, Kathy Hansen, Kathleen Shields, Dennis Pinkley
Guests: Jeanne Varnell, Clayton Kelley and daughters Lesha and Mishe, Frankie Elliott, Kathy Bowman, Nick Wilkerson
Minutes of Regular Meeting
January 13, 2009
7:00 PM
Present: Mayor Thomas O’Dell, Recorder-Treasurer Diane Bowen
ALD: Darlene Gregory, Herb Hawkins, Kathy Hansen, Kathleen Shields, Dennis Pinkley
Guests: Larry and Pam Utter, Wayne Allen, Nick Wilkerson
Mayor O’Dell called the meeting to order at 7:00 PM, declared a quorum was present and welcomed the guests.
The minutes of December 9 regular meeting were approved by acclamation. The minutes of special meeting held December 18 were approved, as amended, on a motion by Ald. Hansen, seconded by Ald. Gregory. All approved. Motion carried.
December financial report was reviewed and approved on a motion by Ald. Hansen, seconded by Ald. Pinkley. All approved. Motion carried.
Avoca Fire & Rescue –Bowen reported on Fire Chief Frankie Elliott’s submitted report. 347 runs made in 2008; equipment has been moved into new substation located at 17307 Posy Mt. Road; substation was in service December 21st; 2009 fire dues for Avoca residents will be mailed soon; Elliott reported he has not received plans for Edwin Well’s business, Good Wood; department wants to wait until completion of Benton County Water’s upgrade (July 2009) before having 2009 ISO inspection.
Zoning – Nick Wilkerson reported the fire department is looking into a ‘train burn’ on the Smith home on Woods Lodge Road; Mr. Reddick, 310 Pearl, has contacted him about possibly building a shop; working with FAA concerning height restrictions on Mr. Wells’ buildings at 802 S. Highway 62; delay in brick work on addition at 300 Hobbs; Benton County Health Department has gotten involved with Mr. Kelley’s mobile homes on Prairie Creek Road; had run in with resident at 410 Sheppard Road concerning vehicles and talked with another resident on Sheppard Road about a ‘parking pad’ for vehicle/trailer.
Bowen reported during the last month, we have come across a new process that will be for ‘conditional use’ procedures.
Town Minutes of Regular Meeting
January 13, 2009
Page 2
Mr. and Mrs. Utter were present to discuss the lots they own on Rose Street. They own platted lots 7, 8 and 9 which total .48 acre or 780 square feet shy of ½ acre. They have a prospective buyer for the property but according to Avoca Ordinance 76 the minimum area for a residential lot is ½ acre. After full discussion, Ald. Pinkley moved the Town allow a residence to be built on platted plots 7, 8, and 9 of the Hayes addition on Rose Street, provided all setbacks can be met, and all other aspects of the zoning ordinance followed. Ald. Shields seconded the motion. All approved. Motion carried.
Wayne Allen, Benton County Water, was present to discuss an easement the water district needs for their water line improvements project. They would like to run a line on the west side of the town’s property by Hobb’s Estates then follow the existing 15 foot easement on the west side of Old Wire Road to the Tucks Chapel railroad crossing. Mr. Allen stated a new hydrant (2) will be installed on park west and on Prairie Creek Road by the fire department. Council noted they would like the proposed line that would be run on the west side of town’s property to be on the ‘high side’ of the ditch/drainage line.
After full discussion, Ald. Hansen moved the Town allow the 20 feet easement, as discussed, in exchange for Benton County Water District installing a culvert under Old Wire Road to drain water from the west side of Old Wire Road into the ditch/drainage line. Town to furnish culvert. Ald. Shields seconded the motion. All approved. Motion carried.
Mayor O’Dell and Wayne Allen to meet and look at the job before the easement is drawn up.
Committee Reports:
3. Mapping/addressing – Bowen to contact Congressman John Boozman.
4. Street and traffic lights – Ald. Shields to make contact to have street light in park repaired. It was reported there was a few days the traffic signal was not working properly, but Frankie Guyll is on top of it.
Minutes of Regular Meeting
January 13, 2009
Page 3
5. Park
a. 911 address for ‘depot’ pavilion is 223 North Old Wire Road.
b. Leaves around the sandbox to be removed; lattice on fence by small play area needs repaired.
c. Mayor O’Dell reported he is soliciting donations for the veteran’s memorial.
d. Sign for the ‘depot’ was discussed.
e. Ald. Hansen reported there will not be a stagecoach run in 2009.
6. Town web site/internet service – no report
7. Banners have been changed out.
Permits:
Business Permits
1. Business permit has been issued to Good Wood located at 802 S. Hwy 62.
2. Eight business permit renewals were issued to Latham Cabinets, Inc., Freedom Fire Pro LLC, Austin Welding Service, Inc., Benton County Water District #1 PWA, Hawkins P.C. & I. Inc., The Blue Dolphin Flea Market, Fulton Waste and Sustainability Services and Trotter’s Tree Service.
Building Permits
Unfinished Business:
1. Municipal court and police department – no report
2. Billboards –
a. Mayor O’Dell had his deposition.
b. Lights are back on the billboard. Ald. Gregory asked if a petition from the residents concerning the billboards would help the issue. No action taken.
c. Bowen reported the Town received another FOI request from Attorney Ed Daniel IV on December 23. Requests were to inspect and copy business application(s) and permit(s) issued to Wingate Outdoor Advertising and Clear Channel for their billboards and all other business permits issued under Ordinance 69 and/or 43 since 1984 for businesses that have no employees within the Town of Avoca.
Bowen responded to FOI request on December 24.
3. Properties with unsightly conditions:
a. Bowen reported Dave Corley, State Police, made contact with Mr. Rodriguez, Shalom Auto Repair and Body Work, on December 31st. Mr. Corley reported he witnessed work orders on the majority of vehicles, his big customer is a car dealer and he does not believe Mr. Rodriguez is selling vehicles. Mr. Corley also reported he suggested to Mr. Rodriguez that he answer/reply to the Town’s letter requesting a listing of all vehicles on his property and whether they are registered and/or bear current license permits.
Minutes of Regular Meeting
January 13, 2009
Page 4
To date the town has not received a response. Due to the language barrier, Bowen suggested the possibility of talking with Mr. Rodriguez and see if the Town can contact the car dealer he is working with, to let them know the business is not a storage facility.
b. Mayor O’Dell talked with Kathy McIver concerning the vehicles on her property at 420 Sheppard Road and thought she would be in attendance. Bowen to write the McIver’s a letter concerning the vehicles.
c. Bowen reported a registered letter was sent to Pruitt residence at 229 Russell Road concerning the unsightly and unsanitary conditions. To date the letter has not been signed for.
4. Mayor O’Dell reported on the two (2) vacant trailers on Rader Road. The old trailer is no longer visible from Highway 62 and the second trailer that Mr. Galindo would like to find a home for may have a window or two missing. Council agreed the second trailer can stay on the property, as long as it is safe, until April 15 and the remnants, metal, etc. of the trailer that has been torn down needs to be removed from the property this summer.
New Business:
1. Bowen reported Senator Cecile Bledsoe has advised the town there is a possibility the streamlined sales tax may be postponed until it becomes a federal law. It was discussed the intent of the state was to pick up lost internet sales.
2. Ald. Gregory to re-contact her ‘dryvit’ contact and Ald. Hansen to also supply Bowen with another dryvit specialist.
3. Bowen reported the Town cannot put the community building under our insurance with Arkansas Municipal League.
4. Mayor O’Dell swore aldermen into office on Thursday, January 8th.
5. Statement of financial interests to be filed with Bowen by January 31st.
6. Storage/counter space in recorder/treasurer office is needed. A bid from Latham Cabinet was submitted for a 96" desk credenza, 84" tall with finished ends and finished wood top; 2 adjustable roll out shelves; oak; stain and finished - $3227.00
Ald. Shields, seconded by Ald. Pinkley, moved we obtain a bid from Moser Corp, and let Mayor O’Dell use his discretion. All approved. Motion carried.
7. Mayor O’Dell reported VAS has a new board and he will be attending their meeting in the near future.
8. Mayor O’Dell reported he had received a complaint concerning the water run off on Mr. Well’s property. Mayor believes he is in compliance with AEDQ.
Ald. Hawkins moved the meeting be adjourned at 10:10 PM. Ald. Shields seconded the motion. All approved. Motion carried.
Minutes of Regular Meeting
January 13, 2009
Page 5
Respectfully submitted,
Diane Bowen
Recorder- Treasurer
Approved_______________________________
Mayor Thomas O’Dell
Attest___________________________________
Recorder-Treasurer Diane Bowen
Minutes of Regular Meeting
February 10, 2009
7:30 PM
Present: Mayor Thomas O’Dell, Recorder-Treasurer Diane Bowen
ALD: Darlene Gregory, Herb Hawkins, Kathy Hansen
Absent: ALD: Kathleen Shields, Dennis Pinkley
Guests: Jeanne Varnell, Nick Wilkerson
Mayor O’Dell called the meeting to order at 7:35 PM, declared a quorum was present and welcomed the guests.
The minutes of January 13 regular meeting were approved by acclamation.
January financial report was reviewed and approved by acclamation.
Avoca Fire & Rescue –Bowen reported on Fire Chief Frankie Elliott’s submitted report. New sub-station - getting bids for septic system; working with Town and BC Fire Marshall to make sure Mr. Well’s business/project meets Ar. Fire Codes; 2009 fire dues mailed to Avoca residents; working on getting required paperwork done for 2009 ISO inspection; maintenance done on trucks, equipment and stations; spaghetti dinner ‘fund raiser’ a success; several calls during ice storm for downed trees and power lines; both stations ran generators, as needed, during the storm, due to loss of power; board meetings have been changed to the second Wednesday of each month.
Zoning – Nick Wilkerson reported he is still working with the FAA concerning height restrictions; project at 300 Hobbs complete, except for construction trash to be picked up; Mr. Clayton Kelley has sold his trailer and it should be gone from his property in 7 – 10 days; a verbal was given to owner of property at 420 Rose concerning their abandoned travel trailer. Nick also mentioned Ms. Higgins, BC environmental office, has also been to the Clayton Kelley property. Nick to look into getting ‘dog spray’, due to his run in with dogs.
Committee Reports:
Town Minutes of Regular Meeting
February 10, 2009
Page 2
3. Mapping/addressing – Bowen contacted Congressman John Boozman, received an authorization form from him to fill out, and has returned the form. No further information received. Bethel Heights in another town with similar situation.
4. Street and traffic lights – all in working order
5. Park
a. There will be an organizational meeting at Town Hall on February 14 for ‘pickers’. Hope is to have ‘pickin’ in the park once the weather turns good.
b. Mayor O’Dell reported he is soliciting donations for the veteran’s memorial.
c. Mayor O’Dell reported he has been talking with James Bailey, Ghost Rider’s Association, on having the town host the moving Tomb of the Unknown Soldier September 17 – 19. Having a POW/MIA ceremony during the same time may be done also.
6. Town web site/internet service – no report
7. Bowen to make contact with Becky Hedden to set up vendor’s meeting for the Farmers Bazaar.
8. Mayor O’Dell to work with Ald. Hawkins to get poles set for large banner to cross Old Wire Road.
Permits:
Business Permits
1. Seven (7) business permit renewals were issued to Sunny & Hair Tanning & Hair Salon; Williams Tree & Lawn Service, Inc.; Street Customs; Akins Motorsports; Chrysalis Studio; Yulianita’s Mexican Restaurant and Avoca Auto Sales, Inc.
Building Permits – none issued
Unfinished Business:
1. Municipal court and police department – no report
2. Billboards – Bowen reported, per Andrew, he attended a scheduling hearing on January 20th; Mr. Ed Daniel has suggested instead of a trial, to submit case to court on briefs; and per attorney’s research Avoca can regulate. A pre-trial hearing is scheduled for July 14 @ 1:30 pm. This hearing will be to sort any evidence issues prior to trial, if
Minutes of Regular Meeting
February 10, 2009
Page 3
we choose to go that way instead of submitting the matter on briefs. Trial date is set for Thursday, July 23 at 8 am. Trial is scheduled to last one day.
3. Properties with unsightly conditions:
a. Shalom Auto Repair & Body Work – Deadline on business permit renewal is due March 1. Council decided to wait until after March 1 to take further action.
b. McIver property at 410 Sheppard Road – Bowen reported she sent a registered letter to Mr. and Mrs. Daniel McIver and they received on January 26. Letter asked that "all cars, vans, trailers, recreational vehicles, boats, etc. that are inoperative or junk and not registered and bearing a current license permit be restored to functional use, disposed of in a manned not prohibited by Ark. Code Ann. Section 8-6-401 – 8-6-417, or placed in an enclosed building, within thirty (30) days of receipt of this notice."
c. Bowen reported the registered letter sent to Pruitt residence at 229 Russell Road has been returned ‘unclaimed’. Bowen to have letter served.
New Business:
1. Streamlined sales tax – no update
2. Two bids were submitted for the stucco repairs needed done on town hall.
a. Wortman Smart Plastering, LLC submitted a bid in the amount of $3,368 to apply base coat over panels with cracks, imbed fiberglass mesh in base coat, apply finish coat, to match color and texture as close as possible.
b. Sergio Moreno submitted bid in the amount of $5,500 to power wash building, repair cracks with fiberglass, and paint all stucco, with color of choice.
Mayor O’Dell mentioned using epoxy with the paint. After full discussion, it was decided to contact Ken Shaner for his suggestions.
3. Bid submitted from Moser Corp. for credenza and stack on was $1764. It was mentioned the bids are not really comparable, due to workmanship.
7. Mayor O’Dell reported he had attended VAS board meeting. They are trying to change from ‘basic life support’ to ‘advanced life support’. He will be attending another meeting in the near future.
Ald. Hansen moved the meeting be adjourned at 9:05 PM. Ald. Gregory seconded the motion. All approved. Motion carried.
Respectfully submitted,
Diane Bowen
Recorder- Treasurer
Minutes of Regular Meeting
February 10, 2009
Page 4
Approved_______________________________
Mayor Thomas O’Dell
Attest___________________________________
Recorder-Treasurer Diane Bowen
Minutes of Regular Meeting
March 10, 2009
7:00 PM
Present: Mayor Thomas O’Dell, Recorder-Treasurer Diane Bowen
ALD: Darlene Gregory, Herb Hawkins, Kathy Hansen, Kathleen Shields, Dennis Pinkley
Guests: Billy Reddick, Shirley Smith
Mayor O’Dell called the meeting to order at 7:00 PM, declared a quorum was present and welcomed the guests.
The minutes of February 10 regular meeting were approved by acclamation.
February financial report was reviewed and approved as presented on a motion by Ald. Hansen, seconded by Ald. Hawkins. All approved. Motion carried.
Bowen reported the 2008 financial statement was published 2/24/09.
Avoca Fire & Rescue –Bowen reported on Fire Chief Frankie Elliott’s submitted report. New sub-station - base radio installed; SB331 is out that will allow fire dept to collect dues on property tax – if passed, will require vote of the people in Avoca; have fire pump and fire hydrant display on wheels for ISO points and training; building pumper service flow tester for yearly test of fire trucks; equipment on order for needed ISO points; new requirement (ansi-107/207, class 2) for safety vests when working on highways and roads – 30 ordered; spaghetti dinner ‘fund raiser’ netted $1095; researching grants for a generator to run the main station in Avoca. If the department had an alternate power source, it could be used as an emergency shelter for the community, if needed. Applying for grants through federal government for a rescue/service truck; some of Avoca personnel are helping man an ambulance for VAS; need to start planning June BBQ. .
Zoning –
Town Minutes of Regular Meeting
March 10, 2009
Page 2
time, date and place of the public hearing; supplied drawing of his property with house and outbuildings.
After full discussion, Ald. Hawkins moved the request to change Mr. Reddick’s property from R1 to R2 be granted. Ald. Shields seconded the motion. All approved. Motion carried.
Committee Reports:
After full discussion, Ald. Hawkins, seconded by Ald. Pinkley, moved the job be awarded to Tomlinson Asphalt. All approved. Motion carried.
3. Mapping/addressing – Bowen to follow up with Congressman John Boozman, concerning Avoca addressing.
4. Street and traffic lights – Ald. Shields to check street light at BC 74 and Rose Street.
5. Park
a. Mayor O’Dell reported there may be ‘Pickin’ in the Park.
b. Mayor O’Dell reported he has signed a contract with National Ghost Rider Association to have ‘traveling tomb of the Unknown Soldier’ on Town grounds for public display September 17 – 19. $1500 donation was made from the Town to assist in transportation, set up and display for the event. The display is ¾ size and will be the first time seen in Arkansas. The Ghost Riders Association will donate 15% over costs to the ‘Veterans Memorial’ Mayor O’Dell would like to have in front of Town Hall.
The VFW may also have their POW/MIA display at the same time.
c. Mayor O’Dell to work with Ald. Hawkins to get poles set for large banner
to cross Old Wire Road.
6. Town web site/internet service – Ald. Hawkins submitted bill for domain.
Minutes of Regular Meeting
March 10, 2009
Page 3
Permits:
Business Permits
Building Permits – none issued
Unfinished Business:
1. Municipal court and police department – no report
2. Billboards – Mayor O’Dell reported the case will be submitted to the Judge on briefs and will not go to trial. Alderman Gregory and Recorder-Treasurer Bowen to be deposed sometime in April.
3. Properties with unsightly conditions:
a. Shalom Auto Repair & Body Work – Bowen reported Horacio Rodriquiz has submitted his 2009 business permit renewal application. Due to number of vehicles and unsightliness of property, Bowen did not approve and brought before Council. Mr. Rodriquiz has agreed to meet with Council members at his business to review vehicles and conditions.
b. McIver property at 410 Sheppard Road – Bowen reported Kathy McIver called the office and reported all vehicles on her property are tagged.
c. Bowen reported registered letter was served to Pruitt residence at 229 Russell Road, concerning unsightly conditions. It was agreed, effort has been made by property owners to bring their property in compliance with Ordinance No. 80.
Minutes of Regular Meeting
March 10, 2009
Page 4
New Business:
1. Streamlined sales tax – no update
2. Bowen contacted Ken Shaner concerning the cracks on the outside of Town Hall and what he knew about painting with epoxy. His recommendation was to contact Don Hall, painter. Mr. Hall looked at the building, researched ‘epoxy’ and met with Mayor O’Dell and rep from Sherwin Williams and submitted proposal of $3573 to paint blocks, stucco, repair cracks, silicone all windows, repaint doors/trim, power wash and treat for algae and scrape and prime wood ceiling and paint entrance. Ald. Hawkins, seconded by Ald. Gregory, moved to accept proposal from Don Hall. All approved. Motion carried.
3. Latham Cabinets lowered their bid for credenza and cabinets. Cost - $2316 - completed and installed.
4. Ald. Gregory and Bowen to work on new 2009-2010 Avoca Civic Guides.
5. Bowen reported she will be taking off Thursday, March 12 and Monday, March 16. Bowen will be off for two (2) weeks in June.
6. No update on VAS.
7. Federal flood insurance program – After full discussion, Ald. Hansen moved the Town proceed with application, once Mayor O’Dell is satisfied with information concerning financial and/or federal penalties. Ald. Pinkley seconded the motion. All approved. Motion carried.
Bowen to contact Jeff Hawkins, NWA Regional Planning Commission.
8. Ald. Hansen, seconded by Ald. Hawkins, moved the Council proceed with changing from Ordinance No. 76, with zoning official and board of adjustment to Planning Commission, under Ordinance No. 74. All approved. Motion carried. Bowen to contact Jeff Hawkins, NWA Regional Planning Commission.
9. Annual community picnic will be held, Saturday, June 20th.
10. Dominic Smith will be working for the Town during spring break.
11. Shirley Smith was present and reported she had found old paperwork from Concerned Citizen Group, non-profit organization, formed several years ago. Ms. Smith to contact Trella Scates, concerning organization, checking account, etc.
Ald. Hansen moved the meeting be adjourned at 9:50 PM. Ald. Gregory seconded the motion. All approved. Motion carried.
Mayor O’Dell called an executive session.
Present: Mayor O’Dell, ALD: Hansen, Gregory, Shields, Hawkins, Pinkley
Session was called to review job performance of Nichlous Wilkerson, Zoning Official.
After full discussion, it was the unanimous decision of the Council the skills of Nichlous Wilkerson do not meet the standards for position of zoning official.
Minutes of Regular Meeting
March 10, 2009
Page 5
Meeting adjourned 10 pm on a motion by Ald. Hansen, seconded by Ald. Shields. All approved. Motion carried.
Respectfully submitted,
Diane Bowen
Recorder- Treasurer
Approved_______________________________
Mayor Thomas O’Dell
Attest___________________________________
Recorder-Treasurer Diane Bowen
www.avocaarkansas.info
Minutes of Regular Meeting
April 14, 2009
7:00 PM
Present: Mayor Thomas O’Dell, Recorder-Treasurer Diane Bowen
ALD: Darlene Gregory, Herb Hawkins, Kathy Hansen, Dennis Pinkley
Absent: Ald. Kathleen Shields
Guests: Jeanne Varnell
Mayor O’Dell called the meeting to order at 7:05 PM and declared a quorum was present.
The minutes of March 10 regular meeting were approved as corrected on a motion by Ald. Hawkins, seconded by Ald. Hansen. All approved. Motion carried.
March financial report was reviewed and approved on a motion by Ald. Hansen, seconded by Ald. Gregory. All approved. Motion carried.
Avoca Fire & Rescue –Bowen reported on Fire Chief Elliott’s submitted report. Training burn was done the night of 4/11/09 @ 569 Woods Lodge Road. Annual meeting will be held May 1 @ 7:00 pm. 130 runs to date.
Zoning –
Laurie Frost, 420 E. Rose, was in town and has corrected some of the conditions on her property. It was noted the underpinning on the trailer has been taken off and it looks as if they are getting ready to move it.
Ordinance No 82, an ordinance rezoning certain property belonging to Billy and Virginia Reddick from R1 to R2 was introduced and read in its entirety. Ald. Hawkins, seconded by Ald. Hansen, moved the first reading of Ordinance No. 82 be accepted. All approved. Motion carried. Ald. Hansen moved the rules be suspended and Ordinance No. 82 be placed on its second reading by title only. Ald. Gregory seconded the motion. All approved. Motion carried. Title of Ordinance No. 82 was read. Ald. Gregory, seconded by Ald. Hansen moved the second reading be approved. All approved. Motion carried.
Letter to be send to resident @ 260 Hobbs Road concerning their fence. Problem to be rectified within 15 days.
Mayor O’Dell reported he will appoint members of the planning commission at a later date.
Town Minutes of Regular Meeting
April 14, 2009
Page 2
Committee Reports:
Clean Up – Saturday, May 9th. Bowen reported the County will supply a trailer again for tire collection. Fire department will not be collecting metal this year. $50 cash drawing to be given away @ 11 am. Must be present or still working to win. Bowen to contact local 4-H group, newpaper and BCWD#1, to see if they can add to water bill.
Streets
a. Tomlinson Asphalt Co. has completed the Rader Road resurfacing and patching of Smith Ridge Turn-Off.
b. Mayor O’Dell reported he would like to have debris cleaned up on BC 74 before clean up on May 9.
3. Mapping/addressing – Bowen reported she had heard from both Congressman John Boozman and US Postal Service concerning Avoca addressing. Again the postal service would like to use Avoca in our addresses, but with Rogers’s zip code. If Council approves this possibility the Postal Service will survey all customers who would be affected by the proposed change. A simple majority of the survey respondents is adequate for approval.
Ald. Pinkley moved the Town notify US Postal Service that the Council approves using Avoca, AR 72756 as address for those in Avoca that have street delivery. Ald. Hawkins seconded the motion.
Roll Call: Ayes: ALD: Pinkley, Hawkins, Hansen
Abstain: Ald. Gregory
Motion carried.
Bowen to notify US Postal Service of Council’s decision and send them a list of all addresses in Avoca.
4. Street and traffic lights – no known issues
5. Park
a. New mower, trimmer purchased.
b. 2009 Apple Shed recipient was discussed.
c. Ald. Hansen to order soccer nets and lay out where she wants goals placed.
6. Town web site/internet service – no issues
7. Farmer’s Market - Bowen reported there are twelve (12) vendors. Market started April 11th on Highway 62 and will move to ‘depot’ pavilion Saturday, May 16.
It was suggested by Becky Hedden the Town sponsor a town yard sale on a Saturday to be held across from the pavilion at Town Hall to help draw traffic. No action taken.
8. Banners – Bowen to have utility locates done prior to May 9th, where a banner post may be installed.
Minutes of Regular Meeting
April 14, 2009
Page 3
Permits:
Business Permits
Four (4) business permit renewals were issued to Avoca One Stop, Inc., McClelland & Sons, Inc., S & K Dirtworks, LLC and Fulton Properties, Ltd.
New permits were issued to Derick Akins for Street Customs and Akins Motorsports. He has moved to 487 Highway 62 and will be working both businesses out of this location.
S & R Auto Sales were sent a letter, March 19, advising them to cease all business activity at 248 Highway 62 until a copy of their current dealer’s license from the State Police is submitted. Copy of letter was emailed to State Police and Dave Corley, State Police, confirmed receipt.
Bowen reported a letter was sent to Superior Dock, Co. on March 25 requesting their property at 145 South Highway 62 be brought into compliance with Ordinance No. 80 before their 2009 business permit is renewed. Styrofoam must be removed and copies of receipt for disposal of the Styrofoam from the landfill or transfer station must be submitted to Town. As of Friday, April 10 they had one load of Styrofoam yet to go out.
Shalom Auto Repair & Body Work –Horacio Rodriquez works in the evening at his business located at 105 E. Rose. Bowen and Ald. Hawkins to still meet with Mr. Rodriquez concerning the number of vehicles and unsightliness of property, before his business permit is renewed.
Building Permits – none issued
Unfinished Business:
1. Municipal court and police department – no report
2. Billboards – Alderman Gregory and Recorder-Treasurer Bowen to be deposed on Wednesday, May 6th.
3. Mr. Octavio Galindo was given until April 15, by the Council, to remove the vacant trailer on his property on Rader Road. Bowen talked to Mr. Galindo on April 13 and he said the ground has been too wet to move trailer, but he does has someone in Pea Ridge interested in the home. Mr. Galindo to call Bowen on Saturday, April 18, concerning status.
New Business:
Streamlined sales tax – no update
Don Hall should start painting and maintenance on Town Hall around April 27.
3. No update on VAS.
4. Ald. Gregory and Bowen to work on new 2009-2010 Avoca Civic Guides.
Minutes of Regular Meeting
April 14, 2009
Page 4
6. Federal flood insurance program –
a. Resolution 01-09 was introduced. The resolution assures the Federal Emergency Management Agency the Town Council of Avoca will enact as necessary, and maintain in force, in those areas having flood hazards, adequate land use and control measures with effective enforcement provisions consistent with the criteria set forth in Section 60 of the National Flood Insurance Program Regulations. Ald. Hansen, seconded by Ald. Gregory, moved Resolution 1-09 be accepted.
Roll Call: Ayes: ALD: Hansen, Gregory, Pinkley
Nay: Ald. Hawkins
Motion carried.
b. Ordinance No. 83, an ordinance providing for the establishment of a flood damage prevention program for the Town of Avoca, was introduced. Ordinance No. 83 was read in its entirety. Ald. Hansen, seconded by Ald. Pinkley, moved the first reading of Ordinance No. 83 be accepted.
Roll Call: Ayes: ALD: Hansen, Pinkley, Gregory
Nay: Ald. Hawkins
Motion carried.
c. Recorder-Treasurer Bowen attended the 2009 floodplain accreditation workshop presented by Arkansas Natural Resources Commission on March 31 and received the required eight (8) hours of continuing education units.
7. Concerned Citizen Group – It is believed Shirley Smith has contacted Trella Scates concerning the non-profit organization, formed several years ago.
8. Public hearing and special meeting set for Tuesday, April 28th at 7:00 PM. Public hearing on intent of Council to adopt by reference a technical code entitled "Town of Avoca Flood Damage Prevention Code". Items on agenda to include resolution confirming Mayor O’Dell’s appointment of members to the Avoca Planning Commission, 3rd and final reading of Ordinance No. 82, an ordinance rezoning Reddick property from R1 to R2, and consideration of second reading of Ordinance No. 83, an ordinance providing for the establishment of a flood damage prevention program for the Town of Avoca.
9. Due to all the upcoming events in Avoca through the end of the year the need for a better portable sign or signage was discussed. Bowen was asked to gather information on electronic message centers.
10. Ald. Hansen requested ‘4 wheelers on Rader Road’ be added to agenda, per a residents request. Resident did not show for meeting and topic was not discussed.
Minutes of Regular Meeting
April 14, 2009
Page 5
Ald. Pinkley moved the meeting be adjourned at 10:00 PM. Ald. Gregory seconded the motion. All approved. Motion carried.
Respectfully submitted,
Diane Bowen
Recorder- Treasurer
Approved_______________________________
Mayor Thomas O’Dell
Attest___________________________________
Recorder-Treasurer Diane Bowen
www.avocaarkansas.info
Minutes of Public Hearing and Special Meeting
April 28, 2009
7:00 PM
Present: Mayor Thomas O’Dell, Recorder-Treasurer Diane Bowen
ALD: Darlene Gregory, Herb Hawkins, Dennis Pinkley, Kathleen Shields, Kathy Hansen
Guests: Roy and Trella Scates, Lynn Daves, Jerry Trotter, Wayne Casey,
Loretta Hawkins, Jeff Hawkins, NWA Regional Planning Comm.
Mayor O’Dell called the meeting to order at 7:10 PM and declared a quorum was present.
Public hearing was held to inform the residents of the intent of the Town Council to adopt by reference a technical code entitled "Town of Avoca Flood Damage Prevention Code" and to gather input.
Notice of hearing was published and also posted in Avoca.
Jeff Hawkins was present to help explain the program and answer questions. Topics discussed included subsidized flood insurance, compliance of program, manpower, benefits, and other forms of FEMA disaster assistance. If Avoca adopts the program it would only apply to incorporated or annexed areas. No application fees.
After question and answer session, the majority of guests in attendance were in favor of program.
Council went into special meeting.
Mayor O’Dell appointed Ronnie Smith, Loretta Hawkins, Jordan Sullivan, Lynn Daves and Trella Scates to the Avoca Planning Commission, serving various terms.
Resolution 2-09, a resolution confirming the appointment of members to the Avoca Planning Commission, was introduced and read.
Ald. Hansen moved Resolution 2-09 be approved. Ald. Pinkley seconded the motion. All approved. Motion carried.
Resolution to be posted.
Once the planning commission meets they will set the planning area. Avoca does not zone the planning area, but can regulate sub-divisions, infrastructure, etc.
Minutes of Public Hearing and Special Meeting
April 28, 2009
7:00 PM
Ald. Hansen, seconded by Ald. Pinkley moved Ordinance No. 82, an ordinance re-zoning certain property belonging to Billy and Virginia Reddick from R1 to R2, be placed on its third and final reading by title only. Ordinance No. 82 was read by title only. Ald. Hawkins, seconded by Ald. Shields, moved the third and final reading be accepted. All approved. Motion carried.
Ordinance No. 82 to be posted.
Ald. Hansen moved Ordinance No. 83, an ordinance providing for the establishment of flood damage prevention program for the Town of Avoca, be placed on its second reading. Ald. Shields seconded the motion. All approved. Motion carried. Ordinance No. 83 was read by title only. Ald. Hansen, seconded by Ald. Pinkley, moved the second reading of Ordinance No. 83 be accepted.
Roll Call: Ayes: ALD: Hansen, Pinkley, Shields, Gregory
Nay: Ald. Hawkins
Motion carried.
Ald. Pinkley, seconded by Ald. Shields, moved the meeting be adjourned. All approved. Motion carried.
Respectfully submitted,
Diane Bowen
Approved_____________________
Mayor Thomas O’Dell
Attest_______________________
Recorder-Treasurer Diane Bowen
www.avocaarkansas.info
Minutes of Regular Meeting
May 12, 2009
7:00 PM
Present: Mayor Thomas O’Dell, Recorder-Treasurer Diane Bowen
ALD: Darlene Gregory, Herb Hawkins, Kathy Hansen, Dennis Pinkley, Kathleen Shields
Guests: Jeanne Varnell, Shirley Smith, Larry Slingsby, Robbie Smith
Mayor O’Dell called the meeting to order at 7:00 PM and declared a quorum was present.
The minutes of April14 regular meeting were approved as corrected on a motion by Ald. Hansen, seconded by Ald. Hawkins. All approved. Motion carried.
Minutes of April 28 special meeting were approved as written by acclamation.
April financial report was reviewed and approved by acclamation.
Avoca Fire & Rescue –Bowen reported on Fire Chief Elliott’s submitted report. Maintenance done on Station No. 1. 161 runs to date.
Zoning –
b. Certified letter was sent to resident @ 260 Hobbs Road concerning their fence. Property owner in process of taking down fence. Owner was given until May 15th to correct.
c. Zoning official has not been appointed by Mayor to date.
d. Date for first planning commission meeting to be set.
e. Jeanne Varnell, member of board of adjustment, asked about the criteria for the members of the planning commission, what the relationship is between the planning commission and board of adjustment and suggestions for agenda for board of adjustment meeting.
Committee Reports:
1. Spring Clean up was held May 9. Best attendance ever. Great job done by all.
Town Minutes of Regular Meeting
May 12, 2009
Page 2
2. Streets -
a. Benton County 74 ditch line – some debris has been cleaned up from ice storm, but still lots to do on both side of BC 74.
b. Town received one complaint concerning a culvert on Rader Road, but Tomlinson Asphalt corrected problem.
c. Robbie Smith was in attendance to address the water issues he is having due to the ditch line work the Town did on Benton County 74 (Woods Lodge Road). Mr. Smith lives on the north side of Woods Lodge Road at the bottom of the hill and his shop has been flooded several times. Mr. Smith stated he has two (2) culverts and due to the increased flow of water, they are not big enough and clog with rocks, leaves, branches, and other debris. He also thinks there needs to be a ditch between the 2 culverts. Ald. Hawkins moved the Town revisit that stretch of road and appropriate the funds to resolve the culverts and ditch in front of Mr. Smith’s property. Ald. Gregory seconded the motion. All approved. Motion carried.
Mayor O’Dell suggested ‘baffles’ in the ditch line to slow the water down and he is to contact an engineer with McClinton Anchor.
3. Mapping/addressing – Bowen reported she has notified US Postal Service of Council’s decision to use Avoca, Ar. 72756 as delivery address and has sent them a list of all addresses in Avoca. Bowen sent a newsletter to Town residents and included a section explaining the Council’s action and that they should receive a letter from Postal Service to cast their vote.
4. Street and traffic lights – no known issues
5. Park -
a. Isaac Daves has been rained out and will be starting ‘scout’ project in the near future.
b. Soccer and volleyball nets have been ordered.
c. Ald. Hansen reported a 30’ X 60’ area will need to be excavated for the sand volleyball. Sand should be 12" deep. Hansen estimated we will need 67 cubic yards of sand @ $500/16 cubic yards. Using railroad ties as buried border was discussed. Ald. Hansen to talk to Ronnie Smith to see if volleyball court can go over septic system area.
d. Ald. Hansen reported Cherokee Trail of Tears will be celebrating their anniversary by a 1500 mile bike ride. Avoca should be getting a ‘sign’ since we are on the Trail of Tears route.
e. It was suggested the ‘unveiling’ of the veteran’s memorial take place in November around Veteran’s Day.
6. Town web site/internet service – no issues
7. Farmer’s Market - Bowen to check further into helium balloons that can be seen on Highway 62 from the ‘depot’ pavilion. 4-H Club had asked about selling snow cones and cotton candy for fund raising and recruiting at the Farmer’s Market. Health Department is OK with the two (2) items since they are not potential hazards.
Town Minutes of Regular Meeting
May 12, 2009
Page 3
8. Banners/Signage – Estimated cost for a 20 X 5 banner is $1,000. Bowen reported she had met with Brian Kamps, Best Banner & Sign, and looked at the ideal area on Hwy 62 for an ‘electronic message center’ (EMC). Waiting on suggestions, costs, etc. from Best Banner.
Permits:
Business Permits
Building Permits – none issued
Unfinished Business:
1. Municipal court and police department – no report
2. Billboards – Alderman Gregory and Recorder-Treasurer Bowen were deposed on Wednesday, May 6th at Slinkard Law Firm. Jeff Hawkins, NWA Regional Planning Commission, to be deposed on May 28th. If the case goes to trial it is set for July 28th.
3. Trailer on Rader Road owned by Mr. Octavio Galindo has not been moved.
New Business:
2. Painting of town hall has been delayed due to wet weather. One estimate has been received on guttering: Front of Town Hall - $575; entire building - $1400; front of ‘depot’ pavilion - $575. Bowen to obtain another estimate.
3. VAS update – Mayor O’Dell to try and attend next meeting. He reported the ambulance station is being manned 24 X 7 and their response time has been great. The board is still researching the possibility of going to advanced life support. Mayor O’Dell stated it may take the towns/communities of Avoca, Garfield, Gateway and Lost Bridge to help with funding for the necessary ambulance equipment.
4. Ald. Gregory and Bowen to work on new 2009-2010 Avoca Civic Guides.
5. Federal flood insurance program –
Proposed Ordinance No. 83, an ordinance providing for the establishment of a flood damage prevention program for the Town of Avoca, was discussed and still had some unanswered questions. Ald. Hawkins, seconded by Ald. Shields, moved the 3rd reading of Ordinance No. 83 be tabled for discussion. All approved. Motion carried.
Council to study program.
6. Recorder-Treasurer Bowen will not be working Thursday, May 14 or Monday, May 18th.
Minutes of Regular Meeting
May 12, 2009
Page 4
7. Mayor O’Dell reported he has a planning meeting May 21 with VFW and Ghost Riders concerning the traveling ‘tomb of the unknown soldiers’.
8. Bowen is gathering information on pros and cons of changing from an incorporated town to a city of the 2nd class.
Ald. Shields moved the meeting be adjourned at 9:50 PM. Ald. Pinkley seconded the motion. All approved. Motion carried.
Respectfully submitted,
Diane Bowen
Recorder- Treasurer
Approved_______________________________
Mayor Thomas O’Dell
Attest___________________________________
Recorder-Treasurer Diane Bowen
Minutes of Regular Meeting
July 14, 2009
7:00 PM
Present: Mayor Thomas O’Dell, Recorder-Treasurer Diane Bowen
ALD: Darlene Gregory, Herb Hawkins, Kathy Hansen, Dennis Pinkley, Kathleen Shields
Guests: Larry Slingsby, Wes Baker
Mayor O’Dell called the meeting to order at 7:00 PM and declared a quorum was present.
The minutes of May 12 regular meeting were approved as presented on a motion by Ald. Hawkins, seconded by Ald. Hansen. All approved. Motion carried.
May and June financial reports were reviewed and approved on a motion by Ald. Hansen, seconded by Ald. Hawkins. All approved. Motion carried.
Wes Baker, representing VAS, was in attendance to advise the council of items VAS (Volunteer Ambulance Service) needs and wants. He also updated the council on VAS nine (9) member board and what their goals are. VAS has approximately 4000 households in their district, covering around 220 square miles, and their total income for 2008 was approximately $194,000. Mr. Baker reported VAS has been in operation for eleven (11) years and has seen lots of changes. There are no longer any volunteers. All six (6) EMTs are paid employees and they run three (3) shifts. They had 501 runs in 2008. The service would like to stay non-profit.
Avoca Fire & Rescue –Bowen reported on Fire Chief Elliott’s submitted report dated June 9, 2009.
Zoning –
a. Laurie Frost - 420 E. Rose – Mayor O’Dell reported all issues have been completed.
b. Fence at 260 Hobbs Road has been brought into compliance
c. Zoning official has not been appointed by Mayor.
d. Date for planning commission meeting has not been scheduled.
Committee Reports:
Town Minutes of Regular Meeting
July 14, 2009
Page 2
2. Streets
a. Benton County 74 ditch line is still full of debris. Mr. Slingsby recommended Mayor O’Dell contact Isaiah Martinez, resident of Avoca, concerning the job.
b. Mayor O’Dell reported he had talked with Chris Glass, Benton County, concerning the County using their sidewinder on Benton County 74 and leaving debris. Mayor to contact Greg Hines, concerning this issue.
c. Mayor O’Dell reported he met with two (2) representatives from McClinton Anchor concerning the water issues on Benton County 74 and the effect it is having on Robbie Smith’s property. Mayor’s plan is to install ‘raceways’ in the ditch to slow the flow of water, using 4 X 8 blocks. The culverts in front of the Smith property may be part of the problem. Mr. Smith to be contacted and made aware of the Town’s intentions to correct the problem.
3. Mapping/addressing – Bowen reported she called US Postal Service to get an update of using Avoca, Ar. 72756 as delivery address. The proposal has been sent to District Manager and operations. There may be some issues with sorting operations.
4. Street and traffic lights – no known issues
5. Park
a. Ald. Hansen to contact Isaac Daves concerning the use of railroad ties in his landscaping ‘scout’ project.
b. Ald. Hansen reported she met with Ronnie Smith and decided on location for the volleyball court. Mr. Smith will dig out the 36’ X 60’ court for an estimated cost of $1000, for one day’s work. Supplies to be paid by Town. Town will also dig the holes and set the posts.
c. Soccer nets are up.
d. Ald. Hansen reported the town will receive two (2) Cherokee Trail of Tears signs.
e. 2009 ‘apple shed’ recipient was Avoca Fire and Rescue.
f. Mayor O’Dell reported the Ghost Riders will donate to the veteran’s memorial from proceeds of the traveling ‘tomb of the unknown soldiers’.
6. Town web site – Ald. Hawkins reported the web site is up to date.
7. Farmer’s Market - Bowen reported the Farmer’s Market has been slow and the vendors are getting more traffic when set up on Highway 62. Balloons and helium are on hand and ready to use. Contacting Jehovah’s Witness Kingdom Hall was suggested, to see if their parking lot could be used on Saturdays for the market.
8. Banners/Signage
a. It was decided to remove banner posts on Old Wire Road from agenda due to the estimated cost of 20’ X 5’banners.
b. Brian Kamps, Best Banner & Sign, submitted drawing and specs and estimate of $85,000 for a 25.6’ X 18’ ‘electronic message center’ (EMC).
Town Minutes of Regular Meeting
July 14, 2009
Page 3
Permits:
Business Permits
1. Bowen reported she contacted Dirtwork, Inc. and they have moved their business to 829 N. Old Wire Road. They have submitted their business permit application and fee, but do not have a current contractor’s license. Business permit has not been issued.
2. Shalom Auto Repair & Body Work – Bowen was instructed to send another registered letter concerning their unsightly conditions and number of vehicles on property. Issue to be turned over to attorney, if they do not bring property into compliance, so they can be issued a business permit.
Building Permits – none issued
Unfinished Business:
1. Municipal court and police department – no report
2. Billboards – Mayor O’Dell reported the Town filed a counter claim/injunction so that if the Town wins the case, the signs will have to be taken down. Mayor and Bowen to meet with attorney on July 21st and court date is set for July 23rd. Mayor O’Dell reported Statewide Outdoor Advertising will drop the lawsuit if the Town purchases the signs for $35,000 each or a total of $70,000.
In response to their offer, Ald. Hawkins, seconded by Ald. Hansen, moved the Town of Avoca will incur zero cost and require quit claim deeds on both structures. The Town will not be subject to leasing fees for property for which the structures are on. Mr. Gentry and Statewide Outdoor Advertising are to drop the current lawsuit against the Town of Avoca. The Town of Avoca shall have ingress and egress rights to signs, to address any needs the Town may have.
Roll call: Ayes: ALD: Hawkins, Hansen, Gregory, Shields, Pinkley
All approved. Motion carried.
3. Trailer on Rader Road owned by Mr. Octavio Galindo has still not been moved. Bowen was instructed to contact Mr. Galindo one more time and if no response, turn over to attorney.
New Business:
1. Streamlined sales tax – Bowen reported Cecile Bledsoe said "there is no reprieve to the ‘streamlined sales tax".
2. Painting of town hall has been completed along with the guttering. The front of ‘depot’ pavilion has also been guttered.
3. Bowen reported she is hoping to have the 2009-2010 Avoca Civic Guides done in the near future.
4. Federal flood insurance program – 3rd reading of Ordinance No. 83, an ordinance providing for the establishment of a flood damage prevention program for the Town of Avoca, was tabled again.
Minutes of Regular Meeting
July 14, 2009
Page 4
6. Report from Benton County Intergovernmental Cooperative Council was given to all council members.
7. Bowen reported we received a quit claim deed from Central United Methodist Church on .02 acres on Highway 62. Ald. Hansen, seconded by Ald. Hawkins, moved to accept the deed. All approved. Motion carried. Bowen to have property surveyed.
8. Bowen to contact property owner/renter on Rose Street that has the dump site.
9. Info was passed out from Swepco concerning their rate increase.
10. Bowen to gather information on the annual November train ride.
11. Mayor O’Dell to attend county zoning meeting on July 21st.
12. Benton County Water to replace 20 feet of sidewalk with a 10 feet round cul-de-sac.
Ald. Hansen moved the meeting be adjourned at 9:40 PM. Ald. Hawkins seconded the motion. All approved. Motion carried.
Respectfully submitted,
Diane Bowen
Recorder- Treasurer
Approved_______________________________
Mayor Thomas O’Dell
Attest___________________________________
Recorder-Treasurer Diane Bowen
www.avocaarkansas.info
Minutes of Special meeting
July 17, 2009
7:30 PM
Present: Mayor Thomas O’Dell, Recorder-Treasurer Diane Bowen
ALD: Kathy Hansen, Kathleen Shields, Darlene Gregory, Dennis Pinkley
Absent: Ald. Herb Hawkins
Guests: Larry Slingsby, Shirley Smith, Rick Austin
Mayor O’Dell called the special meeting to order at 7:35 PM.
Meeting was called to discuss the lawsuit between Statewide Outdoor Advertising, LLC and Sears Gentry vs Town of Avoca. Case No. CV. 2007-18625.
Statewide Outdoor Advertising has agreed to drop the lawsuit and remove the two (2) billboards and return the ground to status quo for $40,000.
Mayor O’Dell reported Statewide received two (2) bids to remove the billboards. One estimate was for $40,000 the other for $49,237.
Rick Austin, Austin Welding, was present and said he would remove the signs for $10,000 plus salvage rights.
Mayor O’Dell suggested the Town offer $10,000 and settle out of court.
After full discussion, Ald. Hansen, seconded by Ald. Shields, moved the Town stand firm on the motion made at the Town’s regular meeting held July 14 and continue course of action.
All approved. Motion carried.
Ald. Pinkley, seconded by Ald. Shields moved meeting be adjourned. All approved. Motion carried. Meeting adjourned at 8:10 PM.
Respectfully submitted,
Diane Bowen
Recorder-Treasurer
Approved_________________________________
Mayor Thomas O’Dell
Attest____________________________________
Rec-Treasurer Diane Bowen
www.avocaarkansas.info
Minutes of Special meeting
July 20, 2009
9:00 PM
Present: Mayor Thomas O’Dell, Recorder-Treasurer Diane Bowen
ALD: Kathy Hansen, Kathleen Shields, Darlene Gregory, Dennis Pinkley
Absent: Ald. Herb Hawkins
Guests: Christine Pinkley
Mayor O’Dell called the special meeting to order at 9:00 PM.
Meeting was called to discuss the lawsuit between Statewide Outdoor Advertising, LLC and Sears Gentry vs. Town of Avoca. Case No. CV. 2007-18625.
After full discussion of case coming before the court on July 23, Ald. Shields moved the Town of Avoca pay Statewide Outdoor Advertising, LLC and Sears Gentry $10,000 to drop lawsuit and all grievances and liabilities with both parties. Sign to be removed within thirty (30) days and the earth to be brought back to original condition and subject to Town approval. Money to be held in escrow by Slinkard Law Firm pending completion. Ald. Hansen seconded the motion. All approved. Motion carried.
Ald. Hansen, seconded by Ald. Pinkley moved meeting be adjourned. All approved. Motion carried. Meeting adjourned at 9:25 PM.
Respectfully submitted,
Diane Bowen
Recorder-Treasurer
Approved_________________________________
Mayor Thomas O’Dell
Attest____________________________________
Rec-Treasurer Diane Bowen
www.avocaarkansas.info
Minutes of Special meeting
July 27, 2009
2:00 PM
Present: Mayor Thomas O’Dell, Recorder-Treasurer Diane Bowen
ALD: Kathy Hansen, Kathleen Shields, Darlene Gregory
Absent: ALD: Herb Hawkins, Dennis Pinkley
Guests: Andrew Huntsinger
Mayor O’Dell declared a quorum was present and called the special meeting to order at 2:02 PM.
Meeting was called to review and discuss a settlement agreement between the Town of Avoca, Statewide Outdoor Advertising, LLC and Sears Gentry
.Attorney Andrew Huntsinger was in attendance to explain the details of the agreement and answer questions. Within thirty (30) days of signed agreement by all parties, Statewide will have the signs taken down; Avoca to pay Statewide $12, 500 to remove the signs; all claims in the lawsuit shall be forever barred and monies will be held by Slinkard Law Firm until Mayor O’Dell reports Statewide has completed the agreed-to work to the satisfaction of Avoca
.After full discussion, Ald. Hansen, seconded by Ald. Shields, moved the settlement agreement be accepted.
Roll Call: Ayes: Ald. Hansen, Ald. Shields, Ald. Gregory
All approved. Motion carried.
Resolution 03-09, a resolution authorizing Mayor O’Dell and Recorder-Treasurer Diane Bowen to execute on behalf of the Town a settlement agreement with Statewide Advertising, LLC and Sears Gentry, was introduced and read in it’s entirety.
Ald. Hansen, seconded by Ald. Gregory, moved Resolution No. 03-09 be approved.
Roll Call: Ayes: Ald. Hansen, Ald. Gregory, Ald. Shield
All approved. Motion carried.
Ald. Hansen, seconded by Ald. Gregory, moved the meeting be adjourned at 2:12 PM. All approved. Motion carried.
Minutes of Special meeting
July 27, 2009
Page 2
Respectfully submitted,
Diane Bowen
Recorder-Treasurer
Approved_________________________________
Mayor Thomas O’Dell
Attest____________________________________
Rec-Treasurer Diane Bowen
Minutes of Regular Meeting
August 11, 2009
7:00 PM
Present: Mayor Thomas O’Dell, Recorder-Treasurer Diane Bowen
ALD: Darlene Gregory, Herb Hawkins, Kathy Hansen, Dennis Pinkley, Kathleen Shields
Guests: Lila and James Hawkins
Mayor O’Dell called the meeting to order at 7:00 PM and declared a quorum was present.
A public hearing was held at the request of Lila Hawkins, dba J & S Auto, Inc., for a conditional use permit at 487 S. Highway 62 for used auto sales and repairs. Notice was published, required property owners were notified and conditional use application was filed. After full discussion, Ald. Hawkins moved the conditional use permit be granted. Ald. Pinkley seconded the motion. All approved. Motion carried.
The minutes of July 14 were approved, as amended, on a motion by Ald. Hansen, seconded by Ald. Shields. All approved. Motion carried.
Minutes from special meetings held July 17, July 20 and July 27 were approved as presented on a motion by Ald. Hansen, seconded by Ald. Shields. All approved. Motion carried.
July financial report was reviewed and approved on a motion by Ald. Pinkley, seconded by Ald. Shields. All approved. Motion carried.
Avoca Fire & Rescue –No report
Planning/Zoning –
a. Zoning official has not been appointed by Mayor.
b. Mayor O’Dell reported he had attended a Benton County planning meeting and Avoca planning commission meeting is being scheduled for the end of August.
Committee Reports:
Minutes of Regular Meeting
August 11, 2009
Page 2
2. Streets
a. Mayor O’Dell reported Isaias Martinez had looked at the Benton County 74 ditch line and estimated a cost of $7.00 a foot to clear ditch line of debris and vegetation 6 feet from asphalt up the bank. It was agreed to offer Mr. Martinez $5.00 per foot to clear all debris and vegetation from the ditch and on the bank 6 feet from blacktop, for 300 feet.
b. It was reported Mr. Smith received his letter from the Town on July 24, concerning the water issues associated with the ditch line on Benton County 74.
3. Mapping/addressing – A letter was received from US Postal Service advising they will not be able to the honor Avoca’s request to change street delivery, due to additional costs and serious processing issues.
4. Street and traffic lights – no known issues
5. Park –
a. Ald. Hansen reported Isaac Daves has completed his landscaping ‘scout’ project.
b. Ald. Hansen reported the final cost for Ronnie Smith to dig out the 36’ X 60’ volley ball court was $1500.00. Ald. Hawkins dug the holes for the post and they have been installed.
c. Bowen to order 2 trash receptacles and 3 benches from Thomas Mfg.
d. Mayor O’Dell reported he has ‘patches’ to sell and proceeds will go towards the Veteran’s Memorial.
e. Mayor O’Dell gave an update on the ‘Traveling Tomb of the Unknown Soldier’ event coming to Avoca on September 18 – 21. Opening ceremony will be Saturday, September 19 @ 11 am.
6. Town web site – Ald. Hawkins reported the web site is up to date.
7. Farmer’s Market - No report
8. Banners/Signage
a. Electronic Message Center (EMC) to be taken off agenda.
Permits:
Business Permits
1. Bowen reported Dirtwork, Inc. should have their contractor’s license by August 20. Business permit has not been issued.
2. Shalom Auto Repair & Body Work – Bowen reported Mr. Rodriquez received his letter August 7, concerning the unsightly conditions and number of vehicles on property. Issue to be turned over to attorney, if they do not bring property into compliance. They have not been issued a business permit for 2009.
Building Permits – none issued
Minutes of Regular Meeting
August 11, 2009
Page 3
Unfinished Business:
1. Municipal court and police department – no report
2. Billboards – Billboards should be removed thirty (30) days from July 29.
3. Mayor O’Dell to meet with Octavio Galindo on Thursday, August 13 concerning his trailer on Rader Road, that has not been removed from his property.
New Business:
1. Federal flood insurance program – 3rd reading of Ordinance No. 83, an ordinance providing for the establishment of a flood damage prevention program for the Town of Avoca, was tabled again. There was discussion the 3rd reading needs to be read in September.
2. Zoning Ordinance will change once the planning commission is established.
3. Mayor O’Dell and Bowen reported on the quit claim deed from Central United Methodist Church. When we went to have the property surveyed, issues come up and for the ‘sliver of property’ (.02 acre), it was not worth the effort or cost.
4. Dump site on Rose Street has been cleaned up.
5. Bowen reported 2006, 2007 and 2008 audit is being conducted.
6. Mayor O’Dell reported the Sheriff may have Town Hall meeting on a Friday in September.
7. Mayor O’Dell reported he will be signing up with Infraguard, at no cost. They are associated with the FBI.
Ald. Pinkley moved the meeting be adjourned at 9:02 PM. Ald. Gregory seconded the motion. All approved. Motion carried.
Respectfully submitted,
Diane Bowen
Recorder- Treasurer
Approved_______________________________
Mayor Thomas O’Dell
Attest___________________________________
Recorder-Treasurer Diane Bowen
Minutes of Re-Scheduled Regular Meeting
September 15, 2009
7:00 PM
Present: Mayor Thomas O’Dell, Recorder-Treasurer Diane Bowen
ALD: Darlene Gregory, Herb Hawkins, Kathy Hansen, Dennis Pinkley, Kathleen Shields
Guests: Larry Slingsby
Mayor O’Dell called the meeting to order at 7:05 PM and declared a quorum was present.
The minutes of August 11 were approved, as presented, on a motion by Ald. Hansen, seconded by Ald. Shields. All approved. Motion carried.
August financial report was reviewed and approved as presented on a motion by Ald. Gregory, seconded by Ald. Hawkins. All approved. Motion carried.
Bowen reported the financial statement for January 1 – June 30 2009 was published in the Morning News August 30.
Avoca Fire & Rescue –Bowen presented Fire Chief Elliott’s report dated 9/8/09.
Planning/Zoning –
a. Zoning official has not been appointed.
b. Mayor O’Dell reported the Avoca Planning Commission met on Tuesday, September 8. All members were present, except Ronnie Smith. Jeff Hawkins was also in attendance. Mr. Hawkins is to email sample by-laws and he will also contact the cities/towns of Rogers, Pea Ridge and Garfield advising them of changes in planning/jurisdiction maps. Avoca’s zoning ordinance No. 76 will need to be changed, due to the planning commission. Public hearing will be necessary when the new ordinance is introduced. Mayor O’Dell mentioned the County wants the cities/town to take all they can in their planning jurisdiction and Mr. Hawkins recommends the towns only take what they can handle. Council was also reminded zoning follows ‘use’ not owner. Currently the only known issue is the possibility of Clayton Kelley wanting to split his property, for a mobile home.
Minutes of Re-Scheduled Regular Meeting
September 15, 2009
Page 2
Committee Reports:
a. Isaias Martinez completed cleaning 300 feet of Benton County 74 ditch line and did a great job. Cost - $1500.00. There is approximately 2100 feet of ditch on the north side that needs to be cleaned. Mayor O’Dell to write up specs so that it can be published and bids taken.
b. Laying the blocks to help with the water flow in the BC 74 ditch line has not been started.
3. Street and traffic lights – no known issues
4. Park –
a. Bowen reported the 2 trash receptacles and 3 benches from Thomas Mfg. have been ordered.
b. Ald. Hansen reported the brackets need to be moved on the volleyball poles and the net hung.
c. Mayor O’Dell gave an update on the scheduled events for ‘Traveling Tomb of the Unknown Soldier’. Opening ceremony will be Saturday, September 19 @ 11 am.
5. Town web site – Ald. Hawkins reported the web site is up to date.
6. Farmer’s Market - No report
Permits:
Business Permits
1. Bowen reported S & K Dirtwork, LLC provided the Town a letter stating they fully intend on obtaining their contractor’s license from the State of Arkansas, but until then they will continue to abide by the State contracting law. Council agreed the letter can be used in issuing their Avoca business license.
2. Shalom Auto Repair & Body Work – Bowen reported Mr. Rodriquez did not responded to the Town’s letter he received August 7, concerning the unsightly conditions and number of vehicles on property. Bowen had a title report done and has forwarded to attorney. Slinkard Law Firm is sending letters to both Mr. Rodriquez and his lien holder.
Minutes of Re-Scheduled Regular Meeting
September 15, 2009
Page 3
3. Lila Hawkins, J & S Auto, Inc., located at 487 S. Highway 62 has been issued their business permit for auto sales and repairs.
Building Permits – none issued
Unfinished Business:
1. Municipal court and police department – no report
2. Billboards have been removed and case is completed.
3. Mayor O’Dell met with Octavio Galindo on Thursday, August 13 concerning his trailer on Rader Road, which has not been removed from his property. Mayor reported he did not move the trailer, but he has disassembled the trailer. The roof is to the floor.
New Business:
1. Federal flood insurance program – Ald. Pinkley moved Ordinance No. 83, an ordinance providing for the establishment of a flood damage prevention program, be placed on its 3rd and final reading. Motion failed due to lack of second to the motion.
2. 2009-2010 civic guides are completed.
3. Mayor O’Dell reported Richard Wynn is working with VAS working on protocol issues, etc.
4. Bowen to present information she has gathered concerning Incorporated Towns and 2nd class cities.
5. Resolution 4-09, a resolution authorizing the rate of property tax for the year 2009 to be collected in 2010, was introduced and read in its entirety. Ald. Hawkins, seconded by Ald. Pinkley, moved Resolution 4-09 be accepted. All approved. Motion carried.
Property tax rate for Avoca general purposes on the real and personal property will remain at 5.0 mills.
6. Resolution 5-09, a resolution adopting the hazard mitigation plan for Benton County, was introduced and read in its entirety. Ald. Hansen, seconded by Ald. Pinkley, moved Resolution 5-09 be approved. All approved. Motion carried.
7. Bowen reported she is having a hard time scheduling train ride for November.
8. Bowen to contact Bentonville Construction concerning their building on Highway 62 that S & K Dirtworks recently moved out of. There is business activity and it was reported there is equipment, motor home, barrels, etc in the fenced area.
9. Mayor O’Dell reported he had received information from the County advising they had found approximately 1.7 million dollars and it will be split among the cities/towns. Avoca share to be under $500.
10. Bowen to contact Swepco concerning the pole that is leaning in front of Town Hall.
Ald. Shield moved the meeting be adjourned at 8:27 PM. Ald. Gregory seconded the motion. All approved. Motion carried.
Minutes of Re-Scheduled Regular Meeting
September 15, 2009
Page 4
Respectfully submitted,
Diane Bowen
Recorder- Treasurer
Approved_______________________________
Mayor Thomas O’Dell
Attest___________________________________
Recorder-Treasurer Diane Bowen
Minutes of Regular Meeting
October 13, 2009
7:00 PM
Present: Mayor Thomas O’Dell, Recorder-Treasurer Diane Bowen
ALD: Herb Hawkins, Kathy Hansen, Dennis Pinkley
Absent: ALD: Darlene Gregory, Kathleen Shields
Guests: Horacio Rodriquez and son Justin, Larry Slingsby
Mayor O’Dell called the meeting to order at 7:00 PM and declared a quorum was present.
Mr. Rodriquez was present to discuss with the Council the progress he has made on cleaning up his business, Shalom Auto Repair and Body Work, located at 105 E. Rose, since receiving letter from Slinkard Law Firm. Mr. Rodriquez is to notify Diane Bowen when his property is in full compliance, so a business permit can be issued. Mr. Rodriquez was told at anytime the property gets unsightly the Benton County Circuit Court will be notified and he will be required to cease any and all business activity.
The minutes of September 15 were approved, as amended, on a motion by Ald. Hansen, seconded by Ald. Pinkley. All approved. Motion carried.
September financial report was reviewed and approved as presented on a motion by Ald. Hansen, seconded by Ald. Hawkins. All approved. Motion carried.
Avoca Fire & Rescue –Bowen presented Fire Chief Elliott’s report dated 10/13/09.
Planning/Zoning –
a. Mayor O’Dell appointed Larry Slingsby as the Avoca zoning official and Mr. Slingsby accepted the position.
b. Mayor O’Dell reported there will be another Avoca Planning Commission meeting in the near future to follow-up on sample by-laws, planning/jurisdiction maps, and changes in Avoca’s zoning ordinance No. 76. A master street plan will also need to be adopted, as well as sub-division regulations. It was mentioned that Gene Letteer is possibly developing or building roads. Bowen to call Mr. Letteer.
Minutes of Regular Meeting
October 13, 2009
Page 2
Committee Reports:
a. Mayor O’Dell reported the town does not have to advertise for bids on the cleaning of Benton County 74 ditch line, because the job is not over $20,000. Ald. Hawkins, seconded by Ald. Pinkley, moved to have Isaias Martinez complete the job, consisting of approximately 2100 feet of ditch on the north side that needs to be cleaned. All approved. Motion carried. Cost – approximately $10,500
b. Mayor O’Dell reported the Town will be laying the blocks to help with the water flow in the BC 74 ditch line in the near future.
3. Street and traffic lights – no known issues
4. Park –
a. Bowen reported we have received the 2 trash receptacles and 3 benches from Thomas Mfg.
b. Ald. Hansen reported the brackets need to be moved on the volleyball poles and the net hung.
c. Veteran’s Memorial – no report
5. Town web site – Ald. Hawkins reported he will add the new civic guide and pictures of the ‘Traveling Tomb of the Unknown Soldier’ to the web site.
6. Farmer’s Market - No report
Permits:
Business Permits
1. Bowen reported S & K Dirtwork, LLC provided the Town a copy of their contractor’s license from the State of Arkansas
2. Business permit was issued to Marvin Hensley for his business, Jake’s Bar-B-Que, located at 120C West Rose.
3. Business permit was issued to Jason Pritchett for his business Ironwood Services located at 810 Lester Lane. Business activity is document shredding or document storage.
4. Mark Shultz, Bentonville Construction, was sent a business permit application for his shop located at 264 North Highway 62.
Minutes of Regular Meeting
October 13, 2009
Page 3
5. Ken Mounce was issued a business permit for Taterbug’s Furniture and Flea Market at 499 Highway 62 South. Mr. Mounce changed his location and name.
Building permits - none issued.
Unfinished Business:
1. Municipal court and police department – no report
2. Mayor O’Dell reported the traveling ‘tomb of the unknown soldier’ event was a success, but there was only about 30% of expected attendance. Press coverage was not good. The event and comments/thank you notes made it worthwhile.
3. Bowen reported she had made several phone calls and sent several letters concerning unsightly/unsanitary conditions. Bray family received a call concerning mowing the lot on the corner of Old Wire/Orchard. Lot was mowed. Superior Dock was called concerning syrofoam on their lot on Hwy 62 – syrofoam was removed. Dan Kessler, Mary Lane, was sent a letter concerning his stagnant pond – Mr. Kessler in the process of adding aeration. Letter was sent to Yulianita’s Mexican Restaurant concerning a van that has been broke down for a long period of time at their front door – van has been moved. Mr. Guzman, Tri-Star Automotive was sent a letter concerning a full dumpster that has not been emptied for a long time – Roll Off to pick up dumpster. S & K Dirtworks and McClelland & Sons, both on Old Wire Road, have been sent registered letters concerning the inoperable vehicles/equipment on their properties. S & K Dirtwork has removed the pile of post-construction waste that was on the south side of their building.
New Business:
1. Bowen presented information to the council concerning the differences in incorporated town and 2nd class city.
2. Bowen asked that any budget requests be made.
3. VAS - no update
4. Bowen reported she cannot get a November date for the train ride. Council agreed to skip the ride in 2009 and plan for November 2010 ride.
5. Bowen to get opinion on Section 6d (‘removal of nonconforming structures and uses’) of Ordinance No. 76, concerning signs.
Ald. Hansen moved the meeting be adjourned at 9:05 PM. Ald. Pinkley seconded the motion. All approved. Motion carried.
Minutes of Regular Meeting
October 13, 2009
Page 4
Respectfully submitted,
Diane Bowen
Recorder- Treasurer
Approved_______________________________
Mayor Thomas O’Dell
Attest___________________________________
Recorder-Treasurer Diane Bowen
Minutes of Regular Meeting
November 10, 2009
7:00 PM
Present: Mayor Thomas O’Dell, Recorder-Treasurer Diane Bowen
ALD: Herb Hawkins, Kathy Hansen, Dennis Pinkley, Darlene Gregory, Kathleen
Shields
Guests: Larry Slingsby, Frankie Elliott, Richard Wynne
Mayor O’Dell called the meeting to order at 7:00 PM and declared a quorum was present.
The minutes of October 13 were approved, as presented, on a motion by Ald. Hawkins, seconded by Ald. Hansen. All approved. Motion carried.
October financial report was reviewed. Bowen reported she failed to update the ‘budgeted balances’. Ald. Hansen moved the report be approved, subject to the balances being updated. Ald. Hawkins seconded the motion. All approved. Motion carried.
Avoca Fire & Rescue –Fire Chief Elliott presented his report dated November 9, reviewed status of 2009 projects/equipment, reviewed the department’s finances and presented 2010 budget requests. Requests were $18,000 for general fund, $3500 for emergency services fund and $3500 for community room building repair and maintenance.
The department has a balance of $2,172 in their town funded emergency services assistance. Elliott asked the Council if they could use the balance of the funds for a ‘rescue basket’. Council agreed. Elliott also explained the department likes to keep the Town’s general fund budgeted item until the end of the year, if at all possible. This assures the department they have a safety net, in case of an emergency. Council agreed they do not have a problem with waiting until the end of the year.
Planning/Zoning –
Minutes of Regular Meeting
November 10, 2009
Page 2
c. Bowen reported she called Mr. Gene Letteer and he is logging his property, not developing.
d. Mayor O’Dell reported he will be scheduling a Planning Commission meeting in the near future.
e. Bowen reported on the clarification of ‘nonconforming structures and uses’ she received from Jeff Hawkins, NWA Regional Planning Commission.
Committee Reports:
3. Street and traffic lights – Bowen reported two (2) street lights were repaired by Swepco on
Rose Street.
4. Park –
a. Ald. Hansen reported we will be getting two (2) Trail of Tears signs.
b. Ald. Hansen reported she and Bowen has been looking at Ground Cushin’ made from tire tubes for the two areas with playground equipment. The initial cost is pricey, but will last. Shipping costs are high also. Bowen to see where the product is shipped from, to see if we can save costs by getting a local carrier to do a ‘back haul’.
c. Veteran’s Memorial – no report
5. Town web site – no report
6. Farmer’s Market - No report – It was agreed to take off agenda and bring subject up again before spring.
Minutes of Regular Meeting
November 10, 2009
Page 3
Permits:
Business Permits
1. Mayor to talk with Mark Shultz, Bentonville Construction Inc., concerning his business permit.
2. Bowen reported Mr. Rodriguez, Shalom Auto Repair and Body Work, has not contacted the Town concerning his business permit. Ald. Pinkley moved Mr. Rodriquez be notified, via certified mail, he will be fined $50 per day from October 13, for non-compliance of obtaining a business permit, if he does not contact the Town and obtain a permit within seven (7) days of receipt of notification. Fines will accrue daily. Ald. Shields seconded the motion. All approved. Motion carried.
Building permits
Unfinished Business:
1. Municipal court and police department – no report
2. Unsightly conditions –
a. Dan Kessler, Mary Lane, has kept the Town advised on his progress of adding aeration to
his pond.
b. Bentonville Construction has mowed their lot at 264 N. Hwy 62.
New Business:
1. Bowen reported there have been more complaints concerning loose dogs on Rose Street. After talking with owner of duplexes, Mr. Sherman, letters have been sent to all his renters, advising them their dogs must be contained.
2. Richard Wynne, Supervisor of VAS, reported it is the intentions to provide ALS service by the fall of 2011. He asked the Town to help with the tuition of VAS employees to NWACC for paramedic school.
3. Several budget requests were made by Council, if funds are available – Park - $10,000; Avoca Fire & Rescue – $13,000; Community building repair and maintenance - $1,000; Emergency Service(s) Assistance - $3,000; VAS schooling - $2,860.
4. Bowen to contact Best Banner to have Holiday Banners put up.
Minutes of Regular Meeting
November 10, 2009
Page 4
Ald. Pinkley, seconded by Ald. Hansen, moved the meeting be adjourned at 10:05 PM. All approved. Motion carried.
Respectfully submitted,
Diane Bowen
Recorder- Treasurer
Approved_______________________________
Mayor Thomas O’Dell
Attest___________________________________
Recorder-Treasurer Diane Bowen