Town Meeting Minutes

November 12, 2013 - 7:00 PM

Minutes of Re-scheduled Regular Meeting

Present: Mayor Thomas O’Dell, Recorder-Treasurer Diane Bowen
ALD: Jordan Sullivan, Nanette Barnes, Darlene Gregory, Dennis Pinkley, Kathleen Eversole
Absent: Amy Reynolds, Adam Kinney
Guests: Ronnie Smith, Roy Foerster

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

Pledge of Allegiance.
Moment of silence.

Consent of agenda:

Bowen noted the condemnation ordinance and revised business permit ordinance are not available. The attorney sent the documents late in the day and Bowen cannot open the documents due to the form they were sent in.

The minutes of October 16 were approved as presented, by acclamation.

October 2013 financial report was reviewed and approved by acclamation. Bowen also had copies of the revised September financial report.

Avoca Fire & Rescue

Adam Kinney gave the monthly fire department report.


Planning/Zoning –


    1. Chairman Sullivan reported the committee will meet again after the first of the year.
    2. Planning commission meeting will be Tuesday, December 3. On the agenda is a public hearing for Stephanie S. Critchfield, Inc. for a conditional use permit and review of a site development plan for a small retail store.
    3. Change of proposed planning area boundary will go before the planning commission after the first of the month.



    1. Mayor O’Dell read zoning official, Shirley McDaniel’s, resignation. Ald. Sullivan, seconded by Ald. Kathleen Eversole moved the resignation of Shirley McDaniel be accepted. All approved. Motion carried.
    2. Appointment of new zoning official to be under new business.

Committee Reports

1. Clean-Up –

Bowen reported the fall clean-up yielded 5.79 ton of bulk, 940 pounds of metal and 20+ tires. Good turnout and great help from our fire department.

2. Streets -

    1. Mayor O’Dell reported his memory failed him last month, but he did talk with JP Mike McKenzie concerning Rader Road. JP McKenzie had looked at the ditches on Rader Road and to the best of his memory he was to report it to the County and handle it from there. Mayor has not received a response from JP McKenzie and also noted this took place just prior to the submittal deadline and he did not talk with anyone from the County.
    2. Bowen reported Johnny Johnson is to dig the ditch on Chinook Drive before Thanksgiving; will sod in the spring. Town will not be billed, until the job is completed in the spring.
    3. c. Mayor O’Dell reported he met with Mr. Wilson concerning Elm Street. Elm Street is a private road and the Town cannot put gravel on the street and for the Town to pave the road it would have to be brought up to town specs and easements obtained.
    4. Bowen reported advertisements for bids will be published November 14 – 20. Deadline for submission of closed bids is December 5 at 3 pm. Bid is for pulling ditches and cleaning out culverts on Rader Road. No materials. Labor only.
    5. After Sullivan, Bowen and employee David Olson looked at Rader Road, Ald. Sullivan had suggested the Town contact Frankie Guyll to see if he would look at Rader Road’s erosion problems and have any suggestions on the best way to handle. Bowen contacted Mr. Guyll; he looked at Rader Road and does have a suggestion that has worked in an area in Rogers for 20+ years. Bowen sent Mayor O’Dell an email November 8 asking him to contact Mr. Guyll to get the specifics. Mayor to contact Mr. Guyll.

3. Street and Traffic lights –

a. No known problems.

4. Park

    1. a. Share the road signs have been installed.
    2. b. T-Shirts have been received.

5. Town web site

up to date


Business Permits – none issued

Building permits –

    1. None issued in the past 30 days.
    2. Ald. Sullivan asked why a building permit has not been issued to the property owner on the corner of Pearl and Rose Streets. He is remodeling his garage and the roof line has changed; doors and windows have been moved. Property owner to be contacted.

Unfinished Business:

    1. The Daves property at 405 Smith Ridge Turn Off has been turned over to Little Flock. Chief Martinez reported CoreLogic Field Services are to maintain the property on November 13.
    2. Chief Martinez reported he spoke with Mr. Mencl several times, took pictures, certified letter was sent and after follow up visits the property was cleaned. Council disagreed. Bowen to advise Chief Martinez.

New Business:

    1. Bowen reported she turned over the complaint to Little Flock Chief Martinez concerning inoperable vehicles, lawn mowers, etc. at 400 Rader Road. Chief Martinez reported he made contact with Sherrie Platz, owner of property, and advised her of the complaints; she advised that 380 Rader Road is under contract; and the trash is indeed piled on top of a dumpster; Ms. Platz to contact residents at 380 Rader Road. Concerning 400 Rader Road Ms. Platz advised there are 5 residents living there thus the amount of cars; she was advised that inoperable cars were not allowed on property and they could not encroach on others property; Ms. Platz advised she would handle the situation. Ms. Platz was sent a certified letter with a 10 business day limit on correcting the issues.
    2. Condemnation Ordinance tabled.
    3. Revised Ordinance No. 96, attorney opinion, reading requirements and emergency clause were discussed. Mayor O’Dell stated he saw that the attorney gave an opinion, but did not see an Ordinance. Mayor O’Dell stated he emailed the attorney and asked if Diane’s instructions were unclear. Bowen stated when she went to the Attorney to have the ordinance re-drafted the attorney felt the redrafted Ordinance may be discriminatory and asked if the Council would like an opinion, before redrafting the Ordinance. Bowen did ask for the opinion and also asked for a memo on reading requirements of Ordinances and emergency clauses. Mayor O’Dell went on to read and reread an email from Attorney Corcoran incorrectly, saying the attorney did not know that the council had passed a motion to redraft the ordinance. Bowen asked if she could read the exact same email, which stated the attorney “did know that the council had passed a motion to redraft it, but was under the impression that the council wanted an opinion on the propriety of redraft first”.
      Bowen felt the Council was given bad information last month, when they were told by Mayor O’Dell Ordinance No. 96 had to be read that evening or it would be null and void. The attorney’s memo stated “the reading requirement is found in A.C.A. §14-55-202. That section requires “ordinances and by-laws of a general or permanent nature be fully and distinctly read on three (3) different days, unless two-thirds (b) of the members composing the municipal council shall dispense with the rule" [emphasis added]. There is no requirement that the readings be on consecutive, or otherwise, meetings or days. However, a plain reading of the section states that it is mandatory for an ordinance or by-law to be read three (3) times, regardless of whether it is passed or denied. Since the reading is required, unless waived, and no time frame is specified, an ordinance is not disposed of until a final vote is taken.”
    4. Council advised Bowen they do want opinions from our attorney and the more information they have the better they can make decisions.
    5. Bowen also commented she felt Avoca Resolution 02-13, concerning meeting rules, was not being followed.
    6. Bowen excused herself from the meeting.

4. Ald. Sullivan, seconded by Ald. Barnes, moved Ordinance No. 96 be tabled. All approved. Motion carried.

5. Ald. Gregory reported committee members Sullivan, Bowen and herself met and picked out a gazebo/pavilion that we think will work nicely on the town’s new property. Committee wants a pavilion as maintenance free as possible; concrete floor; metal trusses; small double roof for air and ventilation; hexagon shape and something that can be utilized for different events and can be added on to, in the future. Gregory feels the pavilion will be maintenance free and will make a statement. Bowen to get estimates from Rick Austin. Mayor O’Dell reported he met with the gentleman from NW Fencing on November 1, concerning the rail fencing on Rose Street. He thought it may be started in the next couple weeks. Mayor O’Dell to get a written estimate before work is started. Mayor said it would run approximately $1400. As far as the drainage, if the aprons are asphalted, he does not feel we will need a ditch. Ald. Sullivan feels the drainage needs to be corrected, before we do any asphalting. Mayor O’Dell would like to have the fence on Rose Street installed before we do the asphalting.

6. Mayor reported it looks like the sheetrock work and painting has been done.

7. Resolution 05-13 tabled.

8. Vendors/residents using town properties was discussed. Ald. Sullivan said he feels like residents should be able to use town property. Rules and regulation, some sort of permitting needs to be discussed and set in place. Committee to discuss.

9. Amy Reynolds, Main Street, was present to discuss a problem she had with on Saturday, November 2nd. Her daughter found her show hog dead in its locked pen. They noticed multiple large dog prints within the pen. The hog had bite puncture marks on the head, front and back legs. The approximate 180 pound hog was killed, but not eaten. On Sunday morning she saw a red put bull, no collar, and two other large black dogs, lab types with collars, outside her back door. She is worried about her child along with the children and families that come to the Town Park. Ms. Reynolds is asking the Town start some sort of procedures to solve this problem. Council commented this has been researched numerous times. Benton County will not come into Avoca, without a leash law in place. Mayor said if we can adopt the Benton County leash law and they will come into Avoca and enforce it that would be our best option. Ald. Sullivan said the best person we should contact is Sheriff Cradduck. Mayor suggested Benton County Attorney and Judge also be contacted. Ald. Gregory moved Mayor O’Dell call Sheriff Craddick to see if he can attend our next meeting. No second. Ald. Sullivan suggested we call and see if Avoca passes a leash law will the County enforce it. If so, we would like it in writing.

10. Benton County Alert annual agreement – no action taken

11. Northwest Arkansas Regional Planning Commission’s annual imagery project renewal – no action taken

12. Mayor said he would like two committees, one to research the dog problem and one search committee for a zoning official.

13. Ald. Gregory suggested we see if Larry or Dave may be interested in the Zoning Official position, since they are around the community on a daily basis. Ald. Sullivan to talk with the two gentlemen concerning the opening.

14. After full discussion, Ald. Eversole to research the dog problems and report back with options for the Council.>

Meeting was adjourned on a motion by Ald. Sullivan and seconded by Ald. Barnes. All approved. Motion Carried.

Respectfully submitted,
Diane Bowen



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