Town Meeting Minutes

February 19, 2014 - 7:00 PM

Minutes of Re-scheduled Regular Meeting

Present: Mayor Thomas O’Dell, Recorder-Treasurer Diane Bowen

Jordan Sullivan, Nanette Barnes, Darlene Gregory, Dennis Pinkley, Kathleen Eversole, Larry Parrish, zoning official

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:

Mayor O’Dell added ‘fire department’ to agenda.

The minutes of January 14 were approved as presented by acclamation.

January 2014 financial report was reviewed and approved by acclamation.

Avoca Fire & Rescue

No report from Avoca Fire & Rescue


Annual chili cook-off will be February 22.



1.  Planning Commission committee needs to set up date to meet.


1.  Zoning Official Larry Parrish asked the Council how strict and/or what direction they wish for him to follow on enforcement of the zoning code.  Mayor said they need to be enforced as written. Council suggested he pick a subject/problem, such as vehicles, and canvass the Town and send out a letter to all that are in violation. Complaint driven items also need to be addressed.

Larry also asked about the burn pile close to Mr. Shevy’s property.  Mayor asked that they push the pile further up on the town’s property, before burning.

Committee Reports:

1. Clean-Up
2. Streets

    1. Ald. Sullivan reported he met with JP Mike McKenzie and Terry Nalley, Benton County Road Department.
    1. Concerning flood relief - They looked at both Rader and Woods Lodge/BC 74 roads.   For future reference, the Town deals directly with FEMA, but the County Emergency Management Office is there to help with any questions.
    2. Ald. Sullivan also said the County will not help with town roads, unless we have an agreement with the County Judge.
    3. They also looked at the drainage problem at the bottom of Benton County 74. County said it is on their list to be done, but no date set.

b. Bowen reported she had contacted TriState Engineering concerning ditch work, culverts and erosion on Rader Road project. He was able to look at google earth and see some of the issues we are having.  They would like to take pictures and give us a cost estimate on the project before our March council meeting.  Bowen did not know if there is a cost for looking at the project.  Ald. Sullivan, seconded by Ald. Barnes, moved if the consultation fee is more than $200, we do not use them.  All approved.  Motion carried. 

c. A vehicle, blade/plow and spreader/hopper were again discussed.  Purchasing new vehicle vs a used vehicle was discussed.  Mayor O’Dell, Ald. Sullivan and Ald. Pinkley to work together to come up with the specs on what the Town wants and see what we can get for the money.   Leasing or leasing with option to buy was also discussed. 

d. Rader Road striping was discussed.  Bowen did not call anyone, because the council thought the fog lines would be our best option. Fog lines to be tabled until work is completed on Rader Road.  

e. Mayor O’Dell reported Johnson Construction had done what was expected and more on Chinook Drive ditch.

3. Street and Traffic lights –

 a. No known problems.

4. Park

  1. Steam Whistle Depot property:

1. Work on pavilion is being tabled until the Town reviews our funding after purchasing a vehicle and snow/ice removal equipment. 

2. NW Fencing has completed the rail fencing on Rose Street.  He is to submit bid for the chain link fence.

3. Bowen reported she talked with Heath and he suggested the baskets be changed out quarterly.  Bowen to talk with Larry and Dave about setting up a schedule for the change outs.

b. Bike racks to be ordered.

5. Town web site – up to date


Business Permits

a. none

Unfinished Business:

    1. Bowen reported Chief Martinez does not have any updates.  After receiving another complaint on Mr. Mencl, Chief Martinez said he would try and get out to the Mencl property February 20 and will probably start issuing citations to him, since verbal and written warnings are not working. Mayor O’Dell stated that is the Town’s preference.
    2.   No updates on Daves’ property at 518 Smith Ridge Turn Off or property at 380 and 400 Rader Road.

New Business:

1.  Ald. Sullivan moved the rules be suspended and Ordinance No. 97, an ordinance providing for the condemnation and removal of houses, buildings and/or structures existing in a dilapidated, unsightly, unsafe, unsanitary or obnoxious state, or that are detrimental to the public welfare, be placed on its third and final reading, by title only. Ald. Pinkley seconded the motion.  All approved.  Motion carried. 

Ordinance No. 97 was read by title only. 

Ald. Pinkley, seconded by Ald. Gregory, moved the third and final reading of Ordinance No. 97 be approved. 

All approved.  Motion carried. 

2.   Mayor O’Dell reported he had read the attorney’s opinion on the veto of Ordinance No 96 and it appears he did not complete what the law required to make it official.  Ordinance No. 96 was signed.

3.  Alderman Eversole reported she had left a telephone message with Sheriff Cradduck concerning the leash law and Bowen had sent an email to him, but neither has heard back from him.  Differences between a leash law and an Ordinance against vicious dogs were discussed.  Bowen said the County has an Ordinance concerning vicious dogs.  Ald. Gregory mentioned that the City of Springdale is in the process of addressing vicious dogs.  Council agreed to watch and see what Springdale comes up with.  Ald. Gregory to follow the story.

4.  Bowen reported she has not set up a Facebook account for the Town.

5.  Bowen reported the Arkansas Municipal League winter conference was very informative.  Best information was on the ‘state aid construction projects for cities and town’.  Cap on funding for projects is $250,000; funding for 2014 has already been allocated; municipalities may submit one project a year, but priority is given to those that have not had a project previously funded.  Council discussed work needing done on BC 74/Woods Lodge Road and Prairie Creek Roads and resurfacing.  Bowen to gather more information on the program.

6.  Ald. Barnes asked if there is an Ordinance against the number of dogs a resident can have.  There is a resident in her neighborhood that has at least ten dogs that bark all night.  The dogs are fenced in. Bowen to send a letter to the resident, advising of complaints received.

7.  Agreements between NEBCO EMS and the Avoca Fire & Rescue and the Town of Avoca need to be drafted per the 2014 adopted budget.

8.  Mayor O’Dell asked who and how the February 11 meeting was canceled.  Discussion followed.

9.  Ald. Barnes asked if the Mayor gives an annual State of the Town address.  He said he has not done one during his time as Mayor.

Meeting was adjourned at 8:35 on a motion by Ald. Sullivan and seconded by Ald. Pinkley. All approved.  Motion Carried.

Respectfully submitted,
Diane Bowen



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