Town Meeting Minutes

May 13, 2014, 2014 - 7:00 PM

Present: Mayor Thomas O’Dell, Recorder-Treasurer Diane Bowen
ALD: Jordan Sullivan, Nanette Barnes, Darlene Gregory, Dennis Pinkley, Zoning Official Larry Parrish
ABSENT: Alderman Kathleen Eversoley
GUESTS: Jack Poynor, Amy Elliott, Katie Elliott, Major Shawn Holloway

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.


Katie Elliott, along with her mother Amy, was present to inform the Council of another incident of an animal killed by three dogs. Her caged rabbit, which sat next to their home, was killed but not eaten. Katie also had a 350 lb. show hog that was killed, but not eaten, in November. She is concerned about children that play in the park, bike riders and walkers. A report was filed with the Benton County Sheriff’s Department.

Major Shawn Holloway, Benton County Sheriff’s Department, was present to discuss the dog issues Avoca has been having. He believes if Avoca passes an Ordinance against vicious or dogs at large, the County will enforce it, but the Town would have to pay the one-time fee of $80. Major Holloway is to re-visit with Sheriff Cradduck and the County attorney; contract may have to be signed; will report back to the Town. Mayor Holloway stated the County’s Ordinance against dogs at large is enforced in unincorporated area, but the Ordinance against vicious dogs reads it is enforced in all parts of the county. Avoca is willing to pay the necessary costs. Mayor Holloway agreed to work with the County attorney and our attorney, if necessary, to get a solution for the dog problem.

Added to agenda: Streets – g. Use of David Olson’s vehicle; h. Harley Ingram New Business – 4. Political signs

The minutes of April 8 were approved as presented by acclamation.

April 2014 financial report was reviewed and approved as presented, by acclamation.

Avoca Fire & Rescue

Battalion Chief Jack Poynor, Avoca Fire & Rescue, gave the monthly fire department report. Poynor reported the department is still working on maintenance on vehicles; getting a new truck and getting Station 3; they would also like to put a ‘live fire simulator’ south of Station 1; Council suggested a fire department representative attend the next planning commission meeting, concerning the simulator; BBQ will be in September, but no date set. Bowen reported she will be working with Jeremy Metcalf on a resolution for a grant the department is applying for.


– no report



    1. Mayor O’Dell appointed William Engels to the Planning Commission.

      Ald. Sullivan, seconded by Ald. Barnes, moved the Council accept the appointment. All approved. Motion carried.

      Bowen to contact JP McKenzie to arrange Mr. Engels’ swear-in, prior to June 24 Planning Commission meeting.


    1. Larry Parrish reported he has visited with most of the residents that are in non-compliance with the zoning code, concerning inoperable vehicles.  Most have been agreeable, excluding one, and there was a comment made concerning the property next to Town Park.  Parrish also noted some unsightly conditions. 

Committee Reports:

1. Clean-UpClean-Up – Spring clean-up was held Saturday, May 10.  Final information on tonnage collected not available at this time.

2.  Streets

    1. Next planning commission committee met set for Monday, June 16 at 6:30 PM.
    2. Erosion control, ditches and culverts on Rader Road – continues on hold until Council reviews and makes a decision on the “QBS” (qualification based selection) for procuring the services of an engineering firm.
    3. Ald. Sullivan reported we should expect delivery of truck around July 1st.
    4. Removal of trees and limbs hanging over Russell Road has been completed.
    5. Bowen reported the agreement with APAC for 30 tons of material annually in exchange for allowing APAC Central the placement of their advertisement sign was signed in July 2013. To date the Town has not submitted any request for material.
    6. Ald. Sullivan, seconded by Ald. Barnes, moved to give David Olson a one-time allotment of $100 for the use of his truck for Town business. Town to continue providing a tank of gas monthly, until Town can provide vehicle. All approved. Motion carried.
    7. After full discussion, concerning Harley Ingram’s health; his limitations; the great job he has done for the Town; his dedication and his conversation with the Mayor concerning his desire to possibly retire Ald. Barnes, seconded by Ald. Pinkley, moved Harley Ingram work up until Friday, August 29.

      Roll Call: Ayes: ALD: Barnes, Pinkley, Gregory

      Abstain: Ald. Sullivan

      Motion carried.

3.  Street and Traffic lights
     a. No known problems.

4.   Park

    1. Bowen reported she received two more quote on fencing for the Steam Whistle Depot property. Estimates are for 522 feet of heavy four feet chain link fencing with a 20 feet gate. Modern Fence & Supply Co. - $7761; Arkansas Fence Co. - $5687 No action taken.
    2. Dirt work, grading and asphalting on Rose Street adjacent to Steam Whistle Depot property was discussed. Mayor O’Dell contacted APAC for consultation. Estimate of $12,999.00 includes grading an area approximately 150 in length by an average width of 16.8 feet and laying 6” base and 3” asphalt.

      Mayor O’Dell to contact APAC again, concerning having the job done without doing needed work on Main Street, at this time.

    3. An overlay needed at Rose and Main Street was discussed. Mayor O’Dell to contact APAC concerning the clarification of the description of job.

5.  Town web site – up to date


Business Permits

    1. Bowen reported she sent a letter to all 31 licensed businesses, dated April 24, advising them of new Ordinance #96, which deals with licensing of businesses and repeals Ordinance No. 79. Copy of Ordinance, along with copy of updated civic guide, was sent with letter.

Building permits

    1. Brad Gabbard, 731 Tucks Chapel Road, was issued a building permit for a 16 X 26 lean to.
    2. Amy Elliott, 332 Main Street, was issued a building permit for a 28 X 36 X 12 barn.

Unfinished Business:

    1. No report from Chief Martinez.
    2. The Town dismissed charges against Terra Mencl. Town will look at the property during the next 30 days and review again in June.

New Business:

    1. Ald. Barnes contacted Benton County which resulted in Mayor Holloway’s attendance.
    2. “QBS” – qualification based selection – tabled again
    3. Procedures for Development of State Aid Construction Projects for Cities – Mayor O’Dell to gather information for Ald. Gregory on work the Town would like to have done with the State Aid monies. Ald. Gregory to take information and draft necessary letter.
    4. Bowen reported she sent David Schoen, Arkansas Municipal League, a question concerning laws and his opinion on a Town banning all political signs on Town property. He “wouldn’t advise banning only political signs, because then you would be disfavoring one particular type of speech, in this case “political”, while allowing others.”
    5. Announcements were made.

Meeting was adjourned at 10:20 pm on a motion by Ald. Sullivan and seconded by Ald. Barnes. All approved. Motion Carried.

Respectfully submitted,
Diane Bowen



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