Minutes of Regular Meeting

September 13, 2016, 2016 - 6:30 PM - Regular Meeting

Present: Mayor Jordan Sullivan, Recorder-Treasurer Diane Bowen

Nanette Barnes, Dennis Pinkley, Darlene Gregory, Jay King, Kathy Hansen
Zoning official Larry Parrish

Guests: Fred Bartell, Bruce Bowen, James Bailey, Dwaine Harrington, Thomas O’Dell, Ron Ellington, Donna Walden, D. Wahn, J. Thomas

Mayor Sullivan called the meeting to order at 6:30 PM.

Pledge of Allegiance
Moment of Silence

Mr. Bartell, Beaver Storage, was in attendance due to permitting process when building. He does not agree with our permitting process and does not like to see towns adopt them. Mr. Bartell applied for a building permit and is not happy with the way the cost of the permit was figured, which is $1274, does not like having regulations and inspections, and he wants to see if we can come to some kind of resolve.  Mayor Sullivan allowed Mr. Bartell to pay down $600 until the Council had a chance to review.  Bowen reported the figure was set by the same fee schedule as all others were figured. After listening and discussion Mayor Sullivan asked Mr. Bartell to bring in all written estimates/bids on the cost to build and meet with inspector Mitch Iles, to see if the cost of permit can be adjusted. 

Thomas O’Dell was present and read a statement that he is filing a law suit against the Town of Avoca and Diane Bowen, as acting mayor, for (in his opinion) desecrating the Veteran’s Memorial.

Minutes of August 9 regular meeting were approved on a motion by Ald. Hansen, seconded by Ald. King.  All approved.  Motion carried.

Ald. Hansen moved the August 2016 financial report be approved as presented.  Ald. Barnes seconded the motion. All approved.  Motion carried.


Council felt donations for ambulance on water should be made by residents.

Avoca Fire & Rescue

1. Community picnic will be held Saturday, September 24.  Town will provide bouncy house and reimburse the fire department for drinks.



    1. Ald. King reported the planning commission will meet September 20. Plans are to finalize the bike/pedestrian plan; get information on master street plan from North West Arkansas Regional Planning commission (NWARPC) and review a tract split.  


    1. Job description for code enforcement – not completed  
    2. Larry Parrish reported he sent a letter to Dallas Ziegler concerning the unsightly conditions at his place of business, Warpspeed Performance, 261 N. Highway 62. On August 24 Larry talked with Mr. Ziegler and he asked for thirty days to clean up and remove untagged vehicles from his property.  Larry agreed. Little progress has been made to date.
    3. Larry reported the property at 502 Sheppard Road has been cleaned up some and does not require a letter sent at this time.

Committee Reports:

    1. Fall clean-up will be October 22.
    1. Ald. Gregory reported we have not heard back from the TAP grant application, but hopes to hear from them in October.
    2. Ald. Gregory reported the State Aid work should be done in Spring 2017.
    3. Alderman Gregory has a tentative date of October 14 to meet with Mr. Pace to look at the roads.
    4. Mayor Sullivan reported the work that needs done to the ditches on Rader Road is on hold.
    5. Mayor Sullivan reported the approval of the Standard Specifications for Street & Drainage Construction needs to wait until we have an engineer to review.

3.  Town Image

    1. Ald. Barnes reported she has sent the letter out to the Avoca businesses concerning the welcome package. We have received some responses. Barnes would like to give more time for responses from businesses and then work on putting packets together for new residents.
    2. Ald. Barnes met with business owner, Don Cameron (Hoss), concerning possibly starting an Avoca Business Association after the first of year.  Association could meet a couple times a year; have events to raise money for charity, etc.

4.   Park

    1. Ald. Hansen reported she hopes to meet with Ken Shaner in the next couple weeks, concerning Steam Whistle Depot plans. 
    2. Ald. Hansen will have ‘apple shed’ sign painted by September 16.
    3. Happy with success of our Little Library.
    4. Handicap porta potty has been installed.
    5. Volunteer landscaping maintenance day – no discussion; no takers

5. Personnel

      Nothing to report

6. Annexation

      Nothing to report


Business Permits

    1. Bowen reported business permit was issued to Boat Dock World, 839 Lester Lane. New ownership is J & M Partners and nature of business is boat dock construction.

Building permits

    1. None issued as of 8/31/16

Unfinished Business:

    1. Bowen reported a letter was sent to Bank of America giving them seven days to have their property at 309 Sheppard Road mowed, in accordance to Ordinance No. 80, an Ordinance establishing regulations concerning unsightly and unsanitary conditions and addressing the manner of abatement of those conditions.  The time has expired and the property has not been mowed; Mayor Sullivan asked Bowen to find someone to brush hog the property; Bowen is waiting for an estimate from Roy Henson.  Ald. King has a contact that may be interested in the job.  Once mowed and bill paid, both clean-up costs, in the amount of $2000, and charge for mowing to be placed on a lien. 

New Business:

    1. An advertisement was published August 19, 20 and 21st, soliciting responses from qualified engineering firms to provide professional engineering studies and solutions for storm water run-off, drainage and erosion issues. The responses will be used to screen prospective firms and select finalist for interview. September 6 was the deadline and 5 firms have submitted statement of qualifications and performance data. Copies of all responses were handed out to Council for their review and Mayor Sullivan to call a special meeting in September or October. At that time the Council will rate each firm and narrow the selection down for interviews.
    2. Council agreed town hall does not have to be open for all public events held in the park.
    3. Mayor reported the auditor has returned our 2013 – 2015 documentation and met with himself and Bowen and said the audit passed with flying colors with a few items to address. Those items, supplemental findings, were addressed in a letter with the proposed corrective action. Council will receive a copy of the report from the Division of Legislative Audit once completed.
    4. The fees and the way we are currently figuring our building permits were discussed. We will see how the appeal process goes, after Mr. Bartell brings in his documentation.
    5. Thomas O’Dell was present and read a statement saying he is filing a lawsuit against the Town and naming Diane Bowen, acting mayor, for desecration of the Veteran’s Memorial. He is seeking Council action for the rectification of this issue. He went on to read about the Veteran’s Memorial, the changes that have been made and what he wants done to correct them.

      Mayor Sullivan thanked Mr. O’Dell and told him the Council would discuss and he would get back with him.

    6. James Bailey asked the Council if they could bring the POW/MIA Tribute Ride through Avoca on Saturday, September 17. Permission, as always, granted.
    7. Mayor reported the Town of Avoca turned 50 in March 2016. Discussion was open to having a 51st party in the spring. To be put on October agenda.
    8. On August 19 Mayor Sullivan, building inspector Mitch Iles, Frankie Elliott and Jeremy Metcalf, Avoca Fire Department, zoning official Larry Parrish and Mr. and Mrs. Harley Ingram inspected the Ingram home and all parties agreed the house was unsafe and needed razed. Mr. Ingram could not attend tonight’s meeting and Bowen informed him an Ordinance would come before the Council this evening, allowing burning of structures in Avoca town limits.
    9. Ordinance No. 104, an ordinance to allow burning of certain structures for the elimination of fire hazards from dilapidated or condemned structures, was placed on its first reading on a motion by Ald. Pinkley, seconded by Ald. King. All approved. Motion carried.

      Ordinance No. 104 was read in its entirety.

      Ald. Pinkley moved the first reading of Ordinance No. 104 be accepted. Ald. King seconded the motion. All approved. Motion carried.

      Ald. Hansen, seconded by Ald. Barnes, moved the rules be suspended and Ordinance No. 104 be placed on its second reading by title only.

      All approved. Motion carried.

      Ordinance No. 104 was read by title only.

      Ald. Gregory, seconded by Ald. King, moved the second reading of Ordinance No. 104 be approved. All approved. Motion carried.

      Ald. Hansen, seconded by Ald. Barnes, moved the rules be suspended and Ordinance No. 104 be placed on its third and final reading by title only. All approved. Motion carried.

      Ordinance No. 104 was read by title only.

      Ald. Gregory moved the third reading of Ordinance No. 104 by approved. Ald. Barnes seconded the motion. All approved. Motion carried.

      Ald. Pinkley, seconded by Ald. Gregory, moved the emergency clause be approved. All approved. Motion carried.

    10. Bowen reported she had been contacted by Myles McDaniel. His mother, Dema McDaniel, has an old quilt that she would like to give to the Town to display. Quilt was made by local ladies in the early 1940’s. Town is very much interested.
    11. Mayor Sullivan to look into noise problems on Russell Road.
    12. John Mezger, resident, would like to display some craft items during the craft weekend at the Stream Whistle Depot. Council agreed to allow.
    13. Mayor Sullivan asked the Council what direction they would like to move on Thomas O’Dell’s statement to the Council. Council agrees they do not want to tear the concrete out around the memorial; will pay the fees if he files suit; Council agreed we were preserving the memorial; Mayor Sullivan advised the Council our legal counsel does not see where he has a case; council agreed if he files suit we go after attorney fees and court costs.
    14. Mayor to call Mr. O’Dell and let him know the Council’s unanimous decision is not to make any changes.
    15. Announcements were made. Meeting adjourned at 8:15 PM on a motion by Ald. Hansen and seconded by Ald. King. Motion carried.

Mayor to call Mr. O’Dell and let him know the Council’s unanimous decision is not to make any changes.

Announcements were made.

Meeting adjourned at 8:15 PM on a motion by Ald. Hansen and seconded by Ald. King. Motion carried.

Respectfully submitted,
Diane Bowen



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