Minutes of Special Meeting

October 4, 2016 - 6:30 PM - Regular Meeting

Present: Mayor Jordan Sullivan, Recorder-Treasurer Diane Bowen

Kathy Hansen, Nanette Barnes, Dennis Pinkley, Jay King, Darlene Gregory

Guests: James Bailey, Dwain Harrington

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

Special meeting’s agenda consist of (1) Veteran’s Memorial (2) Engineering Firm – selection process.

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

1. Mayor Sullivan stated we would be discussing the Veteran’s memorial again and the potential law suit against the city. Mayor Sullivan is not willing to pay attorney fees if there is a compromise to be had with Thomas O’Dell. He gave the floor to Ald. Hansen, who has spoken with Mr. O’Dell.

Ald. Hansen said we need discussion.

Mr. Bailey stated he was representing Mr. O’Dell and the veterans of northwest Arkansas who built that memorial. He said if we discussed the issue, he could accept the compromise on behalf of all veterans. Mr. Bailey was asked if the potential lawsuit was being filed by the veterans and he replied no, Mr. O’Dell was legal adviser for the Northwest Arkansas Veterans. He then said Mr. O’Dell would be the primary party, backed by the National Ghost Riders Association (NGRA).

Mr. Bailey went on to say the Town Council came to him when the idea of putting up a memorial came about; National Ghost Riders Association was a key player; was asked to act as guardian.

Ald. Hansen said she had discussion with the designer (Mr. O’Dell) and there are four areas of the compromise:

A. Lava rock – symbolize blood (Dye cement red)
B. Grass – represent cemetery (paint bottom portion of concrete green)
C. Arch of flag – according to Hansen government sight said arch is preferred
D. Apology – letter to Mr. O’Dell from present Mayor

E. Both sides give in to ‘this is the end, no litigation’.

Discussion followed.
The tiles used are marble and not good for an outdoor application; maintenance was discussed; Mr. Bailey said donations were taken for 3 years and given to the city for maintenance and upkeep; Bowen said initial donations were made for the monument but never for maintenance; Hansen stated ‘lack of communication’ is what we could apologize for.

A. Ald. Hansen moved the Town stain the monument red on the top and green on the bottom, to keep the intent of the symbolism. Ald. Pinkley seconded the motion.

Ayes: ALD: Hansen, Pinkley, King, Barnes
Nays: ALD: Gregory

Motion carried.

B. Ald. Hansen moved the arch in the flag holder be reinstated, Mayor Sullivan write a letter of apology for lack of communication and upon acceptance of this agreement by both parties the lawsuit is done and not to be picked up by either party and maintenance and all decisions of the monument will become and stay the sole responsibility of the Town. Ald. Pinkley seconded the motion.
Ayes: Hansen, Pinkley
Nays: King, Barnes, Gregory
Motion failed.

C. Ald. Hansen moved the arch be put back in the flag holder. Ald. Pinkley seconded the motion.

Ayes: King, Hansen, Pinkley, Barnes
Abstain: Gregory
Motion carried.

D. Letter of apology from the Mayor was discussed.
Ald. Hansen, seconded by Ald. Pinkley, moved Mayor Sullivan writes the letter of apology.
Ayes: Hansen, Pinkley
Nays: Barnes, King, Gregory
Motion failed.

Before leaving, Mr. Bailey, speaking for Mr. O’Dell, stated he felt the compromise was accomplished and the Council’s intentions are good. He did not have a time line.

Ald. Hansen moved as of this day and hour, October 4, 2016, 7:45 pm all maintenance of the monument and the decisions for its maintenance and care belong solely to the Town of Avoca. Ald. King seconded the motion.

All approved. Motion carried.

2. The Council reviewed the five engineering firms that submitted ‘Statement of Qualifications and Performance Data’ for solutions to the town’s problems with storm water run-off, drainage and erosion.

The firms are:
Olson Associates; Crafton & Tull; FTN; McClelland Consulting Engineers; Mehlburger Brawley

After much discussion, Ald. King moved out of the five firms the Council interview McClelland Consulting Engineer and Olsson Associates. Ald. Barnes seconded the motion. All approved. Motion carried.

Ald. King and Ald. Hansen will not be able to attend our November 8 council meeting. The meeting will be re-scheduled to Tuesday, November 1st. We will also try and set up the interviews for 6:00 pm and 6:15 pm.

Meeting adjourned at 8:05 on a motion by Ald. King, seconded by Hansen. All approved. Motion carried.

Respectfully submitted,

Diane Bowen

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