Minutes of Regular Meeting

November 14, 2017 - 6:30 PM - Regular Meeting

Pledge of Allegiance

Moment of silence

Public forum

Jason Evans came to ask about using the park for a Cycle Cross event.

It would take place on December 10th. He asked the council for permission to use the entire park and close part of Old Wire Road in front of town hall on that day for his event. He states he has received permission from Fire Chief Frankie Elliott to close the street.

Call to order

Council Roll Call

By Rec/Tres. Barnes: All present

Staff

Town Attorney - Ed McClure: Present Zoning - Larry Parrish: Absent

Guests

Barbara King Jim Mills (Planning Member) Jason Evans

Declaration of quorum

Mayor Sullivan declared a quorum was present

Approval of agenda

By consent

Approval of minutes for council meeting - October 10, 2017

By consent

Approval of financial report - October 2017

By consent

Staff Report

  1. Avoca Fire & Rescue
    1. Monthly Report read by Rec/Tres. Barnes
    2. Rec/Tres. Barnes informed council, the Fire Department has a class 4 rating. This will help save residents on insurance premiums.
    3. Fire Chief Frankie Elliott came and inspected the town buildings, pavilions & warehouse. He had a list of repairs that needed to be done. A motion was made by Ald. Pinkley and 2nd by Ald. King to get a quarterly check list from Chief Elliott. Discussion; Ald. King will ask Chief Elliott for a check list so the guys can keep up on these quarterly. The council decided to get rid of the old paint, instead of getting a fire proof case. Roll call: Ald. King; yes, Ald. Gregory; yes, Aid. Simons; yes, Aid. Hansen; yes, Ald. Pinkley; yes. Motion carried.
  2. NEBCOEMS
    1. No report per Rec/Tres. Barnes
  3. Facebook & Website: Updated regularly per Rec/Tres. Barnes
  4. Self Defense Class: Rec/Tres Rames is in the process of setting this up.
  5. Yoga Class - 1st class was held on November 13th per Rec/Tres. Barnes.
  6. Business Permits - as of October 5, 2017
    1. None per Rec/Tres. Barnes
  7. Business Permits - as of October 5, 2017
    1. None per Rec/Tres. Barnes
  8. Rose Street Warehouse
    1. Rental; Kirby Construction has rented the warehouse as of Novem ber 1st per Rec/Tres. Barnes.
    2. Court; Rec/Tres. Barnes went to court on November 6th and was awarded restitution for damages done by George Duncan.
  9. Fall Clean-up: Report was given to council by Rec/Tres. Barnes.

Committee Reports:

1. Planning commission - Aid. King
  1. Bike/ped plan -No updates per Ald. King. Mayor Sullivan told council, we are waiting on Ken Shaner to finish up the plans and the bid packet.
  2. Master Street Plan -No updates per Ald. King.
  3. New Planning Member- Mayor Sullivan nominated Rachel Etoll to fill the empty planning seat. Discussion; None. Roll call: Ald. Gregory; yes, Ald. Simons; yes, Aid. Hansen; yes, Ald. Pinkley; yes, Ald. King; yes. Motion carried. Rec/Tres. Barnes will let Rachel Etoll know of the council's decision.
2. Zoning and code Enforcement - Larry Parrish
    1. No report per Rec/Tres. Barnes
3. Streets- Aid. Gregory
    1. Transportation Alternatives Program (TAP); Avoca Heritage Trail - No updates per Ald. Gregory.
    2. Road damage due to flooding: FEMA Update was reported by Rec/Tres. Barnes
4. Park-Aid. Hansen
    1. Steam Whistle Depot - Grants; Ald. Hansen informed council, she is in contact with Ken Shaner concerning the time restraints, the town has on this project. A motion was made by Ald. Hansen and seconded by Aid. Pinkley to give Mr. Shaner a deadline of November 30th to get the town the plans and a hid packet, so it can go out to bid on December 1st. Discussion; None Roll call: Ald. Simons; yes, Ald. Hansen; yes, Ald. Pinkley; yes, Ald. King; yes, Ald. Gregory; yes. Motion carried. Mayor Sullivan will contact Ken Shaner. Ald. Hansen has filled out an application with the WWI Centennial Commission for the town to receive a 2-year­ old willow-oak memorial tree for the park.
5. Personnel-Aid. Pinkley
    1. None
6. Annexations /Town Future - Aid. Hansen & Aid Simons
    1. 5-10-15-20-year plan; work session planned after the council meeting.

Old Business

  1. Marheineke Pool - Rec/Tres. Barnes reported, pool has been drained. A motion was made by Aid. Simons and seconded by Aid. Hansen to not pursue legal fees from Mr. Marheineke. Discussion; was held by council. Roll call: Aid. Simons; no, Aid. Hansen; no, Aid. Pinkley; no, Aid. King; no, Ald. Gregory; no, Aid. Simons; yes. Motion failed. Town attorney will pursue a lien on the Marheineke property.
  2. Ordinance# 108: An Ordinance authorizing the Mayor to make certain purchases and necessary contracts. A motion made by Aid. Hansen to place Ordinance # 108 on its third and final reading by title only. Seconded by Aid. King. Roll call: Aid. Pinkley; yes, Aid. King; yes, Aid. Gregory; yes, Aid. Simons; yes, Aid. Hansen; yes. Attorney McClure read Ordinance# 108 by title only. Roll call:. Aid . King; yes, Aid. Gregory; yes, Aid. Simons; yes, Ald. Hansen; yes, Aid. Pinkley; yes. Motion carried.
  3. Ordinance# 109: An Ordinance creating Appendix A to the Town of Avoca' s ordinances and the repeal of all ordinances in conflict herewith. A motion made by Aid. Hansen to place Ordinance# 109 on its third and final reading by title only. Seconded by Aid. King. Roll call: Aid. Gregory; yes, Aid. Simons; yes, Ald. Hansen; yes, Aid. Pinkley; yes, Aid. King; yes. Attorney McClure read Ordinance# 109 by title only. Roll call: Aid. Simons; yes, Aid. Hansen; yes, Aid. Pinkley; yes, Aid. King; yes, Aid. Gregory; yes. Motion carried.
  4. International Building & Additional codes: A motion was made by Ald. Hansen and seconded by - Ald. King to accept the current Arkansas Fire Codes and any updates. Roll call: Aid. Hansen; yes, Aid. Pinkley; yes, Aid. King; yes, Aid. Gregory; yes, Ald. Simons; yes. Motion carried. A motion was made by Aid. Pinkley and seconded by Ald. Hansen to adopt the current National Electric Codes and any updates. Roll call: Aid. Pinkley; yes, Aid. King; yes, Aid. Gregory; yes, Aid. Simons; yes, Ald. Hansen; yes. Motion carried.
  5. Waste Water: Council has decided to table this at this time.

New Business

  1. Engineer: Rec/I res. Barnes informed council a publication was placed in the newspaper for SOQ Engineering Services. Mayor Sullivan and Ald. Simons had a phone conference with Shaun McConnaughey; Olsson and Associates concerning a few matters.
  2. Jason Evans - Bike races: Rec/Tres. Barnes informed Mr. Evans she has received a few complaints concerning past bike races through town. He apologized and said he will look into it. A motion was made by Aid. Hansen and seconded by Aid. Pinkley to accept the proposal for the Cycle Cross event that will take place on December 10th Discussion; it was asked if the bikes will tear up the grass. Mr. Evans stated it maybe a possibility and he will repair the damage if any is done at his own expense. Another question was the liability to the town if a rider gets hurt. Mr. Evans said they riders sign a waiver. He will also place detour signs on the roa1 to help with the road closure. Aid. Hansen asked that they stay away from the disc golf mats that are around the park, Mr. Evans said that will not be a problem. Roll call: Aid. Simons; yes, Ald. Hansen; yes, Ald. Pinkley; yes, Ald. King; yes, Ald. Gregory; yes. Motion carried.
  3. Attorney
    1. Reorganize Agenda: Attorney McClure recommends tabling subjects off the agenda that have not had any updates or actions on within a two-month period. Then after three months have passed Rec/Tres. Barnes will ask the committee chairperson if it needs to be placed back on agenda.
    2. Council Meetings: Attorney McClure informed council, he was trying help run the council meetings in a more timely, legal and official manner.
    3. Committees: Attorney McClure suggests two members of the council be on each committee. He also recommends having committee meetings before the council meetings.
  4. Ordinance# 111: An Ordinance establishing regulations concerning unreasonably noise, disturbing and unnecessary noise, detrimental noise, and noise in disturbance of the public peace. Mayor informed council, he has received many complaints concerning load music and noise late at night. A motion made by Ald. Hansen to place Ordinance #111 with an emergency clause, on its first and final reading. Seconded by Aid. Simons. Ordinance #111 Ordinance #111 with an emergency clause was read by Attorney McClure. Discussion; None. Shall the Ordinance pass; Roll call: Aid. Hansen; yes, Aid. Pinkley; yes, Aid. King; yes, Aid. Gregory; yes, Ald. Simons; yes. Motion carried. Shall the emergency clause pass; Roll call: Aid. Pinkley; yes, Ald. King; yes, Aid. Gregory; yes, Aid. Simons; yes, Ald. Hansen; yes. Motion carried.
  5. Ordinance#_ : An Ordinance establishing regulations concerning the discharge of firearms was read by Attorney McClure. Discussion; Many concerns were made for and against this ordinance by council. Council has decided to table this until next month.

Announcements

  1. Christmas Parade - Saturday December 2nd

Adjournment: 8:32 pm

Respectfully submitted,
Nanette Barnes

Recorder-Treasurer

Approved Mayor Jordan Sullivan

 

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