Minutes of Regular Meeting

May 8, 2018 - 6:30 PM - Regular Meeting

Pledge of Allegiance

Moment of silence

Guests

Jim Mills— Avoca Planning member

Patty Adams— Cajun Queen Cuisine

Kim Whitehorn

Public forum

Kim Whitehom addressed the council with concerns regarding the traffic light at Hwy 62. She would like to see a tum lighttsignal due to all the accidents that are happening at that intersection.

Patty Adams— Cajun Queen Cuisine, addressed the council concerning setting up a food truck in the Avoca area on a long-term basis.

Call to order

Meeting was called to order by Mayor O' Dell at 6: 30 pm

Council Roll Call

by Rec/ fres. Barnes
Present: Mayor Thomas O' Dell
ReciTres. Nanette Barnes
ALD: Jay King, Harry Simons, Robert Whitehom, Dennis Pinkley,
Kathy Hansen( arrived after roll call)

Declaration of quorum

Mayor O'Dell declared a quorum was present

Staff

Attorney - Edwin McClure: Present

Zoning - Larry Parrish: Present

Consent of Agenda

Consent of March 13, 2018 council meeting minutes- Minutes of March 13, 2018 will stand as presented per Council.

Consent of March 27, 2018 council special meeting minutes - Minutes of March 27, 2018 will stand as presented per Council.

March 2018 Monthly Financial Statement - Presented by Rec/Tres. Barnes

Staff Report - Rec/Tres. Barnes

  1. Avoca Fire & Rescue
    1. Monthly Report; March 2018
  2. NEBCOEMS
    1. None
  3. Facebook & Website: Updated regularly
  4. Business Permits (0 Renewals& I New)— as of April 5, 2018)
    1. Johns Lawn Service- New
  5. Building Permits - as of April 5, 2018
    1. None
  6. Audit for 2016& 2017— Rec/ Tres. Barnes informed council, an audit was being done at the present Time. Mayor O' Dell signed a Capitalization policy per Auditors recommendation.
  7. Laserfiche Document Center- Rec/ Tres. Barnes informed council, installation and training is set for Tues. May 15a.

Committee Reports:

  1. Planning commission - Aid. King
    1. Master Street Plan committee met on May Is In.
    2. The Zoning Book will be cleaned up and presented to council for approval.
  2. Board of Zoning Adjustments - Aid. King
    1. Meeting May 15a after the Planning meeting.
  3. Zoning and code enforcement- Larry Parrish
    1. Avoca Tire Shop- Jose Orellana; Town Attorney McClure informed council a lawsuit has been filed against Jose Orellana for running a business without a license& for violation of Ordinance 96. A temporary restraining order has been issued. A hearing has been set for Wednesday, May 23rd.
  4. Streets -Aid. Whitehorn
    1. Road damage due to flooding
      1. FEMA Update—The estimate received from the Engineers was above the amount of funds received from FEMA. Rec/ Tres. Barnes to contact ER' Assist to see if the Town can appeal to FEMA for a larger sum. The council discussed putting this project out for bids. Rec/ Tres. Barnes and Ald. Whitehom will get together to write up bid specifications for publication
    2. Turn signal at Hwy 62& Rose/Russell— Mayor O'Dell informed council he was looking into options to get a turn signal at Hwy 62& Rose/ Russell
  5. Park - Aid. Hansen
    1. Steam Whistle Depot- Grants— No update at this time per Ald. Hansen.
    2. Electric Sign— Rec/Tres. Bames informed council the sign has been ordered. Mayor O' Dell to meet with a couple electricians to get electricity placed for both the sign and the pavilion. Ald. King asked about solar use for the sign. Rec/Tres. Barnes will call and find out the options concerning solar use.
    3. Food Trucks— Council discussed location options for food trucks. Ald. King will look into what the town has done inthe past concerning food trucks. Rec/Tres.Burnes will contact Patty Adams with Cajun Queen Cuisine to inform her, the council is very interested in having Food Trucks in town and are looking into different options and ordinances concerning this issue.
  6. Personnel - Aid. Pinkley
    1. None
  7. Future of Avoca - Aid. Hansen & Aid. Simons
    1. Aid. Hansen is working on the surveys received from residents.
  8. Transportation Alternatives Program ( TAP)— Avoca Heritage Trail— Aid. Pinklev
    1. Letter emailed to Ken Shaner from Ald. Pinkley informing Mr. Sharer that he will be taking over this project. Discussion was held concerning location of the trail, due to the rail road tracks and options connecting to other trails. Aid. Pinkley will talk to Ken Shaner concerning the TAP Grant, fees, plans and specs. Mayor O' Dell asked Aid. Pinkley and Aid. King to work together to get more information concerning this project.

Old Business

  1. Ordinance 116 - Unsightly& Unsanitarv. A motion was made by Aldermen Simons and seconded by Aldermen King to place Ordinance I16 on its first reading withan emergencyclause. Discussion: none. Roll call; Aldermen King: yes, Aldermen Simons: yes, Aldermen Whitehorn: yes, Aldermen Hansen: yes, and Aldermen Pinkley: yes. Attorney McClure read Ordinance 116 in its entirety. A motion was made by Aldermen Hansen to accept Ordinance 116 on its first reading. Seconded by Aldermen Simons. Discussion: none. Roll call; Aldermen King: yes, Aldermen Simons: yes, Aldermen Whitehom: yes, Aldermen Hansen: yes, and Aldermen Pinkley: yes. All approved, motion carried. A motion was made by Aldermen Pinkley to suspend the rales and to place Ordinance 116 on its second reading by title only. Seconded by Aldermen King. Discussion: none. Roll call; Aldermen Simons: yes, Aldermen Whitehom: yes, Aldermen Hansen: yes, Aldermen Pinkley: yes, and Aldermen King: yes. All approved, motion carried. Attorney McClure read Ordinance 116 on its second reading by title only. A motion was made by Aldermen Hansen to accept Ordinance 116 on its second reading by title only. Seconded by Aldermen Simons. Discussion: none. Roll call; Aldermen Whitehorn: yes, Aldermen Hansen: yes, Aldermen Pinkley: yes, Aldermen King: yes, and Aldermen Simons: yes. All approved, motion carried. A motion was made by Aldermen Hansen to suspend the rules and to place Ordinance 116 on its third and final reading by title only. Seconded by Aldermen Whitehom. Discussion: none. Roll call; Aldermen Hansen: yes, Aldermen Pinkley: yes, Aldermen King: yes, Aldermen Simons: yes, and Aldermen Whitehorn: yes. All approved, motion carried. Attorney McClure read Ordinance 116 on its third and final reading by title only. A motion was made by Aldermen Whitehorn to accept Ordinance 116 on its third and final reading. Seconded by Aldermen Simons. Discussion: none. Roll call; Aldermen Pinkley; yes, Aldermen King: yes, Aldermen Simons: yes, Aldermen Whitehom: yes, and Aldermen Hansen: yes. All approved, motion carried. A motion was made by Aldermen Hansen to adopt the emergency clause on Ordinance 116. Seconded by Aldermen King. Discussion: none. Roll call; Aldermen King: yes, Aldermen Simons: yes, Aldermen Whitehom: yes, AldermenHansen: yes,and Aldermen Pinkley:yes. Allapproved, motion carried.
  2. Ordinance 117- General Penalties for Ordinance Vmlationsr A motion was made by Aldermen King and seconded by Aldermen Simons to place Ordinance 117 on its first reading with an emergency clause. Discussion: none. Roll call; Aldermen Simons: yes, Aldermen Whitehorn: yes, Aldermen Hansen: yes, Aldermen Pinkley: yes, and Aldermen King: yes. All approved, motion carried. Attorney McClure read Ordinance 117 in its entirety. A motion was made by Aldermen Hansen to accept Ordinance 117 on its first reading. Seconded by Aldermen King. Discussion: none. Roll call; Aldermen Simons: yes, Aldermen Whitehorn: yes, Aldermen Hansen: yes, Aldermen Pinkley: yes, and Aldermen King: yes. All approved, motion carried. A motion was made by Aldermen Simons to suspend the rules and to place Ordinance 117 on its second reading by title only. Seconded by Aldermen Whitehorn. Discussion: none. Roll call; Aldermen Whitehorn: yes, Aldermen Hansen: yes, Aldermen Pinkley: yes, Aldermen King: yes, •/ and Aldermen Simons: yes. All approved, motion carried. Attorney McClure mad Ordinance 117 on its second reading by title only. A motion was made by Aldermen Hansen to accept Ordinance 117 on its second reading by title only. Seconded by Aldermen King. Discussion: none. Roll call; Aldermen Hansen: yes, Aldermen Pinkley: yes, Aldermen King: yes, Aldermen Simons: yes, and Aldermen Whitehorn: yes. All approved, motioncarried. A motion was madeby Aldermen King to suspend the Mies and to place Ordinance 117 on its third and final reading by title only. Seconded by Aldermen Simons. Discussion: none. Roll call; Aldermen Pinkley: yes, Aldermen King: yes, Aldermen Simons: yes, Aldermen Whitehom: yes, and Aldermen Hansen: yes. All approved, motion carried. Attorney McClure read Ordinance 117 on its third and final reading by title only. A motion was made by Aldermen Whitehorn to accept Ordinance 117 on its third and final reading. Seconded by Aldermen Hansen. Discussion: none. Roll call; Aldermen King: yes, Aldermen Simons: yes, Aldermen Whitehorn: yes, Aldermen Hansen: yes, and Aldermen Pinkley; yes. All approved, motion carried. A motion was made by Aldermen Pinkley to adopt the emergency clause on Ordinance 117. Seconded by Aldermen Simons. Discussion: none. Roll call; Aldermen Simons: yes, Aldermen Whitehom: yes, Aldermen Hansen: yes, Aldermen Pinkley: yes, Aldermen King: yes. All approved, motioncarried.
  3. Ordinance 118- Establishing Procedures for Ordinance Enforcement; A motion was made by Aldermen Hansen and seconded by Aldermen King to place Ordinance 118 on its first reading with an emergency clause. Discussion: none. Roll call; Aldermen Whitehom: yes, Aldermen Hansen: yes, Aldermen Pinkley: yes, Aldermen King: yes, Aldermen Simons: yes. All approved, motion carried. Attorney McClure read Ordinance 118 in its entirely. A motion was made by Aldermen Simons to accept Ordinance 118 on its first reading. Seconded by Aldermen Hansen. Discussion: none. Roll call; Aldermen Hansen: yes, Aldermen Pinkley: yes, Aldermen King: yes, Aldermen Simons: yes, and Aldermen Whitehom: yes. Allapproved, motioncarried. Amotion was made by Aldermen Hansen to suspend the Mies and to place Ordinance 118 on its second reading by title only. Seconded by Aldermen King. Discussion: none. Roll call; Aldermen Pinkley: yes, Aldermen King: yes, Aldermen Simons: yes, Aldermen Whitehorn: yes, and Aldermen Hansen: yes. All approved, motion carried. Attorney McClure read Ordinance 118 on its second reading by title only. A motion was made by Aldermen Hansen to accept Ordinance 118 on its second reading by title only. Seconded by Aldermen Simons. Discussion: none. Roll call; Aldermen King: yes, Aldermen Simons: yes, Aldermen Whitehorn: yes, Aldermen Hansen: yes, and Aldermen Pinkley: yes. All approved, motion carried. A motion was made by Aldermen Whitehom to suspend the Mies and to place Ordinance 118 on its third and final reading by title only. Seconded by Aldermen Hansen. Discussion: none. Roll call; Aldermen Simons: yes, Aldermen Whitehom: yes, Aldermen Hansen: yes, Aldermen Pinkley: yes, and Aldermen King: yes. All approved, motion carried. Attorney McClure read Ordinance 118 on its third and final reading by title only. A motion was made by Aldermen Hansen to accept Ordinance 118 on its third and final reading. Seconded by Aldermen King. Discussion: none. Roll call; Aldermen Whitehom: yes, Aldermen Hansen: yes, Aldermen Pinkley; yes, Aldermen King: yes, and Aldermen Simons. yes, All approved, motion carried. A motion was made by Aldermen Hansen to adopt the emergency clause on Ordinance 118. Seconded by Aldermen Whitehom. Discussion: none. Roll call; Aldermen Hansen: yes, Aldermen Pinkley: yes, Aldermen King: yes, Aldermen Simons: yes, and Aldermen Whitehorn: yes. All approved, motioncarried.
  4. Ordinance 119- Adopting Codes by Reference; A motion was made by Aldermen Hansen and seconded by Aldermen King to place Ordinance 119 on its first reading with an emergency clause. Discussion: none. Roll call; Aldermen Pinkley: yes, Aldermen King: yes, Aldermen Simons: yes, Aldermen Whitehom: yes, and Aldermen Hansen: yes. All approved, motion carried. Attorney McClure read Ordinance 118 in its entirety. A motion was made by Aldermen Whitehom to accept Ordinance 118 on its first reading. Seconded by Aldermen Simons. Discussion: Mayor O' Dell informed council that the Municipal League advised him, the town should not adopt these codes or the town will be forced to enforce them. Questions we reasked concerning who does inspections now and the ramifications to the town if we don't do inspections through the town. Rec/Tres. Barnes to call the City of Rogers and Pea Ridge, and see if their inspectors will attend the June council meeting to answer questions the council members have. Roll call; Aldermen King: yes, Aldermen Simons: no, Aldermen Whitehorn: yes, Aldermen Hansen: yes, Aldermen Pinkley: yes. After discussion, it was decided by council not to place Ordinance 119 on its second reading.
  5. Ordinance 120 — Payment for Services for Planning/Board of Zoning; Amotionwasmade by Aldermen Pinkley and seconded by Aldermen Simons to place Ordinance 120 on its first reading with an emergency clause. Discussion: none. Roll call; Aldermen Whitehorn: yes, Aldermen Hansen: yes, Aldermen Pinkley: yes, Aldermen King: yes, Aldermen Simons: yes. All approved, motion carried. Attorney McClure read Ordinance 120 in its entirety. A motion was made by Aldermen Hansen to accept Ordinance 120 on its first reading. Seconded by Aldermen Pinkley. Discussion: none. Roll call; Aldermen Hansen: yes, Aldermen Pinkley: yes, Aldermen King: yes, Aldermen Simons: yes, and Aldermen Whitehom: yes. All approved, motioncarried.A motion wasmadeby Aldermen King to suspend the rules andtoplace Ordinance 120 on its second reading by title only. Seconded by Aldermen Simons. Discussion: none Roll call; Aldermen Pinkley: yes, Aldermen King: yes, Aldermen Simons: yes, Aldermen Whitehom: yes, andAldermen Hansen:yes.All approved, motioncarried. Attorney McClure read Ordinance 120 on its second reading by title only. A motion was made by Aldermen Hansen to accept Ordinance 120 on its second reading by title only Seconded by Aldermen King. Discussion: none. Roll call; Aldermen King: yes, Aldermen Simons: yes, Aldermen Whitehom: yes, Aldermen Hansen: yes, and Aldermen Pinkley: yes. Allapproved,motioncarried.Amotionwas made by Aldermen White homto suspendthemles and toplace Ordinance 120 on its third and final reading by title only. Seconded by Aldermen King. Discussion: none. Roll call; Aldermen Simons: yes, Aldermen Whitehorn: yes, Aldermen Hansen: yes, Aldermen Pinkley: yes, and Aldermen King yes. All approved, motion carried. Attorney McClure read Ordinance 120 on its third and final reading by title only. A motion was made by Aldermen Hansen to accept Ordinance 120 on its third and final reading. Seconded by Aldermen Simons. Discussion: none. Roll call; Aldermen Whitehom: yes,Aldermen Hansen: yes,Aldermen Pinkley;yes,Aldermen King: yes,and Aldermen Simonsyes,All approved, motion carried. A motion was made by Aldermen Pinkley to adopt the emergency clause on Ordinance 120, Seconded by Aldermen King. Discussion: none. Roll call: Aldermen Hansen: yes, Aldermen Pinkley: yes, Aldermen King:yes,Aldermen Simons:yes,and Aldermen Whitehorn:yes.All approved, motioncarried.

New Business

  1. Beer Tent— Bike Races; Rec/Tres. Barnes informed council, Jason Evans with the bike races is interested in putting a beer tent in the park during the bike races. Town attorney doesn' t recommend it. Council agreed. Recfrres. Barnes will inform Jason Evans.

Mayor for the Good of the Town

  1. None

Announcements

  1. Spring Clean-up scheduled for Saturday May 12, 2018
  2. Planning & Board of Zoning Adjustment Meeting scheduled for Tuesday May 15, 2018
  3. Council Meeting scheduled for Tuesday June 12, 2018

Adjournment

A motion was made by Aldermen Hansen and seconded by Aldermen Whitehorn to adjourn meeting at 8:45 pm. Approved by acclimation.

Respectfully submitted,
Nanette Barnes, Recorder-Treasurer

Attested Alderman Jay King

 

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