Minutes

Minutes - November 18, 2010

City of Elkins, Arkansas City Council Meeting

TIME: 7:00 p.m.

DATE: November 18, 2010

PLACE: Elkins City Administration Building, Elkins, Arkansas

Present: Recorder/Treasurer Sunny Ledford, Alderman Lloyd Stith, Alderman Bonnie Wilcox, Alderman Terri Miller, Alderman Duane Foster, Alderman Bruce Ledford, Alderman Bernice Johnson and Attorney Danny Wright.

1. Recorder/Treasurer Sunny Ledford called a City Council Meeting of the City of Elkins at 7:00 p.m.

2. Danny Wright led the invocation.

3. JD Demotte led the Pledge of Allegiance.

4. Administrative Assistant Kyla Graves called roll: Alderman Lloyd Stith, Alderman Bonnie Wilcox, Alderman Terri Miller, Alderman Duane Foster, Alderman Bruce Ledford, and Alderman Bernice Johnson.

5. Approval of 11/4/2010 minutes- Alderman Miller made a motion to approve the minutes as read. Alderman Stith seconded the motion. Roll Call: (6/0) Motion Carried.

6. Department Report

7. Unfinished Business

A.)Resolution 28- City Attorney Contract-Alderman Ledford made a motion to approve Resolution 2010-28. Alderman Miller seconded the motion. (6/0) Motion Carried. New Business A.) Rural Community Development Grant- Alderman Miller made a motion to approve Resolution 2010-29. Alderman Foster seconded. (6/0) Motion Carried.

B.) Fire Department-Alderman Ledford made a motion to move $40,000 to make a principle payment on the fire truck. Alderman Miller seconded the motion. Roll Call: (6/0) Motion Carried.

C.) Current Mayor's Resignation- Sunny Ledford read the letter from Mayor Jack Ladyman. Alderman Stith said he received the same letter.

D.) Motion to Declare Vacancy in Mayor's Office-Alderman Foster made a motion to declare vacancy in the Mayor's office. Alderman Miller seconded. Roll Call: (6/0). Motion Carried. Alderman Foster made a motion to fill vacancy with mayor elect Bruce Ledford effective 11/18/10. Alderman Stith seconded the motion. Roll Call: (5/1) with Alderman Ledford abstaining. Motion Carried.

Citizen Geary Lowery asks about Recorder/Treasurer terminating her position. Sunny explains that she cannot resign until someone is hired to fill her position. Office Manager Gayla Stahman would have to have someone available to sign paychecks and bills and the Recorder/Treasurer has to sign the Resolutions and Ordinances. Gayla cannot sign with the Mayor, because she works directly under him and they passed an Ordinance two years ago preventing that. Mr. Lowery says that Ordinance is null and void. Mrs. Ledford says that's his opinion and if he cannot conduct himself in a gentlemanly way, he will be removed. He says she just made a point and now he is making his. Mrs. Ledford says she is moving on, he needs to stop now or he will be asked to leave.

Alderman Foster made a motion to fill Alderman Ledford's vacant council seat with council-elect Jason Bathon effective on 11/18/10. Alderman Stith seconded. Roll Call: (5/1) with Alderman Ledford abstaining. Motion Carried.

E.) Carter Property-Alderman Foster made a motion to overrule the planning commission and approve the lot line adjustment on the Carter property. Alderman Stith seconded the motion. Roll Call: (5/1) with Alderman Ledford abstaining. Motion Carried.

F.)Resolution to modify loan agreement with Bank of the Ozarks-Alderman Foster made a motion to approve Resolution 2010-30. Alderman Miller seconded. Roll Call: (5/1) with Alderman Ledford abstaining. Motion Carried.

G.) Water & Sewer Department- Easement Process-Alderman Stith made a motion to give the authority to pay up to the estimated parcel amount. Alderman Foster seconded the motion. Roll Call: (5/1) with Alderman Ledford abstaining. Motion Carried.

H.) Water & Sewer Department, Bond Payment-Alderman Foster made a motion to approve the Water and Sewer Department to spend $110,000 to make a bond payment. Alderman Wilcox seconded. Roll Call: (5/1) with Alderman Ledford abstaining. Motion Carried.

I.) Swearing in of appointed Mayor- Judge Reynolds swore in Mayor-elect Bruce Ledford.

9. Citizens Comments

A.) Citizen Geary Lowery asked Attorney Wright about Ordinance and Resolution posting.

B.) Commendation letter for Officer Lance Gaines.

10. Adjourn-

Alderman Foster made a motion to adjourn at 7:37. Alderman Wilcox seconded the motion.