Decatur ponders attorney selection

— City council members are still considering who to choose for the next Decatur city attorney after interim attorney Jay Williams told the council at the Oct. 8 meeting he had decided not to take on the responsibility.

Former city attorney Tom Smith has been elected Benton County Circuit Court Division Three Judge and informed the council soon after he won the primary in April that he would not be able toserve as city attorney once he took office in January. Smith submitted an official resignation letter dated Oct. 2, asking the city to accept his resignation as of Aug. 16.

Jay Williams was appointed Decatur’s interim city attorney last month, pending Smith’s official resignation. At last week’s meeting, Williams explained to the council that, after struggling with the decision, he decided he was too busy to take on the responsibility of another city.Williams recommended the council appoint his associate, Michael Nutt, to the position.

Nutt has been practicing in Williams’ office for four years. While he doesn’t have any experience as a city attorney, Williams said that Nutt has experience in other areas. Williams also promised to supervise and assist Nutt with his responsibilities at no extra cost.

“I kinda like the idea of getting a twofer,” said councilwoman Nan Mc-Clain.

Mayor Charles Linam recommended hiring Nutt as the city attorney, saying he felt it was a good arrangement for the city, but the council sat silently without making a motion to appoint him.

Councilman James Jessen asked for more information about Gravette attorney Will Trentham, who submitted a resume last month but did not appear at the meeting. Linam said that Trentham has taken over Smith’s Gravette practice and has served as assistant city attorney for Sulphur Springs.

City administrative assistant Kim Wilkins volunteered to get both Nutt’s and Trentham’s resumes and email them to council members so they could make a more informed decision next month.

Williams said he didn’t notify the mayor about his decision until a few hours before the council meeting and apologized for not giving them more notice so they could make an informed decision.

In other business, the council took the following actions:

◊Robin Heath took the oath of office for the Ward 1, Position 2, city council seat. The seat was left empty when Gina Holt resigned in August. Heath had already filed for the position and will be unopposed on the November ballot, so the council voted to appoint her to the position last month.

◊The council passed a resolution authorizing the mayor to negotiate for a letter of credit from Source Gas. The city has installed a new natural gas generator on the wastewater lift station at the intersection of Hidden Springs Drive and Grant Street. Source Gas required a letter of creditor a $1,000 deposit to install a new gas meter for the generator.

◊The council passed a resolution to continue to levy a 5 mill tax for the city of Decatur for the 2013 collections of the 2012 assessments. Decatur’s tax rate has been 5 mills for many years, but the council is required to pass a resolution approving the rate every year, according to Linam.

◊The council passed an ordinance authorizing a $46,000 loan from Decatur State Bank for the fire station addition. The department also received a $76,000 grant from the Arkansas Department of Rural Services for the addition. The loan will be paid for out of the Act 833 money the fire department receives annually.

◊The council voted to approve hiring Derrick Hill as a volunteer firefighter.

The next two city council meeting dates will be moved due to conflicts with Veterans Day in November and the Decatur Chamber of Commerce Christmas Parade in December. The November meeting will be held at 6 p.m. Tuesday, Nov. 13. The December meeting will be held at 6 p.m., Tuesday, Dec. 11.

News, Pages 1 on 10/17/2012