Date: 1/4/2010Board: City CommissionDocumentType: MinutesWeb Posted: 1/21/2010 9:26:02 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
JANUARY 4, 2010 AT 6:30 P.M.


The Board of City Commissioners of the City of Shawnee, County of Pottawatomie, State of Oklahoma, met in Regular Session in the Commission Chambers at City Hall, 9th and Broadway, Shawnee, Oklahoma, Monday, January 4, 2010 at 6:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Peterson presided and called the meeting to order. Upon roll call, the following members were in attendance.

Linda Peterson
Mayor

Pam Stephens Frank Sims
Commissioner Ward 1-Vice Mayor Commissioner Ward 2

Absent Billy Collier
Commissioner Ward 3 Commissioner Ward 4

John Winterringer Carl Holt
Commissioner Ward 5 Commissioner Ward 6

ABSENT: James Harrod

INVOCATION Reverend David Henry Calvary Baptist Church

FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda:

A motion was made by Commissioner Holt, seconded by Commissioner Winterringer, to defer Agenda Item No. 5 until the next City Commission meeting and approve the balance of the Agenda. Motion carried 6-0.

AYE: Holt, Winterringer, Stephens, Sims, Peterson, Collier
NAY: None

AGENDA ITEM NO. 2: Consider approval of Consent Agenda:

a. Acknowledge staff will proceed in the instant meeting with the opening and consideration of bids as set forth in Agenda Item Number 6.

b. Minutes from the December 7, 2009 meeting

c. Acknowledge the following minutes and reports:

• Sister Cities Council minutes from October 13, 2009
• License Payment Report from November 1-30, 2009
• Project Payment Report from November 1-30, 2009

d. Authorize staff to advertise for bids on a new or used two ton truck with utility bed and crane for wastewater collection department.

e. Acknowledge rate adjustments from Allegiance Communications for video services.

f. Acknowledge Worker’s Compensation settlement for Robert Simon, Eric Bright, and Randy Ballard.

g. Acknowledge City Manager’s declaration of emergency to repair collapsed sewer line in the area of 700 N. Beard Street.

h. Acknowledge Base Contract and Nomination Order for Natural Gas purchased from Oneok Energy Marketing Company effective July 1, 2009 through June 30, 2010.

i. Acknowledge sales tax report through November, 2009.

Before voting on the Consent Agenda, it was requested that Consent Agenda Item No. 2(b) be pulled for separate consideration.
A motion was made by Vice Mayor Stephens, seconded by Commissioner Collier, to approve Consent Agenda Item No. 2(a-i), less (b) as presented. Motion carried 6-0.

AYE: Stephens, Collier, Winterringer, Holt, Sims, Peterson
NAY: None
Regarding Agenda Item No. 2(b), Minutes from the December 7, 2009 meeting, Commissioner Sims pointed out that the transfer for Lot 5 Hart Tract, 16205 Hart Road was incorrect. The transfer should be From: A. Woodrell and L. Woodrell To: D. Boyne and V. Boyne.
It was also noted that on Agenda Item No. 13(a) from the December 7th meeting that the motion was made by Commissioner Winterringer, and seconded by Commissioner Collier. The vote was out of sequence and should read as follows: Aye: Winterringer, Collier, Holt, Sims, Peterson. Abstain: Harrod
A motion was made by Commissioner Sims, seconded by Commissioner Collier, to approve the Consent Agenda No. 2(b) and as amended. Motion carried 5-0-1.

AYE: Sims, Holt, Peterson, Collier, Winterringer
NAY: None
ABSTAIN: Stephens

AGENDA ITEM NO. 3: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)
There was no Citizens Participation.
AGENDA ITEM NO. 4: Mayor’s Proclamations and Presentations:

Proclamation
“Martin Luther King Day”
January 18, 2010
(accepted by Rev. David Henry)

Rev. Henry extended an invitation to all to attend the Martin Luther King Day celebration on Sunday at Calvary Baptist Church at 3 p.m. sponsored by Dunbar Heights Association.

AGENDA ITEM NO. 5: Consider lease agreements with Air Flite, Inc., for the lease of portions of Airport property located at 2304 Airport Drive and 2320 Airport Drive.

Agenda Item No. 5 was pulled and deferred until January 19th City Commission meeting.

AGENDA ITEM NO. 6: Consider Bids:

a. Replacement of Chlorinators (Open)

Two bids were received and read into record.
BIDDER AMOUNT
L&L Construction, Inc.
Jenks, Ok Bid 1: $46,750 Bid 2: $20,250
D. Barco
Oklahoma City, Ok Bid 1: $38, 500 Bid 2: $21,250
A motion was made by Commissioner Holt, seconded by Commissioner Winterringer, to defer bid of Replacement of Chlorinators to staff for review and recommendation at the next City Commission meeting. Motion carried 6-0.
AYE: Holt, Winterringer, Stephens, Sims, Peterson, Collier
NAY: None

AGENDA ITEM NO. 7: New Business (Any matter not known about or which could not have been reasonably foreseen prior to the posting of the agenda)

There was no New Business.

AGENDA ITEM NO. 8: Administrative Reports

Emergency Management Director Don Lynch spoke about the Special Cold Temperature and Winter Weather Preparation Advisory handout with information to the public on how to be better prepared for the harsh weather we experienced during the Christmas holiday and are experiencing at this time.
Mr. Lynch also reported Governor Brad Henry had declared an emergency and closed state highways and turnpikes during the blizzard. Acting City Manager, Police Chief Russ Frantz, signed a declaration of emergency for the City of Shawnee which would be a necessary step if the President declares a National Emergency.
Other communities were standing by in the event electrical power could not be restored to Unity Hospital, which lost power for a short time. OG&E had power back up before patients needed to be transported to other facilities.
Mr. Lynch noted that this blizzard was a historic event and we were fortunate to have dedicated staff from all effected departments prepping the day before and working out in all conditions during a holiday time.
John Krywicki, City Engineer, reported on the Street Department having all but two of their eleven employees come in to work on Christmas Eve, Christmas Day, and the day after. Some of these employees worked up to 22-23 hours. He feels with the equipment available and the manpower available they all did a tremendous job and wanted to commend them for their efforts. There were several equipment failures and the garage was standing by to do all they could to keep everything working. Some parts could not be obtained until Saturday, the day after Christmas, but when received the mechanics got the equipment up and running as quickly as possible.
Commissioner Sims questioned Mr. Krywicki on defined snow routes and an emergency route. Mr. Krywicki responded by explaining the priority of cleaning the streets as: bridges, emergency facilities (Unity Hospital, React Ambulance), arterial streets, collector streets, and then the downtown area. He feels that if we set specify streets as snow routes and then have equipment failures or other circumstances, the flexibility would not be there to clear as much as possible as quickly and safely as possible.
Commissioner Sims would still like to see a definite snow emergency route. Mayor Peterson and Commissioner Winterringer inquired about out sourcing some of the snow removal and street clearing, having something by bid in place in case it was needed. Vice-Mayor Stephens stated the cost for something like that would be tremendous. Mr. Krywicki was not sure anyone could use our equipment or volunteer to help because of the liability.
Police Chief Russ Frantz, acting City Manager during this event, spent Wednesday before the storm checking on the different departments to see if they were ready as could be and if they needed anything. He then checked on them throughout the next two/three days. He says it was incredible the amount of team work and cooperation from all departments. The ambulances were having problems and the fire department helped out by pulling the vehicles back on the roads. Chief Frantz feels we could not have done more and were as prepared as we could be.
Commissioner Sims feels the commission needs to give staff the tools they need to do their job and for staff to get a list of what is needed to the commission.
Brian McDougal, City Manager, read a list of the employees that spent their holidays attempting to make the city safer for the citizens of Shawnee rather than with their families and expressed appreciation to those employees and their families.

Interim Finance Director Stephen Nolen reported the audit of financial statements was completed by December 31, 2009. This is the first time the audit has been completed on time since 1995. It should be presented at the January 19, 2010 meeting. Sales Tax report for December collections should be in by the end of this week.
Jim Bierd, Utility Director, reported the 30” raw water line plans are still being reviewed by the DEQ. They should be completed and on the OWRB meeting agenda in early February.
Allied Waste has offered to have the Spring Clean-up carried out like the Fall Clean-up. They, also, would have four roll offs located in different parts of the city at different times to coordinate with the areas of the Chamber clean up.
Bid specifications are being prepared for solid waste collection and disposal as requested by the commission. Mayor Peterson and Vice-Mayor Stephens want others involved in writing the specs, stating many have voiced an interest in involvement with the bid specification preparation. A public hearing was suggested for input. Vice-Mayor Stephens wants to be sure DEQ compliance on any landfill for the past 18 months is required and that if the company sells or if the contract is sold that we would have the right to re-bid. Commissioner Sims wants to be sure the contract specs are not so specific that they fit only one company. Vice-Mayor Stephens also wants to make sure we have given written notice to Allied Waste that we are going out for bids before the next renewal of their contract.
Mr. Bierd does not have a firm date but would like to see the bid packets go out in February.

AGENDA ITEM NO. 9: Consider an Executive Session to discuss status of Grasso v. City of Shawnee WCC #2009-08537-A, and the Grasso EEOC Claim #564-2010-00036 pursuant to 25 O.S. §307(B)(4).

A motion was made by Vice Mayor Stephens, seconded by Commissioner Collier, to enter into Executive Session to discuss status of Grasso v. City of Shawnee WCC #2009-08537-A, and the Grasso EEOC Claim #564-2010-00036 pursuant to 25 O.S. §307(B)(4).


Motion carried 6-0.

AYE: Stephens, Collier, Winterringer, Holt, Sims, Peterson
NAY: None

AGENDA ITEM NO 10: Consider an Executive Session to discuss and possibly enter into a collective bargaining agreement with the IAFF, Local No. 1628, for a Collective Bargaining Agreement for FY 2009-2010 as authorized by 25 O.S. §307(B)(2).

A motion was made by Commissioner Collier, seconded by Commissioner Winterringer, to enter into Executive Session to discuss and possibly enter into a collective bargaining agreement with the IAFF, Local No. 1628, for a Collective Bargaining Agreement for FY 2009-2010 as authorized by 25 O.S. §307(B)(2). Motion carried 6-0.

AYE: Collier, Winterringer, Holt, Stephens, Sims, Peterson
NAY: None

CITY COMMISSION NOW IN EXECUTIVE SESSION AT 7:37 P.M. WITH ALL COMMISSIONERS PRESENT

CITY COMMISSION RECONVENED AT 9:41 P.M. WITH ALL COMMISSIONERS PRESENT

AGENDA ITEM NO. 11: Consider matters discussed in Executive Session regarding the status of Grasso v. City of Shawnee, WCC #2009-08537-A and the Grasso EEOC Claim #564-2010-00036 pursuant to 25 O.S. §307(B)(4).

No action was taken at this time.

AGENDA ITEM NO. 12: Consider matters discussed in Executive Session regarding status of negotiations with IAFF, Local No. 1628, for a Collective Bargaining Agreement for FY 2009-2010 as authorized by O.S. §307(B)(2).

After due and careful consideration, all Commissioners agreed that the proposal regarding negotiations with IAFF, Local No. 1628, for a Collective Bargaining Agreement for FY 2009-2010 be rejected at this time due to the fact that the money is not available and departments have been asked to decrease their budgets.

A motion by Vice-Mayor Stephens, seconded by Commissioner Sims, to reject the proposal regarding status of negotiations with IAFF, Local No. 1628, for a Collective Bargaining Agreement for FY 2009-2010. Motion carried 6-0.

AYE: Stephens, Sims, Peterson, Collier, Winterringer, Holt
NAY: None

AGENDA ITEM NO. 13: Commissioners Comments

Commissioner Holt announced that the Fresh Fire Church will be celebrating Black History Month on February 14th.

AGENDA ITEM NO. 14: Adjournment

There being no further business to be considered, a motion was made by Vice- Mayor Stephens, seconded by Commissioner Winterringer, that the meeting be adjourned. Motion carried 6-0. (9:54 p.m.)

AYE: Stephens, Winterringer, Holt, Sims, Peterson, Collier
NAY: None

LINDA PETERSON,
MAYOR




(SEAL)

ATTEST:

Donna Mayo, Deputy Clerk for
PHYLLIS LOFTIS, CITY CLERK
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