Date: 9/16/2013Board: City CommissionDocumentType: MinutesWeb Posted: 10/8/2013 11:17:59 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
SEPTEMBER 16, 2013 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, September 16, 2013 at 6:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Mainord presided and called the meeting to order. Upon roll call, the following members were in attendance.

Wes Mainord
Mayor

Pam Stephens Linda Agee
Commissioner Ward 1 Commissioner Ward 2

James Harrod Keith Hall
Commissioner Ward 3-Vice Mayor Commissioner Ward 4

John Winterringer Steve Smith
Commissioner Ward 5 Commissioner Ward 6

ABSENT: None

INVOCATION Lord’s Prayer led by Mayor Mainord

FLAG SALUTE Led by Vice Mayor Harrod

AGENDA ITEM NO. 1: Consider approval of Agenda.

City Attorney Mary Ann Karns asked Commissioners to move Agenda Item No. 16 to be considered after Agenda Item No. 13. A motion was made by Vice Mayor Harrod, seconded by Commissioner Smith, to approve the agenda, as revised. Motion carried 7-0.

AYE: Harrod, Smith, Stephens, Agee, Mainord, Hall, Winterringer
NAY: None

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

a. Minutes from the September 3, 2013 regular meeting.

b. Acknowledge the following minutes and reports:
• Shawnee Civic and Cultural Development Authority minutes from June 20, 2013
• License Payment Report for August 2013
• Project Payment Report for August 2013

c. Authorize staff to apply for sub-grant of Emergency Management Performance Grant funds from Oklahoma Department of Emergency Management.

d. Authorize staff to advertise for proposals to provide snow and ice removal assistance from city streets.

A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to approve the Consent Agenda Item Nos. 2(a-d). Motion carried 7-0.

AYE: Hall, Harrod, Mainord, Winterringer, Smith, Stephens, Agee
NAY: None

AGENDA ITEM NO. 3: Commissioners Comments

Commissioner Agee said that she disagrees that if people do not show up for City Commission meetings that they do not care. More effort needs to be made to keep everyone informed.
Vice Mayor Harrod requested an update on the municipal pool. Director of Operations reported that last Tuesday the committee decided to go with the original plan. It will be 5 1/2 weeks until bidding. Mayor Mainord stated the City is accepting donations for the pool.
Commissioner Smith reported that a citizen said the lateral lines are required to be 500 feet from the lake. Commissioner Agee said it was 150 feet.
Commissioner Winterringer asked for an update on the Federal Street Bridge. City Engineer John Krywicki reported it will be 5 - 6 weeks until completed.

AGENDA ITEM NO. 4: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)

Phil Tomlinson gave an update on the fundraising for the pool

AGENDA ITEM NO. 5: Mayor’s Proclamations:

“No Texting While Driving Day”
September 19, 2013

Police Chief Russell Frantz accepted the Mayor’s Proclamation for “No Texting While Driving Day” presented by Mayor Mainord.

“Fire Prevention Week”
October 6-12, 2013

Fire Marshall David Anderson accepted the Mayor’s Proclamation for “Fire Prevention Week” presented by Mayor Mainord.

AGENDA ITEM NO. 6: City Manager’s presentation of Employee of the Month to Lindsay Pickens of Public Works.

Lyndsay Pickens was present to accept the Employee of the Month Certificate presented by City Manager Brian McDougal.

AGENDA ITEM NO. 7: Report from the student delegates regarding their trip to Nikaho, Japan.

Teachers who spoke were Pamela Hamman and Beth Polston. Students that spoke were Liam Larson, Brice Koons, Sabrina Bartley and Macie May. A letter from Anika Stevens was read to the Commission.

AGENDA ITEM NO. 8: Acknowledge Sales Tax Report received September 2013.

Cynthia Sementelli, Finance Director, reported that September Sales Tax receipts were up $63,426.00 this month or 4.706% compared to last year actual for the same time frame. September Sales tax amount received plus interest was $1,412,708.00 which accumulatively for the fiscal year we are up $152,828.00 or 3.72%.

AGENDA ITEM NO. 9: City Manager’s Report.

City Manager Brian McDougal reported on the following items:
1. PCDA. The Pottawatomie County Development Authority acquisition is off the table for now. They are hiring their own operator.
2. 911 Center. Reported on their recent visit to the 911 center in Lawton.
3. Pension Choice. Sixty percent of non-union employees chose the defined benefit (pension) plan and forty percent chose the defined contribution plan.
4. City Hall Parking Lot. Explained the City Hall parking lot layout for the parking spaces.
5. Special Call Meeting. The special call meeting to discuss the Master Water Plan and Capital Improvements projects list has been rescheduled for September 30, 2013.
6. Business Licenses. Looking for a way to audit sales tax compliance
7. Taxi Cabs. The new ordinance regarding taxi cabs will be on the October 21, 2013 meeting.
8 Storm Shelters. Staff is continuing to look for alternatives for citizens instead of the City Hall basement.
9. Storm Victims. Case management for storm victims is continuing as a coordinated effort with other agencies.
10. iPad Device. There is a new iPad in the lobby for information and payment of fines and utility bills.
11. Electronic Voting. The electronic voting system for the Commission will be in place within the next 30 days.
12. Oklahoma Municipal League. Staff will be attending the Oklahoma Municipal League Conference in Tulsa this week.

AGENDA ITEM NO. 10: 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. 11: Administrative Reports

Assistant Airport Manager Keenan English reported on the Airport Fly-In and Pancake Breakfast scheduled for October 5, 2013.

Finance Director/Treasurer Cynthia Sementelli distributed copies of a visual guide illustrating revenue collected and distribution of city funds for FY 2013. She asked for Commissioners input before she proceeded with printing of the document.

RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO CONVENE SHAWNEE AIRPORT AUTHORITY AND SHAWNEE MUNICIPAL AUTHORITY (7:20 p.m.)

RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR (8:23 p.m.)

AGENDA ITEM NO. 12: Consider an Executive Session to discuss City Manager’s performance evaluation and employment contract pursuant to 25 O. S. §307(B)(1) "Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee;"

A motion was made by Vice Mayor Harrod, seconded by Commissioner Agee, to defer consideration of the City Manager’s performance evaluation and employment contract for 30 days. It will be considered at the October 21, 2013 City Commission meeting. Motion carried 4-3.

AYE: Harrod, Agee, Mainord, Hall
NAY: Winterringer, Smith, Stephens

AGENDA ITEM NO. 13: Consider an Executive Session to discuss City Attorney’s performance evaluation and employment contract pursuant to 25 O. S. §307(B)(1) "Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee;"

A motion was made by Vice Mayor Harrod, seconded by Commissioner Agee, to enter into Executive Session to discuss City Attorney’s performance evaluation and employment contract pursuant to 25 O. S. §307(B)(1) "Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee;". Motion carried 7-0.

AYE: Harrod, Agee, Mainord, Hall, Winterringer, Smith, Stephens
NAY: None

AGENDA ITEM NO. 16: Consider an Executive Session to discuss potential claims, litigation or other options regarding CJ 2013-377, Pottawatomie County, Nash Construction v. City of Shawnee, as authorized by 25 O.S. §307(B)(4).

A motion was made by Commissioner Hall, seconded by Vice Mayor Harrod, to enter into Executive Session to discuss potential claims, litigation or other options regarding CJ 2013-377, Pottawatomie County, Nash Construction v. City of Shawnee, as authorized by 25 O.S. §307(B)(4). Motion carried 7-0.

AYE: Hall, Harrod, Mainord, Winterringer, Smith, Stephens, Agee
NAY: None

COMMISSION ENTERED INTO EXECUTIVE SESSION AT 8:29 P.M. WITH ALL MEMBERS PRESENT.

COMMISSION RECONVENED FROM EXECUTIVE SESSION AT 9:16 P.M. WITH ALL MEMBERS PRESENT

AGENDA ITEM NO. 14: Consider matters discussed in Executive Session regarding City Manager’s performance evaluation and employment contract pursuant to 25 O. S. §307(B)(1) "Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee;"

Item deferred.

AGENDA ITEM NO. 15: Consider matters discussed in Executive Session regarding City Attorney’s performance evaluation and employment contract pursuant to 25 O. S. §307(B)(1) "Discussing the employment, hiring, appointment, demotion, disciplining or resignation of any individual salaried public officer or employee;"

A motion was made by Commissioner Stephens, seconded by Commissioner Hall, to amend the contract with the City Attorney to include 180 severance days, to receive a 5% merit increase retroactive to July 2, 2013, and to include a provision that any employees of the City Attorney are deemed city employees but answerable to the City Attorney only. Motion carried 7-0.

AYE: Stephens, Hall, Winterringer, Smith, Agee, Harrod, Mainord
NAY: None

AGENDA ITEM NO. 17: Consider matters discussed in Executive Session regarding CJ 2013-377, Pottawatomie County, Nash Construction v. City of Shawnee, as authorized by 25 O.S. §307(B)(4).

A motion was made by Commissioner Stephens, seconded by Commissioner Winterringer, to approve the City Attorney to engage outside representation to defend CJ 2013-377, Pottawatomie County, Nash Construction v. City of Shawnee. Motion carried 7-0.

AYE: Stephens, Winterringer, Smith, Agee, Harrod, Mainord, Hall
NAY: None

AGENDA ITEM NO. 18: Adjournment

There being no further business to be considered, the meeting was adjourned by power of the Chair. (9:20 p.m.)

WES MAINORD, MAYOR

ATTEST:

_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK

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