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Date: 1/5/2009Board: City CommissionDocumentType: MinutesWeb Posted: 1/21/2009 10:55:50 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
JANUARY 5, 2009 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 5, 2009 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

Billy Collier
Commissioner Ward 3 Commissioner Ward 4

Vacant Carl Holt
Commissioner Ward 5 Commissioner Ward 6

ABSENT: James Harrod

INVOCATION Rev. Leroy Kerbo
Oak Park Church of God
FLAG SALUTE

AGENDA ITEM NO. 1: Approve minutes from the December 15, 2008 and December 18, 2008 meetings.

A motion was made by Commissioner Holt, seconded by Commissioner Collier, to approve the minutes from the December 15, 2008 and December 18, 2008 meetings. Motion carried. 5-0

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

AGENDA ITEM NO. 2: Swearing in of John Winterringer, Ward V Commissioner, by Municipal Judge Robert H. Jones.

Municipal Judge Robert H. Jones conducted the swearing-in ceremony and administered the Oath of Office to Ward V Commissioner John Winterringer.

AGENDA ITEM NO. 3: Consider approval of Agenda:

A motion was made by Commissioner Holt, seconded by Commissioner Sims, to consider Agenda Item No. 11 and Agenda Item No. 13 after Agenda Item No. 6 and before Agenda Item No. 7. Motion carried 6-0.

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

A motion was made by Commissioner Holt, seconded by Commissioner Sims, to defer Agenda Item No. 10 and Agenda Item No. 12 to the January 20, 2009 meeting. Motion carried 6-0,

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


AGENDA ITEM NO. 4: Consider approval of Consent Agenda:

a. Supplemental Budget Amendment Economic Development Fund 104 and Hotel/Motel Tax Fund 106.
To budget for $50,000 pledge to the Veterans’ Memorial in Woodland/Veterans’ Memorial Park. Deferred from 12/1/08

b. Acknowledge the following minutes:
• Shawnee Civic and Cultural Development Authority minutes from November 20, 2008

c. Approve application for normal retirement for Vonna Ham from the Oklahoma Municipal Retirement Fund.

d. Approve Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Nathan Leitz

e. Lake Site Lease Renewals:

• Lot 7A North School Tract, 31511 Ingram Road
V. Potter

• Lot C Hart Tract, 16009 Hart Road
Hawk Living Trust

• Lot 6C North School Tract, 31609 Ingram Road
R. Weaver and P. Weaver

• Lot 4 Coffman Tract, 15401 Perry Road
P. Gatewood and E. Gatewood

• Lot 2 North School Tract, 31821 Ingram Road
O. Martin and V. Martin

• Lot 14 South School Tract, 15221 South School Road
E. Smith

f. Mayor’s Appointments:

Shawnee Civic and Cultural Development Authority
Mr. Casey Bell to fulfill the unexpired term of Rocky Wade, term to expire 12/31/10.

Planning Commission
Mr. Chris Silvia to fulfill the unexpired term of Rusty Jones, term to expire 6/01/09.

Local Elected Officials Consortium of the East Central Workforce Investment Area
Linda Peterson to replace Chuck Mills

Before voting on the Consent Agenda, Interim City Manager Phyllis Loftis requested that Agenda Item No. 4(a) be pulled and deferred to the January 20, 2009 meeting so that a resolution might accompany the budget amendment

A motion was made by Commissioner Holt, seconded by Commissioner Collier, to approve Consent Agenda Item No. 4(b-f), as presented. Motion carried 6-0.

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

In consideration of Agenda Item No. 4(a) concerning the Supplemental Budget Amendment Economic Development Fund 104 and Hotel/Motel Tax Fund 106, it was requested this item be deferred to the January 20, 2009 meeting so that a resolution can accompany the budget amendment.

A motion was made by Commissioner Holt, seconded by Commissioner Collier, to defer the Supplemental Budget Amendment Economic Development fund 104 and Hotel/Motel Tax Fund 106 until the January 20, 2009 meeting. Motion carried 6-0.

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

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: Consider resolution of appreciation to Yvonna M. Ham for over 27 years of serive to the City of Shawnee.

Resolution No. 6344 was introduced and the title read aloud.

RESOLUTION NO. 6344 ENTITLED A RESOLUTION EXPRESSING APPRECIATION TO YVONNA M. HAM FOR OVER 27 YEARS OF LOYAL SERVICE TO THE CITY OF SHAWNEE, OKLAHOMA; DIRECTING THAT SAID RESOLUTION BE SPREAD UPON THE OFFICIAL RECORDS OF THE CITY OF SHAWNEE, OKLAHOMA; AND AUTHORIZING A COPY BE PRESENTED TO YVONNA M. HAM.

A motion was made by Commission Collier, seconded by Vice-Mayor Stephens, that the Title and Resolution No. 6344 be approved. Motion carried. 6-0

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

AGENDA ITEM NO. 5: Mayor’s Presentation and Proclamation

Presentation Resolution of Appreciation to Yvonna M. Ham. Yvonna was present to accept the resolution.

“Crystal Darkness Campaign”
January 13, 2009
(accepted by Police Chief Russell Franz)

Chief Franz announced there would be a film presented at the Ritz Theater on Tuesday, January 13, 6:30 p.m. on the Crystal Meth crisis with people available to answer questions.

AGENDA ITEM NO. 6: Presentation by Mr. Jim Watters with the Department of Commerce Oklahoma Main Street Program to the City of Shawnee.

Mr. Jim Watters with the Department of Commerce Oklahoma Main Street Program presented a plaque to Mayor Linda Peterson in recognition of the $25 Million Dollar milestone in private investment to the Downtown Shawnee Program. Mayor Peterson thanked Mr. Watters and also issued a thank you to the businesses and individuals that made the investment in the Downtown Shawnee Program.

THE COMMISSION WILL DEVIATE FROM THE WRITTEN AGENDA TO CONSIDER AGENDA ITEM NO. 11 AND AGENDA ITEM NO. 13.

AGENDA ITEM NO. 11: Consideration and possible action to enter into Executive Session to discuss employment of City Manager pursuant to 25 O.S. Sec. 307 (B)(1) on recommendation of counsel.

A motion was made by Commissioner Sims, seconded by Commissioner Collier, to enter into Executive Session to discuss employment of City Manager pursuant to 25 O.S. Sec. 307 (B)(1) on recommendation of counsel. Motion carried. 6-0

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

CITY COMMISSION NOW IN EXECUTIVE SESSION AT 6:52 P.M.

CITY COMMISSION RECONVENED IN REGULAR SESSION AT 7:37 P.M. WITH ALL COMMISSIONERS PRESENT INCLUDING COMMISSIONER HARROD.

AGENDA ITEM NO. 13 Consideration and possible action on items discussed in Executive Session regarding employment of City Manager pursuant to 25 O.S. Sec. 307 (B)(1) on recommendation of counsel.

City Attorney John Canavan discussed the proposed contract negotiated with Brian McDougal for the position of City Manager. There were several points that had been clarified and a tentative agreement was ready for the commission approval.

A motion was made by Commissioner Sims, seconded by Commissioner Holt, to approve the contract, as presented, with Brian McDougal for the position of City Manager beginning February 1, 2009. Motion carried. 7-0

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

COMMISSION NOW RETURNS TO FORMAL AGENDA

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: Consider Bids:

a. Remodel Shawnee Public Library Story Time Room and Children’s Restroom (Award) Deferred from December 15, 2008

James Bryce, Interim Director of Operations, reported the one bid received from Buoy Brothers Construction in the amount of $37,860 was over budget and staff would like to reject the bid and divide the project into four separate projects sub-contracting each part of the remodel out separately.

A motion was made by Commissioner Sims, seconded by Commissioner Collier, to reject the bid received and sub-contract the project out with staff overview and some in-house labor. Motion carried. 7-0

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

b. Supply and Install Carpet in Main Public Area of the Shawnee Public Library (Award) Deferred from December 15, 2008

Staff recommendation was to accept this bid from FloorCo in the amount of $58,988 to supply and install carpet in the Main Public Area of the Shawnee Public Library.

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to accept the bid from FloorCo Construction in the amount of $58,988 to supply and install carpet in the designated area of the Shawnee Public Library. Motion carried. 7-0

AYE: Harrod, Sims, Peterson, Collier, Winterringer, Holt, Stephens

AGENDA ITEM NO. 9: Administrative Reports

James Bryce, Interim Director of Operations, gave a report of the Municipal Pool. The drawing for improvements to the main drain and mechanical in basement are 90% complete. Mr. Bryce expects to bring request to go for bids back to the commission soon. Most of the $200,000 budgeted for this project will be used.

Neva Treiber, Treasurer and Finance Director, gave an update of the audit report. There is a delay in sending the audit to the State due to scheduling problems out of our control. The audit will be submitted to the State by February 15. Ms. Treiber also went over a time line showing how much progress is ahead of last year.
Vice-Mayor Stephens commended the Treasurer and her staff on the improvements made to the office and financials.
City Engineer John Krywicki reported on the “Red, White and Blue” fireworks and entertainment for the 4th of July celebration annually held at the Expo Center. He reported on the amount budgeted and where it was budgeted as a matter of information for new commissioners. The planning and contracting for entertainment will need to begin next month.

AGENDA ITEM NO. 14: Commissioners Comments

Vice-Mayor Stephens wished everyone a “Happy New Year” and welcomed John Winterringer to the commission.
Mayor Peterson invited everyone to attend a Martin Luther King, Jr. Day celebration on Sunday, January 18, 3:00 p.m. at the Galilee Baptist Church.
Commissioner Harrod apologized for missing the swearing in of Commissioner Winterringer. He then requested information on changing Beard and Market streets from Highland to Federal two-way rather than one-way.
Mayor Peterson reminded everyone of the watch party for the film
“Crystal Darkness” to be held at the Ritz Theater on Tuesday, January 13, 6:30 p.m.

AGENDA ITEM NO. 15: Adjournment

There being no further business to be considered, a motion was made by Commissioner Harrod, seconded by Commissioner Collier, that the meeting be adjourned. Motion carried 7-0. (8:10 p.m.)

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


LINDA PETERSON, MAYOR
(SEAL)
ATTEST:

DONNA MAYO, ACTING CITY CLERK

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