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Date: 6/7/2010Board: City CommissionDocumentType: MinutesWeb Posted: 6/22/2010 11:39:21 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
JUNE 7, 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, June 7, 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

Pamela Stephens Frank Sims
Commissioner Ward 1 Commissioner Ward 2 – Vice Mayor

James Harrod Billy Collier
Commissioner Ward 3 Commissioner Ward 4

John Winterringer Carl Holt
Commissioner Ward 5 Commissioner Ward 6

ABSENT: None

CALL TO ORDER

DECLARATION OF A QUORUM

INVOCATION Reverend Tim Sean Youmans
Emmanuel Episcopal Church
FLAG SALUTE







AGENDA ITEM NO. 1:
Consider recess of Board of City Commissioners to convene Shawnee Municipal Authority.

A motion was made by Vice Mayor Sims, seconded by Commissioner Winterringer, to recess the Board of Commissioners meeting and convene the Shawnee Municipal Authority. Motion carried. (6:35 p.m.)

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


AGENDA ITEM NO. 2: Consider reconvening Board of City Commissioners.

A motion was made by Vice Mayor Sims, seconded by Commissioner Collier to reconvene the Board of City Commissioners meeting. Motion carried 7-0. (7:05 p.m.)

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

AGENDA ITEM NO. 3: Consider approval of Agenda

A motion was made by Commissioner Harrod, seconded by Vice Mayor Sims to approve the Agenda. Motion carried.

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

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

a. Minutes from the May17, 2010 meeting.

b. Transfer of Appropriation – FY 2009-2010 General Fund

c. Acknowledge the following minutes and reports:

• Shawnee Civic and Cultural Development Authority minutes from April 15, 2010
• License Payment Report from 5/1/10 through 5/31/10
• Project Payment Report from 5/1/10 through 5/31/10

d. Confirm action taken by Shawnee Municipal Authority on SMA Agenda Item Number 3 regarding an agreement between the Shawnee Municipal Authority, a public trust (Shawnee), the Tecumseh Utility Authority, a public trust (Tecumseh), and the McLoud Public Works Authority, a public trust (McLoud).

e. Acknowledge Pioneer Library System budget for the FY 2011-12.

f. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Jeremy Howard.

g. Acknowledge receipt of application by Donna Houston for the Shawnee Housing Authority to fill unexpired term of James Blue, term to expire February 4, 2011.

h. Request authorization to advertise for bids on the Shawnee Lake No. 2 Intake Tower Valve(s) Replacement Project.

i. Lake Site Lease Transfers and Renewals:

Transfers:
• Lot 1 Roewe Tract, 5800 Sycamore Pond Drive
From: R. Thielen and P. Thielen
To: R. Burrell and J. Burrell

• Lot 3 Damron Tract, 33707 Belcher Road
From: G. Newman and L. Newman
To: J. Stuart and S. Howard


Renewals:
• Lot 9 A Eckel Tract, 15115 Eckel Road
M. Turk and L. Turk

• Lot 2 Seck Tract, 33704 Post Office Neck
R. Lamb and H. Lamb

• Lot 4 Magnino Tract, 16512 Archery Range Road
R. Jennings and B. Jennings

• Lot 4 Magnino A Tract, 17100 Magnino Road
M. White

• Lot 10 Magnino Tract, 16720 Clearpond Lane
W. Gugler and L. Gugler

• Lot 3 Eckel Tract, 15402 Eckel Road
H. Ellestad

• Lot 8 Roewe Tract, 32303 Hornbeck Road
T. Johnson and M. Johnson

• Lot 2 Damron Tract, 33705 Belcher Road
B. Benton

Mayor Peterson pulled Consent Agenda Item (a), May 17, 2010 minutes, and Commissioner Harrod pulled Consent Agenda Item (i) lake lease transfers and renewals, for further discussion.
A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to approve the balance of the Consent Agenda less items (a) and (i). Motion carried 7-0

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


Regarding Consent Agenda Item (a), the minutes of the May 17, 2010 meeting, it was noted that the first page of the minutes still had Commissioner Pam Stephens listed as Vice Mayor. With the correction of this one item, a motion was made by Commissioner Collier, and seconded by Vice Mayor Sims, to approve the minutes as corrected.

Regarding Consent Agenda Item (i), lake leases, Commissioner Harrod had questions regarding signing new leases now instead of waiting for the Shawnee Twin Lake Committee to bring their recommendation forward regarding longer lease periods. Community Development Director Justin Erickson explained some of these leases are from an existing backlog and are the result of efforts to bring all the leases current. He also informed the Commission that more of these leases would be on future agendas for their consideration.
Mayor Peterson had questions relating to the quality of the copies of maps and septic cleaning invoices. Mr. Erickson addressed each lease that Mayor Peterson had questions regarding.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Sims, to approve the lake lease transfers and renewals. Motion carried 7-0

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

ITEM NO. 5: Citizens Participation (A three minute limit per person)
(A twelve minute limit per topic)

There was no Citizen Participation

AGENDA ITEM NO. 6 : City Manager’s presentation of Employee of the Month to Gary Gum, Street Department.

City Manager Brian McDougal presented Mr. Gum a gift certificate and a Certificate of Appreciation on behalf of the City. Mr. Gum was present to accept.

AGENDA ITEM NO. 7: Consider resolution declaring certain mobile and portable radios surplus and authorizing staff to trade them to Sprint/Nextel for replacement units under the 800 MHz rebanding effort.

Emergency Management Director Don Lynch was present and explained that we were trading these radios to Sprint/Nextel and receiving new ones with no additional costs to the City.
A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to approve Resolution No 6386, declaring certain mobile and portable radios surplus and authorizing staff to trade them to Sprint/Nextel.

Resolution No. 6386 was introduced and read aloud:

A resolution declaring certain items of personal property surplus and no longer needed for city purposes; describing said items; and authorizing staff to proceed with trade-in of said property to Sprint/Nextel for replacement units under the 800 MHz rebanding effort.

Motion carried 7-0

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

AGENDA ITEM NO. 8: Consider Memorandum of Understanding with Oklahoma Office of Homeland Security for grant funds for Regional Council support.

Under this Memorandum of Understanding, the City would serve as the grant award recipient of $50,000 of 2009 Homeland Security grant funding and assign the funding to the State of Oklahoma Office of Homeland Security for the enhancement of the Homeland Security Regional Council framework. This grant provides funding for administrative support related to our regional council and seven other councils in the state.
A motion was made by Commissioner Harrod, seconded by Commissioner Stephens, to approve the Memorandum of Understanding with the Oklahoma Office of Homeland Security. Motion carried 7-0


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

AGENDA ITEM NO. 9: Public hearing regarding FY 2010-2011 budget.

Mayor Peterson opened the public hearing and the staff report was presented by City Manager Brian McDougal. Mr. McDougal provided a draft of the FY 2010-11 budget and presented a power point budget overview. The City’s 20 separate funds were listed and discussed. Mr. McDougal also spoke of the current year’s decline in revenue and the budget cuts that were taken to address the deficit.
Among methods used to balance the FY 10-11 budget were police concession, anticipated fire concessions, continuing with hiring freeze, continuing with wage and cost of living adjustment freeze and the inclusion of up to twelve furlough days for employees paid from the General Fund, not including those employees covered by collective bargaining agreements.
Responding to a question from the Commission, Mr. McDougal stated that in the event revenues begin to rebound, he will first reevaluate the need for continuing the furloughs, thus restoring employee salaries. The next step would be to allow departments to begin hiring to fill vacant positions. An ordinance approving the budget will be presented at the June 21, 2010 meeting.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Sims to recess the public hearing regarding the FY 2010-2011 budget until the June 21, 2010 meeting. Motion carried 7-0.

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

AGENDA ITEM NO. 10: Consider Oklahoma Municipal Retirement Fund Normal Retirement for Robert Dockery.

A motion was made by Commissioner Stephens, seconded by Commissioner Collier to approve the OMRF retirement for Robert Dockery. Motion carried 7-0.

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




AGENDA ITEM NO. 11: Consider Oklahoma Municipal Retirement Fund Normal Retirement for Don Vawter.

A motion was made by Commissioner Stephens, seconded by Commissioner Holt, to approve the OMRF retirement for Don Vawter. Motion carried 7-0.

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

AGENDA ITEM NO. 12: Consider recommendations from the Community Service Contracts Review Committee renewing the following contracts:

• To approve the contract with Senior Citizens, Inc. for FY 2010-11 in the amount of $70,000.00.
• To approve the contract with Central Oklahoma Community Action Agency/Central Oklahoma Transit for FY 2010-11 in the amount of $58,500.00.
• To approve the contract with the YMCA for operation of the Community Center for FY 2010-11 in the amount of $36,000.
• To approve a six-month contract with Downtown Shawnee, Inc. in the amount of $2,000 per month. (Community Service Contract Review Committee will meet in three months to review by-laws and discuss further.)

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to approve the recommendations from the Community Service Contracts Review Committee. Motion carried 7-0.

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


AGENDA ITEM NO. 13: Consider Bids.

Skid Steer Loader

City Engineer John Krywicki recommended the bid award for the Skid Steer Loader for the Streets Division to G&R Equipment Company in the amount of $25, 692.00 as the lowest and best bid.
A motion was made by Vice Mayor Sims, seconded by Commissioner Collier, to approve the recommendation to award the bid to G&R Equipment Company in the amount of $25,692.00 Motion carried. 7-0

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

SMA Transmission Line

Mr. Krywicki also recommended that the bid for the 30” raw water transmission line by awarded to the low bidder, Merryman Excavation, in the amount of $6,670,252.00. Mr. Krywicki stated that the references were checked and it appears that this is a very capable company with excellent credentials.
A motion was made by Commissioner Harrod, seconded by Vice Mayor Sims, to approve staff’s recommendation to award the SMA Transmission Line bid to Merryman Excavation in the amount of $6,670,252.00. Motion carried 7-0.

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

AGENDA ITEM NO. 14: New Business

There was no New Business.

AGENDA ITEM NO. 15: Administrative Reports.

John Krywicki reported on the Independence Day celebration at the Expo Center. This year’s festivities are limited to fireworks only. Due to last year’s inclement weather, the event was cancelled. However, the City was still responsible for payment of entertainment contracts. This year’s celebration will be held on Friday, July 2nd.
Justin Erickson reported on the Regional Park public meeting to be held Thursday, June 10, 2010. This meeting was requested by Jacobs Inc., the company preparing the Regional Park master plan, to obtain public input regarding what residents would like to see included in the park. It was noted by some Commissioners that they did not get enough advanced notice of this meeting. Mr. Erickson stressed that there would be additional meetings at each phase of the process and that he would insure that sufficient notice was given.
Police Chief Russell Frantz reported on two separate grants that the Police Department would by applying for. One grant is in conjunction with the Sheriff’s Office for equipment and the other grant is the COPS grant for hiring additional officers.
Interim Director of Operations James Bryce reported on the veterans’ display at Woodland Veterans Park. He noted that phase I funding is complete and that the application for a static display has been submitted. Once a display item becomes available, the City will be notified and will determine at that time if it will be possible to maintain the specific item that is available. Phase II funding for the memorial has begun.
Emergency Management Director Don Lynch reported that until an emergency declaration is received, we will not be reimbursed for debris removal. Mr. Lynch is working on the contract language for the debris removal in anticipation of receiving the emergency declaration. He further noted that FEMA is continuing to register persons that sustained damage during the May storms. He further announced that the new generator is in and the expected cut over date for the generator is June 26th.


AGENDA ITEM NO. 16: Commissioners Comments

Commission Harrod had questions to staff as follows:

To Justin Erickson he questioned reports that CLO is leasing additional lake lots. Mr. Erickson reported that the CLO is currently putting people’s names on a waiting list but are not leasing new sites currently.

To Assistant Airport Manager Rex Hennen he asked why the new terminal building has not been started. Mr. Hennen reported that B & B Builders are ready to go but are waiting for AT&T to relocate phone lines.

AGENDA ITEM NO. 17: Consider an Executive Session to discuss City Manager’s evaluation pursuant to 25 O.S. §307(B)(1).

A motion was made by Commissioner Stephens, seconded by Commissioner Winterringer to enter into Executive Session. City Commission meeting recessed at 9:20 p.m. All Commissioners enter into Executive Session. Motion carried 7-0.

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

City Commission reconvenes at 11:10 p.m. with all Commissioners present.

AGENDA ITEM NO. 18: Consider matters discussed in Executive Session regarding City Manager’s evaluation pursuant to 25 O.S. §307(B)(1).

A motion was made by Vice Mayor Sims, seconded by Commissioner Stephens, to extend the City Manager’s contract three years, until February 1, 2013. Motion carried 7-0.

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

AGENDA ITEM NO. 19: Adjournment

A motion was made by Commissioner Stephens, seconded by Vice Mayor Sims to adjourn. Motion carried 7-0. (11:12 p.m.)

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




______________________________
Linda Peterson, Mayor


(SEAL)

Attest:

____________________________
Phyllis Loftis, City Clerk

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