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Date: 10/18/2010Board: City CommissionDocumentType: MinutesWeb Posted: 11/4/2010 2:02:46 PM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
OCTOBER 18, 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, October 18, 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 Absent
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: Vice Mayor Frank Sims

CALL TO ORDER

DECLARATION OF A QUORUM

INVOCATION Rev. Larry Sparks
New Beginnings Church

FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda:

A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer to approve the Agenda. Motion carried 6-0.

AYE: Harrod, Winterringer, Holt, Stephens, 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 8.
b. Minutes from the October 4, 2010 meeting.

c. Budget Amendment to Shawnee Municipal Authority to amend the budget for the 30 inch water line loan

d. Acknowledge the following minutes and reports:

• Sister Cities Council minutes from July 13,2010,
August 12, 2010, and September 14, 2010
• Planning Commission minutes from September 1, 2010
• Beautification Committee minutes from August 2, 2010
• Project Payment Report September 1-30, 2010
• License Payment Report September 1-30, 2010

e. Acknowledge Pioneer Library System Audited Financial Statements at June 30, 2010.

f. Approve recommended holiday schedule for 2011.

g. Acknowledge award and acceptance of the COPS Grant.

h. Approve lease agreement with Shawnee Twin Lakes Trap Club Inc. LLC.

i. Approve renewal of contract with Shawnee Housing Authority to provide one police officer.

j. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Richard Smith, Street Department - Equipment Operator I.

k. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for April Mcdonald, Police Department - Dispatch.

l. Authorize staff to purchase a 2011 Ford F350 4WD cab at state bid price of $23,756.90 from Bob Hurley Ford.

m. Acknowledge Mayor’s re-appointments to the following boards and authorities:

Shawnee Hospital Authority for six year terms:
NAME TERM EXPIRES
John Robinson, M.D. 9/30/2016
Charles Skillings 9/30/2016
Mike Warwick 9/30/2016

Shawnee Public Library Board for three year terms:
NAME TERM EXPIRES
Allison Brown 2nd term 6/30/2013
Starla Howard 2nd term 6/30/2013


n. Lake Site Lease Transfer and Renewals:
Transfer:

• Lot 19 Belcher Tract, 33402 Post Office Neck
From: L. Yeatts
To: L. Yeatts and B. Brooks

Renewals:

• Lot 8 Green Tract, 32001 Hornbeck Road
P. Hill

• Lot 14 Eckel Tract, 15005 Colson Lane
C. Colson

• Lot 14 Belcher Tract, 33202 Post Office Neck
M. Bertram

o. Authorize staff to solicit requests for proposals/qualifications for snow and ice removal from City streets.

Commissioner Collier asked that Agenda Item 2(h) be pulled for separate consideration.

A motion was made by Commissioner Harrod, seconded by Commissioner Holt, to approve the Consent Agenda (a – o), less consent item (h). Motion carried 6-0.

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

Regarding Consent Agenda Item No. 2(h), the approval of the lease agreement with the Shawnee Twin Lakes Trap Club, Inc., Commissioner Collier questioned whether this organization is open for the benefit of all citizens who wish to use it. He stated that public funds should not be used to allow this organization to lease the property from the City of Shawnee unless the facility is open and available to everyone. Commissioner Collier requested that a representative from the Shawnee Twin Lakes Trap Club, Inc. be invited to the next City Commission meeting to provide more information regarding their facility before a decision is made regarding the leasing of this property.

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to table this item until the November 1, 2010 meeting so that more information can be provided. Motion carried 6-0

AYE: Harrod, Collier, Winterringer, Holt, Stephens, 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: Mayor’s Proclamations

"Suicide Prevention Awareness Day"
Oct. 23, 2010
(Accepted by¬¬ Kristy Morrel, Absentee Shawnee Tribe)


AGENDA ITEM NO. 5: City Manager’s presentation of Employee of the Month to James Wood, Police Patrol.

Officer Wood was not present to accept this award and City Manager Brian McDougal said staff would make sure that Officer Wood received it.

AGENDA ITEM NO. 6: Consider approval of Shawnee School Land Final Plat, located west of Patterson Road on Lake #1 Shawnee Twin Lakes.


Commissioner Harrod addressed questions regarding this item to Justin Erickson, Community Development Director. Commissioner Harrod stated his concern with allowing the Commissioners of the Land Office to develop and lease the sixteen additional leases that are controlled by the CLO. Commissioner Harrod indicated his concern is with building additional homes next to the City’s water source and would like to see an environmental impact study done.
Mr. Erickson stated that the CLO would be subject to the City’s zoning requirements, plus additional rules and conditions required by the State that go above and beyond the City’s requirements.
A motion was made by Commissioner Holt, seconded by Commissioner Collier, to approve staff’s recommendation to approve the Shawnee School Land Final Plat, subject to the condition that the plat shall not be recorded until after October 31, 2010. Motion carried 4-2.

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

AGENDA ITEM NO 7: Acknowledge Sales Tax Report received October 2010.

Finance Director Cindy Sementelli presented the sales tax report which shows sales tax up 8.24% over last year’s receipts, and 3.07% up over the same time period in 2008.

AGENDA ITEM NO. 8: Consider Bids:

Purchase and Installation of Carpet and Tile for the Shawnee Senior Center (Open)

Interim Director of Operations James Bryce stated that one bid was received from Jon Thompson of Shawnee, Oklahoma in the amount of $43,870., with an add alternate bid for furniture removal of $2,000.

Staff requests that the bid award be deferred to the November 1st meeting to allow staff time to review and make a recommendation. A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, to defer this bid award to November 1, 2010. Motion carried 6-0

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

b. Repairs to Screw Pumps Contract No. COS-SMA-11-03 (Award)

Utility Director Jim Bierd announced that the bids received for this item were significantly over budget and recommends rejecting all bids received and re-bidding the project. Mr. Bierd stated that the opening for the re-bid project is scheduled for December 6, 2010.
A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to reject all bids and re-bid the project with the bid opening at the December 6, 2010 meeting. Motion carried 6-0.

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

c. Chlorination/Dechlorination Equipment Contract No. COS-SMA-11- 02 (Award)

Utility Director Jim Bierd announced that the bids received for this item were also significantly over budget. It is his recommendation that the bids received be rejected and the project be completed in-house.
A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to reject all bids. Motion carried 6-0.

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


AGENDA ITEM NO. 9: New Business

There was no new business.

AGENDA ITEM NO. 10: Administrative Reports.

There were no administrative reports

AGENDA ITEM NO. 11: Commissioners Comments

Commissioner Harrod restated his concern about the additional homes being allowed around the lake and again requested an impact study.

AGENDA ITEM NO. 12: Consideration and possible action to enter into executive session for confidential communications with legal counsel regarding claims asserted by IUPA, Local No. 3 upon the advice of legal counsel that public disclosure would impair the ability of the City to process the claim and conduct an investigation in the public interest, as authorized by 25 O.S. §307(B)(4).



AGENDA ITEM NO. 13: Consideration and possible action to enter into Executive Session to discuss the purchase of real property for public safety purposes; pursuant to 25 O.S. §307(B)(3).

A motion was made by Commissioner Stephens, seconded by Commissioner Harrod, to enter into Executive Session to consider both Agenda Items 12 and 13.

Motion carried 6-0

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


COMMISSIONERS ENTER INTO EXECUTIVE SESSION AT 6:59 P.M.

COMMISSIONERS RETURN FROM EXECUTIVE SESSION AT 7:50
P.M. WITH ALL COMMISSIONERS PRESENT.

AGENDA ITEM NO. 14: Consideration and possible action on items discussed in executive session, including consideration of authorizing legal counsel to respond to the claims asserted by IUPA, Local No. 3 and to file an unfair labor practice charge or charges with the Public Employees Relations Board and to initiate such other proceedings as may be deemed warranted.


A motion was made by Commissioner Harrod, seconded by Commissioner Winterringer to direct city staff to file an unfair labor practice charge or charges with the Public Employees Relations Board and to initiate such other proceedings as may be deemed warranted in response to the claims asserted by the IUPA Local No. 3. Motion carried 6-0.

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

AGENDA ITEM NO. 15: Consideration and possible action on matters discussed in Executive Session regarding the purchase of real property for public safety purposes; pursuant to 25 O.S. §307(B)(3).

A motion was made by Commissioner Harrod, seconded by Commissioner Holt to direct staff to purchase property located at 217 N. Beard in the amount of $126,000. Motion carried 6-0.

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

AGENDA ITEM NO. 16 : Adjournment

There being no further business before the Commission, a motion was made by Commissioner Holt, seconded by Commissioner Collier to adjourn. Motion carried 6-0. (7:52 p.m.)

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

_____________________________
Linda Peterson, Mayor


Attest:

________________________
Phyllis Loftis, City Clerk

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