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Date: 6/20/2011Board: City CommissionDocumentType: MinutesWeb Posted: 7/6/2011 8:48:26 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
JUNE 20, 2011 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 20, 2011 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 Commissioner Ward 2

James Harrod Billy Collier
Commissioner Ward 3 Commissioner Ward 4-Vice Mayor

Absent Steve Smith
Commissioner Ward 5 Commissioner Ward 6

ABSENT: John Winterringer

INVOCATION Don Lynch

FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda.

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

AYE: Harrod, Sims, Peterson, Collier, Smith, Stephens
NAY: None

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

a. Minutes from the June 6, 2011 regular meeting.

b. Budget Amendment – General Fund – to bring up compensated absences from fund balance to accommodate those who left

c. Budget Amendment – SMA – to adjust budget for compensated absences

d. Budget Amendment – General Fund – to adjust for overage in cost centers

e. Budget Amendment – Work Comp Self-Insurance Fund

f. Budget Amendment – SMA – to adjust departments

g. Acknowledge the following minutes and reports:

• Shawnee Urban Renewal Authority minutes from April 5, 2011
• Beautification Committee minutes from May 2, 2011
• Project Payment Report for the month of May, 2011
• License Payment Report for the month of May, 2011

h. Acknowledge annual budget for the Pioneer Library System FY 2011-2012.

i. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Kenneth Darren Harris.

j. Approve agreement with Pottawatomie County Commissioners to improve Coker Road.

k. Approve Lease Agreement with Project H.E.A.R.T., Inc.

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve the Consent Agenda Items a – k. Motion carried 6-0.

AYE: Harrod, Sims, Peterson, Collier, Smith, Stephens
NAY: None


AGENDA ITEM NO. 3: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)

Mr. Fred Turner spoke regarding the OMRF retirement fund of non-union employees and the pension plans for covered Fire and Police personnel. Mr. Turner stated that he feels the City is making excessive contributions to these employee funds.

AGENDA ITEM NO. 4: Consider Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan and refund of contributions from the Defined Contribution Plan for Nancy Warren.

A motion was made by Commissioner Harrod, seconded by Commissioner Collier, to pay lump sum payment from Defined Benefit Plan and refund all contributions from the Defined Contribution Plan for Nancy Warren. Motion carried 6-0.

AYE: Harrod, Collier, Smith, Stephens, Sims, Peterson
NAY: None

AGENDA ITEM NO. 5: Public hearing and consider a resolution adopting the budget for the City of Shawnee for the period of July 1, 2011 through June 30, 2012 finding all things requisite and necessary have been done in preparation and presentation of budget.

Mayor Peterson declared a public hearing and asked for public comments from anyone in favor or in protest of this resolution.

Mr. Fred Turner addressed the Commission again with his concerns regarding the retirement/pension funds and urged the Commission to not approve the budget under they have received more information regarding this issue. No other person(s) came forward to speak on this item and the public hearing was closed.

City Manager Brian McDougal addressed the budget issue and stated that two budget options have been provided to the Commission, however it was staff’s recommendation to proceed with the cash basis budget option due capital projects’ priorities and funding sources, which have yet to be determined. Mr. McDougal stated that should the Commission desire to change to the other option, the budget could be amended at a later date.

When asked about the issues raised by Mr. Turner, Mr. McDougal stated that the fire/police pension amounts are set by the State of Oklahoma and cannot be changed by the City. He further related that the City is contributing nearly 23% to OMRF for non-union employees and that it is 90% funded. Cindy Sementelli, Finance Director, confirmed that the amount paid into the retirement fund is based on an actuarial percentage of our current payroll.

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve a resolution adopting the budget for the City of Shawnee for the period of July 1, 2011 through June 30, 2012 finding all things requisite and necessary have been done in preparation and presentation of said budget.

The title of Resolution No. 6409 was then read into the record:

Resolution No. 6409:

A RESOLUTION APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF SHAWNEE, OKLAHOMA FOR THE PERIOD JULY 1, 2011 THROUGH JUNE 30, 2012 FINDING ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTATION OF SAID BUDGET.

Motion carried 6-0.

AYE: Harrod, Sims, Peterson, Collier, Smith, Stephens
NAY: None

AGENDA ITEM NO. 6: Acknowledge Sales Tax report received June, 2011.

Finance Director Cindy Sementelli reported that sales tax were down this month approximately $34,000 over last year. However, revenues are approximately $724,200 above year-to-date budget projections.


AGENDA ITEM NO. 7: Consider Bids:

a. Water Treatment Plant Chemical Building HVAC System Project No. SHA-10-02 (Award)

Utility Director Jim Bierd announced that three bids were received and after review and consideration it was staff’s recommendation to award the bid to All Phase Electric of Shawnee, Oklahoma in the amount of $75,000.00.

A motion was made by Commissioner Sims, seconded by Commissioner Collier, to accept staff’s recommendation and award the bid to All Phase Electric in the amount of $75,000.00. Motion carried 6-0.

AYE: Sims, Collier, Smith, Stephens, Harrod, Peterson
NAY: None

AGENDA ITEM NO. 8: 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. 9: Administrative Reports

Director of Operations James Bryce reported on the city auction held on June 11, 2011. The amount of $22,776.80 was the amount cleared by the City after payment to the auctioneer. Mr. Bryce further stated that his intention is to have city auctions on an annual or semi-annual basis.

Police Chief Russell Frantz reported that the City of Shawnee has been awarded the United States Department of Justice, Burns Grant in the amount of $25,277.00. Chief Frantz said that it was the department’s intention to purchase additional tasers with the grant funds.
Chief Frantz further reported that burglary suspects in two separate incidents have been apprehended.

AGENDA ITEM NO. 10: Commissioners Comments

Commissioner Smith reported that he had recently attended Oklahoma Municipal League training provided to new Commissioners and felt he had a better understanding of city government. Further, that he was very happy to be representing the City of Shawnee and congratulated all for their professionalism in the operations of city government.

Mayor Peterson told Commissioners that the City Manager would soon be providing them with a list of upcoming events being held in the city.

Commissioner Harrod mentioned he had been informed of a water problem west of the Elk’s Lodge and that fire protection insurance increased approximately $4,000 per year to residents in the area. Commissioner Harrod asked if staff would make contact with residents regarding annexation into the city limits.

AGENDA ITEM NO. 11: Consider an Executive Session to discuss possible mediation or settlement in the case of the City of Shawnee V. Shawnee Animal Hospital, Inc. et al., Case No. C-2009-1734; case filed in the District Court of Pottawatomie County, Oklahoma, as authorized by 25 O. S. §307 (B)(4).

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to enter into Executive Session to discuss possible mediation or settlement in the case of the City of Shawnee V. Shawnee Animal Hospital, Inc. et al., Case No. C-2009-1734; case filed in the District Court of Pottawatomie County, Oklahoma, as authorized by 25 O. S. §307 (B)(4). Motion carried 6-0.

AYE: Harrod, Sims, Peterson, Collier, Smith, Stephens
NAY: None

AGENDA ITEM NO. 12: Consider an Executive Session to discuss cases of Anthony J. Grasso V. City of Shawnee, Case No. CJ-2010-243; and David Block, Alan Gunter, Billy Mitchell, David Powell and Patricia Swinney V. City of Shawnee, Case No. CJ-10-721; cases filed in the District Court of Pottawatomie, County, Oklahoma, and workers compensation cases of Anthony J. Grasso (Case No. 2009-08537A), David Block (Case No. 2009-14594X), Alan Gunter (Case No. 2009-15678A), Billy Mitchell (Case No. 2010-13787H), David Powell (Case No. 2009-08538H), and Patricia Swinney (Case No. 2009-10858K), as authorized by 25 O. S. §307 (B)(4).

A motion was made by Commissioner Sims, seconded by Commissioner Collier, to enter into Executive Session to discuss cases of Anthony J. Grasso V. City of Shawnee, Case No. CJ-2010-243; and David Block, Alan Gunter, Billy Mitchell, David Powell and Patricia Swinney V. City of Shawnee, Case No. CJ-10-721; cases filed in the District Court of Pottawatomie, County, Oklahoma, and workers compensation cases of Anthony J. Grasso (Case No. 2009-08537A), David Block (Case No. 2009-14594X), Alan Gunter (Case No. 2009-15678A), Billy Mitchell (Case No. 2010-13787H), David Powell (Case No. 2009-08538H), and Patricia Swinney (Case No. 2009-10858K), as authorized by 25 O. S. §307 (B)(4). Motion carried 6-0.

AYE: Sims, Collier, Smith, Stephens, Harrod, Peterson
NAY: None

AGENDA ITEM NO. 13: Consider an Executive Session to discuss status of Collective Bargaining Agreement with the IUPA, Local No. 3, for FY 2011-2012 as authorized by 25 O.S. §307(B)(2).

A motion was made by Commissioner Collier, seconded by Commissioner Sims, to enter into Executive Session to discuss status of Collective Bargaining Agreement with the IUPA, Local No. 3, for FY 2011-2012 as authorized by 25 O.S. §307(B)(2). Motion carried 6-0.
AYE: Collier, Sims, Harrod, Peterson, Smith, Stephens
NAY: None

AGENDA ITEM NO. 14: Consider an Executive Session to discuss status of Collective Bargaining Agreement with the IAFF, Local No. 203, for FY 2011-2012 as authorized by 25 O.S. §307(B)(2).

A motion was made by Commissioner Sims, seconded by Commissioner Collier, to enter into Executive Session to discuss status of Collective Bargaining Agreement with the IAFF, Local No. 203, for FY 2011-2012 as authorized by 25 O.S. §307(B)(2). Motion carried 6-0.

AYE: Sims, Collier, Smith, Stephens, Harrod, Peterson
NAY: None

COMMISSION ENTERS EXECUTIVE SESSION AT 7:03 P.M.

COMMISSION RETURNS FROM EXECUTIVE SESSION WITH ALL COMMISSIONERS PRESENT AT 9:41 P.M.

AGENDA ITEM NO. 15: Consider matters discussed in Executive Session regarding pending litigation in the case of the City of Shawnee V. Shawnee Animal Hospital, Inc. et al. Case No. C-09-1734; case filed in the District Court of Pottawatomie County, Oklahoma, as authorized by 25 O. S. §307 (B)(4).

No action was taken.

AGENDA ITEM NO. 16: Consider matters discussed in Executive Session regarding cases of Anthony J. Grasso V. City of Shawnee, Case No. CJ-2010-243; and David Block, Alan Gunter, Billy Mitchell, David Powell and Patricia Swinney V. City of Shawnee, Case No. CJ-10-721; cases filed in the District Court of Pottawatomie, County, Oklahoma, and workers compensation cases of Anthony J. Grasso (Case No. 2009-08537A), David Block (Case No. 2009-14594X), Alan Gunter (Case No. 2009-15678A), Billy Mitchell (Case No. 2010-13787H), David Powell (Case No. 2009-08538H), and Patricia Swinney (Case No. 2009-10858K), as authorized by 25 O. S. §307 (B)(4).

A motion was made by Commissioner Harrod, seconded by Commissioner Smith, to authorize City Attorney to negotiate a settlement within the parameters discussed in Executive Session for all six cases. Motion carried 5-1.

AYE: Harrod, Smith, Stephens, Peterson, Collier
NAY: Sims

AGENDA ITEM NO. 17: Consider matters discussed in Executive Session regarding status of Collective Bargaining Agreement with the IUPA, Local No. 3 for FY 2011-2012 as authorized by O.S. §307(B)(2).

No action was taken.

AGENDA ITEM NO. 18: Consider matters discussed in Executive Session regarding status of Collective Bargaining Agreement with the IAFF, Local No. 203 for FY 2011-2012 as authorized by O.S. §307(B)(2).

No action was taken.

AGENDA ITEM NO. 19: Adjournment

There being no further business to be considered, a motion was made by Commissioner Sims, seconded by Commissioner Harrod, that the meeting be adjourned. Motion carried 6-0. (9:46 p.m.)

AYE: Sims, Harrod, Peterson, Collier, Smith, Stephens
NAY: None


LINDA PETERSON, MAYOR
(SEAL)

ATTEST:


PHYLLIS LOFTIS,
CITY CLERK

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