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Date: 8/20/2012Board: City CommissionDocumentType: MinutesWeb Posted: 9/5/2012 4:04:35 PM
View Multi Media Files associated with this meeting


BOARD OF CITY COMMISSIONERS PROCEEDINGS
AUGUST 20, 2012 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, August 20, 2012 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

John Winterringer Steve Smith
Commissioner Ward 5 Commissioner Ward 6

ABSENT: None

INVOCATION Rev. Larry Sparks
New Beginnings Church

FLAG SALUTE

AGENDA ITEM NO. 1: Consider approval of Agenda.

A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to approve the Agenda. Motion carried 7-0.

AYE: Sims, Winterringer, Smith, Stephens, Harrod, 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 2 on the Shawnee Municipal Authority Agenda.

b. Minutes from the August 6, 2012 regular meeting and the August 13, 2012 special called meeting.

c. Budget Amendment – Capital Fund 301
Airport Walking Track

d. Budget Amendment – Street Fund 302

e. Acknowledge the following minutes and reports:
• Shawnee Urban Renewal Authority minutes from July 3, 2012
• Project Payment Report for July 2012
• License Payment Report for July 2012

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

g. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Richard Miller.

h. Acknowledge Oklahoma Municipal Retirement Fund Normal Retirement for Hazel Bond.

i. Lake Lease Transfers:

• Lot 1 Seck Tract, 33700 Post Office Neck
From: R. Watkins and D. Watkins
To: T. Giddens and D. Watkins

• Lot 14 Magnino Tract, 16704 Clearpond Lane
From: M. Clements and S. Clements
To: D. Lovelace

j. Approve contract with The Shaughnessy Group for video production work for Channel 30 and Web media outlets.

A motion was made by Commissioner Sims, seconded by Commissioner Winterringer, to approve the Consent Agenda Items a-j. Motion carried 7-0.

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

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

Mayor-Elect Wes Mainord spoke to the Commission asking them to meet with Chamber representatives and reach a compromise regarding the pending litigation between the City and the Chamber of Commerce relating to the Convention and Visitors Bureau.

Mr. Kelly Chandra, spoke next stating that he owns three hotels in Shawnee and is a member of the CVB board. He said that no one from the current Commission has visited him to discuss any CVB issues and feels that all of this controversy is hurting the tourism industry.

Mr. Dane Pollei, also spoke in support of the CVB and stated that Commissioners have ignored pleas to “do the right thing”.

Mr. Daniel Lay addressed the Commission and stated that he is embarrassed that he voted for some of the Commissioners and wished they’d gone out of office sooner.

AGENDA ITEM NO. 4: City Manager’s presentation of Employee of the Month to Bryan Logan.

Bryan Logan was not present to accept the Employee of the Month Certificate presented by City Manager Brian McDougal. The presentation was delayed to a future meeting

AGENDA ITEM NO. 5: Discuss and consider an ordinance modifying the Shawnee Municipal Code so that it conforms to Oklahoma Statutes as to the definition of a “dilapidated building”.

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve an ordinance modifying the Shawnee Municipal Code so that it conforms to Oklahoma Statutes as to the definition of a “dilapidated building”.

Ordinance No. 2486NS was introduced.

AN ORDINANCE RELATING TO DILAPIDATED BUILDINGS, AMENDING THE SHAWNEE MUNICIPAL CODE, CHAPTER 7 BUILDINGS AND BUILDING REGULATIONS, ARTICLE XIII - DILAPIDATED BUILDINGS, SECTION 7-581 AS MORE SPECIFICALLY SET FORTH HEREIN; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY.

Motion carried 7-0.

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

AGENDA ITEM NO. 6: Acknowledge Sales Tax report received August, 2012.

Finance Director Cindy Sementelli presented the information regarding sales tax receipts. Sales tax receipts are down $77,000.00 from what was received this time last year.

AGENDA ITEM NO. 7: Discuss and consider city’s contract with Blue Cross and Blue Shield providing medical insurance coverage for elected officials and dependents.


A motion was made by Commissioner Sims to not allow eligibility to elected officials and/or their dependents on the City’s health plan. The motion died for lack of a second.

A motion was made by Commissioner Harrod to direct staff to prepare an ordinance allowing city officials and dependents to receive insurance coverage under the City’s health plan. The motion died for lack of a second.
No action was taken.


BY POWER OF THE CHAIR, THE CITY COMMISSION RECESSED AT 6:50 P.M. TO CONVENE THE SHAWNEE MUNICIPAL AUTHORITY TO BE FOLLOWED BY THE SHAWNEE AIRPORT AUTHORITY

BY POWER OF THE CHAIR, THE CITY COMMISSION RECONVENED AT 7:00 P.M.

AGENDA ITEM NO. 8: Consider an Executive Session for discussion and possible action on any litigation pending against the City of Shawnee by the Shawnee Area Chamber of Commerce as authorized by 25 O. S. §307 (B(4) on the recommendation of counsel that public discussion would impair the ability of the City Attorney to adequately defend the City.

A motion was made by Commissioner Sims, seconded by Commissioner Smith, to enter into Executive Session to discuss any litigation pending against the City of Shawnee by the Shawnee Area Chamber of Commerce as authorized by 25 O. S. §307 (B)(4) on the recommendation of counsel that public discussion would impair the ability of the City Attorney to adequately defend the City. Motion carried 6-1.

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

COMMISSIONER ENTERS EXECUTIVE SESSION AT 7:01 P.M.

COMMISSION RETURNS FROM EXECUTIVE SESSION WITH ALL COMMISSIONERS PRESENT AT 8:01 P.M.

AGENDA ITEM NO. 9: Consideration and possible action on matters discussed in Executive Session regarding any litigation pending against the City of Shawnee by the Shawnee Area Chamber of Commerce as authorized by 25 O. S. §307 (B)(4) on the recommendation of counsel that public discussion would impair the ability of the City Attorney to adequately defend the City.

No action taken.

AGENDA ITEM NO. 10: Discussion, consideration and possible action to contract with 501(c)(6) corporation, Shawnee Tourism, Inc., for administration of the proceeds of the Shawnee Hotel Surcharge and operation of a Convention and Visitor’s Bureau. Continued from Special Called meeting August 16, 2012

Commissioner Sims spoke in length regarding this item. He stated that it has been a very tough decision, but one that has been under discussion for over three years. Some of the concerns regarding the Convention and Visitors Bureau were regarding profits made at taxpayers’ expense. He specifically spoke of the land purchase and itemized instances where the CVB has improperly used tax dollars by contacting their attorney unnecessarily. He also noted that the Chamber of Commerce is charging rent to the CVB for office space in a building they don’t own.

Commissioner Smith agreed with Commissioner Sims. He noted that when he took office he made an oath to taxpayers and citizens to see that their money wasn’t being misspent. He stated that he has issues with the CVB that have to be cleared up. It is his obligation to stand up for taxpayers.

Commissioner Harrod stated that the sub-committee recommendation of working with the Chamber to revise the current contract would have handled most of the concerns of the Commissioners. Commissioner Harrod would like to have a professional examine the contract and get an expert opinion regarding the contract with the Chamber of Commerce/Convention and Visitors Bureau. He is opposed to severing the contract and forming a new organization and also opposed to a lawsuit from either side.

Mayor Peterson said these steps taken by the City are about governance, not job performance. For the sake of continuity, she would like to keep some of same people involved in the new organization.

A motion was made by Commissioner Sims, seconded by Commissioner Smith, to enter into a contract with Shawnee Tourism, Inc. Motion carried 5-2.

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

AGENDA ITEM NO. 11: Discussion, consideration and possible action to authorize City Manager to provide for the administration of the Shawnee Hotel Surcharge.

No action taken.

AGENDA ITEM NO. 12: Discussion, consideration and possible action on such items as may be necessary to effect a transition from the contract with Shawnee Area Chamber of Commerce. Continued from Special Called meeting August 16, 2012

A motion was made by Commissioner Sims, seconded by Commissioner Smith, to honor any and all obligations and debts outstanding by the Chamber of Commerce until August 31, 2012 with no new debts being incurred after August 20, 2012; said obligations to be paid for out of the two existing funds holding approximately $200,000.00. Motion carried 6-1.

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

AGENDA ITEM NO. 13: Discussion, consideration and possible action on an ordinance creating a Tourism Advisory Committee.

A motion was made by Commissioner Sims, seconded by Commissioner Smith, to approve an ordinance creating a Tourism Advisory Committee as follows:
• There shall be Seven (7) voting members and Four (4) non-voting ex-officio members, to be determined as follows:

Two (2) voting members appointed by the Mayor of the City of Shawnee with approval of the City Commissioners.

Five (5) voting members elected by the Tourism Advisory Board Committee, with approval of the City Commissioners.

• For the purposes of establishing the Board, Four (4) initial appointees shall be made by the Mayor, with the approval of the City Commissioners, Two (2) of which shall be Mayoral appointees and Two (2) shall be term Board appointees.

• Terms of the Board shall being on September 1st and end of August 31st.

• Four (4) voting members of the Board shall constitute a quorum.

Ordinance No. 2487NS was introduced.

AN ORDINANCE ESTABLISHING A TOURISM ADVISORY BOARD; SETTING FORTH POWERS AND DUTIES; SETTING TERMS; PROVIDING FOR ORGANIZATION; PROVIDING FOR QUORUM; PROVIDING FOR MEETINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR CODIFICATION AND DECLARING AN EMERGENCY

Motion carried 5-2.

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

A motion was made by Commissioner Sims, and seconded by Commissioner Smith, to approve the Emergency Clause. Motion failed 5-2.

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

AGENDA ITEM NO. 14: Appointments to Tourism Advisory Committee.

Due to the failure of the Emergency Clause in Agenda Item No. 13, no action could be taken.

AGENDA ITEM NO. 15: 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. 16: Administrative Reports

There were no Administrative Reports

AGENDA ITEM NO. 17: Commissioners Comments

There were no Commissioners Comments.

AGENDA ITEM NO. 18: Adjournment

There being no further business to be considered, a motion was made by Commissioner Harrod, seconded by Commissioner Winterringer, that the meeting be adjourned. Motion carried 7-0. (8:46 p.m.)

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



LINDA PETERSON, MAYOR

ATTEST:

_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK

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