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Date: 1/2/2007Board: City CommissionDocumentType: MinutesWeb Posted: 1/17/2007 11:30:00 AM
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BOARD OF CITY COMMISSIONERS PROCEEDINGS
JANUARY 2, 2007 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, Tuesday, January 2, 2007 at 6:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Mills presided and called the meeting to order. Upon roll call, the following members were in attendance.

Chuck Mills
Mayor
Pam Stephens Tom Schrzan
Commissioner Ward 1 Commissioner Ward 2

Marva O’Neal Linda Peterson
Commissioner Ward 3 Commissioner Ward 5-Vice
Mayor

David Daugherty
Commissioner Ward 6

ABSENT: Wes Beck
Commissioner Ward 4

INVOCATION Reverend Phil Thompson
Liberty Baptist Church

FLAG SALUTE Mayor Mills

AGENDA ITEM NO. 1: Consider approval of Agenda.

A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, to approve the agenda as presented. Motion carried 6-0.

AYE: Peterson, Daugherty, Stephens, Schrzan, O’Neal, Mills
NAY: None

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

a. Minutes from the December 18, 2006 meeting.

b. Budget Amendments in FY 2006-07 General Fund, Gifts and Contributions, and Capital Projects Fund.

c. Acknowledge the following minutes:

* Shawnee Urban Renewal Authority minutes from the December 5, 2006 meeting

* Airport Advisory Board minutes from the October 25, 2006 meeting

* Civic and Cultural Development Authority minutes of November 16, 2006 and December 14, 2006 meetings

d. Lakesite Lease Transfer:
Lot 15, Hart Tract

To: A. Brown and
L. Brown

From: D. Pugh

e. Authorize out-of-state travel for Ryan Ayers to attend INCODE training in Dallas, Texas, February 12 – 15, 2007.

f. Authorize out-of-state travel for Police Chief Bill Mathis and Detective-Sergeant David Shannon to attend the Internal Affairs, Professional Standards and Ethics course in Plano, Texas, April 22 – 27, 2007.

g. Authorize out-of-state travel for Justin Harvey and Mikki Hargus from the Street/Traffic Control Division and Tracy Harvey from Central Garage to attend street sweeper training offered by TYMCO in Waco, Texas, February 6-7, 2007.

h. Acknowledge 2007 Revised Schedule of Regular Meetings for City Commission and Related Authorities.

i. Acknowledge Workers’ Compensation settlement with Kathleen Hanes in the amount of $18,562.50.

j. Approve renewal with Multi-County Insurance Center for equipment insurance premium in the amount of $10,186.00.

k. Authorize the purchase of two police units from Riverside Autoplex at the state purchase price.

l. Approve renewal with Oklahoma Municipal Assurance Group through Ford Perry Insurance Agency for property insurance in the amount of $61,454.13.

m. Mayor’s Appointments:

Annexation Committee
Commissioner Pam Stevens replacing former Commissioner Tom Claybrook
Mayor Chuck Mills replacing former Commissioner Bob Downing
Utility Director Afsaneh Jabbar replacing former Public Works Director James Cole

Before voting on the Consent Agenda, Commissioner Stephens asked that Consent Agenda Item No. 1(m) be pulled for separate consideration.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, that Consent Agenda Item No. 2(a-l), less 2(m) be approved. Motion carried 6-0.

AYE: Peterson, Stephens, Schrzan, O’Neal, Mills, Daugherty
NAY: None

Under Agenda Item No. 2(m), regarding Mayor’s Appointments to the Annexation Committee that consists of City Commissioners and city staff, Commissioner Stephens voiced her concerns regarding the replacements of the Annexation Committee and suggested that this committee should involve citizens and they should be appointed to the committee instead of the commissioners and city staff since the recommendations would be voted upon by the Commission.
A motion was made by Commissioner Stephens, seconded by Commissioner Schrzan, to deny Mayor’s appointments to the Annexation Committee with the understanding that the recommendations be sent back to staff for recommendations for citizens to serve on the committee. Motion carried 6-0.

AYE: Stephens, Schrzan, O’Neal, Mills, Peterson, Daugherty
NAY: None

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

Under Citizens Participation, the Commission Chambers was filled with citizens in support of city employee, Community Relations Police Officer Candie Swinney, who had been recently placed on administrative leave with pay from the Police Department.
Before the citizens spoke to the Commission, Mayor Mills stated that this matter was an administrative matter and the City Commission did not have control of administrative affairs regarding city employees.
The citizens who spoke in support of Officer Swinney included Linda Jones, Butch Cushman, Tom Smith, Wendell Johnson, and Jeanetta Townes.
Upon conclusion, City Manager Jim Collard assured the Commission and citizens that this was an internal matter that would be handled appropriately and professionally in accordance with rules of state law.

AGENDA ITEM NO. 4: Consider declaring a vacancy in Ward Four (4) of the Shawnee City Commission.

Upon the untimely death of Commissioner Beck on December 19, 2006, the Commission considered declaring a vacancy of the Ward 4 Commissioner seat.
A motion was made by Commissioner Schrzan, seconded by Commissioner Stephens, to declare a vacancy in Ward Four (4) of the Shawnee City Commission.


Motion carried 6-0.

AYE: Schrzan, Stephens, O’Neal, Mills, Peterson, Daugherty
NAY: None

AGENDA ITEM NO. 5: Discuss and consider directing staff to proceed with advertising the vacancy of Ward 4 City Commissioner seat in accordance with City Commission Policy No. 10.00.

The Commission reviewed Policy No. 10.00 regarding the procedures for filling the vacant seat of Ward 4.
A motion was made by Commissioner Schrzan, seconded by Commissioner O’Neal, to approve staff to proceed with advertising the vacancy of Ward 4 City Commissioner seat in accordance with City Commission Policy No. 10.00. Motion carried 6-0.

AYE: Schrzan, O’Neal, Mills, Peterson, Daugherty, Stephens
NAY: None

AGENDA ITEM NO. 6: Consider Jail Services agreement with Pottawatomie County Public Safety Center Trust.

Police Chief Bill Mathis and two representatives from the Pottawatomie County Public Safety Center Trust presented the jail services agreement for renewal.
The contract costs was proposed at $35.27 per day per person incarcerated in the facility of an increase of $3.06 from the current cost of $32.21.
Police Chief Mathis recommended approval of agreement and advised the Commission that the proposed increase was an amount that the city could absorb. He also noted that this contract would be a six-month (6) contract ending June 30, 2007 since it was late due to the director position being vacant at PCPSCT.
A motion was made by Vice Mayor Peterson, seconded by Commissioner O’Neal, to approve the jail service agreement with Pottawatomie County Public Safety Center Trust as presented and contract to commence on the date of execution and termination date on June 30, 2007. Motion carried 6-0.

AYE: Peterson, O’Neal, Mills, Daugherty, Stephens, Schrzan
NAY: None

AGENDA ITEM NO. 7: Consider an ordinance codifying the terms of the Oklahoma Smoking in Public Places and Indoor Workplaces Act for the City of Shawnee.

Ms. Lisa Soleberg, of Gateway and Coordinator of Pottawatomie Alliance Toward Tobacco Community Health (PATCH), appeared before the Commission to inform the Commission that a new state law had been recently enacted and the proposed ordinance was being presented for passage to update the city’s ordinance regarding tobacco usage in public places and indoor workplaces.
Ordinance No. 2292NS was introduced and read aloud.

ORDINANCE NO. 2292NS “AN ORDINANCE ADOPTING THE OKLAHOMA SMOKING IN PUBLIC PLACES AND INDOOR WORKPLACES ACT; CREATING A NEW ARTICLE IV OF CHAPTER 15 OF THE CODE OF THE CITY OF SHAWNEE TO BE STYLED “SMOKING IN PUBLIC PLACES AND INDOOR WORKPLACES PROHIBITED”; CREATING NEW SECTIONS 15-130, 15-131, 15-132, 15-133, 15-134 AND 15-135; ARTICLE IV OF CHAPTER 15 OF THE CODE OF THE CITY OF SHAWNEE; PROHIBITING SMOKING IN PUBLIC PLACES AND INDOOR WORKPLACES IN THE CITY OF SHAWNEE; PROVIDING DEFINITIONS; PROVIDING EXCEPTIONS; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.”

A motion was made by Commissioner Daugherty, seconded by Commissioner Stephens, that the Title and Section 1-8 be approved. Motion carried 6-0.

AYE: Daugherty, Stephens, Schrzan, O’Neal, Mills, Peterson
NAY: None

A motion was made by Commissioner Daugherty, seconded by Commissioner Stephens, that Section 9, the emergency clause, be approved. Motion carried 5-1.

AYE: Daugherty, Stephens, Schrzan, O’Neal, Mills
NAY: Peterson

Thereupon Mayor Mills declared Ordinance No. 2292NS duly passed and adopted.

AGENDA ITEM NO. 8: Consider a resolution supporting the “Adopt-a-Unit” program supporting American military forces that defend the United States.

Mayor Mills read into record in full the following resolution in support of the local Oklahoma Army National Guard, Delta Company, 1st/180th Infantry stationed in Shawnee assigned in Afganistan.
Resolution No. 6291NS was introduced and the title read aloud.

RESOLUTION NO. 6291 ENTITLED “A RESOLUTION SUPPORTING THE “ADOPT-A-UNIT” PROGRAM CREATED BY THE AMERICA SUPPORTING AMERICANS IN THE MILITARY FORCES THAT DEFEND THE UNITED STATES AND ITS INTERESTS AND PRINCIPLES IN THE TIME OF WAR AND IN TIME OF PEACE.”

A motion was made by Vice Mayor Peterson, seconded by Commissioner Stephens, to approve the Title and Resolution No. 6291. Motion carried 6-0.

AYE: Peterson, Stephens, Schrzan, O’Neal, Mills, Daugherty
NAY: None

Thereupon Mayor Mills declared Resolution No. 6291 duly passed and adopted.

Accepting the resolution were representatives from the Oklahoma National Guard headed by Major Wyatt, State Health Director for the Oklahoma National Guard.

AGENDA ITEM NO. 9: Consider the amendment to the lease agreement between the City of Shawnee and Jet Works, Inc.

City Manager/Airport Manager Jim Collard gave the report on a request by lessee Fred Martin, owner of Oklahoma Jet Works, to amend his lease agreement with suspending his lease payments until July 1, 2007 which were to have begun in July 1, 2006 due to circumstances he has encountered as has been unable to make the lease payments of $1,325 per month.
Mr. Martin’s request was presented to the Airport Advisory Board at it’s December meeting and the Board recommended approval of the amendment as well as the city manager.
The new amount of $1,950 would be made until the lease payments are equal to the amount that would have been paid had the payments started on July 1, 2006 in the amount of $1,325. With this arrangement, the lease payments should be caught up in 26 months.
Upon review of the lease amendment, there was one change in the contract under Article 4-Rental on the fifth line that the date should be changed from 2007 to 2006.
A motion was made by Vice Mayor Peterson, seconded by Commissioner Schrzan, to approve amended lease agreement lease with Jet Works, Inc. with noted change. Motion carried 6-0.

AYE: Peterson, Schrzan, O’Neal, Mills, Daugherty, Stephens
NAY: None

AGENDA ITEM NO. 10: Discuss and consider authorizing staff to negotiate engineering fees with SMC Consulting for providing design services to modify the layout and upgrade to the Country Club Lift Station.

Utility Director Afsaneh Jabbar presented an estimate of probable cost of $111,132.00 for the Country Club Lift Station improvements. She requested authorization from the Commission to negotiate the engineering fees with SMC Consulting for providing design services to modify the layout and upgrade.
It was noted that staff did not solicit bids because for services it is not required.
A motion was made by Commissioner Daugherty, seconded by Commissioner Schrzan, to authorize staff to negotiate engineering fees with SMC Consulting and report her finding to the Commission at a future meeting. Motion carried 6-0.

AYE: Daugherty, Schrzan, O’Neal, Mills, Peterson, Stephens
NAY: None

AGENDA ITEM NO. 11: Consider bid award for Intermediate Size Hydraulic Paving Breaker.
(Deferred from 12/18/06 meeting)

A motion was made by Vice Mayor Peterson, seconded by Commissioner Daugherty, to award the bid for Intermediate Size Hydraulic Paving Breaker to OCT Equipment, Inc., Tulsa, Oklahoma, in the amount of $8,556.00 as the lowest and best bid. Motion carried 6-0.

AYE: Peterson, Daugherty, Stephens, Schrzan, O’Neal, Mills
NAY: None

AGENDA ITEM NO. 12: New Business (Any matter not known about or which could have been reasonably foreseen prior to the posting of the agenda)

There was no New Business.

AGENDA ITEM NO. 13: Administrative Reports

Under Administrative Reports, Utility Director Afsaneh Jabbar reported that she was in negotiations with Allied Waste, the city’s solid waste collector, regarding the restrictions on the citizens’ taking their garbage to the local landfill.
Ms. Jabbar informed the Commission that she recently was informed that Allied Waste had plans to start sending the solid waste to another landfill and the Earlsboro landfill used by the city would have restricted hours.
The Commission had concerns about the inconvenience to the citizens and encouraged Ms. Jabbar to continue negotiating with Allied Waste.
Ms. Jabbar will make a report to the Commission at its next meeting.

AGENDA ITEM NO. 14: Commissioners Comments

There were no Commissioners Comments.

AGENDA ITEM NO. 15: Adjournment

There being no further business to be considered, a motion was made by Commissioner Daugherty, seconded by Vice Mayor Peterson, that the meeting be adjourned. Motion carried 6-0. (7:45 p.m.)

AYE: Daugherty, Peterson, Stephens, Schrzan, O’Neal, Mills
NAY: None

_____________________________
CHUCK MILLS, MAYOR

(SEAL)
ATTEST:
_______________________________
DIANA HALLOCK, CITY CLERK



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