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| Date: 5/20/2013 | Board: City Commission | DocumentType: Minutes | Web Posted: 6/11/2013 2:02:55 PM |
BOARD OF CITY COMMISSIONERS PROCEEDINGS
MAY 20, 2013 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, May 20, 2013 at 6:30 p.m., pursuant to notice duly posted as prescribed by law. Mayor Mainord presided and called the meeting to order. Upon roll call, the following members were in attendance.
Wes Mainord
Mayor
Absent Absent
Commissioner Ward 1 Commissioner Ward 2
James Harrod Keith Hall
Commissioner Ward 3-Vice Mayor Commissioner Ward 4
John Winterringer Steve Smith
Commissioner Ward 5 Commissioner Ward 6
ABSENT: Pam Stephens, Linda Agee
MAYOR DECLARES A QUORUM
A motion was made by Commissioner Hall, seconded by Commissioner Winterringer, to recess the meeting until Tuesday, May 28, 2013, at 6:30 p.m. Motion carried. 5-0
AYE: Hall, Winterringer, Smith, Harrod, Mainord
NAY: None
COMMISSION MEETING NOW IN RECESS (6:31 P.M.) UNTIL TUESDAY, MAY 28, 2013, 6:30 P.M.
CITY COMMISSION RECONVENED TUESDAY, MAY 28, 2013, AT 6:30 P.M. ROLL WAS CALLED WITH THE FOLLOWING COMMISSIONERS PRESENT AND A QUORUM WAS DECLARED.
STEPHENS, AGEE, HARROD, MAINORD, HALL, WINTERRINGER, SMITH
INVOCATION Commissioner Smith led the assembly in singing “God Bless the USA”
FLAG SALUTE Led by Commissioner Hall
AGENDA ITEM NO. 1: Consider approval of Agenda.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to approve the Agenda. Motion carried 7-0.
AYE: Harrod, Hall, Winterringer, Smith, Stephens, Agee, Mainord
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 SMA Agenda Item No. 3.
b. Minutes from the May 6, 2013 regular meeting and the May 6, 2013 special called meeting
c. Budget Amendment General Fund
To bring up compensated absences from fund balance to accommodate those who left
d. Acknowledge the following reports:
• License Payment Report for April 2013
• Project Payment Report for April 2013
e. Approve staff’s recommendation for Third-Party Administrator to manage the City’s self-insured Worker’s Compensation Program.
f. Mayor’s Appointments:
Zoning Board of Adjustment
Joe Freeman, Re-appoint 2nd Full Term Exp June 1, 2016
Toby Blaylock, Re-appoint 2nd Full Term Exp June 1, 2014
Tom Bierd, Re-appoint 1st Full Term Exp June 1, 2014
Airport Advisory Board
Ron Duran, Appointment 1st Full Term Exp Jul 1, 2016
To replace Bob Weaver, termed out
Harmik Dersahakian, Re-appoint 2nd Full Term Exp Jul 1, 2016
Terry Toole, Re-appoint 2nd Full Term Exp Jul 1, 2016
The Mayor acknowledged an error in the name of his appointment to the Airport Advisory Board. The name was shown as Ron Duran and the appointment is to Rob Duran
A motion was made by Commissioner Hall, seconded by Commissioner Winterringer, to approve the Consent Agenda Item Nos. a-f. Motion carried 7-0.
AYE: Hall, Winterringer, Smith, Stephens, Agee, Harrod, Mainord
NAY: None
AGENDA ITEM NO. 3: Commissioners Comments
Commissioner Agee stated this is her first time to be on the “receiving end” of disaster relief from storm damage. Many people from all over the country have come to her aid and she wishes to thank them for their help.
Commissioner Stephens was in Colorado training with her position in the military and was proud of the fact that Oklahoma did not need military help, Oklahoma’s state and local people were helping themselves.
Mayor Mainord, as well as other city officials and city staff, have been have been visiting damage area around the city and have met many, many wonderful people who have come to help from all over the country.
AGENDA ITEM NO. 4: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)
Linda Peterson spoke regarding the proposed budget with no allowance for any pay increase for city employees. At the same time, the Contract Review Committee recommended providing money to two different organizations to allow for a pay increase for their staff and this was approved by the Commission.
Ms. Peterson questioned giving the Convention and Visitor Bureau the amount requested when they have a large surplus which they should use. She further stated that any money not given to CVB could go to the Expo Center which would free up money normally provided to the Expo Center which could then be used for city staff pay increases.
She believes equal consideration should be given to city employees as is given to contract personnel.
AGENDA ITEM NO. 5: Presentation of Shawnee Police Department Accreditation Credentials by Lt. Jim Spearman, Norman Police Department and presentation of award to Lt. Ken King for efforts in this endeavor.
This item was moved to the June 3, 2013 meeting.
AGENDA ITEM NO. 6: Presentation and update on the Shawnee Municipal Pool Project by John Ayers, President Pool Committee and Jeff Bartley of Water’s Edge Aquatic Design for commission discussion and comments.
Mr. John Ayers, President of the Pool Committee, gave a report. The Pool Committee had three goals when they started meeting. These were to make the pool attractive, make the pool self-supporting and use the existing pool shell. The committee believes the plan submitted by Water’s Edge Aquatic Design will meet all three of the goals.
Mr. Jeff Bartley. Water’s Edge Aquatic Design, showed a power point of the design for the proposed new pool area. Many features are included, such as: splash pads, deep diving area, river current type area, lane swimming for competition and shaded shallow area for toddlers.
Mr. Ayers advised this could be accomplished with the City of Shawnee making a 3 million dollar commitment. The committee is asking the City of Shawnee to commit 2.8 million dollars now with approximately $500,000 for parking, if needed, in the future. The committee believes they can raise donations of 1.2 million dollars.
Mr. Richard Finley, committee member, advised the city needs to “firm up” their commitment of 2.8 million so that the committee can begin raising the additional 1.2 million.
This commitment will be an agenda item at the next meeting.
AGENDA ITEM NO. 7: Discussion, consideration and possible action on recommendations relating to Municipal Court.
Mary Ann Karns, City Attorney, gave a power point presentation on progress made by the Municipal Court and areas of need in the Municipal Court. Ms. Karns and Judge Jones have reviewed some areas that need to be addressed. She is, also, including in the new budget, remodeling of the work area to make it more efficient.
Many warrants and fines due are years old and need to be removed from the system. Following is a list of actions the City Attorney has asked the Commission to approve:
• Authorize Judge Jones to recall all warrants issued prior to 2005
• Authorize Judge Jones to review citations deemed uncollectible, certify that list to City Treasurer so the amounts can be written off
• Certify fines to District Court enter them as money judgments against individuals and proceed to collection
• Authorize an administration fee for the supervision of a payment plan
• Authorize a “book in” fee of $50.00 and Judge be allowed to suspend or waive incarceration fees
• Make a 9-month Marshal a 12-month Marshal
A motion was made by Vice Mayor Harrod, seconded by Commissioner Stephens, to approve the six items as requested by City Attorney Mary Ann Karns, as follows: Authorize Judge Jones to recall all warrants issued prior to 2005; authorize Judge Jones to review citations deemed uncollectible and certify that list to City Treasurer so the amounts can be written off; certify fines to District Court, enter them as money judgments against individuals and proceed to collection; authorize an administration fee for the supervision of a payment plan; authorize a “book in” fee of $50.00 and the Judge be allowed to suspend or waive incarceration fees; and make a 9-month Marshal into a 12-month Marshal. Motion carried 7-0.
AYE: Harrod, Stephens, Agee, Mainord, Hall, Winterringer, Smith
NAY: None
AGENDA ITEM NO. 8: Discussion, consideration and possible action on request by Darrell Bryan to release lien No. L-12-783 in the amount of $175.00 for property located at 528 N. Union.
Justin Erickson, Community Development Director, reported on the property at 528 N. Union. Mr. Darrell Bryan addressed the Commission regarding the mowing and debris removal lien.
A motion was made by Commissioner Winterringer, seconded by Commissioner Stephens, to release the lien on the property at 528 N. Union with no fees to be paid. Motion carried 5-2.
AYE: Winterringer, Stephens, Agee, Harrod, Smith
NAY: Mainord, Hall
AGENDA ITEM NO. 9: Presentation by Mike Jackson, Operations Manager, Heart of Oklahoma Exposition Center, on capital improvement budget request for the Shawnee Civic and Cultural Development Authority.
Mike Jackson, Operations Manager, Heart of Oklahoma Exposition Center, gave a report on how the capital budgeted from the City last year had been spent and how the capital funds requested for this new budget would be spent.
Cindy Sementelli advised the $100,000 was already included in the new budget.
AGENDA ITEM NO. 10: Discussion, consideration and possible action on Community Service Contract Review Committee Recommendations for contract with Chamber of Commerce regarding Convention and Visitors Bureau.
Mayor Mainord advised the Community Service Contract Review Committee had met regarding the Contract with the Chamber of Commerce for operation of the Convention and Visitor Bureau. The only item they are waiting for is a completed audit of financial statements from the CVB. He does not expect any issues with the audit except the Chamber has had difficulty find an auditor. They now have contracted with a firm to complete the audit as soon as possible.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to renew the contract with the Chamber of Commerce for operation of the Convention and Visitor Bureau in sixty (60) day increments until the audit is complete. Motion carried 5-2.
AYE: Harrod, Hall, Agee, Mainord, Winterringer
NAY: Smith, Stephens
AGENDA ITEM NO. 11: Public hearing and presentation of the budget for FY 2013-2014 for the City of Shawnee.
Mayor Mainord declared a public hearing open regarding the budget for FY 2013-2014 for the City of Shawnee.
City Manager Brian McDougal gave an overview of the previously presented budget for FY 2013-2014. City Treasurer Cindy Sementelli explained some areas and offered to answer questions from the Commission.
No one came forward to offer public comments or additional questions. The Mayor closed the public hearing.
AGENDA ITEM NO. 12: Acknowledge Sales Tax Report received May 2013.
Finance Director Cindy Sementelli reported Sales Tax Receipts were down $140,049 this month or 9.64% compared to last year actuals. For the fiscal year we are up $443,098 or 2.91%, but this is due to the sale of the hospital. At this time, we are still making the 2.5% increase that we had projected.
AGENDA ITEM NO. 13: Presentation, discussion and consideration of Pension Choice for employees.
City Manager Brian McDougal made a recommendation that the employees be given an option on the retirement plan to allow them to choose to stay in the old plan with some changes or choose to move into the new hard freeze plan as presented at an earlier meeting. City Manager Brian McDougal emphasized the volatility of the market earnings made the difference in the cost to the city closer for both plans. He also mentioned that this option does leave the City in a position of a market earning downturn and result in our unfunded liability growing in the future.
Jodi Cox spoke about the option and explained there would be little difference in the cost to the city, depending on how many employees stayed in the old plan or chose to move to the new plan. Either way the City would eventually be out of the pension business and would be saving money now due to the changes in the option plan.
A motion was made by Commissioner Smith, seconded by Commissioner Winterringer, to accept the option of employee’s choice to stay in a modified version of the old plan or move to the new plan as previously presented. Motion carried 6-1.
AYE: Smith, Winterringer, Stephens, Agee, Mainord, Hall
NAY: Harrod
AGENDA ITEM NO. 14: Discussion, consideration and possible action to enter into joinder agreements with Oklahoma Municipal Retirement Fund to establish a Defined Contribution Plan in the form of the Oklahoma Municipal Retirement Fund Master Defined Contribution Plan (CMO DH SI, CMO DH, DC) and joinder agreement with Oklahoma Municipal Retirement Fund to establish a Defined Benefit Plan in the form of the Oklahoma Municipal Retirement Fund Master Defined Benefit Plan (DB); and authorizing appropriate officials to execute such documents as may be necessary to complete the agreements. Deferred from April 15, 2013
A motion was made by Commissioner Smith, seconded by Commissioner Hall, to deny action entering into joinder agreements with Oklahoma Municipal Retirement Fund to establish changes in Defined Benefit Plan and Defined Contribution Plan. Motion carried 6-0
AYE: Smith, Hall, Winterringer, Stephens, Agee, Mainord
NAY: None
Vice Mayor Harrod out of the room when vote taken.
AGENDA ITEM NO. 15: Discussion, consideration and possible action on an Ordinance adopting an Employee Retirement System, Defined Contribution plan for the position of Department Head or City Manager for the City of Shawnee, Oklahoma; providing retirement benefits for eligible employees of the City of Shawnee, Oklahoma; providing for purpose and organization; providing for definitions; providing for eligibility and participation; providing for employer and employee contributions; providing for accounting, allocation, and valuation; providing benefits; providing for required notice; providing for amendments and termination; providing for transfer to and from other plans; creating a committee and providing for powers, duties, and rights of committee; providing for payment of certain obligations; providing for duration and payment of expenses; providing for effective date; providing for vesting schedules; providing for a fund to finance the system to be pooled with other incorporated cities, towns and their agencies and instrumentalities for purposes of administration, management, and investment as part of the Oklahoma Municipal Retirement Fund; providing for payment of all contributions under the system to the Oklahoma Municipal Retirement Fund for management and investment; providing for non-alienation of benefits and loss of benefits for cause; adopting those amendments mandated by the Internation Revenue Code; providing for repealer and severability; and declaring an emergency. (CMO DH SI) Deferred from April 15, 2013
No action taken.
AGENDA ITEM NO. 16: Discussion, consideration and possible action on a ordinance amending the employee retirement system, defined contribution plan for the position of department head or city manager for the City of Shawnee, Oklahoma; providing retirement benefits for eligible employees of the City of Shawnee, Oklahoma; pertaining to definition of compensation; providing for repealer and severability; and declaring an emergency. (CMO DH) Deferred from April 15, 2013
No action taken
AGENDA ITEM NO. 17: Discussion, consideration and possible action on an ordinance amending the employee retirement system, defined benefit plan for City of Shawnee, Oklahoma; providing retirement benefits for eligible employees of City of Shawnee, Oklahoma; pertaining to definition of employee; pertaining to eligibility; pertaining to service buyback; providing for cessation of benefit accruals; providing for repealer and severability; and declaring an emergency. (DB) Deferred from April 15, 2013
No action taken
AGENDA ITEM NO. 18: Discussion, consideration and possible action on an ordinance amending the employee retirement system, defined contribution plan for the City of Shawnee, Oklahoma; providing retirement benefits for eligible employees of the City of Shawnee, Oklahoma; pertaining to the definition of compensation; pertaining to plan design; pertaining to allocation of forfeitures; providing for repealer and severability; and declaring an emergency. (DC) Deferred from April 15, 2013
No action taken
AGENDA ITEM NO. 19: Consider Bids:
a. FY 11-12 Rehab Asphalt Street Project – ReBid
Contract No. COS-PW-12-06 (Award)
Assistant City Engineer Michael Ludi announced that five bids were received and after review and consideration it was staff’s recommendation to award the bid to Haskell-Lemon Construction Company of Oklahoma City, Oklahoma in the total amount of $745,711.00.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to accept staff’s recommendation and award the bid to Haskell-Lemon Construction Company in the total amount of $745,711.00. Motion carried 7-0.
AYE: Harrod, Winterringer, Smith, Stephens, Agee, Mainord, Hall
NAY: None
AGENDA ITEM NO. 20: 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. 21: Administrative Reports
Don Lynch, Emergency Management Director, reported on debris removal from the tornado. Volunteers will be handing out fact sheets door-to-door in the affected areas regarding what to do with debris. Any that need help getting the trees and limbs to an area for pickup can call and be matched up with someone or some group that has volunteered to help. We hope to have the debris removed within the first 30 days. ODOT is still working crews in the Shawnee Twin Lake area as well as around Pottawatomie County with equipment and people. Any one that has any damage from the storm needs to register with FEMA and get assigned a number in case there is a need in the future.
The AVEDIS Foundation has authorized matching donations up to the first $100,000 donated to the Pottawatomie County United Way in care of Finley and Cook.
Commissioner Agee inquired about debris in a creek feeding into the Shawnee Twin Lake. This debris could block the creek or cause some type of contamination. Mr. Lynch advised that removing debris from the creek is part of the plan.
Fire Chief David Short advised burn permits will be issued with no fee and can be delivered to individuals if they cannot come into the office to pick up the permit. He stated he could send some type of handout about the burning with the door-to-door information regarding the debris.
Commissioner Smith inquired about grant money for public storm shelters. Don Lynch advised there is not any available at this time but may be something available later.
RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO CONVENE SHAWNEE MUNICIPAL AUTHORITY AND SHAWNEE AIRPORT AUTHORITY (9:07 p.m.)
RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR (9:21p.m.)
AGENDA ITEM NO. 22: Consider an Executive Session to discuss Collective Bargaining with the IUPA, Local No. 3, for FY 2013-2014 as authorized by 25 O.S. §307(B)(2).
A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to enter into Executive Session to discuss Collective Bargaining with the IUPA, Local No. 3, for FY 2013-2014 as authorized by 25 O.S. §307(B)(2). Motion carried 7-0.
AYE: Harrod, Winterringer, Smith, Stephens, Agee, Mainord, Hall
NAY: None
AGENDA ITEM NO. 23: Consider an Executive Session to discuss Collective Bargaining with the IAFF, Local No. 206, for FY 2013-2014 as authorized by 25 O.S. §307(B)(2).
A motion was made by Vice Mayor Harrod, seconded by Commissioner Smith, to enter into Executive Session to discuss Collective Bargaining with the IAFF, Local No. 206, for FY 2013-2014 as authorized by 25 O.S. §307(B)(2). Motion carried 7-0.
AYE: Harrod, Smith, Stephens, Agee, Mainord, Hall, Winterringer
NAY: None
COMMISSION ENTERED INTO EXECUTIVE SESSION AT 9:23 P.M. WITH ALL MEMBERS PRESENT.
COMMISSION RECONVENED FROM EXECUTIVE SESSION AT 9:52 P.M. WITH ALL MEMBERS PRESENT
AGENDA ITEM NO. 24: Consider matters discussed in Executive Session regarding Collective Bargaining with the IUPA, Local No. 3, for FY 2013-2014 as authorized by 25 O.S. §307(B)(2).
No action taken
AGENDA ITEM NO. 25: Consider matters discussed in Executive Session regarding Collective Bargaining with the IAFF, Local No. 206, for FY 2013-2014 as authorized by 25 O.S. §307(B)(2).
No action taken
AGENDA ITEM NO. 26: Adjournment
There being no further business to come before the meeting, a motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, that the meeting be adjourned. Motion carried 7-0. (9:55 p.m.)
AYE:
NAY: None
WES MAINORD, MAYOR
ATTEST:
_______________________________
DONNA MAYO, DEPUTY CITY CLERK
NOTICE: This is NOT an official document. All official documents are maintained by the Shawnee City Clerk at Shawnee City Hall.
This document is provided as a public information device. Please contact City Hall at 405-878-1604 for official documents.