BOARD OF CITY COMMISSIONERS PROCEEDINGS
OCTOBER 1, 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, October 1, 2012 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
Pam Stephens Linda Agee
Commissioner Ward 1 Commissioner Ward 2
James Harrod Keith Hall
Commissioner Ward 3-Vice Mayor Commissioner Ward 4
John Winterringer Absent
Commissioner Ward 5 Commissioner Ward 6
ABSENT: Steve Smith
INVOCATION The Lord’s Prayer
FLAG SALUTE Lead by Commissioner John Winterringer
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 6-0.
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/proposals as set forth in Shawnee Municipal Authority Agenda Item No. 2.
b. Minutes from the September 17, 2012 regular meeting.
c. Acknowledge the following minutes:
• Shawnee Civic and Cultural Development Authority minutes from June 21, 2012, July 19, 2012 and August 16, 2012
d. Authorize staff to advertise for bids on Airport Pedestrian Trail Project.
e. Mayor’s appointments:
Shawnee Airport Advisory Committee
Ron Davis – 1st Partial Term Expires 7-01-14
Replaces Mike Langley termed out
Oklahoma Baptist University Authority
Will Smallwood – 1st Full Term Expires 8-01-18
Replaces Tom Terry termed out
Todd Fisher – 1st Full Term Expires 8-01-18
Replaces Max Brattin
Shawnee Economic Development Foundation
Linda Agee – Commissioner – No expiration
James Harrod – Vice Mayor – No expiration
Vice Mayor Harrod requested that Consent Agenda Item No. 2d be pulled for separate consideration.
Mayor Mainord announced that Ron Davis has withdrawn from consideration on the Shawnee Airport Advisory Committee due to a conflict of interest.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to approve the Consent Agenda Items a-e, less d. Motion carried 6-0.
AYE: Harrod, Winterringer, Stephens, Agee, Mainord, Hall
NAY: None
Regarding Consent Agenda Item No. 2d, Vice Mayor Harrod requested City Engineer John Krywicki give a report on the airport walking trail. Mr. Krywicki advised that the entire airport pedestrian trail should be reconstructed. Estimated cost is approximately $690,000.00, although money could be saved on some items. The plans call for the trail to be increased from 8 feet to 10 feet in width and would also require some new fencing. A motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to approve Consent Agenda Item 2d. Motion carried 6-0.
AYE: Harrod, Winterringer, Stephens, Agee, Mainord, Hall
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 Proclamation:
“Fire Prevention Week”
October 7-13, 2012
Fire Chief David Short accepted the Mayor’s Proclamation for “Fire Prevention Week” presented by Mayor Mainord.
AGENDA ITEM NO. 5: Consider Bids/Proposals:
a. Removal of Snow and Ice from streets (Award)
Emergency Management Director Don Lynch announced that one bid was received and after review and consideration it was staff’s recommendation to award the bid to BDC Homes, LLC of Shawnee, Oklahoma in the amounts as follows: (1) $140.00 per hour 8am-5pm Mon-Fri; (2) $140.00 per hour 5pm-8am Mon-Fri; (3) $140.00 per hour Saturday and Sunday; and (4) $160.00 per hour Holidays.
A motion was made by Commissioner Agee, seconded by Commissioner Winterringer, to accept staff’s recommendation and award the bid to BDC Homes, LLC. Motion carried 6-0.
AYE: Agee, Winterringer, Stephens, Harrod, Mainord, Hall
NAY: None
AGENDA ITEM NO. 6: 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. 7: Administrative Reports
City Engineer John Krywicki gave a report on the current status of the 45th Street paving project. Mr. Krywicki noted that the finished street appeared to be rougher than it should have been so a testing facility was contacted to review the street and the work performed by Nash Construction. Using a laser sensor and computer program it was determined that the street was not in compliance in several areas. Mr. Krywicki notified the contractor who is has agreed to correct the problem within the next two weeks. Nash Construction Co. was scheduled to begin other asphalting projects for the City, however, as noted by Mr. Krywicki, 45th Street will need to be acceptable before the construction company is allowed to move on to other street projects.
Utility Director Jim Bierd spoke of the new sludge truck, which was parked outside City Hall for inspection by the Commissioners and public. Mr. Bierd noted that the truck costs $304,000.00 and replaces two pieces of equipment.
RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO CONVENE THE SHAWNEE MUNICIPAL AUTHORITY AND SHAWNEE AIRPORT AUTHORITY AT 6:56 P.M.
RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR AT 7:01 P.M.
AGENDA ITEM NO. 8: Commissioners Comments
Vice Mayor Harrod noted that he had seen the City’s patch truck on Kickapoo Street and asked City Engineer Krywicki about the status of the Kickapoo Street Project. Mr. Krywicki stated that bid opening for the project would be November 15, 2012.
AGENDA ITEM NO. 9: Consider an Executive Session for discussion and possible action on litigation pending against the City of Shawnee by Anthony J. Grasso (Case No. 2009-08537A) (CJ-2010-243) and by Patricia Swinney (Case No. 2009-10858K) (Case No. CJ-10-721) 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 Winterringer, seconded by Commissioner Hall, to enter into Executive Session to discuss and possible action on litigation pending against the City of Shawnee by Anthony J. Grasso (Case No. 2009-08537A) (CJ-2010-243) and by Patricia Swinney (Case No. 2009-10858K) (Case No. CJ-10-721) 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 6-0.
COMMISSION RETURNS FROM EXECUTIVE SESSION WITH ALL COMMISSIONERS PRESENT AT 8:01 P.M.
AGENDA ITEM NO. 10: Consideration and possible action on matters discussed in Executive Session regarding litigation pending against the City of Shawnee by Anthony J. Grasso (Case No. 2009-08537A) (CJ-2010-243) and Patricia Swinney (Case No. 2009-10858K) (CJ-10-721) 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.
Regarding Anthony J. Grasso, a motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to accept the mediation recommendation on the Anthony J. Grasso case (Case No. 2009-08537A) (CJ-2010-243). Motion carried 6-0.
AYE: Harrod, Winterringer, Stephens, Agee, Mainord, Hall
NAY: None
Regarding Patricia Swinney, a motion was made by Vice Mayor Harrod, seconded by Commissioner Winterringer, to settle the civil and workers compensation cases as discussed in Executive Session. Motion carried 6-0.
AYE: Harrod, Winterringer, Stephens, Agee, Mainord, Hall
NAY: None
AGENDA ITEM NO. 11 Adjournment
There being no further business to be considered, a motion was made by Commissioner Winterringer, seconded by Commissioner Hall, that the meeting be adjourned. Motion carried 6-0. (8:30 p.m.)
_______________________________
PHYLLIS LOFTIS, CMC, CITY CLERK
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