BOARD OF CITY COMMISSIONERS PROCEEDINGS
JULY 6, 2015 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, July 6, 2015 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
Vacant Linda Agee Commissioner Ward 1 Commissioner Ward 2
Absent Keith Hall Commissioner Ward 3-Vice Mayor Commissioner Ward 4
AGENDA ITEM NO. 1: Consider approval of Consent Agenda:
1. 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 Shawnee Airport Authority Agenda Item No. 2.
b. Minutes from the June 15, 2015 regular meeting.
c. Approve Memorandum of Understanding with Oklahoma City for hazardous waste disposal.
d. Acknowledge Workers Compensation Settlement-Steve Kilber,
e. Acknowledge Workers Compensation Settlement-Aron Miller.
f. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Cody Montgomery.
g. Approve the purchase of four 2016 Ford Police Interceptor Sport Utility Vehicles.
h. Confirm and approve City Manager’s hiring of Justin DeBruin as Community Development Director.
i. Acknowledgment of contract renewal by City Manager for FY 2015-2016:
(1) Animal shelter facility agreement with Town of McLoud.
Commissioner Shaw asked that Agenda Item No. 1(c, d, g & i) be pulled for separate consideration.
Regarding Agenda Item No. 1(c), Commissioner Shaw asked if it was appropriate to approve since it is past the date listed on the Memorandum of Understanding (July 1, 2015). City Attorney Mary Ann Karns advised that since nothing had been done between the parties since the July 1st date, it would fine.
Regarding Agenda Item No. 1(d), Commissioner Shaw asked several questions regarding workers compensation cases. She also inquired about the number of workers compensation cases filed and if new employees are receiving adequate training. She requested information showing a three-year trend for workers compensation cases.
Regarding Agenda Item No. 1(g), Commissioner Shaw asked if any existing vehicles were to be replaced by the purchase of these four vehicles. She further asked how many Sport Utility Vehicles are currently used by the Police Department. Commissioner Dykstra inquired about the cost of the vehicles in comparison to sedans. Police Chief Russell Frantz responded to Commissioner Shaw’s and Commissioner Dykstra’s questions and will provide the requested information.
Regarding Agenda Item No. 1(i), Commissioner Shaw asked if the City had the capacity to house the additional animals that the Town of McLoud brings. She questioned if the City had any costs associated with veterinary bills for the animals. Police Chief Russell Frantz responded to Commissioner Shaw’s question. Commissioner Shaw requested that this item be tabled until additional information is received.
A motion was made by Commissioner Dykstra, seconded by Commissioner Agee, to approve the Consent Agenda Items No. 1(a-h), and that Item No. 1(i) be tabled. Motion carried 5-0.
AYE: Dykstra, Agee, Mainord, Hall, Shaw
NAY: None
AGENDA ITEM NO. 2: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)
Mr. Ron Besse expressed concerns regarding the vacancy of the Ward 1 Commissioner seat. Mr. Besse questioned Commissioner Agee, Commissioner Shaw and Commissioner Dykstra as to why they oppose an appointment to the unoccupied seat.
AGENDA ITEM NO. 3: Presentation by City Manager to Employee of the Month, J.D. Sample, Water Plant.
Mr. J.D. Sample was present to accept the Employee of the Month Certificate presented by City Manager Justin Erickson.
AGENDA ITEM NO. 4: Consider Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan for Zane Qualls.
Commissioner Shaw questioned whether the lump sum payment had been budgeted. Cindy Sementelli, Finance Director, and Tammy Johnson, Human Resources Director, explained to Commissioner Shaw how retirement funds are accrued and disbursed and that there is no budget impact.
A motion was made by Commissioner Dykstra, seconded by Commissioner Hall, to approve an Oklahoma Municipal Retirement Fund lump sum payment from Defined Benefit Plan for Zane Qualls. Motion carried 5-0.
AYE: Dykstra, Hall, Shaw, Agee, Mainord
NAY: None
AGENDA ITEM NO. 5: Consider a resolution to surplus a certain Shawnee Police Department Dispatch console and donate to the Oklahoma Baptist University Police Department.
Commissioner Shaw asked if the equipment is offered to other City departments to see if they can utilize the equipment prior to the decision to donate the items to other agencies. Police Chief Russell Frantz explained that this is specialized equipment which has limited use within the City.
Resolution No. 6495 was introduced.
A RESOLUTION DECLARING A CERTAIN ITEM OF PERSONAL PROPERTY SURPLUS AND NO LONGER NEEDED FOR CITY PURPOSES; DESCRIBING SAID ITEM; AND AUTHORIZING THE DONATION OF SAID ITEM TO THE OKLAHOMA BAPTIST UNIVERSITY POLICE DEPARTMENT.
A motion was made by Commissioner Shaw, seconded by Commissioner Dykstra, to approve a resolution to surplus a certain Shawnee Police Department Dispatch console and donate to the Oklahoma Baptist University Police Department. Motion carried 5-0.
AYE: Shaw, Dykstra, Agee, Mainord, Hall
NAY: None
AGENDA ITEM NO. 6: Consider a resolution to surplus a certain Shawnee Police Department Dispatch console and donate to the Gordon Cooper Technology Center.
Resolution No. 6496 was introduced.
A RESOLUTION DECLARING A CERTAIN ITEM OF PERSONAL PROPERTY SURPLUS AND NO LONGER NEEDED FOR CITY PURPOSES; DESCRIBING SAID ITEM; AND AUTHORIZING THE DONATION OF SAID ITEM TO THE GORDON COOPER TECHNOLOGY CENTER.
A motion was made by Commissioner Hall, seconded by Commissioner Shaw, to approve a resolution to surplus a certain Shawnee Police Department Dispatch console and donate to the Gordon Cooper Technology Center. Motion carried 5-0.
AYE: Hall, Shaw, Dykstra, Agee, Mainord
NAY: None
AGENDA ITEM NO. 7: Discussion, consideration and possible action to approve a resolution concerning fire run fees, fire service area, mutual aid agreements and fire service outside city limits.
Commissioner Shaw asked if the cost was original market value or a depreciated cost. Commissioner Shaw stated she has concerns the cost is not a true reflection of the actual value of the vehicle.
Resolution No. 6497 was introduced.
A RESOLUTION BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SHAWNEE, OKLAHOMA, SETTING FEES FOR FIRE SERVICE OUTSIDE OF THE CITY LIMITS.
A motion was made by Commissioner Hall, seconded by Commissioner Dykstra, to approve a resolution concerning fire run fees, fire service area, mutual aid agreements and fire service outside city limits. Motion carried 4-1.
AYE: Hall, Dykstra, Agee, Mainord
NAY: Shaw
AGENDA ITEM NO. 8: Presentation, consideration, and possible action on a resolution adopting the Multi-Jurisdiction a Hazard Mitigation Plan.
Emergency Management Director, Don Lynch gave a PowerPoint presentation introducing the Hazard Mitigation Plan.
Resolution No. 6498 was introduced.
RESOLUTION OF THE CITY OF SHAWNEE ADOPTING THE POTTAWATOMIE COUNTY MULTI-JURISDICTION HAZARD MITIGATION PLAN FOR THE CITY OF SHAWNEE, OKLAHOMA.
A motion was made by Commissioner Dykstra, seconded by Commissioner Agee, to approve a resolution adopting the Multi-Jurisdiction a Hazard Mitigation Plan. Motion carried 5-0.
AYE: Dykstra, Agee, Mainord, Hall, Shaw
NAY: None
AGENDA ITEM NO. 9: City Manager Report
City Manager Justin Erickson reported on the following:
• Shawnee Splash has had over 10,000 people visit since its opening. He reported that the Avedis Foundation provided a $25,000.00 grant to allow participants to visit the pool for $1.00 each Wednesday. He also stated that over $56,000.00 had been raised in entry fees and season passes so far this year.
• The Splash Pad at Boy Scout Park has officially opened.
• Mr. Erickson stated that the International Finals Youth Rodeo (IFYR) is now going on and will run through this week.
• In reference to the possible opening of key intersections on Kickapoo Street in time for the rodeo (that were mentioned during the June 15, 2015 meeting), he reported that a meeting was held with the Oklahoma Department of Transportation (ODOT), which revealed that the opening of those intersections are not feasible at this time.
AGENDA ITEM NO. 10: 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. 11: Administrative Reports
a. Live Burn Training – Dru Tischer, Interim Fire Chief
Interim Fire Chief Dru Tischer reported on the Live Burning Training that took place June 16 – 18, 2015. Chief Tischer provided pictures and videos of the training event. He stressed the value of such training and thanked everyone that helped to make the training possible.
AGENDA ITEM NO. 12: Commissioners Comments
Commissioner Hall thanked the Avedis Foundation for sponsoring dollar days at the Municipal Pool and noted the sidewalks on Bryan Street were looking good.
Mayor Mainord stated that he has visited Shawnee Splash and everyone seemed to be having a good time.
Commissioner Agee thanked the Veterans for the Fourth of July parade and celebration.
Commissioner Shaw said that the parks are looking good and stated it was fortunate that we have the luxury of having so many parks in the City.
Commissioner Dykstra commented on the mowing after the recent rains, noting that the Parks Department was doing a great job keeping the City looking good.
RECESS CITY COMMISSION MEETING BY THE POWER OF THE CHAIR TO CONVENE SHAWNEE AIRPORT AUTHORITY AND SHAWNEE MUNICIPAL AUTHORITY (7:41 P.M.)
RECONVENE CITY COMMISSION MEETING BY THE POWER OF THE CHAIR (7:55 P.M.)
AGENDA ITEM NO. 13: Consider an Executive Session to discuss potential claims, litigation or other options regarding emergency (911) wireless telephone fees that were collected and not remitted to the City; as authorized by 25 O.S. §307(B)(4).
A motion was made by Commissioner Dykstra, seconded by Commissioner Agee, to enter into Executive Session to discuss potential claims, litigation or other options regarding emergency (911) wireless telephone fees that were collected and not remitted to the City; as authorized by 25 O.S. §307(B)(4). Motion carried 5-0.
AYE: Dykstra, Agee, Mainord, Hall, Shaw
NAY: None
COMMISSION ENTERED INTO EXECUTIVE SESSION AT 7:55 P.M. WITH ALL MEMBERS PRESENT.
COMMISSION RECONVENED FROM EXECUTIVE SESSION AT 8:13 P.M. WITH ALL MEMBERS PRESENT
AGENDA ITEM NO. 14: Consider matters discussed in Executive Session regarding potential claims, litigation or other options regarding emergency (911) wireless telephone fees that were collected and not remitted to the City; as authorized by 25 O.S. §307(B)(4).
No action was taken.
AGENDA ITEM NO. 15: Adjournment
There being no further business to be considered, the meeting was adjourned by power of the Chair. (8:14 p.m.)
WES MAINORD, MAYOR
ATTEST:
PHYLLIS LOFTIS, CMC, CITY CLERK
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