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Date: 6/4/2012Board: City CommissionDocumentType: MinutesWeb Posted: 6/19/2012 9:15:56 AM
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JUNE 4, 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, June 4, 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

Absent 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: Stephens

INVOCATION Rev. David Henry
Calvary Baptist Church


AGENDA ITEM NO. 1: Consider approval of Agenda.

A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve the Agenda. Motion carried 6-0.

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

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

a. Minutes from the May 21, 2012 regular meeting.

b. Acknowledge the following minutes:

• Shawnee Civic and Cultural Development Authority minutes from April 19, 2012
• Sister Cities Council minutes from September 13, 2011, October 11, 2011, January 10, 2012, February 13, 2012, March 13, 2012 and April 10, 2012.

c. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution plan for Helen Pauline Reeves.

d. Approve Community Service Contract Review Committee Recommendations for Fiscal Year 2012-2013.

e. Approve renewal of the following agreements for FY 2012-2013:

1. Independent School District No. 93 for maintenance of tennis courts.
2. Pottawatomie County District Court to establish, develop and implement programs for juvenile misdemeanor offenders.
3. Gordon Cooper Technology Center District No. 5 to provide repaving and repair of public roadways and parking lots used by students, faculty, employees and patrons of GCTC.
4. Agreement with Youth and Family Resource Center, Inc. (Hope House) for Juvenile Services.
5. Agreement to provide police officers for Shawnee High School and Middle School.
6. Governmental Services contract with the Shawnee Civic and Cultural Development Authority.
7. Animal shelter facility agreement with Town of McLoud.
8. Pottawatomie County Public Safety Center Jail Services Agreement.
9. Project H.E.A.R.T., Inc. for providing meals to elderly persons.

Commissioner Harrod requested that item 2(d) be pulled for separate consideration. A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve the Consent Agenda Items a-e, less 2(d). Motion carried 6-0.

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

Regarding item 2(d), approval of Community Service Contract Review Committee Recommendations, Commissioner Harrod spoke regarding the recommendation with Central Oklahoma Transit. He cited the lack of information from Central Oklahoma Community Action/Central Oklahoma Transit Service and customer complaints as reasons why the contract was not renewed at this time. He also stated that an additional meeting with COCAA/COTS may be necessary to obtain the information needed and to clarify contract terms. City Manager Brian McDougal said he would arrange for a meeting between the entities.
Rebecca Stone, Executive Director of Central Oklahoma Community Action spoke to the Commission expressing her desire to meet with members of the Committee. She further asked that the recommendation to not fund the contract for FY 2012-13 be reconsidered.
Others speaking on behalf of Central Oklahoma Transit were Vikki Walls, James Barker, Stephanie Taylor and April Deere.
A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to adopt recommendations of the Community Service Contract Review Committee, less the contract with COCAA/COTS, which will be tabled until June 18, 2012 meeting. Motion carried 6-0.

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

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

Mr. Hershel Ring addressed the Commission regarding an allegedly fraudulent court case involving two Shawnee police officers. Mr. Ring distributed copies of the police report, court transcript and written statements during his address.

AGENDA ITEM NO. 4: City Manager’s presentation of Employee of the Month for May to Karen Drain of Planning/Code Enforcement.

Karen Drain was present to accept the Employee of the Month Certificate presented by Community Development Director Justin Erickson.

AGENDA ITEM NO. 5: Discuss and consider approval of the CDBG FY 2012-2013 One (1) Year Action Plan for fiscal year beginning July 1, 2012 through June 30, 2013.

Shawnee Urban Renewal Authority Program Manager Mike Wolf explained the one year action plan. Mr. Wolfe stated that this is year 3 of a 5 year plan and each year it must be approved for the next fiscal year.
A motion was made by Commissioner Harrod, seconded by Commissioner Sims, to approve the CDBG FY 2012-2013 One (1) Year Action Plan for fiscal year beginning July 1, 2012 through June 30, 2013. Motion carried 6-0.

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

AGENDA ITEM NO. 6: Consider offer from Texoma Land Consultants to lease additional mineral rights on a tract of property the City owns in the Shawnee Twin Lakes area. (This tract was not on the lease approved at the May 21, 2012 meeting. This would be with the same compensation and conditions as approved at that time.)

Mr. Jim Roberts of Texoma Land Consultants was present and explained that an additional 441.35 acres was not included in the original mineral lease agreement previously signed. The amount of leased mineral rights now totals 1,459.34 acres.
A motion was made by Commissioner Sims, seconded by Vice Mayor Collier, to accept the offer to lease an additional 441.35 acres. Motion carries 6-0.

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

AGENDA ITEM NO. 7: Public hearing and presentation of the 2012-2013 Fiscal Year Budget.

Mayor Peterson opened the public hearing and asked if anyone present wished to speak in favor or against the FY2012-2013 budget. No one appeared to speak in favor or in opposition of the proposed budget.
City Manager Brian McDougal presented the proposed budget and noted the loyalty of employees who withstood the tough times of the past few years. Mr. McDougal stated that this proposed budget would include various forms of compensation for employees.
He further stated that FY 2012-13 proposed budget shows a modest 2.5% increase in sales tax during the next fiscal year.
During Mr. McDougal presentation he also noted that the 10% fund balance goal has been met and that the $1,110,000.00 transfer from Shawnee Municipal Authority to the General Fund remains as in previous years. The SMA will also provide $250,000 for debt retirement.
Mr. McDougal noted that in the past 2 years, there have been 120 employee position turn-overs. At this time, there are 50 employees who are eligible to retire, 16 non-union employees who have reached the Rule of 80 and 20 police and fire employees eligible for retirement.
In discussing additional positions to be added, Mr. McDougal has budgeted for two Assistant City Manager positions which will be filled by current Department Heads. He has also budgeted an additional $100,000.00 to supply new employees to assist in those departments. He further spoke of several potential new job positions such as Business License Clerk, Grant Writer, Purchasing Agent and Public Information Officer. Those positions will be evaluated in January, 2013. In response to a question from Commissioner Harrod, Mr. McDougal confirmed that the replacement of the telephone system for City Hall and the Fishing Dock replacement were budgeted items.

Utility Director Jim Bierd presented the Shawnee Municipal Authority budget and explained line item requests in each separate department.

AGENDA ITEM NO. 8: 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. 9: Administrative Reports

Emergency Management Director Don Lynch provided a handout to Commissioners regarding the City of Shawnee 9-1-1 Wireline Fee Analysis. This is in response to a questions from Commissioner Sims at the May 21, 2012 Commission meeting. This handout showed the 9-1-1 landline fees assessed, separated into various categories of residential and commercial accounts.
Mr. Lynch also discussed the 9-1-1 Wireless Fee Analysis, showing revenues received for FY 2010, FY2011 and FY2012.

Community Development Director Justin Erickson addressed the Commission regarding public comments made at the May 21, 2012 meeting by Mr. Jack Smith. Mr. Smith spoke regarding his neighbor, Mr. Boyd, whom had been granted a Conditional Use Permit for the placement of a mobile home on the property on a temporary basis. Mr. Boyd had been granted two years in which to construct a home on the property and it was Mr. Smith’s belief that the time had expired. Mr. Erickson researched the issue by means of video, audio and a review of the minutes and found that Mr. Boyd actual deadline to have this home completed is October 19, 2012. The mobile home must be removed by this date regardless of whether the home is completed or not.

AGENDA ITEM NO. 10: Commissioners Comments

Commissioner Harrod asked if any other entity has come forward to participate in the cost of the new radio tower. Mr. McDougal responded no.
Commissioner Harrod complimented the work being done at the railroad crossings.
Relating to the comments by Hershel Ring, Commissioner Harrod asked if there was any City Commission involvement in this matter. City Attorney Mary Ann Karns stated that this is a matter for the District Attorney to consider and the City Commission should not have any involvement.

Commissioner Sims asked for a report from the Shawnee Convention and Visitors Bureau sub-committee at the next city commission agenda.

AGENDA ITEM NO. 11: Adjournment

There being no further business to be considered, a motion was made by Commissioner Harrod, seconded by Commissioner Sims, that the meeting be adjourned. Motion carried 6-0. (8:24 p.m.)

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




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