BOARD OF CITY COMMISSIONERS PROCEEDINGS
OCTOBER 20, 2014 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 20, 2014 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.
Gary Vogel Linda Agee
Commissioner Ward 1 Commissioner Ward 2
James Harrod Keith Hall
Commissioner Ward 3-Vice Mayor Commissioner Ward 4
Lesa Shaw Micheal Dykstra
Commissioner Ward 5 Commissioner Ward 6
INVOCATION Lord’s Prayer
FLAG SALUTE Mayor Wes Mainord
AGENDA ITEM NO. 1: Consider approval of Agenda.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Hall, to table Agenda Items 5 and 6 until the associated litigation of this issue has been completed.
There was subsequent discussion regarding the motion with clarification being asked for by Commissioners Dykstra and Shaw. After discussion, Mayor Mainord called for the vote. Motion carried 4-2-1.
AYE: Harrod, Hall, Agee, Mainord,
NAY: Shaw, Dykstra
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 Agenda Item No. 9.
b. Minutes from the October 6, 2014 regular meeting and October 13, 2014 special call meeting
c. Acknowledge the following reports:
• License Payment Report for September 2014
• Project Payment Report for September 2014
d. Acknowledge receipt of Pioneer Library System Audit for FY2013-2014.
e. Acknowledge Oklahoma Municipal Retirement Fund refund of contributions from the Defined Contribution and Defined Benefit plans for Robert Lawson.
f. Approve agreement with Excel Auctions, LLC to auction City of Shawnee surplus property.
g. Mayor’s Appointment:
Darren Rutherford Term to expire 1/01/2017 1st Partial Term
Replaces Teresa Cody - Termed Out
Ronald Gillham, Sr. Term to expire 1/01/2016 1st Partial Term
Replaces Ron Duffell – Resigned
Commissioner Shaw requested that Consent Agenda Item (b) (October 6, 2014 minutes) be pulled for separate discussion. She further asked that Consent Agenda Items (c) (acknowledgement of License Payment Report and Project Payment Report) and (d) (acknowledgement of Pioneer Library System Audit) be pulled and placed on a future agenda for discussion. Regarding the October 6, 2014 minutes, Commissioner Shaw requested that the minutes be amended to add the phrase “business affiliations, property owners and tribal affiliations” to the minutes of Agenda Item No. 15 regarding conflict of interest. City Attorney Mary Ann Karns indicated that the correction would be made.
Regarding Consent Agenda Items (c) and (d), Commissioner Shaw made an amended motion to pull those items from the current agenda for placement on a future agenda. Motion failed for lack of a second.
A motion was made by Vice Mayor Harrod, seconded by Commissioner Dykstra, to approve the Consent Agenda, items (a) through (g). Motion carried 6-1.
AYE: Harrod, Dykstra, Agee, Mainord, Hall, Shaw
AGENDA ITEM NO. 3: Commissioners Comments
Comments were made by Commissioners regarding the tabling of agenda items 5 and 6, the issues surrounding the requested detachment of property and the pending litigation filed by the Citizen Potawatomi Nation.
AGENDA ITEM NO. 4: Citizens Participation
(A three minute limit per person)
(A twelve minute limit per topic)
Ms. Barbara Smith, 27 Oakridge Drive, spoke regarding issues between the City of Shawnee and the Citizen Potawatomi Nation.
Ms. Vikki Walls, 209 S. Aydelotte, spoke regarding problems with her water account.
Mr. Bruce Winston, attorney for the Citizen Potawatomi Nation, spoke regarding the Commissions’ decision to table agenda items 5 and 6. Mr. Winston made reference to the letter received from the Department of Interior and also shared his interpretation of Oklahoma State Statutes as they relate to deannexation of property.
AGENDA ITEM NO. 5 Discussion, consideration and possible action regarding a proposal to approve the detachment petition filed by the Citizen Potawatomi Nation, which was signed by all registered voters living within the area to be detached, to detach all Citizen Potawatomi Nation lands located south of the North Canadian River from the City of Shawnee.
This agenda item was tabled by Commission vote in Agenda Item No. 1.
AGENDA ITEM NO. 6 Discussion, consideration and possible action regarding the adoption of a proposed City Ordinance to detach Citizen Potawatomi Nation lands located south of the North Canadian River from the City of Shawnee.
This agenda item was tabled by Commission vote in Agenda Item No. 1.
AGENDA ITEM NO. 7: Consider increasing the “quantities of work” on Contract No. COS-PW-13-01 (Sidewalk/ADA Ramps Project) to have Contractor construct sidewalk/trails facility along Bryan Street)
A motion was made by Commissioner Harrod, seconded by Commissioner Agee, to approve increasing quantities of work on Contract No. COS-PW-13-01. Motion carried 6-1.
AYE: Harrod, Agee, Vogel, Mainord, Hall, Dykstra
AGENDA ITEM NO. 8: Consider a Resolution to surplus Nortel Telephone instruments and authorize staff to solicit bids for their disposal.
Emergency Management Director Don Lynch addressed this item and answered questions. A motion was made by Commissioner Shaw, seconded by Commissioner Vogel, to surplus the Nortel Telephone instruments and to authorize staff to solicit bids for their disposal. Motion carried 7-0.
AYE: Shaw, Vogel, Dykstra, Agee, Harrod, Mainord, Hall
AGENDA ITEM NO. 9: Discussion regarding request for additional funding for the Veterans Memorial located in Woodland Veterans’ Park
City Manager Brian McDougal addressed this item and recommended tabling the item until discussions could be had with Visit Shawnee, Inc. Mr. McDougal stated that he expected them to begin meeting in December and would suggest that the veterans group meet with Visit Shawnee, Inc. and other veterans groups such as the American Legion in their fundraising efforts.
AGENDA ITEM NO. 10: Acknowledge Sales Tax Report received October, 2014
Finance Director Cindy Sementelli said that October sales tax collections are down $36,142.00 compared to October, 2013. She could cite no specific reason for the down turn, but noted that we are up $42,264.00 over 2012.
AGENDA ITEM NO. 11: Consider Bids
a. Dispatch Center City of Shawnee (open)
Sagemill Construction, LLC $218,000.00
Ben Hayes Construction $401,361.00
Lt. Mason Wilson read the bids into the record. He further asked that the Commission defer the bid award until the next City Commission meeting to allow staff time to review and make a recommendation. A motion was made by Commissioner Harrod, seconded by Commissioner Hall, to defer the bid award to the next regular City Commission meeting. Motion carried. 7-0
AYE: Harrod, Hall, Shaw, Dykstra, Vogel, Agee, Mainord
b. COEDD Roofing Project (open)
Today’s Roofing $22,139.00
Moore, OK with add alternate $22,357.00
Coates Roofing Co. $29,500.00
Seminole, OK with add alternate $29,500.00
Marsolt Construction $24,881.00
Bolivar, MO with add alternate $21,513.00
Robbins Roofing $19,575.21
Mustang, OK with add alternate $22,979.79
Director of Operations James Bryce read the bids into the record and requested that the bid award be deferred until the next city commission meeting to allow staff time to review and make a recommendation. A motion was made by Vice Mayor Harrod, seconded by Commissioner Shaw, to defer the bid award to the next regular City Commission meeting. Motion carried 7-0.
AYE: Harrod, Shaw, Dykstra, Vogel, Mainord, Hall, Agee
AGENDA ITEM NO. 12: 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. 13: Adjournment
There being no further business to be considered, the meeting was adjourned by power of the Chair. (7:26 p.m.)
WES MAINORD, MAYOR
PHYLLIS LOFTIS, CMC, CITY CLERK
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