Council Chambers
Municipal Building
January 23, 2007
The McAlester City Council met in regular session on Tuesday, January 23, 2007, at 6:00 P.M. after proper notice and agenda was posted January 19, 2006, at 5:00 P.M.
Present: Buddy Garvin, Haven Wilkinson, Sam Mason, Donnie Condit, Greg Rock, Travis Read, Don Lewis & Robert Ivester
Absent: None
Presiding: Don Lewis, Mayor
INVOCATION
Councilman Buddy Garvin, 5th Ward
PLEDGE OF ALLEGIANCE
Mayor Don Lewis led the pledge of Allegiance.
CONSIDERATION OF MINUTES—PRECEDING MEETINGS
Minutes of the Special Meetings held on January 9, 11, and 12, 2006 and Regular Meeting held on January 9, 2006, were approved, as distributed.
SCHEDULED BUSINESS
Consider Possible Action to Approve Wesley Brown Settlement that was Tabled from the January 9th Special Council Meeting
Councilman Read moved to approve the Wesley Brown settlement that was tabled from the January 9th Special Council Meeting, seconded by Councilman Mason.
Before the vote, Bart Van Nieuwenhuise stated that he had played phone tag with the insurance company until this week. He stated that the insurance was to furnish him with a written reply to his questions.
Councilman Read asked what information had been given to the insurance company. Mr. Van Nieuwenhuise stated that he discussed the exact nature of the settlement, Mr. Browns’ original status and how he had retired. The insurance representative stated that they would review all information.
Councilman Mason moved to table this matter pending further information from the insurance company. The motion was seconded by Councilman Read. There was no further discussion, and the vote was taken as follows:
AYE: Councilman Read, Condit, Wilkinson, Mason, Rock, Garvin & Mayor Lewis
NAY: None
Mayor Lewis declared the motion carried.
Discussion Regarding Subtitle “D” Federal
Mayor Lewis stated that this item was for discussion only and there would not be any action.
George Marcangeli briefly summarized information contained in a packet that had been supplied to the Council. In this summary, Mr. Marcangeli stated that before the Subtitle “D” Regulations were imposed, the City’s landfill was operated using MPWA funds from solid waste collection and disposal operations. He further stated that in 1991 Congress passed the Subtitle “D” regulations, which became effective on April 9, 1994. These regulations significantly affected the cost of construction and operation of DEQ-approved landfills. Mr. Marcangeli stated that in 1994 the City Council enacted Ordinance No. 2017 establishing a fee of $2.64 per month per customer. This fee was to begin July 1, 1994 and end June 30, 2004. This fee was to fund the additional cost. He then stated that in April of 1996, the City Council enacted Ordinance No. 2048 which beginning May 1, 1996, increased the fee from $2.64 to $8.77 until June 30, 1997, and then reduced the rate to $3.00, until June 30, 2004. Mr. Marcangeli then stated the no revisions had been made to Ordinance No. 2048 since April 9, 1996.
There was discussion among the Council concerning the fee, how long this matter had been known and the need for the fee to be continued in some form.
Mayor Lewis stated that this matter would be brought back to the Council, hopefully the first meeting in February and a decision would be made at that time.
Vickie Brown stated that Mr. Van Nieuwenhuise was correct and that she and other citizens had attempted to bring this matter to light in the past.
Consider Action to Approve Steidley and Neal Law Firm to Represent City in ADA Lawsuit
Councilman Mason moved to approve Steidley and Neal Law Firm to represent the City in the ADA lawsuit. The motion was seconded by Councilman Rock. There was no discussion and the vote was taken as follows:
AYE: Councilman Condit, Rock, Mason, Garvin, Wilk9nson, Read & Mayor Lewis
NAY: None
Mayor Lewis declared the motion carried.
Discussion of Commercial Refuse Rates
Mayor Lewis stated that this was a discussion item only.
Bar Van Nieuwenhuise stated that this had been brought before the Council previously for consideration. He stated that it had been approximately 15 years since the Commercial rates had been adjusted and the City would like to include a CPI adjustment so the Commercial rates would be fair to the residential rates. He further stated that more information would be brought to the Council at the next meeting so they could review the affect of a CPI adjustment would make to the Commercial rates.
Discussion and Possible Action to Offer Employment to City Manager Candidate
Councilman Rock moved to offer employment to City Manager candidate. The motion was seconded by Councilman Read.
Before the vote, Councilman Condit asked if the motion was to hire Mr. Roath.
Councilman Mason asked if the Council had received copies of the updated contract. He also stated that the Council could take action to authorize the Mayor to sign the contract after the Council had read it.
Mr. Ivester recommended that if the Council were going to vote on the contract they should take the time to read it. He also pointed out that the changes that had been discussed during the Executive Session on Monday, January 22 had been made and Mr. Roath had faxed two signed copies of the updated contract. He further stated that Mr. Roath would start work on February 26 instead of the earlier date.
Mayor Lewis stated that he would only sign the contract after the Council had signed it. Mayor Lewis then stated that the Council would take a few minutes to read and review the contract.
Councilman Read asked if the start date would be filled in. Mayor Lewis stated that February 26 would be written in the blank date area. Mayor Lewis briefly detailed the benefits and the changes that were being offered in the contract.
There was no further discussion, and the vote was taken as follows:
AYE: Councilman Read, Condit, Wilkinson, Mason, Rock & Mayor Lewis
NAY: Councilman Garvin
Mayor Lewis declared the motion carried.
Mayor Lewis stated that the City had officially hired a new City Manager, Mark B. Roath.
CITY MANAGER’S REPORT
Bart Van Nieuwenhuise thanked the City departments and employees that had been involved in the recovery after the ice storm. He updated the information concerning the debris removal and stated that FEMA had made their recommendation to the State. He also stated that the Governor should have made his report to the Federal Government. Mr. Van Nieuwenhuise stated that the City had revised its’ contracts from the 2000 ice storm and were ready to release them after notification from FEMA. He stated that there had been a report that the City was keeping a list of tree removal companies, he wanted to clarify that by stating that the Utility Office where the permits were issued did not have a list. He had reviewed the records and there were several receipt books but not a list. He asked citizens to ask to see the person or companies permit and a certificate of insurance before hiring someone.
Mr. Van Nieuwenhuise stated that the City was asking the citizens to take the debris to the curb side and to have it in manageable lengths or 6 to 8 feet. He also said that the City may consider making a second pass if there is enough debris to need it.
George Marcangeli added that the City would most likely issue three contracts and he explained that the right-of-way was 60’ to 80’ from the center of the road and there were some that extended 100’ from the center of the road.
MAYOR, COUNCIL, COMMITTEE REPORTS
Councilman Condit expressed appreciation to all of the organizations that had stepped forward during the ice storm and to the different electric companies that had put in so many hours.
Councilman Mason stated that Cecilia McMahon, President of the Downtown Merchants Association, had asked him to announce that the Downtown Merchants had scheduled a meeting for Thursday, January 25 at 7:00 P.M. at the Meeting Place and that as many Councilmen as possible attend.
Councilman Garvin thanked the citizens for their cooperation during the ice storm, the employees of the City, Frank Phillips of PSO and the radio station for being there as much as possible during and after the storm.
Mayor Lewis commended AEP/PSO for their outstanding job. He thanked CenterPoint Energy, Southwestern Bell, Allegiance Communications, the Oklahoma Baptist Men’s Group, the Stipe Center, the Expo, the Department of Human Services, First Baptist Church, First United Methodist Church, all divisions of the City employees, the Red Cross, the Salvation Army, the United Way, Pi ttsburg County, Kiamichi Electric and Trent Myers with Emergency Management. He thanked Senator Inhofe, Dan Boren, FEMA, Governor Henry, Senator Lerblance, Representative Terry Harrison and the Pittsburg County Health Department and all of the individuals and churches and organizations that stepped up to help. He stated that, hopefully, in the event that this happened again the City would be better prepared than it was this time.
Concurrence in the Mayoral Appointment of Mr. Harvey Bolinger to the McAlester Planning Commission
Councilman Mason moved for concurrence in the Mayoral appointment of Mr. Harvey Bolinger to the McAlester Planning Commission, seconded by Councilman Garvin.
Before the vote, Mayor Lewis explained that Mr. Steve Shoup had resigned due to time conflicts with work and meetings.
There was no further discussion, and the vote was taken as follows:
AYE: Councilman Garvin, Rock, Read, Wilkinson, Condit, Mason & Mayor Lewis
NAY: None
Mayor Lewis declared the motion carried.
(APPROVAL OF CLAIMS TO BE PAID AS FUNDS ARE AVAILABLE) – FISCAL TRANSACTIONS
Councilman Condit moved for approval of claims as follows: General - $152,730.88; Parking Authority - $235.17; Nutrition - $398.73; Revolving Evidence - $5,890.00; SE Expo Center Fund - $9,541.99; E-911 - $2,457.41 and Economic Development - $8,333.33. The motion was seconded by Councilman Wilkinson.
There was no discussion, and the vote was taken as follows:
AYE: Councilman Mason, Read, Rock, Condit, Wilkinson, Garvin & Mayor Lewis
NAY: None
Mayor Lewis declared the motion carried.
ADJOURNMENT
There being no further business to come before the Council, Councilman Read moved for the meeting to be adjourned, seconded by Councilman Wilkinson. The vote was taken as follows:
AYE: Councilman Mason, Read, Rock, Condit, Wilkinson, Garvin & Mayor Lewis
NAY: None
Mayor Lewis declared the motion carried, and the meeting was adjourned at 6:59 P.M.
ATTEST:
__________________________
Don R. Lewis, Mayor
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Cora Middleton, City Clerk