Council Chambers
Municipal Building
April 10, 2007
The McAlester City Council met in regular session on Tuesday, April 10, 2007, at 6:00 P.M. after proper notice and agenda was posted April 6, 2007, at 5:00 P.M.
Present: Buddy Garvin, Haven Wilkinson, Sam Mason, Donnie Condit, Travis Read and Don Lewis
Absent: Greg Rock
Presiding: Don Lewis, Mayor
Staff Present: Mark Roath, City Manager; Bart Van Nieuwenhuise, Assistant City Manager; Robert Ivester, City Attorney and Cora Middleton, City Clerk
INVOCATION
Pastor Charles Allen, Mt. Triumph Baptist Church
PLEDGE OF ALLEGIANCE
Mayor Don Lewis led the pledge of Allegiance.
CONSIDERATION OF MINUTES—PRECEDING MEETINGS
Minutes of the Special Meeting and Regular Meeting held on March 27, 2007 were approved as distributed.
SCHEDULED BUSINESS
Presentation by McAlester High School Students Working Against Tobacco (SWAT) regarding Tobacco Prevention Program
Before the presentation, Mayor Lewis explained that this would only be a presentation and there would not be any discussion on the item.
Sarah Carpenter introduced the members of SWAT attending the meeting and then gave a short presentation. During her presentation Ms. Carpenter gave various reasons why the Council was being asked to support an ordinance dealing with the access of tobacco to minors. She also added that with a City ordinance some of the fees would go to the City instead of all of the funds going to the State.
Discussion, and Possible Action, on bid award for playground equipment for renovation of Komar Park to PlayPower LT Farmington/Kidspace Designs in the amount of $26,866.00.
Councilman Condit moved to award the bid for playground equipment for renovation of Komar Park to PlayPower LT Farmington/Kidspace Designs in the amount of $26,866.00. The motion was seconded by Councilman Wilkinson.
There was no discussion, and the vote was taken as follows:
AYE: Councilman Mason, Read, Condit, Wilkinson, Garvin & Mayor Lewis
NAY: None
Mayor Lewis declared the motion carried.
Discussion, and Possible Action, authorizing the Mayor to enter into a contract with Hubbard Communications Group, Inc., to perform certain services related to the City’s telecommunications systems.
Councilman Mason moved to authorize the Mayor to enter into a contract with Hubbard Communications Group, Inc., to perform certain services related to the City’s telecommunications systems. The motion was seconded by Councilman Read.
Before the vote, Councilman Mason stated that he would like to hear comments on this from the City Manager before the discussion.
Mark Roath explained that Hubbard Communications was a company that analyzed all telephone services an entity used. The compensation was based on the savings found during the first year of a contract. He stated that if the City implemented any of the companies recommendations then the City would pay Hubbard Communications fifty (50%) of its’ savings. He also stated that it was about time for the City to renew its’ cellular contract and Hubbard Communications would review the needs of the City and compare that information to the services of the various cellular companies and make recommendations based on that information.
Mayor Lewis and Councilman Read asked what the fee was based on and what the time limit was.
Mr. Roath stated that there would be no cost unless the City actually implemented any of the recommendations made by Hubbard Communications and then only half of what was actually saved in cost.
There was no further discussion, and the vote was taken as follows:
AYE: Councilman Wilkinson, Mason, Condit, Garvin, Read & Mayor Lewis
NAY: None
Mayor Lewis declared the motion carried.
Discussion, and Possible Action, on Subtitle “D” fund collection for the period July 1, 2004 through December 31, 2006.
Councilman Mason moved to approve the possible action on the Subtitle “D” fund collection for the period of July 1, 2004 through December 31, 2006, seconded by Councilman Read.
Before the vote, Vickie Brown asked what the motion was actually going to be.
Councilman Read stated that he had a motion ready unless there needed to be discussion before it was made. Mayor Lewis asked if the was any preliminary discussion. There was none and Councilman Read read the following motion.
That a one time lump sum credit for overpayment of the Subtitle “D” fee to be applied to all water account holders who held an active water account with the City of McAlester during the applicable period of July 1, 2004 through December 31, 2006. This credit will be applied on a pro rated basis based upon 3.00 per month of service during the applicable period and less any amount that may be delinquent on the account. The total credit amount will not exceed $90.00. Additionally, the City Manager will determine the best method by which to identify, notify, and issue refunds to those account holders who held an active water account with the City during the applicable period, but who do not currently have an account. As with the credits, these refunds will be made on a pro rated basis and less any monies that may still be due the City of McAlester and will not exceed $90.00. These credits and refunds will be issued after the start of the new fiscal year and during the first full water billing cycle in July 2007.
Mayor Lewis clarified with the City Attorney that this could be the motion with Councilman Mason actually making it and Councilman Read seconding it. Mr. Ivester stated that it could be done that way.
Councilman Garvin asked if an account holder was missed what kind of trouble the City would be in. Mr. Roath stated that he believed the City had identified all of the account holders for that period of time. He added that a large report had been given to him that totaled approximately $611,000.00, which reflected all of the accounts during that time period. He stated the City should have a pretty accurate record.
Councilman Condit stated that he believed that the fee had been wrongfully charged and should be refunded but the City was going to turn around and increase the amount and begin charging the fee again. He added that he thought that was a problem.
Mayor Lewis stated that the fee had already been reinstated at $3.89.
Mr. Roath stated that the City had certain mandates while continuing to operate the landfill. And even though during the period of time the City collected the fee without the authority, the necessisity of the fee had not gone away.
Mrs. Brown stated that the questions she had were answered during the Council’s discussion and she wanted to encourage the Council to approve this action for the citizens of McAlester.
Mayor Lewis stated that the fee that had been collected during the period in question had been appropriately used.
There was no further discussion, and the vote was taken as follows:
AYE: Councilman Read, Condit, Wilkinson, Mason, Garvin & Mayor Lewis
NAY: None
Mayor Lewis declared the motion carried.
Discussion, and Possible Action, on canceling agreements between the City of McAlester and the McAlester Foundation, Inc., related to Lot B-1 (34.02 acres) located in the Steven Taylor Industrial Park and a tract known as the “King Property.”
Councilman Condit moved to approve the cancellation of agreements between the City of McAlester and the McAlester Foundation, Inc., related to Lot B-1 (34.02 acres) located in the Steven Taylor Industrial Park and a tract known as the “King Property.” The motion was seconded by Councilman Mason.
Before the vote, Councilman Mason stated that “adequate information concerning the Steven Taylor Industrial Park is not contained in agenda item “E”. The existing contracts between the City of McAlester and the McAlester Foundation, Inc. within the Steven Taylor Industrial Park will be included in the agenda at the next meeting of Council and addressed at the time.” He stated he wanted to amend the previous motion to give the required 30 day notice of cancellation of the undated “Agreement For Sale and/or Lease Development of Industrial Tract” concerning property known as the “King Property” and strike the reference to Lot B-1 located in the Steven Taylor Industrial Park. The motion to amend was seconded by Councilman Read.
There was no further discussion on the amendment, and the vote was taken as follows:
AYE: Councilman Read, Condit, Wilkinson, Mason, Garvin & Mayor Lewis
NAY: None
Mayor Lewis declared the motion carried.
There was discussion between the Mayor and Councilman Garvin concerning the sale of the “King Property”. Councilman Garvin expressed concern on what the sale of the “King Property” would leave the City with for potential industrial growth. Mayor Lewis stated that this action would not sell the property just eliminate the McAlester Foundation, Inc. from the picture if in the future the property was developed or sold.
Mr. Ivester stated that this was giving the Foundation notice that they were no longer sales agent for the “King Property”.
Mr. Richard Dudley addressed the Council stating that if the City was not comfortable with the agreement or relationship do not be in the relationship or in an agreement with the Foundation. He then gave a brief explanation on how the agreement was developed. He also compared the “King Property” to the Steven Taylor Industrial Park. He explained how the “King Property” had some advantages that the Industrial Park did not have. Like the easier access to water, sewer and power, opportunity for more entrances and exits to the “King Property”.
There was more discussion concerning the pros and cons of both the Industrial Park and the “King Property”. It was also discussed that if the City actually terminated the agreement, if in the future any prospects that became available, the Foundation would still direct them to the City.
Vickie Brown stated that she would like to bring the Council back on point. She said this was simply about cancelling an agreement with the Foundation. She further stated that if any of the land was sold the funds should not be passed out but directed into the Economic Development fund.
There was no further discussion, and the vote was taken as follows:
AYE: Councilman Condit, Mason, Garvin, Wilkinson, Read & Mayor Lewis
NAY: None
Mayor Lewis declared the motion carried.
CITY MANAGER’S REPORT
Mark Roath stated that he wanted to make public record of the plans that the Choctaw Nation of Oklahoma had for building a 90, 000 square foot building in the community. He looked forward to working with them as the City to ensure that the building happened.
He then stated that as a companion issue to the building the Choctaws have contacted the City about applying for a grant to help the City construct a fire station. The Council had been informed earlier about this and this endeavor would be similar to what they had done with the City of Durant. He mentioned that they would like to meet with the Council at the first meeting in May.
Mr. Roath then thanked Spirit Aerosystems for the recent donation of $2,500.00 for additional equipment for the skate park.
MAYOR, COUNCIL, COMMITTEE REPORTS
Councilman Condit stated that he was concerned with the distribution of the sales tax. He questioned why MEDS was given $800.00 to $900.00 more than the Hospital during the period of July 2006 through February 2007. He also questioned if the City was going to get back with SWAT or if that organization would need to get back with the City.
Mark Roath stated that he would find out why the distribution of the sales tax was different.
Mayor Lewis stated that SWAT would need to get back with the City.
Councilman Mason stated that the information distributed by SWAT contained items that could be included in an ordinance and they had made some good points. This would give the City something to work with and bring back to Council for consideration. This could allow the City to reap some portion of the revenue from this matter.
Councilman Condit stated that he appreciated the format of the agenda, by having the discussion and then possible action it gave the Council an out if they needed more time to consider a matter. He also appreciated getting the information as early as he did this time. It gave him some extra time to review the material.
Mayor Lewis stated that it might not always be possible to have the items addressed in this manner. He stated that it was not the intent to slow the government down but to do what was right for the City and keep it moving forward.
Mark Roath stated that the staff was in the process of making some changes internally to aid with this issue. They would be developing a 60 day calendar that would be furnished to the Council. He added that there would be some changes to the agenda as well.
Councilman Wilkinson expressed appreciation to Mr. Roath for his handling of the questions concerning the debris pickup.
Councilman Garvin inquired about the Choctaw Nation’s intent with the grant for the fire station and where this building would be built.
Mark Roath stated that Choctaw Nation had approached the City concerning this matter. They were looking to submit an application for an $800, 000.00 grant and then possibly match with funds from the nation to aid the City in the construction of a fire station similar to the project they had done with the City of Durant. The location had not been discussed and they wanted to address the Council at the first meeting in May. Another fire station in the area of the new building and health center would be beneficial not only to the Choctaw Nation but also to the City.
Councilman Garvin stated that the debris pickup in North Town had gone very well. He stated that he had spent an hour and half with one of the monitors and the monitor had been very organized. He added that the monitor had carried a notebook to keep track of addresses.
Councilman Mason inquired as to when the deadline was for the final pickup of the debris. He stated that he had noticed areas where the brush had not been picked up. He also stated that the spotters needed to make notes of areas where debris had not been picked up.
Mr. Roath stated that the deadline had not been determined yet, and the contractor had been expressing concern about not getting the volume. They had begun the second wave and they would be going through the community. Mr. Roath stated that the City needed to set a deadline and notify the citizens of that date.
Councilman Mason stated that he thought the initial deadline had been Monday.
Mr. Roath reported that the City had submitted a request of over $800,000.00 for reimbursement.
Mayor Lewis stated that it felt like the community had been reclaimed with the cleanup. He also reported that he had asked Mr. Roath to aid in setting up a meeting with MEDS and the Council to discuss economic development for the community. It would be a posted meeting and he thought everyone would benefit from the meeting.
Mayor Lewis thanked Mr. Roath for the job he had done and the way he had addressed the daily challenges.
Mr. Roath stated that there were a lot of good employees in the City and it was a privilege to work with them.
Concurrence with the Mayoral Reappointment of Mr. Doyle Crafts to the Personnel Board.
Councilman Mason moved for concurrence with the Mayoral reappointment of Mr. Doyle Crafts to the Personnel Board. The motion was seconded by Councilman Wilkinson.
There was no discussion, and the vote was taken as follows:
AYE: Councilman Garvin, Read, Wilkinson, Condit, Mason & Mayor Lewis
NAY: None
Mayor Lewis declared the motion carried.
Concurrence with the Mayoral Appointment of Mr. Robert Way to the McAlester Housing Authority.
Councilman Mason moved for concurrence with the Mayoral appointment of Mr. Robert Way to the Housing Authority. The motion was seconded by Councilman Read.
There was no discussion, and the vote was taken as follows:
AYE: Councilman Mason, Read, Condit, Wilkinson, Garvin & Mayor Lewis
NAY: None
Mayor Lewis declared the motion carried.
Mayor Lewis stated that the Housing Authority had two (2) vacancies that needed to be filled and if the Council had anyone they might recommend let him know.
APPROVAL OF CLAIMS – FISCAL TRANSACTIONS
Councilman Condit moved for approval of claims as follows: General - $56,001.45; Nutrition - $1,429.85; Airport Hangars - $5,020.00; and SE Expo Center Fund - $27,466.05. The motion was seconded by Councilman Read.
There was no discussion, and the vote was taken as follows:
AYE: Councilman Mason, Read, 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 Wilkinson moved for the meeting to be adjourned, seconded by Councilman Mason. The vote was taken as follows:
AYE: Councilman Wilkinson, Mason. Condit, Garvin, Read & Mayor Lewis
NAY: None
Mayor Lewis declared the motion carried, and the meeting was adjourned at 7:11 P.M.
ATTEST:
__________________________
Don R. Lewis, Mayor
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Cora Middleton, City Clerk