Council Chambers
Municipal Building
April 24, 2007
The McAlester City Council met in regular session on Tuesday, April 24, 2007, at 6:00 P.M. after proper notice and agenda was posted April 20, 2007, at 5:00 P.M.
Present: Buddy Garvin, Haven Wilkinson, Sam Mason, Donnie Condit, Travis Read, Greg Rock and Don Lewis
Absent: None
Presiding: Don Lewis, Mayor
Staff Present: Mark Roath, City Manager; Bart Van Nieuwenhuise, Assistant City Manager; George Marcangeli, City Engineer, Robert Ivester, City Attorney and Cora Middleton, City Clerk
INVOCATION
Pastor Betty L. Shelby, BeeBee CME 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 April 10, 2007 were approved as distributed with the following correction. The vote on the Special Meeting to recess into Executive Session was corrected to correctly show that Councilman Read voted aye only and did not vote nay.
SCHEDULED BUSINESS
Presentation by Charley Brown relating to his interest in conducting a Renaissance Faire in McAlester.
Charley Brown addressed the Council giving a brief description of a Renaissance Fair. He stated that he had been a member of the Renaissance Festivals since he was 18 years old. He stated that a Renaissance Fair could be a punch in the arm of a community if it was conducted properly. He stated that Renaissance Fairs drew large numbers of visitors from many different states. He stated that the Norman had been a huge success. There was estimated over 350, 000 in attendance and the 222 merchants registered in the stalls sold over 5.5 million dollars in taxable sales.
There was discussion among the Council concerning how the City could insure that sales tax was collected properly, who supplied the furnishings and related articles for the fair and how the City of Norman handles their faire.
Councilman Read asked if the City Manager could have the Expo Director look into the possibility of having a Renaissance Fair and to contact the individual at the City of Norman concerning their fair.
Consider, and act upon, an Ordinance of the City of McAlester, Oklahoma, amending the City Code to include a Section on the Prevention of Youth Access to Tobacco; providing for Severability, Repealing and Savings Clauses; declaring an Emergency; and providing for an effective date of this Ordinance.
ORDINANCE NO. 2553
AN ORDINANCE OF THE CITY OF McALESTER, OKLAHOMA AMENDING THE CITY CODE TO INCLUDE A SECTION ON THE PREVENTION OF YOUTH ACCESS TO TOBACCO; PROVIDING FOR SEVERABILITY, REPEALING AND SAVINGS CLAUSES; DECLARING AN EMERGENCY; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE.
Councilman Read moved to approve ORDINANCE NO. 2553, seconded by Councilman Mason.
Before the vote, Councilman Read stated that at the previous meeting SWAT had made a presentation urging the Council to adopt an ordinance regarding the access that youth have to tobacco. He felt that it was important that the Council show its support of this group and the effort they are making to promote awareness of this problem. He further stated that he had drafted this ordinance to follow the state statutes and everything that was addressed in the statute was included in the ordinance.
Councilman Condit asked if Robin Lindley had had a chance to review the ordinance and if she had any comments to make concerning the ordinance. Ms. Lindley stated that she would like to see stricter penalties incorporated in the ordinance and not leave so much to the Able Commission.
Councilman Read stated that the City of McAlester could not be more stringent than the state. Only the Able Commission could enact stricter penalties.
Mayor Lewis stated that at this point the Council could only consider the ordinance that was presented to them.
There was no further 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.
Councilman Read moved to approve the EMERGENCY CLAUSE, seconded by Councilman Mason.
There was no discussion, and the vote was taken as follows:
AYE: Councilman Wilkinson, Mason, Condit, Garvin, Rock, Read & Mayor Lewis
NAY: None
Mayor Lewis declared the motion carried.
Consider, and act upon, an Ordinance of the City of McAlester, Oklahoma, amending Section 2-42 of the McAlester City Code relating to the Order of Business; providing for Severability, Repealing and Savings Clauses; and providing for an effective date of this Ordinance.
ORDINANCE NO. 2254
AN ORDINANCE OF THE CITY OF McALESTER, OKLAHOMA, AMENDING SECTION 2-42 OF THE McALESTER CITY CODE RELATING TO THE ORDER OF BUSINESS; PROVIDING FOR SEVERABILITY, REPEALING AND SAVINGS CLAUSES;AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE.
Councilman Mason moved to approve ORDINANCE NO. 2254, seconded by Councilman Condit.
Before the vote, Mark Roath distributed information explaining the changes that this ordinance would make. He stated that he had contacted several other cities and had received information from them. He stated that this could improve the agenda process. Mr. Roath stated that some of the changes would be adding citizens’ comments on non-agenda items at the first of the meeting, incorporating a consent agenda, where routine items could be handled with one motion, and adding the option of having an executive session at the end of the meeting, if needed. This would give the citizens notice of what was going to be on the agenda and what time the session would take place.
Councilman Mason stated that he had had the opportunity to review this with Mr. Roath and even though he was not sure the Council was ready to give up claims he was impressed with this format and he thought Mr. Roath had done his homework. He felt this was more professional and that the Council was not losing anything.
There was discussion concerning this ordinance and how it allowed items to be removed from the consent agenda if the Council requested it, how it allowed for the executive session to be after the regular meeting and not at 5:00 P.M. or 5:30 P.M.
Doug Russell asked if the executive sessions would always be at the end of the meeting and if the Council would attempt to keep the public from attending.
Mr. Roath stated that this ordinance established the order of business for the meetings. Councilman Rock stated that it was not the intention of the Council to shut people out. Councilman Condit stated that there was another public body that conducted an executive session at each meeting and he thought it was a good idea to have it on the agenda at the end in case it was needed. Mayor Lewis stated that this could establish a more convenient time for the executive sessions.
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.
Consider, and act upon, giving thirty (30) days’ notice of termination of Agreement for Sale and/or Lease Development of Industrial Tract, between the City of McAlester and the McAlester Foundation, Inc., dated January 22, 1985, describing property in Sections 9 and 10, all in Township Five (5) North, Range Fourteen (14) East of the Indian Base and Meridian.
Councilman Rock moved to approve the thirty (30) days notice of termination of Agreement between the City of McAlester and the McAlester Foundation, Inc. dated January 22, 1985. The motion was seconded by Councilman Mason.
Before the vote, Councilman Mason stated that this item had been intended to be included at the last meeting and had been brought back with the complete information for this meeting.
Councilman Garvin asked exactly where this property was located. Councilman Mason explained it was originally the entire acreage of the Steven Taylor Industrial Park. Now it was only the property that had not been sold to date.
There was further discussion among the Council concerning the exact ownership of the property and producing a map that correctly listed the current ownership of the property within the Industrial Park.
George Marcangeli stated that the City would produce a current map of the Industrial Park, with the ownership information, for the Council.
There was no further discussion, and the vote was taken as follows:
AYE: Councilman Condit, Rock, Mason, Garvin, Wilkinson, Read & Mayor Lewis
NAY: None
Mayor Lewis declared the motion carried.
Consider, and act upon, the professional engagement of Crawford and Associates, P.C., to assist the City with its analysis of bond proceeds usage for the Series 1999A, 1999B, 2002 Utility System Revenue Bonds, and Series 2004 Sales Tax Revenue Bonds at a sum not to exceed $10,000.00.
Councilman Rock moved to approve the professional engagement of Crawford and Associates, P.C., to assist the City with its analysis of bond proceeds usage for the Series 1999A, 1999B, 2002 Utility System Revenue Bonds and Series 2004 Sales Tax Revenue Bonds at a sum not to exceed $10,000.00. The motion was seconded by Councilman Wilkinson.
Before the vote, Mark Roath stated that the current auditors had expressed concern over the bond expenditures for the various bond issues of the City. The auditor had suggested using Crawford and Associates to aid in the identification of eligible and ineligible expenses. They would also assist in preparing a repayment schedule for any ineligible expenses. Mr. Roath stated that he would recommend that this be approved so the citizens would know that the matter concerning the bonds had been dealt with in the proper manner.
Councilman Mason stated that he would like to recommend that the 2003A and 2003B bonds be looked at also.
Mr. Roath stated that he could address that recommendation with the auditors if it was needed.
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.
Consider, and act upon, approving a Seismic Survey Permit and Fee with Quantum Geophysical, Inc., J. C. Land Management, Inc., and Seismic Exchange, Inc., on City-owned property on and around Lake McAlester effective until May 1, 2008.
Councilman Wilkinson moved to approve the Seismic Survey Permit and Fee with Quantum Geophysical, Inc., J.C. Land Management, Inc., and Seismic Exchange, Inc. The motion was seconded by Councilman Mason.
Before the vote, George Marcangeli explained that this was a joint request from the three companies that were working together. He stated that almost every property owner around the proposed area had given authorization to the companies. The total area included in this requested permit was 2,103.79 acres and most of it was Lake McAlester with some located around the water treatment plant. The permit would be for $10.00 an acre with a total of $21,037.90.
Councilmen Read and Mason asked why the letter only stated $8,268.90 and not $21,037.90 and if the agreement had been looked at by the City Attorney. It was also asked if there was anything to address the surface damage that would be caused by the equipment while the survey was being conducted.
Mr. Marcangeli stated that the City had already received part of the money for a different permit. He also stated that surface damage was addressed in the second paragraph of the permit. He stated that he had met with the City Attorney and Manager and reviewed the original permit and made various changes. Those changes are indicated in red on the proposed permit that is before the Council.
Jason Carston, Project Manager for Western Geophysical, stated that the companies were not planning on using dozers on this project at all. They would be using a cable system that would lay on top of the ground and where it crossed the lake the cable would be sunk to the bottom. Mr. Carston added that they were only using cutting crews where it was necessary. He also stated that the permit stated that the City asked for any and all surface damages to be repaired. But he didn’t foresee any damages.
Councilman Garvin asked where the funds from this would go. He also asked if the Choctaw Nation had anything to do with Lake McAlester.
George Marcangeli stated that these funds were not budgeted but since the area where this survey was being conducted was primarily MPWA property he thought it should be considered as MPWA miscellaneous revenue and put into the MPWA fund. He also stated that Lake McAlester was owned by the City and the Choctaw Nation had no interest in the lake.
Councilman Mason stated that since it was unexpected revenue why should it be put into a department that was already budgeted. Mr. Roath stated that it would be put into reserves.
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.
Consider, and act upon, concurrence with Mayor’s appointment of Dr. Burt Thomas to replace Mr. Bob Green on the Planning Commission.
Councilman Condit moved to concur with Mayor’s appointment of Dr. Burt Thomas to replace Mr. Bob Green on the Planning Commission. The motion was seconded by Councilman Mason.
Before the vote, Councilman Read asked if Mr. Green had resigned from the Planning Commission. Mayor Lewis stated that he had spoken with Mr. Green‘s brother and had been informed that Mr. Green would not be able to continue to serve on the Planning Commission.
There was no further 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.
Consider, and act upon, concurrence with Mayor’s appointment of Mr. John McClellan to the Parking Authority.
Councilman Mason moved for concurrence with Mayor’s appointment of Mr. John McClellan to the Parking Authority. The motion was seconded by Councilman Condit.
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.
CITY MANAGER’S REPORT
Mark Roath stated that he had two items to report at this time. One was that he was still accepting applications for City Treasurer and would until May 11, 2007. He stated that he had received a good cross selection of qualified individuals.
The second item was the Special Meeting scheduled for this coming Thursday. The representative from the Choctaw Nation was to address the Council and explain the project they were proposing. This project was a grant application for a public improvement to construct a fire station on the south side of the City.
MAYOR, COUNCIL, COMMITTEE REPORTS
Councilman Mason asked George Marcangeli to update the Council on the debris cleanup. He stated that he was still noticing some rather large piles of debris.
George Marcangeli stated that the City was still under contract with Bamaco. He stated that the company was now conducting the tree trimming, which was taking longer than expected. Mr. Marcangeli stated that it was his understanding when the tree trimming was completed, the company would make another swing through the City and pickup any debris on the right-of-way.
Councilman Mason asked if the debris would be picked up even after the deadline if the contract was still in effect.
Mr. Marcangeli stated that he believed that until the contract deadline any debris that was on the right-of-way would be picked up.
Mayor Lewis stated that there was a lot of debris that was stacked in yards and not on the right-of-way. He added that any debris not on the right-of-way would not be picked up.
Mayor Lewis restated that there was a meeting scheduled for Thursday. He stated that there was a joint meeting between the City Council and MEDS scheduled for May 1st at 6:00 P.M. at the Vo-Tech. Mayor Lewis stated that the Subtitle “D” money was scheduled to be credited the first billing period of July and that would create approximately $600,000.00 of non receipt of revenue for the City.
Mark Roath reported that the staff had met on several occasions in regard to the impact of that credit.
APPROVAL OF CLAIMS – FISCAL TRANSACTIONS
Councilman Rock moved for approval of claims as follows: General - $114,260.92; Capital Outlay Lease/Loan - $14,489.68; Nutrition - $6,523.81; SE Expo Center Fund - $1,566.75; Economic Development - $8,333.33 and CDGB Grant Fund - $282.50. The motion was seconded by Councilman Garvin.
There was no discussion, and the vote was taken as follows:
AYE: Councilman Wilkinson, Mason, Condit, Garvin, Rock, Read & Mayor Lewis
NAY: None
Mayor Lewis declared the motion carried.
ADJOURNMENT
There being no further business to come before the Council, Councilman Condit moved for the meeting to be adjourned, seconded by Councilman Mason. The vote was taken as follows:
AYE: Councilman Read, Condit, Wilkinson, Mason, Rock, Garvin & Mayor Lewis
NAY: None
Mayor Lewis declared the motion carried, and the meeting was adjourned at 7:20 P.M.
ATTEST:
__________________________
Don R. Lewis, Mayor
____________________________
Cora Middleton, City Clerk