Council Chambers

                                                                                                Municipal Building

                                                                                                February 27, 2007

The McAlester City Council met in Special Session on Tuesday, February 27, 2007, at 5:30 P.M. after proper notice and agenda was posted on February 23, 2007, at 5:00 P.M.

Present:            Don Lewis, Sam Mason, Buddy Garvin, Travis Read, Haven Wilkinson, Greg Rock & Donnie Condit

Absent:             None

Presiding:          Don Lewis, Mayor

Staff Present:    Mark Roath, City Manager; Robert Ivester, City Attorney & Cora Middleton, City Clerk

Mayor Lewis called the Special Session to order.

Councilman Mason moved to recess the Special Session for an Executive Session to discuss the Joe Benson Case, “ADA” Case and other legal matters in accordance with Title 25, Sec. 307.B.4; and to discuss Collective Bargaining in accordance with Title 25, Sec. 307.B.2.  The motion was seconded by Councilman Read, 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, and the Special Session was recessed at 5:31 P.M.

The Special Session was reconvened at 5:54 P.M.  No action was taken at the time.  Councilman Rock moved to recess the Special Session to reconvene after the Regular Meeting was completed.  The motion was seconded by Councilman Condit, 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, and the Special Session was recessed at 5:55 P.M.

The Special Session was reconvened at 7:11 P.M.  Mayor Lewis stated that the Special Session had recessed to conduct the regularly scheduled Meeting.

Councilman Rock moved to recess the Special Session and reconvene the Executive Session to complete the discussion of the Joe Benson Case, “ADA” Case and other legal matters in accordance with Title 25, Sec. 307.B.4; and to discuss Collective Bargaining in accordance with Title 25, Sec. 307.B.2.  The motion was seconded by Councilman Condit, 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 and the Special Session was recessed at 7:12 P.M.

The Special Session was reconvened at 7:34 P.M.  Mayor Lewis reported that the Council had returned into Executive Session at 7:12 P.M. for the purpose of completing the discussion of the Joe Benson Case, “ADA” Case and other legal matters in accordance with Title 258, Sec. 307.B.4; and to complete the discussion of Collective Bargaining in accordance with Title 25, Sec. 307.B.2., and only those matters were discussed by the Council.  No action was taken on the matters and the Council returned to open session at 7:34 P.M., and that constituted the Minutes of the Executive Session.

Councilman Mason moved to authorize the City to dismiss the Benson counterclaim, subject to the settlement of the Benson claim and review of the Settlement agreement by the City Attorney.  The motion was seconded by Councilman Condit.

Before the vote, Councilman Rock stated that this decision was financially sound for the City.

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.

Councilman Rock moved to authorize legal council to engage Architect, Jeff Andrews, to assist with the “ADA” case.  The motion was seconded by Councilman Read.

Before the vote, City Manager, Mark Roath stated that this engagement would be subject to a contract approved by Council.

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.

There being no further business for the Council to discuss Councilman Rock moved for the Special meeting to be adjourned.  Councilman Condit seconded the motion, 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, and the Special Session was adjourned at 7:39 P.M.

Attest:

                                                                                    ____________________________

                                                                                    Don R. Lewis, Mayor

________________________________

Cora Middleton, City Clerk