City of Nicoma Park

Regular Meeting

MINUTES

July 12, 2011

7:00 p.m.

The City Council of Nicoma Park met in the Council Chambers at 2221 Nichols Dr., Nicoma Park, OK.

1. CALL TO ORDER

The meeting was called to order by Mayor Pittman at 7:00 p.m.

Invocation led by Robert Thompson and flag salute led by Mayor Pittman.

City of Nicoma Park/NPDA July 12, 2011 MINUTES – Page 1

Councilmembers present

Mark Brill – Ward 1

Kevin Loudermilk – Ward 2

Jim Shonts – Ward 3

Cindy Williams – Ward 6

Robert Pittman – Mayor

Councilmembers absent

Ward 4 - vacant

Shelley Meyers – Ward 5

Others present

Beverly McManus – City Clerk

Robert Thompson – City Attorney

City of Nicoma Park/NPDA July 12, 2011 MINUTES – Page 1

2. HIGHLIGHTS AND CONCERNS

a. The OWRB loan was approved today for the Dollar General Sewer Project. We are moving forward with this grant and things are falling into place.

b. The Mayor has included a report in the Council packets that gives an overview of the last month’s activities.

3. CONSENT AGENDA

The Consent Agenda includes routine items that can be approved by one motion of the Council. If any proposed item does not meet with the approval of the Council, said item will be removed and placed under the Business Agenda. The following items are recommended for consideration:

a.  Minutes of the June 7 Regular Meeting and June 21 Special Meeting.

b.  Payment of June Claims.

c.  Acknowledge payment of June Payroll and Benefits in the amount of $46,857.51; City Attorney $500.00; Judge $700.00.

d.  Approval of July estimated payroll in the amount of $47,000.00.

e.  Reimbursement of Petty Cash:

General Government $127.92

Fire Department $30.34

MOTION BY Shonts; SECOND Loudermilk, to approve the Consent Agenda.

AYE VOTES: Brill, Loudermilk, Shonts, Williams, Pittman.

NAY VOTES: None. ABSENT: Ward 4-vacant, Meyers. MOTION CARRIED.

4. PUBLIC HEARINGS

Public Hearing to determine whether the following properties should be declared detrimental to the health, benefit and welfare of the public and community and direct staff to take appropriate action to abate same.

Public Hearing to be held for the following properties due to tall weeds and grass and/or the accumulation of trash.

A. Property located at 11339 N.E. 23rd Street, property owner James D. McWater.

MOTION BY Williams; SECOND Loudermilk, to declare the property a nuisance.

AYE VOTES: Brill, Loudermilk, Shonts, Williams, Pittman.

NAY VOTES: None. ABSENT: Ward 4-vacant, Meyers. MOTION CARRIED.

B. Property located at 10325 N.E. 17th Street, property owner Latrisha V. Bizzell.

Ms. Bizzell has asked for a two week extension. The city will consider her request before any clean-up.

MOTION BY Shonts; SECOND Loudermilk, to declare the property a nuisance.

AYE VOTES: Brill, Loudermilk, Shonts, Williams, Pittman.

NAY VOTES: None. ABSENT: Ward 4-vacant, Meyers. MOTION CARRIED.

C. Property located at 2133 N. Avery Ave., property owners Georgia Mills et al, Helen Sitts, Billie Hayes.

The property has been mowed. This item tabled for 30 days.

D. Property located at 11311 Stewart Ave., property owners Darrell and Evalia Johnston.

The property has been mowed. No action.

E. Property located at 10801 N.E. 16th St., property owners Hughie and Dolores Whisenhunt.

MOTION BY Shonts; SECOND Loudermilk, to declare the property a nuisance.

AYE VOTES: Brill, Loudermilk, Shonts, Williams, Pittman.

NAY VOTES: None. ABSENT: Ward 4-vacant, Meyers. MOTION CARRIED.

F. Property located at Nicoma Park Addition Block: 010 W35FT of N200FT of Lot 5 & N200FT of Lot 6, property owner Bible Baptist Church of Nicoma Park, Inc.

MOTION BY Loudermilk; SECOND Williams, to declare the property a nuisance.

AYE VOTES: Brill, Loudermilk, Shonts, Williams, Pittman.

NAY VOTES: None. ABSENT: Ward 4-vacant, Meyers. MOTION CARRIED.

G. Property located at 11801 Draper Ave., property owner Delores Anne Marie Honea.

MOTION BY Williams; SECOND Loudermilk, to declare the property a nuisance.

AYE VOTES: Brill, Loudermilk, Shonts, Williams, Pittman.

NAY VOTES: None. ABSENT: Ward 4-vacant, Meyers. MOTION CARRIED.

H. Property located at 10313 N.E. 17th St., property owner Michael Harman Trust.

The property has been mowed. No action taken.

I. Property located at 10345 N.E. 17th St., property owner Vickie L. Harman, Executor, Michael Harman Trust.

The property has been mowed. No action taken.

J. Property located at 11400 N.E. 23rd St., property owner Gene Hale, Trustee, Gene Hale Trust.

The property condition has been improved. No action taken.

5. BUSINESS AGENDA

Discussion, consideration and possible action to be held on the following Business Agenda Items:

A. Appointment to fill Ward 4 vacancy for a term ending May 2012.

No candidates to consider. No action taken.

B. Swearing-in of Ward 4 Councilmember. (If appointed under Item 5A.)

No candidates to consider. No action taken.

C. Appointments to fill vacancies on the Board of Adjustment. There are two positions open for a term 7/1/2011 to 6/30/2014.

No candidates to consider. No action taken.

D. Appointments and/or continued appointments to the Personnel Board.

MOTION BY Loudermilk; SECOND Williams, to reappoint John Boydston for a term ending 7/1/2017.

AYE VOTES: Brill, Loudermilk, Shonts, Williams, Pittman.

NAY VOTES: None. ABSENT: Ward 4-vacant, Meyers. MOTION CARRIED.

E. Amend Jail Fee Reimbursement rate from $43 per day to $48 per day on the Schedule of Fines, Fees and Forfeitures. This is increase will be effective July 12, 2011 to cover the increase in the Oklahoma County Jail daily rate. (Page 4 of the Fine Schedule.)

MOTION BY Loudermilk; SECOND Williams, to amend the Jail Fee Reimbursement Rate to $48 per day.

AYE VOTES: Brill, Loudermilk, Shonts, Williams, Pittman.

NAY VOTES: None. ABSENT: Ward 4-vacant, Meyers. MOTION CARRIED.

F. Revise the Regular Council Meeting Schedule to change the September meeting date from September 13th to September 6th.

MOTION BY Williams; SECOND Shonts, to approve changing the September meeting date.

AYE VOTES: Brill, Loudermilk, Shonts, Williams, Pittman.

NAY VOTES: None. ABSENT: Ward 4-vacant, Meyers. MOTION CARRIED.

G. Adoption of Resolution No. 2011-02 establishing the 9-1-1 Emergency Telephone Rate for calendar year 2012.

MOTION BY Loudermilk; SECOND Brill, to adopt Resolution No. 2011-02.

AYE VOTES: Brill, Loudermilk, Shonts, Williams, Pittman.

NAY VOTES: None. ABSENT: Ward 4-vacant, Meyers. MOTION CARRIED.

H. Renewal of the Jail Services Agreement between the City of Midwest City and the City of Nicoma Park. The term of this agreement is July 1, 2011 to June 30, 2012. The rate did not increase from the previous year and is $42.00 per day prorated to the closest 30-minute interval.

MOTION BY Loudermilk; SECOND Shonts, to approve the renewal of the Jail Services Agreement with the City of Midwest City.

AYE VOTES: Brill, Loudermilk, Shonts, Williams, Pittman.

NAY VOTES: None. ABSENT: Ward 4-vacant, Meyers. MOTION CARRIED.

I. Mayor’s appointment as the City’s representative to the EOC Medical Authority.

MOTION BY Loudermilk; SECOND Brill, to appoint Robert Pittman as the city representative and Cindy Williams as the alternate.

AYE VOTES: Brill, Loudermilk, Shonts, Williams, Pittman.

NAY VOTES: None. ABSENT: Ward 4-vacant, Meyers. MOTION CARRIED.

J. Return City Hall and city services back to five days a week as opposed to four days currently.

After much discussion, the Council suggested the Mayor visit with the employees affected by this change and see what the impact of the change would be.

K. Tornado shelter policies with respect animals, capacity and management.

The following concerns were brought up in discussion on this item: the capacity of the current shelter; whether or not animals should be allowed to be brought into the shelter; if there are grants available to build additional shelters; alternatives to having a shelter; and the maintenance and liability issues of storm shelters.

This item was tabled for 30-60 days to have a committee look at the issues raised and to present possible changes and/or suggestions.

L. Proposal to remove/modify tint on police patrol cars to make consistent with Oklahoma Statutes § 47-12-422.

There was a long discussion on this item.

MOTION BY Loudermilk; SECOND Shonts, to require the tint on new vehicle to be consistent with Oklahoma Statutes § 47-12-422.

There was some additional discussion on this item. Due to lack of clarification on what was being requested, Councilmember Loudermilk withdrew his motion. No other motions were presented for consideration. No action taken.

M. Solutions to speeding problems on Sewell and other streets throughout the city. Items to consider:

1. Dropping speed limit to 25 from 30 mph.

2. Large speed bump(s).

3. More patrols, meaning more officers.

There was some discussion on the benefits, liability and problems with each of these changes. There was also some discussion by the police officers on having a study conducted to see if it would be recommended to drop the speed limit. This item tabled for 90 days.

6. NEW BUSINESS

This item is listed on the agenda to provide the opportunity for City Council discussion on items which may arise, and which could not have been known about, within 24 hours prior to the meeting.

No new business.

7. REMARKS

Remarks from the public or members of the governing body. No formal action can be taken.

Cindy Williams asked Lt. Crews to come forward. She asked Lt. Crews if he had been named acting chief. He stated he had not. She praised him for all of the work he has done in the absence of the police chief even though he had not been named as the acting chief.

Carol Cline asked the Council to consider allowing their church to lease the Hiwassee Park from September 2nd through September 5th. They are going to be having a church function and expect up to 500 people to be in attendance. They would also like to be able to set up tents and/or RV’s temporarily in the park during this time. They would also like to help the City out in the park by repairing an electrical problem in the pavilion. The item will be added to the July 21st Special Meeting Agenda.

Keith _____ mentioned he liked the idea of speed bumps on the streets. He also does not like mirror tint on cars.

Jim Shonts asked if there had been any discussion on roadwork for Draper Ave. Mayor Pittman stated Oklahoma County was in the process of replacing part of Draper from Nichols around the curve on Draper. He did not know when they would begin the work.

Mark Brill asked what was going on with the Volkswagen place and a citizen complaint. The City Attorney said we cannot discuss this matter in the Council Meeting.

8. EXECUTIVE SESSION

MOTION BY Shonts; SECOND Williams, to go into Executive Session to discuss Items 8A, 8B and 8C at 8:38 p.m.

AYE VOTES: Brill, Loudermilk, Shonts, Williams, Pittman.

NAY VOTES: None. ABSENT: Ward 4-vacant, Meyers. MOTION CARRIED.

A. Discussion and possible action: Collective Bargaining Agreement with Fraternal Order of Police (FOP) Nicoma Park Lodge 153. Executive Session requested under the provisions of 25 O.S. Section 307(B)(2).

B. Discussion and possible action: Ongoing legal matters. Executive Session requested under the provisions of 25 O.S. Section 307(B)(4).

C. Discussion and possible action: The employment, hiring, appointment, promotion, demotion, disciplining or resignation of the Police Chief. Executive Session requested under the provisions of 25 O.S. Section 307(B)(1).

Mayor Pittman called the Regular Meeting back to order at 9:14 p.m.

MOTION BY Loudermilk; SECOND Shonts, to place these items on the July 21st Special Meeting Agenda.

AYE VOTES: Brill, Loudermilk, Shonts, Williams, Pittman.

NAY VOTES: None. ABSENT: Ward 4-vacant, Meyers. MOTION CARRIED.

9. REPORTS

a.  Planning Commission Minutes

b.  Code Enforcement

c.  Fire Department

d.  Police Department

It was recommended that the police department begin showing burglaries and thefts as a line item on their report. The Mayor was going to make this request to the police department.

e.  ACOG

f.  Eastern Oklahoma County Medical Development Authority

10. ADJOURNMENT

The meeting adjourned at 9:22 p.m.

Prepared on July 13, 2011 by Beverly McManus, City Clerk.

______

Approved by the City Council on August 2, 2011.

______

Mayor


Nicoma Park Development Authority

Regular Meeting

MINUTES

July 12, 2011

11. CALL MEETING TO ORDER

The meeting was called to order by Mayor Pittman at 9:22 p.m.

City of Nicoma Park/NPDA July 12, 2011 MINUTES – Page 7

Councilmembers present

Mark Brill – Ward 1

Kevin Loudermilk – Ward 2

Jim Shonts – Ward 3

Cindy Williams – Ward 6

Robert Pittman – Mayor

Councilmembers absent

Ward 4 – vacant

Shelley Meyers – Ward 5

Others present

Beverly McManus – City Clerk

Robert Thompson – City Attorney

City of Nicoma Park/NPDA – July 12, 2011 MINUTES – Page 8

12. HIGHLIGHTS AND CONCERNS

13. CONSENT AGENDA

a. Minutes of June 7, Regular Meeting.

b. Payment of June Claims.

c. Reimbursement of Sewer Fund Petty Cash in the amount of $148.17.

MOTION BY Loudermilk; SECOND Shonts, to approve the Consent Agenda.

AYE VOTES: Brill, Loudermilk, Shonts, Williams, Pittman.

NAY VOTES: None. ABSENT: Ward 4-vacant, Meyers. MOTION CARRIED.

14. BUSINESS AGENDA

Discussion, consideration and possible action to be held on the following Business Agenda Items:

A. Approve acquiring a 20-year loan rather than a 15-year loan for the Dollar General Sewer Project. This was recommended by the Oklahoma Water Resources Board to make sure we can meet our debt coverage ratio.

MOTION BY Loudermilk; SECOND Shonts, to approve the 20-year loan.

AYE VOTES: Brill, Loudermilk, Shonts, Williams, Pittman.

NAY VOTES: None. ABSENT: Ward 4-vacant, Meyers. MOTION CARRIED.

15. ADJOURNMENT

The meeting adjourned at 9:25 p.m.

Prepared on July 13, 2011 by Beverly McManus, City Clerk.

______

Approved by the City Council on August 2, 2011.

______

Mayor

City of Nicoma Park/NPDA – July 12, 2011 MINUTES – Page 8