Month 2002-6 June
Meeting of 2002-6-17 SPECIAL MEETING
MINUTES
SPECIAL CALLED MEETING
RECONVENED FROM JUNE 13, 2002
LAWTON CITY COUNCIL
JUNE 17, 2002 - 8:00 A.M.
WAYNE GILLEY CITY HALL COUNCIL CHAMBERS
Mayor Cecil E. Powell, Also
Present:
Presiding Bill
Baker, City Manager
John
Vincent, City Attorney
Brenda
Smith, City Clerk
The meeting was called to order at 8:00 a.m. by Mayor Powell. Notice of meeting and
agenda
were posted on the City Hall notice board as required by law.
ROLL CALL
PRESENT: Randy
Bass, Ward One
James
Hanna, Ward Two
Glenn
Devine, Ward Three
Amy
Ewing-Holmstrom, Ward Four
Robert
Shanklin, Ward Five
Barbara
Moeller, Ward Six
Stanley
Haywood, Ward Seven
Michael
Baxter, Ward Eight
ABSENT: None
BUSINESS ITEMS:
1. Consider and discuss the proposed preliminary FY 2002-2003
City of Lawton Budget and
take necessary actions to facilitate budget adoption. Exhibits: Budget distributed previously.
Mayor Powell said the Council recessed from its meeting of June 13 to reconvene at this
time.
Mayor Powell said for clarification, he would respond to the point about why Goodyear
and
Republic water rates were not discussed. He said last Thursday he asked Baker to talk to the lead
officials from each company rather than having them read about this in the newspaper. He said
he had always felt when you treat professional people in a professional manner that you get
professional results and he was thankful Baker had contacted them. Mayor Powell said there are
contracts with the firms and it will be handled in a more professional manner. He said the other
question was why did Council vote on that proposal, which was a package, but it was $350,000
short because that money was projected to come from Goodyear and Republic so it was that
much short, and that was item five on the memo.
Mayor Powell said Rick Endicott had called him; Endicott had been on vacation and had
not
been given an opportunity to address the Council. Council agreed to hear comments from
Endicott.
Rick Endicott, Auditing Director, explained how the auditing function was separated
from the
accounting function by a previous City Manager at the recommendation of the external auditor
and required that auditing report directly to the City Manager so it could operate independently.
He said auditing must have the support of the Council and management to do an effective job and
it cannot be done effectively with one person due to the size and complexity of the organization.
Endicott said the department acts as an advisor to the City Manager and Council about
controls,
policies and procedures, and provides consultation to directors and supervisors on operational
and procedural issues. They have conducted many studies and provided input that have made
changes in the organization. They have uncovered fraud, embezzlement and saved the City
thousands of dollars.
Endicott said he believed he had direct influences on the department as director for
interpreting
goals of the City Manager and conducting audits to help management and Council make this a
better organization. If the director is eliminated, it will eliminate the department. The audit
function must operate as a department to do the job properly. He respectfully submitted that you
would be doing a disservice to yourselves and the citizens by eliminating the Auditing
Department.
Harold Thorne, Acting Police Chief, said one of the jobs scheduled for elimination was
a police
clerk which was added last year because they were not able to stay abreast of the tremendous
volume of daily paperwork.. He asked that they be allowed to retain the position to allow for
timely processing of paperwork from the 151 officers for District and Municipal Court. Thorne
said they have eleven police clerk slots but it is a 24/7 operation and they must archive, enter
data, perform matron duties for female prisoners and are responsible for the OLETS machine,
making NCIC entries, and waiting on the public at the police station. Moeller asked if the clerks
were on duty at night. Thorne said they have one or two on duty at night; most work during the
day because that is when courts are in session and the most activity occurs.
Baker said Council was looking at a deficit of $350,000, and currently the budget includes
once a
week refuse service beginning October 1. Baker said Council had offered suggestions to decrease
that $350,000 deficit by taking $55,000 from the hotel/motel tax to help fund the Museum and
free-up money for the general fund, and the figures previously provided had a surplus of $54,943,
so the deficit is now about $200,000. Ewing-Holmstrom asked if that included the $1 charge for
refuse service. Mayor Powell said no, it is for once a week refuse collection. Moeller asked if the
shortage is $240,000 and Baxter said yes.
Hanna asked if Council passed once a week refuse collection last Thursday. Mayor Powell
said
that is in the proposal. Hanna said he was totally against that, we went through this last summer
and the ordinance was changed to allow residents to keep trash at the side of the homes for a
month, but he and Neighborhood Services employees went to one home and found rats and
maggots and it is a health problem. Hanna suggested keeping twice a week pick-ups and if rates
need to be raised to do that, he would recommend that happen as he had received many calls in
this regard because it would create health and sanitation problems.
Hanna said he did not want to see a fire station closed or any employees laid off; if
we lay
employees off, we are bringing the economy down instead of up, and if we give them a raise,
they will spend their money in the economy, and it is killing the morale. He said he did not want
to see the general employees have to pay the bill.
Hanna suggested twice a week refuse collection continue, not close any fire stations,
to do away
with the 22 positions the City Manager identified because half of them are vacant so do not fill
them; raise the refuse bills by $1.25, or even $2 or $2.50 because people would rather pay the
extra even though they are on a fixed income and keep twice a week service; if we do away with
service, we do away with people and the economy will be back down and people may be on the
street or on welfare and you will pay for it one way or another. Hanna said another $1 could be
added to the water bill if needed, not counting the water study. He said he did not want to see
anyone lose their job or the City workers to take the brunt of it. Hanna said he was not here to try
to win a popularity contest but to try to make decisions that will effect the City and have a budget
passed.
Baker said part of the direction he was given at the last meeting was to take two suggestions
and
work up something off of that, and he had worked up four options, and a fifth. He distributed the
alternates and explained them as follows: Alternate #1 is two times a week garbage service, no
packer truck purchased, across the board pay raise for all employees, add $1 per month to the
refuse collection, increase water revenue by $175,000 for vacancy adjustments, and increase
revenue by $25,000 for grass clipping bags; that gives $225,000 of revenue from those two
sources and then bring proposals back to Council.
Hanna asked what was meant by grass clipping bags. Baker said it is a program which
was
reviewed a few years ago where the City would purchase bags, put the City seal on them and if
you want extra garbage collected at your home you would have to buy these bags; you get three
to four bags in the normal service or whatever the Council decides, and if you want to put 40
bags out, you would have to buy those bags and pay extra for the service.
Hanna said this was tried before and did not work; he asked who will handle the bags,
will it be
the people on the truck or will we have to hire extra people. Baker said Council will have to set a
limit on the amount allowed and it could remain at the current 60 gallons. Baker said when this
was reviewed before, there were retailers who agreed to keep the bags in stock and sell them
after purchasing them from the City, so the City would get the revenue up front, so much per bag,
and he thought it would work out if that is what Council wants to do. Baker said it is a way to
equalize the service so the people who want to put 30 bags of grass out can still do it but they are
going to have to pay for it.
Hanna asked what is allowed now or if we have such a thing. Baker said the Code allows
60
gallons, which is about three garbage cans. Hanna said people may not have transportation to buy
the bags, such as the senior citizens, and said he was trying to play the devil's advocate because
there will be problems that have to be worked out and it may involve hiring more people to
handle all of it. Hanna asked how much of a strain it would put on the finance and accounting
personnel to keep up with it.
Shanklin said they picked up 260 bags of grass clippings in Fields & Dunning last
Thursday, and
asked if anyone thought it was fair to their neighbors who put out one or two bags. Hanna asked
if that was the whole area or one yard. Shanklin said one yard. Hanna said crews should not have
picked it up, the resident should have been told he had to take it to the landfill. Shanklin said they
were trying to get across that there is a limit, but we pick up everything that is put out and there
is a great inequity between those people who live by themselves and those that put out 75 bags of
grass clippings that ruins the waste stream at the landfill. Shanklin said we are trying to be
fiduciarily responsible to the taxpayers and we are going to balance the budget not on the back of
the employees but on the back of those with fixed incomes and he guessed it did not make any
difference how you do it but one or the other will be offended. Shanklin said this has been
studied and re-studied and it works every place else and they have one service per week, and
those other places are much more affluent than this poor little old city here; everyone else in the
State of Oklahoma has had to cut back but not Lawton, we are not going to cut back, we are
going to balance this budget on the back of the poor people, so have at it.
Hanna said he agreed with the comments about 50 or 60 bags and those picking up the
trash
should call an inspector to tell the resident they have to take that to the landfill instead of getting
it picked up because it sounds like someone is running a business out of their house.
Mayor Powell said the bag system is more for equalization rather than trying to balance
the
budget and there will be some projected income from it, but it is more for equalization.
Baker said the second alternate is the same as the first except it provides for once
a week garbage
pick up. The third alternate is two times a week garbage pick up, eliminate pay raises for all
employees, and reinstate all deleted positions. The fourth alternate is one time a week garbage
pick up, eliminate pay raises for all employee groups, reinstate deleted positions except solid
waste collection and no increase in refuse fees. Alternate 1A is the same as Alternate 1, which is
two times a week garbage collection, across the board pay raises and add $1.50 per month
instead of $1, and it would generate a little bit toward the reserve for next year, almost $300,000
on that option.
Baker said on the vacancies, there is the potential for considerable revenue depending
on what
the Council would do; staff still needs to look at it and actions should not be taken too hastily,
there are a lot of things to consider before changing that process.
Hanna said Alternate Three says to eliminate pay raises for all employee groups and
he asked if
the City would be required to enter into negotiations again with the fire union. Baker said there is
a provision in their contract that if the City notifies them we do not have the funds to support the
salary increase then we would open negotiations. Hanna said he did not want to do that.
Baxter said Alternate One shows to add $1 per month to refuse fees, and at the bottom
is says
$400,000 and asked if that was from that $1 and Baker said yes.
MOVED by Baxter, SECOND by Ewing-Holmstrom, to accept Alternate One.
Moeller said the list of vacancies shows seven vacant firefighter positions and asked
if those
could be frozen without jeopardizing what they need as far as manpower. Baker said any savings
would be taken up in overtime so there would be no material savings.
SUBSTITUTE MOTION by Devine, SECOND by Hanna, to accept Alternate One A. (*See
amendment below)
Mayor Powell asked if the difference in Alternate One and Alternate One A was the $1
versus
the $1.50 for refuse.
Baxter said he did not understand why everyone should be charged an extra fifty cents
when the
budget can be balanced for $1, and asked if it was just to have $200,000 extra in the surplus
category. Devine said he thought we needed to start looking ahead and building some surplus; the
Council is in this position because there was no surplus to work with at all on anything.
Ewing-Holmstrom said she agreed with Baxter and was not for increases but we are already
talking about the $2.10 increase to the water cost, and then add another $1.50. She said previous
Councils made decisions that got us into this and tacking on another fifty cents is just being
greedy; we need to do the bare minimum to get out of this and then figure out over the next
couple of months to be sure we do not get in the same bind next year.
Mayor Powell said for clarification, there is a bag system in Alternate One A. Baker
said yes.
Mayor Powell asked what positions had been cut under Alternate One A. Baker said the positions
that would be cut in addition to the ones originally presented in the preliminary budget are the
Buyer in Financial Services, the Director in Building Development, the Kennel Assistant in
Animal Welfare, the Computer Operator in MIS, a Chemist at the Wastewater Treatment Plant, a
Utility Worker/Laborer in Water Distribution, the Director of Audit, the Admin Secretary in
Planning, a Police Clerk, and reduce the part time at the Library by $25,000. The recreation
supervisor was added back in after the last meeting and the department took out some additional
200 money instead.
Mayor Powell asked where we were on the police cars. Baker said the six police cars
considered
at the last meeting were reinstated by the Council so they are in the budget.
Ewing-Holmstrom asked how we could function without a Director of the Auditing Department.
Baker requested Council consider reinstating that position, it is important, and his position was
he had to find funds to balance the budget, we have a very good staff auditor that is experienced
in doing audits and his thought was to use her on the audits but he thought it would be to the
City's advantage to retain the Auditing Director, and he needed to use him more than he ever had.
Baxter asked to change his motion; 1A shows a projected surplus of $294,000, so you
can add
the Auditor's position and decrease the surplus. He said when the six police cars were put back
in, it took away $50,000 from the lakes grants, so that could be added back in and paid for by the
surplus of 1A.
*Devine said he would amend his substitute motion to reinstate the Auditor and the $50,000
for
the lakes. Hanna seconded the amendment to Devine's substitute motion.
Shanklin said he thought he heard the remark that we have not planned for the future,
and since
ten years ago, wages have doubled and that is the reason the budget has grown to where it is and
the reason why the water rates are escalating. Ewing-Holmstrom said we have a year to fix that.
Mayor Powell asked for the roll call on the substitute motion as amended on Alternate
1A.
Haywood asked if that reinstates the employees and Baker said not under this option. Baxter said
it would a couple of them. Haywood said he could not vote for it.
VOTE ON SUBSTITUTE MOTION AS AMENDED: AYE: Hanna, Devine, Ewing-Holmstrom,
Moeller, Baxter, Bass. NAY: Shanklin, Haywood. SUBSTITUTE MOTION AS AMENDED
CARRIED.
2. Pursuant to Section 307B.4, Title 25, Oklahoma Statutes, consider
convening in executive
session to discuss the pending litigation of MJK CLEARING, INC. in U.S. District Court for the
District of Minnesota, regarding the City of Lawton, and if necessary, take appropriate action in
open session. Exhibits: None. (See June 13 minutes for consideration of this item.)
3. Pursuant to Section 307B.2, Title 25, Oklahoma Statutes, consider
convening in executive
session to discuss negotiations for an Employment Agreement for FY 2002-2003 between IUPA,
Local 24, and the City of Lawton, and take appropriate action in open session if necessary.
Exhibits: None. (See June 13 minutes for consideration of this item.)
4. Pursuant to Section 307B.2, Title 25, Oklahoma Statutes, consider
convening in executive
session to discuss future negotiations concerning the Employment Agreement for FY 2000-2003
between IAFF, Local 1882, and the City of Lawton, and take appropriate action in open session
if necessary. Exhibits: None. (This item was not considered.)
ADDENDUM:
1. Consider a resolution adopting the Volume Charges in Table
17 of the Black & Veatch
Corporation's Report on Revenue Requirements, Cost of Service and Rates for Water Service,
and recommend adoption by the Lawton Water Authority. Exhibits: Resolution No. 02-____.
(See June 13 minutes for consideration of this item.)
2. Consider a resolution amending Appendix A, Schedule of Fees
and Charges, Lawton City
Code, 1995, as amended, increasing the rate for Water Service and establishing an effective date
and recommend adoption of these amendments and effective date by the Lawton Water
Authority. Exhibits: Resolution No. 02-____. (See June 13 minutes for consideration of this
item.)
3. Consider a resolution approving the fiscal year 2002-2003
Budget. Exhibits: Resolution No.
02-101.
MOVED by Baxter, SECOND by Hanna, to adopt Resolution No. 02-101. AYE: Ewing-Holmstrom,
Moeller, Baxter, Bass, Hanna, Devine. NAY: Shanklin, Haywood. MOTION
CARRIED.
(Title) Resolution No. 02-101
A resolution of the governing body of the City of Lawton adopting, approving and promulgating
an official budget for the City of Lawton for Fiscal Year 2002-2003 in accordance with the
provisions of the Municipal Budget Act of the State of Oklahoma; approving the appropriations,
estimate of revenues, and the planned expenditures contained in said budget for Fiscal Year
2002-2003; establishing and approving the Sinking Fund levies set forth in said budget for Fiscal
Year 2002-2003; and directing that said budget be filed and published in accordance with State
Law.
There being no further business to consider, the meeting adjourned at 8:35 a.m. upon
motion,
second and roll call vote.