Month 2003-9 September
Meeting of 2003-9-23 Regular Meeting
LAWTON CITY COUNCIL REGULAR MEETING
SEPTEMBER 23, 2003 - 6:00 P.M.
WAYNE GILLEY CITY HALL COUNCIL CHAMBERS
Mayor Cecil E. Powell, Also
Mitchell, City Manager
Vincent, City Attorney
Cudd, Deputy City Clerk
The meeting was called to order at 6:36 p.m. by Mayor, Cecil E. Powell. Notice
of meeting and
agenda were posted on the City Hall notice board as required by law.
Bass, Ward One
James Hanna, Ward Two
Devine, Ward Three
Ewing-Holmstrom, Ward Four
Jeffrey Patton, Ward Six
Stanley Haywood, Ward Seven
Randy Warren, Ward Eight
Shanklin, Ward Five
*Shanklin arrived at 6:48 p.m.
AUDIENCE PARTICIPATION: Anyone having an item of business to present to the City
Council that does not appear on the agenda, please come forward at this time.
Raymond McAlister spoke on the International Festival this weekend, Friday September
2003, through Sunday, September 28, 2003, downtown in the Library Plaza and invited everyone
to come out.
CONSENT AGENDA: All items approved as recommended except items 4, 5, 9, 10, 12,
MOVED by Bass, SECOND by Patton, to approve the Consent Agenda items as recommended.
AYE: Patton, Haywood, Warren, Bass, Hanna, Devine, Ewing-Holmstrom. NAY: None.
1. Consider accepting a Permanent Utility Easement from Country
Hollow Townhouses for the
Meadowbrook Creek Local Flood Protection Project, and authorize the Mayor and City Clerk to
execute the Permanent Utility Easement. Exhibits: None. The Permanent Utility Easement is on
file in the City Clerk's Office.
2. Consider accepting the 2000 CIP Waterline Replacement Project
#2001-26 as constructed by
S. M. Burk Mechanical Contractors and placing the Maintenance Bond into effect. Exhibits:
3. Consider ratifying the action of the Lawton Water Authority
to permit PGS Onshore, Inc. to
conduct a Geophysical Survey on land owned by the City of Lawton in the vicinity of Lake
Ellsworth, accept payment of $3,412.50 and authorize the Mayor and City Clerk to execute an
agreement authorizing PGS Onshore, Inc. to conduct these surveys. Exhibits: None. See Water
Authority Agenda for PGS Onshore, Inc. Permit for Geophysical Survey.
4. Consider renewing the agreement between the Board of County
Comanche County and the City of Lawton for library service to Comanche county residents
living outside the City of Lawton. Exhibits: None. Agreement on file in City Clerk's office.
Bass asked Snider if the County paid all county resident cards for two years. Snider
library cards were issued for two years and preferred to issue county cards in the same manner.
MOVED by Bass, SECOND by Patton, to approve item. AYE: Haywood, Warren, Bass, Hanna,
Devine, Ewing-Holmstrom, Patton. NAY: None. MOTION CARRIED.
5. Consider approving contracts for School of the Arts, Fall
2003 Semester for Alice Mayer
($540), Sherri Denning ($270), Nancy Arnold-Reynolds ($360), Scott Smith ($270), Moises
Christian ($90), Mrs. Woody Oliver ($45), and Lori Franz ($45) faculty members for the project.
Total amount for stipends is $1,620.00. Exhibits: None. Contracts on file in City Clerk's
Vincent said all contracts should be awarded except Alice Mayer and Nancy Arnold-Reynolds
which were pulled.
MOVED by Hanna, SECOND by Warren, to approve contracts as recommended by Vincent.
AYE: Warren, Bass, Hanna, Devine, Ewing-Holmstrom, Patton, Haywood. NAY: None.
6. Consider approving contracts for the Co sponsorship Program.
Exhibits: None. Contracts on
file in the City Clerk's office.
7. Consider authorizing the Mayor to execute the recertification
application for the Community
Rating System of the National Flood Insurance Program. Exhibits: Annual Progress Report.
Recertification Application is on file in City Clerk's office.
8. Consider accepting the sanitary sewerline located along the
north side of Quanah Parker
Trailway beginning at NW 82
nd Street running 1,870 feet to the east to serve the Billingsley
automobile dealership. Exhibits: Location Map. Escrow Agreement and Maintenance Bond are
on file in the City Clerk's Office.
9. Consider a request from property owners along NW Cache Road
for the City to construct a
waterline along the south side of NW Cache Road from NW 82
nd Street west approximately
4,000 feet. Exhibits: Location Map; Letter of Request; Memorandum from Public Works
Devine pulled this item for discussion as there were citizens who wished to speak and
City of Lawton was continually growing and in an effort to grow and bring in new business,
these businesses would need water and sewer service, and said Lawton is the only entity to
charge for developments. Devine said the City had previously allowed others to tie on to the
high pressure line serving Goodyear and said taxes were received from these buildings and
developments and asked Council to consider this issue if the intent was for Lawton to grow.
Hanna said the construction of these buildings would bring business to Lawton through
employment, purchasing building materials, contractors, and said if Lawton expected to grow
Council had to lend a helping hand to developers who were willing to spend their money in
Warren said he spoke with the developers of this project and said it was the city
to provide section line utilities but said he did not know where the $125,000.00 would come from
for the 4,000 feet of 12 waterline. Jerry Ihler, Public Works Director, said he based this
estimate on past projects the city had bid and was not sure what the cost would be to a private
developer. Ihler said the estimated cost for a 12 waterline for the City of Lawton to construct
was $30.00 per foot and thought a private developer could construct this waterline at a lower
Deborah Jones, Assistant Planning Director, said Mr. Merrifield had a one inch service
connected to this main and said Mr. Wilson participated financially but did not recoup his pro
rata share. Ihler said Wilson extended a 12 line west off of the 24 line from the
corner of 97
and Cache Road.
Devine said the 24 line was put in for industrial developments such as Goodyear
and the City
agreed to maintain a certain pressure for those businesses and he felt the City should do for
others as they have done for one. Devine thought this to be a cost sharing effort on the part
the developer and the City.
Shanklin asked for explanation of a forced main and said the pressure is from the water
and not the pump and said in the past the city could only pump during a certain time to refill the
seven million gallon storage tank but in the 1990 CIP a line was built on Rogers Lane over to 67
and Atlanta to fill it any time to keep it at seven million gallons. Ihler said the concern was
line between the seven million gallon storage tank and the water tower and the more that line be
tapped the less reliability the City had, saying when a line is tapped there becomes a potential for
a leak and if a leak happened the line had to be shut down so therefore water would not be
pumped to the tower. Ihler said there was always the potential for leaks on any water line, but
each tapped site there was an additional point for a leak to occur. Ihler said one pump at Station
One runs all the time. Ihler said the CIP recently expanded the pumping capability of Pump
Station One from about 2.9 million gallons per day to 5 million gallons per day and said summer
peak demand for the industrial park and Pecan Valley was about 3.3 million gallons per day.
Ihler said the City was on a gravity flow system until Pump Station Four, at Fort Sill
Fish Hatchery, was built. The pump system was gravity flow feeding the 42 going to the low
zone as well as the seven million gallon storage tank and when demands of 17 to 18 million in
the City s system, pumps are kicked on at Pump Station Four to supplement water to Lawton.
Ihler said from Pump Station One to the elevated storage tower are pressures greater than 100
order to fill the tower.
Shanklin asked if any one had tied on to the high pressure line that was pumped from
Road. Ihler said there were three properties tied on to this line as far as tapping for an individual
property. Ihler said he hoped these individuals had installed a pressure reducing valve on their
Mayor asked Council to consider tabling this item for further research and consideration
effort to identify a funding source. Shanklin asked the number of citizens wanting to tie on to
this line at the current time. Ihler said they requested to tap this main with an 8 water
the dentist office and the church would tap that line on the south side. Ihler said this requested
8 water line should not be tied into any housing addition which would cause cross connection of
water lines and said interconnecting would cause the water to go to where the demand was and
water from the checkered tower would feed west Lawton instead of the Industrial Park. Ihler
said one fear was the more this line was tapped the greater the potential for water leaks.
Bass asked to hear from the individuals requesting this line be installed.
Chris Stephens, Pastor, Dayspring Community Church, said his willingness is to participate
position that is fair and right to work with the City and the intent was to tap the water line the
citizens of Lawton own on the north side of Cache Road and pay the necessary fees required and
later had discovered the City does not desire further taps on that particular line. Bass said
City did not have the funds to construct a new water line and asked how the church planned to
participate in the cost of the construction of a new water line. Stephens was unable to commit
cost sharing for the construction of the new water line. Bass suggested this item be tabled and
asked Stephens be prepared to bring his participation suggestions back at a later meeting.
MOVED by Bass, to table this item pending research and further review.
Jim Easton, said he had planned a housing development on 300 acres of the property at
location and said there was an available water line coming across the property, but to grid and
loop water lines around he needed water to come in from the north side in order to do what is
necessary. Easton said it was disheartening to know water was available, but not really available,
and felt if lines were not available to the development, the City should provide a line that would
be available. Easton said he was prepared to assist in the construction of the new line as best
could be expected.
Ewing-Holmstrom asked the line footage of the requested water line and what the projected
would be for construction. Ihler said in the beginning the footage was estimated at 2,200 feet
and had been increased to 4,000 feet to the cemetery, and at 4,000 feet, using figures from the
past bids of 12 water line, would cost somewhere around $120,000.00 if bid by the City;
however, if the developers constructed the line and the City participated, the cost would be less.
Ihler said another thing to consider, where major arterials were being widened, the City is
finding they had to relocate water lines and whatever size and material placed in the ground the
City only had a 33 foot statutory right-of-way, so another part of negotiations on this
construction should be the consideration of right-of-way to install a new water line and said PVC
pipe is expected to last one hundred years, and in the future when Cache Road needs to be
widened, the City does not want to be out the expense of relocating this new water line.
Mayor Powell asked if these four representatives own all the frontage where the water
be placed. Patton said he did not know the owners of this frontage and said there would be a lot
of development in this area and these are just the first of many to come to the City making their
request and said the City should find a way to solve this issue to ensure future development.
Ihler said another issue was the amount of water being taken away from the Industrial Park.
Jones said the Wolfe family owned substantial frontage in this location and Mayhall
no decision be made at this meeting that would force his client to give right-of-way without
knowing the exact purpose. Jones said property owners could be identified on the frontage and
letters would be sent notifying them of the intent.
Bass asked Ihler if there was a current provision in the Code restricting the high pressure
from being tapped. Ihler was not aware of any restrictions.
Devine said he agreed with Engineering not to tap the high pressure line but said an
to be agreed upon to install a main along the south side of Cache Road eliminating the need to
tap the high pressure line.
SECOND by Devine, to table this item for further research and review.
VOTE ON MOTION: AYE: Bass, Hanna, Devine, Ewing-Holmstrom, Patton, Haywood,
Warren, Shanklin. NAY: None. MOTION CARRIED.
Ihler said when this was considered for the dentist and the church the 12 was
needed to provide
fire flow and said Engineering would put on the model and look at what needed to be done to
loop a complete system for a housing development and a line size would be determined at that
10. Consider accepting water and sewer improvements, a utility
easement, and maintenance
bonds for Lowe s Home Center at NW 47
th Street and Cache Road. Exhibits: Location Map.
Easement and Maintenance Bonds on file in City Clerk s Office.
Bass asked for clarification on the street of the location of Lowe s. The
correct street is 47
Street. An error was made by the Acting City Clerk on the original agenda and was corrected the
MOVED by Bass, SECOND by Warren, to approve item 10 as corrected. AYE: Devine, Ewing-Holmstrom,
Shanklin, Patton, Haywood, Warren, Bass. NAY: None. OUT: Hanna. MOTION
11. Consider approving the construction plat for Silver Creek
Patio Homes Addition. Exhibits:
12. Consider entering into agreements with Christian Family Counseling
Center, Inc., and
Hospice of Lawton Area, Inc., to carry out CDBG projects authorized in the City of Lawton
Consolidated One-Year Action Plan for FFY 2003 (July 1, 2003 thru June 230, 2004) and
authorizing the Mayor and City Clerk to execute the agreements. Exhibits: None. The
Consolidated One-Year Action Plan and the agreements are on file in the City Clerk's Office.
13. Consider approving an agreement with the Northside Chamber
of Commerce, Inc. to
conduct the Minority Small Business Development Project authorized by the Lawton City
Council on April 26, 2003, and authorize the Mayor and City Clerk to execute the agreement.
Exhibits: None. The Consolidated One-Year Action Plan for FFY 2003 is on file in the City
14. Consider ratifying the action of the City Attorney and City
Manager in not making an
appeal in the Workers Compensation case of N. Joan Bias in the Workers Compensation
Court, Case No. 2003-05545-X. Exhibits: None.
15. Consider approving the following contract extensions: Cellular
Telephone Service (CL03-029) with US Cellular; Rental Equipment (CL02-026) with CL Boyd Company, Inc.,
Hydraulic Root Saws (CL02-021) with Sewer Equipment Company of America.
16. Consider awarding contract for Pavilion (CL04-012).
Vincent said items 12, 13, and 16, involved CDBG funds of which Haywood could not vote.
MOVED by Devine, SECOND by Patton, to approve items 12, 13, and 16. AYE: Devine,
Ewing-Holmstrom, Shanklin, Patton, Warren, Bass. NAY: None. OUT: Hanna. ABSTAIN:
17. Consider appointments to boards and commissions. Exhibits:
Memorandum - Parks &
Recreation Commission - Lisa Robinson and Joanne Gaasbeck; Lawton City (Municipal)
Planning Commission (CPC) - David Denham.
18. Consider approval of payroll for the period of September
1 to September 14, 2003.
19. Consider approval of Minutes of September 3, 2003, Special
Council Meeting and
September 9, 2003, Regular Council Meeting.
OLD BUSINESS ITEM:
20. Hold public hearings and adopt resolutions declaring the
1739 NW Ferris
Avenue to be dilapidated and dangerous, thus causing a blighting influence on the community
and detrimental to the public's health and safety. Authorize the City Attorney to initiate legal
action declaring a public nuisance in District Court and Neighborhood Services to solicit bids to
raze and remove structures, if appropriate. Exhibits: Resolution No. 03-_____. Summary
documents with supporting photos, reports from the Fire Marshal, Housing Inspectors, and case
history are available from Neighborhood Services.
Tom Aplin, Housing and Community Director, said the owner of this property was not available
for consideration tonight and asked it be tabled for two weeks. Mitchell said he received a call
from the owner who said he was interested in remodeling the property.
MOVED by Devine, SECOND by Shanklin, to table this item indefinitely.
Vincent said an agenda item would have to be brought back at direction of the entire
consideration at a later date.
VOTE ON MOTION: AYE: Ewing-Holmstrom, Shanklin, Patton, Haywood, Warren, Bass,
Devine. NAY: None. OUT: Hanna. MOTION CARRIED.
21. Consider the Consolidated Annual Performance and Evaluation
Report (CAPER) for
Federal Fiscal Year (FFY)2002, receive a briefing on the CAPER, hold a public hearing to
receive input from citizens, consider the CAPER, and approve the report for submission to HUD.
Exhibits: None. The CAPER is on file in the City Clerk's Office.
Tom Aplin, Housing and Community Director, presented a slide show reflecting receipts
expenditures of the Consolidated Annual Performance and Evaluation Report regarding the
CDBG Programs, activities, and completed projects; Economic Development Activities; CDBG
Housing Activities; CDBG Financial Summaries; HUD s performance criteria; Home Investing
Partnership Program; Home Housing Activities; Home Report; Home Performance Criteria; and
the Overall Assessment and Evaluation of the Community Development Projects. Due to HUD
criteria of the CAPER, this in-depth report was necessary on an annual basis. Aplin said the
department was well within the HUD guidelines on completion of this CAPER.
Devine requested an itemized listing of approved institutes who received CDBG and HOME
funds and said this list should include the amount of money awarded, and how the money was
expended in their program. He said this itemized list would help acknowledge the expenditures
being discussed in the CAPER report. Aplin said part of the submission of the entity request is
an itemized statement of expected expenditures of the funds, he had not presented them to
Council during the CAPER report but would be glad to do so in the next fiscal year. Hanna said
he thought this request had been made in the past. Aplin requested more resolution on this
request and said he could provide documentation of fund expenditures before more money was
requested. Aplin said 70 percent of CDBG funds had to be expended on low to moderate income
Aplin said funds were already committed, the services had already been performed and
entities operated through the end of the year then after July 1, claims were received for payment
for services provided before the end of the year.
Aplin said during this program year Lawton was within a County that was declared a disaster
area by the Federal Government and were given a 100 percent exemption from any match
payments for that program year and had also been given a 100 percent match exemption for the
current fiscal year of FFY 2003 and FFY 2004, so this program had a lot of match banked that
won t be used for the next few years.
Aplin said all funds had been committed through FFY 2001 which met HUD requirements
committing within two years. The second requirement was funds be expended within a five year
period and were being expended from FFY 2001 and all prior year funds had been expended well
within HUD s expenditure requirements. Aplin asked Council to hold a public hearing for those
wishing to speak on the CAPER and asked Council consider approving the CAPER as presented.
PUBLIC HEARING OPENED.
Attey Smith, Lawton View Neighborhood, said she thought some of this money would be
served by distributing it to property owners who could renovate and bring their property up to
code as the City required saying this would make for a better Lawton and would give property
owners initiative to upgrade.
PUBLIC HEARING CLOSED.
MOVED by Hanna, SECOND by Bass, to approve the joint report (CAPER). AYE: Shanklin,
Patton, Warren, Bass, Hanna, Devine, Ewing-Holmstrom. NAY: None. ABSTAIN: Haywood.
22. Consider awarding a contract for Property Insurance to Towe,
Hester & Erwin, Inc.
Exhibits: Vendors mailing list and Property Loss Experience. Bid review documents and
contract on file in Financial Services.
Rick Endicott, Finance Director, said the City advertised for bids for property insurance
2003 and received one bid from Towe, Hester and Irwin, of $154,211 for City property and
$7,267 for Airport property, based on a $10,000 All Perils deductible and a $25,000 Wind/Hail
deductible. Endicott said the total bid was $161,000. The current budget amount
was set at
$140,000 and since the bid amount was over the budgeted amount for the year, Endicott
scheduled a meeting with Keith Erwin, Towe, Hester and Erwin, to review cost saving options
for the City.
Endicott said several options were considered and the best possible option at this time
Option 2; if the City chooses to raise the Wind/Hail deductible to $35,000 the premium would be
$144,387 for the City and $6,804 for the Airport for a total savings over of $10,287. The City
currently has a $2,400 credit balance with Towe, Hester & Erwin, Inc., which would reduce the
City s portion to $141,987. Staff recommendation is to accept Option 2.
Devine asked why the City would consider raising the deductible in the Wind/Hail portion
policy as this is the area where SW Oklahoma is hit the hardest. Endicott said the Underwriter
was not interested in raising the deductible on the All Perils portion of the policy but was willing
to increase the deductible in the Wind/Hail portion. Devine said insurance was a gamble.
Endicott said the deductible was paid per occurrence.
Bass said because the deductible is paid per occurrence it was evident in May 27, 2001,
came out ahead in this incident. Patton said in all the years the City makes it through without
occurrence, the City had won the gamble. Mayor asked why other insurance agents were not
bidding on this item. Endicott said he felt insurance companies had a hard time getting
underwriters to cover municipal policies and said only one bidder did bother him, but bidding
was out of his control. Endicott said the City s insurance policy expired September 22,
midnight and there was no grace period on this policy, but the City is covered at the present time.
Mitchell said staff recommendation was to approve Option 2 for the current year and during the
next year reevaluate the City s property, make an assessment, and determine how insurance
could be amended.
Patton said the deductible is a gamble, pay now or pay later, and said the City should
go with the
higher deductible and hope nothing happened, and if something did happen the City would have
to pay the additional deductible.
MOVED by Patton, SECOND by Warren, approve Option 2. AYE: Patton, Haywood, Warren,
Bass, Hanna, Devine, Ewing-Holmstrom, Shanklin. NAY: None. MOTION CARRIED.
23. Consider a request from the Lawton Weed and Seed Steering
Committee to assume the
responsibilities of the fiscal agent for the Department of Justice Weed and Seed Grant funds for
FY 2003. Exhibits: Letter from Taylor Stein, Chairman, Weed & Seed Steering Committee;
Letter from Louise Lucas, U.S. Department of Justice; Federal Requirements for Weed & Seed
Program; and Memorandum from Tom Aplin, Housing & Community Development.
Larry Mitchell, City Manager, said the Lawton Weed and Seed Steering Committee met on
Monday, September 15, 2003, to review a management audit letter issued September 5
th by the
Washington Executive Office of Weed and Seed. The letter signed by Louise S. Lucas, Program
Manager, stated that Lawton s 2003-WO426-OK-WS application would remain on hold
pending the Steering Committee s response to the seven management audit recommendations
the Steering Committee had to reach prior to the release of their current application and without
the release of funds ($275,000) requested in the pending application, the Lawton Weed and Seed
Program would close on September 30th.
Mitchell said the requirement was for the Steering Committee to change the local programs
agent and after consideration, the Steering Committee unanimously passed a motion requesting
the City of Lawton entertain the idea of assuming the fiscal agent responsibilities for the coming
Mitchell said he had reviewed the standard assurances and financial monitoring requirements
the Weed and Seed Program and found them to be similar to the grant requirements for the City
s CDBG and Housing Programs and had spoken to Ms. Lucas about the Department of Justice
application process which she assured him that her office would do whatever was necessary to
help and assist the City during the transition period.
Mitchell distributed a letter from the Lawton Housing Authority offering their assistance
Weed and Seed and to the City of Lawton and said it was possible for the City to review an
option of contracting with the Lawton Housing Authority or similar agency to act as a contract
agent for the grant year starting October 1, 2003.
Mitchell said Chief Thorne could give additional information as he was a current board
Thorne said the program had been very helpful to the City and he would like to see the program
continue once the issues had been reconciled. Shanklin asked Thorne if he could see controversy
with the Lawton Housing Authority contracting as an agent. Thorne did not see a problem with
that option. Shanklin said it should be contracted to the Lawton Housing Authority as they had
called to offer their assistance and said the City did not have time to handle it.
Rick Romain, Law Enforcement Coordinator for the US Attorney s Office Western
Oklahoma, addressed the Mayor and Council and said the efforts of Lawton had been very
successful while working with Chief Thorne in providing services with the Weed and Seed
strategy and looked for continued success. Romain said the idea of having the police department
work with the citizens made the efforts more productive and said there was extensive work in the
program. Romain said the City would have to make the final decision on management of the
Pat Paige, Program Director of the Lawton Outreach Center and the Weed and Seed Project,
2502 NW Sheridan Road, said since conception the Lawton Outreach Center had strived to bring
awareness to the Weed and Seed Project to the Lawton community and had contacted a number
of agencies and people to bring about a change to targeted neighborhoods saying for the past four
years, the Lawton Outreach Center had brought to the City over one million dollars and were
very happy with their success. Paige addressed the seven recommendations and said the Lawton
Outreach Center was the fiscal agent for Weed and Seed saying she was the program director and
the project director and said the Steering Committee oversaw the project and made decisions on
where the funding was expended in the Weed and Seed Project. Paige thanked the City for their
continued efforts and assistance in this project.
Haywood requested clarification on the sub-contracting of this project. Vincent
said the City
could contract this agency but would have to develop a contract between the City of Lawton and
the Lawton Housing Authority to assume all or part of some portion of the responsibilities the
City would gain as the fiscal agent.
Paige said the Steering Committee could discuss changes to be made or recommendations
considered and they are involved in working with the Weed and Seed Committee, but if other
agencies had not been involved, said the transition period would be harder.
MOVED by Haywood, SECOND by Shanklin, that the City of Lawton accept the responsibility
of being the local program fiscal agent for Weed and Seed and also sub-contract with the Lawton
Housing Authority. AYE: Haywood, Warren, Bass, Hanna, Devine, Ewing-Holmstrom,
Shanklin, Patton. NAY: None. MOTION CARRIED.
ADDENDUM BUSINESS ITEM:
1. Discuss the number of fire protection employees stationed
at the Lawton-Fort Sill Regional
Airport and at Fire Station Number 2. Exhibits: Memorandum from Fire Chief, Bart Hadley;
Email from Chief Hadley and Omar Villafranca dated September 09, 2003; and Memo from
Barbara Whittington, Airport Manager, dated September 10, 2003.
Haywood said the Lawton-Fort Sill Regional Airport, Fire Station Number 2 a recommendation
had been considered to cut one fire personnel and instead of having two fire personnel at the
airport station there would only be one and said airport personnel, board chairman, and others
were present to speak.
Bass requested clarification on the decision to cut staff within the Fire Department
at the airport.
Bart Hadley, Fire Chief, said for years the fire department worked with an understood
that a minimum of two ARFF personnel, Aircraft Rescue Firefighting, assigned to the airport
station 24/7 are dedicated to the airport only. Hadley said his investigation showed according
the index CFR 14-139 the fire department was allowed to go down to one fire fighter dedicated
to the airport station 24/7 and once the cuts were placed on the fire department levels of service
would become lower.
Hadley said fewer alarms were received at this station than in the other structural
site at other
stations. Hadley said it seemed most feasible to implement the cut at the airport station. Hadley
said a unit would be dispatched from the Central Fire Station to assist in the event only one
fireman was in-house at the airport station but added there were fire personnel stationed at the
airport along side the ARFF unit, Station 2-a structural unit, and there are four people assigned to
this station, and the staff on this truck never fail below three personnel. Hadley said
approximately 75% of the time the unit assigned to Station 2, is in the station with the airport
truck and these crews respond together and about 30% of the time the airport personnel have
received calls while the Station 2 structural unit was out responding to a residential call at which
time the airport unit would only have one personnel. In this case, a backup unit from Central
Fire station would be dispatched and should respond within five minutes.
Ewing-Holmstrom asked why this issue was coming up. Hadley said he was very close
implementing cuts at the airport and had been covering the previous cuts through retirement and
attrition. Hadley said the airport station reduced public safety and fire fighter safety the least
within the department. Ewing-Holmstrom said boosts had been made to fly Lawton and bring
people into Lawton and to reduce fire personnel at the airport station would be detrimental to the
well being of Lawton. Hadley said this was the lesser of the evils he had to implement and was
not in favor of cuts to the fire department but once issued he had to determine where to
Hadley said this station had one crew of two fireman respond by themselves from this
30% of the time while backup was on the way and this cut would reduce that truck to one person
which would mean this person would respond by himself until a backup could arrive. Shanklin
asked if this was a cut knowing sooner or later the position would have to be filled and asked if
there were other cuts that could have been considered.
Juan Rodriquez, President of the Lawton Firefighters Union, spoke against this cut in
all forms of
comparison of firefighters and said they were at a minimum in all aspects. Rodriquez said this
ARFF vehicle could provide no rescue efforts in the event of an airline crash if only manned by
one person and said people would be on a plane if it crashes. Rodriquez said the tolerance for
risk, in his opinion, was getting dangerous for the citizens and asked staff to reconsider.
Warren asked if this cut was being proposed in lieu of loosing a ladder truck that was
in the past. Mitchell said during budget discussion it was decided to reduce manning by seven
nine positions and the way to implement that was to reassign the manpower to the engine
companies and Fire Chief said he would have to reassign the equipment. Council agreed not to
reduce manning by seven or nine, but to reduce it by two and at that time those reductions could
be absorbed through retirement.
Dorice Shanklin, Chairperson-Lawton Metropolitan Airport Authority, said this ARFF crew
special training and were more equipped to work an aircraft fire than just any other fireman and
to pull another unit without the proper training was detrimental to health and safety.
Barbara Whittington, Manager-Lawton Fort Sill Airport, referenced CFR Part 139, Regulations
to operate the airport and standards of the firefighter, and said page four listed the detailed
training required for ARFF fireman, and page five stated sufficient rescue and firefighting
personnel be available during air carrier operations to operate the vehicle, to meet the response
time, to meet the minimum aid and discharge rates required by this part and this section leaves it
up to the airport operator, the certificate holder, to decide what the sufficient staffing level
should be. Whittington said this airport had been having large aircraft land and take off from
Lawton with the movement of the troops and on most occasions when such large aircraft was
scheduled to arrive, the aircraft company called ahead of time and requested the index of the
aircraft rescue and firefighting level be increased to index speed which could be done with the
current staffing level and available equipment.
Devine said the big campaign was to Fly Lawton and this airport was being
used for military
troop movement and said the response time would be lengthy and if the City did not provide
adequate rescue levels, these flights would pull out of Lawton. Whittington said other air carriers
would divert their route away from Lawton if rescue and fire coverage was not adequate. Beller
said the airport was committed to a three minute response time as required by FAA. Beller said
the ARFF crew was the only crew qualified for the initial response during an aircraft fire. Beller
said the staffing level needed to remain the same.
Patton asked what the next available option was in this consideration. Hadley
said the next
available option would be to cut a firefighter from a structural rig at a busier station and reduce
to a three man company.
Bass said the safety and risk level at the airport seemed to be detrimental and with
this being the
only option presented to Council asked if this was a method for Council to have to increase the
staffing level at a later date. Hadley said the majority of serious incidents happened within
Lawton area and not at the airport and his duty was to protect public safety and from that
standpoint there was no doubt if one person was on the airport, and in all the worse scenarios
during a plane crash, this cut would create major problems. But from the public safety aspect
said there were more public safety issues within the city everyday and reducing the firefighter
from the structural site reduced public safety more than reducing it at the airport. Hadley said
budget discussions had considered many options if reductions were needed within the fire
Ewing-Holmstrom did not feel comfortable with decreasing the number of public safety
employees. She said these issues continue to come up and suggested a task force and sub-committee
be put together to discuss these issues offsite and look at avenues of public safety.
Mitchell said this issue was coming up all over the nation and was not isolated to the City of
Lawton. He said the City of New York had to layoff 12,000 police officers and said Lawton was
not unique in this situation. Mitchell said he would honor her request and would work with a
sub-committee to research financing.
Haywood asked the number of ARFF personnel of the fire department. Hadley said
three shifts of two ARFF personnel dedicated full time and said the other three or four employees
located at Station 2 were also ARFF certified and they were fresh in both sides of the job.
Hadley said grant money had been received for structural repair at Station 2. Haywood said
preferred to see two employees dedicated to the airport at all times.
Mayor said this item had been prepared as a discussion only and would research if action
Warren requested clarification from Hadley, if the airport crew is cut to one employee
gets a call, he cannot respond until he gets backup; however, if one man is cut from a ladder
truck, that truck could still run on the fire being one man short. Hadley said if a cut was made
any other station, the overtime cost would increase.
Hanna said if you take a man off of one truck could a crew be dispatched from another
and leave the crew at the airport.
Vincent said the title is to discuss the number of fire protection employees and since
discussion had been completed, Council could provide direction to the City Manager. Shanklin
provided direction to the City Manager to find a way to keep the airport staff for reasons
discussed and bring back a proposal.
MOVED by Shanklin, SECOND by Haywood, to provide direction to the City Manager to
research and find a way to keep the airport staff. AYE: Warren, Bass, Hanna, Devine, Ewing-Holmstrom,
Shanklin, Patton, Haywood. NAY: None. MOTION CARRIED.
REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER
Haywood said Perkins, a College Football Player, was from the Lawton View neighborhood
is to be commended for his academic accomplishments as well as his sports accomplishments.
Haywood also announced Cameron University would host a college football game between
Langston University and Texas on October 11 at 4:00 p.m.
Patton announced the Lawton Public School Foundation fundraiser of an all-you-can-eat
breakfast at Golden Corral from 6:30 a.m. to 9:00 a.m. on September 26, 2003.
Shanklin commended a group of volunteers from Public Works Divisions of Street and Solid
Waste clearing alleys. Shanklin requested the City Manager review a cost and method of
clearing dead trees for two employees and possibly add those charges to the water bill saying the
City s equipment was being protected by removing low hanging limbs. Shanklin said the
intersection of 11
th and F is soon to be the worst in the State of Oklahoma and said the timing of
the lights on 11th Street needed to be adjusted.
Ewing-Holmstrom said the Cops and Kids Picnic on Saturday was a huge success saying
year it just gets bigger and better. She thanked the police department, officers, staff, spouses
requested everyone try to attend next year. Ewing-Holmstrom congratulated the Lawton City
Champs, MacArthur High School, and said this was a long time in coming.
Mitchell reminded Council who had signed up for National League of Cities to complete
registration for the trip and said he may need to schedule a brief Special Council Meeting to
consider an amendment to the Fort Sill water contract.
Mayor announced the State Motorcycle Convention would be held in Lawton this weekend
said this would be a boost for Lawton s economic development hosting 5,000 biker guests.
Powell introduced the Lawton International Festival at the Library Plaza with kickoff Friday
evening September 26, 2003 at 6:00 p.m.
24. Pursuant to Section 307B.2, Title 25, Oklahoma Statutes,
consider convening in executive
session to discuss negotiations for a Collective Bargaining Agreement for FY 2003-2004 and
terms and conditions of employment between the Firefighters Union, IAFF, Local 1882, and the
City of Lawton, and if necessary, take appropriate action in open session. Exhibits: None.
25. Pursuant to Section 307B.1, Title 25, Oklahoma Statutes,
consider convening in executive
session to evaluate the performance and proposed work plan of Larry Mitchell, City Manager.
Exhibits: None. Memorandum and Proposed Performance Evaluation and Goal-Setting
Procedure documents submitted to Mayor and Council
26. Pursuant to Section 307B1, Title 25, Oklahoma Statutes, consider
convening in executive
session to discuss the election of a City Clerk, and in open session take any necessary action.
MOVED by Warren, SECOND by Patton, to convene in executive session as shown on the
agenda and as recommended by the legal staff. AYE: Bass, Devine, Ewing-Holmstrom,
Shanklin, Patton, Haywood, Warren. NAY: None. OUT: Hanna. MOTION CARRIED.
The Mayor and Council convened in executive session at 8:55 p.m. and reconvened in regular,
open session at 10:00 p.m. with roll call reflecting all members present.
Vincent reported on Item 24 by reading the agenda item title and stated executive session
held to discuss negotiations for a Collective Bargaining Agreement for FY 2003-2004 and terms
and conditions of employment between the Firefighters Union, IAFF, Local 1882, and the City of
Lawton, and no action was required.
Mayor Powell reported on Item 25 by reading the agenda item title and stated executive
was held to discuss the evaluation, performance and proposed work plan of Larry Mitchell, City
Manager and no action was required.
Vincent reported on Item 26 by reading the agenda item title and stating executive session
held to discuss the election of a City Clerk and said Council had the option to make a motion in
MOVED by Devine, SECOND by Warren, to resubmit for applications for the position of City
Clerk. AYE: Patton, Warren, Bass, Devine, Ewing-Holmstrom. NAY: Shanklin, Haywood,
Hanna. MOTION CARRIED.
There being no further business to consider, the meeting adjourned at 10:00 p.m. upon
second and roll call vote.