Month 2005-10 October
Meeting of 2005-10-11 Regular Meeting
LAWTON CITY COUNCIL REGULAR MEETING
OCTOBER 11, 2005 - 6:00 P.M.
WAYNE GILLEY CITY HALL COUNCIL CHAMBER
Mayor John P. Purcell, Jr. Also Present:
Mitchell, City Manager
Vincent, City Attorney
Hushbeck, City Clerk
Sonny Uberti, Fort Sill Liaison
Mayor Purcell called the meeting to order at 6:04 p.m. Notice of meeting and agenda
on the City Hall notice board as required by law. Invocation was given by the Pastor Dean
Robinson, Bethel Baptist Church, followed by the Pledge of Allegiance.
Shoemate, Ward One
Rex Givens, Ward Two
Drewry, Ward Three
Jackson, Ward Four
Robert Shanklin, Ward Five
Jeffrey Patton, Ward Six
Haywood, Ward Seven
Warren, Ward Eight
PROCLAMATION FOR FIRE PREVENTION WEEK.
Mayor Purcell proclaimed October 9-15, 2005 as Fire Prevention Week. The proclamation
signed by Mayor Purcell, COL Uberti, Lawton Fire Chief Bart Hadley and Fort Sill Fire Chief
PROCLAMATION FOR LIGHTS ON AFTER SCHOOL DAY.
Mayor Purcell proclaimed October 20
th as Lights on After School Day and presented the
proclamation to Martha McCartney and Kathy Dettiway. This proclamation promotes high
quality and innovative after school programs and activities.
PROCLAMATION FOR NATIONAL ARTS & HUMANITIES MONTH.
Mayor Purcell proclaimed the month of October as National Arts and Humanities Month.
presented the proclamation to members of the Arts and Humanities Council. Tony Pokorny,
Chairman of the Arts and Humanities Council, thanked the City Council for their support of the
AUDIENCE PARTICIPATION: None
CONSIDER APPROVAL OF MINUTES OF LAWTON CITY COUNCIL MEETING OF
SEPTEMBER 13, 2005.
MOVED by Warren, SECOND by Patton, to approve the Minutes of September 13, 2005. AYE:
Jackson, Shanklin, Patton, Haywood, Warren, Shoemate, Givens, Drewry. NAY: None.
CONSENT AGENDA: Mayor Purcell requested items 6, 7, 17 and 21 be considered
Councilmember Haywood requested item #2, Jackson requested #15 and Warren requested #1
be considered separately.
MOVED by Warren, SECOND by Haywod, to approve the Consent Agenda items as
recommended with the exception of items 1, 2, 6, 7, 15, 17, and 21. AYE: Shanklin, Patton,
Haywood, Warren, Shoemate, Givens, Drewry, Jackson. NAY: None. MOTION CARRIED.
1. Consider the following damage claim recommended for approval
and consider passage of
any resolution authorizing the City Attorney to file a friendly suit for the claim which is over
400.00: Nona & Johnny Brown in the amount of $450.00. Exhibits: Legal
Opinion/Recommendation; Resolution No. 05-___.
Warren stated this citizen had a vehicle that would get him from point A to point
B. A wheel fell
off of a city vehicle and struck their car. The lowest estimate to repair their car is $955.00.
Legal staff recommends paying $450 because that is the blue book value of their car. He
recommend that we pay the full $955 or provide them with a vehicle. They had one before they
were hit and they are not going to replace it for $450.
MOVED by Warren, SECOND by Shoemate, to adopt Resolution No. 05-169 approving the
claim of Nona and Johnny Brown in the adjusted amount of $955.00. AYE: Patton,
Warren, Shoemate, Givens, Drewry, Jackson, Shanklin. NAY: None. MOTION CARRIED.
2. Consider the following damage claims recommended for denial: Willie F. Russell in the
amount of $1,050.00, Billy & Linda Cummings in the amount of $1,500.00. Exhibits: Legal
Haywood stated that Mr. Russell is in attendance and would like to address the City
Willie Russell, 502 Summit, stated he had a problem with the officer and the reporting
stolen car. He bought the car in April of this year for $1050.00. The car has been stolen
The first time it was stolen it was brought right back to him with the title in the
compartment. This time he could not find the car for two months. He had the title but it
been transferred, but it was proof of ownership. The police could not find the car in the
impoundment records or the computer. He finally found the car at Corley s Garage and it
sold for $492.00. He feels the police are liable for the expense of getting his car back.
Vincent stated the issue is that Mr. Russell has never been able to provide his staff
with proof of
ownership, therefore by state law they cannot release the car. The car can only be released to
registered owner of the vehicle. Vincent stated Mr. Russell is not a proper claimant without
proof of ownership.
Shoemate questioned if Mr. Russell had a bill of sale for the car.
Mr. Russell stated that the person who sold him the car was not notified of the car
the second time.
Haywood questioned if Mr. Russell had a title.
Vincent stated the title was never transferred into Mr. Russell s name. The
car has been sold.
The impound company is suppose to notify the registered owner when the car is impounded.
Chief Ronnie Smith, Lawton Police Department, stated by policy, a letter is sent
to the registered
owner on the title.
Patton questioned how long a person has to transfer the title.
Vincent stated a person has thirty days from the date the car is purchased to transfer
Patton questioned if the titleholder is sent a certified letter from the police department.
Chief Smith stated it is sent in regular mail.
Vincent stated as far as everyone is concerned, the person who sold the car to Mr.
Russell is still
considered the owner.
Mr. Russell stated the previous owner never received a letter the second time the
car was stolen.
MOVED by Haywood, SECOND by Warren, to table the claim of Willie F. Russell. AYE:
Haywood, Warren, Shoemate, Givens, Drewry, Jackson, Shanklin, Patton. NAY: None.
MOVED by Warren, SECOND by Haywood, to deny the claim of Billy and Linda Cummings.
AYE: Warren, Shoemate, Givens, Drewry, Jackson, Shanklin, Patton, Haywood. NAY:
Mayor Purcell requested that item #17 be discussed.
17. Consider accepting the donation of a trained police dog. Exhibits: Memorandum of
Understanding reference donation of Major, a police dog.
Chief Smith stated that Detective Shucker has previously donated a dog to the Lawton
Department. That dog Oakley has recently been retired and Detective Shucker would
donate another dog Major.
Detective David Shucker, Lawton Police Department, present his new canine named Major. His
former dog, Oakley, spent 8 ½ years of service with the police department and seized
approximately $4.2 million dollars worth of drugs and narcotics. Knowing Oakley would soon
retire, Detective Shucker spent the last year looking for a dog to replace her. Major comes from
a group called Paws for Cause out of Michigan. He was originally donated to be an assistance
dog, but he had a little too much spirit to become a guide dog. He has been through about 210
hours of training. He is certified by CLEET as a narcotics detection dog. Detective Shucker
stated he would like to donate Major to the City of Lawton to serve as his partner.
Mayor Purcell thanked Detective Shucker and expressed appreciation for his hard work
contribution to the city.
Shanklin quested why he went to Michigan to get the dog.
Shucker stated the organization from Michigan called him because they felt he would
be a good
police dog. He has traded dogs with this organization in the past.
Shucker also introduced Speedy, a new patrol dog who was purchased with donated funds
Mr. Bob Williams.
MOVED by Drewry, SECOND by Shoemate, to accept the donation of a trained police dog.
AYE: Shoemate, Givens, Drewry, Jackson, Shanklin, Patton, Haywood, Warren. NAY: None.
Mayor Purcell requested that item #6 be discussed.
6. Consider approving a Resolution amending Resolution 04-56
by providing for additional
members and clarifying the duration of the Lawton Base Realignment and Closure Committee.
Exhibits: Resolution No. 05-___.
Mayor Purcell stated there has been some confusion as to what was written. A
year and a half
ago the City Council created a commission of eleven members to work on BRAC issues. He
stated they deliberately kept it small up until the time the BRAC announcement was made. At
that time, six additional members were added. Most are ex-officio members. The six members
were added, but the resolution creating the committee was never changed. A group who visited
Lawton from the Department of Defense suggested they include the Mayor of Geronimo and a
member to represent the Native American lands. He contacted Mayor Burdick from Geronimo
who agreed to serve and he asked Councilmember Shoemate to represent the Native American
land. This new resolution will have nineteen members representing the entire community.
Jackson stated that he feels there should be an additional Council member on this
Mayor Purcell stated there are already two members of the council on the committee,
City Manager and the Mayor.
Shanklin questioned who was the group that made these suggestions.
Mayor Purcell stated members of the Office of Economic Assistance that provides funding
communities that are losing and gaining people because of BRAC. Lawton was the first
community they visited that will be gaining people. They were excited that we had the BRAC
committee in place. The BRAC committee does not make any decisions that do not first come to
the City Council.
Shanklin questioned who chaired the committee.
Mayor Purcell stated he does.
Shanklin stated he does not have a problem adding a City Councilor to the committee
represent 95% of the people in the county.
MOVED by Jackson, SECOND by Shanklin, to approve Resolution 05-170 and amend to
include an additional City Council member. AYE: Givens, Drewry, Jackson, Shanklin, Patton,
Haywood, Warren, Shoemate. NAY: None. MOTION CARRIED.
Mayor Purcell stated he would bring a recommended appointment before the City Council
Mayor Purcell requested that item #21 be discussed because it is a companion to item
appoints Mayor Burdick and Bill Shoemate to the BRAC Committee.
21. Consider approving appointments to boards and commissions. Exhibits: None
MOVED by Warren, SECOND by Drewry , to approve the appointment of persons to boards and
commissions. AYE: Drewry, Jackson, Shanklin, Patton, Haywood, Warren, Givens. NAY:
None. ABSTAIN: Shoemate. MOTION CARRIED.
3. Consider authorizing the City Attorney to accept the sum
of Fifteen Thousand Ten and
02/100 Dollars ($15,010.02) for settlement of the City s subrogation interest in the personal
injury case of Jason P. Hamilton. Exhibits: None.
4. Consider approving a promissory note executed by Dorothy
Anthony in favor of the City
obligating her to pay for damages to City property and authorize the Mayor to execute the note.
Exhibits: Promissory Note.
5. Consider declaring a 1 ½ acre tract of land located
in part of the Northwest Quarter of
Section 31, Township 4 North, Range 12 West as surplus property, and authorize it to be sold at
public auction and set a minimum bid of $750.00. Exhibits: Request letter and Location
7. Consider approving a resolution approving and supporting
the efforts of Fort Sill and Land
Legacy to create a buffer zone around the perimeter of Fort Sill. Exhibits: Resolution No. 05-___
and Buffer Zone map.
Mitchell stated that in July the City Council approved two applications for submission
Strategic Military Planning Commission and CCIDA for grant money that would assist us in
matching federal dollars. The State Planning Commission approved our application for $225,000
and he anticipates that on November 8
th the CCID Board will also approve our application for
$150,000. Those local monies will then match U.S. Army Corp money which may be around
$900,000. The defense budget in Congress right now has a line item of $20 million to go to a
project similar to this. We submitted a letter in early August requesting $4 million. We
potential over the next 90-120 days of having a $5-6 million budget to use to acquire these
conservation easements. This project is an officially approved conservation buffer program
through the Department of the Army called ACUB which is the Army Compatible Use Buffer
Project. Before the City Council is a resolution that reaffirms the City s commitment to
acquiring the conservation easements around Fort Sill, but also restricting development within
those boundaries. Fort Sill s priority right now is Buffers #1 and #2. The first priority
is to limit
density development within those boundaries and restrict or discourage residential development.
The primary concern is noise that occurs in or around this type of operation and the actual
explosion of shells. We need to give Fort Sill the ability to grow.
Jackson stated there are some citizens who want to speak on this issue.
Mitchell distributed a map from Land Legacy which showed the property ownerships
area #2. A large portion of the property is State School Land property. If the City Council
adopts the resolution, this will limit residential development within those buffer zones.
Jackson stated that all the way around the entire perimeter of Fort Sill there is
a ½ mile buffer,
but in the one area in East Lawton it is a one-mile buffer. He is concerned why there is a
difference. That south side of this particular area is requested to be developed. He stated it
prime piece of developed property and he is concerned with taking it out of development.
Mayor Purcell stated the reason there is only a one half mile in Buffer #1 is because
unfortunately thirty years ago this was not done and everything has developed up to that area.
COL. Uberti stated the desire was to get a one-mile buffer all around. There
development in buffer #1 and was unattainable.
Givens questioned if this was voluntary.
Mitchell stated the conservation easement is voluntary.
Mayor Purcell stated it is voluntary in the sense that if you do not want to make
a deal to keep it
undeveloped, you don t have to do it.
Jackson stated they only want to develop the south part of that area which would
leave a ½ mile
buffer. He noticed we are not doing the same thing in the Elgin area.
Givens stated if this is voluntary and they don t have to do it, what is the
Mitchell stated the developer is requesting a water contract with the city.
Jim McGuire stated he has a letter from Robert Gregory, the Executive Director from
Legacy stating that they are not interested in the south piece of property since that property has
been sold. He also has a tape recording of Mr. Gregory from an answering machine.
Givens clarified that this property cannot be taken by imminent domain, but they
are going to do
in through the back door by saying the city won t build a water line to this property.
Mayor Purcell stated that this resolution states we will not allow development in
buffer all the way around Fort Sill.
Jackson stated that if the letter checks out, he cannot believe we would deny water
Vincent stated that his staff requested the letter from Mr. McGuire a week ago and
this is the first
time he has seen it.
Mr. McGuire stated he has been working on this project for two years, even before
became was involved.
Mayor Purcell stated the letter says that Land Legacy has made an agreement on the
half mile. It does not say that they don t need the south one half mile. That is what
attempting to be done by Land Legacy, Fort Sill and the Department of the Army to create as
close as they can get to a one-mile buffer. We have already encroached around Fort Sill in other
areas and they are trying to prevent a situation where Fort Sill is lacking in growth. We need
protect the citizens and installation in this community.
Jackson clarified that if the landowner does not want to participate in this situation,
they don t
Mitchell stated that is correct.
Jackson questioned if the next effort by the City of Lawton administration would
be to deny
water to the proposed development.
Mitchell stated that is the City Council s prerogative. As far as we
have gone with this program
in recognizing the commitments that have been made by the community, it would be wise of the
City Council not to encourage residential development.
Jackson stated he can easily concede the one half mile, but he does not know if the
owners will concede to the entire one mile.
Givens questioned if the owners are entitled to loss of development costs.
Mitchell stated it is the purchase of development rights.
Linda Reinwand stated she owns the one half mile section of land in question. Mr.
purchased 25 acres from them on the southwest quarter. Land Legacy has signed an agreement
with them for a conservation easement for 160 acres that immediately adjoins Fort Sill. They
have told them in person and left a recording on their voice mail, which she has on tape, and also
sent a letter stating they are not interested in that south quarter. There are homes all in that
there will not be a clean buffer zone. Right across Cache Road, there is a development going on
that is a mile deep from Fort Sill.
Shanklin questioned if all the residents around Fort Sill have agreed to the buffer
Mitchell stated no. Land Legacy has been contacting most of the landowners
in buffer zones #1
Mayor Purcell stated they are not buying the land, but they work out an agreement
that says they
will not develop with high-density housing.
Warren questioned when Land Legacy approached the Reinwands, was there discussion
concerning the northern 150 acres or did they originally attempt to gather easements on the entire
Ms. Reinwand stated they were only interested in the back 160 acres because they
developed a portion of the south section. She stated that Mr. Gregory from Land Legacy stated
on the recording that they are not interested. She did not understand why the city is not trying
stop a development starting to the west of her property.
Mitchell questioned how many units Mr. McGuire had planned to develop.
Mr. McGuire stated 100-120 units on one half acre lots.
Mayor Purcell stated the whole issue is the encroachment on Fort Sill that will cause
for Fort Sill and this community in the future. This council has to decide what will happen over
the next 40 years.
Givens stated that is not really the question tonight. The question is if this
is really necessary
since there is already development on the property.
Mayor Purcell stated they do not want any more development than they already have.
is to not add any more density, people or houses to that one-mile buffer zone.
Jackson stated he strongly believes in a buffer zone around Fort Sill and believes
it is necessary
for the future of Lawton and Fort Sill. But there is concern with the entire one-mile buffer in
buffer zone #2. He believes they can suffice with one half mile as they do all around the rest
COL Uberti stated the goal is to figure out what are the compatible uses and not
stop development but to develop wisely and prevent development from further encroaching on
missions current and future. The average width, north to south, of Fort Sill is about 6 miles
the closer development comes to the post boundary, that starts to infringe on training. The less
usable land available for training, the relative value of the training facility starts to go down. As
a matter of policy, the department is looking for wiser ways to develop that land so as not to
encroach upon military training missions.
Shanklin questioned how they determine compensation.
Mitchell stated an independent appraiser is hired to determine the value of the development
rights and that is the price paid for that easement.
Mayor Purcell stated the owner can use the land for other things, just not high-density
Jackson stated if the property owner does not sign an agreement with Land Legacy,
retain their property with full development rights. The question has to be if the City Council
going to deny these people water because they refuse to sign an agreement with Land Legacy.
Mitchell stated the property owner could get water from a rural water district.
Ms. Reinwand stated they have been talking to Land Legacy for several years and they
never indicated any interest in the south quarter. They were only interested in the half mile. She
stated she loves the idea of the buffer zone, but she always intended to keep the south quarter,
which at the time they had sold 25 acres to Mr. McGuire.
Mitchell stated it was important enough for the Department of the Army to designate
the one-mile buffer in that corridor.
Mayor Purcell stated the City Council has to decide what is best for the next 25
to 50 years for
Givens questioned who is coordinating this with Land Legacy.
Mitchell stated that Land Legacy is a land trust out of Tulsa. They have been
working with the
Department of the Army and the National Park Service for about two years on this project. Their
primary goal is to preserve vital valuable open space and land for community enjoyment. In this
case it happens to be to protect the operations and missions at Fort Sill.
Mayor Purcell suggested this item be tabled until the next meeting and invite a representative
from Land Legacy.
Warren asked that the tape from Ms. Reinwand s voice mail be transcribed.
Delores Delluomo stated she owns 100 acres that border to Fort Sill. She has
also been told by
Land Legacy that they were not interested in that property.
Ms. Reinwand stated that Mr. Gregory told them that further east, where it is not
so adjacent to
Lawton, they are interested in bigger areas. This close in, there is already too much
MOVED by Warren, SECOND by Drewry, to table this item to the October 25, 2005 City
Council meeting and request the tape be provided to the City Clerk for transcription. AYE:
Jackson, Shanklin, Patton, Haywood, Warren, Shoemate, Givens, Drewry. NAY: None.
8. Consider denying a request for the installation of traffic
control on SW C Avenue at 19
Street and the removal of traffic control on NW Erwin/23rd Street at Cache Road. Exhibits:
Traffic Commission Minutes.
9. Consider approving a Resolution authorizing the installation
of a traffic control device on
NE Independence at Cache Road and at NW Compass and Euclid. Exhibits: Traffic Commission
Resolution No. 05-174.
10. Consider acknowledging receipt of a permit from the Oklahoma
State Department of
Environmental Quality for the construction of 4,692 linear feet of eight (8) inch PVC gravity
sewer line, 1,561 linear feet of eight (8) inch PVC water line and 3,946 linear feet of six (6) inch
PVC water line and all appurtenances to serve the Eastlake Addition Part 2, City of Lawton,
Comanche County, Oklahoma. Exhibits: Permits are on file in the City Clerk s office.
11. Consider adopting Resolution No. 05-___ amending Resolution
05-61 extending the
moratorium on the issuance of building permits for the construction of buildings in an area
bounded by the north right-of-way line of Ferris Avenue, the north right-of-way line of Gore
Boulevard, the west right-of-way line of 4
th Street, and the east right-of-way line of Railroad
Street from April 15, 2005 to June 15, 2006. Exhibits: Resolution No. 05-171.
12. Consider approving a contract with SESAC, Inc. to obtain
authorization for the City of
Lawton to lawfully use the copyrighted musical compositions included in the SESAC repertory.
Exhibits: Contract is on file in the City Clerk s office.
13. Consider approving a request to enter into a contract
application process with the
Oklahoma Highway Safety Office and the City of Lawton for an overtime reimbursement of
traffic enforcement project. It will also allow for the purchase of 2 hand-held radar systems
used for this enforcement project and allow for public information and education events
pertaining to it. This contract will be in conjunction with the Project Under 21 Enforcement
Exhibits: Copy of the project contract application request in the amount of $80,000.00 is
on file in the City Clerk s office.
14. Consider accepting the Highland Cemetery Road Overlay
Phase III Project #2005-11 as
constructed by T & G Construction, Inc. and placing the Maintenance Bond into effect. Exhibits:
15. Consider ratifying the actions of the Public Works Director/City
Engineer awarding a
contract to BRB Metal Roofing & Manufacturing for the Fire Station #4 Re-Roofing Project
#2005-14. Exhibits: None
Jackson stated he is concerned about the price of the contract. He stated he
also contacted a
commercial builder in town and was given a considerable different price than what is on the bid.
He stated he would be willing to give the name of the builder to the Public Works Department.
We are talking about the difference between $54,000 as compared to $79,200. He
bid is at $1,236 per square, which is 10 foot by 10 foot. Besides the cost is too expensive, he
went by the fire station and personally inspected the area on the inside and he did not see that
this is an emergency and has to be done in thirty days. He agreed that it does need to be
addressed quickly, but we need to go through the normal bid procedures to get this taken care of.
Mayor Purcell stated the City Council approved this as an emergency and told staff
Shanklin stated he has the minutes from the last meeting and he made the motion to
stated the need for a metal roof was never mentioned.
Jerry Ihler, Public Works Director, stated the agenda item background states that
they will seek
proposals for a metal roof which will have a longer life than the existing membrane type roof.
Shanklin stated that was not in the minutes and they were declaring an emergency
Purcell said water damage is now causing health concerns due to mold and mildew and
additional rainfall could cause additional damage to the interior of the building. About
years ago the Patterson Center was closed for five or six months because of mildew and mold.
The Council was going to tear it down and spend three quarters of a million dollars to build it
back. He was called and told there was an ozone machine in Ardmore. He asked Mr. Baker if
they could try, and he said yes. Four or five of the machines were brought in and with $5,000
they remodeled the mechanical room, took out the insulation, put the sheetrock back and it is in
operation again today because of that ozone machine. They never even said thank you to those
who brought in the machine and spent their time, nor was it ever mentioned in the newspaper or
television. He stated he went out to the fire station with Councilmember Jackson. It was very
vague on what they were getting.
Ihler stated it is the same as what they got for the police station which was bid
as a retrofit metal
Shanklin questioned if they were interested in any insulation on those concrete T
Ihler stated he did not know.
Shanklin stated the City Council is spending $80,000 and he is not going to let anyone
say that he
voted to spend $1,300 for 100 square feet.
Jackson stated the point needs to be made that there are different types of metal
roofs and he
wants the public to understand that he cannot go along with this because it is costing the
taxpayers as much as an additional $25,000 by speeding up the bid process.
Givens questioned if the builder Councilmember Jackson spoke to understood the type
that is requested.
Jackson stated yes.
Shanklin stated the only reason he bought into this is because is was an emergency
and had to be
done right now. He stated that now they have plenty of time, but they need to know what that
roof is for $79,000 and what it encompasses. There is a tremendous difference in the different
types. There is still the fire station over on Rogers Lane, why don t they just fix them
Ihler stated they had visited with Building & Grounds division and looked at
doing away with
flat roofs because they aren t able to keep them from leaking over periods of time. Through the
discussions they wanted to go with a retrofit metal-pitched roof so it is not holding water. The
process of moving toward a metal roof started before they even did the police station. Staff
utilized the same specs as the police station.
Shanklin stated he would like to see the specs before he can ratify this decision.
Jackson stated he did not mean to start a controversy but the standing seam metal
roof is by far
the best way to go on roofing a flat roof. The cost is expensive but it is the way to go and he
would like to go that way. But he does believe that because of the emergency clause and not
going through the normal bidding process that they could pay as much as $25,000 more than they
should for this particular roof.
Ihler stated they utilized the same specifications they utilized at the police station. When they
received the bids, they were not that far out of line with what was paid when they went through
the normal bid process for the police station.
Jackson stated the builder he spoke with indicated that the standing seam roof normal
around $900 a square and a screw down metal roof was around $700 a square. At this time we
are paying $1,236 per square. That is his concern.
Shanklin stated he would like to table this issue and go back out for bid.
Ihler stated at the last meeting when the City Council approved the waiving of the
bidding and take the bids, they also authorized staff to tell the contractor to proceed. The
contractor is buying the material.
Shanklin stated they can use it on another job.
Ihler stated they authorized the contractor to proceed because they were the low
bid and they met
Shanklin stated they were led to believe this was an emergency, and evidently it
Chief Hadley stated they had two or three dozen leaks in the building during the
last storm of
th or 13th. Prior to that they did have some leaks. There was a hail
storm the night
of the last Council meeting, the following night there was heavy rain and he was called early that
morning and they had already taken four or five gallons of water out of the inside of the station.
They have had exposure reports filled out by personnel for mold and mildew. They have had
tested for mold and it came in at 70% inside.
Shanklin questioned who performed that test.
Hadley stated someone locally who is a certified indoor environmentalist.
Shanklin questioned who hired this person.
Hadley stated Jeff Welch, our health and safety officer, contacted this person. Jeff
typically like to see it below 60% on the inside.
Jackson stated no one wants the safety and welfare of our firefighters in jeopardy. He stated
several of us who own flat roof buildings know that they leak all the time. He is in the roofing
business and his roof leaks all the time. It is something that they live with and he has a hard
believing that they are in a health crises because the last rain it leaked. All he is asking is to
change this from an emergency situation to go through the proper bid procedure.
Vincent stated that based on the motion of the last City Council meeting, the Council
authorized staff to enter into a contract. The Council has the option to cancel the contract,
however, if the contractor suffers any damage as a result of that cancellation, he could come back
at us for damages.
Shanklin stated he would like to see us go back for bid on both fire station #4 and
station #3 on
Rogers Lane. He asked why we had to ratify this issue.
Vincent stated this item did not have to come back to Council.
Patton questioned if station #3 also had a flat roof.
Hadley stated yes. He stated roofs for both stations were included in the budget
Patton questioned if the specifications will come back to Council.
Shanklin stated the engineers can handle that.
MOVED by Shanklin, SECOND by Jackson, to cancel the existing contract for Fire Station #4
and request staff go back out for bid for the roofs on both Fire Stations #3 and #4. AYE: Jackson,
Shanklin, Patton, Haywood, Warren. NAY: Givens, Drewry, Shoemate. MOTION CARRIED.
16. Consider adopting a resolution extending the present five
percent (5%) Emergency
Telephone fee through June 30, 2006. Exhibits: Proposed
Resolution No. 05-172 and
Resolution No. 04-61.
18. Consider awarding (CL06-005) VHF/UHF Portable & VHF/UHF
Mobile Radio Equipment
to Lawton Communications of Lawton, Oklahoma. Exhibits: Abstract of bids and department
19. Consider awarding (CL06-007) Degreaser to
Mid-American Research Chemical, of
Nebraska. Exhibits: Abstract of bids and department recommendation.
20. Consider awarding (CL06-010) Testing Services
to Standard Testing and Engineering
of Lawton, Oklahoma. Exhibits: Abstract of bids and department
22. Consider approval of payroll for the periods of September
12- 25, 2005. Exhibits: None.
OLD BUSINESS ITEM:
23. Consider declaring the structure at 915 C Avenue dilapidated. Exhibits: Summary
documents with supporting photos, reports from the Fire Marshal, Housing Inspectors, and case
history are available from Neighborhood Services.
Tony Griffith, Neighborhood Services Supervisor, stated this item was brought before
Council on July 12, 2005 and was tabled for 90 days. The property was reinspected two weeks
ago. The leak in the roof has been repaired and this structure is sound and no longer represents
risk to the community.
Shanklin stated that a risk to the community is not the only criteria
that we use. He stated a
property can be unsightly, without being a risk to the community.
Vincent stated there is a list of things within the statute that are adopted in the
Properties don t necessary need to fit with all the categories, it can be one or more.
Haywood questioned if Griffith had been inside the building.
Griffith stated the inside needs to be cleaned up, there is no evidence of mold,
mildew or rodents.
There is no evidence of any type of health risk. The structure, in his recommendation, does
meet the standard to be declared dilapidated.
Mayor Purcell stated the recommendation from staff is to not declare this property
Shanklin stated the next time it rains, he will show staff where it leaks.
Mitchell stated that one of the conditions when it was tabled 90 days ago is that
the owner put
the property up for sale. He questioned if the owner has attempted to sell the property.
Griffith stated the owner has received one offer which was below the property value.
Warren stated the property was listed with Johnny Owens.
Mayor Purcell stated there is no action needed on this items.
NEW BUSINESS ITEMS:
24. Hold a public hearing and consider an ordinance annexing
approximately 155 acres of land
into the corporate city limits located in Southwest Quarter of Section 23, Township 2 North,
Range 11 West, Comanche County, Oklahoma, and declaring an emergency. Exhibits: Petition,
Location Map, Proposed Ordinance and Notice of Publication.
Vincent stated his office received a petition from the property owners in the area
know as Quail Run Estates on NE Cache Road and 45
th Street. Approximately 63% of the
property owners have requested annexation into the city of Lawton. This exceeds the statutory
requirement by 13%. It is a contiguous area with the exception of the south side where there
lot of approximately 5 to 6 acres that will not be included in the annexation and is not part of the
subdivision. The City Council will consider this lot at the October 25th City Council
Warren questioned if the streets meet our specifications.
Vincent stated they do not.
Warren questioned if there was a way to include wording in any annexation that the
contingent upon the creation of a paving district.
Vincent stated they cannot, but the annexation ordinance states that the City of
not repair the streets.
Patton stated the streets are much better than Pecan Valley.
Shanklin stated they are better than most of the streets in town.
Vincent stated that once this area is annexed and there is a pothole, the City would
have to go out
and fix it.
Patton stated he does not have a problem with these residents joining Lawton, but
there are so
many roads now that need attention.
Vincent stated they were primarily concerned about curbs and gutters. They
did get the right-of-way width but are not proposing to those residents that the city will come out
and install curbs,
gutters and storm drains.
Warren stated he was concerned about where we will draw that line. He sees
people outside the
city limits create an addition with substandard streets, no curb and gutter, and they shortcut on a
lot of things. They then want to be annexed and it is the citizens of Lawton who are responsible
to bring those up to standard. He is not so concerned with this area because the roads are good,
but where are they going to draw the line with the next area that has gravel streets with a little bit
of oil, especially since there are no county standards.
Jackson stated that several months ago the residents from the Quail Run Addition
him, the City Manager and the City Attorney requesting the opportunity to be annexed. He
thought it was a good idea because we have had such a hard time annexing surrounding property
around the city of Lawton. We can have some say over future development. He stated this
housing development with $300,000 - $350,000 homes on 5-acre tracts and the residents will not
allow any other development in that area. This is a country lane road that is in pretty good shape
and he understood that the water lines were installed according to City of Lawton building codes.
Warren stated that homebuilders have stood up and told the City Council that the
City of Lawton
requires too much and that people build outside the city limits to avoid the strict guidelines. It
seems that this is just the backdoor way to get around those rules. They build the homes, streets
and infrastructure without the covenants of the City of Lawton and then they want to be a part of
the city. They are getting the best of both worlds and he is concerned that ten years from now
the citizens of Lawton will foot the bill when it comes to bringing everything up to the standards
that it originally should have been built. He feels that this is putting a burden on the
Vincent stated under the new state law dealing with annexation which went into affect
there is either voluntary annexation or involuntary annexation. In a voluntary annexation, we
allowed to accept it the way it is. With an involuntary annexation we must bring it up to code
within five years. Of the two ways we are allowed to annex, from an economic standpoint,
is the better of the two ways.
Warren stated unless you only annexed undeveloped property.
Vincent stated that even with undeveloped property, there must be a plan to provide
within five years.
Warren stated we would not be responsible for roads and things that are the developer
Vincent stated that is correct.
Jackson stated that these are individual citizens that own this property that are
request and want to be a part of the city of Lawton. It is not a developer or a builder. He
believes that any time the city has an opportunity to take in a relatively good piece of developed
property, we need to take this.
Mayor Purcell stated he thought that if a whole community wanted sidewalks in their
neighborhood, we could put sidewalks in and create some kind of taxing district that those
residents who will benefit from those sidewalks will have to pay.
Vincent stated that is called an improvement district. You can do this for
water and sewer, but it requires a vote of the citizens in that district.
Mayor Purcell stated that if at some later date, the residents of this community
wanted to have curbs and guttering along the streets, they could ask for it and become that
improvement district and only those people will pay for those improvements.
PUBLIC HEARING OPENED.
Frank Frabotta, 4513 NE Pheasant Way, stated their streets in Quail Run Estates surpass
a lot of
streets in Lawton. None of the residents are looking for sidewalks or curbs. They like the
they are living right now and would like to be annexed by the city. They have nice homes and
their water system is one of the better ones around.
PUBLIC HEARING CLOSED.
Mayor Purcell stated that the reason they want to be annexed is because there is
a problem with
water. There was a water association but it is now dissolved. In order for this area to
receive water, they must be annexed. That is the main reason for the request.
MOVED by Jackson, SECOND by Haywood , to adopt Ordinance No. 05-83 annexing
approximately 155 acres into the city limits, waive the reading of the ordinance, read the title
only and declare an emergency. AYE: Jackson, Shanklin, Patton, Haywood, Warren, Shoemate,
Givens, Drewry. NAY: None. MOTION CARRIED.
(Title read by City Attorney) Ordinance
An ordinance providing for the attachment of a certain parcel of land into the City
Comanche County, Oklahoma, classifying said territory as temporary A-2 (Suburban District)
zoning classification for a period not exceeding one (1) year, and declaring an emergency.
25. Hold a public hearing and consider a resolution amending
the 2025 Land Use Plan from
Residential/Low Density to Commercial and an ordinance changing the zoning from
Dwelling District) to C-1 (Local Commercial District) zoning
located at 1702 - 1706 NW Ferris Avenue. Exhibits: Resolution
Ordinance No. 05-
____, Location Map, Site Plans, Applications and
Mayor Purcell stated that the person who requested this rezoning is not in attendance
and in an
attempt to save money and time he would like to open the public hearing and then entertain a
motion to continue the public hearing until the next meeting.
PUBLIC HEARING OPENED.
MOVED by Drewry, SECOND by Givens, to continue the public hearing to the October 25,
2005 City Council meeting. AYE: Shanklin, Patton, Haywood, Warren, Shoemate, Givens,
Drewry, Jackson. NAY: None. MOTION CARRIED.
26. Consider providing financial support to the Santa Shops
Lawton campaign. Exhibits:
Letter of request from the Lawton Fort Sill Chamber of Commerce.
MOVED by Warren, SECOND by Shanklin, to approve providing $5,000 to support the Santa
Shops Lawton Campaign. AYE: Patton, Haywood, Warren, Shoemate, Givens, Drewry, Jackson,
Shanklin. NAY: None. MOTION CARRIED.
27. Consider an appeal on the denial of a building permit
for a garage conversion in a special
flood hazard area located at 733 NW Heinzwood Circle submitted by Larry Sessums. Exhibits:
Letter of Denial by the License and Permit Center, Map indicating floodplain, Notice of Appeal,
Recommendation from Civil Engineer and Order.
Larry Wolcott, Civil Engineer, stated Mr. Sessums applied for a building permit to
garage into a family room at his existing single-family residence. This structure is located in
special flood hazard area. Staff could not issue the permit because the finished floor of the
garage did not meet the floodplain ordinance being a foot above the base flood elevation.
Shanklin questioned if the rest of the house was one foot above.
Wolcott stated he did not believe it was. The reason for the variance is he
is converting storage
space into habitable space, so the code would require that elevation to be one foot above. Mr.
Sessums is actually very close, about 3 ½ inches short of meeting that requirement.
Warren stated that staff is recommending that the City Council approve this appeal.
Mayor Purcell stated they have to go through the appeal process.
Wolcott stated there is no exterior construction involved in this project, so there
will be no
adverse impact on the flood plain.
Mayor Purcell stated there are six questions that must be voted on separately and
a majority of
the vote must be in the affirmative to grant this appeal and waiver.
A) Will the request, if granted, result in no increase in
flood levels during the base flood
discharge? AYE: Shoemate, Givens, Drewry, Jackson, Shanklin, Haywood, Warren. NAY:
None. ABSENT: Patton. MOTION CARRIED.
B) Will the structure be built no greater than two (2) feet
below the base flood elevation?
Givens, Drewry, Jackson, Shanklin, Haywood, Warren. NAY: None.
ABSENT: Patton. MOTION CARRIED.
C) Has the applicant been given written notice that the granting
of a variance to construct the
lowest floor elevation below the base flood elevation would cause the cost of flood insurance to
the appellant to increase commensurate with the increased risk resulting from the reduced lowest
floor elevation? AYE: Shoemate, Givens, Drewry, Jackson, Shanklin, Haywood, Warren. NAY:
None. ABSENT: Patton. MOTION CARRIED
D) If the structure has historic character or qualifies under
the historic criteria of the State, is
the variance the minimum necessary to preserve the historic character and design of the
structure? AYE: Shoemate, Givens, Drewry, Jackson, Shanklin, Haywood, Warren. NAY: None.
ABSENT: Patton. MOTION CARRIED
E) Does the variance meet all of the following:
(1) A showing of good and sufficient cause: and
(2) A determination that failure to grant the variance would
result in a hardship to the
(3) A determination that the granting of a variance will not
result in increased flood heights,
additional threats to the public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public, or conflict with existing city code or regulations; and
(4) The variance is the minimum necessary, considering the
flood hazard, to afford relief.
AYE: Shoemate, Givens, Drewry, Jackson, Shanklin, Haywood, Warren. NAY: None.
ABSENT: Patton. MOTION CARRIED
F) Does the variance contain all the conditions deemed necessary
to promote the public health,
safety, and general welfare and to minimize public and private losses due to flood conditions
throughout the city? AYE: Shoemate, Givens, Drewry, Jackson, Shanklin, Haywood, Warren.
NAY: None. ABSENT: Patton. MOTION CARRIED
Mayor Purcell declared that the variance has been granted.
28. Consider declaring a single tract of land described as
Lots 1 through 42 of Block 3 of
Plainview Addition as surplus property, and authorize the tract to be sold at public auction and
set a minimum bid of $21,000.00. Exhibits: Request letter and location map.
Vincent stated he would like to amend this item. The original request was for
lots 1-42 of Block
3. After the agenda was published, staff received a request to reduce to 22 lots which would be
lots 1-11 and 32-42 of Block 3 of Plainview Addition and reduce the bid price to $10,500.
Givens questioned if all this land was zoned R-1.
Vincent stated there is a restriction placed on this land by the Rose Hill/Lawtonview/Urban
Renewal District as public facility which the church would qualify. If they do desire to sell
off, some other things will have to be done to amend the plans.
MOVED by Haywood, SECOND by Jackson, to declare a single tract of land described as lots 1
through 11 and lots 32 through 42 of Block 3 of Plainview Addition as surplus property, and
authorize the tract to be sold at public auction and set a minimum bid of $10,500. AYE: Warren,
Shoemate, Givens, Drewry, Jackson, Shanklin, Patton, Haywood. NAY: None. MOTION
29. Consider terminating the Retainer Agreement for Professional
and Legal Services with
Ashton, Wisener & Munkacsy and approve the Retainer Agreement for Professional and Legal
Services with J.W. Doolin of 802 D Partnership and authorize the Mayor and City Clerk to
execute the document. Exhibits: Retainer Agreement for Professional and Legal Services on
in the City Clerk s office.
Mayor Purcell stated the City Attorney has requested that this item be postponed
until after the
30. Discuss the potential of consolidating City of Lawton
Emergency Operations with
Comanche County and take appropriate action if necessary. Exhibits: None
Mayor Purcell stated the City Council previously directed staff to work on the consolidation of
E-911 services between the City of Lawton and Comanche County. In light of the recent
hurricanes, staff determined some things in the emergency operations plan need to be reworked.
He is told the county plan also needs some work. Rather than spend a lot of time and effort
look at both plans, they need to consolidate emergency operation services. For years there
consolidated county emergency operations center that worked well. An incident happened where
the sirens were not blown and the City Council at the time decided to create the city s own
emergency operations center. This request is just to direct the City Manager to get on with this
consolidation. This would allow Derrell Morgan to concentrate on running the consolidated
E-911 and Chuck Jones, Comanche County, can devote all his time running emergency operations.
Jackson stated that he and Councilmember Warren have been holding E-911 merger meetings
and the general consensus among the group is to proceed with this merger process. He stated the
City Manager requested that Chuck Jones write up the protocol for the EOC. There is tentative
approval from Comanche County.
Warren stated this is the first step in a lot of things that the city will be able
to cooperate with the
county and all different government entities to start moving forward and saving the taxpayers
Shoemate questioned the location of the center.
Mayor Purcell stated that most likely it will be placed in the basement of the Comanche
Shoemate questioned if there will be any expense.
Mayor Purcell stated not right away. The reconfiguring they are doing in the
basement of the
Courthouse has approximately 5,000 square feet which will house the center and probably have
room to house the E-911 center at some later date.
Jackson stated the idea is that eventually a back up E-911 dispatch system will be
placed in the
basement of the county as well. Only as a back up to our primary system.
Mayor Purcell stated the city would have the back up system for the emergency operations
MOVED by Jackson, SECOND by Warren, to direct the City Manager to work on the
consolidation of City of Lawton emergency operations with Comanche County. AYE: Shanklin,
Patton, Warren, Shoemate, Givens, Drewry, Jackson. NAY: Haywood. MOTION CARRIED.
31. Consider agreeing with the initial placement of City of
Lawton job titles within the
previously approved job classification categories. Exhibits: Job categories with job titles, market
plan and previous council commentaries.
Jim Scholes, Human Resources Director, distributed an updated list of the initial
positions within the City of Lawton. The Employee Advisory Committee has been distributing
the list among the employees and some changes have been made. He stated this placement needs
to be approved to proceed with the pay analysis and grade assignments. That process may also
lead to further adjustments. This gives staff a benchmark to start with the rest of the process. He
stated the EAC will meet on Thursday and will report back to staff with any further changes.
Warren questioned John Thomas, Chairman of EAC, and asked if he was in agreement
placement of the positions.
Mr. Thomas stated there are probably a couple of positions they are missing, but
they are ready
to move forward with the process. The EAC is in agreement so far with staff recommendations.
MOVED by Warren, SECOND by Haywood, to approve the initial job category placements of
job titles and instruct staff to proceed with the pay plan analysis and development. AYE: Patton,
Haywood, Warren, Shoemate, Givens, Drewry, Jackson, Shanklin. NAY: None. MOTION
32. Consider approval of the City Manager s request
to add two (2) staff positions to the
Community Services Department and take the appropriate action necessary to amend the FY
2005-2006 Municipal Budget. Exhibits: Budget summary for Planning and budget summary for
License & Permits.
Mitchell stated he is requesting an additional Senior Planner in the Planning Division
Senior Plans Examiner in the License and Permit Division. He stated staff has experienced a
10% increase in the permitting over last year. He stated the Civil Engineering issue will continue
to be a problem area, but temporary staff has made some progress. They will readdress that issue
as they evaluate the pay plan. He announced that Richard Rogalski has accepted the position of
Planning Director. He currently works as an engineer in the Public Works Department.
Mayor Purcell questioned if an item will be brought back to supplement the budget.
Mitchell stated that at some point and item will be brought back to the council for
MOVED by Warren, SECOND by Givens, to approve the City Manager s request to add two
staff positions to the Community Services Department. AYE: Haywood, Warren, Shoemate,
Givens, Drewry, Jackson, Shanklin, Patton. NAY: None. MOTION CARRIED.
REPORTS: MAYOR/CITY COUNCIL/CITY MANAGER
Warren stated he attended a concert in the Elmer Thomas Park and thanked the Parks
Recreation Department for all their hard work.
Haywood stated Ms. Audrey Freeman passed at the age of 101 and the funeral will be
Friday. He thanked Ms. Sharp for making all the arrangements for Mrs. Freeman. Ms. Freeman
always encouraged young people to continue their education. He stated a football game will be
held on November 12 at Cameron University between Langston University and Haskell Indian
Shanklin stated he goes by the landfill on a weekly basis and it looks very good. He stated there
is a big mound of dirt at Flowermound and Gore. Where did they get the authority to put in at
Vincent stated he could not answer that question.
Shanklin stated he called the project engineer who said that was not part of his
bid. He is out
around $25,000 or $30,000. That is a change order that he would approve. He questioned if
were mad at these people for any reason.
Buckley stated that is on site temporary storage, so it is not considered fill. They
compliance with the contract and there is not a permit required to have that temporary on site fill.
There is a permit requirement that City Council passed a few months ago with regards to
changing a permanent process or any infill processing.
Mayor Purcell stated the person who is now complaining, at his urging for several
City Council approved this ordinance based on that persons demands when there was a problem
on East Gore on the fill. This Council passed an ordinance saying you must get a permit before
you can fill. Now all the sudden this person does not want to get a permit because it is his
property. Staff has gone out and told them they must submit for a permit.
Mike Jones, License and Permit Center, stated they have submitted an application,
but it is
Shanklin questioned if we were going to shut the job down until this is in compliance.
Buckley stated he is in compliance because this is on site temporary storage. He
is not filling,
but providing temporary storage for that material for construction. Since that is construction
on site storage, there is no permit requirement because it is not fill. Where he is wanting to
permanently take that dirt, would be a fill site that is off of the construction area which would
require a permit. That is the permit that is pending.
Shanklin stated the ordinance was too broad, if they did pass it like that. Common
you to get rid of the dirt as soon as you can without stacking it up.
Mayor Purcell stated what happens if they spread it out in a flood plain and then
we are in
trouble with DEQ. Without a permit we just don t know.
Jackson questioned why the application was incomplete and does staff see a problem
Jones stated the applicant did not submit a site plan and he cannot make a determination
Mayor questioned if the City Council wants to bring the ordinance back and change
stated they passed the ordinance at the assistance of this person and now they don t want to use
it. They put the staff in a bind by directing them to put this in place and now do we want to
them not to follow the ordinance.
Drewry thanked those who supported the fundraiser for the Boys and Girls Club which
underwritten by Dan Mullins. She stated the strategic planning task force has been meeting on
regular basis and are moving forward. They received a presentation from Nolen Watson, the
Mayor of Cache. She stated that she has been to some deployment ceremonies at Fort Sill and
was very impressed. She encouraged everyone to attend.
COL Uberti thanked the City Council for their support of Fire Prevention Week. He
week he will be attending an education summit in Washington DC with Barry Beauchamp and
members of the school board. The goal of the summit is to improve student transition and
community transition based on the BRAC recommendations. This should provide some tools
available to the community to aid in the transition. He thanked everyone for their support in
deployment and redeployment ceremonies.
Vincent stated the Oklahoma Municipal Utilities Provider Water Conference will be
th. Formal invitations have not come out, but all the City Council and Public Works
people will be invited. He stated the Lawton Public School Foundation fundraiser will be held
this Friday at Golden Corral.
Mitchell reminded everyone that OML will be in Lawton for their regional dinner on
6:00 pm at the Museum of the Great Plains. They will also be hosting a training session that day
for newly elected officials.
Shoemate stated his church, Calvery Baptist Church at 8
th & H Avenue, will host a dental
ministry on Thursday evening that is free to the community. The best dentists in the country
donate their time to extract teeth.
The Mayor and Council convened in executive session at 8:38 p.m. and reconvened in
open session at 9:02 p.m. Roll call reflected all members present.
BUSINESS ITEMS: EXECUTIVE SESSION ITEMS
33. Pursuant to Section 307B.4, Title 25, Oklahoma Statutes,
consider convening in executive
session to discuss the pending Workers Compensation claim of Jerry Lynn, and if necessary, take
appropriate action in open session. Exhibits: None.
Vincent read the title of Item 33 shown above. He said the Council discussed
MOVED by Jackson, SECOND by Warren, to authorize the City Attorney to enter into
settlement negotiations. AYE: Givens, Drewry, Jackson, Shanklin, Patton, Haywood, Warren,
Shoemate. NAY: None. MOTION CARRIED.
34. Pursuant to Section 307B.4, Title 25, Oklahoma Statutes,
consider convening in executive
session to discuss collection of the City s deficiency judgment in
US Mortgage vs. Shannon, et
al, Case No. CJ-2004-198, District Court of Comanche County; and if necessary, take
appropriate action in open session. Exhibits: None
Vincent read the title of Item 34 shown above. He said the Council did receive
a briefing on the
judgment and possible courses of action were discussed.
MOVED by Givens, SECOND by Haywood, to direct the City Attorney not to pursue any action
in this matter. AYE: Haywood, Warren, Shoemate, Givens, Drewry, Jackson, Shanklin, Patton.
NAY: None. MOTION CARRIED.
1. Pursuant to Section 307B.4, Title 25, Oklahoma Statutes,
consider convening in executive
session to discuss the consolidated lawsuit, in the Comanche County District Court,
County Rural Water District No. 1, et al vs. City of Lawton and Lawton Water Authority, Case
No. CJ-2003-928; and if necessary, take appropriate action in open session.
Vincent read the title of Item 1 shown above. He said the Council did receive
a briefing on the
case. No action is required.
Mayor Purcell stated they need to return to item #29.
29. Consider terminating the Retainer Agreement for Professional
and Legal Services with
Ashton, Wisener & Munkacsy and approve the Retainer Agreement for Professional and Legal
Services with J.W. Doolin of 802 D Partnership and authorize the Mayor and City Clerk to
execute the document. Exhibits: Retainer Agreement for Professional and Legal Services on
in the City Clerk s office.
MOVED by Shanklin, SECOND by Jackson, to terminate the Retainer Agreement for
Professional and Legal Services with Ashton, Wisener & Munkacsy and approve the Retainer
Agreement for Professional and Legal Services with 802 D Partnership and authorize the Mayor
and City Clerk to execute the document. AYE: Shoemate, Givens, Drewry, Jackson, Shanklin,
Patton, Haywood, Warren. NAY: None. MOTION CARRIED.
There being no further business to consider, the meeting adjourned at 9:07 p.m. upon
second and roll call vote.
P. PURCELL, JR., MAYOR
TRACI HUSHBECK, CITY CLERK